Chapter 17.26
PHASED DEVELOPMENT STANDARDS
Sections:
17.26.030 Phasing plan required.
17.26.050 Final plat approval.
17.26.070 Development agreements.
17.26.010 Purpose.
The purpose of this chapter is to facilitate the establishment of larger, more complex projects with significant infrastructure requirements by establishing a procedure which allows applications proposed consistent with the requirements of this title to complete infrastructure and other improvements in phases. Proposed phasing plans will be reviewed and adopted in a manner which ensures that each phase is self-sufficient and is not dependent on subsequent phases to fulfill infrastructure requirements and other conditions of approval. Phased development which is approved consistent with the requirements of this title may proceed with a minimum of additional review, unless otherwise specified in this chapter. (Ord. 2021-021 § 1 (Exh. B); Ord. 2010-015 § 1 (Exh. A); Ord. 98-005 § 4)
17.26.020 Applicability.
Phased development plans may be considered for those proposed projects which meet the following requirements:
A. The proposed project includes 10 or more lots or tracts; and
B. The proposed project includes a land area of two acres or greater. (Ord. 2010-015 § 1 (Exh. A); Ord. 98-005 § 4)
17.26.030 Phasing plan required.
Applications for subdivision or binding site plan approval which propose to complete the required infrastructure improvements in phases must include a preliminary phasing plan. A final phasing plan which incorporates all required conditions of approval and details infrastructure improvements and sequencing of the phases must be submitted before any ground disturbing activities.
A. Preliminary phasing plans must be submitted concurrently with the land use application. Preliminary phasing plans must include the following information:
1. Illustrative maps for each proposed phase which clearly mark in heavy lines the boundaries of the subject phase, label the phase alphabetically (to avoid confusion with lot numbers), and depict roads, lots, infrastructure, easements, dedications and open space which are included within the subject phase. The plan must also illustrate those proposed improvements which mitigate impacts associated with the unbuilt portions of the project which are not located within the boundaries of the subject phase. Previously established phases, including roads, lots, infrastructure, easements, dedications, and open space, should be shown on the map shaded or gray-scaled. All phasing maps must be drawn at the same scale.
2. A narrative description or table which describes each phase and its associated improvements. In addition, the narrative or table must demonstrate that each phase would comprise a “stand-alone” development which, should no subsequent phases be constructed, would meet or exceed the standards of this title and all other conditions of approval. The narrative should also describe the proposed timeline for completion of the entire project and any proposals to bond for required unbuilt or yet-to-be-constructed improvements.
B. The final phasing plan must be submitted to the department of community development before any ground disturbing activity, and must include the following:
1. Illustrative maps for each proposed phase which clearly mark in heavy lines the boundaries of the subject phase, label the phase alphabetically (to avoid confusion with lot numbers), and depict roads, lots, infrastructure, easements, dedications and open space which are included within the subject phase. The plan must also illustrate those proposed improvements which mitigate impacts associated with the unbuilt portions of the project which are not located within the boundaries of the subject phase. Previously established phases, including roads, lots, infrastructure, easements, dedications, and open space, should be shown on the map shaded or gray-scaled. All phasing maps must be drawn at the same scale. The final phasing plan map should be drawn at the same scale as the preliminary plat map.
2. The final narrative description or table which describes each phase and its associated improvements. The final narrative must also include the proposed timeline for completion of the entire project and any proposals to bond for required unbuilt improvements. (Ord. 2021-021 § 1 (Exh. B); Ord. 2010-015 § 1 (Exh. A); Ord. 98-005 § 4)
17.26.040 Approval.
The city council must review and approve phasing plans only if the phasing plan does not erode the intent of the criteria for approval of the subdivision or binding site plan. In addition, phasing plans must be reviewed to ensure that they meet or exceed the following criteria:
A. Each proposed phase must provide no less than a proportionate fair share of required open space, recreation facilities, and/or dedications for public use concurrent with development. In cases where construction of a proportionate fair share improvement is not feasible or would result in incomplete facilities which do not mitigate the impacts of the phase, construction of the entire improvement is required;
B. All required off-site improvements which mitigate impacts associated with the subject phase must be completed before final approval of that phase;
C. All phases must be stand-alone. No proposed phase can be dependent on the completion of subsequent phases to be consistent with any required approvals and/or conditions, including, but not limited to: the looping of roads and utilities; the provision of fire flow; and the mitigation of transportation, recreation and/or public services impacts. Landscaping and parking improvement must be provided within each phase as required;
D. Phases must be constructed in the manner approved in the phasing plan to ensure orderly and planned development. Phases must be planned to ensure the efficient construction of adjacent future phases (those phases immediately next to the subject phase, sharing a common boundary line), and to ensure that phased development does not allow for leapfrog development;
E. Infrastructure improvements which are required to serve the entire project may be constructed within a nonadjacent phase; and
F. Phasing plan timelines will be approved only if they propose to establish all requirements of plat approval for the entire project within the time periods set out in SMC 20.01A.030, unless the project is subject to a valid and fully executed SMC 17.26.070 development agreement. (Ord. 2021-021 § 1 (Exh. B); Ord. 2010-015 § 1 (Exh. A); Ord. 2005-022 § 9; Ord. 2004-015 § 9; Ord. 98-005 § 4)
17.26.050 Final plat approval.
Statutory time periods associated with final plat approval of successive project phases commence upon completion of the preceding project phase. All project phases must be completed within the time period set out in SMC 20.01A.030 unless the project is subject to a valid and fully executed SMC 17.26.070 development agreement. The preliminary plat of subsequent project phases automatically expires and becomes void if the applicant fails to timely file for approval of the final plat pursuant to SMC 20.01A.030, unless the city council determines that a request for extension pursuant to SMC 120.01A.030 can be granted, if such an extension is available. Any extension granted under SMC 20.01A.030 is subject to any added conditions as may be required by the city council. (Ord. 2021-021 § 1 (Exh. B); Ord. 2010-015 § 1 (Exh. A); Ord. 98-005 § 4)
17.26.060 Bonding.
Bonding for phased developments is approved consistent with the requirements of Chapter 17.64 SMC. Bonds must meet city requirements (Chapter 3.78 SMC). (Ord. 2021-021 § 1 (Exh. B); Ord. 2010-015 § 1 (Exh. A); Ord. 98-005 § 4)
17.26.070 Development agreements.
The city council is authorized to enter into development agreements pursuant to Chapter 36.70B RCW. The decision to enter into a development agreement is entirely within the discretion of the city council, and this section in no way guarantees that the council will agree to enter into a development agreement. This section represents the minimum provisions that every development agreement must contain, but nothing in this section is to be construed to prohibit additional provisions or conditions as may be appropriate for each development agreement.
A. Development agreements are limited to a maximum term of 10 years, unless the project will provide all of the following benefit(s), then the development agreement term is limited to a maximum of 20 years:
1. Economic development;
2. Environmental restoration;
3. Affordable housing;
4. Improved traffic/pedestrian circulation;
5. Increased access to public infrastructure; and
6. Additional public facilities.
Development agreements with a term longer than 10 years must be based upon substantial written evidence that the project will provide the benefits outlined in subsections (A)(1) through (6) of this section. This evidence must be provided to the department of community development before a staff recommendation for a development agreement with a term greater than 10 years is submitted to the city council.
B. All development agreements must contain a provision stating that the city department of community development must review the project for new, changed, or additional conditions every three years after the first five years after preliminary plat approval. For those projects receiving preliminary plat approval between June 10, 2010, and December 31, 2014, the city department of community development must review the project for new, changed, or additional conditions every three years after the first seven years after preliminary plat approval.
1. At each subsequent review specified in this subsection B, any additional conditions imposed will apply to the remaining, incomplete portions of the project. Conditions apply until the next review, at which time new, changed, or additional conditions may be imposed that supersede, prospectively, conditions from the previous review.
2. Such review(s) must continue until the project is complete and has received final plat approval under RCW 58.17.170.
3. RCW 58.17.033 applies only to the first phase of a phased development agreement. An application for a phased development intended to receive any final plat approvals after the time requirement of SMC 20.01A.030 must treat each subsequent phase as a new application for division of land for purposes of applying RCW 58.17.033. Notwithstanding this provision, if the legislative body finds that a change in conditions is necessary to prevent a serious threat to the public health or safety in the subdivision, such conditions may be imposed.
C. All development agreements must contain a provision stating that the development must comply with the most current public infrastructure requirements, including impact fees, in place at the time the site construction application is submitted for that phase.
D. All development agreements must contain a provision stating that the development must comply with all current plumbing and building codes in place at the time of building permit application for that phase.
E. All development agreements must contain a provision stating that nothing in the development agreement is to be construed as to relieve a project from compliance with all state and federal laws as enacted or amended.
F. All development agreements must reserve the city’s authority to impose new or different regulations at any time to the extent required due to a serious threat to public health and safety.
G. All development agreements must be approved by the city attorney as to form before being presented to the city council.
H. Development agreements may be subject to bonding requirements. (Ord. 2021-021 § 1 (Exh. B); Ord. 2010-015 § 1 (Exh. A))