Loading...
HomeMy WebLinkAbout1968-1044 ORDINANCE NO. 1044 AN ORDINANCE relating to zoning; creating a Planned Development 76ne; establishing a procedure for applying for such a zone; setting forth requirements for such a zone; creating a new chapter to the City of Yakima Municipal Code numbered and entitled "Chapter 12.50, Planned Develop- ment 7one"; and amending Section 12.08.010 of the City 410 of Yakima Municipal Code, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1. There is hereby created a new chapter to the City of Yakima Municipal Code to be numbered and entitled "Chapter 12.50, Planned Development Zone", which new chapter shall read as follows: "CHAPTER 12.50 PLANNED DEVELOPMENT ZONE Sections: 12.50.010 PURPOSES. 12.50.020 NOTIFICATION OF INTENT. 12.50.030 PRELIMINARY DEVELOPMENT PLAN AND PROGRAM. 12.50.040 INFORMAL REVIEW BY PLANNING COMMISSION. 12.50.050 REZONE APPLICATION-FINAL DEVELOPMENT PLAN AND PROGRAM. 411 12.50.060 REZONE-HEARING AND FINDINGS. 12.50.070 PROJECT DENSITY. 12.50.080 COMMON OPEN SPACE REQUIREMENTS. 12.50.090 RETENTION AND MAINTENANCE OF COMMON OPEN SPACE. 12.50.100 DECISION OF THE PLANNING COMMISSION- SUBSEQUENT PROCEDURE. 12.50.110 UNDERGROUNDING OF UTILITIES. 12.50.120 BUILDING PERMITS. 12.50.130 MODIFICATIONS TO DEVELOPMENT. 12.50.140 REVIEW OF GRANT OF REZONE. 12.50.150 RECONSTRUCTION OF BUILDINGS OR IMPROVEMENTS. 12.50.010 PURPOSES. The purposes of this chapter, provid- ing for the establishment of a Planned Development Zone, are to: a. Encourage flexibility in design and development that will encourage a more creative approach in the develop- ment of land and which will result in a more efficient, aesthetic and desirable use of the land. 411V b. Permit flexibility of design, placement of buildings, use of required oven spaces, circulation facilities, off-street parking areas and otherwise to better utilize the potentials of sites characterized by special features of geography, topography, size or shape. c. Facilitate the adequate and economical provision of streets and utilities. d. Preserve the natural and scenic qualities of open areas. 12.50.020 NOTIFICATION OF INTENT. The applicant for a proposed planned development project to be governed by the provisions of this chapter shall file with the Department of Planning and Community Development of the City a preliminary • notice of the applicant's intention to apply for a Planned Development Zone, giving such preliminary information concerning the Proposed project as may be requested by the Director on . forms furnished by him. Such preliminary notice shall be signed by the owner of all property to be involved in the Planned Development Zone, if such property is owned by one person, or by all persons claiming any right, title or interest of record in and to such property if it is owned by more than one person. 12.50.030 PRELIMINARY DEVELOPMENT PLAN AND PROGRAM. After filing the preliminary notice required by Section 12.50.020 above, the applicant for a Planned Development Zone 111 shall file with the Department of Planning and Community Development of the City a preliminary plan and program for the area within the boundary of the project, which plan and program shall consist of the following: a. An accurate map drawn to a scale of not less than 1 inch to 100 feet depicting the following: 1. The boundaries of the site. 2. Names and dimensions of all streets bounding or touching the site of the proposed location. 3. Horizontal and vertical dimensions of all buildings and structures proposed to be located on the site. 4. Proposed location and dimension of "common open space". 5. Proposed public dedications. 6. Location, dimension and design of off-street parkin facilities, showing points of ingress to and egress from the site. • 7.' Location and direction bearing of all major physiographic features such as railroads, drainage canals and shorelines. 8. Existing topographic contours at intervals of not more than five feet, together with proposed grading and drainage and landscaping. -2- 12.50.020 NOTIFICATION OF INTENT. The applicant for a proposed planned development project to be governed by the provisions of this chapter shall file with the Department of Planning and Community Development of the City a preliminary • notice of the applicant's intention to apply for a Planned Development Zone, giving such preliminary information concerning the proposed project as may be requested by the Director on forms furnished by him. Such preliminary notice shall be signed by the owner of all property to be involved in the Planned Development Zone, if such property is owned by one person, or by all persons claiming any right, title or interest of record in and to such property if it is owned by more than one person. • 12.50.030 PRELIMINARY DEVELOPMENT PLAN AND PROGRAM. After filing the preliminary notice required by Section 12.50.020 above, the applicant for a Planned Development Zone 111 shall file with the Department of Planning and Community • Development of the City a preliminary plan and program for the area within the boundary of the project, which plan and program shall consist of the following: a. An accurate map drawn to a scale of not less .than 1 inch to 100 feet depicting the following: 1. The boundaries of the site. 2. Names and dimensions of all streets bounding or touching the site of the proposed location. 3. Horizontal and vertical dimensions of all buildings and structures proposed to be located on the site. 4. Proposed location and dimension of "common open space". 5. Proposed public dedications. II1 6. Location, dimension and design of off-street parkin facilities, showing points of ingress to and egress from the site. 7.. Location and direction bearing of all major physiographic features such as railroads, drainage canals and shorelines. 8. Existing topographic contours at intervals of not more than five feet, together with proposed grading and drainage and landscaping. -2- 9. Proposed land uses and densities. 10. Building types and intensities. 11. Pedestrian and vehicular circulation pattern. b. A written program for development setting out detailed information concerning the following subjects as they may be involved in or provided for by the planned development nroject: • 1. Market analysis of proposed use. 2. Proposed ownership pattern. 3. Operation and maintenance proposal, i.e., homes, association, condominium, co-op or other. 4. Waste disposal facilities. 5. Lighting. 6. Water Supply. 7. Public Transportation. 8. Community facilities. 9. General time-table of development. 12.50.040 INFORMAL REVIEW BY PLANNING COMMISSION. The Planning Commission shall informally review the preliminary development plan and program and may recommend additions or modifications to, or other changes in, the proposed plan or 111 program. The Planning Commission shall determine the extent of any additional market analysis to be included in the final development program. 12.50.050 REZONE APPLICATION-FINAL DEVELOPMENT PLAN AND PROGRAM. Upon the completion of the informal review of the preliminary development plan and program by the Planning Commission, the applicant may submit a verified rezone applica- tion requesting a change of one to Planned Development Zone pursuant to Section 12.76.030 of the City of Yakima Municipal Code. A final development plan and program consisting of the plan elements and Program elements enumerated below shall 0 accompany the rezone application. -3- a. Plan Elements 1. Existing maps drawn to a scale of not less than 1 inch to 100 feet and proposed contour map. 2. Location, with the names, of all existing and pro- posed streets, public ways, railroad and utility right-of-ways, parks or other open spaces and all land uses within 500 feet within the boundary of the development. 3. Existing sewers, watermains and other underground facilities within and adjacent to the development and their certified capacities. 4. Proposed sewer or other waste disposal facilities, watermains and other underground utilities. 5. Preliminary subdivision plan. 6. Proposed land use plan. 7. Community facilities plan. 8. Location and amount of open space. 9. Traffic flow plan. 10. Location and dimension of walks, trails or ease- ments 11. Location, arrangement, number and dimensions of auto garages and parking spaces, width of aisles, bays and angles of parking. 12. Location, arrangement, number and dimensions of truck loading and unloading spaces and docks. 13. Preliminary plans, elevations of typical building and structures, indicating general height, bulk, number of dwelling units. 14. Approximate location, height and materials of all walls, fences and screen plantings. 15. Indication of stages of development. b. Program Elements 1. Statement of goal and objectives, i.e., why it would be in the public interest and be consistent with the General Plan. 2. A market analysis adequate to meet the requirements of the Planning Commission under the provisions of Section 12.50.040 of this chapter. 3. Evidence of resources available to develop the project. 4. Tables showing total number of acres, distribution of area by use, percent designated for each dwelling, type off-street parking, streets, parks, playgrounds, schools and open spaces. 5. Tables indicating over-all densities and density by dwelling types and any proposal for the limitation of density. 6. Restrictive covenants, other than those relating to retention and maintenance of common open space. 7. Development time-table. O 12.50.060 REZONE - HEARING AND FINDINGS. The application for rezone to a Planned Development . Zone shall be heard before the Planning Commission of the City of Yakima at a public hearing within the time and in the manner provided by Chapter 12.76 of the City of Yakima Municipal Code. The recolimendation of the Planning Commission to approve or deny the application shall be based on the following criteria: -4- 1. Substantial conformance to the General Plan of the City of Yakima. 2. The proposal's harmony with the surrounding area, or its potential future use. 3. The system of ownership and means of development, preserving and maintaining open space., 4. The adequacy of the size of the proposed district to accommodate the contemplated development. 12.50.070 PROJECT DENSITIES. The Planning Commission may recommend approval of a population density for a planned development, even though such density may be greater than that specified in the General Plan for the City of Yakima for the area containing the planned development, if, in the opinion of the Planning Commission, the design of the planned development will not result in inconvenient or unsafe access to the planned development, traffic congestion in the streets which adjoin the planned development or excessive burden on parks, recreation areas, schools and other public facilities which serve or are proposed to serve the planned development. 12.50.080 COMMON OPEN SPACE REQUIREMENTS. (a) Common open space in a Planned Development Zone shall meet the following requirements: 1. The location, shape, size and character of the open space must be suitable for the planned development. 2. Common open space must be used for amenity or recreational purposes. The uses authorized for the common open space must be appropriate to the scale and character of the planned development, considering its size, density, expected population, topography and number and type of dwelling units to be provided. 3. Common open space must be suitably improved for its intended use, but common open space containing natural features may be left unimproved. The buildings, structures and improvements which are permitted in the common open space must be appropriate to the uses which are authorized for common open space and must conserve and enhance the amenities of the common open • space in regard to its topography and unimproved condition. (b) The development schedule, which is part of the develop- ment plan, must coordinate improvement of common open space, con- struction of buildings, structures and improvements in the commor -5- open space and the construction of residential dwellings in the planned development. 12.50.090 RETENTION AND MAINTENANCE OF COMMON OPEN SPACE. (a) The final development plan and program shall include a provision approved by the Planning Commission as being suffi- cient to assure permanent retention and maintenance of the common open space in a Planned Development District Zone. Such assurance may be in the form of restrictive covenants, dedication of open space to the public where such dedication will be accept- ed by the Yakima City Council, an undertaking by an association of owners of property within the Planned Development District Zone, or in any other form or by any other method approved by the Planning Commission as being practical and legally sufficient to assure the permanent retention and maintenance of the common open space. All legal documents to carry out the plan and pro- gram in this regard shall be filed by the applicant with the final development plan and program ae(-ouigartying the r apn]3- cation, and shall be subject to approval as to form by the City Attorney. All such plans and programs shall contain proviaioauc whereby the City will be vested with the right to enforce the permanent retention and maintenance of the common open space and further that in the event the common open space is permitted to deteriorate, or is not maintained in a condition consistent with the approved plan and program, then in such event that the City may at its option cause necessary maintenance to be performed and assess the costs thereof to the owners of property within the Planned Development Zone. • (b) No common open space may be put to any use other than as specified in the approved final development plan unless the development plan has been modified to Hermit such other use pur- suant to Section 12.50.130 of this chapter. No such modification of use shall be deemed as a waiver of any of the provisions of the approved final development plan assuring the permanent retention and maintenance of the common open space. -6- 12.50.100 DECISION OF THE PLANNING COMMISSION - SUBSEQUENT PROCEDURE. (a) At the conclusion of the hearing by the Planning Com- mission, as provided for in Section 12.50.060 of this chapter, the Planning Commission shall adopt a motion on the affirmative vote of a majority of its voting members which shall recommend to the City Council that the application for rezone to Planned Develop- ment 7one be either approved, denied, or approved with modifica- tions specified by the Planning Commission in its motion. Within ten calendar days from the date of such action, the Secretary of the Planning Commission shall mail to the applicant, at the address shown on the rezone application, notification of the Planning Commission's recommendation. (b) The procedures provided for by Sections 12.76.070, .080, .090, .100, .110 and .120 of the City of Yakima Municipal Code shall be followed to afford a review by the City Council of the Planning Commission's recommendation and to provide for • the granting or denying by the City Council of the rezone applica- tion. 12.50.110 UNDERGROUNDING OF UTILITIES. In any planned development which isprimarily designed for or occupied by dwellings, all electric lines, telephone facilities, fire alarm conduits, street light wiring and other wiring conduits and • other similar facilities shall be placed underground by the developer, unless this requirement is waived by the City Council on the recommendation of the Planning Commission. 12.50.120 BUILDING PERMITS. Building permits shall be issued for construction only in accord with the plan and program elements of the 'Ilan as finally approved by the City Council. 12.50.130 MODIFICATIONS TO DEVELOPMENT. (a) Major Modifications - Applications for major modifica- tions in the final development plan and program must be submitted to the Planning Commission, and hearings held and recommendations made by it, and by the City Council, as if such application were an original application for a Planned Development Zone. -7- (b) Minor Modifications - Minor modifications in the final development plan and program may be approved by the Director of Planning and Community Development. Such changes may include minor shifting of the location of buildings, proposed streets, public or private ways between the easements, parks or other pub- lic open spaces, or other features of the plan, but shall not include those changes involving increases of density, changes of boundaries, changes in land use or other changebof location which are not devoted to specific land uses. 12.50.140 REVIEW OF GRANT OF REZONE. If, within three year after the granting of an application for a Planned Development Zone, substantial construction has not been performed on the approved project, the Planning Commission shall review on its own motion the grant of such rezone application at a public hear- ing after giving written notice of such hearing to all persons • claiming any right, title or interest of record in and to the affected property, which notice shall be given at least twenty days prior to such hearing, and after otherwise giving notice of such hearing as required by Chapter 12.80, "Procedure, Hearings, Notices and Fees" of the City of Yakima Municipal Code. Such hearings shall be held at times, and in the manner, prescribed by said Chapter 12.80 of the City of Yakima Municipal Code and maybe continued as provided therein. At such hearing, the Planning Commission shall determine whether the continued existence of such Planned Development Zone is in the best interests -8- of the public, and such determination shall be based on the cri teria specified in Section 12.50.060 of this Chapter. At the conclusion of such hearing, the Planning Commission shall adopt a motion on the affirmative vote of a majority of its voting members which shall recommend to the City Council that the existence of such Planned Development District Zone be continued, or that the area within such Planned Development Zone be rezoned to another zone. In the event such recommendation is that the area be rezoned, the procedure specified in Chapter 12.76 of the City of Yakima Municipal Code shall be followed to effect such rezone. This Section shall not be construed so as to divest the Planning Commission and City Council of authority to otherwise rezone property within a Planned Development Zone pursuant to and in accordance with the provisions of Chapter 12.76 of the City of Yakima Municipal Code. 12.50.150 RECONSTRUCTION OF BUILDINGS OR IMPROVEMENTS. Replacement or reconstruction of any buildings or improvements • damaged or destroyed shall substantially conform to the origin- ally approved Planned Development Zone plan." Section 2. Section 12.08.010 of the City of Yakima Municipal. Code is hereby amended to read as follows: "12.08.010 ZONE CLASSES AND SYMBOLS. In order to classify, regulate, restrict and segregate the uses of land and buildings, to regulate and restrict the height and bulk of buildings and to regulate the area of yards and other open spaces about buildings, the City of Yakima is hereby divided into eleven classes of zones to be known as follows: R -1 One- family zone R -2 Two- family zone R -3 Multiple - family zone R -4 Suburban residence zone B -1 Modified business zone B -2 Local business zone • B -3 General business zone M -1 Light industrial zone M -2 Heavy industrial zone M -3 Airport industrial zone PD,' Planned Development Zone." Section 3. This Ordinance shall be in full force and effect thirty days after its passage, approval and publication as provided -9- by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this /./- . day o£ / , 1968. 6//' Mayor ATTEST: - Weg City Clerk -10-