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HomeMy WebLinkAbout1990-3306 Vacating ORDINANCE NO. 3306 AN ORDINANCE vacating Spruce Street between South 12th and South 13th Avenues excepting the existing alley- way, within the City of Yakima, and relocating and reconstructing that portion of Spruce Street, 'approximately 50 feet to the North; granting expansion of a nonconforming use for parking lot development; and granting a lot coverage adjust - ment at 12th Avenue and Spruce Street all in the City of Yakima. WHEREAS, a petition filed by Dentan Associates for vaca- tion of a portion of Spruce Street between 12th and 13th Avenues, excepting the existing alleyway, which is more fully described below, has been filed with the City Clerk and signed by the owners of more than two- thirds of the property abutting upon said alley; and WHEREAS, a petition for expansion of a nonconforming use for a parking lot development and a lot coverage adjustment at 12th Avenue and Spruce Street have been filed with the City of 41/ Yakima; and WHEREAS, after due notice, after a hearing by the Hearing Examiner, and a public meeting by the City Council of'the City of Yakima, the City Council finds it is in the best interest of the City that the petition to vacate said street be granted upon relocation of said street and dedication of those im- provements to the City of Yakima, and that the nonconforming use for parking lot development and lot coverage adjustment be granted all as conditioned by the Hearing Examiner's recommen- dations, except as specifically amended herein, found in Examiner No. I90- 86 -60, which is attached hereto and identi- fied as Exhibit "A ", now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Spruce Street between South 12th and South 13th Avenues, excepting the existing alleyway, within the City of Yakima, Washington, to -wit: Parcel A: That portion of Spruce Street between Park Ave., now So. 12th Ave. and Highland Ave., now So. 13th Ave. within the City of Yakima, - 1 - NU' suwcCt fi0 ♦♦����*p` (ord/spruce.jt) • '1, ME A> a AT ' : 'OFFICIAL R&^ul )n row �eNQ YOL 1309 1116 Yakima County, Washington and more particularly described as follows Beginning at the Northeast corner of Lot 1, Block 3, of the Plat of Highland Addition as recorded in Volume A of plats, Page 137, records of Yakima County, Washington;thence Westerly along the North line of said Lot 1 to the Northwest corner thereof; thence northerly along the West line of said Lot 1 extended Northerly to the South line of Block 2 of said Plat of Highland Addi- tion; thence Easterly along the south line of said Block 2 to the Southeast corner thereof; thence Southerly to the Point of Begin- ning. Parcel B That portion of Spruce Street between Park Ave., now South 12th Ave. and Highland Ave., now So. 13th Ave. within the City of Yakima, Yakima County, Washington and more particularly described as follows Beginning at the Northeast corner of Lot 2, Block 3, of the Plat of Highland Addition as recorded in Volume A of plats, Page 137, records of Yakima County, Washington; thence Westerly along the North line of said Lot 2 to the Northwest corner thereof; thence Northerly to the Southwest corner of Block 2 of said Plat of Highland Addition; thence Easterly along the South line of said Block 2 to an intersection with the East line of said Lot 2 extended Northerly, thence Southerly to the Point of Beginning. Parcel,s A and B are shown on the attached survey, which is identified as Exhibit B, attached hereto, incorporated herein, and made a part hereof, shall be vacated when the following conditions have been met A. The vacation shall not be effective until the appli- cants have relocated and dedicated to the City of Yakima the - 2 - (ord /spruce.jt) yet_ 1309 1717 v Spruce Street right -of -way between South 12th and South 13th III Avenues to approximately 50 feet north of its present location and legally described as: That portion of the North 50.00 feet of the South 534.55 feet of the Southwest Quarter of the Southwest Quarter of Sec- tion 24, Township 13 North, Range 18 East, W.M., lying East of the Easterly right -of- way line of Highland Avenue (now South Thirteenth Avenue) and West of the Wester- ly right -of -way line of Park Avenue (now South Twelfth Avenue) as shown on the plat of Highland Addition as recorded in Volume A of Plats, page 137, records of Yakima County, Washington, situate in Yakima County, Washington. and B. Upon all other conditions as set forth in Exhibit "A ", the Hearing Examiner's Recommendation dated September 28, 1990, except that recommendation 4J is amended to read, "All 411 utilities now underground shall remain underground, and all utilities now above ground shall remain above ground." Section 2. The applicant's petition for expansion of the nonconforming use for parking lot development is approved conditioned upon the requirements as set forth in Exhibit "A ", except that recommendation 4J is amended to read, "All utilities now underground shall remain underground, and all utilities now above ground shall remain above ground." Section 3. The applicant's petition for lot coverage adjustment is approved conditioned upon the requirements as set forth in Exhibit "A ". Section 4. The Hearing Examiner's recommendation, City No. UAZO R/W VAC #5 -90, UAZO ALT /NON -CONF #2 -90 and Examiner No. I90- 86 -60, dated September 28, 1990 is identified as Exhibit "A ", attached hereto, incorporated herein, and made a part hereof. Said Exhibit "A ", including but not limited to the summary of recommendation, findings, conclusions, and recommendations are adopted by the City Council, except that - 3 - (ord /spruce.jt) col. 1309 t718 recommendation 4J is amended to read, "All utilities now underground shall remain underground, and all utilities now above ground shall remain above ground." 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. This ordinance shall not be valid unless approved by Dentan Associates as provided below. PASSED BY THE CITY COUNCIL, signed and approved this 23rd day of October, 1990. ssistant Mayor ATTEST / thi City Clerk Publication Date: 10/26/90 Effective Date 11/26/90 DENTAN ASSOCIATES hereby approve and shall comply with the terms and conditions of this ordinance. BY : y ‘ Its: / Awl: .i } 4Ti'� {Ix f '..; i ' i x f .,:.� i �,'; ry ? ., o y r r �:�. + ? � ,{fi � ` Y �': ? rn+��t > � r �'' • j " " r 1 , .; !Q err 4k; 44 I+ L w/ .�_ �. 17 A cC;m /� b t 3 ki✓�94 �" i`�_ y C 1 - h ?, tL. . p si gy' ''' ty - 4 - (ord / spruce .jt) BETT F.. 3.tC' ;i °S AUDITOR VOL 1309 1710 •. ORDINANCE NO. 3306 AN ORDINANCE vacating Spruce Street between South 12th and South 13th Avenues excepting the existing alley- way, within the City of Yakima, and relocating and reconstructing that portion of Spruce Street, approximately 50 feet to the North; granting expansion of a nonconforming use for parking lot development; and granting a lot coverage adjust- ment at 12th Avenue and Spruce Street all in the City of Yakima. WHEREAS, a petition filed by Dentan Associates for vaca- tion of a portion of Spruce Street between 12th and 13th Avenues, excepting the existing alleyway, which is.more fully described below, has been filed with the City Clerk and s`ig•ned-_.�.�_ by the owners of more than two- thirds of the property abutting upon said alley; and WHEREAS, a petition for expansion of a nonconforming use for a parking lot development and a lot coverage adjustment at 12th Avenue and Spruce Street have been filed with the City of • Yakima; and WHEREAS, after due notice, after a hearing by the Hearing Examiner, and a public meeting by the City Council of the City of Yakima, the City Council finds it is in the best interest of the City that the petition to vacate said street be granted upon relocation of said street and dedication of those im- provements to the City of Yakima, and that the nonconforming use for parking lot development and lot coverage adjustment be granted all as conditioned by the Hearing Examiner's recommen- dations, except as specifically amended herein, found in Examiner No. 190- 86 -60, which is attached hereto and identi- fied as Exhibit "A ", now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Spruce Street between South 12th and South 13th Avenues, excepting the existing alleyway, within the City of Yakima, Washington, to -wit Parcel A: That portion of Spruce Street between Park Ave., now So. 411 12th Ave. and Highland Ave., now So. 13th Ave. within the City of Yakima, - 1 - (ord /spruce.jt) I Yakima County, Washington and more • particularly described as follows Beginning at the Northeast corner of Lot 1, Block 3, of the Plat of Highland Addition as recorded in Volume A of plats, Page 137, records of Yakima County, Washington;thence Westerly along the North line of said Lot 1 to the Northwest corner thereof; thence northerly along the West line of said Lot 1 extended Northerly to the South line of Block 2 of said Plat of Highland Addi- tion; thence Easterly along the south line of said Block 2 to the Southeast corner thereof, thence Southerly to the Point of Begin- ning. Parcel B: That portion of Spruce Street between Park Ave., now South 12th Ave. and Highland Ave., now So. 13th Ave. within the City of Yakima, Yakima County, Washington and more particularly described as follows • Beginning at the Northeast corner of Lot 2, Block 3, of the Plat of Highland Addition as recorded in Volume A of plats, Page 137, records of Yakima County, Washington; thence Westerly along the North line of said Lot 2 to the Northwest corner thereof; thence Northerly to the Southwest corner of Block 2 of said Plat of Highland Addition; thence Easterly along the South line of said Block 2 to an intersection with the East line of said Lot 2 extended Northerly; thence Southerly to the Point of Beginning. Parcels A and B are shown on the attached survey, which is identified as Exhibit B, attached hereto, incorporated herein, and made a part hereof, shall be vacated when the following conditions have been met: A. The vacation shall not be effective until the appli- cants have relocated and dedicated to the City of Yakima the 410 - 2 - (ord /spruce.jt) Spruce Street right -of -way between South 12th and South 13th • Avenues to approximately 50 feet north of its present location and legally described as: That portion of the North 50.00 feet of the South 534.55 feet of the Southwest Quarter of the Southwest Quarter of Sec- tion 24, Township 13 North, Range 18 East, W.M., lying East of the Easterly right -of- way line of Highland Avenue (now South Thirteenth Avenue) and West of the Wester- ly right -of -way line of Park Avenue (now South Twelfth Avenue) as shown on the plat of Highland Addition as recorded in Volume A of Plats, page 137, records of Yakima County, Washington, situate in Yakima County, Washington. and B. Upon all other conditions as set forth in Exhibit "A ", the Hearing Examiner's Recommendation dated September 28, 1990, except that recommendation 4J is amended to read, "All • utilities now underground shall remain underground, and all utilities now above ground shall remain above ground." Section 2. The applicant's petition for expansion of the nonconforming use for parking lot development is approved conditioned upon the requirements as set forth in Exhibit "A ", except that recommendation 4J is amended to read, "All utilities now underground shall remain underground, and all utilities now above ground shall remain above ground." Section 3. The applicant's petition for lot coverage adjustment is approved conditioned upon the requirements as set forth in Exhibit "A". Section 4. The Hearing Examiner's recommendation, City No. UAZO R/W VAC #5 - 90, UAZO ALT /NON - CONF #2 - 90 and Examiner No. I90- 86 -60, dated September 28, 1990 is identified as Exhibit "A ", attached hereto, incorporated herein, and made a part hereof. Said Exhibit "A ", including but not limited to the summary of recommendation, findings, conclusions, and • recommendations are adopted by the City Council, except that - 3 - (ord /spruce.jt) recommendation 4J is amended to read, "All utilities now • underground shall remain underground, and all utilities now above ground shall remain above ground." 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. This ordinance shall not be valid unless approved by Dentan Associates as provided below. PASSED BY THE CITY COUNCIL, signed and approved this 23rd day of October, 1990. Assistant Mayor ATTEST • City Clerk Publication Date 1 ()1 ( 9 1 6 . 1G b Effective Date 11 I DENTAN ASSOCIATES hereby approve and shall comply with the terms and conditions of this ordinance. By Its 111 - 4 - (ord /spruce.jt) In Re Master Application by ) DENTAN ASSOCIATES (YAKIMA ) EXAMINER'S RECOMMENDATION VALLEY INTERNISTS) ) City No. UAZO R/W VAC #5 -90 for Street Vacation and ) UAZO ALT /NON - CONF #2 -90 Relocation, Expansion of a ) Examiner No. I90 -86 -60 Non - conforming Use for ) Parking Lot Development, ) and Lot Coverage Adjustment ) at 12th and Spruce. ) Dentan Associates (Yakima Valley Internists) have filed a master application for which the Examiner conducted a public hearing on September 19, 1990. This application is similar to that submitted by Dentan in 1989, with the notable exception that in addition to vacating Spruce Street the applicant will relocate and reconstruct Spruce Street approximately 50 fee;. to the north. The staff report presented by Ms. Joan Davenport recommended approval. The applicant was represented by Mr. Rod Knipper and Mr. Jeff Morrow of Knipper -Dunn, and by Yakima Valley Internists' office manager Mr. Calvin Howe. The dentists who had opposed the original proposal in 1989 do not oppose this project, and did not appear. Testimony from neighborhood residents raised some concerns about the impact of relocating Spruce Street, in that a jog will be created at the intersection with 13th, causing possible traffic problems. A number of comments were received indicating that the City should consider making the new street wider than the existing street in order to facilitate more and safer traffic flows. Concern was also expressed that a stop sign might be appropriate at 13th and Spruce. Written comments were received from a neighbor expressing concern about possible adverse impact on property values on 13th and possible additional traffic. A letter was received from the president of Medical Center Properties, Inc., Unit I, reflecting the support of the 13 suite owners (located east of 12th) and expressing appreciation of the effort to promote the vitality of EXAMINER'S RECOMMENDATION - 1 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAK IM POST OFFICE BOX 4 TAKOMA. WASHINGTON 98907 EXHIBIT "A" I509 24a -0706 the area near the medical center. SUMMARY OF RECOMMENDATION. Approval. The only significant problem with the prior application was that the vacation of Spruce Street between 12th and 13th Avenues, without building a new street, would adversely affect traffic circulation patterns. This proposal simply moves Spruce Street about 50 feet north. It does create minor potential problems on 13th because of the jog in the street intersection, but that can be dealt with due to the anticipated low level of traffic in that area. Expanding the parking lot in the residential zone is appropriate. The existing planned development, completed in 1981, resulted in the current parking lot which has existed in harmony with the neighborhood. The same development theme would be applied to the new parking lot. From the view of the site, the matters contained in the official record including the Staff Report, a review of applicable statutes, ordinances and case law, and from evidence received at the hearing, the Examiner makes the following: FINDINGS 1. Applicant. Dentan Associates, owner of the property in which Yakima Valley Internists operate their medical clinic and associated parking lots, at 402 South 12th Avenue. 2. Application. This is a master application with three elements. The first requests vacating Spruce Street between South 12th and South 13th Avenues, and relocating and reconstructing it, at the applicant's expense, approximately 50 feet to the north. The second involves expansion of a non - conforming use, to allow use of a lot in the Two- Family Resident (R -2) zone to be used as a parking lot. The third requests that the parking area if approved be permitted to have 70 percent lot coverage rather than the 50 percent permitted in the R -2 zone. A master application under the Urban Area Zoning Ordinance allows concurrent processing of related requests, with the most stringent level of review required by any of the requests accorded the entire proposal. Since street vacations require a public EXAMINER'S RECOMMENDATION - 2 H EAR NG EXAM 9. FOR TI-IE CRY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA WASHINGTON 98907 15091 248 0706 hearing by the Examiner and a recommendation to the City Council, the entire proposal is subject to that level of review. 3. Location. The clinic is located on the southwest corner of the intersection of Spruce Street and South 12th Avenue. The parking lot for the clinic is located on the south side of the building, with additional parking across the alley to the west, south of Spruce Street. 4. Proiect Description. Dentan owns the property on the north side of Spruce Street, between 12th and 13th. Dentan owns all of the property abutting the proposed vacation. If this application is granted, they plan to extend their building to the north into the vacated street, adding approximately 6,000 square feet. The property north of Spruce, east of the alley, would be developed for additional parking. The first phase of the project would be to build the new Spruce Street between 12th and 13th, then remove the existing Spruce Street, and extend the west parking lot to the south edge of the new Spruce Street right -of -way, constructed in conformity with the existing west parking lot. Sin=e the two lots owned by Dentan north of Spruce, one east and one west of the alley, do not have the same lot depth, the additional depth on the east side of the alley will be constructed as a parking lot. Entrance will be from 12th Avenue, with the exit into the alley. Eight parking spaces will be provided. The expansion in Phase I will add 12 parking spaces with access from the alley on the west side of the building. Although not clearly reflected on the plans, there are only six existing spaces on the east side of the alley under the building overhang. The 12 new spaces come from six added on each side of the alley. Expansion of the west parking lot will also add 12 new spaces, for an overall total of 32 spaces, which is more than that required by the ordinance. Sidewalks consistent with the area, namely five feet wide, would be added on both sides of the reconstructed Spruce Street. Currently a five foot sidewalk exists on the south side of Spruce, and no sidewalk on the north side of Spruce. Thirteenth has five EXAMINER'S RECOMMENDATION - 3 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 S509)248-0706 feet wide sidewalks, as does 12th south of Spruce. There is no sidewalk on the west side of 12th north of Spruce, but the applicant will install a new sidewalk to its north property line. The second phase of construction will involve expansion of the building to the north into the area currently occupied by Spruce Street. Pending building expansion this area will be landscaped. The building expansion will probably be one story, but the applicant does not want to be limited to one story. The staff report recommended a condition of approval limiting the building to one story. The applicant prefers to deal with that issue down the road if it ever arises, at which point they would of course have to meet any applicable ordinance requirements. 5. History of Existing Development. In 1981, Dentan Associates was granted approval of a rezone from Two- Family Residential (R -2) to Planned Development at this location in order to construct the existing facility and provide the required parking for the development. When the Urban Area Zoning Ordinance was adopted in 1986, the site was recognized as part of a residential neighborhood and zoned R -2. 6. Zoning and Land Use. The subject property is currently zoned Professional Business (B -1) east of the alley, and Two- Family Residential (R -2) west of the alley. Land use on the north side of West Spruce Street for this property consists of a vacant building east of the alley, and an occupied single - family structure west of the alley. The Internists' medical office building and parking lot currently exist south of West Spruce Street. Adjacent properties have the following characteristics: Location Zoning Land Use. North B -1 (east of alley) Medical Offices R -2 (west of alley) Single- Family East (across 5. 12th) B -1 Medical Offices South B -1 (east of alley) Medical Offices R -2 (west of alley) Single- Family West (across S. 13th) R -2 Single - Family 7. Character of Area. Land uses in the neighborhood of the subject property consist mainly of a mixture of medical offices and single - family residences. The alley that runs north -south between EXAMINER'S RECOMMENDATION - 4 HEARING EXAMINER FOR THE CRY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 (509/24S-0706 South 12th and 13th Avenues is essentially the dividing line for medical and residential land uses. Land uses west of the alley to South 16th Avenue, from West Walnut Street to Tieton Drive, consist primarily of single - family residences. East of the alley to South 12th Avenue land uses are mainly a mixture of commercial and residential; east of South 12th Avenue to South 10th Avenue consists mainly of medical office uses. In addition, this alley serves as the boundary district line between the B -1 and R -2 Districts. Spruce Street west of 12th is only a two block section and lightly travelled, primarily by the residential neighborhood. B. Traf:c Circulation. South 12th Avenue serves as the primary connection between Yakima Avenue and Tieton Drive. It serves as a through street with no traffic controls between those two east -west arterials. It also serves as the effective west boundary of the medical center complex located to the east, between Chestnut and Tieton. It is 40 feet wide with two lanes of traffic and parking on both sides of the street. Sc_7h 13th Avenue one block to the west is the east boundary of a re= _dential area bordered by Tieton Drive on the south, South 16th Avenue on the west, and West Yakima Avenue on the north. It is 32 feet wide with parking on both sides. Spruce Street serves as the eastbound outlet because it is wider than the other eastbound streets, Walnut and Chestnut. Spruce is 32 feet wide compared to 24 feet for both Chestnut and Walnut. With cars parked on both sides Spruce Street still functions effectively as a two -way street. When cars are parked on the other streets they become effectively one -way streets because they are so narrow that two cars often cannot meet. This is true for Chestnut, Walnut, and 14th, which are all 24 feet wide. Parking is lim .Ited to one side of both Chestnut and Walnut, since they border St. Paul's school and playground. Even with parking restrictions these streets are not as effective as Spruce in safely handling two -way traffic. 9. jurisdiction. The authority and procedure for vacating a right -of -way is established by RCW Ch.35.79. By ordinance the City of Yakima delegated to the Hearing Examiner the obligation of EXAMINER'S RECOMMENDATIO. - 5 HEAR No EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 (509/248.0706 conducting a public hearing and making a recommendation to the Council. 10. Criteria for Rights -of -Way Vacation. City policy identifies five criteria for consideration: A. Public Benefit. If granted, this proposal permits Yakima Valley Internists to add to their building and increase the number of physicians and associated staff, resulting in additional jobs and more available health care within the Yakima community, without requiring the Internists to relocate. Relocation of Spruce Street will provide for safer parking in the area by adding additional off - street parking while maintaining traffic circulation. The traffic study submitted by the applicant prepared by the TRANSPO Group, dated August 16, 1990, states that the impact of this development on the functioning of South 12th Avenue and Spruce Street intersection will not be significant. The project will not significantly alter the traffic pattern currently established in the neighborhood. This project will add an estimated 134 new trips per day on Spruce Street with a peak hour demand of 20 trips. All street intersections are projected to continue to operate at level of service A after the project. The new relocated Spruce Street will have approximately 18 on- street parking spaces, consistent with what is now permitted on both sides of Spruce. B. Denial of Access. Approval of this street vacation will not deny sole access to any property. C. Consistency with Transportation Plans. The current Six -Year Transportation Improvement Plan does not contemplate improvements at this location. The Comprehensive Plan and the Urban Area Zoning Ordinance do not specifically deal with street vacations, but this project is consistent with both. It continues the mitigation of measures approved under the 1981 planned development, requiring a 23 foot setback for the masonry wall which shields the parking area from the residential neighborhood on 13th, and extensive landscaping. In addition, no direct vehicular access is allowed onto 13th. EXAMINER'S RECOMMENDATION - 6 HEARING ExAMI FOR THE CRY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 t5091 248-0706 Testimony at the public hearing indicates that there are no problems with the parking lot. The main problem is that there will be a jog on 13th for the continuation of Spruce. The house on the northwest corner of the intersection of 13th and westbound Spruce sits directly in front of the headlights from cars going west on Spruce. There is also the potential for more traffic conflict from the offset streets, which may require signs. The City Traffic Engineering personnel at this point have concluded that the level of traffic at the intersection does not warrant placement of a stop sign or signs, but that is a situation which can be revisited in the future if the citizens of the area think there is a problem. D. Consistency with Existing and Anticipated Development and Zoning. The proposed relocation of Spruce will not pose any particular hardship to the neighborhood. The TRANSPO report predicts that commercial traffic into the neighborhood may be reduced by the offset of Spruce at 13th Avenue, and that commercial traffic will be encouraged to exit on 12th Avenue due to the better alignment provided by the relocation of the street. On 12th, relocated Spruce will be directly acr - ss from Spruce on the east. Currently it is offset. In this instance, relocating Spruce simply moves the jog from east to west. The street relocation facilitates building expansion in a B -1 zone, which is consistent with the current and projected use of the area. E. Relocation of Utilities. The applicant will relocate Spruce along a 50 foot right -of -way to be located 50 feet north of the existing center line of the street, at the applicant's expense. The street section will include 32 feet of pavement, five foot sidewalks on either side of Spruce, and four foot shoulders. A planting strip within the public right -of -way will be landscaped by the applicant and will include trees and grass. All private property will also be landscaped. An irrigatio- line lies within the existing right -of -way of West Spruce from 12t% to 13th and will need to be relocated, also at the applicant's expense. The irrigation line will be moved to the new alignment of Spruce. Any EXAMINER'S RECOMMENDATION - 7 HEARING EXAMINER FOR THE GITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA WASHINGTON 96907 I509 246•0706 other utilities located within the existing right -of -way will also have to be moved at the applicant's expense. F. Compensation. Compensation for vacation of public right -of -way is governed by RCW 35.79.030 and City of Yakima Resolution No. D -5630, dated September 12, 1989. State law allows, but does not require, the city council to require compensation for vacated right -of -way. The City of Yakima ordinance states that compensation of one -half of the appraised value will be paid by the recipient for vacated right -of -way. The ordinance sets forth City policy, but does not address the issue presented by this case, in which the City is receiving an equivalent and newly constructed street in return for an older street without as many improvements. In this instance, it is clear that the value of the new street, with new pavement, sidewalks on both sides rather than one side of the street as formerly existed, and new landscaping, substantially exceeds the value of the old street. The land value, being side - by -side, is equivalent, and the value of the new improvements is more than the older depreciated improvements. Accordingly, the consideration or compensation for the right -of -way vacation is the requirement that the applicant dedicates and develops to current City standards a public street comparable to the existing street, but with sidewalks on both sides, and landscaping, together with relocation of any utilities, all at the applicant's expense. No other compensation is required. 11. Txpansion of Non - conforming Use. The Yakima Urban Area Zoning Ordinance includes specific conditions which must be met in order to approve expansion of a non - conforming use. These conditions are intended to assure that any expansion is compatible with the purpose of the zoning ordinance and neighboring land uses. All of the provisions of YMC 15.19.080 must be met, and will be considered as follows: A. The expansion must not be contrary to the public health, safety or welfare. There is no threat to the public health, safety or welfare. The expansion will be built in conformance with the Uniform Building Code, and will meet all requirements of the zoning ordinance for the R -2 zone, including EXAMINER'S RECOMMENDATION - 8 HEAPING EXAM INc., FOR THE CRY AND COUNTY OF YAKIMA POST OFFICE BOX A YAKIMA. WASHINGTON 96907 1508'248.0706 setbacks. Tho major safety issue is the addition of six parking spaces on t: :_ west side of the alley. This expansion of a non- conforming use deals only with the property west of the alley, which is a parking lot located in the R -2 zone. Alley parking creates problems in that people backing into the alley may conflict with cars leaving or entering the parking lot. The staff report recommended that alley parking be limited to employees. Although some employees will probably use the alley parking, on both the east and west sides of the alley, t* _s is some of the closest parking available to the main entrance to the clinic, which is on the south side. It is a trade -off whether you want patients walking across Spruce Street, and through parking lots, where they can conflict with cars, or have a car conflicting with a car in the alley. This is an issue best resolved by the applicant. If they experience problems they can obviously shift more employee parking to the alley. This expansion is not contrary to the public health, safety or welfare. B. Whether the proposed expansion is compatible with the character of the neighborhood, and in the case of an expansion does not significantly_ jeopardize future development of the area, in compliance with the provisions and intent of the R -2 Zoning District. Extensive buffering of the proposed parking lot expansion includes a 23 foot setback from the property line for a masonry wall and landscaping, along 13th Avenue. Within that setback the continuation of the landscaping buffer will be exte: red to relocated Spruce Street. Experience with a masonry wall on the existing parking lot establishes that it shields the residential area from parking lot noise, fumes, and associate: light. This parking lot expansion will not significantly jeopardize future residential uses in the area. It is a logical expansion of the existing medical facility and is bordered on the north by Spruce Street. C. Whether the significance of the applicant's hardship is more compelling than, and reasonably overbalances, the public EXAMINER'S RECOMMENDATION - 9 HEARING EXAMINER FOR THE CRY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA WASHINGTON 98907 (509] 24B•0706 interest resulting from denial of the relief requested. If this is not approved, the alternatives for expansion on this site are extremely limited. This expansion can be accommodated without any harm to the public interest by relocating Spruce. D. Whether the use or structure was lawful at the time of its inception. The parking lot was constructed pursuant to an approved planned development in 1981. E. The value of nearby properties must not be significantly depressed by approving the requested expansion. The residential neighborhood has remained stable and maintained the value since the original parking lot was built. Expansion of the parking lot, consistent with the current landscaping, will not adversely affect value. 12. Lot Coverage Administrative Adjustment. The third item of this application is a request to adjust the lot coverage requirement for the parking lot in the R -2 zone from 50 percent, permitted in R -2, to 70 percent, consistent with the existing parking lot. This adjustment is reasonable for the same reasons given to justify the expansion of the parking lot as a non- conforming use. 13. Environmental Review. A Determination of Non - significance for this request was issued on December 1, 1989. That DNS was filed for the initial application which included only the vacation of Spruce Street. When the applicant filed for this current application the checklist was updated to present the modified plan of relocating Spruce Street. This modified checklist became an Addendum to the DNS issued December 1, 1989, and did not trigger a second DNS process since this project was found to have lesser significant negative environmental impacts than the previous proposal. 14. Public Notice. Public notice for this application was provided in the following manner: September 7, 1990 - Posting of property. August 21, 1990 - Council Resolution set date of hearing. August 28, 1990 - Posting of Notice in three public places. September 7, 1990 - Legal notice. September 7, 1990 - Property owners within 300 feet notified. EXAMINER'S RECOMMENDATION - 10 HEARING EXAM IN, FOR THE CRY AND COUNTY OF YAK IMA POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 (509,215-0706 • From the foregoing Findings, the Examiner makes the following: CONCLUSIONS 1. The Examiner has jurisdiction. 2. For the reasons stated herein, the application complies with the objectives of the Urban Area Comprehensive Plan, the intent of the R -2 Zoning District, and the provisions of the Urban Area Zoning Ordinance. 3. Vacation of the right -of -way, and its relocation, is consistent with R( Ch.35.79 and .akima City Ordinance No. D -5630. 4. The criteria of YMC 15.19.080 concerning expansion of a non - conforming use have X11 been met. 5. The criteria for an administrative adjustment, YMC Ch.15.10, have been met. Based upon the foregoing Conclusions, the Examiner submits to the Yakima City Council the following: RECOMMENDATION 1. Approve vacating the existing Spruce Street right -of -way, between South 12th and South 13th Avenues; .. Approve relocating the above - described right -of -way approximately 50 feet n:=th, legally described as: That portion of the North 50.00 feet of the south 534.55 feet of the Southwest Quarter of the Southwest Quarter of Section 24, Township 13 North, Range 18 East, W.M., lying East of the Easterly right -of -way line of Highland Avenue (now South Thirteenth Avenue) and West of the Westerly right -of -way line of Park Avenue (now South Twelfth Avenue) as shown on the plat of Highland Addition as recorded in Volume A of Plats, page 137, records of Yakima County, Washington, situate in Yakima County, Washington; 3. Approve expansion of the non - conforming parking lot; 4. Approve administrative adjustment of the lot coverage requirement for the non - conforming parking, to 70 percent. Approval is subject to the following conditions: 3 p�t 2 Submittal of a survey for the new right -of -way. L B. A final site plan shall be submitted for approval, including, but not limited to, the following items: (1) Landscaping plan which identifies the wall material and specification, sitescreening plan for Spruce EXAMINER'S RECOMMENDATION - 11 HEARING EXAMINER FOR THE CT! AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAK IMA WASHINGTON 90907 (S09,248-0706 Street and 13th Avenue; and clear view areas free from obstructions; (2) Sidewalk locations, five feet wide, on both sides of Spruce Street, and continuing on the north side of Spruce Street along 12th Avenue to the north property line; (3) Parking specifications. C. City Engineer approval of: (1) On -site storm water runoff plan,) and the drainage plan for the realignment of Spruce Street; (2) Relocation of irrigation lines, fire hydrant, power pole and any related utility easements; (3) Plans for Spruce Street to include alignment, paving, radius returns, curb, gutters, street lights, sidewalks in conformance with the standards as specified by the City Engineer. The City Engineer should consider a larger turning radius on 13th in order to facilitate traffic flow. The City may want to consider eliminating on- street parking on 13th immediately south of Spruce in order to make traffic flow through the offset intersection easier. D. Public Works Director approval of driveway location and specifications, with commercial curb cuts required. E. Traffic Division of Public Works should examine signage at the new intersection of 13th and Spruce to determine if a stop sign is warranted. F. Dust abatement of demolition and construction activities to the satisfaction of the City Codes Division. Construction activities shall be limited to the hours of 7:00 a.m. to 6 :00 p.m. G. Health District approval of demolition disposal site. H. On- street parking should be prohibited within the clear view areas of both Spruce Street and 13th Avenue, as determined by the Traffic Engineer and enacted by Council. EXAMINER'S RECOMMENDATION - 12 HEARWG EXAM FOR THE CITY AND COUNTY OF YAKNIA POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 (509124B-0706 I. The vacation shall be granted without compensation, subject to relocation of Spruce Street at the applicant's expense, including all utilities, curb, gutter, and sidewalks, and further subject to dedication to the City of the new right -of -way. J. All utilities shall be underground. K. All refuse containers shall be screened from public view. L. The handicapped parking spaces located in the alley should be relocated as close as practical to the south building entrance. This may require restriping of the south parking lot. M. No limitations are placed on the number of stories for the building, and no limitation is placed on alley parking, other than to move the handicapped spaces, which will alleviate some of the maneuvering problems in the alley. RESPECTFULLY submitted this ?' of September, 1990. PHILI A a 4jBi E Hearing Examiner EXAMINER'S RECOMMENDATION - 13 HEARING EXAMINER FOR THE Crry AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 15091 248.0706 -.1, -• .• , 3., - r r..•• — L •N. • • ► -r~ I` 1'• t•..• .. --. .w 4.....a, r....� M -... 4.... ....-4... � • . r.r . . •••-• 1 , �• • 1.. r.. 3 M ...V r00.1.1 • • . ....� r 1•: • a. Rm. , , u .r le .•...• C.Ca....., ... _,•• •...- .. .•••. . «,-� .1 Id. . 1. •••• •••• .. ...r •w, .."e . •.•, Iwo o I w • •.1.r .1.w■r I. . 1.... o W ..I 1 0 Po 1....rl f.m/. 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