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HomeMy WebLinkAbout1990-3255 Vacating 3255 ORDINANCE NO. AN ORDINANCE vacating the alleyways within the block bounded by South Naches Avenue, East Chestnut Avenue, South 4th Street, and East Yakima Avenue in the vicinity of the Tower Building within the City of Yakima. WHEREAS, a petition for vacation of the alleyway which is described below has been filed with the City Clerk and signed by the owners of more than two-thirds of the property abut- ting upon said alley, and WHEREAS, after due notice, after a hearing by the hearing examiner, and as a result of the City Council hearing, the City Council finds it is in the best interest of the City that the petition to vacate be granted, now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1 The alleyways within the block of bounded by South Naches Avenue, East Chestnut Avenue, South 4th Street, S and East Yakima Avenue in the vicinity of the Tower Building within the City of Yakima, Washington, to-wit: - The south 20 feet of the north 150 feet of block 91, the west 10 feet of the east 150 of the south 250 feet of block 91, the east 10 feet of the west 150 fee1 of the south 250 feet of block 91, also described as the alleyway of block 91 located east of Lot 7 and the alleyway of block 91 located between Lots 13 and 27 shall be vacated when the following conditions have been met: A. The vacation shall not be effective until receipt by the City of one-half of the fair market value of the vacated alleys, which amount is FORTY ONE THOUSAND ONE HUNDRED DOLLARS (S41,100.00), in cash. Payment shall be made within 12 months of April 10, 1990. B. The City shall retain a public utility ease- ment in the right-of-way as approved by the City Engi- neer. 11/ - 1 - (ord/vacation) C. All access points to the block shall provide means for emergency access for police and fire vehicles. D. The applicant shall install signing at its 41/ expense at all access points indicating that they are private and not public rights-of-way. E. The applicant shall repair and replace curb, gutter, and sidewalk at any current access point that is not maintained in the future for vehicular access, in compliance with standards of the City Engineer. Section 2: The summary recommendation, findings, conclu- sions, and recommendations of the hearing examiner and at- tached maps 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. This ordinance shall not be valid unless approved by Joseph R. Morrier, Ron Skala, and Walter Weeks, Jr. as provided below. 111 - PASSED BY THE CITY COUNCIL, signed and approved this /(,' 4 day of 41Tr(\ , 1990. (3,(21,V5eA-rric./-1 Mayor ATTEST: City Clerk Publication Date: APR 1 3 1 MAY 1 2 1990 Effective Date Joseph R. Morrier hereby approves and shall comply with the terms and conditions of this ordinance. By Joseph R. Morrier 11/ - 2 - (ord/vacation) . , . _ III Ron Skala hereby approves and shall comply with the terms and conditions of this ordinance. By: Ron Skala Walter Weeks, Jr. hereby approves and shall comply with the terms and conditions of this ordinance. By: Walter Weeks, Jr. 11/ 111 -3-. (ord/vacation) RECEIVED FEB 271990 • CITY OF YAKIMA Right-of-Way Vacation ) EXAMINER'S RECOMMENDATION Petition by YAKIMA MALL CORPORATION ) Examiner UA O 190-8-5 C f8 -89 for Vacation of Alley ) in The Tower Block. The Examiner held a public bearing on this right-of -ray vacation on February 7, 1990. The staff report presented by Mr. Larry Lehman recommended approval. Mr. Al Royal appeared on behalf of the applicant. There was no opposition. The Examiner inspected the property prior to the hearing. The Examiner recommends vacating the alley, subject to payment of $41,100.00, representing one -half of the appraised value, and further subject to the City's retention • of a public utility easement in the right -of -way. 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: 7IND1103 1. The Staff Report is adopted in its entirety, incorporated herein by reference, and attached hereto as Exhibit 'A.' 2. ysmati211. This is an 'L' shaped alley behind the old Chinook Tower. That block is owned predominantly by one owner, with an apartment building on the southwest corner under different ownership. No objection from the apartment owner has been received. One end of the alley is accessed from Walnut, between the apartment building and the old Weeks -Skala law office. The other end of the alley comes out on Neches, just south of the old bank building. EXAMINER'S RECOMMENDATION - 1 NICMING M war CITY NO COUNTY Of tarts POET 011I01 DON f YA1(P4A. WAS4wGION evR mom +woes 3. 'raffia Imeaat. With the alley vacated, Mr. Morrier will be able to limit access and control parking, subject to some arrangement with the apartment building owner. The alley behind the apartment building is used for refuse removal, and Mr. Royal indicated on behalf of Mr. Morrier that joint arrangements would be worked out with the owner and the tenants. The Examiner made clear that vacating the alley doss not resolve which property owner receives title to strip of ground directly between the apartment building and the old Weeks -Skala law office. Mr. Royal indicated he understood that. 4. Design Review Teas. Them are no problems expressed by any member of the Design Review Team concerning this vacation. It will not have any significant impact upon public traffic, there vas no opposition at the hearing, and adequate fire and emergency vehicle access will continue to be provided by the property owners. S. Appraisal An appraisal prepared by John Timm for the applicant indicates that the fair market value of the alley as of October 19, 1989, was 582,200.00. Pursuant to city ordinance, one- half of that value will have to be paid, namely 841,100.00. The appraisal seems to be complete, with a reasonable number of comparables. One of the comparables, L -3, vas a transaction in which the Examiner represented the seller, and is accurately • identified. The comparables in the appraisal run from 811.00 per square foot down to 89.29 per square foot. The appraisal chose 89.90 per square foot as the value of this land. The most interesting aspect of the appraisal is what it does not contain. Three sales have occurred on The Tower block which were not listed as comparables. Most recently, the applicant purchased the Chinook Tower. The applicant earlier purchased the old insurance building on the northeast corner, and the Weeks -Skala building on the southeast corner. Although these sales may be somewhat dated, they are arguably the best evidence, when adjusted for time, of the value of the land in that block. 6. Public Notice. Public notice of the bearing before the Examiner complied with RCW Ch.35.79. EXAMINER'S RECOMMENDATION - 2wr+G auwrw FOR 1+s an AND OaWnY01 M FOOT OFFCC410 04/cw4 WASHrq 409124e-070G From the foregoing Findingi, the Examiner sakes the following: • COMCLOSIOMS 1. The Examiner has juriediotion. 2. All notice provisions have been complied with. 3. Vacation of this right -of -way is consistent with RCM Ch.35.79 and Yakima City Ordinance No. D -5630. No public use is served by retaining the right -of -ray. 4. One -half the value of the vacated right- of-way is $41,100.00. Based upon the foregoing Findings and Conclusions, the Examiner submits to the Yakima City Council the followings Approve vacating the right -of -way consisting of the alleyways within the block bounded by South Nachos Avenue, Bast Chestnut Avenue, South 4th Street, and East Yakima Avenue, in the vioinity of The Tower building, subject to the following conditionss 1. The vacation shall not be effective until receipt by the City of one -half the fair market value of the vacated right -of -way, $41,100.00, in cash. Payment shall be made within twelve (12) months of the date of City Council action approving the vacation. 2. All access points to the block shall provide means for emergency access for police and fire vehicles. 3. The applicant shall install signing at its expense at all access points indicating that they are private and not public rights -of -way. 4. The applicant shall repair and replace curb, gutter, and sidewalk at any current access point that is not maintained in the future for vehicular access, in compliance with standards of the City Engineer. DATED this 7" _ day of February, 1990. PHILIP A. LAMB Hearing Examiner EXAMINER'S RZC©NMENDATION - 3 14LWINGOAMWM Mane CRY AND COUNTY OF MD POST OFT1Ct KA 4 Y*MA, WA /0410H Yes (5001 Z44-0704 CITY OF YAKIMA OFFICE OF ENVIRONMENTAL PLANNING STAFF REPORT 111 February 2, 1990 SUBJECT: Right-Of-Way Vacation LOCATION: Vicinity of "The Tower' Building REQUEST: Vacate Alleyways Within "Tower" Block STAFF CONTACT: Larry Lehman, Associate Planner FILE NUMBER: UAZO R/W Vac 18-89 BACKGROUND: The Yakima Mall Corporation has submitted an application requesting the vacation of the public alleys within the block in which The Tower" building is sited. The application included a petition, in compliance with RCW 35.79, describing the proposed vacation and bearing the signatures of Joseph R. Morrier (President, Yakima Mall Corp.), Ron Skala, and Walter Weeks, Jr. (Petition No. 1093). The vacation petition includes all remaining public alleys within the block in which "The Tower" building is sited. Said block is bounded by: South Naches Avenue to the east; East Walnut Street to the South; South 4th Street to the West, and; East Yakima Avenue to the North. The west 140 feet of the east-west alley within the block was vacated in 1959 (City Ordinance No. B-2276). The subject area for this request was defined as right-of-way as part of the original plat of the Town of North Yakima (now Yakima) in 1883. ZONING AND LAND USE: The block in which the proposed right-of-way vacation is proposed is zoned CBD. Except for the apartment building sited in the southwest corner of the proposed vacation all abutting uses are commercial. 411 TRAFFIC CIRCULATION: The alley provides interior access to the commercial uses located within the block. There should be little, if any, impact on the adjoining public street system as a result of this vacation. 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 conducting a public hearing and making a recommendation to the Council (Ordinance No. D-5630). CRITERIA FOR VACATION OF RIGHT-OF-WAY The City has adopted criteria for evaluating right-of-way vacation applications. This application has addressed these criteria as follows; I. The Petition must explain the public benefit of the project and the reasoning of the proposed vacation and the limits of the vacation. If granted, this vacation would allow the applicant to better secure access and use of the private parking facilities serving "The Tower" building and will facilitate proposed construction of "...the plaza area..." adjacent to The Tower". The proposed "Yakima Downtown Futures Plan" references the need to provide downtown security, particularly in parking areas, and the need to provide opportunity for the expansion of downtown retail and office facilities. This proposed vacation would facilitate actions towards these two defined needs. 2. The vacation of right-of-way does not deny any sole access to any property. This vacation request would not deny any sole access to any property. 3. Petitions should be consistent with the Six Year Transportation Improvement Plan, Urban Comprehensive Plan and other official City plans and policies. The current Six Year Transportation Improvement Plan does not contemplate improvements at this location that would be impacted by this proposed vacation. The proposed and existing USHS Are oonsistent with the goals and polities of the Comprehensive Plan. Specifically, this action • follows the economic goals and policies of the Plan to "1 ontinue the revitalization of Yakima's Central Business District..." and to encourage commerctal uses "...to locaro within existing regional commercial centers..."(Plan Summary, p. b). Page .2 Vacation of right-of-ways shouldioe appropriate with existing Id anticipated development in the area, based upon zoning, urrent use and long range plans. he proposed vacation is consistent with existing and proposed development in the area. The area has been established as a commercial area and the current and proposed uses would appear to best be served by vacating the right-of-way. 5. Existing Utilities (public and franchised) should be relocated at the developere expense or an adequate easement provided. Where appropriate, if existing utilities are deemed not necessary this requirement may be waived. The applicant has agreed to comply with this requirement through the provision of retaining the right-of-way as a public utility easement. TITLE SEARCH The applicant has submitted a title report describing the legal status and ownership of the right-of-way and adjacent properties. FAIR MARKET APPRAISAL AND COMPENSATION TO TSB CITY In accordance with City Resolution D-5630 the applicant has submitted a fair market appraisal of the value of the right-of- way 411 subject to the proposed vacation. Based upon this appraisal it was determined the property value to be $02,200. Compensation to the City is to be one-half the fair market value or $41,100. CURB AND GUTTER ENGINEERING PLANS The applicant has requested that engineering plans indicating how the curb, gutter and other physical features of the right-of-way will be treated after the vacation is enacted be waived. Assuming that the alleys continue to serve as private access ways there is no need to alter said physical features. It will be the applicant's responsibility to sign said access ways in a manner to indicate that they are not public alleys. If vehicular use of the subject right-of-ways is suspended it will be incumbent upon the applicant to close existing curb cuts through construction of new curb and gutter in compliance with the standards of the City Engtneer. ITEMS WAIVED ThP administrative requirements were waived for the following: 1. Survey of the area to be vacated. 2. Traffic analysis. 411 Page 3 ,F 7 • DESIGN REVIEW COlMENTS A Design Review Team (DRT) meeting was held on November 15, 1989 to review the proposed vacation. The applicant's representative was present at that meeting and copies of the written comments were provided to the applicant. A summary of those comments, as they may address issues which need to be considered in reviewing this application are listed below. Telephone Co. -- There are telephone facilities in the project area which can be used to serve the project and an easement will be required. Fire -- Request that access be maintained for fire equipment for emergency purposes. SEPA REVIEW Street Vacations are categorically exempt from SEPA review, as specified in WAC 197- 11- 800(2)h and YMC 6.88. PUBLIC NOTICE Resolution D -5674 setting date of hearing adopted . Jan. 16, 1990 Posting of property Jan. 17, 1990 Public notice posted in 3 public places Jan. 17. 1990 L egal ad published . .......... ..... .........s 26, 1990 Notices mailed to property owners within 300 feet Jan. 26, 1990 CONCLUSIONS The Division of Environmental Planning has reviewed the information submitted and offers the following conclusions: 1. The Hearing Examiner has jurisdiction. 2. The proposed action complies with the objectives of the Urban Area Comprehensive Plan, the intent of the CBD zoning district, and the provisions of the Urban Area Zoning Ordinance. 3. Vacation of this right-of-way ts consistent with RCW 35.79 and applicable City of Yakima ordinances and policies. Any public use of this right -of -way that is diminished as a result of this action will be offset because of the public use and benefit gained by its vacation. 4 Page 4 RECOMMENDATION The staff recommends approval of the applicant's request subject to the following conditions: Ill 1. That the applicant compensate the City one-half the fair market value of the vacated right-of-way, or $41,100 (one-half of $82,200). 2. That all access ways maintained provide means for emergency access for police and fire vehicles. 3. That the applicant install signing at the entry of vacated right-of-way that is maintained as a private access way that defines said access way(s) as not being public right-of-way. 4. That at the entry of any right-of-ways that are not maintained for vehicular access the applicant shall close the curb cut and reconstruct the curb and gutter in compliance with the standards of the City Engineer. 411 Pdge 5 m 'a 0 . ile . -. , 10 li li \ 01 e 10 g I i " 11 1 A A sui tjEct • 1 00 A RE -- * , _ ..v 1111111".- 411 110 11111 ,..„,- , -,,, ..a .,- „.. -„, . --, - VA s„, ok • 04 10 10 1 I. .-4-' , 0 ;..".?-• , 0 1100 111 !',71111 , TO ess 11 'IIIIIIIIIITCII III 1114 \ 1110 - *- :144 - i • 0 IIP 0 0 10 o 1 • Ilhl et) # 10 . x. _ .. 0 vik SI 110 ' fkit . .411110°A if . a 401. 0 MA 0 CITY OF YAKI ' ILE HO; UAZO R/W VAC #8-89 .PPLICANT; Yakima Mall Corporation REQUEST: To vacate the alleyways within the block on which The Tower” building is si c • TION: Alleyways behind 402 East Yakima Avenue