20D.200.10 Transfer of Development Rights (TDR) Program

The transfer of development rights from one property to another is intended to maintain and protect sensitive areas, historic resources, and archeological resources by removing or limiting the right to build on the area needing protection while compensating the owner with development rights that can be used elsewhere. (Ord. 2164; Ord. 1984; Ord. 1954; Ord. 1917; Ord. 1873)

20D.200.10-020 Procedure.

(1) The property owner must file an application with the City for the issuance of a certificate of transfer rights. The Administrator shall set forth the submittal requirements necessary for application.

(2) The Administrator will verify ownership and qualification of the property for the program. The Administrator will calculate the quantity of development rights based upon the use of the land at the time the certificate is requested.

(3) The Administrator will issue to the owner certificates of development rights with an assigned serial number stating the quantity of development rights for that property and describing what portion of the site the certificate shall apply to. The owner has the right to transfer or sell the granted development rights to any person or legal entity.

(4) Prior to or concurrent to the time that the property owner exercises their right to sell, transfer, or use such certificates, the following shall be approved by the Administrator and the City Attorney and the owner shall execute and record in King County’s real property records:

(b) A TDR conservation easement for Agriculture or Urban Recreation zoned land; or

(5) Such easements shall restrict use of the property in the manner described in RCDG 20D.200.10-040(2).

(6) If the owner is selling or transferring the rights, a deed, as approved by the Administrator, shall be executed by the selling and purchasing parties and recorded with the King County Records and Elections Division transferring ownership of those development rights being sold. The purpose of the deed is to confirm that a developer or investor has purchased the development right. A copy of the recorded document shall be filed with the King County Assessor’s Office and the Redmond Administrator. The deed shall include the recording number(s) of the TDR conservation easement or preservation easement for the rights being transferred, and a legal description of the land from which development rights are granted.

(7) At the time the holder of the development rights uses such rights they will record an extinguishment document. (Ord. 2164)

20D.200.10-030 Eligible Purchasers.

Any person or organization may purchase rights for development in any City-approved receiving area. Development rights may be sold or transferred by any owner of those rights provided the sale complies with this division. (Ord. 2164; Ord. 1984; Ord. 1954; Ord. 1873. Formerly 20D.200.10-020)

20D.200.10-040 Sending Area Properties.

(1) Sending area properties are those properties that are deemed by the City as warranting protection through development right transfers. The following properties shall be development rights sending area properties:

(c) Critical Habitats. Properties classified as critical habitats and critical wildlife habitats by RCDG 20D.140.10-070(3), Wildlife Habitat Classification, and buffers for critical habitats or critical wildlife habitats required under RCDG 20D.140.10-110(3), wildlife habitat area buffers.

(2) Requirement to Record Restrictions on Sending Properties. Sending properties shall be eligible to transfer development rights once a document is recorded placing the following restrictions on the property:

(a) For properties zoned Agriculture (A) or Urban Recreation (UR) and not classified as a critical habitat by RCDG 20D.140.10-070(3), Wildlife Habitat Classification, or a buffer for a critical habitat under RCDG 20D.140.10-110(3), wildlife habitat area buffers, the land shall be restricted to agricultural or recreational uses by a TDR conservation easement meeting the requirements of this division.

(b) For properties classified as a critical habitat by RCDG 20D.140.10-070(3), Wildlife Habitat Classification, or a buffer for a critical habitat under RCDG 20D.140.10-110(3), wildlife habitat area buffers:

(i) Properties classified as a critical habitat shall be restricted to use as a fish and wildlife habitat by a TDR conservation easement meeting the requirements of this division.

(ii) Properties classified as a buffer for a critical habitat shall be limited to uses, activities, development, and intensities allowed by RCDG 20D.140.10-110(3), wildlife habitat area buffers, by a TDR conservation easement meeting the requirements of this division.

(c) For historic landmarks, the property shall be restricted by a preservation easement that protects the significant features of the structure and site.

(3) Eligibility. The land meets the definition of sending properties in subsection (1) of this section and:

(b) Meets the requirements of RCDG 20D.200.10-130, TDRs for Partially Developed Wildlife Areas;

(d) The land’s development rights or development capacity have not been sold, transferred, or limited by easements, deed restrictions, equitable servitudes, or similar measures to any of the following:

(ii) Wildlife habitats or buffers where the development rights were granted for the habitat or buffer;

(iii) Alteration by a preservation easement, or through any agreement by any governmental agency or nonprofit;

(iv)For historic landmarks or historic landmark districts, the significant features have not been previously preserved by a facade easement, a preservation easement, or through any agreement by any government agency or nonprofit other than this TDR program;

(e) No development rights shall be granted for any property classified as a critical habitat by RCDG 20D.140.10-070(3), Wildlife Habitat Classification, or a buffer for a critical habitat under RCDG 20D.140.10-110(3), wildlife habitat area buffers, for which a reasonable use has been granted under RCDG 20D.140.10-350, Reasonable Use Provision. The property owner shall have the option of either applying for a reasonable use under RCDG 20D.140.10-350, Reasonable Use Provision, or requesting development rights under this division. Nothing in this chapter shall require that a reasonable use granted under RCDG 20D.140.10-350, Reasonable Use Provision, equals the economic value of the TDRs granted under this division. No development rights shall be granted for any part of the property the Comprehensive Plan designates for use as a collector, arterial street, or highway. (Ord. 2164; Ord. 1984; Ord. 1954; Ord. 1917; Ord. 1873. Formerly 20D.200.10-030)

20D.200.10-045 Receiving Areas.

(1) Eligible Properties. The properties eligible to use development rights transferred from the sending areas shall be properties within the following zones: City Center (CC), Retail Commercial (RC), General Commercial (GC), Overlake Business and Advanced Technology (OV), Business Park (BP), Manufacturing Park (MP), and Industry (I).

(2) Restriction. No more than 35 percent of the development rights eligible for being transferred from the sending areas shall be transferred to the combined receiving areas in any one neighborhood. (Ord. 2164; Ord. 1984; Ord. 1954; Ord. 1873. Formerly 20D.200.10-040)

20D.200.10-050 Calculation of Development Rights.

(1) Based on Gross Acreage. The total available development rights from a lot or property is based upon gross acreage except in the case of historic landmark properties in commercial zones.

(2) The following formula shall be used to calculate the number of development rights, except for historic landmark properties in commercial zones:

(3) Development Rights Factors. The development rights factors in this table were determined by analyzing median assessed land values. The factors were derived by determining the median assessed fair market value of land not including any improvements in the various zones in Redmond. The values analyzed were values per square foot of land. This value was converted to the value for an acre of land and divided by an estimated value of $50,000 per TDR to determine the factor.

(4) If a zone is not listed in the table in this section, the Administrator shall classify the zone in the table row that contains the zone most similar to it.

(5) Development Right Transfers for Historic Landmarks in a Commercial Zone. The amount of development rights to be transferred from an eligible historic structure in a commercial zone shall in no case be less than one. The difference between the maximum FAR (without TDRs) and the FAR of the existing structure shall then be added to the minimum as illustrated in the following formulas:

Eligible gross acres (including a fraction of an acre) as defined by RCDG 20D.200.10-040	X	The development rights factor in the following table, RCDG 20D.200.10-050(3), Development Rights Factors	X	Any applicable adjustments provided for by RCDG 20D.200.10-130(4)(f), expressed as a percentage	=	The number of development rights the landowner shall receive

Zoning Category (as shown by zone symbols)	Development Rights Factor Per Gross Acre of Land for Critical Areas Sending Properties Listed in RCDG 20D.200.10-040(1)(c)	Development Rights Factor Per Gross Acre of Land for Sending Properties Listed in RCDG 20D.200.10-040(1)(d)
A, UR, and RA-5	1.1	1.1
R-1 and R-2	1.7	1.7
R-3	6.0	6.0
R-4 and R-5	6.5	6.5
R-6	7.5	7.5
R-8, R-12, R-18, R-20, R-30	8.0	8.0
NC	8.0
GC	7.5
RC and OV	14.0
GDD and DD	9.5
CC-1, CC-2, CC-3, CC-4, CC-5, and CC-6	11.7
BP	8.7
MP and I	5.7

Zoning Category (as shown by zone symbols)	Development Rights Factor Per Gross Acre of Land for Other Sending Properties Listed in RCDG 20D.200.10-040(1)(a) or (b)
A or UR	1

Site in square feet	X	FAR (without TDRs)	=	Total allowed square footage

Total allowed square footage	–	Net square footage of existing structure	=	Square foot amount for TDR calculation

(Square foot amount for TDR calculation (from above calculation)	/	8,712 square feet)	+	1	=	The number of development rights the owner shall receive (rounded to 2 decimals)

Example:
Gross site area/lot size:		25,000 sq. ft.
FAR allowed by zoning:		1.25
Size of existing structure:		10,000 sq. ft.

25,000 site	X	1.25 FAR	=	31,250 sq. ft. allowed development

31,250 allowed development	–	10,000 existing structure	=	21,250 remaining possible development potential

21,250 remainder	/	8,712 value of 1 TDR	=	1.85 development rights

1.85 calculated development rights	+	1 minimum	=	2.85 total number of development rights to owner

(a) Property owners eligible for development rights on properties classified as critical wildlife habitats by RCDG 20D.140.10-070(3), Wildlife Habitat Classification, buffers for critical habitats under RCDG 20D.140.10-110(3), wildlife habitat area buffers, or historic landmark sites may request that the Administrator increase the development rights factor for their properties. The property owner making the request shall provide evidence acceptable to the Administrator showing that the market value of the fee simple interest in the land, not including any improvements, has a value higher than the value represented by the applicable development rights factor. The request shall be in writing. The request shall be provided to the Administrator on or before the date a certificate of development rights is requested. If the City has issued a certificate of transferable development rights for the property without a request from the property owner, the request shall be provided to the Administrator before a TDR conservation easement is recorded for the sending property.

(c) If, after reviewing the evidence provided by the property owner and any information to which the City has access, the Administrator determines that the development rights factor should be increased to match the market value of the fee simple interest in the land, the Administrator shall use a development rights factor that matches the market value of the fee simple interest in the land exclusive of any improvements on the land in calculating the development rights for the property. In making this determination, the Administrator shall consider the current and likely future market value of transferable development rights. (Ord. 2164; Ord. 1984; Ord. 1954; Ord. 1873)

20D.200.10-060 Procedure.

20D.200.10-070 Certificate of Development Rights.

20D.200.10-080 TDR Conservation Easement.

20D.200.10-090 Deed of Transfer of Development Rights.

20D.200.10-100 Extinguishment Document.

(1) The extinguishment document shall identify the development rights sending property (legal description and serial number) and the development rights receiving property, and how the development rights are applied.

(2) The extinguishment document may be combined with the deed of transfer if the receiving site and project are identified. (Ord. 1984; Ord. 1954; Ord. 1873)

20D.200.10-110 Partial Sale or Use of Development Rights.

(1) The sending area property owner can sell all, none, or part of the development rights.

(2) If the sale of development rights from the sending area property owner would entail less than an entire parcel, the following additional regulations shall apply except for those properties designated as historic landmarks:

(a) The portion of the lot involved in the proposed sale of development rights shall be legally described and must be shown on a map. The serial number assigned to the certificate of development rights shall reflect only the portion of the property where development rights have been sold.

(b) When a portion of the total available development rights are sold from a lot or property, the future sale of additional development rights from that property shall occur so that the land is contiguous, to the greatest extent possible, to the lands from which development rights were previously sold.

(c) If the land subject to the TDR conservation easement is subdivided, within the limitations of the zoning, any new parcel created shall continue to be subject to the TDR conservation easement and shall comply with this division.

(3) In the case of a historic landmark, the partial sale of development rights shall cause the preservation easement to be executed in full. (Ord. 2164; Ord. 1984; Ord. 1954; Ord. 1873)

20D.200.10-120 Use of the Development Rights: Floor Area and Regulatory Flexibility.

(1) Within the designated receiving zones, each development right may be used as a right for any one of the following, subject to the limitations of this division:

(b) To substitute a requirement to provide 8,712 square feet of public or private park land;

(c) To increase the maximum impervious surface limitations or maximum structure coverage by 8,712 square feet; provided, that the total increase shall not exceed 10 percent of the site;

(d) To increase the height limitation up to 10 feet across each 8,712-foot increment of gross floor area (gfa). In no case can total building height be greater than 10 feet above the height allowed in the underlying zones; or

(e) To add up to five additional parking stalls per 8,712 square feet of TDR purchased in the sending area.

A fraction of a development right shall be entitled to the equivalent fraction of any of the above.

(2) The Administrator shall approve the application for transfer of development rights if the Administrator finds the request meets all of the following criteria:

(a) Does not exceed the limitations on density or intensity allowed by the zone through a transfer of development rights. An increase above the intensity or density allowed without transfers of development rights shall only be gained through the use of transfers of development rights (TDR).

(b) The proposal complies with all applicable development regulations, unless that regulation is modified by the transfer of development rights.

(d) The final development intensity achieved for any property located in a TDR receiving zone must be determined by review and approval of the Administrator as a part of the development process.

(3) A site plan application or final plat for a subdivision using transferred development rights shall contain a statement describing the development proposed, the zoning classification of the property, the amount and serial number of development rights used, and a notation of the recording number of the TDR conservation easement recorded with King County. (Ord. 2164; Ord. 1984; Ord. 1954; Ord. 1873)

20D.200.10-130 TDRs for Partially Developed Wildlife Areas.

(1) This section shall only apply to properties classified as a critical habitat by RCDG 20D.140.10-070(3), Wildlife Habitat Classification, or a buffer for a critical habitat under RCDG 20D.140.10-110(3), Wildlife Habitat Area Buffers.

(2) A qualifying property owner may be granted development rights under either or both of subsections (3) and (4) of this section.

(a) The applicant shall be granted development rights for the part of the property that is undeveloped land when all of the following conditions are met:

(i) The existing uses and activities taking place on the property can continue and be maintained without harming the fish or wildlife protected under RCDG 20D.140.10-070(3), Wildlife Habitat Classification, or reducing the size or value of the existing wildlife habitat or buffer.

(ii) Absent the classification of the property as a critical habitat or a buffer for a critical habitat, additional housing units or additional building space could have been constructed on the undeveloped land.

(iii) The TDR conservation easement shall limit the use of the undeveloped land as provided in RCDG 20D.200.10-030, Sending Areas.

(b) Where an applicant restores some or all of the property with native vegetation that will provide habitat for the fish or wildlife protected under RCDG 20D.140.10-070(3), Wildlife Habitat Classification, the Administrator shall grant development rights for the portion of the property that the Administrator determines has habitat value generally equivalent to natural habitat and that complies with subsection (3)(a) of this section except for the requirement that the land be undeveloped.

(4) The Habitat or Buffer Is Developed, but Underused. Where some or all of the habitat or buffer area on the property is not undeveloped land, the applicant shall be granted development rights land as provided in subsection (4)(f) of this section for the part of the property that is developed land when all of the following requirements are met:

(a) The existing uses and activities taking place on the property can continue and be maintained without harming the fish or wildlife protected under RCDG 20D.140.10-070(3), Wildlife Habitat Classification, or reducing the size or value of the existing wildlife habitat or buffer.

(b) The intensity or density of the entire developed portion of the property or adjoining property within a common ownership is less than 50 percent of the allowed intensity or density. This includes parts of the property within and outside the habitats and buffers.

(c) Absent the classification of the property as a critical habitat or buffer for a critical habitat, additional housing units or additional building space could have been constructed on the land classified as a habitat or buffer.

(d) The TDR conservation easement shall limit the use of any vacant land as provided in RCDG 20D.200.10-030, Sending Areas. A TDR conservation easement shall also limit the use of the developed land designated as wildlife habitats or buffers to the existing uses, density, and intensity.

(e) The uses, activities, structures, parking, exterior storage, or substantially non-native landscaping were legally established and maintained.

(f) If the requirements of this subsection are met, the Administrator shall approve the application for development rights for the part of the property that is developed land. The amount of development rights shall be determined using the formula in RCDG 20D.200.10-050, Granting and Measuring Development Rights, with the following adjustment based on the density or intensity of the existing uses as provided in the following table.


Existing Development Density or Intensity (Entire Property or Properties in a Common Ownership)	Percent of Development Rights That Shall Be Granted (Adjustment Percentage)
1 to 15 percent of allowed density or intensity	50 percent of the development rights that would otherwise be granted under RCDG 20D.200.10-050, Granting and Measuring Development Rights
16 to 30 percent of allowed density or intensity	40 percent of the development rights that would otherwise be granted under RCDG 20D.200.10-050, Granting and Measuring Development Rights
31 to 45 percent of allowed density or intensity	35 percent of the development rights that would otherwise be granted under RCDG 20D.200.10-050, Granting and Measuring Development Rights
46 to 49 percent of the allowed density or intensity	30 percent of the development rights that would otherwise be granted under RCDG 20D.200.10-050, Granting and Measuring Development Rights
50 percent or more of the allowed density or intensity	0 percent of the development rights that would otherwise be granted under RCDG 20D.200.10-050, Granting and Measuring Development Rights

(5) The Administrator may condition compliance with this section through the use of easements or other means.

(6) For the purpose of this section the following terms shall mean the following:

(a) “Undeveloped land” shall mean land not covered with structures (including storm water facilities), parking, exterior storage, lawns, and other predominately non-native landscaping or used for a use or activity other than wildlife habitat or a wildlife habitat buffer. Any uses, activities or structures allowed by RCDG 20D.140.10-110(3), Wildlife Habitats, shall be considered wildlife buffer uses when undertaken within a buffer in compliance with RCDG 20D.140.10-110(3), Wildlife Habitats.

(b) “Developed land” shall mean land covered with structures (including storm water facilities), parking, exterior storage, lawns, and other predominately non-native landscaping or used for a use or activity other than wildlife habitat or a wildlife habitat buffer. Any uses, activities, or structures allowed by RCDG 20D.140.10-110(3), Wildlife Habitats, shall be considered wildlife buffer uses and not developed land when undertaken within a buffer in compliance with RCDG 20D.140.10-110(3), Wildlife Habitats. (Ord. 1984)