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HomeMy WebLinkAbout08/07/1979 Special Meeting AUGUST 7, 1979 311 SPECIAL MEETING The City Council met in session on this date at 7:00 P.M. in the Council Chambers of City Hall, Yakima, Washington, Mayor Betty L. Edmondson presiding, Council members Henry Beauchamp, Lynn Buchanan, Don Hinman, Nadine Lee, Jack Sparling and Gordon Wonder, and City Manager Zais and City Attorney Andrews present on roll call. This being the time fixed for thelhearihg,on the modification for the Community Development Block Grant Fund for 1979 for a Community Garden Project, Mayor Edmondson stated thafwthis'is the second of two required hearings, the previous hearing being held on July 24, 1979. Dale Wilson, 507 East "G" Street, speaking for the Community Garden Project, stated he is here to answer any questions. Council member Lee expressed concern about supervision of this program. Carol Darby, Director of Community Development, reported that staff has had discussion on this and would like to take this on as a pilot program to see if this could be done throughout the City. Councilman Beauchamp objected to this idea, without first having it go through the Southeast Community Board. Ms. Darby reported that staff has had discussion with the Southeast Community Center staff. Councilman Wonder inquired if this would be considered a conflict of interest for Councilman Beauchamp. Councilman Beauchamp stated that he is bringing this before the Council for their information. It was MOVED by Hinman, seconded by Wonder to make the changes and include this $1,076.50 expenditure for the Community Garden Project in the 1979 Community Block Grant Program. Councilman Beauchamp stated that he is not opposed to the idea, but in terms of procedures, the Board did act on it and did approve it previously. Council member Lee stated that there wasn't anyone on the Southeast Community Board who wanted to take responsibility for the working action of this project, and neither did the Southeast Community staff. Mayor Edmondson stated that staff could work this through with the Southeast Community Board. Council member Lee asked if this would be considered a conflict of interest for her because she serves on the Southeast Community Board. Mayor Edmondson stated that if Council member Lee did not feel a conflict, then there wasn't any. 'City Attorney Andrews stated he does not have enough factual background to make that decision. He stated that since Council is acting in their 14islative capacity, it is less of problem than when they act as a judicial body. He stated he does not see any personal benefit to be derived by Council member Lee. The question was called for the vote on the Motion: carried, Buchanan, Edmondson, Hinman, Lee, Sparling and Wonder voting aye by voice vote. Councilman Beauchamp not voting due to conflict of interest, as he is the Chairman of the Southeast Community Board. This being the time fixed for the hearing on the Southeast Area Rezone, Fair Avenue to 7th Street, and Maple Street to Chestnut Street, as requested by citizens of the area, Mayor Edmondson stated that this hearing is being recorded so a written transcript of these proceedings may be made, if necessary, to include the verbatim remarks of all persons who participate, testify, or otherwise in this hearing. Therefore, she requested each person to step to the microphone to speak and identify themselves by name and address before they address the Council so that their remarks may be accurately recorded and the speaker promptly identified as the transcript is made. Because many persons will wish to give input in this hearing, Mayor Edmondson proposed some ground rules. First, Council will hear from the proponents of the rezone. Next, Council will hear from the opponents of this request for rezone. Finally, Council will hear from the proponents in summarization or rebuttal, if they have any new information. Except for spokesmen or representatives of each group, she suggested that remarks of the people be kept brief and to the point as they can possibly make it. She stated that it is the intent of the CoundiL to have all who wish to, have an opportunity to speak, and the chair does not wish to put any time restrictions on anyone. Council members have previously been furnished with Planning Commission minutes, staff reports, and other reports, information and input from both proponents and opponents of this requested rezone concerning this subject. All of this material, minutes, reports and such are all a matter of public record and are available to any interested party. Because she serves as Vice Chairman on the Southeast Community Board and because she voted unanimously to oppose this rezone, Council member Lee withdrew from this discussion due to conflict of interest. Councilman Beauchamp stated that since he is , . • 312 AUGUST 7, 1979 SPECIAL MEETING Chairman of the Southeast Community Board he must also withdraw due to conflict of interest.**Councilman Wonder stated that questioned his participation under the sense of fairness doctrine because he was contacted by a Council member regarding this problem and given input, guidance and suggestions about this situation, and asked if he should declare himself unable to participate in this discussion. City Attorney Andrews stated that without any further information, he did not see any conflict with the appearance of fairness doctrine. Maud Scott, 309 South 8th Street, submitted and read into the record a memo entitled "City Staff Report and Comments of Opposition" written in support of the City's staff report, and in rebuttal to comments made by the opposition in the form of a memorandum from the Yakima Board of Realtors to the City of Yakima Planning Commission, on behalf of the property owners requesting rezone. She also submitted a memorandum to Yakima City Council in rebuttal to the letter submitted by Mr. Charles R. Lyon for II/ the Yakima Board of Realtors, Central Washington Home Builders, and Yakima Valley Apartment Owners Association. Councilman Sparling questioned how many people worked with her on this request. Mrs. Scott stated that they never counted, however she would estimate that approximately 8 to 10 people worked with her in obtaining signatures from 90 families, representing 120 parcels on their filing. She stated that they have added to the petition, and submitted a petition signed by property owners within the neighborhood, which was collected between February, 1979, and June, 1979. She stated that they took a copy of application for rezone around the neighborhood, explained it, pro and con, and obtained the signatures submitted. Robert Crocker, 219 South 8th Street, stated that if the present zoning remains, there will be high rise apartments built in that area, which he doesn't want. He stated that this rezone is a sincere attempt to keep the quality of a small area. He also stated that most of the people who are opposed to this don't live in the neighborhood. Catherine Melford, 907 Central, stated that that area is being over crowded by low cost housing, without concern for sewer or schools in that area. A closer look should be given to the people who live in that area. Ines Rice, 4409 Arlington, stated that she has read Mr. Lyon's memo, and invited him to her neighborhood to learn about multiple housing. She stated that the streets are full of parked cars, the schools are overcrowded, and the sewer is overloaded. She stated that she was in the proposed rezone area, and was surprised at the way the homes were kept up. She asked if a sewer line' was going to be built in that area. Larry Wright, Principal Planner, reported that the sewers in that area are on a vitrous tile sewer system (8" to 10" in size). He stated that density is a concern. Mrs. Rice stated that Council should take this into consideration. She stated she understands there is only one realtor who has any money in that area. Mayor Edmondson reported that a letter protesting the rezone has been received from Valda Ellsworth, 710 East Walnut Street. Charles Lyon, representing the Apartment Owners Association, Central Washington Home Builders, and Yakima. Board of Realtors, distributed a summary of his memo submitted previously. He stated that he doesn't see that high rise apartments in that area would be economically feasible. Commenting about the signatures on the rezone petition, he stated that they checked those signatures of which 90 signatures represented 120 parcels. He stated they checked those signatures against title owners, and checked them for fee owners, and checked the Assessor's records on Excise Tax paid by contract owners. He stated that approximately 1/3 of those who signed the original II/ petition are property owners. He stated that 142 resident owners have it in their control to retain the control to keep the area as it is. He further stated that multiple family units requires off street parking. Regarding the recommendation from staff, he stated that the proposed change is inconsistant with the General Plan, and inconsistant with the City's Housing Code. He stated that it is his opinion that the Court would consider this spot zoning. He also stated that 12 to 14 owners would have non-conforming uses if the area were to be rezoned. As such, they have many restrictions on the use of the property, and it would be taking away a valuable property right. He reported they checked with the school registration and found that registration at Washington Junior High is down, and one of the grade schools is reasonably full, but the other has room for expansion. He stated that this down zone should be denied. Councilman Wonder inquired how the area requested for rezone was enlarged from 25 acres to 41 acres. Mr. Wright stated that the **Inadvertently omitted: Council members Beauchamp and Lee absent for the balance of the meeting. AUGUST 7, 1979 SPECIAL MEETING staff. changed the request with the concurrence of the Planning Commission. The boundary was dTawiutio priptect most of the single family units, leaving out the areas which are high in multiple family units. Joe T. Denman, 814 Central Avenue, representing the. Southeast Coalition, submitted a letter of facts dated June 28, 1979. He stated there are a lot of vacant - lots in the area and low cost housing :on them are better than lots of .weeds. He stated he is concerned about people, who don't have much, He •also: stated, that these people are glad to get the low income housing. Dale Nunley, 5704 Douglas Drive, representing Central Washington Home Builders, stated that the Association doesn't oppose the rezoning. They do, however, oppose such a large area being rezoned. If it can happen here, it can happen in other areas of the City. We are against the down zoning of an, area of this particular size. Fred Hammerstad, 4201 Richey Road, stating that he owns property in the area, stated that if this large an area can be rezoned in this area, it can happen in other areas of the City. He reported he was told there was another large area rezone out. Bob Crocker, 219 South 8th Street, stated that the rezone is going to stop low income housing. In the past, the Southeast area has always had a lot of room to develop. We should preserve the desirability in that area for someone to Phil Jongeward, 111 South 9th Street, stated he is trying to restore his house which was built in 1882. He stated he would not like to see a high rise apartment put in his neighborhood. He stated that he thinks some of the realtors are buying property in that area for speculation. Maud Scott stated that there are people who have lived in that area for 40 to 50 years and they have watched the housing go from good shape to being abandoned. She told of a single family dwelling which was turned into four apartments, and the resulting decay of the building and the increase of crime in that neighborhood. Speaking about the schools, she stated that Adams and Barge-Lincoln Schools are close to capacity. She stated that they are not against low cost housing. She stated there are other methods of addressing those needs -- not all low income units need be located in the Southeast Area. Councilman Wonder questioned if there were any way the City could get a vote from the property owners on what they want. Larry Wright stated that it would be extremely difficult to establish ownership of the property. Mayor Edmondson questioned if there are any restrictions in the R-3 zoning. Larry Wright stated that the size of the lot and how much off street parking that can be provided would restrict what could be built there. He stated that a four-plex could be put on a small lot -- 50' x 130'. Councilman Hinman stated that the Comprehensive Plan was founded in the mid-60's and more people then could afford to buy a home. It is an area which should be protected for the low and moderately low income families. It is important because home ownership is possibly the main stay of our economy. He stated he doesn't understand the concern about low income housing, and it being a threat. Councilman Sparling questioned how many vacant lots and buildings there are in the area. He stated that if there is a limited amount of property to be developed, then the odds of a lot of people moving into that area are low. Councilman Sparling questioned if Mr. Hammerstad wants to put in multiple units, would he have a legal case to recover damages if the area is rezoned to R-1. Fred Andrews, City Attorney, stated that without discussing this specifically, the Courts have recognized changes in zoning by the City Council for the betterment of the City, i.e., health, safety, and welfare of the community, which does not constitute unlawful property rights of the property owners in the area. Council discussed the possibility of rezoning those in the area who wished to be rezoned, and letting those who don't, retain the R-3 Zoning. City Attorney Andrews stated that the question before the Council is to either rezone the area or not. Council cannot amend the area to be rezoned. He stated that if Council wants to amend this rezone, it has to be started as a brand new application. It was MOVED by Hinman, seconded by Wonder, to approve the rezone from R-3 to R-1, with the exceptions of (A) and (B) named in the City staff report. Councilman Wonder stated that most of the residents are for this rezone and the people who own property have the right of protection. Councilman Sparling stated this would set a precedent, which he doesn't like. He stated that before this is approved, we should set the standards. Mayor Edmondson stated that for the record, regarding this Motion made by Hinman, and seconded by Wonder to accept the Planning Commission's recommendations -- the reasons for the findings are as stated here: the General Plan, development of the area 314 AUGUST 7, 1979 SPECIAL MEETING and density. These things have been reaffirmed in this hearing here today. The question was called for the vote on the Motion: Buchanan, Hinman, and Wonder - - voting aye on roll call. Edmondson and Sparling voting nay. Beauchamp and Lee absent. There being no futher business to come before the Council, it was MOVED by Wonder, seconded by Sparling that this meeting be adjourned at the hour of 10:10 P.M.: carried, Buchanan, Edmondson, Hinman, Sparling and Wonder voting ay-/b voice vote. Beauchamp and Lee absent. READ AND CERTIFIED ACCURATE BY 1 DATE______ ." COUNCILMAN II/ ATTEST: .0 Laieraig: CITY/CLERK q / MAYOR )