HomeMy WebLinkAbout10/22/1997 Adjourned Meeting 475
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CITY OF YAKIMA, WASHINGTON
OCTOBER 22, 1997 •
ADJOURNED 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 Lynn
Buchanan, presiding. Council Members Ernie Berger, John Puccinelli,
and Bernard Sims present on roll call. Council Members Clarence
Barnett, Henry Beauchamp, John Klingele absent and excused. City
Manager Zais, Assistant City Attorney Peterson, City Clerk Roberts,
and Deputy City Clerk Skovald also present.
Public Hearing on Appeal Filed by Belmont Area Residents of
Hearing Examiner Decision to Approve Yakima Orthopaedic & Fracture
Clinic Class 3 Application
Larry Peterson, Assistant City Attorney, provided a brief overview
relative to the Class 3 Review appeal process, indicating its closed
record nature and describing the quasi - judicial capacity of the
Council during this proceeding. Council Members disclosed exparte
contact which amounted to letters from the participants. There was
discussion about which letters were received before, during, and after
the Hearing Examiner's approval, as well as the appeal comment period
which ended August 29, 1997.
Vaughn McBride, Assistant Planner, outlined the Class 3 use
application, the Hearing Examiner's decision to conditionally approve
the proposal, and then summarized the five issues the appellants
listed in their application. Mr. McBride also listed the factors the
Hearing Examiner took into consideration when he rendered his decision
to approve the Class 3 use to utilize the property for business
offices. He pointed out that the Hearing Examiner determined the
proposed use will have less of an impact than uses permitted outright
in the R -3 zone. Mr. McBride also directed attention to two sets of
correspondence and denoted the significance of the material received
before the end of the comment period as opposed to the information
received after the comment period ended.
Mayor Buchanan opened the public meeting and invited the applicant to
comment.
James Carmody, 405 East Lincoln Avenue, representing Yakima
Orthopaedic & Fracture, feels his client did not have an opportunity
to respond and had conflicting schedules when the hearing was
continued. He argued against the appeal and questioned the
appropriateness of allowing correspondence received after the public
hearing to be considered. He feels that material should be considered
as new information. Mr. Carmody reviewed the specific conditions
outlined by the Hearing Examiner in his recommendation and described
how the applicant adhered to those conditions and applied them to the
project. He also directed attention to the Hearing Examiner's
determination that the proposed use would have less of an impact than
permitted uses in the R -3 Zoning district. Mr. Carmody requested the
Council give substantial weight and deference to the Hearing
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OCTOBER 22, 1997
Examiner's recommendation to conditionally approve. He urged the
Council to deny the appeal and support this application. He reserved
the opportunity to comment later.
There was discussion about information to be considered and how it
relates to open /closed record hearings.
Mayor Buchanan invited testimony from the neighborhood.
Steve Lathrop, 201 West 7th Street in Ellensburg, spoke on behalf of
the residents. He reiterated the roll of the Council in this
proceeding and feels additional facts may be necessary. Mr. Lathrop
directed attention to the similarity between a quasi - judicial
proceeding and a trial proceeding and noted several examples from the
Hearing Examiner's public hearing. He urged the Council to listen to
all comments and then discern. He also reserved time at the end for
additional comments.
There were numerous citizens who spoke and who feel the proposed land
use is incompatible and urged the Council to vote in favor of the
appeal. The following is a list of citizens who feel approval of the
applicant's request would cause a negative impact on property values;
would lead to business expansion in the neighborhood; would cause
additional traffic, would create traffic safety issues, and create an
unsafe atmosphere for children; would create an insufficient amount of
parking; would diminish quality of life and would change the character
of the neighborhood; would increase litter; would not comply with the
Comprehensive Plan, would not provide enough site screening; would not
be acceptable because of the middle of the block location, and
directed attention to past attempts at implementing an incompatible
land use: Joyce Wilder, 1504 Mt. Vernon Avenue; Cyndi Hovland, 1505
Belmont Avenue (submitted Exhibit No. 1, pictures); Frances DeBrille,
15 North 15th Avenue; Donald Armstrong, 17 North 15th Avenue; Juanita
Needham, 1514 Belmont Avenue; Dave Scofield, 1512 Belmont Avenue;
Florence Hay, 1716 South 18th Avenue, spoke on behalf of Beatrice
Williams at 1504 Belmont Avenue; John Kaluzny, 105 North 15th Avenue;
Mitch Hixon, 1502 Belmont Avenue; Brent Golob, 1501 Belmont Avenue;
Richard England, 1512 Mt. Vernon Avenue; Teresa Scofield, 1512 Belmont
Avenue; and Margaret Dawson, 1503 Belmont Avenue.
Steve Lathrop directed attention to the technical aspects of the
appeal process, in particular the City staff recommendation to deny
the application and the Hearing Examiner's contrary finding with
conditions. He feels the mitigating conditions from the Hearing
Examiner cannot be practically enforced which demonstrates
incompatible land use and described it as erosion starting in this
neighborhood.
James Carmody reiterated his objection to new information being
allowed and asked that only existing evidence be considered. He
pointed out that property rights should be the main focus and refuted
the traffic impacts complaint because the roads are adequate, and the
Hearing examiner did not recommend traffic mitigation measures. He
directed attention to R -3 zoning rights and limitations which allow
certain uses with appropriate site conditions. He again urged the
Council to uphold the Hearing Examiner's recommendation.
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Don Skone, Planning Manager, spoke to. the issue of zoning and the
apparent confusion within the neighborhood about how the proposed use
could affect the neighborhood. He explained the planning staff did
recommend denial of the proposed Class 3 use -- a recommendation made
before the application went to the Hearing Examiner and before the
neighborhood was heard from. Mr. Skone clarified the R -1 rezone
request from the neighborhood which is a separate action and will be
going to the Regional Planning Commission (RPC) in the near future.
There being no . one else wishing to comment, Mayor Buchanan closed the
public meeting.
After Council members discussed the issue and expressed their thoughts
about compatibility, citizen input, property location in the middle of
the block, the effect on property values, and the need to hold public
hearings before the Hearing Examiner in the evening, it was MOVED BY
BERGER, SECONDED BY PUCCINELLI, TO DENY THE HEARING EXAMINER'S
DECISION AND UPHOLD THE APPEAL. The motion carried by a 3 -1 roll call
vote; Sims voting nay; Barnett, Beauchamp, and Klingele absent. It
was MOVED BY PUCCINELLI, SECONDED BY BERGER, TO ADJOURN AT 8:55 P.M.
The motion carried by unanimous voice; Barnett, Beauchamp, and
Klingele absent.
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READ AND CERTIFIED ACCURATE BY: ` J",_ ! `_ t_
COUNCIL MEMB., DATE
4/4/ t
COUNCIL MEMBE DATE
ATTEST:
g i„), o of .
CITY CLERK /LYNN BICHAN47, MAYOR
Minutes prepared by Deputy City Clerk Skovald. An audio and video tape of this meeting are
available in the City Clerk's Office
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