Chapter 30.75
DEVELOPMENT AGREEMENTS

Sections:

30.75.010    Purpose and applicability.

30.75.020    Procedure: development agreements.

30.75.100    Decision criteria.

30.75.130    Development regulations applicable to essential public facilities.

30.75.200    Recording required.

30.75.210    Modification of development agreement.

30.75.300    Appeal of development agreement.

30.75.010 Purpose and applicability.

(1) The purpose of this chapter is to set forth the decision-making and appeal procedures for development agreement applications. In adopting these provisions, the county acknowledges the benefits of providing certainty regarding applicable development standards, uses, and/or mitigation for major projects or long-term, phased proposals.

(2) This chapter applies to development agreement applications made pursuant to RCW 36.70B.170 - 36.70B.210 and this chapter. These provisions do not apply to or affect the validity of any contract rezone, concomitant agreement, annexation agreement or other agreement in existence on or before the effective date of this chapter, or adopted under separate authority, even though such agreements may also relate to development standards, mitigation, and other regulatory requirements.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.75.020 Procedure: development agreements.

(1) This section shall not apply to the review of development agreements for projects to site, construct, operate or expand essential public facilities. For those facilities, the development agreement shall be presented to the county council for approval upon the adoption of an ordinance meeting the requirements of chapter 30.42D SCC and SCC 30.75.100. The county council may not preclude the siting of an essential public facility. Procedures for the review of permits applicable to such facilities shall be specified in the development agreement.

(2) Development agreements shall be reviewed in the manner and following the procedures established in chapters 30.70 and 30.72 SCC, except as follows:

(a) The hearing examiner’s decision, as set forth in SCC 30.72.060, shall be a recommendation to the county council instead of a decision, provided that any decision on a Type 1 appeal of a SEPA threshold determination shall be a final decision;

(b) Each hearing examiner recommendation shall include a proposed ordinance for council consideration that would adopt the hearing examiner’s recommendation as a final decision;

(c) A party of record may request review of the hearing examiner’s recommendation by the county council using the same process as required for appeal of a Type 2 decision; and

(d) If no party of record requests review of the hearing examiner’s recommendation, the department shall forward the recommendation to the county council for a closed record hearing, allowing for a presentation to the council by the applicant and the department regarding the recommendation and the proposed ordinance.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Emerg. Ord. 05-126, Dec. 7, 2005; Eff date Dec. 7, 2005; Amended by Ord. 13-067, Sep. 25, 2013, Eff date Oct. 11, 2013)

30.75.100 Decision criteria.

The county council may adopt a development agreement upon passage of an ordinance with findings that:

(1) The proposed agreement is compatible with the goals and policies of the comprehensive plan;

(2) The proposed agreement is consistent with applicable development regulations, unless modified pursuant to SCC 30.75.130;

(3) The proposed agreement provides for adequate mitigation of adverse environmental impacts; provided that if the development is not defined at a project level, the agreement shall provide a process for evaluating and appropriately mitigating such impacts in the future; and

(4) The proposed agreement reserves authority to impose new or different regulations to the extent required by a serious threat to public health and safety.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Emerg. Ord. 05-126, Dec. 7, 2005, Eff date Dec. 7, 2005)

30.75.130 Development regulations applicable to essential public facilities.

The county council may approve a development agreement that creates exemptions or modifications to the requirements of this title and is consistent with chapter 30.42D SCC in order to allow for the siting, development or expansion of an essential public facility.

(Added Emerg. Ord. 05-126, Dec. 7, 2005, Eff date Dec. 7, 2005; Amended by Ord. 13-067, Sep. 25, 2013, Eff date Oct. 11, 2013)

30.75.200 Recording required.

A development agreement shall be recorded with the real property records of the county auditor and shall be binding during its term on the parties and their successors, including any city that assumes jurisdiction through incorporation or annexation of the area covered by the development agreement.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.75.210 Modification of development agreement.

Modification of an approved development agreement shall require processing as a new development agreement, except that a development agreement may provide a range of modifications that may be approved by the department.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.75.300 Appeal of development agreement.

(1) A development agreement shall be subject to appeal in superior court in accordance with the provisions of the land use petition act, chapter 36.70C RCW.

(2) The cost of transcribing the record of proceedings, of copying photographs, video tapes, and any oversized documents, and of staff time spent in copying and assembling the record and preparing the record for filing with the court shall be borne by the party filing the petition. If more than one party appeals the decision, the costs of preparing the record shall be borne equally among the appellants.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)