Chapter 15.28


15.28.010    Purpose.

15.28.020    Types of master planned development overlays—Permitted uses.

15.28.025    Minimum project size.

15.28.030    Application—Master planned development overlay.

15.28.035    Phased development.

15.28.038    Planned action—Environmental review.

15.28.040    Review process.

15.28.050    Master planned development overlay—Development agreement.

15.28.060    Implementing permits and approvals.

15.28.070    Vesting.

15.28.080    Modification of an approved master planned development overlay.

*    Prior legislation: Ord. 98-63.

15.28.010 Purpose.

A.    Purpose. A master planned development overlay (PD) is a comprehensive development plan intended to provide flexibility in design and building placement, promote attractive and efficient environments that incorporate a variety of uses, densities and/or dwelling types, provide for economy of shared services and facilities, and economically utilize the land, resources, and amenities. A master planned development overlay is intended to create regulatory incentives and standards that:

1.    Allow flexibility in development standards and permitted uses while ensuring compatibility with neighboring uses;

2.    Facilitate the efficient use of land and provide for a comprehensive review of integrated development projects;

3.    Increase economic feasibility by fostering efficient arrangement of land uses, buildings, transportation systems, open space and utilities;

4.    Preserve or enhance natural amenities, features, shorelines and critical areas in the development of a particular site;

5.    Identify significant environmental impacts and ensure appropriate mitigation;

6.    Provide certainty regarding the character, timing and conditions for planned residential, commercial, industrial and mixed-use development within an identified geographic area and vest such projects through a public review process;

7.    Encourage environmentally sustainable development;

8.    Provide needed services and facilities in an orderly, fiscally responsible manner;

9.    Promote economic development, job creation and diversification and affordable housing in the city;

10.    Create vibrant mixed-use neighborhoods, with a balance of housing, employment, commercial and recreational opportunities; and

11.    Promote consistency with the goals, policies and objectives of the Yakima urban area comprehensive plan.

B.    A master planned development may take the form of a residential, commercial, industrial, or mixed-use development. Each is intended to accommodate and facilitate larger scale development designed to accomplish integrated and flexible site planning. Residential, commercial and industrial master planned developments shall be allowed in zoning districts consistent with the primary use of the respective master planned development (e.g., residential PD in residential zones). A master planned development—mixed-use shall be permitted in any zoning district subject to specific findings that the site and master concept plan are compatible with existing adjacent land uses.

C.    Applicants for master planned development will be encouraged to utilize unique and innovative facilities that encourage the efficient and economical use of the land; promote a sound system for traffic and pedestrian circulation; promote open space and use of natural and/or developed amenities; and provide an architecturally attractive, durable, and energy-efficient development. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008).

15.28.020 Types of master planned development overlays—Permitted uses.

A.    Types of Master Planned Developments. The following four types of master planned development overlays are authorized within the Yakima urban area:

1.    Master Planned Development—Residential. A residential master planned development is designed to provide a type or mixture of residential dwellings (single-family, two-family, or multiple-family) with attendant streets, utilities, public facilities, and appurtenant common open space and recreational facilities or other areas or facilities. A residential master planned development is authorized in any residential zone (suburban residential (SR), single-family residential (R-1), two-family residential (R-2), and multifamily residential (R-3)); and professional business (B-1) and local business (B-2) zones. The residential master planned development may include incidental or supporting uses and facilities that are consistent with the primary use of the site for residential dwelling units.

2.    Master Planned Development—Commercial. A commercial master planned development is designed for the integrated site planning of commercial, retail, office, or mixed commercial use (commercial, office and retail) developments. The commercial master planned development shall be for the primary purpose of providing commercial services and facilities, and may include any incidental and/or supportive land uses. A commercial master planned development is authorized in any commercial or business district (i.e., B-1, B-2, SCC, LCC, AS, GC, CBD, and RD) and light industrial (M-1) as identified in Table 4-1 (YMC Chapter 15.04).

3.    Master Planned Development—Industrial. An industrial master planned development is designed to allow for the innovative site planning of industrial land uses and facilities, industrial parks and business parks. The industrial master planned development shall be allowed in light industrial (M-1) and heavy industrial (M-2) zoning districts as designated in Table 4-1 (YMC Chapter 15.04).

4.    Master Planned Development—Mixed-Use. The intent of the mixed-use master planned development is to encourage the innovative mixture of residential, office, commercial, retail, and certain light manufacturing uses. Uses may be combined in single structures or buildings or may be designed in conjunction with other uses.

A mixed-use master planned development is intended to accommodate larger scale residential, commercial, retail, office, and/or recreational uses. It is recognized that mixed-use development will include innovative planning techniques; a mixture and variety of land uses; integrated planning of site improvements and structures; and site planning that increases the economic feasibility and efficient use of land. A mixed-use master planned development is authorized in any zoning district except airport support (AS) and heavy industrial (M-2).

B.    Master Planned Developments—Permitted Uses. The following uses are permitted in master planned developments upon approval of a master development plan:

1.    Residential Master Planned Developments.

a.    One-family, two-family, and multifamily residences;

b.    Recreational and amusement facilities which are intended to serve the master planned development and general public including, but not limited to: golf courses, clubhouses, driving ranges, tennis courts, swimming pools, parks, community centers, and playgrounds;

c.    Schools, libraries, museums, and art galleries;

d.    Public services and facilities including police and fire stations;

e.    Manufactured home parks and subdivisions; provided, that the provisions of YMC 15.04.150 shall be met as a condition of approval of the master planned development; and

f.    Any other uses authorized in the underlying zone are pursuant to Type (1), (2), or (3) review and are set forth in Table 4-1 (YMC Chapter 15.04).

2.    Commercial and Industrial Master Planned Developments.

a.    Uses are permitted in accordance with those uses allowed within the underlying zoning district as identified in Table 4-1 (YMC Chapter 15.04).

b.    Such other uses as are consistent with the Yakima urban area comprehensive plan and future land use map or are of a similar type and intensity as those uses allowed within the underlying zoning district as identified in Table 4-1 (YMC Chapter 15.04).

3.    Mixed-Use Master Planned Development. Any residential, retail, commercial, office, public, light industrial, and/or recreational use may be permitted in a mixed-use master planned development provided such uses are designed in harmony with the overall site plan and do not adversely impact adjoining properties and development. It is recognized that uses may include a combination of residential, commercial, retail, service, and recreational uses developed in an innovative manner. It is the intent of this district to provide flexibility in design, concept, and usage in order to respond to and meet the needs of the community and marketplace.

C.    Additional Uses Allowed. Unless otherwise restricted by subsection B of this section, the hearing examiner is authorized to recommend additional uses within a master planned development provided such uses are an integrated component of the development and not detrimental to surrounding land uses. Authorization of additional uses shall take into consideration the following factors:

1.    Any nonresidential uses proposed in a master planned development—residential shall be primarily designed and intended for the use of the residents within the proposed development and planned as an integral part of such master planned development;

2.    Nonresidential uses within a master planned development—residential are limited to those uses allowed as Class (1) or Class (2) uses in professional business (B-1), local business (B-2), and small convenience center (SCC), as listed in YMC Chapter 15.04, Table 4-1. Such nonresidential uses will be limited to no more than ten percent of the land contained in the master planned development, excepting recreational facilities or as otherwise provided in this chapter. No commercial or other intensive nonresidential use is permitted to be closer to the boundary of any adjacent residential district than is permitted for the same use by the underlying zoning; and

3.    Residential uses within a master planned development—commercial or industrial shall be limited to those that are secondary to the primary commercial and industrial use and designed in a manner that is consistent with integrated site planning. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008).

15.28.025 Minimum project size.

The minimum project size for a master planned development shall be two acres. All properties included in the master development plan shall be contiguous with logical outer boundaries. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2011-52 § 9, 2011: Ord. 2008-46 § 1 (part), 2008).

15.28.030 Application—Master planned development overlay.

A.    Application for Master Planned Development Overlay. The master planned development overlay zone shall be established only in conjunction with a master development plan, which sets forth the parameters for development of the property including a site plan and development agreement. An application for a master planned development may be submitted as a concept plan or consolidated with site-specific proposals (e.g., preliminary plat, use applications, etc.). The proposed master plan shall be for property under single ownership, or if in multiple ownerships, the master plan application shall be signed by each owner of property within the master plan and all owners shall agree to be bound by conditions of approval, including use, design and layout and development standards established through the hearing process. All properties included in the master concept plan shall be contiguous with logical outer boundaries located within the urban growth area (UGA). A proposed master concept plan may include properties both within and outside the jurisdictional boundaries of the city of Yakima; provided, that all areas are located within the UGA. Applications for master planned development overlays which transcend jurisdictional boundaries shall complete one of the following prior to acceptance of the application for processing:

1.    Annexation of the remainder of the property lying outside of city limits into the city of Yakima; or

2.    Submit a petition for annexation to the Yakima city council for the above-mentioned property, and attain and submit an early transfer of jurisdiction letter to the city of Yakima releasing the proposed land use application to be processed by the city of Yakima.

B.    Development Plan—Submission Requirements. An application for master planned development shall include the following information:

1.    Planning History. A summary of all previous known land use decisions affecting the applicant’s property and a list of all outstanding conditions of approval with respect to such prior land use decisions.

2.    Existing Property Information. An application for a master planned development shall contain the following information on and adjacent to the site, presented in narrative, tabular, and/or graphic formats:

a.    Vicinity map that identifies surrounding uses within three hundred feet of the site boundary.

b.    Legal description for the proposed master planned development together with a title report disclosing all lien holders and owners of record.

c.    Zoning map that identifies base and overlay zoning designations for the site and surrounding property uses within three hundred feet of the site boundary.

d.    Site description including the following information provided in narrative, tabular, and/or graphic formats:

e.    Topography and natural resources including one-hundred-year floodplain; wetlands, rivers, streams, or other critical areas; and natural hazards such as steep slopes greater than fifteen percent, and unstable, impermeable, or weak soils.

f.    Inventory of cultural, historic, and/or archaeological resources on the site, if any.

g.    Existing buildings, if any, including use, location, size, and date of construction.

h.    Existing on-site transportation systems including streets, sidewalks, and bike paths, if any.

i.    Location and size of existing public and private utilities on the site including water, sanitary sewer, stormwater retention/treatment facilities, and electrical, telephone, and data transmission lines.

j.    Location of public and private easements.

k.    A description of the type, design, and characteristics of the surrounding properties for purposes of assessing the proposed master planned development effects.

3.    Technical Studies. Technical studies may be required by the administrative official when potential adverse impacts are identified outside of the SEPA regulatory review process and may include the following:

a.    A traffic impact analysis sufficient to assess access to the site and within the site, on-street parking impacts and limitations and necessary traffic-related improvements;

b.    Drainage study;

c.    Geotechnical analysis;

d.    Noise analysis;

e.    Visual composite; and

f.    Other analysis of potentially significant issues as identified during the SEPA environmental checklist review.

4.    Site Plan. The application shall include a concept site plan which includes the following elements:

a.    Project boundaries;

b.    Primary uses and ancillary uses;

c.    Existing and proposed structures;

d.    Gross floor area of development;

e.    Maximum building heights;

f.    Minimum building setbacks;

g.    Maximum lot coverage;

h.    Any other development standards proposed to be modified from the underlying zoning district requirements;

i.    The proposed circulation system of arterial and collector streets including, if known, the approximate general location of local streets, private streets, off-street parking, service and loading areas, and major points of access to public rights-of-way, with notations of proposed public or private ownership as appropriate;

j.    The proposed location of new and/or expanded public and private utility infrastructure;

k.    Sitescreening, landscaping and street trees;

l.    A master planned development incorporating commercial or industrial facilities must provide a buffer or site design along the perimeter of the master planned development, which shall reasonably transition the master planned development to any adjacent properties zoned or used for residential purposes. If automobile parking, driveways, or machinery operation are to be provided within one hundred feet of a master planned development boundary, sitescreening shall be provided in accordance with YMC 15.07.020;

m.    Aesthetic considerations related to building bulk, architectural compatibility, light and glare, urban design, solar access and shadow impacts;

n.    Site features as appropriate to mitigate traffic, environmental, geotechnical, and other impacts as identified in technical studies required by this chapter; and

o.    Shoreline and critical areas where applicable.

5.    Development Agreement. The application should also include a draft development agreement including the following elements:

a.    Narrative description of project and objectives;

b.    Summary of development standards;

c.    Site plan elements;

d.    Development phasing, including times of performance to preserve vesting (YMC 15.28.070);

e.    Public meeting summaries;

f.    Performance standards and conditions addressing subsections (B)(5)(a) through (e) of this section;

g.    Criteria for determining major versus minor modifications and amendments; and

h.    Signatures by each owner of property within the master development plan area acknowledging that all owners will agree to be bound by conditions of approval, including use, design and layout, and development standards contained within an approved plan and development agreement. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008).

15.28.035 Phased development.

The master planned development overlay application may include two or more phases of development; provided, that:

A.    The development plan identifies phases of the project in sufficient detail to evaluate timing and coordination of phased development;

B.    The proposed timing or sequencing of development, recognizing that phasing may require flexibility that is responsive to market demands;

C.    Each phase will be subject to development standards identified, adopted, and vested in the review process; and

D.    Each phase of a proposed master plan shall contain adequate infrastructure, landscaping and all other conditions in order to allow the phase to stand alone if no other subsequent phases are developed. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008).

15.28.038 Planned action—Environmental review.

An application for master planned development overlay shall include a completed environmental checklist. If requested by applicant and deemed appropriate by the city, a master planned development overlay proposal may be designated by the city as a planned action pursuant to RCW 43.21C.031(2) and WAC 197-11-164 et seq. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008).

15.28.040 Review process.

A.    Application. The master planned development overlay application shall be reviewed using the rezone procedures described in YMC 15.23.030. The criteria of YMC 15.23.030(D)(1) through (7) shall not be used. Upon filing of a complete master plan application and completion of the required environmental review process, the planning division shall forward the application, together with its recommendation, to the hearing examiner to conduct a public hearing and review in conformity with YMC 15.23.030.

B.    Preapplication Conference. A master planned development site plan shall be subject to a preapplication conference prior to formal submittal. The preliminary site plan shall be submitted to the administrative official, which shall include the material outlined for a master concept plan as set forth in YMC 15.28.030(B). The administrative official shall coordinate with the appropriate departments and provide recommendations to the applicant regarding site planning; use and concept design; street and utility layout, design, and location; development standards; and other matters pertinent to the application and review criteria.

C.    Public Hearing and Recommendation. A master planned development application shall be reviewed in an open record public hearing before the hearing examiner. Hearings shall be as prescribed in YMC 16.03.030 and 16.03.040. The hearing examiner shall apply the master planned development review criteria set forth herein and issue a written recommendation to the legislative body to approve, approve with conditions, or deny the proposed master planned development. The hearing examiner may add recommended conditions as necessary to protect the general public interest, health, safety, comfort, and welfare from potential impacts, nuisances, hazards, or offensive conditions. The recommendation shall specifically include findings, conclusions, and conditions based on evidence and testimony in the open record public hearing.

D.    Master Planned Development—Review Criteria. The hearing examiner shall evaluate a master planned development application and other evidence submitted into the record; and shall issue such recommendation based upon the following considerations and criteria:

1.    The master planned development application demonstrates the economic and efficient use of land and provides for an integrated and consistent development plan for the site.

2.    The applicant has identified development standards and uses that are consistent with the master plan and designed in a manner that is compatible with adjacent land uses after consideration of applicable mitigation and site design. The hearing examiner may consider development standards that are different from currently adopted development standards in order to provide flexibility in site planning; to implement project design and concepts; to respond to market conditions; or to otherwise achieve the public benefits contemplated by the concept plan.

3.    Consideration shall be given to “low impact development” concepts.

4.    There will be adequate infrastructure capacity available by the time each phase of development is completed.

5.    The master planned development contains design, landscaping, parking/traffic management, and use mixture and location that limit or mitigate conflicts between the master planned development and adjacent uses. Consideration shall be given to site planning that supports land use flexibility through means of appropriate setbacks, landscaping, sitescreening, buffers, and other design features or techniques.

6.    All potential significant off-site impacts including noise, shading, glare, and traffic have been identified and mitigation incorporated to the extent reasonable and practical.

7.    The project is designed and includes appropriate consideration of open spaces and transportation corridors, designs of street and public open space amenities, and results in the functional and visual appearance of one integrated project.

8.    The proposed development is not adverse to the public health, safety, or welfare.

9.    The public benefits of approving the master planned development outweigh the effect of modification of standards to the underlying zoning district.

10.    The proposed development is designed to be consistent with the provisions of the shoreline master program and critical areas ordinance of the appropriate jurisdiction.

E.    Legislative Body. Following receipt of the hearing examiner’s recommendation, the legislative body shall schedule a closed record hearing for consideration of the hearing examiner’s recommendation on the master planned development overlay application. Upon conclusion of the hearing, the legislative body may:

1.    Accept the hearing examiner’s recommendation;

2.    Remand the master planned development application to the hearing examiner to provide supplementary findings and conclusions on specific issues;

3.    Modify the hearing examiner’s recommendation based upon testimony and evidence provided at the open record public hearing. In the event of a modification of the hearing examiner’s recommendation, the legislative body shall enter its own modified findings of fact and conclusions of law as are necessary and consistent with their final determination; or

4.    Deny the application, with or without prejudice.

F.    Appeals. The legislative body’s decision shall be the final decision on the project permit application, subject to appeal pursuant to the Land Use Petition Act (LUPA)—RCW Chapter 36.70C. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008).

15.28.050 Master planned development overlay—Development agreement.

An approved master planned development overlay (including conditions and development standards) shall be incorporated into a development agreement as authorized by RCW 36.70B.170. The development agreement shall provide for vesting of such development conditions and standards as are deemed reasonable and necessary to accomplish the goals of the master planned development. This agreement shall be binding on all property owners within the master planned development and their successors and shall require that development of the subject property be consistent with and implement the provisions of the approved master planned development. The approved development agreement shall be signed by the city manager and all property owners and lienholders within the boundaries of the master planned development overlay and recorded prior to approval and/or issue of any implementing plats or permits. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008).

15.28.060 Implementing permits and approvals.

A.    Implementing Applications. Any development applications submitted for property within an approved master planned development overlay shall be reviewed for consistency with and implement the master planned development plan. Such implementing applications with appropriate fees shall include but not be limited to applications for preliminary plat approval, binding site plans, zoning decisions, building permits, and other similar applications. Any subsequent application shall be reviewed and approved in accordance with the conditions and standards adopted in the master planned development overlay.

B.    Planned Action—Environmental Review. An applicant may submit a master planned development concept plan as a planned action pursuant to WAC 197-11-164. Any project review pursuant to the authorized planned action shall include the following:

1.    Verification that the project meets the description in, and will implement any applicable conditions or mitigation measures identified in, the master planned development approval and ordinance or resolution; and

2.    Verification that the probable significant adverse environmental impacts of the project have been addressed in environmental review in the context of the master plan review processes.

In the event the implementing project meets the above requirements, the administrative official may deem the project to qualify as the planned action designated in the master plan approval and a project threshold determination or EIS shall not be required (WAC 197-11-172(2)). The city is authorized to place conditions on the project in order to address significant impacts that were not fully addressed through the planned action process. Public notice for projects that qualify as planned actions shall be tied to the underlying permit. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008).

15.28.070 Vesting.

A.    The master planned development review shall be vested to development regulations, standards, conditions, and laws applicable at the time the development agreement described in YMC 15.28.050 is recorded, inclusive of specific conditions and standards set forth in said development agreement. The vesting period shall be for the time stated in the development agreement associated with each specific master planned development and shall be agreed upon by the parties to the development agreement after giving consideration to the extent and complexity of the proposed development as well as specific development planning considerations raised by the developer. During the stated vesting period the applicant shall be entitled to implement the master planned development in accordance with the terms and conditions of approval described in the development agreement.

B.    Vesting of rights may also include reservation of traffic capacity on public streets and roadways or capacity in public facilities such as sewer and water, if such reservations are specifically agreed upon in the development agreement required by YMC 15.28.050. Such reservations shall be applicable for the time set forth in the development agreement. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008).

15.28.080 Modification of an approved master planned development overlay.

Implementation of the master development plan shall be reviewed through the Type (1) review process. Modifications to the adopted master development plan and/or development agreement may be requested from time to time. Minor modifications will undergo Type (2) review. Major modifications will undergo Type (3) review. The following criteria are established to assist this determination:

A.    Type (1) Review Projects or Actions. Type (1) review process shall be applied to future Class (1) projects or actions in compliance with an approved master development plan and development agreement; and

B.    Type (2) Review Projects or Actions. Type (2) review process shall be applied for minor modifications to an approved master development plan or development agreement.

A change or amendment to the approved master plan shall be deemed a “minor modification” if, in the reviewing official’s discretion, the following criteria are satisfied:

1.    The amendment does not increase the areas identified for any particular land use or increase the residential density approved in the master plan;

2.    The amendment does not increase the total floor area of nonresidential uses by more than five percent;

3.    The amendment does not materially change the type and character of approved uses;

4.    The amendment does not materially change parking or traffic circulation within the development;

5.    The amendment does not materially change setbacks, buffers, landscaping, shoreline, critical areas, or other mitigation measures;

6.    The amendment does not materially impact the overall design of the approved master plan; and

7.    Other similar changes of a minor nature proposed to be made to the configuration, design, layout, or topography of the master planned development which are deemed not to be material or significant in relation to the entire master planned development and are determined not to have any significant adverse effect on adjacent or nearby lands or the public health, safety or welfare.

C.    Type (3) Review Projects or Actions. A major modification to the master development plan shall be subject to a Type (3) review and shall be referred to the hearing examiner in accordance with YMC 15.15.040. A “major modification” shall be any modification to an approved master development plan or development agreement that is deemed to be more significant than a “minor modification” as described hereinabove.

Type (2) and (3) review shall be conducted consistent with the provisions of YMC Chapters 15.14 and 15.15, respectively. For any changes falling outside the scope of such review, the procedures set forth in this chapter for original master development plan and development plan approval shall be followed. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008).