Chapel Hill hosted another lunchtime presentation Tuesday, this time to discuss development agreements. UNC School of Government professor David Owens broke down development agreements as they exist under North Carolina state law while Chapel Hill Director of Policy and Strategic Initiatives Mary Jane Nirdlinger provided a presentation on Chapel Hill's development process specifically.
I attended the presentation, and you can read my livetweets below. I found the presentation useful to better understand how the development process has changed and now operates in our town, particularly given the ongoing development processes for Glen Lennox and Obey Creek.
Development agreements are authorized under North Carolina state law (specifically, NC General Statutes §160A‑400.20 through §160A‑400.32). As written, state law gives much autonomy to municipalities to determine their own development processes and how to go about entering into development agreements. It's also worth noting that development agreements are designed for large-scale projects only (defined under state law as 25 or more developable acres).
A few other takeaways from the presentation:
- Municipalities in North Carolina have the ability to alter zoning codes as they see fit. There is no "threshold" requirement for rezoning. However, rezoning cannot be included in a development agreement, but must be carried out before approving a development agreement that necessitates a zoning change.
- Development agreements are useful because they're all-encompassing and outline very specifically the details of a proposed development. Once approved, an agreement cannot be altered without the mutual approval of both the municipality and developer.
- Beginning a development agreement process does not guarantee approval of any development agreement.
