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Clerk 08/19/2024

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AN ORDINANCE authorizing the King County executive to enter into an interlocal agreement with the City of Shoreline to implement a regional program to transfer development rights from lands in unincorporated King County into the city of Shoreline.

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STATEMENT OF FACTS: 

1.  The Washington state Growth Management Act, chapter 36.70A RCW ("the GMA"), establishes a policy of directing growth and development into urban areas, protecting rural and resource land, and encouraging the use of innovative land use tools like transfer of development rights ("TDR") to accomplish these outcomes.

2.  The GMA encourages the conservation of productive agricultural and forest lands and the retention of rural open space to conserve fish and wildlife habitat and enhance recreational opportunities.

3.  The Washington state Legislature affirmed the value of Regional TDR programs by adopting a framework for a regional TDR marketplace as codified in chapter 43.362 RCW.

4.  King County adopted a TDR program ("the TDR program") in 2001 to conserve rural and resource lands by transferring rural development potential into existing incorporated and unincorporated urban areas.  Since 2001, the program has protected over 147,700 acres of rural and resource lands in unincorporated King County.

5.  King County recognizes the role of TDR in achieving the goals of the Land Conservation Initiative and supporting the Strategic Climate Action Plan.

6.  King County has worked with the city of Shoreline to develop a means by which TDRs from unincorporated King County lands may be used to increase density and reduce parking requirements within the city’s light rail station districts and certain business zones to achieve conservation that is important to the environmental health of the Puget Sound, while encouraging redevelopment within the Urban Growth Area.

7.  The city of Shoreline, by Ordinance 1009, amended its municipal code to create a TDR program and establish receiving sites for King County TDRs; and by consent agenda item 7(f) on June 24, 2024 the city council  authorized the city manager to sign an interlocal agreement with King County, attached hereto as Attachment A to this ordinance, that will provide financial incentives for the city to accept development rights by funding amenities to support growth.

8.  K.C.C. 21A.37.140 requires the county to execute an interlocal agreement with a city before sale and transfer of TDRs from the King County TDR bank into that city.

9.  King County and the cities within it are authorized to enter into interlocal agreements pursuant to chapter RCW 39.34, the Interlocal Cooperation Act.

10.  King County and the city of Shoreline desire to enter into an interlocal agreement to establish a regional program to transfer development rights from lands in unincorporated King County into the city of Shoreline and to share revenue, as more fully described in the agreement.

                     BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:

                     SECTION 1.  The executive is hereby authorized to enter into an interlocal

agreement with the city of Shoreline, substantially in the form of Attachment A to this ordinance.