The City Council finds that the lack of certainty in the approval of development projects can result in a waste of public and private resources, escalate housing costs for consumers and discourage the commitment to comprehensive planning which would make maximum efficient use of resources at the least economic cost to the public. Assurance to a development project applicant that upon government approval the project may proceed in accordance with existing policies and regulations, and subject to conditions of approval, all as set forth in a development agreement, will strengthen the public planning process, encourage private participation and comprehensive planning, and reduce the economic costs of development. Further, the lack of public facilities and services is a serious impediment to development of new housing and commercial uses. Project applicants and the City may include provisions and agreements whereby applicants are reimbursed over time for financing public facilities.

(Ord. 5180 Sec. 1, 2007)

(1)

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 all applicable development regulations.

(2)

Sections 18.48.010 through 18.48.040 do not affect the validity of a contract rezone, concomitant agreement, annexation agreement or other agreement in existence or adopted under separate authority, that includes some or all of the development standards provided in subsection (3) of this section.

(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 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 RCW 43.21C;

(d)

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

(e)

Affordable housing;

(f)

Parks and open space preservation;

(g)

Phasing;

(h)

Review procedures and standards for implementing decisions;

(i)

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

(j)

Any other appropriate development requirement or procedure.

(4)

The execution of a development agreement is a proper exercise of the City's police power and contract authority. 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. Development agreements within the City are limited to a ten-year timeframe. An extension of one to ten years may be exercised upon mutual approval of both the developer and the City (KMC 18.48.050). Development agreements outside the City continue in effect at least until annexation.

(Ord. 5204 Sec. 16, 2007; Ord. 5180 Sec. 1, 2007)

Unless amended or terminated, a development agreement is enforceable during its term by a party to the agreement. A development agreement and the development standards 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. A permit or approval issued by the City after the execution of the development agreement must be consistent with the development agreement.

(Ord. 5180 Sec. 1, 2007)

A development agreement shall be recorded with the real property records of the county in which the property is located. During the term of the development agreement, the agreement is binding on the parties and their successors, including the City when it assumes jurisdiction through incorporation or annexation of the area covering the property covered by the development agreement.

(Ord. 5180 Sec. 1, 2007)

The City shall only approve a development agreement by resolution after a public hearing. Unless a public hearing is held under KMC 4.12, the public hearing shall be held before the Planning Commission whose recommendation and record shall be acted on by the City Council.

(Ord. 5180 Sec. 1, 2007)