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A. Agreement not associated with a land use application. If a development agreement is not proposed in conjunction with a Type II, III or IV land use application under Chapter 20.210 VMC, the development agreement shall be presented to City Council at a public hearing for approval by ordinance or resolution pursuant to the public hearing procedures of Section 20.210.120 VMC.

B. Agreement associated with a Type II, III or IV land use application. If a development agreement is proposed in conjunction with a Type II, III or IV land use application under Chapter 20.210 VMC, Decision-Making Procedures, the development agreement shall be presented to City Council at a public hearing for approval by ordinance or resolution, after approval of the Type II or III application or after Planning Commission action on a Type IV application. The review body for the Type II, III or IV application shall not make a final decision on that portion of the application related to the development agreement but shall make a recommendation of approval or denial of the development agreement to City Council. If no appeal is filed on the underlying land use application, the Planning Official shall send written notice of the public hearing at least 10 days prior to City Council consideration of the development agreement to all parties entitled to a Notice of Decision for the applicable application under Section 20.210.050(I) VMC or 20.210.120(B)(11) VMC.

1. Appeal. As an exception to the appeal procedures of Section 20.210.130 VMC, any appeal of a Type II or III application processed together with a development agreement shall be heard by the City Council in conjunction with Council’s consideration of the development agreement. Notice of the appeal hearing shall be sent to all persons entitled to notice of the appeal hearing under Section 20.210.130 VMC.

2. Further appeals. Further appeals after final action by City Council of a Type II or III application processed in conjunction with a development agreement shall be governed by Section 20.210.130(D)(1) VMC. Further appeals, after final action by City Council of a Type IV application processed in conjunction with a development agreement shall be governed by Section 20.210.130(D)(1) VMC. (Ord. M-3643, 01/26/2004)