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HomeMy WebLinkAbout2006-038 Right-of-Way Vacation, 1105 North 1st Street; Susan Roark ORDINANCE NO 2006- 38 AN ORDINANCE relating to land use, vacating a certain portion of street right —of -way identified as a portion of portion of an undeveloped platted alley running north and south along several Tots located at 1105 North 1 Street; and approving, with conditions, the recommendation of the Hearing Examiner for the City of Yakima regarding the same, Susan C Roark being identified as the applicant herein WHEREAS, by application dated March 22, 2006, Susan C Roark requested a vacation of a portion of an undeveloped platted City of Yakima right -of -way running north and south between three lots at 1105 North 1 SI Street, abutting the west side of the alley (Lots 5, 6 and 7) and three lots at 1102, 1104 and 1106 North 2nd Street, abutting the east side of the alley (Lots 8, 9 and 10), 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, Susan C Roark, the applicant/petitioner for this right -of -way vacation, owns five of the six lots abutting the property subject to this vacation application, and WHEREAS, on June 8, 2006 the Hearing Examiner for the City of Yakima conducted an open- record public hearing regarding the requested right -of -way vacation, and WHEREAS, on June 22, 2006 the Hearing Examiner issued Hearing Examiner's Recommendation regarding UAZO R/W VAC #2 -06, (the "recommendation ") recommending that a portion of the undeveloped platted alley right -of -way be vacated, said recommendation attached hereto and incorporated herein by this reference as Exhibit "B ", and WHEREAS, at a closed- record public hearing held on August 1, 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 criteria of RCW Chapter 35 79, together with the City of (jc)ord /Roark -R -O -W Vacation 1 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 alley 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 alley right -of -way running north and south between three lots at 1105 North 1 Street abutting the west side of the alley (Lots 5, 6 and 7), and three lots at 1102, 1104 and 1106 North 2nd Street abutting the east side of the alley (Lots 8, 9 and 10), 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 June 22, 2006 Hearing Examiner's Recommendation (UAZO R/W VAC #2 -06) 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 Susan C Roark's satisfaction of the following condition, as stated on page 8 of the Hearing Examiner's Recommendation a. A utility easement that is sixteen 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 and the existing natural gas line within the vacated area. Section 4 Severability• If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance (jc)ord /Roark -R -O -W Vacation 2 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 15 day of August , 2006 a er, Mayor ATTEST City Clerk Publication Date 8 -18 -2006 Effective Date 9 -17 -2006 (jc)ord /Roark -R -O -W Vacation 3 Attachment "A" Legal Description. All that portion of the 20- foot -wide alley within Block 1, Plat of North Second Street Addition to North Yakima, now Yakima, as recorded in Volume "B" of Plats, page 34, records of Yakima County, Washington, lying south of the north boundary hnes of Lots 5 and 10 thereof The area to be vacated can also be described as all that portion of the 20- foot -wide alley between Lots 5, 6 and 7 westerly thereof and Lots 8, 9 and 10 easterly thereof in Block 1, Plat of North Second Street Addition to North Yakima, now Yakima, according to the official plat thereof recorded in Volume "B" of Plats, page 34, records of Yakima County, Washington. The tax parcel numbers abutting this portion of the alley are 181313- 14415 (Lots 5, 6 and 7 at 1105 North 1 Street), 181313 -14418 (Lot 8 at 1102 North 2 nd Street), 181313 -14419 (Lot 9 at 1104 North 2 nd Street) and 181313- 14420 (Lot 10 at 1106 North 2 nd Street) fr Ivy �, City of Yakima, Washington o�T � 2 2 Dearing Examiners Recommendation pt OP y 410y � 0 0ff June 22, 2006 In the Matter of an Application for Vacation ) Of an Alley Right -of -Way Submitted by: ) UAZO R/W VAC # 2 -06 Susan C. Roark (d/b /a Susie's Saloon) ) To Vacate a Portion of Alley Right -of -Way ) East of 1105 North 1st Street, Yakima ) Introduction. The Heanng Examiner conducted a public hearing on June 8, 2006, and has issued this recommendation within ten busmess days thereof. The staff report presented by Assistant Planner Jeff Peters recommended approval of this request to vacate a portion of an undeveloped platted alleyway The apphcant, Susan Roark, 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 portion of an undeveloped platted alleyway Basis for Recommendation. Based upon a view of the site without anyone else present on June 7, 2006, the staff report, exhibits, testimony and evidence presented at an open record pubhc hearing on June 8, 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 Hearmg Examiner makes the following: Susan Roark (d/b /a Susie's Saloon) 1 Filed Vacation of Alley Right -of -Way Hearing E A 2; i n o f East of 1105 North 1' Street UAZO R/W Vac #2 -06 EXH #44:1_ 01 e _ / File # ���� RECEIVED FINDINGS JUN 2 2 2006 CITY OF YAKIMA PLANNING DIV Applicant/Petitioner. The apphcant/petitioner is Susan C Roark, 430 Buffalo Road, Selah, Washington 98942 Location. The location of the proposed vacation of nght -of -way is the portion of a platted alley running north and south between three lots at 1105 North 1 Street which abut the west side of the alley (Lots 5, 6 and 7) and three lots at 1102, 1104 and 1106 North 2n Street which abut the east side of the alley (Lots 8, 9 and 10) Legal Description. The area sought to be vacated can be described as all that portion of the 20- foot -wide alley within Block 1, Plat of North Second Street Addition to North Yakima, now Yakima, as recorded m Volume `B" of Plats, page 34, records of Yakima County, Washington, lymg south of the north boundary lines of Lots 5 and 10 thereof. The area to be vacated can also be described as all that portion of the 20- foot -wide alley between Lots 5, 6 and 7 westerly thereof and Lots 8, 9 and 10 easterly thereof m Block 1, Plat of North Second Street Addition to North Yakima, now Yakima, accordmg to the official plat thereof recorded m Volume `B" of Plats, page 34, records of Yakima County, Washington. The tax parcel numbers abutting this portion of the alley are 181313- 14415 (Lots 5, 6 and 7 at 1105 North 1 Street), 181313 -14418 (Lot 8 at 1102 North 2 Street), 181313 -14419 (Lot 9 at 1104 North 2n Street) and 181313- 14420 (Lot 10 at 1106 North 2nd Street) Application/Petition. The apphcant/petitioner requests the vacation of the portion of an undeveloped platted alley nght -of -way located between three of her Susan Roark (d/b /a Susie's Saloon) 2 Vacation of Alley Right -of -Way East of 1105 North 1' Street DOC, UAZO R/W Vac #2 -06 INDEX lots on the west side and two of her lots plus a lot owned by Leopol d an d' a 2 Francisca Mora on the east side This would allow her to improve an area ■, a : %�� � d /19 North 1 Street and North 2nd Street as a paved parking lot m conjunction with a 0 n% 5,000- square -foot addition to her busmess known as Susie's Saloon located immediately to the south of the proposed parking lot. Notices. By Resolution #R- 2006 -76 adopted on May 2, 2006, the Yakima City Council set June 8, 2006 as the date for a public hearing regardmg this request for vacation of a portion of alley right -of -way Notices were given more than twenty days before the hearmg. Notice of the hearing was posted m a conspicuous place on the nght -of -way to be vacated, was also posted m three public places and was also mailed to all owners abuttmg the alley nght -of -way to be vacated as required by RCW 35 79 020 Notice was given to others m addition to the minimum legal requirements because it was also mailed to the property owners withm 500 feet of the proposed vacation. Notices of the hearmg were given on the following dates Postmg of notice on property May 4, 2006 Posting of notice m three public places May 5, 2004 Mailing of notice to property owners w/i 500 feet May 5, 2006 Pubhshmg of notice m newspaper May 17, 2006 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 Transportation Capacity Management Ordinance. A traffic study is not required for this alley nght -of -way vacation. Susan Roark (d/b /a Susie's Saloon) 3 Vacation of Alley Right -of -Way DO C East of 1105 North 1st Street ! Ni D Ek UAZO R/W Vac #2 -06 # Q r' � � 1 Background. On March 22, 2006, the City of Yakima Department Community and Economic Development received an apphcation/petitiori40 k � ,u06. �4 /4 Susan Roark requesting the vacation of a portion of a platted undeveloped alley Inc? 0474 order to accommodate the expansion of her busmess by allowmg her to add a paved parking lot with curbs, gutters and hghtmg between North 1 Street and North 2nd Street north of her buildmg. The City's records indicate that the right- of-way for this alley was onginally dedicated to the City by the Plat of North Second Street Addition to Yakima on April 9, 1907 Dedication of public nght- of -way to allow the continuation of this alley is lacking on abutting property The City has no future plans for development of this undeveloped right-of-way The petition has been signed by the owner of more than two - thirds of the property abuttmg the portion of alleyway mvolved as required by RCW 39 79 020 because the apphcant/petitioner owns five of the six abuttmg lots, namely lots 5, 6, 7, 9 and 10 of Block 1 of the Plat of North Second Street Addition to North Yakima. The owners of Lot 8, Leopoldo and Francisca Mora of 1102 North 2 Street, did not loin m the apphcation/petition and did not submit any wntten or verbal comment regarding the apphcation/petition. One -half of the width of the portion of the alley that abuts the west boundary lone of their lot would be added to their lot and the rest of the vacated alleyway would be added to the applicant/petitioner's abuttmg lots if the requested vacation is approved. Zoning and Land Use. Adjacent properties have the following charactenstics Direction Zoning Land Use North Central Busmess District Support Busmess /Smgle- Family Home South Central Busmess District Support Business (Susie's Saloon) East Central Busmess District Support Vacant/Single- Family Home West Central Busmess District Support Vacant Susan Roark (d/b /a Susie's Saloon) 4 D ° �C Vacation of Alley Right -of -Way INDEX East of 1105 North ls Street # 4 I UAZO R/W Vac #2 -06 Development Services Team. A Development Services Team meeting � ° i 6.k - 00 6 May 17, 2006 to discuss the possible impacts of approval of the alley nght -of -w y 4'j, vacation resulted m the followmg comments (i) Franchise Utilities There is an existing Cascade Natural Gas natural gas mam withm the alley proposed for vacation which will require an easement to be estabhshed m connection with this vacation. (ii) Wastewater Division. There is an existmg eight -inch sewer lme withm the alley proposed for vacation which will also require a utility easement to be established m connection with this vacation. (ui) City Engineer This vacation is acceptable if a 16- foot -wide utility easement is established for the existmg sewer and natural gas Imes withm this platted right -of -way (iv) Traffic Engmeenng: Transportation Concurrency Review will likely be required upon development. Criteria for the Vacation of Alley Right -of -Way. City policy provides the followmg specific cntena to be considered m determmmg the propnety and requisites of street or alley right -of -way vacations 1. Public Benefit and Reasons Supporting the Proposed Vacation and the Limits of the Proposed Vacation. The proposed vacation would allow the development of the nght -of -way area as a paved parking lot m a limited undeveloped area north Susie's Saloon that would mclude curbs, gutter and hghtmg. This would improve an undeveloped area by eh mmatmg dust and adding aesthetic value It would have a positive impact on the quality of life of those residing and workmg m the vicinity It would also facilitate the expansion of a busmess which would m turn result m pubhc benefit from an economic standpoint. 2. Necessity for the Right - of - Way as Access to Property. Approval of the request would not elmimate the sole means of access to any parcel of property Susan Roark (d/b /a Susie's Saloon) 5 DOC. Vacation of Alley Right -of -Way INDEX East of 1105 North 1 Street I UAZO R/W Vac #2 -06 # 3. Consistency with the Six Year Transportation Improvemen , ‘ 9 ,e the Urban Area Comprehensive Plan and other Official City Plans I I k :q 4 Policies. The current Transportation Improvement Plan does not indicate any ' © 71' future plans for improvements to this alley nght -of -way Smce the proposed vacation would allow a paved parking area to be constructed for a growing business, the vacation would be consistent with the Comprehensive Plan's Artenal Commercial designation and its related policies for surroundmg 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 parking area for the apphcant/petitioner's busmess is m the Central Busmess Distract Support (CBDS) zonmg distract. The parking lot would be consistent with that zoning classification, with the current commercial uses m the area and with long range plans that encourage tnfill withm the City lmuts. RCW 35 79 040 would allow the parking lot 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 m any city or town is vacated by the city or town council, the property within the limits so vacated shall belong to the abuttmg property owners, one -half to each." 5. Provisions for Relocation of Existing Utilities or Easements for Existing Utilities. The existmg samtary sewer and natural gas Imes will remam m their current location and language reserving an easement for their contmued use, maintenance and/or replacement will be retained within the ordmance granting the vacation or will be otherwise provided m the manner prescribed by the City Susan Roark (d/b /a Susie's Saloon) 6 DOC, Vacation of Alley Right -of -Way I NDEX East of 1105 North 1S Street UAZO R/W Vac #2 -06 # A - I 6. Fair Market Appraisal and Compensation to then ity Compensation to the City is not necessary under City Resolution D -5630 1 o,v /` the City has neither purchased, maantamed nor improved the portion of the alle / right -of -way proposed for vacation, and no planned or anticipated pubhc purpose exists for mamtauung that alley nght -of -way area. CONCLUSIONS 1 The Hearing Exammer has jurisdiction by virtue of Subsection 1 43 080(H) of the Yakima Municipal Code to conduct open record public hearings regardmg petitions and resolutions to vacate streets, alleys and pubhc nghts -of -way and to make recommendations to the City Council relative thereto 2 Public notice requirements for a street vacation have been completed m accordance with applicable statutory and ordmance 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. 5 No properties will be denied access to the pubhc 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. Susan Roark (d/b /a Susie's Saloon) 7 Vacation of Alley Right -of -Way DOC East of 1105 North 1S Street INDEX UAZO R/W Vac #2 -06 # - ■ 7 The five cntena governing the approval of nght -of -way vacations h #411y been satisfied. i 4 °/ 006, 8 Fair market compensation to the City is not required m this situation by City Resolution D -5630 9 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. RECOMMENDATION The Heanng Examiner recommends to the Yakima City Council that all that portion of the 20- foot -wide alley within Block 1, Plat of North Second Street Addition to North Yakima, now Yakima, accordmg to the official plat thereof recorded m Volume `B" of Plats, page 34, records of Yakima County, Washington lying south of the north boundary Imes of Lots 5 and 10 thereof, as requested by the application/petition designated UAZO R/W VAC #2 -06, SHOULD BE VACATED subject to the followmg condition which shall be satisfied by the applicant/petitioner m the manner prescribed by the City 1) A utility easement that is sixteen feet wide or is of a width otherwise required by the City of Yakima shall be established and maintained for the use, mamtenance and/or replacement of the existmg sanitary sewer line and the existmg natural gas line within the vacated area. DATED this 22 day of June, 2006 Gary M. Cuillier, Hearing Examiner Susan Roark (d/b /a Susie's Saloon) 8 DOC Vacation of Alley Right -of -Way INDEX East of 1105 North 1s Street UAZO R/W Vac #2 -06 # �� YAKIMA, WASHINGTON AGENDA STATEMENT ITEM NO tt� FOR MEETING OF August 15, 2006 ITEM TITLE An Ordinance relating to land use, vacating a certain portion of street right —of -way identified as a portion of an undeveloped platted alley, running north and south along several Tots located at 1105 North 1St StreeeAt. , SUBMITTED BY " tttiam Cook, Director of Community and Economic Development CONTACT PERSON / TELEPHONE Jeff Peters, Assistant Planner, 575 -6163 SUMMARY EXPLANATION On August 1, 2006 City Council approved the vacation requested by Susan Roark for a portion of undeveloped platted alley right -of -way running north and south between three lots at 1105 North 1 Street abutting the west side of the alley (Lots 5, 6 and 7), and three lots at 1102, 1104 and 1106 North 2 Street abutting the east side of the alley (Lots 8, 9 and 10), more particularly described in Exhibit "A ", and further directed staff to prepare the Vacation Ordinance The Ordinance has been prepared and is herein submitted for your adoption Resolution _ Ordinance X Contract _ Other (Specify) Funding Source N/A Peuvac APP ROVAL FOR SUBMITTAL. //7 Cit STAFF RECOMMENDATION Adopt the ordinance vacating a certain portion of street right —of -way identified as a portion of an undeveloped platted alley running north and south along several lots located at 1105 North 1 Street BOARD RECOMMENDATION The City of Yakima Hearing Examiner's recommended approval of this right -of -way vacation on June 22, 2006 COUNCIL ACTION Ordinance passed. ORDINANCE NO. 2006-38 Return To: Yakima City Clerk 129 North Second Street Yakima, WA 98901 Document Title ORDINANCE NO. 2006-38 (East of 1105 North 1 Street / alley right -of -way vacation) Grantor City of Yakima Grantee Susan C Roark — d/b /a Susie's Saloon LEGAL DESCRIPTION: All that portion of the 20- foot -wide alley within Block 1, Plat of North Second Street Addition to North Yakima, now Yakima, as recorded in Volume B of Plats, page 34, records of Yakima County, Washington, lying south of the north boundary lines of Lots 5 and 10 thereof. PARCEL NUMBERS: 181313-14415, 14418, 14419, & 14420 7555039 Page 1 of 13 03/29/2007 03 29P ORDINANCE NO 2006 -38 AN ORDINANCE relating to land use, vacating a certain portion of street right —of -way identified as a portion of portion of an undeveloped platted alley running north and south along several lots located at 1105 North 1s Street; and approving, with conditions, the recommendation of the Hearing Examiner for the City of Yakima regarding the same, Susan C Roark being identified as the applicant herein. WHEREAS, by application dated March 22, 2006, Susan C Roark requested a vacation of a portion of an undeveloped platted City of Yakima right -of -way running north and south between three lots at 1105 North 1 Street, abutting the west side of the alley (Lots 5, 6 and 7) and three lots at 1102, 1104 and 1106 North 2" Street, abutting the east side of the alley (Lots 8, 9 and 10), 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, Susan C Roark, the applicant/petitioner for this right -of -way vacation, owns five of the six lots abutting the property subject to this vacation application, and WHEREAS, on June 8, 2006 the Hearing Examiner for the City of Yakima conducted an open- record public hearing regarding the requested right -of -way vacation, and WHEREAS, on June 22, 2006 the Hearing Examiner issued Hearing Examiner's Recommendation regarding UAZO R/W VAC #2 -06, (the "recommendation") recommending that a portion of the undeveloped platted alley right -of -way be vacated, said recommendation attached hereto and incorporated herein by this reference as Exhibit "B ", and WHEREAS, at a closed - record public hearing held on August 1, 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 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 alley 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. 7 (jc)ord/Roark -R -O -W Vacation Page 13 03/2 55503 7 32 9/200 03 29P CITY OF YAKIMA - CODES DI ORO t44 AA Yakima Ca, WA Section 1 A portion of the undeveloped platted alley right -of -way running north and south between three Tots at 1105 North 1s Street abutting the west side of the alley (Lots 5, 6 and 7), and three lots at 1102, 1104 and 1106 North 2 " Street abutting the east side of the alley (Lots 8, 9 and 10), 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 June 22, 2006 Hearing Examiner's Recommendation (UAZO R/W VAC #2 -06) 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 Susan C Roark's satisfaction of the following condition, as stated on page 8 of the Hearing Examiner's Recommendation a A utility easement that is sixteen 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 and the existing natural gas line within the vacated area. 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 15 day of August, 2006 /s/ David Edler David Edler, Mayor - ATTEST /s/ Karen S. Roberts City Clerk Publication Date 8 -18 -06 Effective Date 9 - 17 - 06 Certified to be a true and correct copy of the original file in my office &— / CITY CLERK PK\M , • By iVoba A AW.. Deput s b Ps5. Iwo • Qc)ord /Roark -R -O -W Vacation 7555039 Page 3 of 13 MY iv V - r nnre nr non !AA nn 03129/2007 nn 29P City of Yakima, Washington y C// Hearing Examiner's Recommendation PL4 A , ti kA io r1/ June 22, 2006 In the Matter of an Application for Vacation ) Of an Alley Right -of -Way Submitted by ) UAZO R/W VAC # 2 -06 Susan C. Roark (d /b /a Susie's Saloon) ) To Vacate a Portion of Alley Right -of -Way ) East of 1105 North 1st Street, Yakima ) Introduction. The Heanng Examiner conducted a public hearing on June 8, 2006, and has issued this recommendation within ten business days thereof. The staff report presented by Assistant Planner Jeff Peters recommended approval of this request to vacate a portion of an undeveloped platted alleyway The applicant, Susan Roark, testified m favor of approval of the right -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 portion of an undeveloped platted alleyway Basis for Recommendation. Based upon a view of the site without anyone else present on June 7, 2006, the staff report, exhibits, testimony and evidence presented at an open record public hearing on June 8, 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 - Susan Roark (d/b /a Susie s Saloon) 1 F i t '! Vacation of Alley Right -of -Way Hec, Irv; East of 1105 North ls` Street UAZO R/W Vac #2 -06 E< # 44_1__ i 6,°/ V File ; # GJ Ell MI I II It II II II 7555039 Page 4 of 13 03/29/2007 03 29P CITY OF YAKIMA - COON O1 ORO t44 AA Yakima Cn lJA RECEIVED JUN ' ' Nils FINDINGS CITY OF YAKIM, PLANNING DIV Applicant/Petitioner. The applicant/petitioner is Susan C Roark, 430 Buffalo Road, Selah, Washington 98942 Location. The location of the proposed vacation of nght -of -way is the portion of a platted alley running north and south between three lots at 1105 North ls` Street which abut the west side of the alley (Lots 5, 6 and 7) and three lots at 1102, 1104 and 1106 North 2 Street which abut the east side of the alley (Lots 8, 9 and 10) Legal Description. The area sought to be vacated can be described as all that portion of the 20- foot -wide alley within Block 1, Plat of North Second Street Addition to North Yakima, now Yakima, as recorded in Volume "B" of Plats, page 34, records of Yakima County, Washington, lying south of the north boundary Imes of Lots 5 and 10 thereof. The area to be vacated can also be descnbed as all that portion of the 20- foot -wide alley between Lots 5, 6 and 7 westerly thereof and Lots 8, 9 and 10 easterly thereof in Block 1, Plat of North Second Street Addition to North Yakima, now Yakima, according to the official plat thereof recorded in Volume "B" of Plats, page 34, records of Yakima County, Washington. The tax parcel numbers abutting this portion of the alley are 181313- 14415 (Lots 5, 6 and 7 at 1105 North ls Street), 181313 -14418 (Lot 8 at 1102 North 2 Street), 181313 -14419 (Lot 9 at 1104 North 2 " Street) and 181313- 14420 (Lot 10 at 1106 North 2 " Street) Application/Petition. The applicant/petitioner requests the vacation of the portion of an undeveloped platted alley nght -of -way located between three of her Susan Roark (d/b /a Susie s Saloon) 2 Vacation of A11eti Right- of -WaN East of 1105 North 1 Street DOC UAZO R/W Vac #2 -06 INDEX AA 7555039 Page 5 of 1 03/29/2007 03 29P / frfr J O, lots on the west side and two of her lots plus a lot owned by Leopoldo and Francisca Mora on the east side This would allow her to improve an area en f� � I „A N 1 Street and North 2 Street as a paved parking lot in conjunction with a � ' 1 .” 5,000- square -foot addition to her business known as Susie's Saloon located immediately to the south of the proposed parking lot Notices. By Resolution #R- 2006 -76 adopted on May 2, 2006, the Yakima City Council set June 8, 2006 as the date for a public heanng regarding this request for vacation of a portion of alley right -of -way Notices were given more than twenty days before the heanng. Notice of the heanng 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 nght -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 May 4, 2006 Posting of notice in three public places May 5, 2004 Mailing of notice to property owners w/i 500 feet May 5, 2006 Publishing of notice in newspaper May 17, 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. A traffic study is not required for this alley nght -of -way vacation. Susan Roark (d/b /a Susie s Saloon) 3 Vacation of Alley Right- of -WaN East of 1105 North 1 Street 1, . , UAZO R/W Vac 42 -06 A A - 1 II 0 0111 II 1110 11111 I II 7 Pa 93 9P A•ru nr online _ rnnre nt non tdd AA Yakima rm WA Background. On March 22, 2006, the City of Yakima Department � t o f 0 Cyi- Community and Economic Development received an application/petitioifl/ r� , Susan Roark requesting the vacation of a portion of a platted undeveloped alley in" % order to accommodate the expansion of her business by allowing her to add a paved parking lot with curbs, gutters and lighting between North l Street and North 2 " Street north of her building. The City's records indicate that the nght- of -way for this alley was onginally dedicated to the City by the Plat of North Second Street Addition to Yakima on Apnl 9, 1907 Dedication of public right - of -way to allow the continuation of this alley is lacking on abutting property The City has no future plans for development of this undeveloped nght -of -way The petition has been signed by the owner of more than two- thirds of the property abutting the portion of alleyway involved as required by RCW 39 79 020 because the applicant/petitioner owns five of the six abutting lots, namely lots 5, 6, 7, 9 and 10 of Block 1 of the Plat of North Second Street Addition to North Yakima. The owners of Lot 8, Leopoldo and Francisca Mora of 1102 North 2 " Street, did not join in the application/petition and did not submit any written or verbal comment regarding the application/petition. One -half of the width of the portion of the alley that abuts the west boundary line of their lot would be added to their lot 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. Adjacent properties have the following characteristics Direction Zoning Land Use North Central Business District Support Business /Single - Family Home South Central Business District Support Business (Susie's Saloon) East Central Business Distract Support VacantlSingle- Family Home West Central Business District Support Vacant Susan Roark d/b /a Susie's Saloon ) 4 Vacation of Alley Right- of -Wati � J East of 1105 North 1s` Street # A 4_ 1 UAZO RAV Vac #2 -06 II II II I 1110 I I I II 11111 II 7555039 Page 7 of 13 03/29/2007 03 29P t to nr umWr mA nnnrn Mt non k A A nn V .1. ... P.. no Development Services Team. A Development Services Team meeting � � 1 rr� May 17, 2006 to discuss the possible impacts of approval of the alley nght -of -way O,i '-' vacation resulted in the following comments (i) Franchise Utilities 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. (ii) Wastewater Division. There is an existing eight -inch sewer line within the alley proposed for vacation which will also require a utility easement to be established in connection with this vacation. (iii) 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 (iv) Traffic Engmeenng. Transportation Concurrency Review will likely be required upon development. Criteria for the Vacation of Alley RiEht-of-Way. City policy provides the following specific cntena 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 a paved parking lot in a limited undeveloped area north Susie's Saloon that would include curbs, gutter and lighting. This would improve an undeveloped area by eliminating dust and adding aesthetic value It would have a positive impact on the quality of life of those residing and working m the vicinity It would also facilitate the expansion of a business which would in turn result m public benefit from an economic standpoint 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 Susan Roark (d/b /a Susie's Saloon) 5 -,y Vacation of Alle. Right- of -Wati INDEX East of 1105 North 1' Street �� UAZO R/W Vac #2 -06 # loll II 1111111 II 7555039 Pa 8 of 13 03 r ITY nr Y titma _ rnnre nt MOM *AA en L29t2 03 29P 0 F 3 Consistency with the Six Year Transportation Improvements an, , the Urban Area Comprehensive Plan and other Official City Plans' lkq,. fG Policies. The current Transportation Improvement Plan does not indicate any G /L future plans for improvements to this alley nght -of -way Since the proposed vacation would allow a paved parking area to be constructed for a growing business, the vacation would be consistent with the Comprehensive Plan's Artenal 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 nghts- of -way are not zoned, upon their vacation they are zoned the same as the contiguous property The proposed new parking area for the applicant/petitioner's business is in the Central Business District Support (CBDS) zoning district The parking lot would be consistent with that zoning classification, with the current commercial uses m the area and with long range plans that encourage infill within the City limits RCW 35 79 040 would allow the parking lot 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 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. The existing sanitary sewer and natural gas lines will remain m 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 Susan Roark (d/b /a Susie s Saloon) 6 i'0;' Vacation of Alley Right- of -Wav INDEX East of 1 -105 North 1 Street n UAZO R/W Vac #2 -06 ti I 111111 11111 1111 II 7555039 Page 9 of 13 03/29/2007 03 29P C ITY OF YAKIMA - CODES 0I ORO $44 66 Yakima Co, WA ) 6. Fair Market Appraisal and Compensation to thee City ' Compensation to the City is not necessary under City Resolution D -5630 ttg se 4. %2 the City has neither purchased, maintained nor improved the portion of the alley d/v nght -of -way proposed for vacation, and no planned or anticipated public purpose exists for maintaining that alley right -of -way area. CONCLUSIONS 1 The Heanng Examiner has junsdiction by virtue of Subsection 1 43 080(H) of the Yakima Municipal Code to conduct open record public hearings regarding petitions and resolutions to vacate streets, alleys and public nghts -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 nght -of -way vacations are categoncally 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. Susan Roark (d/b /a Susie s Saloon) 7 Vacation of Ailey Right -of -Way D'1, East of 1105 North l'` Street I N n E X UAZO R/W Vac #2 -06 _ 7555039 Page 10 of 13 03/29/2007 03 29P CITY OF YAKIMA - Conn nt nPn t44 as Yakima rn WA 7 The five criteria governing the approval of right -of -way vacations haveldll 4 1D Cyi been satisfied. At,9 0,k � S,✓�, i - 8 Fair market compensation to the City is not required in this situation by City Resolution D -5630 9 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. RECOMMENDATION The Hearing Examiner recommends to the Yakima City Council that all that portion of the 20- foot -wide alley within Block 1, Plat of North Second Street Addition to North Yakima, now Yakima, according to the official plat thereof recorded in Volume "B" of Plats, page 34, records of Yakima County, Washington lying south of the north boundary lines of Lots 5 and 10 thereof, as requested by the application/petition designated UAZO R/W VAC #2 -06, SHOULD BE VACATED subject to the following condition which shall be satisfied by the applicant/petitioner in the manner prescribed by the City 1) A utility easement that is sixteen 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 and the existing natural gas line within the vacated area. DATED this 22n day of June, 2006 Gary M. C u iI ier, Hearing Examiner Susan Roark (d/b /a Susie s Saloon) 8 D � ; Vacation of A11ev Right-of-Way, iNDEx East of 1105 North l Street UAZO R/W Vac #2 -06 # Q ,1 755503 9 0 11 of 13 03/29/2007 03 29P t1Y nr VAVTMA _ MAMCO r11 hen AAA nn v_i. _ n_ un Attachment "A" Legal Description. All that portion of the 20- foot -wide alley within Block 1, Plat of North Second Street Addition to North Yakima, now Yakima, as recorded in Volume "B" of Plats, page 34, records of Yakima County, Washington, lying south of the north boundary lines of Lots 5 and 10 thereof The area to be vacated can also be described as all that portion of the 20- foot -wide alley between Lots 5, 6 and 7 westerly thereof and Lots 8, 9 and 10 easterly thereof in Block 1, Plat of North Second Street Addition to North Yakima, now Yakima, according to the official plat thereof recorded in Volume "B" of Plats, page 34, records of Yakima County, Washington. The tax parcel numbers abutting this portion of the alley are 181313- 14415 (Lots 5, 6 and 7 at 1105 North l Street), 181313 -14418 (Lot 8 at 1102 North 2 Street), 181313 -14419 (Lot 9 at 1104 North 2 °d Street) and 181313- 14420 (Lot 10 at 1106 North 2 Street) II 111 I II I I 11 1111 II 7555039 Page 12 of 13 03/29/2007 03 29P rtry nr wakTMa - rnnra nt nPn t44 AA Yakima Co, WA , , . , , io 11, il C , , 4111 o ..A.n., STREET 11 • ��111��11 1 1 . L.,. 2 NM Z ij 1 I III o N 57 \ Mira nil • 1 l Ti Eq� SOH "111111 111111 �11 \I � ,� 1 flhU � _ - REET .. , ,, F 1111/111= , imuns. min ...... on III L' _ / \ \ mg i NOS on " 11111=1 m a \ _1111-x_ gran N ■ 5 t \ \ ` 111 ETREE z 11111111.1.1 ` a. oi 1g 111M l II HIM Et St I t A ' �� m1. \ \ E t1 , \r_____.—\\ 1 , \ \ \ ' \ \ \ \ T \ __..------ \ 11110,: ::----- \ \ \ \ is \ \ • 1 1` 1 1, \ � w l � 1m 1 \✓ ` 1 \ J + 1 ` �� \ ` \\ 1 1 ' \ 1 1 1 \ 1 + ` 1� \ 1 �SSPE� — � 1 ✓. ii i , , , , 1 \ \, �� \ \___--,--„, „---,.._,,,,\ , \ CITY OF YAKIMA, WASHINGTON s, VICINITY MAP : k Al NO UAZO R/W VAC #2-06 � E�eo it 1 APPLICANT Susan Roark • • ' REQUEST Partial Vacation ofa Platted Alley O,� subject Propert : Yakima City Limits f LOCATION 1105 North 1st Street / y' din _ i00ft 0 200 400 It W206 05/04106 7555039 Pa 13 0£ 13 CITY OF YRKIMR - CODES DI nvn " A nn 03 x2 912907 03 29P