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HomeMy WebLinkAbout2009-009 Adult Businesses; YMC Addition 15.09.200AN ORDINANCE ORDINANCE NO. 2009-09 relating to the regulation of land use and development of adult oriented businesses in the City of Yakima, and adding Section 15 09.200, entitled Adult Business, to Chapter 15 09 of Title 15 of the City of Yakima Municipal Code BE IT ORDAINED BY THE CITY OF YAKIMA. Section 1 Section 15 09.200 of Chapter 15 09 of the City of Yakima Municipal Code is hereby added as a new section to read as follows "15.09 Special Development Standards Sections 15 09 010 Purpose 15 09 020 Special Development Standards For The District Overlays 15 09 030 Common Open Space Requirements 15 09 040 Zero Lot Line Development 15 09 050 Performance Standards—Emissions 15 09 060 Special Development Standards For Service Stations And Other Retail Uses Selling Motor Fuel 15 09 070 Special Requirements For Animal Husbandry 15 09 080 Special Requirements For Bed And Breakfast Inns 15 09 090 Special Requirements For Social Card Rooms 15 09 100 Private Street Review Requirements 15 09 110 Reasonable Use Accommodation Process 15.09.200 Adult Business 1509010–Purpose A. Purpose The overlays are established to coordinate the provisions established in the zoning ordinance with more detailed policies and standards adopted in other plans and ordinances Specific overlays have been established as follows Overlay District Districts or programs Greenway Overlay Yakima River Regional Greenway Plan, Shoreline Master Program Floodplain Overlay Shoreline Master Program National Flood Insurance Program (flood hazard areas) Overlays established separately in this Title Airport Safety Overlay (see YMC Ch 15 30) Yakima Air Terminal at McAllister Field Other public airport with defined airspace per FAR Part 77 Institutional Overlay (see YMC Ch 15 31) Large-scale institutional facilities with special locational needs Master Planned Development Overlay (see YMC Ch 15.28) Master Planned Development (residential, commercial, industrial or mixed-use development B Application The provisions of this Chapter shall apply when all or a portion of a development, or modification thereto, is proposed within the boundaries of an overlay 15 09 020 – Special Development Standards For The District Overlays A. Project Review in an Overlay In order to assure the appropriate standards are applied, all (1s)ord/ Class (1) uses in an overlay unless otherwise specified shall be subject to Type (2) review (YMC Ch 15 14) All Class (2) uses shalt be subject to Type (2) review and Class (3) uses in an overlay district shall be subject to Type (3) review The Administrative Official may condition or deny approval of any use, development, or modification thereto in an overlay based on the provisions set forth and adopted by this section B Special Development Standards in the Greenway Overlay All development in the Greenway Overlay shall conform to the requirements and standards of the underlying zoning district and the policies and intent of the Yakima River Regional Greenway Plan C Special Development Standards in the Floodplain Overlay All development in the Floodplain Overlay shall conform to the requirements and standards of the underlying zoning district, and the flood damage prevention ordinance adopted by the county/city Development within shorelines jurisdiction or the floodplain shall also be consistent with the county or city shorelines master program and/or the flood damage prevention ordinance D Coordination with the Shorelines Master Program If a proposed Class (2) or (3) use, nonconforming use expansion, or modification is proposed on property within the jurisdictional boundaries of the Yakima County Shoreline Master Program and is subject to permits thereof, then the proposed change shall not be subject to the procedural requirements, but shall be subject to all applicable standards If a conflict exists between the standards of the shoreline master program and YMC Title 15, the more restrictive provisions shall apply 15 09 030 — Common Open Space Requirements The following provisions shall apply whenever common open space is proposed by the developer, or when required by an Administrative Official under Type (2) or (3) review as a condition of approval A. Use The common open space may be used for recreation, shoreline access, landscaping, land use, visual, or noise buffer; drainage control, or other uses approved by the reviewing official during project review Uses authorized for the common open space shall be appropriate with the use, size and density of the proposed development and the natural features of the site Common open space shall be improved for its intended use, but common open space containing natural features may be left unimproved All structures and improvements permitted in the common open space must be appropriate with the authorized use and natural features of the common open space Common open space may be used only for those uses specified in the approved final site plan B Location The location, shape, size, and character of the open space shall be suitable for the type of project. Generally, common open space shall be 1 Located next to other open space areas, 2 Located so that it buffers the proposed development from neighboring developments, or, 3 Located to provide access to recreation facilities or Zink recreational facilities with sidewalks or paths C Retention and Maintenance The final site plan shall include a provision approved by the reviewing official assuring the permanent retention and maintenance of the common open space Such assurance may be in the form of restrictive covenants, dedication of open space to the public where such dedication will be accepted by the legislative body, a homeowner's association, or any other method approved by the Administrative Official All legal documents to carry out this requirement shall be approved by the jurisdiction's legal authority The document shall contain a provision vesting the county/city with the right to enforce the permanent retention and maintenance of the common open space and provide that in the event that common open space is permitted to deteriorate, or is not maintained in a condition consistent with the approved plan and program, the county/city may at its option (ls) ord/ cause necessary maintenance to be performed and assess the costs thereof to the owners of the property within the project. A document shall also provide for the collection of such costs by lien and/or direct civil action 15 09 040 – Zero Lot Line Development A. Purpose Zero lot line development for single-family dwellings may be permitted in order to promote efficient land use, permit a more energy efficient arrangement of structures, protect environmentally sensitive areas, or provide more usable private or community open space B Review Required Zero lot line development in subdivisions and short subdivisions approved after the effective date of this ordinance may be approved by a Type (2) review Zero lot line development may also be approved on lots created before the effective date by a Type (3) review A site plan meeting the requirements of YMC 15 11 040 or, as applicable YMC 15 11 050, shall be prepared for all zero lot line development. C Development Standards All zero lot line developments shall comply with the standards of Table 5-1, and 5-2, the provisions and the following requirements, provided, that where the standards included herein conflict with the standards established in other sections, the standards herein shall apply. 1 Dwelling Unit Setbacks a Interior Side Yard Setback Standard The dwelling unit may be placed on one interior side property line (a zero setback) The setback standard from the other side property line shall be ten feet. No structures except for patios, pools, fences, walls, and other similar elements are permitted within the required setback area. b Rear Yard Setback Standard The rear yard setback standard is ten feet. c Front and Street -side Setback Standards. Front and street -side setback standards shall be those shown on Table 5-1 2 Accessory Building Setback. Accessory buildings and structures shall observe the setback requirements for the main dwelling unit. 3 Maximum Lot Coverage The total lot coverage on a lot shall not exceed the district requirements established in Table 5-1 4 Platting Requirements Each dwelling shall be located on its own individual platted lot. The plat shall show the zero lot lines and the related easements 5 Openings Prohibited on the Zero Lot Line Side In order to maintain privacy, there shall be no windows, doors, air conditioning units, or any other type of openings in the wall along the zero lot line, except when such a wall abuts permanent open spaces or a public or private right-of-way 6 Maintenance and Drainage Easements A perpetual maintenance, eave overhang, and drainage easement at least five feet wide shall be provided on the lot adjacent to the zero lot line property line, which, with the exception of walls and/or fences, shall be kept clear of structures This easement shall be shown on the plat and incorporated into each deed transferring title on the property The wall shall be maintained in its original color and treatment unless otherwise agreed to in writing by the two affected lot owners Eaves, but no other part of any structure, may protrude across a side lot line, and such protrusion shall not exceed 18" Water runoff from the dwelling placed on the lot is limited to the easement area. 7 Common Open Space and Maintenance Facilities Any common open space provided shall comply with YMC 15 09 030 15 09 050 – Performance Standards—Emissions A. Purpose and Application The purpose of this section is to provide guidelines and general standards governing emissions and miscellaneous items covered herein for use in evaluating the impact of proposed developments and uses, or changes or alterations thereto, being considered under the terms A reviewing official, including those engaged in Type (1) review or administrative modification review may impose reasonable conditions, or in (ls)ord/ appropriate instances deny proposed developments based on the standards and guidelines set forth in this section in order to assure that permitted uses do not generate gases, fumes, heat, glare, vibrations, or store solid waste in a manner inconsistent with the intent of the district and/or incompatible with surrounding uses B Gases, Fumes and Vapors The emission of any gases, fumes, or vapors dangerous to human health, animal life, vegetation, or property is prohibited C Heat. No use shall produce heat significantly perceptible beyond its lot lines D Glare No use shall produce a strong dazzling Tight, or reflection of a strong dazzling Tight, beyond its lot lines E Vibrations No use shall cause vibrations or concussions detectible beyond its lot lines without the aid of instruments, except for vibration resulting from construction activity F Storage and Waste Disposal All materials and waste which might cause fumes or dust constitute a fire hazard, produce offensive odors, or which may be edible or otherwise attractive to rodents or insects shall be stored in closed containers and in a manner to eliminate or prevent such hazards 15 09 060 — Special Development Standards For Service Stations And Other Retail Uses Selling Motor Fuel A. Purpose The purpose of this section is to establish special site design standards for new service stations and other retail uses supplying motor fuel These standards are intended to assure that these uses are compatible with adjoining residential districts and the character of the district in which they are located B Fifty -foot Setback from Residential Districts Required Each pump island shall be setback at least 50 feet from the zoning district boundary of all adjoining residential districts Other permitted structures shall comply with the setback provisions established in Table 5-1 C Storage and Display of Vehicles Prohibited No area of any service station or other retail use selling gasoline shall be used for the storage, display, and sale or leasing of any new or used vehicle 15 09 070 — Special Requirements For Animal Husbandry A. Purpose The purpose of this section is to assure that the raising of domesticated farm animals within the urban area is compatible with adjoining residential uses and the intent and character of the district they are located in B Minimum Lot Size The minimum lot size for animal husbandry within the Yakima urban area is one-half acre A lot at least one-half acre in size shall be deemed to meet this requirement even though a portion of the lot may be used for a single-family dwelling C Project Review Animal husbandry operations, which would create noise and odors attract insects or rodents or are otherwise incompatible with surrounding residential uses or the intent of the zoning district, may be conditioned or denied by the reviewing official in accordance with the provisions of this section and YMC 15 09 070 D Minimum Setback. No portion of any structure used to house a domesticated farm animal shall be within one hundred feet of any residence other than the dwelling on the same lot. E Maximum Number of Animals The maximum number of animals that may be kept on the site at any time of the year shall be the number of animals that can be sustained by the pasture on which they are kept as their primary source of food, except during the winter months The burden of proving that the pasture can sustain the number of animals in question shall be on the applicant. F Fencing Fencing adequate to contain the animals shall be provided and maintained 15 09 080 — Special Requirements For Bed And Breakfast Inns Bed and breakfast inns shall meet all applicable health, fire, safety, and building codes Any reception hall or meeting room shall be restricted to serve no more than the total number of tenants, unless otherwise specifically authorized In addition, bed and breakfast inns shall be (ls)ord/ subject to the following requirements, except in those zoning districts where motels and hotels are Class 1, 2, or 3 uses A. Home occupation bed and breakfast inns shall be operated so as not to give the appearance of being a business and the inn shall not infringe upon the rights of neighboring residents to peaceful occupancy of their homes. Minimal outward modifications of the structure or grounds may be made only if such changes are compatible with the character of the neighborhood B Meals shall only be served to guests, even if required to be licensed as a restaurant under state regulations, except as otherwise permitted in this Title C The number of guest rooms shall not be increased through any exterior modifications or additions to the home occupation bed and breakfast. D The front yard area shall not be used for off-street parking for bed and breakfast guests unless the parking area is screened and found to be compatible with the neighborhood or unless waived by the reviewing official E One non -illuminated or externally illuminated sign not exceeding the maximum size allowed within the applicable zoning district, and bearing only the name of the inn and/or operator shall be permitted F The Administrative Official may authorize use of the bed and breakfast inn for receptions, group meetings and special gatherings based upon the size of the inn, availability of adequate off-street parking spaces, public health considerations, and compatibility with the surrounding neighborhood G No more than five lodging or guest rooms shall be allowed for home occupations 15 09 090 — Special Requirements For Social Card Rooms No social card room shall be permitted within five hundred feet of any public school, private school (meeting the requirements for private schools under Title 28A RCW), church or park, as measured according to RCW 66.24 010(9), or as the same may be hereafter amended 15 09 100 — Private Street Review Requirements Private Roads - General Requirements Private streets serving three Tots, housing units or more may be approved as an element of a Master Planned Development Overlay (YMC Ch 15.28), a Mobile Home/ Manufactured Park (YMC 15 04 150), a Condominium or within a Binding Site Plan in conformance with Subdivision requirements A. Any private road that is located in a private street subdivision shall be constructed to the minimum standard of the appropriate jurisdiction and shall be permanently retained and maintained as a private road B Private roads are the responsibility of the landowners to construct and maintain in accordance with YMC Ch 15 09 and shall be specified in a homeowner's association, development agreement or other C Names for private roads shall be approved by City or County Planning Departments D Private roadway signs with street name designations shall be provided by and maintained by the developer or homeowner's association and shall be located at the intersections of private roads Such signs shall meet the specifications set forth by the respective governing body E A gate may be installed at the entrance to a private street, provided there is a minimum of 50 feet between the public street and the gate and the width of each travel aisle is 24 feet. F A private gate shall not obstruct emergency, public service, or utility vehicles access G Private roads and the entire easement or right-of-way width shall be open and available for use by emergency, public service, and utility vehicles (1s)ord/ H The face of any plat, short plat, Master Development Plan, Binding site plan, or condominium document containing a private road, and all subsequent documents transferring ownership of lots within such plat or short plat, shall bear the following language. "The City of Yakima has no responsibility to build, improve, maintain or otherwise service any private road for this plat/short plat. Any right-of-way dedicated to the public by this plat/short plat shall not be opened as a City (or County) street until such time as it is improved to city (or County) street standards and accepted as part of the City (or County) transportation system." I The placement of utilities shall be coordinated as much as possible with the placement of private roads and public rights-of-way J Utility easements having a minimum width of eight feet shall serve each interior lot. Utility easements shall be located outside private access easements and dedicated road rights-of- way unless approved otherwise by the City/County Engineer 15 09 110 — Reasonable Accommodations Process A. Purpose This Chapter has been enacted to authorize the Director Of Community & Economic Development or his designee to waive or vary provisions of the Code when necessary to reasonably accommodate the statutory rights of the disabled under the Americans with Disabilities Act (ADA), the Fair Housing Act (FHA) or the Washington Law Against Discrimination (WLAD) This process shall be interpreted and administered in order to ensure the full exercise and enjoyment of a disabled person's right to the residential housing of his/her choosing. The provisions of this Chapter shall apply to commercial and may apply to some residential activities or zones; provided that nothing herein shall be interpreted to limit the exercise of a disabled person's rights by or through a residential care provider In the event of any conflict or if an interpretation of this Chapter is required, it shall be implemented and interpreted in accordance with the provisions of the Americans with Disabilities Act, the Fair Housing Act and the Washington Law Against Discrimination. B Reasonable Accommodations. 1 Upon the application of a disabled person or individual or entity providing services to the disabled in a residential facility or other group living arrangement, the Director Of Community & Economic Development or his designee is hereby authorized to vary, modify, or waive the provisions of the Yakima Municipal Code, including the provisions of `MC Titles 10, 11 and 15, in order to provide a reasonable accommodation as necessary to provide to a disabled person's or care provider to the disable's full enjoyment of a residence 2. The City's duty to accommodate is an affirmative one, and the Director Of Community & Economic Development is thereby authorized to provide accommodations in a thoughtful and proactive manner 3 The following review may, at the Director Of Community & Economic Development's discretion, include citizen input into the administrative process. The Director Of Community & Economic Development shall provide written notice of the accommodation to the applicant and property owners within five hundred feet of the subject site. 4 When applying this reasonable accommodation process to the Yakima Municipal Code, including the State Building Code and other codes adopted pursuant to Yakima Municipal Code, the staff shall avoid the stereotypical assumptions regarding the disabled and shall attempt to ascertain the actual physical and/or mental limitation of the disabled individual in order to craft an accommodation which best suits the exercise of that individual's rights C Waiver Of Building Code Requirements. No reasonable accommodation shall be provided by a waiver or variance of the provisions of the codes adopted pursuant to `MC Titles 10, 11 and 15, which does not substantially accomplish the purposes of those Titles or which would •(is) ord/ reduce the.fire safety of any structure Modifications, waivers, or variances of the provisions of International Building Code, International Fire Code, and other codes adopted pursuant to YMC Titles 10 and 11 shall provide at least the same level of safety required by the respective Washington State Code. The applicant shall have the burden of establishing that the proposed modification, waiver, or variance accomplishes substantially the same purpose without reduction of fire safety D Accommodations Personal To The Applicant. The accommodation provided shall be personal to the applicant and shall not run with the land; provided that a change in a residential structure necessary to accommodate the operation of a residential care provider to the disabled may be continued by future operations of similar facilities at the site who established the same use within six months of the date the prior use by the disabled person or residential care provider ceases The Director Of Community & Economic Development may direct that any physical change in the structure which would otherwise be illegal under the use or bulk requirements of the YMC Title 15, Yakima Urban Area Zoning Ordinance be brought into compliance six months after the date of sale or transfer of a residential structure to a person or entity not qualifying for the protections of the ADA, FHA, and WLAD E. Appeal. Interested persons, that are persons located within five hundred feet of the building site, may appeal the reasonable accommodation by filing a petition for review with Yakima County Superior Court within ten days of the date of mailing of the notice of decision. 15 09.200 — Adult Business A. Purpose All adult business uses shall comply with the requirements of this Section. The purpose and intent of requiring standards for adult business uses is to mitigate the adverse secondary effects caused by such facilities and to maintain compatibility with other land uses and services In furtherance of this purpose, this Section is intended to regulate the location of adult entertainment and commercial enterprises in order to promote the health, safety and welfare of all citizens and in order to preserve and protect the quality of life in and around all neighborhoods through effective land use planning and reasonable regulation in light of the findings set forth herein and the facts and evidence contained in the legislative record. The standards established in this Section shall apply to all adult business uses Adult business uses are recognized as having objectionable operational characteristics, particularly when they are aggregated in one area. Since these uses have a harmful effect upon adjacent uses, and residential and commercial uses in particular, special regulation of adult business uses is necessary to avoid adverse effects arising from adult businesses so they will not contribute to the blighting or downgrading of the surrounding neighborhood. It is the intent of this Section to allow these uses to exist in a dispersed manner within specific zoning districts The standards established in this Section shall not be construed to restrict or prohibit the following activities or products: plays, operas, musicals, or other dramatic works, classes, seminars or lectures for educational or scientific purposes; nudity within a locker room or other similar facility used for changing clothing in connection with athletic or exercise activities, nudity within a hospital, clinic or other similar medical facility for health-related purposes, and all movies and videos that are rated G, PG, PG -13, R and NC -17 by the Motion Picture Association of America. B Special Definitions Specific to this Section. For the purpose of this Section, the following words and phrases shall have the following meanings: 1 Adult ArcadeNiewing Booth means any booth, cubicle, stall, or compartment that is designed, constructed, or used to hold or seat patrons and is used for presenting adult media for observation by patrons therein. This definition does not apply to a theatre, movie house, (1s)ord/ playhouse, or a room or enclosure or portion thereof that contains more than 600 square feet. Those greater than 600 square feet shall be considered an Adult Motion Picture Theater 2 Adult Business Uses means any uses on premises to which the adult public, patrons or members are invited or admitted or wherein any employee or other person provides, exhibits or performs adult entertainment or operates an adult commercial establishment, to or for a member of the adult public, a patron or a member, and specifically includes the list below a. Adult commercial establishments; b Adult motion picture theatres; c. Adult arcades / viewing booths; d. Adult cabarets, dance halls and dance studios Also refer to specific prohibited uses identified in Section 15 09.200(E) 3 Adult Cabaret/Dance hall or Dance Studio means a building or portion of a building regularly featuring dancing or other live adult entertainment if the dancing or entertainment provided is distinguished or characterized by an emphasis on the exhibiting of specified sexual activities or specified anatomical areas for observation by patrons therein (YMC Chapter 5 30) 4 Adult Commercial Establishment means any premises on or where adult media or sexually oriented toys or novelties are the majority of articles or items for sale and/or rent. Majority shall be determined to exist when forty percent (40%) or more of the establishment's gross public floor area is devoted to adult media or sexually oriented toys or novelties. Commercial establishments where the sale and/or rent of adult media or sexually oriented toys or novelties do not account for forty percent (40%) or more of the establishment's gross public floor area shall adhere to the standards set forth in section 15 09.200(C)(2) 5 Adult Entertainment means any exhibition or dance of any type, pantomime, modeling or any other performance, including motion pictures, which involves the exposure to view any specified anatomical areas or involves any specified sexual activities. 6 Adult Media means magazines, books, videotapes, movies, slides, cd-roms or other devices used to record computer images, or other media that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified anatomical areas or specified sexual activities 7 Adult Motion Picture Theatre means an establishment emphasizing or predominantly showing movies that exhibit specified sexual activities 8 Body Studio means any premises, other than a licensed massage parlor, reducing salon, health spa or public bath house, upon which is furnished, or which is offered to be furnished, for a fee or charge or other like consideration, the opportunity or act of painting, massaging, feeling, handling or touching the unclothed body or any unclothed portion of the body of another person, or to observe, view or photograph any such activity 9 Church See definition in YMC § 15 02.020 10 Escort and Introductory Service means services provided with the intent to perform prohibited specified sexual activities, specified sexual exhibitions or other activities prohibited in this Section. 11 Massage Parlor means a commercial establishment in which massage or other touching of the human body is provided for a fee and which excludes any person by virtue of age or sex from all or any portion of the premises in which such service is provided. 12. Media means anything printed or written, or any picture, drawing, photograph, motion picture, film, videotape or videotape production, or pictorial representation, or any electrical or electronic reproduction of anything that is or may be used as a means of communication. Media includes, but is not limited to, books, newspapers, magazines, movies, videos, sound recordings, cd-roms, other magnetic media, and undeveloped pictures 13. Park See definition in YMC § 15 02.020 (ls)ord/ 14 Residential Zoning District means the Suburban Residential (SR), Single -Family Residential (R-1), Two -Family Residential (R-2), and Multi -Family Residential (R-3) zoning districts as defined in YMC Ch. 15 03 15 School See definition in YMC § 15 02.020 16 Sexually Oriented Toys or Novelties means instruments, devices, or paraphernalia either designed as representations of human genital organs or female breasts, or designed or marketed primarily for use to simulate human genital organs 17 Specified Anatomical Areas means (1) Less than completely and opaquely covered: human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; and (2) human male genitals in a discemibly turgid state, even if completely and opaquely covered. 18. Specified Sexual Activities means human genitals in a state of sexual stimulation or arousal or acts of human masturbation, sexual intercourse, sodomy, or fondling or other erotic touching of human genitals, pubic region, buttock, or female breast. 19 Specified Sexual Exhibitions means any exhibition, performance or dance which is intended to sexually stimulate any member of the public and which is conducted on a regular basis or as a substantial part of the premises activity This includes, but is not limited to, any such exhibition, performance or dance performed for, arranged with or engaged in with fewer than all members of the public on the premises at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance and which is commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing or straddle dancing. C Permitted Uses Adult business uses shall be permitted subject to the following conditions. 1 Adult business uses shall be considered Class (2) uses, requiring Type (2) review, in and only in the CBD (Central Business District), GC (General Commercial) zoning districts; and as a Class (3) use, requiring Type (3) review, in and only in the M-1 (Light Industrial) zoning district when applicable development standards of this Section are met: 2. Commercial uses approved for zoning requirements of Chapter 15 04 through 15 08 that sell and/or rent adult media or sexually oriented toys or novelties, but for which that portion of the establishment's gross public floor area devoted to the sale or rent of adult 'media or sexually oriented toys or novelties accounts for less than forty percent (40%) of gross public floor area of the commercial use shall: a. Restrict persons under the age of eighteen (18) from purchasing and/or renting the adult items; and, b Contain those adult items in a separate area appropriately sited and signed to restrict access to people under the age of eighteen (18), or behind a counter D Development Standards. The following standards shall apply to proposed adult business uses, permitted under this Section. 1 Adult business uses shall adhere to the following standards: a. Separation Standards 1 The parcel that contains the adult business use, and the signs relating to the use, shall not be located within five hundred (500) feet of any of the following preexisting uses or previously established districts. a. The outside boundary of any parcel that contains a public school, private school or day care facility; b The outside boundary of any parcel that contains a church or other house of worship, c. The outside boundary of an existing public park; d. The outside boundary of any parcel that contains a public library; and, e A residential zoning district. (ls)ord/ 2. The parcel that contains an adult entertainment use shall not be located within fifteen hundred (1500) feet of a parcel supporting a similar adult entertainment use as defined in this Section, whether such similar use is located within or outside the City limits 3 The general sitescreening requirements of YMC Ch. 15 07 shall apply 4 The separation requirements stated in D(1)(a)(1) (a) through (e) and D(1)(a)(2), above, shall be measured by extending a straight line from the nearest point on the property line of the parcel containing the proposed adult entertainment use to the nearest point on the property line of the parcel containing the other adult entertainment use, school, daycare, church, public park, or public library b Licensing. In addition to Type (2) or Type (3) review required under C(1), above, all adult business uses, with the exception of adult commercial establishments, shall be subject to the licensing requirements of YMC Chapter 5 30 c. Hours of operation. Any adult business use, as defined in this Section, shall not conduct or operate any business or commercial function on or around their premises between the hours of two a.m. and eight -thirty a.m. of the same day d Signage Signage of adult business uses, as defined in this Section, shall comply with the provisions of YMC Ch. 15 08, Signs, together with the following specific conditions. 1 Each adult business use shall be allowed one (1) on -premise sign which shall be limited to displaying the name of the establishment, the street address, the days and hours of operation, restrictions on the age of persons that may be admitted to the building and the non- specific identification of the NATURE of the stock -in -trade or entertainment offered therein (e g "Adult Toys", "Adult Books") Nowhere on the signage or on the building visible to outside passersby shall appear any verbiage, insignias, pictures, drawings or other descriptions suggestive of sexual acts or actions, or which represent the sexually oriented material and/or performances of the adult entertainment use. 2. In accordance with § 5 30 040(5), adult entertainment establishments shall conspicuously post a readable sign at or near each public entrance which clearly states, and is printed in letters at least one -inch tall: "THIS ADULT ENTERTAINMENT ESTABLISHMENT IS REGULATED BY THE CITY OF YAKIMA" This sign shall not, for purposes of administration of this Section, limit the allowed use from having one (1) on -premise sign as indicated in § 15 09.200(D)(1)(d) Adult commercial establishments do not need to comply with this standard e Parking. The parking standards in YMC Ch. 15 06 shall apply to all off-street parking for uses under this Section. f Design Standards Adult Business Uses shall conform to the following design standards: 1 Buildings, fences, or other structures which are visible from any public right-of-way shall be of a neutral coloring and design scheme, similar to surrounding commercial facilities 2 All windows, entries, and other openings shall be screened and/or covered in such a way that no business activity associated with adult entertainment uses, other than approved outside signage, shall otherwise be visible from any public right-of-way or other public space E. Prohibited Uses. Adult uses not included in the definition of "adult business uses" pursuant to YMC 15 09.200(B)(5), are prohibited Prohibited activities include, but are not limited to, massage parlors, escort and introductory services, body studios and specified sexual activities and exhibitions not specifically allowed under the definition of "adult business uses" F Nonconforming Uses. Any Adult Business Use, Specified Sexual Activity/Exhibition legally in operation on the effective date of this Section, shall be permitted to continue, provided that all adult business development standards set forth in this section, with the exception of the separation standards from 15 09.200(D), are complied with. Any Adult Business use pre-existing upon the effective (1s) ord/ date of this section meeting all development standards, except said separation standards, shall not be considered nonconforming and shall be allowed to remain as a legally established business. The one single existing adult business which operates 24 hours per day as of the date of this ordinance shall be allowed to continue to operate 24 hours per day Provided, that any application for expansion, addition or relocation of any adult business, after the effective date of this section, shall be subject to the review requirements of this section. A protected use specified in YMC 15 09.200(D)(1)(a)(1)(a) through (e) shall not benefit from the separation requirements of this Section if the protected use chooses to locate within five hundred (500) feet of a lawfully located and licensed adult business use after the effective date of this ordinance. An adult business facility is lawfully located if it has located within the City in accordance with the requirements of this Section." Section 2. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter PASSED BY THE CITY COUNCIL, signed and approved thiT 24th day of March, 2009 di/ / %' %moi. ATTEST David Edler, Mayor City Clerk Publication Date 3/27/09 Effective Date 4/26/09 (1s)ord/ ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6 For Meeting of: March 24, 2009 Continuation of Joint City -County Open Record Public Hearing to consider the Regional Planning Commission's recommendation the proposed Adult Business Ordinance . SUBMITTED BY: William Cook, Director of Community and Economic Development CONTACT PERSON/TELEPHONE: Joseph Calhoun, Assistant Planner SUMMARY EXPLANATION: Continuation of joint public hearing before the City and County elected officials to consider the Regional Planning Commission's (RPC) recommendation to adopt the proposed Adult Business Ordinance as an amendment to the Yakima Urban Area Zoning Ordinance. The Ordinance will implement development standards and location criteria for Adult Business and entertainment uses. This ordinance reflects the final draft of the RPC recommendation as adopted November 18, 2008. Public notice of this continued hearing and distribution of the Final Draft of the Adult Business Ordinance was accomplished in the following manner. 1. Public notice published in newspaper of the continued hearing on March 6th and March 20th; 2. City website updated on March 4, 2009 to reflect Final Draft of the Adult Business Ordinance http://www.ci.vakima.wa. us/services/planning/documents/FINAL%20Adult%20Ent.doc 3. Ordinance and notice mailed to all parties of record on March 6, 1009 4. Ordinance and cover letter hand -delivered to all businesses on March 17, 2009 Resolution_ Ordinance X Contract _ Other (Specify) Council Update Memo, RPC Findings, Public Notice Record, RPC minutes Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt the Adult Business Ordinance as an amendment to Yakima Urban Area Zoning Ordinance. BOARD/COMMISSION RECOMMENDATION: The Final Draft of the Adult Business Ordinance reflects the recommendations of the Regional Planning Commission, as adopted November 18, 2008 COUNCIL ACTION: ADULT BUS \ ESS IN CE Continuation of Joint •pen ecord Public Hearing .fthe Yakima City Council And Yakil a County Com iissioners March 24, 2009 Exhibit List 1. Council Update Memorandum (3-18-09) 2. Memorandum of Final Ordinance Changes from RPC Findings 3. Adult usiness Ordinance Memo from Jeff Cutter (1. 16-09) 4. Status of proposed Adult Business Ordinance Memo (6-24-08) 5. Final Draft Adult Business Ordinance (Proposed YMC 15.09.200) 6. Public Notices since March 3, 2009 Previous Material from March 3, 2009 Hearing Chapter A: Regional Planning Commission Findings of Fact, Conclusions and Recommendation (1148-08) Chapter B: Final Draft Adult Business Ordinance Chapter C: RPC Agendas, Sign -In Sheets, Minutes (948-08; 10-22-08; 11-18-08) Chapter D: Public Notices Chapter E: Public Comments COUNCIL UPDATE MEMORANDUM TO: Mayor and Members of the City Council • Dick Zais, City Manager FROM: Bill Cook, Director of Community and Economic Development Joan Davenport, Planning Manager DATE: March 18, 2009 SUBJECT: Status of Public Hearing Process Regarding Final Draft Adult Business Ordinance At the March 3, 2009 combined Yakima City Council.— County Commissioners Public Hearing, owners of two existing businesses expressed a concern that they had not received the Final Draft of the Adult Business Ordinance. The Hearing was continued until March 24, 2009 in order to allow the business representatives an opportunity to review the Final Draft Ordinance. In addition, there was discussion among the Council and Commissioners regarding the role of the Joint Board in matters such as this proposed amendment. Staff recommends that a more thorough discussion of the Four Party Agreement, the Joint Board, and the history and commitments made in the 1976 Agreement be referred to the City —County Intergovernmental Committee, rather than the continued Public Hearing on the Adult Business Ordinance. Following is a summary of other related items or issues regarding the Adult Business Ordinance. 1. Distribution of Final Draft Ordinance: On March 6, 2009 copies of the Final Draft Ordinance and notice of continued public hearing were mailed to all parties of record. On March 17, 2009, additional copies of the Final Draft Ordinance were hand - delivered to the four existing businesses. 2. Initial Review of Draft Ordinance: In November of 2007, a first draft for an amendment to the Yakima Urban Area Zoning Ordinance regarding the regulation of Adult Businesses was submitted to the Regional Planning Commission for consideration. On April 24, 2008, City Planning staff met with Yakima County Planning staff to review the draft Adult Business Ordinance and receive County input. 3. Background of Adult Business Ordinance: In 2007, a citizen complaint was received from a private school regarding the objection to a newly established Adult Business in the vicinity of the school. On September 27, 2007 City staff, three Council members, a representative of the private school and State Representative Mary Skinner met to discuss_the_lack of_current regulation of such uses, the need to amend the zoning ordinance -to -regulate -the location of Adult Businesses and an "imrnediate cease and Status of Adult Business Ordinance Page 1 of 2 desist order to be issued regarding this new business. In the fall of 2007, the Yakima City Council adopted a 2008 Legislative Priority to enact legislation to allow cities to regulate proximity restrictions on adult oriented business from school, public parks, churches and daycares. Very shortly thereafter the City Attorney determined that legislative relief was not necessary and the City already had the authority to regulate these uses. 4. Regional Planning Commission Public Hearing: a. A public hearing was scheduled for the RPC on June 5, 2008. Notices and the draft ordinance were mailed to existing businesses inviting them to attend and comment on the proposed ordinance. Several news stories ran during this time questioning the intent and origin of this proposal. An information memo to City Council was prepared by Mr. Zais and Mr. Cook on June 24, 2008 (included in your package). b. The hearing was deferred until September 18, 2008 in order to give additional review to the draft. During the Public Hearing, six citizens testified about the draft ordinance. The RPC advocated removal of the M-1, Light Industrial Zoning district from consideration and a requirement for a barrier buffer was discussed as problematic. c. On October 22, 2008 the RPC reviewed a revised draft of the Adult Business ordinance and heard testimony from 4 citizens. Staff recommendation was to in, -l:. de the MA wne with a Class 3 Review in order to allow sufficient areas for the location of this type of business. Jeff Cutter, Assistant City Attorney advised the RPC and explained the general requirements for location opportunities. Without the M-1 zone, a limited amount of area would be available. (see attached Memorandum). One citizen spoke in favor of including the M-1 zone. d. On November 18, 2008 RPC voted to recommend the ordinance for approval including the M-1 Zone as a Class 3 review. 5. Hours of Operation: While distributing additional copies of the Final Draft of the Adult Business Ordinance on Tuesday, March 17, 2009 staff was made aware that one of the stores operates 24 -hours daily. This information was not previously known to staff Regional Planning Commission. late of information, the or the Regional w��aw� � au�nw�� Given the late date of this new II II VIIIIQ IMI, 1116 owner was encouraged to attend the Public Hearing and provide testimony regarding this issue. The Final Draft of the Ordinance states that these uses will not be in operation between the hours of 2 AM to 8:30 AM of the same day. 6. Different City and County Ordinances: Yakima County Commissioners may choose to have a separate deliberation session following the combined Public Hearing to adopt their ordinance. This has been the process followed in the past. This may result in different standards or other preferences. In fact, the Yakima Urban Area Zoning Ordinance already has different text for several chapters including Critical Areas and Non -conforming uses. Status of Adult Business Ordinance Page2of2 Memorandum: Final Ordinance Changes from RPC Findings From Jeff Cutter and Joseph Calhoun After the close of the RPC hearing on September 18, 2008, staff began working on the Final Findings and Recommendation of the RPC and making the notable changes which were a result of the hearing. Three items of the ordinance, which were discussed during the hearing, are of concern to staff. Subsequent review by staff has prompted the following proposed changes to the RPC recommendation: Removal of the M-1 zoning district: It is certainly understood that it is the desire of the RPC to preserve the M-1 zoning district for industrial uses. However, in researching similar ordinances of other municipalities, the M-1, or similar zone, is often regarded as a suitable district for such uses. For the City of Yakima, the GC and CBD zoning districts provide approximately 685 acres of available land for adult uses to locate. Available land including those areas within the specified zoning districts and lying outside of the applicable buffers from protected uses and similar/existing uses. Available land within the M-1 zoning district would add approximately 1008 acres. Removal of the M-1 zoning district could create a situation where there are not sufficient areas for adult businesses to locate. Barrier Buffers: On paper, the concept of barrier buffers looks good. However, administration of the barrier buffer standards will likely become problematic in the future. One example would be an adult business locating in the middle of a strip mall. There is no possible way for a business in the middle of a building to provide such barrier buffers and it could become an issue if an adjoining business owner were to raise it. It is staff s recommendation that only the general sitescreening standards of YMC Ch. 15.07 should be applied. Adult Entertainment Name: It was brought up in the hearing that there are obvious differences between an adult commercial use and an adult entertainment use. In an effort to minimize confusion, staff has changed the name of the ordinance from "Adult Entertainment" to "Adult Business", and has modified the ordinance to reflect that change. As modified, all defined adult uses are considered "Adult Business Uses" and shall be subject to the same level of review. PRIMIXEDAND 00.NF7DENT1AL: COVERED BY THEATI uRNEY-C. 1'A1VD ATTDRNEYWORK PRODUCT PRJVJLEGES MEMORANDUM TO: Honorable Mayor Edler, Members of City Council FROM: Jeff Cutter, Sr. Assistant City Attorney DATE: January 16, 2009 SUBJ: Adult Business Ordinance This memorandum is intended to provide the Council members with the background behind the proposed Adult Business Ordinance that is subject to joint City and County legislative consideration during the January 20, 2009 City Council Meeting. The history of how the Adult Business Ordinance has come before you for your consideration was in large part explained in a previous memorandum submitted to you on June 24, 2008, and is attached hereto for your review. This memorandum will continue the explanation of the development of the proposed ordinance from that point to the present. Following the receipt of the June 24, 2008 memorandum the Council directed City staff to continue developing the Adult Business Ordinance in accord with Municipal Code requirements for zoning amendments. To that end, City staff prepared a draft ordinance that was intended to define the various Adult Entertainment and Commercial uses, present a regulatory template for how those businesses could be located within the City and to address specs J ed development standards spec ,re to the Adult Business uses. The ordinance was modeled after provisions already being used by many other cities in Washington. The proposed ordinance was sent to the existing Adult Business owners within the City for their review and comment, as well as to parties that had previously indicated interest in the regulation of Adult Businesses. Those parties and the public were notified of the date the Regional Planning Commission was scheduled to hold the public hearing for consideration of the ordinance, as required by Municipal Code. The Regional Planning Commission (RPC) heard the City's presentation of the proposed ordinance and also specific comment from several of the local Adult Business owners addressing particular aspects of the proposed ordinance The RPC considered the testimony offered, made some revisions to the ordinance and approved the form as revised for recommendation to the joint City -County legislative bodies. Following the RPC's recommendation, the City considered the concerns that had been expressed by several of the Adult Business owners and some aspects of the business location limitations proposed for recommendation by the RPC and ultimately returned the ordinance to the RPC with several modifications staff was recommending based upon the business owner's requests and the City staff's concerns. As a result of the second presentation to the RPC, wherein the Adult Business owners expressed their support for the amended ordinance, a local church that had initiated the discussion of the Adult Business regulation represented its satisfaction with the proposed ordinance, and the RPC approved the amended ordinance for presentation to the City and County. That ordinance is the one presently before you for your consideration. MEMORANDUM DATE: June 24, 2008 TO: Honorable Mayor and Councilmembers FROM: Richard A. Zais, City Manager William Cook, Director of Community and Economic Development SUBJECT: Status of proposed Adult Oriented Business Ordinance Background: In August 2006, we received a complaint that the location of the Grapevine Novelty Store at 5015 Tieton Drive was in an "inappropriate location with a daycare next door" (Carroll Children's Center). The business relocated from 5015 Tieton Drive in December 2006 with assistance from the City. We currently do not regulate these businesses; however, further research determined that the Grapevine was in violation of a retail zoning limitation placed on this property by the Hearing Examiner several years ago. At their second location at 803 West Nob Hill Boulevard, the business was in compliance with our zoning ordinance because we have no definitions or restrictions on this type of business. Only adult nudity and live entertainment are regulated. On September 27, 2007, City staff, three Council members. met with representatives of the St. John's Kronstadt School, and Representative Mary Skinner (Representative Bill Hinkle was invited but did not attend). The purpose of the meeting was to discuss: 1. Amending the City's Zoning Ordinance to "decrease the accessibility to young children where these businesses are located;" and 2. Discuss "an immediate cease and desist order to be issued to the Grapevine." The clear message communicated from this meeting was that adult businesses should be regulated in a way to insure that there is a distance separation from schools, parks, churches, etc. Legal Authority to Regulate Uses At the time, it was ourunderstanding that we would need authority from the state to impose these limitations and thus this request was included in the City's 2008 legislative priorities. The attached Resolution, dated December 4, 2007, included: "The city supports legislation to allow cities to regulate proximity restrictions on adult oriented businesses from schools, public parks, churches and daycares." - With further investigation, our Legal Department concluded that the City of Yakima currently has delegated zoning authority from the state to regulate adult businesses, but an amendment to our Zoning Ordinance would be required to implement such authority. Zoning ordinances from around the state were reviewed and a discussion with the Regional Planning Commission (RPC) was initiated in the fall of 2007 (see attached RPC agendas for televised November 14 and November 28, 2007 workshops and citizen notification list). Zoning Ordinance Amendment Process Coincidentally, City staff has initiated the process of preparing proposed updates to the City's Zoning Ordinance. The update was necessary in large part to assure compatibility between our Zoning Ordinance and amendments to the City's Comprehensive Plan as approved by Council in December 2006. This is the first comprehensive update of the City's zoning regulations in almost ten years. All proposed changes are being processed under Title 16 "Administration of Development Permit Regulations," and Section 15.23.020, "Text Amendments," of the City's Code of Ordinances. Paragraph A of 15.23.020 authorizes the initiation of amendments to the Zoning Ordinance by either the legislative body or the RPC. A proposal from staff to the Planning Commission is not truly initiated until the RPC makes a recommendation to the City Council. In this capacity, City staff serves as staff to the RPC. Paragraph B of 15.23.020 states: "Any amendments in this title shall be by action .of the legislative body with jurisdiction after a recommendation from the Regional Planning Commission." As currently provided in the City's Code of Ordinances, City Council may initiate, but City Council may not -act without a recommendation from the RPC. In researching and drafting an ordinance to regulate adult businesses, the Legal Depai tiiient reviewed ordinances from around the state. Of particular concern is the issue of the balance of rights that must be included in such regulations. The Supreme Court has upheld that the First Amendment right to freedom of speech extends to citizens the right to access and purchase "adult material." The City's Zoning Ordinance must provide locational opportunities for these businesses. However, cities can and do regulate, and the _ upheld, ..ul tions that distance separation restrictionsrisuch ii1C 4ULi1 lJ have uj�uclu, regulations establish separation for such businesses from schools, parks and churches. For example, although we were recently compared to Zillah in a Yakima Herald Republic June 22, 2008 editorial, Zillah already has an ordinance establishing distance separations of 600 feet for schools, parks and churches. The draft ordinances submitted to the RPC for their consideration and subsequent public discussion contained the full array of in-place, legally tested regulations from across the state. Staff believes that it is our responsibility to bring to the discussion the state of the art in current regulatory practice. It is not our place to limit public discussion, but to provide the RPC with a complete accounting of opportunities. The public process of RPC discussion and public hearing, followed by City Council public hearing and deliberation, will ultimately decide the final form of this ordinance, or whether there will be any ordinance at all. The RPC is aware that this item has been pulled for further Council direction. However, it is worth noting that at their last study session, the RPC clearly stated that they do not favor and would not recommend an ordinance, now or in the future, that requires existing businesses to relocate. We believe that this original provision was the cause for the greatest concern about the proposed ordinance. Future Direction: We have polled Council and a majority has recommended that this proposed ordinance be referred to the Council's Economic Development Committee for a recommendation back to the full Council. Available options for future action include: 1. Direct staff to discontinue any further work on this proposal at this time. The RPC would continue their public process to arrive at a recommendation on all other proposed zoning changes. 2. Refer this discussion to a Council study session to review the current draft and then decide whether to send it on to the RPC as is or in a modified form. The item would then go through the RPC public process and a final recommendation would come back to Council for a final Public Hearing and Council action 3. Direct that this proposal continue on through the RPC for review and public input, and not come forward to the Council until there is an RPC recommendation. DEPARTMENT OF C©MMLJNII'YAND ECONOMIC DEVELOPMENT Planning Division 129 North Second Street, 2nd Floor Yakima, Washington 98901 (509) 575-6183 a Fax (509) 575-6105 www.ci.yakima.wa.us March 17, 2009 Interested Parties — Proposed Adult Business Final Draft Ordinance Continued Public Hearing of March 24, 2009 On March 3, 2009 the Yakima City Council and the Yakima County Commissioners continued a Public Hearing regarding a proposed ordinance to regulate the location of Adult Business uses in order to allow additional time for public review of the draft ordinance. The hearing was continued to March 24, 2009 at 7:00 PM in the Yakima City Council Chambers, 129 North 2°a Street, Yakima, WA. A copy of this Final Draft Ordinance was mailed to you on March 6, 2009. For your convenience, I am also providing another copy to you in person. You are encouraged to attend the March 24, 2009 Public Hearing and offer written or verbal comments. Should you have any questions or comments prior to the hearing, please feel free to contact Joseph Calhoun, Assistant Planner at (509) 575-6162. Thank you for your interest in this matter. Sincerely, Bill Co ector of Community and Economic Development Enclosure Yakima 19.4 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 129 North Second Street Yakima, Washington 98901 Phone: (509) 575-6113 Fax (509) 576-6792 William R. Cook, Director March 6, 2009 To Whom It May Concern: Re: Proposed Adult Business Ordinance. The Yakima City Council is meeting to consider the written findings and recommendation for approval from the Regional Planning Commission on March 24, 2009. The public meetig for their deliberations will take place in the Yakima City Council Cha i l: bers in City Hall,129 N 2"d Street, beginning at 7 pm. You are invited to attend the public meeting and will have the opportunity to speak on the matter. Enclosed is a copy of the Final Draft of the ordinance (not in ordinance format) which was presented and recommended by the Regional Plan4ning Commission. The (not i'_-- to -- �-a---.-- .� 111JJ1V11. ordinance in ordinance format) is also available online at http://www.ci.yakima.wa.us/services/planning/. For more information, please call Joseph Calhoun, Assistant Planner, at (509) 575-6162. • Sincerely, ill Co'k lobecAL:ti of Community andEcbnomic Development Enclosure Code Adnzinistraiion 575-6121 • Engineering 575-6111 • Neighborhood Services 575-6101 • planning 575-6183 AN ORDINANCE ORDINANCE NO. 2009 - relating to the regulation of land use and development of adult oriented businesses in the City of Yakima, and adding Section 15.09.200, entitled Adult Business, to Chapter 15.09 of Title 15 of the City of Yakima Municipal Code. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 15.09.200 of Chapter 15.09 of the City of Yakima Municipal Code is hereby added as a new section to read as follows: "15.09 Special Development Standards Sections: 15.09.010 Purpose 15.09.020 Special Development Standards For The District Overlays 15.09.030 Common Open Space Requirements 15.09.040 Zero Lot Line Development 15.09.050 Performance Standards—Emissions 15.09.060 Special Development Standards For Service Stations And Other Retail Uses Selling Motor Fuel 15.09.070 Special Requirements For Animal Husbandry 15.09.080 Special Requirements For Bed And Breakfast Inns 15.09.090 Special Requirements For Social Card Rooms 15.09.100 Private Street Review Requirements 15.09.110 Reasonable Use Accommodation Process 15.09.200 Adult Business 15.09.010 – Purpose A. Purpose. The overlays are established to coordinate the provisions established in the zoning ordinance with more detailed policies and standards adopted in other plans and ordinances. Specific overlays have been established as follows: Overlay District Districts or programs Greenway Overlay Yakima River Regional Greenway Plan; Shoreline Master Program Floodplain Overlay Shoreline Master Program National Flood Insurance Program (flood hazard areas) Overlays established separately in this Title Airport Safety Overlay (see YMC Ch. 15.30) Yakima Air Terminal at McAllister Field Other public airport with defined airspace per FAR Part 77 Institutional Overlay (see YMC Ch. 15.31) Large-scale institutional facilities with special locational needs Master Planned Development Overlay (see YMC Ch. 15.28) Master Planned Development (residential, commercial, industrial or (1s) ord/ mixed-use development B. Application. The provisions of this Chapter shall apply when all or a portion of a development, or modification thereto, is proposed within the boundaries of an overlay. 15.09.020 — Special Development Standards For The District Overlays A. Project Review in an Overlay. In order to assure the appropriate standards are applied, all Class (1) uses in an overlay unless otherwise specified shall be subject to Type (2) review. (YMC Ch. 15.14) All Class (2) uses shall be subject to Type (2) review and Class (3) uses in an overlay district shall be subject to Type (3) review. The Administrative Official may condition or deny approval of any use, development, or modification thereto in an overlay based on the provisionsset forth and adopted by this section. B. Special Development. Standards in the Greenway Overlay. All development in the Greenway Overlay shall conform to the requirements and standards of the underlying zoning district and the policies and intent of the Yakima River Regional Greenway Plan. C. Special Development Standards in the Floodplain Overlay. All development in the Floodplain Overlay shall conform to the requirements and standards of the underlying zoning 99 district, and the flood damage prevention ordinance adopted by the county/city. Development within shorelines jurisdiction or the floodplain shall also be consistent with the county or city shorelines master program and/or the flood damage prevention ordinance. D. Coordination with the Shorelines Master Program. If a proposed Class (2) or (3) use, nonconforming use expansion, or modification is proposed on property within the jurisdictional boundaries of the Yakima County Shoreline Master Program and is subject to permits thereof, then the proposed change shall not be subject to the procedural requirements, but shall be subject to all applicable standards. If a conflict exists between the standards of the shoreline master program and YMC Title 15, the more restrictive provisions shall apply. 15.09.030 — Common Open Space Requirements The following provisions shall apply whenever common open space is proposed by the developer, or when required by an Administrative Official under Type (2) or (3) review as a condition of approval: A. Use. The common open space may be used for recreation; shoreline access; landscaping; land use, visual, or noise buffer; drainage control; or other uses approved by the reviewing official .1, ct r T T., authorized f +1... ..L..11 1. ,.t.. :tL during project 1V Vi�V' . '.J Ru111V11LVA.L 1VL 1.11V ✓V111111V11 V[J it space shall VG appropriate W1111 the use, size and density of the proposed development and the natural features of the site. Common open space shall be improved for its intended use, but common open space containing natural features may be left unimproved. All structures and improvements permitted in the common open space must be appropriate with the authorized use and natural features of the common open space. Common open space may be used only for those uses specified in the approved final site plan. B. Location. The location, shape, size, and character of the open space shall be suitable for the type of project. Generally, common open space shall be: 1. Located next to other open space areas; 2. Located so that it buffers the proposed development from neighboring developments; or, 3. Located to provide access to recreation facilities or link recreational facilities with sidewalks or paths. C. Retention and Maintenance. The final site plan shall include a provision approved by the reviewing official assuring the permanent retention and maintenance of the common open space. Such assurance may be in the form of restrictive covenants, dedication of open space (ls) ord/ to the public where such dedication will be accepted by the legislative body, a homeowner's association, or any other method approved by the Administrative Official. All legal documents to carry out this requirement shall be approved by the jurisdiction's legal authority. The document shall contain a provision vesting the county/city with the right to enforce the permanent retention and maintenance of the common open space and provide that in the event that common open space is permitted to deteriorate, or is not maintained in a condition consistent with the approved plan and program, the county/city may at its option cause necessary maintenance to be performed and assess the costs thereof to the owners of the property within the project. A document shall also provide for the collection of such costs by lien and/or direct civil action. 100 15.09.040 — Zero Lot Line Development A. Purpose. Zero lot line development for single-family dwellings may be permitted in order to: promote efficient land use, permit a more energy efficient arrangement of structures, protect environmentally sensitive areas, or provide more usable private or community open space. B. Review Required. Zero lot line development in subdivisions and short subdivisions approved after the effective date of this ordinance may be approved by a Type (2) review. Zero lot line development may also be approved on lots created before the effective date by a Type (3) review. A site plan meeting the requirements of YMC 15.11.040 or, as applicable YMC 15.11.050, shall be prepared for all zero lot line development. C. Development Standards. All zero lot line developments shall comply with the standards of Table 5-1, and 5-2, the provisions and the following requirements; provided, that where the standards included herein conflict with the standards established in other sections, the standards herein shall apply: 1. Dwelling Unit Setbacks: a. Interior Side Yard Setback Standard. The dwelling unit may be placed on one interior side property line (a zero setback). The setback standard from the other side property line shall be ten feet. No structures except for patios, pools, fences, walls, and other similar elements are permitted within the required setback area. b. Rear Yard Setback Standard. The rear yard setback standard is ten feet. c. Front and Street -side Setback Standards. Front and street -side setback standards shall be those shown on Table 5-1. 2. Accessory Building Setback. Accessory buildings and structures shall observe the setback requirements for the main dwelling unit. 3. Maximum Lot Coverage. The total lot coverage on a lot shall not exceed the district requirements established in Table 5-1. 4. Platting Requirements. Each dwelling shall be located on its own individual platted lot. The plat shall show the zero lot lines and the related easements. 5. Openings Prohibited on the Zero Lot Line Side. In order to maintain privacy, there shall be no windows, doors, air conditioning units, or any other type of openings in the wall along the zero lot line, except when such a wall abuts permanent open spaces or a public or private right-of-way. 6. Maintenance and Drainage Easements. A perpetual maintenance, eave overhang, and drainage easement at least five feet wide shall be provided on the lot adjacent to the zero lot line property line, which, with the exception of walls and/or fences, shall be kept clear of structures. This easement shall be shown on the plat and incorporated into each deed transferring title on the property. The wall shall be maintained in its original color and (ls) ord/ treatment -unless otherwise agreed to in writing by the two affected lot owners. Eaves, but no other part of any structure, may protrude across a side lot line, and such protrusion shall not exceed 18". Water runoff from the dwelling placed on the lot is limited to the easement area. 7. Common Open Space and Maintenance Facilities. Any common open space provided shall comply with YMC 15.09.030. 15.09.050 – Performance Standards—Emissions A. Purpose and Application. The purpose of this section is to provide guidelines and general standards governing emissions and miscellaneous items covered herein for use in evaluating 101 the impact of proposed developments and uses, or changes or alterations thereto, being considered under the terms. A reviewing official, including those engaged in Type (1) review or administrative modification review may impose reasonable conditions, or in appropriate instances deny proposed developments based on the standards and guidelines set forth in this section in order to assure that permitted uses do not generate gases, fumes, heat, glare, vibrations, or store solid waste in a manner inconsistent with the intent of the district and/or incompatible with surrounding uses. B. Gases, Fumes and Vapors. The emission of any gases, fumes, or vapors dangerous to human health, animal life, vegetation, or property is prohibited. C. Heat. No use shall produce heat significantly perceptible beyond its lot lines. D. Glare. No use shall produce a strong dazzling light, or reflection of a strong dazzling light, beyond its lot lines. E. Vibrations. No use shall cause vibrations or concussions detectible beyond its lot lines without the aid of instruments, except for vibration resulting from construction activity. F. Storage and Waste Disposal. All materials and waste which might cause fumes or dust constitute a fire hazard, produce offensive odors, or which may be edible or otherwise attractive to rodents or insects shall be stored in closed containers and in a manner to eliminate or prevent such hazards. 15.09.060 – Special Development Standards For Service Stations And Other Retail Uses Selling Motor Fuel A. Purpose. The purpose of this section is to establish special site design standards for new service stations and. other retail uses supplying motor .fuel. These standards are 114G«LLG.0 to assure that these uses are compatible with adjoining residential districts and the character of the district in which they are located. B. Fifty -foot Setback from Residential Districts Required. Each pump island shall be setback at least 50 feet from the zoning district boundary of all adjoining residential districts. Other permitted structures shall comply with the setback provisions established in Table 5-1. C. Storage and Display of Vehicles Prohibited. No area of any service station or other retail use selling gasoline shall be used for the storage, display, and sale or leasing of any new or used vehicle. 15.09.070 – Special Requirements For Animal Husbandry A. Purpose. The purpose of this section is to assure that the raising of domesticated farm animals within the urban area is compatible with adjoining residential uses and the intent and character of the district they are located in. B. Minimum Lot Size. The minimum lot size for animal husbandry within the Yakima urban area is one-half acre. A lot at least one-half acre in size shall be deemed to meet this requirement even though a portion of the lot may be used for a single-family dwelling. (1s) ord/ C. Project Review. Animal husbandry operations, which would create noise and odors attract insects or rodents or are otherwise incompatible with surrounding residential uses or the intent of the zoning district, may be conditioned or denied by the reviewing official in accordance with the provisions of this section and YMC 15.09.070. D. Minimum Setback. No portion of any structure used to house a domesticated farm animal shall be within one hundred feet of any residence other than the dwelling on the same lot. 102 E. Maximum Number of Animals. The maximum number of animals that may be kept on the site at any time of the year shall be the number of animals that can be sustained by the pasture on which they are kept as their primary source of food, except during the winter months. The burden of proving that the pasture can sustain the number of animals in question shall be on the applicant. F. Fencing. Fencing adequate to contain the animals shall be provided and maintained. 15.09.080 — Special Requirements For Bed And Breakfast Inns Bed and breakfast inns shall meet all applicable health, fire, safety, and building codes. Any reception hall or meeting room shall be restricted to serve no more than the total number of tenants, unless otherwise specifically authorized. In addition, bed and breakfast inns shall be subject to the following requirements, except in those zoning districts where motels and hotels are Class 1, 2, or 3 uses: A. Home occupation bed and breakfast inns shall be operated so as not to give the appearance of being a business and the inn shall not infringe upon the rights of neighboring residents to peaceful occupancy of their homes. Minimal outward modifications of the structure or grounds may be made only if such changes are compatible with the character of the neighborhood. B. Meals shall only be served to guests, even if required to be licensed as a restaurant under state regulations, except as otherwise permitted in this Title. C. The number of guest rooms shall not be increased through any exterior modifications or additions to the home occupation bed and breakfast. D. The front yard area shall not be used for off-street parking for bed and breakfast guests unless the parking area is screened and found to be compatible with the neighborhood or unless waived by the reviewing official. E. One non -illuminated or externally illuminated sign not exceeding the maximum size allowed within the applicable zoning district, and bearing only the name of the inn and/or operator shall be permitted. F. The Administrative Official may authorize use of the bed and breakfast inn for receptions, group meetings and special gatherings based upon the size of the inn, availability of adequate off-street parking spaces, public health considerations, and compatibility with the surrounding neighborhood. G. No more than five lodging or guest rooms shall be allowed for home occupations. 15.09.090 — Special Requirements For Social Card Rooms No social card room shall be permitted within five hundred feet of any public school, private school (meeting the requirements for private schools under Title 28A RCW), church or park, as measured according to RCW 66.24.010(9), or as the same may be hereafter amended. 15.09.100 — Private Street Review Requirements Private Roads - General Requirements. Private streets serving three lots, housing units or more may be approved as an element of a Master Planned Development Overlay (YMC Ch. 15.28), a Mobile Home/ Manufactured Park (YMC 15.04.150), a Condominium or within a (1s) ord/ Binding Site Plan in conformance with Subdivision requirements. 103 A. Any private road that is located in a private street subdivision shall be constructed to the minimum standard of the appropriate jurisdiction and shall be permanently retained and maintained as a private road. B. Private roads are the responsibility of the landowners to construct and maintain in accordance with YMC Ch. 15.09 and shall be specified in a homeowner's association, development agreement or other C. Names for private roads shall be approved by City or County Planning Departments. D. Private roadway signs with street name. designations shall be provided by and maintained by the developer or homeowner's association and shall be located at the intersections of private roads. Such signs shall meet the specifications set forth by the respective governing body. E. A gate may be installed at the entrance to a private street, provided there is a minimum of 50 feet between the public street and the gate and the width of each travel aisle is 24 feet. F. A private gate shall not obstruct emergency, public service, or utility vehicles access. G. Private roads and the entire easement or right-of-way width shall be open and available for use by emergency, public service, and utility vehicles. H. The face of any plat, short plat, Master Development Plan, Binding site plan, or condominium document containing a private road, and all subsequent documents transferring ownership of lots within such plat or short plat, shall bear the following language: "The City of Yakima has no responsibility- to build, improve, maintain or otherwise service any private road for this plat/short plat. Any right-of-way dedicated to the public by this plat/short plat shall not be opened as a City (or County) street until such time as it is improved to city (or County) street standards and accepted as part of the City (or County) transportation system." I. The placement of utilities shall be coordinated as much as possible with the placement of private roads and public rights-of-way. J. Utility easements having a minimum width of eight feet shall serve each interior lot. Utility easements shall be located outside private access easements and dedicated road rights-of-way unless approved otherwise by the City/County Engineer. 15.09.110 — Reasonable Accommodations Process A. Purpose. This Chapter has been enacted to authorize the Director Of Community & T nen Amin neN7elr -ti,i t nr lxie ries cm o 11 txxraixii AY r x proviQ1r r c,,rthe Ce r1 whet, necessary to reasonably accommodate the statutory rights of the disabled under the Americans with Disabilities Act (ADA), the Fair Housing Act (FHA) or the Washington Law Against Discrimination (WLAD). This process shall be interpreted and administered in order to ensure the full exercise and enjoyment of a disabled person's right to the residential housing of his/her choosing. The provisions of this Chapter shall apply to commercial and may apply to some residential activities or zones; provided that nothing herein shall be interpreted to limit the exercise of a disabled person's rights by or through a residential care provider. In the event of any conflict or if an interpretation of this Chapter is required, it shall be implemented and interpreted in accordance with the provisions of the Americans with Disabilities Act, the Fair Housing Act and the Washington Law Against Discrimination. B. Reasonable Accommodations. 1. Upon the application of a disabled person or individual or entity providing services to the disabled in a residential facility or other group living arrangement, the Director Of Community & Economic Development or his designee is hereby authorized to vary, modify, or waive the provisions of the Yakima Municipal Code, including the provisions (1s) ord/ of YMC Titles 10, 11 and 15, in order to provide a reasonable accommodation as necessary to provide to a disabled person's or care provider to the disable's full enjoyment of a residence. 2. The City's duty to accommodate is an affirmative one, and the Director Of Community & Economic Development is thereby authorized to provide accommodations in a thoughtful and proactive manner. 3. The following review may, at the Director Of Community & Economic Development's discretion, include citizen input into the administrative process. The Director Of Community & Economic Development shall provide written notice of the accommodation to the applicant and property owners within five hundred feet of the subject site. 4. When applying this reasonable accommodation process to the Yakima Municipal Code, including the State Building Code and other codes adopted pursuant to Yakima Municipal Code, the staff shall avoid the stereotypical assumptions regarding the disabled and shall attempt to ascertain the actual physical and/or mental limitation of the disabled individual in order to craft an accommodation which best suits the exercise of that individual's rights. C. Waiver Of Building Code Requirements. No reasonable accommodation shall be provided by a waiver or variance of the provisions of the codes adopted pursuant to YMC Titles 10, 11 and 15, which does not substantially accomplish the purposes of those Titles or which would reduce the fire safety of any structure. Modifications, waivers, or variances of the provisions of International Building Code, International Fire Code, and other codes adopted pursuant to YMC Titles 10 and 11 shall provide at least the same level of safety required by the respective Washington State Code. The applicant .shall have the burden of establishing that the proposed modification, waiver, or variance accomplishes substantially the same purpose without reduction of fire safety. D. Accommodations Personal To The Applicant. The accommodation provided shall be personal to the applicant and shall not run with the land; provided that a change in a residential structure necessary to accommodate the operation of a residential care provider to the disabled may be continued by future operations of similar facilities at the site who established the same use within six months of the date the prior use by the disabled person or residential care provider ceases. The Director Of Community & Economic Development may direct that any physical change in the structure which would otherwise be illegal under the use or bulk requirements of the YMC Title 15, Yakima Urban Area Zoning Ordinance be brought into compliance six months after the date of sale or transfer of a residential structure to a person or entity not qualifying for the protections of the ADA, FHA, and WLAD. E. Appeal. Interested persons, that are persons located within five hundred feet of the building site, may appeal the reasonable accommodation by filing a petition for review with Yakima County Superior Court within ten days of the date of mailing of the notice of decision. 15.09.200 — Adult Business A. Purpose: All adult business uses shall comply with the requirements of this Section. The purpose and intent of requiring standards for adult business uses is to mitigate the adverse secondary effects caused by such facilities and to maintain compatibility with other land uses and services. In furtherance of this purpose, this Section is intended to regulate the location of adult entertainment and commercial ente arises in order to .romote the health, safety and welfare of all (1s) ord/ citizens and in order to preserve and protect the quality of life in and around all neighborhoods through effective land use planning and reasonable regulation in light of the findings set forth herein and the facts and evidence contained in the legislative record. The standards established in this Section shall apply to all adult business uses. Adult business uses are recognized as having objectionable operational characteristics, particularly when they are aggregated in one area. Since these uses have a harmful effect upon adjacent uses, and residential and commercial uses in particular, special regulation of adult business uses is necessary to avoid adverse effects arising from adult businesses so they will not contribute to the blighting or downgrading of the surrounding neighborhood. It is the intent of this Section to allow these uses to exist in a dispersed manner within specific zoning districts. The standards established in this Section shall not be construed to restrict or prohibit the following activities or products: plays, operas, musicals, or other dramatic works; classes, seminars or lectures for educational or scientific purposes; nudity within a locker room or other similar facility used for changing clothing in connection with athletic or exercise activities; nudity within a hospital, clinic or other similar medical facility for health-related purposes; and all movies and videos that are rated G, PG, PG -13, R and NC -17 by the Motion Picture Association of America. B. Special Definitions Specific to this Section. For the purpose of this Section, the following words and phrases shall have the following meanings: 1. Adult Arcade/ viewing Booth means any booth, cubicle, stall, or compartment that is designed, constructed, or used to hold or seat patrons and is used for presenting adult media for observation by patrons therein. This definition does not apply to a theatre, movie house, playhouse, or a room or enclosure or portion thereof that contains more than 600 square feet. Those greater than 600 square feet shall be considered an Adult Motion Picture Theater. 2. Adult Business Uses means any uses on premises to which the adult public, patrons or members are invited or admittedor wherein any employee or other person provides, exhibits or performs adult entertainment or operates an adult commercial establishment, to or for a member of the adult public, a patron or a member, and specifically includes the list below. a. Adult commercial establishments; b. Adult motion picture theatres; lV. Adult arcades / _VleVV11bbooths; VVt J, d. Adult cabarets, dance halls and dance studios. Also refer to specific prohibited uses identified in Section 15.09.200(E). 3. Adult Cabaret/Dance hall or Dance Studio means a building or portion of a building regularly featuring dancing or other live adult entertainment if the dancing or entertainment provided is distinguished or characterized by an emphasis on the exhibiting of specified sexual activities or specified anatomical areas for observation by patrons therein (YMC Chapter 5.30). 4. Adult Commercial Establishment means any premises on or where adult media or sexually oriented toys or novelties are the majority of articles or items for sale and/or rent. Majority shall be determined to exist when forty percent (40%) or more of the establishment's gross public floor area is devoted to adult media or sexually oriented toys or novelties. Commercial establishments where the sale and/or rent of adult media or sexually oriented toys or novelties do not account for forty percent (40%) or more of the establishment's gross public floor area shall adhere to the standards set forth in section 15.09.200(C)(2). (ls) ord/ 5. Adult Entertainment means any exhibition or dance of any type, pantomime, modeling or any other performance, including motion pictures, which involves the exposure to view any specified anatomical areas or involves any specified sexual activities. 6. Adult Media means magazines, books, videotapes, movies, slides, cd-roms or other devices used to record computer images, or other media that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified anatomical areas or specified sexual activities. 7. Adult Motion Picture Theatre means an establishment emphasizing or predominantly showing movies that exhibit specified sexual activities 8. Body Studio means any premises, other than a licensed massage parlor, reducing salon., health spa or public bath house, upon which is furnished, or which is offered to be furnished, for a fee or charge or other like consideration, the opportunity or act of painting, massaging, feeling, handling or touching the unclothed body or any unclothed portion of the body of another person, or to observe, view or photograph any such activity. 9. Church See definition in YMC § 15.02.020 10. Escort and Introductory Service means services provided with the intent to perform prohibited specified sexual activities,specified sexual exhibitions or other activities prohibited in this Section. 11. Massage Parlor means a commercial establishment in which massage or other touching of the human body is provided for a fee and which excludes any person by virtue of age or sex from all or any portion of the premises in which such service is provided. 12. Media means anything printed or written, or any picture, drawing, photograph, motion picture, film, videotape or videotape production, or pictorial representation, or any electrical or electronic reproduction of anything that is or may be used as a means of communication. Media includes, but is not limited to, books, newspapers, magazines, movies, videos, sound recordings, cd-roms, other magnetic media, and undeveloped pictures. 13. Park See definition in YMC § 15.02.020 14. Residential Zoning District means the Suburban Residential (SR); Single -Family Residential (R-1); Two -Family Residential (R-2); and Multi -Family Residential (R-3) zoning districts as defined in YMC Ch. 15.03. 15. School See definition in YMC § 15.02.020 16. Sexually Oriented Toys or Novelties means instruments, devices, or paraphernalia either designed as representations of human genital organs or female breasts, or designed or marketed primarily for use to simulate human genital organs. 17. Specified Anatomical Areas means (1) Less than completely and opaquely covered: human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; and (2) human male genitals in a discernibly turgid state, even if completely and opaquely covered. 18. Specified Sexual Activities means human genitals in a state of sexual stimulation or arousal or acts of human masturbation, sexual intercourse, sodomy, or fondling or other erotic touching of human genitals, pubic region, buttock, or female breast. 19. Specified Sexual Exhibitions means any exhibition, performance or dance which is intended to sexually stimulate any member of the public and which is conducted on a regular basis or as a substantial part of the premises activity. This includes, but is not limited to, any such exhibition, performance or dance performed for, arranged with or engaged in with fewer than all members of the public on the premises at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance and which is commonly (1s) ord/ referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing or straddle dancing. C. Permitted Uses. Adult business uses shall be permitted subject to the following conditions: 1. Adult business uses shall be considered Class (2) uses, requiring Type (2) review, in and only in the CBD (Central Business District); GC (General Commercial) zoning districts: and as a Class (3) use, requiring Type (3) review, in and only in the M-1 (Light Industrial) zoning district when applicable development standards of this Section are met: 2. Commercial uses approved for zoning requirements of Chapter 15.04 through 15.08 that sell and/or rent adult media or sexually oriented toys or novelties, but for which that portion of the establishment's gross public floor area devoted to the sale or rent of adult media or sexually oriented toys or novelties accounts for less than forty percent (40%) of gross public floor area of the commercial use shall: a. Restrict persons under the age of eighteen (18) from purchasing and/or renting the adult items; and, b. Contain those adult items in a separate area appropriately sited and signed to restrict access to people under the age of eighteen (18), or behind a counter. D. Development Standards. The following standards shall apply to proposed adult business uses, permitted under this Section: 1. Adult business uses shall adhere to the following standards: a. Separation Standards 1. The parcel that contains the adult business use, and the signs relating to the use, shall not be located within five hundred (500) feet of any of the following preexisting uses or previously established districts: a. The outside boundary of any parcel that contains a public school, private school or day care facility; b. The outside boundary of any parcel that contains a church or other house of worship; c. The outside boundary of an existing public park; d. The outside boundary of any parcel that contains a public library; and, e. A residential zoning district. 2. The parcel that contains an adult entertainment use shall not be located within fifteen hundred (1500) feet of a parcel supporting a similar adult entertainment use as defined in this Section, ___teeth r ___..L similar _ 1 located __._lLhl __. ___i__,_ the L_ limits JGl%11V11, W11GLllG1 such Jllllll0.L use 1J 1Vl+0.LGLL Wlllllll or outside LllG l..lLy 111111W 3. The general sitescreening requirements of YMC Ch. 15.07 shall apply. 4. The searation reuirements stated in D1 a 1 a throu ' h e and D 1 a 2 above shall be measured by extending a straight line from the nearest point on the property line of the parcel containing the proposed adult entertainment use to the nearest point on the property line of the parcel containing the other adult entertainment use, school, daycare, church, public park, or public library. b. Licensing. In addition to Type (2) or Type (3) review required under C(1), above, all adult business uses, with the exception of adult commercial establishments, shall be subject to the licensing requirements of YMC Chapter 5.30. c. Hours of operation. Any adult business use, as defined in this Section, shall not conduct or operate any business or commercial function on or around their premises between the hours of two a.m. and eight -thirty a.m. of the same day. d. Signage. Signage of adult business uses, as defined in this Section, shall comply with the provisions of YMC Ch. 15.08, Signs, together with the following specific conditions: (ls) ord/ 1. Each adult business use shall be allowed one (1) on -premise sign which shall be limited to displaying the name of the establishment, the street address, the days and hours of operation, restrictions on the age of persons that may be admitted to the building and the non-specific identification of the NATURE of the stock -in -trade or entertainment offered therein (e.g. "Adult Toys", "Adult Books"). Nowhere on the signage or on the building visible to outside passersby shall appear any verbiage, insignias, pictures, drawings or other descriptions suggestive of sexual acts or actions, or which represent the sexually oriented material and/or performances of the adult entertainment use. 2. In accordance with § 5.30.040(5), adult entertainment establishments shall conspicuously post a readable sign at or near eachpublic entrance which clearly states, and isprinted in letters at least one -inch tall: "THIS ADULT ENTERTAINMENT ESTABLISHMENT IS REGULATED BY THE CITY OF YAKIMA". This sign shall not, for purposes of administration of this Section, limit the allowed use from having one (1) on -premise sign as indicated in § 15.09.200(D)(1)(d). Adult commercial establishments do not need to comply with this standard. e. Parking. The parking standards in YMC Ch. 15.06 shall apply to all off-street parking for uses under this Section. f. Design Standards. Adult Business Uses shall conform to the following design standards: 1. Buildings, fences, or other structures which are visible from any public right-of-way shall be of a neutral coloring and design scheme, similar to surrounding commercial facilities. 2. All windows, entries, and other openings shall be screened and/or covered in such a way that no business activity associated with adult entertainment uses, other than approved outside signage, shall otherwise be visible from any public right-of-way or other public space. E. Prohibited Uses. Adult uses not included in the definition of "adult business uses" pursuant to YMC 15.09.200(B)(5), are prohibited. Prohibited activities include, but are not limited to, massage parlors, escort and introductory services, body studios and specified sexual activities and exhibitions not specifically allowed under the definition of "adult business uses". F. Nonconfoi ing Uses. Any Adult Business Use, Specified Sexual Activity/Exhibition legally in operation on the effective date of this Section, shall be permitted to continue, provided that all adult business development standards set forth in this section, with the exception of the separation standards from 15.09.200(D), are complied with. Any Adult Business use pre-existing upon the effective date of this section meeting all development standards, except said separation standards, shall not be considered nonconforming and shall be allowed to remain as a legally established business. Provided, that any application for expansion, addition or relocation, after the effective date of this section, shall be subject to the review requirements of this section. A protected use specified in YMC 15.09.200(D)(1)(a)(1)(a) through (e) shall not benefit from the separation requirements of this Section if the protected use chooses to locate within five hundred (500) feet of a lawfully located and licensed adult entertainment use after the effective date of this ordinance. An adult business facility is lawfully located if it has located within the City in accordance with the requirements of this Section." Section 2. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. (ls) ord/ ,2009. PASSED BY THE CITY COUNCIL, signed and approved this day of ATTEST: David Edler, Mayor City Clerk Publication Date: Effective Date: (ls) ord/ CITY OF YAKIMA NOTICE OF PUBLIC HEARING Yakima Urban Area Zoning Ordinance Amendment Regarding Proposed Adult Business Ordinance NOTICE IS HEREBY GIVEN that the Yakima City Council and Yakima County Commissioners will conduct a joint open record public hearing for consideration of the Regional Planning Commission's recommendation to adopt the proposed Adult Business Ordinance and amend the Yakima Urban Area Zoning Ordinance. Said public hearing will be held on Tuesday, March 24, 2009 at 7:00 p.m., or as soon thereafter as possible, in the Council Chambers at Yakima City Hall, 129 North 2nd Street, Yakima, Washington. All interested parties are invited to attend this hearing. For further information, please contact Joseph Calhoun, Assistant Planner, 575-6162. Any citizen wishing to comment on this issue is welcome to attend the public hearing or contact the City Council in the following manner: 1) Send a letter via regular mail to "Yakima City Council, 129 N. 2"d Street, Yakima, WA 98901", or 2) E-mail your comments to ccouncil@ci.yakima.wa.us. Include in the e-mail subject line, "Adult Business Ordinance." Please also include your name and mailing address. Dated this 4th day of March, 2009 Deborah Moore City Clerk AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: Adult Business Ordinance City of Yakima I, Rosalinda Ibarra, as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of Public Hearing. A true and correct copy of which is enclosed herewith; that said notice was addressed to all parties of record, and that said notices were mailed by me on the 6th day of -viarcn4 x:117 i/ 2009. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Rosalinda Ibarra Planning Specialist 'abeth Fitzgerald Stewart Street Yakima, WA 98902 Father Joseph Copeland 618 South 3rd Avenue Yakima, WA 98902 Grapevine 801 Surnmitview Avenue Yakima, WA 98902 Yakima Arcade, Inc. 21 South Front Street Yakima, WA 98901 Parties of Record - Adult Business Ordinance Dennis Kelly 1904 South 72nd Avenue Yakima, WA 98903 Michael Purdin 312 %2 North 4th Avenue Yakima, WA 98902 St. John of Kronstadt School 706 Steward Street Yakima, WA 98902 Yakima Magazine Center 1157 Sweetwater Road Spring Valley, CA 91977 1 OrdnA-c LULL n Ut, .te-19 3Ia�V �v�f Jeff and Heidi Sorenson 710 Queen Avenue Yakima, WA 98902 Tracy Tobia 1309 South 44th Avenue Yakima, WA 98908 Eve's Garden 605 West Lincoln Avenue Yakima, WA 98902 Yakima Magazine Center 1107 North 1st Street Yakima, WA 98901 D pen r..e ord Al ULT : UR -NESS 0 INAN C; Joint : oard of the Yakima City Council nd Y .G kima County Commissioners Open Record P tic earing Jan } ary 20, 2009 CHAPTER A CHAPTER B CHAPTER C CHAPTER D CHAPTER E EXHIBIT LIST Table of Contents Regional Planning Commission (RPC) Findings of Fact, Conclusion and Recommendation Final Draft — Adult Business Ordinance RPC Agendas, Sign -In Sheets, and Minutes Public Notices Public Comments ADULT :' USIN 1-4, S S O EXHIBIT LIST INANCh CHAPTER A Regio al Planning Commission Findings of Fact EXHIBIT A-1 DOCUMENT Regional Planning Commission Findings of Fact, Conclusion, and Recommendation 11/18/08 YAKIMA !: AN AREA REGIONAL PLANNING COMMISSION FINDINGS OF FACT, CONCLUSIONS, AND RECOMMENDATION: Adult usiness Ordinance November 18, 2008 General Procedural and Public Participation Findings A public hearing of the RPC was noticed in a local newspaper of record on September 3, 2008, and said hearing occurred on September 18, 2008. Six interested persons appeared at the hearings and commented to the RPC regarding the Adult Business Ordinance. The RPC deliberated on suggested edits and reached consensus to amend the ordinance to address most of the comments received. A meeting was held on October 22, 2008 where staff suggested three changes to the RPC recommended ordinance. Those changes being: the inclusion of the M-1 zone, removal of barrier buffers, and name change from Adult Entertainment to Adult Business. The RPC agreed with staff changes. The ordinance was brought to the RPC to make» a recommendation on the changes at a public meeting on November 18, 2008. The RPC directed City staff to complete a final version of the draft Adult Business Ordinance. Other forms of public notice were provided in the following manner: 1. A general mailing to interested parties (SEPA Agencies and existing businesses) to provide notice of the September 18, 2008 hearing — September 3, 2008; 2. Posting on the City of Yakima's web site — September 3, 2008; 3. Announcements on the City of Yakima's public affairs television channel (YPAC) of scheduled public hearings — September 3, 2008; 4. Press releases to the local media — September 3, 2008; and 5. Posting of information at the offices of the City of Yakima Code Administration and Planning Division and Yakima City Clerk, in addition to locations designated by the Yakima City Clerk — September 3, 2008. 6. A general mailing to interested parties (existing businesses) to provide notice of the October 22, 2008 meeting — October 9, 2008. Findings of Fact by the Regional Planning Commission regarding Adult Business Ordinance Page 1 of 3 DOC. INDEX 0 A -I Summary of Proposed Ordinance 1. The purpose of the Adult Business Ordinance is to provide locations for such uses to locate and to protect certain uses from recognized objectionable effects. It is the intent of this section to allow these uses to exist in a dispersed manner within specific zoning districts. 2. Definitions, specific to this section, were added. 3, Adult business uusec AC r�eiiyned in this section, will allowed, CBD � --- will be as Class (2) uses, in the CBD (Central Business District) and GC (General Commercial) zoning districts; and as a Class (3) use in the M-1 (Light Industrial) zoning district. 4. Development standards for adult business use are proposed. These include: o Separation standards: 500 feet from a church, school, park, library, and residential zoning districts; and 1500 feet from a similar use. o Sitescreening requirements in accordance with YMC Ch. 15.07. • Licensing requirements for adult entertainment uses in accordance with YMC Ch. 5.30. o Limited hours of operation: cannot be open between 2 am and 8:30 am. o Signage shall be restricted to show only the name, address, hours of operation, age restriction, and the nature of the stock in trade. In addition, adult entertainment uses shall comply with signage requirements of YMC § 5.30.040(5). o Parking requirements in accordance with YMC Ch. 15.06. o Design Standards: buildings, fences or other structures shall be neutral in color scheme; and all windows, entries, or other openings shall be screened so no business activity can he seen fro_rn Any public right-of-way. 5. Specific uses that are prohibited are listed. 6. Nonconforming provisions: any adult business use legally operating prior to the establishment of this ordinance shall be required to adhere to all development standards, except separation standards. Uses preexisting which conform to the requirements (except separation standards) shall not be considered nonconforming and will be allowed to remain. Concflusions 1. The Adult Business Ordinance is exempt from SEPA review per WAC 197-11-800(19) as this is a procedural action "containing no substantive standards respecting use or modification of the environment" 2. The Adult Business Ordinance is consistent with the goals and policies of the Yakima Urban Area Comprehensive Plan 2025. 3. The City followed procedural requirements of the GMA to notify and advertise the Adult Business Ordinance to the public and to interested agencies and all oral and written comments received during all respective processes have been considered. 4. If adopted, the Adult Business Ordinance will be part of Chapter 15.09, Special Standards, of the Yakima Urban Area Zoning Ordinance. Findings of Fact by the Regional Planning Commission regarding Adult Business Ordinance Page 2 of 3 DOC. INDEX g e Recons endatioai The Yakima Urban Area Regional Planning Commission recommends that the Yakima City Council approve the Adult Business Ordinance. Motion Based upon the findings and conclusions outlined above, it was moved and seconded that the Regional Planning Commission recommend APPROVAL of the Adult Business Ordinance. The motion was carried unanimously. John Hodkinson, Chairman Regional Planning Commission Findings of Fact by the Regional Planning Commission regarding Adult Business Ordinance Page 3 of 3 Date DOC. INDEX 0 A-� ADULT USIN IH,SS ORDINANCE EXHIBIT LIST CHAPTER Final Draft — Adult Business Ordinance EXHIBIT # B-1 Final Draft — Adult Business Ordinance 11/18/08 15.09.200 Adult Business A. Purpose: All adult business uses shall comply with the requirements of this Section. The purpose and intent of requiring standards for adult business uses is to mitigate the adverse secondary effects caused by such facilities and to maintain compatibility with other land uses and services. In furtherance of this purpose, -this Section is intended to regulate the location of adult entertainment and commercial enterprises in order to promote the health, safety and welfare of all citizens and in order to preserve and protect the quality of life in and around all neighborhoods through effective land use planning and reasonable regulation in light of the findings set forth herein and the facts and evidence contained in the legislative record. The standards established in this Section shall apply to all adult business uses. Adult business uses are recognized as having objectionable operational characteristics, particularly when they are aggregated in one area. Since these uses have a harmful effect upon adjacent uses, and residential and commercial uses in particular, special regulation of adult business uses is necessary to avoid adverse effects arising from adult businesses so they will not contribute to the blighting or downgrading of the surrounding neighborhood. It is the intent of this Section to allow these uses to exist in a dispersed manner within specific zoning districts. The standards established in this Section shall not be construed to restrict or prohibit the following activities or products: plays, operas, musicals, or other dramatic works; classes, seminars or lectures for educational or scientific purposes; nudity within a locker room or other similar facility used for changing clothing in connection with athletic or exercise activities; nudity within a hospital, clinic or other similar medical facility for health-related purposes; and all movies and videos that are rated G, PG, PG -13, R and NC -17 by the Motion Picture Association of America. B. Special Definitions Specific to this Section. For the purpose of this Section, the following words and phrases shall have the following meanings: 1. Adult Arcade/Viewing Booth means any booth, cubicle, stall, or compartment that is designed, constructed, or used to hold or seat patrons and is used for presenting adult media for observation by patrons therein. This definition does not apply to a theatre, movie house, playhouse, or a room or enclosure or portion thereof that contains more 2:57:49 PM 12/23/2008 1 DOC. INDEX �j— than 600 square feet. Those greater than 600 square feet shall be considered an Adult Motion Picture Theater. 2. Adult Business Uses means any uses on premises to which the adult public, patrons or members are invited or admitted or wherein any employee or other person provides, exhibits or performs adult entertainment or operates an adult commercial establishment, to or for a member of the adult public, a patron or a member, and specifically includes the list below. a. Adult commercial establishments; b. Adult motion picture theatres; c. Adult arcades / viewing booths; d. Adult cabarets, dance halls and dance studios. Also refer to specific prohibited uses identified in Section 15.09.200(E). 3. Adult Cabaret/Dance hall or Dance Studio means a building or portion of a building regularly featuring dancing or other live adult entertainment if the dancing or entertainment provided is distinguished or characterized by an emphasis on the exhibiting of specified sexual activities or specified anatomical areas for observation by patrons therein (YMC Chapter 5.30). 4. Adult Commercial Establishment means any premises on or where adult media or sexually oriented toys or novelties are the majority of articles or items for sale and/or rent. Majority shall be determined to exist when forty percent (40%) or more of the establishment's gross public floor area is devoted to adult media or sexually oriented toys or novelties. Commercial establishments where the sale and/or rent of adult media or sexually oriented toys or novelties do not account for forty percent (40%) or more of the establishment's gross public floor area shall adhere to the standards set forth in section 15.09.200(C)(2). 5. Adult Entertainment means any exhibition or dance of any type, pantomime, modeling or any other performance, including motion pictures, which involves the exposure to view any specified anatomical areas or involves any specified sexual activities. 6. Adult Media means magazines, books, videotapes, movies, slides, cd-roms or other devices used to record computer images, or other media that are distinguished or DOC. INDEX 2:57:49 PM 12/23/2008 7 —I characterized by their emphasis on matter depicting, describing, or relating to specified anatomical areas or specified sexual activities. 7. Adult Motion Picture Theatre means an establishment emphasizing or predominantly showing movies that exhibit specified sexual activities 8. Body Studio means any premises, other than a licensed massage parlor, reducing salon, health spa or public bath house, upon which is furnished, or which is offered to be furnished, for a fee or charge or other like consideration, the opportunity or act of painting, massaging, feeling, handling or touching the unclothed body or any unclothed portion of the body of another person, or to observe, view or photograph any such activity. 9. Church See definition in YMC § 15.02.020 10. Escort and Introductory Service means services provided with the intent to perform prohibited specified sexual activities, specified sexual exhibitions or other activities prohibited in this Section. 11. Massage Parlor means a commercial establishment in which massage or other touching of the human body is provided for a fee and which excludes any person by virtue of age or sex from all or any portion of the premises in which such service is provided. 12. Media means anything printed or written, or any picture, drawing, photograph, motion picture, film, videotape or videotape production, or pictorial representation, or any electrical or electronic reproduction of anything that is or may be used as a means of communication. Media includes, but is not limited to, books, newspapers, magazines, movies, videos, sound recordings, cd -rocs, other magnetic media, and undeveloped pictures. 13. Park See definition in YMC § 15.02.020 14. Residential Zoning District means the Suburban Residential (SR); Single -Family Residential (R-1); Two -Family Residential (R-2),; and Multi -Family Residential (R-3) zoning districts as defined in YMC Ch. 15.03. 15. School See definition in YMC § 15.02.020 2.57:49 PM 12/23/2008 3 DOC. INDEX # i3_I 16. Sexually Oriented Toys or Novelties means instruments, devices, or paraphernalia either designed as representations of human genital organs or female breasts, or designed or marketed primarily for use to simulate human genital organs. 17. Specified Anatomical Areas means (1) Less than completely and opaquely covered: human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; and (2) human male genitals in a discernibly turgid state, even if completely and opaquely covered. 18. Specified Sexual Activities means human genitals in a state of sexual stimulation or arousal or acts of human masturbation, sexual intercourse, sodomy, or fondling or other erotic touching of human genitals, pubic region, buttock, or female breast. 19. Specified Sexual Exhibitions means any exhibition, performance or dance which is intended to sexually stimulate any member of the public and which is conducted on a regular basis or as a substantial part of the premises activity. This includes, but is not limited to, any such exhibition, performance or dance performed for, arranged with or engaged in with fewer than ail members of the public on the premises at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance and which is commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing or straddle dancing. C. Permitted Uses. Adult business uses shall be permitted subject to the following conditions: 1. Adult business uses shall be considered Class (2) uses, requiring Type (2) review, in and only in the CBD (Central Business District), GC (General Commercial) zoning districts; and as a Class (3) use, requiring Type (3) review, in and only in the M-1 (Light Industrial) zoning district when applicable development standards of this Section are met: 2. Commercial uses approved for zoning requirements of Chapter 15.04 through 15.08 that sell and/or rent adult media or sexually oriented toys or novelties, but for which that portion of the establishment's gross public floor area devoted to the sale or rent of adult media or sexually oriented toys or novelties accounts for less than forty percent (40%) of gross public floor area of the commercial use shall: a. Restrict persons under the age of eighteen (18) from purchasing and/or renting the adult items; and, 2:57:49 PM 12/23/2008 4 DOC. INDEX l 13-' b. Contain those adult items in a separate area appropriately sited and signed to restrict access to people under the age of eighteen (18), or behind a counter. D. Development Standards. The following standards shall apply to proposed adult business uses, permitted under this Section: 1. Adult businesst uses shall adhere to the following standards: a. Separation Standards 1. The parcel that contains the adult business use, and the signs relating to the use, shall not be located within five hundred (500) feet of any of the following preexisting uses or previously established districts: a. The outside boundary of any parcel that contains a public school, private school or day care facility; b. The outside boundary of any parcel that contains a church or other house of worship; c. The outside boundary of an existing public park; d. The outside boundary of any parcel that contains a public library; and, e. A residential zoning district. 2. The parcel that contains an adult entertainment use shall not be located within fifteen hundred (1500) feet of a parcel supporting a similar adult entertainment use as defined in this Section, whether such similar use is located within or outside the City limits 3. The general sitescreening requirements of YMC Ch. 15.07 shall apply. 4. The separation requirements stated in D(1)(a)(1) (a) through (e) and D(1)(a)(2), above, shall be measured by extending a straight line from the nearest point on the property line of the parcel containing the proposed adult entertainment use to the nearest point on the property line of the parcel containing the other adult entertainment use, school, daycare, church, public park, or public library. b. Licensing. In addition to Type (2) or Type (3) review required under C(1), above, all adult business uses, with the exception of adult commercial establishments, shall be subject to the licensing requirements of YMC Chapter 5.30. 2:57:49 PM 12/23/2008 5 DOC. INDEX c. Hours of operation. Any adult business use, as defined in this Section, shall not conduct or operate any business or commercial function on or around their premises between the hours of two a.m. and eight -thirty a.m. of the same day. d. Signage. Signage of adult business uses, as defined in this Section, shall comply with the provisions of YMC Ch. 15.08, Signs, together with the following specific conditions: 1. Each adult business use shall be allowed one (1) on -premise sign which shall be limited to displaying the name of the establishment, the street address, the days and hours of operation, restrictions on the age of persons that may be admitted to the building and the non-specific identification of the NATURE of the stock -in -trade or entertainment offered therein (e.g. "Adult Toys", "Adult Books"). Nowhere on the signage or on the building visible to outside passersby shall appear any verbiage, insignias, pictures, drawings or other descriptions suggestive of sexual acts or actions, or which represent the sexually oriented material and/or perfoiniances of the adult entertainment use. 2. In accordance with § 5.30.040(5), adult entertainment establishments shall conspicuously post a readable sign at or near each public entrance which clearly states, and is printed in letters at least one -inch tall: "THIS ADULT ENTERTAINMENT ESTABLISHMENT IS REGULATED BY THE CITY OF YAKIMA". This sign shall not, for purposes of administration of this Section, limit the allowed use from having one (1) on -premise sign as indicated in § 15.09.200(D)(1)(d). Adult commercial establishments do not need to comply with this standard. P. Parking The parking standards in YMC Ch_ 15.06 shall apply to all off-street parking for uses under this Section. f Design Standards. Adult Business Uses shall conform to the following design standards: 1. Buildings, fences, or other structures which are visible from any public right-of-way shall be of a neutral coloring and design scheme, similar to surrounding commercial facilities. 2. All windows, entries, and other openings shall be screened and/or covered in such a way that no business activity associated with adult entertainment uses, other 2:;7:49 PM 12/23/2008 DOC. INDEX V than approved outside signage, shall otherwise be visible from any public right-of-way or other public space. E. Prohibited Uses. Adult uses not included in the definition of "adult business uses" pursuant to YMC 15.09.200(B)(5), are prohibited. Prohibited activities include, but are not limited to, massage parlors, escort and introductory services, body studios and specified sexual activities and exhibitions not specifically allowed under the definition of "adult business uses". F. Nonconforming Uses. Any Adult Business Use, Specified Sexual Activity/Exhibition legally in operation on the effective date of this Section, shall be permitted to continue, provided that all adult business development standards set forth in this section, with the exception of the separation standards from 15.09.200(D), are complied with. Any Adult Business use pre-existing upon the effective date of this section meeting all development standards, except said separation standards, shall not be considered nonconforming and shall be allowed to remain as a legally established business. Provided, that any application for expansion, addition or relocation, after the effective date of this section, shall be subject to the review requirements of this section. A protected use specified in YMC 15.09.200(D)(1)(a)(1)(a) through (e) shall not benefit from the separation requirements of this Section if the protected use chooses to locate within five hundred (500) feet of a lawfully located and licensed adult entertainment use after the effective date of this ordinance. An adult business facility is Lawfully located if it has located within the City in accordance with the requirements of this Section. 2:57A9 PM 12/23/2008 7 DOC. INDEX ULT 1 in Us Exrn _ss IT LIST I V A l V C CHAPTE C C — Agendas, Sign4n Sheets, Mi utes v Y a C-1 Agenda, Sign -hi Sheet, and Minutes for Meeting of September 18, 2008 09/18/08 C-2 Agenda, Sign -In Sheet, and Minutes for Meeting of October 22, 2008 10/22/08 C-3 Agenda, Sign -Inn Sheet, and Minutes for Meeting of November 18, 2008 11/18/08 C-4 Map 0 1 inch = 3,000 feet City Limits 0 Adult Stores //J 500 Ft Buffer for Schools School 500 Ft Buffer for Churches Church Property 500 Ft Buffer for Parks - Park Area I7/7., 1500 Ft Buffer Available CBDS & GC 1041 Acres 685 Within City timts Available M-1 2613 Acres 1008 within City Limits CBD & GC 1068 Acres 711 Within City Limits 1111 M-1 2703 Acres 1082 within City Limits 1 inch = 3,000 feet © City Limits 0 Adult Stores 500 Ft Buffer for Schools School 77,1 500 Ft Buffer for Churches 1: Church Property VAI 500 Fl Buffer for Parks Park Area i/:',//1 1500 Ft Buffer E Available CBD & GC 1041 Acres 685 Wt. (5d -,f Available M-1 2613 Acres 1008 vnthin City CBD 8 GC 1068 Acres 711 Within City Limb M-1 2703 Acres 1082 within City Limits ,it MI w Yakima Urban Area Regional Planni g Commission Public Hearig RPC Members: Yakima City Hall Council Cha ii bers Tuesday November 18, 2008 Beginning at 3:00 p.m. John Hodkinson — Chairman, Bernie Kline — Vice Chairman, pis -J., Rockey Marshall, Jerry Craig & John Gehlsen John Cxa Ford AGENDA I. Call to Order II. Approve the minutes of September 25, 2008 and October 22, 2008 III. Adult Business Ordinance - Consideration / Discussion / Adoption of Findings IV. 2008 Comprehensive Plan Amendments — Public Hearings a. CPA#1-08: Heidi Anderson —1023 South 32" Avenue b. CPA#2-08: Larry Dean Hull — 22 Ranchrite Road c. CPA#4-08: Maria L. Chavez —1019 & 1021 South 10th Avenue V. Future Agenda Items VI. Adjourn DOC. INDEX # c-3 SIGN -IN SHEET Yakima Urban Area Regional Planning Commission Yakima City Hall Council Chambers Public Healing Tuesday November 18, 2008 3:00 p.m. - 5:00 p.m. PLEASE WRITE LEGIBLY r-Iee„ ems, 17'' JA ,Z-Prf(As7 v1/4 -t. Ick nn�_ l low- iv uMn, ��:�,� SV.4e 5.011)it( 91?"?io.3 Page 1 of DOC. INDEX ( 5 Yakima Urban Area Regional Planning Commission Public Hearing November 18, 2008 Roll Call RPC Members Present: John Hodkinson, Chairman; Jerry Craig, Rockey Marshall, John Crawford, John Gehlsen Absent: Bernie Kline Staff Present: Bruce Benson, Acting Planning Manager; Joseph Calhoun, Assistant Planner; Vaughn McBride, Associate Planner; and Rosalinda Ibarra, Planning Specialist Call to Order Chairman John Hodkinson called the meeting to order at 3:08 p.m. Approval of Minutes A motion was made by Mr. Jerry Craig and seconded by Mr. John Gehlsen to approve the minutes of September 25, 2008 and October 22, 2008. Motion carried by unanimous vote. Adult Entertainment Ordinance Continuation — Consideration / Adoption of Findings Mr. Hodkinson reviewed the changes made to the draft of the Adult Business Ordinance. The three changes were the inclusion of the M-1 Light Industrial with a Type 3 Review, removal of the buffer requirements, and the name change of the ordinance from Adult Entertainment to Adult Business. Mr. Hodkinson welcomed Mr. John Crawford as a new member of the Regional Planning Commission. He was appointed today (November 18, 2008). No questions or discussion followed. A motion was made by Mr. John Gehlsen .and seconded by Mr. Jerry Craig to recommend approval and adopt the findings of fact for the Adult Business Ordinance. The motion carried by unanimous vote. 2008 Comprehensive Plan Amendments — Public Hearings and Testimony Mr. Vaughn McBride presented the three applications submitted for the 2008 Comprehensive Plan Amendments. CPA#1-08 — Submitted by Heidi Anderson — 1023 South 32nd Avenue The applicant is requesting a change in the Future Land Use map from Medium Density Residential to Neighborhood Commercial. The Hearing Examiner recommended approval of the rezone from R-2 (Two -Family Residential District) to B-2 (Local Business District). The property is currently being used for commercial uses. Staff recommends approval of this request. Testimony provided during the hearing was made by Mr. Rod Nelson, 1102 West Yakima Avenue. Being a board member of the current business of the subject property, Children's Wishes and Dreams, Mr. Nelson spoke in favor of this proposal and asks the commission to approve the comp plan amendment request. DOC. INDEX # c--3 CPA#2-08 — Submitted by Larry Dean Hull — 22 Ranchrite Road The applicant is requesting a change in the underlying Comprehensive Plan's land use designation from Industrial to Arterial Commercial. The Hearing Examiner recommended approval of the rezone from M-2 (Heavy Industrial District) to CBDS (Central Business District Support). The property is currently being used as a commercial parking lot. Staff recommends approval of this request. Tastirnnny alas prrwided by Mr, i nn -y rlean Hull proponent. He commented that this property has been improperly zoned for the type of use is has historically had. Mr. Hull asks the commission to approve this request in order to bring it into conformity with the use and compatible with the adjacent properties. CPA#3-08 — Submitted by Maria E. Chavez — 1019 and 1021 South 10`" Avenue The applicant is requesting a change in the Future Land Use map from Low Density Residential to Neighborhood Commercial. The Hearing Examiner recommended approval of the rezone from R-1 (Single -Family Residential District) to B-2 (Local Business District). The proposal would bring the current use into conformity and compliant with current zoning standards. The current zone designation is not suited for residential uses because it does not meet the minimum lot size requirements. Along with the Comp Plan request, the applicant also submitted a Class 2 Review application for the future site of a vocational school. In the B-2 zone a vocational school is permitted under a Class 2 Review. The Class 2 Review application is not being considered by the Regional Planning Commission. No testimony was provided on this request. Mr. Hodkinson closed the hearing for the comprehensive plan amendments and continued onto discussion and adoption by the commission. 2008 CPA's — Discussion and Adoption CPA#1-08 — Submitted by Heidi Anderson — 1023 South 32nd Avenue Mr. Jerry Craig questioned if the request for CPA#1-08 were not approved, would the existing operating business have to go out of business. Clarification was made by Mr. Hodkinson in that the existing business would not have to go out of business; but if this request were denied, the exibtl118 Inthiliess would not lie allowed to operate 111 that location. Mr. John Gehlsen inquired about the comment letter submitted by Ms. Janice Woolen and the response by city staff. Mr. McBride responded that through his review he did not come up with documentation to support her statements. Ms. Woolen also states in her letter that she does not object to the proposal. A motion was made by Mr. Rockey Marshall and seconded by Mr. John Gehlsen to recommend approval of the amendment request. Motion carried by unanimous vote. CPA#2-08 — Submitted by Larry Dean Hull — 22 Ranchrite Road Mr. Craig asked if there was a concern of giving up industrial land along the railroad tracks. Mr. Hodkinson commented that it would make sense to approve this request. 2 DOC. INDEX Ts' tJ'., A motion was made by Mr. Jerry Craig and seconded by Mr. Rockey Marshall to recommend approval of the amendment request. Motion carried by unanimous vote. CP.A#3-08 — Submitted by Maria E. Chavez — 1019 and 1021 South 10th Avenue No comments or discussion on behalf of the Regional Planning Commission. A motion was made by Mr. Rockey Marshall and seconded by Mr. John Gehlsen to recommend approval of the amendment request. Motion carried by unanimous vote. Discussion of Future Agenda Items Mr. Benson has not heard from Yakima County regarding the West Valley Neighborhood Plan and does not expect that to go before the Regional Planning Commission due to the Holidays corning up. He thanked the commission members for all the hard work and the accomplishments for the year 2008. Mr. Benson also welcomed Mr. Crawford to the RPC board. Some of the tasks for the upcoming year (2009) are the yearly Comprehensive Plan Amendments, updates to the Urban Area Zoning Ordinance and to the Subdivision Ordinance. Discussion ensued regarding Title 12 in respect to Master Planned Developments. The next Regional Planning Commission will be until after the New Year. Adjournment Mr. Hodkinson moved to adjourn the meeting. The meeting adjourned at 3:40 p.m. Minutes for this meeting submitted by: Rosalinda Ibarra, Planning Specialist 3 DOC. INDEX # a-3 e as m.n a.•ia 1 s:��.a6621C'617d �.: i.°v°1°valva $ii"r6�a iaivil'a:i.,�tiivii'Liiai. uia:va.6.va �vat:tv8 Planning Division 129 North Second Street, 2nd Floor Yakima, Washington 98901 (509) 575-6183 • Fax (509) 575-6105 • www.ci.yakima.wa.us AGENDA Yakima Urban Area Regional Planning Commission Public Meeting Yakima City Hall Council Chambers Wednesday October 22, 2008 Beginning at 3:00 p.m. It'UK 1'MB RECORD / FILE RPC Members: John Hodkinson — Chairman, Bernie Kline — Vice Chairman, Ted Marquis Jr., Charlotte Baldwin, Rockey Marshall, Jerry Craig & John Gehlsen 1. Call to Order II. Approve the minutes of September 25, 2008 III. Report on modifications and changes made to the Adult Business Ordinance. IV. Consideration / Discussion / Adoption of Findings V. Discussion of future agenda items VI. Adjourn DOC. INDEX IL /-2 Yakima r�ry' 1YY4 1U1( I HL RECORD / FILE SIGN -IN SHEET Yakima Urban Area Regional Planning Commission Yakima City Hall Council Chambers Study Session Wednesday October 22, 2008 3:00 p.m. — 5:00 p.m. PLEASE WRITE LEGIBLY NAME ADDRESS ZIP CODE CLAA tct\DLk\t. 4tc'. ,O) 5 .001 11)10 �� ask ck. 1 , «qoz • �-/='ri5 /�/ /y /9 .So % A/ ,�,,m,,... X. 25 7 3 7/6 Qv 1 �4vc (��klKil 9ffoz �o----- 7/0 a✓� AL,E. '61 t< (,0A. i Gig 5, 5r n -kg. 90 -1 - 1 je4kfyy‘ct Page 1 of DOC. INDEX Roll Call RPC Members Present: Absent: Staff Present: Yakima Urban Area Regional Planning Commission Public Meeting October 22, 2008 FUK d rill; RECORD/ FILE John Hodkinson, Chairman; Bernie Kline, Jerry Craig Tl .A d___L_11 i ot:RGy lvi4lJllttll, ICU 1vi4I9u1J, J01111'JC111JC11 Bruce Benson, Acting Planning Manager; Joseph Calhoun, Assistant Planner; and Rosalinda Ibarra, Planning Specialist Call to Order Chairman John Hodkinson called the meeting to order at 3:10 p.m. Approval of Minutes Due to a lack of quorum, the minutes of September 25, 2008 were not approved. Report on Modifications and Changes made to the Adult Entertainment Ordinance Assistant Planner Joseph Calhoun presented to the Regional Planning Commission members the revisions made to the draft of the Adult Entertainment Ordinance. The Adult Entertainment Ordinance public hearing occurred on September 18, 2008. At that meeting, a motion was made to approve the ordinance with changes that came up during the hearing through public testimony. However after further review by the planning staff, there were a few issues of concern with the proposed changes and will be discussed tonight. One of the concerns was the removal of permitted uses in the M-1 (Light Industrial) zone because it would limit the available property in which an adult business can locate. Staff would recommend not removing the M-1 zone. Another concern was the barrier buffer requirements because of the difficulty in applying and enforcing the standards should an adult business locate in a "strip mall". Staff recommends removing the barrier buffer requirements and only applying the general sitescreening requirements of YMC Chapter 15.07. The third concern was the name of the proposed ordinance "Adult Entertainment Ordinance ". Staff recommends changing the name of the ordinance to "Adult Business Ordinance" to prevent confusion since there are differences between "entertainment" and "business" type uses. • Four different versions were handed out to the RPC members with the intent that one of those versions would be acted upon if a quorum were present. The first is the "original draft" as it was proposed and approved by the RPC at the September 18, 2008 hearing. The second draft had the ordinance name change from "Adult Entertainment" to "Adult Business' and the removal of permitted uses in the M-1 zoning district. The third draft had the name change, the removal of the M-1 zoning, and the removal of the barrier buffer requirements. And the fourth draft had the name change and the removal of the barrier buffer requirements. Staff recommends to the Regional Planning Commission to reconsider the adoption and approve the draft which proposes the removal of the barrier buffer requirements and changes the name of the ordinance to "Adult Business Ordinance" and to include the M-1 zoning district in the permitted uses. 1 DOC. INDEX 46 W (-d Consideration / Discussion / Adoption of Findings No action could be taken due to a lack of.quorum. Mr. Hodkinson welcomed any discussion from the audience and the RPC members present. Dennis Kelly, 1904 South 72nd Avenue, spoke in support of the inclusion of the M-1 zone in the Adult Business Ordinance. Mr. Hodkinson questioned the possibility of including the M-1 zone as a Class 3 Review (Type III Review). Mr. Benson agreed. Mr. Kelly understands the reasoning to impose that level of review. Mr. Bernie Kline and Mr. Jerry Craig agree with including the Light Industrial zone as a Type III Review. Elizabeth Fitzgerald, School Board President and Administrator at St. John's School, read for the record a letter she had prepared for this meeting (see "Exhibit A" in the file), thanking the Regional Planning Commission and planning staff for their work and effort in putting together this ordinance to address concerns on this type of use. She included the Educational Service District 105 list of State Approved Private Schools in Yakima County and requested that those private schools be included in the Separation Standards section of the ordinance. Father Joseph Copeland, Holy Cross Orthodox Church, spoke in favor of the proposed ordinance and commended the commission for regulating this type of business use. He expressed a couple of concerns, one the overall effect this type of business has on the community. And the second is the safety of children in close proximity to adult businesses. Jeff Sorenson, owner of Grapevine, thanked the RPC for the modifications made to the proposed ordinance. Dennis Kelly questioned if the ordinance would address or state the reasoning behind the intent of a higher level of review (Type III Review) for a permitted use in the M-1 zoning district. Mr. Benson responded that the Type III Review implies the possibility of a permitted use in that zoning district and it also indicates the incompatibility. RPC directed staff to make the changes to the Adult Business Ordinance and bring it back to RPC as a draft. Discussion of Future Agenda Items Mr. Benson informed RPC of the 2008 Comprehensive Plan Amendments. Public hearings will be scheduled before the Regional Planning Commission soon after the Hearing Examiner's recommendation is received for one of the Comp Plan Amendment proposals. Adjournment Mr. Hodkinson moved to adjourn the meeting. The meeting adjourned at 3:28 p.m. Minutes for this meeting submitted by: Rosalinda Ibarra, Planning Specialist 2 DOC. INDEX Planning Division 129 North Second Street, 2nd Floor Yakima, Washington 98901 (509) 575-6183 • Fax (509) 575-6105 • www.ci.yakima.wa.us AGENDA Yakima Urban Area Regional Planning Commission Public Hearing Yakima City Hall Council Chambers Thursday September 18, 2008 Beginning at 5:00 p.m. RPC Members: John Hodkinson — Chairman, Bernie Kline — Vice Chairman, Ted Marquis Jr., Charlotte Baldwin, hockey Marshall, Jerry Craig & John Gehlsen I. Call to Order II. Approve minutes of August 7, 2008 III. Adult Entertainment Ordinance Public Hearing IV. Close Public Hearing V. Consideration / Discussion of Proposed Ordinance VI. Discussion of future agenda items: a. Airport Safety Overlay Study Session (09/25/08) b. West Valley Neighborhood Plan (tentatively scheduled for 10/01/08) VII. Adjourn DOC. INDEX # P -I � Yak....e SIGN -IN SHEET Yakima Urban Area Regional Planning Commission Yakima City Mall' Council Chambers Public Hearing Thursday September 18, 2008 5:00 p.m. - PLEASE WRITE LEGIBLY NAME ADDRESS ZIP CODE 7/0 ('-po(.E1.`) eivE PAk„tet,. LAM 99(-) ? tIZ/saps 14:,(;)1 S vizE. l��o� --I t a Cam GirrJ B',J �Wet A \jJf . 95c, oz.. c ko, R01 - n1 2'� N r-{ift'' PN L ok,\d r.,,e. ,„ qua 6 2- .(16_ 10/A 1 618 S. S(.--- Plx: fi 661 -rt_ )yph)i-ng /6-R -5 i- `-- ‘-u& qa k_. 9s O7 DOC. INDEX # c-) Yakima Urban Area Regional Planning Commission Public Hearing September 18, 2008 Roll Call RPC Members Present: John Hodkinson, Chairman; Bernie Kline, Jerry Craig, and John (;ahlcen Absent: Rockey Marshall (excused), Ted Marquis, and Charlotte Baldwin Staff Present: Bruce Benson, Acting Planning Manager; Joseph Calhoun, Assistant Planner; Bill Cook, Director of Community & Economic Development; Jeff Cutter, Senior Assistant City Attorney; and Rosalinda Ibarra, Planning Specialist Call to Order Chairman John Hodkinson called the meeting to order at 5:12 p.m. Approval of Minutes Bernie Kline moved to approve the minutes of August 7, 2008. A motion was made and seconded by Jerry Craig to approve the minutes of August 7, 2008. Motion carried by unanimous vote. Mr. Bruce Benson introduced himself. He also presented Joseph Calhoun, who is the planner that was assigned to prepare the Adult Entertainment Ordinance with the help of Jeff Cutter from the City's Legal Department. Today's meeting consists of an open record public hearing regarding a text amendment to the Yakima Urban Area Zoning Ordinance with the proposed Adult Entertainment Ordinance being presented. .The Adult Entertainment Ordinance is intended to regulate the location and operations of adult entertainment business within the city of Yakima and if adopted it will be part of Chapter 15.09: Special Standards of the Yakima Urban Area Zoning Ordinance. Previously, there were two study sessions performed, which were held on November 14 and November 28, 2007. Mr. Benson read all the six sections of the ordinance by topic. Specifically, Section F: Nonconforming Uses, which was modified from earlier drafts of the previous study sessions. This open record public hearing will set the record for a closed record public hearing before the Yakima City Council, in which no new testimony will be perrni tteu. Mr. Hodkinson asked for clarification in Section F: Non Conforming Uses, referring to the last sentence in that section, which states: An adult entertainment facility is lawfully located if it has located within the City in accordance with the requirements of this Section, Mr. Benson clarified that existing busineccPc that have conformed to this section would be considered legally existing businesses. Adult Entertainment Ordinance Public Hearing Mr. Hodkinson opened the public hearing. Mr. Jeff Sorenson, who owns and operates Grapevine Video and Novelty, addressed the board with his concerns on the proposed ordinance. He doesn't consider his business to be an adult DOC. 1 INDEX tJl A 1 (; 1 entertainment establishment. He sells retail merchandise which can be purchased by anyone in other local and major retail businesses in town and those businesses are not classified as adult businesses. He described examples of items. He expressed that the only difference between his business and the other stores is that no one under the age of 18 is allowed into his store without proper ID. His objection to the proposed ordinance is the definition of "Adult Commercial Establishment". Tracy Tobia, owns and operates Eve's Garden for the past 15 years. Ms. Tobia's explained her apprehension to the ordinance. She is concerned on how the proposal would affect her in the future when she plans to retire and sell her business. She would like the ability to sell and for the new owner to obtain a business license and continue the operation of the existing use in that same location. Another of her concern is the buffer requirements. The location of her establishment on West Lincoln Avenue limits the likelihood of carrying out the buffer conditions set forth in the proposed ordinance. Heidi Sorenson, spouse of Jeff Sorenson and owner of Grapevine Video and Novelty, presented her testimony. She read to the board a statement she had previously prepared which pointed out her concerns. Her problem with the proposed ordinance is the distance of 1500' from a similar use business, the sight -obscuring barrier buffers, and the design standards. In conclusion to her testimony, she stated that if the "strict" standards were complied with one would be in violation of freedom of speech and the development standards appear to be discriminatory. Michael Purdon, who lives within 1500 feet of both the Grapevine and Eve's Garden, spoke in support of the business owner's concerns. He asked for a better map that shows locations of zones with permitted uses of adult entertainment establishments. Elaine Henderson, resides in Yakima, expressed her opinion on the proposed ordinance. She believes the ordinance seems discriminatory, the design standards pose higher costs for private business owners, the 1500' distance seems to be a lot, and the right for adult businesses to advertise. The owners of these types of business are in some way beneficial to law enforcement officials because they cooperate and have knowledge of sexual deviance in the area. She supports the existing business owners. Tracy Tobia would like the Regional Planning Commission members to consider the adult businesses as permitted uses within 500 feet of residential zoning districts. She made comparisons with bars and taverns, which do not have that distance restriction near residential zones. Michelle Bariclow expressed her views on the adult entertainment ordinance. She believes it is a choice one makes when walking into these kinds of establishments. And thinks they are not offensive places. She opposes the ordinance development standards and supports the existing business position. After no further testimony given, Mr. Hodkinson closed the public hearing. Consideration / Discussion of Proposed Ordinance Mr. Craig requested clarification on the existing uses to continue under Section F: Nonconforming Uses. If an owner wants to establish a new adult business it would have to DOC. 2 INDEX # C -I conform to all the standards under the proposed ordinance. Those preexisting business that are "grandfathered" in shall not be considered nonconforming and will be allowed to remain as legal permitted uses. If the business sells or goes through a transfer of ownership the use can continue as is. However, if they were to expand, add, or relocate their current business they would be subject to the review requirements of the proposed ordinance. Mr. Gehlsen concluded from the testimony given .that many are opposed to the separation standards and sitesLicciIing requirements. Mr. Craig commented on the definition and the various levels of adult shops that can exist. Further discussion continued among the RPC members on the topic. Mr. Hodkinson referred back to the permitted use of the adult businesses in the M-1 zone (Light Industrial) and how that zone is reserved for light -industrial uses. Both Mr. Sorenson and Ms. Tobia talked about the difficulty they went through to find and lease a location for their respective businesses. And with the separation standards it would be even more complicated for new businesses to locate anywhere within the City of Yakima. In response, Mr. Jeff Cutter (City Legal Department) stated that there are laws in which the city has to provide for these types of businesses to exist and locate in certain zoning districts. The definitions and regulations of this ordinance have been created using ordinances from other jurisdictions which have been established. Ms. Bariclow suggested that the major corporations should also comply with the regulations of this ordinance, in regards to the buffer/sitescreening requirements, if they sell adult based merchandise. Mr. Purdon commented that the proposed ordinance doesn't make a comparison on "adult entertainment" vs. adult retail and he believes the ordinance should. • A motion was made by Mr. John Gehlsen and seconded by Mr. Bernie Kline to remove the M-1 zone (Light Industrial) from the permitted uses. Motion carried by vote. Mr. Jerry Craig voted no. Motion passed 3-1. A motion was made by Mr. Gehlsen and seconded by Mr. Craig to recommend the proposed ordinance, with the removal of the M-1 zone, to the city council. Motion carried by vote. Mr. Bernie Kline voted no. Motion passed 3-1. Future agenda items include the Airport Safety Overlay Study Session scheduled for September 25, 2006 and the West Valley Neighborhood Pian which does not have a set date yet. Mr. Hodkinson moved to adjourn the meeting. The meeting adjourned at 6:05 p.m. Minutes for this meeting submitted by: Rosalinda Ibarra, Planning Specialist 3 DOC. INDEX J # L - l ADULT BUSINESS ORDINANCE EXHI IT LIST CHAPTER D Public Notices I' EXHIBIT DOCUMENT .., _ _:. .:: > :, , _;_ ., ..... . D-1 Agenda Statement — City of Yakima 2008 State Legislative Priorities 12/04/07 D-2 Letter to business owners regarding proposed changes to Urban Area Zoning Ordinance. 06/05/08 D-3 Notice of Cancellation of RPC Meeting 06/13/08 D-4 Notice of RPC Public Hearing — and Proposed Adult Entertainment Ordinance D -4a: Parties of Interest Notified D -4b: Legal Notice and Confirmation E-mail D -4c: Press Release and Distribution E-mail D -4d: YPAC Announcement 09/03/08 D-5 Letter to business owners regarding RPC meeting to consider proposed Adult Entertainment Ordinance. 10/09/08 D-6 Agenda Statement — Set Date for Joint Board Public Hearing 12/09/08 D-7 Notice of Joint Board Public Hearing 12/10/08 D-8 Letter of Transmittal to City Clerk — Complete Council Packet and Labels 12/23/08 CITY OF YAKIMA, PLANNING DIVISION LETTER OF TRANSMITTAL I, Rosalinda Ibarra, as an employee of the Yakima City Planning Division, have transmitted to: Debbie Moore, Yakima City Clerk by hand delivery, the following: ® Complete Council Packet for ADULT BUSINESS ORDINANCE. ® Mailing labels of Parties of Record for ADULT BUSINESS ORDINANCE. This contains the complete record and will be reviewed at a closed record public hearing to be held by the Joint Board of the Yakima City Council and Yakima County Commissioners on January 20, 2009. Signed this 23rd day of December, 2008. �.�bC1Jt�,� I4alinda Ibarra Planning Specialist Received By:42-z--A-1_A23--4)7 LTA Date: %2/ci%Or DOC. INDEX ita:y Peel oL bel,a Use Avery® TEMPLATE 5960'm Elizabeth Fitzgerald 706 Sttwart Street Yakima, WA 98902 Father Joseph Copeland 618 South 3rd Avenue Yakima, WA 98902 ivi v._ Grapevine 801 Summitview Avenue Yakima, WA 98902 Yakima Arcade, Inc. 21 South Front Street Yakima, WA 98901 Royale Schneider Codes Mike Antijunti Engineering Mike Shane Water/Irrigation Joan Davenport Traffic Engineering Jerry Robertson Codes !la etiquette; fadles i3 peler Utilisez le gabarit AVERY® 5960" Feed Paper gee ULT-47Fic m (A> ® for Easy Peel Feature Dennis Kelly 1904 South 72nd Avenue Yakima, WA 98903 Michael Purdin 312 Y2 North 4th Avenue Yakima WA 98902 St. John of Kronstadt School 706 Steward Street Yakima, WA 98902 Yakima Magazine Center 1157 Sweetwater Road Spring Valley, CA 91977 City Legal Carolyn Belles Codes Ron Melcher Fire Dept. Office of Neighborhood and Development Services For the RECORD / FILE Sens de cherger neat .'`�'I�R 0596UTai Jeff and Heidi Sorenson 710 Queen Avenue Yakima, WA 98902 Tracy Tobia 1309 South 44th Avenue Yakima WA 98908 Eve's Garden 605 West Lincoln Avenue Yakima, WA 98902 Yakima Magazine Center 1107 North 1st Street Yakima, WA 98901 Bill Cook Director, CED DECISIONS ONLY City Clerk DECISIONS ONLY Sandy Cox Codes DECISIONS ONLY Binder DECISIONS ONLY DOC. INDEX Consufa la %Wile afflynavey.am OD -RG, SEPA Reviewer Army Corps r �x c-3755 WA 98124 Cascade Natural Gas 701 S. 1'' Ave Yakima, WA 98902 Chamber of Commerce 10N91hSt. Yakima, WA 98901 Dept. of Transportation Planning Engineer 2809 Rudkin Road Union Gap, WA 98903 Environmental Protection Agency 1200 6'1' Ave. MS 623 WA 98101 FAA 2200 W. Washington Yakima, WA 98903 Yakima Greenway Foundation 111 S. 18th St. Yakima, WA 98901 Yakima School District Superintendent 104 N. 4th Ave Yakima, WA 98902 Yakima Airport Manager 2400 W. Washington Ave Yakima, WA 98903 Aiiianum Irrigation District P.O. Box 563 Yakima, WA 98907 Dept. of Natural Resources 713 Bowers Rd Ellensburg, WA 98926 Dept of Soc/Health Service Capital Programs Ofc. Bldg#2 MS OB -23B Olympia, WA 98504 Dept. of Health Michelle Vazquez 1500 W. 4th Ave. St. 305 Spokane, WA 99204 Tom McAvoy Q -West 8 S. 2"d Ave. Room 304 Yakima, WA 98902 West Valley School District Attn: Peter Ansingh 8902 Zier Road Yakima, WA 98908 Yakima Co Health Dist 1210 Ahtanum Ridge Drive Union Gap, WA 98903 Department of Ecology Environmental Review Section PO Box 47703 Olympia, WA 98504-7703 Chuck Hagerhjelm WA State Emergency Mgmt. Div. Mitigation, Analysis & Planning Mgr Building 20 Camp Murray, WA 98430-5122 Yakama Indian Nation Cultural Resources Program Johnson Meninick, Mgr PO Box 151 Toppenish, WA 98948 YVCOG Transportation Planner 311 N. 4th Street STE Ugig VC+ Yakima, WA 98901 • INDEX Mr. Greg Griffith Div. of Archeol & Hist. Pres. PO Box 48343 Olympia, WA 98504 WA State Attorney Gen. Office 1433 Lakeside Ct. Ste102 Yakima, WA 98902 City of Union Gap PO Box 3008 Union Gap, WA 98903 Gary W. Pruitt Clean Air Authority 329 North 1st Street Yakima, WA 98901 Mr. Lee Faulconer Dept. of Agriculture PO Box 42560 Olympia, WA 98504 Gwen Clear Dept of Ecology 15 W. Yakima Ave. St. 200 Yakima, WA 98902 Nob Hill Water Co 6111 Tieton Drive Yakima, WA 98908 Pacific Power Mike Paulson 500 N. Keys Rd Yakima, WA 98901 Dept. of CTED Growth Management Services PO Box 42525 Olympia, WA 98504-2525 Yakama Indian Nation Environmental Protection Prog. Moses Segouches PO Box 151 Toppenish, WA 98948 Mr. Doug Mayo Wastewater Treatment Plant Yakima County Commissioners Mr. Vern Redifer Yakima County Public Services Mr. Steven Erickson Yakima County Planning Yakima-Klickitat Fisheries Project John Marvin 771 Pence Road Yakima, WA 98909 Federal Aviation Administration Cayla Morgan, Airport Planner Seattle Airports District Office 1601 Lind Ave. S.W. Renton, WA 98055-4056 Ruth Jim Yakama Tribal Council PO Box 151 Toppenish, WA 98948 Dept. of Archaeology & Historic Preservation PO Box 48343 Olympia, WA 98504-8343 Mr. Scott Nicolai Yakama Indian Nation -Fisheries PO Box 151 Toppenish, WA 98948 Soil Conservation Dist Attn: Ray Wondercheck 1606 Perry St Suite F Yakima, WA 98902 Environmental Coordinator Bureau of Indian Affairs PO Box 632 Toppenish, WA 98948 Mr. Marty Miller Office of Farm Worker Housing 1400 Summitview #203 Yakima, WA 98902 Eric Bartrand Dept. of Fisheries 1701 S. 24`x' Ave Yakima, WA 98902 WSDOT Aviation Division John Shambaugh P.O. Box 3367 Arlington, WA 98223 John Baugh Yakima Valley Museum 2105 Tieton Drive Yakima, WA 98902 DOC. INDEX # n --S7 STATE AGENCIES REVIEWING COMP PLANS REVISED February 2008 Jennifer Hayes Dept of Fish & Wildlife POBox43155 Olympia, WA. 98504-3155 Hugo Flores WA State Dept of Natural Resources GMA/SMA Planning & State Harbor Areas P 0 Box 47027 Olympia WA. 98504-7027 Bill Wiebe Department of Transportation P.O. Box 47300 Olympia, WA 98504-7370 Review Team CTED Growth Management Services P.O. Box 42525 Olympia, WA 98504-2525 Kelly Cooper Dept of Health / Drinking Water P O Box 47820 Olympia, WA. 98504-7820 Elizabeth McNagny Department of Social and Health Services P.O. Box 45848 Olympia, WA 98504-5848 Greg Griffith Department of Archaeology & Historic Preservation P.O. Box 48343 Olympia, WA 98504-8343 Eric Heinitz Department of Corrections P.O. Box 41112 Olympia, WA 98504-1112 SEPA/GMA Coordinator Dept. of Ecology P O Box 47600 Olympia, WA. 98504-7600 Lorinda Anderson Recreation and Conservation Office P.O. Box 40917 Olympia, WA 98504-0917 Bill Koss Parks and Recreation Commission P.O. Box 42650 Olympia, WA 98504-2650 DOC. INDEX # o -S CITY OF YAKIMA NOTICE OF PUBLIC HEARING Yakima Urban Area Zoning Ordinance Amendment Regarding Proposed Adult Business Ordinance NOTICE IS HEREBY GIVEN that the Yakima City Council and Yakima County Commissioners will conduct an open record public hearing for consideration of the Regional Planning Commission's recommendation to adopt the proposed Adult Business Ordinance and amend the Yakima Urban Area Zoning Ordinance. Said public hearing will be held on Tuesday, January 20, 2009 at 7:00 p.m., or as soon thereafter as possible, in the Council Chambers at Yakima City Hall, 129 North 2nd Street, Yakima, Washington. All interested parties are invited to attend this hearing. For further information, please contact Joseph Calhoun, Assistant Planner, 575-6162. Any citizen wishing to comment on this issue is welcome to attend the public hearing or contact the City Council in the following manner: 1) Send a letter via regular mail to "Yakima City Council, 129 N. 2"d Street, Yakima, WA 98901", or 2) E-mail your comments to ccouncil@ci.yakima.wa.us. Include in the e-mail subject line, "Adult Business Ordinance." Please also include your name and mailing address. Dated this 10th day of December, 2008 Deborah Moore City Clerk Please publish once on Friday, January 2, 2009 Charge to Account Number 10952 DOC. INDEX # 0 -� BUSINESS -OF THE CITY' 0901011.YAKLMA : WAS HOTQN. AGEND' .ITE :;Tf TLE Set Date . of :January 20, 2f]00:: for. a I E Hring eato amend the Yakima Urban Area Z06104 -..€arc Planning Comrrtissrori's recommendation on the proposed SUB WTTE Y: Willrant .: Dook, Drrector o �Qr tmuni% CONTACT. PERSON EL i Otd `J'osep t Calc oun. As DEPAK aMEA UF COMMUNITY Y AND ECONOMIC DEVELOPMENT Planning Division 129 North Second Street, 2nd Floor Yakima, Washington 98901 (509) 575-6183 • Fax (509) 575-6105 www.ci.yakima.wa.us October 9, 2008 To Whom It May Concern: Re: Proposed Adult Entertainment Ordinance. FUlt 1 Mb; RECORD / FII The Yakima Urban Area Regional Planning Commission (RPC) is meeting to consider their written findings from the hearing of September 18, 2008 and review three proposed changes to the existing draft Adult Entertainment Ordinance. The Adult Entertainment Ordinance currently proposes language to limit where adult uses can locate and to require certain development standards. The proposed changes are as follows: 1. The inclusion of the M-1 zoning district: The RPC motioned to remove the M-1 zone from the ordinance. Further staff review shows that the inclusion of the M-1 zone adds a significant amount of available land, outside of the separation buffers, for prospective businesses of this nature. 2. Barrier buffer removal: Staff is proposing to remove the section to require barrier buffers and instead only require the general sitescreening standards of YMC Ch. 15.07. 3. Adult Entertainment Name: In an effort to minimize confusion, the ordinance is proposed to be re -named to "Adult Business". Adult Business Uses, as defined in the ordinance, will cover the range of allowed adult uses, both commercial and entertainment related. The public meeting for their deliberations will take place in the Yakima City Council Chambers in City Hall, 129 N 2"d Street, on Wednesday October 22, 2008, beginning at 1.00 P.M. For more information, please call Joseph Calhoun, Assistant Planner at (509) 575-6162, or visit our planning website at http://www.ci.yakima.wa.us/services/planning Very Truly Yours, Joseph Calhoun Assistant Planner Yakima DOC. m _ INDEX I I 0 0-5 �� • DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Planning Division 129 North Second Street, 2nd Floor Yakima, Washington 98901 (509) 575-6183 • Fax (509) 575-6105 • www.ci.yakima.wa.us CITY OF YAKIMA PLANNING DIVISION YAKIMA URBAN AREA ZONING ORDINANCE PROPOSE D ADULT ENTERTAINMENT ORDINANCE PUBLIC HEARING NOTICE September 3, 2008 The Yakima Urban Area Regional Planning Commission (RPC) is commencing a public hearing to review a proposed Adult Entertainment Ordinance to be a part of the City of Yakima's Urban Area Zoning Ordinance. The Adult Entertainment Ordinance proposes language to limit where adult uses can locate in proximity to certain protected uses and to require certain development standards, as well as providing a public process for the review such uses. Draft copies of the Adult Entertainment Ordinance will be available for review at City Hall, the Yakima Public Library or the City of Yakima's Web Page one week in advance of the hearing listed below. The proposed public hearing will take place in the Yakima City Council Chambers in City Hall, 129 N 2" d Street, on Thursday September 18, 2008, beginning at 5:00 P.M. Your participation at this public hearing is encouraged. For more information, please call Joseph Calhoun, Assistant Planner at (509) 575-6162, or visit our planning website at http://www.ci.yakima.wa.us/services/planning. DOC. INDEX Yaklmt 1994 15.09.200 Adult Entertainment A. Purpose: All adult entertainment uses shall comply with the requirements of this Section. The purpose and intent of requiring standards for adult entertainment uses is to mi ,F . to the adverse secondary effects caused by such facilities and to maintain compatibility w �'_... r land uses and services. In furtherance of this purpose, this Section is intended to ret >: e the loon of adult entertainment and commercial enterprises in order to promote the *`- :', safety and welfare of all citizens and in order to preserve and protect the quality o'b =;r:� an: • ound all Fes. neighborhoods through effective land use planning and reasonable gul :t = in light of the ;S Vt.r findings set forth herein and the facts and evidence contained in v' e;i ' 've'; cord. The standards established in this Section shall apply to •u"``T tertainment uses. Adult entertainment uses are recognized as having particularly when they are aggregated in one area. adjacent uses, and residential and commercial use is necessary to avoid adverse effects arising fro contribute to the blighting or downgradin this Section to allow these uses to exist in a As The standards established in thi ect following activities or product • seminars or lectures for edu. tional • ;scientific purposes; nudity within a locker room or other similar facility used fog thing in connection with athletic or exercise activities; nudity within 'a hosp'#ic or other similar medical facility for health-related purposes; and obje Since th peTational characteristics, ave a harmful effect upon icular, special regulation of adult uses 4 ainment businesses so they will not ding neighborhood. It is the intent of armer within specific zoning districts. not be construed to restrict or prohibit the musicals, or other dramatic works; classes, all movies andioins Association of are rated G, PG, PG -13, R and NC -17 by the Motion Picture ns Specific to this Section. f this Section, the following words and phrases shall have the following Adult Arcade/Viewing Booth means any booth, cubicle, stall, or compartment that is designed, constructed, or used to hold or seat patrons and is used for presenting adult media for observation by patrons therein. This definition does not apply to a theatre, movie house, playhouse, or a room or enclosure or portion thereof that contains more I 1:54:54 AM 9/2/2008 1 DOC. INDEX 1I than 600 square feet. Those greater than 600 square feet shall be considered an Adult Motion Picture Theater. 2. Adult Cabaret/Dance hall or Dance Studio means a building or portion of a building regularly featuring dancing or other live entertainment if the dancing or en inment provided is distinguished or characterized by an emphasis on the exhibiti sexual activities or specified anatomical areas for observation b (YMC Chapter 5.30). 3. Adult Commercial Establishment means any premises on or --y t media or sexually oriented toys or novelties are the majority of s for sale and/or rent. Majority shall be determined to exist when fort r€ k %) or more of the establishment's gross public floor area is devote • Mrd t " ;,iia or sexually oriented toys or novelties. Commercial establishments w `": and/or rent of adult media or sexually oriented toys or novelties do not account rty percent (40%) or more of the establishment's gross public floor section 15.09.200(C)(2). 4. Adult Entertainment means ; y + ibit> n or dance of any type, pantomime, modeling or any other pe man` :. is ding motion pictures, which involves the exposure to view any sp - ice _ %Y ` � tomical areas or involves any specified sexual activities. 5. Adult Entertainm Bans any uses on premises to which the adult public, adhere to the standards set forth in patrons or m ted or admitted or wherein any employee or other person provides, a Z..; or performs adult entertainment or operates an adult commercial estab a t.' r for a member of the adult public, a patron or a member, and spec' 'F: ally in•,. des the list below. ttmmercial establishments; tit motion picture theatres; Adult arcades / viewing booths; d. Adult cabarets, dance halls and dance studios. Also refer to specific prohibited uses identified in Section 15.09.200(E). 6. Adult Media means magazines, books, videotapes, movies, slides, cd-roms or other devices used to record computer images, or other media that are distinguished or 11:54:54 AM 9/2/2008 2 DOC. INDEX characterized by their emphasis on matter depicting, describing, or relating to specified anatomical areas or specified sexual activities. 7. Adult Motion Picture Theatre means an establishment emphasizing or predominantly showing movies that exhibit specified sexual activities. 8. Body Studio means any other licensed premises, ��••.• than a i��cnsea massage p salon, health spa or public bath house, upon which is furnished, or 'ch j offere be furnished, for a fee or charge or other like consideration, the oppo ty or act of painting, massaging, feeling, handling or touching the unclothed :.` . y unclothed portion of the body of another person, or to observe, v tograph any such activity. 9. Church See definition in YMC § 15.02.020 10. Escort and Introductory Service means servic prohibited specified sexual acti prohibited in this Section. 11. Massage Parlor means a com touching of the human body is virtue of age or sex from provided. 12. Media means anyth picture, film, vide electrical or with the intent to perform vities, spec' ed sex hibitions or other activities communica movie •.a .. - ♦ 14 .J pic 13. a Se` tfinition in YMC § 15.02.020 14. leiVal Zoning District means the Suburban Residential (SR); Single -Family ential (R-1); Two -Family Residential (R-2); and Multi -Family Residential (R-3) zoning districts as defined in YMC Ch. 15.03. 15. " School See definition in YMC §' 15.02.020 =hment in which massage or other fee and which excludes any person by n of the premises in which such service is tten, or any picture, drawing, photograph, motion deotape production, or pictorial representation, or any duction of anything that is or may be used as a means of edia includes, but is not limited to, books, newspapers, magazines, rid ivwtdill S, cd-roms, other magnetic media, and undeveloped 11:54:54 AM 9/2/2008 DOC. INDEX 16. Sexually Oriented Toys or Novelties means instruments, devices, or paraphernalia either designed as representations of human genital organs or female breasts, or designed or marketed primarily for use to simulate human genital organs. 17. Specified Anatomical Areas means (1) Less than completely and opaque . covered: human genitals, pubic region, buttock, and female breast below a poi mm tely above the top of the areola; and (2) human male genitals in a discel"•ly)rgid state, even if completely and opaquely covered. 18. Specified Sexual Activities means human genitals in a state o arousal or acts of human masturbation, sexual intercourse erotic touching of human genitals, pubic region, buttoc 19. Specified Sexual Exhibitions means any exhibi intended to sexually stimulate any member of t regular basis or as a substantial part of the •remises limited to, any such exhibition, perfo engaged in with fewer than all m separate consideration paid, exhibition or dance and dancing, taxi dancing, lap timulation or fondling or other ce or dance which is d which is conducted on a ty. This includes, but is not dance performed for, arranged with or lic on the premises at that time, with or indirectly, for such performance, only referred to as table dancing, couch vate dancing or straddle dancing. C. Permitted Uses. Adul. "' = n .f: E``uses, and adult commercial establishments shall be permitted subject to the follo Ying con�'F ions: 1. Adult entertai .5 =:.us1 be considered, Class (2) uses, requiring Type (2) review, in and only in the C ! ntral Business District), GC (General Commercial) and M-1 (Light Industrial) zoni: >s°:. s� en applicable development standards of this Section are met: 2. Comm ial use pproved for zoning requirements of Chapter 15.04 through 15.08 that sell and re a' 'media or sexually oriented toys or novelties, but for which that portion of the estioci, en gross public floor area devoted to the sale or rent of adult media or sexually `dam toy `= novelties accounts for less than forty percent (40%) of gross public floor area of th =' mmercial use shall: a. Restrict persons under the age of eighteen (18) from purchasing and/or renting the adult items; and, 11:54:54 AM 9/2/2008 4 DOC. INDEX b. Contain those adult items in a separate area appropriately sited and signed to restrict access to people under the age of eighteen (18), or behind a counter. D. Development Standards. The following standards shall apply to proposed adult entertainment uses, and commercial establishments which sell adult media and/ gsexually oriented toys or novelties, permittee under this Section: • ,Y 1. Adult entertainment uses shall adhere to the following standards: A. Separation Standards 1. The building that contains the adult entertainme `:, '"" the signs relating to the use, shall not be located within five hun 00 eet of any of the following preexisting uses or previously established dis a. The outside boundary of any parcel school or day care facility; b. The outside boundary of any parcel that c worship; c. The outside boundary of d. The outside bound. ,,a . r-.arce`` at contains a public library; and, e. A residential zon 2. The building t:� ' ' s an adult entertainment use shall not be located within fifteen hundred <t��,) fes: a similar adult entertainment use as defined in this Section, whether su similse is located within or outside the City limits 3. 1 ti '`ill.e general sitescreening requirements of YMC Ch. 15.07, the following r uirements shall apply to adult entertainment uses where the adult lic park; public school, private s a church or other house of entertiineusibuts or is located across an alley from another building or licensed busin 11:54:54 AM 9/2/2008 'Barrier buffers shall be installed the full length of property lines where adjacent licensed businesses are already established; and, The buffer shall create . a sight -obscuring barrier between the adult entertainment use consisting of a minimum 10 -foot -wide planting strip, a view -obscuring fence, and six -foot -tall evergreens located on the property boundary, spaced so that they will grow together within three years. 5 DOC. INDEX # n-� 4. The separation requirements stated in C(1)(a) and (b), above, shall be measured by extending a straight line from the nearest point on the property line of the lot containing the proposed adult entertainment use to the nearest point on the property line of the lot containing the other adult entertainment use, school, daycajchurch, public park, or public library. B. Licensing. In addition to Type (2) review, all adult entertainment uses, exception of adult commercial establishments, shall be subject to the licensing require ts of YMC Chapter 5.30. C. Hours of operation. Any adult entertainment use, as defi conduct or operate any business or commercial function on o the hours of two a.m. and eight -thirty a.m. of the same day D. Signage. Signage of adult entertainment uses, as de the provisions of YMC Ch. 15.05, Signs, together with the fo ;Section, shall not remises between Section, shall comply with ng specific conditions: a. Each adult entertainment e shy ..; be allowed one (1) on -premise sign which shall be limited to displayin t he ..; a .`v e establishment, the street address, the days and hours of operation, :° 'strip ions o`` the age of persons that may be admitted to the building and the non- E-; .fics„ 'F` cation of the NATURE of the stock -in -trade or entertainment offered dult Toys", "Adult Books"). Nowhere on the x� a. signage or on the .:,r_ v' ' '' to outside passersby shall appear any verbiage, insignias, pictures, r other descriptions suggestive of sexual acts or actions, or which rep t` ally oriented material and/or performances of the adult entertainm e rdance with § 5.30.040(5), a readable sign shall be conspicuously each public entrance which clearly states, and is printed in letters at tall: "THIS ADULT ENTERTAINMENT ESTABLISHMENT IS TED BY THE CITY OF YAKIMA". This sign shall not, for purposes of istration of this Section, limit the allowed use from having one (1) on -premise N sign as indicated in § 15.09.200(D)(1)(d). E. `Parking. The parking standards in YMC Ch. 15.06 shall apply to all off-street parking for uses under this Section. 11:54:54 AM 9/2/2008 6 DOC. INDEX I1 F. Design Standards. Adult Entertainment Uses shall conform to the following design standards: a. Buildings, fences, or other structures which are visible from any public right-of-way shall be of a neutral coloring and design scheme, similar to sounding commercial facilities. b. All windows, entries, and other openings shall be scree :-' an•H .r covered in such a way that no business activity associated with adult entertain "=~. uses, other than approved outside signage, shall otherwise be visible from .might -of -way or other public space. E. Prohibited Uses. Adult uses not included in the definiti. ':Qf ` ' tertainment uses" pursuant to YMC 15.09.200(B)(5), are prohibited. Prohi limited to, massage parlors, escort and introductory serve activities and exhibitions not specifically allowed under the uses". F. Nonconforming Uses. Any Adult Entertainment Use, Specifie effective date of this Section, shall be development standards set forth in 'es include, but are not dios and specified sexual Mon of "adult entertainment Activity/Exhibition legally in operation on the ntinue, provided that all adult entertainment with the exception of the separation standards from 15.09.200(D), are com 3i .ith yiiiy Adult Entertainment use pre-existing upon the effective date of this sect ren meet g all development standards, except said separation ,ms's.. standards, shall not be/co rt efed, onconforming and shall be allowed to remain as a legally 4r established business. ro ided, that any application for expansion, addition or relocation, after scion, shall be subject to the review requirements of this section. A protected use s cified i YMC 15.09.200(D) shall not benefit from the separation requirements of this tio' if t 'e/iiotected use chooses to locate within five hundred (500) feet of a lawfully locat the effective d d adult entertainment use after the effective date of this ordinance. An adult facility is lawfully located if it has located within the City in accordance with the re • .E -ments of this Section. 11:54:54 AM 9/2/2008 7 DOC. INDEX 13 r, II „ 9J— lbarra, Rosalinda c Tak From: Calhoun, Joseph Sent: Thursday, August 28, 2008 2:35 PM To: lbarra, Rosalinda Subject: adult ordinance and addresses Attachments: FINAL DRAFT -Adult Entertainment -final w City & County edits.doc Grapevine 801 Summitview Ave Yakima WA, 98902 Saint John of Kronstadt Orthodox Christian School 706 Stewart St Yakima WA, 98902 Eves Garden 605 W Lincoln Yakima WA, 98902 - Yakima Arcade Inc. 21SFront St Yakima WA, 98901 Akima Magazine Center.(mailing) 1157 Sweetwater Road Spring Valley CA, 91977 Yakima Magazine Center (physical location, mail here too) 1107N 1st St Yakima WA, 98901 (verify zip...I'm pretty sure it is 01 though) JOSEPH CALHOUN ASSISTANT PLANNER CITY OF YAK/MA (509) 575-6162 JCALHOUN6'C/. YAK/MA. WA. US 8/28/2008 DOC. INDEX Page 1 of 1 OD -RG, SEPA Reviewer Army Corps PO Box c-3755 Seattle, WA 98124 Sheila Ross Cascade Natural Gas 701 S. 151 Ave Yakima, WA 98902 Chamber of Commerce 10 N 9th St. Yakima, WA 98901 Dept. of Transportation Planning Engineer 2809 Rudkin Road Union Gap, WA 98903 Environmental Protection Agency 1200 6th Ave. MS 623 Seattle, WA 98101 FAA 2200 W. Washington Yakima, WA 98903 Yakima Greenway Foundation 111 S. 18`h St. Yakima, WA 98901 Yakima School District Attn: Ben Soria 104 N. 4th Ave Yakima, WA 98902 Mr. Buck Taylor Yakima Airport 2400 W. Washington Ave Yakima, WA 98903 Ahtanum Irrigation District P.O. Box 563 Yakima, WA 98907 Dept. of Natural Resources 713 Bowers Rd Ellensburg, WA 98926 Dept of Soc/Health Service Capital Programs Ofc. Bldg#2 MS OB -23B Olympia, WA 98504 Dept. of Health Michelle Vazquez 1500 W. 4th Ave. St. 305 Spokane, WA 99204 Tom McAvoy Q -West 8 S. 2nd Ave. Room 304 Yakima, WA 98902 WV School District Attn: Peter Ansingh 8902 Zier Road Yakima, WA 98908 Yakima Co Health Dist Art McKuen 1210 Ahtanum Ridge Drive Union Gap, WA 98903 Department of Ecology Environ Review Section PO Box 47703 Olympia, WA 98504-7703 Chuck Hagerhjelm WA State Emergency Mgmt. Div. Mitigation, Analysis & Planning Mgr Building 20 Camp Murray, WA 98430-5122 Cultural Resources Program Johnson Meninick, Mgr Yakama Indian Nation PO Box 151 Toppenish, WA 98948 Transportation Planner YVCOG 311 N. 4th Street STE 202 Yakima, WA 98901 DOC. INDEX v—�� Mr. Greg Griffith Div. of Archeol & Hist. Pres. PO Box 48343 Olympia, WA 98504 WA State Attorney Gen. Office 1433 Lakeside Ct. Ste102 Yakima WA 98902 City of Union Gap PO Box 3008 Union Gap, WA 98903 Gary W. Pruitt Clean Air Authority 6 S. 2"d St., Room 1016 Yakima, WA 98901 Mr. Lee Faulconer Dept. of Agriculture PO Box 42560 Olympia, WA 98504 Gwen Clear Dept of Ecology 15 W. Yakima Ave. St. 200 Yakima, WA 98902 Nob Hill Water Co 6111 Tieton Drive Yakima, WA 98908 Pacific Power Mike Paulson 500 N. Keys Rd Yakima, WA 98901 Dept. of CTED Growth Management Services PO Box 42525 Olympia, WA 98504-2525 Mose Segouches Yakama Indian Nation Environmental Protection Prog. PO Box 151 Toppenish, WA 98948 Mr Doug Mayo 'water Treatment Plant Yakima County Commissioners Mr. Vern Redifer Yakima County Public Services Mr. Bill Bailey Yakima Cnty Dev. Serv. Ctr. Mr. Steven Erickson Yakima County Planning Federal Aviation Administration Cayla Morgan, Airport Planner Seattle Airports District Office 1601 Lind Ave. S.W. Renton, WA 98055-4056 Ruth Jim Yakama Tribal Council PO Box 151 Toppenish, WA 98948 Dept. of Archaeology & Historic Preservation PO Box 48343 Olympia, WA 98504-8343 Mr. Scott Nicolai Yakama Indian Nation -Fisheries PO Box 151 Toppenish, WA 98948 Soil Conservation Dist Attn: Ray Wondercheck 1606 Perry St Suite F Yakima, WA 98902 Environmental Coordinator Bureau of Indian Affairs PO Box 632 Toppenish, WA 98948 Mr. Marty Miller Office of Farm Worker Housing 1400 Summitview #203 Yakima, WA 98902 Eric Bartrand Dept. of Fisheries 1701 S. 24th Ave Yakima, WA 98902 WSDOT Aviation Division John Shambaugh P.O. Box 3367 Arlington, WA 98223 John Baugh Yakima Valley Museum 2105 Tieton Drive Yakima, WA 98902 DOC. INDEX STATE AGENCIES REVIEWING COMP PLANS REVISED February 2008 Jennifer Hayes Dept of Fish & Wildlife P O Box 43155 Olympia, WA. 98504-3155 Hugo Flores WA State Dept of Natural Resources GMA/SMA Planning & State Harbor Areas P O Box 47027 Olympia WA. 98504-7027 Bill Wiebe Department of Transportation P.O. Box 47300 Olympia, WA 98504-7370 Review Team CTED Growth Management Services P.O. Box 42525 Olympia, WA 98504-2525 Kelly Cooper Dept of Health / Drinking Water P O Box 47820 Olympia, WA. 98504-7820 Elizabeth McNagny Department of Social and Health Services P.O. Box 45848 Olympia, WA 98504-5848 Greg Griffith Department of Archaeology & Historic Preservation P.O. Box 48343 Olympia, WA 98504-8343 Eric Heinitz Department of Corrections P.O. Box 41112 Olympia, WA 98504-1112 SEPA/GMA Coordinator Dept. of Ecology P O Box 47600 Olympia, WA. 98504-7600 Lorinda Anderson Recreation and Conservation Office P.O. Box 40917 Olympia, WA 98504-0917 Bill Koss Parks and Recreation Commission P.O. Box 42650 Olympia, WA 98504-2650 DOC. INDEX viGi na Sanchez IN-HOUSE DISTRIBUTION LIST City Legal Mike Antijunti Carolyn Belles Engineering Codes Mike Shane Water/Irrigation Ron Melcher Fire Dept. Bill Cook Director, CED DECISIONS ONLY City Clerk DECISIONS ONLY Sandy Cox Codes DECISIONS ONLY Joan DavenportBinder Office of Neighborhood and Traffic Engineering DECISIONS ONLY Development Services Jerry Robertson r 's For the RECORD / FILE DOC. INDEX Ibarra, Rosalinda From: Legals [legals@yakimaherald.com] Sent: Thursday, August 28, 2008 4:04 PM To: Ibarra, Rosalinda Subject: Re: 9-03-08 Legal Notice: 2008 RPC ADULT- Notice of PublicHearing. Publish on 9-3-08. Account 11002 I've scheduled the attached !Ppfal notice fnr A/3, for a cost of $70.98. On 8/28/08 3:23 PM, "Ibarra, Rosalinda" <ribarra@ci.yakima.wa.us> wrote: Please publish only once on Wednesday September 3, 2008. Send affidavit of publication and invoice to: Account 11002 City of Yakima, Planning Division 129 North 2nd Street, Yakima, WA 98901 Rosalinda Ibarra Planning Specialist City of Yakima Planning Division p: (509) 575-6183 ribarra@ci.yakima.wa.us Simon Sizer Legal/Obituary Clerk Yakima Herald -Republic Phone: 509-577-7740 Fax: 509-577-7766 Iegals@yakimaherald.com 9/3/2008 PLANNING:DIVI_SJON -....JS_e� ppeer.�3,'i. 8.- 'VAtialf A URBAN AREA . ZtitNG.QRDittltNCE .RR©POSED ADULT • ;ENtetetAwitmENT Y:=,: ORDINANE ; `: C •UBLIC FHEARING . NOTICE :..y.:, .. The-7,Yakima Urban,Area Regiopal ?canning: Com= misgOktiRPC) <Is-..:'com- iae[iciifg.;a' public,bearing Adult to [evtew�a:pfopos?d:,;. Eriteiiainment OFdinance itto`berre:Part :bf the:^city •of Yakimas4irbartIviryZon- iiieominanee. tbe:Adult Entertalfinre[t6 ;' nance [antiage ';lit where adull:fuses�, cart lo- cate in libMi ity to;certain uses;;and;to're- -protested;_ ,,- quire certain development standards;_: as—well ess rot tiding a_pu :Rroc the review such :uses•.:. _ Dratt.copies; of;the,:Adult Entertainme"nt,=,Ordinance will:be'ava'labie jor resew •at;_Citjr..°.Half Lae:,, Yakima Publi Library> ot: the :City' of l 2IQm8 s . r�e...'a:RoOe- ons::week. Til _ad ante of; i the;iiearin9 Ii t> ---90 • The:,;' pr.P. heartng,;wllitake place In tfie Yaklma CItY-,Counelr Cham.,..„ti.,:City,,_gHall, 129-,N,, PC,S#00; Thideday:.September,:18,. Oak ,beginning.. at ;5:00 P.M. : r et:�this Ydtir mon:. .. . publc:.heanng.r.;is.• encour- agqed.:Foxmo a infomna- tioi+, ;please: scall,. Joseph Calhoun: Assistant,,,Plan- ner at (509) 575.--618?, or visit our planning website at ' hxn•I(S—'wcivald�aWa,u olannrna. • (09547869) 'September 3, .2008 DOC. INDEX Ibarra, Rosalinda From: Sent: Ibarra, Rosalinda Wednesday, September 03, 2008 8:11 AM To: Barbara Serrano - YHR; Brackney, Rosanne; Brown, Michael; Bruce Smith - Yak. Business Times; Chris Bristol - YHR; Christine Ermey; Claudia Moreno - Noticias Locales; Criag Troianello - Yakima Herald Rep.; Erin Snelgrove - Yak. Herald Rep; Gabriel Martinez - KDNA; George Finch - Business Journal; lbarra, Rosalinda; Jenny Escobar; KDNA; KNDO News; Lance Tormey; Lindsay France; Lou Bartelli; Lozano, Bonnie; Mai Hoang; Mark Morey; Marta Isabel Sanchez - Univision; Mike Balmelli - KAPP; Mike Bastinelli; NWCN; Randy Beehler - YPAC; Scott Mayes; Stacie Vasko; Valerie Hurst; Yakima Business Journal; Yakima Herald Republic Newspaper; Beehler, Randy; Benson, Bruce; Bill & Linda Beeman; Bill Cook; Bill Rathbone; Chris Bristol; Chris Linschooten; Chris Wilson; CWHBA Joe Walsh (E-mail); Davenport, Joan; Davido, Sean; Doug Carey; Farmworker Housing Marty Miller (E- mail); Gary Forrest; Jamie Carmody; Jefferson Spencer (Jefferson.Spencer@co.yakima.wa.us); Ken Crockett (E-mail); Ken Harper; Michael Morales; Mike & Cindy Noble; Mike Shinn; Moore, Debbie; Paul Nagle -McNaughton; Peters, Jeff; Phil Hoge (E-mail); Ralph Call; Reid H. Shockey (E-mail); Sandy Lloyd; Steve Erickson; Steve S; Terrence Danysh; Thomas Carroll; Vaughn McBride; Vic & Wilma Koski; Walt Ranta; Willson, Shelley Subject: 9-03-08 Press Release: 2008 RPC Adult Business Ordinance Public Hearing Attachments: 2008 RPC ADULT- Notice of Public Hearing_press release.doc Roseanne, please post to: http_//wtiyw_ci.y_akiui_wa.us/sereices/planninl;/.rpcintg,asp Thank you, Rosalinda Ibarra Planning Specialist City of Yakima Planning Division p: (509) 575-6183 ribarra@ci.yakima.wa.us 9/3/2008 DOC. INDEX # p_qc, PRESS RELEASE CITY OF YAKIMA PLANNING DIVISION September 3, 2008 YAKIMA URBAN AREA ZONING ORDINANCE PROPOSED ADULT ENTERTAINMENT ORDINANCE DTVT1T1lHEARINGNOTICE The Yakima Urban Area Regional Planning Commission (RPC) is commencing a public hearing to review a proposed Adult Entertainment Ordinance to be a part of the City of Yakima's Urban Area Zoning Ordinance. The Adult Entertainment Ordinance proposes language to limit where adult uses can locate in proximity to certain protected uses and to require certain development standards, as well as providing a public process for the review such uses. Draft copies of the Adult Entertainment Ordinance will be available for review at City Hall, the Yakima Public Library or the City of Yakima's Web Page one week in advance of the hearing listed below. The proposed public hearing will take place in the Yakima City Council Chambers in City Hall, 129 N 2"d Street, on Thursday September 18, 2008, beginning at 5:00 P.M. Your participation at this public hearing is encouraged. For more information, please call Joseph Calhoun, Assistant Planner at (509) 575-6162, or visit our planning website at http://www.ci.vakima.wa.us/services/plannin;. DOC. INDEX Ibarra, Rosalinda From: Ibarra, Rosalinda Sent: Tuesday, September 02, 2008 10:45 AM To: Crockett, Ken Subject: Public Announcement -Adult Entertainment Ordinance Regional Planning Commission Public Hearing! Attachments: 2008 RPC ADULT- Notice of Public Hearing_press release.doc Please use the attached press release to run an announcement on YPAC for the upcoming RPC public hearing to be held September 18, 2008. Thank you! Rosalinda Ibarra Planning Specialist City of Yakima Planning Division p: (509) 575-6183 ribsrraC4ci.yal ima_wa,us 9/5/2008 DOC. INDEX DEPARTMENT OF CO[M(NJTYAND ECONOMIC DEVELOPMENT Planning Division 129 North Second Street, 2nd Floor Yakima, Washington 98901 (509) 575-6183 o Fax (509) 575-6105 0 www.ci.yakima.wa.us T.....,. 11 7/ 1I0 JU11G I J, GVVO To Whom It May Concern: Re: Notice of Cancellation of RPC meeting to discuss the proposed Adult Entertainment Ordinance This notice is to inform you that the Regional Planning Commission (RPC), will not be discussing the proposed draft Adult Entertainment Ordinance on June 19, 2008 as originally scheduled. A public meeting with the RPC will be re -scheduled, pending further review from City staff and Council, and you will receive notification of that date at the appropriate time. We apologize for any inconvenience. Very Truly Yours, Joseph Calhoun Assistant Planner Enclosure: DOC. INDEX Yakima June 5, 2008 DEPA TMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Planning Division 129 North Second Street, 2nd Floor Yakima, Washington 98901 (509) 575-6183 • Fax (509) 575-6105 • www.ci.yakima.wa.us To Whom It May Concern: 4. Re: Proposed addition to the Urban Area Zoning Ordinance to incorporate standards for adult oriented retail and entertainment establishments. The proposed City of Yakima Urban Area Zoning Ordinance (UAZO) update contains language to add standards for development and location of adult oriented retail and entertainment establishments. In the event that these proposed standards are ultimately approved and included in the UAZO, they may affect the location and operation of your current business. This issue will be brought forth in a public meeting with the Regional Planning Commission (RPC) at 3:00 fpm on June 19, 2008 in the Council Chambers, City Hall, 129 N 2nd Street, Yakima, WA 98901. You are welcome to attend and will have the opportunity to submit comments during the meeting. Your views on this matter are welcome. Some of the language in the proposed Adult Entertainment ordinance are: the type of permitted businesses and the appropriate zoning districts where businesses may locate, the type of application review utilized by the City Planning Department, required site development standards and permitted hours of operation. In addition, the proposed language would require any business which is either currently nonconforming or made nonconforming to relocate. Enclosed is a draft version of the proposed ordinance, along with a draft map showing appropriate zoning districts, for your review. Please contact the City of Yakima Planning Department, 509-575-6183, for further information. Very Truly Yours; Joseph Calhoun Assistant Planner Enclosure: DOC. INDEX # -2 Yakima AWarlealv DRAFT CITY OF YAKIMA 2008 STATE LEGISLATIVE SESSION PRIORITIES CRIMINAL JUSTICE 1. Omnibus Gang Legislation - The City of Yakima will support state legislation proposed by the Gang Task Force designed to create law enforcement tools and community programs for the prevention, intervention, and suppression of criminal gang activity. The Gang Task Force plans to propose a comprehensive package of legislation that will define and recognize criminal gang activity, create a statewide gang database, establish procedures for obtaining Gang Injunctions, and fund innovative prevention and intervention programs. a. Support reintroduction of HB 2222, which would increase penalties specifically for auto theft and eluding. b. Support Omnibus Gang Legislation proposed by the Gang Task Force. c. Support Gang Injunction legislation — legislation authorizing cities to bring civil action against named gang members in Superior Court that would seek to prohibit gang members from performing described acts within .enumerated areas. California has passed similar legislation which has proven effective. d. Support legislation to allow for seizure of private property used to support gang related activities (similar to drug seizure laws). - e. Support legislation to create pilot programs for high impact regions of the state for prevention, intervention and suppression of gang activity. 2. Criminal Justice Funding — The City of Yakima requests the Legislature to allocate funds to cities and towns for unfunded criminal justice mandates, and allocate funds to cities, towns, and counties when they increase criminal penalties that require additional jail time, or enact new laws that require additional police, court or jail services. a. Support legislation to support and fund local graffiti abatement efforts. b. Modify "high crime community" funding formulae to eliminate the "success penalty" for communities that experience reductions in crime from one year to the next. c. Increase local government share of revenues from fines and forfeitures levied by municipal courts by 25%, reallocated from the Public Safety Education Fund. d. Support legislation to increase state funding for criminal indigent defense. e. Request State reimbursement of offender medical costs through the creation of a state funded risk pool. f. The City supports amending state law related to the use of funds from assets forfeited due to drug seizure to more closely mirror federal law. g. Support amendment of Streamlined Sales Tax legislation to allocate a portion of state revenue gains to replace MVET funds for local government public safety and criminal justice needs. Revised 11/27/2007 DOC. INDEX 1 3. Sentencing Reform The City of Yakima seeks sentencing reforms that will keep our citizens safer from repeat offenders and dangerous criminals. 4. Municipal Courts - The City opposes any legislation that adversely affects or threatens the existence and local operation of municipal courts. 5. Caseload Ratios - The City supports local level, self-determination regarding caseload ratios for prosecution and indigent defense of misdemeanor offences. CAPITAL BUDGET REQUEST — DOWNTOWN FUTURES INITIATIVE Phase 3 of Downtown Futures Initiative — Core Area Connectors $5.5 million The City of Yakima is thankful for the $7.37 million provided to Phases 1 and 2 of the Downtown Futures Initiative during the past two legislative sessions. This ambitious public-private partnership has sparked significant capital investment in Yakima's Central Business District and adjacent neighborhoods over the past year, and several new projects are in the works. Phase 1 of the DFI was completed in 2006, and Phase 2 was completed in fall of 2007. Support from the State Capital Budget is needed to continue improving the public infrastructure for businesses, customers, and visitors. The City supports the private sector investments being made in historic restoration and redevelopment efforts taking place throughout the Central Business District, and seeks approximately $5,500,000 to help fund a continuation of the Yakima Downtown Futures Initiative Project providing infrastructure improvements that meet the standards of this area's historic fabric, including: lighting; sidewalks and . paving; electrical upgrades; water and sewer improvements; and other beautification efforts. ECONOMIC DEVELOPMENT INVESTMENTS The City of Yakima supports the expansion and creation of state development tools that irnprnve our tourism and recreation development opportunities, and sustain the economic competitiveness of our city. Specifically: Local Infrastructure Financing Tool (LIFT) — The City of Yakima supports the full implementation of this form of tax increment financing to assist with necessary public infrastructure and environmental issues for new development sites that are important to the future economic growth of our community. TRANSPORTATION AND INFRASTRUCTURE The City is committed to maintaining and improving the existing transportation system, investing in a broad range of transportation modes and programs to increase mobility for people and freight. We continue to advocate for critical additional transportation funding. Specifically, we support: Revised 11/27/2007 DOC. INDEX rr 2 1. Providing municipalities with increased funding to meet local transportation needs, including street maintenance and rehabilitation. 2. Support legislation providing for earlier consideration and action by the legislature of the Public Works Trust Fund Board funding recommendations. 3. Support funding of Bridge Replacement Program. The State's Bridge Replacement Program has not had a call for projects since 2004. Bridge infrastructure, like Yakima's Nob Hill Bridge has continued to deteriorate. FISCAL AND PERSONNEL ISSUES Protect Local Revenues and Increase Local Revenue Options Yakima supports efforts to maintain local taxing authorities and local revenue options to provide greater flexibility for municipalities in order to fulfill federal and state mandated responsibilities and meet the needs of our communities while opposing additional unfunded mandates. The City supports efforts to: ® Maintain current local taxing authority, including protecting city cable and utility tax authority. PERSONNEL & LABOR RELATIONS RANDOM DRUG TESTING - The City supports legislation to require periodic random drug testing of emergency responders; police and fire professionals. LEOFF 1 Pension/Medical Costs: Yakima continues to support portions of excess funding in the LEOFF 1 pension system to be used to assist local governments with extraordinary medical costs (including nursing home care) incurred by LEOFF 1 retirees. TELECOM UNICATIONS AND CA LE Participation of local governments in state actions that impact regulation of telecommunications is critical. We oppose any state preemption of authorities historically and traditionally vested in local governments including the management of local public rights-of-way, taxing authorities, consumer protection standards, and the ability to provide telecommunication services. ANNEXATION 1. The City supports legislation that will streamline the annexation process for property within Urban Growth Boundaries, and opposes legislation that would define special purpose districts as primary providers of urban services. 2. The City supports legislation that will amend the GMA to allow for determination of urban growth boundaries to be a joint City/County decision. 3. Urge legislation to clarify GMA that requirements of private development for public infrastructure, interior and project frontage, within unincorporated areas of the UGA to be consistent with the sponsor City. 4. Revise sufficiency of petition threshold for charter cities from 75% to 60% as is the case with code cities. Revised 11/27/2007 DOC. INDEX #D-{ 3 LOCAL ZONING REGULATIONS 1. The City urges the legislature to provide the right to exercise its planning and zoning powers with respect to social card game activities licensed by the commission, including the power to adopt moratoria, and restrict expansion of gambling through municipal zoning authority. 2. Any proposal advanced to further expand gambling, including electronic gaming proposals, should provide local governments with site-based tax revenues to assist with potential public safety costs. 3. The City . supports legislation to allow cities to regulate proximity restrictions on adult oriented businesses from schools, publicparks, churches, and day -cares. WATER RIGHTS AND WATER BASIN PLANNING Yakima supports legislative efforts to address policy reform regarding water rights for all holders, including water right disputes, enhancement and expansion of the state's trust water rights account, progress on water for in stream flows and support for shared strategies on watershed planning. PREEMPTION OF LOCAL AUTHORITY — The City will strongly oppose any legislation that preempts local authority over policy or operational prerogatives that have historically and traditionally been vested with local government. Revised 11/27/2007 DOC. INDEX u n 4 ADULT 101 USINESS ORDINANCE EXHIBIT LIST CHAPTE E Public Comments EXHI IT OCUMENT :; JUTE E-1 Letter submitted by Elizabeth Fitzgerald, St. John of Kronstadt School 10/22/08 lcUK [ HE RECORD / FIEE St. J... tt ..,tat 0,74.4 C'bw,iw Sit )06 Stwmx Sheet Y444.41044 WO2 (SO) 42-0171 John Hodkinson — Chairman, Bernie Kline — Vice Chairman, Ted Marquis Jr., Charlotte Baldwin, Rockey Marshall, Jerry Craig and John Gehlsen Yakima Urban Area Regional Planning Commission Members 129 North Second Street Yakima, WA 98901 October 22, 2008 Dear Sirs and Madam, Thank you for the work you have put into drafting an Adult Entertainment Ordinance. On behalf of St. John's School I want to express our appreciation for the timely and effective manner in which you have addressed our concerns. I have attached the Educational Service District (ESD) 105 list of State Approved Private Schools in Yakima County. Please add the locations of each of these schools to the appropriate zoning database so you will know if an Adult Entertainment business is requesting a location that would be too close, according to the ordinance, to one of these smaller schools. Many thanks. Sincerely, th Fitzgerald Board President and inistrator DOC. INDEX # E --I Or.ayi,09 r't - • - • 4" Educational Service District Selah Royal \rJ b Lk. i c.) n (..-; p GoIdendae ( Thorp t Wa pal o West \,`Hey 0 0 Tc) p pe riis! Nachos Valley •- 3 k t 1. LI:I [-I Ce Hum- ROSIN ; East Valley ZWah Darnmati Ellensburg Grandview Kittitas t Easton Sunny&de Mabton Yakima Mt. Adams • 33 S. 2nd Ave. • Yakima, Washington 98902 (509) 575-2885 • www.esd105.wednetedu FUK 1HE RECORD / FILE YAIJ.IMA COUNTY PRIVATE SCHOOLS CALVARY LUTHERAN SCHOOL (Enrollment -65 Preschool) (T-2) 837-6771 PO Box 507/804 South 11th, Sunnyside 98944 FAX 837-6771 E-mail Address .................... calvary_lc@embarqmail.com ............................. Director Kelly Harrington Para-pro/Church-School Coordinator Jenifer Ward Teacher Jill Bos CHRISTA McAULIFFE ACADEMY (Enrollment -400 Gr. K-12) (T-26) 575-4989 402 East Yakima Avenue, Suite 1100, Yakima 98901 Toll -Free: 1-866-575-4989 FAX 575-4976 Website: www.cmacademy.org Business Hours 8:00 am -5:00 pm E-mail Address Format- (see parentheses)@cmacademy.org Founder/CEO/CAO (glen) Glen Blomgren Vice -President (julia) Julia Blomgren Principal/Chief Assessment Officer (chuck) Chuck Parrish Chief Financial Officer (dave) Dave Lenihan Director of Administrative Services (sharon) Sharon Parrish Registrar (gloria) Gloria Waltman Director of Technology (jared) Jared Jakeman Marketing Director (shannon) Shannon Connors CHRISTIAN WORSHIP CENTER ACADEMY (Enrollment -70 Gr.P-10) (T-6) PO Box 747/204 Cheyne Road, Zillah 98953-9533 829-6965/854-6209 FAX 829-6936 Principal (janet_wallace@cwczillah.org) Judy Wangemann Secretary/Bookkeeper Barb ,Trego DIOCESE OF YAKIMA / MINISTRY & EDUCATION CENTER 965-7110 5301-B Tieton Drive, Yakima 98908-3493 FAX 966-0596 Website: www.yakimadiocese.org Business Hours 8:30 am -4:30 pm Director of Schools (rglennen@yakimadiocese.org) Dr. Robert E. Glennen Director's Secretary (egonzalez@yakimadiocese.org) Elvia Gonzalez GRACE LUTHERAN SCHOOL (Enrollment -64 Gr. P-8) (T-5) 457-6611 1207 South 7th Avenue, Yakima 98902-5567 FAX 457-6611 Website: www.gracelutheranyakima.org Administrator/Teacher (willstuebs@hotmail.com) William Stuebs GRANDVIEW ADVENTIST JUNIOR ACADEMY (Enrollment -35 Gr. P-8) (T-1) 882-3817 106 North Elm Street, Grandview 98930-1009 FAX 882-3817 Principal (sanGAJAson@pc.com) Sandra Olson GREEN PASTURES LEARNING CENTER (Enrollment -2 Gr. K-12) (T-2) 966-1234 71 Green Meadows Drive, Yakima 98908-9602. FAX 966-1234 Director (whitmore@cabinriver.com) Bruce Whitmore Teacher Rebecca Whitmore HARRAH COMMUNITY CHRISTIAN (Enrollment -38 Gr. P-8) (T-4) (P-5) 848-2418 PO Box 68/121 West Pioneer Street, Harrah 98933-0068 FAX 848-2662 Administrator/Principal (mwegmuller@aol.com) Marie Wegmuller 33 DOC. INDEX r o gvatt.: 3011001S ` :OU Ill1 1.1eU) LA SALLE ::!:, G . SC' OOL (Enrollment -196 Gr. 9-12) (T-19) 225-2900 3000 Lightning Way, Union Gap 98903-2212 FAX 225-2950 Website: www.Iasalleyakima.com Business Hours 7:30 am -3:30 pm Principal (jjoost@lasalleyakima.org) Br. James Joost FSC, 225-2998 President Tim McGree, 225-2990 Dean of Studies Br. Daniel Mogan, 225-2932 Dean of Students Matt Schulte, 225-2909 Director of Admissions (rcuevas@lasalleyakima.org) Rosa Cuevas Secretary (mpaniagua@lasalleyakima.org) Lupe Paniagua NILE CHRISTIAN SCHOOL/HOPE ACADEMY (Enrollment -25 Gr. K-12) (T-5) 658-2990 370 Flying H Loop, Naches 98937-9440 FAX 658-2009 Website: www.flyingh.org Principal (youth@flyingh.org) Bruce Gillespie OAKRIDGE RANCH — A Montessori Farm School (Enrollment -55 Gr. 1-8) (T-4) 966-1080 11002 Orchard Avenue, Yakima 98908 FAX 966-3618 Mailing Address: 6403 Summitview Avenue, Yakima 98908 Director Judy Lefors RIVERSIDE CHRISTIAN SCHOOL (Enrollment -492 Gr. K-12) (T-36) 965-2602 721 Keys Road, Yakima 98901-9560. FAX 966-7031 Website: www.riversidechristianschool.com Business Hours 7:45 am -4:15 pm School Administrator/Secondary Principal (res@riversidechristian.net) Rick Van Beek Elementary Principal Randy Reynolds Vice Principal, Elementary/Curriculum/Staff Development Wendy Schmidt Vice Principal, Secondary/Athletic Director/Transportation Coordinator Scott Wells Secretary (smaquillan@riversidechristian.net) Sandy Maquillan Financial Secretary Debbie Eells Technology. Director John Meinzinger ST. JOHN OF KRONSTADT ORTHODOX CHRISTIAN (Enrollment -10 Gr. K-12) (T-1) 706 Steward Street, Yakima 98902 452-0177 Mailing Address: 704 South Ninth Avenue, Yakima 98902-4422 FAX 575-0771 Business Hours 8:00 am -3:30 pm Administrator (sjkschool@gmail.com) Elizabeth Fitzgerald ST. JOSEPH ELEM./MARQUETTE MID. (Enrollment -330 Gr. P-8) (T-25) 575-5557 202 North 4th StrYakima ima 98901-2426 FAX ANT 57 5621 r rum -rte -,vc t Web Site: www.sjtruns.org Business Hours 8:00 am -4:00 pm Administrator/Principal (sjmms-gpleger@charter.net) Gregg Pleger Secretary (vbalmer@sjmms.org) Vicki Balmer Technology Director (sjmms-mcongleton@charter.net) Mark Congleton Food Service (sgillette@sjmms.org) Sharon Gillette ir ST. PAUL CATHEDRAL SCHOOL (Enrollment -250 Gr. P-8) (T-23) (P -i0) 575-5604 1214 West Chestnut, Yakima 98902-3170 FAX 577-8817 Web Site: www.stpaulcathedralschool.org Business Hours 7:30 am -3:30 pm E-mail Address Format: (see parentheses)@stpaulsch.org Principal (aberg) Anne Berg Secretary (ebalch) Erin Balch Bookkeeper (spage) Sandra Page 34 DOC. INDEX # r _i Yakima County Private Schools (continued) SUNNYSIDE CHRISTIAN ELEMENTARY (Enrollment -218 Gr. P-8) (T-17) 837-3044 811 North Avenue, Sunnyside 98944-1194 FAX 837-4086 Website: www.sunnysidechristianschool.org Business Hours 8:00 am -4:00 pm Administrator (scoffice@embarqmail.com) Delwyn Dykstra Administrative Secretary (scofficel@embargmail.com) Ellen Dekker Business Manager/Personnel Karen Schilperoort Technology Director Wayne Sylling Transportation Supervisor Jeremy Thomas Maintenance Supervisor Roger Schrotenboer SUNNYSIDE CHRISTIAN HIGH (Enrollment -86 Gr. 9-12) (T-7) 837-8995 1820 Sheller Road, Sunnyside 98944 FAX 837-8895 Website: www.sunnysidechristianschool.org Business Hours 8:00 am -4:00 pm Administrator Dean Wagenaar Administrative Secretary (sunnysidecs4@earthlink.net) Julie Broersma Business Manager/Personnel Karen Schilperoot Technology Director Wayne Sylling TRINITY REFORMED CHRISTIAN (Enrollment -10 Gr. 1-8) (T-2) 837-2880 1505 Grant Avenue, Sunnyside 98944-1662 FAX 837-7188 Administrator (trinityres@earthlink.net) Maaike Van Wingerden YAIZAMA NATION TRIBAL SCHOOL (Enrollment -110 Gr. 8-12) (T-12) 865-5121 PO Box 151/601 Linden Street, Toppenish 98948 Direct Line: 865-4778 FAX 865-6092 Business Hours: 8:00 am -4:00 pm Superintendent (aswan@yakama.bia.com) Anita Swan, Ext. 4518 Principal/Athletic Director (finesplie@yakama.com) Frank Mesplie, Ext. 4537 Registrar (bpierre@yakama.bia.edu). Betty Pierre, Ext. 4525 Bookkeeper IV (ishock@yakama.bia.edu) Ida Shock, Ext. 4511 Special Education Director (mgoudy@yakama.bia.edu) Marilyn Goudy, Ext. 4292 Counselor (tsaluskin@yakama.bia.edu) Tamara Saluskin, Ext. 4510 Technology Director (rlambert@bia.edu) Rick Lambert, Ext. 4306 Transportation Coordinator (csmiscon@yakama.bia.edu) Clifford Smiscon, Ext. 4526 Maintenance Supervisor TBA, Ext. 4513 Food Service (jelwell@yakama.bia.edu) Jolene Elwell, 4522 Home Visitor) (kwalsey@yakama.bia.edu) Katrina Walsey, 4611 YAKIMA ADVENTIST CHRISTIAN SCH. (Enrollment -100 Gr. K-10) (T-9) 966-1933 1200 City Reservoir Road, Yakima 98908-2144 FAX 966-3907 Principal (freyguy_yacs®hotmail.com) Patrick Frey Secretary (susanb@yacschool.org) Susan Bailey 35 DOC. INDEX