Chapter 14.08
DEVELOPMENT AGREEMENTS
Sections:
14.08.010 Authority and general provisions.
14.08.020 General provisions of development agreements.
14.08.040 Approval procedure for development agreements.
14.08.050 Form of agreement, council approval, recordation.
14.08.010 Authority and general provisions.
A. In accordance with RCW 36.70B.170, 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.
B. A development agreement shall be consistent with the applicable policies and goals of the city of West Richland comprehensive plan and applicable development regulations. [Ord. 20-20 § 1 (Att. A), 2020; Ord. 38-07 § 1, 2007].
14.08.020 General provisions of development agreements.
A. As applicable, the development agreement shall specify the following:
1. Project elements such as 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.
B. 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. 20-20 § 1 (Att. A), 2020; Ord. 38-07 § 1, 2007].
14.08.030 Enforceability.
Unless amended or terminated, a development agreement is enforceable during its term by a party to the agreement. A development agreement and 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 effective date of agreement. Permit approval issued by the city after execution of the agreement must be consistent with the development agreement. [Ord. 20-20 § 1 (Att. A), 2020; Ord. 38-07 § 1, 2007].
14.08.040 Approval procedure for development agreements.
A development agreement is a Type VII project permit application and shall be processed in accordance with the procedures established in this title. The planning commission’s role with respect to a development agreement is to hold a public hearing and provide a recommendation to the West Richland city council. A development agreement shall be approved by resolution or ordinance of the West Richland city council after a public hearing. [Ord. 20-20 § 1 (Att. A), 2020; Ord. 38-07 § 1, 2007].
14.08.050 Form of agreement, council approval, recordation.
A. Form. All development agreements shall be in a form provided by the city attorney’s office. The city attorney shall approve all development agreements for form prior to consideration by the planning commission.
B. Term. Development agreements may be approved for a maximum period of 10 years.
C. Recordation. A development agreement shall be recorded against real property records of the Benton County assessor’s office. During the term of the development agreement the agreement is binding on the parties and their successors, including any area annexed to the city. [Ord. 20-20 § 1 (Att. A), 2020; Ord. 38-07 § 1, 2007].