Ordinance 05-026 Amends SVMC 4.08 Planned Unit Developments CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 05-026
AN ORDINANCE OF THE CiTY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, AMENDING ORDINANCE NO. 04-046 RELATING TO PLANNED UNIT
DEVELOPMENT (PUDs), BY REPEALING PROVISIONS RELATING TO THE
REQUiREMENT FOR DIRECT ACCESS TO ARTERIALS AND COLLECTORS; PROVIDING
FOR SEVERABILITY; AND ESTAi3LISHIiNG 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
WFIE.REAS, 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 U1.:.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:
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 the Mining(,VIZ)zone. These regulations provide flexibility in site design
and offer incentives in order to:
I. Encourage innovative design and the creation of permanent open space.
2. Preserve and enhance special site features.
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, 3, Encourage the conservation of natural features, wildlife habitat, and critical areas.
4. Facilitate the development of m ixed-use projects. •
5. Encourage the development of street, pedestrian and bicycle paths that contribute to a system of fully
connected routes.
6. Facilitate the economical and adequate provision of public services.
7. Provide for diverse and convenient recreational opportunities.
S. Provide a variety of environments for living, working, and recreation.
Section 4,08.1.9.02 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 as follows:
a. The preliminary phase examines the planned unit development plan for compliance with the
requirements of the zone. The preliminary planned unit development is considered through a
public hearing before. the Hearing examiner_ Once approved by the Hearing examiner, the
planned unit development is a binding plan that defines the concept of the development and
uses to be allowed_ The planned unit development approval is valid fora 5-year period, which
may be extended by a period not to exceed twelve months by submitting a time extension
request to the Department. 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.
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:
I. 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. The 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 lute, roadways, and the planned unit development perimeter.
7. Location of pedestrian and bicycle circulation systems.
8. 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. Location and size of all public and semipublic sites if applicable(i.e., schools, churches, parks, plazas,
etc.).
12. A tabulation of densities within each project area phase or sector.
l3. If applicable, a subdivision map showing land divisions_ The preliminary and final subdivision map
shall comply with the county subdivision ordinance and suite subdivision regulations.
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]4. A proposed phasing and/or liming schedule.
15. Topographical map of existing terrain at a minimum two foot contour level, including l00-year flood
plains identified under the National Flood Insurance program.
I 6. Natural features to be ruined, such as natural slopes, stands of trees, etc. •
17. All critical areas as defined in the Comprehensive Plan.
Section 4.08.19.04 Final Planner! 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 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 he 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 grafted by the Director of
Community Development. Construction shall not commence until a planned unit development has
been given Final approval_
Section 4.05.19.05 Phased Planned Unit.Developments
i. A planned unit development may be developed in phases, subject to an approved phasing schedule. A l l
construction and improvements not completed within five (5)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, egress 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 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. MI modifications which are not •
minor shall be considered substantial.
3. A minor modification UCH 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 shirting 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.•
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Section 4.08.19.07 Permitted Uses
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.
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 planned 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 long as the total project 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 units Density Total Units
Development x per acre allowed in + Bonus = Permitted
Factor underlying zone Earned
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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.
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 40%.
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 50% of the dry, common open space has a slope of
10%or less.
ii. 0.5 unit-per-acre bonus if significant recreation areas are developed and equipped with
at least 2 of the following features: hard surface biking, hiking or walking trails
connecting the entire development; improved playfields, sport courts; swimming or
wading pool; or children's play areas that incorporate play structures/equipment and are
at least 10,000 square feet in size.
b. Environmental Concerti.
i. 0.3 unit-per-acre bonus if 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-per-acre bonus if 40% or more of the existing, 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
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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.
i. 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. 1.0 unit-per-acre bonus for an interconnected roadway system without cul-de-sacs.
iii. 0.5 unit-per-acre bonus for an un-gated development allowing through access to the
public.
d. Public Service and Facility Availability.
i. 0.3 unit-per-acre bonus if public transit is available within 1/4-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 sidewalk/pathway.
ii. 0.2 unit-per-acre bonus if off-site convenience shopping facilities are functionally
accessible within reasonable walking distance (approximately '/-mile). The walking
route shall be hard-surfaced and accessible, and may require an off-site
sidewalk/pathway.
iii. 0.5 unit-per-acre bonus if special facilities for public transit are incorporated into the
design and approved by the STA_(e.g., sheltered, lighted waiting/loading facilities,
including benches and park-and-ride spaces).
iv.0.2 /acre for school bus loading shelters approved by the school district.
Section 4.08.19.10 Parking, Signage, and Landscaping Standards Parking, signage 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.
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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 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 4.08.19.12 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 5V2-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 4.08.19.13 Mechanical Equipment All rooftop mechanical equipment shall be screened from
adjacent roadways and properties, so as not to be visible by persons standing at the property line.
Section 4.08.19.14 Utilities All utilities shall be underground.
Section 4.08.19.15 Additional Requirements
1. 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.
2. All areas which are to be occupied or traveled over by motor vehicles shall be paved.
3. No proposed street shall impede the current or future development of any arterial or collector
identified on the Arterial Road Plan.
4. 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 local electric
utility.
5. Maintenance of Private Streets and Common Areas.
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a. 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.
b. Nonresidential developments. An association or other legal entity shall be created pursuant to
the laws of the State of Washington 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.
c. 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:
i. 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.
ii. 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.
iii. 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.
iv. 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.
v. 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.
vi. Access Required: Emergency vehicles utility personnel, the U.S. Postal Service, and
governmental employees in connection with their official duties shall have access to the
planned unit development.
6. 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.
7. 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:
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a. 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.
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 project;
d. Sufficiently wide (minimum of six [6] feet for commercial areas and five [5] feet for
residential areas) to accommodate potential use;
e.Located and designed in accordance with approval from the City of Spokane Valley
Section 4.08.19.16 Required Open Space
1. Required 0 en Space: A minimum of 10% of the total area of the planned unit development shall be
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. Tv es 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 plant 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 City, which is subject to formal 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.
4. Transfer of Ownership. Where dedication to the public or a homeowners' association is proposed
required improvements shall be completed prior to any 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 Community Development
Director, pending completion of said improvements.
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.
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 and effect on the official date of
incorporation provided publication of this Ordinance or a summary thereof occurs in the official
newspaper of the City as provided by law.
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PASSED by the City Council this 18th day of October, 2005.
rattlAva' Ajilivi-tc
Mayor, Diana Wilhite
AT S
—ify Clerk, Christine Bainbridge
Ap roved a' o, •rm:
Office o the City A orney
Date of Publication: 10-28-05
Effective Date: 11-02-05
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Section 4.15.1 Residential Zone Dimensional Standards
Residential ArrACH.
Single Single Multi- Single Multi- Single Multi- YUps(Al) MEW"A"
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 I 80 80 100 80 80 100 50
Front Yard
Setback(5) 15(2) 15('') 15(2) 15(2) I5(2) IS(e) 15(2j 15(2) I5(�) 15(2) 15(') 15 (5)
r
Game
2
Setback(5) 20(2) 20(2) 20(2) 20(2) 20(2) 20(2) 20(2) 20(2) 20(2) 20(2) 20(2) 90(5)
5 Rear Yard
Setback(4X5)(6) 20 20 20 20 15 20 20 • 15 20 20 15 15
Side Yard
Setback(4)(5x6) 5 5 5 5 5 5 5 5 5 5 5 5
Side Yard
Setback
(flankin"
Street)(5) 15(2) 15(2) 15(2) I54) 15(�) 15(2) 15(2) 15(2) 15(2) 15(2) 15(2) 10
Open Space
10%gross
area
Density Zone+
(DU/Acre) 4.35 4.35 7 7 7 12 12 12 22 22 22 Bonus
e Lot Coverage 50.0% 50.0% 55.0% 55.0% 55.0% 60.0% 60.0% 1 60.0% 65.0% 65.0% 65.0% 60.0%
Building
g Height (in feet) 35 35 35 35 35 40 40 40 50 50 50 Zone
i Building
Height(in
stories) 21/2 21/2 21/2 21/2 3 3 3 4 4 4 Zone
0) "Clear view"Triangle required
(2)
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
of 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.
t'r 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
(s) 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.
(6) 1'e n'f ed Iccesso 'strictures shall maintain a five foot 5'-0" side and rear yard setback
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