Monroe City Zoning Code

22.70 Development

Agreements

22.70.010 Purpose.

The purpose of this chapter is to establish the review process and criteria for approval for development agreements between the city and any person, partnership, corporation, or other entity that owns or controls real property. Pursuant to RCW 36.70B.170 through 36.70B.210, a development agreement provides a mechanism for the city to enter into voluntary contractual agreements with an entity or entities that own or control real property within the city and/or its urban growth area to govern the development of land and the issuance of project permits. The agreement grants vesting rights to the proposed development consistent with the development regulations, use, and mitigation of the real property at the time of execution of the agreement for the duration specified in the agreement. (Ord. 005/2019 § 10 (Exh. B))

22.70.020 Applicability.

The city may enter into a development agreement for any real property within the city’s boundaries, and for real property outside its boundaries as part of a proposed annexation or a service agreement. (Ord. 005/2019 § 10 (Exh. B))

22.70.030 General provisions.

A. Authority. The city may enter into a development agreement with a person having ownership or control of real property within its jurisdiction, provided the terms of the agreement are satisfactory to the city. 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.

B. Development Standards. A development agreement shall be consistent with applicable development regulations adopted by the city under Chapter 36.70A RCW. For purposes of this title, the term “development standards” means and includes, but is not limited to:

1. Project elements such as permitted uses, residential densities, and nonresidential 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.

C. Limitations. All development agreements shall comply with the following requirements and are subject to the limitations contained therein:

1. The development agreement shall be consistent with all applicable development regulations adopted by the city;

2. The development agreement shall not provide means of waiving or amending development regulations that would otherwise apply to the project;

3. The development agreement shall not bypass any procedural requirements that would otherwise apply;

4. A development agreement shall not obligate the city to adopt subsequent amendments to the comprehensive plan, development regulations, or otherwise delegate legislative powers;

5. A development agreement may obligate a party to fund or provide services, infrastructure, or facilities;

6. A permit approval issued by the city after the execution of the development agreement must be consistent with the development agreement throughout the entirety of the specified vesting period;

7. The build-out period for a development agreement shall be specified in the agreement itself. The terms of the development agreement shall vest for the lesser of the duration of the build-out period or ten years; and

8. When enforcement of the development agreement will result in a serious threat to public health and safety, as determined by the city, the city has the authority to impose new or different regulations on the approved development agreement. (Ord. 005/2019 § 10 (Exh. B))

22.70.040 Review process.

A. Review Type. Pursuant to RCW 36.70B.020(4), development agreements are not “project permit applications.” The decision of the city council to approve or reject a request for a development agreement shall be processed subject to the requirements in this chapter and shall include a fee, as established by the current fee resolution.

B. Development Agreement Contents. The proposed development agreement shall set forth the development standards and other provisions that apply to, govern, and vest the development, use, and mitigation of the real property for the duration of the agreement. The development agreement shall include all of the following provisions, when relevant, in accordance with any applicable laws or rules in effect at the time:

a. Affordable housing units to be provided.

b. Any land use actions and/or permits required to be completed before commencing development.

c. Bulk requirements, including, but not limited to:

i. Maximum building height.

ii. Maximum lot coverage.

iii. Minimum and maximum residential densities.

iv. Size range in square feet for each building.

v. Yard setbacks.

d. Critical areas and associated buffers.

e. Dedications.

f. Design standards.

g. Exterior lighting requirements.

h. Landscaping requirements and standards.

i. Legal description(s) of the site(s) encumbered by the development agreement.

j. Location(s) of nonresidential development.

k. Location(s) of residential development.

l. Parking stalls to be provided and applicable standards.

m. Parks and open space requirements.

n. Permitted uses for the site subject to the development agreement.

o. Proposed uses for the site subject to the development agreement.

a. Financing details for the implementation of required mitigation measures.

b. Measures to mitigate potential environmental impacts of the development agreement proposal per Chapter 43.21C RCW, including impacts to:

i. Aesthetics.

ii. Air.

iii. Animals.

iv. Earth.

v. Energy and natural resources.

vi. Environmental health.

vii. Historic and cultural preservation.

viii. Housing.

ix. Land use.

x. Light and glare.

xi. Noise.

xii. Plants.

xiii. Public facilities and services.

xiv. Recreation.

xv. Shoreline use.

xvi. Transportation.

xvii. Utilities.

xviii. Water.

c. Timing of implementation of required mitigation measures.

a. Amount of fees agreed to or imposed.

b. Financial securities required.

c. Method and schedule of payment of fees agreed to or imposed.

d. Reimbursement provisions for the financing of services, infrastructure, and/or other facilities.

a. Phasing schedule.

b. Review process and timing.

c. Vesting period for the development agreement.

5. Any other items deemed necessary by the city.

C. Associated Land Use Actions. Applications for land use actions associated with the development agreement shall comply with the following requirements:

1. Associated land use applications shall meet all submittal requirements applicable to the specific land use action, as identified in Chapter 22.84 MMC, Permit Processing.

2. Applications for associated land use actions shall be made on forms prescribed by the city.

3. Each land use application shall be subject to all applicable fees as established by the current fee resolution.

4. The review of other land use applications associated with the development agreement shall be consolidated under Chapter 22.84 MMC, Permit Processing, unless the applicant requests that the applications be submitted and processed separately.

D. Public Notice. Development agreements shall be subject to all noticing requirements applicable to Type V project permits, as specified in Chapter 22.84 MMC, Permit Processing.

E. Public Hearing. The city council shall only approve a development agreement after a public hearing has been conducted by the city council. If the development agreement relates to a project permit application, the provisions of Chapter 36.70C RCW shall apply to the appeal of the decision on the development agreement.

F. Approval. The city council is the final decision authority on development agreements. Approval by the city council of a development agreement shall be made by ordinance.

G. Decision Criteria. The city council may enter into a proposed development agreement if the council finds, in its sole discretion, that the development agreement meets the following criteria:

1. The development agreement is consistent with applicable development regulations;

2. The development agreement is consistent with RCW 36.70B.170 through 36.70B.210;

3. The development agreement does not provide means of waiving or amending development regulations that would otherwise apply to the project;

4. The development agreement does not bypass any procedural requirements that would otherwise apply to the project;

5. The development agreement demonstrates reasonable certainty for completion of a project;

6. The development agreement shall promote the general welfare by balancing public and private interests; and

7. The project proposed by the development agreement must provide a significant public benefit.

H. Recording. According to RCW 36.70B.190, a development agreement shall be recorded with the real property records of the Snohomish County recording division. The development agreement shall be recorded within thirty days of the date of approval by the city council of the development agreement.

I. Modifications. Unless stated otherwise in the development agreement, modifications to an approved development agreement require city council approval. Requests for modifications shall follow the requirements of this chapter for an initial development agreement approval.

J. Validity. Once recorded, development agreements are binding between the parties and their successors throughout the duration of the development agreement specified within the agreement.

K. Annual Review. The city shall, at least every twelve months during the term of an executed development agreement, review the extent of good faith substantial compliance with the contractual obligations of the development agreement by the parties specified within the agreement. (Ord. 020/2025 § 9 (Exh. H); Ord. 005/2019 § 10 (Exh. B))

22.70.050 Enforcement.

Unless amended or terminated, a development agreement is enforceable during its term by a party to the agreement, as permitted by law, without limiting the foregoing or the city’s police power. 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. The parties to a development agreement may agree to additional or supplemental enforcement provisions. If the parties subject to the development agreement are found to be in violation of the contractual obligations specified therein, the city council shall review the terms of the agreement and determine if corrective action is needed to enforce its provisions. (Ord. 005/2019 § 10 (Exh. B))

22.70.060 Appeals.

The decision of the city council to approve or reject a development agreement shall be final and conclusive; provided, that development agreements related to project permits are subject to appeal upon timely appeal submittal to the Snohomish County superior court. (Ord. 005/2019 § 10 (Exh. B))