HomeMy WebLinkAbout10/05/2004 Adjourned Meeting 363
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CITY OF YAKIMA, WASHINGTON
ADJOURNED MEETING OF THE CITY COUNCIL
OCTOBER 5, 2004 - 7 :00 P.M.
COUNCIL CHAMBERS - CITY HALL
1. Roll Cali
Present:
Council: Mayor Paul George, presiding, Council Members Ron Bonlender,
Dave Edler, Neil McClure, Mary Place, and Bernard Sims
Staff: City Manager Zais and Acting City Clerk Watkins
Absent: Council Member Susan Whitman (absent and excused)
2. Closed Record Public Hearing on Hearing Examiner's recommendation on
rezone request for property located at the vicinity of W. Nob Hill
and 38 Avenue
Jeff Peters, Assistant Planner, explained a request by Gary Carnevali and Frank
Paganelli, dba Nob Hill Enterprises, to rezone two parcels, 9.8 acres in size
currently zoned Local Business (B -2) and Two - Family Residential (R -2) to Small
Convenience Center (SCC). The Hearing Examiner rendered his recommendation
on August 26, 2004. The application meets the Comprehensive Plan and zoning
ordinance requirements. The Planning Department recommends Council approve
the application and advise the Legal Department to prepare the appropriate
legislation.
Staff responded to Council's questions concerning this being a non - project rezone,
the Department of Ecology's lack of comment, and access to a section of the
property. Ken Harper, counsel for the city, explained that, per the Municipal Code,
the Council's options are to confirm or reject the Hearing Examiner's
recommendation. The option to remand is not available in a rezone.
Council had no exparte disclosure to declare.
One of the conditions in the Hearing Examiner's recommendation is for a six -foot
high sight screen /noise barrier. Bruce Benson, Planning Supervisor, explained
that, although this is a non - project rezone request, that condition is a requirement
for any commercial development. This condition is just a forewarning. Council
Member McClure expressed concern about a project getting under the SEPA
requirement. Ken Harper spoke about SEPA law and how projects cannot be
reviewed in segments and there are a lot of tools to make sure projects do not
OCTOBER 5, 2004 = ADJOURNED MEETING 3 6 9
evade review by being piecemeal. He commented that this is an uncomfortable
decision because it sets the stage for a project to come along without us knowing
what that project is. He assured them that SEPA is designed to handle that.
• Mayor George opened the public hearing
Mark Fickes, attorney for Mr. Carnevali and Mr. Paganelli, explained that this
request is to fix two problems. Of the 9.8 acres, 8 acres is already zoned for
commercial development, the remainder is R -2, which is inconsistent with
neighborhood commercial. This request, if approved, would change the property to
SCC, which is more flexible. The question before Council is whether they believe
thattthe uses allowed under the SCC zoning ordinance are appropriate for this
property. There are seven criteria that need to be met in order to approve the
rezone of the property. Mr. Fickes assured Council that criteria is met and, after
discussion on conditions 1 and 5, urged Council to approve the Hearing
r Examiner's recommendation.
Further discussion on the legal options of the Council ensued. Mr. Harper
emphasized again that the Council could affirm or reject the Hearing Examiner's
recommendation. Ifthey rejected it, they would have the opportunity to reach their
own findings. He clarified that if they agreed with 95% of the findings and wanted
to change 5 %, they must reject the recommendation.
Clarvine and John VanEpps, 3413 Clinton Way, said their back yard abuts the
property. They attended the first hearing and, with a non - project rezone, were not
satisfied that they would be protected. This prompted discussion on the Hearing
Examiner's condition for a six -foot view - obscuring wall made of concrete or similar
material. If the developer came forward with a project that didn't require that
condition, the neighbors would have an opportunity to address it. Stephen Busby,
1202 South 38 Avenue, asked for and received clarification that once the
rezoning is approved, the residents would have a chance to comment regarding
the impact on the neighborhood when a project comes forward. Ken Harper
clarified that if it was a Class 1 project, it could fall below SEPA and there may not
be an opportunity to comment on it. He then gave examples of Class 1 use, e.g. a
library, or a museum.
• Mayor George closed the public hearing
BONLENDER MOVED AND McCLURE SECONDED TO UPHOLD THE
HEARING EXAMINER'S RECOMMENDATION AND DIRECT STAFF TO
PREPARE THE APPROPRIATE LEGISLATION. The motion carried by a 5 -0 roll
call ;vote; Sims (temporarily) and Whitman absent.
Council Member Place asked staff to prepare a modification to Section 15.23.30 of
the Yakima Municipal Code clarifying the City Council's ability to affirm, reject, or
amend the hearing examiner's decisions.
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3.7 0 OCTOBER 5, 2004 — ADJOURNED MEETING
3. Adjournment
McCLURE MOVED AND EDLER SECONDED, TO ADJOURN TO OCTOBER 12,
2004 AT 5:00 P.M. FOR A SPECIAL MEETING IN THE COUNCIL CHAMBERS
PRESENTING THE 2004 PRELIMINARY BUDGET FORECAST; THEN TO 5:30
P.M. FOR A STUDY SESSION ON THE MORRIER HOTEL PROJECT. The
motion carried by unanimous voice vote; Whitman absent.
The meeting adjourned at 8:16 p.m.
READ AND CERTIFIED ACCURATE BY 11_ ;
OUNC EMBER DATE
/4 1—ZS - - 0 S
COU CIL MEMBE" DATE
ATTEST:
_ .4_4;_ OAS ( 7- A9L7/1/-:
ACTING CITY CLERK PAUL P. GEORGE, MAYOR
Minutes prepared by Linda Watkins. An audio and video tape of this meeting are available in the City Clerk's
Office
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