HomeMy WebLinkAbout05/06/1985 Special Meeting 56
MAY 6, 1985
SPECIAL MEETING
URBAN AREA PLAN AND ZONING ORDINANCE
The City Council and County Commissioners met in study session on
this date at 3:00 p.m. in the Council Chambers of City Hall, Yakima,
Washington, for the purpose of discussing proposed amendments to the
Yakima Urban Area Plan and proposed joint zoning ordinance. County
Commissioners present were Chuck Klarich, Jim Whiteside,
and Graham Tollefson. County staff present were Dick Anderwald,
Director of Planning, and Assistant Director, Mark Hinthorne. City
Council members present were Mayor Clarence Barnett, Pat Berndt,
Lynn Buchanan, Lynn Carmichael, Jerry Foy and Jack Sparling.
Council member Henry Beauchamp absent. City staff members present
were City Manager Zais, Assistant City Manager Stouder, City
Attorney Andrews, Glenn Rice, Director of Community & Economic
Development, Associate Planner Don Skone, and City Clerk Roberts.
Discussion ensued to set future study session and public hearing
dates. The next public hearing is scheduled for May 13, 1985 at
3:00 p.m. in the County Courthouse. It was the general consensus of
the Commissioners, and Council members to set a date of June 3, 1985
at 3:00 p.m. to continue the public hearing on the proposed
amendment to the Urban Area Plan and zoning ordinance.
Consideration was given to setting a date of May 23, 1985 for a
study session, however, this date was not confirmed.
Don Skone briefly reviewed Staff Report No. 10, Penalty Provisions
of the Urban Area Zoning Ordinance (Chapters 23 & 24) . He briefly
explained the alternatives for enforcement of the ordinance and
penalties for violators. Alternative A would retain the ten day
minimum jail sentence upon conviction, however, it would allow the
judge the discretion to waive this sentence. Alternative B reduces
the penalties for violation to the current Yakima County provision
of a fine not to exceed $250 or imprisonment for not more than 90
days. Alternative C would make text changes suggested in
Alternative A, but substitutes the mandatory minimum ten days in
jail for a discretionary maximum of 120 days in jail upon
conviction. The staff recommendation is Alternative A because it
addresses the problem of the knowing violator who resists all other
enforcement actions. Discussion followed regarding the penalty and
jail time, Dan Fessler, consulting attorney, responding to the
questions posed by the Commissioners and Council members.
Commissioner Klarich agreed with Alternative A for Sections 23.020,
23.040, 23.070, 23.080 and 24.020, with an amendment to the language
in 24.020.2 to delete "less than 10 days nor ", following "be
punished by imprisonment for not ". The sentence would then read,
"Any person who continues to use or occupy land or structures with
knowledge that a permit or approval has been revoked under Chapter
23 of this ordinance shall, upon conviction thereof, be punished by
imprisonment for not more than 90 days and by a fine of not less
than $250 nor more than $500." He stated he felt the fine of $500
could be increased. It was the general consensus to continue
discussion of this item at the public hearing.
Mark Hinthorne reviewed Staff Report No. 11, Swimming Pool
Provisions. Following discussion regarding the language on the
fencing requirement, it was the general consensus to approve the
proposed text amendment. Don Skone stated that staff will bring
back text language revisions for formal adoption.
Don Skone reviewed Staff Report No. 12, South Nob Hill Map Change
Requests and Zoning Policy. He stated there have been five map
change requests received from this area, for R -2 zoning from the
proposed R -1 zoning. Based upon the staff analysis, which he
reviewed, he stated staff recommends that the proposed R -1 zone not
be changed and that the map change requests be denied.
(Council member Carmichael absent after 4:03 p.m.) Council member
Foy stated he doesn't have any problem with approving these four
requests for R -2 zoning. Council member Berndt concurred with
Coucil member Foy. Mayor Barnett stated he is not convinced this
entire area should be zoned R -1. It was the general consensus of
the Council that this area should remain as currently zoned, R -2.
57
MAY 6=21985
Don Skone reviewed Staff Report No. 13, North Central Yakima Map
Change Requests. He stated that six map change requests have been
received for R -3 zoning in this area and one request for Central
Business District Support (CBDS). He stated the staff
recommendation is to deny these map change requests. Council member
Foy stated he doesn't agree with the CBDS requested zoning, however,
he thought the current R -3 zoning should be retained. Council
member Berndt agreed with Council member Foy..- It was the general
consensus to retain the R -3 zoning for this area. Further
consideration and action on this report was deferred to the public
hearing on May 13th.
Don Skone reviewed Staff Report No. 14, Miller Park Area Map Change
Requests. Mr. Skone stated three map change requests have been
received from this area, CC -28 for . B -1 zoning from the
proposed R -3 zoning; CC -66 for B -2 zoning for two blocks, from the
proposed R -2 and B -1 zoning; and CC -69 for R -3 zoning for two
blocks from the proposed zoning. Responding to Mayor, Barnett's
question regarding the location of these blocks, Don Skone drew a
diagram of this area on the blackboard. Council member Foy
suggested the following changes: CC -28 be zoned B -1; CC -66 be zoned
B -1; and CC -69 be left as R -3 zoning. It was the general consensus
of the Council to agree with the changes as 'suggested by Council
member Foy. Further consideration and action on this report was
deferred to the public hearing on May 13th.
Don Skone reviewed Staff Report No. 15, Stewart Street /Kumler Field
Neighborhood Map Change Requests. He stated a map change request
has been received (CC -82) for changing the zoning of the area from
Nob Hill Boulevard north to St. Helens between 6th Avenue and 9th
Avenues from R -2, as proposed, to R -1. It was the general consensus
of the Council to change the zoning to R -1. Further consideration
and action on this item was deferred to the public hearing on May
13th.
Don Skone reviewed Staff Report No. 16, North 8th Street Map Change
Request, CC -25, for a two block area located between East A & B
Streets in the vicinity of North 8th Street. Following a brief
discussion regarding the CBDS zoning, it was the general consensus
to concur with the staff .recommendation for B -1 zoning. Further
consideration and action on this report was deferred to the May 13th
public hearing.
Don Skone reviewed Staff Report No. 17, North 16th Avenue and
Fruitvale Boulevard Map Change Requests: CC -47 for CBDS or B -1
zoning from the proposed R -2; CC -60 for CBDS, or B -.1 from the
proposed R -2; CC -67 for CBDS or B -1 from the proposed R -2, CC -56 for
CBDS from the proposed R -2; and CC -74 for B -2 from the proposed R -2
zoning. It was the general consensus to concur with the staff
recommendation that the areas north of Fruitvale Boulevard east of
16th Avenue, and the area south of Fruitvale Boulevard west of 16th
Avenue zoned R -2 including Exhibits CC -47, CC -60, CC -67, and CC -74;
and CC -56 be zoned CBDS on the basis that these requests are logical
extensions of CBDS zoning and are consistent with the Yakima Urban
Area Plan. Further consideration and action on this report was
deferred to the May 13th public hearing.
Council members considered the map change requests in Staff Report
No. 18, recommended by staff for approval. It was the general
consensus to concur with the staff recommendation to approve the map
change requests in CC -19, CC -51, CC -58, CC -65, CC -75, CC -83 (3
requests) , CC-86, CC-87, CC -94, and to grant R -3 zoning for CC-55.
Further consideration and action on this report was deferred to the
May 13th public hearing.
Council members considered the map change requests in Staff Report
No. 19, recommended by staff for denial. It was the general
consensus of the Council to change CC -9 to the B -1 zoning, as
requested; concur with staff to deny the request to B -1 zoning in
CC -20; grant the request for R -3 zoning in CC -43; grant the request
for R -2 zoning in CC -50 and zone the entire area R -2; take CC -55 and
make it R -3 and CC -54 as R-3 and keep the rest as R-2 zone;
grant CC -64 and CC -71 for R -3 zoning; change CC -78 to B -1 zone;
grant CC -80 for R -3 zoning and zone the entire area R - 3; leave CC -97
58 MAY 6, 1985
as (SR) (R -2), as proposed; change CC -84 to SCC; CC -85 (proposed
zoning should read R -1, requesting SCC ) request for SCC be denied;
leave CC -35 at its present zoning of R -2; and leave CC -53 at the
present zoning of R -2. Council member Buchanan questioned the
zoning of the parking lot in the development on So. 12th Avenue.
Further consideration and action this report was deferred to the May
18th public hearing.
Mark Hinthorne reviewed Staff Report No. 20, County Map Change
Requests - Approvals. He stated this information is given for the
Commissioners information and decisions should be made at the public
hearing on May 13, 1985. (Council member Berndt absent after 5:10
p.m.)
Mark Hinthorne reviewed Staff Report No. 21; County Map Change .:
Requests - Denials. Mr. Hinthorne stated that although the
Commissioners have previously made a determination to deny BOCC -17,
this item was added to the list because Mr. Luisi is requesting
reconsideration of that denial.•
Mark Hinthorne reviewed Staff 'Report ' "No. 22, Map Change Requests
for Large Areas in the County. Mr ;.H.inthorne reported there have
been three map change requests received for large areas of land
which will require a policy decision by the Board of County
Commissioners based on the goals and policies adopted in the Yakima
Urban Area Comprehensive Plan. Commissioner Whiteside requested
that this discussion be interrupted in order to finish the City
business.
Mayor Barnett repeated his question from a previous meeting, asking
why the height requirement was changed from 35 to 28 feet. Council
member Buchanan inquired about the status of the Airport Overlay
District. Mr. Hinthorne reported it appears the Airport noise
study will be completed in, about 6 to 8 weeks. He is hopeful the
remaining text issues can be resolved by then and that the Airport
Overlay District would be one of the last items to be
considered. Mark Hinthorne distributed a report responding to
questions about the proposed Yakima Urban Area Zoning Ordinance. It
was MOVED by Sparling, seconded by Buchanan that this Council study
session be adjourned at the hour of 5:15 p.m., to then meet again on
Monday, May 13, 1985 at 3:00 p.m. in Room 232 at the Yakima County
Courthouse. Unanimously carried by voice vote. Beauchamp, Berndt
and Carmichael absent.
Discussion of Staff Report No. 22 continued. Referring to BOCC -22,
Mark Hinthorne stated there are three alternatives: 1) approve the
map change request to Large Convenience Center; 2) deny the map
change; and 3) amend Table 4 -1 to permit more commercial uses in the
Light Industrial Zoning District. He reviewed the consequences for
each alternative and stated that staff recommends the retention of
the M -1 zoning until market information demonstrating the need for a
new commercial center is provided. Commissioner Klarich commented
he doesn't believe it is up to the Commissioners to determine the
need. He further commented that in this case, that property is
currently zoned for that use and a different zoning was recommended
in the proposed ordinance. Commissioner Whiteside commented that
this should not be delayed until a need has been determined.
Commissioner Tollefson stated he doesn't believe action can be taken
on this issue today, however, staff has heard the concerns of the
Commissioners. Dick Anderwald suggested that perhaps time should be
taken to update the Comprehensive Plan. Commissioner Tollefson
commented that staff could interpret from this discussion that
the Board is not interested in considering the third alternative.
Mark Hinthorne reviewed - BOCC -26, map change request for the
Fairview -Sumac and East Fairgrounds neighborhoods to CBDS zoning.
He stated staff recommends that the existing R -2 zoning for the
Fairview -Sumac and East Fairground neighborhoods not be changed to
CBDS. It was the general consensus to support the staff
recommendation to retain the R -2 zoning. Mark Hinthorne reviewed
BOCC -33, map change request for 60 acres be changed from SR to R -1.
He stated staff's recommendation is to concur with the request to
zone this property as R -1. It was the general consensus to agree
with the staff recommendation. Further consideration and action on
this report was deferred to the May 13th public hearing.
MAY 6,,'1985 - 59
There being no further business to come before the Commissioners,
the meeting was adjourned at the hour of 5:45 p.m., to then meet on
May 13, 1985 at 3:00 p.m. in Room 232 at the Yakima County
Courthouse.
READ AND CERTIFIED ACCURATE ), ,,„p Date
Council Member
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CV' cil ember
Attest:
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City Clerk Mayor .