Item Coversheet

BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT

Item No. 11.
For Meeting of: February 20, 2018

ITEM TITLE:Closed record hearing to consider an appeal of the Hearing Examiner's decision regarding a proposed 80-unit affordable housing community known as Bicycle Apartments LLC
SUBMITTED BY:
Joan Davenport, AICP, Community Development Director

Joseph Calhoun, Planning Manager (509) 575-6042

SUMMARY EXPLANATION:

Before the Council is an appeal of the Hearing Examiner's decision affirming the SEPA Determination of Nonsignificance and Class (2) use permit for the proposed 80-unit affordable housing community. Council was provided the full record for review (Council--please bring your binder to the meeting) ahead of the closed record hearing on February 20, 2018.

 

The Council sits as the appellate body and this appeal review is limited to the evidence submitted to the Hearing Examiner as part of the original decision. No new evidence may be presented or evaluated during the appeal process. 

 

The Hearing Examiner's Decision was appealed on November 15, 2017 by Bicycle Apartments LLC, and on November 17, 2017 by James K. Adams. Pursuant to YMC 15.16.050, a Notice of Appeal was sent to the applicant, appellant, and parties of record on November 21, 2017. The 30-day comment period for parties of record to submit written argument or memorandum ended on December 21, 2017. A 15-day rebuttal period to respond to the written argument or memorandum began on December 22, 2017 and ended on January 5, 2018. See Chapter BB for the Appeal Applications, Chapter CC for responses and rebuttal, and Chapter H.12 for the Notice of Appeal.

 

Council will have an opportunity to deliberate, in closed session if desired pursuant to RCW 42.30.140(2), after the closed record hearing. The Council must make its decision on the date the hearing is held, including making any modifications to the Hearing Examiner's decision. Council’s decision must be rendered at the conclusion of the hearing.

 

The complete record is available for review online at: https://www.yakimawa.gov/services/planning/next-step-housing/

ITEM BUDGETED:NA
STRATEGIC PRIORITY:Neighborhood and Community Building
APPROVED FOR SUBMITTAL: City Manager

STAFF RECOMMENDATION:

This is an appeal. The Council sits as the appellate decision makers with the following four options:

1. Affirm and adopt the Hearing Examiner's Decision;

2. Remand the issue back to the Hearing Examiner with instructions;

3. Modify the Hearing Examiner's Decision with written findings and conclusions; or

4. Reverse the Hearing Examiner's Decision with written findings and conclusions.

BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
DescriptionUpload DateType
Vicinity Map2/12/2018Backup Material