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.
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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.
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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;
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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
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COUNCIL MEMBER
ATTEST:
CITY CLERK MAYOR
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