There is established the planned unit development area and the conditions and standards by which such areas may be located within the R-1 zone and by which planned unit development may be permitted therein.

(Ord. 876 §97, 1999: Ord. 672 §2, 1987).

(Ord. No. 1027, § 30, 4-16-2013)

The essential function of the planned unit development area is to provide flexibility in the development of private, planned residential areas while retaining high standards of development.

(Ord. 876 §98, 1999: Ord. 672 §3, 1987).

Planned unit development areas may be approved within the R-1 zone. Once approved, such areas shall be identified on the official zoning map by the symbol "PUD" and with appropriate references to the PUD plan and explanatory text.

(Ord. 876 §99, 1999: Ord. 672 §4, 1987).

(Ord. No. 1027, § 31, 4-16-2013)

The planning commission may adjust the requirements of this title within a planned unit development site to allow flexibility such as for cluster developments, common open space areas, grouping of parking spaces, or grouping of buildings, subject to the following limitations:

(a)

The total off-street parking facilities shall not be less than the sum of the required facilities for the various uses computed separately, provided that shared use of parking spaces may be approved in accordance with MLMC Section 17.36.030(2).

(b)

All public or private streets, paving, curbs, sidewalks, utilities, lights, parks, recreation facilities and similar facilities shall be developed according to city standards, unless specifically waived by the planning commission upon recommendation of the director of the appropriate city department.

(c)

The maximum building coverage, yard requirements and maximum height shall be the same as the underlying zone, but may be modified by the planning commission, provided consideration is given the following principles:

(1)

Privacy. Mitigating measures may include fences, insulation, and landscaping to provide reasonable visual and acoustical privacy for dwelling units and spaces for private use;

(2)

Light and Air. Building spacing, coverage and heights shall be designed to provide adequate natural light and air;

(3)

Code Compliance. In no case shall spacing, setbacks, heights or buildings violate fire or building code requirements;

(4)

Compatibility. The planned unit development shall be integrated with surrounding land uses and minimize any negative impact resulting from the development.

(d)

The requirements for front yards for the R-1 zone shall apply to all exterior boundary lines of the site.

(Ord. 876 §100, 1999: Ord. 672 §5, 1987).

(Ord. No. 1027, § 32, 4-16-2013)

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. 672 §6, 1987).

In issuing building permits for construction within a planned unit development, the planning director may permit minor adjustments of the location or dimensions of buildings, providing such adjustments shall not exceed the approved density, the total number of dwelling units authorized, nor the overall building coverage, nor decrease the number of parking facilities, nor permit buildings to be located closer to the site boundary line, nor change any points of ingress or egress to the site, nor reduce the open space nor negatively impact the public utilities.

(Ord. 876 §101, 1999: Ord. 672 §7, 1987).

The number of dwelling units permitted within a planned unit development may be increased above the maximum number of dwelling units permitted within the underlying zone by taking advantage of the bonus density allowances provided in this section. In no event shall the bonus density exceed thirty percent over the density allowed in the underlying zone. The maximum number of dwelling units permitted within the PUD shall be computed by dividing the residential PUD area by the minimum lot size per unit required by the underlying zone. Eligibility to obtain bonus density is based upon site plan review and approval by the planning commission. Bonus densities are intended to provide the incentive to encourage additional amenities or preserve valuable natural or cultural features. By inclusion of the following amenities in the project design, the assigned bonus densities may be granted by the planning commission if after evaluation it is determined that the design features meet the expectations and intentions included in this section, and that an appropriate private agreement, covenant, or other mechanism is in place to guarantee that the facilities mentioned below are properly maintained:

(a)

Up to fifteen-percent bonus density may be granted if at least ten percent of the residential PUD area is open space developed with recreational facilities such as, but not limited to, improved trails, landscaped open areas, gathering hall, swimming or wading pools, tennis courts, playground equipment, baseball or soccer fields.

(b)

Up to ten-percent bonus density may be granted if at least ten percent of the residential PUD area is designated natural open space.

(c)

Up to fifteen-percent bonus density may be granted if an internal bike and pedestrian system separated from heavy auto traffic is incorporated into the project design.

(d)

Up to five-percent bonus density may be granted if public transit facilities are provided, such as sheltered, lighted waiting/loading facilities including benches. The facilities must be approved by the Spokane Transit Authority.

(e)

Up to ten-percent bonus density may be granted if on-site drainage control is accomplished.

(f)

Up to ten-percent bonus density may be granted if all required parking is paved with an impervious surface.

(g)

Up to ten-percent bonus density may be granted if required parking is covered.

(h)

Up to ten-percent bonus density may be granted if all open space areas are landscaped.

(i)

Up to ten-percent bonus density may be granted if sight-obscuring buffering of fencing or landscaping is provided between the site and adjacent land uses that may be adversely impacted by the project.

(Ord. 876 §102, 1999: Ord. 672 §8, 1987).

The planned unit development area is that portion of the planned unit development site suitable for residential development and used as a basis for computing permissible site coverage and density bonuses, and shall be the total residential planned unit development site less: Dedicated or private roads.

(Ord. 876 §103, 1999: Ord. 672 §9, 1987).

Editor's note— Sec. 48 of Ord. No. 1130, adopted November 19, 2024, deleted § 17.34.090, which pertained to application conference, and derived from Ord. 672, 1987.

For a planned unit development application to be deemed complete, the following must be submitted:

1.

An appropriate city application form;

2.

A written description of the proposal;

3.

A site plan;

4.

Any studies, reports, or documentation to support the request;

5.

A written response to the approval criteria of MLMC 17.34.040, Conditions and Standards;

6.

A SEPA checklist unless the proposal is exempt from SEPA; and

7.

The applicable fee.

(Ord. 846 §104, 1999; Ord. 672 § 11, 1987).

(Ord. No. 1130, § 49, 11-19-2024)

Planned unit developments are processed through a Type III review with the planning commission holding a public hearing and making a recommendation to the city council who makes the final decision. The Type III review process is found in MLMC Section 19.270.040, Type III reviews.

(Ord. 876 §105, 1999: Ord. 672 §12, 1987).

(Ord. No. 1130, § 50, 11-19-2024)

Editor's note— Sec. 51 of Ord. No. 1130, adopted November 19, 2024, deleted § 17.34.112, which pertained to notice of hearing, and derived from Ord. 876, 1999.

Editor's note— Sec. 52 of Ord. No. 1130, adopted November 19, 2024, deleted § 17.34.113, which pertained to approval or rejection, and derived from Ord. 876, 1999.

No PUD shall be approved unless it has been determined that public facilities will be adequate to support and service the proposed PUD area. The applicant shall have completed a concurrency inquiry application or concurrency test as outlined in MLMC Chapter 16.02, Concurrency Management. The results of such an inquiry or test shall demonstrate the expected impact, use, and availability of concurrency facilities to serve the proposed development. Concurrency facilities are facilities for which concurrency is required in accordance with the provisions of MLMC Chapter 16.02. They include roads, transit, potable water, electric utilities, sanitary sewer, solid waste, stormwater management, law enforcement, fire emergency medical service, schools, parks, and libraries. Development applications that would result in a reduction of level of service below the minimum level of service standard shall not be approved.

(Ord. 876 §108, 1999).

If the owner places restrictions on any of the land contained in the PUD greater than those required by the zoning code or these regulations, such restrictions or reference to those restrictions may be required to be indicated on the subdivision plat, or the planning commission may require that restrictive covenants be recorded with the Spokane County auditor's office in a form to be approved by the city attorney.

(Ord. 876 §109, 1999).

Editor's note— Sec. 53 of Ord. No. 1130, adopted November 19, 2024, deleted § 17.34.120, which pertained to failure to commence construction, and derived from Ord. 876, 1999.

Editor's note— Sec. 54 of Ord. No. 1130, adopted November 19, 2024, deleted § 17.34.130, which pertained to appeal of decision, and derived from Ord. 876, 1999.