Agenda Item Title
Title
City Attorney presenting an amendment to the Land Development Code regarding development agreements.
Body
Presenter
Presenter
Rob Wall
Body
Description/Background:
During discussion of previous development applications requesting a rezone of property, the Council has discussed the use of development agreements. The attached proposed ordinance was provided to the Council in a previous discussion.
Applicable Statute/Rule/Policy/Guideline/Goal:
Utah Code Annotated 10-9a-102 provides general land use authority to the city. Section 10-9a-102(2) contemplates the use of development agreements:
"To accomplish the purposes of this chapter, municipalities may enact all ordinances, resolutions, and rules and may enter into other forms of land use controls and development agreements that they consider necessary or appropriate for the use and development of land within the municipality, including ordinances, resolutions, rules, restrictive covenants, easements, and development agreements governing uses, density, open spaces, structures, buildings, energy efficiency, light and air, air quality, transportation and public or alternative transportation, infrastructure, street and building orientation and width requirements, public facilities, fundamental fairness in land use regulation, considerations of surrounding land uses and the balance of the foregoing purposes with a landowner's private property interests, height and location of vegetation, trees, and landscaping, unless expressly prohibited by law."
Fiscal Impact:
There is no immediate fiscal impact associated with this item.
Future Dependent Action:
Depending on the direction of Council, the Code amendment can be brought back for adoption at a later date.
Recommended Action and/or Suggested Motion:
Recomendation
Motion to direct staff to present the proposed ordinance to the Planning Commission for a recommendation and return to City Council with recommendation.