The URL can be used to link to this page

Home My WebLink AboutM_Code_Interpretation_4-3-110_100114.pdfLzty o Department of Community and Economic Development Planning Division ADMINISTRATIVE POLICY/ CODE INTERPRETATION MUNICIPAL CODE SECTIONS: RMC 4-3-110, Urban Separator Overlay Regulations. REFERENCE: Wilson Park Preliminary Plat (LUA09-140, PP, ECF) SUBJECT: Determination regarding dedication of open space requirements for properties within the Talbot Urban Separator. BACKGROUND: The City received an application for a development proposal on a 2.5 acre site in the R-14, R-1, and R-8 Zones. The site includes a portion of the Talbot Urban Separator, which is an overlay intended to create contiguous open space corridors within and between urban communities, which provide environmental, visual, recreational and wildlife benefits. The purpose of the Urban Separator is also to protect resources and environmentally sensitive areas - There are two Urban Separator areas: May Valley and Talbot Road. In the May Valley Urban Separator, entire properties are included in the Urban Separator designation. However, in the Talbot area, only portions of properties are within the Urban Separator, and these are generally portions of the property containing steep slopes- Properties located within the Urban Separator are required per RMC 4-3-110.E.2.a to dedicate 50% of the gross land area of the parcel or parcels as a non - revocable open space tract. In May Valley, since the entire property is designated Urban Separator, the dedication of 50% of the gross site area is appropriate. However, in the Talbot Urban Separator where only a very small portion of the site is designated Urban Separator, it is inequitable to require that 50% of the gross site area be retained. JUSTIFICATION: Urban Separator regulations require dedication of 50% of designated properties gross area as open space. For properties in May Valley, where the entire site is within the Urban Separator, this is appropriate. However, for properties in the Talbot area, where only a portion of the site is designated Urban Separator, the requirement for dedication of H:\CED\Planning\Title lV\Docket\Administrative Policy Code Interpretation\CI-06\Code lnterpretation.doc Page 1 of 2 50% of the area as open space is a hardship. By requiring 509 of the area designated as Urban Separator to be dedicated as open space, there is uniformity and fairness between the Talbot and May Valley areas. DECISION: Properties in the Talbot Urban Separator will be required to dedicate 50% of the gross land area in the Urban Separator as open space, rather than 50% of the gross site area. The area to be dedicated may also include portions of the site abutting the Urban Separator, in order to create a contiguous open space corridor. PLANNING DIRECTOR APPROVAL: C. E. "Chip" Vincent DATE: January 14, 2010 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 S. Grady Way, Renton, WA 98057) 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. CODE AMENDMENTS NEEDED TO IMPLEMENT DETERMINATIONS: RMC 4-3-110.E.2 should be amended to read as shown on Attachment A. CI -06 Page 2 of 2 Attachment A RMC 4-3-11 O.E. 2. Dedication of Open Space Required. a. Approval of a plat, and/or building permit on an undeveloped legal lot in the May Valley Urban Separator Overlay shall require dedication of fifty percent (50%) of the gross land area of the parcel or parcels as a non -revocable open space tract retained by property owner, or dedicated to a homeowners association or other suitable organization as determined by the reviewing official, Approval of a plat and/or building ermit on an undeveloped le ai lot in the Talbot Urban Separator Overlay shall require dedication of.fifty „percent (50%) of the cross land area of that portion of the parcel or parcels located within the Urban Separator as a non - Acreage in tracts may Include critical areas and/or erl;Tarea_-fffErs.- At a minimum, open space shall be connected to another contiguous qp space parte a fifty foot (50') corridor. b. Existing residences, existing accessoffivses and structur_eEE existing above ground utilities located in the tract at the time of desiEffa,.ton and new small aniedium utilities shal[ not count toward the fifty percent (50%) gross T __ rea calculation for opf pace except for storm water ponds designed with less than 3:1 ei ittieredem, C,s, jes and enh 1aad per techniques and landscape requirements set forth. -in the pub] ica5rn egrated Pond"'IM11 County Land and Water Resources Division. W c. Approval of a building per ar: i;,addition ofi = hundred (300) square feet for a primary use structure or five hundred (58 sq ;a,V feet for aa` cessory structure shall require recordation of a conservation easement; gmtectiv'a Qment 6—r -Tract and deed restriction on critical areas and cdti fers Iocat :within catiguorl pen space corridor pursuant to RMC 44- f 1 4, "l t re Growtl i.ote i&r Ar w d. Land dedR j.ad as opeace shat 'cated witlthe mapped contiguous open space corridor unless d-dlficatic s approvd- rsuant to subsection E6 of this Section.