Chapter 15.245 DEVELOPMENT AGREEMENTS

Chapter 15.245
DEVELOPMENT AGREEMENTS

Sections:

15.245.010 Description and purpose – Applicability.

15.245.040 Amendments – Cancellation – Zoning map.

15.245.050 Expiration or determination of failure to complete.

15.245.010 Description and purpose – Applicability.

A. A development agreement is made between a property owner and the city and is adopted by the city by ordinance. It is intended as a tool to create quality developments. The agreement allows the city to change the zoning of a property contingent on the applicant constructing a certain project, completing certain conditions, or complying with certain standards. The agreement may also allow the city and an applicant to coordinate in the provision of facilities to serve the development.

B. A development agreement may do any of the following:

1. Designate the zoning district, comprehensive plan designations, and subdistricts that will be applied to a property upon execution of the agreement, upon successful completion of the terms of the agreement, and in case of failure to complete the terms of the agreement.

2. Require specific performance conditions for development of the property. These performance conditions may include, but are not limited to, construction of public facilities, dedication or reservation of land for rights-of-way, easements, or open spaces, construction of certain amenities, or other conditions proper for the development.

3. Create certain standards or specifications for development.

4. Create review processes by which development under the plan is approved. [Ord. 2537, 11-6-00. Code 2001 § 151.255.]

15.245.020 Duration – Content.

A. The agreement shall specify the duration of the agreement, which may not exceed 15 years. The agreement may specify when construction will begin, when phases will be completed, and what extension opportunities are available.

B. A development agreement shall contain all those items listed in ORS 94.504. In addition, the development agreement shall specify:

1. The zoning district, comprehensive plan designations, and subdistricts that will be applied to a property upon adoption, upon successful completion of the terms of the agreement, and in case of failure to complete the terms of the agreement.

2. The signature of the applicant. [Ord. 2678 § 4 (Exh. 6(2)), 9-4-07; Ord. 2537, 11-6-00. Code 2001 § 151.256.]

15.245.030 Procedure – Criteria.

A. A property owner or duly authorized agent may submit a proposed development agreement for approval.

B. In addition, in lieu of denying an application that would otherwise not meet applicable criteria, the planning commission or city council may request that an applicant prepare a development agreement for consideration in conjunction with the application, including reasonable extensions of the time periods for decision making to allow preparation and review of the agreement. The applicant is under no obligation to do so, but may risk denial of an application.

C. The city shall process the request for development agreement approval using a Type III procedure. The development agreement shall be adopted by the city council by ordinance.

D. The fee collected shall be the fee for the zone change, annexation, or other approval that is requested in conjunction with the development agreement.

E. The criteria for approval for a development agreement shall be those criteria for a zoning map amendment, design review approval, planned development approval, or other processes that otherwise would be applied to the property. [Ord. 2537, 11-6-00. Code 2001 § 151.257.]

15.245.040 Amendments – Cancellation – Zoning map.

A. The development agreement may be amended or canceled by mutual consent of the parties to the agreement or their successors in interest, and by ordinance of the city council using a Type III process.

B. Should the development agreement include a zone change, any such change shall be noted on the official zoning map. If the zone change is contingent on meeting certain conditions, then the map shall include a note to that effect such as an asterisk or LU designation. [Ord. 2537, 11-6-00. Code 2001 § 151.258.]

15.245.050 Expiration or determination of failure to complete.

Should the applicant fail to meet the terms and conditions contained in the agreement in the time frames specified, then the zoning of the property shall revert as specified in the development agreement and other approvals shall be null and void. [Ord. 2537, 11-6-00. Code 2001 § 151.259.]