HomeMy WebLinkAbout1990-3292 Vacating ORDINANCE Ndlt 1129
41, AN ORDINANCE vacating an undeveloped alleyway in the vicinity
of South 6th Street and Central Avenue in the
City of Yakima.
WHEREAS, pursuant to RCW 35.79.010, the City Council of
the City of Yakima initiated vacation of the undeveloped
alleyway described below by Resolution No. D -5771; and
WHEREAS, after due notice, after hearing by the Hearing
Examiner, and as result of the City Council hearing, the City
Council finds it is in the best interest of the City that the
vacation be granted; now, therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1 The undeveloped alleyway in the vicinity of
South 6th Street and Central Avenue within the City of Yakima,
1111 Washington, legally described as:
"The north 30 feet of the south 90 feet and also the
east 10 feet of Lot 6 Fairchild's Acre Tracts,
according to the official plat thereof now on file
and of record in the office of the Auditor of Yakima
County, Washington, more particularly described as
follows: Beginning at a point on the east line of
South 6th Street 60 feet south of the northwest
corner of Lot 6, Fairchild's Acre Tracts, thence
east parallel with the north line of said lot 240.5
feet, thence north parallel with and 10 feet distant
from the east line of said lot 60 feet to the north
line of said Lot 6; thence east along said north
line 10 feet to the east line of said lot; thence
south along the east line of said lot to the south-
east corner of the same; thence west along the south
line of said lot 10 feet; thence north parallel with
and 10 feet distant from the east line of said lot
60 feet; thence west parallel with the south line of
said lot 240.5 feet to the west line of same; thence
north along said west line 30 feet to the point of
- 1111 beginning.
Except: That part thereof lying within the east 10
feet of said Lot 6.
shall be vacated subject to the following condition:
A. A short plat exemption which provides legal access
to a developed public street for each of the four
- 1 -
(ord /6thcntrl.jt)
lots abutting upon property described in Section 1
of this ordinance.
Section 2: The findings, conclusions, and recommendation
of the Hearing Examiner, Examiner No. I90 -8 -46, City No. UAZO
R/W VAC #4 -90 and the attached map are adopted by the City
Council, incorporated herein, and made a part hereof.
Section 3: 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
„(S of a" ! /,(S / , 1990.
Qat
Mayor
ATTEST 4111
City Clerk
Publication Date gs,2. /9a
Effective Date. 7/ 3 /q o
4 11 1
- 2 -
(ord /6thcntrl.jt)
Right -of -Way Vacation by )
EXAMINER'S RECOMMENDATION
YAKIMA CITY HOUSING
OFFICE ) City No. UAZO R/W VAC #4 -90
Examiner No. I90 -8 -46
of Alley Near South 6th )
Street and Central Avenue)
The Examiner conducted a public hearing on July 18, 1990. The
staff report presented by Mrs. Joan Davenport recommended approval.
There was no opposition. The Examiner inspected the property on
July 18, 1990.
SUMMARY OF RECOMMENDATION. The Examiner recommends vacating
the right -of -way, subject to one condition.
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. Applicant City of Yakima Housing Services Office.
2. Location. This unimproved alley right -of -way is located
east of South 6th Street and south of Central Avenue. Page 1 of
Resolution No. D -5771 contains the legal description, is attached
hereto as Exhibit "A," and is incorporated herein by reference.
3. Application. Right -of -way vacation.
41) 4. Current Zoning and Use. The subject property and entire
vicinity is zoned Two - Family Residential (R -2). The four
contiguous lots are vacant or undergoing demolition. Adjacent
properties have the following characteristics:
EXAMINER'S RECOMMENDATION - 1
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF VAMP
POST OFFICE BOX 4
YAKMA. WASHINGTON 989C
(509) 248 -0706
Location Current Zoning Existing Use
North R -2 Single family homes
South R -2, CBDS Single family home, industrial
building (under construction)
West(across 6th St) CBDS Commercial, vacant, single
family
East(across alley) R -2 Single family homes
5. Background. The area to be vacated consists of an
unimproved alley right -of -way which was quitclaimed to the City of
Yakima in 1940, located east of South 6th Street and south of
Central Avenue. The City of Yakima Housing Services Center (Office
of Housing and Neighborhood Conservation) purchased four weedy lots
for the purpose of clean -up and resale under the program of
Rehab - Resale. The City will transfer title of the properties to
four families which qualify for the program. The four families
will be assisted by Habitat for Humanity who will build four new
single - family residences on the lots.
The Yakima City Council initiated this alley vacation on
June 26, 1990, by Resolution No. D -5771, as provided for in
RCW 35.79.010. The City owns all properties abutting the subject
undeveloped alley.
6. Public Use of the Right- of -Way. The subject right -of -way 4110
is currently undeveloped with no curb cut. No public use has ever
been made of the right -of -way. No utilities are located in this
right -of -way. The right -of -way runs east to west and would connect
South 6th Street with the existing north -south alley. There has
been no public purpose associated with the alley; past, present or
planned.
7. Criteria for Right -of -Way Vacation. City policy
identifies five criteria for consideration:
7.1 Public Benefit. This right -of -way is not publicly
used, and there is no future need for a road in this location. O
7.2 genial of Access. Subject to processing a short
plat exemption moving the lot lines, this vacation does not deny
sole access to any property. Habitat for Humanity will record a
short plat exemption which will serve the four lots with two shared
access driveways.
EXAMINER'S RECOMMENDATION - 2
HEARING EXAM IN =
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 248 -0706
tip. •
7.3 Consistency with Transportation Plans. The Six - Year
4111 Road Plan, the comprehensive plan, and other City plans and
policies do not reflect any planned improvements to the right -of-
way nor would these plans and policies be affected by this
vacation.
7.4 Consistency with Existing. and Anticipated
pevelonment and Zoning. This area is zoned and developed as a
residential area. All existing plans for the area support the
continuation of this land use in the area. Commercial development
has occurred and will continue across 6th Street and near Nob Hill
Boulevard. The construction of four single - family homes in this
area will assist in the provision of a stable neighborhood and
possibly prevent any further encroachment of commercial development
into the residential area. The vacation of this right -of -way is
® appropriate in this area.
7.5 Relocation of Utilities No utilities are located
in the alleyway, nor did any utility express an interest in
reserving this area for future installation of utilities. ® 8. Compensation. City Resolution #D -5630 specifies the
requirements for compensating the City for right -of -ways, when
vacated. This petition would be exempt from compensation, since it
is an unimproved and undeveloped right -of -way.
9. Traffic Study. A traffic study was not required by the
City.
10. Environmental Review. Street vacations are categorically
exempt from SEPA review, as specified in WAC 197- 11- 800(2)(h) and
YMC 6.88.
11. Public 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.
3. Vacation of this right -of -way is consistent with
RCW Ch.35.79 and Yakima City Ordinance No. D -5630. No public
EXAMINER'S RECOMMENDATION - 3
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKMA. WASHINGTON 98907
(509) 248 -0706
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:
RECOMMENDATION
Approve vacating the alley right -of -way described on Exhibit
"A," subject to the following condition:
1. A short plat exemption which provides legal access to
each of the four lots is required.
DATED this - 7_0 day of July, 1990.
PHILIP A. LAM
Hearing Examiner
0
0
O
EXAMINER'S RECOMMENDATION - 4
HEARING EXAM)N s
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 248 -0706
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CITY OF YAKIMA, WASHINGTON sc.'. - :
Information Services — GIS
FILE NO: RW Vacation *4- 90 dm Alle t be vaca d
APPLICANT: City of Yakima X, Subject area
REQUEST: Vacate Undeveloped Alley • 'M City Limits
LOCATION: Vicinity of South 6th Street in
06/21/90 South of Central Avenue bl Z o n g Boundary