HomeMy WebLinkAbout2000-034 Saint Joseph Parish alley right-of-way vacation Return To:
Yakima City Clerk
129 North Second Street
Yakima, WA 98901
Document Title: Ordinance No. 2000 -34
(Saint Joseph parish alley right -of -way vacation)
Grantor: City of Yakima
Grantee: Public
Legal Description: Alley in Block 68, Town of North Yakima, now
Yakima, Washington, records of Yakima County,
Washington.
Parcel Number: 191319 - 21489
7185387
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YAK CITY ORS $15.00 Yakima Co, WA
•
ORDINANCE NO. 2000 - 34
AN ORDINANCE vacating the 20- foot -wide City of Yakima right -of -way
constituting the unnamed alley between "B" Street and
• Lincoln in Block 68 at St. Joseph parish.
WHEREAS, the Corporation of the Catholic Bishop of Yakima (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 #2 -00,
petitioned for vacation of the 20- foot -wide City of Yakima right -of -way constituting
•
the unnamed alley between "B" Street and Lincoln in Block 68 at St. Joseph parish;
and
WHEREAS, the City of Yakima Hearing Examiner, after conducting a public hearing
on July 27, 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 July 28, 2000, and has recommended approval of the requested right -of -way
vacation without compensation subject to one condition 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 September 5,
2000; and
WHEREAS, after considering the Hearing Examiner's Recommendation, the
conteintsbf 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
7185387
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YAK CITY ORD $15,00 Yakima Co, A
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. IU00 -8 -13, City Nos. UAZO R/W Vac #2 -00, issued July 28, 2000.
Section 2. The City of Yakima vacates its right -of -way interest over the following
real property (hereafter the "Subject Right -of- Way "):
Alley in Block 68, Town of North Yakima, now Yakima, Washington,
records of Yakima County, Washington.
Section 3. CONDITIONS PRECEDENT: The right -of -way vacation provided
herein shall not be effective unless and until the Corporation of the Catholic Bishop
of Yakima prepares, delivers and records utility easements according to the
condition stated on page 5 of the Hearing Examiner's Recommendation.
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 5th- .day of September, 2000.
/S/ MARY PLACE
Mary Place, Mayor
ATTEST:
/S/ LINDA WATKINS
Acting City Clerk
Publication Date: 9 - - 2000 certified to be a true and correct copy of the
original filed in ray office. 01.
Effective Date: 10-8 -2000 /
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C: \WINDOWS \TEMP \St Joseph alley row vacation.doc
II II IIIII I III I II II II 7185387
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YA K CITY ORD $15.00 Yakima Co, WA
• STATE OF WASHINGTON
CITY OF YAKIMA
OFFICE OF HEARING EXAMINER
Right of Way Vacation Request by ) EXAMINER'S RECOMMENDATION
the Bishop re St. Joseph's Catholic)
Church ) City No. R/W VAC #2 -00
EXAMINER NO. IU00 -8 -13
•
The Examiner conducted a public hearing on July 27, 2000.
The staff report presented by Bruce Benson recommended approval.
Architect Barbara Kline spoke on behalf of the church. Attorney
Jeannie Zimmerman submitted the application on behalf of the
property owner. There was no opposition. The Examiner is
familia "r with the property.
•
SUMMARY OF DECISION. The Examiner recommends vacating the
right'tgf way, subject to providing for appropriate utility
easements.
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. Applicant and Property Owner. The Corporation of
. the Catholic Bishop of Yakima, 5301 -A Tieton Drive, WA 98908.
EXAMINER'S RECOMMENDATION - 1
Corporation of the Catholic
Bishop of Yakima
Examiner No. IU00 -8 -13
• 1111111111111111 11E11 11111 1111 7185387
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YRK CITY ORD $15.88 Yakima Co, '44P
Co, WA
2. Location. The address of St. Joseph parish is 212 N. 4th •
Street, Yakima. The Assessor's parcel number is 191319- 21489,
which comprises all of Block 68 of the plat of the town of North
Yakima, now Yakima. The alley is 20 feet wide, runs from A Street
on the south to Lincoln on the north, bisecting Block 68 into two
equal parts.
3. Application. Right of way vacation.
4. Current Zoning and Use. The alley, as right of way, is
technically unzoned. Surrounding properties have the following
zoning:
Zoning Land Use
North B -1 Parking Lot, Offices
South . CBD Offices
.West CBDS • Offices, Parking Lot, Church
East CBDS Parking Lot
•
5. Background. St. Joseph's Catholic Church was destroyed
by fire in 1999. Current plans to rebuild and enlarge the church
. envision utilizing a portion of the alley. The church owns the
entire block, which also contains a grade school. The alley for
years has been incorporated as part of the church property, with
access' from various points, but the alley has been fenced off as
part of the entire compound.
6. Public Use of the Right of Way. Due to inclusion of
the alley in the church compound, the right of way has not been
used by the public for many years.
7. Criteria for Right of Way Vacation. City policy
identifies five criteria for consideration:.
• 7.1 Public Benefit. Vacating the alley permits
flexibility in rebuilding the church. There is no detriment to
the public.
7.2 Denial of Access. The church owns the entire
block. No parcels are denied access by vacating the alley.
EXAMINER'S RECOMMENDATION - 2 •
Corporation of the Catholic
Bishop of Yakima
Examiner No. IU00 -8 -13
7185387
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7.3 Consistency With Transportation Plans. The Six
Year Transportation Improvement Plan, running from 2001 to 2006,
does not indicate any plans or improvements concerning the alley.
The comprehensive plan and other city plans and - policies do not
reflect any proposed improvements to this right of way, nor would
these plans and policies be affected by this vacation.
7.4 Consistency of the Exisiting and Anticipated
Development and Zoning. This entire block has for years been
devoted to the church's religious and educational activities, all
of which are consistent with the underlying zoning. For all
practical purposes the alley has been invisible for years.
Vacating it simply conforms legal reality with historic practice.
7.5 Relocation of Utilities. Electrical,.natural gas,
and irrigation utilities are located within the alley. The city.
irrigation line can be terminated within the alley without
disrupting service. The church will relocate all other utilities
to a location agreeable with the various utility companies,
subject to creation of new easements.
8. . Compensation. City resolution D -5630 specifies the
requirements for compensation. It states that no compensation
shall-be required to be paid to the City for the vacation of
right -of -way which the City has not purchased, maintained, nor
made any improvements to and when no planned or anticipated
public purpose exists for maintaining the right -of -way.
The City acquired the right -of -way from the Plat of the Town
of North Yakima, now Yakima. The property was improved and
maintained at the expense of the petitioner and, aside from
utility easements, no further improvements are planned nor public
purpose anticipated for the use of the existing right -of -way.
Thus, no compensation to the City is required.
EXAMINER'S RECOMMENDATION - 3
Corporation of the Catholic
Bishop of Yakima
Examiner No. IU00 -8 -13 •
7185387
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9. Traffic Stud. A traffic study was not required for
this right of way vacation, because the alley has not been used by
the public for many years.
10. Environmental Review. Street vacations are
categorically exempt from SEPA review, pursuant to WAC 197 -11-
800(2)h and YMC 6.88.
11. Notice. The Yakima City Council set the date of this
public hearing for street vacation on June 27, 2000 by resolution
R- 2000 -81, per RCW 35.79.010. Other notices of this hearing were
provided as follow:
Posting in three public places July 7, 2000
Posting of property July 7, 20,00
Adjoining property owner notices mailed July 7, 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 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 20 foot alley right of way, subject to
the following condition:
EXAMINER'S RECOMMENDATION - 4
Corporation of the Catholic
Bishop of Yakima
Examiner No: IU00 -8 -13
7185387
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r T TY NM $15.0 Yakima Co, 0
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1. Easements 10 feet in width shall be provided for both
natural gas and electricity, for the relocation by the applicant
of public utilities. The realigned easements must be accepted as
to form and content by both utilities and recorded prior to
recording the ordinance of vacation.
•
DATED this 2 day of July, 2000.
Philip A. La
Hearing Examiner
•
•
EXAMINER'S RECOMMENDATION 5
Corporation of the Catholic
Bishop of Yakima
Examiner No. IU00 -8 -13
•
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YRK CITY ORO 515.00 Yakima Co, WA
ORDINANCE NO. 2000- 34
AN ORDINANCE vacating the 20- foot -wide City of Yakima right -of -way
constituting the unnamed alley between "B" Street and
Lincoln in Block 68 at St. Joseph parish.
WHEREAS, the Corporation of the Catholic Bishop of Yakima (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 #2 -00,
petitioned for vacation of the 20- foot -wide City of Yakima right -of -way constituting
the unnamed alley between "B" Street and Lincoln in Block 68 at St. Joseph parish;
and
WHEREAS, the City of Yakima Hearing Examiner, after conducting a public hearing
on July 27, 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 July 28, 2000, and has recommended approval of the requested right -of -way
vacation without compensation subject to one condition 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 September 5,
2000; 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
r'
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. IU00 -8 -13, City Nos. UAZO R/W Vac #2 -00, issued July 28, 2000.
Section 2. The City of Yakima vacates its right -of -way interest over the following
real property (hereafter the "Subject Right -of- Way "):
Alley in Block 68, Town of North Yakima, now Yakima, Washington,
records of Yakima County, Washington.
Section 3. CONDITIONS PRECEDENT: The right -of -way vacation provided
herein shall not be effective unless and until the Corporation of the Catholic Bishop
of Yakima prepares, delivers and records utility easements according to the
condition stated on page 5 of the Hearing Examiner's Recommendation.
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 5th- day of September, 2000.
171 /9dGe-
Mary Place, Mayor
ATTEST:
Acr ing City Clerk
Publication Date: 9 -8 -2000
Effective Date: 10 -8 -2000
•
C: \WINDOWS \TEMP \St Joseph alley row vacation.doc
•
•
STATE OF WASHINGTON
CITY OF YAKIMA ' •
OFFICE OF HEARING EXAMINER .
•
Right of Way Vacation Request by ) EXAMINER'S RECOMMENDATION
the Bishop re St. Joseph's Catholic)
Church ) City No. R/W VAC #2 -00
EXAMINER NO. IU00 -8 -13
The Examiner conducted a public hearing on July 27, 2000.
The staff report presented by Bruce Benson recommended approval.
Architect Barbara Kline spoke on behalf of the church. Attorney •
Jeannie Zimmerman submitted the application on behalf of the
property owner. There was no opposition. The Examiner is
familiar with the property.
SUMMARY OF DECISION, The Examiner recommends vacating the
•right,'of way, subject to providing for appropriate utility
easements.
•
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: Applicant and Property Owner. The Corporation of.
the Catholic Bishop of Yakima, 5301 - A Tieton Drive, WA 98908.
EXAMINER'S RECOMMENDATION - 1
Corporation of the Catholic
Bishop of Yakima
Examiner No. IU00 -8 -13 •
•
•
2. Location. The address of St. Joseph parish is 212 N. 4
Street, Yakima. The Assessor's parcel number is 191319- 21489,
which comprises all of Block 68 of'the plat of. the town of North
• Yakima, now Yakima. The alley is 20 feet wide, runs from A Street
on the south to Lincoln on the north, bisecting Block 68 into two
equal parts.
3. Application. Right of way vacation.
4. Current Zoning and Use. The alley, as right of way, is
technically unzoned. Surrounding properties have the following
zoning:
Zoning Land Use
North B -1 Parking Lot, Offices
South CBD Offices
West CBDS - Offices, Parking Lot, Church
East CBDS Parking Lot
5. Background. St. Joseph's Catholic Church was destroyed
by fire in 1999. Current plans to rebuild and enlarge the church
•
envision utilizing a portion of the alley. The church owns the
entire block, which also contains a grade school. The alley for
years _ k - ias been incorporated as part of the church property, with
access' from various points, but the alley has been fenced off as
part of the entire compound.
6. Public Use of the Right of Way. Due to inclusion of
the alley in the church compound, the right of way has not been
used by the public for many years.
7. Criteria for Right of Wav Vacation. City policy
identifies five criteria for consideration:
7.1 Public Benefit. Vacating the alley permits
flexibility in rebuilding the church. There is no detriment to
the public.
7.2 Denial of Access. .The church owns the entire
block. No parcels are denied access by vacating the alley. •
EXAMINER'S RECOMMENDATION - 2
Corporation of the Catholic
Bishop of Yakima
Examiner No. IU00 -8 -13
•
•
' 7.3 Consistency With Transportation Plans. The Six
Year Transportation Improvement Plan, running.from 2001 to 2006,
does not indicate any plans or improvements concerning the alley. .
The comprehensive plan and other city plans and policies do not
reflect any proposed improvements to this right of way, nor would
these plans and policies be affected by this vacation.
7.4 Consistency of the Exisiting and Anticipated
Development and Zoning. This entire block has for years been
devoted to the church's religious and educational activities, all
of which are consistent with the underlying zoning. For all
practical purposes the alley has been invisible for years.
Vacating it simply conforms legal reality with historic practice.
• 7.5 Relocation of Utilities. ,Electrical, natural gas,
and irrigation utilities are located within the alley. The city
irrigation line can be terminated within the alley without
disrupting service. The church will relocate all other utilities
to a location agreeable with the various utility companies,
subject to creation of new easements.
8. . Compensation. City.resoliution D -5630 specifies the
requirements for compensation. It states that no compensation
• sha17, °be required to be paid to the City for the vacation of
right -of -way which the City has not purchased, maintained, nor
made, any improvements to and when no planned or anticipated
public purpose exists for maintaining the right -of -way.
The City acquired the right -of -way from the Plat of the Town
of North Yakima, now Yakima. The property was improved and
maintained at the expense of the petitioner and, aside from
utility easements, no further improvements are planned nor public
purpose anticipated for the use'of.the existing right -of -way.
Thus, no compensation to the City is required.
EXAMINER'S RECOMMENDATION - 3
Corporation of the Catholic •
•
Bishop of Yakima
Examiner No. IU00 -8 -13
•
•
•
9. Traffic Study. A traffic study was not required for
this right of way vacation, because the alley has not been used by
the public for many years.
10. Environmental Review. Street vacations are
categorically exempt from SEPA review, pursuant to WAC 197-11 -
800(2)h and YMC 6.88.
11. Notice. The :Yakima City Council set the date of this
public hearing for street vacation on June 27, 2000 by resolution
R- 2000 -81, per RCW 35.79.010. Other notices of this hearing were
provided as follow:
Posting in three public places July 7, 2000
Posting of property July 7, 2000
Adjoining property owner notices mailed July 7, 2000
From the foregoing Findings, the Examiner makes the following:
•
•
CONCLUSIONS
1. The Examiner has jurisdiction.
All notice provisions have been complied with.
.3. Vacation of this right of way is consistent with 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 20 foot alley right of way, subject to
the following condition: •
•
.EXAMINER'S RECOMMENDATION - 4
Corporation of the Catholic
Bishop of Yakima
Examiner No. IU00 -8 -13
1. Easements l0'feet in width shall be provided for both
natural gas and electricity, for the relocation by the applicant
of public utilities.. The realigned easements must be accepted as
to form and content by both utilities and recorded prior to
recording the ordinance of vacation.
DATED this 2- day of July, 2000.
•
•
•
I
• Philip A. La ■
Hearing Examiner
•
•
•
1 t
•
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EXAMINER'S RECOMMENDATION - 5
Corporation of the Catholic
Bishop of Yakima
Examiner .No. IU00 -8 -13
•
•
•
YAKIMA, WASHINGTON
AGENDA STATEMENT
ITEM NO.
FOR MEETING OF: Sept. 5, 2000
ITEM TITLE: Closed record public hearing for consideration of the hearing
examiner's recommendation to vacate the alley located within Block 68, Town of North
Yakima, now Yakima.
SUBMITTED BY: m R. Cook, Director of Community Economic Development
CONTACT PERSON / TELEPHONE: Bruce Benson, Associate Planner,
575 -6042
SUMMARY EXPLANATION: The Corporation of the Catholic Bishop of Yakima
submitted vacation petition 00 -07, requesting the vacation of the unnamed alleyway
located in Block 68, Town of North Yakima, now Yakima. This alley is located on the
west side of St. Joseph's Catholic Church and its vacation is being requested to facilitate
in the re- construction of the church.
On July 27, 2000 the hearing examiner held an open record public hearing on this
request and the following day issued his recommendation to approve the vacation. You
are now being asked to conduct a closed record public hearing to consider the hearing
examiner's recommendation and to approve the ordinance of vacation.
Resolution Ordinance X Contract _ Other (Specify) Hearing Examiner's
recommendation
Funding Source N/A
APPROVAL FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Accept the hearing examiner's recommendation and
adopt the ordinance of vacation.
BOARD RECOMMENDATION: The City of Yakima hearing examiner's decision was to
approve the right -of -way vacation.
COUNCIL ACTION: Ordinance passed. ORDINANCE NO. 2000 -34