(A) Mandatory provisions. The development agreement shall include, at a minimum, provisions pertaining to the following:
(1) The land that is the subject of the agreement;
(2) The duration of the agreement;
(3) The permitted land use or uses and density/intensity for the proposed development project and any conditions attached thereto;
(4) The maximum height and size of the proposed buildings; and
(5) Any provisions for the dedication of any portion of the land for public use.
(B) Optional provisions. If agreed to by the applicant and approved by the city, the development agreement may include, without limitation, provisions pertaining to the following:
(1) The phasing of the proposed development project in coordination with the provision of public facilities, including, but not limited to, roads, water, sewer, drainage, parks, municipal and other facilities, required to accommodate the impacts of the proposed development project on such facilities at the city’s adopted LOS standards;
(2) The identification of public facilities to be dedicated, constructed or financed by the developer pursuant to the development agreement and the designation of such facilities as project improvements, system improvements or subsystem improvements;
(3) The determination of the development project’s proportionate share of the total system and subsystem improvement costs required to be dedicated, constructed or financed by the developer of the development project;
(4) The determination of offsets to impact fees otherwise due from the dedication, construction or financing of system or subsystem improvements;
(5) The city’s share of the costs of system and subsystem improvements to be dedicated, constructed or financed pursuant to the development agreement;
(6) Reimbursements, as applicable, to the owner of the subject property for the amount of any contributions for system or subsystem improvements in excess of the proportionate share of the benefit derived from such facility by the subject property;
(7) The rules, regulations, ordinances, laws, plans and official policies of the city governing development applicable to the subject property; and
(8) If the property to which the development agreement relates is located outside the incorporated area of the city, the period of time within which each property shall be annexed to the city.
(Ord. 3020, passed 9-10-2013, § 4.55.4)