Section 4-9-150

Section 4-9-150 is subject to an Administrative Code Interpretation: CI-128
Sections 4-9-150G and 4-9-150K are subject to an Administrative Code Interpretation: CI-135
Section 4-9-150J is subject to an Administrative Code Interpretation: CI-136

4-9-150 PLANNED URBAN DEVELOPMENT REGULATIONS:

A. PURPOSES:

There are two (2) principal purposes of the planned urban development regulations. First, it is the purpose of these regulations to preserve and protect natural features of the land. Second, it is also the purpose of these regulations to encourage innovation and creativity in the development of residential, business, manufacturing, or mixed use developments by permitting a variety in the type, design, and arrangement of structures and improvements.

In order to accomplish these purposes, this Section is established to permit development which is not limited by the strict application of the City’s zoning, parking, street, and subdivision regulations when it is demonstrated that such new development will be superior to traditional development under standard regulations. 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 urban developments proposed under this Section. (Ord. 5153, 9-26-2005)

B. APPLICABILITY:

Any applicant seeking to permit development which is not limited by the strict application of the City’s zoning, parking, street, and subdivision regulations in a comprehensive manner shall be subject to this Section. Any amendment to existing planned urban developments shall be subject to this Chapter.

1. Zones: Planned urban developments may be permitted in all zoning districts, when processed and approved as provided in this Section. (Ord. 5571, 11-15-2010)

2. Code Provisions That May Be Modified:

a. In approving a planned urban development, the City may modify any of the standards of chapter 4-2 RMC, RMC 4-3-100, chapter 4-4 RMC, RMC 4-6-060 and chapter 4-7 RMC, except as listed in subsection B3 of this Section. All modifications shall be considered simultaneously as part of the planned urban development.

b. An applicant may request additional modifications from the requirements of this Title, except those listed in subsection B3 of this Section. All modifications shall be considered simultaneously as part of the planned urban development. (Ord. 5571, 11-15-2010; Ord. 5749, 1-12-2015)

3. Code Provisions Restricted from Modification:

a. Permitted Uses: A planned urban development may not authorize uses that are inconsistent with those uses allowed by the underlying zone, or overlay district, or other location restriction in RMC Title 4, including, but not limited to: RMC 4-2-010 to 4-2-080, 4-3-010 to 4-3-040, 4-3-090, 4-3-095, and 4-4-010;

b. Density/Permitted Number of Dwelling Units: The number of dwelling units shall not exceed the density allowances of the applicable base or overlay zone or bonus criteria in chapter 4-2 or 4-9 RMC; however, averaging density across a site with multiple zoning classifications may be allowed if approved by the Community and Economic Development Administrator; (Ord. 5675, 12-3-2012)

c. Planned Urban Development Regulations: The City may not modify any of the provisions of this Section, Planned Urban Development Regulations, unless explicitly permitted as specified below;

d. Procedures: The City may not modify any of the procedural provisions of RMC Title 4, including, but not limited to, fees, submittal requirements, and other similar provisions found in chapters 4-1, 4-7, 4-8 and 4-9 RMC; and

e. Specific Limitations: The City may not modify any provision of RMC 4-3-050, Critical Areas Regulations, 4-3-090, Shoreline Master Program Regulations, 4-4-130, Tree Cutting and Land Clearing, 4-4-060, Grading, Excavation and Mining Regulations, chapter 4-5 RMC, or RMC 4-6-010 to 4-6-050 and 4-6-070 through 4-6-110 related to utilities and concurrency, except that provisions may be altered for these codes by alternates, modification, conditional use, or variance as specifically allowed in the referenced Chapter or Section. Such alternates, modification, conditional use, or variance applications may be merged with the consideration of a planned urban development per RMC 4-9-150H. (Ord. 4351, 5-4-1992; Amd. Ord. 5153, 9-26-2005; Ord. 5841, 6-12-2017)

C. ROLES AND RESPONSIBILITY:

1. The Department of Community and Economic Development (CED): CED shall be responsible for the general administration and coordination of this Section. However, all proposed Code modifications shall be reviewed at the same time by the Hearing Examiner.

2. City Departments: Applicable City departments shall review each proposed planned urban development in accordance with procedures in chapter 4-8 RMC and this Chapter as appropriate.

3. Hearing Examiner: The Hearing Examiner shall be the official City designee for the public hearings, or review of requested Code modifications, as well as the overall proposal itself. (Ord. 4039, 1-19-1987; Amd. Ord. 5153, 9-26-2005; Ord. 5519, 12-14-2009)

D. DECISION CRITERIA:

The City may approve a planned urban development only if it finds that the following requirements are met.

1. Demonstration of Compliance and Superiority Required: Applicants must demonstrate that a proposed development is in compliance with the purposes of this Section and with the Comprehensive Plan, that the proposed development will be superior to that which would result without a planned urban development, and that the development will not be unduly detrimental to surrounding properties.

2. Public Benefit Required: In addition, applicants shall demonstrate that a proposed development will provide specifically identified benefits that clearly outweigh any adverse impacts or undesirable effects of the proposed planned urban development, particularly those adverse and undesirable impacts to surrounding properties, and that the proposed development will provide one or more of the following benefits than would result from the development of the subject site without the proposed planned urban development:

a. Critical Areas: Protects critical areas that would not be protected otherwise to the same degree as without a planned urban development; or

b. Natural Features: Preserves, enhances, or rehabilitates natural features of the subject property, such as significant woodlands, native vegetation, topography, or noncritical area wildlife habitats, not otherwise required by other City regulations; or

c. Public Facilities: Provides public facilities that could not be required by the City for development of the subject property without a planned urban development; or

d. Use of Sustainable Development Techniques: Design which results in a sustainable development; such as LEED certification, energy efficiency, use of alternative energy resources, low impact development techniques beyond that required by the Surface Water Design Manual, etc.; or

e. Overall Design: Provides a planned urban development design that is superior to the design that would result from development of the subject property without a planned urban development. A superior design may include the following:

i. Open Space/Recreation:

(a) Provides increased open space or recreational facilities beyond standard code requirements and considered equivalent to features that would offset park mitigation fees in Resolution 3082; and

(b) Provides a quality environment through either passive or active recreation facilities and attractive common areas, including accessibility to buildings from parking areas and public walkways; or

ii. Circulation/Screening: Provides superior circulation patterns or location or screening of parking facilities; or

iii. Landscaping/Screening: Provides superior landscaping, buffering, or screening in or around the proposed planned urban development; provided, common open space containing natural features may be left unimproved; or (Ord. 5917, 12-10-2018)

iv. Site and Building Design: Provides superior architectural design, placement, relationship or orientation of structures, or use of solar energy; or

v. Alleys: Provides alleys for proposed detached or attached units with individual, private ground related entries. (Ord. 5520, 12-14-2009; Ord. 5571, 11-15-2010; Ord. 5828, 12-12-2016)

3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for consistency with all of the following criteria:

a. Building and Site Design:

i. Perimeter: Size, scale, mass, character and architectural design along the planned urban development perimeter provide a suitable transition to adjacent or abutting lower density/intensity zones. Materials shall reduce the potential for light and glare.

ii. Interior Design: Promotes a coordinated 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; e.g., single family, townhouses, flats, etc. (Ord. 5520, 12-14-2009)

b. Circulation:

i. Provides sufficient streets and pedestrian facilities. The planned urban development shall have sufficient pedestrian and vehicle access commensurate with the location, size and density of the proposed development. All public and private streets shall accommodate emergency vehicle access and the traffic demand created by the development as documented in a traffic and circulation report approved by the City. Vehicle access shall not be unduly detrimental to adjacent areas.

ii. Promotes safety through sufficient sight distance, separation of vehicles from pedestrians, limited driveways on busy streets, avoidance of difficult turning patterns, and minimization of steep gradients.

iii. Provision of a system of walkways which tie residential areas to recreational areas, transit, public walkways, schools, and commercial activities.

iv. Provides safe, efficient access for emergency vehicles.

c. Infrastructure and Services: Provides utility services, emergency services, and other improvements, existing and proposed, which are sufficient to serve the development.

d. Clusters or Building Groups and Open Space: An appearance of openness created by clustering, separation of building groups, and through the use of well-designed open space and landscaping, or a reduction in amount of impervious surfaces not otherwise required.

e. Privacy and Building Separation: Provides internal privacy between dwelling units, and external privacy for adjacent and abutting dwelling units. Each residential or mixed use development shall provide visual and acoustical 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, the privacy of site occupants and surrounding properties, and for screening of storage, mechanical or other appropriate areas, and for the reduction of noise. Windows are placed at such a height or location or screened to provide sufficient privacy. Sufficient light and air are provided to each dwelling unit. (Ord. 5676, 12-3-2012)

f. Building Orientation: Provides buildings oriented to enhance views from within the site by taking advantage of topography, building location and style.

g. Parking Area Design: Provides parking areas that are complemented by landscaping and not designed in long rows. The size of parking areas is minimized in comparison to typical designs, and each area related to the group of buildings served. The design provides for efficient use of parking, and shared parking facilities where appropriate. (Ord. 5571, 11-15-2010)

h. Phasing: Each phase of the proposed development contains the required parking spaces, open space, recreation spaces, landscaping and utilities necessary for creating and sustaining a desirable and stable environment, so that each phase, together with previous phases, can stand alone.

4. Compliance with Development Standards: Each planned urban development shall demonstrate compliance with the development standards contained in subsection E of this Section, the underlying zone, and any overlay districts; unless a modification for a specific development standard has been requested pursuant to subsection B2 of this Section. (Ord. 5153, 9-26-2005; Ord. 5571, 11-15-2010)

E. DEVELOPMENT STANDARDS:

1. Common Open Space Standard: Open space shall be concentrated in large usable areas and may be designed to provide either active or passive recreation. Requirements for residential, mixed use, commercial, and industrial developments are described below.

a. Residential: For residential developments open space must equal at least ten percent (10%) of the development site’s gross land area.

i. Open space may include, but is not limited to, the following:

(a) A trail that allows opportunity for passive recreation within a critical area buffer (only the square footage of the trail shall be included in the open space area calculation), or

(b) A sidewalk and its associated landscape strip, when abutting the edge of a critical area buffer and when a part of a new public or private road, or

ii. Additionally, a minimum area equal to fifty (50) square feet per unit of common space or recreation area shall be provided in a concentrated space as illustrated in Figure 1.

iii. Stormwater facilities may be incorporated with the open space, common space or recreation area on a case-by-case basis if the Hearing Examiner finds:

(a) The stormwater facility utilizes the techniques and landscape requirements set forth in The Integrated Pond, King County Water and Land Resources Division, or an equivalent manual, or

(b) The surface water feature serves areas outside of the planned urban development and is appropriate in size and creates a benefit.

Site Area: 1.5 acres

Typical Lot Size: 4,500 sq. ft.

Total Number of Lots: 12

Site Area: 1.5 acres

Typical Lot Size: 3,500 sq. ft.

Total Number of Lots: 12

Open Space: 7,134 sq. ft.

Standard Subdivision

Example Planned Urban Development Approach

Figure 1. Common Open Space Example

(Ord. 5571, 11-15-2010; Ord. 5676, 12-3-2012)

b. Mixed Use – Residential Portions: Subsections E1bi to v of this Section specify common open space standards for the residential portions of mixed use developments.

i. Mixed use residential and attached housing developments of ten (10) or more dwelling units shall provide a minimum area of common space or recreation area equal to fifty (50) square feet per unit. The common space area shall be aggregated to provide usable area(s) for residents. The location, layout, and proposed type of common space or recreation area shall be subject to approval by the Hearing Examiner. The required common open space shall be satisfied with one or more of the elements listed below. The Hearing Examiner may require more than one of the following elements for developments having more than one hundred (100) units.

(a) Courtyards, plazas, or multipurpose open spaces;

(b) Upper level common decks, patios, terraces, or roof gardens. Such spaces above the street level must feature views or amenities that are unique to the site and provided as an asset to the development;

(d) Recreation facilities including, but not limited to: tennis/sports courts, swimming pools, exercise areas, game rooms, or other similar facilities; or

(e) Children’s play spaces. (Ord. 5676, 12-3-2012)

ii. Required landscaping, driveways, parking, or other vehicular use areas shall not be counted toward the common space requirement or be located in dedicated outdoor recreation or common use areas.

iii. Required yard setback areas shall not count toward outdoor recreation and common space unless such areas are developed as private or semi-private (from abutting or adjacent properties) courtyards, plazas or passive use areas containing landscaping and fencing sufficient to create a fully usable area accessible to all residents of the development.

iv. Private decks, balconies, and private ground floor open space shall not count toward the common space/recreation area requirement.

Figure 2. A visible and accessible residential common area containing landscaping and other amenities.

v. Other required landscaping, and sensitive area buffers without common access links, such as pedestrian trails, shall not be included toward the required recreation and common space requirement.

c. Mixed Use Nonresidential Portions, or Commercial, or Industrial Uses: The following subsections specify common open space requirements applicable to nonresidential portions of mixed use developments or to single use commercial or industrial developments:

i. All buildings and developments with over thirty thousand (30,000) square feet of nonresidential uses (excludes parking garage floorplate areas) shall provide pedestrian-oriented space according to the following formula:

1% of the lot area + 1% of the building area = Minimum amount of pedestrian-oriented space

Figure 3. Examples of pedestrian-oriented space associated with a large scale retail building.

ii. To qualify as pedestrian-oriented space, the following must be included:

(a) Visual and pedestrian access (including barrier-free access) to the abutting structures from the public right-of-way or a courtyard not subject to vehicular traffic,

(b) Paved walking surfaces of either concrete or approved unit paving,

(d) At least three (3) feet of seating area (bench, ledge, etc.) or one individual seat per sixty (60) square feet of plaza area or open space.

iii. The following features are encouraged in pedestrian-oriented space and may be required by the Hearing Examiner.

(a) Pedestrian-oriented uses at the building facade facing the pedestrian-oriented space.

(b) Spaces should be positioned in areas with significant pedestrian traffic to provide interest and security – such as adjacent to a building entry.

(d) Public seating that is durable or easily replaceable, maintainable, and accessible. (Ord. 5676, 12-3-2012)

Figure 4. Pedestrian-oriented spaces, visible from the street, including ample seating areas, movable furniture, special paving, landscaping components, and adjacent pedestrian-oriented uses.

iv. The following are prohibited within pedestrian-oriented space:

(a) Adjacent unscreened parking lots,

(b) Adjacent chain link fences,

(d) Adjacent dumpsters or service areas, and

(e) Outdoor storage (shopping carts, potting soil bags, firewood, etc.) that do not contribute to the pedestrian environment.

d. Open Space Orientation: The location of public open space shall be considered in relation to building orientation, sun and light exposure, and local micro-climatic conditions.

e. Common Open Space Guidelines: Common space areas in mixed use residential and attached residential projects should be centrally located so they are near a majority of dwelling units, accessible and usable to residents, and visible from surrounding units.

i. Common space areas should be located to take advantage of surrounding features such as building entrances, significant landscaping, unique topography or architecture, and solar exposure.

ii. In mixed use residential and attached residential projects children’s play space should be centrally located, visible from the dwellings, and away from hazardous areas like garbage dumpsters, drainage facilities, streets, and parking areas.

2. Private Open Space: Each residential unit in a planned urban development 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 contiguous to the unit. The private open space shall be well demarcated and at least fifteen feet (15') in every dimension (decks on upper floors can substitute for the required private open space). For dwelling units that are exclusively upper story units, there shall be deck areas totaling at least sixty (60) square feet in size with no dimension less than five feet (5'). For dwelling units located above the sixth story, private open space may be provided by a shallow balcony accessed by a door with at least fifty percent (50%) glazing; any required private open space not provided by the balcony shall be added to the required common open space, pursuant to subsection E1 of this Section. The minimum dimensional standards of this Section may be modified through the planned urban development review process; provided, that the minimum area requirement is maintained. (Ord. 5571, 11-15-2010; Ord. 5759, 6-22-2015; Ord. 5841, 6-12-2017)

3. Installation and Maintenance of Common Open Space:

a. Installation: All common area and open space shall be landscaped within one year of the date of final approval of the planned urban development, and in accordance with RMC 4-4-070, Landscaping; provided, that the landscaping plan submitted by the applicant and approved by the City shall govern in the event of any conflict between RMC 4-4-070 and the approved landscaping plan.

b. Maintenance: Landscaping shall be maintained pursuant to requirements of RMC 4-4-070, Landscaping. (Ord. 5841, 6-12-2017; Ord. 5917, 12-10-2018)

4. Installation and Maintenance of Common Facilities:

a. Installation: Prior to the issuance of any occupancy permits, all common facilities, including but not limited to utilities, storm drainage, streets, recreation facilities, etc., shall be completed by the developer or, if deferred by the Administrator, assured through a security device to the City equal to the provisions of RMC 4-9-060, except for such common facilities that are intended to serve only future phases of a planned urban development. Any common facilities that are intended to serve both the present and future phases of a planned urban development shall be installed or secured with a security instrument as specified above before occupancy of the earliest phase that will be served. At the time of such security and deferral, the City shall determine what portion of the costs of improvements is attributable to each phase of a planned urban development. (Ord. 5676, 12-3-2012)

b. Maintenance: All common facilities not dedicated to the City shall be permanently maintained by the planned urban development owner, if there is only one owner, or 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 provide 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. (Ord. 5153, 9-26-2005)

F. PROCEDURE FOR PRELIMINARY APPROVAL OF PLANNED URBAN DEVELOPMENTS:

The approval of a planned urban development shall be by the Hearing Examiner, upon recommendation from the City Staff, and shall be processed in accordance with the following procedures:

1. Permit Process: Planned urban developments shall be processed consistent with chapter 4-8 RMC as Type II or III permits as specified.

2. Filing of Application: The application for preliminary approval of a planned urban development shall be filed with the Department of Community and Economic Development accompanied by a filing fee as estalished by the City of Renton Fee Schedule (“Fee Schedule”). Wherever a planned urban development is intended to be subdivided into smaller parcels, an application for preliminary plat approval may be submitted together with the application for final planned urban development approval. In such case, the preliminary plat and the final planned urban development shall be processed and reviewed concurrently. Subsequent to final planned urban development approval, a planned urban development may also be subdivided by the binding site plan process.

3. Informal Review: Applicant must submit a conceptual plan for preapplication review, prior to submission of an application for preliminary approval.

4. Submittal Requirements and Application Fees: A preliminary development plan shall be submitted to the Department of Community and Economic Development 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 Department of Community and Economic Development shall require. Submittal requirements and fees shall be as listed in RMC 4-8-120C, Land Use Applications, and the Fee Schedule.

5. Public Notice and Comment Period: See RMC 4-8-090, Public Notice Requirements.

6. Phasing: Planned urban developments may be proposed to be developed in one or more phases. If developed in phases, each phase of the planned urban development 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 Section. Further, each phase must meet the requirements of subsection D2 of this Section, Public Benefit Required, unless the public benefits have been met by previously approved phases.

7. Review Process: The preliminary plan shall be circulated to all reviewing departments for comments. The Department of Community and Economic Development shall evaluate whether 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.

8. Decision:

a. Preliminary Planned Urban Development – New Development: After public hearing, the Hearing Examiner shall approve, approve with conditions, or deny the preliminary plan. The preliminary plan shall contain an accurate description of the boundaries, land uses and number of units of the planned urban development, and any phases thereof, as well as the effective date of approval and the date of expiration of such approval.

b. Preliminary Planned Urban Development – Existing Development with Binding Site Plan: After public hearing, the Hearing Examiner shall approve, approve with conditions, or deny the preliminary plan. The preliminary plan shall contain an accurate description of the boundaries, land uses and number of units of the planned urban development, and any phases thereof, as well as the effective date of approval and the date of expiration of such approval, on its face prior to recording with King County.

9. 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 planned urban development or phase(s) thereof. Preliminary plan approval does not authorize any building permits or any site work without appropriate permits. An approved preliminary plan binds the future planned urban development 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 in writing or expires subject to the provisions of subsections G and K of this Section.

10. Zoning Map Revised:

a. New Planned Urban Development Approval: Upon approval of a preliminary planned urban development, the City shall place the planned urban development land use file number as an overlay on the subject property on the City of Renton’s COR Maps, the City’s online interactive mapping application available through the City’s website. (Ord. 5571, 11-15-2010)

b. Demonstration Ordinances: Ordinances 4468 and 4550, which created demonstration developments known as Village on Union and certain divisions of the Orchards, are hereby considered final planned urban developments for the purposes of code implementation. (Ord. 5153, 9-26-2005; Ord. 5519, 12-14-2009; Ord. 5984, 10-26-2020)

G. FINAL PLAN REVIEW PROCEDURES:

1. Time Limits:

a. Preliminary Approval of Planned Urban Development Not Associated with a Subdivision: The applicant shall, within two (2) years of the effective date of action by the Hearing Examiner to approve the preliminary plan, submit to the Department of Community and Economic Development a final plan showing the ultimate design and specific details of the proposed planned urban development or the final phase or phases thereof. Following approval of the final plan, and within the two (2) year effective date of the approved preliminary plan, the applicant shall submit complete building permit applications.

Upon application, the Hearing Examiner may grant an extension of the approved preliminary plan for a maximum of two (2) years. 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 planned urban development.

b. Preliminary Approval of a Planned Urban Development with Concurrent Preliminary Subdivision: The applicant shall submit the final plan within five (5) years of the effective date of action by the Hearing Examiner to approve the preliminary plan. If approval of the preliminary subdivision is legally extended, the preliminary plan approval shall also be extended.

c. Expiration of Preliminary Approval: If a final plan is not filed within the identified time limits or within the extended time period, if any, the planned urban development preliminary plan shall be deemed to have expired or been abandoned. Once a planned urban development preliminary plat has been deemed to have expired or been abandoned, a new application is required to proceed, and the development standards existing at the time of the new application shall apply.

d. Remaining Preliminary Phases with Completion of One Phase: 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 action on the final plan. (Ord. 5519, 12-14-2009; Ord. 5571, 11-15-2010; Ord. 5676, 12-3-2012)

2. Submittal Requirements and Fees for Final Plan Application: A final plan application shall be submitted for a planned urban development, or a phase thereof, to the Department of Community and Economic Development. The proposed final plan shall be in substantial conformance with the approved preliminary plans, including phasing, subject to the provisions of subsections G4 and G5 of this Section. Submittal requirements shall be as listed in RMC 4-8-120C, Land Use Applications. Application fees shall be as listed in RMC 4-1-170, Land Use Review Fees. (Ord. 5519, 12-14-2009)

3. Public Notice: Public notice shall be provided in the manner prescribed for preliminary plans.

4. Minor Modifications: 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 planned urban development; 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 ten percent (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.

5. Major Modifications: Major modifications are those which substantially change the basic design, density, circulation, or open space requirements of the planned urban development. Major modifications to a preliminary plan planned urban development shall be processed as a new preliminary plan.

6. Review and Approval of Final Plan: The final plan shall be reviewed by the applicable City departments, 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 Section. The Community and Economic Development Administrator 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 planned urban development, 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 planned urban development. (Ord. 5676, 12-3-2012)

a. Covenants Required:

i. Covenants Generally: As a condition of final planned urban development 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 planned urban development, and including the file number thereof and a description of the uses, densities and phases of the approved planned urban development. Such covenant shall also be recorded for each property created through any subsequent subdivisions.

ii. Specifications of Variations: All final planned urban developments shall include specifications that are recorded with the planned urban development indicating which lots or structures vary from which specific zoning requirement. Covenants shall indicate that such lots or structures shall meet the standard created with the approval of the planned urban development or the current zone in effect at the time of subsequent land use, building or construction permits.

b. Property Owners’ Association Required: For residential planned urban developments, the developer or owner(s) of a planned urban development shall be required to form a legally incorporated property owners’ association prior to the occupancy of any portion of a planned urban development. If there is only one owner of the planned urban development, 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. For nonresidential planned urban developments, the City may establish covenants as necessary to ensure maintenance of infrastructure and open space or other common improvements. (Ord. 5519, 12-14-2009; Ord. 5676, 12-3-2012)

7. Effect of an Approved Final Plan:

a. Standards Superimposed: The final approval of a planned urban development, under the procedures detailed in this Section, shall superimpose the requirements of that specific approved planned urban development on the underlying zone regulations as an exception thereto, to the extent that the requirements of the planned urban development modify or supersede the regulations of the underlying zone. Final plan approval shall be binding upon property or the respective phase(s) with regards to density, intensity, open space, uses, and other standards until such time as a new final planned urban development is approved or the final plan expires or is abandoned subject to subsection K of this Section.

b. Construction Authorized: Approval of a final planned urban development is authorization to apply for building permits to construct the planned urban development. Construction of any portion of the planned urban development requires a current approved planned urban development and a current building permit. (Ord. 5153, 9-26-2005; Ord. 5917, 12-10-2018)

H. MERGER OF APPLICATIONS OR REVIEW STAGES:

1. Merger of Review Stages: 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.

2. Merger with Other Applications: A preliminary planned urban development may be considered simultaneously with any other land use permit required for a proposal, including but not limited to: preliminary plats, short plats, binding site plans, critical area modifications or variances, shoreline substantial developments permits, shoreline variances, shoreline conditional use permits, grading regulation modifications or variances, or other applications. Where merged, the review criteria for all of the applications shall be considered simultaneously with the planned urban development criteria in subsection C of this Section. Where there are conflicts with review criteria, the criteria of subsection C of this Section shall govern. Where merged, all permits shall be considered simultaneously as part of the planned urban development. The review authority shall be determined consistent with RMC 4-8-080C2, Review Authority for Multiple Permit Applications. (Ord. 5153, 9-26-2005)

I. APPEALS OF COMMUNITY AND ECONOMIC DEVELOPMENT ADMINISTRATOR’S DECISION ON A FINAL PLANNED URBAN DEVELOPMENT:

The Community and Economic Development Administrator’s decision on a final planned urban development may be appealed to the Hearing Examiner pursuant to RMC 4-8-110. If the Hearing Examiner acts on appeal to approve a final planned urban development, the decision will include an effective date of approval consistent with subsections G and K of this Section. (Ord. 5153, 9-26-2005; Ord. 5519, 12-14-2009; Ord. 5676, 12-3-2012)

J. BUILDING AND OCCUPANCY PERMITS:

1. Conformance with Final Plan Required: Building permits shall be issued for construction in planned urban developments only in accordance with the approved final plan.

2. Minor Adjustments to Final Plan:

a. Minor Adjustments Prior to Building Permits: 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 planned urban development may be approved by the Development Services Division when issuing building permits. Adjustments that are determined by the Development Services Division to not be minor adjustments shall require the submittal of a new final plan or preliminary plan application, according to subsections G4 and G5 of this Section, Modifications.

b. Minor Variations to Development following Final Planned Urban Development: Property owners of units or improvements may apply for subsequent land use, building, and construction permits. Such permits may be approved subject to City requirements; provided, that the proposals meet the standard created with the approval of the planned urban development or the current zone in effect at the time of the application. Common areas shall be maintained consistent with the approved planned urban development. Replacement of paving or landscaping to equivalent types is allowed subject to City authorization that the activities are consistent with the planned urban development approval and any applicable City codes.

3. Occupancy Permit Issuance Procedure: Occupancy permits shall be granted consistent with the requirements in RMC Title 4. Conditions of approval shall be based upon actions to be achieved prior to issuance of construction permits or building permits. Deferrals of improvements shall be determined by the Community and Economic Development Administrator pursuant to RMC 4-9-060. (Ord. 5450, 3-2-2009)

4. Occupation of Structures: Any finished structures, short of full implementation of an approved final plan for a planned urban development or those phases thereof, may be occupied upon the issuance of a conditional use permit by the Hearing Examiner together with such conditions, covenants or other terms in order to assure compliance with the requirements of this Section, Development Standards, and/or any other applicable provision of this Section and the City’s zoning regulations. (Ord. 5153, 9-26-2005)

K. EXPIRATION OR ABANDONMENT OF A PLANNED URBAN DEVELOPMENT:

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 planned urban development shall be defined as failure to initiate construction of a planned urban development or failure to submit a complete building permit application within the approved final plan time limits. Expiration can only occur if no on-site construction has begun or the expiration of building permits has occurred. (Ord. 5519, 12-14-2009)

2. Abandonment: “Abandonment of a preliminary and/or final plan” for the purpose of this Section shall mean the failure and neglect of the applicant to meet the requirements of subsection G1 of this Section, 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 planned urban development. Abandonment shall also occur when the applicant has provided a written statement indicating that he/she is abandoning the preliminary and/or final plan.

3. Resuming Development of an Abandoned Planned Urban Development Site: In order to resume development of an abandoned planned urban development site, a new final plan application shall be submitted for any partially completed phase of the planned urban development 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 resubmission 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. (Ord. 5153, 9-26-2005; Ord. 5917, 12-10-2018)

L. VIOLATIONS OF THIS CHAPTER AND PENALTIES:

Unless otherwise specified, violations of this Section are misdemeanors subject to RMC 1-3-1. (Ord. 4351, 5-4-1992; Ord. 5153, 9-26-2005; Ord. 5159, 10-17-2005; Ord. 5519, 12-14-2009)