Chapter 18.53
DEVELOPMENT AGREEMENTS

18.53.000    Chapter Contents

Sections:

18.53.010    Authority.

18.53.020    Content of Development Agreement.

18.53.030    Applications.

18.53.040    Timing of Public Hearings.

18.53.050    Notice.

18.53.060    Staff Report.

18.53.070    Public Hearing and City Council Action.

18.53.080    Term of Agreement.

(Ord. 6273 §2, 2003).

18.53.010 Authority

Pursuant to RCW 36.70B.170, the City may enter into a written 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 be consistent with applicable development regulations. A development agreement shall reserve authority to impose new or different regulations to the extent required by serious threat to public health and safety.

(Ord. 6273 §2, 2003).

18.53.020 Content of Development Agreement

A development agreement shall set forth the duration of the agreement, the development standards and other provisions that apply to and govern and vest the development, the land use or development description, and any mitigation of the development of the real property. Any person intending to propose a development agreement shall first meet with the Director of Community Planning and Development for purposes of understanding the parameters of the proposal and applicable procedures.

(Ord. 6273 §2, 2003).

18.53.030 Applications

Consideration of a development agreement may be initiated by City Council or council committee, or requested by the planning commission, City Staff, or applicant. Any person may personally, or through an agent, propose a development agreement regarding property the person owns. The applicant shall file a complete development agreement application on forms provided by the Department. At minimum, such application shall include a copy of the proposed agreement, applicable fee, names and address of all current owners of real property, and all real property within 300 feet of each boundary of the subject property as shown in the records of the county assessor, and a vicinity map showing the subject property with enough information to locate the property within the larger area. In addition, the applicant may be required to submit any additional information or material that the Director determines is reasonably necessary for a decision on the matter.

(Ord. 7187 §3, 2019; Ord. 6273 §2, 2003).

18.53.040 Timing of Public Hearings

Any development agreement associated with a specific project or development plan shall be heard by the City Council prior to consideration of any related project application.

(Ord. 6273 §2, 2003).

18.53.050 Notice

Prior to the public hearing held by the City Council, the Director shall issue a public hearing notice describing the purpose of hearing, the date, time, and place of the public hearing, the name of the applicant and the project name (if applicable), a description of the proposed agreement, and the street address of the subject property or other description of its location, a statement of the availability of the record, a statement of the right of any person to submit written comments to the Council and to appear at the public hearing to give comments. The Director shall distribute this notice and require at least one public notification sign in accordance with OMC 18.78.040.

(Ord. 6273 §2, 2003).

18.53.060 Staff Report

The Director shall prepare a staff report for the public hearing by the City Council containing all pertinent application materials, all comments regarding the matter received by the Department prior to distribution of the staff report, an analysis of the application under the relevant provisions of this chapter and state law, and a recommendation on the matter. At least seven calendar days before the hearing, the Director shall distribute the staff report to the applicant and each person who has specifically requested it.

(Ord. 6273 §2, 2003).

18.53.070 Public Hearing and City Council Action

The City Council shall consider the proposed development agreement at and following the public hearing. The decision of City Council on a development agreement is the final decision of the City. Notice of the final decision by the City Council shall be mailed to the applicant, to any person who submitted comments to the City Council, and to any other person who has specifically requested it. A development agreement shall be recorded with the Thurston County Records Department.

(Ord. 6273 §2, 2003).

18.53.080 Term of Agreement

During the term of the development agreement, the agreement is binding on the parties and their successors. 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, development standard, or regulation adopted after the effective date of the agreement. A permit or approval issued by the City after the execution of the development agreement shall be consistent with the 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 article, or as may be amended. The City will process and decide upon an application for an amendment upon payment of applicable fees, as if it were an application for a new development agreement.

(Ord. 6273 §2, 2003).