Chapter 18.105
DEVELOPMENT AGREEMENTS
Sections:
18.105.025 Normandy Park commercial areas.
18.105.050 General provisions.
18.105.010 Purpose.
To define the development of property in order to implement framework goals to achieve the city’s adopted vision as stated in the comprehensive plan. A development is permitted as described in this chapter, and may modify development standards contained in this title. (Ord. 1054 § 10, 2023).
18.105.015 Intent.
The city of Normandy Park finds that a lack of certainty in the approval of development projects can result in a waste of public and private resources, escalate housing costs for consumers and discourage the commitment to comprehensive planning which would make maximum efficient use of resources at the least economic cost to the public. Assurance to a development project applicant that upon government approval the project may proceed in accordance with existing policies and regulations, and subject to conditions of approval, all as set forth in a development agreement, will strengthen the public planning process, encourage private participation and comprehensive planning, and reduce the economic costs of development. Further, the lack of public facilities and services is a serious impediment to development of new housing and commercial uses. Project applicants and local governments may include provisions and agreements whereby applicants are reimbursed over time for financing public facilities.
A development agreement may obligate a party to fund or provide services, infrastructure, or other facilities for the public benefit. 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. 1054 § 11, 2023).
18.105.020 Scope.
(1) Development Agreements. Development and redevelopment activity may be accomplished using development agreements (RCW 36.70B.170 through 36.70B.210) as codified in this chapter, as an alternative to Chapter 18.100 NPMC, within the following defined areas:
(a) Single property or assemblage of coterminous property located in commercial, mixed-use, and R-7.2 zones within the boundaries of the Normandy Park commercial areas (see Map 18.105.025). (Ord. 1054 § 12, 2023).
18.105.025 Normandy Park commercial areas.
(Ord. 1054 § 14, 2023).
18.105.030 Permit and review.
(1) Development agreements shall be processed as provided for in Chapter 18.150 NPMC (Process V) and may use the binding site plan process in Chapter 17.54 NPMC as an alternative to subdivision.
(2) Upon city council approval of a development agreement under the procedures set forth here, the property owner shall execute and record the development agreement with the King County recorder’s office to run with the land and bind and govern development of the property. (Ord. 1054 § 13, 2023).
18.105.050 General provisions.
A development agreement must set forth the development standards and other provisions that shall apply to, govern, and vest the development, use, and mitigation of the development of the real property for the duration specified in the agreement.
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 under Chapter 43.21C RCW;
(4) Design standards such as maximum heights, setbacks, drainage and water quality requirements, landscaping, and other development features;
(5) Affordable housing;
(6) Parks and open space preservation;
(7) Provision of planned pedestrian and bicycle facilities;
(8) Phasing;
(9) Review procedures and standards for implementing decisions may include the use of the binding site plan (BSP) process to assemble and re-assemble properties;
(10) A build-out or vesting period for applicable standards;
(11) Any other appropriate development requirement or procedure; and
(12) Development agreement amendment and expiration. (Ord. 1054 § 14, 2023).