There is established the planned unit development area and the conditions and standards by which such areas may be located within any zone and by which planned unit development may be permitted therein.

(Ord. No. T-84, § 5(part), 2005)

It is the purpose of this chapter to:

(1)

Encourage creative site and building design by permitting greater flexibility in zoning requirements than is permitted by other sections of this title;

(2)

Promote the retention of significant features of the natural environment, including topography, vegetation, waterways, wetlands and views;

(3)

Encourage maximum efficiency in the layout of streets, utility networks, and other public improvements;

(4)

Create and/or preserve usable open space for the enjoyment of the occupants and general public.

(Ord. No. T-84, § 5(part), 2005)

Planned unit development areas may be approved within any zone. Such areas shall be identified on the official zoning map by the symbol "PUD" and with appropriate reference number.

(Ord. No. T-84, § 5(part), 2005)

A.

Planned unit developments may be approved through the land use review process outlined in CMC Chapter 23.030.

B.

Modification to planned unit developments will be processed thorough the planning commission outlined in CMC Chapter 23.030.

(Ord. No. W-22, § 76, 4-22-2014)

Adjustments to the following standards may be considered as part of a planned unit development review:

(1)

Setbacks.

(2)

Height.

(3)

Building coverage.

(4)

Lot area.

(5)

Lot width.

(6)

Landscaping.

(7)

Parking.

(Ord. No. U-97, § 193(21.39.040), 1-27-2009)

A.

Concept development plan approval criteria. To receive approval for a planned unit development, the applicant shall demonstrate compliance with all of the following criteria:

1.

Content. The concept plan contains all of the components required in CMC 21.39.100.

2.

Architectural and site design. The proposed development demonstrates the use of innovative, aesthetic, energy-efficient and environmentally-friendly architectural and site design.

3.

Transportation system capacity. There is either sufficient capacity in the transportation system to safely support the development proposed in all future phases or there will be adequate capacity by the time each phase of development is completed and ready for occupancy.

4.

Availability of public services. There is either sufficient capacity within public services such as police and fire services, water, sanitary waste and storm water disposal, to adequately serve the development proposed in all future phases, or there will be adequate capacity available by the time each phase of development is completed and ready for occupancy.

5.

Protection of designated resources. City-designated resources such as historic landmarks, significant trees and sensitive natural resources are protected as set forth in city ordinance and adopted standards.

6.

Compatibility with adjacent uses. The concept plan contains design, landscaping, parking/traffic management and multi-modal transportation elements that mitigate conflicts between the planned development and adjacent uses. If zoning districts are altered, the applicant shall demonstrate that uses are compatible with surrounding uses by means of appropriate setbacks, design features or other techniques.

7.

Mitigation of off-site impacts. All potential off-site impacts including litter, noise, shading, glare and traffic, will be identified and mitigated to the extent practicable.

B.

Adjustment approval criteria. Adjustments to numerical development standards may be considered during review of the concept plan if the applicant can demonstrate compliance with all of the following approval criteria:

1.

The adjustment(s) is warranted given site conditions and/or characteristics of the design.

2.

The benefits from the implementation of the adjustment outweigh any potential adverse impacts.

3.

Any impacts resulting from the adjustment are mitigated to the extent practical.

C.

Conditions of approval. The review authority shall impose any conditions of approval necessary to mitigate impacts on surrounding properties and implement this chapter to the greatest extent practicable.

D.

Phased development.

1.

The planning commission may approve a time schedule for developing a site in phases, but in no case shall the total time period for construction of all phases exceed seven years, as measured from the date of approval of the original concept development plan until the date that building permit(s) for the last phase is(are) obtained.

2.

The criteria for approving a phased detail development plan are:

a.

The public facilities shall be constructed in conjunction with or prior to each phase; and

b.

The development and occupancy of any phase shall not be dependent on the use of temporary public facilities. A temporary public facility is any facility not constructed to the applicable city or special district standard.

E.

Detailed site plan approval criteria. During the review process, the planning official may approve the detailed development plan for one or more phases of the development upon finding that the final plan conforms to the approved conceptual development plan, including all conditions of approval, unless a modification of the concept plan is sought concurrently with the detail development plan approval.

F.

Time limit on filing of detailed development plan. Within two years after the date that the conceptual development plan is approved, the applicant shall prepare and file with the planning official a detailed development plan.

(Ord. No. W-22, § 77, 4-22-2014; Ord. No. U-97, § 194, 1-27-2009; Ord. No. T-84, § 5(part), 2005)

Common private open space, facilities and roads to be shared by residents of a planned unit development shall be established in accordance with RCW chapter 64.32, Horizontal Property Regimes Act (Condominiums).

(Ord. No. T-84, § 5(part), 2005)

A.

Minimum development size. There shall be no minimum site size for any type of planned development.

B.

Applicability of base zone development standards. The provisions of the base zone are applicable as follows. When the zoning districts within the planned development have been shifted, the applicable development standards for the underlying zones shall shift accordingly.

1.

Lot dimensional standards. The minimum lot depth and lot width standards shall not apply.

2.

Lot coverage. The site coverage provisions of the base zone shall apply.

3.

Setbacks.

a.

Front and rear yard setbacks for structures at the perimeter of the project shall be the same as required by the base zone except when an adjustment is approved, per the variance process.

b.

The side yard setback provisions shall not apply except that all detached structures shall meet the city's adopted building code requirements for type of construction.

c.

Front yard and rear yard setback requirements in the base zone setback shall not apply to structures on the interior of the project except that any garage facing a street shall be set back a minimum of 15 feet from the front or side street property line.

d.

All other provisions of the base zone shall apply except as modified pursuant to this chapter, except for maximum height for which a variance shall be sought, as governed by CMC Chapter 21.60.

4.

The planning commission can reduce the minimum lot size requirement for attached single family residential uses in planned developments.

C.

Common open space. In exchange for the approval of higher residential densities, smaller lots and relaxed development standards, the developer of a planned development is required to provide common open space for the active and passive recreational activities of residents and visitors. Such space will be aggregated wherever feasible and shall consist of a combination of landscaped and paved (hard-scaped) areas. Such common open space shall include some combination of the following: plazas, arbors, sitting areas, picnic areas, playing fields and trails to accommodate a variety of active and passive activities and promote visual interest.

1.

In planned developments, the following requirements shall apply.

a.

At least 10 percent of the gross area of the site must be devoted to such open space

b.

Open space. The quality and quantity of public and common open spaces and landscaping provided are consistent with the higher standards of design and amenity required of a PUD. The size, shape, and location of a substantial portion of total public and common open space provided in residential areas render it useable for recreation purposes.

c.

Open space between all buildings is adequate to allow for light and air, access by firefighting equipment, and for privacy where walls have windows, terraces, or adjacent patios. Open space along the perimeter of the development is sufficient to protect existing and permitted future uses of adjacent property from adverse effects from the development.

d.

The developer provides open space/common area in excess of the minimum required 15 percent in order to protect critical areas, environmentally sensitive areas, or other significant natural site features. The additional area must represent at least five percent of the gross acreage in order to be eligible for the density bonus.

e.

Fenced yards associated with buildings immediately adjacent to designated open space and landscaping in parking lots shall not count toward the total requirement.

f.

Environmentally-constrained land within the planned development, including critical area buffers; may be used to meet up to 50 percent of the total requirement specified in Subsection (a) above, provided that these areas are not fenced and are either accessible to pedestrians to the extent practical or are visually accessible from adjacent and adjoining common open space.

2.

The common open space designated to meet this requirement shall be permanently maintained by and conveyed to one of the following:

a.

A homeowners' or property owners' association as regulated by state law.

b.

Public agency that agrees to maintain the common open space and any buildings, structures or improvements placed within it.

3.

The open space created under this provision is not subject to the park impact fee credit unless so authorized by the Cheney Parks Department.

D.

Residential density.

1.

Net developable area calculation. The net developable area of a PUD shall be the gross area of the subject property less critical areas, public/private right-of-ways for streets, and stormwater treatment facilities/tracts. If an existing public right-of-way is already provided, then it is not counted against the net developable area. The calculation of density is rounded down to the next whole number.

2.

On-site density transfers. An applicant for a planned development may shift allowed residential densities around the site to protect and preserve critical or sensitive areas while providing the overall maximum density permitted by the underlying zoning district.

3.

Density bonuses. An applicant of a planned development may be entitled to a residential density bonus of five percent above the maximum density allowed in the underlying base zone on the portions of the site devoted to housing.

4.

Dimensional standards and setbacks. Dimensional standards and street standards may vary in order to achieve clustering and common area design objectives. Such variations shall be justified based on consistency with the goals and policies of the comprehensive plan and the purpose and intent of this chapter. Variations shall be documented and become the applicable standards for the subject subdivision. Dimensional standards include building height, setbacks from lot lines and other structures, reduction in the number of parking spaces, and a reduction in lot dimensions. Dimensional standards shall be reviewed by the city.

5.

Lot depth and width. The minimum lot depth and lot width standards may be modified, except that no lot shall be less than 85 feet deep and less than 20 feet wide.

6.

Setbacks. See CMC 21.39.080(B)(3).

E.

Superior design. The PUD represents a more creative approach to the unified planning of development and incorporates a higher standard of integrated design and amenity than could be achieved under otherwise applicable zoning district and subdivision regulations, and solely on this basis modifications to the use and design standards established by such regulations are warranted.

1.

Meets PUD requirements. The PUD meets the requirements for planned unit developments set forth herein, and no modifications to the use and design standards otherwise applicable are allowed other than those permitted herein.

2.

Consistent with comprehensive plan. The PUD is generally consistent with the objectives of the city comprehensive plan as viewed in light of any changed conditions since its adoption.

F.

Public welfare. The PUD will not be detrimental to the public health, safety, morals, or general welfare.

G.

Compatible with the environment. Neither the PUD nor any portion thereof will be injurious to the use and enjoyment of other properties in its vicinity, seriously impair property values or environmental quality in the neighborhood, nor impede the orderly development of surrounding property.

1.

Natural features. The design of the PUD is as consistent as practical with the preservation of natural features of the site such as flood plains, wetlands, wooded areas, natural drainage ways, or other critical areas of sensitive or valuable environmental character. This includes features such as on-site facilities providing regional benefits, including drainage control using natural drainage and landscaped drainage retention facilities; flood control measures; innovative water conservation designs such as xeriscaping, storm water storage and reuse for irrigation and gray-water irrigation; and use of recycled materials and resource-conserving design.

H.

Circulation. Streets, sidewalks, pedestrian ways, bicycle paths, off-street parking, and off-street loading as appropriate to the planned land uses are provided. They are adequate in location, size, capacity, and design to ensure safe and efficient circulation of vehicles and trucks as appropriate without blocking traffic, creating unnecessary pedestrian-vehicular conflict, creating unnecessary through traffic within the PUD, or unduly interfering with the safety or capacity of adjacent streets.

1.

Connectivity. Connectivity ensures that the street networks of developments and phases of developments connect to existing communities and allow for future connections to adjacent property. These connections will create a more efficient transportation network. New streets must connect to adjacent properties in multiple directions.

2.

Walk-ability. Increased walk-ability of the project. Walk-ability could include a neighborhood center (i.e. a main street or a public space), detached sidewalks, street trees, small block sizes, narrower streets, complete streets with multi-modal opportunities, fewer cul-de-sacs, provides multiple access connections between development and arterial streets, and access to parks and open space.

3.

Transportation infrastructure capacity. A traffic study may be required to determine the PUD's impacts on surrounding streets. As a result of the traffic study, additional on-site and off-site traffic mitigation measures may be required.

I.

Townhouse development. Townhouse development on small lots (less than 4,000 square feet) can often create conflicts with parking, utilities and vehicular access. The applicant will need to eliminate conflicts between the design and location of driveways with public and private utilities, on-street parking and other common features such as street trees, street lights and signs, fire hydrants, common mailboxes, etc.; provide for adequate guest parking; ensure adequate access for solid waste and recycling collection vehicles; minimize the dominance of garages on narrow lots; and provide incentives for lots which utilize alleys for access.

J.

Off-site and on-site improvements plan. A development plan that demonstrates that utilities, driveways, street trees, etc., have been located and designed to minimize conflicts with one another shall be submitted with the PUD plan and preliminary land division application.

K.

Parking/driveways.

1.

Parking small meet the requirements of the underlying zoning or base zoning density, whichever is less restrictive.

2.

Parking. Common areas reserved for guest parking shall have no more than six parking stalls in each area unless applicant demonstrates required parking cannot otherwise be provided.

3.

Driveways. Shared driveways serving two adjacent lots shall be no wider than 30 feet, measured at the driveway throat, unless the applicant can demonstrate on the development plan that a wider driveway will not result in conflicts.

L.

Alley access. Lots with access from rear or side alleys are effective in addressing conflicts at the front street. When provided, alleys and lots served by alleys shall meet the following standards:

1.

Alleys shall consist of 12 foot minimum paved width (with a 1' shoulder on both sides) within a 20 feet public right-of-way or private easement, and shall be constructed in accordance with approved city standards. Width of alleys designated as fire apparatus access lanes shall be as approved by the fire marshal.

2.

All lots adjacent to an alley, existing or proposed, shall provide access to the garage or parking space from the alley, not the adjacent street. Residences with access from alleys shall be oriented to face the public or private street, not the alley.

3.

Alleys shall connect with a public or private street at both ends.

4.

Maintenance of private alleys shall be the responsibility of the homeowner's association. An approved maintenance agreement shall be recorded with the plat.

5.

Subdivisions which provide access from alleys to at least 50 percent of lots shall be eligible for a 10 percent density bonus above the underlying zoning.

6.

For lots which obtain access from a rear alley, decks constructed above the driveway shall not be counted toward the maximum lot coverage of the underlying zoning district.

M.

Solid waste collection. An access and circulation plan for the collection of solid waste and recycling shall be submitted with PUD plan and preliminary land division application. Where collection is not feasible on each lot, a designated common collection point to serve up to four lots, located no further than 200 feet from any lot it serves, may be provided. Common collection points shall be identified on the solid waste and recycling plan, and sized to accommodate the carts and bins associated with the city's solid waste collection system.

N.

Setback variation. No more than four abutting townhouses or townhouse clusters within the townhouse project site shall have a common front or rear building setback. Variations in the setback of front or rear building faces shall be at least four feet.

O.

Building separation. No single grouping or cluster of townhouse units shall exceed 160 feet in length or include no more than eight abutting townhouse units in each cluster. Each cluster/grouping shall be separated from all other groupings of townhouse units by a minimum of ten feet. All building code requirements shall be met.

P.

Private yard area. Every lot containing a townhouse must provide a private yard of at least 150 square feet, oriented to either the building front, rear or side yard. Each private yard shall be separated visually by fences or walls at least four feet in height or plantings to screen first level views from adjacent units.

Q.

Engineering. Preliminary civil engineering plans will be required to determine the feasibility of the project in relation to surrounding properties. Plans that will be required initially include stormwater drainage systems, water/sewer systems, typical building footprints, and a tabulation of the percentage of total building coverage in the development.

R.

Grading. Conceptual grading plans are required for hillside or sloping sites, or sites where extensive grading is anticipated.

S.

Landscaping. Landscaping is intended to enhance the overall appearance of planned unit developments. The landscaping should improve the residential character, break up large expanses of paved areas and structures, provide privacy to the residents and reduce stormwater runoff. Landscaping and fencing around the perimeter of the PUD shall be designed to act as a transition between the PUD and adjacent properties. Landscaping shall be provided to screen storage areas, trash enclosures, utility boxes, maintenance facilities and similar features from view from the street and adjoining properties. Landscaped areas shall feature drought tolerant and preferably native plant materials.

T.

Energy efficiency. The developer is encouraged to provide energy efficiency measures that exceed the city's minimum code requirements. This includes features such as preservation of solar access; south orientation with added glazing for inhabited structures; the use of landscaping and topography for windbreaks and shading; common wall construction; the use of active or passive solar energy systems for primary heating and cooling; energy conserving design of roadways and structures; and use of higher insulation levels than would normally be required.

U.

Lighting. Lighting contributes to the character of the site and should not disturb adjacent development. Lighting should be in scale with surrounding uses and with appropriate shielding, lighting could add safety and ownership to a site, the street or common open space, thus deterring crime. Lighting should not create off-site glare, often caused by lighting in parking areas, building security and general building lighting. All parking area lighting will be designed to incorporate full cut-off type fixtures. Up lighting shall be limited to accent lighting of architectural and landscaping features.

(Ord. No. W-55, § 16, 3-10-2015; Ord. No. W-22, § 78, 4-22-2014)

Editor's note— Ord. No. W-22, § 79, adopted April 22, 2014, repealed in its entirety § 21.39.090, which pertained to residential PUD bonus density and derived from Ord. No. U-97, § 196, adopted Jan. 27, 2009 and Ord. No. T-84, § 5(part), adopted in 2005.

A.

Existing conditions. An application for a planned development shall contain the following information related to existing conditions on the site, presented in narrative, tabular and/or graphic formats:

1.

Vicinity map that identifies surrounding uses within 500 feet of the site boundary.

2.

Zoning map that identifies base and overlay zoning designations for the site and surrounding properties uses within 500 feet of the site boundary.

3.

Site description including the following information provided in narrative, tabular and/or graphic formats:

a.

Topography and natural resources including 100-year flood plain; drainage patterns and courses; wetlands, rivers, springs and other water bodies; significant stands of trees and individual trees with a caliper greater than six inches; significant fish and wildlife habitat, and natural hazards such as steep slopes greater than 15 percent, and unstable, impermeable or weak soils. Exhibit must include a site plan with no greater than five foot contours for slopes of 0—10 percent and no greater than two feet for slopes greater than 10 percent.

b.

Open space inventory including all natural and landscaped areas.

c.

Inventory of cultural, historic and/or archaeological resources on the site, if any.

d.

Existing buildings, if any, including use, location, size and date of construction.

e.

Existing on-site pedestrian, bicycle and vehicular circulation system, if any.

f.

Inventory of existing vehicular and bicycle parking spaces and location of surface and structured parking facilities, if any.

g.

Location and size of all public and private utilities on the site including water, sanitary sewer, storm water retention/treatment facilities, and electrical, telephone and data transmission lines.

h.

Location of all public and private easements.

i.

A description of the type, design and characteristics of surrounding properties.

4.

Detailed description of the transportation system within and adjacent to the site including:

a.

Street classification of all internal and adjacent streets.

b.

Transit service availability.

c.

Baseline traffic impact study prepared by a licensed engineer to include information as required by the city's public works director.

5.

Analysis of existing infrastructure capacity on and in the vicinity of the site.

6.

SEPA checklist.

7.

Applicable review fees.

B.

Planning history. Summary of all previous known land use cases affecting the applicant' s property and a list of all outstanding conditions of approval that either have not been addressed in the past and/or that remain in force at the time of the application.

C.

Proposed development plan.

1.

Description of all proposed development within the planned development, presented in narrative, tabular and graphic formats:

a.

Underlying zoning district boundaries. The existing and proposed configuration of zoning districts shall be illustrated.

b.

Description of the mix of uses, including number of units and/or total gross square feet devoted to each, and approximate location on the site.

c.

All other site improvements including the approximate size and location of walls, barriers and fences; surface and structured parking facilities; bicycle parking facilities; on-site pedestrian, transit and vehicular circulation; transit stops and pedestrian/transit amenities; and open space and landscaped areas.

d.

The conceptual location of new and/or expanded existing public and private infrastructure including water, sanitary sewer, stormwater management facilities; and electrical, telephone and data transmission lines. This includes wireless telecommunications facilities.

2.

Phasing plan for implementation of the proposed development.

3.

Summary of development intensity at full build-out including average floor area ratio and lot coverage.

4.

Summary of transportation facilities including:

a.

Traffic impact study may be required. If required, the study shall be prepared by a licensed engineer that describes traffic impacts associated with each phase of development and at full build-out of the project, and a plan for accommodating this traffic in compliance with Title 11. The specific content of the traffic impact study shall be determined by the public works director.

b.

Parking impact study may be required. If required, the study shall describe the parking demand associated with each phase of the development and at full build-out of the project, and a mitigation plan for accommodating parking demand on the site.

c.

Concurrent or proposed street vacations, with a description of potential parking and traffic/pedestrian impacts, if any, and appropriated measures to mitigate these impacts.

5.

Plan for protecting designated environmental, historic/cultural and open space resources.

6.

Design standards that will govern the orientation and design of buildings and other improvements include but are not limited to the following. Applicants for planned developments shall be encouraged to use building techniques and materials that result in projects that architecturally attractive, durable and energy-efficient.

a.

Architecture, including design standards and building materials board(s), for buildings, fences, walls and other structures.

b.

Landscaping, including design standards and standard plant list. Native plant materials are preferred.

c.

Pedestrian circulation, including development standards, amenities and materials.

d.

Bicycle parking facilities, including specifications.

e.

Signs.

f.

Lighting.

(Ord. No. W-22, § 80, 4-22-2014)

Submission requirements. At the time of construction of a project or phase of development that was approved as part of the concept development plan, the applicant shall submit the following documentation demonstrating that the proposed project or phase is in substantial compliance with that contained in the original approval. An application submitted for a detailed development shall include the following:

1.

Detailed site plan.

2.

Elevations of all buildings.

3.

Landscape plan.

4.

Erosion control plan.

5.

Stormwater management plan.

6.

Narrative documenting the following: Compliance with all development and design standards in the base zone, as modified in the initial concept plan approval. Compliance with all relevant conditions of approval. Consistency with traffic, parking and infrastructure plans contained in the initial concept plan approval.

(Ord. No. W-22, § 80, 4-22-2014)

Planned unit developments shall be reviewed according to the procedures of Chapter 23.030, Land Use Reviews.

(Ord. No. U-97, § 200, 1-27-2009; Ord. No. T-84, § 5(part), 2005)