Chapter 18A.100
DEVELOPMENT AGREEMENTS

Sections:

18A.100.010    Purpose.

18A.100.020    Applicability.

18A.100.030    Types of Development Agreements.

18A.100.040    Development Standards.

18A.100.050    Contents of a Development Agreement.

18A.100.060    Initiation of a Development Agreement.

18A.100.070    Review Criteria.

18A.100.080    Approval.

18A.100.090    Effect.

18A.100.010 Purpose.

The purpose of this Chapter is to:

A.    Create an optional application procedure that could authorize projects to be reviewed, approved, and conditioned according to the extent to which they advance the Comprehensive Plan's goals and policies.

B.    Provide assurance to a developer that a project may proceed to be developed per the rules and regulations in effect at the time of the approval. Consequently, the development will not be subject to subsequent changes in regulations that are addressed in the agreement. It may also provide for a streamlined regulatory review process.

C.    Provide assurance that currently allowed uses for a property shall be maintained for a specified period of time in exchange for advancing the Comprehensive Plan's goals and policies.

(Ord. 2012-61s § 1 (part), 2012)

18A.100.020 Applicability.

A.    This Chapter applies to development agreements authorized pursuant to RCW 36.70B.170 through 36.70B.210 between Pierce County and any person having ownership or control of real property located within Pierce County's jurisdiction.

B.    The provisions of this Chapter do not apply to or affect the validity of any contract rezone, concomitant agreement, annexation agreement, or other agreement in existence on or before the effective date of this Chapter, or adopted under separate authority, even though such agreements may also relate to development standards, mitigation, and other regulatory requirements.

C.    The County is authorized, but not required, to accept, review and approve a proposed development agreement. This process is voluntary on the part of both the applicant and the County. The decision to approve a development agreement is discretionary with the Pierce County Council.

(Ord. 2016-33 § 2 (part), 2016; Ord. 2016-14s § 2 (part), 2016; Ord. 2012-61s § 1 (part), 2012)

18A.100.030 Types of Development Agreements.

A.    Project Development Agreement. A project development agreement shall address a specific development proposal. A proposal shall be defined through a detailed site design with the identification of specific uses and activity. The level of detail shall be such that the project can be reviewed to determine the appropriate level of mitigation related to, but not limited to, transportation, stormwater, and critical areas.

B.    Non-Project Development Agreement. A non-project development agreement shall provide a general description of an intended use or activity. An agreement may incorporate a conceptual development proposal. The level of detail may be such that it may not be possible to determine the appropriate level of mitigation related to components of a future development proposal.

(Ord. 2012-61s § 1 (part), 2012)

18A.100.040 Development Standards.

A.    Project Development Agreement.

1.    A development agreement must set forth the development standards and other provisions that shall apply to, govern and vest the development, use, and mitigation of the development of the real property for the duration specified in the agreement.

2.    In order to encourage innovative land use management and provide flexibility to achieve public benefits, a development agreement adopted pursuant to this Chapter may impose development standards that differ from the following development standards of the Pierce County Code that are otherwise applicable to a proposed development: infrastructure requirements, street standards, and duration of approvals; provided that any development standards imposed by the development agreement must be consistent with the comprehensive plan.

3.    Subsequently adopted standards which differ from those in the development agreement shall apply to the subject site only where necessary to address a serious threat to public health and safety or where the development agreement specifies a time period or phase after which certain identified standards may be modified. Building permit applications shall be subject to the building codes in effect when the building permit application is deemed complete.

B.    Non-Project Development Agreement.

1.    A non-project development agreement shall only allow permitted land use types associated with the zoning or existing legally established uses in place at the time the agreement is approved.

2.    All other development regulations including, but not limited to, bulk and construction standards shall be those that are in effect at the time a specific project application is submitted.

3.    Project specific mitigation shall be based on the regulations in effect on the date a specific land use permit application or building permit application is accepted for processing.

(Ord. 2012-61s § 1 (part), 2012)

18A.100.050 Contents of a Development Agreement.

A.    A project development agreement shall include the following:

1.    A site plan depicting boundaries and project elements, such as: location and acreage of active and passive recreational areas, if any; location, acreage and range of densities for residential development, if applicable; location and range of types of uses of nonresidential development; if applicable; location and size of critical areas and buffers, if any; perimeter buffers, if any; and motorized and non-motorized circulation routes, including route connections to streets and pedestrian routes servicing and/or abutting the site;

2.    The identification of project components that are not required per the existing development requirements that further the goals and policies of the Pierce County Comprehensive Plan;

3.    The expected build-out period and, if applicable, the phasing of development;

4.    Provisions for the termination of the development agreement;

5.    If environmental review is required under the State Environmental Policy Act, measures to mitigate significant adverse impacts including any impacts to public services and facilities; and

6.    Cost recovery provisions and timelines for the processing of implementing land development and construction permits and other permits and approvals.

7.    A title report indicating proof of ownership.

B.    A non-project development agreement shall include the following:

1.    A map depicting boundaries of the area subject to the development agreement;

2.    The listing of use types or specific uses that shall be permitted;

3.    The identification of public benefits that further the goals and policies of the Pierce County Comprehensive Plan agreed to be provided by the land owner in exchange for implementing the agreement;

4.    If appropriate, a map depicting the location of specific public amenities or other public benefits that shall be provided for through the agreement;

5.    The duration of the agreement;

6.    Provisions for the termination of the agreement; and

7.    Provisions acknowledging that at the time a specific development is submitted, all development regulations in effect at the time of submittal, with the exception of permitted uses, shall be applicable.

8.    A title report indicating proof of ownership.

C.    Upon submission of a development agreement meeting the requirements of this Section, the county shall issue a notice of application pursuant to Chapter 18.80 PCC.

(Ord. 2012-61s § 1 (part), 2012)

18A.100.060 Initiation of a Development Agreement.

A development agreement may only be initiated by the Pierce County Council through an adopted resolution. (Ord. 2012-61s § 1 (part), 2012)

18A.100.070 Review Criteria.

A.    The Director of Planning and Public Works (PPW), and such designee or designees as may be appointed for the purpose, shall negotiate acceptable terms and conditions of the proposed development agreement.

B.    A development agreement shall conform to the existing Pierce County Comprehensive Plan. The agreement shall not allow for use types or densities currently not permitted through the existing zoning category or existing legally established uses.

C.    A development agreement shall advance the goals and policies of the existing comprehensive plan. This may be demonstrated, but not limited to:

1.    Achieving vitality of an area designated as a Regional, Countywide or Local Center;

2.    The preservation of resource lands;

3.    The promotion of community sustainability through complete, compact and connected communities; and

4.    The dedication of lands for public facilities or services.

(Ord. 2017-12s § 2 (part), 2017; Ord. 2012-61s § 1 (part), 2012)

18A.100.080 Approval.

A.    Planning and Public Works shall forward the proposed development agreement with their recommendation to the appropriate LUAC for its review and recommendation. The LUAC shall conduct a public hearing and forward their recommendation to the County Council.

B.    The Pierce County Council will consider a proposed development agreement in a public hearing and if acceptable, the Council will adopt an ordinance authorizing the County Executive to enter into the approved development agreement with a person having ownership interest or control of the real property subject to the development agreement.

(Ord. 2017-12s § 2 (part), 2017; Ord. 2012-61s § 1 (part), 2012)

18A.100.090 Effect.

A.    A development agreement pursuant to Chapter 36.70B RCW and this Chapter shall be:

1.    Binding on the parties and their successors, including a city that assumes jurisdiction through incorporation or annexation of the area covering the property covered by the development agreement during the term of the development agreement and enforceable during its terms by a party to the agreement, unless the agreement is amended or terminated;

2.    Recorded with the Pierce County Auditor prior to the effective date of any development proposal that was submitted and reviewed concurrently with the development agreement.

(Ord. 2012-61s § 1 (part), 2012)