HomeMy WebLinkAbout2007-059 Right-of-Way Vacation Alley Behind 25 South Third Street, North of Chestnut Avenue Return To
Yakima City Clerk
129 North Second Street
Yakima, WA 98901
Document Title Ordinance No. 2007 -59
Alley Vacation / behind 25 South Third Street; north of Chestnut Avenue
Grantor City of Yakima
Grantee General Services Administration (William 0 Douglas Federal Courthouse)
LEGAL DESCRIPTION
All that portion of the dedicated alley lying between Lots 17 through 22 and Lots 23 through
28 all located in Block 71 of the Plat of The Town of North Yakima, now Yakima, as
recorded in Volume `E' of Plats, Page 1 records of Yakima County, Washington
PARCEL NUMBERS: 191319- 24436, 191319 - 24498, and 191319 -24434
7597994
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CITY OF {YAKIMA PLANNING, i ; ORO $57 1 ,00 1 ' Yakima Co, WA
ORDINANCE NO 2007 -59
AN ORDINANCE relating to land use, vacating a portion of street right -of -way adjacent to
parcels 191319 - 24436, 191319 - 24498, and 191319 -24434 in the Central
Business District located just north of Chestnut Avenue between 3rd &
4th Streets behind the William 0 Douglas Federal Courthouse
WHEREAS, by application dated July 5, 2007, the United States General Services
Administration requested a vacation of a paved platted City of Yakima right -of -way running north
and south Tying north of Chestnut Avenue between 3rd & 4th Streets and abutting Lots 17
through 22 and Lots 23 through 28, 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 or use of this paved
platted right -of -way; and
WHEREAS, the United States General Services Administration, the applicant/petitioner
for this right -of -way vacation, owns eleven of the twelve lots abutting the property subject to this
vacation application, and
WHEREAS, on September 13, 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 September 27, 2007, the Hearing Examiner issued Hearing Examiner's
Recommendation regarding UAZO RNV VAC #1 -07, (the "recommendation ") recommending
that a portion of 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 a closed- record public hearing held on November 6, 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/GSA - R -O -W Vacation 1
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WHEREAS, no compensation to the City is necessary for this right -of -way vacation,
because federal law under 40 U S C Section 3312 exempts the federal govemment from
paying compensation for streets or alleys transferred to the federal government unless there will
be a need to replace them There will here be no need to replace the alley 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 A paved platted City of Yakima right -of -way running north and south Tying
north of Chestnut Avenue between 3rd & 4th Streets and abutting Lots 17 through 22 and Lots
23 through 28, 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 September 27, 2007,
Hearing Examiner's Recommendation (UAZO R/W VAC #1 -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 United States General Services Administration's satisfaction of the following
condition, as stated on page 6 of the Hearing Examiner's Recommendation
a. The City of Yakima shall reserve a twenty (20') foot wide utility easement the
length of the alley portion to be vacated for the City of Yakima (sewer), Pacific
Power (electricity), and Cascade Natural Gas (natural gas) unless, in the
alternative, the petitioner relocates the utilities currently in the alley at the
petitioner's expense.
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.
(jc)ord /GSA - R -O -W Vacation 2
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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
20th day of November, 2007
avid Edler, Mayor
ATTEST
/
City Clerk
Publication Date 11 -23 -07
Effective Date 12 -23 -07
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CIT? 1 bF, YAKIMA PLANNING, ORO i St?' 00,� Yakima Co, WA
Exhibit A
"all that portion of the dedicated alley lying between Lots 17 through 22 and Lots 23 through 28
all located in Block 71 of the Plat of The Town of North Yakima, now Yakima, as recorded in
Volume 'E' of Plats, Page 1 records of Yakima County, Washington"
(jc)ord/GSA - R -O -W Vacation 4
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CITYIOF YAKIMA PLANN ORD $57 001I Yakima Co, WA
EXHIBIT `B' RECEIVED
SEP 2 7 2007
City of Yakima, Washington CITY OF YAKIMA
Hearing Examiner's Recommendation PLANNING DIV
September 27, 2007
In the Matter of an Application for Vacation) -
Of an Alley Right -of -Way Submitted by. ) UAZO R/W VAC # 1 -07
)
U.S. General Services Administration )
)
To Vacate Alley Right -of -Way East of the )
William O. Douglas Federal Courthouse )
Introduction. The Hearing Examiner conducted a public hearing on September
13, 2007, and has issued this recommendation within ten business days thereof.
The staff report presented by Assistant Planner Kevin Futrell recommended
approval of this request to vacate a portion of an alley A Portfoho Management
representative for the apphcant/pehtioner, Dee Jump, testified about the exemption
from compensation apphcable to this alley nght -of -way vacation request and
testified m favor of approval of this right -of -way vacation request. The CEO of
the Capitol Theatre Committee, Steve Caffery, also spoke in favor of this right -of-
way vacation request and indicated that a similar request is scheduled for hearing
regarding the alley right -of -way east of the Capitol Theatre which is immediately
to the north of the alley right -of -way mvolved m this request. No testunony or
other evidence was presented in opposition to the request.
Summary of Recommendation. The Hearing Examiner recommends approval
of this apphcationlpetition for vacation of the platted 20- foot -wide paved alley
General Services Administration 1
Vacation of Alley Right -of -Way
East of Federal Courthouse OOC
UAZO R/W Vac #1 -07
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east of the William 0 Douglas Federal Courthouse subject to a condition relative
to easements for utilities
Basis for Recommendation. Based upon a view of the site without anyone else
present on September 8, 2007, the staff report, exhibits, testimony and evidence
presented at an open record public hearing on September 13, 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
Applicant/Petitioner. The applicant/petitioner is the Umted States General
Services Administration, 400 15 Street SW, Auburn, Washington 98001
Location. The Location of the proposed vacation of right -of -way is the portion of
the paved platted alley running north and south on the east side of the William 0
Douglas Federal Courthouse at 25 South 3rd Street m the City of Yakima.
Legal Description. The area sought to be vacated can be described as the 20-
foot- wide alley between Lots 17 through 22 on the east and Lots 23 through 28 on
the west which are all located within Block 71 of the Plat of the Town of North
Yakima, now Yakima, as recorded m Volume "E" of Plats, page 1, records of
Yakima County, Washington. Lot 17 owned by the Capitol Theatre Group is the
south 25 feet of parcel number 191319 -24434 Lots 18 through 22 owned by the
General Services Admuustration 2
Vacation of Alley Right -of -Way
East of Federal Courthouse
UAZO R/W Vac #1
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U S General Services Administration (U S GSA) east of the alley are utilized as a
parking lot and are parcel number 191319 -24498 Lots 23 through 28 owned by
the U S GSA are utilized for the William 0 Douglas Federal Courthouse (federal
courthouse) and are parcel number 191319 -24436
Application/Petition. This vacation apphcation/petition was submitted to the
City's Department of Commumty and Economic Development on July 5, 2007 It
requests the vacation of the platted paved alley nght -of -way located east of the
federal courthouse m order to comply with federal government secunty review
findings to the effect that the federal courthouse should be secured from vehicle
attacks by blocking or restricting access to the alley
Notices. By Resolution #R -2007 -115 adopted on August 7, 2007, the Yakima
City Council set September 13, 2007 as the date for a public hearing regarding this
request for vacation of alley nght -of -way Notices were given more than twenty
days before the hearing. Notice of the hearing was posted m a conspicuous place
on the nght -of -way to be vacated, was also posted m three pubhc places and was
also mailed to all owners abutting the alley nght -of -way to be vacated as required
by RCW 35 79 020 Notice was given to others m addition to the minimum legal
requirements because it was also mailed to the property owners within 500 feet of
the proposed vacation. Notices of the hearing were given m the followmg
manners on the followmg dates
Posting of notice on property (Land Use Action Sign) July 26, 2007
Posting of notice m three pubhc places August 13, 2007
Mailing of notice to property owners w/i 500 feet: August 13, 2007
Publishing of notice in newspaper August 13, 2007
General Services Administration 3
Vacation of Alley Right -of -Way
East of Federal Courthouse DOC
UAZO R/W Vac #1 -07 INDEX
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Ni letters, e -mails or other comments were received m response to the public
notice. One neighbonng property owner contacted the Planning Division for
details as to the exact location of the requested vacation, but did not provide
additional comment after the information was provided.
Environmental Review. Alley vacations are categorically exempt from SEPA
review m 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 nght -of -way vacation.
Background. This alley was ongmally dedicated to the City by the Plat of the
Town of North Yakima on February 29, 1885 The alley has been barricaded
smce 2002 m response to the events of September 11, 2001 The City currently
has no future plans for further development of this nght -of -way There is another
alleyway that runs east and west through this block north of the Capitol Theatre.
The petition has been signed by the owner of more than two - thirds of the property
abutting the portion of the alley mvolved m this request as required by Section
39 79 020 of the Revised Code of Washington. The apphcant/petittoner owns all
of the abutting 12 lots except for one which is owned by the Capitol Theatre
Although the Capitol Theatre did not join m this apphcatton/petition, a similar
apphcation/petition is pending for the remainder of the alley east of the Capitol
Theatre and the CEO of the Capital Theatre Committee testified m support. of this
request.
General Services Administration 4
Vacation of Alley Right -of -Way
East of Federal Courthouse DOC
UAZO R/W Vac #1 -07
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Zoning and Land Use. Properties adjacent to the alley have the following
charactenstics
Direction Zoning Land Use
North Central Busmess District (CBD) Cultural/Commercial
South Central Busmess District (CBD) Government/Commercial
East Central Busmess District (CBD) Government (Parking)
West Central Busmess Distract (CBD) Government (Courthouse)
Development Services Team. A Development Services Team meetmg held on
August 15, 2007 to discuss the possible impacts of approval of the alley nght -of-
way vacation resulted m the following comments
(i) Utilities The utilities located m the alley include power, natural gas and
telephone m the area and a utility easement will have to be reserved for those
utilities. No water meters are located in the alley
(ii) Wastewater Division. There is an existing eight -inch sewer lute within
the alley proposed for vacation which will also require a utility easement to be
reserved in connection with this vacation.
(ui) City Engineer Any nght -of -way vacation will require the
establishment of utility easements with a minimum width of twenty feet for all
utility mains (such as water, sewer, dramage and public irrigation should they
exist) m order to allow adequate width for excavation of the mams.
(iv) Traffic Engmeermg: If the U S GSA plans to mstall a fence or other
permanent barricade around the area for secunty purposes, the driveway to the
alley should be re- poured with barrier curb as a matter of general public safety
Transportation Concurrency Review will likely be required upon any future
development.
Criteria for the Vacation of Alley Right - of - Way. City policy provides the
following specific cntena 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 proposed vacation would allow the
General Services Administration 5
Vacation of Alley Right -of -Way
East of Federal Courthouse DOC
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federal government to secure the alley behind the federal courthouse as a matter of
national secunty by blockmg or restnctmg the alley to comply with federal
secunty review findings.
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. The Capitol Theatre north
of the federal courthouse has access off of South 3` Street and has a request
pending for vacation of the north/south alley to the north of this proposed alley
vacation. The Grand Hotel LLC, Peoples National Bank of Washington., Mills
Yakuna Properties LLC and Capital Theatre all own property to the north of this
portion of the alley and have access by way of the east/west alley north of this
north/south alley or from other streets Vacation of this alley would not affect the
access to other properties within Block 71
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 nght -of -way Since the proposed
vacation would make the federal courthouse safer for use of the public, the
vacation would be consistent with the Comprehensive Plan's CBD Core
Commercial designation and its related policies for surrounding properties The
requested vacation would not increase the level of service required to support any
increase m volume on nearby roadways or transit systems.
General Services Administration 6
Vacation of Alley Right -of -Way
East of Federal Courthouse
UAZO R/W Vac #1-07 DOC
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4. Consistency with Existing and Anticipated Development in the Area
Based on Zoning, Current Use and Long -Range Plans. Although alley nghts-
of -way are not zoned, upon their vacation they are zoned the same as the
contiguous property, m this case the Central Business District (CBD) zoning
distnct. The use of the vacated alley would be consistent with that zomng
classification, with the current uses m the area and with long range plans that
strive to make the downtown safer (Pohcy L3 3) and to provide adequate off - street
parking if the alley is used for additional parkmg for federal courthouse
employees, staff and judges as would be allowed by RCW 35 79 040
"35.79.040 Title to vacated street or alley. If any street or alley m 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."
5. Provisions for Relocation of Existing Utilities or Easements for
Existing Utilities. Utihties currently located m the alley include an eight -inch
public sewer hne, an aboveground Pacific Power lme, an underground telephone
line and a Cascade Natural Gas hne. The existing utilities currently m the alley
will remam m their current location and language reservmg an easement for their
contmued use, maintenance and/or replacement will need to be retained within the
ordmance granting the vacation and/or m the manner otherwise prescribed by the
City
6. Fair Market Appraisal and Compensation to the City.
Compensation to the City is not necessary under City Resolution No D -5630 or
R -2007 -126 because the U S GSA has provided the City sufficient documentation
and court case authonties to satisfy the City's legal department that federal law
under 40 USC 3312 exempts the federal government from paymg compensation
General Services Administration 7
Vacation of Alley Right -of -Way
East of Federal Courthouse
UAZO R/W Vac #1 -07 DOC
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for streets or alleys transferred to the federal government unless there will be a
need to replace them. There will here be no need to replace the alley proposed for
vacation.
CONCLUSI ®NS
1 The Hearing Exammer has junsdiction by virtue of Subsection 1 43 080(H)
of the Yakima Municipal Code to conduct open record pubhc hearings regardmg
petitions and resolutions to vacate streets, alleys and pubhc nghts -of -way and to
make recommendations to the City Council relative thereto
2 The petition for vacation of the alley east of the federal courthouse was
signed by the owners of more than two -thuds of the property abuttmg this portion
of the alley and the owner of the one lot that did not sign the petition testified m
favor of the petition at the hearing.
3 Pubhc notice requirements for an alley vacation have been completed in
accordance with apphcable statutory and ordinance requirements
4 SEPA review was not required because street nght -of -way vacations are
categoncally exempt from SEPA review
5 A traffic analysis report was not required for this vacation.
6 No properties will be demed access to the pubhc street system as a result of
this vacation.
General Services Adrrumstration 8
Vacation of Alley Right -of -Way
East of Federal Courthouse
DOC
UAZO R/W Vac #1 - 07
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CITY:OP YAKIMR PLANNING' 001 i67 A0 Yakima Co, WA
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 cntena governing the approval of nght -of -way vacations have
all been satisfied.
9 Fair market compensation to the City is not required m this situation by City
Resolution No D -5630 or R- 2007 -126 because of federal law m 40 USC 3312 and
court cases construing same.
10 State law m 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. In
this situation, the east half of the alley area located between Lot 28 on the west
and Lot 17 on the east will therefore become part of the Capitol Theatre's
adjoining Lot 17 upon approval of this right -of -way vacation.
RECOMMENDATION
The Heanng Examiner recommends to the Yakima City Council that all that
portion of the 20- foot -wide alley within Block 71 of the Plat of the Town of North
Yakima, now Yakima, according to the official plat thereof recorded m Volume
"E" of Plats, page 1, records of Yakima County, Washington, as described by the
apphcation/petihon designated UAZO R/W VAC #1 -07, SHOULD BE
VACATED subject to the following condition which shall be satisfied by the
applicant/petitioner m the manner prescribed by the City
General Services Admuustration 9
Vacation of Alley Right -of -Way
East of Federal Courthouse
UAZO R/W Vac #1 -07 DOC
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CITY OF YAKIMR PLANNING ORO o3?i3 O0'1 Yakima Co, WA
1) The City of Yakima shall reserve a twenty (20)- foot -wide utihty easement
for the use, maintenance and/or replacement of existing utilities within the vacated
alley for the benefit of the City of Yakima (sewer), Pacific Power (electricity),
Quest (telephone) and Cascade Natural Gas (natural gas) unless, m the alternative,
the petitioner relocates the utilities currently m the alley at the petitioner's expense
to a different pubhc nght -of -way acceptable to the City
DATED this 27 day of September, 2007
Gary M. Cuillier, Hearing Examiner
General Services Admuustration 10
Vacation of Alley Right -of -Way
East of Federal Courthouse
UAZO R/W Vac #1 -07 DOC
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YAKIMA, WASHINGTON
AGENDA STATEMENT
ITEM NO. 17
FOR MEETING OF November 20, 2007
ITEM TITLE An ordinance to vacate a portion of the right -of -way adjacent to parcels 191319-
24436, 191319 - 24498, and 191319 -24434 in the Central Business District located just north of
Chestnut between 3rd & 4th Streets behind the William 0 Douglas Federal Courthouse.
SUBMITTED BY William Cook, Director of Community and Economic Development
CONTACT PERSON/ Doug Maples, Code Administration and Planning Manager
TELEPHONE. Kevin Futrell, Assistant Planner, 575 -6164
SUMMARY EXPLANATION On November 6th, 2007, City Council approved the vacation
requested by U S Government Services Administration for the alley right -of -way located just
north of Chestnut between 3rd & 4th Streets behind the William 0 Douglas Federal
Courthouse 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
APPROVAL FOR SUBMITTAL.
City Manager
STAFF RECOMMENDATION Adopt the ordinance vacating that portion of the alley right -of-
way located just north of Chestnut between 3rd & 4th Streets behind the William 0 Douglas
Federal Courthouse
BOARD RECOMMENDATION The City of Yakima Hearing Examiner recommended approval
of this right -of -way vacation on September 27, 2007
COUNCIL ACTION- Pass Ordinance
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