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HomeMy WebLinkAboutPlanned Unit Development (1975) CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING AND CREATING A "PLANNED UNIT DEVELOPMENT ORDINANCE" TO BE HEREINAFTER KNOWN AND DESIGNATED AS THE "RENTON PLANNED UNIT DEVELOPMENT ORDINANCE" AS CHAPTER 27, TITLE IV (BUILDING REGULATIONS) OF ORDINANCE NO. 1628 KNOWN AS THE "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON" REGULATING THE USES PERMITTED DESIGN, STANDARDS, PROCEDURES, AND PRESCRIBING PENALTIES FOR THE VIOLATION THEREOF. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO HEREBY ORDAIN AS FOLLOWS: SECTION I: 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 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". SECTION II: Purpose. It is the purpose of this Ordinance to encourage innovation and creativity in the development of new residential, commercial and industrial areas in the City of Renton. The City of Renton contains substantial acreage appropriate for residential, commercial and industrial development. In order to make optimum use of these areas, to create desirable neighborhoods for family and community life, to encourage employment opportunities and a viable tax base that will be an asset to the community, to take into account special conditions of topography and soil stability and 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, it is the purpose of this Ordinance to encourage new development not limited by the strict application of the City"s zoning and subdivision regulations. To promote the purpose of this Ordinance, this Ordinance will be administered under the special permit procedures as detailed hereinbelow. -1- More specifically, it is the purpose of this Ordinance to: A. Encourage development of a variety of housing types. B. Encourage the development of a viable economic base that enhances the image of the City. C. Create and/or preserve usable open space for recreation and aesthetic enjoyment of residents and employees. D. Preserve as much as possible the natural characteristics of the land, including topography, native vegetation and views. E. Avoid construction in hazardous areas. F. Preserve and/or create wildlife habitat. G. Encourage creativity in design. H. Provide for maximum efficiency in the layout of streets, utility networks, and other public improvements. I. Provide a guide for developers and city officials who review and approve residential, commercial and industrial developments meeting the standards and purposes of this Ordinance. J. Encourage the development of uses that will be compatible with adjacent existing and proposed uses and that will be beneficial to the community. K. Allow development of large tracts of property in phases over an extended period of time. L. To encourage flexibility that will permit a more creative approach to the development of land and will result in a more efficient, aesthetic and desirable use of open area, while at the same time, maintaining substantially the same population density and area coverage permitted in the zone in which the project is located. -2- M. To encourage and permit flexibility in design, placement of buildings, use of open spaces, circulation facilities, parking areas, and to best utilize the potential of sites characterized by special features of geography, topography, size or shape or proposed uses of land. SECTION III: Definitions. For the purpose 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. 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 structures or buildings of any nature whatsoever, and which shall include but not be limited to landscaped areas, garden areas, lawns and other undeveloped areas. 2. 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 and employees 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 re- sidents and employees of the Planned Unit Development. 3. Developer. A person, partnership or corporation who proposes to develop or has developed a Planned Unit Development. 4. Property Owners' Association. An incorporated, nonprofit organization 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 property, and (c) a charge, if unpaid, becomes a lien against the property of the land owner. 5. Industrial Development. Any Planned Unit Development designed and intended primarily for industrial uses which shall include, but is not limited to, office, warehouse and manufacturing uses. 6. 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. 7. Legal Ownership. The proprietary interest of a land owner as defined above. 8. Planned Unit Development. Any development approved and developed in accordance with the terms of this Ordinance, including a subdivision of such land. 9. Residential Development. Any Planned Unit Development designed and intended primarily for residential use regardless of the type of building in which such residence is located; i.e. , convent- ional single family residences, town houses, duplexes, fourplexes, multi family structures, or apartments, but excluding mobile home parks. 10. Commercial Development. Any Planned Unit Development designed for commercial purposes which shall include, but not limited to, offices, hotels, restaurants, boat moorages, and marinas, banks, multi-family housing and similar uses. A commercial Planned Unit Devel- opment shall permit the development of property for any purpose or combination of purposes allowed under the existing zoning. 11. Multiple PUD. A planned unit development wherein there Will result a mix of several types of authorized. land uses or developments which might be otherwise impermissible or an "accessory" use under the zoning then in existence with respect to each separate phase or parcel within the Planned Unit Development area. SECTION IV: Administering Authority. 1. Official Agency. The Planning Commission is designated -4- as the official agency of the City for the conduct of public hearings; and the Planning Department is responsible for the general administration and coordination of this Ordinance. 2. Reviewing Agencies. The Planning Department, the Public Works Department, the Fire Department,and the Seattle-King County Health Department shall review each proposed Planned Unit Development. 3. Approving Agency. The City Council, after recommendations by the Planning Commission, the Planning Department, and the other agencies 3etailed in the paragraph above shall be the final approving agency under the special permit procedure. SECTION V Compliance with Purpose of Ordinance. In addition to compliance with the purpose of this Ordinance and the Comprehensive Plan, any applicant for Planned Unit Development approval shall have the burden of demonstrating that a development shall achieve public benefit as a result of any deviation from underlying zoning regulations through creation of open space or public facilities, conservation, provision of services or needed facilities or otherwise. SECTION VI: Planned Unit Development Superimposed. The granting of a special permit 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 ex- ception thereto, only to the extent that the requirements of the Planned Unit Development modifies or supersedes the regulations of the underlying zone. SECTION VII. Where Permitted. Planned Unit Developments shall be permitted in any zone within the City, including all residential zones, multi-family residential zones, business zones and industrial zones; provided, however, only a residential Planned Unit Development shall be allowed within or contiguous to a single family residence zone. -5- SECTION VIII. Minimum Site Area. 1. Undeveloped Land. A Planned Unit Development shall consist of at least four (4) acres of land exclusive of street right- of-way which may be required for widening existing or officially planned streets or roads on which the parcel of land abuts and exclusive of land under water. fb C , s y P'`• ' "'("ys 2. Developed Land. A Planned Unit Development shall consist of at least one (1) acre of land exclusive of street right-of-way which may be required for widening existing or officially planned streets or roads on which the parcel abuts, and exclusive of land under water, provided all existing dwelling units and all other structures are de- molished or removed from the site, or rehabilitated to conform to all current City codes and ordinances. Said demolition, removal or rehabi- litation may occur during the course of the Planned Unit Development, upon the prior approval of the time table for said demolition, removal or rehabilitation by the approving agency. SECTION IX: Standards and Criteria. 1. Design Standards and Procedures. A. Subdivision Requirements. A Planned Unit Development shall abide by the special permit procedures but are not limited to conduct of public hearings and recommendation by the Planning Commission and approval by the City Council. If land or structures within a proposed Planned Unit Development are to be sold to more than (1) person, partnership, firm or corporation or are to include the dedication of land, then the proposed Planned Unit Development shall be subject to the short or major subdivision proceedings in addition to the re- quirements of this Ordinance. A Planned Unit Development shall be exempt from the specific design requirements of the Subdivision Ordinance. B. Zoning Requirements. A Planned Unit Development shall be exempt from the minimum lot size and setbacks of the Zoning -6- Ordinance. The minimum lot size requirements of the residential zones shall serve as the criteria to determine Planned Unit Development den- sities when the Planned Unit Development is developed in a residential zone. 2. Open Space Required. A. Open Space. Each Planned Unit Development shall provide not less than thirty five (35%) percent of the net developable area for open space. In determining net developable area, the gross area of the Planned Unit Development shall be considered, less right-of- way for streets for widening of abutting city streets and thoroughfares, less twenty (20%) of the gross area for additional streets and internal circulation in a dvelopment, plus one hundred fifty (150%) percent of substandard floor area to be demolished or removed as part of the proposed project. Open space may be designed to provide either active or passive recreation or to provide a wildlife habitat. B. Residential Open Space. Usable open space in addition to parking and storage space shall be provided for each dwelling unit in a Planned Unit Development whose primary purposes are residential purposes, as follows: (1) For single family structures at ground level, detached or attached, private open space contiguous to the dwelling unit shall be at ground level and shall be equal to a minimum of twenty (20) percent of the site covered by the dwelling unit. Such open space shall not be less than five hundred (500) square feet. (2) All other dwelling units shall be provided open space of not less than five (5) percent of the gross square footage of the dwelling unit. Such open space shall not be less than one hundred (/O /1CJ (100) square feet. t /•'�.,, ��/,ciis trdfu'�'rh tO 6,: �. : ) C. Setback LOOM R-1 Zones. Whenever a Planned Unit ic Development shall abut or be contiguous to a developed--R-- zoned -7- 41. Setback and Height Limitations Adjacent to R-1 Zones. Additionally, any residential structure within 100 feet of a developed single family zone shall be no more than two and one-half stories or 25 feet in height whichever is less, and limited to a single family within that vertical height. -7a- I area, then any building or structure in the Planned Unit Development shall be setback at least twenty five (251) feet from the interface between the R-1 developed zone and the Planned Unit Development. Such twenty five foot setback shall be open space, and shall not be utilized for parking, streets,playgrounds or other intensive uses, but such twenty five foot setback shall be landscaped as hereinbelow described and maintained as a common area and open space. 3. Residential Dwelling Unit Density. Dwelling unit density shall be no greater than allowed by the underlying zone except as modified for developed land as defined herein by Section 4.2408.1. In determining the dwelling unit density, the gross area of the Planned Unit Development shall be considered, less right-of-way for streets for widening of abutting city streets and thoroughfares, less twenty (20%) percent of the gross area for additional streets and internal circulation in a development, plus one hundred fifty (150%) percent of substandard floor area to be demolished or removed as part of the proposed project. (as defined in Section VIII 2. hereinabove.) 4. Special Areas. A. Water. Planned Unit Developments which include any shoreline of natural lakes, rivers and other waterways shall be governed by the requirements of Section 9-1107 of the City Code entitled "Resi- dential Subdivision of First Class Shorelands". B. Steep Slope. Planned Unit Developments in areas exceeding ten (10) percent slope shall be subject to special review by the Planning Commission and the Public Works Department to assure stable building conditions, safe and convenient access, and minimum disruption of the natural physical features of the land. The Public Works Department may require the applicant to furnish a report by a licensed engineer to evaluate the site. C. Geologic Hazard or Flooding. Development of areas on or near sites where land slides or flooding have been known to occur or may reasonably be expected to occur shall be subject to Section -8- 9-1108.18 of the City Code entitled "Plat Improvements and Development Standards" 5. Landscaping of Common Open Space. A. Installation. All common area and open space shall be landscaped in accordance with the landscaping plan submitted by the applicant and approved by the City. Prior to the issuance of any building permit, the developer shall furnish a performance bond to the City in an amount equal to a minimum of one hundred fifty (150) percent of the cost of the installation of the approved landscaping, which shall be planted within one (1) year of the date of final approval of the Planned Unit Development, and the maintenance of such landscaping for a period of three (3) years thereafter. A bond for providing main- tenance of landscaping may be waived if a copy of a Maintenance Contract for the landscaping through a reputable landscaping firm licensed to do business within the City of Renton is kept on file, for this three year period and the contract is kept active, or an acceptable substitute is provided. B. Maintenance. Landscaping shall be maintained by the Property Owners' Association or the owner or the agent or agents thereof and shall be subject to periodic inspection by the City. 6. Deferred Improvements. No Final Plan shall be submitted for approval by the Planning Commission to the City Council until all improvements are constructed in a satisfactory manner and approved by the appropriate departments. Certain improvements may be deferred as specified in Section 9-1108.21 of the City Code entitled "Plat Improvements and Development Standards." 7. Access. The Planned Unit Development shall have adequate pedestrian and motor vehicle access commensurate with the location, size and density of the proposed development. Motor vehicle access shall not be unduly detrimental to adjacent areas and shall take into -9- consideration the anticipated traffic which the development may generate. SECTION X: Preliminary Review 1. Who May Apply. Any owner or group of owners of contiguous property acting jointly may submit an application for a Planned Unit Development. 2. Documentation Required with Application. An application for a Planned Unit Development shall include the following to be drawn on sheets twenty-two (22) inches by thirty-four (34) inches in size: A. Vicinity Map. A vicinity map at a scale between one (1) inch representing four hundred (400) feet and one (1) inch representing one thousand (1,000) feet. The vicinity map shall show all adjacent subdivision, true north arrow, type of 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 Planned Unit Development and their relationship with existing and proposed streets in adjacent subdivisions or undivided properties. B. Site Maps. A map or maps of the site drawn to a scale of not less than one (1) inch representing forty (40) feet showing the following proposals: (1) Names and dimensions of streets bounding or touching the site. (2) Pedestrian and vehicular circulation patterns. (3) Buildings, including identification of types and number of dwelling units in each or use of building. (4) Dimensions between buildings. (5) Off-street parking facilities. (6) Areas to be landscaped. (7) Existing surface drainage system (8) Locations, dimensions, and area of common and private open space. (9) The information listed in Section 9-1106.2.I.(2) through 9-1106.2.I(11) of the City Code entitled "Tentative, Preliminary and Final Plat Requirements." -10- (10) Any other pertinent information required to review the Planned Unit Development. C. Landscaping Plan. A landscaping plan at a scale of one (1) inch representing ten (10) feet or twenty (20) feet indicating planting bed dimensions; north arrow; plant layout and identification plant list; size and spacing of plants and irrigation. D. Building Elevations. Elevation or perspective drawings to scale to illustrate the architectural character of structures. E. Written Information. In addition to the information noted above, the developer shall submit a written statement with the necessary illustrations providing the following information: (1) Program for development, including staging or timing of development. (2) Proposed ownership pattern upon completion of development. (3) Basic content of restrictive covenants. (4) Provisions to assure permanence and maintenance of common open space through Home Owners' Association formation, con- dominum development or other means acceptable to the City. (5) Statement or tabulation of dwelling unit densities proposed or number of anticipated employees. (6) Statement describing the relationship of the proposed Planned Unit Development to the City's Comprehensive Plan. 3. Filing of Application. The application for preliminary approval of the Planned Unit Development shall be filed with the Planning Department accompanied by a fee computed at One Hundred Dollars ($100.00) per acre, or a minimum of $200.00. For the purpose of the fee, a fraction of an acre shall be considered a whole acre. Any fees required by the Sub-division Ordinance shall be paid at the time of the appli- cation. In all other respects the processing of the application and the submission of information for Preliminary Planned Unit Development shall be the same as that required by the Subdivision Ordinance, except -11- that the time limitations of Sections 9-1106.2G and 9-1106.2H do not apply. 4. Informational Meetings. Prior to making application for preliminary approval, the developer shall meet with the reviewing departments to study and review the proposed Planned Unit Development. The developer shall prepare and submit to the Planning Department six (6) copies of an application with vicinity and site maps containing the information required in Section X 2. above, together with other pertinent information required by the reviewing departments. The maps may be reasonably accurate sketches. A fee of Fifty (850.00) dollars shall be submitted with the application. 5. Preliminary Approval. Following the application for preliminary approval as detailed above, the Planning Department, and Planning Commission shall review the application, and make recommendations thereon to the City Council. The City Council shall either approve or disapprove the preliminary application. 6. Expiration of Unapproved Preliminary Plans. The preliminary plans shall be approved within eight (8) months from the date of filing or the application shall be null and void. The Planning Commission may grant one (1) extension of up to four (4) months upon proper appli- cation by the developer. To revitalize the plan, it shall be resubmitted as a new Preliminary Plan. In the event, however, the applicant is diligently pursuing other governmental approvals and permits, and upon proof for excuse for delay, either by the applicant or such govern- mental organizations, an extension of time, of a period to be determined by the Planning Department, may he granted, not to exceed six (6) months. Only one such extension shall be granted. 7. Expiration of Approved Preliminary Plans. A. Small Planned Unit Developments. For Planned Unit Developments less than fifteen (15) acres in area, the developer shall -12- complete the approved Planned Unit Development within two (2) years from the date of approval of the Preliminary Plans unless the City Council designates a shorter time. Upon proper application by the developer including a fifty ($50.00) dollar fee, and for good reason, the Planning Commission may grant one (1) extension of not more than one (1) year. The request for an extension of time shall include the reasons why the extension is needed, a revised time table for completion, and any other pertinent information the Planning Department or the Planning Commission deems necessary. B. Large Planned Unit Developments. For Planned Unit Developments fifteen (15) acres in area or greater, the developer may request the Planning Commission to adopt a master plan for the entire Planned Unit Development. The master plan shall consist of but is not limited to proposed uses, densities, common areas and open space, landscaped areas, major circulation patterns, phasing, ownership and restrictions. For the master plan to remain valid, the developer shall complete each phase according to the time limitations established in A above (Small Planned Unit Developments). Upon proper application by the developer including a fifty ($50.00) dollar fee, and for good reason, the Planning Commission may grant one (1) extension of not more than one (1) year. The request for an extension of time shall include the reasons why the extension is needed, a revised time table for completion, and any other pertinent information the Planning Depart- ment or the Planning Commission deems necessary. 8. Abandonment of Incompleted Project. Upon the abandonment of a particular project authorized under this Ordinance or upon the expiration of the preliminary approval of a Planned Unit Development which has not been completed, the authorization shall expire and the land and the structures may be used only for a lawful purpose permissible within the zone in which the Planned Unit Development is located. -13- A. Abandonment Defined. Abandonment for the purpose of this section shall mean the failure and neglect of the developer to diligent_y pursue the project and the improvements incidental thereto, after City approval for a period of six (6) months from the date of such approval whether preliminary or otherwise, unless the Planning Commission and City Council designate a different time period. B. Open Space and Underlying Zone Requirements. In the event any structures, improvements or facilities have been cons- tructed, or construction therefor has commenced, and completion therefor has been abandoned as hereinabove defined, and the full plan is not being implemented, then in any such case, the open space requirements as setforth in Section IX 2, and as set forth in any approved "preliminary plan", shall be adhered to in connection with any further approved development; furthermore, if all of such improvements and facilities are completely removed, then the requirements of the applicable zone shall be controlling. C. Occupation of Structure. Any finished structures or facilities, short of full implementation of the approved plan, may be occupied upon the issuance of a rro-;>> permit by the -2-launiag /7«. /1,,.� Ge isei-o , together with such conditions, covenants or other terms in order to assure compliance with the requirements of Section IX and/or any other applicable provision of this ordinance and the City's zoning code. 9. Sale of Planned Unit Development. If a developer sells the parcel or a portion of the parcel 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 Ordinance, and any and all conditions or covenants that have been established, upon proper application to the Plaiuiiuig Deparlmeiil, wtricTi include a fifty (C50.00) dollar fee. SECTION XI: Final Review 1. Open Space. An application for final approval may be filed for any part or all of a Planned Unit Development area for which -14- preliminary approval has been granted by the City Council, provided all the improvements have been installed. A final plan for a part of a Planned Unit Development shall provide the same proportion of open space and the same overall dwelling unit density as the overall preliminary plan. If that portion o$ the Planned Unit Development for which final approval is requested does not provide such open space, the developer shall file in escrow alwarranty deed with a preliminary title insurance policy in favor of t1e City of Renton for such additional land area adjacent and accessible to the site and of sufficient size to provide the open space required to meet the standards of Section IX 2 and the approved preliminary plan. In the event that the developer I abandons the remaining portions of ttie Planned Unit Development, the escrow agent shall deliver the warranty deed to the City. 2. Documentation Required. A final Planned Unit Development map shall be filed and show the same information and data required of regular plats as provided in Section X together with any pertinent information deemed necessary by the Planning Commission or the Planning Department. Also, the application shal] he accompanied by such other documentation or information and data not lending itself to graphic presentation such as restrictive covenants, incorporation papers and bylaws of Property Owners' Associations, dedications of easements, rights-of-way, and other written documents specifically required of the particular Planned Unit Development plus anylpertinent information deemed necessary by the Planning Commission or the Planning Department. 3. Filing of Application: The applicaion for final approval of the Planned Unit Development shall be filed with the Planning Depart- ments accompanied by a fee computed at fifty ($50.00) dollars per acre, or a minimum of $200.00. For the purpose of the fee, a fraction of an acre shall be considered a whole acre. Any fee required by the Subdivision Ordinance shall be paid at the time of the application. In all other respects, the processing of the application for final approval shall be the same as that required by Section 9-1106.3 of the Subdivision Ordinance except that the time limiations of Section 9-1106.3.F and 9-1106.3.0. do not apply. -15- ' I SECTION XII: Building Permits 1. Building and other permits shall be issued for construction in Planned Unit Development areas only in accordance with the preliminary plan and program elements of the preliminary plan as approved by the City Council. SECTION XIII: Minor and Major Adjustments after Preliminary Approval. 1. Minor Adjustments. Minor adjustments may be made and approved by the Planning Department when a building permit is issued. Minor adjustments are those changes which may affect the precise dimensions of buildings and the location of buildings, but which do not affect the basic character or arrangement of buildings, the density of the development, or the open space requirements. 2. Major Adjustments. Major adjustments are those which substantially change the basic design, density, or open space re- quirements of the Planned Unit Development. When such change constitutes a major adjustment, no building permit shall be issued without a review and approval by the Planning Commission of such adjustments. SECTION XIV: Relationship of This Ordinance to Other Ordinances. Where provisions of this Ordinance are in conflict with provisions of the Zoning ordinance of the Subdivision Ordinance the requirements of this Ordinance shall prevail, except that the procedural requirements to be followed shall be those of the Special Permit Process. SECTION XV: Exceptions. The Planning Commission may recommend to the City Council an exception from the requirements of this Ordinance when, in its opinion, uidue hardship may be created as a result of strict compliance with the provisions of this Ordinance. In recommending any exception, the Planning Commission may prescribe conditions that it deems necessary to or desirable for the public interest. No exception shall be recommended unless the Planning Comission finds: -16- A. That there are special physical circumstances or conditions affecting said property such that the strict application of the provisions of this Ordinance would deprive the applicant of the reasonable use or development of his land; B. That the exception is necessary to insure such property the rights and privileges enjoyed by other properties under similar circumstances; C. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity. Application for any exception shall be submitted in writing by the applicant at the time the application for Preliminary Approval is submitted to the Planning Department. The application shall state fully all substantiating facts and evidence pertinent to the request. SECTION XVI: Liability. 1. 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, r� 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. SECTION XVII: 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. SECTION XVIII: 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 __7_ the same to be done contrary to or in violation of any of the pro- visions 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 oj. 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 ($500.00) dollars, or by imprisonment for not more than ninety (90) days, or by both such fine and imprison- ment. SECTION XIX: Effective Date. This Ordinance shall be effective upon its passage, approval and five days after its publication. PASSED BY THE CITY COUNCIL this day of Delores A.Mead, City Clerk APPROVED BY THE MAYOR this day of Tharles J. Delaurenti, Mayor Approved as to form: Gerard M. Shellan, City Attorney Date of Publication: -18- ' t 01-7 � J THE CITY OF RENTON 2 o8 i MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON. WASH. 98055 04 (o AVERYGARRETT, MAYOR • PLANNING DEPARTMENT 0 Q` 735 . 2550 ''fbSEP'Wv� September 10 , 1975 MEMORANDUM TO : Avery Garrett , Mayor FROM : Gordon Y . Ericksen , Planning Director RE : PLANNED UNIT DEVELOPMENT ORDINANCE A public hearing has been established for September 15 , 1975 on the proposed Planned Unit Development ( PUD ) Ordinance . The PUD Ordinance has been on the drafting boards in excess of seven years and is in its ninth draft. Industrial and limited commercial uses have been incorporated into the resi - dential uses allowed to broaden its application . Basically a PUD is a development in which the subdivision and zoning regulations apply to the project as a whole rather than the individual lots as in most tract housing and industrial developments . The main characteristic is that the allowed density is based upon the total ownership and permits the clustering of development thereby creating larger areas of usable open space and frequently leaves land with marginal characteristics undeveloped minimizing potential problems . There are advantages for the developer in that clustering often means that the densities can be transferred on the site from the undevelopable to developable land . Also , clustering encourages shorter streets which means that less land and money are tied up for streets and utilities . Shorter streets and utilities cost less for the City to main- tain . If a PUD were allowed in single-family zones (which the ninth edition doesn ' t permit) there are frequently less pressures to amend the comprehensive plan and rezone for more insensitive uses . The ninth edition attempts to answer the concerns expressed by the City Council and City Attorney . Primary concerns of the Council is not allowing PUD ' s in single-family areas and encouraging redevelopment of some of the City ' s problem housing areas . A few developers have indicated an interest in the PUD Ordinance and will probably attend the public hearing . Attached are some memos for background information . Attachments GRK :ms �1• 01: 1?,.. THE CITY OF RENTON 2 o MUNICIPAL BUILDING 200 MILL AVE. SO RE:JTON. 'WASH 98055 pA AVERY GARRETT, MAYOR 0 PLANNING DEPARTMENT �P 235 2550 94TfO SEPZE�O MEMORANDUM September 2 , 1975 TO : Avery Garrett, Mayor City Council • FROM: Gary R. Kruger , Associate Planner RE : Proposed Planned Unit Development Ordinance - Ninth Revised Draft Attached for your information is a copy of the above . A public hearing has been established for September 15 , 1975 , on the PUD Ordinance. Attachment cc : City Attorney ' s Office City Clerk Fire Department Library Department Park Department Public Works Department GRK: rh ! ,, « ON CcCli . r• iii:, THE CITY OF RENTON n o 8~► MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH 98055 0/3 AVERY GARRETT, MAYOR • PLANNING DEPARTMENT 09 �Q` 235 2550 4rED SEPI&�O MEMORANDUM September 2 , 1975 TO : Avery Garrett , Mayor City Council FROM : Gary R. Kruger , Associate Planner RE : Proposed Planned Unit Development Ordinance - Ninth Revised Draft Attached for your information is a copy of the above . A public hearing has been established for September 15 , 1975 , on the PUD Ordinance . Attachment cc : City Attorney ' s Office City Clerk Fire Department Library Department Park Department Public Works Department GRK: rh • PROPOSED PLANNED UNIT DEVELOPMENT ORDINANCE FOR INDUSTRIAL AND RESIDENTIAL USES ( NINTH REVISED DRAFT) 8-22-75 RENTON PLANNING DEPARTMENT PLEASE DISPOSE OF PREVIOUS EDITIONS • � ff" - v �~ z THE CITY OF RENTON A MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 0/3 4-37 AVERY GARRETT, MAYOR • PLANNING DEPARTMENT ,P.4% SE PI����Q- 235 - 2550 MEMORANDUM August 22 , 1975 TO : All Recipients FROM: Planning Department RE : Ninth Edition of Proposed Planned Unit Development Ordinance This document is the ninth revised draft of the proposed Planned Unit Development Ordinance . The Amendments re- quested by the Legislation Committee are noted by a black line along the left hand margin . GRK : rh ORDINANCE NO . AN ORDINANCE OF THE CITY OF RENTON , WASHINGTON , ESTABLISHING AND CREATING A " PLANNED UNIT DEVELOPMENT ORDINANCE " TO BE HEREINAFTER KNOWN AND DESIGNATED AS THE " RENTON PLANNED UNIT DEVELOPMENT ORDINANCE" AS CHAPTER 24 , TITLE IV ( BUILDING REGULATIONS ) OF ORDINANCE NO . 1628 KNOWN AS THE "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON" REGULATING THE USES PERMITTED , DESIGN , STANDARDS , PROCEDURES , AND PRESCRIBING PENALTIES FOR THE VIOLATION THEREOF . SECTION 4-2401 : Title and Purpose 4-2402 : Definitions 4-2403 : Administering Authority 4-2404 : Compliance with Purpose of Ordinance 4-2405 : Planned Unit Development Superimposed 4-2406 : Where Permitted 4-2407 : Uses Permitted 4-2408 : Minimum Site Area 4-2409 : Standards and Criteria 4-2410 : Tentative Review 4-2411 : Preliminary Review 4-2412 : Final Review 4-2413 : Building Permits 4-2414 : Minor and Major Adjustments after Preliminary Approval 4-2415 : Relationship of this Ordinance to Other Ordinances 4-2416 : Exceptions 4-2417 : Liability 4-2418 : Severability 4-2419 : Penalty 4-2420 : Effective Date 4-2401 : TITLE AND PURPOSE 1 . Title . This Ordinance shall be hereinafter known as the "Renton Planned Unit Development Ordinance " , may be cited as such , will be hereinafter referred to as " this Ordinance " and same shall be and constitute Chapter 24 , Title IV ( Building Regulations ) of Ordinance No . 1628 known as "Code of General Ordinances of the City of Renton " . 2 . Purpose . It is the purpose of this Ordinance to encourage innovation and creativity in the development of new residential and industrial areas in the City of Renton . The City of Renton con- tains substantial acreage appropriate for residential and industrial development . • -2- In order to make optimum use of these areas , to create desirable neighborhoods for family and community life , to encourage employment opportunities and a viable tax base that will be an asset to the community , to take into account special conditions of topography and soil stability and to make maximum use of new concepts and technology of land development and building con- struction , and to carry out the objective and spirit of the Renton Comprehensive Plan , it is the purpose of this Ordinance to encourage new development not limited by the strict appli - cation of the City ' s zoning and subdivision regulations . Judicious use of discretionary power by the Planning Commission and City Council to approve , disapprove or modify the proposal submitted by the developer may be required to achieve the purpose of this Ordinance . More specifically , it is the purpose of this Ordinance to : A . Encourage development of a variety of housing types . B . Encourage the development of a viable economic base that enhances the image of the City . C . Create and/or preserve usable open space for recreation and aesthetic enjoyment of residents and employees . D . Preserve as much as possible the natural characteristics of the land , including topography , native vegetation and views . E . Avoid construction in hazardous areas . F . Preserve and/or create wildlife habitat . G . Encourage creativity in design . H . Provide for maximum efficiency in the layout of streets , utility networks , and other public improvements . I . Provide a guide for developers and city officials who review and approve residential and industrial developments meeting the standards and purposes of this Ordinance . J . Encourage the development of uses that will be compatible with adjacent existing and proposed uses and that will be beneficial to the community . • -3- 4-2402 : DEFINITIONS For the purpose ur ose 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 Open Space . A parcel or parcels of land or an area of water or a combination of land and water within the site desig - nated for a Planned Unit Development and designed and intended for the use or enjoyment of residents and employees of a Planned Unit Development . Common open space may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents and employees of the Planned Unit Development . 2 . Developer . A person , partnership or corporation who proposes to develop or has developed a Planned Unit Development . 3 . Home Owners ' Association . An incorporated , nonprofit organization 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 maintain- ing common property , and (c ) a charge , if unpaid , becomes a lien against the property of the land owner . 4 . Industrial Development . Any Planned Unit Development designed and intended primarily for industrial uses which shall include , but is not limited to , office , warehouse and manufacturing uses . 5 . 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 . 6 . Legal Ownership . The proprietary interest of a land owner as defined above . 7 . Planned Unit Development . Any development approved and developed in accordance with the terms of this Ordinance , including a subdivision of such land . 8 . Residential Development . Any Planned Unit Development designed and intended primarily for residential use regardless of the type of building in which such residence is located ; i . e . , conventional single family residences , town houses , duplexes , fourplexes , or apartments . • -4- 4-2403 : ADMINISTERING AUTHORITY 1 . Official Agency. The Planning Commission is designated as the official agency of the City for the conduct of public hearings ; and the Planning Department is responsible for the general administration and coordination of this Ordinance . 2 . Reviewing Agencies . The Planning Department , the Public Works Department , the Fire Department , and the Seattle-King County Health Department shall review each proposed Planned Unit Development . 4-2404 : COMPLIANCE WITH PURPOSE OF ORDINANCE 1 . In addition to compliance with the objectives of this Ordinance and the Comprehensive Plan , any applicant for Planned Unit Development approval shall have the burden of demonstrating that a development shall achieve public benefit as a result of any deviation from underlying zoning regulations through creation of open space or public facilities , conservation , pro- vision of services or needed facilities or otherwise . 4-2405 : PLANNED UNIT DEVELOPMENT SUPERIMPOSED 1 . The use of the procedure given in this Ordinance superimposes each approved specific Planned Unit Development on the under- lying use zone regulations as an exception to such regulations to the extent that such Planned Unit Development shall modify and supersede the regulations of the underlying use zone . 4-2406 : WHERE PERMITTED 1 . Residential Planned Unit Developments . Planned Unit Develop- ments shall be permitted in only multi -family residential zones . 2 . Industrial Planned Unit Developments . Planned Unit Develop- ments shall be allowed in all industrial zones . • • -5- 4-2407 : USES PERMITTED 1 . Underlying Zone . Those uses first permitted as a matter of right in the underlying zone . 2 . Industrial Uses . A . Primary Uses . Any industrial use as defined under Section 4-2402 . 4 shall be permitted in a Planned Unit Development provided that the Planning Commission makes a determination that the proposed use is consistent with purpose of the Planned Unit Development as specified in Section 4-2402 . 2 or could be conditionally approved to comply with said purpose . B . Accessory Uses . Accessory uses are those uses in a Planned Unit Development specifically geared to the needs of an industrial area such as banks , post offices and restaurants . Retail uses or a change in such use may be allowed by the Planning Commission provided such use is a minor portion of the primary use . 3 . Residential Uses . A . Primary Uses . Any residential use as defined under Section 4-2402 . 8 shall be permitted in a Planned Unit Development provided that all such residences are intended for permanent occupancy by their owners or tenants . This specifically excludes residences of a transient nature such as hotels , motels , and travel trailer parks . Residences (or dwelling units ) may be in any type of permanent structure , except mobile home parks . B . Accessory Uses . Accessory uses are those uses in a Planned Unit Development specifically geared to the needs of the residents , such as schools , churches , and recreation facilities of a non-commercial nature . Retail uses as part of a Planned Unit Development may be permitted where the need for such facilities is clearly found to be necessary by the Planning Commission , provided the Planned Unit Development is ten ( 10 ) acres or greater in area and the retail use is subordinate to the residential use . The specific retail use or any change in such use shall be approved by the Planning Commission . Such retail use shall be oriented to providing goods and services to the residents of the Planned Unit Development and not to the general community . Retail use shall not be permitted until thirty ( 30 ) percent of the dwelling units have been constructed . 4-2408: MINIMUM SITE AREA 1 . Undeveloped Land . A Planned Unit Development shall consist of at least four ( 4 ) acres of land exclusive of street right- of-way which may be required for widening existing or officially planned streets or roads on which the parcel of land abuts and exclusive of land under water . • -5 . 1- 2 . Developed Land . A Planned Unit Development shall consist of at least two ( 2) acres of land exclusive of street right-of- way which may be required for widening existing or officially planned streets or roads on which the parcel abuts and exclusive of land under water provided all existing dwelling units and all other structures are demolished or removed from the site or rehabilitated to conform to all current City codes and ordinances . • • -6- 4-2409 : STANDARDS AND CRITERIA 1 . Design Standards and Procedures . A . Subdivision Requirements . A Planned Unit Development shall abide by the procedures established in the Sub- division Ordinance which shall include but are not limited to conduct of public hearings and recommendation by the Planning Commission and approval by the City Council . If land or structures within a proposed Planned Unit Develop - ment are to be sold to more than one ( 1 ) person , partner- ship , firm or corporation or are to include the dedication of land , then the proposed Planned Unit Development shall be subject to the short or major subdivision proceedings in addition to the requirements of this Ordinance . A Planned Unit Development shall be exempt from the specific design requirements of the Subdivision Ordinance . B . Zoning Requirements . A Planned Unit Development shall be exempt from the minimum lot size and setbacks of the Zoning Ordinance . The minimum lot size requirements of the resi - dential zones shall serve as the criteria to determine Planned Unit Development densities . 2 . Open Space Required . A . Common Open Space . Each Planned Unit Development shall pro- vide not less than thirty-five (35 ) percent of the net developable area for common open space as provided by (1 ) and/or ( 2 ) below . ( 1 ) Held in common ownership by all of the owners in the development area , or ( 2 ) Dedicated for public use , if acceptable to the City of Renton . Common open space may be designed to provide either active or passive recreation or to provide a wildlife habitat . B . Private Residential Open Space . Private , usable open space in addition to parking and storage space shall be provided for each dwelling unit in a residential Planned Unit Development as follows : ( 1 ) For single family structures at ground level , detached or attached , private open space contiguous to the dwelling unit shall be at ground level and shall be equal to a minimum of twenty ( 20) percent of the site covered by the the dwelling unit . Such open space shall not be less than five hundred (500 ) square feet . (2 ) All other dwelling units shall be provided private open space of not less than five (5 ) percent of the gross square footage of the dwelling unit . Such open space shall not be less than one hundred (100 ) square feet . -7- 3 . Net Development Area . Net Development Area ( NDA) is to be computed as follows : Gross Development Area ( GDA) is acres ; less street right-of-way required for widening of Abutting City Streets and Thoroughfares ( ACS&T ) ; Less area devoted to schools , churches or other Accessory Uses ( AU) ; less twenty ( 20) percent gross development area computed for streets or internal circulation of the development; plus one hundred fifty ( 150) percent of Sub-Standard Floor Area ( SSFA) to be demolished or removed as part of the proposed project . NDA: GNA-ACS &T -AU-20%+150% SSFA 4 . Residential Dwelling Unit Density . Dwelling unit density shall be no greater than allowed by the underlying zone . Net Development Area ( NDA ) shall be used to calculate the dwelling unit density . 5 . Parking . Off-street parking shall be provided as required by the Parking and Loading Ordinance . 6 . Special Areas . A . Water . Planned Unit Developments which include any shoreline of natural lakes , rivers and other waterways shall be governed by the requirements of Section 9-1107 of the Subdivision Ordinance . B . Steep Slope . Planned Unit Developments in areas exceeding ten ( 10 ) percent slope shall be subject to special review by the Planning Commission and the Public Works Department to assure stable building conditions , safe and convenient access , and minimum disruption of the natural physical features of the land . The Public Works Department may require the appli - cant to furnish a report by a licensed engineer to evaluate the site . C . Geologic Hazard or Flooding. Development of areas on or near sites where land slides or flooding have been known to occur or may reasonably be expected to occur shall be subject to Section 9- 1108 . 18 of the Subdivision Ordinance . 7 . Relationship to Adjacent Areas . The design of a Planned Unit Development shall take into account the relationship of the site to the surrounding area . The perimeter of the Planned Unit Development shall be so designed as to minimize undesirable impact of surrounding land use on the Planned Unit Development , and conversely to minimize undesirable impact of the Planned Unit Development on surrounding areas . 8 . Landscaping of Common Open Space . A. Installation . All common open space shall be landscaped in accordance with the landscaping plan submitted by the appli - cant and approved by the City . Prior to the issuance of any building permit , the developer shall furnish a performance bond to the City in an amount equal to a minimum of one hundred fifty ( 150) percent of the cost of both the installa- tion of the approved landscaping , which shall be planted within one ( 1 ) year of the date of final approval of the Planned Unit • -8- Development , and the maintenance of such landscaping for a period of three (3 ) years thereafter . B . Maintenance . Landscaping shall be maintained by the Home Owners ' Association or the owner and shall be subject to periodic inspection by the City . 9 . Deferred Improvements . No Final Plan shall be submitted to the Planning Commission nor approved by the City Council until all improvements are constructed in a satisfactory manner and approved by the appropriate departments . Certain improvements may be deferred as specified in Section 9-1108 . 21 of the Subdivision Ordinance . 4-2410 : TENTATIVE REVIEW 1 . Purpose . Due to the various requirements of this Ordinance and the newness of the concept , a tentative review of a proposed Planned Unit Development is needed to reduce the possibility of costly mistakes and oversights . 2 . Informational Meeting . At the request of the developer , the Planning Department will schedule a meeting with the reviewing departments and the developer to explain the intent , provisions and requirements of this Ordinance . 3 . Mandatory . Prior to making application for preliminary approval , the developer shall meet with the reviewing departments to study and review the proposed Planned Unit Development . The developer shall prepare and submit to the Planning Department six (6 ) copies of an application with vicinity and site maps containing the information required in Section 4-2411 . 2 following , together with other pertinent information required by the reviewing departments . The maps may be reasonably accurate sketches . A fee of thirty ( 30 ) dollars shall be submitted with the application . yi • • -9- 4-2411 : PRELIMINARY REVIEW 1 . Who May Apply . Any owner or group of owners of contiguous property acting jointly may submit an application for a Planned Unit Development . 2 . Documentation Required with Application . An application for a Planned Unit Development shall include the following to be drawn on sheets twenty-two (22 ) inches by thirty-four ( 34 ) inches in size : A . Vicinity Map . A vicinity map at a scale between one (1 ) inch representing four hundred (400 ) feet and one (1 ) inch representing one thousand (1 ,000) feet . The vicinity map shall show all adjacent subdivisions , true north arrow , type of 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 Planned Unit Development and their relationship with existing and proposed streets in adjacent subdivisions or undivided properties . B . Site Maps . A map or maps of the site drawn to a scale of not less than one ( 1 ) inch representing forty (40 ) feet showing the following : ( 1 ) Names and dimensions of streets bounding or touching the site . ( 2 ) Pedestrian and vehicular circulation patterns . ( 3 ) Proposed buildings , including identification of types , and number of dwelling units in each or use of building . (4 ) Dimensions between buildings . ( 5 ) Off-street parking facilities . (6 ) Areas to be landscaped . (7 ) Existing and proposed surface drainage system . (8 ) Locations , dimensions , and area of common and private open space . (9 ) The information listed in Section 9-1106 . 2. I . ( 2 ) through 9-1106 . 2 . I ( 11 ) of the Subdivision Ordinance . ( 10 ) Any other pertinent information required to review the proposed Planned Unit Development . C . Landscaping Plan . A landscaping plan at a scale of one (1 ) inch representing ten (10 ) feet or twenty (20 ) feet indicating planting bed dimensions ; north arrow ; plant lay out and identification plant list ; size and spacing of plants ; irrigation ; soil and fertilizer mix ; mulch cover ; typical planting and staking detail ; and typical cross section of bed depth , curbing and paving details . D . Building Elevations . Elevation or perspective drawings to scale to illustrate the architectural character of structures . E . Written Information . In addition to the information noted above , the developer shall submit a written statement with the necessary illustrations providing the following information : ( 1 ) Program for development , including staging or timing of development . -10- ( 2 ) Proposed ownership pattern upon completion of development . ( 3 ) Basic content of restrictive covenants . (4 ) Provisions to assure permanence and maintenance of common open space through Home Owners ' Association formation , condominium development or other means acceptable to the City . ( 5 ) Statement or tabulation of dwelling unit densities proposed or number of anticipated employees . ( 6 ) Statement describing the relationship of the proposed Planned Unit Development to the City ' s Comprehensive Plan . 3 . Filing of Application . The application for preliminary approval of the Planned Unit Development shall be filed with the Planning Department accompanied by a fee computed at twenty (20 ) dollars per acre . For the purpose of the fee , a fraction of an acre shall be considered a whole acre . Any fees required by the Sub- division Ordinance shall be paid at the time of the application . In all other respects the processing of the application and the submission of information for Preliminary Planned Unit Develop- ment shall be the same as that required by the Subdivision Ordinance , except that the time limitations of Sections 9-1106 . 2 .G and 9- 1106 . 2 . H do not apply . 4 . Expiration of Unapproved Preliminary Plans . The preliminary plans shall be approved within eight (8 ) months from the date of filing or the application shall be null and void . The Planning Com- mission may grant one (1 ) extension of up to four (4 ) months upon proper application by the developer . To revitalize the plan , it shall be resubmitted as a new Tentative Plan . 5 . Expiration of Approved Preliminary Plans . A . Small Planned Unit Developments . For Planned Unit Developments less than fifteen ( 15 ) acres in area , the developer shall com- plete the approved Planned Unit Development within two ( 2 ) years from the date of approval of the Preliminary Plans unless the Planning Commission designates a shorter time . Upon proper application by the developer including a fifty ( 50 ) dollar fee , and for good reason , the Planning Commission may grant one ( 1 ) extension of no more than one (1 ) year . The request for an extension of time shall include the reasons why the extension is needed , a revised time table for com- pletion , and any other pertinent information the Planning Department or the Planning Commission deems necessary . B . Large Planned Unit Developments . For Planned Unit Develop- ments fifteen ( 15 ) acres in area or greater , the developer may request the Planning Commission to adopt a master plan for the entire Planned Unit Development . The master plan shall consist of but is not limited to proposed uses , densities , I - 11- common open space , landscaped areas , major circulation patterns , phasing , ownership and restrictions . For the master plan to remain valid , the developer shall complete each phase according to the time limitations established in A . above ( Small Planned Unit Developments ) . The Commission may establish a time limit for the master plan which , upon proper application , may be extended for good reason . The developer shall submit the first phase along with the master plan . 6 . Abandonment of Incompleted Project. Upon the abandonment of a particular project authorized under this Ordinance or upon the expiration of the preliminary approval of a Planned Unit Development which has not been completed , the authorization shall expire and the land and the structures may be used only for a lawful purpose permissible within the zone in which the Planned Unit Development is located . A. Abandonment Defined . Abandonment for the purpose of this section shall mean the failure and neglect of the developer to diligently pursue the project and the improvements incidental thereto , after City approval for a period of six ( 6 ) months from the date of such approval whether preliminary or otherwise , unless the Planning Commission and City Council designate a different time period . B . Open Space and Underlying Zone Requirements . In the event any structures , improvements or facilities have been constructed , or construction therefor has commenced , and completion therefor has been abandoned as hereinabove defined , and the full plan is not being implemented , then in any such case , the open space requirements as set forth in Section 4-2409 . 2 , and as set forth in any approved " preliminary plan" , shall be adhered to in connection with any further approved development ; further- more , if all of such improvements and facilities are completely removed , then the requirements of the applicable zone shall be controlling . C . Occupation of Structure . Any finished structures or facilities , short of full implementation of the approved plan , may be occupied upon the issuance of a special permit by the Planning Commission , together with such conditions , covenants or other terms in order to assure compliance with the requirements of Section 4-2409 and/or any other applicable provision of this ordinance and the City ' s zoning code . 7 . Sale of Planned Unit Development . If a developer sells the parcel or a portion of the parcel after preliminary approval , such approval may be transferred to the new owner upon proper application which shall include a fifty ( 50 ) dollar fee pro- vided the Planning Commission approves and the City Council concurs . • -12- 4-2412 : FINAL REVIEW 1 . Open Space . An application for final approval may be filed for any part or all of a Planned Unit Development area for which preliminary approval has been granted by the City Council , pro- vided all the improvements have been installed . A final plan for a part of a Planned Unit Development shall provide the same proportion of open space and the same overall dwelling unit density as the overall preliminary plan . If that portion of the Planned Unit Development for which final approval is requested does not provide such open space , the developer shall file in escrow a warranty deed with a preliminary title insurance policy in favor of the City of Renton for such additional land area adjacent and accessible to the site and of sufficient size to provide the open space required to meet the standards of Section 4-2409 . 2 and the approved preliminary plan . In the event that the developer abandons the remaining portions of the Planned Unit Development , the escrow agent shall deliver the warranty deed to the City . 2 . Documentation Required . A final Planned Unit Development map shall be filed and show the same information and data required of regular plats as provided in Section 9-1106 . 3 of the Sub- division Ordinance . In addition , the map shall show all such special features and dimensions required for preliminary approval listed in Section 4-2410 together with any pertinent information deemed necessary by the Planning Commission or the Planning Department . Also , the application shall be accompanied by such other documentation of information and data not lending itself to graphic presentation such as restrictive covenants , incorpor- ation papers and bylaws of Home Owners ' Associations , dedications of easements , rights -of-way , and other written comments specifi - cally required of the particular Planned Unit Development plus any pertinent information deemed necessary by the Planning Commission or the Planning Department . 3 . Filing of Application . The application for final approval of the Planned Unit Development shall be filed with the Planning Depart- ment accompanied by a fee computed at twenty (20 ) dollars per acre . For the purpose of the fee , a fraction of an acre shall be considered a whole acre . Any fee required by the Subdivision Ordinance shall be paid at the time of the application . In all other respects , the processing of the application for final approval shall be the same as that required by Section 9-1106 . 3 of the Subdivision Ordinance except that the time limitations of Section 9-1106 . 3 . F and 9-1106 . 3 .0 do not apply . • -13 • - 4-2413 : BUILDING PERMITS 1 . Building and other permits shall be issued for construction in Planned Unit Development areas only in accordance with the preliminary plan and program elements of the preliminary plan as approved by the City Council . 4-2414 : MINOR AND MAJOR ADJUSTMENTS AFTER PRELIMINARY APPROVAL 1 . Minor Adjustments . Minor adjustments may be made and approved by the Planning Department when a building permit is issued . Minor adjustments are those changes which may affect the precise dimensions of buildings and the siting of buildings , but which do not affect the basic character or arrangement of buildings , the density of the development , or the open space requirements . 2 . Major Adjustments . Major adjustments are those which in the opinion of the Planning Department substantially change the basic design , density , or open space requirements of the Planned Unit Development . When in the opinion of the Planning Department such change constitutes a major adjustment , no building permit shall be issued without a review and approval by the Planning Commission of such adjustments . 4-2415 : RELATIONSHIP OF THIS ORDINANCE TO OTHER ORDINANCES 1 . Where provisions of this Ordinance are in conflict with provisions of the Zoning Ordinance or the Subdivision Ordinance , the require- ments of this Ordinance shall prevail , except that procedural requirements shall be those of the Subdivision Ordinance . 4-2416 : EXCEPTIONS 1 . The Planning Commission may recommend exceptions from these regulations according to Section 9-1109 of the Subdivision Ordinance . 4-2417 : LIABILITY 1 . 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 Develop- ment 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 liabil - ity by reason of permit or inspection authorized herein or a certificate of inspection issued by the City or any of its agents . • -14- 4-2418 : SEVERABILITY 1 . 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 . 4-2419 : PENALTY 1 . It shall be unlawful for any person , firm or corporation to con- struct , enlarge or change any land or Planned Unit Development in the City or cause or permit the same to be done 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 ( 500) dollars , or by imprisonment for not more than ninety (90) days , or by both such fine and imprisonment . 4-2420 : EFFECTIVE DATE 1 . This Ordinance shall be in full force and effect five (5 ) days from and after its passage , approval and legal publication . PASSED BY THE CITY COUNCIL THIS DAY OF , 19 Delores A . Mead , City Clerk APPROVED BY THE MAYOR THIS DAY OF , 19 Avery Garrett , Mayor Approved as to form : Gerard M . Shellan , City Attorney Date of Publication; • PRELIMINARY SUBJECT TO REVISION PROPOSED PLANNED UNIT DEVELOPMENT ORDINANCE FOR INDUSTRIAL AND RESIDENTIAL USES ( EIGHTH REVISED DRAFT ) 8-21-74 RECOMMENDED FOR ADOPTION BY THE PLANNING COMMISSION RENTON PLANNING DEPARTMENT PLEASE DISPOSE OF PREVIOUS EDITIONS • ORDINANCE NO . AN ORDINANCE OF THE CITY OF RENTON , WASHINGTON , ESTABLISHING AND CREATING A "PLANNED UNIT DEVELOPMENT ORDINANCE " TO BE HEREINAFTER KNOWN AND DESIGNATED AS THE "RENTON PLANNED UNIT DEVELOPMENT ORDINANCE" AS CHAPTER 24 , TITLE IV (BUILDING REGULATIONS) OF ORDINANCE NO . 1628 KNOWN AS THE "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON" REGULATING THE USES PERMITTED , DESIGN , STANDARDS , PROCEDURES , AND PRESCRIBING PENALTIES FOR THE VIOLATION THEREOF . SECTION 4-2401 : Title and Purpose 4-2402 : Definitions 4-2403 : Administering Authority 4-2404 : Compliance with Purpose of Ordinance 4-2405 : Planned Unit Development Superimposed 4-2406 : Where Permitted 4-2407 : Uses Permitted 4-2408 : Minimum Site Area 4-2409 : Standards and Criteria 4-2410 : Tentative Review 4-2411 : Preliminary Review 4-2412 : Final Review 4-2413 : Building Permits 4-2414 : Minor and Major Adjustments after Preliminary Approval 4-2415 : Relationship of this Ordinance to Other Ordinances 4-2416 : Exceptions 4-2417 : Liability 4-2418: Severability 4-2419 : Penalty 4-2420 : Effective Date 4-2401 : TITLE AND PURPOSE 1 . Title . This Ordinance shall be hereinafter known as the "Renton Planned Unit Development Ordinance" , may be cited as such , will be hereinafter referred to as "this Ordinance" and same shall be and constitute Chapter 24 , Title IV ( Building Regulations ) of Ordinance No . 1628 known as "Code of General Ordinances of the City of Renton" . 2 . Purpose . It is the purpose of this Ordinance to encourage innovation and creativity in the development of new residential and industrial areas in the City of Renton . The City of Renton con- tains substantial acreage appropriate for residential and industrial development . -2- In order to make optimum use of these areas , to create desirable neighborhoods for family and community life , to encourage employment opportunities and a viable tax base that will be an asset to the community , to take into account special conditions of topography and soil stability and to make maximum use of new concepts and technology of land development and building con- struction , and to carry out the objective and spirit of the Renton Comprehensive Plan , it is the purpose of this Ordinance to encourage new development not limited by the strict appli - cation of the City ' s zoning and subdivision regulations . Judicious use of discretionary power by the Planning Commission and City Council to approve , disapprove or modify the proposal submitted by the developer may be required to achieve the purpose of this Ordinance . More specifically , it is the purpose of this Ordinance to : A. Encourage development of a variety of housing types . B. Encourage the development of a viable economic base that enhances the image of the City. C . Create and/or preserve usable open space for recreation and aesthetic enjoyment of residents and employees . D . Preserve as much as possible the natural characteristics of the land , including topography, native vegetation and views . E . Avoid construction in hazardous areas . F . Preserve and/or create wildlife habitat . G . Encourage creativity in design . H. Provide for maximum efficiency in the layout of streets , utility networks , and other public improvements . I . Provide a guide for developers and city officials who review and approve residential and industrial developments meeting the standards and purposes of this Ordinance . J . Encourage the development of uses that will be compatible with adjacent existing and proposed uses and that will be beneficial to the community . • -3- 4-2402 : DEFINITIONS For the purpose 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 Open Space . A parcel or parcels of land or an area of water or a combination of land and water within the site desig- nated for a Planned Unit Development and designed and intended for the use or enjoyment of residents and employees of a Planned Unit Development . Common open space may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents and employees of the Planned Unit Development . 2 . Developer . A person , partnership or corporation who proposes to develop or has developed a Planned Unit Development . 3 . Home Owners ' Association . An incorporated , nonprofit organization 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 maintain- ing common property , and (c ) a charge , if unpaid , becomes a lien against the property of the land owner . 4. Industrial Development . Any Planned Unit Development designed and intended primarily for industrial uses which shall include , but is not limited to , office , warehouse and manufacturing uses . 5 . 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 . 6 . Legal Ownership . The proprietary interest of a land owner as defined above . 7 . Planned Unit Development . Any development approved and developed in accordance with the terms of this Ordinance , including a subdivision of such land . 8 . Residential Development . Any Planned Unit Development designed and intended primarily for residential use regardless of the type of building in which such residence is located ; i . e . , conventional single family residences , town houses , duplexes , fourplexes , or apartments . -4- 4-2403 : ADMINISTERING AUTHORITY 1 . Official Agency. The Planning Commission is designated as the official agency of the City for the conduct of public hearings ; and the Planning Department is responsible for the general administration and coordination of this Ordinance . 2. Reviewing Agencies . The Planning Department , the Public Works Department, the Fire Department , and the Seattle-King County Health Department shall review each proposed Planned Unit Development . 4-2404 : COMPLIANCE WITH PURPOSE OF ORDINANCE 1 . In addition to compliance with the objectives of this Ordinance and the Comprehensive Plan , any applicant for Planned Unit Development approval shall have the burden of demonstrating that a development shall achieve public benefit as a result of any deviation from underlying zoning regulations through creation of open space or public facilities , conservation , pro- vision of services or needed facilities or otherwise . 4-2405 : PLANNED UNIT DEVELOPMENT SUPERIMPOSED 1 . The use of the procedure given in this Ordinance superimposes each approved specific Planned Unit Development on the under- lying use zone regulations as an exception to such regulations to the extent that such Planned Unit Development shall modify and supersede the regulations of the underlying use zone . 4-2406 : WHERE PERMITTED 1 . Residential Planned Unit Developments . A . Planned Unit Developments shall be permitted in all residential zones . B . In the following zones a rezone application shall be filed concurrently with the filing of the tentative plan for a Planned Unit Development : G , GS-1 , and S-1 . 2 . Industrial Planned Unit Developments . Planned Unit Developments shall be allowed in all industrial zones . • -5- 4-2407 : USES PERMITTED 1 . Underlying Zone . Those uses first permitted as a matter of right in the underlying zone . 2 . Industrial Uses . A . Primary Uses . Any industrial use as defined under Section 4-2402 . 4 shall be permitted in a Planned Unit Development provided that the Planning Commission makes a determination that the proposed use is consistent with purpose of the Planned Unit Development as specified in Section 4-2402 . 2 or could be conditionally approved to comply with said purpose . B. Accessory Uses . Accessory uses are those uses in a Planned Unit Development specifically geared to the needs of an industrial area such as banks , post offices and restaurants . Retail uses or a change in such use may be allowed by the Planning Commission provided such use is a minor portion of the primary use . 3 . Residential Uses . A . Primary Uses . Any residential use as defined under Section 4-2402 .8 shall be permitted in a Planned Unit Development provided that all such residences are intended for permanent occupancy by their owners or tenants . This specifically excludes residences of a transient nature such as hotels , motels , and travel trailer parks . Residences (or dwelling units ) may be in any type of permanent structure , except mobile home parks . B. Accessory Uses . Accessory uses are those uses in a Planned Unit Development specifically geared to the needs of the residents , such as schools , churches , and recreation facilities of a non-commercial nature . Retail uses as part of a Planned Unit Development may be permitted where the need for such facilities is clearly found to be necessary by the Planning Commission , provided the Planned Unit Development is ten ( 10) acres or greater in area and the retail use is subordinate to the residential use . The specific retail use or any change in such use shall be approved by the Planning Commission . Such retail use shall be oriented to providing goods and services to the residents of the Planned Unit Development and not to the general community . Retail use shall not be permitted until thirty (30) percent of the dwelling units have been constructed . 4-2408 : MINIMUM SITE AREA 1 . A Planned Unit Development shall consist of at least four (4) acres of land exclusive of street right-of-way which may be required for widening existing or officially planned streets or roads on which the parcel of land abuts and exclusive of land under water. • -6- 4-2409: STANDARDS AND CRITERIA 1 . Design Standards and Procedures . A . Subdivision Requirements . A Planned Unit Development shall abide by the procedures established in the Sub- division Ordinance which shall include but are not limited to conduct of public hearings and recommendation by the Planning Commission and approval by the City Council . If land or structures within a proposed Planned Unit Develop- ment are to be sold to more than one (1 ) person , partner- ship , firm or corporation or are to include the dedication of land , then the proposed Planned Unit Development shall be subject to the short or major subdivision proceedings in addition to the requirements of this Ordinance . A Planned Unit Development shall be exempt from the specific design requirements of the Subdivision Ordinance . B . Zoning Requirements . A Planned Unit Development shall be exempt from the minimum lot size and setbacks of the Zoning Ordinance . The minimum lot size requirements of the resi - dential zones shall serve as the criteria to determine Planned Unit Development densities . 2 . Open Space Required. A. Common Open Space . Each Planned Unit Development shall pro- vide not less than thirty-five (35 ) percent of the net developable area for common open space as provided by (1 ) and/or (2) below. ( 1 ) Held in common ownership by all of the owners in the development area , or (2 ) Dedicated for public use , if acceptable to the City of Renton . Common open space may be designed to provide either active or passive recreation or to provide a wildlife habitat. B . Private Residential Open Space. Private , usable open space in addition to parking and storage space shall be provided for each dwelling unit in a residential Planned Unit Development as follows : ( 1 ) For single family structures at ground level , detached or attached , private open space contiguous to the dwelling unit shall be at ground level and shall be equal to a minimum of twenty (20) percent of the site covered by the the dwelling unit. Such open space shall not be less than five hundred (500) square feet . (2 ) All other dwelling units shall be provided private open space of not less than five (5 ) percent of the gross square footage of the dwelling unit. Such open space shall not be less than one hundred (100) square feet . III -7- 3 . Net Development Area . Net Development Area (NDA ) is to be computed as follows : Gross Development Area ( GDA) in acres ; less street right-of-way required for widening of Abutting City Streets and Thoroughfares (ACS&T ) ; less area devoted to schools , churches or other Accessory Uses (AU ) ; less twenty ( 20 ) percent computed for streets or internal circulation of the developr: ent regardless of a percentage actually devoted to streets in the final design . NDA=GDA-ACS&T-AU-20% 4 . Residential Dwelling Unit Density. Dwelling unit density shall be no greater than allowed by the underlying zone . Net Development Area ( NDA ) shall be used to calculate the dwelling unit density . 5 . Parking . Off-street parking shall be provided as required by the Parking and Loading Ordinance . 6 . Special Areas . A . Water . Planned Unit Developments which include any shoreline of natural lakes , rivers and other waterways shall be governed by the requirements of Section 9-1107 of the Subdivision Ordinance . B . Steep Slope . Planned Unit Developments in areas exceeding ten ( 10) percent slope shall be subject to special review by the Planning Commission and the Public Works Department to assure stable building conditions , safe and convenient access , and minimum disruption of the natural physical features of the land . The Public Works Department may require the appli - cant to furnish a report by a licensed engineer to evaluate the site . C . Geologic Hazard or Flooding . Development of areas on or near sites where land slides or flooding have been known to occur or may reasonably be expected to occur shall be subject to Section 9- 1108 . 18 of the Subdivision Ordinance . 7 . Relationship to Adjacent Areas . The design of a Planned Unit Development shall take into account the relationship of the site to the surrounding area . The perimeter of the Planned Unit Development shall be so designed as to minimize undesirable impact of surrounding land use on the Planned Unit Development , and conversely to minimize undesirable impact of the Planned Unit Development on surrounding areas . 8. Landscaping of Common Open Space . A. Installation . All common open space shall be landscaped in accordance with the landscaping plan submitted by the appli - cant and approved by the City . Prior to the issuance of any building permit , the developer shall furnish a performance bond to the City in an amount equal to a minimum of one hundred fifty ( 150) percent of the cost of both the installa- tion of the approved landscaping , which shall be planted within one (1 ) year of the date of final approval of the Planned Unit • • -8- Development, and the maintenance of such landscaping for a period of three (3 ) years thereafter . B . Maintenance . Landscaping shall be maintained by the Home Owners ' Association or the owner and shall be subject to periodic inspection by the City . 9 . Deferred Improvements . No Final Plan shall be submitted to the Planning Commission nor approved by the City Council until all improvements are constructed in a satisfactory manner and approved by the appropriate departments . Certain improvements may be deferred as specified in Section 9-1108 . 21 of the Subdivision Ordinance . 4-2410: TENTATIVE REVIEW 1 . Purpose . Due to the various requirements of this Ordinance and the newness of the concept , a tentative review of a proposed Planned Unit Development is needed to reduce the possibility of costly mistakes and oversights . 2. Informational Meeting . At the request of the developer , the Planning Department will schedule a meeting with the reviewing departments and the developer to explain the intent , provisions and requirements of this Ordinance . 3. Mandatory . Prior to making application for preliminary approval , the developer shall meet with the reviewing departments to study and review the proposed Planned Unit Development . The developer shall prepare and submit to the Planning Department six (6 ) copies of an application with vicinity and site maps containing the information required in Section 4-2411 . 2 following , together with other pertinent information required by the reviewing departments . The maps may be reasonably accurate sketches . A fee of thirty ( 30 ) dollars shall be submitted with the application . -9- 4-2411 : PRELIMINARY REVIEW 1 . Who May Apply,. Any owner or group of owners of contiguous property acting jointly may submit an application for a Planned Unit Development. 2 . Documentation Required with Application . An application for a Planned Unit Development shall include the following to be drawn on sheets twenty-two (22 ) inches by thirty-four (34) inches in size : A. Vicinity Map . A vicinity map at a scale between one (1 ) inch representing four hundred (400) feet and one (1 ) inch representing one thousand (1 ,000) feet . The vicinity map shall show all adjacent subdivisions , true north arrow, type of 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 Planned Unit Development and their relationship with existing and proposed streets in adjacent subdivisions or undivided properties . B . Site Maps . A map or maps of the site drawn to a scale of not less than one ( 1 ) inch representing forty (40) feet showing the following : ( 1 ) Names and dimensions of streets bounding or touching the site . (2) Pedestrian and vehicular circulation patterns . (3 ) Proposed buildings , including identification of types , and number of dwelling units in each or use of building . (4) Dimensions between buildings . (5 ) Off-street parking facilities . (6 ) Areas to be landscaped . (7 ) Existing and proposed surface drainage system. (8) Locations , dimensions , and area of common and private open space . (9) The information listed in Section 9-1106 .2. I . (2) through 9-1106 . 2 . 1 ( 11 ) of the Subdivision Ordinance . (10) Any other pertinent information required to review the proposed Planned Unit Development . C . Landscaping Plan . A landscaping plan at a scale of one (1 ) inch representing ten (10 ) feet or twenty (20) feet indicating planting bed dimensions ; north arrow; plant lay out and identification plant list ; size and spacing of plants ; irrigation ; soil and fertilizer mix ; mulch cover ; typical planting and staking detail ; and typical cross section of bed depth , curbing and paving details . D . Building Elevations . Elevation or perspective drawings to scale to illustrate the architectural character of structures . E . Written Information . In addition to the information noted above , the developer shall submit a written statement with the necessary illustrations providing the following information : (1 ) Program for development, including staging or timing of development. • -10- (2 ) Proposed ownership pattern upon completion of development . (3) Basic content of restrictive covenants . (4) Provisions to assure permanence and maintenance of common open space through Home Owners ' Association formation , condominium development or other means acceptable to the City . (5 ) Statement or tabulation of dwelling unit densities proposed or number of anticipated employees . (6 ) Statement describing the relationship of the proposed Planned Unit Development to the City ' s Comprehensive Plan . 3 . Filing of Application . The application for preliminary approval of the Planned Unit Development shall be filed with the Planning Department accompanied by a fee computed at twenty (20) dollars per acre . For the purpose of the fee , a fraction of an acre shall be considered a whole acre . Any fees required by the Sub- division Ordinance shall be paid at the time of the application . In all other respects the processing of the application and the submission of information for Preliminary Planned Unit Develop- ment shall be the same as that required by the Subdivision Ordinance , except that the time limitations of Sections 9-1106 . 2 .G and 9-1106 . 2 . H do not apply . 4 . Expiration of Unapproved Preliminary Plans . The preliminary plans shall be approved within eight (8 ) months from the date of filing or the application shall be null and void . The Planning Com- mission may grant one (1 ) extension of up to four (4 ) months upon proper application by the developer . To revitalize the plan , it shall be resubmitted as a new Tentative Plan . 5 . Expiration of Approved Preliminary Plans . A . Small Planned Unit Developments . For Planned Unit Developments less than fifteen ( 15 ) acres in area , the developer shall com- plete the approved Planned Unit Development within two (2 ) years from the date of approval of the Preliminary Plans unless the Planning Commission designates a shorter time . Upon proper application by the developer including a fifty (50 ) dollar fee , and for good reason , the Planning Commission may grant one ( 1 ) extension of no more than one (1 ) year . The request for an extension of time shall include the reasons why the extension is needed , a revised time table for com- pletion , and any other pertinent information the Planning Department or the Planning Commission deems necessary . B . Large Planned Unit Developments . For Planned Unit Develop- ments fifteen ( 15 ) acres in area or greater , the developer may request the Planning Commission to adopt a master plan for the entire Planned Unit Development . The master plan shall consist of but is not limited to proposed uses , densities , -11 • - common open space , landscaped areas , major circulation patterns , phasing , ownership and restrictions . For the master plan to remain valid , the developer shall complete each phase according to the time limitations established in A . above (Small Planned Unit Developments ) . The Com- mission may establish a time limit for the master plan which , upon proper application , may be extended for good reason . The developer shall submit the first phase along with the master plan . 6 . Abandonment of Incompleted Project . Upon the abandonment of a particular project authorized under this Ordinance or upon the expiration of the preliminary approval of a Planned Unit Develop- ment which has not been completed , the authorization shall expire and the land and the structures may be used only for a lawful purpose permissible within the zone in which the Planned Unit Development is located . If any structures or facilities are constructed , sufficient open space shall be left around them to meet the standards of Section 4-2409 . 2 and the approved Prelimi - nary Plan . Finished structures or facilities may be occupied after a special permit has been granted by the Planning Commission establishing conditions , restrictive covenants or other terms intended to ful - fill the requirements of Section 4-2409 and/or the intent of this Ordinance . 7 . Sale of Planned Unit Development . If a developer sells the parcel or a portion of the parcel after preliminary approval , such approval may be transferred to the new owner upon proper application which shall include a fifty (50) dollar fee provided the Planning Com- mission approves and the City Council concurs . • -12- 4-2412 : FINAL REVIEW 1 . Open Space . An application for final approval may be filed for any part or all of a Planned Unit Development area for which preliminary approval has been granted by the City Council , pro- vided all the improvements have been installed . A final plan for a pant of a Planned Unit Development shall provide the same proportion of open space and the same overall dwelling unit density as the overall preliminary plan . If that portion of the Planned Unit Development for which final approval is requested does not provide such open space , the developer shall file in escrow a warranty deed with a preliminary title insurance policy in favor of the City of Renton for such additional land area adjacent and accessible to the site and of sufficient size to provide the open space required to meet the standards of Section 4-2409. 2 and the approved preliminary plan . In the event that the developer abandons the remaining portions of the Planned Unit Development , the escrow agent shall deliver the warranty deed to the City . 2 . Documentation Required . A final Planned Unit Development map shall be filed and show the same information and data required of regular plats as provided in Section 9-1106 . 3 of the Sub- division Ordinance . In addition , the map shall show all such special features and dimensions required for preliminary approval listed in Section 4-2410 together with any pertinent information deemed necessary by the Planning Commission or the Planning Department . Also , the application shall be accompanied by such other documentation of information and data not lending itself to graphic presentation such as restrictive covenants , incorpor- ation papers and bylaws of Home Owners ' Associations , dedications of easements , rights-of-way , and other written comments specifi - cally required of the particular Planned Unit Development plus any pertinent information deemed necessary by the Planning Commission or the Planning Department . 3. Filing of Application . The application for final approval of the Planned Unit Development shall be filed with the Planning Depart- ment accompanied by a fee computed at twenty (20) dollars per acre . For the purpose of the fee , a fraction of an acre shall be considered a whole acre . Any fee required by the Subdivision Ordinance shall be paid at the time of the application . In all other respects , the processing of the application for final approval shall be the same as that required by Section 9-1106 . 3 of the Subdivision Ordinance except that the time limitations of Section 9-1106 . 3 . F and 9-1106 . 3 .0 do not apply. • • • • -13- 4-2413 : BUILDING rERMITS 1 . Building and other permits shall be issued for construction in Planned Unit Development areas only in accordance with the preliminary plan and program elements of the preliminary plan as approved by the City Council . 4-2414 : MINOR AND MAJOR ADJUSTMENTS AFTER PRELIMINARY APPROVAL 1 . Minor Adjustments . Minor adjustments may be made and approved by the Planning Department when a building permit is issued . Minor adjustments are those changes which may affect the precise dimensions of buildings and the siting of buildings , but which do not affect the basic character or arrangement of buildings , the density of the development , or the open space requirements . 2 . Major Adjustments . Major adjustments are those which in the opinion of the Planning Department substantially change the basic design , density , or open space requirements of the Planned Unit Development . When in the opinion of the Planning Department such change constitutes a major adjustment , no building permit shall be issued without a review and approval by the Planning Commission of such adjustments . 4-2415 : RELATIONSHIP OF THIS ORDINANCE TO OTHER ORDINANCES 1 . Where provisions of this Ordinance are in conflict with provisions of the Zoning Ordinance or the Subdivision Ordinance , the require- ments of this Ordinance shall prevail , except that procedural requirements shall be those of the Subdivision Ordinance . 4-2416 : EXCEPTIONS 1 . The Planning Commission may recommend exceptions from these regulations according to Section 9-1109 of the Subdivision Ordinance . 4-2417 : LIABILITY 1 . 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 Develop- ment 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 liabil - ity by reason of permit or inspection authorized herein or a certificate of inspection issued by the City or any of its agents . • -14- 4-2418 : SEVERABILITY 1 . 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 . 4-2419 : PENALTY 1 . It shall be unlawful for any person , firm or corporation to con- struct , enlarge or change any land or Planned Unit Development in the City or cause or permit the same to be done 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 (500) dollars , or by imprisonment for not more than ninety (90) days , or by both such fine and imprisonment. 4-2420 : EFFECTIVE DATE 1 . This Ordinance shall be in full force and effect five (5 ) days from and after its passage , approval and legal publication . PASSED BY THE CITY COUNCIL THIS DAY OF , 19 Delores A . Mead , City Clerk APPROVED BY THE MAYOR THIS DAY OF , 19 Avery Garrett , Mayor Approved as to form : Gerard M . Shellan , City Attorney Date of Publication: • /6' -1 - 73 PROPOSED PLANNED UNIT DEVELOPMENT ORDINANCE (SEVENTH REVISED DRAFT) 4-12-72 RECOMMENDED FOR ADOPTION BY THE PLANNING COMMISSION RENTON PLANNING DEPARTMENT PLEASE DISPOSE OF PREVIOUS EDITIONS 4- ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING AND CREATING A "PLANNED UNIT DEVELOPMENT ORDINANCE" TO BE HEREINAFTER KNOWN AND DESIGNATED AS THE "RENTON PLANNED UNIT DEVELOPMENT ORDINANCE" AS CHAPTER 24, TITLE IV (BUILDING REGULATIONS) OF ORDINANCE NO. 1628 KNOWN AS THE "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON" REGULATING THE USES PERMITTED, DESIGN, STANDARDS, PROCEDURES, AND PRESCRIBING PENALTIES FOR THE VIOLATION THEREOF. SECTION 4-2401: Title and Purpose 4-2402: Definitions 4-2403: Administering Authority 4-2404: Compliance with Purpose of Ordinance 4-2405: Planned Unit Development Superimposed 4-2406: Where Permitted 4-2407: Uses Permitted 4-2408: Minimum Site Area 4-2409: Standards and Criteria 4-2410: Tentative Review 4-2411: Preliminary Review 4-2412 : Final Review 4-2413: Building Permits 4-2414 : Minor and Major Adjustments after Preliminary Approval 4-2415: Relationship of this Ordinance to Other Ordinances 4-2416: Exceptions I' 4-2417 : Liability 4-2418 : Severability 4-2419 : Penalty 4-2420: Effective Date 4-2401: TITLE AND PURPOSE 1. Title. This Ordinance shall be hereinafter known as the "Renton Planned Unit Development Ordinance" , may be cited as such, will be hereinafter referred to as "this Ordinance" and same shall be and constitute Chapter 24, Title IV (Building Regulations) of Ordinance No. 1628 known as "Code of General Ordinances of the City of Renton" . 2. Purpose. It is the purpose of this Ordinance to encourage innova- tion and creativity in the development of -new residential areas in ' the City of Renton. The City of Renton contains substantial acre- age appropriate for residential development. In order to make optimum use of these residential areas, to create desirable neighborhoods for family and community life, to take into APR 121972 • • -2- account special conditions of topography and soil stability and to make maximum use of new concepts and technology of land devel- opment and building construction, and to carry out the objective and spirit of the Renton Comprehensive Plan, it is the purpose of this Ordinance to encourage new residential development not limited by the strict application of the City` s zoning and sub- division regulations. Judicious use of discretionary power by the Planning Commission and City Council to approve, disapprove or modify the proposal submitted by the developer may be required to achieve the purpose of this Ordinance. More specifically, it is the purpose of this Ordinance to: A. Encourage development of a variety of housing types. B. Create and/or preserve usable open space for recreation and esthetic enjoyment of residents. C. Preserve as much as possible the natural characteristics of the land, including topography, native vegetation and views. D. Avoid construction in hazardous areas. E. Encourage creativity in design. F. Provide for maximum efficiency in the layout of streets, utility networks, and other public improvements. G. Provide a guide for developers and city officials who review i and approve residential developments meeting the standards and purposes of this Ordinance. APR 12, 1g77 • -3- 4-2402 : DEFINITIONS For the purpose 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 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 and designed and intended for the use or enjoyment of residents of a Planned Unit Development. Com- mon open space 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 who proposes to develop or has developed a Planned Unit Development. 3. Home Owners' Association. An incorporated, nonprofit organization 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 maintain- ing common property, and (c) a charge, if unpaid, becomes a lien against the property of the land owner. 4. 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. 5. Legal Ownership. The proprietary interest of a land owner as defined above. 6. Planned Unit Development. Any residential development approved and developed in accordance with the terms of this Ordinance, including a subdivision of such land. 7. Residential Development. Any development designed and intended primarily for residential use regardless of the type of building in which such residence is located; i.e. , conventional single family residences, town houses, duplexes, fourplexes , or apartments. APR 12197? -4- 4-2403: ADMINISTERING AUTHORITY 1. Official Agency. The Planning Commission is designated as the official agency of the City for the conduct of public hearings; and the Planning Department is responsible for the general administration and coordination of this Ordinance. 2. Reviewing Agencies. The Planning Department, the Engineering Department, the Fire Department, the Building Department, and the health agency shall review each proposed Planned Unit Development. 4-2404: COMPLIANCE WITH PURPOSE OF ORDINANCE 1. In addition to compliance with the objectives of this Ordinance and the Comprehensive Plan, any applicant for Planned Unit Development approval shall have the burden of demonstrating that a development shall achieve public benefit as a result of any deviation from underlying zoning regulations through creation of open space or public facilities, conservation, pro- vision of services or needed facilities or otherwise. 4-2405 : PLANNED UNIT DEVELOPMENT SUPERIMPOSED 1. The use of the procedure given in this Ordinance superimposes each approved specific Planned Unit Development on the under- lying use zone regulations as an exception to such regulations to the extent that such Planned Unit Development shall modify and supersede the regulations of the underlying use zone. 4-2406 : WHERE PERMITTED 1. Planned Unit Developments shall be permitted in all residential zones. 2. In the following zones a rezone application shall be filed con- currently with the filing of the tentative plan for a Planned Unit Development: G, GS-1, and S-1. APR 121972 -5- 4-2407 : USES PERMITTED 1. Underlying Zone. Those uses first permitted as a matter of right in the underlying zone. 2. Residential Uses. Any residential use as defined under Section 4-2402 . 7 shall be permitted in a Planned Unit Development provided that all such residences are intended for permanent occupancy by their owners or tenants. This specifically excludes residences of a transient nature such as hotels, motels, and travel trailer parks. Residences (or dwelling units) may be in any type of permanent structure, except mobile home parks. 3. Accessory Uses. Accessory uses are those uses in a Planned Unit Development specifically geared to the needs of the residents, such as schools, churches, and recreation facilities of a non- commercial nature . Retail uses as part of a Planned Unit Develop- ment may be permitted where the need for such facilities is clearly found to be necessary by the Planning Commission, provided the Planned Unit Development is ten (10) acres or greater in area and the retail use is subordinate to the residential use. Such retail use shall be oriented to providing goods and services to the residents of the Planned Unit Development and not to the general community. Retail use shall not be permitted until thirty (30) percent of the dwelling units have been constructed. 4-2408 : MINIMUM SITE AREA 1. A Planned Unit Development shall consist of at least four (4) acres of land exclusive of street right-of-way which may be required for widening existing or officially planned streets or roads on which the parcel of land abuts and exclusive of land under water. APR 121972 • • -5- 4-2409 : STANDARDS AND CRITERIA 1. Design Standards and Procedures. A. Subdivision Requirements. A Planned Unit Development shall abide by the procedures established in the Subdivision Ordinance which shall include but are not limited to conduct of public hearings and recommendation by the Planning Commis- sion and approval by the City Council. If land or structures within a proposed Planned Unit Development are intended to be sold to more than one (1) person, firm or corporation or are to include the dedication of land or the installation of improvements regulated by the Subdivision Ordinance, then the proposed Planned Unit Development shall be subject to the short or major subdivision proceedings in addition to the requirements of this Ordinance. A Planned Unit Develop- ment shall be exempt from the specific design requirements of the Subdivision Ordinance. B. Zoning Requirements. A Planned Unit Development shall be exempt from the minimum lot size and setbacks of the Zoning Ordinance. The minimum lot size requirements of the resi- dential zones shall serve as the criteria to determine Planned Unit Development densities. 2. Open Space Required. A. Common Open Space. Each Planned Unit Development shall pro- vide not less than thirty-five (35) percent of the net developable area for common open space as provided by (1) and/or (2) below. (1) Held in common ownership by all of the owners in the development area, or (2) Dedicated for public use, if acceptable to the City of Renton. Common open space may be designed to provide either active or passive recreation. B. Private Open Space. Private, usable open space in addition to parking and storage space shall be provided for each dwelling unit in a Planned Unit Development as follows: (1) For single family structures at ground level, detached or attached, private open space contiguous to the dwelling unit shall be at ground level and shall be equal to a minimum of twenty (20) percent of the site covered by the dwelling unit. Such open space shall not be less than five hundred (500) square feet. (2) All other dwelling units shall be provided private open space of not less than five (5) percent of the gross square footage of the dwelling unit. Such open space shall not be less than one hundred (100) square feet. APR121972 -7- 3. Net Development Area. Net Development Area (NDA) is to be computed as follows: Gross Development Area (GDA) in acres; less street right-of-way required for widening of Abutting City Streets and Thoroughfares (ACS&T) ; less area devoted to schools, churches or other Accessory Uses (AU) ; less twenty (20) percent computed for streets or internal circulation of the development regardless of a percentage actually devoted to streets in the final design. NDA=GDA-ACS&T-AU-20% 4 . Dwelling Unit Density. Dwelling unit density shall be no greater than allowed by the underlying zone. Net Development Area (NDA) shall be used to calculate the dwelling unit density. 5. Parking. Off-street parking shall be provided as required by the Parking and Loading Ordinance. 6. Special Areas. A. Water. Planned Unit Developments which include any shoreline of natural lakes , rivers and other waterways shall be governed by the requirements of Section 9-1107 of the Subdivision Ordinance. B. Steep Slope. Planned Unit Developments in areas exceeding ten (10) percent slope shall be subject to special review by the Planning Commission and the Engineering Department to assure stable building conditions , safe and convenient access, and minimum disruption of the natural physical features of the land. C. Geologic Hazard or Flooding. Development of areas on or near sites where land slides or flooding have been known to occur or may reasonably be expected to occur shall be subject to Section 9-1108 . 18 of the Subdivision Ordinance. 7. Relationship to Adjacent Areas. The design of a Planned Unit Development shall take into account the relationship of the site to the surrounding area. The perimeter of the Planned Unit Development shall be so designed as to minimize undesirable impact of surrounding land use on the Planned Unit Development, and conversely to minimize undesirable impact of the Planned Unit Development on surrounding areas. 8. Landscaping of Common Open Space. A. Installation. All common open space shall be landscaped in accordance with the landscaping plan submitted by the appli- cant and approved by the City. Prior to the issuance of any building permit, the developer shall furnish a performance bond to the City in an amount equal to a minimum of one hundred fifty (150) percent of the cost of both the installa- tion of the approved landscaping, which shall be planted within one (1) year of the date of final approval of the Planned Unit APR121972 • • • -8- Development, and the maintenance of such landscaping for a period of three (3) years thereafter. B. Maintenance. Landscaping shall be maintained by the Home Owners' Association or the owner and shall be subject to periodic inspection by the City. In the event that the landscaping is not maintained in a reasonable manner, the City shall have the right to provide for the maintenance thereof and to bill the Home Owners ' Association or the owner accordingly. If unpaid, the bill shall be a lien against the Home Owners ' Association or the property owner. 9. Deferred Improvements. No Final Plan shall be submitted to the Planning Commission nor approved by the City Council until all improvements are constructed in a satisfactory manner and approved by the appropriate departments. Certain improvements may be deferred as specified in Section 9-1108 . 21 of the Subdivision Ordinance. 4-2410: TENTATIVE REVIEW 1. Purpose. Due to the various requirements of this Ordinance and the newness of the concept, a tentative review of a proposed Planned Unit Development is needed to reduce the possibility of costly mistakes and oversights. 2. Informational Meeting. At the request of the developer, the Planning Department will schedule a meeting with the reviewing departments and the developer to explain the intent, provisions and requirements of this Ordinance. 3. Mandatory. Prior to making application for preliminary approval, the developer shall meet with the reviewing departments to study and review the proposed Planned Unit Development. The developer shall prepare and submit to the Planning Department six (6) copies of an application with vicinity and site maps containing the information required in Section 4-2411. 2 following, together with other pertinent information required by the reviewing departments. The maps may be reasonably accurate sketches. A fee of thirty (30) dollars shall be submitted with the application. APR 121972 -9- 4-2411: PRELIMINARY REVIEW 1. Who May Apply. Any owner or group of owners of contiguous property acting jointly may submit an application for a Planned Unit Development. 2. Documentation Required with Application. An application for a Planned Unit Development shall include the following to be drawn on sheets twenty-two (22) inches by thirty-four (34) inches in size: A. Vicinity Map. A vicinity map at a scale between one (1) inch representing four hundred (400) feet and one (1) inch representing one thousand (1,000) feet. The vicinity map shall show all adjacent subdivisions, true north arrow, type of 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 Planned Unit Development and their relationship with existing and proposed streets in adjacent subdivisions or undivided properties. B. Site Maps. A map or maps of the site drawn to a scale of not less than one (1) inch representing forty (40) feet showing the following: (1) Names and dimensions of streets bounding or touching the site. (2) Pedestrian and vehicular circulation patterns. (3) Proposed buildings, including identification of types, and number of dwelling units in each. (4) Dimensions between buildings. (5) Off-street parking facilities. (6) Areas to be landscaped. (7) Existing and proposed surface drainage system. (8) Locations, dimensions, and area of common open space. (9) The information listed in Section 9-1106 .2 . I. (2) through 9-1106 .2.I. (11) of the Subdivision Ordinance. (10) Any other pertinent information required to review the proposed Planned Unit Development. C. Landscaping Plan. A landscaping plan at a scale of one (1) inch representing ten (10) feet or twenty (20) feet indicating planting bed dimensions; planting location; plant list; size and spacing of plants; irrigation; soil and fertilizer mix; mulch cover; staking detail; and typical cross section of bed depth, curbing and paving details. D. Building Elevations. Elevation or perspective drawings to scale to illustrate the architectural character of structures. E. In addition to the information noted above, the developer shall submit a written statement with the necessary illustrations providing the following information: APR 121972 -10- (1) Program for development, including staging or timing of development. (2) Proposed ownership pattern upon completion of development. (3) Basic content of restrictive covenants. (4) Provisions to assure permanence and maintenance of common open space through Home Owners ' Association formation, condominium development or other means acceptable to the City. (5) Statement or tabulation of dwelling unit densities proposed. (6) Statement describing the relationship of the proposed Planned Unit Development to the City' s Comprehensive Plan. 3. Filing of Application. The application for preliminary approval of the Planned Unit Development shall be filed with the Planning Department accompanied by a fee computed at twenty (20) dollars per acre. Any fees required by the Subdivision Ordinance shall be paid at the time of the application. In all other respects the processing of the application and the submission of informa- tion for Preliminary Planned Unit Development shall be the same as that required by the Subdivision Ordinance, except that the time limitations of Sections 9-1106 . 2 .G and 9-1106 . 2 .H do not apply. 4. Expiration of Unapproved Preliminary Plans. The preliminary plans shall be approved within eight (8) months from the date of filing or the application shall be null and void. The Planning Commission may grant one (1) extension of four (4) months upon proper appli- cation by the developer. To revitalize the plan, it shall be resubmitted as a new Tentative Plan. 5 . Expiration of Approved Preliminary Plans. A. Small Planned Unit Developments, For Planned Unit Developments less than fifteen (15) acres in area, the developer shall com- plete the approved Planned Unit Development within two (2) years from the date of approval of the Preliminary Plans unless the Planning Commission designates a shorter time. Upon proper application by the developer and for good reason, the Planning Commission may grant one (1) extension of no more than one (1) year. The request for an extension of time shall include the reasons why the extension is needed, a revised time table for completion, and any other pertinent information the Planning Department or the Planning Commission deems necessary. B. Large Planned Unit Developments. For Planned Unit Developments fifteen (15) acres in area or greater, the developer may request the Planning Commission to adopt a master plan for the entire Planned Unit Development. The master plan shall f,P R 121972 -11- consist of but is not limited to proposed uses, densities, common open space, landscaped areas, major circulation patterns, phasing, ownership and restrictions. For the master plan to remain valid, the developer shall complete each phase according to the time limitations established in A. above (Small Planned Unit Developments) . The Commission may establish a time limit for the master plan which, upon proper application, may be extended for good reason. The developer shall submit the first phase along with the master plan. 6 . Abandonment of Incompleted Project. Upon the abandonment of a particular project authorized under this Ordinance or upon the expiration of the preliminary approval of a Planned Unit Develop- ment which has not been completed, the authorization shall expire and the land and the structures may be used only for a lawful purpose permissible within the zone in which the Planned Unit Development is located. If any structures or facilities are constructed, sufficient open space shall be left around them to meet the standards of Section 4-2409 . 2 and the approved Prelimi- nary Plan. Finished structures or facilities may be occupied after a special permit has been granted by the Planning Commission establishing conditions, restrictive covenants or other terms intended to ful- fill the requirments of Section 4-2409 and/or the intent of this Ordinance. Unfinished structures, facilities and common open space may be completed by the City with any expenses incurred by the City to be a lien against the property. 7 . Sale of Planned Unit Development. If a developer sells the parcel or a portion of the parcel after preliminary approval, such approval may be transferred to the new owner provided the Planning Commission approves and the City Council concurs. ,,t)R 121972 -12- 4-2412 : FINAL REVIEW 1. Open Space. An application for final approval may be filed for any part or all of a Planned Unit Development area for which preliminary approval has been granted by the City Council, pro- vided all the improvements have been installed. A final plan for a part of a Planned Unit Development shall provide the same proportion of open space and the same overall dwelling unit density as the overall preliminary plan. If that portion of the Planned Unit Development for which final approval is requested does not provide such open space, the developer shall file in escrow a warranty deed with a preliminary title insurance policy in favor of the City of Renton for such additional land area adjacent and accessible to the site and of sufficient size to provide the open space required to meet the standards of Section 4-2409. 2 and the approved preliminary plan. In the event that the developer abandons the remaining portions of the Planned Unit Development, the escrow agent shall deliver the warranty deed to the City. 2. Documentation Required. A final Planned Unit Development map shall be filed and show the same information and data required of regular plats as provided in Section 9-1106 . 3 of the Subdivision Ordinance. In addition, the map shall show all such special features and dimensions required for preliminary approval listed in Section 4-2410 together with any pertinent information deemed necessary by the Planning Commission or the Planning Department. Also, the application shall be accompanied by such other documen- tation of information and data not lending itself to graphic presentation such as restrictive covenants , incorporation papers and bylaws of Home Owners ' Associations, dedications of easements, rights-of-way, and other written comments specifically required of the particular Planned Unit Development plus any pertinent information deemed necessary by the Planning Commission or the Planning Department. 3. Filing of Application. The application for final approval of the Planned Unit Development shall be filed with the Planning Depart- ment accompanied by a fee computed at twenty (20) dollars per acre. Any fee required by the Subdivision Ordinance shall be paid at the time of the application. In all other respects, the processing of the application for final approval shall be the same as that required by Section 9-1106 . 3 of the Subdivision Ordinance except that the time limitations of Section 9-1106 . 3.F and 9-1106.3.0 do not apply. APR1219?2 -13 4-2413 : BUILDING PERMITS 1. Building and other permits shall be issued for construction in Planned Unit Development areas only in accordance with the preliminary plan and program elements of the preliminary plan as approved by the City Council. 4-2414 : MINOR AND MAJOR ADJUSTMENTS AFTER PRELIMINARY APPROVAL 1. Minor Adjustments. Minor adjustments may be made and approved by the Planning Department when a building permit is issued. Minor adjustments are those changes which may affect the precise dimensions of buildings and the siting of buildings, but which do not affect the basic character or arrangement of buildings, the density of the development, or the open space requirements. 2. Major Adjustments. Major adjustments are those which in the opinion of the Planning Department substantially change the basic design, density, or open space requirements of the Planned Unit Development. When in the opinion of the Planning Department such change constitutes a major adjustment, no building permit shall be issued without a review and approval by the Planning Commission of such adjustments. 4-2415 : RELATIONSHIP OF THIS ORDINANCE TO OTHER ORDINANCES 1. Where provisions of this Ordinance are in conflict with provisions of the Zoning Ordinance or the Subdivision Ordinance, the require- ments of this Ordinance shall prevail, except that procedural requirements shall be those of the Subdivision Ordinance. 4-2416 : EXCEPTIONS 1. The Planning Commission may recommend exceptions from these regu- lations according to Section 9-1109 of the Subdivision Ordinance. 4-2417 : LIABILITY 1. City Not Liable. This Ordinance shall not be construed to relieve or lessen the responsibility of any person owning, building, alter- ing, 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 inspec- tion authorized herein or a certificate of inspection issued by the City or any of its agents. AP 12197a -14- 4-2418 : SEVERABILITY 1. 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. 4-2419 : PENALTY 1. It shall be unlawful for any person, firm or corporation to con- struct, enlarge or change any land or Planned Unit Development in the City or cause or permit the same to be done 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 mis- demeanor, 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 (500) dollars , or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment. 4-2420 : EFFECTIVE DATE 1. This Ordinance shall be in full force and effect from and after its passage, approval and legal publication. PASSED BY THE CITY COUNCIL THIS DAY OF , 19 Helmie Nelson, City Clerk APPROVED BY THE MAYOR THIS DAY OF , 19 Avery Garrett, Mayor Approved as to form: Gerard M. Shellan, City Attorney Date of Publication: At' R121972 w Off; 77) 1 THE CITY OF RENTON z o MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055 AVERY GARRETT, MAYOR DELORES A. MEAD 4 CITY CLERK 1P�TfD SEPS February 11 , 1974 Hon. Avery Garrett, Mayor City of Renton Re : OCD Questionnaire Dear Mayor Garrett : We submit herewith response to your letter of January 30, Z974 as concerns Questionnaire to be used in formulating policies for development and implementation of Zong range planning pro- gram for the State of Washington, as will involve functions of the Office of Community Development. Our comments concern 93 Election Procedures of the Administrative Support Program. Our remarks do not necessarily reflect on state budget processes in their entirety but encompass our general thoughts on the subject as are related to our involvement through city administra- tion of the voter registrations and elections. Yours very truly, CITY CLERK 'S OFFICE Delores A. Mead City Clerk DM/jt ADMINISTRATION AND SUPPORT SERVICES - OCD Questionnaire PROGRAM CATEGORY 93, Election Procedures Administrative or policy decisions that should be changed Since the County assumed jurisdiction over all elections, therein, as of August Z, Z97Z, the City has made no major recommendations but did support legislation which passed Zast year whereby the State now will share the cost of Initiatives and Referendum issues balloted upon which it formerly did not have to share even though it was the originator of the ballot measure. Such issues will be on the ballot annually in the . . year in which proposed rather than waiting for the ballot another year, initiated by either State or Local source. This will allow for more even distribution of ballot issues as well, rather than having so many at one time which becomes confusing to the voters. It would seem there should be some policy study on who votes on the various measures of monetary consideration. I would propose revision whereby property owners only vote on assessments on real property rather than the ballot being open to the voters at large. Policy as to payment of taxes by lower income senior citizens should be viewed with regard to State assumption of a portion thereof which would increase their amenity toward ballot issues of tax assessment on real properties. Other states have found the reduction to be of contri- bution to the welfare of the elderly, State Lottery in some cases picking up the tab for the liability or income tax, not well received in the State of Washington, however. Local responsibility is unclear Areas where Stateor p y Perhaps responsibility could use coordination efforts. State brochures on ballot measures , distributed by the Secretary of State might well use further defining on local level, perhaps by seminars sponsored by combined effort of government entities. Budgetary - State sharing of election and registration costs might be further studied. Many city governments provide voting registrars without reimbursement, the City Clerk and staff in Renton serving in such capacity for all of King County before and since the County assumed jurisdiction over all elections and registrations in August Z97Z. The County pays its registrars per registration (25 ) . The City pays the County $. 33+ per registration processed but is not compensated for registration, some 7, 000 County registrations processed as well as that many again for Renton residents in the past year and a half. The State now shares expenses as concern Initiative and Referendum costs for ballot measures which the State originates and should assume additional costs in sharing registration expenses. d' Maps need to be furnished and it does not seem clear as to which entity is to provide precinct maps, those provided by the County only defining boundaries, some coordination between Engineering needed. ADMINISTRATION AND SUPPORT SERVICES - OCD Questionnaire PROGRAM CATEGORY 93, Election Procedures PAGE 2 Areas Where State and Local Priorities Differ Each entity places emphasis on own issues and differs according to prioritized interests. Programs That Should be Expanded or Cut Back Expand information facilities for public access to data concerning election process, how Legislation is introduced on State and Local levels and how it proceeds to end result. Possibly a General Public Service Information Center. . i THE CITY OF RENTON prn.FR 'z ® MUNICIPAL BUILDING 200 MILL AVE SO. RENTON,WASH. 98055 AVERY GARRETT, MAYOR ®44h, O�� January 30, 1974 ®SErt- Del Mead, City Clerk City of Renton Dear Del : By executive order, Governor Evans created the Office of Community Devel- opment (0CD) on July 1 , 1973 . Since its inception, OCD has been involved principally in the development and implementation of what it terms the state long range policy planning process. In brief , the new state planning process represents a partnership between state and local govern- ments and citizens to define over the next several years a desired future for the State of Washington. Communities are being given the opportunity now to provide input and influence the state budget process . OCD has been given the function of serving in behalf of local governments so that local concerns might be reflected in the budgets of the various state agencies. Questionnaire packets have been distributed to the chief elected local officials in the state who have been asked to coordinate a response from their communities. The packet is divided into eight broad program cate- i gories, the same ones used by the state in the long range planning and budgeting processes . In seeking the broadest possible community input in developing a response to the state, I am sending sections of the questionnaire packet to those who may be directly affected by state activities. Please respond to the items indicated on the attached questionnaire. Do not be limited to the space provided and feel free to comment on program categories that are not indicated if they are particuarly relevant to your organization ' s interests. I would ask you to return the completed questionnaire to me at the earliest possible date and not after February 12 . This is necessary to meet the timetable set for us by OCD. If you have any further questions do not hesitate to contact the following City personnel who are assist- ing me with this project: Scott Haskins at 235-2585 or Julee LaCount at 235-2624 . Sincerely, May 1 � i OV I?to y,, 1. THE CITY OF RENTON z MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055 AVERY GARRETT, MAYOR DELORES A. MEAD CITY CLERK 4:147, ED SEP-it February 11 , 1974 Hon. Avery Garrett, Mayor City of Renton Re : OCD Questionnaire Dear Mayor Garrett: We submit herewith response to your letter of January 30, Z974 as concerns Questionnaire to be used in formulating policies for development and implementation of long range planning pro- gram for the State of Washington, as will involve functions of the Office of Community Development. Our comments concern 93 Election Procedures of the Administrative Support Program. Our remarks do not necessarily reflect on state budget processes in their entirety but encompass our general thoughts on the subject as are related to our involvement through city administra- tion of the voter registrations and elections. Yours very tru Zy, CITY CL$RK 'S OFFICE Delores A. Mead City Clerk DM/jt • II II RENTON CITY COUNCIL Regular Meeting September 15 , 1975 Municipal Building Monday , 8 : 00 P . M. Council Chambers MINUTES CALL TO ORDER Mayor Avery Garrett, presiding, led the Pledge of Allegiance and called the meeting of the Renton City Council to order. ROLL CALL OF CHARLES DELAURENTI , Council President; RICHARD M. STREDICKE, EARL CLYMER, COUNCIL KENNETH D. BRUCE, WILLIAM J. GRANT, FENRY E. SCHELLERT. MOVED BY STREDICKE, SECONDED BY SCHELLERT, COUNCIL EXCUSE THE ABSENCE OF GEORGE J. PERRY. CARRIED. Councilman Perry arrived later in the meeting. CITY OFFICIALS AVERY GARRETT, Mayor; G. M. SHELLAN, City Attorney; GWEN MARSHALL, IN ATTENDANCE Finance Director; DEL MEAD, City Clerk; WARREN GONNASON, Public Works Director; GORDON Y. ERICKSEN, Planning Director; CAPTAIN JOHN BUFF, Police Rep. ; SHARON GREEN, Personnel Director; GEORGE WILLIAMS, Fire Chief; ROBERT HUGHES, Legislative Aide; DON STARK, Administrative Asst. PRESS IN Mary Wilbert Smith, Editor, Greater Renton News; Eric Pryne, News Editor, ATTENDANCE Renton Record Chronicle. MINUTE APPROVAL Councilman Stredicke called attention to 9/8/75 Council Minutes , that the Puget Sound Governmental Conference request for responce re Interim Regional Development Plan by 9/26/75 was referred to the Committee of the Whole which would not meet until 10/2/75. Councilman ctredicke requested correction to Council Minutes of 9/8/75 as follows: Page 3, Street Vacation referral to Board of Public Works "for recommendation." Page 4, (Bulk Storage Ordinance) Motion by Stredicke Council recess "for the Council 's Legislation Committee" to meet with City Attorney. MOVED BY STREDICKE, SECONDED BY SCHELLERT, COUNCIL AMEND MINUTES AS RECOMMENDED. CARRIED. MOVED BY STREDICKE, SECONDED BY SCHELLERT, COUNCIL APPROVE MINUTES OF 8/25/75, 9/4/75 AND AMENDED MINUTES OF 9/8/75. CARRIED. PUBLIC HEARING This being the date set and proper notices having been published and Planned Unit posted as required by law, Mayor Garrett opened the Public Hearing to Development consider the proposed Planned Unit Development ordinance. Community Ordinance Services Committee Chairman Clymer noted the committee' s request for hearing to receive public input for possible amendments to the ordinance as now written. Planning Director Ericksen made available the Ninth Revised Draft of the Proposed Planned Unit Development Ordinance for Industrial and Residential Uses,dated 8/22/75,and explained purpose and details of the amendment to the zoning ordinance which has been seven years in the drafting process. The Planning Director noted a PU D is a development in which the subdivision and zoning regulations apply to the project as a whole rather than the individual lots and that the allowed density is based on the total ownership and permits clustering; also noting the Ninth Edition doesn' t permit PUD' s within single-family or residential zones, Planning Commission originally recommending SR-1 inclusion. Audience Commen , Jim Dalpay, 4033 N.E. Sunset Blvd. , inquired whether or not this ordi- nance was developed for the southern part of the city, being advised by the Planning Director that it was not developed for any specific property but for greater flexibility of development of all properties . Robert McBeth, 1632 Lincoln Ct.S.E. , favored inclusion of single family residential zones for PUD' s. Patricia Seymour, 2534 Burnett Ct. S. , urged consideration for inclusion of PUD's in single family areas. George Pasco, 423 S. 3rd St. , objected that developer would need to first apply for zoning, also that no provision made for condominiums, and inquired about open space requirements, being advised by Planning Direc- tor Ericksen that the comments would be taken into consideration. Mike Smith, 3402 N.E. 7th St. , urged approval of the ordinance as amended. Following inquiries by Councilman Stredicke, it was MOVED BY SCHELLERT, SECONDED BY BRUCE, PUBLIC HEARING BE CLOSED. CARRIED. MOVED BY SCHELLERT, ' SECONDED BY CLYMER, COMMENTS AND DOCUMENT BE REFERRED BACK TO THE LEGIS- LATION COMMITTEE_ FOR REVIEW. CARRIED. (9:00 p.m. ) CORRESPONDENCE Claims for Claim for Damages was filed by Dane Christopher Ulmer, 1814 170th N.E. , Damages Bellevue, for false arrest and imprisonment in the amount of $20,000. MOVED BY SCHELLERT, SECONDED BY CLYMER, COUNCIL REFER CLAIM TO THE CITY D.C. Ulmer ATTORNEY AND INSURANCE CARRIER. CARRIED. VC' RENTON CITY COUNCIL Regular Meeting September 15 , 1975 Municipal Building Monday , 8 : 00 P . M. Council Chambers MINUTES CALL TO ORDER Mayor Avery Garrett, presiding, led the Pledge of Allegiance and called the meeting of the Renton City Council to order. ROLL CALL OF CHARLES DELAURENTI , Council President; RICHARD M. STREDICKE, EARL CLYMER, COUNCIL KENNETH D. BRUCE, WILLIAM J. GRANT, HENRY E. SCHELLERT. MOVED BY STREDICKE, SECONDED BY SCHELLERT, COUNCIL EXCUSE THE ABSENCE OF GEORGE J. PERRY. CARRIED. Councilman Perry arrived later in the meeting. CITY OFFICIALS AVERY GARRETT, Mayor; G. M. SHELLAN, City Attorney; GWEN MARSHALL, IN ATTENDANCE Finance Director; DEL MEAD, City Clerk; WARREN GONNASON, Public Works Director; GORDON Y. ERICKSEN, Planning Director; CAPTAIN JOHN BUFF, Police Rep. ; SHARON GREEN, Personnel Director; GEORGE WILLIAMS , Fire Chief; ROBERT HUGHES, Legislative Aide; DON STARK, Administrative Asst. PRESS IN Mary Wilbert Smith, Editor, Greater Renton News; Eric Pryne, News Editor, A1IENDANCE Renton Record Chronicle. MINUTE APPROVAL Councilman Stredicke called attention to 9/8/75 Council Minutes , that the Puget Sound Governmental Conference request for responce re Interim Regional Development Plan by 9/26/75 was referred to the Committee of the Whole which would not meet until 10/2/75. Councilman Stredicke requested correction to Council Minutes of 9/8/75 as follows : Page 3, Street Vacation referral to Board of Public Works "for recommendation." Page 4, (Bulk Storage Ordinance) Motion by Stredicke Council recess "for the Council 's Legislation Committee" to meet with City Attorney. MOVED BY STREDICKE, SECONDED BY SCHELLERT, COUNCIL AMEND MINUTES AS RECOMMENDED. CARRIED. MOVED BY STREDICKE, SECONDED BY SCHELLERT, COUNCIL APPROVE MINUTES OF 8/25/75, 9/4/75 AND AMENDED MINUTES OF 9/8/75. CARRIED. --j Pl:BLIC HEARING This being the date set and proper notices having been published and Planned Unit posted as required by law, Mayor Garrett opened the Public Hearing to Development consider the proposed Planned Unit Development ordinance. Community Ordinance Services Committee Chairman Clymer noted the committee' s request for hearing to receive public input for possible amendments to the ordinance as now written. Planning Director Ericksen made available the Ninth Revised Draft of the Proposed Planned Unit Development Ordinance for Industrial and Residential Uses,dated 8/22/75,and explained purpose and details of the amendment to the zoning ordinance which has been seven years in the drafting process . The Planning Director noted a PU D is a development in which the subdivision and zoning regulations apply to the project as a whole rather than the individual lots and that the allowed density is based on the total ownership and permits clustering; also noting the Ninth Edition doesn' t permit PUD's within single-family or residential zones, Planning Commission originally recommending SR-1 inclusion. Audience Comment Jim Dalpay, 4033 N.E. Sunset Blvd. , inquired whether or not this ordi- nance was developed for the southern part of the city, being advised by the Planning Director that it was not developed for any specific property but for greater flexibility of development of all properties. Robert McBeth, 1632 Lincoln Ct.S.E. , favored inclusion of single family residential zones for PUD's. Patricia Seymour, 2534 Burnett Ct. S. , urged consideration for inclusion of PUD's in single family areas. George Pasco, 423 S. 3rd St. , objected that developer would need to first apply for zoning, also that no provision made for condominiums, and inquired about open space requirements, being advised by Planning Direc- tor Ericksen that the comments would be taken into consideration. Mike Smith, 3402 N.E. 7th St. , urged approval of the ordinance as amended. Following inquiries by Councilman Stredicke, it was MOVED BY SCHELLERT, SECONDED BY BRUCE, PUBLIC HEARING' BE CLOSED. CARRIED. MOVED BY SCHELLERT, SECONDED BY CLYMER, COMMENTS AND DOCUMENT BE REFERRED BACK TO THE LEGIS- LATION COMMITTEE FOR REVIEW. CARRIED. (9:00 p.m. ) CORRESPONDENCE Claims for aim for Damages was filed by Dane Christopher Ulmer, 1814 170th N.E. , Damages Bellevue, for false arrest and imprisonment in the amount of $20,000. MOVED BY SCHELLERT, SECONDED BY CLYMER, COUNCIL REFER CLAIM TO THE CITY D.C. Ulmer ATTORNEY AND INSURANCE CARRIER. CARRIED. MEMORANDUM TO City Clerk DATE 9/25/75 FROM Planning Department SUBJECT Addition to Mailing List - P . U . D. Ordinance Will you please add the following name to your mailing list for any future editions of the P . U . D . Ordinance or notices regarding public hearing in its regard . Ron Hindman Real Estate Multiple , Inc . ^�2g6�7�8��a 214 Park Renton , WA. 98055 �, e'• P`t % Thank you . � S� \�c ) SS - Okk) C\‘ *S DEFT r <SA //,---1,1"-e„,---- C OFFICE OF THE CITY ATTORNEY • KI,:NTUN,'WASHINGTON` '"'"! O POST OFFICE BOX 626, 100 2ND AVENUE BUILDING, RENTON, WASHINGTON 93055 ALPINE 5-8678 n o I .T. GERARD M. SHELLAN, CITY ATTORNEY ;D Q JOHN K. PAIN, JR., ASSISTANT CITY ATTORNEY t o44 fD SEp���, �` September 17 , 1974Mr. Gary R. Kruger Associate Planner • City Hall Renton, Washington RE : PUD ORDINANCE Dear Gary: This is to acknowledge your last letter received September 16 , 1974 . As previously mentioned it would be up to your Department and the City Council to determine the minimum acreage size for PUD developments in a residential vs. industrial/commercial zone . Regarding Section 4-2409 . 2A and 8B , it again would be our recommendation that the developer-owner should primarily be responsible to the City for the upkeep and maintenance of the common areas . Such party can either post a bond or alternately provide assurance to the City that an appropriate maintenance contract has been entered into for a designated period of time. The developer-owner may , of course , delegate this obligation to the purchasers , but he would still remain primarily liable for the City for such obligation. We would still recommend that the term "abandonment of incompleted project" be defined more definitively. Even though it is specified that such a project may have to be completed within 2 , 3 or more years , circumstances may arise where it is obvious that the project will not be undertaken or completed. There is no reason for the City to wait out these years before deeming the project abandoned. As to the sale of a Planned Unit Develocment , we reiterate our prior comments made in our letter to you of September 7 , 1974 . Whatever the Planning Department or Planning Commission may agree on with any developer , whether a sole proprietorship , partnership , joint venture or corporation , should be reduced to writing and be made a part of the total package. If the owner then wants to. sell , he should be allowed to do so aslong as all the prior agreements are carried out by the successor in interest . If an individual owner �r executed the agreement in the first place , ha would still be bound by these commitments unless the City allowed a substitution of parties . In case of a corporation , it wouldn't make any difference anyhow since the corporation is a separate legal entity regardless of the stock ownership. If we can be of any further assistance to you in this matter, please advise. t1t remain, CO VGer d rMuly Shell yours , C,MS ,dlg . an CITY OF RENTON NOTICE OF PUBLIC HEARING BY RENTON CITY COUNCIL NOTICE IS HEREBY GIVEN that the Renton City Council has fixed the 15th day of September , 1975 , at 8 : 00 P .M. in the Council Chambers of the Renton Municipal Building, Renton , Washington as the time and place for a public hearing to consider the following : Proposed Planned Unit Development Ordinance for the purpose of encouraging innovation and creativity in the development of new residential and industrial areas in the City of Renton, regulating the uses permitted, design, standards, procedures, and prescribing penalties for the violation thereof. Any and all interested persons are invited to be present to voice approval , disapproval or opinions on same . CITY OF RENTON Maxine E. Motor, Deputy City Clerk DATE OF PUBLICATION August 22, 1975 Affidavit of Publication STATE OF WASHINGTON COUNTY OF KING ss. 1 a.rbar.a...i;,arapagraa being first duly sworn on oath, deposes and says that ....&h 's the chi.c ic...c. .� of THE RENTON RECORD-CHRONICLE, a tri-wee ly newspaper. That said newspaper is a legal newspaper and it is now and has been for more than six months prior to the date of publication referred to, printed and published in the English language continually as a tri- weekly newspaper in Renton, King County, Washington, and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper. That the Renton Record-Chronicle has been approved as a legal newspaper by order of the Superior Court of the County in which it is published, to-wit, King County, Washington.That the annexed is a Prop. development Ord. re: industrial. & residential as it was published in regular issues (and not in supplement form of said newspaper)once each issue for a period CITY OF RENTON NOTICE OF PUBLIC HEARING of one consecutive issues, commencing on the BY RENTON CITY COUNCIL NOTICE IS HEREBY GIVEN that 22 day of 41)m• , 19 7`' , and ending the the Renton City Council has fixed the 15th day of September,1975,at 8:00 P.M.in the Council Chambers day of , 19 , both dates of the Renton Municipal Building, inclusive, and that such newspaper was regularly distributed to its Renton,Washington as the time and subscribers during all of said period. That the full amount of the fee place for a public hearing to consider the following: 10.0 Proposed Planned Unit charged for the foregoing publication is the sum of$ which Development Ordina ce for the. has been paid in full at the rate of per folio of one hundred words purpose of encouragin innovation for the first insertion and per folio of one hundred worcls for each and residentialey i n the de lopmentrof subsequent insertion. new tyofRenton,and industrial regulating the q in the City of the'' uses permitted, design, standards,, 4e/er,4:A-a...(Cleet G� procedures, and prescribing /pJ penalties for the violation thereof. V Any and all interested persons chief clerk are invited to be present to voice approval,disapproval or opinions on same. Subscribed and sworn to before me this 22 day of CITY OF RENTONMaxine E.Motor Deputy City Clerk 4.ufr. ,175 DATE OF'PUBLICATION `J August 22, 1975 alAA:OZ- CO-14A-R`1 Published in the Renton Record- Notary Chronicle August 22, 1975.R3433437 ub is in and for the State of Washington, residing at Renton,King County. —Passed by the Legislature, 1955, known as Senate Bill 281, effective June 9th,1955. —Western Union Telegraph Co. rules for counting words and figures, adopted by the newspapers of the State. Affidavit of Publication STATE OF WASHINGTON COUNTY OF KING ss. Barbara Campagna being first duly sworn on oath, deposes and says that Sheis the chief clerk of THE RENTON RECORD-CHRONICLE, a tri-weekly newspaper. That said newspaper is a legal newspaper and it is now and has been for more than six months prior to the date of publication referred to, printed and published in the English language continually as a tri- weekly newspaper in Renton, King County, Washington, and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper. That the Renton Record-Chronicle has been approved as a legal newspaper by order of the Superior Court of the County in which it is published, to-wit, King County, Washington.That the annexed is a Prop. development Ord. re: inudstrial & residential as it was published in regular issues (and not in supplement form of said newspaper)once each issue for a period - CITY OF RENTON NOTICE OF PUBLIC of one consecutive issues, commencing on the BY HEARING RENTON CITY COUNCIL NOTICE IS HEREBY GIVEN that 22.... day of Aug,. , 19 ...75...., and ending the the Renton City Council has fixed the 15th day of September,1975,at 8:00 P.M.in the Council Chambers day of , 19 , both dates of the Renton Municipal Building, inclusive, and that such newspaper was regularly distributed to its Renton,Washington as the time and subscribers during all of said period. That the full amount of the fee place for a public hearing to consider the following: Proposed Planned Unit charged for the foregoing publication is the sum of$.10...08, which Development Ordinance for the has been paid in full at the rate of per folio of one hundred words purpose of encouraging innovation for the first insertion and per folio of one hundred words for each and creativity in the development of subsequent insertion. new residential and industrial areas l in the City of Renton,regulating the uses permitted, design, standards, ci....:.. �2� procedures, and prescribing �T► penalties for the violation thereof. V Any and all interested persons chief clerk are invited to be present to voice approval,disapproval or opinions on same. Subscribed and sworn to before me this 22 day of CITY OF RENTON Maxi!),E. Motor Deputy City Clerk Aug., ,19 .75 DATE OF'PUBLICATION August 22, 1975 'A Published in the Renton Record- Chronicle`'�'�� 67,g-r1,02( August 22, 1975. R3437 Notary Public i and for the State of Washington, - residin at Renton,King County. —Passed by the Legislature, 1955, known as Senate Bill 281, effective June 9th,1955. —Western U n ion Telegraph Co. rules for counting words and figures, adopted by the newspapers of the State. CITY OF RENTON • NOTICE OF PUBLIC HEARING BY RENTON CITY COUNCIL NOTICE IS HEREBY GIVEN that the Renton City Council has fixed the 15th day of SeptemUber , 19 7f , at 8 : 00 P .M. in the Council Chambers of the Renton Municipal Building, Renton , Washington as the time and place for a public hearing to consider the following : Proposed Planned Unit Development Ordinance for the purpose of encouraging innovation and creativity in the development of new residential and industrial areas in the City of Renton, regulating the uses permitted, design, standards, procedures, and prescribing penalties for the violation thereof. Any and all interested persons are invited to be present to voice approval , disapproval or opinions on same . CITY OF RENTON Maxine E. Motor, Deputy City Clerk DATE OF PUBLICATION August 22, 1975 CERTIFICATION STATE OF WASHINGTON) ss . COUNTY OF KING 11 Fifie / I , L c.t ) �c' L . fin , )1 I ps hereby certify that tabseH e ) copies of the above notice were posted by me in 1=efkenthree conspicuous places on the property described and one copy was posted at the City Muni ipal Building , Renton , Washington on date o.f A �J �J�s 2S , 19 76 . Signed ATTEST : Notary Public in and for the State of Wa.snington , residing at Renton. INTER-OFFICE MEMO TO : IPs Phillips. Public Works Dept. DATE August 14, 1975 FROM: Maxine Motor, Deputy -City Clerk RE: Public Hearing Notice on Planned Unit Development Ordinance Attached are fifteen copies of the above-captioned Public Hearing Notice. Please post in public places around the City. and furnish this office with Certification of Posting. Thankss j CITY OF RENTON NOTICE OF PUBLIC HEARING BY RENTON CITY COUNCIL NOTICE IS HEREBY GIVEN that the Renton City Council has fixed the 15th day of September , 19 75 , at 8 : 00 P .M. in the Council Chambers of the Renton Municipal Building , Renton , Washington as the time and place for a public hearing to consider the following : Proposed Planned Unit Development Ordinance for the purpose of encouraging innovation and creativity in the development of new residential and industrial areas in the City of Renton, regulating the uses permitted, design, standards, procedures, and prescribing penalties for the violation thereof. Any and all interested persons are invited to be present to voice approval , disapproval or opinions on same . CITY OF RENTON Maxine E. Motor, Deputy City Clerk DATE OF PUBLICATION August 22, 1975 • 0 Renton City Council 8/11/75 Meeting - Page 3 OLD BUSINESS (Continued) Adams Vista Upon inquiry by Councilman Stredicke as to when the assessments were L. I. D. 295 calculated, Public Works Director Gonnason replied that the preliminary assessment roll was made up after Council adopted the Resolution of intent and the preliminary assessment had been sent out on the L. I .D. Councilman Perry remarked that both the ordinance and the matter of sewer L. I . D. ' s had been referred to the Committee of the Whole. MOVED BY STREDICKE, SECONDED BY DELAURENTI , THAT THE MATTER OF THE ORDINANCE BE REFERRED TO THE LEGISLATION COMMITTEE. MOTION CARRIED. Bicentennial Councilman Stredicke commented on the Bicentennial signs that had been Signs erected at the entrances to the City and inquired how they were funded. Public Works Director Gonnason said the signs were supplied by the Bicentennial Committee at a cost of $14 each, nine signs having been erected and the funds provided by the regular Sign budget. Sewer Rat Councilman Stredicke remarked that Seattle had been having problems Control with rats coming out of the sewers and inquired how the City was con- trolling the problem. Public Works Director Gonnason said that he was not aware of any problem in Renton, but would investigate the matter. Planned Unit Legislation Committee Chairman Clymer reported the committee recommended Development that a Public Hearing he held September 15, 1975 on the Planned Unit Lrdinance Development ordinance. MOVED BY SCHELLERT, SECONDED BY PERRY, THAT Public Hearing THE COUNCIL SET THE DATE OF SEPTEMBER 15, 1975 FOR A PUBLIC HEARING Set - 9/15/75 ON THE PLANNED UNIT DEVELOPMENT ORDINANCE. MOTION CARRIED. Bid Award Public Works Committee Chairman Bruce presented committee report Water Main recommending that the low bid submitted by Surface Construction for Renton Hill Area the Renton Hill Water Main Installation be accepted and that the Surface Const. Mayor and City Clerk be authorized to sign the contract. MOVED BY SCHELLERT, SECONDED BY DELAURENTI , THAT THE CITY COUNCIL CONCUR IN THE RECOMMENDATION OF THE PUBLIC WORKS COMMITTEE AND AUTHORIZE THE MAYOR AND CITY CLERK TO SIGN THE CONTRACT. MOTION CARRIED. Bid Award Public Works Committee report recommended acceptance of the low bidder, Improvement of Moss Construction Co. , Inc. in the amount of $367,998. 18 for Schedule Intersection - S. III for the improvement of the intersection South 43rd St. and Spring- 43rd & Spring- brook Road and the intersection of S.W. 43rd St. and East Valley Hwy. , brook Rd. bid opening on July 22, 1975. The report also recommended that the Moss Const. Co. Mayor and City Clerk be authorized to sign the contract. MOVED BY SCHELLERT, SECONDED BY DELAURENTI , THAT THE CITY COUNCIL CONCUR IN THE RECOMMENDATION AND AUTHORIZE THE MAYOR AND CITY CLERK TO SIGN THE CONTRACT. MOTION CARRIED. Status of Street Councilman Grant remarked that there were several projects going on Improvements at the present time, Mill Avenue S. ; Sunset and N. 4th St. and the condition of the roadways was very poor. Public Works Sirector Gonnason reported that the N. 4th St. and Sunset Blvd. intersection should be completed in a couple of weeks and that the City was advertising for bids on the Mill Ave. S. portion now and it should be complete in about a month. Application f r o Councilman Grant presented letter from Mayor Garrett to Mr. Richard W. HUD LPlan- Hems tad, Director, Office of CommunityDevelopment, pment, Olympia. ping Assistance Mayor Garrett's letter submitted application for a HUD Local Planning Grant Assistance Grant to assess special impacts of an environmental nature in the Green River Valley, explaining the need for revising the Compre- hensive Land Plan to influence the type and quality of development desired in the Valley. Councilman Grant explained that $5,000 would come from the state, $2,500 from the City and commended the Administra- tion forapplying f r o the Grant. NEW BUSINESS MOVED BY DELAURENTI , SECONDED BY SCHELLERT, THAT THE LETTER FROM MR. Washington PHILIPP, WASHINGTON INSTITUTE FOR JUDICIAL REVIEW, BE REFERRED TO Institute for THE COMMUNITY SERVICES COMMITTEE. After some discussion the MOTION Judicial Review CARRIED. III li �,r Ub LEGISLATION COMMITTEE REPORT AUGUST 11 , 1975 The Legislation Committee recommends that a public hearing be held September 15, 1975 concerning the Planned Unit Development Ordinance . Chairman Earl Clymer Henry E. Schellert George J. Perry EC:mg r- 1011 ,.,. OFFICE OF THE CITY ATTORNEY o RENTON,WASHINGTON ‘ F',- POST OFFICE BOX 828. 100 2nd AVENUE➢UILDING S. RENTON,WASHINGTON 98055 255-6678 O Q GERARD M.SHELLAN,CITY ATTORNEY LAWRENCE J.WARREN, ASSISTANT CITY ATTORNEY 44o SEP��� August 9, 1975 Mr. Gary Kruger Associate Planner City Hall Renton, WA Re: Planned Unit Development Dear Gary: We have received your Memo dated August 6, 1975, together with the latest amendments to the proposed PUD ordinance. Please refer to our prior correspondence on this very subject matter, including our letter dated December 26, 1974. As we understand the latest draft, Section 4-2406 allows such PUDs only in multi-family residential and industrial zones. As Sou know, most of these PUD regulations also relate to single family residential units and sometimes also to business developments. Are they to be expressly excluded? Don' t you also have to make some changes on page 6, section 4-2409,2B, if single family dwellings are to be excluded from these provisions? Our rior concerns about "common open space","common ownership", and "maintenance" as specified in our letter of December 26, 1974, still apply. If we can be of any further assistance to you in this matter, please advise. We remain, Very truly yours, Gerard M. Shellan GMS :ds • CITY OF RENTON NOTICE OF PUBLIC HEARING BY RENTON CITY COUNCIL NOTICE IS HEREBY GIVEN that the Renton City Council has fixed the 15th day of September , 19 75 , at 8 : 00 P .M. in the Council Chambers of the Renton Municipal Building, Renton , Washington as the time and place for a public hearing to consider the following : Proposed Planned Unit Development Ordinance for the purpose of encouraging innovation and creativity in the development of new residential and industrial areas in the City of Renton, regulating the uses permitted, design, standards, procedures, and prescribing penalties for the violation thereof. Any and all interested persons are invited to be present to voice approval , disapproval or opinions on same . CITY OF RENTON Maxine E. Motor, Deputy City Clerk DATE OF PUBLICATION August 22, 1975 CERTIFICATION STATE OF WASHINGTON) ss . COUNTY OF KING hereby certify that three ( 3) copies of the above notice were posted by me in three conspicuous places on the property described and one copy was posted at the City Municipal Building , Renton , Washington on date of , 19 . Signed ATTEST : Notary Public in and for the State of Washington , residing at Renton. Renton City Council 7/7/75 Page 4 CORRESPONDENCE - Continued Comprehensive preserve open space, provide for the mitigation of loss of wildlife Plan Revision habitat and to provide recreational opportunities for citizens of com- Continued munity. MOVED BY CLYMER, SECONDED BY BRUCE, COUNCIL REFER DOCUMENTS TO THE COMMUNITY SERVICES COMMITTEE. Following discussion, MOTION CARRIED. Recess MOVED BY BRUCE, SECONDED BY GRANT, COUNCIL RECESS FOR 10 MINUTES. CARRIED. Council reconvened at 10:45 p.m. ROLL CALL: All Councilmen present. AUDIENCE Mrs. Patricia Seymour, 2534 Burnett Court S. , urged adoption of the P.U.D. COMMENT (Planned Unit Development) Ordinance as it would allow greater efficiency, retention of existing vegetation by developer, as pertains to rezones and preliminary plats such as two earlier agenda items. Mrs. Seymour also urged Council to reconsider action concerning revision of Comprehensive Plan and set public hearing. Mr. Mike Smith, 3402 N.E. 7th, inquired re drawing of numbers for Council positions and was given copy of applicable State law by the City Clerk, advising filing period commenced July 28. Mr. L. Traverso, 519 Cedar Ave. S. , inquired re action taken on complaint filed against 518 and 504 Cedar Ave. S. properties being overrun with blackberries, weeds, etc. and dilapidated. Public Works Director Gonnason explained processing under Dangerous Building Code, that foreclosure procedure pending on one of the properties, however, assured action being taken. OLD BUSINESS MOVED BY PERRY, SECONDED BY STREDICKE, COUNCIL REFER THE MATTER OF CITY POLICY ON PIPE STEM LOTS TO THE COMMUNITY SERVICES COMMITTEE TO REVIEW AND REPORT BACK TO COUNCIL. CARRIED. Upon inquiry by Councilman Stredicke, history of the P.U.D. ordinance was discussed. Aviation Aviation Committee Chairman presented Chairman's report regarding the Committee Report regular 6/24 committee meeting recommending the Council authorize execution by Mayor and Clerk of proposed lease agreement with Airport Eastside Specialties to lease 85,200 feet of property on the east side of Renton Development Municipal Airport, remove three existing dilapidated hangar structures Proposal , for ultimate replacement with 29 units. The proposed lease agreement Airport would provide for 20-yr. term commencing 8/1/75, 10-yr. renewal option, Specialties rental rate of $.08 per sq. ft. per year with five year adjustments , Phase I construction to begin within 150 days from execution date, three year total completion date. The committee further recommended posting of performance bond during each phase, improvement of adjoining taxiways, participation in total cost of providing sanitary sewer facilities to leased premises in the event deemed necessary, and Planning Department • review of site plan and setbacks . The report noted approval by consul- tant preparing Airport Master Plan and approval of developer's financial statements by Finance Director. MOVED BY SCHELLERT, SECONDED BY BRUCE, COUNCIL CONCUR IN RECOMMENDATION OF AVIATION COMMITTEE CHAIRMAN'S REPORT. CARRIED. Public Works Public Works Committee Chairman Bruce submitted committee report concur- Committee Report ing in the recommendation of the Public Works Department that the low bid submitted by Kaiser Aluminum in amount of $11 ,279.45 be accepted for Corrugated Pipe corrugated metal pipe (bid opening reported earlier, tabulation attached) . Bid Award The report also recommended that the Utilities Division be authorized to order the material for Springbrook Storm Sewer ByPass. MOVED BY STREDICKE,! Springbrook SECONDED BY SCHELLERT, COUNCIL CONCUR IN COMMITTEE REPORT. Public Works Storm Sewer Director Gonnason explained '72 Springbrook wash out, agreement being ByPass reached with Kent School District, King County and the City regarding restoration. MOTION CARRIED. Finance Finance and Personnel Committee Chairman Schellert submitted committee Committee Report report recommending the City accept bid of Seattle Northwest Securities, LID LID 274 CBD #274 bond sale in amount of $121 ,344.19 and 74% interest. The report Bonds recommended referral to the Legislation Committee for ordinance and Mayor and City Clerk be authorized to sign agreement. Letter agreement from Seattle-Northwest Securities Corporation, Seattle, offered to pur- chase $121 ,344.19 Local Improvement District No. 274, Bond Issue with bonds dated 8/1/75 maturing on or before 8/1/87 annual interest 7 1/2%. MOVED BY DELAURENTI , SECONDED BY STREDICKE, COUNCIL CONCUR IN RECOMMENDA- TION OF FINANCE AND PERSONNEL COMMITTEE AND COUNCIL REFER MATTER TO LEGISLATION COMMITTEE AND AUTHORIZE EXECUTION OF AGREEMENT. CARRIED. I 1 C.W R ; ti 141? O , V 1 OFFICE OF THE CITY ATTORNEY • RENTON,WASHINGTON O POST OFFICE BOX 626, 100 2ND AVENUE BUILDING, RENTON, WASHINGTON 98055 ALPINE 5.8678 01 1 O15 (o GERARD M. SNELLAN, CITY ATTORNEY 1 0 CQ- JONN K. PAIN, JR., ASSISTANT CITY ATTORNEY 4) 4t•OSEP1E-�0 December 26 , 1974 (dic) Mr. Gary R. 1. ,i�ger , ,,, Associate P1 . ? ^1 City of Ren n , 77 City Hall '��+�' A_' : i,� Renton, WA "055 a` `y c rRe.Planned Unit Development Ordinance Q. v Dear Gary: v Thank you for your i;emo dated December 23 , 1974 regarding the above mentinned ordinance. Relating to the proposed, additional amendments , our comments would be as follows : 1. The amendment to Section 4 -2406 . 1 is approved as to legal form. However, Section 4-2402 . E (definitions) likewise will have to be changed to specify "multi-family" residential zones . It is not quite clear why the single family residential zone is to be expressly excluded since one of the prime purposes of the PUD is to accommodate that type of development . Personally I am not familiar with any other ordinance of any other city which would exclude single family residential development under this proposed plan. Please refer to our letter of September 7 , 1974 wondering why 'a business-zoned area" would also be excluded and the PUD limited , as it now appears , to multi-family and industrial zones only? 2 . Section 4-2408 . 1 and . 2 are approved as to legal form, 3 . Re Section 4-2411. 6 . That subsection should be re-worde. as follows : The first complete sentence as now written is approved. The second sentence beginning with the word "abandonment' through the words "a different time period" should be a separate subsection. under the 'abandonment" heading. The next subsection should read as follows : 'in the event any structures , improvements or facilities have been constructed , or construction therefor has commenced , and completion therefor has been abandoned as hereina-ove defined , and 7 in I ) Page Two Mr. Gary Kruger Dec. 26 , 1974 the full plan is not being implemented , then in any such case , the open space requirements as set forth in Section 4-2409 . 2 , and as set forth in any approved "preliminary plan" , shall be adhered to in connection with any further approved development ; furthermore , if all of such improve- ments and facilities are completely removed , then the requirements of the applicable zone shall he 1 controlling. " 'Any finished structures or facilities . short of full implementation of the approved plan, may be occupied upon the issuance of a special permit by the , together with such conditions , covenants or of er terms in order to assure compliance with the requirements of Section 4-2409 and/or any other applicable provision of this ordinance and the City's zoning code" . We again wish to call your attention to our prior correspondence including our letters of September 7 and September 17 , 1974 suggesting additional changes , including Section 4-2409 . 2A (common open space , common ownership) , and Subsection 8P (maintenance) thereunder. We are still concerned, as we mentioned previously, about Section 4-2411 (7) in case of sale of a PUD. Again , we would like to bring your attention to the matters of procedure and jurisdiction in processing and enforcing this type of ordinance. It would be our opinion, as practiced in most jurisdictions , that once the concept of the PUD has been approved by the Planning Commission , that all further action should be handled by the full time administrative staff of the City and not by an advisory parry , such as a Planning Commission. We feel that the Planning Commission is going to be over-worked and over-burdened with miscellaneous administrative details which can be handled , quite often , in a routine fashion by paid , full time employees of the City. Since the Planninj Department is to be responsible for the general administra*ion and coordination of this ordinance . the Planning Cormission functions should be limited to the initial study and approval o the Plan. As an example , the City ' s consent Page Three Mr. Gary Kruger Dec, 26 , 1974 to a sale from one legal entity to another, similar to a consent to an as3ignment of a lease, should not require the approval of an advisory body , but only by the regular administrative department of the City having jurisdiction over the matter and possible concurrence }v the City Council. We are mentioning the foregoing for the sole purpose of again explaining to the interested City officials that there sfiou1d be some fairly clear line of demarcation of authority and jurisdiction among the various City administrative staffs within the executive department , the legislative body and advisory bodies . We shall be glad to answer any further questions that you may have. We remain, Very truly yours , Gerard M. Shellan City Attorney GMS:ds P4fr)57 Renton City Council Meeting Minutes of 9/9/74 Page 4 APPOINTMENTS - Continued Hous4 Certificate of Appointment to, Housing Authority was read wherein Authority Mayor Garrett named Mrs. Barbara Shinpoch, 361 Maple Ave. N.W. , as Appointment a commissioner of the Housing Authority of the City of Renton until the 10th day of September 1979, filling the vacancy created upon expiration of term of Mr. Thomas W. Trimm. MOVED BY DELAURENTI , SECONDED BY PERRY, COUNCIL CONCUR IN APPOINTMENT OF THE MAYOR. CARRIED. PROCLAMATIONS Proclamation of Mayor Garrett announced Union Label Week 9/1-7/74 as Union Label Week a tribute to organized labor which symbolizes improved working condi- tions, -better wages and increased security brought to workers through the processes of collective bargaining. MOVED BY CLYMER, SECONDED BY BRUCE, COUNCIL APPROVE PROCLAMATION RETROACTIVELY. CARRIED. OLD BUSINESS P. U. D. Ordinance OVED BY CLYMER, SECONDED BY GRANT, THAT THE PLANNED UNIT DEVELOPMENT /ORDINANCE BE REFERRED TO THE LEGISLATION COMMITTEE. CARRIED. Trees Obstruct Councilman Clymer asked that trees interfering with visibility of traffic Visibility 7 lights at S.3rd. St. and Logan Ave. S. be checked. Public Works Public Wks Committee Chairman Bruce presented committee report concur- Committee ring wit!: ') e Public Works Department and Mayor' s Office and recommends Report the City Council accept the Referendum 27 grant offer in the amount of $41 ,780 for the Springbrook Restoration/Well and Well House. •The report Referendum 27 states the project is part of the Capital Improvements Program; the Springbrook grant amounts to 40% of the improvement and the remaining 60% will be' Restoration/ paid bond sale, with interim financing from the Utilities Division. Well , Well MOVED BY PERRY. SECONDED BY SCHELLERT, COUNCIL CONCUR IN COMMITTEE House RECOMMENDATION TO ACCEPT GRANT OFFER, AUTHORIZING MAYOR AND CLERK TO (See later) EXECUTE GRANT ACCEPTANCE AND REFER TO LEGISLAION COMMITTEE. CARRIED. Highlands Public Works Committee Chairman Bruce presented committee report recom- By Pass mending acceptance of the low bid of Select Contractors , Inc. , Seattle, Sewer in the amount of $180,648.99 on the Highlands By Pass Sanitary Sewer Project, bid opening 8/14/74. MOVED BY SCHELLERT, SECONDED BY BRUCE, COUNCIL CONCUR IN RECOMMENDATION OF THE COMMITTEE AND AWARD BID. CARRIED. Gas Station Councilman Grant inquired re removal of the Time Gas Station at Monroe Removal Ave. N.E. and N.E. 4th St. (Cemetery Rd. ). Mayor Garrett asked Public Works Director Gonnason to check into this matter. Upon inquiry by Matter of Councilman Grant regarding appeal of the Bergmans to the board of Bergman's Cows Adjustment concerning order to remove cows and barn, Public Works Director Gonnason noted the matter was scheduled for the Board's meet- ing 9/17/74 at 8:00 p.m. Recess Councilman Schellert requested Council recess in order to review items before the Finance Committee. MOVED BY STREDICKE, SECONDED BY DELAURENTI , COUNCIL RECESS. CARRIED. Council recessed at 9:30 p.m. and reconvened at 9:50 p.m. and all Councilmen present at roll call . Finance Finance Committee Chairman Schellert reported Finance Corr jRittee recomnenda- Committee Rpt. tion that necessary funds for Park Department raingear be transferred from Park Department Salary Account unto the proper accoi:nt, not to Park Department exceed $350, and Purchasing Director be authorized to purchase raingear Employees and issue to Park Department. MOVED BY DELAURENTI , SECONDED BY PERRY, Raingear COUNCIL CONCUR IN FINANCE AND PERSONNEL COMMITTEE RECOMMENDATION FOR PURCHASE OF RAINGEAR, TRANSFER OF FUNDS & REFER TO LEGISLATION COM. CARRIED. Parking Checker Finance Committee Chairman Schellert reported that the Committee recommened concurrence in Mayor' s request 8/26 to repeal Ordinance No. 2128 and formu- late a Resolution which changes the title of Parking Checker to Parking Controller and transfer the position to Traffic Engineering Division. MOVED BY SCHELLERT, SECONDED BY CLYMER, COUNCIL CONCUR IN FINANCE COMMITTEE RECOMMENDATION AND REFER THE MATTER TO THE LEGISLATION COMMITTEE. Council- man Grant questioned action. MOTION CARRIED. Comprehensive Finance Committee Chairman Schellert reported committee recommendation Employment for approval of the Comprehensive Employment Training Act authorizing Training Act seven new positions, which would include maintenance custodian at Sartori , asking delay in filling of the Fire Department position pending new management in that department. MOVED BY DELAURENTI , SECONDED BY PERRY, COUNCIL CONCUR IN COMMITTEE RECOMMENDATION APPROVING C.E.T.A. AND AUTHOR- IZE THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENT. Personnel Director w OF R14' r- ,VrL i, OFFICE OF THE CITY ATTORNEY • RENTON, WASHINGTON Z '`6: ;1.'. `u qy1 p POST OFFICE BOX 626, 100 2ND AVENUE BUILDING, RENTON, WASHINGTON 98055 ALPINE 5.8678 0 '35 GERARD M. SHELLAN, CITY ATTORNEY Q4: JOHN K. PAIN, JR., ASSISTANT CITY ATTORNEY '94rFD SEPit September 7 , 1974 r Mr. Gary Kruger Associate Planner City Hall Renton , Washington Re : PUD - proposed ordinance Dear Gary: You handed us at the Council meeting last Thursday , September 5 , 1974 , the latest revision of the proposed Planned Unit Development ordinance. Although the matter has been referred to the Legislation Committee , we again wish to point out some of the issues that should be re-considered by your Department , and also brought to the attention of the Legislative body. We hereby make reference to all of our various comments heretofore made , and still believe that they do have some merit. In addition , we would suggest that some additional standards and guidelines be inserted in this ordinance relative to PUDs in industrial-zoned areas . You will recognize that the present draft is directed primarily to residential development and there are a number of other aspects which are peculiar to non-residential PUDs and which should be covered. Is there any reason why a PUD can not be established in a business-zoned area? It might also be necessary to make some policy decisions as to the minimum of acreage required and the present four acres may not necessarily be the proper amount in regards to non-residential property. We are also calling your attention to Section 4-2409 2A and as explained at the meeting , the "common ownership" concept of open space may present a problem that should be clarified. Please also refer to subsection 8B -and we again would suggest a different approach to the matter of landscaping maintenance. Exclusive reliance by the City on the Home Owners ' Association will not be satisfactory from a legal standpoint. Refer also to Section 4-2411-6 . We would suggest that the term "abandonment" be defined by means of a time limitation. Paragraph 7 of the same Section also should be modified. We have some difficulty understanding why a developer , once a preliminary approval Page Two Mr. Gary Kruger September 7 , 1974 has been given by the City , who then sells his property interest, must seek the approval of the Planning Commission and the City Council. Assuming there is sufficient security , i.e. , bonding , then the owner should be at liberty to sell as long as the City does not release him from prior obligations that he has assumed in favor of the City. Was this proposed Subsection also to apply to a corporation in the event of a change of stockholders? What standards would the Planning Commission or Council apply to determine whether the new owner is acceptable? If we can be of any further help to you , or if you wish to discuss any of our suggestions , please let us know. We remain , Very truly ,ours .-) I f ,, Gerd M. h ` ----> City Attorney GMS :ds Renton City Council Meeting Minutes of 8/12/74 - Page 4 OLD BUSINESS - Continued 1, 1 The Loop request to Parks Director Coulon to make contact with King County Parks Department to determine activities in South King County. Grant noted Councilman Delaurenti pointed out this is not a Renton problem as far as people who attend but because it is here. Grant felt private organizations besides the Park Department could come forward with plans for activities, that recreation programs for those ,1 18 to 21yrs. should be developed. Councilman Stredicke presented bumper sticker to Public Works Director regarding Renton' s traffic "H lights Multi-Service MOVED BY GRANT, SECONDED BY SCHELLERT, THAT THE COMBINING OF A Center per MULTI-SERVICE CENTER AGENCY WITH THE PROPOSED NEW FIRE STATION Referendum 29 BE REFERRED TO THE FIRE STATION COMMITTEE TO CHECK INTO THE POSSI- (Clymer Suggestion)BILITIES AND CONTACT THE STATE REGARDING REQUIREMENTS. CARRIED. 41 Planned Unit MOVED BY GRANT, SECONDED BY SCHELLERT, THE PLANNED UNIT DEVELOPMENT Development ORDINANCE BE REFERRED TO THE LEGISLATION COMMITTEE. CARRIED. Ordinance & MOVED BY CLYMER, SECONDED BY DELAURENTI , SLIDE AND FILM PRESENTA- TION ON PLANNED UNIT DEVELOPMENT ON SEPTEMBER 5, 1974. CARRIED. Shell Oil Matter Councilman Grant asked Council direction on the Shell Oil appeal for Special Permit denied by the Planning Commission and referred to the Community Services Committee with Public Hearing scheduled for August 26, 1974. Councilman Stredicke asked that committee review process and reason for denial , that council committee be informed. Councilmen in agreement that no recommendation be made by committee, but background information assembled. Transportation Transportation Committee Chairman Perry presented committee report Committee Rpt. noted review of the Performance Criteria and Design Standards for Metro Flyer Stops and Park and Ride Lots and has no objections to Metro Flyer Stops the proposed performance criteria and encourages Metro to proceed Park & Ride Lots with the program. The report stated the committee reserves the right to review some of the early installations and make comments and suggestions if appropriate at that time. MOVED BY SCHELLERT, SECONDED BY STREDICKE, COUNCIL CONCUR IN COMMITTEE REPORT. CARRIED. Metro Shelters Transportation Committee report noted review of environmental assessment of the Metro passenger shelter program and is concerned about the lack of landscaping and screening in the preliminary draft, recommending that the City administration advise Metro of this concern and also the lack of early programmed shelter facilities for the Renton area. MOVED BY SCHELLERT, SECONDED BY STREDICKE CONCUR IN THE REPORT AND REFER THE MATTER TO THE CITY OF RENTON'S REPRESENTATIVE TO METRO. CARRIED. Noise Pollution Transportation Committee report noted review of Mr. H.A. VanAusdal ' s FAI 405 request regarding the problem of noise on FAI 405 in the Kennydale area and recommended that the City Administration request the State Highway Department to review the matter of noise pollution on FAI 405 through the City and further request that sound barriers be installed in residential areas especially where there are sub- stantial grades and heavy noise pollution. MOVED BY STREDICKE, SECONDED BY SCHELLERT, COUNCIL CONCUR IN RECOMMENDATION. CARRIED. RR X' ing Councilman Stredicke asked that additional coverage be placed on L. I. D. Bulletin railroad crossings. Councilman Stredicke discussed informational material for local improvement districts which could be distributed to involved and interested citizens. MOVED BY STREDICKE, SECONDED BY CLYMER, QUESTION OF INFORMATIONAL BULLETIN FOR L.I .D. 's BE REFERRED TO THE DEPUTY PUBLIC WORKS DIRECTOR. CARRIED. NEW BUSINESS Council President Clymer discussed the need for study sessions by Council Study the Council , Committee of the Whole meetings having been discontinued Sessions per Open Meeting Act and with the addition of Special Council Meeting on first Thursday of the month, except January, July and November. City Attorney Shellan advised no change in ordinance would be necessary, only change in procedure for the Thursday night meet- ing, the Council President to prepare the agenda and preside, no A. a U...._, simiR 1,0 PLANNING DEPARTMENT • RENTON,WASHINGTON 1 a MUNICIPAL BUILDING • RENTON.WASHINGTON 98055 • 235-2550 ,y�p `�� PUBLIC HEARING 'oql CAPITAL UE 1 PROPOSED PLANNED UNIT DEVELOPMENT (PUD) ORDINANCE The Community Services Committee of the City Council is holding a public hearing on a proposed PUD ordinance . WHEN : 7 : 30 P .M. Thursday, March 22 , 1973 WHERE : Council Chambers (Second Floor) Renton Municipal Building 200 Mill Ave . South Renton , Washington You are invited to attend and express your comments on the proposed ordinance . Written comments submitted prior to the hearing would be appreciated. ' Copies of the April 12 , 1972 , edition (seventh draft) are available upon request from the Planning Department , Third Floor, Municipal Building . Should you have any questions please contact the Plan- ning Department at 235-2550 . J WOfrfij, CITY OF RENTON v- NOTICE OF PUBLIC HEARING �I By RENTON CITY COUNCIL NOTICE IS HEREBY GIVEN that the Community Services Committee of the Renton City Council has fixed the 22nd day of March, 1973 , at 7 : 30 p.m. in the Council Chambers of the Renton Municipal Building, Renton, Washington as the time and place for a public hearing to consider the following : Proposed Planned Unit Development (PUD) Ordinance . Copies of the April 12 , 1972 , edition (seventh draft) are available upon request from the Planning Department, Third Floor, Municipal Building . Any and all interested persons are invited to be present to voice approval , disapproval of opinions on same. CITY OF RENTON - Maxine E. Motor , Deputy City Clerk DATE OF PUBLICATION 3/9/73 & 3/11/73 CERTIFICATIO N STATE OF WASHINGTON) ) ss . COUNTY OF KING I , hereby certify that three (3) copies of the above notice were posted by me in three conspicuous places on the property described and one copy was posted at the City Municipal Building, Renton, Washington on date of , 19 Signed ATTEST: Notary Public in and for the State of Washington, residing at Renton Renton City Council Meeting Minutes of 7/1/74 - Page 3 OLD BUSINESS - Continued Public Hearing by the Ministerial Association, urging further investigation. Council- Re Gambling man Delaurenti noted proposed ordinance was suggestion, City has right July 15, 1974 to decide what they want, gambling not illegal and no previous problems with punchboards and pulltabs. Following further discussion, MOTION CARRIED. Transportation Transportation Committee Chairman Perry submitted committee report which Committee Rpt. recommended installation of stop sign at the intersection of Index Ave. N. E. and N.E. 9th St. having investigated Council referral of 6/17/74. Stop Sign MOVED BY SCHELLERT, SECONDED BY DELAURENTI , COUNCIL CONCUR IN RECOM- MENDATION OF THE COMMITTEE. CARRIED. Aviation Rpt. Aviation Committee Chairman Stredicke submitted committee recommendation Aeronautics for passage of resolution authorizing acceptance of Washington State Grant Offer Aeronautics Commission Grant Offer in the amount of $50,000 to aid in airport improvements. MOVED BY PERRY, SECONDED BY BRUCE, REFER THIS COMMUNICATION TO THE FINANCE AND LEGISLATION COMMITTEES.(See Later. ) NEW BUSINESS Council President Clymer submitted letter from Seattle attorneys of TelePrompTer TelePrompTer Corporation of Seattle, cable television service provided Requests pursuant to franchise issued by the City Council , which letter reported TV r'.hle increase of monthly customer service charge to $7,95 plus $2.00 for Rate Increase each additional outlet. MOVED BY STREDICKE, SECONDED BY PERRY, THIS COMMUNICATION BE REFERRED TO THE COMMUNITY SERVICES COMMITTEE. CARRIED. Municipal Finance Committee Chairman Scheliert submitted request of Finance Government Director Marshall , bearing Finance Committee concurrence, that author- Intern for ity be granted to hire a Municipal Government Intern for Program Program Budgeting, July through September at a pay rate of $700 per month. Budgeting The Intern's duties were listed as : 1 ) Define program structure objectives and measurement criteria for ali departments, 2) Determine specific projects and goals for 1975 within programs, 3) Include program structure and the projects for 1975 in a comparison document to the Budget for use by Mayor and Council . Finance Director proposed funding by transfer of $2,223 from Contingency Fund and referral to the Legislative Legislation Committee. MOVED BY SCHELLERT, SECONDED BY BRUCE, COUNCIL Aide CONCUR. Following discussion of Council 's Legislative Aide position, MOTION CARRIED. VOUCHERS FOR Finance Committee Chairman Schellert ,reported committee recommendation APPROVAL for payment of Vouchers 4599 through 4723 in the amount of $106,603.47 4587--4598 Voided having received departmental certification as to receipt of merchandise plus #4692 and/or services. Vouchers No. 4587 through 4598 were machine voided. 4599-4723 O. K. MOVED BY SCHELLERT, SECONDED BY DELAURENTI , VOUCHERS BE APPROVED. CARRIED. First Reading i Legislation Committee Chairman Stredicke introduced three ordinances Platting and recommending first reading and referral back to committee. City Subdivision Clerk Mead read updating ordinance concerning subdivision and plats . Ordinance MOVED BY SCHELLERT, SECONDED BY DELAURENTI , COUNCIL REFER ORDINANCE BACK TO THE LEGISLATION COMMITTEE. First Reading Following first reading of an ordinance relating to the Department Ordinance - of Public Works providing for the appointment of a Deputy Director of Deputy Public Public Works, prescribing duties and qualifications , it was MOVED BY Works Director DELAURENTI , SECONDED BY SCHELLERT, ORDINANCE BE REFERRED BACK TO THE LEGISLATION COMMITTEE. CARRIED. First Reading City Clerk Mead read ordinance relating to the Department of Public Ordinance Works, providing for appointment of Airport Director, specifying duties Appointment and providing for the establishment of an Airport Division within the of Airport Department of Public Works : MOVED BY DELAURENTI , SECONDED BY SCHELLERT Director ORDINANCE BE REFERRED BACK TO THE LEGISLATION COMMITTEE. CARRIED. Resolution 1916 Legislation Committee Chairman Stredicke presented three resolutions 6-Yr.Street Plan recommending reading and adoption. City Clerk Mead read resolution adopting the City's "Six Year Arterial Construction Program" and the City's "Arterial Street Plan" public hearing having been held June 24, 1974. MOVED BY DELAURENTI , SECONDED BY SCHELLERT, RESOLUTION BE ADOPTED AS READ. CARRIED. AYwi Renton City Council May 27, 1974 - Page 2 Greater Renton Councilman Stredicke introduced Mary Smith, reporter from the New Reporter Greater Renton News. CORRESPONDENCE AND City Clerk Mead read the tabulation of the bid opening of May 22, CURRENT BUSINESS 1974 on a year's supply of cold water meters. MOVED BY STREDICKE, Bid Opening - Cold SECONDED BY PERRY TO REFER TO THE PUBLIC WORKS COMMITTEE. CARRIED. Water Meters L.I.D. 284 A protest letter from Mr. Robert A. Fawcett was read asking deletion R. A. Fawcett from L.I.D. 284. MOVED BY PERRY, SECONDED BY DELAURENTI, THAT 4008 Meadow N. THIS COMMUNICATION BE REFERRED TO THE PUBLIC WORKS DIRECTOR AND THE CITY ATTORNEY. CARRIED. Planned Unit A letter from Mr. E. R. Coleman, 222 Williams Ave. S. , was read L'eveZopment urging the adoption of an ordinance allowing a Planned Unit Develop- ment for the City. MOVED BY DELAURENTI, SECONDED STREDICKE, THAT THE LETTER BE REFERRED TO THE PLANNING DEPARTMENT AND THE COMMUNITY SERVICES COMMITTEE. MOTION CARRIED. Renton's Diamond City Clerk Mead read letter from Mayor Garrett requesting official J:bilee and recognition by the Council of the Renton Bicentennial Steering Bicentennial Committee which was formed early this year to develop ideas for Celebration the nation 's bicentennial celebration in 1976, which year also marks Renton's 75th anniversary of incorporation as a city. Renton's theme is to be lasting GIFTS to the community. A Zist of the present members of the committee was attached. It was MOVED BY STREDICKE, SECONDED BY BRUCE, THAT THE COUNCIL CONCUR IN THE MAYOR'S REQUEST, AND THE LETTER BE REFERRED TO THE LEGIS- LATION COMMITTEE FOR PROPER LEGISLATION. MOTION CARRIED. Puget Sound Letter from League of Women Voters of King County South urged City 's Governmental Conf. review of the third draft of the study prepared by PSGC, Agriculture Agriculture Land Land Use in the Central Puget Sound Area. MOVED BY STREDICKE, SECONDED Use Plan BY PERRY, TO REFER THIS MATTER TO THE COMMUNITY SERVICES COMMITTEE. CARRIED. Claims for Damages Clerk read Claim for Damages filed by Mr. William G. Weaver, 20344 Mr. Wm. G. Weaver 34th Ave. S., Seattle, for damage to airplane propeller allegedly due to a chuck hole in the asphalt at the Renton Airport. MOVED BY SCHELLERT, SECONDED BY DELAURENTI, TO REFER TO THE CITY ATTORNEY AND THE INSURANCE CARRIER. MOTION CARRIED. Councilman Stredicke requested that the Aviation Committee be furnished a copy. Mr. W. E. Thompson Clerk read Claim for Damages filed by Mr. Weldon E. Thompson, 5215 South Holly, Seattle, for damage to tire allegedly caused by a nail in traffic counter. MOVED BY DELAURENTI, SECONDED SCHELLERT, TO REFER TO THE CITY ATTORNEY AND THE INSURANCE CARRIER. CARRIED. APPOINTMENTS Letter from Mayor Garrett requesting concurrence in appointment to Virginia L. Shinn position of Clerk in the Police Department, subject to the six- Police Department month probationary period, effective June 1, 1974. MOVED BY DELAURENTI, SECONDED BY BRUCE, TO CONCUR IN THE APPOINTMENT. CARRIED. OLD BUSINESS Councilman Delaurenti reported receipt of a check for $25. 00 from BaZZ Field Lighting the Public Service Employees, Local #674, for contribution toward Contribution Ball Field lighting for youth activities. Councilman Stredicke inquired as to guarantee that donations would benefit Little Leaguers. Bid Award Public Works Committee report submitted by committee Chairman Bruce Year's Supply recommended acceptance of the low bid submitted by Carton Meter Sales Cold Water Meters Company for supplying cold water meters 3/4" through 2" for a period of one year in the amount of $10,214. 31 be accepted. MOVED BY DELAURENTI, SECONDED BY SCHELLERT, TO CONCUR IN THE REPORT OF THE PUBLIC WORKS COMMITTEE. MOTION CARRIED. 1 May 23 , 1974 Honorable Mayor Avery Garrett And Members of the City Council , City Hall , Renton , Wa . Gentlemen : I am writing to urge-you to consider the adoption of an ordinance allowing a Planned Unit Development ( P . U . D) for the City . It has consistently become more difficult for property owners or developers to put land to its highest and best use because of the many re- strictions and agencies involved . The allowance of a Planned Unit Development would make it possible for property owners of larger tracts to develope their property if they so desired . I would suggest the minimum size be 3 acres to qualify . It would be most unfortunate if every effort was not put forth to retain the small business man in our community . I certainly do not think America can survive without them . It has consistently become more difficult to stimulate interest in potential tennants , builders , and developers in this area . And , I am sure you gentlemen to not prefer such an attitude to con- tinue . Trusting you will seriously consider this request , I am Sincerely , ,., lif .'L l�-i ee : E . . Coleman Mqi, 222 Williams Ave . S . `; / I? d�s � , (21 Renton , Wa . 98055 i edAtikti-ecSAY k 24 2T FOR ry CITY OF RENTON NOTICE OF PUBLIC HEARING ��� � By RENTON CITY COUNCIL NOTICE IS HEREBY GIVEN that the Community Services Committee of the Renton City Council has fixed the 22nd day of March, 1973 , at 7 : 30 p.m. in the Council Chambers of the Renton Municipal Building, Renton, Washington as the time and place for a public hearing to consider the following : Proposed Planned Unit Development (PUD) Ordinance . Copies of the April 12 , 1972 , edition (seventh draft) are available upon request from the Planning Department, Third Floor, Municipal Building. Any and all interested persons are invited to be present to voice approval , disapproval of opinions on same. CITY OF RENTON Maxine E. Motor , Deputy City Clerk DATE OF PUBLICATION 3/9/73 & 3/11/73 CERTIFICATION STATE OF WASHINGTON) ) ss . COUNTY OF KING I , hereby certify that three (3) copies of the above notice were posted by me in three conspicuous places on the property described and one copy was posted at the City Municipal Building, Renton, Washington on date of , 19 Signed ATTEST: Notary Public In and for the State of Washington, residing at Renton 1j9/44/1;kb-- Renton City Council Meeting Minutes of 8/19/74 - Page 5 VOUCHER APPROVAL Finance Committee Chairman Schellert submitted committee report for 5569-577' Void approval of payment of vouchers #5578 through #5732 in the amount of 5578-5732 O. K. $132,683.39 having received department certification as to receipt of merchandise and/or services. Vouchers #5569 through #5777 were machine voided. MOVED BY SCHELLERT, SECONDED BY DELAURENTI , VOUCHERS BE APPROVED FOR PAYMENT. MOTION CARRIED. ORDINANCES Legislation Committee Chairman Stredicke presented the Sign Code Sign Code Ordinance for first reading and explained some of the revisions. OrdinanceAfter reading, it was MOVED BY DELAURENTI , SECONDED BY SCHELLERT, THAT THE PROPOSED ORDINANCE BE REFERRED BACK TO THE LEGISLATION COMMITTEE. Councilman Perry presented his minori'ty report of the Legislation Committee recommending that the following paragraph be added to the Sign Code, Section 4-1918-6. P-1 (Public Use) District: "no approval shall be necessary by the Sign Design Committee of any design or logo as to any church, school district or identifying signs of any other municipal or quasi-municipal entity" . MOVED BY PERRY, SECONDED BY DELAURENTI , THAT THIS AMENDMENT BE INCLUDED IN THE PRO- POSED ORDINANCE. Discussion ensued concerning regulations , emblems or functions not prohibited, but general control felt to be necessary. ROLL CALL VOTE: 2 AYES, 5 NOS. AMENDMENT FAILED. ORIGINAL MOTION CARRIED. Sign Design Legislation Committee Chairman Stredicke presented the Sign Design Review Board Review Board ordinance for first reading. After reading, it was MOVED BY DELAURENTI , SECONDED BY CLYMER, TO REFER BACK TO THE LEGISLA- TION COMMITTEE. MOTION CARRIED. Ordinance 2873 Legislation Committee Chairman announced receipt of the Restrictive Rezone GS-1 to Covenants from Nesheim, Bitney and Grouws for the rezone of their L-1 property from GS-1 to L-1 and presented the ordinance for first read- ing. After reading , the ordinance was advanced for second and final readings. MOVED BY DELAURENTI , SECONDED BY SCHELLERT, THAT THE ORDI- NANCE BE ADOPTED AS READ. ROLL CALL VOTE: ALL AYES. MOTION CARRIED. RESOLUTIONS Legislation Committee Chairman presented resolution for adoption Resolution 1930 setting date of September 23, 1974 for Public Hearing on petition Public Hearing for street vacation of "M" Place No. (Highlands Church of Christ) . 9/23/74, Street MOVED BY SCHELLERT, SECONDED BY GRANT, THAT THE RESOLUTION BE ADOPTED Vacation, M PI .N. AS READ AND PUBLIC HEARING DATE OF SEPTEMBER 23, 1973 BE SET. CARRIED. Planned Unit MOVED BY STREDICKE, SECONDED BY PERRY, THAT THE PROPOSED PLANNED UNIT Development DEVELOPMENT ORDINANCE (PUD) BE REFERRED FROM THE LEGISLATION COMMITTEE TO THE COMMUNITY SERVICES COMMITTEE. After some discussion, MOTION FAILED. MOVED BY STREDICKE, SECONDED BY DELAURENTI THAT THE PLANNED UNIT DEVELOPMENT ORDINANCE BE REFERRED TO THE COMMITTEE OF THE WHOLE. MOTION CARRIED. Adjournment MOVED BY DELAURENTI , SECONDED BY GRANT, COUNCIL MEETING ADJOURN. MOTION CARRIED. Meeting adjourned at 11 :08 P.M. 4-10,(44, Delores A. Mead, CityClerk jt laD Renton City Council Meeting Minutes of 8/12/74 - Page 4 OLD BUSINESS - Continued The Loop request to Parks Director Coulon to make contact with King County Parks Department to determine activities in South King County. Grant noted Councilman Delaurenti pointed out this is not a Renton problem as far as people who attend but because it is here. Grant felt private organizations besides the Park Department could come forward with plans for activities, that recreation programs for those 18 to 21yrs. should be developed. Councilman Stredicke presented bumper sticker to Public Works Director regarding Renton' s traffic lights Multi-Service MOVED BY GRANT, SECONDED BY SCHELLERT, THAT THE COMBINING OF A Center per MULTI-SERVICE CENTER AGENCY WITH THE PROPOSED NEW FIRE STATION Referendum 29 BE REFERRED TO THE FIRE STATION COMMITTEE TO CHECK INTO THE POSSI- (Clymer Suggestion)BILITIES AND CONTACT THE STATE REGARDING REQUIREMENTS. CARRIED. Planned Unit MOVED BY GRANT, SECONDED BY SCHELLERT, THE PLANNED UNIT DEVELOPMENT Development ORDINANCE BE REFERRED TO THE LEGISLATION COMMITTEE. CARRIED. Ordinance & MOVED BY CLYMER, SECONDED BY DELAURENTI , SLIDE AND FILM PRESENTA- Presentation TION ON PLANNED UNIT DEVELOPMENT ON SEPTEMBER 5, 1974. CARRIED. Shell Oil Matter Councilman Grant asked Council direction on the Shell Oil appeal for Special Permit denied by the Planning Commission and referred to the Community Services Committee with Public Hearing scheduled for August 26, 1974. Councilman Stredicke asked that committee review process and reason for denial , that council committee be informed. Councilmen in agreement that no recommendation be made by committee, but background information assembled. Transportation Transportation Committee Chairman Perry presented committee report Committee Rpt. noted review of the Performance Criteria and Design Standards for Metro Flyer Stops and Park and Ride Lots and has no objections to Metro Flyer Stops the proposed performance criteria and encourages Metro to proceed Park & Ride Lots with the program. The report stated the committee reserves the right to review some of the early installations and make comments and suggestions if appropriate at that time. MOVED BY SCHELLERT, SECONDED BY STREDICKE, COUNCIL CONCUR IN COMMITTEE REPORT. CARRIED. review of environmental Metro Shelters Transportation Committee report noted rev w et o P of the Metro passenger shelter program and is concerned assessmentp g P 9 about the lack of landscaping and screening in the preliminary draft, recommending that the City administration advise Metro of this concern and also the lack of early programmed shelter facilities for the Renton area. MOVED BY SCHELLERT, SECONDED BY STREDICKE CONCUR IN THE REPORT AND REFER THE MATTER TO THE CITY OF RENTON'S REPRESENTATIVE TO METRO. CARRIED. Noise Pollution Transportation Committee report noted review of Mr. H.A. VanAusdal ' s FAI 405 request regarding the problem of noise on FAI 405 in the Kennydale area and recommended that the City Administration request the State Highway Department to review the matter of noise pollution on FAI 405 through the City and further request that sound barriers be installed in residential areas especially where there are sub- stantial grades and heavy noise pollution. MOVED BY STREDICKE, SECONDED BY SCHELLERT, COUNCIL CONCUR IN RECOMMENDATION. CARRIED. RR X' ing Councilman Stredicke asked that additional coverage be placed on L. I . D. Bulletin railroad crossings. Councilman Stredicke discussed informational material for local improvement districts which could be distributed to involved and interested citizens. MOVED BY STREDICKE, SECONDED BY CLYMER, QUESTION OF INFORMATIONAL BULLETIN FOR L. I .D. ' s BE REFERRED TO THE DEPUTY PUBLIC WORKS DIRECTOR. CARRIED. NEW BUSINESS Council President Clymer discussed the need for study sessions by Council Study the Council , Committee of the Whole meetings having been discontinued Sessions per Open Meeting Act and with the addition of Speci. 1 Council Meeting on first Thursday of the month, except January, July and November. City Attorney Shellan advised no change in ordinance would be necessary, only change in procedure for the Thursday night meet- ing, the Council President to prepare the agenda and preside, no f4f42 Renton City Council Minuuc Meeting of 7/22/74 - Paae 3 AUDIENCE COMMENT Visitors Mayor Garrett introduced Mr. Lowell Smith with Scout Troup 493 of the Hillcrest School . Mr. Smith introduced each scout and noted troop working toward Community Service badges. APPOINTMENTS Letter of Mayor Garrett appointed Del Bennett to the position of Airport Director for the City effective July 17, 1974. Moved by Airport Director Stredicke, seconded by Bruce, Council concur in appointment. MOVED BY SCHELLERT, SECONDED BY GRANT, COUNCIL REFER APPOINTMENT TO THE FINANCE AND PERSONNEL COMMITTEE. CARRIED. Planning Letter of Mayor Garrett announced the following reappointments to the Commission Planning Commission; recent ordinance reduced terms of members from 6- years to 4 years: Anthone R. Mola, 516 S. 15th, member since 1/68, term expiring 1/1/78. Don Humble, 360 Stevens , member since 1/70, term expiring 1/1/78. Bylund V. Wik, 2616 N.E. 18th St. , member since 11/72, term expiring 1/1/77. MOVED BY DELAURENTI , SECONDED BY GRANT, .OUNCIL REFER APPOINTMENTS TO THE FINANCE AND PERSONNEL COMMITTEE. CARRIED. Upon inquiry, Mayor Garrett noted that the terms of Planning Commission Members P. Seymour and C. Teeyarden expire the end of this year. Library Board Letter of Mayor Garrett announced appointment of Jay S. Ford to the Library Board for a 5-year term expiring 6/1/79, replacing Ken Zehm whose appointment expired 6/1/74. Mr. Ford lives at 679 Union N.E. is employed by The Boeing Co. as buyer and is recently received his master's degree at Seattle University. MOVED BY DELAURENTI , SECONDED BY CLYMER, APPOINTMENT BE REFERRED TO THE FINANCE AND PERSONNEL COMMITTEE. Upon inquiry, Mayor Garrett noted the 5-year term was statuatory requirement for the Board. CARRIED. OLD BUSINESS The Loop Councilman Clymer noted Channel 4 coverage of the "Loop" resulted in crowd on Saturday night. Discussion ensued on history of "buzzing the Barrel ," alternate activities and traffic computer as means of control . MOTION BY CLYMER, SECONDED BY PERRY, SUBJECT MATTER OF THE "LOOP" BE REFERRED TO THE COMMUNITY SERVICES COMMITTEE TO INVESTI- GATE RECREATIONAL ALTERNATIVES AND REPORT BACK. CARRIED. Councilman Grant Councilman Grant noted first reading 10/1/73 of an ordinance regarding Renton Planned Unit Development and requested joint meeting with Legislation Committee and Attorney for review of ordinance. Council- man Grant asked for review by the Public Works Department of traffi.. signals, especially between the Highlands and downtown, including the Maple Valley Y; also suggesting the Transportation Committee review control of signals on State highways within the City. Mayor Garrett asked Public Works Director Gonnason to check. Gonnason reported the computer operation on signal systems is partially in operation now. Finance Committee Finance and Personnel Committee Chairman Schellert submitted committee Sartori School report concurring in the Finance Director's recommendation for Senior Citizens transfer of funds from unused Building Dept. salary unto Park & Recreatil Program Senior Citizens ' Recreational Services providing custodian and operat- ing costs for Sartori School . Amount of transfer recommended is $7,433. The report recommended referral to the Legislation Committee. MOVED BY PERRY, SECONDED BY BRUCE, COUNCIL CONCUR IN REPORT AND REFER TO THE LEGISLATION COMMITTEE. CARRIED. Legislation Legislation Committee Chairman Stredicke presented committee report Committee Rpt. recommending that the Mayor and City Clerk be authorized to sign the Olympic Pipe Line Company agreement, subject to approval by the City Olympic Pipe Line Attorney. The report recommended a revision be made, adding the Co, Agreement term "finish grade" to the section on "Trails . " MOVED BY PERRY, SECONDED BY SCHELLERT, COUNCIL CONCUR IN COMMITTEE RECOMMENDATION. Councilmen Schellert noted donation by Olympic Right of Way Agent, Max Farr, of property valued in excess of $10,000 which gives access 1' to the marshland. MOTION CARRIED. Councilman Grant excused himself from the Council Chambers and took no part in this matter. MOVED by SCHELLERT, SECONDED BY BRUCE, SUSPEND RULES AND PRESENT RESOLUTION GRANTING ADDITIONAL PIPE LINE INSTALLATIONS TO THE OLYMPIC PIPE LINE COMPANY. CARRIED. Following reading of the resolution authorizing the Mayor and City Clerk to execute agreement, it was MOVED BY DELAUR Resolution 1921 DELAURENTI , SECONDED BY BRUCE, COUNCIL ADOPT RESOLUTION AS READ. CARRIED. /- INTEROFFICE MEMO TO : Warren C. Gonnason , Public Works Director DATE : February 19 , 1975 (Dictated Feb . 15 , 1975 ) FROM: Gerard M. Shellan, City Attorney SUBJECT: Revisions to City Standard Ac-reement re Contracts for Construction and Ma terials Dear Warren : This is to acknowledge your Interoffice Memorandum received February • 13 . 1975 , regarding the above captioned matter. The following are our comments regarding the proposed revisions of the City's contract • form for all contracts other than Federal--Aid Contracts . Since the format should be re-written we would sugpst , first of all , that five to six lines be left blank between the numbered paragraphs . The two changes proposed by you are approved as to form. In addition we make the following suggestions : a.., On page 1, after the three lines left blank , the paragraph should read as follows : "All the foregoing shall he timely performed , furnished , constructed , installed and completed in strict conformity with the plans and specifications , including any and all addenda issued by the City and all other documents hereinafter enumerated , and in Full compliance with all applicable codes , ordinances and regulations of the City of. Renton and any other governmental authority having jurisdiction thereover. ` It is further agreed and stipulated that all of said labor, materials , appliances , machines , tools , equipment and services shall be furnished and the construction installation performed and completed to the satisfaction and the approval of the City 's Public Works Director as being in such conformity with the plans , specifications and all requirements of or arising under the Contract. " 11 b. We would suggest that you leave room for additional items , at the end ofluragraph (2) that may be included. c. The so-called "hold harmless" clause in paragraph (5) should be re-written as follows: "Contractor agrees and covenants to hold and save the City, its officers , agents , representatives and employees harmless and to promptly indemnify same from and against any and all claims , actions , damages , liability of every type and nature including-;:all costs and legal expenses ti incurred by reason of any work arising tinder or in connection with the contract to be performed hereunder, including loss of life , personal injury and/or damage to property arising from or out of any occurrence , omission or activity upon, on or about the premises worked upon or in any way relating to this contract. This hold harmlessCindemnification provision shall likewise apply for o.r on account of any patented or unpatented invention , process , article or appliance manufactured for use in the performance of the contract , including its use by the City, unless otherwise specifically provided for in this Contract. "In the event the City shall , .without fault on its part , be made a party to any litigation commenced by or against Contractor,. then Contractor shall proceed and hold the City harmless and s_ he shall pay all costs , expenses and reasonable attorney 's fees incurred or paid by the City in connection with such litigation. Furthermore , Contractor agrees to pay all costs , expenses and reasonable attorney 's fees that may be incurred or paid by City in the enforcement of any of the covenants , provisions and agreements hereunder. " d. We would further amend paragraph (7) so that after the words . . . "as liquidated damages . . " the following be added in brackets "(and not as a penaltyY" . e. At tree end of paragraph '(8) we would add the following : "and Contractor shall he obligated to immediately take steps to correct and remedy any such defect , fault or breach at the sole cost and expense of Contractor" >9e would suggest that you study the foregoing provisions and let us Mow whether they meet with your approval. We shall be glad to look over a draft of a new contract form for final approval. In regard to the "Federal-Aid Contract" form, same is approved as to the corrections proposed by you. However , we are wondering y whether paragraph 5 (f) , page 4 of the U.S. Department of Transportation Rules is simply limited . to- a "guarantee of materials and workmanship" as distinguished from an obVieus defect in either that was not discoverable at the time of the contract ' s acceptance! If we cannot hold a contr-eactor, under this type of Federal Aid project , to remedy defects that may show up within a period of one year or thereabouts , then the City would have a substantial burden by assuming the risk, not discoverable •at the time of the contract's acceptance, and thud being unable to pursue any action against the Contractor. This, in our opinion, does not seem to be a satisfactory solution. ; Our comments made hereinabove as to the proposed corrections in our standard contract form will likewise apply to "Federal-Aid Contracts" unless specifically amended by the Federal government's regulation as youhave pointed out. In each contract form I would leave room for additional paragraphs to be added, after paragraph (11) that could be inserted in a given case. Please let me know whether we can be of any father assistance to you in this matter. Gerard M. Shellan GMS :nd t- .S. Additionally , we -.3ould .surxest- that tee last few words in earagra b (6) , ' ottom of pane 3 , ee chen ;ee to .reld ". . .postage ,rep aid , certified or rerr istcred Paragraph 8 , page 4 , fourth line, delete the word „express" so the warranty will apply whether ex eeess or implied.