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

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Subpart B - LAND DEVELOPMENT CODE Chapter 1 - DEVELOPMENT PROCEDURES ARTICLE 4: - GENERAL LEGISLATIVE PROCEDURES DIVISION 2: - PETITION FOR DEVELOPMENT AGREEMENT (b) Recommendation by Commission. The Planning and Zoning Commission shall conduct a public hearing in accordance with Article 3, Division 3 of this Chapter 1 to consider whether to recommend approval, conditional approval or denial of the petition for approval of a development agreement. (c) Initial Decision by Council. The City Council shall consider the petition for approval of a development agreement at a public hearing conducted in accordance with Article 3, Division 3 of this Chapter 1 and shall decide whether to approve, conditionally approve or deny the petition. If the Council approves the petition, the City Manager shall coordinate efforts to negotiate the agreement and a land use plan for the property with the property owner. The Council may appoint a subcommittee of its members for purposes of reviewing and facilitating negotiations with the property owner. (d) Preparation and Negotiation of Agreement. Following approval of a petition for a development agreement, the petitioner shall prepare an initial draft of the agreement containing the elements required by Chapter 2, Article 2 of this Land Development Code, and consistent with the City Council's approval of the petition. The draft shall be accompanied by a land use plan for the proposed development that reflects the Council's decision on the petition and conceptual development plan. The petitioner shall transmit the draft agreement to the responsible official, who shall distribute the agreement among appropriate departments of the City, the City Manager and members of the Council subcommittee, if any. Following the conclusion of negotiations on the agreement, the responsible official shall prepare a report to the City Manager and the City Council summarizing issues that remain unresolved under the draft agreement. (e) Final Decision by Council and Acceptance by Property Owner. The draft agreement, proposed land use plan and report shall be delivered to the City Council for a final decision. The Council may accept, accept with modifications, or reject the proposed development agreement, and may approve, conditionally approve or deny the land use plan consistent with its decision on the development agreement. If the Council accepts the agreement, it shall approve the agreement by resolution that authorizes the City Manager to execute the agreement on behalf of the City following execution by the property owner. Unless a different time is specified in the resolution, the property owner shall accept the development agreement and land use plan and execute the agreement within ten working days of the date the resolution is adopted. If the agreement is not accepted and executed by the property owner within such period, the Council's acceptance of the agreement shall be deemed withdrawn. (f) Recording Agreement. The approved development agreement shall be recorded in the real property records of each county in which land subject to the agreement is located. (g) Land Use Plan. The land use plan for the property shall be approved as an exhibit to the development agreement and shall conform to the requirements in Chapter 2, Article 2 of this Land Development Code. Thereafter, development applications for the land subject to the development agreement shall be consistent with the land use plan and shall be processed in accordance with the provisions in the agreement. Section 1 „ ...2„ 5 ,,. Cirliiteirliia for Appirovall l (a) The following factors shall be considered by the Planning and Zoning Commission in recommending and the Council in deciding whether to approve, conditionally approve, or deny a petition for approval of a development agreement: (1) The extent to which the proposed agreement and conceptual plan of development meet the policies in Chapter 2, Article 2 of this Land Development Code; and (2) The extent to which the proposed agreement furthers the public health, safety and general welfare. Section 1„ ...2„ 6 ,,. Ilf;;° Ipiiiir tiiioin, 11:..:..xte ins Ioin, Airneindirneint gain 'T irirmmiiiin atiiioin of Agireerneint (a) Expiration. The development agreement shall expire on the date that its term ends. The conceptual plan of development governing development of the property shall expire on that date, except for any land that is subject to San Marcos, Texas, Code of Ordinances Page 40