Chapter 17.119
TRANSFER OR PURCHASE OF DEVELOPMENT RIGHTS (TDRs)
Sections:
17.119.040 General requirements.
17.119.010 Permitted.
The use of the R-1, 4.0 and R-2 residential zoning district areas as shown on the official zoning map of the city of Mount Vernon as a receiving zone for transfer or purchase of development rights from land zoned and/or designated open space, parks, wetland preserve or residential agriculture on the official city of Mount Vernon comprehensive plan map; the TDRs to receiving sites shall be permitted at the rate of one additional residential dwelling unit per entire net acre. The additional dwelling unit may be permitted in addition to dwelling unit bonuses for affordable housing as permitted under Chapter 17.73 MVMC. No fractional development rights shall be permitted. (Ord. 3802 § 48, 2019).
17.119.020 Receiving site.
A. The receiving site may increase the density of the property by a maximum of one unit per entire net acre, by reducing and averaging the minimum lot size of the zoning district, providing all other requirements of the district are met. In calculating the net acreage of a site, the existing or proposed public streets and rights-of-way and open water area of lakes, streams, tidal lands, and the area of delineated wetlands (without their buffer areas) shall be subtracted out of the gross site area.
For example: A site that nets out to 2.6 acres that is zoned R-1, 4.0 (which has a base net density of 4.54 dwelling units per acre) could purchase two development rights, for a total density of 13 dwelling units (2.6 x 4.54 = 11 plus two development rights = 13).
B. Lots created that abut existing neighborhoods, where their lots are greater than 9,600 square feet in size, shall be a minimum of 9,600 square feet in size, with a minimum lot width of 95 feet, where abutting lot widths exceed 95 feet. Lots smaller than 9,600 square feet can be created, as long as a 20-foot minimum forested buffer as defined in Chapter 17.06 MVMC can be maintained or created between the newly created lots and existing lots. Building setbacks from the buffer shall be 10 feet, except for accessory buildings. (Ord. 3515 § 4, 2011).
17.119.025 Minimum lot size.
In no case can a lot created utilizing TDRs be smaller than 6,600. However, applications using TDRs and the provisions of Chapter 17.73 MVMC can create lots no smaller than 5,000 square feet. (Ord. 3802 § 49, 2019).
17.119.030 Definitions.
A. “Development right” is defined as one residential density unit of credit. Each acre of farmland zoned for agriculture or restricted to open space, parks, wetland preserve or agriculture uses that is located in the city of Mount Vernon and urban growth area is eligible for two development rights per acre, whether or not it is actively farmed; provided, two development rights shall be subtracted for each residence or structure housing a legal nonconforming commercial use located on the property which exists as of the effective date of the ordinance codified in this section or is built after the effective date of the ordinance codified in this section. However, this reduction shall not apply to farm housing units, family member units, or accessory structures necessary for the operation of the agricultural use.
B. “Receiving site” is the site in the recipient zone district that will receive the development rights from the sending site. Receiving sites in the city of Mount Vernon are further described in the R-1, 4.0 and R-2 zoning districts. The density credit of a sending site may be transferred or purchased and credited to a noncontiguous receiving site only when the transfer or purchase of development rights is approved in accordance with this section.
C. “Sending site” is the site that is to be preserved as open space, wetland preserve, passive recreation, and agricultural land by selling or transferring its development rights. These portions of the sending sites that have transferred their development rights shall be maintained permanently as open space, parks, wetland preserve, or agriculture. (Ord. 3515 § 5, 2011).
17.119.040 General requirements.
A. Property eligible for transfer or purchase of residential development rights is described in Exhibits A and B*.
B. The residential development rights shall be considered as interests in real property and may be transferred by sale or gift in part or in total as provided in this section. Once used, transfer credits shall not be used again and the residential development rights of the portion of the subject property providing them shall be considered severed forever.
C. Residential development rights may be transferred to a specific parcel or sold to an individual(s) or other entity.
D. In the recipient zone districts, the residential development rights can increase the underlying zoning density by one dwelling unit per net acre. Owners of the parcels within the recipient zone districts gain inherent additional density for their property when they purchase or obtain development rights when a use permit is issued for the receiving site. Except as provided in this section, development of a receiving site shall remain subject to all use, lot coverage, height, setback and other requirements of its zone.
E. Density credits from one sending site may be allocated to more than one receiving site. The credit from each segment shall be allocated to a specific receiving site.
F. Conservation easements and/or land transfers shall be required for land contained in the sending site to indicate development limitations on the sending site. (Ord. 3515 § 6, 2011).
* Exhibits A and B are attached to Ordinance No. 2940 on file in the office of the city clerk.
17.119.050 Procedure.
The community and economic development director shall develop and administer the TDR program, including the calculation of credits, and including procedures for the use of development rights and application of the development rights to particular parcels of land and including the ability to levy an administration fee in an amount sufficient to cover actual cost to the city.
The procedures, at a minimum, will include the following:
A. An owner of real property in the sending area is entitled to sell or transfer the development rights associated with the property. An owner of real property desiring to sell or transfer development rights shall submit an application for severance of development rights to the community and economic development director. The director shall determine the form of the application and the information required for a complete application.
B. The number of development rights available for severance for each of the properties identified in Exhibits A and B* shall be equivalent to two development rights per acre of property.
C. The community and economic development department shall issue a certificate documenting the number of available development rights.
D. To sever development rights approved by the community and economic development department, the property owner shall execute a restrictive easement, conservation easement, between the owner and the city or a tax exempt organization or other governmental agency, as approved in the city in a form approved by the department for the portion of the property being affected by the transfer.
E. The certificate of development rights and the restrictive easement shall be recorded by the owner with the Skagit County auditor. The owner shall provide a copy of the recorded documents to the department. When the documents have been recorded and the recorded documents have been received by the department, the severance is complete.
F. Once development rights have been severed from a sending area property in accordance with this regulation, the property owner may sell or transfer the development rights by executing and recording with the Skagit County auditor a deed of development rights, using a deed form approved by the community and economic development department. The deed shall describe the number of development rights being sold or transferred.
G. A request to utilize development rights within a receiving area must be part of a subdivision or land use application. The site plan must indicate the number of development rights to be issued. A maximum of one additional unit of density per entire net acre may be permitted. The application must contain a copy of either a deed of development rights or a contract for the purchase of development rights.
H. Prior to final approval of the land use application, the applicant must provide the department with a deed of development rights.
I. The site plan, referencing the deed of development rights, shall be recorded by the owner with the Skagit County auditor. (Ord. 3515 § 7, 2011).
* Exhibits A and B are attached to Ordinance No. 2940 on file in the office of the city clerk.