4-9-065 DENSITY BONUS REVIEW:
A. PURPOSE:
The purpose of this Section is to offer increased residential density for developments that construct affordable dwelling units, assisted living facilities, or cottage housing. Density bonuses are offered to meet the intent of the Comprehensive Plan policies, including but not limited to goals and policies of the land use element, and housing and human services element, as well as the purpose and intent of the zoning districts. It is expected that all density bonuses will be achieved with no variances. (Amd. Ord. 4985, 10-14-2002; Ord. 5137, 4-25-2005; Ord. 5573, 11-15-2010; Ord. 5759, 6-22-2015; Ord. 6042, 12-13-2021)
B. APPLICABILITY:
Density bonuses shall be considered when any of the following are proposed:
1. Bonus market-rate dwelling units in exchange for the construction of affordable dwelling units.
2. Assisted living facilities where the use is allowed pursuant to chapter 4-2 RMC.
3. Cottage house developments. (Amd. Ord. 4985, 10-14-2002; Ord. 5137, 4-25-2005; Ord. 5369, 4-14-2008; Ord. 5387, 6-9-2008; Ord. 5503, 11-16-2009, eff. 11-21-2009; Ord. 5759, 6-22-2015; Ord. 6042, 12-13-2021)
C. REVIEW PROCESS:
1. Concurrent Review: Density bonus review shall occur concurrently with any other required land use permit that establishes the permitted density and use of a site, including subdivisions, site plan review, and conditional use permits. When the development proposal does not otherwise require a subdivision, site plan review, or conditional use permit to establish the permitted density of a site, but includes a density bonus request, the development proposal shall be reviewed under administrative site plan review requirements.
2. Authority: The Community and Economic Development Administrator shall determine compliance with the density bonus process unless the required land use permit as described in subsection C1 of this Section, Concurrent Review, requires Hearing Examiner review. (Ord. 5676, 12-3-2012)
3. Submittal Requirements and Fees: An applicant shall submit applications and fees in accordance with the requirements for the primary development application pursuant to chapters 4-1 and 4-8 RMC. (Amd. Ord. 4985, 10-14-2002; Ord. 5137, 4-25-2005; Ord. 5759, 6-22-2015)
D. BONUS ALLOWANCES AND REVIEW CRITERIA:
1. Affordable Housing: At a ratio of one bonus market-rate dwelling unit for each affordable dwelling unit constructed on site, bonus market-rate dwelling units may be granted up to the maximum bonus density allowed pursuant to subsection D3 of this Section, Maximum Bonus Units, provided the minimum number required has been satisfied. Affordable dwelling units shall conform to the following standards:
a. Minimum Number: All projects must construct at least two (2) affordable dwelling units. Projects that are thirty (30) units or greater shall construct at least ten percent (10%) of the total units in the project as affordable.
b. Duration: An agreement in a form approved by the City must be recorded with the King County Recorder’s Office requiring affordable housing units provided under this Section remain affordable housing for fifty (50) years or the life of the development, whichever is less. This agreement shall be a covenant running with the land, binding on the assigns, heirs and successors of the applicant to the satisfaction of the City Attorney.
c. Affordable Housing Income Levels: Dwelling units conditioned as affordable under this Section shall conform to the definition of “affordable housing” pursuant to RMC 4-11-010, Definitions A.
d. Affordable Unit Conditions: Affordable housing units shall be provided in a range of sizes and with features comparable to market-rate units. The low-income units shall be distributed throughout the development and have substantially the same functionality as the other units in the development.
e. Annual Reporting: Within thirty (30) days after the first anniversary of issuance of the project’s Certificate of Occupancy and each year thereafter for fifty (50) years, the applicant/owner shall file an annual report with the Administrator. The report shall contain such information as the Administrator may deem necessary or useful, and shall at a minimum include the following information:
i. A certification that the project has been in compliance with the affordable housing requirements of this Section since the date the City issued the project’s Certificate of Occupancy and that the project continues to be in compliance with the requirements of this Section;
ii. A breakdown of the number and specific housing units sold or rented during the twelve (12) months ending with the anniversary date, as applicable, to meet the affordable housing requirements of this Section;
iii. The total sale or rental amount of each affordable housing unit for households sold or rented during the twelve (12) months ending with the anniversary date, as applicable;
iv. The income of each purchaser or renter (at the time of purchase or rental) of an affordable housing unit, as applicable; and
v. Documentation that a third-party entity has monitored the project’s compliance with the affordable housing requirements of this Section, as applicable.
2. Assisted Living Facilities: The development shall satisfy the definition of “assisted living facility” pursuant to RMC 4-11-010, Definitions A.
3. Cottage House Developments: Bonus market-rate dwellings may be granted at a rate of two and one-half (2.5) times the maximum density that could be achieved in a standard subdivision based on the development standards of the underlying residential zone. The applicant shall submit a pro forma subdivision plan for the proposed property showing the number of conventional lots that would be permitted by the underlying zone. This pro forma subdivision plan will be used to determine the maximum number unit lots allowed, by multiplying the number of lots in the pro forma subdivision plan by two and one-half (2.5). (Ord. 6042, 12-13-2021)
4. Maximum Bonus Units: The following table provides the maximum density that may be granted in applicable zones for conformance with affordable housing, assisted living facility, or cottage housing provisions:
|
a. Affordable Housing |
|
|
Subject Zones |
Maximum Density |
|
CD, UC, CV, CO, COR, R-14, and RMF |
30% above maximum density or density allowed via conditional use permit |
|
b. Assisted Living Facilities |
|
|
Subject Zones |
Maximum Density |
|
RMF, CV, CD, CO, COR, and UC |
50% above maximum density |
|
R-1, R-10, and R-14 |
Up to 18 dwelling units per net acre |
|
Cottage House Developments |
|
|
Cottage house developments may be granted a bonus density of 2.5 the number of lots identified in the pro forma subdivision plan for the following zoning districts: R-4, R-6, R-8, R-10, and R-14. |
|
(Ord. 4963, 5-13-2002; Amd. Ord. 4985, 10-14-2002; Ord. 5137, 4-25-2005; Ord. 5286, 5-14-2007; Ord. 5369, 4-14-2008; Ord. 5387, 6-9-2008; Ord. 5450, 3-2-2009; Ord. 5503, 11-16-2009, eff. 11-21-2009; Ord. 5518, 12-14-2009; Ord. 5573, 11-15-2010; Ord. 5676, 12-3-2012; Ord. 5759, 6-22-2015; Ord. 5791, 4-25-2016; Ord. 6041, 12-13-2021; Ord. 6042, 12-13-2021)