A. Following receipt of a completed application the Director shall cause the application to be scheduled for preliminary discussion at a town council work session held as part of a regular or special town council meeting. The work session discussion may be continued if necessary to complete the Council's preliminary discussion of the proposed development agreement. The Director shall provide an analysis of the anticipated planning impacts of the proposed development agreement, and such other information and analysis as the town council shall require. Upon the conclusion of the town council's preliminary discussion of the proposed development agreement, the Council shall determine whether to: 1) terminate further discussions concerning the proposed development agreement, in which case all proceedings concerning the proposed development agreement shall terminate, or 2) commence proceedings for the approval of the requested development agreement. At any point prior to final action on an ordinance to approve a proposed development agreement the town council may, in its discretion, refer the matter to the Planning Commission for its review and comment. If so referred, the proposed development agreement shall be reviewed by the Planning Commission as provided in subsection B of this section. If a proposed development agreement is referred to the Planning Commission, the town council shall not take final action on an ordinance to approve a proposed development agreement until it has received and considered the recommendation of the Planning Commission. (Ord. 1, Series 2019)

B. If so directed by the town council, the Director shall cause the matter of the proposed agreement to be scheduled for initial review by the Planning Commission at a Planning Commission work session held at a regular or special Planning Commission meeting. The Planning Commission review may be continued to one or more subsequent work sessions if necessary in order to permit the commission to complete its review. Review of the application for approval of the development agreement shall be commenced within thirty (30) days following the town council's referral as described in subsection A of this section, and completed by the Planning Commission within sixty (60) days after the first work session review. Upon completion of its review, the Planning Commission shall make a recommendation of approval, conditional approval, further study or denial of the application to the town council.

C. A development agreement shall be approved by a nonemergency ordinance adopted by the town council in accordance with the procedures set forth in section 5.10 of the town charter. If such ordinance is rejected by the town council at first reading, the procedures for approval of the development agreement shall terminate. If the ordinance is approved on first reading, a public hearing shall be scheduled on the ordinance as required by subsection 5.10(d) of the town charter. The adoption of an ordinance approving a development agreement is a legislative matter subject to referendum as provided in section 24-68-104(2), Colorado Revised Statutes, but is quasi-judicial for the purpose of prohibited ex parte contacts with town council members. (Ord. 17, Series 2007)

D. In addition to the notice required by subsection 5.10(d) of the town charter, notice of the required public hearing shall be given in the same manner as is required for a final hearing on a Class A development permit application pursuant to chapter 1 of this title. (Ord. 3, Series 2011)