Res 2021-246 approving a Development Agreement with HK Baugh Ranch, LLC, HK Riley’s Pointe, LLC, and Benchmark Acquisitions, LLC, to regulate the annexation and future development of approximately 1,142 acres of land

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I I ' MUMMIES —�i rr� - � Section 2.8.4.6Appeals C. An administrative adjustment may not be requested or granted for any of the following standards or requirements: The applicant or other person within the personal notification area may appeal the decision of the Planning and Zoning Commission to 1. Use grant or deny an alternative compliance request to the City Council in accordance with Section 2.8.1.1.The Council shall apply the 2. Signs criteria Section 2.8.4.4 in deciding whether the Planning and Zoning 3. Parking Commission's action should be upheld, modified or reversed. A three-fourths vote of all of the members of the City Council shall 4. Density be necessary to reverse a decision of the Planning and Zoning 5. Stormwater Commission to deny a request for alternative compliance. D. Effect.The granting of an administrative adjustment in whole DIVISION 5: ADMINISTRATIVE ADJUSTMENTS or in part authorizes the applicant to submit a development application which complies with the standard as adjusted, The applicable decision-maker for an administrative application is and authorizes the decision-maker to evaluate the related hereby authorized to approve administrative adjustments for certain development application using the adjusted standard,for the standards in this Development Code. duration of the administrative adjustment. Section 2.8.5.1 Purpose, Applicability and Effect Section 2.8.5.2Application Requirements A. Purpose.The purpose of an administrative adjustment A. Who May File Application.An administrative adjustment application is to vary one or more dimensional standards or application may be filed by a property owner or the applicant requirements applicable to a development application, subject for the applicable administrative development application to to the limitations set forth in this Section or elsewhere in this which the administrative adjustment application relates. Development Code. B. Form of Application.An administrative adjustment application 1. An administrative adjustment application shall not be used shall be prepared in accordance with the universal application as a means of amending the text of this Development standards in Section 2.3.1.1. Code or of changing a district or legislative classification of the property for which the administrative adjustment is C. Time for Filing Application.An administrative adjustment sought. application must be filed with the development application for which an applicable standard is requested to be modified. 2. An administrative adjustment application shall not be used as a means to contest the applicability of a standard or Section 2.8.5.3Approval Process requirement to a development application, an exemption A. Responsible Official Action. Upon receipt of an administrative determination,or a decision on a development application. adjustment application,the Responsible Official shall transmit B. Applicability.An administrative adjustment application may be the application to the decision-maker for processing and filed under the following circumstances: determination in accordance with this Section. 1. Standards with respect to which this Development B. Burden of Proof.The applicant bears the burden of proof to Code specifically provides may be the subject of an demonstrate that an administrative adjustment of the standards administrative adjustment; or applicable to a development application should be granted. 2. Modification of up to 10%of any dimensional standard or C. Decision on Application.The Responsible Official shall grant, requirement of this Development Code. grant subject to conditions, or deny the request for one or more administrative adjustments. The decision on the administrative Amended-.September 1,2020 1 2:57