Ord 2013-035/Amending Chapters 1 through 8 of the Land Development Code to implement the changes made through Ord 2013-16 which adopted the comprehensive plan

Home Browse Search

Subpart B - LAND DEVELOPMENT CODE Chapter 2 - DEVELOPMENT IN THE ETJ ARTICLE 2: - DEVELOPMENT AGREEMENTS DIVISION 1: - DEVELOPMENT AGREEMENTS Illlt t "IIIiS,llll"IIII: Z' lfllll:i "%IIII IIII"o IIII II V1 IN t" A G Illltllll "IIIEi "Il V1 IN "'I ""S tit FIS NV :i`. tit,' "Vt t,i°if 11M'V"t" AiTRI t,:,A10S"i" ";'' Sectili oin 2...2 „1 „1 ,,. Puirpose aind AppIllicalb111111ty (a) Purpose. The purpose of a development agreement is to enable development of land in the City's extraterritorial jurisdiction to occur at densities or intensities of use that require public water and wastewater services and that are to be governed by standards applicable to development inside the City limits. The purpose of the agreement also shall be to provide for development outside the City limits that is compatible with development inside the City limits in anticipation of eventual annexation of the land subject to the agreement into the City. (b) Applicability. A development agreement shall be used where either of the following is applicable: (1) It is likely that the property subject to the agreement will remain in the extraterritorial jurisdiction for a period exceeding five years and the property owner seeks to pursue development prior at urban level residential densities or intensities of use. (2) The City proposes to annex a property within the ETJ that is appraised for ad valorem tax purposes as land for agricultural, wildlife management, or timber use. A development agreement, consistent with the provisions of the Local Government Code, shall be established. Sectili oin 2...2 „1...2 ,,. IPoIlliii iii s AppIllicalbIle to IPetliifiiioins for IDevellopirneint Agireerneints The following policies shall be taken into consideration in deciding a petition for approval of a development agreement: (a) Development of the property under the proposed agreement and land use plan should implement the policies of the III Mast ve Plan; (b) Extension of public facilities and services to the property under the agreement should not compromise the City's ability to timely provide adequate public facilities to property inside the City or degrade environmental resources; (c) Water quality impacts arising from the proposed development should be mitigated by measures provided in the development agreement; (d) The agreement should not further creation or expansion of other utility providers to the City's detriment; (e) The agreement should authorize application of the City's zoning and development standards to the uses proposed, which otherwise could not be applied to the proposed development; (f) The agreement should authorize the City to recoup the costs of capital improvements provided to the development while it remains in the extraterritorial jurisdiction; (g) The schedule of annexation proposed in the agreement should further the City's policies on expansion and growth of the City; (h) The agreement should not create future barriers to annexation of land contiguous to the area subject to the agreement; and (i) The agreement should not promote economic development that undermines or inhibits economic development within the City center or other economic centers of the community; (j) Proposed development transfers should substantially further protection of water quality and result in compatible development on the receiving site. San Marcos, Texas, Code of Ordinances Page 2