Item:
Title
Unified Development Ordinance Text Amendment, Development Agreements (TC200003) (45min)
Body
Date of BOCC Meeting: September 28, 2020
Request for Board Action:
Agenda Text
The Board is requested to conduct a public hearing and receive public comments on the Unified Development Ordinance Text Amendment, Development Agreements (TC2000003), and consider the following motions:
First Motion: Adopt the appropriate Statement of Consistency pursuant to NCGS ?153A-341; and
Second Motion: Adopt an ordinance amending the Unified Development Ordinance, incorporating revisions to amend Article 1, General.
Summary. Development agreements, as allowed by NCGS 160D Article 10 Development Agreements (formerly NCGS ? 160A-400.20 through 400.32 (for municipalities) and 153A-349.1 through 349.13 (for counties)), authorize a city or county to enter into a contract with a person or entity that specifies development requirements, standards, and conditions that will govern the development of a property (see Attachment A for full statute). A development agreement can work in tandem with zoning requirements or in lieu of zoning requirements. The Unified Development Ordinance (UDO) prohibited such agreements until the prohibition was removed in 2016. Although the text prohibiting development agreements was removed, no text was added stating that they are affirmatively allowed. The proposed amendment adds an affirmative statement, limitations on development agreements, and process.
Attachments:
Attachment A: Development Agreement statutory authority (NCGS Chapter 160D Article 10 Development Agreements)
Attachment B: Statement of Consistency Pursuant to NCGS ? 153A-341
Attachment C: An Ordinance to Amend Provisions of the Unified Development Ordinance Regarding Development Agreements (TC2000003)
Attachment D: Planning Commission comments
Alignment with Strategic Plan: The text amendment emphasizes Goal 4 (Community Prosperity) by offering fair and reasonable regula...
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