HomeMy WebLinkAboutORD 4551Amends Ord #4404
Amended by ORO 5028
CITY OF RENTON,WASHINGTON
ORDINANCE NO.4551
AN ORDINANCE OF THE CITY OF RENTON.WASHINGTON,AMENDING
TITLE IV (BUILDING REGULATIONS)OF ORDINANCE NO.4260
ENTITLED 'CODE OF GENERAL ORDINANCES OF THE CITY OF
RENTON'BY ADDING CHAPTER 35 ENTITLED MASTER SITE PLAN
APPROVALS'AND AMENDING CITY CODE SECTION 4-31-33.C.8
RELATING TO SITE PLAN APPROVALS.
THE CITY COUNCIL OF THE CITY OF RENTON,WASHINGTON,DO ORDAIN
AS FOLLOWS,
SECTION 1.Subsection 4-31-33.C.8 of Title IV (Building
Regulations)of Ordinance No.4260 entitled "Code of General
Ordinances of the City of Renton"is amended to read as follows:
4-31-33.C.8,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
on the site plan for those projects that have not been reviewed as
part of a master site plan pursuant to Chapter 35 of the City Code.
A pUblic hearing before the Hearing Examiner shall be required for
projects not reviewed pursuant to Chapter 35 if:
a.the Environmental Review Committee determines that
based on departmental comments or pUblic input there are
significant unresolved concerns that are raised by the proposal;or
b.The applicant has requested a pUblic hearing;or
c.The proposed project is larger than anyone of the
following:
-One hundred (100)mUltiple family residential units;
-One hundred thousand (100,000)square feet of gross
floor area in the IL or CO Zone or other zones in the Valley
Planning Areai
ORDINANCE NO.4551
Twenty five thousand (25,000)square feet of gross
floor area in the ee,eN,eM,CA,eE,co or P-l Zones outside the
Valley Planning Area;
Four (4)stories or sixty feet (60')in height;
Three hundred (300)parking stalls;or
Ten (10)acres in size.
d.Any commercial property is adjacent to a single-
family zone.
e.Exception for Secondary Use:Where site plan review
is required for secondary uses in the zoning districts,but would
otherwise be exempt from the site plan review requirements,pUblic
notice of the proposed action and public hearing shall not be
required.
SECTIQN II.There is hereby created Chapter 35 entitled
Master Site Plan Approvals to Title IV (Building Regulations)of
Ordinance No.4260 entitled "Code of General Ordinances of the City
of Renton"which reads as follows:
4-35-1,PURPOSE AND INTENT.
A.Purpose.The master site plan process is to provide a
site plan approval at the conceptual stage for those proj ects,
series of proj ects,phased developments or developments occurring
over a long period of time or which are of such a size and
complexity or duration as to make independent site plan review
burdensome,difficult,or inclined to lead to segmented and
inconsistent conditions and approvals.The process is also to
provide a plan for the physical and functional interrelationships
between uses and facilities on the site,and to plan for and
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ORDINANCE NO.4551
mitigate potential impacts that could result from large scale site
and facility development.Master site plan review is particularly
appropriate to include,but not be limited to,the following types
of developments:
1.Development which will occur over a period of five
years or more.
2.Development which consists of a number of
unconnected buildings,projects or improvements on the same site,
with or without a certainty of order of development.
3.Development in a number of phases when the phases
are not predictable or certain of the timing of development.
4.Development of a number of buildings or projects
under single ownership on geographically separated parcels within
the City.
5.Governmental projects including,but not limited to,
proj ects proposed by any municipal corporation established under
the laws of the state of Washington,whether or not meeting any
other category listed above which:
a.will be developed repetitiously,periodically,
or over an extended time period due to size,dispersed locations,
periodic needs or uncertainty of funding,or
b.have been identified in the City's
Comprehensive Plan or applicable Capital Facilities Plan or have
been the subject of a public hearing.
B.Intent.This ordinance is to provide a system whereby a
conceptual site plan can be approved without the level of detail
necessary for site plan approval under City Code section 4-31-33.
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ORDINANCE NO.4551
Once conceptual site plan approval has been obtained,individual
phases,buildings or developments will be approved,conditioned or
denied by administrative determination pursuant to the City's site
plan review ordinance and this chapter.
4-35-2,MASTER SITE PLAN REVIEW CRITERIA.
The master site plan application shall provide sufficient
detail as to the scale of the proposed improvements,the quantity
of the various types of spaces to be provided,the use to which the
structures will be put,the bulk and general form of the
improvements and such further detail as to demonstrate the physical
and functional interrelationships of the proposal.Information
shall be provided as to the compatibility of the proposed
development with its surrounding areas and what public amenities
will be provided,if any.However,the level of detail must be
appropriate for the master site plan process leaving individual
details to the administrative site plan process.For example,the
master site planning approval should include consideration of
safety and efficiency of vehicle and pedestrian access over the
entire site.Applicants are encouraged to consult with staff about
creating site specific development standards which would allow
subsequent development pursuant to City Code to mitigate or avoid
potential adverse impacts on or off site through such devices as
self imposed limits as to total bulk for the types of uses,or the
ratio of developed space to open space.The intent of such
development standards would be to create conceptual site plans of
sufficient detail so that a reviewer could determine whether
potential detrimental impacts of the proj ect had been avoided or
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mitigated through creative site planning,building,massing and
phasing.
4-35-3,CONTENTS OF APPLICATION.
A.Nongovernmental site plans.
Each application for master site plan review,except for
those covered by City Code section 4-35-8,shall include an
original plus ten (10)copies of required forms together with
eleven (11)copies of all plans and supplemental information,and
shall be accompanied by the appropriate fee.
The applicant may wish to provide more detail than what
is required by this ordinance section and may request that the
master site plan approval be combined for public hearing before the
Hearing Examiner with the approval of an individual phase of the
master site plan that would otherwise be subject to administrative
approval pursuant to City Code section 4-35-5.
The application shall include,where applicable:
1.A fully dimensioned site plan of the entire site or
applicable portion thereof drawn at a scale of one inch (111)equals
two hundred feet (200 1 )or other scale required by the City.
2.Information on the application shall include the
title,location and legal description of the proposed development,
together with the names,addresses and telephone numbers of the
recorded owners of the land and the applicant,and when applicable,
the name,address,telephone number and seal of any architect,
planner,designer or engineer responsible for the preparation of
the plan and any authorized representative of the applicant.
3.A completed environmental checklist when required.
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ORDINANCE NO.4551
4.A written description addressing the scope of the
project,the nature and size of each use and a timetable for
development,including phases.
5.A vicinity map,drawn at a scale of one inch equals
two hundred feet (I"=200 1 ),showing site boundaries and existing
roads and accesses within the boundary of the site and where not
contained in the dimensioned site plan described above.
6 _SUbject property (all property lines dimensioned)
and abutting streets existing and proposed.
7.Location of the sUbject site with regards to the
nearest street intersections,including intersections opposite the
subject property.
8.Approximate location of building footprints and size
of proposed structures with an approximate gross floor area,number
of stories and other indices of size and bulk.
9.A generalized circulation plan illustrating proposed
vehicular access points for the site as well as major vehicular and
pedestrian/bicycle pathways,parking areas and the like.
10.A generalized grading plan for those portions of the
site where substantial grading is proposed or necessary for the
project and a rough grading plan for the residual portions of that
site upon which grading will occur.
11.Generalized utilities plans,drainage and stormwater
runoff provisions and generalized wetland plans.
12.Generalized or proposed topographical features and
contours at intervals not greater than five feet (51)in existing
streams,lakes,marshes and other natural features.
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13.A description of the phasing,proposed number of
structures and anticipated number of square feet of developed and
occupied space.
14.Proposed types of uses to be housed in proposed
structures.
15.For larger phased proj ects submittal of the
following information may suffice,pending subsequent site plan
review proposed schedule for site development including number of
phases,their approximate duration,the type and quantity of
development per phase,how each phase relates to the other phases
and ensures general compliance with City Code,site development
standards including ratio of developed space to open space,
percentage of usable open space to be provided,proposed
development envelopes (height and coverage)and ratio of uses,if a
mixed use development.
The Hearing Examiner may refuse to approve any master
site plan application if the Examiner feels there is inadequate
detail upon which to render such an approval under this ordinance.
B.Governmental Site Plans.
1.Large-Scale or Campus Plans.
In addition to the contents of the application required
for nongovernmental site plans,the application for governmental
site plans shall include five copies of any existing Capital
Facilities Plan.
2.Numerous Geographically Separated Parcels.
Reserved.
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ORDINANCE NO.4551
4-35-4,HEARING AND APPEAL.
A.Hearing.A hearing to consider a master site plan
application,except for master site plans covered by section 4-35-
a,will be held before the Hearing Examiner following publication
of notice in the same manner as for a site plan approval.The
Examiner will have the same authority for approval,denial and
modification as granted to him under City Code section 4-31-33.E,
except that the modifications may only relate to the master plan
itself and the Examiner's approval should not require site specific
details such as landscaping,buffering,location of walkways,etc.
except to establish general project criteria as set forth in City
Code sections 4-31-33.0.1 and 0.2.The Examiner may determine that
it is appropriate to issue a master site plan approval,approve
certain elements of the master site plan application,or
conditionally approve and/or defer other elements or issues for
administrative site plan review.For example,the Examiner could
approve the setbacks and approximate square footage of a building
and defer the approval of the exact location to the administrative
site plan review stage.
B.Appeals.The final decision of the Hearing Examiner on a
master site plan application will be appealable to the City Council
within fourteen (14)days of the Examiner's decision,pursuant to
City Code section 4-8-16 of this title.
4-35-5,ADMINISTRATIVE APPROVAL OF INDIVIDUAL PHASES,
Once a master site plan has been approved pursuant to City
Code sections 4-35-4 or 4-35-8 and is still in effect,any
individual phase,structure or improvement will be subject to
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ORDINANCE NO.4551
individual site plan approval pursuant to City Code section 4-31-
33,except that the review and approval will be administrative in
nature and will not require a Hearing Examiner hearing.
As part of the administrative consideration of approval of
individual phases of a master site plan,there shall be public
notification of such application announcing that the application
has been received and that the administration is accepting public
comment for a period of thirty days.The pUblic notice shall be
posted and published in the same manner as would be a Hearing
Examiner's notification of pUblic hearing to consider a site plan
approval.
The administrative review shall be based upon an application
conforming with the requirements and judged upon the criteria of
City Code section 4-31-33.Approval of the master site plan may
have satisfied portions of City Code section 4-31-33 and the
department administrator or his or her designee has discretion to
waive those portions of the requirements of City Code section 4-31-
33 that have been-satisfied by the master site plan approval.
Whenever the department administrator or his or her designee has
discretion to note those portions of the requirements of City Code
section 4-31-33 as having been satisfied by the master site plan
approval,such sections of the Code shall be detailed and that
portion of the approved master site plan wherein the requirements
were satisfied shall be cited by the department administrator or
his or her designee in the approval of the individual phase or
phases and waive further consideration of them.There may be three
types of administrative site plan approval:(1)an approval that
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ORDINANCE NO.4551
the application for individual site plan approval is consistent
with the master site plan approval;(2)an approval following a
minor modification of the site plan approval pursuant to City Code
section 4-35-6;and (3)an approval following major modification to
the master site plan approval pursuant to City Code section 4-35-6.
Any decision on an administrative site plan approval shall be
appealable as an administrative decision pursuant to City Code
section 4-8-11.
4-35-6,MODIFICATIONS.
Major modification to an approved master site plan will
require a hearing before the Hearing Examiner and an amended
application pursuant to this chapter.Major modifications involve
a substantial change in the concept I intensity,density,use or
phasing of the approved master site plan.Minor modifications will
be permitted by administrative determination.A minor modification
shall be a modification that:
a.involves no more than a ten percent (10%)increase
in square footage of the overall floor area over that proposed in
the master site plan;
b.will not have a significantly greater impact on the
environment and facilities than the approved plan;
c.does not change the boundaries of the originally
approved plan;
d.or,alternatively,complies with the special
development standards established under the Zoning Code such as the
P-Suffix development standards for pUblic facilities.
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ORDINANCE NO.4551
Since the master site planning approval is a conceptual
process without a great deal of detail,substantial flexibility and
discretion is granted to allow modifications under this section.
In determining whether a maj or or minor modification has been
proposed,the department administrator or his or her designee will
consider if the basic design plan,overall project,intensity and
density are not changed.
4 - 35 -7 ,TIME LIMITATIONS FOR OTHER THAN GOVERNMENTAL SITE
PLANS.
The master site plan approval granted under City Code section
4-35-4 shall be valid for time established within that approval.
Normally,master site plan approval shall be for a period of six to
ten years.However,for projects of over one hundred acres,upon a
showing of need,the Hearing Examiner can grant an approval that
will be valid for up to twenty (20)years.The Hearing Examiner
shall establish a duration for the validity of the master site
planning approval based upon such factors as size,complexity,
capital requirements,market necessities and other factors,but
should be flexible in establishing the duration of the approval.
Whenever a master site plan approval is granted for more than
ten (10)years,there shall be a review hearing of the approval at
the end of ten (10)years.At that time the Hearing Examiner shall
conduct a public hearing to review the concepts and scope of the
project,the development pattern in the general area,changes in
laws,and whether or not the project phases are being developed in
the manner and timing as originally proposed in order to determine
that the approval should remain in effect.The approval shall
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remain in effect unless the Examiner determines upon clear,cogent,
and convincing evidence that there has been a substantial change in
circumstances,whether legal or factual,such that the project
would not receive approval if considered initially at the time of
the review hearing and would not be in the public interest,in
which case the master site plan approval shall lapse and the
project will no longer be considered vested under this ordinance.
Such a determination by the Hearing Examiner would be appealable to
the City Council as a decision under section 4-35-4.B.
Whenever master site plan approval has been given and the
approval involves more than a single phase,then a time limitation
shall be established for conunencement of the first phase of the
project.SUbject to extensions of time as permitted in this
ordinance,failure to conunence construction of any individual phase
within the time limits permitted,shall result in loss of master
site plan approval.
A single two (2)year extension of any individual phase of the
master site plan approval may be given,which two year extension of
an individual phase shall likewise extend the master site plan
approval for two years,and the master site plan approval as a
whole shall receive no more than a five year extension without
prior Hearing Examiner approval with respect to any individual
phase,but the project as a whole shall receive no more than a five
year extension without prior Hearing Examiner approval.Such
extension may be given by the Hearing Examiner following pUblic
notification of the application for extension,but no pUblic
hearing shall be required for such extension unless the City,the
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applicant or some party showing the likelihood of actual monetary
or environmental damage requests such a public hearing.
4-35-8,GOVERNMENTAL SITE PLAN APPROVALS.
Governmental units including,but not limited to,any
municipal corporation established under the laws of the state of
Washington which are required to plan under the Growth Management
Act or otherwise,and are required to or have developed a Capital
Facilities Plan and Funding Plan,may obtain a governmental master
site plan approval.The application for the governmental site plan
approval shall consist of the Capital Facilities Plan and,if
appropriate,a financing plan,together with that information
required under City Code section 4-35-3.B.The governmental master
site plan approval for City of Renton projects shall be valid for
six (6)years or the period covered by the Capital Facilities Plan,
whichever is shorter.The governmental master site plan may be
approved following public hearing by the City Council if such
hearing occurs in conjunction with Council consideration of the
Capital Facilities Plan required pursuant to Chapter 36.70A.RCW,
and by the Hearing Examiner for other governmental master site plan
approvals.Any governmental master site plan approval may be
extended following any change to the Capital Facilities Plan,
financing,phasing or duration of the plan if it is determined by
the administration that such change is not a major modification to
the governmental master site plan approval.
4-35-9,RECOGNITION OF EXISTING MASTER PLANS.
Where there exists plans of a nature essentially equivalent to
a master plan,which have undergone City scrutiny and have complied
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with SEPA,and which meet the general provisions of this ordinance
and have undergone a pUblic hearing with proper notification,then
the City may process a request to certify that existing plan as an
existing master plan for the number of years remaining on the
previously approved plan,just as if it had complied fully with
this ordinance.
4-35-10,VESTING.
The rights of an applicant under the Comprehensive Plan and
Zoning Code to construct all elements I phases and improvements
shown or described in a master site plan,if approved,or approved
with conditions,shall vest upon master site plan approval.At the
time of building permit application,or administrative site plan
approval,the improvements shall be designed and approved pursuant
to the then existing codes such as the applicable Building Code,
Fire Code,Plumbing Code and other developmental codes.
4-35-11,APPEALS OP ADMINISTRATIVE SITE PLAN APPROVALS.
Any decision on an administrative site plan approval shall be
appealed as an administrative decision pursuant to City Code
section 4-8-11.Any appellant must be seeking to protect an
interest that is arguably within the zone of interest to be
protected or regulated by this ordinance,must allege an injury in
fact,and that injury must be real and present rather than
speculative.
SECTION III.This ordinance shall be effective upon its
passage,approval,and thirty days after publication.
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ORDINANCE NO.4551
PASSED BY THE CITY COUNCIL this 18th day of September,1995.
APPROVED BY THE MAYOR this 18th day of September
City Clerk
,1995.
Approved,~to legal form:
~J~-
ORD.366f-7/13/95-as.
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CITY OF RENTON,WASHINGTON
SUMMARY OF ORDINANCE NO.4551
AN ORDINANCE OF THE CITY OF RENTON,WASHINGTON,AMENDING
TITLE IV (BUILDING REGULATIONS)OF ORDINANCE NO.4260
ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF
RENTON"BY ADDING CHAPTER 3S ENTITLED MASTER SITE PLAN
APPROVALS"AND AMENDING CITY CODE SECTION 4 -31-33 •C.8
RELATING TO SITE PLAN APPROVALS.
This ordinance addresses the following matters.
Section I amends the site plan review process to conform it to
the master site plan approval process.Section II adopts a master
site plan process to provide a site plan approval at the conceptual
stage for those projects occurring over a long period of time and
which are of such size,complexity or duration as to make
independent site plan review burdensome,difficult or inclined to
lead to segmented and inconsistent conditions and approvals.
The ordinance defines the types of projects to which it
applies,the review cri ceria,details the contents of the
application,establishes a pUblic hearing before the Hearing
Examiner and provides for appeals.The ordinance allows for
administrative approval of individual phases of the site plan that
have received master site plan approval,provides a method for
modifications and provides time limits for other than governmental
site plans.The ordinance provides for governmental site plan
approvals as part of a Capital Facilities Plan.The ordinance
provides for recognition of existing master plans and defines the
vesting of rights of the applicant upon approval of the master site
plan approval.The ordinance also provides for appeals of
administrative site plan approvals.
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ORDINANCE NO.4551
A full text of this ordinance will be mailed,without charge,
upon request to the City Clerk.
Date of Publication:9/22/95
ORD.509-7/13/95-as.
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