Chapter 22.30
DEVELOPMENT AGREEMENTS
Sections:
22.30.020 General provisions of development agreements.
22.30.040 Processing procedure for development agreements.
22.30.050 No deadline for final decision, form of agreement, term, recordation.
22.30.070 No retroactive effect.
22.30.010 Authority.
The City may enter into a development agreement with a person having ownership or control of real property within the City limits. The City may enter into a development agreement for real property outside its boundaries as part of a proposed annexation or a service agreement.
(Ord. 688 § 1 (Exh. C), 2017).
22.30.020 General provisions of development agreements.
A. A development agreement must set forth the development standards and other provisions that shall apply to and govern and vest the development, use, and mitigation of the development of the real property for the duration specified in the agreement. A development agreement shall be consistent with the applicable policies and goals of the comprehensive plan and all applicable development standards adopted by the City pursuant to State law. For the purposes of this section, “development standards” includes, but is not limited to:
1. Project elements such as permitted uses, residential densities, and 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 State law;
4. Design standards such as maximum heights, setbacks, drainage and water quality requirements, landscaping and other development features;
5. Provisions for affordable housing, if applicable;
6. Parks and common open space preservation;
7. Review procedures and standards for implementing decisions;
8. Phasing, if applicable;
9. A build-out or vesting period for applicable standards; and
10. Any other appropriate development requirement or procedure.
B. The execution of a development agreement is a proper exercise of City police power and contract authority. A development agreement may obligate a party to fund or provide services, infrastructure, or other facilities. A 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. 688 § 1 (Exh. C), 2017).
22.30.030 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. 688 § 1 (Exh. C), 2017).
22.30.040 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 Chapter 16.10 UPMC.
B. Project Permits. A development agreement associated with a project permit application shall be processed in accordance with the procedures established in Chapters 22.05 and 22.10 UPMC.
1. If the final decision on the underlying project permit application is made by the Hearings Examiner, then the Hearings Examiner shall consider both the project permit application and the proposed development agreement together during the public hearing. The Hearings Examiner shall make a recommendation to the Council on the development agreement and the Examiner’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 resolution or ordinance, authorize the City Manager or designee to execute the development agreement on behalf of the City. At this point, the Hearings Examiner may then issue the final decision on the underlying project permit application. Nothing in this section obligates the Hearings Examiner to forward a recommendation to the City Council for further consideration if the Hearings 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 City staff shall consider both the project permit application and the proposed development agreement together. 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 resolution or ordinance, authorize the City Manager or designee to execute the development agreement on behalf of the City. At this point, City staff may then issue the 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 Hearings Examiner or City administrative staff and the application was approved, 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 City Manager or designee, in a resolution or ordinance, to execute the development agreement on behalf of the City.
(Ord. 711 § 3, 2018; Ord. 688 § 1 (Exh. C), 2017).
22.30.050 No deadline for final decision, form of agreement, term, recordation.
A. Development agreements are not “project permit applications” as defined in State law. 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 first sign a written waiver of the deadline for issuance of a final decision of the project permit application.
B. Form. 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 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. Unless a longer term is specified in the development agreement, such agreements shall have a maximum term of five years.
2. In determining the appropriate term for a development agreement, the City Council should consider the type, size and location of the development and phasing if proposed.
3. Extensions. Unless extensions are provided for in the development agreement a one-time extension for up to five years may be requested if authorized in the development agreement. If extensions are authorized in a development agreement, an applicant must request the extension at least 60 days prior to expiration. All extension requests shall be reviewed by the City Council after a public hearing on the request, unless another process is expressly provided for in the development agreement.
D. Recordation. A development agreement shall be recorded against the real property records of the Pierce County Assessor’s Office. During the term of the development agreement, the agreement is binding on the parties and their successors, including any area that is annexed to the City.
(Ord. 688 § 1 (Exh. C), 2017).
22.30.060 Judicial appeal.
If the development agreement relates to a project permit application, the provisions of State law shall apply to the appeal of the decision on the development agreement.
(Ord. 688 § 1 (Exh. C), 2017).
22.30.070 No retroactive effect.
This chapter does not affect the validity of any development agreement, contract rezone, concomitant agreement, annexation agreement, or other agreement in existence prior to its effective date, or adopted under separate authority, which includes some or all of the development standards provided in UPMC 22.30.020.
(Ord. 688 § 1 (Exh. C), 2017).