Loading...
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. 71 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 • / • . • V—.c..././■r ', Date 6 —7-s<-6 . . . . . C..1 ci 4 , . • Attest: _ l/2-ze City Clerk Mayor .. . . . . . . . , . , . • .. . , . . . , . . . . . . . . . . . . . . • • . . .. - • . . . . . . . . • . . , . . . , . . , . . . • • . . . . . . . . , . . , .