Loading...
HomeMy WebLinkAbout02/20/1985 Adjourned Meeting 6 FEBRUARY 20, 1985 ADJOURNED MEETING URBAN AREA PLAN AND ZONING ORDINANCE The City Council and County Commissioners met in session on this date at 7:30 p.m. in the Convention Center for the purpose of holding a public hearing on the Yakima Urban Area Zoning Ordinance and proposed amendment to the Urban Area Plan. County Commissioners present were Chuck Klar- ich, Graham Tollefson and Jim Whiteside. County staff present were Director of Planning, Dick Anderwald, and Assistant Director, Mark Hin- thorne. City Council members present were Mayor Clarence Barnett, Henry Beauchwnp, Pat Berndt, Jerry Foy and Jack Sparling. Council member Lynn Buchanan present at 9:50 p.m. Council member Lynn Carmichael absent. City Manager Zais, Assistant City Manager Stouder, City Attorney Andrews, Glenn Rice, Director of Community and Econanic Development, Associate Planners Judd Black and Don Skone, City Clerk Roberts and Deputy City Clerk Toney were also present. Mr. Hinthorne indicated three map change requests have been received by the County Planning Department since the last hearing. 1) Robert Tana, requested the zoning on the southwest corner of Mead and South 1st Avenue be changed from R -2 to M-1; 2) Bill Brado, requested the south- west corner of Springcreek Road and 40th Avenue be changed from SR to M -1; and Paddock /Hollingberry, requested that 30 acres on the northeast corner of 16th Avenue and River Road be changed from M -1 to LCC. Mr. Hinthorne stated the Planning Department will prepare a staff report and recommendations for a future meeting addressing these additional re- quests. Judd Black read the following City map change request items into the record: Helen White, 914 Pitcher, vicinity of 9th Street and Pitcher, from R -1 and R -3 to CBDS; Marguerite Stangl, 4606 West Nob Hill Boulevard, vicinity of 46th Avenue and Nob Hill Boulevard, from R -1 to B -1; Carl Schilperoot, Rt. 2, Box 2317, Wapato, vicinity of 16th and Prasch, from R -1 to R -3; William A. Hambelton, 615 South 32nd Avenue, vicinity of 16th Avenue and Fruitvale, fran R -2 to CBDS; Fred Linker, 617 West Yakima Avenue, vicinity of Cornell and Washington, from R -1 to B -2; H -N -W Leasing Company, 1400 Summitview, vicinity of Lincoln and Naches, from B -1 to CBDS; Marilyn Patterson, 807 South 35th Avenue, vicinity of 24th Avenue and Nob Hill Boulevard, requested B -2 zoning; Lloyd Berkheimer, 911 North 16th Avenue, vicinity of 16th Avenue and Fruitvale, from R -1 to CBDS or B -1; Billington Builders Supply, 406 West Nob Hill Boulevard, vicinity of 5th Avenue and Nob Hill Boulevard, from SCC to B-3 or equal; Marvin Ruoark, vicinity of Queen and Nob Hill Boulevard, from R -1 to B -2; Marguerete Hackett, 304 North 37th Avenue, vicinity of Nob Hill Boulevard and Cornell, from R -2 to SCC or B-2; David Levad, 10 South 56th Avenue, vicinity of 56th Avenue and Chestnut, fran R -2 to R -3; Andrew Pleasant, 718 South 6th Street, vicinity of South 6th Street and Race, from R -1 to HB; Jean Allard, 502 North 6th Street, vicinity of East "E" and North 4th Street, from B -1 and R -2 to B -2; Edith Herrell, 913 South 16th Avenue, vicinity of 16th Avenue and Fruitvale, from R -2 to CBDS /B -1; Jean Allard, 502 North 6th Street, East "E" Street and North 6th Street, from R -1 to R- 2/R -3; Jean Allard, 502 North 6th Street, vicinity of North Yakima Avenue and 11th Avenue, from CBD to LI; Richard Voytilla and Toula Maudelis, 8 South 56th Avenue, vicinity of 56th Avenue and Chestnut, from R -2 to R -3; Glen /Amos Properties, vicinity of Park and Folsom, from R -2 to R -3. Associate Planner Don Skone read a letter from Bob Haffey, (a Yakima resident) urging Council to encourage the rezoning of property for business use in an attempt to attract new businesses into Yakima. A letter from James . 1 and Lorraine Bonholzer requesting the zoning remain the same in the / vicinity of 16th Avenue and North 20th Avenue County -Light Industrial was also read into the record. The material submitted by the League of Women Voters at the previous meeting was reviewed. This being the time set for the hearing on the Urban Area Plan and the proposed zoning ordinance, the hearing was opened for testimony. Larry Mathews, 805 South 17th Avenue, commented he feels the language in Chapter 24 could be softened somewhat. He also stated Chapter 5, Table 51, Standard Building Setbacks does not give a definition in relation- ship to the property line. He also pointed out that the maximum build- ing height in the R -1 district has been reduced to 28 feet, consequently FEBRUARY 20, 1985 there will be several homes in Yakima that are nonconforming. Chapter 10, Conditions of'Approval and Administrative Adjustment of Standards, does not address solar easements._ He added there is no mention of swimming pool regulations in the ordinance. Mr. Mathews commented approximately half of the City has been down zoned without any rationale, and little notice given to the residents living within these areas. Council member Foy explained these are merely proposals at this time. There has been a great deal of correspondence requesting that the proposed zoning revert to the original zoning. Mr. Foy expressed the opinion that testimony should be heard regarding these issues during the hearings, however, there is a possibility that'the zoning will be changed prior to the adoption of the ordinance. Jerry Sturgil, Central Washington Hanebuilders Association, read into the record a letter conveying the concerns of the Central Washington Hanebuilders Association. In summary, he stated the Yakima Urban Area Zoning Ordinance, together with the proposed zoning maps, would accomplish the following: 1) Have a significant negative ' affect on the economy as it will definitely reduce the amount of new construction. • 2) Increase the cost of new construction 3) Increase the rental rate of existing rental houses and apart- ments 4) Accelerate the decay of certain areas of Yakima 5) Decrease land values in areas which are being down zoned. Mr. Sturgil asked that the requests for zoning be approved as submitted by the Central Washington Homebuilders Association. Wes Henderson, 1907 West Nob Hill Blvd., read into the record his presentation of a "Flexible Zoning Concept" request. He stated this type of zoning would benefit all concerned parties in the long run. Marguerite Stangel, 4606 West Nob Hill Blvd., requested this property be rezoned from R -1 to B -1 which would permit a clinic or professional building to be located 'there in the future. Council member Foy indicated this will be addressed later in the hearing when Council considers zone changes. Mike Shallanberger, 1425 South 27th Avenue, representing the lending community, (Ben- Franklin Federal Savings) expressed his concern re- garding the areas that have been down zoned from R -3 to R -2 and R -1. He • indicated the massive down zoning will make financing difficult to obtain due to secondary mortgages, etc. Council member Foy asked Mr. Shallanberger if he has had the opportunity to review the section • relating to the destruction of 75% or more of a structure. Mr. Foy requested a financial viewpoint of the effect of this section of the Zoning Ordinance. Mr. Shallanberger stated this area, plus deferred maintenance or repairs in excess of 25% of assessed valuation are two - areas which present problems for lenders in dealing with secondary mortgage market. It does not specifically prohibit a lender from making ' _ a loan on the property, however, if the lenders' ability to resell the loan is restricted, the lender will be less interested in making the . loan. • Commissioner Klarich requested that staff review the nonconforming use section with the 75% rule being eliminated and the language inserted • "that any destroyed structure can be rebuilt without expansion, complying with existing codes and if expansion is requested, the hearing process be mandatory, but the structure,, could be rebuilt." He requested staff review this and report back on the effect this would have on the zoning ordinance. Ines Rice, 4409 Arlington, posed the question "is this township organ- ization; and if so, shouldn't this be put to the vote of the people ?" She indicated this is a township. according to the State \Constitution. Mrs. Rice stated she has reviewed the ordinance and is not in favor of it. in many places. She stated the appeals section is a detriment to the citizens of Yakima. 8 FEBRUARY 20, 1985 City Manager Zais responded that the City of Yakima is a First Class City and recognized as such under the laws of the State of Washington, as is the County. Mr. Zais indicated the issue of notification has been discussed at previous meetings and reviewed the notification which has taken place with regard to the proposed ordinance and the public hear- ings. Mr. Zais stated legal counsel has advised the City that any further legal notice (to each and every property owner) is optional. Lou Alderman, 4 North 41st Avenue, directed attention to page 39 which deals with minimum lot sizes for two - family dwellings. He stated he is in concurrence with the Central Washington Homebuilders Association who feel the minimum lot size should be 7,000 square feet for duplexes. His second concern was in the tandem parking for the two - family dwellings. He requested the "or two" be put back into the text under Tandem Park- ing. With respect to the down zoning issue, Mr. Alderman stated he believes there is a greater need for R -2 and R -3 sites due to an increase in the number of people needing this type of housing. Jean Allard, 502 North 6th Street, urged the lot width and setbacks for Historic Business Zone be the same as B -2 and the uses' be the same as B -2. Council member Foy pointed out to Mr. Allard that the staff has prepared a handout sheet on Chapter Four which relates to some of the land uses under Historic Business. Commissioner Tollefson interjected there is a staff report to be made this evening and will be given after testimony from the citizens is concluded. Albert Lantrip, 809 Pioneer Lane, stated he has been attending meetings • for the past year relating to the proposed Urban Area Zoning Ordinance. He indicated there has been quite a bit of advertisement and notifica- tion regarding this issue. Relating to the Historic Business District, he indicated the ordinance will allow for a business to be rebuilt in a R -1 zone if it is destroyed by fire. He stated his single family res- idence is located in what will perhaps be rezoned to a B -2 zone, and if this structure is destroyed by fire, he will not be allowed to rebuild the residence. He stated he feels the ordinance is discriminating against citizens that have single family dwellings which are located in areas other than R -1. Mr. Landtrip stated he is in agreement with eliminating the section which states the structure cannot be rebuilt if destroyed by 75% or more. He is of the opinion that if the structure exists it should be allowed to be rebuilt in much the same manner. With regard to the down zoning issue, Mr. Landtrip stated he wishes to go on record as saying the area he is primarily concerned with is R -2 and proposed to be changed to R -1. He indicated he does not feel it is down zoning the area, rather it is being up zoned. Mr. Landtrip further stated he is in support of the R -1 zoning for the southeast neighbor- hood. Barbara Harris stated the thing that concerns her is that there could be a lot of politics involved in this procedure and is concerned that there is only one person involved in the decision - making. Keith Daniels, 211 South 37th Avenue, addressed comments and recommenda- tions to the City Council and the County Commissioners stating the 7 lots per acre is the density preferred in the R -1 zones. The second recanmendation is that the R -2 lot size should be 7,000 square feet. Mr. Daniels stated the economic impact has not been addressed in the large areas which have been recommended for downzoning. In conjunction with the financing issue, Mr. Daniels stated the section dealing with non - conforming use and destruction beyond 75% of the assessed value should be referred back to staff for further consideration and recommendation. Gordon Wonder, 718 North 56th Avenue, spoke about the definitions with regard to the business community and down zoning. Mr. Vander indicated there is an area which is currently zoned M -1 and is being rezoned to Central Business District Support. He questioned why the plan is more restrictive on the citizens of the business community. Mr. Wonder presented several examples with restricted uses in a B -2 zone which he felt were unfair. He encouraged careful examination of this plan prior to its adoption as he does not feel it is going to help the City of Yakima as it is currently written. 9 FEBRUARY 20, 1985 Don Skone presented a text change to the ordinance relating to the Historic Business District for review by Council, Commissioners and _ - interested citizens. He indicated the material submitted is a list of land uses to be placed in Table 4.1 and for each of those land uses a classification as to class of use. He briefly summarized the type of Historic Business uses which would be allowed in this zone. Mayor Barnett questioned if a person would be allowed to put 'in 'a tavern in a block 'which has been classified as a Historic Business District from page 19 of the staff report. Jean Allard, 502 North 6th Street, stated in considering the setbacks for Historic Business locations, most of them are on 50 ft. wide lots and setbacks on the residential side should be considered. He stated lot lines should be allowed to go to the street if visibility is not blocked. Mr. Allard questioned the fact that a person would have to request permission for any use other than Class (2). Marguerite Hackett, 304 North 37th Avenue, stated she has a service station on a corner, and questioned what would happen if the B -3 zoning is eliminated, and what will happen to her property? Mr. Anderwald interjected he thinks this falls under the nonconforming uses and will be explained in the material that Commissioner Klarich requested staff to research. He indicated staff would be better prepared to answer this question once the research has been completed. Joe Krieger, 3803 West Nob Hill, questioned why we have all of these changes that are so confusing. Gordon Wonder stated he is sure there will be some word changes prior to the ordinance being adopted. He indicated he hoped staff would not be anxious to have all rezone requests in before all these definitive changes are made. He requested a response to the definitions prior to setting a deadline for rezone requests. Commissioner Klarich stated once the ordinance is passed, the citizens will still have the opportunity to cane forward and request a zone change. He stated this hearing procedure is not for the purpose of correcting mistakes in the map, but to possibly make some changes in the process. Jean Allard stated if we are not going to have the setbacks and lot requirements in the Historic Business District that the phrase should be added that the business could not be enlarged or diminished by the staff setback requirements. Commission Tollefson stated the language will be reviewed to reflect that intent. It was MOVED by Klarich to amend the Urban Area PLan to increase density of the low density residential category from five units per residential acre to seven units per residential acre. The motion died for lack of a second. - Commissioner Tollefson requested that Mr. Hinthorne read into the record the zone change requests in the unincorporated area. Mr. Hinthorne read the staff report and recommendation on the following map change requests which were recommended for approval by the Yakima County Planning Department. Edith Pease, Exhibit No. BOCC -1, from SR to M -1; Mrs. Walker, Exhibit No. BOCC -2, from R -2 to B -2; Carl Hamburger, Exhibit No. BOCC -3, from R -2 to R-2; David Cook, Exhibit No. BOCC -4, from R-1 to B -2; Dwain Schrank,'Exhibit No. BOCC-6, from R -1 to'M -1; John Filliol, Exhibit No. BOCC -7, from R -2 to CBDS; Glascam Builders, Exhibit No. BOCC -8 from R -3 to SCC; Larry Brader, Exhibit'No. BOCC -12, from SR to M -1; Meralene Biehl, Exhibit No. BOCC -13, from R -1 to M -1; Joe Kreiger,• Exhibit No. BOCC -14, from R -1 to R -2; James Streif, Exhibit No. BOCC -15, from R -1 to B -2; • Michael Macias, Exhibit NO. BOCC -16, from R -1 to M -1; Delmar Pearson, Exhibit No. BOCC -18, from R -1 to R -2; and Carol Foster, Exhibit No. BOCC -19, from R -2 to B-2. 1 0 FEBRUARY 20, 1985 (Mayor Barnett absent after 9:30 p.m. Assistant Mayor Beauchamp assumed the chair for the City Council.) Commissioner Tollefson asked if anyone - present wished to offer testimony against any of the proposed modifica- tions. There being none, it was MOVED by Klarich, seconded by White- side, that the rezone requests be approved as submitted. Unanimously carried by voice vote. Mr. Hinthorne then read into the record the staff report and recommendation for those requests where the County Planning Department recommended no change in proposed zoning map. These are as follows: Jim Siegel, Exhibit No. BOCC -5, requested a map change from R -1 to B -2. Commissioner Tollefson asked if anyone present wished to address the issue and Jim Siegel offered testimony supporting his. request to B -2. It was MOVED by Whiteside, seconded by Klarich, that staff's recommendation for denial of the request be adopted. Unanimously -carried by voice vote. Exhibit No. BOCC -9, a request submitted by Professional Developers for a change from R -1 to R -3 is recommended for denial by the County Planning Department due to the flood hazard potential. Conmissioner•Tollefson requested testimony in behalf of this issue. There being, none, it was MOVED by Klarich, seconded by Whiteside, that staff's recommendation for denial of the request be adopted. Unanimously carried.by voice vote. Frank Fitterer, Exhibit No. BOCC -10, submitted a zone change request from R -i to R -2. The County Planning Department recommends no change. Testimony was called for, and there being none, it was MOVED by Klarich, seconded by Whiteside, that the staff recommendation for denial be adopted. Unanimously carried by voice vote. John Perez, Exhibit No. BOCC -11, requested change from R -1 to R -2, and staff recommended denial. Testimony. having been called. for and there being none, it was MOVED by Whiteside, seconded by Klarich, that staff's recommendation for denial be adopted. Unanimously carried by voice vote. Gene Luisi; Exhibit No. BOCC -17, request for change from Suburban Res- idential to Light Industrial; staff recommended no change from' Suburban Residential. Commissioner Tollefson asked for testimony regarding this request and Mr. Luisi spoke in favor of rezoning the area from Suburban Residential to Light Industrial. Following a brief discussion regarding this issue, it was MOVED by Whiteside, seconded by Klarich, to sustain the recommendation of staff for denial of this rezone request. Unan- imously carried by voice vote. Commissioner Tollefson stated this concludes the matters before the Board of County Commissioners this evening with the exception of the request for an afternoon meeting rather than evening meeting. Com- missioner Klarich interjected that he hopes staff will have material prepared on the text changes to be dealt with on 18th. -Council member Foy suggested that staff research the seven (7) units per acre with analysis so a decision can be reached on this issue. This was the consensus of the Council. (Council member Buchanan present at 9:50 p.m.) The County matters having been concluded at this time; it was MOVED by Whiteside, seconded by Klarich, that the County Commissioners adjourn their portion of the meeting until March 18th, at 7:30 p.m. in the Yakima Center. Unanimously carried by voice vote. Associate Planner, Judd Black presented the requests for map changes submitted to the City Planning Department as follows: • Silvers Oil Company, Exhibit No. CC -1, HB zoning recommended; Leonard Dufault, Exhibit No. CC -2, HB zoning recommended; Francis Gamache, Exhibit No. CC -3, HB zoning recommended; Churchill Silvers, Exhibit No. CC -4, HB zoning recommended; Paul Lachance, Exhibit No. CC -5, HB zoning recommended; Shields Bag and Printing, Exhbit No. CC -8, M-2 zoning recommended; H.L. Davis, Exhibit No. CC -11, R -3 zoning recommended; Roy E. Van Gorkan, Exhibit No. CC -14, M -1 zoning recommended; Richard Wilson, Exhibit NO. CC-16, CBDS zoning recommended; Isidore & Sara Lizotte, Exhibit No. CC -17, HB zoning recommended; Everett Christen, Exhibit No. CC -18, R -3 zoning recommended; Delores Mowatt, Exhibit No. CC -29, R -3 zoning recommended; • FEBRUARY 20, 1985 li Barbara Edwards, Exhibit No. CC -34, R -3 zoning recommended. John Krieger, Exhibit No. CC -41, HB zoning recommended; West Valley Nursing Home, Exhibit No.. CC -44, R -3 zoning recommended; West Valley Nursing Hare, Exhibit No. CC -45, B -1 zoning recommended; and Ruark & Bohlke, Exhibit No. CC -49, R -2 zoning recommended. It was MOVED by Foy, seconded by Berndt, to approve the map change requests in the exhibits, as recommended by staff. Unanimously carried by voice vote. Barnett and Carmichael absent. There being no further its to review for approval, it was MOVED by Foy, seconded by Berndt, to adjourn this meeting at 10:05 p.m., to then meet on March 18th at 7:30 p.m. Unanimously carried by voice vote. Barnett and Carmichael absent. READ AND CERTIFIED B , 01.4. , v1�"���L DATE 4 //9//7, soUNCIL MEMBER ,1 -• ' �I � lz,v cti- DATE 4 / 1 W3 -- COUNCIL MEMBER ATTEST: CITY CLERK MAYOR •