19.22.080 Development height incentives program

19.22.080 Development height incentives program.

A. Purpose. The intent of the development height incentives program established in this section is to allow additional building height in exchange for the developer’s contribution to programs set forth in this section.

B. Overview. Maximum building heights for principal buildings are set forth in Map 22-1. Where Map 22-1 includes a range of maximum building heights (e.g., five to eight floors), the lower number is referred to as the “base height maximum” and the higher number is referred to as the “incentive height maximum.” A building may build to the base height maximum without application of the development height incentives program. In order to achieve the incentive height maximum, a development must comply with this section.

C. How to Receive Additional Heights. The maximum building height of a principal building may be increased to the incentive height maximum indicated in Map 22-1 when development meets one or more of the program options and requirements set forth in Table 22-5. These options permit an increase in floor heights as indicated and may be combined with more than one public benefit for additional floor heights, not to exceed the incentive height maximum indicated in Map 22-1.

Table 22-5: Development Height Incentive Standards
Benefit Provided	Height Incentive Offered
Housing
Affordable housing provided on or off site	5:1 Five square feet additional floor area for each one square foot of affordable housing
Fee-in-lieu-of (affordable housing)	2:1 Two square feet additional floor area for each one square foot of affordable housing
Historic Building Preservation
Transfer of development rights from place on city register of historic places	5:1 Five square feet for each one square foot of development rights transferred from historic place
Green Building
Buildings certified by Green Building Council or equivalent	Gold – 50% of the incentive height maximum Platinum – 100% of the incentive height maximum
Public Parking
Dedicated public parking (above ground floor in structured parking) (This incentive is only offered in Metro Everett)	4:1 Four square feet for each one square foot of public parking dedicated for public use (deed restricted)
Dedicated public parking (below ground) (This incentive is only offered in Metro Everett)	6:1 Six square feet for each one square foot of public parking dedicated for public use (deed restricted)
Public Art
Contribution to city’s public art fund or art provided and located as approved by Everett cultural arts commission	1:1 One square foot of additional floor area for each square foot of fees provided based on subsection (D)(9) of this section
Agricultural Land Preservation
Transfer of development rights from agricultural resource lands	5,000 square feet of additional floor area for each certified development right transferred
Parks, Outdoor and Common Areas
Public parks	1:2 One square foot for each two square feet of public park dedicated or improved
Additional outdoor and common areas	1:1 One square foot for each one square foot of public open space

1. General. In order to receive the additional heights shown in Table 22-5 above, development must meet the following requirements for the applicable incentive.

a. “Affordable housing” means residential housing for low- and moderate-income households as defined in Chapter 3.78 EMC regarding multifamily housing property tax exemption.

b. Affordable housing can be provided on site or off site, or a payment in lieu of providing affordable housing can meet this requirement.

c. Rent/Sale and Income Restricted. Any development which receives a height bonus by providing affordable housing shall be required to record a deed restriction which will restrict the rent or sale of the housing units to those households whose income qualifies for this program. The length of the deed restriction shall be no less than fifty years.

d. Fee-in-Lieu-of Program. A fee in lieu of, at a reduced ratio of two to one, may be approved by the planning director. See subsection (D)(9) of this section.

a. A development project may provide for the preservation of historic resources through the city’s transfer of development rights program.

b. The development rights must be obtained from a building on the city of Everett’s register of historic places.

c. Any improvements to buildings from which development rights are transferred will be required to meet city requirements for historic buildings as set forth in a development agreement approved by the planning director.

a. Additional building height is allowed for buildings certified by the U.S. Green Building Council, or equivalent standards.

b. Any use of equivalent green building standards must be approved by the planning director.

c. If certification has not been achieved at the time the first certificate of occupancy is issued for the building, the developer shall post a performance bond in a form acceptable to the city. The performance bond shall be based on the value of land per square foot of building in the area of the city in which the proposed development is located. The developer will forfeit the performance bond if green building certification is not achieved within one year of the city’s issuance of the certificate of occupancy. The city reserves the right to use the funds for any purpose, including but not limited to green building improvements to publicly owned buildings.

a. Where Available. This height incentive is only available in Metro Everett.

(1) Residential Parking Spaces. Parking spaces that serve residences during the evening must be made available to the public between seven-thirty a.m. and five-thirty p.m.

(2) Nonresidential Parking Spaces. Parking spaces that are dedicated to nonresidential use during the day shall be made available to the public between the hours of five-thirty p.m. and one a.m.

c. Fees. Reasonable, market-rate fees may be charged for public parking. A fee schedule shall be submitted to the planning director annually for review and approval.

d. Term. The property owner will be required to record deed restrictions that show that the city will retain a permanent interest in the public parking as long as the building is occupied. The form and conditions of the deed restrictions must be approved by the city and will be required before a final certificate of occupancy.

a. To receive an incentive height bonus for public art, a developer must contribute fees set forth in subsection (D)(9) of this section to the city of Everett municipal arts fund. In lieu of providing the financial contribution to the fund, the city’s cultural arts commission may approve public art to be completed by the developer; provided, that the value of that art equals the fees set forth in subsection (D)(9) of this section.

b. All public art shall include a maintenance plan to ensure the public art is properly funded and maintained.

a. A development height incentive may be provided where a development severs the development rights from the fee interest of property that is designated as “agricultural lands of long-term commercial significance” by Snohomish County.

b. The development rights being acquired must be certified by Snohomish County.

c. Each agricultural development right which is acquired shall entitle the developer to five thousand square feet of additional floor area.

d. In order to implement this program cooperatively with Snohomish County, the city of Everett adopts Chapter 365-198 WAC, as now or hereafter amended, by reference.

a. To receive an incentive height bonus for public parks, a developer must either:

(1) Dedicate land to the city as approved by the parks director, mayor and city council; or

(2) Improve an existing public park or open space, or provide funds in lieu of improvement, in an amount that is equivalent in value of a land dedication, and as approved by the parks director.

b. To receive an incentive height bonus for outdoor and common areas, the developer shall provide outdoor and common areas in addition to the minimum requirements set forth in EMC 19.09.050.

a. When Allowed. Where a fee in lieu of is allowed, the determination of the fee must follow the requirements set forth in subsection (D)(9)(b) of this section.

(1) The in-lieu-of fee is based on the bonus provided. For example, if a developer wishes to pay an in-lieu-of fee to support two floors of affordable housing in return for four bonus floors, the fee is based on the two floors of affordable housing.

(2) The in-lieu-of fee, as of July 1, 2020, is based on the zoning designation and values set forth below. The fee will be adjusted annually based on the adjustment process set forth in EMC 16.72.020.

(A) Mixed urban zone: seven dollars and fifty cents per square foot.

(B) Light industrial zone(s): six dollars per square foot.

Fee Calculation Example No. 1: A developer wishes to provide a fee in lieu of providing affordable housing in the urban mixed zone. The developer wishes to support two floors of affordable housing, which would provide a height bonus of four additional floors. The floorplates of the upper floors are seven thousand five hundred square feet. The in-lieu-of fee would be one hundred twelve thousand five hundred dollars based on 2020 rates. (2 x 7,500 x $7.50 = $112,500.) In this example, the developer would have four additional floors, or thirty thousand square feet of gross floor area, in exchange for an affordable housing fee of one hundred twelve thousand five hundred dollars.

Fee Calculation Example No. 2: A developer wishes to build one additional floor and provide to the city’s public art fund. The gross floor area of that incentive floor is seven thousand five hundred square feet. The in-lieu-of fee would be fifty-six thousand two hundred fifty dollars based on 2020 rates. (7,500 x $7.50 = $56,250.)

c. City Funds. Any fees accepted by the city shall be deposited into city funds to be used for the purpose for which they were deposited. The city will annually account for the deposit and expenditure of the funds provided in lieu of the developer providing the required benefit. (Ord. 3774-20 § 5(K) (Exh. 3), 2020.)