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Section 4. Exercise of Citv Police Power and Contract Authority. As provided in RCW <br />36.70B.170(4), the execution of a development agreement is a proper exercise of the City's police <br />power and contract authority. Accordingly, a development agreement may obligate a party to fiord or <br />provide services, infrastructure, or other facilities. A development agreement shall reserve authority to <br />impose new or different regulations to the extent required by a serious threat to public health and <br />safety. <br />Section 5. Form Public Hearinu Reauired. Development agreements shall be consistent with <br />RCW 36.70B.170 through 36.70B.210. All development agreements shall be in a form and content as <br />approved by the city attorney and shall be subject to review and approval by the City Council after a <br />duly noticed public hearing pursuant to RCW 36.7013200. <br />Section 6. Conditions of Abbroval. In approving a development agreement, conditions of <br />approval shall at a minimum establish: <br />(1) A site plan for the entire project, showing locations of sensitive areas and buffers, required <br />open spaces, perimeter buffers, location and range of densities for residential development, and location <br />and size of non residential development, <br />(2) The expected build -out time period for the entire project and the various phases, if <br />proposed, <br />(3) Project phasing, if proposed, and other„ project specific conditions to mitigate impacts on <br />the enviromnent, on public facilities and services including transportation, utilities, drainage, police and <br />fire protection, schools, and parks, <br />(4) Road and storm water design standards that shall apply to the various phases, if proposed, <br />of the project, <br />(5) Bulk design and dimensional standards that shall be implemented throughout subsequent <br />development within the project, <br />(6) The size and range of uses authorized for any non residential development within the <br />project, and <br />(7) Any sewer and /or water comprehensive utility plans or amendments required to be <br />completed before development can occur. <br />(8) Any other item deemed necessary by the City Council. <br />Section 7,. Discretionary_ Leuislative Act. The decision of the City Council to approve or <br />reject a request for a,development agreement shall be a discretionary, legislative act. <br />Section 8. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, <br />the City Clerk and the code reviser are authorized to make necessary corrections to the ordinance, <br />including correction of clerical errors, references to other local, state or federal laws, codes rules, or <br />regulations, or ordinance numbering and section/subsection numbering. <br />Section 9. Severabilitv. Should any section, paragraph, sentence, clause or phrase of this <br />Ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise <br />invalid for any reason, or should any portion of this Ordinance be pre- empted by state or federal law or <br />regulation, such decision or pre emption shall not affect the validity of the remaining portions of this <br />Ordinance or its application to other persons or circumstances. <br />Z: DCD n C1erk5 PC Laserfiche Packet S-24-12 PC Packet Draft Ordinance, 20I2.0S.17,duc O S I X R 12 <br />7 <br />