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��+��Tr1TrrY�i�lif*TiTs�_f�Trr,T� m entitled to rely upon any representation made by an official development application in contravention of this subsection in contravention of this subsection, and each and every such shall hereby be deemed null and void, and, upon discovery, representation shall be deemed in violation of the policy of shall be grounds for revocation of a permit or approval, or the city,and is not binding on the city in any respect. No reconsideration of a legislative decision. subsequent decision of the city shall be deemed a ratification of any representation made in contravention of this subsection. Section 2.2.1.4Conflict in Authority C. Representations Concerning Future Amendments. No A. Internal Inconsistency.Whenever one or more provisions of city official, whether an employee of the city or a member this development code are in apparent conflict,the provisions of an appointed board or commission, or a member of shall be construed, if possible, so that effect is given to each. the city council, shall have the authority to make binding If the conflict is between a general provision and a specific representations to any person concerning the likelihood that a provision, and the conflict is irreconcilable,the specific change in any legislative classification or a change in the text provision shall prevail as an exception to the general provision, of this development code as applied to a specific tract of land unless the general provision is the later enactment and the shall be granted, or that an existing legislative classification manifest intent is that the general provision should prevail. or text provision shall remain in effect,or that any application B. Incomplete Provisions.Whenever a specific standard for relief shall be granted. No person is entitled to rely upon or procedure of this development code is incomplete any representation made by an official in contravention of this when applied in isolation to a development application or subsection, and each and every such representation shall be development activity, such standard shall be supplemented by deemed in violation of the policy of the city, and is not binding any general or specific provision of this development code, on the city in any respect. No subsequent decision of the city the city code, or the city charter in order to give effect to the shall be deemed a ratification of any representation made in incomplete provision. contravention of this subsection. D. Effect of Comprehensive Plan, Ordinance or Development DIVISION 2: CITY STAFF Standard on Liability Claims.The city's approval of a development application under the standards and procedures Section 2.2.1Administrator; Responsible Official; of this development code does not guarantee or assure that Determining Authority development of the property in accordance with the standards A. Administrator. The administrator of this development code is shall prevent, minimize or mitigate harm to adjoining property. the director of planning and development services. As such, A person who undertakes development activities shall not the administrator shall be responsible for taking the following rely on the city's approval of a development application as actions with regard to development applications in addition to ensuring that the development activities shall not result in all other responsibilities assigned under this development code: harm to adjoining property.The regulations contained in this development code constitute an exercise of the city's 1. Accepting the application for filing; governmental authority, and approval of a development application shall not give rise to any liability on the part of the 2. Processing the application; city or its officers, agents and employees, nor shall an approval 3. Coordinating any comments from other city departments release the applicant from any liability for harm arising out of concerning the application, and; development of the property under applicable law. 4. Taking all other actions necessary for administration of E. No Waivers. Except as expressly provided for in this the provisions of this development code with respect to development code, no official, board, commission of the all development applications which are not otherwise city, or the city council, shall have authority to waive or vary assigned to a responsible official with respect to a any requirement or standard for a development application. development application. Any attempted waiver of a requirement or standard for a 2:6 1 : Amended: September 1, 2020