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HomeMy WebLinkAbout09/04/2024 - Agenda Packet AGENDA Planning Commission Meeting 6:00 PM - Wednesday, September 4, 2024 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way 1. CALL TO ORDER 2. ROLL CALL 3. CORRESPONDENCE RECEIVED 4. AUDIENCE COMMENT - NON-AGENDA ITEMS 1. Virtual Attendees 2. In-person Attendees Those attending virtually (Call 253-215-8782,Zoom meeting ID: 880 3465 9736, password: Weplan2024 or https://us06web.zoom.us/j/88034659736pwd=z1TyxJNsMEloal0MglAamlJkjbnLaR.1) will be given an opportunity to speak before in-person (physical meeting at the City Hall, 7F Council Chambers) comments are completed. Please use your device to raise your (electronic) hand in order to be recognized by the Recording Secretary. Each speaker will be provided three (3) minutes to address an item. Groups or organizations are encouraged to select a spokesperson to speak on a group’s behalf. Alternatively, interested parties are encouraged to provide written comments to planningcommission@rentonwa.gov. Attendees will be muted and not audible to the Commission except during times they are designated to speak. Public can use the “Raise Hand” option if attending through video. If there are others calling in, you can be called upon by the last 4 digits of your telephone number. Phone instructions: *6 to mute/unmute, *9 to raise hand. 5. COMMISSIONER COMMENTS 6. ADMINISTRATOR'S REPORT 7. BRIEFING DOCKET 19 GROUP A (D-233: MFTE AND WAIVE FEES, D-234: SB290 LOCAL PROJECT REVIEW) a) Docket 19A Staff Reports Page 1 of 11 8. COMMISSIONER COMMENTS 9. ADJOURNMENT Hearing assistance devices for use in the Council Chambers are available upon request. For more information please visit rentonwa.gov/planningcommission Page 2 of 11 CITY OF RENTON Community and Economic Development Department #D-234: MFTE and Waived Fees Staff: Angelea Weihs, Associate Planner Date: August 29, 2024 Applicant or Requestor: Staff _____________________________________________________________________________________ GENERAL DESCRIPTION The Multi-Family Housing Property Tax Exemption and Waived Fees programs are set to expire on December 31, 2024, unless extended by City Council action. These housing incentives have been instrumental in facilitating significant new multi-family housing development in the City’s highest priority redevelopment and revitalization areas, as well as facilitating new affordable housing development across the city. The purpose of proposed code amendment is to extend the sunset date by 3 years. BACKGROUND – MULTI FAMILY HOUSING PROPERTY TAX EXEMPTION As authorized by Chapter 84.14 of the Revised Code of Washington, the City Council established the Multi-Family Housing Property Tax Exemption housing incentive in 2003. The Exemption provision allows the value of qualified new housing construction to be exempt from ad valorem property tax for a limited period of time after completion of the project. The purpose of the MFTE program is to encourage development of qualified new multi-family housing located in designated residential target areas by providing limited duration, 8, 10, 12, or 20 year exemptions from ad valorem property taxation, as shown in the following table: APPLICATION SUBMITTAL DATE DURATION OF EXEMPTION AFFORDABLE HOUSING REQUIREMENT HOUSEHOLD MEDIAN INCOME BEFORE JULY 22, 2007 10 years BETWEEN JULY 22, 2007, AND DECEMBER 17, 2018 8 years* NA NA 12 years* At least 20% of units shall be reserved as affordable rental or ownership housing for low- and moderate-income households. Rental Housing: 80% or less of median Income Ownership Housing: 120% or less of median income AFTER DECEMBER 18, 2018 8 years* NA NA 12 years* At least 20% of units shall be reserved as affordable rental or ownership housing for low- and moderate-income households. Rental Housing: 60% or less of median Income Ownership Housing: 80% or less of median income AGENDA ITEM #7. a) Page 3 of 11 20 years At least 25% of units shall be reserved as permanent affordable ownership housing. Limited to Ownership Housing: 80% or less of median income. *Exemption may be extended for an additional 12 years, with city approval, if 20% of units are reserved as affordable units for low-income households. The exemption does not apply to the value of the land, existing improvements or non-housing-related improvements (e.g., commercial space). The exemption applies to all levels of the ad valorem property tax, including the local jurisdiction, county, state, and all local taxing districts, and can be combined with any other tax credits, grants, or incentives provided by law for the multi-family housing. Residential Target Areas To qualify for the Multi-Family Housing Property Tax Exemption, projects must be located within one of the designated “residential targeted areas” and zones: • Sunset Area: In the Sunset Area and within the Center Village (CV), Residential Multi-Family (RMF), or the Residential-14 (R-14) Zone; • Downtown: In the Downtown and within the Center Downtown (CD) Zone or Residential-14 (R- 14) Zone; • Rainier/Grady Junction TOD Subarea: In the Rainier/Grady Junction TOD Subarea and within the Commercial Arterial (CA) or Commercial Office (CO) Zone; or • South Lake Washington: In the South Lake Washington and within the Urban Center-1 (UC-1), or the Urban Center-2 (UC-2) Zone. MFTE Eligibility In addition to project (Residential Target Areas) location requirements, project proposals must also comply with size and residential occupancy limitations to qualify for the Multi-Family Housing Property Tax Exemption, as indicated in the following table: RESIDENTIAL TARGET AREA ZONE UNIT MININMUM PERMANENT OCCUPANCY SUNSET AREA CV 30* At least 50% of project intended for permanent residential occupancy RMF, R-14 10 DOWNTOWN CD 30* R-14 10 RAINIER/GRADY JUNCTION CA, CO 100* SOUTH LAKE WA UC-1, UC-2 100* *If 100% affordable homeownership, then project has 10 unit minimum; affordable means at least 50% of units designated for <80%; and remainder designated at <120% AMI AGENDA ITEM #7. a) Page 4 of 11 Conclusion: The City of Renton established the Exemption incentive to encourage additional multi-family housing in residential targeted areas. Extending the sunset date for this incentive is in alignment with the goals and objectives of the 2021-2026 Business Plan, the recommendations of the Rainier/Grady Junction TOD Subarea Plan, and the Housing Action Plan. BACKGROUND – WAIVED FEES The City Council established the Waived Fees housing incentive in 2001. Currently, the Waived Fees program includes two elements: an affordable owner-occupied housing incentive (RMC 4-1-210B) and an affordable rental housing incentive (RMC 4-2-210C). The purpose of the program is to encourage the development of new rental and affordable owner-occupied housing in the city by waiving certain development and mitigation fees for eligible affordable housing projects, subject to City Council approval. The incentive applicability has been amended several times since it was established in 2001, as shown in the following timeline: 2001 2010 2018 2020 City Council approved Ordinance No. 4913 (Waived Fees – Owner- Occupied Housing Incentive) to allow certain development and mitigation fees for “For Sale” multi- family housing to be waived to encourage owner-occupied housing in Downtown Renton. City Council extended the incentive to include eligible owner- occupied and rental housing in the Sunset Area. City Council restricted the waived fees to affordable rental or homeownership projects and extended the incentive to include eligible affordable owner-occupied or rental housing citywide. City Council defined applicable fees as a maximum of 80% of applicable impact fees and up to 100% of all other applicable fees for up to 100 dwelling units may be waived. Applicable Fees Based on current code, the City Council may grant, partially grant, or deny a request to waive no more than 80% of applicable impact fees and up to 100% of all other applicable fees. The Waived Fees affordable housing incentive currently includes the following applicable fees which may be waived for an eligible project: • Building permit fees; AGENDA ITEM #7. a) Page 5 of 11 • Building permit plan review fees; • Water, surface water, and wastewater system development charges; • Public Works plan review and inspection fees; • Transportation and parks impact mitigation fees (up to 80%); • Fire impact mitigation fees (up to 80%; if approved by the Renton Regional Fire Authority); • Civil plan review and inspection fees; • Technology surcharge fees; and • Administrative fees for collecting, processing, and handling school impact fees. (May be waived only for owner-occupied housing) Eligibility – Owner-Occupied Housing The owner-occupied Waived Fees incentive applies to eligible new construction projects that include a minimum of 10 units and designate and sell at least 50% of the total housing units as permanent affordable housing for households at or below 80% of median income. The remaining housing units must be designated and sold as affordable for households at or below 120% of median income. Eligibility – Rental Housing The rental Waived Fees incentive applies to new construction projects that include and have a minimum of 8 dwelling units if located in the R-1, R-4, R-6, R-8, R-10, R-14, or RMF zones, or a minimum of 30 dwelling units if located in the CN, CA, CV, CD, or CO zones. Projects must designate and rent 100% of housing units (or the greatest number of affordable housing units allowed if in the CV zone) as affordable for households making at or below 60% median income. Conclusion The City of Renton has used the Waived Fees incentive to facilitate new affordable housing development. Extending the incentive is in alignment with the goals and objectives of the 2021-2026 Business Plan and the recommendations of the Housing Action Plan. PROPOSED CODE AMENDMENTS Staff proposes to extend the sunset date an additional 3 years for both the Multi-Family Housing Property Tax Exemption and Waived Fees programs in the following code sections: • RMC 4-1-220 PROPERTY TAX EXEMPTION FOR MULTI-FAMILY HOUSING IN RESIDENTIAL TARGETED AREAS • RMC 4-1-210 WAIVED FEES STAFF RECOMMENDATION Amend city code, as described above, to extend the sunset date for both the Multi-Family Housing Property Tax Exemption and Waived Fees programs by an additional 3 years. IMPACT ANALYSIS Effect on rate of growth, development, and conversion of land as envisioned in the Plan There are no anticipated effects on the rate of growth, development, and conversion of land envisioned in the Plan. AGENDA ITEM #7. a) Page 6 of 11 Effect on the City’s capacity to provide adequate public facilities There are no anticipated effects on the City’s capacity to provide adequate public facilities. Effect on the rate of population and employment growth There are no anticipated effects on the rate of population and employment growth created by the proposed changes. Whether Plan objectives are being met as specified or remain valid and desirable Objectives of the Plan would remain valid and desirable. Effect on general land values or housing costs There are no anticipated effects on general land values or housing costs. Whether capital improvements or expenditures are being made or completed as expected There are no anticipated effects on capital improvements or expenditures created by the proposed changes. Consistency with GMA and Countywide Planning Policies The proposed amendments are consistent with the GMA and Countywide Policies. Effect on critical areas and natural resource lands There are no anticipated effects on critical areas and natural resource lands. AGENDA ITEM #7. a) Page 7 of 11 CITY OF RENTON Community and Economic Development Department #D-234: SB 5290 – Local Project Review Staff: Angelea Weihs, Associate Planner Date: August 29, 2024 Applicant or Requestor: Staff _____________________________________________________________________________________ GENERAL DESCRIPTION The purpose of the proposed code amendments is to update the city’s permit review procedures and time period regulations in accordance with Second Substitute Senate Bill (SB) 5290, which includes major changes to the Local Project Review Act related to streamlining and consolidating local permit review processes. BACKGROUND The Local Project Review Act was established in 1995, after the passage of the Growth Management Act (GMA), and acts as the statewide framework for local government land use planning review and development permitting. The Local Project Review Act applies to all local governments planning under the Growth Management Act (GMA). The Local Project Review Act was established by the state in response to the regulatory burden created by the increasing complexity of laws and regulations for land development, as well as the growing number of land use permits required by agencies, which generates potential for conflict, overlap, and duplication between the various permit and review processes. In May of 2023, the state passed Senate Bill (SB) 5290, which requires several major changes to the project review processes and timelines provided in the Local Project Review Act. The updates required by SB 5290 are intended to consolidate, streamline and further improve local permit review processes for improved outcomes for applicants, customers, planners, builders and designers. It is also intended to increase permit review timeliness and hold jurisdictions accountable in the event the review time periods are exceeded. Most of the amendments of SB 5290 went into effect in the summer of 2023, except for new permit time period requirements which will be effective January 1, 2025. PERMIT REVIEW TIME PERIODS Based on the Local Project Review Act, development regulations must establish and implement time periods for local governments to take action on each type of project permit application. Prior to the required amendments of SB 5290, the established time period for review was 120 days from the date of complete application, unless the local government makes written findings that additional time is needed. In order to comply with the SB 5290 state mandates, the city must revise the existing 120-day time period for permit review. Rather than a one-size-fits-all approach to permit review, the revised time periods will be based on permit types as follows: AGENDA ITEM #7. a) Page 8 of 11 PERMIT TYPE MAXIMUM REVIEW TIME PERIOD No public notice is required for permit type. 65 days Public notice is required for permit type. 100 days Public notice and public hearing(s) are required for permit type. 170 days The default review time periods established above are based on calendar days, rather than business days. Furthermore, these time periods apply automatically if the city does not adopt an ordinance setting or changing the time periods. OTHER SB 5290 REQUIREMENTS In addition to the revised permit review time periods, the City of Renton must also comply with the following SB 5290 state mandates: • The city must update permit refund code and procedures. For example, if the city does not comply with the required time limits, the city must refund the application review fees on a pro- rated basis up to 20%, depending on the length of delay. • The city must report annual permit review data, including data on compliance with the new permit time periods. This annual report must be posted on the city website and must include the number of permits issued by type, length of processing decisions, and several other metrics as set forth in the amended Local Project Review Act. • The update requires clarification regarding the procedural requirements for project application determination of completeness. For example, the determination must be based on the procedural requirements as outlined on the project permit application. • Lastly, the update requires minor revisions to city public notice requirements and procedure, such as clarification that the notice of application include information, such as: o Date of application, o Date of the notice of completion for the application, o Date of the notice of application, o Identification of other permits not included in the application to the extent known by the local government, and o Identification of existing environmental documents that evaluate the proposed project. PROPOSED CODE AND PROCEDURAL AMENDMENTS The following summarized key amendments are proposed for consistency with SB 5290: • Update city permit review time periods. • Update permit refund code and procedures. • Update reporting procedure for annual permit review data to demonstrate compliance with new permit time period requirements. AGENDA ITEM #7. a) Page 9 of 11 • Update code regarding procedural requirements for project application determination of completeness. • Update public notice requirements and procedures for project applications. The required code amendments impact the following code sections: • RMC 4-8-080, PERMIT CLASSIFICATION. • RMC 4-1-140, REFUND OF DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FEES • RMC 4-8-090, PUBLIC NOTICE REQUIREMENTS • RMC 4-8-010, PURPOSE AND INTENT • RMC 4-8-050, EXEMPTIONS FROM STATE PROCESS REQUIREMENTS • RMC 4-6-070, TRANSPORTATION CONCURRENCY REQUIREMENTS STAFF RECOMMENDATION Amend the city’s permit review procedures and time period regulations, as described above, to comply with the Second Substitute Senate Bill (SB) 5290. IMPACT ANALYSIS Effect on rate of growth, development, and conversion of land as envisioned in the Plan Not applicable. The proposed amendments are intended to streamline the development permit processes. There is no anticipated direct effects on the rate of growth, development, and conversion of land envisioned in the Plan. Effect on the City’s capacity to provide adequate public facilities Not applicable. There are no anticipated effects on the City’s capacity to provide adequate public facilities. Effect on the rate of population and employment growth Not applicable. There are no anticipated effects on the rate of population and employment growth created by the proposed changes. Whether Plan objectives are being met as specified or remain valid and desirable Objectives of the Plan would remain valid and desirable. Effect on general land values or housing costs The proposed amendments are intended to streamline the development permit processes. There will likely be no direct effects on general land values or housing costs. Whether capital improvements or expenditures are being made or completed as expected Not applicable. There are no anticipated effects on capital improvements or expenditures created by the proposed changes. AGENDA ITEM #7. a) Page 10 of 11 Consistency with GMA and Countywide Planning Policies The purpose of the proposed amendments are to remain consistent with the Growth Management Act and Local Project Review Act. The proposed amendments are consistent with the Plan and Countywide Policies. Effect on critical areas and natural resource lands Not applicable. There are no anticipated effects on critical areas and natural resource lands. AGENDA ITEM #7. a) Page 11 of 11