(A) Contents. A development agreement will include, at a minimum, the following, and will be subject to approval by the City Attorney:
(1) A legal description of all tracts of land included in the project;
(2) The Land Use Plan for the project as approved by the City Council in connection with final approval of the development agreement;
(3) A description of the infrastructure to be constructed to serve the project;
(4) The preliminary schedule for development of the project, including a general description of any phasing under which the project will be developed, and a requirement that the developer notify the city of changes to the schedule or phasing for the project;
(5) A complete description of all development standards that will apply to the project. At a minimum, these standards will include the following:
(a) In table form, the land use districts or categories to be included in the project, the uses permitted by right in each district or category, and the uses permitted conditionally in each category;
(b) In table form, the area, width, depth, setbacks, building height, and lot coverage minimums/limitations for lots in each proposed land use district or category; and
(c) A detailed description of any modifications to city standards for the design and construction of infrastructure.
(6) A description of any development procedures to be used by the city for the project which differ from those which apply to development within the city. If these procedures include the process by which the Land Use Plan or the table of permitted uses may be amended, a provision will be included that significant amendments to the Land Use Plan or the table of permitted uses will be subject to approval by the City Council after a public hearing;
(7) A schedule for full-purpose annexation of the property by the city, and the express consent of the property owner to annexation of the project. The schedule should be phased if the project is to be developed in phases;
(8) A description of any areas that will be annexed by the city for limited purposes, the property owner’s consent to the annexation, and a schedule for the annexation (if not authorized on the effective date of the development agreement);
(9) The term of the agreement and provisions for extension, if any;
(10) A description of the extent to which city development regulations are vested under the agreement;
(11) If the project involves the creation of a special district, a description of the type of district and the purposes for the district, a description of how the creation of the district will be coordinated with activities under the development agreement, and a description of the services the district will provide to the project;
(12) Provisions for enforcement of the agreement by the city; and
(13) Provisions assuring that the agreement will bind successors-in-interest to the property owner.
(B) Recording. The City Administrator will ensure that the agreement, or a memorandum of the agreement, is recorded in the official records for each county in which any of the land comprising the project is located.
(Ord. 2013-01-22, passed 1-22-2013)