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 1 - DEVELOPMENT PROCEDURES ARTICLE 4: - GENERAL LEGISLATIVE PROCEDURES DIVISION 2: - PETITION FOR DEVELOPMENT AGREEMENT titN'I�IS tii� 2 P . "ttt"i °;i1 .t iit��.t';tt V f':�i;if��Lti� "IV AGRI t YL ''� °t.,,. Section 1„ ...2 „1 ,,. Puirpose, AppIllicalb111111ty and Ilf;; °ff f (a) Purpose. The purpose of a petition for approval of a development agreement is to determine whether the City wishes to authorize by binding contract a plan of development for land located in the City's extraterritorial jurisdiction, to prescribe land uses, environmental standards, development standards and public facilities standards governing development of the land for the term of the agreement, to provide for delivery of public facilities to the property, and to provide for annexation of the property to the City. (b) Applicability. A development agreement may be approved only for land located in the extraterritorial jurisdiction of the City. A development agreement may be approved to effect a development transfer if the granting site or the receiving site, or both, are located outside the City limits at the time the development agreement is executed. (c) Effect. Approval of a petition for a development agreement authorizes the petitioner to submit a draft development agreement and land use plan to the City for approval. Subsequent approval of the development agreement and land use plan puts into effect the regulations governing the use and development of the land subject to the agreement, authorizes provision of City services in accordance with the agreement, and authorizes the property owner to make application for subordinate development permits. An executed development agreement shall be binding on the property owner, the City and their respective successors -in- interest and assigns for the term of the agreement. Section 1 „4...2...2 ,,. Sequence of Approvals (a) Accompanying Applications. If the property is to be developed in phases under the proposed development plan, the petition for approval of a development agreement shall be accompanied by an application for approval of a Subdivision Concept Plat and an application for approval of a Watershed Protection Plan (Phase 1), provided that the petition shall be decided first. A petition for approval of a development agreement may not be submitted with a petition for utility extension. (b) Subsequent Applications. Following approval of a development agreement, the property owner may submit any development application authorized by the agreement in the sequence prescribed by the agreement or in this Chapter 1, subject to the standards applied by the agreement. Section 1„ „2 „3 ,,. AppIllicatiloin Requirements (a) Responsible Official. The .II 2I Rr;iRiq Director shall be the responsible official for a petition for a development agreement. (b) Contents. A petition for approval of a development agreement shall be accompanied by an application prepared in accordance with Chapter 1 of the Technical Manual. Section 1„ ...2„ 4 ,,. Pirocessiling of IPetliifiiioin and IlD iii iiion (a) Director's Role. The II "I Rr;iRiq Director shall circulate the petition for approval of a development agreement among City departments for review and shall consolidate comments and recommendations in a report, which shall be delivered to the Planning and Zoning Commission and City Council in advance of the public hearing on the petition. The Director shall cause legislative notice of public hearings before the Planning and Zoning Commission and the Council to be published in accordance with Article 3, Division 2 of this Chapter 1. San Marcos, Texas, Code of Ordinances Page 39