Land Development Code :: Back to Table of Contents

Section 1209.03    Contents of Development Agreement

  1. Mandatory Requirements
    A development agreement shall include the following:
    1. A description of the uses permitted on the property and any uses specifically
      prohibited;

    2. The density or intensity of proposed uses, including the maximum size (floor
      area) and height of buildings;

    3. Provisions for the reservation or dedication of land for public purposes;

    4. The proposed timing and phasing of the construction of public
      improvements;

    5. Assurances that adequate public facilities (including roads, water, sewer,
      schools, fire protection, and emergency medical services) will be available as
      they are needed to serve the development;

    6. Provisions to protect environmentally sensitive land on the property, and
      other measures to mitigate anticipated impacts from the development on the
      general public;

    7. Provisions for public benefits or improvements in excess of what is required
      by current City policy or law;

    8. The proposed timing and phasing of the development project;

    9. The termination date of the development agreement, which in no case shall
      be later than ten (10) years from the date of execution of the development
      agreement.

  2. Optional Requirements
    A development agreement may include the following:
    1. Terms and conditions relating to applicant financing of necessary public
      facilities and subsequent reimbursement over time; or

    2. Terms, conditions, restrictions, and requirements for subsequent
      discretionary actions, provided such terms, conditions, restrictions, and
      requirements shall not prevent the development of the property for the uses
      and to the density and intensity of development set forth in the agreement.