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Home My WebLink AboutORD 5617CITY OF RENTON, WASHINGTON ORDINANCE NO. 5617 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 4-1-210 OF CHAPTER 1, ADMINISTRATION AND ENFORCEMENT, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", BY EXPANDING THE WAIVER OF CERTAIN DEVELOPMENT AND MITIGATION FEES BY ADDING A NEW SUBSECTION C, ENTITLED "RENTAL HOUSING INCENTIVE". WHEREAS, on August 27, 2001, the Council approved Ordinance No. 4913 (codified in RMC 4-1-210) to allow certain development and mitigation fees for housing that is for sale to be waived to encourage new owner-occupied housing in Downtown Renton; and WHEREAS, on February 1, 2010, the Council amended Subsection 4-1-210B, Owner- Occupied Housing Incentive, to expand the development and fee waivers to encourage new owner-occupied housing in the Sunset Area; and WHEREAS, the provisions of Subsection 4-1-210B helped to establish the 37-unit "55 Williams" and the 50-unit "Chateau de Ville" condominium projects as new owner-occupied housing in Downtown Renton; and WHEREAS, the development and mitigation fee waivers currently apply to eligible owner-occupied housing projects in the CD, RM-U, and RM-T zones of the Urban Center Comprehensive Plan designation and the CV, RM-F, and R-14 zones within the Center Village Comprehensive Plan designation; and WHEREAS, a City-convened Highlands Task Force recommended in December 2008 that City staff identify incentives to help facilitate redevelopment in the Highlands (a.k.a., Sunset Area); and 1 ORDINANCE NO. 5617 WHEREAS, the City adopted a Sunset Area Community Investment Strategy on November 23, 2009, and directed staff to implement the recommendations and prioritization of projects therein as resources become available; and WHEREAS, the City is completing an Environmental Impact Statement (EIS) and Planned Action Ordinance for the Sunset Area to help facilitate redevelopment; and WHEREAS, the City now seeks to expand the development and mitigation fee waivers to encourage new multi-family rental housing in the Sunset Area; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Section 4-1-210, Waived Fees, of Chapter 1, Administration and Enforcement, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended to add a new Subsection C, "Rental Housing Incentive", to read as follows: C. RENTAL HOUSING INCENTIVE: 1. Purpose: To encourage new rental housing in the CV, RM-F, and R-14 zones within the Center Village Comprehensive Plan designation, certain development and mitigation fees for rental housing may be waived for eligible projects, subject to City Council approval. 2. Definitions: In construing the provisions of this Subsection, the following definitions shall be applied: a. "Affordable housing" means residential housing that is rented by a low-income household whose monthly housing costs, including rent and utilities 2 ORDINANCE NO. 5617 other than telephone, do not exceed thirty percent (30%) of the household's monthly income. b. "Household" means a single person, family, or unrelated persons living together. c. "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. d. "Median income" means the median family income adjusted for family 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. e. "Multi-family housing" means one (1) or more new buildings designed for rental housing, each with four (4) or more dwelling units. f. "Rental housing" means multi-family housing that provides rental accommodation on a nontransient basis. This definition includes rental accommodation that is leased for a period of at least one (1) month but excludes, for example, hotels and motels that predominantly offer rental accommodation on a daily or weekly basis. 3. Eligibility Criteria: To qualify for waived fees, projects must meet the following criteria: 3 ORDINANCE NO. 5617 a. The multi-family housing project is new construction rental housing; b. The project will be a minimum of eight (8) units if in the RM-F zone or R-14 zone within the Center Village Comprehensive Plan designation; or c. The project will be a minimum of thirty (30) units if in the CV zone within the Center Village Comprehensive Plan designation. 4. Fees: a. Fees which may be waived: 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; and v. Fire, transportation, and parks impact mitigation fees. b. Portion of fees which may be waived: i. One-hundred percent (100%) of the above fees may be waived for eligible rental housing projects with at least fifty percent (50%) of the units set aside as affordable housing; or ii. Fifty percent (50%) of the above fees may be waived for eligible market-rate rental housing projects. 5. Application Process: Persons who intend to apply for the rental housing incentive fee waivers must disclose their intent to apply for waived fees prior to 4 ORDINANCE NO. 5617 or by the administrative site plan review period. The application for waived fees must be made to the Planning Director (or any other City office, department or agency that shall succeed to its functions with respect to this Section, or his or her authorized designee) at the time of the land use application, unless otherwise approved by City Council. 6. Restrictive Covenant: All projects which obtain a fee waiver as affordable housing under Subsection 4-l-210C.4.b.i must contain a restrictive covenant indicating that at least fifty percent (50%) of the units will be set aside and rented as affordable housing. After review and approval of the waiver by the City Council and the review and approval of the restrictive covenant by the Planning Director or his or her designee, the restrictive covenant must be executed and recorded at the applicant's expense prior to the issuance of the building permit for the project, unless otherwise approved by City Council- Failure to timely execute and record the covenant will result in the applicant being responsible for any and all applicable fees and interest accrued as a result of the delay. 7. Cancellation or Modification: If the project fails to meet the requirements of Subsection 4-1-210C, all applicable fees must be paid with interest. After the application has been approved and/or the restrictive covenant is recorded, the project may not be modified to owner-occupied "For Sale" housing without the advance approval of the City Council. 5 ORDINANCE NO. 5617 8. Effective Date and Sunset: These fee waivers are effective for building permits issued after the effective date of this amendment, and will sunset on December 31, 2012, unless extended by City Council action. SECTION II. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this 1st day of August , 2011. Co'r Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this 1st day of August , 2011. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: 8/5/2011 ORD:1717:6/l/ll:scr 6