Chapter 19.01
DEVELOPMENT AGREEMENTS AND ANNEXATION-RELATED AGREEMENTS
Sections:
19.01.030 General provisions of development agreements and annexation-related agreements.
19.01.050 Form of agreement – Council approval – Recordation.
19.01.010 Type of approval.
Development agreements and annexation-related agreements shall accompany and be processed in conjunction with the underlying project permit application, approval or annexation request. The type of project permit application or other approval shall control the type of application. (Ord. 06-004 § 1).
19.01.020 Authority.
(1) The execution of a development agreement or annexation-related agreement is a proper exercise of the city police power and contract authority. The city may consider, and enter into, a development agreement or an annexation-related agreement with a person having ownership or control of real property within the city limits or outside of the city limits but within the urban growth area (“UGA,” as defined in RCW 36.70A.030(15), or as designated by the county pursuant to RCW 36.70A.110).
(2) A development agreement or annexation-related agreement shall be consistent with applicable development regulations adopted by the city under Chapter 36.70A RCW. (Ord. 06-004 § 1).
19.01.030 General provisions of development agreements and annexation-related agreements.
The development agreement or annexation-related agreement must include, at a minimum, the following:
(1) The development standards and other provisions that shall apply to and govern and vest the development, use and mitigation of the development of real property for the duration of the agreement;
(2) Project components which define and detail the allowable uses, residential densities, commercial or nonresidential area floor area;
(3) Location of buffers, landscaping or open space;
(4) The amount and payment of impact fees imposed or agreed to in accordance with any applicable provisions of state law, local ordinance, any reimbursement provisions, other financial contributions by the property owner, inspection fees, or dedications;
(5) Mitigation measures, development conditions and other requirements of Chapter 43.21C RCW;
(6) Design standards such as architectural treatment, maximum heights, setbacks, landscaping, drainage, and water quality requirements and other development features;
(7) Provisions for affordable housing;
(8) Parks and common open space preservation;
(9) Review procedures and standards for implementing decisions;
(10) A build-out or vesting period for application standards;
(11) Provisions for developer/owner reimbursement to the city for actual expenses incurred by the city over and above fees paid by the developer/owner as an applicant incurred by the city directly related to the agreement, including recording fees, publishing fees, staff time in preparing the development agreement or annexation-related agreement, any necessary SEPA review, obtaining boundary review board approval, and reasonable staff and consultant costs not otherwise included within application fees;
(12) Provisions for developer/owner responsibility to pay all costs of designing, engineering and constructing any utility extensions, including all costs incurred by the city or its consultants in reviewing such plans and inspecting construction. (Ord. 06-004 § 1).
19.01.040 Enforceability.
Unless amended or terminated, a development agreement is enforceable during its term by a party to the agreement. A development agreement and the development standards in the agreement govern during the term of the agreement, or for all or that part of the specified build-out period. The agreement may not be subject to a new or an amendment to a zoning ordinance or development standard adopted after the effective date of the agreement, unless otherwise provided in the agreement. Any permit or approval issued by the city after the execution of the agreement must be consistent with the development agreement. (Ord. 06-004 § 1).
19.01.050 Form of agreement – Council approval – Recordation.
A. Council Approval. The city council shall only approve development agreements, or amendments thereto, by ordinance.
B. Recordation. Development agreements shall be recorded with the real property records of the county in which the property is located at the cost of the applicant. During the term of the development agreement, the agreement is binding on the parties and their successors-in-interest. (Ord. 06-004 § 1).