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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 /` / Date CV' cil ember Attest: ;��� f/ / City Clerk Mayor .