21.29.200 Decision criteria.
A. Criteria for Approval. The city council may enter into a development agreement if the following criteria are met:
1. The development agreement must be consistent with the comprehensive plan and any applicable subarea plan;
2. The agreement must provide public benefits, including but not limited to those provided in subsection (C) of this section, that would not otherwise be achieved under the code;
3. The city council determines the agreement serves the public interest, including but not limited to achieving the comprehensive plan and any applicable subarea plan policies;
4. The property is not zoned single-family residential; and
5. The agreement must be consistent with the purpose of this chapter.
B. Flexibility. The development agreement may provide flexibility to the following:
1. Development Regulations. The development agreement may provide flexibility in the development regulations by proposing alternative requirements as agreed to by city council. In no case shall the development agreement allow uses that are not otherwise permitted under this title.
2. Public Infrastructure Requirements. The development agreement may allow modifications to public infrastructure standards to achieve project implementation.
3. Timing. The development agreement may provide flexibility in timing for any division of land, land use, or construction permit review, approval, expiration, or extension requirements.
C. Public Benefits. The city council may seek to balance flexibility for development with additional public benefits by incorporating public benefit elements into the development agreement. The development agreement may include, but need not be limited to, benefits such as the following:
1. Sustainability. The support of sustainability may be sought by including any of the following:
a. Green Building standards such as USGBC LEED or equivalent are incorporated into the development. The level of certification may be determined at time of development agreement approval.
b. Electric vehicle charging stations are provided throughout the development and are made available to the public.
c. Greenhouse gas (GhG) inventories are conducted annually and reported to the city of Lynnwood;
2. Affordable Housing. The development may be required to provide a portion of units to be affordable housing, as defined by RCW 84.14.010. The range of income qualifications, number of units, and term length shall be determined at time of development agreement approval;
3. Park and Open Space. Development may be required to dedicate a portion of land for the use of parks and open space as consistent with the adopted Parks, Recreation, Open Space Plan or any other applicable parks plan. Land dedication may be used to offset park impact fees per Chapter 3.107 LMC;
4. Economic Benefits. The city council may require an economic benefits analysis to be conducted prior to or following the adoption of the development agreement;
5. Public Infrastructure. The development agreement may outline public infrastructure improvements that are provided by the developer. These projects may be credited to applicable service, connection, or impact fees;
6. Public Art and Placemaking. The development agreement may outline elements of public art and other placemaking methods that exceed currently adopted requirements; or
7. Other Public Benefits. The agreement may include other public benefits as proposed by an applicant and approved by the city council. (Ord. 3373 § 7, 2020; Ord. 3340 § 6, 2019)