Chapter 18.27


18.27.010    Development agreement – Authorized.

18.27.020    Development agreement – Purpose.

18.27.025    Development agreement – Review process and fees.

18.27.030    Development agreement – Application requirements.

18.27.040    Development standards, flexibility.

18.27.050    Exercise of city police power and contract authority.

18.27.060    Form.

18.27.070    Conditions of approval.

18.27.010 Development agreement – Authorized.

The city may enter into a development agreement with a person having ownership or control of real property within its jurisdiction. The city may enter into a development agreement for real property outside its boundaries as part of a proposed annexation or a service agreement. A development agreement must set forth the development standards and other provisions that shall 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. (Ord. 1256 § 1 (part), 2006).

18.27.020 Development agreement – Purpose.

A. The purpose of this development agreement chapter is to implement RCW 36.70B.170 which authorizes the city to enter into “development agreements” with persons having ownership or control of real property. In adopting such statute, the city council concurs with the Washington State legislative findings as follows:

The 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. It is the intent of the Legislature by RCW 36.70B.170 through 36.70B.210 to allow local governments and owners and developers of real property to enter into development agreements;

B. Additionally, the city council found that development agreements may be appropriate in certain circumstances as a means to consolidate numerous issues involved in complex development projects into a single controlling instrument, benefiting the city, its citizens, and members of the regulated public; and

C. The city council found that the use of development agreements may further the objective of the comprehensive plan and development regulations adopted pursuant to the comprehensive plan. (Ord. 1256 § 1 (part), 2006).

18.27.025 Development agreement – Review process and fees.

A. A duly noticed public hearing pursuant to RCW 36.70B.200 and recommendation on the development agreement shall be made to the city council by the planning commission. The development agreement shall be subject to review and approval by the city council based on the record of the planning commission hearing. The decision of the city council to approve or reject a request for a development agreement shall be a discretionary, legislative act.

B. Fees for a development agreement review shall be as established by city schedule and collected at the time of the development agreement application. (Ord. 1256 § 1 (part), 2006).

18.27.030 Development agreement – Application requirements.

Applicants for a development agreement shall meet first with the technical review committee of the city to review the codes and policies applicable to the proposed application. Applications for development agreements shall include, but are not limited to, the following:

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, application fees, administrative charges, inspection fees, drafting fees, or dedications;

C. Concurrent provisions of water, sewer, transportation facilities, and storm drainage under Chapter 20.12 NBMC, along with mitigation measures, development conditions, and other requirements under Chapter 14.04 NBMC, protection of critical areas under Chapters 14.05 through 14.12 NBMC, and stormwater management under Chapter 14.16 NBMC;

D. Design standards such as maximum heights, setbacks, drainage and water quality requirements, building architectural elements, lighting, landscaping, parking, and other development features in this title;

E. Affordable housing;

F. Parks and open space preservation;

G. Phasing;

H. Review procedures and standards for implementing decisions;

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

J. A written analysis of consistency with the comprehensive plan; and

K. Any other development agreement application requirement or procedure deemed appropriate by the city council. (Ord. 1256 § 1 (part), 2006).

18.27.040 Development standards, flexibility.

A development agreement shall be consistent with applicable development regulations to the fullest extent possible; provided, a development agreement may allow development standards different from those otherwise imposed under the North Bend Municipal Code in order to provide flexibility to achieve public benefits, respond to changing community needs, or encourage modifications that provide the functional equivalent or adequately achieve the purposes of otherwise applicable city standards. Any development standards approved pursuant to a development agreement that differ from those in this code shall not require any further zoning reclassification, variance from city standards or other city approval apart from development agreement approval. The development standards as approved through a development agreement shall apply to and govern the development and implementation of each covered site in lieu of any conflicting or different standards or requirements elsewhere in the North Bend Municipal Code. Subsequently adopted standards that differ from those of a development agreement adopted by the city as provided in this chapter shall apply to the covered development project only where necessary to address imminent public health and safety hazards or where the development agreement specifies a time period or phase after which certain identified standards can be modified. Determination of the appropriate standards for future phases which are not fully defined during the initial approval process may be postponed. Building permit applications shall be subject to the building codes in effect when the permit is applied for. (Ord. 1256 § 1 (part), 2006).

18.27.050 Exercise of city police power and contract authority.

As provided in RCW 36.70B.170(4), the execution of a development agreement is a proper exercise of the city’s police power and contract authority. Accordingly, 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 a serious threat to public health and safety. (Ord. 1256 § 1 (part), 2006).

18.27.060 Form.

Development agreements shall be consistent with RCW 36.70B.170 through 36.70B.210. All development agreements shall be in form and content as approved by the city attorney. (Ord. 1256 § 1 (part), 2006).

18.27.070 Conditions of approval.

In approving a development agreement, conditions of approval shall at a minimum establish:

A. A site plan for the entire project, showing locations of critical areas and buffers, required open spaces, perimeter buffers, location and range of densities for residential development, and location and size of nonresidential development;

B. The expected build-out time period for the entire project and the various phases;

C. Project phasing and other project-specific conditions to mitigate impacts on the environment, on public facilities and services including transportation, utilities, drainage, police and fire protection, schools, and parks;

D. Road and stormwater design standards that shall apply to the various phases of the project;

E. Bulk design and dimensional standards that shall be implemented throughout subsequent development within the project;

F. The size and range of uses authorized for any nonresidential development within the project;

G. The minimum and maximum number of residential units for the project;

H. Any sewer and/or water comprehensive utility plans or amendments required to be completed before development can occur; and

I. Conceptual plans for open space, recreation, parking, landscaping, lighting and building design. (Ord. 1256 § 1 (part), 2006).