HomeMy WebLinkAboutORD 5745 CITY OF RENTON, WASHINGTON
ORDINANCE NO. 5745
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION
4-3-050, OF CHAPTER 3, ENVIRONMENTAL REGULATIONS AND OVERLAY
DISTRICTS, SECTION 4-6-030, OF CHAPTER 6, STREET AND UTILITY STANDARDS,
SECTIONS 4-7-130, 4-7-190, 4-7-200, AND 4-7-220, OF CHAPTER 7, SUBDIVISION
REGULATIONS, AND SECTION 4-8-120, OF CHAPTER 8, PERMITS — GENERAL
AND APPEALS, OF TITLE IV (DEVELOPMENT REGULATIONS) OF THE RENTON
MUNICIPAL CODE, AMENDING THE REGULATIONS REGARDING THE CREATION
OF TRACTS TO CONTAIN UTILITIES, OPEN SPACE, CRITICAL AREAS, AND OTHER
SIMILAR AREAS THAT WARRANT PROTECTION OR SERVE A PUBLIC PURPOSE.
WHEREAS, the City recognizes that environmentally sensitive areas, such as critical
areas, are insufficiently protected by easements;
WHEREAS, the City recognizes that utilities and other installations providing a public
benefit, such as stormwater facilities, are frequently inadequately maintained if located within
easements; and
WHEREAS, the City revises standards for land that is dedicated for a public benefit or
environmental preservation by requiring the land area be located within a tract; and
WHEREAS, this matter was referred to the Planning Commission for consideration, and
the matter was considered by the Planning Commission, and the text amendment requests
being in conformity with the City's Comprehensive Plan, as amended; and
WHEREAS, the Planning Commission held a public hearing on November 5, 2014, and
considered all relevant matters, and all parties were heard appearing in support or in
opposition;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
1
ORDINANCE N0. 5745
SECTION I. Subsection 4-3-050.E, General Performance Standards, and Allowed
Alterations, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV
(Development Regulations) of the Renton Municipal Code, is amended so the subsection title is
revised as follows:
E. GENERAL PERFORMANCE STANDARDS, AND ALLOWED AITCDATIOINA
NATIVE GROWTH PROTECTION AREAS AND BUILDING SETBACKS:
SECTION II. Subsection 4-3-050.E.4.c, Method of Creation, of Chapter 3,
Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of the
Renton Municipal Code, is amended as follows:
c. Method of Creation: Native gGrowth Protection aAreas shall be
established by one of the following methods, in order of preference:
i. Tract and Deed Restriction: The permit holder shall establish
and record a permanent and irrevocable Notice of Sensitive Area on the title of
any critical area management tract or tracts created as a condition of a permit.
Such Notice of Sensitive Area shall prohibit development, alteration, or
disturbance within the tract except for purposes of habitat enhancement as part
of an enhancement proiect which has received prior written approval from the
City and from any other agency with jurisdiction over such activity. In addition,
the Notice of Sensitive Area shall prevent the sale of such tract to any party
without the City of Renton's prior written approval. Each lot owner of the
subdivision shall be granted an equal and undivided ownership interest in the
tract.
2
ORDINANCE NO. 5745
+iii. Conservation Easement: The permit holder shall, subject to
the City's approval, convey to the City or other public or nonprofit entity
specified by the City, a recorded easement for the protection of the critical area
and/or its buffer.
... Protective Easement. The '+ helde. shall establish and
N
r
aFeel
of a—pe•Kmi+ C h + ,++• easement hall h held h: the . Rd �fUt
r
PFepeFty ewneF, shall FUR with the land, and shall PF811ibit
,
� Tract d A .d D fr' +' r
. Th i+ hel.deF shall establish
�
ucn--acca-�cS+rFE+ 6C1T
c h /�'T°► i �ll rebibirdevelopment, alteFatien� . .distwba
ccr
r
i
3
ORDINANCE NO. 5745
be plaeed en the tFar=t FeStFi6tiA0 its sepaFate sal., Each aI..0 tti..,g lot ewReF e the
h - ' asseeffiatieR hall have aR .,.diva dee inteFest OR the cFaet.
SECTION III. Subsection 4-3-050.E.4.g, Responsibility for Maintenance, of Chapter 3,
Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of the
Renton Municipal Code, is amended as follows:
g. Responsibility for Maintenance: Responsibility for maintaining the
aNative gGrowth p. rotection easements e+-Area tract or tracts shall be held by a
homeowners' association, abutting lot ewneFS, the ^ FRit , pla,aAt eF .deli..,"e'e,
or other appropriate entity, as approved by the City.
SECTION IV. Subsection 4-3-050.E.4.h, Maintenance Covenant and Note Required, of
Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development
Regulations) of the Renton Municipal Code, is amended as follows:
h. Maintenance Covenant and Note Required: The following note
shall appear on the face of all plats, short plats, Planned Unit Developments, or
other approved site plans containing separate+Native gGrowth ia.Erotection Area
tract or tracts, and shall also be recorded as a covenant running with the land on
the title of record for all affected lots on the title: "MAINTENANCE
RESPONSIBILITY: All owners of lots created by or benefiting from this City action
abutting or including a ftNative gGrowth p. rotection Area ea&en;em4tract} are
responsible for maintenance and protection of the easemeRt [tract}.
Maintenance includes ensuring that no alterations occur within the tract and
4
ORDINANCE NO. 5745
that all vegetation remains undisturbed unless the express written authorization
of the City has been received."
SECTION V. Subsection 4-3-050.1, Geologic Hazards, of Chapter 3, Environmental
Regulations and Overlay Districts, of Title IV (Development Regulations) of the Renton
Municipal Code, is amended so the subsection title is revised as follows:
J. QU31 QGIG WAZARDS GEOLOGICALLY HAZARDOUS AREAS:
SECTION VI. Subsection 4-3-050.J.7.c, Native Growth Protection Area — Very High
Landslide Hazards, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV
(Development Regulations) of the Renton Municipal Code, is amended as follows:
c. Native Growth Protection Area LqgPA — Very High Landslide
Hazards: The landslide hazard area shall be placed in a oNative gGrowth
p.Erotection aArea (NGPA) tract pursuant to subsectien RMC 4-3-050.E.4 of this
Seet*ea, Native Growth Protection Areas, OF and designated as a "no
improvement area." The tract may be dedicated to a conservation organization
or land trust, or similarly preserved through a permanent protective mechanism
acceptable to the City. Based upon the results of the geotechnical study, the
buffer may be wed—designated in—a eNative gGrowth Protection aArea and
included in the NGPA tract, or it may be designated as a "no build" easement, or
the area may be designated, in part, a eNative gGrowth p.Protection aArea and
included in the NGPA tract and, in part, a "no build" easement not included
within the NGPA tract.
5
ORDINANCE NO. 5745
SECTION VII. Subsection 4-3-050.K, Habitat Conservation, of Chapter 3, Environmental
Regulations and Overlay Districts, of Title IV (Development Regulations) of the Renton
Municipal Code, is amended so the subsection title is revised as follows:
K. FISH AND WILDLIFE HABITAT CONSERVATION AREAS (FWHCAs):
SECTION VIII. Subsection 4-3-050.K.4, Native Growth Protection Areas, of Chapter 3,
Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of the
Renton Municipal Code, is amended as follows:
4. Native Growth Protection Areas: Based on the required habitat
assessment, critical habitat areas and their associated buffers may be required to
be pIaee64r}designated as ffNative gGrowth jaRrotection aAreas subject to the
requirements of s, en RMC 4-3-050.E.4 of this Seetieff, Native Growth
Protection Areas, or dedicated to a conservation organization or land trust, or
similarly preserved through a permanent protective mechanism acceptable to
the City.
SECTION IX. Subsection 4-3-0501, Streams and Lakes, of Chapter 3, Environmental
Regulations and Overlay Districts, of Title IV (Development Regulations) of the Renton
Municipal Code, is amended so the subsection title is revised as follows:
L. FISH AND WILDLIFE HABITAT CONSERVATION AREAS (FWHCAs) —
STREAMS AND LAKES:
SECTION X. Subsection 4-3-050.L.7.a, Creation of Native Growth Protection Areas
Required, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV
(Development Regulations) of the Renton Municipal Code, is amended as follows:
6
ORDINANCE NO. 5745
a. Creation of Native Growth Protection Areas Tract Required: As a
condition of any approval for any development permit issued pursuant to this
Section, the property owner shall be required to create a RNative gGrowth
pProtection aArea tract eentaining—that includes the stream/lake area and
associated buffers based upon field investigations performed pursuant to
subsection RMC 4-3-050.E.4 of thus Seet* Native Growth Protection Areas; and
SECTION XI. Subsection 4-3-050.M.9, Compensating for Wetlands Impacts, of Chapter
3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of the
Renton Municipal Code, is amended so the subsection title is revised as follows:
9. Gempensating f8F Wetlands Impaets Requirements for Compensatory
Mitigation:
SECTION XII. Subsection 4-3-050.M.9, Requirements for Compensatory Mitigation, of
Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development
Regulations) of the Renton Municipal Code, is amended to add a new subsection 4-3-050.M.9.h,
Protection,to read as follows:
h Protection: All mitigation areas whether on- or off-site shall be
designated as Native Growth Protection Areas within separate tracts and
permanently protected and managed to prevent degradation and to ensure the
protection of critical area functions and values into perpetuity. Permanent
protection shall be achieved through a Notice of Sensitive Area on the NGPA
tract or other protective covenant in accordance with RMC 4-3-050, Critical
Areas Regulations.
7
ORDINANCE N0. 5745
SECTION XIII. Subsection 4-6-030.K.3 of Chapter 6, Street and Utility Standards, of Title
IV (Development Regulations) of the Renton Municipal Code, is amended as follows:
3. Conveyance systems to be maintained and operated by the City must
be located in a drainage easement, tract, or right-of-way granted to City.
Drainage structures such as vaults or ponds, must be located within a dedicated
tract. Offsite areas that naturally drain onto the project site must be intercepted
at the natural drainage course within the project site and conveyed in a separate
conveyance system and must bypass onsite stormwater facilities. Separate
conveyance systems that intercept offsite runoff and are located on private
property must be located in a drainage easement that may be dedicated to the
City if the City deems it appropriate depending on the upstream tributary area.
SECTION XIV. Subsection 4-7-130.C.2, Native Growth Protection Easement and
Minimum Lot Size, of Chapter 7, Subdivision Regulations, of Title IV (Development Regulations)
of the Renton Municipal Code, is amended as follows:
2. Native Growth Protection Areas Easement and " nhm-•• LetSize:
Native gGrowth p.Protection aAreas easements be ineluded a„ the "
Tet-s;Ee efIets Ereated-threUgh the subdivisienided that +4,a_.,Fea
ef the let outside ef the easement ;--; Suffie-Jent te alleW fGF adequate buildable
must be within separate tracts.
SECTION XV. Section 4-7-190, Public Use and Service Area-General Requirements and
Minimum Standards, of Chapter 7, Subdivision Regulations, of Title IV (Development
Regulations) of the Renton Municipal Code, is amended as follows:
8
ORDINANCE NO. 5745
4-7-190 PUBLIC USE AND SERVICE AREA — GENERAL REQUIREMENTS AND
MINIMUM STANDARDS:
Due consideration shall be given by the subdivider to the allocation of
adequately sized areas for public service usage.
A. EASEMENTS FOR UTILITIES:
Easements may be required for the maintenance and operation of utilities as
specified by the Department.
B. UTILITIES IN TRACTS:
Utilities such a stormwater vaults ponds, or other structures, shall be
located within dedicated tracts.
&C. COMMUNITY ASSETS:
Due regard shall be shown to all natural features such as large trees,
watercourses, and similar community assets. Such natural features should be
preserved, thereby adding attractiveness and value to the property.
SECTION XVI. Subsection 4-7-200.13, Storm Damage, of Chapter 7, Subdivision
Regulations of Title IV (Development Regulations) of the Renton Municipal Code, is amended as
follows:
B. STORM DRAINAGE:
An adequate drainage system shall be provided for the proper drainage of all
surface water. Cross drains shall be provided to accommodate all natural water
flow and shall be of sufficient length to permit full-width roadway and required
slopes. The drainage system shall be designed per the requirements of RMC 4-6-
9
ORDINANCE N0. 5745
030, Drainage (Surface Water) Standards. The drainage system shall include
detention capacity for the new street areas. Residential plats shall also include
detention capacity for future development of the lots. Water quality features
shall also be designed to provide capacity for the new street paving for the plat.
Drainage vaults, ponds, etc. shall be located within dedicated tracts.
SECTION XVII. Subsection 4-7-220.C, Standards, of Chapter 7, Subdivision
Regulations, of Title IV (Development Regulations) of the Renton Municipal Code, is amended
to add a new subsection 4-7-220.C.3, Tracts, to read as shown below. The current subsections
4-7-220.C.3 through 4-7-220.C.5 shall be renumbered accordingly.
3. Tracts: Areas of the subdivision deemed to be critical areas due to
designation as protected slopes shall be located within a tract or tracts.
SECTION XVIII. The definition of "Final Plat Plan" in subsection 4-8-120.D.6,
Definitions F, of Chapter 8, Permits — General and Appeals, of Title IV (Development
Regulations) of the Renton Municipal Code, is amended to add a new subsection 4-8-120.D.6.d
to read as shown below. The current subsections 4-8-120.D.6.d through 4-8-120.D.6.m shall be
relettered accordingly.
d. Include boundaries of utility, open space, and/or critical area(s)
tracts square footage, and purpose statement of each tract.
SECTION XIX. This ordinance shall be effective upon its passage, approval, and five (5)
calendar days after publication.
10
ORDINANCE NO.5745
PASSED BY THE CITY COUNCIL this 12th day of January , 2015.
— &Y(z
Jason . Setr, Cit Clerk
APPROVED BY THE MAYOR this 12th day of an
ary , 2015.
ars
A
Denis Law, Mayor
Approved as to form: ,�;�`���r RENTO%i,�
SEAQ
Lawrence J. Warren, City Attorney
4 50
Date of Publication: 1/16/2015 (summary) TED
r�J�tt;r�ilelUatir"e``"
OR D:1858:12/15/14:scr
11