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- Statutory Development Agreements
Statutory Development Agreements
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”):
The first step is to request a Presubmittal Meeting with the Land Use Team. Land Use Visioning Meetings are a chance to get guidance on a project that is not yet determined, or to talk about Planning’s future vision for an area, or when the applicant is not close to application submittal. These do not count towards presubmittal meeting requirements. Land Use Presubmittal Meetings are to discuss the project once it is ready to move forward towards application submittal. These DO count towards presubmittal meeting requirements. Please note that presubmittal meetings are only good for 6 months from the time they are held until application submittal.
Once this meeting has been held, the next step is to hold a virtual Neighborhood Meeting following the Neighborhood Meeting Guidelines. Please note that neighborhood meetings are only good for 6 months from the time they are held until application submittal.
Submit Zoning Map Application
Once these requirements have been met, a formal Statutory Development Agreements application can be formally submitted 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 staff have deemed the application complete, Planning will initiate the review of the zoning map change with other departments. The initial review is 40 business days, and any re-review is 15 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.
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 all zoning map change requests. Mail out notification is sent to all parcel owners located within 600-feet of the parcels requesting a zoning map change. Signs are posted on all street frontages of the parcels to be rezoned, and the application request is posted in the local newspaper. 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. Public notification is required prior to the hearing for all zoning map change requests. Mail out notification is sent to all parcel owners located within 600-feet of the parcels requesting a Statutory Development Agreement(s). Signs are posted on all street frontages of the parcels to be rezoned, and the application request is posted in the local newspaper. The governing bodies make the final determination on approval or denial of the Statutory Development Agreement(s) request.
As with a rezoning request, an individual interested in a development agreement with the city or county must first have a presubmittal meeting with staff to go over the proposal and review the process and procedures. After such a meeting, the individual can decide whether or not to submit an application for approval of a development agreement
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