(A) Application.
(1) A landowner who wishes to develop a project in the ETJ under a development agreement with the city must submit a completed application for development agreement on a form provided by the city. The application must be accompanied by all of the following:
(a) A map of the property that shows relevant city limit and ETJ boundaries;
(c) Proposed development standards for the project meeting the requirements in § 156.06. Specific references should be made to any proposed development standards which exceed the development standards that apply within the city;
(d) A general description of the infrastructure to be constructed to serve the project;
(e) If any city services are proposed to be provided to the project prior to full-purpose annexation, a description of the proposed method by which residents and uses in the project will contribute fairly and adequately to the cost of the services;
(f) A preliminary schedule for development of the project, including a general description of any phasing under which the project will be developed;
(g) A proposed schedule for full-purpose annexation of the project. The schedule should be phased if the project is to be developed in phases;
(h) A description of any areas proposed for limited-purpose annexation by the city, and the purposes for which the annexation is proposed;
(i) A description of any development procedures proposed for use by the city for the project which differ from those which apply to development within the city;
(j) A description of the extent to which the applicant proposes that city development regulations be vested under the development agreement;
(k) The proposed term of the development agreement;
(l) If the project involves the proposed creation of a special district, the type of district proposed, the purposes for the district, a description of how the creation of the district will be coordinated with review of the development agreement, and a description of the services the district will provide to the project; and
(m) A deposit towards the costs associated with processing and reviewing the application in accordance with § 32.04 of this Code, or a request for an agreement under which the applicant will pay those costs, which will be subject to approval by the City Council before further processing of the application.
(2) The applicant will bear all costs associated with processing and review of the application.
(B) Public hearing and consideration of application by Planning and Zoning Commission.
(1) Upon determining that an application is complete and the applicant has made adequate provisions for the costs of processing and reviewing the application, the City Administrator will schedule the application for a public hearing and consideration by the Commission, if there is a Commission separate from the City Council. If there is no separate Commission, the application will be processed under division (C) below.
(2) The public hearing will be preceded by a notice published in a newspaper of general circulation in the city at least ten days before the date of the hearing. The Commission will hold a public hearing on the application, and after concluding the public hearing, the Commission will review the application using the policies in § 156.04, and will vote to recommend to the City Council approval, approval with modifications, or denial of the application.
(C) Public hearing and consideration of application by City Council. Upon receipt of the Commission’s recommendation on an application, or if there is no commission separate from the City Council, the City Administrator will schedule the application for a public hearing and consideration by the City Council. The public hearing will be preceded by a notice published in a newspaper of general circulation in the city at least ten days before the date of the hearing. The Council will hold a public hearing on the application and, after concluding the public hearing, the Council will review the application using the policies in § 156.04, and will vote to approve, approve with modifications, or deny the application. If the Council approves the application or approves the application with modifications, the City Administrator and City Attorney will proceed to negotiate the terms of the development agreement with the applicant.
(D) Consideration of development agreement by City Council. Upon completion of negotiation of the terms of the development agreement, the City Administrator will schedule the agreement for consideration by the City Council. The Council will hold a public hearing on the agreement and, after concluding the public hearing, the Council will vote to approve, approve with modifications, or deny the agreement.
(E) Takings impact assessment; waiver. If the city determines that approval of a development agreement may constitute an action requiring a takings impact assessment under Tex. Gov’t Code, Ch. 2007, as amended, the applicant will authorize the city to have the assessment performed at the applicant’s cost, or the development agreement will include a waiver by the applicant and the property owner of rights under Tex. Gov’t Code, Ch. 2007, as amended. If the applicant authorizes the assessment to be performed, City Council consideration of the development agreement will be scheduled after the city receives the final assessment report and any required notices are published.
(Ord. 2013-01-22, passed 1-22-2013)