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HomeMy WebLinkAbout2005-014 Right-of-Way Vacation, Vicinity of 1600 Block of Perry St.; D.H. Construction & Development, Inc. • Return To: Yakima City Clerk 129 North Second Street Yakima, WA 98901 Document Title ORDINANCE NO. 2005 -14 (Right -of -Way Vacation / vicinity of the 1600 block of Perry Street) Grantor City of Yakima Grantee D H. Construction and Development, Inc ABREVIATED LEGAL DESCRIPTION Commencing at the East Quarter Corner of Section 35, Township 13 North, Range 18 E.W.M., thence Northeast along the East line of said Section 35 for 1298 42 feet; thence Northwest for 30 feet to the point of beginning; thence continuing Northwest for 637 43 feet; thence Southwest for 25 feet; thence Southeast for 637 42 feet; thence Northeast for 25 feet to the point of beginning. (See Sections 2 and 3 of the ordinance for the detailed legal descriptions) 11111 1111111I 1111110 011 7444572 Page 1 of 14 03/09/2005 03 00P YAKIMA CITY CLERK ORO $32 00 Yakima Co, WA ORDINANCE NO. 2005- 14 AN ORDINANCE relating to right -of -way vacation, vacating City of Yakima right -of- way in undeveloped portions of Pierce Street west of South 16 Avenue, Yakima, Washington, and vacating City of Yakima right -of- way in undeveloped portions of South 18 Avenue north of Perry Street, Yakima, Washington WHEREAS, D H Construction & Development, Inc (hereinafter referred to as the "Applicant ") has, under City of Yakima Department of Community and Economic Development ( "DCED") file UAZO R/W Vac. #5 -04, requested the vacation of City of Yakima right -of -way in undeveloped portions of Pierce Street west of South 16 Avenue, Yakima, Washington, and City of Yakima right -of -way in undeveloped portions of South 18 Avenue north of Perry Street, Yakima, Washington, and WHEREAS, on December 14, 2004, the Yakima City Council passed Resolution No 2004 -201 to initiate street vacation proceedings regarding the subject rights -of -way and set a date for a public hearing before the Yakima Hearing Examiner; and WHEREAS, the Yakima Hearing Examiner, after conducting a public hearing on January 7, 2005, and after considering the contents of the file and statements of interested persons at the public hearing, issued his Hearing Examiner's Recommendation dated January 12, 2005, and has recommended approval of the requested right -of -way vacation, and WHEREAS, under City of Yakima Resolution #D -5630, compensation to the City is not necessary for the vacation of the subject rights -of -way because the City has neither purchased, maintained, nor made any improvements to the subject rights -of -way, and no planned or anticipated public purpose exists for maintaining the subject rights -of- way; and WHEREAS, the City Council considered the requested right -of -way vacation and the Hearing Examiner's Recommendation at its regular public meeting on February 1, 2005, 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 rights -of- way and it is in the best interests of the City and its people to grant the application, 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 RNV Vac #5 -04, issued January 12, 2005 A copy of said Hearing Examiner's Recommendation is attached hereto as Exhibit A. 1 111111111 III 11111 I 111 7444572 Page 2 of 14 03/09/2005 03 00P YRKIMR CITY CLERK ORD $32 00 Yakima Co, WA Section 2 The City of Yakima vacates its right -of -way interest in undeveloped portions of Pierce Street west of South 16 Avenue, Yakima, Washington, and legally described as follows COMMENCING AT THE EAST QUARTER CORNER OF SECTION 35, TOWNSHIP 13 NORTH, RANGE 18 E.W M , THENCE N 0 °06'00" E ALONG THE EAST LINE OF SAID SECTION 35 FOR 1298 42 FEET, THENCE N 89 °22'54" W FOR 30 FEET TO THE POINT OF BEGINNING, THENCE CONTINUING N 89 °22'54" W FOR 637 43 FEET, THENCE S 0 °04'29" W FOR 25 FEET, THENCE S 89 °22'54" E FOR 637 42 FEET, THENCE N 0 °06'00" E FOR 25 FEET TO THE POINT OF BEGINNING Section 3 The City of Yakima vacates its right -of -way interest in undeveloped portions of South 18 Avenue north of Perry Street, Yakima, Washington, and legally described as follows COMMENCING AT THE EAST QUARTER CORNER OF SECTION 35, TOWNSHIP 13 NORTH, RANGE 18 E W M , THENCE N 0 °06'00" E ALONG THE EAST LINE OF SAID SECTION 35 FOR 973 79 FEET, THENCE N 89 °28'00" W FOR 667.29 FEET, THENCE N 0 °04'29" E FOR 25 FEET TO THE POINT OF BEGINNING, THENCE CONTINUING N 0 °04'29" E FOR 275 62 FEET, THENCE S 89 °22'54" E FOR 25 FEET, THENCE S 0 °04'29" W FOR 275.58 FEET, THENCE N 89 °28'00" W FOR 25 FEET TO POINT OF BEGINNING Section 4 In accordance with the January 12, 2005, Hearing Examiner's Recommendation, the title to the entire rights -of -way that are being vacated by this ordinance shall be vested in D H Construction & Development, Inc., the owner of that portion of Homeland Tracts Plat where all of the vacated rights -of -way originated without any contribution from adjacent properties 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 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 1 day of March, 2005 S/ PAUL GEORGE ATTEST Paul P George, Mayor Is/ KAREN S ROBERTS Certified to be a true and correct copy of the City Clerk original f - d in my office Publication Date 3-4 -2005 v A A N'N Effective Date 4-3 -2005 NJ/,‘,1 CITY CLERK ; ' t P � _ M q ', ` c L .A 1110 111111111111, 7444572 g SNi N Page 3 of 14 , »...... - -• 93/99/2995 93 99P YAKIMA CITY CLERK ORD 02 99 Yakima Co, WA EXHIBIT A City of Yana, Washington Hearing ENaminer's Recommend January 17, 2005 In the Matter of an Application for Vacation ) Of Street Rights -of-Way Submitted by: ) UAZO RJW VAC # 5-04 D.EL Construction and Development, Inc. ) To Vacate a Portion of Street Rights-of-Way ) In the Vicinity of 1600 Perry Street, Yakima ) Introduction. The Hearing Examiner conducted a public hearing on January 7, 2005, and has issued this Recommendation within ten business days thereof. The staff report presented by Associate y eP ssociate Planner Mary Lovell recommended approval of the street vacation request. The applicant's representative, Mr. Bill. Hordan of Hordan Planning Services, testified in favor of approval of the street vacation request. No testimony or other evidence was presented in this y p opposition to proposed vacation of rights -of -way for undeveloped portions of two streets. Summa of Reconyadhendation. The Hearing Examiner recommends approval of this request for vacation of portions of street nghts -of -way for undeveloped portions of Pierce Street west of South 16 Avenue and of South 18 Avenue north of Perry Street. Basis for Recommendation. Based upon a view of the site without anyone else present on January 6, 2005, the staff report, exhibits, testimony and evidence 1 1111111111111 HEM 11 11111 I 7444572 Pa 4 of 14 93t69t2095 83 00P YAKIMA CITY CLERK ORD 482 AA Yakima Co. WA presented at an open record public hearing on January 7, 2005 and a review of the Yakima Urban Area Comprehensive Plan, the Yakima Urban Area Zomng Ordinance, Chapter 35 79 of the Revised Code of Washington and the City of Yakima's street vacation policies, the Hearing Examiner makes the following: FINDINGS Applicant. The applicant is D.H. Construction and Development, Inc., P 0 Box 8353, Yakima, Washmgton 98907 Location. The location of the proposed vacation of street rights -of -way is m the 1600 block of Perry Street. The legal description of the proposed Pierce Street property to be vacated is: Commencing at the East Quarter Corner of Section 35, Township 13 North, Range. 18 E.W.M., thence North. 0 ° 06'00r East along. the East line of said Section 35 for 1298.42 feet; thence North 89 West for 30 feet to the point of beginning; thence continuing North 89 ° 22'54" West for 637 43 feet; thence South 0 °04'29 }' West for25 feet; thence South 89 East for 637 42 feet; thence North 0 °06'00" East for 25 feet to the point of beginning. The legal description of the proposed South 18 Avenue property to be vacated is. Commencing at the East Quartet. Corner of Section 35, Township 18 E.W.M., thence North 0 °06'00" East along the East line of said Section 35 for 973 79 feet; thence North 89 ° 28'00" West for 667.29 feet; thence North 0 ° 04'29" East for 25 feet to the point of beginning thence continuing North 0 ° 04'29" East for 275 62 feet; thence South 89 ° 22'54" East for 25 feet; thence South 0 ° 04'29" West for 275.58 feet; thence North 89 ° 28'00" West for 25 feet to point of beguuu 2 7442 Page 5 3 83/09 03 14 00P YAKIMA CITY CLERK ORD $32 00 Yakima Co, WA pnlication The applicant requests the vacation of the portion of Pierce Street right -of -way located on the applicant's property begg at the west boundary of a lot located west of South 16 Avenue and ending at South 18 Avenue, and the vacation of the portion of South 18 Avenue nght -of -way between Perry Street and the north boundary of the applicant's property Notices. The Yakima City Council set January 7, 2005 as the date for the public hearing regarding this request for vacation of nghts -of -way which was onginally part of a request for alteration of a plat which was approved by the Hearing Examiner on November 19, 2004 except for the street vacation requests. This action was initiated by the City Council on December 14, 2004 by Resolution No R- 2004 -201 m accordance with RCW 35 79 010 upon the request of the Hearing Examiner due to his reluctance to vacate street rights -of -way as a part of a plat alteration process. Notices were given more than twenty days before the hearing. Notice of the hearing was posted on the rights -of -way to be vacated, was posted in three public places and was mailed to all owners abutting the street rights -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 m two places on area to be vacated December 10, 2004 Posting of notice in three of the most public places December 17, 2004 Mailing of notice to property owners within 500 feet December 17, 2004 Publishing of notice in newspaper December 17, 2004 Environmental Review. Street vacations are categorically exempt from SEPA review in accordance with WAC 197- 11- 800(2)(h) and Chapter 6 88 of the Yakima Municipal Code. Nevertheless, SEPA review was conducted for this 3 1 111111 0111 1111 11111 11111 11111 111 11111 1111 1111 7444572 Page 6 of 14 Co 0349 812 YAKIMA CITY CLERK ORD 132 98 Yakima Co, 93 A proposed development of the property as a residential mini-storage facility. The plat was altered and the Class (3) use was approved with adjustments on November 19, 2004 However, the Hearing Examiner recommended that the City Council initiate street vacation proceedings because it is not clear under the City's ordinances that street vacations may be granted by the Examiner as part of the plat alteration process. The appeal period for the Mitigated Determination of Nonsignificance issued on October 18, 2004 ended on November 2, 2004 without an appeal being filed. Transportation Capacity Management Ordinance. Although a traffic study would not normally be required for this street vacation application, concurrency review for compliance with the Transportation Capacity Management Ordinance was completed on September 14, 2004 for the proposed mini- storage facility Adequate reserve capacity exists on all impacted public streets. lac round Public records indicate that these rights -of -way were dedicated to public use as streets in 1940 as part of the Homeland Tracts Plat. All of the rights - of -way subject to this application were a part of the plat The dedicated right -of- way for each street is only 25 feet m width. The rights -of -way proposed for vacation have never been developed or maintained. There are no future plans for development. Existing development on the surrounding property prevents the extension of either South 18 Avenue or Pierce Street in this location in the future. The applicant proposes to incorporate the vacated nghts -of -ways into the residential mini- storage facility that has already received Class (3) zoning approval with adjustments. This development will benefit the public by allowing 4 111 0111111 111111 II 11 7444572 P 0319/20 7 851+3 14 80P YAKIMA CITY CLERK OR D 11 1111 Yakima Co, WA the use of the street rights -of -way and adjacent property for a needed mini- storage facility without depriving the public of any rights -of -way needed for future streets. Zoninn and Land Use. Adjacent properties have the following characteristics =n Zo Lan d Use North R -2 East Military Facility B -1/R -2 Mixed Vacant/Residential South B Mixed Vacant/Professional Offices West R -2 Cemetery Develo ment Services Team. A Development Services Team meeting was held on September 8, 2004 to discuss the possible impacts of approval of the Class (3) residential mini- storage facility proposed for the property The comments relative to the street vacation aspect of the applicatio included the following observations. (i) Engineering Division. The Engineering Division recommended dedication. of right-of -way to a radius of 50 feet at cul- dersac;. construction of improvement in the cul-de-sac with back of curb radius of 41 feet; and construction of commercial approaches for the facility, all of which were required as a condition of approval of the Class (3) mini - storage use. There are no existing City utilities within the rights -of -way proposed for vacation. The streets within this proposal are unimproved. (ii) Traffic Engineering: The proposed cul -de -sac should provide adequate access to the Yakima School District bus barn and to the rear of Tahoma Cemetery for maintenance or future needs. The portion of Pierce Street subject to this vacation appears to have no impact upon traffic flow or property access Num 111111111 7444572 Page 8 of 14 8P 83189/2885 8 3 8 YAKIMR CI ?Y CLER ORD $32 08 Yakima Co, WA • Criteria for the Vacation of Street Ili hts -of -Wa . City policy provides the following specific criteria to be considered m determining the propriety and requisites of street 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 rights -of -way areas as part of the applicant's residential mini - storage facility That facility will benefit the public by serving a mixed-use neighborhood of residential and commercial uses. The proposed infill of this vacant property by development of a mini -storage ac on the property � a fili �' P Pte' will improve the neighborhood and eliminate a vacant lot that has been a source of code compliance complaints in the past. The proposed mini- storage facility also will help protect the airport from the addition of nearby residential uses which could otherwise potentially be located on the subject property 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 3. Consistency with the Six Year Transportation Improvement Plan, the Urban Area Comprehensive Plan and other Official City Plans and Policies. The current Transportation Improvement Plan does not indicate any planned improvements to these portions of South 18 Avenue or Pierce Street. The future use of the vacated property as part of a residential mini- storage facility will be consistent with the Urban Area Comprehensive Plan and other official City plans and policies. The termination of these rights -of -way will not impede or 6 II 1111 II I 111 11 1111 7444572 Page 9 of 14 03/09/2005 03 00P YAKIMA CITY CLERK ORD 02 00 Yakima Co, WA impact the current traffic surrounding the area, as the surrounding streets do not have the same street pattern. 4. Consistency with Existing and Anticipated Development in the Area Based on Zoning, Current Use and Long -Range Plans. Although street rights - of -way are not zoned, upon their vacation they are zoned the same as the contiguous property The applicant's proposed mini- storage facility is in the Two - Family Residential (R -2) zoning district. It was determined during the Class 3 review process that a residential mini-storage use on the Class ( 3) � property, P�3', including the areas of the street rights -of -way, would be consistent with that zoning classification and consistent with the current uses in the area. Residences that would be permitted outright as a Class (1) use on the property would not be as compatible with the area as the proposed mini - storage use. The diesel buses that frequently pass by the property to and from the Yalcma•School.District's bus barn southwest of property could beaproblem for residential uses on the property The proximity of the airport is a further reason to favor the approved mini- storage. use over residential uses. The approved mini- storage use of the property is also consistentwith long range plans- that encourage mfill within. the City limits Furthermore, all of the street rights -of -way to be vacated should be allowed to be used for the applicant's mini- storage facility Since all the property to be vacated was originally part of the portion of the Homeland Tracts Plat now owned by the applicant, it all should be returned to that plat which has now been altered into one lot to accommodate the proposed mini- storage facility The following general provision of RCW 35 79 040 should not be applied m this case. 7 Page 7444572 f 14 Y YAKIMA CITY CLERK ORD 02 80 Ya kimaCo, WA OOP } "35.79.040 Title to vacated street or alley. If any street or alley in any city or town is vacated by the city or town council, the property within the limits so vacated shall belong to the abutting property owners, one -half to each." Although the underlying apphcation approved on November 19, 2004 was for alteration of a portion of a plat rather than for vacation of a portion of a plat, the net result of reducing the number of lots from 14 lots to one lot is the same. And since all the subject street rights -of -way dedicated in 1940 were originally a part of the Homeland Tracts Plat without any contribution from adjacent properties, the following provision of RCW 35 79.212 relative to the vacation of a portion of a subdivision should apply here: "When the road or street that is to be vacated was contained wholly within 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.withm the vacated subdivision." 5. Provisions, for Relocation -of Existing Utilities. or Easements for Existing Utilities. No utilities are. within the areas.. proposed for vacation except for a sewer main which- runs in.. an east -west direction across the street right -of -way for South 18 Avenue down the center of applicant's property, but that sewer main is within its own public utility easement shown on the face of the plat. That public utility easement for the sewer main was not affected by the alteration of the plat and will not be affected by this street vacation or by the applicant's development of the property as a mini- storage facility 6. Fair Market Appraisal and Compensation to the City. Compensation to the City is not necessary under City Resolution D -5630 because the City has neither purchased, maintained nor made any improvements to the S 7444572 Pae 11 of 14 03g091P00 03 00 valttMA CITY CLERK 1111111N11111011 $32 00 Yakima Co, WA portions of the street rights -of -way proposed for vacation., and no planned or anticipated public purpose exists for maintaining these street rights -of -way CONCLUSIONS 1 The Hearing Examiner has jurisdiction and authority 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 rights -of -way and to make recommendations to the City Council relative thereto 2 All public notice requirements for a street vacation have been completed m accordance with.apphcable statutory and ordinance requirements. 3 SETA re-view • was not required because street .right -of -way vacations are categorically exempt from SEPA review 4 A traffic analysis report was conducted for the proposed. mini-storage- facility on the property where the nghts -of -way exist, and it was determined m the course of said concurrency review that adequate reserve capacity for that use exists on all impacted public streets. 5 No properties will be denied access to the public street system as a result of this vacation. 9 7444572 Page If 14 0310 3 00P YRKIMR CITY CLERK ORD X32 00 Yakima C o 12 , R 6 This request for vacation does not conflict with any planned street improvement projects or other plans or projects of the City of Yakima. 7 The five criteria governing the approval of nght -of -way vacations have all been satisfied. 8. Fair market compensation to the City is not required in this situation by City Resolution D -5630 9 Since the dedicated nghts -of -way onginally were 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. RECOMVEENI)AT'ION The Hearing Examiner recommends to the Yakima City Council that the portion of undeveloped Pierce Street right -of -way located on the applicant's property beginning at the west boundary of a lot located west of South 16 Avenue and ending at South 18 Avenue and the portion of undeveloped South 18 Avenue right -of -way between Perry Street and the north boundary of the applicant's property legally described in UAZO R/W VAC #5 -04 SHOULD BE VACATED. The Hearing Examiner further recommends to the Yakima City Council that title to the entire 25 -foot width of said rights -of -way should be vested in the applicant who now owns the portion of the Homeland Tracts Plat where all of the 10 744472 Page 13 of 63/0912095 5 03 0 6P YAKIMA CITY CLERK ORD $32 00 Yakima Co, WA vacated street rights -of -way originated without any contribution from adjacent properties. DATED this 12 day of January, 2005 Gary M. Cuillier, Hearing Examiner 11 7444572 Page 14 of 14 93/09/2895 63 06P YAKIMA CITY CLERK ORD $32 08 Yakima Co, WA BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT ITEM NO. * 19 FOR MEETING OF: March 1, 2005 ITEM TITLE: Ordinance approving the right -of -way vacation request by D.H. Construction & Development, Inc. for property located in the vicinity of the 1600 block of Perry Street, Yakima. SUBMITTED BY: William Cook, Director of Community & Economic Development CONTACT PERSON/TELEPHONE: Mary Lovell, Associate Planner, 575 -6164 SUMMARY EXPLANATION: On February 1, 2005 the Council conducted a public hearing to consider the Hearing Examiner's recommendation to approve a right -of -way vacation request by D.H. Construction and Development, Inc. The applicant is requesting the vacation of a portion of Pierce Street Tying westerly of S. 16 Avenue to South 18 Avenue, and that portion of South 18 Avenue lying northerly of Perry Street and southerly of Pierce Street. The Hearing Examiner concluded that all criteria required for the vacation of public rights -of -way had been met and issued his written recommendation for approval of this request on January 12, 2005. The Council voted to uphold the Hearing Examiner's recommendation to approve the right -of -way vacation request. Resolution _ Ordinance X Contract _ Other (Specify) Funding Source APPROVAL FOR SUBMITTAL: Mana•er STAFF RECOMMENDATION: Adopt ordinance. BOARD RECOMMENDATION: Hearing Examiner recommends approval of the right -of -way vacation application. COUNCIL ACTION: