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Home My WebLink About2007-070 ROW Vacation of Platted North-South Alley Between 3rd and 4th Streets Behind the Capitol Theatre Build ,e Return To: Yakima City Clerk 129 North Second Street Yakima, WA 98901 Document Title Ordinance No. 2007 -70 (Capitol Theatre Alley Vacation) Grantor City of Yakima Grantee The Capitol Theatre Committee ABBREVIATED LEGAL DESCRIPTION: That certain alley right -of -way lying between Lots 13 through 16 and Lots 29 through 32, all m Block 71 of the City of North Yakima, now Yakima, as recorded in Volume "A" of plats, page 10, and recorded in Volume "E" of plats, page 1, records of Yakima County, Washington. PARCEL NUMBER: 191319 -24434 and 191319 -24437 ' �go£ 15 0'2/07 09 04A CITYiOF'Y { RKIMA PLANNING OD $56 00 Yakima Co, WR ORDINANCE NO 2007- 70 AN ORDINANCE relating to land use, vacating a certain portion of street right -of -way identified as a platted alley running north and south along several Tots located between 3 and 4 streets, behind the Capitol Theatre Building, and approving, with conditions, the recommendation of the Hearing Examiner for the City of Yakima regarding the same, the Capitol Theatre Committee being identified as the applicant herein WHEREAS, by application dated July 27, 2007, the Capitol Theatre Committee requested a vacation of a portion of platted City of Yakima right -of -way running north and south between four lots at 19 S 3 Street, abutting the west side of the alley (Lots 29 through 32) and four Tots at 314 E. Yakima Avenue, abutting the east side of the alley (Lots 13 through 16) 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, The Capitol Theatre Committee, the applicant/petitioner for this right -of -way vacation, owns one parcel abutting the property subject to this vacation application, and the City of Yakima owns the second parcel abutting the property subject to vacation, and WHEREAS, on September 27, 2007 the Hearing Examiner for the City of Yakima conducted an open- record public hearing regarding the requested right -of -way vacation, and WHEREAS, on October 11, 2007 the Hearing Examiner issued Hearing Examiner's Recommendation regarding UAZO R/W VAC #3 -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 December 4, 2007 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 (jc)ord/Capitol Theatre -R -O -W Vacation 111111 111 1111 11111 7598587 Page 2 of 15 e2/07/2008 09 04A Y CITKIMA, PLANNING, 1 ORa Iles, 00!i Yakima Co, WA WHEREAS, no compensation to the City is necessary for this right -of -way vacation because payment by the City to the City would be an unnecessary step serving no purpose, 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 A portion of the undeveloped platted alley right -of -way running north and south between four lots at 19 S 3` Street, abutting the west side of the alley (Lots 29 through 32) and four Tots at 314 E. Yakima Avenue, abutting the east side of the alley (Lots 13 through 16), 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 October 11, 2007 Hearing Examiner's Recommendation (UAZO R/W VAC #3 -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 the Capitol Theatre Committee's satisfaction of the following conditions, as stated on page 9 of the Hearing Examiner's Recommendation a. A twenty (20)- foot -wide utility easement for the use, maintenance and /or replacement of existing utilities within the vacated alley for sanitary sewer, irrigation, electricity, telephone and natural gas shall be reserved within this paved right -of -way in the ordinance granting the vacation and /or in the manner otherwise required by the City unless, in the alternative, the petitioners /applicants relocate the utilities currently in the alley at their expense to a different location with a different easement acceptable to the City b Upon vacation of the alley, the property within the limits so vacated shall belong to the abutting property owners, one -half to each in accordance with RCW 35 79 040, and shall be zoned Central Business District (CBD) 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 ;ii ,nI c« Ih +Pilunn,rn, ,, ,,, l }•, ., (jc)ord/Capitol Theatre -R -O-W Vacation 7 1111 1111 11111 111 11111 a 3 of 15 04A CITY,,Or PLANNING ii ORD l!'$;36 00 Yakima Co, WA 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 1 1 th day of December , 2007 // Ir David dier, Mayor ATTEST City Clerk Publication Date 12/14/2007 Effective Date 01/1 1 /2n08 4 1,Kl Mq''' SEAL NG''` 1111 (jc)ord /Capitol Theatre R O W Vacation 7598587 Page 4 of 15 02/07/2008 08 04A CITY i YAKIMA PLANNING, ,11 I ORIj ,,1 Yakima Co, WR Exhibit "A" Legal Description That certain alley nght of way lying between Lots 13 through 16 and Lots 29 through 32, all in Block 71 of the City of North Yakima, now Yakima, as recorded in Volume "A' of plats, page 10, and recorded in Volume "E" of plats, page 1, records of Yakima County, Washington. The tax parcel numbers abutting this portion of the alley are, 191319 -24434 (Lots 13 through 16 at 314 E Yakima Ave) and 191319 -24437 (Lots 29 through 32 at 19 S 3` Street) -- 717T ( 117 7 , !,, ,.,I ` rm 1+ T - - - -- - 111113 111111 111 1111 Pao 15 7 02: 8 2 5 0:809 04A CITY,10F YAKIMR PLANNING ORD I X56{ Yakima Co, WA Exhibit "B" Hearing Examiner's Recommendation Attached is the Hearing Examiner's recommendation for approval of the requested right - of -way vacation. The public heanng was held on September 13, 2007 The Heanng Examiner's recommendation for approval was rendered on September 27, 2007 11 110 1111111 101 11111111111 75987 Page 6 of 02107/2008 58 99 15 64A CITY Or ,YAKIMA ,PLANNING, ;!II, ! I ORO , 111 $;36, pal Yakima Co, WA 2007 ;11Y ui- YAKih"r<? PLANNING DIV City of Yakima, Washington Hearing Examiner's Recommendation October 11, 2007 In the Matter of an Application for Vacation ) Of an Alley Right -of -Way Submitted by ) UAZO R/W VAC # 3 -07 ) Capitol Theatre Committee ) And the City of Yakima ) ) To Vacate a 20 -Foot -Wide Alley Right- ) Of -Way East of the Capitoll Theatre ) Introduction. The Hearing Examiner conducted a public hearing on September 27, 2007, and has issued this recommendation within ten business days thereof. The staff report presented by Assistant Planner Joseph Calhoun recommended approval of this request to vacate the alley east of the Capitol Theatre The CEO of the Capitol Theatre Committee, Steve Caffery, testified in favor of this alley right -of -way vacation request and indicated that the Committee is working with the City to coordinate improvements with the existing utilities in the alley No testimony or other evidence was presented in opposition to the requested alley vacation. Summary of Recommendation. The Hearing Examiner recommends approval of this application /petition for vacation of the 20- foot -wide paved alley east of the Capitol Theatre subject to conditions relative to an easement for utilities Capitol Theatre Committee 1 Vacation of Alley Right -of -Way East of Capitol Theatre UAZO R/W Vac #3 -07 DOC INDEX # A A r �rrn Tr, utnn ..11 101E110 11 11411 7598587 Page 7 of 15 02/07/2008 09 04A CITY, OF ,YAKIMA PLANNING, »i', i ORO i; $58 80, Yakima Co, WA Basis for Recommendation. Based upon a view of the site without anyone else present on September 26, 2007, the staff report, exhibits, testimony and evidence presented at an open record public hearing on September 27, 2007, 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 - FINDINGS Applicants /Petitioners. The applicants /petitioners are Steve Caffery as CEO of the Capitol Theatre Committee, 402 East Yakima Avenue, Yakima, Washington. and Dick Zais as City Manager of the City of Yakima, 129 North Second Street. Yakima, Washington Applicants /petitioners own the property on both sides of the alley Location. The location of the right -of -way sought to be vacated is the paved platted alley running north and south on the east side of the Capitol Theatre at 19 South 3 Street in the City of Yakima. Legal Description. The area sought to be vacated can be described as the 20- foot -wide alley between Lots 13 through 16 on the east and Lots 29 through 32 on the west which are all located within Block 71 of the Plat of the Town of North Yakima, now Yakima, as recorded in Volume "A" of Plats, page 10 and as recorded in Volume "E" of Plats, page 1 records of Yakima County Washington Lots 13 through 16 utilized for parking are within parcel number 191319 -24434 Capitol Theatre Committee 2 Vacation of Alley Right-of-Wav East of Capitol Theatre UAZO R/W Vac #3 -07 DOC INDEX illt .I. I i i. r [1 7598587 Page 8 of 15 02107/2008 09 04A CITYI I YAKIMA PLANNING :1 ORD ;'6 00 Yakima Co, WA Lots 29 through 32 utilized for the Capitol Theatre are parcel number 191319- 24437 Application /Petition. This vacation application/petition was submitted to the City's Department of Community and Economic Development on July 27, 2007 It requests the vacation of the platted paved alley right -of -way located east of the Capitol Theatre The application indicates that the alley vacation would allow for the contiguous expansion of the Capitol Theatre to the east for a new production facility including a loading dock for stage set construction, space for wardrobe, dressing and restroom facilities adjacent to the stage and an outdoor stage for productions dunng the summer The expansion would relocate some overhead utility lines to underground conduit Notices. By Resolution #R- 2007 -120 the Yakima City Council set September 27, 2007 as the date for a public hearing regarding this request for vacation of alley right -of -way Notices were given more than twenty days before the hearing. Notice of the hearing was posted in a conspicuous place on the right -of -way to be vacated, was also posted in three public places and was also mailed to all owners abutting the alley right -of -way to be vacated as required by RCW 35 79 020 Notice was given to others in addition to the minimum legal requireinents because it was also mailed to the property owners within 500 feet of the proposed vacation Notices of the hearing were given in the following manners on the following dates Posting of notice on property (Land Use Action Sign) July 26, 2007 Posting of notice in three public places August 30, 2007 Mailing of notice to property owners w/i 500 feet September 4, 2007 Publishing of notice in Yakima Herald - Republic September 4, 2007 Capitol Theatre Committee 3 Vacation of Alley Right -of -Way East of Capitol Theatre UAZO R/W Vac #3 -07 DOC INDEX Q A - t ' Tirr ` iii l:.` i I 'r I'.' T r o,r 11111101101111111101 111 111111 7598587 Page 9 of 15 02/07/2008 09 04R CITY CP 1 , YAKIMA PLANNING i I �± ORO , f56� 00; Yakima Co, WA No letters or other comments were received in response to the public notices Environmental Review. Alley vacations are categoncally exempt from SEPA review in accordance with WAC 197- 11- 800(2)(h) and Chapter 6 88 of the Yakima Municipal Code "Transportation Capacity Management Ordinance. A traffic study is not required for this alley right -of -way vacation. Background. This alley was onginally dedicated to the City by the Plat of the Town of North Yakima, now Yakima, on February 29, 1885 The alley has been ban since 2002 for the security of the federal courthouse south of the Capitol Theatre in response to the events of September 11, 2001 The City currently has no future plans for further development of this right -of -way There is another alleyway that runs east and west through this block north of the Capitol Theatre There is no dedication of public right -of -way north of that to extend this alley north through to Yakima Avenue The petition has been signed by the owner of more than two- thirds of the property abutting the portion of the alley involved in this request as required by Section 39 79 020 of the Revised Code of Washington The U S General Services Administration has petitioned for vacation of the alley east of the federal courthouse to the south of the Capitol Theatre for secunty reasons which was also recommended for approval by the City Council Zoning and Land Use. Properties adjacent to the alley have the following charactenstics Capitol Theatre Committee 4 Vacation of Alle\ Right- of -Wa∎- East of Capitol Theatre UAZO R/W Vac 43 -07 DOC INDEX ' _AL p l y, i !• t�ii 11 MHO 11111111 7598587 Page 10 of 15 02107/2008 09 04A ' CITY, ,OF I Y,AKIMR, PLANNING I ;I ORO i, 06 09 Yakima Co, WA Direction Zoning Land Use North Central Business District (CBD) Commercial South Central Business District (CBD) Parking/Government East Central Business Distract (CBD) Parking/Commercial West Central Business District (CBD) Cultural Development Services Team. A Development Services Team meeting held on August 22, 2007 to discuss the possible impacts of approval of the alley right -of- way vacation resulted in the following comments (i) Utilities The utilities located in the alley include an existing natural gas main and power and telephone lines A utility easement will have to be reserved for those utilities whether they remain at their current location or are moved. (ii) Wastewater Division There is an existing sewer line within the alley proposed for vacation which will also require a utility easement to be reserved m connection with this vacation. (in) Building Permits /Codes Structures will not be allowed to encroach over the easement Any future development requires plan review, permit(s) and inspections before occupancy (iv) City Engineer Any right -of -way vacation will require the sanitary sewer to be provided for as required by the City (v) Traffic Engineering Transportation Concurrency Review will not be required. Criteria for the Vacation of Alley Right -of -Way. City policy provides the following specific criteria to be considered in determining the propriety 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 proposed vacation would allow the contiguous expansion of the Capitol Theatre to the east for a needed production facility and loading dock. Capitol Theatre Committee 5 Vacation of Alley Right -of -Way East of Capitol Theatre UAZO R/W Vac 43 -07 UGC INDEX 4 A_ , -1111 "Sllf T'. i ti" r i'tt - Hi lilt 11E01 111111 7598587 Page 11 of 15 02/07/2008 09 04R CITY 'OF YRKIMA PLANNING'' ' ORO i '156 Yakima Co, WA 2. Necessity for the Right -of -Way as Access to Property Approval of the request would not eliminate the sole means of access to any parcel of property All parcels on Block 71 have access either by way of South 3 Street, South 4 Street, East Yakima Avenue or East Chestnut Avenue 3 Consistency with the Six Year Transportation Improvement Plan, the Urban Area Comprehensive Plan and other Official City Plans and Policies. The current Transportation Improvement Plan does not indicate any future plans for improvements to this alley right -of -way Since the proposed alley vacation would allow for improvements to the Capitol Theatre for the benefit of the public, the vacation would be consistent with the Comprehensive Plan's CBD Core Commercial designation and its related policies for surrounding properties such as. for example Objective L3 which is to maintain the Central Business District as a vital and primary business area and Policy L3 3 which is to strive to make the downtown a safe, comfortable, clean and convenient place 4 Consistency with Existing and Anticipated Development in the Area Based on Zoning, Current Use and Long -Range Plans. Although alley rights - of -way are not zoned, upon their vacation they are zoned the same as the contiguous property, in this case the Central Business District (CBD) zoning district. The use of the vacated alley for expansion of the Capitol Theatre would be consistent with that zoning classification which permits the Capitol Theatre as a Class (1) permitted land use It would also be consistent with current uses and long -range plans that encourage infill and as noted in the previous section. The consequence of the alley vacation is set forth in RCW 35 79 040 as follows "35.79 040 Title to vacated street or alley If any street or alley in any city or town is vacated by the city or town council, the property within the limits so vacated shall belong to the abutting property owners, one -half to each " Capitol Theatre Committee 6 Vacation of ANN Right- of -Way East of Capitol Theatre `7OC UAZO R/W Vac #3 -07 INDEX AA -� 1 1 0 111 11' In ,. •I 1 tI 1111 111 11 11 0101 01 7598587 Page 12 of 15 02/07/2006 09 04R CITY■i YAKIMA PLANNING I ORO 11, $56 00 Yakima Co, WA 5. Provisions for Relocation of Existing Utilities or Easements for Existing Utilities. Utilities currently located in the alley include an eight -inch public sewer line, a Pacific Power electricity line, a telephone line and a Cascade Natural Gas line Depending upon the details of the plans for expansion of the Capitol Theatre, the existing utilities currently in the alley will either remain in their current location or will be relocated at the developer's expense in the manner approved by the City with a new easement for their new location In either event, language reserving an easement for the continued use, maintenance and/or replacement of existing utilities in their current or their new location will need to be retained within the ordinance granting the vacation and/or in the manner otherwise prescribed by the City The City Engineer prefers that easements for utilities be twenty feet wide and applicants /petitioners will satisfy requirements 6. Fair Market Appraisal and Compensation to the City Compensation to the City is not necessary under City Resolution R- 2007 -126 because the abutting property is owned by the City and the managing entity of City-owned property, the Capitol Theatre Committee Although Subsection 1(D) of the Resolution specifically exempts only the State of Washington, Yakima County and the School District from payment of compensation, it would be an unnecessary step serving no purpose for the City to pay itself for the alley CONCLUSIONS 1 The Hearing Examiner has Junsdiction by virtue of Subsection 1 43 080(H) of the Yakima Municipal Code to conduct open record public hearings regarding petitions and resolutions to vacate streets, alleys and public rights -of -way and to make recommendations to the City Council relative thereto Capitol Theatre Committee 7 Vacation of Alley Right -of -Way East of Capitol Theatre DOC UAZO R/W Vac #3 -07 INDEX 11111111111111111 lilt I 1111 7598587 Page 13 of 15 02/07/2008 09 04A CITY,,OF ,YAKIMA PLANNING, ; !1 ORD 1 )'458' 00 Yakima Co, WA 2 The petition for vacation was signed by the owners of at least two - thirds of the property abutting the portion of the alley sought to be vacated. 3 Public notice requirements for an alley vacation have been completed m accordance with applicable statutory and ordinance requirements 4 SEPA review was not required because street right -of -way vacations are categorically exempt from SEPA review 5 A traffic analysis report was not required for this vacation. 6 No properties will be denied access to the public street system as a result of this vacation 7 This request for vacation does not conflict with any planned street improvement projects or other plans or projects of the City of Yakima. 8 The first five criteria governing the approval of right -of -way vacations have all been satisfied. 9 The sixth requirement governing the approval of right -of -way vacations has been satisfied because fair market compensation to the City is not required in this situation by City Resolution R- 2007 -126 where payment by the City to the City would be an unnecessary step serving no purpose 10 State law in RCW 35 79 040 provides that the property within the portion of the alley to be vacated shall belong to the owners of the lots abutting each side of the vacated area, one -half to the owners on each side of the vacated area. RECOMMENDATION The Hearmg Examiner recommends to the Yakima City Council that all that portion of the 20- foot -wide alley east of the Capitol Theatre between Lots 13 through 16 and Lots 29 through 32 within Block 71 of the Plat of the Town of North Yakima. now Yakima. according to the official plat thereof recorded in Capitol Theatre Committee 8 Vacation of Alley Right- of -Way East of Capitol Theatre UAZO RAV Vac #3 -07 DOC INDEX # Aq - r 110 111011 101 7598587 Page 14 of 15 02/07/2008 09 04R CITY, OF ,YRKIMA PLANNING 1 '1, 11' ORD , ..;' ' i 6 00 Yakima Co, WA t - - Volume "A" of Plats, page 10 and recorded in Volume "E" of Plats, page 1, records of Yakima County, Washington, as described by the application /petition designated UAZO R/W VAC #3 -07, SHOULD BE VACATED subject to the following conditions which shall be satisfied by the applicants /petitioners in the manner prescribed by the City 1) A twenty (20)- foot -wide utility easement for the use, maintenance and/or replacement of existing utilities within the vacated alley for sanitary sewer, irrigation, electricity, telephone and natural gas shall be reserved within this paved right -of -way in the ordinance granting the vacation and/or in the manner otherwise required by the City unless, in the alternative, the petitioners /applicants relocate the utilities currently in the alley at the their expense to a different location with a different easement acceptable to the City 2) Upon vacation of the alley, the property within the limits so vacated shall belong to the abutting property owners, one -half to each in accordance with RCW 35 79 040, and shall be zoned Central Business District (CBD) DATED this 1 1 day of October, 2007 Gary M. Cuillier, Hearing Examiner Capitol Theatre Committee 9 Vacation of Alley Right -of -Wad East of Capitol Theatre UAZO R/W Vac #3 -07 DOC INDEX # 4 ._.� ;1111 1 - " ! iln , X11,1 I VI - 1111111111111111111 DI I 011 0 IMO 7598587 Page 15 of 15 02/07/2008 09 04A CITY,,OF YAKIMA PLANNING !I p $16' Yakima Co, WA 1 9 0 od,010) ,, C 1 [,. r- ' ['• ,[ T - i `r[ ,1 [ I H is T U Hr.Itg I MA COUNT i- _ANN !NG 3 T CHND I: Nt 7 78SH 7 •=3 t ;._ IS , 19 04c )0C ( JRC 0: D I OAK_ )1 NT FEE 1- T OTP.L DEFERRE FEE - --- 7 .1.1TPL ..,- COFTING FEE -- 1 1 .LLF IF 1 05( )r 0) i MO --° ..- YAKIMA, WASHINGTON AGENDA STATEMENT ITEM NO . ZS FOR MEETING OF December 11, 2007 ITEM TITLE An Ordinance relating to land use, vacating a certain portion of street right — of-way identified as a portion of alley right -of -way that runs north and south located between 3rd and 4 Streets, behind the Capitol Theatre Building 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 December 4, 2007 City Council approved the vacation requested by the Capitol Theatre Committee of a portion of platted alley right -of -way running north and south between 3rd and 4 Streets, behind the Capitol Theatre Building, 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. City Manager STAFF RECOMMENDATION Adopt the ordinance vacating all that portion of platted alley running north and south behind the Capitol Theatre Building BOARD RECOMMENDATION The City of Yakima Hearing Examiner recommended approval of this right -of -way vacation on October 11, 2007 COUNCIL ACTION Pass Ordinance