After an application for rezone has been received by the zoning administrator, a request to enter into a development agreement for that parcel may be submitted by the rezone applicant; or a development agreement may be required by the city council at the city council's rezone hearing, or may be required by the city council upon recommendation from the planning and zoning commission following the planning and zoning commission's rezone hearing.
A. In the event of a recommendation by the planning and zoning commission that a development agreement should be entered into, the rezone shall be forwarded to the city council with a recommendation that the requested rezone be denied or that it be remanded to the planning and zoning commission, with the city council requiring an application for a development agreement to be submitted by the applicant. If, however, the applicant agrees to submit an application for a development agreement, then the planning and zoning commission shall defer its recommendation to the city council on the rezone application until a public hearing is held on the development agreement application. After the public hearing on the development agreement application is held, the planning and zoning commission shall forward its recommendation on both the rezone and development agreement requests to the city council.
B. In the event of a determination by the city council that a development agreement should be entered into, the city council shall remand the matter back to the planning and zoning commission, with the city council requiring an application for a development agreement to be submitted by the applicant, unless the applicant has already done so and a public hearing was held under subsection A of this section. The city council shall, upon remand, direct the planning and zoning commission on the specific issues to be addressed by the development agreement. The planning and zoning commission shall then proceed as specified in this section.
C. In the event a developer seeks to enter into a development agreement, the developer's application for a development agreement shall be taken to the planning and zoning commission at the time of the scheduled rezone hearing. The planning and zoning commission shall, following consideration of the rezone and development agreement applications, forward its recommendation to the city council regarding each of the applicant's requests. (1984 Code § 5-9-2)