Chapter 17.140DEVELOPMENT AGREEMENTS

Sections:

17.140.010
Purpose.
17.140.020
General requirements.
17.140.030
Minimum standards to be addressed.
17.140.040
Procedures.
17.140.050
Effect of agreement.

1Editor’s note: Ord. No. 1328, § 1, adopted June 22, 2010, amended Ch. 17.140 in its entirety to read as herein set out. Former Ch. 17.140, §§ 17.140.010 – 17.140.050, pertained to similar subject matter, and derived from Ord. 1147, § 1, adopted 2001.

17.140.010Purpose.

The purpose of this chapter is to authorize and establish the means by which the city may enter into development agreements established by RCW 36.70.170.

(Ord. 1328 § 1, 2010)

17.140.020General requirements.

A. A development agreement is an optional means, within the legislative discretion of the city council, to facilitate development of a limited geographical area.

B. The city and the property owner(s) must be a party to the development agreement. The county, special service districts, school districts, utilities, contract purchasers, lenders, and third-party beneficiaries may be considered for inclusion in the development agreement.

C. A development agreement shall establish the standards that are applicable to the development and other conditions that control the development, use, and mitigation of the property subject to the development agreement.

D. A development agreement can be entered into before, concurrent with, or following approval of the project permits for development of the property.

(Ord. 1328 § 1, 2010)

17.140.030Minimum standards to be addressed.

A. Development agreements shall include the following types of development controls, standards, and conditions:

1. Limits on density, permitted uses, residential densities, commercial floor area or acreage limitations, and/or building sizes;

2. Mitigation measures identified through the environmental review process and/or critical area regulations;

3. Design standards for buildings and other improvements including height, setbacks, architecture, landscaping, and site design;

4. Parks and open space preservation and/or dedication; and

5. Other appropriate requirements.

B. Controls, standards, and conditions may be established by referencing the applicable sections of the Cle Elum Municipal Code. By the terms of a development agreement, the city council may vary or deviate from the otherwise applicable sections of the Cle Elum Municipal Code.

C. Development agreements must specify a termination date for the agreement, establish a vesting period and specify the regulations that the development will vest to, and reserve the authority for the City of Cle Elum to impose new or different regulations and conditions to the extent required by a serious threat to public health and safety or the environment.

(Ord. 1328 § 1, 2010)

17.140.040Procedures.

The following procedure will be used for development agreements:

A. A development agreement shall be initiated by written request from the property owner(s) to the city outlining the area proposed for the development agreement and the reasons a development agreement is being pursued;

B. If the city council determines that a development agreement is an appropriate method to handle the proposed development, the property owner shall be so informed;

C. When a development agreement is being considered, the applicant shall provide the city with plans with sufficient detail to determine the extent of development and its impacts. The city planner shall specify in writing the required materials that must be submitted with the development agreement;

D. The city council in its sole discretion may approve a development agreement; and

E. An approved and fully executed development agreement shall be recorded with the county auditor.

(Ord. 1328 § 1, 2010)

17.140.050Effect of agreement.

A. A development agreement is binding on the parties and their successors in interest;

B. A development agreement shall run with the land;

C. A development agreement is enforceable only by a party to the agreement; and

D. Any future project permit issued by the city shall be consistent with the development agreement as long as the agreement is in effect.