2020, 12-10 Agenda PacketSpCITY6ene(W
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Spokane Valley Planning Commission
Regular Meeting Agenda
City Hall Council Chambers, 10210 E. Sprague Ave.
December 10, 2020, 2020 6:00 p.m.
1. PLEASE NOTE: Meetings are being held electronically in response to Governor Inslee's
March 24, 2020 Proclamation concerning our recent State of Emergency, which waives and
suspends the requirement to hold in -person meetings and provides options for the public to
attend remotely.
2. Public wishing to make comments will need to email planninaRmspokanevalley.orQ prior to
4:00 Pm the day of the meetint? in order to be to speak during the comments period during
the meeting. Comments can also be emailed. Send an email to Planning awspokanevalley.org
and comments will be read into the record or distributed to the Commission members
through email.
3. Link to Zoom Meeting information:
littps://spokaiieval ley.zoom.us/i/93950793161
One tap mobile
US: +13462487799„939507931619 or+16699006833„93950793161#
Dial by your location
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Meeting ID: 939 5079 3161
4. CALL TO ORDER
5. PLEDGE OF ALLEGIANCE
6. ROLL CALL
7. APPROVAL OF AGENDA
8. APPROVAL OF MINUTES: November 12, 2020
9. COMMISSION REPORTS
10. ADMINISTRATIVE REPORT
11. PUBLIC COMMENT: On any subject which is not on the agenda.
12. COMMISSION BUSINESS:
a. Information: Planned Residential Developments
13. FOR THE GOOD OF THE ORDER
14. ADJOURNMENT
Meeting Minutes
Spokane Valley Planning Commission
Council Chambers — City Hall
November 12, 2020
I. Chairman Johnson called the special meeting to order at 6:00 p.m. The meeting was held
remotely via ZOOM meeting.
II. Commissioners, staff and audience stood for the pledge of allegiance.
III. Administrative Assistant Taylor Dillard took roll and the following members and staff were
present:
Fred Beaulac
Karl Granrath
Walt Haneke
James Johnson
Danielle Kaschmitter
Bob McKinley
Sherri Robinson
Erik Lamb, Deputy City Attorney
Jenny Nickerson, Building Official
Bill Helbig, City Engineer
Taylor Dillard, Administrative Assistant
Marianne Lemons, Office Assistant
IV. AGENDA: Commissioner Kaschmitter moved to approve the November 12, 2020 meeting
agenda as presented. There was no discussion. The vote on the motion was seven in favor,
zero against and the motion passed
V. MINUTES: Staff noted a correction on page 4, paragraph 3, sentence 4 of the minutes. The
number of trips was corrected from 30 trips to 20 trips. Commissioner Kaschmitter moved to
approve the November .5, 2020 minutes as corrected by staff. There was no additional
discussion. The vote on the motion was seven in favor, zero against and the motion passed.
COMMISSION REPORTS: There were no commission reports.
ADMINISTRATIVE REPORT: There was no administrative report.
PUBLIC COMMENT: There was no public comment.
COMMISSION BUSINESS:
a. Findings Of Fact: STV-2020-0002: A privately initiated street vacation for a portion
of East Montgomery Avenue & Bessie Road.
Planner Connor Lange reminded the Planning Commission the findings support the
decision to recommend approval to the City Council of STV-2020-0002 based on the
deliberations that were held on October 22, 2020.
11-12-2020 Planning Commission Minutes
Page 2 of 2
Commissioner Kaschmitter moved to approve the Findings of Fact for STV-2020-0002 as
presented. There was no discussion. The vote on the motion was seven in favor, zero
against and the motion passed.
b. Findings Of Fact: CTA-2020-0005 — Impact Fees For The South Barker Road
Corridor
Deputy City Attorney Erik Lamb reminded the Planning Commission that findings
support the decision to recommend approval of CTA-2020-0005 regarding impact fees
for the South Barker Road Corridor to the City Council.
Commissioner Kaschmitter made a motion to approve the Findings of Fact for CTA-
2020-0005. There was no discussion. The vote on the motion was seven in favor, zero
against and the motion passed.
X. GOOD OF THE ORDER: Commission Kaschmitter stated that her Planning Commission
term is up at the end of 2020 so her last meeting will be in December. Chairman Johnson
stated that he will be resigning his position on the Planning Commission at the end of 2020
so his last meeting will also be in December. They both thanked the Planning Commission
members, the staff, and the community for allowing them to serve. Commissioner Haneke
commented that his term will be up in December but he would like to request reappointment
for another term
XI. ADJOURNMENT: Commissioner Kaschmitter moved to adjourn the meeting at 6:21 p.m.
There was no discussion. The vote on the motion was seven in favor, zero against, and the
motion passed.
James Johnson, Chair Date signed
Deanna Horton, Secretary
2
CITY OF SPOKANE VALLEY
Request for Planning Commission Action
Meeting Date: December 10, 2020
Item: Check all that apply ❑ old business ❑ new business ❑ public hearing
® information ❑ study session ❑ pending legislation
FILE NUMBER: CTA-2020-0006
AGENDA ITEM TITLE: Planned Residential Developments - Chapter 19.50 SVMC Overview
DESCRIPTION OF PROPOSAL: City initiated code text amendment to review, amend, modify, and/or repeal Chapter
19.50 of the Spokane Valley Municipal Code (SVMC) for consistency with the Comprehensive Plan.
GOVERNING LEGISLATION: SVMC 17.80.150, SVMC 19.30.040 and RCW 36.70A.106; SVMC 19.50
BACKGROUND: As part of the 2020 Comprehensive Plan Amendment process, the City initiated an amendment to
amend the goals and policies for alternative housing types with regulatory changes that included establishing the R-4 zone
and the implementing regulations. The amendment was intended to address citizen concerns regarding the influx of duplex
developments and develop appropriate locations for higher density alternative housing. The implementing regulations
established the R-4 zone in areas supported by transit and services that support denser housing and housing affordability.
Additionally, higher density housing types, such as cottages and townhomes were prohibited in the R-3 zone, but allowed
in the R-4 zone. Duplex lot sizes in the R-3 zone were increased to be compatible with neighborhood character.
On November 1711, in response to citizen complaints, Council directed staff to review Chapter 19.50 SVMC to insure that
the Planned Unit Residential Development regulations were consistent with the intent of CPA-2020-0007 and implementing
regulations and identify any "loop holes". On November 24, 2020 Council adopted Ordinance 20-028 establishing a
moratorium on submission, acceptance, processing, modification, and approval of Planned Residential Developments. The
moratorium has no effect on applications currently under review, but prohibits new applications from being considered
while chapter 19.50 SVMC is under review by the City.
Staff will present an overview of the current PRD regulations under chapter 19.50 SVMC. An additional study session on
proposed amendments to chapter 19.50 SVMC will be presented in early 2021.
RECOMMENDED ACTION OR MOTION: No action recommended at this time.
STAFF CONTACT: Lori Barlow, Senior Planner
ATTACHMENTS:
1. Chapter 19.50 SVMC; and
2. Presentation.
RPCA Study Session for CTA- 2020-0006 Page I of 1
Planned Residential Developments
(PRD's)
Chapter:19.50 Overview
CTA-2020-0006
December 10, 2020
Lori Barlow, AICP, Senior Planner
Sp6koaneCITY 000*
Planning Context
® Comprehensive Plan
— LU-P1 Enable neighborhood -scale commercial uses in residential areas
— LU-P4 Enable the creation of common open spaces in neighborhoods
— LU-P13 Work collaboratively with landowners/developers that seek to provide mixed -use residential projects.
— LU-P14 Enable a variety of housing types.
— H-G1 Allow for a broad range of housing opportunities to meet the needs of the community.
— H-P2 Adopt Development Regulations that expand housing choices by allowing innovative housing types
including tiny homes, ADU's, pre -fabricated homes, co -housing, cottage housing, and other housing types.
— Strategies: Continue to evaluate new housing typologies to meet market needs
® PRD's implementinaF regulations - Chapter 19.50 SVMC
Purpose
— Permitted Uses
— Development Standards
Administration
Where Permitted
Relationship to other SVMC provisions
Open space standards
Homeowners or Property Owners Association required
19-50-010 Purpose
® Encourage imaginative design and the creation of permanent
open space by permitting greater flexibility in zoning
requirements than is generally permitted by other sections of
the SVMC;
® Preserve or create environmental amenities superior to those
generally found in conventional developments;
® Create or preserve usable open space for the enjoyment of
the residents;
® Preserve, to the greatest extent possible, the natural
characteristics of the land including, but not limited to,
topography, natural vegetation, waterways, and views;
■ Encourage development of a variety of housing types; and
® Provide for maximum efficiency in the layout of streets, utility
networks, and other public improvements and infrastructure.
12/3/2020
Where Permitted SVMC 19.50.020
® Where
-- All residential zones
R-1
R-2
R-3
R-4
MF
12/3/2020
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— Arterials
Appleway Trail
- - Centennial Tmg
Uses allowed SVMC 1.9.50.030
® Permitted Uses
-- Uses permitted in the
underlying zoning
district;
Residential
developments of all
types as defined by
Chapter 19.50 SVMC;
and
As a secondary use,
uses permitted in the
Neighborhood
Commercial zoning
district may be permitted
in a PRD of 10 acres or
larger
Residential Zones
Residential Use
R-1
R-2
R-3
R-4
MFR
PRD
Single-family
P
P
P
P
P
P
Duplexes
P
P
P
P
Town house
P
P
P
Cottages
P
P
P
Multi -family
P
P
Neighborhood
Commercial
P
P = Permitted Use
Development Standards SVMC 19-50.060
® Site Acreage Minimum = 5 acres.
® Development Standards that Do Not apply:
Minimum Lot Size
— Setbacks or Side Yards Between Buildings.
— Density. 20% density increase possible
® Development Standards that Do apply:
— Lot Coverage.
— Setbacks from the exterior PRD boundary line
shall be comparable to or compatible with
those of the existing development of adjacent
properties
— Off-street Parking Standards
® Landscaping Required. All common open space
shall be landscaped; Natural landscape features
preserved.
® Commercial area allowed is equal to 50 sf/DU
12/3y' Pdn the PRD
Table 19.70-1 - Residential Standards
R-1
R-2
R-3
R-4
MFR"1
Front and Flanking Street Yard
Setback
35'
15'
15,
15'
151. -
Garage Setback(`)
35'
20'
20'
20',
20'
Rear Yard Setback
20'
20'
10'
10,
10,
Minimum
Side Yard Setback
5'
S'
'S
5'
S'
Open Space
N/A
N/A
N/A
N/A
10%gross
area(3)
Lot Size
40,000 sq."
10,000 sq.
5,000 sq.
ft. (6)
4,300 sq.
ft.
N/Air)
Lot Coverage
30.0%
50.0%
50.0%
60.0%
60.0%
Maximum
Density
1 du/ac
4 du/ac
8 du/ac
10 du/ac
22 du/ac
Building Height (5)
35'
35'
35'
35'
50'
• Minimum area required: 30 % of the gross PRD area
• Accessible to all PRD residents and located within reasonable walking
distance without barriers
• Types of Open Space.
• Greenbelts
• Active or passive recreational activities
• Areas protecting critical areas; or
• Aesthetic amenity such as boulevard trees
• Note: 30 — 50% of the required open space area shall be suitable
for active recreation.
• Open space area shall not include:
• Private Accessory buildings and areas;
• Public rights -of -way, private streets, driveways, parking areas,
loading or storage areas, or setback areas;
• Floodplain (100-year), flood -prone areas, drainage easements,
natural drainage areas, or creeks.
• Stormwater facilities may be allowed as open space if criteria is met.
• Maintenance and operation shall be the responsibility of the HORs
12/3/2020
• The City may choose to
accept dedication,
maintenance, and
operation responsibilities
if at least one criteria is
met:
• Is greater than 10
acres;
• Is adjacent to an
established or future
City park or school
grounds;
• Is an access to a
body of water greater
than three acres in
size; or
• Is a critical area.
PRD Review Process
Application
Submitted
• Preapplication
meeting required
• Determined
Complete
12/3/202o
SEPA
• Review Checklist
• Issue Threshold
Decision
Public Notice
• Sent to Property
owners within
400'
• Published in
Newspaper
• Posted on Site
Public Hearing
• Staff Analysis and
Recommendation
• Applicant Burde'
of Proof
• Public Testimony
Hearing
Examiner
Decision
PRD Examples - Current
Applications
Painted Hills PRD
A mix of Cottages, Single Family
and multifamily dwellings with
commercial
Application date: July 24, 2015
8th and Long PRD
A mix of single family, a
duplex and town houses
■ Application date: July 29, 2020
Note: These applications are vested under the current regulations and would not beeffectedby a CTA. `'
2020 Comprehensive flan Amendments
CPA-2020-0007
Ord #'s 20-008 and 20-009
(Effective Sept. 23, 2020)
Objective of Amendment
.-_ Address concerns of residents
about influx of duplex
developments and locations for
alternative housing
Provide areas for denser housing
supported by transit & services
— Increase housing affordability
New Housing Policies Added
H-P5 Enable a variety of housing
types at increased densities within
1/2 mile of funded high
performance transit networks
-- H-P6 Preserve and enhance the
city's established single-family
neighborhoods by minimizing the
impacts of more dense housing
typologies such as duplexes and
cottage developments.
CPA-2020-0007: Zoning Code Changes - Map
s s . ;
06/25/2020
E Mits ion
Aire
Vth
_T
�.. Ave
E 16th
Ave
Z 'D
$M IX
1,218 acres rezoned to R4
57 acres vacant
67 acres partially used
496 net housing units
1,240 net residents
Recent City Council Action
® November 17, 2020
— Council directed staff to review the PRD
regulations
® November 24, 2020
— City Council adopted Ordinance 20-028
— Established a moratorium on submission,
acceptance, processing, modification, and
approval of P R D's;
— Concerned that the range of housing allowed
within the PRD regulations is inconsistent and
incompatible with surrounding existing uses in
single family zoning districts.
® Next Steps
— Council Public hearing on Moratorium scheduled
for Jan. 5, 2021;
— City Initiated Code Text Amendment to review
chapter 19.50 SVMC
First study session 12-10-2020
12/3/2020 Additional study sessions in early 2021
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 211.0211
AN I:A11:111GENCY ORDINANCE OF TIIE CITY OF SPOKANE VALLEY, SPOKANE
COUN'1'1', WASOINGTON, AVOI-FING AN 101511:DIA'IE MORATORIUM ON
ti I111AIISSION, ACCri,TANCV, PRO( :SSING, AIOIIIFIC.ATION, AND APPROVAL
(1F I'I.A.NN" HYSIDENTIAL DLNTI.01TIF.NT PERMIT AI'PLICAI IONS,
I.NIAIIIJSII1NG A WORK I'LAN, SF.T'I'IN(; At' IIt1.IC' IIF.ARLNG, I) :CLAltlNG AN
l:.111:I11:Y.Nf:1' IIN( : IA1A11:11I.\'1'1: Alll)I'f1ON OF A MURA'IORIIIM.
AND OTI IVR MATTERS RFI.ATING'fl 11:107YO.
W IIRRLAS, in 201 G, Ole City of Spokii,. Valley (-City') udoi t d its 2016 Cmnpmlwuive Plnn
I.cgiBn,i,c I1pJale("Icgislali,c IIpJaR'")and implermn,ing mgulatinns. The Caysignificantlyinc awd
Ikxibilily in d—1 p,nrnl options within the Cil)• by Blowing liu mom diverse pa.i,lyd types of
Jcvdoprmmt wid,in —1, miring di.ia w1d, fewar design and 1-1.pot— —ktiwu while still
, ahnnilling the vw,e Mn tiwta f -,ming nclgl,b,ahwB, and ,t wz Iy i—q,onidng tnrtsiliond
srmndards a,uf=ing.anyamasnfthe C'ily. The2016C..p.h.mim I'[-ku idesspecir. goelsaml
pdkk,1 supp,n amh.tk.x, i.I ding, lnn nut Iimil.d lu I.11•GI ("Mainmin asJ enhance,h.charaaa
arB gtmlily of lif. in Sp,k.ne Volley'), 1.11.1.7 ("Pnxm, reiJnniul n.ighhnluzds fnm, in—pmibk Iam1
.s a,.I mlverxe. impacts lnw,eimnl wkh t—r—timl c.rti,k.'), and I.1I-PIG C'Mnximi. the k—ily
ofdevclnpnlem.Inng majw Densit cartkkns.nd nmrI.n,il centers and camnt 61 uses"1;end
W III:RrAS, av pan of 1W 2020 C'mnpehe.ivc {'tun.nrrndmatls, tlu:City ndnlzal pdicka I I.1'S
("Gsbka vnndy.r1—ioStyp .tinu ddensiti—bbin'/. mile offutd<d high pert .,.roil
rmremA.y m'd I1-1'6 (`I'msaw: m,d ado— ,he (City'. s -n.bli hcd single-family r21-1.,1". by
,iniroiaing 0,e ingacls of,rmm denw homing ty7"dog7es —1, m duplexes nnj anmge Jcvclnpnnpi) to
tlnthrr expend nuti,. housing,ypt, fo- es,ablivhcA >ingledmnily r,eiphWrl.uds mare., closer to
cstahlishad ..ices ntteaenry to sulM'nn thou housing types; and
WI IEREAS, m impk..m the 2020 C-mnpmhrnsi,•. Pho, nmrndmems, the City ndopcd
zinglc•fnmily ranting dinria hk-Milied as "R-I %ma,g" to allow for vk ifio,ul ,kroi,y, k,.k,-,,,
Rexibility,.nd noun allrntmivc hansing lyp.s, including Jupl.zc,. mwnhnuses, and rn,lagn within such
and un,andcd Ihc• %w,ing Map ru pn 4k, Gn the hsalitin 11 new R4 rune. The Cily--dot
all.able useswithin tM c<Mng"K.3"singk-family inning diaw, c—ge fonherdensity growth
in itm R4 rune„ Itae Irmnil .rod sa,isa are mmlily ac—ibk: and
WHEREAS. IIw! Cily h., pn-riwnly Wopal its "Pb—d Rcskkniu1 V-1opment" ("PRIY)
mgulu,i.s s Y Ibnh in chap. I9.50 SVMC. 1'unum,t to SVAIC 19.50,010, We PRO tegul.tiwts were
inlrndnl la "(e(nnw.y,. inu,ginnrivc Jcsiyl, and the crv,i,nl of p,muuent open sRn. Fry prnnil,ing Planet
fkxihilayininniragrequi..entsibmisgcncmllypenniucdby'S sectionsuf,h.SVMC;(plmnav<m
rear. oiob madelamenitica supaiurto Ilmaegerwmlly Plot
—,I.,fl ,kv.1--D;k(mBew
pcvn tmblc open slam hu ,hc .njoymcm of the resi,L.Is; (pkeae e, u, Ur grcmen ex,cnl pnssilk.
lhr ram.) cMmctcristin of the I.nd including, het rm, IimiW .. lapug.phy. ii.—I vcgcmlion.
1 wa,erways, and view; (ejtmnucage J_I.P enl of a variety of housing types; and (pjrorido for...i unt
a 0116 • io llm inynul ofs'—i,u,ility ra.orks, nndwha public in,pnnnnnmand infrnslrmmrc";and
4
WI IEREAS. the City has ra 6e W..Ip —cd spplic.,ions lir PROSE rrmd,i•Iamilyando,ha
u, 1.1ibiu — wi0,io singk•family inning districts. 'Ow City I,ac,n:viveJ ,idum cwnpluinD,lut such
u,rs midan nml insangwtihR wi,h snrtwmJing exiting mcs and ram cun,mry In the inl—Iod
pnlws.nfOw20161:'ampcltanivc PLin 1<gislmive Updmc(including. N. rm[ Ihni,ed to LIMiI, LU•1'7,
Lll-PI6), 2020 Cranpeh—iv. Ilan nmrndntans (11.115 end 11.1'6), sod in,pkmenting e-.kp..t
mgulalk n,; —I
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1_ 2
Spokane Valley Municipal Code Chapter 19.50 PLANNED RESIDENTIAL DEVELOPMENTS Page 1 of 7
Chapter 19.50
PLANNED RESIDENTIAL DEVELOPMENTS
Sections:
19.50.010 Purpose.
19.50.020 Where permitted
19.50.030 Permitted uses.
19.50.040 Relationship to other SVMC provisions
19.50.050 Development standards
19.50.060 Open space standards
19.50.070 Administration.
19.50.080 Homeowners' or property owners' association required
19.50.010 Purpose.
It is the purpose of Chapter 19.50 SVMC to:
A. Encourage imaginative design and the creation of permanent open space by permitting greater flexibility in
zoning requirements than is generally permitted by other sections of the SVMC;
B. Preserve or create environmental amenities superior to those generally found in conventional developments;
C. Create or preserve usable open space for the enjoyment of the residents;
D. Preserve, to the greatest extent possible, the natural characteristics of the land including, but not limited to,
topography, natural vegetation, waterways, and views;
E. Encourage development of a variety of housing types; and
F. Provide for maximum efficiency in the layout of streets, utility networks, and other public improvements and
infrastructure. (Ord. 16-018 § 6 (Att. B), 2016).
19.50.020 Where permitted.
Planned residential developments (PRDs) are permitted in all residential zoning districts in the City. (Ord. 16-018
§ 6 (Att. B), 2016).
I he Spokane Valley Municipal Code is current through Ordinance No. 20-021, passed November 10, 2020.
Spokane Valley Municipal Code Chapter 19.50 PLANNED RESIDENTIAL DEVELOPMENTS Page 2 of 7
19.50.030 Permitted uses.
The following uses are permitted in a PRD; provided, that they meet the standards and criteria established in
Chapter 19.50 SVMC:
A. Those uses permitted as a matter of right in the underlying zoning district;
B. Residential developments of all types as defined by Chapter 19.50 SVMC; and
C. As a secondary use, uses permitted in the Neighborhood Commercial zoning district may be permitted in a
PRD of 10 acres or larger. (Ord. 16-018 § 6 (Att. B), 2016).
19.50.040 Relationship to other SVMC provisions.
A. SVMC Title 19, Zoning Regulations. The provisions of Chapter 19.50 SVMC pertaining to land use of the
underlying zoning district shall govern the use of land in a PRD. The specific setback, lot size, height limits, and
other dimensional requirements are waived and the regulations for PRDs shall be those indicated in SVMC
19.50.050.
B. SVMC Title 20, Subdivision Requirements. A PRD shall be exempt from the specific design requirements of
SVMC Title 20 except that when any parcel of land in a PRD is intended for individual ownership, sale, or public
dedication, the subdivision and procedural requirements of SVMC Title 20 and applicable state laws pertaining to
subdivision, conveyance of land, and the preparation of maps shall be followed.
C. Chapter 17.80 SVMC, Permit Processing Procedures. A PRD is a Type III permit type and shall require a
public hearing before the hearing examiner consistent with the provisions of Chapter 17.80 SVMC. (Ord. 16-018
§ 6 (Att. B), 2016).
19.50.050 Development standards.
The following standards shall govern the administration of Chapter 19.50 SVMC:
A. Relationship of PRD Site to Adjacent Areas. The design of a PRD shall take into account the relationship of
the site to the surrounding areas. The perimeter of the PRD shall be designed to minimize adverse impact of the
PRD on adjacent properties and, conversely, to minimize adverse impact of adjacent land use and development
characteristics on the PRD.
B. Site Acreage Minimum. The minimum site shall be five acres.
C. Minimum Lot Size. The minimum lot size provisions of other sections of the SVMC do not apply in a PRD.
D. Density. The hearing examiner may authorize a dwelling unit density up to 20 percent greater than that
permitted by the underlying zone, rounded to the nearest whole number.
Fhe Spokane Valley Municipal Code is current through Ordinance No. 20-021, passed November 10, 2020.
Spokane Valley Municipal Code Chapter 19.50 PLANNED RESIDENTIAL DEVELOPMENTS Page 3 of 7
E. Maximum Coverage. Lot coverage shall not exceed the percentage permitted by the underlying zone.
F. Landscaping Required. All common open space shall be landscaped in accordance with the landscaping plan
submitted by the applicant and approved by the hearing examiner. Natural landscape features which are to be
preserved, such as existing trees, drainage ways, rock outcrops, etc., may be accepted as part of the
landscaping plan.
G. Setback and Side Yard Requirements.
1. Setbacks from the exterior boundary line of the PRD area shall be comparable to or compatible with
those of the existing development of adjacent properties, or, if adjacent properties are undeveloped, the
type of development which may reasonably be expected on such properties given the existing zoning.
2. Setbacks or Side Yards Between Buildings. The standard setbacks and yard requirements between
buildings may be waived in a PRD. Buildings may have common walls.
H. Off-street parking shall be provided in accordance with Chapter 22.50 SVMC, Off -Street Parking and Loading
Standards.
I. Secondary Use Limitations.
1. Commercial uses shall comply with Chapter 19.130 SVMC, Site Plan Review. Site plans shall be
included in the application for the PRD;
2. The gross floor area of the commercial use shall not exceed the product of 50 square feet multiplied by
the number of dwelling units within the development; and
3. Construction of at least 35 percent of the residences in the PRD shall be completed before issuing any
building permits for the construction of commercial uses, except this shall not prohibit a sales office. (Ord.
16-018 § 6 (Att. B), 2016).
19.50.060 Open space standards.
Each PRD shall dedicate at least 30 percent of the gross land area for common open space for the use of its
residents. Common open space areas shall meet the following criteria:
A. Location. The open space shall be entirely within the PRD and within reasonable walking distance of all
dwelling units in the PRD. Where practical, the common open space shall be located adjacent to other
established or planned park and recreational areas in adjacent developments, schools, or City parks; provided,
that such dedication would increase the overall benefit to the residents of the PRD and conform to other criteria
in SVMC 19.50.060.
The Spokane Valley Municipal Code is current through Ordinance No. 20-021, passed November 10, 2020.
Spokane Valley Municipal Code Chapter 19.50 PLANNED RESIDENTIAL DEVELOPMENTS Page 4 of 7
B. Access. All dwelling units within the PRD shall have legal access to the proposed common open space at the
time of final PRD approval. Private or access streets, trees, or other landscaping may separate the common
open space area; however, access may not be blocked by major obstacles such as arterial, collector streets, or
significant natural features such as rivers, streams, or topographic features. Active recreational open space
areas shall have reasonable access from street frontages.
C. Types of Open Space.
1. Land dedicated for open space shall be usable for either greenbelts that serve as a buffer between land
uses, using existing vegetation, or an aesthetic amenity such as boulevard trees, active recreational
activities, or for protecting critical areas.
2. Except as provided in SVMC 19.50.060(C)(4), a minimum of 30 percent of the required common open
space area shall be suitable for active recreation. The topography, soils, hydrology, and other physical
characteristics of the active recreation area shall provide a dry, obstacle -free space in a configuration
which is suitable for active recreation.
3. The percentage of active recreational areas may be increased to as high as 50 percent if it is determined
that anticipated recreational needs require a larger percentage. In increasing this percentage, the following
standard shall be used: the ratio of one acre to 125 residential units.
4. The percentage of active recreational area may be decreased to as low as 15 percent if it is determined
that:
a. Inclusion of buffers or critical areas better meet the open space needs of the residents of the PRD;
or
b. A higher percentage would lead to the detrimental grading or other disturbance of the natural setting.
D. Open space area shall not include:
1. Accessory buildings and areas reserved for the exclusive use and benefit of an individual tenant or
owner;
2. Public rights -of -way, private streets, residential driveways, parking areas, loading or storage areas, or
setback areas;
3. Floodplain (100-year), flood -prone areas, drainage easements, natural drainage areas, or creeks.
E. Implementation. The open space area shall be dedicated in common to the property owners within the plat or
to a property owners' or homeowners' association. Maintenance and operation of the open space shall be the
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Spokane Valley Municipal Code Chapter 19.50 PLANNED RESIDENTIAL DEVELOPMENTS Page 5 of 7
responsibility of the property owners' or homeowners' association.
1. The City may choose to accept dedication, maintenance, and operation responsibilities when the
common open space area is in the public interest and complies with at least one of the following:
a. Is greater than 10 acres;
b. Is adjacent to an established or future City park or school grounds;
c. Is an access to a body of water greater than three acres in size; or
d. Is a critical area.
2. The dedication shall be identified on the PRD plan.
F. Improvements. The following improvements to the open space area may be required prior to final approval of
the PRD:
1. Removal of construction debris and hazards; and
2. Rough grading and estab►ishment of grass cover over those portions of the site suitable for playfields.
G. Equivalent Facilities. When proposed open space areas do not meet the criteria for dedication in Chapter
19.50 SVMC, such land may be improved by grading, filling, landscaping, or with installation of recreation
equipment so as to be equivalent in result to the intent of Chapter 19.50 SVMC. The city manager or designee
shall determine if the proposal is equivalent based on the following guidelines:
1. The proposed land and improvements shall create recreational opportunities generally equivalent to or
greater than the land required for the residents within the PRD; and
2. The proposed land and improvements shall not significantly disturb or alter a critical area, unless
otherwise allowed by the City.
H. Stormwater Facilities. Stormwater facilities may be allowed by the City as open space subject to the following
criteria:
1. The stormwater facility shall drain fully within 72 hours after a storm event unless the facility is designed
as an aesthetic amenity;
2. The side slope of the stormwater facility shall not exceed 3:1 unless slopes are existing, natural, and
vegetated;
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Spokane Valley Municipal Code Chapter 19.50 PLANNED RESIDENTIAL DEVELOPMENTS Page 6 of 7
3. If the stormwater facilities are located adjacent to or near a natural, year-round stream or wetland, these
systems shall be left in natural or near -natural condition;
4. The stormwater facilities shall be landscaped in a manner which is both aesthetic and able to withstand
the inundation expected;
5. The stormwater facility shall not be fenced or otherwise rendered unsuitable or unavailable for recreation
use during dry weather; and
6. In the case of joint use of open space for stormwater and recreation, the homeowners or homeowners'
association shall be responsible for maintenance of the stormwater facilities.
I. Rights and Duties. The owners of open space shall have the following rights on the common open area,
subject to restrictive covenants or other restrictions:
1. The right to locate recreational facilities, such as tennis courts, swimming pools, picnic tables, and
fireplaces (accessory to picnic tables) for the exclusive use of residents of the PRD and their guests;
2. The right to locate pedestrian, bicycle, and bridle paths;
3. The right to protect and maintain the common space area or to correct a hazardous condition posing a
threat to life or limb;
4. The right to regulate access to the open space land and the duty to maintain it. (Ord. 17-004 § 3, 2017;
Ord. 16-018 § 6 (Att. B), 2016).
19.50.070 Administration.
A. Building permits and other required permits for the development of property under the provisions of Chapter
19.50 SVMC shall be issued only when, in the opinion of the city manager or designee, the work to be performed
meets the requirements of the final plan and program elements of the PRD.
B. Minor and Major Adjustments.
1. Minor adjustments may be made and approved by the city manager or designee when a building permit is
issued. Minor adjustments are those which may affect the precise dimensions or siting of buildings, but
which do not affect the basic character or arrangement of buildings approved in neither the final plan, the
density of the development, nor the open space requirements. Such dimensional adjustments shall not vary
more than 10 percent from the original.
2. Major adjustments are those which, in the opinion of the city manager or designee, substantially change
the basic design, density, open space or other requirements of the PRD. When, in the opinion of the city
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Spokane Valley Municipal Code Chapter 19.50 PLANNED RESIDENTIAL DEVELOPMENTS Page 7 of 7
manager or designee, a change constitutes a major adjustment, a building, or other permit shall not be
issued without prior review and approval by the hearing examiner of such adjustment.
C. Parties Bound. Once the preliminary development plan is approved, all persons and parties, their successors,
heirs, or assigns, who own, have, or will have by virtue of purchase, inheritance, or assignment, any interest in
the real property within the proposed PRD, shall be bound by the conditions attending the approval of the
development and the provisions of Chapter 19.50 SVMC. (Ord. 17-004 § 3, 2017; Ord. 16-018 § 6 (Att. B), 2016).
19.50.080 Homeowners' or property owners' association required.
In a PRD, a property owners' or homeowners' association shall be established for the purpose of ownership,
maintenance, and management of open spaces, common areas, and private streets as required by the
provisions of the SVMC. (Ord. 16-018 § 6 (Att. B), 2016).
I he Spokane Valley Municipal Code is current through Ordinance No. 20-021, passed November 10, 2020.