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Instructions for Preparing Proffer Statements • I. The term "proffer" refers to reasonable written conditions ^-',a, ntafitafil) offered by an applicant for a rezoning or map amendment. In order for the City to approve/accept any proffer(s), se al ^^-a"i^^^ must be satisfied� (i) the Eezening itself must give rise to the need f6F the conditions; (ii) the eanditions must have a and (w) the conditions must not include a requirement that a property owners' association be required to pay an assessment for maintenance of public facilities owned in fee by a public entity (other than sidewalks, special street signs or markers, or special street lighting in public rights of way). In drafting a proffer statement, each applicant should carefully review the Neighborhood Plan for his development site. 2. Conditional zoning proffers most be made in writing and submitted to AIDS no /inter than ten (ill) days prior to a scheduled public hearing. City Code ,S 34-64. PrgJjer.c mule not be made verbally by cm applicant. 3. Proffers must be signed by each Owner of the Subject Property and by the Applicant(s) (if different than the Owner(s)). 4. Proffers may not be submitted and accepted for the first time during a public hearing on a rezoning application; however, an application may be continued for an additional or reconvened public hearing at which proffers (once properly reduced to writing and duly advertised) may be considered and accepted. 5. The applicant must reduce all proffers to a Final l'rolJcr Statenu±nt, withio 7 days fbllon ing the meeting at which the application was considered rind acted upon by the planning commission. City Code § 34-64(c). Modifications ofproffers acted upon by the planning commission may be made only in accordance with §34-65 of the City Code. . 6. Proffers must clearly articulate the obligations being undertaken by an applicant, and any limitations or timing restrictions attached to those obligations. 7. Proffers may contain provisions relating to the overall density, site characteristics, uses and other aspects of the use and development of the property; however, a PUD applicant may also address these issues within his PUD Development Plan and the narrative associated with that document. 8. If any proffered conditions include the dedication of real property to the City, or the payment of cash to the City ("cash proffers") for facilities that are of a type normally included in a CIP, then the property shall not transfer, nor shall the payment of cash be made, until the facilities for which the property is dedicated or the cash is tendered have been included in the City's CIP. 9. If any proffered conditions include the dedication of real property to the City, or cash proffers, the proffered conditions must provide for the disposition of the property or cash payment in the event the property or cash is not used for the purpose for which proffered. 10. The City may accept proffered conditions that include provisions for timing or phasing of dedications, payments and/or improvements. 11. A proffer should not impose any obligations on the City with respect to the expenditure of public funds or the provision of services or improvements. 12. Once proffers are accepted by the City Council as part of the approval of a rezoning application, those proffers become part of the zoning of a property, which may be changed or amended only by subsequent affirmative action of City Council. 0