Development Agreements

Development agreements, commonly referred to as "Statutory Development Agreements", are a regulatory tool that allow the city or county to enter into a contract with another party that provides a timetable for development, conditions of the development agreeable to both the jurisdiction and private party, assurances that regulations will not change over time affecting later development phases of a project, and can allow for a jurisdiction to obtain community benefits, or in other words “…opportunities that are difficult to accommodate within traditional zoning processes.”

Such agreements can work in tandem with UDO provisions and other city and/or county regulations, or in lieu of such regulations. Development agreements can also be approved in coordination, or as part of, a rezoning. However, a development agreement must be consistent with the uses and housing types allowed in the underlying zoning district, and a development agreement cannot reduce environmental protections.

Approval of a development agreement goes through the same process of a zoning map change (or “rezoning”):

Process:

A development agreement may be submitted by a community member, a property owner, or their agent. Approval of a development agreement goes through the same process of a zoning map change (or “rezoning”): 

Presubmittal Meeting

The first step is to request a Presubmittal Meeting with the Growth Management Team. Please note that presubmittal meetings are only valid for 6 months form the time of the meeting to application submittal. You may submit presubmittal documents ahead of your meeting to allow staff to look over your project. Please add the project name, or some type of unique identifier, to each file (ex: 888 Main Street Apartments – Development Agreement Draft). 

Neighborhood Meeting(s)

Once the presubmittal meeting has been held, the next step is to hold a Neighborhood Meeting following the Neighborhood Meeting Guidelines. Please note that neighborhood meetings are only valid for 6 months from the time they are held until application submittal. 

Application Submittal

Once these requirements have been met, a formal Statutory Development Agreements application can be formally submitted by uploading it to the Box.com customer portal. To ensure timeliness and accuracy, please use the most current applications and forms found on the website.  Once the application is submitted, and deemed complete, Planning will initiate the review of the development agreement with other departments. The initial review is 40 business days, and any re-review is 30 business days. Staff will also upload the project to the  Interactive Land Use Tool, so that community input may be collected throughout the lifecycle of the project. 

Public Hearings

After the proposal has been reviewed, and all staff comments are satisfied, the case will be scheduled for a Planning Commission Public Hearing. Public notification is required prior to the hearing for development agreements. Mail out notification is sent to all parcel owners located within 600-feet of the parcels involved in the development agreement. The Planning Commission makes an advisory recommendation to the governing boards on approval. 

After Planning Commission, the Statutory Development Agreement(s) goes to either the City Council, or to the Board of County Commissioners, depending on the jurisdiction, for a public hearing. The governing bodies make the final determination on approval or denial of the Statutory Development Agreement request. 

APPLICATIONS

  1. Development Agreement Application (PDF) 
  2. Owner Acknowledgement Form (PDF) 
  3. Utility Statement Application (Online Form) 

Payment and Submittal Instructions

Payment Portal 

  • Payment Portal
    1. Please be sure to submit separate payments for items 4-Planning and 9-Water Management for the USA.
    2. Use the DSC Fees and Payment Menu., section 12. Development Agreement (page 17) for fees and guidelines.
    3. Save your receipt and payment number to reference in your application. 

Submittal Portal 

Use the portal below to complete your request for a Development Agreement. If the online form is not working, please use the direct Development Agreement or Re-submittal link.