HomeMy WebLinkAbout07/12/1999 Joint Public Hearing 34
CITY OF YAKIMA, WASHINGTON
JULY 12, 1999
JOINT CITY /COUNTY PUBLIC HEARING
The City Council met in session on this date at 2:00 p.m., in
Room 420 at the Yakima County Courthouse, 128 North Second Street,
Yakima, Washington. Mayor John Puccinelli was present along with
Council Members Clarence Barnett, John Klingele, Mary Place, and
Bernard Sims. Council Members Beauchamp and Buchanan were absent and
excused. Assistant City Attorney Peterson, Planning Manager Skone,
and Deputy City Clerk Skovald were also present. County Commissioners
present were Jim Lewis, Chairman; Bettie Ingham; and Jesse Palacios.
County staff members Dick Anderwald, Planning Director; Phil Hoge,
Planner; and Terry Austin, Deputy Prosecuting Attorney, were also
present.
Commissioner Lewis called the Joint Public Hearing to order to
consider the Terrace Heights Neighborhood Plan and the Terrace Heights
Zoning Map for accuracy in the vicinity of Polly Lane.
Phil Hoge, Yakima County Planner, clarified three issues originating
from the last hearing on June 29, 1999. Those issues concern the non-
vesting of Mr. Berger's proposal since no building permit application
was submitted; the existing Class (3) use for the Polly Lane
Apartments along with the proposed downzoning of that property from
R -3 to R -2; and the accuracy of the Terrace Heights Future Land Use
Map and concurrent Zoning Map. Mr. Hoge provided copies of a map of
the Polly Lane area to the officials. Commissioner Lewis described
the advisory role of the Council at this public hearing since Yakima
County has jurisdiction over development in Terrace Heights. He also
noted that this joint public hearing is an efficient use of government
resources.
Jim Lewis opened the public hearing and invited testimony from the
public.
John Ogan, 316 North 3 Street, legal counsel representing Art Berger
and his business interest, directed attention to the proposed
downzoning of two parcels of land belonging to his client. That
property is currently zoned R -3, Multi - Family Residential, and is
proposed to be rezoned R -2, Two - Family Residential. Mr. Ogan
reiterated his argument from. June 29, objecting to the proposed zoning
change. He described the location of the property on the map and
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showed how his client's property will serve as a buffer for adjacent
property proposed to be rezoned from R -1, Single- Family Residential,
to R -3, Multi - Family Residential. Mr. Ogan said he feels the
buffering provision between the R -1 and R -3 is an arbitrary issue
since there are no other buffers in this area. He asked for
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JULY 12, 1999 - JOINT CITY /COUNTY PUBLIC HEARING
clarification of the changes that make his client's property
incompatible with surrounding land uses. He feels compatibility
issues will turn into a problem if the zoning is changed from R -3.
Mr. Ogan also argued that his client was not informed about the
potential change in zoning. Commissioner Lewis noted that public
hearings were held on several different evenings in 1997, 1998, and
1999. Other property owners attended those meetings and his client
should have attended also. Mr. Ogan urged the Council to retain the
original zoning on Mr. Berger's parcels of land.
Council Member Sims requested clarification on the number of parcels
that are proposed to be rezoned and which parcels are currently zoned
R -1 and will be rezoned R -3. Commissioner Ingham directed attention
to the Terrace Heights community's desire to set long -range goals and
to develop standards to deal with future growth. The Board feels that
if the zoning does change then the level of review will increase.
Dick Anderwald, Director of Planning and Special Projects for Yakima
County, noted that the density of the Berger proposal is about 19
units per acre, and the R -3 zone is virtually unlimited (13 or more).
Mr. Anderwald explained his point being that traditional zoning was
very compartmentalized, and the densities have spilled over onto one
another. He briefly explained the three levels of zoning review, the
application procedures and development permit provisions, as well as
the appeal process to the appropriate legislative bodies. Class (1)
review is outright approval by the building official; Class (2)
review is an administrative review where the decision could be
appealed. Class (3) review requires a hearing before the Hearing
Examiner and notice will be sent to surrounding property owners.
Those neighbors will have an opportunity to comment on the proposed
development. It is not impossible for Mr. Berger to develop his
project if the property is zoned R -2, but it will have to undergo a
Class (3) review and buffering and other conditions will be determined
as part of that review process. Discussion continued concerning the
high level of review that high- density development requires.
Dorothy Warren, 314 Warren Acres Road, read a letter from the Terrace
Heights Improvement Association supporting the Terrace Heights
Neighborhood Plan and submitted it into the record as Exhibit No. 1.
Ms. Warren urged the officials to zone Mr. Berger's property R -2 as
indicated in the Neighborhood Plan. She also suggested several
conditions for the development as it relates to building height,
I/ , buffering, traffic mitigation, parking, and a "common area"
recreational provision.
George Steckler, 122 Warren Acres Road, read a letter from Jessica and
Richard Camp supporting the Neighborhood Plan and submitted it into
the record as Exhibit No. 2. Mr. Steckler then urged the officials to
approve the Neighborhood Plan as proposed.
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JULY 12, 1999 - JOINT CITY /COUNTY PUBLIC HEARING
Omer Gress, 309 South 41 Street, opposes any new high- density
development in this area because he feels land would be devalued if
that happened. He also read a letter opposing R -3 zoning and
submitted a petition, Exhibit No. 3, opposing R -3 zoning for property
in the vicinity of Polly Lane.
Ron Sisk, 2221 Rest Haven Road, suggested a secondary route be created
from Terrace Heights; from 33 rd Street to Butterfield Road, then to
the railroad tracts at Hartford Road, then under the freeway to
approximately "A" Street. He feels this issue should be considered to
address future growth from new development.
Jim Hendrick, 210 Warren Acres, said any high- density development in
the vicinity of Polly Lane would downgrade the value of other homes in
the area.
Howard Moore, who owns property adjacent to the Polly Lane Apartments,
noted transient, low- income families with problems are associated with
the Polly Lane Apartments. He didn't want any more high- density
multi - family residential apartments. He urged the Plan to be approved
as submitted.
Tim Eglin, 224 South 43 rd Street, stated he wants to protect his
property value and does not want high - density development next to his
property. He noted that the SEPA review indicated second story
buildings would block his Mount Rainier view.
John Ogan reiterated his concern about his client's property rights
and stated Mr. Berger is legally entitled to develop his property the
way it is today. He urged the officials to retain the existing
zoning. He noted that he feels the Polly Lane apartment problems do
not have anything to do with Mr. Berger's property rights.
Council Member Place asked for clarification about the current
rezoning procedure. Dick Anderwald explained the reasoning behind
trying to maintain commonality in the zoning text and in the maps, is
to make the initial process less cumbersome.
There was discussion about the legislative review process available
for appeal. Commissioner Ingham recognized the greater number of
hours spent on the Terrace Heights Neighborhood Plan which will be
used as a "test case" for other cases in the future. After reviewing
the material, she is in favor of the Urban Area Joint Board's
recommendation to approve the Neighborhood Plan along with the staff
• recommendations concerning Sun Country Mobile Home Park development in
the Hartford Road area and the development possibility available
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JULY 12, 1999 - JOINT CITY /COUNTY PUBLIC HEARING
•
through the Class (3) review process. Mayor Puccinelli agreed with
the 'adoption of the Terrace Heights Neighborhood Plan. After .
additional discussion about the community involvement and
participation in developing the Terrace Heights Plan, Commissioner
Lewis pointed out that the Class (3) review process would protect the
integrity of the neighborhood as well as Mr. Berger's property rights.
He directed staff to prepare the appropriate legislation to approve
the Terrace Heights Neighborhood Plan, with the changes as noted, and
the concurrent changes to the zoning map. Copies will be provided to
the Yakima City Council.
The Meeting adjourned at 3:20 p.m.
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READ AND CERTIFIED ACCURATE BY: %� i ��.. /K _� /
COUNCIL MEMBER / DATE
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COUNCIL M :`'B" DATE
ATTEST:
44 .A9- 1 "._ , U . s �C
CITY CLERK JOHN PUCCINELLI, MAYOR
Minutes prepared by Deputy City Clerk Skovald. An audiotape of this meeting is available in the
County Commissioners Office
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