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HomeMy WebLinkAboutORD 5906CITY OF RENTON, WASHINGTON ORDINANCE NO. 5906 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SUBSECTION 4-9-2S0.B.1 OF THE RENTON MUNICIPAL CODE, BY ADDING DEVELOPMENT STANDARDS FROM WHICH COMMERCIAL AND INDUSTRIAL LAND USES CAN BE GRANTED A VARIANCE, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City variance process establishes procedures that grant relief from the requirements of development regulations which permits construction in a mannerthat otherwise is prohibited; and WHEREAS, the variance procedures grant the Administrator authority to grant variances from certain development standards (setbacks, lot coverage, lot width, lot depth, allowed projections into setbacks, and building height) when no other permit or approval requires Hearing Examiner review; and WHEREAS, variances from setbacks, lot coverage, lot width, lot depth, allowed projections into setbacks, and building height should be applied consistently for residential, commercial and industrial land uses; and WHEREAS, this matter was duly referred to the Planning Commission for investigation and study, and the matter was considered by the Planning Commission; and WHEREAS, pursuant to RCW 36.70A.106, on June 25, 2018, the City notified the State of Washington of its intent to adopt amendments to its development regulations; and WHEREAS, the Planning Commission held a public hearing on June 20, 2018, considered all relevant matters, and heard all parties in support or opposition, and subsequently forwarded a recommendation to the City Council; 1 ORDINANCE NO. 5906 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in strikethrough and underline edits remain in effect and unchanged. SECTION II. Subsection 4-9-250.13.1 of the Renton Municipal Code is amended as shown below. All other provisions of RMC 4-9-250 remain in effect and unchanged. 1. Authority and Applicability for Administrative Variances: The Community and Economic Development Administrator shall have the authority to grant variances from the following development standards when no other permit or approval requires Hearing Examiner review: a. Residential land Uses: Lot width, lot depth, setbacks, allowed projections into setbacks, building height, and lot coverage. Lot width, lot depth, and setback variations do not require a variance if the request is part of a stream daylighting proposal and meets criteria in RMC 4-3-0501; and b. Commercial and Industrial Land Uses: Lot width, lot depth, setbacks - allowed projections into setbacks, building height and lot coverage screening of surface - mounted equipment, and screening of roof -mounted equipment. c. Proposals Located Within Critical Areas: i. Wellhead Protection Areas: If an applicant feels that the strict application of aquifer protection regulations would deny all reasonable use of the property or would deny installation of public transportation or utility facilities determined by the public agency proposing these facilities to be in the best interest of the public i7 ORDINANCE NO. 5906 health, safety and welfare, the applicant of a development proposal may apply for a variance. ii. Flood Hazards: Variances from the flood hazard requirements of RMC 4-3-050, Critical Areas Regulations. iii. Steep Slopes Forty Percent (40%) or Greater and Very High Landslide Hazards: Variances from the geologic hazard requirements of RMC 4-3-050, Critical Areas Regulations. iv. Wetlands: for Category IV. (a) Creation/restoration/enhancement ratios: Categories I and II. (b) Buffer width reductions not otherwise authorized by RMC 4-3-050 (c) A new or expanded single family residence on an existing, legal lot, having a regulated Category IV wetland. (d) Buffer width reductions not otherwise authorized by RMC 4-3-050 for Category I or II. v. Streams and Lakes: (a) A new or expanded single family residence on a pre-existing platted lot where there is not enough developable area elsewhere on the site to accommodate building pads and provide practical off-street parking, providing reasonable use of the property. (b) Buffer width reductions not otherwise authorized by RMC 4-3-050, Streams and Lakes, for Types F, Np, and Ns. 3 ORDINANCE NO. 5906 (c) Activities proposing to vary from stream regulations not listed elsewhere in RMC 4-9-250.B.1.a, and authorized to be requested as variances in RMC 4- 3-050. vi. General: Public/quasi-public utility or agency proposing to alter wellhead protection, geologic hazard, habitat or wetlands regulations not listed above. d. Proposals to Vary from the Drainage Standards: If an applicant feels that the application of the regulations in the Surface Water Design Manual would deny all reasonable use of the property, the applicant of a development proposal may apply for a variance. SECTION Ill. If any section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. SECTION IV. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City's official newspaper. The summary shall consist of this ordinance's title. PASSED BY THE CITY COUNCIL this loth day of December, 2018. Jaso A. Seth, Cify Clerk 4 ORDINANCE NO. 5906 APPROVED BY THE MAYOR this this 10th day of December, 2018. Approved as to form: Shane Moloney, City torney Date of Publication: 12/14/2018 (summary) ORD: 2028:9/24/18:scr Dw� Denis Law, Mayor i SEAL cO,Q������lnnua�a``�� �,s11''j,ORAi EDS '11111,��`���`�� 5