Yakima County moves Brandt property rezone toward formal vote after hearing-examiner recommendation

The Yakima County Board of Commissioners voted to send a proposed rezoning, conditional-use permit and related adjustments for a parcel on North Mitchell Drive to a future agenda for formal adoption, following the hearing examiner's recommendation and staff briefing.

The proposal would rezone parcel 181305-13002 from Rural Transitional (RT) to Highway Tourist Commercial (HTC) and would allow an agricultural market for the property owner's produce. According to the planning presentation, the agricultural market was proposed at about 5,600 square feet with 16 parking spaces and was intended primarily to operate during the June–November season. A State Environmental Policy Act (SEPA) final determination of non-significance (DNS) was issued Oct. 9, 2024, and was not appealed.

Aaron Cohen, of the Yakima County Planning Division, presented the hearing examiner's recommendation during the closed-record public hearing and summarized key conditions and changes in the record. "As this is a closed record public hearing, no new testimony or documents can be added to the record for the board to consider," Cohen said. He reviewed proposed deviations the applicant requested, including a full reduction of site screening and landscaping requirements and an increase in fence height within the front setback along North Mitchell Drive, and described a revised site plan that relocated loading docks closer to the building.

Cohen told the board that the Washington State Department of Transportation (WSDOT) submitted a comment saying it had "no concerns regarding the development" so long as stormwater and other surface runoff do not enter the state right of way, that no new approach could be established within 215 feet of State Route 12, and that any proposed sign must meet DOT sign requirements. County Water Resources staff also required that stormwater not discharge into the state right of way; Cohen said a bioswale on the property would help mitigate runoff. At the Nov. 7, 2024 open-record hearing, the applicant asked to allow a community well if connection to the City of Yakima water system proved infeasible; staff requested the hearing examiner require that any community well and legal water right be approved by the county prior to building permit issuance.

Bill Horton, who identified himself as representing the application, told the commissioners, "We're here to encourage you to accept the recommendation of the hearings examiner." Horton said the property owner, Lynell Brandt, was present and available to answer questions but offered no additional evidence into the record.

Commissioner Curtis moved to "move this forward to a resolution at the next agenda" with the intent to "approve as presented;" Commissioner Lindy seconded. Both commissioners voted aye; Commissioner McKinney was excused. The board's motion directs staff to prepare a resolution/ordinance reflecting the board's decision for a future regular meeting and does not itself adopt the rezone. Cohen confirmed that the hearing examiner's findings and the revised site plan will be incorporated into the final documents submitted to the board.

Key outstanding or clarified technical matters discussed in the record included the legal approval of any community well (if connection to City of Yakima water is impossible), final location and design of loading docks as shown on the revised site plan, compliance with WSDOT approach and sign rules for State Route 12, and the requested reductions to site screening and landscaping standards.

The board's vote moved the matter to a future agenda for a formal resolution that staff will prepare; a final adoption vote will occur when that resolution is presented.