Chapter 20.34
DEVELOPMENT AGREEMENTS
Sections:
20.34.040 Approval procedure, recording.
20.34.010 Authority.
A. The city may, in accordance with the provisions of RCW 36.70B.170 through 36.70B.210, enter into a development agreement with a person(s) having ownership or control of real property within its jurisdiction, or outside its boundaries as part of a proposed annexation or a utility service agreement. A development agreement is a voluntary contract detailing the obligations of both parties and specifying the standards and conditions that will govern development of real property.
1. The execution of a development agreement is a proper exercise of the city’s police power and contract authority.
2. A development agreement may obligate a party to fund or provide services, infrastructure, or other facilities.
3. A development agreement shall reserve authority to impose new or different regulations to the extent required by a serious threat to public health and safety.
B. Development agreements are not “project permit” applications as defined in RCW 36.70B.020. Therefore, there is no deadline for processing a development agreement. If an applicant requests that the city execute a development agreement as part of its approval of a project permit application, the applicant must first sign a written waiver of the deadline for issuance of the final decision of the project permit application. (Ord. 2021-46 § 7, 2021).
20.34.020 General provisions.
A. 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; provided, that:
1. The development agreement shall be consistent with all applicable development regulations.
2. The provisions of this section do not affect the validity of a contract rezone, concomitant agreement, annexation agreement, or other agreement in existence or adopted under separate authority.
3. For the purposes of this section, “development standards” includes, but is 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 and mitigation fees imposed or agreed to in accordance with any applicable provisions of state law, any reimbursement provisions or other financial contributions by the property owner, inspection fees, or dedications;
c. Mitigation measures, development conditions, and other requirements under Chapter 43.21C RCW;
d. Design standards such as maximum heights, setbacks, drainage and water quality requirements, landscaping, and other development features;
e. Affordable housing, if applicable;
f. Parks and open space preservation;
g. Phasing;
h. Review procedures and standards for implementing decision;
i. A build-out or vesting period for applicable standards; and
j. Any other appropriate development requirement or procedure. (Ord. 2021-46 § 7, 2021).
20.34.030 Term.
In determining the appropriate term for a development agreement, the city council should consider the type, size and location of the proposal and phasing if proposed. If authorized in the development agreement, an extension may be exercised upon mutual approval of both the developer and the city. All extension requests shall be reviewed by the city council after a public hearing on the request unless another process is expressly provided for in the development agreement. (Ord. 2021-46 § 7, 2021).
20.34.040 Approval procedure, recording.
A. A development agreement shall only be approved by the city council after a public hearing. The director shall make a recommendation to the city council, who will determine the hearing body based on the nature of the proposed action necessitating a development agreement. A hearing body, if other than the city council, shall conduct a hearing and forward its recommendation to the city council for consideration and decision.
B. Upon approval, a development agreement shall be recorded with the Walla Walla County Auditor.
1. During the term of a development agreement, it is binding on the parties and their successors.
2. Unless amended or terminated, a development agreement is enforceable during its term by a party to the agreement.
3. Any permit or approval issued by the city after the execution of a development agreement must be consistent with the terms of the development agreement.
4. A development agreement and the development standards incorporated in the agreement govern during the term of the agreement, or for all or that part of the build-out period specified in the agreement, and may not be subject to an amendment to a zoning ordinance or development standard or regulation or a new zoning ordinance or development standard or regulation adopted after the effective date of the agreement. (Ord. 2021-46 § 7, 2021).
20.34.050 Judicial appeal.
If a development agreement relates to a project permit application, the provisions of Chapter 36.70C RCW shall apply to the appeal of the decision on the development agreement. (Ord. 2021-46 § 7, 2021).