HomeMy WebLinkAboutR-2006-068 Remanding Wal-Mart Superstore Rezone to Hearing ExaminerRESOLUTION NO. R-2006-68
A RESOLUTION remanding to the Hearing Examiner the Hearing Examiner's decision of
January 21, 2006, approving with conditions a Wal-Mart Superstore at
South 64th Avenue and West Nob Hill Boulevard, to re -open the
open -record public hearing in this matter, and setting a date of June 19,
2006, for such re -opened hearing.
WHEREAS, on January 21, 2006, the Hearing Examiner rendered a decision approving
with conditions the proposed Wal-Mart Superstore at South 64th Avenue and West Nob Hill
Boulevard; and
WHEREAS, on April 17 and 19, 2006, the City Council heard appellate argument from
Concerned Citizens of Yakima and Wal-Mart regarding the Hearing Examiner's decision and the
record supporting that decision; and
WHEREAS, on April 19, 2006, the City Council determined that the record supporting
Condition No. 18 in the Hearing Examiner's decision was incomplete and/or insufficient insofar
as how state noise standards should apply to determine whether sound absorption panels are
necessary to shield Wal -Mart's proposed rooftop and ground -level mechanical equipment, and
whether that mitigation will result in acceptable noise impacts under the appropriate standard or
should additional mitigation or more stringent standards be imposed, and if so, what should they
be; and
WHEREAS, on April 19, 2006, the City Council determined that the record supporting
Condition No. 47 of the Hearing Examiner's decision was incomplete and/or insufficient insofar
as the Yakima Municipal Code does not define "place of public assembly" and whether the
proposed Wal-Mart Superstore is a "place of public assembly," and whether Wal -Mart's
proposed location poses a threat to public safety, either or both in violation of the City's ASO,
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The Hearing Examiner's decision, dated January 21, 2006, is hereby remanded to the
Hearing Examiner to re -open the open -record public hearing on the Wal-Mart application for a
superstore at South 64th Avenue and West Nob Hill Boulevard solely for the purpose of taking
public testimony on Condition Nos. 18 and 47 and revising his decision accordingly as those
conditions relate to (1) what is the appropriate noise standard to be applied to the proposed
Wal-Mart Superstore and whether the proposed mitigation or additional mitigation is required,
and (2) is a Wal-Mart Superstore at this proposed location a "place of public assembly" and/or a
threat to public safety, in violation of the City's ASO, including, but not limited to, fact-finding
and inquiry into the decision-making process and position of the Airport Board concerning the
ASO and the proposed Wal-Mart Superstore.
It is further resolved that the Hearing Examiner will conduct said re -opened open -record
public hearing on or about Monday, June 19, 2006, to be completed by Friday, June 23, 2006.
ADOPTED BY THE CITY COUNCIL THIS 2"d DAY OF MAY 2006.
ATTEST:
City Clerk
2
avid Edler, Mayor
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. S
For Meeting of May 2, 2006
ITEM TITLE: Resolution remanding to the Hearing Examiner the Hearing
Examiner's decision of January 21, 2006, approving with conditions a
Wal-Mart Superstore at South 64th Avenue and West Nob Hill
Boulevard, to re -open the open -record public hearing in this matter,
and setting a date of June 19, 2006, for such re -opened hearing.
SUBMITTED BY: William R. Cook, Director of Community and Economic
Development Department
CONTACT PERSON/TELEPHONE: Doug Maples, Code Administration and Planning
Manager (509) 575-6121
SUMMARY EXPLANATION:
On April 19, 2006, the City Council remanded to the Hearing Examiner conditions
#18 and condition #47 in the Hearing Examiner's decision dated January 21, 2006.
(See Resolution for item description)
The Remand Hearing is scheduled at the Yakima Convention Center, 10 North
Eighth Street, Yakima, WA, Room D for June 19th at 6:00 p.m.
Resolution X Ordinance Other (Specify)
Contract Mail to (name and address):
Funding Source
Phone:
APPROVED FOR SUBMITTAL: ( h
City Manager
STAFF RECOMMENDATION:
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
Resolution adopted as amended to include inquiry by Hearing Examiner as
to whether letter from Airport Chairman regarding Airport Safety Overlay
issue was endorsed by the Airport Board. RESOLUTION No. R-2006-68