Yamhill City Zoning Code
CHAPTER 10
124 PLANNED UNIT DEVELOPMENT
§ 10.124.010 Purpose.
The purpose of the planned unit development is to provide a greater flexibility in development of land; to encourage a variety in the development pattern of the community; encourage developers to use a creative approach in land development; conserve natural land features; facilitate a desirable aesthetic and efficient use of open space; create public and private common open spaces and flexibility and variety in the location of improvements on lots with diversity in the use of land. The planned unit development is not intended to be simply a means of avoiding normal zoning requirements for a single use in a particular area.
(Ord. 454 §2, 2000)
§ 10.124.020 Adoption of Planned Unit Development.
Any property may be designated as a planned unit development in accordance with the provisions of this chapter; provided that the Planning Commission adopts the final development plan for such property in accordance with this chapter.
(Ord. 454 §2, 2000)
§ 10.124.030 Permitted Uses.
The following uses may be permitted in a planned unit development:
(A)
Planned Residential Developments.
(1)
Single-family dwellings;
(2)
Accessory dwelling units;
(3)
Duplex dwellings;
(4)
Multi-family dwellings;
(5)
Tiny house developments;
(6)
Public and private non-profit parks and playgrounds, community centers and recreation facilities;
(7)
Common public and private open spaces;
(8)
Hiking and riding trails;
(9)
Private non-commercial clubs, such as golf, swimming, tennis, and country clubs;
(10)
Residential home;
(11)
Assisted living facility;
(12)
Residential facility;
(13)
Child care center;
(14)
Accessory structures and uses.
(C)
Planned Civil, Public Service, and Educational Development.
(1)
Municipal and civic centers, libraries, parks and recreational facilities or such uses owned by any other political subdivision;
(2)
Educational institution, public or private;
(3)
Hospitals, including retirement homes;
(4)
Research facilities limited to academic research functions;
(5)
Service uses, including, but not limited to, civic theaters, museums, churches, convents, and monasteries.
(Ord. 454 §2, 2000; Ord. 515 §1, 2017; Ord. 545, 7/9/2025)
§ 10.124.040 Development Improvement Prohibited Pending Compliance.
No excavating, grading, construction, improvement, building or permits therefor shall be authorized or issued within the planned unit development pending compliance with the following:
(A)
Full compliance with all provisions of this chapter including execution and filing of all documents required herein.
(B)
Compliance with Title 11, Land Divisions, of the City of Yamhill, improvement regulations of the City of Yamhill, and Building Code of the City of Yamhill.
(C)
Full compliance with the final development plan and program.
(Ord. 454 §2, 2000; Ord. 545, 7/9/2025)
§ 10.124.050 Development Standards.
(A)
In General. To insure effective development of the City, the following development standards are adopted as part of the planned unit development chapter in addition to all other development standards provided for in this Title and the subdivision and planned unit development regulations. In cases of conflict between standards set forth in this chapter and other parts of the City Code, the standards provided for in such other code sections shall control unless the Planning Commission grants a variance from said standards in the approval of the final plan or subdivision plat as provided in this chapter.
(B)
Minimum Development District Size. Planned unit developments shall be established only on parcels of land which are suitable for the proposed development and of sufficient size to be planned and developed in the manner consistent with the purposes of this section. A planned unit development shall not be established on less than four acres of contiguous land unless the Planning Commission finds that property of less than four acres is suitable as a planned unit development by virtue of its unique character, topography or landscaping features, or by virtue of its qualifying as an isolated problem area or unique opportunity as determined by the Planning Commission.
(C)
Compatibility with Neighborhood. The development plan and program submitted by the developer as provided in this chapter shall present an organized arrangement of buildings, service facilities, open spaces, and improvements such as recreation facilities, landscaping, and fencing to insure compatibility with the Comprehensive Plan and character of the neighborhood. Adequate services normally rendered by the City to its citizens must be available to the proposed development at the time of development. The City, at the time of approval of the final plan or subdivision plat within a planned unit development, may require the developer to provide special or oversize sewer lines, water lines, roads and streets or other service facilities to serve the planned unit development, and the City shall not be required at the time of such approvals to expend additional capital or operating funds to undertake additional building programs or equipment acquisitions to insure special road, sewer, lighting, water, fire or police service that may be specially required by the nature or size of the planned unit development.
(D)
Building Coverage. The building coverage for any planned unit development shall not exceed 40% of the land area being developed, exclusive of public and private streets.
(E)
Residential Density. The maximum number of dwelling units permissible in a Planned Residential Unit Development shall be derived as follows:
(F)
Peripheral Yards. Along the periphery of any planned unit development, a yard at least as deep as that required by the front yard regulations of each underlying zone shall be provided on the periphery of the planned unit development, unless the Planning Commission determines that equal protection will be accorded adjoining properties in varying the yard requirements. Open space may serve as peripheral yards and/or buffer strips to separate one planned residential district from another if the Planning Commission interprets such a dual purpose use of the land to be in compliance with this section.
(G)
Open Space. Open space within a planned unit development means the land area to be used for scenic, landscaping, or open recreational purposes within the development. Open space shall be adequate for the recreational and leisure needs and use of the occupants and users of the planned unit development. To the maximum extent possible the development plan and program shall assure that natural features of the land are preserved and landscaping is provided. In order to insure that open space will be permanent, dedication of the development right to the City of Yamhill may be required. Such instruments and documents guaranteeing the maintenance of open space must be approved as form by the City Attorney. Failure to maintain the open space or any other property set forth in the development plan and program shall empower the City of Yamhill to enter the property and bring said property up to standards set forth in the development plan and program and the City may assess the real property and improvements thereon located within the planned unit development for the cost of creating and maintaining said open and recreational lands as set forth in the development plan and program at its option.
(H)
Commercial Development in Planned Residential Developments. Commercial uses in a planned residential development may be allowed. Only those commercial uses which are designed to serve the residents of the planned residential development may be conditionally allowed subject to all requirements of the zoning and subdivision codes of the city.
(I)
Construction Standards. The provisions of the Zoning, Land Divisions, and the Building Code shall apply and control all design and construction of improvements within a planned unit development except as specifically varied by the Planning Commission in approval of the final plan and subdivision plat as provided for in this section.
(J)
Street and Utilities. All construction of streets and utilities within planned unit developments shall comply with City standards. All streets shall be deeded public rights-of-way or as approved by the Planning Commission, and the applicant shall provide to the City easements for all public utilities (sewer, water) on the subject property or as approved by the Planning Commission.
(Ord. 454 §2, 2000; Ord. 545, 7/9/2025)
§ 10.124.060 Procedure.
(A)
In General.
(1)
Any owner of real property desiring to develop a planned unit development shall submit a preliminary development plan and program to the City of Yamhill together with the preliminary filing fee. For the purpose of this chapter "owner" shall mean and include any public body, corporation or holder of a written option to purchase property. An owner of land located outside of, but contiguous to, a City boundary may submit a preliminary development plan and the Planning Commission may review it in accordance with the provisions of this Title. Such preliminary development plan and program shall consist of a preliminary plan in schematic design and a written program jointly containing the following information:
(a)
Identification and Description. Proposed name of the planned unit development, location by legal description, names and addresses of applicant and designers of the planned unit development; scale of plan (1 inch to 100 feet); date of plan and program; and north point.
(b)
Existing Conditions. Contours at an interval of one foot for ground slopes less than five percent, two-foot contour intervals for ground slopes between five percent and 10%, five-foot contour intervals for ground slopes exceeding 10%, location and direction of all watercourses; natural features, such as rock outcropping, marshes, wood areas, etc.; location and names of all existing or prior platted streets or other public ways, railroad and utility rights-of-way, parks and other public open spaces, permanent buildings and structures and their uses, permanent easements and City boundaries within 500 feet of the development; existing sewers, water mains, culverts and other underground facilities within the development, indicating pipe sizes, grades, manholes and their exact location; and the land ownership.
(B)
Proposed Development.
(2)
The preliminary written program shall contain the following information in addition to other requirements of the Planning Commission:
(a)
Proposed ownership pattern;
(b)
Operation and maintenance proposal (neighborhood easements, condominiums, co-ops, neighborhood associations, etc.);
(c)
Waste disposal facilities;
(d)
Lighting;
(e)
Water supply, public transportation, community protection, shopping;
(f)
General time table of development;
(g)
Names and addresses of the proposed design team for preparation of the final plan and program together with their qualifications.
(C)
Planning Official Review. Upon filing of the preliminary development plan and program and receipt of the initial filing fee, the Planning Official shall review the preliminary development plan and program and shall prepare for submission to the Planning Commission a staff report containing the following information in addition to such other information as is pertinent:
(1)
A map showing the existing zoning of the subject property and adjoining properties within or without;
(2)
Existing land use map of the area within 1,000 feet of the subject property;
(3)
Report comments on consistency of the proposed planned unit development with the Comprehensive General Plan, Zoning, and Land Divisions regulations of the City of Yamhill and a prospective effect of said planned unit development on land use, traffic, City services, etc.
(Ord. 454 §2, 2000; Ord. 545, 7/9/2025)
§ 10.124.070 Planning Commission Review.
Following receipt by the Planning Commission of the staff report upon the preliminary development plan and program, the Planning Commission shall hold a public hearing in accordance with the provisions of Chapter 10.128.
(Ord. 454 §2, 2000)
§ 10.124.080 Decision.
Upon review at the public hearing, or any continuance thereof, the Planning Commission may approve the principal of the preliminary plan and program, require amendment and modification thereto, or reject said planned unit development in accordance with this section.
(Ord. 454 §2, 2000)
§ 10.124.090 Appeals.
The decision of the Planning Commission regarding the preliminary plan and program may be appealed in the manner provided for in Chapter 10.128.
(Ord. 454 §2, 2000)
§ 10.124.100 Final Development Plan and Program.
(A)
Time Limit for Filing. Upon acceptance in principle by the Planning Commission or acceptance in principle with modifications required by the Planning Commission of planned unit development, the owner-applicant shall file with the Planning Commission within one year of the preliminary approval of the Planning Commission, a final development plan and program. The Planning Commission may grant an extension for filing of an additional 180 days upon request by the owner-applicant. In addition, the developer may submit such additional data as may be required by the Land Divisions Code of the City seeking contemporaneous approval of the subdivision plat within approval of the final plan and program.
(B)
Required Information. The final development plan and program shall contain the following information:
(1)
Land Use.
(a)
A land use plan indicating all proposed uses within the planned unit development;
(b)
All areas proposed to be dedicated or reserved for interior circulation, public parks, playgrounds, school sites, public buildings or otherwise dedicated or reserved to the public;
(c)
Open space that is to be maintained and controlled by the owners of the property and their successors in interest available for the recreational and leisure use of the occupants and users of the Planned Unit Development.
(3)
Circulation.
(a)
A street system and lot design with appropriate dimensions. A subdivision plat if the land is to be subdivided shall comply with this requirement and the subdivision regulations;
(b)
A traffic flow map showing, circulation patterns within and adjacent to the proposed development. Any special engineering features and traffic regulation devices needed to facilitate or insure the safety of the circulation pattern shall be shown;
(c)
Location and dimension of pedestrian walkways, malls and foot and horse trails.
(5)
Architectural Sketches. The developer shall submit preliminary architectural sketches depicting the types of buildings and their approximate location on lots. The sketches shall also depict the general height, bulk, and type of construction and proximity of structures on lots.
(6)
Landscaping. Developer shall submit a preliminary landscaping plan depicting tree plantings, ground cover, grades, slopes, screen plantings and fences, etc., and showing existing trees in excess of eight inches in diameter measured two feet from ground level and showing the location of trees to be removed by the development.
(7)
Program Elements. The written program shall contain the following elements:
(a)
Table showing the total number of acres and their distribution by use, the percentage designated for each dwelling type and for nonresidential uses, including off-street parking, streets, parks, playgrounds, schools, and open spaces as shown in the proposed development plan;
(b)
Table showing the overall density of the proposed residential development and showing density by dwelling types;
(c)
Drafts of appropriate restrictive covenants and all other documents providing for the maintenance of any public open spaces and recreational areas not dedicated to the City, including agreements by property owners associations, dedicatory deeds, or reservations of public open spaces;
(d)
A time schedule showing construction commencement, rate of development, and approximate completion date for each phase of construction and type of structure;
(e)
The stages for development of private and public facilities planned;
(f)
Written consent of all persons owning any interest in the real property within the planned unit development to the final development plan and program;
(g)
Such other information as the Planning Commission may require.
(Ord. 454 §2, 2000; Ord. 545, 7/9/2025)
§ 10.124.110 Final Development Plan-Planning Commission Action.
Upon receipt and review by the Planning Official of the final development plan and program, the Planning Commission at a public hearing shall either:
(A)
Consider the final development plan and program as being in compliance with the requirements and intent of this Title with its recommendation that the planned unit development district be established on the property in question;
(B)
Continue the public hearing to a date certain and refer the final development plan to the Planning Official with recommendations as to amending the proposed development plan and program;
(C)
Disapprove the final development plan and program as inconsistent with the approved preliminary plan and program.
(Ord. 454 §2, 2000; Ord. 545, 7/9/2025)
§ 10.124.120 Final Development Plan-Appeals.
The decision of the Planning Commission regarding the development plan may be appealed in the manner provided for in Chapter 10.64.
(Ord. 454 §2, 2000)
§ 10.124.130 Filing of Approved Final Plan and Program.
Following approval, the owner-applicant shall file with the Planning Official of the City of Yamhill and the Planning Commission of the City of Yamhill, a conformed and approved final development plan and program together with all documents approved as to form by the City Attorney relating to dedication, improvements, maintenance agreements, covenants, deed restrictions, and bylaws of neighborhood associations, cooperatives, and improvement of the district.
(Ord. 454 §2, 2000; Ord. 545, 7/9/2025)
§ 10.124.140 Control of the Development after Completion.
The final development plan shall continue to control the planned unit development after it is finished and the following shall apply:
(A)
The Building Official in issuing a certification of completion of the planned unit development shall note the issuance on the recorded final development plan.
(B)
After the certificate of completion has been issued, the use of the land and the construction, modification or alteration of a building or structure within the planned unit development shall be governed by the approved final development plan.
(C)
After the certificate of completion has been issued, no change shall be made in development contrary to the approved final development plan without approval of an amendment to the plan except as follows:
(1)
Minor modifications of existing buildings or structures may be authorized by the Planning Commission if they are consistent with the purposes and intent of the final plan and do not increase the cubic footage of a building or structure;
(2)
A building or structure that is totally or substantially destroyed may be reconstructed without approval of an amended planned unit development, if it is in compliance with the purpose and intent of the final development plan.
(D)
An amendment to a completed planned unit development may be approved if it is required for the continued success of the planned unit development, if it is appropriate because of changes in conditions that have occurred since the final development plan was approved or because there have been changes in the development policy of the community as reflected by the Comprehensive Plan or related land use regulations.
(E)
No modification or amendment to a completed planned unit development is to be considered as a waiver of the covenants limiting the use of the land, building, structures and improvements within the area of the planned unit development, and all rights to enforce these covenants against any change permitted by this chapter are expressly reserved.
(Ord. 454 §2, 2000)