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HomeMy WebLinkAboutORD 4039 � `� Amends Ordinance No. 3051 , 3091, 3516, 3592, 3607, 3616 � Amended by Ordinarice No. 4060 �13�jj i 5153 CITY OF RENTON, WASHINGTON ORDINANCE NO. 4039 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON AMENDING CHAPTER 27 OF TITLE IV (BUILDING REGULATIONS) OF ORDINANCE NO. 1628 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF REPdTON" BY DELETING THE EXISTING CHAPTER IN ITS ENTIRETY AND SUBSTITUTING IN ITS PLACE A NEW RENTON PLANNED UNIT DEVELOPMENT ORDINANCE THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON DO ORDAIN AS FOLLOWS: SECTION I: Existing Chapter 27 of Title IV (Building Regulations) of Ordinance No. 1628 entitled "Code of General Ordinances of the City of Renton" is repealed in its entirety. SECTION II: The following is hereby adopted as Chapter 27 of Title IV (Building Regulations) of Ordinance No. 1628 entitled "Code of General Ordinances of the City of Renton" : (See attached Renton Planned Unit Development Ordinance incorporated herein as if fully set forth) SECTION III: This Ordinance shall be effective upon its passage, approval and thirty days after publication. PASSED BY THE CITY COUNCIL this 19th day of January, 1987 . L� � Maxine E. Nlotor, City Clerk APPROVED BY THE MAYOR this �9th day of January, 1?87 . t�a�.�ach.c�,�k►, �'�u�c-`�.� Barbara Y. Shinpoch, Mayor Approv d as to form: Lawrence J. Warre , City Attorney Date of Publication: January 23 , 1987 Published in Summary t e � ' , • ' � ORDINANCE N0. 4039 � RENTON PLANNED UNIT DEVELOPMENT ORDINANCE 4-2701: TITLE: There is hereby established and created a "Planned Unit Development Ordinance" to be hereinafter known and designated as the "Renton Planned Unit Development Ordinance" and may be cited as such. Hereinafter the Ordinance will be referred to as "this Ordinance" and the same shall be and constitute Chapter 27, Title IV (Building Regulations) of Ordinance No. 1628 known as "Code of General Ordinances of the City of Renton." 4-2702: PURPOSE: There are two principal purposes of the Planned Unit Development Ordinance. First, it is the purpose of this Ordinance to preserve and protect natural features of the land, especially where steep slopes or other environmentally sensitive areas exist, and to take into account special conditions of topography and soil stability. Second, it is also the purpose of this Ordinance to encourage innovation and creativity in the development of new residential areas in the City of Renton, to create desirable neighborhoods for family and community life, to make maximum use of new concepts and technology of land development and building construction, and to carry out the objective and spirit of the Renton Comprehensive Plan by allowing development that will provide particular public benefits. In order to accomplish these purposes, this Ordinance permits new development which is not limited by the strict application of the City's zoning and subdivision regulations when it is demonstrated that such new development will be superior to traditional lot-by-lot development. In pursuing the first purpose, the specific objectives of this Ordinance are to: l. Preserve as much as possible the natural characteristics of the land, including topography, native vegetation and views; Z. Reduce the risks of construction in hazardous or environmentally sensitive areas; 3. Preserve and/or create wildlife habitat; and i 1 Ordinance No. 4039 4. Encourage and permit flexibility in design, placement and configuration of buildings, use of open space, circulation facilities, and parking areas in order to best utilize the potential of sites characterized by special features of geography, topography, size or shape, while at the same time, maintaining substantially the same population density and area coverage permitted in the zone in which the project is located. � Other objectives of this Ordinance are to: 5. Encourage development of housing types that will be compatible with adjacent existing and proposed uses and that will be beneficial to the community; 6. Encourage the development of a viable housing stock that enhances the image of the City; 7. Create and/or preserve usable open space for recreation and aesthetic enjoyment of residents; 8. Encourage creativity in design; 9. Provide for maximum efficiency in the layout of streets, utility networks, and other public improvements; 10. Provide a guide for property owners, the public and City officials in reviewing and approving new developments proposed under this Ordinance. 4-2703: DEFINITIONS: For the purposes of this Ordinance, certain terms, phrases, words and their derivatives shall be construed as specified in this Section. Words used in the singular include the plural, and the plural the singular. The word "shall" is mandatory; the word "may" is permissive. 1. Common Areas. A parcel or parcels of land or an area of water or a combination of land and water within the site designated for a Planned Unit Development and designed and intended for the use or enjoyment of residents of a Planned Unit Development. Common areas may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents of the Planned Unit Development. 2. Developer. A person, partnership, joint venture, or corporation who proposes to develop or has developed a Planned Unit Development, pursuant to this Ordinance. -2- 1 � Ordinance No. 4039 3. Land Owner. The legal or beneficial owner or owners of all the land proposed to be included in a Planned Unit Development; a contract purchaser or any other person having an enforceable proprietary interest in such land shall be deemed to be a land owner for the purpose of this Ordinance. 4. Leqal Ownership. The proprietary interest of a land owner as defined above. 5. Open Space. A parcel or parcels of land or an area of water or a combination of land and water within the site designated for a Planned Unit Development, which are without above ground parking or vehicle circulation areas, structures, or buildings, except purely recreational facilities, and which shall include but not be limited to undeveloped areas, landscaped areas, garden areas, lawns, walkways, patios, and gazebos. 6. Planned Unit Development (PUD). Any development approved and developed in accordance with the terms of this Ordinance, including a subdivision of such land, which development may occur at one time or in phases. 7. Property Owners' Association. An incorporated, nonprofit organization formed or qualified under the laws of the State of Washington, operating under recorded land agreements through which (a) each land owner is automatically a member, (b) each land owner is automatically subject to a charge for a proportionate share of the expenses for the organization's activities, such as maintaining common areas and facilities, and (c) such charge, if unpaid, becomes a lien against the property of the land owner. 8. Environmentally Sensitive Area (Severe). An area or portion of a site which is shown to contain one or more of the following natural features: as mapped and defined in the Environmentally Sensitive Areas map folio available in the Policy Development Department. - Slopes 15-25%, with Class 3 Landslide Hazard and Severe Erosion Hazard - Slopes 25-40°�, with Class 3 Landslide Hazard or Severe Erosion Hazard - Wetlands and Class 3 Earthquake Hazard 9. Environmentally Sensitive Area (Very Severe). An area or portion of a site which is shown to contain one ar more of the fallowing natural features: as mapped and defined in the Environmentally Sensitive Areas map folio available in the Policy Development Department. -3- � ,� P . Ordinance No. 4039 - Slopes 40% and Over - Slopes 25% to 40%, with Class 3 Landslide Hazard and Severe Erosion Hazard - Lands Within the 100 Year Floodway 10. Environmentally Sensitive Areas Map Folio. These maps and applicable definitions are available in the Clerk's office and in the Policy Development Department. The purpose of these maps is to alert the public and responsible officials to the potential presence of environmentally sensitive areas on the sites of development proposals. In cases of mapping error, the actual presence or absence of the features defined in this Ordinance as environmentally sensitive, as determined by qualified professional and technical persons, shall govern the treatment of an individual bui.lding site or parcel of land as environmentally sensitive. 4-2704: ADMINISTERING AUTHORITY: 1. Hearing Examiner. The Hearing Examiner is designated as the official agency of the City for the conduct of public hearings and for recommendation to the City Council. 2. Administration. The Building and Zoning Department sha.11 be responsible for the general administration and coordination of this Ordinance. 3. Reviewinq Agencies. The Building and Zoning Department, the Public Works Department, the Fire Department, the Policy Development Department, the Police Department, the Parks and Recreation Department, and the Seattle-King County Health Department sha.11 review each proposed Planned Unit Development. 4. Approvinv Aqency. The City Council, upon recommendation by the Hearing Examiner and the other agencies detailed in the paragraph above, shall be the final approving agency under this Ordinance. 4-2705: REVIEW CRITERIA: l. Scope of Review. In consideration of the latitude given and the absence of conventional restrictions, the reviewing agencies, Hearing Examiner, and City Council shall have wide discretionary authority in judging and approving or disapproving the innovations which may be incorporated into Planned Unit Developments proposed under this Ordinance. The City may approve a PUD only if it finds that the requirements of subsections 4-2705-2 through 4 have been met. -4- � 1 � � Ordinance No. 4039 2. Burden Required. Any applicant for Planned Unit Development approval shall have the burden of demonstrating that a development is in compliance with the purposes of this Ordinance and with the Comprehensive Plan, that the proposed development will be superior to that which would result without a PUD, and that the development will not be unduly detrimental to surrounding properties. 3. Public Benefit. In addition, an applicant for Planned Unit Development shall have the burden of demonstrating that a proposed development will provide specifically identified benefits to the residents of the City that clearly outweigh any adverse impacts or undesirable effects of the proposed PUD, particularly those adverse and undesirable impacts to surrounding properties; and that the proposed development will provide one or more of the following benefits to the City as part of the proposed PUD: A. Protect environmentally sensitive areas. B. Preservation, enhancement, or rehabilitation of natural features of the subject property such as significant woodlands, wildlife habitats or streams that the City could not require the applicant to preserve, enhance or rehabilitate through development of the subject property without a PUD. C. Public facilities that could not be required by the City for development of the subject property without a PUD. D. Design of the proposed PUD that is superior in one or more of the following ways to the design that would result from development of the subject property without a PUD: (1) Increased provision of open space or recreational facilities. (2) Superior circulation patterns or location or screening of parking facilities. (3) Superior landscaping, buffering, or screening in or around the proposed PUD. (4) Superior architectural design, placement, relationship or orientation of structures, or use of solar energy. 4. SDecific Review Criteria. A proposed PUD shall also be reviewed for consistency with the following criteria: -5- i Ordinance No. 4039 A. Compatibility with present and potential surrounding land uses. (Compatibility includes, but is not limited to, size, scale, mass, character and architectural design.) B. Provision of streets and pedestrian facilities which are suitable and adequate to carry anticipated traffic within the proposed project and in the vicinity of the proposed project. C. Provision of utility services, emergency services, and other improvements, existing and proposed, which are adequate to serve the development. D. An appearance of openness created by clustering, separation of building groups, and use of well-designed open space and landscaping. E. Creation of a quality environment through the provision of either passive or active recreation facilities and attractive common areas, including accessibility to buildings from parking areas and public walkways. F. Provision of internal privacy between dwelling units, and external privacy for adjacent dwelling units. Creation of a sense of privacy and separation from adjacent units through careful location of building entrances, windows, and by the use of fences, walls and landscaping. G. Oric�ntation of buildings to enhance views from within the site by taking advantage of topography, building location and style. H. Promotion of variety and innovation in site and building design. Buildings in groups should be related by coordinated materials and roof styles, but contrast should be provided throughout a site by the use of varied materials, architectural detailing, building orientation or housing type; i.e. single family, detached, attached, townhouses, etc. I. Design of the perimeter of a project to enhance adjacent uses and not create a "walled corridor" of buildings, heavily traveled streets, or light and glare. Perimeter buildings should be similar in scale and bulk to buildings on adjacent sites. J. Provision of a system of walkways which tie residential areas to recreational areas, transit, public walkways, schools, and commercial activities. -6- � � . , Ordinance No. 4039 K. Design of parking areas that are complemented by landscaping and not designed in long rows. The size of parking areas should be minimized and each area related to the group of buildings served. L. Pi•omotion of safety through adequate sight distance, separation of vehicles from pedestrians, limited driveways on busy streets, avoidance of difficult turning patterns, and minimization of steep gradients. M. Provision of safe, efficient access for emergency vehicles. N. Design of each phase of the proposed development, so that as it is planned to be completed, it will contain the required parking spaces, open space, recreation spaces, landscaping and utilities necessary for creating and sustaining a desirable and stable environment, and so that each phase, together with previous phases can stand alone. 4-2706: PERMITTED LOCATIONS: Planned Unit Developments may be permitted in any Residential zoning district, except the R-1-5 district, when processed and approved as provided in this Ordinance. 4-2707: PERMITTED USES: In an approved Planned Unit Development, only the following uses may be permitted on a property, or any portion thereof, with the respective underlying zoning classification. If a site contains mare than one zoning classification, then only the uses allowed below shall be permitted in each correspondingly zoned area. 1. G-1 and R-1 Residence Districts: A. Single family detached dwellings, and attached dwelling units provided that no structure shall contain more than four dwelling units and that each unit shall have its own ground floor access and no unit shall be located above another unit. B. Accessory uses customarily incidental to such allowed uses. 2. R-2, R-3 and R-4 Residence Districts: A. Single family detached dwellings, single family attached dwellings, duplexes, townhouses, and multiple family dwellings. -7- ' , � . . Ordinance No. 4039 B. Accessory uses customarily incidental to such allowed uses. C. Public and quasi-public uses which are compatible with surrounding uses or are an integral part of the PUD. 4-2708: MINIMUM SITE A�EA: No minimum site area shall be required for a PUD. 4-2709: PERMITTFD NUMBER OF DWELLING UNITS: The maximum number of dwelling units permitted in a Planned Unit Development shall be determined by multiplying the gross site area times the allowed base units per acre of the underlying zoning times the total of the percentage increases of each earned density bonus. Grnss site area shall mean the tntal site area before allowing for improvements, such as streets, utility easements, and circulation areas. In no case shall the number of dwelling units permitted on a site exceed the maximum permitted density of the underlying zoning of the site, as specified in subsection 4-2709-3 below. The general formulas for determining the permitted number of dwelling units in a PUD are as follows: �� of dwelling units permitted = the smaller of: [Gross site area in acres X Base density, or modified base density for environmentally sensitive areas, of the respective underlying zoning] X [100% + Sum of percentages of all bonuses earned]; or [Gross site area in acres X Maximum permitted residential densities, or modified maximum density for environmentally sensitive areas, of respective underlying zoning] l. Base Units Per Acre. The base residential density permitted in a PUD shall be: A. G-1 Zone: one (1) dwelling unit per acre. B. R-1 Zone: Four (4) dwelling units per acre. C. R-2 Zone: Eight (8) dwelling units per acre. D. R-3 Zone: Seventeen (17) dwelling units per acre. E. R-4 Zone: Twenty-four (24) dwelling units per acre. These base densities shall apply to the gross acreage of all lands within a PUD, provided that the base density of any portion of a site that is identified as containing Very Severe Environmentally Sensitive areas is reduced by seventy-five percent (75%) and the base density of any portion of a site identified as containing Severe Environmentally Sensitive areas is reduced by fifty percent (50°�). -8- Ordinance No. 4039 Z. Bonus Densities. One or more of the following density bonuses may be earned in addition to the base units per acre allowed in a PUD. The bonus percentages shall be added together before being multiplied by the permitted base density. A. Open space. A five percent (5%) density bonus if at least twenty-five percent (25%) or one-half acre, whichever is less, of the open space has a slope of ten percent or less. Such open space shall be concentrated areas and shall not be covered by standing water except occasionally during the year. B. Active recreation areas. A five percent (5%) density bonus if two or more active recreational features, such as jogging/walking trails, pools, recreation building, children's play areas, tennis courts and sports courts are provided for each one hundred (100) residential units. C. Environmentally sensitive areas. A five percent (5%) bonus for each ten percent (10%) of the site identified as having Very Severe or Severe Environmentally Sensitive features that is left undisturbed. D. Public access. A ten percent (10%) density bonus if public access which is acceptable to the City is granted to lakes, rivers, and other unusual site features (e.g. unique open space, recreation areas, etc.). E. Parking lots. A five percent (5%) density bonus if off-street parking is grouped in areas of 16 stalls or less and separated from other parking areas by significant landscaping. F. Enclosed Parking. A five percent (5%) density bonus if at least fifty percent (50%) of the parking stalls are placed underground or enclosed by walls on three sides, such as in garages. G. Arterial access. A five percent (5%) density bonus if the principal vehicular access point opens directly onto a primary or secondary arterial. H. Public transit. A five percent (5%) density bonus if public transit is available within five hundred feet (500') walking distance from the PUD. I. Security. A five percent (5�) density bonus if the PUD provides a crime prevention plan, including locks, security lighting, appropriate doors, windows and alarms approved by the Renton Police Department. -9- Ordinance No. 4039 J. Perimeter setback and buffer. A ten percent (10%) density bonus if the landscaped setback from adjacent R-1 residence districts required in Section 4-2710-3A is increased to fifty feet (50'), unless such increased setback would be required anyway due tn topography, easements or other limitations of the property. K. Private Open Space. A five percent (5%) density bonus for usable private open space in excess of minimum requirements (4-2710:3) and, specifically, when the private open space for a ground floor unit exceeds 300 square feet or 80 square feet for an upper story unit. 3. Maximum Residential Densities. The maximum residential densities that may be achieved in a PUD shall not exceed: A. G-1 Zone: 1.25 dwelling units per acre. B. R-1 Zone: Six (6) dwelling units per acre. C. R-2 Zone: Twelve (12) dwelling units per acre. D. R-3 Zone: Twenty-five (25) dwelling units per acre. E. R-4 Zone: Thirty-five (35) dwelling units per acre. These maximum densities shall apply to all lands within a PUD, provided that the maximum density of any portion of a site that is identified as containing Very Severe Environmentally Sensitive areas is reduced by fifty percent (50%) and the maximum density of any portion of a site identified as containing Severe Environmentally Sensitive areas is reduced by twenty-five percent (25%). 4-2710: DEVELOPMENT STANDARDS: l. Code Provisions That May Be Modified. In approving a Planned Unit Development, the City may modify any of the standards of the Zoning, Parking and Loading, and Subdivision Cndes except the following: A. The City may not modify any of the provisions of this Ordinance; B. The City may not modify any provision of the above codes that specifically state that its requirements are not subject to modifications under a PUD; C. The City may not modify any of the procedural provisions of these codes; and -10- , Ordinance No. 4039 D. The City may not modify any provision that specifically applies to development on a wetland, flood plain, or regulated slope. 2. Common Open Space Standard: Each PUD shall provide not less than thirty-five percent (35%) of the total site area for common open space. Open space shall be concentrated in large usable areas and may be designed tn provide either active or passive recreation or to provide a wildlife habitat. 3. Private Open Space: Each unit in a PUD shall have usable private open space (in addition to parking, storage space, lobbies, and corridors) for the exclusive use of the occupants of that unit. Each ground floor unit, whether attached or detached, shall have private open space which is contiguous to the unit and shall be an area of at least 2096 of the gross square footage of the dwelling units. The private open space shall be well demarcated and at least 10 feet in every dimension. Decks on upper floors can substitute for some of this required private open space. For dwelling units which are exclusively upper story units, there shall be deck areas totalling at least 60 square feet in size with no dimension less than five feet. 4. Setback and Height Standards. A. Setback from R-1 zones. Whenever a PUD shall abut a R-1 zoned parcel, whether developed or undeveloped, then any building or structure in the PUD shall be set back at least twenty-five feet (25') from such parcel. Such twenty-five foot (25') setback shall be open space, and shall not be utilized for parking, streets, driveways, playgrounds or other intensive uses, but such twenty-five foot (25') setback shall be landscaped as hereinabove described and maintained as a common area and open space. B. Setback and heiqht limitations ad.iacent to R-1 zones. Any structure within one hundred feet (100' ) of an R-1 zone shall be comprised of detached single family housing no more than thirty-five feet (35') in height. C. Spacinq between buildings. No minimum spacing between buildings within a PUD is required provided that each development shall provide reasonable visual and accoustical privacy for dwelling units and surrounding properties; fences, insulation, walks, barriers, and landscaping are used, as appropriate, for the protection and aesthetic enhancement of the property and the privacy of its occupants and surrounding properties, screening of -11- � � , , , , , Ordinance No. 4039 objectionable view or uses, and reduction of noise; windows are placed at such a height or location or screened to provide adequate privacy; and adequate light and air is provided to each dwelling unit. 5. Special Areas. A. Water. Planned Unit Developments which include any shore line of natural lakes, rivers and other waterways shall be governed by the requirements of Section 9-1107 of the City Code entitled "Residential Subdivision of First Class Shorelands" and "Shore Line Master Program." B. Environmentally Sensitive Areas. PUDs in areas identified as Very Severe or Severe Environmentally Sensitive areas shall be subject to special review by the City to assure stable building conditions, safe and convenient access, and minimum disruption of the natural physical features of the land. Special engineering, soils, hydrologic or geologic studies may be required to assure public safety and welfare. 6. Access, Circulation and Parking. A. General. The Planned Unit Development shall have adequate pedestrian and vehicle access and parking commensurate with the location, size and density of the proposed development. Vehicle access shall not be unduly detrimental to adjacent areas and shall take into consideration the anticipated traffic which the development may generate. B. Streets. All streets within a PUD shall be dedicated to the City for public use. Such streets shall be developed to the full minimum standards specified in Section 9-1108 of the Subdivision Code, including curbs, gutters and sidewalks. C. Parkinq. Adequate vehicular parking areas shall be provided. Vehicular parking may be provided either on-street or off-street within the PUD, provided that the total number of available spaces is at least equal to the resident and guest parking requirements specified in the Parking and Loading code (Title 4, Chapter 22). D. Pedestrian circulation. Adequate pedestrian circulation facilities shall be provided. These facilities shall be durable, serviceable, safe, convenient to the dwelling units, and separated by curb or other means from the vehicle traffic facilities. -12- � Ordinance No. 4039 7. Formation of a Property Owners Association. The developer or owner(s) of a PUD shall be required to form a legally incorporated property owners association prior to the occupancy of any portion of a PUD. If there is only one owner of the PUD, either a property owners association shall be formed or a covenant running with the land shall be filed requiring the formation of such an association prior to the first subsequent sale of the property, or portion thereof. 8. Installation and Maintenance of Common Facilities and Open Space. A. Common open space. (1) Installation. All common area and open space shall be landscaped in accordance with the landscaping plan submitted by the applicant and apprnved by the City, provided that common open space containing natural features worthy of preservation may be left unimproved. Prior to the issuance of any occupancy permit, the developer shall furnish a performance bond to the City in an amount equal to a minimum of one hundred fifty percent (150%) of the cost of the installation of the approved landscaping, which shall be planted within one year of the date of final approval of the PUD, and the maintenance of such landscaping for a period of two (2) years thereafter. A bond for providing maintenance of landscaping may be waived if a landscaping maintenance contract with a reputable landscaping firm licensed to do business in the City of Renton is executed and kept active for a two (2) year period. A copy of such contract shall be kept on file with the Building and Zoning Department. (2) Maintenance. Landscaping and unimproved common open space shall be maintained permanently by the property owners association or the owner of the PUD, or the agent or agents thereof and shall be subject to periodic inspection by the City. In the event that such landscaping or open space is not maintained in a responsible manner, the City shall have the right to provide for the maintenance thereof, and bill the property owners association accordingly. Such bill, if unpaid, shall become a lien against each individual property. -13- � • . , , , Ordinance No. 4039 B. Common facilities. (1) Installation. Prior to the issuance of any occupancy permits, all common facilities, including but not limited to, utilities, storm drainage, streets, recreation facilities, et cetera, shall be completed by the developer or, if deferred by the Board of Public Works, assured through a performance bond to the City in an amount equal to a minimum of one hundred fifty percent (150%) of the cost of installation, except for such common facilities that are intended to serve only future phases of a PUD. Any common facilities that are intended to serve both the present and future phases of a PUD shall be installed or bonded as specified above before occupancy of the earliest phase that will be served. At the time of such bonding and deferral, the City shall determine what portion of the costs of improvements is attributable to each phase of a PUD. (2) Maintenance. All common facilities not dedicated to th�e City shall be permanently maintained by the PUD owner, if there is only one owner, ar by the property owners association, or the agent(s) thereof. In the event that such facilities are not maintained in a responsible manner, as determined by the City, the City shall have the right to prnvide for the maintenance thereof, and bill the owner or property owners association accordingly. Such bill, if unpaid, shall become a lien against each individual property. 4-2711: PROCEDURE FOR APPROVAL OF PLANNED UNIT DEVELOPMENTS: The approval of a Planned Unit Development shall be by the City Council, upon recommendation by the Hearing Examiner, and shall be processed in accordance with the following procedures: l. Who May Apply. Any owner, group of owners of contiguous property acting jointly, developer, or authorized agent may submit an application for a PUD. 2. Filinq of Application. The application for preliminary approval of a PUD shall be filed with the Building and Zoning Department accompanied by a filing fee as established by the Filing Fee Ordinance. -14- � • i � � Ordinance No. 4039 3. Informal Review. Prior to making application for preliminary approval, the developer shall meet with the reviewing departments to study and review the proposed PUD. The developer shall prepare and submit to the Building and Zoning Department eight (8) copies of a tentative application with vicinity and site maps containing the information required in Section 4-2711-4 below, together with other pertinent information required by the reviewing departments. The maps may be reasonably accurate sketches. A fee as established by the Filing Fee Ordinance for a tentative PUD shall be paid by the petitioner prior to this informal review. 4. Preliminary Plan. A. Application. A preliminary development plan shall be submitted to the Building and Zoning Department and shall include the general intent of the development, apportionment of land for buildings and land use, proposed phases, if any, and such other information or documentation which the Building and Zoning Department shall require. B. Documents required with preliminary plan and application. A preliminary PUD plan application shall consist of: (1) Vicinity map. (2) Site maps of an appropriate scale including: - Names and dimensions of bounding streets. - Proposed pedestrian and circulation patterns. - Identification of building type and typical numbers of dwelling units or floor area by type. - Type and general design of off-street parking facilities. - Typical locations and area specifications for common and private open space. (3) Illustrative landscaping treatments for key locations. (4) Building Standards: Height, bulk, lot coverage and setback provisions. (5) Written information, including: - Program for development, including phasing and timing. - Proposed ownership patterns. - Tabulations of dwelling unit densities, building floor area, lot coverage and/or anticipated employees. - Statement describing the relationship of the proposed PUD to the City's Comprehensive Plan. -15- � Ordinance No. 4039 - A detailed narrative, illustrative perspective drawings, or appropriate cross-sections describing the relationship of the major elements and uses within the PUD to each other, and the relationship of the major PUD elements and structures to the surrounding properties and uses. C. Public notice. Whenever a completed preliminary plan application is received, the Building and Zoning Department shall be responsible for providing public notice of the pending application. This public notice shall be in the form of three (3) signs placed on or near the subject property and clearly visible from the largest public street serving the property and a public notice mailed to all property owners within three hundred feet (300') at the applicant's expense. The applicant shall be responsible for providing completed mailing labels and postage. The Building and Zoning Department shall also make a reasonable effort to notify by mail all known homeowners associations, community clubs or similar organizations in the neighborhood of a proposed PUD. Failure to receive such mailed notification shall have no effect upon the proposed action or application. The notices shall state the nature and location of the proposed development, the public approvals that are required, and the opportunities for public comment. A twenty-one (21) day public comment period shall be provided prior to any public hearing by the City on a preliminary plan application. D. Phasing. Planned Unit Developments may be proposed to be developed in one or more phases. If developed in phases, each phase of the PUD shall contain adequate parking, open space, recreation space, public benefits, landscaping, buffering, circulation, utilities and other improvements necessary so that each phase, together with any earlier phases, may stand alone and satisfy the purposes of this Ordinance. Further, each phase must meet the requirements of Section 4-2705-3, unless the public benefits have been met by previously approved phases. E. Review and approval. The preliminary plan shall be circulated to all reviewing departments for comments. The Building and Zoning Department shall determine that the plans comply with the development policies of the Renton Comprehensive Plan and this Section and shall make a recommendation to the Hearing Examiner accordingly. -16- Ordinance No. 4039 After public hearing, the Hearing Examiner shall recommend approval, approval with conditions, or denial of the preliminary plan. The City Council, upon recommendation of the Hearing Examiner, shall approve, modify or deny the preliminary plan PUD. City Council action to approve a preliminary plan PUD shall be by ordinance and shall include an accurate description af the boundaries, land uses and number of units of the PUD, and any phases thereof, as well as the effective date of approval and the date of expiration of such approval. The preliminary plan shall be approved or denied within twelve (12) months of the date of filing of the application, or within eighteen (18) months of the date of filing of the application when an environmental impact statement or other permit or approval required by another public agency is required in order to approve the preliminary plan. F. Appeal. The action, by ordinance, of the City Council to approve, modify or deny a PUD shall be final and conclusive, unless within thirty (30) days of the effective date of the ordinance an aggrieved party obtains a writ of review from Superior Court. If Council acts in appeal to approve a preliminary PUD, the decision will include an effective date of approval consistent with 4-2711:4E. G. Effect of an approved preliminary plan. The approval of a preliminary plan constitutes the City's acceptance of the general project, including its density, intensity, arrangement and design. Approval authorizes the applicant or subsequent owner to apply for final plan approval of the PUD or phase(s) thereof. Preliminary plan approval does not authorize any building permits or any site work except that required for surveying and engineering of the final plan or that required by the City for improvements that are necessary for a particular phase of the PUD for which final plan approval has been granted. An approved preliminary plan binds the future PUD site and all subsequent owners to the uses, densities, and standards of the preliminary plan until such time as a final plan is approved for the entire site or all phases of the site, or a new preliminary plan is approved, or the preliminary plan is abandoned or expires subject to the provisions of Section 4-2713. -17- Ordinance No. 4039 H. Zoning map revised. Upon the authority of the approval ordinance of a preliminary plan PUD, the City shall place the "PUD" designation as an overlay on the subject property on the City of Renton Zoning Map. I. Sale of Planned Unit Development. If a developer sells the site or a portion of the site after preliminary approval, such sale shall not prevent final approval of the Planned Unit Development, providing that any succeeding owner agrees to comply with the requirements of this Section, and any and all conditions or covenants that have been established for the approved PUD. 5. Merger of Review Staqes. The applicant may request that review and decision on the preliminary plan and final plan be merged in one decision. The merged decision shall follow the procedural steps required of a preliminary plan. However, the applicant shall submit all plans and information in the detail required for a final plan and shall comply with all other requirements and standards for a final plan. 6. Final Plan. A. Time Limits. The developer shall, within two (2) years of the effective date of action by the City Council to approve the preliminary plan, submit to the Building and Zoning Department a final development plan showing the ultimate design and specific details of the proposed Planned Unit Development or the final phase or phases thereof. Upon application by the developer, the Hearing Examiner may grant an extension of the approved preliminary plan for a maximum of twelve (12) months. Application for such extension shall be made at least thirty (30) days prior to the expiration date of preliminary plan approval. Only one such extension may be granted for a PUD. If a final development plan is not filed within such two (2) years or within the extended time period, if any, the PUD preliminary plan shall be deemed to have expired or been abandoned and shall be subject to the provisions of Section 4-2713. B. Application. A final plan application shall be submitted for a PUD, or a phase thereof, to the Building and Zoning Department. The proposed final plan shall be in substantial conformance with the approved preliminary plans, including phasing, subject to the provisions of Section 4-2711-6D. The application shall be accompanied by an appropriate fee as specified in the Fee Ordinance and shall include the following: -18- Ordinance No. 4039 (1) Vicinity map. A vicinity map drawn to an appropriate scale which shall show all adjacent subdivisions, true north arrow, type of existing land use, zoning, streets and tract lines of acreage parcels with the names of owners of record. The map shall show the streets in the proposed PUD and their relationship with existing and proposed streets in adjacent subdivisions or undivided properties. (2) Site maps. A map or maps of the site drawn to a scale of not less than one inch representing forty feet (1" = 40') showing the following proposals: - Names and dimensions of streets bounding or touching the site. - Pedestrian and vehicular circulation patterns. - Buildings including identification of types and number of dwelling units in each or use of building. - Dimensions between buildings. - Off-street parking facilities. - Areas to be landscaped. - Existing surface drainage system. - Locations, dimensions and area of common and private open space. - The information listed in Sections 9-1106 21 (2) through 9-1106 21 (11) of the City Code entitled "Tentative, Preliminary and Final Plat Requirements." - Any other pertinent information required to review the PUD. (3) Landscapin� plan. A landscaping plan at a scale of one inch representing ten feet or twenty feet (1" _ 10'/20') indicating planting bed dimensions, north arrow, plant layout and identification plant list, size and spacing of plants and irrigation. (4) Buildinq elevations. Elevation or perspective drawings to scale to illustrate the architectural character of structures. (5) Written information. In addition to the information noted above, the developer shall submit a written statement with the necessary illustrations providing the fallowing information: - Program for development, including staging or timing of development. - Proposed ownership pattern upon completion of development. - Basic content of restrictive covenants. -19- � Ordinance No. 4039 - Provisions to assure permanence and maintenance of common open space through homeowners association formation, condominium development or other means acceptable to the City. - Statement or tabulation of dwelling unit densities proposed. C. Public notice. Public notice shall be provided in the manner prescribed for preliminary plans. D. Major and minor modifications. (1) Minor modification. As part of the approval of a final plan, the City may require or approve a minor deviation from the preliminary plan if -- (a) The change is necessary because of natural features of the subject property not foreseen by the applicant or the City prior to the approval of the preliminary development plan; or (b) The change will not have the effect of significantly reducing any area of landscaping, open space, natural area or parking; or (c) The change will not have the effect of increasing the density or significantly increasing the total amount of floor area of the PUD; or (d) The change will not result in any structure, circulation or parking area being moved significantly in any direction; or (e) The change will not reduce any setback approved as part of the preliminary plan by more than 10°� and the required minimum setback is met; or (f) The change will not result in a significant increase in the height of any structure as approved in the preliminary plan; or (g) The change will not increase or create any adverse impacts or undesirable effects on the surrounding neighborhood. (2) Major modification. Major modifications are those which substantially change the basic design, density, circulation, or open space requirements of the PUD. Major modifications to a preliminary plan PUD shall be processed as a new preliminary plan. -20- * � Ordinance No. 4039 E. Review and approval. The final plan shall be reviewed by the departments and the Hearing Examiner, in the manner prescribed for preliminary plans, to determine if the final plan is in substantial conformance with the approved preliminary plan and is consistent with the purposes and review criteria of this Ordinance. After a public hearing thereon, the Hearing Examiner shall make a decision to approve, approve with conditions or deny the final plan. The decision shall include a description of the elements of the approved PUD, including land uses, number of units, phasing, the effective date of approval and of expiration, time limits, required improvements and the schedule for implementation, and any conditions that may apply to the PUD. F. Phasing. If developed in phases, each phase of the PUD shall contain adequate parking, open space, recreation space, public benefits, landscaping, buffering, circulation, utilities and other improvements necessary so that each phase, together with any earlier phases, may stand alone and satisfy the purposes of this Ordinance. Further, each phase must meet the requirements of Section 4-2705-3, unless the public benefits have been met by previously approved phases. G. Appeal. The Hearing Examiner's decision on a final plan PUD may be appealed to the City Council within fourteen (14) days from the date of the decision, pursuant to Section 4-3016. If the Hearing Examiner acts on appeal to approve a final PUD, the decision will include an effective date of approval consistent with 4-2711:6E. H. Effect of an �pproved final plan. (1) Standards superimposed. The final approval of a Planned Unit Development, under the procedures detailed in this Ordinance, shall superimpose the requirements of that specific approved Planned Unit Development on the underlying zone regulations as an exception thereto, to the extent that the requirements of the Planned Unit Development modifies or supersedes the regulations of the underlying zone. Final plan approval shall be binding upon property or the respective phase(s) with regards to density, open space, uses, and other standards until such time as a new final plan PUD is approved or the final plan expires or is abandoned subject to Section 4-2713. -21- , ' , . . . Ordinance No. 4039 (2) Covenants required. As a condition of final plan PUD approval, covenants shall be executed that run with the land, and with all subdivided portions thereof, stating that such property is part of an approved PUD, and including the file number thereof and a description of the uses, densities and phases of the approved PUD. Such covenant shall also be recorded for each property created through any subsequent subdivisions. (3) Extension of time limits for remaininq vhases. Approval of a final plan for any phase of the approved preliminary plan shall constitute an extension for two (2) years of the remainder of the preliminary plan, from the effective date of Hearing Examiner action on the final plan. (4) Construction of the PUD. Approval of a final plan PUD is authorization to apply for building permits to construct the PUD. The developer shall prepare and submit building permit applications which are accepted as substantially complete to the Building and Zoning Department within six (6) months of the effective date of approval. The developer shall complete the approved Planned Unit Development or any phase thereof included in the approved final plan within two (2) years from the date of the decision to approve the final plan by the Hearing Examiner, unless the Examiner designates a shorter time. Failure to complete the PUD, or any phase thereof, within this time limit, will require the submittal of a new preliminary and final plan application in order tn continue construction of the PUD. Failure to submit a new application ar to complete the PUD once construction has begun shall constitute abandonment of the PUD subject to Section 4-2'713. Expiration of any building permit issued for a PUD shall be governed by the provisions of the applicable building code. Construction of any portion of the PUD requires a current approved PUD and a current building permit. (5) Public Notification Signage. Prior to issuance of any building permits for a final PUD, the applicant will erect and maintain in a legible manner a sign which is large and prominant, and which graphically portrays all phases of the preliminary PUD including dwelling unit types, numer of units, parking, open space, and recreational facilities. The purpose of this temporary sign is to inform neighbors and future residents about future development plans and -22- T � f • Ordinance No. 4039 . � configuration. If the PUD has any ma�or modifications permitted to it, then this sign shall similarly be modified to comply with the modified PUD. Any sign erected pursuant to this code section shall be exempt from the provisions of the sign code. The sign is to be removed at such time as the Final PUD has been approved and constructed. 7. Consolidation of PUD and Subdivision Approval. Wherever a Planned Unit Development is intended to be subdivided into smaller parcels, an application for Preliminary Plat approval may be submitted together with the application for final plan PUD approval. In such case, the Preliminary Plat and the final plan PUD shall be processed and reviewed concurrently. Subsequent to final plan PUD approval, a PUD may also be subdivided by the Binding Site Plan process as provided in Section 9-1106-4. 4-2712: BUILDING AND OCCUPANCY PERMITS: l. Building permits shall be issued for construction in Planned Unit Developments only in accordance with the final plan and program elements of the final plan as approved by the Hearing Examiner. Minor adjustments to the final plan which involve only insignificant revisions to the exact location and configuration of buildings, roadways, open space or other features and do not involve any changes in density, relative density within the site, intensity, architectural style, housing type or other significant characteristics of the PUD, may be approved by the Building and Zoning Department when issuing building permits. Adjustments that are determined by the Building and Zoning Department to not be minor adjustments shall require the submittal of a new final plan or preliminary plan application, according to Section 4-2711-6D. 2. The Building and Zoning Director may issue a temporary or final occupancy permit subject to any conditions appropriate to insure the public health, safety and general welfare, and to insure the timely execution of the remainder of the Planned Unit Development. Prior to issuance of the permit the Director shall find: A. That the developer is engaged in the continuation of the construction of the remainder of the PUD application. B. That all requirements of the PUD approval, and required health and safety ordinances of the City have been satisfied. -23- . • y V t � f • Ordinance No. 4039 � a C. That the partial occupancy has been granted deferrals of on-site or off-site improvements not yet completed pursuant to provisions of the Renton Municipal Code. D. That partial occupancy will be in the general public interest, and not detrimental to the public health, safety and welfare. 4-2713: EXPIRATION OR ABANDONMENT OF A PUD: 1. Expiration. Expiration of an approved preliminary plan shall be defined as failure to satisfy the time limits or other requirements of submitting a final plan application. Expiration of an approved final plan PUD shall be defined as failure to initiate construction of a PUD. Expiration can only occur if no on-site construction has begun. Upon expiration of a preliminary or final plan, the undeveloped site may only be developed if a new preliminary and final plan PUD is approved or if the City Council, by ordinance, removes the "PUD" designation and revokes the original approval. 2. Abandonment. A. Abandonment defined. Abandonment of a preliminary and/or final plan for the purpose of this Section shall mean the failure and neglect of the developer to meet the requirements of Section 4-2711-6H(4) or to diligently pursue the project and the improvements incidental thereto for a period of six (6) months, after beginning or completing construction of any of the residential units, utilities, streets or other improvements of any phase of a PUD. B. Resuminq development of an abandoned PUD site. In order to resume development of an abandoned PUD site, a new final plan application shall be submitted for any partially completed phase of the PUD and a new preliminary plan application shall be submitted for all remaining portions of the site. In any case, all subsequent preliminary or final plans shall adhere to the Renton City code provisions in force at the time of re-submission including open space, dwelling unit density and setback requirements. No building permits shall be issued, renewed or extended until such new preliminary or final plans are approved. C. Occupation of structures. Any finished structures, short of full implementation of an approved final plan for a PUD or those phases thereof, may be occupied upon the issuance of a Conditional Use permit by the Hearing Examiner, -24- . � w , . » . . Ordinance No. 4039 � together with such conditions, covenants or other terms in order to assure compliance with the requirements of Section 4-2710 and/or any other applicable provision of this Qrdinance and the City's Zoning Code. 4-2714: RELATIONSHIP OF THIS ORDINANCE TO OTHER ORDINANCES: Where provisions of this Ordinance are in conflict with provisions of the Zoning Ordinance or the Subdivision Ordinance, the requirements of this Ordinance shall prevail. 4-2715: LIABILITY: City Not Liable. This Ordinance shall not be construed to relieve or lessen the responsibility of any person owning, building, altering or constructing any Planned Unit Development in the City for damages to anyone injured or damaged either in person or property by any defect therein; nor shall the City, or any agent thereof, be held as assuming such liability by reason of permit or inspection authorized herein or a certificate of inspection issued by the City or any of its agents. 4-2716: SEVERABILITY: If any part or portion of this Ordinance is determined to be unconstitutional by a court of competent jurisdiction, such determination shall not affect the remainder of this Ordinance. 4-2717: PENALTY: It shall be unlawful for any person, firm or corporation to construct, enlarge or change any land or Planned Unit Development in the City or cause or permit the same to be dnne contrary to or in violation of any of the provisions of this Ordinance. Any person, firm or corporation violating any of the provisions of this Ordinance, shall, upon conviction, be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Ordinance is committed, continued or permitted; and upon conviction of any such violation such person shall be punishable by a fine of not more than five hundred dollars ($500.00), or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment. -25-