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Home My WebLink About2009-007 Right-of-Way Vacation, Vicinity of 207 East "S" Street , 11 11111111 111111111 11111 *7653858 14* i FILE# 7653858 YAKIMA COUNTY, WA 05/22/2009 09 54 47AN ORDINANCE PAGES 14 CITY OF YAKIMA PLANNING Recording Fee 55 00 5/22/09 Return To: Yakima City Clerk 129 North Second Street Yakima, WA 98901 Document Title Ordinance No. 2009 -07 Street Right -of -Way Vacation — vacating two certain portions of platted right -of -way in the vicinity of 207 East "S" Street Grantor City of Yakima Grantee Dean Owens ABBREVIATED LEGAL DESCRIPTION: All that portion of the 13 -foot nght -of -way lying westerly of Lot 7, Block 3, of Hines Subdivision, and (see Exhibit 'A' of attached Ordinance for complete legal descnption) PARCEL NUMBER: 181312- 44029, 191307- 33515, 191307 - 33435, 191307 -33436 ORDINANCE NO. 2009 -07 AN ORDINANCE relating to land use; vacating two certain portions of right -of -way in the vicinity of 207 East S Street. WHEREAS, by application dated September 3, 2008, Dean Owens requested a vacation of two portions of platted City of Yakima right -of -way more particularly described in Exhibit "A", attached hereto and incorporated herein by this reference; and WHEREAS, the City of Yakima has no future plans for development of this undeveloped platted right -of -way; and WHEREAS, Dean Owens, the applicant/petitioner for this right -of -way vacation, owns more than the necessary two thirds of the parcels abutting the property subject to this vacation application; and WHEREAS, on December 11, 2008, the Hearing Examiner for the City of Yakima conducted an open - record public hearing regarding the requested right -of -way vacation; and WHEREAS, on December 26, 2008 the Hearing Examiner issued Hearing Examiner's Recommendation regarding R/W VAC #3-08, (the "recommendation ") recommending that the platted alley right -of -way be vacated, said recommendation attached hereto and incorporated herein by this reference as Exhibit "8", and WHEREAS, at an open- record public hearing held on February 3, 2009, the City Council considered the requested right -of -way vacation, including the documents and other evidence which comprise the record developed before the Hearing Examiner, the Hearing Examiner's Recommendation, and the statements and comments of interested persons; and WHEREAS, the City Council finds that the considerations of the Hearing Examiner in response to the requirements and criteria of RCW Chapter 35.79, together with the City of Yakima street vacation policy, are correct and appropriate, and that the same should be adopted by the City Council as its findings herein, and WHEREAS, compensation to the City is necessary for this right -of -way vacation in the amount of $6,297 50; and WHEREAS, the City Council finds that it is in the best interest of the City to enact the following to approve the requested right -of -way vacation, Now Therefore, BE IT ORDAINED BY THE CITY OF YAKIMA. Section 1 The entire portion of the platted alley right -of -way running north and south along a portion of the west boundary of Hines Subdivision, and a portion of East "S" Street right - of-way running east to west, more particularly described in Exhibit "A ", attached hereto and incorporated herein by this reference, is hereby vacated by the City of Yakima. Section 2. The findings, conclusions and conditions within the December 26, 2008 Hearing Examiner's Recommendation (R/W VAC #3 -08) regarding this right -of -way vacation are hereby adopted by the City Council as its findings, conclusions and conditions in support hereof, pursuant to City vacation policy and RCW Chapter 35 79, and are incorporated herein by this reference as if fully set forth herein. (jc)ord /Owens -R-O W Vacation 1 , Section 3. The right -of -way vacation granted by this ordinance is expressly conditioned on Dean Owens' satisfaction of the following conditions, as stated on pages 9 and 10 of the Hearing Examiner's Recommendation a. A 38-foot -wide easement for utilities over the south 38 feet of the portion of East "S" Street to be vacated shall be recorded prior to the effective date of the vacation. No buildings shall be constructed over the easement and any relocation of the utilities will be at the developer's expense b Compensation in the amount of $6,297.50 shall be paid to the City prior to the effective date of the vacation. c. Parcel numbers 191307 -33435 and 191307 -33436 shall be merged prior to the effective date of the vacation so that all lots will have direct access to a public street. d Upon vacation the dedicated rights -of -way will belong to the abutting parcels of property within Hines Subdivision which was the origin of the dedicated rights -of- way The dedicated alley right -of -way will belong to Lot 7 Block 3, of Hines Subdivision east of that right -of -way (which is Assessor's tax parcel number 191307 -33435 owned by the petitioners) The vacated rights -of -way will all be zoned Light Industrial (M -1) which is the zoning of all the abutting parcels within Hines Subdivision. Section 4. Severability If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 5. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter PASSED BY THE CITY COUNCIL at a regular m = - • and signe • nd approved this 24 day of February, 2009 `� 1.. `'Cavid Edier, `T ayor ATTEST 41 4-1-76112-4-41-cru-ks __ City Clerk Publication Date: 2/27/09 Effective Date 3/29/09 (jc)ord /Owens -R-0 W Vacation 2 • Exhibit "A" Legal Description That portion of "S" Street lying northerly of Lots 5 and 6, Block 6, and southerly of Lots 7 and 8, Block 3, and extended west to the west boundary of Hines Subdivision, according to the official plat thereof recorded in Volume `B" of Plats, page 32, records of Yakima County, Washington. That portion of the 13 foot alley lying westerly of Lot 7, Block 3 of Hines Subdivision, according to the official plat thereof recorded in Volume "B" of Plats, page 32, records of Yakima County, Washington. • ahjbft " 199 Hearing Examiner's Recommendation Attached is the Hearing Examiner's Recommendation for the Dean Owens Right -of -Way Vacation dated December 26, 2008 (File R/W Vac #3 -08) 1 RECEIVED I ED DEC 2 6 NOB CITY OF UMW, PLA i ti D1V City of Yakima, Washington Hearing Examiner's Recomme dation December 26, 2008 In the Matter of a Petition for Vacation ) Of Public Rights -of -Way Submitted by: ) UAZO RJW VAC # 3 -08 ) Petition # 08 -08 Dean & ]Peggy Owens ) ) To Vacate Street and Alley Rights -of -Way ) In the Vicinity of 204 & 207 East "S" Street ) Introduction. The chronology of the hearing process relative to this request to vacate two portions of public rights -of -way can be summarized as follows 1) The Heanng Examiner conducted a hearing on December 11, 2008 Assistant Planner Joseph Calhoun presented his staff report favoring the requested nght -of -way vacation. Bill Hordan of Hordan Planning Services also testified in favor of the request on behalf of the petitioners Dean and Peggy Owens A resident of the area, DeAnna Harris, was assured that this vacation would not affect the utilities serving her residence on East "Q" Street or utilities serving any other residence No one testified or submitted written comments m opposition to this petition for vacation of these public rights -of -way 2) This nght -of -way vacation recommendation has been submitted within ten business days of the hearing_ Summary of Recommendation. The Hearing Examiner recommends that the City Council approve this request to vacate certain public rights -of -way subject to conditions Dean & Peggy Owens 1 Vacation of Street /Alley Rights -of -Way In Vicinity of 204 & 207 East "S" Street • R/W Vac #3 - 08, Petition #08 -08 Doc INDEX 6 A4 -1 RECEIVED DEC 2 6 2008 CITY OF YA€ Winn PLANNING DIV Basis for Recommendation. Based upon a view of the site without anyone else present on December 10, 2008, the staff report, exhibits, testimony and evidence presented at an open record public hearing on December 11, 2008, and a review of the Yakima Urban Area Comprehensive Plan, the Yakima Urban Area Zoning Ordinance, Chapter 35 79 of the Revised Code of Washington and the City of Yakima's street vacation policies, the Hearing Examiner makes the following: FIN INGS I. Petitioners/Property Ow u ers. The petitioners /property owners are Dean and Peggy Owens, 707 North 1S Street, Yakima, Washington H. Representative of Petitioners/Property Owners. The representative of Dean and Peggy Owens in this matter is Bill Hordan of Hordan Planning Services, 410 North 2nd Street, Yakima, Washington. III. Location. The nghts -of -way involved in this request are in the followmg locations (1) The first requested vacation area is an east/west 50- foot -wide portion of East "S" Street about 113 feet long extending to the west boundary of Hines Subdivision. A mobile home at 204 East "S" Street abuts this area on the south. The mobile home is on Lots 5 and 6, Block 6, of Hines Subdivision (Assessor's tax parcel 191307 - 33515) owned by the petitioners. The 13- foot -wide alley right -of -way to be vacated and two parcels improved with a house at 207 East "S" Street abut this area on the north. The house is on Dean & Peggy Owens 2 Vacation of Street/Alley Rights -of -Way In Vicinity of 204 & 207 East "S" Street R!W Vac 43 -08, Petition #08 -08 DOC INDEX l RECEIVED DEC ?, 6 2008 CITY OF MOW. ANW9NC- 01V Lots 7 and 8, Block 3, of Hines Subdivision (Assessor's tax parcel numbers 191307- 33435 and 33436) also owned by the petitioners. (2) The second requested vacation area is an unimproved north/south 13 -foot- wide alley nght -of -way about 130 feet long along the west side of the westernmost lot at 207 East "S" Street (along the west side of Lot 7, Block 3, of Hines Subdivision which is Assessor's tax parcel number 191307 -33435 owned by the petitioners) and immediately north of the westerly 13 feet of the East "S" Street area to be vacated. A vacant parcel owned by the petitioners which is Assessor's tax parcel number 181312 -44029 abuts most of the west side of the alley right -of -way to be vacated, but a vacant parcel owned by one Vincent Fay which is Assessor's tax parcel number 181312 -44023 abuts part of the northerly part of the alley nght -of -way on the west side Mr Fay has neither joined in nor opposed the petition for vacation. His signature is not necessary for the requisite two - thirds of the property owners abutting the proposed vacation IV. Legal Description. The legal descnptions of the rights -of -way involved in tlus request are (1 That portion of "S" Street lying northerly of Lots 5 and 6, Block 6, and southerly of Lots 7 and 8, Block 3, and extended west to the west boundary of Hines Subdivision, according to the official plat thereof recorded in Volume `B" of Plats, page 32, records of Yakima County, Washington. (2) That portion of the 13 foot alley lymg westerly of Lot 7, Block 3 of Hines Subdivision, accordmg to the official plat thereof recorded in Volume `B" of Plats, page 32, records of Yakima County, Washington. V. Notices. The Yakima City Council set December 11, 2008 as the date for the public hearing regarding this request for vacation of nghts -of -way That date was established by Resolution No R- 2008 -151 which was adopted on October 21, 2008, in accordance with RCW 35 79 010 Notice of the hearing was given more than twenty days before the hearing in the manner required by RCW 35 79 020 and was given in additional ways as follows. Dean & Peggy Owens 3 Vacation of Street/Alley Rights -of -Way In Vicinity of 204 & 207 East "S Street 110 R/W Vac #3 -08, Petition #08 -08 DOC INDEX S R E E , C 27278 110 ;ITY of '; AKIIWM P(ANNINn 0J1/ Posting of notice on property October 16, 2008 Posting of notice m three public places October 23, 2008 Publishmg of notice m newspaper October 27, 2008 Mailing of notice to property owners within 500 feet: October 27, 2008 VI. Environmental Review. Street/alley vacations are categorically exempt from SEPA review in accordance with WAC 197- 11.- 800(2)(h) and Chapter 6 88 of the Yakima Municipal Code VII. Transportation Capacity Management Ordinance. This request is an exempt activity under the Transportation Capacity Management Ordinance VIII. Background. On September 3, 2008, the City Department of Community and Economic Development received this petition to vacate two portions of platted nghts -of- way Public records indicate that the nghts -of -way proposed for vacation were dedicated. to the City in 1907 by the Plat of Hines Subdivision and are located within that subdivision. The petition contains the requisite signatures of two - thirds of the abutting property owners since petitioners Dean and Peggy Owens own four of the five, or 80 percent, of the abutting parcels IX. Zoning and Land Use. The property on both sides of the portion of the East "S" Street nght -of -way to be vacated is zoned Light Industrial (M -1) There is a mobile home on the south side and a house on the north side. The property on the east side of the portion of the alley to be vacated within Hmes Subdivision is zoned Light Industrial (M -1) and the property on the west side outside of Hines Subdivision is zoned General. Commercial (GC) There is a house on the east side and vacant land on the west side Dean & Peggy Owens 4 Vacation of Street/Alley Rights -of -Way In Vicinity of 204 & 207 East "S" Street R/W Vac #3 -08, Petition #08 -08 DOC INDEX # AA -1 RECERIED DEC 2 6 2008 CITY OF YAKIMA, PLANNING DIV The properties abutting the nghts -of -way proposed for vacation have the following charactenstics Direction Zoning Land Use North Light Industnal (M -1) Residential South Light Industrial (M -1) Residential East Light Industnal (M -1) Residential West General Commercial (GC) Vacant X. Developme t Services Team. A Development Services Team meetmg was held on September 24, 2008 to discuss the possible impacts of approvmg the requested right - of-way vacation. The following comments were received. (1) Engineering: The applicant is asking to vacate an alley and a 100 -foot portion of East "S" Street. The existing utilities must be mamtained. If this vacation is allowed, adequate easements must be dedicated around all utilities for the maintenance of all utilities involved. No permanent structures will be allowed on or over such easements (2) Surface Water Engineer: There are no drainage requirements for vacation of the unimproved alley There are no requirements for the vacation of the street, but if it becomes pnvate property the owner of the land will be responsible for paying the City of Yakima Stormwater Assessment fee for the impervious surfaces (3) Traffic Engineer: There are no traffic- related comments for the proposed right -of -way vacation. (4) Wastewater: A recorded public utility easement must be in place pnor to vacation of the proposed right -of -way within the portion of East "S" Street. Wastewater must have access at all times to mamtain the public line No structures, fences and/or landscaping shall be allowed within the proposed public utility easement. (5) Water/Irrigation: There is an existing 12 -inch looped waterline and a fire hydrant in East "S" Street. There are existing water services to each of the lots on the north and south sides of East "S" Street in the area of the proposed vacations A minimum 16 -foot easement should be created and centered over all existing water facilities within the area of the right -of -way vacation. All water facilities should be field Dean & Peggy Owens 5 Vacation of Street/Alley Rights -of -Way In Vicinity of 204 & 207 East "S" Street • R/W Vac 43 -08, Petition #08 -08 DOC INDEX # AA - RECEIVED Ut ( 2 ?008 CITY OF `yAKImr, PLANNING Olt located/surveyed and shown on the site plan in relation to other existing utilities, existing nght -of -way lines and proposed easement lines. If existing water services will no longer be needed in the area of the vacation, the City will abandon them. M. Criteria for the Vacation of Street or Alley Right - of - Way. City policy provides the following criteria that are to be considered m determining the propnety and requisites of street or alley right -of -way vacations (1) Public Benefit and Reasons Supporting the Proposed Vacation and the Limits of the Proposed Vacation. The public benefit of the requested nght -of -way vacation would be to allow for the industrial development of the petitioners' property by connecting disjointed properties to create larger contiguous parcels The property will be placed on the tax rolls There will be no future City street or alley maintenance costs relative to the vacated property (2) Necessity for the Right -of -Way as Access to Property. The nghts -of -way involved in this request are not needed for access to any property because all abutting properties have access to a public street. The property to the south of East "S" Street (Assessor's tax parcel number 191307 - 33515) will have direct access by way of East "S" Street on the east and East "R" Street on the south. The parcels to the north of East "S" Street (Assessor's tax parcel numbers 191307 -33435 and 191307 - 33436) will be merged so that direct access to East "S" Street will be retained. (3) Consistency with the Six Year Transportation Improvement Plan, the Urban Area Comprehensive Plan and other Official City Plans and Policies. There Dean & Peggy Owens 6 Vacation of Street/Alley Rights -of -Way In Vicinity of 204 & 207 East "S" Street R/W Vac 43 -08, Petition #08 -08 DOC • INDEX # AA -1 RECEIVED, DEC 2 6 20n8 CITY Y OF d AK Mr. PLAN!! 3 I ;U are no plans for improvement of the subject rights -of -way m the City's Six Year Transportation Improvement Plan or m any of the City's other plans or policies 4. Consistency with Existing and Anticipated Development in the Area Based on Zoning, Current Use and Long -Range Plans. The requested right -of -way vacation will not adversely affect any existing or anticipated development in the area. It will mstead facihtate future development of the property Since the property was all dedicated m the Hines Subdivision, upon its vacation it should all be returned to those abutting parcels that are withm the Hines Subdivision. The following provision m RCW 35 79 212 relative to the vacation of a portion of a subdivision is analogous to this situation even though the subdivision itself is not here being vacated. "When the road or street that is to be vacated was contained wholly withm the subdivision and is part of the boundary of the subdivision, title to the vacated road or street shall vest with the owner or owners of property contained within the vacated subdivision." That would mean that the 13- foot -wide north/south alley right -of -way will upon vacation all become a part of Lot 7, Block 3, of Hines Subdivision east of that right -of -way (which is Assessor's tax parcel nurnber 191307 -33435 owned by the petitioners) rather than be divided equally between the property on the east and west sides of the alley right -of -way The west half of the alley will therefore not become a part of the parcel owned by the petitioner or the parcel owned by Mr Fay outside of Hines Subdivision which both abut the alley right -of -way on the west and which are both zoned General Commercial (GC). Since all of the parcels withal the Hines Subdivision that abut the rights -of -way to be vacated are zoned Light Industrial (M -1), all of the nghts -of -way to be vacated should also be zoned Light Industrial (M -1) Dean & Peggy Owens 7 Vacation of Street/Alley Rights -of -Way In Vicinity of 204 & 207 East "S" Street • R/W Vac #3 -08, Petition #08 -08 DOC INDEX # AA - "RECEIVE DEL 2 6 2008 SI CITY OF Y#i(ii iii . P ANNtNt` ON 5. Provisions for Relocation of Existing Utilities or Easements for Existing Utilities. An easement will be required over the south 38 feet of East "S" Street for maintenance of the 12 -inch waterline, the fire hydrant and the 8 -inch sanitary sewer line located there No existing public or private utilities are located within the north/south alley right -of -way area north of the portion of East "S" Street that is proposed for vacation. 6 Fair Market Appraisal and Compensation to the City. Compensation to the City is required under City Resolution #R- 2007 -126 because the City has improved a portion of East "S" Street proposed for vacation. Most of the portion of that street proposed for vacation has been paved, but there are no curbs, gutters, sidewalks or street lights there A fair market appraisal is not required because 110% of the assessed valuation is less than $20,000 Compensation is required m the amount of 55% of the $11,450 00 assessed valuation of the area proposed for vacation, which amounts to 110 $6,297 50 CONCLUSIONS Based on the above Findings, the Examiner reaches the following Conclusions (1) The Heanng Examiner has jurisdiction and authority by virtue of Subsection 143 080(H) of the Yakima Municipal Code to conduct open record public hearings regarding petitions and resolutions to vacate public street and alley nghts -of -way and to make recommendations to the City Council relative thereto (2) All pubhc notice requirements for vacation of a street or alley nght -of -way have been completed m accordance with applicable statutes and ordinances. Dean & Peggy Owens 8 Vacation of Street/Alley Rights -of -Way In Vicinity of 204 & 207 East "S" Street R/.W Vac #3 -08, Petition #08 -O8 DOG 411 INDEX # AA --1 RECEIVED '!+.'' 2008 CITY Y 0i Y AKiiVlii PI AAN!NG DIY (3) SEPA review was not required because street and alley right -of -way vacations are categoncally exempt from SEPA review (4) A traffic analysis report is not required for the requested nght -of -way vacation under the Transportation Capacity Management Ordinance (5) No properties will be denied access to the public street system as a result of this right -of -way vacation. (6) This request for public right -of -way vacation does not conflict with any planned street improvement projects or other City plans or projects. (7) The five criteria governing the approval of public street or alley right -of -way vacations have all been satisfied. (8) Compensation of $6,297 50 to the City is required in this situation by City Resolution R- 2007 -126 (9) Upon vacation the dechcated nghts -of -way should belong to the abutting parcels of property within Hines Subdivision which was the origin of the dedicated nghts -of -way and all the vacated rights -of -way should have the zoning of the abuttmg parcels within Hines Subdivision which is Light Industrial (M -1) RECOMMENDATION The Hearing Examiner recommends to the Yakima City Council that all that portion of East "S" Street lying northerly of Lots 5 and 6, Block 6, and southerly of Lots 7 and 8, Block 3, of Hines Subdivision and extended west to the west boundary of Hines Subdivision, as well as all of that portion of the 13- foot -wide alley right -of -way lying westerly of Lot 7, Block 3, of Hines Subdivision and northerly of the portion of East "S" Street being vacated, as described in R/W VAC #3 -08 and Petition #08 -08 SHOULD BE VACATED, subject to the following conditions (1) A 38- foot -wide easement for utilities over the south 38 feet of the portion of East "S" Street to be vacated shall be recorded pnor to the effective date of the vacation. Dean & Peggy Owens 9 Vacation of Street/Alley Rights -of -Way In Vicinity of 204 & 207 East "S" Street • R/W Vac #3 -08, Petition #08 -08 DOC INDEX AA -1 ti RECEIVED (lE .� 6 2 0 0 8 CITY OF mo PLARAP tmy No buildings shall be constructed over the easement and any relocation of the utilities will be at the developer's expense (2) Compensation m the amount of $6,297.50 shall be paid to the City prior to the effective date of the vacation. (3) Parcel numbers 191307 -33435 and 191307 -33436 shall be merged prior to the effective date of the vacation so that all lots will have direct access to a pubhc street. (4) Upon vacation the dedicated nghts -of -way will belong . to the abutting parcels of property withm Hines Subdivision which was the origin of the dedicated nghts -of- way The dedicated alley right -of -way will belong to Lot 7 Block 3, of Hines Subdivision east of that nght -of -way (which is Assessor's tax parcel number 191307- 33435 owned by the petitioners) The vacated nghts -of -way will all be zoned Light Industrial (M -1) which is the zoning of all the abutting parcels within Hines Subdivision. DATED this 26 day of December, 2008 6." (.4.,,a1 Gary 1 �uC illier, Hearing Examiner Dean & Peggy Owens 10 Vacation of StreetlAllev Rights -of -Way In Vicinity of 204 & 207 East "S" Street R/W Vac #3 -08, Petition #08 -08 DOC INDEX # AA —I BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT ITEM NO E 2 ( FOR MEETING OF February 24, 2009 ITEM TITLE An Ordinance relating to land use, vacating a certain portion of alley right —of- way identified as two portions of platted right -of -way in the vicinity of 207 East "S" Street SUBMITTED BY William Cook, Director of Community and Economic Development CONTACT PERSON / TELEPHONE Joseph Calhoun, Assistant Planner, 575 -6162 SUMMARY EXPLANATION On February 3, 2009 City Council approved the vacation requested by Dean Owens for two portions of platted a right -of -way more particularly described in Exhibit "A ", and further directed staff to prepare the Vacation Ordinance The Ordinance has been prepared and is herein submitted for your approval Resolution _ Ordinance X Contract _ Other (Specify) Funding Source N/A APPROVAL FOR SUBMITTAL."i/ Al"" , City Manager STAFF RECOMMENDATION Approve the ordinance of vacation BOARD RECOMMENDATION The City of Yakima Hearing Examiner recommended approval of this right -of -way vacation on December 26, 2008 COUNCIL ACTION