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Ordinance 04-046 Amends Ordinance 03-053 Planned Unit Developments CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 04-046 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, AMENDING ORDINANCE No. 03-53 TO ESTABLISH SECTION 4.08.19 OF THE SPOKANE VALLEY UNIFORM DEVELOPMENT CODE RELATING TO PLANNED UNIT DEVELOPMENT (PUDs), AMENDING SECTION 4.15.1 RESIDENTIAL DIMENSIONAL STANDARDS OF THE SPOKANE VALLEY UNIFORM DEVELOPMENT CODE; REPEALING CHAPTER 14.704.00 OF THE INTERIM DEVELOPMENT REGULATIONS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING EFFECTIVE DATE. WHEREAS, The Interim Comprehensive Plan adopted by the City of Spokane Valley pursuant to Ordinance 03-53, specifies dimensional standards for residential and non-residential development; and WHEREAS, the Comprehensive Plan Goal ED.5a is to "[p]rovide consistent, fair and timely regulations that are flexible, responsive and effective" and WHEREAS, Interim Comprehensive Plan Goal UL.3 is to .."[e]ncourage exemplary developments by providing for flexibility and innovative design through planned unit commercial/industrial and residential developments"; and WHEREAS, Interim Comprehensive Plan Policy UL.3.1 through UL.3.3 encourage flexible regulations and incentives; and WHEREAS, there exist geographic areas within the City of Spokane Valley which would benefit from more flexibility in order to preserve and protect sensitive environmental resources; and WHEREAS, the development of Mixed-Use and Urban Activity Centers identified in the Interim Comprehensive Plan require flexibility for successful design and implementation; and WHEREAS, the proposed development regulations must be submitted to the Washington Department of Community Trade and Economic Development pursuant to WAC 365-195-620; and NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1. Section 4.08.19 of the City of Spokane Valley's Interim Zoning regulations is hereby amended to read as follows: 1 • "Section 4.08.19 Planned Unit Development Overlay Zone Section 4.08.19.01 Purpose and Intent The purpose of the Planned Unit Development Zone is to establish a process to foster creative, efficient, and comprehensive design of site development. The overlay zone is to be used in conjunction with other zoning classification except t c-Ex-elesive-Agcieul# al ), General the Mining (MZ)zones. . These regulations provide flexibility in site design and offer incentives in order to: 1. Encourage creative, efficient uses of land; 2. Enure preservation of usable opcn space; 1. Encoura•e innovative desi•n and the creation of •ermanent o•ens•ace. 2 3-Preserve and enhance special site features. 3. Encourage the conservation of natural features, wildlife habitat, and critical areas. 4. Facilitate the development of mixed-use proiects. 5. Encourage the development of street, pedestrian and bicycle paths that contribute to a system of fully connected routes. 6. 4.-Facilitate the economical and adequate provision of public services. -- - . - _ _ - - --- :•. _. - - -- :•. -. - s: and 7. Provide for diverse and convenient recreational opportunities. 8. 6-Provide a variety of environments for living, working, and recreation. Section 4.08.19.02 Applications and Process 1. Planned unit developments shall be initiated by the owner(s) of all property involved, if under one ownership, or by joint application of all owners having title to all the property in the area proposed for planned unit development. 2. The planned unit development process entails a preliminary and final phase.-A-ffeliminaryr - -- - • - .- . - .. - -- _ . - -- _ . -. . : . :lie-4e _ - - - - - = -- _ . __ -- - - - - - - -- . _ -_ _ :e-bites Body- , as follows: a. The preliminary phase examines the planned unit development Ian for com liance with the requirements of the zone. The preliminary planned unit development is considered throu•h a •ublic hearin• before the Hearin. Examiner. Once a•proved by the Hearing Examiner, the planned unit develo•ment is a bindin• elan that defines the conceit of the development and uses to be allowed. The planned unit development approval is valid for a 5- ear •eriod which ma be extended b a •eriod not to exceed twelve months b submitting a time extension request to the De artment. Any extension of time must be requested by the applicant, in writing, before expiration of the original approval, stating specific reasons for such a request. b. The final planned unit development plan may be approved administratively, to determine if all standards, requirements, and conditions of preliminary approval have been met. 2 Section 4.08.19.03 Preliminary Planned Unit Developments The preliminary planned unit development shall have a site development plan, including, but not limited to, the following: 1. The exact boundaries and legal description of the property to be developed. 2. The name of the proposed planned unit development. 3. Date, north arrow, and scale of the drawing. 4. Names, addresses, and telephone numbers of the owner(s), applicant(s), engineer, and, surveyor. 5. 2The general location of all proposed improvements that are to be constructed on the land, including, but not limited to, all residential and nonresidential structures, building heights, recreational facilities, walls, fences, refuse areas, streets, walks and public transit facilities. 6. Setbacks to the property line, roadways, and the planned unit development perimeter. 7. Location of pedestrian and bicycle circulation systems. 8. a-Common open spaces showing size and functions upon completion. 9. A description of the method of ownership and responsibility for maintenance of all common open space and private streets. 10. &The location and dimension of off-street parking facilities, public and private, including transit facilities for nonresidential uses. 11. 67-Location and size of all public and semipublic sites if applicable (i.e., schools, churches, parks, plazas, etc.). : . o - - - - - - - • - •- - - - 'n the development; 12. 87A tabulation of densities within each project area, phase or sector. •. _- - - - - = - - -. - - . . - . . -eesteieted - , - - -- •- =- - - - -•-- -- - - -- - - - - - .41-plante4 aceac-and open spaces; 13.44—If applicable, a subdivision map showing land divisions. The preliminary and final subdivision map shall comply with the county subdivision ordinance and state subdivision regulations. 14. 4-27A proposed phasing and/or timing schedule. 15. 1-a--Topographical map of existing terrain at a minimum 40-two foot contour level, including 100-year flood plains identified under the National Flood Insurance program. 16. 44-Natural features to be retained, such as natural slopes, stands of trees, etc. 17. All critical areas as defined in the Comprehensive Plan. Section 4.08.19.04 Final Planned Unit Developments 1. Prior to expiration of the preliminary planned unit development, approval of a final planned unit development plan is required. Approval of the final planned unit development shall be 3 administrative. A final planned unit development differs from the preliminary planned unit development in the amount of detailed information provided. In addition to all of the information required for a preliminary planned unit development, the final planned unit development plan shall include the following items. a. Approved road plans. b. Approved drainage system plans. c. Typical building footprints. d. A tabulation of the percentage of total building coverage in the development. e. A schematic landscaping plan indicating the type and the size of plant material to be used. and the method for providing permanent maintenance to all planted areas and open spaces. 2. Any planned unit development not finalized before the expiration of the preliminary planned unit development approval shall become void, unless a time extension is granted by the Director of Community Development. Construction shall not commence until a planned unit development has been given final approval. Section 4.08.19.05 Phased Planned Unit Developments 1_A planned unit development may be developed in phases, subject to an approved phasing schedule. All construction and improvements not completed within thrcc (3)five (51 years of approval of the phased final planned unit development are subject to compliance with updated City Standards through a time extension action. Any planned unit development where construction has not commenced before expiration of the final planned unit development approval shall become void. 2. Each phase of the proposed development must contain the required parking spaces, common open space, ingress, e•ress and transportation circulation landscape, and utility areas necessary to sustain that phase as an independent development, in the event that the remaining property is not developed. Section 4.08.19.06 Modifications 1. The Hearing Examiner may require modifications to the application for a planned unit development to ensure that the purpose spirit and intent of this chapter is accomplished. 2. A substantial modification to the approved preliminary or final planned unit development plan shall only be approved through a change of condition application process. All modifications which are not minor, shall be considered substantial. 3. A minor modification to the preliminary or final planned unit development plan may be approved administratively. Minor modifications shall be consistent with the following requirements: a. The modification shall be limited to minor shifting of the location of buildings, proposed streets, utility easements, or common open space. b. The modification shall not: i. Enlarge the boundaries of the approved planned unit development plan. ii. Change the approved uses. iii. Change the general location or amount of land devoted to a specific land use. iv. Increase the residential densities. 4 Section 4.08.19.07 Permitted Uses - -- - -- •._.e. _ - - _ - _ ..' icrg r-uetece-ef-i pfever ►ents or portion thereof chap be erected, constructed, converted, establihed, altered, or enlarged, nor shall any lot or ept-for-those-use . -- - -- -z . . 1. All uses permitted in the underlying zone. Used allowed in a planned unit development include those uses allowed in the underlying zone(s)and those accessory uses and structures ordinarily associated with a permitted use. 44404722421 -Uses All-eeeessoFy-uses;bt ldi gs, end stFuetures-erdi y-ef-t a-per itteel-ases arc allowed. the-following mining Section 4.08.19.08 Development Standards Prior to the issuance of a building permit, evidence of compliance with provisions of this chapter, when applicable, shall be provided to the Division. Section 4.08.19.09 Density, 1. The total units permitted in a •lanned unit development shall be determined as follows. a. In any planned unit development, the number of dwelling units per acre of land shall not exceed that which is permitted by the underlying zone(s), except as approved for density bonus by the Hearing Examiner subject to the following procedures. However, this does not preclude an applicant from transferring density from one portion of the development to another portion of the development so Ion• as the total •ro'ect does not exceed the maximum density of all zoning classifications included within the project boundary. Residential density shall be determined by the following formula: Net Maximum number of Density Total Units Development x units per acre allowed in + Bonus Permitted Factor underlying zone Earned b. The net development factor is the acreage of the planned unit development area minus the area set aside for, or existing in, any of the following: i. Schools. ii. Commercial and/or industrial uses. iii. Single-family residential platted areas, if determining net development factor for the multifamily portion of a mixed single-family, multifamily development. 5 iv. Natural water bodies, including lakes, streams, swamps,marshes, and bogs which are not incorporated in the common open space plan of the planned unit development, v. 75% of areas having slopes that exceed 4,0%. vi. Public or private streets. 2. Bonus Density: The following units per acre may be cumulatively earned as additional density to the maximum base unit density of the underlying zone, a. Common Open Space. i. 0.3 unit-per-acre bonus if at least 10% 50% of the dry, common open space has a slope of 10% or less_ ii. 705 unit-per-acre bonus if significant recreation areas are developed and equipped with slat least 2 of the following features: , but not limitod to,: hard surface biking, hiking or walking trails landscaped open areas. eta•connecting the entire development, improved playfields, sport tennis courts; swimming or wading pool or children's play areas that incorporate plastructureslegLpment and are at least 10,000 square feet in size. b. Environmental Concern. i. 0.15 03 unit-per-acre bonus if cignificant general public access is provided to lake or river; to trails, 0.1 unit-per-acre bonus; to scenic viewpoint, 0.1 unit-per-acre bonus. ii. 1.0 unit-.er-acre bonus if 40% or more of the existin• disease-free trees over 10 inches in diameter are retained on the site. Tree diameter shall be measured at 6 feet above the ground. This bonus shall only apply in forested areas where the density of the above-described trees is equal or greater than 10 trees.per acre.. The_health of the trees shall be certified.by_a licensed arborist. c. Internal Circulation and Parking. 1. One ten-th (.1) urn-pcf--aerc borers-if-thc off street parking is fifty (50)feet or loss from tho entrance to the building served -pro` i eektlaa i -erte-ea +a+k afRdef-e ri s-tr.getinfre4e-paFklagi the-parking-ray be up to one hundred fifty (150) feet away and stilt rcccivc the bonus; 1. 0.15 0.2 unit-per-acre bonus if nonresidential parking areas are kept small (10 to 20 spaces in a group) and interspersed with landscaping, or provided within or under main buildings_ ii.-9A -i nit-per--ncrc bonus if provision is made for an internal bike and pedestrian cystcm physically separated from ,arid not adiae° r s- iii. 1.0 unit-per-acre bonus for an interconnected roadway system without cul-de-sacs. iv_ 0.5 unit-per-acre bonus for an un-gated development allowing through access to the public. v, 0.2 unit per acre bonus if t-least-lk2-e e--rc ire i--parking eeveFe -er--9-63-rnit- per-aer-e-fi : #-ell_thc-rcciaircd parking is covered. d. Public Service and Facility Availability. 6 i. GA-5-03 unit-per-acre bonus if public transit is available within '/-mile walking distance of the majority of dwelling units and offices. The walking route shall be hard-surfaced and accessible, and may require an off-site sidewalkipathway. ii.0 -0_2 unit-per-acre bonus if off-site convenience shopping facilities are functionally accessible within reasonable walking distance (approximately 'A-mile). The walking route shall be hard-surfaced and accessible, and may require an off-site sidewalk/pathway. t -. •: , _ -: -- -• - - - - - - - - =ate-hat -- - ' - - - -_ _ -e-added-devele eet; -- . - . _ -_ - . - _- - ere-bonus if the primaFy R1C AS of acccsc to the project is via-at -e4erial; - .: . • -- . - __ . -• _ _ _-s-a-eFiffle-preventien•plan, Inc: _: - o- .- , - - - -- ig Nieg;d , el: , _ .: : -- --- - - -- - - -Sh- - -.. --- , . = - -- - •-- - prevention plan is not in oenfli: - - -- -:: - . - - - - - - - -- ; - - vi. One tenth (.1)unit per acre bonus if the project is-teeated-within-e-pe ' - -- . _ ear iii. 046-0_5 unit-per-acre bonus if integrated special facilities and-a-pregram-te _ - . - - -- ie-tfiaFis' . - - •.- -_ -= -.-., - - -- --= = for public transit are incorporated into the design and approved by the STA (e.g., sheltered, lighted waiting/loading facilities, including benches pested-and-distributed setiedelek-euteand park-and-ride spaces ). c ; s-p_ - •- : :: _ . - - : - . _ - - _ _c charges). This effort must-exe--. . -: - - - -- --- : . e . • • . - _ e - : - . - _ ith the Spokane Transit Authority. iv..0.2/acre for school bus loading shelters approved by the school district. c. Other. consisting of an architect, eegi- -- , . _ :- . - - , - . . - : , - - -- .- , thigh-the-des': - _- •: - - - - • - - --jeet;aced dths . - - - - -. • - - _ - . - __ -- - -ature•s-a mix of heusieg • :- • - . . -- _ _-- e°. _ .-e-fetal-d . - . . .- _ .- -_ -:, etas- -:, -_ - . -• - : - ; - -- - - - Fesidenee ; : _ . - - ; _ :_ - - _ - _- ets-are-examples-of-housing-types: Every ot utilized-fer-rcsi:- - - - •••- -a of eig1:4-huAdFed-($8G)) purpese-ire-a-P-W-B- ge 14.704.326 Minimum Yards 7 Except when otherwise approved of time of P-U:D-heariac, Fi lrairlere etlaelcc of the under:I-y* zoac-shah-apply-to-exterior-project boundaries, Interior yards C.hzll be as approved on the - _ . _ _ - - - _ _ - -__ _ Ie a efwt-w+ll-t3e-reviewed-to ensure adequate provision of light and air for all structures. A maximum of sixty percent (60 1],10) of the site may be-utiliz feF-19Lrilc iacr-seue age xelisive-ef r.i gli t_of_wa y_ded iaa-tiaRs- 1 -704-;,--IVIa + B iMing-t eic�ht-maximums of the underlying zone may be waived on an individual building to allow greater flexibility with the development--Degs-ides ieR-sha41 e i +e a ses and building heights as well a— cr builElineta#ioRships_within the development. Section 4.08.19.10 Parking, Signage, and Landscaping Standards Parking, signape and landscaping standards shall be as provided in chapter 14.802, Off-Street Parking and Loading Standards; chapter 14.804, Signage Standards; and chapter 14.806, Landscaping and Screening Standards, Section 4.08.19.11 Storage Standards All storage in the planned unit development zone shall be within a closed building, except for the storage of retail products that are for sale or rent, which may be stored outdoors during business hours only and- et- Outdoor storage of retail products shall not be within any required front or side yard, nor in any public street or road right- of-way. Section 4.D8.19.12 Refuse Storage All outdoor trash, garbage and refuse storage areas shall be screened on all sides from public view and, at a minimum, be enclosed with a 5V-foot-high concrete block, masonry wall, or sight-obscuring fence with a sight-obscuring gate for access. Single-family and duplex residences are exempted from this provision. Section 4.08.19.11 Mechanical Equipment All rooftop mechanical equipment shall be planed behind a permanent screen, completely restrieted-#teH iew- screened from adjacent roadways and properties, so as not to be visible by_persons standing at the properly line. Section 4.08.19.14 Utilities All utilities shall be underground. Section 4.88.1.9.15 Sti ee Additional Requirements Within planned unit-develepffleet- rejects, private street pavement widths may be reduced to twenty (20) foot for ono Way tratfio-or-tweR y-t he-( for-t+rue-way-treffi asfiel l-thmert-ali the followingeoadit<iar , I I a. On site parking shall be provided-we#a--is-fs cd dwelling units, and which is at least equal to the zone-requirer a rt-plu ae-half-stall-per unit for guest-parking= b-One-way streets or loop streets with one (1) access point shall serve no more than thirty (30) units and be-ni3 a tkin fifteen hundred (1500)feet long. One-way streets shall be signed at every intersection; a. All streets shall meet or exceed the current design and construction standards for public streets adopted by the City of Spokane Valley, as they may be amended from time to time. b, All areas which are to be occupied or traveled over by motor vehicles shall be paved. c, On street parking shall be prehlbited-Bless- e csic ,sfteelfreally-sec ew ates 8 • —Rriv'' - . - . --. n- :. -.,, -vertieal-alignment-sbat1 bc ce Engineer.s-earrent-Fea c. No •ro•osed street shall im•ede the current or future develo•ment of an arterial or collector identified on the Arterial Road Plan. All PUDs shall have direct access to a designated collector or arterial. d. Energy efficient street lights shall be located at the entrance of the development and at each intersection. The lights shall be owned and maintained by the homeowners' association or the serving utility. c. T-lierc shall bc provided, through covenants-or othcr legal means;assuranee-ef permanent maintenance of private streets and iac ing-areas- e. Maintenance of Private Streets and Common Areas. Residential developments. A homeowners= association shall be created pursuant to RCW Chapter 64.38. The association shall be created for the purpose of managing and maintaining private streets, common areas, and other improvements not otherwise owned by individual lot owners, and any other lawful purpose allowed under RCW Chapter 64.38. ii. Nonresidential developments. An association or other legal entity shall be created pursuant to the laws of the State of Washington for the •ur•ose of mania.in. and maintainin• •rivate streets common areas and other improvements not otherwise owned by individual lot owners, and any other lawful purpose. iii. Declaration of Covenants, Conditions and Restrictions shall be recorded with the Spokane County Auditor for all planned unit developments containing private streets and/or common areas. The Declaration of Covenants, Conditions and Restrictions shall include the following provisions: a) Repair and Maintenance Rights and Duties of Association: The Association shall maintain, repair and replace all parts of the common area including private streets, drainage systems, and retention ponds or similar drainage facilities, or shall contract for such maintenance, repair and replacement to such areas are maintained in good condition and function for their intended use. b) Maintenance of Private Streets: The private streets, as designed and approved by the City of Spokane Valley, have been or are being constructed for the purpose of providing ingress and egress and pedestrian access to the property. The City of Spokane Valley has no obligation to maintain, repair or reconstruct the private streets. The Association is responsible for repairs and maintenance. The Association shall maintain the private streets in reasonable conformance with the approved private road plans on file with the City of Spokane Valley. 9 c) Dissolution of Association: The Association may be dissolved only if ownership and maintenance responsibility of common areas, common area roadways, and drainage control features is assumed by a governmental entity with the authority to assume such ownership and upon written acceptance of the same by the governmental entity. It is not the policy of the City of Spokane Valley to assume ownership of common areas, private streets or other common area improvements. d) Enforcement: The Board, any Owner, and any governmental or quasi-governmental agency or municipality having jurisdiction over the Project shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens, and charges now or hereafter imposed in the Declaration, and all such action shall be entitled to recover cost and reasonable attorneys fees as ordered by the Court. e) Reserve Fund: The Association shall exercise good faith and best efforts to maintain a Reserve Fund for the maintenance of private streets and other improvements such as common greenbelts, security station structures and equipment, and other infrastructure. This Reserve Fund should not be co- mingled with any other association fund. The balance of the fund should be equal to the total replacement cost of the private streets and other improvements divided by the average life expectancy of those improvements times the age of the improvements. f) Access Re.uired: Emergency vehicles utility personnel, the U.S. Postal Service a, nd governmental employees in connection with their official duties shall have access to the •lanned unit develo•ment 2. Drainage. a . . .. - -- - ..' - - - --- - - --- e . : :e Guideiifles. Drainage improvements shall be designed, constructed and maintained in accordance with the current Spokane Valley Storm Water Management Standards, as they may be amended from time to time. 3. Pedestrian Circulation Facilities. Within planned unit development projects, pedestrian circulation facilities serving each unit shall be provided on both sides of the street or private road and shall be: a. '. . -. - . - - , . - - - afld-Bement-eoncrete;Hard-surfaced with asphalt or concrete. Asphalt walkways shall be only allowed when physically separated by a minimum of 7' from the vehicle roadway. Alternative hard surface material may be used when approved by the Public Works Department. Sidewalks separated by less than 3' from the roadway shall have a vertical curb separating sidewalk from roadway. Walkways shall meet accessibility standards. 10 b. Functionally and safely convenient to each dwelling unit served; c. Functionally and safely convenient to schools and to industrial, commercial, recreational and utility areas within or adjacent to the projectent aid-fury ulataen-.system outside the P.U.D.; d. Sufficiently wide (minimum of six [6] feet for commercial areas and five [51 feet for residential areas) to accommodate potential use; e. Located and designed in accordance with approval from the City of Spokane Valley . -. - _ -afety. Section 4.08.19.16 Required Open Space 1. Required Open Space: A minimum of 10% of the total area of the planned unit development shall be reserved designated and maintained as common open space. Required landscape areas and storm water facilities shall not be used in the calculation of open space. 2. Types of Open Space: Land dedicated for open space should be usable for either greenbelts that serve as a buffer between land uses using existing vegetation and new slant materials active or passive recreational activities or for protecting environmentally sensitive areas or critical areas. Unusable open space includes the design of areas that do not meet the intent and purpose of this chapter, such as open space areas that are not accessible to residents of the development, or do not function for active/passive recreation or do not conserve wildlife habitat or other natural features. 3. Maintenance and Ownership of Common Open Space: The applicant shall choose 1 or any combination of the following methods of administering common open space: a. Dedication of common open space to the County City, which is subject to formal County City acceptance; or b. Establishment of an association or nonprofit corporation of all property owners or corporations within the project area to ensure ownership of and responsibility for perpetual maintenance of all common open space. c. Retention of ewncrship-e= - - - - =- -•' - - open-spae- - - - - -- - . • - . - = - all-sentinue-te eenform-te-its-inte-= -- - - - - -- -•- - - -sse nt Plan by spas e- - - - it- - - - - - - -- .- - - - - - - - ,trio future divisions Of scgFe atieft -. -- -=• - - - - - . 4. Transfer of Ownership. Where dedication to the public or a homeowners' association is proposed required improvements shall be completed prior to an transfer of ownership. Where improvements are not completed in accordance with these requirements, building permits and/or approval of permitted structures may be withheld upon notification to the Building Official by the Communit Develo•ment Director sending com s letion of said im s rovements. 5. Phasing: All common spaces, as well as public and recreational facilities, shall be specifically included in the phasing schedule and be constructed and fully improved by the applicant at an equivalent or greater rate than the construction of structures. A-r m i af- - = - - - -- - .. - .- - - - - -- fesideetial- it- 11 na d-Devel nd #awing-desige enteraa-objectives in all P.U.D.' . Open space , F.,ze-. •- • - - -- -- - -. . - - - --, -- - - - ' -s, and other #a11-be soape, hall-be given-t ndsoape-fe 2. T-he4 er-€asilitie leA►-in-street-and-utility improvements- 3-Re e-and-pas erred-t#rougl�e e develepmen - - -•- - - . - --- -ible 11.7-04.395 Pubbo- aflsit it 'en-Be enter)-or more-parks us-lo- - - • - - - - - . - -e =e -. -e _ •- Planning Director-in-se^ - - - • '- - -- = _ • - •- . ' - - . . irenaents for a Public Transpertataen-Wan- Section 2. Section 4.15.1 of the Spokane Valley Uniform Development Code is hereby amended to add the dimensional standards for residential PUDs as shown on Attachment"A" made a part hereof for all purposes. Section 3. Chapter 14.704 Planned Unit Development Overlay Zone of the Interim Zoning Code is hereby repealed. Section 4. Severability. If any section, sentence, clause or phrase of this ordinance shall 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, sentence, clause or phrase of this ordinance. Section 5. Effective Date. This Ordinance shall be in full force five (5) days after publication of this ordinance or a summary thereof in the official newspaper of the City as provided by law. PASSED by the City Council this 9 day of Nov mber, 2004. Mayor, Michael DeVleming A a TJ • i•-• I. • L City-Clerk, Christine BainbridgeT A Approved as to-Fo Cli7/Lie .- i _AA-1W Deputy aity`Attorney, ary P. Dnskell Date of Publication: P--/9 9-ge/ Effective Date: /4. a4,/-1 / 12 Section 4.15.1 Residential Zone Dimensional Standards UR-3.5"1") UR 7)3j(1) UR 12(2141) UR 2243°) Residential Single Single Multi- Single Multi- Single Multi- PUDsnxi) Family Duplex Family Duplex family Family Duplex family Family Duplex family Lot Area/Dwelling Unit 10,000 20,000 6,000 11,000 15,000 4,200 5,000 6,000 1,600 3,200 6,000 1,600 Lot Frontage 80 80 65 90 100 50 50 60 20 40 60 30 Lot Depth 80 80 100 80 80 100 50 Front Yard Setback r5) 150 150 15° 15' 15° 150 150 15° 15421 15° 15° 150 Garage Setback 20° 20° 200 200 20(x1 200 200 20° 200 200 20° 20° .•, Rear Yard Setback k4xs)m> 20 20 20 20 15 20 20 15 20 20 15 15 Side Yard Setback (4)0(6) 5 5 5 5 5 5 5 5 5 5 5 5 Side Yard Setback (flanking Street)? 150 150 150 150 _ 150 15° 15° 15° 150 15(2) 150 10 Open Space 10%gross area Density(DU/Acre) 4.35 4.35 7 7 7 12 12 12 22 22 22 Zone+Bonus Lot Coverage 50.0% 50.0% 55.0% 55.0% 55.0% 60.0% 60.0% 60.0% 65.0% 65.0% 65.0% 60.0% Building Height(in feet) 35 35 35 35 35 40 40 40 50 50 50 Zone Building Height(in stories 2Y: 2'h 2% 2% 3 3 3 4 4 4 Zone co "Clear vie"Triangle required ro Measured from property line outside border easement,if any . Zero setbacks along rear and/or one side are allowed provided that a 5'-0"construction and maintenance easement(s)is recorded with the Spokane ? County Auditor prior to issuance of a building permit.Minimum rear yard setbacks on zero lot line configuration shall not be less than fifty(50)feet or the sum of the rear yards required by the underlying zone,whichever is greater. (4) Minimum side yard setbacks between dwelling units and adjacent lots shall not be less than 10 feet on the side opposite the zero in a zero lot line configuration Hsu Institutional and Office uses have the same setback as residential uses in zones where permitted. Attached garages loading from the side may have the same setback as a principal structure. ° Permitted accessory structur-s shall maintain a five foot(5'-01 side and rear yard setback ATTACHMENT "A" 13