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Home My WebLink About04/07/1998 Adjourned Meeting / Study Session 99 CITY OF YAKIMA, WASHINGTON APRIL 7, 1998 ADJOURNED MEETING - STUDY SESSION The City Council met in session on this date at 7:30 a.m., in the Second Floor Training Room, at the Police Station /Legal Center, 200 South 3 Street, Yakima, Washington. Mayor John Puccinelli, presiding, Council Members Clarence Barnett, *Lynn Buchanan, Henry Beauchamp, John Klingele (present after 7:45 a.m.), Mary Place, and Bernard Sims present on roll call. City Manager Zais, Assistant City Manager Rice, Assistant City Attorney Larry Peterson, Don Skone, Planning Manager, Joan Davenport, Supervising Associate Planner, and Deputy City Clerk Skovald also present. Mayor Puccinelli called the meeting to order and invited staff to outline the revisions to the Urban Area Zoning Ordinance and other GMA implementation elements. • Yakima Urban Area Zoning Map and Ordinance Changes (UAZO) Joan Davenport, Supervising Associate Planner, directed Council's attention to the redraft of the non - conforming uses provisions incorporating changes from the past two work sessions (March 16 and 31) with the City Council. All of the 75 percent threshold provisions have been eliminated, and, to make it easier to read, the strikeouts and underlines were left out of the redraft. Taking Yakima County's March 5, 1998 memorandum into account, this draft also represents a combination of changes, such as changing the existing 12 -month provision to three -years for application to reestablish, rebuild, or replace a nonconforming use or structure after damage has occurred. Mayor Puccinelli pointed out that this revision accurately reflects the Council's position and intent to replace the existing nonconforming provisions of the UAZO. The grandfather language will allow repair, renovation, or maintenance without regard to cost. 'It will also extend the time limitation for application to rebuild after litigation or insurance settlement. There was additional discussion about insurance coverage for I/ buildings with a nonconforming use. Mayor Puccinelli also pointed out that the grandfather language will not only protect the nonconforming use of the family business, but is designed to satisfy the bank for loans and insurance coverage. Mayor Puccinelli noted that there might be a difference between the City's and the County's provisions for the Urban Area. Council Member Barnett questioned why only part of the 75 percent threshold provisions had been eliminated in the County's proposal. He wondered whether this had been done in error. I ' *Includes Lynn Buchanan who was inadvertently left out of the minutes. 100 APRIL 7, 1998 ADJOURNED MEETING Next, there was discussion about establishing a nonconforming use. Before a change in zoning can take place, a complete application must be submitted showing details of a specific project. There was also discussion about the six -month period of time that a building permit is valid and can be extended another six months. Council Member Beauchamp expressed concern about whether certain businesses can be reestablished if a nonconforming use existed prior to a change in zoning. He asked what kind of provisions would be needed to deal with this type of situation. For the sake of clarity, Council Member Barnett provided an extensive explanation about the proposed changes. Although most of the nonconforming uses and structures provisions will remain the same, there will be a three -year timeline to resolve litigation or settle an insurance claim, instead of the current six -month provision. In addition, the 75 percent damage threshold (which requires a public hearing before the Hearing Examiner) will be eliminated from the various sections of the Nonconforming Uses and Structures Chapter 15.19 YMC. Council Member Sims described a scenario where there is a non- conforming use on a lot zoned R -3, but the owner does not build on it before the zoning is changed to R -1. Larry Peterson explained a specific use would have to be established and a complete detailed application submitted for "vesting" to apply. Responding to an inquiry from Council Member Sims, Joan Davenport explained a building permit is valid for six months and can be extended another six months. She pointed out that once a project is started it could proceed until the new zoning ordinance takes effect. Development Standards Directing attention to the sidewalk issue, Council Member Barnett explained the Homebuilders Association, neighborhood. groups, and others agreed upon the four -foot width for sidewalks on residential access streets. Seven feet is the sidewalk width agreed upon for arterials and collectors, and a 12 -foot sidewalk width is the standard agreed upon for sidewalks in commercial developments. Council Member Sims recalled the meeting Council Member Barnett referred to and explained the Bicycle /Pedestrian Committee withdrew its standards. Council Member Barnett commented that some of the policy statements were agreed to, such as the policy issue on sidewalks in residential and commercial areas. He feels that if that is to be changed then the Comprehensive Plan needs to be reopened, and Pam Aylmer, Bicycle /Pedestrian Committee member, needs to submit a minority report. There was discussion among Council members about whether 2 101 APRIL 7, 1998 ADJOURNED MEETING the request includes sidewalks on one side or both sides of a residential street. Mayor Puccinelli expressed concern and protested numerous times against a requirement for sidewalks that go nowhere. It was MOVED BY SIMS, SECONDED BY PLACE, TO REOPEN THE SIDEWALK PROVISION TO CONSIDER PUTTING SIDEWALKS ON BOTH SIDES OF RESIDENTIAL STREETS. There was continued discussion about the GMA amendment process, which requires all amendments to be reviewed at the same time, and the format needed to change the Comprehensive Plan. City Manager Zais distributed copies of a handout concerning sidewalks. Joan Davenport reviewed the upcoming meeting schedule for the Bicycle /Pedestrian Committee; Mr. Zais pointed out that the basis for revision for the draft Development Standards is based on the consensus of the Council. Mr. Zais also explained the proposed revisions would go back to the Regional Planning Commission for its recommendations, and then to the Council Committee, and then to the full City Council for consideration during a Joint Public Hearing with the Yakima County Commissioners. The question was called for a vote on the motion. The motion carried by a 4 -3 show -of- hands, Beauchamp, Buchanan, Place, and Sims voting aye. Fred French, City Engineer, described some of the construction difficulties associated with Americans with Disabilities Act (ADA) requirements for sidewalks. Also, Council Member Barnett asked if current ADA standards are required to be met when existing sidewalks are being repaired or replaced. Manhole Looping Discussion There was discussion about an apparent error in the criteria used to determine the radius for calculating the looping measurement for installing manholes in a cul -de -sac. Mayor Puccinelli feels the City Engineer should be given the discretion to resolve this type of situation. Also discussed were the width requirements and classification for 32 Avenue, as well as other topics including right -of -way boundaries, and curb standards. Latecomer's Agreements, transfer of property ownership, proper noticing requirements for subdivisions, and assessments for sewer and water improvements were also discussed and debated. Ms. Davenport reported that there are some very detailed requirements for Water and Sewer and other issues in the standard. Although there are no changes proposed at this time, there are plans to make changes and present them to the Council for consideration at some time in the future. City Manager Zais indicated that as the discussion occurs, corresponding sections of the Yakima Municipal Code would be amended to parallel any changes the Council directs. 3 102 APRIL 7, 1998 ADJOURNED MEETING • Other GMA Issues Council Member Barnett directed attention to the private property rights policy issue and asked if the Council will discuss those. Mayor Puccinelli pointed out that some situations concerning private property rights and nonconforming use issues are closely related. Mayor Puccinelli requested a committee be created to study and develop standards for manufactured home parks.. Private citizens and members of the industry should be included. There was a brief discussion about scheduling an upcoming Economic Development Committee meeting. City Manager Zais recapped the sequence for the next adjourned meeting for the Council, which will be April 21, 1998. Tentative topics for discussion to be included on that agenda will be the Sidewalk Minority Report, the Transportation Concurrency report outline, Regulatory Reform 1724 changes, Planned Development review, and SEPA amendment issues. Other Business Assistant City Manager Rice provided some 'material about the School Levy for consideration of Council support or opposition. There was discussion about whether to include this issue on the April 21, 1998 business meeting agenda. After polling the Council, four Council members were in favor of considering this issue during the business meeting. It was MOVED BY KLINGELE, SECONDED BY PUCCINELLI, TO ADJOURN THE MEETING AT 9:00 A.M. The motion carried by unanimous voice vote. // °3 —Pg READ AND CERTIFIED ACCURATE BY: � iLf� / 1 f IOUNCIL MIB / )ATE . *`, R . IFF PATE ATTEST: (; /1r. /J.��sfr.-,.,2�J CITY CLERK JOHN PUCCINELLI, MAYOR Minutes prepared by Deputy City Clerk Skovald. An audiotape of this meeting is available in the City Clerk's Office. 4