HomeMy WebLinkAbout1991-3357 Vacating ORDINANCE NO. 18857
•
AN ORDINANCE vacating an eight and one -half foot wide strip of
public right -of -way located on the east side of
South 2nd Avenue between Walnut Street and Chest-
nut Avenue, subject to all of the conditions
contained in the Hearing Examiner's Recommenda-
tion.
WHEREAS, Educational Services District No. 105 has filed
a petition with the City Clerk requesting vacation of an eight
and one -half foot wide strip of public right -of -way on the
east side of South 2nd Avenue between Walnut Street and Chest-
nut Avenue; and
WHEREAS, said petition was signed by the owners of more
than two thirds of the property abutting upon the part of such
street sought to be vacated; and
WHEREAS, Educational Services District No. 105 proposes
to use the vacated strip of public right -of -way for a new
educational development building and parking area; and
WHEREAS, after due and legal notice pursuant to RCW
Chapter 35.79, after a public hearing by the Hearing Examiner,
and after a public hearing by the City Council of the City of
Yakima, the City Council finds that it is in the best interest
of the City that said petition to vacate said public right -of-
wa� be granted subject to all of the conditions contained in
the Hearing Examiner's Recommendation found in Examiner No.
I91 81 - 12, a copy of which is attached hereto as Exhibit A and
incorporated by reference herein, now, therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. The Bearing Examiner's Recommendation to
vacate an eight and one -half foot wide strip of public right -
of - way on the east side of South 2nd Avenue, between Walnut
Street and Chestnut Street, is hereby affirmed, and said strip
of public right - of - way, as legally described below, shall be
vacated when the conditions set forth in Section 2 have been
fully satisfied, to -wit: _
Beginning at the Southwest corner of
Lot 9, Block 212, TOWN OF NORTH
- 1 -
(ord /vacate.rp)
L A
G.
YAKIMA, NOW YAKIMA, WASHINGTON,
recorded in Volume "A" of Plats,
page 10, and re- recorded in Volume
"E" of Plats, page 1, records of
Yakima County, Washington; thence
West along the extended South line
of said Lot 9, 8.5 feet; thence
North parallel with the West line of
Block 212, 480 feet; thence East
parallel with the South line of said
Block 212, 8.5 feet to the West line
thereof; thence South 480 feet to
the true point of beginning,
EXCEPT a triangular portion de-
scribed as follows:
Beginning at the Southwest corner of
Lot 9, Block 212, TOWN OF NORTH
YAKIMA, NOW YAKIMA, WASHINGTON,
recorded in Volume "A" of Plats,
page 10, and re- recorded in Volume
"E" of Plats, page 1, records of
Yakima County, Washington, and the
true point of beginning; thence
West, along the extended South line
of said Lot 9, 8.5 feet; thence
North parallel with the West line of
said Block 212 a distance of 12.6
feet, thence Southeasterly in a
straight line to the true point of
beginning.
Section 2. This vacation is expressly made subject to
the following conditions:
A. Submittal of a final site plan including land-
scaping detail and bumper blocks for the parking
stalls located adjacent to 2nd Avenue, to be
approved by the Planning Department;
B. City Engineer approval of storm water runoff
plans, water and sewer line plans, and specifica-
tions for work within the public right -of -way;
and
C. Public Works Department approval of two new
street light locations and specifications.
Section 3. The Yakima City Council hereby adopts the
findings, conclusions, and recommendations pertaining to this
vacation and contained in the Hearing Examiner's Recommenda
tion, City Numbers UAZO RW VAC *1 and UAZO CL2 44 - 91,
- 2 -
(ord /vacate.rp)
Examiner No. 191- 81 -12, a true copy of which is attached
hereto as Exhibit A and incorporated by reference herein.
• Section 4. The City Clerk is hereby authorized and
directed to file a certified copy of this ordinance with the
Clerk of the Yakima County Board of County Commissioners and
the Yakima County Auditor.
Section 5. 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
-7 +h day of f\'‘QaL , 1991.
Vi-4-4/149
Mayor
ATTEST
• City Clerk
Publication Date 51'0191
Effective Date (l i c k 15 1
• _ _
3
(ord /vacate.rp)
•
Master Application for ) SUMMARY OF
Right -of -Way Vacation ) EXAMINER'S RECOMMENDATION
and Class 2 Review of ) City Nos. DAZO R* VAC 01 -91
Office Building by ) and UA20 CL2 04 -91
YA7IMA EDUCATIONAL ) Examiner No. 291 -81 -1
SERVICE DISTRICT f105. )
This summery of the Nearing Examiner's recommendation provides caplets details of the actual
conclusions and decision, but doss not include all of the ind findings City reasoning involved. Yot May obtain •
complete copy of the recommendation, trim of char's, by
SUMMARY
Applicant: Yakima Educational Service District 0105.
Type of Application: Master application for right -of -way
vacation and Class 2 review of proposed
office building.
• Location: 33 South Second Avenue; Yakima County
Assessor's Parcel No. 181324-41520.
Date Decision Filed: April 3, 1991.
Current Land Use: Large graveled and partially paved area.
Proposed Land Use: Office building and parking lot.
Current Zone: Light Industrial (M -1).
Decision:
CONCLUSIONS
1. All notice provisions have been complied with. The
proposed building is consistent with the comprehensive plan and the
Urban Area Zoning Ordinance.
2. 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.
jtECOMMENDATION
Approve the proposed expansion and right-of-Way vacation for
• the following described strip of right -of -way:
EXAMINER'S SUMMARY - 1
M[ARWG EXAMINER
FOR THE
CRY AND COL/WY Or YAKIMA
EXHIBIT "A" POST OFFICE ttox •
YAKP•• . WASMoNGTON 90907
C509)241-0706
Beginning at the Southwest corner of Lot 9, Block 212,
9 9
TOWN OF NORTH YAKIMA, NOW YAKIMA, WASHINGTON, recorded in
Volume "A" of Plats, page 10, and re- recorded in Volume
"E" of Plats, page 1, records of Yakima County,
Washington; thence West along the extended South line of
said Lot 9, 8.5 feet; thence North parallel with the West
line of Block 212, 480 feet; thence East parallel with
the South line of said Block 212, 8.5 feet to the West
line thereof; thence South 480 feet to the true point of
beginning,
EXCEPT a triangular portion described as follows:
Beginning at the Southwest corner of Lot 9, Block 212,
TOWN OF NORTH YAKIMA, NOW YAKIMA, WASHINGTON, recorded in
Volume "A" of Plats, page 10, and re- recorded in Volume
"E" of Plats, page 1, records of Yakima County,
Washington, and the true point of beginning; thence West,
along the extended South line of said Lot 9, 8.5 feet;
thence North parallel with the west line of said Block
212 a distance of 12.6 feet, thence Southeasterly in a
straight line to the true point of beginning.
subject to the following conditions:
1. Submittal of a final site plan including landscaping
detail and bumper blocks for the parking stalls located adjacent to 111
Second Avenue, to be approved by the Planning Department.
2. City Engineer approval of storm water run -off plans,
water and sewer line plans, and specifications for work within the
public right -of -way.
3. Public Works Department approval of two new street light
locations and specifications.
Examiner:
411
EXAMINER'S SUMMARY - 2
WEARING EXAMINER
FOR THE
VT' AND COUNTY OF YAKIMA
ROST OFFICE !Ox 4
TAKIMA. WA5MMdGTON SSW
•
Master Application for ) EXAMINER'S RECOMMENDATION
Vacation )
and Class 2 Review of )
Office Building by ) City Nos. UASO AW VAC 11 -91
) and UABO CL2 14 -91
YAKIMA EDUCATIONAL ) Examiner No. I91 -81 -12
SERVICE DISTRICT 1105. )
The Examiner conducted a public hearing on March 20, 1991.
The staff report presented by Mr. Dan Valoff recommended approval.
There was no opposition, although representatives of several
businesses on South Second Avenue expressed concerns about the
impact of this proposal on their utilization of on- street parking.
The Examiner inspected the property prior to the hearing, and again
after the hearing in the company of Planner Dan Valoff.
SUMMARY OF RECOMMENDATION. The Examiner recommends vacating
• the right -of -way and approving the office building.
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:
7INDINGS
1. »plicants. Yakima Educational Service District 1105
(ESD herein).
2. yocation. 33 South Second Avenue; Yakima County
Assessor's Parcel No. 181324 - 41520.
The legal description is:
Beginning at the Southwest corner of Lot 9, Block 212,
TOWN OF NORTH YAKIMA, NOW YAKIMA, WASHINGTON, recorded in
Volume "A" of Plats, page 10, and re- recorded in Volume
"E" of Plats, page 1, records of Yakima County,
Washington; thence West along the extended South line of
• said Lot 9, 8.5 feet; thence North parallel with the West
line of Block 212, 480 feet; thence East parallel with
the South line of said Block 212, 8.5 feet to the West
EXAMINER'S RECOMMENDATION - 1 NEARPIO EXEXAMINER ,o
FOR THE
c AND COLDAIrf OF YAMP
POST OfMMCE OOx a
VAf.MA. WARMr 1GTC N DS
•5O1 243 -0706
line thereof; thence South 480 feet to the true point of
beginning,
EXCEPT a triangular portion described as follows:
Beginning at the Southwest corner of. Lot 9, Block 212,
TOWN OF NORTH YAKIMA, NOW YAKIMA, WASHINGTON, recorded in
Volume "A" of Plats, page 10, and re- recorded in Volume
"E" of Plats, page 1, records of Yakima County,
Washington, and the true point of beginning; thence West,
along the extended South line of said Lot 9, 8.5 feet;
thence North parallel with the west line of said Block
212 a distance of 12.6 feet, thence Southeasterly in a
straight line to the true point of beginning.
3. application. Master application for right -of -way
vacation and Class 2 review of proposed office building.
4. proposed Use. Office building and parking lot.
5. Current Zoninc and Use This parcel is zoned Light
Industrial (M -1). It currently is a large graveled and partially
paved area. Some vehicle parking currently occurs here, generated
by the ESD and also in season by the Del Monte plant which is
located to the south.
Surrounding land uses have the following characteristics:
Location Zoning Zxistinc Use
North M -1 Existing ESD building, drive -in bank.
South of Walnut M -1 Industrial uses.
East of site M -1 RR right -of -way and tracks.
West of Second Ave. CBDS Commercial uses including bank, phone
company, vehicle storage area, auto-
motive, computer and electrical
businesses.
6. protect Description. The proposed use of the new
building is for educational development for teachers in the ESD
8105 service area. It will be one story, approximately 8,800
square feet, together with a parking lot for approximately 70
vehicles. A strip of public right -of -way on the east side of South
Second Avenue would be vacated. The strip is 8 1/2 feet by 480
feet, and starts at the south edge of the extension of Walnut
Street, running south to Chestnut. In prehistoric times the right -
of -way for East Walnut Street, extending east of South Second
Avenue, was vacated. A strip along the east side of South Second
Avenue, running north from Walnut to at least the north boundary of
the ESD property, has also previously been vacated. That strip was
EXAMINER'S RECOMMENDATION - 2 REARM EXAMINER
FOR THE
cm ono cowry or YAKIMA
FAST orssCF eox a
MUNI&. .WASHP4GTON 9090'
• 16 feet wide. The existing parking lot along the current ESD
building is on private property, and the on- street parking in the
indented area near the front entrance of the building is also
apparently on private property.
The 8 1/2 foot width for the proposed vacation was determined
by Engineering, and means that a new replacement sidewalk will
remain in the public right -of -way.
The right -of -way for South Second Avenue started out very
wide, consisting of 100 feet. The existing curb lines are well
within the right -of -way. This vacation will not change the
existing curb location. It simply releases a strip of ground for
private use. There will be a new sidewalk adjacent to the curb,
and a planting strip between the sidewalk and the parking lot, all
located within the right -of -way. The strip being vacated is not
currently used and there is no apparent plan or likely plan for its
public use in the future.
The new building will be constructed in the existing parking
® lot south of the existing building. The existing striped improved
off - street parking lot has 61 marked spaces. A new parking lot
will have about 70 spaces meaning additional net new spaces of
nine. This area is within the Central Business District parking
exempt zone, and therefore the parking requirements of the zoning
ordinance do not apply.
7. Yakima Urban l�rsa somorehensive Plan. This area was
presumably zoned M -1 because of its location along the railroad.
The M -1 zone is typically reserved for light manufacturing,
wholesaling, processing, storage and distribution facilities.
However, under the Table of Permitted Land Uses in the zoning
ordinance, office buildings for government are a Class 2 use in the
M -1 zone. The comprehensive plan states that light industrial uses
are compatible with activities found in the Central Business
District Support zone, which is the area vest of Second Avenue.
Certainly office buildings are compatible with the adjacent
• businesses on Second. Any possible incompatibility would only
result from an industrial use being developed along the railroad
which might conflict with the ESD. That is obviously not of
EXAMINER'S RECOMMENDATION - 3 WARM WAI NER
PO* THE
CRY AND COUNTY OF v*xIM*
POST OFFICE SOx 4
YAKMA. wASMINGTON 9990
enema) : se-(■708
concern to the ESD. This proposal represents a significant
improvement over the current vacant land and is consistent with the II/
comprehensive plan.
8. Yakima Urban Area Sonina Qrdinance Class 2 uses are
generally permitted within a particular tone, unless there are
particular problems with compatibility. The only issues of concern
in this instance relate to traffic and parking. There will be
additional traffic on South Second. The street is now very wide,
carries low traffic volumes, and has a signal at its intersection
with Yakima Avenue. This addition will not generate excessive
traffic for Second Avenue.
The parking issue is more confusing. The ESD is a government
entity which provides services to its teachers. The ESD requires
office space and training facilities. The current parking
situation consists of 13 spaces in the indented area off the street
in front of the existing main entrance, together with 61 spaces in
the parking lot, for a total of 74. The 13 spaces will remain
unchanged, but the 61 spaces will be replaced by a new parking lot,
farther south, with 70 spaces. The total after all construction
will be 83 spaces, for a total net new spaces of nine.
If this addition were treated as a vocational school it would
generate a requirement for 22 additional parking spaces. If
treated as a government office building, 8,800 square feet generate
a requirement for 44 parking spaces. This is academic in a legal
sense, because it is located within that portion of the downtown
business district exempt from the traffic provisions of YMC
Ch.15.06. leg YMC 15.06.040(C). Because it is exempt, the fact
that only nine new spaces are being added is not controlling.
The parking is reviewed here because of concerns expressed by
neighboring businesses and because at the hearing the fact that
this proposal is exempt from the parking requirements was not
mentioned. Furthermore, the staff report contained information
analyzing the various parking requirements which should apply.
After the hearing, further examination of the site indicated that
the evidence at the hearing concerning the actual parking situation
was not clear, since the number of existing spaces had not been
EXAMINER'S RECOMMENDATION - 4 ,CARP* EXMANER
OOP THE
Caw AND COuNTV OF vAK IM
POST DICE soft •
YAKNA WASHINGTON ee9C
(809) 24e -0706
•
described and the fact that the project is exempt from the parking
requirements was not realized and made explicit by the Examiner at
the hearing. In order to avoid misleading those who attended the
hearing it is now set forth in some detail here.
The evidence indicates that eight additional ESD employees
will be located in the facility. These people previously had their
offices elsewhere, but spent considerable time at the current
location. In addition, conference rooms will be included in the
new facility which will replace existing inadequate facilities.
Two additional meeting rooms will be included. Approximately 30
people per day can be expected, on average, to be utilizing the
facility. The ESD's worst case scenario is two or three meetings
at the same time involving approximately 60 people. The more
typical average is 20 to 30.
This proposal will not decrease or affect in any way the
number of existing on- street parking spaces along Second. It can
be anticipated that during . fruit processing seasons that Del Monte
employees who currently park on the bare lot will create pressure
on available parking, as will the expansion of the ESD building.
Notwithstanding some concern about the availability of parking
in the area, this project complies in all respects with the
provisions of the Urban Area Zoning Ordinance.
9. Criteria for Riaht- of -AaY vacation. City policy
identifies five criteria for consideration:
9.1 public Benefit The right -of -way is currently not
used by the public, and there is no plan to do so in the future.
The applicant will construct a new public sidewalk and planting
strip, and the existing curb location will not be changed. This
vacation will allow the new parking area to be located entirely on
private property. This proposal will not impair public use of the
street, will facilitate better utilization of the adjoining land,
and the new sidewalk and planting strip are a benefit. There are
no negative aspects.
• 9.2 peni.i of Access No property will be denied access
by this vacation.
9.3 Consistency with Transportation 21ans. This
EXAMINER'S RECOMMENDATION - 5 NCNINNG EIWAINER
Mot THE
CRY AND COUNTY Cr YAxMA
►AAT OifCE WOx a
vat Ma WAAI/VGTGN 9S9C
. •
vacation is consistent with the Six -Year Road Plan and all relevant
City plans and policies. The current Six -Year Plan contains a plan
to improve South Second Avenue from Lincoln to Walnut, including
pavement rehabilitation, drainage, and signage. The project is
unfunded, and probably will not be accomplished within the next six
years.
9.4 gonsistencv with Ezistina and Anticiwated
Development and Zoning. The existing ESD use is consistent with
the character of the area as is this proposed expansion. There are
no long -term negative impacts to any adjoining land use resulting
from this requested vacation.
9.5 jtelocation of Utilities. The design review process
has not identified any utilities which will be impacted by this
vacation.
10. Compensation. Under state and local law compensation is
not required from a government entity for the vacated right -of -way.
11. Traffic Study. A traffic study was not required by the
City, which estimates approximately 200 vehicles per day will be
generated by this expansion. Two street lights will be necessary,
as recommended by Traffic Engineering.
12. environmental Review. A Determination of Non°
significance was issued by the City on March 6, 1991. The
checklist was required due to the size of the structure and the
parking lot. No comments were received.
13. 4ublic Notice. Public notice of the hearing was provided
in accordance with the ordinance.
From the foregoing Findings, the Examiner makes the following:
CONCLUSIONS
1. The Examiner has jurisdiction.
2. All notice provisions have been complied with. The
proposed building is consistent with the comprehensive plan and the
Urban Area Zoning Ordinance.
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'S RECOMMENDATION - 6 WEARING EXAMINER
for THE
CrrV Md0 =Whirr Of VA t 0.1
fie057 GPFIGE sox 4
a
i
• Examiner submits to the Yakima City Council the following:
jECOMMENDATION
Approve the proposed expansion and right -of -way vacation for
the following described strip of right -of -way:
Beginning at the Southwest corner of Lot 9, Block 212,
TOWN OF NORTH YAKIMA, NOW YAKIMA, WASHINGTON, recorded in
Volume "A" of Plats, page 10, and re- recorded in Volume
"E" of Plats, page 1, records of Yakima County,
Washington; thence West along the extended South line of
said Lot 9, 8.5 feet; thence North parallel with the West
line of Block 212, 480 feet; thence East parallel with
the South line of said Block 212, 8.5 feet to the West
line thereof; thence South 480 feet to the true point of
beginning,
EXCEPT a triangular portion described as follows:
Beginning at the Southwest corner of Lot 9, Block 212,
TOWN OF NORTH YAKIMA, NOW YAKIMA, WASHINGTON, recorded in
Volume "A" of Plats, page 10, and re- recorded in Volume
"E" of Plats, page 1, records of Yakima County,
Washington, and the true point of beginning; thence West,
along the extended South line of said Lot 9, 8.5 feet;
thence North parallel with the west line of said Block
212 a distance of 12.6 feet, thence Southeasterly in a
straight line to the true point of beginning.
subject to the following conditions:
1. Submittal of a final site plan including landscaping
detail and bumper blocks for the parking stalls located adjacent to
Second Avenue, to be approved by the Planning Department.
2. City Engineer approval of storm water run -off plans,
water and sewer line plans, and specifications for work within the
public right -of -way.
3. Public Works Department approval of two new street light
locations and specifications.
DATED this 7 day of April, 1991.
PHILIP A. B
Hearing Examiner
•
EXAMINER'S RECOMMENDATION - 7 SWING MOANER
POP THE
CRY App COL/NT, OF YAK •••
POST OFFICE SOX •
YAKP•• . WASMNGTON 989C
1509) 248.0706