Cluster Developments

What is the purpose of a cluster Remainder parcels can be included in the development? housing density for the proposal but they do A cluster development provides for a small not have to be. For instance, you could have lot residential development in the rural a 20-acre parcel in the Rural-5 zoning zoning district that: district that would normally allow for . Maintains rural character density of four five-acre lots. . Maintains and conserves larger remainder parcels The density can be used in either of two . Protects and/or enhances sensitive ways for cluster division: environmental and wildlife habitat areas Option 1: Three 1-acre lots and the Cluster developments are permitted only remainder lot can also have a house within the rural zoning districts of R-5, R- constructed on it. 10 and R-20. This is achieved by placing homes in a small portion of the property Option 2: Four 1-acre lots and the while maintaining the majority of the site in remainder parcel can only be used for a remainder parcel. The remainder parcel agriculture, forestry or open space – no shall comprise a minimum of 65 percent of residence can be constructed on the the site within the R-5 zone and 75 percent remainder lot. of the site within the R-10 and R-20 zones. Are there any specific design What development standards apply to standards associated with this type of cluster developments? development? Cluster lots: Cluster lots shall be sited to Yes, and they are required to be recorded on minimize conflicts between housing and the plat. The following are required: adjacent agricultural or forest zoned . No entryway treatments, monument or property. In addition, cluster lots and other permanent development signs are building sites may not include critical areas permitted. unless no other alternative exists. . Sight obscuring fences are not permitted within 50 ft of the public right of way, Remainder parcels: The remainder parcel nor along cluster lot lines adjacent to the shall be contiguous. Fragmentation shall remainder lot. not occur unless no other alternative exists. . Existing historic rural features shall be Remainder parcels shall provide a buffer for preserved as much as is possible. the cluster lots from adjacent lands in a resource zoning district. The remainder What about conducting resource parcel should contain to the maximum activities on remainder parcels? extent possible forested areas, prominent Any uses permitted in the rural zone hillsides, meadows and ridges, in order to districts are permitted on the remainder retain the rural character. parcel. This includes forestry and

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Community Development For an alternate format, contact the Clark County 1300 Franklin Street, Vancouver, Washington ADA Compliance Office. Phone: (360) 397-2375 Fax: (360) 397-2011 Phone: (360)397-2322 Relay: 711 or (800) 833-6384 www.clark.wa.gov/community-development E-mail: [email protected]

Cluster Developments Land Use Review

agriculture. If the density is used fully on What is the application process? the small lots (option 2 above), then a note The first step is to complete a State has to be placed on plot map and a covenant Environmental Policy Act (SEPA) recorded that gives notice of what activities environmental checklist, if applicable. The are permitted on the remainder parcel. Permit Center staff located at the Public Service Center, 1300 Franklin Street, first What type of review is required? floor, Vancouver, Washington, will assist the applicant in determining if a SEPA What is a Type II Review process? checklist is required with the application. A Type II review process requires a The SEPA Review Application Form and ministerial decision by the Responsible Environmental Checklist are available at the Official. In making the decision, the official Permit Center. must determine if the proposed development meets the requirements of the The next step is to submit a completed Type applicable sections of the Clark County II or Type III Application Form, fees and a Code. This decision is made after reviewing copy of the submittal requirements to the the proposal and considering written Permit Center. comments received from the public. The Responsible Official will approve, approve What if I didn’t submit all of the with conditions, or deny the application. required information? This decision may be appealed to the county The county conducts two application checks Hearing Examiner. to ensure that applications are complete before staff begins their development What is a Type III Review process? review process. Prior to accepting your A Type III review process requires a public application, the Permit Center staff will hearing before a Hearing Examiner. In conduct a Counter Complete review of making the decision, the Hearing Examiner your submittal package. This initial review must determine if the proposed subdivision ensures that all main listed within the meets the requirements of the applicable subdivision submittal requirements have sections of the Clark County Code. This been submitted before accepting your decision is made after reviewing the application (see attached submittal list). proposal, and after considering staff’s recommendation and testimony from the Once your application is accepted, the public. The Hearing Examiner will approve, original submittal package is routed to our approve with conditions, or deny the review staff. Staff conducts a second application. This decision may be appealed completeness check, known as the Fully to Superior Court. Complete review. This more detailed review ensures that all items under the Is a pre-application conference numbered headings of the attached Type III required? Subdivision Submittal Requirements have been submitted. As an example, does the A pre-application conference is required Proposed Land Division Plan show before submitting a Type III application. The topography at two-foot contour intervals, requirement for a conference may be waived water courses, streams, rivers, etc., center if the Planning Director determines that the of stream surveyed for all on-site water proposal is relatively simple. A waiver courses, FEMA designated 100 year requires the applicant to submit a floodplain, etc. completed Pre-Application Review Waiver

Request Form and fee.

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If required items are missing from your 1. All the required pre-application original submittal, you will receive a letter conference information was submitted of Not Fully Complete with a list of the on the pre-application submittal date missing items. If you have not submitted Note: the Pre-Application Conference the requested information within 30 days of Report will indicate whether the this written request, staff will return your application is contingently vested. application and refund the application fee, 2. A fully complete application for less the processing costs incurred to date. substantially the same proposal was filed within 180 calendar days of the If all of the submittal requirements have date the county issued the Pre- been met, the applicant will be directed to Application Conference Report. submit five additional copies that contain the revisions and additional information What kind of public notice is provided? that may have been required to be Fully If a Type II review is required, within 14 days Complete. Once all Fully Complete copies of the fully-complete date, a notice of have been received, you will receive a Fully application will be mailed to: Complete determination letter and be . Adjacent property owners within 500 vested on the date you submitted the Fully feet of the site Complete application. . Applicant . Neighborhood Association (if any) What is Vesting? . The newspaper if a SEPA environmental Upon a determination of Fully Complete, checklist is required your application is vested with the development regulations that are in place at If a Type III review is required, within 14 the time the fully complete application was days of the fully-complete date, a notice of submitted. the application, with the date, time and place for the public hearing will be mailed to: Examples: . Applicant 1. An application is submitted on June 1 . Neighborhood Association, if any and determined to be Fully Complete on . Property owners within a 300' radius (if June 25. The application is vested as of within an urban growth boundary), and a June 1. 500' radius (if outside an urban growth 2. An application is submitted on June 1 boundary) of the project site and subsequently determined to be Not . SEPA notice to newspaper and listed Fully Complete on June 25. In response, SEPA agencies the applicant submits additional information on July 8. The revised The notice will invite written comments to application is subsequently determined be submitted within 14 calendar days of the to be Fully Complete on July 18. date of the notice. Copies of any written comments received in a timely manner will Note: The completeness decision will be be sent to the applicant. The applicant may made within 14 calendar days of new submit a written response within 14 days submittals. The application is vested as from the date the comments are mailed. of July 8, the day the fully complete application was submitted.

To be contingently vested on the date a pre- application is filed the following conditions must be met:

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Applicant public hearing notice Report referenced below. If a DS requirements determination is made, the applicant is At least 30 calendar days prior to the public required to prepare an Environmental hearing, the applicant must post a public Impact Statement (EIS) prior to the county notice sign. considering the proposed subdivision. The SEPA determination is published in The Our Applicant Posting Requirements Columbian newspaper. handout contains the basic posting requirements plus sign specifications What is a Staff Report? needed by the sign company and a sample For a Type II review, staff’s role is to Affidavit of Posting. prepare a Staff Report that summarizes their review of the proposal against the County public hearing notice requirements of the Clark County Code. In requirements this report, staff will make a decision to At least 15 calendar days prior to the public approve, approve with conditions or deny hearing date, the county will post public the application. This written report will be notices including the date, time and place of mailed to the applicant within 78 calendar the hearing and describing the proposal as days of the Fully Complete determination. follows: . Posted at the site For a Type III review, staff’s role is to . Published in the newspaper prepare a Staff Report that summarizes . Mailed to property owners within a 300' their review of the proposal against the radius (if within an urban growth requirements of the Clark County Code. In boundary), and a 500' radius (if outside this report, staff will make a an urban growth boundary) of the project recommendation to approve, approve site with conditions or deny the application. . Mailed to the Neighborhood Association This written report will be mailed to the . Mailed to the applicant applicant at least 14 calendar days prior to the scheduled public hearing on this matter. The notice will invite interested parties to present testimony at the hearing either When will the public hearing be held? orally or in writing. Within 78 days of a Fully Complete determination, a public hearing will be held What is a SEPA determination? before the county’s Hearing Examiner to The State Environmental Policy Act (SEPA) consider the Type III application. requires that a review of the potential environmental impacts of the proposed What happens at the public hearing subdivision be conducted. County staff and and when do I get to speak? interested agencies will review the First, the applicant or their representative subdivision application to determine its will be asked to present an overview of the compliance with applicable federal, state and proposed project to the audience, including county code. Through this process a those viewing the hearing over cable access determination will be made as to whether television. The applicant will next give a the impacts will be considered non- detailed description of the project and significance (DNS), mitigated non- design considerations, showing the site plan significance (MDNS), or significance (DS). and other drawings by either utilizing the

overhead projector or making pre-meeting For a DNS or MDNS determination, an arrangements to use the Power Point analysis will be incorporated within the Staff projector.

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Once the overview is completed, the After the Preliminary Cluster Plan is applicant may next raise issues regarding approved, what is next? the staff report and recommendations. This After receiving approval of the preliminary is also the time for the applicant to address plan, the applicant may take one of two issues that they believe may be brought up courses of actions: during the public testimony portion of the . Bond all the public improvements and hearing, and/or issues they believe the apply for a final plat approval Hearings Examiner may raise. . Complete all the cluster (subdivision) improvements and apply for a final plat Once the applicant has completed their approval. presentation, county staff will present an overview of their analysis, findings and Application for final plat approval by the recommendation as to whether the applicant consists of demonstrating application meets or exceeds the approval compliance with all conditions of approval criteria. of the preliminary subdivision and requirements of the final subdivision Following the staff presentation, the requirements under CCC 40.540.070. hearing will be open to the general public for their testimony. Once all the requirements have been met, the signed subdivision mylar plan and all Once all the public testimony has been necessary documents must be recorded at presented, the applicant will have the the Clark County Auditor’s Office. opportunity to provide rebuttal testimony. Please note that other development permits The Hearing Examiner will then close the (e.g., building permits) cannot be issued, or public hearing. sales closed until after the subdivision has been recorded. When will I receive the Hearing Examiner’s decision? How long do I have before I must Within 14 calendar days after the date the complete the Final Plat? record closes, the Hearing Examiner will Preliminary subdivisions shall be valid for a issue a written decision regarding the period of five years after approval, or application. Within 7 calendar days of its approved extension by the BOCC, during issuance, the decision will be mailed to the which time a fully complete application for applicant, other parties of record and the final plat approval must be submitted. neighborhood associations. This time limit may be extended where Can the decision be appealed? there is an approved phased development A Type II decision may be appealed to the or separate development agreements have Hearing Examiner. been approved. See Clark County Code 40.500.010(B) for more information. A Type III decision by the Hearing Examiner is final unless a motion is filed for See Final Plat and Recording Application reconsideration or an appeal is filed with Packet for further information about the Superior Court. final plat review process.

See our Appeals handout for more See Final Engineering Plan Review handout information and fees. for further information about the final engineering plan review process.

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These handouts are available at www.clark.wa.gov/publicworks/engineering /index.html.

Note: This handout is not a substitute for county code. For more detailed information, please refer to Clark County Code 40.210.020(D) Rural Cluster Development.

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Submittal Requirements Refer to the Type II, II-A and III Submittal Requirements handout.

Fee schedule Fees are required to be paid when the application is submitted.

Type II Short Plat review Please see our Short Plat handout for more information and fees.

Type III Subdivision review Please see our Subdivision handout for more information and fees.

A Legal Lot Determination may be required if a previous legal review has not been completed. Please see our Legal Lot Determination handout for more information and fees.

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