A. Intent: This section applies only to developments of five (5) acres or more in the aggregate or residential subdivisions with twenty five (25) or more lots. The purpose of this section is to provide a mechanism for the development of land which permits the developer to rely on existing city code provisions and obtain limited deviation from city code requirements, while ensuring that the city will receive certain commitments from developers consistent with the overall intent of the applicable zoning codes.
B. Application: Upon application of any person having a legal or equitable interest in land, the city may enter into an agreement with that person concerning the development of that land.
1. Applications to enter into agreements concerning the development of land must be filed with the city clerk. Applications shall be filed on a form provided for such purpose and shall be complete.
2. Applications shall include payment of a filing fee in an amount established by a schedule adopted by resolution of the city council and filed in the office of the city clerk.
C. Content And Form Of Agreements: At a minimum, agreements concerning the development of land shall include the following:
1. A description of the land which is the subject of the agreement.
2. The duration of the agreement.
3. The permitted uses of the land.
4. The density or intensity of use of the land.
5. The maximum height and size of proposed buildings.
6. Any provisions for the dedication of any portion of the land for public use.
7. Provide for a period of time within which construction must commence and provide for an extension of that deadline.
D. Commitments And Safeguards: The following commitments and safeguards shall apply to any agreement concerning the development of land:
1. Unless the agreement otherwise provides, or permits or requires a deviation from an otherwise applicable city code requirement, the ordinances, resolutions or regulations applicable to that land and governing the permitted uses of that land, density and standards for design, improvements and construction are those in effect at the time the agreement is made.
2. Entering into an agreement concerning the development of land does not prohibit the city from adopting new ordinances, resolutions or regulations applicable to that land which do not conflict with those ordinances, resolutions and regulations in effect at the time the agreement is made. However, any subsequent action by the governing body must not prevent the development of the land as set forth in the agreement. The governing body is not prohibited from denying or conditionally approving any other plan for development pursuant to any ordinance, resolution or regulation in effect at the time of that denial or approval.
3. An agreement may include provisions which supersede limitations on time for action on tentative or final maps or for presentation and recordation of a final map or series of final maps.
E. Procedure: Consideration of an agreement concerning the development of land by the planning commission:
1. The planning commission shall set a date for public hearing of the application to enter into an agreement concerning the development of land. Such public hearing shall be held after a public notice of time, date and place of such hearing has been given in accordance with any requirements of Nevada Revised Statutes. Such notice shall include a legal description of the land which is the subject of the agreement, a statement of existing zoning and current use of the property, and a general description of the proposed content of the agreement.
2. Within forty (40) days after the conclusion of the public hearing, the planning commission shall file a written report containing the commission's recommendation to the city council, which shall include a finding of conformance or nonconformance with the master plan.
3. Upon receipt of the planning commission's recommendation to the city council, the council shall set a date for public hearing of the matter concerning the agreement for the consideration of the city council, subject to the same notice requirements contained within this section.
4. At the conclusion of the public hearing, or within thirty (30) days thereafter, the city council may, if it finds that the provisions of the agreement are consistent with the master plan, approve the agreement by ordinance.
5. Within a reasonable time after approval of the agreement, the city clerk shall cause the original agreement and a certified copy of the local ordinance adopting the agreement to be filed with the county recorder for record. Upon recordation, the agreement binds all parties and their successors in interest for the duration of the agreement.
F. Amendment Or Cancellation:
1. The agreement for development of land may be amended or canceled, in whole or in part, by mutual consent of the parties to the agreement or their successors in interest, except that if the governing body determines, upon a review of the development of the land held at least once every twenty four (24) months, that the terms or conditions of the agreement are not being complied with, it may cancel or amend the agreement without the consent of the breaching party.
2. Notice of intention to amend or cancel any portion of the agreement shall be subject to any notice requirements required by Nevada Revised Statutes. The governing body, after conducting a public hearing, may approve any amendment to the agreement by ordinance if the amendment is consistent with the master plan. The original of the amendment must be filed for recording with the county recorder. (Ord. 753, 7-10-2012)