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Section 1. Develobment Agreements Authorized. The City may enter into a development <br />agreement with a person having ownership or control of real property within its jurisdiction. The City <br />may enter into a development agreement for real property outside its boundaries as part of a proposed <br />annexation or a service agreement. A development agreement must set forth the development <br />standards and other provisions that shall apply to and govern and vest the development, use, and <br />mitigation of the development of the real property for the duration specified in the agreement. <br />Section 2. "Develobment Standards" Defined. For purposes of this Ordinance, the term <br />"development standards" means and includes, but is not limited to: <br />(1) Project elements such as permitted uses, residential densities, and nonresidential densities <br />and intensities or building sizes, <br />(2) The amount and payment of impact fees imposed of agreed to in accordance with any <br />applicable provisions of state law, any reimbursement provisions, other financial contributions by the <br />property owner, or dedications, <br />(3) Mitigation measures, development conditions, and other requirements under chapter <br />43210 RCW, <br />(4) Design standards such as maximum heights, setbacks, drainage and water quality <br />requirements, landscaping, and other development features, <br />(5) Parks and open space preservation; <br />(6) Phasing, <br />(7) Review procedures and standards for implementing decisions; <br />(8) A build -out or vesting period for applicable standards, and <br />(9) Any other development requirement or procedure deemed appropriate by the City Council. <br />Section 3. Develobment Standards. Flexibility. A development agreement shall be consistent <br />with applicable development regulations to the fullest,,, extent possible, I)r•oi a development <br />agreement may allow development standards different from those otherwise imposed under the <br />Tukwila Municipal Code in order to provide flexibility to achieve public benefits, respond to changing <br />cone nunity needs, or encourage modifications which provide the functional equivalent or adequately <br />achieve the purposes of otherwise applicable City standards. Any approved development standards <br />that differ from those in the Code shall not require any further zoning reclassification, variance from <br />City standards or other City approval apart from development agreement approval. The development <br />standards as approved through a development agreement shall apply to and govern the development <br />and implementation of each covered site in lieu of any conflicting or different standards or requirements <br />elsewhere in the Tukwila Municipal Code. Subsequently adopted standards which differ from those of <br />a development agreement adopted by the City as provided in this Ordinance shall apply to the covered <br />development project only where necessary to address ini ninent public health and safety hazards or <br />where the development agreement specifies a time period or phase after which certain identified <br />standards can be modified. Determination of the appropriate standards for future phases which are not <br />fully defined during the initial approval process may be postponed. Building permit applications shall <br />be subject to the building codes and fire codes in effect when the permit is applied for. <br />Z: DCD n Clerks PC Laserfiche Packet S-24-12 PC Packet Draft Ordinance, 21112.I1i.17,doc a 0 18 12 <br />!•J <br />