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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. 494 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 II/ 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 495 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? 496 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 - 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- 4 9 7 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 - DATE /9/ 00UNCIL i m R ATTEST: 6 CITY CLERK - MAYOR 498 Inadvertently left blank