Chapter 15.380
DEVELOPMENT AGREEMENTS

Sections:

15.380.010    Authority.

15.380.020    General provisions of development agreements.

15.380.030    Enforceability.

15.380.040    Approved procedure for development agreements.

15.380.050    No deadline for final decision, form of agreement, term, recordation.

15.380.060    Judicial appeal.

15.380.010 Authority.

The city may enter into a development agreement with a person having ownership or control of real property within the city limits. The city may also enter a development agreement for real property outside of the city limits but within the urban growth area (UGA) as part of a proposed annexation or a service agreement. [Ord. 4656 § 1 (Exh. O2), 2013.]

15.380.020 General provisions of development agreements.

A.    A development agreement shall be consistent with the applicable policies and goals of the city of Ellensburg’s comprehensive plan and all applicable development regulations adopted by the city pursuant to Chapter 36.70A RCW. The development agreement shall specify the following:

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 of Chapter 43.21C RCW (SEPA);

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

5.    Provisions for affordable housing, if applicable;

6.    Parks and common open space preservation;

7.    Review procedures and standards for implementing decisions;

8.    Phasing, if applicable;

9.    A build-out or vesting period for applicable standards; and

10.    Any other appropriate development requirement or procedure.

B.    As provided in RCW 36.70B.170, the 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. 4656 § 1 (Exh. O2), 2013.]

15.380.030 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 build-out period specified in the agreement. The agreement may not be subject to an amendment to a zoning ordinance or development standard or a new zoning ordinance or development standard or regulation adopted after the effective date of the agreement. The permit approval issued by the city after the execution of the agreement must be consistent with the development agreement. [Ord. 4656 § 1 (Exh. O2), 2013.]

15.380.040 Approved procedure for development agreements.

A development agreement is a Type V development project permit application and shall be processed in accordance with the procedures established in this title. A development agreement shall be approved by the Ellensburg city council after a public hearing. [Ord. 4656 § 1 (Exh. O2), 2013.]

15.380.050 No deadline for final decision, form of agreement, term, recordation.

A.    Development agreements are not “project permit applications” as defined in RCW 36.70B.020. Therefore, there is no deadline for processing a development agreement. If an applicant requests that the city execute a development agreement as part of its approval of a project permit application, the applicant must first sign a written waiver of the deadline for issuance of a final decision of the project permit application.

B.    Form. No development agreement shall be presented to the decision-making body unless in a form approved by the city attorney. Every development agreement shall be signed by the property owner and all other parties with a substantial beneficial interest in the property that is the subject of the development agreement, prior to any public hearing held for the purpose of authorizing execution of the development agreement.

C.    Term.

1.    Development agreements may be approved for a maximum period of five years.

2.    In determining the appropriate term for a development agreement, the city council should consider the type, size and location of the development and phasing if proposed.

3.    Extensions. A one-time extension for up to five years may be requested if authorized in the development agreement. If extensions are authorized in a development agreement, an applicant must request the extension at least 60 days prior to expiration. All extension requests shall be reviewed by the city council after a public hearing on the request, unless another process is expressly provided for in the development agreement.

D.    Recordation. A development agreement shall be recorded against the real property records of the Kittitas County assessor’s office. During the term of the development agreement, the agreement is binding on the parties and their successors, including any area that is annexed to the city. [Ord. 4656 § 1 (Exh. O2), 2013.]

15.380.060 Judicial appeal.

If the development agreement relates to a project permit application, the provisions of Chapter 36.70C RCW shall apply to the appeal of the decision on the development agreement. [Ord. 4656 § 1 (Exh. O2), 2013.]