HomeMy WebLinkAboutPlanning 2012-05-24 Item 4 - Development Agreement ProceduresCity of Tukwila
Jim Haggedon, Mayor
INFORMATIONAL MEMORANDUM
TO: Planning Commission
BY: Brandon J. Miles, Senior Planner
DATE: May 18, 2012
SUBJECT: Development Agreement Procedures
ISSUE
The City Council has requested that the Planning Commission review and provide a
recommendation on a draft Ordinance which will provide specific authority for the City to enter
into Development Agreements (DAs).
BACKGROUND
As authorized by state law, the City regularly uses DAs to provide certainty in the development
process. Municipal Research and Services Center of Washington provides the following
narrative on what a DA is:
"A development agreement is a contract between a local jurisdiction and a person who has
ownership or control of property within the jurisdiction. The purpose of the agreement is to
specify the standards and conditions that will govern development of the property. The
development agreement provides assurance to the developer that he /she may proceed to
develop the project subject to the rules and regulations in effect at the time of approval the
development will not be subject to subsequent changes in regulations. Development
agreements should also benefit the local jurisdiction. The city or county may include conditions
(mitigation measures) that must be met to assure that a project at a specific location does not
have unacceptable impacts on neighboring properties or community infrastructure. The
agreement may clarify how the project will be phased, the required timing of public
improvements, the developer's contribution toward funding system -wide community
improvements, and other conditions. The agreement can also facilitate enforcement of
requirements, since it is a contract that details the obligations of the developer and local
jurisdiction'
DAs are specifically useful for large and /or complex developments, such as Tukwila South,
Westfield Southcenter and the future Tukwila Village site. The authority for the City to enter into
a DA is granted to the City under Revised Code of Washington 36.70B.170. DAs are legislative
acts, which means that the City has considerable discretion on whether to enter into a
development agreement or not.
DISCUSSION
The City Attorney's office is recommending that the City add specific language to the Tukwila
Municipal Code (TMC) Title 18 to codify the process for the City to enter into Development
Agreements and specify the scope and content of such agreements. The attached Ordinance
reflects the processes that are currently used by the City in the process of DAs under state law.
The Ordinance simply codifies the City's process within the City's Development regulations
(TMC Title 18).
http: /www.mrsc.org/ subjects planning /lu /developagreements.aspx
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INFORMATIONAL MEMO
Page 2
FINANCIAL IMPACT
None.
RECOMMENDATION
Staff recommends that the attached Ordinance be forwarded to the City Council for approval.
ATTACHMENTS
Draft Ordinance
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AN ORDINANCE OF THE CITY COUNCIL OF CITY OF
TUKWILA, WASHINGTON, RELATING TO
DEVELOPMENT AGREEMENTS; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE
WHEREAS, RCW 3 16.7013. 170 authorizes the City to enter into "development agreements"
with persons having ownership or control of real property, and
WHEREAS, in adopting such statute, the Washington Legislature made the following finding:
The legislature finds that the lack of certainty in the approval of development projects
can result in a waste of public and private resources, escalate housing costs for
consumers and discourage the commitment to comprehensive planning which would
make maximum efficient use of resources at the least economic cost to the public.
Assurance to a development project applicant that upon government approval the
project may proceed in accordance with existing policies and regulations, and subject
to conditions of approval, all as set forth in a development agreement, will strengthen
the public planning process, encourage private participation and comprehensive
planning, and reduce the economic costs of development. Further, the lack of public
facilities and services is a serious impediment to development of new housing and
conunercial uses. Project applicants and local governments may include provisions and
agreements whereby applicants are reimbursed over time for financing public facilities.
It is the intent of the legislature by RCW 36.7013.170 through 36.7013210 to allow
local governments and owners and developers of real property to enter into
development agreements.
1995 c 347 501; and
WHEREAS, the City Council concurs with the legislative findings referenced above; and
WHEREAS, on June, 11, 2012, the Tukwila City Council conducted a public hearing to
consider the proposed Ordinance; and
WHEREAS, the City Council finds that development agreements may be appropriate in
certain circumstances as a means to consolidate numerous issues involved in complex development
projects into a single controlling instrument, benefiting the City, its citizens, and members of the
regulated public;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
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Section 1. Develobment Agreements Authorized. The City may enter into a development
agreement with a person having ownership or control of real property within its jurisdiction. The City
may enter into a development agreement for real property outside its boundaries as part of a proposed
annexation or a service agreement. 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.
Section 2. "Develobment Standards" Defined. For purposes of this Ordinance, the term
"development standards" means and includes, but is not limited to:
(1) Project elements such as permitted uses, residential densities, and nonresidential densities
and intensities or building sizes,
(2) The amount and payment of impact fees imposed of agreed to in accordance with any
applicable provisions of state law, any reimbursement provisions, other financial contributions by the
property owner, or dedications,
(3) Mitigation measures, development conditions, and other requirements under chapter
43210 RCW,
(4) Design standards such as maximum heights, setbacks, drainage and water quality
requirements, landscaping, and other development features,
(5) Parks and open space preservation;
(6) Phasing,
(7) Review procedures and standards for implementing decisions;
(8) A build -out or vesting period for applicable standards, and
(9) Any other development requirement or procedure deemed appropriate by the City Council.
Section 3. Develobment Standards. Flexibility. A development agreement shall be consistent
with applicable development regulations to the fullest,,, extent possible, I)r•oi a development
agreement may allow development standards different from those otherwise imposed under the
Tukwila Municipal Code in order to provide flexibility to achieve public benefits, respond to changing
cone nunity needs, or encourage modifications which provide the functional equivalent or adequately
achieve the purposes of otherwise applicable City standards. Any approved development standards
that differ from those in the Code shall not require any further zoning reclassification, 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 site in lieu of any conflicting or different standards or requirements
elsewhere in the Tukwila Municipal Code. Subsequently adopted standards which differ from those of
a development agreement adopted by the City as provided in this Ordinance shall apply to the covered
development project only where necessary to address ini ninent public health and safety hazards or
where the development agreement specifies a time period or phase after which certain identified
standards can be modified. Determination of the appropriate standards for future phases which are not
fully defined during the initial approval process may be postponed. Building permit applications shall
be subject to the building codes and fire codes in effect when the permit is applied for.
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Section 4. Exercise of Citv Police Power and Contract Authority. As provided in RCW
36.70B.170(4), the execution of a development agreement is a proper exercise of the City's police
power and contract authority. Accordingly, a development agreement may obligate a party to fiord or
provide services, infrastructure, or other facilities. A development agreement shall reserve authority to
impose new or different regulations to the extent required by a serious threat to public health and
safety.
Section 5. Form Public Hearinu Reauired. Development agreements shall be consistent with
RCW 36.70B.170 through 36.70B.210. All development agreements shall be in a form and content as
approved by the city attorney and shall be subject to review and approval by the City Council after a
duly noticed public hearing pursuant to RCW 36.7013200.
Section 6. Conditions of Abbroval. In approving a development agreement, conditions of
approval shall at a minimum establish:
(1) A site plan for the entire project, showing locations of sensitive areas and buffers, required
open spaces, perimeter buffers, location and range of densities for residential development, and location
and size of non residential development,
(2) The expected build -out time period for the entire project and the various phases, if
proposed,
(3) Project phasing, if proposed, and other„ project specific conditions to mitigate impacts on
the enviromnent, on public facilities and services including transportation, utilities, drainage, police and
fire protection, schools, and parks,
(4) Road and storm water design standards that shall apply to the various phases, if proposed,
of the project,
(5) Bulk design and dimensional standards that shall be implemented throughout subsequent
development within the project,
(6) The size and range of uses authorized for any non residential development within the
project, and
(7) Any sewer and /or water comprehensive utility plans or amendments required to be
completed before development can occur.
(8) Any other item deemed necessary by the City Council.
Section 7,. Discretionary_ Leuislative Act. The decision of the City Council to approve or
reject a request for a,development agreement shall be a discretionary, legislative act.
Section 8. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney,
the City Clerk and the code reviser are authorized to make necessary corrections to the ordinance,
including correction of clerical errors, references to other local, state or federal laws, codes rules, or
regulations, or ordinance numbering and section/subsection numbering.
Section 9. Severabilitv. Should any section, paragraph, sentence, clause or phrase of this
Ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise
invalid for any reason, or should any portion of this Ordinance be pre- empted by state or federal law or
regulation, such decision or pre emption shall not affect the validity of the remaining portions of this
Ordinance or its application to other persons or circumstances.
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Section 10. Effective Date. This Ordinance shall be published in the official newspaper of the
City, and shall take effect and be in fill force five (5) days after the date of publication.
ADOPTED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON THE
DAY OF ?O1?.
CITY OF TUKWIL.A
Jim Haggerton, Mayor
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
Approved as to form:
Shelley M. Kerslake, City Attorney
Filed with the City Clerk:
Passed by the City Council:
Date of Publication:
Effective Date:
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