17.60.060 Development agreements.1
(1) The city may enter into a development agreement with a person having ownership or control of property of at least five acres in size within the city’s jurisdiction. The city may enter into a development agreement for property outside its boundaries as part of a proposed annexation or service agreement.
(2) A development agreement must set forth the development standards and other provisions that shall apply to and govern and vest the development, use, and mitigation of the development of the property for the duration specified in the agreement. “Development standards” include, but are not limited to, the following:
(a) Project elements such as 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, or dedications;
(c) Mitigation measures, development conditions, and other requirements under Chapter 43.21C RCW or as amended;
(d) Design standards such as maximum heights, setbacks, drainage and water quality requirements, landscaping, parking, design standards and other development features;
(e) Parks and open space preservation;
(f) Phasing;
(g) Review procedures and standards for implementing decisions;
(h) A build-out or vesting period for applicable standards; and
(i) Any other development requirement or procedure deemed appropriate by the city council.
(3) Uses shall be confined to only those allowed under the site’s underlying zoning and may not be altered under the provisions of a development agreement. Except however that where the site includes more than one underlying zone, uses allowed under any of the underlying zones may be allowed on the site if the city council determines the uses to be compatible with the proposed development and surrounding properties.
(4) A development agreement may obligate a party to fund or provide services, infrastructure, or other facilities. The city and project applicants may include provisions and agreements whereby applicants are reimbursed over time for financing public facilities.
(5) The city shall only approve a development agreement by ordinance or resolution after a public hearing.
(6) 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. (Ord. 1499 § 5 (Exh. E), 2021).
1Code reviser’s note: Ord. 1499 adds this section as 17.60.050. It has been editorially renumbered to avoid duplication of numbering.