Chapter 33.23
PLANNED UNIT, AGRICULTURAL RETENTION, RURAL CHARACTER CONSERVATION, RURAL LOW MIXED AND CLUSTER DEVELOPMENTS

Sections:

33.23.010    Planned unit, agricultural retention, rural character conservation, rural low mixed and cluster developments – Purpose and criteria.

33.23.020    Permitted uses.

33.23.030    Minimum standards.

33.23.040    Procedure for county action on a planned unit, agricultural retention, rural character conservation, rural low mixed or cluster development.

SOURCE:    ADOPTED:

Ord. 581    12/19/95

AMENDED SOURCE:    ADOPTED:

Ord. 627    10/10/97

Ord. 631    02/03/98

Code Reviser’s Note: Amendments to CCC 33.23.040 completed under Ordinance #627 were not included as part of the revisions under Ordinance #631 and were reevaluated for consistency and intent with Chapter 26.10 CCC and adjusted accordingly under the advice of the project planner.

33.23.010 Planned unit, agricultural retention, rural character conservation, rural low mixed and cluster developments – Purpose and criteria.

The purpose of this chapter is to encourage subdivisions of land which involve the careful application of design to achieve a more functional, aesthetically pleasing and harmonious living environment within the County. A planned unit, agricultural retention, rural character conservation, rural low mixed, or cluster development allows flexibility in meeting the intent of the Comprehensive Plan and Zoning Code through the waiver of some of the development standards of the underlying zoning district. This chapter applies to residential planned unit developments, agricultural retention developments, rural character conservation, rural low mixed, and forest land cluster developments.

The applicant for a planned unit, agricultural retention, rural character conservation, rural low mixed, or cluster development shall demonstrate compliance and consistency with all of the following criteria, in addition to the minimum standards of this chapter, the comprehensive plan and all other applicable State and County regulations:

(1) The planned unit, agricultural retention, rural character conservation, rural low mixed, or cluster development is designed and arranged to relate to surrounding properties and to minimize adverse impacts of noise, traffic and incompatible land uses.

(2) The planned unit, agricultural retention, rural character conservation, rural low mixed, or cluster development is designed and situated to minimize alteration of significant natural features.

(3) The planned unit, agricultural retention, rural character conservation, rural low mixed, or cluster development promotes compatibility among land uses within the development and outside the development.

(4) The planned unit, agricultural retention, rural character conservation, rural low mixed, or cluster development results in a positive contribution to the community which could not be achieved through standard platting and zoning procedures.

(5) The planned unit, agricultural retention, rural character conservation, rural low mixed, or cluster development is consistent with the spirit and intent of the Clallam County Comprehensive Plan, Zoning Code, Shoreline Master Program, Land Division Code, Floodplain Management Code, Environmental Policy Code, Six (6) Year Road Plan, Health, Building and Fire Codes and other applicable State and County codes.

33.23.020 Permitted uses.

All allowed or conditional uses in the zone for which the planned unit or cluster development application is made and such other accessory uses which are permitted in the underlying zone are permitted in a planned unit or cluster development if consistent with an approved master site plan.

33.23.030 Minimum standards.

The following minimum standards apply to all planned unit, agricultural retention, rural character conservation, rural low mixed, or cluster developments:

(1) All development standards except the agricultural reserve percentage, forest reserve percentage or rural large lot/open space percentage requirements (RCC or RLM) of this chapter shall, as applied to an approved planned unit, agricultural retention, rural character conservation, rural low mixed, or cluster development, supersede those of the underlying zone.

(2) The minimum residential lot area, the maximum number of lots in a single cluster of an agricultural retention development, width, frontage and yard requirements, setback standards, street standards, and building heights otherwise applying to development in the underlying zone(s) may be modified consistent with the planned unit, agricultural retention, rural character conservation, rural low mixed, or cluster development.

(3) A visual buffer located within the boundary of the residential portions of the planned unit or cluster residential development shall be established along all property boundaries with adjacent rural residential zoning districts to assure that the planned unit, agricultural retention, rural character conservation, rural low mixed, or cluster developments development is compatible to abutting low density development through appropriate screening and/or setbacks. The width of the visual buffer shall be at least equal to the underlying zone setbacks for rear, front or side yards, whichever is appropriate. The visual buffer shall be consistent with the landscaping standards in Chapter 33.53 CCC.

(4) Cluster developments in Commercial Forest/Mixed Use zoning districts shall retain at least seventy (70) percent of the site in timber management uses. Agricultural retention developments shall retain at least seventy-five (75) percent of the site in agricultural land use or in open space uses suitable for rapid conversion to agricultural land use. Rural character conservation developments and rural low mixed developments shall meet the minimum large-single lot/open space requirements contained in their respective chapters in the Zoning Code. The minimum lot size for a rural character conservation development or a rural low mixed development utilizing the cluster development option shall be eleven (11) acres of contiguous ownership; provided, that parcels that were in noncontiguous, individual ownerships smaller than eleven (11) acres at the time of passage of the interim zoning code (February 27, 1995) shall have the right to divide to their underlying cluster density utilizing the same large lot/small lot percentages contained in the zoning district in which they are located.

(5) The tract or tracts of land included in a proposed planned unit or cluster development must be in one ownership or control or subject of a joint application by the owners of all the property included.

33.23.040 Procedure for county action on a planned unit, agricultural retention, rural character conservation, rural low mixed or cluster development.

(1) Hearing Examiner or Zoning Administrator Action. As part of the public hearing on the underlying subdivision of land pursuant to the Clallam County Land Division Code, CCC Title 29, the Hearing Examiner shall consider the proposed planned unit, agricultural retention, rural character conservation, rural low mixed, or cluster development. If the proposal is a short subdivision, the Administrator shall make the decision on the proposed development per the short subdivision process (Chapter 29.17 CCC) and the requirements of this chapter.

(a) The Hearing Examiner or Administrator shall approve the proposed planned unit, agricultural retention, rural character conservation, rural low mixed, or cluster development if the examiner or administrator finds that:

(i) The proposed action is consistent with the spirit and intent of the Clallam County Comprehensive Plan.

(ii) The proposed action is consistent with this title, including the standards of this chapter.

(iii) The proposed action will have no unreasonable adverse impact on the general public, health, safety and welfare.

In making a decision of approval, the Hearing Examiner or Administrator may add conditions of approval as may be necessary to assure that the proposal will comply with the criteria for approval. Upon approval, the preliminary master site plan becomes a final master site plan and all future development must show consistency with the final master site plan.

(b) If the Hearing Examiner or Administrator finds that the preliminary master site plan does not substantially comply with the criteria for approval, the Hearing Examiner or Administrator may deny the proposal.

(2) Hearing Examiner Appeal of an Administrator’s Decision. Any appeal shall be consistent with Chapter 26.10 CCC.