Voluntary Agreements

I read in the Sunday Post (3/28/2010) about a bill on affordable housing winding its way through the Colorado legislature. What caught my eye was not the subject matter but the argument that voluntary agreements between developers and governments be preserved. It made me stop and consider the concept of a "voluntary agreement" in land use. I have concluded that the term "voluntary agreement" is suspect. Whether it's affordable housing or school finance these "voluntary agreements" are hardly voluntary from the developer's point of view. Cities and counties use subtle and not so subtle pressure to ensure that applicants "volunteer" their money to fund these programs. I have witnessed applicants not be scheduled for hearing or suddenly having issues with an application appear until the voluntary agreement is signed. Developers who want to spend as little time as possible in the entitlement phase usually agree to these programs figuring it is not worth the fight in terms of either time or money. The programs to be funded may be all worthwhile causes that the developers should participate in but calling it voluntary seems like a stretch to me.

Having represented clients in front of local boards and commissions all over the state for the better part of 20 years I have come to admire the consistency of the land use review process in Adams County. The Commissioners are consistent and fair. They are pro-business and understand job growth comes from development. The Planning staff runs through the application process with a minimum of delay and usually hits the mark with the proposed hearing dates given to you at the beginning of the process.

Developers want consistency in the review and deliberation of their projects. Adams County rewards the applicant by providing just that, a consistent method of analysis and decision making that doesn't surpirse anyone.