Chapter 18.70
PLANNED UNIT DEVELOPMENT (PUD) OVERLAY ZONE
Sections:
18.70.010 PUD overlay designation does not alter existing underlying zone.
18.70.060 Relationship to adjacent areas.
18.70.070 Preapplication consultation – Preapplication conference.
18.70.080 Application submission.
18.70.090 Procedure for approval of preliminary master site plan (PMSP).
18.70.100 Master site plan (MSP).
18.70.110 Phased development and revisions.
18.70.010 PUD overlay designation does not alter existing underlying zone.
When approved in accordance with this chapter, a PUD is established as an overlay zone and, as such, does not alter the existing underlying zoning designation. [Ord. 95-01 § 32; Ord. 94-02; Ord. 90-02 § 32.]
18.70.020 Purpose.
A. The purpose of the planned unit development (PUD) overlay zone is to enhance and diversify the recreational and economic opportunities in Columbia County through the development of planned unit developments that complement the natural and cultural attractiveness of the area without unmitigated significant adverse affect on environmental and natural features (pursuant to Chapter 16.05 CCC, Chapter 43.21C RCW et seq.), cultural or historic resources and their settings, and other significant resources. The PUD overlay zone allows for the development of planned destination resorts which provide a designed mixture of visitor-oriented and full-time accommodations, including a variety of residential, recreational, and commercial facilities, consistent with the comprehensive plan.
B. It is the intent of this chapter to establish procedures and standards for developing large-scale recreational communities while ensuring that all applicable land use requirements are achieved and available resources are used productively and efficiently. The aim of this chapter is to encourage imaginative design and layout of all facilities governed by this chapter in a manner that:
1. Reflects sensitivity to the natural environment;
2. Preserves open space and wildlife habitat;
3. Promotes compatibility among land uses within the development;
4. Utilizes the highest-quality architectural design and a harmonious use of materials; and
5. Results in a positive and aesthetic contribution to the community.
C. Chapter More Specifically to Achieve the Following.
1. Imaginative design and the creation of permanent open space by permitting greater flexibility in design and density or other standards.
2. More efficient use of those public facilities required in connection with such development.
3. Compatibility with adjacent land uses.
4. Preserve or create environmental amenities superior to those generally found in conventional developments.
5. Preserve to the greatest possible extent the natural characteristics of the land, including topography, vegetation, shoreline areas, wildlife habitat, and views.
6. Encourage development of a variety of housing types. [Ord. 95-01 § 32; Ord. 94-02; Ord. 90-02 § 32.]
18.70.030 Where permitted.
The planned unit development overlay zone may be permitted in the following land use zones subject to the terms and conditions herein:
A. A-1 zone.
B. A-2 zone.
C. A-3 zone.
D. AR-1 zone.
E. AR-2 zone. [Ord. 2017-03 (Exh. C); Ord. 95-01 § 32; Ord. 94-02; Ord. 90-02 § 32.]
18.70.040 Permitted uses.
A planned unit development, when approved in accordance with this title, is established as an overlay zone and as such, does not alter the existing underlying zone designation or the uses therein. Development standards of this title shall, as applied to an approved master site plan, supersede those of the underlying zone. The following uses are permitted, provided the uses are part of a PUD pursuant to an approved master site plan (MSP) and this chapter; and provided, that the uses permitted herein are not prohibited by the underlying zone of the particular property.
A. Visitor-oriented accommodations such as lodges, hotels, resorts, motels, bed and breakfast facilities, rental homes and cabins, condominiums, townhouses, time-share units, similar transient lodging facilities, convention and conference facilities.
B. Residential dwellings such as single-family dwellings, multifamily dwellings, condominiums, townhouses, time-share units, and other residential dwellings compatible with the purposes of this chapter.
C. Developed recreational facilities such as golf courses, clubhouses, pro shops, and sports and spa facilities, and undeveloped recreational areas.
D. Commercial facilities and services such as restaurants, barber shops, beauty salons, specialty shops, real estate and other professional offices, convenience store with gas service facilities, and other such services which provide for the needs of the community’s residents and visitors and which are compatible with the purposes of this chapter.
E. Open space areas such as wetlands, golf courses, green belts, buffers, and wildlife preserves.
F. Facilities necessary for public safety such as fire and security stations, waste disposal, and utilities within the PUD or the county, notwithstanding any limiting provision of this chapter to the contrary.
G. Transportation-related facilities, emergency medical facilities, and storage structures and areas, provided these uses are ancillary to the PUD.
H. Cultural, community, educational and entertainment facilities such as theaters, churches, amphitheaters, galleries, and arts and crafts centers which are compatible with the purposes of this chapter.
I. Boat docks and marinas compatible with the purpose of this chapter and the Columbia County shoreline master program. [Ord. 95-01 § 32; Ord. 94-02; Ord. 90-02 § 32.]
18.70.050 Minimum standards.
The following minimum standards apply to all planned unit developments:
A. Planned unit developments shall not be permitted on a parcel or combined parcels of land less than 40 acres in size or in an urban growth area less than five acres in size.
B. At least 75 percent of the total of the acreage for all approved planned unit developments shall be dedicated to a mixture of permanent open space, natural areas, and/or active recreational areas, excluding streets and parking areas.
C. Active recreational uses such as golf courses, pools, tennis courts and playing fields shall be provided to adequately meet the needs of the residents and the guests of the planned unit development.
D. The maximum density for residential dwellings including hotel and motel units shall not exceed one unit per two acres of the overall master site plan.
E. Parking provisions shall be in accordance with a transportation management plan as submitted with the application and approved for the project.
F. The minimum lot area, width, frontage and yard requirements, setback standards, road standards, and building heights otherwise applying to development in the underlying zone(s) may be modified consistent with the master site plan of the planned unit development.
G. The tracts, or tracts of land, included in this planned unit development must be in one ownership or control of the subject or a joint application by the owners of all the property included.
H. All uses within the planned unit development shall be harmonious with each other through the use of special design, placement, or screening.
I. Unless otherwise approved in accordance with applicable sign regulations, on-premises signs shall be designed and erected in conformance with design guidelines, as submitted and approved with the project.
J. Commercial services provided as part of the planned unit development shall be contained within the development and shall be oriented to serve the planned unit development. The protection of public views shall be considered in orienting such uses.
K. All development within the planned unit development will comply to CCC 18.135.040, Standards relating to physical limitations of land. [Ord. 2010-03 § 1; Ord. 95-01 § 32; Ord. 94-02; Ord. 90-02 § 32.]
18.70.060 Relationship to adjacent areas.
The PUD shall be designed to take into account the relationship of the site to the surrounding area. The perimeter of the PUD zone shall be so designed as to minimize undesirable impacts on adjacent property. [Ord. 95-01 § 32; Ord. 94-02; Ord. 90-02 § 32.]
18.70.070 Preapplication consultation – Preapplication conference.
A property owner or developer who considers developing property in accordance with these regulations may request an informal review with the planning department regarding the provisions of this section prior to submitting a formal application or making binding commitments in preparation of plans, surveys, and other data necessary for processing the PUD application. Upon receiving a written request for an informal review, the planning department will request a meeting with appropriate county and other resource agencies and the owner or developer to acquaint staff with the proposal and the applicant with the procedures and development standards of this title, and to identify design deficiencies or conflicts, if any. [Ord. 95-01 § 32; Ord. 94-02; Ord. 90-02 § 32.]
18.70.080 Application submission.
The request for authorization and development of PUD pursuant to this section shall be submitted in three steps: (1) a notice of application and a State Environmental Policy Act (SEPA) checklist; (2) review of preliminary master site plan (PMSP) for the entire development; and (3) subsequent administrative review and authorization for each phase of development pursuant to the final master site plan (MSP).
A. Notice of Application. A notice of application and SEPA environmental checklist shall be submitted to the director of planning, providing sufficient information to make a SEPA threshold determination, as required by Chapter 16.05 CCC. At the option of the applicant and with concurrence of the planning director, the applicant may submit a written request for a determination of significance in lieu of an environmental checklist. The SEPA process shall follow the procedures as outlined in Chapter 16.05 CCC.
B. Preliminary Master Site Plan (PMSP). The PMSP may be submitted subsequent to meeting the provisions of CCC 18.70.070, Preapplication consultation, and initiation of the SEPA review process. The PMSP provides the framework for approval of the planned recreational community and is intended to ensure that the proposal meets or will cumulatively meet the requirements of this section throughout the project build-out period. The PMSP shall include the following minimum information:
1. A textual discussion of the proposal in sufficient detail to allow the planning commission information necessary to appraise and evaluate each of the following:
a. A written description of the project elements;
b. A legal description of the subject property;
c. A general description of the project location in relation to the surrounding area;
d. A discussion of the method of providing the development with water, power, and solid waste disposal;
e. A sewage management plan describing the method of sewage disposal for the project;
f. A description of the anticipated phasing of the proposal, if any, and the anticipated project completion date;
g. A transportation management plan;
h. Design standards for minimum lot area, width, frontage and yard requirements, setback standards, street standards, and building heights within the PUD;
i. Design standards for on-premises signs and off-premises directional signs;
j. An operation and maintenance plan for common facilities such as sewer, water, open space, trails, and landscaping;
k. A description of the methods proposed for lighting ensuring minimum impact on adjacent properties and measures to provide security within the PUD;
l. A description of measures to be taken to protect natural resources, including wildlife within and near the PUD;
m. A fire protection plan;
n. A description of the elements within the PUD that will be restricted from public use and which elements will be available to the general public. Discussion shall include how public access will be provided, where appropriate;
o. Signature of the applicant; and
p. Signature of landowners or agent authorized to act on behalf of the landowners, if other than the applicant.
2. A topography map which includes one or more drawings at a scale to be pre-arranged with the planning director including:
a. Location of streets and roads, access points, open spaces, trails, buffers, recreational areas, and location and distribution of land uses;
b. Location of natural or artificial drainage ways on the development site and any proposed site drainage improvements;
c. A vicinity sketch showing the relationship of the proposed development to existing streets and nearby creeks or rivers, wetlands, shorelines, and other significant natural features;
d. A landscaping plan showing conceptual landscaping and screening;
e. Location of identified natural hazards such as flood lands and landslide areas; and
f. Schedule of anticipated phases, if any.
3. Such additional information as deemed materially necessary by the planning director to enable the county to review and take action on the project. [Ord. 95-01 § 32; Ord. 94-02; Ord. 90-02 § 32.]
18.70.090 Procedure for approval of preliminary master site plan (PMSP).
The applicant shall submit three copies of the PMSP to the director.
A. Planning Director and Other County Department Review.
1. Within 28 days of receipt of the PMSP, the director shall determine if the application is complete and, if relevant, shall notify the applicant as to which portion of the application is incomplete. The applicant shall submit any additional information necessary to complete the application. When the application is determined to be complete, the applicant shall provide an additional 25 copies of the completed application.
2. The planning director shall prepare a written report including comments by the county engineer, health official, assessor, sheriff and any other agency notified for comment. Said report shall indicate therein whether the proposed project does or does not comply with the purpose of the comprehensive plan and may include proposals which, if affected, would make the project conform.
B. Planning Commission Review and Recommendation.
1. The planning commission shall hold a public hearing to review the PMSP and shall provide notice of such hearing in accordance with CCC 18.05.070. The planning commission’s public hearing shall be scheduled within 20 days of the receipt of a complete application or, if applicable, within 20 days of compliance with the SEPA procedures, whichever is later, and such hearing shall occur within 60 days of scheduling.
2. Written comment regarding the proposal, received by the director, shall be transmitted to the planning commission. At the public hearing or any continuations of the hearing, any interested persons may appear before the commission and submit oral or written testimony.
3. Following the public hearing, the commission shall consider all submitted information, recommendations, and testimony and shall review the PMSP’s consistency with the standards of this chapter. The planning commission shall render a recommendation within 30 days of the public hearing.
4. If the commission finds that the PMSP substantially complies with the county comprehensive plan and the purpose and standards set forth in this section, and does not negatively impact the general public health, safety and welfare, it shall recommend approval. If it finds that the PMSP does not substantially comply with such standards, the commission may recommend denial. In making its recommendation to the board of county commissioners, the commission may recommend conditions of approval, based on the requirements of this section, ensuring the project’s consistency with the comprehensive plan and this section.
5. Within 14 days of the planning commission’s decision, the director shall forward the project application and the planning commission’s recommendation on the PMSP along with findings and conclusions and reasons in support of the planning commission’s recommendation, to the board of commissioners, together with all the data considered by the commission in reaching its decision.
C. Board of Commissioners Review and Decision.
1. Upon receipt of the planning commission’s recommendation, the board shall, at its next public meeting, set the date for the public meeting at which the board shall consider the planning commission’s recommendation. The board’s meeting to consider the PMSP shall occur no later than 30 days from receipt of the planning commission’s recommendation.
2. The board, after reviewing the recommendation of the planning commission and accompanying reports, documentation, and any other relevant evidence presented to it, shall issue a decision either concurring with or rejecting the planning commission’s recommendation based on review of the submitted record or shall hold a public hearing as provided in CCC 18.05.070.
3. If the board, after reviewing the submitted record, decides to hold a public hearing on the planning commission recommendation on the PMSP, or proposes to adopt major changes to the PMSP, or proposes to reject the planning commission recommendation, the board shall set a date for a public hearing at which all interested persons may appear before the board and be heard on the proposal to approve or disapprove the PMSP or the revised version thereof. The public hearing shall occur within 30 days of the board’s initial review. At the conclusion of the public hearing, or any continued hearing, the board shall issue a decision to approve, modify, or disapprove the PMSP or a revised version thereof. The board may require conditions of approval based on the requirements of this title that ensure the project’s consistency with the county comprehensive plan and this chapter. The board’s action shall include written findings and conclusions supporting its decision.
4. The action by the board of commissioners shall be final and conclusive unless within 21 days from the date of said action the original applicant or an adverse party makes application to a court of competent jurisdiction of a writ of certiorari, a writ of prohibition or a writ of mandamus.
D. Processing the PMSP with Other Permits. When applicable, the review procedures for the PMSP may be combined with those procedures of other county ordinances, such as long and short plat subdivision ordinances (CCC Title 17), upon the option of the director. Public hearings and hearing notices may be consolidated as a result. [Ord. 2017-04; Ord. 95-01 § 32; Ord. 94-02; Ord. 90-02 § 32.]
18.70.100 Master site plan (MSP).
Approval of the PMSP by the Columbia County board of commissioners shall render the document a final master site plan (MSP).
A. The MSP binds the project proponents and their successors to the proposed project as approved, applicable development standards of this section, and conditions of approval, if any. Approval of the MSP confirms that the proposal is consistent with the purpose of the provisions for planned unit developments and the comprehensive plan and provides the basis upon which subsequent permits, including building permits, may be reviewed and issued. Such approval affirms the county’s commitment to the approval of subsequent development of the PUD consistent with the MSP.
B. The master site plan approval shall remain valid for 15 years from the time the developer can legally begin construction, provided the first phase of development has been approved and construction begun within three years of the master site plan approval. A one-time, one-year extension for the first phase of construction may be granted by the director upon receipt of a written request at least 30 days prior to the date of expiration.
C. If the master site plan is not fully implemented within 10 years of the MSP approval date, the project proponent shall prepare a status report for the board of county commissioners. The status report shall be submitted to the director for the board’s review and shall include the following information:
1. A description of the process made to date toward full implementation of the MSP;
2. The anticipated completion date of remaining improvements; and
3. A description of how the project has met the intent and purpose of this chapter. [Ord. 95-01 § 32; Ord. 94-02; Ord. 90-02 § 32.]
18.70.110 Phased development and revisions.
Following approval of the MSP, individual phases of the PUD and minor revisions to the MSP shall be reviewed and approved by the planning director. Site-specific development phases and minor MSP revisions shall be administratively approved, provided such proposals are substantially consistent with the approved MSP.
A. Elements of Phased Proposals.
1. Each phase of the PUD may consist of one singular land use or combination and mixture of land uses, provided such phases, together with previously completed phases, if any, shall be consistent with the intent and purpose of this chapter.
2. A particular phase of the PUD may vary from the minimum standard set forth in the zoning ordinance, provided all phases of the PUD, in the approved MSP, cumulatively meet said minimum standards, i.e., setback, road standards, etc.
3. When applicable the review procedures for the proposal may, at the option of the director, be combined with those procedures of other county ordinances, such as the subdivision ordinance.
4. As a result of phased development, the director may require sureties or other performance guarantees for the completion of infrastructure and operation and management of facilities serving the development.
5. Each phase submitted for administrative review shall include the proposal’s convenants, conditions and restrictions (CC&Rs) for administrative approval. The CC&Rs shall include, at a minimum, provisions for:
a. Use, improvement and maintenance of all common open space areas which may be accomplished through a homeowners’ or business owners’ association, by the land developer, or by a public or private agency consistent with applicable state requirements;
b. Architectural design standards for all residential dwellings and commercial structures and the establishment of an architectural design review committee; and
c. Limitations on the nature and the extent of individual, on-premises business signage so that all commercial uses are publicized as an integral part of the PUD and are oriented toward the development.
B. Determination of Consistency.
1. A development phase or revision shall be considered substantially consistent with the MSP, as determined by the director, if the proposal meets the following standards:
a. The proposal is within the scope and intent of the MSP; and
b. The proposal presents similar environmental effects and is of a similar size and scale as identified during the MSP review process.
2. Any proposal that does not meet the above standards shall not be considered substantially consistent with the MSP and shall be reviewed in accordance with the procedures of CCC 18.70.080 or may be modified and resubmitted by the project applicant.
3. A proposal that is considered substantially consistent with the MSP shall be given administrative approval to proceed. This administrative approval shall not exempt the project proponent from obtaining any other required local, state or federal permits or approvals.
4. The director shall provide a written decision to the board of county commissioners and the project proponent within 15 days of receipt to the proposal as to whether the director considers the request:
a. Substantially consistent with the MSP; or
b. Substantially inconsistent with the MSP.
5. The determination that the proposal is substantially inconsistent with the MSP may be appealed by the project proponent to the board of county commissioners. A written request for the appeal must be submitted to the board and the director within 15 days of the director’s written decision and shall be reviewed by the board no later than 30 days from the date of the proponent’s appeal request. The board shall render a written determination on all such appeals based on the standards in subsection (B)(1) of this section within 15 days of the review of the appeal. If the board determines that the proposal is consistent with the MSP, the project shall proceed as permitted by other applicable regulations. If the board determines that the proposal is inconsistent with the MSP, the proposal shall undergo further review in accordance with the procedures of CCC 18.70.080, or may be modified and resubmitted by the project proponent.
6. A decision by the board of county commissioners that the proposal is substantially consistent shall be final. [Ord. 95-01 § 32; Ord. 94-02; Ord. 90-02 § 32.]