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City of Tukwila <br />Jim Haggedon, Mayor <br />INFORMATIONAL MEMORANDUM <br />TO: Planning Commission <br />BY: Brandon J. Miles, Senior Planner <br />DATE: May 18, 2012 <br />SUBJECT: Development Agreement Procedures <br />ISSUE <br />The City Council has requested that the Planning Commission review and provide a <br />recommendation on a draft Ordinance which will provide specific authority for the City to enter <br />into Development Agreements (DAs). <br />BACKGROUND <br />As authorized by state law, the City regularly uses DAs to provide certainty in the development <br />process. Municipal Research and Services Center of Washington provides the following <br />narrative on what a DA is: <br />"A development agreement is a contract between a local jurisdiction and a person who has <br />ownership or control of property within the jurisdiction. The purpose of the agreement is to <br />specify the standards and conditions that will govern development of the property. The <br />development agreement provides assurance to the developer that he /she may proceed to <br />develop the project subject to the rules and regulations in effect at the time of approval the <br />development will not be subject to subsequent changes in regulations. Development <br />agreements should also benefit the local jurisdiction. The city or county may include conditions <br />(mitigation measures) that must be met to assure that a project at a specific location does not <br />have unacceptable impacts on neighboring properties or community infrastructure. The <br />agreement may clarify how the project will be phased, the required timing of public <br />improvements, the developer's contribution toward funding system -wide community <br />improvements, and other conditions. The agreement can also facilitate enforcement of <br />requirements, since it is a contract that details the obligations of the developer and local <br />jurisdiction' <br />DAs are specifically useful for large and /or complex developments, such as Tukwila South, <br />Westfield Southcenter and the future Tukwila Village site. The authority for the City to enter into <br />a DA is granted to the City under Revised Code of Washington 36.70B.170. DAs are legislative <br />acts, which means that the City has considerable discretion on whether to enter into a <br />development agreement or not. <br />DISCUSSION <br />The City Attorney's office is recommending that the City add specific language to the Tukwila <br />Municipal Code (TMC) Title 18 to codify the process for the City to enter into Development <br />Agreements and specify the scope and content of such agreements. The attached Ordinance <br />reflects the processes that are currently used by the City in the process of DAs under state law. <br />The Ordinance simply codifies the City's process within the City's Development regulations <br />(TMC Title 18). <br />http: /www.mrsc.org/ subjects planning /lu /developagreements.aspx <br />3 <br />