1. An application for a development agreement seeking to delay certain improvement requirements of this Code (including any manuals adopted by reference by this Code) or any other provisions of the City Code of Ordinances in order to present an alternative plan for development that could not otherwise be accomplished under this Code or the Code of Ordinances may be filed in accordance with the terms and conditions of this Section.

2. This Section shall apply to any new agreement and any amendments thereto, as well as to any Amendments to an existing development agreement, agreements regarding Municipal Utility Districts or any other special districts.

3. Any property subject to a development agreement shall be required to obtain a building permit and certificate of occupancy.

1. Initiation of a development agreement or an amendment may be made upon:

a. Application of a property owner or their authorized agent;
b. Recommendation of the City Council;
c. Recommendation of the Planning and Zoning Commission or appropriate board or commission; or
d. Recommendation of the Director of Planning or City Engineer.
 

2. Completeness Determination. Applications shall be subject to 3.02.01. Applicability, Completeness, and Expiration.

3. Staff Review.

a. Applications shall be reviewed by a Development Agreement Committee ("Committee") which shall be designated by the Director of Planning at the time of application to determine the necessary staff for the particular application. The Committee will be established based on the functional areas needed in order to appropriately respond to the request being considered. The Committee may consist of the City Engineer, City Attorney, Finance Director, Director of Planning, their designees or any other staff assigned to the Committee.
b. The Committee shall review the application, consider the Approval Criteria, and assign a Responsible Official to lead the review and prepare a report to the Planning and Zoning Commission or appropriate board or commission and City Council.
c. The Director of Planning may establish procedures for administrative review necessary to ensure compliance with this Code and State statute.
d. The Responsible Official’s report may include a recommendation for final action.
 

4. Public Notice. Public Notice, in the form of Written Notice, Published Notice, and Posted Notice (see 2.10.04.C. Types of Notice), shall be required per the notice provisions of this Code, unless the agreement or amendment thereto is determined by the Committee to be minor, inconsequential, or otherwise unnecessary for public notice and public hearings. If notice is required, the Committee shall determine the location and the extent of the notice based on the type and effect of the proposed amendment.

5. Board or Commission Review. The Planning and Zoning Commission or other appropriate board or commission, shall hold a Public Hearing, unless determined unnecessary by the Committee, and make a recommendation to the City Council.

6. City Council Final Action.

a. The City Council shall hold a Public Hearing, unless determined unnecessary by the Committee, and may take final action on the proposed Development Agreement or amendment.
b. The Development Agreement or amendment shall become effective in the manner provided by the City Charter or State Law.
c. All outstanding application, staff, and legal fees must be paid in full to the City prior to the adoption of the agreement or amendment.

1. The proposed agreement promotes the health, safety, or general welfare of the city and the safe orderly, and healthful development of the city.
2. The proposed agreement is consistent with the Comprehensive Plan.