HomeMy WebLinkAbout02/06/1985 Adjourned Meeting 493
FEBRUARY 6, 1985
URBAN AREA PLAN - ADJOURNED MEETING
The City Council and County Commissioners net in session on this date at
7:30 p.m. in the Convention Center for the purpose of holding a public
hearing on the proposed Yakima Urban Area Zoning Ordinance. County
Commissioners present were Chuck Klarich, Graham Tollefson, and Jim
Whiteside. Council members present were Mayor Barnett, Henry Beauchamp,
Pat Berndt, Lynn Buchanan, Jerry Foy and Jack Sparling. City staff
members City Manager Zais, Assistant City Manager Stouder, City Attorney
Andrews, Associate Planners Don Skone and Judd Black and Deputy City
Clerk Barbara Toney and Assistant Director of Yakima County Planning,
Mark Hinthorne were also in attendance. Mark Hinthorne read the
following correspondence regarding requests for zoning map changes into
the record: Frank Fitterer, 48th Avenue & Modesto, R -1 to R-2; John
Perez, 72nd Avenue & Nob Hill Blvd., R -1 to R -2; Larry Brader, two
parcels on the east side of Keys Road, from Suburban Residential to
Light Industrial; Marlene Beihl, 20th and "J" Street to Light
Industrial; Joe Krieger, south side of 43rd Avenue and Nob Hill Blvd.,
R -1 to R -2; James Street, three parcels east of 40th Avenue on Nob Hill
Blvd., R -1 -to B -2; Michael Macias, vicinity of 20th Avenue & "J" Street,
R -1 to Light Industrial; Gene Luisi, four parcels of land on the west
side of Keys Road, Suburban Residential to Light Industrial; Delmar
Pearson, a parcel in the vicinity of Fechter & 40th Avenue, R -1 to R -2;
and Carol Foster, property on the east side of Nob Hill Blvd. R -2 to
B -2.
Judd Black read the following requests into the record regarding
requests for zoning map changes; Mary Hersey, the area between "A" & "B"
Streets between the alleys of North 6th and North 8th Streets, R -3 to
CBDS; Joy Eminerson, 731 North 13th Avenue, R -2 to R -3; Ernest Falk,
vicinity of Hilltop Way & Scenic Drive, Suburban Residential to R -3;
Ralph Holbrook and F.N. Halverson, vicinity of 3rd Street and East "E"
Street, R -3 to B-1, William Dye, vicinity of Hill Blvd. and Cornell,
R -2 to Small Convenience Center (SCC); Gordon M. Spencer, 212 North 31st
Avenue, R -1 to R -2; J.E. Ackers, vicinity of 26th Avenue & Nob Hill
Blvd., R -2 to B -2; John Perez, vicinity of Lincoln & Clark, R -2 to
Central Business District Support (CBDS); Barbara Edwards, vicinity of
Spruce &. Union, R -1 to R -3; Edward & Betty Marshall, vicinity of 14th
Avenue and Mead, R -1 to R -2; Morris Stotsenberg, 2401 Nob Hill Blvd.,
remain B -2; Mr. & Mrs. Gerald Sessions, vicinity of Cornell & Nob Hill
Blvd., R -1 to Small Convenience Center (SCC); Marguerite L. Hackett,
vicinity of Cornell & Nob Hill Blvd., R -2 to B -2; Joe Kreiger, vicinity
of 38th & Nob Hill_Blvd., R -2 to B -2; John Kreiger, 8th Street & "D"
Street, R -3 to H.B. (Historical Business District); United Builders,
South 23rd Avenue & Nob Hill Blvd., R -2 to B-2; West Valley Nursing
Homes, vicinity of 35th Avenue & Tieton Drive, R -2 to R -3; West Valley
- Nursing Hanes, near Summitview & 40th Avenue, R -2 to R -3; West Valley
Nursing Hanes, vicinity of 40th & Summitview, Small Convenience Center
(SCC) to Professional Business District (B -1); Marvin E. Swainson, 4502
Viola Place, vicinity of 40th & Nob Hill Blvd., Professional Business
District (B -1) to Local Business District (B -2); Kenneth R. Pottenger,
7001 Alpine Way, Single Family Residential (R -1) to Central Business
District Support (CBDS) or Professional Business District (B-1); Herman
Seipp, vicinity of 24th & Nob Hill Blvd., R -2 to B-1; S.A. Roark & W.D.
Bohlke, vicinity of 38th Avenue & Tieton Drive, R -1 to R -2; Glen
Kreiger, (no location given) R -1 to R -3; George Kreiger, (no location
given), R -3 to R -2. Also read into the record was a letter from Pam
Aylmer of Preferred Realtors, stating her objection to the proposed
zoning ordinance. A letter from Larry Evans (regarding the proposed
change of property at 6210 Tieton) in support of the B -2 zoning was also
react into the record. Dora King submitted a letter opposing the
rezoning of a parcel of land at 614 Pickens Road which is owned by Larry
Evans. A letter from Darryl Paulsen, Operations Manager for Heath
Signs, opposing the requirements for the sign code was read into the
record.. A letter from J. Rand Elliott, also in regard to the sign code,
was read into the record.
Commissioner Klarich indicated there hasn't been any testimony heard on
amending the low density residential area from 5 to 6 units per acre.
He stated this issue needs to be addressed at this time rather than wait
until the last meeting.
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FEBRUARY 6, 1985
Clint Ford, 1009 North 1st Street, stated the plan does not contain
future flexibility for down-zoning or up-zoning. He stated the people
were not properly notified of the proposed zoning ordinance, and
thirdly, the various steps in the plan call for too long a period of
time for processing. He stated six months for approval is too long.
Mark Hinthorne indicated the timeframe varies with the different
requests. Class (1) takes fran one to three days, Class (2) review
takes fourteen to tv,enty -five or thirty days, and Class (3) review takes
fran sixty to 120 days. He indicated this is a much shorter timeframe
than the current process. Mr. Ford stated if a structure is destroyed
by 75%, a person would have to go through a hearing to determine if the
structure may be rebuilt. Mark Hintorne indicated he believes Mr. Ford
is referring to the section dealing with "non-conforming" uses. He
stated this is in the current City and County Ordinances. Mr. Ford
indicated he understands what Mr. Hinthorne is saying, however, he does
not feel this is the way the Ordinance reads.
Wes Henderson, 1907 West Nob Hill Blvd., questioned the flexibility of
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the ordinance once it is in force. Nob Hill Boulevard is primarily
commercial fran 16th Avenue to 40th Avenue. He indicated the property
in this area is mostly single-family residential or two-family
residential and his concern is Whether or not the realtors will be able
to acquire a zone change to facilitate the sale of the property in the
future. Commissioner Tollefson indicated staff would research this
question and have an answer for Mr. Henderson at a later meeting.
William Dye, 110 No. 40th Avenue, addressed his remarks to the City
Council. He indicated a desire to rezone two parcels of land at 711 and
713 West Nob Hill Boulevard from R-2 to Local Convenience Center, and
possibly a third parcel located at the northeast corner of 8th Avenue
and Nob Hill Blvd. He stated the addition of the last parcel would open
the door for the widening of 8th Avenue for a distance of 130 feet north
of Nob Hill Boulevard. At this point in time, due to the narrow width
of South 8th Avenue, it is necessary to almost stop before leaving Nob
Hill Boulevard to exit north onto 8th Avenue. He stated he is unable to
request a rezone on this parcel at this time due to the fact that the
property is under a semi-estate control with four children involved.
However he was able to contact one of the children, Bill DeGoyer, who is
in favor of the LCC designation. He indicated the request for widening
of 8th Avenue has been made with the knowledge and permission of Bill
Degoyer.
Joseph Fran, 4905 Viewland Drive, addressed his, comments to the
Commissioner, stating he would like to express opposition to the request
by Frank Fitterer to rezone property adjacent to Modesto fran R-1 to
R He indicated all of the property at that location is R-1, and they
wish to keep that zoning.
Fred Halverson, 415 N. 3rd Street, addressed his comments to the Council
members, and indicated he is representing Mrs. Marguerite L. Hackett and
Mr. & Mrs. Gerald Sessions. Mr. Halvorson submitted maps to the Council
and Commissioners depicting the property owned by Mrs. Hackett. The
property faces Nob Hill Boulevard on the south side and is located
between Cornell Avenue and South 7th Avenue. The property to the east
on Cornell Avenue and West Nob Hill Boulevard is zoned business for
about 210 feet. He requested a rezone from R-1 to SCC or B-2 on behalf
of Mrs. Hackett. Mr. & Mrs. Gerald Sessions also own property in the
immediate vicinity and desire the SCC or B-2 zoning.
Mr. Halverson also spoke regarding property located in the block between
2nd and ,3rd Streets, between "E" and "F" Streets. He stated this
property is owned by seven different individuals, and he is a member of
that corporation. He indicated there are fourteen different properties
involved in this particular rezone request, and they unanimously favor
of having the property rezoned from R-3 to B-1. He stated the area
currently contains multi-family units which are poorly constructed and
difficult to heat in the winter months rendering than uninhabitable. He
stated they recently had an opportunity to sell one of the properties
contingent upon the rezoning fran R-3 to B-1. He further stated the B-1
zoning mould enhance the Miller Park area due to the fact that the
parking lots of the business establishments could be used as parking
lots for Miller Park visitors. Mr. Halverson submitted pictures of the
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FEBRUARY 6, 1985
area to be marked as exhibits by the Planning staff. Council member
Carmichael pointed out to Mr. Halvorson that the pictures are not marked
with locations and requested be done to assist in identifying the
properties.
Mr. Ormund Fluegge, 412 So. 23rd Avenue, addreSsed his comments to
Council and the Department of Community & Economic Development. Mr.
Fluegge stated he awns Billington Builders Supply situated on a 236' x
145' lot facing Nob Hill Boulevard on the southeast intersection of 5th
Avenue and Nob Hill He stated they also have a 142' x 186'
lot facing Nob Hill Boulevard on the southwest intersection of 5th
Avenue and Nob Hill Boulevard, all of which is now zoned B-3. He
requested: Alternate A, which is SCC zoning, that setbacks and height
requirements be adjusted, and permitted uses to conform with B-3 zoning;
and Alternate B is to continue B-3 zoning as it now stands. Mr. Fluegge
submitted a letter to staff to be marked as an exhibit.
Mr. Frank L. Glaspy, Jr., 1200 Ahtanum Road, submitted written comments
regarding the administrative personnel, manufactured housing, the cost
of the City and County Planning budgets, and the comparison
of the HUD code with the Uniform Building Code. He stated he would
appreciate the Council's Commissioner's review of this material and
provide sane answers to his inquiries before the hearings conclude.
Bob Seward, Professional Land Surveyor, 205 North 4th Avenue, stated he
has some concerns with fairness of the lower priced housing units
between the higher priced housing units and the density factor. He
referred to the goals of the proposed ordinance, then presented drawings
and explained the meaning of these drawings. He suggested seven units
per net residential acre as a good compromise.
Joe Kreiger, 3803 W. Nob Hill Blvd., requested down zoning be given
consideration. He stated he has a strong feeling about this matter. He
indicated he is not in agreement with the ordinance which indicates a
duplex cannot be repaired in a R-1 zone, and further, that it cannot be
rebuilt if damage exceeds 75%. He feels it is unfair to take something
away - from the citizens without proper hotice, and he does not feel the
citizens are fully aware of the impact the ordinance- will have upon
their property.
Verna Beggs, 1204 East Spruce, addressed her comments to Council and
County Commissioners. She stated she .would like to be sure that the
property east of Fair Avenue, South of Yakima Avenue, north of Nob Hill
Boulevard and west of the freeway Is not considered part of southeast
Yakima. She stated she would like for the Ccmmissioners and Council to
consider the fact that the area she outlined is in a prime location for
future commercial development and it would behoove both the City and
County to look at this realistically. She indicated with the Convention
Center, the Fairgrounds, Yakima River Greenway, and Kiwanis Park nearby,
there is tremendous . activity in the area. She stated she has talked
with Dick Smith.and the Chamber is anxious to proceed in this direction.
Phis is one of the oldest parts of Yakima and she feels it would be too
costly to renovate the housing in the area. She urged Council and the
Commissioners to make some long range plans in this direction.
Pat Ball; 5305 West Lincoln, representing the League of Women Voters of
Yakima County, addressed her remarks to both agencies, stating they
applaud the idea of the Comprehensive Plan. She stated their concern is
that citizen participation in zoning decisions might be de-emphasized.
She reiterated the need to establish R-1 zoning in the southeast area
and urged the passage of the ordinance at the earliest date.
Larry Mathews, 805 S. 17th Avenue, presented reference material to the
planning staff for a matter of record. Mr. Mathews indicated the
drastic change of zoning is the matter with which he is concerned. He
posed the following four questions to the Commissioners and Council
members:
(1) What is the reason for the extensive down zoning?
(2) Mat is the legal basis for turning over legislative
responsibilities to an administrative official acting in a
quasi-judicial manner with broad powers to make decisions for
both City and County without public hearings that effect the
property rights of all of us?
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FEBRUARY 6, 1985
(3) What is the appointing authority for the Administrative
Official? Who hires him or her?
(4) Is the proposed zoning ordinance compatible with existing
state laws and judicial decisions involving planning and land
use in reviewing and trying to make the two ordinances work
together?
In conclusion, he stated, as he sees it, "as this ordinance stands it
will be administered under the Council/Manager form of government with
the city government turning over its legislative duties to the city
bureaucrats through the extensive down zoning with the majority of land
uses determined by the review of the appointed bureaucrat."
Lee Campbell, 101 North 48th Avenue, stated he is in favor of the
proposed ordinance and the joint guidelines it represents. He stated
the processing time should be much shorter than in the past and
complimented the staff on the job they have done in developing the
ordinance..
Dolores Goodman, 1002: S. 6th Street, addressed her comments to the
'COuncil and Commissioners, - stating if the City is going to rezone the
northeast area for commercial or industrial purposes, she hopes the
residents are given a fair price for their property.
Helen White, 914 Pitcher Street, addressed her comments to Council and
the Commissioners. Mrs. White stated she would like for the entire
block between Pitcher Street and East Chestnut between South 9th Street
and South 10th Street be rezoned to CBD or Comnercial. Mayor Barnett
suggested that Mrs. White complete a form for rezoning request for
consideration by staff.
John Perez, Rt. 2, Box 591, Yakima, addressed his comments to both
entities. Mr. Perez requested that the CBD zoning be extended to the
1300 block of Lincoln. He indicated he has filled out a request for
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zone change and the information regarding the zone change request is on
the form. He regueSted another parcel in the West Valley area be
changed from R-1 to R-2 for the purpose of building duplexes with the
intent of catering to underpaid school teachers and semi-retired people.
Gordon Wbnder, 718 North 56th Avenue, addressed his remarks to Council
and Commissioners. Mr. Wbnder expressed concern for the many people in
the City and county whose property is being rezoned and do not realize
what is happening. He listed several classifications which need to be
given further consideration such as the area across the river which is
zoned suburban residential. He pointed out that the railroad track runs
through this - property, therefore, it should be zoned industrial
property. Another' example is a shopping center area which is zoned SCC
and is currently in the process of negotiating for a variety store to go
- on this property. A - variety store is not permitted as a Class (1) use
in that zone. A hardware store is anticipated for a B-1 zone, and this
would not be allowed if the B-1 zone is adopted in the new ordinance.
There currently is a restaurant and cocktail lounge where dancing will
not be allowed as a Class (1) use; a warehouse that will be a R-1 zone;
a manufacturing and canning and bottling plant that will be in a Central
Business Support zone, which a Class (1) use does not allow. He stated
the plan is too massive and urged the Council and Commissioners to give
the, public notice so citizens will be aware of what is happening.
Bill Hambeiton, 516 south 32nd Avenue, stated the citizens have not been
properly notified even though notice appeared in the Yakima Herald.
Commissioner Tollefson indicated the ordinance had also appeared in the
supplement of the Yakima Herald. Mr. Hambleton suggested if it appeared
in the "Extra" which is delivered to each residence in Yakima, more
citizens would be informed.
Maud Scott, resident of southeast Yakima, responded to a comment made by
Verna Beggs regarding Fairview Sumac not being a part of southeast
Yakima. She stated "neither are we part of Fairview Sumac". She
indicated that the concerns of - the property owners of the 700 block of
Spruce Street vary from those of the residents in the 1400 block of
Pitcher Street; Mrs. Scott stated if the property owners in that area
desire CEO zoning, they should be the persons responsible for making
this determination. She also indicated it is difficult to get citizens
interested in this issue. She and other neighbors have gone door-to-
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FEBRUARY 6, 1985
door in the past in an attempt to educate the people and were met with
indifferent and uncaring attitudes. Regarding the zoning in her
specific neighborhood, she stated it is the consensus of the
neighborhood that the zoning remain R-1, however, if the lot size is
compatible for a duplex, and it does not adversely impact the
neighborhood, then they might not have a concern.
Darryl Paulsen, 118 North 80th Avenue, indicated he had sent a letter
regarding the new sign code section of the ordinance to the Council and
the Commissioners requesting an opportunity to meet with staff and
explain why they believe the ordinance should be changed. Mr. Paulsen
indicated he had worked extensively with the City and County Planning
Department regarding this issue.
There being no further citizens present desiring to speak at this
hearing, it was MOVED by Carmichael, seconded by Foy, that this meeting
be adjourned at the hour of 9:30 p.m., to then meet again on February
20, 1985 at 7:30 p.m. at the Yakima Center. Unanimously carried by
voice vote.
It was MOVED by Whiteside, seconded by Klarich, that this meeting be
adjourned at the hour of 9:30 p.m., to then meet on February 20, 1985 at
7:30 p.m. at the Yakima Center. Un. hmously c.ri=0 by voice vo
READ AND CERTIFIED ACCURATE BY v , fild DATE (
COUNEI 1 mit
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00UNCIL i m R
ATTEST:
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CITY CLERK - MAYOR
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