Chapter 18.20
DEVELOPMENT AGREEMENTS
Sections:
18.20.020 General provisions of development agreements.
18.20.040 Processing procedure for development agreements.
18.20.050 No deadline for final decision – Form of agreement – Term – Recordation.
18.20.010 Authority.
The city may consider, and enter into, a development agreement with a person having ownership or control of real property within the city limits. The city may consider a development agreement for real property outside of the city limits but within the urban growth area (UGA) as part of a proposed annexation or a service agreement. (Ord. 2523 § 1 (part), 2015)
18.20.020 General provisions of development agreements.
A. Comprehensive Plan. A development agreement shall be consistent with the applicable policies and goals of the city of Sumner comprehensive plan.
B. Development Standards. Except as provided in subsection C of this section, a development agreement shall be consistent with applicable development regulations; provided, a development agreement may extend the durations of approval of project permits and allow phasing plans different from those otherwise imposed under the Sumner Municipal Code.
1. Any approved development standards that differ from those in the code shall not require any further rezone, variance from city standards or other city approval apart from development agreement approval. The development standards as approved through a development agreement shall apply to and govern the development and implementation of each covered property in lieu of any conflicting or different standards or requirements elsewhere in the Sumner Municipal Code.
2. Subsequently adopted standards which differ from those of a development agreement adopted by the city shall apply to the covered property only where necessary to address imminent public health and safety hazards or where the development agreement specifies a time period or phase after which certain identified standards can be modified.
3. Projects subject to a development agreement are required to obtain approval for all applicable project permits unless otherwise expressly provided for in the approved development agreement.
C. Deviations from Development Standards. A development agreement may allow deviations from development standards imposed under the Sumner Municipal Code for the following reasons:
1. To provide flexibility to achieve public benefits; or
2. In order to respond to changing community needs; or
3. To encourage modifications which provide the functional equivalent or adequately achieve the purposes of otherwise applicable city standards.
4. The project preserves significant historic structures or demonstrates preservation and enhancement of the existing downtown character; and
5. The project will provide public amenities above that required by the existing zoning standards, including but not limited to parks, shoreline access, plazas, and/or pedestrian connections; and
6. The project will result in a superior design solution to what would otherwise be achieved by applying the specific requirements of chapter 18.40 SMC, Design and Development Guidelines; and
7. The proposed deviations to zoning development standards are consistent with the public health, safety, convenience and general welfare.
D. Type VI Permit. All land use permits for projects developed utilizing this subsection shall be processed as a Type VI permit or higher numbered permit type if applicable. The design review application for a project utilizing this subsection shall be reviewed by the city’s design review commission for consistency with the general requirements of chapter 18.40 SMC, Design and Development Guidelines. The design review commission’s recommendation on the project shall be forwarded to hearing examiner for consideration as part of the underlying project permit.
E. Standards Not Affected. A development agreement cannot authorize deviations from the uses, minimum and maximum densities, maximum gross floor area, or maximum structure height allowed in the underlying zoning district unless approved by a majority plus one of the whole council after a public hearing on the agreement. Variance and deviation processes contained within the following specified codes may be applied for during project permitting after the approval of a development agreement:
1. A development agreement cannot authorize deviations from requirements of SMC Title 15, Buildings and Construction. Building permit applications shall be subject to the building codes in effect when a complete building permit application is submitted.
2. A development agreement cannot authorize deviations from requirements of SMC Title 16, Environment.
3. A development agreement cannot authorize deviations from the requirements of the Sumner Shoreline Master Program.
F. Contents of a Development Agreement. As applicable, the development agreement shall specify the following:
1. Project components which define and detail the permitted uses, residential densities, nonresidential densities and intensities or building sizes;
2. The amount and payment of impact fees imposed or agreed to in accordance with any applicable provisions of state law, any reimbursement provisions, other financial contributions by the property owner, inspection fees, or dedications;
3. Mitigation measures, development conditions and other requirements of chapter 43.21C RCW;
4. Design standards such as architectural treatment, maximum heights, setbacks, landscaping, drainage and water quality requirements and other development features;
5. Provisions for affordable housing, if applicable;
6. Parks and common open space preservation;
7. Phasing;
8. A build-out or vesting period for applicable standards; and
9. Any other appropriate development requirement or procedure which is based upon a city policy, rule, regulation or standard.
G. Authority Reserved. As provided in RCW 36.70B.170, the development agreement shall reserve authority to impose new or different regulations to the extent required by a serious threat to public health and safety. (Ord. 2523 § 1 (part), 2015)
18.20.030 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 build-out period specified in the agreement. The agreement may not be subject to an amendment to a zoning ordinance or development standard or a new zoning ordinance or development standard or regulation adopted after the effective date of the agreement. The permit approval issued by the city after the execution of the agreement must be consistent with the development agreement. (Ord. 2523 § 1 (part), 2015)
18.20.040 Processing procedure for development agreements.
A. Legislative Actions. A development agreement associated with a legislative action such as a comprehensive plan amendment or area-wide rezone shall be processed in accordance with the procedures established in this title and subsection, except as provided for in subsection C of this section. The planning commission shall make its recommendation on any development agreement relating to legislative action to the city council. A public hearing shall be held on the development agreement and, if approved, the council shall authorize the mayor, in an ordinance, to execute the development agreement on behalf of the city.
B. Project Permits. A development agreement associated with a project permit application shall be processed in accordance with the procedures established in this title and subsection.
1. If the final decision on the underlying project permit application is made by the hearing examiner, then the hearing examiner shall consider both the project permit application and the proposed development agreement together during the public hearing. The hearing examiner shall make a recommendation to the council on the development agreement and his/her decision on the underlying project permit application shall be held in abeyance until the city council considers the proposed development agreement in a public hearing. If the city council approves the development agreement, the council shall, by ordinance or resolution, authorize the mayor to execute the development agreement on behalf of the city. At this point, the hearing examiner may then issue his/her final decision on the underlying project permit application. Nothing in this section obligates the hearing examiner to forward a recommendation to the city council for further consideration if the hearing examiner denies the underlying project permit application.
2. If the final decision on the underlying project permit application is made by the city administrative staff, then the city staff shall consider both the project permit application and the proposed development agreement together. The city staff shall make a recommendation to the council on the development agreement, and the city staff’s decision on the underlying project permit application shall be held in abeyance until the city council considers the proposed development agreement in a public hearing. If the city council approves the development agreement, the council shall, by ordinance or resolution, authorize the mayor to execute the development agreement on behalf of the city. At this point, the city staff may then issue its final decision on the underlying project permit application. Nothing in this section obligates city staff to forward a recommendation to the city council for further consideration if city staff denies the underlying project permit application.
3. If a final decision on an underlying project permit application has been previously made by the hearing examiner or city administrative staff and the application was approved, the city staff shall make a recommendation to the council on the development agreement. A public hearing shall be held on the development agreement and, if approved, the council shall authorize the mayor, in an ordinance or resolution, to execute the development agreement on behalf of the city.
C. Public Hearing and Notice. All development agreements shall be subject to review and approval by the council after a duly noticed public hearing pursuant to RCW 36.70B.200. All public hearings on a development agreement shall be noticed as follows:
1. Class D notice per SMC 18.56.070(B)(4) shall be provided.
2. All costs associated with the public notice shall be borne by the applicant. (Ord. 2702 § 1, 2019: Ord. 2523 § 1 (part), 2015)
18.20.050 No deadline for final decision – Form of agreement – Term – Recordation.
A. No Deadline for Final Decision. Development agreements are not “project permit applications” as defined in RCW 36.70B.020. Therefore, there is no deadline for processing a development agreement. If an applicant requests that the city execute a development agreement as part of its approval of a project permit application, the applicant must agree to sign a written waiver of the deadline for issuance of a final decision of the project permit application, so that the development agreement may be processed.
B. Form of Agreement. Development agreements shall be consistent with RCW 36.70B.170 through 36.70B.210, as currently written or hereafter amended. No development agreement shall be presented to the decision-making body unless in a form approved by the city attorney. Every development agreement shall be signed or approved by the property owner and all other parties with a substantial beneficial interest in the property that is the subject of the development agreement, prior to any public hearing held for the purpose of authorizing execution of the development agreement.
C. Term.
1. Development agreements may be approved for a maximum period of 20 years.
2. In determining the appropriate term for a development agreement, the council should consider the type, size and location of development and phasing if proposed.
3. Extensions. If extensions are authorized in a development agreement, an applicant must request the extension at least 60 days prior to expiration. For development agreements associated with project permit applications, the development services director may grant an extension for up to five years if the applicant can satisfactorily show that, for a residential project, at least 50 percent of the residential units are constructed, or for nonresidential and mixed use projects, at least 50 percent of the gross floor area is constructed. All other requests for extensions shall be reviewed by the city council, unless another process is expressly provided for in the development agreement. In no case shall an extension be granted which would allow a development agreement to exceed 20 years.
D. Recordation. A development agreement shall be recorded against the property, in the real property records of the Pierce County auditor’s office. All costs associated with the recording of the development agreement shall be borne by the applicant or property owner. During the term of the development agreement, the agreement is binding on the parties and their successors, including the property owners in any area that is annexed to the city. (Ord. 2788 § 30, 2021; Ord. 2702 § 2, 2019: Ord. 2523 § 1 (part), 2015)