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HomeMy WebLinkAbout2016-014 Right of Way Vacation, Portion of Alley Between Naches Ave and Pacific AveAN ORDINANCE ORDINANCE NO. 2016-014 relating to land use; vacating a portion of right-of-way between West of Naches Avenue and South of Pacific Avenue in the City of Yakima, Washington. WHEREAS, by petition dated October 26, 2015 (Petition #15-05), Ken Marble, requested to vacate a portion of platted City of Yakima right-of-way more particularly described in Exhibit "A", attached hereto and incorporated herein by this reference; and WHEREAS, the City of Yakima has no future plans for development of this paved, platted street right-of-way; and WHEREAS, the applicants/petitioners for this right-of-way vacation, own more than the necessary two thirds of the parcels abutting the property subject to this petition for vacation; and WHEREAS, on June 9, 2016, the Hearing Examiner for the City of Yakima conducted an open -record public hearing regarding the requested right-of-way vacation, and concluded the hearing on June 30, 2016; and WHEREAS, on July 15, 2016, the Hearing Examiner issued Hearing Examiner's Recommendation regarding RWV#002-15, (the "recommendation") recommending that the platted street right-of-way be vacated, and said recommendation is attached hereto and incorporated herein by this reference as Exhibit "B"; and WHEREAS, at an open -record public hearing held on August 16, 2016, the City Council considered the requested right-of-way vacation, including the documents and other evidence which comprise the record developed before the Hearing Examiner, the Hearing Examiner's Recommendation, and the statements and comments of interested persons; and WHEREAS, the City Council finds that the considerations of the Hearing Examiner in response to the requirements and criteria of RCW Chapter 35.79, together with the City of Yakima street vacation policy, are correct and appropriate, and that the same should be adopted by the City Council as its findings herein; and WHEREAS, in accordance with R-2013-089 and RCW 35.79.030, compensation of $2,179.64 is required for this right-of-way vacation and has been agreed to be paid by the applicant; and WHEREAS, the City Council finds that it is in the best interest of the City to enact the following to approve the requested right-of-way vacation; now, therefore: BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The portion of Alley to be vacated is located in the vicinity south of Pacific Avenue and West of South Naches Avenue in the City of Yakima, Washington, more particularly 1 described in Exhibit "A", attached hereto and incorporated herein by this reference, is hereby vacated by the City of Yakima. Section 2. The findings, conclusions and conditions within the July 15, 2016 Hearing Examiner's Recommendation (RWV#002-15) regarding this right-of-way vacation are hereby adopted by the City Council as its findings, conclusions and conditions in support hereof, pursuant to City vacation policy and RCW Chapter 35.79, and are incorporated herein by this reference as if fully set forth herein. Section 3. The right-of-way vacation granted by this ordinance is expressly conditioned on the applicant's satisfaction of the following conditions, as stated on pages 12 and 13 of the Hearing Examiner's Recommendation: 1. The legal description of the vacated area is as follows: That portion of the 10 -foot -wide alley on the West side of Block "D" of SOUTH PARK ADDITION TO NORTH YAKIMA, W.T. (Now Yakima, WA) as recorded in Volume "B" of Plats, Page 2, records of Yakima County, Washington, described as follows: beginning at the Northwest corner of Lot 4 of Block "D" of said plat; thence South along the West line of said lot 4 to a point 25.01 feet South of the North line thereof; thence West parallel with the North line of Lot 4, 10 feet to the West line of said 10 -foot -wide alley; thence North Along said West line to the intersection of the North line of Lot 5 of said Block "D" extended West to the West line of said 10 - foot -alley; thence East along said North line extended to the Northwest corner of said Lot 5; thence South along the West line of said Block "D" to the Northwest corner of said Lot 4 and the Point of Beginning. (Containing 751.6 square feet). 2. The vacated alley area shall be added to the abutting property, one-half of the vacated area to the abutting property on each side. 3. The vacated alley area shall be subject to a 10 -foot -wide utility easement reserved by the City of Yakima and subject to the right to exercise and grant easements over, along, across, above, and below the north/south portion of the vacated alley along the west side of the north 25.01 feet of Lot 4 and the west side of Lot 5 (50.15 feet wide) of Block "D" as described above for the installation, construction, repair, maintenance and replacement of City and other public utilities which may now exist in said alley or which may hereafter be installed of constructed therein. No building or other structure shall be constructed o that portion of the vacated area with prior approval of the City. 4. The Applicant/Petitioner shall provide a survey map showing the portion of the alley proposed for vacation prior to the City Council' consideration of this alley right-of-way vacation petition. 5. The requisite compensation for the vacated area of $2,179.64 shall be paid to the City prior to recording an ordinance or other document approving the vacation. 6. The vacated area shall be zoned Light Industrial (M-1) and shall have a Comprehensive Plan Future Land Use Designation of Industrial (I). Section 4. Stipulation of the Parties: As part of the right-of-way vacation, the City of Yakima, Kenneth Marble, and Marlyn Marble have entered into an agreed upon stipulation, as discussed during the public hearing in front of the Hearing Examiner, which is attached to this ordinance as Exhibit "C" and full incorporated herein. 2 Section 5. Severability: If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 6. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter, and the vacation approved herein shall be effective upon recording with the Yakima County Auditor. PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this 16th day of August, 2016. ATTEST: Q_ Sonya Claar¶ee, City Clerk Publication Date: August 19, 2016 Effective Date: September 18, 2016 3 ayor ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT Item No. 8. For Meeting of: August 16, 2016 Public hearing to consider an ordinance concerning the Hearing Examiner's recommendation regarding a right of way petition submitted by Ken Marble to vacate a portion of the alley between Naches Avenue and Pacific Avenue Joan Davenport, AICP, Community Development Director Trevor Martin, Associate Planner (509) 575-6162 SUMMARY EXPLANATION: Ken Marble has petitioned for a proposed right-of-way vacation of an alley in the vicinity of Pacific and Naches Avenues. This portion of alley was originally dedicated to North Yakima by the Plat of South Park Addition on October 22, 1888. This area was annexed by the City of Yakima on March 21, 1910.The petitioner herein is the owner of all adjoining parcels. The open record public hearing on this matter was held before the Hearing Examiner on June 9, 2016 and further continued to June 30, 2016. There were no objectors to this vacation either orally or in writing. The examiner closed the hearing and subsequently, on June 30, 2016, submitted his written recommendation for the approval of this street vacation on July 15, 2016. At the time of this hearing city resolution No. R-2013-089 provided that, $2,179.64 will be required to be paid to the City for the portion of a vacated street, alley or right of way, the ownership of which will revert to Kenneth and Marlyn Marble as owners of the property abutting the vacated portion of the alley, street or right of way. The method of determining compensation is further described in the Hearing Examiner's recommendation. ITEM BUDGETED: STRATEGIC PRIORITY: NA APPROVED FOR SUBMITTAL: APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Pass Ordinance. BOARD/COMMITTEE RECOMMENDATION: Hearing Examiner recommends approval subject to conditions. ATTACHMENTS: Description Upload Date Type D Proposed Ordinance Ken IMarble 8/8/2016 Ordinance D Exhibit AKen IMarbIle 8/512016 lEx hi bit D lExhibit BKen IMartle 8/5/2016 lEx hi bit D lExhiblitKEr Martle 8/5/2016 lEx hi bit D Compllete Record...yen Marble 8/5/2016 Backup Material PACIFIC AVENUE S 89.2201. E 105.01 T'AFIrc'811.0, IN 10 &LET 00410 EXCErit 404 00 000.0.09I' Exhibit A 40 0 444401 SCALE: - 40 Far .9MR 0. FE co= FFI0, 329.00 494 95' 1 \ PARK STREET cri PUT CORNER NAIL 0/8901ER LEGAL DESCRIPTION OF PORTION OF ALLEY TO BE VACATED THAT PORTION OF THE 10 -FOOT ME ALLEY ON THE WEST SiDE OF BLOCK "E0* OF SOUTH PARK 40011100 TO NORTH YAKIMA, MT. (NOW YAK(MA, WASHINGTON) AS RECORDED i5 VOLLAiE 'es OF PLATS, PAGE 2, RECORDS 00 YAKIMA COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 4 OF BLOCK "D1 OF SAID PLAT; THENCE SOUTH ALONG THE WEST LINE OF SAD LOT 4 TO A POINT 25 FEET SOUTH OF THE NORTH LINE OF SAID LOT 4; THENCE WEST PARALLEL 55114 THE NORTH LINE OF SAID LOT 4, 10 FEET TO WEST LINE OF SAID 10 -FOOT WiDE ALLEY; -M0000 NORTH ALONG SAID WEST LINE TO 1510 INTERSECTION OF THE NORTH UNE OF LOT 5 OF SAID BLOCK '(5* EXTENDED WEST TO THE WEST UNE 00 SAJO 10 -FOOT WIDE ALLEY; THENCE EAST ALONG SA10 NORTH LINE EXTENDED TO THE NORTHWEST CORNER OF SAID LOT 5; THENCE SOUTH ALONG THE WEST LINE OF SAID BLOCK 1EW TO THE NORTHWEST CORNER OE SAID LOT 4 AND THE POINT OE BEGINNING. CONTAINING 751.0 SQ FT. RECEIVED JUN 3 0 2016 CITY OF YAKIMA PLANEVJ DIV S A ENGINEERNG—SURVEYING—PLANNING 1120 WEST UNCOLN AVENUE YAKIMA, WASHINGTON 98902 (509) 575-6990 y vACAT1ON MAP A... FrQx I , 5440 5414_ §51335 - 12,K53 * ;2454 441K 4.410/2:41F, —PREPPREO FOR— 14454 14125 - DISTFISLITM INC. Ivo Ift. NE 1/F, 400 4-13 It, R-19 LANE 1 04 1 , Exhibit B City of Yakima, Washington Hearing Examiner's Recommendation July 15, 2016 In the Matter of an Application/Petition for Vacation of Alley Right -of -Way Submitted by: Ken Marble To Vacate a Portion of Alley Right -of -Way Which is Located West of Naches Avenue And South of Pacific Avenue RWV #002-15 Petition #15-05 A. Introduction. Introductory findings relative to the hearing process for this matter may be summarized as follows: (1) The Hearing Examiner conducted an open record public hearing for this application/petition which began on June 9, 2016, and concluded on June 30, 2016. (2) Associate Planner Trevor Martin presented the Planning Division staff report recommending approval of the requested alley right-of-way vacation. Acting City Attorney Mark Kunkler and Petitioner Ken Marble also testified at the hearing. (3) Questions arose during the hearing as to whether the petition was signed by at least two-thirds of the owners of property abutting the area proposed for vacation; whether the original 1985 Quit Claim Deed to the City for part of the area proposed for vacation was signed by the landowner so as to convey the property to the City; and what RECEIVED Ken Marble: Vacation of Portion of Alley Right -of -Way West of Naches Avenue and South of Pacific Avenue RWV #002-15; Petition #15-05 1 JUL 1 5 2016 CITY Of YAKIMA COMMUNITY DEVELOPMENT compensation was required to be paid to the City pursuant to City Council Resolution No. R-2013-089. (4) Due to the questions that arose, those present agreed that the hearing should be continued to June 30, 2016, for further testimony regarding the issues involved. (5) Associate Planner Trevor Martin, Acting City Attorney Mark Kunkler and Petitioner Ken Marble were also present at the continued hearing. They stipulated at the hearing that the size of the area proposed for vacation could and should be reduced to include only the portion of the 10 -foot -wide alley west of the northern 25.01 feet of Lot 4 and west of the 50.15 -foot width of Lot 5 in Block D of South Park Addition to North Yakima for a total of 75.16 feet of the alley to be vacated. They further stipulated that there is no need to vacate any property within Lot 4 itself because the title report in the record shows that Petitioner has title to that entire lot due to the fact that the Grantor of the 1985 Quit Claim Deed to the City for part of that lot was a lessee rather than an owner of the property described in the Deed. (6) No one else testified or submitted written public comments relative to this application/petition for vacation of alley right-of-way. (7) This alley right-of-way vacation recommendation has been submitted within ten business days of the hearing. B. Sunznta'ry of 'Recommendation. The Hearing Examiner recommends that the Yakima City Council approve this request to vacate the portion of a 10 -foot -wide alley that is 75.16 feet long lying immediately north of the portion of that alley that has already been vacated, subject to conditions. C. Basis for Recommendation. Based upon a view of the site without anyone else present on June 7, 2016; the staff report, exhibits, testimony and evidence presented at an open record public hearing beginning on June 9, 2016, and concluding on June 30, 2016; and a review of the Yakima Urban Area Comprehensive Plan, the Yakima Urban Area Ken Marble: Vacation of Portion of Alley Right -of -Way West of Naches Avenue and South of Pacific Avenue RWV #002-15; Petition #15-05 2 AECEIVED JUL 1 5 2016 CITY OF YAKIMA COMMUNITY OEVELOPMENT Zoning Ordinance, Chapter 35.79 of the Revised Code of Washington and the City of Yakima's street and alley right-of-way vacation policies; the Hearing Examiner makes the following: FINDINGS I.Applicant/Petitioner. , The applicant/petitioner is Ken Marble, P.O. Box 1021, Yakima, Washington 98907. II. Description of Right -of -Way Vacation Rct uest. The description of this right- of-way vacation request has changed since the petition was originally presented to the City Council. The history and current status of this right-of-way vacation request may be summarized as follows: (1) A Stipulation of the Parties which was discussed at the hearing has been drafted in written form to be executed prior to the City Council's consideration of the right-of-way vacation request. It will contain substantially the following terms: STIPULATION OF THE PARTIES Regarding Scope of Petition for Vacation of Public Right -of -Way CITY OF YAKIMA And KENNETH R. MARBLE (and MARLYN MARBLE), Petitioner (City of Yakima File No. RWV #002-15) THIS STIPULATION OF THE PARTIES is entered into by and between the CITY OF YAKIMA and KEN MARBLE concerning the scope of the Petition for Vacation of Public Right -of -Way referenced above. Ken Marble: Vacation of Portion of Alley Right -of -Way West of Naches Avenue and South of Pacific Avenue RWV #002-15; Petition #15-05 3 WiCEPI'ED JUL 1 5 2016 ail (W YAKIMA COMMUNITY DEVELOPMENT I. RECITALS A. CITY OF YAKIMA (hereafter called "City"), is a municipal corporation of the State of Washington with City Hall located at 129 North 2°d Street, Yakima, Washington 98901. B. KENNETH R. MARBLE, an individual, is the owner of record of a parcel of real property commonly known as Yakima County Assessor's Parcel Number 191330- 12404 (Lot 5 on PLSA Survey, on file); KENNETH R. MARBLE and MARLYN MARBLE, husband and wife, are the owners of record of a parcel of real property commonly known as Yakima County Assessor's Parcel Number 191330-12403 (Lot 4 on PLSA Survey); KENNETH R. MARBLE and MARLYN MARBLE, husband and wife, are the owners of record of a parcel of real property commonly known as Yakima County Assessor's Parcel Number 191330-12003. KENNETH R. MARBLE and MARLYN MARBLE, individually and as husband and wife, are hereafter called "Petitioner." The parcels described herein are hereafter collectively called "Petitioner's Property." C. Petitioner filed a Petition for Vacation of Public Right -of -Way which was denominated City of Yakima File No. RWV #002-15. The right-of-way sought to be vacated includes a designated alleyway lying west of Lots 4, 5, 6, 7 and 8 of Block "D" of the plat South Park Addition to North Yakima, all generally located in the vicinity of Naches Avenue and Pacific Avenue. The Petitioner's Amended Petition requested vacation of only the portion of the alleyway lying adjacent to Lot 5 and a portion of Lot 4 of the above -referenced Plat, together with the portion of Lot 4 described in Recital "D" below. D. A portion of Petitioner's Property Parcel Number 191330-12403 (Lot 4) was allegedly conveyed by Associated Grocers in or about 1985 to the City for right- of-way purposes by Quit Claim Deed. The Quit Claim Deed is dated May 20, 1985 and recorded under Yakima County Auditor's File No. 2734785. A review RECEIVED JUL 152016 Ken Marble: Vacation of Portion of Alley Right -of -Way West of Naches Avenue and South of Pacific Avenue RWV #002-15; Petition #15-05 4 Cif UF YAKIMA. COMMUNITY TY CEVe„fDPM T of title history, on record in this case, establishes that Associated Grocers was only a lessee of the Lot 4 and did not have any ownership title to convey to the City. Consequently, the City and Petitioner have agreed and desire to stipulate below that the City received no ownership or right-of-way interest from Associated Grocers in that portion of Lot 4 allegedly conveyed to the City pursuant to such Quit Claim Deed. Further, the parties have agreed that the Petition should be modified to exclude the portion of Lot 4 from the requested right-of-way vacation. E. After the City's original administrative review of the Petition, the City recommended that, if the portion of Lot 4 shown as right-of-way was to be vacated, then the entire length of the alleyway (from Lot 4 through Lot 8) to Pacific Avenue should also be vacated. Petitioner agreed to modify his Petition to include the remainder of the alleyway north to Pacific Avenue. F. At the public hearings conducted by the Hearing Examiner on June 9 and June 30, 2016, the Petitioner presented title reports showing that the Lot 4 right-of-way conveyed by Associated Grocers should be removed from title as described above. City and Petitioner agreed, and further stipulated that, based on such modification, only the portion of the alleyway abutting Lots 4 and 5 should be vacated, reserving to the City an easement for public and private utilities within the vacated area. NOW, THEREFORE, the parties stipulate and agree as follows: Section 1. The Petition is modified to provide only for vacation of the alleyway abutting Lots 4 and 5 as described in the legal description and shown on the map attached jointly hereto as Attachment A. Section 2. The Petition is modified to exclude the designated right-of-way encumbering Lot 4, which encumbrance shall be removed separately by City's execution and delivery to Petitioner of a Quit Claim Deed conveying any and all of City's interest and/or right-of-way upon, within and across Lot 4. Ken Marble: Vacation of Portion of Alley Right -of -Way West ofNaches Avenue and South of Pacific Avenue RWV #002-15; Petition #15-05 5 JUL 1 5 2016 CITY OF YAKIMA COMMUNITY DEVELOPMENT Section 3. The parties stipulate and agree that the modification of the Petition described in Sections 1 and 2 above shall be binding and effective on both parties, their heirs, successors and assigns, and that the Hearing Examiner shall have authority to prepare and issue a recommendation to the City Council in reliance upon such stipulation, and to further define the alleyway to be vacated, the amount of compensation to be paid to City for such right-of-way vacation, and to perform any other action or make recommendation for such action in accordance with applicable laws and procedures. STIPULATED AND AGREED, with effective date being the date this instrument is signed by the last party to sign below. CITY OF YAKIMA: PETITIONER: By:„ Joan venport, Direct Con nity Development Department Date: July Z- , 2016 By: Kenneth R. Marble Date: July , 2016 Marlyn Marble Date: July , 2016 (2) This Stipulation and Agreement reduces substantially the size of the proposed right-of-way vacation to include only a rectangular portion of the 10 -foot -wide alley west of the northern 25.01 feet of Lot 4 and west of Lot 5 (50.15 feet wide) of the plat for a total length of 75.16 feet. Lot 4 is Parcel No. 191330-12403 and Lot 5 is Parcel No. 191330-12404. The parcel west of the area proposed for vacation is Parcel No. 191330- 12003. All of the parcels are owned by the Petitioner or the Petitioner and his wife. The alley south of the 75.16 -foot -long portion of the alley proposed for vacation has already been vacated. Vacation of this portion of the alley will allow the vacated area to be RECEIVED Ken Marble: Vacation of Portion of Alley Right -of -Way West of Naches Avenue and South of Pacific Avenue RWV #002-15; Petition #15-05 6 JUL 5 216 orY th YAMMA 16NIT u1F4PFLCiE'ropflr fenced and included as part of the Petitioner's property, subject to an easement allowing the right of access to install, construct, repair, maintain and replace public and private utilities within the vacated area. (3) The portion of the alley proposed for vacation was dedicated to Yakima County by the Plat of South Park Addition on October 23, 1888, and was annexed to the City of Yakima on March 21, 1910. The City did not pay for the portion of the alley to be vacated and it has never been improved with curb, gutter, asphalt or other improvements. III. Notices. The Yakima City Council referred this petition for vacation of right-of- way to the Hearing Examiner for a recommendation by Resolution No. R-2016-053 adopted on May 3, 2016, in accordance with RCW 35.79.010. Notice of the June 9, 2016, hearing was given more than twenty days before the hearing in the manner required by RCW 35.79.020 and was given in additional ways as follows: Posting of notice in three public places: May 5, 2016 Publishing of notice in the Yakima Herald -Republic: May 9, 2016 Mailing of notice to the property owners within 300 feet: May 9, 2016 Posting of notice on the property: May 10, 2016 IV. Hearing Examiner .1uristll+ctio�n. The Yakima Municipal Code provides in Sub- section 1.43.080(H) that the Hearing Examiner shall conduct public hearings on petitions and resolutions to vacate streets and public rights-of-way pursuant to RCW Chapter 35.79 and that decisions of the Hearing Examiner on such matters shall constitute recommendations to the Yakima City Council. V. Environmental Review. Street and alley vacations are categorically exempt from RECEIVED Ken Marble: Vacation of Portion of 7 JUL 15 2016 Alley Right -of -Way West of Naches CRY UT- YAKIMA Avenue and South of Pacific Avenue COMMUNITY DEVELOPMENT RWV #002-15; Petition #15-05 the State Environmental Policy Act (SEPA) review per WAC 197-11-800(2)(i) and Chapter 6.88 of the Yakima Municipal Code. VI. Traffic Study. The City Traffic Engineer has determined that a traffic study is not required for this alley right-of-way vacation request. VII. Comprehensive Pharr. Street and alley rights-of-way do not have a Compre- hensive Plan designation. Upon approval of street or alley right-of-way vacations, the vacated areas receive the Comprehensive Plan Future Land Use Designation of the adjacent properties. The Yakima Urban Area Comprehensive Plan designates all of the property adjacent to the area to be vacated as Industrial. VIII. Zoning and La rat 1 Sse . YMC § 15.22.060(E) provides that where a public right-of-way is vacated, the vacated area shall have the zoning district classification of the property to which it accrues. Since all parcels abutting the area proposed for vacation are zoned Light Industrial (M-1), the vacated area will be zoned Light Industrial (M-1). Properties near the area to be vacated have the following zoning and land uses: Direction Zoning l:.anc9 C1:se North R-1 South M-1 East M-1 West M-1 Single -Family Wholesale Trade Vacant Wholesale Trade IX. Development Services Team. The Development Services Team met on May 10, 2016. The following DST comments were submitted: RECEIVE � Ken Marble: Vacation of Portion of Alley Right -of -Way West of Naches Avenue and South of Pacific Avenue RWV #002-15; Petition #15-05 8 XL ) 5 206 CITY CT YAM A w011ENWIMP' Ir1=Vtd_QbPMETlr (1) Sewer: An easement must be granted for the existing sanitary sewer line that drains south through the existing alley. An exhibit should be provided indicating the location of the sewer along with the easement area to be retained. (2) "atcr/hugation Engineer Minimum 16 foot easement for access, main- tenance and operation of existing irrigation facilities shall be maintained. [Note: The width of the retained easement must necessarily be limited to the width of the 10 -foot - wide alley being vacated]. (3) Pacific Power: On January 20, 2016, the City received a letter from Richard Birch stating that "Pacific Power has no objections to the proposed vacation, provided that utility rights are reserved across the westerly portion of the proposed vacation area for the continued maintenance of an active transmission line." X. Criteria for the Vacation of Street or Alley Right -of -Way. The following five criteria set forth in the City's application form for street or alley right-of-way vacations are considered in determining the propriety and requisites of street or alley right-of-way vacations: (1) Public Benefit and Reasons Supporting the Proposed Vacation and the Limits of the Proposed Vacation. The public benefit of the proposed vacation would be mainly the compensation the City would receive for an area of a dead-end alley that is of no value to the City. Reasons supporting the proposed vacation are mainly related to the ability of the Petitioner to include it within adjacent parcels which the Petitioner owns and to limit public access to those adjacent parcels. The proposed vacation is limited to a 10 -foot -wide and 75.16 -foot -long segment of an alley that is north of an alley area which has already been vacated. (2) Necessity for the Right -of -Way as Access to Property. The alley right-of- way involved in this request is not needed for access to any property because all of the abutting parcels on both sides of the area to be vacated are owned by the Petitioner or the Petitioner and his wife, and abut a public street. Lots to the north will continue to be accessed either on the east by Naches Avenue or on the west by the remaining portion of the alley to the north of the vacated area. The garbage cans for the two residences north of the area proposed for vacation will probably have to be picked up on Naches Avenue Ken Marble: Vacation of Portion of Alley Right -of -Way West of Naches Avenue and South of Pacific Avenue RWV #002-15; Petition #15-05 9 Cies, Y WE JUL 1 5 2016 are Ali^ ` AKIM'A COMMUNITY UIEWRIPME T rather than in the alley so that the garbage trucks will not have to back up after emptying the garbage cans. (3) Consistency with the Six Year Transportation Improvement Plan, the Urban Area Comprehensive Plan and other Official City Plans and Policies. The requested street vacation will be consistent with the City's plans because there are no plans for improvement of the subject alley right-of-way area in the City's Six Year Transportation Improvement Plan or in any of the City's other plans or policies. (4) Consistency with Existing and Anticipated Development in the Area Based on Zoning, Current Use and Long -Range Plans. The requested right-of-way vacation would not adversely affect any existing or anticipated development in the area. The abutting parcels on both sides of the 75.16 feet of alley proposed for vacation are owned by the Petitioner or the Petitioner and his wife, and are zoned for Light Industrial uses. The requested alley vacation will allow the Petitioner to more efficiently develop and use adjacent property. (5) Provisions for Relocation of Existing Utilities or Easements for Existing Utilities. The testimony at the hearing was to the effect that there is a City sanitary sewer pipeline, an irrigation pipeline and a Pacific Power transmission line in the alley right-of- way which will remain in their current location. A 10 -foot -wide easement must be reserved and established for any public or franchised utilities in the 10 -foot -wide vacated area as required by the City and Chapter 12.02 of the Yakima Municipal Code. XI. Fair Market Appraisal and Compensation to the City. City Resolution R- 2013-089 requires compensation for the area to be vacated in the amount of 110% of the assessed value of the area proposed for vacation because that value is less than $20,000.00 and the Petitioner has chosen not to provide an independent appraisal of the value of that area. The area proposed for vacation is 10 feet by 75.16 feet (751.6 square feet) and 110% of the assessed value per square foot of the area has been determined to be $2.90 per square foot. The requisite 110% of the assessed value of the area proposed for vacation to be paid to the City is therefore $2,179.64 (751.6 x $2.90). Ken Marble: Vacation of Portion of Alley Right -of -Way West of Naches Avenue and South of Pacific Avenue RWV #002-15; Petition #15-05 10 JUL 1 5 2016 CITY OF YAKIMA COMMUNITY DEVELOPMENT CONCLUSIONS Based on the Findings, the Hearing Examiner reaches the following Conclusions: (1) The Hearing Examiner has jurisdiction and authority by virtue of Subsection 1.43.080(H) of the Yakima Municipal Code to conduct an open record public hearing regarding an application, petition and resolution to vacate a public alley right-of-way area and to make a recommendation to the City Council relative thereto. (2) All public notice requirements for vacation of a portion of alley right-of-way have been completed in accordance with applicable statutes and ordinances. (3) SEPA review was not required because alley right-of-way vacations are categorically exempt from SEPA review. (4) A traffic analysis is not required for the requested alley right-of-way vacation. (5) Since the Petitioner or the Petitioner and his wife own all of the property abutting the alley right-of-way area to be vacated, petition signatures were obtained from 100% of the owners abutting the area to be vacated. (6) The alley right-of-way to be vacated was dedicated to Yakima County by the Plat of South Park Addition on October 23, 1888, and was annexed to the City of Yakima on March 21, 1910. (7) Since the Yakima Urban Area Comprehensive Plan designates the areas abutting the area to be vacated as Industrial, upon vacation the area to be vacated will have the Industrial Future Land Use Designation. (8) Since the Yakima Urban Area Zoning Ordinance classifies the areas abutting the area to be vacated as Light Industrial (M-1), upon vacation the area to be vacated will be zoned Light Industrial (M-1). (9) No properties would be denied access to the public street system as a result of this alley right-of-way vacation since all parcels will have frontage on a public street. (10) This request for alley right-of-way vacation would not conflict with any planned street improvement projects or other City plans or projects. (11) No testimony or written comments were submitted in opposition to the requested alley right-of-way vacation. Ken Marble: Vacation of Portion of Alley Right -of -Way West of Naches Avenue and South of Pacific Avenue RWV #002-15; Petition #15-05 11 RECENED JUL 1 5 2016 CITY 01= YAKIMA COMMUNITY DEVELOPMENT (12) The requested 10 -foot -wide alley right-of-way vacation would not affect any public or franchised utility lines because a 10 -foot -wide utility easement will be reserved and established for the City sanitary sewer pipeline and irrigation pipeline, as well as for the Pacific Power transmission line and any other public or franchised utility lines located in the area to be vacated. (13) The requirements of RCW 35.79 and the City's five criteria governing the approval of public alley right-of-way vacations have all been satisfied. (14) Compensation of 110% of the assessed value of the area to be vacated must be paid to the City in the amount of $2,179.64 under City Resolution R-2013-089 prior to recording the ordinance approving the vacation. (15) If the Yakima City Council approves the requested right-of-way vacation, the vacated right-of-way will accrue one-half to the property on the west side of the vacated area and one-half to the property on the east side of the vacated area pursuant to RCW 35.79.040. RECOMMENDATION The Hearing Examiner recommends to the Yakima City Council that the portion of the 10 -foot -wide alley west of Naches Avenue and south of Pacific Avenue legally described below should be vacated in accordance with the Stipulation of the Parties and the Findings and Conclusions of this Recommendation, subject to the following conditions: (1) The legal description of the vacated area is as follows: That portion of the 10 -foot -wide alley on the West side of Block "D" of SOUTH PARK ADDITION TO NORTH YAKIMA, W.T. (now Yakima, Washington) as recorded in Volume "B" of Plats, Page 2, records of Yakima County, Washington, described as follows: Beginning at the Northwest corner of Lot 4 of Block "D" of said plat; thence South along the West line of said Lot 4 to a point 25.01 feet South of the North line thereof; Ken Marble: Vacation of Portion of Alley Right -of -Way West of Naches Avenue and South of Pacific Avenue RWV #002-15; Petition #15-05 12 ,.Y 5 /..016 CIT' Y ^i( (MINA CM MM11W1'r G1ENRIL.ONE a thence West parallel with the North line of Lot 4, 10 feet to the West line of said 10 -foot -wide alley; thence North along said West line to the inter- section of the North line of Lot 5 of said Block "D" extended West to the West line of said 10 -foot -wide alley; thence East along said North line extended to the Northwest corner of said Lot 5; thence South along the West line of said Block "D" to the Northwest corner of said Lot 4 and the Point of Beginning. (Containing 751.6 square feet). (2) The vacated alley area shall be added to the abutting property, one-half of the vacated area to the abutting property on each side. (3) The vacated alley area shall be subject to a 10 -foot -wide utility easement reserved by the City of Yakima and subject to the right to exercise and grant easements over, along, across, above and below the surface of the north/south portion of the vacated alley along the west side of the north 25.01 feet of Lot 4 and the west side of Lot 5 (50.15 feet wide) of Block "D" as described above for the installation, construction, repair, maintenance and replacement of City and other public and private utilities which may now exist in said alley or which may hereafter be installed or constructed therein. No building or other structure shall be constructed on that portion of the vacated alley without prior approval of the City and prior approval of the owner of any private utilities located within the vacated area, except that a fence may be constructed on the vacated area with the prior approval of the City. (4) The Applicant/Petitioner shall provide a survey map showing the portion of the alley proposed for vacation prior to the City Council's consideration of this alley right-of-way vacation petition. (5) The requisite compensation for the vacated area of $2,179.64 shall be paid to the City prior to recording an ordinance or other document approving the vacation. (6) The vacated area shall be zoned Light Industrial (M-1) and shall have a Comprehensive Plan Future Land Use Designation of Industrial (I). DATED this 15th day of July, 2016. Ken Marble: Vacation of Portion of Alley Right -of -Way West of Naches Avenue and South of Pacific Avenue RWV #002-15; Petition #15-05 13 Gary M. Hearing Examiner JUL 1 5 2016 CITY OF YAKIMA COMMUNITY DEVELOPMENT Exhibit C Zoning Ordinance, Chapter 35.79 of the Revised Code of Washington and the City of Yakima's street and alley right-of-way vacation policies; the Hearing Examiner makes the following: FINDINGS I. Appiicant/Pet itioner. The applicant/petitioner is Ken Marble, P.O. Box 1021, Yakima, Washington 98907. II. Description of Right -of -Way Vacation Reguest. The description of this right- of-way vacation request has changed since the petition was originally presented to the City Council. The history and current status of this right-of-way vacation request may be summarized as follows: (1) A Stipulation of the Parties which was discussed at the hearing has been drafted in written form to be executed prior to the City Council's consideration of the right-of-way vacation request. It will contain substantially the following terms: STIPULATION OF THE PARTIES Regarding Scope of Petition for Vacation of Public Right -of -Way CITY OF YAKIMA And KENNETH R. MARBLE (and MARLYN MARBLE), Petitioner (City of Yakima File No. RWV #002-15) THIS STIPULATION OF THE PARTIES is entered into by and between the CITY OF YAKIMA and KEN MARBLE concerning the scope of the Petition for Vacation of Public Right -of -Way referenced above. Ken Marble: Vacation of Portion of Alley Right -of -Way West of Naches Avenue and South of Pacific Avenue RWV #002-15; Petition #15-05 3 XEIVED JUL 5 201E WY OF YAKIMA COMMUNITY DEVELOPMENT I. RECITALS A. CITY OF YAKIMA (hereafter called "City"), is a municipal corporation of the State of Washington with City Hall located at 129 North 2"d Street, Yakima, Washington 98901. B. KENNETH R. MARBLE, an individual, is the owner of record of a parcel of real property commonly known as Yakima County Assessor's Parcel Number 191330- 12404 (Lot 5 on PLSA Survey, on file); KENNETH R. MARBLE and MARLYN MARBLE, husband and wife, are the owners of record of a parcel of real property commonly known as Yakima County Assessor's Parcel Number 191330-12403 (Lot 4 on PLSA Survey); KENNETH R. MARBLE and MARLYN MARBLE, husband and wife, are the owners of record of a parcel of real property commonly known as Yakima County Assessor's Parcel Number 191330-12003. KENNETH R. MARBLE and MARLYN MARBLE, individually and as husband and wife, are hereafter called "Petitioner." The parcels described herein are hereafter collectively called "Petitioner's Property." C. Petitioner filed a Petition for Vacation of Public Right -of -Way which was denominated City of Yakima File No. RWV #002-15. The right-of-way sought to be vacated includes a designated alleyway lying west of Lots 4, 5, 6, 7 and 8 of Block "D" of the plat South Park Addition to North Yakima, all generally located in the vicinity of Naches Avenue and Pacific Avenue. The Petitioner's Amended Petition requested vacation of only the portion of the alleyway lying adjacent to Lot 5 and a portion of Lot 4 of the above -referenced Plat, together with the portion of Lot 4 described in Recital "D" below. D. A portion of Petitioner's Property Parcel Number 191330-12403 (Lot 4) was allegedly conveyed by Associated Grocers in or about 1985 to the City for right- of-way purposes by Quit Claim Deed. The Quit Claim Deed is dated May 20, 1985 and recorded under Yakima County Auditor's File No. 2734785. A review REOEIVED Ken Marble: Vacation of Portion of Alley Right -of -Way West of Naches Avenue and South of Pacific Avenue RWV #002-15; Petition #15-05 4 JUL 1 5 2016 Leaf? (}t VAKAIA COMMUMTV DEVEl.OPMEiwlT of title history, on record in this case, establishes that Associated Grocers was only a lessee of the Lot 4 and did not have any ownership title to convey to the City. Consequently, the City and Petitioner have agreed and desire to stipulate below that the City received no ownership or right-of-way interest from Associated Grocers in that portion of Lot 4 allegedly conveyed to the City pursuant to such Quit Claim Deed. Further, the parties have agreed that the Petition should be modified to exclude the portion of Lot 4 from the requested right-of-way vacation. E. After the City's original administrative review of the Petition, the City recommended that, if the portion of Lot 4 shown as right-of-way was to be vacated, then the entire length of the alleyway (from Lot 4 through Lot 8) to Pacific Avenue should also be vacated. Petitioner agreed to modify his Petition to include the remainder of the alleyway north to Pacific Avenue. F. At the public hearings conducted by the Hearing Examiner on June 9 and June 30, 2016, the Petitioner presented title reports showing that the Lot 4 right-of-way conveyed by Associated Grocers should be removed from title as described above. City and Petitioner agreed, and further stipulated that, based on such modification, only the portion of the alleyway abutting Lots 4 and 5 should be vacated, reserving to the City an easement for public and private utilities within the vacated area. NOW, THEREFORE, the parties stipulate and agree as follows: Section 1. The Petition is modified to provide only for vacation of the alleyway abutting Lots 4 and 5 as described in the legal description and shown on the map attached jointly hereto as Attachment A. Section 2. The Petition is modified to exclude the designated right-of-way encumbering Lot 4, which encumbrance shall be removed separately by City's execution and delivery to Petitioner of a Quit Claim Deed conveying any and all of City's interest and/or right-of-way upon, within and across Lot 4. Ken Marble: Vacation of Portion of Alley Right -of -Way West of Naches Avenue and South of Pacific Avenue RWV #002-15; Petition #15-05 5 R LIMED JUL 1 5 2016 CITY OF YAKIMA COMMUNITY DEVELOPMENT Section 3. The parties stipulate and agree that the modification of the Petition described in Sections 1 and 2 above shall be binding and effective on both parties, their heirs, successors and assigns, and that the Hearing Examiner shall have authority to prepare and issue a recommendation to the City Council in reliance upon such stipulation, and to further define the alleyway to be vacated, the amount of compensation to be paid to City for such right-of-way vacation, and to perform any other action or make recommendation for such action in accordance with applicable laws and procedures. STIPULATED AND AGREED, with effective date being the date this instrument is signed by the last party to sign below. CITY OF YAKIMA: PETITIONER: By:w. - �r94^ By:.,.... Joan avenporl, lr iKenneth R. Marble Cart iunity Development Department Date: July 7,6, , 2016 Date: July , 2016 By: .............................................. Marlyn Marble Date: July , 2016 (2) This Stipulation and Agreement reduces substantially the size of the proposed right-of-way vacation to include only a rectangular portion of the 10 -foot -wide alley west of the northern 25.01 feet of Lot 4 and west of Lot 5 (50.15 feet wide) of the plat for a total length of 75.16 feet. Lot 4 is Parcel No. 191330-12403 and Lot 5 is Parcel No. 191330-12404. The parcel west of the area proposed for vacation is Parcel No. 191330- 12003. All of the parcels are owned by the Petitioner or the Petitioner and his wife. The alley south of the 75.16 -foot -long portion of the alley proposed for vacation has already been vacated. Vacation of this portion of the alley will allow the vacated area to be RECEIVED Ken Marble: Vacation of Portion of Alley Right -of -Way West of Naches Avenue and South of Pacific Avenue RWV #002-15; Petition #15-05 6 jet 1l 5 2016 CITY tl: YAYc A MINTY f78 VROPM CITY OF YAKIMA „ODE ADMIN. DIVISION JUL 2 2015 ❑RECVD FAXEDD ❑PAID FYID �__.. STIPULATION OF THE PARTIES Regarding Scope of Petition for Vacation of Public Right -of -Way CITY OF YAKIMA And KENNETH R. MARBLE (and MARLYN MARBLE), Petitioner (City of Yakima File No. RWV #002-15) THIS STIPULATION OF THE PARTIES is entered into by and between the CITY OF YAKIMA and KEN MARBLE concerning the scope of the Petition for Vacation of Public Right -of -Way referenced above. I. RECITALS A. CITY OF YAKIMA (hereafter called "City"), is a municipal corporation of the State of Washington with City Hall located at 129 North 2"d Street, Yakima, Washington 98901. B. KENNETH R. MARBLE, an individual, is the owner of record of a parcel of real property commonly known as Yakima County Assessor's Parcel Number 191330-12404 Lot 5 on PLSA Survey, on file); KENNETH R. MARBLE and MARLYN MARBLE, husband and wife, are the owners of record of a parcel of real property commonly known as Yakima County Assessor's Parcel Number 191330-12403 (Lot 4 on PLSA Survey); KENNETH R. MARBLE and MARLYN MARBLE, husband and wife, are the owners of record of a parcel of real property commonly known as Yakima County Assessor's Parcel Number 191330-12003. KENNETH R. MARBLE and MARLYN MARBLE, individually and as husband and wife, are hereafter called "Petitioner." The parcels described herein are hereafter collectively called "Petitioner's Property." C. Petitioner filed a Petition for Vacation of Public Right -of -Way which was denominated City of Yakima File No. RWV #002-15. The right-of-way originally sought to be vacated included a designated alleyway lying west of Lots 4, 5, 6, 7 and 8 of Block "D" of the plat South Park Addition to North Yakima, all generally located in the vicinity of Naches Avenue and Pacific Avenue. The Petitioner's Amended Petition requested vacation of the portion of the alleyway lying adjacent to Lot 5 and a portion of Lot 4 of the above - referenced Plat, together with the portion of Lot 4 described in Recital "D" below. D. A portion of Petitioner's Property Parcel Number 191330-12403 (Lot 4) was allegedly conveyed by Associated Grocers in or about 1985 to the City for right-of-way purposes by Quit Claim Deed. The Quit Claim Deed is dated May 20, 1985 and recorded under Yakima County Auditor's File No. 2734785. A review of title history, on record in this case, establishes that Associated Grocers was only a lessee of the Lot 4 and did not have any ownership title to convey to the City. Consequently, the City and Petitioner have agreed and desire to stipulate below that the City received no ownership or right-of-way interest from Associated Grocers in that portion of Lot 4 allegedly conveyed to the City pursuant to such Quit Claim Deed. Further, the parties have agreed that the Petition should be modified to exclude the portion of Lot 4 from the requested right-of-way vacation. E. After the City's original administrative review of the Petition, the City recommended that, if the portion of Lot 4 shown as right-of-way was to be vacated, then the entire length of the alleyway (from Lot 4 through Lot 8) to Pacific Avenue should also be vacated. Petitioner agreed to modify his Petition to include the remainder of the alleyway north to Pacific Avenue. F. At the public hearings conducted by the Hearing Examiner on June 9 and June 30, 2016, the Petitioner presented title reports showing that the Lot 4 right-of-way conveyed by Associated Grocers should be removed from title as described above. City and Petitioner agreed, and further stipulated that, based on such modification, only the portion of the alleyway abutting Lots 4 and 5 should be vacated, reserving to the City an easement for public and private utilities within the vacated area. NOW, THEREFORE, the parties stipulate and agree as follows: Section 1. The Petition is modified to provide only for vacation of the alleyway abutting Lots 4 and 5 as described in the legal description and shown on the map attached jointly hereto as Attachment A. Section 2. The Petition is modified to exclude the designated right-of-way encumbering Lot 4, which encumbrance shall be removed separately by City's execution and delivery to Petitioner of a Quit Claim Deed conveying any and all of City's interest and/or right- of-way upon, within and across Lot 4. Section 3. The parties stipulate and agree that the modification of the Petition described in Sections 1 and 2 above shall be binding and effective on both parties, their heirs, successors and assigns, and that the Hearing Examiner shall have authority to prepare and issue a recommendation to the City Council in reliance upon such stipulation, and to further define the alleyway to be vacated, the amount of compensation to be paid to City for such right-of-way vacation, and to perform any other action or make recommendation for such action in accordance with applicable laws and procedures. STIPULATED AND AGREED, with effective date being the date this instrument is signed by the last party to sign below. CITY OF YAKIMA: Joan Davenport, Director Community Development Department Date: July , 2016 PETITIONER: By:. Date: July O �, 2016 Date: July 2 S , 2016 KEN MARBLE RWV#002-15 City Council Open Record Public Hearing August 16, 2016 EXHIBIT LIST Applicant: Ken Marble File Number: RWV#002-15 Site Address: Vicinity of Naches Avenue & Pacific Avenue Staff Contact: Trevor Martin, Associate Planner Table of Contents CHAPTER AA Hearing Examiner's Recommendation CHAPTER A Staff Report CHAPTER B Maps CHAPTER C Site Plan CHAPTER D DST Review & Agency Comments CHAPTER E Application CHAPTER F Public Comments CHAPTER G Public Notices KEN MARBLE RV#002-15 EXHIBIT LIST CHAPTER AA Hearing Examiner's Recommendation Hearing Examiner's Recommendation & Stipulation of the Parties City of Yakima, Washington Hearing Examiner's Recommendation July 15, 2016 In the Matter of an Application/Petition for Vacation of Alley Right -of -Way Submitted by: Ken Marble To Vacate a Portion of Alley Right -of -Way Which is Located West of Naches Avenue And South of Pacific Avenue RWV #002-15 Petition #15-05 A. Introduction. Introductory findings relative to the hearing process for this matter may be summarized as follows: (1) The Hearing Examiner conducted an open record public hearing for this application/petition which began on June 9, 2016, and concluded on June 30, 2016. (2) Associate Planner Trevor Martin presented the Planning Division staff report recommending approval of the requested alley right-of-way vacation. Acting City Attorney Mark Kunkler and Petitioner Ken Marble also testified at the hearing. (3) Questions arose during the hearing as to whether the petition was signed by at least two-thirds of the owners of property abutting the area proposed for vacation; whether the original 1985 Quit Claim Deed to the City for part of the area proposed for vacation was signed by the landowner so as to convey the property to the City; and what 14.70 Ken Marble: Vacation of Portion of Alley Right -of -Way West of Naches Avenue and South of Pacific Avenue RWV #002-15; Petition #15-05 1 JUL :.. 5 2016 TV Of YAKIMA COMMUNITY DEVELOP:NT DOC. INDEX compensation was required to be paid to the City pursuant to City Council Resolution No. R-2013-089. (4) Due to the questions that arose, those present agreed that the hearing should be continued to June 30, 2016, for further testimony regarding the issues involved. (5) Associate Planner Trevor Martin, Acting City Attorney Mark Kunkler and Petitioner Ken Marble were also present at the continued hearing. They stipulated at the hearing that the size of the area proposed for vacation could and should be reduced to include only the portion of the 10 -foot -wide alley west of the northern 25.01 feet of Lot 4 and west of the 50.15 -foot width of Lot 5 in Block D of South Park Addition to North Yakima for a total of 75.16 feet of the alley to be vacated. They further stipulated that there is no need to vacate any property within Lot 4 itself because the title report in the record shows that Petitioner has title to that entire lot due to the fact that the Grantor of the 1985 Quit Claim Deed to the City for part of that lot was a lessee rather than an owner of the property described in the Deed. (6) No one else testified or submitted written public comments relative to this application/petition for vacation of alley right-of-way. (7) This alley right-of-way vacation recommendation has been submitted within ten business days of the hearing. B. Suntmary of Recommendation. The Hearing Examiner recommends that the Yakima City Council approve this request to vacate the portion of a 10 -foot -wide alley that is 75.16 feet long lying immediately north of the portion of that alley that has already been vacated, subject to conditions. C. Basis for Recommendation. Based upon a view of the site without anyone else present on June 7, 2016; the staff report, exhibits, testimony and evidence presented at an open record public hearing beginning on June 9, 2016, and concluding on June 30, 2016; and a review of the Yakima Urban Area Comprehensive Plan, the Yakima Urban Area Ken Marble: Vacation of Portion of Alley Right -of -Way West of Naches Avenue and South of Pacific Avenue RWV #002-15; Petition #15-05 2 ARM E JUL 1 5 21116 MY OF YAKIMA COMMUNITY DEVELOP T DOC. INDEX # R -I Zoning Ordinance, Chapter 35.79 of the Revised Code of Washington and the City of Yakima's street and alley right-of-way vacation policies; the Hearing Examiner makes the following: FINDINGS I. j plicant/Petitioner. The applicant/petitioner is Ken Marble, P.O. Box 1021, Yakima, Washington 98907. II. Description of Right -of -Way Vacation Request. The description of this right- of-way vacation request has changed since the petition was originally presented to the City Council. The history and current status of this right-of-way vacation request may be summarized as follows: (1) A Stipulation of the Parties which was discussed at the hearing has been drafted in written form to be executed prior to the City Council's consideration of the right-of-way vacation request. It will contain substantially the following terms: STIPULATION OF THE PARTIES Regarding Scope of Petition for Vacation of Public Right -of -Way CITY OF YAKIMA And KENNETH R. MARBLE (and MARLYN MARBLE), Petitioner (City of Yakima File No. RWV #002-15) THIS STIPULATION OF THE PARTIES is entered into by and between the CITY OF YAKIMA and KEN MARBLE concerning the scope of the Petition for Vacation of Public Right -of -Way referenced above. Ken Marble: Vacation of Portion of Alley Right -of -Way West of Naches Avenue and South of Pacific Avenue RWV #002-15; Petition #15-05 3 CITY Of YAl(aMN COl"i<<" -lI'' ITY ItV' VEL,iMlP DOC. INDEX I. RECITALS A. CITY OF YAKIMA (hereafter called "City"), is a municipal corporation of the State of Washington with City Hall located at 129 North 2nd Street, Yakima, Washington 98901. B. KENNETH R. MARBLE, an individual, is the owner of record of a parcel of real property commonly known as Yakima County Assessor's Parcel Number 191330- 12404 (Lot 5 on PLSA Survey, on file); KENNETH R. MARBLE and MARLYN MARBLE, husband and wife, are the owners of record of a parcel of real property commonly known as Yakima County Assessor's Parcel Number 191330-12403 (Lot 4 on PLSA Survey); KENNETH R. MARBLE and MARLYN MARBLE, husband and wife, are the owners of record of a parcel of real property commonly known as Yakima County Assessor's Parcel Number 191330-12003. KENNETH R. MARBLE and MARLYN MARBLE, individually and as husband and wife, are hereafter called "Petitioner." The parcels described herein are hereafter collectively called "Petitioner's Property." C. Petitioner filed a Petition for Vacation of Public Right -of -Way which was denominated City of Yakima File No. RWV #002-15. The right-of-way sought to be vacated includes a designated alleyway lying west of Lots 4, 5, 6, 7 and 8 of Block "D" of the plat South Park Addition to North Yakima, all generally located in the vicinity of Naches Avenue and Pacific Avenue. The Petitioner's Amended Petition requested vacation of only the portion of the alleyway lying adjacent to Lot 5 and a portion of Lot 4 of the above -referenced Plat, together with the portion of Lot 4 described in Recital "D" below. D. A portion of Petitioner's Property Parcel Number 191330-12403 (Lot 4) was allegedly conveyed by Associated Grocers in or about 1985 to the City for right- of-way purposes by Quit Claim Deed. The Quit Claim Deed is dated May 20, 1985 and recorded under Yakima County Auditor's File No. 2734785. A review JUL 1 5 2016 Ken Marble: Vacation of Portion of Alley Right -of -Way West of Naches Avenue and South of Pacific Avenue RWV #002-15; Petition #15-05 4 CITY lei~ YAMMA :; MMU fl1°V DEVELOP DOC. INDEX of title history, on record in this case, establishes that Associated Grocers was only a lessee of the Lot 4 and did not have any ownership title to convey to the City. Consequently, the City and Petitioner have agreed and desire to stipulate below that the City received no ownership or right-of-way interest from Associated Grocers in that portion of Lot 4 allegedly conveyed to the City pursuant to such Quit Claim Deed. Further, the parties have agreed that the Petition should be modified to exclude the portion of Lot 4 from the requested right-of-way vacation. E. After the City's original administrative review of the Petition, the City recommended that, if the portion of Lot 4 shown as right-of-way was to be vacated, then the entire length of the alleyway (from Lot 4 through Lot 8) to Pacific Avenue should also be vacated. Petitioner agreed to modify his Petition to include the remainder of the alleyway north to Pacific Avenue. F. At the public hearings conducted by the Hearing Examiner on June 9 and June 30, 2016, the Petitioner presented title reports showing that the Lot 4 right-of-way conveyed by Associated Grocers should be removed from title as described above. City and Petitioner agreed, and further stipulated that, based on such modification, only the portion of the alleyway abutting Lots 4 and 5 should be vacated, reserving to the City an easement for public and private utilities within the vacated area. NOW, THEREFORE, the parties stipulate and agree as follows: Section 1. The Petition is modified to provide only for vacation of the alleyway abutting Lots 4 and 5 as described in the legal description and shown on the map attached jointly hereto as Attachment A. Section 2. The Petition is modified to exclude the designated right-of-way encumbering Lot 4, which encumbrance shall be removed separately by City's execution and delivery to Petitioner of a Quit Claim Deed conveying any and all of City's interest and/or right-of-way upon, within and across Lot 4. Ken Marble: Vacation of Portion of Alley Right -of -Way West of Naches Avenue and South of Pacific Avenue RWV #002-15; Petition #15-05 5 CRET I. 5 201E CITY OF YAKIMA COWY DEVELOP E DOC. INDEX Section 3. The parties stipulate and agree that the modification of the Petition described in Sections 1 and 2 above shall be binding and effective on both parties, their heirs, successors and assigns, and that the Hearing Examiner shall have authority to prepare and issue a recommendation to the City Council in reliance upon such stipulation, and to further define the alleyway to be vacated, the amount of compensation to be paid to City for such right-of-way vacation, and to perform any other action or make recommendation for such action in accordance with applicable laws and procedures. STIPULATED AND AGREED, with effective date being the date this instrument is signed by the last party to sign below. CITY OF YAKIMA: By: Joan venport, Direct( Con , ` unity Development Department Date: July 2,6, , 2016 By: PETITIONER: Kenneth R. Marble Date: July , 2016 By: Marlyn Marble Date: July , 2016 (2) This Stipulation and Agreement reduces substantially the size of the proposed right-of-way vacation to include only a rectangular portion of the 10 -foot -wide alley west of the northern 25.01 feet of Lot 4 and west of Lot 5 (50.15 feet wide) of the plat for a total length of 75.16 feet. Lot 4 is Parcel No. 191330-12403 and Lot 5 is Parcel No. 191330-12404. The parcel west of the area proposed for vacation is Parcel No. 191330- 12003. All of the parcels are owned by the Petitioner or the Petitioner and his wife. The alley south of the 75.16 -foot -long portion of the alley proposed for vacation has already been vacated. Vacation of this portion of the alley will allow the vacated area to be Ken Marble: Vacation of Portion of Alley Right -of -Way West of Naches Avenue and South of Pacific Avenue RWV #002-15; Petition #15-05 6 CI 1Y CC MURRY DOC. INDEX no -I EVEL fenced and included as part of the Petitioner's property, subject to an easement allowing the right of access to install, construct, repair, maintain and replace public and private utilities within the vacated area. (3) The portion of the alley proposed for vacation was dedicated to Yakima County by the Plat of South Park Addition on October 23, 1888, and was annexed to the City of Yakima on March 21, 1910. The City did not pay for the portion of the alley to be vacated and it has never been improved with curb, gutter, asphalt or other improvements. III. Notices. The Yakima City Council referred this petition for vacation of right-of- way to the Hearing Examiner for a recommendation by Resolution No. R-2016-053 adopted on May 3, 2016, in accordance with RCW 35.79.010. Notice of the June 9, 2016, hearing was given more than twenty days before the hearing in the manner required by RCW 35.79.020 and was given in additional ways as follows: Posting of notice in three public places: May 5, 2016 Publishing of notice in the Yakima Herald -Republic: May 9, 2016 Mailing of notice to the property owners within 300 feet: May 9, 2016 Posting of notice on the property: May 10, 2016 IV. Hearing Examiner Jurisdiction. The Yakima Municipal Code provides in Sub- section 1.43.080(H) that the Hearing Examiner shall conduct public hearings on petitions and resolutions to vacate streets and public rights-of-way pursuant to RCW Chapter 35.79 and that decisions of the Hearing Examiner on such matters shall constitute recommendations to the Yakima City Council. V. Environmental Review. Street and alley vacations are categorically exempt from Ken Marble: Vacation of Portion of Alley Right -of -Way West of Naches Avenue and South of Pacific Avenue RWV #002-15; Petition #15-05 OWE 7 1 . 5 2016 DOC. INDEX VELQP'ENT the State Environmental Policy Act (SEPA) review per WAC 197-11-800(2)(i) and Chapter 6.88 of the Yakima Municipal Code. VI. Traffic Study. The City Traffic Engineer has determined that a traffic study is not required for this alley right-of-way vacation request. VII. Comprehensive flan. Street and alley rights-of-way do not have a Compre- hensive Plan designation. Upon approval of street or alley right-of-way vacations, the vacated areas receive the Comprehensive Plan Future Land Use Designation of the adjacent properties. The Yakima Urban Area Comprehensive Plan designates all of the property adjacent to the area to be vacated as Industrial. VIII. Zoning. and Land Uses. YMC § 15.22.060(E) provides that where a public right-of-way is vacated, the vacated area shall have the zoning district classification of the property to which it accrues. Since all parcels abutting the area proposed for vacation are zoned Light Industrial (M-1), the vacated area will be zoned Light Industrial (M-1). Properties near the area to be vacated have the following zoning and land uses: Direction Zoning North R-1 South M-1 East M-1 West M-1 Land Use Single -Family Wholesale Trade Vacant Wholesale Trade IX. Development Services Team. The Development Services Team met on May 10, 2016. The following DST comments were submitted: Ken Marble: Vacation of Portion of Alley Right -of -Way West of Naches Avenue and South of Pacific Avenue RWV #002-15; Petition #15-05 8 JUL 1 5 2016 ,r d Y Of YAM A MONTY DEVELOP DOC. INDEX (1) Sewer: An easement must be granted for the existing sanitary sewer line that drains south through the existing alley. An exhibit should be provided indicating the location of the sewer along with the easement area to be retained. (2) Water/Irrigation Engineer: Minimum 16 foot easement for access, main- tenance and operation of existing irrigation facilities shall be maintained. [Note: The width of the retained easement must necessarily be limited to the width of the 10 -foot - wide alley being vacated]. (3) Pacific Power: On January 20, 2016, the City received a letter from Richard Birch stating that "Pacific Power has no objections to the proposed vacation, provided that utility rights are reserved across the westerly portion of the proposed vacation area for the continued maintenance of an active transmission line." X. Criteria for the Vacation of Street or AMIe iii ht-o1-Wa The following five criteria set forth in the City's application form for street or alley right-of-way vacations are considered in determining the propriety and requisites of street or alley right-of-way vacations: (1) Public Benefit and Reasons Supporting the Proposed Vacation and the Limits of the Proposed Vacation. The public benefit of the proposed vacation would be mainly the compensation the City would receive for an area of a dead-end alley that is of no value to the City. Reasons supporting the proposed vacation are mainly related to the ability of the Petitioner to include it within adjacent parcels which the Petitioner owns and to limit public access to those adjacent parcels. The proposed vacation is limited to a 10 -foot -wide and 75.16 -foot -long segment of an alley that is north of an alley area which has already been vacated. (2) Necessity for the Right -of -Way as Access to Property. The alley right-of- way involved in this request is not needed for access to any property because all of the abutting parcels on both sides of the area to be vacated are owned by the Petitioner or the Petitioner and his wife, and abut a public street. Lots to the north will continue to be accessed either on the east by Naches Avenue or on the west by the remaining portion of the alley to the north of the vacated area. The garbage cans for the two residences north of the area proposed for vacation will probably have to be picked up on Naches Avenue Ken Marble: Vacation of Portion of Alley Right -of -Way West of Naches Avenue and South of Pacific Avenue RWV #002-15; Petition #15-05 9 '01 It 5 2016 1T il': `ill disti l lIVE1OR " INDEX #. 1AR -1 rather than in the alley so that the garbage trucks will not have to back up after emptying the garbage cans. (3) Consistency with the Six Year Transportation Improvement Plan, the Urban Area Comprehensive Plan and other Official City Plans and Policies. The requested street vacation will be consistent with the City's plans because there are no plans for improvement of the subject alley right-of-way area in the City's Six Year Transportation Improvement Plan or in any of the City's other plans or policies. (4) Consistency with Existing and Anticipated Development in the Area Based on Zoning, Current Use and Long -Range Plans. The requested right-of-way vacation would not adversely affect any existing or anticipated development in the area. The abutting parcels on both sides of the 75.16 feet of alley proposed for vacation are owned by the Petitioner or the Petitioner and his wife, and are zoned for Light Industrial uses. The requested alley vacation will allow the Petitioner to more efficiently develop and use adjacent property. (5) Provisions for Relocation of Existing Utilities or Easements for Existing Utilities. The testimony at the hearing was to the effect that there is a City sanitary sewer pipeline, an irrigation pipeline and a Pacific Power transmission line in the alley right-of- way which will remain in their current location. A 10 -foot -wide easement must be reserved and established for any public or franchised utilities in the 10 -foot -wide vacated area as required by the City and Chapter 12.02 of the Yakima Municipal Code. XI. Fair Market Appraisal and Compensation to the City, City Resolution R- 2013-089 requires compensation for the area to be vacated in the amount of 110% of the assessed value of the area proposed for vacation because that value is less than $20,000.00 and the Petitioner has chosen not to provide an independent appraisal of the value of that area. The area proposed for vacation is 10 feet by 75.16 feet (751.6 square feet) and 110% of the assessed value per square foot of the area has been determined to be $2.90 per square foot. The requisite 110% of the assessed value of the area proposed for vacation to be paid to the City is therefore $2,179.64 (751.6 x $2.90). Ken Marble: Vacation of Portion of Alley Right -of -Way West of Naches Avenue and South of Pacific Avenue RWV #002-15; Petition #15-05 10 2016 CITY Cl; ¥A10MA MumurY DEVELOP T CONCLUSIONS Based on the Findings, the Hearing Examiner reaches the following Conclusions: (1) The Hearing Examiner has jurisdiction and authority by virtue of Subsection 1.43.080(H) of the Yakima Municipal Code to conduct an open record public hearing regarding an application, petition and resolution to vacate a public alley right-of-way area and to make a recommendation to the City Council relative thereto. (2) All public notice requirements for vacation of a portion of alley right-of-way have been completed in accordance with applicable statutes and ordinances. (3) SEPA review was not required because alley right-of-way vacations are categorically exempt from SEPA review. (4) A traffic analysis is not required for the requested alley right-of-way vacation. (5) Since the Petitioner or the Petitioner and his wife own all of the property abutting the alley right-of-way area to be vacated, petition signatures were obtained from 100% of the owners abutting the area to be vacated. (6) The alley right-of-way to be vacated was dedicated to Yakima County by the Plat of South Park Addition on October 23, 1888, and was annexed to the City of Yakima on March 21, 1910. (7) Since the Yakima Urban Area Comprehensive Plan designates the areas abutting the area to be vacated as Industrial, upon vacation the area to be vacated will have the Industrial Future Land Use Designation. (8) Since the Yakima Urban Area Zoning Ordinance classifies the areas abutting the area to be vacated as Light Industrial (M-1), upon vacation the area to be vacated will be zoned Light Industrial (M-1). (9) No properties would be denied access to the public street system as a result of this alley right-of-way vacation since all parcels will have frontage on a public street. (10) This request for alley right-of-way vacation would not conflict with any planned street improvement projects or other City plans or projects. (11) No testimony or written comments were submitted in opposition to the requested alley right-of-way vacation. Ken Marble: Vacation of Portion of Alley Right -of -Way West of Naches Avenue and South of Pacific Avenue RWV #002-15; Petition #15-05 11 JUL 1 5 2016 CITY OF YAKIMA MIUNITY DEVELOPMENT DOC. INDEX (12) The requested 10 -foot -wide alley right-of-way vacation would not affect any public or franchised utility lines because a 10 -foot -wide utility easement will be reserved and established for the City sanitary sewer pipeline and irrigation pipeline, as well as for the Pacific Power transmission line and any other public or franchised utility lines located in the area to be vacated. (13) The requirements of RCW 35.79 and the City's five criteria governing the approval of public alley right-of-way vacations have all been satisfied. (14) Compensation of 110% of the assessed value of the area to be vacated must be paid to the City in the amount of $2,179.64 under City Resolution R-2013-089 prior to recording the ordinance approving the vacation. (15) If the Yakima City Council approves the requested right-of-way vacation, the vacated right-of-way will accrue one-half to the property on the west side of the vacated area and one-half to the property on the east side of the vacated area pursuant to RCW 35.79.040. RECOMMENDATION The Hearing Examiner recommends to the Yakima City Council that the portion of the 10 -foot -wide alley west of Naches Avenue and south of Pacific Avenue legally described below should be vacated in accordance with the Stipulation of the Parties and the Findings and Conclusions of this Recommendation, subject to the following conditions: (1) The legal description of the vacated area is as follows: That portion of the 10 -foot -wide alley on the West side of Block "D" of SOUTH PARK ADDITION TO NORTH YAKIMA, W.T. (now Yakima, Washington) as recorded in Volume "B" of Plats, Page 2, records of Yakima County, Washington, described as follows: Beginning at the Northwest corner of Lot 4 of Block "D" of said plat; thence South along the West line of said Lot 4 to a point 25.01 feet South of the North line thereof; Ken Marble: Vacation of Portion of Alley Right -of -Way West of Naches Avenue and South of Pacific Avenue RWV #002-15; Petition #15-05 12 ilVL JUL 1 5 Z0 OTY YAMMilw thence West parallel with the North line of Lot 4, 10 feet to the West line of said 10 -foot -wide alley; thence North along said West line to the inter- section of the North line of Lot 5 of said Block "D" extended West to the West line of said 10 -foot -wide alley; thence East along said North line extended to the Northwest corner of said Lot 5; thence South along the West line of said Block "D" to the Northwest corner of said Lot 4 and the Point of Beginning. (Containing 751.6 square feet). (2) The vacated alley area shall be added to the abutting property, one-half of the vacated area to the abutting property on each side. (3) The vacated alley area shall be subject to a 10 -foot -wide utility easement reserved by the City of Yakima and subject to the right to exercise and grant easements over, along, across, above and below the surface of the north/south portion of the vacated alley along the west side of the north 25.01 feet of Lot 4 and the west side of Lot 5 (50.15 feet wide) of Block "D" as described above for the installation, construction, repair, maintenance and replacement of City and other public and private utilities which may now exist in said alley or which may hereafter be installed or constructed therein. No building or other structure shall be constructed on that portion of the vacated alley without prior approval of the City and prior approval of the owner of any private utilities located within the vacated area, except that a fence may be constructed on the vacated area with the prior approval of the City. (4) The Applicant/Petitioner shall provide a survey map showing the portion of the alley proposed for vacation prior to the City Council's consideration of this alley right-of-way vacation petition. (5) The requisite compensation for the vacated area of $2,179.64 shall be paid to the City prior to recording an ordinance or other document approving the vacation. (6) The vacated area shall be zoned Light Industrial (M-1) and shall have a Comprehensive Plan Future Land Use Designation of Industrial (I). DATED this 15th day of July, 2016. Ken Marble: Vacation of Portion of Alley Right -of -Way West of Naches Avenue and South of Pacific Avenue RWV #002-15; Petition #15-05 Gary M. Ctfilier, Hearing Examiner 13°tib'�� 2016 CITY 01- ¥ Khh b.UEVE INDEX 1 A PMF. T .._CITY OF YAKIMA :ODE ADMIN. DIVISION JUL 2 3 2015 DREC'VD FAXEDO F PAID STIPULATION OF THE PARTIES Regarding Scope of Petition for Vacation of Public Right -of -Way CITY OF YAKIMA And KENNETH R. MARBLE (and MARLYN MARBLE), Petitioner (City of Yakima File No. RWV #002-15) THIS STIPULATION OF THE PARTIES is entered into by and between the CITY OF YAKIMA and KEN MARBLE concerning the scope of the Petition for Vacation of Public Right -of -Way referenced above. I. RECITALS A. CITY OF YAKIMA (hereafter called "City"), is a municipal corporation of the State of Washington with City Hall located at 129 North 2nd Street, Yakima, Washington 98901. B. KENNETH R. MARBLE, an individual, is the owner of record of a parcel of real property commonly known as Yakima County Assessor's Parcel Number 191330-12404 Lot 5 on PLSA Survey, on file); KENNETH R. MARBLE and MARLYN MARBLE, husband and wife, are the owners of record of a parcel of real property commonly known as Yakima County Assessor's Parcel Number 191330-12403 (Lot 4 on PLSA Survey); KENNETH R. MARBLE and MARLYN MARBLE, husband and wife, are the owners of record of a parcel of real property commonly known as Yakima County Assessor's Parcel Number 191330-12003. KENNETH R. MARBLE and MARLYN MARBLE, individually and as husband and wife, are hereafter called "Petitioner." The parcels described herein are hereafter collectively called "Petitioner's Property." C. Petitioner filed a Petition for Vacation of Public Right -of -Way which was denominated City of Yakima File No. RWV #002-15. The right-of-way originally sought to be vacated included a designated alleyway lying west of Lots 4, 5, 6, 7 and 8 of Block "D" of the plat South Park Addition to North Yakima, all generally located in the vicinity of Naches Avenue and Pacific Avenue. The Petitioner's Amended Petition requested vacation of the portion of the alleyway lying adjacent to Lot 5 and a portion of Lot 4 of the above - referenced Plat, together with the portion of Lot 4 described in Recital "D" below. D. A portion of Petitioner's Property Parcel Number 191330-12403 (Lot 4) was allegedly conveyed by Associated Grocers in or about 1985 to the City for right-of-way purposes by Quit Claim Deed. The Quit Claim Deed is dated May 20, 1985 and recorded under Yakima County Auditor's File No. 2734785. A review of title history, on record in this case, establishes that Associated Grocers was only a lessee of the Lot 4 and did not have any rcc� DEX ownership title to convey to the City. Consequently, the City and Petitioner have agreed and desire to stipulate below that the City received no ownership or right-of-way interest from Associated Grocers in that portion of Lot 4 allegedly conveyed to the City pursuant to such Quit Claim Deed. Further, the parties have agreed that the Petition should be modified to exclude the portion of Lot 4 from the requested right-of-way vacation. E. After the City's original administrative review of the Petition, the City recommended that, if the portion of Lot 4 shown as right-of-way was to be vacated, then the entire length of the alleyway (from Lot 4 through Lot 8) to Pacific Avenue should also be vacated. Petitioner agreed to modify his Petition to include the remainder of the alleyway north to Pacific Avenue. F. At the public hearings conducted by the Hearing Examiner on June 9 and June 30, 2016, the Petitioner presented title reports showing that the Lot 4 right-of-way conveyed by Associated Grocers should be removed from title as described above. City and Petitioner agreed, and further stipulated that, based on such modification, only the portion of the alleyway abutting Lots 4 and 5 should be vacated, reserving to the City an easement for public and private utilities within the vacated area. NOW, THEREFORE, the parties stipulate and agree as follows: Section 1. The Petition is modified to provide only for vacation of the alleyway abutting Lots 4 and 5 as described in the legal description and shown on the map attached jointly hereto as Attachment A. Section 2. The Petition is modified to exclude the designated right-of-way encumbering Lot 4, which encumbrance shall be removed separately by City's execution and delivery to Petitioner of a Quit Claim Deed conveying any and all of City's interest and/or right- of-way upon, within and across Lot 4. Section 3. The parties stipulate and agree that the modification of the Petition described in Sections 1 and 2 above shall be binding and effective on both parties, their heirs, successors and assigns, and that the Hearing Examiner shall have authority to prepare and issue a recommendation to the City Council in reliance upon such stipulation, and to further define the alleyway to be vacated, the amount of compensation to be paid to City for such right-of-way vacation, and to perform any other action or make recommendation for such action in accordance with applicable laws and procedures. STIPULATED AND AGREED, with effective date being the date this instrument is signed by the last party to sign below. CITY OF YAKIMA: By:... Joan Davenport, Director Community Development Department Date: July , 2016 PETITIONER: By: Date: July 2016 Date: July , 2016 KEN MAR i1 LE R. V#002-15 EXHIBIT LIST CHAPTER A Staff Report DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Division. Joan Davenport, AIC', Director 129 North Second Street, 2°d Floor, Yakima, WA 98901 ask,planning@yakimawa.gov • www.yakimawa.gov/services/planning CITY OF YAKIMA FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATION for PETITION FOR RIGHT-OF-WAY VACATION Application Number: RWV#002-15 PETITIONER: Ken Marble REQUEST: Proposed public right-of-way vacation of an alley in the vicinity of Naches and Pacific Avenues. PROJECT LOCATION: Vicinity of Naches and Pacific Ave. PARCEL NUMBER(S): Adjacent Parcels: 191330-12405; 181330-12406; 191330- 12407; 191330-12404; 191330-12012; 191330-12003; and 191330-12403 DATE OF REQUEST: October 26, 2015 DATE OF HEARING: June 9, 2016 STAFF CONTACT: Trevor Martin, Associate Planner SUMMARY OF RECOMMENDATION: The City of Yakima Planning Division recommends approval of this vacation request subject to conditions. From the view of the site, the matters contained in the application, Development Services Team comments, and a review of the Yakima Urban Area Comprehensive Plan, the Yakima Urban Area Zoning Ordinance, and RCW 35.79 staff makes the following: FINDINGS BACKGROUND On October 26, 2015 the City of Yakima Department of Community Development received a petition from Ken Marble, for the vacation of a portion of platted right-of-way. The proponent has requested this vacation in order to, "be able to fence around the property and include it with the adjacent M-1". Legal description and site plan included in File No. RWV#002-15. There are no future City plans for development of the subject right-of-way. The City of Yakima records indicate that the subject right-of-way was originally dedicated to the County of Yakima by the Plat of South Park Addition on October 23, 1888. This area was annexed by the City of Yakima on March 21, 1910. DOC. INDEX Yakima 2015 1994 Hearing Examiner Authority: The Hearing Examiner has jurisdiction to conduct public hearings on petitions and resolutions to vacate streets and public right-of-way pursuant to RCW Ch. 35.79. Decisions of the examiner on such matters shall constitute a recommendation to the City Council (YMC Ch. 1.43.080(H)). Urban Area Zoning Ordinance: Technically, street rights-of-way are not designated with an underlying zoning district. However, upon vacation they become zoned the same as the properties to which they are immediately contiguous. In this case, the contiguous zoning is Light Industrial (M-1). The entire portion of alley between Pacific Ave. and Naches Ave. will be zoned M-1 upon vacation. Urban Area Comprehensive Plan: Street rights-of-way do not contain an underlying comprehensive plan designation. Upon vacation they will obtain the same comprehensive plan designation as the properties to which they are immediately contiguous. The subject portions of right-of-way, once vacated, will have a Future Land Use Designation of Industrial. Revised Code of Washington (RCW) 35.79: This chapter of state law stipulates the state's requirements for the process of vacating street right-of-way. All requirements of this chapter that can be accomplished prior to the public hearing have been fulfilled. State law provides that the property within the limits to be vacated shall belong to the owners of the lots abutting each side of the vacated area, one-half to the owners on each side of the vacated area. (RCW § 35.79.040) ZONING AND LAND USE The property being vacated is considered public right-of-way and surrounding properties have the following characteristics. Direction Zoning Land Use North R-1 Single Family South M-1 Wholesale Trade East M-1 Single Family; Storage West M-1 Wholesale Trade DEVELOPMENT SERVICE TEAM REVIEW On May 10, 2016, a Development Service Team meeting was held to discuss the possible impacts of this vacation. The following comments were received from public agencies and private companies with an interest in the development herein being reviewed: Sewer: An easement must be granted for the existing sanitary sewer line that drains south through the existing alley. Provide an exhibit indicating the location of the sewer along with the easement area to be retained. Water / Irrigation Engineer: Minimum 16 foot easement for access, maintenance and operation of existing irrigation facilities shall be maintained. Pacific Power: on January 20, 2016, the City of Yakima Planning Division received a letter from Richard Birch stating "Pacific Power has no objections to the proposed vacation, provided that utility rights are reserved across the westerly portion of the proposed vacation area for the continued maintenance of an active transmission line." Marble RWV#002-15 DOC. 2 PUBLIC USE OF THE RIGHT-OF-WAY The subject portion of alley to be vacated is completely unimproved on the surface. No curb, gutter, or asphalt are located on this portion of right-of-way. CRITERIA FOR VACATION OF RIGHT-OF-WAY City policy provides specific guidelines for right-of-way vacations. These guidelines include five criteria that must be met in the granting of vacation petitions. They are as follows: 1) The petition must explain the public benefit of the project, the reasoning of the proposed vacation and the limits of the vacation. Petitioner Response: The owner of Parcel No. 191330-12404 wants to be able to fence around their property and include it with the adjacent M-1, light industrial parcels that he owns and make it a useful parcel. Parcel No. 191330-12404 is zoned M-1, light industrial, but cannot be used as such by itself because it is not large enough to accommodate any light industrial uses. Vacating the alley will limit access to adjacent lands that the applicant owns. Adjacent parcels to the north can use the remaining existing alley for access if they want. Garbage pickup for the existing parcels to the north will have to be changed to the front of the parcels on Naches Avenue or the garbage truck will have to back up after emptying the garbage cans. Staff Response: Vacating the entire right-of-way is in the best interest of the public and will provide for the safety of the employees and students, as well as, the general public. The Planning Division has contacted the Refuse Division and they have indicated that the existing dumpster locations will have to be moved to the street, but Refuse would be willing to work with the residences while they became acclimated to the new locations. 2) The vacation of right-of-way does not deny sole access to any property. Petitioner Response: The vacation will not deny sole access to a public street for any property. Ken Marble owns the lots to the south. Staff Response: It has been determined that no sole access will be prohibited due to this right-of- way vacation. The residents to the north will still have access through an easement that will be require as a result of this right of way vacation. 3) Petitions should be consistent with the Six -Year Transportation Improvement Plan, Urban Area Comprehensive Plan and other official city plans and policies Petitioner Response: The proposed street vacation of the alley between Naches and Pacific Avenues, does not interfere with existing plans of the City. Staff Response: The current Transportation Improvement Plan (TIP) indicates no planned improvements are to be done to the right-of-way that is to be vacated. 4) Vacation requests should be appropriate with existing and anticipated development in the area, based on zoning, current use and long range plans. Petitioner Response: Yes. Staff Response: There is no anticipated development of the public right-of-way. Currently the alley serves primarily as a pickup location for two residential dumpsters. The current alley is unimproved and vacating the alley would allow the property owners to the south to more effectively use their property. Marble RWV#002-15 DOC. INDEX \ 3 5) Existing utilities (public and franchised) should be relocated at the developer's expense or an adequate easement provided. Where appropriate, if existing utilities are deemed unnecessary, this requirement may be waived. Applicant Response: Yes, there are power and communication facilities on poles and a sanitary sewer line. Irrigation comes from the north and ends at the north line of Lot 5. No utilities will have to be relocated All utilities are in the original 10' alley. Staff Response: The City of Yakima Planning Division has received comments from Pacific Power stating they are okay with the vacation, provided utility rights are reserved... City of Yakima Water division has stated that a 16 foot easement for access shall be established... City of Yakima Sewer also stated that an easement for sewer access shall be retained. Per YMC § 12.02.010 - ...Public utility easements shall also be established across the front of new lots and redeveloped lots to provide future utility access as determined necessary by the City Engineer... Per YMC § 12.02.020 - Eight -foot -wide utility easements shall be dedicated along the front of each lot in subdivisions and short subdivisions. Easements for new and/or future utility lines shall be a minimum of eight feet in width, or twice the buried depth of the utility, whichever is greater. The City Engineer has stated that a 16 foot utility easement for access, maintenance and operation of existing facilities shall be established and maintained along the north to south portion of the proposed right-of-way vacation. FAIR MARKET APPRAISAL AND COMPENSATION TO THE CITY City Resolution #R-2013-089 specifies the requirements under which compensation must be paid to the City for vacation of public streets and alleys. No compensation will be required to be paid to the City due to the fact that the vacated street's ownership will revert to Ken Marble as owner of the property abutting the vacated portion of the alley, street or right-of-way. TRAFFIC STUDY The City of Yakima Traffic Engineer has determined that a traffic study is not required for this right-of-way vacation. ENVIRONMENTAL REVIEW Street vacations are categorically exempt from SEPA review (WAC 197-11-800(2)(h) and YMC Ch. 6.88). PUBLIC NOTICE The Yakima City Council set the date of this public hearing for street vacation on May 3, 2016, by resolution #R-2016-053; in accordance with RCW 35.79.010. Other notices of this hearing were provided for in the following manner: Posting in three public places Legal ad published Adjoining property owner notices mailed Posting of property Marble RWV#002-15 May 5, 2016 May 9, 2016 May 9, 2016 May 10, 2016 DOC. ANDER 411. PC - 4 CONCLUSION 1. Petition signatures for this vacation were obtained from the necessary two-thirds of the property owners fronting this vacation. 2. The subject right-of-way was originally dedicated to the County of Yakima by the Plat of South Park Addition on October 23, 1888. This area was annexed by the City of Yakima on March 21, 1910. 3. If this request is approved, the vacated rights-of-way will be zoned M-1,. 4. No properties will be denied sole access to the public street system by vacating these rights- of-way. 5. An easement granting access to existing utility facilities will be required per YMC Title 12 and the Yakima City Engineer. 6. The petition for vacation of these public rights-of-way does not conflict with any planned street improvement projects or other plans or projects of the City of Yakima. 7. The intended use of the property, once vacated, will benefit the general public due to the fact that this will eliminate an encroachment issue that requires a Right -of -Way Use permit. 8. A traffic analysis for this proposal was not required. 9. All necessary requirements for street vacations in RCW 35.79 are met. 10. Compensation to the City is not required for this right-of-way vacation, in accordance with resolution #R-2013-089. 11. No letters were received in opposition to this proposal. RECOMMENDATION The Planning Division recommends that the petition for the vacation of platted rights-of-way adjacent to land owned by Ken Marble be approved, subject to the following conditions: 1. A 16 foot utility easement for access, maintenance and operation of existing facilities shall be established and maintained along the north to south portion of the proposed right-of-way vacation. 2. The proposed right-of-way vacation shall be vacated and new legal description and survey shall be provided. 3. The vacated right-of-way shall be zoned Light Industrial (M-1),. Marble RWV#002-15 DOC, INDEX A-1 5 IGEN MARBLE RWV#002-15 EXHIBIT LIST CHAPTER B Site Plan d y / $ «yam Devacate, RAINIER S Yakma GS City of s kManagement, Ek,HERE7176wr,� KEN MARBLE RWV#002-15 EXHIBIT LIST CHAPTER C Site Plan PACIFIC AVENUE 9 6922'01' E 10' ALLEY BEING VACATED 165.01' N,.89'24'51y W 1 12+99' (125') N 89'26'42" W / 165 CHAIN'_:NK FENCE NORTH OF EINDRY '_INE 40 0 40 FEET PLAT CORN 2' AL. CAP FNP. 329.98' 494.96' I PARK STREET PLAT CORNER NAIL W7tVASHER FND. SCALE 1' . 40' rn LEGAL DESCRIPTION OF PORTION OF ALLEY TO BE VACATED THAT PORTION OF THE 10—FOOT WIDE ALLEY ON THE WEST SIDE OF BLOCK "D" OF SOUTH PARK ADDITION TO NORTH YAKIMA, W.T. (NOW YAKIMA, WASHINGTON) AS RECORDED IN VOLUME "B" OF PLATS, PAGE 2, RECORDS OF YAKIMA COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 4 OF BLOCK "D" OF SAID PLAT; THENCE SOUTH ALONG THE WEST LINE OF SAID LOT 4 TO A POINT 25 FEET SOUTH OF THE NORTH LINE OF SAID LOT 4; THENCE WEST PARALLEL WITH THE NORTH LINE OF SAID LOT 4, 10 FEET TO WEST LINE OF SAID 10—FOOT WIDE ALLEY; THENCE NORTH ALONG SAID WEST LINE TO THE INTERSECTION OF THE NORTH LINE OF LOT 5 OF SAID BLOCK "D" EXTENDED WEST TO THE WEST LINE OF SAID 10—FOOT WIDE ALLEY; THENCE EAST ALONG SAID NORTH LINE EXTENDED TO THE NORTHWEST CORNER OF SAID LOT 5; THENCE SOUTH ALONG THE WEST LINE OF SAID BLOCK "D" TO THE NORTHWEST CORNER OF SAID LOT 4 AND THE POINT OF BEGINNING. CONTAINING 751.6 5Q. FT. 30.2016 RECEIVED JUN 3 0 2016 CITY OF YAKIMA PLANNPI:A DIV. PLSA ENGINEERING—SURVEYING—PLANNING 1120 WEST LINCOLN AVENUE YAKIMA, WASHINGTON 98902 15091 575-6990 ALLEY VACATION MAP PARCEL NO'S. 191330 - 12403 & 12404 -PREPARED FOR - HORIZON DISTRIBUTION, INC. DRAWN 66 RICK 0A6E 6/30/2016 Joe N0. 14125 NW 1/4, NE 1/4, SEC. 30, T-13 N, R-19 E SHEET N0. 1 of 1 Azf KEN MARBLE RWV#002-15 EXHIBIT LIST CHAPTER :1) DST Review DST Request for Comments (1st Meeting) Comments from Jeremy Hoover, Utility Engineer DST Request for Comments (2nd Meeting) Comments from Mike Shane, Water/Irrigation Engineer CITY OF YAKIMA PLANNING DIVISION CITY OF YAKIMA anning DST COMMENTS Project Name: Ken Marble File Number: RWV#002-15 N Ty, DST COMNTS "ext C y ti !Minimum 18' easenenl i t access, maintenance mike,shane¢: yaiki 05117118 and operation of exist]° ' ation Facilities shalt mawa.gov be intaner. DOC. INDEX looloolooloolooloommonE II A City of Yakima Development Services Team Request For Comments May 5, 2016 To: City of Yakima Development Services Team From: Trevor Martin, Associate Planner Request for Comments Subject: Applicant: Ken Marble File Number: RWV#002-15 Location: Vicinity of Naches and Pacific Ave. Parcel Number(s): 191330-12404 DST MEETING DATE:' 5/10/2016 Proposal Proposal to vacate an alley in the vicinity of Naches and Pacific Ave. Please review the attached application and site plan and prepare any written comments you might have regarding this proposal. This project will come up for discussion at the weekly DST meeting to be held �!�°fir 20,2 ��15a1: ;(„ pl,pi7m,, As always, should you have comments, but find you are unable to attend, please submit your comments prior to the meeting. My email address is trevor.martin@yakimawa.gov and the Planning Department's fax number is (509) 575-6105. Should you have any questions, or require additional information, please call me at (509) 575-6162. Comments: Contact Person Department/Agency r CITY t,)V YAIKVA arming CITY OF YAKIMA PLANNING DIVISION Project Name: Ken Marble File Number: RWV#002-15 PType Text DST COMMENTS c By In SITE PLAN! An easement must ire granted for the existtn swatary sewer line that drains south through the akim&gov existing alley. Provide an exhibit indicalin9 the location of the sewer alorh9 with the easement area to be retained. jeremy.lhaoaer y 12121/15 DOC. INDEX 1l- cig Pnn n City of Yakima Development Services Team Request For Comments December 17, 2015 To: From: Cit of Yakima Development Services Team Trevor Martin, Assistant Planner Subject: Request for comments Applicant: File Number: ken Marble RWV#002-15 Location: Parcel Number(s): DST MEETING DATE: Vicinity of Naches and Pacific Ave. 19133012404 12/29/2015 Pro + osal Proposal to vacate an alley way in the vicinity of Naches and Pacific Ave. Please review the attached application and site plan and prepare any written comments you might have regarding this proposal. This project will come up for discussion at the weekly DST meeting to be held Dtgru be2115 t2 mom,, As always, should you have comments, but find you are unable to attend, please submit your comments prior to the meeting. My email address is trevor.martin@yakimawa.gov and the Planning Department's fax number is (509) 575-6105. Should you have any questions, or require additional information, please call me at (509) 575-6162. Contact Person Department/Agency DOC. INDEX IGEN MARBLE RWV#002-15 EXHIBIT LIST CHAPTER E Application Land Use Application for a Right -of -Way Vacation RECEIVED ���� P a n sµ pp � n n°i ' LAND USE APPLICATION C' . ,, CITY OF YAKIMA, DEPARTMENT OF COMMUNITY DEVELOPMENT 129 NORTH SECOND STREET, 2ND FLOOR, YAKIMA, WA 98901 )J" ¥( , Y���(gjt�� VOICE: (509) 575-6183 FAX: (509) 575-6105° IQ 00e'''` 0�1�'. INSTRUCTIONS — PLEASE READ FIRST Please type or print your answers clearly. Answer all questions completely. If you have any questions about this form or the application process, please ask a Planner. Remember to bring all necessary attachments and the required filing fee when the application is submitted. The Planning Division cannot accept an application unless it is complete and the filing fee paid. Filing fees are not refundable. This application consists of four parts. PART I - GENERAL INFORMATION AND PART IV — CERTIFICATION are on this page. PART II and III contain additional information specific to your proposal and MUST be attached to this page to complete the application. PART I — GENERAL INFORMATION Name: Ken Marble 1. Applicant's Mailing Address: PO Box 1021 Information: City: Yakima t. WA yip: 98907 P9av„c. ( )509-853-1677 E -Mail: kmarble@hdweb.com or amarble@hdweb.com 2. Applicant's Interest in Property:wwu.. Check One: l°'!l Owner Agent [ Purchaser Other Name: 3. Property Owner's Mailing Address: Information (If other than Applicant): City: St.:Jip: P ) E -Mail: 4. Subject Property's Assessor's Parcel Number(s): 1 91 330-1 2404 5. Legal Description of Property. (if lengthy, please attach it on a separate document) Lot 5, Blk D, South Park Addition 6. Property Address: Naches Avenue and Pacific Avenue 7. Property's Existing Zoning: • SR • R-1 • R-2 • R-3 • B-1 • B-2 • HB • SCC • LCC • CBD ■ GC • AS • RD R,"°1 M-1 • M-2 8. • • • • • • IN • ■ • Type Of Application: (Check All That Administrative Adjustment Type (1) Review Type (2) Review Type (3) Review Preliminary Short Plat Final Short Plat Short Plat Amendment Preliminary Long Plat Final Long Plat Plat Alteration —Long Plat Apply) • !9 • • • • • • ■ • Environmental Checklist (SEPA Review) Right -of -Way Vacation Transportation Concurrency Non -Conforming Use/Structure Appeal to HE / City Council Interpretation by Hearing Examiner Modification Home Occupation Comprehensive Plan Text or Map Amendment Short Plat Exemption: • • • • • • ■ 1 ■ ■ Easement Release Rezone Shoreline Critical Areas Review Variance Temporary Use Permit Overlay District Binding Site Plan Planned Development Other:......._..._ ..................................._ PART II — SUPPLEMENTAL APPLICATION, PART III— REQ 'IIRE Ih ATTACHM:L N I"S, & PART IV —NARRATIVE 9. SEE ATTACHED SHEETS PART V — CERTIFICATION 10. ce • �ltat tlwc Iapfortntu o� � this application and the required attachments q ar true and korrett to the best of my knowledge. Pr perm Owur .r's Signature Date Applucant's Signature Date FILE/APPLICATION(S)# , "i A O _ Revised 08/2015 INDEX Page 13 CITY OF YAKIMA PLA'\!',!'`:± DIV. pp Application ���1 Supplemental A lication For: R GHT-OF-WAY VACATION A1m'y'�'$'` Fee: $420.00 (RCW 35.79) (+50% appraised value) hOnyiTa0 PART 1. VICINITY Alley II - LOCATION - LOCATION OF RIGHT-OF-WAY TO BE VACATED: West of Naches Avenue and South of Pacific Avenue along Lot 5, Block D, South Park Addition. 2. LEGAL DESCRIPTION OF THE RIGHT-OF-WAY TO BE VACATED: (Attach if lengthy) See Attached PART III - APPLICATION INFORMATION 3. A WRITTEN NARRATIVE: (Please submit a written response to the following questions) A. What is the public benefit, reason for, and limitations of the proposed right-of-way vacation? See Attached B. Does the vacation deny sole access to a public street for any property? No C. Is the proposal consistent with existing plans of the City? (Petitions should be consistent with the Six-year Transportation Improvement Plan, the Urban Area Comprehensive Plan and other official City Plans and policies) Yes D. Is the vacation appropriate with existing zoning and land use? (Vacation of Right -of -Ways should be appropriate with existing and anticipated development in the area, based upon zoning, current use and long-range plans) Yes E. Are there any public or franchised utilities in the right-of-way to be vacated and if so, will they be relocated? Yes, there is power and communications facilities on poles and a sanitary sewer line. Irrigation comes from the north & ends at the north line of Lot 5. No utilities will have to be relocated. All utilities are within the original 10' alley. PART IV - REQUIRED ATTACHMENTS 4. SITE PLAN REQUIRED: (Please use the City of Yakima Site Plan Checklist, attached) 5. PETITION 6. TITLE TO VACATE STREET OR ALLEY REQUIRED (attached) REPORT (maybe waived) 7. SURVEY OF THE AREA TO BE VACATED (may be waived) 8. APPRAISAL OF THE PROPERTY (If the assessed value of the portion of right-of-way to be vacated exceeds $20,000) 9. ENGINEERING PLAN (may be required to indicate how the curb, gutter and other physical features will be treated after the vacation is enacted.) 10. TRAFFIC ANALYSIS (A traffic analysis prepared by a Certified Engineer, which describes the impact to the City transportation network of the closure of the right-of-way, may be required depending on the right-of-way being vacated. As a result of that analysis, a Traffic Study may also be required) Note: if you have any questions about this process, please contact us City of Yakima, Planning Division, 129 N. 2nd St., Yakima, WA or 509-575-6183 INDEX Revised 08/2015 Page 14 PETITION NO. CITY OF YAKIMA, WASHINGTION PETITION TO VACATE STREET OR ALLEY To the City Council of the City of Yakima, Washington. Comes now the undersigned petitioners and, pursuant to RCW Chapter 35.79, now respectfully show: The undersigned petitioners request that the following described street, alley or portion thereof, located in the City of Yakima, be vacated pursuant to RCW 35.79 (provide legal description below, or attach to petition if lengthy). Each of the undersigned petitioners is the owner of an interest in real estate abutting on the above-described area. The undersigned petitioners constitute owners of more than two-thirds of said abutting property. Wherefore, petitioners pray that proceedings be heard hereon for the vacation of said area in the manner prescribed by RCW Ch. 35.79. r PCs (C Ong „6, Addre /- Date idnature c9 7 Owner Signature Address Date Ownership % Owner Signature Address Date Ownership (if there are more property owners than what is room for please attach a separate list of property owners abutting the right-of-way to be vacated as well as their address, percentage of frontage on the right-of-way, and signature with date and the total ownership percentage of the property owners participating in this vacation) Revised 08/2015 RECEIVED oc r 51 '; ;x(11 CITY OF YAKIMA PI_ A !,!w', S DIV DOC. !N Page 16 PETITION NO. /C— O CITY OF YAKIMA, WASHINGTION PETITION TO VACATE STREET OR ALLEY To the City Council of the City of Yakima, Washington. Comes now the undersigned petitioners and, pursuant to RCW Chapter 35.79, now respectfully show: The undersigned petitioners request that the following described street, alley or portion thereof, located in the City of Yakima, be vacated pursuant to RCW 35.79 (provide legal description below, or attach to petition if lengthy). Each of the undersigned petitioners is the owner of an interest in real estate abutting on the above-described area. The undersigned petitioners constitute owners of more than two-thirdF, of said abutting property. Wherefore, petitioners pray that proceedings be heard hereon for the vacation of said are in the manner prescribed by RCW Ch. 35.79. v CAA- 7 -At-- Jit d Z, S rvz►- 4240/17t4,- lyoe t Address Knitc Owner Signature Owner Signature 3 f 1 L( i6 Date / r) Ownership % Ib -I s 4'✓tr *I 31, ct 1Jv Address Date /1(90 Ownership Address Date Ownership (if there are more property owners than what is room for please attach a separate list of property owners abutting the right-of-way to be vacated as well as their address, percentage of frontage on the right-of-way, and signature with date and the total ownership percentage of the property owners participating in this vacation) Revised 07/2014 N E, 04, PLAWggCA DIV Page 6 LEGAL DESCRIPTION OF PORTION OF ALLEY TO BE VACATED That portion of the 10 -foot wide alley on the West side of Block "D" of SOUTH PARK ADDITION to NORTH YAKIMA, W.T. (now Yakima, Washington) as recorded in Volume "B" of Plats, Page 2, records of Yakima County, Washington, described as follows: Beginning at the Northwest corner of Lot 4 of Block "D" of said plat; thence South along the West line of said Lot 4 to a point 25 feet South of the North line of said Lot 4; thence West parallel with the North line of said Lot 4, 10 feet to West line of said 10 -foot wide alley; thence North along said West line to the intersection of the North line of Lot 5 of said Block "D" extended West to the West line of said 10 -foot wide alley; thence East along said North line extended to the Northwest corner of said Lot 5; thence South along the West line of said Block "D" to the Northwest corner of said Lot 4 and the Point of Beginning. Containing 751.6 Sq. Ft. 6-3o-20/4 DOC. IND ## E- rIV MD JUN 3 ?096 CITY OF YAKIMA AwlF " IV,. SITE PLAN CHECKLIST & INSTR CTI ab In Order For Application To Be Determined Complete, A Site Plan Must Be Completed And Returned. A Detailed Site Plan Is Required: On August 8, 1996, the City Council passed a resolution (No. R-96-91) adopting a requirement that all site plans submitted in conjunction with my building permit application, land use application, and environmental application shall contain certain information and be approved by the appropriate Division Manager. All information that is applicable to your proposal shall be checked off and clearly displayed on the site plan. It is in the applicant's best interest to provide a carefully drawn and scaled site plan with all required information. The decision on whether or not to grant approval of your development proposal is largely based on the information you provide. An application cannot be processed until an adequate site plan is submitted. Please complete this checklist and include it with your site plan. The site plan must contain all pertinent information. Items not applicable to the proposed project shall be noted. 1) Use Ink: Use blue or black permanent ink. It may be helpful to draft the site plan in pencil then trace over in ink. Ink is necessary for adequate duplication. 2) Use A Straight Edge: All lines must be straight and done with the aid of a ruler or other straight edge. Use a compass when delineating circular drawings such as cul-de-sacs. Computer drafted site plans are acceptable. 3) Draw To Scale: Site plans shall be drawn to scale. The site plan template has a suggested map scale of one inch equaling twenty feet (1"=20'). Distances on the map must be as representative of reality as possible. For example, if the distance from a structure to a property line is 20 feet, the distance on the site plan will be 1 inch. 4) Use Site Plan Checklist: Use the site plan checklist and provide all applicable information on the site plan. 5) Fill In Information On The Site Plan Template Avaliable At The City Of Yakima Or Attach The Information Below To Your Site Plan: Complete all information requested on the bottom of the site plan template. If you use a different medium, provide the requested information on the alternative paper. Note: You may benefit from the aid of a professional in the preparation of a site plan. Check all boxes as: 1 Included or - Not Applicable o 0 The site plan shall be legibly drawn in ink on paper of sufficient size to contain the required information, but not less than 8.5" X 11" for Class (1) projects and 11" X 17" for Class (2) and Class (3) projects. All site plans shall be drawn to a standard engineering scale and indicated on the site plan. The scale selected shall best fit the paper. Planning staff recommends 1"=20'. • • Site address, parcel number(s) and zoning designation of subject property.. Property boundaries and dimensions, _❑ ❑ Names and dimensions of all existing streets bounding the site. _ , Dimensionslocation, & use of proposed & existing s tinctures (include loading docks) with structure setbacks. ■ ...._ ■ Structure setbacks Lot coverage with calculations, n • • • n Location and size of any easements. Location and type of existing and proposed landscaping including landscaping within the public right-of-way. Location and size of existing and proposed side sewer and water service lines. Adjacent land uses and zoning designations. Location and size of allarkin p g spaces. ■ • Location and dimensions of proposed or existing driveway approaches. Vision clearance triangles at street intersections and where driveways and curb cuts intersect with streets. SEE 15.05.040 — Vision Clearance attached with Sample Site Plan Location and size of proposed or existing signs. • ❑ Location and size of required site drainage facilities including on-site retention. Location, type, and description of required sitescreening. ❑ • Location and size of existing or proposed public sidewalks that are within 200 -feet of the subject property, Proposed improvements located within the public right-of-way. MI Name, address, phone number, and signature of the owner or person responsible for the property. Note: Planning Division or reviewing official may require additional information to clarify the proposal, assess its impacts, or determine compliance with the YMC and other laws and regulations, Revised 08/2015 Page 1 5 KEN MARBLE RWV#002-15 EXHIBIT LIST CHAPTER F Public Comment r�r / ,�r r i ////7 r rr, r/ �r /r�% „rr,rr %rr,ii %,� �rfr / /r F-1 Comments from Richard Birch, Pacific Power 01/20/2016 Peters, Jeff From: Davenport, Joan Sent: Friday, January 22, 2016 2:58 PM To: Peters, Jeff Subject: FW: Vacation of platted alley right-of-way RWV#002-15 Jeff - Will you please look at this question and respond to his request? Thanks!! Joan From: Ask Planning Sent: Wednesday, January 20, 2016 10:51 AM To: Davenport, Joan Subject: FW: Vacation of platted alley right-of-way RWV#002-15 From: Birch, Richard [rnailto:Richard, rch@p cificorp.com] Sent: Wednesday, January 20, 2016 9:52 AM To: Ask Planning Subject: Vacation of platted alley right-of-way RWV#002-15 Ms. Davenport, Good morning. This e-mail is in response to a notice sent to Pacific Power regarding a vacation of an alleyway that is near the intersection of Pacific Avenue & S. Naches Avenue and has a Case File of RWV#002-15. Pacific Power has reviewed the petition and have no objection to the proposed vacation, provided that utility rights are reserved across the westerly portion of the proposed vacation area for the continued maintenance of an active transmission line. Please let me know if the City of Yakima requires a drafted letter to be mailed requesting a reservation of utilities rights or if this e-mail to the planning department will suffice. Thank you. Richard Birch Property Agent Pacific Power (503) 813-6240 Richard,Birch@PacifiCorp.com 1 DOC. INDEX G-1 G-2 G-3 KEN MARBLE RWV#002-15 EXHIBIT LIST CHAPTER G Public Notices Determination of Application Completeness Revised Determination of Application Completeness Determination of Application Completeness (After Receiving Additional Information from Applicant) G-4 G-5 G-7 Agenda Statement: Set Date for Hearing Examiner Public Hearing (Resolution No. R-2016-008) Notice of�-__._.._......._. ............_ Petition and Public Hearing Legal Notice Press Release and Distribution E-mail Parties and Agencies Notified Affidavit of Mailing Land Use Action Installation Certificate G -5a: G -5b: G -5c: G -5d: Affidavit of Posting of Resolution 11/25/2016 12/14/2015 04/01/2016 01/05/2016 01/08/2016 G-8 Notice of Cancelled Public Hearing G -8a: Legal Notice G -8b: Press Release and Distribution E-mail G -8c: Parties and Agencies Notified G -8d: Affidavit of Mailing G-9 Agenda Statement: Set Date for Hearing Examiner Public Hearing (Resolution No. R-2016-053) G-10 Affidavit of Posting of Resolution (After Rescheduling Public Hearing) G-11 Land Use Action Installation Certificate G-12 Notice of Petition & Public Hearing (Rescheduled) G -12a: Legal Notice G -12b: Press Release and Distribution E-mail G -12c: Parties and Agencies Notified G -12d: Affidavit of Mailing G-13 Hearing Examiner Agenda and Packet Distribution List 01/19/2016 01/21/2016 02/03/2016 05/03/2016 05/05/2016 05/09/2016 05/09/2016 G-14 Hearing Examiner Public Hearing Agenda & Sign -In Sheet G-15 Notice of Continuance to June 30th, 2016 06/02/2016 06/09/2016 06/09/2016 Hearing examiner Agenda and Packet Distribution List (Continued Hearing) Hearing Examiner Public Hearing Agenda & Sign -In Sheet (Continued Hearing) Agenda Statement: Set Date of City Council Public Hearing Letter of Transmittal to City Clerk: City Council Hearing (Mailing Labels, Vicinity Map, Site Plan) City Council Public Hearing Notice Notice of Hearing Examiner's Recommendation (see DOC INDEX#AA-1 for HE Recommendation) G -21a: Parties and Agencies Notified G -21b: Affidavit of Mailing 06/23/2016 06/30/2016 07/19/2016 07/20/2016 07/22/2016 07/27/2016 AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: RWV#002-15 Ken Marble Vic. of Naches Ave & Pacific Ave I, Lisa Maxey, as an employee of the City of Yakima Planning Division, have dispatched through the United States Mails, a Notice of Hearing Examiner's Recommendation. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant and parties of record, and that said notices were mailed by me on the 27th day of July, 2016. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Department Assistant II Applicant and Parties of Record Notified for NOTIFICATION OF H.E. RECOMMENDATION TO CITY COUNCIL dated July 15, 2016. Applicant: Ken Marble File: RWV#002-15 Address: Vic. of Naches Ave & Pacific Ave Ken Marble PO Box 1021 Yakima, WA 98907 knmrble d dw l ,corn amat.•ble c?hdweb.com Pacific Power Corp c/o Richard Birch 1ichard.Burr lrltactlt Name Carolyn Belles 0 .com Kenneth Marble 301 N 76th Ave Yakima, WA 98908 PLSA Engineering & Surveying 521 N 20th Ave #3 Yakima, WA 98902 twelri).lsaof akita.co n -House Distribution E-mail List Division E-mail Address Code Administration Glenn Denman Joe Caruso Code Administration Suzanne DeBusschere Dan Riddle Mike Shane Mark Soptich Jeff Cutter Mark Kunkler Archie Matthews Joan Davenport Chief Rizzi Code Administration Code Administration Engineering Engineering a.gov lenn.1:. (ciyakimawa. awa.ov httsschere ak maw.a gov i.Riddle@yakimawa.gov Mike.Shane@ a, Scott Schafer Legal Dept ONDS Planning 0'v o,v ctrl ,.l ttnkl r (Ziiyakimawa.gt v rchie.Mattlews(c )ya itt .wa.; v Joan,Daven yakimawa.gov Police Department Public Works Dept Loretta Zammarchi Randy Layman Kevin Futrell Refuse Division Refuse Division Transit Division akimawa Q! ),yakinaawa.gov rchi )yakim ov James Dean Dana Kallevig Randy Meloy Utilities For the Record/File Binder Copy Devin. kinnawa,. 1 v yakiti'naw oy c ya.k i ntwfa, gov elt7; ,2 akinla va. Dov Revised 05/2016 DOC. w IND . . est G—,2 \ c� Maxey, Lisa From: Maxey, Lisa Sent: Wednesday, July 27, 2016 8:59 AM To: Belles, Carolyn; Brown, David; Caruso, Joe; Cutter, Jeff; Davenport, Joan; Dean, James; DeBusschere, Suzanne; Denman, Glenn; Futrell, Kevin; Ibarra, Rosalinda; Kallevig, Dana; Kunkler, Mark; Layman, Randy; Matthews, Archie; Maxey, Lisa; Meloy, Randy; Riddle, Dan; Rizzi, Dominic; Schafer, Scott; Shane, Mike; Soptich, Mark; Zammarchi, Loretta Martin, Trevor Notice of Hearing Examiner's Recommendation - Ken Marble - RWV#002-15 NOTICE OF H.E. RECOMMENDATION - Ken Marble - RWV.PDF Cc: Subject: Attachments: Attached is a Notice of the Hearing Examiner's Recommendation to City Council regarding the above -entitled project. If you have any questions about this proposal please contact assigned planner Trevor Martin at (509) 575-6162 or by e- mail at tre .rr.martin@y, kimaw ov. Thank you! Maxey Department Assistant lll City of Yakima Planning Division (509) 576-6669 1,,isa,ManylkokiniAwa,ggy 129 N 2nd Street Yakima, WA 98901 1 DOG. INDEX ,210� DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Division Joan Davenport, AICP, Director 129 North Second Street, 2nd Floor, Yakima, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning NOTIFICATION OF HEARING EXAMINER'S RECOMMENDATION TO THE CITY COUNCIL July 27, 2016 On July 15, 2016 the City of Yakima Hearing Examiner rendered his recommendation on RWV#002-15. The application submitted by Ken Marble is a proposal to vacate an alley way in the vicinity of Naches Ave and Pacific Ave. The application was reviewed at an open record public hearing held on June 9, 2016 and further continued to June 30, 2016. A copy of the Hearing Examiner's Findings and Recommendation and the Stipulation of the Parties is enclosed. The Hearing Examiner's Recommendation will be considered by the Yakima City Council in a public hearing to be scheduled. The City Clerk will notify you of the date, time and place of the public hearing. For further information or assistance you may contact Associate Planner Trevor Martin at (509) 575-6162 at the City of Yakima, Planning Division. Trevor Martin Associate Planner Date of Mailing: July 27, 2016 Enclosures: Hearing Examiner's Recommendation, Stipulation of the Parties, Site Plan DOC. INDEX Yakima 2015 1994 OFFICE OF THE CITY CLERK 129 North Second Street Yakima, Washington 98901 Phone (509) 575-6037 0 Fax (509) 570-6614 YAKIMA CITY COUNCIL NOTICE OF PUBLIC HEARING Petition of Right -of -Way Vacation Vacating Portion of Alley between Naches & Pacific Avenues NOTICE IS HEREBY GIVEN that the Yakima City Council will conduct a public hearing to consider the Hearing Examiner's recommendation on a right-of-way vacation petition requested by Ken Marble to vacate a portion of the alley between Naches and Pacific Avenue Said public hearing will be held Tuesday, August 16, 2016 at 6:30 p.m. in the Council Chambers at City Hall located at 129 North 2nd Street, Yakima Washington. For additional information, please contact Trevor Martin, Associate Planner, 575-6162, or e-mail to trey r,martinQ -ki awe, ov. Any citizen wishing to comment on this issue is welcome to attend the public hearing or contact the City Council in the following manner: 1) Send a letter via regular mail to "Yakima City Council, 129 N. 2"d Street, Yakima, WA 98901," or, 2) E-mail your comments to city.c©uzil akim wa,gov. Include in the e-mail subject line, "Marble ROW vacation." Please also include your name and mailing address. Dated this 22"d day of July, 2016. Sonya Clear Tee City Clerk Mailed July 25, 2016 DOC. INDEX CITY OF YAKIMA, PLANNING DIVISION LETTER OF TRANSMITTAL I, Lisa Maxey, as an employee of the City of Yakima, Planning Division, have transmitted to: Sonya Claar-Tee, City Clerk, by hand delivery, the following documents: 1. Mailing labels for KEN MARBLE (RWV#002-15) including all labels for adjoining property owners of subject property, agencies and parties of record. 2. One site plan 3. One vicinity map. Signed this 20nd day of July, 2016. Department Assistant II Received By: ` IT 11,0' Date: DOC. INDEX G-I�t 19133012400 NEW JERUSALEM MISSIONARY 915 S NACHES AVE YAKIMA, WA 98901 19133012413 YAKIMA HOUSING AUT. GITY PD. B X 14,x,7 YA MA498907 19133012407 DAVID A & LESLEY A SMYSER 3672 N WENAS RD SELAH, WA 989429701 '9 3 20 KENN H YNN.N' AS; L 19133012012 PACIFIC POWER & LIGHT CO 825 NE MULTNOMAH ST STE 1900 PORTLAND, OR 97232 19133012406 ARMANDO & CLAUDIA R GUZMAN 902 S NACHES AVE YAKIMA, WA 98901 19133012416 EVERARDO & MARIA AYALA 907 5 NACHES AVE YAKIMA, WA 989013440 19133012493 YAKIMA HOUSING AUTHORITY PO BOX 1447 YAKIMA, WA 98907 19133012481 _ 4 NNETI391 &"r'IARIILYN MARBLE PQ 8+� A IMA, WA 98 19133012405 ARMONDO & ANNA MARIE GUZMAN 904 S NACHES AVE YAKIMA, WA 98901 19133012412 GUILLERMO ARAGON PELCASTRE 908 S 6TH ST YAKIMA, WA 98901 19133012402 KENWLFI R & MARILYN MARBLE PO BOX1102- YAKI„MAJAIA "8 19133012403 KENNETH R & MARILYN X1021 YAKI w, r A„,98907 19133012417 LEO WALTER HOPP JR 909 S NACHES AVE YAKIMA, WA 98901 19133012411 RIGOBERTO S & ALBA C VALLE 910 S 6TH ST YAKIMA, WA 98901 19133012418 SAUL & MARIA ANGULO 911 S NACHES YAKIMA, WA 98901 PLSA Engineering & Surveying c/o Rick Wehr 521 N 20th Ave #3 Yakima, WA 98902 DOC. I ID # G_I°1 Maxey, Lisa From: Maxey, Lisa Sent: Wednesday, July 20, 2016 12:05 PM To: Claar TeeSonya Subject: Mailing Notice of City Council Public Hearing - Ken Marbe (RWV#002-1 5) Good afternoon, Sonya 1,11 bring you the mailing Iabels later today for this right-of-wayvacation public hearing notice. Please send the notice to these email addresses as well: Thank you! .M 1Depar Rio ent Assistant II (509) 576-6669 — Lisa.Maxey@yakimawa.gov 129 N. 2nd St. Yakima, WA 989o1 1 DOC. INDEX 10' Y BEING VACATED PACIFIC AVENUE PUTL S 89'22'01" E 7 - CAP FN/ 165.01' 1907 124.99' (125) 7 30' A 30' 30.01` z 94:97' .# 134.99' i/ N 89'26'42" W /' 165.00' 124.98' (125') n 165.00' 30' N U z 40 40 FFcETT PLAT CORNER 2` AL. CAP FND. 329.96' SCALE: 1' z 505`'_ .44 494.96' F PARK STREET ui - PUT CORNER NAIL 9/WASHER FND. LEGAL DESCRIPTION OF PORTION OF ALLEY TO BE VACATED THAT PORTION OF THE 10 -FOOT WIDE ALLEY ON THE WEST SIDE OF BLOCK "D" OF SOUTH PARK ADDITION TO NORTH YAKIMA, W.T. (NOW YAKIMA, WASHINGTON) AS RECORDED IN VOLUME "B" OF PLATS, PAGE 2, RECORDS OF YAKIMA COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 4 OF BLOCK "D" OF SAID PLAT; THENCE SOUTH ALONG THE WEST LINE OF SAID LOT 4 TO A POINT 25 FEET SOUTH OF THE NORTH LINE OF SAID LOT 4; THENCE WEST PARALLEL WITH THE NORTH LINE OF SAID LOT 4, 10 FEET TO WEST LINE OF SAID 10 -FOOT WIDE ALLEY; THENCE NORTH ALONG SAID WEST LINE TO THE INTERSECTION OF THE NORTH LINE OF LOT 5 OF SAID BLOCK "D" EXTENDED WEST TO THE WEST UNE OF SAID 10 -FOOT WIDE ALLEY; THENCE EAST ALONG SAID NORTH LINE EXTENDED TO THE NORTHWEST CORNER OF SAID LOT 5; THENCE SOUTH ALONG THE WEST UNE OF SAID BLOCK "D" TO THE NORTHWEST CORNER OF SAID LOT 4 AND THE POINT OF BEGINNING. CONTAINING 751.6 S0. FT. RECEIVED JUN 3 0 2016 CITY OF YAKIMA PLANr1ENO DIV. p ENGINEERING -SURVEYING -PLANNING WEST LNVEYING-PLANNING T120 WEST LINCOLN AVENUE ___........._ _._ YAKIMA, WASHINGTON 98902 MOW 975-$990 ALLEY VACATION MAP ou.m BY k. PARCEL NO'S. 191330 - 12403 9 12404 6/0516 -PREPARED FOR- 1O. 14125 6.30.2016 sT T, INC. NO. NE 1/4. SEC. 3a, T-13 N, R-19 E.1 1 OF 1 5 _ . y _ \ z \ . 3 w«e s Yakima GIS !city of Yakima, Bureau of HERE7DeLorme,I+e 8/4/2016 Coversheet BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.C. For Meeting of: July 19, 2016 ITEM TITLE: Set August 16, 2016, as the date for a closed record public hearing and ordinance for a Right -of -Way Vacation SUBMITTED BY: Joan Davenport, AICP, Community Development Director Trevor Martin, Associate Planner (509) 575-6162 SUMMARY EXPLANATION: Set August 16, 2016, as the date for a closed record public hearing and ordinance to consider the Hearing Examiner's recommendation for a right-of-way vacation of a portion of the alley between Naches and Pacific Avenue submitted by Ken Marble. ITEM BUDGETED: STRATEGIC PRIORITY: NA APPROVED FOR SUBMITTAL: eatov- Interim City Manager STAFF RECOMMENDATION: Set August 16, 2016 as the date for City Council to conduct the closed record public hearing and ordinance to consider the Hearing Examiner's recommendation. BOARD/COMMITTEE RECOMMENDATION: DOC. INDEX https://yaki m a.novusagenda.com/agendai ntranet/CoverSheet.aspx?Item ID=4245&M eeti ngl D=411 1/1 ITY or A 10160101 annrInng DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Division Joan Davenport, AICP, Director 129 North Second Street, 2°d Floor, Yakima, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning CITY OF YAKIMA HEARING EXAMINER AGENDA Thursday June 30, 2016 Yakima City Hall Council Chambers Beginning at 9:00 a.m. I. CALL TO ORDER II. INTRODUCTION III. PUBLIC HEARINGS (Continuation of Public Hearings from June 9, 2016) A. KEN MARBLE (10/26/2015) RWV#002-15 Planner: Trevor Martin Address: Vic. of Naches Ave & Pacific Ave Request: Proposal to vacate an alley way in the vicinity of Naches Ave and Pacific Ave. B. NEIL BUREN (03/23/2016) RWV#001-16 Planner: Trevor Martin Address: Vic. of S. 4th Ave & Spokane St. Request: Vacate the portion of Spokane Street that runs along the northern boundary of parcels 181336-14400 and 181336-14435. IV. ADJOURNMENT If you are unable to attend the hearing, you may submit your comments in writing prior to the hearing. You may also submit written testimony at the hearing. Yakima 7015 19J4 C� 4. TY OT YAKIMA arming RWV#002-15 RWV#001-16 SIGN-IN SHEET City of Yakima HEARING EXAMINER City Hall Council Chambers Thursday June 30, 2016 Beginning at 9:00 a.m. Public Hearin KEN MARBLE NEIL BUREN Irr 4 1 I CITY OF YAK MA an ing If NM Vic. of Naches & Pacific Ayes. Vic. of S. 4'" Ave & Spokane St. PLEASE WRITE LEGIBLY Page 1 DOC. INDEX 1 06/30/2016 HE Hearing i 4 jil rirlir triitreff Page 1 DOC. INDEX 1 06/30/2016 HE Hearing Hearing Examiner AGENDA ONLY Distribution List 02/10/2016 All YPAC r411 'xmllu+lmrlc,r.(E,Yaki,7� cwa gtry kc n cLtmaackctt(rr akiiib).9gQv- mrke.browr1(ily ..mawa.gov !vim c Epzdria ct7yd1, irnawd,g y. Dominic Rizzi Police Chief dominrc rizzilOyal Bob Stewart Fire Chief bob .stewart rkyakirnz w w v Sonya Claar-Tee City Clerk sonya.claarnt:p(yaknl;nl Jeff Cutter Interim City Manager Jcfl.,c r.Acr@,xakrmgwra..ggy call ,PruccaLakirnawa.goy, v Phil Lamb 311 North 3rd Street Yakima, WA 98901 Yakima Assoc. of Realtors Gov. Affairs Committee 2707 River Road Yakima, WA 98902-1165 KCYU-FOX 68 David Okowski 1205 West Lincoln Ave. Yakima, WA 98902 Pacific Power Mike Paulson 500 N. Keys Rd. Yakima, WA 98901 Office of Rural FWH Marty Miller 1400 Summitview #203 Yakima, WA 98902 Yakima School Dist. #7 Superintendent 104 North 4th Street Yakima, WA 98902 KIT-KATS Radio 4010 Summitview, Suite 200 Yakima, WA 98908 KARY Radio 17 N 3rd St Ste 103 Yakima, WA 98901 KIMA TV 2801 Terrace Heights Drive Yakima, WA 98901 KNDO TV 216 West Yakima Avenue Yakima, WA 98902 Yakima Herald -Republic P.O. Box 9668 Yakima, WA 98909 VIVA P.O. Box 511 Toppenish, WA 98948 Radio KDNA P.O. Box 800 Granger, WA 98932 KAPP TV Attn: Newsroom PO Box 1749 Yakima, WA 98907-1749 Reed C. Pell 31 Chicago Avenue #4 Yakima, WA 98902 reed@Ocedcpe l 1.net Business Times Bruce Smith P.O. Box 2052 Yakima, WA 98907 Patrick D. Spurgin 411 N. 2"d St. Yakima, WA 98901 Yakima Valley C.O.G. 311 N. 4th Street STE 202 Yakima, WA 98901 Maud Scott 307 Union Street Yakima, WA 98901 Gary Cuillier 314 N. 2"d Street Yakima, WA 98901 Codes Bulletin Board Hearing Examiner Packet AGENDA, STAFF REPORT, SITE PLAN AND MAPS......... 03/21/2016 Archie Matthews ONDS Archie.matthews@yakima w a.gov Dana Kallevig Wastewater Division _ ana.kallevig@yakimawazov Yakima County Commissioners Com miss ione rs.we b@co.ya ki ma. w Ken Marble PO Box 1021 Yakima, WA 98907 1.n.art)Je@Mdweb.com arnarble@hdweb,com 1 Sara Watkins City Legal Department 5_ara.watkins a akimawagov Joan Davenport joan.davenport@ypkimawa.gov Brett Sheffield Engineering Division Brett.sheffieldRyakimawagov DON'T FORGET TO SEND ONE TO THE APPLICANT & PROPERTY OWNER........... PLSA Engineering & Surveying 1120 W Lincoln Ave Yakima, WA 98902 rtiliTIT@JaisPOYakima.c.991 1 Yakima County Planning County Courthouse Oferson.sRencer@co,yakima.wa.us Mark Kunkler Legal Department Tylark.kunklefh akirnawa,zpv Yakima County Planning Public Services Vern Redifer Vern.rediferOco"yakimg,wo.0 Binder Copy For the Record/File Kenneth Marble 301 N 76th Ave Yakima, WA 98908 DOC. INDEX # --1(o NOTICE OF CONTINUANCE F ECE IV JUN 0 9 201N6 CITY "Pr YAK!i �w. Right -of -Way Vacation Hearings for RWV#002-15 (Ken Marble) and RWV#001- 16 (Neil Buren) were continued for further testimony until 9:00 a.m. on Thursday, June 30, 2016 at the City Council Chambers in the Yakima City Hall, 129 North 2nd Street, Yakima, WA. Posted at the entrance of the City Council Chambers following continuance of said hearings on the 9th day of June, 2016. Gary Cuillier, Hearing Examiner Panning DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Division Joan Davenport, AICP, Director 129 North Second Street, 2°a Floor, Yakima, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning CITY OF YAKIMA HEARING EXAMINER AGENDA Thursday June 9, 2016 Yakima City Hall Council Chambers Beginning at 9:00 a.m. I. CALL TO ORDER II. INTRODUCTION III. PUBLIC HEARINGS A. KEN MARBLE (10/26/2015) RWV#002-15 Planner: Trevor Martin Address: Vic. of Naches Ave & Pacific Ave Request: Proposal to vacate an alley way in the vicinity of Naches Ave and Pacific Ave. B. NEIL BUREN (03/23/2016) RWV#001-16 Planner: Trevor Martin Address: Vic. of S. 4tn Ave & Spokane St. Request: Vacate the portion of Spokane Street that runs along the northern boundary of parcels 181336-14400 and 181336-14435. IV. ADJOURNMENT If you are unable to attend the hearing, you may submit your comments in writing prior to the hearing. You may also submit written testimony at the hearing. DOC. INDEX G -I`� Yakima k.atz, rr.eap 1994 P CITY OF YAKIMA anning SIGN -IN..... City of Yakima HEARING EXAMINER City Hall Council Chambers Thursday June 9, 2016 Beginning at 9:00 a.m. Public Hearin; RWV#002-15 RWV#001-16 NEIL BUREN "14;07 8144,1Wlerfril 111 CITY OF YAKIMA anning Vic. of Naches & Pacific Ayes. Vic. of S. 4th Ave & Spokane St. PLEASE WRITE LEGIBLY Page 1 DOC. INDEX 06/09/2016 HE Hearing Hearing Examiner AGENDA ONLY Distribution List 02/10/2016 All YPAC. rand_y:bel.laEpt ci7 akilawa g; ken .crockett ril ;akunwa l v mikc brown @yak imayya,gay bon nie.lozanpSy lkimawi zpv, Dominic Rizzi Police Chief cipminic.rizzi ,yaklinawa.gov Phil Lamb 311 North 3rd Street Yakima, WA 98901 Yakima Assoc. of Realtors Gov. Affairs Committee 2707 River Road Yakima, WA 98902-1165 KCYU-FOX 68 David Okowski 1205 West Lincoln Ave. Yakima, WA 98902 KIT-KATS Radio 4010 Summitview, Suite 200 Yakima, WA 98908 KARY Radio 17 N 3`d St Ste 103 Yakima, WA 98901 KIMA TV 2801 Terrace Heights Drive Yakima, WA 98901 Bob Stewart Fire Chief bob.stewart(iyak di a,tt v Sonya Claar-Tee City Clerk sonya.claarteei yak i Pacific Power Mike Paulson 500 N. Keys Rd. Yakima, WA 98901 Office of Rural FWH Marty Miller 1400 Summitview #203 Yakima, WA 98902 KNDO TV 216 West Yakima Avenue Yakima, WA 98902 Yakima Herald -Republic P.O. Box 9668 Yakima, WA 98909 Jeff Cutter Interim City Manager Jeff.cuue ° a akilnawa.gov caIIyyyrrice u) mdkinnawapv; Radio KDNA P.O. Box 800 Granger, WA 98932 Yakima School Dist. #7 Superintendent 104 North 4th Street Yakima, WA 98902 VIVA P.O. Box 511 Toppenish, WA 98948 Business Times Bruce Smith P.O. Box 2052 Yakima, WA 98907 Patrick D. Spurgin 411 N. 2nd St. Yakima, WA 98901 KAPP TV Attn: Newsroom PO Box 1749 Yakima, WA 98907-1749 Reed C. Pell 31 Chicago Avenue #4 Yakima, WA 98902 q d@ reecdepell,net Yakima Valley C.O.G. 311 N. 4th Street STE 202 Yakima, WA 98901 Maud Scott 307 Union Street Yakima, WA 98901 Gary Cuillier 314 N. 2nd Street Yakima, WA 98901 Codes Bulletin Board DOC. INDEX Hearing Examiner Packet AGENDA, STAFF REPORT, SITE PLAN AND MAPS ......... 03/21/2016 Sara Watkins City Legal Department Sara.watkins@vakimawa.gov I Yakima County Planning County Courthouse 'effersons encer&o. akin .wa.us Archie Matthews ONDS A rchiernatthews@ akimawa, vov Joan Davenport loan.daveaporfflyakimawkwv Mark Kunkler Legal Department Maik,kunkler@akim w OVa.7 Dana Kallevig Wastewater Division Dana.kallevieyakimawa.gov Yakima County Commissioners Commissioners.web@co.yakima.w a.us Brett Sheffield Engineering Division Brc t sheffield@yakimawa.gov DON'T FORGET TO SEND ONE TO THE APPLICANT & PROPERTY OWNER........... Yakima County Planning Public Services Vern Redifer Vern.redifer&oyakima.wa.us Binder Copy For the Record/File Ken Marble PO Box 1021 Yakima, WA 98907 kmarble@hdweb.com amarble@hdweb.com Kenneth Marble 301 N 76th Ave Yakima, WA 98908 DOC. INDEX # AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: RWV#002-15 Ken Marble Vic. of Naches Ave & Pacific Ave I, Lisa Maxey, as an employee of the City of Yakima Planning Division, have dispatched through the United States Mails, a Notice of Petition and Public Hearing. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant and all property owners of record within a radius of 300 feet of the subject property, that said property owners are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 9th day of May, 2016. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Lisa Maxey Department Assistant II 19133012400 NEW JERUSALEM MISSIONARY 915 S NACHES AVE YAKIMA, WA 98901 19133012413 YAKIMA HOUSING AUT H 'F PTY 8Q?( 14 YAI M -A, " X1 8907 19133012407 DAVID A & LESLEY A SMYSER 3672 N WENAS RD SELAH, WA 989429701 19133012012 PACIFIC POWER & LIGHT CO 825 NE MULTNOMAH ST STE 1900 PORTLAND, OR 97232 KENNN T PO' O 1021 IfI i, : OKA 19133012406 ARMANDO & CLAUDIA R GUZMAN 902 S NACHES AVE YAKIMA, WA 98901 19133012416 EVERARDO & MARIA AYALA 907 S NACHES AVE YAKIMA, WA 989013440 19133012481 cKENNETHtR-&`MARILYN MARBLE P'0 )(1:13 1 !.AK6MA, WA 9. 19133012493 YAKIMA HOUSING AUTHORITY PO BOX 1447 YAKIMA, WA 98907 19133012405 ARMONDO & ANNA MARIE GUZMAN 904 S NACHES AVE YAKIMA, WA 98901 19133012403 KENNETH R & MARILYN MARB "Pio,EpX 1021 YAK I Fa WA,98907 ; '8 TIH AVE 19133012412 GUILLERMO ARAGON PELCASTRE 908 S 6TH ST YAKIMA, WA 98901 19133012402 KEf4NJtiTH R & MARILYN MARBLE PO BOX 202`1. YAKOMA,,. A 19133012417 LEO WALTER HOPP JR 909 S NACHES AVE YAKIMA, WA 98901 19133012411 RIGOBERTO S & ALBA C VALLE 910 5 6TH ST YAKIMA, WA 98901 19133012418 SAUL & MARIA ANGULO 911 S NACHES YAKIMA, WA 98901 DOC. INDEX C-7-- Name Dana Kallevig Dan Riddle Mark Kunkler n -House Distribution E-mail List Division Wastewater Engineering Jeff Cutter Archie Matthews Mark Soptich Chief Rizzi Legal Dept Legal Dept ONDS E-mail Address dana.kallevig i i mmr v 0.4n-raCkl.1. u;�yakimawwa.gov_ k.kunkier@yakimawa.gov Jefff.cutteam akamavua.goY, .chie.matthews@yakimawa.gov Fire Dept Police Department Joe Caruso Carolyn Belles Code Administration awek.s tic;fri %ayakinlawa.gav car a akirrma Myakkimawa.goy Code Administration Glenn Denman Suzanne DeBusschere Dave Brown Mike Shane Code Administration Code Administration Water/Irrigation Randy Meloy Scott Schafer James Dean James Scott Kevin Futrell Joan Davenport Engineering Wastewater Public Works Dept Utilities Refuse Division sya mmm7: ta..gp, dennaan(yakimawa.gov umrame.dcbuss ^Te@okimawa.gov dave.brown@yakimawa_gov ike sliane(r))yak mawa.gov ancly agis2y@ol(imn awa...ggY scp;tt.schafer ci) r klmawgav a ames rakinm wPi. pv ,lances. sco t.(c.yak i mawa.gpv. Transit Division Planning For the Record/File Binder Copy kevin.f1rtrel,l r yakimawa.- c'ry oan.dave yakimawa..y Revised 03/2016 Type of Notice: i., jam_ of P hh (v * /'j j/) nj File Number(s): Date of Mailing: 4.\.) (RC 2-I S DOC. INDEX 0 Maxey, Lisa From: Maxey, Lisa Sent: Monday, May 09, 2016 9:08 AM To: Belles, Carolyn; Brown, David; Caruso, Joe; Cutter, Jeff; Davenport, Joan; Dean, James; DeBusschere, Suzanne; Denman, Glenn; Futrell, Kevin; Ibarra, Rosalinda; Kallevig, Dana; Kunkler, Mark; Matthews, Archie; Maxey, Lisa; Meloy, Randy; Riddle, Dan; Rizzi, Dominic; Schafer, Scott; Scott, James; Shane, Mike; Soptich, Mark Martin, Trevor Notice of Petition & Public Hearing - Ken Marble - RWV#002-15 NOTICE OF PETITION & PUBLIC HEARING - Ken Marble - RWV_2.pdf Cc: Subject: Attachments: Attached is a Notice of Petition & Public Hearing regarding the above -entitled project. If you have any questions about this proposal please contact assigned planner Trevor Martin at (509) 575-6162 or by e-mail at trevor re arty n . ak rna , ov. Thank you! )1s :: ill (AY :Y ktn7 ..i'N, n int I1j�i Qaif. (509) 576-6669 — Lisa.Maxey@yakimawa.gov 129 N. 2nd St. Yakima, WA 98901 1 DOC. INDEX Maxey, Lisa From: Sent: To: Maxey, Lisa Monday, May 09, 2016 9:47 AM 'Gary Cullier'; 'Kevin (kevin@house314.com)'; Brown, Michael; Crockett, Ken; Daily Sun News - Bob Story; Ibarra, Rosalinda; KAPP TV News; KBBO-KRSE Radio - manager; KCJT TV News; KDNA Radio; KEPR TV News; KIMA TV News; KIMA TV News - Crystal Bui; KIT/KATS/DMVW/KFFM - Lance Tormey; KNDO TV News; KUNS-TV Univision; KVEW TV News; Lozano, Bonnie; NWCN News; NWPR - Anna King; Randy Luvaas - Yakima Business Times; Reed C. Pell; Tu Decides - Albert Torres; Yakima Herald Republic - Craig Troianello; Yakima Herald Republic - Mai Hoang; Yakima Herald Republic - Mark Morey; Yakima Herald Republic - Mike Faulk; Yakima Herald Republic Newspaper; Yakima Valley Business Times; Yakima Valley Business Times - George Finch; YPAC - Randy Beehler Subject: FW: Notice of Petition & Public Hearing - Ken Marble - RWV#002-15 Attachments: NOTICE OF PETITION & PUBLIC HEARING - Ken Marble - RWV_2.pdf From: Maxey, Lisa Sent: Monday, May 09, 2016 9:08 AM To: Belles, Carolyn; Brown, David; Caruso, Joe; Cutter, Jeff; Davenport, Joan; Dean, James; DeBusschere, Suzanne; Denman, Glenn; Futrell, Kevin; Ibarra, Rosalinda; Kallevig, Dana; Kunkler, Mark; Matthews, Archie; Maxey, Lisa; Meloy, Randy; Riddle, Dan; Rizzi, Dominic; Schafer, Scott; Scott, James; Shane, Mike; Soptich, Mark Cc: Martin, Trevor Subject: Notice of Petition & Public Hearing - Ken Marble - RWV#002-15 Attached is a Notice of Petition & Public Hearing regarding the above -entitled project. If you have any questions about this proposal please contact assigned planner Trevor Martin at (509) 575-6162 or by e-mail at tt:evpl,martinEyakinpyvavp. Thank you! r, %Cy it irkt if.➢f. as i,_Plsio l Di ilii p (509) 576-6669 — Lisa.Maxey@yakimawa.gov 129 N. 2nd St. Yakima, WA 98901 1 DOC. INDl X A daily part of your life yakima-herald.com -Ad Proof - This is the proof of your ad scheduled to run on the dates indicated below. Please confirm placement prior to deadline, by contacting your account rep at (509) 577-7740. Date: 05/06/16 Account #: 110358 Company Name: CITY OF YAKIMA PLANNING Contact: ROSALINDA IBARRA Address: Telephone: Fax: 129 N 2ND STREET YAKIMA, WA 98901-2720 (509) 575-6164 Total Cost: # of Inserts: Lines: Ad Class: Ad Class Name: Account Rep: Phone # Email: $116.80 2 67.0 6021 Public Legal Notices Simon Sizer (509) 577-7740 ssizer@yakimaherald.com Run Dates: Yakima Herald -Republic 05/09/16 YakimaHerald.com 05/09/16 Ad Proof NOTICE OF PETITION AND PUBLIC HEARING DATE: 5/9/2016 T0: Petitioner and Adjoining Property Owners FROM: Joan Davenport, AICP, Community Development Director SUBJECT: Notice of Petition for the vacation of platted alley rutht•of-w RWV#002-15jyt PETITIONThe City of Yakima, Department of Community Development has received, from Ken Marble, a request to vacate a portion of platted right- of-way, vicinity of Naches and Pacific Ave. The file containing the complete application is available for public review at the City of Yakima Planning Division, 2nd floor City Hall, 129 North 2nd St, Yakima, WA. NOTICE OF PUBLIC HEAR- INSaThis request requires that the Hearing Examiner hold an open record public hearing. The public hearing is scheduled to be held on Thursday, June 9, 2016, beginning at 9:00 a.m., in the Council Chambers, City Hall, 129 N 2nd St, Yakima, WA. Any person desiring to express their views on this matter is invited to attend the public hearing or to submit written comments to: Joan Davenport, Community Development Director, City of Yakima, Department of Community Development, 129 North 2nd Street Yakima, WA 98901 If you have any questions on this proposal, please call Trevor Martin, Associate Planner at (509) 575-6162. Other Permits Required: None. The City Council shall decide whether or not to vacate the street or right- of-way which is the subject of this notice. The hearing exam- iner conducts a public hearing and makes a recommendation to the City Council. If you wish to be informed of the time, date, and place of the City Council meeting at which the hearing examiner's recommendation will be considered, leave your name and mailing address in writing with the representative of the Community Oawelopment Depart meat present at the examiner's public hearing. (644636) May 9, 2016 DOC. NOTICE OF PETITION AND PUBLIC HEARING DATE: 5/9/2016 TO: Petitioner and Adjoining Property Owners FROM: Joan Davenport, AICP, Community Development Director SUBJECT: Notice of Petition for the vacation of platted alley right-of-way RWV ff002-15 NOIICEStf PTIT14N_ The City of Yaklrna, Department of Community Development has received,, from Ken Marble, a request to vacate a portion of platted right- of-way, vicinity of Neches and Pacific Ave. The file containing the complete application is available tor public review at the City of Yakima Planning Division, 2nd floor City Hall, 129 North 2nd St, Yakima, WA. dolga This request requires that the Hearing Examiner hold an open record public hearing, The public hearing is scheduled to be held on Thursday, June 9, 2016, beginning at 9:00 a.m., in the CouncilChambers, City Half, 129 N 2nd St, Yakima, WA. Any person desiring to express their views on this matter is invited to attend the public hearing or to submit written comments to: — Joan Davenport, Community Development Director, City of Yakima, Department of Community Development, 129 North 2nd Street Yakima, WA 98901 If you have any questions on this proposal, please call Trevor Martin, Associate Planner at (509) 575.6162, Other Perrnfts Required: None. The City Council shall decide whether or not to vacate the street or Fight- of-way which is the subject of this notice. The /leering exam- iner conducts a public hearing and makes a recommendation to the City Council. If you wish to be informed of the time, date,. and place of the City Council meeting at which the hearing examiner's recommendation will be considered, leave your name and mailing address in writing with the representative of the Community Development Department present at the examiner's public bearing. (644636) May 9, 2016 looluouulululuouululuouuluilll IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII DEPARTMENT OF COMMUNITY DEVELOPMENT i'Ianning Joan Davenport, A1CP, Director 129 North Second Street, 2nd Floor, Yakima, WA 98901 ask.planning(r,yakirnawa.gov • www.yakimawa.gov/services/planning NOTICE OF PETITION AND PUBLIC HEARING DATE: 5/9/2016 TO: Petitioner and Adjoining Property Owners FROM: Joan Davenport, AICP, Community Development Director SUBJECT: Notice of Petition for the vacation of platted alley right-of-way. RVVV #002-15 NOTICE OF PETITION The City of Yakima, Department of Community Development has received, from Ken Marble, a request to vacate a portion of platted right-of-way, as described herein. The file containing the complete application is available for public review at the City of Yakima Planning Division, 2nd floor City Hall, 129 North 2nd St, Yakima, WA. NOTICE OF PUBLIC HEARING This request requires that the Hearing Examiner hold an open record public hearing. The public hearing is scheduled to be held on Thursday, June 9, 2016, beginning at 9:00 a.m., in the Council Chambers, City Hall, 129 N 2nd St, Yakima, WA. Any person desiring to express their views on this matter is invited to attend the public hearing or to submit written comments to: Joan Davenport, Community Development Director City of Yakima, Department of Community Development 129 North 2nd Street Yakima, WA 98901 If you have any questions on this proposal, please call Trevor Martin, Associate Planner at (509) 575-6162. Other Permits Required: None Encl.: Petition, Written Narrative, Site Plan, and Mailing Map The City Council shall decide whether or not to vacate the street or right-of-way which is the subject of this notice. The hearing examiner conducts a public hearing and makes a recommendation to the City Council. If you wish to be informed of the time, date, and place of the City Council meeting at which the hearing examiner's recommendation will be considered, leave your name and mailing address in writing with the representative of the Community Development Department present at the examiner's public hearing. DOC. INDEA 111111111111111,1,1,1,1,11,1,1 CITY OF YAKIMA LAND USE ACTION INSTALLATION CERTIFICATE File Number: V oc z. Applicant/Project Name: Site Address: Date of Posting: Location of Installation (Check One): Land Use Action Sign is installed per standards described in YMC § 15.11.090(C). Land Use Action Sign is installed in an alternate location on the site. Note: this alternate location (if not pre -approved by the Planning Manager) may not be acceptable by the Planning Division and is subject to relocation (at the owner's expense) to a more visible site on the property. The alternative location is: The required comment period will begin when the Planning Division has received the Land Use Action Installation Certification. The date of installation certificate receipt will begin the notice period. Failure to post a Land Use Action sign and return this form signed in a timely manner will cause a delay in the application review. I hereby testify that the sign installed fully complies with the Land Use Action sign layout specifications and installation standards, and that the sign will be maintained until a decision has been rendered. Applic : "" Signature Applicant' :: Na the (Please Print) Date ta. 5707. (?(.1c, 11. 7 Applicant's Telephone Number Please remit the above certification and deliver to the City of Yakima Planning Division via fax at (509) 575-6105; in person or by mail to: City of Yakima, Planning Division, 129 North 2"d Street, Yakima, WA 98901. RECEIVED MAI 0 9 2016 CITY OF YAKIMA PLA ,,.,'::.n DIV. MINIMUM REQUIREMENTS FOR POSTING OF PRIVATE PROPERTY FOR LAND USE ACTION CITY OF YAKIMA COMMUNITY DEVELOPMENT, PLANNING DIVISION 129 NORTH 2ND STREET, YAKIMA, WA 98901 Main Phone: (509) 575-6183 — Call for assistance or more information. The Land Use Action posted signage shall be a sign to provide the public notification that a land use application has been submitted to the City for a proposed change to the property. The following information describes the details of the Land Use Action sign. Posting of at least one sign and m some cases more than one sign on the site or in a location immediately adjacent to the site that provides visibility to motorists using adjacent streets. The Planning Manager has established standards for size, color, layout, design, wording, placement, and timing of installation and removal of the sign(s) to provide clarification to YMC §15.11.090(C). I. GENERAL INFORMATION ❑ The Land Use Action sign shall be known in this section as the "sign" and as stated in YMC § 15.11.090(C) as the official sign for application for the following land use matters: o Class 3 Public Hearings; o Preliminary Long Subdivisions; o Rezones; o Right -of -Way Vacations; o Appeals; o Comprehensive Plan Amendments as indicated in YMC Ch.16.10; o Environmental Review, except for a categorically exempt application; and, o Annexation of property by the City. II. SIGN DESCRIPTION & CONTENT 0 The City will have the appropriate information printed on a four (4) foot by four (4) foot board with the following specifications: o Letter Style: Helvetica or similar standard typeface. o Letter Size: • 4 '/ inch bold capital letters for the title: LAND USE ACTION PROPOSED FOR THIS SITE 4''A inch bold capital letters for the footer: CONTACT THE CITY OF YAKIMA (PHONE NUMBER) Letter Color:, • Black letters for'the title block and the footer; and, • City logo placed on each side of center of the sign. o Type of Land Use Action Designation: . The type of Land Use Action shall be placed in the center of the sign. o Sign Background shall be a highly visible yellow color. PLANNING PROCEDURE 03-15.11 Revision 002 June 2014 SIGNAGE INSTALLATION The applicant shall install the Land Use Action signs. These signs shall be located: o At the midpoint on the street frontage from which the site is addressed or as otherwise directed by the Planning staff; o At a location ten (10) feet back from the property line; o Signs structurally attached to an existing building shall be exempt from the setback requirement, provided that no sign is located further than ten (10) feet from the property line without written approval from Planning staff; o The top of the sign shall be positioned between five (5) to six (6) feet above gradc; o The sign can be easily read from the adjacent street and/or sidewalk; and, o The sign is easily accessible, able to read, and can be seen from the property line. IV. INSTALLATION CERTIFICATE ❑ To certify that the Land Use Action sign has been installed, the applicant shall complete the Land Use Action Installation Certification with the applicant's signature and return it to the Planning Division in person or general mail or fax. o The Land Use Action Installation Certification will be placed into the application file record; o This date of the Land Use Action sign installation will be at least twenty (20) days before the public meeting. V. MAINTENANCE & REMOVAL O The Land Use Action sign shall be maintained in good condition until the fmal decision on the application. ❑ The sign shall be removed after the fmal City decision is made on the application within fifteen (15) days of the decision or withdrawn or cancelled. DATE: FILE #: PROJECT NAME: DOC. IND'X. # G'I Revision 002 06/17/2014 RE: File# Applicant Name: Project Name: Site Location: h .111111'Ild 1-10011111110110011,0110 AFFIDAVIT OF POSTING MNG STATE OF WASHINGTON RV 002 -t < As an employee of the City of Yakima Planning Division, I have posted a copy of the Resolution fixing time of public hearing before the Hearing Examiner. I The Hearing Examiner Public Hearing is scheduled for the day of J (9 V -L_ 20 I ( . Notices were posted on the day of , 20 6 at the following locations: Lobby of City Hall, County Courthouse and the Central Library. Job Title 6/1/2016 ITEM TITLE: SUBMITTED BY: Coversheet BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 5.C. For Meeting of: May 3, 2016 Resolution setting June 9, 2016, as the date for an open record public hearing before the Hearing Examiner to vacate a portion of city right of way located in the vicinity of Naches Ave & Pacific Ave Joan Davenport, AICP, Community Development Director Trevor Martin, Assistant Planner (509) 575-6162 SUMMARY EXPLANATION: Kenneth Marble submitted a petition (Petition 15-05, RWV#002-15) requesting the vacation of a portion of city right of way located in the vicinity of Naches Ave & Pacific Ave (see attached map). It is requested that Council adopt the resolution setting the date of the open record public hearing before the Hearing Examiner on June 9, 2016. ITEM BUDGETED: STRATEGIC PRIORITY: APPROVED FOR SUBMITTAL: STAFF RECOMMENDATION: Adopt resolution. BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description ❑ Resolution Marts ❑ ExhibitA Petition Upload Date 4/20/2016 4/8/2016 4/1/2016 Interim City Manager Type Resolution Exhibit Backup Material https://yakima.novusagenda.com/agendaintranet/CoverSheet.aspx?Item ID=4048&MeetinglD=421 1/1 A RESOLUTION RESOLUTION NO. R-2016-053 fixing time for a public hearing before the Hearing Examiner on June 9, 2016, on a petition (Petition No. 15-05) to vacate an alley way in the vicinity of Naches and Pacific Ave. WHEREAS, pursuant to RCW 35.79 010, a petition (Petition No 15-05, RWV#002-15has been filed with the City Clerk, requesting the vacation of a street or alleyway (or portion thereof) within the City of Yakima, a true copy of which petition is attached and incorporated into this resolution (Exhibit "A"), and WHEREAS, such a petition has been signed by the owners of more than two-thirds (2/3) of the property abutting upon the street or alley (or portion thereof) which is requested to be vacated, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA. The above -referenced petition for vacation is hereby referred to the Hearing Examiner for public hearing pursuant to section 1 43 080 of the City of Yakima Municipal Code The Hearing Examiner is directed to make written recommendation to the City Council regarding said petition The Hearing Examiner's Public Hearing shall be held on June 9, 2016 at 9:00 a m in the City Council Chambers of City Hall, which date and time are not more than sixty (60) days nor less than twenty (20) days after the passage of this resolution It is further resolved that the City Clerk give notice of the Hearing Examiner Public Hearing in the form and manner prescribed by RCW 35 79.020 and Section 1 43.080 of the City of Yakima Municipal Code ADOPTED BY THE CITY COUNCIL this 3rd day of Ma, , j2016 ATTEST Avila Cu Sony laar Tee, City Cle AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: RWV#002-15 Ken Marble Vic. of Naches Ave & Pacific Ave I, Lisa Maxey, as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of Cancelled Public Hearing. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant and all property owners of record within a radius of 300 feet of subject property, that said property owners are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 3rd day of February, 2016. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. 7 Lisa Maxey Department Assistant II DOC. 19133012400 NEW JERUSALEM MISSIONARY 915 S NACHES AVE YAKIMA, WA 98901 19133012413 YAKIMA HOUSING AUTLf�fe'ITY PO -B X 14'.,. YAICIM' .98907 19133012407 DAVID A & LESLEY A SMYSER 3672 N WENAS RD SELAH, WA 989429701 19133012008' KENNETH R" MARILYN MARBLE PO BOX 1021, YAKIMA, WA 98907 19133012012 PACIFIC POWER & LIGHT CO 825 NE MULTNOMAH ST STE 1900 PORTLAND, OR 97232 19133012406 ARMANDO & CLAUDIA R GUZMAN 902 S NACHES AVE YAKIMA, WA 98901 19133012416 EVERARDO & MARIA AYALA 907 S NACHES AVE YAKIMA, WA 989013440 19133012481 K NF�NETH Rei IhARILYN MARBLE PO Bp Al MA, WA 19133012493 YAKIMA HOUSING AUTHORITY PO BOX 1447 YAKIMA, WA 98907 19133012405 ARMONDO & ANNA MARIE GUZMAN 904 S NACHES AVE YAKIMA, WA 98901 19133012412 GUILLERMO ARAGON PELCASTRE 908 S 6TH ST YAKIMA, WA 98901 19133012402 KENALETH R & MARILYN MARBLE PO BOX I021. YAKIMA,,VVA'.' 8 19133012403 KENNETH R & MARILYN MARE 1021 ,.,mam_mm YAKI , 98907 19133012411 RIGOBERTO S & ALBA C VALLE 910 S 6TH ST YAKIMA, WA 98901 191812404 KE INIYE I14 MAR61I 761H AV Y;AI I AONA 990 19133012417 LEO WALTER HOPP JR 909 S NACHES AVE YAKIMA, WA 98901 19133012418 SAUL & MARIA ANGULO 911 S NACHES YAKIMA, WA 98901 N\ra. of &1ncefit6 Fid I c hQarin en+ 2 Slap 3 Parties of Record — Ken Marble — RWV#002-15 Ken Marble 301 N 76t Ave Yakima, WA 98908 Pacific Power c/o Richard Birch Richard.Birch PacifiCorr.com Name Debbie Cook Dana Kallevig Dan Riddle Ken Marble PO Box 1021 Yakima, WA 98907 kmarble a/h iweb.com ama:r bled hdweb..com PLSA Engineering & Surveying 1120 W Lincoln Ave Yakima, WA 98902 rwehr@plsaolyak i ma,corr� In -House Distribution E-mail List Division E-mail Address Engineering Wastewater Engineering Mark Kunkler Legal Dept Jeff Cutter Archie Matthews Mark Soptich Chief Rizzi .................... Joe Caruso Carolyn BellesITITITmm Glenn Denman Legal Dept ONDS Fire Dept Police Department Code Administration Debbie.cook(ii) dal�sl.k�lllev �r(cri akiaa v . ima: a. y dan.riddle • akimawa.ov Mark.kunkler i akimawa. • ov io eff.cutter # ak._._.__ ......... mawa � y arc llie.lnattllews c akimawa Toy mark.soptich a y imawa.ov, Do Code Administration Code Administration zrod'vl ,1 yakimawa.oy ak i ma v Suzanne DeBusschere Dave Brown Mike Shane Randy Meloy Scott Schafer James Dean James Scott Kevin Futrell Joan Davenport Code Administration Water/Irrigation Engineering Wastewater lcl�l�:..�lc�lm��rl.l� cr�y4 Suz r<1 dave.b mike.s a ;av debusse et°e cr wkimawa. Public Works Dept Utilities Refuse Division Transit Division Planning w�n'ar akit awa„P v kirllawa.o'v hoer akimaw gov cl afer i ;Qwv s,deal:1 ) , akilna a ov ov ov andavelt cat t akitrtawa. 7ov James.scott(7a yakimawa. v For the Record/File Binder Copy Type of Notice: File Number: O Cts CGn ci t d rh)ic con 1n flu)µ-tcog-i� Date of Mailing: ,,2-/3/11.A0 1 Revised 10/2015 DOC. INDEX # C7 C Maxey, Lisa From: Maxey, Lisa Sent: Wednesday, February 03, 2016 10:51 AM To: 'Gary Cullier'; 'Kevin (kevin@house314.com)'; Belles, Carolyn; Brown, David; Caruso, Joe; Cook, Debbie; Cutter, Jeff; Davenport, Joan; Dean, James; DeBusschere, Suzanne; Denman, Glenn; Futrell, Kevin; Ibarra, Rosalinda; Kallevig, Dana; Kunkler, Mark; Matthews, Archie; Maxey, Lisa; Meloy, Randy; Riddle, Dan; Rizzi, Dominic; Schafer, Scott; Scott, James; Shane, Mike; Soptich, Mark; Brown, Michael; Crockett, Ken; Daily Sun News - Bob Story; KAPP TV News; KBBO-KRSE Radio - manager; KCJT TV News; KDNA Radio; KEPR TV News; KIMA TV News; KIMA TV News - Crystal Bui; KIT/KATS/DMVW/KFFM - Lance Tormey; KNDO TV News; KUNS-TV Univision; KVEW TV News; Lozano, Bonnie; NWCN News; NWPR - Anna King; Randy Luvaas - Yakima Business Times; Reed C. Pell; Tu Decides - Albert Torres; Yakima Herald Republic - Craig Troianello; Yakima Herald Republic - Mai Hoang; Yakima Herald Republic - Mark Morey; Yakima Herald Republic - Mike Faulk; Yakima Herald Republic Newspaper; Yakima Valley Business Times; Yakima Valley Business Times - George Finch; Beehler, Randy Martin, Trevor NOTICE OF CANCELLED PUBLIC HEARING - Ken Marble - RWV#002-15 NOTICE OF CANCELLED PUBLIC HEARING - Ken Marble - RWV#002-15.pdf Cc: Subject: Attachments: Attached is a Notice of Cancelled Public Hearing regarding the above -entitled project. If you have any questions about this proposal please contact assigned planner Trevor Martin at (509) 575-6162 or by e-mail at tare or,mar rroEyakimawitggy. Thank you! 'e DepaartmcnL Assistant 1[I (09) 5'/6-6669 ]LjS Ma ' City of Yakima Planning Division 129 N. 2nd St. Yakima, WA 98901 k'av DOC. INDEX uu A daily part of your life 41 it' yakima-heraild.com -Ad Proof - This is the proof of your ad scheduled to run on the dates indicated below. Please confirm placement prior to deadline, by contacting your account rep at (509) 577-7740. Date: Account #: Company Name: Contact: Address: Telephone: Fax: 02/03/16 110358 CITY OF YAKIMA PLANNING ROSALINDA IBARRA 129 N 2ND STREET YAKIMA, WA 98901-2720 (509) 575-6164 Ad ID: Start: Stop: Total Cost: # of Inserts: Lines: Ad Class: Ad Class Name: Account Rep: Phone # Email: 620281 02/05/16 02/05/16 $56.40 2 33.0 6021 Public Legal Notices Simon Sizer (509) 577-7740 ss izer@yakimaherald. com Run Dates: Yakima Herald -Republic 02/05/16 YakimaHerald.com 02/05/16 YAKIMA HERALD-REPUBI CITY OF YAKIMA NOTICE OF CANCELLED PUBLIC HEARING DATE: 02/03/2016 TO: Petitioner and Adjoining Property Owners PROW Joan Davenport„ AICA, Com- munity Development Director U:,JECT: Notice of feetifion for the vacation of platted alley rigi'tt-of-w y. t WV 0002-1 ' AT1 I ,. (,1 Fi : public hearing r the Right of Way Vacation in the vicinity of Neches and Pacific Ave„ ache f'ffied to be held on Thursday, February 11, 2016, beginning St 9:00, a.m., in the Council Charrib°era, City I -call, 129 N 2nd St Yakima, WA has been cat ; eta The public hearing will be reached- uled,tor a later dateet to be determined by the Yakima City Council, Ojice a future hearing date is set, all parties will b+ notified pursuant to RCW Ch. 35.79.11 you have any questions ont his proposal, please call Trevor Martin, Associate Plan- ner at (509) 575-6162. (620281) February 5, 2016 Ad Proof CITY OF YAKIMA NOTICE OF CANCELLED PUBLIC HEARING DATE: 02/03/2016 TO: Petitioner and Adjoining Property Owners FROM: Joan Davenport, AICP, Com- munity Development Director SUBJECT: Notice of Petition for the vacation of platted alley right-of-way. R W V #002-15 CANCELLATION OF PUBLIC HEARING The public hearing for the Right of Way Vacation in the vicinity of Naches and Pacific Ave., scheduled to be held on Thursday, February 11, 2016, beginning at9:00 a.m., in the Council Chambers, City Hall, 129 N 2nd St, Yakima, WA has been cancelled. The public hearing will be resched- uled for a later date yet to be determined by the Yakima City Council. Once a future hearing date is set, all parties will be notified pursuant to RCW Ch. 35.79.If you have any questions on this proposal, please call Trevor Martin, Associate Plan- ner at (509) 575-6162. (620281) February 5, 2016 DOC. INDEX G-8 DEPARTMENT OF COMMUNITY DEVELOPMENT 'Fanning Divi si Joan Davenport, AICP, Director 129 North Second Street, 2nd Floor, Yakima, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning Pa riing NOTICE OF CANCELLED PUBLIC HEARING DATE: 02/03/2016 TO: Petitioner and Adjoining Property Owners FROM: Joan Davenport, AICP, Community Development Director SUBJECT: Notice of Petition for the vacation of platted alley right-of-way. RWV #002-15 CANCELLATION OF PUBLIC HEARING The public hearing for the Right of Way Vacation in the vicinity of Naches and Pacific Ave., scheduled to be held on Thursday, February 11, 2016, beginning at 9:00 a.m., in the Council Chambers, City Hall, 129 N 2nd St, Yakima, WA has been cancelled. The public hearing will be rescheduled for a later date yet to be determined by the Yakima City Council. Once a future hearing date is set, all parties will be notified pursuant to RCW Ch. 35.79. If you have any questions on this proposal, please call Trevor Martin, Associate Planner at (509) 575-6162. DOC. INDEX -3 RE: File# vo 2 - i Applicant Name: AFFIDAVIT OF POSTING STATE OF WASHINGTON of 061 (464. o, Project Name: Site Location: l�cti It'1A,- )t( c%r'c „,,. c''R'c 4 vku As an employee of the City of Yakima Planning Division, I have posted a copy of the Resolution fixing time of public hearing before the Hearing Examiner. The Hearing Examiner Public Hearing is scheduled for the _J j day of bre ,,,,, 20 j. Notices were posted on the 2-1 day of w 20 at the following locations: Lobby of City Hall, County Courthouse and the Central Library. Job Title Date DOC. IN;' CITY OF YAKIMA LAN IJ'USE ACTION INSTALLA !'ION "?: File Number: Applicant/Project Name: Site Address: Date of Posting: CERTIFICATE Location of Installation (Check One): n V 1 Land Use Action Sign is installed per standards described in YMC §15.11.090(C). Land Use Action Sign is installed in an alternate location on the site. Note: this alternate location (if not pre -approved by the Planning Manager) may not be acceptable by the Planning Division and is subject to relocation (at the owner's expense) to a more visible site on the property. The alternative location is: The required comment period will begin when the Planning Division has received the Land Use Action Installation Certification. The date of installation certificate receipt will begin the notice period. Failure to post a Land Use Action sign and return this form signed in a timely manner will cause a delay in the application review. I hereby testify that the sign installed fully complies with the Land Use Action sign layout specifications and installation standards, and that the sign will be maintained until a decision has been rendered. Applicant s Sigt a ure Applicant's Name (Please Print) Date Applicant's Telephone Number Please remit the above certification and deliver to the City of Yakima Planning Division via fax at (509) 575-6105; in person or by mail to: City of Yakima, Planning Division, 129 North 2"d Street, Yakima, WA 98901. Revision 002 06/17/2014 MINIMUM REQUIREMENTS FOR P S'i,_NG OF PRIVATE PRO ERY FOR AN USE ACTION CITY OF YAKIMA COMMUNITY DEVELOPMENT, PLANNING DIVISION 129 NORTH 2ND STREET, YAKIMA, WA 98901 Main Phone: (509) 575-6183 — Call for assistance or more information. The Land Use Action posted signage shall be a sign to provide the public notification that a land use application has been submitted to the City for a proposed change to the property. The following information describes the details of the Land Use Action sign. Posting of at least one sign and in some cases more than one sign on the site or in a location immediately adjacent to the site that provides visibility to motorists using adjacent streets. The Planning Manager has established standards for size, color, layout, design, wording, placement, and timing of installation and removal of the sign(s) to provide clarification to YMC §15.11.090(C). I. GENERAL INFORMATION ❑ The Land Use Action sign shall be known in this section as the "sign" and as stated in YMC § 15.11.090(C) as the official sign for application for the following land use matters: o Class 3 Public Hearings; o Preliminary Long Subdivisions; o Rezones; o Right -of -Way Vacations; o Appeals; o Comprehensive Plan Amendments as indicated in YMC Ch.16.10: o Environmental Review, except for a categorically exempt application; and, o Annexation of property by the City. H. SIGN DESCRIPTION & CONTENT ❑ The City will have the appropriate information printed on a four (4) foot by four (4) foot board with the following specifications: o Letter Style: Helvetica or similar standard typeface. o Letter Size: 4 1/4 inch bold capital letters for the title: LAND USE ACTION PROPOSED FOR THIS SITE 4' /4 inch bold capital letters for the footer: CONTACT THE CITY OF YAKIMA (PHONE NUMBER) o Letter Color: n Black letters for the title block and the footer; and, ■ City logo placed on each side of center of the sign. o Type of Land Use Action Designation: • The type of Land Use Action shall be placed in the center of the sign. o Sign Background shall be a highly visible yellow color. PLANNING PROCEDURE 03-15.11 Revision 002 June 2014 "IGNACE INSTALLATION The applicant shall install the Land Use Action signs. These signs shall be located: o At the midpoint on the street frontage from which the site is addressed or as otherwise directed by the Planning staff; o At a location ten (10) feet back from the property line; o Signs structurally attached to an existing building shall be exempt from the setback requirement, provided that no sign is located further than ten (10) feet from the property line without written approval from Planning staff; o The top of the sign shall be positioned between five (5) to six (6) feet above grade; o The sign can be easily read from the adjacent street and/or sidewalk; and, o The sign is easily accessible, able to read, and can be seen from the property line. IV. INSTALLATION CERTIFICATE ❑ To certify that the Land Use Action sign has been installed, the applicant shall complete the Land Use Action Installation Certification with the applicant's signature and return it to the Planning Division in person or general mail or fax. o The Land Use Action Installation Certification will be placed into the application file record; o This date of the Land Use Action sign installation will be at least twenty (20) days before the public meeting. V. MAINTENANCE &REMOVAL ❑ The Land Use Action sign shall be maintained in good condition until the final decision on the application. ❑ The sign shall be removed after the final City decision is made on the application within fifteen (15) days of the decision or withdrawn or cancelled. DATE: FILE #: PROJECT NAME: Ca Revision 002 06/17/2014 AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: RWV#002-15 Ken Marble Vic. of Naches Ave & Pacific Ave I, Lisa Maxey, as an employee of the City of Yakima Planning Division, have dispatched through the United States Mails, a Notice of Petition and Public Hearing. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant and all property owners of record within a radius of 300 feet of the subject property, that said property owners are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 8th day of January, 2016. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Department Assistant II 19133012400 NEW JERUSALEM MISSIONARY 915 S NACHES AVE YAKIMA, WA 98901 19133012413 YAKIMA HOUSING AUTHORIT` C# 1447 YAMI 19133012407 DAVID A & LESLEY A SMYSER 3672 N WENAS RD SELAH, WA 989429701 19133012012 PACIFIC POWER & LIGHT CO 825 NE MULTNOMAH ST STE 1900 PORTLAND, OR 97232 19133012406 ARMANDO & CLAUDIA R GUZMAN 902 S NACHES AVE YAKIMA, WA 98901 19133012416 EVERARDO & MARIA AYALA 907 S NACHES AVE YAKIMA, WA 989013440 KENNETH & w PO BOX 1021 'AKII'A, WA;9a 19133012493 YAKIMA HOUSING AUTHORITY PO BOX 1447 YAKIMA, WA 98907 19133012405 ARMONDO & ANNA MARIE GUZMAN 904 S NACHES AVE YAKIMA, WA 98901 19133012412 GUILLERMO ARAGON PELCASTRE 908 S 6TH ST YAKIMA, WA 98901 19133012481 KE1ttNETti R & MARILYN"BILE PO BO921<:- ,1 YAIIMA, WA 98901",,, 19133012402 KENNETH R & MARILYN MAR — PO B10-02,1. , YAKIMA _WFS 8.9 7 19133012403 KENNETH R & KVEARIL"" I# MARBLE PO—BOX-� YAI JM W ",98907 19133012411 RIGOBERTO S & ALBA C VALLE 910 S 6TH ST YAKIMA, WA 98901 3012404 NET AI, 30N 76TH AV YAKIMA, \NA 9890 19133012417 LEO WALTER HOPP JR 909 S NACHES AVE YAKIMA, WA 98901 19133012418 SAUL & MARIA ANGULO 911 S NACHES YAKIMA, WA 98901 NIA c (yr --P Ition tel- Rik I-kvil 6.(4)4g—LS 5ekl+ %!19 DOC. INDEX In -House Distribution Name Division E-mail List E-mail Address Debbie Cook Engineering Dana Kallevig Wastewater IT Debbi e 1 "�y 1 .g_ . da a,lcallcvlg@yakimawa,gov Dan Riddle Engineering Mark Kunkler ...... .. Legal Dept ....................._....._........... dan.riddleQyakimaa,Lov Marl ku klel yakirnawa /off...................... Jeff Cutter Legal Deptl Archie Matthews ONDS lJ".mcuUcr ya in iaw .nor arch e.mat thews( }yakirawa.gpv Mark Soptich Fire Dept Police Department Code Administration ....... Code Administration Code Administration marlcpi,ll Hyl,ilmrlga ,goy Chief Rizzi Joe Caruso Carolyn Belles 1onlrm ic.riziyaki tG rva.m to .caruso r a kimmw 1.IT�ov .......... 'q1191Y1L12.gitgi(y Aima 1.WY g1e1n dcr mrlr , a.gov Glenn Denman Suzanne DeBusschere Dave Brown Code Administration Water/Irrigation a?r a dushcryakilp a .gy dave.hrowr i( gov Mike Shane Engineering Wastewater lrmil .shame ydkirmlarw .go v d a ki ma wa.go v Randy Meloy Scott Schafer Public Works Dept scott,schafem kit aw .. Dov James Dean James Scott Utilities Refuse Division tem rya ITimawwaa..,gov cott(c yak imae a.go Kevin Futrell Joan Davenport Transit Division Planning kev6n ut 1 I mmtewlc mma lrra u g v m:lall,davenpol°t i y klmmrawa.g a v For the Record/File Binder Copy Revised 10/2015 Type of Notice: File Number(s): t tel3 �� < Date of Mailing: DOC. INDEX # C- C Maxey, Lisa From: Maxey, Lisa Sent: Friday, January 08, 2016 1:51 PM To: Belles, Carolyn; Brown, David; Caruso, Joe; Cook, Debbie; Cutter, Jeff; Davenport, Joan; Dean, James; DeBusschere, Suzanne; Denman, Glenn; Futrell, Kevin; Ibarra, Rosalinda; Kallevig, Dana; Kunkler, Mark; Matthews, Archie; Maxey, Lisa; Meloy, Randy; Riddle, Dan; Rizzi, Dominic; Schafer, Scott; Scott, James; Shane, Mike; Soptich, Mark Cc: Martin, Trevor Subject: NOTICE OF PETITION & PUBLIC HEARING - Ken Marble - RWV#002-15 Attachments: NOTICE OF PETITION & PUBLIC HEARING - Ken Marble - RWV.pdf Attached is a Notice of Petition & Public Hearing regarding the above -entitled project. If you have any questions about this proposal please contact assigned planner Trevor Martin at (509) 575-6162 or by e-mail at tre or.n artin v kima a.gpv. Thank you! /II✓ax.'j� J3cpar:n ena A.ssi bfl (509) 5I6-6669 l OSam,M4xc, g,y'akinrj'v? 4 ,'wY_ City of Yakima Planning Division 129 N. 2nd St. Yakima, WA 98901 1 DOC' Maxey, Lisa From: Maxey, Lisa Sent: Monday, January 11, 2016 8:09 AM To: 'Gary Cullier'; 'Kevin (kevin@house314.com)'; Brown, Michael; Crockett, Ken; Daily Sun News - Bob Story; Ibarra, Rosalinda; KAPP TV News; KBBO-KRSE Radio - manager; KCJT TV News; KDNA Radio; KEPR TV News; KIMA TV News; KIMA TV News - Crystal Bui; KIT/KATS/DMVW/KFFM - Lance Tormey; KNDO TV News; KUNS-TV Univision; KVEW TV News; Lozano, Bonnie; NWCN News; NWPR - Anna King; Randy Luvaas - Yakima Business Times; Reed C. Pell; Tu Decides - Albert Torres; Yakima Herald Republic - Craig Troianello; Yakima Herald Republic - Mai Hoang; Yakima Herald Republic - Mark Morey; Yakima Herald Republic - Mike Faulk; Yakima Herald Republic Newspaper; Yakima Valley Business Times; Yakima Valley Business Times - George Finch; YPAC - Randy Beehler Subject: NOTICE OF PETITION & PUBLIC HEARING - Ken Marble - RWV#002-15 Attachments: NOTICE OF PETITION & PUBLIC HEARING - Ken Marble - RWV.pdf Attached is a Notice of Petition & Public Hearing regarding the above -entitled project. If you have any questions about this proposal please contact assigned planner Trevor Martin at (509) 575-6162 or by e-mail at Thank you! it. A.LL.ssis9:a 5'16-666x9 l_u_Maucy{ru,} City of Yakima Planning Division 129 N. 2nd St. Yakima, WA 98901 ?v. DOC. INDEX A daily part of your life yakima-herald.com -Ad Proof - This is the proof of your ad scheduled to run on the dates indicated below. Please confirm placement prior to deadline, by contacting your account rep at (509) 577-7740. Date: 01/05/16 Account #: Company Name: 110358 CITY OF YAKIMA PLANNING Contact: ROSALINDA IBARRA Address: Telephone: Fax: 129 N 2ND STREET YAKIMA, WA 98901-2720 (509) 575-6164 Ad ID: Start: Stop: Total Cost: # of Inserts: Lines: Ad Class: Ad Class Name: Account Rep: Phone # Email: 612202 01/08/16 01/08/16 $112.80 2 67.0 6021 Public Legal Notices Simon Sizer (509) 577-7740 ssizer@yakimaherald.com Run Dates: Yakima Herald -Republic 01/08/16 YakimaHerald.com 01/08/16 Ad Proof NOTICE OF PETITION AND PUBLIC HEARING DATE: 01/08/2016 TO: Peti- tioner and Adjoining Property Owners FROM: Joan Daven- port, AICP, Community Devel- opment Director SUBJECT: Notice of Petition for the vaca- tion of platted alley rl ht.of•way, RWV #002-15 tiliTlfaStE PETITION The City of Yakima, Department of Community Development has received, from Ken Marble, a request to vacate a portion of platted right-of-way, as described herein. The file containing the complete application is avail- able for public review at the City of Yakima Planning Division, 2nd floor City Hall, 129 North 2nd St, Yakima, WA. NOTICE OF PUBLIC HEARING This request requires that the Hear- ing Examiner hold an open record public hearing. The public hearing is scheduled to be held on Thursday, Febru- ary 11, 2016, beginning at 9:00 a.m., in the Council Chambers, City Hall, 129 N 2nd St, Yakima, WA. Any person desiring to express their views on this mat- ter is invited to attend the public hearing or to submit written comments to: Joan Daven- port, Community Develop- ment Director City of Yakima, Department of Community Development 129 North 2nd Street Yakima, WA 98901 If you have any questions on this proposal, please call Trevor Martin, Assistant Planner at (509) 575-6162. Other Per- mits Required: None The City Council shall decide whether or not to vacate the street or right-of-way which is the subject of this notice, The hearing examiner conducts a public hearing and makes a recommendation to the City Council If you wish to be informed of the time, date, and place of the City Council meeting at which the hearing examiner's recommendation will be considered, leave your name and mailing address in writing with the representative of the Community Development Department present at the examiner's public hearing. (612202) January 8,2016 Jr' INDEX NOTICE OF PETITION AND PUBLIC HEARING DATE: 01/08/2016 TO: Peti- tioner and Adjoining Property Owners FROM: Joan Daven- port, AICP, Community Devel- oppment Director SUBJECT: N tica of Petition for the vaca- tion ofMatted alley right-of-way. RWV 4002-15NQIIGEOF PETITION The City of Yakima, Department of Community Development has received, from Ken Marble, a request to vacate a portion of platted right-of-way, as described herein. Th file containing the • complete application is avail- able for public review at the City of Yakima Planning Division, 2nd floor City Hall, 129 North 2nd St, Yakima, WA. Matra. QEP .: .'tit This request requires that the Hear- ing Examiner hold an open record public hearing. The public hearing is scheduled to be held on Thursday, Febru- ary 11, 2016, beginning at 9:00 a.m., in the Council Chambers, City Hatt, 129 N 2nd St, Yakima, WA. Anyperson desiring to express their views on this mat- ter is invited to attend the public hearing or to submit written comments to: Joan Daven- port, Community Develop- ment I' Ir ctor City of Yakima, Department of Community Development 129 North 2nd Street Yakima, WA 98901 If you have any questions on this proposal, please call Trevor Martin„ Assistant Planner at (509) 575-6162. Other Per- mits Required: None The City Council shall decide whether or not to vacate the street or right-of-way which is the subjec` of this notice. The hearing examiner conducts a public hearing and makes a recommendation to the City Council. If you wish to be informed of the time, date, and place of the City Council meeting at which the hearing examiner's recommendation will be considered, leave your name and mailing address in writing with the representative of the Community Development Department present at the examiner's public hearing. (612202) January 8, 2016 DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Division Joan Davenport, AICP, Director 129 North Second Street, 2nd Floor, Yakima, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning NOTICE OF PETITION AND PUBLIC HEARING DATE: 01/08/2016 TO: Petitioner and Adjoining Property Owners FROM: Joan Davenport, AICP, Community Development Director SUBJECT: Notice of Petition for the vacation of platted alley right-of-way. RWV #002-15 NOTICE OF PETITION The City of Yakima, Department of Community Development has received, from Ken Marble, a request to vacate a portion of platted right-of-way, as described herein. The file containing the complete application is available for public review at the City of Yakima Planning Division, 2nd floor City Hall, 129 North 2nd St, Yakima, WA. NOTICE OF PUBLIC HEARING This request requires that the Hearing Examiner hold an open record public hearing. The public hearing is scheduled to be held on Thursday, February 11, 2016, beginning at 9:00 a.m., in the Council Chambers, City Hall, 129 N 2nd St, Yakima, WA. Any person desiring to express their views on this matter is invited to attend the public hearing or to submit written comments to: Joan Davenport, Community Development Director City of Yakima, Department of Community Development 129 North 2nd Street Yakima, WA 98901 If you have any questions on this proposal, please call Trevor Martin, Assistant Planner at (509) 575-6162. Other Permits Required: None Encl.: Petition, Written Narrative, Site Plan, and Mailing Map The City Council shall decide whether or not to vacate the street or right-of-way which is the subject of this notice. The hearing examiner conducts a public hearing and makes a recommendation to the City Council. If you wish to be informed of the time, date, and place of the City Council meeting at which the hearing examiner's recommendation will be considered, leave your name and mailing address in writing with the representative of the Community Development Department present at the examiner's public hearing. 6/2/2016 Coversheet ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.H. For Meeting of: January 5, 2016 Resolution setting February 11, 2016, as the date for an open record public hearing to vacate a portion of city right of way located in the vicinity of Naches Ave & Pacific Ave Joan Davenport, AICP, Community Development Director Trevor Martin, Assistant Planner (509) 575-6162 SUMMARY EXPLANATION: Kenneth Marble submitted a petition (Petition 15-05) requesting the vacation of a portion of city right of way located in the vicinity of Naches Ave & Pacific Ave (see attached map). It is requested that Council adopt the resolution setting the date of the open record public hearing before the Hearing Examiner on February 11, 2016. Resolution: X Ordinance: Other (Specify): Contract: Contract Term: Start Date: End Date: Item Budgeted: Amount: Funding Source/Fiscal Impact: Strategic Priority: Improve the Built Environment Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: City Manager RECOMMENDATION: Staff respectfully requests Council to adopt the resolution setting the date for this public hearing. ATTACHMENTS: Description Upload Date 0 Resolution 12/17/2015 ❑ fa bit 0_2 OM 12/17/2015 ❑ ; t p aj 12/17/2015 https://yaki m a.novusagenda.com/agendai ntranet/CoverSheet.aspx?Item ID= 3704&M eeti ngID=405 Type Resolution Exhibit Backup Material 1/1 A RESOLUTION RESOLUTION NO. R-2016-006 fixing time for a public hearing before the Hearing Examiner on February 11, 2016, on a petition (Petition No. 15-05) to vacate an alley way in the vicinity of Naches and Pacific Ave. WHEREAS, pursuant to RCW 3519.010, a petition has been filed with the City Clerk, requesting the vacation of a street or alleyway (or portion thereof) within the City of Yakima, a true copy of which petition is attached and incorporated into this resolution (Exhibit "A'), and WHEREAS, such a petition has been signed by the owners of more than two-thirds (2/3) of the property abutting upon the street or alley (or portion thereof) which is requested to be vacated, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA. The above -referenced petition for vacation is hereby referred to the Hearing Examiner for public hearing pursuant to section 1.43 080 of the City of Yakima Municipal Code The Hearing Examiner is directed to make written recommendation to the City Council regarding said petition. The Hearing Examiner's Public Hearing shall be held on February 11, 2016 at 9:00 a.m. in the City Council Chambers of City Hall, which date and time are not more than sixty (60) days nor less than twenty (20) days after the passage of this resolution. It is further resolved that the City Clerk give notice of the Hearing Examiner in the form and manner prescribed by RCW 35.79 020 and Section 1.43 080 of the City of Yakima Municipal Code. ADOPTED BY THE CITY COUNCIL this 5th day of January, 2;16. ATTEST: ;or 0b� DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Division Joan Davenport, A1CP, Director 129 North Second Street, 2nd Floor, Yakima, WA 98901 ask.planningcyakimawa.gov • www.yakimawa.gov/services/planning NOTICE OF COMPLETE APPLICATION To: Ken Marble Re: Right of Way Vacation Review Application—RWV#002-15 Site Address: Vicinity of Naches Ave. and Pacific Ave. Parcel: 191330-12404 Pursuant to Yakima Municipal Code Section 16.04.020, the above described Pursuant to Yakima Municipal Code Section 16.04.020, the above described application has been reviewed by the Yakima Department of Community Development to determine if all elements of a complete application have been submitted. Continued processing of your application will include the following: 1. On April 19, 2016, the Yakima City Council will decide on a resolution to set June 9, 2016 as the open record public hearing before the Hearing Examiner. The public hearing will be held at 9:OOam in the City Council Chambers located at 129 N. 2nd St. DETERMINATION OF COMPLETION updated this 1st day of April, 2016. For the City of Yakima: Trevor Martin Associate Planner Department of Community Development You may contact me at (509) 575-6162 or trevor.martin@yakimawa.gov if you have any questions regarding this matter. DOC. INDEX Yakima 111 2015 1994 COMMUNITY ITY Di,V1„L OPi' E JT DI °',PA1'tl1)1,' IVT Planning Division 129 North Second Street, 2nd Floor Yakima, 7 ashington 98901 Phone (509) 575-6113 • Fax (509) 575-6105 ask.planningfa)yakimawa.gov • http://www.yakimawa.gov/services/planning/ NOTICE OF COMPLETE APPLICATION To: Ken Marble Re: Right of Way Vacation Review Application—RWV#002-15 Site Address: Vicinity of Naches Ave. and Pacific Ave,. Parcel: 191330-12404 Pursuant to Yakima Municipal Code Section 16.04.020, the above described Pursuant to Yakima Municipal Code Section 16.04.020, the above described application has been reviewed by the Yakima Department of Community Development to determine if all elements of a complete application have been submitted. Based on the submitted information, Application RWV#002-15 Review for the proposal to vacate right-of- way located in the vicinity of Naches and Pacific Ave. has been deemed complete. Continued processing of your application will include the following: 1. A Development Services Team meeting will be held with city departments to determine compliance of the project. 2. On January 5th, 2016 the Yakima City Council will decide on a resolution to set February 11, 2016 as the open record public hearing before the Hearing Examiner. The public hearing will be held at 9:OOam in the City Council Chambers located at 129 N. 2nd St. DETERMINATION OF COMPLETION updated this 14`h day of December, 2015. For the City of Yakima: Trevor Martin Assistant Planner Department of Community Development You may contact me at (509) 575-6162 or trevor.martin@yakimawa.gov if you have any questions regarding this matter. Code Administration (509) 575-6126 Planning (509) 575-6183 . Office of Neighborhood & Development Services (509) 575-6101 Yakima COM MI1N1TYDEVEL ).PMEN7 DEPAR7MEN1" Planning Division 129 North Second Street, 2nd Floor Yakima, Washington 98901 Phone (509) 575-6183 • Fax (509) 575-6105 ask.planninakimawa.gov • http://www.yakimawa.gov/services/planning/ NOTICE OF COMPLETE APPLICATION To: Ken Marble Re: Right of Way Vacation Review Application—RWV#002-15 Site Address: Vicinity of Naches Ave. and Pacific Ave. Parcel: 191330-12404 Pursuant to Yakima Municipal Code Section 16.04.020, the above described Pursuant to Yakima Municipal Code Section 16.04.020, the above described application has been reviewed by the Yakima Department of Community Development to determine if all elements of a complete application have been submitted. Based on the submitted information, Application RWV#002-15 Review for the proposal to vacate right-of- way located in the vicinity of Naches and Pacific Ave. has been deemed complete. Continued processing of your application will include the following: 1. A Development Services Team meeting will be held with city departments to determine compliance of the project. 2. On January 5th, 2016 the Yakima City Council will decide on a resolution to set February 12, 2016 as the open record public hearing before the Hearing Examiner. DETERMINATION OF COMPLETION made this 25th day of November, 2015. For the City of Yakima: Trevor Martin Assistant Planner Department of Community Development You may contact me at (509) 575-6162 or trevor.martin@yakimawa.gov if you have any questions regarding this matter. Yakima SID Code Administration (509) 575-6126 • Planning (509) 575-6183 • Office of Neighborhood & Development Services (509) 575-6101