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A. A development agreement shall be consistent with applicable development regulations. Provided, however, that a development agreement may allow for modification of certain development standards otherwise required under this code in order to provide flexibility to achieve public benefits, to respond to changing community needs, and/or which provide the functional equivalent or adequately achieve the purposes of otherwise applicable development standards.

B. The following table sets forth the types of development standards for which modifications may be approved pursuant to a development agreement, together with the corollary range of permissible modifications:

Standard

Permissible Range of Modification

Minimum lot width

10%

Maximum residential density

10%

Maximum building height

50%

Front setback

100% with 15 ft. maximum reduction

Rear setback

67% with 10 ft. maximum reduction

Parking spaces

25%

C. A development agreement shall not authorize modifications to development standards except as expressly provided in subsection B of this section. Without prejudice to the foregoing, a development agreement shall not authorize modifications of the following development standards:

1. AMC Title 15, Buildings and Construction;

2. AMC Title 16, Environmental Protection;

3. Chapter 22.12 AMC, Districts Established – Zoning Map; or

4. Chapter 22.16 AMC, Prohibited Use.

D. The development standards approved through a development agreement shall apply to and govern the development and use of the property subject to the development agreement in lieu of any conflicting or different standards or requirements elsewhere in this code.

E. Except as otherwise expressly provided by this chapter, modifications approved pursuant to a development agreement shall be without prejudice to any flexibility, bonuses and/or other adjustments to development standards authorized by other provisions of this code. (Ord. 1172-19 § 3 (Exh. A)).