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H:\CED\Planning\Title IV\Docket\Administrative Policy Code Interpretation\CI-135 - Time Limits for PUDs\Code
Interpretation.docx
Department of Community and Economic Development
Planning Division
ADMINISTRATIVE POLICY/CODE INTERPRETATION
ADMINISTRATIVE
POLICY/CODE
INTERPRETATION #: CI-135
MUNICIPAL
CODE SECTIONS: RMC 4-9-150G and RMC 4-9-150K
REFERENCE: N/A
SUBJECT: Time Limits for Approved Planned Urban Developments Not Associated
with a Subdivision
BACKGROUND: Planned Urban Development (PUD) applications provide an opportunity
for applicants to modify many of the City’s zoning, subdivision, and street
standards in exchange for public benefits and a superior development
outcome. Applications for PUDs may run concurrent with residential
subdivisions, but replace the need for Site Plan Review for commercial,
multi-family, and institutional developments.
The approval period for PUD subdivisions is clear in the existing
regulations and it also follows Chapter 58.17 RCW timing and vesting
procedures. Time limits for subdivision PUDs is directly tied to state law
or construction activities as building permits are not issued to construct
plat infrastructure.
Approval time limit and expiration clarity is needed for PUD projects that
do not include a subdivision, such as commercial and multi-family
proposals as there are two conflicts regarding their expiration dates
explained below. Additionally, these projects are not granted the same
time limits or potential extension period as a Site Plan Review permit
although they are often similar in scale and/or complexity. Finally, an
expired PUD would uniquely encumber the property by requiring a future
applicant for the site to either: (1) obtain a new PUD approval; or (2)
request the Hearing Examiner officially remove the PUD designation and
revoke the original approval.
Per RMC 4-9-150G.8, once an applicant receives PUD final plan approval,
a clock begins that requires submittal of a “substantially complete”
building permit application within six-months. In addition to this initial
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building permit submittal clock, the code requires the applicant to
complete the PUD project within two-years from the date of final plan
approval. No other land use permit requires a six-month substantially
complete building permit submittal or two-year project completion date
from the time of entitlement.
A conflict to this two-year time limit arises in the PUD expiration section
(RMC 4-9-150K.1), where it states that expiration can only occur if no on-
site construction has begun or a lack of significant progress under those
building permits has occurred (emphasis added). On-site construction
refers to construction related to a subdivision and the building permit
portion refers to commercial, multi-family, or institutional projects. This
results in the following two competing time limits for non -subdivision
type PUDs: (1) two years from the date of the final plan approval; or (2) a
lack of significant progress under the building permit.
A traditional commercial or multi-family project requires a Site Plan
Review application prior to submitting construction and building permits.
An approved site plan application is valid for two-years with a possible
two-year extension for “good cause.” Within this two-year time limit, the
applicant is required to prepare and submit complete building permit
applications for their approved site plan. Upon acceptance of a complete
building permit, the project becomes vested and the time limits for the
project then follow the building code and are no longer tied to the site
plan review approval timeline. Expiration of the site plan approval would
occur if the applicant did not submit a complete application within the
two-year time limit window (or approved extension) and expiration of
the building permit would then follow building code benchmarks.
Site plan review timelines provide applicants adequate time to prepare
building permit plans and ultimately construct their project where a
commercial/multifamily PUD applicant is not afforded the same time
allotment. PUD time limits do not transfer to the building permit as they
do with Site Plan Review, which results in a shorter time frame to
complete a comparable project. Extensions for PUDs also differ as they
are limited to 12-months instead of two-years. Finally, expired PUDs
distinctively encumber properties by requiring a new PUD or action to
revoke the original approval in order to move forward with a new
proposal.
DECISION: Amend RMC 4-9-150G and K to remove the conflicts in time
limits/expirations for PUDs that are not associated with subdivisions and
make time limits and expirations consistent with the Site Plan Review
process.
JUSTIFICATION: Approval time limits for PUDs is unclear as two competing expirations
currently exist. Additionally, it is difficult for an applicant of a large multi-
family, mixed use, or commercial development to prepare, submit, and
gain approval of building permits and complete construction within the
six-month and two-year time frames described above. PUD applicants
who are not proposing a subdivision should follow a similar path with
regard to time limits and expirations as Site Plan Review applicants as the
complexity of their respective proposals are often similar scale and
scope.
CI-135 Page 3 of 5
ADMINISTRATOR
APPROVAL: _______________________________________
C. E. “Chip” Vincent
EFFECTIVE DATE: June 19, 2018
APPEAL
PROCESS: To appeal this determination, a written appeal--accompanied by the
required filing fee--must be filed with the City's Hearing Examiner (1055
South Grady Way, Renton, WA 98057, 425-430-6515) no more than 14
days from the date of this decision. Your submittal should explain the
basis for the appeal. Section 4-8-110 of the Renton Municipal Code
provides further information on the appeal process.
DISCLAIMER: Excerpts from the Renton Municipal Code shown below may not contain the most
recently codified text. In such instances, code amendments implemented through this
Administrative Code Interpretation shall be construed to affect the current code and past/future
Administrative Code Interpretations not yet codified in the same manner as shown below.
Should any conflicts result the Administrator shall determine the effective code.
CODE
AMENDMENTS
NEEDED TO
IMPLEMENT
DETERMINATIONS: RMC 4-9-150G. FINAL PLAN REVIEW PROCEDURES
1. Time Limits:
a. Preliminary Approval of Planned Urban Development Not
Associated with a Subdivision: The developer applicant shall, within two
(2) years of the effective date of action by the Hearing Examiner to
approve the preliminary plan, submit to the Department of Community
and Economic Development a final development plan showing the
ultimate design and specific details of the proposed planned urban
development or the final phase or phases thereof. Following approval of
the final development plan, and within the two (2) year effective date of
the approved preliminary plan, the applicant shall submit complete
building permit applications.
Upon application, the Hearing Examiner may grant an extension of the
approved preliminary plan for a maximum of twelve (12) months two (2)
years. Application for such extension shall be made at least thirty (30)
days prior to the expiration date of preliminary plan approval. Only one
such extension may be granted for a planned urban development.
b. Preliminary Approval of a Planned Urban Development with
Concurrent Preliminary Subdivision: The applicant shall submit the
final development plan within five (5) years of the effective date of action
by the Hearing Examiner to approve the preliminary plan. If approval of
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the preliminary subdivision is legally extended, the preliminary plan
approval shall also be extended.
c. Expiration of Preliminary Approval: If a final development plan is
not filed within the identified time limits or within the extended time
period, if any, the planned urban development preliminary plan shall be
deemed to have expired or been abandoned. Once a planned urban
development preliminary plat has been deemed to have expired or been
abandoned, a new application is required to proceed, and the development
standards existing at the time of the new application shall apply. (Ord.
5519, 12-14-2009; Ord. 5571, 11-15-2010; Ord. 5676, 12-3-2012)
d. Remaining Preliminary Phases with Completion of One Phase:
Approval of a final plan for any phase of the approved preliminary plan
shall constitute an extension for two (2) years of the remainder of the
preliminary plan from the effective date of action on the final plan.
7. Effect of an Approved Final Plan:
b. Construction Authorized: Approval of a final planned urban
development is authorization to apply for building permits to construct the
planned urban development. Construction of any portion of the planned
urban development requires a current approved planned urban
development and a current building permit.
8. Time Limits:
a. Expiration: The applicant shall prepare and submit building permit
applications which are accepted as substantially complete to the
Department of Community and Economic Development within six (6)
months of the effective date of approval. The developer shall complete the
approved planned urban development or any phase thereof included in the
approved final plan within two (2) years from the date of the decision to
approve the final plan by the Community and Economic Development
Administrator, unless a shorter time is designated. Failure to complete the
planned urban development, or any phase thereof, within this time limit
will require the submittal of a new preliminary and final plan application
in order to continue construction of the planned urban development.
Failure to submit a new application or to complete the planned urban
development once construction has begun shall constitute abandonment of
the planned urban development subject to subsection K of this Section.
Expiration of any building permit issued for a planned urban development
shall be governed by the provisions of the applicable Building Code.
Construction of any portion of the planned urban development requires a
current approved planned urban development and a current building
permit. (Ord. 5519, 12-14-2009; Ord. 5676, 12-3-2012)
b. Remaining Preliminary Phases with Completion of One Phase:
Approval of a final plan for any phase of the approved preliminary plan
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shall constitute an extension for two (2) years of the remainder of the
preliminary plan from the effective date of Hearing Examiner action on
the final plan. (Ord. 5153, 9-26-2005)
K. EXPIRATION OR ABANDONMENT OF A PLANNED URBAN
DEVELOPMENT:
1. Expiration: Expiration of an approved preliminary plan shall be
defined as failure to satisfy the time limits or other requirements of
submitting a final plan application. Expiration of an approved final plan
planned urban development shall be defined as failure to initiate
construction of a planned urban development or failure to submit a
complete building permit application within the approved final plan time
limits. Expiration can only occur if no on-site construction has begun or a
lack of significant progress under those the expiration of building permits
has occurred. Upon expiration of a preliminary or final plan, the
undeveloped site may only be developed if a new preliminary and final
plan planned urban development is approved or if the Hearing Examiner
removes the planned urban development designation and revokes the
original approval. (Ord. 5519, 12-14-2009)
2. Abandonment: “Abandonment of a preliminary and/or final plan” for
the purpose of this Section shall mean the failure and neglect of the
developer applicant to meet the requirements of subsection G81 of this
Section, or to diligently pursue the project and the improvements
incidental thereto for a period of six (6) months, after beginning or
completing construction of any of the residential units, utilities, streets or
other improvements of any phase of a planned urban development.
Abandonment shall also occur when the applicant has provided a written
statement indicating that he/she is abandoning the preliminary and/or final
plan.
STAFF CONTACT: Matt Herrera, Senior Planner x6593