18.114.040 Processing procedure for development agreements.
A proposed development agreement shall accompany and be processed in conjunction with the associated underlying land use application, approval, or annexation request. The type of land use application or other approval shall control the type of application set forth in CMC 14.30.040.
(1) A proposed development agreement associated with a legislative action, such as a Comprehensive Plan amendment or area-wide rezone, shall be processed in accordance with the procedures established in this title and pursuant to the noticing requirements set forth in CMC 14.30.060. The Planning Commission shall make a recommendation to the City Council on any proposed development agreement relating to legislative action. The City Council shall hold a public hearing on the proposed development agreement and, if approved, shall authorize the City Manager to execute the development agreement on behalf of the City.
(2) A proposed development agreement associated with a land use application shall be processed in accordance with the permit application procedures established in Chapter 14.35 CMC and as further provided in this title as follows:
(a) If the underlying land use application is a Type 2 final decision by the Director, then the Director shall consider both the land use application and the proposed development agreement together. The Director shall make a recommendation to the City Council on the proposed development agreement. The Director’s final decision on the underlying land use application shall not be made until the City Council holds a public hearing on the proposed development agreement and subsequently approves or rejects the proposed development agreement. If the City Council approves the development agreement, the City Council shall authorize the City Manager to execute the development agreement on behalf of the City. Nothing in this section obligates the Director to forward a recommendation to the City Council for further consideration of a proposed development agreement if the Director denies the underlying land use application.
(b) If the underlying land use application is a Type 3 final decision by the Hearing Examiner, then the Hearing Examiner shall consider both the land use application and the proposed development agreement together during the required public hearing for a Type 3 land use application. The Hearing Examiner shall make a recommendation to the City Council on the proposed development agreement. The Hearing Examiner’s final decision on the underlying land use application shall not be made until the City Council holds a public hearing on the proposed development agreement and subsequently approves or rejects the proposed development agreement. If the City Council approves the development agreement, the City Council shall authorize the City Manager to execute the development agreement on behalf of the City. Nothing in this section obligates the Hearing Examiner to forward a recommendation to the City Council for further consideration of a proposed development agreement if the Hearing Examiner denies the underlying land use application.
(c) If a final decision on an underlying land use application has been previously made by the Hearing Examiner or Director, and the application was approved, the Director shall make a recommendation to the City Council on the proposed development agreement. The City Council shall hold a public hearing on the proposed development agreement. If the City Council approves the development agreement, the City Council shall authorize the City Manager to execute the development agreement on behalf of the City.
(3) Public Notice. All public meetings and public hearings on a development agreement shall be noticed pursuant to underlying land use type as set forth in Chapter 14.40 CMC. (Ord. 06-13 § 1 (Exh. A))