The purpose of this chapter is to implement the general plan and the purposes of applicable land use regulations to the extent allowed by state law. A development agreement may be considered by the city council as a method of providing the city with additional control and flexibility in the approval of development projects, commercial and residential, by tailoring development standards and requirements to the unique features of a particular development site. (Ord. 2015-15, 2015; amd. Ord. 2023-11, 2023)

Persons entering into a development agreement with the city council must have a legal or equitable interest in the property that is the subject of the development agreement. (Ord. 2015-15, 2015; amd. Ord. 2023-11, 2023)

All development applications, including subdivisions, whether residential, commercial or multi-use, shall trigger the requirement for a development agreement to be approved by the city council, regardless of whether it is to be constructed in a single phase or multiple phases. However, a development agreement is not required as a condition for developing land if the city’s land use regulations establish all applicable standards for development on the land. (Ord. 2015-15, 2015; amd. Ord. 2021-11, 9-2-2021; amd. Ord. 2023-11, 2023)

   (1)   The city should consider the following sections for possible inclusion in any development agreement, as applicable:

      (a)   Duration of agreement.

      (b)   Description of the subject property.

      (c)   Allowed uses.

      (d)   Maximum density or intensity of the allowed uses and construction requirements including, but not limited to, exterior colors, design guidelines, minimum and maximum building heights and building size.

      (e)   A subdivision layout or site plan identifying, but not limited to, the location and arrangement of all allowed uses, circulation patterns, and all required dedications and improvements.

      (f)   A phasing schedule for all project phases and the timing for the provision of all features, dedications and improvements.

      (g)   A listing of all project features and facilities being voluntarily provided to the city, in addition to those typically required by all land use ordinances.

      (h)   In high density residential zones (R-1-5 to Multi-Family), developments having twenty-five units or more shall have a requirement that a minimum of fifty percent (50%) of the units are sold to owner occupants.

      (i)   Other conditions, terms, restrictions and requirements for subsequent actions and approvals.

   (2)   If the development agreement restricts an applicant’s rights under clearly established state law, the development agreement must contain a clear disclosure, using bold type and a larger font, of the rights being restricted.

(Ord. 2015-15, 2015; amd. Ord. 2021-11, 9-2-2021; Ord. 2023-11, 2023)

A development agreement shall be approved by the council with a finding that the development agreement is consistent with state law and the city’s land use regulations. (Ord. 2015-15, 2015; amd. Ord. 2023-11, 2023)

All provisions of a development agreement shall comply with state law and, to the extent allowed by state law, the city’s land use regulations governing the uses of the land, density, design, improvement and construction standards and specifications in effect at the time of the execution of the agreement. A development agreement may not:

   (1)   Limit the city’s authority in the future to:

      (a)   Enact a land use regulation; or

      (b)   Take any action allowed under state code section 10-8-84;

   (2)   Require the city to change the zoning designation of an area of land within the city in the future;

   (3)   Allow a use or development of land that applicable land use regulations governing the area subject to the development agreement would otherwise prohibit. (Ord. 2015-15, 2015; amd. Ord. 2023-11, 2023)

The zoning administrator should review a development agreement periodically, at which time the applicant, or the applicant’s successor, shall be required to demonstrate good faith compliance with the terms of the development agreement. If the zoning administrator finds, based on the evidence, that the applicant has not complied in good faith with all terms or conditions of the agreement, the zoning administrator shall recommend to the city council that the agreement be enforced as written, modified, or terminated. (Ord. 2015-15, 2015)

In addition to the provisions of section 16.09.107 of this chapter, a development agreement may be amended or canceled in whole, or in part, by mutual consent of the parties to the agreement, or their successors. (Ord. 2015-15, 2015; amd. Ord. 2023-11, 2023)

After the city council has approved, and the parties have fully executed a development agreement, the city recorder shall record the development agreement in the office of the Washington County recorder. The recorded copy of the development agreement shall be considered the official copy of said agreement. The benefits, rights and obligations of a development agreement shall be binding upon and shall inure to all successors to the original parties to the agreement. (Ord. 2015-15, 2015; amd. Ord. 2023-11, 2023)

In the event that state laws prevents or precludes compliance with one or more provisions of a development agreement, such provisions of the agreement shall be modified or suspended as may be necessary to comply with state law. (Ord. 2015-15, 2015; amd. Ord. 2023-11, 2023)