Chapter 19.17 OVERLAY DISTRICTS

Applicability. This Chapter shall apply when all or a portion of a development, or modification thereto, is proposed within the boundaries of an overlay district and when changes to the area of an overlay district is proposed.

Special Development Standards for the Overlay Districts. This Chapter specifies certain standards that under special circumstances may apply to, or be required for approval of, a proposed development or modifications to development. The adopted plans, programs and regulations listed below shall be implemented, as applicable, for a use proposed within the indicated overlay district.

OVERLAY DISTRICT	PLANS, PROGRAMS, REGULATIONS
Airport Safety Overlay	Yakima Air Terminal at McAllister Field Master Plan and comprehensive plans.
Master Planned Development Overlay	The particular Master Development Plan adopted when the MPDO was established, or as subsequently amended.
Greenway Overlay	Yakima Greenway Foundation Master Plan Update 1995, or subsequent revisions, as adopted by the Board of Yakima County Commissioners.

Project Review in Greenway and Master Planned Development Overlay Districts. To assure the appropriate standards are applied, the following uses, when located within the Greenway Overlay District or the Master Planned Development Overlay District, unless otherwise specified, shall be reviewed as provided below. Provided that uses within the Master Planned Development Overlay District that are approved in a Master Development Plan shall be reviewed subject to Type 1 review.

All Type 1 (permitted) uses shall be subject to Type 2 review.

All Type 2 (administrative) uses shall be subject to Type 2 review.

§ 19.17.030 Airport Safety Overlay District (ASO).

All Type 3 (conditional) uses shall be subject to Type 3 review.

(4)

Decision Authority. A Reviewing Official may approve, condition, or deny approval of any use, development, or modification thereto, in an overlay based on the provisions set forth and adopted by this Chapter.

(Ord. 7-2013 § 1 (Exh. A) (part), 2015)

Legislative Intent. The Airport Safety Overlay is intended to protect the airspace around State and Federal system airports from airspace obstructions or hazards and incompatible land uses in proximity to The Yakima Air Terminal at McAllister Field and the Sunnyside Municipal Airport or other public airports within defined airspace per Federal Aviation Regulations (FAR), Part 77. In addition to regulations of the principal use district, the Airport Safety Overlay includes provisions for:

Preserving land adjacent to the airport for future commercial and industrial development; and

Assuring land uses locating near the airport are compatible with noise, height obstruction and other impacts from the airport operation.

Application of Airport Safety Overlay Provisions.

Applicability. All zoning districts regulated under this Title lying within the Airport Safety Overlay are subject to the requirements of this overlay, except as may be otherwise stated.

Definition. The Airport Safety Overlay contains those spaces lying over and under the areas defined by Federal Aviation Regulations (FAR), Part 77 as imaginary surfaces and the Runway Protection Zone(s) as illustrated on the Airport Layout Plan (ALP) and zoning map, and comprised of two parts.

Primary Airport Safety Overlay.

The primary Airport Safety Overlay area addresses land use compatibility with airport operations and structure height. Located in an area bounded by the limits of the runway protection zone and the Federal Aviation Administration (FAA) defined approach and transitional surfaces within the conical surface area; and

Secondary Airport Safety Overlay.

The secondary Airport Safety Overlay principally addresses structure height, particularly where a structure may constitute an incompatible land use under this Title. It is bounded by the exterior of the conical surface and the approach, and transitional approach surfaces extending beyond the conical surface.

Permitted Uses.

Height Limit. The uses listed in the Allowable Land Use Table 19.14-1 in Chapter 19.14 as Permitted Uses shall be subject to the height restrictions in Subsection 19.17.030(6) or Chapters 19.11 through 19.13, whichever is more restrictive. No separate application for a Permitted Use in the Airport Safety Overlay is required, provided the Reviewing Official can determine that the proposed structure or use:

Does not constitute a potentially incompatible land use;

Will not exceed 35 feet in height; or, if greater than 35 feet in height, will not penetrate the approach, transitional, horizontal, or conical surface zones of the airport for any existing or planned approaches as defined by FAR, Part 77; and

Is not within a designated runway protection area or an identified future 65 Day Night Average Sound Level (DNL) aircraft noise impacted area within the airport master plan or the FAA approved airport layout plan. Such structures and uses shall be subject to the limitation of Subsection 19.17.030(6) and to recording an avigation easement.

Potentially Incompatible Land Uses. Type 1 Permitted Uses shall be subject to Type 2 application and review procedures under Subsection 19.17.030(5) Application Requirements where the use is a potentially incompatible land use, as defined in Section 19.01.070, or where the Reviewing Official cannot make a determination as required in Subsection 19.17.030(3)(a) above.

(4)

Administrative and Conditional Uses.

The Administrative and Conditional Uses are subject to:

The height restrictions in Subsection 19.17.030(6) and in Chapters 19.11 through 19.13, whichever are the more restrictive;

The provision of Chapters 19.11 through 19.13 and any other review criteria for the use required by the underlying zoning district; and

A determination that the use is not incompatible with the airport or can be appropriately conditioned to mitigate airport safety concerns such as noise impacts.

Where an airspace hazard has been determined to exist by the Reviewing Official, the FAA determination on obstructions and hazards to air navigation shall be balanced with special consideration for unique characteristics of local terrain, reporting points for pilots using Visual Flight Rules (VFR), airport operations, and development patterns.

(5)

Application Requirements.

Applications for uses within the Airport Safety Overlay established by this Chapter, when required, shall include the following information:

Property boundary lines as they relate to the boundaries of the primary and secondary Airport Safety Overlay;

Location, elevation and height of all existing and proposed buildings, structures, utility lines, and trees taller than 35 feet in height;

A description of the proposed use; and

A statement of compatibility from the airport manager when the use is located within the Airport Safety Overlay relative to the impact of the use on airport operations and safety.

In consideration of an application for a building, structure, or other use that will exceed 35 feet in height, the Reviewing Official may require the applicant to submit either of the following:

A certificate from a registered professional engineer or a licensed land surveyor that states that no airspace obstruction will result from the proposed use, or

Either or both of the following:

The maximum elevations of proposed structures based on the established airport elevation and U.S. Geological Survey (USGS) datum. Elevations shall be determined by a registered professional engineer or a licensed land surveyor, accurate to plus or minus one foot shown as mean sea level elevation or other available survey data. The accuracy of all elevations shall be certified by the engineer and surveyor; and/or

A map of topographic contours with not more than five foot intervals, showing all land within 100 feet of the proposed structure(s) for which the permit is being sought. This map shall also bear the verification of a licensed land surveyor or registered professional engineer.

(6)

Height Limitations and Additional Requirements.

A building, structure, communication tower, use or tree that penetrates the FAA designated imaginary surfaces constitutes an obstruction within the Airport Safety Overlay. Therefore, the allowable height of any building, structure, communication tower, use or tree with the Airport Safety Overlay shall conform to the following:

No building, structure, communication tower, use or tree at its proposed location shall penetrate any FAR; Part 77 designated imaginary surfaces of an airport;

Structures may penetrate the imaginary surfaces when the Reviewing Official, in consultation with Washington State Department of Transportation (WSDOT) Aviation Division or the airport manager, can determine the structure is not likely to constitute an airspace hazard;

The Reviewing Official may require lights or markers as a warning to aircraft on the building, structure, communication tower, use or tree(s), or to top the tree to reduce the height when recommended by the FAA, WSDOT Aviation Division or the airport manager. Lights and markers shall meet FAA specifications; and

Notwithstanding any other provision of this Title, the Reviewing Official shall not approve any buildings, structures, communication tower, use or tree when the FAA has designated it a hazard to air navigation.

Whenever the height limitation of this Section differs from those of any other Section of this Title, or is adopted by another local ordinance or regulation, the more restrictive limitation shall apply.

No use or activity shall take place within the Airport Safety Overlay in such a manner as to: make it difficult for pilots to distinguish between airport lights and others; create electrical interference with navigational signals or radio communication between the airport and aircraft; result in glare in the eyes of pilots using the airport; impair visibility in the vicinity of the airport; create bird-strike hazards; or otherwise create a hazard that may endanger the landing, takeoff, or maneuvering of aircraft to use the airport.

§ 19.17.040 Master Planned Development Overlay District (MPDO).

The regulations prescribed by this Chapter shall not be construed to require a property owner to remove, lower, or make changes or alterations to any structure that legally existed prior to the effective date of this Chapter, except as compelled by state or federal regulation. However, such structures shall be considered nonconforming if such structure is in conflict with these regulations.

(e)

An avigation easement and deed declaration that recognizes the preexistence of the airport and the right of over flight shall be recorded for all uses within the approach and transitional surfaces of the conical surface area.

(7)

New Airports, Heliports and Landing Fields. Section 19.18.040 contains special provisions for new airports, heliports and landing fields.

(Ord. 7-2013 § 1 (Exh. A) (part), 2015)

Legislative Intent. The Master Planned Development Overlay is intended to allow larger scale, mixed-use developments in selected areas within Urban Growth Areas where certain development requirements may be modified to promote an integrated approach to planning and site design. The County finds that such developments require special review and conditioning to ensure adjacent areas are preserved and protected. An MPDO is specifically intended to accomplish the following:

Regulatory Flexibility and Incentives. A Master Planned Development Overlay 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:

Allow flexibility in development standards, densities and permitted uses while ensuring compatibility with neighboring uses. Facilitate the efficient use of land and provide for a comprehensive review of integrated development projects;

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

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;

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

(v)

Promote economic development;

(vi)

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

(vii)

Promote consistency with the goals, policies and objectives of the Comprehensive Plans.

Accommodate Large Developments. 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 Plan Development 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.

Innovation. 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. The intent of the MPDO is to permit development that typically cannot be accomplished through another land use approval, such as a subdivision.

Zoning District Reversion. A MPDO, approved in accordance with the procedures of this chapter, shall be considered a zoning district overlay. MPDOs may specifically permit proposed uses and developments which can be shown to be in conformance with the policies of the comprehensive plan and the uses allowed in the base zone. Approval of a MPDO may modify and supersede regulations of the underlying zoning district. If an approved MPDO ceases to exist for whatever reason, the area covered by such MPDO shall revert to its previous zoning district classification without the MPDO overlay.

Types of Master Planned Development Overlays – Permitted Uses.

Types. The following four types of Master Planned Development Overlays are authorized within the Urban Growth Area:

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, Single Family Residential, Two Family Residential and Multi-Family Residential) and Professional Business (B-1) and Local Business (B-2) zones. The residential Master Planned Development may include incidental or supporting uses and facilities consistent with the densities and primary use of the site for residential dwelling units;

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 provide 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, GC), and Light Industrial (M-1) district as identified in Chapter 19.13;

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 Chapter 19.13; and

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 with other uses as designated in the Allowable Land Use Table 19.14-1 in Chapter 19.14; and

A mixed use Master Planned Development is intended to accommodate larger scale residential, commercial, retail, office and/or recreational uses. 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 Heavy Industrial (M-2).

Master Planned Developments – Permitted Uses. The following uses are permitted in Master Planned Developments upon approval of a Master Development Plan:

Residential Master Planned Developments.

One-family, two-family and multifamily residences;

Recreational and amusement facilities that serve the Master Planned Development and general public including, but not limited to, golf courses, clubhouses, restaurants, 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 park and subdivision, provided that Sections 19.18.280 and 19.34.080 shall be met as a condition of approval of the Master Planned Development; and

(F)

Any other uses authorized in the underlying zone are under Type 1, 2 or 3 Review and are in this Title.

Commercial and Industrial Master Planned Developments.

Uses are permitted under those uses allowed within the underlying zoning district as identified in Chapters 19.11 through 19.13; and

Such other uses consistent with the Comprehensive Plans and Future Land Use Map or are of a similar type and intensity as those uses allowed in the Allowable Land Use Table 19.14-1 in Chapter 19.14.

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. Uses may include a combination of residential, commercial, retail, service and recreational uses developed in an innovative manner. This overlay is intended to provide flexibility in design, concept and usage in order to respond to and meet the needs of the community and marketplace.

Additional Uses Allowed in Residential and Commercial MPDOs. Unless otherwise restricted by this Title, 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 consider the following factors:

Factors to Consider in Residential MPDOs.

Any non-residential uses proposed in a Master Planned Development – Residential shall be primarily designed and intended for the residents within the proposed development and planned as an integral part of such Master Planned Development; and

Non-residential uses within a Master Planned Development – Residential are limited to those uses allowed as Permitted or Administrative uses in Professional Business (B-1) and Local Business (B-2), as listed in the Allowable Land Use Table 19.14-1 in Chapter 19.14 of this Title. Such non-residential uses will be limited to only ten percent of the land in the Master Planned Development, except recreational facilities or as otherwise provided in this Title. No commercial or other intensive non-residential use may be closer to the boundary of any adjacent residential district than is permitted for the same use by the underlying zoning.

Factors to Consider in Commercial MPDOs. Residential uses within a Master Planned Development – Commercial or Industrial shall be secondary to the primary commercial and industrial use as designed to be consistent with integrated site planning.

Minimum Project Size. The minimum project size for a Master Planned Development shall be five acres. All properties in the Master Development Plan shall be contiguous, with logical outer boundaries.

(4)

Project Densities. Approval of a density (higher or lower) for an MPDO that differs from that specified for the underlying zoning in this Title is allowed if the design of the MPDO will offer public benefits not otherwise achievable under the current zoning standards, and if it is demonstrated that the MPDO with an adjusted density will not result in inconvenience or unsafe access to the MPDO, traffic congestion in the private or public streets which adjoin the MPDO or excessive burden on parks, recreation areas, schools and other public facilities which serve or are proposed to serve the MPDO. Adjustments to density (higher or lower) can only be approved if an area-wide public water and regional public sewer are available to the site. Densities of the underlying zoning district will apply if they aren't adjusted through the Master Development Plan.

(5)

Public Benefit Demonstration.

Common open space requirements. In residential MPDOs there shall be a minimum of ten (10) percent of the total area of the MPDO dedicated or reserved as usable common open space land consisting of land that is not otherwise protected from development such as critical areas. Common open space in a MPDO shall meet the following requirements:

The location, shape, size and character of the open space must be suitable for the MPDO and consistent with the purposes of this chapter as set forth in Section 19.17.040(1);

Common open space must be used for amenity or recreational purposes. The uses authorized for the common open space must be appropriate to the scale and character of the MPDO, considering its size, density, expected population, topography and number and type of dwelling units to be provided;

Common open space must be suitably improved for its intended use, but common open space containing natural features may be left unimproved. The buildings, structures and improvements are permitted in the common open space as long as they conserve and enhance the amenities of the common open space in regard to its topography and unimproved conditions. No dwelling units, as defined in 19.01.070(4), shall be allowed in the required open space.

The development time table, which is part of the final development plan, must coordinate improvement of common open space, construction of buildings, structures and improvements in the common open space and the construction of residential dwellings in the MPDO.

The development shall demonstrate that it will meet a community need or provide improvements or project features that exceed the requirements of the other chapters of this title, the other titles of the county code, and the county design and construction standards. A development shall provide demonstrable public benefits, including at least two of the following:

Project includes senior or special needs housing, of at least 20 percent of total units, guaranteed to be dedicated to such use for a period of not less than 50 years through a deed restriction or other form acceptable to Yakima County.

Project provides two or more housing types that create greater housing variety and affordability that are not found or rare in the community.

Project involves the voluntary undergrounding of existing above ground utilities where such undergrounding would not otherwise be required.

The project creates a park or trail system improvement not otherwise required by county development regulations that is consistent with the goals and objectives of an adopted Yakima County Trails Plan, Yakima Greenway plan, or any other applicable plans.

The project design demonstrates a superior level of protection and/or enhancement for elements of the environment, including: air quality, water quality, natural topography, native vegetation, etc. For purposes of this category, superior level of protection and/or enhancement includes incorporation of additional protections and/or restoration projects that enhance protection of or restore critical functions and values of the environmental element.

Project design includes nonmotorized transportation features and amenities not otherwise required by the county code.

Project improves the public street(s) adjacent to the project site using a complete streets design to provide accommodation for pedestrians, bicyclists, transit riders, and person of all abilities, where such improvements are not otherwise required by county development regulations.

The development provides public art and cultural amenities that reinforces the community's identity and character, and has a long-term maintenance plan and agreement acceptable to the County.

Project demonstrates a high degree of innovation by providing one or more design features not listed elsewhere in this rating instrument or otherwise required by county development regulations that promote(s) sustainability, energy/water conservation or efficiency, community cohesion, neighborhood safety, adaptive reuse of existing development, or enhanced transportation circulation/mobility.

(6)

Application. Applications for Master Planned Development Overlay – The Master Planned Development Overlay zone shall be established only with a Master Development Plan that 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.) as provided in Chapter 19.30.060(12). 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 the property within the master plan and all owners shall be bound by conditions of approval, including use, design and layout and development standards established through the hearing process. All properties in the master concept plan shall be contiguous with logical outer boundaries within in the Urban Growth Area (UGA).

(7)

Review Process.

Pre-Application Conference. A Master Planned Development site plan shall be subject to a pre-application 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 Subsection 19.30.060(12)(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.

Application. The Master Planned Development Overlay application shall be reviewed using the minor rezone procedures described in Section 19.36.030 (Minor Rezone – Map Amendment), except the criteria of Subsection 19.17.040(7)(d) shall be used instead of the minor rezone decision criteria of 19.36.030(5). The binding site plan process is not available for MPDO applications. 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 this Title and YCC Title 16B.

Public Hearing and Recommendation. A Master Plan Development application shall be reviewed in an open record public hearing before the Hearing Examiner. Hearings shall be as prescribed in YCC Title 16B. The Hearing Examiner shall apply the Master Plan Development review criteria set forth herein and issue a written recommendation to the Board 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 include findings, conclusions and conditions based on evidence and testimony in the open record public hearing.

Master Plan 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:

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

The applicant has identified development standards and uses that are consistent with the master plan and designed to be 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 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;

Consideration shall be given to "low impact development" concepts;

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

(v)

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, site screening, buffers and other design features or techniques;

(vi)

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

(vii)

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;

(viii)

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

(ix)

The public benefits of approving the Master Planned Development outweigh the effect of modification of standards to the underlying zoning district; and

(x)

The proposed development is designed to be consistent with the Shoreline Master Program and Critical Areas Ordinance.

(e)

Board of Yakima County Commissioners. Following receipt of the Hearing Examiner's recommendation, the Board shall schedule a closed record hearing for consideration of the Hearing Examiner's recommendation on the Master Planned Development Overlay application as provided in this Title and YCC Title 16B.09.

(f)

Appeals. See YCC § 16B.09.060 for judicial appeals.

(g)

Phased Development. The Master Planned Development Overlay application may include two or more phases of development provided that:

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

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

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

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.

(h)

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 deemed reasonable and necessary to accomplish the goals of the Master Planned Development for the duration specified in the agreement, not to exceed ten years. This agreement shall be binding on all property owners within the Master Planned Development and their successors and shall require 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 majority of the Board and all property owners and lien holders within the boundaries of the Master Planned Development Overlay and recorded prior to approval and/or issue of any implementing plats or permits.

Implementing Permits and Approvals.

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. Any subsequent application shall be reviewed and approved under the conditions and standards adopted in the Master Planned Development Overlay.

Planned Action – Environmental Review. An applicant may submit a Master Planned Development concept plan as a planned action under WAC 197-11-164. Any project review under the authorized planned action shall include:

Verification that the project meets the description, and will implement any conditions or mitigation measures identified in the Master Planned Development approval and ordinance or resolution; and

§ 19.17.050 Greenway Overlay District (GO).

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

If 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 County may place conditions on the project 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.

(8)

Modification of an Approved Mater Planned Development Overlay. Proposed modifications to an existing Master Planned Development Overlay shall adhere to 19.35.055.

(Ord. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 9-2019 (Exh. 4) (part), 2019)

Legislative Intent. The Board of Yakima County Commissioners adopted the Master Plan for the Yakima River Regional Greenway in 1976 to preserve and maintain the Yakima River as a natural resource for all citizens to enjoy. The Greenway boundaries were originally defined in 1977 by the state legislature with the creation of the Washington State Yakima River Conservation Area (RCW 79A.05.750 et seq.).

The Greenway corridor is classified by the Greenway Master Plan into natural, conservation and recreation areas. Each Greenway corridor area may contain various facilities developed by the Greenway Foundation, such as pathways, recreational sites, boat landings, park, playgrounds, campgrounds and group camps. Many of the Greenway facilities, such as trails, have been constructed on the top of existing dikes and levees. The Greenway provides access for levee maintenance and repair and to be responsible for damage to trails caused by flooding.

In addition to the principal use district, the purpose of the Greenway Overlay is to:

Make the Greenway accessible to the public;

Assure development conserves shoreline vegetation and controls erosion;

Implement the Yakima County Regional Shoreline Management Master Program and the Yakima River Regional Greenway Plan;

Limit development to activities dependent on a location in the Greenway;

(e)

Preserve and protect the fragile natural resources and culturally significant features along the Greenway;

(f)

Increase public access to publicly-owned areas of the Greenway where increased use is desirable;

(g)

Protect public and private properties from the adverse effects of improper development in hazardous shoreline areas; and

(h)

Give preferences to uses creating long-term over short-term benefits.

Applicability. The Greenway Overlay District is designated by legislative action by the Board of County Commissioners and applies as an additional set of considerations in review of project permit applications under this Title. Changes to the boundaries of this district will be considered at the request of the Yakima Greenway Foundation.