HomeMy WebLinkAbout1998-063 Development Regulations f. 1
ORDINANCE NO. 98- 63
AN ORDINANCE relating to land use and development regulation; providing for Planned
Development (PD) ;regulation; and enacting a new chapter 15 of the
. Yakima Municipal ode. .439'
WHEREAS, the Urban Area Comprehensive Plan includes a policy to provide for
Planned Development; and
WHEREAS, pursuant to the provisions of the Urban Area Regional Planning Agreement,
the Regional Planning Commission and the Joint Board have reviewed and recommended the
following proposed provisions for Planned Development for enactment by the City of
Yakima in satisfaction of the GMA requirements; and •
WHEREAS, the City Council has reviewed the following proposed provisions for
Planned Development and finds it is in the best interests of the City that they be enacted by
the City of Yakima in satisfaction of the GMA requirements; now therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA,
WASHINGTON:
Section 1. A new chapter 15,YMC is enacted to read as follows:
1 Chapter 15.XX
2 PLANNED DEVELOPMENT ,
3 Sections: '09
4 15.XX:ID14- 0 Purpose.
5 15.1 i 36 Permitted uses and minimum project size.
6 15.XX.134. 140. Application and hearing process.
7 15.x..04 iS0 Modification of underlying zoning requirements.
8 15.32 NO Modification of an approved PD.
9 15.YA.0610 170 Density bonus criteria.
10 15. . i8(D Common open space.
09. /043
11 154 Purpose.
12 The purpose of the Planned Development (PD) regulation is to provide a degree of
13 flexibility in design and density in planned developments, provided overall development
14 standards and quality of life consideration are maximized. The PD regulation is intended to
15 create regulatory incentives to encourage construction of affordable housing and a mix of •
16 housing types, encourage small -scale mixed -use retail /residential /professional development
17 within neighborhoods, and encourage compatible infill development. Those incentives may
18 include density bonuses and use of innovative standards for projects which help meet
19 affordable housing goals or include features that enhance quality of life (e.g., sensitive
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20 treatment of environmental features: parks, open space, interconnected pathways, features
21 that promote security and safety for both the neighborhood and the community).
22 An application for a Planned Development must support the purpose of this regulation as
23 stated above. In addition, it must be consistent with the adopted Yakima Urban Area
24 Comprehensive Plan's "Action Plan" goals, objectives and policies; the Future Land Use Map;
25 and the intent statement and densities for the designated land use, as shown on the Future
26 Land Use Map. The Planned Development regulation is not intended to reduce minimum
27 development standards, such as setbacks and lot coverage, beyond that of the current ,
28 administrative adjustment provisions of chapter 15.10 of this title.
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29 15..X1:6421:). Permitted uses and minimum project size.
30 A. A Planned Development may be approved and located within any zoning district and
31 shall be consistent with the Comprehensive Plan. In.a PD, uses are permitted in accordance
32 with those uses and densities permitted in the underlying zone, as well as allowing for a mix
33 of uses. Additional uses may be permitted, as outlined within this chapter.
34 B. The following uses are permitted in a Residential PD:
35 1. One - family, two - family, and multi - family residences;
36 2. Accessory incidental retail may be specifically and selectively authorized in a
37 residential PD. Permitted accessory uses, however, shall be scaled to meet only the needs of
38 the inhabitants of the project;
39 3. Recreational facilities which are intended to serve the PD including, but not limited to,
40 tennis courts, swimming pools and playgrounds;
41 4. School, library;
42 5. Manufactured home park and subdivision, provided that the provisions of UAZO
43 15.04.120 shall be met as a condition of approval of the preliminary PD plan.
44 C. The following uses are permitted in a Commercial or Industrial PD:
45 1. Uses are permitted in accordance with those uses allowed within the underlying
46 zoning district.
47 2. Uses shall meet all zoning standards in accordance with the underlying zoning district.
48 3. Uses shall be consistent with the Yakima Urban Area Comprehensive Plan and Future
49 Land Use Map.
50 A Planned Development incorporating commercial or industrial facilities must provide a
51 buffer area along the boundary of the Planned Development which shall visually screen the
52 Planned Development from any adjacent properties zoned or used for residential purposes. If
53 automobile parking, driveways, or machinery operation is to be provided within one hundred
54 (100) feet of a PD boundary, a fence or structure six (6) feet high shall be provided between
55 the parking, driveway, or machinery and the adjacent residential zones or areas. Evergreen
56 plantings may be used to fulfill the screening requirements. Evergreens shall be planted and
57 designed to present a natural appearance to adjacent properties.
58 . D. In residential, nonresidential and mixed land use PDs, various land uses may be
59 permitted, subject to conditions, if such uses are deemed by the Hearing Examiner to be
60 appropriate, in compliance with the comprehensive plan, and not detrimental to surrounding
61 land uses. No retail or commercial uses shall be allowed within the Suburban Residential (SR)
62 or Single - Family Residential (R -1) districts. Within the Two - Family (R -2) and Multi- Family
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63 (R -3) residential districts, nonresidential uses may be permitted by the Hearing Examiner,
64 provided the following conditions are complied with: .
65 1. Any nonresidential uses proposed in a PD shall be limited to those designed and
66 intended for the use of the residents within the proposed development and planned as an
67 integral part of that PD. Evidence shall be provided to show the intended use by the residents
68 and the integral design;
69 2. If the nonresidential use is a commercial use, the applicant shall establish specific
70 community need for the facilities;
71 . 3. Where the underlying zone is R -3, nonresidential uses are limited to those .allowed
72 under the B -1 zone as•a Class (1) or Class (2) use as listed in Table 4 -1 of the Urban Area
73 Zoning Ordinance (UAZO), in compliance with B -1 provisions, unless specifically proyided
74 otherwise in these PD provisions;
75 4. As a general guide, where the underlying zone is R -3, commercial uses will be limited
76 to no more than five percent of the land ,contained 'in the PD, except as provided for in
77 section 15.XX.060. The commercial uses in a PD overlaying an R -3 zone may not be
78 occupied until two - thirds of the proposed residential units are completed and occupied;
79 5. No commercial or other intensive non - residential use may be permitted within one
80 hundred fifty feet of the boundary of any adjacent residential district. The Hearing Examiner
81 may require buffers, landscaping and other requirements to minimize'undesirable impacts.
82 All existing significant trees and landscaping within required buffer areas shall be retained
83 . whenever feasible: The examiner may require evidence thatadequate control measures are
84 provided to .protect the general public interest; health, safety, comfort and welfare from any
85 suspected nuisances, hazards, or offensive conditions.
86 E. Minimum Project Size. The minimum project size for a PD proposal is one -half acre.
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87 150. Application and hearing? process. .
88 . 1. Public Hearing. PD projects complying with this chapter shall be submitted to the
89 Hearing Examiner for a public hearing. ''PD projects which include elements normally subject
90 to legislative review, such as rezones and long subdivisions, shall be subject to approval by the
91 appropriate legislative body and shall be'processed under the requirements of chapter 15.15 of
92 this title. The legislative body shall proceed in accordance with UAZO 15.23.030(F).
93 2. Consolidated Application. When an .applicant applies fora PD, the application may
94 be considered simultaneously.(consolidated) with an application for one or more.of'the ,
95 following: a preliminary plat, rezone, or any other Hearing Examiner action ruled to be
96 suitable. The application for a consolidated PD hearing shall contain all of the information
97 required as if each application were being considered. separately. Notice of the consolidated
98 public hearing shall state clearly and separately each action to be considered. This notice shall
99 satisfy the requirements for each action under consideration. A comprehensive plan
100 modification application shall be 'submitted if required
101 3. Preapplication. A sketch plan may first be submitted to the City or County planning
102 department /division (planning) which shall include the tentative material outlined for a
103 Preliminary Application in subsection 4of this section. Planning will provide '
104 recommendations to the applicant regarding the :compliance of the PD with these provisions.
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105 4. Preliminary PD Application. The applicant shall file with Planning 20 copies of the
106 preliminary PD application. Subdivision of property, if included as part of the application,
107 shall comply with the applicable City /County subdivision regulations. Planning prescribes
108 the application;form for a PD and the type of information to be provided by the applicant.
109 The application shall include a site plan as required.bythe Urban Area Zoning Ordinance.
110 The PD application may include two or more phases of development, provided that:
111 _ a. A comprehensive site plan for the entire PD site is provided;
112 b. Timing for each phase is indicated;
113 c. Each phase will be subject to current development standards;
114 d. Each phase of a proposed PD must contain adequate infrastructure, landscaping and all
115 other conditions of the PD to stand alone if no other subsequent phases are developed.
116 5. Department Comment. Planning transmits copies of the PD plan to City /County
117 departments and other governmental agencies with jurisdiction for their advice and report.
118 6. SEPA Environmental Checklist. A SEPA Environmental Checklist may be required
119 depending on the size.and scope of the project and if the project triggers locally adopted SEPA
120 thresholds.. •
121 7. Public Notice. Public notice of the hearing shall be provided pursuant to UAZO
122 15.11.090.
123 8. Public Hearing and. Recommendation. After public hearing thereon, the Hearing
124 Examiner's decision will be final unless appealed, or unless the examiner's action is a
125 recommendation to a legislative body. The approval /recommendation is provided in writing
126 and is based on written findings of fact to record the reasons for approval or denial. The
127 approval of the Hearing Examiner is binding as to the general intent and apportionment of
128 land for building and other uses, circulation, and conditions of approval. The Hearing
129 Examiner may recommend the requirement of a bond or surety to guarantee compliance with
130 a condition(s) if deerned•necessary. •
131 9. Preliminary /Final PD Application Combined. An applicant may combine a
132 preliminary/ final PD application, provided all requirements of a Final PD Submittal are met
-133 at the time of application.
134 10. Final PD Submittal. The applicant shall, within five years of the date of preliminary
135 . approval of a PD, submit to Planning a final PD plan, in total or by phases of the proposed
136 development, which shall contain evidence of compliance with all the conditions of the PD
137 approval. The final PD shall be prepared by a licensed architect or registered civil engineer or
138 surveyor. The development plan shall be to scale and contain sufficient information to
139 establish the identity of proposed uses, grades, and approximate dimensions and locations of
140 proposed structures, streets, parking areas, walkways, easements and property lines. Planning.
141 evaluates the final PD plan to assure compliance with all conditions of the. examiner's •
142 preliminary approval; and forwards the final PD plan to the legislative .. body for approval by
143 ordinance. Planning also submits to the city clerk /appropriate County department the list.of
144 persons to be notified of the adoption public meeting. If the final PD plan is not received
145 within five years, approval of the PD expires. Required improvements not constructed prior
146 . to final PD submittal may be guaranteed by a surety bond or other financial:obligation
147 acceptable to the City /County. Building permits may be issued after final PD plans are
148 approved by the legislative body.
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149 11. Agreement. Develo ment A Bement. The final PD may be subject to a development
p g y � agreement
150 as provided for in this chapter.
151 12. Recordation. The final PD plan as approved by the legislative body shall be recorded
152 with the Yakima County Auditor's office, in accordance with the Auditor's recording
153 procedures.
154 13. Appeal. Hearing Examiner and legislative decisions are subject to appeal pursuant to
155 this chapter.
156 14. Zoning Ordinance Map. The PD is identified on the zoning map when the final PD is
157 effective by the symbol "PD" and with appropriate reference to the PD number.
158 15. Revocation of Approval. A PD approval may be revoked by decision of the
159 appropriate legislative body upon the finding that the development of the subject property
160 has not been consistent with the PD permit.
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161 15.1. Modification of underlying zoning requirements.
162 The Hearing Examiner may modify'the requirements and standards of the zone or zones
163 in which the project is located in accordance with UAZO 15.10, Adjustments, subject to the
164 following:
165 The maximum lot coverage, setback; parking and other requirements of the underlying
166 zone may be modified in the PD by the Hearing Examiner, provided consideration is given to
167 the following principles:
168 1. Privacy. Each development shall provide reasonable visual and acoustical privacy for
169 dwelling units and spaces for private use Mitigating measures may include fences, insulation,
170 walks, barriers and landscaping.
171 2. Light and Air. Building spacing,; coverage and height shall be designed to provide
172 adequate provisions for natural light and air.
173 3. Code Compliance. In no case may spacing, setbacks, or heights of buildings violate
174 fire, safety, or other building code requirements.
175 4. Compatibility. The PD shall be integrated with surrounding land uses and minimize
176 any negative impact thereto.
177 5. Quality of Life: The modifications would not result in a significantly reduced quality
178 of life for residents or the larger neighborhood.
179 The examiner may also reduce lot size requirements of an underlying district by a
180 maximum of 20 %, provided all other requirements of the Urban Area Zoning Ordinance are
181 met or adjustments are granted by the examiner.
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182 15 Modification of an approved PD.
183 1. Except for changes determined to be minor changes as provided by this section;
184 . changes to an approved PD or to any conditions imposed on a PD approval shall be reviewed
185. and approved, approved with condition, or denied by the examiner and appropriate
186 legislative body pursuant to the procedures provided by this chapter for an original request
187 for PD approval. .
188 2. Minor Changes. Minor changes to a PD may be approved by the Planning Manager
189 (Manager) for the City, or the Director of Planning for the County (Director). Any changes
190 which would adjust the minimum requirements for lot coverage, setbacks, parking and other •
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191 requirements of the underlying zone, or that would alter an adjustment granted by the
192 examiner, are not considered minor in nature. For purposes of the section, "minor changes"
193 means changes which meet the following qualifications:
194 a. For residential buildings, an increase of not more than 5% in the size of structures,
195 provided that there is no increase in the overall density of the project.
196 b. For nonresidential buildings, a reduction or increase of no more than 5% in gross floor
197 area.
198 c. A revision in internal floor plans, if consistent with the character of the use.
199 d. The alteration of vertical elevations by no more than 5 %.
200 e. The relocation of building footprints by no more than 5 feet, unless a specific setback
201 or separation distance was•imposed as a condition of PD approval. Building locations must
202 meet setback requirements unless an adjustment has been granted by the examiner.
203 f. The substitution of plant materials included, provided they are substituted by similar
204 types of landscaping.
205 g. A reduction in the size of signs or an increase in sign setbacks.
206 h. The internal rearrangement of parking spaces in a parking area, if the total number of
207 parking spaces provided is not reduced and circulation hazards or congestion are not created
208 by the redesign.
209 i. A change in the name of the PD or in the names of streets within the PD.
210 j. Other similar changes of a minor nature proposed to be made to the configuration,
211 design, layout or topography of the PD which are deemed not to be material or significant in
212 relation to the entire PD and are-determined not to have any significant adverse effect on
213 adjacent or nearby lands or the public health, safety or welfare.
214 3. Any proposed change to an approved PD may be referred to the examiner and
215 appropriate legislative body for review, regardless of whether the change may qualify as a
216 minor change as noted above.
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217 15.941 Density bonus criteria.
218 A. The purpose of density bonuses is to encourage developers to promote housing
219 affordability by encouraging planned developments to include affordable housing strategies
220 within a project.
221 B. Eligibility to obtain a density bonus is based upon site plan review and hearing
222 approval by the Hearing Examiner. Such density bonus may be granted if the PD plan
223 submitted is judged by the Hearing Examiner to have achieved one or more of the density
224 bonus criteria.
225 C. The maximum density bonus allowed is limited to an additional ten percent over the
226 density allowed in the underlying zone.
227 D. Density Bonus Criteria. Upon submittal of the PD application, Planning reviews the
228 proposed project and submits a report to the Hearing Examiner, containing recommendations
229 and findings of fact with respect to the allocation of density bonus for the project. The
230 allocation of density bonus should be based upon a comprehensive review of the entire
231 project. The amount of density bonus shall be decided by the examiner based on the type and
232 amount of additional amenity provided by the project. No density bonus will be allowed if it
233 is determined by the examiner that the additional density may create incompatibilities with
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234 adjoining properties, significant environmental degradation, or substantial reduction of the
235 capacity of available community infrastructure. Consideration of the following criteria
236 should be given but need not be limited to these:
237 1. Affordability of Housing. Items for consideration here would include the provision of
238 a mix of housing types, utilization of townhouses, condominiums and apartments directed
239 toward providing a reasonable variety of housing types, especially including low- and
240 moderate - income dwelling units, and provisions of housing for senior citizens (age 55 and
241 over) and special needs populations. Up to 5% additional density bonus may be allowed for
242 • this category.
243 2. Facilitation of Small Lot Sizes and Clustering. Small lot sizes, clustering and other
244 options which increase the supply of affordable housing and home ownership options will be
245 considered under this category. Up to 5% additional density bonus may be allowed for this
246 category.
247 3. Infill Development. Development which utilizes without overburdening existing
248 infrastructure may be considered eligible for density bonuses. Up to 5% additional density
249 bonus may be allowed for this category.
250 4. Quality of Life. Use density bonuses to reward projects which:
251 a. Treat environmental features sensitively;
252 b. Include parks, other public or private open space, and interconnected pathways;
253' c. Are designed to promote security and, safety within a neighborhood and community
254 context; and
255 d. Utilize other design features to enhance the quality of life for residents and the larger
256 neighborhood.
257 5. Other items. Other suitable items believed by the Hearing Examiner to be related to
258 the Purpose section of this chapter and worthy of consideration may also be included as
259 density bonus criteria. Up to 2% additional density bonus may be allowed for this category.
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260 15XX$CL• Common open space.
261 1. Provision of Common Open Space. In the event that a PD provides common open
262 space, the open space shall be developed and maintained by the owner(s) of the PD. Each
263 ownership interest within the PD shall include an undivided proportionate interest in the
264 common area. Ownership and maintenance of the common areas designated for the
265 enjoyment of residents /owners shall be the responsibility of the owner(s) pursuant to an
266 appropriate covenant, recorded with the County Auditor, binding the PD owner(s) to the
267 maintenance of the common areas, or a different arrangement determined to be adequate by
268 the Hearing Examiner.
269 2. Open Space Management Plan. In the event that a PD provides common open space,
270 an Open Space Management Plan (OSMP) shall be prepared by the applicant for review at the
271 time of application. The OSMP shall include provisions for the periodic inspection of the
272 subject open space by the appropriate jurisdiction. In the event that open space is not
273 maintained consistent with the OSMP, the City /County shall have the right to provide the
274 maintenance thereof and levy an assessment against the property in favor of the City /County
275 for all reasonable and necessary costs of such maintenance. The assessment levied against the
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276 property shall constitute a lien against the property in favor of the City /County and shall be
277 subject to foreclosure as are deeds of trust and mortgages.
Section 2. Severability: If any section, subsection, paragraph, sentence, clause or phrase of
this ordinance, or any 'provision of the Yakima Municipal Code established by this ordinance,
is declared invalid or unconstitutional for any reason, such decision shall not affect the
validity of the remaining portions of this ordinance, or other provisions of the Yakima
Municipal Code established by this ordinance.
Section 3. This ordinance shall be in full force and effect 30 days after its passage, approval,
and publication as provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved
this 24 of November, 1998.
r John Puccinelli, Mayor
ATTEST:
City Clerk
Publication Date:
11 -27 -98
Effective Date: 12 -27 -98
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting Of November 24, 1998
ITEM TITLE: Continued Joint Public Hearing to Consider Adoption of Growth
Management Implementation Ordinances
SUBMITTED BY: William Cook, Director
Community and Economic Development
CONTACT PERSON/TELEPHONE: Don Skone, Planning Manager (575 -6163)
SUMMARY EXPLANATION:
On October 20, 1998 the Yakima City Council and Yakima County Commissioners
opened a Joint Public Hearing to consider testimony regarding the adoption of a series
of Implementation Ordinances, as recommended by the Yakima Urban Area Regional
Planning Commission. The Hearing was continued to receive final testimony, and direct
legislation. A series of ordinances has been prepared for consideration.
Resolution [X ] Ordinances Contract _ Other (Specify) Staff Report
Funding Source
APPROVAL FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Consider final testimony, consider previous testimony ,
direct changes as necessary and adopt ordinances
BOARD RECOMMENDATION: The Yakima Urban Area Regional Planning
Commission recommended adoption of ordinances. Several ordinances and map
changes have been submitted to the RPC recommendation and included herein.
COUNCIL ACTION:
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