25.210.100 Concomitant agreement.
(1) The City may enter into an agreement with the petitioner whereby the City will grant the requested zone change conditioned upon the petitioner entering into a covenant with the City restricting the use and/or development of the subject property. Provisions of the agreement may relate to any or all of the following aspects of the use of petitioner's property:
(a) Setback;
(b) Use of building or property;
(c) Type of business;
(d) Height of building;
(e) Size of building;
(f) Size of subdivision of property;
(g) Density;
(h) Landscape;
(i) Street, sidewalk and curb improvement and easements and rights-of-way for such;
(j) Public utility improvements and easements and rights-of-way for such;
(k) Time frame for commencement or completion of the proposed construction or development. In the event a concomitant agreement includes a specified time frame for the proposed development, it may further provide that failure to conform to the specified time frame shall cause the zone change granted therein to revert to the zone existing immediately prior to said zone change.
(2) Any concomitant agreement under this chapter must be signed by the legal owner of record for the property described in the agreement, notarized and attached to and becoming a part of the ordinance effectuating the zone change; and
(3) The ordinance effectuating the zone change, together with the concomitant agreement and all other attachments thereto, shall be filed with the County Auditor and all conditions and covenants included in the concomitant agreement shall be binding on all heirs, successors and assigns, and shall run with the land. [Ord. 3354 § 2, 1999; Code 1970 § 25.88.100.]