Chapter 15.425
DEVELOPMENT INCENTIVES
Sections:
15.425.010 Authority and Application
15.425.100 Maximum Densities Permitted through Density Incentive Review
15.425.200 Types of Public Benefits and Density Incentives
15.425.300 Density and Development Incentive Chart
15.425.400 Rules for Calculating Total Permitted Dwelling Units/Increased Site Coverage
15.425.500 Tree Retention, Landscaping, and Other Development Standards
15.425.600 Maximum Building Heights Permitted Through Height Incentive Review
15.425.700 Types of Public Benefits and Height Incentives
15.425.800 Height Incentive Chart
15.425.005 Purpose
The purpose of this chapter is to provide density incentives to developers of residential and commercial lands in urban areas and rural activity centers, in exchange for providing public benefits that help achieve Comprehensive Plan goals of affordable housing, historic preservation, energy conservation and economic redevelopment. This is accomplished through this code by:
A. Defining, in quantified terms, the benefits that can be used to earn density incentives;
B. Providing rules and formulas for computing density incentives for each benefit;
C. Providing a method to realize the development potential of sites containing unique features of size, topography, environmental features or shape; and
D. Providing a review process to allow evaluation of proposed public benefits and potential allowances, and to give the public opportunities to review and comment. (Ord. 15-1018 § 1)
15.425.010 Authority and Application
A. Permitted Locations of Residential Density Incentives. Residential density incentives (RDI) shall be used only on sites served by public sewers and public water and only in the:
1. RL, RM, URM, RH, URH, NVM, NVH and MHP zones; or
2. CB, UVM, UVH, and RBX zones when part of a mixed-use development that includes a residential component.
B. Permitted Locations of Commercial Density Incentives. Commercial density incentives (CDI) shall be used only on sites served by public sewers and public water and only in the:
1. CB and RBX zones; or
2. I zone when part of a mixed use development.
C. Permitted Locations of Village Height Incentives. Village height incentives (VHI) shall be used only on sites served by public sewers and public water, and only in the Neighborhood and Urban Village zones:
1. Neighborhood Village Medium (NVM), Urban Village Medium (UVM), Neighborhood Village High (NVH), and Urban Village High (UVH) zones. (Ord. 25-1032 § 1 (Exh. A); Ord. 24-1022 § 5 (Exh. C); Ord. 17-1023 § 1; Ord. 15-1018 § 1)
15.425.020 Review Process
A. All RDI/CDI proposals can be reviewed concurrently with other City land use approvals or permits through a public hearing (if necessary for other land use approvals) to consider the proposed site plan and methods used to earn extra density. The following rules shall govern hearing requirements for reviewing RDI/CDI proposals with other land use approvals:
1. The preliminary site plan for any development proposing to use RDI/CDI provisions shall be combined with an application, where applicable, for a preliminary subdivision, planned unit development, special overlay district or rezone.
2. Applications for consolidated actions shall contain all of the information that would be required by the City if each application were considered separately.
3. When a public hearing is necessary, notice of the public hearing shall state clearly if such hearing will consider consolidated application for the proposed development. The notice shall also include the development’s proposed density and general description of the public benefits specified in this chapter and offered to earn extra density.
B. RDI/CDI applications which propose to earn bonus units or additional site coverage by dedicating real property or public facilities shall include a letter from the City certifying that the proposed dedication qualifies for the density incentive. (Ord. 25-1032 § 1 (Exh. A); Ord. 15-1018 § 1)
15.425.100 Maximum Densities Permitted through Density Incentive Review
A. Maximum Densities Permitted Through Residential Density Incentive Review. The maximum density permitted through RDI review shall be one hundred thirty percent (130%) of the base density of the underlying zone of the development site.
B. Maximum Densities Permitted Through Commercial Density Incentive Review. The maximum density permitted through CDI review shall be one hundred thirty percent (130%) of the base density of the underlying zone of the development site. (Ord. 15-1018 § 1)
15.425.200 Types of Public Benefits and Density Incentives
A. Types of Benefits/Incentives. The public benefits eligible to earn increased densities, and the maximum incentive to be earned by each benefit, are set forth in SMC 15.425.300.
1. Residential Projects. For residential developments the density incentive is expressed as bonus dwelling units (or fractions of dwelling units) earned per level of public benefit provided.
2. Commercial/Industrial Projects. For commercial or industrial projects, the incentive is expressed as an increase in the allowed lot coverage, or a reduction in the required landscaping/parking.
B. Residential Projects in RL, RM, URM, RH and URH Zones. Residential development in the RL, RM, URM, RH and URH zones with property-specific development standards pursuant to Chapter 15.460 SMC, Performance Standards – General, which require any public benefit enumerated in this chapter, shall be eligible to earn bonus dwelling units set forth in SMC 15.425.300, Density and Development Incentive Chart, by complying with the property-specific standards when the public benefits provided exceed the basic development standards of this title. If the basic standards are modified through the application of an overlay zone, bonus points may be earned if the development provides public benefits exceeding corresponding standards of the overlay zone. (Ord. 24-1022 § 5 (Exh. C); Ord. 15-1018 § 1)
15.425.300 Density and Development Incentive Chart
The following are the public benefits eligible to earn density incentives or reduced development standards through Residential Development Incentive (RDI) or Commercial Development Incentive (CDI) review:
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BENEFIT |
DENSITY INCENTIVE |
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AFFORDABLE HOUSING A. Rental housing permanently priced to serve non-elderly, low-income households (no greater than 30% of gross income for households at or below 50% of King County median income, adjusted for household size). A covenant on the site that specifies the income level being served, rent levels and requirements for reporting to the City or authorized housing agency shall be recorded at final approval. |
1.5 bonus units per benefit unit, up to a maximum of 30 low-income units per 5 acres of site area; projects on sites of less than 5 acres shall be limited to 30 low-income units. |
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B. Rental housing designed and permanently priced to serve low-income senior citizens (i.e., no greater than 30% of gross income for one (1) or two (2) person households, one (1) member of which is 62 years of age or older, with incomes at or below 50% of King County median income, adjusted for household size). A covenant on the site that specifies the income level being served, rent levels and requirements for reporting to the City or authorized housing agency shall be recorded before final approval. |
1.5 bonus units per benefit unit, up to a maximum of 60 low-income units per 5 acres of site area; projects on sites of less than 5 acres shall be limited to 60 low-income units. |
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C. Moderate income housing reserved for income- and asset-qualified home buyers (total household income at or below 80% of King County median, adjusted for household size). Benefit units shall be limited to owner-occupied housing with prices restricted based on typical underwriting ratios and other lending standards, and with no restriction placed on resale. Final approval conditions shall specify requirements for reporting. |
0.75 bonus units per benefit unit. Must report to the City or authorized housing agency on both buyer eligibility and housing prices. |
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D. Moderate income housing reserved for income- and asset-qualified home buyers (total household income at or below 80% of King County median, adjusted for household size). Benefit units shall be limited to owner-occupied housing, with prices restricted, based on typical underwriting ratios and other lending standards, with a 15-year restriction placed on resale. Final approval conditions shall specify requirements for reporting to City or authorized housing agency on both buyer eligibility and housing prices. |
1.0 bonus units per benefit unit. |
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E. Benefit units consisting of moderate income housing reserved for income- and asset-qualified home buyers (total household income at or below 80% of King County median, adjusted for household size). Benefit units shall be limited to owner-occupied housing, with prices restricted to same income group, based on typical underwriting ratios and other lending standards for 30 years from date of first sale. A covenant on the site that specifies the income level and other aspects of buyer eligibility, price levels and requirements for reporting to the City or authorized housing agency shall be recorded at final approval. |
1.5 bonus units per benefit unit. |
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F. Manufactured home park space or pad reserved for the relocation of an insignia or non-insignia manufactured home that has been or will be displaced due to closure of a manufactured home park located within the City. |
1 bonus unit per benefit unit. |
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G. Affordable housing developments on property owned or controlled by a religous organization. |
30% increase in site/density coverage. |
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PARK SITES A. Dedication of park site or trail right-of-way meeting City location and size standards for neighborhood, community or regional park, and accepted by the City. |
For an RDI, 0.5 bonus units per acre of park area exceeding the minimum requirements of Chapter 15.510 SMC, Multi-Family Housing Design Standards, for on-site recreation space, computed on the number of dwelling units permitted by the site’s base density. |
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B. Improvement of dedicated park site to City standards for developed parks. |
0.75 bonus units per acre of park improvements. If the applicant is dedicating the site of the improvements, the bonus units earned by improvements shall be added to the bonus units earned by dedication. 5% increase of site density/coverage for a CDI site. |
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C. Creation of open space/park for general public and employees in a commercial development. |
5% increase in site coverage and reduce parking landscaping by 5%. |
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D. Enhanced pedestrian elements in the commercial development (i.e., mode separations between bicycle/auto/pedestrian; pedestrian corridors; service/retail outlets for employees/citizens). |
Reduce overall parking and landscaping requirements by 5%. |
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HISTORIC PRESERVATION A. Dedication of a site containing a historic landmark to the City or a qualifying nonprofit organization capable of restoring and/or maintaining the premises to standards set by the City in SMC 15.120.110(C), Standards for Conversion of Historic Buildings. |
For an RDI site, 0.5 bonus units per acre of historic site. 10% increase of site density/coverage for a CDI site. |
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B. Restoration of a site or structure designated as a historic landmark in accordance to City standards. Specific architectural or site plan layout, approved by the City. |
0.5 bonus units per acre of site for an RDI site, or 1,000 square feet of floor area of building. 10% increase site density/coverage for a CDI site. |
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ENERGY CONSERVATION A. Incorporation of conservation features in the construction of all on-site dwelling units heated by electricity that save at least 20% of space heat energy use from the maximum permitted by the Northwest Energy Code, as amended. No more than 50% of the required savings may result from the installation of heat pumps. None of the required savings shall be achieved by reduction of glazing area below 15% of floor area. Energy use shall be expressed as allowable energy load per square foot or as total transmittance (UA). |
0.15 bonus units per base unit that achieves the required savings. |
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B. Incorporation of conservation features in the construction of all on-site dwelling units heated by natural gas, or other non-electric heat source, that save at least 25% of space heat energy use from the maximum permitted by the Northwest Energy Code, as amended. None of the required savings shall be achieved by reduction of glazing area below 15% of floor area. Energy use shall be expressed as allowable energy load per square foot or as total transmittance (UA). |
0.10 bonus units per base unit that achieves the required savings. |
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NOTE: When proposed energy conservation bonus units of this section are reviewed in conjunction with a subdivision or a short subdivision, the applicant shall provide data and calculations for a typical house of the type to be built in the development that demonstrates to the City’s satisfaction how the required savings will be achieved. A condition of approval shall be recorded with the plat and shown on the title of each lot specifying the required energy savings that must be achieved in the construction of the dwelling unit. The plat notation shall also specify that the savings shall be based on the energy code in effect at the time of preliminary plat application. |
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ECONOMIC REDEVELOPMENT A. Creation of a pedestrian-oriented core/frontage that incorporates an element of High Capacity Transit (HCT) or the Personal Regional/Rapid Transit (PRT). B. Orientation of buildings to street frontage with parking to the rear or side of the development site, if not otherwise required. C. Construction of an HCT/PRT component that will benefit the site and the City’s transportation infrastructure. |
Any one or a combination of the three noted benefits qualifies for: 15% increase in site density/coverage and a 10% reduction in required parking spaces. |
(Ord. 25-1032 § 1 (Exh. A); Ord. 24-1022 § 5 (Exh. C); Ord. 15-1018 § 1)
15.425.400 Rules for Calculating Total Permitted Dwelling Units/Increased Site Coverage
A. Calculating Total Dwelling Units Permitted. The total dwelling units permitted through RDI review shall be calculated using the following steps:
1. Calculate the number of dwelling units permitted by the base density of the site in accordance with Chapter 15.400 SMC, Dimensional Standards and Regulations.
2. Calculate the total number of bonus dwelling units earned by providing public benefits listed in SMC 15.425.300, Development Incentive Chart.
3. Add the number of bonus dwelling units earned to the number of the dwelling units permitted by the base density.
4. Round fractional dwelling units to the nearest whole number; 0.49 or fewer dwelling units are rounded down.
5. Notwithstanding the number of bonus units earned, the maximum density of the RDI development site shall not exceed one hundred thirty percent (130%) of the site’s basic density. On sites with more than one (1) zone or zone density, the maximum density shall be calculated for the site area in each individual zone. Bonus units may be allocated within the zones in the same manner as set forth in base units in Chapter 15.400 SMC, Dimensional Standards and Regulations.
B. Formulas. The formulas for calculating the total number of dwelling units/increased site coverage permitted through RDI/CDI review is as follows:
1. Site Base Density Units + Bonus Density Units = Total Residential Density Units.
2. Site Coverage Allowed + Bonus Site Density Coverage = Total % Site Coverage. (Ord. 15-1018 § 1)
15.425.500 Tree Retention, Landscaping, and Other Development Standards
A. Any RDI development in the RH, URH, URH-MU, NVM and NVH zones which is made up of seventy-five percent (75%) or more townhouse and multi-family dwelling units shall provide perimeter landscaping and tree retention in accordance with the standards of Chapter 15.505 SMC, Townhouse Development Design Standards, and Chapter 15.445 SMC, Landscaping and Tree Retention, for townhouse and multi-family projects.
B. RDI site shall meet the lot coverage, impervious surface, building height limits, and other dimensional requirements of the zone with the base density most clearly comparable to the total approved density. Fractional densities shall be rounded to the nearest whole number (0.49 or less are rounded down) to determine which dimensional requirements apply. (Ord. 25-1032 § 1 (Exh. A); Ord. 25-1008 § 1 (Exh. A); Ord. 17-1023 § 1; Ord. 15-1018 § 1)
15.425.600 Maximum Building Heights Permitted through Height Incentive Review
A. Maximum Heights Permitted in the NVM Zone. The maximum height permitted through VHI in the NVM zone is six (6) stories or seventy (70) feet. No portion of the building may exceed seventy (70) feet.
B. Maximum Heights Permitted in the UVM Zone. The maximum height permitted through VHI in the UVM zone is seven (7) stories or eighty (80) feet. No portion of the building may exceed eighty (80) feet.
C. Maximum Heights Permitted in the NVH Zone. The maximum height permitted through VHI in the NVH zone is eight (8) stories or ninety (90) feet. No portion of the building may exceed ninety (90) feet.
D. Maximum Heights Permitted in the UVH Zone. The maximum height permitted through VHI in the UVH zone is nine (9) stories or one hundred (100) feet. No portion of the building may exceed one hundred (100) feet.
E. All maximum heights limited by FAA and Fire Department regulations. (Ord. 24-1022 § 5 (Exh. C))
15.425.700 Types of Public Benefits and Height Incentives
A. Types of Benefits/Incentives. The public benefits eligible to earn increased heights are set forth in SMC 15.425.800, Height Incentive Chart.
1. Neighborhood Village Medium Zone. For developments in the Neighborhood Village Medium zone (NVM), public benefits required for height incentives include providing affordable housing units, additional open space beyond the standard requirements, and providing ground floor active uses.
2. Urban Village Medium Zone. For developments in the Urban Village Medium zone (UVM), public benefits required for height incentives include providing affordable housing units, additional open space beyond the standard requirements.
3. Neighborhood Village High Zone. For developments in the Neighborhood Village High zone (NVH), public benefits required for height incentives include providing affordable housing units, additional open space beyond the standard requirements.
4. Urban Village High Zone. For developments in the Urban Village High zone (UVH), public benefits required for height incentives include providing affordable housing units, additional open space beyond the standard requirements. (Ord. 25-1032 § 1 (Exh. A); Ord. 24-1022 § 5 (Exh. C))
15.425.800 Height Incentive Chart
The following are the public benefits eligible to earn increased height in the Village zones. Multiple incentives may be utilized to achieve the maximum heights permitted for the zone, as established in SMC 15.425.600.
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BENEFIT |
HEIGHT INCENTIVE |
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AFFORDABLE HOUSING A. Rental housing permanently priced to serve low-income households. A covenant on the site that specifies the income level being served, rent levels and requirements for reporting to the City or authorized housing agency shall be recorded at final approval. |
A one (1) story increase in the allowed height shall be permitted with a mixture of unit sizes in a development with at least ten percent (10%) of the units are affordable to serve low-income households. |
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PUBLIC OPEN SPACE A. Additional public open space, above and beyond what is required for the development, in order to enhance recreational and gathering space opportunities for the public. |
A one (1) story increase in the allowed building height shall be permitted when at least fifteen percent (15%) additional public open space over what is required is provided. |
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GROUND FLOOR ACTIVE USES A. For developments located in the Neighborhood Village Medium (NVM) zones, provide ground floor active uses, in accordance with Chapter 15.520 SMC, to provide an active and vibrant streetscape for the community. |
A one (1) story increase in the allowed building height shall be permitted when a development in the NVM zone provides ground floor active uses, consistent with Chapter 15.520 SMC. |
(Ord. 25-1032 § 1 (Exh. A); Ord. 24-1022 § 5 (Exh. C))