Drafter

Clerk 07/25/2001

title

AN ORDINANCE relating to natural resources, converting the TDC Pilot Program to permanent status, establishing a new chapter in K.C.C. Title 21A for a transfer of development rights program, relocating the provisions of the transfer of development credit (TDC) pilot program in K.C.C. chapter 21A.55 to the new chapter, repealing the transfer of residential density credits program in K.C.C. chapter 21A.36; amending Ordinance 13274, Section 1, and K.C.C. 21A.55.100, Ordinance 13274, Section 4, as amended, and K.C.C. 21A.55.130, Ordinance 13274, Section 5, as amended, and K.C.C. 21A.55.140, Ordinance 13274, Section 6, as amended, and K.C.C. 21A.55.150, Ordinance 13274, Section 7, and K.C.C. 21A.55.160, Ordinance 13274, Section 8, and K.C.C. 21A.55.170, Ordinance 13274, Section 9, and K.C.C. 21A.55.180, Ordinance 13733, Section 8, as amended, and K.C.C. 21A.55.200, Ordinance 13733, Section 10, and K.C.C. 21A.55.210, Ordinance 13733, Section 11, and K.C.C. 21A.55.220, Ordinance 13733, Section 12, and K.C.C. 21A.55.230, Ordinance 13733, Section 13, and K.C.C. 21A.55.240, Ordinance 13733, Section 14, and K.C.C. 21A.55.250, Ordinance 13733, Section 15, and K.C.C. 21A.55.260, Ordinance 13733, Section 16, and K.C.C. 21A.55.270, Ordinance 12076, Section 9, as amended, and K.C.C. 4.08.015, Ordinance 13733, Section 9, and K.C.C. 4.08.327, Ordinance 12196, Section 9, as amended, and K.C.C. 20.20.020, Ordinance 4461, Section 2, as amended, and K.C.C. 20.24.080, Ordinance 10870, Section 95, and K.C.C. 21A.06.275, Ordinance 13733, Section 1, and K.C.C. 21A.06.943, Ordinance 13733, Section 2, and K.C.C. 21A.06.1011A, Ordinance 13733, Section 3, and K.C.C. 21A.06.1273, Ordinance 13733, Section 4, and K.C.C. 21A.06.1273A, Ordinance 13733, Section |1013|, and K.C.C. 21A.06.1273B, Ordinance 13733, Section 6, and K.C.C. 21A.06.1273C, Ordinance 13733, Section 7, and K.C.C. 21A.06.1273D, Ordinance 10870, Section 340, as amended, and K.C.C. 21A.12.030, Ordinance 10870, Section 341, as amended, and K.C.C. 21A.12.040, Ordinance 10870, Section 344, as amended, and K.C.C. 21A.12.070, Ordinance 10870, Section 563, as amended, and K.C.C. 21A.34.040, Ordinance 10870, Section 564, and K.C.C. 21A.34.050, Ordinance 10870, Section 565, and K.C.C. 21A.34.060, Ordinance 13332, Section 32, and K.C.C. 27.10.170, adding a new chapter to K.C.C. Title 21A, adding new sections to K.C.C. chapter 21A.06, recodifying K.C.C. 21A.55.100, 21A.55.130, 21A.55.140, 21A.55.150, 21A.55.160, 21A.55.170, 21A.55.180, 21A.55.200, 21A.55.210, 21A.55.220, 21A.55.230, 21A.55.240, 21A.55.250, 21A.55.260 and 21A.55.270 and repealing Ordinance 10870, Section 568, and K.C.C. 21A.36.010, Ordinance 10870, Section 569, and K.C.C. 21A.36.020, Ordinance 10870, Section 570, as amended, and K.C.C. 21A.36.030, Ordinance 10870, Section 571, as amended, and K.C.C. 21A.36.040, Ordinance 10870, Section 572, and K.C.C. 21A.36.050, Ordinance 10870, Section 573, and K.C.C. 21A.36.060, Ordinance 13274, Section 2, and K.C.C. 21A.55.110, and Ordinance 13274, Section 3, and K.C.C. 21A.55.120.

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                     PREAMBLE:

The Growth Management Act identifies transfer of development rights as an innovative technique for land use management.

King County has a long tradition of developing innovative strategies to conserve resource and environmentally sensitive lands that are essential to this region's quality of life.

Protecting farms and forests, endangered species habitat and regional trails are goals of the countywide planning policies and the King County Comprehensive Plan.

Countywide planning policy LU-14 recognizes that the county may transfer density from rural area properties to other rural or urban area properties in order to secure county open space land, protect a significant natural resource or retain rural resource-based uses.

Seattle and King County have adopted an interlocal agreement establishing a transfer of development credit program in the Denny Triangle neighborhood in downtown Seattle, the first Urban Center in this region to receive development credits from rural areas.

Through the King County TDC program, seven hundred acres of now public land worth an estimated ten million dollars has been permanently preserved at a public cost of one million seven hundred thousand dollars.

The success of the transfer of development credit pilot program in voluntarily preserving the rural and resource lands while increasing density inside cities is an effective tool in the implementation of the state Growth Management Act, the Countywide Planning Policies and the King County Comprehensive Plan and therefore shall be converted permanent status.

                     BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:

                     SECTION 1.  Findings.  The metropolitan King County council finds that under Ordinance 12196, the requirements for environmental analysis, protections and mitigation measures in this code chapter, as amended by this ordinance, provide adequate analysis of and mitigation for the specific adverse environmental impacts to which the requirements apply.

                     SECTION 2.  K.C.C. 21A.55.100, 21A.55.130, 21A.55.140, 21A.55.150, 21A.55.160, 21A.55.170, 21A.55.180, 21A.55.200, 21A.55.210, 21A.55.220, 21A.55.230, 21A.55.240, 21A.55.250, 21A.55.260 and 21A.55.270, each as amended by this ordinance, should be recodified as a new chapter in K.C.C. Title 21A.

                     SECTION 3.  Ordinance 13274, Section 1, and K.C.C. 21A.55.100 are each hereby amended  To read as follows:

Transfer of development ((credit (TDC) pilot)) rights (TDR) program – purpose.

A.  The purpose of the ((T))transfer of ((D))development ((Credit Pilot)) rights (TDR) ((P))program is to provide a ((new,)) voluntary, incentive-based process for permanently preserving rural, resource and Urban Separator lands that provide a public benefit.  ((The purpose of the TDC Pilot Program process is to allow for testing of the provisions of Ordinance 13274 on initial sending and receiving site proposals.))  The ((TDC)) TDR provisions are intended to supplement land use regulations, resource protection efforts and open space acquisition programs and to encourage increased residential development density, especially inside cities, where it can best be accommodated with the least impacts on the natural environment and public services by:

                     ((A))  1.  Providing an effective and predictable incentive process for rural, resource and Urban Separator land property owners to preserve lands with a public benefit as described in K.C.C. 21A.55.130, as recodified by this ordinance; and

                     ((B))  2.  Providing ((a)) an efficient and streamlined administrative review system to ensure that transfers of ((residential)) development ((credits)) rights to receiving sites are evaluated in a timely way and balanced with other county goals and policies, and are adjusted to the specific conditions of each receiving site.

                     B.  The TDR provisions in this chapter shall only apply to TDR receiving site development proposals submitted on or after the effective date of this ordinance and applications for approval of TDR sending sites submitted on or after the effective date of this ordinance.

                     SECTION 4.  Ordinance 13274, Section 4, as amended, and K.C.C. 21A.55.130 are each hereby amended  to read as follows:

                     Transfer of development ((credit (TDC) pilot)) rights (TDR) program – sending sites.

                     A.  For the purpose of this chapter, "sending site" means the portion of the ((parcel or parcels)) lot or lots qualified under subsection B of this section.  Sending sites may only be located within rural, resource or Urban Separator areas, as designated by the King County Comprehensive Plan and may not be in public ownership.  If the sending site consists of more than one tax lot, the lots must be contiguous.  For purposes of this section, lots divided by a street are considered contiguous if the lots would share a common lot line if the street was removed.  Sending sites shall be maintained in a natural state, except for lands zoned A or F, or lands zoned RA within the rural forest focus areas, or within proposed ((public park or)) regional trail or open space sites suitable for ((active or)) passive recreation ((or historic sites.  Nonresidential uses consistent with the zone may be allowed following the transfer of residential development credits if allowed under the conservation easement)).

                     B.  Qualification of a sending site shall demonstrate that the site contains a public benefit such that preservation of that benefit by transferring residential development ((density)) rights to another site is in the public interest.  A sending site must meet at least one of the following criteria:

                       1.  Designation in the King County Comprehensive Plan or a functional plan as an agricultural ((or forest)) production district or zoned A ((or F or lands zoned RA));

                       2.  Designation in the King County Comprehensive Plan or a functional plan as forest production district or zoned F;

  3.  Designation in the King County Comprehensive Plan or a functional plan as within the rural ((farm or)) forest focus area and zoned RA with a minimum of fifteen acres of forested land that is not encumbered through King County’s development rights purchase program; ((or))

                       ((2.)) 4.  Designation in the King County Comprehensive Plan, or a functional plan as a proposed ((park)) rural or resource area regional trail or rural or resource area open space site, through either:

                         a.  designation of a specific site; or

                         b.  identification of ((geographic areas of)) proposed ((park)) rural or resource area regional trails or rural or resource area open space sites which meet adopted standards and criteria, and for rural or resource area open space sites, meet the definition of open space land, as defined in RCW 84.34.020; ((or))

                       ((3.a.  A written determination by a public land managing agency, including but not limited to the King County department of parks and recreation,)) 5.  Identification as habitat for federal listed endangered or threatened species in a written determination by the King County department of natural resources,(( King County office of cultural resources, a city parks department if a sending site is located within that city’s designated potential annexation area, the Washington state Parks and Recreation Commission or a private land conservation organization such as The Nature Conservancy,)) Washington state Department of Fish and Wildlife, United States Fish and Wildlife Services or a federally recognized tribe that the sending site is appropriate for preservation or acquisition ((as:

                           (1)  open space,

                           (2)  wildlife habitat for federal or state listed endangered or threatened species priority or candidate priority species of local importance; or species of local significance as defined by the King County Comprehensive Plan; or wildlife networks designated by King County, or Priority Habitats as defined by the state,

                           (3)  urban separators,

                           (4)  regional trail/natural linkages, or

                           (5)  historic landmarks.

                         b.  The agency making the written determination of qualification shall state that the sending site is appropriate for preservation or acquisition under that agency’s rules, regulations or guidelines and shall state that the proposed form of permanent protection is acceptable to the agency responsible for managing the sending site once encumbered (i.e. encumbrance with a conservation easement or fee simple ownership).  Following the encumbrance or dedication of the sending site, the remaining land value may be acquired or accepted by the managing agency)); or

  6.  Designation in the King County Comprehensive Plan as Urban Separator and zoned R-1.

                     C.  For the purposes of the ((TDC pilot)) TDR program, "acquisition" means obtaining fee simple rights in real property, or a less than a fee simple right in a form that preserves in perpetuity the public benefit supporting the designation or qualification of the property as a sending site.

                     D.  If a sending site has any outstanding code violations, the person responsible for code compliance should resolve these violations, including any required abatement, restoration, or payment of civil penalties, before a TDR sending site may be qualified by the interagency review committee created under K.C.C. 21A.55.160, as recodified by this ordinance.  However, the interagency may qualify and certify a TDR sending site with outstanding code violations if the person responsible for code compliance has made a good faith effort to resolve the violations and the proposal is in the public interest.

                     E.  For lots on which the entire lot or a portion of the lot has been cleared or graded pursuant to a Class II, III or IV special forest practice as defined in chapter 76.09 RCW within the six years prior to application as a TDR sending site, the applicant must provide an affidavit of compliance with the reforestation requirements of the Forest Practices Act, and any additional reforestation conditions of their forest practice permit.  Lots on which the entire lot or a portion of the lot has been cleared or graded without any required forest practices or county authorization, shall be not qualified or certified as a TDR sending site for six years unless the six-year moratorium on development applications has been lifted or waived.

                     SECTION 5.  Ordinance 13274, Section 5, as amended, and K.C.C. 21A.55.140 are each hereby amended to read as follows:

                     Transfer of development ((credit (TDC) pilot)) rights (TDR) program – receiving sites.  A.  Receiving sites shall be:

                       1.  King County unincorporated urban sites, except as limited in subsection D of this section, ((Z))zoned R-4 through R-48, NB, CB, RB or O, or any combination thereof.  The sites may also be within potential annexation areas established under the countywide planning policies; or

                       2.  ((King County incorporated municipal jurisdictions with urban centers as designated under the countywide planning policies, transit station sites and/or other urban areas)) Cities where new growth is or will be encouraged under the Growth Management Act and the countywide planning policies and where facilities and services exist or where public investments in facilities and services will be made, or

                       3.  RA-2.5 and RA-5 zoned parcels, except as limited in subsection E of this section, that meet the criteria listed in this subsection A.3 may receive development credits transferred from rural forest focus areas, and accordingly may be subdivided and developed at a maximum density of one dwelling per two and one-half acres.  Increased density allowed through the designation of rural receiving areas:

                         a.  must be eligible to be served by domestic Group A public water service;

                         b.  must be located within one-quarter mile of an existing predominant pattern of rural lots smaller than five acres in size;

                         c.  must not adversely impact regionally or locally significant resource areas or environmentally sensitive areas;

                         d.  must not require public services and facilities to be extended to create or encourage a new pattern of smaller lots;

                         e.  must not be located within rural forest focus areas; and

                         f.  must not be located on Vashon or Maury Islands.

                     B.  Except as provided in this chapter, development of an unincorporated King County receiving site shall remain subject to all zoning code provisions for the base zone, except TDR receiving site developments shall comply with dimensional standards of the zone with a base density most closely comparable to the total approved density of the TDR receiving site development.

                     C.  ((Apartments and townhouse units are permitted outright in the R-4 through R-8 zones through the transfer of density credits provisions of this pilot project, subject to the review process described in K.C.C. 21A.55.180.

                     D.))  An unincorporated King County receiving site may accept development ((credits)) rights from one or more sending sites, up to the maximum density permitted under K.C.C. 21A.12.030 and 21A.12.040.

                     ((E.)) D.  Property located within the outer boundaries of the Noise Remedy Areas as identified by the Seattle-Tacoma International Airport may not accept development ((credits)) rights.

                     E.  Property located on Vashon or Maury Islands may not accept development rights.

                     SECTION 6.  Ordinance 13274, Section 6, as amended, and K.C.C. 21A.55.150 are each hereby amended to read as follows:

                     Transfer of development ((credit (TDC) pilot)) rights (TDR) program – ((transfer rules)) calculations.

                     A.  ((Unincorporated urban sending sites and unincorporated urban receiving sites.

                       1.)) The number of residential development ((credits)) rights that an unincorporated ((urban)) sending site is eligible to send to ((an unincorporated urban)) a receiving site shall be determined by((:

                         a.  applying twenty-five percent of the sending site’s base zoned density to the sending site’s unbuildable sensitive areas for R-4 through R-48 zoned properties and one credit per acre for R-1 zoned properties.  Due to the limitations imposed by K.C.C. chapter 21A.24, for the purposes of this chapter unbuildable sensitive areas shall include class 1 and class 2 wetlands, streams, slopes forty percent or steeper and associated buffers; and

                         b.)) applying the TDR sending site base density ((of the zone the sending site is located in)) established in subsection D of this section to the ((remaining portion of the)) area of the sending site ((less)) after the following has been deducted:

                           (((1))) 1.  ((a))Any portion of the sending site already in a conservation easement or other similar encumbrance;

                           (((2) any)) 2.  The amount of land area ((already used to calculate residential density)) equal to the base density in the density and dimensions tables in K.C.C. 21A.12.030 and 21A.12.040 for the zone for ((other)) each existing or proposed residential development unit within the ((sending site)) lot or lots;

                           (((3))) 3.  ((a))Any submerged land;

                           (((4)  regional utility corridors;)) and

                           (((5))) 4.  ((o))Other areas, excluding setbacks, required by King County to remain undeveloped.

                       ((2.)) B.  Any fractions of development ((credits)) rights that result from the calculations in subsection A((.1)) of this section shall not be included in the final determination of total development ((credits)) rights available for transfer.

                       ((3.  The twenty-five percent discount for unbuildable sensitive areas in subsection A.1.a of this subsection shall not be applied to urban sending sites certified using the process prescribed in this chapter prior to December 31, 1998.

                       4.)) C.  For purposes of calculating the amount of development rights a sending site can transfer, the amount of land contained within a sending site shall be determined as follows:

                       1.  If the sending site is an entire tax lot, the square footage or acreage shall be determined:

                         a.  by the King County department of assessments records; or

                         b.  by a survey that has been prepared and stamped by a surveyor licensed in the state of Washington;

                       2.  If the sending site is a portion of a tax lot, the square footage or acreage shall be determined by a survey that has been prepared and stamped by a surveyor licensed in the state of Washington; and

                       3.  If the sending site consists of a lot that is divided by a zoning boundary, the square footage or acreage shall be calculated separately for each zoning classification.  The square footage or acreage within each zoning classification shall be determined by the King County record of the action that established the zoning and property lines, such as an approved lot line adjustment.  When such records are not available or are not adequate to determine the square footage or acreage within each zoning classification, the department of development and environmental services shall calculate the square footage or acreage through the geographic information system (GIS) mapping system.

                     D.  For the purposes of the transfer of development ((credit (TDC))) rights (TDR) program, the following TDR sending site base densities apply:

                       1.  ((s))Sending sites designated in the King County Comprehensive Plan as Urban Separator and zoned R-1 shall have a base density of four dwelling units per acre.

                     B.  Rural or natural resource land sending sites and unincorporated urban receiving sites. 

                       1.  For purposes of the transfer of development credit (TDC) program,)) 2.  Sending sites zoned RA outside a rural forest focus area shall have a base density consistent with the base density established in the density and dimensions tables in K.C.C. 21A.12.030;

                       3.  ((property)) Sending sites zoned RA within rural forest focus areas shall have a base density of one dwelling unit per five acres for transfer purposes only((,));

                       4.  ((property)) Sending sites zoned A-10 and A-35 within the agricultural production district shall have a base density of one dwelling unit per ((ten))five acres for transfer purposes only((and one dwelling unit per thirty-five acres, respectively,)); and

                     5.  ((property)) Sending sites zoned F within the forest production district shall have a base density of one dwelling unit per eighty acres or one dwelling unit per each lot that is between fifteen and eighty acres in size for transfer purposes only.  ((The number of residential development credits that a rural or natural resource area sending site is eligible to send to an urban area receiving site shall be determined by applying twice the base density of the zone in which the rural or natural resource land sending site is located, after the following lands have been subtracted:

                         a.  any portion of the sending site already in a conservation easement or other similar encumbrance;

                         b.  any land area already used to calculate residential density for other development within the sending site; and

                         c.  any submerged lands.

                       2.  Any fractions of development credits that result from the calculations in subsection B.1 of this section shall not be included in the final determination of total development credits available for transfer.

                     C.  Rural or natural resource land sending sites and incorporated urban receiving sites.

                       1.  For purposes of the transfer of development credit (TDC) program, property zoned RA within rural forest focus areas shall have a base density of one dwelling unit per five acres, property zoned A-10 and A-35 within the agricultural production district shall have a base density of one dwelling unit per ten acres and one dwelling unit per thirty-five acres, respectively, and property zoned F within the forest production district shall have a base density of one dwelling unit per eighty acres or one dwelling unit per each lot that is between fifteen and eighty acres in size)).

                     E.  A sending site may send one development right for every legal lot created on or before the effective date of this ordinance if that number is greater than the number of development rights determined under subsection A of this section.

                     F.  The number of development ((credits)) rights that a King County unincorporated rural or natural resources land sending site is eligible to send to ((an)) a King County incorporated urban area receiving site shall be determined through the application of a conversion ratio established by King County and the incorporated municipal jurisdiction.  The conversion ratio will be applied to the number of available sending site ((credits)) development rights determined ((by applying the base density of the zone in which the sending site is located, after the following lands have been subtracted:

                         a.  any portion of the sending site lready in a conservation easement or other similar encumbrance;

                         b.  any land area already used to calculate residential density for other development within the sending site; and

                         c.  Any submerged lands.

                       2.  Any fractions of development credits that result from the calculations in subsection C.1 of this section shall not be included in the final determination of total development credits available for transfer.

                     D.  Rural sending sites and rural receiving sites.

                       1.  For purposes of the transfer of development credit (TDC) program, property zoned RA within rural forest focus areas shall have a base density of one dwelling unit per five acres.  The number of residential development credits that a sending site is eligible to send to a receiving site shall be determined by applying the base density of the zone in which the sending site is located, after the following lands have been subtracted:

                         a.  any portion of the sending site already in a conservation easement or other similar encumbrance;

                         b.  any land area already used to calculate residential density for other development within the sending site; and

                         c.  any submerged lands.

                       2.  Any fractions of development credits that result from the calculations in subsection D.1 of this section shall not be included in the final determination of total development credits available for transfer)) under subsection A or E of this section.

                     ((E.  Following the transfer of residential development credits from either rural or urban sending sites, the portion of the parcel(s) not designated as a sending site may accommodate a lot or lots on the buildable portion of the parcel(s), consistent with the zoned base density provisions of the density and dimensions table in K.C.C. 21A.12.030, the allowable dwelling unit calculations in K.C.C. 21A.12.070 and other King County development regulations.  For sending sites within the rural area, the development potential remaining after a density transfer may only be actualized through a clustered subdivision, short subdivision or binding site plan that creates a permanent preservation tract as large or larger than the portion of the subdivision set aside as lots.  Within rural forest focus areas, resource use tracts shall be at least fifteen acres in size.

                     F.  A site plan showing unbuildable sensitive areas and buffers as defined in this section, submerged lands, regional utility corridors, areas required by King County to remain undeveloped and conservation easements or other similar encumbrances shall be submitted as part of the sending site certification application.))

                     G.  Development ((credits)) rights from one sending site may be allocated to more than one receiving site and one receiving site may accept development ((credits)) rights from more than one sending site.

                     ((H.  Following the transfer of credits from a sending site, deed restrictions documenting the development credit transfers shall be recorded and notice placed on the title to the sending site parcel.

                     I.  A conservation easement granted to the county or other appropriate land management agency shall be required for land contained in the sending site.  The conservation easement shall be documented by a map indicating the portion of the parcel restricted from future residential development, whether or not the land is dedicated, as follows:

                       1.  A conservation easement, which contains the easement map, shall be recorded on the sending site to indicate development limitations on the sending site;

                       2.  For a sending site zoned A-10 or A-35, the conservation easement shall be consistent in form and substance with the purchase agreements used in the agricultural land development rights purchase program.  The conservation easement shall preclude subdivision of the subject property but may permit not more than one dwelling per sending site, and shall permit agricultural uses as provided in the A-10 or A-35 zone;

                       3.  For a sending site located within a rural forest focus area, the sending site shall be a minimum of twenty acres.  The conservation easement shall require that fifteen acres of the sending site be restricted to forest management activities and shall include a forest stewardship plan approved by the county for ongoing forest management practices.  No more than one dwelling unit, calculated at a base density of one dwelling unit per five acres, is allowed for every twenty acres.  The dwelling unit is to remain with the unrestricted portion of the conservation easement or unencumbered portion of the sending site.

                       4.  For a sending site zoned F, the conservation easement shall encumber the entire sending site.  The conservation easement shall permit forestry uses subject to a forest stewardship plan approved by the county for ongoing forest management practices, and shall recognize existing, legally approved dwelling units.

                     J.  Upon submitting an application to the department of development and environmental services to develop a receiving site under this chapter, the receiving site applicant shall provide either a sending site certification letter and evidence of the option to buy the sending site development credits required for the receiving site development proposals or evidence of ownership or full legal control of all sending sites proposed to be used in calculating total residential density on the receiving site.

                     K.  Development credits from a sending site shall be considered transferred to a receiving site if a final decision is made on the TDC receiving area development proposal by the department of development and environmental services, the sending site is permanently protected by a completed and recorded land dedication or conservation easement, and notification has been provided to the King County assessor’s office.))

                     ((L.)) H.  The determination of the number of residential development ((credits)) rights a sending site has available for transfer to a receiving site ((development)) shall be valid for transfer purposes only, shall be documented in a ((TDC)) TDR certificate letter of intent and shall be considered a final determination, not to be revised due to changes to the sending site’s zoning.

                     ((M.  TDC receiving site developments shall comply with dimensional standards of the zone with a base density most closely comparable to the total approved density of the TDC receiving site development.))

                     I.  The number of residential development rights that a sending site with RA, A or F zoning is eligible to send to an urban area receiving site shall be determined by applying twice the base density allowed for transfer purposes as specified in subsection D of this section.

                     NEW SECTION.  SECTION 7.  There is hereby added K.C.C. chapter 21A.--- (created under section 2 of this ordinance) a new section to read as follows:

                     Transfer of development rights (TDR) program – development limitations.

                     A.  Following the transfer of residential development rights from a sending site, the portion of the lot or lots not designated as a sending site may accommodate residential dwelling units on the buildable portion of the parcel or parcels or be subdivided, consistent with the zoned base density provisions of the density and dimensions tables in K.C.C. 21A.12.030 and 21A.12.040, the allowable dwelling unit calculations in K.C.C. 21A.12.070 and other King County development regulations.  For sending sites zoned RA, the subdivision potential remaining after a density transfer may only be actualized through a clustered subdivision, short subdivision or binding site plan that creates a permanent preservation tract as large or larger than the portion of the subdivision set aside as lots.  Within rural forest focus areas, resource use tracts shall be at least fifteen acres of contiguous forest land.

                     B.  Nonresidential uses on lots zoned RA, A and F shall be limited as follows:

                       1.  Only those uses directly related to, and supportive of the criteria under which the site qualified are allowed on the portion of the lot designated as a sending site.  The limitations shall be included in the conservation easement.

                       2.  The portion of the lot outside the sending site may develop nonresidential uses consistent with the zone.

                     NEW SECTION.  SECTION 8.  There is hereby added to K.C.C. chapter 21A.--- (created under section 2 of this ordinance) a new section to read as follows:

                     Transfer of development rights (TDR) program – documentation of restrictions.

                     A.  Following the transfer of development rights from a sending site, deed restrictions documenting the development rights transfers shall be recorded by the department of natural resources and notice placed on the title to the sending site parcel.

                     B.  A conservation easement granted to the county or other appropriate land management agency shall be required for land contained in the sending site.  The conservation easement shall be documented by a map.  The conservation easement may be placed on the entire lot or lots or only the portion of the lot or lots that is qualified as the sending site.  The conservation easement shall indicate the portion of the lot or lots restricted from future residential development, or limitations on future residential and nonresidential development within the conservation easement, whether or not the land is dedicated, as follows:

                       1.  A conservation easement, which contains the easement map, shall be recorded on the entire sending site to indicate development limitations on the sending site;

                       2.  For a sending site zoned A-10 or A-35, the conservation easement shall be consistent in form and substance with the purchase agreements used in the agricultural land development rights purchase program.  The conservation easement shall preclude subdivision of the subject property but may permit not more than one dwelling per sending site, and shall permit agricultural uses as provided in the A-10 or A-35 zone;

                       3.  For a sending site located within a rural forest focus area, the sending site shall be a minimum of twenty acres.  The conservation easement shall require that fifteen acres of contiguous forest land be restricted to forest management activities and shall include a forest stewardship plan approved by the county for ongoing forest management practices. The Forest Stewardship Plan shall include a description of the site’s forest resources and the long term forest management objectives of the property owner, and shall not impose standards that exceed Title 222 of the Washington Administrative Code.  No more than one dwelling unit is allowed for every twenty acres.  The dwelling unit is to remain with the unrestricted portion of the conservation easement or unencumbered portion of the sending site;

                       4.  For a rural sending site located outside a rural forest focus area the conservation easement shall allow for restoration, maintenance or enhancement of native vegetation.  A present conditions report shall be required to document the location of native vegetation.  If residential development will be allowed on the site under the conservation easement, the present conditions report shall be used to guide the location of residential development;

                       5.  For a sending site qualifying as habitat for federal listed endangered or threatened species, the conservation easement shall be placed on the portion of the lot or lots needed for habitat protection.  The conservation easement shall allow for restoration, maintenance or enhancement of native vegetation. A present conditions report shall be required to document the location of native vegetation.  If residential development will be allowed on the site under the conservation easement, the present conditions report shall be used to guide the location of residential development; and

                       6.  For a sending site zoned F, the conservation easement shall encumber the entire sending site. Lots between fifteen acres and eighty acres in size are not eligible to participate in the TDR program if they include any existing dwelling units intended to be retained, or if a new dwelling unit is proposed.  For eligible lots between fifteen acres and eighty acres in size, the sending site must include the entire lot.  For lots greater than eighty acres in size, the sending site shall be a minimum of eighty acres. The conservation easement shall permit forestry uses subject to a forest stewardship plan approved by the county for ongoing forest management practices. The Forest Stewardship Plan shall include a description of the site’s forest resources and the long term forest management objectives of the property owner, and shall not impose standards that exceed Title 222 of the Washington Administrative Code.

                     SECTION 9.  Ordinance 13274, Section 7, and K.C.C. 21A.55.160 are each hereby amended to read as follows:

                     Transfer of development ((credit (TDC) pilot)) rights (TDR) program – sending site certification and interagency review committee process.

                     A.  An ((I))interagency ((R))review ((C))committee ((consisting of)), chaired by the director of the office of regional policy and planning, and including the directors of the department of development and environmental services((,)) and the department of natural resources ((and the department of parks and recreation)), or their designees, shall be responsible for qualification of sending sites ((and allocation of residential development credits from sending sites for purposes of transfer and determination of the appropriate agency to hold and enforce the conservation easement.  Additional members of the committee to be appointed by the Interagency Review Committee may also include representatives of agencies with jurisdiction in the review of a specific sending site application)).  Determinations on sending site certifications made by the committee are appealable to the examiner pursuant to K.C.C. 20.24.080.  The department of natural resources shall be responsible for preparing a written report, which shall be signed by the director of the office of regional policy and planning or the director’s designee, documenting the review and decision of the committee.  The ((C))committee shall issue a TDR certification letter within ((three weeks)) sixty days of the date of submittal of a completed sending site certification application.

                     B.  Responsibility for preparing a completed application rests exclusively with the applicant.  Application for sending site certification shall include:

                       l.  A legal description of the site((,));

                       2.  A title report((,));

                       3.  A brief description of the site resources and public benefit to be preserved((,));

                       4.  A ((map of)) site plan showing the proposed conservation easement area,

                       ((5.  E))existing and proposed dwelling units, submerged lands, ((regional utility corridors, and unbuildable sensitive areas as defined in K.C.C. 21A.55.150,)) any area already in a conservation easement or other similar encumbrance and any other area, except setbacks, required by King County to remain open;

                       5.  Assessors map or maps of the lot or lots;

                       6.  A statement of intent indicating whether the property ownership, after TDR certification, will be retained in private ownership or dedicated to King County or another public or private nonprofit agency;

                       7.  Any or all of the following written in conformance with criteria established through a public rule consistent with K.C.C. chapter 2.98, if the site is qualifying as habitat for a threatened or endangered species:

                         a.  a wildlife habitat conservation plan, or

                         b.  a wildlife habitat restoration plan, or

                         c.  a wildlife present conditions report;

                       8.  A forest stewardship plan, written in conformance with criteria established through a public rule consistent with K.C.C. chapter 2.98, if required under New Section 8 B. 3 and 6, as recodified by this ordinance;

                       9.  An affidavit of compliance with the reforestation requirements of the Forest Practices Act and any additional reforestation conditions of the forest practices permit for the site, if required under K.C.C. 21A.55.130.E, as recodified by this ordinance.

                       ((6.)) 10.  A completed density calculation worksheet for estimating the number of available development ((credits,)) rights; and

                       ((7.)) 11.  The application fee consistent with K.C.C. 27.36.020.

                     SECTION 10.  Ordinance 13274, Section 8, and K.C.C. 21A.55.170 are each hereby amended to read as follows:

                     Transfer of development ((credit (TDC) pilot)) rights (TDR) program – ((review)) transfer process.

                     A.  ((TDC)) TDR ((proposals)) development rights where both the proposed sending and receiving sites would be within unincorporated King County shall be ((reviewed)) transferred using the following process:

                       1.  Following ((I))interagency ((R))review ((C))committee review and approval of the sending site application as described in K.C.C. 21A.55.160, as recodified by this ordinance, the ((I))interagency ((R))review ((C))committee shall issue a ((TDC)) TDR certificate letter of intent, agreeing to issue a ((TDC)) TDR certificate in exchange for the proposed sending site conservation easement.  The sending site owner may then market the ((TDC)) TDR sending site developmnt ((credits)) rights to potential purchasers.  If a TDR sending site that has been reviewed and approved by the interagency review committee changes ownership, the TDR certificate letter of intent may be transferred to the new owner if requested in writing to the department of natural resources by the person or persons that owned the property when the TDR certificate letter of intent was issued, provided that the documents evidencing the transfer of ownership are also provided to the department of natural resources;

                       2.  In applying for receiving site approval, the applicant shall provide the department of development and environmental services with one of the following:

                         a.  a TDR certificate letter of intent issued in the name of the applicant,

                         b.  a TDR certificate letter of intent issued in the name of another person or persons and a copy of a signed option to purchase those TDR sending site development rights,

                         c.  a TDR certificate issued in the name of the applicant, or

                         d.  a TDR certificate issued in the name of another person or persons and a copy of a signed option to purchase ((TDC)) those TDR sending site development ((credits.)) rights;

                       3.  Following building permit ((or preliminary plat)) approval, but before building permit issuance by the department of development and environmental services or following preliminary plat approval or preliminary short plat approval, but before final plat or short plat recording of a receiving site development proposal which includes the ((transferred)) use of TDR development ((credits)) rights, the receiving ((area)) site applicant shall ((then purchase and)) deliver the ((TDC)) TDR certificate issued in the applicant’s name for the number of TDR development rights being used and the TDR extinguishment document to the county((.));

                       ((3.)) 4.  When the receiving site development proposal requires a public hearing under this title or Title 19A or its successor, that public hearing shall also serve as the hearing on the ((TDC)) TDR proposal. ((and t))The reviewing authority shall make a consolidated decision on the proposed development and use of ((transferred)) TDR development ((credits)) rights and consider any appeals of the TDR proposal under the same appeal procedures set forth for the development proposal; and

                       ((4.)) 5.  When the ((primary)) development proposal does not require a public hearing under this title or Title 19A, the TD((C))R proposal shall be considered along with the development proposal, and any appeals of the TDR proposal shall be considered under the same appeal procedures set forth for the development proposal ((be evaluated by the same decision criteria as that for conditional use permits outlined in K.C.C. chapter 21A.44 and to the procedures set forth for director review in K.C.C. chapter 21A.42 and K.C.C. chapter 20.20)).

                       6.  Development rights from a sending site shall be considered transferred to a receiving site when a final decision is made on the TDR receiving area development proposal, the sending site is permanently protected by a completed and recorded land dedication or conservation easement, notification has been provided to the King County assessor’s office and a TDR extinguishment document has been provided to the department and the King County department of natural resources, or their successor agencies.

                     B.  ((TDC)) TDR ((proposals)) development rights where the proposed receiving site would be within an incorporated King County municipal jurisdiction shall be reviewed and transferred using that jurisdiction’s development application review process.

                     SECTION 11.  Ordinance 13274, Section 9, and K.C.C. 21A.55.180 are each hereby amended to read as follows:

                     Transfer of development ((credit (TDC) pilot)) rights (TDR) program – notice.  Public notice consistent with the provisions of K.C.C. 20.20.060 for Type Four land use decisions shall be provided for parcels identified as TDR receiving sites ((for a demonstration project)).

                     SECTION 12.  Ordinance 13733, Section 8, as amended, and K.C.C. 21A.55.200 are each hereby amended to read as follows:

                     ((Transfer of development credit (TDC) pilot program - t))Transfer of development ((credit (TDC))) rights (TDR) bank – purpose.  The purpose of the ((TDC)) TDR bank is to assist in the implementation of the transfer of development ((credit pilot)) rights (TDR) program by purchasing and selling development ((credits)) rights.  The ((TDC)) TDR bank may purchase development ((credits)) rights only from sending sites located in the rural area or in an agricultural or forest production district as designated in the King County Comprehensive Plan.  Development ((credits)) rights purchased from the ((TDC)) TDR bank may only be used for receiving sites in cities or in the urban unincorporated area as designated in the King County Comprehensive Plan.

                     SECTION 13.  Ordinance 13733, Section 10, and K.C.C. 21A.55.210 are each hereby amended to read as follows:

                     Transfer of development ((credit (TDC) pilot program - TDC)) rights (TDR) bank expenditure and purchase authorization.

                     A.  The ((TDC)) TDR bank may purchase development ((credits)) rights from qualified sending sites at prices not to exceed fair market value and to sell development rights at prices not less than fair market value.  The ((TDC)) TDR bank may accept donations of development ((credits)) rights from qualified ((TDC)) TDR sending sites.

                     B.  The ((TDC)) TDR bank may use funds to facilitate development ((credit)) rights transfers.  These expenditures may include, but are not limited to, establishing and maintaining internet web pages, marketing ((TDC)) TDR receiving sites, procuring title reports and appraisals and reimbursing the costs incurred by the department of natural resources, resource lands and open space section, or its successor, for administering the ((TDC)) TDR bank fund and executing development ((credit)) rights purchases and sales.

                     C.  The ((TDC)) TDR bank fund shall not be used to cover the cost of identifying and qualifying sending and receiving sites, or the costs of providing staff support for the ((TDC)) TDR interagency review committee or the office of regional policy and planning.

                     SECTION 14.  Ordinance 13733, Section 11, and K.C.C. 21A.55.220 are each hereby amended to read as follows:

                     Transfer of development ((credit (TDC) pilot)) rights (TDR) program – administration of ((TDC)) TDR bank.

                     A.  The department of natural resources, resource lands and open space section, or its successor, shall administer the ((TDC)) TDR bank fund and execute purchases and sales of development ((credits)) rights in a timely manner consistent with policy set by the ((TDC)) TDR executive board.  These responsibilities include, but are not limited to:

                       1.  Managing the ((TDC)) TDR bank fund;

                       2.  Authorizing and monitoring expenditures;

                       3.  Keeping records of the dates, amounts and locations of development ((credit)) rights purchases and sales;

                       4.  Executing development ((credit)) rights purchases, sales and conservation easements; and

                       5.  Providing periodic summary reports of ((TDC)) TDR bank activity for ((TDC)) TDR executive board consideration.

                     B.  The department of natural resources, resource lands and open space section, or its successor, in executing purchase and sale agreements for acquisition of development ((credits)) rights shall ensure sufficient values are being obtained and that all transactions, conservation easements or fee simple acquisitions are consistent with public land acquisition guidelines.

                     SECTION 15.  Ordinance 13733, Section 12, and K.C.C. 21A.55.230 are each hereby amended to read as follows:

                     Transfer of development ((credit (TDC) pilot)) rights (TDR) program – sale of ((TDC credits)) TDR rights by ((TDC)) TDR bank.

                     A.  The sale of development ((credits)) rights by the ((TDC)) TDR bank shall be at a price that equals or exceeds the fair market value of the ((credits)) development rights.  The fair market value of the ((credits)) development rights shall be established by the department of natural resources and shall be based on the amount the county paid for the development ((credits)) rights and the prevailing market conditions.

                     B.  When selling development ((credits)) rights, the ((TDC)) TDR bank may select prospective purchasers based on the price offered for the ((credits)) development rights, the number of ((credits)) development rights offered to be purchased, and the potential for the sale to achieve the purposes of the ((TDC)) TDR program.

                     C.  The ((TDC)) TDR bank may sell development ((credits)) rights only in whole or half increments to incorporated receiving sites through an interlocal agreement.  The ((TDC)) TDR bank may sell development ((credits)) rights only in whole increments to unincorporated King County receiving sites.

                     D.  All offers to purchase development ((credits)) rights from the ((TDC)) TDR bank shall be in writing, shall include a certification that the ((credits)) development rights, if used, shall be used only inside an identified city or within the urban unincorporated area, include a minimum ten-percent down payment with purchase option, shall include the number of ((credits)) development rights to be purchased, proposed purchase price and the required date or dates for completion of the sale, not later than one hundred twenty calendar days after the date of receipt by King County of the purchase offer.

                     E.  Payment for purchase of development ((credits)) rights from the ((TDC)) TDR bank shall be in full at the time the development ((credits)) rights are transferred unless otherwise authorized by the department of natural resources.

                     SECTION 16.  Ordinance 13733, Section 13, and K.C.C. 21A.55.240 are each hereby amended to read as follows:

                     Transfer of development ((credit (TDC) pilot)) rights (TDR) program – requirements for transfers by the ((TDC)) TDR bank for use in incorporated receiving areas.

                     A.  For ((credits)) development rights sold by the ((TDC)) TDR bank to be used in incorporated receiving site areas, the county and the affected city or cities must first have executed an interlocal agreement and the city or cities must have enacted appropriate legislation to implement the program for the receiving area.

                     B.  At a minimum, each interlocal agreement shall describe the legislation that the receiving jurisdiction adopted or will adopt to allow the use of development ((credits)) rights, shall identify the receiving area, shall require the execution of a TDR extinguishment document in conformance with K.C.C. 21A.55.170, as recodified by this ordinance, and should address the conversion ratio to be used in the receiving site area.  If the city is to receive any amenity funds, the interlocal agreement shall set forth the amount of funding and the amenities to be provided in accordance with ((Ordinance 13733, section 8 I.)) K.C.C. 21A.55.250I, as recodified by this ordinance.  Such an interlocal agreement may also indicate that a priority should be given by the county to acquiring development ((credits)) rights from sending sites in specified geographic areas.  If a city has a particular interest in the preservation of land in a rural or resource area or in the specific conditions on which it will be preserved, then the interlocal agreement may provide for periodic inspection or special terms in the conservation easement to be recorded against the sending site as a pre acquisition condition to purchases of development ((credits)) rights within specified areas by the ((TDC)) TDR bank.

                     C.  A ((TDC)) TDR conversion ratio for development ((credits)) rights purchased from a sending site and transferred to an incorporated receiving site area may express the amount of additional development ((credit)) rights in terms of any combination of units, floor area, height ((and)) or other applicable development standards that may be modified by the city to provide incentives for the purchase of development ((credits)) rights.

                     SECTION 17.  Ordinance 13733, Section 14, and K.C.C. 21A.55.250 are each hereby amended to read as follows:

                     Transfer of development ((credit (TDC) pilot)) rights (TDR) program – restrictions on expenditure of ((TDC)) TDR bank funds on ((TDC)) TDR amenities ((-- restrictions)).

                     A.  Expenditures by the county for amenities to facilitate development ((credit)) rights sales shall be authorized by the ((TDC)) TDR executive board during review of proposed interlocal agreements, and should be roughly proportionate to the value and number of development ((credits)) rights anticipated to be accepted in an incorporated receiving site ((incorporated receiving site jurisdiction)) pursuant to the controlling interlocal agreement, or in the unincorporated urban area, in accordance with K.C.C. 21A.55.150, as recodified by this ordinance.

                     B.  The county shall not expend funds on ((TDC)) TDR amenities in a city before execution of an interlocal agreement((, whichever first occurs)), except that:

                       1.  The executive may authorize up to twelve thousand dollars be spent by the county on ((TDC)) TDR amenities before a development ((credit)) rights transfer for use at a receiving site or for the execution of an interlocal agreement if the ((TDC)) TDR executive board recommends that the funds be spent based on a finding that the expenditure will expedite a proposed transfer of development ((credits)) rights or facilitate acceptance of a proposed transfer of development ((credits)) rights by the community around a proposed or established receiving site area;

                       2.  King County may distribute the funds directly to a city if a scope of work, schedule and budget governing the use of the funds is mutually agreed to in writing by King County and the affected city.  Such an agreement need not be in the form of an interlocal agreement; and

                       3.  The funds may be used for project design renderings, engineering or other professional services performed by persons or entities selected from the King County approved architecture and engineering roster maintained by the department of finance or an affected city's approved architecture and engineering roster, or selected by an affected city through its procurements processes consistent with state law and city ordinances.

                     C.  ((TDC)) TDR amenities may include the acquisition, design or construction of public art, cultural and community facilities, parks, open space, trails, roads, parking, landscaping, sidewalks, other streetscape improvements, transit-related improvements or other improvements or programs that facilitate increased densities on or near receiving sites.

                     D.  When King County funds amenities in whole or in part, the funding shall not commit the county to funding any additional amenities or improvements to existing or uncompleted amenities.

                     E.  King County funding of amenities shall not exceed appropriations adopted by the council or funding authorized in interlocal agreements, whichever is less.

                     F.  Public transportation amenities shall enhance the transportation system.  These amenities may include capital improvements such as passenger and layover facilities, if the improvements are within a designated receiving area or within one thousand five hundred feet of a receiving site.  These amenities may also include programs such as the provision of security at passenger and layover facilities and programs that reduce the use of single occupant vehicles, including car sharing and bus pass programs.

                     G.  Road fund amenities shall enhance the transportation system.  These amenities may include capital improvements, such as streets, traffic signals, sidewalks, street landscaping, bicycle lanes and pedestrian overpasses, if the improvements are within a designated receiving site area or within one thousand five hundred feet of a receiving site.  These amenities may also include programs that enhance the transportation system.

                     H.  All amenity funding provided by King County to cities to facilitate the transfer of development ((credits)) rights shall be consistent with federal, state and local laws.

                     I.  The timing and amounts of funds for amenities paid by King County to each participating city shall be determined in an adopted interlocal agreement.  The interlocal agreement shall set forth the amount of funding to be provided by the county, an anticipated scope of work, work schedule and budget governing the use of the amenity funds.  Except for the amount of funding to be provided by the county, these terms may be modified by written agreement between King County and the city.  Such an agreement need not be in the form of an interlocal agreement.  Such an agreement must be authorized by the ((TDC)) TDR executive board.  If amenity funds are paid to a city to operate a program, the interlocal agreement shall set the period during which the program is to be funded by King County.

                     J.  A city that receives amenity funds from the county is responsible for using the funds for the purposes and according to the terms of the governing interlocal agreement.

                     K.  To facilitate timely implementation of capital improvements or programs at the lowest possible cost, King County may make amenity payments as authorized in an interlocal agreement to a city before completion of the required improvements or implementation programs, as applicable.  If all or part of the required improvements or implementation programs in an interlocal agreement to be paid for from King County funds are not completed by a city within five years from the date of the transfer of amenity funds, then, unless the funds have been used for substitute amenities by agreement of the city and King County, those funds, plus interest, shall be returned to King County and deposited into the originating amenity fund for reallocation to other ((TDC)) TDR projects.

                     L.  King County is not responsible for maintenance, operating and replacement costs associated with amenity capital improvements inside cities, unless expressly agreed to in an interlocal agreement.

                     SECTION 18.  Ordinance 13733, Section 15, and K.C.C. 21A.55.260 are each hereby amended to read as follows:

                     Transfer of development ((credit (TDC) pilot)) rights (TDR) program – ((TDC)) establishment and duties of the TDR executive board(( -- establishment -- membership -- duties)).

                     A.  The ((TDC)) TDR executive board is hereby established.  The ((TDC)) TDR executive board shall be composed of the director of the budget office, the director of the department of natural resources, the director of the department of transportation((, the director of the department of parks and recreation)), the director of finance and the director of the office of regional policy and planning, or their designees.  A representative from the King County council staff, designated by the council chair, may participate as an ex officio, nonvoting member of the ((TDC)) TDR executive board.  The ((TDC)) TDR executive board shall be chaired by the director of the office of regional policy and planning or that director's designee.

                     B.  The issues that may be addressed by the executive board include, but are not limited to, using site evaluation criteria established by administrative rules, ranking and selecting sending sites to be purchased by the ((TDC)) TDR bank, recommending interlocal agreements and the provision of ((TDC)) TDR amenities, if any, to be forwarded to the executive, identifying future funding for amenities in the annual budget process, enter into other written agreements necessary to facilitate density transfers by the ((TDC)) TDR bank and otherwise oversee the operation of the ((TDC)) TDR bank to measure the effectiveness in achieving the policy goals of the ((TDC pilot)) TDR program ((established in Ordinance 13274)).

                     C.  The office of regional policy and planning shall provide lead staff support to the ((TDC)) TDR executive board.  Staff duties include, but are not limited to:

                       1.  Making recommendations to the ((TDC)) TDR executive board on ((TDC)) TDR program and ((TDC)) TDR bank issues on which the ((TDC)) TDR executive board must take action;

                       2.  Facilitating development ((credit)) rights transfers through marketing and outreach to the public, community organizations, developers and cities;

                       3.  Identifying potential receiving sites;

                       4.  Developing proposed interlocal agreements with cities;

                       5.  Assisting in the implementation of ((TDC)) TDR executive board policy in cooperation with other departments;

                       6.  Ranking certified sending sites for consideration by the ((TDC)) TDR executive board;

                       7.  Negotiating with cities to establish city receiving areas with the provision of amenities;

                       8.  Preparing agendas for ((TDC)) TDR executive board meetings;

                       9.  Recording ((TDC)) TDR executive board meeting summaries;

                       10.  Preparing administrative rules in accordance with K.C.C. chapter 2.98 to implement this chapter; and

                       11.  Preparing annual reports on the progress of the ((TDC)) TDR program to the council with assistance from other departments.

                     SECTION 19.  Ordinance 13733, Section 16, and K.C.C. 21A.55.270 are each hereby amended to read as follows:

                     Transfer of development ((credit (TDC) pilot)) rights (TDR) program – exemption from surplus provisions.  The transfer of development ((credits)) rights from the ((TDC)) TDR bank may be completed consistent with King County's needs and in accordance with the criteria of this chapter.  The transfers are exempt from the real and personal property provisions of K.C.C. chapter 4.56.

                     NEW SECTION.  SECTION 20.  There is hereby added to K.C.C. chapter 21A.06 a new section to read as follows:

TDR extinguishment document.  TDR extinguishment document:  a document prepared by King County and signed and recorded by the owner of transfer of development rights (TDR) that documents the transfer of development rights from one property to another and permanently prohibits any future use of these rights.

                     SECTION 21.  Ordinance 12076, Section 9, as amended, and K.C.C. 4.08.015 are each hereby amended to read as follows:

                     First tier funds and designated fund managers.  A.  First tier funds and fund managers are as follows:

                     B.  The following shall also be first tier funds:

                       1.  All funds now or hereafter established by ordinance for capital construction through specific road improvement districts, utility local improvement districts or local improvement districts.  The director of the department of transportation shall be the fund manager for transportation-related funds.  The director of the department of natural resources shall be the fund manager for utility-related funds.

                       2.  All county funds that receive original proceeds of borrowings made pursuant to Chapter 216, Washington Laws of 1982, as now existing or hereafter amended, to the extent of the amounts then outstanding for such borrowings for that fund.  For purposes of this subsection, the director of the county department or office primarily responsible for expenditures from that fund shall be the fund manager.

                       3.  Any other fund as the council may hereinafter prescribe by ordinance to be invested for its own benefit.  County funds shall be treated as provided in K.C.C. 4.10.110 unless a designation is made by the council.

                     SECTION 22.  Ordinance 13733, Section 9, and K.C.C. 4.08.327 are each hereby amended to read as follows:

                     Transfer of development ((credit (TDC) pilot)) rights (TDR) program – ((TDC)) TDR bank fund authorization.  The ((TDC)) TDR bank fund is hereby established and shall be classified as a first tier fund with all investment proceeds credited to the fund.  The fund shall be managed by the resource lands section in the department of natural resources or its successor.  Appropriation authority of one million five hundred thousand dollars established in fund 3522, project 352320 in Ordinance 13340 shall be transferred by the executive to the ((TDC)) TDR bank fund, in a new project.

                     SECTION 23.  Ordinance 12196, Section 9, as amended, and K.C.C. 20.20.020 are each hereby amended to read as follows:

                     Classifications of land use decision processes.  A.  Land use permit decisions are classified into four types, based on the amount of discretion associated with each decision.  Procedures for the four different types are distinguished according to who makes the decision, whether public notice is required, whether a public hearing is required before a decision is made and whether administrative appeals are provided.  The types of land use decisions are listed in Exhibit A of this section.

                       1.  Type 1 decisions are made by the director, or his or her designee, ("director") of the department of development and environmental services ("department").  Type 1 decisions are nonappealable administrative decisions that require the exercise of little or no administrative discretion, except for Type 1 decisions for which the department has issued SEPA threshold determination. Type 1 decisions for which the department has issued a SEPA threshold determination are appealable at the time of issuance of the SEPA threshold determination to the hearing examiner as a Type 2 decision, but the appeal is limited to the SEPA threshold determination and issues relating to zoning code (K.C.C. Title 21A) compliance excluding compliance with permitted use provisions.  However, the decision on the Type 1 permit, exclusive of SEPA threshold determinations issued by the department and issues relating to zoning code (K.C.C. Title 21A) compliance excluding cmpliance with permitted use provisions, is not appealable to the hearing examiner; rather, it is appealable to superior court. For the purposes of appealing a Type 1 decision to superior court, the Type 1 decision shall not be considered final until any permitted appeal to the hearing examiner is decided.  Public notice is not required for Type 1 decisions, except for Type 1 decisions for which the department has issued a SEPA threshold determination, which are treated like Type 2 decisions for the purposes of public notice.

                       2.  Type 2 decisions are made by the director. Type 2 decisions are discretionary decisions that are subject to administrative appeal.

                       3.  Type 3 decisions are quasi-judicial decisions made by the hearing examiner following an open record hearing.  Type 3 decisions may be appealed to the county council, based on the record established by the hearing examiner.

                       4.  Type 4 decisions are quasi-judicial decisions made by the council based on the record established by the hearing examiner. 

                     B.  Except as provided in K.C.C. 20.44.120A.6 and 25.32.080 or unless otherwise agreed to by the applicant, all Type 2,3 and 4 decisions included in consolidated permit applications that would require more than one type of land use decision process may be processed and decided together, including any administrative appeals, using the highest-numbered land use decision type applicable to the project application.

                     C.  Certain development proposals are subject to additional procedural requirements beyond the standard procedures established in this chapter.

                     D.  Land use permits that are categorically exempt from review under SEPA do not require a threshold determination (determination of nonsignificance ("DNS") or determination of significance ("DS")).  For all other projects, the SEPA review procedures in K.C.C. chapter 20.44 are supplemental to the procedures in this chapter.

Exhibit A

LAND USE DECISION TYPES

*                                          When applications for shoreline permits are combined with other permits requiring Type 3 or 4 land use decisions under K.C.C. 25.32.080, the examiner, not the director, makes the decision.  All shoreline permits, including shoreline variances and conditional uses, are appealable to the state Shorelines Hearings Board and not to the hearing examiner.

**                     The road variance process is administered by the county road engineer of the King County department of transportation under the King County road standards.

***                     Approvals that are consistent with the Comprehensive Plan may be considered by the council at any time.  Zone reclassifications that are not consistent with the comprehensive plan require a site-specific land use map amendment and the council's hearing and consideration shall be scheduled with the amendment to the comprehensive plan under K.C.C. 20.18.040 and 20.18.060.

****                     Only the SEPA threshold determination and issues relating to zoning code compliance, excluding compliance with permitted use provisions, may be appealed, upon issuance of the threshold determination; other issues, including those relating to building code compliance, are not appealable.

                     SECTION 24.  Ordinance 4461, Section 2, as amended, and K.C.C. 20.24.080 are each hereby amended to read as follows:

                     Final decisions by the examiner.  A.  The examiner shall receive and examine available information, conduct open record public hearings and prepare records and reports thereof, and issue final decisions, including findings and conclusions, based on the issues and evidence in the record, which shall be appealable to superior court as provided by K.C.C. 20.24.240, or to other designated authority in the following cases:

                       1.  Appeals from the decisions of the administrator for short subdivisions, including those variance decisions of the road engineer made pursuant to K.C.C. 14.42.060 with regard to road circulation in the subject short divisions;

                       2.  Appeals of all Type 2 land use decisions with the exception of appeals of shoreline permits including shoreline variances and conditional uses which are appealable to the state shoreline hearings board;

                       3.  Appeals from citations, notices and orders and stop work orders issued pursuant to K.C.C. Title 23 or Title 1.08 of the rules and regulations of the King County board of health;((;))

                       4.  Appeals from decisions regarding the abatement of a nonconformance;

                       5.  Appeals from decisions of the director of the department of natural resources on requests for rate adjustments to surface and storm water management rates and charges;

                       6.  Appeals from department of public safety seizures and intended forfeitures, when properly designated by the chief law enforcement officer of that department as provided in RCW 69.50.505;

                       7.  Appeals from notices and certifications of junk vehicles to be removed as a public nuisance as provided in K.C.C. Title 21A and K.C.C. chapter 23.10;

                       8.  Appeals from the department’s final decisions regarding transportation concurrency, mitigation payment system and intersection standards provisions of K.C.C. Title 14;

                       9.  Appeals from decisions of the ((I))interagency ((R))review ((C))committee created under K.C.C. 21A.55.160, as recodified by this ordinance, regarding sending site applications for certification pursuant to K.C.C. chapter ((21A.55, Transfer of Residential Development Credits)) 21A.--- (K.C.C. 21A.55.100, 21A.55.130, 21A.55.140, 21A.55.150, 21A.55.160, 21A.55.170, 21A.55.180, 21A.55.200, 21A.55.210, 21A.55.220, 21A.55.230, 21A.55.240, 21A.55.250, 21A.55.260 and 21A.55.270, each as amended by this ordinance).

                       10.  Other applications or appeals which the council may prescribe by ordinance.

                     B.  The examiner's decision may be to grant or deny the application or appeal, or the examiner may grant the application or appeal with such conditions, modifications and restrictions as the examiner finds necessary to make the application or appeal compatible with the environment and carry out applicable state laws and regulations, including chapter 43.21C RCW, and the regulations, policies, objectives and goals of the comprehensive plan, the community  plans, subarea or neighborhood plans, the zoning code, the subdivision code and other official laws, policies and objectives of King County.  In case of any conflict between the King County Comprehensive Plan and a community, subarea or neighborhood plan, the King County Comprehensive plan shall govern.

                     SECTION 25.  Ordinance 10870, Section 95, and K.C.C. 21A.06.275 are each hereby amended to read as follows:

                     ((Density credit)) Development rights, transfer ((("TDC"))) of (“TDR”).  ((Density credit)) Development rights, transfer ((("TDC"))) of (“TDR”):  the ability to transfer potentially buildable dwelling units from an eligible sending site to an eligible receiving site as provided in this code.

                     SECTION 26.  Ordinance 13733, Section 1, and K.C.C. 21A.06.943 are each hereby amended to read as follows:

                     Public transportation amenities.  Public transportation amenities:  ((T))transfer of ((D))development ((Credits (TDC))) rights (TDR) amenities financed by public transportation funds that shall provide transportation improvement or programs.

                     SECTION 27.  Ordinance 13733, Section 2, and K.C.C. 21A.06.1011A are each hereby amended to read as follows:

                     Road amenities.  Road amenities:  ((T))transfer of development ((credits (TDC))) rights (TDR) amenities financed by road CIP or operating funds that shall provide transportation improvements or programs.

                     SECTION 28.  Ordinance 13733, Section 3, and K.C.C. 21A.06.1273 are each hereby amended to read as follows:

                     ((TDC)) TDR.  ((TDC)) TDR;  transfer of development ((credit)) rights.

                     SECTION 29.  Ordinance 13733, Section 4, and K.C.C. 21A.06.1273A are each hereby amended to read as follows:

                     ((TDC)) TDR amenities.  ((TDC)) TDR amenities:  improvements or programs that are implemented to facilitate increased densities on or near receiving sites inside cities or in the urban unincorporated area.

                     SECTION 30.  Ordinance 13733, Section 5, and K.C.C. 21A.06.1273B are each hereby amended to read as follows:

                     ((TDC)) TDR bank fund.  ((TDC)) TDR bank fund:  the fund established under K.C.C. 4.08.327.

                     SECTION 31.  Ordinance 13733, Section 6, and K.C.C. 21A.06.1273C are each hereby amended to read as follows:

                     ((TDC)) TDR conversion ratio.  ((TDC)) TDR conversion ratio:  the ratio by which development ((credits)) rights purchased from a sending site are converted into additional development capacity for use on a receiving site.

                     SECTION 32.  Ordinance 13733, Section 7, and K.C.C. 21A.06.1273D are each hereby amended to read as follows:

                     ((TDC)) TDR executive board.  ((TDC)) TDR executive board:  the board established under ((K.C.C. 21A.55.230)) chapter 21A.--- (created under section 2 of this ordinance).

                     SECTION 33.  Ordinance 10870, Section 340, as amended, and K.C.C. 21A.12.030 are each hereby amended to read as follows:

                     A.  Densities and dimensions – residential zones.

                     B.  Development conditions.

                       1.  This maximum density may be achieved only through the application of residential density incentives in accordance with K.C.C. chapter 21A.34 or transfers of ((density credits)) development rights in accordance with K.C.C. chapter ((21A.36 or 21A.55)) 21A.--- (created under section 2 of this ordinance), or any combination of density incentive or density transfer.  Maximum density may only be exceeded in accordance with K.C.C. 21A.34.040F.1.g.

                       2.  Also see K.C.C. 21A.12.060.

                       3.  These standards may be modified under the provisions for zero-lot-line and townhouse developments.

                       4.  Height limits may be increased if portions of the structure that exceed the base height limit provide one additional foot of street and interior setback for each foot above the base height limit, but the maximum height may not exceed seventy-five feet.  Netting or fencing and support structures for the netting or fencing used to contain golf balls in the operation of golf courses or golf driving ranges are exempt from the additional interior setback requirements but the maximum height shall not exceed seventy-five feet.

                       5.  Applies to each individual lot. Impervious surface area standards for:

                         a.  regional uses shall be established at the time of permit review;

                         b.  nonresidential uses in residential zones shall comply with  K.C.C. 21A.12.120 and 21A.12.220;

                         c.  individual lots in the R-4 through R-6 zones that are less than nine thousand seventy-six square feet in area shall be subject to the applicable provisions of the nearest comparable R-6 or R-8 zone; and

                         d.  a lot may be increased beyond the total amount permitted in this chapter subject to approval of a conditional use permit.

                       6.  Mobile home parks shall be allowed a base density of six dwelling units per acre.

                       7.  The standards of the R-4 zone shall apply if a lot is less than fifteen thousand square feet in area.

                       8.  At least twenty linear feet of driveway shall be provided between any garage, carport or other fenced parking area and the street property line.  The linear distance shall be measured along the center line of the driveway from the access point to such garage, carport or fenced area to the street property line.

                       9.a.  Residences shall have a setback of at least one hundred feet from any property line adjoining A, M or F zones or existing extractive operations.  However, residences on lots less than one hundred fifty feet in width adjoining A, M or F zone or existing extractive operations shall have a setback from the rear property line equal to fifty percent of the lot width and a setback from the side property equal to twenty-five percent of the lot width.

                         b.  Except for residences along a property line adjoining A, M or F zones or existing extractive operations, lots between one acre and two and one-half acres in size shall conform to the requirements of the R-1 zone and lots under one acre shall conform to the requirements of the R-4 zone.

                       10.a.  For developments consisting of three or more single-detached dwellings located on a single parcel, the setback shall be ten feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet.

                         b.  ((f))For townhouse and apartment development, the setback shall be twenty feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on-site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet, unless the townhouse or apartment development is adjacent to property upon which an existing townhouse or apartment development is located.

                       11.  Lots smaller than one-half acre in area shall comply with standards of the nearest comparable R-4 through R-8 zone.  For lots that are one-half acre in area or larger, the maximum impervious surface area allowed shall be at least ten thousand square feet.  On any lot over one acre in area, an additional five percent of the lot area may be used for buildings related to agricultural or forestry practices. For lots smaller than two acres but larger than one-half acre, an additional ten percent of the lot area may be used for structures that are determined to be medically necessary, if the applicant submits with the permit application a notarized affidavit, conforming with K.C.C. 21A.32.170A.2.

                       12.  For purposes of calculating minimum density, the applicant may request that the minimum density factor be modified based upon the weighted average slope of the net buildable area of the site in accordance with K.C.C. 21A.12.087.

                       13.  These lot size minimums are for purposes of lot averaging, and do not apply to lot clustering proposals.

                       14.  The base height to be used only for projects as follows:

                         a.  in R-6 and R-8 zones, a building with a footprint built on slopes exceeding a fifteen percent finished grade; and

                         b.  in R-18, R-24 and R-48 zones using residential density incentives and transfer of density credits in accordance with this title.

                       15.  Density applies only to dwelling units and not to sleeping units.

                       16.  Vehicle access points from garages, carports or fenced parking areas shall be set back from the property line on which a joint use driveway is located to provide a straight line length of at least twenty-six feet as measured from the center line of the garage, carport or fenced parking area, from the access point to the opposite side of the joint use driveway.

                       17.a.  ((A))all subdivisions and short subdivisions in the R-1 zone shall be required to be clustered if the property is located within or contains:

                           (1)  a floodplain,

                           (2)  a critical aquifer recharge area,

                           (3)  a Regionally or Locally Significant Resource Area,

                           (4)  existing or planned public parks or trails, or connections to such facilities,

                           (5)  a Class I or II stream or wetland, or

                           (6)  a steep slope, or

                           (7)  a "greenbelt/urban separator" or "wildlife corridor" area designated by the Comprehensive Plan or a community plan.

                         b.  The development shall be clustered away from sensitive areas or the axis of designated corridors such as urban separators or the wildlife habitat network to the extent possible and the open space shall be placed in a separate tract that includes at least fifty percent of the site.  Open space tracts shall be permanent and shall be dedicated to a homeowner's association or other suitable organization, as determined by the director, and meet the requirements in K.C.C. 21A.14.040.  On-site sensitive area and buffers, wildlife habitat networks, required habitat and buffers for protected species and designated urban separators shall be placed within the open space tract to the extent possible.  Passive recreation (with no development of recreational facilities) and natural-surface pedestrian and equestrian trails are acceptable uses within the open space tract.

                       18.  See K.C.C. 21A.12.085.

                       19.  All subdivisions and short subdivisions in R-1 and RA zones within the North Fork and Upper Issaquah Creek subbasins of the Issaquah Creek Basin (the North Fork and Upper Issaquah Creek subbasins are identified in the Issaquah Creek Basin and Nonpoint Action Plan) and the portion of the Grand Ridge subarea of the East Sammamish Community Planning Area that drains to Patterson Creek shall have a maximum impervious surface area of eight percent of the gross acreage of the plat.  Distribution of the allowable impervious area among the platted lots shall be recorded on the face of the plat.  Impervious surface of roads need not be counted towards the allowable impervious area.  Where both lot- and plat-specific impervious limits apply, the more restrictive shall be required.

                       20.  This density may only be achieved on RA 2.5 and RA 5 zoned parcels receiving density from rural forest focus areas through the transfer of density credit pilot program outlined in K.C.C. chapter 21A.55.

                       21.  Base density may be exceeded, if the property is located in a designated rural city urban growth area and each proposed lot contains an occupied legal residence that predates 1959.

                       22.  The maximum density is four dwelling units per acre for properties zoned R-4 when located in the Rural Town of Fall City.

                       23.  The minimum density requirement does not apply to properties located within the Rural Town of Fall City.

                     SECTION 34.  Ordinance 10870, Section 341, as amended, and K.C.C. 21A.12.040 are each hereby amended to read as follows:

                     A.  Densities and dimensions - Resource and commercial/industrial zones.

                     B.  Development conditions.

                       1.  Reserved.

                       2.  These densities are allowed only through the application of mixed-use development standards and for stand-alone townhouse development in the NB zone on property designated commercial outside of center in the urban area.

                       3.  These densities may only be achieved through the application of residential density incentives or transfer of ((density credits)) development rights in mixed-use developments and for stand-alone townhouse development in the NB zone on property designated commercial outside of center in the urban area. See K.C.C. chapters 21A.34 and ((21A.36)) 21A.--- (created under section 2 of this ordinance).

                       4.a.  ((I))in the F zone, scaling stations may be located thirty-five feet from property lines.  Residences shall have a setback of at least thirty feet from all property lines.

                         b.  ((F))for lots between one acre and two and one half acres in size, the setback requirements of the R-1 zone shall apply.  For lots under one acre, the setback requirements of the R-4 zone shall apply.

                         c.  ((F))for developments consisting of three or more single-detached dwellings located on a single parcel, the setback shall be ten feet along any property line abutting R-1 through R-8, RA and UR zones.

                       5.  Gas station pump islands shall be placed no closer than twenty-five feet to street front lines.

                       6.  This base height allowed only for mixed-use developments and for stand-alone townhouse development in the NB zone on property designated commercial outside of center in the urban area.

                       7.  Required on property lines adjoining residential zones.

                       8.  Required on property lines adjoining residential zones for industrial uses established by conditional use permits.

                       9.  The floor-to-lot ratio for mixed use developments shall conform to K.C.C. chapter 21A.14.

                       10.  Height limits may be increased if portions of the structure building that exceed the base height limit provide one additional foot of street and interior setback for each foot above the base height limit, provided the maximum height may exceed seventy-five feet only in mixed use developments.  Netting or fencing and support structures for the netting or fencing used to contain golf balls in the operation of golf courses or golf driving ranges are exempt from the additional interior setback requirement provided that the maximum height shall not exceed seventy-five feet.

                       11.  Applicable only to lots containing less than one acre of lot area. Development on lots containing less than fifteen thousand square feet of lot area shall be governed by impervious surface standards of the nearest comparable R-4 through R-8 zone.

                       12.  See K.C.C. 21A.22.060 for setback requirements in the mineral zone.

                       13.  The impervious surface area for any lot may be increased beyond the total amount permitted in this chapter subject to approval of a conditional use permit.

                       14.  Required on property lines adjoining residential zones unless a stand-alone townhouse development on property designated commercial outside of center in the urban area is proposed to be located adjacent to property upon which an existing townhouse development is located.

                     SECTION 35.  Ordinance 10870, Section 344, as amended, and K.C.C. 21A.12.070 are each hereby amended to read as follows:

                     Calculations – allowable dwelling units, lots or floor area. Permitted number of units, or lots or floor area shall be determined as follows:

                     A.  The allowed number of dwelling units or lots (base density) shall be computed by multiplying the site area specified in K.C.C. 21A.12.080 by the applicable residential base density number;

                     B.  The maximum density (unit or lot) limits shall be computed by adding the bonus or transfer units authorized by K.C.C. chapters 21A.34((, 21A.36 or 21A.55)) and 21A.--- (created under section 2 of this ordinance) to the base units computed under subsection A of this section;

                     C.  The allowed floor area, which excludes structured or underground parking areas and areas housing mechanical equipment, shall be computed by applying the floor-to-lot area ratio to the project site area specified in K.C.C. 21A.12.080;

                     D.  If calculations result in a fraction, the fraction shall be rounded to the nearest whole number as follows, except as provided in subsection E of this section:

                       1.  Fractions of 0.50 or above shall be rounded up; and

                       2.  Fractions below 0.50 shall be rounded down; and

                     E.  For subdivisions and short subdivisions in the RA and A zones, rounding up of the number of development units or lots is not allowed.

                     SECTION 36.  Ordinance 10870, Section 563, as amended, and K.C.C. 21A.34.040 are each hereby amended to read as follows:

                     Public benefits and density incentives.  A.  The public benefits eligible to earn increased densities, and the maximum incentive to be earned by each benefit, are in subsection F of this section.  The density incentive is expressed as additional bonus dwelling unit, or fractions of dwelling units, earned per amount of public benefit provided.

                     B.  Bonus dwelling units may be earned through any combination of the listed public benefits.

                     C.  The guidelines for affordable housing bonuses including the establishment of rental levels, housing prices and asset limitations, will be updated and adopted annually by the council in the consolidated housing and community development plan.

                     D.  Bonus dwelling units may also be earned and transferred to the project site through the transfer of ((density credit ("TDC") process in K.C.C. chapter 21A.36 or 21A.55)) development rights (TDR) program established in K.C.C. chapter 21A.--- (created under section 2 of this ordinance), by providing any of the open space, park site or historic preservation public benefits set forth in subsections F.2. or F.3. of this section on sites other than that of the RDI development.

                     E.  Residential development in R-4 through R-48 zones with property specific development standards requiring any public benefit enumerated in this chapter, shall be eligible to earn bonus dwelling units in accordance with subsection F of this section if the public benefits provided exceed the basic development standards of this title.  If a development is located in a special overlay district, bonus units may be earned if the development provides public benefits exceeding corresponding standards of the special district.

                     F.  The following are the public benefits eligible to earn density incentives through RDI review:

                     NOTE:                       If proposed energy conservation bonus units of ((K.C.C. 21A.34.040)) this section are reviewed in conjunction with a subdivision or a short subdivision, the applicant shall provide data and calculations for a typical house of the type to be built in the development that demonstrates to the department's satisfaction how the required savings will be achieved.  A condition of approval shall be recorded with the plat and shown on the title of each lot specifying the required energy savings that must be achieved in the construction of the dwelling unit.  The plat notation shall also specify that the savings shall be based on the energy code in effect at the time of preliminary plat application.

                     SECTION 37.  Ordinance 10870, Section 564, and K.C.C. 21A.34.050 are each hereby amended to read as follows:

                     Rules for calculating total permitted dwelling units.  A.  The formula for calculating the total number of dwelling units permitted through RDI review is as follows:

                     DUs allowed by    +                       Bonus DUs         +                      DUs allowed by  =                     TOTAL RDI

                     RDI site base                                           sending site                                           DUs

                     Density                                          density (if any)

                     B.  The total dwelling units permitted through RDI review shall be calculated using the following steps:

                       1.  Calculate the number of dwellings permitted by the base density of the site in accordance with K.C.C. chapter 21A.12;

                       2.  Calculate the total number of bonus dwelling units earned by providing the public benefits listed in K.C.C. 21A.34.040;

                       3.  Add the number of bonus dwelling units earned to the number of dwelling units permitted by the base density;

                       4.  Add the number of dwelling units permitted by the base density of the site sending ((TDCs)) TDRs, if any;

                       5.  Round fractional dwelling units to the nearest whole number; .49 or less dwelling units are rounded down; and

                       6.  On sites with more than one zone or zone density, the maximum density shall be calculated for the site area of each zone.  Bonus units may be reallocated within the zones in the same manner set forth for base units in K.C.C. 21A.12.180.

                     SECTION 38.  Ordinance 10870, Section 565, and K.C.C. 21A.34.060 are each hereby amended to read as follows:

                     Review process.  A.  All RDI proposals shall be reviewed concurrently with a primary proposal to consider the proposed site plan and methods used to earn extra density as follows:

                       1.  For the purpose of this section, a primary proposal is defined as a proposed subdivision, conditional use permit or commercial building permit.

                       2.  When the primary proposal requires a public hearing under this code or Title 19A, the public hearing on the primary proposal shall serve as the hearing on the RDI proposal.((, and t))The reviewing authority shall make a consolidated decision on the proposed development and use of RDI and consider any appeals of the RDI proposal under the same appeal procedures set forth for the development proposal;

                       3.  When the ((primary)) development proposal does not require a public hearing under this ((code)) title or K.C.C. Title 19A, the RDI proposal shall ((be subject to the decision criteria for conditional use permits outlined in K.C.C. 21A.42 and to the procedures set forth for director/adjustor review in this title)) be considered along with the development proposal, and any appeals of the RDI proposal shall be considered under the same appeal procedures set forth for the development proposal; and

                       4.  The notice for the RDI proposal also shall in-clude the development's  proposed density and a general description of the public benefits offered to earn extra density.

                     B.  RDI applications which propose to earn bonus units by dedicating real property or public facilities shall include a letter from the applicable county receiving agency certifying that the proposed dedication qualifies for the density incentive and will be accepted by the agency or other qualifying organization.

                     SECTION 39.  Ordinance 13332, Section 32, and K.C.C. 27.10.170 are each hereby amended to read as follows:

                     Zoning application review.  Zoning application reviews shall require a deposit and an hourly fee based on the department’s current hourly rate, except as otherwise specified herein.  Transfer of ((D))development ((Credit)) rights (TDR) Sending Site Certification Applications to qualify a proposed sending site and determine the number of credits available for transfer per application ((pursuant to the provisions of)) in accordance with K.C.C. chapter ((21A.55)) 21A.--- (created under section 2 of this ordinance) shall be based on the current hourly fee to a maximum of (($500.00)) five hundred fifty dollars.

SECTION 40.  Ordinance 10870, Section 568, and K.C.C. 21A.36.010, Ordinance 10870, Section 569, and K.C.C. 21A.36.020, Ordinance 10870, Section 570, as amended, and K.C.C. 21A.36.030, Ordinance 10870, Section 571, as amended, and K.C.C. 21A.36.040, Ordinance 10870, Section 572, and K.C.C. 21A.36.050, Ordinance 10870, Section 573, and K.C.C. 21A.36.060, Ordinance 13274, Section 2, and K.C.C. 21A.55.110 and Ordinance 13274, Section 3, and K.C.C. 21A.55.120 are each hereby repealed.

                     SECTION 41.  Severability.  If any provision of this ordinance or its application

to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected.

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Official paper – 30 days prior

Publish: Seattle Times –Fri. July 27

Hearing Date: August 27, 2001