1. A Development Agreement may present an alternative plan for development that could not otherwise be accomplished under the UDC under TLGC Section 212.172, Subchapter G.
2. This Section shall apply to any new Agreement, amendments to existing Development Agreements, Agreements regarding Public Improvement or Municipal Utility - or any other special Districts.
3. Any property subject to a Development Agreement shall be required to obtain a Building Permit and Certificate of Occupancy.
 

(i) Application of a property owner or their authorized agent;
(ii) Recommendation of the City Council;
(iii) Recommendation of the Planning and Zoning Commission or appropriate board or commission; and
(iv) Recommendation of the Planning Director in reliance upon other staff as detailed in subsection B.5 below;
 

2. Amendment to an existing agreement. If the request is for amendment of an existing Development Agreement, initiation and procedures for amendment will be according to the procedures in the Agreement itself. If the Agreement specifies no procedures for amendment, the procedures specified in this subsection apply as if the amendment were a new request.

3. Property owner consent required. Nothing within this subsection, or the UDC, shall give the Council or any other agent of the City of Bee Cave the authority to initiate a Development Agreement or to initiate an amendment to an existing Development Agreement without the written consent of the owner of the property that is the subject of the agreement or contrary to the laws of the State of Texas.

4.The City will not process other applications associated with the same property until City Council approves the Development Agreement.

5. Staff review.

(i) Applications shall be reviewed by the Planning Director as well as other staff the Planning Director deems necessary for the effective review of the application based on the functional areas needed.

(1) Other staff may consist of the City Engineer, City Attorney, Finance Director, Public Works Director, City Manager, their designees, or any other staff assigned to the Committee.

(ii) The Planning Director shall review the application, consider the Approval Criteria, and prepare a report to the Planning and Zoning Commission and City Council.
(iii) The Planning Director may establish procedures for administrative review necessary to ensure compliance with the UDC and State Law.
(iv) The Planning Director's report may include a recommendation for final action.
 

6. Board or commission review. The Planning and Zoning Commission shall hear the report of the Planning Director and make a recommendation to the City Council to approve, approve with modifications, or to deny the request for a Development Agreement.

7. City Council final action.

(i) The City Council shall hear the report of the Committee and the Planning and Zoning Commission and take final action on the proposed Development Agreement or amendment.
(ii) The Development Agreement or amendment will become effective in the manner provided by the City Charter and State Law.
(iii) All outstanding application, staff, and legal fees must be paid in full to the City prior to the execution of the agreement.
 

1. The proposed agreement promotes the health, safety, or general welfare of the City and the safe orderly, and healthful development of the City.
2. The proposed agreement is consistent with the Comprehensive Plan.