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HomeMy WebLinkAbout4378 Ordinance - Amending PMC Creating Chpater 26.50 ORDINANCE NO. i.,437S AN ORDINANCE of the City of Pasco, Washington, Creating Chapter 26.50"GMA Development Agreements" WHEREAS, RCW 36.70B.170 authorizes local governments to enter into GMA Development Agreements with persons having ownership or control of real property within its jurisdiction; and WHEREAS, RCW 36.70B.170 authorizes local governments to enter into GMA Development Agreements for real property outside its boundaries as part of a proposed annexation or a service agreement; and WHEREAS, The City of Pasco City Council 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 and that 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 GMA Development Agreement, will strengthen the public planning process, encourage private participation and comprehensive planning, and reduce the economic costs of development.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That a new Chapter 26.50 entitled GMA Development Agreements of the Pasco Municipal Code, shall be and hereby is adopted and shall read as follows: Chapter 26.50 GMA DEVELOPMENT AGREEMENTS Sections: 26.50.010 GMA Development Agreements Authorized. 26.50.020 Enforceability. 26.50.030 Recording. 26.50.040 Approval. 26.50.010 GMA DEVELOPMENT AGREEMENTS AUTHORIZED. (1) The City may enter into a GMA Development Agreement with a person having ownership or control of real property within its jurisdiction. The City may enter into a GMA Development Agreement for real property outside its boundaries as part of a proposed annexation or a utility service agreement. A GMA Development Agreement must set forth the Ordinance—Adopting PMC 26.50- 1 development standards and other provisions that shall apply to, govern and vest the development, use, and mitigation of the development of the real property for the duration specified in the agreement. A GMA Development Agreement shall be consistent with all applicable development regulations. (2) Sections 26.50.010 through 26.50.030 do not affect the validity of a contract rezone, concomitant agreement, annexation agreement, or other agreement in existence or adopted under separate authority, that includes some or all of the development standards provided in subsection(3)of this section. (3) For the purposes of this section, "development standards" include, but are not limited to: (a) Project elements such as permitted uses, residential densities, and nonresidential densities and intensities or building sizes; (b) The amount and payment of impact and mitigation fees imposed or agreed to in accordance with any applicable provisions of state law, any reimbursement provisions or other financial contributions by the property owner, inspection fees, or dedications; (c) Mitigation measures, development conditions, and other requirements under RCW 43.21C; (d) Design standards such as maximum heights, setbacks, drainage and water quality requirements, landscaping, and other development features; (e) Affordable housing; (0 Parks and open space preservation; (g) Phasing; (h) Review procedures and standards for implementing decisions; (i) A build-out or vesting period for applicable standards; and (j) Any other appropriate development requirement or procedure. (4) The execution of a GMA Development Agreement is a proper exercise of the City's police power and contract authority. A GMA Development Agreement may obligate a party to fund or provide services, infrastructure, or other facilities. A GMA Development Agreement shall reserve authority to impose new or different regulations to the extent required by a serious threat to public health and safety. GMA Development Agreements within the City are limited to a ten-year timeframe. An extension of one to ten years may be exercised upon mutual approval of both the developer and the City (PMC 26.50.010). GMA Development Ordinance—Adopting PMC 26.50-2 Agreements outside the City continue in effect until a date as specified in the Agreement. at--least Agreements outside the City may contain variable expiration dates for some or all of the standards listed in 26.50.010 (3). 26.50.020 ENFORCEABILITY. Unless amended or terminated, a GMA Development Agreement is enforceable during its term by a party to the agreement. A GMA Development Agreement and the development standards incorporated in the agreement govern during the term of the agreement, or for all or that part of the build-out period specified in the agreement, and may not be subject to an amendment to a zoning ordinance or development standard or regulation or a new zoning ordinance or development standard or regulation adopted after the effective date of the agreement. A permit or approval issued by the City after the execution of the GMA Development Agreement must be consistent with the terms of the GMA Development Agreement. 26.50.030 RECORDING. A GMA Development Agreement shall be recorded with the real property records of Franklin County. During the term of the GMA Development Agreement,the agreement is binding on the parties and their successors, including the City when it assumes jurisdiction through incorporation or annexation of the property covered by the GMA Development Agreement. 26.50.040 APPROVAL. The City shall only approve a GMA Development Agreement after a pre-decision open record public hearing. The public hearing shall be held before the Planning Commission whose recommendation and record shall be acted on by the City Council by Resolution approving or denying the GMA Development Agreement. Section 2. This Ordinance shall take full force and effect five (5) days after its approval,passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this&'day of Rbruar y , 2018. /117# 201 ----- Matt Watkins, ayor AT ST: APPROVED AS TO FORM: Daniela Erickson, City Clerk Leland B. Kerr, City Attorney Ordinance—Adopting PMC 26.50-3