Chapter 17.70
DENSITY TRANSFERS – OPTIONAL LAND USE FOR PROPERTIES ASSOCIATED WITH CRITICAL AREAS
Sections:
17.70.020 Declaration of intent to utilize this chapter.
17.70.030 Calculation of density for development portion and nondevelopment portions.
17.70.050 Appeal and standing.
17.70.060 Rezone of parcels associated with a density transfer.
17.70.070 Dedication of lands to public entity.
17.70.080 Explanatory example.
17.70.010 Purpose.
This is an optional land use regulation that permits a land owner, whose property contains land or habitat features subject to the city of Forks critical areas ordinance (e.g., wetlands, steep slopes, floodplains, etc.) or subject to the Shoreline Management Act, FIRM flood insurance rate maps, or other state laws to transfer the density associated with the unusable portion of the parcel to the remaining portion of the parcel. (Ord. 433 § 14.10, 1997)
17.70.020 Declaration of intent to utilize this chapter.
(1) Upon application to the city or county planning department to subdivide, short plat, or develop a parcel of land that contains a critical area noted in FMC 17.70.010, the owner shall declare on their application whether or not they intend to employ this portion of the code. Failure to do so at the time of application shall waive subsequent use of this section on the parcel being developed, unless, the application is denied by the planning department. In such a situation, subsequent applications or applicants can utilize this zoning option.
(2) The planning director shall ensure that the applicant is advised of this option prior to submission of the plan either in writing or during a preliminary meeting with the developer. No additional fee, beyond the cost of publication, shall be required of the applicant invoking this option. (Ord. 433 § 14.20, 1997)
17.70.030 Calculation of density for development portion and nondevelopment portions.
Upon receipt of an application that indicates a developer’s intent to utilize this regulatory option, the planning director shall:
(1) Determine if sufficient information exists regarding parcel size and boundaries of critical areas to proceed with the calculations required under this section. Necessary information shall include field inspection report as to the location of the critical area, shoreline, and/or 100-year floodplain by the proper certified professional. If insufficient information is supplied, or if the developer calls into question the planning department’s request for additional information, the developer shall be given a reasonable time to supply this information. However, in requiring additional information, the planning department shall:
(a) Put said request in writing;
(b) Be available to assist or field inspect the estimated boundaries of the critical areas;
(c) Upon receipt of said requested information, acknowledge the receipt and state whether the additional information is sufficient to proceed with the calculation. If the additional material is still insufficient, the planning department shall provide detailed guidance as to what further material is required;
(d) Within 15 days from date of acknowledgment, make a determination on boundaries if sufficient materials were provided to permit the planning department to proceed.
(2) Confirm delineation of boundaries for any critical areas, shorelines, and/or 100-year floodplains. In making such a delineation, the boundaries shall also include the appropriate buffers required by statute, regulation, and/or ordinance. Final plat or development plan shall include these boundaries delineated there upon.
(3) Determine and calculate to one-hundredth of an acre the following:
(a) Total acreage of the parcel;
(b) Portion of the parcel that contains critical areas, shorelines, and 100-year floodplains;
(c) Portion of the parcel that does not contain critical areas, and is therefore the portion of the parcel that could be developed.
(4) Calculate the density for the entire parcel (entire parcel = buildable portion + critical areas/shoreline/100-year floodplain portion) under the zoning code designation as noted on the FUGA zoning code map.
(5) In writing and within 30 days of acknowledgment of the sufficiency of the application, the planning department shall provide the developer with the above calculations and specify therein that the final plat or plan shall:
(a) Note that the developer has utilized this portion of the zoning code;
(b) Note the calculations of the developmental portions of the entire parcel involved, the critical/shoreline/100-year floodplain portions of the entire parcel, and the total density associated with the entire parcel based upon the zoning code at the time of approval;
(c) Note the amount of density transferred from the nondevelopmental portions of the property to the developmental portions of the property. It is understood that the developer need not transfer the entire amount permitted under the calculations established. However, failure to transfer the entire amount waives any rights in the unused remainder from future development on the same real property;
(d) Means of ownership utilized for nonbuildable portions of real estate. (Ord. 433 § 14.30, 1997)
17.70.040 Notice of decision.
Upon making a determination, under this portion of the zoning code, of the calculations and submitting that to the developer, the planning director shall publish their decision in the manner required for appeals discussed elsewhere within this code. This notice shall include information on how an appeal can be initiated, the procedures associated with doing so, and an explanation regarding standing to make such an appeal. (Ord. 433 § 14.40.10, 1997)
17.70.050 Appeal and standing.
(1) An appeal of this determination can be made pursuant to Chapter 17.135 FMC, Appeals. Failure to comply with Chapter 17.135 FMC, Appeals, and with the timelines associated with such an action shall result in a waiver of the right of appeal by that party, or any other party with an interest in the decision.
(2) Standing for an appeal. Standing for appeals under this chapter shall be limited to the following:
(a) Developer and/or owners of record for the parcel upon which action is taken;
(b) Property owners of record of those parcels of property immediately adjacent to the parcel being reviewed;
(c) Local, state or federal agencies with statutory regulatory authority or charge to regulate or protect specified types of critical areas, shorelines, or 100-year floodplains. (Ord. 433 § 14.40.20, 1997)
17.70.060 Rezone of parcels associated with a density transfer.
(1) If a parcel, subjected by a developer to this portion of the zoning code, is rezoned to permit a higher density than utilized in the calculations noted elsewhere within this chapter, a subsequent developer can use this section if the following conditions are satisfied:
(a) Sufficient land exists to create new lots, or to permit new development, within the parcel wanting to acquire the rezoned density pursuant to this code and other building and development ordinances in effect; and
(b) A conditional use permit for the utilization of the higher density and subsequent development is obtained pursuant to this code; and
(c) The planning director determines in writing, subject to appeal and notice discussed elsewhere within this code, that the proposed rezone and subsequent development would comply with the comprehensive plan.
(2) Once the above conditions are met, and the application for the new density is approved, a new calculation for the density of the parcel in question shall be made. This calculation shall use the same procedure as noted above in this chapter. The difference between the first calculation and the new calculation, done as a result of the rezone, shall be the new density allowed to be transferred to the buildable portion of either the new parcel created or the existing parcel.
(3) The developer shall record and file with the county auditor’s office the information associated with this new calculation and subsequent transfer of density as an amendment to the notes of the original plat. (Ord. 433 § 14.50, 1997)
17.70.070 Dedication of lands to public entity.
Whereby the developer or owner of property opting to utilize this regulatory option decides to dedicate the nonbuildable portions of the parcel to a public entity, said entity shall maintain the dedication for the public good in the same condition as received from the owner or developer. Acceptance of such a dedication is required, via affirmative action by the entity’s proper authority, to be shown upon the documents filed by the developer and/or owner. (Ord. 433 § 14.70, 1997)
17.70.080 Explanatory example.
Developer owns a parcel of land that is zoned low density residential and the parcel is a total of eight acres. Of these eight acres, two acres are located within the FIRM 100-year floodplain, one acre is located in an area that is designated as being steep slopes/erosion hazard area, and one acre is designated as a recognized wetland (consisting of the wetland and the appropriate setbacks). The FUGA zoning code map designates the entire parcel as low density residential which permits a maximum density of one single dwelling unit per one-half acres.
Under other portions of this zoning code, if the developer does not employ this section, the developer has only four acres upon which they can develop and from which a density calculation can be made. Thus, allowing the developer to only build up to eight dwelling units on the entire parcel.
However, by employing the above zoning option, the developer would be allowed to build a total of 16 dwelling units, if permitted by city and/or county building and health codes, on the four acres not affected by critical areas (nonfloodplain, nonsteep slope, nonwetlands portion of the parcel). The nondeveloped lands would be noted as lands utilized for the "density transfer" pursuant to this portion of the FUGA zoning code upon the face of the final plat or development plan.
The four nondevelopmental acres could be incorporated into any of the lots created by the applicant, so long as the plat notes the boundary of such on each affected lot, or the lands could be jointly owned by a housing association, or the lands could be retained by the developer, or the lands could be dedicated to the city or county. The choice would be left up to the developer and that choice would be reflected upon the final plat or development map. (Ord. 433 § 14.100, 1997)