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HomeMy WebLinkAboutORD 5516CITY OF RENTON, WASHINGTON ORDINANCE NO. 5516 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 8, PERMITS - GENERAL AND APPEALS, AND CHAPTER 9, PERMITS - SPECIFIC, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", TO AMEND THE PROCESSES RELATED TO AMENDING THE COMPREHENSIVE PLAN AND THE TITLE IV DEVELOPMENT REGULATIONS. WHEREAS, the City has the duty and responsibility to amend its Development Regulations periodically to correct errors, fix omissions, clarify standards, delete outdated provisions, and incorporate new regulations; and WHEREAS, the City updates its Comprehensive Plan annually, in compliance with RCW 36.70A (the Growth Management Act); and WHEREAS, the City desires to have meaningful and easy to understand processes for the amendment of its Comprehensive Plan and Development Regulations to encourage public participation in these processes and to ensure the transparency of governmental decision making; and WHEREAS, this matter was duly referred to the Planning Commission for investigation, study, and the matter having been duly considered by the Planning Commission, and the development regulation text amendment request being in conformity with the City's Comprehensive Plan, as amended; and WHEREAS, the Planning Commission held a public hearing on September 23, 2009, having duly considered all matters relevant thereto, and all parties having been heard appearing in support or opposition; ORDINANCE NO. 5516 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. The subsection labeled "Type IX4" of subsection 4-8-080G, Land Use Permit Procedures, of Chapter 8, Permits - General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended to require an open public hearing before the Planning Commission for development regulation text amendments, as shown in Attachment A. SECTION II. The subsection labeled "Type X4" of subsection 4-8-080G, Land Use Permit Procedures, of Chapter 8, Permits - General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended to require an open public hearing before the Planning Commission for Comprehensive Plan amendments and associated rezones, and to delete the requirement to refer amendments of development regulations to the Planning Commission, as shown in Attachment B. SECTION III. Section 4-9-020, Comprehensive Plan Adoption and Amendment Process, 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 herby amended to read as follows: 4-9-020 COMPREHENSIVE PLAN ADOPTION AND AMENDMENT PROCESS A. PURPOSE The purpose of this section is to describe the procedures and review criteria for Comprehensive Plan amendments. ORDINANCE NO. 5516 B. AUTHORITY The Growth Management Act ("GMA") requires that an adopted Comprehensive Plan shall be subject to continuing review and evaluation and that any amendment or revision to the Comprehensive Plan conform to the requirements of Chapter 36.70A RCW, and that any change to development regulations or official controls is consistent with and implements the Comprehensive Plan. GMA requires that the City perform its activities and make capital budget decisions in conformity with the Comprehensive Plan. Additionally, GMA specifically requires that the City establish procedures whereby proposed amendments or revisions of the Comprehensive Plan are considered by City Council no more frequently than once every year, with the following exceptions: initial adoption of a subarea plan; adoption or amendment of a Shoreline Master Program; amendment of the Capital Facilities element; and whenever an emergency exists. Proposed amendments must be considered concurrently so the cumulative effect of the proposals can be ascertained. C. INITIATION OF PROPOSED COMPREHENSIVE PLAN AMENDMENTS 1. The Mayor, City Council, or Planning Commission may initiate a Comprehensive Plan amendment by submitting the request in writing to the Administrator of the Department of Community and Economic Development. 2. The Administrator of the Department of Community and Economic Development may initiate Comprehensive Plan amendments that are necessary ORDINANCE NO. 5516 to ensure the consistency of the Comprehensive Plan, or other City plans and policies, with GMA. 3. Private parties may initiate a Comprehensive Plan amendment by submitting an application by December 15th for consideration the following year. D. APPLICATION AND SUBMITTAL REQUIREMENTS 1. The application and submittal requirements for amendments initiated by private parties are listed in RMC 4-8-120C, Land Use Applications. City initiated amendments are exempt from formal application. 2. The fee for amendments initiated by private parties is listed in RMC 4-1- 170, Land Use Review Fees. City initiated amendments will not be assessed a fee. 3. Applications for Comprehensive Plan amendments shall not be accepted in the following circumstances, unless the amendment involves the correction of a technical error: a. Applications which were submitted for amendment in the previous Comprehensive Plan amendment cycle that were denied; b. Applications for amendment of the Comprehensive Plan land use map involving properties considered for amendment in the previous Comprehensive Plan amendment cycle; c. Applications for amendment involving properties located within a community planning area in which the community planning process has been initiated; or, where a community plan has been adopted within the two (2) years prior to the amendment cycle. ORDINANCE NO. 5516 E. REVIEW PROCESS 1. Comprehensive Plan amendments shall be considered by the City Council concurrently, and no more frequently than once per year, unless the amendment is exempt by GMA from the annual amendment cycle. 2. Applications for Comprehensive Plan amendments by private parties shall be accepted by the Department of Community and Economic Development between October 1st and December 15th for consideration during the following year. 3. City-initiated applications shall be initiated by June 15th for consideration during the current year's amendment cycle. City-initiated applications accepted after June 15th will be considered during the next amendment cycle. This does not apply to amendments exempt by GMA from the annual amendment cycle. 4. The Department of Community and Economic Development shall conduct its review of Comprehensive Plan amendments concurrently with Planning Commission review. However, all departmental reporting and evaluation, including necessary environmental review, shall be completed prior to the Planning Commission making recommendations on the Comprehensive Plan amendments. 5. The Planning Commission shall consider all Comprehensive Plan amendments, unless exempt by GMA from the annual amendment cycle, concurrently so that the cumulative effect of the proposals can be ascertained. ORDINANCE NO. 5516 6. Planning Commission shall forward a recommendation to the City Council after a public hearing. 7. Comprehensive Plan amendments shall be adopted by ordinance of the City Council. F. REVIEW CRITERIA 1. All Comprehensive Plan amendments will be evaluated on their merits based upon the following: a. The effect upon the rate of growth, development, and conversion of land as envisioned in the Comprehensive Plan; b. The effect upon the City's capacity to provide adequate public facilities; c. The effect upon the rate of population and employment growth; d. Whether Comprehensive Plan objectives are being met as specified or remain valid and desirable; e. The effect upon general land values and housing costs; f. Whether capital improvements or expenditures, including transportation, are being made or completed as expected; g. Whether the initiated amendment conforms to the requirements of the GMA, is internally consistent with the Comprehensive Plan, and is consistent with the County-wide Planning Policies for King County; h. The effect upon critical areas and natural resource lands; ORDINANCE NO. 5516 i. Consistency with locationai criteria in the Comprehensive Plan and application requirements established in this section; j. The effect upon other considerations as deemed necessary by the Department of Community and Economic Development. 2. All applications must meet at least one of the following criteria: a. The request supports the vision embodied in the Comprehensive Plan; or b. The request supports the adopted business plan goals established by the City Council; or c. The request eliminates conflicts with existing elements or policies; or d. The request amends the Comprehensive Plan to accommodate new policy directives of the City Council. 3. Proposals that include a concurrent rezone proposal shall also comply with the decision criteria for a change of zone classification in RMC 4-9-180. G. PUBLIC NOTICE AND COMMENT PERIOD 1. Public Notice of Application: the applicant and the public shall be notified of the application for a Comprehensive Plan amendment at least ten (10) days prior to the first Planning Commission meeting in which the Department of Community and Economic Development reports on the amendment. Notice should consist of at least two (2) of the following methods: mailings to property owners potentially affected by the proposal, posting of at least three (3) notices in the area affected by the proposal, publication in the official newspaper if one ORDINANCE NO. 5516 has been designated, or in a newspaper of general circulation if one has not been designated, notice posted on the City's website, or postings at City Hall and public libraries within the City. 2. Notice of Public Hearing before the Planning Commission: the public shall be notified at least ten (10) days prior to the date of the Planning Commission public hearing with a publication in the official newspaper if one has been designated, or a newspaper of general circulation if one has not been designated. The applicant and any parties of record shall also be sent a notice by mail at least ten (10) days prior to the date of the hearing. 3. Comment period for Planning Commission public hearing: written comments will be accepted for ten (10) days prior to the date of the public hearing until seven (7) days after the date of the public hearing, unless the comment period is extended by a vote of the Commission. Verbal comments will only be accepted at the time of the hearing. All comments, including those sent by electronic means, must be accompanied by the full name and mailing address of the person making the comment. SECTION IV. Section 4-9-025, Title 4 Development Regulation Revision Process, 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 herby amended by changing the name to "Title IV Development Regulation Revision and Interpretation Process", and to read as follows: ORDINANCE NO. 5516 4-9-025 TITLE IV DEVELOPMENT REGULATION REVISION AND INTERPRETATION PROCESS: A. PURPOSE The purpose of this section is to describe the procedures and review criteria for amendments to, and interpretations of, the Development Regulations, Title IV of the Renton Municipal Code. Code interpretations provide temporary clarification of Title IV. Once an interpretation is issued, the subject will be submitted to the docket for Title IV amendments. B. AUTHORITY In accordance with RCW 36.70A.470, a summary containing written comments on suggested development regulation amendments shall be coordinated by the Department of Community and Economic Development. The text revision process is the means to either suggest a change, or to identify needed corrections, or both, in the development regulations. The Planning Director has the authority to issue Title IV code interpretations. C. APPLICABILITY 1. Proposed Title IV Development Regulation Amendments may be suggested by: a. The Mayor, City Council, or Planning Commission by submitting the request in writing to the Administrator of the Department of Community and Economic Development. ORDINANCE NO. 5516 b. The Administrator of the Department of Community and Economic Development. c. Private parties by submitting an application to the Department of Community and Economic Development. d. Code interpretations issued by the Planning Director. 2. Any person may submit a written request for code interpretation to the Planning Director, regarding any applicable title or any subsequent amendment thereto. D. REVIEW PROCESS FOR TITLE IV AMENDMENTS 1. Applications for Title IV amendments may be accepted at any time and placed on the Title IV docket. Imperative Title IV amendments designated by the Mayor, City Council, or Planning Commission may be given higher priority and processed outside the annual Title IV process outlined in this section. 2. The Department of Community and Economic Development shall keep a docket of suggested Title IV amendments that includes the following: a. Name and address of the person or agency requesting the amendment; b. Description of the amendment; c. Date of the request; d. Map of the affected area, if appropriate. 3. The Council may review the Title IV docket to determine which applications to include in the Planning Commission's annual work program. 10 ORDINANCE NO. 5516 4. The Department of Community and Economic Development shall conduct its review of Title IV concurrently with Planning Commission review. However, all departmental reporting and evaluation, including necessary environmental review, shall be completed prior to the Planning Commission making recommendations on the amendments. 5. The Planning Commission shall forward a recommendation to the City Council after a public hearing. 6. Title IV amendments shall be adopted by ordinance of the City Council after review by the City Council. E. REVIEW CRITERIA FOR TITLE IV AMENDMENTS 1. All Title IV amendments will be evaluated on their merits based upon the following: a. Consistency and compliance with the Comprehensive Plan; and b. All revisions must meet with at least one of the following criteria: (1) The revision eliminates conflicts within the code or between the code and the Comprehensive Plan; or (2) The revision changes code language to provide clarity, consistency, or ease of administration; or (3) The revision directly implements policies of the Comprehensive Plan or City Business Plan; or (4) The revision accommodates new policy directives of the City Council or Administration. 11 ORDINANCE NO. 5516 F. PUBLIC NOTICE AND COMMENT PERIOD FOR TITLE IV AMENDMENTS 1. Notice of Public Hearing before the Planning Commission: the public shall be notified at least ten (10) days prior to the date of the Planning Commission public hearing with a publication in the official newspaper if one has been designated, or a newspaper of general circulation if one has not been designated. The applicant and any parties of record shall also be sent a notice by mail at least ten (10) days prior to the date of the hearing. 2. Comment period for Planning Commission public hearing: written comments will be accepted for ten (10) days prior to the date of the public hearing until seven (7) days after the date of the public hearing, unless the comment period is extended by a vote of the Commission. Verbal comments will only be accepted at the time of the hearing. All comments, including those sent by electronic means, must be accompanied by the full name and mailing address of the person making the comment. G. REVIEW PROCESS FOR TITLE IV CODE INTERPRETATIONS 1. Requests for code interpretations shall include: a. The section of the code that is allegedly ambiguous or needing clarification; b. The subject matter or nature of the request; and c. Any facts that are relevant to the request. 2. The Planning Director may deny or reject the request if there is no ambiguity or need for clarification demonstrated by the requestor. 12 ORDINANCE NO. 5516 3. Only one (1) interpretation per issue shall be rendered by the Planning Director. In the event an interpretation is requested on an issue previously addressed, the Planning Director shall provide a copy of the previous interpretation to satisfy such request. 4. The Planning Director shall post proposed interpretations on the City website for public review comment and possible appeal. 5. Interpretations shall follow the process of Development Regulations amendments and be amended into Title IV annually. SECTION V. Section 4-9-180, Rezone Process, 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 herby amended to read as follows: 4-9-180 REZONE PROCESS A. PURPOSE The purpose of this section is to describe the procedure for processing applications for rezones in the City of Renton. This section addresses both rezones requiring a Comprehensive Plan Amendment and rezones that do not require a Comprehensive Plan Amendment. 13 ORDINANCE NO. 5516 B. WHO MAY APPLY An application for a rezone of property may be made by the property owner, or somebody authorized on the owner's behalf, on forms provided by and filed with the Department of Community and Economic Development. C. AUTHORITY FOR REZONES REQUIRING A PLAN AMENDMENT In accordance with RCW 35.63.110 the Planning Commission has the authority to recommend zoning to the legislative body requiring a Comprehensive Plan Amendment after conducting a public hearing thereon. D. AUTHORITY FOR REZONES NOT REQUIRING PLAN AMENDMENT Rezone requests not requiring an amendment to the Comprehensive Plan shall be reviewed in an open public hearing held before the Hearing Examiner under the procedures and rules of the Hearing Examiner, as authorized by RCW 35.63.130. The applicant will have the burden and duty of applying for and pursuing the rezone. E. SUBMITTAL REQUIREMENTS AND FEES Submittal requirements and fees shall be as specified in RMC 4-1-170, Land Use Review Fees, and 4-8-120C, Land Use Applications. F. DECISION CRITERIA FOR CHANGE OF ZONE CLASSIFICATION 1. Criteria for Rezones Requiring a Comprehensive Plan Amendment The following findings shall be made: The proposed amendment meets the review criteria in RMC 4-9-020; and 14 ORDINANCE NO. 5516 a. Is consistent with the policies set forth in the Comprehensive Plan; and b. At least one of the following circumstances applies: (1) The property subject to rezone was not specifically considered at the time of the last area land use analysis and area zoning; or (2) Since the most recent land use analysis or the area zoning of the subject property, authorized public improvements, permitted private development or other circumstances affecting the subject property have undergone significant and material change. 2. Criteria for Rezones Not Requiring Comprehensive Plan Amendment: The Reviewing Official shall make the following findings: a. The rezone is in the public interest, and b. The rezone tends to further the preservation and enjoyment of any substantial property rights of the petitioner, and c. The rezone is not materially detrimental to the public welfare of the properties of other persons located in the vicinity thereof, and d. The rezone meets the review criteria in subsection F.l of this section. G. TIME LIMITATIONS FOR REZONE APPLICATION RESUBMISSION A petition for a change of zoning classification, seeking the same or substantially same relief as a prior petition, cannot be re-filed or resubmitted within a period of twelve (12) months from the date of final disapproval or rejection of such prior petition. 15 ORDINANCE NO. 5516 SECTION VI. This ordinance shall be effective upon its passage, approval, and five (5) days after publication. PASSED BY THE CITY COUNCIL this 14th day of December ^ 2009. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this 14thday of December ^ 2009. yfyi* cL Denis Law, Mayor Approved-as to form: Lawrence J. Warren, City Attorney Date of Publication: 12/18/2009 (summary) ORD:1606:ll/16/09:scr 16 Attachment A ORDINANCE NO. 5516 4-8-080G LAND USE PERMIT PROCEDURES LI C N O T I C E O F LI C A T I O N CQ Q. 3 °Z Q- < z o < Q Z UJ IE 2 o u UJ cc u _i m a. a CC o u ^ UJ O cc z z cc UJ < CL UJ O x z o 1- o < z" o u UJ Q _l < UJ Q. Q. < Q CC O U UJ cc Z UJ Q. o RE C O R D G Q Z O < j UJ U X —1 < UJ a. a. < < Q D TYPE IX4 Development Regulation Text Amendments Yes Staff, PC PC CC GMHB 17 Attachment B ORDINANCE NO. 5516 4-8-080G LAND USE PERMIT PROCEDURES PU B L I C N O T I C E O F AP P L I C A T I O N z o Q Z UJ O u UJ CC OP E N R E C O R D P U B L I C HE A R I N G 7 z o o Q < z g U UJ Q _J < UJ CL CL < Q CC o u UJ cc z UJ 0. O CL O S E D R E C O R D HE A R I N G < UJ CL CL < < u o 3 TYPE X4 Comprehensive Plan Amendments Rezones Associated with Comprehensive Plan Amendments Yes Yes Staff, PC Staff, PC PC PC CC cc GMHB GMHB 18