15.03.200 Development agreements.
A. Development Agreements Authorized. The city may enter into a development agreement pursuant to Chapter 36.70B RCW with a person having ownership or control of real property within the city or for real property outside the city as part of a proposed annexation or a service agreement.
1. 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.
2. A development agreement shall be consistent with applicable development regulations adopted by the city under Chapter 36.70A RCW.
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, other financial contributions by the property owner, inspection fees, or dedications;
c. Mitigation measures, development conditions, and other requirements under Chapter 43.21C RCW;
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. 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.
5. A development agreement shall be recorded with the real property records of Snohomish County. During the term of the development agreement, the agreement is binding on the parties and their successors, including if the city assumes jurisdiction through incorporation or annexation of the area covering the property covered by the development agreement.
B. Development Agreements—Public Hearing Required.
1. The city shall only approve a development agreement by ordinance or resolution after a public hearing.
2. The public hearing shall be conducted in conjunction with the underlying land use action. In the event the underlying land use action does not require a public hearing, a public hearing following Type III Review Process in Chapter 15.02 shall be conducted by the hearing examiner, with a recommendation to the city council.
3. See Chapter 15.02 for procedures for notice and conduct of public hearings for development agreements.
4. Minor modifications to development agreements, as set forth in subsection C of this section, do not require a public hearing.
C. Modification of Development Agreements.
1. Minor Modifications.
a. The applicant may apply for a minor modification to a development agreement following Review Process I set forth in Chapter 15.02.
b. The planning director will review and decide upon an application for a minor modification. If the planning director determines that notice to contiguous property owners should be provided regarding the minor changes, the planning director may require the proposed modification to be reviewed using Review Process II set forth in Chapter 15.02.
c. The planning director may approve a minor modification only if he or she finds that:
(1) The change is necessary because natural features of the subject property not foreseen by the applicant or by the city prior to approval of the development agreement; and
(2) The change will not result in reducing the landscaped area, buffering areas or the amount of open space on the project required by the development agreement; and
(3) The change will not result in increasing the residential density or gross floor area of the project as approved by the development agreement; and
(4) The change will not result in any structure, or vehicular circulation or parking area which will adversely affect abutting property or public right-of-way, or conflict with any provisions of the development agreement or Title 19; and
(5) The planning director determines that the change will not increase any adverse impacts or undesirable effects of the project and that the change in no way significantly alters the project.
2. Major Modifications. The applicant may seek a modification to the approved site plan that does not meet all of the requirements of subsection A of this section by submitting an application which will be reviewed by the city using the procedures set forth in this section as if it were an application for a new development agreement. (Ord. 3774-20 § 3 (Exh. 2), 2020.)