HomeMy WebLinkAbout2005-001 Right-of-Way Vacation, Vicinity West Quince Street; Stewart Subaru / Elton Young + s
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Yakima City Clerk
129 North Second Street
Yakima, WA 98901
Document Title ORDINANCE NO. 2005-01
(Right - of - Way Vacation / West Quince Street, btw 5 & 6 Avenues)
Grantor City of Yakima
Grantee Frank Stewart, et ux and Elton Young, et ux
ABREVIATED LEGAL DESCRIPTION
The subject right -of -way was dedicated to the City of Yakima by the Plat of
Learning's Addition to North Yakima, recorded on April 28, 1900 No
separate legal description has been prepared and no parcel number has been
assigned to the segment of right -of -way
PARCEL NUMBER: The subject property is abutted on the north by
181313 -42522 and on the south by 181313 -42416 & 181313 -42417
Hill x
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YAKIMA CITY CLERK ORD X27 98 Yakima Co, WA
ORDINANCE NO. 2005- 01
AN ORDINANCE relating to right -of -way vacation; vacating City of Yakima right -of -way
on West Quince Street between North Fifth Avenue and North Sixth
Avenue within the City of Yakima, Washington.
WHEREAS, Mr and Mrs. Frank Stewart (506 Fruitvale Boulevard, Yakima, Washington),
and Mr and Mrs. Elton Young (810 North Fifth Avenue, Yakima, Washington) (hereinafter
collectively referred to as the "Applicants ") have, by Petition No. 04-08 and under City of Yakima
Department of Community and Economic Development ( "DCED ") file UAZO R/W Vac. #3 -04,
petitioned for vacation of City of Yakima right -of -way on West Quince Street between North Fifth
Avenue and North Sixth Avenue within the City of Yakima, Washington; and
WHEREAS, the City of Yakima Hearing Examiner, after conducting a public hearing on
October 28, 2004, and after considering the contents of the file and statements of interested
persons at the public hearing, issued his Examiner's Recommendation dated November 12,
2004, and has recommended approval of the requested right -of -way vacation; and
WHEREAS, the subject right -of -way was appraised at a value of $54,100, and City of
Yakima Resolution #D -5630 generally provides that the City shall be compensated in the amount
of one -half of the appraised value of the right -of -way to be vacated, and
WHEREAS, the City Council considered the requested right -of -way vacation and the
Hearing Examiner's Recommendation at its regular public meeting on December 14, 2004, and
WHEREAS, the City Council finds that the considerations of the Hearing Examiner in
response to the requirements and criteria of City policies for right -of -way vacations are correct
and appropriate and that the same should be adopted by the City Council as its findings herein,
and
WHEREAS, no public purpose would be served by retaining the subject right -of -way and it
is in the best interests of the City and its people to grant the petition, now, therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA.
Section 1. The Yakima City Council adopts and incorporates by reference the Findings
and Conclusions of the Hearing Examiner's Recommendation, Examiner No. UAZO R/W Vac.
#3 -04, issued November 12, 2004 A copy of said Hearing Examiner's Recommendation is
attached hereto as Exhibit "A."
Section 2. The City of Yakima vacates its right -of -way interest over the following real
property
That portion of Quince Street, as dedicated by the Plat of Learning's Addition to
North Yakima (now Yakima) as recorded in Volume A of Plats, Page 71 records of
Yakima County, Washington, and lying westerly of the west right -of -way line for
North 5th Avenue and easterly of the east right -of -way line for North 6th Avenue.
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Section 3. The right -of -way vacation granted by this ordinance is expressly conditioned
on the Applicants' satisfaction of the following conditions stated on pages 5 and 6 of the Hearing
Examiner's Recommendation:
a. Prior to the recording of this ordinance, Applicants shall pay the City of
Yakima the sum of Twenty -Seven Thousand and Fifty Dollars ($27,050 00)
as compensation for vacation of the subject right -of -way
b. Applicants shall extend curbing and sidewalk along North Fifth Avenue in
the current location of the West Quince Street intersection. Said extension
of curbing and sidewalk shall be done in accordance with requirements
and directions of the City of Yakima Engineer
c. Applicants shall remove all existing street improvements in the vacated
right -of -way within West Quince Street, and shall remove the connections
of West Quince Street to North Fifth Avenue and North Sixth Avenue.
d The new driveway approach from North Sixth Avenue must be a
commercial approach.
e. The City of Yakima shall continue to have a sanitary sewer easement in
West Quince Street.
f Applicants shall maintain current street drainage for North Fifth Avenue
and North Sixth Avenue in the area affected by this right -of -way vacation.
Section 4. 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 A certified copy of this
ordinance shall be recorded by the clerk of the City Council in the office of the Yakima County
Auditor
PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this 4th day
of January, 2005
e , i
Paul P George, Mayor
ATTEST
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City Clerk
Certified to be a true and correct copy of the
Publication Date: 1 -7 -2005 original filed in my office. 3=9-6
Effective Date: 2- 6-2005 `/// CITY CLERK
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YRKIMR CITY CLERK ORD 7 99 YY aki ma 2 Co, WR 57P
CEIVED
EXHIBIT A NOV 1 2 2004
CITY OF YAKIMA
In the Matter of: ) UAZO R/W VAC #3-04 PLANNING D I V
)
)
Right of Way Vacation Petition by )
Frank Stewart et ux. and Elton Young et ) BEARING EXAMINER'S
ux. to Vacate a Portion of West Quince ) RECOMMENDATION
Street between N 5th Avenue and N. 6th )
Avenue )
)
SUMMARY OF REQUEST. The Stewarts and the Youngs have submitted a petition
requesting vacation of the public right of way on West Quince Street between North 5th
Avenue and North 6th Avenue. The petitioners own all the property on either side of the
segment of right of way The vacation of the right of way would allow expansion of
their respective businesses and simplify traffic m the vicinity of a newly constructed
traffic roundabout at Fruitvale Boulevard and North 6 Avenue. The City Council set a
hearing date at its October 5, 2004 session in accordance with RCW 35 79 010 City
planning staff prepared a staff report on the petition and the Hearmg Examiner conducted
an open record hearing on the petition on October 28, 2004
From the view of the site, the matters contained in the petition, Development Services
Team comments, and a review of the Yakima Urban Area Comprehensive Plan and the
Yakima Urban Area Zoning Ordinance, the Hearing Examiner makes the following
FINDINGS.
1 Applicants. Mr & Mrs. Frank Stewart, 506 Fruitvale Boulevard, Yakima,
Washington, 98902. Mr & Mrs. Elton Young, 810 North 5 Avenue, Yakima,
Washington, 98902.
2. Location. The subject right of way is located at West Quince Street
between North 5th Avenue and North 6th Avenue.
3. Legal Description and Parcel Number. The subject nght of way was
dedicated to the City of Yakima by the Plat of Learning's Addition to North Yakima,
recorded on April 28, 1900 No separate legal description has been prepared and no
parcel number has been assigned to the segment of right of way The subject property is
EXAMINER'S RECOMMENDATION - 1
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uevima PITY PI M ORD $'7 GB Yakima Co, WA
abutted on the north by Parcel No 181313 -42522 and on the south by Parcel Nos.
181313 -42416 and 42417
4. Application. The right of way vacation petition was submitted to the City of
Yakima Legal Department on August 20, 2004, and forwarded to the Planning Division
on August 27, 2004
5. Existing Use. The subject right of way is 40 feet in width and 270 feet m length
with pavement, several driveway curb cuts and curbs along its length. Storm drainage
flows from North 6 Street flow across West Quince to North 5 Street.
6. Surrounding Land Use and Existing Zoning
Location Current Zoning Existing Land Use
North CBDS Commercial
South CBDS Commercial
East CBDS Commercial
West CBDS Commercial
7. Application of Criteria for Vacation of Rights of Way State law (Chapter
35 79 RCW) establishes procedural requirements for vacation of streets or parts of
streets. The only substantive limitation on the issuance of a vacation resolution involves
proximity to water bodies. The limitation is not relevant in this case. The pnncipal issue
presented by the state law is the requirement for compensation of the city for the vacated
property City Resolution #D -5630 specifies the requirements for compensating the City
for rights -of -way when vacated. Minimum compensation in the amount of one -half of
the appraised value is required to be paid to the City on the vacation of any public street,
alley, or any portion thereof, m the City of Yakima, unless (1) the right of way is
unimproved or not maintained, (2) the city has purchased the right of way at public
expense (100% compensation required), or (3) the ownership of a vacated nght of way
will revert to the State, County, or School District.
West Quince Street is improved and maintained by the City; consequently, in
accordance with the City Council's resolution, compensation is required. An appraisal of
the subject right of way indicates that the depreciated value of the street improvements is
$3,100 and market value for the land is $51,000 for a combined total of $54,100 In
accordance with City policy, one -half of this amount, or $27,500, is to be paid to the City
in compensation.
EXAMINER'S RECOMMENDATION - 2
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RCW 35 79 030, was recently amended to allow for compensation not to exceed
the full (100 %) appraised value of the area vacated when the property has been public
right of way for more than 25 years. In the present case, the right of way was platted in
1900 Neither the staff report nor other evidence provides a basis for requiring a payment
of one hundred percent of the appraised value of the property Given the conditions
urged for the maintenance of sewer and drainage systems, the application of the standard
fifty percent compensation requirement does not appear unreasonable.
City policy also provides right of way vacation guidelines that specify five criteria
to be considered m analyzing vacation petitions. The critena are reviewed as follows:
a. The Petition must explain the public benefit of the project and the
reasoning of the proposed vacation and the limits of the vacation. The petition explains
that this vacation is being sought for future commercial expansion of the petitioner's
business. The information in the petition related to the public interest is supplemented by
comments from the City's Development Review Team. The public benefit derived from
commercial expansion is a higher tax base and possible additional jobs. The hmits of the
vacation are clearly spelled out in the petition. There is no evidence that the vacation• of
the nght of way will result m any significant impairment to vehicular traffic.
Furthermore, the closure will decrease side street impacts on traffic flow at the newly
constructed traffic roundabout. As observed by city traffic engineering staff; closure of
West Quince Street to the existing right turns m and out would further improve traffic
safety in this location, due to limited sight distance at the intersection of West Quince
Street and North 5th Avenue. The existing pattern of drainage serving North 6` Avenue
must be preserved in the public interest
b The vacation of right of way does not deny any sole access to any
property This vacation request would not deny any sole access to any property The
owners of both properties that have frontage on West Quince Street between North 5th
and North 6th Avenues have joined in support of this right of way vacation.
c. Petitions should be consistent with the Six Year Transportation
Improvement Plan (TIP), Urban Area Comprehensive Plan and other official City plans
and policies. The current TIP does not reflect any planned improvements to the nght of
way to be vacated. The vacation presents no conflicts with the Six -Year Road Plan and
EXAMINER'S RECOMMENDATION - 3
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um/we' MTV CLERK ORD to se Yakima
all relevant City plans and policies. The Comprehensive Plan designates the area
surrounding this vacation request as Arterial Commercial. The vacated right of way
would be developed for purposes consistent with the Arterial Commercial designation.
Commercial road approaches are required for 'the property in accordance with
development regulations. Curbing and sidewalk at the former intersection of West
Quince Street and North 5 and 6th Avenues are also necessary m accordance with
development regulations.
d. Vacation requests should be appropriate with existing and anticipated
development in the area, based on zoning, current use and long range plans. In their
application the Stewarts have indicated a future plan to utilize this land, together with
their adjoining properties, to enlarge their business. The anticipated use for this vacated
area is appropriate with zoning, current use and long -range plans.
e Existing Utilities (public and franchised) should be relocated at the
developers' expense or an adequate easement provided. Where appropriate, if existing
utilities are deemed not necessary, this requirement may be waived The existing sanitary
sewer will remain in place and language reserving an easement for its continued use will
be retained within the ordinance granting vacation. The existing street drainage must be
maintained for North 6` and 5 Avenues. Currently, it appears that the drainage from
North 6 Avenue is routed by way of West Quince Street to North 5 Avenue. The
developer's engineer will have to examine the existing system and make revisions
accordingly
8. Public Notice.
On September 21, 2004 the Yakima City Council set the date of the public hearing for
this right of way vacation on October 14, 2004, by Resolution No R- 2004 -149 as
provided for m RCW 35 79 010 Additional notices were completed on the following
dates.
Posting in three public places October 5, 2004
Posting of property September 21, 2004
Legal ad published October 7, 2004
Adjoining property notices mailed October 7, 2004
Public hearing scheduled October 5, 2004
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9. Environmental Review.
Street vacations are categorically exempt from SEPA review, as specified in WAC 197-
11- 800(2) h and Chapter 6 88 YMC
Based on the preceding findings, the Examiner makes the followmg
CONCLUSIONS
1 The Hearing Examiner has jurisdiction to conduct and hearing and make
recommendation to the City Council regarding the petition to vacate the right of way
2. The vacation of the subject right of way is consistent with the public interest, and
there is no public purpose to be served by maintaining the subject portion of West Quince
Street as public right of way
3 No properties will be denied sole access to the public street system from the vacation.
4 The request to vacate the right of way does not conflict with any planned street
improvement projects or other official plans or documents of the City of Yakima.
5 One -half the assessed value of the right of way is $27,050, which should be payable to
the City for the vacation of the right of way
6 The proposal does not conflict with the goal and objectives of the Urban Area
Comprehensive Plan or the Urban Area Zoning Ordinance
7 Notice complied with requirements for the right of way vacation.
Based on the foregoing Findings and Conclusions, the Hearing Examiner makes the
following
RECOMMENDATION
The petition for vacation of the public right of way on West Quince Street between North
5 Avenue and North 6 Avenue should be granted, subject to the following conditions.
1 Compensation shall be paid to the City in the sum of $27,050 Payment must be
made prior to the recording of the vacation ordinance
2. Curbing and sidewalk shall be extended along North 5th Avenue in the current
location of the West Quince Street intersection, as required and directed by the City
Engineer
EXAMINER'S RECOMMENDATION - 5
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3 All existing street improvements in West Quince Street, and the connections to
North 5 and 6 Avenues, must be removed.
4 The new driveway approach from North 6 Avenue must be a commercial
approach.
5 An easement for sanitary sewer shall be maintdiined in West Quince Street.
6 The existing street drainage must be maintained for North 6 and 5 Avenues.
DATED THIS 12 DAY OF NOVEMBER, 2004 ile
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vet ARIN G • ► if it TEM
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YAKIMA, WASHINGTON
AGENDA STATEMENT
ITEM NO 17
FOR MEETING OF: Jan 4 200
ITEM TITLE: An Ordinance Vacating a portion of W Quince Street Tying easterly of N
6th Avenue and westerly of N 5th Avenue.
SUBMITTED BY: � Cook, Director of Community and Economic Development
CONTACT PERSON / TELEPHONE: Bruce Benson, Supervising Planner, 575-
6042
SUMMARY EXPLANATION: On December 14, 2004 Council approved the vacation
requested by Frank Stewart and Elton Young for a portion of Quince Street 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
APPROVAL FOR SUBMITTAL: re dWr. t l e
City Manager
STAFF RECOMMENDATION: Adopt the ordinance vacating a portion of W Quince
Street lying easterly of N 6 Avenue and westerly of N 5th Avenue.
BOARD RECOMMENDATION: The City of Yakima Hearing Examiner's recommended
approval of this right -of -way vacation on November 12, 2004.
COUNCIL ACTION: