Chapter 17.52


17.52.010    Purpose.

17.52.020    Permitted uses.

17.52.030    Definitions.

17.52.040    Administering authority.

17.52.050    Planned unit development zone designation.

17.52.060    Design standards and procedures.

17.52.070    Procedure for approval of planned unit developments.

17.52.080    Building permits.

17.52.090    Minor and major adjustments after final approval.

17.52.010 Purpose.

It is the purpose of the PUD zone to encourage innovation and creativity in the development of new residential, commercial and industrial areas in the City. To carry out the objective and spirit of the comprehensive plan, it is the purpose of this zone to encourage new development now limited by the strict application of the City’s zoning and subdivision regulations. More specifically, it is the purpose of the PUD zone to:

A. Encourage development of a variety of housing types.

B. Encourage development of a viable economic base that enhances the image of the City.

C. Create and/or preserve usable open space for recreation and aesthetic enjoyment of residence and employees.

D. Preserve as much as possible the natural characteristics of the land, including topography, native vegetation and views.

E. Avoid construction and hazardous areas.

F. Preserve and/or create wildlife habitat.

G. Encourage creativity in design.

H. Provide for maximum efficiency in the layout of streets, utility networks and other public improvements.

I. Provide a guide for developers and City officials who review and approve residential commercial and industrial developments meeting the standards and purposes of the PUD zone.

J. Encourage the development of uses that will be compatible with adjacent existing and proposed uses and that will be beneficial to the community.

K. Allow development of parcels of property in phases over a period of time, as specified in the plan.

L. Encourage flexibility that will permit a more creative approach to the development of land and will result in a more efficient, aesthetic and desirable use of open spaces.

M. Encourage and permit flexibility and design, placement of buildings, use of open spaces, circulation facilities, parking areas, and to best utilize the potential of sites characterized by special features of geography, topography, size or shape of proposed uses of land. [Ord. 1271 § 17-2-10, 1980.]

17.52.020 Permitted uses.

The following are permitted uses in the PUD zone: unlimited, pending final approval of the development plan. [Ord. 1272 § 17-3-10.1, 1980.]

17.52.030 Definitions.

For the purposes of the PUD zone, certain terms, phrases, words and their derivatives shall be construed as specified in this section. Words used in the singular include the plural, and the plural the singular. The word “shall” is mandatory; the word “may” is permissive.

A. “Commercial development” means any planned unit development designated for commercial purposes which may include, but is not limited to, offices, hotels, restaurants, banks, multifamily housing and similar uses. A commercial planned unit development shall permit the development of property for any purposes or combination of purposes as approved.

B. “Common areas” means a parcel or parcels of land or an area of water or a combination of land and water within the site designated for planned unit development and designated and intended for the use and enjoyment of residents and employees of a planned unit development. Common areas may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents and employees of the planned unit development.

C. “Developer” means a person, partnership, joint venture or corporation who proposes to develop or has developed planned unit development, pursuant to the PUD zone designation.

D. “Industrial development” means any planned unit development designated and intended primarily for industrial uses which may include, but is not limited to, office, warehouse and manufacturing uses.

E. “Landowner” means the legal or beneficial owner or owners of all the land proposed to be included in the planned unit development; a contract purchaser or any other person having an enforceable proprietary interest in such land shall be deemed to be a landowner for the purposes of the Planned Unit Development zone designation.

F. “Legal ownership” means the proprietary interest of a landowner as defined in subsection (E) of this section.

G. “Planned unit development (PUD)” means any development approved and developed in accordance with the terms of this chapter, including a subdivision of such land, which development may occur at one time or in phases.

H. “Multiple-use PUD” means a planned unit development where there will result a mix of several types of authorized land uses or developments.

I. “Open space” means a parcel or parcels of land or an area of water or a combination of land and water within the site designated for a planned unit development which are without above-ground structures or buildings of any nature whatsoever, and which shall be included but not limited to landscaped areas, garden areas, lawns and other undeveloped areas.

J. “Plan” means the approved final draft of the planned unit development plan, including all agreements and documents that are a part thereof.

K. “Property owners association” means an incorporated, nonprofit organization formed or qualified under the laws of the State of Washington, operating under recorded land agreements through which:

1. Each landowner is automatically a member;

2. Each landowner is automatically subject to a charge for a proportionate share of the expense for the organization’s activities, such as maintaining common areas and facilities; and

3. Such charge, if unpaid, becomes a lien against the property of the landowner.

L. “Residential development” means any planned unit development designed and intended primarily for residential use regardless of the type of building in which such residence is located, i.e., conventional single-family residences, townhouses, duplexes, four-plexes, multifamily structures, or apartments, but excluding mobile home parks and mobile home subdivisions. [Ord. 1272 § 17-3-10.2, 1980.]

17.52.040 Administering authority.

A. Official Agency. The Planning Commission shall conduct public hearings after at least five days’ published notice to review proposed planned unit development and make appropriate recommendations to the City Council.

B. Reviewing Agencies. Upon filing of a preliminary plan application for a planned unit development with the office of the City Manager, he shall supply a copy for their review and comments, if in the City Manager’s sole discretion it is appropriate, to:

1. City Director of Public Works;

2. Yakima County Clean Air Authority;

3. Sunnyside Valley or Snipes Mountain Irrigation Districts;

4. City Fire Department;

5. City Police Department;

6. Yakima County Health District;

7. Yakima County Department of Public Works;

8. Sunnyside School District No. 201;

9. Washington State Department of Ecology;

10. Local office of the U. S. Soil Conservation Service;

11. The office of any electrical distribution companies servicing the area;

12. The office of any telephone companies servicing the area;

13. The office of any natural gas companies servicing the area;

14. Any other affected utility company or special district;

15. Garbage contractors;

16. Washington State Department of Social and Health Services;

17. Sunnyside Port Authority;

18. Sunnyside Chamber of Commerce.

C. Approving Agency. The City Council, upon consideration of the recommendations of the Planning Commission, and at a public hearing, after at least five days published notice, shall be the final approving agency for PUD zone determination. [Ord. 1272 § 17-3-10.3, 1980.]

17.52.050 Planned Unit Development zone designation.

The final approval of a planned unit development under the procedure detailed in this section shall amend the existing zone designation of the parcel to a zone designation of planned unit deveolpment.

A. Annexations. Annexations may receive a Planned Unit Development zone designation.

B. Time Limitations. If there is no substantial design or building activity by the time limit established in the plan, the Planning Commission and City Council shall hold appropriate hearings and rezone the parcel taking into consideration the current comprehensive plan, unless the owner/developer can show good causes why such should not be effective.

C. Partial Development of a Planned Unit Development. In a planned unit development project where partial development has occurred but has not been completed according to a specified time schedule as amended or extended, and after 30 days’ notice to the developer, a hearing will be held before the Planning Commission to determine if action should be taken to conduct hearings to rezone part or all of the planned unit development area. [Ord. 1272 § 17-3-5, 1980.]

17.52.060 Design standards and procedures.

A. Subdivision Requirements. Property within a planned unit development shall be subject to and comply with relevant subdivision laws.

B. Review of Criteria and Checklist. The following shall be considered in the review of the planned unit development application in light of the purposes stated in SMC 17.52.010:

1. Topography;

2. Geologic hazard;

3. Access;

4. Open space;

5. Densities;

6. Compatibility with comprehensive plan;

7. Vehicular and pedestrian circulation to and within the project;

8. Utility and other easements;

9. Setbacks;

10. Height limitations;

11. Flood Insurance Administration requirements;

12. Surface drainage;

13. Sub-surface drainage;

14. Occupancy schedule;

15. Other pertinent considerations. [Ord. 1272 § 17-3-10.5, 1980.]

17.52.070 Procedure for approval of planned unit developments.

The approval of a Planned Unit Development zone and project shall be by City Council, upon recommendation by the Planning Commission, and shall be posted in accordance with the following procedures:

A. Who May Apply. Any owner, legally authorized representative, or group of owners of contiguous property acting jointly may submit an application for planned unit development.

B. Informal Meetings. Prior to making application for preliminary approval, the developer shall meet with the City staff to study and review the proposed planned unit development. The developer shall prepare and submit to the City Manager six copies of a tentative application with the vicinity and site maps containing the information required by the review department.

C. Documentation Required with Application.

1. Vicinity Map. A vicinity map drawn to an appropriate scale which shall show all adjacent subdivisions, true north arrow, type of existing land use, and street and tract lines of acreage parcels with the names of owners of record. The map shall show the streets in the proposed planned unit development and their relationship with existing and proposed streets in adjacent subdivisions or undivided properties.

2. Site Maps. A map or maps drawn to a scale of not less than one inch representing 40 feet, unless a different scale is approved, showing the following proposals:

a. Names and dimensions of streets bounding or touching the site;

b. Pedestrian and vehicular circulation patterns;

c. Buildings, including identification of types and number of dwelling units in each, or use of buildings;

d. Dimensions between buildings and setbacks;

e. Off-street parking facilities;

f. Areas to be landscaped;

g. Existing and proposed drainage systems;

h. Locations, dimensions, use of area of common and private open space;

i. Location of public and private utilities;

j. Contour map at a scale of one inch representing 40 feet:

i. Two-foot elevation intervals for slopes less than 10 percent;

ii. Five-foot elevation intervals or slopes more than 10 percent elevation shall be based on U.S. Coast and Geodetic Survey datum;

k. Grading plans;

l. Landscaping plans;

m. Any other pertinent information required to review the planned unit development.

3. Building Elevations. Elevation or perspective drawing to scale to illustrate the architect’s order of structure.

4. Written Information. In addition to the information noted above, the developer shall submit a written statement with the necessary illustrations providing the following information:

a. Legal description of property;

b. Program for development, including staging or timing of development;

c. Proposed ownership pattern upon completion of development;

d. Basic content of restrictive covenant;

e. Provisions to ensure performance and maintenance of common open space through home owners’ association formation, condominium development, or other means acceptable to the City;

f. Statement or tabulation of dwelling unit densities proposed and number of anticipated employees;

g. Statement describing the relationship of the proposed planned unit development to the City’s comprehensive plan;

h. Maintenance assurance: streets, open space and other items;

i. Occupancy schedule;

j. Environmental checklist;

k. Other information which may be requested by the City for adequate review of the proposal.

D. Preliminary Plan. A preliminary development plan shall be submitted to the City Manager and shall include the general intent of the development, documentation as listed in subsection (C) of this section, rezone application and such other information for documentation which the City Manager shall require. The City Manager shall determine that the plans comply with the development policies of this section. At a public hearing, the City Council, upon recommendation of the Planning Commission, shall approve, modify or deny the planned unit development preliminary plan and rezone application.

E. Filing of Application. The application for preliminary approval of the planned unit development shall be filed with the City Manager, accompanied by a base fee calculated as specified in SMC 2.02.020.

In calculating the fee, using both the base fee factor and density factor, a fraction of one acre shall be considered a whole acre.

F. Timely Review by City Staff. Within 45 days following the completion of the environmental review process of a planned unit development preliminary plan, the City staff shall meet with the applicant to review the preliminary plan. At the first Planning Commission meeting following the City staff/applicant review meeting, the Planning Commission shall set the date for public hearing on the planned unit development preliminary plan, which shall be the next regular scheduled Planning Commission meeting.

G. Planned Unit Development Zone Approval. Approval of the Planned Unit Development zone designation and the approval of the preliminary planned unit development plan by the Council shall be concurrent.

H. Final Plan – Extension of Time.

1. The developer, within one year of approval by the City Council of the preliminary plan, shall submit to the Planning Commission a final development plan showing the ultimate design and specific details of the proposed planned unit development or the appropriate phase or phases thereof. The City Council, upon recommendation of the Planning Commission, shall approve, modify, or deny the final plan. At the time of the application for the approval of the final plan, the petitioner/applicant shall pay a fee of $50.00.

2. Upon application by the developer, the Planning Commission may grant an extension of time. If the final development plan is not filed within such one year or within the extended period(s) if any, the Planning Commission and City Council shall hold appropriate hearings and rezone the parcel to a zone designation in consideration of the comprehensive plan.

I. Sale of Planned Unit Development. If the developer sells the parcel or a portion of the parcel after preliminary approval, such sale shall not prevent final approval of the planned unit development, providing that any succeeding owner agrees in writing to comply with the plan and the requirements of this section.

J. Filing and Recording of Final Plan and Agreements. The final development plan, any agreements or agenda shall be recorded in the office of the Yakima County Auditor at the expense of the applicant and shall be binding upon the successors in the interest of the applicant(s). [Ord. 2172 § 1, 2007; Ord. 1272 § 17-3-10.6, 1980.]

17.52.080 Building permits.

Building and other permits shall be issued for the construction in planned unit development areas only in accordance with the final plan and program elements as approved by the City Council. [Ord. 1272 § 17-3-10.7, 1980.]

17.52.090 Minor and major adjustments after final approval.

A. Minor Adjustments. Minor adjustments may be made and approved by the City Manager, or his designee, when a building permit is issued. Minor adjustments are those changes which may affect the precise dimensions and location of buildings, which do not affect the basic character or arrangement of buildings, the density of the development, or the open space requirements.

B. Major Adjustments. Major adjustments are those which change the basic design, density or open space requirements of the planned unit development. When such change constitutes a major adjustment, it shall be subject to review and approval by the Planning Commission and City Council as if such major adjustment were an original application for a planned unit development, except no additional fees will be charged. [Ord. 1272 § 17-3-10.8, 1980.]