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Council must justify land-use decision
- By Martha Goudey
- Published 06/4/2008
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A May 13 city council decision will be under scrutiny at the next city council meeting June 10.
Council members Herb Schmidt, Denise Nichols, and Summer Derrey, will need to present findings to support their vote to deny a planning commission recommendation to the city.
The South Selah Neighborhood Association requested the city to redesignate three parcels on Southern Avenue to low density and rezone them to R-1, single family residential, from the current high-density designation, and R-3, multiple family residential zoning. The SSNA made the request in November 2006.
Torkelson Construction Co. owns two of the parcels on Southern Avenue and is currently building on one of the properties.
In response to the council’s decision Torkelson has filed a LUPA petition, asking that the court review the council’s land-use decision. LUPA appeals are used to settle land-use disputes.
City Attorney Bob Noe said the council will have to justify their decision at the next council meeting.
“They can’t really defend a decision if it is not supported,” he said.
But, Noe said, he was fairly certain the council has findings to back their decision.
Torkelson claims the city granted building permits for his project, but then the council decision, if upheld, will result in the devaluation of his property.
At the May 13 meeting, Nichols said she was concerned that property owners in the area had not been given proper notice of zoning changes, nor were they given an adequate opportunity to provide input on the changes.
“I’m not pro or con high or low density,” she said. “There’s a neighborhood that was not properly kept in the loop.
Nichols said property owners have the right to come forward and say circumstances have changed and to request consideration and a zoning change, she said.
The city is involved in another LUPA appeal over a council decision to deny Matson Fruit Company a rezone of property to build a fruit warehouse in the city’s designated commercial district.
Noe said simultaneous LUPA appeals are not unusual in a small town if there is a lot of development going on.
“This is symptomatic that Selah is growing,” Noe said.
Council members Herb Schmidt, Denise Nichols, and Summer Derrey, will need to present findings to support their vote to deny a planning commission recommendation to the city.
The South Selah Neighborhood Association requested the city to redesignate three parcels on Southern Avenue to low density and rezone them to R-1, single family residential, from the current high-density designation, and R-3, multiple family residential zoning. The SSNA made the request in November 2006.
Torkelson Construction Co. owns two of the parcels on Southern Avenue and is currently building on one of the properties.
In response to the council’s decision Torkelson has filed a LUPA petition, asking that the court review the council’s land-use decision. LUPA appeals are used to settle land-use disputes.
City Attorney Bob Noe said the council will have to justify their decision at the next council meeting.
“They can’t really defend a decision if it is not supported,” he said.
But, Noe said, he was fairly certain the council has findings to back their decision.
Torkelson claims the city granted building permits for his project, but then the council decision, if upheld, will result in the devaluation of his property.
At the May 13 meeting, Nichols said she was concerned that property owners in the area had not been given proper notice of zoning changes, nor were they given an adequate opportunity to provide input on the changes.
“I’m not pro or con high or low density,” she said. “There’s a neighborhood that was not properly kept in the loop.
Nichols said property owners have the right to come forward and say circumstances have changed and to request consideration and a zoning change, she said.
The city is involved in another LUPA appeal over a council decision to deny Matson Fruit Company a rezone of property to build a fruit warehouse in the city’s designated commercial district.
Noe said simultaneous LUPA appeals are not unusual in a small town if there is a lot of development going on.
“This is symptomatic that Selah is growing,” Noe said.