HomeMy WebLinkAbout2001-048 Lee & Karen Curry Vacation; West King Street between South 7th Avenue & South 8th Avenue 9 :
ORDINANCE NO. 2001- 48
AN ORDINANCE vacating the 45- foot -wide City of Yakima right -of -way
constituting the portion of King Street lying between South
Seventh and Eighth Avenue.
WHEREAS, Lee and Karen Curry (hereafter referred to as the "Applicant ") has, by
Petition No. 01 -03 and under City of Yakima Department of Community and
Economic Development ( "DCED ") file UAZO R/W Vac #2 -01, petitioned for
vacation of the 45- foot -wide City of Yakima right -of -way constituting the portion of
King Street lying between South Seventh and Eighth Avenue; and
WHEREAS, the City of Yakima Hearing Examiner, after conducting a public hearing
on June 28, 2001, and after considering the contents of the file and statements of
interested persons at the public hearing, has issued his Examiner's Recommendation
dated July 12, 2001, and has recommended approval of the requested right -of -way
vacation; and
WHEREAS, the City Council considered the requested right -of -way vacation and
the Hearing Examiner's Recommendation at its regular public meeting on
August 21, 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,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA,
WASHINGTON:
Section 1. The Yakima City Council adopts and incorporates by reference the
Findings and Conclusions of the Hearing Examiner's Recommendation, Examiner
No. IU01 -8 -13, City Nos. UAZO R/W Vac #2 -01, issued July 12, 2001.
Section 2. The City of Yakima vacates its right -of -way interest over the following
real property (hereafter the "Subject Right -of- Way "):
That portion of King Street lying between South Seventh and Eighth
Avenue, within the limits of Yakima, Washington.
Section 3. 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 le day of September, 2001.
Mary Place, Mayor
ATTEST:
City Clerk
Publication Date: 9 -21 -2001
Effective Date: 10-21 -2001
C: \Documents and Settings \dmaples \Local Settings \ Temporary Internet Files \OLK15 \Curry row vacation.doc, September 10,
2001, 8:13 AM Page 2
RECEIVED
STATE OF WASHINGTON JUL 1 2 2001
CITY OF YAKIMA
OFFICE OF HEARING EXAMINER CITY OF YAKIMA
PLANNING DIV.
Right -of -Way Vacation ) EXAMINER'S RECOMMENDATION
Petitidn by Mr. and Mrs. Lee )
Curry, et al., Concerning ) City No. R/W VAC #2 -01
King Street Between South 7 ' )
And 8th Avenue ) Examiner No. IU01 -8 -13
The Examiner conducted a public hearing on June 28, 2001.
The staff report presented by Senior Planner Dan Valoff
recommended approval. There was strong opposition from a nearby
property owner, but all property owners adjacent to the right of
way join the petition to vacate. The Examiner inspected the
property prior to the hearing.
SUMMARY OF RECOMMENDATION. The Examiner recommends vacating
the right -of -way, subject to conditions.
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. The primary applicants are Lee and Karen
Curry, 1524 S. 7 Avenue, Yakima, WA 98902. They are joined by
the adjacent property owners identified on Exhibit 5, Jessie and
Elizabeth Wise, Donna Derby, and Joel and Annette Garcia.
EXAMINER'S RECOMMENDATION - 1
Mr. and Mrs. Lee Curry
Examiner's No. IU01 -8 -13
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA, WASHINGTON 98907
(509) 248 -0706
2. Location. That portion of King Street consisting of a
250 foot segment running east and west between South 7th and South
8 Avenues.
3. Application. Petition to vacate right of way.
4. Current Zoning and Use. The subject property is
located in the R -2, Two- Family Residential, zoning district.
Adjacent properties have the following characteristics:
Location Zoning Existing Use
North R -2 Single family residential
East R -2 Single family residential
South R -2 Single family residential
West R -2 Single family residential
5. Background. This right of way is undeveloped. The 45
foot wide strip was dedicated as part of the Coonse State Addition
platted in 1936 and the Coonse State Addition No. 2 platted in
1939.
King Street to the east is a gravel street. King Street does
not extend to the west past this undeveloped right of way.
South 7 and 8 Avenues are paved, without curbs, gutters,
or sidewalks.
The petitioners testified that over the years they have
incrementally fenced this property to prohibit pedestrian use,
and to limit dumping of garbage on the right of way. The
property has been blocked to pedestrians for 12 to 15 years.
They wish to have it vacated so that they can take a more
definite sense of ownership and further improve the area.
Physical inspection indicates that the undeveloped right of way
is already basically incorporated into the side and backyards of
adjacent lots.
6. Public Use of the Right-of-Way. A neighbor, Bill
Martin, lives at 1515 South 8 Avenue, and grew up in the
neighborhood. He presented a petition signed by 33 people which
EXAMINER'S RECOMMENDATION - 2
Mr. and Mrs. Lee Curry
Examiner's No. IU01 -8 - 13
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA, WASHINGTON 98907
(509) 248 -0706
states that they would like to have King Street reopened at Lee
Curry's expense.
Mr. Martin specifically resents the fact that the right of
way has been blocked off so that he and his children cannot easily
walk to his parent's house. Now they have to go around the block.
Mr. Martin is very definite about this, and exhibited considerable
frustration during the public hearing.
The thrust of the petition seems to be that a number of
people in the area would like the right of way reopened, but at
the expense of Mr. Curry rather than taxpayers. It is unclear
whether reopening is intended to mean pavement for use as a
street, or simply to unblock the dirt right of way by removal of
fences.
One of the reasons for the fences, besides reducing garbage
dumping, was to reduce the problems with kids throwing rocks into
the Garcia swimming pool.
7. Criteria for Right - of - Way Vacation. City policy
identifies five criteria for consideration:
7.1 Public Benefit. The public will benefit from the
vacation by returning this area to the abutting property owners,
who will then be responsible for property upkeep and a higher
standard of care. Restricted access will limit the potential for
vandalism and crime.
7.2 Denial of Access. This vacation will not deny
sole access to any property. It is true that its use as a
footpath makes travel distance to nearby properties further.
However, existing conditions have existed for at least 12 years,
apparently without incident.
7.3 Consistency with Transportation Plans. The Six -
Year Road Plan, the comprehensive plan, and other City plans and
policies do not reflect any planned improvements, nor any intent
to develop King Street. King Street will not function to the west
as part of a grid, since right of way does not exist further west.
EXAMINER'S RECOMMENDATION - 3
Mr. and Mrs. Lee Curry
Examiner's No. IU01 -8 -13
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA, WASHINGTON 98907
(509) 248 -0706
7.4 Consistency with Existing and Anticipated
Development and Zoning. This is a developed and stable
neighborhood. Vacation will allow abutting property owners to
further improve their properties.
7.5 Relocation of Utilities. There are no public or
privat utilities located in the right of way.
8 . Compensation. The right of way was dedicated to the
city during the platting process. The city has not paid anything
to acquire the right of way nor has it made any expenditures to
improve or maintain the right of way. Accordingly, no
compensation is required, pursuant to City Resolution No. D -5630.
9. Traffic Study. A traffic study was not requested by
the planning division because this vacation will not affect
existing traffic patterns.
10. Environmental Review. Street vacations are
categorically exempt from SEPA review, pursuant to state
regulations and local ordinance.
11. Public Notice. Notice of this hearing was accomplished
in the following manner:
Resolution R- 2001 -82 adopted to set public hearing May 15,
2001.
Posting in three public places May 22, 2001.
Posting of property June 5, 2001.
Legal ad published June 8, 2001.
Adjoining property notices mailed June 8, 2001.
From the foregoing Findings, the Examiner makes the
following:
CONCLUSIONS
1. The Examiner has jurisdiction.
2. All notice provisions have been complied with.
EXAMINER'S RECOMMENDATION - 4
Mr. and Mrs. Lee Curry
Examiner's No. IU01 -8 -13
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA, WASHINGTON 98907
(509) 248 -0706
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.
4
Baled upon the foregoing Findings and Conclusions, the
Examiner submits to the Yakima City Council the following:
RECOMMENDATION
Approve vacating the King Street right -of -way located between
South 7 and South 8 Avenues.
DATED this 12. day of July, 2001.
PHILIP
Hearing Examiner
EXAMINER'S RECOMMENDATION - 5
Mr. and Mrs. Lee Curry
Examiner's No. IU01 -8 -13
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA, WASHINGTON 98907
(509) 248 -0706
•
YAKIMA, WASHINGTON
AGENDA STATEMENT
ITEM NO.
FOR MEETING OF: September 18, 2001
ITEM TITLE: An Ordinance Vacating a Portion of King Street.
SUBMITTED BY: William Cook, Director of Community and Economic Development
CONTACT PERSON / TELEPHONE: Dan Valoff, Senior Planner, 575 -6163
SUMMARY EXPLANATION: On August 21, 2001 Council approved the requested
vacation for a portion of King Street and directed staff to prepare the Vacation
Ordinance. The Ordinance has been prepared and is herein submitted for your
approval.
Resolution _ Ordinance X Contract _ Other (Specify)
Funding Source N/A
APPROVAL FOR SUBMITTAL: a
City Manager
er 9
STAFF RECOMMENDATION: Adopt the ordinance vacating the 45 -foot wide right -of-
way of King Street lying between South Seventh and Eighth Avenues.
BOARD RECOMMENDATION: The City of Yakima Hearing Examiner's recommended
approval of this right -of -way vacation on July 13, 2001.
COUNCIL ACTION: Ordinance passed. ORDINANCE NO. 2001 -48
Return To:
Yakima City Clerk
129 North Second Street
Yakima, WA 98901
Document Title: City of Yakima Ordinance No. 2001 -48
(Vacation of West King Street between South 7 & South 8
Avenues)
Grantor: City of Yakima
Grantee: Lee Curry and Karen Curry
LEGAL DESCRIPTION:
The western 220 foot section of undeveloped public street right -of -way
of West King Street between South 7th Avenue and South Stn Avenue,
lying between the Plats of Coonse State Addition and Coonse State
Addition No. 2, within Section 36, Township 13 North, Range 18
E.W.M.
Parcel Number: Not applicable; streets do not have parcel numbers.
I I II II II II II 01 11 6
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C ITY OF YAK MA ORD $15.00 Yakima Co, WA
ORDINANCE NO. 2001- 48
AN ORDINANCE vacating the 45- foot -wide City of Yakima right -of -way
constituting the portion of King Street lying between South
Seventh and Eighth Avenue.
WHEREAS, Lee and Karen Curry (hereafter referred to as the "Applicant ") has, by
Petition No. 01 -03 and under City of Yakima Department of Community and
Economic Development ( "DCED ") file UAZO R/W Vac #2 -01, petitioned for
vacation of the 45- foot -wide City of Yakima right -of -way constituting the portion of
King Street lying between South Seventh and Eighth Avenue; and
WHEREAS, the City of Yakima Hearing Examiner, after conducting a public hearing
on June 28, 2001, and after considering the contents of the file and statements of
interested persons at the public hearing, has issued his Examiner's Recommendation
dated July 12, 2001, and has recommended approval of the requested right -of -way
vacation; and
WHEREAS, the City Council considered the requested right -of -way vacation and
the Hearing Examiner's Recommendation at its regular public meeting on
August 21, 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,
II II I I II II III I II 7239436
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f. TTY OF YAKTMA ORO $15.00 Yakima Co, WR
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA,
WASHINGTON:
Section 1. The Yakima City Council adopts and incorporates by reference the
Findings and Conclusions of the Hearing Examiner's Recommendation, Examiner
No. IU01 -8 -13, City Nos. UAZO R/W Vac #2 -01, issued July 12, 2001.
Section 2. The City of Yakima vacates its right -of -way interest over the following
real property (hereafter the "Subject Right -of- Way "):
That portion of King Street lying between South Seventh and Eighth
Avenue, within the limits of Yakima, Washington.
Section 3. 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 lel day of September, 2001.
SI MARY PLACE
Mary Place, Mayor
ATTEST:
is/ KAREN Sb ROBERTS, NC
City Clerk
Publication Date: 9-21 -2001
Effective Date: 10-21 -2001
tU to he a true and correct copy of the
original filed in my office. f�...� • —
CITY CLERK
By `MC I
•
;®
�SHI G
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2001, 8:13 AM Page 2
II 111111 11111111 IIII II 723 9436
Page 3 of 8
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f TY flr YAKIMA O $15 as Yakima Co, WR
RECEIVED
STATE OF WASHINGTON JUL 1.2 2001
CITY OF YAKIMA
OFFICE OF HEARING EXAMINER CITY OF YAKIMA
PLANNING DIV.
Right -of - Way Vacation ) EXAMINER'S RECOMMENDATION
Petitidn by Mr. and Mrs. Lee )
Curry, et al., Concerning ) City No. R/W VAC #2 - 01
King Street Between South 7 )
And 8 Avenue ) Examiner No.'* Ii301 -8 -13
The Examiner conducted a public hearing on June 28, 2001.
The staff report presented by Senior Planner Dan Valoff
recommended approval. There was strong opposition from a nearby
property owner, but all property owners adjacent to the right of
way join the petition to vacate. The Examiner inspected the
property prior to the hearing.
SUMMARY OF RECOMMENDATION. The Examiner recommends vacating
the right -of -way, subject to conditions.
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. The primary applicants are Lee and Karen
Curry, 1524 S. 7 Avenue, Yakima, WA 98902. They are joined by
the adjacent property owners identified on Exhibit 5, Jessie and
Elizabeth Wise, Donna Derby, and Joel and Annette Garcia.
EXAMINER'S RECOMMENDATION - 1
Mr. and Mrs. Lee Curry
Examiner's No. IU01 -8 -13
HEARING EXAMINER •
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA, WASHINGTON 98907
(509) 248 -0706
II II II II I I II II II - - -� -- - � -- - 7239436
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f:ITY OF YAKIMA ORO $15.88 Yakima Co, WA
2. Location. That portion of King Street consisting of a
250 foot segment running east and west between South 7 and South
8 Avenues.
3. Application. Petition to vacate right of way.
4. Current Zoning and Use. The subject property is
located in the R -2, Two- Family Residential, zoning district.
Adjacent properties have the following characteristics:
Location Zoning Existing Use
North R -2 Single family residential
East R -2 Single family residential
South R -2 Single family residential
West R -2 Single family residential
5. Background. This right of, way is undeveloped. The 45
foot wide strip was dedicated as part of the Coonse State Addition
platted in 1936 and the Coonse State Addition No. 2 platted in
1939.
King Street to the east is a gravel street. King Street does
•
not extend to the west past this undeveloped right of way.
South 7 and 8 Avenues are paved, without curbs, gutters,
or sidewalks.
The petitioners testified that over the years they have
incrementally fenced this property to prohibit pedestrian use,
and to limit dumping of garbage on the right of way. The
property has been blocked to pedestrians for 12 to 15 years.
They wish to have it vacated so that they can take a more
definite sense of ownership and further improve the area.
Physical inspection indicates that the undeveloped right of way
is already basically incorporated into the side and backyards of
adjacent lots.
6. Public Use of the Right-of-Way. A neighbor, Bill
Martin, lives at 1515 South 8th Avenue, and grew up in the
neighborhood. He presented a petition signed by 33 people which
EXAMINER'S RECOMMENDATION - 2
Mr. and Mrs. Lee Curry
Examiner's No. IU01 -8 -13
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
P05T OFFICE BOX 4
YAKIMA, WASHINGTON 98907
(509) 248 -0706
7239436
Page 56
1111 11111 /III /11/11/11/ /// 11/1! 1/11 /11/ £ & /5 /2S 1 93
0 $15.00 YkimC •3$P
•
states that they would like to have King Street reopened at Lee
Curry's expense.
Mr. Martin specifically resents the fact that the right of
way has been blocked off so that he and his children cannot easily
walk to his parent's house. Now they have to go around the block.
Mr. Martin is very definite about this, and exhibited considerable
frustration during the public hearing.
The thrust of the petition seems to be that a number of
people in the area would like the right of wa'y - reopened, but at
the expense of Mr. Curry rather than taxpayers. It is unclear
whether reopening is intended to mean pavement for use as a
street, or simply to unblock the dirt right of way by removal of
fences.
One of the reasons for the fences, besides reducing garbage
dumping, was to reduce the problems with kids throwing rocks into
the Garcia swimming pool.
7. Criteria for Right - of - Way Vacation. City policy
identifies five criteria for consideration:
7.1 Public Benefit. The public will benefit from the
vacation by returning this area to the abutting property owners,
who will then be responsible for property upkeep and a higher
standard of care. Restricted access will limit the potential for
vandalism and crime.
7.2 Denial of Access. This vacation will not deny
sole access to any property. It is true that its use as a
footpath makes travel distance to nearby properties further.
However, existing conditions have existed for at least 12 years,
apparently without incident.
7.3 Consistency with Transportation Plans. The Six -
Year Road Plan, the comprehensive plan, and other City plans and
policies do not reflect any planned improvements, nor any intent
to develop King Street. King Street will not function to the west
as part of a grid, since right of way does not exist further west.
EXAMINER'S RECOMMENDATION - 3
Mr. and Mrs. Lee Curry
Examiner's No. IU01 -8 - 13
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA, WASHINGTON 98907
(509) 248 -0706
II II II 1 II II 723943
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f1TY OF YAKIMA DRD $15.0A Yakima Co, WR
7.4 Consistency with Existing and Anticipated
Development and Zoning. This is a developed and stable
neighborhood. Vacation will allow abutting property owners to
further improve their properties.
7.5 Relocation of Utilities There are no public or
privat utilities located in the right of way.
8 . Compensation. The right of way was dedicated to the
city during the platting process. The city has not paid anything
to acquire the right of way nor has it made any expenditures to
improve or maintain the right of way. Accordingly, no
compensation is required, pursuant to City Resolution No. D -5630.
9. Traffic Study. A traffic study was not requested by
the planning division because this vacation will not affect
existing traffic patterns.
10. Environmental Review. Street vacations are
categorically exempt from SEPA review, pursuant to state
regulations and local ordinance. -
11. Public Notice. Notice of this hearing was accomplished
in the following manner:
Resolution R- 2001 -82 adopted to set public hearing May 15,
2001. •
Posting in three public places May 22, 2001.
Posting of property June 5, 2001.
Legal ad published June 8, 2001.
Adjoining property notices mailed June 8, 2001.
From the foregoing Findings, the Examiner makes the
following:
CONCLUSIONS
1. The Examiner has jurisdiction.
2. All notice provisions have been complied with.
EXAMINER'S RECOMMENDATION - 4
Mr. and Mrs. Lee Curry
Examiner's No. IU01 -8 -13
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA, WASHINGTON 98907
(509) 248 -0706
0 II II II 011 II II II 7239436
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1011512801 83 38P
CITY OF YAKIMA ORD $15.00 Yakima Co, WA
•
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 King Street right -of -way located between
South 7 and South 8 Avenues.
DATED this a day of July, 2001.
PHILIP A. LAM: - -
Hearing Examiner
EXAMINER'S RECOMMENDATION - 5
Mr. and Mrs. Lee Curry
Examiner's No. IU01 -8 -13
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA, WASHINGTON 98907
(509) 248 -0706
II II II II II II II II III I 7239436
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