40.520.080    Planned Unit Development

A.    Purpose.

    The intent of planned unit developments (PUD) is to allow flexibility in design and creative site planning, and in some cases density, while providing for the orderly development of the county that meets the comprehensive plan. Planned unit developments should allow for a mix of housing types, lot sizes, and uses.

    The legislature through the Growth Management Act (RCW 36.70A.090 and RCW 36.70A.020(4)) and the county in its comprehensive plan (Chapter 2.7.1) encourages a creative approach to affordable and diversified housing. Council finds and concludes that planned unit developments are an important development alternative to meet the needs of home buyers by providing a variety of lot sizes and housing styles. Furthermore, the PUD code reduces the restrictive impact of critical area ordinances. Therefore, Council concludes that a PUD implements GMA and the comprehensive plan and that applicants need not demonstrate a change of circumstances.

(Amended: Ord. 2019-05-07; Ord. 2024-06-04)

B.    Applicability.

1.    Planned unit developments are permitted pursuant to the provisions of this section within the following districts: R1-5, R1-6, R1-7.5, R1-10, R1-20, R-12, R-18, R-22, R-30, R-43, OR-15, OR-18, OR-22, OR-30, OR-43, CR-1, CR-2, NC, CC, CL, GC and MX districts.

2.    Uses Permitted.

    Any use consistent with the zone districts designated for the parcel(s) within the proposed planned unit development boundary may be permitted in planned unit developments. The location of the uses in planned unit developments may vary from underlying zoning; provided, that the total allowed uses (e.g., number of residential uses or area assigned to commercial use) was limited by the maximum allowed on each respectively zoned parcel. Applications for PUDs shall be reviewed using a Type II-A process unless submitted with a subdivision, then it shall be reviewed using a Type III process.

(Amended: Ord. 2024-06-04)

C.    Design Flexibility.

1.    Design Flexibility. Zoning standards that may be varied without the need of a variance include, but are not limited to, lot standards, setbacks, landscaping, and parking. Design flexibility for transportation, stormwater, critical area, and other nonland-use-related standards may be reviewed separately through other review processes such as a road modification or stormwater variance.

2.    Site Size. A PUD shall be located on a minimum site size of three (3) acres unless the responsible official finds that the site of the proposed use is adequate in size and shape to accommodate the proposed use and all setbacks, parking, loading, landscape/screening, and other features as required by this title.

3.    Building Height. Maximum building height shall be that of the underlying zone; provided, that the maximum height may be exceeded if the minimum setback of the higher portion of the building is increased at a one-to-one (1:1) ratio (excess height in feet: extra setback in feet).

4.    Open Space. All PUDs shall provide a minimum of twelve percent (12%) open space based on the net site area for active or passive recreational purposes:

a.    Active recreational areas include features such as jogging trails, child play equipment, open fields for pick-up games, game courts, swimming pools, club houses, picnic areas and pavilions.

b.    Passive recreational areas include features such as natural protected areas and open space with features like access trails, benches, interpretive signs and view corridors.

c.    Stormwater facilities may be counted as open space only if they are not fenced, and include features such as natural areas, water gardens and habitat, and are incorporated into the overall open space design.

d.    The open space shall be consistent with the character of the PUD, considering its size, density, expected population, topography, and the number and type of dwellings.

5.    All open space shall be conveyed to and permanently maintained by a home owners association unless a public agency agrees to maintain the open space and any structures or improvements located on it. Prior to final plat/site plan approval, the association of owners will be created under the laws of the state and shall adopt and propose articles of incorporation or association and bylaws, and covenants, conditions and restrictions limiting the uses of the open space shall be adopted and approved by the Prosecuting Attorney.

6.    All PUDs shall provide street trees on public and private roads as well as street lighting, except street lighting will not be required on functional classifications of arterial, collector, and scenic route roadways. One (1) street tree shall be provided on an average of twenty-four (24) linear feet, species chosen from the Clark County Standard Details Manual or specified by a certified landscape architect. Street trees on private roads shall be conveyed and permanently maintained by the home owners association.

(Amended: Ord. 2024-06-04)

D.    Approval Criteria.

    Prior to preliminary approval of the proposed PUD, the Hearing Examiner or the responsible official must find that the following three (3) conditions exist:

1.    Alternate designs proposed will provide a plan equal or superior to the standard being varied.

2.    Through lot size, setbacks, building orientation, and screening, the proposed PUD shall provide a gradual transition adjacent to lower density neighborhoods or nonresidential uses.

3.    The applicant proposes design features that may include, but are not limited to, designs centered on protected natural areas, front porches/recessed garages, pedestrian-friendly orientation, benches/gazebos, water features, recreational areas, stormwater systems designed as features, and affordable housing.

(Amended: Ord. 2024-06-04)

E.    Residential Density Bonus.

    A density bonus may be granted for those PUDs that provide design concepts that will enhance the livability of the proposed development and surrounding area. Each of the following design concepts may result in a three percent (3%) density increase, with a maximum density increase of ten percent (10%):

1.    Variety of housing types and densities.

2.    A mix of uses.

3.    Design that reduces automobile trips and encourages alternative modes of transportation.

4.    Alley vehicle access only for at least fifty percent (50%) of the units.

5.    PUDs that contain more than fifteen percent (15%) open space based on the net site area.

6.    Low impact developments (LID).

(Amended: Ord. 2006-05-01; Ord. 2024-06-04)

F.    Open Space for LIDs.

    LIDs that provide lot sizes equal to or greater than that required by the zoning district shall be exempt from the open space requirements in subsection (C)(4) of this section.

(Amended: Ord. 2010-08-06; Ord. 2024-06-04)