HomeMy WebLinkAbout12-10-14 YPC Packet: MM'U "'«J1 "1'1 EVEL1 OPME''P 1"1111 ['Ai~ 7" N7" REC'0RL)/F1LE
Joan Davenport, A 101, Director
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City of Yakima Planning Commission
STUDY SESSION
City Hall Council Chambers
Wednesday December 10, 2014
3:30 p.m. - 5:00 p.m.
YPC Members:
Chairman Dave Fonfara, Vice -Chair Scott Clark, Al Rose,
Paul Stelzer, Bill Cook, Patricia Byers, Ron Anderson
City Planning Staff:
Joan Davenport (Community Development Director/Planning Manager); Jeff Peters (Supervising
Planner); Valerie Smith (Senior Planner); Robbie Aaron and Trevor Martin (Assistant Planners); and
Rosalinda Ibarra (Administrative Assistant)
Agenda
Call to Order
II. Roll Call
III. Staff Announcements
IV. Audience Participation
V. Follow-up to the Sign Survey Final Results and Continued Discussion on Amendments
to the Sign Code YMC 15.08 - latest revisions as of 11/19114
(Additional information to be provided at meeting)
VI. Report Council's Direction on Moratorium for Missions in the SCC Zone
(Additional information to be provided at meeting)
VII. Airport Overlay Master Plan
(Additional information to be provided at meeting)
VIII. Other Business
IX. Adjourn
Next Meeting. January 14, 2014
OR THE
�!Jk^SIN SHEET
City of Yakima Planning Commission
City Hall Council Chambers
Wednesday December 10, 2014
Beginning at 3:30 p.m.
Meeting
PLEASE WRITE LEGIBLY
Page 1 12/10/14 YPC Meeting
Memorandum of Transmittal
To: Yakima Planning Commission
From: Yakima City Council, Mayor of Yakima
Tony O'Rourke. City Manager
Joan Davenport, Director of Community Development
Date: September 9, 2014
Subject: Request for Sign Code Amendment Consideration
1,111D [�t T ITE
RECORD/ FILE
Summary of RNuest
The Yakima City Council has identified four key areas of the Sign Code (YMC 15,08) for which they
are requesting that the City Planning Commission commence the amendment process:
Possible removal of Temporary and Window signs from the broad list of items included in the
"Exempt Sign" provisions; Otherwise, the Council thought that the Exempt Sign pl-ovisions
were appropriate. Possible review of list ofotherExempt: sighs to see if they may need to be
addressed.
Council Comments: Re -name "Exempt" sign section.
2. Amend the requirements for Temporary signs to establish a size limit for temporary signs (32
sq. ft. was suggested).
Coun,�il Comment., Some concern that we may be over -regulating this area. However. there is
interest in further definition of the Temporary signs, such as material update (painted signs
was used as example).
3. Amend the requirements for Window Signs to limit the amount of the window that may be
covered by a sign (25% was suggested);
Council _Comment: The Council is not decided on the percentage or method at this point
4. Add a definition and standards for Display Case Signs, such as those used in a movie theater
Council Comment:. No specific additional direction on this issue
Background
The City Council Built Environment COITInliftee net on August 21,, 2014 to discuss the above
mentioned sign code amendments, this HSI was developed as a result of discussion at previous City
Council sessions. At the August 5, 2014 City Council meeting the report on potential sign code
revisions was discussed with direction to fbrward the Policy items to the Built Environment for review
and comment. The Council discussion focused on the items listed below, which reflect the Council
direction and are a modification of the previous suggestions:
Council Action:
Forward these amendments to the Planning Commission for consideration in the 2014 Code update
cycle.
'1�1YII III 1 1 E
memorandum Of Transmittal R ]F CIO R1) / FILE
2nd Sign Enforcement Emphasis
September 19, 2014
A staff meeting with Planning and Code Enforcement was held on September 15, 2014 to establish
the guidelines for the 2nd round of sign code enforcement emphasis sweep, This emphasis effort
implements a City Council priority related to improving the built environment of the city including
the appearance of the community, reduction of visual clutter and driver distractions. The purpose
of this memo is to provide guidelines for consistent enforcement. Provisions of the existing sign
code are currently under consideration by the City Planning Commission for ordinance
modification. Therefore, these guidelines are considered interim in nature.
Meeting attendees: Joe, Glenn, Ben, Linda, Jodi, Kelli, Tammy, Valerie, Robbie, Mike M., Joan
Guidelines for this enforcement effort:
1. Enforce the sign code as adopted in YMC 15.08
2. Focus effort on elimination of illegal temporary free-standing signs along the street right of
way; All commercial areas will be reviewed, not limited to the first eleven corridors.
3. Signs mounted to fences are not exempt signs and will be treated as a free-standing
temporary sign;
4. Each parcel is allowed one temporary sign per street frontage. The signs must be displayed
on the individual street frontage and may not be grouped on a single street frontage;.
5. Roof signs are not exempt: signs. A permanent roof sign must conform to YMC 15.08.090
and requires a permit, A temporary roof sign is generally not allowed.
. Wall signs are NOT exempt signs but subject to the requirements of YMC 15.08.100.
The number of permanent wall signs is not regulated. All permanent wall signs
require a permit.
If a temporary sign is placed on the wall, it is subject to the requirements of all other
temporary signs, as specified in YMC 15.08.110 which states ONE per street
frontage; maximum length of display 30 days at a time; etc
Display cases (like at movie theaters) are considered wall signs. The display case
needs a permit, but replacement of the poster does not require a permit.
A wall sign may be painted directly onto the building. Painted signs on the wall do
not require a permit.
7. Window Signs are exempt from permits and fees. Although they are defined, the Code has
no other standards or requirements for the number or size of window signs. If a window
sign is dilapidated or creates a safety hazard, such as obstructing a door, the sign could be
modified or removed.
8. Free-standing temporary signs or sandwich boards may not be in the street right of way
unless they have a permit.
9. Signs attached to fences are NOT wall signs. They are generally temporary signs and
subject to the limitations of one per street frontage.
FO tl0.HE
Yakima Municipal Code
Chapter 15 08 SIGNS
Chapter 15.08
[
Sections:
15 08,010 Purpose,
15.08.020 Definitions
15.08,030 Development permit required,
15,0&040 trroarapf L14 iuu-r f uo9 rl u�, igns.
N s tY;i fl�`" �44 �;�,a A1rl�tl �1i17i.
15.08.050 Prohibited signs,
15.08,055 Sign maintenance.
15.08.060 Sign standards,
15.08,070 General provisions.
15,08,080 Projection over right-of-way.
15.08.090 Roof signs,
15.08 100 Wall signs.
I v dDl¢,iT'i..l,lu bst..lrtq.l:ug"a...
15,08.110 Temporary signs,
15,08.120 Directional signs,
15.08.130 Off -premises signs and billboards.
15.08,140 MultipIc-building complexes and multiple -tenant buildings,
15.08.150 Fraacway^ signs.
15 08,160 Legal nonconforming signs,
15.08.170 Administrative adjustment of sign standards allowed.
15.08,180 Variances,
15,08,190 Violations.
Page 1/16
15.08.010 Purpose.
"l`he purposc of this chapter is to accommodate and promolc sign placement consistent with the Character and intent
of the sonnng dtstricl, proper sign aattamtcnancc„ 04nination of visual clutaev and creative and innovative sign
design TO accomplish this pin pose, the posting" displaying. creating, use, and maintc nance of signs within the urban
area shah occur in aceordancc swdh this chapnet. (Ord 2008-46 § I (pill), 2008x, Ord 2947 as I (pard, $986)
15.08.020 Definitions.
For the purpose of this chapter, certain abbreviations, terms, phrases, words and derivatives shall be construed as
specified herein.
"Abandoned sign" means any sign located on property that is vacant and unoccupied for period of six months or
ntorc, or any sign which pertains to any occupant, business or event unrelated to the pres'canl occupwil or use.
"Banner" means any sign of hghtsvcight fabric or similar material that is mounted to a pole or building at one or
rnore edgcs National flags, state and local drags or any offin„441 flag at an institution or business will not be
consid'ewd banners.
"Canopy sign" nnctaaxs any sdgn that is part ofor attached to an awning, canopy or other fabric, plastic or structural
prntcctive cover over a door, e.nlrance, window or outdoor service area
"Changing message center sign" means an electronically controlled sign where dill& :nt automatic changing
messages are shown on the lamp bank. This definition includes time and temperature displays,
"Construction sign" ntcans any sign used to identify the arelutecis, engineers, contractors or other individuals or
dims involved with the construction of a building and to show the design of the building or the purpose for which
the bulking is intended.
Directional Sign, See "off -premises directional sign' and "on -premises directional sign."
Sign Ord 11/19/14 Draft
Yakima Municipal Code
Chapter 15,08 SIGNS
Page 2/16
"Electrical sign" means a sign or sign structure in which electrical wiring, connections, and/or fixtures are used as
part of the sign proper.
"Fascia Board" means:
1. A board used orlthe outside vertical face of a cornice
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3 A board nailed across the ends of the rafters at the eaves,
4 I°he c�g hcwri pf a bn&e,
5 A (9gt tr rtrl4r fpa 9aaoa AL surfucc,_ ,� Mmi9tiorn�,
Front Yiew
"Fascia sign" means a sign which is attached to the fascia board of an existing building's roof structure where the
sign projects less than one foot from the fascia or parapet of the building including parapet which it is affixed,
painted or attached, running parallel for its whole length to the face or wall of the building, and which does not
extend beyond the horizontal width ofsuch building, ltaw sa,iraare i; wlatt°°;v6raala rrwa3-irwaar bflrswazoamwuttg a
ti}pa lwtrigdting d:lrltzl;lr�yil.k., 1_?lllt,i)tbpttfiYcll @'auaptmavl4lu,ghgh iAacian.4illa_tl,1ktilry,:
" nit w9l:Nlt dlc, z t-4;,1 x P.trF.iltntfi
AN1�pr.kka Row aeard overallrtri
"Flashing sign" means an electric signora portion thereof (except changing message centers) which changes light
intensity in a sudden transitory burst, or which switches on and off in a constant pattern in which more than one-
third ofthe non -constant light source is off at any one time,
"Freestanding sign" means any sign supported by one or more uprights, poles or braces in or upon the ground,
Sign the 11/19/14 Draft
Yakima Municipal Code Page 3/16
Chapter 15,08 SIGNS
"Freeway sign" means a freestanding sign designed and placed to attract the attention of freeway traffic
"Grand opening sign" means temporary signs, posters, banners, strings of lights, claustcsrs of flags, balloons and
searchlights used to announce the opening of a completely new enterprise or the aopeniaag of an enterprise under new
management,
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"Maalt'ipic-building complex" is a group of struciums housing two or more retail, offices, or commercial uses sharing
the carne lot, access and/or parking fiaciltues„ or c coordinated site plan. For purposes of this section, each multiple -
building, complex shall be con,4dercrd as single ruse,
"Multiple-temrotbuilding" is a sin& structure housing two or more retail, office, or commercial uses sharing the
same let, access and/or parking, faaeufdtiers, or a coordinated site plan, For purposes ofthis section„ each multiple -
building complex shall be, considered a single use. (Svc YMC 15 08.140.)
"Off -premises directional sign” means an off -premises sign with directions to a particular business
"Off -premises sign" means a sign advertising or promoting merchandise, service, goods, or entertainment sold,
produced, manufactured or furnished at it place other than on the property where the sign is located',.
"On -premises directional sign" means a sign directing pedestrian or vehicular traffic to parking, entrances, exits,
service areas, or other on-site locations.
"On-preamscs sign" means a stgn incidental to a lawful use ofthe premises on which it is located, advertising the
buwtncii irnnsaciead, services tendered, goods sold or products produced on the premises or the name ofthe business
or name ofthe person, firm or erauporalion occupying the p rciniscs.
"Political sign" means a sign advertising a candidate or candidates for public elective offices, or a political party, or
a sign urging a particular vote on a public issue decided by ballot.
"Portable sign" means a wini?aomy-;sign made of wood, metal, plastic, or other durable material that is not attached
No the guound or a structure, Ihis definition tncludcs sandwich brards,and portable roadcrboards inR o -wrc ,
aa,uaaproaraary sopa {y^rfplared on private property. Signs placed on public or street rr,ghi-ofwgy, including public,
sidewalks„ require review under YMC 8' 20.055,.
"Projecting sign" means a sign, other than a wall sign, that is attached to and projects from a structure or building
face.
"Real estate sign" means any sign pertaining to the sale, lease or rental of land or buildings,
"Roof sign"° rncan,s any sign Crecied or constructed as an imc;gral pwitrp,rrr ps Lssentiaill'y aosgtam �pnrt of'a normal roof
siructurc,oltanylmlaaja9rrutecBcsxgn swPb pgaalyvy i5;,11r? t�wa fzt t aafrvlrt�Ji idAajgw* rflyawva thaw:d?«g .19ttk.'lpuav}sar;Ntup .f..
tdawcfNgf,, aprpdav htr,t rs w; ;tau�lw,aar ro,urpA41)y spuppaaapad A y w4 a ;iytar1gluruSea YMC 15 08,090
"Sign" means any medium, including its structural component parts, used or intended to attract attention to the
subject matter that identifies, advertises, and/or promotes an activity, product, service, place, business, or any other
thing.
"Sign area" means that area contained within a single continuous perimeter enclosing the entire sign cabinet, but
excluding any support or framing structure that does not convey a message.
Sign Ord, 11/19/14 Draft
Yakima Municipal Code
Chapter 15,08 SIGNS
mom
"Sign cabineC' means the module or background containing the advertising message but excluding sign supports,
architectural framing, or other decorative features which contain no written or advertising copy
"Sign height' means the vertical distance measured from the grade below the sign or upper surface of the nearest
street curb, whichever permits the greatest height, to the highest point of the sign,
Ir
ZM.2
"Sign setback" means the horizontal distance from the property line to the nearest edge of the sign cabinet,
"Street frontage" means the length in feet of a property line(s) or lot line(s) bordering a public street, For comer lots,
each street -side property line shall be a separate street frontage The frontage for a single use or development on two
or more lots shall be the sum ofthe individual lot frontages
WiT=
"Temporary sign" means any sign, banner, pennant, valance, or advertising display constructed of cloth, paper,
canvas, cardboard, or other light nondurable materials aod, po+04t, Types of
displays included in this category are: grand opening, special sales, special event, and garage sale signs,
"Use identification sign" means a sign used to identify and/or contain information pertaining to a school, church,
residential development, or a legal business other than a home occupation in a residential district
"Wall sign" means any on -premises sign attached to or painted directly on, or erected against and parallel to, the
wall of a building. See YMC 15 08,100,
Sign Ord 11/19/14 Draft
Yakima Municipal Code
Chapter 15.08 SIGNS
Page 5/16
"Window srga" mc;ans any sign, pictures, symbol! or aornbu dation thereof, deaagned to communicate infiarmattoa'r
abOUl'an actavilgv, busiri s�, conlirodity, event„ sale or service placed inside a window or upon the window, panes or
glass and visible from the exterior of the window, %uidoww_ as„n4 shaalt 11w, be, anck&d In e1elen nn unnmi, n cn ,-g w"wA,"a
glgiljra't.^ (Ord. 2010-34 § 4, 2010: Ord ,7110 -46 § I (part), 2008 Orr1, 93-81 § 32, 1991 Ord 3106 § t6, 1988:
Ord, 2947 § I (part), 1986;).
15.08.030 Development permit required.
No sign governed by this title shall be erected, structurally altered or relocated after the adoption without first
receiving a development permit from the building official.
1. For New Uses. All on -premises signs'meeling the standards ofthas chapter are considered Class (1) uses
acquiring Type (1) review, On -premises signs not meeting the slanrdords shall hallow the procedures of YM ""
05.08.170, and are otherwise nolperrrraued, Of-latentises signs and billboards are permitted as identified in
Y C 15 (,I8,1.30
2. For Chringcs of Replatcoreni of rin Existing Sign .Structur'a'l changes to, or replacement of, an existing sign
requires "1",
tris (1) review and agrproval by Ore building oitacaal. (Ord, 2011-12 § 30',2011: Ord. 2008-46 § 1
(part), 200K Ord. 301x) § 33, 198T. Ord 2947 § 1 (part), 1986;),
15.08.040 &',+tmrp Saai yai�tat3^a� signs.
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prohibited 44tgy3 1jy,,Iqi2w' jjjjg Ig gL
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2. Point of purchase displays, such as product dispensers;
3, Gravestones;
4, Barber poles;
5, Historical site plaques;
6, Structures intended for a separate use such as phone booths, Goodwill containers, etc.;
7, Official and legal notices issued by any court, public body, person or officer in performance of a public
duty or in giving any legal notice;
8. Directional, warning or information signs or structures required or authorized by law;
9. Official flags of the United States of America, states of the United States, counties, municipalities, official
flags of foreign nations, and 0al,;„s of internationally and nationally recognized organizations;
10 Political signs advertising a candidate or candidates for public elective office, a political party, or
promoting a position on a public issue during a campaign; provided, that:
a. Alt political signs shalt be, removed vwrilhin fifteen days following the ctectaon, except thal iar
cases whets .a general cleclaon follows a primary election, those signs for candidates whose,
marries will appear on the ballot in the general election may he displayed during,„ the i'ntetitra
period and up to fifteen days after the general election; and.
Sign Ord. 11/19/14 Draft
Yakima Municipal Code
Chapter 15.08 SIGNS
Page 6/16
No political sign shall be erected upon any private property without the permission of the
resident or owner thereof, and, in cases where there is no occupied structure on the property, no
political signs shall be placed thereon without the written consent of the owner of the property;
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'anopies and awning signs;
L,Official public or court notices issued by a government agency or body or required or provided for under
adopted statute, (Ord. 2008-46 § 1 (part), 2008: Ord 2001-25 § 1, 2001: Ord, 93-81 § 33, 1993: Ord 3019
§ 34, 1987: Ord 2947 § 1 (part), 1986),
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15.08.050 Prohibited signs.
The following signs are prohibited:
1, Signs on any vehicle or trailer parked on public or private property and visible from a public right-of-way
for the purpose of circumventing the provisions of this chapter. This provision shall not prohibit signs painted
on or magnetically attached to any vehicle operating in the normal course of business;
2, Signs purporting to be, imitating, or resembling an official traffic sign or signal; could cause confusion
with any official sign, or which obstruct the visibility of any traffic/street sign or signal;
3. Signs attached to utility, streetlight and traffic -control standard poles;
4, Swinging projecting signs;
5. Signs in a dilapidated (ie„ having peeling paint, major cracks or holes, and/or loose or dangling materials)
or hazardous condition;
6, Abandoned signs;
7. Signs on doors, windows or fire escapes that restrict free ingress or egress; and
8. Any other sign not meeting the provisions of this chapter (Ord 2008-46 § 1 (part), 2008: Ord. 93-81 § 34,
1993: Ord, 2947 § 1 (part), 1986).
Sign Ord. 11/19/14 Draft
Commented U11Needs further review, specifically as to
size and number. Reworded for better clarification
Commented U21. Needs further review as to sign a
and number of signs
Yakima Municipal Code
Chapter 15.08 SIGNS
Page 7/16
15.08.055 Sign maintenance.
11,., General Requirements. Signs shall be maintained n't good order and repair at all times so that they do not
constitute any danger orhaxard to public safety, and ave trc"e ofpceling paint, major cracks and loose and dangling
marerkds. Signs tlaal are not maintained in this manncr shall be considered prohibited signs.
B Nonconibrm'ing Sign Maintenance and Repair, Nothing in this title $hall relieve the owner or user ofa legal
raonconfonning ,sign, or the owner of the properly on which the noncontbrntieag .sign is located, front the provisions
ofthfs section regarding safety, maiructnince, repair„ andfor removal ofsagns. (See YMC 15.Q8.16t3.) (Ord, 2ao$-�16
I (part)" 2005. Ord. 93.81 § 15" 1993).
15.08.060 Sign standards.
The provisions o�fthis chapter and the requirements in Table 8-1 , "Type and Number of Signs perauirt ," "rabic 8-2,
"Maximurtt Sign Area,"' and "'stable 8-3, "Signa Height and Setbacks," arc established for allsigns in the voning
districts indicated. All permitted signs are subject to the reviews procedures ofthis title and the standards of this
section, Signs for Class (1), (2) and (3;) arses shall be subject to die same procedural and review iettatirwavtevats as the
principal use.
Sign Ord. 11/19/14 Draft
Yaldma Municipal Code
Chapter 15,08 SIGNS
Page 8/16
Table 8-1. Type and Number of Signs Permitted
SIGN TYPE
ZONING DISTRICTS
SR I R-1
IB I B-2 I SCC I LCC CBD GC I M-2
PERMITTED SIGNS
On -Premises Signs
Nameplate
Subdivision
Identification/Project
Identification'
Permitted as an Accessory Use to an Approved or Existing Use
Roof/Portable Signs
Not Permitted
Class(1)Use
Off -Premises Signs
Freestanding'
Projecting
Freeway
Directional
Advertising
Billboards
Subdivision/Proj ID
Only
of Permitted
On -premises signs meeting the standards of this chapter are considered Class (1) uses requiring Type (1)
review. On -premises signs not meeting the standards ofthis chapter shall follow the procedures of YMC
15 09 170, and are otherwise not permitted
See YMC 15,08,150
Not Permitted
Cl.
(2) Use
Not
Permitted
Class (2) Use
Class (1) Use
NUMBER OF SIGNS PERMITTED
On -Premises Signs
Nameplate
I Per Dwelling
Freestanding'
Projecting
Wall/Roof/Portable
Signs
Freeway
I Per Street Frontage
I Per Street Frontage
otPermifted
Wall- YMC 15.08.1 OO/Roof. YMC 15 -08.090/Tempomry: YMC 15,08 110
Freeway: See YMC 15 08 150
Off -Premises Signs Directorial
Directional: See YMC 15,08.120(B)
Yakima Municipal Code
Chapter 15.08 SIGNS
Page 9/16
ZONING DISTRICTS
SIGN TYPE SR B-1= HB B-2 I SCC I LCC I CBD GC I AS I R111 M-1 M-2
ErE.:- '�'mPenmitted I Sign Per Parcel (Also See YMC 15,08130)
1 Billboards
NOTES:
I YMC 15,09 140 has freestanding sign provisions for multiple -building complexes and multiple -tenant buildings.
2 Nameplates and subdivision identification signs permitted in the residential districts maybe placed on awall—See Table 8-2
Table 8-2. Maximum Sign Area
Freestanding and Projecting Signs
J
SR, R- 1, R-2, and R-3
Nameplates up to 2 sq fl, and subdivision/project identification up to 32 sq, ft
NOT PERMITTED
HB and B-1
1 24 sq ft.
40 sq ft
B-2
40 sq, ft-
60 sq ft
SCC
Frontage is
I sq ft of sign area per
1-1/2 sq, ft of sign area per
less than 400
lineal ft of frontage up to
lineal ft of frontage up to
ft long
100 sq, ft
150 sq ft
Frontage is
I sq ft, of sign area per
1-1/2 sq fl. of sign area per
more than
400 ft long
lineal ft of frontage up to
150 sq- ft
lineal ft of frontage up to
200 sq. fl-
SIZE OF WALL TO
WHICH ATTACHED
WHERE PERMITTED: UP
TO 300 SQUARE FOOT
LCC
Frontage is
I sq ft of sign area per
1-1/2 sq ftof sign area per
less than 400
lineal ft of frontage up to
lineal ftof frontage up to
, long
150 sq ft
200 sq,ft
Frontage is
I sq- ft-. of sign area per
1-1/2 sq ft of sign area, per
more than
lineal ft of frontage up to
lineal fl of frontage up to
400 ft long
200 sq ft
250 sq &
CBD
1 sq ft of sign area per lineal
ft of frontage up to 150 sq
Yalurna, Municipal Code
Chapter 15.08 SIGNS
W�aU
Page 10/16
Table 8-3. Sign Height and Setbacks
ZONING DISTRICTS
SIGN STANDARDS I SR I R -I ! R-2 I R-3 B-1 I BB B-2 I SCC I CC] - CBD j —GC—Tj AS I RDJ�M-�M-2
MAX]MUM SIGN HEIGHT
Freestanding' I Sign is set 15ft 10 ft. I S ft 30 L 30ft.30 ft. 30ft
back 15 feet
or less from
Freestanding sad Projecting Signs
GC
Frontage is
less than 400
I sq ft of sign area per 1-1/2 sq ft of sign area per
lineal & of frontage up to lineal ft of frontage up to
ft long
150 sq 200 sq. ft
Frontage is
more than
I sq ft of sign area per 1-1/2 sq ft of sign area per
lineal ft of frontage up to lineal ft. of frontage up to
400 ft. long
200 sq, & 250 sq ft
AS
Frontage is
less than 400
I sq ft of sign area per 1-1/2 sq, ft of sign area per
lineal it of frau up to lineal ft of frontage up to
ft long
150 sq ft 200 sq, ft
Frontage is
I sq ft of sign area per 1-1/2 sq, ft of sign area per
more than
lineal ft of frontage up to lineal ft of frontage up to
1400 ft long
200 sq ft 250 sq ft
RD
Frontage is
I sq ft, of sign area per 1-1/2 sq ft of sign area per
less than 400
lineal ft of frontage up to lineal ft of frontage up to
ft long
150 sq ft 200 sq ft.
Frontage is
more than
I sq- ft of sign area per 1-1/2 sq R of sign area per
lineal ft of frontage up to fiscal ft of frontage up to
400 ft long
200 sq, ft 250 sq ft
M-1
I sq ft of sign area per 1-1/2 sq- & of sign area per
lineal ft of frontage up to lin ft of frontage up to
100 sq ft 150 sq ft
M-2
N1AXRdW AREA PER SIGN= 2 T THE NIAXDdUM AREA PER SIGN FACE
Table 8-3. Sign Height and Setbacks
ZONING DISTRICTS
SIGN STANDARDS I SR I R -I ! R-2 I R-3 B-1 I BB B-2 I SCC I CC] - CBD j —GC—Tj AS I RDJ�M-�M-2
MAX]MUM SIGN HEIGHT
Freestanding' I Sign is set 15ft 10 ft. I S ft 30 L 30ft.30 ft. 30ft
back 15 feet
or less from
Yakima Municipal Code
Chapter 15,09 SIGNS
bl�
(Ord 2011-12 § 4 (pail), 2011; Ord 2008-46 § I (part), 2008: Ord 93-81 § 36,1993; Ord 3106 § 17,1988; Ord 3019 § 35,1987: Ord 2947 § I (part), 1986)
ZONING DISTRICTS
SR R -IT -3
B -t 11 B-2
SCC
LCC1
CBD GC AS M-2
SIGN STAND ARDS
required
right-of-way
Sign is set
10 ft
15 ft 20ft
35ft
40ft
30ft 40ft
back snore
than 15 feet
from required
right -of -sway
Projecting
otpermitte&
See YMC1508.080
a-_IWall
L_Top of wall to which attacbed_Q21fj 5,08, 1001
ls-1 Fascia
which attached 15 08 10_55)
Freeway
Where permitted: 70 &
SETBACKS
minimum front yard setbacks Edge ofiFhtf-wy
Minimum side yard setbacks Required setback standards for each zoning district (Table 5-1)
Notes:
I YMC 15 08 140 has special freestanding sip provisions for multiple -building complexes and multiple -tenant buildings
2 Nameplates and subdivision identification signs permitted in the residential districts may be placed on a wall (See Table 8-2)
(Ord 2011-12 § 4 (pail), 2011; Ord 2008-46 § I (part), 2008: Ord 93-81 § 36,1993; Ord 3106 § 17,1988; Ord 3019 § 35,1987: Ord 2947 § I (part), 1986)
Yakima Municipal Code Page 12/16
Chapter 15.08 SIGNS
15.08.070 General provisions.
All signs shall comply with the following provisions:
A Construction shall satisfy the requirements of the building code;
B Except for exenipt 1BI Li-pggul gKgb
all signs shall be permanently attached to a building or
the ground;
C Signs attached to a building shall not exceed the height of the building, except under the provisions of YMC
15 08.080(l) and 15,08,090;
D All signs shall comply with the setback requirements in Table 8-3, except when the side or rear yard is a street
frontage, then the front setback shall apply;
E Lighting directed on or internal to any sign shall be shaded, screened, or directed so that the light's intensity or
brightness shall not adversely affect neighboring property or motor vehicle safety;
F All signs together with their supports, braces, and guys shall be maintained in a safe and secure manner;
G. The ratio of the area of the sign support, framing structure, and/or other decorative features which contain no
written or advertising copy to the sign cabinet shall not be greater than 1:1;
H, A clearview triangle shall be maintained at all driveways and curb cuts for vision safety purposes (See YMC
15 05.040);
I. No freestanding signs shall be placed in the clearview triangle established in YMC 15.05,040; and
J Any exterior lighting must be shielded and directed away from adjoining streets or residential uses (Ord 2011-
12 § 4 (part), 2011: Ord 2008-46 § I (part), 2008: Ord. 93-81 § 37, 1993: Ord. 3106 § 18, 1988: Ord. 2947 § I
(part), 1986),
15.08.080 Projection over right-of-way.
Projecting and freestanding signs shall comply with the following provisions:
I No more than one-third of the height of any projecting sign shall exceed the height of the building to which
it is attached,
2. All signs projecting over the public right-of-way shall conform to the following standards:
Clearance Above Grade
Maximum Projection
Less Than 8 feet
Not Permitted
8 feet to 9 feet
1 foot
9 feet to 10 feet
2 feet
Over 10 feet
2/3 the distance from
building to curb line or a
maximum of 10 feet
No sign shall project within two feet ofthe curb line, (Ord 200846 § I (part), 2008: Ord 3019 § 36, 1987: Ord,
2947 § 1 (part), 1986).
15.08.090 Roof signs.
All roof signs shall comply with the following provisions:
1-2Q(A.timmuWCAfAkUiLdim�
Sign Ord 11/19/14 Draft
Yakima Municipal Code
Chapter 15.08 SIGNS
Page 13/16
as L�koorsigrts shall be 1111�mq!Lu� �,Y'q'l+LQLj UJg3 I �J[
(iected so as to app�ku
from all sides as a wall sign applied to an existing penthouse which appears to be a part of the building
itself
b,J—Roof signs must not exceed the maximum allowable height of the building within the district in which it is
located
ail,,„ All roof signs shall be installed op cwectcd in such a mariner that there is no visible support structure, (Ord.
20108-46 § I (part), 2008: Ord 2947 § I (part), 1986).
15.08.100 Wall signs.
All wall signs shall conform to the following provisions:
a%!- W'all signs may be painted upon, attached flat to, or pinned away from the wall, but shall not project more
than twelve inches from the wall
b-, P '- The number of wall signs is not regulated; provided, the total area of the wall sign(s) may not exceed the
area of the wall to which attached,
,L_ _„Wall signs shall not extend above the height of the wall to which attached,
2-- A'41MVKKD
LAgJijs—,(Ord. 2008-46 § I (part), 2008: Ord, 93-81 § 38,
1993: Ord, 2947 § I (part), 1986),
, "A"hom Eign tukmw LAhud'.� lunid1c:0 Yb...lQlg �wLa
h tg_iL.
L Va'10-mN
1MOMLLM, -PvJJN10MKWv—Pmh;
15.08.110 Temporary signs.
All temporary signs shall conform to the following:
"'t-yeat',
A--Unly one temporary sign on each street frontage per parcel or lot is permifted,...21
Sign Ord 11/19/14 Draft
Commented U3]: Removed and included in the definition
of Fascia Signs,
............ ... . .....
Yakima Municipal Code
Chapter 15,08 SIGNS
Page 14/16
13:2.3 --No temporary sign shall be placed in a required parking space, driveway, or clearview triangle,.
�a 4. --No temporary sign may be placed in the public right-of-way or an easement unless specifically
permitted by the city/county;
pJ,FL ,5-- `eniporary^ signs placed on the ground shall be separated from parking and driveway areas by a curb or
other barrier..
✓, 5,fi No temporary sign shall be displayed more than fifteen days after the event for which it is intended.
(Ord. 200846 § 1 (part), 2008: Ord. 2001-25 § 2, 2001: Ord. 93-81 § 39, 1993: Ord 2947 § 1 (part),
1986).
15.08.120 Directional signs.
A. On -Premises Directional Signs. On-preruises dir donal signs readable from the public fight -of -way maybe
penniucd in accordance with °fable 8-1. On -premises directional signs may contain both directions and 1he business
name or logo, provided the business name or logo shall not exceed fifty percent ofthe sign area. All on -premises
directional signs shall meet the general provisions of this section, and shall not exceed ten square feet per sign face.
B. Off -Premises Directional Signs. Off -premises directional signs are permitted where indicated in YMC
15.08.130(B); provided, that:
1 Each use located in a district where off -premises directional signs are allowed is permitted one off -
premises directional sign;
2. The off -premises sign contains only directional information and does not exceed thirty-two square feet in
area nor twenty-five feet in height;
3. The off -premises signs are permanently installed on private property;
4. Only one off -premises sign is permitted on a parcel. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part),
1986).
15.08.130 Off -premises signs and billboards.
A. Billboards are:
1. Class (1) uses in the M-1 and M-2 districts; and
2. Class (2) uses in the CBD, GC, and RD districts.
B. Billboards maybe permitted in these districts after the required level of review, provided they meet the
provisions of this chapter and all of the following criteria:
1. The maximum sign area does not exceed three hundred square feet per sign face;
2. There is no more than one product displayed per sign face;
3. There are no side-by-side panels;
4. Required front yard setbacks are met;
5. Billboards between a one -hundred -fifty and three -hundred -foot radius of a residential district shall be
restricted to one hundred sixty square feet per sign face and may not be lighted;
6. No billboard shall be located within one hundred fifty feet of a residential district;
7. The billboard is not within five hundred lineal feet of another billboard having the same street frontage;
8. Billboard height standards shall not exceed that permitted for freestanding signs as provided in Table 8-3;
Sign Ord. 11/19/14 Draft
Yakima Municipal Code
Chapter 15.08 SIGNS
Page 15/16
9. The total number of combined frees land mg signs, off -premises signs and billboards does not exceed the
number of freestanding signs allowed for the property.
C. Off -premises signs are:
I Class (1) uses in the M-1 and M-2 districts;
2. Class (2) uses in the B-2, CBD, GC, and RD districts.
Off -premises signs may be permitted irr these districts after the required level of review, provided they meet the
provisions of this chapter and rise specific standards for the district in which they are located, (Ord. 200846 § 1
(part), 2008: Ord 93.81 § 40, 19'93: Ord 2947 § I (part), 1986),
15.08.140 Multiple -building complexes and multiple -tenant buildings.
A. Purpose. The following provisions shall apply to niultiple-building complexes and multiple -tenant buildings in
the SCC, LCC, GC, and RD districts,
B. N urn ber of Freestanding Signs. Each multiple -building complex shall be allowed one freest andi ng sign on each
street frontage in accordance with Table 8-2, When the street frontage is longer than four hundred .feet;
1. One additional freestanding sign shall be permitted for each additional four hundred feet of street frontage
or part thereof; or
2. A single, larger freestanding sign can be erected in accordance with Table 8-2,
If option 1, asset forth in subsection (13)( 1) of phis section, is selected, no freestanding sign shall beplaccd closer
than two hundred f to any other freestanding sign or exceed the standards in Table 8.2 These provisions shall
also apply to each mulliple-tenant building, unless it is it part of a multiple -building complex.
The allowable freestanding sign(s) may be used to advertise one or more of the uses in the innitiple-building
complex orniultipIG-tenant building. (Ord. 2(MS-46 § I (parf), 2008; Ord. 2947 § I (part), 1986).
15.08.150 Freeway signs.
A. Purpose. The purpose ofthis section is to permit hotels/motels, rcsiaumnts, service stations and fruit stands near
the freeway a larger on -premises sign to inform freeway travelers ofOicir service.
B. I,ocalton, A freeway sign maybe used to substitute an allowable freestanding sign where there is more than one
street frontage, when the use:
I. Has frontage on Nob Hill Blvd., Yakima Avenue, Terrace Heights Drive, North I st Street, North 16th
Avenue, or North 40th Avenue and alp or a ponion of the lot is within one thousand feet of a freeway
interchange; or
2. Is within two hundred fifty feet of the freeway right-of-way.
C. Number ofFrceway Signs. Only one, freeway sign is permitted on each parcel, multiple -building complex or for
each development, whichever is more restrictive.
D. Uses with Only One Frontage. Uses within I he area described in subsecl ton B of this section with only one
street frontage may install a freeway sign in addition to the permitted freestanding sign.
E. Sign Height, The maximum height for freeway signs is shown in Table 8-3, (Ord, 2008-46 § I (part), 2008:
Ord. 93-81 § 41, 1991 Ord, 2947 § I (part), 1986),
15.08.160 Legal nonconforming signs.
Any siWi lawfully existing tinder alb codes and ordinances in effect at the time this title is enacted or arneaded may
continue to be maintained and operated as a legal nonconfoiniing sign so long as it remains oihenvisL lawful;
provided, that
Sign Ord, 11/19/14 Draft
Yakima Municipal Code
Chapter 15.08 SIGNS
Page 16/16
A. No sign shall be changed in any manner that increases its noncompliance with the provisions of this title; and
B. Ifthe sign is structurally altered or moved, its legal nonconforming status shall be voided, and the sign will be
required to conform to the provisions of this title. Nothing in this section shall be construed to restrict normal
structural repair and maintenance; and
C. The sign is not a hazardous or abandoned sign, (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986)
15.08.170 Administrative adjustment of sign standards allowed.
A. Comprehensive Design Plan. A comprehensive design plan is required whenever adjustment of one or more of
the sign design standards of this chapter is proposed or when required as part of a detailed sign plan. The
comprehensive design plan shall include a narrative and site plan, including but not limited to the following:
1. Site plan which includes the physical components of the sign including sign size, height, shape, color,
location and associated landscaping;
2. A description of how the sign relates to the immediate surroundings, including existing and proposed
structures, other signs, neighboring land uses and the character ofthe zoning district;
3. An explanation of why the existing sign standards are not adequate and require adjustment; and
4. For multiple -tenant buildings and multiple building complexes, a description of how the available sign area
will be allocated between tenants or leasable spaces.
B. Review Procedures. The administrative official shall review the comprehensive design plan in accordance with
the provisions of YMC Chapter 15.10 and may either approve or disapprove the plan, The administrative official
shall approve the comprehensive design plan and/or adjustments in the standards ofthis chapter when he finds that
such approval would be consistent with the character of the zoning district, compatible with neighboring land uses,
and create visual harmony between the sign, structure, and the site where it is located. The administrative official
may also attach conditions to this approval in order to accomplish the objectives of this section and YMC 15.10.030.
(Ord. 2011-12 § 5, 2011: Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 42, 1993; Ord. 3019 § 27, 1987; Ord. 2947 § 1
(part), 1986)..
15.08.180 Variances.
Except as allowed by YMC 15, 08.170, no reduction of the standards in this chapter is allowed except pursuant to
YMC Chapter 15.21. (Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.08.190 Violations.
Failure to comply with the provisions of this chapter is a violation and punishable under YMC Chapter 15.25. (Ord.
200846 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
Sign Ord. 11/19/14 Draft
Memorandum of Transmittal
To: Yakima Planning Commission
From: Yakima City Council, Mayor of Yakima
Tony O'Rourke. City Manager
Joan Davenport, Director of Community Development
Date: September 9, 2014
Subject: Request for Sign Code Amendment Consideration
F'Olt
Rr(" mf
0R�
Suninimy-pf Request
The Yakima City Council has identified four key areas of the Sign Code (YMC 15,08) for which they
are requesting that the City Planning C0111mission commence the amendment process:
I. Possible removal of Temporary and Window signs from the broad list of items included in the
-Exempt Sign" provisions, Otherwise, the Council thought that the Exempt Sign provisions
were appropriate. Possible review of list of other "Exempt: signs to see if they may need to be
addressed.
Council Comments: Re -name "Exempt" sign section.
2. Amend the requirements for Temporary signs to establish a size limit for temporary signs (32
sq. ft. was suggested).
Council Comment-, Some concern that we may be over -regulating this area. However, there is
interest, in further definition of the Temporary signs, such as material update (painted signs
wasused as example).
3. Amend the requirements for Window Signs to limit the amount of the window that may be
covered by a sign (25% was suggested);
Council _Comment: The Council is not decided on the percentage or method at this point
4. Add a definition and standards for Display Case Signs, such as those used in a movie theater
Council Comment: No specific additional direction on this issue
Background
The City Council Built Environment Committee met on August 21, 2014 to discuss the above
mentioned sign code amendments. This list was developed as a result of discussion at previous City
Council sessions. At the August 5, 2014 City Council meeting the report on potential sign code
revisions was discussed with direction to forward the policy items to the Built Environment for review
and comment. The Council discussion focused on the items listed below, which reflect the Council
direction and are a modification of the previous suggestions:
Council Action:
Forward these amendments to the Planning Commission for consideration in the 2014 Code update
cycle.
FOR THE
Memor,andum of Transmittal RECORD / FILE
2ndSign Enforcement Emphasis
September 19,, 2014
A staff meeting with Planning and Code Enforcement was held on September 15, 2014 to establish
the guidelines for the 2nd round of sign code enforcement emphasis sweep. This emphasis effort
implements a City Council priority related to improving the built environment of the city including
the appearance of the community, reduction of visual clutter and driver distractions. The purpose
of this memo is to provide guidelines for consistent enforcement. Provisions of the existing sign
code are currently under consideration by the City Planning Commission for ordinance
modification. Therefore, these guidelines are considered interim in nature.
Meeting attendees: Joe, Glenn, Ben, Linda, Jodi, Kelli, Tammy, Valerie, Robbie, Mike M., Joan
Guidelines for this enforcement effort:
1. Enforce the sign code as adopted in YMC 15-08
2. Focus effort on elimination of illegal temporary free-standing signs along the street right of
way; All commercial areas will be reviewed, not limited to the first eleven corridors.
3. Signs mounted to fences are not exempt signs and will be treated as a free-standing
temporary sign;
4. Each parcel is allowed one temporary sign per street frontage. The signs must be, displayed
on the individual street frontage and may not be grouped on a single street frontage;
5. Roof signs are not exempt signs. A permanent roof sign must conform to YMC 15.08.090
and requires a permit. A temporary roof sign is generally not allowed.
6, Wall signs are NOT exempt signs but subject to the requirements of YMC 15.08.100.
• The number of permanent wall signs is not regulated. All permanent wall signs
require a permit.
• If a temporary sign is placed on the wall, it is subject to the requirements of all other
temporary signs, as specified in YMC 15-08.110 which states ONE per street
frontage; maximum length of'dis'play 30 days at a time; etc
• Display cases (like at movie theaters) are considered wall signs, The display case
needs a permit, but replacement of the poster does not require a permit.
• A wall sign may be painted directly onto the building. Painted signs on the wall do
not require a permit.
7. Window Signs are exempt from permits and fees. Although they are defined, the Code has
no other standards or requirements for the number or size of window signs. If a window
sign is dilapidated or creates a safety hazard, such as obstructing a door, the sign could be
modified or removed.
8. Free-standing temporary signs or sandwich boards may not be in the street right of way
unless they have a permit.
9. Signs attached to fences are NOT wall signs. They are generally temporary signs and
subject to the limitations of one per street frontage.
" RTH E
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7
34
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61
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83
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Plannins Divinicin��
TABLE OF CONTENTS
lIAP 15.01
TITLE, PURPOSE, & JURISDICTION
CH"APTFR-1-5.02
DEFINITIONS
CHAPTER 15.03
ZONING DISTRICTS
CHAPTER °�°1�� 15.,,.04
PERMITTED LAND USES
CH1 T1 "R 15.05
SITE DESIGN AND IMPROVEMENT STANDARDS
CHAPTER 15..
OFF-STREET PARKING AND LOADING
CF1; AP E 1.5....07
SITESCREENING
CHAPTER 15.08
SIGNS
11A���'�ER 1,.5..0
SPECIAL DEVELOPMENT STANDARDS
111�m°1,1.-R 5�1
CONDITIONS OF APPROVAL/
ADMINISTRATIVE ADJUSTMENT OF STANDARDS
CHAPTER 1 .111
GENERAL APPLICATION REQUIREMENTS
HATIT ° ,wA.w5.1
PERMITS
......:.........: ` . .. 5 .J.3
TYPE (1) REVIEW
CHAPTER f 5..14
TYPE (2) REVIEW
CHAPTER....15015
TYPE (3) REVIEW
.,.15.,.1.,
APPEALS
CHAPTER 15.1
MODIFICATIONS TO EXISTING OR APPROVED USES
OR DEVELOPMENTS
CSI I PTE 1-5,18, ,EXISTING
USES AND DEVELOPMENT
CHAPTER ,15.,1
NONCONFORMING USES, STRUCTURES, & CRITICAL AREAS
`R" 15.20
ADMINISTRATION
CHAPTER......... 15.21
VARIANCES
CHAPTER .1.5..2.2
INTERPRETATIONS
CHAPTER 15.23
AMENDMENTS AND REZONES
CHAPTER 15,24
REVOCATION OF PERMITS OR APPROVALS
CHAPTER 1525
VIOLATIONS AND ENFORCEMENT AND ADMINISTRATION
CI -I, iiER 1,5..27
CRITICAL AREAS
CHAPTER, 15.28
MASTER PLANNED DEVELOPMENT
C"1F�...::.........';I',k,,1,....,3.
AIRPORT SAFETY OVERLAY
CHAPTER 15.31
INSTITUTIONAL OVERLAY
" RTH E
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147
149
151
153
157
215
224
228
TABLES & FIGURES
FIGURE 2-1:
BUILDING HEIGHT
11
FIGURE 2-2:
LOT
21
FIGURE 2-3:
LOT CORNER
22
FIGURE 214:
LOT LINE INTERIOR
22
'FABLE 4m 1:
TABLE OF PERMITTED LAND USES
42
TABLE 4-2:
TABLE OF PERMITTED HOME OCCUPATIONS
51
�.a .a4.:IDA�.,ll� °�. 4 3:
REQUIREMENTS FOR MOBILE/MANUFACTURED HOMES
ON INDIVIDUAL LOTS
57
FIGURE 5-1:
FENCE LOCATION
63
,,,,,;,,.m...;�::�ll��....::::.1 :
DESIGN REQUIREMENTS AND SETBACKS
66
��",,,,, AB1..,E 5� :
SUBDIVISION REQUIREMENTS
67
FICIII?,..E 5. :
VISION CLEARANCE TRIANGLE
68
FIGURE ...m ..,..
6-1:
DOWNTOWN BUSINESS PARKING
72
TAB LE 6 1:
TABLE OF OFF-STREET PARKING STANDARDS
73
'J'ABLE BLE 6-2:
STANDARD PARKING LOT DIMENSIONS
79
FIGURE 6-2:
DRIVEWAY AND CURB LENGTH STANDARDS
80
TABLE 7-1:
REQUIRED STIESCREENING BETWEEN USES &DEVELOPMENT
84
FIGURE 8-1:
SIGNS
88
FIGURE 8-2:
STREET FRONTAGE FOR SIGNS
88
TABLE 8-1:
TYPE AND NUMBER OF SIGNS PERMITTED
91
MAXIMUM SIGN AREA
92
TABLE 3:
SIGN HEIGHT AND SETBACK
93
"I BL...HIl��a. I I'mm.-.,1n:
APPLICATION REQUIREMENTS
111
'J BILE 11 .,2:
NOTICE REQUIREMENTS
114
CIAO wTABLE 27..3,;;::.1:
GENERAL PERMITS OR REVIEWS
174
CAO TABLE 27.54: STREAM TYPES
...............2.._............
202
1.T I.,E 27.5,,.2: WETLAND TYPES
202
6"TAN �jR0 N [j AJ' E . ;A l,,, n�w4 JUVf10-AppendixA
232
C. O !IE IPIX P: DESIGNATED TYPE 2 STREAMS CORRIDORS
233
2
Chapter 15.30 AIRPORT SAFETY OVERLAY (ASO)
Sections:
15.30.0.10 Purpose
1.5m 0.020 Definitions
iii i.i 0 Applications Of Airport Safety Overlay Provisions
15m511 Class (1) Uses
),, m 0.i5 ! Class (2) And Class (3) Uses
1..., 0.060 Application Requirements
1 'i6 (0 Height Limitations And Additional Requirements
l , j .086 Special Provisions For New Airports, Heliports And Landing Fields
15.30.01.0 — PHOO
The airport safety overlay is intended to protect the airspace around the Yakima Air Terminal at
McAllister Field and any other state and federal system airports from airspace obstructions or hazards and
incompatible land uses in proximity to the Yakima Air Terminal at McAllister Field or other public
airport with defined airspace per Federal Aviation Regulations (FAR) Part 77.
15.30.020 — Definitions
The following terms are established for the purpose of protecting the airspace of the Yakima Air Terminal
at McAllister Field or any other state and federal system airport:
Airs ace Hazard means any structure, tree, or use of land which compromises public safety or obstructs
the airspace required for the safe operation of aircraft in or around an airport, as determined by the
Administrative Official under this Title.
.AiLspace OhLtrLiction means any structure, tree, land mass, smoke, or steam or use of land which
penetrates the primary, approach, transitional, horizontal, or conical surface of an airport as defined by
Federal Aviation Regulations (FAR), Part 77.
Aviaation Easement means an easement granted for the free and unobstructed use and passage of aircraft
over, across, and through the airspace above, or in the vicinity of property.
Civil . ort ImaginaKy Snri"ces means the imaginary airspace (primary, approach, transitional,
horizontal, and conical surfaces) designated by the Federal Aviation Administration and as defined by
FAR, Part 77.
Established Airvort Elevation means the highest point of an airport's usable landing area, measured in
feet above mean sea level.
rd To Air Navi anion means an official determination by the FAA that an airspace obstruction
constitutes a hazard to air navigation. The FAA determination that an airspace obstruction does not
constitute a "hazard to air navigation" under federal regulations does not prevent the Administrative
Official from determining that it is an airspace hazard or potentially incompatible land use under this
Title.
Potentialiv Incompatible Land Use means land uses deemed potentially incompatible within the airport
safety overlay include:
1. Those land uses located in the primary airport safety overlay, being an area bounded by the limits
of the approach surface and the transitional surface within the conical surface area, that are of
224
such intensity as to potentially endanger public health, safety, or welfare. Such uses include
manufactured or mobile home parks, schools, places of public assembly, and multifamily
residential ucs; and,
2. Those land uses within the primary or secondary airport safety overlay constituting airspace
hazards, as determined by the Administrative Official.
Runway tection n s means a trapezoidal area representing the ground level at the innermost
portion of the runway approach as defined in the respective airport master plan.
15.30.0311.... Application Of Air ort Safet Overla Provisions
A. 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 herein.
B. The airport safety overlay (ASO) contains those 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:
1. The primary airport safety area addresses land use compatibility with airport operations and
structure height. It is located in an area bounded by the limits of the runway protection zone and
the FAA defined approach and transitional surfaces within the conical surface area; and,
2. 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 area and the approach and transitional approach surfaces extending beyond the
conical surface.
15.30. 040 gLaSS111 Uses
A. The uses listed as Class (1) uses within the underlying zoning district shall be subject to the height
restrictions listed in " (...0 3 0 or `h ; (wlu:..]5 Q5,' ml°a�l�l :.'9 , whichever is the more restrictive.
No separate application for a Class (1) use in the airport overlay is required, provided the
Administrative Official can conclusively determine that the proposed structure or use:
1. Does not constitute a potentially incompatible land use;
2. Will not exceed thirty-five feet in height; or, if greater than thirty-five 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,
3. Is not within a designated runway protection area or an identified future sixty-five DNL aircraft
noise impacted area within the airport master plan or the FAA approved airport layout plan. Such
structures and uses shall in any case be subject to the limitation of"f' .",..,'1IT. 70 and to the
recording of an avigation easement.
B. Class (1) uses shall be subject to Type (2) application and review procedures pursuant to... :
1 [� 1 �) where the use is a potentially incompatible land use, or where the Administrative Official
cannot make a conclusive determination as required in subsection (A) above.
15,30.050 -.. Class Q ,And Class Q Uses
A. The uses listed as Class (2) and Class (3) uses within the underlying zoning district are subject to:
1. The height restrictions listed in YMC 15.30.070 and s (" ].,05, 'able 5 1. whichever are
the more restrictive;
2. The provisions of ;,,,,,,,,,:. (�..Ch... 1. 5,,04 and any other review criteria for the use required by the
underlying zoning district; and,
3. A determination that the use can be appropriately conditioned to mitigate noise impacts and other
airport safety concerns.
B. Where an airspace hazard has been determined to exist by the Administrative Official, the FAA
determination on obstructions and hazards to air navigation shall be balanced with special
225
consideration for unique characteristics of local terrain, reporting points for pilots using VFR, airport
operations, and development patterns.
I .30.060 — Application Re uirernents
A. Applications for uses within the airport safety overlay established by this Chapter shall include the
following information:
1. Property boundary lines as they relate to the boundaries of the primary and secondary airport
safety overlay;
2. Location, elevation, and height of all existing and proposed buildings, structures, utility lines, and
trees taller than thirty-five feet in height;
3. A description of the proposed use; and,
4. A statement of compatibility from the airport manager when the use is to be located within the
airport safety overlay relative to the impact of the use on airport operations and safety.
B. In consideration of an application for a building, structure, or other use, which will exceed thirty-five
feet in height, the Administrative Official may require the applicant to submit either of the following:
1. A certificate from a registered professional engineer or a licensed land surveyor, which clearly
states that no airspace obstruction will result from the proposed use; or,
2. Either or both of the following:
a. The maximum elevations of proposed structures based on the established airport elevation
and 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 or surveyor.
b. A map of topographic contours with not more than five foot intervals, showing all land within
one hundred 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.
15.30.070 Height Limitations And Additional Ite uirements
A. A building, structure, communication tower, use, or tree that penetrates any of the FAA designated
imaginary surfaces constitutes an obstruction within the ASO overlay. Therefore, the allowable height
of any building, structure, communication tower, use, or tree within the airport safety overlay shall
conform to the following:
1. The ground level elevation above mean sea level plus the height of any building, structure,
communication tower, use, or tree at its proposed location shall not penetrate any FAR, Part 77,
designated imaginary surfaces of an airport.
2. However, structures thirty-five feet or more in height 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 that the structure is not likely
to constitute an airspace hazard.
3. The Administrative 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 its height when
recommended by the FAA, WSDOT Aviation Division or the airport manager. Lights and
markers shall meet FAA specifications.
4. Notwithstanding any other provision, the Administrative Official shall not approve any building,
structure, communication tower, use, or tree when the FAA has designated it a hazard to air
navigation.
B. Whenever the height limitations of this section differ from those of any other section of this chapter,
or that adopted by another local ordinance or regulation, the more restrictive limitation shall apply.
C. 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 lights; create electrical interference
226
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 birds -strike
hazards; or otherwise create a hazard which may in any way endanger the landing, takeoff, or
maneuvering of aircraft intending to use the airport.
D. 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 which legally existed prior to the
effective date of the ordinance codified in this chapter, except as may be compelled by state or federal
regulation. However, such structures shall be considered nonconforming if such structure is in
conflict with these regulations.
E. An aviation easement and deed declaration, which 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.
. 0l. gil ._Leial Provisions For Ncw Air €arts Hcli oras And 1Landin Fields
All new airports, heliports, or landing fields shall be designed so that the incidence of aircraft passing in
the vicinity of preexisting dwellings or places of public assembly is minimized. They shall be located so
that air traffic shall not generate more than fifty-five DNL as measured at the property line and shall not
be located in close proximity to incompatible land uses as defined in this Title. The proponents shall show
that adequate controls or measures will be taken to reduce noise levels, vibrations, dust or bright lights, as
required by federal, state, county, and city regulations.
227
�r�mttx win irowro�im...
WSDOT LAND USE
H.1 INTRODUCTION
The land surrounding the Yakima Air Terminal/McAffister Field (YKM) is a mixture of
residential, commercial, industrial and undeveloped property in three distinct political
jurisdictions, the City of Yakima, Yakima County and the City of Union Gap. Figure H-1 shows
the current situation.
It is recognized that incompatible development around an airport results in potential adverse
consequences to airport safety, efficiency, operation, and economic viability. In addition,
development near an airport may reduce property available for aviation operations and safety
areas. Incompatible development in the vicinity of an airport has been shown to have the
following negative consequences on both the community and the airport:
• It reduces the public's access to air transportation.
e It reduces the value of public investment in airport facilities, both currently and in the
future.
It creates a situation where opportunity for economic development within the community
is reduced.
An overall reduction in the quality of life for people living in residential developments
that have been located in incompatible areas results from noise and other airport impacts.
To assure that YKM remains compatible with development in the City of Yakima, Yakima
County and the City of Union Gap, a range of critical factors must be considered, particularly
focused on the interactions that occur between the airport and the neighborhoods. These are
focused on;
1. Noise: Using the DNL65db noise contour for the year 2030 as generated in the airport
master plan the analysis addresses potential impacts that could be disruptive to land use
activities.
2. Airspace protection: The airspace surfaces identified in the FAR Part 77 Imaginary
Surfaces for the ultimate airport layout as shown on the Airport Layout Plan Sheets 3
through 7 are used to assess the areas required for safe airport operations.
Yakima Air T e r m i n a l /McAllister Field Master Plan
Page I H-1
Appendix H ♦ WSDOT Land Use
a
Yakima Air Terminal/McAllister Field Master Plan
—2 I Page
I
1k
a
Yakima Air Terminal/McAllister Field Master Plan
—2 I Page
A p p e n d i x H ® W S D OT La n d Use
1. Safety: A series of safety zones referenced in the WSDOT report "Airports and
Compatible Land Use Guidebook" are used to consider the consequences of potential
accidents in the airport area.
Q
At present, aircraft operations at YKM do not generate much noise since most are conducted by
small, piston powered aircraft and noise levels exceeding DNL 65 are contained on airport
property both today and in the 20 -year future. Therefore, the airport's noise impact on the
surrounding communities will not change as a result of the recommended improvements.
Airspace Protection
Height restrictions around the airport are defined by FAR Part 77, Objects Affecting Navigable
Airspace. The Part 77 Surfaces surrounding YKM have been discussed and defined previously in
Chapter 6. These drawings illustrate the airspace that needs to be kept clear of obstructions,
including objects of natural growth, man-made objects, and terrain to assure safe, all-weather
operations.
Safety
The Washington State "Airports and Compatible Land Use Guidebook" provides guidance for
identifying Airport Safety Zones near airports. These zones are based on the airport's runway
system and associated activity. The objective is to preclude development of non -compatible land
uses in locations that statistically, account for potential impacts of aircraft flight including noise,
airspace, vibration, odor, and annoyance.
The six zones include;
Zone 1— Runway Protection Zone — This zone encompasses the runway protection zone (RPZ)
at the end of each runway. Also included in the zone are the strips of land immediately adjacent
to the runway where FAA standards preclude structures. Zone 1 is where the greatest
concentration of accidents take place.
Zone 2 — Inner Approach/Departure Zone — This zone wraps around and extends beyond
Zone 1 along the runway centerline. Next to the RPZ, it represents the area where the risk of
aircraft accidents is the greatest. On departure, aircraft are typically at full power in the initial
phase of climb. On approach, they are at low altitude as they prepare for landing.
Zone 3 — Inner Turning Zone — This zone is a wedge-shaped area lying along the sides of Zone
2. It is primarily significant where most of the flights are visual. When operating visually,
Yakima Air Terminal/McA11ister Field Master Plan
Page I H-3
Appendix 11 s i1'SD®T La nd Use
departing aircraft may begin turning over this area to fly toward their destination or to remain in
the traffic pattern. Arriving aircraft often overfly this area as well, especially if they are flying a
tight pattern. One type of accident known to occur in this area is a low -altitude stall- spin that
can happen if a pilot attempts to make too tight of a turn.
Zone 4 — Outer Approach/Departure Zone — This area lies beyond Zone 3 along the extended
runway centerline. Aircraft flying straight out or in overfly this area at low -altitude. The zone is
particularly significant on runways where much of the operations are on instrument procedures
and at busy airports where elongated traffic patterns are common. The risks in this area are
moderate, but less than in Zones 1 through I
Zone 5 — Sideline Zone — Lying in narrow bands along each side of the runway, aircraft do not
normally fly over the sideline zone. The principal risk is from aircraft that lose directional
control while landing or just after takeoff. The risks are lower than in Zones 1 through 3 and
similar to those of Zone 5.
Zone 6 — Traffic Pattern Zone — The final zone contains the remainder of the airport
environment where aircraft fly as they approach and depart the airport or are engaged in flight
training. In area, Zone 6 is typically larger than the other zones combined. A substantial
percentage of accidents take place here, but they are scattered over the large area.
These Safety Zones applied to the YKM are depicted on Figure H-2.
Yakima Air Terminal/McAllister Field Al a ste r Plan
H-4 I Page
Appendix 11 o WSDOT Land Use
The recommendations on the compatible and non -compatible land use activities within each of
the zones are presented in the following tables. Community land use is shown overlaid with the
Safety Zones in Figure H-3.
Yakima Air Termina I/Til cAllisle r Field Master Plan
rage I H-5
I
aM
RUMMYPrA 9CnZOME
.
MMEMaAFErr EOW
4
OutERaAFEfrmME
5
ODEIAEEAFET'ZOME
IVVVq CPArnmzOME
The recommendations on the compatible and non -compatible land use activities within each of
the zones are presented in the following tables. Community land use is shown overlaid with the
Safety Zones in Figure H-3.
Yakima Air Termina I/Til cAllisle r Field Master Plan
rage I H-5
Appendix H 0 VVSDOT Land Use
Table H-1: Washington State Guidelines for Accident Safety Zones
Yakima Air Terminal /McAllister Field Master Plan
H-6 I Page
Compatibility Zones
Zone 1
Zone 2
Zone 3
Zone 4
Zone 5
Zone 6
A.
Resource Operations
1.
Agricultural (Commercial)
Agriculture, horticulture, general farming
P
P
P
P
P
P
(crops only, not feedlots and stockyards)
Agricultural building
L
L
P
P
P
P
Agricultural chemical sales/storage
X
L
P
P
P
P
Agricultural Housing/Farm labor
X
X
L
P
L
P
Agricultural housing/farm labor
X
X
L
P
L
P
Agricultural market
X
X
P
P
X
P
Agricultural related industries
X
L
P
P
P
P
Animal husbandry
X
L
L
L
X
P
Agricultural feeding operation or Stockyards
X
X
X
X
X
X
Agriculture or food processing facility
X
L
P
P
L
P
Livestock auction
X
X
X
L
X
P
Fairgrounds
X
X
X
X
X
P
Floriculture, aquaculture
X
L
P
P
P
P
Fruit bin sales/storage
X
L
P
P
P
P
2.
Forest (Commercial)
General forest silver culture
LL
P
P
P
P
Forest product processing
X
L
P
P
P
P
3.
Mining/Refming/Offsite Hazardous Waste Treatment
Asphalt paving and roofing materials, rock crushing
X
X
L
L
L
P
Mining including sand and gravel pits
X
L
L
L
X
P
Stockpiling of earthen materials
X
L
L
L
X
P
B.
Rural Development
1.
Rural Residential
Single-family dwelling (large lot, 5 acres or greater")
X
L
L
P
X
P
Single-family dwelling, rural centers
X
X
L
L
X
L
Residential Cluster Development, 40% open
X
X
LSC
X
X
P
Multi -family dwelling
X
X
X
X
X
P
Temporary farm housing
X
X
P
P
L
P
Yakima Air Terminal /McAllister Field Master Plan
H-6 I Page
2. Rural Centers
Zone 1
Zone 2
Compatibility Zones
Zone 3 Zone 4 Zone5:�Zone
6
Single-family dwelling; up to 12 dwelling units/acre
X
X
L
L
X
L
TWo - Four family dwelling (duplex) (*)
X
X
X
X
X
L
Multi -family dwelling; 12-20 units/acre
X
X
L
X
X
p
21+ units/acre
X
X
p
p
X
p
Agriculturelforest/mineral resources or industry
(see item A)
Community services (see item D2)
Retail and commercial service (see items D4 & D5)
Industrial/manufacturing (see item D4s & D5)
C. Education Facilities
Junior or community college
X
X
L
L
L
P
Schools, K-12 elementary, middle, senior high
X
X
. . . . . .
X
..........
X
X
X
Business school
X
L
L
L
L
P
Vocational schools
X
L
L
L
L
p
D. Urban Development
1. Residential
Single-family dwelling; up to 12 dwelling units/acre
X
X
X
X
X
L
Two - four -family dwelling (duplex)(*)
X
X
X
X
X
L
Multi -family dwelling(*): 15 or more
X
X
LSC
X
X
p
Mixed-use office/commercial/residential use
X
X
P
P
X
p
Residential development cluster 40% > open space J
X
X
L
L
X
L
Residential infill
X
X
L
L
L
p
Mobile home parks
X
X
L
L
X
L
Boarding house
X
X
L
L
L
L
Retirement homes
X
X
X
L
Ym hima Air Teri-nin a I/McAllister Field Al aster {'la as
Ya g e —7
Appendix H 4 WSDOT Land Use
Yakima Air Tea Ynjn,,i I/M cA Hisler Field N1 aster Pln n
® I page
Compatibility
Zones
Zone I
Zone 2
Zone 3
Zone 4
Zone 5
Zone6
2. Community Services
Cemetery
P
P
P
P
L
P
Churches, synagogues, temples
X
X
L
L
X
L
Community center meeting halls, fraternal
X
X
L
L
X
P
organizations
Convalescent, nursing home and group homes
X
X
X
X
X
L
Day care facilities, family in-home
X
X
L
L
X
L
Day care center
X
X
L
L
X
L
Funeral home
X
X
P
P
X
P
Police, fire stations, ambulance service
X
L
P
P
p
P
Hospital
X
X
X
X
X
X
Medical clinic
X
X
L
L
X
P
Correction facilities
X
L
L
L
L
L
Libraries
X
X
P
I P
X
P
Museums and art galleries
X
X
L
P
p
P
Zoo
X
X
P
P
X
P
3. Amusement and Recreation
Amusement park (permanent)
X
X
L
L
X
L
Bowling alleys
X
1 X
P
P
X
P
Campground
X
L
L
P
L
P
Recreational vehicle parks; short term
X
L
L
P
L
P
Drive-in theatres
X
X
L
L
X
P
Fairgrounds
X
X
P
L
L
P
Golf courses
X
L
P
P
X
P
Gymnasiums, exercise facilities
X
L
L
L
L
P
Horse racing tracks, speedways
X
X
X
X
X
X
Miniature golf courses
X
X
P
P
X
P
Movie theatres, auditoriums exhibition halls
X
X
L
L
X
P
Parks
L
L
P
P
L
P
Roller skating rink
X
X
L
L
X
P
Yakima Air Tea Ynjn,,i I/M cA Hisler Field N1 aster Pln n
® I page
Appendix li ♦ WSDOT Land Use
Y a h i m 2 Air Terminal /McAllister field Master Plan
Compatibility
Zones
Zone 1
Zone 2
Zone 3
Zone 4
Zone 5
Zone 6
4. Retail Trade and Service
Addressing, mailing, and stenographic services
X
L
P
P
L
P
Advertising agencies
X
L
P
P
L
P
Airport uses and activities commercial/industrial
L
P
P
P
P
P
Animal clinic/hospital
L
P
P
P
P
P
Antique stores
X
L
P
P
X
P
Automobile, truck, manufactured home, and travel
L
P
P
P
P
P
trailer sales
Automobile and recreational vehicle (RV) sales;
L
P
P
P
L
P
weekend
Automotive: car wash
L
P
P
P
L
P
Sales loVauto center
L
P
P
P
P
P
Parking lots and garages
L
P
P
P
P
P
Maintenance and repair shops
X
P
P
P
P
P
Paint and body repair shops
L
P
P
P
P
P
Parts and accessories (tires, batteries, etc.)
X
P
P
P
P
P
Specialized repair shops (radiator, etc.)
L
P
P
P
P
P
Towing services
L
P
P
P
P
P
Wrecking and dismantling yard
L
P
P
P
L
P
Bakery
X
P
P
P
L
P
Beauty and barber shops
X
L
P
P
X
P
Bed and breakfast inn
X
X
L
L
X
P
Boats and marine accessories
X
P
P
P
P
P
Except
Books, stationery, office supplies
Storage
P
P
P
L
P
only
Building and trade (plumbing, heating, electrical,
Storage
P
P
P
L
P
painting, etc.)
only
Clothing and accessories
X
L
P
P
L
P
Communication towers
X
X
L
L
L
L
Computer and electronic stores
X
L
P
P
L
P
Department, discount, variety stores
X
X
P
P
X
P
Drug stores (optical goods, orthopedic supplies)
X
L
P
P
L
P
Employment agencies (private)
X
P
P
P
L
P
Y a h i m 2 Air Terminal /McAllister field Master Plan
Appendix If * WSDOT Land Use
Ya kin)a Air Terynin nl/McA Hisler Field Mas teR Pin n
® I Page
Compatibility Zones
Zone 1 Zone 2 Zone 3 Zone 4 Zone 5 Zone 6
Farm and implements, tools and heavy construction
X L P P P P
equipment
Farm supplies
L
P
P P
P
P
Financial institutions
X
P
P P
L
P
Food store
X
P
P P
L
P
Furniture, home furnishings, appliances
X
P
P P
L
P
General hardware, garden equipment and supplies
X
P
P P
L
P
Grocery and convenience stores
X
L
P P
L
P
Heavy equipment storage, maintenance and repair
X
L
P P
L
P
Insurance agents, brokers, and service agencies
X
P
P P
L
P
Kennels
L
P
P P
L
P
Laundries, laundromats, and dry cleaning plants
X
P
P P
L
P
Liquor stores
X
P
P P
L
P
Lumber yards
L
P
P P
L
P
Medical and dental laboratory, offices and clinic
X
X
L P
X
P
Mini Storage
L
P
P P
P
P
Motels and Hotels
X
X
P P
P
P
Motorcycles sales/repair (including maintenance)
X
P
P P
L
P
Paint, glass, and wallpaper stores
X
P
P P
L
P
Pet stores, pet supplies, and dog grooming
X
L
P P
L
Professional office buildings for architects,
X
L
P P
P
P
attorneys, government, etc.
Rental: auto, truck, trailer, fleet leasing services
L
P
P P
L
P
Repairs: small appliances, TV, business machines,
L
P
P P
L
P
watches, etc.
Restaurant, cafe and drive-in eating facilities
X
L
P P
P
P
Service station
X
L
P P
L
P
Sporting goods, bicycle shops
X
P
P P
P
P
Taverns, bars, dance establishments
X
L
P P
L
P
Ya kin)a Air Terynin nl/McA Hisler Field Mas teR Pin n
® I Page
Appendix Ii t WSDOT Land Use
a k i m a Ai r T e r m i n a I/MeAllis ter Field Master Plan
P a '. e
Compatibility Zones
.zone 1 Zone e 5 Zone 6
5. Industry/Manufacto ring
Aircraft parts
Storage L P P P P
only
Aircraft industrial
Storage L P P P P
only
Apparel and accessories
x L P P x P
Bakery products (wholesale)
Storage L P P x P
only
Beverage industry
Storage L P P x P
only
Canning, preserving, and packaging fruits,
x
L
L
L
x
P
vegetables, and other foods
Cement and concrete plants
X
L
L
L
X
P
Chemicals (industrial, agricultural, wood, etc.)
x
X
L
L
X
L
Concrete, gypsum, and plaster products
Storage
L
P
L
L
P
only
Confectionery and related products (wholesale)
Storage
P
P
P
L
P
only
Mini storage
P
P
P
P
P
P
Product assembly
Storage
L
P
P
L
P
only
Prefabricated structural wood products and
Storage
P
P
P
L
P
containers
only
Printing, publishing, and binding
Storage
P
P
P
L
P
only
Rendering plants, slaughter houses
x
x
x
x
x
L
Rubber products
x
L
P
P
L
P
Sawmills and planing mills
Storage
L
P
P
L
P
only
Sheet metal and welding shops
Storage
P
P
P
L
P
only
Stone products (includes finishing of monuments
Storage
P
P
P
L
P
for retail sale)
only I
I
I
I
a k i m a Ai r T e r m i n a I/MeAllis ter Field Master Plan
P a '. e
Appendix 11 ♦ `VS110T Land lJse
Chart Symbols
• "L" Limited—Uses or activities that may be compatible with airport operations depending on their location, size,
bulk, height, density and intensity of use.
• "LSC" Limited Special Conditions — Development should be moved away from the extended runway centerline.
Open space should be devoted to areas that experience elevated risk.
• "P" permitted — Uses or activities that should be permitted, however, these activities should be reviewed to ensure that
they will not create height hazard obstructions, smoke, glare, electronic, wildlife attractants, or other airspace hazards.
• "X" Prohibited— uses or activities that should not be constructed near the airport.
Y a h i m a Air Te r et i n al/McAllister F'i e l d ASI a s t e r Plan
®12 j Page
Compatibility
Zones
Zone 1
Zone 2
Zone 3
Zone 4
Zone 5 Zone 6
6. Wholesale Trade -Storage
Warehouses
Storage
P
P
P
P P
only
Wholesale trade
Storage
P
P
P
P P
only
Storage facilities; bulk
L
P
P
P
P P
commercial
L
P
P
P
P P
mini -storage
L
P
P
P
P P
E. Transportation and Utilities
1. Transportation
Bus terminals
X
L
P
P
L P
Transportation storage and maintenance facilities
Storage
P
P
P
P P
only
Transportation brokerage offices;
X
P
P
P
P P
without truck parking
with truck parking
L
P
P
P
P P
Contract truck hauling, rental of trucks with drivers
L
P
P
P
P P
Rail, truck terminals (for short-term storage, office)
L
P
P
P
P P
Air storage and office use
Storage
P
P
P
P P
only
Railroad switch yards, maintenance, and repair
X P
P P P P
facilities, etc.
Taxicab terminals, maintenance, and dispatching
X P
P P P P
centers, etc.
2. Utilities
Power generating facilities
L L
L L L L
Utility services (substations, etc.)
L L
L L L P
Wholesale trade
L P
P P L P
Storage facilities; bulk
L P
P P P P
Commercial
L P
P P P P
Chart Symbols
• "L" Limited—Uses or activities that may be compatible with airport operations depending on their location, size,
bulk, height, density and intensity of use.
• "LSC" Limited Special Conditions — Development should be moved away from the extended runway centerline.
Open space should be devoted to areas that experience elevated risk.
• "P" permitted — Uses or activities that should be permitted, however, these activities should be reviewed to ensure that
they will not create height hazard obstructions, smoke, glare, electronic, wildlife attractants, or other airspace hazards.
• "X" Prohibited— uses or activities that should not be constructed near the airport.
Y a h i m a Air Te r et i n al/McAllister F'i e l d ASI a s t e r Plan
®12 j Page
Appendix H b 111SIDOT Land Use
All uses or activities identified herein are subject to intensity and density limitations set forth in Table F-1. Particular
attention should be given to developments that when located in combination with other permitted or limited activities may
create cumulative impacts on airport operations. All uses should be reviewed to ensure that they will not create airspace
hazards.
Source: Washington State Department of Transportation, Aviation Division, "Airports and Compatible Land Use
Guidebook", January 2011.
Based on this infornlation it is recommended that the City work with the land use and
comprehensive planning agencies to:
1. Adopt the master plan by reference into local comprehensive plans.
2. Describe airport facilities and operations, existing and future, in the transportation
inventory.
3. Discourage incompatible land uses adjacent to public -use airports.
4. Identify the airport as an essential public facility.
5. Identify the important role of airports in local and regional economic development.
Ya k i ma A i r T e r nt i n a l/149 c A 11 i s to r Field Master I' I a n
Appendix H 0 W S B ®T Land Il s e
Figure ®3® Community Land Use and WSDOT Zones
Yakima Air Termin a l / 114 c A l l i s t e r w=ield Master Plan
H-14 I Page
114,) it 7, 11 1�
R ECO III) / 1,,j 1,E
ORDINANCE NO. 2014-027
AN ORDINANCE of the City of Yakima, Washington, adopting a six-month moratorium of
the filing, acceptance, processing and issuance of development
applications and permits for, and the location of, land uses operating or
conducting mission, community center, boarding house, comprehensive
community health center, and multi-purpose community center uses
within the SCC Small Convenience Center zonina district,; exempting land
uses for which a complete building or development permit application was
pending upon the effective date of this ordinance and which constitutes a
vested right under law, or which were legally in existence at such time, or
are otherwise exempt pursuant to RCW 35.21.915; directing development
of comprehensive zoning and land use regulations pertaining to mission,
community center, boarding house, halfway house, comprehensive
community health center, and multi-purpose community center uses;
providing that the moratorium shall be in effect for six months, through
May 19, 2015; setting public hearing on moratorium for November 18,
2014.
WHEREAS, in conformance with the Growth Management Act of the State of
Washington, the City of Yakima ("City") is required to develop, adopt, implement and review a
comprehensive plan, as well as a zoning code and development regulations consistent with that
plan; and
WHEREAS, the, City has previously adopted ordinances codified at Title 15 YMC
establishing zoning districts and defining, designating and classifying land uses permitted within
such zoning districts ("Urban Area, Zoning Ordinance" or ""'U O"'); and
WHEREAS, the City has received inquiries and a request for interpretation pursuant to
Chapter 15.22 YMC, concerning whether or not a facility operated by a public agency or
nonprofit corporation, providing a variety of services for the disadvantaged, including but not
limited to temporary housing for the homeless, extreme weather shelters for the homeless,
dining or food service facilities, food banks, and health and counseling services for the
homeless and disadvantaged members of the community, should be considered a permitted
use in the SCC Small Convenience Center zoning district as a "community center" or other
analogous use; and
WHEREAS, YMC 15,02.0120 currently defines "community center as "a facility owned and
operated by a public agency or nonprofit corporation, provided the principal use of the facility is
for public assistance, community improvement, or public assembly," which definition does not
specifically include or define uses such as temporary housing for the homeless, extreme
weather shelters for the homeless, dining or food service facilities, food banks, and health and
counseling services for the homeless and disadvantaged members of the community; and
WHEREAS, in 1992 the hearing examiner issued UAZO Interpretation No. 1-92 (Examiner
No. 1925-2), with regard to a Request for interpretation submitted conceming the Union Gospel
Mission. The Union Gospel Mission proposed to relocate and develop property within the
Central Business District (CBD) and Central Business District Support (CBDS) zoning districts,
The Interpretation, issued February 27, 1992, determined that the scope of services and uses
provided by the Union Gospel Mission, including temporary housing for the homeless, dining
facilities, and provision of health and counseling services, was not adequately described within
either the definition of '"community center" and "boarding house," The proposed scope of
services and use included elements of both types of use. Consequently, the hearing examiner
adopted and defined a new use category for "Mission." The definition of "Mission" as stated by.
the hearing examiner is as follows:.
Mission means a facility typically owned or operated by a public agency or non-profit
corporation, providing a variety of services for the disadvantaged, typically including but
not limited to temporary housing for the homeless, dining facilities, health and counseling
activities, whether or not of a spiritual nature, with such services being generally
provided to the community at large.
The hearing examiner concluded that such "Mission" use would be a Class (2) use within the
CBD and CBDS zoning districts, and by subsequent Interpretation, a permitted Class (2) use
within the M-1 Light Industrial zoning district; and
WHEREAS, the hearing examiner interpretation described above did not examine
whether the "Mission" use should be deemed a permitted use in any other zoning district of the
City; and
WHEREAS, while the hearing examiner Interpretations issued pursuant to Chapter
15.22 YMC serve as precedent for permitted uses within specific zoning districts of the City as
authorized by the hearing examiner, the City Council has not amended the UA2Ca to alter and/or
adopt the hearing examiner's definition and classification of "Mission" as a permitted use in any
zoning district of the City. Such use has not been codified in YMC 15.02.020 or listed as a
specific use in Table 4-1, YMC 15.04.030; and
WHEREAS, the City Council finds and determines that, while Table 4-1 set forth in YMC
15.04.030 lists "community center" as a Class (2) permitted use in the Small Convenience
Center (SCC) zoning district, other "health and human service facility" uses such as boarding
houses, group homes, halfway, house, adult family homes, convalescent and nursing homes,
are not permitted within such zoning district; and
WHEREAS, the City Council finds and determines that more time is necessary to
research all issues associated with "Mission" uses and the uses described above, including
development or revision of appropriate definitions„ development of land use regulations
associated with such uses, research and review of applicable laws, and consideration of
appropriate zoning districts for location of such uses; and
WHEREAS, the City is currently undergoing a review of plans for development of
community facilities and improvements within the central downtown area, together with the
promotion of economic development opportunities, business and retail enhancement,
government and professional offices, parking and transportation facilities, and social service
facilities serving the downtown and the community; and
WHEREAS, the City Council finds and determines that more time is needed to develop
and implement comprehensive land use regulations governing mission uses, including
designation of appropriate zoning districts for such uses, so that regulation and location of such
uses can be, coordinated as, part of the overall development of the downtown and other zoning
districts of the City, in order to promote the general health, safety and welfare; and
2
WHEREAS, the City Council finds and determines that the current land use and zoning
codes of the City do not adequately define or establish land use regulations concerning such
Umission" uses within the SCC Small Convenience Center zoning district and other zoning
districts within the City of Yakima; and
WHEREAS, residents of the City of Yakima would be well served if the City Council and
City staff could more fully understand and address potential negative secondary effects of such
mission uses, in the form of health, safety, economic, environmental and aesthetic impacts that
these uses could impose upon neighboring properties and the community as a whole; and
WHEREAS, the City needs to review existing information on any negative secondary
effects of mission uses, and to review the City's codes and ordinances in a comprehensive
fashion to determine whether they sufficiently address the secondary effects of such uses and
appropriately balance the interests of those in need of temporary housing, shelter, food,
counseling and health services, and the service providers available to meet the temporary
housing needs, health services, food and care of such homeless people and disadvantaged
people within the community; and
WHEREAS, the City Council finds that the City's land use integrity and the state Growth
Management Act planning process will suffer significant harm unless applications for licenses,
permits and approvals for mission uses are halted until the planning process is completed; and
WHEREAS, the City Council finds that protection of the health, safety and welfare
supports establishment of a moratorium on acceptance and processing of applications for
licenses, permits and approvals, and on issuance of licenses, permits and approvals for,
"mission" uses within the SCC Small Convenience Center zoning district, with "mission uses" as
defined in UAZO Interpretation No. 1-92 (Examiner No. 192-5-2) set forth above, and including
"community center," and "boarding house" uses as such terms are defined in YMC 15.20.020,
and "multi-purpose community centers" as defined in RCW 35.59.010 and regulated pursuant to
Chapter 35.59 RCW, and "comprehensive community health centers" as defined pursuant to
RCW 70.10.020 (hereafter collectively described as "mission uses"); and
WHEREAS, RCW 35.63.200 and RCW 36.70A.390 authorize the City to adopt a
moratorium on development permits and approvals for mission uses and thereafter to hold a
public hearing on the moratorium to be held within sixty (60) days of the commencement of the
moratorium; and
WHEREAS, the City Council finds that the enactment of this Ordinance is warranted due
to the pendency of requests for interpretation of mission uses within the SCC -Small
Convenience Center zoning district and probable submission of application(s) for building
permits for such mission uses, uses for which the City Council has had no sufficient opportunity
to consider„ develop and adopt appropriate comprehensive regulation and zoning, and
WHEREAS, this moratorium is further supported by the unnecessary burden and
infringement placed on persons, nonprofit organizations and agencies desiring to process
applications for mission uses within the City of Yakima under a regulatory process that is ill-
suited to review the health, safety, environmental, zoning, infrastructure and community issues
involved in such applications; and
WHEREAS, a moratorium on the acceptance, processing and issuance of permits for
mission uses is necessary to enable the City Council to formulate a comprehensive permitting
M
process which addresses impacts, mitigation requirements, zoning for potential siting, and other
requirements and standards to protect and benefit the public interest; and
WHEREAS, the City Council authorizes and directs the City Manager to review existing
City codes and zoning regulations, further study the effects resulting from any approval of
mission uses, prepare comprehensive proposed amendments to the City codes and zoning
regulations to address the effects of such uses, to confer with community members and City
advisory commissions, including public hearing before the Planning Commission, as
appropriate, and to present recommended legislation addressing such issues to the City Council
for consideration and action; and
WHEREAS, the City Council finds and determines that a public hearing on this
moratorium should be held on November 18, 2014, whereupon the City Council may adopt
findings of fact in support of the adoption of this moratorium, or modify the terms thereof; and
WHEREAS, notwithstanding the term of six months set forth above for the moratorium
adopted herein, this moratorium may be (a) modified by the City Council in accordance with
applicable law, (b) extended for additional term(s) of six months upon action following public
hearing and adoption of findings in support thereof; (c) terminated by the City Council upon
adoption of appropriate zoning and regulatory codes; or (d) terminated by the City Council for
any reason deemed necessary or appropriate; now, therefore:
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Moratorium Established. A moratorium is imposed upon acceptance and
processing of applications for licenses, permits and approvals for, and on issuance of licenses,
permits and approvals for, "mission" uses within the SCC Small Convenience Center zoning
district, with "mission uses" as defined in UAZO Interpretation No. 1-92 (Examiner No. 102-5,-2),
and as set forth below. "Mission uses"" for purposes of this section also includes "community
center," and "boarding house" uses as such terms are defined in YMC 15.20.020, and "multi-
purpose community centers as defined in RCW 35.59.+010 and regulated pursuant to Chapter
35.59 RCW, and "comprehensive community health centers" as defined pursuant to RCW
70.10.020 (hereafter collectively described as "mission uses"), as those terms are defined and
used in the City of Yakima Municipal Code and below, and as those terms are commonly
understood:
Mission: "Mission" means a facility typically owned or operated by a public agency or
non-profit corporation, providing a variety of services for the disadvantaged, typically
including i but not limited to temporary housing for the homeless, dining facilities, health
and counseling activities, whether or not of a spiritual nature, with such services being
generally provided to the community at large.
House "Boardinghouse" or "Boarding House" means an establishment
providing
Boardin
both lodging and meals for not more than ten persons residing in the facility on
a permanent or semi-permanent basis.
Communitv Center. "Community Center" means a facility owned and operated by a
public agency or nonprofit corporation, provided the principal use of the facility is for
public assistance, community improvement, or public assembly.
4
Com rehensive Communit 1-lealth Center. "Comprehensive community health
center" means a health facility housing community health, mental health, and
developmental disabilities services, as further defined in RCW 70.10.020.
Multi- Durpose Community Center. "Multi-purpose Community Center' means the
lands, interests in lands, property, property rights, equipment, buildings, structures and
other improvements developed as an integrated, multi-purpose, public facility on a single
site or immediately adjacent sites for the housing and furnishing of any combination of
the following community or public services or facilities: Administrative, legislative or
judicial offices and chambers of any municipality„ public health facilities, public safety
facilities including without limitation, adult and juvenile detention facilities, fire and police
stations, public halls, auditoria, libraries and museums, public facilities for the teaching,
practice or exhibition of arts and crafts, educational facilities, playfields, playgrounds,
parks, indoor and outdoor sports and recreation facilities. The term multi-purpose
community center shall also mean and include walks, ramps, bridges, terminal and
parking facilities for private vehicles and public transportation vehicles and systems,
utilities, accessories, landscaping, and appurtenances incident to and necessary for
such centers, all as defined and stated in RCW 35.59.010.
Section 2 Exemption - Vested Rights, This moratorium specifically exempts any
application for
building, development or land uses for which a complete building or development
permit application was pending upon the effective date of this ordinance and which constitutes a
vested right under law, or which were legally in existence at such time, or are otherwise exempt
pursuant to RCW 35.21.915 and any mission use or use defined in Section 1 above lawfully
existing as of the effective date of this moratorium, and any other use otherwise lawful pursuant
to RCW 35.21.915.
Section 3. Public blearing. Pursuant to RCW 36.70A.390 and RCW 35.63.200, a public
hearing will be held on Tuesday, November 18,,,2014, for the purpose of taking testimony and, if
this ordinance is passed, ,adopting written findings and conclusions justifying the moratorium
established by this ordinance.
Section 4. 'Effective Period of Moratorium. The moratorium adopted by this ordinance
shall become effective thirty (30) days after passage, approval and publication of this ordinance,
and shall remain in effect for six months, through May 19, 2015, subject to adoption of findings
and conclusions as provided in Section 3 above. This moratorium shall also terminate upon the
adoption of permanent regulations governing the location, land use and regulation of mission
uses and the uses defined in Section 1 above. Notwithstanding the above, this moratorium may
be extended as provided in RCW 36.70A.390 and RCW' 35.63.200.
Section 5. Direction to Develop Comprehensive Re ulati n Crdin rice. The City
Council hereby authorizes and directs the City Manager to develop a comprehensive ordinance
regulating land uses for missions and the uses described in Section 1 above, which shall be
presented to the City Council on the earliest possible date. The City Manager is encouraged to
seek input from appropriate City staff, homeless service providers, service recipients, other
commissions and boards of the City, other governmental agencies and members of the public.
Section 6. Sub`ects for Consideration. Without limitation, the City Manager is
encouraged to consider all subjects relevant to the land uses set forth in Section 1 above,
including but not limited to: appropriate business license requirements; law enforcement effects
and needs; safety of employees, patrons and the public; compatibility with community needs;
5
appropriate or necessary zoning or siting requirements; appropriate or necessary building
requirements; and any other matter deemed necessary or appropriate to preserve, promote and
protect the general health, safety and welfare.
Section T. Severability. If any section, sentence, clause or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity of constitutionality of any other section,
sentence, clause or phrase of this ordinance.
Section 3. Effective Date. This ordinance shall be in full force and effect thirty (30)
days after passage, approval and publication as provided by law and the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this 21 st day of October, 2014.
4ki r�ll
Mica awi Mayor
ATTEST:
Ity erl
Publication Date: October 24, 201
Effective Date: November 23, 2014
Z
�'..e ,
STREET,Ile
PH LIP A, LAM 8 311 NORTH THIRD (509)248-0706
' - �...
WASHINGTON 95907
fAX: OW) 248-01071
June 9, 1995
Chris Wilson
City of Yakima
Planning Division
129 N. 2nd Street
Yakima, WA 98901
Re: UAZO INTERPRET #2-95 - UNION GOSPEL MISSION
EXAMINER NO. I95-5-27
Dear Chris:
My Examiner's decision is enclosed. The hearing was held on
June 8, 1995.
Best personal regards,
Philip A. Lamb
PAL/pi 1
Enclosure
cc: Mr. Steven Erickson w/encl.
Board of County Commissioners w/encl.
WIU,N 0
Interpretation, Class 2 }
IS DECISION
Review, and Modification of
Requested by Union Gospel Mission
EXAMINER NO. 195--5-27
The Examiner conducted a public hearing on June 8, 1995. In
addition to Mission representatives, Calvin Clark, owner of R & R
Construction, and Clarence Marshall, neighborhood property owner,
attended. The staff report presented by Joan Davenport recommended
approval of this three pronged application. The Examiner inspected
the property prior to the hearing and again after the hearing with
respect to the curb cut on North 1st Street.
S' OF DECISIt
(1) "Mission" is defined as a Class 2 use in the Light
Industrial (M-1) zone;
(2) This current proposal for extension of mission activities
into the M-1 zone is approved, subject to several conditions;
(3) This Examiner's prior decision authorizing location of
the Mission on North 1st Street is modified, deleting the bus stop
requirement and modifying the fencing requirement, which previously
required that mission activities be confined to CBDS with the M-1
land owned by the applicant fenced from mission activities.
From the view of the site, the matters contained in the
official record including the staff report, a review of both the
Yakima Urban Area Comprehensive Plan and the Yakima Urban Area
Zoning Ordinance, and from evidence received at the hearing, the
Examiner makes the following:
EXAMINER'S DECISION - 1
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF T*(1MA
POST OFFICE BOX 4
YAKIMA, WASHINGTON 39907
(509) 248-0706
A-1PA1111,9
1. -. -Ant . Union Gospel Mission.
Z. . 1300 N. 1st Street.
3• iication. Interpretation, Class 2 Review, and
modification of prior Class 2 decision. _
4. rO994- U00. Mission.
S. rren i.n a Usq.
The subject property at 1300 North First Street is zoned
CBDS, with M-1 located both west and south of the existing
facility. The site is presently improved with a building which was
constructed as a motel and has been remodeled to accommodate the
Mission. Adjoining lands owned by the Mission include a large
parcel to the west, near the railroad tracks, as well as a parcel
south of the Mission on which a warehouse has recently been
constructed.
Adjoining properties have the following characteristics:
Location Zoning Existing Use
North (across Oak St.) CBDS Restaurant
South CBDS Contractor office/warehouse
East M-1 Vacant tract, RR right of
way, light industrial
West of N. First St. CBDS Restaurant, various
w retail
6. Project Description. The staff report from the planning
division provides a good historical perspective. "Mission" was
established by interpretation as a Class 2 use in the CBD and CBDS
zones. After that original interpretation request was submitted,
it became apparent that some of the property involved was bisected
by a zoning boundary with part of at least one parcel lying in the
light industrial (M-1) zone. If that had been realized early on,
the original interpretation request would have undoubtedly asked
for similar treatment of the M-1 property. The current
interpretation request is an effort to correct that original
apparent oversight.
If the interpretation requested is granted, the Mission
has submitted a Class 2 application for expansion of their
EXAMINER'S DECISION - 2
HEARfVG EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 248-0706
activities in the.- -1 zone. Although Cuss 2 applications
typically do not generate a public lic hearing, the planning division
has forwarded it to the Examiner, as permitted under the ordinance,
for a public hearing. The proceedings have been consolidated in
order to provide an expedited and economical xevew process.
A third factor deals with the original Class 2 decision
authorizing mission activity at this site. The Yakima Gateway
.Organization appealed the Examiner's decision to the City Council.
Prior to Council action, the appeal was withdrawn as a result of a
settlement agreement entered into privately between the Mission and
the various members of the Gateway organization. The Class 2
decision required the Mission to install a transit stop on North
First Street. This was an item of concern to the opposition group.
In their agreement the Mission and the Gateway organization agreed
to delete the requirement for a bus stop. Their mutual concern was
that such a stop not become a gathering place for loiterers.
Furthermore, the city transit service already has a bus stop on Oak
Street, adjacent this property, which provides safe and effective
transit access. Since the City of Yakima is not a party to the
private settlement agreement, but through its Examiner has imposed
this requirement of a bus stop, both the Mission and Yakima Gateway
jointly request deletion of the bus stop requirement.
On a further housekeeping matter, if the Mission is
allowed to expand into M-1 property, the fence required in the
original decision between the CBDS and M-1 property should be
deleted.
7. Inte ret tion. "Mission" is hereby classified as a
Class 2 use in the M-1 zone. The definition of Mission is as set
forth in the prior Interpretation, City No. UAZO Interp #1-92,
Examiner No. I91-5-2, dated February 27, 1992.
A review of Table 4-1 of the Urban Area Zoning Ordinance
indicates that a variety of nontraditional industrial land uses are
permitted in the M-1 zone with either Class 2 or Class 2 review.
This includes facilities such as churches, community centers, day
care centers, half -way houses, hospitals, correction facilities,
EXAMINER'S DECISION - 3
HEARING EXAMItER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 248-0706
libraries, and .schools. X mission is consistent with these types
of uses. In addition,, the February 27, 1992 interpretation is
adopte=d and incorporated herein by reference.
S. glass 2_.Rev ow.
8.1 o aced Rita lan. This proposal includes
relocation of 25 parking spaces from the area south of the main
building complex to the M-1 zone west of the complex, approval of
,a loading dock and automotive shop west of the main complex;
installation of six parking spaces for other oversized vehicles,
with water and sewer connections; and approval of future basketball
court, open space and other play field areas in the M-1 portion of
the property.
A warehouse has recently been constructed in part of the
M-1 property. To the extent that that facility needs Class 2
review and approval, it is clearly consistent with Mission
activities, compatible with the area, and is hereby approved. It
was built pursuant to a simple building permit because warehouse
activities are permitted as a matter of right in the M-1 zone,
regardless of the characterization of the warehouse's owner. For
instance, a hotel or retail facility could build a warehouse in the
M-1 zone.
The warehouse will be serviced by a loading dock, and
will be adjacent to a shop which is planned to be used for
maintenance and repair of Mission equipment and vehicles. No
client vehicle repair is requested, and none is authorized by this
decision. The shop and loading dock meet all zoning ordinance
standards for building height and setback.
Six recreational vehicle parking spaces are proposed west
of the southwest corner of the existing complex. These will be
immediately west of the new paved parking spaces relocated from the
south side of the alley. These spaces are requested in order to
accommodate volunteers who volunteer their services
at the Mission. Limited recreational vehicle parking, for Mission
volunteers, is consistent with the scope of activities typically
experienced by a mission. The Mission is not requesting, and will
EXAMINER'S DECISION - 4
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKMA, WASHINGTON 98907
(509) 248-0706
not receive, approval for a large or commercial recreational
vehicle park. These parking facilities are ancillary,, to the
Mission and its activities. They will be provided with water and
sewer connections, installed prior to paving the new parking lot
immediately east of -these six spaces. -
The city has recommended that the RV spaces be paved.
The applicant requests gravel. The zoning ordinance requires
_pavement or other approved surfacing. In this instance, the volume
of vehicle movement is expected to be very low. Gravel, and
perhaps seal coating as necessary, is expected to be sufficient to
control dust, and provides better accommodation for on-site storm
drainage control. The RV parking area will be fenced, but need not
be view obscuring.
A related issue is treatment of the alley terminus, which
currently ends at the west property line of R & R Construction.
City recommendations suggest extension of the alley and creation of
a hammerhead turnaround to accommodate emergency vehicle movements.
A practical alternative is to require a turnaround area
at the end of the alley to be included in the fenced area, and
gravel consistent with the RV spaces. This is an industrial area.
Turning movements of heavy vehicles, including fire trucks, need to
be accommodated, but graveled surfaces, seal coated as necessary,
should be adequate to accommodate the relatively low volume of
traffic expected at this alley terminus.
Resurfacing of the alley is already required pursuant to
the original Class 2 decision.
The other alley, on the west side of the property,
running north to Oak Street, is not intended to be utilized by the
Mission and therefore need not be improved by the Mission.
8.2 Fencing. Mission activities on their M-1 property
will be fenced as the property is developed to accommodate those
activities. At some point a basketball court may be developed
adjacent to the west alley. At that time, that portion of the
Mission property will be fenced with six foot high non -view
obscuring fencing. At that time also the existing masonry block
EXAMINER'S DECISION - 5
HEARWG EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
vail parallel to Oak Street ' wi11 be ,:-extended, tai the alley.
Similarly, when play fields are developed on the M-1 property, they
will be appropriately fenced. Until such development occurs there
is no fencing requirement. The previously required fence to be
iocWted on the M-1/CBDS zoning boundary at -the rear (west side) of
the existing complex is no longer required. The existing masonry
wall on the west side is sufficient.
8.3 The bus stop, Condition 3(D) of the
original Class 2 decision, is hereby deleted. The existing curb
cut and approach apron, located between the curb and the existing
sidewalk, shall be removed and replaced with standard barrier
curbing consistent with the rest of the street.
9. Environmental Review. This project is exempt from SEPA
review under the flexible threshold for categorical exemptions
established in YMC §6.88.070. Previous SEPA review was conducted
on the structure and parking areas approved under the prior 1992
site plan.
10. li.c Notice. Public notice of the hearing was provided
in accordance with the ordinance.
From the foregoing Findings, the Examiner makes the following:
w 1![#JWJ
1. The Examiner has jurisdiction.
2. Mission, as defined by previous interpretation, is
classified as a Class 2 use in the Light Industrial (M-1) zoning
district.
3. The Class 2 application is approved subject to the
following conditions:
A. A total of 82 parking spaces are required, some of
which may be located within the M-1 zoning district as reflected on
the site plan. All 82 spaces shall be hard surfaced, with
appropriate storm drainage designed to the satisfaction of the City
Engineer.
EXAMINER'S DECISION - 6
HEARING EXAMINER
FOR THE
CIT' AND COUNTY OF YAKIMA
POST OFFICE 80X 4
YAKMA. WASHINGTON 98907
(509) 248-0706
S. Eix oversized parking spaces N as reelected an the
s to plan, ahall be created for temporary recreational vehicle
parking. All six spades shall be sere*ced with water, sewer, and
electrical connections. The spaces may be graveled, and seal
coated as necessary. These spaces shall= be fenced, with the
fencing designed to include a turnaround at the west terminus of
the east/west alley. This terminus area shall also be graveled and
serve in lieu of a formal cul-de-sac or hammerhead turnaround.
C. The perimeter of the Mission site under actual use
shall be fenced. Future development of play fields or basketball
courts will be permitted without subsequent review, all as
indicated on the site plan, provided the areas are fenced with
appropriate gates.
D. The shop, loading dock, and warehouse are approved
as shown on the site plan subject to the condition that no client
vehicle maintenance or repair shall be permitted, except on an
emergency basis.
E. The prior Class 2 decision, dated October 19, 1992,
is hereby amended to delete Condition 3(D), page 32 of that
decision. The existing curb cut and approach apron between the
curb and existing sidewalk shall be replaced with standard barrier
curb consistent with existing curbing.
F. The fencing condition contained in the original
Class 2 decision, Condition 3(E), is also deleted. This condition
prohibited Mission use of M-1 property, and required all M-1
property to be fenced, prohibiting access from the CBDS property.
Class 2 approval of proposed Mission activities on M-1 property
negates the need for this prior condition.
4. A final site plan, which includes the items shown on the
original site plan, the additions or modifications required by this
decision, and demonstrating compliance with the Urban Area Zoning
Ordinance, shall be submitted to the Planning Department prior to
issuance of a certificate of zoning review or building permit,
pursuant to YMC 15.12.050.
EXAMINER'S DECISION - 7
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKMA. WASHINGTON 96907
(509) 246-0706
S. ThLs decision tii 1 s cant to,a Certificate
zoning Review, i. valid for one year from the date of
issuance of the Certificate.
time only for up to one additionalapplication 1
termination ® all as set forth in YMC 15.12.060.
DATED this �' _ day of June, 1995.
PHILIP A. $
Hearing Examiner
EXAMINER'S DECISION - 8
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKMA
POST OFFICE BOX 4
YAKMA. WASHINGTON 98907
(509) 248-0706
The following terms and conditions were negotiated between
representatives of the Union Gospel Mission (UGM) and Yakima
Gateway Organization (YGO) with regard to relocation of UGM on
North First Street, Yakima, Washington.
This document sets forth the agreement of the parties. These terms
are in addition to those required by the City of Yakima staff and
Phil Lamb, the City Hearing Examiner.
1. Withdrawal of A2peal. YGO will withdraw its appeal of the
Hearing Examiner's decision allowing UGM to relocate on North
First Street. The notice of withdrawal will be transmitted to
City of Yakima Planning Department and City Attorney, and
shall include a specific recitation that the subject appeal is
withdrawn and YGO does not authorize anyone else to pursue
such appeal on its behalf.
2. Future Development. With.respect to future development, UGM
and YGO agree as follows:
(a) Schematic Plan. A schematic plan for future development
of UGM is attached hereto as Exhibit A. YGO agrees that
th.e new Mission location and future development of such
property in substantial accord with the attached
schematic plan and designated uses is approved and
acceptable to YGO. Any such future development shall be
further subject to such modifications as required by City
of Yakima.
(b) Reguest for Class (3)_.Review. UGM and YGO shall jointly
request the City of Yakima (and any other necessary
governmental entities) to designate "Mission" as a Class
(3) use within the M-1 zoning district. YGO and UGM
agree that such classification and review process shall
not be applicable to future development in accordance
with the attached schematic plan. Class (3) review shall
be applicable only to uses or developments above and
beyond those contemplated on the schematic plan.
3. Restrooms. UGM agrees to provide a restroom to the general
public, 24 hours per day, seven days a week, subject to
SETTLEMENT AG REEM ENT 1
jc-c:\date\zoning\mission.sa
reasonable restrictions to insure safetyu i , such
restrictions shall not include locking eithero
access to restrooms.
4. Access. Client access fo -the property, current and future,
shall be restricted to the southside alley entrance designated
by Hearing Examiner. The First Street entrance will be for
administrative and staff purposes only. There shall be no
access from Oak Street except for delivery or services to the
subject property.
5. Board of Directors. The UGM Board of Directors will provide
a half-hour time slot at the beginning of each monthly board
meeting for a YGO liaison/representative of their choosing (or
additional members) to attend in order to facilitate
communication 'between the two organizations and allow them to
work closer together on future development needs of the area.
YGO shall notify UGM three (3) days in advance of their
interest in attending a board meeting.
6. Break Room. UGM will provide a reading/day room between the
hours of 7:00 a.m. and 8:00 p.m. Clients will be allowed to
stay on the UGM property as long as they adhere to UGM rules.
7. R & R Construction Sign. As a good neighbor effort, UGM will
provide a sign easement, for a sign of not more than nine (9)
square feet, on North First Street for R b R Construction,
subject to approval as to design by UGM.
8. Si nage. UGM will place only one major sign on North First
Street. The existing sign will be removed and replaced with
a smaller sign mounted lower to the ground on a landscaped
mound with lighting. The sign will be designed to have an
instituticnal appearance and will be approximately three feet
high and twelve feet wide. Verbiage on the sign will display
"UGM Ministries" in large letters and "Union Gospel Mission"
in smaller (approximately 4") letters along the bottom. The
UGM will allow YGO to review the sign design prior to sign
installation.
9.. Wall. UGM will repair and maintain the six-foot fence
indicated on its schematic plan, as well as construct and
maintain the 100' wall required by Hearing Examiner in a
manner architecturally consistent with facility design.
Security booths and fences as indicated on said schematic plan
will be constructed and maintained. All clients (except
SETTLEMENT AGREEMENT 2
jcc-c:\data\soning\a`ssion. sa
"program" participants) will be prohibited from occupying the
facility until said walls are constructea and/or repaired.
All future expansion (see schematic plan) will be enclosed by
a six-foot chain-link or 'superior fence. The fencing shall be
applicable to areas marked in blue on the attached schematic
plan. Any fencing adjoining commercial or residential areas
(as marked on the attached schematic plan in yellow) will be
site -screened chain-link or superior fence. Fencing marked in
pink will be erected at the time the contiguous UGM property
is used and developed. All other fencing with respect to
future expansion shall be required at the time of such future
use and expansion. Existing fencing which may be utilized is
marked in green.
10. Shuttles. Two scheduled shuttles per day offering transporta-
tion for clients to designated spots in Yakima will be
provided by UGM. Said shuttle will also be available for
individual trips as determined by UGH staff and will be pro-
active in offering rides to clients observed along its route.
Said shuttle will operate for a minimum of one year.
11. Transit. UGM will join YGO in a request to the Hearing
Examiner and Yakima City Council that the proposed bus turn-
out and bus stop planned for the First Street side of the
facility be eliminated.
12'. Security. A minimum of one uniformed night security guard
will be provided by UGM to make hourly patrols of the exterior
of UGM property and will stay in radio communication with the
Yakima Police Department and neighboring properties (with
property owner approval).
13.Landscaping. The exterior of the property along North First
and Oak will be beautified and maintained by UGM.
14. Alarms. All exterior exits will be alarmed. UGM will
investigate feasibility of alarming individual rooms within
facility.
15. Qccu ani. No more than 260 residents may occupy the facility
at any given time, unless otherwise reduced by City of Yakima
Fire Code provisions, or in the event of public crises or
emergency.
SETTIEMENT AGREEMENT 3
Jcc-c:\data\Uminq\sission-$A
16. olic. UGM will join YGO in requesting City of Yakima Police
tc increase car and bicycle patrolling of the North First
Street area.
m . Proclamation. Uri will join YGO in requesting the Yakima City
Council and Mayor of Yakima proclaim North First Street area
as a Gateway to Yakima.
18. Sign tors to A re,ement. This Agreement represents a contrac-
tual relationship between' Union Gospel Mission and member
signators of Yakima Gateway Organization. YGO signators shall
execute this Agreement and the original shall be maintained in
the offices of their counsel, Jerome R. Aiken of Meyer,
Fluegge & Tenney, P. S. , 230 South 2nd Street, Yakima, Washing-
ton, 98901. The signators shall be disclosed only to James C.
Carmody of Velikanje, Moore & Shore, Inc., P.S., 405 East
Lincoln Avenue, Yakima, Washington, 98901 (counsel for UGM),
and to UGM officers and the Executive Committee of the UGM
Board. It is agreed that James C. Carmody and UGM shall not
disclose the names of such signators to third parties except
as necessary to proceed with legal enforcement actions
hereunder.
19. Attorne 's fR2_S- Should it be necessary for either party to
invoke the aid of a court to enforce the terms of this
Agreement, the prevailing party therein, in addition. to costs
allowed by law, shall recover a reasonable sum as attorney's
fees, -all of which the other party agrees to pay.
10. Mutual Cooperation. All signators to this Agreement, for both
YGO and UGM covenant and agree to implement and comply with
the spirit and intent of this Settlement Agreement in good
faith.
YAKIN
By
SEITIEMENT AGREEMENT 4
jcc-c:%data\zoning\miSO, iOn.na
UNION GOSPEL MISSION
C. Phillips
517 Aw e*
OTHER SIGNATORS
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rx'"r��:L11
SETTLEMENT AGREEMEKT 5
cc-:\aSt zrt ua S ��
B�,
'S;OIN6-Z4J
Cable TV ............................- _;75-609=
Code Administration.... _- 575.6121
Housing ..........................-.._ 575-6101
Planning ..... 575-611;
DEPARTMENT OF COAIMUNITY & ECONOMIC DEVELOPMENT
129 NORTH SECOND STREET
CITY HALL, YAKIMA, WASHINGTON 98901
(509) 575-6113 SCAN .178-6113 FAX 575-6105
NOTIFICATION OF HEARING EXAMINER
DECISION
On February 27, 199'2, the Yakima Hearing Examiner rendered his
decision on the use interpretation concerning the Union Gospel
Mission, CAZO lnterp. 1-92. The request was reviewed at a public
hearing held by the Hearing Examiner on February 13, 1992.
A copy of the Hearing Examiner's Findings and decision is enclosed.
Any part of the Hearing Examiner's decision may be appealed. Such
appeal shall be filed within fourteen (14) days Wowing the date of
hailing of this notice and shall be in writing on forms provided by
the Planning Division.
For further information or assistance you may contact Joan
Davenport, Supervising Associate Planner, City of Yakima Planning
Division located on the 2nd floor of Yakima City Hall, (1.29 North
Second Street), 575-6164.
Don S. Skone
Planning Manager
Date of mailing: 2/28/92
Request for Interpretation )
Re ONION GOSPEL MISSION )
as a Use in the Central )
Business District and Central )
Business District Support )
Zones. )
ZXKXINERIS INTERPRETATION
City No. OAZO-INTERP . 01-92
axminer No. 1925^2
Y -34C ga d. Mr. John Puccinelli, owner of a downtown
restaurant, through his attorney has requested a use interpretation
concerning the Union Gospel Mission. The City of Yakima referred
the request for an interpretation to this Examiner.
uadi Bio YMC 15.22 governs interpretations by the
Hearing Examiner. Section 15.22.030 permits the Examiner at his
discretion to conduct a public hearing. Due to a request for
public input and to present arguments directly to the Examiner, a
publi,c hearing was conducted February 13, 1992.
DecisiO . The combination of uses typified by the Yakima
Union Gospel Mission shall be characterized as a "Mission," subject
to Class 2 review in the Central Business District (CBD) and
Central Business District Support (CBDS) zones.
Mission means a facility typically owned or operated by a
public agency or non-profit corporation, providing a variety of
services for the disadvantaged, typically including but not limited
to temporary housing for the homeless, dining facilities, health
and counseling activities, whether or not of a spiritual nature,
with such services being generally provided to the community at
large.
no ice.
1,actu c' oun The Union Gospel Mission,
(Mission herein) is interested in relocating, which has generated
concern by potentially affected landowners as to the appropriate
EXAMINER'S INTERPRETATION - 1
REARM EXAMNER
FOR THE
CRY AND COUNTY OF VAKIM
POST OFFICE BO= 4
YAKMA. WASHNGTOA 9690
i!M• � •e I��K
standard of legal review and the level of public comment required
by the Urban Area Zoning Ordinance. The purpose of this
interpretation is to review the nature of the activities conducted
by the Mission, and determine whether those activities fit within
any existing use classifications of -the Zoning ordinance. If not,
then a new use will be established and defined, with a specified
level of review.
The Mission is a non-profit corporation providing a range of
services. It has served the Yakima area for 56 years and has
always been located in downtown Yakima.
The Mission's primary purpose is the provision of spiritual
and material support for those in need. In the past year it has
served over 140,000 meals in-house; provided nearly 2,000 boxes of
food to the community; provided clothing and other staples; as well
as operating two dental clinics, a foot clinic, and providing
showers and similar facilities. These services are all provided on
a non-residential basis and constitute a substantial portion of the
services provided by the Mission. The Mission also provides
residential facilities. Within the existing facility typically 20
to 30 men and women are provided shelter in times of need. The
Mission also provides spiritually oriented assistance to those
having difficulty in coping with difficult situations, such as
divorce, alcohol, drugs, etc.
The Mission also operates a youth center consisting of a
17,000 square foot building located at 4th and Spruce. The center
provides programs for 50 to 70 children each day, including Girl
Scouts, Boy Scouts, boxing, crafts, and basketball.
Information in other applications for relocation submitted by
the Mission describe the proposed use as providing food and lodging
facilities for homeless men and families; drug and alcohol
rehabilitation; ministry, and related services. Proposed
facilities have included a dormitory and family shelter, dining and
EXAMINER'S INTERPRETATION - 2
HEARING EXAMINER
POR THE
CRY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
kitchen facilities, auditorium, gymnasium, and maintenance/repair
shops.
It is the residential aspect of the facility, providing
temporary housing to the homeless, those in need, and those
displaced by personal or natural disasters, which generates the
most concern by potential adjacent property owners. The Mission -
provides a flexible response to community needs. Depending upon
its prospective location, the residential aspect of the program
could be significantly increased, as reflected in the evidence
concerning the proposed Terrace Heights location, in which
temporary residential facilities for perhaps 200 individuals were
contemplated. As in any business, the current facilities obviously
constrain the scope and extent of services which can be provided.
One of the Mission's primary objectives is to provide
spiritually oriented assistance to help others help themselves.
Accordingly, those receiving the benefit of temporary housing at
the Mission are not allowed to stay in the Mission during the day,
and are expected to use that time to seek employment and other
assistance.
O d aAM. In prior applications the Mission
has been treated by both City and County Planning staff as a
"community center." Under this recognized use category in the
zoning ordinance, the Mission received approval in 1986 to relocate
in the Holtzinger Building, near its present location. At that
time the zoning ordinance treated a community center as a Class 2
use in the CBD zone.
In 1991 the County processed an application by the Mission to
relocate in Terrace Heights as a community center, which is a Class
2 use in that Light Industrial zone due to the floodplain.
The zoning ordinance designates certain uses in UAZO Table 4-
1. The table also specifies which of three levels of review apply
to a given use.
Class 1 uses are permitted in a zone, provided that the
EXAMINER'S INTERPRETATION - 3
HEARING EXAMINER
FOR THE
CRY AND COUNTY OF YAK lb
POST OFFICE BOX 4
YAK*AA. WASHINGTON 989[
standards for that zoning district are met. Clasp 2 uses are
generally permitted in a given zone, but compatibility between a
Class 2 use in the surrounding environment cannot be determined in
advance and occasionally a Class 2 use may be incompatible at a
particular location. Class 2 uses are reviewed by an
Administrative Official, with an opportunity for comment by
landowners within 300 feet. Class 2 uses can be forwarded for
Class 3 review at the discretion of the Administrative Official, or
his or her decision can be appealed to the Examiner for Class 3
review (YMC 15.04.020), which results in a public hearing.
Class 3 uses are generally not permitted in a particular zone,
but may be allowed by the Hearing Examiner after Class 3 review and
public hearing. The Examiner may approve, deny, or conditionally
approve the proposed use in order to promote compatibility with the
intent and character of the zoning district and the objectives and
development criteria of the Yakima Urban Area Comprehensive Plan
(YMC 15.04.020).
Any use which is not listed in Table 4-1 is an unclassified
use and shall be permitted only in those zoning districts so
designated by the Hearing Examiner, in which case it shall be
allowed only as a Class 2 or Class 3 use (YMC 15.04.040). The
Interpretations chapter of the zoning ordinance governs this
determination by the Hearing Examiner. The following conditions
concerning use interpretations are imposed by YMC 15.22.050: No
use interpretation shall vary the location or review requirements
of any use listed in Table 4-1. Furthermore, no use interpretation
shall permit any use in any zoning district unless evidence is
presented which demonstrates that it will comply with the intent
and development standards established for that particular zone.
The Examiner's interpretation may be appealed, in this
instance to the City Council, pursuant to YMC 15.22.070 and YMC
Ch. 15.16.
Both of the prior Mission applications afforded a chance for
EXAMINER'S INTERPRETATION- 4
HEARING EXAMINER
FOR THE
CRY ANDCOIRYTY OF YAKIMA
P06T OFFICE BOX 4
VAW uA WACL M W--TT1/J OAOf17
public participation and review, so the issue of the applicable
standard of review was not squarely met. After approving the
Holtzinger Building as a Class 2 use in the CBD under the community
center classification, the Urban Area Zoning Ordinance was amended
by the City and the County to designate community centers as a
Class 1 use in the downtown zones (CBD and CBDS). Documentary
evidence of the reason for the amendment is not part of this
record, nor is there any oral evidence in the record from any of
the elected officials involved. Any conclusions concerning
legislative intent based upon recollections of this Examiner or
Planning staff are too speculative to base an imputation of
legislative intent by others.
The Terrace Heights application in 1991 was also treated as a
community center; because a floodplain in an industrial zone was
involved, it was subject to Class 2 review. By stipulation the
Mission agreed to a public hearing in order to expedite processing
of the application, given the likelihood of appeal in any event.
As reflected in this Examiner's decision denying the application,
it was recognized at that time that there was room for argument as
to whether it was a "community center" or a "halfway house," which
is a Class 3 use in the M-1 zone at issue there. See Examiner No.
091-1-40, pg. 10. After noting that it could be treated as a
community center, a Class 2 use in that zone, or as a halfway
house, a Class 3 use in that zone, this Examiner at page 11 stated:
For purposes of analysis under the zoning ordinance: this
will be treated as a Class 3 land use, meaning that it is
subject to the highest level of review under the
ordinance. ether categorized as a Class 2 or a
Class 3 use, the Examiner is obligated to determine that
the use is consistent not only with the intent of the
zone but also that it complies both with the Urban Area
Zoning Ordinance and the comprehensive plan. (See YCC
15A.04.020(2) and (3).)
Id. at p.11. The application was denied because it did not comply
with the zoning ordinance and comprehensive plan, regardless of
whether it was a Class 2 or Class 3 use. It was unnecessary to
EXAMINER'S INTERPRETATION - 5
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKMA
POST OFFICE BOX 4
YAKMA. WASHINGTON 9e9C7
decide the class of use.
Presumably for a variety of reasons that decision was not
appealed to the Yakima Board of County Commissioners. It does not
have much precedential value, because it does not have even the
stature of a trial court decision, but it does reflect that there
has been some ongoing confusion as to the type of use involved and
the appropriate level of review. Because it was at least a Class
2 use in that zone the application did receive public review.
This zoning ordinance, and specifically its Table of Uses with
related definitions, is the best guide to resolution of this
problem. There are zoning cases on the books dealing with
categorization of missions, halfway houses, and community centers,
bat they are all unique to the specific zoning ordinance involved.
As an example, a Pennsylvania case determined that a land use
defined as a "community center" also included a "halfway house,"
which apparently was not otherwise dealt with in the zoning
ordinance. The court ruled that a halfway house, used to educate
young people and their parents to the dangers of drug use and
abuse, counseling and advising drug users and former addicts, and
for referring such people to outside sources of medical, legal, and
spiritual aid and to employment and recreational communities was a
"community center or similar use" as set forth in"the local zoning
ordinance. wi ft w o 0 o s 328
A.2d 901, 16 PA. CMWLTH. 356 (1974). That case is distinguishable
from our situation in that our zoning ordinance defines both
halfway house and community center.
In a New Jersey will contest case the definition of mission
came up. That court cited with approval an old Connecticut case in
which the court stated:
By universal ,acceptance the mord. "Missionary," whether as
a noun or adjective, embraces, not only the conception of
a religious, charitable, or educational work or worker,,
but also such a work, done through philanthropic motives,
welfare of others too poor, t unappreciative,
or e
tooindifferent todo it themselves, and by persons.
EXAMINER'S INTERPRETATION - 6
HEARING EXAMNER
FOR THE
CRY AND COUNTY OF YAK64A
POST OFFICE BOX 4
YAKNA- WASHINGTON 96907
supported or means furnished in part at -least by some
agency of which those for whom the work is done do not
form a sustaining part.
Jo s e on s
al., 14 A. 2d 490, 127 N.J. EQ. 518 (1940).
That definition, however stilted, clearly describes this
Mission's activities. That definition, and a description of this
Mission's activities, also describe a use different from either a
community center or a halfway house.
This ordinance defines community center as meaning:
A facility owned and operated by a public agency or non-
profit corporation, provided that e principal use of
the facility is for public assistance, community
improvement, or public assembly.
YMC 15.02.020, p.9.
That definition, without reference to other provisions of the
ordinance, would include all government facilities, including
juvenile detention facilities, jails, office buildings, schools,
and hospitals, all of which nevertheless have their own listing in
Table 4-1.
Halfway house is defined as meaning:
A home for juvenile delinquents and adult offenders
leaving correctional and/or mental institutions; or a
rehabilitation center for alcohol. -and/or drug users;
which provides residentially oriented facilities for the
rehabilitation or social adjustment of persons who need
supervision or assistance in becoming socially reoriented
but who do not need institutional care.
YMC 15.02.020, p.11.
This Mission does some of that. It does some of the community
center activity also. But it is not just a community center, it is
not just a halfway house. It is a combination of uses, for which
this ordinance does not provide much guidance in evaluating.
Reviewing the various uses listed in Table 4-1 is helpful.
Community centers are lumped with meeting halls and fraternal
organizations, and treated as a Class 1 use in this zone, as
compared to halfway houses which are treated as a Class 3 use.
EXAMINER'S INTERPRETATION - 7
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKMA. WASHINGTON 99907
(509) 249-0706
Detention centers are a Class 3 use in CBD and CBDS, as are
hospitals. The Mission's activities do not rise to the level of a
detention center or hospital, but they are more intensive than a
group home, which is a Class 1 use. Group homes are defined as:
A place for handicapped, physically or developmentally
disabled adults, or dependent or predelinquent children,
providing special care in a homelike environment.
YMC 15.02.020, p.11.
High density multi -family dwelling units are typically a Class
1 use in the CBD, and a Class 3 use in the CBDS, whereas the same
density of dwelling units in a planned residential development are
treated as Class 2 uses in both zones. Boarding houses are a Class
1 use in CBD, and a Class 2 in CBDS, as are retirement homes.
Boarding houses are defined as:
An establishment providing both lodging and meals, for not
more than 10 persons residing in the facility on a
permanent or semi-permanent basis.
YMC 15.02.020, p.6.
The Mission's level of activity is clearly more than a
boarding house with 10 or fewer people.
By comparison, nearly all retail uses are Class 1 in both
zones. Hotels, for instance, have almost identical activities to
the Mission, and are treated as a Class 1 use. This is consistent
with the definition of Central Business District, which:
is to preserve the Central. Business District of the City
of Yakima as the region's center of commerce, industry,
recreation and culture. This District is characterized
by very intensive development and a variety of land uses
including retail sales and service establishments, high
density residential development, financial institutions,
professional buildings and government offices.
YMC 15.03.030.10.
The definition of the CBD Support District is expanded to
accommodate both wholesale and retail activities, with some high
density residential development (YMC 15.03.020.11). Given the
focus of the zones, it is appropriate that retail uses be Class 1.
Although similar, the Mission's activities are not typically
EXAMINER'S INTERPRETATION - g
HEARNG EXAMINER
FOR THE
CITY AND COUNTY OF YAKMA
POST OFFICE BOX 4
YAKMA. WASHINGTON 98907
thought of as a traditional retail use. It has been suggested that
it is the type of user of the Mission, rather than the type of
activities, which is at the root of the problem and that this has
been treated not as a question of the appropriate land use but as
to who uses the land. Stereotypes, prejudices, and public
perceptions as to the type of clientele utilizing the Mission's
services are in fact a central part of the controversy. This city
has a legitimate public interest in fostering a downtown
environment in which retail uses can co -exist, peacefully and
prosperously, with necessary public and social services. No retail
area can long survive, regardless of the opinions of store owners,
if the public has a perception that an area is unsafe or for some
reason undesirable. It is government's obligation to develop
rational regulations which recognize and balance the legitimate
constitutional and legal expectations of the whole community.
Determining that the Mission is a specific type of use subject
to public input prior to its approval simply creates a process by
which the public can help government recognize and balance various
viewpoints. Class 2 review means, in the terms of this ordinance,
that the use is generally permitted but on occasion may be
incompatible. That can be said for practically any use in any
area. Table 4-1 indicates that many activities are subject to some
level of public review before being located in the downtown
business zones. This includes higher density planned residential
developments, which under the explicit definition of the downtown
zones is encouraged to be downtown. The point of public review is
not to discriminate or to provide a means to discriminate. In any
subsequent review of the Mission, the burden on both the public and
the government will be to review the application in a principled
manner, without succumbing to bias or prejudice, with the decision
based upon objective reasoning and logical conclusions. As
recognized by the Yakima Urban Area Comprehensive Plan, public
preference is to be considered, but public preference alone can
EXAMINER'S INTERPRETATION - 9
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAK IM
POST OFFICE BOX 4
YAKIMA. WASHWGTON 9690
15� Im . ..
r
District and Central Business District Support zones. Class 2
review is appropriate in order to determine, based upon a specific
factual circumstance, if there are any issues which present
compatibility concerns. Defining the Mission as a Class 2 use has
the effect of creating a presumption that the use is permitted, but
permits some me public review.
DATED this 27th day of February, 1992.
PI LI P A. LAMB
Hearing Examiner
EXAMINER'S INTERPRETATION - 11
NEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKMA. WASHIIYGTOf: 98907
s
FOFFICE . .. I G &H
i.
;'�. ILIPA. LAMB 311 NORTH THIRD STREET X4 609)248-0706
YAKIFd1A. WASHINGTON 98907
FAX: (509) 2"-0701
June s
1995
Chris ,
City of Yakima
�� •
Planning ` ' .ifl
129 No 2nd Street
Yakima, WA i
A
i
® - UNION GOSPEL MISSION
EXAXINER i
195-5-27
Dear Chris:
My Examiner's decision is enclosed. The hearing was held on
June 8, 1995.
Best personal regards,
�v
Philip A. Lamb
PAL/pi 1
Enclosure
cc: Mr. Steven Erickson w/encl.
Board of County Commissioners w/encl.
,I Ju " 5 ' OF YAKI A
FLANNING W.
int erp, t t ionr Class
Revive, and KodifiC&tiOU Of INTERPRETATION 2-95
Vr1or Class 2 DecisiOU,p
Requested by Union GOSP61 mission . 195-5-7
The Examiner conducted a public hearing on June 8, 1995. In
addition to Mission representatives, Calvin Clark, owner of R & R
Construction, and Clarence Marshall, neighborhood property owner,
attended. The staff report presented by Joan Davenport recommended
approval of this three pronged application. The Examiner inspected
the property prior to the hearing and again after the hearing with
respect to the curb cut on North 1st Street.
0
(1) "Mission" is def ined as a Class 2 use in the Light
Industrial (M-1) zone;
(2) This current proposal for extension of mission activities
into the M-1 zone is approved, subject to several conditions;
(3) This Examiner's prior decision authorizing location of
the Mission on North 1st Street is modified; deleting the bus stop
requirement and modifying the fencing requirement, which previously
required that mission activities be confined to CBDS with the M-1
land owned by the applicant fenced from mission activities.
From the view of the site, the matters contained in the
official record including the staff report, a review of both the
Yakima Urban Area Comprehensive Plan and the Yakima Urban Area
Zoning Ordinance, and from evidence received at the hearing, the
Examiner makes the following:
EXAMINER'S DECISION - 1
HEARING EXAMINER
FOR THE
CRY AND COUNTY OF 5'AKIM
POST OFFICE BOX J
YAKINIA, WASHINGTON 3990
(509) 248-0706
i M
1. a2u1iamt. Union Gospel Mission.
Z• at 1300 N. 1st Street.
3• ADDlication. Interpretation, Class 2 Review, and
modification of prior Class 2 decision.
4 • Proposed Use. Mission.
5. e.
The subject property at 1300 North First Street is zoned
CBDS, with M-1 located both west and south of the existing
facility. The site is presently improved with a building which was
constructed as a motel and has been remodeled to accommodate the
Mission. Adjoining lands owned by the Mission include a large
parcel to the west, near the railroad tracks, as well as a parcel
south of the Mission on which a warehouse has recently been
constructed.
Adjoining properties have the following characteristics:
lcation. Zoning Existing Use
North (across Oak St.) CBDS Restaurant
South CBDS Contractor office/warehouse
East M-1 Vacant tract, RR right of
way, light industrial
West of N. First St. CBDS Restaurant, various
retail
6. Projgct DescriplioA. The staff report from the planning
division provides a good historical perspective. "Mission" was
established by interpretation as a Class 2 use in the CBD and CBDS
zones. After that original interpretation request was submitted,
it became apparent that some of the property involved was bisected
by a zoning boundary with part of at least one parcel lying in the
light industrial (M-1) zone. If that had been realized early on,
the original interpretation request would have undoubtedly asked
for similar treatment of the M-1 property. The current
interpretation request is an effort to correct that original
apparent oversight.
If the interpretation requested is granted, the Mission
has submitted a Class 2 application for expansion of their
EXAMINER'S DECISION - 2
HEARING EXAMINER
FOR THE
CRT' AND COUNTY OF YAKIMA
POST OFFICE Box a
YAKMAA. WASHINGTON 96907
a:t ivi.t ies In the 14-.1 zone. Although Class 2 €ppb irations
typic:alli c;o not generate a public nearing, the planning division
has f^rwarded it to the Examiner, as permitted under the ordinance,
for a public hearing. The proceedings have been consolidated in
order to provide an expedited and economical review process.
A third factor deals with the original Class 2 decision
authorizing mission activity at this site. The Yakima Gateway
.Organization appealed the Examiner's decision to the City Council.
Prior to Council action, the appeal was withdrawn as a result of a
settlement agreement entered into privately between the Mission and
the various members of the Gateway organization. The Class 2
decision required the Mission to install a transit stop on North
First Street. This was an item of concern to the opposition group.
In their agreement the Mission and the Gateway organization agreed
to delete the requirement for a bus stop. Their mutual concern was
that such a stop not become a gathering place for loiterers.
Furthermore, the city transit service already has a bus stop on Oak
Street, adjacent this property, which provides safe and effective
transit access. Since the City of Yakima is not a party to the
private settlement agreement, but through its Examiner has imposed
this requirement of a bus stop, both the Mission and Yakima Gateway
jointly request deletion of the bus stop requirement.
On a further housekeeping matter, if the Mission is
allowed to expand into M-1 property, the fence required in the
original decision between the CBDS and M-1 property should be
deleted.
7. I tea re,t t on "mission" is hereby classified as a
Class 2 use in the M-1 zone. The definition of Mission is as set
forth in the prior Interpretation, City No. UAZO Interp $1-92,
Examiner No. I91-5-2, dated February 27, 1992.
A review of Table 4-1 of the Urban Area Zoning Ordinance
indicates that a variety of nontraditional industrial land uses are
permitted in the M-1 zone with either Class 2 or Class 2 review.
This includes facilities such as churches, community centers, day
care centers, half-way houses, hospitals, correction facilities,
EXAMINER'S DECISION - 3
HEARING EXAM
FOR THE
CRY AND COUNTY OF YAK"
POST OFFICE BOIL 4
YAKIMA. WASHINGTON 9890
(ero)'9AGJY7fV1
libraries, and schools. A mission is consistent with these types
of uses.. In addition, the February 27, 1992 interpretation is
adopted and incorporated herein by reference.
S. 91fiss 2 Roxier.
8't sed This proposal includes _.
relocation of 25 parking spaces from the area south of the main
building complex to the M-1 zone west of the complex, approval of
wa loading dock and automotive shop west of the main complex;
installation of six parking spaces for other oversized vehicles,
with water and sewer connections; and approval of future basketball
court, open space and other play field areas in the M-1 portion of
the property.
A warehouse has recently been constructed in part of the
M-1 property. To the extent that that facility needs Class 2
review and approval, it is clearly consistent with Mission
activities, compatible with the area, and is hereby approved. It
was built pursuant to a simple building permit because warehouse
activities are permitted as a matter of right in the M-1 zone,
regardless of the characterization of the warehouse's owner. For
instance, a hotel or retail facility could build a warehouse in the
M-1 zone.
The warehouse will be serviced by a loading dock, and
will be adjacent to a shop which is planned to be used for
maintenance and repair of Mission equipment and vehicles. No
client vehicle repair is requested, and none is authorized by this
decision. The shop and loading dock meet all zoning ordinance
standards for building height and setback.
Six recreational vehicle parking spaces are proposed west
of the southwest corner of the existing complex. These will be
immediately west of the new paved parking spaces relocated from the
south side of the alley. These spaces are requested in order to
accommodate volunteers who volunteer their services
at the Mission. Limited recreational vehicle parking, for Mission
volunteers, is consistent with the scope of activities typically
experienced by a mission. The Mission is not requesting, and will
EXAMINER'S DECISION - q
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
riot recalve, approval for a large or con�mPrc �a! recreational
vehicle park. These parking facilities are ancillary to the
Mission and its activities. They will be provided with water and
sewer connections, installed prior to paving the new parking lot
immediately east of these six spaces. -
The city has recommended that the RV spaces be paved.
The applicant requests gravel. The zoning ordinance requires
pavement or other approved surfacing. In this instance, the volume
of vehicle movement is expected to be very low. Gravel, and
perhaps seal coating as necessary, is expected to be sufficient to
control dust, and provides better accommodation for on-site storm
drainage control. The RV parking area will be fenced, but need not
be view obscuring.
A related issue is treatment of the alley terminus, which
currently ends at the west property line of R & R Construction.
City recommendations suggest extension of the alley and creation of
a hammerhead turnaround to accommodate emergency vehicle movements.
A practical alternative is to require a turnaround area
at the end of the alley to be included in the fenced area, and
gravel consistent with the RV spaces. This is an industrial area.
Turning movements of heavy vehicles, including fire trucks, need to
be accommodated, but graveled surfaces, seal coated as necessary,
should be adequate to accommodate the relatively low volume of
traffic expected at this alley terminus.
Resurfacing of the alley is already required pursuant to
the original Class 2 decision.
The other alley, on the west side of the property,
running north to Oak Street, is not intended to be utilized by the
Mission and therefore need not be improved by the Mission.
6.2 nein . Mission activities on their M-1 property
will be fenced as the property is developed to accommodate those
activities. At some point a basketball court may be developed
adjacent to the west alley. At that time, that portion of the
Mission property will be fenced with six foot high non -view
obscuring fencing. At that time also the existing masonry block
EXAMINER'S DECISION - 5
HEARING EXAMINER
FOR THE
CR`( AND COUNTY OF YAK IM
POST OFFICE BOX 4
YAKIMA. WASHINGTON 9990
wail. parallel -to Oak Street - wiil. be., , -sxtended to- the alley.
.Similarly, when play fields are developed on the M-1 property, they
will be appropriately fenced. Until such development occurs there
is no fencing requirement. The previously required fence to be
located on the M-1/ CBDS zoning boundary at_the rear (west side) of
the existing complex is no longer required. The existing masonry
wall on the west side is sufficient.
8.3 s . . The bus stop, Condition 3(D) of the
original Class 2 decision, is hereby deleted. The existing curb
cut and approach apron, located between the curb and the existing
sidewalk, shall be removed and replaced with standard barrier
curbing consistent with the rest of the street.
9' noir e tal kev"'ee°. This project is exempt from SEPA
review under the flexible threshold for categorical exemptions
established in YMC §6.88.070. Previous SEPA review was conducted
on the structure and parking areas approved under the prior 1992
site plan.
10. l c Vii. Public notice of the hearing was provided
in accordance with the ordinance.
From the foregoing Findings, the Examiner makes the following:
1. The Examiner has jurisdiction.
2. Mission, as defined by previous interpretation, is
classified as a Class 2 use in the Light Industrial (M-1) zoning
district.
3. The Class 2 application is approved subject to the
following conditions:
A. A total of 82 parking spaces are required, some of
which may be located within the M-1 zoning district as reflected on
the site plan. All 82 spaces shall be hard surfaced, with
appropriate storm drainage designed to the satisfaction of the City
Engineer.
EXAMINER'S DECISION - 6
HEARNG EXAMNER
FOR THE
C rTY AND COUNTY OF YAK IMA
POST oFF1cE Box 4
VAWrL*• WA44.NrTTNJ OAQ07
Ic Six cversited parking spaces; as reelected on the
plan, uhall be created for temporary recreational vehicle
parking. All six spares shall be serviced with water, sewer, and
electrical connections. The spaces may be graveled, and seal
coated as necessary. These spaces shall.be fenced, vit.h the
fencing designed to include a turnaround at the west terainus of
the east/west alley. This terminus area shall also be graveled and
serve in lieu of a formal cul-de-sac or hammerhead turnaround.
C. The perimeter of the Mission site under actual use
shall be fenced. Future development of play fields or basketball
courts will be permitted without subsequent review, all as
indicated on the site plan, provided the areas are fenced with
appropriate gates.
D. The shop, loading dock, and warehouse are approved
as shown on the site plan subject to the condition that no client
vehicle maintenance or repair shall be permitted, except on an
emergency basis.
E. The prior Class 2 decision, dated October 19, 1992,
is hereby amended to delete Condition 3(D), page 32 of that
decision. The existing curb cut and approach apron between the
curb and existing sidewalk shall be replaced with standard barrier
curb consistent with existing curbing.
F. The fencing condition contained in the original
Class 2 decision, Condition 3(E), is also deleted. This condition
prohibited Mission use of M-1 property, and required all M-1
property to be fenced, prohibiting access from the CBDS property.
Class 2 approval of proposed Mission activities on M-1 property
negates the need for this prior condition.
4. A final site plan, which includes the items shown on the
original site plan, the additions or modifications required by this
decision, and demonstrating compliance with the Urban Area Zoning
Ordinance, shall be submitted to the Planning Department prior to
issuance of a certificate of zoning review or building permit,
pursuant to YMC 15.12.050.
EXAMINER'S DECISION - 7
HEARING EXAMINER
FOR THE
CRY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKI.IA. WASHINGTON 9690
3.
This decision entities the � pplicant to Certificate of
3oning Review, which is valid for one year from the date of
issaance of the Certificate. a Certificate may be extended one
time only for up to one additional year by application prior to the
termination date, all as set forth in YMc 15.12.060.
DATED this day of June, 1995.
PHILIP .
Hearing Examiner
EXAMINER'S DECISION - 8
NEARING EXAMINER
FOR THE
CRY MIO COUNTY OF Y.KIMA
POST OFFICE BOX 4
an,
F1
" 0"�w
, IV
��
SETTLEMENT
•
UNION GOSPEL MISSION RELOCATION
The following terms and conditions were negotiated between
representatives of the Union Gospel mission (UGM) and Yakima
Gateway &rganizati+n (YGo) with regard to relocation of UGM on
North First Street, Yakima, Washington.
This document sets forth the agreement of the parties. These terms
are in addition to those'recuired by the City of Yakima staff and
Phil Lamb, the City Hearing Examiner.
ithd
rawal of eat. yGo will withdraw its appeal of the
fearing examiner"�s +dedision allowing UGM to relocate on North.
"first street» The notice of withdrawal will be transmitted to
pity of Yalciwa Manning laepartment and City Attorney, and
shall include a specific recitation that the subject appeal is
withdrawn and yGo does not authorize anyone else to pursue
such appeal on its behalf.
2. future Develo ment. With.respect to future development, UGM
and: YGO agree as follows:
(a) Schematic Plan. _:
developmentof UG14 is attached heretio as Exhibit A. Y'GO agrees that
th_e new HisSiOn location and future Oif such
attached
property i,n substantial accord with the
schem�
.
d uses is approved and
., w,� . - s air e;� • ..
acceptable • YGO. Any such future further subject to such modif ic�ations as required by Cityof Yakima.
(b) Re uest for Class 3 Review. UGM and YGO shall jointly
request the City of Yakima (and any, other necessary
governmental entities) to designate,mission" as a Class
(, ) use within the m-1 zoning district. YGO and UGC;
agree that such classification and review process shall
not be applicable to futu11 development in accordance
with the attached schematic plan. Class () review shall
be applicable only to uses or developments above and
beyond those contemplated on the schematic plan.
3. estrcoms.UGM grees to per day, Provide a seven days restroom
week, thegeneral
rto
public, 24 hoursP
SET-MEMENT AGREEMENT 1
jce:\data\toning\miSAion.sa
zeasonable restrictions to insure safety and security, such
restrictions shall not include locking either restrooms or
access to restrooms.
4. Access. Client access t'o the property, current and future,
shall be restricted to the southside alley entrance designated
by Hearing Examiner. The First Street entrance will be for
administrative and staff purposes only. There shall be no
access from Oak Street except for delivery or services to the
subject property.
5. Board of Directors. The UGM Board of Directors will provide
a half-hour time slot at the beginning of each monthly board
meeting for a YGO liaison/representative of their choosing (or
additional members) to attend in order to facilitate
communication between the two organizations and allow them to
work closer together on future development needs of the area.
YGO shall notify UGM three (3) days in advance of their
interest in attending a board meeting.
6. Break Room. UGM will provide a reading/day room between the
hours of 7:00 a.m. and 8:00 p.m. Clients will be allowed to
stay on the UGM property as long as they adhere to UGM rules.
7. R & R Construction Si n. As a good neighbor effort, UGM will
provide a sign easement, for a sign of not more than nine (9)
square feet, on North First Street for R 6 R Construction,
subject to approval as to design by UGM.
8.. lignaqe. UGM will place only one major sign on North First
Street. The existing sign will be removed and replaced with
a smaller sign mounted lower to the ground on a landscaped
mound with lighting.. The sign will be designed to have an
instituticnal appearance and will be approximately three feet
high and twelve feet wide. Verbiage on the sign will display
"UGM Ministries" in large letters and "Union Gospel Mission"
in smaller (approximately 4") letters along the bottom. The
UGM will allow YGO to review the sign design prior to sign
installation.
9. Wall. UGM will repair and maintain the six-foot fence
indicated on its schematic plan, as well as construct and
maintain the 100' wall required by Hearing Examiner in a
manner architecturally consistent with facility design.
Security booths and fences as indicated on said schematic plan
will be constructed and maintained. All clients (except
SEI'I1.EMEW AGREEMENT 2
JCC-e:\data\zoning\xiision.a&
. C, w
"grogram" participants) will be prohibited from occupying the
facility until said walls are conetructeo and/or repaired.
security guard
12'. e�cui:^�. A minimums of one uniformed nighpatrols of the exterior
will be provided by U to make hourly p
adio communication with the
of UGM property and will stay in r
Yakima police Department and neighboring properties (with
property owner approval).
13. a� n -g. The exterior of the property
balong -North First
and oak will be beautified and
maintainedy UGM
14. Alarms. All exterior exits will be alarmed. UGM will
investigate feasibility of alarming individual rooms within
facility.
15. g5Su arid. No more than 260 residents may occupy the facility
at any given time, unless otherwise reduced by City of Yakima
Fire code provisions, or in the event of public crises or
emergency.
SErn EMP.NT AGREEMEKr
ICC -C, \data\UMing\1,ission. sa
3
1 . Aide . UGM will join YGO in requesting City of Yakima Police
to increase car and bicycle patrolling of the North First
Street area.
17. Proclamation. UaM will join YGO in requesting the Yakima City
Council and Mayor of Yakima proclaim North First Street area
as a Gateway to Yakima.
18. Sionators to A reemet. This Agreement represents a contrac-
tual relationship between' Union Gospel Mission and member
signators of Yakima Gateway Organization. YGO signators shall
execute this Agreement and the original shall be maintained in
the offices of their counsel, Jerome N. Aiken of Meyer,
Fluegge & Tenney, P.S., 230 South 2nd;Street, Yakima, Washing-
ton, 98901. The signators shall be disclosed only to James C.
Carmody of Velikanje, Moore & Shore, Inc., P.S., 405 East
Lincoln Avenue, Yakima, Washington, 98901 (counsel for UGM),
and to UGM officers and the Executive Committee of the UGM
Board. It is agreed that James C. Carmody and UGM shall not
disclose the names of such signators to third parties except
as necessary to proceed with legal enforcement actions
hereunder.
19. Attornev"sFees. Should it be necessary for either party to
invoke the aid
of a court to enforce the terms of this
Agreement, the prevailing party therein, in addition. to costs
allowed by law, shall recover a reasonable sum as attorney's
fees, ,all of which the other party agrees to pay.
20. Mutual Cooperation. All signators to this Agreement, for both
YGO and UGM covenant and agree to implement and comply With
the spirit and intent of this Settlement Agreement in good
faith.
YAKIMA GATEWAY ORGXNIZATION UNION GOSPEL MISSION
SEiTLF-(ENT AGREEMENT
jcc-c:\data\zoning \miaaa ion. as
yz�
`73
S , M `H G R EEM ENT 5
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rim
R)RT'j-jj,,,,
Mission Time Line with SEPA
December 9, 2014
..... -_—_--__
1.
. . ............
Study Session
-- - — -------- -------------- - ---------
January 14, 2015
2,
January 16, 2015
* Notice of Application, SEPA, and
Planning Commission Public
Hearing
* 60 -day Notice to Commerce
.......... ..... . .... . . ....................
3.
Twenty (20) Day Public Comment Period
- - — - ------- - . .......... ... . .......
- ------ . . . .....
January 16 - February 5, 2015
4.
. .. . . . ......... ......
Issuance of SEPA Threshold Decision
.. . ..............
........... -
— — ---- - --- ----------------
February 9, 2015
- -------------
.
5.
. . . . . .................
SEPA Fourteen (14) Day Appeal Period
......._A. ..... . . ............ .......
February 9 - 23, 2015
. ... .......
a. Packet to YPC
. . ................ .. - - — ------
February 24, 2015 (No Later)
6.
Planning Commission Public Hearing
March 11, 2015
7.
Set date for Council Public Hearing on April
... . . . .............
April 7, 2015
21, 2015
a, Planning Commission Public
Hearing Findings and
Recommendation Written in Novus
L
i -
b. Provide Labels to City Clerk
. ......... . . . . ...
i
7 .....
8.
.
. . .. . ..........................
Clerk Provides Pub..lic Notice of Public
. ..... ....
April 10, 2015 (No Later)
Hearing Before Council
a. Council Packet Due in Novus
..... . ... ....
. .
April 13, 2015 (No Later)
... ... . .....
9.
City Council Holds Public Hearing On
April 21, 2015
Airport Overlay and Adopts Accompany
Ordinance
— - - ----- - ------- - --- --" . ......
10. Ordinance is Recorded and Published by
. .
. . .......... . ..
April 24, 2015
Clerk
11. Ordinance is Effective
May 24, 2015
Airport Overlay Development Regulation Time Line
December 9, 2014
. ........ . _1_-__.____ .... .... ................. . . . ..... -----------
1. Study Session ............ . . . .... — - — - - ----------
- ------
. ......... . ......
January 14, 2015
2. Study Session .......... _7
—
— - -- ------
January 28, 2015
- - - - -------
3. Study Session (Must have complete
— --- -----------
February 10, 2015
ordinance ready for public review and
SEPA),
4.
February 17, 2015
• Notice of Application, SEPA, and
Planning Commission Public
Hearing
• 60 -day Notice to Commerce
. ...... - - - - ---
5. Twenty (20) Day Public Comment Period
- — -------- - ---
February 17 - March 9, 2015
. ..... - --- - - ------- _ ...... . .......... .
6. issuance of SEPA Threshold Decision
. . ................
March 10, 2015
. . ......... .... .. ---- - - . . . ......... . .
7. SEPA Fourteen (14) Day Appeal Period
March 10 - March 24, 2015
a. Packet to YPC ..........
...........
March 18, 2015 (No Later)
. . .... . .... _ . ............
8. Planning Commission Public Hearing---""-"
—March'25, 2015
9. Set date for Council Public Hearing on April
— ------- . .....
April 7, 2015
21, 2015
a. Planning Commission Public
Hearing Findings and
Recommendation Written in Novus
b. Provide Labels to City Clerk
10. Clerk Provides Public Notice of Public
. .........
. .... ------
April 10, 2015 (No Later)
Hearing Before Council
a. Council Packet Due in Novus
April 13, 2015 (No Later)
11. City Council Holds Public Hearing On
-- - --------- - ----
April 21, 2015
Airport Overlay and Adopts Accompany
Ordinance
12. Ordinance is Recorded and Published by
April 24, 2015
Clerk
13. Ordinance is Effective
---- ...... .---1 --- ------- . ....
May 24, 2015