Development agreements shall set forth the development standards or 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 may obligate a party to fund or provide services, infrastructure, or other facilities.

(Ord. No. 1174, § 4, 11-25-2014)

The City may enter into a development agreement with a person having ownership or control of real property within its jurisdiction. The City may enter into a development agreement for real property outside its boundaries as part of a proposed annexation or a service agreement. 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 real property for the duration specified in the agreement. A development agreement shall be consistent with the applicable development regulations adopted by the City.

(Ord. No. 1174, § 4, 11-25-2014)

For purposes of this chapter, the term "development standards" means and includes, but is not limited to:

1.

Project elements such as permitted uses, residential densities, and non-residential densities and intensities or building sizes;

2.

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;

3.

Mitigation measures, development conditions, and other requirements under chapter 43.21C RCW or as amended;

4.

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

5.

Parks and open space preservation;

6.

Phasing;

7.

Review procedures and standards for implementing decisions;

8.

A build-out or vesting period for applicable standards; and

9.

Any other development requirement or procedure deemed appropriate by the City Council.

(Ord. No. 1174, § 4, 11-25-2014)

As provided in RCW 36.70B.170(4), the execution of a development agreement is a proper exercise of the City's police power and contract authority. Accordingly, a development agreement may obligate a party to fund or provide services, infrastructure, or other facilities. 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. No. 1174, § 4, 11-25-2014)

Development agreements shall be consistent with RCW 36.70B.170 through 36.70B.210. All development agreements shall be in a form and content as approved by the City Attorney. Pursuant to RCW 36.70B.200, or as amended, following a Planning Commission recommendation [after a duly noticed public hearing], development agreements shall be subject to review by the City Council [after a duly noticed public hearing]. City Council approval shall be in the form of a resolution.

(Ord. No. 1174, § 4, 11-25-2014)

In approving a development agreement, conditions of approval shall at a minimum establish:

1.

A site plan for the entire project, showing locations of sensitive areas and buffers, required open spaces, perimeter buffers, location and range of densities for residential development, and location and size of non-residential development;

2.

The expected build-out time period for the entire project and the various phases, if proposed;

3.

Project phasing, if proposed;

4.

Other project-specific conditions to mitigate impacts on the environment, on public facilities and services including transportation, utilities, drainage, police and fire protection, schools, and parks;

5.

Road and storm water design standards that shall apply to the various phases, if proposed, of the project;

6.

Bulk design and dimensional standards that shall be implemented throughout subsequent development within the project;

7.

The size and range of uses authorized for any non-residential development within the project;

8.

Any sewer and/or water comprehensive utility plans or amendments required to be completed before development can occur; and

9.

Any other item deemed necessary by the City Council;

10.

A proposed project must provide a significant public benefit in order for the City to consider granting a request to vest fees and/or development regulations.

(Ord. No. 1174, § 4, 11-25-2014)

A development agreement shall be recorded with the real property records of King County pursuant to RCW 36.70B.190. The development agreement shall be recorded within thirty (30) days of approval of the Development Agreement. During the term of the development agreement, the agreement is binding on the parties and their successors, including a city that assumes jurisdiction through incorporation or annexation of the area covering the property covered by the development agreement.

(Ord. No. 1174, § 4, 11-25-2014)

The decision of the City Council to approve or reject a request for a development agreement shall be a discretionary, legislative act.

(Ord. No. 1174, § 4, 11-25-2014)

Unless stated otherwise in the development agreement, modifications to an approved development agreement requires City Council approval and shall follow the requirements of this chapter for the initial approval.

(Ord. No. 1174, § 4, 11-25-2014)

The decision of the City Council to approve or reject a development agreement shall be final and conclusive unless a timely land use petition is filed and served pursuant to the Land Use Petition Act (Chapter 36.70C RCW).

(Ord. No. 1174, § 4, 11-25-2014)