010.1. Intent. The use regulations hereby established for a project classification known as a planned unit development (PUD) are to allow for innovations and special features for residential and nonresidential development including the structures, conservation of natural land feature, and efficient utilization of the natural environment and strategic location of the city in the lower Yakima Valley.
 It is intended that the establishment of a PUD will provide a method which will allow for a variety of type, design and arrangement of structures or facilities and enable the coordination of project characteristics with features of particular sites in a manner consonant with the public health, welfare and safety.

010.2. Procedures, Standards and Other Requirements. The approval of a PUD may include modifications in the requirements and standards of the underlying land use district classification of the property upon which the project is located, subject to the limitations provided by the standards set forth in this section.

010.2.1. General Standards. PUD shall: (1) accomplish, by the use of permitted flexibility and variation in design, a planned development that is as good as or better than that resulting from the traditional development of the underlying land use district, with total net improvement to be gained by combinations and options of: placement, type and bulk of structures, coordinated open space, public facilities, such as walkways, controlled circulation, conservation of natural features, decreased water and air pollution, aesthetic features, harmonious design and similar elements; (2) avoid an overburden on the present or planned projected capacity of public utilities, services and roads, as compared to that which would be required by traditional development of the underlying land use district classification; (3) establish an environmental threshold for a use that might not otherwise qualify with the intent and environmental standards of the underlying land use district classification or the city.

010.2.2. Residential, Additional Specific Standards.

010.2.2.1. Clustering of subdivision lots of greater than ten acres may be applied so as to conform to the zoning district's "gross density" requirements as measured by the number of housing units per acre relative to the total area of the site, as well as increasing the site's "net density" as measured by the number of housing units per acre relative to the buildable area of the site, thus reducing lot sizes and concentrating development on a smaller portion of the available site.

010.2.2.2. Clustering subdivision lots must provide for at least an equal area of common open space to the total reduction in lot areas.

010.2.2.3. Maintenance of open space may be assigned to either public or private ownership and maintenance with the advice and consent of the city council.

010.2.2.4. Every PUD shall have at least fifteen percent of its gross land area in common open space, suitable for active or passive recreational purposes.

010.2.2.5. PUD's may provide for mixed land uses (single-family, multifamily, retail) within developments exceeding twenty acres. However, nonresidential land uses may not exceed in bulk more than forty percent of the project in residential districts; and, proper arterial circulation and access must be present or provided from the retail site.

010.2.2.6. The planning agency may recommend approval of a population density for a PUD, even though such density may be greater than that specified in the city and Yakima County comprehensive plans for the area containing the planned development, if, in the opinion of the planning agency, the design of the PUD will not result in inconvenient or unsafe access to the site, traffic congestion in the streets which adjoin the PUD, or excessive burden on parks, recreation areas, schools or other public facilities which serve or are proposed to serve the PUD district.

010.2.3. Nonresidential, Additional Specific Standards. No use will be made of any lot or any portion thereof or any building or structure thereon at any time, nor shall any materials or products be manufactured, processed or stored thereon or therein, which shall, in the opinion of the city council, cause an undue fire hazard to adjoining properties, or which shall constitute a nuisance or cause the emission of noxious odors or gases or smoke, or causes noises or other conditions which might injure the reputation of the lot in question or neighboring properties or which may constitute a violation of any law of the United States, the state of Washington, Yakima County, or the city or any regulation of ordinance promulgated thereunder.

010.2.4. Procedure for Application and Approval. The following procedures shall apply to all PUD's:

010.2.4.1. Preapplication conference shall be scheduled with the planning agency concerning the PUD requirements and procedure application is made. Following a preapplication conference the city administrator shall coordinate and assemble the reviews of the members and city consultants, if applicable, in the subject application and shall prepare a report summarizing the factors involved and the planning agency's findings and recommendations. Within seven working days following the preapplication conference the report shall be filed with the city clerk-treasurer, the applicant, and each of the members of the planning agency as well as city consultants.

010.2.4.2. An Application for Preliminary PUD. After filing the preliminary notice required by Section 17.29.010.2.6, the applicant for a PUD shall file with the planning agency at least fourteen days before the agency meeting at which the project proposal will be considered, a preliminary plan and program for the area within the boundary of the project, which plan and program shall consist of the following:

010.2.4.2.1. A dimensional map drawn to a scale of not less than one inch to one hundred feet depicting the following:

010.2.4.2.1.1. The boundaries of the site,

010.2.4.2.1.2. Names and dimensions of all existing streets bounding or touching the site of the proposed location,

010.2.4.2.1.3. Horizontal, vertical dimensions and types of all buildings and structures proposed to be located on the site,

010.2.4.2.1.4. Proposed location and dimension of "common open space,"

010.2.4.2.1.5. Proposed public dedications,

010.2.4.2.1.6. Location, dimension and design of off-street parking facilities, showing points of ingress and egress from the site,

010.2.4.2.1.7. Location and direction bearing of all major physiographic features, such as railroads, drainage canals and shorelines,

010.2.4.2.1.8. Existing topographic contours at intervals of not more than five feet, together with proposed grading and drainage landscaping,

010.2.4.2.1.9. Proposed land uses, intensities and densities, and

010.2.4.2.1.10. Pedestrian and vehicular circulation pattern; 010.2.4.2.2. A written program for development setting out detailed information concerning the following subjects as they may be involved in or provided for the PUD project:

010.2.4.2.2.1. Proposed ownership pattern,

010.2.4.2.2.2. Operation and maintenance of proposal (i.e., homes, associations, condominium, co-op, or other),

010.2.4.2.2.3. Waste disposal facilities,

010.2.4.2.2.4. Lighting,

010.2.4.2.2.5. Water supply,

010.2.4.2.2.6. Public transportation,

010.2.4.2.2.7. Community facilities,

010.2.4.2.2.8. Land uses,

010.2.4.2.2.9. Impact of development on man-made (e.g., agriculture, economic development, housing) and natural environments (e.g., wetlands, rivers, wildlife),

010.2.4.2.2.10. General timetable of development.

010.2.4.3. Rezone to PUD District-Hearing-Approval or Denial Criteria. The application for rezone to a PUD district shall be heard before the planning agency of the city at a public hearing within the time and in the manner provided in Chapter 17.34, amendments and rezones. The recommendation of the planning agency to approve or deny the application shall be based on the following criteria:

010.2.4.3.1. Substantial conformance to the Mabton sub-area comprehensive plan of 1984, as amended, and, the Yakima County-wide planning policies of 1993, as amended;

010.2.4.3.2. The proposal's harmony with the surrounding area, or its potential future use;

010.2.4.3.3. The system of ownership and means of development, preserving and maintaining open space;

010.2.4.3.4. The adequacy of the size of the proposed district to accommodate the contemplated development.

010.2.4.4. Procedure. An application for preliminary PUD shall be processed as four steps:

010.2.4.4.1. Public hearing of the preliminary plan by the hearing body and recommended to the city council, if appropriate;

010.2.4.4.2. Approval of the preliminary development plan by the city council at a public meeting;

010.2.4.4.2.3. Review of the final development plan by the planning agency for compliance with the approved preliminary development plan; and

010.2.4.4.2.4. Approval of the final development plan by the city council.

010.2.4.5. Hearings. The hearing body may be the planning agency, or the city council. The hearing body shall recommend to the city council approval, disapproval or approval with modifications, and/or conditions of the preliminary development plan.

010.2.4.6. Land Use Density, Intensity and/or Use. The planning agency may recommend approval of a land use intensity for a PUD, or the general land uses, even though such density or intensity may be greater than that specified in the city and Yakima County comprehensive plans for the area containing the planned development, if, in the opinion of the planning agency, the design of the PUD will not result in inconvenient or unsafe access to the site, traffic congestion in the streets which adjoin the PUD, or excessive burden on parks, recreation areas, schools or other public facilities which serve or are proposed to serve the PUD district.

010.2.5. Platting, Subdivision and Resale.

010.2.5.1. Platting shall be required of all projects which involve or contemplate the subdivision of land.

010.2.5.2. Lots in a platted PUD may be sold to separate owners according to the separate lots shown in the plat filed and approved in connection therewith. No sale shall be permitted which subdivides a lot in such a manner as will create a new lot line, except as provided in Title 19 (Mabton land platting and subdivision ordinance), Mabton Municipal Code.

010.2.5.3. All lots or sections of a subdivided PUD are to be controlled by the final development plan and such provisions of Title 19, MMC.

010.2.5.4. Preliminary plat drawings may be submitted by the applicant in conjunction with the preliminary development plan if the applicant requests a joint hearing on the preliminary development plan and the preliminary plat.

010.2.5.5. Where the provisions of the PUD require landscaping, parking, or other improvements as a condition to granting a permit for commercial and industrial developments, the city may credit donations of right-of-way in excess of that required for traffic improvement against such landscaping, parking or other requirements.

010.2.6. Final Development Time Schedule and Format. The applicant shall, within one year of the date of the preliminary development plan approval, submit at least four copies of a final development plan to the planning agency for its review and approval. Contents of binding site plan diagram will conform to those of a final plat or subdivision as outlined in Title 19, MMC. In addition, any agreements, covenants, or other provisions which will govern the use, maintenance, and assure continued protection of the PUD.

010.2.7. Public Notice. ;hg3;;em;(1);en;Preliminary Development Plan. The clerk-treasurer shall mail notices to adjacent property owners within three hundred feet of the proposed PUD and all parties of record at least seventeen calendar days prior to review by the planning agency of the final development plan. Comments will be received in writing during this period by the clerk-treasurer's office.

 (2) Final Development Plan. The clerk-treasurer shall mail notices to adjacent property owners within three hundred feet of the proposed PUD and all parties of record appearing at the preliminary development plan hearing at least seventeen calendar days prior to review by the planning agency of the final development plan. Comments will be received in writing during this period by the clerk-treasurer's office.

(Ord. 743 §1(part), 1993)