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11111110111110W~. _ jones & D VF
'CFStokes
an ICF Intemational Company
Technical Memorandum
Date: January 7, 2009
To: Chris Andersen, Senior Planner
Kevin Snyder, Assistant Director
From: Gil Cerise, Senior Planner
cc: Lisa Grueter, Senior Planner
Subject: Flexible Development Policy Options
Introduction
The Auburn City Council has previously repealed code standards for planned unit developments
(PUDs) and development agreements. As part of the current Development Code Update Project,
the Council has requested City staff provide information and analysis on flexible development
options. In response to this request, the consultant team has prepared an overview of different
potential options inclusive of key advantages, disadvantages and other considerations. In addition,
the consultant team has developed a series of policy issues and questions for these options to
facilitate substantive discussion between the Council and staff.
Flexibility In Development Issues
Local government decision-makers increasingly face the challenge of establishing development
regulations that are sufficiently prescriptive to ensure that development is consistent with adopted
plans and policies, while at the same time providing for the flexibility and creativity to utilize an
individual property's amenities and/or accommodate site-specific constraints. In certain instances,
developers seek flexibility from local governments to permit changes to bulk, use andlor density
requirements in exchange for a public benefit. In some instances, local governments specify
acceptable public benefits, while in other instances, developers are permitted to propose public
benefits provided that they are consistent with applicable goals and policies specified in the
Comprehensive Plan or appropriate documents. Local governments are not required to provide
development flexibility, but may find that the strict application of development regulations can
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limit creative development efforts.
Comprehensive Plan Consistency
The City's Comprehensive Plan provides some direction on the issue of flexibility in
development under both Chapter 2, General Approach to Planning, and Chapter 3, Land Use. In
particular, goals and policies discuss the types of areas where flexible development standards are
more appropriate in comparison to prescriptive and predictable development regulations, and
provide some direction on the types of benefits the City may want to seek for allowing flexibility.
The goals and policies cited in this memorandum can be found in Attachment A.
Policy Direction on Areas to Allow Flexible Development
Goa12 in the City's General Approach to Planning includes the City's objectives and policies
related to development flexibility under the Plan. Goa12 and related objectives and policies
direct the City to provide predictability in the regulation of residential land use, particularly
single-family residential land use and established neighborhoods (see objective 2.1 and policies
GP-11 and GP-21).
Flexibility in development is encouraged to assist in provision of new commercial or industrial
developments and to respond to changing market conditions while maintaining consistency with
the Comprehensive Plan (see Objective 2.2 and related policies).
Flexibility in land use planning is also encouraged in areas where a transition from existing uses
to planned uses is occurring (Objective 2.3 and related policies) and to provide for innovative
land management techniques to implement the Comprehensive Plan (Objective 2.4 and related
policies). Specifically, Policy GP-18 mentions use of clustering and planned unit development
(PUD) as example techniques to consider for the development of residential, commercial, and
industrial properties.
The City's Land Use element also includes policies that provide direction on areas that can allow
flexibility in development. Specifically, policy LU-20 states that flexibility should be allowed for
the development of new neighborhoods; and policy LU-25 states that development flexibility
should be allowed in areas where existing single-family development abuts major arterials.
Policy Direction on Benefifs fo Obtain For Flexible Development
City goals and policies also provide direction in regarding the types of development and features
to encourage through flexible development regulations. Policies GP-19, GP-22, GP-23, LU-20,
and LU-25 all examples of public benefits that could be sought in exchange for allowing flexible
development. These policies promote flexible development as a means of encouraging:
■ compact urban development;
■ protection of critical areas (including but not limited to hillsides or wetlands);
Auburn C?evelopment Code Update `
D AF'I,
■ protection of resource lands (including but not limited to agricultural lands, forest lands, and
mineral resource areas);
■ facilitating the use of transit or non-motorized transportation;
■ redevelopment of underutilized or deteriorated properties;
■ maintenance, expansion, or redevelopment of historic structures or features;
■ development of multifamily housing that is sensitive to the needs of children and seniors;
■ street front buffering in areas where existing single family development abuts major arterials.
The City's goals and policies provide less direction in terms of techniques for allowing flexible
development. There are several methods of achieving flexibility, all with varying means of
controlling the amount of variation in development standards and ensuring a means of obtaining
public benefit in exchange for flexible development.
Table 1 summarizes seven different policy options for local governments such as the City of
Auburn to consider for the provision of development flexibility. The table also provides a
qualitative assessment of how each technique addresses predictability and flexibility discussed in
Goal 2 of the City's Comprehensive Plan. For purposes of this memo, each technique is rated as
`high', `medium', or `low' in each category. A"high predictability" ar"low flexibility" rating
indicates that a technique states a codified requirement with little opportunity for modification. If
a technique results in "low predictability" or "high flexibility" rating, then the technique is more
likely to require a negotiated outcome with a higher degree of variability in development
standards or other outcomes. A"medium" rating for either predictability or flexibility means that
outcomes are more likely to be negotiated, but are within pre-established limits to increase the
degree of predictability. Each assessment is generalized since most techniques can be customized
somewhat to provide more or less predictability or flexibility.
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DRA~'~'T
Summary of Flexible Development Techniques in Table 1
As can be seen from comparing Comprehensive Plan goals, objectives, and policies with the
techniques listed in Table 1, the Comprehensive Plan attempts to balance predictability with
flexibility in achieving the stated vision for the City. Comprehensive Plan goals and policies
provide direction that applies more predictability and less flexibility in single-family areas,
particularly established neighborhoods. In these areas, a status quo or selection of a tool with a
high level of predictability and low level of flexibility may be more appropriate. Similarly, in
areas where the Comprehensive Plan suggests a higher degree of flexibility would be welcome,
such as commercial areas, or in newly developing neighborhoods with little impact on existing
neighborhoods (i.e., greenfields) selection of a tool with a higher degree of flexibility and a lower
degree of predictability may be better. Therefore, there is no clear choice of a single technique to
be used in providing for development code flexibility in the City.
Of the techniques listed in Table l, the status quo or designating a specific zone as a flexible
development zone both maintain the highest level of predictability and the least flexibility. The
technique that provides the least predictability and the most flexibility appears to be the
development agreement. This is because development agreements tend to be most clearly
associated with negotiated outcomes rather than prescribed codified language.
Many other cities have found that providing development flexibility is not a"one size fits all"
proposition. In many of these cases, a jurisdiction will employ multiple techniques with varying
applicability and/or parameters to encourage flexibility in development in key areas. Table 2 on
the following page illustrates this point by showing the techniques employed by a select number
of nearby jurisdictions based upon a survey of their municipal codes.
n
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DRAFT
Key Policy Issues
There are several key policy issues that need to be addressed in developing flexible standards for
large residential developments. The following questions are derived from recurring policy
themes that arise from the various techniques shown in Table 1.
■ What benefits the City would like to obtain from allowing flexible development standards?
Based on Comprehensive Plan goals and policies reviewed for this memorandum, it appears
that the City may want to consider protection of larger critical area or resource land buffers,
enhancement or restoration of critical areas (since critical areas are already protected by
ordinance); protection of and/or adaptive reuse of historic structures or other cultural
resources; development of multifamily housing for families and seniors; and provision of
non-motorized facilities such as trails, bicycle lanes or direct pedestrian connections to
nearby destinations, etc. as potential public benefits.
■ What development standards will the City allow flexibility in order to obtain the public
benefit?
Comprehensive Plan goals and policies provide less direction in terms of the standards that
could be varied in order to obtain public benefit. This would be a good discussion item for
City Council to consider.
Other questions the City should ask that can help shape a possible flexible development system
are:
■ Should flexibility only be allowed in a limited geographic area?
A review of Comprehensive plan goals and policies indicate that allowing flexible
development standards in areas where new neighborhoods are being considered (e.g.,
greenfield areas with little or no abutting neighborhood development); commercial and
industrial properties; properties that are intended to transition to other uses; and/or single-
family properties abutting major arterials are all areas where Comprehensive Plan policies
indicate a potential for allowing flexible development standards.
■ Should flexibility only be available for developments of a specific size?
Comprehensive Plan goals and policies provide less direction in terms of the standards that
could be varied in order to obtain public benefit. This would be a good discussion item for
City Council to consider.
■ Should flexibility only be for specific features of a development (i.e., density only, dwelling
unit type only, etc.)?
r~
00954.08 " .3enuary 7, 20t#9
D AFT
This is would be another good discussion item for City Council to consider. There is some
direction in the goals and policies reviewed for this paper, including allowing for flexibility
in street front buffering for existing single family developments that abut major arterials
(L U-25). There may be other features of development that should be considered for flexible
development standards.
Local Government Examples - Flexible Development Options
This section includes some relevant local government examples of the various flexible
development techniques discussed in Table 1.
Planned Unit Developments (PUDs)
Table 3 contains a summary of PUD regulations adopted by the Cities of Bellevue, Bothell, Kent,
Redmond and Renton.
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Development Agreement
Cities throughout Washington State have been making use of a provision in the State's
Regulatory Reforxn bill (ESHB 1724) called a development agreement to provide flexibility in
development standards in exchange for receiving a public benefit. For example, the City of
Woodinville codified the ability to use development agreements in WMC 21.38.095 (see
Attachment B) for a narrowly defined public purpose. This has allowed the City to obtain
publicly accessible open space and other public benefits in exchange for a developer's ability to
vary street standards, building height, and other measures as they construct a mixed-use "wine
village" in the City's Tourist District.
Master Plan Process
Cities with master plan regulations that were reviewed for this paper included a wide range of
master plan processes. Some, like the City of Everett, limited master planning to institutional uses
within the City's Institutional Overlay zone. This applies to uses such as hospitals, colleges,
schools, and government facilities. In the City of Everett, an approved Master Plan establishes
the development standards and dimensional requirements and has the effect of a general guide for
future development within that area of the institutional zone. Prior to submitting a Master Plan
for approval, the sponsoring institution must hold public meetings with affected area resident and
property owners, and the Master Plan must reflect the various concerns raised during the public
input process. Other jurisdictions, such as the City of Edmonds, apply master planning to all
development within a specific zone. In Edmonds' case, all development within the City's Master
Plan Hillside Mixed Use Zone must have an approved Master Plan in place. The City of Edmonds
uses the master plan to provide a general site layout that shows development areas by type and
use, circulation patterns, site access, residential densities, maximum square footage or
nonresidential uses, and any open space and buffers. The City of Edmonds allows master plan
approval to occur as a comprehensive plan amendment, a planned residential development, or as a
contract rezone. Table 4 outlines several examples of master plan processes by cities in
Washington and one city in Oregon.
f~
000954.08 ' ~ January 7, 20A9
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D AFT
Demonstration Project
Cities throughout the Puget Sound region have been "testing" development regulations and/or
potential new housing types over the past several years through a provision called a
demonstration project. A demonstration project is a technique used by local governments that
provides for a structured to use a variation on certain development standards as a way of
assessing whether development occurring under the varied development standards are beneficial
and should be otherwise codified into city development regulations.
In the 1990's, the City of Renton adopted Comprehensive Plan policies that allowed some
variability in development standards in the City's R-10 (Residential 10-dwelling units per acre)
and R-14 (Residential 14-dwelling units per acre) zones. The City Council passed a
demonstration project ordinance that pernutted limited demonstration projects within these zones
to test variable development standards. After developments were completed using the
demonstration project process, city staff evaluated the projects by surveying residents, neighbors,
and other city stakeholder on the final development product. The results of these surveys were
incorporated into the City's zoning and development standards for the R-10 and R-14 zones. For
example, the City allowed a density bonus in the R-10 zone for development using detached
dwellings in order to encourage small lot detached dwellings in this zone that allows for a variety
of small scale attached and detached dwelling units.
Both the Cities of Federal Way and Kent have used demonstration projects as a means to review
and assess cottage housing as a housing type within their respective jurisdictions. The City of
Kent is allowing a limited number of cottage developments within nine specified zoning districts
within the City. The City of Federal Way allowed up to two cottage housing developments in the
City as a means of assessing how well cottage housing fits within the City.
Embedded Flexibility In Development Code
Some cities have embedded a certain amount of flexibility into their zoning and development
codes. Sumner allows a percentage of lots to be smaller than the standard minimum requirements
in exchange for building alleys. Cities of Kirkland and Bothell also allow a percentage of lot sizes
to be smaller than standard under specified circumstances. The City of Woodinville includes a
specific section within its Subdivision Code that outlines flexible development standards that are
available to developers in exchange for provision of public benefit amenities (see Attachment B).
Most of the benefits outlined provide increased density in exchange for rehabilitation of degraded
environmental features above and beyond the protection required in critical areas regulations,
provision of recreation space or transit amenities. Other listed benefits include reduction in
required setbacks if it helps preserve existing views to Mount Rainier or the Sammamish Valley;
or reduction in intemal street widths in exchange for superior pedestrian design and access
amenities included in the subdivision.
n
0009508 74 ,~anlEa1y 7: 2009
D AFZ'
New Zoning District Designation
Some cities establish zones that are, by nature, flexible with respect to zoning and development
standards. The City of Renton did not apply its revised PUD regulations to the
Commercial/Office/Residential (COR) zone because that zone is flexible by nature, and in many
respects acts like a PUD zone. The City maps the COR zone in a few specific areas of the City
consisting of large parcels where innovative redevelopment opportunities exist. The purpose
statement for this zone is shown below:
0. COMMERCIAL/OFFICE/RESIDENTIAL ZONE (COR):
The purpose of the CommerciaUOffice/Residential Zone (COR) is to provide for a mix of
intensive office, hotel, convention center, and residential activity in a high-quality,
master-planned development that is integrated with the natural environment. It is
intended to implement the Commercial/Office/Residential Land Use Comprehensive Plan
designation. Commercial retail and service uses that are architecturally and functionally
integrated are permitted. Also, commercial uses that provide high economic value may be
allowed if designed with the scale and intensity envisioned for the COR Zone. Policies
governing these uses are contained in the Land Use Element,
CommerciaUOfficelResidential section of the City's Comprehensive Plan. The scale and
location of these sites will typically denote a gateway into the City and should be
designed accordingly.
Interpretation of uses and project review in this zone shall be based on the purpose
statement, objectives and policy direction established in the
CommerciaUOffice/Residential land use designation, Objective LU-VVV, Policies LU-
406 through LU-421, and the Community Design Element of the Comprehensive Plan.
(Amd. Ord. 5001, 2-10-2003; Ord. 5369, 4-14-2008)
Examples of flexible development standards in Renton's COR zone include:
■ No minimum lot dimensions;
■ Allows an increase in maximum impervious surface coverage (by 10%) if parking is provided
within a building or structured parking garage.
■ Building setbacks deternuned through site development plan review (no standards).
Auburn DeveEopinent Code Elpdate Cit}+ a# Auburn
D AFT
Attachment A
Comprehensive Plan Chapter 2 General Approach to Planning excerpts
GOAL 2. FLEXIBILITY
To provide predictability in the regulation of land use and development, especially where
residential uses are affected, but to also provide flexibility for development through performance
standards that allow development to occur while still protecting and enhancing natural resources
and critical lands in overall compliance with this comprehensive plan.
Objective 2.1. To provide assurance that residential areas will be protected from intrusions by
incompatible land uses.
Policies•
GP-11 Ordinance provisions designed to protect residential areas shall give priority to providing
predictability and stability to the neighborhood.
GP-12 Adequate buffering shall be required whenever new commercial or industrial uses abut
areas designated for residential uses.
Objective 2.2. To provide flexibility for major new commercial or industrial developments to
respond to changing market conditions without threatening the purposes of this Comprehensive
Plan.
Policies•
GP-13 Ordinances regulating developing commercial or industrial areas should be based on
performance standards which provide flexibility to respond to market conditions while ensuring
compatibility with the Comprehensive Plan, and with present and potential adjacent uses.
GP-14 Review procedures for all new development should be integrated or coordinated with
SEPA as much as possible.
GP-15 In interpreting plan provisions or in considering a plan amendment, plan designations in
the Region Serving Area should be treated in a more flexible manner than in the Community
Serving Area (see Map 3.2.).
ObjecNve 2.3. To provide flexibility in areas where a transition from existing uses to planned
uses is appropriate.
Policies•
GP-16 Contract zoning can be used to manage the transition between existing uses and future
uses. Contract zoning allows new uses to be conditioned in a manner which controls potential
~1
0t30954.{~B " January 7, 2009
I~ RAF-l<
conflicts during such transition. Contract zoning may be particularly useful as a timing device to
ensure that the necessary public facilities are available to support new development.
GP-17 Spot zoning may be appropriate to facilitate the transition from an existing zone and use to
a planned use. This is only appropriate where the proposed (spot) zone is in clear and full
compliance with the Comprehensive Plan.
Objective 2.4. To provide for the development of innovative land management techniques to
implement this Comprehensive Plan.
Policies•
GP-18 Flexible land development techniques including, but not limited to, clustering and planned
unit developments (PUDs) for the development of residential, commercial, and industrial
properties shall be considered to implement this comprehensive plan.
GP-19 Flexibility should be provided to encourage compact urban development, to protect
critical areas and resource lands, to facilitate the use of transit or non-motorized transportation,
and to encourage the redevelopment of underutilized or deteriorated property.
GP-20 Any flexibility should be easy to administer and should provide the community with an
adequate level of predictability.
GP-21 Within single family neighborhoods, flexibility should be limited to ensure that the
neighborhood retains a conventional single family character.
GP-22 Flexibility to allow the maintenance, expansion, or redevelopment of historic structures or
features should also be considered. The goal of this flexibility should be to retain the historic
character of the structure, feature, or property while at the same time ensuring protection of the
public health and safety.
GP-23 Innovative techniques that lead to the development of multifamily housing that is sensitive
to the needs of children and seniors shall be considered to implement this comprehensive plan.
Techniques that consider recreation, safety, aesthetic, privacy, and transportation needs should be
emphasized.
Comprehensive Plan Chapter 3 Land Use excerpts
LU-20 The development of new neighborhoods should be governed by development standards
which allow some flexibility. Flexibility should be considered to encourage compact urban
development, to provide protection of critical areas, and resource lands (including, but not limited
to, agricultural resource lands, cultural resources, forest resource lands, mineral resource areas
(Map 9.4) hillsides or wetlands), and to facilitate non-motorized transportation.
LU-25 Areas abutting major arterials should be carefully planned to avoid potential conflict
between the development of the arterial and single family uses. Single family uses in such areas
should be platted in a manner which orients the units away from the arterial, however, non-
Auburn DeveEopment Code Update City af Auburn
D. . A .Y.E.<T
motorized access between the residential area and the arterial should be provided. Where such
orientation is not possible, a transition area should be zoned for moderate density uses. In areas
with existing single family developments, substantial flexibility can be pernutted for street front
buffering.
n
000954.48 •.s January 7, 2009
D AFT
Attachment B
Example Code Sections for Selected Flexible Development Tools
r~
0009~.08 January 7, 2009
D :1 FT
Example of Flexible Development Standards Embedded In Zoning Code
(City of Woodinville Subdivision Code)
WMC 20.06.055 Incentives for flexible lot sfandards for large subdivisions.
(1) For the purpose of this section, large subdivisions shall be defined as the subdivision
of a single parcel over five acres.
(2) Large subdivisions that provide any of the following elements in a creative site design
may be subject to the bonus incentives as defined in the right column.
(3) Use of all incentives are subject to approval by the City of Woodinville Planning
Director.
Creative Element Allowed Incentive(s)
1. Rehabilitation, protection and integration of Bonus density of one unit for
environmental features such as greenbelts, streams,
every acre of feature or 200
wetlands, or steep slopes beyond the requirements of
linear feet of feature.
Chapter 21.24 WMC.
Reduction of up to 50 percent of
one required setback per
structure allotted additional
access
2. Innovative blending of open space areas with
residential lots to increase amount of visual or actual or
access to open space per lot.
Reduction of required internal
street widths to 28 feet if on-
street parking is required or 20
feet if not.
3. Providing connections to public transit in the form of
transit stops, park and rides, or other transit related See WMC 21.34.040(6)(e).
feature.
4. Allowing for office/work space within homes. Work
spaces must include separate entrances. (Pursuant to the Bonus of one unit for every five
City's home occupation and/or home industry permit offices provided.
requirements - see WMC 21.30.040 and 21.30.050.)
Reduction of setbacks as
5. Enhancement of views of the Sammamish Valley or necessary to retain views,
Mount Rainier. subject to the conditions in
WMC 21.14.030.
I~I
000954.08 " January 7, 2009
H.F. . AF.-,l•
6. Integration of recreation amenities in excess of the See WMC Z 1.34.040(6)(b).
minimum open space requirements of WMC 21.14.180.
Elimination of rear setback
requirements for garages
accessed from rear alleyways
7. Locating garages to the rear half of residential lots. or
Reduction up to 50 percent of
side setback requirement for
garages located on the side.
8. Active or passive solar energy systems. See WMC 21.34.040(6)(d).
Reduction of required internal
9. Superior pedestrian-oriented design and access to street widths to 28 feet if on-
amenities. street parking is required or 20
feet if not.
(Ord. 239 § 1, 1999; Ord. 175 § 3, 1997)
Auburn DeveEapment Code Update Cit}+ af Auburn
D AFT
Example Flexible Zone (see COR Zone on City of Renton excerpt below)
Excer t of RMC 4-2-1208
DEVELOPMENT STANDARDS FOR COMMERCIAL ZONING DESIGNATIONS
CD CO COR
SETBACKS
Buildings less than 25 ft.
in height: 15 ft.19 Determined
Minimum Front Yard18 None Buildings 25 ft. to 80 ft through site
in height: 20 ft. development plan
Buildings over 80 ft. in review.
height: 30 ft.13.19
15 ft. - for buildings 25 ft.
or less in height. Determined
Maximum Front Yard18 None - for that portion of None through site
a building over 25 ft. in development plan
height. review.
15 ft.19 - for buildings less
than 25 ft. in height. Determined
Minimum Side Yard Alon 20 ft.13.'9 - for buildings 25 through site
A Street'~ None ft. to 80 ft. in height. development plan
30 ft.13.'9 - for buildings review.
over 80 ft. in height.
15 ft. - for buildings 25 ft.
or less in height. Determined
Maximum Side Yard Alon through site
A Street'~ None - for that portion of None development plan
a building over 25 ft. in
height. review.
Minimum Freeway 10 ft. landscaped setback 10 ft. landscaped setback 10 ft. landscaped
Frontage Setback from the property line. from the property line. setback from the
property line.
None, unless the CD lot
abuts a residential zone,
RC, R-1, R-4, R-8, R-10,
R-14, or RM-T, then there
shall be a 15 ft. None required, except, 15 Determined
Minimum Rear Yard18 landscaped strip or a 5 ft. ft. if abutting a residential through site
wide sight-obscuring zone. development plan
landscaped strip and a review.
solid 6 ft. high barrier used
along the common
boundary.
None required, except 15 Determined
Minimum Side Yard18 None ft. if abutting or adjacent to through site
a residential zone. development plan
review.
In no case shall a In no case shall a
structure over 42 in. in structure over 42
Clear Vision Area NA height intrude into the 20 in. in height intrude
ft. clear vision area into the 20 ft. clear
defined in RMC 4-11-030. vision area defned
in RMC 4-11-030.
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000954.ae " January 7, 2009
D AFT
ON-SITE LANDSCAPING
Minimum On-Site 10 ft., except where Determined
Landscape Width - Along None reduced through the site through site
the Street Frontage development plan review development plan
process. review.
15 ft. sight-obscuring
Minimum On-Site landscaping. If the street
Landscape Width Required is a designated arterial,
Along the Street Frontage non-sight-obscuring Determined
When a Commercial Lot is None landscaping shall be through site
Adjacent~ to Property provided unless otherwise development plan
Zoned R-1, R-4, R-8, R-10, determined by the review.
R-14, or RM Reviewing Official through
the site development plan
review process.3,5
15 ft. landscaped strip 15 ft. wide landscaped
consistent with the visual barrier consistent
definition of landscaped with the definition in RMC
Minimum Landscape Width visual barrier in RMC 4- 4-11-120, when abutting a Determined
Required When a 11-120; or 5 ft. wide sight- residentially zoned through site
Commercial Lot Is obscuring landscaped property. development plan
Abutting Property Zoned strip and a solid 6 ft. high A 10 ft. sight-obscuring review.
Residential barrier used along the landscape strip may be
common boundary of allowed through the site
residentially zoned development plan review
property. process.3,a
Minimum On-Site
Landscape Width Required
Along the Street Frontage Determined
When a Commercial Zoned NA 15 ft. wide sight-obscuring through site
Lot is Adjacene to Property landscape strip. development plan
Zoned Commercial, Office review.
or Public/Quasi, i.e., CN,
CV, CA, CD, CO, or COR
HEIGHT
Maximum Building Height 95 ft.6,10 250 ft.s,'Z 10 stories and/os
125 ft.
Maximum Building Height 20 ft. more than the 20 ft. more than the Determined
When a Building Is maximum height allowed maximum height allowed through site
Abutting' a Lot Designated in the abutting residential in the abutting residential development plan
as Residential zone.s•" zone.s review.
Maximum Height for See RMC 4-4-
Wireless Communication See RMC 4-4-140G. See RMC 4-4-140G. 140G.
Facilities
Auburn qeveiopment Code tipdate 28 City of Auburn
DRAFT
Example Master Plan (City of Edmonds)
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000954.08 N ,lanuary 7, 2009
Chapter 16.75 MP - MASTER PLAN HILLSIDE MIXED-USE ZONE Page 1 of 4
Chapter 16.75
MP - MASTER PLAN HILLSIDE MIXED-USE ZONE
Sections:
16.75.000 MP - Master plan hillside mixed-use zone.
16.75.005 Purpose.
16.75.010 Uses.
16.75.020 Site development standards.
16.75.000 MP - Master plan hillside mixed-use zone.
This chapter establishes the hillside mixed-use zoning district comprised of two distinct zoning
categories which are identical in all respects except as specifically provided for in ECDC 16.75._01.0
and 16.75..0 .2.0. [Ord. 3402 § 1, 2002].
16.75.005 Purpose.
The MP1 and MP2 zones have the following specific purposes in addition to the general purposes
for business and commercial zones listed in Chapter 16.40 ECDC:
A. To reserve an area where potential exists for planned development that can benefit the public by
providing new tax revenue;
B. To reserve an area where a mix of land uses can take advantage of site conditions and water
views;
C. To permit construction in accordance with a master plan concept and site design that is visually
pleasing;
D. To promote a mix of residential, commercial, and other uses in a manner that is consistent with
the city's comprehensive plan, and with the downtown waterFront plan that has been adopted as a
part of the comprehensive plan. The mix of uses is contemplated to occur throughout the MP1 and
MP2 zones; mixed-use development is not required on any specific parcel of land;
E. To encourage visual access to the water for the public from public spaces within the
development;
F. The height limit and calculations procedures established for the MP1 and MP2 zones have been
adopted after full consideration of the topographical constraints of sites within the zones. Variances
are not available under current city code provisions in order to make more profitable use of a
property. In adopting these provisions, the city council has specifically provided for, and made
allowances for, the site constraints and topographical features inherent in development of the
designated MP1 and MP2 sites. Therefore, no other height variance would typically be available
absent a special showing of constraints unanticipated on the date of adoption of the ordinance
codified in this chapter. [Ord. 3402 § 1, 2002].
16.75.010 Uses.
A. Permitted Primary Uses in MP1.
1. Multifamily residential;
2. Office;
3. Hotels/motels;
4. Restaurants, excluding drive-in businesses;
5. Local public facilities as defined in ECDC 21._.55.._007;
6. Mixed-use development for any use permitted in this zone;
7. Secondary service and retail uses to the primary use, but excluding trailer sales and
service, car lots, heavy equipment sales and service, and any other retail activity that relies primarily
on outdoor display of inerchandise;
8. Conference/performing arts center;
9. Day care;
10. Neighborhood parks, natural open spaces, and community parks with an adopted master
plan subject to the requirements of ECDC 17.100.070.
B. Permitted Primary Uses in MP2.
1. All uses permitted in subsection A of this section, except that residential use is prohibited
on the ground floor of any building;
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Chapter 16.75 MP - MASTER PLAN HILLSIDE MIXED-USE ZONE Page 2 of 4
2. Neighborhood-oriented retail uses intended to support other uses in the immediate area,
but excluding trailer sales, car lots, heavy equipment sales and service, and any other retail activity
that relies primarily on outdoor display of inerchandise;
3. Service uses as a primary use intended to support other uses in the immediate area, but
excluding trailer, car, boat and equipment services;
4. Multimodal transportation center;
5. Educational facilities.
C. Permitted Secondary Uses in MP1 and MP2.
1. Off-street surface parking and structured parking to serve a permitted use;
2. Shared parking facilities to serve more than one permitted use;
3. Off-street loading facilities to serve a permitted use.
D. Uses Requiring a Conditional Use Permit.
1. Buildings or structures that exceed the maximum height limit. This permit shall be limited to
the approval of a"landmark" building or structure. Not more than one such landmark structure shall
be permitted for each zone;
2. A landmark structure is defined as a building or structure intended to provide an
architectural signature for a location within the MP1 and MP2 master plan areas. The landmark
structure shall not be used for general commercial or residential purposes above the normal height
limits established for the zone, but may be used for public purposes, or purposes which benefit the
Edmonds community, including but not limited to:
a. Public viewing areas or platforms;
b. Restrooms;
c. To house, in interior space, wireless communication facilities permitted pursuant to
Chapter 20..50 ECDC; and to incorporate antennas and wireless communication facilities in the
facade of the landmark structure, if such incorporation can be accomplished in accordance with the
architectural design approved by the city's architectural design board in a way which is not intrusive
and otherwise incorporated within the architectural design of the structure;
d. Public safety purposes;
e. As public art or architectural detail; or
f. For other similar public purposes approved as a part of the master planning process.
In no event shall a landmark structure exceed 48 feet in height. [Ord. 3402 § 1, 2002].
16.75.020 Site development standards.
A. Any development located in MP1 or MP2 zones shall be subject to design review in accordance
with Chapter 20.._1.Q ECDC.
B. Table. Except as hereinafter provided, development requirements shall be as follows:
Subdistrict Minimum Minimum Minimum Minimum Minimum Maximum Maximum Maximum Minimum
lot area lot width street side rear height coverage floor lot area
setback setback1 setback2 N area3 per
dwelling
unit (s.f.)
3 sq.
MP1 none none 15' 10' 15' 35'4,5 456 ft./s.f. of 2,400
lot area
4
MP2 none none none none none 357 75 sq.ft./s.f. 2,400
of lot
area
~ For residential buildings, setbacks apply to exterior lot line only, and not to any interior lot lines within a development.
2 See Footnote 1.
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Chapter 16.75 MP - MASTER PLAN HILLSIDE MIXED-USE ZONE Page 3 of 4
3 The maximum floor area is intended to limit the size of nonresidential development only. In the case of a mixed-use
development that includes residences, the maximum floor area calculation shall be applied to the residential use as well.
4 Roof may extend up to five feet above the state height limit if designed as part of an approved modulated design in
accordance with Chapter 20.10 ECDC.
5 Building height may be calculated separately for each clearly separated portion of a building as illustrated, but not limited
to, Figures A, B and C.
6 Total lot coverage for the entire site covered by an adopted master plan within the M131 zone cannot exceed 45 percent.
Lot coverage for the individual building lots within the area covered by the master plan cannot exceed 75 percent.
Individual lots may not be able to achieve the 75 percent maximum lot coverage due to compliance with master plan and
code requirements that address such issues as circulation, open space, topography, buffers, and critical areas.
7 The maximum height may be increased to 45 feet with the approval of a conditional use permit, if the application is filed in
conjunction with or after the approval of a multimodal transportation center within or adjacent to the MP2 zone.
Figure A:
A building is considered to have two or more clearly separated portions when each portion is
separated by a one-story high (10-foot minimum) space above a plaza or roof. Multiple floors above
the plaza may be connected by an open-air bridge no wider than 10 feet, zero inches. Building height
would be calculated using the centerline of the plaza or roof as one edge of the rectangle used to
average existing grade elevations. See figure below:
~
M ~
K
7 ~ t f
.
~(Oh ~
Figure B:
A building is considered to have two or more clearly separated portions when the line of the roof
changes (a vertical shift). Building height would be calculated using the centerline of the wall below
the shift in roof heights as one edge of the rectangle used to average existing grade elevations. See
figure below:
.
• ~"'~►s
~*/,h
7 ~ # y + 4 p~►~j~ 7 ~ ~ ~ ~
~D~tl~ ~ ~ +
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Chapter 16.75 MP - MASTER PLAN HILLSIDE MIXED-USE ZONE Page 4 of 4
Figure C:
A building is considered to have two or more clearly separated portions when the floor plates shift
(a horizontal shift). Building height would be calculated using the centerline of the wall along the shift
in floor plates as one edge of the rectangle used to average existing grade elevations. See figure
below:
• ~ ~ • ~ ~ ~ . ~ ~
V ;
tti8~ ~
C. Signs, Parking, and Design Review. See Chapters 17.50, 20.10 and 20.60 ECDC.
D. Master Plan Required.
1. No development shall be permitted in an MP1 or MP2 zone unless a master plan has been
prepared, identifying potential land uses and densities as set forth in subsection (D)(2) of this section.
2. A master plan shall describe the land use parameters and relationships to guide future site
development. The plan shall, in a general manner, define the site layout by showing development
areas by type of use, circulation pattems, site access, residential densities (if applicable) maximum
square footage of nonresidential uses (if applicable), and any open space areas and buffers. The plan
shall also illustrate the relationship befinreen the site and adjoining properties. Any single master plan
proposal submitted to the city for approval shall include a mix of uses for the overall area included in
the master ptan application. A mix of uses is not required for any single phase of development within
an approved master plan.
3. All property identified in the master plan shall be developed in a manner consistent with the
provisions of the master plan.
4. It is intended that site layouts, the range and intensity of uses, access, and circulation shall
be depicted in both graphic and narrative form in a general manner. Subsequent to the adoption of a
master plan, more detailed site and design information shall be submitted for review in accordance
with Chapter 20..10 ECDC. The applicant also has the option of submitting a master plan concurrently
with a specific site design. Other necessary applications, such as subdivision, binding site plan (BSP),
or planned residential development (PRD), may also be submitted concurrently. If submitted
concurrently, the city shall review the applications concurrently. However, no site design or other
approval shall be granted until such time as the master plan is approved.
5. A master plan may be approved as a comprehensive plan amendment, a planned
residential development (PRD), or as a contract rezone. The planning advisory board and city council
shall review and act upon a proposed master plan in accordance with the provisions of ECDC
20.100_020 and 20.100.030, except in the case of a PRD, which shall be reviewed in accordance with
the provisions of Chapter 2035 ECDC. [Ord. 3402 § 1, 2002].
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~)RAFT
Example Zoning Code Authorizing Development Agreements (City of
Woodinville)
WMC 21.38.095 Development agreement.
Alternative development standards may be applied to specific properties or areas
containing several properties through a development agreement. A development
agreement shall be reviewed by the Planning Commission and, following a public
hearing, will be subject to City Council approval, in accordance with RCW 36.70B.170
through 36.70B.210; together with all other applicable regulations. All development and
uses shall occur in accordance with the adopted development agreement.
(1) Development Ageement Purpose. The purpose of a development agreement shall be
to set forth all necessary components of the development into a binding written
instrument that is executed by the property owner or owner's representative, and the City.
(2) Development Agreement Contents. A development agreement may include, but is not
limited to, the following elements:
(a) A Master Development Plan and site drawing that describes and shows the location,
dimensions and uses of all proposed features.
(b) Transportation improvements, including a unified parking plan (on- and off-street)
and transportation demand management strategies (if proposed), for the uses within the
development and overlay.
(c) Parcel maps and surveys if subdivision is contemplated, i.e., binding site plan drawing
and/or preliminary plat.
(d) Elevation drawings showing the proposed architectural features of principle structures
and how the City's design standards and other regulations have been incorporated into
the project design.
(e) An environmental compliance plan, documenting how environmental impact
assessment and mitigation requirements will be met.
(f) A written narrative description of the proposed project, including the size or number
of units for each phase of the project, construction sequencing, timing, and any future
phases contemplated.
(g) Financial terms and commitments for any public or private infrastructure
improvements required, including any bonding requirements.
(h) The amount of any applicable impact fees due.
(i) Public or private park, recreation and open space improvements.
(j) Provisions to address any conditions arising from non-City agencies with jurisdiction.
000954.08 ,~anuary 7, 2009
D_ AFT
(k) Provisions to address any of the following: future amendment of the development
agreement, enforcement, dispute resolution and property transfer. (Ord. 400 § 19, 2005)
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000954.Q6 January 7, 2009
I) AF{,,I.
Example PUD (City of Renton)
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000954.08 January 7, 2009
Chapter 9 PERMITS - SPECIFIC Page 1 of 13
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 authoriry 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 the following zoning districts, when
processed and approved as provided in this Section:
a. All zones, except R-1, R-4 and COR.
2. Code Provisions That May Be Modified:
a. In approving a planned urban development, the City may modify any of the standards of
chapters 4-2, 4-4, and 4-7 RMC and RMC 4-6-060, except as listed in subsection 133 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 RMC Title 4, except
those listed in subsection B3 of this Section. Approval for modifications other than those
specifically described subsection 62a of this Section shall be approved by the City Council prior to
submittal of a preliminary planned urban development plan.
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 dwellings 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;
c. Planned Urban Development Regulations: The City may not modify any of the provisions of
this Section, Planned Urban Development Regulations;
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
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Chapter 9 PERMITS - SPECIFIC Page 2 of 13
as specifically allowed in the referenced Chapter or Section. Such altemates, 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)
C. ROLES AND RESPONSIBILITY:
1. Development Services Division: The Development Services Division 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 and City Council.
2. Reviewing Agencies: City departments shall review each proposed planned urban development in
accordance with procedures in chapters 4=8 and 4-9 RMC as appropriate.
3. 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 for all requested Code
modifications and the overall proposal itself.
4. City Council: 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 Section for all
requested Code modifications and the overall proposal itself. (Ord. 4039, 1-19-1987; Amd. Ord. 5153,
9-26-2005)
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. Overall Design: Provides a planned urban development design 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 planned urban development:
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; or
iv. Site and Building Design: Provides superior architectural design, placement, relationship
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Chapter 9 PERMITS - SPECIFIC Page 3 of 13
or orientation of structures, or use of solar energy; or
v. Alleys: Provides alleys to at least fifty percent (50%) of any proposed single family
detached, semi-attached, or townhouse units.
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 rype; e.g., single family, detached, attached, townhouses, etc.
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 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 Iandscaping 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.
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:
I. 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.
ii. Adequacy: Provides sufficient on-site vehicular parking areas consistent with the parking
demand created by the development as documented in a parking analysis approved by the
City. Parking management plans shall ensure sufficient resident, employee, or visitor parking
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Chapter 9 PERMITS - SPECIFIC Page 4 of 13
standards, and there shall be no reliance on adjacent or abutting properties unless a shared
parking arrangement consistent with RMC 4-4-080 is approved.
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. (Ord. 5153, 9-
26-2005)
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 be equal to or greater in size than
the total square footage of the lot area reductions requested by the planned urban development,
as illustrated in Figure 1. The open space shall not include a critical area and shall be
concentrated in large usable areas. Stormwater facilities may be incorporated with the open space
on a case-by-case basis if the Reviewing Official finds:
i. 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
ii. The surFace water feature serves areas outside of the planned urban development and is
appropriate in size and creates a benefit.
FT ~ ~ .~.,.r.. _.,..~.4...ti..~..,,Y
F4
'L ~ ~ .~..~.~w~.
° .10.°~.~
s~
e.
~.._A L,_.~Site Area: 1.5 acres
Site Area: 1.5 acres Typical Lot Size: 3,500 sq. ft.
Typical Lot Size: 4,500 sq. ft. Total Number of Lots: 12
Total Number of Lots: 12 Open Space: 4,500 s.f. minus 3,500 s.f. = 1,000 s.f. x 12 lots
= 12,000 sq. ft.
Standard Subdivision Example Planned Urban Development Approach
Figure 1. Common Open Space Example
b. Mixed Use - Residential Portions: Subsections E1 bi 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 Reviewing Official. The required common open space shall be
satisfied with one or more of the elements listed below. The Reviewing Official may require
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Chapter 9 PERMITS - SPECIFIC Page 5 of 13
more than one of the following elements for developments having more than one hundred
(100) units.
(a) Courtyards, piazas, or multipurpose open spaces;
(b) Upper levei 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;
(c) Pedestrian corridors dedicated to passive recreation and separate from the public street system;
(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.
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.
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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
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Chapter 9 PERMITS - SPECIFIC Page 6 of 13
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
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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,
(c) On-site or building-mounted lighting providing at least four (4) foot-candles (average) on the
ground, and
(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 Reviewing Official.
(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.
(c) Pedestrian-oriented facades on some or all buildings facing the space consistent with Figure 4.
(d) Public seating that is durable or easily replaceable, maintainable, and accessible.
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Chapter 9 PERMITS - SPECIFIC Page 7 of 13
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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,
(c) Adjacent blank walls,
(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 which is contiguous to the unit and shall be an area of at least twenty percent (20%) of the
gross square footage of the dwelling units. The private open space shall be well demarcated and at
least ten feet (10') in every dimension. Decks on upper floors can substitute for some of the required
private open space for upper floor units. For dwelling units which 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').
3. Installation and Maintenance of Common Open Space:
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a. Installation: All common area and open space shall be landscaped in accordance with the
landscaping plan submitted by the applicant and approved 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 security device to the City in an
amount equal to the provisions of RMC 4-9-060. Landscaping shall be planted within one year of
the date of final approval of the planned urban development, and maintained for a period of two (2)
years thereafter prior to the release of the securiry device. A security device 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 Development
Services Division.
b. Maintenance: Landscaping shall be maintained pursuant to requirements of RMC 4-4-070.
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 Planning/Building/Public Works Administrator or his/her designee,
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.
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 City Council, upon recommendation by the
Hearing Examiner, 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 VI or VII permits as specified.
2. Filing of Application: The application for preliminary approval of a planned urban development
shall be filed with the Development Services Division accompanied by a filing fee as established by
RMC 4-1-170, Land Use Review Fees. 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: Prior to making application for preliminary approval, the developer shall submit a
conceptual plan for preapplication review.
4. Submittal Requirements and Application Fees: A preliminary development plan shall be
submitted to the Development Services Division 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 Development Services Division shall require. Submittal
requirements and fees shall be as listed in RMC 4-1-170, Land Use Review Fees, and RMC 4-8-120C,
Land Use Applications.
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
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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 Development Services Division 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 recommend approval, approval with conditions, or denial of the preliminary
plan. The City Council, at its discretion, following recommendation of the Hearing Examiner, shall
approve, modify or deny the preliminary plan. City Council action to approve a preliminary plan
shall be by ordinance and shall include an accurate description of the boundaries, land uses, any
modified development standards, and number of units or building square feet 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 the authority of the approval ordinance of
a preliminary planned urban development, the City shall place the planned urban development
ordinance number as an overlay on the subject property on the City of Renton Zoning Map.
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)
G. FINAL PLAN REVIEW PROCEDURES:
1. 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 Development Services Division a final
development plan showing the ultimate design and specific details of the proposed planned urban
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 planned urban development. If a final development plan is not filed within such
two (2) years or within the extended time period, if any, the planned urban development preliminary
plan shall be deemed to have expired or been abandoned. To activate an expired or abandoned
planned urban development a new application is required.
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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 Development Services Division.
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.
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 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 Section. 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 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.
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
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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.
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 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, 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.
8. Time Limits:
a. Expiration: The developer shall prepare and submit building permit applications which are
accepted as substantially complete to the Development Services Division within six (6) months of
the effective date of approval. The developer shall complete the approved planned urban
development or any phase thereof included in the approved final plan within finro (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 planned urban development, or any phase
thereof, within this time limit will require the submittal of a new preliminary and final plan
application in order to continue construction of the planned urban development. Failure to submit a
new application or to complete the planned urban development once construction has begun shall
constitute abandonment of the planned urban development subject to subsection J of this Section.
Expiration of any building permit issued for a planned urban development shall be governed by the
provisions of the applicable Building Code. Construction of any portion of the planned urban
development requires a current approved planned urban development and a current building
permit.
b. 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 Hearing Examiner action on the final
plan. (Ord. 5153, 9-26-2005)
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 simuttaneously 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)
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1. APPEALS OF EXAMINER'S DECISION ON A FINAL PLANNED URBAN DEVELOPMENT:
The Hearing Examiner's decision on a final planned urban development may be appealed to the City
Council 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)
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 Planning/Building/Public Works Administrator pursuant to RMC 4-9-060.
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. Expiration can only occur if no on-site construction has begun or a lack of significant
progress under those building permits has occurred. Upon expiration of a preliminary or final plan, the
undeveloped site may only be developed if a new preliminary and final plan planned urban
development is approved or if the City Council, by ordinance, removes the planned urban development
designation and revokes the original approval.
2. Abandonment: "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 subsection G9 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.
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Chapter 9 PERMITS - SPECIFIC Page 13 of 13
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)
L. APPEAL OF COUNCIL DECISION ON PLANNED URBAN DEVELOPMENT:
The action, by ordinance, of the City Council to approve, modify or deny a planned urban development shall
be final and conclusive, unless the time period specified in RMC 4-8-110, Appeals, an aggrieved party
obtains a writ of review from Superior Court. If Council acts in appeal to approve a preliminary planned
urban development, the decision will include an effective date of approval consistent with subsection G and
K of this Section. (Ord. 4039, 1-19-1987; Ord. 5153, 9-26-2005)
M. 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)
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I) RAF<„T
Example Demonstration Ordinance (City of Kent)
r-~
000954.66 Januery 7, 2009
I
. I
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ORDINANCE NO.AN ORDINANCE of the City Council of the
City of Kent, Washington, to allow development of
a limited number of cottage housing projects that
demonstrate a housing choice not currently
available in Kent's neighborhoods.
RECITALS
A. The purpose of this demonstration ordinance is to assess the
viability of cottage housing m Kent. In support of Comprehensive Pian
Goals LU-10 and H-5 this demonstration ordmance allows development of ~
a limited number of projects that demonstrate a housing choice not
currently available in Kent. The City will use this demonstration ordinance ~
to allow for construction of demonstratian projects and will analyze i
adoption of a permanent cottage housmg ordinance upon completion of ~
the demonstration projects. i
~
B. On August 8, 2008, the City requested and was granted ~
expedited review on August 25, 2008, from the State of Washington under ~
RCW 36.70A.106 of the City's mtent to adopt the Cottage Housing ~
Demonstration Ordinance. ~
i
1
Cottage Housing Demonstration
.
i
I
C. The City's SEPA responsible officlal has determined that a ~
threshold determination under SEPA is not required for the passage of the ~
I
Cottage Housing Demonstration Ordinance. !
~
i
~
D. The development and public involvement process for the '
Cottage Housing Demonstration Ordinance included the City's Land Use ;
and Planning Board who held workshops during its meetings on June 9 and '
August 11, 2008, and public hearings on August 25 and September 22, ~
2008. The City's Planning and Economic Development Committee also
reviewed and discussed the Cottage Housmg Demonstration Ordinance at
its meetings on April 14 and October 13, 2008. The Committee also held
a public hearmg on November 10, 2008. The City Counci) voted to adopt
the Cottage Housmg Demonstration Ordinance on November 18, 2008.
ORDINANCE
SECTION 1. - General Authority.
A. Purpose. The purpose of this demonstration ordmance is to allow
development of a Ifmited number of projects that demonstrate a housing ~
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choice not currently available in Kent's neighborhoods, in support of
Comprehensive Plan Goals LU-10 and H-5. The City will use this
~ demonstration ordinance to allaw for construction of demonstration
projects to assess the viability of cottage housing in Kent. Adoption of a
permanent cottage housmg ordinance will be discussed upon completion
of the construction af the demonstration projects.
B. Gaals. The goals of this ordinance are to: ~
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1. Provide a housmg type that responds to changing househaid !
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sizes and ages (e.g., retirees, smali famdies, single person households);
2. Provide opportunities for ownership of smail, detached
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Cottage Housing Demonstration
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3. Encourage creation of more usable open space for residents
of the development through flexibility in density and lot standards; i
4. Promote high quality design; ;
5. Allow flexibility in site and design standards while promoting
projects that ensure compatibility with surrounding land uses and existing i
singie-family developments; ~
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6. Implement goals and policies of the Kent Comprehensive ;
Plan.
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5EG7tON 2. - Deflnltlons. Definitions in this section will prevail if I
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' they conflict with terms defined in Kent City Code. If a term is defined in
Kent City Code, but not in this section, the defirntion in Kent City Code
shall apply.
A. Carriage Unit. A single-family unit, not to exceed eight hundred
(800) square feet in gross floor area, located above a garage structure.
B. Cottage. A detached, single-family dwelimg unit containing one
thousand five hundred (1,500) square feet or less of gross floor area.
C. Cottage Housing Developrnent. An alternative type of development
made up of detached small smgie-family residences (cvttages) clustered
around a common open space with garages and parking located away
from the houses.
D. Floor Area Rat/o (FAR). A measure of development intensity which
is determined by dividing the square footage of the aggregate gross floor
area of all units area by the square footage of the entire site. The square
footage used for the enttre site shall not include critical areas and their
associated bufFers.
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Cottage Housing Demonsfration
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SECTION 3. - Apnlicable Use Zones. The housing types described !
in t his or di n a n c e m a y b e u s e d o n l y i n t h e f o l l o w i n g s i n g l e f amil y and I
multifamily zones: SR-4.5, SR-6, SR-8, MR-D, MR-T12, MR-T16, MR-G, ,
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MR-M, MR-H. I
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SECTION 4. - Selecrlon and Permit Process for Cottaae Housi»g
Demonstration Projects.
A. Faliowing adoption af this demonstration ordinance, Planning
Services shail publish a Nutice of Call for Proposals. Notice will be sent to
the Kent Reporter; posted on the City's website; sent to local engineering
companies, media contacts, the Master Builders Associatfon, and others.
There will be a one hundred eighty (180) day timeframe "submittal period" ~
~ during which proposals may be submitted.
B. The City shall use the following process to review and select cottage
housing demonstration projects:
1. Pre-submittal meeting requirements.
~ a. Potential applicants must schedule a pre-submittal
meetmg with City stafF prior to submitting a formal proposal. This
meeting will give City staff the chance to review with the applicant the
requirements for stormwater, roads, open space, parking, cottage design,
and others.
2. Following the pre-submitta) meeting, the applicant shall
submit a full and complete proposal to planning services which includes
the following:
a. A compieted City of Kent applicatian form. The form
shall include owner and applicant information, as well as the name and
contact information Por the builder and any design professionals involved
in the project.
b. A conceptuat site plan of.the proposed development.
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Cottage Housing Demonstration
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c. Conceptual drawings of the proposed cottage houses, ~
including building footprints, elevations, and floor plans. !
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d. A description of how the proposed development
minimizes adverse impacts to the surrounding neighborhood. For ;
example, describe what was considered during site layout and buildmg I
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selection to enhance the neighborhood and minimize adverse impacts to
the surrounding community.
e. A description of how the proposed developrnent ~
complies with all selection criteria and development skandards for a ~
cottage housing demonstration project as described m this Cottage I
Housing Demonstration Ordinance (the "ordinance").
f. General information about the site including the
number of allowed and proposed dwelling units, parking, open space,
pervious and impervious surface, building heights, and sustamable
development techniques.
g. Photographs of the site and adJacent properties.
h. Any additional information or materiai specified at the
pre-submittal meeting.
3. Neighborhood Meeting.
a. Applicants for cottage housing praposals submitted
under this ordinance shall schedule and host a neighborhood meeting.
The neighborhood meetmg shall be held within thirty (30) days following
submittal of the proposal.
b. The purpose- of the neighborhood meeting shall be to inform nearby property awners of the proposed development, and provide
the selection committee with comments pertinent to the selection process.
c. The applicant shall mail written notice of the
neighborhood meeting to all property owners within 300 feet of the
proposed project and shall publish notice in at least one (1) local
newspaper at least ten (10) days prior to the meeting. Any aileged failure
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of any property owner to actually receive the notice of neighborhood ~
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meetmg shali not invalidate the proceedings. i
, d. At the neighborhood meeting, the applicant shall ~
present the proposed development to interested residents and soliat their
comments. Within thirty (30) days of the neighborhood meeting, the '
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applicant shall submit a narrative to the City, summarizing and addressing ;
comments received at the meeting. The applicant may submit revisions to I
the proposal based on neighborhood comments. I
4. Proposai Selection Process.
a. Evaluation of the proposals shall be based on the
foilowing selection criteria:
(1) Demonstration that the project has been
designed to enhance and mirnm►ze adverse impacts to the surrounding
neighborhoods and commurnty. i
(2) Demonstration that the project impacts are
substantiaUy equivalent to or less than the adverse impacts expected to be '
associated with develapment of conventional housing on the subject
property, in regards to parking, buildmg height, buildmg buik, setbacks,
lot coverage, open spaces, screening, and aesthetics.
(3) Demonstration that the pro3ect will result in a
unique cottage style community that is distinct from typical single family
developments in Kent. This community shall incorporate a high level of
quality and orfginality throughout the development, including but not
limited to the following areas:
i. Site design;
ii. Architectural design;
iii. Building materfals;
iv. Open space;
v. Parking;
vi. Landscaping; and
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vii. Sustamable development.
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(4) The proposal provides elements that contribute !
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to a sense of community withm the development by includmg elements
such as front entry porches, common open space, and common buildings. i
(5) The structures proposed for the cottage housing i
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development are diverse in appearance, yet remain connected through ;
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use of architectural style, details, color, and materials.
(6) Examples of previous developments done by '
those Involved in the project and explanation of related experience.
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(7) Demonstration that the selected site for the i
cottage housing community supports Smart Growth techniques by i
providing accessibdity to commercial services, alternative transportation ~
modes, and recreational opportunities.
(8) Demonstration that neighborhood concerns have
been considered.
5. Upon receiving ali narratives required by Section 4(13)(3)(d),
the Cottage Housing Committee ("committee") shall convene to review ali
submitted proposals. The committee wi11 be made up of the following
members, or as otherwise appointed by the Planning Manager or
designee:
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(a) Planning and Economic Development Committee Chair; ,
(b) Land Use and Plannmg Board Chair;
(c) Planrnng Manager;
(d) Development Engineering Manager; and
(e) Economic Development Manager;
(f) Two citizens, who reside within the 'city limits, to be
appointed by the Pianning and Economic Development
Committee Chair.
6. Ail five members of the committee sha11 be present for a
decision to be made on selection of a proposal. From the proposals
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Cottage Housing Demonstration
submitted, the committee may select up to two (2) demonstration projects ;
that demonstrate exceptional design quality and consistency with the ~
selection criteria. If no proposals are submitted, or the proposals do not ~
meet the selection criteria, the timeline for proposal submittals may be I
extended another 180 days, as determined by the committee. Extensions '
beyond this period require City Counal approval. The committee's ~
decision in selectmg cottage housing developments to advance to the
formal application phase shail be in wnting and shall be the fmat decision
of the City.
7. Perm(t Process.
a. Once a proposal has been selected by the committee,
the applicant shal) have ninety (90) days to submit a formal application to
Planning Services. The applicant may request in writing a maximum
extension of three (3) months, subject to the approval of the Planning
Manager.
b. A formal application shall include the following items:
(1) A completed City of Kent application form;
(2) An environmental checklist (if applicable);
(3) A site p(an of the proposed development which
includes all appiicable items noted in the City of Kent DEVELOPMENT
ASSISTANCE BROCHURE #2; ~
(4) Drawings of the proposed cottage houses, ~
including building footprints, elevations, and floor plans. Design review for ~
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the buildings will be evaluated at this stage for consistency with the
cottage housing criteria;
(5) Tree Preservation Plan;
(6) Stormwater Technical Informafiion Report;
(7) Cntical areas studies, as reqwred by the City of
Kent Public Works Department; and
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Cottage Housing Demonstration
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(8) Narrative on how the project meets Low Impact
Development Standards, if applicable.
c. Appbcations for projects with nine (9) or less
residential lats shall be subject to the Process II Standards, as outlined in
Chapter 12.01 Kent City Code (KCC) for short plats. Applications for
projects with ten (10) or more lots shall be subject to the Process III
Standards, as outlined in Chapter 12.01 KCC for subdivisions. Applications j
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for candominium projects shall be processed in the same manner as a ,
short plat, as outlined in Process II in Chapter 12.01 KCC, m regards to
public notice, administrative approval, and validity.
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SECTION 5. - Development and Design Standards for Cottage
Housing Demonstratlon Pro,iects. Parameters identified in this section will i
apply to cottage housing demonstration projects only and will prevail if ~
they confhct with the regulations specified m Chapters 12 and 15 KCC. i
A. Development Standards.
Cottage Carriage'
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Max Urnt SizeZ 1,500 square feet 968 square feet '
For single Famdy zones• allowabie density is the same as the
underlymg zone, unless the Low Impact Devetopment (L1D) i
techniques listed in subsection B 10 of this section are
incorpurated, then 1.5 times the maximum number of dwellmg i
Density3,4 units allowed in the underlying zqne shall be permitted, up to 12 i
units per acre. !
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For multifamdy zones: ailowabie density is the same as the
underiying zone and LID techrnques Iisted in subsecfion 8.10 of
this section are required for cottage housmg developments '
Mimmum lot None
Size per unit
Max Floor 35
ed when included. in a
Area Ratio (FAR) Development SizeS Mm 6 urnts Tcolltot,4
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Max. 24 units ge pro
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Coltage Carriagel i,
Mirnmum cluster6 6 umts I
Maximum cluster 12 units
Parkmg Requirements7
1.8 spaces per urnt if on-street parkmg is provided, 2 if there is ~
(See subsection B.8 o no on-street parkmg j
this section)
Mirnmum Development Front. 20' I
Penmeter Setbacks6 Other• 10' ;
Maximum Impervious 50°o i
Surfaces9
Maximum Height 25', where mirnmum roof slope of 6•12 for all parts of the roo
above 18' are provided. Otherwise, 18'.
Tree Retenbon Standards contained in KCC 15.08.240 for Tree Retention shall
apply. Cottages shall be designed around sigrnficant trees.
Accessory Dweiling Not permitted as part of a cottage development.
Units (ADUs)
1 This housing type is only allowed where it is included in a cotta9e Prolect I
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and is counted towards the development density.
2 Any additions or increases in unit sizes after initial construction shall be
subject to the cottage housing development standards. Cottages may not
be more than one thousand (1,000) square feet on the main floor.
3 Existing detached dwelling units may remain on the subject praperly and
will be counted towards the density. Existing dwelling units shall be
remodeled to be consistent with the extenor architectural design elements
of the development. The dwelling unit may not exceed the existing square
footage or the maximum square footage aliowed for a new cottage,
whichever is greater.
4 When determining the maximum allowed number of units for a cottage
housmg development, the entire site area may be included in the
caiculation. If calculations result in a fraction, the fraction shall be
rounded to the nearest whole number as follows: fractions above one-half
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Cottage Housing Demonstration
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(1/2) shall be rounded up, fractions of one-half (1/2) and below shall be ~
rounded down.
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5 Carriage units may be included within a cottage housmg proposal,
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provided that the number of carnage units do not exceed twenty-five .i
percent (25%) of the total number of units m the project. ~
6 Ciuster size is intended to encourage a sense of community among ~
residents and the homes withm a cluster generally orient toward each ~
other, community open space, or pathways and are not separated by
- roads or critical areas. A development site may contain more than one
cluster, with a ciear separation between clusters. Furthermore, clusters
shall be connected via pedestrian pathway(s).
' Garages may count towards the parking count if, through a cavenant,
they are reserved only for the parkmg of vehicles.
e Per(meter setback areas are to be designated for landscaping, in .
accordance with subsection B.9 of this section.
9 Maximum lmpervious surface is calculated using the entire develapment
site. Lot coverage for individual lots may vary.
8. Design Standards.
1. Orientation of Dweiling Units. Dwellings within a cottage
housing development shali be clustered and homes withm the clusters
shail be oriented to promote a sense of community within the
development. The planning manager shall have the authority to waive or
modify specific requirements for dwelling unit orientation to insure this
intent is met and to allow for flexibility and innovation in design.
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a. Each dwelling unit shall have a primary entry and/or covered porch oriented to the common open space or pathway connecting
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to the common open space. i
b. Each dweiling unit abutting a public right-of-way (not j
inciuding alleys) shall incorporate fagade modulation, windows, and ~
roofline variations to avoid blank walis that orient to the public right-of- ;
way. (
2. Variatian in Unit Sizes, Buitding, and Site Design. Cottage ;
projects shall establish butlding and site design that promote variety and I
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visual interest.
a. Projects shall include a variety of unit sizes within a ~
single development.
b. Proposais shall provide a variety of building styles,
features, colors, and site design eJements within cottage housing
communities. Dwellings with the same combination of features and ~
treatments shall not be located adjacent to each other. Identical elements !
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shall not be repeated in more than twenty-flve percent (25%) of the
cottages in the development.
c. Design of carriage units shali be of similar character i
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with that of the cottages included in the project.
d. Cottages may not be more than one thausand (1,000)
square feet on the main floor.
3. Communitv Buildinas. Community buildings are required in ~
cottage developments.
a. Community buildings shall be at least five hundred
(500) square feet on the main floor and shall be of similar architectural ~
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character to the dwelling urnts.
' b. Building height for community buildings shall be the
same standard as for cottages. i
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c. Community buildings must be lacated on the same site ~
as the cottage housing development, and be commonly owned by the '
residents. ;
4. Storage Space. If garages are reserved only for the parking ~
of vehicles through a covenant, alternative storage space onsite shall be
provided. The development shali include thirty (30) square feet of storage .
space per dwelling urnt. The storage space shall be m one or more of the ~
following forms: I
a. Detached sheds, designed in similar character of that I
of the dwelling units. May be individual or shared sheds.
~ b. Storage space within the detached parking structures
(additional rooms, area for shelving, etc.) that does not conflict with the
parking of vehicles in the garages.
• c. Storage space within the dwelling unit, accessible only
through an external door.
d. Designated storage space attached to the community
building that is not counted towards the five hundred (500) square foot
minimum.
e. Other storage space options approved m writing by
Planning Services.
5. Required Common Open Space. Common open space shall
provide visual relief and a sense of community for cottage developments.
It must be located outside of critical areas and their buffers. The common
open space shall be of a general character similar ta single famfly
residential yard areas and provide similar opportunities for use. Elements ,
of the single family residential yard areas that may be included in the
common open space are lawns, community garden space, patio/seating,
and cooking areas, etc.
a. A minimum of 400 square feet of common open space per ;
dweiling unit shall be provided.
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Cottage Housing Demonstration
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b. Each area af common open space m each cluster shall be ~
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in one contiguous and usabte piece with a minimum dimension of twenty !
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(20) feet on all sides. '
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c. Required commfln open space may be divided into na i
more than one (1) separate area per cluster of dwellmg units. ~
d. Common open space shall be located in a centraliy located I
area and be easily accessible physicaliy and visual{y to alf dwellings within
the development.
e. Fences may not be located within or around required
common open space areas.
f. Landscapmg located in common open space areas shall 6e
designed to allow for easy access and use of the space by all residents, to
accommodate principles of Crime Prevention through Environmental
Design (CPTED), and to facilitate maintenance needs. Existing mature ;
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trees shall be retained in this area, as appropriate for site design. '
g. Unless the shape or topography of the site precludes the
ability to locate units adjacent to the common open space, the following
standards must be met:
(1) The open space shall be located so thafi it will be
surrounded by cottages or common buildmgs on at least three (3) sides;
(2) At least fifty percent (50%) of the units in the
development shall abut a comman open space. A cottage is considered to
"abut" an area of open space if there is no structure, road, or cnticai area
between the unit and the open space. '
6. Private Open Space.
(1) Each cottage unit must have a covered porch with a
minimum area of sixty-four (64) square feet per unit and a minimum
dimension of seven (7) feet on all sides. Porches shall be associated with
primary point of entry.
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Coitage Housing Demonstration
(2) Each carnage un(t shall have a deck or balcony,
oriented toward the common open space.
(3) In addition to porches, at least three hundred (300)
square feet of private, contiguous, usable open space adjacent to each
individual dwelling unit shall be provided to contribute positively to the
visual appearance of the development, promote dlversity in planting
materials, and utilize generally accepted good landscape design. The j
private open space shall be oriented toward the comman open space as '
much as possible and shall have no dimension less than ten (10) feet.
The private open space shall define private residences from common I
areas, trails, and parking areas. Fences surrounding these spaces shall be
a maximum height of three feet and shall be wrought iron, cedar split rail,
picket, or similar fencmg material. i
7, Pedestrian Fiow through Development. Pedestrian ;
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connections sha{I link all buildmgs to the: ~
a. Public right-of-way; ~
b. Common open space;
c. Parking areas; and
d. Other cottage clusters m the development.
The pedestrian walkways shall meet International Butldmg Code ,
requirements for accessibility.
8. Shared Detached Garages and SurfaCe Parking Design.
Parking areas shali be located so their visual presence and associated
noise are minimized, both within and outside the development. These
areas shall also maintain the smgle-family character along public streets.
a. Shared detached garage structures may not exceed
four (4) single-car garage doors per building. Carriage units are preferred
above these garage structures.
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Cottage Housing Demonstration ~
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b. For shared detached garages, the design of the
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structure must be of similar character to that of the dwelling units within j
the development. I
' c. Shared detached garage structures and surface parking ~
areas must be screened from streets outside the development and j
adjacent residential uses by landscaping or architectural screening. d. If garage structures are counted toward the required ~
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number of parking stalis, these structures shall be reserved through a j
covenant for the parking of vehicles owned by the residents af the
development. Storage of items which preclude the use of the parking ~
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spaces for vehicles is prohibited. I
e. Surface parkEng areas rnay not be located in rows of
more than six (6) spaces. Parking rows must be separated by a distance
of at least twenty (20) feet. 9. Landscaping. The intenfi of these landscaping requirements is
to enhance to overall appearance of the cottage housing development and
to give the developmenfi an appearance of establishment.
a. Cottage housin.g developments shall incorporate a
landscape master plan, designed and stamped by a professional landscape
architect, and inciude Che following elements: ~
(1) All landscaped areas (except that which is in
private open spaces) shall be densely planted with a variety of decorative
trees, shrubs, groundcovers, and other plants.
(2) Landscaping shall be located adjacent to all ;
pathways and common open spaces and shall screen parking areas.
(3) Perimeter setback areas shall be landscaped in a
manner that results m a dense landscape screen.
(4) Perimeter trees shall be maintained and
incorporated in the master landscape plan.
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Cottage Housing Demonstration
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(5) Landscaping shall be inciuded within private
open space, which shall be consistent with the overall landscape concept. ~
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(6) The iandscape design shall exhibit sensitivity to
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principles of Crime Prevention through Environmental Design (CPTED).
(7) Maintenance of landscaping (except that which is ~
in private open spaces) shall be the responsibility of the Homeowners' ~
Association. ~
b. Standards contained in KCC 15.08.240 for Tree
Retention shall apply. Cottages shail be designed around significant trees.
Within perimeter setbacks, all signiflcant trees which do not constitute a
safety hazard shall be retained.
10. Low Impact Development.
a. For single family zones, density bonuses will -on(y be
granted if all of the following low impact development (LID) techniques are met. LID techniques are not required if the proposal does not include a '
density bonus. LID techniques are required for cottage housing
developments in muttifamily zones. LID design standards shail be j
according to the 2005 Puget Sound Action Team f..ID Manual. ~
b. When the density bonus is applied or the project is '
located in a multifamily zone, the proposed site design shall incorporate
the use of LID strategies to meet stormwater management standards.
c. LID is a set of techniques that mimic natural watershed ,
hydrology by siowing, evaporating/transpirmg, and filtering water, which
allows water to soak into the ground closer to its source. The design shall
implement the foilowing objectives:
(1) Gradmg disturbance limited to roadway and
building pad preparation. Removal and compaction of tapsoils shall be
minimized and sviis may be amended to facilitate LID techniques. The
replacement of topsoils on all pervious areas disturbed by construction
shall be replaced.
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Cottage Housing Demonstration
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(2) Use of pervious materials for a fifty percent ~
(50%) af non-public driving and walking surfaces if soil type allows for ~
mfiltration.
(3) Treatment of stormwater in numerous small,
decentrali2ed structures, which include the use af multifunctional open
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drainage systems such as vegetated swales or filter strips which also help
to fulfill landscaping and open space requirements. ~
(4) Other options meeting the intent of this section
and appraved ln writing by Planning Services and Public Works.
11. Stormwater Reyulations. ,
a. The proposed site design shall meet al) applicabie
criteria from the 2002 City of Kent Surface Water Design Manual or
current manual adopted by the City of Kent. ~
b. Some sites, due to size or steeply sloping topography, ~
, may have special difficulty including a. stormwater detention pond in the
proposed site design. Vaults will be considered on a site by site basis for
stormwater detention and water quality with the following conditions,
(1) The vault access point(s) must be located in an
area that will already be planned for impervious surface.
(2) Water quality improvement and infiltration are
desired characteristics of stormwater detention facilities. Because vaults
eiiminate mf►Itration and potentially degrade water quality, the vault
design must be shown to not have a detrimental impact on water quafity,
and that an infiltration facility would not be feasible.
(3) The proposal must include an analysis of (ow
impact design techniques that will facilitate infiltrat(on outside the vault,
as included in the 2005 Puget Sound Action Team LID Manual.
(4) The stormwater system will be required ta be
maintained by a homeowner's association.
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Cottage Housing Demonstrarlon
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c. T-he special allawances for vaults in lieu of open water '
facilities for cottage housing demonstration projects do not nuilify the
requirements of the 2002 City of Kent Surface Water Design Manuai or j
current manual adopted by the City of Kent for other developments.
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SECTION 6. - Severabllity. If any one or more section, ~
subsections, or sentences of this ordinance are held to be unconstitutional I
or invalid, such decision shall not affect the validity of the remaining ~
portion of this ordinance and the same shall remain m full force and effect.
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SECTION 7. - Effective Date. This ordtnance shall take effect and ~
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be in force thirty (30) days frvm and after its passage as provided by law. ~
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Z C(?OKE, MAYOR ~
ATI'EST: I
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BRENDA JACOBER, C CLERK
APPROVED AS TO FOR :
Vw
TO BRUBA ER, CITY ATTORNEY
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Cottage Housing Demonstratfon
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PASSED: day of , 2008.
APPROVED: day of 2008• '
PUBLISHED: day of , 200$•
I hereby certify that this is a true copy of Ordinance No. -3E
passed by the Crty Council of the City of Kent, Washmgton, and approved '
by the Mayor of the City of Kent as hereon indicated.
c.o~~~~(SEAL)
; BRENDA ]ACOBE , ITY CLERK
P NGvNWrdnancelCOttsOeHarslnDDemoretrMion tla
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Coitage HousiRg Demonstration