22.80.050 Processing procedure.
A. Application. An application for a development agreement shall be filed by the owner or person having control of the real property of the subject property on forms provided by the city.
1. The application shall be accompanied by an application fee pursuant to the city’s current fee schedule as required in Chapter 2.50 AMC and shall include a signed agreement to reimburse the city for fees of the city attorney, city engineer, and any other consultant and for staff time for work performed in relation to the development agreement. The city’s execution of an approved development agreement shall be expressly conditioned upon receipt of the owner’s payment of such fees.
2. The application shall be accompanied by a waiver and release, in a form approved by the city attorney: (a) waiving all processing and decision deadlines for any separate project permit applications submitted with respect to the property subject to the proposed development agreement in accordance with subsection F of this section, and (b) acknowledging and assuming all risks that the development agreement may not be approved by the city council.
B. Threshold Decision. The city council shall make a threshold decision on each application for a development agreement at a regular meeting of the city council. If a majority of the whole council votes to proceed with further review of the proposed development agreement, the agreement shall be processed as described in this section.
C. Recommendation. The public works director shall prepare, or cause to be prepared, a recommendation to the city council on a proposed development agreement. The public works director shall provide the recommendation to the city council at least ten calendar days prior to the public hearing on the proposed development agreement.
D. Public Hearing. Before voting to approve a proposed development agreement, the city council shall hold at least one public hearing. Provided, that any development agreement which includes modifications of development standards under this code shall require a minimum of two public hearings.
E. Approval or Denial. The city council shall approve a development agreement by ordinance adopted by the vote of a majority of the whole city council. Provided, that approval of any development agreement that includes modifications of development standards under this code shall require the affirmative vote of a majority plus one of the whole city council. The ordinance approving a development agreement shall authorize the mayor or designee to execute the agreement on behalf of the city. A city council decision denying a request for a development agreement shall be made by resolution.
F. Concurrent Project Permit Applications. During the pendency of a proposed development agreement, an owner may file an application for any project permit related to the subject property. The city shall accept, review and process such application, but shall not: (1) schedule any required public hearings on such application, or (2) issue a final decision on such application, until at least thirty days following the effective date of the city council’s decision approving or denying the development agreement.
G. The city shall give notice of the meeting at which the city council votes to approve or deny a proposed development agreement, or amendment thereto, and of the public hearing(s) on the proposed development agreement, or amendment thereto, as follows:
1. Not less than fifteen calendar days prior to the public hearing date, a notice of the public hearing shall be sent to property owners within three hundred feet of the property subject to the development agreement and to others who have submitted comments and/or requested notice. Provided, the city may in its sole discretion require that mailed notice be sent to property owners located beyond the three-hundred-foot radius based upon the size and/or location of the property subject to the development agreement, the extent of any modification of development standards authorized under the development agreement, and/or any other relevant factor.
2. Notice of the public hearing shall be posted on the subject property not less than fifteen calendar days prior to the hearing date.
3. Notice of the city council meeting and public hearing shall be published in the city’s official newspaper not less than ten calendar days prior to the meeting or hearing date.
4. All costs associated with the public notice shall be borne by the owner.
5. All notices shall state that the mayor’s recommendation on the proposed development agreement is available for review at the front desk of City Hall and on the city’s website.
H. Any subsequent land use decisions shall be reviewed for compliance with the terms of the development agreement. (Ord. 1172-19 § 3 (Exh. A)).