The purpose of this section is to clarify the authority and
procedures for City Council consideration of Development Agreements
authorized by ORS Chapter 94 outside the land use process.
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The City Council may establish a Development Agreement between
the City and any person having a legal or equitable interest in real
property for the development of that property. Development Agreements
that do not include a development application are not governed by
the City’s Development Code and may be established in any manner
deemed appropriate by the Council, consistent with the Council’s
authority under the City’s Charter. Development Agreements that
contain a development application are governed by this section. The
following include but are not limited to situations that may require
a Development Agreement as described by this section:
(A)
Multiple party or partnership situations;
(B)
Large infrastructure requirements;
(C)
Timing issues;
(D)
Litigation;
(E)
Urban renewal.
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Development Agreements governed by this section may be initiated
by the Council on its own motion or in response to a request by City
staff, following consultation with any person having a legal or equitable
interest in the property that is the subject of the proposed Development
Agreement. Neither City staff nor the Council are required to proceed
with consideration of a request for a Development Agreement.
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Negotiations between the parties to a Development Agreement
must commence upon a request by the City Council to identified City
staff to establish a Memorandum of Understanding (MOU) regarding the
anticipated scope of the Development Agreement.
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The provisions of ORS 94.504 through 94.528 must be followed
in the adoption of a Development Agreement under this section. Once
a preliminary agreement is reached between the parties, the owner
or owners of the property that is the subject of the Development Agreement
must submit an application to the Director for adoption of the Development
Agreement and for any development application requested in connection
with the Development Agreement.
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Notwithstanding any other provision of this code to the contrary,
the City Council is the Hearings Authority for a Development Agreement.
The Council may appoint the Planning Commission to serve as the Hearings
Authority for specific development applications associated with a
proposed Development Agreement, prior to the final decision on the
Development Agreement as a whole. In that event, the Council must
establish a schedule for such decisions, and must consider, but will
not be bound by, such decisions.
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