§ 25-1-544. PROJECT CONSENT AGREEMENTS.

(A)

This section provides a voluntary mechanism for determining applicable regulations where the extent of a project's vested rights are unclear and for incentivizing projects with clearly established vested rights to achieve greater compliance with current regulations.

(B)

An applicant may submit a request for a project consent agreement to the director, in writing, after the director issues a vested rights determination under Section 25-1-541 ( Vested Rights Determination ) and before the application expires under Section 25-1-82 ( Application Requirements and Expiration ). The request must identify:

(1)

current regulations for which compliance would be required, other than regulations exempt from vested rights protections under state law;

(2)

additional restrictions on the nature and intensity of the proposed development; and

(3)

any modifications or waivers requested as a condition to the agreement, including but not limited to provisions for the transfer or averaging of impervious cover to include additional property or changes to the original project that increase compatibility with adjacent land uses.

(C)

The director may recommend a project consent agreement for approval to the city council if the director finds that the agreement achieves a greater degree of environmental protection and compatibility with adjacent land uses than would occur if a project developed to the full extent of vested rights that have been verified or are reasonably likely to exist for the project.

(D)

In making a determination under Subsection (C) of this section, the director shall consider:

(1)

the degree to which vested rights for the project have been established;

(2)

the importance of particular regulations to achieving adopted planning goals or policies for the area in which the project is located; and

(3)

a recommendation from the environmental officer regarding the environmental benefits of the proposed agreement, if vested rights from the regulations of Chapter 25-8 ( Environment ) are asserted for the project.

(E)

The city council may consider approval of a project consent agreement under this section only if the agreement is recommended by the director or initiated by the city council. Before the council acts on a consent agreement, the director shall seek a recommendation from the Environmental Board and the Land Use Commission, and the council shall hold a public hearing. The director shall provide notice of the hearing under Section 25-1-132(B) ( Notice of Public Hearing ).

(F)

In acting on a project consent agreement, the city council may approve, deny, or modify the agreement based on the standard applicable to the director's review under Subsections (C) and (D) of this section. A project consent agreement may waive or modify site development regulations applicable to a project as deemed appropriate by the city council.

(G)

A project consent agreement for a project located in the extraterritorial jurisdiction may include a development agreement as authorized under Section 212.172 of the Local Government Code. The director shall review a proposed development agreement concurrent with an application for a project consent agreement, but council may consider the agreements separately or as a single agreement.

(H)

A project consent agreement is subject to the expiration requirements specified in this subsection.

(1)

A project consent agreement approved by the city council expires on the 90 ^th day after approval, unless the applicant has submitted a complete site plan application for review by the director under the terms of the agreement.

(2)

Following submittal of a site plan application, a project consent agreement expires if:

(a)

the site plan application expires under Section 25-1-82 ( Application Requirements and Expiration ); or

(b)

the site plan expires under Section 25-5-81 ( Site Plan Expiration ).

(3)

In approving a project consent agreement, the city council may extend the expiration periods established under this subsection.

Source: Ord. 20140612-084, Pt. 2, 6-23-14 .