§ 35-713. Recognition of Rights by Consent Agreement.

(a)

Consent Agreements. Any applicant for a determination of rights under Chapter 245 of the Texas Local Government Code may apply for a consent agreement provided that the requirements of subsection (d) of this section are satisfied and the required approval is for one (1) or more, but less than all phases of the proposed development. An application for a consent agreement may be approved subject to compliance with subsection (b). An application for approval of a consent agreement must be filed concurrent with or subsequent to an application for a determination of statutory rights.

(b)

Terms and Conditions. A consent agreement shall be signed by the city attorney, the director, and the applicant and shall include the following terms and conditions:

(1)

A legal description of the subject property and the names of the legal and equitable owners;

(2)

The duration of the consent agreement and the conditions that will result in revocation;

(3)

The uses permitted on the property, including population densities and/or building intensities and height;

(4)

A description of the public facilities that will service the proposed development, including who shall provide such facilities; the date any new facilities, if needed, will be constructed; and a schedule to assure that public facilities are available concurrent with the impacts of the development;

(5)

A description of any preservation or dedication of land for public purposes;

(6)

A description of all development approvals, permits, or other local, state or federal approvals needed for the proposed development;

(7)

A finding that the proposed development is consistent with the master plan and the relevant provisions of this chapter;

(8)

A description of any conditions, terms, restrictions, or other requirements determined to be necessary for the preservation and protection of the public health, safety, or welfare;

(9)

A statement indicating that the omission of a limitation or restriction shall not relieve the applicant of the necessity of complying with all applicable local, state and federal laws;

(10)

A phasing plan indicating the anticipated commencement and completion date of all phases of the proposed development; and

(11)

A statement that the city attorney shall review progress pursuant to the consent agreement at least once every twelve (12) months to determine if there has been demonstrated good faith compliance with the terms of the consent agreement.

(12)

A finding that the consent agreement is intended to resolve a good-faith dispute concerning development rights and applicable regulations without the cost and uncertainty to both parties of litigation.

(c)

Failure to Comply With Consent Agreement. If the board of adjustment finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of the consent agreement, the consent agreement may be revoked by the board of adjustment after a public hearing which has been noticed by publication, and for which notice has been expressly provided to the applicant.

(Ord. No. 2006-02-12-0241, § 2, 2-16-06) (Ord. No. 2014-08-14-0581, § 4, 8-14-14)