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CITY OF RENTON, WASHINGTON
ORDINANCE NO. 5132
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON,
AMENDING CHAPTER 4-2, ZONING DISTRICTS — USES AND
STANDARDS, CHAPTER 4-39 ENVIRONMENTAL REGULATIONS AND
OVERLAY DISTRICTS, CHAPTER 44, CITY-WIDE PROPERTY
DEVELOPMENT STANDARDS, CHAP'T'ER 4-6, STREET AND UTILITY
STANDARDS, AND CHAPTER 4-11, DEFINITIONS, OF TITLE IV
DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260
ENTITLED "CODE OF GENERAL ORDINANCES OF THE CI'T'Y OF
RENTON, WASHINGTON" TO AMEND THE R-1 RESIDENTIAL LOW
DENSITY ZONE IN ORDER TO REGULATE CLUSTERED
DEVELOPMENT AND CREATE AN URBAN SEPARATOR OVERLAY
DESIGNATION.
WHEREAS, the King County Countywide Planning Policies designate certain, properties
in the County as "Urban Separators"; and
WHEREAS, Countywide Planning Policy LU -27 calls for the preservation of urban
separators as permanent low density lands which protect adjacent resource lands, Rural Areas,
and environmentally sensitive areas; and
WHEREAS, Urban Separators are intended to create open space corridors within and
between Urban Areas which provide environmental, visual, recreational and wildlife benefits;
and
WHEREAS, Countywide Planning Policy LU -27 establishes that maintenance of urban
separators is a regional as well as local concern and fiuther provides that modifications to
development regulations should have King County review and concurrence; and
WHEREAS, the City of Renton has coordinated review of the proposed Urban Separator
regulations with King County staff and elected officials; and
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ORDINANCE NO. 51 3 2
WHEREAS, applicable Metropolitan. King County Code, Title 21A.12.030.17,
establishes standards within R-1 zoning, including a fifty percent contiguous open space
requirement and mandatory clustered development outside these corridors; and
WHEREAS, the City Council adopted Community Design Element policies that
designate certain low-density residential and resource areas as Urban Separators, to provide
physical and visual distinctions between Renton and adjacent communities, and to define
Renton's boundaries; and
WHEREAS, the City Council created a Residential Low Density Designation to map
Urban Separators; and
WHEREAS, the Renton City Council determined that Renton development standards
should address the same or better level of protection for Urban Separators as is provided by King
County regulations;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON,
WASHINGTON, DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 4-2-110.A, Development Standards for Single Family
Residential Zoning Designations, of Chapter 2, Zoning Districts -- Uses and Standards, of Title
IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of
the City of Renton, Washington" is hereby amended to read as shown on Exhibit A.
SECTION H. Subsection 4-2-110.D.3 of Section 4-2-110.13, Conditions
Associated with Development Standards Table for Single Family Residential Zoning
Designations, of Chapter 2, Zoning Districts — Uses and Standards, of Title W (Development
Regulations) of Ordinance No, 4250 entitled "Code of General Ordinances of the City of Renton,
Washington" is hereby amended, to read as follows:
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ORDINANCE NO. 5132
3. Clustering is allowed to meet objectives such as preserving significant natural
features, providing neighborhood open space, or facilitating the provision of sewer service.
Within designated urban separators, clustering is required, consistent with the provision of
Section 4-3-110, Urban Separator Overlay Regulations.
a. The maximum net density requirement shall not be exceeded except that
within Urban Separators a density bonus may be granted allowing the total density to achieve
one dwelling unit per gross contiguous acre for projects that meet the following criteria.
1) Provision of native vegetation cover on 65% of the gross area of all
parcels in the land use action, including both the area within and outside the open space corridor,
with either existing or new vegetative cover, and at least one of the following additional criteria.
i) Enhancement of wetlands is provided at a ratio of one-half
acre enhanced for one acre delineated within the Urban Separator pursuant to Section 4-3-050M
12b. Evaluation Criteria, and Section 4-3-050M 12.c. Wetlands Chosen for Enhancement.
Enhancement proposed for a density bonus may not also be used for a mitigation for other
wetland alterations.
ii) Legal non -conforming uses are removed from the site
and/or brought into conformance with Renton standards.
iii) Natural surface pedestrian trails, with public access, are
provided as part of an adopted trail system or, where there is no planned trail system, in a
configuration approved by the Reviewing Official.
iv) In the absence of either wetlands or legal non -conforming
uses on the site, public access and trails shall be required to the satisfaction of the Reviewing
Official.
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ORDINANCE No 513 2
2) Parcels within the Urban Separator may be combined into larger
contiguous holdings to allow platting to achieve bonus density, however existing legal lots shall
not be reduced in land area for the purpose of transferring density unless such lots are included in
a proposed plat
b. The area of individual lots shall not be less than 10,000 sq. ft.
SECTION III. A new Section, 4-3-110, of Chapter 4-3, Environmental
Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No.
4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby added,
to read as follows:
4-3-110 URBAN SEPARATOR OVERLAY REGULATIONS:
A. PURPOSE: The purpose of this section is to implement the Urban Separators policies in
the Community Design Element of the Comprehensive Plan and the King County Countywide
Planning Policies. The intent is to provide physical and visual distinctions between Renton and
adjacent communities, define Renton"s boundaries and create contiguous open space corridors
within and between urban communities, which provide environmental, visual, recreational and
wildlife benefits. Urban Separators shall be permanent low-density lands that protect resources
and environmentally sensitive areas.
B. APPLICABILITY: This section shall apply to subdivisions and building permits on
lands within designated Urban Separators as shown in the Urban Separators Maps.
C. URBAN SEPARA'T'ORS MAPS:
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ORDINANCE NO. 5132
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ORDINANCE NO. 5132
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ORDINANCE NO. 5132
D. ADMINISTRATION:
1. Review Process: Applications subject to Urban Separator Regulations shall be
processed as a component of the governing land use process.
2. Authority: The Reviewing Official shall have the authority to approve with
conditions, or deny proposals based on the provisions of the Urban Separator Overlay
Regulations.
E. URBAN SEPARATOR OVERLAY REGULATIONS:
i. Contiguous Open Space Corridor Established.
A designated contiguous open space corridor is established as shown on the Urban
Separators Overlay Map in Section 4-3-110.x.
2. Dedication of Open Space Required.
a_ Approval of a plat, and/or building permit on an undeveloped legal lot in
the Urban Separator Overlay shall require dedication of 50°fo of the gross land area of the parcel
or parcels as a non -revocable open space tract retained by property owner, or dedicated to a
homeowners association or other suitable organization as determined by the Reviewing Official.
Acreage in tracts may include critical areas and/or critical area buffers. At a minimum, open
space shall be connected to another contiguous open space parcel by a fifty foot (50') corridor.
b. Existing residences, existing accessory uses and structures, existing above
ground utilities located in the tract at the time of designation and new small and medium utilities
shall not count toward the 50% gross land area calculation for open space except for storm water
ponds designed with less than 3:1 engineered slopes and enhanced per techniques and landscape
requirements set forth in the publication the "integrated Pond" King County Land and Water
Resources Division.
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ORDINANCE NO. 5132
C. Approval of a building permit for an addition of 300 square feet for a
primary use structure or 540 square feet for an accessory structure shall require recordation of a
conservation easement, protective easement or tract and deed restriction on critical areas and
critical area buffers located within the Contiguous Open Space Corridor pursuant to Section 4-3-
050.G, Native Growth Protection Areas.
d. Land dedicated as open space shall be located within the mapped
Contiguous Open Space Corridor unless a modification is approved pursuant to Section 4-3-
110.B.6.
3. Uses Allowed In Contiguous Open Space.
a. Passive Recreation with no development of active recreation facilities
except within a municipal park.
b. Natural surface pedestrian trails.
C. Animal husbandry (small, medium and large) provided that fencing is
subject to the conditions in 4-3-110.E.3.g, below.
d. Existing residences and accessory uses and structures.
e. Small and medium utilities and large underground utilities.
f. Access Easements.
1) Utilities easements and emergency service access roads may be
located within Contiguous Open Space Corridors for the limited purpose of providing service to
parcels platted after March 2005, for which there is no practical alternative way to provide
service. Utilities and emergency service easements shall be developed with permeable surface
treatment.
ORDINANCE NO. 5132
2) Private access easements for ingress and egress may be located within
Contiguous Open Space in the limited instance where there is no alternative access to a pre-
existing legal lot, but shall not serve lots platted after March 2005.
g. Fencing or similar structures and/or hedges or similar landscape
features on the property or easement boundary of properties abutting and within the Contiguous
Open Space Corridor shall not create a solid barrier. Where required to protect wetlands
pursuant to Section 4-3-050.M.7.c, fencing shall be the minimum necessary.
4. Uses in Portions of the Urban Separator Outside the Established Contiguous Open
Space Corridor.
a. Lases shall be consistent with Section 42-060 and 4-2-070.B.
Residential -1 Zone, one dwelling unit per net acre.
b. Development shall be clustered outside the Contiguous Open Space
Corridor mapped in 2-3-11a.J.
5. Standards Within Entire Urban Separator.
a. Forest/vegetation clearing shall be limited to a maximum of 35% of the
gross acreage of the site except:
1) The percentage of forestivegetation coverage may be increased to
qualify for the density bonus allowed in Section 4-2-110.D.
2) The Reviewing Official may modify the percentage of
forest/vegetation retention if determined necessary to meet the surface water retention/detention
standards of Section 4-3-110.E.7.
3) The Reviewing Official may approve forest/vegetation clearing
greater than 35% of individual building sites to allow grading for a home site provided that:
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ORDINANCE NO. 5 t 3 2
i) A landscape plan is provided for each building site showing
compensating re -planting of species with the same or better water retention and erosion control
functions.
ii) 5% additional replacement landscaping per site is provided
iii) Plant caliper is determined by the Reviewing Official to be
sufficient to achieve needed water retention and erosion control functions, and
iv) Individual trees or stands of trees are retained when
feasible. Feasibility is defined as locations and tree health sufficient to ensure continued viability
of the tree and safety of structures within the developed portion of the lot and
v) The landscape plan provides massing of plant material to
create either a connection to required open space or is of sufficient size to create functional
wildlife habitat.
b. If the existing cleared area of a site, as of March 21, 2005 is greater
than 35%, approval of a plat shall require re -planting of forest/vegetative cover.
C. Forest/vegetation cover may include a combination of Northwest
native vegetation including conifer, deciduous trees and shrubs sufficient to provide water
retention and erosion control, as determined appropriate by the Reviewing Official. The
Reviewing Official shall determine wether existing vegetation provides functions to meet
forest/vegetation coverage standards, and shall require additional plantings if existing vegetation
is found to be insufficient.
d. Stormwater management shall comply with the 2005 King County
Surface Water Design Manual Conservation Flog Control Area Level 2 flow control standards.
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ORDINANCE NO. 5132
e. Private access easements and improvements shall be established at
the minimum standard needed to meet public safety requirements.
Landscape plans required in Section 4-4-074 shall include
retention/re-planting plans as applicable, consistent with standards and plant lists in King County
Department of Natural Resources and Parks Water and Land Resources Division Publication
Going Native."
6. Modification of Mapped Contiguous Open Space.
The Reviewing Official may modify the open space configuration where:
a Site specific data confirms that the adopted Contiguous Open Space
Corridor map includes more than the required gross area for any parcel, or
b. The applicant can demonstrate a configuration of contiguous open space
that provides better or equal provision of the open space requirement. Modifications to the
Contiguous Open Space Corridor shall be re -mapped during the City's annual Title IV review
process.
SECTION J V. Section 4-4-040.13 of Chapter 4, City -Wide Property Development
Standards, of Title IV (Development Regulations) of Ordinance No. 4264 entitled "Code of
General Ordinances of the City of Renton, Washington" is hereby amended to read as follows:
B. APPLICABILITY. The provisions and conditions of this Section regulating
height are not applicable to fences or barriers required by state law or by the zoning provisions of
the Code to surround and enclose public safety installations, school grounds, public playgrounds,
private or public swimming pools and similar installations and improvements.
Fences, and hedges within the Urban Separator Overlay are also subject to requirements
of the Urban Separator Overlay Regulations (see Section 4-3-110).
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ORDINANCE NO. 5132
SECTION V. Section 4-4-130.0 of Chapter 4, City -Wide Property Development
Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of
General Ordinances of the City of Renton, Washington" is hereby amended to read as follows.
C. ALLOWABLE TREE CUTTING ACTIVITIES.
Tree cutting and associated use of mechanical equipment is permitted as follows, except
as provided in subsection D.2 of this Section, restrictions for Critical Areas, and in Section 4-3-
I IO.E.5.b, Urban Separator Overlay Regulations.
Emergency Situations: Removal of trees and/or ground cover by the City and/or
public or private utility in emergency situations involving immediate danger to life or property,
substantial fire hazards, or interruption of services provided by a utility.
2. Dead, Dangerous, or Diseased Trus: Removal of dead, terminally diseased,
damaged, or dangerous ground cover or trees which have been certified prior to removal as such
by a forester, registered landscape architect, or certified arborist, selection of whom to be
approved by the City based on the type of information required, or the removal of which is
approved by the City. 3. Maintenance Activities(Essential Tree Removal -- Public or Private
Utilities, Roads and Public Parks: Maintenance activities including routine vegetation
management and essential tree removal for public and private utilities, road rights-of-way and
easements, and parks.
4. Installation of SEPA Exempt Public or Private Utilities: Installation of
distribution lines by public and private utilities provided that such activities are categorically
exempt from the provisions of the State Environmental Policy Act and RMC 4-9-070,
Environmental Review Procedures.
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ORDINANCE NO. 5132
5. Existing and Ongoing Agricultural Activities: Clearing associated with existing
and ongoing agricultural activities as defined in chapter 4-11 RMC, Definitions.
b. Commercial Nurseries or Tree Farms: Clearing or cutting of only those trees
which are planted and growing on the premises of a licensed retailer or wholesaler.
7. Public Road Expansion: Expansion of public roads.
8. Site Investigative Work: Site investigative work necessary for land use
application submittals such as surveys, soil logs, percolation tests, and other related activities
including the use of mechanical equipment to perform site investigative work provided the work
is conducted in accordance with the following requirements.
a. Investigative work should not disturb any more than five percent (5%) of
any protected sensitive area described in subsection D.2 of this Section, Restrictions for Critical
Areas, on the subject property. In every case impacts shall be minimized and disturbed areas
restored.
b. In every location where site investigative work is conducted, disturbed
areas shall be minimized, and immediately restored.
C. A notice shall be posted on the site by the property owner or owner's
agent indicating that site investigative work is being conducted, and that the work must minimize
disturbance to the critical areas identified in subsection D.2 of this Section, Restrictions for
Critical Areas.
d. No site investigative work shall commence without first notifying the
Director or his or her designee in advance.
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ORDINANCE NO. 5132
9. Allowable Minor Tree Cutting Activities: Tree cutting and associated use of
mechanical equipment is permitted as follows, except as provided in subsection D2 of this
Section, Restrictions for Critical Areas:
a. On a developed lot or on a partially developed lot less than one-half (112)
of an acre any number of trees may be removed;
b. On a partially developed lot greater than one-half (1/2) of an acre or on an
undeveloped lot provided that:
i. No more than three (3) trees are removed in any twelve (12) month
period from a property under thirty five thousand (35,000) square feet in size; and
ii. No more than six (b) trees are removed in any twelve (12) month
period from a property over thirty five thousand (35,000) square feet in size.
DEVELOPED
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iii. Rights -of -Way Unobstructed: In conducting minor tree cutting
activities, rights-of-way shall not be obstructed.
10. Landscaping or Gardening Permitted: Land clearing in conformance with the
provisions of subsection C.9 of this Section, Allowable Tree Cutting Activities, and subsection
D.2, Restrictions for Critical Areas, is permitted on a developed lot for purposes of landscaping
or gardening. Land clearing in conformance with the provisions of subsection C.9, Allowable
Minor Tree Cutting Activities, and subsection D.2, Restrictions for Critical Areas, is permitted
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ORDINANCE NO. 5132
on a partially developed or undeveloped lot for purposes of landscaping or gardening provided
that no mechanical equipment is used.
11. Operational Mining/Quarrying: Land clearing and tree cutting associated with
previously approved, operational mining and quarrying activities.
12. Modification of Existing Utilities and Streets (not otherwise exempted by RMC 4-
3-050.0.7) by Ten Percent (10%) or Less: Overbuilding (enlargement beyond existing project
needs) or replacement and/or rehabilitation of existing streets, provided the work does not
increase the footprint of the structure, line or street by more than ten percent (10%) within the
critical area and/or buffer areas.
SECTION VL Section 4-6-030.F of Chapter 6, Street and Utility Standards, of
Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General
Ordinances of the City of Renton, Washington" is hereby amended to read as follows:
F. DRAINAGE PLAN DESIGN CRITERIA, DRAFTING STANDARDS AND
CONTENTS:
The drainage pian shall be prepared in conformance with the Department's construction
plan drafting standards and contents, the City's Standard Specifications for Municipal
Construction and Standard Detail documents, and the design criteria, construction materials,
practices and standard details contained in chapters 3, 4, and 5 of the current King County
Surface water design manual; provided that the Department's standards and design criteria will
take precedence and prevail in any interpretation of conflicting or contradictory standards and
design criteria, and provided, further, that within designated Urban Separators regulated in
Section 44-110, the 2005 King County Surface Water Design Manual Conservation Flow
Control Area Level 2 flow control standards are required.
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ORDINANCE NO. 5132
SECTION VI. Section 4-11-150.0 of Chapter 11, Definitions, of Title IV
Development Regulations) of Ordinance No. 4264 entitled "Code of General Ordinances of the
City of Renton, Washington" is hereby amended by adding the following definition of Open
Space, Contiguous, Urban Separator, to read as follows:
Open Space, Contiguous, Urban Separator: band permanently set aside as open space
located in recorded tracts. Contiguous open space lands may include critical areas, such as
wetlands and steep slopes, and wetland buffers, as well as stormwater ponds enhanced per the
techniques and landscape requirements set forth in The Integrated Pond, King County Water and
Land Resources Division.
SECTION VII. This ordinance shall be effective upon its passage, approval, and
five days after its publication.
PASSED BY THE CITY COUNCIL, this - 4 th day of April- , 2005.
APPROVED BY TBE MAYOR this 4 t;h
Approv as to form:
Lawrence J. Warren, Attorney
Date of Publication: 4/8/2005 (summary)
ORD.I 1753124/05:ma
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Bonnie I. Walton, City Clerk
day of — April , 2045.
4 444, -
Kathy K ollcer-Wheeler, Mayor