Record No: CB 120181    Version: 1 Council Bill No: CB 120181
Type: Ordinance (Ord) Status: Passed
Current Controlling Legislative Body City Clerk
On agenda: 10/4/2021
Ordinance No: Ord 126455
Title: AN ORDINANCE amending Section 23.58A.044 of the Seattle Municipal Code to facilitate the transfer of development rights from Pierce and Snohomish Counties to Seattle.
Sponsors: Dan Strauss
Supporting documents: 1. Summary and Fiscal Note, 2. Central Staff Memo (9/22/21), 3. Signed Ordinance 126455, 4. Affidavit of Publication

CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

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AN ORDINANCE amending Section 23.58A.044 of the Seattle Municipal Code to facilitate the transfer of development rights from Pierce and Snohomish Counties to Seattle.

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WHEREAS, in 2011, the State enacted legislation allowing the creation of Landscape Conservation and Local Infrastructure Programs (also known as LCLIP) providing for financing for infrastructure in neighborhoods designated to be receiving areas for regional development rights; and

WHEREAS, in 2013, the City Council approved Ordinance 124172 rezoning portions of the South Lake Union Urban Center and adopting development standards for the South Lake Union Urban Center and certain zones in the Downtown Urban Center that would be implemented if a Landscape Conservation and Local Infrastructure Program were formed; and

WHEREAS, in 2013, the City Council approved Ordinance 124285 related to establishing a Local Infrastructure Project Area for Downtown and South Lake Union and authorizing the Mayor to execute an interlocal agreement with King County; and

WHEREAS, in 2013, the City Council approved Ordinance 124286 accepting an allocation of transferable development rights and adopting an infrastructure funding plan to support the creation of a Landscape Conservation and Local Infrastructure Program; and

WHEREAS, in 2013, the City Council approved Ordinance 124287 creating a Local Infrastructure Project Area; and

WHEREAS, on October 3, 2013, the Mayor signed an Interlocal Agreement for Regional Transfer of Development Rights and Tax Increment Financing of Infrastructure by and between The City of Seattle and King County, in accordance with Ordinance 124285, allowing the transfer of development rights from King County; and

WHEREAS, the intent of the LCLIP program when originally developed was to allow at a future date the transfer of development rights from Pierce and Snohomish Counties once their transfer of development right (TDR) programs were developed; and

WHEREAS, Pierce and Snohomish Counties have developed standards and supports for the transfer of development rights from farms and forests in their jurisdiction; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Section 23.58A.044 of the Seattle Municipal Code, last amended by Ordinance 124843, is amended as follows:

23.58A.044 Regional Development Credits Program

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J. In order to implement this program cooperatively with Snohomish and Pierce Counties, The City of Seattle adopts by reference the TDR terms and conditions in chapter 365-198 WAC to facilitate the transfer of development rights from these counties to Seattle.

Section 2. This ordinance shall take effect and be in force 30 days after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020.

Passed by the City Council the ________ day of _________________________, 2021, and signed by me in open session in authentication of its passage this _____ day of _________________________, 2021.

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President ____________ of the City Council

Approved / returned unsigned / vetoed this ________ day of _________________, 2021.

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Jenny A. Durkan, Mayor

Filed by me this ________ day of _________________________, 2021.

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Monica Martinez Simmons, City Clerk

(Seal)