(A) The consideration of a development agreement by the Commission and Council shall be considered a legislative matter and may not be combined with consideration of any administrative matter including subdivision applications for single family dwellings, two-family dwellings, or townhomes. Development agreement review for other subdivisions, including cluster, planned unit development, multifamily, commercial, and industrial, may be submitted and considered in one application.
(B) The Commission, in formulating a recommendation, and the City Council, in making a final decision, shall find that substantial evidence has been presented related to the development agreement.
(C) At a regular public meeting(s), the Commission shall consider the proposed development agreement and all other materials and information presented and shall make a recommendation to the Council.
(D) At a regular public meeting(s), the Council shall consider the Commission’s recommendation and all other information and materials presented and shall approve or deny the proposed development agreement, with or without revisions and requirements, and with necessary findings. If approved, the Mayor, acting as the authorized representative of the Council, and all legal and equitable property owners shall sign the development agreement, as approved by the Council.
(E) Within 14 calendar days of Council approval, the development agreement shall be executed and signed by the Mayor and all legal and equitable property owner(s). The executed development agreement shall be recorded in the office of the County Recorder, such recorded development agreement constituting a land use document of the city.
Development Agreement Procedures
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Step 1 | An applicant may initiate a development agreement procedure with the city by submitting required materials (§ 155.182) to the Department separately from any pending or proposed subdivision application. | Department determines application incomplete | |
Step 2 | Once the department has determined the submission materials complete, the agreement proposal is reviewed by city staff for compliance with applicable Land Use Ordinances and regulations. Staff comments are provided to the Commission and Council for consideration. | An applicant has 30 days from time of the Departments written notice of decision to submit missing materials and fees. If the application remains incomplete, fees and materials submitted to the Department are returned to the applicant, and the application is no longer considered. | |
Step 3 | The Commission must conduct a public meeting to consider the proposed development agreement. Following the consideration, the Commission shall recommend to the Council an approval, an approval with revisions, or denial of the agreement. | ||
Step 4 | The Council shall hold a public meeting before considering the agreement proposal. After the receipt of a recommendation from the Commission, the Council shall consider the agreement at a regularly schedule Council meeting. | ||
Step 5 | The Council may approve, approve with revisions, or deny development agreement proposal. If the agreement is approved, it must be executed and signed by the Mayor and all legal and equitable property owners within 14 days. Approved and signed development agreements shall be recorded in the Office of the Box Elder County Recorder. | ||
(Prior Code, § 25.09.040) (Ord. 20-03, passed 3-19-2020; Ord. 24-03, passed 2-1-2024)