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(a) Applicability. Development agreements may be approved for residential or nonresidential projects proposed in any district, subject to the requirements and standards set forth in Chapter 1209 , and the approval procedures set forth in this section.
(b) Consolidation with Rezoning, Subdivision, or Planned Development Approval. The applicant may consolidate an application for development agreement approval with an application for a rezoning, subdivision, or planned development approval. Such consolidated application shall be submitted in a form that satisfies both the rezoning, subdivision, or planned development requirements of this Code and the provisions, including submittal requirements, governing development agreements. The time frame and approval process for a consolidated application shall follow the time frame and approval process set forth in this section.
(c) Procedures for Approval of a Development Agreement. Applications for approval of a development agreement shall follow the core development approval process set forth in Section 1203.02 , except for the following modifications:
(1) Step 4: Planning Commission Action. The PC shall hold a public hearing at which it shall review a proposed development agreement and application and make a recommendation to the City Council to either approve, approve with conditions, or deny the application based on its compliance with the standards set forth in division (d) of this section.
(2) Step 5: City Council Action. City Council shall initiate action by completing a first reading of the applicant's final development agreement and application, in ordinance form. Within thirty days of the completed first reading, the City Council shall hold a public hearing and take final action on the development agreement and application, based on its compliance with the standards set forth in Section 1204.06 , within twenty days of said public hearing.
(e) Effect of Approval.
(1) Recordation required. No later than ten days after the City and developer executes a development agreement, the Clerk of Council shall record with the Summit County recorder a copy of the agreement, which shall describe the land subject thereto. Any modification or subsequent termination or cancellation of the agreement shall be recorded by the Clerk of Council no later than ten days after such action.
(2) Binding on successors in interest. The burdens of the development agreement shall be binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties of the development agreement.
(3) Vesting. See Section 1209.04 , Governing Ordinances, Rules, Regulations, and Policies.
(f) Applications. Applications for development agreements shall be submitted to the City Manager upon such forms as approved by the City Manager.
(g) Submittal Requirements. See Appendix A for submittal requirements for applications for development agreements.
(h) Modifications of Development Agreements. All modifications of a development agreement are subject to Section 1209.08 , Modifications and Termination, and shall be processed in accordance with the same procedure for entering into a development agreement, as set forth in this section.
(Ord. 16-148, § 5. Passed 2-21-17; Ord. 18-93. Passed 10-15-19.)