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City attorney outlines limits and risks of development agreements; urges specific record-building
Summary
Brian Jones reviewed when development agreements are legally appropriate, why Provo uses them, and recommended procedural steps for planning commissioners and councilors to preserve voluntary exchange and avoid legal challenge.
Brian Jones, Provo City Attorney, gave an extended presentation explaining what development agreements are, why Provo uses them and when they can create legal risk.
Jones said state law permits municipalities to enter written development agreements that contain terms needed to accomplish land-use purposes but also imposes limits. He explained development agreements historically addressed multi-phase projects and vesting concerns — guaranteeing rights for future phases — and warned agreements should not be used to circumvent exaction law or to grant spot zoning privileges that conflict with code.
Jones reviewed court standards for exactions and vesting, citing the need for…
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