(a) A request for a development agreement may be initiated by a developer, by the city or, for State developments, by the State, by submitting an application and a preliminary proposal of the substance of the agreement to the designated agency. Within 30 days after receipt of the application, the designated agency shall publish notice of the substance of the proposed development agreement at least once in a newspaper of general circulation in the city and forward copies of the application to all affected agencies and neighborhood boards. As used in this section, “affected neighborhood board” means a neighborhood board whose geographic area contains all or any portion of the proposed development. Any affected agency, affected neighborhood board, or interested person shall make any comments on the application to the designated agency within 45 days of the date of the public notice.
(b) The designated agency shall review all comments and hold a public hearing within 30 days of the expiration of the public comment period provided for in subsection (a). At the public hearing, the designated agency shall afford all interested persons an opportunity to testify on the proposed development agreement and shall recommend appropriate action to the council within 10 days of the completion of the public hearing. The public hearing may be held at the same time as public hearings held for related purposes. The designated agency may conduct more than one public hearing, if the agency deems it warranted. If more than one public hearing is deemed warranted by the designated agency, the 30-day limit may be extended by the designated agency for up to 30 days for each additional hearing conducted. The designated agency may adopt rules relating to its procedures for the processing of development agreement applications.
(c) The council shall review the proposed development agreement and the recommendations thereon from the designated agency, hold a public hearing, and, by resolution, accept, modify and accept as modified, or reject the development agreement. The council’s public hearing may be held at the same time as other public hearings of the council. In addition to other notice requirements prescribed by law for the public hearing, notice of such public hearing shall be given to any affected neighborhood board, and may, but need not, be given to any other affected community organization.
(d) When appropriate, a development agreement may be processed in conjunction with a proposal for the rezoning of or the issuance of a discretionary permit for all or a portion of the land that is the subject of the development agreement. The processing of the development agreement shall not preclude the imposition of conditions in connection with the rezoning pursuant to § 21-2.80.
(1990 Code, Ch. 33, Art. 1, § 33-1.7) (Added by Ord. 96-09)