HomeMy WebLinkAbout1998-039 Rezone 702 S 48th Avenue 111 •
ORDINANCE NO. 98- 39 •
AN ORDINANCE concerning land use and zoning, rezoning one parcel
addressed 702 South 48th Avenue from Single- Family
Residential (R -1) to Local Business (B -2) and amending the
zoning map of the Yakima Urban Area accordingly; and
granting Class 2 approval for continued use of the parcel for •
a mobile home repair business.
WHEREAS, Lonny and Joanne Carr (hereafter referred to as the "Applicants ") have,
have by application filed under Department of Community and Economic
Development file UAZO RZ #5 -98, CL(2) #13 -98, and EC #11 -98, requested
(1) amendment of the Official Yakima Urban Area Zoning Map to rezone one parcel
of land at 702 South 48th Avenue in Yakima, Washington (Yakima County Assessor's
Parcel #181328 - 11006) (referred to below as "the Subject Property ") from Single -
Family Residential (R -1) to Local Business (B -2), and (2) Class 2 approval, as required
in the B -2 District, for continued use of the parcel for a mobile home repair business;
and
WHEREAS, on une 25 1998 the City of Yakima Hearing Examiner conducted a
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duly convened open record public hearing regarding the requested rezone and
Class 2 approval, and after considering the contents of the file and evidence received
at the public hearing, issued his Examiner's Recommendation, Examiner
No. IU98 -2 -14, dated July 1, 1998; and
WHEREAS, the Hearing Examiner recommended approval of the requested rezone
and associated Class 2 approval subject to several conditions stated on page 13 of his
Recommendation; and
WHEREAS, the Council considered the requested rezone and Class 2 approval
at its regular public meeting on August 4, 1998; and
WHEREAS, after considering the Hearing Examiner's Recommendation, the
contents of the file, and the statements of interested persons, the City Council finds
with respect to the requested rezone and Class 2 approval that, subject to the
conditions recommended by the Hearing Examiner as stated on page 13 of his
Recommendation:
1. The Subject Property is suitable for uses permitted in the Local Business (B -2)
zoning district;
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2. There exists a public need for the requested rezone;
3. Circumstances have changed since the existing zoning was established which
now make the requested rezone appropriate; and
4. The requested rezone is consistent with and complies with:
a. The requirements and considerations set forth in chapter 15.23 of the Yakima
Municipal Code;
b. The goals and policies of the Yakima Urban Area Comprehensive Plan;
c. The intent of the Yakima Urban Area Zoning Ordinance; and
d. Other applicable land use controls; and
WHEREAS, it is in the best interests of the City and its people to adopt the Hearing
Examiner's findings and conclusions and recommendation and, subject to the
conditions recommended by the, Hearing Examiner as stated on page 13 of his
Recommendation, to approve the requested rezone and to grant the requested
Class 2 approval; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA,
WASHINGTON:
Section 1. The Yakima City Council adopts and incorporates by reference the
findings, conclusions and recommendations of the Hearing Examiner's
Recommendation, Examiner No IU98 -2 -14, City Nos. UAZO RZ #5 -98, CL(2)
#13 -98, and EC #11 -98, issued July 1, 1998.
Section 2. The Official Yakima Urban Area Zoning Map within the City of Yakima
is amended to rezone the Subject Property from Single- Family Residential (R -1) to
Local Business (B -2) in the vicinity of 702 South 48th Avenue in Yakima,
• Washington, and legally described as:
THE S. 96.5 FEET OF THE EAST 344 FEET OF THE N.E. 1 /4 OF THE
N.E. 1 /4 OF THE N.E. 1 /4 OF SECTION 28, TOWNSHIP 13 N., R. 13
EWM; EXCEPT THE WEST 150 FEET; AND EXCEPT THE EAST 20
FEET FOR COUNTY ROAD.
Situated in Yakima County, Washington
Section 3. Subject to the conditions stated in Section 6 below, the City Council
finds formally that:
1. The above - described Subject Property is suitable for uses permitted in the Local
Business (B -2) zoning district;
2. There exists a public need for the requested rezone;
3. Circumstances have changed since the existing zoning was established which
now make the requested rezone appropriate; and
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4 . The requested rezone is consistent with and complies with:
a. The requirements and considerations set forth in Chapter 15.23 Yakima
Municipal Code;
b. The goals and policies of the Yakima Urban Area Comprehensive Plan;
c. The intent of the Yakima Urban Area Zoning Ordinance; and
d. Other applicable land use controls.
Section 4. Subject to the conditions stated in Section 6 below, the requested rezone
is granted and the Official Yakima Urban Area Zoning Map within the City of
Yakima is amended accordingly to rezone the Subject Property from Single -
Family Residential (R -1) to Local Business (B -2).
Section 5. Subject to the conditions stated in Section 6 below, the requested
Class 2 approval_ is granted.
Section 6. Conditions Precedent: The rezone and Class 2 approval provided
herein shall not become effective unless and until: •
1. Applicants execute and record the attached development agreement which
stipulates that all B -2 uses other than the existing mobile home repair
facility are subject to Class 3 review, and that any further physical
II expansion of the mobile home repair service on this site continues to be
subject to Class 2 review.
2. Ten feet of right -of -way along South 48th Avenue along the frontage of the
Subject Property is dedicated to the City.
3. Applicants complete street frontage improvements along South 48th
Avenue, consisting of curb, gutter, a sidewalk, and completion of
pavement between the existing pavement and the new curb and gutter.
4. A paved driveway and parking complying with city development
regulations shall be installed on the site.
Section 7. The City Clerk is hereby authorized and directed to file with the
Yakima County Auditor a certified copy of this ordinance.
Section 8. Subject to the foregoing provisions and conditions, 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, and this action shall be final and
conclusive unless within 21 days from the date this ordinance is passed by the
City Council an aggrieved party commences proceedings for review pursuant to
the provisions of Chapter 36.70C RCW.
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PASSED BY THE CITY COUNCIL at a regular meeting and signed and . 411, ,
approved this 1st day of September, 1998.
e ./"Ze- ( e,•-L
John Puccinelli, Mayor
ATTEST:
&.(}z-- >A /e- 0-1 c_ •
City Clerk
•
Publication Date: 9 -4 -98 .
Effective Date: 10 -4 -98.
411
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Filed at request of
and return to:
CITY CLERK
•
City of Yakima
•
129N.2ndSt.
Yakima, WA 98901
•
DOCUMENT 'I TILE: 1 LE: DEVELOPMENT AGREEMENT
GRANTOR: CITY OF YAKIMA
GRANTEES: LONNY CARR and JOANNE CARR
LEGAL DESCRIPTION :
PART OF THE N.E. 1/4 OF THE N.E. 1/4 OF THE N.E. 1/4 OF SECTION 28, TOWNSHIP
13 N., R. 18 EWM.
Additional legal below on this page.
410 ASSESSOR'S TAX PARCEL NUMBER 181328 -11006
DEVELOPMENT AGREEMENT.
This Development Agreement (the "Agreement ") is made as of this day of
,1998, by the City of Yakima, Washington, a municipal corporation organized under
the laws of the State. of Washington (the "City"), and Lonny Carr and Joanne Carr ( "Developers ").
RECITALS
A. Developers have requested (1) rezone of one lot they own (the "Subject Property") in
the City of Yakima from Single - Family Residential (R -1) to Local Business (B-2), and (2) Class 2
approval, as required in the B-2 District, for use of the parcel for a mobile home repair/ general
construction contracting business. The Subject Property is Yakima County Assessor's Tax Parcel
Number 181328 -11006 and is described as:
THE S. 96.5 FEET OF THE EAST 344 FEET OF THE N.E. 1/4 OF THE N.E. 1/4 OF THE
N.E. 1/4 OF SECTION 28, TOWNSHIP 13 N., R. 18 EWM; EXCEPT THE WEST 150
FEET; AND EXCEPT THE EAST 20 FEET FOR COUNTY ROAD.
Situated in Yakima County, Washington
B. The City is willing to rezone the Subject Property from Single - Family Residential (R -1)
to Local Business (B -2) and to grant Class 2 approval, as required in the B-2 District, for use of the
parcel for a mobile home repair /general construction contracting business, but only subject to the
• following conditions:
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1. All B -2 uses other than the existing mobile home repair /general construction
contracting business shall be subject to Class 3 review.
2. Any further physical expansion of the mobile home repair /general
construction contracting business on this site shall be subject to Class 2
review.
3. Developers shall dedicate ten feet along the South 48th Avenue frontage of the
Subject Property to the City as public right -of -way.
4. Developers shall complete street frontage improvements along South 48th
Avenue, consisting of curb, gutter, a sidewalk, and completion of pavement
between the existing pavement and the new curb and gutter.
5. Developers shall install a paved driveway and paved parking, complying
with city development regulations on the site.
C. Developers agree to fully satisfy the conditions specified above.
AGREEMENT
In consideration of the mutual promises herein, the City and Developers agree as follows:
1. Developers stipulate that, for the purposes of establishing and enforcing this development
agreement, the City's current development regulations are "development regulations adopted by a
local government planning under chapter 36.70A RCW" according to the provisions of RCW
36.70B.170.
2. The City shall rezone the Subject Property from Single - Family Residential (R -1) to Professional
Business (B -1).
3. The City shall grant Cla 2 approval, as required in the B-2 District, for use of the Subject
Property for a mobile home repair /general construction contracting business.
4. Developers and their transferees and successors in interest shall not use or develop any of the
rezoned Subject Property for any B -2 uses other than the existing mobile home repair /general
construction contracting business unless such other use is first duly approved after Class 3 review.
5. Developers and their transferees and successors in interest shall not undertake further
physical expansion of the mobile home repair /general construction contracting business on this site
unless such physical expansion is first duly approved after Class 2 review.
6. Developers shall dedicate ten feet along the South 48th Avenue frontage of the Subject
Property to the City as public right -of -way.
7. Developers shall complete street frontage improvements along South 48th Avenue, consisting
of curb, gutter, a sidewalk, and completion of pavement between the existing pavement and the new
curb and gutter.
8. Developers shall install a paved driveway and paved parking, complying with city
development regulations on the site.
9. Pursuant to the provisions of RCW 36.70B.190, this development agreement shall be recorded
with the real property records of Yakima County. This agreement is binding on City and the
Developers and their successors.
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and Demands. Any notice or demand which either party hereto is required or desires
10. Notices y P h'
to give to or make upon the other shall be in writing and shall be delivered or made by United States
registered or certified mail, return receipt requested, postage prepaid, addressed as follows:
In the case of the City to: In the case of the Developer to:
City of Yakima Lonny and /or Joanne Carr
c/o City Manager 702 South 48th Avenue
129 North Second Street Yakima, Washington 90908
Yakima, Washington 98901
11. Litigation, Venue, and Governing Law. In the event any suit or action is instituted by either
party to enforce compliance with or interpret any of the terms, provisions or conditions of this
development agreement, the prevailing party shall be entitled to collect, in addition to necessary court
costs, such sums as the court may adjudge as reasonable attorney's fees. The venue of any action to
enforce or interpret this development agreement shall lie in the Superior Court of Washington for
Yakima County, Washington. This Agreement shall be governed by the laws of the State of
Washington.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and
year first above written.
The City of Yakima,
a Washington municipal corporation
• By
R. A. Zais, Jr.
City Manager
•
ATTEST:
•
City Clerk
DEVELOPERS
Lonny Carr Joanne Carr
702 South 48th Avenue 702 South 48th Avenue
Yakima, Washington 90908 Yakima, Washington 90908
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DEVELOPMENT AGREEMENT/CARR REZONE . Page 3 of 4
State of Washington )
) ss:
County of Yakima
I certify that I know or have satisfactory evidence that Lonny Carr is the person who appeared before
me, and said person acknowledged that he signed this instrument and acknowledged it to be his free
and voluntary act for the uses and purposes mentioned in the instrument. •
•
DATED:
•
Printed Name:
NOTARY PUBLIC in and for the State of Washington,
• • residing at•
My commission expires:
State of Washington )
)ss:
County of Yakima )
I certify that I know or have satisfactory evidence that Joanne Carr is the person who appeared before
me, and said person acknowledged that she signed this instrument and acknowledged it to be her free
and voluntary act for the uses and purposes mentioned in the instrument.
DATED:
Printed Name:
NOTARY PUBLIC in and for the State of Washington,
residing at
My commission expires:
•
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DEVELOPMENT AGREEMENT/CARR REZONE • Page 4 of 4
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RECEIVED
•
Master Application by ) EXAMINER'S RECOMMENDATION JUL o 2 1998
Lonny Carr Concerning )
702 S. 48 Avenue, for a ) City No. UAZO RZ #5-98,. CITY OF YAKIMA
- Rezone from R -1 to 8 -2, ) CL (2) #13 - 98, EC #11 -98 PLANNING DIV.
and Class 2 Review
for a Mobile Home Repair ) Examiner No. IU98 -2 -14
Bl s.iness
The Examiner conducted a public hearing on June 25, 1998.
The staff report presented by Bruce Benson recommended denial, for
Leasons set forth below: Mr. Carr attended the hearing together
with his engineer, Dale Nobel. A residential neighbor to the
south testified that the existing activities are completely
acceptable, but that if the use were changed, or considerably
expanded beyond the present circumstances, neighbors would be
concerned. Similar views were expressed by a resident of Glenmore
Green, who also presented a letter from the owners of Glenmore
Green and spoke on•their behalf, expressing concerns about the
impact of the rezone. The Examiner inspected the property prior
to the hearing.
SUMMARY OF _RECOMMENDATION. The Examiner recommends approval
of this rezone, subject to a development agreement stating that
all uses normally permitted in the B -2 zone, other than mobile
. home repair, will be treated in the future as a Class 3 use as to
this ste. This means that any other use, otherwise permitted in
E -2, would be subject to a public hearing', and would be deemed by
the ordinance to be generally incompatible at this location.
From the view of the site, the matters contained in the
official record, including the staff report, a review of both the
Yakima Urban Area Comprehensive Plan and the Yakima Urban Area
Zoning Ordinance, and from evidence received at the hearing, the
Examiner makes the following:
EXAMINER'S RECOMMENDATION - 1
Lonny and Joanne Carr
HE #IU98 -2 -14 •
• HEARING EXAMINER
FOR THE
CITY ANO COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 248 -0706
FINDINGS
1. Applicant. Lonny and Joanne Carr.
•
2. Location. 702 S. 48 Avenue. Assessor's parcel
number 181328 - 11006. The legal description is attached to the
` pp ication and incorporated by reference.
3. Application. Master application, for a rezone from
Single Family Residential (R -1) to Local Business (B -2), with
Class 2 review to permit continuation of a mobile home repair
business, a Class 2 use in the B -2 zone.
4. Current Zoning and Use. Current zoning and. land uses
of adjacent properties are as follows:
Location
Current Zonina Existing Land Use
cite R -1 Residence and Mobile Home
• Repair Business
North B -2 The Findery Florist & Gifts
East R -2 Glenmore Green II Apts.
West 'R -2 Duplex Residential
South R -1 Bonnie Lane private road and
Single Family Residential.
5. Pro Description. This proposal is for a rezone of
the applicants' single family home from its existing R -1 zone to
a B -2, Local Business zone. The stated purpose for this request
is to permit the applicants to continue to operate an existing
•
mobile hcme repair business from this location.
In September of 1991, the applicants applied for. a home
occupation permit to operate the administrative portions of their
mobile home repair business from their residence. This use was
approved for business administration only, which is a permitted
Class 1 use within the R -.1 zoning district.
In March of 1994, the applicants applied for a building
permit to construct a 4,320 square foot, two story garage on
their property. The building permit states on its face that the
purpose for this structure is for vehicle storage and,a hobby
EXAMINER'S RECOMMENDATION - 2
Lonny and Joanne Carr
HE #IU98 -2 -14
HEARING EXAMINER
FOR THE
crre AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHNGTON 98907
(509) 248 -0706
shop. Although extremely large for an accessory structure,• the
zoning ordinance does not limit the size of garages. Provided
that building setbacks, height, and lot coverage for the zoning
district are not exceeded there is no limit imposed on the size
of the building. There are, however, limits on the use of
accessory structures. Only land uses permitted in the underlying
zoning district are allowed.
The current site plan indicates that some of the yard areas
shown the 1994 site plan have been graveled and used for
parking. These graveled areas are being used for parking for
' more than the three vehicles permitted before paving becomes
•
mandatory.
This request involves a commercial land use that is
presently in place and functioning, and is therefore out of
compliance with the existing zoning regulations for the R -1,
Finale- family residential zone.
6. Yakima Urban Area Zoning Ordinance. The criteria for
rezones established by YCC 15A.23.030( are considered below:
6.1 Testimony. The testimony summarized above is
incorporated' here. One letter was received in support from Doug
Lemon, indicating that the B -2 zoning would be consistent with the
F.-2 (duplex) zoning immediately behind (west) of this property.
The letter from The .. Park Place Group, owner of Glenmore
Green, expressed concern that a rezohe would lower the value of
the apartment property as well as other residential properties - in
t o area. The letter also expressed concern that commercialization
cf older residences seems to lead to gradual breakdown of
• neighborhoods, and that there is adequate commercially zoned space
in Yakima for businesses of this sort. •
Civil Engineer Dale Nobel testified, on behalf of the Carrs,
that if this proposal is accepted, the Carrs will improve their
frontage on 48 by dedicating 10 foot of right of way, and
installing curb, gutter, and sidewalks, to comply with the
•
EXAMINER'S RECOMMENDATION - 3
Lonny and Joanne Carr
HE #IU98 -2 -14
HEARING EXAMINER
• FOR THE
• CT' AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAK IMA. WASHINGTON 98907
(509) 248 -0706
designation.of 48th as a collector arterial.
Mr. Nobel pointed out that the arterial designations used to
classify streets are confusing, in that the city uses a different
standard. than the State Department of Transportation. In Mr.
Nobel's experience, South 48 is carrying a substantial amount of
•
traffic, and functions as an arterial. Installation by the city
of a new traffic signal at 48 and 'Nob Hill, coupled with the
existing signal at 48 and Tieton, demonstrates that traffic
engineering warrants exist for installing lights on the major
arterials because of the cross traffic on 48
No accurate'information is apparently available concerning
current traffic volume. The Carrs attempted to count traffic from
a video tape of one's day traffic, but the methodology is suspect,
as it yielded what seems a high count of 10 to 12,000 cars per
day. The most recent information available from the city,
provided by Mr. Benson, is that north of Nob Hill, in June, 1995,
South 48 had an average daily traffic count of 3,041. Yakima
County's experience in the urban area is that arterial traffic is
increasing in excess of 10% per year, which might put current
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traffic volume at close to 4,000 trips per day.
Mr. Carr explained the evolution of his business. He and
his wife started out on a shoestring in 1990 doing mobile home
'repairs. As reflected above, in 1991 they received a home
occupation permit to operate out of this location. In 1994 they
received a building permit to build a two story multi -bay garage
with storage and a hobby shop.
The heavy snow in the winter of 1996 -1997 found their
services in substantial demand, and since that time the business
has dramatically expanded, from a home occupation to one with
about 10 full time equivalent employees and four vehicles.
Mr. Carr anticipates that the business will continue in its
present status, and will not significantly expand in the future.
6.2 Suitability of the Property. The existing
EXAMINER'S RECOMMENDATION - 4
Lonny and Joanne Carr
HE #IU98 -2 -14 •
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 248 -0706
activity is readily accommodated by this site, and has not caused
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any concerns or problems for neighbors. The arterial access issue
is the major concern, and is dealt with below. The garage and
parking area.is located on a private dead end street, Bonnie Lane,
providing efficient access to South 48
• 6.3 Agency Recommendations, The Planning Division
recommends denial. Their reasoning is set forth in the. staff
report, incorporated herein, and is summarized here. One of their
primary points is that the 1981 comprehensive plan indicates that
commercial uses must be served by principal or secondary arterial
streets, with access by interior streets. South 48 is not
classified as a secondary arterial, but rather as the lesser
category'of collector arterial. A secondary arterial requires 70
feet -of right of way with 50 feet of pavement. Forty - eighth, as a
collector arterial, requires 60 feet of right of way and 27 feet
of pavement. Forty - eighth, despite its classification as a
collector arterial, presently has only 40 feet of right of way.
If this proposal is granted, Carrs will dedicate an
additional 10 feet of right of way on their side of the street,
and bring their side of the street up to current standards for a
collector arterial. Presently there is no curb, gutter, or
s:Lce• alk.
Planning also makes the point that the 1981 comprehensive
plan defines B -2 as incompatible with low density residential land
uses and that therefore B -2 zoning should not be extended south on
=? - The plan does consider B -2 zoning as compatible with
Moderate density residential development. as well as other
commercial land uses. In this instance property to the east and
west is zoned R -3 and R -2 respectively.
Although the 1997 comprehensive plan has not yet been
implemented, the future land use map _(Map III -3) designates this
area as remaining residential.
Planning is also legitimately concerned that the Carrs have
•
EXAMINER'S RECOMMENDATION - 5
Lonny and Joanne Carr
HE #IU98 -2 -14
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
• YAKIMA. WASHINGTON 98907
• (509) 248 -0706
improperly expanded their home occupation to a full bore
business, and are now seeking to legitimize what staff
characterizes as an illegally established land use. Staff
understandably sees this as more of an enforcement issue, and are
hesitant to utilize rezones to sanction illegal land uses.
6.4 Compliance with Comprehensive Plan and Zoning
Ordinance.
6.4.1 1981 Yakima Urban Area Comprehensive Plan.
The optimal land use chapter of the 1981
Plan contains development criteria for various types of zones.
The commercial development criteria, at OLU- 10 -14, indicate that
their purpose is to enable decisionmaking which will enable the
continuance or expansion of existing and new businesses. The
requirements are that the proposal should promote the development
of the central business district and associated peripheral
activities, should strengthen existing commercial areas, should
conveniently serve the area's population, should not infringe on
other intensity uses in a conflicting manner, and should provide
the opportunity for expansion and diversification of business in
the area. _(See 1981 Plan, OLU -10, 11).
With respect to transportation, commercial uses are -to be
served by principal or secondary or arterials. The entire
provision, at OLU -11 provides as to transportation, that all
commercial uses:
1. Shall be served by principal or secondary
arterials. All commercial uses except the Central
Business District shall only be allowed along arterials
with access by interior streets or with controlled
access points. Access to and from the CBD shall be
provided by arterials. Secondary and collector .
arterials may also act as access roads within the.CBD.
2. Shall only be allowed where adequate off - street
parking and sidewalks are provided.
3. Shall be encouraged to locate in areas where
transit is currently provided or can be extended in the
future.
EXAMINER'S RECOMMENDATION - 6
•
Lonny and Joanne Carr
HE #IU98 -2 -14
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 248 -0706
•
In this instance, this property is served by both Tieton and
Nob Hill. arterials., The plan is not clear how proximate the
business needs to be to be considered served by an arterial. In
this instance, the florist business next door, located in the old
Charbonneau Castle, is zoned B -2 and is apparently considered to
be served by arterials. Certainly 48 serves in some capacity as
an arterial, and access is provided not only with direct frontage,
but also with an interior street, Bonnie Lane.
The second item quoted above deals with off street parking
and sidewalks. If approved, this proposal will provide all
frontage improvements appropriate for South 48 Avenue, including
right_ of way, curb and gutter, and 'sidewalks. Paved off street
parking will be required as a condition of Class 2 approval, and
•
mist comply with all applicable development regulations.
As to item 3, transit is presently provided on 48 Avenue.
The development criteria in the comprehensive plan also put
significant emphasis upon compatibility. This is consistent with
the purpose of the comprehensive plan, which as set forth at OLU-
1, has three primary objectives. The first is to assure that
public services can be provided as needed, in a manner which does
not place an excessive burden on general taxpayers or area.
residents.
The second objective is to assure that future development be
cc-.tistible with existing uses, and not involve any activity which
will degrade existing land uses or negatively affect the health,
safety, or welfare of current area residents. (See 1981 Plan,
OLU -1.) The third objective is to assure that future land use
controls respond to, rather than attempt to direct market demand,
by providing predictability coupled with flexibility to address
individual situations. (OLU -2).
The compatibility criteria direct attention to traffic,
pollution, light, economic value; dwelling unit densities,' and
EXAMINER'S RECOMMENDATION - 7
Lonny and Joanne Carr
HE #IU98 -2 -14
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA, WASHINGTON 98907
(509) 248 -0706
citizen preference. (OLU -3).
There is no evidence whatsoever that 48 is unable to handle
the minimal additional traffic which is already being generated by
this proposal.
Citizen concerns focus on uses which might be developed on
this property which would have a much higher probability of
incompatibility. That concern is legitimate, and can be addressed
by granting the rezone subject to a development agreement
requiring Class 3 review for any subsequent B -2 use of this
r
As to impact on economic value, there is legitimate concern
that other activities might in fact adversely affect neighborhood
valnes. There is no evidence whatsoever that this current
activity has had any impact.
As to the other compatibility factors, they are not an issue.
No evidence has been submitted suggesting a problem.
6.4.2 1997 Yakima Urban Area Comprehensive Plan.
Map 1II -2, General Land Use, shows land uses based on a
survey. At that time, all of the property on the west side of
48 Avenue, from Nob Hill to Tieton, is shown as single family
residential. Map III -3, Future Land Use, designates this parcel
as low density residential. Adjacent parcels to the north and
west appear to be designated arterial commercial. (The large
scale of the map makes it difficult to determine individual parcel
designations.)
The land use compatibility chart (Figure III -2), which
follows the future land use map in the plan designates low density
residential as generally not compatible with arterial commercial.
Any existing incompatibility already exists, based upon testimony .
has not been a problem, and therefore moving the boundary one lot
simply maintains the existing incompatibility, while creating a
better buffer, namely Bonnie Lane, between business properties to
the north and residential properties to the south.
EXAMINER'S RECOMMENDATION - 8
Lonny and Joanne Carr
HE #IU98 -2 -14
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA, WASHINGTON 98907
(509) 248.0706
The plan states, at III -6:
The Future Land Use Map is a generalized proposal for
where development is expected to occur, and is not the
official zoning map for the City. The Future Land Use Map
acts as 'a guide to evaluate development proposals for
consistency with the plan, along with applicable goals and
policies. The City of Yakima Zoning Map, not the Future Land
• Use Map, shall be the basis for land use project permit
decisions.
The transportation chapter of the new plan continues to
designate 48 Avenue as a collector arterial. Nob Hill is
designated a principal arterial, and Tieton is designated a minor
arterial. (1997 Plan, Map V -2). Forty - eighth is also designated
for collector improvements in this area, by Map V -3. There is no
•
evidence in this record suggesting that the level of service is
.inadequate on South 48 Avenue, and no evidence suggesting that
this project will negatively effect the capacity of 48 Avenue.
The 199.7 comprehensive plan establishes a number of goals,
objectives and policies. Policy G2.2 states:
Protect existing neighborhoods from excessive commercial and
industrial encroachments through the establishment of
definite neighborhood boundaries and implementation of zoning
standards which minimize the impact on adjacent properties.
(1997 Plan, page II -5).
Extending the existing commercial boundary one lot south, to
Bonnie Lane, establishes a more logical zoning boundary.
Utilization of a development agreement increasing the standards of
review for other possible uses on this parcel will minimize the
possible adverse impact of this rezone.
Objective Z7 states: "Encourage economic growth which
minimizes the public's share of infrastructure costs." (1997,
Plan, page II -11.) This parcel is served by existing utilities. •
Street improvements will be installed by the applicant.
Another objective is to coordinate economic development with
transportation planning, to insure that industrial and commercial
EXAMINER'S RECOMMENDATION - 9
Lonny and Joanne Carr •
HE #IU98 -2 -14
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
• YAKI MA. WASHINGTON 98907
(509) 248 -0706
•
•
uses have good transportation accessibility. Accordingly, the
city is expected to review land use designations to insure
compatibility with the transportation network. (Objective T4,
page II -24).
In reviewing the new comprehensive plan, there does not
appear to be any stringent requirement concerning the designated
type of arterial on which commercial uses can locate. The new
plan seems to be somewhat more flexible in this regard than the
prior comprehensive plan.
6.5 Urban Area Zoning Ordinance. The B -2 zone is
intended to provide areas for commercial activities, outside the
Central Business District, which meet retail shopping and service
needs of the community. It is also intended to accommodate small
•scale commercial uses requiring high visibility and easy access to .
major arterials. Typical uses include small retail sales and
service establishments. (YMC Section 15.03.030(6)). A large
number of land uses are permitted in the B -2 zone, generally as
either Class 1 or Class 2 uses. (YMC Chapter 15.04, Table 4 -1).
Included in the purpose of the zoning ordinance'is encouragement
of structures and land for commerce in districts where they are
compatible with neighboring land uses, and encouraging development
where all services and facilities are available. (YMC 15.01.030).
In this instance, all neighborhood testimony supports finding
that the existing activities are compatible with the area, and •
have not caused any problems. All facilities are'available, and
Ecuth 48'` will in fact be improved by the Carrs to meet its
present construction design specifications on the Carr frontage.
The frontage improvements on the Carr property will in fact exceed
the frontage improvements on the adjacent property to the north,
which is already zoned and developed for B -2 use.
This proposal as conditioned below is consistent with both
comprehensive plans and the zoning ordinance.
6.6 Adequacy of Public Facilities. As reviewed above,
EXAMINER'S RECOMMENDATION - 10
Lonny and Joanne Carr
HE #IU9B -2 -14
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 248 -0706
. all public facilities are adequate.
6.7 Compatibility. As reviewed above, this proposal
is compatible with the neighborhood. •
6.8 Public Need. Public need is the. local ordinance
requirement, somewhat comparable to the state law requirement of
cnanqe of circumstance. Clearly; as to the Carrs, circumstances
i;ave changed as to their business since its inception in 1990.
In addition, the city has recently finished installation of a
new traffic signal at 48 and Tieton, which renders that section
of 48 between Tieton and Nob Hill, fully connected to the
city's arterial street system. The city has also designated this
section of 48 in the 1997 comprehensive plan, as subject to
further arterial improvements.
The Carrs have met their burden of proof to establish' a
public nee: and change of circumstance warranting'this rezone..
7. Class 2 Application. The details of this business
activity are forth above. The mobile home repair business may be
. continued, subject to the conditions set forth below, which deal
with frontage improvements, driveway and parking pavement, and a
development agreement establishing Class 3 review for future land
uses on this parcel.
I recognize that the use of such a development agreement
poses tremendous administrative difficulties for the Planning
Division. As we start to utilize the tools available under state
law, such as development agreements, it is more and more difficult
t o rely upon a simple zoning map as an indicator of permitted
uses. There will be an increasing need to rely upon the address
•
files maintained by the city, in order to verify land use
restrictions which may be imposed on specific parcels.
Plat maps went through this evolution long ago. No property
purchase or financing transaction is now feasible without a title
report which shows encroachments on title, and physical
inspections or surveys which indicate boundary issues. Real
•
EXAMINER'S RECOMMENDATION - 11
Lonny and Joanne Carr
HE #IU98 -2 -14
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 248 -0706
estate practices have evolved to reflect the increased need for
due diligence when making inquiries concerning a given parcel.
More recently, the specter of environmental liability has further
increased the required due diligence. Perhaps inevitably,
utilization of development agreements and planned unit
developments will render the zoning map more illustrative than
evidentiary.
In this instance, the Carrs have grown a substantial business
from scratch, and are contributing in a material and. positive way
to the economic life of our community. Our land use regulations
must accommodate economic growth, particularly when that growth
can occur without adverse impact upon the adjacent neighborhood.
This is that instance, .and utilizing a development agreement to
limit other uses on the site helps accomplish that result.
8. Environmental Review. A Determination of Non -
significance was issued on April 27, 1998 and is now final.
9. Public Notice. Public notice of the hearing was
provided pursuant to ordinance, as follows:
Mailing of notices to adjacent owners May 29, 1998
Posting of property May 29, 1998
Legal` Ad published May 29, 1998
From the foregoing Findings, the Examiner makes the
following:
CONCLUSIONS
1. The Examiner has jurisdiction.
2. The proposed master application conforms to the goals
and policies of the Yakima Urban Area Comprehensive Plan and to
the intent of the Yakima Urban Area Zoning Ordinance; the property
is suitable for uses permitted in the B -2 District, subject to a
development agreement treating all B -2 uses other than a mobile
home repair facility as a Class 3 use on this parcel; any problems
;with neighborhood compatibility can be resolved; and a public need
EXAMINER "S RECOMMENDATION - 12
Lonny and Joanne Carr
HE #IU98 -2 -14
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 248 -0706
•
• does exist for the proposed change.
3. All notice provisions of the ordinance have been
complied with.
Based upon the foregoing Findings and Conclusions, the
Examiner submits to the Yakima City Council the following:
RECOMMENDATION
1. Approve this rezone application, from R -1 to B -2.
2. Approve this Class 2 application.
3. Both approvals are subject to the following conditions:
A. Recording with the Yakima County Auditor of a
development agreement between the City of Yakima and Mr. and Mrs.
Carr specifying that all B -2 uses other than the existing mobile
home repair facility are subject to Class 3 review.
B. Ten feet of right of way shall be dedicated to the •
city along the property frontage on South 48 Avenue.
C. Street frontage improvements on 48th, consisting
cf curb and gutter, a sidewalk, and completion of pavement between
the existing pavement and the new curb and gutter shall be
completed by the Carrs.
D. A paved driveway and parking, complying with city
development regulations, shall be installed on the site.
E. Any further physical expansion of the mobile home
repair service on this site continues to be subject to a Class 2
review.
F. All conditions shall be completed prior to or
concurrently with execution by the city of the rezone ordinance.
EXAMINER'S RECOMMENDATION - 13
Lonny and Joanne Carr
HE #IU98 -2 -14
HEARING EXAMINER
• FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 9890i
• (809) 248 -0706
Respectfully submitted this 1 day of July, 1998.
t\-kt- 1
PHILIP A. LAMB
Hearing Examiner
•
EXAMINER'S RECOMMENDATION - 14
Lonny and Joanne Carr
HE #IU98 -2 -14
•
BUSINESS OF THE CITY COUNCIL
• YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No, / '7
For Meeting Of Sept. 1. 1998
ITEM TITLE: Ordinance Adoption - Carr Rezone
SUBMITTED BY: William R. Cook, Director, Community & Economic Development
CONTACT PERSON/TELEPHONE: Bruce Benson, Associate Planner 575 -6042
SUMMARY EXPLANATION:
BACKGROUND
On August 4, 1998, the City Council voted to accept the Hearing Examiner's
recommendation to rezone the property at 702 S 48th Avenue from R -1, Single Family
Residential to B -2, Local Business. Additionally, the Hearing Examiner recommended
approval of the applicant's Class (2) request to operate a mobile home repair
business. These recommendations were made subject to the terms and conditions of
a Development Agreement that would require Class (3) review for any future land use
proposals at this site.
Staff met with the applicant on August 14, 1998, after learning that the applicant's
business is not limited to mobile home repairs, but instead operates as a general
building contracting business. At this meeting it was also disclosed that the applicant
did not fully understand the restrictions on future land use that are associated with this
action and therefore the applicant may want to revisit these limitations. Consequently,
the Development Agreement has been prepared to reflect a change in use to permit a
general contracting business, but otherwise remains consistent with the Hearing
Examiner's recommendation that requires Class (3) review for all other future B -2
uses. Attached for your action is the Rezone Ordinance that will effect this zoning
change.
Resolution _ Ordinance X Contract _ Other (Specify) Development Agreement
Funding Source
i
APPROVAL FOR SUBMITTAL: 1 . ► _
City V - nager
STAFF RECOMMENDATION: Adopt Ordinance.
BOARD RECOMMENDATION: Hearing Examiner recommended approval of this
° rezone on July 1, 1998.
411 COUNCIL ACTION:
4111 CITY OF YAKI A, WASHINGTON
AUGUST 4, 1998
BUSINESS MEETING
•
1. ROLL CALL
The City Council met in session on this date at 2:00 p.m.,
in the Council Chambers of City Hall, Yakima, Washington,
Mayor John Puccinelli, presiding. Council Members Clarence
Barnett, Henry Beauchamp (present after 2:03 p.m.), Lynn
Buchanan, John Klingele, Mary Place, and Bernard Sims
present on roll call. City Manager Zais, City Attorney
Paolella, and City Clerk Roberts also present.
2. INVOCATION /PLEDGE OF ALLEGIANCE
Mayor Puccinelli gave an Invocation, followed by the - Pledge
of Allegiance led by Council Member Place.
3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
A. PROCLAMATIONS (IF APPLICABLE)
Council Member Buchanan read a Proclamation declaring the
week of August 9 -15, 1998 as National Truck Drivers
Appreciation Week.
4. CONSENT AGENDA
Mayor Puccinelli referred to the items placed on the
Consent Agenda, questioning whether there were any
additions or deletions from either Council members or
citizens present. It was the consensus of the Council to
remove Item No. 16 from the agenda and to add Item No. 21
to the Consent Agenda. The City Clerk then read the
consent Agenda items, including resolutions and ordinances
by title. It was MOVED BY SIMS, SECONDED BY BUCHANAN, THAT
THE CONSENT AGENDA, AS READ, BE ADOPTED. The motion
carried by unanimous roll call vote. (Subsequent
paragraphs preceded by an asterisk ( *) indicate items on
the Consent Agenda handled under one motion without further
discussion.)
*5. APPROVAL OF MINUTES OF THE MAY 5 AND 12 AND JUNE 23, 1998
ADJOURNED MEETINGS AND JULY 21, 1998 BUSINESS MEETING
The minutes of the May 5 and 12, and June 23, 1998
Adjourned meetings and the July 21, 1998 Business meeting
were approved, having been duly certified accurate by two
AIL
Council members and no one present wishing to have said
minutes read publicly.
AUGUST 4, 1998
6. YARD OF THE MONTH RECOGNITION
Following a video showing the yards of the month,
certificates were presented to the following Yard -of - the
Month recipients:
Zone 1, Northwest: Les and Donna Pieti, 9 North 34 Avenue
Zone 2, Northeast: Jackie Kukes, 1406 McKinley Avenue
Zone 3, Southwest: Joe Murillo, 4707 Cowden Place
Zone 4, Southeast: Suzie Saxton, 501 West Pierce Street
7. PUBLIC HEARING TO CONSIDER ORDINANCE ESTABLISHING GROWTH
MANAGEMENT COMPREHENSIVE PLAN DEVELOPMENT REGULATIONS ON AN
INTERIM' BASIS (CONTINUED FROM 7/21/98)
This being the time set for the continued public hearing,
Assistant City Attorney Peterson stated that the comments
from the previous Council meeting were assimilated into the
revised ordinance. The Mayor opened the hearing for public
testimony. Bob Young, Central Washington Home Builders
Association, submitted and reviewed, his written testimony
with the Council. The Association is in favor of this
version of the interim ordinance; however, the Association
encourages the Council to adopt a final ordinance. There
being no other citizen wishing to speak to this issue, the
public hearing was closed. Ordinance No. 98 -29 having been
read by title, it was MOVED BY BUCHANAN, SECONDED BY SIMS,
TO PASS THE ORDINANCE. The motion carried by 5 -2 roll call
vote; Barnett and Puccinelli voting nay.
ORDINANCE NO. 98 -29, AN ORDINANCE concerning land use
regulation under the state Growth Management Act, and
providing, on an interim basis, that land use and
development proposals shall be reviewed and decided
according to existing development regulations, subject to
their consistency with and implementation of the Yakima
Urban Area Comprehensive Plan, which was enacted on
April 1, 1997, as §1.42.070 Yakima Municipal Code.
8. PUBLIC HEARING TO CONSIDER DEVELOPMENT AGREEMENT FOR REZONE
OF PROPERTY AT 2108, 2110 AND 2202 WEST LINCOLN AVENUE
(REQUESTED BY FREDERICK SARTRAM, RODNEY TRAVIS AND MILDRED SONSALLA)
(CONTINUED FROM 7/7/98)
This being the ,time set for the continuation of the public
hearing on the development agreement for the rezone of
property at 2108, 2110 and 2202 West Lincoln Avenue, Bruce
Benson, Associate Planner, reviewed the rezone request and
the issue of the requested building height restriction by
Mr. Bartram's neighbors. He stated that a meeting was held
to try to reach a compromise between the permitted 50 - foot
building height and the requested 20 -foot building height.
No compromise was achieved during this meeting. He stated
staff recommends approval of the rezone and direct the
Legal Department to prepare the appropriate legislation for
2
AUGUST 4, 1998
4 11 0
din a development agreement. The
the rezone including P
development agreement would require that all parcels in
this rezone be subject to an exit agreement so vehicles
don't back out onto Lincoln Avenue, and to allow the clock
business. Staff is not recommending a limitation of the
building height. There was discussion about the letter
from Mr. and Mrs. Gorman indicating that a compromise of a
35 -foot building height is acceptable. Mayor Puccinelli
opened the meeting for public testimony. Tom Edwards,
neighbor adjacent to the south, stated his property has a
direct view of the three properties proposed for rezone,
while Mr. Gorman's property abuts to a small portion of one
of the applicant's property. He spoke about the loss of
view and privacy if anything above 20 feet were built on
Mr. Bartram'S lot. He informed Council that most of the
buildings along Lincoln Avenue are under 15 feet in height,
excluding the apartment complex which is 21 feet high
including the pitched roof. He reported that the Bartram
property is three feet above the ditch, whereas the other
two properties are either level with the ditch or three
feet below the ditch. Following discussion regarding the
requested building height limitation, it was MOVED BY
BARNETT, SECONDED BY KLINGELE, TO ACCEPT THE STAFF
RECOMMENDATION. The staff recommendation is to not alter
the 50 -foot building height allowed in the R -3 and B -1 •
zones. The question was called ' ,for a vote on the motion.
The motion failed by 1 -6 voice vote; Beauchamp, Buchanan,
Klingele, Place, Puccinelli and Sims voting nay. It was
MOVED BY BARNETT, SECONDED BY SIMS, TO ACCEPT THE STAFF
RECOMMENDATION, WITH A BUILDING HEIGHT OF 20 FEET. Mayor
Puccinelli hesitated to take this action without
Mr. Bartram being present. The staff recommendation in the
motion was clarified. The passage of the motion will
approve the rezone and direct the legal department to
return with legislation to approve a development agreement
to permit a clock business at that location, require the
traffic maneuvering for all properties' involved to be on-
.
site, and place a 20 -foot building height restriction
measuring from the present property grade. The question
was called for a vote on the motion. The motion carried by
6 -1 voice vote; Klingele voting nay. It was MOVED BY
BARNETT, SECONDED BY SIMS, TO APPROVE THE REZONE REQUEST
SUBJECT TO THE DEVELOPMENT AGREEMENT. The motion carried
.by , unanimous voice vote.
(See discussion under Item No. 11)
• 9. PUBLIC MEETING TO CONSIDER THE HEARING EXAMINER
RECOMMENDATION ON REZONE OF PROPERTY AT 3905 SUMMITVIEW
AVENUE REQUESTED BY KENNETH KELLER (PLEASE BRING MATERIAL
PREVIOUSLY DISTRIBUTED)
Dan Valoff, Associate Planner, commented that this is an
application for a single parcel rezone from R -3 to B -1.
3 •
AUGUST 4, 1998
The property currently has a single - family home on it. The
applicant indicates he does not have development plans at
4 1/ 1
this time, but would like to rezone it for future
development such as professional offices. The Hearing
Examiner and staff recommend that legislation be prepared
to approve the rezone. Council Member Place commented that
she hopes that any future development would recognize the
problem of traffic turning left into the development.
Mayor Puccinelli opened the public meeting for citizen
comments. Ken Keller, 412 North 62 Avenue, stated his
intentions for his inherited property, which is to
rehabilitate the home for small business use and remove the
garage to allow for a parking area. The driveway will
circle the building so vehicles will not'have to back onto
Summitview Avenue. There being no other citizen wishing to
address this issue, the public meeting was closed. It was
MOVED BY SIMS, SECONDED BY BEAUCHAMP, TO APPROVE THE
HEARING EXAMINER RECOMMENDATION TO REZONE THE PROPERTY, AND
ASK STAFF TO BRING BACK LEGISLATION. The motion carried by
unanimous voice vote.
10. PUBLIC MEETING TO CONSIDER THE HEARING EXAMINER
RECOMMENDATION ON REZONE OF PROPERTY AT 702 SOUTH 48
AVENUE REQUESTED BY LONNY AND JOANNE CARR (PLEASE BRING
MATERIAL PREVIOUSLY DISTRIBUTED)
This being the time set for the public meeting, Bruce
Benson, Associate Planner, explained the circumstances
which led to the request to rezone this property from R -1
to B -2. In March 1997, the applicant applied for a
building permit for a garage for vehicle storage and for
hobby purposes. In February 1998, a consultant contacted
the City about a client's business that did not conform to
the current zoning. Although the staff recommendation is
that a B -2 use is not compatible with the adjacent R -1
zone, the Hearing Examiner's recommendation is to approve
the rezone. Council Member Klingele stated this rezone
would be an extension of the B -2 zone that goes towards
Tieton Drive. Mayor Puccinelli opened the public meeting
for citizen testimony. Lonny Carr, applicant, stated once
the business started, it boomed, and he now employees ten
people. Council Member Place verified that the employees
don't work in the garage; it is used for storage of
equipment. Mr. Carr stated that is correct, except that
the business office was moved from the home into this
garage. Mayor Puccinelli referenced staff's concerns and
asked Mr. Carr if he would accept a restriction in the
rezone that he could continue his business at this
location; however, he could not sell the property for other
business purposes. Mr. Carr stated it was his belief that
that type 'of restriction is included in the Hearing
Examiner's recommendation. Council Member Place stated
that any change in use would require a Class 3 review.
Council Member Sims stated that attaching different •
conditions to rezones might lengthen the application
4
AUGUST 4, 1998 .
• process in the future. Following discussion about the
restriction recommended by the Hearing Examiner, it was
MOVED BY SIMS, SECONDED BY BARNETT, TO ACCEPT THE HEARING
EXAMINER RECOMMENDATION FOR REZONE, WITH TEE PROPOSED
CONDITIONS. The motion carried by 6 -1 voice. vote; Klingele
voting nay.
11. AUDIENCE PARTICIPATION
There was no citizen wishing to address any item not on the
agenda; however, Mr. Bertram was now present and stated he
was not notified that his rezone application would be on
the agenda today. He was advised that Council had voted to
rezone the property to allow the clock business, and to
restrict the building height to 20 feet. Mr. Bartram noted
his _present building is 22 feet above street grade. He
wants to add a weather vane and cupola to his building
which this restriction won't allow. He stated he is not
sure he wants to, proceed with the rezone with this
condition attached. Assistant City Attorney Peterson
outlined Mr. Bartram's options: 1) withdraw his rezone
application, 2) file an appeal against the Council's
decision to Superior Court or, 3) not sign the development
agreement. If the documents weren't signed, the status quo
would continue. Council requested staff to inform
Mr. Bartram in writing about the Council's decision,
i Mr. Bartram's options, and the consequences of his options.
The clock business cannot continue in that location if the
zoning is not changed.
12. CONSIDERATION OF RESOLUTION REGARDING HAZARDOUS DEBRIS AND
ABATEMENT PROGRAM
Leonard Hall, Code Administration Manager, asked that 708
South 5th Avenue and 1023 South 32" Avenue be removed from
the violation list because those properties have been
cleaned. After determining that none of the citizens on
the list were present to speak to this issue, and
Resolution No. R -.98 -114, having been read by title, it was
MOVED BY BUCHANAN, SECONDED BY SIMS, TO ADOPT THE
RESOLUTION. The motion carried by. unanimous roll call
vote.
RESOLUTION NO. R -98 -114, A RESOLUTION authorizing the Code
Administration Manager to clear certain weedy lots.
13. REPORT FROM CITY COUNCIL TRANSIT COMMITTEE REGARDING
CITIZENS COMMITTEE RECOMMENDATIONS:
A. SET DATE OF PUBLIC HEARING FOR SEPTEMBER 1,1998
Bill Schultz, Transit Manager, reviewed the staff report
• requesting that a date for public hearing be scheduled and
to authorize execution of a professional services agreement
5
AUGUST 4, 1998
to assist staff in preparation of implementing a modified
Dial -A -Ride -client eligibility process. Following the
consultant's recommendation, staff deleted the names of
clients no longer utilizing Dial -A -Ride services, resulting
in 'a 40% reduction of the client list. A recertification
process will continue. Discussion ensued about the timing
of the hearing to allow citizens an opportunity to give
their input. It was suggested that the proposed study
session on August 18 be videotaped and be available at the
Library. It was also noted that one disadvantage of
holding an evening hearing is that transit service is not
available in the evening. Council Member Place urged staff
to utilize all means to advertise the hearing, including
announcements on the utility bills and on the transit
buses. She was advised that because of the two -month
utility billing cycle, there isn't sufficient time to
notify customers about the September 1, 1998 hearing.
Aileen Kane, 701 South 14" Avenue, co- founder of Transit
Yes, urged Council to schedule the hearing in the early
evening. She stated the transit users would find
alternative transportation to attend the hearing. Bruce
Smith, Transit Task Force member, urged Council to hire the
consultant. Mr. Schultz stated that Mr. Bryan from Novaeon
is present to respond to any questions Council may have.
Council Member Sims. suggested that the hearing be the last
item on the agenda and be continued at 6:00 p.m. It was
MOVED BY BUCHANAN, SECONDED BY BARNETT, TO SET A DATE OF
PUBLIC HEARING FOR SEPTEMBER 1, 1998 AND CONTINUE THAT
410
PUBLIC HEARING INTO THE EVENING. The motion carried by
unanimous voice vote.
B. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
PROFESSIONAL SERVICES CONTRACT WITH NOVAEON REGARDING
DIAL -A -RIDE CLIENT ELIGIBILITY PROCESS
Resolution NO. R -98 -115 having been read by title, it was
MOVED BY BUCHANAN, SECONDED BY KLINGELE, TO ADOPT THE
RESOLUTION. The motion. carried by unanimous roll call
vote.
RESOLUTION .NO. R - 98 - 115, A RESOLUTION authorizing and
directing the City Manager and the City Clerk of the City
of Yakima to execute a professional services agreement with
Novaeon to assist with the development of a Paratransit
eligibility certification process.
*14. CONSIDERATION OF RESOLUTION AUTHORIZING' EXECUTION OF
CONTRACT FOR ARCHITECTURAL SERVICES WITH WARDELL ASSOCIATES
TO DEVELOP AND OVERSEE CONSTRUCTION OF THE FORMER BUTLER
BUILDING
RESOLUTION NO. R - 98 - 116, A RESOLUTION authorizing and
directing the City Manager and the City Clerk of the City
of Yakima to execute an architectural services agreement
6
AUGUST 4, 1998
• with Wardell Associates, P.S. to develop specifications for
and oversee construction activities regarding certain
demolition and improvement work to the Butler Building, 200
block, South Second Street, Yakima, Washington.
*15. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
AGREEMENT WITH CHARRON COMPANY FOR BENEFICIAL UTILIZATION
OF WASTEWATER TREATMENT PLANT BIOSOLIDS
RESOLUTION NO. R - 98 - 117, A RESOLUTION authorizing the
renewal of a contract with Charron Company, Inc. for
utilization of Wastewater Treatment Plant biosolids.
16. CONSIDERATION OF RESOLUTION AUTHORIZING AMENDMENT TO SOUTH
BROADWAY SEWER INTERCEPTOR WITH UNION GAP
This item was removed from the Agenda.
*17. APPROVAL OF QUARTERLY REPORT FOR NEIGHBORHOOD IMPROVEMENT
PROJECTS AND COMMUNITY HOUSING DEVELOPMENT ORGANIZATION
The quarterly reports from the Asociacion de Barrios
Hispanos, Yakima Housing Authority Resident Council, YWCA,
and South East Neighborhood Improvement Committee were
approved and accepted.
The status reports from the Yakima County Coalition for the
Homeless Transitional Housing Duplex and for the Washington
Association of Minority Entrepreneurs, Inc., Predevelopment
Loan were accepted.
*18. APPROVAL OF FINAL CONTRACT PAYMENT FOR TAMARACK LIFT
STATION IMPROVEMENT PROJECT (STANDARD MOTION V -B) :
The report from the consultant engineer, Gray & Osborne,
Inc., dated May 26, 1998, with respect to the completion of
the work on the Tamarack Lift Station Improvements project,
performed by Mountain States Construction Company, was
approved, the work accepted and payment of the final
estimates as therein set forth was authorized.
*19. APPROVAL OF FIRST AND SECOND QUARTERS 1998 ACCOUNTS
RECEIVABLE REPORT
The First and Second Quarters 1998 Accounts Receivable
Report was accepted.
*20. APPROVAL OF SECOND QUARTER 1998 TREASURY REPORT
The Second Quarter 1998'Treasury Report was accepted.
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AUGUST 4, 1998
*21. CONSIDERATION OF ORDINANCE AUTHORIZING TRANSFER OF
FRANCHISE FROM TCI TO FALCON, INC.
4 11 0
ORDINANCE NO. 98 -30, AN ORDINANCE relating to the cable
communications franchise granted to TCI Cablevision of
Yakima Inc.; and approving transfer of the cable
communications franchise, as granted under City of Yakima
Cable Television Franchise Ordinance No. 93 -115, from TCI
Cablevision of Yakima, Inc. to a limited partnership of
affiliates of TCI Cablevision of Yakima, Inc. and Falcon
Holding Group, L.P., to be known as Falcon Communications,
L.P.
22. CONSIDERATION OF ORDINANCE AUTHORIZING ISSUANCE AND SALE OF
GENERAL REVENUE BONDS AND REFUNDING BONDS FOR WATER
IMPROVEMENT PROJECTS
Mayor Puccinelli stated he wanted to assure the citizens
that there would be no new rate increase due to this bond.
The previous rate increase included these projects. Dueane
Calvin, Water and Irrigation Manager, reported that these
projects were part of the 1996 Cost of Service. and a rate
increase for these projects is not necessary at this time.
City Manager Zais commented that some of the older bonds
issued at higher interest rates would be refinanced,
resulting in an anticipated savings of $400,000. Ordinance
No. 98 -31 having been read by title, it was MOVED BY
BUCHANAN, SECONDED BY SIMS, TO PASS THE ORDINANCE. The
410
motion carried by unanimous roll call vote.
ORDINANCE NO. 98 - 31, AN ORDINANCE of the City of Yakima,
Washington, authorizing the issuance and sale of water and
sewer revenue and refunding bonds of the City in the
aggregate principal amount of not to exceed $8,300,000,
including such bonds in the principal amount of $3,470,000
to pay the costs of financing capital improvements to the
water and sewerage system and the costs of issuance, and
such bonds in the principal amount of $4,830,000 to refund
certain outstanding water and sewer revenue bonds; fixing
the date, form, terms, maturities and covenants and terms
under which the City may issue future' water and sewer
revenue bonds on a parity with such bonds.
*23. CONSIDERATION OF ORDINANCE AMENDING THE MUNICIPAL CODE
RELATING TO CRIMINAL ACTIVITIES
ORDINANCE NO. 98 -32, AN ORDINANCE relating to public safety
and morals; amending the City of Yakima Criminal Code to
prohibit Unlawful harboring of a Minor and computer
trespass, prohibiting as infractions selling or giving drug
paraphernalia and purchasing or obtaining tobacco by
persons under eighteen, increasing the penalties for
furnishing alcohol to minors and being a minor in
possession of alcohol, making clerical corrections and
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AUGUST 4, 1998
110 enacting new sections 6.04.100, 6.08.025, 6.12.160 and
6.47.060; amending titles. of chapter 6.12 and 6.48;
recodifying section 6.04.450 as section 6.48.050; amending
and recodifying section 6.04.172; amending sections
• 6.12.040, 6.45.070 and 6.68.010; and repealing sections
6.12.080, 6.28.010, 6.28.060 and 6.45.110, all of the City
of Yakima Municipal Code.
*24. CONSIDERATION OF ORDINANCE AMENDING THE CLASSIFICATION AND
COMPENSATION PLAN TO CHANGE. TITLES FOR CERTAIN POSITIONS
ORDINANCE NO. 98 - 33, AN ORDINANCE relating to City
personnel; adopting a classification and compensation plan
for City employees to be effective September 6, 1998;
amending Subsections 2.20.100 A, 2.20:100 B, 2.20.100 C,
2.20.100 D, 2.20.100 E, 2.20.110 A, 2.20.110 G, and
2.20.110 H, all of the City of Yakima Municipal Code.
*25. CONSIDERATION OF LEGISLATION RELATING TO POLICE VACATION
LEAVE ACCRUAL:
A. ORDINANCE AMENDING THE MUNICIPAL CODE RELATING TO
PUBLIC SAFETY PERSONNEL
ORDINANCE NO. 98 - 34, AN ORDINANCE relating to personnel;
providing compensation under limited circumstances to the
• chief of the fire department and the chief, captains and •
lieutenants of the police department for vacation leave
accrued in excess of the maximum vacation leave accrual
amount under Section 2.40.020 of the Yakima Municipal Code;
and amending Subsection B of Section 2.40.020 of the City
of Yakima Municipal Code.
B. RESOLUTION AMENDING THE 1998 COLLECTIVE BARGAINING
AGREEMENT WITH YAKIMA POLICE PATROLMAN'S ASSOCIATION
RESOLUTION NO. R - 98 - 118, A RESOLUTION authorizing the City
Manager and the City Clerk of the City of Yakima to execute
an amendment to the 1998 -2000 Collective Bargaining
Agreement for Yakima Police Patrolman's Association for the
purpose of modifying the vacation leave accrual program and
also authorizing compensation of police officers for excess
vacation leave balances in effect as of January 1, 1998.
*26. SECOND READING OF ORDINANCE AMENDING THE 1998 BUDGET AND
APPROPRIATING FUNDS FOR FIRE DEPARTMENT EMS PROGRAM
An Ordinance amending the 1998_budget and appropriating
funds for the .Fire Department EMS Program, previously having
been read by title only, was brought before the Council for
a second reading.
ORDINANCE NO. 98 - 35, AN ORDINANCE amending the 1998 budget
for the City of Yakima; and making an appropriation of
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AUGUST 4, 1998
51,200 in the 150 - Emergency Services Fund for expenditure
during 1998 to purchase trauma equipment.
*27. FIRST READING OF ORDINANCE AMENDING THE 1998 BUDGET AND
APPROPRIATING FUNDS FOR SKATE PARK DESIGN AND TEMPORARY
EMPLOYEES FOR CBD WEED AND LITTER CONTROL (NO FORMAL ACTION
REQUIRED AT THIS MEETING)
An Ordinance amending the '1998 budget and appropriating
funds for the design of a skate park and the hiring of
temporary employees for a weed and litter control project in
the Central Business District, having been read by title
only, was laid on the table for two weeks, until August 18,
1998.
*28. FIRST READING OF ORDINANCE AMENDING THE 1998 BUDGET AND
APPROPRIATING FUNDS FOR INSTALLATION OF POWER SUPPLIES TO
TREES ALONG YAKIMA AVENUE, PURCHASE OF TRAFFIC COUNTING
EQUIPMENT, AND MAINTENANCE OF YAKIMA AVENUE (NO FORMAL
ACTION REQUIRED AT THIS MEETING)
An Ordinance amending the 1998 budget and appropriating
funds for the installation of power supplies to trees along
Yakima Avenue, the purchase of traffic counting equipment,
and the maintenance of Yakima Avenue, previously having
been read by title only, was laid on the table for two
weeks, until August 18, 1998.
29. OTHER BUSINESS
It was MOVED BY SIMS, SECONDED BY BUCHANAN, TO APPOINT
STEVE FOSTER TO THE HOUSING AUTHORITY BOARD. The motion
carried by unanimous voice vote.
Mayor Puccinelli reminded Council that tonight several
National Night Out block parties will be held and
distributed National Night Out tee shirts provided for
Council.
Information Items:
Items of information provided to Council were: News Release
regarding paving construction project (Lincoln Avenue) for week of
August 3 -7, 1998. 7/31/98; Flyer on National Night Out Kick -
Off!!! (August 3, 1998); Flyer on Violence in the Backyard panel
presentation scheduled for August 4, 1998; Memorandum from Don
Skone regarding Regional Planning Commission GMA public Hearing
August 5, 1998. 7/16/98; Memo from Denise Nichols regarding Park
Commission Public Meetings. 7/29/98; Agenda for August 6, 1998
Downtown Area Redevelopment Committee meeting and minutes of its
July 2 1998 meeting; Agenda for July 30, 1998 Air Terminal Board •
meeting and minutes of its June 25, 1998 meeting; Agenda for the
July 29, 1998 Yakima District Board of health meeting and minutes
of its June 24, 1998 meeting; Agenda for the August 3, 1998
Regular Meeting of the Charter Civil Service and Police & Fire
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AUGUST 4, 1998
•
Civil Service Comnissions and Minutes from the July 6, 1998 Joint
Meeting;- City of Yakima Planning Division Assignments Pending as
of August 4, 1998; and The Voter; League of Women Voters
newsletter, August 1998.
30. EXECUTIVE SESSION REGARDING PROSPECTIVE LITIGATION
REGARDING I -82 PROJECT
City Manager Zais requested that property acquisition be
added as a topic of discussion. It was MOVED BY 1Q.INGELE,
SECONDED BY BUCHANAN, TO MOVE INTO EXECUTIVE SESSION FOR
THE PURPOSE OF DISCUSSING PROSPECTIVE LITIGATION AND
PROPERTY ACQUISITION, WITH ADJOURNMENT THEREAFTER TO
AUGUST 18, 1998 AT 7:30 A.M. The motion carried by
unanimous voice vote.
31. ADJOURNMENT TO AUGUST 18, 1998 AT 7:30 A.M. FOR ,FURTHER
DISCUSSION OF TRANSIT COMMITTEE RECOMMENDATIONS (LOCATION TO
BE ANNOUNCED)
Following the conclusion of the Executive Session, the
meeting adjourned at 4:10 p.m.
READ AND CERTIFIED ACCURATE BY: DATE
COUNCIL MEMBER
COUNCIL MEMBER DATE
ATTEST:
CITY CLERK JOHN PUCCINELLI, MAYOR
•
An audio and video tape of this meeting are available in the City Clerk's
Office
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