HomeMy WebLinkAbout2013-005A RESOLUTION RELATING TO
CONSERVATION AND DEVELOPMENT THROUGH
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WHEREAS, this resolution is intended to adopt by reference the Washington State
from counties to cities, under the regional Transfer of Development Rights program for the
central Puget Sound region, thereby further allowing such transactions between the City and
King, Pierce and Snohomish Counties; and,
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241104 by dir-e—cting th e-AT'astiffigg—ton-S-tate -repartment ot Commerce to establish a regional I I r
program in Central Puget Sound; and,
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WHEREAS, RCW 43.362.050 authorizes cities in central Puget Sound to adopt by
reference interlocal agreement terms and conditions now adopted by the Washington State
any in the central Puget Sound region to the City, as the alternative to entering into interlocal
agreements with those counties for transfer of development rights; and
WHEREAS, prior to adoption of this Resolution, the City Council held a public hearing
on December 3, 2012.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
*F ARLINGTON AS FOLLOWS:
Section 1. The City Council supports the transfer of development rights from sending
areas designated by the central Puget Sound counties under the City's TDR program, 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,
subject to the policies and regulations in the City's Comprehensive Plan and development
regulations.
Section 2. The City hereby adopts by reference the interlocal terms and conditions as
set forth in WAC 365-198-040 and 060 effective on the effective date of this Resolution (copies
of which are attached hereto and incorporated herein by reference), thereby providing a
mechanism for the transfer of development rights from King, Snohomish and Pierce Counties
("Counties") to the City, with additional definitions of "sending areas" and "receiving areas" set
forth in the Arlington City Code, in addition to and complementary with those in WAC 365-198-
030.
Section 3. The City has adopted policies or regulations for sending and receivin,,t
?reas as shown Arlington Municipal Code Chapter 20.37, as amended, copies of which are
zttached to this resolution (the "Ordinances -- TDR");
Scetion 4. The City has made efforts at good faith consultation with the Counties, by
sending them a letter informing them of-
(i) Designated receiving areas in the City within which transferable
development rights or development rights credits may be used;
(ii) Specified receiving area ratios;
A process to notify the transferring county when the City has
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the designated receiving area, to allow the transferring county to track and
extinguish credits as they are used; and I
(iv) An adopted procedure for consulting with the transferring county
to ensure the validity of the TDR or development rights credit, prior to
development approval, as specified in the Ordinances — TDR.
Section 5. The City's agreement to the indemnification and hold harmless provisions
against the City in WAC 365-198-040 and 060 are agreed to on the assurance that that the
Counties provide reciprocal protections in favor of the City.
Sectioil 6. The City Administrator is hereby directed to cooperate with
representatives from the Counties to accomplish the policies set forth in this resolution and tit.,
promote the development and overall effectiveness of the City's TDR program.
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RESOLUTION NO. 2013-005
reference. Nothing in this resolution is intended to preclude the City from utilizing a non -
regional TDR process in the event this Resolution is determined to be invalid in whole or in part,
or in the event it does not take effect with respect to one of more of the Counties.
PASSED by the City Council and APPROVED by the Mayor this eday of
E�L"�G' ' 2013,
Kristin Banfield, City Clerk
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