Chapter 19.66


19.66.010    Purpose.

19.66.020    Applicability and scope.

19.66.030    Definitions.

19.66.040    Permitted uses.

19.66.050    Discretionary standards.

19.66.060    Density.

19.66.070    Minimum open space requirements.

19.66.080    Submittal requirements.

19.66.090    Preliminary approval criteria.

19.66.100    Review process and approving authority.

19.66.110    Expiration of preliminary PUD approval.

19.66.120    Final PUD approval.

19.66.130    PUD amendments.

19.66.140    Pre-existing planned unit developments.

19.66.150    Severability.

19.66.010 Purpose.

The purpose of this chapter is to establish a review process for certain types of residential development. The planned unit development (PUD) process provides an alternative to the traditional approach to subdividing property, allowing for variety in plat design and building type in exchange for open space, recreational amenities and better overall design. The PUD process is designed to achieve:

(1) The preservation of open space, critical areas as defined by Chapter 17.10 LMC, natural vegetation and significant trees, watercourses, historic buildings and places and other features of value to the community;

(2) Efficient street and utility systems through the clustering of structures;

(3) Use of innovative methods and concepts not readily available under traditional subdivision and zoning methods; and

(4) Flexibility to encourage a more creative development approach that will result in a more efficient, aesthetically pleasing and desirable use of land. (Ord. 3033 § 2, 2007).

19.66.020 Applicability and scope.

(1) The PUD zone shall be a floating overlay zone and shall apply to a single property or grouping of contiguous properties when application is made in accordance with this chapter. The provisions of this chapter may be utilized in the R-1, R-2, R-3, R-4, and TNR zoning districts. Unless otherwise provided, the underlying land use regulations of the zone in which the property is located shall still apply. The PUD process may not be applied to single-family lots that are incapable of further subdivision, and may not serve as a means of avoiding procedures more appropriately reviewed under the variance provisions of Chapter 19.12 LMC. There is no minimum size area required for a site to qualify as a PUD; provided, that the other applicability standards and eligibility requirements set forth in this section are met.

(2) Unless a proposal qualifies under subsection (3) of this section, a PUD development application shall be processed concurrently with an application for preliminary plat (subdivision) and provides a mechanism to vary from some subdivision and zoning standards as more specifically set forth herein. The PUD approval shall be superimposed on the underlying zoning district and shall constitute a limitation on the use and design of the site. Short subdivisions (short plats) are not eligible to use the PUD provisions.

(3) Development that does not include the division of land (e.g., attached dwelling units, multi-family development, apartments, etc.) shall not be required to submit for concurrent subdivision approval and may utilize the provisions of this chapter; provided, that the use is permitted in the underlying zoning district and that all standards of this chapter are met. (Ord. 3182 § 8, 2011; Ord. 3033 § 2, 2007).

19.66.030 Definitions.

For the purposes of implementing this chapter, the following definitions apply:

“Gross density” means the total number of dwelling units divided by the total project area, without subtracting areas devoted to open space, roadways, parks or similar public use and infrastructure areas.

“Open space” means any land or area that is retained for use as active or passive recreation areas, or for resource protection in an essentially undeveloped state. Open space may be: (1) dedicated to the city; (2) placed in a conservation easement; or (3) owned by a homeowners’ association. Building setbacks, yards, rights-of-way, and undeveloped portions of residential lots shall not be included as open space. Open space may be utilized for stormwater management through low impact development (LID) approaches that utilize dispersion and/or infiltration of stormwater runoff. Stormwater facilities that serve as a recreational or aesthetic amenity may be utilized to satisfy up to one-quarter of the required open space area.

“Planned unit development” or “PUD” means a development that differs from a conventional subdivision or development by means of enhanced and unified site design, building layout, environmental protection, and open space preservation in a more clustered setting than allowable under the zoning regulations of the base zone. As regulated by this chapter, a PUD is a floating zoning designation subject to discretionary approval. In appropriate circumstances and as approved, the PUD overlay allows an applicant to take advantage of discretionary zoning and subdivision standards as specifically set forth in this chapter. (Ord. 3351 § 9, 2017; Ord. 3033 § 2, 2007).

19.66.040 Permitted uses.

Any use consistent with the underlying residential zoning district designation of the parcel(s) within the proposed PUD boundary may be permitted within a PUD. In addition, attached single-family dwelling units (e.g., townhomes) located on individual lots and owned in fee may be allowed in all residential zoning districts through the PUD approval process, consistent with LMC 19.66.050, which allows for the consideration of a zero lot line setback. In addition, multifamily dwelling units (e.g., condominiums, apartments) may be allowed in the R-2 zoning district as part of PUD; provided, that the total number of multifamily units does not exceed 35 percent of the total dwelling units of the proposal. The city retains the right under this chapter to impose conditions deemed necessary to protect the interests of adjacent properties including, but not limited to, required buffering, limitations on building height and bulk, and the imposition of design standards. Regardless of the proposed use(s), the density within a PUD shall not exceed the gross density allowed in the underlying zoning district per LMC 19.66.060. (Ord. 3033 § 2, 2007).

19.66.050 Discretionary standards.

Upon compliance with this chapter, the use of land may comply with the provisions in this section in lieu of some of the provisions of the zone where the property is located, and applicable subdivision standards. In approving a PUD, the city may grant modifications to standards that would otherwise apply under a conventional subdivision. This discretion is only extended to the following standards:

(1) Minimum lot size and building site dimensions;

(2) Yard requirements (setbacks), including front, rear and side. Zero lot line setback configurations may be approved;

(3) Minimum dimension requirement as set forth in LMC 19.80.130;

(4) To provide opportunities for unique development designs and the ability to accommodate site constraints, the minimum development standards for street right-of-way improvements including the regulations related to right-of-way width, pavement width, planting strips, sidewalk construction and similar standards may be modified for the “residential access” street classification, subject to review and approval by the city engineer and city fire chief if the applicant demonstrates that all of the following criteria are met:

(a) There are topographical or physical conditions such as steep slopes, wetlands, stormwater mitigations, streets, utilities, lot patterns, street patterns or other conditions that justify departure from strict adherence to the standard to be modified;

(b) That the modification is consistent with sound engineering principles and it will be safe, practical and efficient;

(c) That the proposed modification is consistent with the intent and purpose of the standard being modified; and

(d) That the proposed modification is consistent with the goals and policies of the comprehensive plan;

(5) Additional proposed deviations from city standards may be approved in accordance with LMC 19.80.180 as part of the preliminary plat process. (Ord. 3089 § 3, 2009; Ord. 3033 § 2, 2007).

19.66.060 Density.

The gross density of a PUD shall not exceed what would be permissible in the underlying zoning district. (Ord. 3033 § 2, 2007).

19.66.070 Minimum open space requirements.

(1) A minimum of 20 percent of the total area of the PUD shall be devoted to open space, which may include recreation amenities and community area. At least half of the required open space (e.g., 10 percent of the overall site) must be suitable for recreational use and shall be in addition to open space set aside as part of a traditional subdivision or development due to critical area buffers, topography and other similar limiting factors. Development and improvement of recreational facilities and amenities shall be the responsibility of the applicant and may be required as a condition by the city.

(2) Open space, playground or recreational areas shall be available for use by residents of such PUD, and the general public if the area is dedicated to the city, and shall consist of land area within the boundaries of the PUD upon which no structures (other than playground and recreational structures) are to be erected. Open space may be conveyed to the city as approved, placed in a conservation easement, conveyed to a homeowners’ association, or other acceptable means as determined by the director. The city is not obligated to accept land dedications and may require that open space and recreational areas be owned and maintained privately.

(3) That portion of the PUD that is to be dedicated to the city and used for public park purposes shall be determined and dedicated in accordance with LMC 19.80.130 and RCW 82.02.020. A fee-in-lieu of land dedication may be approved by the city. Improvements shall also be made as specified by the city. Plans for development, use, maintenance and operation of open space, playground and recreational areas of a PUD shall be coordinated with the proposed plans for public park development, use, maintenance and operation of the city department of parks and recreation. (Ord. 3089 § 4, 2009; Ord. 3033 § 2, 2007).

19.66.080 Submittal requirements.

An application for approval of a PUD shall be submitted to the community development department on forms provided by the department along with established fees. For those PUD developments that include the division of land, a PUD application shall only be accepted as complete if it is submitted concurrent with an application for preliminary plat approval that includes all information required pursuant to Chapter 19.80 LMC and other applicable city regulations. Twenty-five copies of all associated application materials must be submitted in hard copy format. Digital application materials (e.g., CD copies) may fulfill a portion of the required hard copy applications as approved by the city. An applicant for a PUD shall submit the following items to the city, unless the director finds in writing that one or more submittals are not required due to unique circumstances related to a specific development proposal:

(1) A detailed narrative that includes:

(a) A description detailing how the proposed development will be superior to or more innovative than conventional development methods as allowed under the city’s land use regulations and how the approval criteria set forth in LMC 19.66.090 have been satisfied;

(b) A description of how the proposed PUD will benefit the public in a manner greater than that achieved if the project was to be developed using conventional land use regulations;

(c) A table illustrating the density and lot coverage of the overall development, with the proportion of the site devoted to open space clearly indicated;

(d) A description of the types and numbers of dwelling units proposed and the overall land use density and intensity;

(e) A description of the proposed open space and recreation areas including any proposed improvements, including specific details regarding the ownership and maintenance of such areas;

(f) Detailed information regarding all proposed landscaping that is not included on an associated landscaping plan;

(g) A description of the specific city standards as set forth in the underlying zoning district that the applicant is proposing for modification in accordance with LMC 19.66.050; and

(h) A description of potential impacts to neighboring properties and how impacts have been mitigated through site design, screening, buffering and other methods;

(2) A site plan with the heading “Planned Unit Development Site Plan” that includes any additional information that is not included on the standard preliminary plat map, including building footprints, proposed landscaping, open space and parks and/or recreational areas including trails and proposed setbacks;

(3) Elevation drawings illustrating facade and building design elements, including height, overall bulk/mass and density and proposed residential design features that will provide for a superior development;

(4) A conceptual landscape plan/map showing the proposed location and types of vegetation and landscaping. The landscape plan may also be incorporated into the PUD site plan and narrative;

(5) A phasing plan, if the development will occur in distinct phases with a written schedule detailing the timing of improvements;

(6) A draft development agreement, if proposed by the applicant or as required by the city; and

(7) A draft of proposed covenants, conditions and restrictions as required to demonstrate compliance with this chapter. (Ord. 3033 § 2, 2007).

19.66.090 Preliminary approval criteria.

Planned unit developments shall be given preliminary approval, including preliminary approval subject to conditions, upon finding by the city that all of the following have been met:

(1) The proposed PUD conforms to:

(a) All provisions of the city’s development code and engineering design standards not proposed for modification in accordance with LMC 19.66.050;

(b) All provisions of the city’s critical area ordinance; and

(c) All other applicable city standards as set forth in the Longview Municipal Code and all state or federal regulations, except those city standards proposed for modification;

(2) Approving the proposed PUD will serve the public use and interest and adequate provision has been made for the public health, safety, and general welfare;

(3) The subject site is physically suitable for the type, density and intensity of the use being proposed and will not result in a significant adverse environmental impact that cannot be mitigated by reasonable mitigation measures;

(4) The proposed PUD will be superior to or more innovative than conventional development without additional probable significant adverse impact to public health, operation and maintenance of city facilities and utilities, safety or the environment, than available through the use of conventional development standards. The proposed landscaping, open space and recreational features are superior to that normally required by the city as part of a standard subdivision or development;

(5) Proposed structures, uses and roads shall be located to minimize disturbance to natural features;

(6) Open space shall be clearly identified and shall protect natural features including critical areas designated and regulated by Chapter 17.10 LMC, other significant natural or cultural features identified, and passive and active recreational areas;

(7) The open space within the PUD is integrated into the design and the open space provided is in excess of what would be required as part of a standard subdivision or development due to critical areas and other constraints in accordance with LMC 19.66.070;

(8) The perimeter of the PUD shall be appropriate in design, character and appearance with the existing or intended character of development adjacent to the subject property;

(9) Open space and park and recreational areas must be dedicated to the city or otherwise held in common with provisions set forth for perpetual maintenance;

(10) The plan for the proposed development shall present a unified and organized arrangement of buildings, service facilities, public or private parkland and open spaces which are consistent with this chapter and are not substantially detrimental to surrounding properties;

(11) Required open space, playgrounds and recreational areas, including land dedicated as public parks, shall be permanently designated in the restrictive covenants of the proposed subdivision or development, and shown on the PUD site plan and preliminary subdivision map. The manner in which open space, playground and recreational areas not dedicated to the city are to be maintained shall be indicated with appropriate assurances provided, which may include the formation of a homeowners’ association;

(12) Areas proposed for public park land and dedicated to the city shall be reviewed by the parks and recreation department and shall be accessible for use by all residents of the city;

(13) In approving a PUD, the city may impose conditions to carry out the above criteria and the intent of this chapter. (Ord. 3033 § 2, 2007).

19.66.100 Review process and approving authority.

(1) A PUD that is processed in conjunction with a subdivision shall follow the procedures set forth in Chapter 19.80 LMC for plats. The city shall combine the review process, public hearing, notice requirements and other procedural steps as applicable. The community development department may also issue a combined staff report and set of findings and recommended conditions of approval for any proposed joint PUD/subdivision proposal. A PUD application that is not processed in conjunction with a subdivision shall be approved, conditionally approved or denied by the city council, upon recommendation of the planning commission following an open-record pre-decision hearing before the commission. The notice and distribution of a PUD application that is not processed in conjunction with a subdivision shall follow the requirements set forth in LMC 19.80.100 through 19.80.120. The director shall have the option of setting the hearing date on behalf of the commission or deferring to the commission.

(2) Due to the additional staff time needed to review a PUD application, conventional platting review times may need to be extended. By submitting a PUD and concurrent subdivision application to the city, an applicant agrees to extend the time requirements set forth in Chapters 36.70B and 58.17 RCW, and this title relative to the processing of a preliminary plat and/or a project permit by 30 days. (Ord. 3033 § 2, 2007).

19.66.110 Expiration of preliminary PUD approval.

A PUD is approved in conjunction with a subdivision request. Therefore, preliminary PUD approval shall be subject to the same timeframes set forth in Chapter 19.80 LMC for the length of preliminary approval, including the provisions for granting of an extension. A proposed subdivision and associated PUD shall expire concurrently. For those PUD developments that do not involve the division of land, all required site and off-site improvements must be satisfied within three years or as conditioned, otherwise the approval is void. (Ord. 3033 § 2, 2007).

19.66.120 Final PUD approval.

Final PUD approval shall be granted upon completion of all PUD and preliminary plat conditions in accordance with the procedure set forth for final plat approval in Chapter 19.80 LMC. A final PUD application shall be submitted on forms prepared by the city. A PUD that does not include the division of land shall not be subject to the final PUD approval procedures of this section. (Ord. 3033 § 2, 2007).

19.66.130 PUD amendments.

(1) Minor modification to a previously approved preliminary PUD that has not received final approval or to a PUD not requiring concurrent subdivision approval, may be requested by the applicant and approved administratively by the city; provided, that under no circumstances shall minor modifications be deemed to include:

(a) Substantial modification or relocation of a lot, tract or the location or relocation of a street;

(b) A reduction in any perimeter setback;

(c) An increase in the residential density or gross floor area of the project; or

(d) A reduction of the area set aside for open space and/or recreational land.

(2) An amendment to a preliminarily approved PUD, or to a PUD not requiring concurrent subdivision approval, that does not qualify as a minor amendment, shall be reviewed in accordance with the same procedures provided under this chapter for original PUD approval. Compliance with Chapter 19.80 LMC is also required as applicable.

(3) Modification to an approved PUD shall be reviewed in accordance with the plat alteration standards set forth in this title and Chapter 58.17 RCW as applicable. In addition, all modifications to an approved PUD shall be reviewed for compliance with this chapter, including the hearing and notice provisions. (Ord. 3033 § 2, 2007).

19.66.140 Pre-existing planned unit developments.

Planned unit developments approved under regulations in existence prior to the effective date of this chapter shall continue to be regulated according to the regulations and standards in effect and/or imposed at the time of approval. (Ord. 3033 § 2, 2007).

19.66.150 Severability.

If any provisions of this chapter, or the application thereof to any person or circumstance, is held invalid, the remainder of the code, or the application of such provisions to other persons or circumstances, shall not be affected thereby. (Ord. 3033 § 2, 2007).