17.11.010    Authority.

17.11.020    Type of approval.

17.11.030    General provisions of development agreements.

17.11.040    Enforceability.

17.11.050    Form.

17.11.060    Council approval.

17.11.070    Recording.

17.11.010 Authority.

A. Declaration of Power. The execution of a development agreement is a proper exercise of the City’s police power and contract authority.

B. Jurisdiction. The City may consider, and enter into, a development agreement with persons having ownership or control over real property within the City’s corporate limits. The City may consider, and enter into, a development agreement for real property outside the City’s corporate limits but within the urban growth area as designated by the Grant County Commissioners as part of a proposed annexation or a service agreement.

C. Consistency. A development agreement shall be consistent with applicable development regulations adopted by the City under RCW 36.07A. (Ord 01-86 §3 (Ex A))

17.11.020 Type of approval.

Development agreements shall accompany and be processed in conjunction with the underlying project permit application, approval or annexation request. The type of project permit application or other approval shall control the type of application. (Ord 01-86 §3 (Ex A))

17.11.030 General provisions of development agreements.

A. A development agreement may include the following:

1. The development standards and other provisions that shall apply to and govern and vest the development, use and mitigation of the development of real property for the duration of the agreement;

2. Project components which define and detail the allowable uses, residential densities, commercial or non-residential area floor area;

3. Location of buffers, landscaping or open space;

4. The amount and payment of impact fees imposed or agreed to in accordance with any applicable provisions of state law, local ordinance, any reimbursement provisions, other financial contributions by the property owner, inspection fees, or dedications;

5. Mitigation measures, development conditions and other requirements of RCW 43.21C;

6. Design standards such as architectural treatment, maximum heights, setbacks, landscaping, drainage and water quality requirements and other development features;

7. Provisions for affordable housing;

8. Parks and common open space preservation;

9. Review procedures and standards for implementing decisions;

10. A build-out or vesting period for application standards; and

11. Any other appropriate development requirement or procedure which is based upon a City policy, rule, regulation or standard.

B. A development agreement shall reserve authority to impose new or different regulations to the extent required by a serious threat to the public health or safety. (Ord 01-86 §3 (Ex A))

17.11.040 Enforceability.

Unless amended or terminated, a development agreement is enforceable during its term by a party to the development agreement. A development agreement and the development standards in the development agreement govern during the term of the development agreement, or for all or that part of the specified build-out period. Subject to the provisions of Section 17.11.030(B), the development agreement may not be subject to a new, or an amendment to, a zoning ordinance or development standard adopted after the effective date of the development agreement, unless otherwise provided in the development agreement. Any permit or approval issued by the City after the execution of the development agreement must be consistent with the development agreement. (Ord 01-86 §3 (Ex A))

17.11.050 Form.

All development agreements shall be a form approved by the City Attorney. (Ord 01-86 §3 (Ex A))

17.11.060 Council approval.

The City Council shall approve development agreements, or amendments thereto, by ordinance, only after the scope, content and applicability has been subjected to a public hearing. (Ord 01-86 §3 (Ex A))

17.11.070 Recording.

Development agreements shall be recorded with the Grant County Auditor at the Developer’s cost. (Ord 01-86 §3 (Ex A))