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HomeMy WebLinkAbout2016-028 Right-of-Way Vacation Procedures; YMC Adding 14.21; Amending 1.43.080 (H)AN ORDINANCE ORDINANCE NO. 2016-028 adopting Chapter 14.21 Right -of -Way Vacation in Title 14: Subdivision of the City of Yakima Municipal Code to codify state and City of Yakima Right -of -Way Vacation procedures, and amending YMC 1.43.080 (H). WHEREAS, the Planning Commission of the City of Yakima considered amendments to Title 14 of the Yakima Municipal Code pertaining to regulation of land use and development, specifically regarding the vacation of public rights-of-way in the City of Yakima; and WHEREAS, the Planning Commission held two public meetings on the proposed amendments on August 10th and August 24th, 2016; and WHEREAS, the Planning Commission held an open record public hearing on October 26, 2016 and. November 16, 2016 diter providing legal notice and received and considered all evidence and testimony presented; and WHEREAS, based on all the information, evidence and testimony presented, the Planning Commission, finds, determines and recommends that the City Council approve the addition of Chapter 14.21 to the Yakima Municipal Code; and WHEREAS, the City Council held a closed record public hearing on December 6, 2016 after providing legal notice and considered the addition to the Yakima Municipal Code as recommended by the Planning Commission; and WHEREAS, the City Council of the City of Yakima, having considered the record herein and the recommendation from the Planning Commission, hereby finds and determines that adopting Chapter 14.21 regarding the vacation of rights-of-way is in the best interest of residents of the City of Yakima and will promote the general health, safety and welfare; therefore BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. City of Yakima Chapter 14.21 Right -of -Way Vacation is hereby added to the Yakima Municipal Code and adopted as follows: 14.21.010 - Purpose This chapter establishes the procedures, notice requirements and fees for the vacation of public rights-of-way within the City in conformance with the authority granted to the City by Chapter 35.79 RCW. 14.21.015 Definitions The following definitions apply to this chapter: A. Administrative Official means the Community Development Director, or his or her designee. B. Applicant means the person or persons who petition to vacate any public right-of-way, or the person or persons who propose or are the proponents of a City Council initiated vacation procedure. C. City means the City of Yakima. D. Linear frontage means the length, in feet, of the property abutting the public right-of- way. E. Owner means any person or entity with an ownership interest in any real property abutting a public right-of-way. 14.21.020 - Initiation of vacation The owners of an interest in any real property abuttitg any public right-of-way who may desire to vacate the public right-of-way, or any part thereof, may petition the City Council. In the alternative, the City Council may itself initiate a vacation by resolution. The petition or resolution shall be filed with the City Clerk. 14.21.030 Petition Procedures. A. The petition shall be in a form prescribed by the Administrative Official and shall be signed by the owners of more than two-thirds of linear frontage of the property abutting the portion of the public right-of-way sought to be vacated. B. Every petition shall be accompanied by the following: 1. A title report for all properties adjacent to the proposed vacated right-of-way; 2. A vicinity map showing the general area of the proposed vacation; 3. A legal description of the property to be vacated; 4. A copy of the record of survey, if available, for the subject right-of-way proposed for vacation, and abutting properties, streets and alleys within 100 feet on all sides of the proposed vacation; 5. Written evidence of any and all utility easements, or reservations, whether public or private, pertaining to the public right-of-way proposed for vacation, and, if the subject right-of-way encompasses any private utilities, a letter from all utility companies within the right-of-way consenting to the vacation shall be required and submitted to the City of Yakima; and 6. A written narrative describing the reasons for the proposed vacation, the physical limits of the proposed vacation and the public benefit of the proposed vacation. C. Every petition for the vacation of any public right-of-way or any part thereof shall be accompanied by a fee in an amount established by the City to defray the administrative costs incurred in processing the petition and publishing, posting and mailing notices. 14.21.040 - Vacation Procedure A. Setting of Hearing. Upon receipt of the petition, the Administrative Official shall determine whether the petition has been signed by two-thirds of the property owners abutting the right-of-way to be vacated. The two-thirds shall be determined by the linear frontage of property abutting the area of the proposed vacation. If the petition has been signed by the requisite percentage of such owners, the Administrative Official shall bring the petition before the City Council, and the City Council shall by resolution fix the time when the petition will be heard by the Hearing Examiner, which time shall not be more than 60 days nor less than 20 days after the adoption of the resolution. Where the City Council initiates the vacation by resolution, that resolution shall fix the time when the proposed vacation will be heard by the Hearing Examiner. The Hearing Examiner will compose a recommendation and forward it to the City Council for final decision. B. Staff Report. The Administrative Official shall prepare a report concerning the proposed vacation for the hearing in front of the Hearing Examiner. The staff report shall evaluate the advisability of the proposed vacation based on a Development Services Team (DST) meeting and/or submitted application materials. The report shall address the criteria to be considered in determining whether to vacate the public right-of-way, and such other information as deemed appropriate by the Administrative Official. In preparing the report, the Administrative Official shall solicit comments from the police department and the fire department. The Administrative Official may solicit comments from other governmental agencies and utility companies having jurisdiction or utilities within the boundaries of the City. The report shall be submitted to the Hearing Examiner and to the petitioner and his or her representative not less than seven calendar days before the hearing. C. Notice of Hearing. Upon the passage of the resolution fixing the time for hearing the request for vacation, the City Clerk, or the Administrative Official, acting under direction and supervision of the City Clerk, shall give not less than 20 days' notice of the time, place and purpose of the hearing by: 1. Posting a written notice in three public places in the City, one of which shall be City Hall; 2. Publishing written notice once in the City's official newspaper; 3. Posting a minimum 24 -inch by 36 -inch notice sign in a conspicuous place at each end of the public right-of-way sought to be vacated describing the proposed vacation and the date, time and location of the public hearing; and 4. Mailing written notice to all petitioners at the addresses on the petition and all owners of property abutting the public right-of-way proposed to be vacated, as shown on the records of the Yakima County Assessor, not to exceed 90 calendar days prior to the date of the public hearing. The Administrative Official shall send the same written notice to the representative of the petitioners at the address on the petition and any interested parties listed in the title reports provided by petitioners, if applicable. a) The written public notice shall include a statement indicating, "The City Council shall decide whether or not to vacate the street or right-of-way. The hearing examiner will conduct the required public hearing and make a recommendation to the City Council. Any party wishing to be informed of the time, date, and place of the City Council meeting for the proposed vacation should submit a written request to the City of Yakima Planning Division, or sign the parties of record form at the public hearing." D. Protest - If fifty percent (50%) of the abutting property owners file written objection to a City Council initiated vacation with the City Clerk prior to the time of hearing, the City shall be prohibited from proceeding with the resolution and vacation. The fifty percent (50%) ownership shall be measured in linear footage of property abutting the area of the proposed right-of-way vacation. 14.21.050 - Hearing Examiner Review and Recommendation A. The hearing on the petition or proposal shall be held before the Hearing Examiner upon the day fixed by resolution or at the time to which a hearing may be adjourned. If the right-of-way vacation is requested by petition, the petitioner or his or her representative shall be present at the hearing. In its consideration of the proposed vacation of the public right-of-way, the Hearing Examiner shall render a recommendation based on the following criteria: 1. The public benefit, reason for, and limitations of the proposed right-of-way vacation; 2. Whether the vacation would deny sole access to a public street or alley for any property; 3. Whether the proposal is consistent with existing plans of the City, such as the Six-year Transportation Improvement Plan, the Urban Area Comprehensive Plan or other official City plans and policies; 4. Whether the vacation is appropriate with existing and anticipated zoning and land use; and 5. Whether there are any public or franchised utilities in the right-of-way to be vacated and, if so, whether they will be relocated, or whether an easement will need to be reserved. B. Following the hearing, the Administrative Official shall forward the Hearing Examiner's recommendation to the City Council for an open record public hearing at a regularly City Council scheduled meeting. 14.21.060 - City shall retain easements. The City shall retain easements and/or the rights to exercise and grant easements in respect to any vacated property for the construction, repair, and maintenance of public or private utilities or services. 14.21.070 - Compensation A. The Applicant shall compensate the City in an amount which does not exceed one-half the appraised value of the area so vacated. If a public right-of-way has been part of a dedicated public right-of-way for twenty-five years or more, or if the subject property or portions thereof were acquired at public expense, the City may require the owners of the property abutting the public right-of-way to compensate the City in an amount that does not exceed the full appraised value of the area vacated. 1. The value of the vacated property shall be determined by an independent appraisal of the vacated property, paid for by the Applicant, in the event the value of the vacated property exceeds Twenty Thousand Dollars ($20,000.00). The value of the vacated property may be determined by an independent appraisal of the vacated property, paid for by the Applicant, if the value of the property does not exceed Twenty Thousand Dollars. All appraisals shall take into consideration the public improvements within the right of way to be vacated, according to their original or depreciated value as may be appropriate in the judgment of the appraiser. 2. If the Applicant does not choose to have an independent appraisal, and the value of the vacated property does not exceed $20,000.00, the value shall be determined by the Planning Division's valuation. The Planning Division's valuation shall be one hundred ten percent (110%) of the Planning Division's valuation of said public right-of-way or any portion thereof based on Yakima County Assessor's market land value of the properties directly surrounding the area of the proposed vacated property. 3. No compensation shall be required if a public right-of-way is vacated and the ownership reverts to the State of Washington, City of Yakima, Yakima County or any public school district. 4. No compensation may be required if the City has not purchased, maintained, made any improvements to the public right-of-way, there is no planned or anticipated public purpose existing for maintaining the public right-of-way as determined by the Planning Commission or Development Services Team (DST), and the public right-of-way has been a dedicated right-of-way in the City for at least five years. B. Every ordinance hereinafter enacted by the City Council to vacate any public right-of- way, or any portion thereof, shall provide that such ordinance shall not become effective until the Applicant or the owners of the property abutting upon the public right-of-way, or portion thereof, so vacated, have compensated the City in the amount required as part of the vacation. 14.21.080 - City Council Decision A. Following consideration of all evidence and testimony at the meeting, the city council may adopt or reject the examiner's recommendation, or remand to the examiner for additional public testimony in accordance with the following: 1. If the City Council determines to grant the vacation, the action shall be made by ordinance with such conditions or limitations, as the City Council deems necessary and proper to preserve any desired public use or benefit. The ordinance shall contain a provision retaining or requiring conveyance of easements for construction, repair and maintenance of existing and future utilities and services, and any other requirements of this chapter. 2. The City Council, in approving a vacation request, shall specify that the vacated portion of the public right-of-way shall belong. to the abutting property owners, one-half to each, unless factual circumstances otherwise dictate a different division and distribution of the public right-of-way to be vacated. 3. If the city council denies the vacation, it will adopt a resolution supporting such decision with appropriate findings of fact. 4. If the city council desires additional public testimony and/or evidence, it may remand the matter to the examiner with instructions concerning the particular matters or issues for which it desires additional public testimony and evidence. 14.21.090 - Application of Zoning District Designation The zoning district designation of the properties adjoining each side of the public right-of- way to be vacated shall be assigned based on the zoning district of the abutting property to which ownership of the vacated property will revert, and all areas included in the vacation shall then and henceforth be subject to all regulations of the extended districts. The adopting ordinance shall specify this zoning district extension inclusive of the applicable zoning district designations. 14.21.100 - Recording of Ordinance A certified copy of the ordinance vacating a public right-of-way, or part thereof, shall be recorded in the office of the Yakima County Auditor by the City at Applicant's expense. A copy of the recorded ordinance shall be provided to Applicant. All conditions of the ordinance and this Chapter shall be fully satisfied prior to recording of the ordinance. 14.21.110 - Record of Survey Required Following the City Council's passage of the ordinance, and prior to recording, a record of survey prepared by a registered surveyor in the State of Washington, at the expense of the Applicant, shall be submitted by the Applicant to the Administrative Official. Such survey shall include an exact metes and bounds legal description and any and all easements for construction, repair and maintenance of existing and future utilities and services. It shall also contain the professional stamp and signature of the registered surveyor, and the proponent indicating acceptance of the vacated property. 14.21.120 - Costs of vacation to be paid by Applicant and control of property All direct and indirect costs of the vacated public right-of-way from public to private ownership including, but not limited to, title company charges, copying fees, and recording fees, are to be paid by the Applicant. The City assumes no financial responsibility for any direct or indirect costs for the transfer of the vacated property. Additionally, the City shall retain control of all proposed vacated public rights-of-way until payment is received. Section 2. City of Yakima Chapter 1.43.080 (H) of the Yakima Municipal Code is hereby amended to read as follows: H. Conduct public hearings on petitions and resolutions to vacate streets and public rights-of-way pursuant to RCW Chapter 35.79. Decisions of the examiner on such matters shall constitute a recommendation to the city council. The provisions of this section designating and assigning to the hearing examiner the duties and functions listed above shall supersede any and all conflicting provisions of the municipal code of the city of Yakima. Section 3. 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 4. Effective Date. 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. PASSED BY THE CITY COUNCIL, signed and approved this 6th day of December 2016. ATTEST: w ( :1 Sonya CI'aar Tee, City Clerk Fi` V �, Publication Date: December 9, 201 Effective Date: January 8, 2017 or ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT Item No. 9. For Meeting of: December 6, 2016 Public hearing and Ordinances to consider the Yakima Planning Commission's recommendation concerning text amendments to Title 14 Subdivisions, Title 15 Yakima Urban Area Zoning Ordinance, and Title 16 Administration of Development Regulations, and amending the Land Use Application Fee Schedule in YMC Chapter 15.26.010 Joan Davenport, AICP, Community Development Director Jeff Peters, Supervising Planner (509) 575-6163 SUMMARY EXPLANATION: The proposed amendments to the Yakima Municipal Code include a new chapter to codify state and city regulations for right of way vacations, fee schedule amendments, and revisions to the public notice procedures and other miscellaneous updates. The Yakima Planning Commission has dedicated significant time in study sessions and public hearings to develop this series of recommendations. They are separated into individual ordinances related to the Title of the Municipal Code, subject to amendment. The proposed text amendment ordinances include: Ordinance A - adopting Chapter 14.21 Right of Way Vacation in Title 14 of the Yakima Municipal Code to codify state and city of Yakima right-of-way vacation procedures; and amending YMC 1.43.080 (H); Ordinance B - amending YMC Title 15 (Yakima Urban Area Zoning Ordinance) to be consistent with state public notice procedures; Ordinance C - amending YMC Title 16 Administration of Development Regulations to be consistent with state public notice procedures; Ordinance D - amending the land use application fee schedule in YMC Chapter 15.26.010 ITEM BUDGETED: STRATEGIC PRIORITY: Neighborhood and Community Building APPROVED FOR SUBMITTAL: STAFF RECOMMENDATION: Conduct the public hearing and pass each ordinance by separate motion. BOARD/COMMITTEE RECOMMENDATION: On October 26, 2016 and November 16, 2016 the City of Yakima Planning Commission held a public hearing and recommended approval of the proposed text amendments. ATTACHMENTS: Description Upload Date Type D Ordinance A- Title 14 Right-of-way Vacation legislatKe 11/18/2016 Ordinance D Ordinance B - Title 15 UAZO Text Amendments 11/21/2016 Ordinance Exhibit A to Ordinance B - Title 15 UAZO Text a 11/22/2016 Exhibit Amendments legislative D Ordinance C - Title 16 Admin Dev Reg _legislathe 11/21/2016 Ordinance D Ord D - land use fee schedule 11/29/2016 Cover Memo D Complete Record _2016 Text Amendments 11/21/2016 Backup Material AN ORDINANCE ORDINANCE NO. 2016 - adopting Chapter 14.21 Right -of -Way Vacation in Title 14: Subdivision of the City of Yakima Municipal Code to codify state and City of Yakima Right -of -Way Vacation procedures, and amending YMC 1.43.080 (H). WHEREAS, the Planning Commission of the City of Yakima considered amendments to Title 14 of the Yakima Municipal Code pertaining to regulation of land use, development, specifically regarding the vacation of public rights-of-way in the City of Yakima; and WHEREAS, the Planning Commission held two public meetings on the proposed amendments on August 10th, and August 24th, 2016; and WHEREAS, the Planning Commission held an open record public hearing on October 26, 2016 and November 16, 2016, after providing legal notice, and received and considered all evidence and testimony presented; and WHEREAS, based on all the information, evidence and testimony presented, the Planning Commission, finds, determines and recommends that the City Council approve the addition of Chapter 14.21 to the Yakima Municipal Code; and WHEREAS, the City Council held a closed record public hearing on December 6, 2016, after providing legal notice, and considered the addition to the Yakima Municipal Code as recommended by the Planning Commission; and WHEREAS, the City Council of the City of Yakima, having considered the record herein and the recommendation from the Planning Commission, hereby finds and determines that adopting Chapter 14.21 regarding the vacation of rights-of-way is in the best interest of residents of the City of Yakima and will promote the general health, safety and welfare; therefore BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. City of Yakima Chapter 14.21 Right -of -Way Vacation is hereby added to the Yakima Municipal Code and adopted as follows: 14.21.010 - Purpose This chapter establishes the procedures, notice requirements and fees for the vacation of public rights-of-way within the City in conformance with the authority granted to the City by Chapter 35.79 RCW. 14.21.015 Definitions The following definitions apply to this chapter: A. Administrative Official means the Community Development Director, or his or her designee. 1 B. Applicant means the person or persons who petition to vacate any public right-of-way, or the person or persons who propose or are the proponents of a City Council initiated vacation procedure. C. City means the City of Yakima. D. Linear frontage means the length, in feet, of the property abutting the public right-of-way. E. Owner means any person or entity with an ownership interest in any real property abutting a public right-of-way. 14.21.020 - Initiation of vacation The owners of an interest in any real property abutting any public right-of-way who may desire to vacate the public right-of-way, or any part thereof, may petition the City Council. In the alternative, the City Council may itself initiate a vacation by resolution. The petition or resolution shall be filed with the City Clerk. 14.21.030 Petition Procedures. A. The petition shall be in a form prescribed by the Administrative Official and shall be signed by the owners of more than two-thirds of linear frontage of the property abutting the portion of the public right-of-way sought to be vacated. B. Every petition shall be accompanied by the following: 1. A title report for all properties adjacent to the proposed vacated right-of-way; 2. A vicinity map showing the general area of the proposed vacation; 3. A legal description of the property to be vacated; 4. A copy of the record of survey, if available, for the subject right-of-way proposed for vacation, and abutting properties, streets and alleys within 100 feet on all sides of the proposed vacation; 5. Written evidence of any and all utility easements, or reservations, whether public or private, pertaining to the public right-of-way proposed for vacation, and, if the subject right-of-way encompasses any private utilities, a letter from all utility companies within the right-of-way consenting to the vacation shall be required and submitted to the City of Yakima; and 6. A written narrative describing the reasons for the proposed vacation, the physical limits of the proposed vacation and the public benefit of the proposed vacation. C. Every petition for the vacation of any public right-of-way or any part thereof shall be accompanied by a fee in an amount established by the City to defray the administrative costs incurred in processing the petition and publishing, posting and mailing notices. 14.21.040 - Vacation Procedure A. Setting of Hearing. Upon receipt of the petition, the Administrative Official shall determine whether the petition has been signed by two-thirds of the property owners abutting the right- of-way to be vacated. The two-thirds shall be determined by the linear frontage of property abutting the area of the proposed vacation. If the petition has been signed by the requisite percentage of such owners, the Administrative Official shall bring the petition before the City Council, and the City Council shall by resolution fix the time when the petition will be heard by the Hearing Examiner, which time shall not be more than 60 days nor less than 20 days after the adoption of the resolution. Where the City Council initiates the vacation by 2 resolution, that resolution shall fix the time when the proposed vacation will be heard by the Hearing Examiner. The Hearing Examiner will compose a recommendation and forward it to the City Council for final decision. B. Staff Report. The Administrative Official shall prepare a report concerning the proposed vacation for the hearing in front of the Hearing Examiner. The staff report shall evaluate the advisability of the proposed vacation based on a Development Services Team (DST) meeting and/or submitted application materials. The report shall address the criteria to be considered in determining whether to vacate the public right-of-way, and such other information as deemed appropriate by the Administrative Official. In preparing the report, the Administrative Official shall solicit comments from the police department and the fire department. The Administrative Official may solicit comments from other governmental agencies and utility companies having jurisdiction or utilities within the boundaries of the City. The report shall be submitted to the Hearing Examiner and to the petitioner and his or her representative not less than seven calendar days before the hearing. C. Notice of Hearing. Upon the passage of the resolution fixing the time for hearing the request for vacation, the City Clerk, or the Administrative Official, acting under direction and supervision of the City Clerk, shall give not less than 20 days' notice of the time, place and purpose of the hearing by: 1. Posting a written notice in three public places in the City, one of which shall be City Hall; 2. Publishing written notice once in the City's official newspaper; 3. Posting a minimum 24 -inch by 36 -inch notice sign in a conspicuous place at each end of the public right-of-way sought to be vacated describing the proposed vacation and the date, time and location of the public hearing; and 4. Mailing written notice to all petitioners at the addresses on the petition and all owners of property abutting the public right-of-way proposed to be vacated, as shown on the records of the Yakima County Assessor, not to exceed 90 calendar days prior to the date of the public hearing. The Administrative Official shall send the same written notice to the representative of the petitioners at the address on the petition and any interested parties listed in the title reports provided by petitioners, if applicable. a) The written public notice shall include a statement indicating, "The City Council shall decide whether or not to vacate the street or right-of-way. The hearing examiner will conduct the required public hearing and make a recommendation to the City Council. Any party wishing to be informed of the time, date, and place of the City Council meeting for the proposed vacation should submit a written request to the City of Yakima Planning Division, or sign the parties of record form at the public hearing." D. Protest - If fifty percent (50%) of the abutting property owners file written objection to a City Council initiated vacation with the City Clerk prior to the time of hearing, the City shall be prohibited from proceeding with the resolution and vacation. The fifty percent (50%) ownership shall be measured in linear footage of property abutting the area of the proposed right-of-way vacation. 14.21.050 - Hearing Examiner Review and Recommendation A. The hearing on the petition or proposal shall be held before the Hearing Examiner upon the day fixed by resolution or at the time to which a hearing may be adjourned. If the right-of- way vacation is requested by petition, the petitioner or his or her representative shall be 3 present at the hearing. In its consideration of the proposed vacation of the public right-of- way, the Hearing Examiner shall render a recommendation based on the following criteria: 1. The public benefit, reason for, and limitations of the proposed right-of-way vacation; 2. Whether the vacation would deny sole access to a public street or alley for any property; 3. Whether the proposal is consistent with existing plans of the City, such as the Six- year Transportation Improvement Plan, the Urban Area Comprehensive Plan or other official City plans and policies; 4. Whether the vacation is appropriate with existing and anticipated zoning and land use; and 5. Whether there are any public or franchised utilities in the right-of-way to be vacated and, if so, whether they will be relocated, or whether an easement will need to be reserved. B. Following the hearing, the Administrative Official shall forward the Hearing Examiner's recommendation to the City Council for an open record public hearing at a regularly City Council scheduled meeting. 14.21.060 - City shall retain easements. The City shall retain easements and/or the rights to exercise and grant easements in respect to any vacated property for the construction, repair, and maintenance of public or private utilities or services. 14.21.070 - Compensation A. The Applicant shall compensate the City in an amount which does not exceed one-half the appraised value of the area so vacated. If a public right-of-way has been part of a dedicated public right-of-way for twenty-five years or more, or if the subject property or portions thereof were acquired at public expense, the City may require the owners of the property abutting the public right-of-way to compensate the City in an amount that does not exceed the full appraised value of the area vacated. 1. The value of the vacated property shall be determined by an independent appraisal of the vacated property, paid for by the Applicant, in the event the value of the vacated property exceeds Twenty Thousand Dollars ($20,000.00). The value of the vacated property may be determined by an independent appraisal of the vacated property, paid for by the Applicant, if the value of the property does not exceed Twenty Thousand Dollars. All appraisals shall take into consideration the public improvements within the right of way to be vacated, according to their original or depreciated value as may be appropriate in the judgment of the appraiser. 2. If the Applicant does not choose to have an independent appraisal, and the value of the vacated property does not exceed $20,000.00, the value shall be determined by the Planning Division's valuation. The Planning Division's valuation shall be one hundred ten percent (110%) of the Planning Division's valuation of said public right- of-way or any portion thereof based on Yakima County Assessor's market land value of the properties directly surrounding the area of the proposed vacated property. 3. No compensation shall be required if a public right-of-way is vacated and the ownership reverts to the State of Washington, City of Yakima, Yakima County or any public school district. 4. No compensation may be required if the City has not purchased, maintained, made any improvements to the public right-of-way, there is no planned or anticipated public 4 purpose existing for maintaining the public right-of-way as determined by the Planning Commission or Development Services Team (DST), and the public right-of- way has been a dedicated right-of-way in the City for at least five years. B. Every ordinance hereinafter enacted by the City Council to vacate any public right-of-way, or any portion thereof, shall provide that such ordinance shall not become effective until the Applicant or the owners of the property abutting upon the public right-of-way, or portion thereof, so vacated, have compensated the City in the amount required as part of the vacation. 14.21.080 - City Council Decision A. Following consideration of all evidence and testimony at the meeting, the city council may adopt or reject the examiner's recommendation, or remand to the examiner for additional public testimony in accordance with the following: 1. If the City Council determines to grant the vacation, the action shall be made by ordinance with such conditions or limitations, as the City Council deems necessary and proper to preserve any desired public use or benefit. The ordinance shall contain a provision retaining or requiring conveyance of easements for construction, repair and maintenance of existing and future utilities and services, and any other requirements of this chapter. 2. The City Council, in approving a vacation request, shall specify that the vacated portion of the public right-of-way shall belong to the abutting property owners, one-half to each, unless factual circumstances otherwise dictate a different division and distribution of the public right-of-way to be vacated. 3. If the city council denies the vacation, it will adopt a resolution supporting such decision with appropriate findings of fact. 4. If the city council desires additional public testimony and/or evidence, it may remand the matter to the examiner with instructions concerning the particular matters or issues for which it desires additional public testimony and evidence. 14.21.090 - Application of Zoning District Designation The zoning district designation of the properties adjoining each side of the public right-of-way to be vacated shall be assigned based on the zoning district of the abutting property to which ownership of the vacated property will revert, and all areas included in the vacation shall then and henceforth be subject to all regulations of the extended districts. The adopting ordinance shall specify this zoning district extension inclusive of the applicable zoning district designations. 14.21.100 - Recording of Ordinance A certified copy of the ordinance vacating a public right-of-way, or part thereof, shall be recorded in the office of the Yakima County Auditor by the City at Applicant's expense. A copy of the recorded ordinance shall be provided to Applicant. All conditions of the ordinance and this Chapter shall be fully satisfied prior to recording of the ordinance. 14.21.110 - Record of Survey Required Following the City Council's passage of the ordinance, and prior to recording, a record of survey prepared by a registered surveyor in the State of Washington, at the expense of the Applicant, shall be submitted by the Applicant to the Administrative Official. Such survey shall include an exact metes and bounds legal description and any and all easements for construction, repair 5 and maintenance of existing and future utilities and services. It shall also contain the professional stamp and signature of the registered surveyor, and the proponent indicating acceptance of the vacated property. 14.21.120 - Costs of vacation to be paid by Applicant and control of property All direct and indirect costs of the vacated public right-of-way from public to private ownership including, but not limited to, title company charges, copying fees, and recording fees, are to be paid by the Applicant. The City assumes no financial responsibility for any direct or indirect costs for the transfer of the vacated property. Additionally, the City shall retain control of all proposed vacated public rights-of-way until payment is received. Section 2. City of Yakima Chapter 1.43.080 (H) of the Yakima Municipal Code is hereby amended to read as follows: H. Conduct public hearings on petitions and resolutions to vacate streets and public rights-of- way pursuant to RCW Chapter 35.79. Decisions of the examiner on such matters shall constitute a recommendations to the city council. Upon receipt of the examiner's recommendation, the city council shall consider such recommendation at a regular or special meeting. Consideration of a petition or resolution to of the examiner, (c) verbal and written reports of staff, including those presented and included in Following consideration of all evidence and testimony at the meeting, the city council may adopt testimony in accordance with the following: (a) If the city council grants the vacation, in whole or in part, it will adopt an stating any conditions of approval, including but not limited to reservation of ctiascmcnts and paymcnt of rcquircd compensation. (b) If the city council denies the vacation, it will adopt a resolution supporting such decision with appropriate findings of fact. 6 (c) If the city council desires additional public testimony and/or evidence, it may remand the matter to the examiner with instructions concerning the particular matters or issues for which it desires additional public testimony and evidence. Notice of any examiner hearing shall be given in the manner set forth in RCW 35.79.020 and as may be amended. Such notice shall also contain the following statement: 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 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 Department of Community and Economic Development present at the examiner's public hearing. The provisions of this section designating and assigning to the hearing examiner the duties and functions listed above shall supersede any and all conflicting provisions of the municipal code of the city of Yakima. Section 3. 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 4. Effective Date. 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. PASSED BY THE CITY COUNCIL signed and approved this day of December 2016. ATTEST: City Clerk Publication Date: Effective Date: Kathy Coffey, Mayor 7