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.
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”):
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.
- Development Agreement Application (PDF)
- Owner Acknowledgement Form (PDF)
- Utility Statement Application (Online Form)
Payment and Submittal Instructions
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.