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ORD 99-19 TRANSFER AND SALE OF DEVELOPMENT RIGHTSSecond Reading 8-25-99 ORDINANCE NO. 99-19 AN ORDINANCE of the City of Bainbridge Island, Washington, relating to the transfer and sale of development rights, amending Sections 18.37.010, 18.37.020, 18.37.030, 18.37.040 18.37.050, 18.37.060, 18.37.070, 18.37.080 and 18.37.090, and adding new Section 18.37.100 of the Balnbridge Island Municipal Code. WHEREAS, the City adopted a Comprehensive Plan on September 1, 1994, which has' ssbsequently been amended; and WHEREAS, in accordance with Policy W 1.7 of the Comprehensive Plan the City umk~took the development of a master plan for Winslow; and WHEREAS, the City Council passed Ordinance 98-11 on May 21, 1998 to amend the City's Comprehensive Plan to incorporate recommendations in the Winslow Master Plan, and WHEREAS, the Winslow Master Plan identifies certain actions necessary to further the Cmnprehensive Plan goals of directing growth to Winslow and conserving and protecting the I$1and's agricultural uses through the transfer and sale of development rights, now, therefore, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. follows: Section 18.37.010 of the Balnbridge Island Municipal Code is amended as 1t37.010 Purpose. l~me pur!~se of this chapter is to cstablish a simple, flexible transfer and sale of development fights ~ program that successfully preserves wetlands, high vulnerability recharge areas, a$$icultural land and open spac~ rol)4ng on the marlcot plaoo. The program is to be phaood, with .~/rieultural land ac the only eligible TDR tending area for the first year of the TDR program At th, end of the firot year, ths TDR program will be reviewed to determine w~othor to sxpand the r~Lg~cam to the other arere3 docignatod in the oomprohoncivo plan as sending aroas._(Ord. 96 07 § Section 2. follows: Section 18.37.020 of the Balnbridge Island Municipal Code is amended as 1137.010 -T--Dg Development rights sending areas. A. Critical Areas Overlay District. All prolg~fles within the critical areas overlay district (CAOD) as designated on the land use map of the city comprehensive plan are established as · 4;g~-dcvclopment rights sending areas. Second Reading 8-25-99 B. O~vnorc of Agricultural Land. Any owner of agricultural land as defined by BIMC 16.20.0t0 16.26.020, whether located in or outside of the CAOD, may elect to have the agricultural land dmignated as a TDP. development fights sending area property through the sale or transfer of the d~vvelopment rights of the property. C. Donation of Developmem Rights. Any owner of real property may donate all or a portion of tl~ir development rights to the City. 4;.D. Property Already Restricted from Development Not Eligible. Development rights are not available for real property in the CAOD or agricultural land outside of CAOD that is subject to emements or covenants preventing further development of the real property. IX Government Owned Property Not FAigible. Real property owned by a g~ovornmont agency and l~eatod xvithin a TDR sending area is not eligible to transfer development rights. (Ord. 96 07 § 1, Section follows: Section 18.37.030 of the Balnbridge Island Municipal Cede iS mended 1&37.0~0 Caleulafion of development rights. A. Subject to BIMC 18.37.060 and 18.37.070(C), an owner of. real property in the development rights sending area is entitled to sell or transfer one development right for every utmsed development right associated with the property located within the ~ development rights sending area. B. Optional Bonus for Owners of Agricultural Land. If an owner of agricultural land as defined by BIMC 16._g026.020 grants an easement to conserve and forever maintain the agricultural productivity of the agricultural land to the American Farmland Trust, Inc. or other appropriate trustee, as approved by the city of Bainbridge Island, then for every unused development right, the owner of agricultural land may sell three development rights. For example, if agricultural lind has three unused development rights, the property owner could transfer or sell nine development rights. C. In calculating available development rights, the area of land divided by the minimum lot area defined by the underlying zone shall be used. The resulting figure shall be rounded down for any fraction of a development right. (Ord. 96 07 § t, 1996) Section 4. Section 1'8.37.040 of the Bainbridge Island Municipal Code is amended as follows: 11k~7.040 Phased ~ development rights program. A,. For one year from the offootivo date of the ordinanoo oodified in this cahaptor, oFor two years from the date this ordinance is adopted, only owners of agricultural land as defined in BIMC 18.37.020(B) 16.26.020 are eligible to transfer or sell development rights pursuant tO this ci~ttpter. Any owner of agricultural land using t4to--T-t;kR- this.program during the ~rct yoar of tho ptot,,ram during this two year period may use the provisions of either BIMC 18.37.030(A) or 0il). A/the end of the two year period. the chapter will be reviewed to determine whether to expand tl~ vro~wam to the other areas designated in the comprehensive plan as development rights sldin~m. (Ord. 96 07 § 3, 1996) Second Reading &25-99 B. Donation of Development Rights Any owner of real property may donate all or a portion of their development rights to the City. The donation of development rights is exempt from the phasing requirement contained in A. alx)ve. Section 5. Section 18.37.050 of the Bahbridge Island Municipal Code is amended as f~llows: 11137.1~0 -T-tlg~_Reeelvhg areas for development rights., A_,- Developments in :l_the mixed use town center (MUTC) as designated on the land uco map of th, oily oomprohoncivo plan, oxoopt for properties in the ~tiekson Avenue ox~orlay district south of~Fyatt Way, and the High School Road districts are eligible t~- for increases ~ in floor area ratio, as provided for in Section 18.40.050 (B). tt. The neighborhood service centers (NSC), as docignatod on the land uco map of the adopted city oomprohoncivo plan, are eligible to- for inerease~_ density using TDR8 through the :purchase or transfer of development rights in accordance with Chapter 18.66.070 (A & C) BIMC, as amended. (Ord. 96 07 § 2, 1996) Section & Section 18.37.060 of the Bahbridge Island Municipal Code is amended as follows. 10.37.060 Determination of development rights from a ~4~-sendhg area. A. An owner of real property desiring to sell or transfer development rights shall submit an all~lication for severance of development fights to the director City Administrator. The City Administrator or designee shall det~mdne the form of the application and the information reluired for a complete application. All, or a portion of, the development fights may be included in the application. ~,. The d:'r~::: City Administrator or designee shall det~.~dne the number of development rillhts available for severance~ subject to 18.37,030(C~. C. The depnrtmont City shall issue a certificate documenting the number of available cl~telopment rights. (Ord. 96 07 § it, 1996) SO~ten 7. f~lows. Section 18.37.070 of the,Bahbridge Island Municipal Code is amended as 11..t7.070 Severnee of development Ellhis from a -T-Oll-sendhg area. In order to sell or transfer development fights for the purpose of increasin~ floor area ratio or d~nsitv in a designated receiving area, the following procedure must be followed. A. To sever development fights approved by the department City, the property owner shall el~cute a restrictive easement between the owner and the city or a tax exempt organization or oltlzr governmental agency, as approvod by tho city in a form approved by the dopartmOnt City. B. The certificate of development rights and the restrictive easement shall be recorded by the owner with the Kitsap County auditor. The owner shall provide a copy of the recorded do~.unents to the department City. When the documents have been recorded and the recorded decrements have been received by the department City, the severance is complete. Second Reading 8-25-99 C. The severance of development right is permanent. ( Ord. 96 07 § 2, 1996) Section 8. Section 18.37.080 of the Bainbridge Island Municipal Code is amended as follows. 1S,37,050 Sale or transfer or purchase of development fights. (]Ze development rights have been severed from a sending area property in accordance with IIBvlC 18.37.070, the property owner may sell or transfer the development rights by executing all recording with the Kitsap County auditor a deed of development rights using a deed fo, m pt~vided by the department City. The deed shall describe the number of development fights b~ing sold or transferred. (Ord. 96 07 § 2, 1996) Set'tinn 9. Section 18.37.090 of the Bainbfidge Island Municipal Code is amended as follows: 1S,37,090 Use ofa-T-Da4evelopment rights to increase ~:".y floor area ratio within tl~ TDR ~eeoiving area Mixed Use Town Center or High School Road Districts. A. In order to use development rights to increase floor area ratio within the Mixed UsQ Town Center or High School Road districts as provided in Section 18.40.050 (B) BIMC, an applicant must fill out m~ application in a form approvcd by the City. The application shall include the amount of the requested increase in floor area ratio, and the fee, if any, of the incrcasedi floor area ratio. The fee for development rights to increase floor area ratio shall bc established by resolution of the City Council. ~B. A roquoct The approved application to utilize development fights to increase floor area ra~o within the receiving area must be part of a site plan and design review applicationunder Chapter 18.105 BIMC. The site plan must indicate the number of TDRc to be used the increase in floor area ratio (FAR).Tho application must contain a copy of either a deed of development rigkts or a contract for the purchase of dovolopmont rights. B. The use of development rights shall be reviewed under the provisions of Chapters 18.40 and 18.105 BIMC. C. Prior to final approval of the site plan, the applicant must provide the department with a deed of development fights, D, The cite plan, referencing the deed of development rights, slXall be recorded by the 0wnor with the Kitsap County auditor. (Ord. 96 07 § 2, 1996) Section 10. A new Seedon 18.37.100 is added to the Bainbridge Island Municipal Code as fallows. 18,37.100 Use of development rights to increase density within the NeighborhOod Service Centers. A. A request to utilize development rights within the receiving area must be part of a site plan and design review application under Chapter 18.105 BIMC. The site plan must include the nqmber of development rights to be used. The application must contain a copy of either' a deed of development rights or a contract for the purchase of development rights. 4 Second Reading 8-25-99 B. The use of developmere rights shall be reviewed under the provisions of Chapter 18.105 BIMC C. Prior to final approval of the site plan, the applicant must provide the department with a deed ofdevelopmem rights. D. The approved site plan. referencing the number of developmem rights used. and the deed of development fights shall be recorded by the owner ~vith the Kitsap County auditor. Sielt~n 11. Relationship to other zoning provisions. To the extent that the requirements set forth in the provisions of this ordinance mending or adding seelions to Chapter 18 of the Bainbfidge Island Municipal Code are inconsistent with rmluirements set forth in other City code provisions, the requirements set forth in this ordinance siltall supersede the requitea~ents in other City code provisions. St'lion 12. This ordinance shall take effect and be in force five days ~'om and after its presage, approval, publication and posting as required by law. PgSED by the City Council this 8th day of September APPROVED by the Mayor this 9th day of September Dwight Sutton, Mayor .1999. .1999. /~TTEST/AUTHENTICATE: , City Clerk AI~PROVED AS TO FORM: ~ P. Ka~eguma, City Attorney FILED WITH THE CITY CLERK: PAI~SED BY THE CITY COUNCIL: PtIBLISHED: EI~ECTIVE DATE: OiIDINANCE NUMBER: Hay 26:, 1999 September 8, 1999 September 15, 1999 September 20, 1999 99'I~