HomeMy WebLinkAbout1996-028 Rigt of way vacation •
ORDINANCE NO. 96- 2 8
AN ORDINANCE vacating 160 feet of West Spruce Street and 300 feet of the
associated alley at the Davis High School campus.
WHEREAS, the Yakima School District #7 (hereafter referred to as the "Applicant ") has,
under City of Yakima Department of Community and Economic Development
( "DCED ") file UAZO R/W Vac #6 -95, petitioned for vacation of 160 feet of West Spruce
Street and 300 feet of the associated alley at the Davis High School campus, and
WHEREAS, the City of Yakima Hearing Examiner, after conducting a public hearing on
February 8, 1996, and after considering the contents of the file and statements of
interested persons at the public hearing, has issued his Examiner's Recommendation
dated February 20, 1996, and has recommended approval of the requested street and
alley right -of -way vacation, subject to certain conditions, and
WHEREAS, the Council of the City of Yakima finds that the public interest would be
best served by retention of an easement for access over the street and alley right -of -way
proposed to be vacated, and
WHEREAS, the Council of the City of Yakima finds that the proposed street and alley
right -of -way vacation is necessary to the Yakima School District #7 project, and that
project will provide substantial benefit to the public, and
WHEREAS, the Council of the City of Yakima finds that vacation of the street and alley
4 Pt right -of -way will not deprive any property of sole access, and -
WHEREAS, the Council of the City of Yakima finds that the street and alley right -of-
way proposed to be vacated is not essential to other City plans, and
WHEREAS, the Council of the City of Yakima finds that the proposed street and alley
right -of -way vacation is consistent with other plans and policies of the City; and
WHEREAS, the Council of the City of Yakima finds, based on zoning, current use and
long -range plans, that the proposed street and alley right -of -way vacation is compatible
with existing and anticipated de\ elopment in the area, and
WHEREAS, the Council of the City of Yakima finds that the proposed street and alley ,
right -of -way vacation does not adversely affect existing or future public utilities, and
WHEREAS, the Council of the City of Yakima finds that the proposed street and alley
right -of -way vacation is consistent with the requirements of chapter 35 79 RCW and
with City of Yakima Ordinance No D- 5630, and
WHEREAS, no public purpose would be served by retaining the subject street and alley
right -of -way and it is in the best interests of the City and its people to grant the petition,
subject to certain conditions, now therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF YAKIMA,
WASHINGTON
41)
Section 1 The Yakima City Council adopts and incorporates by reference the Findings
and Conclusions of the Hearing Examiner's Recommendation, Examiner No I96 -8 -5,
lap \land use \street vacation \ysd #7 davis hs spruce st ord 3/27/96 5.28 PM
ORDINANCE. YSD #7, DAVIS H.S
RIGHT -OF -WAY VACATION R/W VAC #4 -95 -- Page 1
City Nos. UAZO R/W Vac #6:95, issued February 20, 1996, a true copy of which is
attached as Exhibit A.
Section 2. Subject to satisfaction of conditions precedent set forth in Section 3 below, the
City of Yakima vacates its right -of -way interest over the following real property
(hereafter the "Subject Right -of- Way ")
The West 160 feet of Spruce Street between South 7th Avenue and South Sixth
Avenue in the Plat of Capital Addition to North Yakima (now Yakima) recorded
in Volume "A" of Plats, page 29, records of Yakima County, Washington.
Also, the platted Alley within Block 314 except the southerly most portion
abutting Lots 9 and 10 of Block 314.
Section 3 Vacation of the Subject Right -of -Way is expressly made subject to the
condition that the City shall retain an easement for public emergency vehicle and other
access over the vacated street and alley right -of -way and also subject to conditions 1
and 2 as stated in the first and second numbered paragraphs on page 5 of the
Examiner's Recommendation, which are, for purposes of the City's action to vacate the
subject right -of -way, conditions precedent, which must be satisfied within three years.
When the foregoing conditions precedent are satisfied, the Director of the Department
of Community and Economic Development shall confirm such satisfaction by
recordable written instrument In the event any of the foregoing conditions precedent is
not timely satisfied, then this ordinance shall be deemed to have no legal force and
effect, and the right -of -way vacation provided for herein shall not be effective.
Section 4 This ordinance shall be in full force and effect 30 days after its passage, 410
approval, and publication as provided by law and by the City Charter A certified copy
of this ordinance shall be recorded by the clerk of the City Council in the office of the
Yakima County Auditor
PASSED BY THE CITY COUNCIL, at a regular meeting and signed and
approved this,- of April, 1996
j
Lynn Buchanan, Mayor
A l°1EST
Cl 2 � cwt
City Clerk
Publication Date. 1\ 111p
Effective Date 616
lap \land use \street vacation \ysd #7 davis hs spruce st ord 3/27/96 5.28 PM
ORDINANCE. YSD #7, DAVIS H.S
RIGHT -OF -WAY VACATION R/W VAC #4 -95 -- Page 2
ISSUED: February 20, 1996
411
Master Application for Vacation ) EXAMINER'S RECOMMENDATION
of Right -of -Way and Class 3 Review )
of Davis High School Expansion ) City No. UAZO R/W Vac #6 -95
)
) Examiner No. I96 -8 -5
The Examiner conducted a public hearing on February 8, 1996.
The staff report presented by Dan Valoff recommended approval.
There was no opposition. The Examiner inspected the property prior
to the hearing.
SUMMARY OF RECOMMENDATION. The Examiner recommends vacating
the right -of -way, subject to conditions.
From the view of the site, the matters contained in the
official record, including the staff report, a review of both the
Yakima Urban Area Comprehensive Plan and the Yakima Urban Area
Zoning Ordinance, and from evidence received at the hearing, the
Examiner makes the following:
FINDINGS
1. Applicants Yakima School District No. 7.
2. Location. Davis High School, 212 South 6th Avenue.
The right -of -way involves vacating 160 feet of West Spruce Street
and 300 feet of the associated alley at the Davis High School
campus.
The legal description is:
The West 160 feet of Spruce between South 7th Avenue and
South Sixth Avenue in the Plat of Capitol Addition to
North Yakima (now Yakima) recorded in Volume "A" of
Plats, page 29 records of Yakima County, Washington.
Also, the platted alley within Block 314 except the southerly
most portion abutting Lots 9 and 10 of Block 314.
EXAMINER'S RECOMMENDATION - 1
HEARING EXAMINER
la \land use \street vacation\ sd #7 davis hs spruce st ord 3/27/96 5.28 PM FOR THE
P Y P cm AND COUNTY OF YAKMA
ORDINANCE. YSD #7, DAVIS H.S POST OFFICE BOX 4
RIGHT -OF -WAY VACATION R/W VAC -- EXHIBIT A YAKMA. WASHINGTON 98907
3. application. Class 3 review and petition to vacate
right -of -way.
4. Current Zoning and Use. This property is located in the
Multi- Family Residential (R -3) zone and is surrounded by a mix of
school, commercial, and residential land uses.
5. Background. West Spruce Street currently dead ends
against the school, and ties into the alley which runs generally
south from Spruce Street to West Pine Street. Davis High School is
located north of the Spruce Street deadend, and east of the alley.
The district has purchased the church property which is located on
the other side of Spruce and the alley. Vacating this will allow
them to develop this entire property in a uniform way.
The Class 3 review involves the district's plan to add
three science classrooms to the high school, approximately 6,200
square feet, in the vicinity of West Spruce Street. Approximately
21 parking spaces will also be provided, which meets the parking
requirements of the ordinance for this expansion. The school will
maintain a driveway in the current intersection of Spruce and 7th,
which will still tie into the vacated alley, with access out to
Pine Street. Site plans show much of this area will be committed
to parking when the church has been demolished. Garbage trucks and
the like servicing the two apartment buildings located on the two
lots near the intersection of South 7th and West Pine will still be
able to utilize that portion of the alley, plus the school driveway
in the former alley location.
Right -of -way vacations have historically been granted
with the expansion of the Davis High School campus, in order to
meet curriculum and enrollment needs. The easterly portion of West
Spruce Street was vacated in 1966. South 6th Avenue between Walnut
and Pine was vacated in 1969. South 6th Avenue between Tieton and
Pine, and an associated alley, was vacated in 1991 in order to
accommodate construction of the new athletic fields and expansion
of the baseball field.
6. Class 3 Review. Schools are Class 3 use in the R -3 zone.
This proposal to add science classrooms complies with all zoning
EXAMINER'S RECOMMENDATION - 2
HEARING ER
FOR THE
CRY AND COUNTY OF YA PA,
lap \land use \street vacation \ysd #7 davis hs spruce st ord 3/27/96 5.28 PM POST OFFICE BOX 4
ORDINANCE: YSD #7, DAVIS H.S. YA(NA. WASHINGTON 9eso
RIGHT -OF -WAY VACATION RAN VAC -- EXHIBIT A
ordinance standards. No adjustments are required. This proposal
• is not controversial, and is consistent with both the comprehensive
plan and the zoning ordinance.
7. Public Use of the Right -of -Way. The school district has
recently purchased the property, across Spruce Street and the
alley, which was previously owned by the Yakima Evangelical Church.
The district now owns all of the adjoining property subject to this
vacation. There is no longer a need for a public street or alley
here.
8. Criteria for Right - of - Way Vacation. City policy
identifies five criteria for consideration:
8.1 Public Benefit. This deadend portion of Spruce
currently looks and feels like parking for the school district, and
has not provided any benefit to the public transportation network.
Even with vacation an emergency access and service lane will be
maintained between the alley and 7th Avenue, with additional off
street parking provided. The school benefits by having flexibility
for expansion and additional parking, which may help to reduce
1111 traffic congestion on the public streets.
8.2 Denial of Access. No property will be denied
access. The existing alley between the two apartment buildings in
the southwest corner of the block will continue. Existing service
routes for garbage trucks and emergency vehicles will not be
disrupted by this vacation.
8.3 Consistency with Transportation Plans. The current
Six -Year Transportation Improvement Plan does not reflect any
planned improvements to these rights -of -way. Vacation is
consistent with both the Six Year Road Plan and all relevant city
plans and policies.
8.4 Consistency with Existing and Anticipated
Development and Zoning. This block is being, for all practical
purposes, incorporated into the Davis campus. Vacation allows
better utilization of the property without jeopardizing anticipated
school expansion.
•
EXAMINER'S RECOMMENDATION - 3
HEARING EXAMINER
FOR THE
CRY AND COUNTY OF YAKIMA
lap \land use \street vacation \ysd #7 davis hs spruce st. ord 3/27/96 5.28 PM POST OFFICE BOX 4
ORDINANCE. YSD #7, DAVIS H.S YAKMA. WASHINGTON 9890
, ISOM 248-0706
RIGHT -OF -WAY VACATION R/W VAC -- EXHIBIT A
8.5 Relocation of Utilities. Existing utilities will
not be relocated. Appropriate public utility easements will need
to be established for a two inch natural gas main within the right -
of -way of Spruce Street, and the alley, and an eight inch sewer
main.
9. Compensation. City Resolution No. D -5630, consistent
with state law, exempts public schools from paying compensation for
vacated right -of -way.
10. Traffic Studv. Because of the practical dead end nature
of this street, no traffic study was required. This portion of
Spruce and the alley does not serve the general public. Its
vacation will not interfere with existing traffic patterns in the
neighborhood.
11. Environmental Review. Street vacations are categorically
exempt from SEPA review, per WAC 197- 11- 800(2)(h) and YMC Chapter
6.88.
12. Public Notice. Public notice of the hearing was provided
in the following manner:
Resolution R -96 -09 adopted to set public hearing Jan 9, 1966
Posting in three public places Jan 17, 1996
Posting of property Jan 26, 1996
Legal ad published Jan 26, 1996
Adjoining property notices mailed Jan 26, 1996
From the foregoing Findings, the Examiner makes the following:
CONCLUSIONS
1. The Examiner has jurisdiction.
2. All notice provisions have been complied with.
3. Vacation of this right -of -way is consistent with
RCW Ch.35.79 and Yakima City Ordinance No. D -5630. No public
purpose is served by retaining the right -of -way.
Based upon the foregoing Findings and Conclusions, the
Examiner submits to the Yakima City Council the following:
EXAMINER'S RECOMMENDATION - 4
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF VAKM
lap \land use \street vacation \ysd #7 davis hs spruce st ord 3/27/96 5.28 PM PosT oFF�cE sox a
ORDINANCE: YSD #7, DAVIS H.S YAKMA. WASH WASHINGTON 91159C
RIGHT -OF -WAY VACATION R/W VAC -- EXHIBIT A
r 6
RECOMMENDATION
4 11 1 Approve vacating the right -of -way legally described above in
section 2, subject to the following conditions:
1. A public utility easement shall be reserved over that
portion of vacated West Spruce Street. The easement shall be of
sufficient width to include all public utilities.
2. The former intersection of Spruce Street shall be striped
or signed so as to indicate that the vacated portion is no longer
a public street. The striping and signing format shall be approved
by the City Engineer.
Approve the Class 3 proposal to add science classrooms,
subject to the following conditions:
1. Provisions for 21 off- street parking spaces shall be
provided in conjunction with the three science classrooms.
2. Site drainage plans for the proposed development shall be
approved by the City Engineering Division.
DATED this - O day of February, 1996.
k
PHILIP A
Hearing Examiner
EXAMINER'S RECOMMENDATION - 5
HEARING EXAMINER
FOR THE
CRY AND COUNTY OF YA PA,
lap \land use \street vacation \ysd #7 davis hs spruce st ord 3/27/96 5.28 PM POST OFFICE BOX
ORDINANCE: YSD #7, DAVIS H.S. YAKMA. ASHIN NN 9890
MOM 20706
RIGHT -OF -WAY VACATION R/W VAC -- EXHIBIT A
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CITY OF YAKIMA, WASHINGTON .r. , ._
Information Services — GIS G 400
F I LE NO L ZO CL(3)#22 -95 'h Parent Parcel(s)
APPL•LA T YARIMA SCHOOL DISTRICT #7
,
r.L/J _ MODERNIZATION & ADDITION. Area of ,• / Yakima City Lirni'S'
TO DAVIS HIGH SCHOOL Vacation
IN ' Zonin Boundar
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RIGHT -OF -WAY VACATION RIW VAC -- EXHIBIT A
BUSINESS OF THE CITY COUNCIL
• YAKIMA, WASHINGTON
A GENDA STATEMENT
ITEM NO. o2 5
FOR MEETING OF: April 2.1996
ITEM TITLE: Legislation to implement Ordinance of Vacation for a
portion of West Spruce Street and associated alley
at the Davis High School
SUBMITTED BY: Glenn Valenzuela, Director, Community & Econo
I
CONTACT PERSON / TELEPHONE: Dan Valoff, Associate Planner
(575 -6183)
SUMMARY EXPLANATION.
On February 8, 1996 the Yakima City Council approved the above noted right of
way vacation petition, subject to conditions The attached ordinance implements
the action by the Council.
•
Resolution Ordinances X Contract Other
Funding Source.
APPROVED FOR SUBMITTAL. �,or,.t1
� ,' / // i C/ I
City Manager
STAFF RECOMMENDATION Adopt legislation
BOARD RECOMMENDATIONS City Council approved petition request
on February 8, 1996
• COUNCIL ACTION