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HomeMy WebLinkAboutORD 4551Amends Ord #4404 Amended by ORO 5028 CITY OF RENTON,WASHINGTON ORDINANCE NO.4551 AN ORDINANCE OF THE CITY OF RENTON.WASHINGTON,AMENDING TITLE IV (BUILDING REGULATIONS)OF ORDINANCE NO.4260 ENTITLED 'CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON'BY ADDING CHAPTER 35 ENTITLED MASTER SITE PLAN APPROVALS'AND AMENDING CITY CODE SECTION 4-31-33.C.8 RELATING TO SITE PLAN APPROVALS. THE CITY COUNCIL OF THE CITY OF RENTON,WASHINGTON,DO ORDAIN AS FOLLOWS, SECTION 1.Subsection 4-31-33.C.8 of Title IV (Building Regulations)of Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton"is amended to read as follows: 4-31-33.C.8,Upon receipt of final departmental comments and after the close of the pUblic comment period,the Environmental Review Committee shall determine the necessity for a public hearing on the site plan for those projects that have not been reviewed as part of a master site plan pursuant to Chapter 35 of the City Code. A pUblic hearing before the Hearing Examiner shall be required for projects not reviewed pursuant to Chapter 35 if: a.the Environmental Review Committee determines that based on departmental comments or pUblic input there are significant unresolved concerns that are raised by the proposal;or b.The applicant has requested a pUblic hearing;or c.The proposed project is larger than anyone of the following: -One hundred (100)mUltiple family residential units; -One hundred thousand (100,000)square feet of gross floor area in the IL or CO Zone or other zones in the Valley Planning Areai ORDINANCE NO.4551 Twenty five thousand (25,000)square feet of gross floor area in the ee,eN,eM,CA,eE,co or P-l Zones outside the Valley Planning Area; Four (4)stories or sixty feet (60')in height; Three hundred (300)parking stalls;or Ten (10)acres in size. d.Any commercial property is adjacent to a single- family zone. e.Exception for Secondary Use:Where site plan review is required for secondary uses in the zoning districts,but would otherwise be exempt from the site plan review requirements,pUblic notice of the proposed action and public hearing shall not be required. SECTIQN II.There is hereby created Chapter 35 entitled Master Site Plan Approvals to Title IV (Building Regulations)of Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton"which reads as follows: 4-35-1,PURPOSE AND INTENT. A.Purpose.The master site plan process is to provide a site plan approval at the conceptual stage for those proj ects, series of proj ects,phased developments or developments occurring over a long period of time or which are of such a size and complexity or duration as to make independent site plan review burdensome,difficult,or inclined to lead to segmented and inconsistent conditions and approvals.The process is also to provide a plan for the physical and functional interrelationships between uses and facilities on the site,and to plan for and 2 ORDINANCE NO.4551 mitigate potential impacts that could result from large scale site and facility development.Master site plan review is particularly appropriate to include,but not be limited to,the following types of developments: 1.Development which will occur over a period of five years or more. 2.Development which consists of a number of unconnected buildings,projects or improvements on the same site, with or without a certainty of order of development. 3.Development in a number of phases when the phases are not predictable or certain of the timing of development. 4.Development of a number of buildings or projects under single ownership on geographically separated parcels within the City. 5.Governmental projects including,but not limited to, proj ects proposed by any municipal corporation established under the laws of the state of Washington,whether or not meeting any other category listed above which: a.will be developed repetitiously,periodically, or over an extended time period due to size,dispersed locations, periodic needs or uncertainty of funding,or b.have been identified in the City's Comprehensive Plan or applicable Capital Facilities Plan or have been the subject of a public hearing. B.Intent.This ordinance is to provide a system whereby a conceptual site plan can be approved without the level of detail necessary for site plan approval under City Code section 4-31-33. 3 ORDINANCE NO.4551 Once conceptual site plan approval has been obtained,individual phases,buildings or developments will be approved,conditioned or denied by administrative determination pursuant to the City's site plan review ordinance and this chapter. 4-35-2,MASTER SITE PLAN REVIEW CRITERIA. The master site plan application shall provide sufficient detail as to the scale of the proposed improvements,the quantity of the various types of spaces to be provided,the use to which the structures will be put,the bulk and general form of the improvements and such further detail as to demonstrate the physical and functional interrelationships of the proposal.Information shall be provided as to the compatibility of the proposed development with its surrounding areas and what public amenities will be provided,if any.However,the level of detail must be appropriate for the master site plan process leaving individual details to the administrative site plan process.For example,the master site planning approval should include consideration of safety and efficiency of vehicle and pedestrian access over the entire site.Applicants are encouraged to consult with staff about creating site specific development standards which would allow subsequent development pursuant to City Code to mitigate or avoid potential adverse impacts on or off site through such devices as self imposed limits as to total bulk for the types of uses,or the ratio of developed space to open space.The intent of such development standards would be to create conceptual site plans of sufficient detail so that a reviewer could determine whether potential detrimental impacts of the proj ect had been avoided or 4 ORDINANCE NO.4551 mitigated through creative site planning,building,massing and phasing. 4-35-3,CONTENTS OF APPLICATION. A.Nongovernmental site plans. Each application for master site plan review,except for those covered by City Code section 4-35-8,shall include an original plus ten (10)copies of required forms together with eleven (11)copies of all plans and supplemental information,and shall be accompanied by the appropriate fee. The applicant may wish to provide more detail than what is required by this ordinance section and may request that the master site plan approval be combined for public hearing before the Hearing Examiner with the approval of an individual phase of the master site plan that would otherwise be subject to administrative approval pursuant to City Code section 4-35-5. The application shall include,where applicable: 1.A fully dimensioned site plan of the entire site or applicable portion thereof drawn at a scale of one inch (111)equals two hundred feet (200 1 )or other scale required by the City. 2.Information on the application shall include the title,location and legal description of the proposed development, together with the names,addresses and telephone numbers of the recorded owners of the land and the applicant,and when applicable, the name,address,telephone number and seal of any architect, planner,designer or engineer responsible for the preparation of the plan and any authorized representative of the applicant. 3.A completed environmental checklist when required. 5 ORDINANCE NO.4551 4.A written description addressing the scope of the project,the nature and size of each use and a timetable for development,including phases. 5.A vicinity map,drawn at a scale of one inch equals two hundred feet (I"=200 1 ),showing site boundaries and existing roads and accesses within the boundary of the site and where not contained in the dimensioned site plan described above. 6 _SUbject property (all property lines dimensioned) and abutting streets existing and proposed. 7.Location of the sUbject site with regards to the nearest street intersections,including intersections opposite the subject property. 8.Approximate location of building footprints and size of proposed structures with an approximate gross floor area,number of stories and other indices of size and bulk. 9.A generalized circulation plan illustrating proposed vehicular access points for the site as well as major vehicular and pedestrian/bicycle pathways,parking areas and the like. 10.A generalized grading plan for those portions of the site where substantial grading is proposed or necessary for the project and a rough grading plan for the residual portions of that site upon which grading will occur. 11.Generalized utilities plans,drainage and stormwater runoff provisions and generalized wetland plans. 12.Generalized or proposed topographical features and contours at intervals not greater than five feet (51)in existing streams,lakes,marshes and other natural features. 6 ORDINANCE NO.4551 13.A description of the phasing,proposed number of structures and anticipated number of square feet of developed and occupied space. 14.Proposed types of uses to be housed in proposed structures. 15.For larger phased proj ects submittal of the following information may suffice,pending subsequent site plan review proposed schedule for site development including number of phases,their approximate duration,the type and quantity of development per phase,how each phase relates to the other phases and ensures general compliance with City Code,site development standards including ratio of developed space to open space, percentage of usable open space to be provided,proposed development envelopes (height and coverage)and ratio of uses,if a mixed use development. The Hearing Examiner may refuse to approve any master site plan application if the Examiner feels there is inadequate detail upon which to render such an approval under this ordinance. B.Governmental Site Plans. 1.Large-Scale or Campus Plans. In addition to the contents of the application required for nongovernmental site plans,the application for governmental site plans shall include five copies of any existing Capital Facilities Plan. 2.Numerous Geographically Separated Parcels. Reserved. 7 ORDINANCE NO.4551 4-35-4,HEARING AND APPEAL. A.Hearing.A hearing to consider a master site plan application,except for master site plans covered by section 4-35- a,will be held before the Hearing Examiner following publication of notice in the same manner as for a site plan approval.The Examiner will have the same authority for approval,denial and modification as granted to him under City Code section 4-31-33.E, except that the modifications may only relate to the master plan itself and the Examiner's approval should not require site specific details such as landscaping,buffering,location of walkways,etc. except to establish general project criteria as set forth in City Code sections 4-31-33.0.1 and 0.2.The Examiner may determine that it is appropriate to issue a master site plan approval,approve certain elements of the master site plan application,or conditionally approve and/or defer other elements or issues for administrative site plan review.For example,the Examiner could approve the setbacks and approximate square footage of a building and defer the approval of the exact location to the administrative site plan review stage. B.Appeals.The final decision of the Hearing Examiner on a master site plan application will be appealable to the City Council within fourteen (14)days of the Examiner's decision,pursuant to City Code section 4-8-16 of this title. 4-35-5,ADMINISTRATIVE APPROVAL OF INDIVIDUAL PHASES, Once a master site plan has been approved pursuant to City Code sections 4-35-4 or 4-35-8 and is still in effect,any individual phase,structure or improvement will be subject to 8 ORDINANCE NO.4551 individual site plan approval pursuant to City Code section 4-31- 33,except that the review and approval will be administrative in nature and will not require a Hearing Examiner hearing. As part of the administrative consideration of approval of individual phases of a master site plan,there shall be public notification of such application announcing that the application has been received and that the administration is accepting public comment for a period of thirty days.The pUblic notice shall be posted and published in the same manner as would be a Hearing Examiner's notification of pUblic hearing to consider a site plan approval. The administrative review shall be based upon an application conforming with the requirements and judged upon the criteria of City Code section 4-31-33.Approval of the master site plan may have satisfied portions of City Code section 4-31-33 and the department administrator or his or her designee has discretion to waive those portions of the requirements of City Code section 4-31- 33 that have been-satisfied by the master site plan approval. Whenever the department administrator or his or her designee has discretion to note those portions of the requirements of City Code section 4-31-33 as having been satisfied by the master site plan approval,such sections of the Code shall be detailed and that portion of the approved master site plan wherein the requirements were satisfied shall be cited by the department administrator or his or her designee in the approval of the individual phase or phases and waive further consideration of them.There may be three types of administrative site plan approval:(1)an approval that 9 ORDINANCE NO.4551 the application for individual site plan approval is consistent with the master site plan approval;(2)an approval following a minor modification of the site plan approval pursuant to City Code section 4-35-6;and (3)an approval following major modification to the master site plan approval pursuant to City Code section 4-35-6. Any decision on an administrative site plan approval shall be appealable as an administrative decision pursuant to City Code section 4-8-11. 4-35-6,MODIFICATIONS. Major modification to an approved master site plan will require a hearing before the Hearing Examiner and an amended application pursuant to this chapter.Major modifications involve a substantial change in the concept I intensity,density,use or phasing of the approved master site plan.Minor modifications will be permitted by administrative determination.A minor modification shall be a modification that: a.involves no more than a ten percent (10%)increase in square footage of the overall floor area over that proposed in the master site plan; b.will not have a significantly greater impact on the environment and facilities than the approved plan; c.does not change the boundaries of the originally approved plan; d.or,alternatively,complies with the special development standards established under the Zoning Code such as the P-Suffix development standards for pUblic facilities. 10 ORDINANCE NO.4551 Since the master site planning approval is a conceptual process without a great deal of detail,substantial flexibility and discretion is granted to allow modifications under this section. In determining whether a maj or or minor modification has been proposed,the department administrator or his or her designee will consider if the basic design plan,overall project,intensity and density are not changed. 4 - 35 -7 ,TIME LIMITATIONS FOR OTHER THAN GOVERNMENTAL SITE PLANS. The master site plan approval granted under City Code section 4-35-4 shall be valid for time established within that approval. Normally,master site plan approval shall be for a period of six to ten years.However,for projects of over one hundred acres,upon a showing of need,the Hearing Examiner can grant an approval that will be valid for up to twenty (20)years.The Hearing Examiner shall establish a duration for the validity of the master site planning approval based upon such factors as size,complexity, capital requirements,market necessities and other factors,but should be flexible in establishing the duration of the approval. Whenever a master site plan approval is granted for more than ten (10)years,there shall be a review hearing of the approval at the end of ten (10)years.At that time the Hearing Examiner shall conduct a public hearing to review the concepts and scope of the project,the development pattern in the general area,changes in laws,and whether or not the project phases are being developed in the manner and timing as originally proposed in order to determine that the approval should remain in effect.The approval shall 11 ORDINANCE NO.4551 remain in effect unless the Examiner determines upon clear,cogent, and convincing evidence that there has been a substantial change in circumstances,whether legal or factual,such that the project would not receive approval if considered initially at the time of the review hearing and would not be in the public interest,in which case the master site plan approval shall lapse and the project will no longer be considered vested under this ordinance. Such a determination by the Hearing Examiner would be appealable to the City Council as a decision under section 4-35-4.B. Whenever master site plan approval has been given and the approval involves more than a single phase,then a time limitation shall be established for conunencement of the first phase of the project.SUbject to extensions of time as permitted in this ordinance,failure to conunence construction of any individual phase within the time limits permitted,shall result in loss of master site plan approval. A single two (2)year extension of any individual phase of the master site plan approval may be given,which two year extension of an individual phase shall likewise extend the master site plan approval for two years,and the master site plan approval as a whole shall receive no more than a five year extension without prior Hearing Examiner approval with respect to any individual phase,but the project as a whole shall receive no more than a five year extension without prior Hearing Examiner approval.Such extension may be given by the Hearing Examiner following pUblic notification of the application for extension,but no pUblic hearing shall be required for such extension unless the City,the 12 ORDINANCE NO.4551 applicant or some party showing the likelihood of actual monetary or environmental damage requests such a public hearing. 4-35-8,GOVERNMENTAL SITE PLAN APPROVALS. Governmental units including,but not limited to,any municipal corporation established under the laws of the state of Washington which are required to plan under the Growth Management Act or otherwise,and are required to or have developed a Capital Facilities Plan and Funding Plan,may obtain a governmental master site plan approval.The application for the governmental site plan approval shall consist of the Capital Facilities Plan and,if appropriate,a financing plan,together with that information required under City Code section 4-35-3.B.The governmental master site plan approval for City of Renton projects shall be valid for six (6)years or the period covered by the Capital Facilities Plan, whichever is shorter.The governmental master site plan may be approved following public hearing by the City Council if such hearing occurs in conjunction with Council consideration of the Capital Facilities Plan required pursuant to Chapter 36.70A.RCW, and by the Hearing Examiner for other governmental master site plan approvals.Any governmental master site plan approval may be extended following any change to the Capital Facilities Plan, financing,phasing or duration of the plan if it is determined by the administration that such change is not a major modification to the governmental master site plan approval. 4-35-9,RECOGNITION OF EXISTING MASTER PLANS. Where there exists plans of a nature essentially equivalent to a master plan,which have undergone City scrutiny and have complied 13 ORDINANCE NO.4551 with SEPA,and which meet the general provisions of this ordinance and have undergone a pUblic hearing with proper notification,then the City may process a request to certify that existing plan as an existing master plan for the number of years remaining on the previously approved plan,just as if it had complied fully with this ordinance. 4-35-10,VESTING. The rights of an applicant under the Comprehensive Plan and Zoning Code to construct all elements I phases and improvements shown or described in a master site plan,if approved,or approved with conditions,shall vest upon master site plan approval.At the time of building permit application,or administrative site plan approval,the improvements shall be designed and approved pursuant to the then existing codes such as the applicable Building Code, Fire Code,Plumbing Code and other developmental codes. 4-35-11,APPEALS OP ADMINISTRATIVE SITE PLAN APPROVALS. Any decision on an administrative site plan approval shall be appealed as an administrative decision pursuant to City Code section 4-8-11.Any appellant must be seeking to protect an interest that is arguably within the zone of interest to be protected or regulated by this ordinance,must allege an injury in fact,and that injury must be real and present rather than speculative. SECTION III.This ordinance shall be effective upon its passage,approval,and thirty days after publication. [4 ORDINANCE NO.4551 PASSED BY THE CITY COUNCIL this 18th day of September,1995. APPROVED BY THE MAYOR this 18th day of September City Clerk ,1995. Approved,~to legal form: ~J~- ORD.366f-7/13/95-as. 15 CITY OF RENTON,WASHINGTON SUMMARY OF ORDINANCE NO.4551 AN ORDINANCE OF THE CITY OF RENTON,WASHINGTON,AMENDING TITLE IV (BUILDING REGULATIONS)OF ORDINANCE NO.4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON"BY ADDING CHAPTER 3S ENTITLED MASTER SITE PLAN APPROVALS"AND AMENDING CITY CODE SECTION 4 -31-33 •C.8 RELATING TO SITE PLAN APPROVALS. This ordinance addresses the following matters. Section I amends the site plan review process to conform it to the master site plan approval process.Section II adopts a master site plan process to provide a site plan approval at the conceptual stage for those projects occurring over a long period of time and which are of such size,complexity or duration as to make independent site plan review burdensome,difficult or inclined to lead to segmented and inconsistent conditions and approvals. The ordinance defines the types of projects to which it applies,the review cri ceria,details the contents of the application,establishes a pUblic hearing before the Hearing Examiner and provides for appeals.The ordinance allows for administrative approval of individual phases of the site plan that have received master site plan approval,provides a method for modifications and provides time limits for other than governmental site plans.The ordinance provides for governmental site plan approvals as part of a Capital Facilities Plan.The ordinance provides for recognition of existing master plans and defines the vesting of rights of the applicant upon approval of the master site plan approval.The ordinance also provides for appeals of administrative site plan approvals. 1 ORDINANCE NO.4551 A full text of this ordinance will be mailed,without charge, upon request to the City Clerk. Date of Publication:9/22/95 ORD.509-7/13/95-as. 2