Chapter 21.29
DEVELOPMENT AGREEMENTS

Sections:

21.29.010    Purpose.

21.29.020    Authority.

21.29.030    Agreement contents.

21.29.040    Public notice.

21.29.050    Public hearing.

21.29.070    Repealed.

21.29.090    Recording.

21.29.100    Mobile home park preservation.

21.29.200    Decision criteria.

21.29.300    Previously approved land use agreements.

21.29.010 Purpose.

Certainty in the development review process can significantly encourage development or redevelopment of real property. This certainty is especially important for large-scale or multiphase developments that take years to complete and that require substantial financial commitments at an early stage. The city may, when appropriate, enhance certainty by entering into a development agreement with a project sponsor that addresses the “ground rules” for review of the development application and construction of the project. A development agreement provides the opportunity for the city and the developer to agree on the scope and timing of the project, applicable regulations and requirements, mitigation requirements and other matters relating to the development process. A development agreement promotes the general welfare by balancing the public and private interests, providing reasonable certainty for a development project, and addressing other matters, including reimbursement over time for the financing of public facilities. (Ord. 3373 § 7, 2020; Ord. 3340 § 6, 2019)

21.29.020 Authority.

A. Pursuant to RCW 36.70B.170 through 36.70B.210, the city council may approve and enter into a development agreement with any person, partnership, corporation or other entity that controls real property within the city or within the city’s urban growth area.

B. The city council may approve and enter into a proposed development agreement if the council finds, in its sole discretion, that the proposed agreement is consistent with the city’s comprehensive plan, the development regulations and the purpose of this chapter, and that entering into the agreement is in the city’s best interest. (Ord. 3373 § 7, 2020; Ord. 3340 § 6, 2019)

21.29.030 Agreement contents.

A proposed development agreement shall, at a minimum, include provisions required by RCW 36.70B.170 through 36.70B.210, and shall set forth the development standards and other provisions that shall apply to and govern the use and development of the real property for the duration specified in the agreement. An agreement may also contain such other provisions as the city and the property owner or person controlling the property may mutually agree on, such as, but not limited to, the financing for or timing of mitigation and the vesting of development rights. A development agreement shall be consistent with applicable development regulations, including this chapter. (Ord. 3373 § 7, 2020; Ord. 3340 § 6, 2019)

21.29.040 Public notice.

A. The applicable department director shall distribute the notice at least 20 calendar days before the hearing in the following manner:

1. Publishing the notice in the official newspaper of the city (LMC 1.08.010);

2. Posting the notice at the official posting place(s) of the city (LMC 1.12.010) and at the subject property so that the notice is readable from all adjacent public streets; and

3. Mailing the notice by regular mail to owners of property within at least 600 feet of the boundary of the subject property.

B. The notice requirement(s) of this section shall be satisfied by substantial compliance with such requirements. (Ord. 3373 § 7, 2020; Ord. 3340 § 6, 2019)

21.29.050 Public hearing.

A. Prior to acting on a proposed development agreement, the city council shall hold a public hearing on the proposed agreement, at which time all those wishing to speak shall be heard. The applicable department director shall prepare a notice of the public hearing that contains the following:

1. Name of the property/project to which the agreement would apply;

2. Street address and/or a description of the property in nonlegal terms;

3. Statement that a development agreement is proposed for the subject property and reference to this chapter;

4. Brief summary of the proposed development agreement;

5. Date, time and place of the hearing; and

6. Statement of the right of any person to participate in the hearing. (Ord. 3373 § 7, 2020; Ord. 3340 § 6, 2019)

21.29.070 Decision criteria.

Repealed by Ord. 3373. (Ord. 3340 § 6, 2019)

21.29.090 Recording.

The applicant shall be responsible to record the agreement with Snohomish County pursuant to RCW 36.70B.190. (Ord. 3373 § 7, 2020; Ord. 3340 § 6, 2019)

21.29.100 Mobile home park preservation.

The owner of an existing mobile home park that is identified in policy MH-1 of the comprehensive plan may preserve the mobile home park pursuant to a development agreement that:

A. Is processed and approved in accordance with this chapter;

B. Preserves and maintains the mobile home park for a minimum term of five years, which term shall renew automatically for additional periods as agreed to by the city and the owner, unless the owner notifies the city and the residents and occupants of the mobile home park in writing of termination of the development agreement at least one year before the termination date;

C. Includes special rates for water, surface water and sewer service as set forth in this code;

D. Waives all permit, approval, processing and inspection fees for any construction or repair to maintain, operate or improve the mobile home park during the agreement period, and renewals thereof; and

E. Contains additional terms and conditions that are agreed to by the owner and the city council. (Ord. 3373 § 7, 2020; Ord. 3340 § 6, 2019)

21.29.200 Decision criteria.

A. Criteria for Approval. The city council may enter into a development agreement if the following criteria are met:

1. The development agreement must be consistent with the comprehensive plan and any applicable subarea plan;

2. The agreement must provide public benefits, including but not limited to those provided in subsection (C) of this section, that would not otherwise be achieved under the code;

3. The city council determines the agreement serves the public interest, including but not limited to achieving the comprehensive plan and any applicable subarea plan policies;

4. The property is not zoned single-family residential; and

5. The agreement must be consistent with the purpose of this chapter.

B. Flexibility. The development agreement may provide flexibility to the following:

1. Development Regulations. The development agreement may provide flexibility in the development regulations by proposing alternative requirements as agreed to by city council. In no case shall the development agreement allow uses that are not otherwise permitted under this title.

2. Public Infrastructure Requirements. The development agreement may allow modifications to public infrastructure standards to achieve project implementation.

3. Timing. The development agreement may provide flexibility in timing for any division of land, land use, or construction permit review, approval, expiration, or extension requirements.

C. Public Benefits. The city council may seek to balance flexibility for development with additional public benefits by incorporating public benefit elements into the development agreement. The development agreement may include, but need not be limited to, benefits such as the following:

1. Sustainability. The support of sustainability may be sought by including any of the following:

a. Green Building standards such as USGBC LEED or equivalent are incorporated into the development. The level of certification may be determined at time of development agreement approval.

b. Electric vehicle charging stations are provided throughout the development and are made available to the public.

c. Greenhouse gas (GhG) inventories are conducted annually and reported to the city of Lynnwood;

2. Affordable Housing. The development may be required to provide a portion of units to be affordable housing, as defined by RCW 84.14.010. The range of income qualifications, number of units, and term length shall be determined at time of development agreement approval;

3. Park and Open Space. Development may be required to dedicate a portion of land for the use of parks and open space as consistent with the adopted Parks, Recreation, Open Space Plan or any other applicable parks plan. Land dedication may be used to offset park impact fees per Chapter 3.107 LMC;

4. Economic Benefits. The city council may require an economic benefits analysis to be conducted prior to or following the adoption of the development agreement;

5. Public Infrastructure. The development agreement may outline public infrastructure improvements that are provided by the developer. These projects may be credited to applicable service, connection, or impact fees;

6. Public Art and Placemaking. The development agreement may outline elements of public art and other placemaking methods that exceed currently adopted requirements; or

7. Other Public Benefits. The agreement may include other public benefits as proposed by an applicant and approved by the city council. (Ord. 3373 § 7, 2020; Ord. 3340 § 6, 2019)

21.29.300 Previously approved land use agreements.

Previously approved land use agreements including, but not limited to, contract rezones and concomitant zoning agreements shall be terminated concurrent with the approval of a development agreement applicable to the same property. Any amendments or other changes to an approved contract rezone, concomitant zoning agreement, or other land use agreement, shall be adopted as a development agreement. (Ord. 3373 § 7, 2020)