HomeMy WebLinkAboutOrd 2378 - Development AgreementsCover page to Ordinance2378
The full text of the ordinance follows this cover page.
Ordinance2378was amended or repealedby the following ordinances.
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2-92741
C i ty of u la
Washington
Ordinance No. 2378
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUKWILA, WASHINGTON, ESTABLISHING
NEW REGULATIONS TO BE CODIFIED AT TUKWILA
MUNICIPAL CODE CHAPTER 18.86 RELATING TO
DEVELOPMENT AGREEMENTS; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, RCW 36.708.170 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 commercial 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 36.708.210 to
allow local governments and owners and developers of real property to enter
into development agreements.
1995 c 347 501; and
and
WHEREAS, the City Council concurs with the legislative findings referenced above;
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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, HEREBY ORDAINS AS FOLLOWS:
Section 1. Regulations Established. Tukwila Municipal Code (TMC) Chapter
18.86, "Development Agreements," is hereby established to read as follows:
CHAPTER 18.86
DEVELOPMENT AGREEMENTS
Sections:
18.86.010
Development Agreements Authorized
18.86.020
"Development Standards" Defined
18.86.030
Development Standards, Flexibility
18.86.040
Exercise of City Police Power and Contract Authority
18.86.050
Form Public Hearing Required
18.86.060
Conditions of Approval
18.86.070
Recording
18.86.080
Discretionary, Legislative Act
Section 2. TMC Section 18.86.010 is hereby established to read as follows:
18.86.010 Development 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 3. TMC Section 18.86.020 is hereby established to read as follows:
18.86.020 "Development Standards" Defined.
For purposes of this chapter, the term "development standards" means and includes, but
is not limited to:
1. Project elements such as permitted uses, residential densities, and non-
residential densities and intensities or building sizes;
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2. 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, or dedications;
3. Mitigation measures, development conditions, and other requirements under
chapter 43.21 C 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 4. TMC Section 18.86.030 is hereby established to read as follows:
18.86.030 Development Standards, Flexibility.
A development agreement shall be consistent with applicable development regulations to
the fullest extent possible; provided, 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 community
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 that differ
from those of a development agreement adopted by the City as provided in this chapter
shall apply to the covered development project only where necessary to address imminent
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 that are not fully defined during the initial
approval process may be postponed. Building permit applications shall be subject to the
building codes /regulations /ordinances and fire codes /regulations /ordinances in effect when
the permit is applied for.
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Section 5. TMC Section 18.86.040 is hereby established to read as follows:
18.86.040 Exercise of City 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 fund 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 6. TMC Section 18.86.050 is hereby established to read as follows:
18.86.050 Form Public Hearing Required.
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. Development agreements shall be approved by ordinance or resolution and
shall be subject to review and approval by the City Council after a duly noticed public
hearing pursuant to RCW 36.70B.200.
Section 7. TMC Section 18.86.060 is hereby established to read as follows:
18.86.060 Conditions of Approval.
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 environment, 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.
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Section 8. TMC Section 18.86.070 is hereby established to read as follows:
18.86.070 Recording
A development agreement shall be recorded with the real property records of the county
in which the property is located pursuant to RCW 36.70B.190.
Section 9. TMC Section 18.86.080 is hereby established to read as follows:
18.86.080 Discretionary, Legislative Act.
The decision of the City Council to approve or reject a request for a development
agreement shall be a discretionary, legislative act.
Section 10. 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 this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section /subsection numbering.
Section 11. Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 12. Effective Date. This ordinance or a summary thereof shall be
published in the official newspaper of the City, and shall take effect and be in full force
five days after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this /2* day of "J�fv 2012.
ATTEST/ UTHENTICATED:
Christy O'Flah y, MMC, City C14'fk 2 6 agge ��Wayor
APPROVED AS TO FORM BY:
helley M. Kerslake, City Attorney
Filed with the City Clerk: -J A
Passed by the City Council:11
Published:
Effective Date:
Ordinance Number: r
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City of Tukwila Public Notice of Ordinance Adoption for Ordinance 2378.
On June 18, 2012 the City Council of the City of Tukwila, Washington, adopted the
following ordinance, the main points of which are summarized by title as follows:
Ordinance 2378: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ESTABLISHING NEW REGULATIONS TO BE CODIFIED
AT TUKWILA MUNICIPAL CODE CHAPTER 18.86 RELATING TO DEVELOPMENT
AGREEMENTS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
The full text of this ordinance will be provided upon request.
Christy O'Flaherty, MMC, City Clerk
Published Seattle Times: June 21, 2012