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Chapter 18.67
PLANNED RESIDENTIAL DEVELOPMENT (PRD)Sections:
18.67.020 Purpose.
18.67.030 Where permitted.
18.67.035 General review procedures.
18.67.040 Permitted uses.
18.67.050 Development standards.
18.67.120 On-site recreation —Space required.
18.67.130 Alternative recreation space.
18.67.140 On-site recreation or open space design requirement.
18.67.150 Residential density.
18.67.160 Maximum residential density.
18.67.170 Approval requirements.
18.67.180 PRD development agreement.
18.67.190 On-going site development review.
18.67.220 Effect of approval of a PRD.
18.67.240 Modification to an approved permit.
18.67.020 Purpose.
It is the purpose of this chapter to encourage mixed residential land development within urban growth areas which involves the careful application of design components to achieve the creation of innovative housing developments and a more efficient utilization of public facilities in exchange for public benefits that help achieve comprehensive plan goals. This chapter promotes imaginative design and the preservation of natural characteristics of the land to facilitate a more aesthetically pleasing and harmonious living environment within residential areas than what might otherwise be achieved by the strict application of the DCC. (Ord. TLS 97-10-71B Exh. F (part))
18.67.030 Where permitted.
A planned residential development (PRD), when approved in accordance with the DCC and this chapter, is established as a development permit and, as such, does not reclassify the existing zoning district designation. A PRD may be permitted within any residential zoning district located within a designated urban growth area, provided it is consistent with the comprehensive plan and the following minimum project size:
A. R-M district and R-H district: One and one-half acres; and
B. R-L district and C-TR district: Five acres. (Ord. TLS 97-10-71B Exh. F (part))
18.67.035 General review procedures.
The request for authorization and development of a PRD shall be processed in the following manner:
A. PRD permit application review is classified pursuant to DCC Section 14.10.040 “Quasi judicial review.”
B. Subsequent project phases, development actions and/or permits such as divisions of land, building permits, or substantial shoreline permits shall be processed in accordance with the appropriate application classification of DCC Title 14, the approved PRD master plan and the applicable development regulations of the DCC.
C. Prior to the expiration of the PRD approval or date of the last project phase or development action approved pursuant to subsection B of this section, all construction and improvements not completed within five years of approval of the project phase shall be subject to compliance with the applicable standards in effect at the time of application for specific development and construction permits. (Ord. TLS 97-10-71B Exh. F (part))
18.67.040 Permitted uses.
A PRD may include the following uses:
A. A combination of residential dwellings such as single attached, single detached, modular homes, manufactured homes, duplexes, multifamily and other similar dwellings in accordance with this chapter and the DCC;
B. Single purpose developments may only be allowed for the following types of developments in accordance with this chapter and the DCC:
1. The proposed PRD is located within a R-M, R-H, or C-TR district,
2. All or up to a portion of sixty percent of the proposed PRD is designed as a zero-lot-line development,
3. The proposed PRD is developed as a manufactured home park in accordance with DCC Section 18.67.050C;
C. Accessory uses specifically designed to meet the needs of the residents of the PRD such as garages, carports, personal and recreational vehicle storage, and other similar noncommercial uses;
D. Developed recreational facilities such as clubhouses, tennis or racquetball courts, ball fields, trails, sports fields, spa facilities, horse arenas and riding academies, parks, undeveloped recreational areas and other similar type uses;
E. Shared boat docks, launch facilities, and marinas compatible with the purposes of this chapter and the Douglas County shoreline master program; and
F. Cultural, community and entertainment facilities which are compatible with the purposes of this chapter. (Ord. TLS 97-10-71B Exh. F (part))
18.67.050 Development standards.
A. Mixed Dwelling Units Required. A mixed residential development shall include a combination of residential dwelling unit types except as prescribed in DCC Section 18.67.040B. A minimum of fifteen percent of the PRD development shall include duplexes, zero-lot-line or multifamily dwelling units. At no time shall more than fifty percent of the dwelling units in a mixed development be a single dwelling unit type.
B. Single-Purpose Developments. A single purpose development authorized by DCC Section 18.67.040B and in an R-L district shall be located adjacent to an arterial roadway and have a minimum separation of two thousand five hundred feet from an existing zero-lot-line or manufactured home park.
C. Manufactured Home Parks. At no time shall the maximum density allowed exceed six units per acre in the R-L district or eight units per acre in an R-M or R-H district. Manufactured home parks and manufactured home park portions of a mixed development shall meet the minimum standards set forth in DCC Chapter 18.80.
D. Yard, Setback, and Width Requirements. The minimum yard, setback, and width requirements otherwise applying to the development in the zoning district may be modified from the standards of the district, provided:
1. The minimum front, side and rear yard requirement on the exterior boundaries of the proposed PRD shall not be less than twenty feet and the minimum front yard setback within the interior of the PRD shall not be less than fifteen feet. Interior yards and setbacks shall be as approved on the PRD development plan and each development will be reviewed to ensure adequate provision of light, air and life safety for all structures.
2. Distance between buildings: All buildings that are not attached or do not have common walls shall be separated by a minimum distance of ten feet.
3. Each lot utilized for residential purposes shall have a minimum width of not less than thirty feet on an interior public or private road. Lots located on an exterior perimeter road or street shall comply with the normal minimum lot width of the district.
E. Minimum Lot Size. The minimum lot size within a PRD may be modified from the normal standards of the district, and reduced by twenty-five percent of the district requirement unless located on an exterior perimeter road or street. Lots located on the exterior perimeter boundary or along an exterior road of the PRD shall be reduced by not less than ten percent of the normal minimum lot size requirement of the zoning district.
F. Maximum Building Coverage. The maximum lot coverage may be increased by twenty-five percent of the normal district requirement.
G. Maximum Building Height. The maximum building height within a PRD shall be the same as permitted in the district. Whenever possible, development of the PRD shall be designed to maximize views for each dwelling unit and to ensure that the views of surrounding properties have been considered.
H. Landscaping. Landscaping shall be required at entries into a PRD, for on-site recreation areas and facilities, and in conjunction with multifamily complexes in accordance with DCC Chapter 20.40. Natural landscape features including existing trees, shrubs and ground cover, drainage ways, rock outcroppings, and slopes shall be preserved to the greatest extent possible.
I. Buffer. A buffer shall be required when a PRD has a density and/or intensity greater than that allowed within an R-L district. The buffer shall include a combination of additional landscaping, fencing, increased setbacks and/or other alternatives which mitigate impacts to adjacent properties.
J. Parking Requirements. Parking shall be provided in the same ratio as required for the district and shall meet the minimum provisions established in DCC Chapter 20.42 and the following:
1. For each ten multifamily dwelling units, four additional parking spaces shall be required for visitor parking when on-street parking is unavailable. Special considerations may be given to low traffic generators such as senior citizen or assisted living housing.
2. Additional parking/storage areas shall be required for recreational vehicles (RVs) such as campers, boats, trail bikes, motor homes and other similar vehicles unless these types of vehicles are precluded by the developer in the form of covenants or other restrictions, approved by the director. When thirty or more dwelling units are proposed, one parking space shall be provided for every ten dwelling units the size of the parking/storage area shall be based on the following:
a. Parking/Storage Stalls. Minimum of ten feet wide by twenty-eight feet long;
b. Access Driveway. Minimum of thirty feet in width;
c. Parking/Storage Lot. The minimum area requirement for each space, together with access and maneuvering area shall not be less then seven hundred square feet.
K. Special Areas. A PRD which is adjacent to any lake, river, drainage or other waterway shall provide pedestrian or vehicular access in accordance with DCC Chapter 18.16.
L. Flexible Standards. A PRD may allow development standards different from those imposed under the DCC, except as provided in the applicable district in relation to permitted uses and performance standards, provided a development agreement is recorded pursuant to DCC Section 18.67.180. The development agreement may be necessary in order to provide flexibility to achieve public benefits, respond to changing community needs, and encourage modifications which provide the functional equivalent to or adequately achieve the purposes of county standards. Any approved development standards that differ from that in the DCC shall not require any further district reclassification, variance from the DCC or other county approval apart from the PRD. The development standards as approved through the PRD and development agreement shall apply to and govern the development and implementation of each PRD site in lieu of any conflicting or different standards or requirements elsewhere in the DCC. (Ord. TLS 01-04-07B Exh. B (part); Ord. TLS 97-10-71B Exh. F (part))
18.67.120 On-site recreation—Space required.
On-site recreation space is required in accordance with DCC Chapter 18.16 and the following:
A. The on-site recreation may include a combination of natural areas, parks, landscaped areas, trails, and/or visual corridors, provided that a minimum of ten thousand square feet or sixty percent of the on-site recreation, whichever is greater, is contiguous usable space.
B. All required on-site recreation or required open space shall be preserved in perpetuity pursuant to DCC Chapter 18.16. (Ord. TLS 97-10-71B Exh. F (part))
18.67.130 Alternative recreation space.
In lieu of providing on-site recreation within the PRD project area, an area may be provided off-site, on sites other than that in the PRD development for public facilities, provided it is for a public benefit. Off-site locations may include provisions for schools, parks, fire stations, bicycle/pedestrian trails and other general facilities, provided the following criteria are met:
A. The public facility dedication is for the public benefit, it exceeds the basic requirements of this title, and is acceptable to the applicable agency;
1. The off-site improvement is located within one-half mile of the PRD project area, unless otherwise approved by the hearing examiner upon the recommendation of the receiving government agency,
2. The contribution of public facilities and/or land area shall be as a result of a direct impact by the development,
3. The developer shall enter into negotiations to reach an agreement with the appropriate government agency. Confirmation of an agreement with the agency regarding location, type and timing of the facility shall be submitted as a part of the application review,
4. A development agreement is entered into and recorded with the county auditor pursuant to DCC Section 18.67.180.
B. Areas designated for public facility use as enumerated in DCC Section 18.67.130 shall be designed and configured appropriate to the type of use and meet the minimum provisions established within the DCC and the standards and specifications of the receiving agency. (Ord. TLS 97-10-71B Exh. F (part))
18.67.140 On-site recreation or open space design requirement.
A. The following areas shall not be calculated in whole or in part as a portion of the required on-site recreation or open space:
1. Public and/or private roads or streets, parking lots and storm drainage, except as specifically enumerated within this chapter;
2. Slopes in excess of thirty-five percent, geologically hazardous areas, water bodies, and/or submerged or marshy/boggy land.
B. The location, shape, size and character of the open space shall be configured appropriate to the scale and character of the planned density, expected population, and topography of the area. On-site recreation areas shall be centrally located in the development and designed for active and passive recreation unless otherwise approved by the hearing examiner.
C. A minimum of sixty percent of the on-site recreation or open space shall be concentrated and/or connected into large usable areas. The remaining forty percent may be designated as buffers, entry features, recreation facilities, streetscape, and/or used for a natural trail system or other uses approved by the hearing examiner.
D. On-site recreation areas or open space may contain such complimentary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents of the PRD, provided that the building coverage of such buildings or structures shall not exceed fifty percent of the minimum on-site recreation or open space required.
E. At least sixty percent of the on-site recreation area or open space required shall be reasonably level to accommodate active recreational uses with slopes no greater than six percent. On-site recreation areas shall be located on a public or private road or street with a minimum frontage width of thirty feet if the site is two acres or less in size and sixty feet of frontage width for areas larger than two acres. (Ord. TLS 97-10-71B Exh. F (part))
18.67.150 Residential density.
The maximum number of dwelling units permitted per acre for a PRD shall be determined by utilizing the maximum density levels established by the comprehensive plan and the amount of public benefit or design elements provided within the proposed development.
A. Residential density shall be determined by the following formula: Final density (equals) Units per acre (minus) Deficiency units (times) Net Development in acres.
1. Units Per Acre. Units per acre shall be determined for each zoning district by multiplying the following number of units per acre by one hundred and fifty percent.
a. R-L low residential--4 units per acre.
b. R-M medium residential--15 units per acre.
c. R-H office high residential and C-TR tourist recreation commercial--24 units per acre.
2. Deficiency Units. The maximum allowable density within a PRD shall be determined by the subtraction of any of the listed design criteria deficiency points set forth in DCC Section 18.67.160.
3. Net Development in Acres. The net development acres shall be determined by including existing public and/or private roads or streets, other dedicated public lands, geological hazard areas, water bodies, wetlands, submerged or marshy/boggy lands, slopes in excess of thirty-five percent, rock outcroppings, and areas located within a designated floodway.
B. For sites with more than one residential land use designation, the maximum density shall be calculated for the site area of each land use classification. The final density of the project may be distributed within the project area in any manner, provided it complies with the requirements of this DCC chapter.
C. Exceeding the maximum density permitted within the district requires the connection to a domestic sanitary sewer system or an approved on-site community sewage collection and disposal system. Sewage collection systems shall be designed to connect to a domestic sanitary sewer system when it becomes available to the site.
D. Bonus dwelling units may also be earned and transferred to the PRD project through the transfer of density credit (TDR) by providing any of the open space, park site, or public facilities on sites other than that of the PRD project area. The amount of density credits shall be determined by the maximum allowable density of the comprehensive plan. The amount of transferable density shall not exceed sixty percent of the maximum density allowed and shall be calculated as a proportionate share of the land costs and/or improvement value based on its appraised improvement value for residential purposes. (Ord. TLS 01-04-07B Exh. B (part); Ord. TLS 97-10-71B Exh. F (part))
18.67.160 Maximum residential density.
A. The deficiency points following the design criteria listed below shall be deducted if the design item is not provided, however at no time shall the maximum allowable density enumerated in DCC Section 18.67.150 be exceeded:
1. The applicant shall use a design/ development team that at a minimum consists of a licensed architect, engineer, surveyor, landscape architect, and licensed building contractor throughout the design and construction phases of the project. (-0.35)
2. On-site stormwater drainage retention facilities are integrated as usable recreation areas with a slope ratio not exceeding 7 units horizontal to 1 unit vertical. (-0.20)
3. Transit stops and the construction of shelters, pull-outs and other associated transit systems shall be integrated into the project. (-0.10)
4. Trees shall be planted adjacent and along the entire frontage of public and/or private road rights-of-way on the property being developed. Planting areas shall be a minimum of five feet in width and consist of deciduous trees at least four feet high at the time of planting on no greater than fifty foot centers. Suitable groundcover including grasses and/or low growing shrubs to complement the trees shall also be provided. (-0.25)
5. At least two covered parking spaces shall be provided for all residential dwelling units. Covered parking shall be in the form of carports, garages, or above/below ground parking garages. (-0.13)
6. Parking areas which are kept small (ten to twenty spaces) in any group and interspersed with landscaping, recreation features, structures, or other similar uses when applicable. (-0.10)
7. Provisions shall be made for bike, pedestrian and/or natural trail systems, the majority of which are physically and functionally separated from motor vehicle traffic by a distance of ten feet or more. Separation may include such features as landscaping, undulated berms, natural features, topography, open space, or other similar features. Trail systems shall encompass the entire development and may be incorporated as part of the on-site recreation required. The trail system components shall connect all public open space, drainage ways, shoreline areas and other trail systems designated in the comprehensive plan. Trail system components shall be a minimum of eight feet wide and improved with an all-weather surface suitable for the type of trail proposed. (-0.26)
8. Natural drainage ways shall be incorporated into the overall PRD design and left undisturbed or enhanced with native ornamental landscaping when applicable. (-0.18)
9. The PRD project shall contain a facility for a daycare. The daycare facility shall be of sufficient size to serve the projected demand for such services generated by the project. (-0.08)
10. Significant recreational areas shall be developed and equipped with such features as swimming pools, tennis courts, commercial grade playground equipment, community center or other significant features. (-0.30)
11. At least twenty-five percent of the site shall incorporate duplex, multifamily or zero-lot-line dwelling units to a maximum of fifty percent. (-0.35)
12. Duplexes, multifamily units and zero-lot-line lots shall be dispersed throughout the PRD. (-0.25)
13. Solar design and access considerations shall be incorporated into the design of the development and proposed buildings. This may include using topographical features of the development, siting criteria for structures, or specific structure design requirements for solar use. (-0.16)
14. Accessory features such as benches, trash cans, tables and other similar attributes to enhance the character of the open space or other features shall be provided in the development. This shall not include primary garbage disposal areas. Trash cans shall be forty-two inches high with a total radius of two feet or less. The accessory features shall be consistent to the overall design of the development. (-0.10)
15. An area shall be designated and developed with each PRD phase for the storage of personal property and/or recreation vehicle storage. Storage areas shall be sized and designed for the sole use by the residents within the development. Common features shall include perimeter Type I or Type II landscaping, accessibility to all residents, minimal lighting, and similar architectural features as the proposed residential structures. Signs for advertising purposes are prohibited. (-0.20)
16. Pedestrian access, open space and recreation amenities shall be provided and incorporated into the PRD, when the PRD adjoins cultural/historical sites or waterbodies such as ponds, creeks, rivers or lakes, when applicable. (-0.25)
17. Landscape decks/garden porches shall be incorporated into the design of all duplexes and multifamily units. (-0.10) (Ord. TLS 97-10-71B Exh. F (part))
18.67.170 Approval requirements.
It is the intent of this DCC chapter to provide a framework for the review and approval of a PRD application and is intended to ensure that the proposal will meet or will cumulatively meet the requirements of this chapter through the project build-out period.
A. Conditions of Approval. A PRD permit approval is subject to the following provisions:
1. A preliminary subdivision plat and site plan for the entire PRD showing the locations of sensitive areas and bluffs, required open spaces, PRD perimeter buffer, location, type of structures and range of densities for residential development, and location, type and size of nonresidential development;
2. The expected buildout time period for the entire project and the various phases;
3. Project phasing and other project-specific conditions to mitigate impacts on the environment, on public facilities and services including transportation, utilities, drainage, police and fire protection, schools, and parks;
4. Required on-site recreation space meeting the criteria set forth in DCC Chapter 18.16 and 18.67;
5. The maximum allowable density shall be based on DCC Section 18.67.150;
6. The preliminary plat shall show and note on the face of the plat the bulk design and dimensional standards, including the location, type, size, and ranges of uses of improvements, buildings and structures that shall be implemented throughout subsequent development within the PRD;
7. The site plan accompanying the application shall show the suitability of the area for the proposed development, including existing and proposed topography at two-foot contour lines for slopes ten percent or less and five-foot contour intervals for slopes exceeding ten percent.
8. The PRD shall be in compliance with the goals and policies of the comprehensive plan and that the public purposes set forth in this chapter have been served; and
9. The application would not be detrimental to the public health, safety and welfare of the community.
B. Approval of the PRD pursuant to DCC Section 18.67.170 shall cause the subject property to be identified on the official zoning map of Douglas County by the symbol “PRD” with appropriate reference to the PRD standards listed in subsection A of this section, conditions of approval, and if applicable the development agreement.
C. Designation of the property as a PRD binds the property owners and their successors to the development described and depicted in the application, site plan and approval of the PRD, and applicable development standards of this chapter. The PRD designation confirms the PRD is consistent with the purpose of and provisions for planned residential developments, and the comprehensive plan and provides the standards by which subsequent development permits, including building permits, shall be reviewed.
D. The review authority may require financial assurance in accordance with DCC Chapter 14.90 to guarantee/warranty compliance with permit conditions, protection of public facilities and conformance with other applicable requirements of the DCC. (Ord. TLS 97-10-71B Exh. F (part))
18.67.180 PRD development agreement.
The conditions of PRD permit approval shall be attached to a development agreement acknowledged by Douglas County and all property owners within the PRD. The development agreement shall be:
A. Binding on all property owners and their successors to develop a PRD only in accordance with the conditions of the PRD permit; and
B. Recorded with the county auditor prior to the effective date of the PRD permit or any development proposal which was submitted and reviewed concurrently with the PRD permit application. (Ord. TLS 97-10-71B Exh. F (part))
18.67.190 On-going site development review.
A. Depending on the proposed action, the site development plan, or subsequent phases, shall be reviewed pursuant to DCC Section 14.10.020 “Limited administrative review” or DCC Section 14.10.030 “Full administrative review.” The director may approve or conditionally approve a site development plan if it is substantially consistent with the PRD development plan approved pursuant to this chapter, the DCC and any conditions attached thereto.
B. If a site development plan is not considered by the director as substantially consistent with the PRD development plan, the specific development permit application shall be considered a request for a major revision and shall be reviewed as a new application pursuant to this chapter and the DCC. (Ord. TLS 97-10-71B Exh. F (part))
18.67.220 Effect of approval of a PRD.
A. The designation of a PRD shall remain valid for five years after the last phase of development was approved, provided physical development consistent with the approved development plan, as set forth below, has been commenced within three years of the date of adoption of the PRD designation.
B. If physical development of the PRD (or the first phase thereof) has not been commenced within the applicable time period, the PRD shall be extinguished. (Ord. TLS 97-10-71B Exh. F (part))
18.67.240 Modification to an approved permit.
A. To assure development of lands contained within an approved PRD permit are developed in a manner consistent with PRD approval and to provide flexibility throughout the phases of physical development, the director is granted broad authority and responsibility to approve modifications to approved PRD permits. The director may establish, as necessary, procedures for reviewing requests for modifications and may, when deemed appropriate, require the submission of requests for modification to the approving review authority for determining consistency with the original approval.
B. Minor adjustments to an approved PRD shall be reviewed pursuant to DCC Section 14.10.030 “Full administrative review.” Minor adjustments are characterized by those which may affect the precise dimensions, siting of buildings or lot lines, but which do not: affect the type, character and/or architectural style of buildings, increase the total amount of building floor area; increase the number of dwelling units, decrease or substantially change the location of required buffers; decrease the amount of required parking; decrease on-site recreation or open space areas and/or increase the number of points of ingress and egress to the site.
C. Modifications that exceed the conditions of a PRD approval pursuant to subsection A of this section, DCC Section 18.67.170 and/or as determined by the director to be inconsistent with the intent of the approved PRD shall be considered a request for a major revision to the PRD and shall be reviewed and approved in accordance with the procedures of this chapter as a new application. The new application shall be reviewed according to the applicable regulations in effect at the time of new application. (Ord. TLS 97-10-71B Exh. F (part))