Chapter 18.60
DEVELOPMENT AGREEMENTS
Sections:
18.60.010 Statutory development agreements authorized.
18.60.020 Scope of development agreements, appropriate terms and conditions.
18.60.030 Modification of development standards and regulations.
18.60.035 Submittal requirements.
18.60.040 Adoption of development agreement, procedures and appeal.
18.60.050 Recordation of development agreement.
18.60.010 Statutory development agreements authorized.
The city council hereby adopts the authority allowed by RCW 36.70B.170 to 36.70B.210 to enter into development agreements with the owners and developers of real property and to specify in advance some or all of the terms and conditions under which development will occur as specified in this chapter. The purpose of a development agreement is to offer flexibility in development standards and city regulations in exchange for an offsetting benefit to the city of equal or greater value. Per RCW 36.70B.170, the execution of a development agreement is a proper exercise of city police power and contract authority. [Ord. 2022-01 § 2 (Exh. A), 2022; Ord. 2012-02 § 6 (Exh. C), 2012.]
18.60.015 General provisions.
(1) A development agreement shall be consistent with the applicable policies and goals of the city’s comprehensive plan.
(2) Deviations from Development Standards. A development agreement may allow deviations from development standards imposed under the La Center Municipal Code in exchange for offsetting public benefits including, but not limited to, the following:
(a) The provision of public facilities, including:
(i) Public parks and open spaces containing a higher level of amenities than otherwise required by city regulations;
(ii) Trails, trail connections to the city trail system, and shoreline access in addition to what is required under city plans and regulations;
(iii) Public streets with additional amenities, such as wider sidewalks, bike lanes, and/or landscape strips;
(iv) Another facility identified in the city capital facilities plan not otherwise required by the development;
(b) Provision of affordable housing;
(c) Provision of family-wage jobs;
(d) The project preserves significant historic structures or demonstrates preservation and enhancement of the existing community character;
(e) The project will provide a higher level of urban design than required by existing zoning standards, such as additional pedestrian connections, plazas, buildings with a high degree of architectural detail and pedestrian orientation, and a mix of uses.
(3) Any departure requested by the owner from the development standards of this code through a development agreement shall be offset by the owner’s provision of a benefit to the city of equal or greater value relative to the departure requested, as determined by the city.
(a) Equivalent value need not be measured monetarily and the proposed benefit need not be of the same type as the existing development standard requirement. For example, the benefit of a public open space dedication may be considered against the benefit of a required street improvement.
(b) In no case shall a departure from the development standards be granted if no equivalent or greater benefit to the city is provided. [Ord. 2022-01 § 3 (Exh. A), 2022.]
18.60.020 Scope of development agreements, appropriate terms and conditions.
The city may enter into a development agreement and attach thereto terms or conditions deemed necessary and appropriate by the city and consistent with this chapter. Once executed in accordance with this chapter, a development agreement and the development standards it contains shall govern during the term of the agreement, or for all or that part of the build-out period specified in the agreement, and may not be subject to any subsequent amendments to the city’s development code, standards or regulations nor any zoning ordinance or development standard or regulation adopted after the effective date of the agreement except to the extent required by a serious threat to public health and safety. A permit or approval issued by the city after the execution of the development agreement must be consistent with the development agreement. [Ord. 2022-01 § 4 (Exh. A), 2022; Ord. 2012-02 § 6 (Exh. C), 2012.]
18.60.030 Modification of development standards and regulations.
(1) Unless a particular applicable development standard or regulation is expressly varied, modified or limited in a development agreement, the applicable development standards and regulations in effect at the time a development agreement is executed shall control the subject development. The city may vary or modify any development standards or regulations applicable to a development through a development agreement without the necessity of a separate variance or conditional use permit application or approval, but only by specific reference in the agreement. Variations and modifications of development standards or regulations must be consistent with the limitations of this section and all other requirements of this chapter. Limitations on modifications, as provided herein, include:
(a) The range of uses allowed is limited to permitted uses and conditional uses in the applicable zoning district;
(b) The term of the development agreement is limited to 10 years with the ability to extend the agreement for up to an additional 10-year period. The city reserves the right to require compliance with new or updated regulations or policies and to require that new public benefits be provided that were not part of the original development agreement when approving an extension;
(c) The development agreement may allow for a density increase up to 20 percent for individual phases of a development in the MDR-16 zoning district; provided, that the overall density of the development shall not exceed the overall density allowed;
(d) Building coverage and impervious surface increases of up to 60 percent of the area of the lot are permitted in the LDR-7.5 zoning district; and
(e) Maximum building height in the JP zoning district may be varied provided it complies with the view preservation requirements of LCMC 18.158.080.
(2) Development agreements cannot modify provisions of:
(a) Density in any zoning district except as specified above for the MDR-16 zoning district;
(b) Setback requirements in the LDR-7.5 zoning district;
(c) Maximum building height in any zoning district except as specified above for the JP zoning district;
(d) Chapter 18.147 LCMC, Parks and Open Spaces;
(e) Chapter 18.157 LCMC, Sensitive Utility Corridor Overlay District;
(f) Chapter 18.300 LCMC, Critical Areas;
(g) The adopted shoreline master program;
(h) Chapter 18.310 LCMC, Environmental Policy;
(i) Chapter 18.320 LCMC, Stormwater and Erosion Control;
(j) Chapter 18.360 LCMC, Archaeological Resource Protection; and
(k) LCMC Title 15, Buildings and Construction. [Ord. 2022-01 § 5 (Exh. A), 2022; Ord. 2012-02 § 6 (Exh. C), 2012.]
18.60.035 Submittal requirements.
To initiate a development agreement, applicants shall submit the following items:
(1) A master land use application;
(2) A draft development agreement, including:
(a) A site plan depicting boundaries and project elements, such as location, acreage, and range of densities for residential development, if applicable; location and range of types of uses of nonresidential development, if applicable; location and size of critical areas and buffers, if any; perimeter buffers, if any; location and acreage of active and passive recreational areas, if any; and motorized and nonmotorized circulation routes, including route connections to streets and pedestrian and bicycle routes servicing and/or abutting the site;
(b) Documentation of the specific LCMC sections and development standards that are proposed to be modified, how the standards are proposed to be modified, and the offsetting benefits to be provided to the city;
(c) The duration and termination of the agreement;
(d) If environmental review is required under the State Environmental Policy Act, measures to mitigate significant adverse impacts, including, but not limited to, any impacts to public services and facilities;
(e) A traffic impact study consistent with city requirements, including LCMC 12.10.190 (Developments – Access road – Frontage improvements), 12.10.280 (Arterials – Medians and channelization policy), and 18.10.090 (Concurrency);
(f) The expected build-out period and, if applicable, the phasing of development; and
(g) Other items contained in LCMC 18.30.050, as applicable.
(3) A narrative that describes the need for the agreement and details compliance with this chapter and state law contained in RCW 36.70A.170 through 36.70A.210. [Ord. 2022-01 § 6 (Exh. A), 2022.]
18.60.040 Adoption of development agreement, procedures and appeal.
The city shall only approve a development agreement under this chapter by ordinance or resolution after a public hearing before the city council. If the development agreement relates to a project permit, the city’s final decision shall be appealable pursuant to Chapter 36.70C RCW. [Ord. 2022-01 § 7 (Exh. A), 2022; Ord. 2012-02 § 6 (Exh. C), 2012.]
18.60.050 Recordation of development agreement.
Development agreements and all terms and conditions shall be binding upon the property owner and all successor owners of the subject property. After approval, a development agreement shall be recorded with the Clark County real property records and include terms that provide for a legally binding effect and enforceability upon the property’s owner. During the term of the development agreement, the agreement shall be binding on the parties and their successors, regardless of whether the city annexes the subject property. [Ord. 2022-01 § 8 (Exh. A), 2022; Ord. 2012-02 § 6 (Exh. C), 2012.]