11-1-3: DEVELOPMENT AGREEMENTS:
    A.   Purpose: The purpose and intent of this section is to encourage private participation in comprehensive planning and allow for zoning amendments that are designed to address the specific character of a parcel of property, the needs of the surrounding neighborhood and the public infrastructure needs, by placing conditions upon that zoning amendment that provide for mitigation of the impact of development upon the community.
   B.   Authority: In the event that a requested amendment to the zoning designation of a parcel of property will, in the opinion of the City Council, have a substantial impact on the public infrastructure or will require buffering between the subject parcel and adjacent neighborhood if the request were to be granted, the City Council is hereby authorized to condition approval of the zoning amendment upon a written development agreement providing for mitigation of the impact on the infrastructure and the property surrounding the subject parcel.
   C.   Form of Agreement: The development agreement shall be in a form approved by the City Council. It shall specify the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, provisions for reservation or dedication of land for public purposes, buffering requirements and infrastructure improvement requirements that are necessary to mitigate the impact of the zone change. The development agreement may include conditions, terms, restrictions and requirements for discretionary actions, provided, that such conditions, terms, restrictions and requirements for discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement. The agreement may provide that construction shall be commenced within a specified time and that the project or any phase thereof be completed within a specified time.
   D.   Recording: All development agreements shall be recorded at the expense of the subject property owner and the terms of the agreement shall run with the land and be binding on subsequent property owners.
   E.   Modification and Termination: Development agreements may not be amended or terminated without the City first providing notice and holding a public hearing pursuant to the hearing procedures for adoption of the Comprehensive Plan under the Local Planning Act.
   F.   Enforcement: If the property owner fails to comply with the terms of the development agreement, the City Council may, following notice and public hearing, terminate the agreement and reverse the zoning designation. The City Council is also authorized to enforce the terms of the agreement through civil action for injunctive relief.
   G.   Periodic Review: Compliance with the development agreement may be reviewed on a periodic basis following the procedures set forth herein:
      1.   Written notice of the periodic review shall be given in writing to the property owner of the subject property at least 15 days in advance of the time at which the review will be conducted.
      2.   An investigation will be conducted as to whether or not there has been good faith compliance.
      3.   If the person who is authorized by the City to conduct the investigation finds that there has not been such compliance, written findings shall be provided to the City Administrator together with a recommendation as to whether the development agreement should be terminated or modified or enforced as written.
      4.   Upon receipt of the findings and recommendation, the matter shall be placed on the Council agenda for public hearing pursuant to the notice and hearing procedures set out in the Local Planning Act for adoption of the comprehensive plan.
      5.   Nothing in this section is intended to preclude a review on a more frequent basis upon the receipt by the City of a complaint that the terms of the development agreement have been violated.
   H.   Discretionary Authority: Approval of a zoning amendment under this section is at the discretion of the City Council. The City Council may set fees to cover costs of processing the development of such an agreement. (Ord. 619, 4-13-2021)