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HomeMy WebLinkAboutORD 5867 CITY OF RENTON, WASHINGTON ORDINANCE N0. 5867 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON,AMENDING SECTIONS 4-2-060, 4-2-080, 4-2-110, 4-3-040, 4-3-100, 4-4-070, 4-4-080, 4-4-130, 4-6-060, 4-7-090, 4-7-170, 4-9-030, 4-9-250, 4-11-040, 4-11-120, AND 4-11-250 OF THE RENTON MUNICIPAL CODE, CODIFYING ADMINISTRATIVE CODE INTERPRETATIONS FROM MARCH 24, 2017 TO OCTOBER 3, 2017, INCLUDING AMENDING THE DEFINITIONS OF "DENSITY, NET," "LOT COMBINATION," "LOT, LEGAL," "LOT, LINES," "LOT MEASUREMENTS," "LOT TYPES," "LOWEST FLOOR," AND "YARD REQUIREMENT," AND PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, pursuant to Renton Municipal Code Section 4-1-080, Interpretation, the Community and Economic Development Administrator ("Administrator") is authorized to make interpretations regarding the implementation of unclear or contradictory regulations contained in Title IV; and WHEREAS, the Administrator recognized that the Title IV regulations addressed in this Ordinance contained unclear or contradictory language; and WHEREAS, this matter was duly referred to the Planning Commission for investigation and study, and the matter was considered by the Planning Commission; and WHEREAS, pursuant to RCW 36.70A.106, on August 31, 2017, the City notified the State of Washington of its intent to adopt amendments to its development regulations; and WHEREAS, the Planning Commission held a public hearing on October 18, 2017, considered all relevant matters, and heard all parties in support or opposition, and subsequently forwarded a recommendation to the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: 1 ORDINANCE N0. 5867 SECTION I. Subsections 4-2-060.1, 4-2-060.J and 4-2-060.M of the Renton Municipal Code are amended as shown on Attachment A. SECTION II. Subsection 4-2-080.A.29 of the Renton Municipal Code is amended as follows: 29. Specified use(s) are only allowed in the Employment Area (EA) land use designation west of Rainier Avenue South/SR-167 provided: a. Gambling facilities, vehicle and equipment rental� and communication broadcast and relay towers are e�� prohibited within the area south of I-405 and north of SW 16th Street. b. Outdoor storage (existin� and new), vehicle stora�e and large vehicle sales are only allowed in the area south of I-405 and west of Rainier Avenue South/SR_167. Outdoor stora�e is allowed as an accessorv use in all industrial zones. ��,�.��*.•-,i , r� S�Iffar�rir� �+ �� .� a • � �• �. . b �n �^L,+ 1.�,J + ' I I I I 1 7 --- -•'- -.o.._ ............... ���� �vr-r� SECTION 111. Subsection 4-2-080.A.78 of the Renton Municipal Code is amended as follows: 78. Specified use(s) are permitted in locations that are south of Gene Coulon Memorial Park, north of North Park Drive or �west of Logan Avenue North, and east of the Cedar River. 2 ORDINANCE N0. 5867 SECTION IV. The Maximum Net Density and Minimum Front Yard rows of subsection 4- 2-110.A of the Renton Municipal Code are amended as shown on Attachment B. The remainder of the subsection shall be unchanged. SECTION V. Subsection 4-2-110.D.6 of the Renton Municipal Code is amended as follows: 6. ; , Reserved. SECTION VI. Section 4-3-040 of the Renton Municipal Code is amended as follows: 4-3-040 AUTOMALL DISTRICT: A. PURPOSE: These regulations establish development standards to implement the Renton Automall Improvement Plan by �uidin� �ri�� The�e reg�la�ien�ide—the redevelopment of the Automall District. B. APPLICABILITY—RENTON AUTOMALL DISTRICT: 1. Automall Area A: Those properties within the areas bounded by South Grady Way on the north, Rainier Avenue South (SR-167) on the east, I-405 on the south, and Seneca Avenue South on the west,and that area bounded by SW Grady Way on the north, Raymond Avenue SW on the west, Seneca Avenue SW on the 3 ORDINANCE NO. 5867 east, and the alley midway between SW Grady Way and SW 12th Street on the south. 2. Automall Area B: Those properties the majority of which fall within the following described areas: That area along the south side of SW Grady Way defined by the alley between SW Grady Way and SW 12th Street on the north, Seneca Avenue SW on the east, Raymond Avenue SW on the west, and I-405 on the south; That area atong the south side of SW Grady Way west of Raymond Avenue South between SW Grady Way on the north, Raymond Avenue South on the east, a north/south line approximately four hundred feet (400') west of Raymond Avenue SW on the west, and I-405 on the south; That area along the north side of SW Grady Way west of Lind Avenue South bounded by SW Grady Way on the south, Oakesdale Avenue SW on the west, SW 10th Street and its southwesterly extension on the north, and Lind Avenue SW on the east; That area along the north side of SW Grady Way between Lind Avenue to the west and Rainier Avenue South on the east. Beginning at a point approximately four hundred feet(400') north of SW Grady Way along the east side of Lind Avenue SW on the west, then east for a distance of approximately three hundred twenty five feet(325'),then south to a point approximately one hundred eighty feet (180') north of SW Grady Way,then east from this point parallel to SW Grady Way to a point approximately ninety feet (90') west of Rainier Avenue 4 ORDINANCE NO. 5867 South, then north from this point approximately sixty feet (60'), then west approximately fifty feet (50'), and then north approximately two hundred fifteen feet (215') and then east approximately one hundred sixty feet (160') to Rainier Avenue South on the east; That area north of South 7th Street and west of Hardie Avenue generally described as the area beginning at the northwest corner of South 7th Street and Hardie Avenue South and then proceeding west approximately four hundred twenty five feet (425'), then north approximately four hundred fifty feet (450') to the southern edge of the Burlington Northern Railroad right-of-way, then east along the railroad right-of-way approximately two hundred thirty five feet (235') to Hardie Avenue and then south along Hardie Avenue to the beginning point; That area north of South 7th Street between Hardie Avenue on the west, the Burlington Northern Railroad right-of-way on the north, and Rainier Avenue on the east; That area north of South 7th Street between Rainier Avenue South on the west, a line approximately one hundred ninety feet (190') north of and parallel to South 7th Street on the north, and Shattuck Avenue South on the east; The triangular area on the south side of South 7th Street between Hardie Avenue on the west and Rainier Avenue on the east; The larger area north of South Grady Way between Rainier Avenue on the west and Shattuck Avenue South on the east between South 7th Street on the north and South Grady Way on the south; 5 ORDINANCE NO. 5867 That area north of South Grady Way between Shattuck Avenue South on the west,the northern edge of the former raiiroad right-of-way approximately one hundred fifty feet (150') north of S. Grady Way, and Talbot Road/Smithers Avenue S. on the east; and That area along the south side of S. Grady Way east of Talbot Road bounded by Talbot Road on the west,S. Grady Way on the northwest, Renton City Hall on the north/northeast, Benson Road S. on the east/southeast, and the I-405 right-of-way on the south. Together with those properties and portions thereof zoned Commercial Arterial (CA) within the area between SR-167/Rainier Avenue South on the west, South Grady Way on the north, Talbot Road South on the east and I-405 on the south. 3.Automall Area C:Those properties bounded bv SR-167 on the east Lind Avenue SW on the west,SW 41st Street on the south, and the approximate course of Panther Creek on the north. C. USES PERMITTED IN THE RENTON AUTOMALL 1AADDA\/CAACAIT DISTRICT: The following use provisions take precedence over the underlying zoning: 1. USES ALLOWED IN AREA A 2, USES ALLOWED IN Only the following uses are permitted within Autorr�all —AREAS B AND C Area A – Within the CA Zone: small vehicle���*^, �^+�-��•�'^, All uses permitted by snewr�e�ile, lawn an��ar�er�c�q�era�-a�-�asse�ge�c� the underlying zoning sales; 6 ORDINANCE N0. 5867 1. USES ALLOWED IN AREA A Only the following uses are permitted within Automall �• USES ALLOWED IN Area A AREAS B AND C Secondary uses including: Licensing bureaus, car rentals, public parking, and other uses determined by the�e+�+r�g Administrator to directly support dealerships; Within the IM Zone: small vehicle , , s►aewme�ile, I�wn an��ar�er� s��T�,*��,�„s�, �� sales, and existing office; Secondary uses including: Licensing bureaus, car rentals, public parking, off-site parking consistent with RMC 4-4-080.E.2 and other uses determined by the�e�+�rg Administrator to directly support dealerships. D. DEVELOPMENT STANDARDS FOR USES LOCATED WITHIN THE RENTON AUTOMALL—AREAS A�A#B-B AND C: All permitted uses in Area A and all auto sales and related uses in Areas B and C of the Renton Automall shall comply with the following development standards: ALL USES IN AREA A, �,,,�, nCAI CD�IJIDC ABII� DEALERSHIPS AND RELATED USES DCI ATCII I ICC� 11�1 nocn n IN AREAS B AND C SERVICE AREA Service areas shall not face public c^�,,;�^ ,�^�< <",�� ^^+�,�^ ORIENTATION street frontage. ^�����^ �+-^^*{�^^+�^^ LANDSCAPING—STREET A 15-foot-wide landscape strip ���"^++^ �,^,���,^;^„ FRONTAGE LANDSCAPING along these street frontages. This �^^��'�^�^^^^+� �;�+,,,� ;� ,.�.,„+,,.. REQUIREMENTS frontage requirement is in lieu of �-' o""� ��^����-^m^„*� {^�*�^ for lots�that abut the frontage requirement listed �nderl�insaer��-an� R�EVIr� Lind Avenue S.W., S.W. for the zone in chapter 4-2 RMC. 9�8: Grady Way, Talbot Road S. Unimproved portions of the (SR-515), East Vallev Road, right-of-way may be used in or a+�Rainier Avenue S. combination with abutting private property to meet the required 15-foot landscape strip width. The landscaping shall include a minimum 30-inch-high berm and 7 ORDINANCE N0. 5867 ALL USES IN AREA A, ���n�_nrni cocuinc nnin DEALERSHIPS AND RELATED USES DCI ATCf1 I I�CC 11�1 ADCA Q IN AREAS B AND C red maples (Acer rubrum), or other equivalent tree species required or approved by the Administrator on the City's Approved Tree List per RMC 4-4- 070L, planted 25 feet on center. LANDSCAPING— Minimum 2.5%of the gross site ���C<<.,^+*^ ',^,���,^;^,. MINIMUM AMOUNT AND area shall be provided as on-site r^^����^�^^+� �;�+,,,� ; ,.�-,.,+,,.- LOCATION landscaping. Landscaping shall be � � onnr i.-,,,.���.-,,.,,,�.,+� �„r��„ consolidated and located at site ��^�^��.,�^^�^^^► -.�,� o��r � � entries, building fronts, or other 9�& visually prominent locations as approved through the site plan development review process. Minimum landscaping may be reduced to 2% ofthe gross site area where bioretention, permeable paving, or other low impact development techniques consistent with the Surface Water Design Manual are integrated. LANDSCAPE All (andscaping is subject to MAINTENANCE AND TREE maintenance pursuant to RMC 4- REMOVAL 4-070P. WHEEL STOPS If frontage landscaping is ��'{-^^+,^^ '�^a��,^�^^ ;� relocated, then permanent wheel �^�^�,�^� +"^^ ^^-�,.,,^^^+ , stops or continuous curbs must �•�"^^' �*��� ^��^^*�����„� be installed a minimum of 2.5 ����"� m ,�* "^ �^��,���� , feet from sidewalks to prevent ^��^��^��m ^{� � {^^*{�^^� bumper overhang of sidewalks. ���^,.,,",� +^ ^ �+ "„m^^- Where these requirements differ oo�r"G;����.;��. `��.;. from the requirements of the *"^�^ � ;�^^�^^*� ���{^��-^m parking, loading and driveway +"^ �^^"�-^m�^*� ^�*"^ regulations of chapter 4-4 RMC, ' , these requirements shall govern. �^^����*�^^� ^{�",^*^- ^ n f�M� +�.,,.-„ .-�„��c.-,,..,,,,.,+.- ��..n ge�e�r-} 8 ORDINANCE N0. 5867 ALL USES IN AREA A, �,,,�, n�A�CDCLIID� ANlfl DEALERSHIP$AND RELATED USES or� nTrn �icrc �ni norn n IN AREAS B AND C CUSTOMER PARKING Customer parking shall be r,.�+^m^- ^,r�;^,. ��,�� �� designated and striped near ���^^,+^� ,^� �+r:^^a ��,- entry drives and visible from �^+-„�-�.,^� ,^� . �;��^ ���� public streets. Where possible, ^��"����+r^^+� �^��^-� ^ �;��� , customer parking shall be ����*^m^� ^,-�,;^^��,�� �� combined with abutting dealership customer parking and acaici�iii�Eq,`�TCVITTCI�UrT[7TTs shared access. Where these ,^� �",�^� ,��^« �^��^-^ requirements differ from the +�^�^ � ..+� ,�;{�,,.�r,,..,., requirements ofthe parking, +"^ �^^,�;� ^�+� ^�*�� loading and driveway regulations ' , of chapter 4-4 RMC, these ����,*;^^� ^��",^+^� ^ � requirements shal) govern. R�M6�"�s� r2�a;;�;Tm�;-;n�;; �� AUTOMALL RIGHT-OF- Development shall be n,,,,,,�,,.,.,,,,.,+ ��-.�� �„ WAY IMPROVEMENT coordinated with the adopted PLAN COORDINATION right-of-way improvement plan ��+ ^{ ..,,,, ;�^��.,����+ which addresses gateways, ^�,^ ��-���� ,a��^«^� signage, landscaping, and shared ��ra�N,�,r ''ian��*�+ o-----_�.., .,.a....a.., dCCe55. �af1�S6dpF , '� `�""'^"� ,,,c-r,-;-r-� AUTOMALL All development shall coordinate "" ^'^��^�^^^�^^+ �"��� IMPROVEMENT PLAN with the Automall Improvement �^^-�;^,+„,.,;+� +�„ �„+,,,.,,.,�� COMPLIANCE Plan adopted by Resolution No. 3457. The plan addresses f�es�la�ien Ne��. T-q�-p;a„ potential street vacations, right- ,���^��^� ^^+�^+,-,� .-+r,,,,+ of-way improvements, area �"��+;^^�, -^�+ ^� . gateways, signage, landscaping, , , circulation, and shared access. signage, tQ„��s�,�,s �:.-,.,,i-,r•,,., �,� �N., ,,,� , • �niti,,.,,�„u ,. .,i�.,.,,.� ,.,;+M +M„�., ., ���,� .. „-.+„ � h�.,d�h�.�. �.,.., �.-+i.,., � 11Y�IYAIRAIY� YY1A/YIT�/��+IAY�C +�A 7/1Y1�Y�R / }�/1W\ �..�"fY/'�[`�l�M �/1Y Av�[`+IY�fT YAfI l�+TYA f�}�h Is� severage, ��+;�„ ..,+,.,,,„� 9 ORDINANCE N0. 5867 ALL USES IN AREA A, �,��, ���,�pcuioc nnin DEALERSHIPS AND RELATED USES ��� �Trn i�crc in� norn Q IN AREAS B AND C ��i I�i nss, ��E.,�v,",�c�-i�eEk�� �„�� ,. ��;,��� E. POTENTIAL WAIVER OF STREET VACATION FEES FOR DEALERSHIPS LOCATED WITHIN THE RENTON AUTOMALL AREA A: All street vacation fees and compensation for the right-of-way may be waived by the Council for developing properties in Area A, provided: 1. The properties are designated to be vacated on the Automall Improvement Plan Map, 2. The application for street vacation conforms to RMC 9-14-10, Administrative Procedure for Right-of-Way Vacations, and 3. The uses proposed conform to subsection C of this Section. F. Reserved. 6. MAP OF AUTOMALL OVERLAY DISTRICTS: The Automall Overlav is identified in the Citv of Renton's COR Maps, the City's online interactive mappin� application available throu�h the Citv's website. 10 ORDINANCE N0. 5867 �° �� _A � ";� �— .� __ � _� � s� � --• ~ g ..,. �'� ��' .,_ �w. .._ • �� ___ � � ; g _._.. ,_� - '�: ..._ J i ....... ...__. :�e � , , �i �—"""` .«.� � '�• � 1 ' 8 '�;� .�' '� .. �'� �, — � �. � s 4 b�' ..�.,. "' .._..r $ . �, a° a� � m . ___ : a-� _ �__ ���' a� 33 g ��� . _- m�_�, �.__ ; ��� � x . _ '!a... s ' _._ � ..� .._..� � ._ � . A N...�. � � ��::���: � � � W ._._.__'_!___��_.._......._—____t_.���r__.�__.�_�J� ' r—r SECTION VII. Subsection 4-3-100.B.1 of the Renton Municipal Code is amended as follows: 1. Applicability: a. The following development activities shall be required to comply with the provisions of this Section: i. All subdivisions including short plats; ii. All new structures; iii. Conversion of vacant land (e.g., to parking or storage lots); iv. Conversion of a residential use to a nonresidential use; v. Alterations, enlargements, and/or restorations of nonconforming structures pursuant to RMC 4-10-050, Nonconforming Structures. 11 ORDINANCE N0. 5867 vi. Exterior modifications such as facade changes, windows, awnings, signage, etc., shall comply with the design requirements for the new portion of the structure, sign, or site improvement. b. Any of the activities listed in subsection B1a of this Section and occurring in the following overlay areas or zones shall be required to comp�y with the provisions of this Section: i. District `A': All areas zoned Center powntown (CD). ii. District 'B': All areas zoned Residential Multi-Family (RMF). iii. District `C': All areas zoned Urban Center (UC) or Commercial Office Residential (COR). iv. District 'D': All areas zoned Center Village (CV) or Commercial Arterial (CA), Commercial Neighborhood (CN), and mixed use buildings with attached dwelling units in the Commercial Office(CO)Zone, except for those a�ea�s properties included in the Automall District and used for small vehicle sales or a secondarv use identified in RMC 4-3-040.C.1, Uses Permitted in the Renton Automall District., �^^ °"^� ^ � nnn SECTION VIII. Subsection 4-4-070.F.6 of the Renton Municipal Code is amended as follows: 6. Parking Lots: Vehicle parking lots shall meet minimum landscape standards in this Section. a. Perimeter Landscaping: All parking lots shall have perimeter landscaping.See subsection H4 ofthis Section, Perimeter Parking Lot Landscaping. 12 ORDINANCE N0. 5867 b. Minimum Amounts of Interior Parking Lot Landscaping: Surface parking lots with more than fourteen (14) stalls shall be landscaped with plantings and trees as identified in this Section. o�,^+^-� �",�� "� � ^� �^ �;�^„ • �' + �aztt ninrif�+�++ /0�1 h.. �4.�.+�,,,., �,,,,+ /9 2�1 +.. -, ,J + + +L, + ._..__ ....._ .___ �.. � .,� ..,......... .....� ��_. � .�, �,�. , Interior parkin�lot landscapin�dimensions are stipulated in subsection H5 of this Section. Minimum landscape area shall be provided as follows: Total Number of Minimum landscape Parking Stalls Area 15 to 50 15 sf/parking space 51 to 99 25 sf/parking space 100 or more 35 sf/parking space c. Optional Layout Patterns: �2�5��2� ��,��� W heel stop 7reo Shrubs �.W.�..�.��_._��. ���� _� _.._..�. �� ,q ; �` ' � PxkM��tall area wMh=round cover o�erhun�by car 13 ORDINANCE N0. 5867 Undscape Mslar�ds interlor to tl�e parkl�araa �.. ..�. .�..�.......,....... .�.,� ..�� �,.........�...... Perknetar Landscaping � �. _ �>� �, .. �� , a�. � � � ��. .�� ...�......� � � � Inbrior lrodscapins d. Perimeter�l-Interior Landscaping: Perimeter landscaping may not substitute for interior landscaping. e. Exception for Existing Parking Lots: Where compliance would result in the loss of existing required parking spaces, the landscaping provisions shall prevail and the required parking minimum amount may be reduced without the requirement of a parking code modification. SECTION IX. Subsection 4-4-070.H.5 of the Renton Municipal Code is amended as follows: 5. Interior Parking Lot Landscaping: Landscaping is required in parking lots in the amounts stipulated in subsection F of this Section. Any interior parking lot landscaping area shall be , ^�'^'^���m ^{{�.,^{^^* ��'� �^ ,.,��+*�. sized to dimensions of at least ei�ht feet (8') bv twelve feet (12'). Landscaping shall be dispersed 14 ORDINANCE NO. 5867 throughout the parking area and shall include a mixture of trees, shrubs, and groundcover as foliows: a. Trees shall be two inches (2") in diameter at breast height (dbh) for multi-family, commercial, and industrial uses. At least one tree for every six (6) parking spaces within the lot interior shall be planted. b. Shrubs at the minimum rate of one per twenty (20) square feet of landscaped area shall be planted. Up to fifty percent (50%) of shrubs may be deciduous. c. Ground cover shall be planted in sufficient quantities to provide at least ninety percent (90%) coverage of the landscaped area within three (3) years of installation. d. There shall be no more than fifty feet (50') between parking stalls and an interior parking lot landscape area. SECTION X. Subsection 4-4-080.1.9 of the Renton Municipal Code is amended as follows: 9.Joint Use Driveways: a. Benefits: Joint use driveways reduce the number of curb cuts along individual streets and thereby improve safety and reduce congestion while providing for additional on-street parking opportunities. Joint use driveways should be encouraged when feasible and appropriate, particularly when there is existing underutilized parking proximate to a subject site. 15 ORDINANCE NO. 5867 b. Where Permitted: Adjoining�^m�^^��',' ^ ^^'„�+�;,� ,���� lots may utilize a joint use driveway accessed from a public street where such joint use driveway reduces the total number of driveways entering the street network, subject to the approval of the Department of Community and Economic Development. Joint use driveways must be created upon the common property line of the properties served or through the granting of a permanent access easement when said driveway does not exist upon a common property line. If the adioinin� lots are residential, the ioint use drivewav shall provide access to no more than two (2) lots and each lot shall abut a public street. Joint use access to the driveway shall be assured by easement or other legal form acceptable to the City. SECTION XI. Subsection 4-4-130.J.4 of the Renton Municipal Code is amended as follows: 4. Replacement Required: The City may require, for each tree that was improperly cut and/or removed in violation of this Section, , �bbr_o�ior� I r1 Il c�pp�c.occ� �a���Revelepm2n�Rermi� an�—a33es+�te� t�ee FcccTrc�v �n—arra—fcrrrv ^'^,���^ ^',^, replacement planting e�-a with one or more trees of equal si�� quality and species^��^^',�^�^^++�^^� at a�a�e ratio of one-to-one (1:1) caliper inches. The replacement trees will be of sufficient caliper to adequately replace the lost tree(s), and a�be a minimum of two 2 cali er inches �'"' �^ �,'�^^�. The City may require a bond to ensure the survival of replacement trees. If the Administrator determines that it is infeasible to replace trees on the site, pavment 16 ORDINANCE N0. 5867 into the Citv's Urban Forestrv Pro�ram fund mav be approved in an amount of monev approximatin�the current market value of the replacement trees and the labor to install them. The Citv shall determine the value of replacement trees. SECTION XII. Subsection 4-6-060.D ofthe Renton Municipal Code is amended as follows: D. EXEMPTIONS: The following exemptions shall be made to the requirements listed in this Section: 1. New construction or addition with valuation less than #i#� , . one-hundred and fiftv thousand dollars ($150,000.00) (the value of which shall be reviewed in coniunction with mandatorv periodic updates of the Comprehensive Plan and based on the Seattle Construction Cost Index). 2. Interior remodels of any value not involving a building addition. 3. If demonstrated as necessarv to miti�ate an extreme hardship not caused bv the requestor. SECTION XIII. Subsection 4-6-060.J of the Renton Municipal Code is amended as follows: J. SHARED DRIVEWAY STANDARDS: 1. Where�Permitted: Shared driveways may be allowed for access to four (4) or fewer residential lots, provided: a. At least one of the four (4) lots abuts a public right-of-way and the street fronta�e of the lot is equal to or�reater than the lot width requirement of the zone ,.,;+� .,� ��.,�+�;��., �cn► �c.,,,.,.�,,,,+ „�.,.,,..,,.+„•a� , 17 ORDINANCE N0. 5867 b. The subject lots are not created by a subdivision of ten (10) or more lots;a� c. A public street is not anticipated by the City of Renton to be necessary for existing or future traffic and/or pedestrian circulation through the short subdivision or to serve adjacent property;a� d. The shared driveway would not adversely affect future circulation to neighboring properties;a� e. The shared driveway is no more than �e—three hundred feet (300�A9') in length; and f. The shared driveway poses no safety risk and provides sufficient access for emergency vehicles and personnel_�� Q 1►An�r���r�.�r��e.TL�n •. .�17��r�+cl�-�II.�. �.r�+l��rl�-.�-�rl iJ.-7�in��i-.�i� n 1�.�. c�f�he-le�s serve� ���he �rivewa�t� �he saTi�fasi;�,�,-��*�. �t-y-m°�,�,,;-,�:o,- t„+h„ ,- ,,.-,�;...,„�+�„ �H,,.+ .,i-.+ , , , I�ing6�►ar�f�Reser�e�'s-0##+ees�„ -, .,►,,..,.,+ .-�-,�� ., ,;,�„ ., „c+� ,� a + � ii •,� s + • • +� � ii • 66NCT1Ef1�. T�1252 Evdciiaiic�3�i'ampivr'Fvc-ivrZrc-c'i�rcrra.--rm�rvwrrr��'. i. Main�enanse, re�air, e�e�,�tie^, ,^�' ^ �^ep��t�Ees-�e�t#e 18 ORDINANCE N0. 5867 i� Tl��rn /^ �1M�C �l��ll r��n ��.i+t� +I�� I�+nrl -. �J 4.n ' �. hl r! �.z.q.�.-a.,F i � � . 2. Minimum Standards: Shared driveways shall be within a tract;the width of the tract and paved surface shall be a minimum of sixteen feet (16'); the Fire Department may require the tract and paved surface to be up to twenty feet (20') wide. Th�tr,rtsh,ll h„ +ti„ ..,;,�+� „�+�„ ,,.� .- �-, i ti+ � r i4�� �„ N' ''^,���'^^ �+r;^ ,.,"^„+"^+r,�* If a shared drivewav abuts properties that are not , part of the subdivision an ei�ht foot (8') wide landscaped strip sha�l be provided between the shared drivewav and nei�hborin� properties. The ^�^"*-{^^* �4'� The landscape strip shall be within a tract and planted with a mixture of trees,shrubs, and groundcover�as required in RMC 4-4-070;a� shall serv�a3 a ��ffer �e��reen �he �"�-^� � ' � � ++• „ �+• +� + 'r^ ^^+ ^,r+ ^�+"^ �„",�;,,;�;^^. The shared driveway may be required to �i�e include a turnaround per subsection H of this Section. No sidewalks are required for shared driveways; however, drainage improvements pursuant to City Code are required (i.e., collection and treatment of stormwater), as well as an approved pavement thickness�r�inFinam—ef fear inshesT4"�--asphal�eve�- ' ' " ��°� ��,��"�a �^��`. The maximum grade for the shared driveway shall not exceed fifteen percent (15%), except for within approved hillside subdivisions. 3. Signage Required: Appurtenant traffic control devices including installation of "No Parking" signs, as required by the Department of Community and Economic Development, shall be provided by the subdivider. Lots served by 19 ORDINANCE NO. 5867 the shared driveway shall be addressed to the public street to which the shared driveway connects. 4. Tract Required:The shared driveway shall be wholly within a tract. The tract shall be shown and recorded on the face of the plat to be preserved in perpetuity. The owners of the subject lots shall have an equal and undivided interest in the ownership of the tract. 5. Easement Required:An access easement shall be recorded with the King County Recorder's Office and be shown on the face of the plat to encumber the entirety of the tract.The easement shall prohibit any temporary or permanent physical obstructions within the easement including, but not limited to, the parking of non-emergency vehicles. 6. Timing of Improvements:The shared driveway must be installed prior to recording of the plat unless approved for deferral. 7. Lot Tvpe and Orientation: The Administrator mav permit lots that onlv front a shared drivewav to be desi�nated as a corner lot If permitted bv the Administrator, lot width, tot depth and vard setbacks shall be measured consistent with the corner lot desi�nation (see illustration below). 8. Maintenance:The applicant shall ensure the shared drivewav can be continualfv maintained to minimum standards listed in this section bv the owners of the lots served bv the drivewav to the satisfaction of the Citv of Renton prior to the recordin�of the short plat. 20 ORDINANCE N0. 5867 9. Covenants. Conditions and Restrictions: Covenants conditions and restrictions, which are approved bv the Administrator shall be recorded with the Kin� Countv Recorder's Office. The applicant shall provide a copv of the recorded document. These covenants shall provide for, at a minimum the followin�: a. Maintenance, repair, operation, and payment of taxes for the commonlv owned tract and facilities; and b. These covenants shall run with the land and be irrevocable and bindin�on all the property owners, includin�their assi�ns heirs and successors. 10. Exception for Joint-Use Drivewav Extendin� from Emer�ency Turnaround: A drivewav that extends from the terminus of an emer�ency turnaround (excludin� cul-de-sacs) and provides access to no more than two (2) lots shall be permitted as ioint-use drivewav that does not take access from a public ri�ht-of-wav (see illustration below). The ioint-use drivewav shall be constructed to Citv standards prior to recordin� the short plat and a reciprocal access easement for the benefit of the two (2) lots, in a form satisfactorv to the Citv Attornev, shall be recorded with the Kin� Countv Recorder. 21 ORDINANCE N0. 5867 epth or width CL = Carner �ot width or depth IL = Interior Lot depth wid joint-use —` landscape strip driveway depth wid (in tract} shared drive��vay �in tract} depth wid SECTION XIV. Subsection 4-7-090.B of the Renton Municipal Code is amended as follows: B. APPLICABILITY: 22 ORDINANCE N0. 5867 The provisions of this Section shall only apply to the subdivision of land underlying existing or proposed townhouse dwelling units in the R-10, R-14, a� RMF, and CV zones. SECTION XV. Subsection 4-7-170.B of the Renton Municipal Code is amended as follows: B. ACCESS REQUIREMENTS: Each lot must have access to a public street or road, unless specificallv -... h ti � + � + + �+h ennr n C dUt orized otherwise. ^^ � c v�piiaacc accc�o C�n3roccnc-avrm-rcrrrc-T-� Q�� SECTION XVI. Subsection 4-7-170.G of the Renton Municipal Code is amended as follows: G. ����i�rr�rcr�i�rFLAG LOTS, WHEN ALLOWED: �+�e�-Fla�lots may be permitted for new plats to achieve the minimum density within the Zoning Code when there is no other feasible alternative to achieving the minimum density. Minimum Lot Size and�es�e�"Flagpole" Width and Length: The�"fla�pole" shall not exceed one hundred fifty feet (150') in length and not be less than twenty feet (20') in width. The portion of the lot narrower than eighty percent (80%) of the minimum permitted width shall not be used for lot area calculations or for the measurement of required#�e�yard setbacks. Land area included in private access easements shall not be included in lot area calculations. �+�es�er�Fla�lots shall not abut one another. SECTION XVII. Subsection 4-9-030.F.8 of the Renton Municipal Code is amended as follows: 23 ORDINANCE NO. 5867 8. Decision and Conditions: The Administrator may grant a Conditional Use Permit, with or without conditions, or deny the requested Conditional Use Permit. The Administrator or Hearing Examiner shall have authority to grant the Conditional Use Permit upon making a determination, in writing, that the use is consistent with the applicable decision criteria in this Section. The Administrator or Hearing Examiner may require additional setbacks, fencing, screening, soundproofing, public improvements or any other appropriate measures necessary to ensure compatibility with the surrounding neighborhood, and may � specifv the term and duration of the Conditional Use Permit. Conditions imposed by the Administrator or Hearing Examiner shall reasonably assure that nuisance or hazard to life or property will not develop. SECTION XVIII. Subsection 4-9-030.F.9 of the Renton Municipal Code is amended as follows: 9. Timeline to Apply for Associated Permits: Building permits, licenses or land use permits required for the operation of a Conditional Use Permit shall be applied for within two (2) years of the date of Conditional Use Permit approval� unless an extended time frame is �ranted bv the Administrator or Hearin� Examiner. A single two (2) year extension may be granted for good cause by the Administrator. SECTION XIX. Subsection 4-9-250.B of the Renton Municipal Code is amended as follows: B. VARIANCE PROCEDURES: 24 ORDINANCE N0. 5867 1. Authority and Applicability for Administrative Variances: The Community and Economic Development Administrator shall have the authority to grant variances from the following development standards when no other permit or approval requires Hearing Examiner review: a. Residential Land Uses: Lot width, lot depth, setbacks, allowed projections into setbacks, building height, and lot coverage. Lot width, lot depth, and setback variations do not require a variance if the request is part of a stream daylighting proposal and meets criteria in RMC 4-3-050L; and b. Commercial and Industrial land Uses: Screening of surface- mounted equipment and screening of roof-mounted equipment. c. Proposals Located Within Critical Areas: i. Wellhead Protection Areas: If an applicant feels that the strict application of aquifer protection regulations would deny all reasonable use of the property or would deny installation of public transportation or utility facilities determined by the public agency proposing these facilities to be in the best interest of the public health, safety and welfare, the applicant of a development proposal may apply for a variance. ii. Flood Hazards:Variances from the flood hazard requirements of RMC 4-3-050, Critical Areas Regulations. iii. Steep Slopes Forty Percent (40%) or Greater and Very High Landslide Hazards: Variances from the geologic hazard requirements of RMC 4-3- 050, Critical Areas Regulations. 25 ORDINANCE N0. 5867 iv. Wetlands: (a) Creation/restoration/enhancement ratios: Categories I and II. (b) Buffer width reductions not otherwise authorized by RMC 4-3-050 for Category IV. (c) A new or expanded single family residence on an existing, legal lot, having a regulated Category IV wetland. (d) Buffer width reductions not otherwise authorized by RMC 4-3-OSO for Category 1 or II. v. Streams and lakes: (a) A new or expanded single family residence on a pre-existing platted tot where there is not enough developable area elsewhere on the site to accommodate building pads and provide practical off-street parking, providing reasonable use of the property. (b) Buffer width reductions not otherwise authorized by RMC 4-3-050, Streams and Lakes, for Types F, Np, and Ns. (c) Activities proposing to vary from stream regulations not listed elsewhere in RMC 4-9-250B1a, and authorized to be requested as variances in RMC 4-3-050. vi. General: Public/quasi-public utility or agency proposing to alter wellhead protection, geologic hazard, habitat or wetlands regulations not listed above. 26 ORDINANCE N0. 5867 d. Proposals to Vary from the Drainage Standards: If an applicant feels that the application of the regulations in the Surface Water Design Manual would deny all reasonable use of the property, the applicant of a development proposal may apply for a variance. 2. Filing of Application: A property owner, or his duly authorized agent, may file an application for a variance which application shall set forth fully the grounds therefor and the facts deemed to justify the granting of such variance. 3. Submittal Requirements and Application Fees:Shall be as listed in RMC 4-8-120C, Land Use Applications, and 4-1-170, Land Use Review Fees. 4. Public Notice and Comment Period: Notice of the application shall be given pursuant to RMC 4-8-090, Public Notice Requirements. 5. Decision Criteria: Except for variances from critical areas regulations, a determination shall be made in writing that the conditions specified below have been found to exist: a. That the applicant suffers practical difficulties and unnecessary hardship and the variance is necessary because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings ofthe subject property, and the strict application ofthe Zoning Code is found to deprive subject property owner of rights and privileges enjoyed by other property owners in the vicinity and under identical zone classification; 27 ORDINANCE N0. 5867 b. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which subject property is situated; c. That approval shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the subject property is situated; d. That the approval is a minimum variance that will accomplish the desired purpose. 6. Special Review Criteria — Reasonable Use Variance — Critical Areas Regulations Only: For variance requests related to the critical areas regulations not subject to subsections 67 to B11 of this Section, a reasonable use variance may be granted if all of the following criteria are met: a. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which subject property is situated; b. There is no reasonable use of the property left if the requested variance is not granted; c. The variance granted is the minimum amount necessary to accommodate the proposal objectives; d. The need for the variance is not the result of actions of the applicant or property owner; and 28 ORDINANCE N0. 5867 e. The proposed variance is based on consideration of the best available science as described in WAC 365-195-905; or where there is an absence of valid scientific information, the steps in RMC 4-9-250F are followed. 7. Special Review Criteria for Variances from the Wellhead Protection Regulations: Except for public or quasi-public utility or agency proposals which are subject to RMC 4-9-250610, the following criteria shall be considered, in addition to those criteria in RMC 4-9-25065 and 66, for variances from aquifer protection regulations: a. That the proposed activities will not cause significant degradation of groundwater or surface water quality; and b. That the applicant has taken deliberate measures to minimize aquifer impacts, including but not limited to the following: i. Limiting the degree or magnitude of the hazardous material and activity; and ii. Limiting the implementation of the hazardous material and activity; and iii. Using appropriate and best available technology; and iv. Taking affirmative steps to avoid or reduce impacts; and c. That there will be no damage to nearby public or private property and no threat to the health or safety of people on or off the property; and d. The proposed variance is based on consideration of the best available science as described in WAC 365-195-905; or where there is an absence 29 ORDINANCE N0. 5867 of valid scientific information, the steps in subsection F of this Section are followed. 8. Special Review Criteria for Variances from Flood Hazard Requirements in the Critical Areas Regulations: In lieu of the variance criteria of subsection B5 of this Section, the following directives and criteria shall be utilized in the review of variance applications related to the flood hazard requirements of the critical areas regulations: a. Purpose and Intent: Variances, as interpreted in the national flood insurance program, are based on the general zoning law principle that they pertain to a physical piece of property;they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare. b. Review Criteria: In passing upon such an application for a variance, the following review criteria shall be considered: i. Consider all technical evaluations, all relevant factors, standards specified in other sections of this Section; and: (a) The danger that materials may be swept onto other lands to the injury of others; (b)The danger to life and property due to flooding or erosion damage; 30 ORDINANCE N0. 5867 (c) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (d) The importance of the services provided by the proposed facility to the community; (e) The necessity to the facility of a waterfront location, where applicable; (f) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (g) The compatibility of the proposed use with existing and anticipated development; (h) The relationship of the proposed use to the comprehensive plan and flood plain management program for that area; (i)The safety of access to the property in times of flood for ordinary and emergency vehicles; (j) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and (k) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer,gas, electrical, and water systems, and streets and bridges. ii. Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial 31 ORDINANCE N0. 5867 improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided criteria in subsection B8b(i) of this Section have been fully considered. As the lot size increases the technical justification required for issuing the variance increases. iii. Variances may be issued for nonresidential buildings in very timited circumstances to allow a lesser degree of floodproofing than watertight or dry-floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except subsections B8b(ii), (iii) or (iv) of this Section, and otherwise complies with RMC 4-3-05012a and 12b of the general standards. iv. Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed in the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in this Section. v. Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result. vi. Variances shall only be issued upon: (a) A showing of good and sufficient cause; (b) A determination that failure to grant the variance would result in exceptional hardship to the applicant; 32 ORDINANCE N0. 5867 (c) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances. (d) A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. c. Conditions of Approval: Upon consideration of the factors of subsection 68b of this Section, and the purposes of this Section, conditions may be attached to the granting of variances if deemed necessary to further the purposes of this Section. d. Notice Required upon Variance Approval:Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. e. Records:The Administrator shall maintain the records of all variance actions and report any variances to the Federal Insurance Administration upon request. 9. Special Review Criteria — Steep Slopes Forty Percent (40%) or Greater and Verv Hi�h Landslide Hazards: For variance requests to alter steep slopes over fortv percent (40%) or �reater and verv hi�h landslide hazard areas and their associated setbacks, the followin� criteria shall apply: 33 ORDINANCE NO. 5867 a. The variance �ranted is the minimum amount necessarv to accommodate the proposal; and b. Alternative development concepts that complv with RMC 4-3-050 have been evaluated and that practical difficulties and unnecessarv hardship would result in the strict application of the code• and c. The proposal does not adversely impact�eolo�ical hazards or other critical areas on adiacent properties; and d. The need for the variance is not the result of actions of the applicant or propertV owner; and e. The proposal does not create or increase a risk to the public health safetv, and welfare, or to public or private propertV' and f. If the Administrator approves a variance under this subsection the followin� conditions of approval amon�others mav be imposed• i. The recommendations of the�eotechnical report are followed• ii. Proiect plans shall be reviewed and sealed bv a �eotechnical en�ineer or the�eotechnical en�ineer shall submit a sealed letter statin�that thev have reviewed the plans and in their opinion the plans and specifications meet the intent of the �eotechnical report; and iii. An appropriate number of site visits bv the �eotechnical en�ineer to establish proper methods techniques and adherence to plan drawin�s is demonstrated durin�and after construction. 34 ORDINANCE N0. 5867 &10. Special Review Criteria—Single Family Residence on a Legal Lot with a Category IV Wetland; or Single Family Residence on a Legal Lot with a Type F, Np,or Ns Stream/Lake: tn lieu of the criteria shown in RMC 4-9-250B10,a variance may be granted from any wetland or stream requirement in the critical areas regulations for a single family residence to be located on an existing legal lot if all of the following criteria are met: a. The proposal is the minimum necessary to accommodate the building footprint and access. In no case, however, shall the impervious surface exceed five thousand (5,000) square feet, including access. Otherwise the alteration shall be subject to the review criteria of subsection B6 of this Section; b. Access is located so as to have the least impact on the wetland and/or stream/lake and its buffer; c. The proposal preserves the functions and values of the wetlands and/or stream/lake/riparian habitat to the maximum extent possible; d. The proposal includes on-site mitigation to the maximum extent possible; e. The proposal first develops noncritical area, then the critical area buffer, before the critical area itself is developed; f. The proposed activities will not jeopardize the continued existence of endangered, threatened or sensitive species as listed by the Federal government or the State; 35 ORDINANCE N0. 5867 g. The inability to derive reasonable economic use of the property is not the result of actions segregating or dividing the property and creating the undevelopable condition after the effective date of this Section; and h. The proposed variance is based on consideration of the best available science as described in WAC 365-195-905; or where there is an absence of valid scientific information, the steps in RMC 4-9-250F are followed. �A.11. Special Review Criteria — Public/Quasi-Public Utility or Agency Altering Wellhead Protection, Geologic Hazard, Habitat, Stream/Lake or Wetland Regulations: In lieu of the variance criteria of RMC 4-9-250B5, applications by public/quasi-public utilities or agencies proposing to alter aquifer protection, geologic hazard, habitat, stream and lake or wetland regulations shall be reviewed for compliance with all of the following criteria: a. Public policies have been evaluated and it has been determined by the Department Administrator that the public's health, safety, and welfare is best served; b. Each facility must conform to the Comprehensive Land Use Plan and with any adopted public programs and policies; c. Each facility must serve estabfished, identified public needs; d. No practical alternative exists to meet the needs; e. The proposed action takes affirmative and appropriate measures to minimize and compensate for unavoidable impacts; 36 ORDINANCE N0. 5867 f. The proposed activity results in no net loss of regulated wetland or stream/lake area, value, or function in the drainage basin where the wetland, stream or lake is located; g. The proposed activities will not jeopardize the continued existence of endangered, threatened or sensitive species as listed by the Federal government or the State; h. That the proposed activities will not cause significant degradation of groundwater or surface water quality; i. The approval is the minimum variance necessary to accomplish the desired purpose; and j. The proposed variance is based on consideration ofthe best available science as described in WAC 365-195-905; or where there is an absence of valid scientific information, the steps in RMC 4-9-250F are followed. �.12. Special Review Criteria — Constructing Structures over Piped Streams: For variance requests involving the construction of structures over piped streams, the following criteria shall apply: a. The proposal is the minimum necessary to accommodate the structure; and b. There is no other reasonable alternative to avoid building over a piped stream; and 37 ORDINANCE N0. 5867 c. The existing pipe stream system that would have to be located under the structure is replaced with new pipe material to ensure long-term life of the pipe and meets structural requirements; and d. The piped stream system is sized to convey the one hundred (100) year future land use condition runoff from the total upstream tributary area as determined from a hydrologic and hydraulic analysis performed in accordance with standards determined by the City and in accordance with other City's standards; and e. The piped stream that will be built over will need to be placed in a casing pipe sized to allow pipe skids and the potential need to increase the pipe size by a minimum of one pipe diameter. The casing pipe shall be a minimum of three pipe diameters larger than the diameter of the pipe that conveys the stream; and f. To allow for maintenance, operation and replacement of the piped stream that has been built over, a flow bypass system shall be constructed and access manholes or other structures of sufficient size as determined by the City shall be required on both sides of the section of the piped stream that is built upon; and g. There will be no damage to nearby public or private property and no threat to the health or safety of people on or off the property. �13. Special Review Criteria: In lieu of the variance criteria of subsection B6 of this Section, applications proposing to alter the core and special 38 ORDINANCE N0. 5867 requirements described in the Surface Water Design Manual shall be reviewed for compliance with all of the following criteria: a. There are special physical circumstances or conditions affecting the property such that strict application of the criteria for producing a compensating or comparable result would deprive the applicant of all reasonable use of the parcel of land in question, and every effort has been made to find creative ways to meet the intent of the requirement for which the variance is sought; b. Granting the variance for the individual property in question will not create a significant adverse impact to public health, welfare, water quality, and properties downstream or nearby; c. The variance requires the best practicable alternative for achieving the spirit and intent of the requirement in question; and d. In addition, the application must include the following information as required by the State Department of Ecology per the 2007 Phase II NPDES General Municipal Stormwater Permit: i. The current (pre-project) use of the site. ii. How application ofthe requirements in the Surface Water Design Manual for which a variance is being requested denies all reasonable use of site compared to the development review conditions and restrictions that would have been placed on the project prior to the adoption of the Surface Water Design Manual. 39 ORDINANCE N0. 5867 iii. The possible remaining uses of the site if the variance was not granted. iv. The uses of the site that would have been allowed under development review conditions and restrictions that would have been placed on the project prior to the adoption of the Surface Water Design Manual. v. A comparison of the estimated amount and percentage of vatue loss as a result of the requirements of this manual versus the estimated amount and percentage of value loss as a result of conditions and/or restrictions that would have been placed on the project prior to the adoption of the Surface Water Design Manual. vi. The feasibility for the owner to alter the project to apply the requirements of this manual. �-3�.14. Continuation of Public Hearing: If for any reason testimony in any manner set for public hearing, or being heard, cannot be completed on date set for such hearing, the person presiding at such public hearing or meeting may, before adjournment or recess of such matters under consideration, publicly announce the time and place to and at which said meeting will be continued, and no further notice of any kind shall be required �4.15. Decision Process: a. The Administrator Shall Announce Findings and Decisions: Not more than thirty (30) days after the termination of the proceedings of the public hearing on any variance, the Administrator shall announce the Administrator's 40 ORDINANCE N0. 5867 findings and decision. If a variance is granted, the record shall show such conditions and limitations in writing as the Administrator may impose. b. Notice of Decision of the Administrator: Following the rendering of a decision on a variance application, a copy of the written order by the Administrator shall be mailed to the applicant at the address shown on the application and filed with the Department of Community and Economic Development and to any other person who requests a copy thereof. c. Reconsideration: (Reserved) d. Record of Decision: Whenever a variance is approved by the Administrator, the Department shall forthwith make an appropriate record and shall inform the administrative department having jurisdiction over the matter. �16. Conditions of Approval: Conditions may be placed upon the variance if deemed to be necessary and required. �17. Finalization: (Reserved) �18. Expiration of Variance Approval: Any variance granted, unless otherwise specified in writing, shall become null and void in the event that the applicant or owner of the subject property for which a variance has been requested has failed to commence construction or otherwise implement effectively the variance granted within a period of two (2) years after such variance has been issued. For proper cause shown, an applicant may petition for an extension of the two (2) year period during the variance application review 41 ORDINANCE NO. 5867 process, specifying the reasons for the request. The time may be extended but shall not exceed one additional year in any event. �19. Extension of Approval: For proper cause shown, an applicant may petition for an extension of the approved expiration period established per subsection B17 of this Section prior to the expiration of the time period, specifying the reasons for the request. The time limit may be extended, but such extension shall not exceed one additional year in any event. SECTION XX. The definition of Density, Net in section 4-11-040 of the Renton Municipal Code is amended as follows: DENSITY, NET:A calculation of the number of housing units and/or lots that would be allowed on a property after critical areas, i.e., very high landslide hazard areas, protected slopes (except evaluate on a case-by-case basis those protected s►opes created by previous development), wetlands, Class 1 to 4 streams and lakes, or floodways, and public rights-of-way and legally recorded private access easements are subtracted from the gross area (gross acres minus streets and critical areas multiplied by allowable housing units per acre). Developments meeting the definition of a shopping center are not required to deduct areas within access easements from the gross site area for the purpose of calculating net density. Required critical area buffers, streams that have been daylighted including restored riparian and aquatic areas, public and private alleys, unit lot drives, drives, joint use drivewavs (and the access easements upon them) and trails shall not be subtracted from gross acres for the purpose of net density 42 ORDINANCE N0. 5867 calculations. All fractions which result from net density calculations shall be truncated at two (2) numbers past the decimal (e.g., 4.5678 becomes 4.56). Calculations for minimum or maximum density which result in a fraction that is one-half(0.50)or greater shall be rounded up to the nearest whole number.Those density calculations resulting in a fraction that is less than one-half(0.50) shall be rounded down to the nearest whole number. •F}' •Z t`j p F.'`�' • - ' `t � ��� � F,iI �4'���• � 5� �. ��# ��� � � � � y� #��:, �i� ����{� ��~� �s �` A � '+'�'''f �i � h �5�`�{y. : .. �� �,� g^� 4€ E*". .,, y, . ,. .� .. �� . 4r.. . �a� � i �s:E� ... ..:� y � t�� � �' ' � �� � ��� �� �a �� ,�� ' r ,�d'� � �+ ��� �' T"�'�. . s". t..,�`� .�` 7��'�.; 't��+ .., ��: � ,��µ ;`�'�"`y�. �-"�`'�'� ",�,"�'n,'�'',',�'i � .� �, s,: � . ���" " ..� �,�� €;^ � ¢�.. �„�y,� n g�� � • '� .�.�� �,. �� . =^�� � � � � t �, � . �� �c ��s� + � � ..�:�.sa. � � .w`� � `� .s .r-�- ^�,..... >�c ��°.�. :� �:. ����; ,�� ,�'��'�"� ����,Y: i�`y�'•,,sw��rrr•V."rwsrw�r"`+y_k� �.,ri.�.r �y.:i'�a - ' �arc��� ,Are� �Net Are� SECTION XXI. The definition of Lot Combination in section 4-11-120 of the Renton Municipal Code is amended as follows: LOT COMBINATION: The merger or aggregation of lots via either: 1. The construction of a dwelling unit upon a lot line shared bv an abuttin� lot under common ownership at the time of construction; provided that upon removal of the dwellin�unit proofthat each lot was le�ally created and that the ori�inal lots compl�with the current minimum lot size, width, and depth requirements of the applicable zone the ori�inal lots mav be reco�nized as being se�regated; or 43 ORDINANCE N0. 5867 2. A request by the property owner for a permanent merger of two (2)or more lots by the completion, approval and subsequent recording of a Declaration of Lot Combination or Lot Line Adjustment. SECTION XXI1. The definition of Lot, Legal in section 4-11-120 of the Renton Municipal Code is amended as follows: LOT, LEGAL: r�r.��irnm�.�+.-• '���..�...�..��. 3�#e le�w�s Erea�e��ric�r �e �he effes�ive ��a�e ef �he�� a—A-Ie�-Frea�e� befere-9s�e��� �, �97z, shall �eTe�eg�+�e�-a�-�lega� � i. E#befere-As�e�r-�, ��7�+#-wa� /-,� r.,� ,,.� � .,.d�„�.J�,.,i�., ,�,.,.,,..:w,..� .. ..i �.. ,. - - -� � ���ceEAgY}F�e� a5 d 5epafi�T2��3<-i^v���l{.iEA�crrrc�r�c552S59r�anv ii If�he le� was srea�e� �efere�ane �, '°��, '+ � " af�he fel4ewing���er�da���, �9(�� l�\ n.,.,.,,.,�„J � „ ,J�.-.�,.,.--,I. � /h1 n., -,.,.,,-,,.,�.�1 � ,-.+.,. .- ,�+,,,,.,. .,. . 44 ORDINANCE N0. 5867 (�-}—!lEEep�ed fer mainTen ar�ee �7—�#c,��i��C-e�t� , ,,,..,+„ .,,� .,.,,, +� „ •,� +• � , ---__.._ ._....... .... .....,...,.. .............,,� ,.,. .� , , , , +., ,- .-+-,,, ,,,.+ -,+*ti„+• +� ,� + + ,� , �„�_�a�=� e_�iot_�rc�«a-o;;-o�- af�er�s�eber �, �9��, 3hall ��reEeg�+�ed-a�-a i,,.,�� �„+ ;�;+.. ,,.,+,,,a. . , �.�T-_-ro.ag.�„�—,ollewin�al�erna�i�e mean�s ef Is+ � *• /-,� n+ � „+,.,,,.,+„I�n� � ...,,-,+ .,+ .J h .J r i � �d�f-�-�A�; `h1 n+ � .,f.,.+.. /nn1 -, „� ., .,�+ -.+ .J +h l, I �A$ Saora�a�tian mada in �^c^c^vi av'IlE�2 dMIT�'1 �cEW�g �� 8��!lssesser��la� �eqNisi�es,filing;inde�E, e�s , ���ti.-„ ,,.,*i., .�... ,,,,,� ��+„ -, i-,..,,,,- 1„+. � ¢��,--T�"roagh--�e��amen�ar��evisien� er �he '� { � * -,�+,,,- n��.,��.-� �n �aco. ., . � � + ., �„ +., � � hl' h .J F+ n '1 2 i �� 45 ORDINANCE N0. 5867 • , p�+��pn�e, �ePCT1P� acEE?p�d�I2-�A�I1��e�aC�ell+r,-ra�,zrr . � i.i—�ino Ee+�n#�—ds�men�s in�i�ati��appreval ef a�her� s��+v+sie�; iii Rarnrrl�� ����� + r ,� •ti• +l, i + i +� •+l, 7 RI l^^.C�1 C 1 q C CTRC SCTSTTT'T.�CTR� RITTI,T 'Y'�"..`^'"�"„^ '� ^,�+ ^{, � �;��ive legal �esE�ip�ienTe��e� an� �e�-�e� �•, u���erie-�a�E reeer�s er e�her simflar evi�e�se, �' '"' +" � * -�r �n inrl.iuirlii�l n� �+I TL,�. n.,..-, + + h II + 6,+* +L, ' + � r r b h'.-+.,.i�t�►x r(?,-.,.-.J.- .+-, .�,�..-�,I� -,L•' •� ,.1 � +a<<o,� ...___.. __.�.. ... .... �......�..... ... ...... . �b ., .... ...��...� . �. The le�wa3 sre���^' '+�• +� „ .,+ �• •+ �+�„ �•+ ,� ca v"vTcmircrn, cv�=pvrvcc�Trrrrc�-�rrcrr�. cT���-ar*a a �efc�re MarEh �7, ���7-¢Rla��in • `^�:.,�e�-�essic���a�3-arri�-; Fh. ��C�}-an� en e� �ef�r���y-z�, '0�4� *� � * }—�e�v�ed--a�an in�ivi�aall��e�sribc�-��rc�I �e�.� •+�ant'bucuc cwncrchirn,c th�o�sh�, �ee SII71p�e�Call�f�r er�ar�k�ase�� �i. R�eeegr�i�e� as a�ep a rai��a�-I$t��-##�C-e��-,4sses�eT�a ��; ni„ . �„�,,.,+,-,i �+.-„�+,,.� �ti,,,,.-„ � t, ti +� i + . AF p: oe�„ee^ "�lar�h �7, �9�7, a�� �;��-�9�8, i�sJ�sf���k�c-�eT-..�,� fra-,+.,.J �.. �., .,I�-. ..�+4. C+-.r., -.*' + + * .J .J w.r „s,. � 46 ORDINANCE N0. 5867 � Th�le�was Fr�a�e� af�e�I�—���9���h re�sh--��e�i e�� yl'3 '� E�fFiF'�'r rr�r^^^��^� � �+{.-�+ 1�++' l, C+ + I r o m Y N b )' / rI T4,., Ir.+ 1�,-,r F 1,.,.,.. .d ..�-. I.,+ 4.' +' .J �' .d ' +L.' vc �io� i�vc vcc�i �iici�r.r v�a a �vc cviiiu�i�aciv�i ao aci���ca i�i ciiio C^^� ' �,�" ^^�+�e� ef a legal le�mee�ins-�he Eri�eria a�eve sabse���„*�p;;� i+'., „� „ 'I h 'I.J 4,1 .,1 I 4,1 0 r�� LOT, LEGAL:A lot, which is not necessarilv a buildable or developable site created in compliance with anv applicable State and local laws in effect at the time as cited below, and subiect to the followin�: A. The lot was created before lune 9, 1937, and it was served bv at least one of the followin� before Januarv 1, 2000: 1. Approved sewa�e disposal; 2. An approved water system; or 3. A road that was: a. Accepted for maintenance bv the Kin� Countv Department of Transportation; or b. Located within an access easement for residential use or in a road ri�ht-of-wav and consists of a smooth drivin� surface includin� but not limited 47 ORDINANCE N0. 5867 to, asphalt, concrete, or compact�ravel, that complied with the Kin�Countv road standards in effect at the time the road was constructed. B. Between March 17, 1937, and July 22 1958 dates inclusive the lot was created in compliance with State se�re�ation statutes and Countv codes• or C. The lot was created after Julv 22 1958 throu�h a review and approval process of the Citv, Countv, or State for the creation of two (2) or more lots or throu�h a process reco�nized as exempt from plattin� by State law. D. The_lot was created before October 1. 1972 and: 1.Conveved as an individuallv described parcel to separate nonconti�uous ownerships throu�h a fee simple transfer or purchase• or 2. Reco�nized as a separate tax lot bv the Countv Assessor. E. The lot was created on or after October 1, 1972 and: 1. Throu�h the subdivision or short subdivision process• or 2. Throu�h the followin�alternative means of lot se�re�ation provided for by State statute or Countv code: a. At a size twentv (20) acres or�reater, created bv a record of survev recorded before Januarv 1, 2000, and not subseauentiv mer�ed into a lar�er lot• b. At a size fortv (40) acres or �reater created throu�h a lar�er lot se�re�ation made in accordance with RCW 58.18.010 Assessor's plat—Requisites fitin�, index, etc. — When official plat, approved by Kin� Countv and not subsequently mer�ed into a lar�er lot: 48 ORDINANCE NO. 5867 c.Throu�h testamentarv provisions or the laws of descent after Au�ust 10, 1969; d. As a result of deedin� land to a public bodv after April 3 1977• F. Each portion of a le�al lot created throu�h a process described above subseauently split bv a ri�ht-of-wav under threat of condemnation shall be considered a le�al lot. SECTION XXIII.The definition of Lot Lines in section 4-11-120 of the Renton Municipal Code is amended as follows: LOT LINES:The property fines bounding �a lot; the desi�nation of lot lines �front, rear, and side) shall be based on the vard desi�nations (See YARD REQUIREMENT). SECTION XXIV. The definition of Lot Measurements in section 4-11-120 of the Renton Municipal Code is amended as follows: LOT MEASUREMENTS: A. Lot Depth: The horizontal �ge distance between the '. ., where �he �f�� le� linz� �n�ersec�-wE�k��,",ti. �}�^^+ �:^"} �� ...�.. ':��' front and rear lot lines, measured from midpoint to midpoint• except in the case of fla� lots and irre�ularlv shaped lots. For flag lots, the "fla�pole" �,.�� �„+ �,,,,,� ;„ +�„ .- �„ +h� ,. „�.. ,,.-�„w. �,.+� +h + ,,, portion of the . , lot shall be ignored for the purpose�oft-#e-calculating^� ^{^��^��rt^ lot depth. For irre�ularly shaped lots and lots without an obvious rear lot line the lot depth shall 49 ORDINANCE N0. 5867 be measured to the midpoint of an ima�inary line at least fifteen feet (15') in len�th located entirelv within the lot and farthest removed and parallel to the front lot line or its tan�ent. ,� �� Y}11 fl t �� �� �'..�''�,�. � � �1 , ,.�,.- � �=1�.t.�" 7 � i �' � � � � � �� � � # I � S � fr I � � t � _ .�- .�.�... � Front �ot �ine� � �r�°EEr depth 15'min-;� +�I � i � �i � h � I � I depth � � �1 depeh '� depth �TR��T �i i � 4i i I i '�i i t Front Lot Lines STREET B. Lot Width: Width of a lot shall be measured perpendicular to and at the midpoint of the line used to determine lot depth. �^^�����^� +^ "^ *�� �„^�,^^ , �f�-,i���i-,+�„�,+t,,, �„�,-.,.�„ ,.,;.�+h 50 ORDINANCE N0. 5867 l �t-�---� +�r,�.�.•.�� �.•-r�� � �nw�icn�yp � � ' bt wtdcfi ��� � ( � •, / �...�.�..—��. .• ..+���� ronc Lor i.ina 5r���r width— 15'min II __--width '' -- —width -----► __r �__ --'"'dtn--� STREET Front Lot Lines STREET SECTION XXV. The definition of Lot Types in section 4-11-120 of the Renton Municipal Code is amended as follows: LOT TYPES: 51 ORDINANCE N0. 5867 �...,.... ._ _ ., ....�.,� i Thtou�h Lot � � _�_. ,�_.. � � Fla 4�t � �' � � � i J Interkor `,�t "� ( � � �.-..� I � c,orner Lot � �3nteriar L3�� ��' _� �QrnerLot � F--� � . r�----/ �JCI'GGi � � A. Lot,Corner: A lot abutting upon any combination of two (2)or more streets� including private streets (e.�. unit lot drives) access easements or shared driveways, but excludin�alleys, at their intersection, or upon two (2) parts of the same street, such streets or parts of the same street forming an interior angle of less than one hundred thirty five degrees (135�) within the lot lines. B. Lot, Flag: A lot with property lines that �enerally form the outline of a flag and fla�pole with access to a public road typicallv provided��throu�h thea relatively narrow portion of the lot (i.e. the "fla�pole"). ^-�„�+� ,��^«,�,,,, �^« �h,anThir��feeTT�9'Tin wi���i. c �„+ D' c+n C. lot, Interior: A lot that generally abuts or has frontage on only one street (or other means of access that may be permitted) D€. Lot, Through: A lot that has�two (2) opposin� ends each fronting on a street. 52 ORDINANCE N0. 5867 E�. Lot, Small Cluster: See CLUSTER DEVELOPMENT. SECTION XXVI. The definition of Lowest Floor in section 4-11-120 of the Renton Municipal Code is amended as follows: LOWEST FLOOR: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of RM6 ^ � n�ni��r,�. RMC 4-3-050G.4.d. SECTION XXVII. The definition of Yard Requirement in section 4-11-250 of the Renton Municipal Code is amended as follows: YARD REQUIREMENT: An open space on a lot unoccupied by structures, unless specifically authorized otherwise. The Planning Division shall determine the various vard requirements for uniquely shaped lots and � fl�lots. (See also SETBACK.) A. Front Yard: The yard requirement that separates the structure(s) from public right-of-way, private access easement, or shared driveway. For through lots, corner lots, and lots without street frontage, the front yard will be determined by the Planning Division Director. B. Secondary Front Yard: The yard requirement for corner lots and through- lots that serves as a second front yard abutting a street right-of-way, private street, or shared driveway. 53 ORDINANCE N0. 5867 C. Rear Yard:The yard requirement opposite the front yard. Where a lot abuts an alley, the rear yard shall always be the yard abutting the alley. For irregularly shaped lots,the rear yard shall be measured from an imaginary line at least fifteen feet (15') in length located entirely within the lot and farthest removed and parallel to the front lot line or its tangent. D. Side Yard:The yard requirement which is not a front yard, a secondary front yard, or a rear yard. SECTION XXVIII. If any section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. SECTION XXIX. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City's official newspaper. The summary shall consist of this ordinance's title. PASSED BY THE CITY COUNCIL this 11th day of December, 2017. Jaso A. Set City Clerk APPROVED BY THE MAYOR this 11th day of December, 2017. Denis Law, Mayor 54 ORDINANCE N0. 5867 Approved as to form: .��C'/l � ``��������Rn�i�r,,i �� .._ ,,,,���,�-� �,,,,,,,,,E�ro�.', Shane Moloney, City A orney ;V�,,,�` ''���,,��,y'-,; = _ .�. . Date of Publication: 12/15/2017 (summarv) ' * : SEAL = * � i i � � w � ' y ���'� �`� ��� ORD:1988:11/28/17:scr '/,���c��pO/pATEO`S�p\�6```\ �i�iuiu������' 55 ORDINANCE NO. 5867 ATTACHMENT A 4-2-060 Zoning Use Table—Uses Allowed in Zoning Designations RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS USES: RM RC R-1 R-4 R-6 R-8 H R-10 R-14 RMF IL IM IH CN CV CA CD CO COR UC Adult retail use (RMC 4-3-010) P p p p p p p12 Big-box retail p p p P29 p�g Drive-in/drive-through, retail AC8 AC80 AC80 AC8 AC6 AC80 AC6 AC8 0 0 1 1 2 Eating and drinking establishments P1 P1 P1 P1 P1 P1 P1 AD3 P P P P22 P P P P12 P82 P82 3 Fast food restaurants P29 P61 P P61 P82 Horticultural nurseries, existing A A A A A AD AD AD AD AD AD AD AD AD AD AD AD AD D D D D D Horticultural nurseries, new A AD29 D Marijuana retail (RMC 4-1-250) AD P AD P21 P82 Retail sales AD3 AD AC AC AC P22 P P P P54 P21 P82 3 J�9 �9 �R�9 ATTACHMENT A- 56 ORDINANCE NO. 5867 RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS USES: RM RC R-1 R-4 R-6 R-8 R-10 R-14 RMF IL IM IH CN CV CA CD CO COR UC H Retail sales, outdoor P1 P30 P30 P30 P15 P15 P15 P15 P15 5 Taverns AD P20 AD P21 P82 Vehicle sales, large P29 P29 P29 P29 I Vehicle sales, small P P P P68 ,.. ....��y.,�y .���; >.ryv... r ... k. ..,.. w a.. ..�» . � . p .s �., + r Entertainment Adult entertainment business P P P P P P12 (RMC 4-3-010) " Card room P52 P52 P52 P52 Cultural facilities H H H H H H H H H AD AD AD AD AD AD AD AD AD AD Dance clubs P29 P29 P29 AD P20 AD P29 AD Dance halls P29 P29 P29 AD P20 AD P29 AD Gaming/gambling facilities, not-for- H29 H29 H29 H20 H29 profit Movie theaters P29 P29 P29 AD P20 P P12 P82 ATTACHMENT A- 57 ORDINANCE NO. 5867 RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS USES: RM RC R-1 R-4 R-6 R-8 R-10 R-14 RMF IL IM IH CN CV CA CD CO COR UC H Sports arenas, auditoriums, P29 P29 P29 P20 P H18 exhibition halls, indoor Sports arenas, auditoriums, P29 P29 P29 AD20 H18 I exhibition halls, outdoor Recreation Golf courses (existing) P P P P P P P Golf courses, new H P H H H H H Marinas P P21 H Recreational facilities, indoor, H P33 P29 P29 P29 P P P P54 P21 P82 existing Recreational facilities, indoor, new H P29 P4 P P P92 P12 P21 P82 Recreational facilities, outdoor �R�9 P29 P29 P29 H20 H29 Hazardous material storage, on-site H24 H24 H24 or off-site, including treatment Indoor storage P P P AC1 AC1 AC11 AC1 AC1 AC1 1 1 1 1 1 ATTACHMENT A- 58 ORDINANCE NO. 5867 RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS USES: RM RC R-1 R-4 R-6 R-8 R-10 R-14 RMF IL IM IH CN CV CA CD CO COR UC H Outdoor storage, existing P29 P29 P29 P64 Outdoor storage, new P29 P29 P29 P64 Self-service storage D29 P59 P H22 H22 Vehicle storage AD2 AD29 AD29 9 Warehousing P P P �I ATTACHMENT A- 59 ORDINANCE NO. 5867 ATTACHMENT B 4-2-110A DEVELOPMENT STANDARDS FOR RESIDENTIAL ZONING DESIGNATIONS (PRIMARY AND ATTACHED ACCESSORY STRUCTURES) � .. , . , .,. �� u, , 4. 'y. _. . .... , ... „, ,.. ,�+. . ... �.-� „ r�� . , . �. , .. '� Maximum Net Density (per 1 1 4 6 8 dwelling 10 dwelling 14 dwelling 20 dwelling units�29 Net Acre, Except per Net 10 dwelling dwelling dwelling dwelling units38 units�29 units�29 Acres in RC)z,la,ls unit unit'�36 units units Minimum Front Yarda,s,�;31 30 ft. 30 ft. 30 ft.33 25 ft. 20 ft. except when all 15 ft.11, except Townhouse vehicle access is taken when all Development: 10 ft.11 from an alley, then 15 ft. vehicle access Other Attached � 39 is taken from Dwellings: 20 ft. an alley, then 1�ft. 39 ATTACHMENT B - 60