HomeMy WebLinkAbout2007-025 Right-of-Way Vacation, 320 Englewood Crest Ct; Robert Bader ORDINANCE NO 2007— 25
AN ORDINANCE relating to land use, vacating a certain portion of street right -of-
way identified as all that portion of the 20 -foot strip labeled access
drive, serving Lots 14 and 15, and lying between Lots 9 and 10,
Block 8, Viewmont Park, according to the official plat thereof
recorded in Volume "R" of Plats, page 5, records of Yakima
County, Washington
WHEREAS, by application dated November 30, 2006, Robert Bader requested a
vacation of a portion of an undeveloped platted City of Yakima right -of -way beginning at
the northeast corner of said Lot 9, then south 66 °52'50" east 20 feet to the northwest
corner of Lot 10, then south 23 °07'10" west 100 feet to the southwest corner of said Lot
10, then south 53 °07'10" west 20 feet, then north 6 °52'50" west 20 feet to the southerly
most corner of said Lot 9, then 23 °07'10" east 100 feet to the point of beginning , 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, Robert Bader, the applicant/petitioner for this right -of -way vacation,
has obtained three of the four signatures of property owners abutting the property
subject to this vacation application in support of the proposed vacation, and
WHEREAS, on March 8, 2007 the Hearing Examiner issued Hearing Examiner's
Recommendation regarding UAZO R/W VAC #4 -06, (the "recommendation ")
recommending that a portion of the undeveloped platted street 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 April 17, 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
WHEREAS, no compensation to the City is necessary for this right -of -way
vacation because the City has neither purchased, maintained nor improved the portion
of the undeveloped platted street right -of -way proposed for vacation, and
WHEREAS, the City Council finds that it is in the best interest of the City to enact
the following to approve the requested right -of -way vacation, Now Therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA.
Section 1 A portion of the undeveloped platted public right -of -way running
north and south serving Lots 14 and 15 and lying between Lots 9 and 10, Block 8,
Viewmont Park, according to the official plat thereof recorded in Volume "R" of Plats,
page 5, records of Yakima County, Washington at 320 Englewood Crest Court, 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,
2006 Hearing Examiner's Recommendation (UAZO R/W VAC #4 -06) regarding this right -
of -way vacation are hereby adopted by the City Council as its findings, conclusions and
conditions in support thereof, 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 Robert Bader's satisfaction of the following conditions, as stated on
pages 8 and 9 of the Hearing Examiner's Recommendation
a Provide a utility easement that is twenty feet wide or is of a width
otherwise required by the City of Yakima shall be established and
maintained for the use, maintenance and /or replacement of the existing
sanitary sewer line within the vacated area.
b If the vacated area is gated in the future, a "Knox Padlock" or "Knox
Electric Gate" approved by the fire chief shall be installed and maintained
operational at all times to ensure that emergency vehicles can access the
property in case of a fire of medical emergency
Section 4 Severability If any section, subsection, paragraph,
sentence, clause or phrase of this ordinance is declared invalid or
unconstitutional for any reason, such decision shall not affect the validity of the
remaining portions of this ordinance
Section 5. This ordinance shall be in full force and effect 30 days after
its passage, approval, and publication as provided by law and by the City
Charter
PASSED BY THE CITY COUNCIL at a regular meeting and signed and
approved this 1:' day of May, 2007
David Edler, Mayor
ATTEST
�rl�y )I i.
ity Clerk
Publication Date 5 - - 2007 Effective Date 6 - - 2007
, I i
PETITION NO.
CITY OF YAKIMA, WASHINGTON
PETITION TO VACATE STREET OR ALLEY
To the City Council of the City of Yakima, Washington.
Comes now the undersigned petitioners and, pursuant to RCW Chapter
35.79, now respectfully show.
The undersigned petitioners request that t11e following described street, alley or
portion thereof, located in the City of Yakima, be vacated pursuant to RCW 35.79
(provide legal description below, pr attach to petition, if lengthy)
Legal Description of road vacation
A 20 FOOT STRIP LABELED ACCESS DRIVE, SERVING LOTS 14 AND 15, AND LYING
BETWEEN LOTS 9 AND 10, BLOCK 8, VIEWMONT PARK, ACCORDING TO THE OFFICIAL
PLAT THEREOF RECORDED IN VOLUME "R" OF PLATS, PAGE 5, RECORDS OF YAKIMA
COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS
BEGINNING AT THE NORTHEAST CORNET. OF SAID LOT 9, THEN SOUTH 66° 52' 50"
EAST 20 FEET TO THE NORTHWEST CORNER OF SAID LOT 10, THEN SOUTH 23° 07' 10"
WEST 100 FEET TO THE SOUTHWEST CORNER OF SAID LOT 10, THEN SOUTH 53° 07'
10" WEST 20 FEET, THEN NORTH 6° 52' 50" WEST 20 FEET TO THE SOUTHERLY MOST
CORNER OF SAID LOT 9, THEN 23° 07' 10" EAST 100 FEET TO THE POINT OF
BEGINNING
Each of the undersigned petitioners is the owner of an interest in real estate
abutting on the above - described area. The undersigned petitioners constitute
owners of more than two - thirds of said abutting property
Wherefore, petitioners pray that proceedings be had hereon for the vacation
of said area in the manner prescribed by RCW Chapter 35 79
Respectfully submitted,
Name Address of Property Date
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City of Yakima, Washington
Hearing Examiner's Recommendation
March 8, 2007
In the Matter of an Application for )
Vacation of Street Right -of -Way ) UAZO R/W VAC # 4 -06
Submitted by: ) Petition #06 -16
)
Robert Bader )
)
To Vacate Street Right -of -Way )
At 320 Englewood Crest Court )
Introduction. The Hearing Examiner conducted a public heanng on February
22, 2007, and has issued this recommendation within ten business days thereof.
The staff report presented by Associate Planner Vaughn McBnde recommended
approval of this request to vacate a platted street nght -of -way The applicant's
representative, Bill Hordan of Hordan Planning Services, testified m favor of
approval of the nght -of -way vacation request. No testimony or other evidence
was presented m opposition to the request.
Summary of Recommendation. The Heanng Examiner recommends approval
of this request for vacation of a platted street nght -of -way
Basis for Recommendation. Based upon a view of the site without anyone else
present on February 7, 2007, the staff report, exhibits, testimony and evidence
presented at an open record public heanng on February 22, 2007, and a review of
the Yakima Urban Area Comprehensive Plan, the Yakima Urban Area Zoning
Robert Bader 1
Vacation of Street Right -of -Way
320 Englewood Crest Court DX
UAZO UAZO R/W Vac #4 -06 INDEX
# 44 I
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 Robert Bader, 320 Englewood
Crest Court, Yakima, Washington and the applicant/petitioner's representative is
Bill Hordan of Hordan Planning Services, 410 North Second Street, Yakima,
Washington
Location. The location of the proposed vacation of nght -of -way is a platted
dead -end street m the Plat of Viewmont Park east of Lot 9 (parcel 181319- 11430),
west of Lot 10 (parcel 181319 - 11431) northeast of Lot 15 (parcel 181319- 11491)
and northwest of Lot 14 (parcel 181319 - 11490) The public does not use the
existmg nght -of -way as a street. It currently serves Lots 14 and Lot 15 which the
applicant owns It was dedicated for that purpose, but the applicant wishes to
convert the street nght -of -way to a pnvate gated driveway serving only Lot 15
where the apphcant lives with a secondary access for the rear of Lot 10 Lot 14
can be accessed by way of Viewmont Drive which abuts the lot on the south.
Legal Description. The area sought to be vacated can be described as all that
portion of the 20 -foot strip labeled access dive, serving Lots 14 and 15, and lying
between Lots 9 and 10, Block 8, Viewmont Park, according to the official plat
thereof recorded m Volume "R" of Plats, page 5, records of Yakima County,
Washington, described as follows Beginning at the northeast corner of said Lot 9,
Robert Bader 2
Vacation of Street Right -of -Way
320 Englewood Crest Court P 1
UAZO R/W Vac #4 -06 INDE
4
then south 66 °52'50" east 20 feet to the northwest corner of Lot 10, then south
23 °07' 10" west 100 feet to the southwest corner of said Lot 10, then south
53 °07'10" west 20 feet, then north 6 °52'50" west 20 feet to the southerly most
corner of said Lot 9, then 23°07'10" east 100 feet to the point of beginning.
Apphcation/Petition. The apphcant/petitioner requests the vacation of platted
dead -end street nght -of -way serving two lots at 320 Englewood Crest Court.
Notices. By Resolution #R- 2007 -11 adopted 011 January 9, 2007, the Yakima
City Council set February 8, 2007 as the date for a public hearing regarding this
request for vacation of street 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 right -of -way to be vacated, was also posted m three public places and was
also mailed to all owners abutting the street 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 on the following dates
Mailing of notice to property owners w/i 500 feet January 10, 2007
Posting of notice on property January 10, 2007
Publishing of notice m newspaper January 18, 2007
Posting of notice m three public places January 29, 2007
The hearing was continued to February 22, 2007 at the request of the
applicant/petitioner
Environmental Review. Street vacations are categoncally exempt from SEPA
review m accordance with WAC 197- 11- 800(2)(h) and Chapter 6 88 of the
Yakima Municipal Code
Robert Bader 3
Vacation of Street Right -of -Way
320 Englewood Crest Court DOC
UAZO R/W Vac #4 -06 INDEX
#A -I
Transportation Capacity Management Ordinance. A traffic study is not
required for this street nght -of -way vacation.
Zoning and Land Use. Public street nghts -of -way are not zoned, but after
vacation they have the zoning of the abutting property The street nght -of -way is
currently used for access to apphcant/petitioner's single -family residence
Adjacent properties have the following characteristics
Direction Zoning Land Use
North R-1 Single - Family Residential
Southeast R -1 Vacant, undeveloped
Southwest R -1 Single- Family Residential
West R -1 Single - Family Residential
East R -1 Single - Family Residential
Development Services Team. A Development Services Team meeting held on
November 29, 2006 to discuss the possible impacts of approval of the street nght-
of -way vacation resulted m the followmg comments
(i) Water/Irngation. Nob Hill Water Association serves this area. There
are no issues associated with this proposal.
(n) Wastewater Division. The City will need to maintain a utility easement
for the sewer line that runs from Viewmont Dnve between Lots 13 and 14, then
along the south line of Lot 10 and into the requested vacated public nght -of -way
(in) Building Permits /Codes. There are no Codes issues associated with
this proposal.
(iv) City Engineer: There are no Engmeenng issues associated with this
proposal. This vacation does not affect Title 12 Standards
(v) Fire. The owners should install a gate system that incorporates either a
"Knox Padlock" or "Knox Electric Gate" to ensure that emergency vehicles can
make access to the property m case of fire or medical emergency The installation
of secunty gates across a fire apparatus access road shall be approved by the fire
chief. Where security gates are installed they shall have an approved means of
Robert Bader 4
Vacation of Street Right -of -Way
320 Englewood Crest Court DOC
UAZO R/W Vac #4 -06 N D EX
#AA -
emergency operation. The security gates and the emergency operation shall be
maintained operational at all tunes
(vi) Traffic Engmeenng. There are no traffic- related issues associated with
this proposal
Criteria for the Vacation of Street Right - of - Way. City policy provides the
following specific cntena to be considered m determining the propnety and
requisites of street or alley nght -of -way vacations
1. Public Benefit and Reasons Supporting the Proposed Vacation and
the Limits of the Proposed Vacation. The proposed vacation would allow a
dead -end 20- foot -wide 100 - foot -long nght -of -way serving two lots to become a
pnvate driveway so as to thereby relieve the City of maintenance responsibilities
and return the property to the tax rolls
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
so long as the applicant/petitioner procures any needed title insurance, deed(s) or
easement(s) confirming that the nght -of -way area will become a part of Lot 15 or
that Lot 15 will have a pnvate access easement over the nght -of -way area.
3. Consistency with the Six Year Transportation Improvement Plan,
the Urban Area Comprehensive Plan and other Official City Plans and
Policies. Neither the current Transportation Improvement Plan nor the City's
Comprehensive Plan nor any other official City plan contains an indication of any
future plans for improvements to this unimproved street nght -of -way
4. Consistency with Existing and Anticipated Development in the Area
Based on Zoning, Current Use and Long -Range Plans. There is no anticipated
further development of the area that would need this public street nght -of -way
Access to Lot 14 can better be provided by way of Viewmont Dnve which would
Robert Bader 5
Vacation of Street Right -of -Way
320 Englewood Crest Court DEG
UAZO R/W Vac #4 -06
INDEX
leave the right -of -way as an access only for the applicant/petitioner's residence on
Lot 15 which could best be accomplished by a private driveway However, the
normal consequence of vacation set forth m RCW 35 79 040 would not effectuate
the intent of this particular street nght -of -way which was to only serve lots 14 and
15 rather than the lots on each side of the right-of-way
"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. A 20- foot -wide easement for the existing sanitary sewer
running east and west across the nght -of -way must be reserved by the City of
Yakima and granted by the owner(s) of the vacated property The sanitary sewer
line will remain m its current location and language reservmg an easement for its
continued use, maintenance and/or replacement will be contained within the
ordmance granting the vacation or will be otherwise provided m the manner
prescribed by the City
6. Fair Market Appraisal and Compensation to the City.
Compensation to the City is not necessary under City Resolution D -5630 because
the City has neither purchased, maintained nor improved the street right -of -way
proposed for vacation, and no planned or anticipated public purpose exists for
mamtainmg that street nght -of -way area.
CONCLUSIONS
1 The Hearing Examiner has jurisdiction by virtue of Subsection 1 43 080(H)
of the Yakima Municipal Code to conduct open record pubhc hearings regardmg
Robert Bader 6
Vacation of Street Right -of -Way
320 Englewood Crest Court
DOC
UAZO R/W Vac #4 -06 INDEX
41 AA -I
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 vacation have been completed m
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 request.
5 No properties will be denied access to the public street system as a result of
this vacation so long as the applicant/petitioner retains or procures a continued
means of access to his residence following the 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 The five cntena governing the approval of nght -of -way vacations have all
been satisfied.
8 Fair market compensation to the City is not required m this situation by City
Resolution D -5630
RECOMMENDATION
The Hearing Examiner recommends to the Yakima City Council that the 20-
foot -wide street nght -of -way described m the application/petition designated
UAZO R/W VAC #4 -06, SHOULD BE VACATED subject to the following
conditions which shall be satisfied by the applicant/petitioner m the manner
prescribed by the City -
1) A utility easement that is twenty feet wide or is of a width otherwise
required by the City of Yakima shall be established and maintained for the
Robert Bader 7
Vacation of Street Right -of -Way
320 Englewood Crest Court 'DOC
UAZO R/W Vac #4 -06 INDEX
use, maintenance and/or replacement of the existmg sanitary sewer line
within the vacated area.
2) If the vacated area is gated m the future, a "Knox Padlock" or "Knox
Electric Gate" approved by the fire chief shall be mstalled and maintained
operational at all times to ensure that emergency vehicles can access the
property m case of a fire or medical emergency
DATED this 8 day of March, 2007
Aft. C-1.44:112--.
Gary M Cuillier, Hearing Examiner
Robert Bader 8
Vacation of Street Right -of -Way
320 Englewood Crest Court DOC
UAZO R/W Vac #4 -06 jNDEX
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT 7
Item No
For Meeting of May 1, 2007
ITEM TITLE Adoption of an Ordinance vacating a portion of street right -of -way in
the vicinity of 320 Englewood Crest Court.
SUBMITTED BY William R Cook, Director of Community and Economic
Development Department
CONTACT PERSON/TELEPHONE Doug Maples, Code Administration and Planning
Manager (509) 575 -6121
Vaughn McBride, Associate Planner
(509) 576 -6315
SUMMARY EXPLANATION
At the conclusion of an open record public hearing held on April 17, 2007 Council
voted to accept the hearing examiner's recommendation for the approval the vacation
of the requested right -of -way and further directed the legal division to prepare the
appropriate legislation
Resolution Ordinance X Other (Specify)
Contract Mail to (name and address)
Phone
Funding Source
APPROVED FOR SUBMITTAL. ?2-r-, City Manager
STAFF RECOMMENDATION Adopt the Ordinance vacating the subject street right -
of -way in the vicinity of 320 Englewood Crest Court.
BOARD /COMMISSION RECOMMENDATION On February 22, 2007, the Hearing
Examiner held an open record public hearing on this request and issued a
recommendation to approve the vacation on March 8, 2007
COUNCIL ACTION Ordinance passed. ORDINANCE NO. 2007 -25
Return To:
Yakima City Clerk
129 North Second Street
Yakima, WA 98901
Document Title ORDINANCE NO. 2007-25
Vacation / undeveloped platted access right -of -way
Englewood Crest Court
Grantor City of Yakima
Grantee Robert Bader
LEGAL DESCRIPTION:
All that portion of the 20 -foot stnp labeled access drive, serving lots 14, and 15, and lying
between Lots 9 and 10, Block 8, Viewmont Park, according to the official plat there of
recorded in Volume "R" of Plats, page 5, records of Yakima County, Washington, described
as follows. Beginning at the northeast corner of said Lot 9, then south 66 ° 52'50" east 20 feet
to the northwest corner of Lot 10, then south 23 ° 07' 10" west 100 feet to the southwest corner
of said Lot 10, then south 53 west 20 feet, then north 6 ° 52'52" west 20 feet to the
southerly most comer of said Lot 9, then 23 ° 07' 10" east 100 feet to the pomt of beginning.
PARCEL NUMBERS: Lot 9 / 181319 - 11430, Lot 10 / 181319- 11431,
Lot 14 / 181319 - 11490, and Lot 15 / 181319 -11491
11111 II II 11 II 0:7/2:0
CITY OF YAKIMA - CODES DI ORD $44 99 Yakima Co, WA
ORDINANCE NO. 2007 -25
AN ORDINANCE relating to land use, vacating a certain portion of street right -of-
way identified as all that portion of the 20 -foot strip labeled access
drive, serving Lots 14 and 15, and Tying between Lots 9 and 10,
Block 8, Viewmont Park, according to the official plat thereof
recorded in Volume "R" of Plats, page 5, records of Yakima
County, Washington.
WHEREAS, by application dated November 30, 2006, Robert Bader requested a
vacation of a portion of an undeveloped platted City of Yakima right -of -way beginning at
the northeast corner of said Lot 9, then south 66 °52'50" east 20 feet to the northwest
corner of Lot 10, then south 23 °07'10" west 100 feet to the southwest comer of said Lot
10, then south 53 °07'10" west 20 feet, then north 6 °52'50" west 20 feet to the southerly
most corner of said Lot 9, then 23 °07'10" east 100 feet to the point of beginning , 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, Robert Bader, the applicant/petitioner for this right -of -way vacation,
has obtained three of the four signatures of property owners abutting the property
subject to this vacation application in support of the proposed vacation, and
WHEREAS, on March 8, 2007 the Hearing Examiner issued Hearing Examiner's
Recommendation regarding UAZO RNV VAC #4-06, (the "recommendation ")
recommending that a portion of the undeveloped platted street 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 April 17, 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
111111 111 111114111 I 11111 7565886
Page 2 of 13
8S/87/2887 11 13A
CITY OF YAKIMA - CODES DI ORD $44 80 Yakima Co, WA
WHEREAS, the City Council finds that the considerations of the Hearing
Examiner in response to the requirements and criteria of RCW Chapter 35 79, together
with the City of Yakima street vacation policy, are correct and appropriate, and that the
same should be adopted by the City Council as its findings herein, and
WHEREAS, no compensation to the City is necessary for this right -of -way
vacation because the City has neither purchased, maintained nor improved the portion
of the undeveloped platted street right -of -way proposed for vacation, and
WHEREAS, the City Council finds that it is in the best interest of the City to enact
the following to approve the requested right -of -way vacation, Now Therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA.
Section 1 A portion of the undeveloped platted public right -of -way running
north and south serving Lots 14 and 15 and Tying between Lots 9 and 10, Block 8,
Viewmont Park, according to the official plat thereof recorded in Volume "R" of Plats,
page 5, records of Yakima County, Washington at 320 Englewood Crest Court, 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,
2006 Hearing Examiner's Recommendation (UAZO R/W VAC#4 -06) regarding this right -
of -way vacation are hereby adopted by the City Council as its findings, conclusions and
conditions in support thereof, 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 Robert Bader's satisfaction of the following conditions, as stated on
pages 8 and 9 of the Hearing Examiner's Recommendation
a Provide a utility easement that is twenty feet wide or is of a width
otherwise required by the City of Yakima shall be established and
maintained for the use, maintenance and /or replacement of the existing
sanitary sewer line within the vacated area.
b If the vacated area is gated in the future, a "Knox Padlock" or "Knox
Electric Gate" approved by the fire chief shall be installed and maintained
565
1111111 11111 1111 11 11 1110 11 Page 3 of 13
7
86/87/2887 886 11 13A
CITY OF YAKIMA - CODES DI ORD 144 AS Yakima Co, WA
operational at all times to ensure that emergency vehicles can access the
property in case of a fire of medical emergency
Section 4. Severability If any section, subsection, paragraph,
sentence, clause or phrase of this ordinance is declared invalid or
unconstitutional for any reason, such decision shall not affect the validity of the
remaining portions of this ordinance
Section 5. This ordinance shall be in full force and effect 30 days after
its passage, approval, and publication as provided by law and by the City
Charter
PASSED BY THE CITY COUNCIL at a regular meeting and signed and
approved this 1st day of May, 2007
/s/ David Edler
David Edler, Mayor
ATTEST
/s/ Deborah Moore
City Clerk
Publication Date 5/4/07 Effective Date 6/3/07
' Nft s
sF : Certified to be a true and correct copy of the
� ;' original filed in my office
s r CITY CLERK
My //'' I
....� By UrJll;1?.Q/ Deputy
P Y
11111111111 111110111 1111 111 II 7565886
Page 4 of 13
86/87/2887 11 13A
CITY OF YAKIMA - CODES DI ORD $44 88 Yakima Co, WR
City of Yakima, Washington
Hearing Examiner's Recommendation
March 8, 2007
In the Matter of an Application for )
Vacation of Street Right -of -Way ) UAZO R/W VAC # 4 -06
Submitted by. ) Petition #06 -16
)
Robert Bader )
)
To Vacate Street Right -of -Way )
At 320 Englewood Crest Court )
Introduction. The Hearing Examiner conducted a public hearing on February
22, 2007, and has issued this recommendation within ten business days thereof.
The staff report presented by Associate Planner Vaughn McBnde recommended
approval of this request to vacate a platted street nght -of -way The applicant's
representative, Bill Hordan of Hordan Planning Services, testified m favor of
approval of the nght -of -way vacation request. No testimony or other evidence
was presented m opposition to the request.
Summary of Recommendation. The Hearing Examiner recommends approval
of this request for vacation of a platted street nght -of -way
Basis for Recommendation. Based upon a view of the site without anyone else
present on February 7, 2007, the staff report, exhibits, testimony and evidence
presented at an open record public hearing on February 22, 2007, and a review of
the Yakima Urban Area Comprehensive Plan, the Yakima Urban Area Zoning
Robert Bader 1
Vacation of Street Right- of -Way
320 Englewood Crest Court
UAZO R/W Vac #4 -06 INDEX
/ —
1111101111 111111111 11 111 11M 1111 7565886
Page 5 of 13
06/07/2997 11 13A
CITY OF YAKIMA - CODES DI ORD $0 89 Yakima Co, WA
Ordinance, Chapter 35 79 of the Revised Code of Washington and the City of
Yakima's street vacation policies, the Heanng Exanuner makes the following
FINDINGS
Applicant/Petitioner. The apphcant/petitioner is Robert Bader, 320 Englewood
Crest Court, Yakima, Washington and the applicant/petitioner's representative is
Bill Hordan of Hordan Planning Services, 410 North Second Street, Yakima,
Washington.
Location. The location of the proposed vacation of nght -of -way is a platted
dead -end street m the Plat of Viewmont Park east of Lot 9 (parcel 181319- 11430),
west of Lot 10 (parcel 181319 - 11431) northeast of Lot 15 (parcel 181319- 11491)
and northwest of Lot 14 (parcel 181319 - 11490) The public does not use the
existing nght -of -way as a street. It currently serves Lots 14 and Lot 15 which the
applicant owns It was dedicated for that purpose, but the apphcant wishes to
convert the street nght -of -way to a pnvate gated driveway serving only Lot 15
where the applicant lives with a secondary access for the rear of Lot 10 Lot 14
can be accessed by way of Viewmont Dnve which abuts the lot on the south.
Legal Description. The area sought to be vacated can be described as all that
portion of the 20 -foot stnp labeled access dnve, serving Lots 14 and 15, and lying
between Lots 9 and 10, Block 8, Viewmont Park, according to the official plat
thereof recorded m Volume "R" of Plats, page 5, records of Yakima County,
Washington, descnbed as follows Beginning at the northeast corner of said Lot 9,
Robert Bader 2
Vacation of Street Right -of -Way
320 Englewood Crest Court
R/W Vac #4 -06
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then south 66 °52'50" east 20 feet to the northwest corner of Lot 10, then south
23°07'10" west 100 feet to the southwest corner of said Lot 10, then south
53 °07'10" west 20 feet, then north 6 °52'50" west 20 feet to the southerly most
corner of said Lot 9, then 23 °07' 10" east 100 feet to the point of beginning.
Application/Petition. The applicant/petitioner requests the vacation of platted
dead -end street nght -of -way serving two lots at 320 Englewood Crest Court.
Notices. By Resolution #R- 2007 -11 adopted on January 9, 2007, the Yakima
City Council set February 8, 2007 as the date for a public heanng regarding this
request for vacation of street nght -of -way Notices were given more than twenty
days before the hearing. Notice of the heanng was posted m a conspicuous place
on the nght -of -way to be vacated, was also posted in three public places and was
also mailed to all owners abutting the street 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 on the following dates
Mailing of notice to property owners w/i 500 feet January 10, 2007
Posting of notice on property January 10, 2007
Publishing of notice in newspaper January 18, 2007
Posting of notice m three public places January 29, 2007
The heanng was contmued to February 22, 2007 at the request of the
applicant/petstioner
Environmental Review. Street vacations are categoncally exempt from SEPA
review m accordance with WAC 197- 11- 800(2)(h) and Chapter 6 88 of the
Yakima Municipal Code.
Robert Bader 3
Vacation of Street Right -of -Way
320 Englewood Crest Court DO
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Transportation Capacity Management Ordinance. A traffic study is not
required for this street nght -of -way vacation.
Zoning and Land Use. Pubhc street rights -of -way are not zoned, but after
vacation they have the zoning of the abutting property The street nght -of -way is
currently used for access to applicant/petitioner's single -family residence
Adjacent properties have the following charactenstics
Direction Zoning Land Use
North R -1 Single - Family Residential
Southeast R -1 Vacant, undeveloped
Southwest R -1 Single- Family Residential
West R -1 Single - Family Residential
East R -1 Single - Family Residential
Development Services Team. A Development Services Team meeting held on
November 29, 2006 to discuss the possible impacts of approval of the street nght-
of -way vacation resulted in the following comments
(i) Water/Imgation. Nob Hill Water Association serves this area. There
are no issues associated with this proposal.
(ii) Wastewater Division. The City will need to maintain a utility easement
for the sewer tine that runs from Viewmont Dnve between Lots 13 and 14, then
along the south line of Lot 10 and into the requested vacated public nght -of -way
(iii) Building Permits /Codes. There are no Codes issues associated with
this proposal.
(iv) City Engineer: There are no Engineenng issues associated with this
proposal. This vacation does not affect Title 12 Standards
(v) Fire. The owners should install a gate system that incorporates either a
"Knox Padlock" or "Knox Electric Gate" to ensure that emergency vehicles can
make access to the property in case of fire or medical emergency The installation
of secunty gates across a fire apparatus access road shall be approved by the fire
chief. Where secunty gates are installed they shall have an approved means of
Robert Bader 4
Vacation of Street Right -of -Way
320 Englewood Crest Court DOC
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emergency operation. The secunty gates and the emergency operation shall be
maintained operational at all times
(vi) Traffic Engmeenng. There are no traffic- related issues associated with
this proposal
Cnteria for the Vacation of Street Right -of -Way. City policy provides the
following specific cntena to be considered m determining the propnety and
requisites of street or alley nght -of -way vacations
1. Public Benefit and Reasons Supporting the Proposed Vacation and
the Limits of the Proposed Vacation. The proposed vacation would allow a
dead -end 20- foot -wide 100- foot -long nght -of -way serving two lots to become a
pnvate dnveway so as to thereby relieve the City of maintenance responsibilities
and return the property to the tax rolls.
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
so long as the applicant/petitioner procures any needed title insurance, deed(s) or
easement(s) confirimng that the nght -of -way area will become a part of Lot 15 or
that Lot 15 will have a pnvate access easement over the nght -of -way area.
3 Consistency with the Six Year Transportation Improvement Plan,
the Urban Area Comprehensive Plan and other Official City Plans and
Policies. Neither the current Transportation Improvement Plan nor the City's
Comprehensive Plan nor any other official City plan contains an indication of any
future plans for improvements to this unimproved street nght -of -way
4. Consistency with Existing and Anticipated Development in the Area
Based on Zoning, Current Use and Long -Range Plans. There is no anticipated
further development of the area that would need this public street nght -of -way
Access to Lot 14 can better be provided by way of Viewmont Dnve which would
Robert Bader 5
Vacation of Street Right -of -Way
320 Englewood Crest Court �C�
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leave the nght -of -way as an access only for the applicant/petitioner's residence on
Lot 15 which could best be accomplished by a pnvate dnveway However, the
normal consequence of vacation set forth m RCW 35 79 040 would not effectuate
the intent of this particular street right -of -way which was to only serve lots 14 and
15 rather than the lots on each side of the nght -of -way
"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. A 20- foot -wide easement for the existing sanitary sewer
runnmg east and west across the nght -of -way must be reserved by the City of
Yakima and granted by the owner(s) of the vacated property The samtary sewer
line will remain m its current location and language reserving an easement for its
continued use, maintenance and/or replacement will be contained within the
ordinance granting the vacation or will be otherwise provided m the manner
prescribed by the City
6. Fair Market Appraisal and Compensation to the City
Compensation to the City is not necessary under City Resolution D -5630 because
the City has neither purchased, maintained nor unproved the street nght -of -way
proposed for vacation, and no planned or anticipated public purpose exists for
mamtaining that street nght -of -way area.
CONCLUSIONS
1 The Heanng Examiner has lunsdiction by virtue of Subsection 1 43 080(H)
of the Yakima Municipal Code to conduct open record pubhc hearings regarding
Robert Bader 6
Vacation of Street Right -of -Way
320 Englewood Crest Court
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petitions and resolutions to vacate streets, alleys and public nghts -of -way and to
make recommendations to the City Council relative thereto
2 Public notice requurements for a street vacation have been completed m
accordance with applicable statutory and ordinance requirements.
3 SEPA review was not required because street nght -of -way vacations are
categoncally exempt from SEPA review
4 A traffic analysis report was not required for this vacation request.
5 No properties will be denied access to the public street system as a result of
this vacation so long as the applicant/petitioner retains or procures a continued
means of access to his residence following the 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 The five cntena governing the approval of nght -of -way vacations have all
been satisfied.
8 Fair market compensation to the City is not required in this situation by City
Resolution D -5630
RECOMMENDATION
The Hearing Examiner recommends to the Yakima City Council that the 20-
foot -wide street nght -of -way described in the apphcation/perition designated
UAZO R/W VAC #4 -06, SHOULD BE VACATED subject to the following
conditions which shall be satisfied by the applicant/petitioner m the manner
prescribed by the City
1) A utility easement that is twenty feet wide or is of a width otherwise
required by the City of Yakima shall be established and maintained for the
Robert Bader 7
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320 Englewood Crest Court DOC
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use, maintenance and/or replacement of the existing sanitary sewer line
within the vacated area.
2) If the vacated area is gated m the future, a "Knox Padlock" or "Knox
Electric Gate" approved by the fire chief shall he installed and maintained
operational at all times to ensure that emergency vehicles can access the
property m case of a fire or medical emergency
DATED this 8 day of March, 2007
Gary M. C uillier, Hearing Examiner
Robert Bader 8
Vacation of Street Right -of -Way
320 Englewood Crest Court DOG
UAZO R/W Vac #4 -06 1NDEA
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CITY OF YAKIMA, WASHINGTON ! 11_1111 Annexation Notices
I FILE NO R/W #4-06 x
APPLICANT Robert Bader At
T REQUEST Vacate Right- of-Way Subject Site
i LOCATION 320 Englewood Crest Ct ( ti.1 `,'.
P ARCEL NUMBER(S):181319114 91 i yak _li = 400:4"1": Vey
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CITY Of YAKIMA - CODES DI ORD $44 96 Yakima Co) WA