Covington City Zoning Code
18.114 Development
Agreements
18.114.010 Purpose.
A development agreement provides the opportunity for the City and a developer to agree on the scope and timing of a project, applicable regulations and requirements, mitigation requirements, and other matters relating to the development process. A development agreement promotes the general welfare by balancing public and private interests, providing reasonable certainty for a development project, and addressing other matters, including reimbursement over time for the financing of public facilities. Development agreements may provide public benefits such as affordable housing, pedestrian-oriented communities, mixed-use development, and creation of public amenities such as parks and open spaces. (Ord. 06-13 § 1 (Exh. A))
18.114.020 Authority.
(1) The execution of a development agreement is a proper exercise of the City’s police power and contract authority. The City may consider, and enter into, a development agreement with a person having ownership or control of real property within the City limits. The City may consider a development agreement for real property outside of the City limits but within the urban growth area (“UGA”), as defined in RCW 36.70A.030(15), or as designated by the County pursuant to RCW 36.70A.110 as part of a proposed annexation or a service agreement.
(2) 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 adopted by the City under Chapter 36.70A RCW.
(3) 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. 06-13 § 1 (Exh. A))
18.114.030 General provisions of development agreements.
(1) Comprehensive Plan. A development agreement shall be consistent with the applicable policies and goals of the City of Covington’s Comprehensive Plan.
(2) Development Standards. A development agreement shall be consistent with all applicable development regulations; provided, a development agreement may extend the durations of approval of project permits and allow phasing plans different from those otherwise imposed under the Covington Municipal Code.
(a) A development agreement related to property in the Covington downtown zone, town center district (TC), may allow further deviations from development regulations imposed under Chapter 18.31 CMC for the following reasons:
(i) To provide flexibility to achieve public benefits; or
(ii) To respond to changing community needs; or
(iii) To encourage deviations that provide the functional equivalent or adequately achieve the purposes of otherwise applicable City standards.
(b) A development agreement may not authorize deviations from development regulations governing the uses, minimum and maximum densities, maximum gross floor area, or maximum structure height.
(c) A development agreement may not authorize deviations from the requirements of CMC Title 15, Buildings and Construction. Building permit applications shall be subject to the building codes in effect when a complete building permit application is submitted.
(d) A development agreement may not authorize deviations from the minimum requirements of CMC Title 16, Environment, and Chapter 18.65 CMC, Critical Areas.
(e) Any deviation from development standards in the Covington Municipal Code shall not require any further rezone, variance from City standards, or other City approval apart from development agreement approval by the City Council. Deviations from development standards as approved through a development agreement shall apply to and govern the development and implementation of each covered property in lieu of any conflicting or different standards or requirements elsewhere in the Covington Municipal Code.
(f) Subsequent amendments to the development standards in the Covington Municipal Code that differ from those deviations approved by the City Council in a development agreement shall apply to the covered property only where necessary to address imminent public health and safety hazards or where the development agreement specifies a time period or phase after which certain identified standards can be modified.
(3) As a minimum, the development agreement shall specify the following:
(a) Project components that define and describe the permitted uses, residential densities, 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 of Chapter 43.21C RCW, State Environmental Policy Act;
(d) Design standards such as architectural treatment, maximum heights, setbacks, landscaping, drainage and water quality requirements, and other development features;
(e) Provisions for affordable housing, if applicable;
(f) Parks and common open space preservation;
(g) Signage;
(h) Parking;
(i) Phasing;
(j) Financial guarantees for performance and maintenance of public improvements;
(k) Maintenance and operation standards for public improvements;
(l) A build-out or vesting period for applicable standards;
(m) Duration of agreement; and
(n) Any other appropriate development requirement or procedure that is based upon a City policy, rule, regulation, or standard.
(4) As provided in RCW 36.70B.170, the 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. 06-13 § 1 (Exh. A))
18.114.040 Processing procedure for development agreements.
A proposed development agreement shall accompany and be processed in conjunction with the associated underlying land use application, approval, or annexation request. The type of land use application or other approval shall control the type of application set forth in CMC 14.30.040.
(1) A proposed development agreement associated with a legislative action, such as a Comprehensive Plan amendment or area-wide rezone, shall be processed in accordance with the procedures established in this title and pursuant to the noticing requirements set forth in CMC 14.30.060. The Planning Commission shall make a recommendation to the City Council on any proposed development agreement relating to legislative action. The City Council shall hold a public hearing on the proposed development agreement and, if approved, shall authorize the City Manager to execute the development agreement on behalf of the City.
(2) A proposed development agreement associated with a land use application shall be processed in accordance with the permit application procedures established in Chapter 14.35 CMC and as further provided in this title as follows:
(a) If the underlying land use application is a Type 2 final decision by the Director, then the Director shall consider both the land use application and the proposed development agreement together. The Director shall make a recommendation to the City Council on the proposed development agreement. The Director’s final decision on the underlying land use application shall not be made until the City Council holds a public hearing on the proposed development agreement and subsequently approves or rejects the proposed development agreement. If the City Council approves the development agreement, the City Council shall authorize the City Manager to execute the development agreement on behalf of the City. Nothing in this section obligates the Director to forward a recommendation to the City Council for further consideration of a proposed development agreement if the Director denies the underlying land use application.
(b) If the underlying land use application is a Type 3 final decision by the Hearing Examiner, then the Hearing Examiner shall consider both the land use application and the proposed development agreement together during the required public hearing for a Type 3 land use application. The Hearing Examiner shall make a recommendation to the City Council on the proposed development agreement. The Hearing Examiner’s final decision on the underlying land use application shall not be made until the City Council holds a public hearing on the proposed development agreement and subsequently approves or rejects the proposed development agreement. If the City Council approves the development agreement, the City Council shall authorize the City Manager to execute the development agreement on behalf of the City. Nothing in this section obligates the Hearing Examiner to forward a recommendation to the City Council for further consideration of a proposed development agreement if the Hearing Examiner denies the underlying land use application.
(c) If a final decision on an underlying land use application has been previously made by the Hearing Examiner or Director, and the application was approved, the Director shall make a recommendation to the City Council on the proposed development agreement. The City Council shall hold a public hearing on the proposed development agreement. If the City Council approves the development agreement, the City Council shall authorize the City Manager to execute the development agreement on behalf of the City.
(3) Public Notice. All public meetings and public hearings on a development agreement shall be noticed pursuant to underlying land use type as set forth in Chapter 14.40 CMC. (Ord. 06-13 § 1 (Exh. A))
18.114.050 No deadline for final decision, form of agreement, term, recording.
(1) Pursuant to RCW 36.70B.020, development agreements are not land use applications and are not subject to processing deadlines. A signed written waiver of the deadline to issue a final decision on any land use application for the covered property shall accompany a request for a development agreement.
(2) No proposed development agreement shall be presented to the decision-making body unless in a form approved by the City Attorney. Prior to any public hearing held for the purpose of authorizing execution of the development agreement, a development agreement shall be signed by the property owner and all other parties with a substantial beneficial interest in the property that is the subject of the development agreement.
(3) Term.
(a) A development agreement may be approved up to a maximum period of 20 years.
(b) In determining the appropriate term for a development agreement, the City Council should consider the type, size, and location of development and phasing, if proposed. The City Council may consider shorter terms with extensions.
(c) Extensions. If extensions are authorized in a development agreement, an applicant must request the extension at least 60 days prior to expiration of the development agreement. For a development agreement associated with a land use application, the Director may grant an extension for up to five years, not to exceed a total of 25 years, if the applicant can satisfactorily show that at least 50 percent of the gross floor area is constructed. All other requests for extensions shall be reviewed by the City Council unless another process is expressly provided for in the development agreement.
(4) Recording. A development agreement shall be recorded against the property in the real property records of the King County Assessor’s office. Recording costs shall be paid by the applicant as provided for in the current fee schedule. During the term of the development agreement the agreement is binding on the parties and their successors, including the property owners in any area that is annexed to the City. (Ord. 06-13 § 1 (Exh. A))