HomeMy WebLinkAbout2001-018 Stewart Street Vacation Request by Shields Bag & Printing Return To:
Yakima City Clerk
129 North Second Street
Yakima, WA 98901
Document Title: Ordinance No. 2001 -18
(UAZO R.O.W. Vac. #05 - 00)
Grantor: City of Yakima
Grantee: Shields Bag & Printing Company
Abbreviated Legal Description: The easternmost 67.5 feet of Stewart
Street lying easterly on Landon Avenue, within the
limits of Yakima, Washington
Parcel Number: 191330 (Portion)
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CITY OF YAKIMA ORD $16.00 Yakima Co, WA
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ORDINANCE NO. 2001- 18
AN ORDINANCE vacating the 56- foot -wide City of Yakima right -of -way
constituting the portion of Stewart Street lying east of
Landon Avenue.
WHEREAS, Shields Bag & Printing Co. (hereafter referred to as the "Applicant ")
has, by Petition No. 00 -07 and under City of Yakima Department of Community and
Economic Development ( "DCED ") file UAZO R/W Vac #05 -00, petitioned for
vacation of the 56- foot -wide City of Yakima right -of -way constituting the portion of
Stewart Street lying east of Landon Avenue; and
WHEREAS, the City of Yakima Hearing Examiner, after conducting a public hearing
on December 14, 2000, and after considering the contents of the file and statements of
interested persons at the public hearing, has issued his Examiner's Recommendation
dated March 1., 2001, and has recommended approval of the requested right -of -way
vacation subject to two conditions stated on page 5 of the Examiner's
Recommendation; and
WHEREAS, the City Council considered the requested right-of -way vacation and
the Hearing Examiner's Recommendation at its regular public meeting on April 3,
2001.; and
WHEREAS, after considering the Hearing Examiner's Recommendation, the
contents of the file, and the statements of interested persons, the City Council finds
with respect to the requested right -of -way vacation that
1. Vacation of the right -of -way will not deprive any property of sole access;
and
2. The right -of -way proposed to be vacated is not essential to other City
plans; and
3. The proposed right -of -way vacation is consistent with other plans and
policies of the City; and
4. Based on zoning, current use and long -range plans, the proposed right-of-
way vacation is compatible with existing and anticipated development in
the area; and
5. The proposed right -of -way vacation does not adversely affect existing or
future public utilities; and
6. The proposed right -of -way vacation is consistent with the requirements of
chapter. 35.79 RCW and with City of Yakima Ordinance No. D -5630; 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,
7217291
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CITY OF YAKIMA ORD $16.00 Yakima Co, WA 48P
BE IT ORDAINED 13Y THE CITY COUNCIL OF THE CITY OF YAKIMA.,
WASHINGTON:
Section 1. The Yakima City Council amends the Findings and Conclusions of the
Hearing Examiner's Recommendation, Examiner No. IU00 -8 -26, City Nos. UAZO
R/W Vac #05 -00, issued March 1, 2001, with respect to the amount of compensation
stated in Condition #1 on page 5 of the Hearing Examiner's Recommendation,
amending the compensation to be paid to the City from $1,000 to $4,366.32.
Section 2. The Yakima City Council adopts and incorporates by reference the
Findings and Conclusions of the Hearing Examiner's Recommendation, Examiner
No. IU00 -8 -26, City Nos. UAZO R/W Vac #05 -00, issued March 1, 2001, as amended
in Section 1 above.
Section 3. The City of Yakima vacates its right -of -way interest over the following
real property (hereafter the "Subject Right -of- Way "):
The easternmost 67.5 feet of Stewart Street lying easterly of Landon
Avenue, within the limits of Yakima, Washington.
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 17 th day of April, 2001.
S/ MARY PLACE
Mary Place, Mayor
ATTEST:
J s3 KAMM AM S. PORTS, =.v®rlai.A
City Clerk
Publication Date: 4 -20 -2001
Effective Date: 5-20-2001 Cer tied zo he a true and correct copy of the
2001
2 original filed in my office.
CLERK
it )
:... Deputy
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C: \ WINDOWS \TEMP \ord row vac 4- 16.doc, April 17, 2001., 6:41 PM
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CITY OF YAKIMA ORD $16.00 Yakima Co, WA
•
STATE OF WASHINGTON
CITY OF YAKIMA '
OFFICE OF HEARING EXAMINER
Petition to Vacate Right -of -Way ) EXAMINER'S RECOMMENDATION
by Shields Bag and Printing )
Company re Stewart - Street ) City No: #05 -00
Examiner No. IU00 -8 -26
The Examiner conducted a public hearing on December 14, 2000.
The staff report presented by Associate Planner Bruce Benson
recommended approval. Derrick Laframboise appeared on behalf of
Shields Bag and Printing. The Examiner inspected the property
prior to the hearing.
SUMMARY OF RECOMMENDATION. The Examiner recommends vacating
the right -of -way, subject to payment of $1,000.00 compensation.
From the view of the site, the matters contained in the
official record, including the staff report, a review of both the
Yakima Urban Area Comprehensive Plan and the Yakima Urban Area
Zoning Ordinance, and from evidence received at the hearing, the
Examiner makes the following:
FINDINGS
1. Applicants. Shields Bag and Printing Company, P. O.
Box 9848, Yakima, WA 98909.
2. Location. The property is that portion of Stewart
Street lying easterly of Landon Avenue.
3. Application. Vacate street right of way.
•
EXAMINER'S RECOMMENDATION - 1
Shields Bag and Printing Company
Examiner. No. IU00 -8 -26
II 1111 III I II 7217291
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CITY OF YAKIMA ORO $16.00 Yakima Co, WA
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4. Current Zoning and Use.
Location Current Zoning Existing Land Use
North R -2 Residential
South R -2 Residential
East M -1 Industrial
West R -2 Residential
This section of right of way was dedicated to the City of
Yakima by the Plat of Broadway Park Addition No. 2 recorded on
June 9, 1937 in Volume "I" of Plats, Page 10.
5. Background. Shields Bag and Printing has for several
years been buying residential property east of Landon Avenue, and
converting it to parking for plant employees. This portion of
Stewart will ultimately become part of that parking area.
Stewart is about 120 feet long in this area, paved with
asphalt, curb, and gutter.
6. Public Use of the Right - of - Way. Stewart is a dead end
street at this location. There is no use for it, since the
parcels on either side are owned by Shields and also have access
to Landon Avenue.
7. Criteria for Right - of - Wav Vacation. City policy
identifies five criteria for consideration:
7.1 Public Benefit. Vacating Stewart will allow
redevelopment of this area by Shields Bag and Printing, with no
•
detriment to the public.
• 7.2 Denial of Access. Access is still available for
adjacent properties.
7.3 Consistency with Transportation Plans. The
current Transportation Improvement Plan does not reflect any
planned improvements for this right of way. Vacation is
consistent with the Six Year Road Plan and all relevant city plans
and policies.
7.4 Consistency with Existing and Anticipated
Development and Zoning. This area will ultimately be redeveloped
EXAMINER'S RECOMMENDATION - 2 •
Shields Bag and Printing Company
Examiner No. IU00 -8 -26
• 1111 III I III III 1111 11 7217291
Page 5 of 9
0512312001 02
CITY OF YAK MA ORD *16.00 Yakima Co, WA
•
as an employee parking lot. Currently the area is zoned for
residential purposes only. Redevelopment as a parking lot will
ultimately require a rezone to a commercial or industrial
designation. The parking lot area to the south on Landon is zoned
industrial. Ultimately it is logical that the east side of
Landon, from Nob Hill to Arlington, be zoned industrial.
7.5 Relocation of Utilities. No utilities are located
within this portion of Stewart.
8. Compensation. City Resolution No. D -5630 sets forth
the basis for requiring compensation. In this instance there is
no evidence in the record as to who improved Stewart Street,
although it was created as a right of way by a plat in 1937.
As reflected in the staff report, recent tax assessments of
the land value of adjoining properties place the value at $2.30
per square foot. The area to be vacated comprises approximately
3,200 square feet. The assessed value of the right of way would
then be $7,360.00, one —half of which is $3,682.50. This is the
figure which staff recommends that Shields pay for compensation.
During the hearing, Mr. Laframboise indicated that Shields has
worked hard to maintain Landon over the years, that there are no
records of who improved the street, that they oppose payment of
any compensation.
Code Administration Manager Doug Maples indicated that
evidence is usually provided by the land owner in order to justify
non- payment. There is no evidence in this record as to any
expenditures by anyone, public or private, on this street.--
During the course of the hearing, Mr. Laframboise, at my
prodding, offered to pay $1,000.00 for the right of way. I
indicated that that would be my recommendation to Council.
• City policy clearly requires compensation for vacated right
of way, unless all of the criteria of the policy are met. In this
instance, Stewart Street does not serve, and has never served, any
useful purpose. The lot bordering it on each side also has
EXAMINER'S RECOMMENDATION - 3
Shields Bag and Printing Company
Examiner No. IU00 -8 -26
7217291
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05123/2001 6L48P
- - -- -- ... .,•,•:... X16.00 Yakima Co, WA
CITY OF YAKIMR ORO
•
•
frontage on Landon Avenue. Due to a significant drop in elevation
further east, Stewart will never be extended east. Why this street
was improved in the first instance is a mystery. Therefore,
$1,000.00 for compensation seems a reasonable compromise.
9. Traffic Study. This application is exempt from Street
•
Segment Capacity Analysis, and therefore no traffic study was
required.
10. Public Notice. Public notice of the hearing was
provided in the following manner: • •
Posting in three public places November 22, 2000
Posting of property November 21, 2000
Legal ad published November 24, 2000
Adjoining property notices mailed November 22, 2000
Public hearing scheduled December 14, 2000
From the foregoing Findings, the Examiner makes the
following:
CONCLUSIONS
1. The Examiner has jurisdiction.
2. All notice provisions have been complied with.
3. Vacation of this right -of -way is consistent with
RCW Ch.35.79 and Yakima City Ordinance No. D -5630. No public
purpose is served by retaining the right -of -way.
Based upon the foregoing Findings and Conclusions, the
Examiner submits to the Yakima City Council the following:
•
RECOMMENDATION
Approve vacating the Stewart Street right -of -way, as
EXAMINER'S RECOMMENDATION - 4
Shields Bag and Printing Company
Examiner No. IU00 -8 -26
' II 1111 III I III III II 1111 7217291
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CITY OF YAKIMA ORO $16.00 Yakima Co, WA
•
described in the petition subject to the following conditions:
1. Compensation shall be paid to the City
in the sum of $1,000.00.
2. If the petitioner maintains the vacated street as
a private street, a private street sign will be necessary.
DATED this day of March 2001.
AMC--
PHILIP A. LAM:
Hearing Examiner
•
•
•
EXAMINER'S RECOMMENDATION - 5
"m Shields Bag and printing Company
Examiner No. IU00 -8 -26
•
III I III III III I II 7217291
Page: 8 of 9
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C ITY OF YAKIMA ORD $18.00 Yakima Co, WA
•
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CITY OF Y AKIMA, WASHINGTON Scale - iin = 400e
Information Services - GIS o zoo 400
FILE NO: UAZO R/W VAC 5 -00 j
APPLICANT: SHIELDS BAG & PRINTING / Subject Property
REQUEST: VACATE PORTION OF STEWART ST — — — Zoning Boundary
EAST OF LANDON AVE : : :: Yakima City Limits
LOCATION: STEWART ST/LANDON AVE ,,s-00 10104/00
INDEX
' 7217291
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C ITY OF YAKIMA ORO $18.08 Yakima Co, WA
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No1" 1
For Meeting of April 17, 2001
ITEM TITLE: Closed Record Public Hearing — Consideration of the Hearing
Examiner's Recommendation to Vacate a Portion of Stewart
Street. it
SUBMITTED BY: "William R. Cook, Director of Community and Economic
Development Department
CONTACT PERSON/TELEPHONE: Bruce Benson, Associate Planner 576 -6042
SUMMARY EXPLANATION:
On December 14, 2000, the Hearing Examiner held a public hearing regarding
Shields Bag and Printing's petition for the vacation of a portion of Stewart Street east
of Landon Avenue. During the hearing, the Examiner concluded that all criteria
required for the vacation of a public street had been met, except the
recommendation concerning the amount of compensation.
During the April 3, 2001 Council meeting, the square footage for this street vacation
was indicated to be 3,200 square feet as requested by Shields Bag and Printing. It
is now clear that the 3,200 square feet requested does not represent the total square
footage of the entire block. We have been in contact with Shields to discuss their
options: a) Purchase the entire block of 7,593.6 square feet at the higher figure of
$8732.64 or b). Purchase a portion of the block at the Council agreed to price of
$2.30 per square foot, which is the tax- assessed value. The difference in area was
a result in the width of 16 -foot right -of way on each side of the road for a total width
of 56 feet of total right -of -way, compare to the 24 feet of pavement width used by
Shields to estimate their request to City.
Shields Bag and Printing Company would like to vacate only 67.8 linear feet, which
is the most easterly portion of Stewart Street for a total vacation of 3796.8 square
feet.
The Stewart Street vacation value is based on 67.8 linear feet by 56 feet of right -of-
way, which equals 3796.8 square feet in area. The total value, calculated at $2.30
per square foot of land being vacated, is $8732.64. The amount paid to the City is
one -half of the tax - assessed value per square foot for adjacent land. Therefore,
based upon the City's 63 years of road maintenance responsibilities, staff
recommended that compensation be paid in the amount of one -half of the tax
assessed value per square foot for adjacent land (See attached Resolution D- 5360).
Therefore, the total value required in compensation is $4366.32 for the 3796.8
square foot area.
On March 1, 2001, the Hearing Examiner issued his written recommendation to
approve this vacation and in doing so, reduced compensation to $1,000 without
•
•
providing an explanation of additional research or knowledge used in reaching that
amount.
On April 3, 2001, Council approved the vacation using the $2.30 assessed value for
the total square foot of vacating Stewart Street. The City Legal Department has
developed an ordinance to reflect the Council's motion for the vacation of Stewart
Street.
Resolution Ordinance X Other (Specify) Resolution D -5360
Contract Mail to (name and address):
Phone:
Funding Source
APPROVED FOR SUBMITTAL: � City Manager
STAFF RECOMMENDATION: Staff recommends, in accordance with Council
Resolution D -5630, that $4366.32 be required in compensation as stated in
ordinance for the vacation of Stewart Street.
BOARD /COMMISSION RECOMMENDATION: The City of Yakima Hearing
Examiner's recommendation was to approve the right -of -way vacation.
COUNCIL ACTION: Ordinance passed. ORDINANCE NO. 2001 -18
RECEIVED
4111 AR r? 9 E00i
STATE OF WASHINGTON
CITY OF YAKIMA C� � 0 YAKIMA
•
OFFICE OF HEARING EXAMINER PLANNING DIV.
Petition to Vacate Right -of -Way ) EXAMINER'S RECOMMENDATION
by Shields Bag and Printing )
Company re Stewart Street ) City No: #05 -00
Examiner No. IU00 -8 -26
•
The Examiner conducted a public hearing on December 14, 2000.
The staff report presented by Associate Planner Bruce Benson
recommended approval. Derrick Laframboise appeared on behalf of
Shields Bag and Printing. The Examiner inspected the property
prior to the hearing.
SUMMARY OF RECOMMENDATION. The Examiner recommends vacating'
the right -of -way, subject to payment of $1,000.00 compensation.
4111
From the view of the site, the matters contained in the
official record, including the staff report, a review of both the
Yakima Urban Area Comprehensive Plan and the Yakima Urban Area
Zoning Ordinance, and from evidence received at the hearing, the
Examiner makes the following:
•
FINDINGS
1. Applicants. Shields Bag and Printing Company, P. 0.
Box 9848, Yakima, WA 98909.
2. Location. The property is that portion of Stewart
Street lying easterly of Landon Avenue.
3. Application. Vacate street right of way.
EXAMINER'S RECOMMENDATION - 1
Shields Bag and Printing Company
•
Examiner No. IU00 -8 -26
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
• YAKIMA, WASHINGTON 98907
(509) 248 -0706
•
•
4. Current Zoning and Use. •
Location Current Zoning Existing Land Use
North R -2 Residential
South R -2 Residential
East M -1 Industrial
West R -2 Residential
This section of right of way was dedicated to the City of
Yakima by the Plat of Broadway Park Addition No. 2 recorded on
June 9, 1937 in Volume "I" of Plats, Page 10.
5. Background. Shields Bag and Printing has for several
years been buying residential property east of Landon Avenue, and
converting it to parking for plant employees. This portion of
Stewart will ultimately become part of that parking area.
Stewart is about 120 feet long in this area, paved with
asphalt, curb, and gutter.
6. Public Use of the Right-of-Way. Stewart is a dead end
street at this location. There is no use for it, since the
parcels on either side are owned by Shields and also have access
to Landon Avenue.
4 10
7. Criteria for Right -of -Wav Vacation. City policy
identifies five criteria for consideration:
7.1 Public Benefit. Vacating Stewart will allow
redevelopment of this area by Shields Bag and Printing, with no
detriment to the public.
7.2 Denial of Access. Access is still available for
adjacent properties.
• 7.3 Consistency with Transportation Plans. The
current Transportation Improvement Plan does not reflect any
planned improvements for this right of way. Vacation is
consistent with the Six Year Road Plan and all relevant city plans
and policies.
7.4 Consistency with Existing and Anticipated
Development and Zoning. This area will ultimately be redeveloped
EXAMINER'S RECOMMENDATION - 2 Aglik
Shields Bag. and Printing Company
Examiner No. IU00 -8 -26
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA, WASHINGTON 98907
(509) 248 -0706
. .;.. .
. .
. .
as an employee parking lot. Currently the area is zoned for
• residential purposes only. Redevelopment as a parking lot will
ultimately require a rezone to a commercial or industrial
designation. The parking lot area to the south on Landon is zoned
industrial. Ultimately it is logical that the east side of
•
Landon, from Nob Hill to Arlington, be zoned industrial.
7.5 Relocation of Utilities. No utilities are located
within this portion of Stewart.
8. Compensation. City Resolution No. D -5630 sets forth
the basis for requiring compensation. In this instance there is
no evidence in the record as to who improved Stewart Street,
although it was created as a right of way by a plat in 1937.
As reflected in the staff report, recent tax assessments of
the land value of adjoining properties place the value at $2.30
per square foot. The area to be vacated comprises approximately
3,200 square feet. The assessed value of the right of way wculd
then be $7,360.00, one —half of which is $3,682.50. This is the
• figure which staff recommends that Shields pay for compensation.
During the hearing, Mr. Laframboise indicated that Shields has
worked hard to maintain Landon over the years, that there are no
records of who improved.the street, that they oppose payment of
any compensation.
Code Administration Manager Doug Maples indicated that
evidence is usually provided by the land owner in order to justify
nor- - payment. There is no evidence in this record as to any
expenditures by anyone, public or private, on this'street.-
During the course of the hearing, Mr. Laframboise, at my
prodding, offered to pay $1,000.00 for the right of way. I
indicated that that would be my recommendation to Council.
City policy clearly requires compensation for vacated right
of way, unless all of the criteria of the policy are met. In this
instance, Stewart Street does not serve, and has never served, any
useful purpose. The lot bordering it on each side also has
EXAMINER'S RECOMMENDATION - 3
• Shields Bag and Printing Company
Examiner Nc. IU00 -8 -26
•
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
•
POST OFFICE BOX 4
YAKIMA, WASHINGTON 98907
• (509) 248 -0706
•
frontage on Landon Avenue. Due to a significant drop in elevation
further east, Stewart will never be extended east. Why this street 4110
was improved in the first instance is a mystery. Therefore,
$1,000.00 for compensation seems a reasonable compromise.
9. Traffic Studv. This application is exempt from Street
•
Segment Capacity Analysis, and therefore no traffic study was
required.
10. Public Notice. Public notice of the hearing was
provided in the following manner: •
Posting in three public places November 22, 2000
Posting of property November 21, 2000
Legal ad published November 24, 2000
Adjoining property notices mailed November 22, 2000
Public hearing scheduled December 14, 2000
From the foregoing Findings, the Examiner makes the
following:
CONCLUSIONS
4 11 0
1. The Examiner has jurisdiction.
2. All notice provisions have been complied with.
3. Vacation of this right -of -way is consistent with
RCW Ch.35.79 and Yakima City Ordinance No. D -5630. No public
purpose is served by retaining the right -of -way.
Based upon the foregoing Findings and Conclusions, the
Examiner submits to the Yakima City Council the following:
RECOMMENDATION
Approve vacating the,Stewart Street right -of -way, as
EXAMINER'S RECOMMENDATION - 4
Shields Bag and Printing Company 41/0
Examiner No. IU00 -8 -26
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA, WASHINGTON 98907
(509) 248 -0706
described in the petition subject to the following conditions:
4110 1. Compensation shall be paid to the City .
in the sum of $1,000.00.
2. If the petitioner maintains the vacated street as
a private street, a private street sign will be necessary.
•
DATED this '\, day of March 2001.
_ • ."4- . _. V
PHILIP A. LAM: -
Hearing Examiner
1111 .
•
•
•
•
EXAMINER'S RECOMMENDATION - 5
• Shields Bag and Printing Company
Examiner No. IU00 -8 -26
•
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA, WASHINGTON 98907
(509) 248 -0706
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CITY OF YAKIMA, WASHINGTON Scale - 1 I = 400ft
Information Services - GIS 0 20( 1 400
M
FILE NO: UAZO R/W VAC 5 -00
S PPLICANT: SHIELDS BAG & PRINTING Filed
REQUEST: VACATE PORTION OF STEWART ST Hearing Ex miner
EAST OF LANDON AVE EXH # 02- Da e. /0 -5 '°°
LOCATION: STEWART ST/LANDON AVE File # W VAC- 4 ' 5 ___ �D 10
8