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
•