HomeMy WebLinkAboutR-2021-164 Closed record public hearing and Resolution to consider the Hearing Examiner's recommendation regarding the master planned development and development agreement submitted by Roberto Arteaga and Araceli Gonzales Tello located at 9503, 9509,A RESOLUTION
RESOLUTION NO. R-2021-164
approving the Master Planned Development (PD#001-21) and authorizing
and directing the City Manager to execute a Development Agreement with
Roberto Arteaga and Araceli Gonzales Tello (herein after "Developer") to
provide for the terms and conditions of development of a preliminary short
plat and planned development to be located at 9503, 9509, and 9515
Tieton Dr., in the City of Yakima.
WHEREAS, on March 26, 2021, Roberto Arteaga and Araceli Gonzales Tello, submitted
an application for a eight (8) lot preliminary short subdivision and planned development located
at 9503, 9509, and 9515 Tieton Dr. (the "Project") for seven residential lots and one commercial
lot; and
WHEREAS, Developer has obtained development rights for three parcels of
approximately 2.03 acres at 9503, 9509, and 9515 Tieton Dr., Yakima, Washington (the
"Property") is legally described in the Development Agreement as Exhibit "A", attached hereto
as Exhibit "A" and incorporated herein by this reference; and
WHEREAS, the City of Yakima (herein after "City") is a first class charter city incorporated
under the laws of the State of Washington and has the authority to enact laws and enter into
agreements to promote the health, safety, and welfare of its citizens and thereby to control the
use and development of property within its corporate limits; and
WHEREAS, the City has the authority to enter into development agreements with those
who own or control property within its jurisdiction pursuant to RCW 36.70B.170 through
36.70B.210, and YMC § 15.28.050; and
WHEREAS, on May 28, 2021, the City issued a Notice of Application and Environmental
Review for the Project; and
WHEREAS, Developer has proposed separate legal parcels by a subdivision of the
property, as defined in YMC § 14.10.020 and described in YMC Chapter 14.15; and
WHEREAS, the specific proposed use of the property identified by Developer is that of a
mixed -use master planned subdivision; and
WHEREAS, Developer intends to take appropriate steps to comply with environmental
and land use requirements related to development of the property; and
WHEREAS, the City of Yakima Planning Division conducted environmental review of the
Project under the State Environmental Policy Act ("SEPA") and issued a Determination of
Nonsignificance ("DNS") on the Project on August 6, 2021; and
WHEREAS, on September 9, 2021, the Hearing Examiner held an open record public
hearing in consideration of the Project; and
WHEREAS, on September 23, 2021, the Hearing Examiner issued his land use
recommendation proposing that the Project be approved subject to conditions, attached hereto
as Exhibit "B" and incorporated herein by this reference; and
WHEREAS, on December 7, 2021, after notice duly given according to the requirements
of the City of Yakima Municipal Code, the City Council held a closed record public hearing and
adopted the recommendation of the Hearing Examiner; and
WHEREAS, the City has determined that the Project is a development for which this
Agreement is appropriate, and desires to enter into this Agreement. This Agreement will
amongst other things, implement the conditions in the Final Decision, eliminate uncertainty over
development of the Project, provide for the orderly development of the Project consistent with
the City's current Comprehensive Plan and zoning for this Property, mitigate environmental
impact, and otherwise achieve the goals and purposes for which the Development Agreement
Statute was enacted; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
Section 1. Incorporation of Recitals. The above recitals are hereby incorporated into
this resolution.
Section 2. Incorporation of the Hearing Examiner's Recommendation and
Conditions of Approval. The Hearing Examiner's Recommendation is hereby adopted and
ratified by the Yakima City Council as its conditional decision and approval of the Application
herein. A copy of the Recommendation is attached hereto as Exhibit "B" and fully incorporated
herein by this reference.
Section 3. Findings. The Yakima City Council adopts the findings of the Hearing
Examiner as its own findings herein, and further finds that the requirements of RCW §
58.17.110 have been met.
Section 4. Development Agreement. The City Manager of the City of Yakima is hereby
authorized and directed to execute the attached and incorporated Development Agreement. The
Yakima City Council, after a duly noticed public hearing, has determined that execution of this
Agreement furthers the public health, safety and general welfare, and that the provisions of this
Agreement are consistent with the Comprehensive Plan and applicable development
regulations.
Section 5. Severability. If any section, subsection, paragraph, sentence, clause, or
phrase of this resolution is declared invalid or unconstitutional for any reason, such decision
shall not affect the validity of the remaining portions of this resolution.
ADOPTED BY THE CITY COUNCIL this 7th day of December, 2021.
ATTEST:
Jodi Stephens, Actinfg City Clerk
P
tricia Byers, May
1
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 7.
For Meeting of: December 7, 2021
Closed record public hearing and Resolution to consider the
Hearing Examiner's recommendation regarding the master planned
development and development agreement submitted by Roberto
Arteaga and Araceli Gonzales Tello located at 9503, 9509, 9515
Tieton Drive
Joan Davenport, Al CP, Community Development Director
Joseph Calhoun, Planning Manager
Eric Crowell, Senior Planner (509) 576-6736
SUMMARY EXPLANATION:
This is a master planned development submitted by Roberto Arteaga and Araceli Gonzales Tello
consisting of seven residential lots, to be improved with 14 duplex units, and a commercial lot.
This site is located in the Single -Family Residential (R-1).
The Hearing Examiner held an open -record public hearing on September 9, 2021 and submitted
a recommendation for approval on September 23, 2021.
Please refer to the complete hearing record which was distributed to City Council in the agenda
packet on November 16, 2021 and can be found online at:
https://www.yakimawa.gov/council/agendas-and-minutes/
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Neighborhood and Community Building
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution
ATTACHMENTS:
Description Upload Date
0 Resolution 11/24/2021
Type
Resolution
2
D Resolution Exhibits 11/24/2021 Exhibit