Sec. 655.206. - Development agreement application procedures.

(a) Mandatory concurrency review. Prior to submitting an application for a development agreement associated with proposed development, the proposed development shall first undergo concurrency review, pursuant to the procedures set forth in Section 655.111 (c), Ordinance Code. (b) Memorandum of Agreement. A Memorandum of Agreement pursuant to Section 655.111 (b)(5)(iv), Ordinance Code, shall be executed by the applicant and submitted to the Director, together with the receipt from the Tax Collector indicating payment of the required fee, prior to the expiration of the CCAS or CRC. Required time frames and written instructions for proceeding with the development agreement proposal shall be distributed with copies of the fully executed Memorandum of Agreement. (c) Pre-application conference. Prior to filing an application for a development agreement, an applicant shall request a pre-application conference. In the case of a development agreement associated with a proposed development, a pre-application conference shall be held within 14 days of the effective date of the Memorandum of Agreement. At this conference, a receipt indicating payment to the Tax Collector of the appropriate development agreement fee pursuant to Section 655.209 , Ordinance Code, shall be filed with the CMMSO. The Director will determine the appropriate City or other governmental entity whose staff assistance will be required, and will issue a written request to each affected agency or department head or division chief, who shall send a representative to attend the conference. At the conference, the following items shall be discussed: (1) Information and/or actions necessary to bring the application into conformity with these regulations or other regulations applying generally to the property involved and/or to define specifically other information and/or actions essential to the preparation of the proposed development agreement; (2) Any other applications for development approval that might be filed with the proposed development agreement; (3) Other jurisdictional agencies that need to become a party to the proposed development agreement; (4) Any known Level of Service (LOS) or other compatibility issues which need to be addressed. (d) Development agreement application. The development agreement application shall be filed with the CMMSO, together with the required number of copies determined necessary by the CMMSO within ten days from the date of the pre-application conference. The CMMSO shall review the application for sufficiency within five working days of the filing date. If the application is determined to be insufficient by the CMMSO, or if any of the City or other governmental entity staff representatives request additional information, the proposed development agreement application timing shall be tolled pursuant to Section 655.111 (b)(5)(iv) Ordinance Code, and the CMMSO shall notify the applicant in writing of the insufficiency or request for additional information. The insufficiency or request for additional information shall be cured or addressed within ten days from the date of mailing of the written notice. The applicant's failure to cure the insufficiency or furnish the additional information within the ten-day period shall result in the cancellation of the proposed development agreement review process and shall cause the subsequent release of any reserve priority capacity being held by the CMMSO for the proposed development. Upon making a determination that the application is sufficient, the CMMSO shall accept the application, stamp that date on the application and distribute copies of the application to all appropriate City or other governmental entity staff representatives. (e) Comments and recommendations concerning the development agreement application. Each City or other governmental staff representative whose assistance is requested by the Director shall forthwith review the development agreement application, and shall transmit their comments and recommendations concerning the application to the CMMSO no later than 21 days from the application acceptance date. (f) CMMSO preliminary report. The CMMSO shall compile and distribute its preliminary report concerning the application, incorporating the reports of each City or other governmental staff representative into same, and allowing for any changes requested by the applicant in the application since the application acceptance date, no later than 31 days therefrom. No amendments to the application shall be accepted from the applicant after the CMMSO preliminary report is issued. (g) Department recommendation. Prior to the public hearing by the appropriate committee of reference, the Department shall make a written recommendation to the City Council. The recommendation of the Department shall be advisory only and shall not be binding upon the City Council. (h) Council committee public hearing; City Council public hearing . The Department written recommendation regarding the development agreement shall be transmitted to the City Council prior to the public hearing held by the appropriate committee of reference. The applicant shall have the right, prior to the close of the public hearing, to respond to contentions advanced as part of any testimony or other evidence presented during the public hearing. After the close of the public hearing, the City Council, in the exercise of its legislative discretion, may approve the proposed development agreement, approve the proposed development agreement with amendments, or disapprove the proposed development agreement. If amendments, other than proposed Department amendments, are proposed for the Council's consideration, such amendments shall be either prepared by or reviewed by the Office of General Counsel and approved as to both form and legality prior to being submitted to the City Council for consideration. (Ord. 93-120-111, § 1; Ord. 2002-714-E, § 3; Ord. 2011-536-E, § 1) Note— Former § 655.207 . See editor's note, § 655.204 .