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HomeMy WebLinkAbout11/03/1998 Adjourned Meeting 297 CITY OF YAKIMA, WASHINGTON NOVEMBER 3, 1998 ADJOURNED MEETING The City Council met in session on this date at 7:30 a.m., in the 2nd Floor Training Room, at the Police Station /Legal Center, 200 South 3 Street, Yakima, Washington. Mayor John Puccinelli, presiding, Council Members Henry Beauchamp, John Klingele, Mary Place, and Bernard Sims present on roll call. Council Members Clarence Barnett and Lynn Buchanan absent and excused. City Manager Zais; Assistant City Manager Rice; City Attorney Paolella; Chris Waarvick, Director of Public Works; Bill Cook, Director of Community & Economic Development; Don Skone, Planning Manager; Shelley Willson, Acting Streets & Traffic Operations Manager; Joan Davenport, Supervising Associate Planner; Larry Peterson, Assistant City Attorney; Marketa George Oliver, Administrative Assistant' to the City_ Manager; and Deputy City Clerk Skovald also present. Follow - Up Discussion On Growth Management Hearing Assistant City Manager Rice explained this meeting provides the Council an opportunity to evaluate public comments heard at the October 20, 1998 Joint Public Hearing. It was the consensus of the Council to review each Zoning and Future Land Use Map request and other public comments on proposed ordinances in the order listed in the staff summary. Part A: Zoning and Future Land Use Map Requests Don Skone, Planning Manager, provided an overview of the Central-Pre- Mix Site /Buchanan Lake area proposed zoning and land use designation changes. The Regional Planning Commission (RPC) has recommended that this area be zoned M -2, Heavy Industrial, and designated Industrial in the Comprehensive Plan. The Greenway Foundation has strongly objected to that recommendation and considers Industrial zoning to be incompatible with the Greenway Corridor. The staff recommendation is to retain the existing Suburban Residential (SR) zoning and Comprehensive Plan Professional Business land use designation. However, in view of recent public testimony and newspaper articles concerning a preference for hotel and recreational uses, a compromise has been offered. That proposal would be to zone the area Central Business District Support (CBDS), which would allow commercial uses of the property. Mayor Puccinelli asked both Bruce Buchanan, property owner of the Central Pre -Mix Site /Buchanan Lake area, and Cec Vogt, Executive Director of the Greenway, if the compromise proposal would be agreeable. Mr. Buchanan expressed interest in the compromise and wanted to review it further. He explained that although it has possibilities, he wants to reserve the right to retain the existing use. Ms. Vogt agreed with the compromise proposal. Council Member Beauchamp feels that if it was developed properly, the entire Greenway 298 ADJOURNED MEETING - NOVEMBER 3, 1998 Corridor would be ideal for various recreational business uses, such as restaurants and hotels. Mr. Skone directed attention to the Future Land Use Map and the Urban Area Zoning Map showing the location of the Central Pre -Mix Site /Buchanan Lake area. He explained that the City has adopted the Greenway Master Plan, which includes design standards for the Greenway. As a point of clarification Council Member Sims questioned whether the Central Pre -Mix area was ever designated Industrial under its special use permit. Mr. Skone explained the property is currently zoned Suburban Residential with a Shoreline Use Permit for gravel mining. There was a limited amount of discussion about private property rights, requests from special interest groups, and asserting jurisdiction when the public needs are greater. Directing attention to the Northeast Neighborhood Area, Mr. Skone provided a brief overview of the area's zoning and designated land uses as recommended by the RPC, which includes mostly R -1, Single Family Residential, and some R -2 and R -3. He reported that extensive deliberation and review took place, and City staff supports the RPC's recommendation, with possible changes taking place in the future. Lynne Kittelson spoke on behalf of the Northeast Neighborhood Association and objected to any moderate or high- density zoning or land use designation in this area. This would allow the neighborhood residents an opportunity to review any proposed development other than low density, single family housing. Ms. Kittelson feels this should apply to "I" Street and 10 Street where the streets are narrow and there are no sidewalks. She requested that neighborhood design standards, as proposed in their neighborhood plan, be considered for the Northeast Neighborhood Area. Mr. Skone described the location of the property situated in the floodplain, which is part of the Northeast Neighborhood area proposed to be zoned R -3, Multifamily Residential. He also reported that there are property owners who specifically want to retain the R -3 zoning in this neighborhood. Council Member Place questioned the advisability of R -3 zoning in a floodplain and requested additional review of this issue. Mr. Skone reported that a review is underway to raise the dike in the area, but whether that will be successful won't be known until later. Discussion continued about R -3 development and the project review process as they relate to development regulations. Ms. Kittelson reported some recent incidents which involved property damage and certain code violations on 10 Street. She feels that narrow streets, traffic congestion, and an already crowded neighborhood are contributing factors to these kinds of problems; she feels R -3 zoning in the "I" Street and 10 street areas will only make the situation worse. She asked whether the Council has to accept the RPC Zoning Map recommendations or can make changes. Council Member Beauchamp feels development standards would be a good idea for parking, landscaping, refuse and garbage service, as well as the appearance of the buildings. There was continued discussion about the downzoning request from R -3 to R -2. 2 299 ADJOURNED MEETING.- NOVEMBER 3, 1998 I ' I � Reviewing the request from Shields Complex, Don Skone pointed out that there is a mapping error between the existing zoning map and the recommended zoning map. Staff's recommendation is to restore M -2 zoning to the appropriate portion of the area to correct the error. However, Gene Shields has requested changing all of the property to M -2. Since this was not previously discussed by the RPC, this request will have to be made in the next GMA amendment cycle. Council Member Place noted that the owner needs to be aware that changes need to be requested concurrently to change zoning and to change the land use designation in the Comprehensive Plan. ' Mr. Skone explained that Jamie Carmody's comments at the public hearing were just reminders that a rezone is in process for the Mercy Riverside Mall area. That rezone application has been pending since 1996, .and the RPC declined to consider any change prior to the adoption of the 1997 Comprehensive Plan. Mr. Carmody also requested an exception be made regarding this property when considering Comprehensive Plan Land Use "consistency" in future zoning matters for this property. Referring to the request involving the area east of Fair Avenue and north of Pacific Avenue, Don Skone explained that there is no change in the recommended Central Business District Support (CBDS) proposed zoning and commercial land use designation. He directed Council's attention to a petition submitted by Verna Wilde supporting the RPC recommendations for zoning and Comprehensive Plan land use designations for the Fair Avenue area. Mr. Skone directed attention to the Nob Hill Auto Wrecking request to rebuild his business. He noted that this request was not previously discussed by the RPC, and it needs to go through the rezone process. Mr. Skone suggested that a nonconforming use permit application be submitted because the fire did not change their right to store cars on the property. Council Member Sims pointed out that the process needs to be explained to those who will request rezones. • There were no questions or discussion about the request for CBDS zoning and the Arterial Commercial designation for the area east of 16 Avenue from "I" Street to "J" Street. Requests 7,•9, 10, and 11 were not discussed because those properties are located in the County. Mr. Skone reported that the request for commercial designation for property located in the vicinity of the southeast corner of Summitview and 56 Avenues was not previously discussed by the RPC. The staff recommendation is to not change the zoning or Comprehensive Plan designation. On behalf of the property owner, Jamie Carmody had requested a commercial designation at this intersection since the other three corners are currently designated commercial. 3 300 ADJOURNED MEETING - NOVEMBER 3, 1998 Directing attention to the request from McGuire Lumber for property located at South 18 Street and East Mead Avenue, Don Skone indicated that staff supports the request and recommends modifying the zoning to M -1, Light Industrial, and the Comprehensive Plan land use designation to Industrial for all properties. The RPC discussed industrial use along Mead Avenue, but the proposed zoning and the proposed land use designation do not match. Part B: Public Comments on Proposed Ordinances Mr. Skone then reviewed the public comments about changes to various proposed ordinances. Beginning with new standards developed for mobile home parks, Mr. Skone explained that the 10 -foot separation standard is totally separate from the OSHA safety standard for workers. Joan Davenport provided copies of material about nonconforming uses and nonconforming structures with pictures of several examples of each term. Don Skone distributed copies of information about nonconforming buildings and uses from the late 1920s and the early 1930s. This information explains various concepts of dealing with nonconforming uses and buildings, including using discretion when making distinctions between the amount of destruction when wanting to totally rebuild or partially rebuild. The Council discussed Policy G2.4 as it relates to the following three issues: nonconforming uses and nonconforming structures, the 75% damage for reconstruction factor, and the proposed three -year medical extension language. Currently there are no regulations or restrictions on rebuilding a nonconforming structure if the costs don't exceed 75% of its latest value; however, the Hearing Examiner must approve reconstruction if the costs exceed 75 % 'of the value. There are currently no restrictions or standards on the medical exception for discontinuance of a nonconforming use or structure status. Mayor Puccinelli pointed out that insurance companies no longer want to write insurance and banks are hesitant to loan money on nonconforming uses and structures. This is why he is in favor of eliminating the 75% limitation. He also noted that a business that has to be rebuilt still has to meet current conditions, requirements, and standards. Council also discussed the small number of businesses in Yakima that • would be considered either a nonconforming use or a nonconforming structure. Don Skone explained that nonconforming uses are created when zoning changes occur. Mayor Puccinelli feels Nob Hill Auto Wrecking should not have to go through a public hearing process because the business has been there 4 30 1 ADJOURNED MEETING„ NOVEMBER 3, 1998 for a very long time. He indicated that many small businesses cannot afford to go through that expense, and it is not fair. Joan Davenport explained that a nonconforming use is a landuse not permitted within a particular zoning district. Next, a nonconforming structure means the building met all the standards when it was built, but because of adoption of current ordinances, the structure no longer conforms to new requirements. She provided pictures of businesses that are examples of nonconforming uses and structures located within the city. Nonconforming uses and nonconforming structures are currently treated the same currently and can be rebuilt according to current standards. Mayor Puccinelli feels it should be administratively decided that a property owner with an existing nonconforming use or structure should be granted the right to rebuild and then it should be determined how to rebuild. Ms. Davenport referred to a previous discussion about adding intent to abandon language to the Urban Area Zoning Ordinance (UAZO). Bill Cook, Director of Community and Economic Development, discussed the differences between the concept of intent to abandon and a reason for discontinuance. They are different terms with different meanings. There was discussion about the 75% damage factor to rebuild with several scenarios offered as examples. Standards need to be determined to regulate blighted conditions and eyesore situations. City Manager Zais noted that those types of situations would fit in the code revision process that is currently underway. The topic of discussion shifted to the issue of sidewalks. Included in Development Standards, the width of sidewalks and the location of sidewalks were extensively discussed. Copies were provided of suggested amendments to Section 12.06.040. City Manager Zais explained that these changes were proposed because of the ambiguity of the term facilities and whether the terms shall or may will be used. It was MOVED BY SIMS, SECONDED BY PLACE, THAT THE WORD "SHALL" WILL REPLACE THE WORD "MAY" IN SECTION 12.05.040, AND IN SECTION 12.05.20(A), RESIDENTIAL STREETS, THE MINIMUM SIDEWALK WIDTH FOR RESIDENTIAL STREETS WILL BE FIVE FEET. However, the Council did not vote on the motion. There was extensive discussion about who would pay for five -foot sidewalks, the requirement of dedication of property, and buying City right -of -way. It was also noted that sidewalks would not be required in areas that are .not completely developed and have unreasonable situations, such as retaining walls -- those areas would be exempt. Lynne Kittelson directed attention to two newly constructed houses built by Habitat for Humanity without sidewalks. She requested that sidewalks be put in. There was .discussion about that possibility since the property is in the Target Area. City Manager Zais indicated that, along with the RPC recommendations, staff would prepare a list of alternatives on sidewalks to reflect Council's proposals. There, was a considerable amount of discussion about Council Member Barnett's suggested • amendments to Section 12.06.040 concerning bicycle and pedestrian 5 v 5 302 ADJOURNED MEETING - NOVEMBER 3, 1998 facilities. It was the consensus of the Council members present that a period would be placed after the words collector streets, striking the rest of the sentence. It was also the consensus of the Council members present to request staff to prepare language to reflect the clarifications in 'addition to the RPC recommendations for the next public hearing. Also discussed was the necessity to eliminate the complete paragraph concerning minimum standards in Section 15.XX.500(B) for development permits applications included in the Critical Area Ordinance. Shelley Willson, Acting Streets and Traffic Operations Manager, reported that the definition for concurrency would be included in the Transportation Capacity Management Ordinance. In other related issues, Ms. Willson explained that she does not recommend a capacity reserve be included because future landuses were taken into consideration when the capacity issue was being defined. Ms. Willson does not recommend setting aside capacity because those factors will be addressed separately upon review per Council direction. There was also discussion about utilizing data from the Transportation' Traffic Model available through Yakima Valley Conference of Governments. The study session concluded at 9:30 a.m. after discussion about the effect 500 new homes in Terrace Heights will have on Yakima Avenue, and the need to consider future expansion of roadways in Yakima. • READ AND CERTIFIED ACCURATE BY: f - om 'G CIL MEMBER DATE i - ff — z' CO tTC EMBER DATE ATTEST: CITY CLERK ' JOHN PUCC1ELLI, MAYOR Minutes prepared by Deputy City Clerk Skovald. An audiotape of this meeting is available in the City Clerk's Office • 6