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A. Request For Or Requirement Of Development Agreement: A development agreement may be requested by the applicant or required by the city council.
1. In the event an applicant seeks to enter into a development agreement, the development agreement shall be submitted to the city with the rezone application.
2. If an application does not include a development agreement and the city council determines that the application should not be approved without a development agreement, the council may determine the basic terms of the development agreement during the public hearing on the rezone application or as part of its decision on the application. The terms of the development agreement shall include the use restrictions and use requirements for the subject property including such terms as are listed under subsection B2 of this section that the council deems appropriate.
3. Any zoning change may be conditioned upon the applicant entering into a development agreement approved by the city council. Failure of the owner of the subject property to enter into a development agreement that is required by the city council shall be grounds to deny the zoning change or annexation request.
B. Filing Requirements: When the applicant requests a development agreement, the city's representatives may require such information as is reasonably necessary to process the application. Depending upon the nature of the property which is the subject of the application, this information may include, but is not limited to, the following:
1. A conceptual master plan, at an adequate scale, that addresses:
a. Vehicular and pedestrian circulation, to include adjacent and proposed paths and roadways, as well as parking and snow removal;
b. Existing and proposed buildings and uses, including open space and common areas;
c. Conceptual grading and landscaping;
d. Schematic building plans;
e. Proposed design criteria (height, setbacks, density, etc.);
f. Utility capacity, connections, and layout; and
g. Other items as requested by the planning and zoning administrator or the city council.
2. A draft development agreement which shall be reviewed by the city attorney, and shall contain at a minimum, the following:
a. List of uses to be allowed;
b. Identification of development standards required under the agreement;
c. Identification of locations for permitted uses on a proposed conceptual plan;
d. Planned implementation of improvements with a construction and completion schedule;
e. Provision that the standards, processes and information contained in the land use ordinances of the city shall apply to the development of the property in the development agreement;
f. A provision that the property owners and other interested parties consent that failure to comply with the terms of the agreement, including the construction schedule of improvements, shall result in a reversion of the zoning of the real property to the zoning designation existing immediately prior to the agreement; or, in the case of an initial zone at annexation, the zoning of the real property shall be changed to a zoning designation deemed appropriate by the city council;
g. A provision specifying that the agreement and all conditions, terms, and duties and obligations included in said agreement shall be an encumbrance on the real property;
h. Any other matter required by the city council or city attorney as deemed appropriate. (Ord. 224, 8-13-2008)