HomeMy WebLinkAboutORD 4039 � `� Amends Ordinance No. 3051 , 3091,
3516, 3592, 3607, 3616 �
Amended by Ordinarice No. 4060 �13�jj
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CITY OF RENTON, WASHINGTON
ORDINANCE NO. 4039
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON
AMENDING CHAPTER 27 OF TITLE IV (BUILDING
REGULATIONS) OF ORDINANCE NO. 1628 ENTITLED
"CODE OF GENERAL ORDINANCES OF THE CITY OF
REPdTON" BY DELETING THE EXISTING CHAPTER
IN ITS ENTIRETY AND SUBSTITUTING IN ITS
PLACE A NEW RENTON PLANNED UNIT DEVELOPMENT
ORDINANCE
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON DO
ORDAIN AS FOLLOWS:
SECTION I: Existing Chapter 27 of Title IV (Building
Regulations) of Ordinance No. 1628 entitled "Code of General
Ordinances of the City of Renton" is repealed in its entirety.
SECTION II: The following is hereby adopted as Chapter
27 of Title IV (Building Regulations) of Ordinance No. 1628
entitled "Code of General Ordinances of the City of Renton" :
(See attached Renton Planned Unit Development
Ordinance incorporated herein as if fully set
forth)
SECTION III: This Ordinance shall be effective upon its
passage, approval and thirty days after publication.
PASSED BY THE CITY COUNCIL this 19th day of January, 1987 .
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Maxine E. Nlotor, City Clerk
APPROVED BY THE MAYOR this �9th day of January, 1?87 .
t�a�.�ach.c�,�k►, �'�u�c-`�.�
Barbara Y. Shinpoch, Mayor
Approv d as to form:
Lawrence J. Warre , City Attorney
Date of Publication: January 23 , 1987
Published in Summary
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ORDINANCE N0. 4039 �
RENTON PLANNED UNIT DEVELOPMENT
ORDINANCE
4-2701: TITLE: There is hereby established and created a "Planned Unit
Development Ordinance" to be hereinafter known and designated as the
"Renton Planned Unit Development Ordinance" and may be cited as
such. Hereinafter the Ordinance will be referred to as "this
Ordinance" and the same shall be and constitute Chapter 27, Title IV
(Building Regulations) of Ordinance No. 1628 known as "Code of
General Ordinances of the City of Renton."
4-2702: PURPOSE: There are two principal purposes of the Planned Unit
Development Ordinance. First, it is the purpose of this Ordinance
to preserve and protect natural features of the land, especially
where steep slopes or other environmentally sensitive areas exist,
and to take into account special conditions of topography and soil
stability. Second, it is also the purpose of this Ordinance to
encourage innovation and creativity in the development of new
residential areas in the City of Renton, to create desirable
neighborhoods for family and community life, to make maximum use of
new concepts and technology of land development and building
construction, and to carry out the objective and spirit of the
Renton Comprehensive Plan by allowing development that will provide
particular public benefits. In order to accomplish these purposes,
this Ordinance permits new development which is not limited by the
strict application of the City's zoning and subdivision regulations
when it is demonstrated that such new development will be superior
to traditional lot-by-lot development.
In pursuing the first purpose, the specific objectives of this
Ordinance are to:
l. Preserve as much as possible the natural characteristics of the
land, including topography, native vegetation and views;
Z. Reduce the risks of construction in hazardous or
environmentally sensitive areas;
3. Preserve and/or create wildlife habitat; and
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Ordinance No. 4039
4. Encourage and permit flexibility in design, placement and
configuration of buildings, use of open space, circulation
facilities, and parking areas in order to best utilize the
potential of sites characterized by special features of
geography, topography, size or shape, while at the same time,
maintaining substantially the same population density and area
coverage permitted in the zone in which the project is located. �
Other objectives of this Ordinance are to:
5. Encourage development of housing types that will be compatible
with adjacent existing and proposed uses and that will be
beneficial to the community;
6. Encourage the development of a viable housing stock that
enhances the image of the City;
7. Create and/or preserve usable open space for recreation and
aesthetic enjoyment of residents;
8. Encourage creativity in design;
9. Provide for maximum efficiency in the layout of streets,
utility networks, and other public improvements;
10. Provide a guide for property owners, the public and City
officials in reviewing and approving new developments proposed
under this Ordinance.
4-2703: DEFINITIONS: For the purposes of this Ordinance, certain terms,
phrases, words and their derivatives shall be construed as specified
in this Section. Words used in the singular include the plural, and
the plural the singular. The word "shall" is mandatory; the word
"may" is permissive.
1. Common Areas. A parcel or parcels of land or an area of water
or a combination of land and water within the site designated
for a Planned Unit Development and designed and intended for
the use or enjoyment of residents of a Planned Unit
Development. Common areas may contain such complementary
structures and improvements as are necessary and appropriate
for the benefit and enjoyment of residents of the Planned Unit
Development.
2. Developer. A person, partnership, joint venture, or
corporation who proposes to develop or has developed a Planned
Unit Development, pursuant to this Ordinance.
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Ordinance No. 4039
3. Land Owner. The legal or beneficial owner or owners of all the
land proposed to be included in a Planned Unit Development; a
contract purchaser or any other person having an enforceable
proprietary interest in such land shall be deemed to be a land
owner for the purpose of this Ordinance.
4. Leqal Ownership. The proprietary interest of a land owner as
defined above.
5. Open Space. A parcel or parcels of land or an area of water or
a combination of land and water within the site designated for
a Planned Unit Development, which are without above ground
parking or vehicle circulation areas, structures, or buildings,
except purely recreational facilities, and which shall include
but not be limited to undeveloped areas, landscaped areas,
garden areas, lawns, walkways, patios, and gazebos.
6. Planned Unit Development (PUD). Any development approved and
developed in accordance with the terms of this Ordinance,
including a subdivision of such land, which development may
occur at one time or in phases.
7. Property Owners' Association. An incorporated, nonprofit
organization formed or qualified under the laws of the State of
Washington, operating under recorded land agreements through
which (a) each land owner is automatically a member, (b) each
land owner is automatically subject to a charge for a
proportionate share of the expenses for the organization's
activities, such as maintaining common areas and facilities,
and (c) such charge, if unpaid, becomes a lien against the
property of the land owner.
8. Environmentally Sensitive Area (Severe). An area or portion of
a site which is shown to contain one or more of the following
natural features: as mapped and defined in the Environmentally
Sensitive Areas map folio available in the Policy Development
Department.
- Slopes 15-25%, with Class 3 Landslide Hazard and Severe
Erosion Hazard
- Slopes 25-40°�, with Class 3 Landslide Hazard or Severe
Erosion Hazard
- Wetlands and Class 3 Earthquake Hazard
9. Environmentally Sensitive Area (Very Severe). An area or
portion of a site which is shown to contain one ar more of the
fallowing natural features: as mapped and defined in the
Environmentally Sensitive Areas map folio available in the
Policy Development Department.
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Ordinance No. 4039
- Slopes 40% and Over
- Slopes 25% to 40%, with Class 3 Landslide Hazard and
Severe Erosion Hazard
- Lands Within the 100 Year Floodway
10. Environmentally Sensitive Areas Map Folio. These maps and
applicable definitions are available in the Clerk's office and
in the Policy Development Department. The purpose of these
maps is to alert the public and responsible officials to the
potential presence of environmentally sensitive areas on the
sites of development proposals. In cases of mapping error, the
actual presence or absence of the features defined in this
Ordinance as environmentally sensitive, as determined by
qualified professional and technical persons, shall govern the
treatment of an individual bui.lding site or parcel of land as
environmentally sensitive.
4-2704: ADMINISTERING AUTHORITY:
1. Hearing Examiner. The Hearing Examiner is designated as the
official agency of the City for the conduct of public hearings
and for recommendation to the City Council.
2. Administration. The Building and Zoning Department sha.11 be
responsible for the general administration and coordination of
this Ordinance.
3. Reviewinq Agencies. The Building and Zoning Department, the
Public Works Department, the Fire Department, the Policy
Development Department, the Police Department, the Parks and
Recreation Department, and the Seattle-King County Health
Department sha.11 review each proposed Planned Unit
Development.
4. Approvinv Aqency. The City Council, upon recommendation by the
Hearing Examiner and the other agencies detailed in the
paragraph above, shall be the final approving agency under this
Ordinance.
4-2705: REVIEW CRITERIA:
l. Scope of Review. In consideration of the latitude given and
the absence of conventional restrictions, the reviewing
agencies, Hearing Examiner, and City Council shall have wide
discretionary authority in judging and approving or
disapproving the innovations which may be incorporated into
Planned Unit Developments proposed under this Ordinance. The
City may approve a PUD only if it finds that the requirements
of subsections 4-2705-2 through 4 have been met.
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Ordinance No. 4039
2. Burden Required. Any applicant for Planned Unit Development
approval shall have the burden of demonstrating that a
development is in compliance with the purposes of this
Ordinance and with the Comprehensive Plan, that the proposed
development will be superior to that which would result without
a PUD, and that the development will not be unduly detrimental
to surrounding properties.
3. Public Benefit. In addition, an applicant for Planned Unit
Development shall have the burden of demonstrating that a
proposed development will provide specifically identified
benefits to the residents of the City that clearly outweigh any
adverse impacts or undesirable effects of the proposed PUD,
particularly those adverse and undesirable impacts to
surrounding properties; and that the proposed development will
provide one or more of the following benefits to the City as
part of the proposed PUD:
A. Protect environmentally sensitive areas.
B. Preservation, enhancement, or rehabilitation of natural
features of the subject property such as significant
woodlands, wildlife habitats or streams that the City
could not require the applicant to preserve, enhance or
rehabilitate through development of the subject property
without a PUD.
C. Public facilities that could not be required by the City
for development of the subject property without a PUD.
D. Design of the proposed PUD that is superior in one or more
of the following ways to the design that would result from
development of the subject property without a PUD:
(1) Increased provision of open space or recreational
facilities.
(2) Superior circulation patterns or location or
screening of parking facilities.
(3) Superior landscaping, buffering, or screening in or
around the proposed PUD.
(4) Superior architectural design, placement,
relationship or orientation of structures, or use of
solar energy.
4. SDecific Review Criteria. A proposed PUD shall also be
reviewed for consistency with the following criteria:
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Ordinance No. 4039
A. Compatibility with present and potential surrounding land
uses. (Compatibility includes, but is not limited to,
size, scale, mass, character and architectural design.)
B. Provision of streets and pedestrian facilities which are
suitable and adequate to carry anticipated traffic within
the proposed project and in the vicinity of the proposed
project.
C. Provision of utility services, emergency services, and
other improvements, existing and proposed, which are
adequate to serve the development.
D. An appearance of openness created by clustering,
separation of building groups, and use of well-designed
open space and landscaping.
E. Creation of a quality environment through the provision of
either passive or active recreation facilities and
attractive common areas, including accessibility to
buildings from parking areas and public walkways.
F. Provision of internal privacy between dwelling units, and
external privacy for adjacent dwelling units. Creation of
a sense of privacy and separation from adjacent units
through careful location of building entrances, windows,
and by the use of fences, walls and landscaping.
G. Oric�ntation of buildings to enhance views from within the
site by taking advantage of topography, building location
and style.
H. Promotion of variety and innovation in site and building
design. Buildings in groups should be related by
coordinated materials and roof styles, but contrast should
be provided throughout a site by the use of varied
materials, architectural detailing, building orientation
or housing type; i.e. single family, detached, attached,
townhouses, etc.
I. Design of the perimeter of a project to enhance adjacent
uses and not create a "walled corridor" of buildings,
heavily traveled streets, or light and glare. Perimeter
buildings should be similar in scale and bulk to buildings
on adjacent sites.
J. Provision of a system of walkways which tie residential
areas to recreational areas, transit, public walkways,
schools, and commercial activities.
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Ordinance No. 4039
K. Design of parking areas that are complemented by
landscaping and not designed in long rows. The size of
parking areas should be minimized and each area related to
the group of buildings served.
L. Pi•omotion of safety through adequate sight distance,
separation of vehicles from pedestrians, limited driveways
on busy streets, avoidance of difficult turning patterns,
and minimization of steep gradients.
M. Provision of safe, efficient access for emergency
vehicles.
N. Design of each phase of the proposed development, so that
as it is planned to be completed, it will contain the
required parking spaces, open space, recreation spaces,
landscaping and utilities necessary for creating and
sustaining a desirable and stable environment, and so that
each phase, together with previous phases can stand
alone.
4-2706: PERMITTED LOCATIONS: Planned Unit Developments may be permitted in
any Residential zoning district, except the R-1-5 district, when
processed and approved as provided in this Ordinance.
4-2707: PERMITTED USES: In an approved Planned Unit Development, only the
following uses may be permitted on a property, or any portion
thereof, with the respective underlying zoning classification. If a
site contains mare than one zoning classification, then only the
uses allowed below shall be permitted in each correspondingly zoned
area.
1. G-1 and R-1 Residence Districts:
A. Single family detached dwellings, and attached dwelling
units provided that no structure shall contain more than
four dwelling units and that each unit shall have its own
ground floor access and no unit shall be located above
another unit.
B. Accessory uses customarily incidental to such allowed
uses.
2. R-2, R-3 and R-4 Residence Districts:
A. Single family detached dwellings, single family attached
dwellings, duplexes, townhouses, and multiple family
dwellings.
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Ordinance No. 4039
B. Accessory uses customarily incidental to such allowed
uses.
C. Public and quasi-public uses which are compatible with
surrounding uses or are an integral part of the PUD.
4-2708: MINIMUM SITE A�EA: No minimum site area shall be required for a PUD.
4-2709: PERMITTFD NUMBER OF DWELLING UNITS: The maximum number of dwelling
units permitted in a Planned Unit Development shall be determined by
multiplying the gross site area times the allowed base units per
acre of the underlying zoning times the total of the percentage
increases of each earned density bonus. Grnss site area shall mean
the tntal site area before allowing for improvements, such as
streets, utility easements, and circulation areas. In no case shall
the number of dwelling units permitted on a site exceed the maximum
permitted density of the underlying zoning of the site, as specified
in subsection 4-2709-3 below.
The general formulas for determining the permitted number of
dwelling units in a PUD are as follows:
�� of dwelling units permitted = the smaller of:
[Gross site area in acres X Base density, or modified base
density for environmentally sensitive areas, of the respective
underlying zoning] X [100% + Sum of percentages of all
bonuses earned]; or
[Gross site area in acres X Maximum permitted residential
densities, or modified maximum density for environmentally
sensitive areas, of respective underlying zoning]
l. Base Units Per Acre. The base residential density permitted in
a PUD shall be:
A. G-1 Zone: one (1) dwelling unit per acre.
B. R-1 Zone: Four (4) dwelling units per acre.
C. R-2 Zone: Eight (8) dwelling units per acre.
D. R-3 Zone: Seventeen (17) dwelling units per acre.
E. R-4 Zone: Twenty-four (24) dwelling units per acre.
These base densities shall apply to the gross acreage of all
lands within a PUD, provided that the base density of any
portion of a site that is identified as containing Very Severe
Environmentally Sensitive areas is reduced by seventy-five
percent (75%) and the base density of any portion of a site
identified as containing Severe Environmentally Sensitive areas
is reduced by fifty percent (50°�).
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Ordinance No. 4039
Z. Bonus Densities. One or more of the following density bonuses
may be earned in addition to the base units per acre allowed in
a PUD. The bonus percentages shall be added together before
being multiplied by the permitted base density.
A. Open space. A five percent (5%) density bonus if at least
twenty-five percent (25%) or one-half acre, whichever is
less, of the open space has a slope of ten percent or
less. Such open space shall be concentrated areas and
shall not be covered by standing water except occasionally
during the year.
B. Active recreation areas. A five percent (5%) density
bonus if two or more active recreational features, such as
jogging/walking trails, pools, recreation building,
children's play areas, tennis courts and sports courts are
provided for each one hundred (100) residential units.
C. Environmentally sensitive areas. A five percent (5%)
bonus for each ten percent (10%) of the site identified as
having Very Severe or Severe Environmentally Sensitive
features that is left undisturbed.
D. Public access. A ten percent (10%) density bonus if
public access which is acceptable to the City is granted
to lakes, rivers, and other unusual site features (e.g.
unique open space, recreation areas, etc.).
E. Parking lots. A five percent (5%) density bonus if
off-street parking is grouped in areas of 16 stalls or
less and separated from other parking areas by significant
landscaping.
F. Enclosed Parking. A five percent (5%) density bonus if at
least fifty percent (50%) of the parking stalls are placed
underground or enclosed by walls on three sides, such as
in garages.
G. Arterial access. A five percent (5%) density bonus if the
principal vehicular access point opens directly onto a
primary or secondary arterial.
H. Public transit. A five percent (5%) density bonus if
public transit is available within five hundred feet
(500') walking distance from the PUD.
I. Security. A five percent (5�) density bonus if the PUD
provides a crime prevention plan, including locks,
security lighting, appropriate doors, windows and alarms
approved by the Renton Police Department.
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Ordinance No. 4039
J. Perimeter setback and buffer. A ten percent (10%) density
bonus if the landscaped setback from adjacent R-1
residence districts required in Section 4-2710-3A is
increased to fifty feet (50'), unless such increased
setback would be required anyway due tn topography,
easements or other limitations of the property.
K. Private Open Space.
A five percent (5%) density bonus for usable private open
space in excess of minimum requirements (4-2710:3) and,
specifically, when the private open space for a ground
floor unit exceeds 300 square feet or 80 square feet for
an upper story unit.
3. Maximum Residential Densities. The maximum residential
densities that may be achieved in a PUD shall not exceed:
A. G-1 Zone: 1.25 dwelling units per acre.
B. R-1 Zone: Six (6) dwelling units per acre.
C. R-2 Zone: Twelve (12) dwelling units per acre.
D. R-3 Zone: Twenty-five (25) dwelling units per acre.
E. R-4 Zone: Thirty-five (35) dwelling units per acre.
These maximum densities shall apply to all lands within a PUD,
provided that the maximum density of any portion of a site that
is identified as containing Very Severe Environmentally
Sensitive areas is reduced by fifty percent (50%) and the
maximum density of any portion of a site identified as
containing Severe Environmentally Sensitive areas is reduced by
twenty-five percent (25%).
4-2710: DEVELOPMENT STANDARDS:
l. Code Provisions That May Be Modified. In approving a Planned
Unit Development, the City may modify any of the standards of
the Zoning, Parking and Loading, and Subdivision Cndes except
the following:
A. The City may not modify any of the provisions of this
Ordinance;
B. The City may not modify any provision of the above codes
that specifically state that its requirements are not
subject to modifications under a PUD;
C. The City may not modify any of the procedural provisions
of these codes; and
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Ordinance No. 4039
D. The City may not modify any provision that specifically
applies to development on a wetland, flood plain, or
regulated slope.
2. Common Open Space Standard: Each PUD shall provide not less
than thirty-five percent (35%) of the total site area for
common open space. Open space shall be concentrated in large
usable areas and may be designed tn provide either active or
passive recreation or to provide a wildlife habitat.
3. Private Open Space: Each unit in a PUD shall have usable
private open space (in addition to parking, storage space,
lobbies, and corridors) for the exclusive use of the occupants
of that unit. Each ground floor unit, whether attached or
detached, shall have private open space which is contiguous to
the unit and shall be an area of at least 2096 of the gross
square footage of the dwelling units. The private open space
shall be well demarcated and at least 10 feet in every
dimension. Decks on upper floors can substitute for some of
this required private open space. For dwelling units which are
exclusively upper story units, there shall be deck areas
totalling at least 60 square feet in size with no dimension
less than five feet.
4. Setback and Height Standards.
A. Setback from R-1 zones. Whenever a PUD shall abut a R-1
zoned parcel, whether developed or undeveloped, then any
building or structure in the PUD shall be set back at
least twenty-five feet (25') from such parcel. Such
twenty-five foot (25') setback shall be open space, and
shall not be utilized for parking, streets, driveways,
playgrounds or other intensive uses, but such twenty-five
foot (25') setback shall be landscaped as hereinabove
described and maintained as a common area and open space.
B. Setback and heiqht limitations ad.iacent to R-1 zones. Any
structure within one hundred feet (100' ) of an R-1 zone
shall be comprised of detached single family housing no
more than thirty-five feet (35') in height.
C. Spacinq between buildings. No minimum spacing between
buildings within a PUD is required provided that each
development shall provide reasonable visual and
accoustical privacy for dwelling units and surrounding
properties; fences, insulation, walks, barriers, and
landscaping are used, as appropriate, for the protection
and aesthetic enhancement of the property and the privacy
of its occupants and surrounding properties, screening of
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Ordinance No. 4039
objectionable view or uses, and reduction of noise;
windows are placed at such a height or location or
screened to provide adequate privacy; and adequate light
and air is provided to each dwelling unit.
5. Special Areas.
A. Water. Planned Unit Developments which include any shore
line of natural lakes, rivers and other waterways shall be
governed by the requirements of Section 9-1107 of the City
Code entitled "Residential Subdivision of First Class
Shorelands" and "Shore Line Master Program."
B. Environmentally Sensitive Areas. PUDs in areas identified
as Very Severe or Severe Environmentally Sensitive areas
shall be subject to special review by the City to assure
stable building conditions, safe and convenient access,
and minimum disruption of the natural physical features of
the land. Special engineering, soils, hydrologic or
geologic studies may be required to assure public safety
and welfare.
6. Access, Circulation and Parking.
A. General. The Planned Unit Development shall have adequate
pedestrian and vehicle access and parking commensurate
with the location, size and density of the proposed
development. Vehicle access shall not be unduly
detrimental to adjacent areas and shall take into
consideration the anticipated traffic which the
development may generate.
B. Streets. All streets within a PUD shall be dedicated to
the City for public use. Such streets shall be developed
to the full minimum standards specified in Section 9-1108
of the Subdivision Code, including curbs, gutters and
sidewalks.
C. Parkinq. Adequate vehicular parking areas shall be
provided. Vehicular parking may be provided either
on-street or off-street within the PUD, provided that the
total number of available spaces is at least equal to the
resident and guest parking requirements specified in the
Parking and Loading code (Title 4, Chapter 22).
D. Pedestrian circulation. Adequate pedestrian circulation
facilities shall be provided. These facilities shall be
durable, serviceable, safe, convenient to the dwelling
units, and separated by curb or other means from the
vehicle traffic facilities.
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7. Formation of a Property Owners Association. The developer or
owner(s) of a PUD shall be required to form a legally
incorporated property owners association prior to the occupancy
of any portion of a PUD. If there is only one owner of the
PUD, either a property owners association shall be formed or a
covenant running with the land shall be filed requiring the
formation of such an association prior to the first subsequent
sale of the property, or portion thereof.
8. Installation and Maintenance of Common Facilities and Open
Space.
A. Common open space.
(1) Installation. All common area and open space shall
be landscaped in accordance with the landscaping plan
submitted by the applicant and apprnved by the City,
provided that common open space containing natural
features worthy of preservation may be left
unimproved. Prior to the issuance of any occupancy
permit, the developer shall furnish a performance
bond to the City in an amount equal to a minimum of
one hundred fifty percent (150%) of the cost of the
installation of the approved landscaping, which shall
be planted within one year of the date of final
approval of the PUD, and the maintenance of such
landscaping for a period of two (2) years
thereafter. A bond for providing maintenance of
landscaping may be waived if a landscaping
maintenance contract with a reputable landscaping
firm licensed to do business in the City of Renton is
executed and kept active for a two (2) year period.
A copy of such contract shall be kept on file with
the Building and Zoning Department.
(2) Maintenance. Landscaping and unimproved common open
space shall be maintained permanently by the property
owners association or the owner of the PUD, or the
agent or agents thereof and shall be subject to
periodic inspection by the City. In the event that
such landscaping or open space is not maintained in a
responsible manner, the City shall have the right to
provide for the maintenance thereof, and bill the
property owners association accordingly. Such bill,
if unpaid, shall become a lien against each
individual property.
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Ordinance No. 4039
B. Common facilities.
(1) Installation. Prior to the issuance of any occupancy
permits, all common facilities, including but not
limited to, utilities, storm drainage, streets,
recreation facilities, et cetera, shall be completed
by the developer or, if deferred by the Board of
Public Works, assured through a performance bond to
the City in an amount equal to a minimum of one
hundred fifty percent (150%) of the cost of
installation, except for such common facilities that
are intended to serve only future phases of a PUD.
Any common facilities that are intended to serve both
the present and future phases of a PUD shall be
installed or bonded as specified above before
occupancy of the earliest phase that will be served.
At the time of such bonding and deferral, the City
shall determine what portion of the costs of
improvements is attributable to each phase of a PUD.
(2) Maintenance. All common facilities not dedicated to
th�e City shall be permanently maintained by the PUD
owner, if there is only one owner, ar by the property
owners association, or the agent(s) thereof. In the
event that such facilities are not maintained in a
responsible manner, as determined by the City, the
City shall have the right to prnvide for the
maintenance thereof, and bill the owner or property
owners association accordingly. Such bill, if
unpaid, shall become a lien against each individual
property.
4-2711: PROCEDURE FOR APPROVAL OF PLANNED UNIT DEVELOPMENTS: The approval
of a Planned Unit Development shall be by the City Council, upon
recommendation by the Hearing Examiner, and shall be processed in
accordance with the following procedures:
l. Who May Apply. Any owner, group of owners of contiguous
property acting jointly, developer, or authorized agent may
submit an application for a PUD.
2. Filinq of Application. The application for preliminary
approval of a PUD shall be filed with the Building and Zoning
Department accompanied by a filing fee as established by the
Filing Fee Ordinance.
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Ordinance No. 4039
3. Informal Review. Prior to making application for preliminary
approval, the developer shall meet with the reviewing
departments to study and review the proposed PUD. The
developer shall prepare and submit to the Building and Zoning
Department eight (8) copies of a tentative application with
vicinity and site maps containing the information required in
Section 4-2711-4 below, together with other pertinent
information required by the reviewing departments. The maps
may be reasonably accurate sketches. A fee as established by
the Filing Fee Ordinance for a tentative PUD shall be paid by
the petitioner prior to this informal review.
4. Preliminary Plan.
A. Application. A preliminary development plan shall be
submitted to the Building and Zoning Department and shall
include the general intent of the development,
apportionment of land for buildings and land use, proposed
phases, if any, and such other information or
documentation which the Building and Zoning Department
shall require.
B. Documents required with preliminary plan and application.
A preliminary PUD plan application shall consist of:
(1) Vicinity map.
(2) Site maps of an appropriate scale including:
- Names and dimensions of bounding streets.
- Proposed pedestrian and circulation patterns.
- Identification of building type and typical
numbers of dwelling units or floor area by type.
- Type and general design of off-street parking
facilities.
- Typical locations and area specifications for
common and private open space.
(3) Illustrative landscaping treatments for key locations.
(4) Building Standards: Height, bulk, lot coverage and
setback provisions.
(5) Written information, including:
- Program for development, including phasing and
timing.
- Proposed ownership patterns.
- Tabulations of dwelling unit densities, building
floor area, lot coverage and/or anticipated
employees.
- Statement describing the relationship of the
proposed PUD to the City's Comprehensive Plan.
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- A detailed narrative, illustrative perspective
drawings, or appropriate cross-sections
describing the relationship of the major
elements and uses within the PUD to each other,
and the relationship of the major PUD elements
and structures to the surrounding properties and
uses.
C. Public notice. Whenever a completed preliminary plan
application is received, the Building and Zoning
Department shall be responsible for providing public
notice of the pending application. This public notice
shall be in the form of three (3) signs placed on or near
the subject property and clearly visible from the largest
public street serving the property and a public notice
mailed to all property owners within three hundred feet
(300') at the applicant's expense. The applicant shall be
responsible for providing completed mailing labels and
postage. The Building and Zoning Department shall also
make a reasonable effort to notify by mail all known
homeowners associations, community clubs or similar
organizations in the neighborhood of a proposed PUD.
Failure to receive such mailed notification shall have no
effect upon the proposed action or application. The
notices shall state the nature and location of the
proposed development, the public approvals that are
required, and the opportunities for public comment. A
twenty-one (21) day public comment period shall be
provided prior to any public hearing by the City on a
preliminary plan application.
D. Phasing. Planned Unit Developments may be proposed to be
developed in one or more phases. If developed in phases,
each phase of the PUD shall contain adequate parking, open
space, recreation space, public benefits, landscaping,
buffering, circulation, utilities and other improvements
necessary so that each phase, together with any earlier
phases, may stand alone and satisfy the purposes of this
Ordinance. Further, each phase must meet the requirements
of Section 4-2705-3, unless the public benefits have been
met by previously approved phases.
E. Review and approval. The preliminary plan shall be
circulated to all reviewing departments for comments. The
Building and Zoning Department shall determine that the
plans comply with the development policies of the Renton
Comprehensive Plan and this Section and shall make a
recommendation to the Hearing Examiner accordingly.
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Ordinance No. 4039
After public hearing, the Hearing Examiner shall recommend
approval, approval with conditions, or denial of the
preliminary plan. The City Council, upon recommendation
of the Hearing Examiner, shall approve, modify or deny the
preliminary plan PUD. City Council action to approve a
preliminary plan PUD shall be by ordinance and shall
include an accurate description af the boundaries, land
uses and number of units of the PUD, and any phases
thereof, as well as the effective date of approval and the
date of expiration of such approval.
The preliminary plan shall be approved or denied within
twelve (12) months of the date of filing of the
application, or within eighteen (18) months of the date of
filing of the application when an environmental impact
statement or other permit or approval required by another
public agency is required in order to approve the
preliminary plan.
F. Appeal. The action, by ordinance, of the City Council to
approve, modify or deny a PUD shall be final and
conclusive, unless within thirty (30) days of the
effective date of the ordinance an aggrieved party obtains
a writ of review from Superior Court. If Council acts in
appeal to approve a preliminary PUD, the decision will
include an effective date of approval consistent with
4-2711:4E.
G. Effect of an approved preliminary plan. The approval of a
preliminary plan constitutes the City's acceptance of the
general project, including its density, intensity,
arrangement and design. Approval authorizes the applicant
or subsequent owner to apply for final plan approval of
the PUD or phase(s) thereof. Preliminary plan approval
does not authorize any building permits or any site work
except that required for surveying and engineering of the
final plan or that required by the City for improvements
that are necessary for a particular phase of the PUD for
which final plan approval has been granted. An approved
preliminary plan binds the future PUD site and all
subsequent owners to the uses, densities, and standards of
the preliminary plan until such time as a final plan is
approved for the entire site or all phases of the site, or
a new preliminary plan is approved, or the preliminary
plan is abandoned or expires subject to the provisions of
Section 4-2713.
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Ordinance No. 4039
H. Zoning map revised. Upon the authority of the approval
ordinance of a preliminary plan PUD, the City shall place
the "PUD" designation as an overlay on the subject
property on the City of Renton Zoning Map.
I. Sale of Planned Unit Development. If a developer sells
the site or a portion of the site after preliminary
approval, such sale shall not prevent final approval of
the Planned Unit Development, providing that any
succeeding owner agrees to comply with the requirements of
this Section, and any and all conditions or covenants that
have been established for the approved PUD.
5. Merger of Review Staqes. The applicant may request that review
and decision on the preliminary plan and final plan be merged
in one decision. The merged decision shall follow the
procedural steps required of a preliminary plan. However, the
applicant shall submit all plans and information in the detail
required for a final plan and shall comply with all other
requirements and standards for a final plan.
6. Final Plan.
A. Time Limits. The developer shall, within two (2) years of
the effective date of action by the City Council to
approve the preliminary plan, submit to the Building and
Zoning Department a final development plan showing the
ultimate design and specific details of the proposed
Planned Unit Development or the final phase or phases
thereof.
Upon application by the developer, the Hearing Examiner
may grant an extension of the approved preliminary plan
for a maximum of twelve (12) months. 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 PUD. If a final
development plan is not filed within such two (2) years or
within the extended time period, if any, the PUD
preliminary plan shall be deemed to have expired or been
abandoned and shall be subject to the provisions of
Section 4-2713.
B. Application. A final plan application shall be submitted
for a PUD, or a phase thereof, to the Building and Zoning
Department. The proposed final plan shall be in
substantial conformance with the approved preliminary
plans, including phasing, subject to the provisions of
Section 4-2711-6D. The application shall be accompanied
by an appropriate fee as specified in the Fee Ordinance
and shall include the following:
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Ordinance No. 4039
(1) Vicinity map. A vicinity map drawn to an appropriate
scale which shall show all adjacent subdivisions,
true north arrow, type of existing land use, zoning,
streets and tract lines of acreage parcels with the
names of owners of record. The map shall show the
streets in the proposed PUD and their relationship
with existing and proposed streets in adjacent
subdivisions or undivided properties.
(2) Site maps. A map or maps of the site drawn to a
scale of not less than one inch representing forty
feet (1" = 40') showing the following proposals:
- Names and dimensions of streets bounding or
touching the site.
- Pedestrian and vehicular circulation patterns.
- Buildings including identification of types and
number of dwelling units in each or use of
building.
- Dimensions between buildings.
- Off-street parking facilities.
- Areas to be landscaped.
- Existing surface drainage system.
- Locations, dimensions and area of common and
private open space.
- The information listed in Sections 9-1106 21 (2)
through 9-1106 21 (11) of the City Code entitled
"Tentative, Preliminary and Final Plat
Requirements."
- Any other pertinent information required to
review the PUD.
(3) Landscapin� plan. A landscaping plan at a scale of
one inch representing ten feet or twenty feet (1" _
10'/20') indicating planting bed dimensions, north
arrow, plant layout and identification plant list,
size and spacing of plants and irrigation.
(4) Buildinq elevations. Elevation or perspective
drawings to scale to illustrate the architectural
character of structures.
(5) Written information. In addition to the information
noted above, the developer shall submit a written
statement with the necessary illustrations providing
the fallowing information:
- Program for development, including staging or
timing of development.
- Proposed ownership pattern upon completion of
development.
- Basic content of restrictive covenants.
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- Provisions to assure permanence and maintenance
of common open space through homeowners
association formation, condominium development
or other means acceptable to the City.
- Statement or tabulation of dwelling unit
densities proposed.
C. Public notice. Public notice shall be provided in the
manner prescribed for preliminary plans.
D. Major and minor modifications.
(1) Minor modification. As part of the approval of a
final plan, the City may require or approve a minor
deviation from the preliminary plan if --
(a) The change is necessary because of natural
features of the subject property not foreseen by
the applicant or the City prior to the approval
of the preliminary development plan; or
(b) The change will not have the effect of
significantly reducing any area of landscaping,
open space, natural area or parking; or
(c) The change will not have the effect of
increasing the density or significantly
increasing the total amount of floor area of the
PUD; or
(d) The change will not result in any structure,
circulation or parking area being moved
significantly in any direction; or
(e) The change will not reduce any setback approved
as part of the preliminary plan by more than 10°�
and the required minimum setback is met; or
(f) The change will not result in a significant
increase in the height of any structure as
approved in the preliminary plan; or
(g) The change will not increase or create any
adverse impacts or undesirable effects on the
surrounding neighborhood.
(2) Major modification. Major modifications are those
which substantially change the basic design, density,
circulation, or open space requirements of the PUD.
Major modifications to a preliminary plan PUD shall
be processed as a new preliminary plan.
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E. Review and approval. The final plan shall be reviewed by
the departments and the Hearing Examiner, in the manner
prescribed for preliminary plans, to determine if the
final plan is in substantial conformance with the approved
preliminary plan and is consistent with the purposes and
review criteria of this Ordinance. After a public hearing
thereon, the Hearing Examiner shall make a decision to
approve, approve with conditions or deny the final plan.
The decision shall include a description of the elements
of the approved PUD, including land uses, number of units,
phasing, the effective date of approval and of expiration,
time limits, required improvements and the schedule for
implementation, and any conditions that may apply to the
PUD.
F. Phasing. If developed in phases, each phase of the PUD
shall contain adequate parking, open space, recreation
space, public benefits, landscaping, buffering,
circulation, utilities and other improvements necessary so
that each phase, together with any earlier phases, may
stand alone and satisfy the purposes of this Ordinance.
Further, each phase must meet the requirements of Section
4-2705-3, unless the public benefits have been met by
previously approved phases.
G. Appeal. The Hearing Examiner's decision on a final plan
PUD may be appealed to the City Council within fourteen
(14) days from the date of the decision, pursuant to
Section 4-3016. If the Hearing Examiner acts on appeal to
approve a final PUD, the decision will include an
effective date of approval consistent with 4-2711:6E.
H. Effect of an �pproved final plan.
(1) Standards superimposed. The final approval of a
Planned Unit Development, under the procedures
detailed in this Ordinance, shall superimpose the
requirements of that specific approved Planned Unit
Development on the underlying zone regulations as an
exception thereto, to the extent that the
requirements of the Planned Unit Development modifies
or supersedes the regulations of the underlying
zone. Final plan approval shall be binding upon
property or the respective phase(s) with regards to
density, open space, uses, and other standards until
such time as a new final plan PUD is approved or the
final plan expires or is abandoned subject to Section
4-2713.
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Ordinance No. 4039
(2) Covenants required. As a condition of final plan PUD
approval, covenants shall be executed that run with
the land, and with all subdivided portions thereof,
stating that such property is part of an approved
PUD, and including the file number thereof and a
description of the uses, densities and phases of the
approved PUD. Such covenant shall also be recorded
for each property created through any subsequent
subdivisions.
(3) Extension of time limits for remaininq vhases.
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 Hearing
Examiner action on the final plan.
(4) Construction of the PUD. Approval of a final plan
PUD is authorization to apply for building permits to
construct the PUD. The developer shall prepare and
submit building permit applications which are
accepted as substantially complete to the Building
and Zoning Department within six (6) months of the
effective date of approval. The developer shall
complete the approved Planned Unit 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 Hearing Examiner,
unless the Examiner designates a shorter time.
Failure to complete the PUD, or any phase thereof,
within this time limit, will require the submittal of
a new preliminary and final plan application in order
tn continue construction of the PUD. Failure to
submit a new application ar to complete the PUD once
construction has begun shall constitute abandonment
of the PUD subject to Section 4-2'713. Expiration of
any building permit issued for a PUD shall be
governed by the provisions of the applicable building
code. Construction of any portion of the PUD
requires a current approved PUD and a current
building permit.
(5) Public Notification Signage. Prior to issuance of
any building permits for a final PUD, the applicant
will erect and maintain in a legible manner a sign
which is large and prominant, and which graphically
portrays all phases of the preliminary PUD including
dwelling unit types, numer of units, parking, open
space, and recreational facilities. The purpose of
this temporary sign is to inform neighbors and future
residents about future development plans and
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Ordinance No. 4039
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configuration. If the PUD has any ma�or
modifications permitted to it, then this sign shall
similarly be modified to comply with the modified
PUD. Any sign erected pursuant to this code section
shall be exempt from the provisions of the sign
code. The sign is to be removed at such time as the
Final PUD has been approved and constructed.
7. Consolidation of PUD and Subdivision Approval. Wherever a
Planned Unit Development is intended to be subdivided into
smaller parcels, an application for Preliminary Plat approval
may be submitted together with the application for final plan
PUD approval. In such case, the Preliminary Plat and the final
plan PUD shall be processed and reviewed concurrently.
Subsequent to final plan PUD approval, a PUD may also be
subdivided by the Binding Site Plan process as provided in
Section 9-1106-4.
4-2712: BUILDING AND OCCUPANCY PERMITS:
l. Building permits shall be issued for construction in Planned
Unit Developments only in accordance with the final plan and
program elements of the final plan as approved by the Hearing
Examiner. Minor adjustments to the final plan which involve
only insignificant revisions to the exact location and
configuration of buildings, roadways, open space or other
features and do not involve any changes in density, relative
density within the site, intensity, architectural style,
housing type or other significant characteristics of the PUD,
may be approved by the Building and Zoning Department when
issuing building permits. Adjustments that are determined by
the Building and Zoning Department to not be minor adjustments
shall require the submittal of a new final plan or preliminary
plan application, according to Section 4-2711-6D.
2. The Building and Zoning Director may issue a temporary or final
occupancy permit subject to any conditions appropriate to
insure the public health, safety and general welfare, and to
insure the timely execution of the remainder of the Planned
Unit Development. Prior to issuance of the permit the Director
shall find:
A. That the developer is engaged in the continuation of the
construction of the remainder of the PUD application.
B. That all requirements of the PUD approval, and required
health and safety ordinances of the City have been
satisfied.
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Ordinance No. 4039
� a
C. That the partial occupancy has been granted deferrals of
on-site or off-site improvements not yet completed
pursuant to provisions of the Renton Municipal Code.
D. That partial occupancy will be in the general public
interest, and not detrimental to the public health, safety
and welfare.
4-2713: EXPIRATION OR ABANDONMENT OF A PUD:
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 PUD shall be defined as
failure to initiate construction of a PUD. Expiration can only
occur if no on-site construction has begun. Upon expiration of
a preliminary or final plan, the undeveloped site may only be
developed if a new preliminary and final plan PUD is approved
or if the City Council, by ordinance, removes the "PUD"
designation and revokes the original approval.
2. Abandonment.
A. Abandonment defined. Abandonment of a preliminary and/or
final plan for the purpose of this Section shall mean the
failure and neglect of the developer to meet the
requirements of Section 4-2711-6H(4) 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
PUD.
B. Resuminq development of an abandoned PUD site. In order
to resume development of an abandoned PUD site, a new
final plan application shall be submitted for any
partially completed phase of the PUD and a new preliminary
plan application shall be submitted for all remaining
portions of the site. In any case, all subsequent
preliminary or final plans shall adhere to the Renton City
code provisions in force at the time of re-submission
including open space, dwelling unit density and setback
requirements. No building permits shall be issued,
renewed or extended until such new preliminary or final
plans are approved.
C. Occupation of structures. Any finished structures, short
of full implementation of an approved final plan for a PUD
or those phases thereof, may be occupied upon the issuance
of a Conditional Use permit by the Hearing Examiner,
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Ordinance No. 4039
�
together with such conditions, covenants or other terms in
order to assure compliance with the requirements of
Section 4-2710 and/or any other applicable provision of
this Qrdinance and the City's Zoning Code.
4-2714: RELATIONSHIP OF THIS ORDINANCE TO OTHER ORDINANCES: Where
provisions of this Ordinance are in conflict with provisions of the
Zoning Ordinance or the Subdivision Ordinance, the requirements of
this Ordinance shall prevail.
4-2715: LIABILITY: City Not Liable. This Ordinance shall not be construed
to relieve or lessen the responsibility of any person owning,
building, altering or constructing any Planned Unit Development in
the City for damages to anyone injured or damaged either in person
or property by any defect therein; nor shall the City, or any agent
thereof, be held as assuming such liability by reason of permit or
inspection authorized herein or a certificate of inspection issued
by the City or any of its agents.
4-2716: SEVERABILITY: If any part or portion of this Ordinance is
determined to be unconstitutional by a court of competent
jurisdiction, such determination shall not affect the remainder of
this Ordinance.
4-2717: PENALTY: It shall be unlawful for any person, firm or corporation
to construct, enlarge or change any land or Planned Unit Development
in the City or cause or permit the same to be dnne contrary to or in
violation of any of the provisions of this Ordinance. Any person,
firm or corporation violating any of the provisions of this
Ordinance, shall, upon conviction, be deemed guilty of a
misdemeanor, and each such person shall be deemed guilty of a
separate offense for each and every day or portion thereof during
which any violation of any of the provisions of this Ordinance is
committed, continued or permitted; and upon conviction of any such
violation such person shall be punishable by a fine of not more than
five hundred dollars ($500.00), or by imprisonment for not more than
ninety (90) days, or by both such fine and imprisonment.
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