Chapter 11.16
DEVELOPMENT AGREEMENTS

Sections:

11.16.001    Type of approval.

11.16.002    Authority.

11.16.003    General provisions of development agreements.

11.16.004    Enforceability.

11.16.005    Form of agreement, council approval, public hearing, recordation, appeal.

11.16.001 Type of approval.

Development agreements shall accompany and be processed in conjunction with the underlying project permit application, approval or annexation request, except as otherwise provided in BMC 12.64.108. The type of project permit application or other approval shall control the type of application, as more specifically described in Chapter 11.04 BMC. (Ord. 2215 § 3 (Exh. B1), 2016; Ord. 1691 § 1, 1997; Ord. 1628 § 1, 1996).

11.16.002 Authority.

A.    The execution of a development agreement is a proper exercise of city police power and contract 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 defined in RCW 36.70A.030(15), or as designated by the county pursuant to RCW 36.70A.110) as part of a proposed annexation or a service agreement.

B.    A development agreement shall be consistent with applicable development regulations adopted by the city under Chapter 36.70A RCW, except as otherwise allowed by BMC 12.64.108. (Ord. 2215 § 3 (Exh. B1), 2016; Ord. 1691 § 1, 1997; Ord. 1628 § 1, 1996).

11.16.003 General provisions of development agreements.

A.    The development agreement must include the following:

1.    The development standards and other provisions that shall apply to and govern and vest the development, use and mitigation of the development of real property for the duration of the agreement;

2.    Project components which define and detail the permitted uses, residential densities, nonresidential densities and intensities, building sizes, or nonresidential floor area;

3.    Location of buffers, landscaping or open space;

4.    The amount and payment of impact fees imposed or agreed to in accordance with any applicable provisions of state law, local ordinance, any reimbursement provisions, other financial contributions by the property owner, inspection fees, or dedications;

5.    Mitigation measures, development conditions and other requirements of Chapter 43.21C RCW;

6.    Design standards such as architectural treatment, maximum heights, setbacks, landscaping, drainage and water quality requirements and other development features;

7.    Provisions for affordable housing;

8.    Parks and common open space preservation;

9.    Review procedures and standards for implementing decisions;

10.    A build-out or vesting period for application standards;

11.    Any other appropriate development requirement or procedure which is based upon a city policy, rule, regulation or standard;

12.    Phasing; and

13.    Protection of the integrity of adjacent established neighborhoods and cultural resources.

B.    The development agreement shall reserve authority to impose new or different regulations to the extent required by a serious threat to the public health or safety.

C.    Notwithstanding the provisions of subsection A of this section, a development agreement among the city, the University of Washington Bothell, and Cascadia College regarding development within the campus district shall be governed by BMC 12.64.108. (Ord. 2215 § 3 (Exh. B1), 2016; Ord. 1691 § 1, 1997; Ord. 1628 § 1, 1996).

11.16.004 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 specified build-out period. The agreement may not be subject to a new or an amendment to a zoning ordinance or development standard adopted after the effective date of the agreement, unless otherwise provided in the agreement. Any permit or approval issued by the city after the execution of the agreement must be consistent with the development agreement. (Ord. 2215 § 3 (Exh. B1), 2016; Ord. 1691 § 1, 1997; Ord. 1628 § 1, 1996).

11.16.005 Form of agreement, council approval, public hearing, recordation, appeal.

A.    Form. All development agreements shall be in the form provided by the city attorney’s office. The city attorney shall approve all development agreements prior to consideration by the city council.

B.    Council Approval. The city council shall only approve development agreements, or amendments thereto, by ordinance after a public hearing by the designated hearing body.

C.    Recordation. Development agreements shall be recorded with the real property records of the county in which the property is located at the cost of the applicant. During the term of the development agreement, the agreement is binding on the parties and their successors in interest.

D.    Appeal. If the development agreement relates to a project permit application, the provisions of Chapter 36.70C RCW shall apply to any appeal of the decision on the development agreement. (Ord. 2215 § 3 (Exh. B1), 2016; Ord. 1691 § 1, 1997; Ord. 1628 § 1, 1996).