On August 18, 2015, the City Council heard the appeal of the City of Yakima and Maud Scott regarding the above-referenced hearing Examiner’s Interpretation regarding Yakima Neighborhood Health Services’ (YNHS) use proposed for the Roy’s Market site.  After consideration of the record, together with the testimony, argument and briefing at the appeal hearing, the City Council, by a vote of 4-3, granted the appeal and reversed the hearing examiner’s Interpretation.  Pursuant to YMC 15.16.050, if the City Council reverses the hearing examiner, it must adopt findings of fact and conclusions of law supporting its decision.

The attached Resolution contains the proposed Findings of Fact, Conclusions of Law and Decision supporting the City’s Council’s decision rendered on August 18, 2015. The City of Yakima’s appeal did not seek to reverse that portion of the hearing examiner’s interpretation where he construed the existing use classifications for “community center” and “mixed-use building.”  Therefore, that portion of the hearing examiner’s Interpretation would remain effective.  The proposed Findings of Fact and Conclusions of Law support the decision of the City Council reversing the Interpretation of the hearing examiner insofar as it disregarded prior Interpretations of the hearing examiner defining the “mission” use, refused to exercise jurisdiction granted pursuant to YMC 15.04.040 and Chapter 15.22 YMC, and concluded that the YNHS proposed use constituted a Class (3) use allowed upon the Roy’s Market site in the SCC Small Convenience Center zoning district.

Staff recommends adoption of the Findings of Fact, Conclusions of Law and Decision set forth in the attached Resolution.