Development Agreements (TC-9-21)
Development Agreements (TC-9-21)
This text change creates a new section in Art. 10.2. of the Unified Development Ordinance (UDO) that incorporates the process for reviewing and approving development agreements as authorized in 160D Article 10 of the N.C. General Statutes.
>> Read the Development Agreements (TC-9-21)
Background information and Current Rules:
In 2005, the North Carolina General Assembly enacted Part 3D of N.C. Gen. Stat. 160A, Art. 9 that authorized municipalities and counties to enter into agreements with private property owners that vest developer’s rights subject to the terms and conditions specified in the agreements. The purpose of a development agreement is to facilitate multi-phased, often larger-scaled, development projects that involve the implementation of capital improvement public infrastructure projects.
In 2019, the General Assembly enacted N.C. Stat. 160D, and Article 10 governs Development Agreements. The new statutes expand options for development agreements by, among other things, removing the minimum acreage requirement, allowing development agreements for smaller projects, and allowing the provisions to be incorporated into zoning conditions. While 160D makes development agreements available to the City without incorporating them into the UDO, by doing so, in addition to providing visibility, the local ordinance may include additional provisions not otherwise covered by 160D.
To date, the City of Raleigh has not entered into any development agreements as originally authorized in 2006 or subsequent to the adoption of 160D. There is now an increased interest by the City Council and private property owners to use development agreements to address issues unique to larger-scaled, multi-phased development projects requiring implementation of capital improvement public infrastructure.
Proposed Text Change:
- The proposed text change incorporates statutory development agreements into the UDO.
- The proposed text change establishes procedures for the review and approval of development agreements.
- The proposed text change establishes that development agreements may be incorporated into rezoning or TCZ (zoning condition text change) applications, and if so, the development agreement review procedure would be the same as the rezoning review process including, but not limited to, neighborhood meetings and Planning Commission review.
- The proposed text change also sets out the minimum requirements for development agreements, including, but not limited to identifying the specific adopted plan or adopted CIP project that will be included in the proposed development.
Public Meeting Schedule: This text change will likely be scheduled for discussion at the Planning Commission in Fall 2021. We will be collecting comments here through July 23, 2021. Comments after this date should be submitted directly to the Planning Commission via email at planning.commission@raleighnc.gov.