Hearing examiner sides with Selah on part of housing project dispute

In the latest round of legal wrangling over a housing development in Selah, a hearing examiner has ruled in favor of the city on most measures.

But Patrick Spurgin is requiring the city's planning department to do more research regarding grading, drainage runoff and traffic impacts associated with the development of 13 multi-family housing units at 503 Southern Ave.

He also sent back a short plat application to the city supervisor and Planning Commission for further review so it will comply with the State Environmental Policy Act.

The hearing examiner also denied the South Selah Neighborhood Association's appeal in all other respects, including both pedestrian and fire safety.

"The city made errors on some environmental issues," said Jamie Carmody, a Yakima attorney representing the neighborhood group. "We're happy with the ruling in general. It vindicated a number of points of concern the neighbors had."

City Supervisor Frank Sweet said the ruling pointed out a "few procedural errors," and he welcomes the chance to fix those mistakes.

"It's good to have somebody look at it like that," he said. "We'll correct that and away we go."

The neighborhood group, consisting of roughly 90 members, has been battling the city for nearly three years over the construction of several multi-family housing projects along Southern Avenue.

They've protested everything from zoning changes that allowed the structures to conditions the developer, Carl Torkelson, must meet in order to build them.

A primary concern for the neighbors is increased traffic at the intersection of South First Street and Southern Avenue, which is already the city's busiest roadway with some 30,000 vehicles traveling it daily.

The neighborhood group has yet to decide if it'll appeal the hearing examiner's decision. Another lawsuit regarding the construction of a 24-unit apartment complex at 605 Southern Ave. is waiting to be heard in Yakima County Superior Court. Similar issues are being debated with that case.

Dave Hoffert, a member of the neighborhood group, said he fears city staff will go through the motions instead of taking a hard look at the environmental issues identified by the hearing examiner.

He also said the city has failed to produce documents requested by his association on more than one occasion. The latest document outlines an engineer's recommendations for the project's design -- which he said hasn't been followed.

"I have zero faith in the city decision-makers," he said, referring to Mayor Bob Jones and Sweet. "Zero."

Sweet said everything has been corrected in the design plans, and to his knowledge, construction has proceeded according to code. So far, four units are nearing completion while four others are being framed.

Erin Snelgrove can be reached at 577-7684 or at esnelgrove@yakimaherald.com

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