Chapter 19.85
DEVELOPMENT AGREEMENTS
Sections:
19.85.020 Authority – Scope – Consistency.
19.85.030 Content of development agreement.
19.85.040 Initiation of proposals.
19.85.050 Preparation of development agreement.
19.85.080 Preapplications required.
19.85.090 Compliance with State Environmental Policy Act.
19.85.110 Timing of public hearings.
19.85.120 Factors to be considered in review of a development agreement.
19.85.150 Public hearing and city council action.
19.85.160 Notice of final decision.
19.85.200 Amendment of development agreement.
19.85.210 Minor modification of development plan.
19.85.010 Purpose.
Development agreements may be used at the city’s discretion. Development agreements may be used where the project is larger in scope and/or has potentially larger impacts than normal, or where the city may desire to place certain restrictions or permissions on the proposal, or in other circumstances the city deems appropriate. The intent of a development agreement is not to waive requirements normally associated with a proposed use, rather to provide greater flexibility and predictability to the applicant while providing a benefit to the city of equal or greater value relative to any departure provided.
(Ord. No. 23-972, § 3, 11-8-23; Ord. No. 02-426, § 3, 10-15-02. Code 2001 § 22-1660.)
19.85.020 Authority – Scope – Consistency.
(1) Authority. Pursuant to RCW 36.70B.170, the city may enter into a development agreement with a person having ownership or control of real property within its jurisdiction. The execution of a development agreement is a proper exercise of city police power and contract authority. A development agreement may obligate a party to fund or provide services, infrastructure, or other facilities. A development agreement shall reserve authority to impose new or different regulations to the extent required by serious threat to public health and safety.
(2) Scope. Development agreements shall not be allowed for proposals that are smaller than five acres, or where the majority of the properties subject to the proposal are single-family residential in use.
(3) Consistency with comprehensive plan. Development agreements shall be consistent with the city comprehensive plan. If a comprehensive plan amendment is needed in order to make a proposed development agreement consistent with Chapter 3 (Transportation) of the comprehensive plan, such comprehensive plan amendment must be considered and approved by the city council at a city council meeting prior to the city council meeting at which final action is taken on the development agreement.
(Ord. No. 23-972, § 4, 11-8-23; Ord. No. 02-426, § 3, 10-15-02. Code 2001 § 22-1661.)
19.85.030 Content of development agreement.
(1) A development agreement must set forth the development standards and other provisions that apply to and govern and vest the development, use, and mitigation of the development of the real property for the duration specified in the agreement.
(2) A development agreement shall be consistent with all applicable city development regulations except where modified by, or in conflict with, the development standards specified in the development agreement. In the case of such a modification or conflict, the development standards specified in the development agreement shall control. Modifications to, or departures from, otherwise-applicable city development regulations in the development agreement shall, in the judgment of the city, be offset by providing a benefit to the city of equal or greater value relative to the departure provided.
(3) A development agreement shall not modify or waive the provisions of Chapter 19.91 FWRC, Transportation Impact Fees, and/or vest to traffic impact fee, except a development agreement may provide for vesting to the traffic impact fee in effect at the time of approval of the development agreement for a period of up to 10 years. For each year after the first, the amount of the vested traffic impact fee shall be adjusted by the annual change in the June Consumer Price Index (CPI) for the Seattle area.
(4) A development agreement shall not modify or waive the provisions of Chapter 19.90 FWRC, Transportation Concurrency Management.
(5) A development agreement shall not modify, waive, or vest to building, plumbing, fire, or other construction codes adopted pursuant to Chapter 19.27 or 19.27A RCW.
(6) A development agreement shall not modify, waive, or vest to development regulations or other enacted requirements adopted pursuant to state or federal mandates such as the city’s NPDES municipal stormwater permit.
(7) For the purpose of this section, “development standards” may include, but is not limited to:
(a) Project elements such as permitted uses, residential densities, and nonresidential densities and intensities or building sizes;
(b) 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, inspections fees, or dedications;
(c) Mitigation measures, development conditions, and other requirements under Chapter 43.21C RCW. Design standards such as maximum heights, setbacks, drainage, and water quality requirements, landscaping, and other development features;
(d) Affordable housing;
(e) Parks and open space preservation;
(f) Phasing;
(g) Review procedures and standards for implementing decisions;
(h) A build-out or vesting period for applicable standards; and
(i) Any other appropriate development requirement or procedure.
(Ord. No. 23-972, § 5, 11-8-23; Ord. No. 02-426, § 3, 10-15-02. Code 2001 § 22-1662.)
19.85.040 Initiation of proposals.
A proposal that will be reviewed using this chapter may be initiated by city council or council committee, or requested by the planning commission, city staff, or applicant.
(Ord. No. 02-426, § 3, 10-15-02. Code 2001 § 22-1663.)
19.85.050 Preparation of development agreement.
(1) Based on council direction, and after consultation with the applicant, the city shall determine the parameters of the development agreement in accordance with FWRC 19.85.030, Content of development agreement.
(2) If a development plan under FWRC 19.85.100 is required by the city or provided by the applicant, it shall accompany the development agreement for review and action by the city council. The applicant shall prepare any such development plan, which must be consistent with the parameters of the development agreement. The development plan may vary in the amount of detail to be included.
(Ord. No. 23-972, § 6, 11-8-23; Ord. No. 02-426, § 3, 10-15-02. Code 2001 § 22-1664.)
19.85.060 Applications.
(1) Who may apply. Any person may, personally or through an agent, apply for a decision regarding property he or she owns.
(2) How to apply. The applicant shall file the following information with the department of community development:
(a) A completed application, with supporting affidavits, on forms provided by the department of community development;
(b) Two sets of stamped envelopes, and a list of the same, labeled with the name and address of all current owners of real property, as shown in the records of the county assessor for the subject property, within 300 feet of each boundary of the subject property;
(c) A copy of the county assessor’s map identifying the properties specified in subsection (2)(b) of this section;
(d) A vicinity map showing the subject property with enough information to locate the property within the larger area;
(e) Any information or material that is specified in the provision of this title that describes the applied-for decision;
(f) All information specified in FWRC 19.15.040. The detail to be included in the development plan shall be related to the nature and scope of the project and its potential impacts; and
(g) Any additional information or material that the director of community development determines is reasonably necessary for a decision on the matter.
(3) Fee. With the application the applicant shall submit the fee established by the city. The application will not be accepted unless it is accompanied by the required fee and meets the requirements of FWRC 19.15.040 and this section relating to what constitutes a complete application.
(Ord. No. 23-972, § 7, 11-8-23; Ord. No. 02-426, § 3, 10-15-02. Code 2001 § 22-1665.)
19.85.070 Official file.
(1) Contents. The city shall compile an official file on the application containing the following:
(a) All application materials submitted by the applicant.
(b) The staff report.
(c) All written comments received on the matter.
(d) The electronic recording of the city council on the matter.
(e) The decision on the development agreement by the city council.
(f) Any other information relevant to the matter.
(2) Availability. The official file is a public record. It is available for inspection and copying in the department of community development during regular business hours.
(Ord. No. 23-972, § 8, 11-8-23; Ord. No. 02-426, § 3, 10-15-02. Code 2001 § 22-1666.)
19.85.080 Preapplications required.
All applicants seeking approval of a development agreement must apply for a preapplication conference with the city’s development review committee (DRC).
(Ord. No. 23-972, § 9, 11-8-23; Ord. No. 02-426, § 3, 10-15-02. Code 2001 § 22-1667.)
19.85.090 Compliance with State Environmental Policy Act.
The State Environmental Policy Act applies to some of the decisions that will be made using this chapter. The director of community development shall evaluate each proposal and, where applicable, comply with the State Environmental Policy Act and with state regulations and city ordinances issued under authority of the State Environmental Policy Act. Any appeal of the threshold determination must be consolidated with any appeal of the administrative decision on community design guidelines and with any hearing on an application for process IV approval.
(Ord. No. 23-972, § 10, 11-8-23; Ord. No. 02-426, § 3, 10-15-02. Code 2001 § 22-1668.)
19.85.100 Development plan.
Any development plan accompanying the development agreement shall be subject to process III including community design guidelines requirements. The application shall not be complete until a draft development agreement has been prepared and a development plan conforming to the parameters of the development agreement and meeting all pertinent requirements has been submitted. Any appeal of the hearing examiner’s decision on the appeal of a director’s decision shall be heard at the same time that the city council conducts a public hearing on the development agreement and development plan pursuant to FWRC 19.85.150.
(Ord. No. 09-594, § 156, 1-6-09; Ord. No. 02-426, § 3, 10-15-02. Code 2001 § 22-1669.)
19.85.110 Timing of public hearings.
Any requests associated with the development plan requiring a public hearing by the hearing examiner shall be heard by the hearing examiner prior to the public hearing by the city council on the development agreement and development plan. The hearing examiner’s review shall follow the provisions of Chapter 19.70 FWRC, Process IV – Hearing Examiner, and shall be limited to that particular aspect under his or her purview and shall not extend to either the development agreement or development plan.
(Ord. No. 23-972, § 11, 11-8-23; Ord. No. 02-426, § 3, 10-15-02. Code 2001 § 22-1670.)
19.85.120 Factors to be considered in review of a development agreement.
The city may consider, but is not limited to, the following factors when considering a development agreement:
(1) Compatibility with and impact on adjacent land uses and surrounding neighborhoods;
(2) Adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools;
(3) Potential benefits of the proposal to the community; and
(4) Effect upon the comprehensive plan.
(Ord. No. 23-972, § 12, 11-8-23; Ord. No. 02-426, § 3, 10-15-02. Code 2001 § 22-1671.)
19.85.130 Notice.
Notice provisions under this section shall be followed for the public hearing held by the city council.
(1) Contents. The director of community development shall prepare a notice of the proposal, for which a public hearing will be held, containing the following information:
(a) Description of purpose of hearing.
(b) The name of the applicant and the project name (if applicable).
(c) A statement of what comprehensive plan and zoning designation will be directly affected or changed by the proposal.
(d) The street address of the subject property or, if this is not available, a description of the location of the proposal in nonlegal language. Except for notice published in the newspaper of general circulation in the city, the notice must also include a vicinity map that identifies the subject property.
(e) The date, time, and place of the public hearing.
(f) A statement of the availability of the official file.
(g) A statement of the right of any person to submit written comments to the council and to appear at the public hearing of the council to give comments orally.
(h) A statement that only persons who previously submitted comments to the planning commission or city council during the comprehensive plan amendment process or at this time, participates in the public hearing on the development agreement by submitting written comments to the city council or by participating in the public hearing or specifically requested a copy of the city council’s decision on the development agreement and plan may appeal the city council’s decision.
(i) The identification of existing environmental documents that evaluate the proposed project and the location where the application and any studies can be reviewed.
(2) Distribution. The director of community development shall distribute this notice at least 14 calendar days before the public hearing as follows:
(a) A copy will be sent to the persons receiving the property tax statements for all property within 300 feet of each boundary of the subject property.
(b) A copy will be published in the newspaper of general circulation in the city.
(c) A copy will be posted on the official notification boards of the city.
(3) Public notification sign. The applicant shall erect at least one public notification sign, which complies with standards developed by the department of community development. This sign shall be located on or near the subject property facing the right-of-way or vehicle access easement or tract providing direct vehicle access to the subject property. The director of community development may require the placement of additional public notice signs on or near the subject property if he or she determines that this is appropriate to provide notice to the public.
(a) Timing. The applicant shall be responsible for installing the public notification sign or signs at least 10 calendar days before the public hearing and removing them within seven calendar days after the final decision of the city on the matter.
(Ord. No. 23-972, § 13, 11-8-23; Ord. No. 02-426, § 3, 10-15-02. Code 2001 § 22-1672.)
19.85.140 Staff report.
(1) Contents. The director of community development shall prepare a staff report for the public hearing by the city council containing the following information:
(a) All pertinent application materials.
(b) All comments regarding the matter received by the department of community development prior to distribution of the staff report.
(c) An analysis of the application under the relevant provisions of this title and the comprehensive plan.
(d) A statement of the facts found by the director of community development and the conclusions drawn from those facts.
(e) A recommendation on the matter.
(2) Distribution. At least seven calendar days before the hearing, the director of community development shall distribute the staff report as follows:
(a) A copy will be sent to the members of the city council.
(b) A copy will be sent to the applicant.
(c) A copy will be sent to each person who has specifically requested it.
(Ord. No. 23-972, § 14, 11-8-23; Ord. No. 02-426, § 3, 10-15-02. Code 2001 § 22-1673.)
19.85.150 Public hearing and city council action.
(1) Generally. The city council shall consider the application for approval of the development agreement and any associated development plan in a public hearing. If there are any appeals of a hearing examiner’s decision of an appeal of a threshold determination, an appeal of a community design guidelines decision, or a process IV request, these appeals shall be heard in a closed record appeal hearing, as defined in RCW 36.70B.020(1) at the same time as the public hearing on the development agreement and any associated development plan.
(2) City council decision on appeals. In making a decision on the appeals, the council shall follow the procedures in process IV.
(3) Scope of review of development agreement and development plans. The city council shall consider the request for approval of the development agreement and any associated development plan based on the decisional criteria of this title describing the proposal.
(4) City council action. After consideration of the entire matter and upon approval by a majority of the total membership, the city council shall take one of the following actions:
(a) The city council has the option to:
(i) Grant the application as proposed, or modify and grant the application. In either case, it shall give effect to this decision by adopting an ordinance.
(ii) Deny the application. The city council shall give effect to a denial by adopting a resolution.
(iii) Findings of fact and conclusions. The city council shall include in the ordinance or resolution:
(A) A statement of the facts that support the decision, including any conditions and restrictions that are imposed; and
(B) The city council’s conclusions based on those facts.
(5) Effect. The decision of city council is the final decision of the city.
(Ord. No. 23-972, § 15, 11-8-23; Ord. No. 09-594, § 157, 1-6-09; Ord. No. 02-426, § 3, 10-15-02. Code 2001 § 22-1674.)
19.85.160 Notice of final decision.
(1) General. Following the final decision by the city council, the director of community development shall prepare a notice of the city’s final decision on the application.
(2) Distribution. After the city council’s decision is made, the director of community development shall distribute a copy of the notice of the final decision as follows:
(a) A copy will be mailed to the applicant.
(b) A copy will be mailed to any person who submitted written or oral comments to the city council.
(c) A copy will be mailed to each person who has specifically requested it.
(d) A copy will be mailed to the King County assessor.
(Ord. No. 23-972, § 16, 11-8-23; Ord. No. 02-426, § 3, 10-15-02. Code 2001 § 22-1675.)
19.85.170 Judicial review.
Pursuant to RCW 36.70B.200, the action of the city in granting or denying an application under this chapter may be reviewed pursuant to Chapter 36.70C RCW in King County superior court. The land use petition must be filed within 21 calendar days after the final land use decision of the city.
(Ord. No. 02-426, § 3, 10-15-02. Code 2001 § 22-1676.)
19.85.180 Term of agreement.
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 part of build out period specified in the agreement, and may not be subject to an amendment to a zoning ordinance or development standard or regulation adopted after the effective date of the agreement unless specifically provided for in the agreement. A permit or approval issued by the city after the execution of the development agreement must be consistent with the development agreement.
(Ord. No. 23-972, § 17, 11-8-23; Ord. No. 02-426, § 3, 10-15-02. Code 2001 § 22-1677.)
19.85.190 Recording.
A development agreement shall be recorded within 90 days of the final decision by the city council with the King County department of records. During the term of the development agreement, the agreement is binding on the parties and their successors.
(Ord. No. 23-972, § 18, 11-8-23; Ord. No. 02-426, § 3, 10-15-02. Code 2001 § 22-1678.)
19.85.200 Amendment of development agreement.
Amendments to the terms of the development agreement shall be done only by a written instrument executed by all parties pursuant to the procedures of this chapter, or as may be amended, or as otherwise provided for in the agreement. The city will process and decide upon an application for an amendment as if it were an application for a new development agreement, unless otherwise provided for in the agreement.
(Ord. No. 23-972, § 19, 11-8-23; Ord. No. 02-426, § 3, 10-15-02. Code 2001 § 22-1679.)
19.85.210 Minor modification of development plan.
The director of community development may approve minor modifications to the development plan on a case-by-case basis using process III described in Chapter 19.65 FWRC. Criteria for approving minor modifications include but are not limited to the following guidelines:
(1) Modifications shall conform to the terms of the development agreement;
(2) The change will not result in reducing the total landscaped area, buffer areas, or the amount of open space on the project;
(3) The change will not result in increasing the residential density or gross floor area of the project;
(4) The change will not reduce any required yard;
(5) The change will not result in any increase in height of any structure;
(6) The change will not result in a change in the location of any access point to the project;
(7) The change will not increase any adverse impacts or undesirable effects of the project; and
(8) The change in no way significantly alters the project.
Any modification to the development plan not deemed to be minor shall be considered major and shall be decided upon as if it were an application for a new development agreement.
(Ord. No. 23-972, § 20, 11-8-23; Ord. No. 02-426, § 3, 10-15-02. Code 2001 § 22-1680.)