§ 134-297. Development agreement procedures.

(a)

Submission of development agreement packages; fees.

(1)

Applications requesting consideration by the county of a developer's proposed or amended development agreement shall be submitted on such forms as may be provided by the county. In addition to the information required by section 134-294 which can be provided, the county may require an applicant to submit such information as is reasonably necessary to process and fully consider the application.

(2)

Application packages shall be accompanied by such fees and charges as may be imposed by the board of county commissioners, or its designee, for proper filing and processing.

(3)

Payment of application fees, submission of applications, engineering plans, surveys, or any other expenditures shall not vest any rights to complete development or to obtain any requested zoning or land use classification amendments.

(b)

Negotiation of development agreements.

(1)

The county administrator and staff personnel shall review the developer's application package and negotiate such further terms and conditions as the county administrator shall deem to be appropriate and necessary to protect the public's interest, safety, health or welfare.

(2)

Once a tentative agreement has been reached as to the terms and conditions of a development agreement, or further negotiations are not anticipated or will not reach a consensus on the development agreement's terms or conditions, the county administrator and staff personnel shall draft a report, including any recommendations, for consideration by the local planning agency at a properly noticed public hearing.

(3)

The local planning agency shall review the proposal and make their findings and recommendations, receive public testimony, and make their recommendation at the public hearing, which will be subsequently considered by the board of county commissioners at a public hearing.

(4)

The existence of a tentative agreement, staff report or recommendation shall not be sufficient governmental acts upon which reliance may be placed, such that further expenditures by a developer would vest any right to continue development; nor shall such actions constitute partial performance entitling the owner to a continuation or extension of the development agreement.

(c)

Adoption, amendment, extension, modification, revocation and cancellation procedures.

(1)

Following such notice and public hearings as may be otherwise required, the board of county commissioners, by majority vote, may act to adopt, amend, extend, modify, revoke, or cancel any proposed or existing development agreement.

(2)

Where mutual consent is required by law, the board of county commissioners may act to authorize such consent prior to all other parties so doing only upon the condition that the act is not complete or official until a binding agreement is contemporaneously signed by the board's chairperson and the representatives of all other parties.

(Ord. No. 18-36 , § 3(Att. A), 10-23-18)