Chapter 18.240
DEVELOPMENT AGREEMENTS
Sections:
18.240.030 Application procedure.
18.240.050 City council action.
18.240.010 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. 2013-04 § 2 (Exh. A (part)), 2013)
18.240.020 Contents.
Development agreements shall 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. A development agreement shall be consistent with all applicable development regulations. A development agreement may obligate a party to fund or provide services, infrastructure, or other facilities. For the purposes of this section, “development standards” include, but are not limited to:
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, inspection fees, or dedications.
C. Mitigation measures, development conditions, and other requirements.
D. Site and design standards such as architectural design, maximum heights, setbacks, drainage and water quality requirements, landscaping and other development features.
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. Any other appropriate development requirement or procedure. (Ord. 2013-04 § 2 (Exh. A (part)), 2013)
18.240.030 Application procedure.
A. Agreement Not Associated with a Land Use Application. If a proposed development agreement is not in conjunction with a Type II, III or IV land use application under Title 19, the development agreement shall be presented to city council at a public hearing for approval by ordinance or resolution pursuant to the public hearing procedures of Section 18.240.040.
B. Agreement Associated with a Type II or III Land Use Application. If a development agreement is proposed in conjunction with a Type II or III land use application under Title 19, the development agreement shall be presented to city council at a public hearing for approval by ordinance or resolution, after approval of the Type II or III application. The review authority for the Type II or III application shall not make a decision on any portion(s) of the application related to the development agreement but shall make a recommendation of approval or denial of the development agreement to city council.
C. Agreement Associated with a Master Plan. If a development agreement is proposed in conjunction with a master plan application, the development agreement will be reviewed concurrent with the master plan application pursuant to Title 19.
D. Agreement Associated with a Type IV Land Use Application. A development agreement may be proposed in conjunction with a Type IV land use application under Title 19, and will be reviewed concurrent with the Type IV application. (Ord. 2013-04 § 2 (Exh. A (part)), 2013)
18.240.040 Public hearing.
A public hearing on the proposed development agreement is required. The planning director shall issue a public notice at least ten calendar days prior to the scheduled public hearing regarding the proposed development agreement. The public hearing notice shall include the following: the purpose of the hearing; the date, time and place of the hearing; the name of the applicant and project name; a description of the proposed agreement; 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 city council and to appear at the public hearing to give comments. The director shall distribute this notice in accordance with the public hearing noticing requirements for Type III permits as set forth in Title 19. (Ord. 2013-04 § 2 (Exh. A (part)), 2013)
18.240.050 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 and shall be established by ordinance. 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 by the city clerk with the Kitsap County auditor’s office. (Ord. 2013-04 § 2 (Exh. A (part)), 2013)
18.240.060 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. (Ord. 2013-04 § 2 (Exh. A (part)), 2013)