HomeMy WebLinkAboutRES 940125-E - Dev Agmt Policy1 tI '. 0 ri M ME 0 WMA�
I W11OWGINWAMOL411100JIMIU9 =V110WIMISIMIM
M MCI) RM DO K11MA I:= IAAV M 1110�1 MWANAMAN
DEVELO ENT AGREEMENI'S.,IXNDES'F,'V,'PL-K-).vnttlU,�lI EFFE( TITE
DATE
WHEREAS, the City has adopted various development regulations that establish the City's
minimum standards for new development or redevelopment of property within the City of
Georgetown and its extraterritorial jurisdiction
WHEREAS, there may be occasions when the City Council deems it appropriate to alloi
the delay in the implementation of certain development requirements-,
VJIEREAS, the City Council has determined that it is in the best interest of the City
adopt a policy concerning the intent and conditions in which certain development requiremen]
may be delayed through the use of development agreements;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF GEORGETOWN, TEXAS, THAT:
SECTION 1. The facts and recitations contained in the preamble of this resolution are
hereby found and declared to be true and correct, and are incorporated by reference herein and
expressly made a part hereot as if copied verbatim. The City Council hereby finds that this
resolution implement the following policies of the Century Plan - Policy Plan Element, which
state as follows:
Economic Development Policy 1: The City will encourage diversified growth and
promote business opportunities to create jobs, broaden the taxbase and minimize the
impact of economic fluctuations.
Facilities and Services Policy 1: The City will endeavor to increase the quality of life
new services
u,L
to meet the specific needs of the community.
Finance Policy 1: The City will conduct all municipal operations in an efficient business-
like manner.
Growth and Physical Development, Policy 2: The City's regulatory actions will
efficiently and effectively implement the Policy Statements and provide the opportunity
to seek change with reasonable effort and expense.
Development Agreement Policy Resolution No.
Page I of 4
"THWAMPWIIIIII MY. T VIN
w ith any other Century Plan Policies, as required by Section 2.03 of the • Chapter
I
of the •! •
SECTION 2. The City Council hereby .••r the following policy concerning the u
of development a• i
A. Requests for Development Agreements.
Any applicant who wishes to • compliance with certain provisions of the City's
development regulations may file a written • for a development agreement with th-
s !
ompliance with this r•
I. • Consideration.
The City
• retains all authority for consideration, approval • rejection of any
development agreement. The City staff is authorized to • development agreements in
0
compliance with the executive limitations • this r•
The staff may not recommend the deferral of any development requirements
without the City receiving adequate value in exchange from the developer for the
deferral.
2. The staff cannot include a component of the agreement that does not provide
adequate financial guarantees that the development requirements will be met in
terms of the size • the development or financial scope • the total development.
3. The staff cannot negotiate an agreement in which the required developments
would occur in an unreasonable period of time.
4. The staff cannot expose the City to any liability pertaining to the terms of the
•
5. The staff cannot waive any direct and indirect costs associated with the
administration, monitoring, or inspection • with respect • the agreement.
6. The staff cannot waive any time schedules concerning the installation and
construction of utilities and other municipal improvements for the proposed
development once the agreement has been adopted.
7. The staff • waive any development fees related to the project.
8. The staff may not waive any requirements for • • and safety devices
at the construction site.
9. The staff may not waive compliance with any other city requirements and
concerns involving the development of the property.
10. The staff may not omit from the proposed agreement, any special conditions
affecting the property that would be considered by the City to be significant in
terms
• this development.
Development Agreement Policy Resolution No. ?
Page 2 of 4
C. Development Agreement Processing and Fees
As part of the request for the development agreement, the applicant shall be responsible for the
payment of the application fee according to the following fee schedule:
1) For a development agreement concerning 500 acres or less, the
development agreement fee of $500.00 must be paid at the time o
application. Once the development agreement has been completed
and approved, the staff will calculate all staff time spent on the
preparation of the development agreement, at the hourly rate of
$30.00 per hour. If the fee calculated on an hourly rate is less than
the application fee of $500.00, the developer will receive a refund
of the difference within 30 days following the approval of the
development agreement by the City Council. If the fee calculated
on an hourly rate is higher than the application fee, the $500.00 fee
paid by the developer shall be the maximum fee charged for the
development agreement.
2) For a development agreement concerning more than 500 acres, t ' *
developer will pay a minimum application fee of $500.00 and t'.
City Council will determine, based as the complexity of issu
involved in the proposed development agreement, the total fee S
be charged for the staff time to be dedicated to this project, pri
to the preparation of a draft agreement by the staff.
After all design issues are resolved on the project, a development agreement will be
prepared by the City Attorney for review by the applicant. All additions, deletions, or
other modifications to the draft agreement will need to be discussed between the City
Attorney and the applicant. Any unresolved issues may cause delays in the consideration
of the final agreement by the City Council. Failure to obtain approval of the City Council
for any development agreement does not permit any refund of application and document
preparation/processing fees.
Once the terms and conditions of the development agreement are finalized, it will be
routed for the necessary signatures. The signed agreement and all copies must be
received by the City no later than seven working days prior to the scheduled meeting
date, to be considered at the next available City Council meeting.
Any changes submitted by the applicant after the development agreement has been
approved by the City will require reprocessing the request as a new agreement.
Development Agreement Policy Resolution No.
Page 3 of 4
SECTION 3. This resolution shall be effective immediately upon adoption.
RESOLVED this day of 1994.
ATTESTBE CITY OF GEORGETOWN:
Sandra Lee By: WO WOOD
City Secretary Mayor
APPROVED AS TO FO
Development Agreement Policy Resolution No.
Page 4 of 4