HomeMy WebLinkAbout1999-050 McGuire Lumber Co. Inc. Right-of-Way Vacation 2
•
ORDINANCE NO. 99- 50
AN ORDINANCE vacating approximately 283 feet of undeveloped City of
Yakima right -of -way constituting Boden Avenue between
South 17th and 18th Streets.
WHEREAS, McGuire Lumber Company (hereafter referred to as the "Applicant")
has, by Petition No. 99 -05 and under City of Yakima Department of Community and
Economic Development ( "DCED ") file UAZO R/W Vac #2 -99, petitioned for
vacation of the 283 feet of City of Yakima right -of -way constituting Boden Avenue in
the vicinity of South 18th Street; and
WHEREAS, the City of Yakima Hearing. Examiner, after conducting a duly
convened public hearing on September 9, 1999, and after considering the contents of
the file and statements of interested persons at the public hearing, has issued his
Examiner's Recommendation dated September 23, 1999, and has recommended
approval of the requested right -of -way vacation without compensation; and
WHEREAS, the City Council considered the requested right -of -way vacation and
the Hearing Examiner's Recommendation at its regular public meeting on October
19, 1999; 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. IU99 -8 -15, City Nos. UAZO R/W Vac #2 -99, issued September 23, 1999, a true
copy of which is attached as Exhibit A.
Section 2.The City of Yakima vacates its right -of -way interest over the following real
property (hereafter the "Subject Right -of- Way "):
All that part of the 40 foot by 283 foot, more or less, public right -of -way
for Boden Street as dedicated and set forth on GIBLER'S GARDEN
TRACTS, recorded in Volume H of Plats, page 34, records of Yakima
County, Washington,
lying south of and adjacent to
Lot 35, GIBLER'S GARDEN TRACTS, recorded in Volume H of Plats,
page 34, records of Yakima County, Washington; EXCEPT that part of
the East half of vacated South 17th Street abutting on the west line
thereof. -
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 7th day of December, 1999.
John Puccinelli, Mayor
ATTEST: .
City Clerk
Publication Date: 12 -10-99
Effective Date: 01-09 -2000 •
\ \Lwatkins \ shared \File- Sharing\ KAREN -S- FOLDER \E -MAIL ENCLOSURES \ ord re McGuire Lumber, Last printed 12 /02/99
10:54 AM •
• EXHIBIT A • RECEIVED
• SEP 2 3 '1999
• CITY OF PLANNING r:Ktb�r�
Petition to Vacate Right of ,Way ) EXAMINER'S RECOMMENDATION
)
• by McGuire Lumber•Co. Inc., at )
Boden Avenue Near South 18 St. ) City No. UAZO R/W Vac.
and Nob Hill' Blvd. • ) , #2 -99
) • -
- ) EXAMINER NO. IU99 -8 -15
The Examiner conducted a public. hearing on September 9, 1999.
The staff report presented by Dan Valoff recommended approval.
Attorney Carter Fjeld of Velikanje, Moore and Shore appeared -on
behalf of the applicant. There. was no opposition. The Examiner
• inspected the property prior to the hearing.
SUMMARY OF DECISION. The Examiner recommends vacating the
right of way.
41/1 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. McGuire Lumber Co. -Inc
. 2. Location. Boden Avenue is a dead end street
connecting to South 18 Street on the east end of Boden. Boden
• is 40 foot wide by 283 feet long'.
The legal description is:
EXAMINER'S RECOMMENDATION - 1
McGuire Lumber Co. Inc.
•
Examiner No. IU99 -8 -15
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
•
rams*. WA WIk niw coon,
•
All that part of the 40 foot by 283 foot, more or less,
public right -of -way for Boden Street as dedicated and set
forth on GIBLER'S GARDEN TRACTS, recorded in Volume H of
Plats, page 34, records of Yakima County, Washington,
lying south of and adjacent to
Lot 35, GIBLER'S GARDEN TRACTS, recorded in Volume H of
Plats, page 34, records of Yakima County, Washington; EXCEPT
that part of the East half of vacated South 17 Street
abutting on the west line thereof.
3. Application. Petition to vacate right of way.
4. Current Zoning and Use. The subject property is
located in the M -1, Light Industrial, zoning district. Adjacent
properties have the following characteristics.
Location Zoning Existing Use
North M -1 Single family residential
East R -2 Single family residential
South M -1 Vacant lot
West M -1 Truck brokerage business
5. Background. This right of way was dedicated as part
of the 1936 plat of Gilberts Garden Tracts. McGuire Lumber Co.
Inc. and various entities owned by the McGuire family border Boden
Avenue on all sides. Boden Avenue is not developed, is not
utilized for access to any adjoining properties, and is currently
essentially a vacant lot.
6. Public Use of the Right of Way. There currently is no
public use of the right of way.
7. Criteria for Right of Way Vacation.
7.1 Public Benefit. This area has recently been
rezoned to Light Industrial. Vacating Boden will allow
integrated development of the property. Boden Avenue
serves no useful public function.
7.2 Denial of Access. No property will be denied
• EXAMINER'S RECOMMENDATION - 2
McGuire Lumber Co. Inc.
Examiner No. IU99 -8 -15
4 11 0
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
venue WACYIAII:T■I non..,
•
•
access by virtue of. vacating Boden.
•
• 7.3 Consistency With Transportation Plans. The
•
• current 6 Year Transportation Improvement Plan
does not reflect any planned.: improvements to the
right of way. This vacation is consistent with
the 6. Year Road Plan and-all relevant city plans
and policies.
•
7.4- Consistency With .Existing and Anticipated
Development and Zoning. The, property rezoned by
the. McGuires, which borders Boden, has frontage on
both 18` Street and Mead Avenue. McGuires intend
to redevelop the property .with light industrial
type uses, although there are no specific plans at
. this point. Vacating Boden allows flexibility in
. redeveloping this property.
'Relocation of Utilities. No utilities are located •
- in Boden Avenue.
1111 ,
8. ; Compensation. Pursuant to City Resolution No. D -5630,
. no compensation is required for vacating this right of way.
Compensation. is required when the right of - way was obtained and /or
improved, at public expense, neither of which applies in this
instance. • •
9. Traffic Study. A traffic study was not requested, and
is not required, to process this_petition.
10. Environmental Review. Street vacations are
categorically exempt from SEPA review, as specified in WAC 197-11 -
.800(2)h and YMC 6.:88. .
11. Public Notice. Notice of this hearing was accomplished
in the following manner:
Resolution R- 99- 104 to
•
set public hearing August 3, 1999
Posting in three public places August 6, 1999 •
•
EXAMINER'S RECOMMENDATION - 3
McGuire Lumber Co. Inc
Examiner No. IU99 -8 -15
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
•
. POST OFFICE BOX 4
YAWS.* MM+
Posting of property August 20, 1999
Legal ad published August 20, 1999
Adjoining property notices mailed August 20, 1999
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:
RECONDATION
Approve vacating the Boden Avenue right -of -way, as legally
described above.
DATED this 7_3 day of September 1999.
PHILIP A. LRMB
Hearing Examiner
EXAMINER'S RECOMMENDATION - 4
McGuire Lumber Co. Inc. 1
Examiner No. IU99 -8 -15
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA WASHINWZTAM 0110/17
•
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
ITEM NO. /G
FOR MEETING OF: December 7. 1999
ITEM TITLE: Ordinance approving the Right of Way Vacation petition submitted by
McGuire Lumber Company to vacate Boden Avenue between South 17th and 18th
Street.
SUBMITTED BY: William Cook, Director of Community & Economic Development
CONTACT PERSON / TELEPHONE: Dan Valoff, Associate Planner, 575 -6163
SUMMARY EXPLANATION:
On October 19, 1999 the City Council conducted a Public Meeting and voted
unanimously to approve the Right of .Way Vacation request by McGuire Lumber
• Company to vacate undeveloped Boden Avenue right of way between South 17th &
18th Street.
Resolution _ Ordinance X Contract _ Other (Specify)
Funding Source
APPROVAL FOR SUBMITTAL:
C ity Manager
STAFF RECOMMENDATION: Approval of ordinance prepared by City Legal staff.
BOARD RECOMMENDATION: Hearing Examiner recommends approval.
COUNCIL ACTION:
411
i
•
•
Return To:
•
Yakima City Clerk
•
129 North Second Street
Yakima, WA 98901
Document Title: RIGHT -OF -WAY VACATION OF PUBLIC STREET
(Ordinance No. 99 - 50)
Grantor: City of Yakima
. Grantee: McGuire Lumber Company
Legal Description: All that part of the 40 foot by 283 foot, more or less, public right -of -way
for Boden Street as dedicated and set forth on GIBLER'S GARDEN
TRACTS, recorded in Volume H of Plats, page 34, records of Yakima
County, Washington,
Lying south of and adjacent to
Lot 35, GIBLER'S GARDEN TRACTS, recorded in Volume H of Plats,
page 34, records of Yakima County, Washington; EXCEPT that part of
the East half of vacated South 17 Street abutting on the west line thereof.
•
Parcel Number: None
Page 1 of 1
011 1111 III I 7151492
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01/10/2000 03:17P
YRKIMR CITY OR0 $14.00 Yakima Co, WA
ORDINANCE NO. 99-50
AN ORDINANCE vacating approximately 283 feet of undeveloped City of
Yakima right -of -way constituting Boden Avenue between
South 17th and 18th Streets.
•
WHEREAS, McGuire Lumber Company (hereafter referred to as the "Applicant")
has, by Petition No. 99 -05 and under City of Yakima Department of Community and
Economic Development ( "DCED ") file UAZO R/W Vac #2 -99, petitioned for
•
vacation of the 283 feet of City of Yakima right -of -way constituting Boden Avenue in
the vicinity of South 18th Street; and
WHEREAS, the City of Yakima Hearing Examiner, after conducting a duly •
convened public hearing on September 9, 1999, and after considering the contents of
the file and statements of interested persons at the public hearing, has issued his
Examiner's Recommendation dated September 23, 1999, and has recommended
approval of the requested right -of -way vacation without compensation; and
WHEREAS, the City Council considered the requested right -of -way vacation and
the Hearing Examiner's Recommendation at its regular public meeting on October
19, 1999; 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- rno'public.purposawould 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 II II IIII III I 92
P 2 of
01/10/2000 03 :17P
YAKIMA CITY ORD $14. Yakima Co, WA
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. IU99 -8 -15, City Nos. UAZO R/W Vac #2 -99, issued September 23, 1999, a true
copy of which is attached as Exhibit A.
Section 2.The City of Yakima vacates its right -of -way interest over the following real
property (hereafter the "Subject Right -of- Way "):
All that part of the 40 foot by 283 foot, more or less, public right -of -way
for Boden Street as dedicated and set forth on GIBLER'S GARDEN
TRACTS, recorded in Volume H of Plats, page 34, records of Yakima
County, Washington,
lying south of and adjacent to
Lot 35, GIBLER'S GARDEN TRACTS, recorded in Volume H of Plats,
page 34, records of Yakima County, Washington; EXCEPT that part of
the East half of vacated South 17th Street abutting on the west line
thereof.
•
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 7th day of December, 1999.
• S/ JOHN PUCCINELLI
John Puccinelli, Mayor
ATTEST:
City Clerk •
•
Publication Date: 12 -10-99
Effective Date: 01 -09 -2000 Certified to be a true and correct copy of the
original filed in nay office. /.....
• 3^ , C1 r CLERK A
� , Y°
By ii/ .. ALA., DO ut1
\ \Lwatkins \cc shared \ File-Sharing\ KAREN-S-FOLDER \E-MAIL ENCLOSURES \ord re McGuire et, Last n e ,0"]:ZJ02/99,
10:54 AM s F
II II II II II II II II 7151492
Page: 3 of 7
01/10/2000 03 :17P
• • Y AKIMA CITY DAD $14.00 Yakima Co, WA
Petition to Vacate Right of Way ) EXAMINER'S RECOMMENDATION
)
by McGuire Lumber Co. Inc., at ) •
Boden Avenue Near South 18 St. ) City NC. UAZO R /'W Vac.
and Nob Hill Blvd. ) #2 -99
)
• ) EXAMINER NO. 1U99-8-15
The Examiner conducted a public hearing on September 9, 1999.
The staff report presented 'by Dan Valoff recommended approval.
Attorney Carter Fjeld of Velikanje, Moore and Shore appeared on
behalf of the applicant. There was no opposition. The Examiner
inspected the property prior to the hearing.
5..._ ,.._. Y OF DECISION. The Examiner recommends vacating the
right of way.
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. McGuire Lumber to. Inc-.
2. Location. Boden Avenue is a dead end street
connecting to South 18 Street on the east end of Boden. Boden
is 40 foot wide by 283 feet long.
The legal description is:
EXAMINER ` S RECOMMENDATION - 1
McGuire Lumber Co. Inc.
Examiner No. IU99 -8 -15 EXHIBIT "A
•
. 11111 II IIII 111101111111
7151492
Page 4 of 7
YAK 0111612000 03:17P
IMR CITY
ORD . $14.00 Yakima Co, WA
All that part of the 40 foot by 283 foot, more or less,
public right -of -way for Boden Street as dedicated and set
forth on GIBLER'S GARDEN TRACTS, recorded in Volume H of
Plats, page 34, records of Yakima County, Washington,
lying south of and adjacent to
Lot 35, GIBLER'S GARDEN TRACTS, recorded in Volume H of
Plats, page 34, records of Yakima County, Washington; EXCEPT •
that part of the East half of vacated South 17 Street
abutting on the west line thereof.
3. Application. Petition to vacate right of way..
4. Current Zoning and Use. The subject property is
.located in' the M -1, Light Industrial, zoning district. Adjacent
properties have the following characteristics. •
Location Zoning Existing Use
North M -1 Single family residential
East R -2 Single family residential
South M-1 Vacant lot
West M -1 Truck brokerage business
5. Background. This right of way was dedicated as part
of the 1936 plat of Gilber's Garden Tracts. McGuire Lumber Co.
Inc. and various entities owned by the McGuire family border Boden
Avenue on all sides. Boden Avenue is not developed, is not
utilized for access to any adjoining properties, and is currently •
essentially a vacant lot.
6. Pubic Use of the Right of Way. There currently is no
public use of the right of way. .
7. Criteria_._for Right of Way Vacation.
7.1 Public Benefit. This area has recently been
rezoned to Light Industrial. Vacating Boden will allow
integrated development of the property. Boden Avenue
serves no useful public function.
7.2 Denial of Access. No property will be denied
EXAMINER'S RECOMMENDATION - 2
McGuire Lumber Co. Inc.
Examiner No. IU99 -8 -15
•
9
P 5 o f
01/10 03 7 :17P
YRKIMR CITY ORD $14.60 Yakima Co, WI
access by virtue of vacating Boden.
•
7.3 Consistency With Transportation Plans. The
current 6 Year Transportation Improvement Plan
does not reflect any planned improvements to the
right of way. This vacation is consistent with
the 6 Year Road Plan and all relevant city plans
and policies.
•
7.4 Consistency With Existing and Anticipated
Development and .Zgning. The property rezoned by
the McGuires, which borders Boden, has frontage on
both 18 Street and Mead Avenue. McGuires intend
to redevelop the property with light industrial
type uses,_although there are no specific plans at
this point. Vacating Boden allows flexibility in
redeveloping this property.
7.5 . Relocation of Utilities. No utilities' are located
in Boden Avenue.
8. Campendation. Pursuant to City Resolution No. D -5630,
no compensation is required for vacating this right of way.
,Compensation is'required when the right of way was obtained and /or
improved at public expense, neither of which applies in this
instance.
9. Traffic Study. A traffic study was not requested, and
is not required, to process this petition. •
10. Environmental Review, Street vacations are
categorically exempt from SEPA review, as specified in WAC 197-11 -
800(2)h and YMC 6.88.
11. Public Notice. Notice of this hearing was accomplished
in the following manner:
Resolution R -99 -104 adopted to
set public hearing August 3, 1999
Posting in three public places August 6, 1 99 9
•
EXAMINER'S RECOMMENDATION - 3
McGuire Lumber Co. Inc.
Examiner No. I1399 -8 -15
• • II III II 11114111 7151492
Page: fi of 7
01/1012000 03:17P
• YA KIMA CITY 0RD #14.00 Yakima Co, WR
Posting of property August 20-, 1999
Legal ad published • August 20, 1999
Adjoining property notices mailed August 20, 1999
From the foregoing Findings, the Examiner makes the
following:
CONCLuSI ®NS
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:
mcmNDATION
Approve vacating the Boden Avenue right -of -way, as legally
described above.
DATED this r 2- ' 3 day of September 1999•
PHILI A A. L MB
Hearing Examiner
EXAMINER °S RECOMMENDATION - 4
McGuire Lumber Co. Inc.
Examiner No. IU99 -8 -15
•
II 1111 II 1111 1111 II 715
Page: 7 of 7
01/10/2000 03 :17P
YAKIMA CITY ORD $14.00 Yakima Co, WA
