Chapter 17.17 PLANNED UNIT DEVELOPMENT (PUD) OVERLAY ZONE

There may be situations in which the basic provisions of this title may be modified to permit the improvement of land by what is known as a planned unit development (PUD). The Planning Commission may, after giving notice as required by law and holding a public hearing, recommend approval of a PUD and apply conditions of approval for performance and improvements. Planned unit developments (PUDs) shall be permitted in residential zones unless otherwise stated in this title. All PUDs shall conform to the subdivision requirements of AHMC Title 16. (Ord. C-675 § 220, 2008)

17.17.010 Purpose and intent.

It is intended that a PUD be used as an overlay zone in conjunction with the underlying zone to permit a greater degree of flexibility and diversification in the design of a development. Preservation of unique site features and open space is one function of a PUD. Other characteristics include, but are not limited to, private parks, private streets, pedestrian pathways, lighting, fencing, entry sign/monumentation, and landscaping. (Ord. C-675 § 221, 2008)

17.17.020 Preliminary PUDs.

A. PUDs shall be initiated by the owner 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 PUD.

B. The PUD process consists of two phases, a preliminary phase and a final phase. A preliminary PUD includes a site development plan illustrating the concept of the development and uses to be allowed. The decision by the Planning Commission to approve a preliminary PUD shall be binding. This preliminary phase shall not be construed as to render the final PUD inflexible. Said approval is valid for a five-year period, which may be extended up to three years by determination of the City Planner. Any extension of time must be requested by the applicant, in writing, prior to expiration of the original approval, stating specific reasons for such a request.

C. The preliminary PUD application shall include all the requirements for a preliminary plat application contained in AHMC 16.03.030, 16.03.040, and 16.03.050, and shall be processed in accordance with AHMC Title 14, Development Code Administration. In addition, a complete PUD application shall include a PUD narrative and a PUD map, which shall include but is not limited to the following:

1. All proposed improvements that are to be constructed on the land and their locations, including, but not limited to, all residential and nonresidential structures, building heights, recreational facilities, site plans and information showing walls, fences, refuse areas, streets, sidewalks, and public transit facilities;

2. Common open space areas indicating size, grades, and functions upon completion;

3. Floor plans of typical dwelling units, the unit size in square feet, and the amount of private, noncommon open space in square feet;

4. Locations and dimension of all off-street parking facilities, public and private, including public transit and park and ride lots;

5. Locations and sizes of all public and semipublic sites, if applicable (i.e., schools, churches, parks, etc.);

6. A tabulation of the percentage of total building coverage in the development;

7. A tabulation of densities within each project area, phase, or sector;

8. Building elevations showing typical architectural styles to be constructed;

9. 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;

10. A proposed phasing plan and/or timing schedule, if applicable. (Ord. C-675 § 222, 2008)

17.17.030 Final PUDs.

A. Before expiration of the preliminary PUD, approval of the final PUD is required. Approval of the final PUD shall be administrative unless the Planning Commission, at the preliminary PUD hearing, determines a public hearing on the final PUD is required as a condition of final approval. A final PUD differs from the preliminary PUD in the amount of detailed information provided. The final PUD shall include all the requirements for a final plat contained in Chapter 16.05 AHMC, including approved road plans and drainage systems, assurance of building and fire code compliance, and those requirements and conditions applied to preliminary PUD approval. Any PUD not finalized before the expiration of the preliminary PUD approval shall become void. Construction shall not commence until a PUD has been given final approval.

B. No major changes in the approved final PUD, such as rearrangement of lots, blocks, streets, building locations, development standards, or other such changes, may be made subsequent to final development plan approval except upon application to the Planning Department and consideration by the Planning Commission. (Ord. C-675 § 223, 2008)

17.17.040 Phasing.

A. A PUD may be developed in phases or increments, subject to an approved phasing schedule. A master phasing plan shall be submitted with the preliminary PUD for approval by the City Planner. The phasing plan may be approved provided:

1. It includes all land identified in the legal description for the project;

2. The phasing sequence is identified by a map;

3. Each phase has reasonable public or private infrastructure to support the number of dwelling units contained within that phase;

4. The unfinalized portion meets the minimum lot size of the underlying zone for the proposed use, or as further provided under this chapter; and

5. The City approves the necessary documents so that all road improvements required are assured for that phase.

B. A phasing plan may be amended following preliminary PUD approval. The amended phasing plan may be approved by the City Planner provided the above criteria are met. (Ord. C-675 § 224, 2008)

17.17.050 Installation of improvements.

Following approval of a preliminary PUD by the Planning Commission, and before administrative approval of the final PUD, the applicant shall complete minimum improvements in accordance with the provisions of Chapter 16.04 AHMC by one of the following methods:

A. By furnishing the City with a performance bond, satisfactory to the City Attorney, in which assurance is given the City that the installation of the minimum improvements will be carried out as provided in this chapter, Chapter 16.04 AHMC, and other City ordinances, and according to the specifications of the City Engineer, within three years from the date the final PUD is approved by the City Planner:

1. The City Council may grant a one-year extension beyond the required three years if the applicant furnishes an extension to the performance bond, satisfactory to the City Attorney;

B. By actual installation of improvements in accordance with the provisions of this chapter and in accordance with the installation requirements and under the supervision of the City Engineer;

C. By a combination of these methods. (Ord. C-675 § 225, 2008)

17.17.060 Permitted uses.

In the PUD overlay zone, no building, structure, or improvements shall be erected, constructed, converted, established, altered, or enlarged, nor shall any lot or premises be used except for those uses specifically permitted in the following zones:

A. Single-family residential zone (R-1);

B. Manufactured housing zone (RM);

C. Duplex residential zone (R-2);

D. Multiple-family residential zone (R-3). (Ord. C-675 § 226, 2008)

17.17.070 Accessory uses.

Within a PUD, all accessory uses, buildings, and structures are allowed in conformance with this title and the underlying zone in which the PUD is located. (Ord. C-675 § 227, 2008)

17.17.080 Access to development.

The major internal streets serving each PUD shall be functionally connected to at least one minor arterial or collector street as defined in the Airway Heights Public Works Standards. The streets connecting with any PUD, regardless of the zone in which it is located, must be of sufficient size and character to accommodate the traffic generated by the project, without significantly altering the character of existing residential neighborhoods. Evaluation of the proposal pursuant to this title shall include consideration of the following criteria:

A. The increase of traffic which will be generated by the development;

B. The existing width and condition of streets to be affected;

C. The presence or absence of improved sidewalks;

D. Potential impacts upon the value of surrounding properties;

E. The anticipated impact upon availability of parking;

F. The existence of a particular conflict between vehicular and pedestrian traffic;

G. The street type designated by the Public Works Standards. (Ord. C-675 § 228, 2008)

17.17.090 Development standards.

Prior to the issuance of a building permit, evidence of compliance with the provisions of AHMC 17.17.100 through 17.17.250 shall be provided to the Planning Department. (Ord. C-675 § 229, 2008)

17.17.100 Density.

A. In any PUD, the number of dwelling units per acre of land shall not exceed that permitted by the underlying zone, except as approved for density bonus by the Planning Commission. Residential bonus density shall be determined by using the following formula:

Net development factor x number of units allowed in underlying zone + bonus density earned = total units permitted.

The net development factor is the total acreage of the PUD minus the area set aside for, or existing in, any of the following:

1. Churches and schools;

2. Commercial and/or industrial uses;

3. Single-family residential platted area, if determining net development factor for the multifamily portion of a mixed, single-family/multiple-family development;

4. Natural water bodies, including lakes, streams, swamps, marshes, and bogs which are not incorporated in the common open space plan of the PUD;

5. Seventy-five percent of areas having slopes which exceed 40 percent;

6. Public streets.

B. The following units per acre may be cumulatively earned as additional density to the base unit density of the underlying zone:

1. Common Open Spaces.

a. Three-tenths unit per acre bonus if at least 10 percent of the dry, common open space has a slope of 10 percent or less;

b. Three-tenths unit per acre bonus if significant recreation areas are developed and equipped with such features as, but not limited to, trails, landscaped open areas, pools, tennis courts, children’s play areas, etc.

2. Environmental Concerns.

a. Fifteen one-hundredths unit per acre bonus if on-site drainage control is accomplished through integrating facilities into the usable common open space or common recreation area;

b. Fifteen one-hundredths unit per acre bonus if significant general public access is provided to a lake or river, one-tenth unit per acre bonus to trails; one-tenth unit per acre bonus to scenic viewpoints.

3. Internal Circulation and Parking.

a. One-tenth unit per acre bonus if the off-street parking is 50 feet or less from the entrance to the building served; if one can walk under cover from structure to parking, the parking may be up to 150 feet away and still receive the bonus;

b. Two-tenths unit per acre bonus if one-half of the required parking is covered; three-tenths unit per acre bonus if all the required parking is covered;

c. Fifteen-one-hundredths unit per acre bonus if parking areas are kept small (10 to 20 spaces in a group) and interspersed with landscaping, or provided within or under main buildings;

d. Fifteen-one-hundredths unit per acre bonus if provisions are made for an internal bikeway, physically separated from, and not adjacent to, heavy auto traffic facilities.

4. Public Service and Facility Availability.

a. Fifteen-one-hundredths unit per acre bonus if public transit is available within one-quarter-mile walking distance of the majority of dwelling units and offices;

b. Fifteen-one-hundredths unit per acre bonus if off-site convenience shopping facilities are functionally accessible within reasonable walking distance (approximately one-half mile);

c. One-tenth unit per acre bonus if sewer and water lines lie within, or are adjacent to, the site at the time of application, and the sewer district and water district indicate that their systems will not be stressed by the added development;

d. Fifteen-one-hundredths unit per acre bonus if the primary means of access to the project is via an arterial;

e. One-tenth unit per acre bonus if the development provides a crime prevention plan, incorporating locks, dwelling unit lighting, street lighting, doors, windows, and alarms, approved by the City of Airway Heights Police Department, if such crime prevention plan is not in conflict with other applicable laws and ordinances;

f. One-tenth unit per acre bonus if the project is located within a portion of a school district which that district has identified as a preferred enrollment growth area, consistent with that district’s five-year planning objectives;

g. Fifteen one-hundredths unit per acre bonus if integrated special facilities and a program to encourage and facilitate use of public transit and other ride-sharing (e.g., van/carpooling) are incorporated into the design and operation of the project (e.g., sheltered, lighted waiting/loading facilities, including benches; posted and distributed schedule/route information; park-and-ride spaces; carpool matching programs; subscription bus service; bus passes incorporated in monthly maintenance charges). This effort must be approved by the Planning Department in consultation with the Spokane Transit Authority (STA);

h. Two-tenths unit per acre bonus if the applicant uses a design/development team, consisting of an architect, engineer, landscape architect, land surveyor, and builder, through the design and construction phases of the project;

i. Fifteen-one-hundredths unit per acre bonus if the development features a mix of housing types with at least 10 percent of the total dwelling units being detached single-family dwellings. Detached single-family residences; attached single-family residences; duplexes; townhouses and apartments are examples of housing types.

C. Proposed land uses within accident potential zones must comply with the population density guidelines outlined in the air installation compatible use zone (AICUZ) study prepared by Fairchild Air Force Base. (Ord. C-675 § 230, 2008)

17.17.110 Minimum lot area.

Each lot used for residential purposes shall have a minimum area of 800 square feet, unless the underlying zone(s) specifically sets minimum lot areas for residential purposes in a PUD. (Ord. C-675 § 231, 2008)

17.17.120 Minimum frontage.

Each lot used for residential purposes shall have a minimum width of 30 feet with 30 feet minimum frontage on a public or private street, or pedestrian access, unless the underlying zone(s) specifically sets minimum frontage for residential purpose in a PUD. (Ord. C-675 § 232, 2008)

17.17.130 Minimum yards.

Except when otherwise approved at time of PUD hearing, minimum setbacks of the underlying zone shall apply to exterior project boundaries. Interior yards shall be as approved on the PUD site development plan. Each development will be reviewed to ensure adequate provision of light and air for all structures. (Ord. C-675 § 233, 2008)

17.17.140 Maximum building coverage and height.

A maximum of 60 percent of the site may be used for building coverage, exclusive of right-of-way dedications. Building height maximums of the underlying zone may be waived on an individual building to allow greater flexibility with the development. Consideration shall be given to adjacent land uses and building heights, as well as building relationships within the development. (Ord. C-675 § 234, 2008)

17.17.150 Parking standards.

Parking standards for uses in a PUD overlay zone shall be as provided in Chapter 17.21 AHMC. (Ord. C-675 § 235, 2008)

17.17.160 Signage standards.

Signage standards for uses in a PUD overlay zone shall be as provided in Chapter 17.23 AHMC. (Ord. C-675 § 236, 2008)

17.17.170 Landscaping standards.

A schematic landscape design must be submitted with the preliminary PUD application. Landscaping standards for uses in a PUD overlay zone shall be as provided in Chapter 17.22 AHMC. (Ord. C-675 § 237, 2008)

17.17.180 Storage standards.

Storage standards for uses in a PUD overlay zone shall be as provided in Chapter 17.25 AHMC. (Ord. C-675 § 238, 2008)

17.17.190 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 on three sides with a five-and-one-half-foot-high concrete block, masonry wall, or sight-obscuring fence with a sight-obscuring gate for access. (Ord. C-675 § 239, 2008)

17.17.200 Mechanical equipment.

All rooftop mechanical equipment shall be placed behind a permanent screen, completely restricted from view. (Ord. C-675 § 240, 2008)

17.17.210 Utilities.

All utilities shall be underground unless deemed impractical because of conditions such as terrain. The power or phone companies involved in the PUD shall be the prime factor for whether or not the City Planner will allow for the change in the utilities. All changes in the utilities are subject to review by the City Planner and Planning Commission. (Ord. C-675 § 241, 2008)

17.17.220 Street design flexibility.

A. Within a PUD project, private street pavement widths may be reduced to 20 feet for one-way traffic, or 22 feet for two-way traffic; if all the following conditions are fulfilled:

1. On-site parking shall be provided which is functionally convenient to planned dwelling units, and which is at least equal to the zone requirement plan; one-half stall per unit for guest parking;

2. One-way streets or loop streets with one access point shall serve no more than 30 units and be no more than 1,500 feet long; one-way streets shall be signed at every intersection;

3. On-street parking shall be prohibited;

4. Privately owned and maintained “no parking” or “fire lane” signs shall be required;

5. Roadway horizontals and vertical alignment shall be consistent with Airway Heights Public Works Standards;

6. Assurance of permanent maintenance of private streets and parking areas shall be provided by the landowners, unless otherwise provided by a homeowners’ association through protective covenants maintained by legal means by the group or organization;

7. All areas which are to be occupied or traveled over by motor vehicles shall be paved;

8. All streets shall have sidewalks and be compliant with current ADA (American Disabilities Act) regulations;

9. All streets, parking areas, and facilities shall be compliant with current ADA (American Disabilities Act) regulations.

B. Drainage. A drainage plan shall be required consistent with the Airway Heights Public Works Standards.

C. Pedestrian Circulation Facilities. Within PUD projects, pedestrian circulation facilities serving each unit shall be provided in accordance with the following criteria:

1. Paved with asphalt, concrete, or Portland cement;

2. Safely convenient to each dwelling unit served;

3. Functionally and safely convenient to schools and to industrial, commercial, recreational, and utility areas within or adjacent to the project, and functionally convenient to a larger pedestrian circulation system outside the PUD;

4. Sufficiently wide (minimum of six feet) to accommodate the potential uses;

5. Located and designed in accordance with approval from the City Engineer; and

6. All facilities and services will be compliant with current ADA (American Disabilities Act) regulations.

D. All streets, parking areas, and facilities shall be lighted. All light poles shall be made of metal. (Ord. C-675 § 242, 2008)

17.17.230 Required open space.

A. A minimum of 10 percent of total area of the PUD shall be reserved as common open space. The applicant shall choose one or any combination of the following three methods of administering common open space:

1. Dedication of common open space to the City, which is subject to formal City acceptance;

2. Establishment of an association or nonprofit corporation of all property owners or corporations within the project area to ensure perpetual maintenance of all common open space;

3. Retention of ownership, control, and maintenance of all common open space by the applicant. All privately owned common open space shall continue to conform to its intended use and remain as expressed in the final PUD plan by the inclusion in all deeds of appropriate restrictions to ensure that the common open space is permanently preserved according to the final PUD plan. The deed restrictions shall run with the land and are for the benefit of present as well as future property owners of the PUD and shall contain a prohibition against future divisions or segregations without further City approvals.

B. All common open space, 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.

C. A minimum of 200 square feet of private open space shall be provided per residential unit. (Ord. C-675 § 243, 2008)

17.17.240 Design criteria.

The aforementioned development standards contained in AHMC 17.17.100 through 17.17.230 are intended to accomplish the following design criteria objectives in all PUDs:

A. Open spaces, pedestrian and vehicular circulation facilities, parking facilities, and other pertinent amenities shall be an integral part of the landscape, and particular attention shall be given to the retention of natural landscape features of the site;

B. The layout of structures and other facilities shall effect conservation in street and utility improvements;

C. Recreational areas (active and passive) shall be generally dispersed throughout the development and shall be easily accessible from all dwelling units. (Ord. C-675 § 244, 2008)

17.17.250 Public transit.

All developments located within the public transit benefit area requiring 20 or more parking spaces shall provide bus loading and shelter facilities if so required by the Planning Department in consultation with the Spokane Transit Authority (STA). (Ord. C-675 § 245, 2008)