HomeMy WebLinkAbout2008-003 Right-of-Way Vacation, East R Street and North 3rd Street Return To:
Yakima City Clerk
129 North Second Street
Yakima, WA 98901
Document Title Ordinance No. 2008 -03
Street Right -of -Way Vacation /the entire portion of the undeveloped
platted alley right -of -way running north and south between East R Street
and East S Street, and a portion of the undeveloped platted nght -of -way
running east to west between two lots abutting the north and two lots
abutting the south right -of -way boundaries, to the west of North 3rd Street
Grantor City of Yakima
Grantee Dean Owens
ABBREVIATED LEGAL DESCRIPTION:
A portion of the 13 foot alley lying westerly of Lot 6, Block 2, Beckers Subdivision,
A portion of the 13 foot alley lying westerly of Lot 6, Block 6 of Hines Subdivision, and
A portion of the 20 foot alley lying north of Lots 5 and 6, Block 2 of Beckers Subdivision,
and south of Lots 5 and 6, Block 6 of Hines Subdivision.
PARCEL NUMBER: 181312- 44011, 191307 -33455 & 191307 -33407
1113111111111111111111 H11111111 7600327 l
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CITY,' OF ,YAKIMA PLANNING Oft $53, Yakima Co, WA
ORDINANCE NO 2008 - 03
AN ORDINANCE relating to land use, vacating two certain portions of street right -of -way
identified as undeveloped platted alley in the vicinity of East R Street and
North 3 Street; Bill Hordan, acting on behalf of Dean Owens, is the
applicant herein
WHEREAS, by application dated August 31, 2007, Dean Owens requested a vacation of
two portions of undeveloped platted City of Yakima right -of -way; the first running north and
south between East R Street and East S Street; the second running east to west in between two
lots abutting the north and two lots abutting the south right -of -way boundaries, to the west of
North 3 Street, 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 all
parcels abutting the property subject to this vacation application, and
WHEREAS, on November 8, 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 November 23, 2007 the Hearing Examiner issued Hearing Examiner's
Recommendation regarding UAZO R/W VAC #4 -07, (the "recommendation ") recommending
that the undeveloped platted alley right -of -way be vacated, said recommendation attached
hereto and incorporated herein by this reference as Exhibit "B ", and
WHEREAS, at an open- record public hearing held on January 8, 2008, 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, no compensation to the City is necessary for this right -of -way vacation
because the City has neither purchased, maintained nor improved the portion of the
undeveloped platted alley right -of -way proposed for vacation, 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 undeveloped platted alley right -of -way running
north and south between East R Street and East S Street, and a portion of undeveloped platted
:.Trtl .TI ii Cl r it
(jc)ord /Owens -R -O -W Vacation Z723002202 1111 111 IND III 111 2 o 12
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CITY;OF X YRKIMR PLANNING ; I. dRd , II $53,0@, Yakima Co, WA
right -of -way running east to west between two lots abutting the north and two lots abutting the
south right -of -way boundaries, to the west of North 3rd Street, 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 November 23, 2007
Hearing Examiner's Recommendation (UAZO R/W VAC #4 -07) 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.
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 page 7 of the
Hearing Examiner's Recommendation.
a. Upon vacation, title to the vacated rights -of -way shall be vested in the petitioner
who owns the property on both sides of said vacated rights -of -way; and,
b Upon vacation, the western half of the vacated north /south right -of -way shall be
zoned Central Business District Support (CBDS), while the remaining eastern half of the
vacated north /south right -of -way as well as the entire vacated east/west right -of -way shall be
zoned Light Industrial (M -1)
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 meeting and signed and approved this
5th day of February, 2008
A . > /
D avi. der, Mayor
ATTEST
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City Clerk
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Publication Date 2 -8 -08 .. r
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Effective Date 3 -9 -08
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(jc)ord /Owens -R -O -W Vacation 760327
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CITY i YAKIMA PLANNING' HI �I ORO (i' 53�, Yakima Co, WA
1
Exhibit " A "
Legal Description
That portion of the 13 foot alley lying westerly of Lot 6, Block 2 of Beckers Subdivision
according to the official plat thereof recorded in Volume "B" of Plats, page 3, records of
Yakima County, Washington, from the south boundary of said Lot 6 extended westerly to
the West boundary of said plat to the north boundary of said plat.
That portion of the 13 foot alley lying westerly of Lot 6, Block 6 of Hines Subdivision
according to the official plat thereof recorded in Volume "B" of Plats, page 32, records of
Yakima County, Washington, from the north boundary of said Lot 6, extended westerly
to the west boundary of said plat to the south boundary of said plat.
That portion of the 20 foot alley lying north of Lots 5 and 6, Block 2 of Beckers
Subdivision according to the official plat thereof recorded in Volume "B" of Plats, page
3, records of Yakima County, Washington, and south of Lots 5 and 6, Block 6 of Hines
Subdivision according to the official plat thereof recorded in Volume "B" of Plats, page
32, records of Yakima County, Washington
T? i M,1,, ;TIT l i lodt cir ourini 11 ?5T
111011110110011111011111111111111111 II 7600327
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CITY'OF YAKIMA PLRNNINC' ORn' !1$531 ,00' Yakima Co, WA
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Exhibit "B"
Hearing Examiner's Recommendation
Attached is the Heanng Examiner's Recommendation for the Dean Owens Right -of -Way
Vacation dated November 23, 2007 (File R/W Vac #4 -07)
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CI ?Y��OF i YAKIM,A PLANNING �i,; ' �; ORb 11 Yakima Co, WA
City of Yakima, Washington • tr.f.
Hearing Examiner's Recommendation � '''l ``r e,F
November 23, 2007
In the Matter of an Application for Vacation )
Of Public Rights - of-Way Submitted by ) UAZO R/W VAC # 4 -07
Petition # 07 -07
Dean Owens )
To Vacate Two Portions of Alley Rights -of- )
Way between East "R" & East "S" Streets )
And between North 2 & North 3rd Streets )
Introduction. The chronology of the hearing process relative to this request to
vacate two portions of public nghts -of way can be summanzed as follows
1) The Hearing Examiner conducted a hearing on November 8, 2007 --
Assistant Planner Joseph Calhoun presented his staff report favonng the requested
nght-of-way vacation. Bill Hordan of Hordan Planning Services also testified m
favor of the request on behalf of the petitioner /applicant, Dean Owens No one
testified or submitted wntten comments m opposition to the requested nght -of-
way vacation.
2) This public nght -of -way vacation recommendation has been submitted
within ten business days after the hearing.
Sumni.ary of Recommendation. The Hearing Examiner recommends that the
City Council approve Mr Owens' request to vacate certain public nghts -of -way
Basis for Recommendation. Based upon a view of the site without anyone
else present on November 7, 2007 the staff report, exhibits, testimony and
evidence presented at an open record public hearing on November 8, 2007, and a
Dean Owens 1
Vacation of Alley Rights -of -Way DOC
E "R" & "S"/N 3r & 4 Streets INDEX
R/W Vac #4 -07, Petition #07 -07
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1111 111 111111 1 111 7600327
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CITY;I;OE�YAKIRIA PLANNING 1'' 1 ,� t
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review of the Yakima Urban Area Comprehensive Plan, the Yakima Urban Area r ;
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
FINDINGS
I. Petitioner /Applicant/Property Owner. The petitioner /applicant/property
owner is Dean Owens, 707 North 1 Street, Yakima, Washington.
II. Representative of Petitioner /Applicant/Property Owner. Mr Owens'
representative is Bill Hordan of Hordan Planning Services, 410 North 2nd Street,
Yakima, Washington.
III. Location. The location of the rights-of-way involved in this request is
1) The first requested vacation area is a north/south 13- foot -wide alley
nght -of -way between East "R" Street on the south and East "S" Street on the north
and between North 2n Street on the west and North 3 Street on the east.
2) The location of the second requested vacation is an east/west 20 -foot-
wide alley nght -of way running east 100 feet from the north/south alley nght -of-
way
3) The first requested vacation area is on the east side of parcel number
181312 -44011 and on the west side of parcel numbers 181312 -33407 and 33455
4) The second requested vacation area is between parcel numbers 181312-
33407 on the south and 33455 on the north.
-
IV Legal Description. The legal descriptions of the nghts -of -way involved m
this request are
1) That portion of the 13 foot alley lying northerly of the southerly
boundary of Lot 6, Block 2 of Beckers Subdivision according to the official plat
Dean Owens 2
Vacation of Alley Rights -of -Way
E. "R" & "S "/N 3r & 4 Streets
R/W Vac #4 -07, Petition #07 -07 DO
INDEX
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111111101 111111 El 1111111 111 1111 101 s�ilT - iii ill I�' ,I Inc, I1'I%
7 2 2 80
02 60 g�19 218
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thereof recorded in Volume "B" of Plats, page 3, records of Yakima County
Washington, and lying southerly of the northerly boundary of Lot 6, Block 6 of
Hines Subdivision, according to the official plat thereof recorded m Volume "B"
of Plats, page 32, records of Yakima County, Washington.
2) That portion of the 20 foot alley lying north of Lots 5 and 6, Block 2 of
Beckers Subdivision according to the official plat thereof recorded m Volume "B"
of Plats, page 3, records of Yakima County, Washington, and south of Lots 5 and
6, Block 6, Hines Subdivision, according 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 November 8, 2007 as the date for the
public hearing regarding this request for vacation of rights -of -way by Resolution
No R- 2007 -138 on October 2, 2007 m accordance with RCW 35 79 010 Notice
of the hearing was given more than twenty days before the hearing m the manner
required by RCW 35 79 020 and was given m additional ways as follows
Publishing of notice in newspaper October 8, 2007
Mailing of notice to property owners October 9, 2007
Posting of notice on property October 10, 2007
Posting of notice m three public places October 10, 2007
VI Environme i.tal Review. Street 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 Bac round. On August 31, 2007 the City Department of Community
and Economic Development received this petition to vacate unimproved alley
rights -of -way Public records indicate that the nghts -of -way proposed for
Dean Owens 3
Vacation of Alley Rights -of -Way --
E. "R" & "S "/N 3 & 4 Streets p 0
R/W Vac #4 -07, Petition #07 -07 INDEX
# Aq -1 --
7600327
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CITY0�,OF YAKIMA PLANNING 14 I ORD' �i 133' 09! Yakima Co, WA
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vacation were dedicated to the City in 1906 by the Plat of Beckers Subdivision-and '' D!'
in 1907 by the Plat of Hines Subdivision. The petition contains the requisite
signatures of two - thirds of the abutting property owners since petitioner Dean
Owens owns all the abutting parcels
IX. Zoning and Land Use. The property on both sides of the north/south nght-
of -way is vacant and is zoned Central Business Distract Support (CBDS) on the
west side and Light Industnal (M -1) on the east side The property on both sides
of the east/west nght- of-way is also vacant and is zoned Light Industnal (M -1)
The properties beyond the property that is immediately adjacent to the nghts -of-
way have the following characteristics
Direction Zoning Land Use
North Light Industrial (M -1) Residential
South Two-Fanuly . Residential (R -2) Residential
East Light Industrial (M -1) Residential
West Central Business District Support (CBDS) Commercial
X. Development Services Team. A Development Services Team meeting was
held on August 22, 2007 to discuss the possible impacts of approving the
requested nght -of -way vacation. The DST comments included the following
observations
(i) Buildiig Permits /Codes Access to the east/west alley would still be
available from North 3r Street.
(i) Engmeenng Division There are no road improvements in the area of
the right -of -way vacation request.
(ii) Utility Services Only parcel number 191307 -33455 is currently
served by water and refuse service
(iv) Wastewater There are no concerns so long as the proposed vacation
does not impact sewer
Dean Owens 4
Vacation of Alley Rights -of -Way
E "R" & "S"/N 3 & 4 Streets
R/W Vac #4 -07, Petition #07 -07
I NDEX
# AA - I
1111 11111111 11111 11111 1111111 7 0; 6 172 3 8 9 0709 12 21A
CITY4F YAKIMA PLANNING II !�' !1 _ORD s' 463 68. Y Co, WA
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(v) Water /Imgation No water or imgation facilities exist within the -a11 Nt DIL'
nghts -of -way involved in this vacation request.
XI. Criteria for the Vacation of Street or Alley Right - of - Way. City policy
provides the following specific cntena to be considered in determining the
propnety and requisites of street or alley nght -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 development of the petitioner's property
without the need to observe building setbacks from the utumproved nghts -of -way
that are not needed for any public purpose The property will be placed on the tax
rolls and there will be no potential maintenance costs for the City in the future
The proposed vacation is limited to undeveloped alley nghts -of -way over the
petitioner's property that cannot be extended due to existing development and lack
of dedicated nghts -of -way on surrounding properties
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.
3 Consistency with the Six Year Transportation Improvement Plan,
the Urban Area Comprehensive Plan and other Official City Plans and
Policies. The subject nghts -of -way are currently undeveloped and are not
included in the City's Six Year Transportation Improvement Plan. There are no
plans for unprovement of the nghts -of -way m any of the City's 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 m
the area. It will mstead facilitate future development of the property The entire
Dean Owens 5
Vacation of Alley Rights -of -Way
E "R" & "S "/N 3 & 4 Streets
R/W Vac #4 -07, Petition #07 -07
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02/21/2008 09 2 1A
CITYJOF I YAKIMA PLANNING 1; I ORO ; , $53' 0a, Yakima Co, WA
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vacated public nght -of -way area will become a part of the petitioner's property by ' ` '
virtue of RCW 35 79 040 since the petitioner owns all the property abutting the
rights -of -way involved in this request. The requested vacation will also facilitate
development of the petitioner's property by eliminating the need to provide
structural setbacks from unimproved nghts -of -way that would otherwise remain
over the petitioner's property
5 Provisions for Relocation of Existing Utilities or Easements for
Existing Utilities. No existing public or pnvate utilities or other improvements
are located within the right -of -way areas proposed for vacation.
6. Fair Market Appraisal and Compensation to the City
Compensation to the City is not required under Subsection 1(C) of City Resolution
#R- 2007 -126 because the City has neither purchased, maintained nor made any
improvements to the nghts -of -way involved in tlus vacation request, and no
planned or anticipated pubhc purpose exists for maintaining these nghts -of -way
CONCLUSIONS
Based on the above Findings, the Examiner reaches the following Conclusions
1 The Hearing Examiner has junsdiction and authonty by virtue of
Subsection 1 43 080(H) of the Yakima Municipal Code to conduct open record
public heanngs regarding petitions and resolutions to vacate public street and alley
rights -of -way and to make recommendations to the City Council relative thereto
2 All public notice requirements for vacation of a street or alley nght -of -way
have been completed m accordance with applicable statutory and ordinance
requirements
3 SEPA review was not required because street and alley nght -of -way
vacations are categoncally exempt from SEPA review
4 A traffic analysis report is not required for the requested right -of -way
vacation under the Transportation Capacity Management Ordinance
Dean Owens 6
Vacation of Alley Rights -of -Way
E. "R" & "S "/N 3` & 4 Streets
R/W Vac #4 -07, Petition #07 -07 -
I1
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CITYj;OF YAKIMA PLANNING' I ORO �1 $53',00 Yakima Co, WA
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5 No properties will be denied access to the public street system as a resglf
this right -of -way vacation p pl1:41;-!:' n
6 This request for public nght -of -way vacation does not conflict with any
planned street improvement projects or other plans or projects of the City of
Yakima.
7 The five criteria govenung the approval of public street or alley nght -of-
way vacations have all been satisfied.
8 Fair market compensation to the City is not required in this situation by City
Resolution R- 2007 -126
9 The dedicated nghts -of -way will become a part of the petitioner's property
by virtue of RCW 35 79 040 because the petitioner owns the abutting property on
both sides of the nghts -of -way to be vacated.
RECOMMENDATION
The Hearing Examiner recommends to the Yakima City Council that the
north /south 13- foot -wide alley right -of -way between East "R" Street on the south
and East "S" Street on the north and between North 2n Street on the west and
North 3 Street on the east and the east/west 20- foot -wide alley nght -of way
running east 100 feet from the north/south alley right -of -way as descnbed in
Petition #07 -07 and R/W VAC 44 -07 SHOULD BE VACATED, subject to the
follow conditions
1) Upon vacation, title to the vacated rights -of -way shall be vested in the
petitioner who owns the property on both sides of said vacated rights -of -way, and
2) Upon vacation, the western half of the vacated north/south nght -of -way
shall be zoned Central Business District Support (CBDS), while the remaining
eastern half of the vacated north/south nght -of -way as well as the entire vacated•,
east/west nght -of -way shall be zoned Light Industrial (M -1)
DATED this 23` day of November, 2007
Gary M. Cuillier, Hearing Examiner
Dean Owens 7
Vacation of Alley Rights -of -Way
E. "R" & "S "M 3 & 4 Streets
R/W Vac #4 -07, Petition #07 -07
DDS
INDEX
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x 6003 2 01' 12
82121/2898 t 9 21A
CI?Y�,OF �YAKIMA' PLANNING' i pip - i' 1531 60 Yakima Coy WA
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
ITEM NO : i a.P
FOR MEETING OF: February 5, 2008
ITEM TITLE: An Ordinance relating to land use; vacating a certain portion of alley right —of-
way identified as two portions of undeveloped platted right -of -way in the
vicinity of East "R" Street and North 2nd Street.
SUBMITTED BY: William Cook, Director of Community and Economic Development
CONTACT PERSON / TELEPHONE: Doug Maples, Code Administration and Planning
Manager, 575 -6262
SUMMARY EXPLANATION:
On January 8, 2008 City Council approved the vacation requested by Dean Owens for two
portions of undeveloped platted alley 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 adoption.
Resolution _ Ordinance X Contract _ Other (Specify)
Funding Source N/A
APPROVAL FOR SUBMITTAL:
MIER �� ana e er
STAFF RECOMMENDATION: Adopt the ordinance of vacation.
BOARD RECOMMENDATION: The City of Yakima Hearing Examiner recommended approval
of this right -of -way vacation on November 23, 2007.
COUNCIL ACTION: