HomeMy WebLinkAbout2006-054 Right-of-Way Vacation, Vicinity of 74th Ave North of Englewood; J & R Enterprises '- r
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Yakima City Clerk
129 North Second Street
Yakima, WA 98901
Document Title Ordinance No. 2006 -54
Street Right -of -Way Vacation /a portion of the east 20 feet of the North
74 Avenue right -of -way north of Englewood Avenue
Grantor City of Yakima
Grantee J & R Enterprises
ABBREVIATED LEGAL DESCRIPTION:
That portion of the right -of -way between Tracts 28 and 37 in the Plat of YAKIMA
ORCHARD HIGHLANDS CO'S ORCHARD TRACTS AS RECORDED in Volume "E" of
Plats, page 31, records of Yakima County, Washington,
All that right -of -way lying between Tracts 37 and 38, that portion of the nght -of -way lymg
between Tract 44 in the Plat of YAKIMA ORCHARD HIGHLANDS CO'S ORCHARD
TRACTS as recorded in Volume "E" of Plats, page 31, records of Yakima County,
Washington, AND extending to the South line of Tracts 27 and 28 in said subdivision,
That portion of the right-of-way lying between Tract 44 in the Plat of YAKIMA ORCHARD
HIGHLANDS CO'S ORCHARD TRACTS as recorded in Volume "E" of Plats, page 3f,
records of Yakima County, Washington, AND Lots 2 and 3 in Short Plat No 81 -181
recorded under Auditor's File No 2630340 AND Lot 2 in Short Plat No 81 -62 recorded
under Auditor's File No 2615549, records of Yakima County, Washington.
PARCEL NUMBER: 181317
- -� _T— lir
II II fl I 011 3
Page 0 of
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CITY OF YAKIMA PLANNING ORD 0 00 Yakima Co, WA
ORDINANCE NO. 2006 — 54
AN ORDINANCE relating to land use, vacating a certain portion of street right -of -way
identified as a portion of an undeveloped street right -of -way lying along
the Westerly line of Tracts 37 and 44 in the Plat of YAKIMA
ORCHARD HIGHLANDS CO'S. ORCHARD TRACTS as recorded in
Volume "E" of Plats, page 81, records of Yakima County, Washington
described as follows: Beginning at the Northwest corner of said Tract
37, thence South, along the West line of said Tracts 37 and 44, 810.20
feet; thence West 20 feet; thence North, 810.20 feet; thence East 20 feet,
to the Point of Beginning.
WHEREAS, by application dated March 10, 2006, J &R Enterprises requested a vacation
of a portion of an undeveloped platted City of Yakima right -of -way running north and south
along the Westerly line of Tracts 37 and 44 in the Plat of YAKIMA ORCHARD HIGHLANDS
CO'S. ORCHARD TRACTS, 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, J &R Enterprises, 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 October 11, 2006 the Hearing Examiner issued Hearing Examiner's
Recommendation regarding UAZO R/W VAC #1 -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 November 7, 2006, 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 critena of RCW Chapter 35 79, together with the City of
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596833
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CITY OF YAKIMA PLANNING 'ORD $65 08 Yakima Co, WA
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 YA)KIMA:
Section 1 A portion of the undeveloped platted street right -of -way running north
and south along the Westerly line of Tracts 37 and 44 in the Plat of YAKIMA ORCHARD
HIGHLANDS CO'S. ORCHARD TRACTS, 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 #1 -06) regarding this right -of -way
vacation are hereby adopted by the City Council as its fmdings, 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 J &R Enterprises' satisfaction of the following conditions, as stated on page 11 of
the Hearing Examiner's Recommendation:
a. The applicant submit the legal description of the area to be vacated that has been
prepared by its surveyor to the Planning Division prior to the City Council's
consideration of this recommendation.
b. That Mr Loveless submit a title report confirming his ownership of parcel
#181317-34426 formerly owned by the Vander Houwen family to be served by
the new access through the revised plat of Englewood West prior to the City
Council's consideration of this recommendation.
Section 4. SeverabiI ty 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.
[I
7596833
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CIT OF YRK IMR PNORD 165 00 Yakima Co, WA
Section 5. This ordinance shall be in full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter
PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this
7th Day of November , 2006
///
. � , /,
I. i
a dler, Mayor
ATTEST y �
_ p., 4
U i : ' X it 'i
'
City Clerk rs'
Publication Date: 11 -10 -2006 Effective Date: 12 -10 -2006
1 -r - IIiir - -Ir
7 9a3 9 2 9 2 6 /2 84 99 3 8 3 03 24 33P
CITY OF YAKIMA PLANNING 01ORD $65 00 Yakima Co, WA
mtc.,E1V ;..:
MAR I 0 2006
CITY OF "
LEGAL DESCRIPTION OF RIGHT OF WAYS REQUESTED TO BE VACATED �A►�NrrrM
1 That portion of the right of way lying between Tracts 28 and 37 in the Plat of YAKIMA
ORCHARD HIGHLANDS CO'S ORCHARD TRACTS as recorded in Volume `E" of
Plats, page 31, records of Yakima County, Washington, described as follows.
Beginning at the Northwest corner of said Tract 37, thence East, along the North line
thereof 462 feet; thence North 40 feet, to the South line of said Tract 28, thence West,
along the South line thereof, 462 feet; thence South 40 feet to the Point of Beginning.
2. All that nght of way lying between Tracts 37 and 38 in the Plat of YAKIMA ORCHARD
HIGHLANDS CO'S ORCHARD TRACTS as recorded in Volume "E" of Plats, page
31, records of Yakima County, Washington, AND extending to the South line of Tracts
27 and 28 in said subdivision, described as follows.
Beginning at the Southwest corner of said Tract 37, thence North, along the West line
thereof and said West line extended, to the South line of said Tract 28, thence West,
along the South line of said Tracts 28 and 27, 40 feet; thence South, along the East hne of
said Tract 38 and the Northerly extension of said line, to the Southeast corner thereof;
thence East 40 feet to the Point of Beginning.
3 That portion of the right of way lying between Tract 44 in the Plat of YAKIMA.
ORCHARD HIGHLANDS CO'S ORCHARD TRACTS as recorded in Volume `E" of
Plats, page 31, records of Yakima County, Washington, AND Lots 2 and 3 in Short Plat
No 81 -181 recorded under Auditor's File No 2630340 AND Lot 2 in Short Plat No 81-
62 recorded under Auditor's File No 2615549 records of Yakima County, Washington
described as follows:
Beginning at the Northwest corner of said Tract 44, thence South, along the West line
thereof 350 feet; thence West, 50 feet, to the East line of said Short Plat 81 -62, thence
North, along said East hne and the East line of said Short Plat 81 -181, 350 feet to the
Northeast corner of Lot 2 in said Short Plat 81 -181, thence East 50 feet to the Point of
Beginning.
DOC
INDEX
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CITY OF YAKIMA PLANNING 1,1AO X65 00 Yakima Co, WA
F'E'D E6VE)
OCT 1 "I ),r6
City of Yakima, Washington CITY 01- YAKiiMA
Hearing Examiner's Recommendation PliNM►NG DIV
October 11, 2006
In the Matter of an Application for Vacation )
Of Street Right -of -Way Submitted by: ) UAZO RIW VAC # 1 -06
Petition # 6 -06
J & R Enterprises )
To Vacate a Portion of North 74 Avenue )
Right -of -Way North of Englewood Avenue )
Introduction. The chronology of the hearing process relative to this request to
vacate public right -of -way on North 74 Avenue north of Englewood Avenue can co a m 3
be summanzed as follows a) N
QD
1) The Hearing Examiner conducted a hearing on August 24, 2006 After a` z
f■gi m}
the Petitioner's representative, Chuck Johnson, withdrew his support of his own
petition at the hearing due to the opposition of property owners abutting a portion
of the west side of the nght -of -way in question, the Heanng Examiner announced
at the hearing that under the circumstances he would be recommending denial of
the requested nght -of -way vacation.
2) On the tenth business day \ after the August 24, 2006 heanng, the
Examiner was provided a copy of a letter dated September 8, 2006 from Paul
Williams, attorney for property owners abuttmg part of the west side of the subject cc
right -of -way, to Supervising Planner Bruce Benson requesting that the record be
La-
reopened to add additional information regarding a possible resolution of access °
issues that appeared to be nearing completion. The Heanng Examiner was open to ""
changing his announced negative recommendation if the access issues comprising
J & R Enterpnses 1 Filed
Vacation of Street Right- of -Wav Hearing Examiner
North 74 Ave. n. of Englewood I u - I (- 0
R/W Vac #I -06 Petition #6 -06 EMI # �� - Date L "
File #1./w VAC- " f .
the basis for the opposition of abutting owners could be resolved because that
would dispense with the need for a remand from the City Council to take
additional testimony or the need for processmg a new petition due to that change
m circumstances Because of the time, expense and effort that would be saved if
m fact such a resolution were reached between the petitioner and other abutting
owners that would warrant a favorable recommendation, the Hearing Examiner
after discussion with Mr Williams and Mr Benson issued an Intenm Decision
dated September 8, 2006 requesting that the Planning Division notify the parties of
record of a reopened hearing in this matter on September 14, 2006 to hear
argument from any and all interested parties on the following issues
1) Whether the record should be reopened for admission at the
heanng on that date of a binding written agreement between the petitioner
and the other abutting property owners who have expressed opposition to
this petition which satisfies the access requirements of the City for their
respective properties?
2) Whether the record should also be reopened for admission at the
hearing on that date of testimony supporting a favorable rather than j co
co cc
negative recommendation to the Yakima City Council regarding this nght- co 0-1 t
of -way vacation request due to the changed circumstances resulting from te - m a
such agreement? (o N ti
CDacu_•
1C) •
a heanng argument from those present, the Hearing Examiner did reopen the
record to allow a 3 - page submittal to be mcluded in the record. Two pages of that
submittal consisted of a letter dated September 11, 2006 from Mr Lany M.
0
Loveless to the attention of Mr Chuck Johnson of J & R Enterpnses with a map ! o
explaining and showmg in rough fashion a proposed form of alternate access to
the Vander Houwen property that would allow for a favorable recommendation to CD
the City Council as to vacation of a portion of the existing City right -of -way for
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North 74` Avenue north of Englewood Avenue The third page of the submittal
CC
was a letter dated September 14, 2006 from Mr Chuck Johnson to Mr Larry
J & R Enterpnses 2
Vacation of Street Right- of -Wav . rte
North 74 Ave n. of Englewood
R/W Vac #1-06 Petition #6 -06 INDEX
# 4 A - :3
Loveless agreeing to the terms of the offer so long as Mr Loveless would bear
costs associated with the alternate access and utilities from the Englewood West
plat to the Vander Houwen property m a timely manner Those submittals were
admitted into the record as Exhibits I -8, I -9 and I -10
3) Mr Paul Williams and the Vander Houwen family members requested
that a favorable recommendation to the City Council not be made on this request
unless and until J & R Enterpnses modified its plat so as to show the road
dedication for satisfactory alternate access on the plat and unless and until Mr
Loveless closed his agreement to purchase, the Vander Houwen property The
Examiner agreed to delay his recommendation on this matter until those
conditions were satisfied.
4) On September 29, 2006 the Exammer received information from the
Planning Division indicating that the satisfaction of those conditions in a manner
satisfactory to the City may be forthcoming and that the hearing should be
continued on October 5, 2006 to determine whether the conditions have been met
and whether a favorable recommendation should be issued for consideration by
the City Council at its October 17, 2006 meetmg. The Examiner issued a second
c,-) 3 cot
mtenm decision requesting notice of that continued hearing be given. Mr � °° m
t0 `�
a C -1
Benson, Mr McBride and Mr Cutter were present on October 5, 2006 and io sti
tia mr
indicated that the conditions were not yet satisfied, but probably would be satisfied
before October 9, 2006 The hearing was therefore continued to October 9 to
determine then if the conditions for a favorable recommendation were satisfied.
5) At the heanng on October 9, 2006, Mr Loveless testified that his o
purchase of the Vander Houwen property had closed, that he had procured an
agreement with a neighbonng property owner for property needed for the alternate
access and that Mr Johnson had agreed to allow access to the Loveless property CC
CC
that was acceptable to him through a portion of the Englewood West plat. Mr
Loveless submitted a copy of the portion of the plat of Englewood West that r
J & R Enterprises 3 r
Vacation of Street Right -of -Way DOC.
North 74 Ave n. of Englewood INDEX
R/W Vac #1 -06 Petition #6 -06
# AA -3
showed revisions for access to the Vander Houwen property which Mr Johnson
had had prepared and a letter to Mr Johnson dated October 6, 2006 detailing their
understandmg. Although that letter is probably intended to state that the property
west rather than east of Lots 20 and 21 would be deeded to Mr Loveless, Mr
Johnson expressed agreement with the revisions in the plat of Englewood West
and the terms set forth in Mr Loveless' letter They were admitted into evidence
as Exhibits I -12 and I -13 respectively Mr Benson indicated that the City believes
that these revisions to the plat of Englewood West are a good solution to the
access problems that otherwise would exist and recommended approval of the
request to vacate the eastern 20 feet of the North 74 Avenue right -of -way from
the north side of the new access for the Loveless property to the northern boundary
of the Englewood West plat with the understanding that the entire 20 feet would
become part of the property in that plat from which that nght -of -way ongmated
and subject to the condition that pnor to the City Council's consideration of this
recommendation Mr Loveless would submit a title report confirming for the
record that he has become the owner of the Vander Houwen property and Mr
Johnson would submit his surveyor's legal descnption for the property to be ti cc
vacated north of the new access to the Loveless property The Examiner indicated co., m
that he would recommend favorable consideration of this request by the City CI)
In m
Council for that portion of the right -of -way on those conditions r•• ° m '
Summary of Recommendation. The Hearing Examiner recommends approval
of this request for vacation of the portion of the east 20 feet of the North 74 °
a
r ®
Avenue right -of -way north of the new access for the Loveless property through the
plat of Englewood West on the condition that the area to be vacated is legally CD
MIIMEMMI
described by the surveyor for J & R Enterpnses and the title report confirming
-
}
J & R Enterpnses 4 °
Vacation of Street Right -of -Way DOC
North 74 Ave n. of Englewood INDEX
R/W Vac 41 -06 Petition #6 -06
# A -3
,'I6
ownership of the Vander Houwen property in Mr Loveless is submitted pnor to
the City Council's consideration of this recommendation.
Basis for Recommendation. Based upon a view of the site without anyone else
present on August 23, 2006, the staff report, exhibits, testimony and evidence
presented at an open record public hearing that was commenced and continued
from August 24 to September 14 to October 5 to October 9, 2006, 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 Heanng Examiner makes the following
FINDINGS
Applicant. The applicant is J & R Enterpnses, 7300 West Englewood Avenue,
Yakima, Washington 98908 ti M
CE
Location. The location of the proposed vacation of the east 20 feet of the North � @ m
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0")a a�u -�
74 Avenue nght -of -way is north from the north edge of the new access for the ti ti
1\a_ m }
Loveless property to the north boundary of the Englewood plat as shall be legally m
described by the surveyor for J & R Enterpnses
Notices. The Yakima City Council set August 24, 2006 as the date for the public =�
hearing regarding this request for vacation of nght -of -way by Resolution No R-
2006-75 on August 1, 2006 in accordance with RCW 35 79 010 Notices were
given more than twenty days before the heanng. Notice of the hearing was posted EL
amommml
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on the right -of -way to be vacated, was posted in three public places and was
}
J & R Enterpnses 5 °
I
Vacation of Street Right-of-Way DOC. �,-
North 74 Ave n. of Englewood INDEX
R/W Vac #1 -06 Petition #6 -06
# A A -3
mailed to all owners abutting the street nghts -of -way to be vacated as required by
RCW 35 79 020 Notice also was given in addition to the minimum legal
requirements. Notice of the hearing was given as follows
Posting of notice on property May 5, 2006, venfied August 1, 2006
Mailing of notice to property owners May 5 2006 & July 19, 2006
Publishing of notice in newspaper May 5, 2006 & July 19, 2006
Posting of notice m three public places May 5, 2006 & August 1, 2006
Environmental Review. Street vacations are categoncally exempt from SEPA
review in accordance with WAC 197- 11- 800(2)(h) and Chapter 6 88 of the
Yakima Municipal Code
Transportation Capacity Management Ordinance. This request is an
exempt activity under the Transportation Capacity Management Ordmance
a_
Background. Public records indicate that the nght -of -way proposed for vacation M
i
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was dedicated m 1907 by the Plat of Yakima Orchard Highlands Co 's Orchard c+)- m a
Tracts recorded in Volume "E" of Plats, Page 31, records of Yakima County, 0) a ga
ir) s x
Washington. Without an access through the plat of Englewood West, the Loveless na m}
property to the west which is parcel # 181317 -34426 would need the nght -of -way
for access to a proposed subdivision on that property that is being processed by
Yakima. County
Zoning and Land Use. The applicant's property adjoining the subject right -of-
CD
way is in the Single - Family Residential (R -1) zoning district and is being s
developed as a single -family residential subdivision that would utilize the vacated
CC
2
}
11••■•■
J & R Enterprises 6
Vacation of Street Right- of -Wav DOC
North 74 Ave n. of Englewood INDEX
R/W Vac # 1 -06 Petition #6 -06 #
A 3
,S3
;8
area as part of the lots along the west side of the subdivision. Adjacent properties
arras
have the following characteristics;
Direction Zoning Land Use
North SR/R -1 Ag/Residential
South R -1 Residential
East R -1 Residential
West SR/R -1 Ag/Residential
Development Services Team. A Development Services Team meeting was
held on April 4, 2006 to discuss the possible impacts of approval of the requested
right -of -way vacation. The comments included the following observations
(i) Engineering Division. The slope of the property proposed for vacation
would be no greater than 15 %. If the nght -of -way is vacated without an alternate
means of access for Parcel #181317-34426, it could effectively be landlocked
because the only other access from Scenic Dnve has significant slope problems.
The Engineering Division recommended denial of the vacation request unless
impairment of access to nearby properties can be avoided.
(u) Wastewater Division. There were no wastewater concerns regarding M
this project. The nearest sewer manhole is located at the proposed entry to the C
subdivision at 74 Avenue and Englewood. co ° GD
W
cu m
(iii) Stormwater Engmeenng The City cannot vacate the above mentioned c o
road right -of -way unless another access is provided to Parcel #181317-34426 rn a .�
m��ry
through the Englewood West development. To extend a road west of the proposed na m r
new alignment of North 74 Avenue would resolve this issue
(iv) Traffic Engmeenng: The Amencan Association of State Highway & m
Transportation Officials (AASHTO) recommends designing for as flat a street as s
possible Where adjacent sidewalks are present, a maximum grade of 5% is
recommended to meet ADA requirements AASHTO's recommended maximum
grades for urban collectors specifies a maximum grade of 9% for a design speed of °
25 mph for level terrain, 12% for rolling terrain and 14% for mountainous terrain.
At present there are several streets within the City that exceed 14% slope such as
Fechter Road, North 66 Avenue, Englewood Avenue and Pecks Canyon Road.
(v) Nob Hill Water Nob Hill Water does not occupy any portion of this GE
right -of -way and does not see the need to do so m the future The plat is already
CC
covered by fire hydrant service with an existing hydrant at the northwest corner of
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the development. >-
iI■1I■
J & R Enterpnses 7 DGC
Vacation of Street Right -of -Way INDEX
North 74 Ave n. of Englewood
R/W Vac #1-06 Petition #6 -06 R 4 4 3
Criteria for the Vacation of Street Rights -of -Way. City policy provides the
followmg specific cntena to be considered in determmmg the propnety and
requisites of street 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 the
development of nght -of -way areas as part of the applicant's residential lots in the
Englewood West plat. The plat will benefit the public by providing mfill of this
vacant property by development of a residential subdivision. The vacation of the
nght -of -way will allow the lots to be larger than otherwise The topography of the
terrain precludes the practical use of the nght -of -way recommended for vacation
as access, and the property to the west can be better accessed by connecting with
the realignment of North 74 Avenue within the plat of Englewood West.
2. Necessity for the Right - of - Way as Access to Property. With the
revision of the Englewood West plat so as to provide access to the Loveless parcel "'
M om 3
to the west, approval of the request would not eliminate the sole means of access
t0 ti ti
to any parcel of property a .�
In ac`x
No_ - }
3 Consistency with the Six Year Transportation Improvement Plan, m
the Urban Area Comprehensive Plan and other Official City Plans and
Policies. The subject right-of-way is currently undeveloped and is not included in
the City's Six Year Transportation Improvement Plan. There are no plans for
improvement of the nght -of -way in any of the City's plans or policies. CO
a
INIMEmmi
IMMEMMEMI
4. Consistency with Existing and Anticipated Development in the Area IMMEMINM cc
Based on Zoning, Current Use and Long -Range Plans. Although street nghts-
i
J & R Enterpnses 8 c�
Vacation of Street Right -of -Way DO C
North 74 Ave n. of Englewood INDEX
R/W Vac #1-06, Petition #6 -06
of -way are not zoned, upon their vacation they are zoned the same as the
contiguous property The applicant's proposed residential subdivision is in the
Single- Family Residential (R -1) zoning district. Use of the vacated area to
increase the size of residential lots that would be permitted outright as a Class (1)
use on the property would be compatible with zoning and long range plans for this
area because infill is encouraged within the City limits. Furthermore, all of the
street nght -of -way recommended for vacation should be allowed to be used for the
applicant's Englewood West residential lots Since all the property to be vacated
was ongmally part of the Plat of Yakima Orchard Highlands Co 's Orchard Tracts
now owned by the applicant, it all should be returned to that plat which has now
been altered into the Englewood West plat. The following general provision of
RCW 35 79 040 should not be applied in this case
a_
"35.79.040 Title to vacated street or alley. If any street or alley in any city N M
or town is vacated by the city or town council, the property within the limits (,) Q 3
so vacated shall belong to the abutting property owners, one -half to each." �^ m
co ti
. ■
Since here the property to the west of the nght -of -way to be vacated is also nght- na @ }
of -way, the effect of applying this general statute would be to allow 10 rather than `i m
20 feet of the nght -of -way to be vacated. Since all the east 20 feet of the subject
street right -of -way dedicated m 1907 were originally a part of the Plat of Yakima
Orchard Highlands Co 's Orchard Tracts without any contribution from adjacent
properties, the followmg provision of RCW 35 79.212 relative to the vacation of a
portion of a subdivision should apply here by analogy because that ongmal plat is
being replaced by the plat of Englewood West:
"When the road or street that is to be vacated was contained wholly withm
the subdivision and is part of the boundary of the subdivision, title to the °
vacated road or street shall vest with the owner or owners of property
contained within the vacated subdivision."
J & R Enterpnses 9
Vacation of Street Right- of -Wav DOC
North 74 Ave n. of Englewood INDEX
R/W Vac #1-06, Petition #6 -06
.AA -
5. Provisions for Relocation of Existing Utilities or Easements for
Existing Utilities. No existing public or private utilities or other improvements
are located within the right -of -way areas proposed for vacation.
6. Fair Market Appraisal and Compensation to the City
Compensation to the City is not required under City Resolution D -5630 because
the City has neither purchased, maintained nor made any improvements to the
portions of the right -of -way recommended for vacation, and no planned or
anticipated public purpose exists for maintaining this nght -of -way area.
CONCLUSIONS
1 The Hearing Examiner has junsdiction and authonty by virtue of
Subsection 1 43 080(H) of the Yakima Municipal Code to conduct open record
public hearings regarding petitions and resolutions to vacate streets and public
CO CC
rights -of -way and to make recommendations to the City Council relative thereto M ,,., m o
co —• @ U
2 All public notice requirements for a street vacation have been completed in
u7 ti ~. ry
accordance with applicable statutory and ordinance requirements tia
3 SEPA review was not required because street right -of -way vacations are - ® -m-
categorically exempt from SEPA review
4 A traffic analysis report is not required for the requested nght -of -way
vacation under the Transportation Capacity Management Ordinance
5 No properties will be denied access to the public street system as a result of
thi vacation.
cE
6 This request for vacation does not conflict with any planned street
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improvement projects or other plans or projects of the City of Yakima. Y
J & R Enterpnses 10 DOS
Vacation of Street Right -of -Way 1NDEY
North 74` Ave n. of Englewood
R/W Vac #1 -06 Petition #6 -06 q A - 3
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
9 Since the dedicated nght -of -way ongmally was a part of the platted
property now owned by the applicant, all of the vacated property should become a
part of applicant's property rather than be shared with adjacent properties
RECOMMENDATION
The Hearing Examiner recommends to the Yakima City Council that the
portion of the east 20 feet of the North 74 Avenue right -of -way north of the new
access for the Loveless parcel #181317-34426 through the plat of Englewood
West SHOULD BE VACATED so that title to the entire easterly 20 -foot width of
said portion of nght -of -way is vested in the applicant who now owns the portion
of the plat where all of the vacated street nght -of -way onginated without any
contribution from adjacent properties, subject to the following conditions
1) That the applicant submit the legal description of the area to be vacated
that has been prepared by its surveyor to the Planning Division prior to the City
Council's consideration of this recommendation.
2) That Mr Loveless submit a title report confirming his ownership of
parcel #181317-34426 formerly owned by the Vander Houwen family to be served
by the new access through the revised plat of Englewood West pnor to the City
Council's consideration of this recommendation.
DATED this 11 day of October, 2006
Gary M. Cuillier, Hearing Examiner
J & R Enterpnses 11
Vacation of Street Right -of -Way DOC
North 74 Ave n. of Englewood INDEX
R/W Vac #1-06 Petition #6 -06
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CITY OF, YAKIMA PLANNING ORD $65 00 Yakima Co, WA
City of Yakima, Washington
Hearing Examiner's Second Interim Decision
September 29, 2006
In the Matter of an Application for )
Vacation of Right -of -Way Submitted by ) UAZO R/W VAC # 1 -06
) Petition #6 -06
J & R Enterprises )
)
To Vacate an Unimproved Portion of )
North 74 Ave. north of Englewood Ave. )
Introduction. The chronology of the hearing process to this point relative to this
request to vacate public nght -of -way on North 74 Avenue north of Englewood
Avenue can be summarized as follows
1) On the tenth business day after the Hearing Examiner conducted the
August 24, 2006 hearing, he was provided a copy of a letter dated September 8,
2006 from Paul Williams, attorney for property owners abuttmg part of the west
side of the subject nght -of -way, to Supervising Planner Bruce Benson requesting
that the record be reopened to add additional information regarding a possible
resolution of access issues that appeared to be nearing completion. The new
information had the potential of changing the Examiner's intention announced at
the hearing to recommend denial of the requested right -of -way vacation.
2) Based on that letter and telephone discussions with Mr Williams and
Mr Benson, the Hearing Examiner by Interim Decision dated September 8, 2006
requested that the Planning Division notify the parties of record of a reopened
hearing m this matter at 9 a.m. on Thursday, September 14, 2006 m the City
Council Chambers at Yakima City Hall to hear argument from any and all
J & R Enterpnses 1 7—'^ Filed
Vacation of Right -of -Way
74 Ave no of Englewood "'•I Examiner
UAZO R/W Vac #1 -06
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CITY OF YAKIMA PLANNING IIORO $65 00 Yakima Co, WA
interested parties on the followmg limited and specific topics and to reopen the
record if warranted by the answers to the followmg questions
1) Whether the record should be reopened for admission at the
hearing on that date of a binding wntten agreement between the petitioner
and the other abutting property owners who have expressed opposition to
this petition which satisfies the access requirements of the City for their
respective properties?
2) Whether the record should also be reopened for admission at the
hearing on that date of testimony supportmg a favorable rather than
negative recommendation to the Yakima City Council regarding this nght-
of -way vacation request due to the changed circumstances resulting from
such agreement?
After hearing argument from those present, the Hearing Examiner did reopen the
record to allow a 3 -page submittal to be included m the record. Two pages of that
submittal consisted of a letter dated September 11, 2006 from Mr Larry M.
Loveless to the attention of Mr Chuck Johnson of J & R Enterpnses with a map
explaining and showing m rough fashion a proposed form of alternate access to
the Vander Houwen property that would allow for a favorable recommendation to
the City Council as to vacation of a portion of the existing City nght -of -way for
North 74 Avenue north of Englewood Avenue The third page of the submittal
was a letter dated September 14, 2006 from Mr Chuck Johnson to Mr Larry
Loveless agreeing to the terms of the offer so long as Mr Loveless would bear
costs associated with the alternate access and utilities from the Englewood West
plat to the Vander Houwen property m a timely manner
3) Mr Paul Williams and the Vander Houwen family members requested
that a favorable recommendation to the City Council not be made on this request
unless and until Mr Williams receives a copy of J & R Enterpnses' modified plat
showing the road dedication for alternate access on the plat to their satisfaction
J & R Enterprises 2
Vacation of Right -of -Way
74 Ave. no of Englewood
UAZO R/W Vac #1 -06
0 II 0 II 11111 111 7 596833
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CITY OF YAKIMA PLANNING j+ ORD X85 00 Yakima Co, WA
and unless and until Mr Loveless closes his agreement to purchase the Vander
Houwen property The Examiner agreed to delay his recommendation on this
matter until those conditions were satisfied.
4) This date the Examiner received information from the Planning Division
that the satisfaction of these conditions m a manner satisfactory to the City may be
forthcoming and that a hearing should be set for Thursday, October 5, 2006 at 9 00
a.m. to avoid further delay m this matter and to finally determine whether or not
the conditions have been met to the satisfaction of all interested parties and
whether a favorable or a negative recommendation should be issued for
consideration by the City Council at its October 17, 2006 meetmg. In order to
accept any further evidence for the record and to hear any further arguments as to
the appropriate recommendation to be made, the Examiner issues the following:
Interim Findings, Conclusions and Decision regarding Reopened
Hearing on Conditions Pertinent to Recommendation. In the interest of a
timely and efficient determination of this matter, the Examiner requests that the
Plannmg Division notify the parties of record of a reopenmg of the hearing m this
matter to commence at 9.00 a.m. on Thursday, October 5, 2006 in the City
Council Chambers at Yakima City Hall m order to determine whether or not the
conditions for a favorable recommendation have been met to the satisfaction of all
interested parties and whether a favorable or a negative recommendation on this
nght -of -way vacation request should be issued for consideration by the City
Council at its October 17, 2006 meetmg.
DATED this 29 day of September, 2006
Gary M. Cuillier, Hearing Examiner
J & R Enterprises 3
Vacation of Right -of -Way DOC
74` Ave no of Englewood INDEX
UAZO R/W Vac #1 -06
# A ,4 -,_
- 1 -I- HR(] r
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- - -
City of Yakima, Washington
Hearing Examiner's Interim Decision
September 8, 2006
In the Matter of an Application for )
Vacation of Right -of -Way Submitted by ) UAZO R/W VAC # 1 -06
) Petition #6 -06
J & R Enterprises )
)
To Vacate an Unimproved Portion of )
North 74`" Ave. north of Englewood Ave. )
Introduction. The Heanng Examiner conducted a public heanng on August 24,
2006, and has since been provided a copy of a letter dated September 8 2006 from
Paul Williams, attorney for property owners abutting part of the west side of the
nght -of -way, to Supervising Planner Bruce Benson requesting that the record be
reopened to add additional information regarding a resolution of access issues that
appears to be nearing completion Based on that letter and telephone discussions
with Mr Williams and Mr Benson, the Hearing Examiner makes the following.
Interim Findings, Conclusions and Decision regarding Consideration of
w
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Request to Reopen the Record. After the Petitioner's representative, Chuck MCC
c no,m3
Johnson, withdrew his support of his own petition at the heanng due to the cow m
opposition of property owners abutting a portion of the west side of the nght -of- rn a ti
m r
way in question, the Heanng Examiner announced at the hearing that under the
circumstances he would be recommending denial of the requested right -of -way
vacation. However, if the access issues compnsing the basis for the opposition of
abutting owners can be resolved, the Hearing Examiner would consider changing
J & R Enterprises 1
Vacation of Right- of -Wa)
74 Ave no of Englewood a1 i
UAZO R/W Vac #1 -06 DOC _� - J
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his recommendation without the need for a remand from the City Council to take
additional testimony or the need for processing a new petition due to that change
m circumstances. Because of the time, expense and effort that would be saved if
in fact such a resolution is reached between the petitioner and other abutting
owners that would warrant a favorable recommendation, the Hearing Examiner
requests that the Planning Division notify the parties of record of a reopened,
heanng in this matter at 9 30 a.m. on Thursday, September 14, 2006 in the City
Council Chambers at Yakima City Hall The purpose of the heanng will be to
hear argument from any and all interested parties on the following limited and
specific topics and to reopen the record if warranted by the answers to the
following questions
1) Whether the record should be reopened for admission at the heanng on
that date of a binding written agreement between the petitioner and the other
abutting property owners who have expressed opposition to this petition which
satisfies the access requirements of the City for their respective properties?
2) Whether the record should also be reopened for admission at the hearing
on that date of testimony supporting a favorable rather than negative
recommendation to the Yakima City Council regarding this right -of -way vacation
request due to the changed circumstances resulting from such agreement?
DATED this 8th day of September, 2006
A 7 11 '
Gary M. Cuillier, Hearing Examiner
J & R Enterprises 2
Vacation of Right- of -WaN
74` Ave no of Englewood DOC
UAZO R/w Vac #1-96 INDEY
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VICINITY MAP �a 4:
FILE NO R/W VAC #1-06 +
APPLICANT Chuck Johnson MLR Enterprises / `, Subject Property
REQUEST Right of Way Vacation DOc A v Yakima City Limits
INDEX / v see - iin =aooa
LOCATION 7300 Englewood # 1-\d'")
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CITY Of YAKIMA PLANNING ORD $65 00 Yakima Co, OA
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
ITEM NO.
FOR MEETING OF: November 7, 2006
ITEM TITLE Open Record public hearing for consideration of the Hearing
Examiner's recommendation to vacate a portion of the public right - of - way adjacent
to Parcels 181317 -34427 and 181317 -34426 in the R -1, Single- Family Residential
zoning district located just north of the intersection of N. 74 Avenue and W Englewood
Avenue
SUBMITTED BY William Cook, Director of Community & Economic
Development
CONTACT PERSON/TELEPHONE: Vaughn McBride, Community Development
Specialist
SUMMARY EXPLANATION:
Chuck Johnson of J &R Enterprises has submitted a petition for the vacation of
public right -of -way adjacent to Parcels 181317 -34427 and 181317 -34426 in the
Single- Family Residential (R -1) zoning district located just north of the
intersection of N 74 Avenue and W Englewood Avenue This vacation is being
requested to further facilitate the development of adjoining Tots that are part of
the 80 -lot Englewood West Subdivision.
Resolution _ Ordinance X Contract _ Other (Specify) Hearing Examiner's
recommendation
Funding Source
APPROVAL FOR SUBMITTAL._
City Manager
STAFF RECOMMENDATION Accept Hearing Examiner's recommendation
and adopt ordinance of vacation.
BOARD RECOMMENDATION The City of Yakima Hearing Examiner's
decision was to approve the right -of -way
vacation
COUNCIL ACTION Ordiance passed. ORDINANCE NO. 2006 -54
_i i .
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The Hearing Examiner on August 24, 2006, conducted a public hearing to
consider the petition submitted by J &R Enterprises, and based on staff
recommendation and other evidence presented at the hearing issued an Interim
Decision of denial. Subsequent to the close of this hearing the Hearing Examiner
was requested to reopen the record for the purpose of taking additional
testimony The Hearing Examiner agreed to reopen this hearing on September
14, 2006 During the week of September 25, 2006, the applicant was in
communication with City of Yakima staff to resolve the right -of -way vacation of
North 74 Avenue and stated there was a common agreement between the
adjacent property owners and applicant. The record was kept open to allow for
satisfaction of certain conditions needed for a favorable recommendation to the
City Council The Hearing Examiner recommended the vacation of a portion of
the existing right -of -way on October 11, 2006
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II II II II I 7596833
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