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Section 1203.11    Development Agreements

  1. 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 of this Code, and the approval procedures set forth in this Section.

  2. 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.

  3. 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 of this Chapter, 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 Section 1203.11(d) below.

      If the PC recommends approval of an application with conditions, before
      proceeding to Step 5, City Council Review and Action, the applicant shall
      resubmit to the PC a revised development agreement that reflects any
      changes or modifications required or suggested by the PC in its initial
      review. Within sixty (60) days of receipt of the revised development
      agreement, the PC shall complete its review and take action by
      recommending to the City Council that the application and development
      agreement as revised either be approved with the prior conditions in place or
      denied.

    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 (30) 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 (20) days of said public
      hearing.

  4. Standards for Review
    All applications for development agreements shall demonstrate compliance with the
    requirements set forth in Chapter 1209, and the review standards set forth in Section
    1204.06 of this Code.

  5. Effect of Approval
    1. Recordation Required. No later than ten (10) 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 (10) 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 Chapter 1209, Section 1209.04, "Governing Ordinances, Rules,
      Regulations, and Policies."

  6. Applications
    Applications for development agreements shall be submitted to the City Manager
    upon such forms as approved by the City Manager.

  7. Submittal Requirements
    See Appendix A for submittal requirements for applications for development
    agreements.

  8. 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.