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HomeMy WebLinkAbout2007-069 ROW Vacation of Platted North-South Alley Parallel to 8th and 9th Street, Between Chestnut St and Yakima Ave6/9/09 Return To: Yakima City Clerk 129 North Second Street Yakima, WA 98901 06/09/2009 03 30 18PN CITY OF YAKIMA PLANNING TRANSACTION # 22785 DEPUTY ID CANDIS FILE 1 7655987 ORDINANCE 0 PGS 13 RECORDING FEE $54 00 TOTAL $54 00 TENDER DETAILS ON ACCT /CHARGE $54 00 THANK YOU CORKY MATTINGLY AUDITOR YAKIMA COUNTY, WA Document Title Ordinance No. 2007 -69 Vacating a certain portion of street nght -of -way identified as a platted alley running north and south along several lots located parallel with 8`h and 9`h Streets, in between Chestnut Street and Yakima Avenue, and approving, with conditions, the general recommendation of the Hearing Examiner for the City of Yakima regarding the same Grantor- City of Yakima Grantee Yakima Hospitality, LLC ABBREVIATED LEGAL DESCRIPTION All that portion of the 20- foot -wide alley within Block 171, Plat of Huson's Addition to North Yakima, now Yakima, as recorded in Volume "A" of Plats, page 11, records of Yakima County, Washington (see Exhibit 'A' of attached Ordinance for complete legal description) PARCEL NUMBER: 191319 -12534 and 191319 -12535 ORDINANCE NO 2007 -69 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 lots located parallel with 8th and 9th street, in between Chestnut St. and Yakima Ave, and approving, with conditions, the general recommendation of the Hearing Examiner for the City of Yakima regarding the same, Yakima Hospitality, LLC, being identified as the applicant herein. WHEREAS, by application dated July 24, 2007, Yakima Hospitality, LLC, requested a vacation of a paved platted City of Yakima right -of -way running north and south between eight lots at 802 E. Yakima Ave abutting the west side of the alley (Lots 9 through 16), and eight lots at 6 and 12 S 91h Street, and 810 E. Yakima Avenue abutting the east side of the alley (Lots 1 through 8), and WHEREAS, the City of Yakima has no future plans for development of this platted right - of -way; and WHEREAS, Yakima Hospitality, LLC, the applicant/petitioner for this right -of -way vacation, owns three of the five parcels 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 R/W VAC #2 -07, (the "recommendation ") recommending that the undeveloped platted alley right -of -way be vacated per applicant's request, said recommendation attached hereto and incorporated herein by this reference as Exhibit "B ", and WHEREAS, at an open - 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, following the Council's consideration, the applicant requested a reduction in the requested vacation to eliminate the six most northerly lot locations, resulting in a vacation effecting five lots on each side of the requested vacation rather than eight on each side, and more particularly described in Exhibit "A ", attached hereto and incorporated herein by this reference; and WHEREAS, The City Planning Department has reviewed the requested reduction in vacation area and, insofar as the Hearing Examiner had approved a larger vacation than is now requested, and insofar as the reduction in the requested vacation does not appear to impose any greater problem for the City than may have existed by occurrence of the initially requested vacation, the Planning Department has no objection to the alley vacation as has now been amended by the applicant; 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, in accord with City of Yakima street vacation policy compensation to the City is necessary for this right -of -way vacation in the amount of 50% of the appraised value, 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 platted alley right -of -way running north and south between five lots at 802 E. Yakima Ave abutting the west side of the alley (Lots 12 through 16), and five lots at 12 S. 91h Street, abutting the east side of the alley (Lots 1 through 5), 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 #2 -07), as amended by applicant's recent request to reduce the area vacated, 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 Yakima Hospitality, LLC satisfying the following condition(s), as stated on page 9 of the Hearing Examiner's Recommendation a. A sixteen (16)- foot -wide utility easement for sanitary sewer, irrigation, electricity, telephone and natural gas lines shall be maintained within the paved public right - of way to be vacated. No buildings shall be constructed on top of any easement. Any relocation of utilities will be at the developer's expense b A manhole shall be required within the utility easement in accordance with Section 7 65 150 of the Yakima Municipal Code at a location to be determined by the City Engineer C. Fifty percent (50 %) of the appraised value of the entire vacated alley right -of -way shall be paid to the City of Yakima prior to the vacation. d. Upon vacation, the property within the limits so vacated shall belong to the abutting property owners, one -half to each, in accordance with Section 35 79 040 of the Revised Code of Washington. 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 a 'ng and sign d and approved this 11th day of December, 2007 David Edler, Mayor ATTEST City Clerk Publication Date: 12/14/07 Effective Date 1/13/08 Exhibit "A" Legal Description All that portion of the 20- foot -wide alley within Block 171, Plat of Huson's Addition to North Yakima, now Yakima, as recorded in Volume "A" of Plats, page 11, records of Yakima County, Washington, Except the north 150 feet thereof The area to be vacated can also be described as all that portion of the 20- foot -wide alley between Lots 12 -16 westerly thereof and Lots 1 -5 easterly thereof in Block 171, Plat of North Second Street Addition to North Yakima, now Yakima, according to the official plat thereof recorded in Volume "A" of Plats, page 11, records of Yakima County, Washington. The tax parcel numbers abutting this portion of the alley are, 191319 -12534 (Lots 12 through 16 at 802 E Yakima Ave) and 191319 -12535 (Lots 1 through 5 at 12 S 9t' St) City of Yakima, Washington Dearing Examiner's Recommendation September 27, 2007 In the Matter of an Application for Vacation ) Of an Alley Right -of -Way Submitted by: ) UAZO R/W VAC # 2 -07 Yakima Hospitality, LLC ) To Vacate a Portion of Alley Right -of -Way ) From East Yakima Avenue to East Chestnut) Avenue between 8th Street and 9th Street ) 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 Joseph Calhoun recommended approval of this application/petition to vacate the alley between 81' and 9h Streets from East Yakima Avenue to East Chestnut Avenue, subject to conditions. The applicant's representatives, Dave Stapleton and Brett Nelson, testified regarding details of this right -of -way vacation request and to favor of approval of the request No testimony or other evidence was presented in opposition to the request. Summary of Recommendation. The Heanng Examiner recommends approval of this application/petition for vacation of alley right -of -way subject to conditions. 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 Yakima Hospitality, LLC 1 Vacation of Alley Right -of - -Way From Yakima Ave. to Chestnut Ave. Between 80' Street and 9`h Street UAZO R/W Vac #2 -07 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 Yakima Hospitality, LLC, 1232 Columbia Park Trail, Richland, Washington 99352 Location. The location of the proposed vacation of right -of -way is the portion of the 20- foot -wide paved alley running north and south from East Yakima Avenue to East Chestnut Avenue between 8a' and 9'i' Streets. Legal (Description. The alley sought to be vacated can be described as all that portion of the alley between Lots 1 through 8 and Lots 9 through 16 within Block 171 of the Plat of Huson's Addition to North Yakima, now Yakima, as recorded in Volume "A" of Plats, page 11, records of Yakima County, Washington. The adjacent parcels are tax parcel no 191319 -12529 (Lot 6 used for Dominoes Pizza whose owner Jeffery Smith signed the petition), no 191319 -12530 (used for a 7 -11 store whose owner Southland Corporation did not respond to applicant/ petitioner or submit any comments), and nos. 191319- 12531, 12534 and 12535 which applicant/petitioner either owns or has a purchase agreement scheduled to close by November 15, 2007 (applicant/petitioner testified that the owner of property west of the alley that is under contract favors the application/petition) Application/Petition. The applicant /petitioner requests the vacation of the alley right -of- way running north and south between 8h and 9u' Streets from East Yakima Avenue to East Chestnut Avenue The purpose of the proposed alley vacation is to facilitate construction of a Holiday Inn hotel. Yakima Hospitality, LLC 2 Vacation of Alley Right -of - -Way From Yakima Ave. to Chestnut Ave. Between 8" Street and 9`h Street UAZO R/W Vac #2 -07 Notices. By Resolution #R- 2007 -116 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 a portion 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 requirements because it was also mailed to the property owners within 500 feet of the proposed vacation. Notices of the hearing were given on the following dates. Posting of notice on property August 16, 2007 Posting of notice in three public places August 16, 2007 Mailing of notice to property owners w/i 500 feet August 20, 2007 Publishing of notice in newspaper August 20, 2007 .Environmental 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. Transportation Capacity Management Ordinance. A traffic study is not required for this alley right -of -way vacation. Background. On July 24, 2007, the City of Yakima Department of Community and Economic Development received an application/petition from Yakima Hospitality, LLC requesting the vacation of a platted, paved alley right -of -way to facilitate the development of a proposed Holiday Inn hotel. The City's records indicate that the right - of -way for this alley was originally dedicated to the City by the Plat of Huson's Addition to North Yakima, now Yakima, on March 14, 1885 No property is dedicated on abutting properties to extend the alley onto abutting properties. The City has no plans for development of the alley nght -of -way in the future. The petition has been signed by the Yakima Hospitality, LLC 3 Vacation of Alley Right -of -Way From Yakima Ave. to Chestnut Ave. Between 8' Street and 9`i' Street UAZO R/W Vac #2 -07 owner or purchaser of more than two - thirds of the property abutting the portion of alleyway involved as required by RCW 39 79 020 The City's legal department should advise the applicant/ petitioner whether the present owner of the property to be purchased must loin in the petition. One -half of the width of the portion of the alley that abuts the west boundary line of the 7 -11 store owned by Southland Corporation and the Dominoes Pizza store owned by Jeffrey Smith and Jon Helland would be added to their respective lots and the rest of the vacated alleyway would be added to the applicant /petitioner's abutting lots if the requested vacation is approved. Zoning and Land Use. Properties adjacent to the alley on the east and west are zoned Central Business District Support (CBDS) Property across East Yakima Avenue on the north and 8`i' Street on the west is also zoned Central Business District Support (CBDS) Property across East Chestnut Avenue on the south is zoned Single - Family Residential (R -1) Property across 9a' Street on the east is zoned Single - Family Residential (R -1), Multi - Family Residential (R -3) and Central Business District Support (CBDS) Properties adjacent to the alley are used for commercial uses except for some residential uses across the streets to the east and south. Development Services Team. A Development Services Team meeting held on August 15, 2007 to discuss the possible impacts of approval of the alley right -of -way vacation resulted in the following comments (i) Qwest There are existing service lines for the 7 -11 and Dominoes Pizza establishments A plan must be drawn up to continue service with existing establishments as well as the proposed hotel. Any re- routing of existing service lines will be at the developer's expense (ii) Cascade Natural Gas There is an existing Cascade Natural Gas natural gas main within the alley proposed for vacation which will require an easement to be established in connection with this vacation. (in) Water/Irrigation. A new 16- foot -wide easement will be required for the existing 8 -inch irrigation main if it is either left to its current location or relocated to a Yakima Hospitality, LLC 4 Vacation of Alley Right -of -Way From Yakima Ave. to Chestnut Ave. Between 8t' Street and 9 h Street UAZO R/W Vac #2 -07 new alignment on the site Irrigation is able to serve the site. A new service will be required to be installed for new construction. (iv) Wastewater- There is an existing 8 -inch sewer line within the alley proposed for vacation which will also require a utility easement to be established in connection with this vacation. The sewer line would need to be routed around any buildings. A pretreatment sampling port (manhole) will be required in accordance with Section 7 65 150 of the Yakima Municipal Code A connection charge will probably be required (v) City Engineer- This vacation is acceptable if a 16- foot -wide utility easement is established for the existing sewer and natural gas lines within this platted right -of -way (vi) Traffic Engineenng: Transportation Concurrency Review will likely be required upon development. 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 development of the right -of -way area as driveway, parking and landscaped areas for a proposed Holiday Inn. The hotel will be located across from the Yakima Convention Center's future expansion site. The existing vacant grocery store structure will be demolished to make room for the Holiday Inn hotel. The new hotel will be a positive addition to the downtown landscape. 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 properties and businesses in the area have access to a public street without the need for the alley 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 vacation would allow a driveway, parking and landscaping to be constructed for a Holiday Inn hotel, the vacation Yakima Hospitality, LLC 5 Vacation of Alley Right -of -Way From Yakima Ave. to Chestnut Ave. Between 8b Street and 9h Street UAZO R/W Vac #2 -07 would be consistent with the Comprehensive Plan's Arterial Commercial designation and its related policies for surrounding properties. 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 The proposed new driveway, parking and landscaped areas for the applicant/petitioner's Holiday Inn hotel in the Central Business District Support (CBDS) zoning district would be consistent with that zoning classification, with the current commercial uses in the area and with long range plans that encourage infill within the City limits RCW 35 79 040 would allow the driveway, parking and landscaped areas to be constructed over the vacated alley area that abuts the lots owned by the applicant/petitioner- "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." 5. Provisions for Relocation of Existing Utilities or Easements for Existing Utilities. The existing sanitary sewer, irrigation, Pacific Power and natural gas lines will remain in their current location and language reserving an easement for their continued use, maintenance and/or replacement will be retained within the ordinance granting the vacation or will be otherwise provided in the manner prescribed by the City The hotel structure is expected to abut the utilities easement with the easement area itself being utilized for a driveway from the north, parking and landscaping. 6. Fair Market Appraisal and Compensation to the City. Compensation to the City must be paid in the amount of 50% of the appraised value of the alley to be vacated under applicable City resolution requirements because the assessed value of the alley area was calculated to be $32,000 by Mr Calhoun. The applicant/petitioner indicated that an appraisal was expected the day following the hearing. Yakima Hospitality, LLC 6 Vacation of Alley Right -of -Way From Yakima Ave. to Chestnut Ave. Between 8t' Street and 9'h Street UAZO R/W Vac #2 -07 CONCLUSIONS 1 The Heanng Examiner has junsdiction by virtue of Subsection 143 080(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 2 Public notice requirements for a street/alley vacation have been completed in accordance with applicable statutory and ordinance requirements. 3 SEPA review was not required because street nght -of -way vacations are categorically exempt from SEPA review 4 A traffic analysts report was not required for this vacation. 5 No properties will be dented access to the public street system as a result of this vacation. 6 This request for vacation does not conflict with any planned street improvement projects or other plans or projects of the City of Yakima. 7 No testimony or wntten comments were submitted in opposition to the requested alley vacation. 8 The first five cnterta governing the approval of nght -of -way vacations have all been satisfied. 9 Fair market compensation must be paid to the City prior to its vacation in the amount of 50% of the appraised value of the alley to be vacated. 10 State law 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. Yakima Hospitality, LLC 7 Vacation of Alley Right -of -Way From Yakima Ave. to Chestnut Ave. Between 8' Street and 9t' Street UAZO R/W Vac #2-07 RECOMMENDATION The Hearing Examiner recommends to the Yakima City Council that the 20- foot -wide alley between Lots 1 through 8 on the east and Lots 9 through 16 on the west within Block 171, Plat of Huson's Addition to North Yakima, now Yakima, according to the official plat thereof recorded in Volume "A" of Plats, page 11, records of Yakima County, Washington lying between 8t' and 9`i' Streets from Yakima Avenue to Chestnut Avenue, as described by the application/petition designated UAZO R/W VAC #2 -07, SHOULD BE VACATED subject to the following conditions which shall be satisfied by the applicant/petitioner in the manner prescribed by the City- 1) A sixteen (16)- foot -wide utility easement for sanitary sewer, irrigation, electricity, telephone and natural gas lines shall be maintained within the paved public right -of -way to be vacated. No buildings shall be constructed on top of any easement. Any relocation of utilities will be at the developer's expense 2) A manhole shall be required within the utility easement in accordance with Section 7 65 150 of the Yakima Municipal Code at a location to be determined by the City Engineer 3) Fifty percent (50 %) of the appraised value of the entire vacated alley right -of -way shall be paid to the City of Yakima prior to vacation. 4) Upon vacation, the property within the limits so vacated shall belong to the abutting property owners, one -half to each in accordance with Section 35 79 040 of the Revised Code of Washington DATED this 27a' day of September, 2007 Gary M. Cuillier, Hearing Examiner Yakima Hospitalit}, LLC 8 Vacation of Alley Right -of -Way From Yakima Ave. to Chestnut Ave Between 8t' Street and 9a' Street UAZO R/W Vac #2 -07 IIIIII�III 'flVNVtl911�lllllllllllllllllll� FILE# 7655987 YAKIMA COUNTY, WA 06/09/2009 03 30 18PM ORDINANCE PAGES 13 CITY OF YAKIMA PLANNING Recording Fee 54 00 6/9/09 Return To: Yakima City Clerk 129 North Second Street Yakima, WA 98901 Document Title Ordinance No. 2007 -69 Vacating a certain portion of street right -of -way identified as a platted alley running north and south along several lots located parallel with 8h and 9t' Streets, in between Chestnut Street and Yakima Avenue, and approving, with conditions, the general recommendation of the Hearing Examiner for the City of Yakima regarding the same Grantor- City of Yakima Grantee Yakima Hospitality, LLC ABBREVIATED LEGAL DESCRIPTION: All that portion of the 20- foot -wide alley within Block 171, Plat of Huson's Addition to North Yakima, now Yakima, as recorded in Volume "A" of Plats, page 11, records of Yakima County, Washington (see Exhibit 'A' of attached Ordinance for complete legal description) PARCEL NUMBER: 191319 -12534 and 191319 -12535 ORDINANCE NO 2007 -69 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 lots located parallel with 81h and 91h street, in between Chestnut St. and Yakima Ave, and approving, with conditions, the general recommendation of the Hearing Examiner for the City of Yakima regarding the same, Yakima Hospitality, LLC, being identified as the applicant herein. WHEREAS, by application dated July 24, 2007, Yakima Hospitality, LLC, requested a vacation of a paved platted City of Yakima right -of -way running north and south between eight lots at 802 E. Yakima Ave abutting the west side of the alley (Lots 9 through 16), and eight lots at 6 and 12 S. 9'h Street, and 810 E. Yakima Avenue abutting the east side of the alley (Lots 1 through 8), and WHEREAS, the City of Yakima has no future plans for development of this platted right - of -way; and WHEREAS, Yakima Hospitality, LLC, the applicant/petitioner for this right -of -way vacation, owns three of the five parcels 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 Examiners Recommendation regarding UAZO RNV VAC #2 -07, (the "recommendation") recommending that the undeveloped platted alley right -of -way be vacated per applicant's request, said recommendation attached hereto and incorporated herein by this reference as Exhibit "B ", and WHEREAS, at an open - 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, following the Council's consideration, the applicant requested a reduction in the requested vacation to eliminate the six most northerly lot locations, resulting in a vacation effecting five lots on each side of the requested vacation rather than eight on each side,. and more particularly described in Exhibit "A ", attached hereto and incorporated herein by this reference, and WHEREAS, The City Planning Department has reviewed the requested reduction in vacation area and, insofar as the Hearing Examiner had approved a larger vacation than is now requested, and insofar as the reduction in the requested vacation does not appear to impose any greater problem for the City than may have existed by occurrence of the initially requested vacation, the Planning Department has no objection to the alley vacation as has now been amended by the applicant; 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, in accord with City of Yakima street vacation policy compensation to the City is necessary for this right -of -way vacation in the amount of 50% of the appraised value, 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 platted alley right -of -way running north and south between five lots at 802 E. Yakima Ave abutting the west side of the alley (Lots 12 through 16), and five lots at 12 S. 9th Street, abutting the east side of the alley (Lots 1 through 5), 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 #2 -07), as amended by applicant's recent request to reduce the area vacated, 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 Yakima Hospitality, LLC satisfying the following condition(s), as stated on page 9 of the Hearing Examiner's Recommendation a A sixteen (16)- foot -wide utility easement for sanitary sewer, irrigation, electricity, telephone and natural gas lines shall be maintained within the paved public right - of way to be vacated No buildings shall be constructed on top of any easement. Any relocation of utilities will be at the developer's expense b A manhole shall be required within the utility easement in accordance with Section 7 65 150 of the Yakima Municipal Code at a location to be determined by the City Engineer C. Fifty percent (50 %) of the appraised value of the entire vacated alley right -of -way shall be paid to the City of Yakima prior to the vacation d Upon vacation, the property within the limits so vacated shall belong to the abutting property owners, one -half to each, in accordance with Section 35 79 040 of the Revised Code of Washington 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 a ing and sign d and approved this 11 th day of December, 2007 David Edler, Mayor ATTEST City Clerk Publication Date _ 12/14/07 Effective Date 1/13/08 CERTIFICATION OF TRUE AND CORRECT COPY OF ORIGINAL ORDINANCE Certified to be a true and correct copy of the original filed in my office CITY CLERK y dD Exhibit "A" Legal Description All that portion of the 20- foot -wide alley within Block 171, Plat of Huson's Addition to North Yakima, now Yakima, as recorded in Volume "A" of Plats, page 11, records of Yakima County, Washington, Except the north 150 feet thereof The area to be vacated can also be described as all that portion of the 20- foot -wide alley between Lots 12 -16 westerly thereof and Lots 1 -5 easterly thereof in Block 171, Plat of North Second Street Addition to North Yakima, now Yakima, according to the official plat thereof recorded in Volume "A" of Plats, page 11, records of Yakima County, Washington. The tax parcel numbers abutting this portion of the alley are; 191319 -12534 (Lots 12 through 16 at 802 E Yakima Ave) and 191319 -12535 (Lots 1 through 5 at 12 S 9`h St) I EXHIBIT "B" City of Yakima, Washington Hearing Examiner's Recommendation September 27, 2007 In the Matter of an Application for Vacation ) Of an Alley Fight -of -Way Submitted by: ) UAZO R/W VAC # 2 -07 Yakima Hospitality, LLC ) ) To Vacate a Portion of Alley Right-of-Way ) From East Yakima Avenue to East Chestnut) Avenue between 8th Street and 9th Street ) 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 Joseph Calhoun recommended approval of this application/petition to vacate the alley between 8th and 9th Streets from East Yakima Avenue to East Chestnut Avenue, subject to conditions. The applicant's representatives, Dave Stapleton and Brett Nelson, testified regarding details of this right -of -way vacation request and in favor of approval of the request. No testimony or other evidence was presented in opposition to the request. Summary of Recommendation. The Hearing Examiner recommends approval of this application/petition for vacation of alley right -of -way subject to conditions 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 Yakima Hospitality, LLC 1 Vacation of Alley Right -of - -Way From Yakima Ave. to Chestnut Ave. Between 8t' Street and 9th Street UAZO R/W Vac #2 -07 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 Yakima Hospitality, LLC, 1232 Columbia Park Trail, Richland, Washington 99352 Location. The location of the proposed vacation of right -of -way is the portion of the 20- foot -wide paved alley running north and south from East Yakima Avenue to East Chestnut Avenue between 8t' and 9a' Streets. Legal (Description. The alley sought to be vacated can be described as all that portion of the alley between Lots 1 through 8 and Lots 9 through 16 within Block 171 of the Plat of Huson's Addition to North Yakima, now Yakima, as recorded in Volume "A" of Plats, page 11, records of Yakima County, Washington. The adjacent parcels are tax parcel no 191319 -12529 (Lot 6 used for Dominoes Pizza whose owner Jeffery Smith signed the petition), no 191319 -12530 (used for a 7 -11 store whose owner Southland Corporation did not respond to applicant/ petitioner or submit any comments), and nos. 191319- 12531, 12534 and 12535 which applicant/petitioner either owns or has a purchase agreement scheduled to close by November 15, 2007 (applicant/petitioner testified that the owner of property west of the alley that is under contract favors the application/petition). Application/Petition. The applicant /petitioner requests the vacation of the alley nght -of- way running north and south between 8a' and 9a' Streets from East Yakima Avenue to East Chestnut Avenue. The purpose of the proposed alley vacation is to facilitate construction of a Holiday Inn hotel. Yakima Hospitality, LLC 2 Vacation of Alley Right -of -Way From Yakima Ave. to Chestnut Ave. Between 8'h Street and 9d' Street UAZO R/W Vac #2.07 Notices. By Resolution #R- 2007 -116 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 a portion 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 requirements because it was also mailed to the property owners within 500 feet of the proposed vacation. Notices of the hearing were given on the following dates- Posting of notice on property August 16, 2007 Posting of notice in three public places August 16, 2007 Mailing of notice to property owners w/i 500 feet August 20, 2007 Publishing of notice in newspaper August 20, 2007 Environmental ]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. Transportation Capacily Management Ordinance. A traffic study is not required for this alley right -of -way vacation. Background. On July 24, 2007, the City of Yakima Department of Community and Economic Development received an application/petition from Yakima Hospitality, LLC requesting the vacation of a platted, paved alley right -of -way to facilitate the development of a proposed Holiday Inn hotel. The City's records indicate that the right - of -way for this alley was originally dedicated to the City by the Plat of Huson's Addition to North Yakima, now Yakima, on March 14, 1885 No property is dedicated on abutting properties to extend the alley onto abutting properties. The City has no plans for development of the alley right -of -way in the future. The petition has been signed by the Yakima Hospitality, LLC 3 Vacation of Alley Right -0f - -Way From Yakima Ave. to Chestnut Ave. Between 8' Street and 9h Street UAZO R/W Vac #2 -07 owner or purchaser of more than two - thirds of the property abutting the portion of alleyway involved as required by RCW 39 79 020 The City's legal department should advise the applicant/ petitioner whether the present owner of the property to be purchased must loin in the petition. One -half of the width of the portion of the alley that abuts the west boundary line of the 7 -11 store owned by Southland Corporation and the Dominoes Pizza store owned by Jeffrey Smith and Jon Helland would be added to their respective lots and the rest of the vacated alleyway would be added to the applicant /petitioner's abutting lots if the requested vacation is approved. Zoning and Land Use. Properties adjacent to the alley on the east and west are zoned Central Business District Support (CBDS). Property across East Yakima Avenue on the north and 8t' Street on the west is also zoned Central Business District Support (CBDS) Property across East Chestnut Avenue on the south is zoned Single- Family Residential (R -1) Property across 9"' Street on the east is zoned Single - Family Residential (R -1), Multi- Family Residential (R -3) and Central Business District Support (CBDS) Properties adjacent to the alley are used for commercial uses except for some residential uses across the streets to the east and south. Development Services Team. A Development Services Team meeting held on August 15, 2007 to discuss the possible impacts of approval of the alley right -of -way vacation resulted in the following comments (i) Qwest. There are existing service lines for the 7 -11 and Dominoes Pizza establishments. A plan must be drawn up to continue service with existing establishments as well as the proposed hotel. Any re- routing of existing service lines will be at the developer's expense. (ii) Cascade Natural Gas. There is an existing Cascade Natural Gas natural gas main within the alley proposed for vacation which will require an easement to be established in connection with this vacation. (iii) Water/Irrigation. A new 16- foot -wide easement will be required for the existing 8 -inch irrigation main if it is either left in its current location or relocated to a Yakima Hospitality, LLC 4 Vacation of Alley Right -of - -Way From Yakima Ave. to Chestnut Ave. Between 8t` Street and 9t' Street UAZO R/W Vac #2 -07 new alignment on the site Irrigation is able to serve the site. A new service will be required to be installed for new construction. (iv) Wastewater- There is an existing 8 -inch sewer line within the alley proposed for vacation which will also require a utility easement to be established in connection with this vacation. The sewer line would need to be routed around any buildings. A pretreatment sampling port (manhole) will be required in accordance with Section 7 65 150 of the Yakima Municipal Code. A connection charge will probably be required. (v) City Engineer- This vacation is acceptable if a 16- foot -wide utility easement is established for the existing sewer and natural gas lines within this platted nght -of -way (vi) Traffic En ing eerie : Transportation Concurrency Review will likely be required upon development. 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 development of the right -of -way area as driveway, parking and landscaped areas for a proposed Holiday Inn. The hotel will be located across from the Yakima Convention Center's future expansion site. The existing vacant grocery store structure will be demolished to make room for the Holiday Inn hotel. The new hotel will be a positive addition to the downtown landscape. 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 properties and businesses in the area have access to a public street without the need for the alley 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 vacation would allow a driveway, parking and landscaping to be constructed for a Holiday Inn hotel, the vacation Yakima Hospitality, LLC 5 Vacation of Alley Right -of -Way From Yakima Ave. to Chestnut Ave. Between 8"' Street and 9t` Street UAZO R/W Vac #2 -07 would be consistent with the Comprehensive Plan's Arterial Commercial designation and its related policies for surrounding properties. 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 The proposed new driveway, parking and landscaped areas for the applicant /petitioner's Holiday Inn hotel in the Central Business District Support (CBDS) zoning district would be consistent with that zoning classification, with the current commercial uses in the area and with long range plans that encourage infill within the City limits. RCW 35 79 040 would allow the driveway, parking and landscaped areas to be constructed over the vacated alley area that abuts the lots owned by the applicant/petitioner- "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." 5. Provisions for Relocation of Existing Utilities or Easements for Existing Utilities. The existing sanitary sewer, irrigation, Pacific Power and natural gas lines will remain in their current location and language reserving an easement for their continued use, maintenance and/or replacement will be retained within the ordinance granting the vacation or will be otherwise provided in the manner prescribed by the City The hotel structure is expected to abut the utilities easement with the easement area itself being utilized for a driveway from the north, parking and landscaping. 6. Fair Market Appraisal and Compensation to the City. Compensation to the City must be paid in the amount of 50% of the appraised value of the alley to be vacated under applicable City resolution requirements because the assessed value of the alley area was calculated to be $32,000 by Mr Calhoun. The applicant /petitioner indicated that an appraisal was expected the day following the hearing. Yakima Hospitality, LLC 6 Vacation of Alley Right -of - -Way From Yakima Ave. to Chestnut Ave. Between 8h Street and 9'h Street UAZO R/W Vac #2 -07 CONCLUSIONS 1 The Hearing Examiner has jurisdiction by virtue of Subsection 143 080(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 2. Public notice requirements for a street/alley vacation have been completed in accordance with applicable statutory and ordinance requirements. 3 SEPA review was not required because street right -of -way vacations are categorically exempt from SEPA review 4 A traffic analysis report was not required for this vacation. 5 No properties will be denied access to the public street system as a result of this vacation. 6 This request for vacation does not conflict with any planned street improvement projects or other plans or projects of the City of Yakima. 7 No testimony or written comments were submitted in opposition to the requested alley vacation. 8 The first five criteria governing the approval of right -of -way vacations have all been satisfied. 9 Fair market compensation must be paid to the City prior to its vacation in the amount of 50% of the appraised value of the alley to be vacated. 10 State law 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. Yakima Hospitality, LLC 7 Vacation of Alley Right -0f - -Way From Yakima Ave. to Chestnut Ave. Between 8t' Street and 9h Street UAZO R/W Vac #2 -07 � r RECOMMENDA'T'ION The Hearing Examiner recommends to the Yakima City Council that the 20- foot -wide alley between Lots 1 through 8 on the east and Lots 9 through 16 on the west within Block 171, Plat of Huson's Addition to North Yakima, now Yakima, according to the official plat thereof recorded in Volume "A" of Plats, page 11, records of Yakima County, Washington lying between 8" and 9u' Streets from Yakima Avenue to Chestnut Avenue, as described by the application/petition designated UAZO R/W VAC #2 -07, SHOULD BE VACA'T'ED subject to the following conditions which shall be satisfied by the applicant/petitioner in the manner prescribed by the City- 1) A sixteen (16)- foot -wide utility easement for sanitary sewer, irrigation, electricity, telephone and natural gas lines shall be maintained within the paved public right -of -way to be vacated. No buildings shall be constructed on top of any easement. Any relocation of utilities will be at the developer's expense 2) A manhole shall be required within the utility easement in accordance with Section 7 65 150 of the Yakima Municipal Code at a location to be determined by the City Engineer 3) Fifty percent (50 %) of the appraised value of the entire vacated alley right -of -way shall be paid to the City of Yakima prior to vacation. 4) Upon vacation, the property within the limits so vacated shall belong to the abutting property owners, one -half to each in accordance with Section 35 79 040 of the Revised Code of Washington. DA'T'ED this 27"' day of September, 2007 Gary M. Cuillier, Hearing Examiner Yakima Hospitality, LLC 8 Vacation of Alley Right -of - -Way From Yakima Ave. to Chestnut Ave. Between 8`s Street and 9' Street UAZO R/W Vac #2 -07 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT ITEM NO 2-Lf 8 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 platted alley running north and south along several Tots running parallel with 8 and 9 street, in between Chestnut St. and Yakima Ave. 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 November 6, 2007 City Council approved the vacation requested by Yakima Hospitality, LLC., for a the entire portion of platted alley right -of -way running north and south between eight Tots at 802 E. Yakima Ave abutting the west side of the alley (Lots 9 through 16), and eight lots at 6 and 12 S. 9 Street, and 810 E. Yakima Ave abutting _the east side of the alley (Lots 1 through 8), and further directed staff to prepare the Vacation Ordinance. The applicant has since decided to only vacate the south 250 feet of the alley, Tying between five lots at 802 E. Yakima Ave. (Lots 12 -16), and five Tots at 12 S. 9 Street (Lots 1 -5); more particularly described in Exhibit "A ", attached to the proposed Ordinance. The Ordinance has been prepared to reflect the decision of the applicant to vacate less than the original petition, and is herein submitted for your adoption. Resolution — Ordinance X Contract _ Other (Specify) Map Funding Source N/A APPROVAL FOR SUBMITTAL: C' Mana • er STAFF RECOMMENDATION: Adopt the Ordinance to vacate the requested portion of City Right -of -Way. BOARD RECOMMENDATION: The City of Yakima Hearing Examiner recommended approval of this right -of -way vacation on September 27, 2007. COUNCIL ACTION: