037-10 - Resolution - Council's Support for a Municipal TDR ProgramIntroduced by: Planning Director
Requested by: Planning Director
Drafted by: Planning Director
Introduced: October 26, 2010
Adopted: October 26, 2010
RESOLUfiON NO. 037-10
A RESOLUfiON OF THE CITY OF PORT ORCHARD,
WASHINGTON, STATING THE CITY COUNCIL'S SUPPORT IN
TASKING THE PLANNING DEPARTMENT IN DEVELOPING A
MUNICIPAL TDR PROGRAM COORDINATED WITH THE
TRANSFERRING FROM THE KITSAP COUNTY WORKING
AGRICULTURAL AND FOREST LAND DEVELOPMENT RIGHTS
PROGRAM, AND PREPARATION OF A MUNICIPAL
DEVELOPMENT RIGHTS PROGRAM, POLICIES, AND
REGULATIONS CONSISTENT WITH THE WASHINGTON
STATE REGIONAL TRANSFER OF DEVELOPMENT RIGHTS
PROGRAM.
WHEREAS, the transfer of development rights (TDR) is one tool available to
Washington communities to encourage the preservation of working agricultural and
forest land while also promoting higher-density, infill development within incorporated
cities, consistent with the Washington State Growth Management Act (GMA), Chapter
36. 70A RCW, and as provided in the Regional Transfer of Development Rights Program,
Chapter 43.362 RCW; and
WHEREAS, the Washington State Legislature recently affirmed the regional
TDR program by directing the Washington State Department of Commerce to establish
a regional TDR program in Central Puget Sound; and
WHEREAS, to fmther regional and Countywide Planning goals and policies, it
is important to preserve working agricultural and forest land; and
WHEREAS, through a grant from the U.S. Environmental Protection Agency
the Puget Sound Regional Council has committed to work with the state, Kitsap County,
and the Cascade Land Conservancy to implement a regional TDR program; and
WHEREAS, through a grant from the U.S. Environmental Protection Agency
the Puget Sound Regional Council has committed to work with the state to provide
grants to cities to develop agreements; develop TDR policies and regulations; revise
existing TDR policies and regulations; and provide infrastructure improvements in
already designated receiving areas consistent with the regional TDR program; and
WHEREAS, the City has not been provided funding to conduct the desired
environmental review and planning required to develop the policies, codes, and
administrative procedures for receipt ofTDR transfers from the County; and
Res olu tion No . 037-10
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WHEREAS, development of TDR policies and regulations and acceptance of
grant funds will not dimini sh or affect in any manner the City Council's authority to
regulate land use and developm ent within the City; and
WHEREAS, an eligibility requireme nt for awarding the grant funds is a
resolution adopted by the City Council d emonstrating its l evel of co mmitment to
proceed toward development and potential adoption of TDR policies and r egulatio ns
consistent with the region al TDR prog ra m, now, therefore;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
That: The City Council s upports t as king the Planning Depar tme nt to proceed
toward development and pre paration of TDR policies and regul ations co n s ist en t with
the regional TDR program including exploration of an agreement between the City of
Pmt Orchard and Kitsap County or to co nside r Commerce Interlo cal Terms and
Conditions Rule by reference for rural a nd natural re source land transfer of
development rights (TDR) policies and reg ulations.
That: The City Council agrees to task t h e Planning Depa1tment to review,
co ns ider, a nd present d eve lopment of municipal TDR policies and regulations t o receive
development rights from the County.
That: The City Council ag rees to task the Planning Depattment to identify,
evaluate, and present the best ca ndid ates for r eceivi ng areas in the City as potential
prope rties t o be located in a focused TDR receivin g area.
That: The City Council dir ects the Planning Depa rtment to meet all milestones
and co mplet e all deliverables consistent with its grant application t o the De partment of
Commerce by Dece mber 31, 2012.
PASSED by the City Council of the City of Pmt Orchard, SIGNED by the Mayor and
attes t ed by the Clerk in authentication of s uch passage this 26th da October 2010.