HomeMy WebLinkAbout1996-018 Catholic Credit Union 410 ORDINANCE NO 96 )'
AN ORDINANCE vacating the alley right -of -way in the block between West
"A" Street and West "B" Street between North 5th Avenue
and North 6th Avenue
WHEREAS, the Catholic Credit Union, (hereafter referred to as the "Applicant ") has,
under City of Yakima Department of Community and Economic Development
( "DCED ") file UAZO ADM ADJ #41 -95, duly applied for administrative adjustment to
allow compact parking stalls, and, under DCED file R/W Vac #4 -95, duly petitioned for
vacation of the alley right -of -way in the block between West "A" Street and West "B"
Street between North 5th Avenue and North 6th Avenue.
WHEREAS, the City of Yakima Hearing Examiner, after conducting a duly convened
public hearing on December 14, 1995, and considering the contents of the file and
statements of interested persons at the public hearing, has issued his Examiner's
Recommendation dated February 1, 1996, and has recommended approval both of the
requested administrative adjustment and of the requested alley right -of -way vacation,
subject to certain conditions, and
WHEREAS, the Council of the City of Yakima finds that it is appropriate to adjust
parking requirements to allow thirty percent (30 %) of the parking spaces to have 8 foot
by 16 foot dimensions, while in all other respects these spaces shall comply with the
parking requirements of the urban area zoning ordinance, and
WHEREAS, the Council of the City of Yakima finds that the proposed right -of -way
vacation is necessary to the Catholic Credit Union 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 alley right -of-
way will not deprive any property of sole access, and
WHEREAS, the Council of the City of Yakima finds that the 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 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 alley right -of -way vacation is compatible with exist-
ing and anticipated development in the area, and
WHEREAS, the Council of the City of Yakima finds that the proposed alley right-of-
. v ay N' acation does not adversely affect existing or future public utilities, and
lap \land use street vacation oath cred union r/w at 4 -95 ord 3/1/96 10:09 AM
ORDINANCE CATHOLIC CREDIT UNION
RIGHT -OF -WAY VACATION R/W VAC #4 -95 -- Page 1
WHEREAS, the Council of the City of Yakima finds that the proposed alley right -of-
way vacation is consistent with the requirements of chapter 35 79 RCW and with City of Ak
Yakima Ordinance No D- 5630, and
WHEREAS, no public purpose would be served by retaining the subject 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
Section 1. The Yakima City Council hereby adopts and incorporates herein by reference
the Findings and Conclusions of the Hearing Examiner's Recommendation, Examiner's
No I95 -8 -58, City Nos. UAZO ADM ADJ #41 -95 and R/W Vac #4 -95, issued February
1, 1996, a true copy of which is attached hereto as Exhibit A.
Section 2. Subject to satisfaction of conditions precedent set forth m Section 3 below, the
City of Yakima vacates its right -of -way interest over the following real property
(hereafter the "Subject Right -of- Way ")
LOTS 4, 5, 6, 7, 8, 9, 10, 11, 12 AND 13, BLOCK 289, KER'S SECOND ADDITION
TO NORTH YAKIMA, W T (NOW YAKIMA, WASHINGTON), ACCORDING
TO THE OFFICIAL PLAT THEREOF AS RECORDED IN VOLUME 'A' OF
PLATS, PAGE 32, RECORDS OF YAKIMA COUNTY, WASHINGTON AND
LOT 3 AND THE NORTH 4.5 FEET OF LOT 14, BLOCK 289, KER'S ADDITION
TO NORTH YAKIMA W T (NOW YAKIMA, WASHINGTON), ACCORDING
TO THE PLAT THEREOF RECORDED IN VOLUME 'A' OF PLATS, PAGE 17,
RECORDS OF YAKIMA COUNTY, WASHINGTON AND KER'S SECOND
ADDITION TO NORTH YAKIMA W T (NOW YAKIMA COUNTY,
WASHINGTON), ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME 'A' OF PLATS, PAGE 32, RECORDS OF YAKIMA COUNTY,
WASHINGTON
Section 3. Vacation of the Subject Right -of -Way is expressly made subject to conditions
1 through 6 as stated in paragraph number 2 on page 9 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, unless
otherwise specified
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
lap land use \street, acahon cath cred union r/„ vac 4-95 ord /1 /96 1009 AN1
ORDINANCE CATHOLIC CREDIT UNION
RIGHT -OF -WAY VACATION R/W VAC #4 -95 -- Page 2
Section .4 Thirty percent (30 %) of the parking spaces may have 8 foot by 16 foot
dimensions In all other respects these spaces shall .domply with the parking
' requirements of the urban area zoning ordinance
Section 5 This ordinance shall be in full force and effect 30 days after its passage,
approN al, 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 BTHE CITY COUNCIL, at a regular meeting and signed and
approved this � day of March, 1996
2/ - d
Mayor
ATTEST
c a}`_- J ) c,v'N C-
Cit} Clerk
el _
Publication Date -8-I�-
Effect \e Date /�11LO
1
•
lap la-d ,tree a att2 cat? cred union r'‘, v ac4•Q ^ord 1,96 ]0.09 AM
ORDINANCE CATHOLIC CREDIT UNION
RIGHT -OF -WAY VACATION R/W VAC #4 -95 -- Page 3
ISSUED: FEBRUARY 1, 1996
41/1 Administrative Adjustment ) EXAMINER'S RECOMMENDATION
and Right -of -way Vacation )
Request by the Catholic ) City No. UAZO ADM ADJ #41 -95
Credit Union for Property ) i R/■ Vac #4 -95
near 110 North Sth Avenue )
) EXAMINER NO. I95 -8 -58
The Examiner conducted a public hearing on December 14, 1995.
The staff report presented by Dan Valoff recommended approval.
There was no opposition. Mr. Paul Regimbal, President of the
Credit Union, and his architects reviewed the proposal. The
Examiner inspected the property prior to the hearing.
SUMMARY OF DECISION. The Examiner recommends granting an
administrative adjustment to allow compact parking stalls as
proposed by the applicant, and further recommends vacating the
alley right -of -way subject to payment of compensation to the city
of $22,040.00.
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. Catholic Credit Union.
2. Location. This project involves several lots in the
vicinity of 110 North 5th Avenue, specifically, parcel numbers
181324 - 13443, 13420, 13421, 13447, 13448, 13450, 13451, and 13452.
The legal description is attached to the application and
incorporated herein by reference. These parcels constitute the
development site for the credit union.
410 EXAMINER'S RECOMMENDATION 1
HEARING EXAMINER
Uap\land use street vacation \cath cred union r/w vac 4 -95 ord 2/28/96 5:50 PM FOR THE
ORDINANCE CATHOLIC CREDIT UNION crrY AND COUNTY OF YAKMA
POST OFFICE BOX 4
RIGHT -OF -WAY VACATION R/W VAC #4 -95 -- EXHIBIT A YAKMA. WASHINGTON 9990
(S09)248-0706
The right -of -way is legally described in the vacation
petition, which is incorporated herein by reference. Basically it
�
involves all of the valley in this particular block, lying south of
West "B" Street and north of West "A" Street. This includes that
portion of the alley passing through the development site on the
north portion of the block, and also includes the alley servicing
properties on the south side of the block, which are not involved
with the credit union's project. All of the property owners are
supportive of this vacation.
3. Application. Class 3, for an administrative adjustment
of parking stall size, and a right -of -way vacation.
4. Current Zonina and Use. This and surrounding properties
are zoned Central Business District (CBD). Property to the west of
this block is developed as residential, but all other surrounding
properties are of a commercial or retail nature. (The staff report
reference to surrounding areas as CBDS, and the site plan included
in the file showing the alley vacation as involving only the north
two - thirds of the block are in error.)
5. Background. The Catholic Credit Union of Yakima has
purchased ten lots between North 5th and 6th Avenue and south of
"B" Street. The credit union is proposing to relocate its
operation to this site. Plans call for the construction of a
24,000 square foot, two -story structure with three drive -up lanes
including a canopy. The facility will include a banking floor with
a lobby, teller line, a member service area, and administrative
office space. Approximately 103 parking stalls will be available
in the adjacent parking area. The site includes approximately
1.74 acres.
The applicant's purpose in vacating the alley is to allow
for maximum utilization of the entire property for the benefit of
present and future members. The Catholic Credit Union is also
requesting an administrative adjustment to allow for 30% of the
required off - street parking stalls to be for compact vehicles. The
request is to reduce the stall size to eight (8) feet wide and
sixteen (16) feet deep. The standard stall size is nine (9) feet
EXAMINER'S RECOMMENDATION - 2 Aft
HEARING E INER
Bap ,land use street vacation \cath cred union r/w vac 4 -95 ord 2/28/96 5:50 PM FOR THE
ORDINANCE CATHOLIC CREDIT UNION CITY AND COUNTY OF YAKM
POST OFFICE BOX 4
RIGHT -OF -WAY VACATION R/W VAC #4 -95 -- EXHIBIT A YAKMA. WASHINGTON 9890
C509)248-0706
t ' �
wide and nineteen (19) feet deep. This proposal for compact stalls
allows moving the building away from the corner, thus permitting
additional landscaping in that area.
The interior design of this site allows room for 5 cars
to stack per drive - through facility, and also accommodates
potential addition of a third story to this building. In the event
of an additional floor, additional parking would have to be
provided pursuant to the code.
Property owners on the south side of the block have all
agreed to a private access easement serving the rear of their
properties, in lieu of the alley. The credit union will prepare
this instrument.
6. Yakima Urban Area Comprehensive Plan. The Plan Trends
Map designates this area as urban, and indicates that future
development should be compatible with existing uses. This
proposal meets the plan requirements in all respects.
7. Yakima Urban Area Zoning Ordinance. The Central Business
District zone is intended to preserve this area as the region's
center of commerce. The zoning district is characterized by very
intensive development and a variety of land uses, including
financial institutions. This proposal is consistent with the
intent of the CBD zone.
Although not specifically required to be reviewed in the
context of a public hearing, this proposal complies with all
development standards of the urban area zoning ordinance. The CBD
zone allows 100% impervious lot coverage. This proposal covers
approximately 85% of the lot with impervious surfaces, allowing
substantial landscaping. The only issue which does not comply with
the zoning ordinance deals with parking; thus the request for an
administrative adjustment, which is permitted by the ordinance, for
reduced parking stall dimensions.
8. Administrative Adiustment for Parking. This proposal
provides the required number of parking spaces if a reduction in
size of parking stall is permitted. According to staff and
411/
EXAMINER'S RECOMMENDATION - 3
HEARING EXAMINER
Uap \land use \street vacation \cath cred union r/w vac 4 -95 ord 2/28/96 5.50 PM FOR THE
ORDINANCE CATHOLIC CREDIT UNION CITY AND COUNTY OF YAXIMA
POST OFFICE BOX a
RIGHT -OF -WAY VACATION R/W VAC #4 -95 -- EXHIBIT A YAKMA, WASHINGTON 9690
applicant calculations, this proposal requires 101 parking spaces,
with 103 being proposed.
The credit union requests that 30% of the required stalls ,
be sized for compact vehicles, reducing the standard stall size
from 9 by 19 to 8 by 16. The standard 24 foot wide driveway aisles
will continue to be maintained throughout the lot.
Excellent information is set forth in the staff report
concerning dimensions of parking stalls allowed in other Washington
cities. This information, provided by the applicant, indicates
that cities as diverse as Seattle and Walla Walla allow 30% to 65%
of parking stalls to be sized for compact cars. The compact stall
dimensions proposed in this instance are somewhat larger (8 by 16)
than permitted in Seattle, Bellevue, Bellingham, Vancouver, and
Walla Walla (7.5 by 15).
YMC Section 15.10.020 authorizes administrative
adjustment of certain development standards in the ordinance,
including parking requirements. A number of criteria are set forth
in that section. One of the factors is flexibility of design.
This proposal does allow flexibility, and recognizes the growing
proportion of smaller vehicles. Furthermore, by allowing this
reduction, the site can provide the required number of parking
spaces, thus removing parking pressure on adjacent properties.
Although this ordinance does not provide specifics concerning
compact stall dimensions, we have utilized this approach for a
number of proposals in the city, most frequently involving
expansion proposals for both Providence and Memorial Hospitals.
Another factor justifying this adjustment is the
coordination it permits with surrounding uses. As this area
redevelops with a variety of retail and commercial uses, the
pedestrian traffic will undoubtedly increase. This proposal allows
increased landscaping by pulling the building away from the
property line and adjacent streets. This will be beneficial not
only for pedestrians but also for motorists.
9. Right -of -Way Vacation.
9.1 Public Use of the Right -of -Way. This is a standard
EXAMINER'S RECOMMENDATION - 4 41)
HEARING EXAMINER
llap \land use street v acation \cath cred uruon r/w vac 4 -95 ord 2 /28/96 5.50 PM FOR THE
ORDINANCE CATHOLIC CREDIT UNION Cm AND COUNTY OF YAKIMA
POST OFFICE BOX 4
RIGHT -OF -WAY VACATION R/W VAC #4 -95 -- EXHIBIT A YAKMA. WASHINGTON 98907
(509) 248-0706
a
20 foot wide alley, which is paved. There is an 8" diameter
concrete sewer line, a 3" diameter wood stave irrigation line,
Cascade Natural Gas main, and overhead electric and telephone lines
located within the right -of -way. The alley is currently used by
local businesses in the block for internal circulation.
9.2 Criteria for Right - of - way Vacation. City policy,
which is consistent with state statute, identifies five criteria
for consideration:
9.2.1 public Benefit. This request is to vacate
the entire alley within this block. All of the abutting property
owners have signed the petition. Vacation will permit maximum
utilization of the entire block for all of the property owners
within the block. Private access agreements have been agreed upon
by abutting property owners.
This area has been in a state of transition
for a number of years. As buildings have deteriorated, many have
been removed, resulting in a large number of vacant lots. The
credit union's redevelopment of the majority of this block is
1111 likely to spur further investment activity in this area, resulting
in substantial benefit not only to the businesses involved but also
to the general public.
If this vacation request is denied, it will
substantially impair this project, with no countervailing public
benefit.
9.2.2 Denial of Access. No access to public
streets is impaired. Although not required by state law concerning
right -of -way vacation, the property owners south of this project
have agreed to enter into a private access agreement concerning the
continued use of a portion of the alley.
9.2.3 Consistency of Transportation Plans. The
Six Year Road Plan, the Comprehensive Plan, and other city plans
and policies do not reflect any planned improvements to the alley
nor would these plans and policies be affected by this vacation.
9.2.4 Consistency With Existing and Anticipated
Development and Zoning. As reflected elsewhere in this
EXAMINER'S RECOMMENDATION - 5
HEARING EXAMINER
llap and use street vacation \cath cred union r/w vac 4 -95 ord 2/28/96 550 PM FOR THE
ORDINANCE CATHOLIC CREDIT UNION cm AND COUNTY OF YAKIMA
POST OFFICE BOX 4
RIGHT -OF -WAY VACATION R/W VAC #4 -95 -- EXHIBIT A YAKMA. WASHINGTON 989O'.
MO9) 248 -0706
recommendation, this proposal is consistent with the existing
businesses on the south portion of the block, and anticipated
credit union development. The area zoning emphasizes the desire to
encourage retail and commercial activities.
Vacating this alley is also consistent
with prior alley vacations in this area. For instance, the alley
within the block directly to the north, the old Albertson's grocery
store, was vacated in 1966, apparently to allow development of that
property as a grocery store. (Ordinance No. 840). The alley was
also vacated for the Safeway building located to the northeast.
9.2.5 Relocation of Utilities. The existing
utilities will have to be maintained within the alley.
Accordingly, the vacation is subject to continued utility
easements. The overhead utilities will have to be undergrounded.
The inground utilities, sewer line and
irrigation line, will have to be rebuilt pursuant to city
requirements within that portion of the alley to be owned by the
credit union.
One of the technical issues is to what
extent the wood stave irrigation line should be replaced. Ideally
this old line should be replaced throughout the entire alley.
However, there are no plans to reconstruct or change the present
configuration of the alley south of the property owned by the
credit union. The credit union will be constructing their building
and paving their lot for parking. Accordingly, that portion of the
irrigation line located under the credit union property should be
replaced with new 3" PVC line, according to specifications required
by the City Water and Irrigation Division.
Building codes also require that existing
sewer mains be replaced with ductile iron pipe when located under
a building or building overhang. Given the location of the
proposed kiosk or drive through, the existing sewer main in the
alley should be replaced from the existing manhole at the north end
of the alley to a new manhole a minimum of 10 feet south of any
building overhangs.
EXAMINER'S RECOMMENDATION - 6
HEARNG EXAMINER
llap \land use ,street vacation \ cath cred union r/w vac 4-95 ord 2/28/96 5:50 PM FOR THE
ORDINANCE CATHOLIC CREDIT UNION CITY AND COUNTY OF YAKMA
POST OFFICE BOX 4
RIGHT -OF -WAY VACATION R/W VAC #4 -95 -- EXHIBIT A YAKMA. WASHINGTON 98907
MO9) 2480706
These details have been reviewed with and
410 are acceptable to the applicant.
9.3 Compensation. City Resolution No. D -5630 specifies
the requirements for compensating the city for rights of way when
vacated. This resolution is consistent with state law, which
requires compensation, but allows reduction to one -half of the
appraised value. The resolution requires one -half of the appraised
value to be paid to the city on the vacation of any public alley
unless the right -of -way is unimproved or not maintained. There are
also other exceptions not relevant to this situation.
The applicant's appraisal, prepared in 1993, values
the credit union lots at $5.51 per square foot. The square footage
of the alley to be vacated, covering the entire block, measures
approximately 8,000 square feet (20 feet x 400 feet). The math
works out to $22,040.00, which represents one -half of the appraised
value of the alley.
As a practical matter, what is happening here is
that the credit union will pay this amount to the city. The city
does not care who pays the money, so long as the money is paid
before the alley vacation becomes complete. The credit union may
have a right of action against adjacent property owners for
reimbursement, but that is not the city's issue. In addition, the
city does not determine ownership of the alley right -of -way. State
law generally provides that when right -of -way is vacated it reverts
to the property on each side, which then holds to the old
centerline of the alley. The primary exception to this is when all
of the right -of -way originally came from one parcel, which can be
determined by reference to old deeds and plats. In this instance,
the credit union will own the alley north from its south property
line, because it straddles the alley on both sides. Presumably,
although not determined by the city, the south portion of the alley
will revert equally to the existing property owners on the east and
west sides of the alley. The fact that the credit union pays for
vacation does not entitle the credit union to a deed from the city
for the entire alley.
EXAMINER'S RECOMMENDATION - 7
HEARNG EXAMINER
Hap' land use \street vacation \cash cred union r/w vac 4 -95 ord 2/28/96 5:50 PM FOR THE
ORDINANCE CATHOLIC CREDIT UNION CrnY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
RIGHT -OF -WAY VACATION R/W VAC #4 -95 -- EXHIBIT A YAKMA. WASHINGTON 9890
(509) 248-0706
The appraisal submitted by the credit union should
be accepted, even though it has not been adjusted for inflation.
As appraisals go, it is reasonably current, and is based on the r
best evidence we have, actual transactions by the credit union in
acquiring property in this specific block.
10. environmental Review. Street vacations are categorically
exempt from environmental review, pursuant to WAC 197 -11 -800 and
YMC Chapter 6.88. The construction of the credit union facility
and associated parking lot does require review, resulting in a
determination of non - significance (DNS), on November 15, 1995. The
appeal period is final. No comments were received from public or
private agencies contacted for review.
11. Public Notice. Public notice of the hearing was provided
in the following manner:
Resolution R -95 -159 adopted to set
public hearing Nov. 21, 1995
Posting in three public places Nov. 27, 1995
Posting of property Dec. 1, 1995
Legal ad published Dec. 1, 1995
Adjoining property notices mailed Dec. 1, 1995
Alt
From the foregoing Findings, the Examiner m akes the following: g 11,
CONCLUSIONS
1. The Examiner has jurisdiction.
2. All notice provisions have been complied with.
3. Administrative adjustment allowing 30% of the parking
stalls be reduced in size to 8 foot by 16 foot is appropriate.
4. Vacation of this right -of -way is consistent with RCW
Chapter 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
recommendation:
EXAMINER'S RECOMMENDATION - 8 •
HEARING EXAMINER
11ap` land use street sacatlon \oath cred union r/w vac 4 -95 ord 2/28/96 5.50 PM FOR THE
ORDINANCE CATHOLIC CREDIT UNION CITY AND COUNTY OF YAK/MA
POST OFFICE BOX 4
RIGHT -OF -WAY VACATION R/W VAC #4 -95 -- EXHIBIT A YAKMA. WASHINGTON 98907
(s09) 248-0706
1. Approve an administrative adjustment allowing 30% of
the parking spaces to have 8 foot by '16 foot dimensions, and to
parking otherwise comply in all respects with the P Q of
the urban area zoning ordinance.
2. Approve vacating the alley right -of -way described
above, subject to the following conditions:
1. $22,040.00 shall be paid to the City of Yakima.
2. A 20 foot public utility easement shall be
reserved over the entire length of the vacated alley.
3. No structural members of the canopy shall
encroach into the easement.
4. The existing sewer main in the alley shall be
replaced with ductile iron pipe from the existing manhole at the
north end of the alley to a new manhole a minimum of 10 feet south
of any overhangs of the development.
5. The existing irrigation line in that portion of
the alley involved with the credit union shall be replaced with new
PVC line pursuant to specifications required by the City Water and
Irrigation Division.
6. The applicant shall enter into a Hold Harmless
Agreement with the City such that any damage or alteration of the
proposed canopy resulting from maintenance, repair, replacement or
normal operation of the sewer main is not a City responsibility.
The City Legal Department shall draft this agreement.
DATED this / day of February, 1996.
/
PHILIP A.
Hearing Examiner
011/ EXAMINER'S RECOMMENDATION - 9
HEARING EXAMINER
llap \land use \street vacation \ cath cred union r 'w vac 4 -95 ord 2/26/96 5:50 PM FOR THE
ORDINANCE CATHOLIC CREDIT UNION cm ANO COUNTY OF YAKMA
POST OFFICE BOX 4
RIGHT -OF -WAY VACATION R/W VAC #4 -95 -- EXHIBIT A YAKMA. WASHINGTON 98907
(509)248-0706