(A) Process: Upon receipt of an application for development agreement, the City Clerk or the Zoning Administrator shall work with the applicant to prepare a development agreement. The development agreement shall include the requirements as set out in subsection 11-22-7(C) of this chapter and any other information which, in the discretion of the City Clerk or the Zoning Administrator, would address the concerns for the development. Such concerns addressed may include, but shall not be limited to, density, bulk, site design, mitigation of impacts on the surrounding neighborhood, appearance, provision of utilities or public facilities and restrictions on use. The draft of the development agreement shall be reviewed by the City Attorney and City Engineer as to form prior to being sent to the Planning and Zoning Commission.
(B) Approval Of A Development Agreement:
1. The Planning and Zoning Commission shall hold a public hearing on the draft development agreement and the rezone request, and make recommendation to the Council. The Commission may recommend approval or denial and may recommend the addition of conditions, terms, duties or obligations to the development agreement.
2. The Council shall hold a public hearing on the draft agreement and the rezone request, and shall review the recommendation from the Planning and Zoning Commission. The Council may approve, deny, or may add conditions, terms, duties or obligations to the development agreement. Approval or denial of development agreements shall be at the sole discretion of the Council.
3. Upon approval of a development agreement or any modification submitted by the Council or the applicant, said approval shall be recorded at the expense of the applicant and prior to the rezone approval. Proof of recording must be submitted by the applicant prior to the passage of the rezone ordinance by the City Council. The development agreement, or any modification thereto, and all conditions, terms, duties or obligations included therein, shall run with the land and shall be considered continuing obligations of the owner, co- owners, subsequent owners and each other person acquiring an interest in the property. An owner, co-owner, each subsequent owner or other person acquiring an interest in the property which is restricted by a development agreement or modification adopted pursuant to this Section, shall comply with the terms, conditions, obligations and duties contained in the development agreement or modification. (Ord. 235, 3-3-1997)