§ 3.12.3. Procedure and approval criteria.

A.

Decision-Making Body. The City Council shall be the Decision-Making Body on Development Agreements which grant Early Vested Rights or extend Vested Rights created by a Site Specific Development Plan, and may, in its discretion, review all other Development Agreements.

B.

Review Considerations. In reviewing proposed Development Agreements, a Decision-Making Body should consider the Approval Criteria for the development application and the following additional factors, as applicable:

1.

Whether the benefit of the Development Agreement to the City outweighs its costs;

2.

Whether the Development Agreement is required to mitigate impacts that would otherwise make the proposed development unacceptable or to ensure that any conditions imposed upon the development application approval will be satisfied;

3.

Whether the City has received adequate assurances that the development will go forward as planned in return for any vesting of property rights beyond the three-year vesting period set forth in C.R.S. § 24-68-101 et seq.;

4.

Whether the Development Agreement adequately incorporates conditions imposed as part of a related development approval; and

5.

Whether the factors for consideration of an Early Vested Right (§ 3.23.11 B) have been met.