Chapter 21.85
DEVELOPMENT AGREEMENTS
Sections:
21.85.050 Decision not applicable to other development agreements.
21.85.070 Application requirements.
21.85.010 Purpose.
The purpose of this chapter is to provide a mechanism to provide certainty in the development review process for large-scale or multiphase developments that may take years to complete and may require substantial financial commitments at an early stage. A development agreement promotes the general welfare by balancing the public and private interests, providing reasonable certainty for a development project, and addressing other matters, including reimbursement over time for the financing of public facilities. (Ord. 706 § 47 (Att. A), 2020)
21.85.020 Authority.
(1) Pursuant to RCW 36.70B.170 through 36.70B.210, the City Council may approve and enter into a development agreement with any person, partnership, corporation or other entity having ownership or control of real property. The execution of a development agreement is a proper exercise of the City’s police power and contract authority.
(2) Development agreements set forth the development standards and other provisions that apply to and govern and vest a development, use, and mitigation of the development of the real property for the duration specified in the agreement. Development agreements may provide public benefits such as affordable housing, pedestrian-oriented communities, mixed use development and creation of public amenities such as parks and open spaces.
(3) A development agreement shall be consistent with applicable development regulations adopted by the City Council. (Ord. 706 § 47 (Att. A), 2020)
21.85.030 Procedures.
(1) An application for a development agreement must be submitted and applicable fees paid to the City to formally begin the development agreement review process. Applicants are encouraged to engage the City prior to submitting a development agreement application to determine what information is necessary for reviewing the development agreement.
(2) After providing a notice of hearing as set forth in WMC 21.80.120, the Planning Commission shall hold a public hearing on a proposed development agreement prior to the City Council acting on the proposed agreement.
(3) The Planning Commission shall send the proposed development agreement along with any public comments and recommendations to the City Council.
(4) Nothing in this section shall prevent the City from establishing on a case-by-case basis additional procedures for reviewing and deciding a development agreement. (Ord. 706 § 47 (Att. A), 2020)
21.85.040 Decision criteria.
The City Council may at its sole discretion approve by resolution and enter into a development agreement if the City Council finds the agreement:
(1) Is consistent with the City’s Comprehensive Plan;
(2) Is consistent with development regulations;
(3) Promotes the general welfare by balancing the public and private interests, providing reasonable certainty for a development project, and addressing other matters, including reimbursement over time for the financing of public facilities;
(4) Provides such public benefits as agreed to between the applicant and the City; and
(5) Is in the City’s best interest. (Ord. 706 § 47 (Att. A), 2020)
21.85.050 Decision not applicable to other development agreements.
Development agreements are decided on a case-by-case basis. The City Council’s approval of a development agreement does not create an obligation to apply the same terms or conditions on a development agreement for a different proposal. (Ord. 706 § 47 (Att. A), 2020)
21.85.060 Agreement contents.
A proposed development agreement shall, at a minimum, include provisions required by RCW 36.70B.170 through 36.70B.210, and shall set forth the development standards and other provisions that shall apply to and govern the use and development of the real property for the duration specified in the agreement, as the agreement may be amended from time to time, the total duration not to exceed 10 years. An agreement may also contain such other provisions as the City and the property owner or person controlling the property may mutually agree on, such as, but not limited to, the financing for or timing of mitigation and the vesting of development rights. Each development agreement shall include findings of consistency for any modification to existing regulations and standards. (Ord. 706 § 47 (Att. A), 2020)
21.85.070 Application requirements.
A complete application for a development agreement includes the following:
(1) Name, address, telephone number and e-mail address of the person, partnership, corporation or other entity having ownership or control of real property. If the applicant does not own or control the real property, the applicant must submit a verified statement from the controlling entity that the applicant has the controlling entity’s permission to submit the application;
(2) Address, parcel number and legal description of the property proposed to be subject to the development agreement;
(3) Recent title report confirming that the property identified in the application is owned by the applicant-property owner;
(4) Identification of any application (project permit application, Comprehensive Plan amendment application, development regulation amendment application) that is related to the proposed development agreement;
(5) SEPA checklist;
(6) A completed application form and the application fee established by the City for this purpose; and
(7) If phasing of the development is proposed, identification of the phasing schedule and any phasing of improvements to support the development;
(8) Any other information requested by the Director relevant to the processing of the development agreement. (Ord. 706 § 47 (Att. A), 2020)
21.85.080 Recording.
The development agreement shall include a provision that requires the applicant to record the agreement with the county auditor of the county in which the subject property is located. (Ord. 706 § 47 (Att. A), 2020)
21.85.090 Amendments.
Amendments to an approved development agreement shall be as prescribed by the development agreement. If a development agreement does not include terms for amendments, then amendments shall follow the procedures set forth in WMC 21.85.030. (Ord. 706 § 47 (Att. A), 2020)