HomeMy WebLinkAbout05/13/1985 Adjourned Meeting 65
MAY -13, 1985
ADJOURNED MEETING
URBAN AREA PLAN AND ZONING ORDINANCE
The City Council and County Commissioners met in session on this
date at 3:00 p.m. in the Council Chambers of City Hall, Yakima,
Washington, for the purpose of holding a public hearing on the
proposed amendments to the Yakima Urban Area Plan and proposed joint
Urban Area Zoning Ordinance. County Commissioners present were
Chuck Klarich, Graham Tollefson, and Jim Whiteside. County staff
present were Dick Anderwald, Director of Planning, and Assistant
Director Mark Hinthorne. City Council members present were Mayor
Clarence Barnett, Pat Berndt, Henry Beauchamp, Lynn Buchanan, Jerry
Foy and Jack Sparling. Council member Lynn Carmichael absent. City
staff members present were City Manager Zais, Assistant City Manager
II/ Stouder, City Attorn ey Andrews, Glenn Rice, Director of Community &
Economic Development, Associate Planners Judd Black. and Don Skone,
and City Clerk Roberts.
The meeting was called to order by Commissioner Tollefson, who
introduced the Commissioners and County staff members. He stated
the purpose of this hearing is to consider adoption of a common
zoning ordinance for the Yakima Urban Area. Mayor Barnett
introduced the Council members and City staff members.
Mark Hinthorne reported that since the last hearing the County has
received five map change requests, as follows: BOCC -33 from
Richard Twiss /Jim Murphy for 60 acres, Terrace Heights, north end of
31st St., from SR to R -1; request BOCC -34 is by Bob Campbell for
property at the southwest corner of 30th and Nob Hill Boulevard,
from B -1 to B -2; BOCC -35 from Gordon Hanson for property on North
16th Avenue, from B -1 to B -2; BOCC -36 from Delanoe Kallenberger for
property on the east side of Keys Road, from SR to M -1; and BOCC -37,
from Douglas Fellows for property on the northwest corner of Fechter
Road, from SR to B -1. He commented that all of these requests were
received prior to the May.1, 1985 deadline for receipt of'map change
requests.
Don' Skone reported that 14 map change requests have been received
since the .last hearing, as follows: CC -84 from Larry
Lenz,for property at 607 So. 36th Avenue, from R -1 to SCC; CC -85
from Jack Humphries, for property at 35th and Webster, from R -2 to
B -2; CC -86 from Stephen Yonker for property at 23rd Avenue & Nob
Hill Boulevard, from R -1 to B -2; CC -87 from C. D. Brandt for
property at 26th Avenue and Nob Hill Boulevard, from R -3 to LCC;
CC -88 from Samuel Shuman for property at 308 No. 32nd Avenue, from
R -1 to R -2; .CC -89 from Jerry Kroum for property at 215 N. 32nd
Avenue, from R -1 to R -2; CC -90, CC -91, CC -92 and CC -93 from Gaylord
Newby for property in the north central Yakima area, from R -2 to
R -3; CC -94 from Richard Zerr for property at So. 10th and Washington
Avenues, from R -1 to HB; CC -95 from Marvin Bales for property in the
South Nob Hill Boulevard area, from R -1 to R -2; CC -96 from Diane
Moreceau for property in the South Nob Hill Boulevard area, from R -1
to R -2, and CC -97 from Ben Lombard, C.D. Brandt, Warren Dewar and
Roy Johnson, Jr., for property on So. 51st Avenue, from SR /R -2 to
B -1. He also read into the record correspondence received from
Larry Marvin, Yakima Federal Savings and Loan, Max Vincent on behalf
of Roy Johnson, Jim Slegel, and memorandum from Glenn Rice, Director
of Community & Economic Development.
It was the general consensus to consider the items out of sequence
of .the - Agenda . and . dispense with , the ' County items prior to the City
issues. , . ,
The Commissioners considered Staff Report No. 22, - Requests for
Changes in the Proposed Zoning of Large Areas. Mark Hinthorne
briefly described BOCC -22, from Paddock and Hollingbery, requesting
LCC zoning. He summarized the staff recommendation which is to
retain the M -1, zoning until market information demonstrating the
need . for a new commercial center is provided. Don Hollingbery, --
architect for the owner of the property, reported he has been
working on a design for a development on that property for a little
more than a year. He stated everything they have done was based
_ _ 66 MAY 13, 1985
upon the present zoning of M -1. If this zoning is changed, it would
eliminate about 90% of what was being developed. He stated this is
estimated to be a $25 million development and ;urged the
Commissioners to act on his request in a favorable manner.
Following a brief discussion, it MOVED by Klarich, seconded by
Whiteside, to approve the requested zoning of LCC. Tollefson
concurred and the Motion passed. Commissioner Klarich stated his
reasons for approving the request, commenting that many of the
concerns expressed by staff would be addressed by the Environmental
Impact Statement, and the development would be presented to the
County for approval prior to construction. Mark Hinthorne reviewed
BOCC -26, from Verna Beggs and others, requesting CBDS zoning. He
stated the staff recommendation is to retain the R -2 zoning. Verna
Beggs addressed some of the statements contained in the staff report
with which she disagreed. She commented that the attitude of staff
was that it did not matter how many signatures she obtained on a
petition, that property was going to remain R -2. She stated that in
the past, this area used to be zoned commercial. She stated this
area is accessible to the freeway and lends itself towards
commercial enterprises. She further disagreed with the statement
that the County has spent money in this area for sewer and water,
commenting that the funds came from the Federal government. It was
MOVED by Whiteside, seconded by Klarich, to hold this over and bring
it up as a subject at the next hearing. Tollefson concurred and the
Motion carried.. Mr. Hinthorne reviewed BOCC -33, from Richard
Twiss /Jim Murphy, requesting R -1 zoning. He stated the staff
recommendation is to concur with the request. There being no
citizen present wishing to speak on this item, it was MOVED by
Whiteside, - seconded by Klarich, to change the proposed designation
for this BOCC -33 from SR to R -1. Tollefson .concurred and the
Motion carried.
The Commissioners next considered Staff Report No. 20, Map Change
Requests Recommended for Approval. Mark Hinthorne stated staff is
recommending approval of the following map change requests: BOCC -20
received from Robert Thoma, for property at the S.W. corner of Mead
and So. 1st Avenue, from R -2 to M -1; BOCC -23, from Gerald Searl for
property in Terrace Heights, west of the Moxee Canal, from M -1 to
R -1; BOCC -30 from Barbara Hanauer for property on Powerhouse Road,
west of 40th Avenue, from R -1 to SCC; BOCC -31, from Janet Brown for
property on Powerhouse Road, west of 40th Avenue, from R -1 to B -1;
BOCC -32 from Bill Avery for property on the S.E. corner of 18th St.
& Sliger Rd., from R -2 to CBDS; BOCC -34 from Bob Campbell for
property on the S.W. corner of 40th Avenue and Nob Hill Boulevard,
from B -1 to B -2; BOCC -35 from Gordon Hanson for property on the west
side of 16th Avenue, north of River Road, from B -1 to B -2; BOCC -36
from Delanoe Kallenberger for property on the east side of Keys
Road, from SR to M -1; and BOCC -37 from Douglas Fellows for property
on the N.W. corner of 40th and Fechter Rd., from SR to R-1. ,It was
MOVED by Klarich, seconded by Whiteside, to approve, or concur, with
the requested zoning that appears for the parcels indicated in Staff
Report No. 20. Gerald Searl, 1313 S. 23rd Avenue, addressed BOCC -23,
questioning if all three parcels in the request are being
recommended for approval. Mr. Hinthorne advised him that the
approval is for all three parcels. Mr. Searl stated he would prefer
that parcel 191316-32002 remain M -1. Ed Foy, citizen, cautioned the
Commissioners and Council members to adopt an ordinance that will be
consistent in its treatment of the citizens. Referring to Mr.
Searl's testimony, Mr. Hinthorne stated it does not change the
staff recommendation to approve the request including the zoning of
the one parcel as M -1. It was MOVED by Klarich, seconded by
Whiteside to amend the Motion for that parcel to remain as M -1, as
proposed. Tollefson concurred and the Motion carried.
Mark Hinthorne reviewed Staff Report No. 21, containing map change
requests which staff is recommending not be approved, those
requests being BOCC -21, BOCC -24, BOCC -27, BOCC -28, BOCC -29 and
BOCC -17. Ann Mayhak, 623 W. Washington Avenue, spoke in favor of
granting the request for M -1 zoning in BOCC -24. She stated their
machine shop was grandfathered in because the shop was there prior
MAY 13 -, 1985 67
to the zoning ordinance. She stated there have not been any
complaints from the neighbors concerning the operation of their
shop. She further commented the business provides eight full time
jobs. Delanoe Kallenberger, 472 Keys Road, addressed BOCC -17,
commenting that a couple of years ago he submitted a petition
against the rezone to light industrial. He stated it has come to
his attention that Mr. Luisi has a diesel tank there, which
contaminated his drinking well. Mr. Brado referred to BOCC -21, and
commented that the Saddletree Restaurant used to be located on this
site. He stated there is adequate buffers on each side of this
property. He further commented that the noise from the airport does
not make this area suitable for residential. Dan Kuehl, BOCC 27,
spoke about the other property in that area which is zoned R -3. He
stated he has a large piece of acreage and he would like it zoned R-
3. Patrick Andriotti, representing Eugene Luisi, BOCC -17, stated
that Mr. Luisi is presently out of the country and would like this
issue continued to another meeting when Mr. Luisi, can be present.
He stated he filed with the Planning Department a statement signed
by 11 residents in that area, supporting the requested zoning, which
he read into`the record. He commented that Keys Road is a major
truck .route and he- does not believe it will -ever be developed
residential. Commissioner Klarich expressed his concerns that if
many of these map change requests were to be granted, there would
not be any protection for the neighbors that future use of the
property would be different from what is anticipated with these
requests. It was MOVED by Whiteside, seconded by Klarich, to
maintain the proposed zoning as SR for BOCC -21. Tollefson concurred
and the Motion carried. It was MOVED by Klarich, seconded by
Whiteside to maintain the proposed zoning of R -2 for BOCC -24.
Tollefson concurred and the Motion carried: It was MOVED by
Whiteside, seconded by Klarich, to retain the R=1 zoning for BOCC-
27. Tollefson concurred and the Motion carried• was MOVED by
Klarich, seconded by Whiteside to maintain the R -2 zoning on BOCC-
28. Tollefson concurred and the Motion carried. It was MOVED by
Klarich, seconded by Whiteside, to retain the R -2 zoning on BOCC -29.
Tollefson concurred and the Motion carried. It was MOVED by
Whiteside, seconded by Klarich, to\ delay the decision on BOCC -17
until the next meeting. Tollefson concurred and the Motion
carried.
Referring to Staff Report No. 12, Don Skone reported that each of
these reports (Staff Reports Nos. 11 & 12) have been forwarded to
the appropriate individuals. He stated there have been five map
change .. requests received: CC -36, CC -53, CC -95 and CC -96. He stated
that last week Council reached a consensus to return these to the
present..day R -2 zoning, subject to today's testimony. Marvin Bales,
CC -95, questioned if he, understands- correctly. that Council is
recommending the entire area remain R -2. Mayor-Barnett confirmed
that Mr. Bales'. assumption is correct. Jack Humphries, CC -85,
stated that the staff report reflects the location of of his
property as 35th Avenue and Webster, and his property is located at
34th and Nob Hill Boulevard. It was MOVED by Foy, seconded by
Berndt, that the area south of Nob Hill Boulevard, in Report No. 12,
that all of the R -2 remain R -2, with the provision that staff make
the appropriate text change. Unanimously carried by voice vote.
Carmichael absent.
Judd Black reviewed Staff Report No. 13, on North Central Yakima map
change requests. He stated that at the May 6th Study Session, it
was the general consensus of the Council to zone the area
north of Folsom, east of 16th Avenue, and west of 5th Avenue, as
R-3, thereby granting the map change requests CC-26, CC-72, CC-90,
CC -91, CC -92 and CC -93. It was the general consensus of the Council
not to grant CC -33 CBDS zoning. Harold Amos, CC -72, stated that
several years ago he purchased that property with the purpose of
putting multi - family on it. He urged Council to retain the R -3
zoning for his property. Joy Emerson, representing CC -26, at 14th &
Willow, thanked the Council for their consensus of leaving this
property as R -3 zoning. It was MOVED • by Foy, seconded by Buchanan,
to. adopt Report No. 13, with CC -33 being denied, with all others
68 MAY 13, 1985
being zoned R -3. Unanimously carried by voice vote. Carmichael
absent.
Don Skone addressed Staff Report No. 14, Miller Park Area map change
requests. He stated at the last study session, it was the consensus
of the Council to grant CC -28 a B -1 zoning and grant CC -69 for the
two square blocks a R -3 zoning. It was also Council's consensus not
to grant the B -2 zoning for the park and area immediately after it,
but grant B -1 zoning for that area. Fred Halverson stated he is
happy with the consensus for CC -28 and is available to respond to
any questions. It was MOVED by Foy, seconded by Berndt, to approve
CC -28 as B -1 'zoning. Unanimously carried by voice vote. Carmichael
absent. It was MOVED by Berndt, seconded by Foy, to grant CC -69 ' as
R -3 zoning. Unanimously carried by voice vote. Carmichael absent.
It was MOVED by Foy, seconded by Buchanan, that CC- 66 .be.granted, as
corrected, to 'B -1 zoning. Unanimously carried by voice vote.
Carmichael absent.
Don Skone reviewed Staff Report No. 15, Stewart Street /Kumler -Field
Neighborhood map change requests, commenting that CC -82 is a request
by numerous property owners in this area for R -1 zoning. The area
is proposed to be zoned R -2. It was the general consensus of the
Council at the May 6th study session to grant R -1 zoning, subject to
any testimony today. David Ferris, 702 Stewart, stated that about
five years ago someone wanted to build a large apartment complex in
this area and he submitted a petition with 50 names on it who were
against this development. He further stated that, contradictory to
the staff report, there is no access to this property from Cornell.
Eric Silvers, 707 Stewart, stated he would not like to see this area
become R -2. It was MOVED by Foy, seconded by Buchanan, to grant the
request of R -1 zoning. Unanimously carried by voice vote. Carmichael
absent.
Don Skone referred to Staff Report No. 16, North 8th Street map
change request, stating that Mary Hersey and others had submitted
CC -25 requested CBDS-zoning. He 'stated staff has reviewed this and
during the study session last week Council's general consensus was
to extend a B -1 zoning rather than the requested CBDS zoning. It
was MOVED by Beauchamp, seconded by Sparling, to accept the staff
recommendation and grant the B -1 zoning. Unanimously carried by
voice vote. Carmichael absent.
Judd Black referred to Staff Report No. 17, North 16th Avenue and
Fruitvale Boulevard map change requests, commenting that at the May
6th study session, it was the general consensus of the Council to
grant CC -37, CC -56, CC -60, CC -67 and CC -74 as•CBDS zoning, from the
R -2 zone, as proposed. It was MOVED by Foy, seconded by Berndt, to
adopt the staff recommendation for CC -37, CC -60, CC -67, CC -56, and
CC -74 to CBDS zoning. Unanimously carried by voice vote. Carmichael
absent.
Judd Black reviewed Staff Report No. 18, Map Change Requests
Recommended for Approval, stating it was the general consensus of
the Council at the last study session to concur with this report,
except for CC -65, which was agreed to be changed to R -3 zone.
Gordon Wonder, speaking to CC -83, 3rd Street area between Pacific
and Arlington Avenues, stated he concurs with the rezone request;
however, he reported there is mix -up in communication regarding his
request. He stated he wants the entire six square block area
rezoned. The recommendation is for those properties previously
zoned M -1. He commented that this entire area has been previously
zoned M -1, with the exception of five blocks. City Manager Zais
reported that about a year and a half ago, the City received - a
request from Associated.., Grocers for M -1 zoning. There were
approximately three or four people south of the rezone area who did
not object to' the rezone, but were adamnant that their area remain
R -3', so 'staff_ suggested that this area 'remain as R -3 zoning. He
stated Noel's two lots could be included as M -1. Mr. Gordon stated
that Noel owns two lots and would like M -1 zoning. It MOVED by
Foy, seconded by Berndt, that CC -83, as stated on the east side of
MAY 13, 1985 6 9
South,3rd Street to Naches, between Pacific and Arlington; including
the two lots beyond Naches, currently owned by Noel Corporation, be
zoned M -1. Unanimously carried by voice vote. Carmichael absent.
Council member Foy requested clarification on CC -87, asking if it is
going to be zoned LCC. Mr. Black responded that it is being
considered B -2 zoning. Jinn Siegel, representing the owner of
the property under CC -87, commented they were disappointed with the
B -2 zoning. He stated they felt the LCC zoning would be more
appropriate since the description of LCC zoning more closely fits
the description of this property. He stated that LCC offers some
uses that can't be in B -2, that would be appropriate for that area.
Following discussion, it was MOVED by Foy, seconded by Beauchamp, to
adopt Report No. 18, with the following two corrections; CC -55
should be R -3 and CC -87 should be B -2. Unanimously carried by voice
vote. Carmichael absent.
Council next considered Staff Report No. 19, Map Change Requests
Recommended For Denial. It was MOVED by Foy, seconded by
Sparling, that CC -9 be granted B -1 zoning. Unanimously carried by
voice vote. Carmichael absent. It was MOVED by Berndt, seconded by
Foy, to not grant the request for CC -20. Unanimously carried by
voice vote. Carmichael absent. It was MOVED by Berndt, seconded by
Foy, to not grant the request of CC -10. Unanimously carried by
voice vote. Carmichael absent. It was MOVED by Foy, seconded by
Beauchamp, to not grant the request for CC -27. Ernest Falk stated
he read the staff :report. He stated he purchased this property with
the "intention of putting multi- family on it. He commented that the
City requested than to annex so the City could get a water line to
the City's reservoir. He stated he agreed to this annexation, with
the condition that he would get R -3 zoning. The City agreed, saying
they did not want any big apartment complexes, so a restricted
covenant was signed. He reported he built his first duplex in 1965.
He stated the report also says the site is not supported by sewer
service. He disagreed, saying he has sewer, which he paid to have
brought over from Fellows Drive. He concluded by commenting that he
made an agreement with the City in good faith and, annexed to the
City so they could connect to the reservoir. Council member Foy
stated that in light of this information, he would withdraw his
motion to not grant the rezone. He stated he would like some legal
research done on this. Council member Beauchamp withdrew his second
to the motion. It was MOVED. by Foy, seconded by Buchanan, that
CC -27 be referred back to staff so we may get additional information
on this again. Unanimously carried by voice vote. , Carmichael
absent. It was MOVED by Foy, seconded by Berndt, to grant the
request for R -3 zoning for CC -43. Unanimously carried by voice
vote. Carmichael absent. It was MOVED by Berndt, seconded by Foy,
to grant the zoning for R -2 for CC -50. Glenn Krieger stated he is.
pleased -with this action. The question was called for a vote on the
motion. Unanimously carried by voice vote: Carmichael absent. - It
was MOVED by Foy, seconded by Sparling, that CC -52 not be granted.
Helen White stated she had requested the entire block be rezoned to
CBDS and now only one parcel is being considered for CBDS
designation. She stated the whole block should be compatible with
the property between Pitcher and the one way, street. Don Skone
stated the just referred to this and it really does include the
entire area she mentioned. Mayor Barnett commented that apparently
staff misunderstood Mrs. White's request. Council members-Foy and
Sparling withdrew their motion and. second. It was. MOVED by Foy,
seconded by Sparling, that this matter be referred back to the staff
for recommendation on this request for the inclusion of the area
between Chestnut and Pitcher. in the 900 block. Unanimously carried
by voice vote. Carmichael absent. It was MOVED by Berndt, seconded
by Foy, to grant the R -3 request for CC -54. Unanimously carried by
voice vote. Carmichael absent. It was MOVED by Berndt, seconded by.
Foy, to not grant the request for CC -57. Fred Linker stated he
requested a B -2 zoning so he could start a business on that
property. He stated there shouldn't be any problem because on the
east side of his property is the Broadway School parking lot and the .
other side is Mayhak's Machine Shop, and on the south side of
Washington are four houses. The question was called for a vote on
70 MAY 13, 1985
the motion. Unanimously carried by voice vote. Carmichael absent.
It was MOVED by Foy, seconded by Berndt, to grant the R -3 .zoning. for
CC -64 and CC -71. Unanimously carried by voice vote. Carmichael
absent. It was MOVED by Berndt, seconded by Foy, to not grant the
request for M -1 zoning, as requested in CC -70. Unanimously carried
by voice vote. Carmichael absent. It was MOVED by Foy, seconded
by Berndt, to grant the B -1- .zoning . request in CC -78. Unanimously
carried by voice vote. Carmichael absent. It was MOVED by Foy,
seconded by Sparling, to grant the R -3 request in CC -80.
Unanimously carried by voice vote. Carmichael absent. It was MOVED
by Berndt, seconded by Foy, to grant the SCC zoning to CC -84.
Unanimously carried by voice vote. Carmichael absent. It was MOVED
by Berndt, seconded by Buchanan, to not grant the request for rezone
for CC -85. Jack Humphries referred to the map', and commented that
he can see this area is going to go business on both sides of this
street. He stated it seems it would make Yakima more tax money by
granting that all B -2. He further stated he is at 34th Avenue and
Nob Hill Boulevard, not 35th and Webster, as stated in the staff
report. Council members Berndt and Buchanan withdrew their motion
and second. It was MOVED by Buchanan, seconded by Berndt, to refer
this matter back to staff. Unanimously carried by voice vote.
Carmichael absent. Max Vincent, representing Roy Johnson, spoke to
CC -97. He stated that Mr. Johnson's property is included in this
request, however, it was done without his consent. He stated he
would like this property withdrawn from this application. Mr.
Johnson's parcels are,181321- 41413, 415, and 416. He stated that
the requested zoning would be incompatible with his present
business. Jim Siegel, representing Dr. Brandt, distributed a map
showing the requested map change and stated that since they made
their initial request, they received information from Mr. Johnson
that he does not want B -1 zoning. He stated they will delete his
property from this request. He spoke about the lack of B -1 zoning
in the West Valley area. He referred to a map of the area and
pointed out the houses and property in that area that would be non-
conforming if that area is not zoned B -1. It was MOVED by Buchanan
to accept the staff recommendation of denial. The motion died for
lack of a second. It was MOVED by Berndt, seconded by Sparling, to
send this back to staff and obtain additional information on the
zoning of the day care. Unanimously carried by voice vote.
Carmichael absent. It was MOVED by Foy, seconded by Berndt, to
approve R -2 zoning for CC -35. Unanimously carried by voice vote.
Carmichael absent. It was MOVED by Berndt, seconded by Foy, to
grant the request for a change to R -2 zoning for CC -53. Unanimously
carried by voice vote. Carmichael absent.
Commissioner Tollefson stated that the next issue before the
Commissioners and Council would be Staff Report No. 10, Report' on
Penalty Provisions of. the Urban Area Zoning Ordinance and Report No.
11, Proposed Text Amendment to Clarify the Provisions for Swimming
Pools. There being no citizen wishing to speak to either of these
issues, it was MOVED by Klarich, seconded by Whiteside, to continue
Reports Nos. 10 and 11 to the next public hearing. - Tollefson
concurred and the motion carried. It was MOVED by 'Berndt, seconded
by Foy, to continue Reports Nos. 10 and 11 to the next public
hearing. Unanimously carried by voice vote. Carmichael absent.
It was MOVED by Berndt, seconded by Foy, to continue this meeting to
Monday, June 3, 1985 at 3:00 p.m. in the Council Chambers at City
Hall. Unanimously carried by voice vote. Carmichael absent.
It was MOVED by Klarich, seconded by Whiteside, to continue this
hearing to June 3, 1985 at 3:00 p.m. in the Council Chambers of City
Hall. Tollefson concurred and the motion carried.
Discussion followed regarding the scheduling of a study session to
discuss signs, hearing examiner and manufactured houses. It was the
general consensus of the Council and Commissioners to tentatively
schedule this for study session for Thursday, May 23, 1985 at
3:00 p.m.
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MAY 13, 1985
The meeting was adjourned at the hour of 6:00 'p.m.
READ AND CERTIFIED ACCURATE BY (2(21- A c bi- DateZ,s=J1
Co it il Member •
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City Clerk Mayor
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