A. The city council is hereby authorized to enter into development agreements with any person or entity. The city council may require a development agreement for any annexation application, rezone application, subdivision of land, development, rehabilitation, reconstruction, or placement of improvement upon any property for the purpose of any of the following:
1. Protecting the right of the citizenry to health, welfare, and safety;
2. Addressing proposed projects, and the impacts of such projects, which may not have been contemplated by this code;
3. Addressing issues of the density of developments when required to balance competing interests;
4. Refining uses within the development in furtherance of the general plan when considering neighboring properties;
5. Resolving issues regarding unique features or challenges confronting development;
6. Protecting sensitive lands;
7. Protecting public properties and interests, both tangible and intangible;
8. Clarifying the application of code requirements or city standards;
9. Ensuring adherence to the overall intent of this code; and
10. For any other purpose consistent herewith; or
11. When mutually agreed upon with the developer.
B. Through a development agreement, the planning commission may recommend and the city council may approve modifications to the following types of development standards for new development in the underlying zone:
1. Permitted exterior building materials.
2. Building height.
3. Minimum lot frontage.
4. Minimum yard requirements.
5. Up to a five percent (5%) modification to the minimum lot size, provided that the modification does not result in an increase in density above the maximum allowed density for the underlying zone.
C. Modifications to the development standards listed in subsection B of this section may only be approved if the following conditions are met:
1. The granting of the modification will not adversely affect the rights of adjacent landowners or residents;
2. The modification desired will not adversely affect the public health, safety or general welfare; and
3. The granting of the modification will not be opposed to the general spirit and intent of this title or the general plan. (Ord. 2009-17, 11-24-2009)