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HomeMy WebLinkAboutAgenda AGENDA Planning & Development Committee Regular Meeting 4:00 PM - Thursday, July 9, 2020 Video-conference 1. Shoreline Master Program 2. Docket #15 a) #D-169: Site Plan Review b) #D-173: Waived Fees c) #D-174: Mixed-Income Housing in the CV Zone 3. 2020 Flood Insurance Rate Maps Adoption a) AB - 2674 Community & Economic Development Department submits information regarding required implementation of floodplain management measures consistent with new county-wide Flood Insurance Study (FIS) and Flood Insurance Rate Maps (FIRM) that become effective on August 19, 2020. This will require amendments to the Renton Municipal Code (RMC). A recommendation regarding proposed code changes will be provided to Council following a review by the Planning Commission. 4. Housing Action Plan a) Renton Housing Action Plan 5. Emerging Issues in CED DRAFT Page 1 DRAFT CODE LANGUAGE AS OF JUNE 16, 2020 [STAFF-PROPOSED CODE CHANGES SHOWN IN STRIKETHROUGH/UNDERLINE.] 4-9-200 MASTER PLAN AND SITE PLAN REVIEW: A. PURPOSE AND INTENT: 1. The purpose of this Section shall be to ensure that proposed development is implemented in a manner consistent with the plans, policies and regulations of the City of Renton and to advance the following objectives: • a. To promote orderly community growth and minimize undesirable development impacts; • b. To promote high quality design; • c. To protect and enhance the natural landscape, environmental features and property values of the City; • d. To ensure convenient and safe pedestrian and vehicle access and circulation; and • e. To promote coordination of public or quasi-public elements within and between developments. 2. Review shall be divided into two (2) types, Master Plan Review and Site Plan Review: a. Master Plan Review: The purpose of the master plan process is to evaluate projects at a broad level and provide guidance for development projects with multiple buildings on a single large site. The master plan process allows for analysis of overall project concepts and phasing as well as review of how the major project elements work together to implement City goals and policies. Master plan review allows for consideration and mitigation of cumulative impacts from large-scale development and allows for coordination with City capital improvement planning. Master plan review should occur at an early stage in the development of a project, when the scale, intensity and layout of a project are known. b. Site Plan Review: The purpose of the site plan review process is to analyze the detailed arrangement of project elements to mitigate negative impacts where necessary to ensure project compatibility with the physical characteristics of a site and with the surrounding area. Site plan review ensures quality development consistent with City goals and policies. Site plan review analyzes elements including, but not limited to, site layout, building orientation and design, pedestrian and vehicular environment, landscaping, natural features of the site, screening and AGENDA ITEM #2. a) DRAFT Page 2 buffering, parking and loading facilities, and illumination to ensure compatibility with potential future development. B. APPLICABILITY AND AUTHORITY: 1. Master Plan Review: Master plan review is required for CA zoned sites two and one-half (2.5) acres or greater in area upon which residential mixed-use development is proposed, and master plan review is required for all phased development projects regardless of zone. When existing parcels are twenty five (25) acres or smaller, a master plan incorporating all abutting lots in common ownership as of December 1, 2003, is required. 2. Site Plan Review: a. When Required: Site plan review is required for all development in the IL, CO, CN, CD, CA, CV, COR, UC, R-10, RMH, RM, and R-14 Zones, all development within the Employment Area (EA) designation, and for the following types of development, regardless of zone: i. K-12 educational institutions. ii. Parks. iii. Outdoor recreation facilities. iv. Rental services with outdoor storage. v. Hazardous Waste Facilities: All hazardous waste treatment and storage facilities. vi. Medical institutions, assisted living, and convalescent care facilities. (Ord. 5917, 12-10- 2018) b. Optional: When specifically authorized by the development standards, site plan review may be used as a means to propose modifications to development standards for developments otherwise exempt from site plan review. 3. Authority: The Community and Economic Development Administrator shall have the authority to approve, approve with conditions, or deny proposals based on this Section when no other permit or approval requires Hearing Examiner review. (Ord. 5676, 12-3-2012; Ord. 5759, 6-22-2015; Ord. 5899, 11- 19-2018; Ord. 5953, 11-18-2019) C. EXEMPTIONS: AGENDA ITEM #2. a) DRAFT Page 3 1. Development Exempt from Master Plan Review: The following are exempt from the master plan review: a. Airplane Manufacturing and Airplane Manufacturing Accessory Functions: New structures, the rehabilitation of existing structures, or lot line adjustments for airplane manufacturing and airplane manufacturing accessory functions; b. Large Lot Subdivisions: Subdivision, lot line adjustment or other method of adjusting lot configurations that result in lots larger than twenty five (25) acres in size; c. SEPA Exempt Development: All development categorically exempt from review under RMC 4- 9-070G, Environmental Review Procedures; or d. Utilities: Underground utility projects. 2. Development Exempt from Site Plan Review: The following are exempt from the site plan review: a. Planned urban developments; b. SEPA Exempt Development: All development categorically exempt from review under RMC 4- 9-070G, Categorical Exemptions, except in cases where: i. New dwelling units are proposed within the Residential Ten (R-10) and Residential Fourteen (R-14) zones, where existing dwelling units are included in the proposal; or ii. Proposed development exceeds the threshold of large project scale per subsection D2b of this Section; (Ord. 5917, 12-10-2018) c. Utilities: Underground utility projects; d. Airplane Manufacturing and Airplane Manufacturing Accessory Functions: The rehabilitation of existing structures and new structures, except when the new structure abuts a public right-of-way or public park; and e. Interior tenant improvements. (Ord. 5675, 12-3-2012; Ord. 5841, 6-12-2017) D. CRITERIA TO DETERMINE IF PUBLIC HEARING IS REQUIRED: A public hearing before the Hearing Examiner shall be required in the following cases: AGENDA ITEM #2. a) DRAFT Page 4 1. All master plans except those covered by a planned action ordinance that included a public hearing that was determined by the Community and Economic Development Administrator to have provided the public and decision-makers with sufficient detail regarding the project’s scale, design, bulk and uses. Where a master plan is approved, subsequent site plans submitted for future phases may be submitted and approved administratively without a public hearing. (Ord. 5676, 12-3-2012; Ord. 5749, 1-12-2015) 2. Site Plan Review: a. Significant Environmental Concerns Remain: The Environmental Review Committee determines, based on departmental comments or public input, that there are significant unresolved concerns raised by the proposal; or b. Large Project Scale: The proposed project is more than: i. One hundred (100) attached residential units; ii. One hundred thousand (100,000) square feet of gross floor area (nonresidential) in the IL or CO Zones or other zones in the Employment Area (EA) land use designation; iii. Twenty five thousand (25,000) square feet of gross floor area (nonresidential) in the CN, CD, CA, CV, or CO Zones outside the Employment Area (EA) land use designation; iv. Four (4) stories or sixty feet (60') in height; v. Three hundred (300) parking stalls; or vi. Ten (10) acres in size of project area. c. All commercial or industrial projects adjacent to or abutting residentially zoned property, unless the Administrator determines that the presence of critical areas or other limiting factors on the residential property make development unlikely or unfeasible. (Ord. 5676, 12-3-2012; Ord. 5759, 6- 22-2015) E. DECISION CRITERIA: 1. Purpose: These criteria provide general guidance for an applicant in developing a site, but are not intended to discourage creativity and innovation. 2. Level of Detail: AGENDA ITEM #2. a) DRAFT Page 5 a. Master Plans: For master plan applications, the Administrator will evaluate compliance with the review criteria at a level of detail appropriate for master plans. Master plans will be evaluated for general compliance with the criteria and to ensure that nothing in the master plan will preclude development of a site plan in full compliance with the criteria. b. Site Plans: For site plan applications, the Administrator will analyze the plan in detail and evaluate compliance with the specific requirements discussed below. (Ord. 5676, 12-3-2012) 3. Criteria: The Administrator must find a proposed project to be in compliance with the following: (Ord. 5676, 12-3-2012) a. Compliance and Consistency: Conformance with plans, policies, regulations and approvals, including: i. Comprehensive Plan: The Comprehensive Plan, its elements, goals, objectives, and policies, especially those of the applicable land use designation, and any applicable adopted Community Plan; ii. Applicable land use regulations; iii. Relevant Planned Action Ordinance and Development Agreements; and iv. Design Regulations: Intent and guidelines of the design regulations located in RMC 4-3- 100. (Ord. 5759, 6-22-2015) b. Off-Site Impacts: Mitigation of impacts to surrounding properties and uses, including: i. Structures: Restricting overscale structures and overconcentration of development on a particular portion of the site; ii. Circulation: Providing desirable transitions and linkages between uses, streets, walkways and adjacent properties; iii. Utilities, Loading and Storage Areas: Locating, designing and screening storage areas, utilities, rooftop equipment, loading areas, and refuse and recyclables to minimize views from surrounding properties. Locate utilities underground consistent with RMC 4-6-090; iv. Views: Recognizing the public benefit and desirability of maintaining visual accessibility to attractive natural features; AGENDA ITEM #2. a) DRAFT Page 6 v. Landscaping: Using landscaping to provide transitions between development and surrounding properties to reduce noise and glare, maintain privacy, and generally enhance the appearance of the project; and vi. Lighting: Designing and/or placing exterior lighting and glazing in order to avoid excessive brightness or glare to adjacent properties and streets. c. On-Site Impacts: Mitigation of impacts to the site, including: i. Structure Placement: Provisions for privacy and noise reduction by building placement, spacing and orientation; ii. Structure Scale: Consideration of the scale of proposed structures in relation to natural characteristics, views and vistas, site amenities, sunlight, prevailing winds, and pedestrian and vehicle needs; iii. Natural Features: Protection of the natural landscape by retaining existing vegetation and soils, using topography to reduce undue cutting and filling, and limiting and disconnecting impervious surfaces; iv. Reducing Parking Impervious Areas: Design parking areas to minimize impervious surfaces, including but not limited to: (a) breaking up parking areas and directing stormwater flows to multiple low impact development features such as bioretention areas; (b) locating parking near trees to provide storm water uptake; (c) retaining or adding vegetation to parking areas; (d) placing existing parking that exceeds maximum parking ratios in permeable pavement designed consistent with the Surface Water Design Manual in RMC 4-6-030; and (e) using other low impact development techniques consistent with RMC 4-6-030; and v. Landscaping: Use of landscaping to soften the appearance of parking areas, to provide shade and privacy where needed, to define and enhance open spaces, and generally to enhance the appearance of the project. Landscaping also includes the design and protection of planting areas so that they are less susceptible to damage from vehicles or pedestrian movements. Landscaping shall be consistent with RMC 4-4-070. d. Access and Circulation: Safe and efficient access and circulation for all users, including: i. Location and Consolidation: Providing access points on side streets or frontage streets rather than directly onto arterial streets and consolidation of ingress and egress points on the site and, when feasible, with adjacent properties; AGENDA ITEM #2. a) DRAFT Page 7 ii. Internal Circulation: Promoting safety and efficiency of the internal circulation system, including the location, design and dimensions of vehicular and pedestrian access points, drives, parking, turnarounds, walkways, bikeways, and emergency access ways; iii. Loading and Delivery: Separating loading and delivery areas from parking and pedestrian areas; iv. Transit and Bicycles: Providing transit, carpools and bicycle facilities and access; and v. Pedestrians: Providing safe and attractive pedestrian connections between parking areas, buildings, public sidewalks and adjacent properties. e. Open Space: Incorporating open spaces to serve as distinctive project focal points and to provide adequate areas for passive and active recreation by the occupants/users of the site. f. Views and Public Access: When possible, providing view corridors to shorelines and Mt. Rainier, and incorporating public access to shorelines. g. Natural Systems: Arranging project elements to protect existing natural systems where applicable. h. Services and Infrastructure: Making available public services and facilities to accommodate the proposed use. i. Phasing: Including a detailed sequencing plan with development phases and estimated time frames, for phased projects. Each phase must be able to stand on its own without reliance upon development of subsequent phases in order to meet all development standards of this Title. j. Stormwater: Providing optimal locations of stormwater infiltrating low impact development facilities. Avoiding placement of buildings or impervious areas on soils with infiltration capability to the maximum extent practicable. (Ord. 5828, 12-12-2016; Ord. 5953, 11-18-2019) F. APPLICABLE SUBMITTAL AND REVIEW PROCEDURES: 1. General: All applications shall be reviewed in the manner described below and in accordance with chapter 4-8 RMC, Permits – General and Appeals. 2. Preapplication Conference: Applicants are encouraged to consult early and informally with representatives of the Planning Division and other affected departments to discuss proposed master plan and site plan applications. AGENDA ITEM #2. a) DRAFT Page 8 3. Combined Application Authorized: An applicant may submit a master plan, site plan, combined master plan and site plan for the entire site, or a master plan addressing the entire site with site plan(s) for one or more phases of the planned site development. 4. Submittal Requirements and Application Fees: Submittal requirements shall be as listed in RMC 4- 8-120C; application fees shall be as set forth in the fee schedule for the City. 5. Public Notice and Comment Period Required: Whenever a completed master plan or site plan review application is received, the Planning Division shall be responsible for providing public notice of the pending site plan application, pursuant to RMC 4-8-090, Public Notice Requirements. 6. Circulation and Review of Application: Upon receipt of a completed application, the Planning Division shall route the application for review and comment to various City departments and other jurisdictions or agencies with an interest in the application. 7. Environmental Review Committee to Determine Necessity for Public Hearing: Upon receipt of final departmental comments and after the close of the public comment period, the Environmental Review Committee shall determine the necessity for a public hearing pursuant to subsection D2a of this Section. This determination may be appealed to the Hearing Examiner pursuant to RMC 4-8-110E. 8. Administrative Approvals: For projects not requiring a public hearing, the Administrator shall take action on the proposed plan. Approval of a master plan or site plan shall be subject to any mitigation measures that are part of the City’s SEPA determination. The Administrator shall have the authority to place reasonable conditions on or modify a plan in order to satisfy the general purposes of this Section, achieve consistency with the review criteria and compensate for impacts attributable to the proposed development. (Ord. 5676, 12-3-2012) 9. Hearing Process and Examiner Authority: For projects requiring a public hearing, the Hearing Examiner shall take action in accordance with the procedures in RMC 4-8-100, Application and Decision – General, and the following: a. Date of Hearing: The Planning Division shall coordinate with the Hearing Examiner in setting a hearing date for the site development review application. b. Examiner’s Decision: After conducting a public hearing on the master plan or site plan application, the Hearing Examiner shall render a written decision. c. Authority for Conditions and Plan Modifications: The Hearing Examiner shall have the authority to place reasonable conditions on or modify a plan in order to satisfy the general purposes AGENDA ITEM #2. a) DRAFT Page 9 of this Section, achieve consistency with the review criteria and compensate for impacts attributable to the proposed development. d. Hearing Examiner Ability to Leave Public Hearing Open: The Hearing Examiner may leave a public hearing open in order to solicit additional information that demonstrates that an application can be made consistent with the review criteria and general purposes with minor modifications to a master plan or site plan. e. Denial: If the Hearing Examiner finds that a master plan or site plan application cannot be made consistent with the general purposes and review criteria of this Section by requiring reasonable conditions, then the plan shall be denied. G. MERGER WITH BINDING SITE PLAN: The applicant may request that the site plan submitted for site plan review under this Section constitutes a binding site plan pursuant to chapter 58.17 RCW; provided, that the site plan complies with all the requirements, procedures and review criteria of this Section as well as the requirements, standards and recording procedure of RMC 4-7-230. H. MODIFICATIONS TO AN APPROVED MASTER PLAN OR SITE PLAN: 1. Major Modifications: Major modifications to an approved master plan or site plan require a new application. 2. Minor Modifications: Minor modifications may be permitted by administrative determination. To be considered a minor modification, the amendment must not: a. Involve more than a ten percent (10%) increase or decrease in any measureable aspect of the approved plan such as, but not limited to, area, or scale, building height, density, commercial area, amenities, public or private open space, landscaping, parking spaces, building materials (e.g., glazing) etc. of the development in the approved plan; or b. Have a significantly substantially greater impact on the environment and/or public facilities than the approved plan; or c. Change the boundaries of the originally approved plan; or d. Substantially alter a key feature of the approved plan. I. TIMING OF BUILDING PERMITS: AGENDA ITEM #2. a) DRAFT Page 10 No building permit shall be issued for any use until the Administrator has approved, or approved with conditions, required master plan and site plan review application(s). All building permits issued shall be in compliance with the approved site plan. Building permits shall not be issued until the appeal period for an approved site plan has expired. (Ord. 5676, 12-3-2012) J. EXPIRATION AND EXTENSIONS: 1. Non-Phased Plans: a. Master Plans: The Hearing Examiner shall determine, and document in writing, an appropriate expiration date for the master plan, granting up to five (5) years. An applicant shall submit a complete site plan application for the development within the specified time frame if a site plan was not combined with the master plan application. The Administrator may grant a one year extension for good cause. b. Site Plans: The final approval of a Site Plan shall expire within two (2) years of the date of approval. A single two (2) year extension may be granted for good cause by the Administrator. The Administrator may determine at his or her discretion that a public hearing before the Hearing Examiner is required for such extension. 2. Phased Plans: a. Master Plans: The Administrator may grant master plan approval for large projects planned to be developed or redeveloped in phases over a period of years exceeding the five (5) year time limit for non-phased plans. Such approval shall include clearly defined phases and specific time limits for each phase and a determination of eligibility for any extensions of the time limits. b. Site Plans: An applicant may submit a site plan application for either the entire site or a portion of the site covered by a master plan, provided the application complies with phasing and timing requirements of the master plan approval. In every case, the site plan application and review shall cover at least that portion of the site which is directly related to the proposed development as well as any areas that may be impacted by the development. (Ord. 5675, 12-3-2012) K. APPEALS: Any decision on a master plan or site plan application shall be subject to appeal, pursuant to RMC 4-8- 110, Appeals. (Ord. 5641, 12-12-2011) 4-11-060 DEFINITIONS F: AGENDA ITEM #2. a) DRAFT Page 11 FEATURE, KEY: A distinctive element of a site, development, or building that provides a defining characteristic, style, or functionality of a development, such as prominent architectural elements, environmental amenities (e.g., creek crossing, retained tree stands), or prominent design features (e.g., promenades or site entries). AGENDA ITEM #2. a) DRAFT Page 1 DRAFT CODE LANGUAGE AS OF JUNE 16, 2020 [STAFF-PROPOSED CODE CHANGES SHOWN IN STRIKETHROUGH/UNDERLINE.] 4-1-210 WAIVED FEES: A. GENERAL: The Renton City Council may in its discretion approve, partially approve, or deny a request to waive any and all fees as authorized under this Chapter of Title 4. (Ord. 5153, 9-26-2005) B. AFFORDABLE OWNER-OCCUPIED HOUSING INCENTIVE: 1. Purpose: To encourage the development of new affordable owner-occupied housing in the City by waiving certain development and mitigation fees for eligible affordable “For Sale” housing projects, subject to City Council approval. 2. Definitions: In construing the provisions of this subsection B, the following definitions shall be applied: a. “Administrator” means the Department of Community and Economic Development Administrator, or any other City office, department or agency that shall succeed to its functions with respect to this subsection B. b. “Affordable housing” means, for the purposes of housing intended for owner-occupancy, residential housing that is within the means of, set aside for, and purchased by moderate-income households. reserved for occupancy as a primary residence by eligible households whose mortgage payment is no more than thirty percent (30%) of household income and whose total housing expenses are no more than forty percent (40%) of household income. Housing expenses for ownership housing include mortgage and mortgage insurance, property taxes, property insurance, and homeowners’ dues. c. “Household” means a single person, family, or unrelated persons living together. d. “Median income” means the median household income adjusted for household size for King County, as reported by the United States Department of Housing and Urban Development (HUD). In the event that HUD no longer publishes median income figures for King County, the City may use or determine such other method as it may choose to determine the King County median income, adjusted for household size. AGENDA ITEM #2. b) DRAFT Page 2 e. “Moderate-income household” means a single person, family, or unrelated persons living together whose adjusted income is at or below either eighty percent (80%) or one hundred and twenty percent (120%) of the median income, as implied by context. 3. Eligibility Criteria: Upon application, the City Council may grant, partially grant, or deny a request to waive no more than eighty percent (80%) of applicable impact fees and up to one hundred percent (100%) of all other applicable fees. The decision to grant, partially grant, or deny an waiverexemption from applicable fees shall be based on the public benefit of the specific project, the impacts of the project on public facilities and services, and the consistency of the project with adopted City plans and policies relating to affordable housing. To qualify for waived fees, projects shall consist entirely of new construction with all of the housing units platted or condominium “For Sale” housing, and meet the following criteria: a. The project shall include a minimum of ten (10) units; and b. The project shall designate and sell at least fifty percent (50%) of total housing units as affordable housing for households at or below eighty percent (80%) of median income, and designate and sell any remaining housing units as affordable housing for households at or below one hundred twenty percent (120%) of median income; and c. Affordable housing units for households with income at or below eighty percent (80%) of median income shall remain as affordable housing in perpetuity through a community land trust or other similar model acceptable to the City; and d. The applicant/owner shall demonstrate their experience and/or ability to provide affordable housing and identify a third-party entity who will document compliance with the affordable housing requirements for the annual reports described in subsection B9 of this Section. 4. Applicable Fees: For each site, a maximum of eighty percent (80%) of applicable impact fees and up to one hundred percent (100%) of all other applicable fees for up to one hundred (100) dwelling units may be waived, provided that five (5) of every ten (10) eligible units beyond one hundred (100) may be eligible for fee waivers for the same percentages of applicable fees stated above. a. Fees which may be waived are: i. Building permit fees; ii. Building permit plan review fees; AGENDA ITEM #2. b) DRAFT Page 3 iii. Water, surface water, and wastewater system development charges; iv. Public Works plan review and inspection fees; v. Transportation and parks impact mitigation fees; vi. Fire impact mitigation fees, to the extent such waiver is authorized by interlocal agreement with the Renton Regional Fire Authority; vii. Civil plan review and inspection fees; and viiii. Technology surcharge fees. b. Fees which may not be waived are all fees not listed in subsection B4a of this Section, including: i. Fire plan review and permit fees. 5. Application and Approval Process: To apply for waived fees under this subsection B, the applicant/owner shall apply by sending a written letter describing the project by, at a minimum, addressing the eligibility criteria and requesting the fee waiver to the Administrator at the time of the land use application, unless otherwise approved by the AdministratorCity Council. Additional information may be required by City Council. Approved or partially approved fee waivers shall be granted by resolution. 6. Restrictive Covenant: If the City Council waives fees under this subsection B, all real property subject to the waiver shall be encumbered by a restrictive covenant requiring that the real property be platted or restricted to condominium housing, that the housing units designated as affordable housing for households at or below eighty percent (80%) of median income shall be maintained and sold as affordable housing to households at or below eighty percent (80%) of median income in perpetuity except that the property may be converted to a use other than for low-income housing if the property owner pays the waived applicable fees in effect at the time of conversion, and that the housing units designated as affordable housing for households at or below one hundred twenty percent (120%) of median income shall be initially sold as affordable housing to households at or below one hundred twenty percent (120%) of median income. After review and approval of the fee waiver by the City Council and review and approval of the restrictive covenant by the Administrator, the restrictive covenant shall be executed and recorded at the applicant/owner’s expense prior to the issuance of any building permit for the project, unless otherwise approved by City Council. If the applicant/owner fails to timely execute and record the covenant, the fee waiver shall be revoked and the applicant/owner shall AGENDA ITEM #2. b) DRAFT Page 4 pay all applicable waived fees plus interest accrued at the statutory rate from the date of the City Council’s fee waiver. 7. Contract: If the City Council waives fees for a project, the applicant/owner shall enter into a contract with the City, approved by the City Council, regarding the terms and conditions of the project under this subsection B. The contract shall be executed and recorded against the subject real property at the applicant/owner’s expense before the project is entitled to issuance of a Certificate of Occupancy. If the applicant/owner fails to timely execute and record the contract, the fee waiver shall be revoked and the applicant/owner shall pay all applicable fees plus interest accrued at the statutory rate from the date of the City Council’s fee waiver. 8. Cancellation: If the applicant/owner or project fails to meet any requirement of this subsection B after the City Council waives fees, the fee waiver shall be revoked and the applicant/owner shall pay all applicable fees plus interest accrued at the statutory rate from the date of the City Council’s fee waiver. 9. Annual Certification and Report: Within thirty (30) days after the first anniversary of issuance of the project’s Certificate of Occupancy and each year thereafter for thirty (30) 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: a. A certification that the project has been in compliance with the affordable housing requirements as described in subsections B3b and c 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 contract with the City and the requirements of this subsection B; b. A breakdown of the number and specific housing units sold during the twelve (12) months ending with the anniversary date, as applicable, to meet the affordable housing requirements in subsections B3b and c of this Section; c. The total sale amount of each affordable housing unit for households at or below eighty percent (80%) and/or one hundred twenty percent (120%) of median income sold during the twelve (12) months ending with the anniversary date, as applicable; d. The income of each purchaser (at the time of purchase) of an affordable housing unit for households at or below eighty percent (80%) and/or one hundred twenty percent (120%) of median income during the twelve (12) months ending with the anniversary date, as applicable; and AGENDA ITEM #2. b) DRAFT Page 5 e. Documentation that a third-party entity has monitored the project’s compliance with the affordable housing requirements in subsections B3b and c of this Section, as applicable. 10. Sunset: The City will accept applications for waived fees under this subsection B until close of business on December 31, 2021, unless extended by City Council action. (Ord. 4913, 8-27-2001; Amd. Ord. 5095, 9-13-2004; Ord. 5153, 9-26-2005; Ord. 5309, 10-8-2007; Ord. 5524, 2-1-2010; Ord. 5668, 8- 20-2012; Ord. 5676, 12-3-2012; Ord. 5760, 6-22-2015; Ord. 5782, 12-7-2015) C. AFFORDABLE RENTAL HOUSING INCENTIVE: 1. Purpose: To encourage development of new affordable rental housing in the City by waiving certain development and mitigation fees for eligible affordable rental housing projects, subject to City Council approval. 2. Definitions: In construing the provisions of this subsection C, the following definitions shall be applied: a. “Administrator” means the Department of Community and Economic Development Administrator, or any other City office, department or agency that shall succeed to its functions with respect to this subsection C. b. “Affordable housing” means residential housing that is reserved for occupancy as a primary residence by eligible rented by a low-income households whose monthly housing costs, including rent and utilities other than telephone, do not exceed thirty percent (30%) of the household’s monthly income. However, if the housing project is funded with federal low-income housing tax credits (LIHTC) as provided for in Section 42 of the Internal Revenue Code, a unit will be considered affordable housing if it is rented at or below the rental rate for a household at sixty percent (60%) of the King County median income under the LIHTC program rules with a deduction for utility costs, if applicable. The King County LIHTC rents are published annually by the Washington State Housing Finance Commission and are based on unit size assuming occupancy of one person for a studio unit and one and one-half (1.5) persons per bedroom. c. “Household” means a single person, family, or unrelated persons living together. d. “Low-income household” means a single person, family, or unrelated persons living together whose adjusted income is at or below sixty percent (60%) of the median income. e. “Median income” means the median household income adjusted for household size for King County, as reported by the United States Department of Housing and Urban Development (HUD). AGENDA ITEM #2. b) DRAFT Page 6 In the event that HUD no longer publishes median income figures for King County, the City may use or determine such other method as it may choose to determine the King County median income, adjusted for household size. f. “Rental housing” means housing that provides rental accommodation on a nontransient basis. This definition includes rental accommodation that is leased for a period of at least one month but excludes, for example, hotels and motels that predominantly offer rental accommodation on a daily or weekly basis. 3. Eligibility Criteria: Upon application, the City Council may grant, partially grant, or deny a request to waive no more than eighty percent (80%) of applicable impact fees, and up to one hundred percent (100%) of all other applicable fees. The decision to grant, partially grant, or deny an exemption from applicable fees shall be based on the public benefit of the specific project, the impacts of the project on public facilities and services, and the consistency of the project with adopted City plans and policies relating to affordable housing. To qualify for waived fees, projects shall consist entirely of new construction and meet the following criteria: a. The project shall include a minimum of eight (8) units if in the Residential-1 (R-1), Residential-4 (R-4), Residential-6 (R-6), Residential-8 (R-8), Residential-10 (R-10), Residential-14 (R-14), or Residential Multi-Family (RMF) Zones; or the project shall include a minimum of thirty (30) units if in the Center Neighborhood (CN), Commercial Arterial (CA), Center Village (CV), Center Downtown (CD), or Commercial Office (CO) Zone; b. The project shall designate and rent one hundred percent (100%) of the housing units, or the greatest number of affordable dwelling units allowed by the CV zone, as affordable housing for households at or below sixty percent (60%) of median income; c. For projects funded by the federal low-income housing tax credit program (LIHTC), income averaging is permitted provided all units, or the greatest number of affordable dwelling units allowed by the CV zone, are affordable housing for households with income at or below eighty percent (80%) of median income, and the average rent for all housing units does not exceed the rate affordable for households with income at or below sixty percent (60%) of median income; d. Affordable housing units for households with income at or below sixty percent (60%) of median income shall remain as affordable housing for a minimum of fifty (50) years or for the life of the project, whichever is lessfor a minimum of thirty (30) years; and AGENDA ITEM #2. b) DRAFT Page 7 e. The applicant/owner shall demonstrate experience and/or ability to provide affordable housing and identify a third-party entity who will document compliance with the affordable housing requirements for the annual reports described in subsection C9 of this Section. 4. Fees: For each site, a maximum of eighty percent (80%) of applicable impact fees and up to one hundred percent (100%) of all other applicable fees for up to one hundred (100) dwelling units may be waived, provided that five (5) of every ten (10) eligible units beyond one hundred (100) may be eligible for fee waivers for the same percentages of applicable fees stated above. a. Fees which may be waived are: i. Building permit fees; ii. Building permit plan review fees; iii. Water, surface water, and wastewater system development charges; iv. Public Works plan review and inspection fees; v. Transportation and parks impact mitigation fees; vi. Fire impact mitigation fees, to the extent such waiver is authorized by interlocal agreement with the Renton Regional Fire Authority; vii. Civil plan review and inspection fees; and viii. Technology surcharge fees. b. Fees which may not be waived are all fees not listed in subsection C4a of this Section, including: i. Fire plan review and permit fees. 5. Application and Approval Process: To apply for the waived fees under this subsection C, the applicant/owner shall apply by sending a written letter describing the project by, at a minimum, addressing the eligibility criteria and requesting the fee waiver to the Administrator at the time of the land use application, unless otherwise approved by the AdministratorCity Council. Additional information may be required by City Council. Approved or partially approved fee waivers shall be granted by resolution. AGENDA ITEM #2. b) DRAFT Page 8 6. Restrictive Covenant: If the City Council waives fees under this subsection C, all real property subject to the waiver shall be encumbered by a restrictive covenant requiring that the real property shall be maintained and rented as affordable housing as described in subsections C3b, c and d of this Section except that the property may be converted to a use other than for low-income housing if the property owner pays the waived applicable fees in effect at the time of conversion. After review and approval of the fee waiver by the City Council and the review and approval of the restrictive covenant by the Administrator, the restrictive covenant shall be executed and recorded at the applicant/owner’s expense prior to the issuance of any building permit for the project, unless otherwise approved by City Council. If the applicant/owner fails to timely execute and record the covenant, the fee waiver shall be revoked and the applicant/owner shall pay all applicable waived fees plus interest accrued at the statutory rate from the date of the City Council’s fee waiver. 7. Contract: If the City Council waives fees for a project, the applicant/owner shall enter into a contract with the City, approved by the City Council, regarding the terms and conditions of the project under this subsection C. The contract shall be executed and recorded against the subject real property at the applicant/owner’s expense before the issuance of the Certificate of Occupancy. If the applicant/owner fails to timely execute and record the contract, the fee waiver shall be revoked and the applicant/owner shall pay all applicable fees plus interest accrued at the statutory rate from the date of the City Council’s fee waiver. 8. Cancellation or Modification: If the applicant/owner or project fails to meet any requirements of this subsection C after the City Council waives fees, the fee waiver shall be revoked and the applicant/owner shall pay all applicable fees with interest accrued at the statutory rate from the date of the City Council’s fee waiver. After the City Council waives fees, the project may not be modified to owner-occupied “For Sale” housing without the advance approval of the City Council. 9. Annual Certification and Report: Within thirty (30) days after the first anniversary of issuance of the project’s Certificate of Occupancy and each year thereafter for thirty (30) 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: a. A certification that the property has been in compliance with the affordable housing requirements in subsections C3b, c, and d of this Section, as applicable, since the date the City issued the Certificate of Occupancy and that the project continues to be in compliance with the contract with the City and the requirements of this subsection C; AGENDA ITEM #2. b) DRAFT Page 9 b. A statement of occupancy and vacancy of the dwelling units during the twelve (12) months ending with the anniversary date; c. A breakdown of the number and specific housing units rented during the twelve (12) months ending with the anniversary date; d. The total monthly rent of each housing unit rented during the twelve (12) months ending with the anniversary date; e. The income of each renter household at the time of initial occupancy during the twelve (12) months ending with the anniversary date; and f. Documentation that a third-party entity has monitored the project’s compliance with the affordable housing requirements in subsections C3b, c, and d of this Section, as applicable. 10. Sunset: The City will accept applications for waived fees under this subsection C until close of business on December 31, 2021, unless extended by City Council action. (Ord. 5617, 8-1-2011; Ord. 5668, 8-20-2012; Ord. 5676, 12-3-2012; Ord. 5750, 1-26-2015; Ord. 5760, 6-22-2015; Ord. 5782, 12-7- 2015; Ord. 5912, 12-10-2018) AGENDA ITEM #2. b) DRAFT CODE LANGUAGE AS OF JUNE 19, 2020 [STAFF-PROPOSED CODE CHANGES SHOWN IN STRIKETHROUGH/UNDERLINE.] 4-2-080 CONDITIONS ASSOCIATED WITH ZONING USE TABLES: A. SUBJECT TO THE FOLLOWING CONDITIONS: 6. Specified residential use(s) are not allowed within one thousand feet (1,000') of the centerline of Renton Municipal Airport runway. Attached dwellings are not permitted in the CA or CN Zone within the Benson, Cedar River, Talbot, or Valley Community Planning Areas. Where not prohibited, attached dwelling units are permitted subject to the following conditions and standards in addition to RMC 4-4-150, Residential Mixed-Use Development Standards: a. Standalone Residential – Where Allowed: Standalone residential buildings are permitted: i. In the CD Zone outside of the Downtown Business District, provided residential amenity space and/or lobby space is provided on the ground floor along the street frontage; ii. In the CV Zone where not abutting NE Sunset Blvd. east of Harrington Avenue NE; iii. In the CA Zone where abutting a residential zone if at least one vertical mixed building is constructed along the street frontage(s) with a minimum of two (2) residential stories above commercial, the standalone residential building(s) are sited closest to the abutting residential zone and, if townhouses, limited to three (3) stories; iv. In the UC Zone along streets not designated as pedestrian-oriented streets through the Master Site Plan process; and v. In the COR Zone as determined through the Master Site Plan process. Where standalone residential buildings are not allowed, dwelling units shall be integrated into a vertically mixed use building with ground floor commercial. b. Commercial Uses: Commercial uses in residential mixed-use developments are limited to retail sales, on-site services, eating and drinking establishments, taverns, daycares, preschools, indoor recreational facilities, pet daycares, craft distilleries/small wineries/micro-breweries with AGENDA ITEM #2. c) tasting rooms, general offices not located on the ground floor, and similar uses as determined by the Administrator. Uses normal and incidental to a building including, but not limited to, interior entrance areas, elevators, waiting/lobby areas, mechanical rooms, mail areas, garbage/recycling/compost storage areas, vehicle parking areas, and areas/facilities for the exclusive use of the residents are not considered commercial uses. c. Timing of Development: A building permit shall not be issued for any standalone residential building(s) prior to the issuance of a building permit for any required standalone commercial or vertically mixed use building(s) and no certificate of occupancy shall be issued for any standalone residential building(s) prior to the issuance of a certificate of occupancy for any required standalone commercial or vertically mixed use building(s). (Ord. 5899, 11-19-2018) d. Mixed-Income Housing: Upon any site and its abutting lots in the CV zone there shall be no more than: i. one hundred (100) dwelling units for rent/lease with income restrictions, provided that an additional ten (10) such units may be created for every twenty (20) market-rate dwelling units (i.e., if twenty (20) market-rate units are created, ten (10) more income-restricted units may be created); or ii. two hundred (200) dwelling units for sale with income restrictions, provided that an additional ten (10) such units may be created for every twenty (20) market-rate dwelling units; or iii. Any combination of one hundred fifty (150) or more dwelling units for rent/lease or fee- simple ownership with income restrictions, provided that an additional ten (10) such units may be created for every twenty (20) market-rate dwelling units. iv. Market-rate units shall not have substantially less floor area, number of bedrooms or bathrooms as compared to the varying sizes and number of bedrooms and bathrooms for income-restricted units (i.e., inasmuch as the floor area or number of bedrooms and bathrooms varies among income-restricted units, market-rate units shall have a similar mix of unit floor area and number of bedrooms and bathrooms). v. For the purposes of these standards the terms “market-rate” and “income restricted” dwelling units shall have the following meanings: A. Market-rate Units: Dwelling units for which renters or homeowners do not have income eligibility restrictions and the rent or sale price is not artificially restricted in any manner. AGENDA ITEM #2. c) A.B. Income-restricted Units: Dwelling units that are only eligible for households or individuals earning no more than a certain income level, or for which the rent or sale price is restricted by any legal instrument. AGENDA ITEM #2. c) Page 1 of 5 CITY OF RENTON Community and Economic Development Department #D-174: Mixed-Income Housing in the CV Zone Staff: Paul Hintz, Senior Planner Date: June 17, 2020 Applicant or Requestor: Staff SUPPLEMENTAL: Staff proposes an additional standard, shown in italic font below, related to requiring that any site or adjoining lots in the CV zone be limited to:  100 dwelling units for rent/lease with income restrictions, provided that an additional 10 such units may be created for every 20 market-rate dwelling units (i.e., if 20 market-rate units are created, 10 more income-restricted units may be created); or  200 dwelling units for fee-simple dwelling units (for-sale housing) with income restrictions provided that an additional 10 such units may be created for every 20 market-rate dwelling units; or  Any combination of 150 or more dwelling units for rent/lease or fee-simple ownership with income restrictions, provided that an additional 10 such units may be created for every 20 market-rate dwelling units. GENERAL DESCRIPTION For more than a decade, the City of Renton has been coordinating strategic and significant public and philanthropic investments in the Sunset Area, which is located in the Renton Highlands. The goal of these investments is to improve the area’s livability and attract high-quality private development by demonstrating a commitment to improving or creating amenities, services, infrastructure, and a mix of affordable and market-rate housing for existing and future residents. New sizeable residential projects, deemed more than 100 dwellings, have the potential to make contributions that are more meaningful to this goal if they also embody the City’s strategy of providing mixed-income housing. Staff propose to amend development regulations for the Center Village (CV) zone, which is located solely within the Sunset Area, in order to require some market-rate housing for development wherein more than 100 income-restricted rental units or more than 200 income-restricted ownership units will be built. BACKGROUND The Sunset Area (orange-shaded area shown on the right) is a 269-acre neighborhood with over 3,500 residents, located in the City of Renton. The area is home to the former 100-unit Sunset Terrace distressed AGENDA ITEM #2. c) #D-174 Page 2 of 5 June 17, 2020 public housing project and hundreds of duplexes that were built for World War II defense workers. In the Sunset Area, 43% of households are more than two times below the poverty rate (compared to all of Renton at 25%), and the household median income is 23% lower than the whole of the City. The area also has twice the City’s average for violent crime and domestic violence. The Sunset Area of the Highlands has been a focus of the City since 2000 and has been a special planning and revitalization area for more than ten years. In 2005, the City hired a consultant to analyze the economics of revitalization of the Highlands neighborhood. The recommendations suggested that commercial improvements would not be viable without improvements in the surrounding neighborhood. Over the next three years, the City convened two community Task Forces, one on zoning and land use and one on neighborhood issues, which led to zoning and land use changes adopted in 2007 to increase density and investment opportunities in Sunset. In 2010-2011, the Sunset Area Community Revitalization program was created with a number of planned public infrastructure and facility improvements to catalyze private property development and create opportunities for new market-rate housing, affordable housing, and retail investment. In 2014, the City and Renton Housing Authority completed a Renton Community Needs Assessment with a special addendum focused on the Sunset Area. The City and Renton Housing Authority were joined by Neighborhood House and other community partners to use the Sunset Area Community Needs Assessment as the framework for planning additional neighborhood improvements and supportive services to better respond to resident and business needs in the Sunset Area. Building on previous work, the Sunset Area Transformation Plan was developed using the U.S. Department of Housing and Urban Development (HUD) Choice Neighborhoods Implementation (CNI) model whereby a struggling neighborhood with a distressed public housing project is transformed through comprehensive strategies designed to address housing, people, and neighborhood needs. Since the late 90’s, HUD has provided support for public housing authorities to de-concentrate traditional public housing in favor of the development of mixed-income housing. The term, mixed-income housing, refers to developments that include below-market-price housing units that are affordable to very low- and low-income households along with housing that is market-priced. At a larger geographic scale, mixed-income communities or neighborhoods are distinct geographic areas where there is housing affordable to people with a range of incomes. The goals of mixed-income housing strategies are to reduce poverty among low-income families, facilitate income and racial integration and contribute to urban revitalization. Fostering the development of communities that include housing affordable to households all along the income spectrum is important for promoting economic and racial integration across the region and expanding opportunities for low-income individuals and families.1 In many areas of the United States, housing for the poor is stereotyped and is defined by hypersegregation and concentration of poverty. Mixed-income housing is one solution to combat concentrated poverty. Economic benefits are the clearest successes of mixed- income housing. Mixed-income housing attracts higher income families, spurring a AGENDA ITEM #2. c) #D-174 Page 3 of 5 June 17, 2020 deconcentration of poverty, particularly in larger areas. Communities that have mixed- income housing also tend to be more economically stable than communities that focus solely on low-income housing. Benefits of mixed-income housing have been found across all income levels. Lower-income residents in particular report benefits in mental health, employment, and educational opportunities in some cases.2 Low-income families have realized benefits from living in mixed-income developments and income-diverse neighborhoods. Benefits are associated with improvements in place rather than interactions with people. Documented benefits for low-income families from living in mixed-income developments and income-diverse areas include those related to place, such as improved housing quality, increased safety, and improved property management, and improved mental health from a reduction in stress.3 1 The Promise—and Realities?—of Mixed-Income Communities. Housing Association of Nonprofit Developers (HAND) April 1, 2016 By Lisa Sturtevant, PhD. Sourced, from https://www.handhousing.org/the-promise-and-realities-of-mixed-income-communities/ 2The Institute for Public Policy & Economic Development (2017). Mixed-Income Housing. Sourced, from http://www.nepahousing.org/wp- content/uploads/2017/07/Mixed-Income-Toolkit_The-Institute.pdf 3Urban Institute Research Report: Effects from Living in Mixed-Income Communities for Low-Income Families, A Review of the Literature. Diane K. Levy Zachary J. McDade Kassie Dumlao Bertumen. January 28, 2011. Sourced from, https://www.urban.org/research/publication/effects-living- mixed-income-communities-low-income-families/view/full_report In 2015 and 2016, Renton and partners applied to HUD for a $25 million to $30 million CNI grant for implementation of the Sunset Area Transformation Plan. The CNI funds would have helped provide more affordable and market-rate housing, improve existing housing quality, create neighborhood improvements, and provide wrap-around community services. Although the Sunset Area Transformation Plan was selected as a finalist in 2015, the plan did not receive CNI funding in the national competition in either 2015 or 2016. Rather than give up, the principal partners agreed to work with the other community and regional partners to continue with the implementation of the plan over time as resources and funding became available. Many of the key project of the plan have been completed or are underway, including the new Renton Highlands Library, the new Sunset Neighborhood Park, the realignment of Sunset Lane, the Sunset Terrace Regional Stormwater Facility, and stormwater improvements through streetscape green connections. The City of Renton and its partners have invested a substantial amount of funds to improve the area’s livability and entice high-quality private development by demonstrating a commitment to improving or creating amenities, services, infrastructure, and a mix of affordable and market-rate housing for existing and future residents. The City of Renton alone has invested approximately $40,000,000 into the Sunset Area since 2012. The Sunset Area Transformation Plan’s Housing Strategy began with a vision of transforming the Sunset neighborhood by replacing the former distressed 100-unit Sunset Terrace public housing project with high-quality mixed-income units. So far, three replacement housing projects have been completed: Glenwood Townhomes, Kirkland Townhomes, and the Sunset Court Apartments; additional housing projects are planned around the Sunset Terrace site to include a combination of new and rehabilitated low-income and market-rate units. The Renton Housing Authority has successfully concentrated efforts in AGENDA ITEM #2. c) #D-174 Page 4 of 5 June 17, 2020 the Sunset Area and currently has 358 housing units reserved for households earning 80% or less of the area median income, another 72 being developed, and the potential for up to 300 more. STAFF RECOMMENDATION The Comprehensive Plan describes the CV zone’s policy, in part, as “intended to revitalize an area, creating a vibrant urban center,” and Renton Municipal Code (RMC) describes its purpose as the promotion of commercial and retail development opportunities for residents to shop locally, and allow complementary high-density residential development. The CV zone is the only commercial zone within the Sunset Area and presents the greatest opportunities to provide housing that will further the vision of the area as being a revitalized vibrant shopping and services neighborhood for the local population by serving a wide range of incomes and lifestyles. Mixed-income housing is not only necessary to fulfill the CV zone’s policy intent and purpose, it is also a key strategy of the Sunset Area Transformation Plan to meeting the City’s goal of improving the area’s livability and attracting the same quality of development seen elsewhere in the City. Therefore, staff recommends amending RMC to require that any site or adjoining lots in the CV zone be limited to:  100 dwelling units for rent/lease with income restrictions, provided that an additional 10 such units may be created for every 20 market-rate dwelling units (i.e., if 20 market-rate units are created, 10 more income-restricted units may be created); or  200 dwelling units for fee-simple dwelling units (for-sale housing) with income restrictions provided that an additional 10 such units may be created for every 20 market-rate dwelling units; or  Any combination of 150 or more dwelling units for rent/lease or fee-simple ownership with income restrictions, provided that an additional 10 such units may be created for every 20 market-rate dwelling units. Furthermore, staff recommends requiring there not be substantially less floor area, number of bedrooms or bathrooms of market-rate units as compared to the varying sizes and number of bedrooms and bathrooms for income-restricted units. IMPACT ANALYSIS Effect on rate of growth, development, and conversion of land as envisioned in the Plan There are no significant effects anticipated. Effect on the City’s capacity to provide adequate public facilities There are no significant effects anticipated. Effect on the rate of population and employment growth There are no significant effects anticipated. Whether Plan objectives are being met as specified or remain valid and desirable Plan objectives remain valid and desirable. Effect on general land values or housing costs There are no significant effects anticipated. Whether capital improvements or expenditures are being made or completed as expected AGENDA ITEM #2. c) #D-174 Page 5 of 5 June 17, 2020 Capital improvements or expenditures are being made or completed as expected. Consistency with GMA and Countywide Planning Policies Proposed amendments have no bearing on the GMA and Countywide Planning Policies. Effect on critical areas and natural resource lands There are no anticipated effects. AGENDA ITEM #2. c) AB - 2674 City Council Regular Meeting - 06 Jul 2020 SUBJECT/TITLE: 2020 Flood Insurance Rate Maps (FIRM) Adoption and Revisions to Title IV RECOMMENDED ACTION: Refer to Planning Commission and Planning & Development Committee DEPARTMENT: Community & Economic Development Department STAFF CONTACT: Jennifer Henning, Planning Director EXT.: 7286 FISCAL IMPACT SUMMARY: N/A SUMMARY OF ACTION: Communities participating in the National Flood Insurance Program (NFIP) are required to implement floodplain management measures consistent with the new countywide Flood Insurance Study (FIS) and Flood Insurance Rate Maps (FIRM) that will become effective on August 19, 2020. Legally enforceable floodplain management measures are to be adopted in accordance with Title 44 of Federal Regulations Section 60.3 (d). As such, Renton Municipal Code requires amendments to Title IV, Chapter 3, Critical Areas Regulations, and Chapter 11, Definitions, in order to incorporate additional requirements of the federal regulations. EXHIBITS: A. Issue Paper STAFF RECOMMENDATION: Refer to the Planning & Development Committee and Planning Commission for review. Following this review, the Planning Commission will present code revision recommendations to Council. AGENDA ITEM #3. a) DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT M E M O R A N D U M DATE:June 29, 2020 TO:Ruth Perez, Council President Members of Renton City Council VIA:Armondo Pavone, Mayor FROM:Cliff Long, Acting CED Administrator STAFF CONTACT:Jennifer Henning, Planning Director SUBJECT:New Countywide Flood Insurance Study (FIS) and Flood Insurance Rate Maps (FIRM) and Revisions to Title IV Implementing the Maps ISSUE: Should Council approve an ordinance to adopt new countywide Flood Insurance Study (FIS) and Flood Insurance Rate Maps (FIRMS) that will become effective for all communities in King County on August 19, 2020? In addition, should the Council adopt revisions to Renton Municipal Code (RMC) Title IV, Chapter 3, Critical Areas Regulations, and Chapter 11, Definitions, in order to implement the map revisions? RECOMMENDATION: Refer the FIS and FIRM Revisions to the Planning and Development Committee and Planning Commission for review. Following this review, the Planning Commission will present code revision recommendations to Council. BACKGROUND SUMMARY: Communities participating in the National Flood Insurance Program (NFIP) are required to implement floodplain management measures consistent with the new countywide Flood Insurance Study (FIS) and Flood Insurance Rate Maps (FIRM) that will become effective on August 19, 2020. Legally enforceable floodplain management measures are to be adopted in accordance with Title 44 of Federal Regulations Section 60.3 (d). As such, Renton Municipal Code requires amendments to Title IV, Chapter 3, Critical Areas Regulations, and Chapter 11, Definitions, in order to incorporate additional requirements of the federal regulations. The Renton Municipal Code requires some updates and revisions, as shown below, to be fully compliant with the federal regulations. AGENDA ITEM #3. a) Ruth Perez, Council President Page 2 of 3 June 29, 2020 OUTLINE OF REVISIONS CONTAINED IN THE ORDINANCE: 1. Basis for Established the Areas of Special Flood Hazard – Include reference to the special flood hazard areas identified by the Flood Insurance Study (FIS) for King County, Washington and Incorporated Areas. 2. Compliance Language – Note that all development within special flood hazard areas is subject to the ordinance. 3. Penalties for Non-Compliance – Include penalties for violation of the ordinance. 4. Abrogation and Greater Restrictions – Note that in the case of a code conflict, the more stringent restrictions prevail. 5. Severability – Note that if the validity of a portion of the ordinance is found to be unconstitutional or invalid, it shall not affect the validity of the ordinance as a whole. 6. Designation of the Floodplain Administrator – Designate the CED Administrator or designee as responsible to administer and implement the provisions of the ordinance. 7. Information to be Obtained and Maintained – Require collection and maintenance of records for as-built elevations, certification for floodway encroachments, records of variance actions, improvement and damage calculations, and public inspection records. 8. Notification to Other Entities – Require notice of adjacent communities and WA Department of Ecology (DOE) when watercourses are altered or relocated. 9. Review of Building Permits – Review applications to assure that proposed construction is reasonably safe from flooding. 10. Changes to Special Flood Hazard Area – Require engineering documentation and analysis when a project will alter the Base Flood Elevation (BFE) or boundaries of the Special Flood Hazard Area (SFHA). 11. Additions to RMC 4-3-050D.3: with regarding to Flood Hazard Areas – Require direction regarding flood proofing certification; information regarding alteration of a watercourse; design certification in certain flood zones; engineering analysis regarding rise of Base Flood Elevation; and any other reasonably required information. 12. Addition of code language regarding AO zones (shallow flood areas) – Add provisions for areas where clearly defined channels do not exist, or the path of flooding is unpredictable and velocity flow may be evident. 13. Reorganization of Section 4-3-050G-4.d.i and ii regarding Residential and Non- Residential Construction – Provide specific guidance for residential and non- residential construction in flood zones, including allowing engineers or architects to design and certify engineered openings. 14. Addition or Update of Definitions to Title IV, Chapter 11 – Additions: Alteration of watercourse; Area of shall flooding; Area of special flood hazard; Base Flood Elevation (BFE); Floodplain or flood-prone area; Floodplain administrator; Flood proofing; Highest adjacent grade; Historic structure; Mean sea level; New AGENDA ITEM #3. a) Ruth Perez, Council President Page 3 of 3 June 29, 2020 construction; Recreational vehicle; Structure. Updates Needed: Flood or Flooding; Flood Insurance Rate Map (FIRM); Floodway (update needed); Substantial Improvement. This ordinance would be effective and compliant with federal regulations, five (5) days after publication. cc: Martin Pastucha, Public Works Administrator Cliff Long, Economic Development Director Jennifer Henning, Planning Director Ron Straka, Utility Systems Director Vanessa Dolbee, Current Planning Manager Angie Mathias, Long Range Planning Manager Joe Farah, Stormwater Utility Manager Brianne Bannwarth, Development Engineering Manager Angelea Weihs, Associate Planner AGENDA ITEM #3. a) h:\ced\edn\housing\2020\hb 1923 - housing action plan\city housing action plan\meetings\pc_6.17\6.17_ planningcommission_hap staff report.docx CITY OF RENTON Community and Economic Development Department Housing Action Plan Staff: Hannah Bahnmiller, Housing Programs Manager Contact: hbahnmiller@rentonwa.gov Date: June 25, 2020 GENERAL DESCRIPTION The City of Renton received a grant for $100,000 from the Washington State Department of Commerce to create a Housing Action Plan. The Housing Action Plan’s scope includes two components. One is a Sub-Regional Framework – a coordination effort between major South King County cities (Auburn, Burien, Federal Way, Kent, Renton, and Tukwila) to develop data, strategies, and an online policy tool to support each jurisdiction’s Housing Action Plans. The second component is a Renton-specific Housing Action Plan. The Housing Action Plan will look at Renton’s current and future community needs, evaluate existing policies, and recommend new strategies and tools to better meet continuing housing needs. The Sub-Regional Framework incorporates feedback from focus groups with South King County non- profit and for-profit developers and community-based organizations. Renton’s Housing Action Plan will be steered by an Advisory Committee of housing and community stakeholders. Additional public input will be gathered through targeted engagement and online opportunities for the general public. GRANT BACKGROUND In 2019, Washington State Legislature passed Engrossed Second Substitute House Bill (E2SHB) 1923 encouraging all cities planning under the Growth Management Act (GMA) to adopt actions to increase residential building capacity. Five million dollars in grant assistance was provided to encourage local cities’ participation in implementing this Act. Under this legislation, cities that elect to develop a housing action plan or adopt at least two of the activities in RCW 36.70A.600(1) are eligible to apply to the Department of Commerce, Growth Management Services Unit for grant assistance of up to $100,000. In September 2019, the City of Renton submitted an application to the Growth Management Services Unit requesting grant funds to develop a Housing Action Plan. The Department of Commerce notified the City in November 2019 that it had been awarded $100,000 to complete a plan by June 30, 2021. ECONorthwest and BERK Consulting, Inc. were brought under contract in early 2020 to assist with the completion of the Sub-Regional Framework and the Housing Action Plan. NEXT STEPS Work on the Sub-Regional Framework and Housing Action Plan is ongoing and will continue to take place over the next year. An Advisory Committee has been assembled and will meet to oversee the project’s process and give input on housing from a Renton perspective. AGENDA ITEM #4. a) h:\ced\edn\housing\2020\hb 1923 - housing action plan\city housing action plan\meetings\pc_6.17\6.17_ planningcommission_hap staff report.docx The final plan is expected to be presented for adoption by City Council in April 2021. Staff will present initial recommendations to the Planning Commission in early 2021 for review and feedback. Regular briefings will be provided to both Planning Commission and Renton City Council throughout the development of the Housing Action Plan. Project documents will be available online at rentonwa.gov/hap as deliverables are completed. AGENDA ITEM #4. a)