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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