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HomeMy WebLinkAbout06/03/1985 Special Meeting - 82 JUNE 3, 1985 SPECIAL MEETING URBAN AREA PLAN AND ZONING ORDINANCE The City Council and County Commissioners met on this date at 3:00 p.m. in the Council Chambers of City Hall, Yakima, Washington, for the purpose of holding a joint public hearing on a cannon zoning ordinance for the Yakima Urban Area. County Commissioners present were Graham Tollefson, Chuck Klarich, and Jim Whiteside. County staff present were Dick Anderwald, Director of Planning, and Assistant Planning Director, Mark Hinthorne. City Council members present were Mayor Clarence Barnett, Pat Berndt, Henry Beauchamp, Lynn Buchanan, Lynn Carmichael, Jerry Foy and Jack Sparling. City staff members present were City Manager Zais, City Attorney Andrews, Assistant City Manager Stouder, Director of Community & Economic Development Rice, Associate Planners Judd Black and Don Skone, and Deputy City Clerk Barbara Toney. Commissioner Tollefson reviewed the hearing process and opened the hearing. Associate Planner Don Skone read into the record a letter of protest from Ronald J. Zaremba. The letter is in regard to property at 700 West Walnut (Exhibit CC -20) with the proposed zoning of Historical Business. Mr. Skone stated a letter was also received from Ernie Falk requesting continuation of Exhibit CC -27, as he is unable to attend today's hearing. He also indicated an amended Exhibit CC -97 was submitted by Jim Slegel for consideration today. Mayor Barnett indicated the Falk matter will be deferred until the next meeting. Regarding CC -52, Helen White, Mr. Skone indicated staff had considered this as a single lot change, however, Mrs. White has requested half of the block between 9th and 10th on Pitcher Street be rezoned to Central Business District Support. Staff recommends the half block remain R -3. There being no one present to speak for or against the recoiinuendation, it was MOVED by Foy, seconded by Buchanan, that CC -52 for CBDS not be granted. Unanimously carried by voice vote. Mr. Skone indicated the•correct zoning has already been granted by Council on CC -85; Jack Humphries, by Council's action on Nob Hill Boulevard, therefore, no action is neccessary today on this request. Regarding CC -97, Lombard, Brandt, Dewar and Siegel, Mr. Skone noted that this request has been amended from the original request of 30 acres (in the vicinity of 51st Avenue and Summitview) to approximately 3.5 acres for the Kindercare site and for new professional office development. Mr. Skone indicat- ed staff is reconn the property remain R -2. Jim Slegel, 407 Wickersham Road, Yakima, presented an arterial photograph of the properties. Mr. Slegel described the subject property and surrounding property under consideration. Mr. Slegel stated the Kindercare development provides a suitable buffer between residential and business zoning. He indicated the property owned by Mr. Dewar at 5012 Simmitview is more suitable for Business Zoning rather than residential due to it's surroundings. He indicated property owned by Dr. Brandt meets all of the criteria to serve as a buffer between the residential area to the east, and the commercial on the west. Warren Dewar, 5012 Summitview, addressed Council regarding his property, stating he purchased the property two years ago relying on the fact that the surrounding orchard was R -1. He stated the commercial property located next door, and other businesses in that area, make his property undesirable as R -1, and is seeking B -1 zoning for this property. Max Vincent, attorney representing Roy Johnson, spoke in support of the B -1 zoning. He indicated Mr. Johnson has approximately 9 acres of orchard which is zoned SR and desires to maintain this zoning, however,:. he concurs with Mr. Dewar's request for B -1 zoning of his property. There being no other citizens present wishing to speak regarding the property in question, it was MOVED by Foy, seconded by Berndt, that the B -1 zoning be granted. Carried by 5 -2 voice vote. Buchanan and Carmichael voting nay. Council member Foy requested the record show he was excused and absent from the meeting as of 3:47 p.m. Exhibit CC -19, 28th Avenue & Bonnie Doon, Mr. Skone indicated staff concurs with the request of B -2 for this property. It was MOVED by Beauchamp, seconded by Sparling, that the B -2 request be granted. Unanimously carried by voice vote. Foy absent. • JUNE 3,'_-1985 8 3 The map changes before the City Councii.having been considered, the gavel was • turned over to Commissioner Tollefson to.,conduct actions necessary by County Commissioners. Commissioner'Tollefson asked 'Mark Hinthorne to present the map change requests in the unincorporated urban area for consideration and action. Mr. Hinthorne indicated a request had been received from. Verna Beggs,... and twenty -eight of her neighbors, (BOCC -26) to change the .proposed zoning of the Fairview -Sumac and East Fairgrounds Area from R -2 to CBD Support. The Yakima Planning Department is recommending. the zoning remain R -2 for the .following reasons: 1. The County and federal government has expended over 1 million dollars to provide water and sewer service to the Fairview /Sumac area and the East Fairgrounds Area. This major public investment would be negated if the area were rezoned from residential to commercial; 2. Changing the zoning would make all of the existing residences in the area nonconforming uses; 3. The change to CBD Support. would be inconsistent with the development and compatibil- ity criteria adopted in the Urban Area Plan; and 4.. The.need for an additional 600 acres of commercial zoning in the. area has not been shown. Lola Gonzales, 617 South 15th Street, spoke in favor of the zone change to CBD Support, indicating she and her husband would like to open a small business in their home. Loretta Wells, 4414 Jerome Drive, spoke in favor of the area being zoned CBD Support. She owns property in that area and would like to build storage units or place mobile homes in the area. Dennis Daily, 1302 East Adams Street, spoke against the zone change to CBD Support. Arland Scott, .807 South 13th Street, and Lorrie Longmire, 813 South 13th Street, also spoke against:: the . zoning. being - changed from residential to business zoning.' Robert Wright, Fairview Fire Department, spoke in favor of the business zoning, indicating he would like to see some small businesses located in this .part of the City . .. Loren Gayken, 1403 Adams, spoke against businesses moving into this area :. Verna Beggs, 1204 East Spruce, spoke in favor of the area being rezoned to Central Business District Support. Mrs. Beggs stated the» area will not be receiving additional community development block grant funds ;'.as these funds due to phasing out of the . program. by the federal government. She stated the only way to improve the area is by rezoning and'. allowing-businesses to.be.• established there. Violet Reed, 1506 East Beech Street, indicated she and her husband attempted to start a go -cart track in the area, and were not allowed to do so. She stated she would like the area rezoned to allow the area. Commissioner Whiteside stated he feels the CBDS zoning would be too broad and a sweeping change, therefore, it was MOVED by Whiteside,.''seconded by Klarich, to maintain the residential zoning for this area. Motion carried unanimously. Mark reviewed of BOCC -17, a request made by Eugene Luisi to change the proposed zoning south of Cavanaugh Road, between Victory Lane • and Keyes Road, from SR -1 to M -1. Mr. Luisi is requesting reconsideration of his map change request. Mr. Hinthorne stated the County Planning Department's reconanendation is to retain the SR zoning for the east side of Keys Road. Mr. Luisi stated he had obtained signatures of 75% of the property owners on e west side who are favoring the M -1 zoning request. He gave a brief overview of the history of his business which had been located in the vicinity at one time. Mr. Luisi indicated the area is unsuitable for residential zoning. Pat Andreotti, attorney representing Mr. Luisi, presented three photographs . wh.ic — Fi were marked as Exhibit No. 81, and made a part of the record. Mr. Andreotti stated there has been no new residential or suburban residential type uses for at least 10 years, and the area will ultimately be rezoned to light industrial. He stated it seems appropriate at this time to proceed with the zone change to light industrial. Mr. Luisi also presented signatures of over 85% of the people in the area who are in favor of the light industrial zoning. Citizens speaking against the light industrial zoning, and against re- establishment of Mr. Luisi's trucking business in the area were Brad Huber, 413 Keys Road, Bill Taylor, 424 Victory Lane, D.E. Kallenberger, 427 Keyes Road, and : Rosa ee Barnhart, 502, Victory Lane. Their objections were.based .upon past experiences with Mr. Luisi and his trucking business which was located in the residential area. These objections included traffic hazards; noise, and a desire for the area to remain residential without anymore businesses being allowed therein. It was MOVED by Klarich, seconded by Whiteside, to deny Mr. Luisi's request, believing there is a natural boundary there at Keyes Road. Unanimously carried. Don Skone, Associate Planner, reviewed Report #10 on proposed ,text amendments to Chapter 23 Revocation of Permits,. and Chapter 24 - .Violations and Enforce- • ment, and responded to questions regarding this report. Following a brief discussion, it was MOVED by Klarich, seconded by Whiteside, to adopt the draft language of Chapter 23 as amended and recommended by staff, and adopt'Chapter 24, with one minor change: in- 24.020.2, (special penalty) remove the words "for not less than 10 days," and change the word "nor" to "not" in line 6, to then read "upon conviction, the punishment be imprisonment not more than 90 days and by a fine of not less than $250, or not more than $ - 500. Discussion ensued regarding objections to the language as written in the ordinance. It 8 4 JUNE 3, 1985 was the general consensus of the Council and Commissioners to withdraw the motion and the second, and direct staff to bring back an amendment to the text with regard to Chapter 23 and 24. Mark Hinthorne reviewed Report #11 regarding swimming pool provisions, and responded to inquiries from Council members and Commissioners. There being no one present wishing to address this portion of the text, it was MOVED by Berndt, seconded by Carmichael, to accept the staff report as written. Unanimously carried by voice vote. Report #23 regarding proposed text amendments to Table 4 -1 was also reviewed by Mark Hinthorne. He indicated the first part of the report includes an evaluation of changes to Table 4 -1 which had been requested by citizens at former public hearings. The second part of the report is a proposed list of uses for the Historical Business District, and the third part of the report lists changes being reconniended by City and County Planning Departments to Table 4 -5. The hearing was then opened for public comment and testimony. James Siegel, 407 Wickersham Road, stated he has requested the deletion of distinctions on operating hours of gas stations and grocery stores, and to allow them as Class (1) uses in all corruiiercial zones. He indicated since his request, staff has reconu making them Class 1 uses and deleting the distinctions in LCC, CBD and CBS Districts. Mr. Slegel stated this does not really address the problem since these stores are typically B -2 uses. He stated he also feels businesses should be allowed to have the same hours of • operation, and that the distinction of hours of operation should be made at the time of zoning. - • Frank Glaspey, 1200 Ahtanum, asked that mobile home parks be allowed in the M -1 zone. He indicated adequate protection could be provided for mobile home parks as well as adjacent commercial uses through the Class (1) process. Mr. Glaspey also suggested consideration be given to the idea of permitting mobile homes on individual lots in industrial areas if they are compatible. He offered Quick Lock Corporation as an example, stating mobile homes have been established in that area by employees of Quick Lock. Mr. Glaspey also requested consideration be given to allowing convenience stores in M-1 zones, and that owner /caretaker single family residences should be allowed in an industrial or coiiuiiercial area. It was the general consensus of those present to continue action on Report 23, 24, and 25 to the next hearing. • Commissioner Tollefson gave citizens present an opportunity to address Council and Commissioners regarding the proposed map changes and zoning ordinance. Jerry Olson, representing Yakima Valley Church, questioned the possibility of proposing a zoning change at a future Council meeting, and the proper procedure to submit that proposal. Mayor Barnett responed, stating the deadline had passed to submit those map change requests, and referred Mr. Olson to Glenn Rice, Director of Community & Economic Development, for followup. It was MOVED by Whiteside, seconded by Klarich, to adjourn at the hour of 5:45 p.m., and to continue the public hearing to July 17th,'1985 at 3:00 p.m. in the Council Chamber of City Hall. Unanimously carried by voice vote. by It was MOVED4Buchanan, seconded by Carmichael, to adjourn at the hour of 5:45 p.m., and to continue the public hearing to July 17th, 1985 at 3:00 p.m. in the Council Chambers of City Hall. Unanimously carried by voice vote. Sparling absent. READ AND CERTIFIED ACCURATE BY: /Or o i . em. -r Date Al PEST: • , D e p u City Cler .r •