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 4: - WAIVER OR MODIFICATION OF DEVELOPMENT STANDARDS AS AN ECONOMIC DEVELOPMENT INCENTIVE tilVI",SHINV ,,f. - WAIVER ER iii XRiDI ti°rf°iRiI i °it tit,' "'Vt t,iiPII � I" ",SIAI t'i,ARIIOS .rfS AIV i iiIV iILfti .D VE1 iPHt°"IVT PV (11,11,170 t Section 1„ 4 4 „1 ,,. Puirpose, AppIllicalb111111ty and Ilf;; °ff f (a) Purpose. The purpose of a request for waiver of development standards is to determine whether the City wishes to authorize, as part of the approval of a request for economic development incentives, alternative standards or criteria for approval for development applications related to a specific project with -in the City limits or extraterritorial jurisdiction, in order to support and implement the City's adopted economic development program. (b) Applicability. A waiver or modification of development standards may be approved only for projects approved by the City Council under the City's Economic Incentives Policy, as it may be amended from time to time by the City Council. (c) Effect. Approval of a waiver or modification of development standards authorizes the petitioner to submit applications for subordinate development permits for the specific project under the modified criteria set forth in the Economic Development Incentives Agreement. O )rah ",lo 2008 44 § 2 10 (3 08) Section 1„ 4. 4.2 ,,. AppIllicatiloin Contents and uwlbirnliiffalll Requirements (a) Responsible Official. The City Manager shall be the responsible official for requests for development incentives. (b) Contents. A request for waiver or modification of development standards shall accompany an application for city economic development incentives and shall identify the nature of the project, the specific portions of the code to be modified or waived and the benefit of these actions to the City. O )rah ",lo 2008 44 § 2 10 (3 08) Section 1„ 4 4 ...3 ,,. Pirocessiling of IPetliifiiioin and IlD iiisiiion (a) Director's Role. The City Manager shall cause a City departmental review of the requested incentives and creation of a report consolidating comments and recommendations, which shall be delivered to the City Council prior to their consideration of the request. (b) Recommendation by Commissions. The City Council may request review and recommendation of the request for modifications or waivers by The Planning and Zoning Commission or other appointed bodies. (c) Initial Decision by Council. The City Council shall consider the request for incentives and give direction to the City Manager regarding waivers and or modifications of development standards as incentives for an economic development project. The Council may appoint a subcommittee of its members for purposes of reviewing and facilitating negotiations with the property owner. (d) Final Decision by Council and Acceptance by Property Owner. The proposed waivers or modifications of development standards shall be included in an Economic Incentives Agreement and shall be delivered to the City Council for a final decision. The Council may grant a waiver or modification of standards at a public meeting if it finds that granting the request is consistent with the adopted Comprehensive Plan, the adopted Economic Development Incentives Policy and furthers the public health, safety and general welfare. Council's approval authorizes the City Manager to execute the agreement. If the agreement is not accepted and executed by the property owner within a stated period, the Council's acceptance of the agreement shall be deemed withdrawn. San Marcos, Texas, Code of Ordinances Page 44