Chapter 15.330
DENSITY BONUS INCENTIVES
Sections:
15.330.020 Density bonus system for the R-S and R-L zones.
15.330.010 Purpose.
A. To promote a variety of housing types;
B. To promote green building policies and practices;
C. To promote compact development patterns that encourage the use of nonmotorized forms of transportation;
D. To promote the integration of trails into the design of new developments;
E. To promote the preservation of historic resources;
F. To promote the integration of affordable housing into new development; and
G. To encourage the preservation of valuable resource lands outside of the city. [Ord. 4656 § 1 (Exh. O2), 2013.]
15.330.020 Density bonus system for the R-S and R-L zones.
Table 15.330.020 summarizes the types of bonus elements and the range of density bonuses by percentages for each element. Details and conditions for each bonus element are provided in subsections (A) through (F) of this section. Developments may use a combination of bonus elements provided they comply with the maximum density provisions set forth for the zone in Table 15.320.030. An exception to the maximum density provisions is only provided for projects complying with Net Zero Energy standards as set forth in subsection (A) of this section.
|
Bonus element |
Density bonus % increase |
Special conditions |
|---|---|---|
|
Energy efficient construction/Built Green, LEED or other similar environmental certification |
25 – 150% |
See subsection (A) of this section for details. |
|
Greater mix of housing types |
10 – 15% |
See subsection (B) of this section for details. This option may be applied to all development sites with at least 5 acres. |
|
Off-street trails |
5 – 20% |
See subsection (C) of this section for details. |
|
Transfer of development rights (TDR) |
Up to 50% |
See subsection (D) of this section for details. |
|
Historic preservation |
15 to 50% |
See subsection (E) of this section for details. |
|
Affordable housing |
15 to 50% |
See subsection (F) of this section for details. |
A. Energy Efficient Construction.
1. Table of Green Building and Energy Efficient Density Bonuses. Four tiers of density incentives are employed to promote increasing levels of green building performance and higher energy efficiencies (via a green building rating system) in new developments. Applicable green building rating systems shall be indicated on the plat and confirmed with individual building permit application as directed in subsection (A)(2) of this section, Project Certification. The following table outlines density bonuses associated with specific green building rating systems for single-family, duplex and townhouse developments in the R-S and R-L zones.
|
Density Bonus |
20% |
50% |
100% |
150% |
|---|---|---|---|---|
|
Compliance Paths for Single-Family, Cottages, Duplexes, Townhouses, and Multifamily |
||||
|
Certification Level Required* |
LEED-Silver or Built Green 4-star |
LEED-Gold or Built Green 5-star |
LEED-Platinum |
|
Conditions/Notes:
* Equivalent rating systems which require third party verification maybe be approved at the discretion of reviewing authority.
2. Project Certification.
a. Building Permit. The applicant shall submit a building permit that is consistent with all conditions of the land use permit approval. The applicant shall also submit documentation that the project has applied for certification by a green building rating system, such as LEED or Built Green. Proof of ongoing certification shall be required during construction and project certification must be completed prior to final occupancy.
b. Living Building Challenge. For projects pursuing the Living Building Challenge for the purpose of a density bonus, the applicant must show proof of pursuing ongoing certification during construction for all required elements. After construction and prior to issuance of the certificate of occupancy, the applicant must show proof of initial project compliance as to the site, materials, indoor quality and beauty/inspiration components of the Living Building Challenge and that the project is likely to achieve the elements of energy and water following 12 months of occupancy as required under Living Building Challenge certification. For those elements of energy and water that require occupancy of the building for 12 months for Living Building Challenge certification, the applicant must submit a report to the city following 12 months of occupancy, demonstrating its progress towards meeting these remaining elements of the Living Building Challenge standard. If certification of those elements has not been achieved, the applicant must provide quarterly reports of progress towards certification of these elements, including additional steps and timeline that will be taken to achieve certification.
B. Mix of Housing Types. Up to a 50 percent density bonus may be provided for providing a diversity of housing types. This option may be applied to all development sites at least five acres in area.
1. Housing Mix Density Bonus Table.
|
Housing mix |
Density bonus |
|---|---|
|
At least 50% of the dwelling units are “alternative housing types” as defined below. At least 2 alternative housing types must be employed, with each type accounting for no less than 10% of the total units. |
10% |
|
At least 67% of the dwelling units are “alternative housing types” as defined below. At least 3 alternative housing types must be employed, with each type accounting for no less than 10% of the total units. |
15% |
2. Alternative housing types include:
a. Accessory dwelling units (ADU) complying with design provisions set forth in ECC 15.540.040. Also note that while ADUs do not count as a unit for the purpose of calculating density, they may be counted as an alternative housing type for the purpose of calculating the percentage of alternative housing types to total permitted units;
b. Small detached single-family dwelling units. This includes dwellings no larger than 1,400 square feet in gross floor area, excluding an attached or detached garage or other nonhabitable floor area. Such dwellings must comply with design provisions set forth in ECC 15.540.020;
c. Cottage dwelling units, complying with design provisions set forth in ECC 15.540.050. Also note that each cottage shall count as one-half of a dwelling unit for the purpose of calculating allowed density. However, for the purpose of determining the percentage of alternative housing types, each cottage dwelling may be counted as a single unit;
d. Duplexes complying with design provisions set forth in ECC 15.540.030;
e. Townhouses complying with design provisions set forth in Division V and notably ECC 15.540.060; and
f. Multifamily buildings, where permitted in the applicable zoning district, complying with design provisions set forth in Division V.
3. The specific location, mixture, and amount of housing shall be indicated on the plat to ensure compliance with the density bonus provisions herein.
C. Off-Street Trails.
1. Density Bonus. The density bonus percentage is based on the type and length of off-street trail with respect to the size of the development.
|
Trail Type |
Trail Extent |
Density Bonus % |
|---|---|---|
|
Walking, soft surface |
>1 lf of trail/4 lf of site perimeter length; |
5% |
|
>2 lf of trail/4 lf of site perimeter length. |
10% |
|
|
Walking, hard surface |
>1 lf of trail/4 lf of site perimeter length; |
10% |
|
>2 lf of trail/4 lf of site perimeter length. |
15% |
|
|
Multi-use |
>1 lf of trail/4 lf of site perimeter length; |
15% |
|
>2 lf of trail/4 lf of site perimeter length. |
20% |
2. Standards for Trails. Trails may either be a soft surface walking path, a hard surfaced walking path, or a wider hard surfaced multi-use pathway. As referenced in the nonmotorized transportation plan, federal, state, and professional guidance exists to ensure the system is designed to provide safe and accommodating facilities. Ellensburg relies primarily on:
a. The Federal Highway Administration’s (FHWA’s) National Bicycling and Walking Study: Case Study No. 24 – Current Planning Guidelines and Design Standards Being Used by State and Local Agencies for Bicycle and Pedestrian Facilities, has detailed engineering solutions for many nonmotorized situations.
b. AASHTO Guide for the Development of Bicycle Facilities, 3rd Edition, offers guidelines and minimum design criteria for safe bicycle facilities.
c. AASHTO Guide for the Planning, Design, and Operation of Pedestrian Facilities, 1st Edition, has guidelines and minimum design criteria for pedestrian facilities.
d. WSDOT’s Bicycle Facility Design Guidance (Chapter 1020) provides uniform minimum standards and criteria for the design and construction of bicycle facilities.
e. WSDOT’s Pedestrian Design Guidance (Chapter 1025) serves as a standard for construction and design of pedestrian facilities.
f. The John Wayne Pioneer Trail, The Ellensburg Greenway: Reconnection Study (2001) will guide the planning and design of that trail.
g. ADA Accessibility Guidelines for Transportation Facilities is consulted to ensure facilities are available to everyone.
h. Manual on Uniform Traffic Control Devices for Streets and Highways, USDOT, FHWA; as adopted and modified by Chapter 468-95 WAC provides standards for signs and other traffic control devices.
3. Context. The trails must be integrated into the design of the development as an amenity. To accomplish this goal, tall fences separating dwellings from trails are prohibited. Fences that separate dwellings in the subdivision from trails shall be less than 42 inches in height or at least 33 percent transparent (those portions of the fence taller than 42 inches in height). Notes referencing these standards shall be included on the plat. Fences adjacent to mid-block trails that run alongside yards are exempt from this standard.
D. Transfer of Development Rights (TDR). Developments may purchase the rights to develop additional units through the city’s TDR program (subject to the city adopting a TDR program) in the amount equal to a 50 percent increase in on-site density. For example, if 60 dwelling units are permitted under base maximum density requirements, then up to 30 additional dwelling units may be developed on the site if purchased through the city’s TDR program.
E. Historic Preservation.
1. Density Bonus. For each building that is preserved, the development shall qualify with a minimum of 15 percent and a maximum of 50 percent increase in on-site density for one acre of development. For example, if the development site covers 10 acres, the density bonus qualifies for one of the 10 acres.
2. Eligibility. Properties eligible for this density bonus option must feature a property that is eligible for historic landmark listing under the Ellensburg landmarks register, per ECC 15.280.080. Subject properties must be in habitable condition, or improved to habitable condition. Developments may also receive the density bonus credit if they are moved to another site within the city provided the applicable building/site meets applicable standards set forth in this title.
F. Affordable Housing.
1. Density Bonus. The available density bonus increase is based on the percentage of affordable housing units integrated into the subdivision, with a minimum of 15 percent to qualify and a maximum density bonus increase of 50 percent. The percentage shall be based on the number of affordable housing units divided by the base maximum density.
For example, if an applicant proposes 18 affordable units out of 60 maximum base units (30 percent), then the development is eligible for a 30 percent density bonus increase (in this case, 18 additional units). Even if the applicant seeks other density bonuses, the percentage of the affordable housing units will be measured against the base maximum density (not necessarily the total density, after other density bonuses).
2. Affordable Housing Unit Requirements.
a. Units must be affordable to persons with incomes at or below 80 percent of the median income for Kittitas County residents;
b. Duration. Housing shall serve only income-eligible households for a minimum period of 25 years from the later of the date when the affordability agreement between the housing owner and the city, as referenced in subsection (F)(3) of this section, is recorded, or the date when the affordable housing becomes available for occupancy as determined by the city;
c. Designation of Affordable Housing Units. Prior to the issuance of any permit(s), the director shall review and approve the location and unit mix of the affordable housing units consistent with the following standards:
i. Location. The location of the affordable housing units shall be approved by the city, with the intent that they generally be intermingled with all other dwelling units in the development;
ii. Tenure. The tenure of the affordable housing units (ownership or rental) shall be the same as the tenure for the rest of the housing units in the development;
iii. Size (Bedroom). The affordable housing units shall consist of a range of number of bedrooms that are comparable to units in the overall development; and
iv. Size (Square Footage). In no case shall the affordable housing units be less than 500 square feet for a studio unit, 600 square feet for a one-bedroom unit, 800 square feet for a two-bedroom unit, or 1,000 square feet for a three-bedroom unit;
d. Design. The exterior design of the affordable housing units must be compatible and comparable with the rest of the dwelling units in the development and must comply with project design provisions specified in Division V. The interior finish and quality of construction of the affordable housing units shall at a minimum be comparable to entry level rental or ownership housing in the city; and
e. Timing/Phasing. The affordable housing units shall be available for occupancy in a time frame comparable to the availability of the rest of the dwelling units in the development.
3. Affordability Agreement. Prior to issuing any building permit, an agreement in a form approved by the director that addresses price restrictions, homebuyer or tenant qualifications, phasing of construction, monitoring of affordability, duration of affordability, and any other applicable topics of the affordable housing units shall be recorded with Kittitas County auditor’s office. This agreement shall be a covenant running with the land and shall be binding on the assigns, heirs and successors of the applicant. The city may agree, at its sole discretion, to subordinate any affordable housing regulatory agreement for the purpose of enabling the owner to obtain financing for development of the property.
4. Monitoring and Fee. The city reserves the right to establish in the affordability agreement referred to in subsection (F)(3) of this section, monitoring fees for the affordable housing unit, which can be adjusted over time to account for inflation. The purpose of any monitoring fee is for the review and processing of documents to maintain compliance with income and affordability restrictions of the affordability agreement. [Ord. 4807 § 47, 2018; Ord. 4656 § 1 (Exh. O2), 2013.]
15.330.030 Floor area ratio (FAR) bonus system for the R-M, R-H, and R-O zones.
Repealed by Ord. 4807. [Ord. 4656 § 1 (Exh. O2), 2013.]