(B) Planning Commission recommendation. The Planning Commission shall conduct a legislative public hearing and shall make a report and recommendation to the city by the affirmative vote of at least a majority of its voting members, as follows:
(1) The development agreement be adopted as proposed;
(2) The development agreement be adopted with modifications, as proposed by the Planning Commission; or
(3) The development agreement be denied. Any action taken by the Planning Commission shall be by resolution.
(C) Failure of Planning Commission to approve. If the Planning Commission fails to recommend approval or approval with modifications of the requested development agreement, no further action shall be taken on the application unless, within ten days of the public hearing on the matter by the Planning Commission, the applicant files with the Planning Commission a request for consideration of the matter by the city. If such a request is timely filed with the Planning Commission, the request shall be forwarded to the City Clerk/Finance Director for placement of the item on the city agenda of the next regularly scheduled meeting for a public hearing.
(D) City Council public hearing.
(1) Upon receipt of the notice of action by the Planning Commission or request for a public hearing by the applicant, the City Clerk/Finance Director shall thereupon set the matter for a public hearing before the city, giving notice of the time, place and purpose of such hearing in the same manner and in the same terms as provided in §§ 153.0530 through 153.0533 of this chapter. The city shall consider the proposed development agreement at the public hearing on the date set for said hearing or on the date or dates to which such hearing may be continued from time to time by the city.
(2) The city may:
(a) Approve the development agreement as recommended by the Planning Commission;
(b) Approve the development agreement with modifications; or
(c) Reject the development agreement as recommended by the Planning Commission, in whole or in part, and take such further action as it deems to be in the public interest. Any such action shall be taken by the affirmative vote of at least a majority of the voting members of the city.
(E) Ordinance. The city may approve such agreement by ordinance. The city’s action shall be final and conclusive.
(F) Execution of development agreement. If approved by the city, the development agreement shall become effective upon execution by the city, acting by and through the Mayor or chief executive, by the applicant, and by any other parties to the development agreement.
(Ord. 3020, passed 9-10-2013, § 4.55.6)