Chapter 18.53

18.53.000    Chapter Contents


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    Reserved.

18.53.070    City Council Action.

18.53.080    Term of Agreement.

(Ord. 7342 §1, 2022; 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 must be consistent with applicable development regulations. A development agreement must reserve authority to impose new or different regulations to the extent required by serious threat to public health and safety.

(Ord. 7342 §1, 2022; Ord. 6273 §2, 2003).

18.53.020 Content of Development Agreement

A development agreement must 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, or the Director’s designee, for purposes of understanding the parameters of the proposal and applicable procedures.

(Ord. 7342 §1, 2022; 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 City Staff or the 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 must include a copy of the proposed agreement, applicable fee, names and address of all current owners of the subject 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 Director may require the applicant to submit any additional information or material that the Director determines is reasonably necessary for a decision on the matter.

(Ord. 7342 §1, 2022; 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 application that has been received by the City and that requires Hearing Examiner approval must be heard at a public hearing conducted by the Hearing Examiner. The Hearing Examiner shall consider the proposed development agreement at the public hearing and make a recommendation to the City Council on whether the proposed development agreement should be approved, rejected, or approved with modifications. Any development agreement for a property for which a development permit application has not been received by the City, or for which a development permit application has been received that does not require Hearing Examiner approval, must be heard at a public hearing conducted by the City Council. A final decision on any related project application may not be issued prior to the City Council’s decision on a development agreement with which it is associated.

(Ord. 7342 §1, 2022; Ord. 6273 §2, 2003).

18.53.050 Notice

Prior to the public hearing, the Director shall issue a public hearing notice as outlined in OMC 18.70.140 Public Notice Requirements. The Director shall distribute this notice and require at least one public notification sign in accordance with OMC 18.70.140. 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. 7342 §1, 2022; Ord. 6273 §2, 2003).

18.53.060 Reserved

(Ord. 7342 §1, 2022; Ord. 6273 §2, 2003).

18.53.070 City Council Action

The decision of City Council on a development agreement is the final decision of the City. The Director shall distribute notice of the final decision by the City Council according to OMC 18.70.160. The applicant shall record the approved development agreement with the Thurston County Records Department.

(Ord. 7342 §1, 2022; 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 is not 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 must be consistent with the development agreement. Amendments to the terms of the development agreement may be done only by a written instrument executed by all parties pursuant to the procedures of this chapter, or as may be amended. The City shall 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. 7342 §1, 2022; Ord. 6273 §2, 2003).