Any approved development standards that differ from those in the code shall not require any further rezone, variance from city standards or other city approval apart from development agreement approval. The 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 Sumner Municipal Code.

Subsequently adopted standards which differ from those of a development agreement adopted by the city 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.

Projects subject to a development agreement are required to obtain approval for all applicable project permits unless otherwise expressly provided for in the approved development agreement.

To provide flexibility to achieve public benefits; or

In order to respond to changing community needs; or

To encourage modifications which provide the functional equivalent or adequately achieve the purposes of otherwise applicable city standards.

The project preserves significant historic structures or demonstrates preservation and enhancement of the existing downtown character; and

The project will provide public amenities above that required by the existing zoning standards, including but not limited to parks, shoreline access, plazas, and/or pedestrian connections; and

The project will result in a superior design solution to what would otherwise be achieved by applying the specific requirements of chapter 18.40 SMC, Design and Development Guidelines; and

The proposed deviations to zoning development standards are consistent with the public health, safety, convenience and general welfare.

A development agreement cannot authorize deviations from requirements of SMC 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.

A development agreement cannot authorize deviations from requirements of SMC Title 16, Environment.

A development agreement cannot authorize deviations from the requirements of the Sumner Shoreline Master Program.

Project components which define and detail the permitted uses, residential densities, nonresidential densities and intensities or building sizes;

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;

Mitigation measures, development conditions and other requirements of chapter 43.21C RCW;

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

Provisions for affordable housing, if applicable;

Parks and common open space preservation;

Phasing;

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

Any other appropriate development requirement or procedure which is based upon a city policy, rule, regulation or standard.

If the final decision on the underlying project permit application is made by the hearing examiner, then the hearing examiner shall consider both the project permit application and the proposed development agreement together during the public hearing. The hearing examiner shall make a recommendation to the council on the development agreement and his/her decision on the underlying project permit application shall be held in abeyance until the city council considers the proposed development agreement in a public hearing. If the city council approves the development agreement, the council shall, by ordinance or resolution, authorize the mayor to execute the development agreement on behalf of the city. At this point, the hearing examiner may then issue his/her final decision on the underlying project permit application. Nothing in this section obligates the hearing examiner to forward a recommendation to the city council for further consideration if the hearing examiner denies the underlying project permit application.

If the final decision on the underlying project permit application is made by the city administrative staff, then the city staff shall consider both the project permit application and the proposed development agreement together. The city staff shall make a recommendation to the council on the development agreement, and the city staff's decision on the underlying project permit application shall be held in abeyance until the city council considers the proposed development agreement in a public hearing. If the city council approves the development agreement, the council shall, by ordinance or resolution, authorize the mayor to execute the development agreement on behalf of the city. At this point, the city staff may then issue its final decision on the underlying project permit application. Nothing in this section obligates city staff to forward a recommendation to the city council for further consideration if city staff denies the underlying project permit application.

If a final decision on an underlying project permit application has been previously made by the hearing examiner or city administrative staff and the application was approved, the city staff shall make a recommendation to the council on the development agreement. A public hearing shall be held on the development agreement and, if approved, the council shall authorize the mayor, in an ordinance or resolution, to execute the development agreement on behalf of the city.

Class D notice per SMC § 18.56.070(B)(4) shall be provided.

All costs associated with the public notice shall be borne by the applicant.

Development agreements may be approved for a maximum period of 20 years.

In determining the appropriate term for a development agreement, the council should consider the type, size and location of development and phasing if proposed.

Extensions. If extensions are authorized in a development agreement, an applicant must request the extension at least 60 days prior to expiration. For development agreements associated with project permit applications, the development services director may grant an extension for up to five years if the applicant can satisfactorily show that, for a residential project, at least 50 percent of the residential units are constructed, or for nonresidential and mixed use projects, 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. In no case shall an extension be granted which would allow a development agreement to exceed 20 years.