Loading...
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