Ordinance 09-032 Code Text Amendment CTA 05-09: Affordable Housing CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO.09-032
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, ADOPTING A NEW SECTION OF THE SPOKANE VALLEY
MUNICIPAL CODE, SPECIFICALLY 19.35 RESIDENTIAL DENSITY BONUS, TO
ESTABLISH DEVELOPMENT REGULATIONS THAT PROMOTE AFFORDABLE
HOUSING IN MF-1, MF-2, CMU, MUC, MUA, CC, AND CB DISTRICT ZONES BY
ALLOWING DENSITY BONUSES IN EXCHANGE FOR THE INCLUSION OF
AFFORDABLE HOUSING UNITS WITHIN THE DEVELOPMENT; AND AMENDING
APPENDIX A TO INCLUDE NEW DEFINITIONS AS NOTED HEREIN.
WHEREAS, the City of Spokane Valley (City) adopted the Uniform Development Code (UDC) pursuant to
Ordinance 07-015,on the 25th day of September, 2007; and
WHEREAS,the UDC became effective on the 28th day of October, 2007; and
WHEREAS,the adopted UDC does not provide the regulatory framework for bonus densities in exchange for
the inclusion of affordable housing; and
WHEREAS,such a regulation is authorized by RCW 36.70A.540; and
WHEREAS,a privately initiated text amendment was received by the City on July 23, 2009 proposing density
bonuses in exchange for affordable housing in MF-1 and MF-2 zoning classifications; and
WHEREAS, through a collaborative process, the applicant, the housing authority, and staff developed title
19.35 Residential Density Bonus, establishing the regulatory framework for bonus densities in exchange for
the inclusion of affordable housing; and
WHEREAS, the amendment is consistent with the goals and policies of the City's Comprehensive Plan,
specifically policy HP-1.3, stating that the City should establish development regulations and incentives for
greater diversity of housing types, costs and designs, that may include bonus incentives,. clustering, and
transfer of development rights; and
WHEREAS, after reviewing the Environmental Checklist, the city issued an Optional Determination of Non-
significance (DNS) for the proposal, published the DNS in the Valley News Herald, posted the DNS at City
Hall, and at the main branch of the library, and mailed the DNS to all affected public agencies; and
WHEREAS, the City provided a copy of the proposed amendment to the Department of Commerce initiating
a 60 day comment period pursuant to RCW 36.70A.106; and
WHEREAS, the amended ordinance as set forth bears a substantial relation to the public health, safety and
welfare and protection of the environment; and
WHEREAS, on October 1, 2009, the Planning Commission reviewed the proposed amendments; and
WHEREAS,the Planning Commission received evidence, information, public testimony and a staff report and
recommendation at a public hearing on October 8, 2009; and
WHEREAS, the Planning Commission deliberated on October 8, 2009 and subsequently provided a
recommendation; and
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WHEREAS,on October 13, 2009, Council reviewed the proposed amendments; and
WHEREAS, on October 27, 2009, Council considered a first ordinance reading to adopt the proposed
amendment.
NOW THEREFORE, THE CITY COUNCIL SPECIFICALLY ORDAINS AS SET FORTH BELOW:
SECTION ONE: Adopting Spokane Valley Municipal Code Section 19.35: SVMC 19.35 Residential Density
Bonus is adopted as follows:
Chapter 19.35
RESIDENTIAL DENSITY BONUS
Sections:
19.35.010 Purpose
19.35.020 General
19.35.030 Applicability
19.35.040 Density Calculations
19.35.050 Development Standards
19.35.060 Siting
19.35.070 Approval
19.35.080 Affordability Agreement
19.35.010 Purpose. The purpose of this chapter is to provide density incentives to residential
developments to help achieve consistency with the Growth Management Act, the City's Comprehensive Plan,
and countywide planning policies for Spokane County.
19.35.020 General. The provisions of this section are available, at the sole discretion of the property
owner, as incentives to encourage construction of housing affordable to low and moderate-income households
for new multifamily developments. In exchange for residential density bonuses, the applicant is required to
provide a well-designed project with additional amenities contributing to the quality of life for the residents.
19.35.030 Applicability. This chapter applies to MF-1, MF-2, CMU, MU, MUA, CC, and CB district
zones. Development incorporating affordable housing component may increase the dwelling unit density in
the underlying zone pursuant to section 19.35.040, rounded to the nearest whole number in accordance with
19.35.040, provided that required amenities and site design criteria are met. If the density bonus results in an
odd number of housing units, the odd unit must be applied as an affordable unit. Projects must be a minimum
of twenty units to be eligible for a residential density bonus.
19.35.040 Density Calculations.
A. New multifamily or mixed-use projects may provide affordable units as part of the project. One bonus
market rate unit is permitted for each affordable unit based on the following criteria:
1. Affordable housing units provided to families whose income is at or below 40 percent of
median income may increase the underlying base density by 40 percent.
2. Affordable housing units provided to families whose income is at or below 50 percent of
median income may increase the underlying base density by 30 percent.
3. Affordable housing units provided to families whose income is at or below 60 percent of
median income may increase the underlying base density by 20 percent.
4. Affordable housing developments may increase the underlying base density an additional 10
percent by providing one of the following:
a. LEED certification or equivalent
b. alternative energy
c. covered bus shelter
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d. underground parking
e. other amenities determined by the Director to provide comparative benefits.
5. Affordable housing developments may also increase their density by providing additional
amenities in the required useable open space:
a. benches and fountain—an additional increase of density up to 5 percent
b. playground apparatus—an additional increase in density up to 10 percent
c. sport court—an additional increase in density up to 10 percent
d. Indoor Recreational Facility—an additional increase in density up to 20 percent
e. other amenities determined by the Director to provide comparative design benefits
—additional increase shall not exceed 10 percent
6. Notwithstanding paragraphs 5(a-e), overall density of a project cannot increase by more than
60 percent of the underlying zone rounded to next whole number.
19.35.050 Development Standards.
A. The Director may allow the maximum building height to be exceeded by not more than 25 percent
pursuant to 19.140 of the SVMC
B. The Director may allow exceptions to yard setback requirements where the deviation is for 10 percent
or less of the required yard pursuant to 19.140 of the SVMC
C. In addition to the open space requirements of SVMC 19.40.020 developments receiving a density
bonus under this Chapter shall provide an additional 5 percent open space(total of 15 percent)to accommodate
the additional residents associated with the residential density bonus.
D. Site Design Criteria. All developments under this provision shall be subject to the following site
design criteria.
I. Natural amenities such as views, significant or unique trees, or grouping of trees, creeks,
riparian corridors, and similar features unique to the site shall be incorporated into the design.
2. Emphasize, rather than obscure, natural topography. Buildings shall be designed to "step up"
or"step down"hillsides to accommodate significant changes in elevation.
3. Projects shall have design continuity by using similar elements throughout the project such as
architectural style and features, materials, colors,and textures.
4. Placement of physical features such as play equipment shall be in visible locations to
maximize the ability to be seen, and therefore creating a safe environment that discourages
crime.
5. Parking structures shall be architecturally consistent with exterior architectural elements of the
primary structure(s); including rooflines, facade design, and finish materials.
6. Pedestrian pathways and pedestrian areas shall be delineated by separate paved routes using a
variation in paved texture and color, and protected from abutting vehicle circulation areas with
landscaping or other methods.
19.35.060 Siting. The affordable units constructed under the provisions of this chapter shall be included
within the parcel of land for which the density bonus is granted.
19.35.070 Approval. Prior to the issuance of any permit(s), the City shall review and approve the
location and unit mix of the affordable housing units consistent with the above standards as well as the
following standards:
A. If the affordable housing development has both affordable and market rate units, the affordable units
shall be floating units. A "Floating" designation provides the flexibility to maintain a certain number of
affordable units throughout the required period, allowing the specific units to vary with availability. The
floating units ensure that affordable units are indistinguishable from and interchangeable with market-rate
units;
B. The design and appearance of affordable housing units shall be compatible with the total housing
development and be consistent with design criteria outlined in SVMC 19.35.050(D);
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C. Affordable housing units shall have an equivalent bedroom mix consistent with the total housing
development; except that the developer may include a higher proportion of affordable housing units with more
bedrooms;
19.35.080 Affordability agreement. Prior to issuing a certificate of occupancy, an agreement in a form
acceptable to the City that insures compliance with the provisions of 19.35 of this code shall be recorded with
Spokane County Auditor's Office. This agreement shall be a covenant running with the land and shall be
binding on the assigns, heirs, and successors of the applicant.
Affordable housing units that are provided under this section shall remain as affordable for the life of the
project for rental affordable housing units.
SECTION TWO: The following definitions shall be added to Appendix A:
Affordable Housing: Where the term affordable is used, it refers to the federal definition of affordability
stating that annual housing costs shall not exceed one third of a family's annual income. When establishing
affordability standards for moderate to extremely low-income families and individuals the median household
income is the amount calculated and published by the United States Department of Housing and Urban
Development each year for Spokane County.
Recreational Facility, Indoor: A place designed and equipped for the conduct of sports and leisure-time
activities within an enclosed space. Examples include gymnasiums, amusement arcades, health and fitness
clubs, indoor tennis and racquetball courts, bowling alleys, and indoor swimming pools. This definition
excludes indoor sports arenas, auditoriums, and exhibition halls.
SECTION THREE: All other provisions of SVMC Title 19 and Appendix A (Definitions) not specifically
referenced hereto shall remain in full force and effect.
SECTION FOUR: Severability. If any section, sentence, clause or phrases of this Ordinance should be held
to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality
shall not affect the validity or constitutionality of any other section, clause, or phrase of this Ordinance.
SECTION FIVE: Effective Date. This ordinance shall be in full force and effect five (5) days after the
publication of the Ordinance, or a summary thereof, occurs in the official newspaper of the City as provided by
law.
Passed by the City Council this 17'h day of November, 2009.
ATE hard M. Mun e , Mayor
pBainbridge, ity Clerk
Approve d as o Form:
O fic.ohe
City A rney
Date of Publication:
Effective Date: f - Y
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