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HomeMy WebLinkAboutORD 5641CITY OF RENTON, WASHINGTON ORDINANCE NO. 5641 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 4-9-200 OF CHAPTER 9, PERMITS - SPECIFIC, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", BY REMOVING SUPERFLUOUS LANGUAGE, CLARIFYING VESTING PROCEDURES, CONDENSING REQUIREMENTS, AND SIMPLIFYING CODE LANGUAGE REGARDING MASTER PLAN AND SITE PLAN REVIEW. WHEREAS, RMC 4-9-200 provides for review of projects to promote high quality design, orderliness of community growth, and to minimize undesirable impacts of development; and WHEREAS, site plan review criteria has traditionally duplicated some of the review conducted for conditional use permits; and WHEREAS, site plan review is duplicative of some review now accomplished via design districts and residential design standards; and WHEREAS, site plan review criteria needs to be revised to retain its relevance; and WHEREAS, this matter was referred to the Planning Commission for investigation, study, and the matter having been considered by the Planning Commission, and the zoning text amendment request being in conformity with the City's Comprehensive Plan, as amended; and WHEREAS, the Planning Commission held a public hearing on November 16, 2011, having duly considered all matters relevant thereto, and all parties having been heard appearing in support or opposition; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: 1 ORDINANCE NO. 5641 SECTION I. Section 4-9-200, Site Development Plan Review, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby deleted in its entirety and replaced with the following: 4-9-200 MASTER PLAN AND SITE PLAN REVIEW: A. PURPOSE AND INTENT: 1. The purpose of this Section shall be to ensure that proposed development is implemented in a manner consistent with the plans, policies and regulations of the City of Renton and to advance the following objectives: • To promote orderly community growth and minimize undesirable development impacts; • To promote high quality design; • To protect and enhance the natural landscape, environmental features and property values of the City; • To ensure convenient and safe pedestrian and vehicle access and circulation; and • To promote coordination of public or quasi-public elements within and between developments. 2. Review shall be divided into two types. Master Plan Review and Site Plan Review: a. Master Plan Review: The purpose of the Master Plan process is to evaluate projects at a broad level and provide guidance for development 2 ORDINANCE NO. 5641 projects with multiple buildings on a single large site. The Master Plan process allows for analysis of overall proiect concepts and phasing as well as review of how the major proiect elements work together to implement City goals and policies. Master Plan review allows for consideration and mitigation of cumulative impacts from large-scale development and allows for coordination with City capital improvement planning. Master Plan review should occur at an early stage in the development of a proiect, when the scale, intensity and layout of a proiect are known. b. Site Plan Review: The purpose of the Site Plan review process is to analyze the detailed arrangement of project elements to mitigate negative impacts where necessary to ensure proiect compatibility with the physical characteristics of a site and with the surrounding area. Site Plan review ensures quality development consistent with City goals and policies. Site Plan review analyzes elements including, but not limited to, site layout, building orientation and design, pedestrian and vehicular environment, landscaping, natural features of the site, screening and buffering, parking and loading facilities, and illumination to ensure compatibility with potential future development. B. APPLICABILITY: 1. Master Plan Review: Master Plan review is required for all development within the UC-Nl, UC-N2 and COR Zones that is not specifically exempted in 4-9-200.C. Master Plans are optional in all other zones. When 3 ORDINANCE NO. 5641 existing parcels are twenty-five (25) acres or smaller, a master plan incorporating all abutting lots in common ownership as of December 1, 2003, is required. 2. Site Plan Review: a. When Required: Site Plan review is required for all development in the IL. CO, CN, CD. CA. CV, COR, UC-Nl, UC-N2, R-10, RMH, RM, and R-14 Zones, all development within the Employment Area Valley (EAV) designation, and for the following types of development, regardless of zone: i. K-12 educational institutions. ii. Parks. iii. Outdoor recreation facilities. iv. Rental services with outdoor storage. v. Hazardous Waste Facilities: All hazardous waste treatment and storage facilities. b. Optional: When specifically authorized by the Development Standards, Site Plan review may be used as a means to propose modifications to development standards for developments otherwise exempt from Site Plan review. C. EXEMPTIONS: 1. Development Exempt from Master Plan Review: The following are exempt from the Master Plan review: a. Airplane Manufacturing and Airplane Manufacturing Accessory Functions: New structures, the rehabilitation of existing structures, or lot line 4 ORDINANCE NO. 5641 adjustments for airplane manufacturing and airplane manufacturing accessory functions; b. Large Lot Subdivisions: Subdivision, lot line adjustment or other method of adjusting lot configurations that result in lots larger than twenty-five (25) acres in size; c. SEPA Exempt Development: All development categorically exempt from review under RMC 4-9-070G, Environmental Review Procedures; or d. Utilities: Underground utility projects. 2. Development Exempt from Site Plan Review: The following are exempt from the Site Plan review: a. Planned Urban Developments; b. SEPA Exempt Development: All development categorically exempt from review under RMC 4-9-070G, Environmental Review Procedures; or c. Utilities: Underground utility projects. D. CRITERIA TO DETERMINE IF PUBLIC HEARING IS REQUIRED: A public hearing before the Hearing Examiner shall be required in the following cases: 1. All Master Plans except those covered by a Planned Action Ordinance that included a public hearing that was determined by the Administrator of the Department of Community and Economic Development or designee (hereinafter "Administrator or designee") to have provided the public and decision-makers with sufficient detail regarding the project's scale, design, bulk and uses. ORDINANCE NO. 5641 2. Site Plan Review: a. Significant Environmental Concerns Remain: The Environmental Review Committee determines, based on departmental comments or public input, that there are significant unresolved concerns raised by the proposal; or b. Large Proiect Scale: The proposed proiect is more than: i. One hundred (100) attached residential units; ii. One hundred thousand (100,000) square feet of gross floor area (nonresidential) in the IL or CO Zones or other zones in the Employment Area Valley (EAV) land use designation (see EAV Map in RMC 4-2-080B); iii. Twenty-five thousand (25,000) square feet of gross floor area (nonresidential) in the CN, CD, CA, CV, or CO Zones outside the Employment Area Valley (EAV) land use designation (see EAV Map in RMC 4-2-080B); iv. Four (4) stories or sixty feet (60') in height; v. Three hundred (300) parking stalls; or vi. Ten (10) acres in size of proiect area. c. All commercial or industrial projects adjacent to or abutting residentially zoned property, unless the Administrator or designee determines that the presence of critical areas or other limiting factors on the residential property make development unlikely or unfeasible. E. DECISION CRITERIA: 1. Purpose: These criteria provide general guidance for an applicant in developing a site, but are not intended to discourage creativity and innovation. 6 ORDINANCE NO. 5641 2. Level of Detail: a. Master Plans: For Master Plan applications, the Administrator or designee will evaluate compliance with the review criteria at a level of detail appropriate for Master Plans. Master Plans will be evaluated for general compliance with the criteria and to ensure that nothing in the Master Plan will preclude development of a Site Plan in full compliance with the criteria. b. Site Plans: For Site Plan applications, the Administrator or designee will analyze the plan in detail and evaluate compliance with the specific requirements discussed below. 3. Criteria: The Administrator or designee must find a proposed proiect to be in compliance with the following: a. Compliance and Consistency: Conformance with plans, policies, regulations and approvals, including: i. Comprehensive Plan: The Comprehensive Plan, its elements, goals, objectives, and policies, especially those of the applicable land use designation: the Community Design Element; and any applicable adopted Neighborhood Plan. ii. Applicable land use regulations; iii. Relevant Planned Action Ordinance and Development Agreements; and iv. Design Regulations: Intent and guidelines of the design regulations located in RMC 4-3-100. 7 ORDINANCE NO. 5641 b. Off-Site Impacts: Mitigation of impacts to surrounding properties and uses, including: i. Structures: Restricting overscale structures and overconcentration of development on a particular portion of the site: ii. Circulation: Providing desirable transitions and linkages between uses, streets, walkways and adiacent properties: iii. Loading and Storage Areas: Locating, designing and screening storage areas, utilities, rooftop equipment, loading areas, and refuse and recyclables to minimize views from surrounding properties; iv. Views: Recognizing the public benefit and desirability of maintaining visual accessibility to attractive natural features; v. Landscaping: Using landscaping to provide transitions between development and surrounding properties to reduce noise and glare, maintain privacy, and generally enhance the appearance of the proiect; and vi. Lighting: Designing and/or placing exterior lighting and glazing in order to avoid excessive brightness or glare to adiacent properties and streets. c. On-Site Impacts: Mitigation of impacts to the site, including: L Structure Placement: Provisions for privacy and noise reduction by building placement, spacing and orientation; ii. Structure Scale: Consideration of the scale of proposed structures in relation to natural characteristics, views and vistas, site amenities, sunlight, prevailing winds, and pedestrian and vehicle needs; ORDINANCE NO. 5641 iii. Natural Features: Protection of the natural landscape by retaining existing vegetation and soils, using topography to reduce undue cutting and filling, and limiting impervious surfaces; and iv. Landscaping: Use of landscaping to soften the appearance of parking areas, to provide shade and privacy where needed, to define and enhance open spaces, and generally to enhance the appearance of the project- Landscaping also includes the design and protection of planting areas so that they are less susceptible to damage from vehicles or pedestrian movements. d. Access and Circulation: Safe and efficient access and circulation for all users, including: L Location and Consolidation: Providing access points on side streets or frontage streets rather than directly onto arterial streets and consolidation of ingress and egress points on the site and, when feasible, with adiacent properties; ii. Internal Circulation: Promoting safety and efficiency of the internal circulation system, including the location, design and dimensions of vehicular and pedestrian access points, drives, parking, turnarounds, walkways, bikeways, and emergency access ways; iii. Loading and Delivery: Separating loading and delivery areas from parking and pedestrian areas; iv. Transit and Bicycles: Providing transit, carpools and bicycle facilities and access; and 9 ORDINANCE NO. 5641 v. Pedestrians: Providing safe and attractive pedestrian connections between parking areas, buildings, public sidewalks and adiacent properties. e. Open Space: Incorporating open spaces to serve as distinctive proiect focal points and to provide adequate areas for passive and active recreation by the occupants/users of the site; f. Views and Public Access: When possible, providing view corridors to shorelines and Mt. Rainier, and incorporating public access to shorelines; g. Natural Systems: Arranging proiect elements to protect existing natural systems where applicable; h. Services and Infrastructure: Making available public services and facilities to accommodate the proposed use; i. Phasing: Including a detailed sequencing plan with development phases and estimated time frames, for phased projects. F. APPLICABLE SUBMITTAL AND REVIEW PROCEDURES: 1. General: All applications shall be reviewed in the manner described below and in accordance with RMC 4-8, Permits - General and Appeals. 2. Preapplication Conference: Applicants are encouraged to consult early and informally with representatives of the Planning Division and other affected departments to discuss proposed Master Plan and Site Plan applications. 3. Combined Application Authorized: An applicant may submit a Master Plan, Site Plan, combined Master Plan and Site Plan for the entire site, or a 10 ORDINANCE NO. 5641 Master Plan addressing the entire site with Site Plan(s) for one (1) or more phases of the planned site development. 4. Submittal Requirements and Application Fees: Submittal requirements shall be as listed in RMC 4-8-120C; application fees shall be as set forth in the Fee Schedule for the City. 5. Public Notice and Comment Period Required: Whenever a completed Master Plan or Site Plan review application is received, the Planning Division shall be responsible for providing public notice of the pending Site Plan application, pursuant to RMC 4-8-090, Public Notice Requirements. 6. Circulation and Review of Application: Upon receipt of a completed application, the Planning Division shall route the application for review and comment to various City departments and other jurisdictions or agencies with an interest in the application. 7. Environmental Review Committee to Determine Necessity for Public Hearing: Upon receipt of final departmental comments and after the close of the public comment period, the Environmental Review Committee shall determine the necessity for a public hearing pursuant to subsection D.2.a of this Section. This determination may be appealed to the Hearing Examiner pursuant to RMC 4-8-110E. 8. Administrative Approvals: For projects not requiring a public hearing, the Administrator or designee shall take action on the proposed plan. Approval of a Master Plan or Site Plan shall be subiect to any mitigation measures that are 11 ORDINANCE NO. 5641 part of the City's SEPA determination. The Administrator or designee shall have the authority to place reasonable conditions on or modify a plan in order to satisfy the general purposes of this Section, achieve consistency with the review criteria and compensate for impacts attributable to the proposed development. 9. Hearing Process and Examiner Authority: For projects requiring a public hearing, the Hearing Examiner shall take action in accordance with the procedures in RMC 4-8-100, Application and Decision - General, and the following: a. Date of Hearing: The Planning Division shall coordinate with the Hearing Examiner in setting a hearing date for the site development review application. b. Examiner's Decision: After conducting a public hearing on the Master Plan or Site Plan application, the Hearing Examiner shall render a written decision. c. Authority for Conditions and Plan Modifications: The Hearing Examiner shall have the authority to place reasonable conditions on or modify a plan in order to satisfy the general purposes of this Section, achieve consistency with the review criteria and compensate for impacts attributable to the proposed development. d. Hearing Examiner Ability to Leave Public Hearing Open: The Hearing Examiner may leave a public hearing open in order to solicit additional information that demonstrates that an application can be made consistent with 12 ORDINANCE NO. 5641 the review criteria and general purposes with minor modifications to a Master Plan or Site Plan. e. Denial: If the Hearing Examiner finds that a Master Plan or Site Plan application cannot be made consistent with the general purposes and review criteria of this Section by requiring reasonable conditions, then the plan shall be denied. G. MERGER WITH BINDING SITE PLAN: The applicant may request that the Site Plan submitted for Site Plan review under this Section constitutes a Binding Site Plan pursuant to RCW 58.17, provided that the Site Plan complies with all the requirements, procedures and review criteria of this Section as well as the requirements, standards and recording procedure of RMC 4-7-230. H. MODIFICATIONS TO AN APPROVED MASTER PLAN OR SITE PLAN: 1. Major Modifications: Major modifications to an approved Master Plan or Site Plan require a new application. 2. Minor Modifications: Minor modifications may be permitted by administrative determination. To be considered a minor modification, the amendment must not: a. Involve more than a ten percent (10%) increase in area or scale of the development in the approved plan: or b. Have a significantly greater impact on the environment and/or public facilities than the approved plan; or 13 ORDINANCE NO. 5641 c. Change the boundaries of the originally approved plan. I. TIMING OF BUILDING PERMITS: No building permit shall be issued for any use until the Administrator or designee has approved, or approved with conditions, required Master Plan and Site Plan Review application(s). All building permits issued shall be in compliance with the approved Site Plan. Building permits shall not be issued until the appeal period for an approved Site Plan has expired. J. EXPIRATION, EXTENSIONS, AND VESTING: 1. Non-Phased Plans: a. Master Plans: The Hearing Examiner shall determine, and document in writing, an appropriate expiration date for the Master Plan, granting up to five (5) years. An applicant shall submit a complete Site Plan application for the development within the specified time frame if a Site Plan was not combined with the Master Plan application. The Administrator or designee may grant a one (1) year extension for good cause- fa. Site Plans: The final approval of a Site Plan shall expire within two (2) years of the date of approval. A single two (2) year extension may be granted for good cause by the Administrator or designee. The Administrator or designee may determine at his or her discretion that a public hearing before the Hearing Examiner is required for such extension. c. Vesting: As long as the development of a proiect conforms to the approved plan and building permits are submitted within the relevant time 14 ORDINANCE NO. 5641 limits, the zoning regulations in effect at the time of the original approval shall continue to apply. However, all construction shall conform to the International Building Code and Uniform Fire Code regulations in force at the time of building permit application. 2. Phased Plans: a. Master Plans: The Administrator or designee may grant Master Plan approval for large projects planned to be developed or redeveloped in phases over a period of years exceeding the five (5)-year time limit for non- phased plans. Such approval shall include clearly defined phases and specific time limits for each phase and a determination of eligibility for any extensions of the time limits. b. Site Plans: An applicant may submit a Site Plan application for either the entire site or a portion of the site covered by a Master Plan, provided the application complies with phasing and timing requirements of the Master Plan approval. In every case, the Site Plan application and review shall cover at least that portion of the site which is directly related the proposed development as well as any areas that may be impacted by the development. c. Vesting: As long as the development of a proiect conforms to the approved plan and applicable timing and approved phasing schedule, the zoning regulations in effect at the time of the original approval shall continue to apply. However, all construction shall conform to the International Building Code and Uniform Fire Code regulations in force at the time of building permit application. 15 ORDINANCE NO. 5641 K. APPEALS: Any decision on a Master Plan or Site Plan application shall be subiect to appeal, pursuant to RMC 4-8-110, Appeals. SECTION II. This ordinance shall be effective upon its passage, approval, and five (5) days after publication. PASSED BY THE CITY COUNCIL this 12th dav of December , 2011, Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this 12th day of December 2011 Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: 12/16/2011 (summary) ORD:1750:12/9/ll:scr Denis Law, Mayor a: - 16