HomeMy WebLinkAbout1998-055 Vacation Fenton Street ORDINANCE NO. 98- 55 •
• AN ORDINANCE concerning right -of -way vacation; vacating approximately 70 feet of
City of Yakima right -of -way along the east side of Fenton Street in
the vicinity of 920 Fenton Street.
WHEREAS, the Yakima Housing Authority (hereafter referred to as the "Applicant ") has
petitioned for vacation of the east 70 feet of City of Yakima right -of -way along Fenton Street in
the vicinity of 920 Fenton Street (see DepalLwent of Community and Economic Development
file UAZO R/W Vac #3 -8, including Petition No. 1239); and
WHEREAS, the City of Yakima Hearing Examiner, after conducting a public hearing on
August 13, 1998, and after considering the contents of the file and statements of interested
persons at the public hearing, has issued his Examiner's Recommendation dated August 27,
1998, and has recommended approval of the requested right -of -way vacation without
compensation subject to three 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 October 20, 1998; 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, subject to three conditions stated on page 5 of the
Examiner's Recommendation:
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, subject to certain conditions;
•
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. I98 -8 -23, City
C: \word docs \land use \right -of -way vacation \yak hsng auth - fenton st \fenton street right -of -way v.doc, November 12, 1998,
4:10 PM
•
No. UAZO R/W Vac #3 -8, issued August 27, 1998, a true copy of which is attached as
Exhibit A.
Section 2. Subject to the conditions stated in Section 3 below, the City of Yakima vacates its
right -of -way interest over the following real property (hereafter the "Subject Right -of- Way "):
THE FULL WIDTH (40 FEET) OF THE EAST 70 FEET OF THE FENTON
STREET RIGHT OF WAY, AS ORIGINALLY DONATED AND
DEDICA'1•ED TO THE PUBLIC IN PLAT OF FRANCES DUNNING
VILLA LOTS, VOLUME A OF PLATS, PAGE 67, YAKIMA, YAKIMA
COUNTY, WASHINGTON.
Section 3. CONDITIONS PRECEDENT: The right -of -way vacation provided herein shall
not become effective unless and until:
1. The owner(s) conveys to the City an easement for public utilities over the length of
the vacated portion of Fenton Street.
2. A modified turnaround at the terminus of Fenton Street is constructed according to
design and construction plans approved by the City Engineer. Alternatively, in lieu
• of actual construction of the modified turnaround, the applicant may provide
financial security for actual construction based on design and construction plans
approved by the City Engineer. •
3. The Yakima Housing Authority shall merge into one parcel the properties on the
south side of Fenton Street in the vicinity of the vacated right -of -way.
Section 3. CONDITIONS: The right -of -way vacation provided herein is further made
expressly subject to the condition that the Yakima Housing Authority shall provide for adequate
fire flow according to design and construction plans approved by the Code Administration
. Manager.
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 17th
day of November, 1998.
Ma s • . ace , May or. Pro Tem
ATTEST: dry
`4
City Clerk
Publication Date: 11 - 20 - 98
Effective Date: 12 - 98
C: \word does \land use \ right-of-way vacation \yak hang auth - fenton st \fenton street right -of -way v.doc, November 12, 1998,
4:10 PM
si J 1V r�u
AUG 2 7 1998
CITY OF YAKIMA
PLANNING DIV.
Right of Way Vacation Requested ) EXAMINER'S RECOMMENDATION
by Yakima Housing Authority )
Concerning 920 Fenton Street ) City No. UAZO R/W VAC
#3 -8
EXAMINER NO. IU98 -8 -23
The Examiner conducted a public hearing on August 13, 1998.
The staff report presented by Joan Davenport recommended approval.
There . was no opposition. Tim Monahan spoke on behalf of the
Housing Authority. The Examiner inspected the property prior to
the hearing.
SUMMARY OF DECISION. The Examiner recommends vacating the
right of way, without 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. Applicant. Yakima Housing Authority.
2. Location. Approximately 70 feet on the east end of
Fenton Street, in the vicinity of 920 Fenton.
The legal description is: The full width (40 feet) of the
east 70 feet of the Fenton Street right of way, as originally
donated and dedicated to the public in the plat of Frances Dunning
Villa lots, Volume A of plats, page 67, Yakima, Yakima County,
Washington.
EXAMINER'S RECOMMENDATION - 1
Yakima Housing Authority .
HE #IU98 -8 -23
HEARING EXAMINER
FOR THE
CRY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 248 -0706
•
3. Application. Petition to vacate right of way.
4. Current Zoning and Use. Adjacent properties on the "
south side of Fenton Street are currently zoned R -3, Multi- Family
Residential. On the north side of Fenton and west of the subject
vacation area, the properties are zoned R -1, Single Family
residential. Fenton Street is characterized by single family
homes. Three of the four lots proposed for development are zoned
R -3, and are the only properties on Fenton Street which are not
zoned R -1.
5. Background. The Yakima Housing Authority proposes to
vacate the dead end portion of Fenton. Street in the vicinity of
920 Fenton. The Housing Authority owns the four lots which are
located at the end of Fenton Street and plans to construct three
duplexes and one single family home (for a total of 7 dwelling
units). The duplexes will use a common driveway to access off -
street parking spaces. A turn around area (modified hammerhead
design) is proposed at the terminus of Fenton Street. Currently,
no turn around is provided at the end of Fenton Street.
The proposal to construct duplexes . and a single family home
are Class 1 Land Uses. An adjustment of the front yard setback
has been requested for two of these lots, which will be handled
internally by staff. However, the Housing Authority proposes to
construct these units regardless of whether the adjustments are
granted. All other standards of the zoning ordinance have been
met.
6. Public Use of the Right of Way. The street was platted
in 1895, and is now paved, without sidewalks. A four inch barrier
curb is in poor condition. This portion of the street will not be
used, and does not need to be used, if this vacation is granted.
7. Criteria for Right of Way Vacation.
7.1 Public Benefit. If the street is vacated, the
proposed housing project will have more design flexibility,
EXAMINER'S RECOMMENDATION - 2
Yakima Housing Authority
HE #IU98 -8 -23
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 248.0706
•
creating additional green space and play area for children. With
the street vacated, kids will not have to cross the street to get
to play equipment.
7.2 Denial of Access. No one will be denied access.
One parcel, at the end of Fenton Street, physically, appears to
abut the street, and could use the street. The pa Icel is
addressed as 104 South 10 Street, has a driveway off South 10
Street, and has fenced off the Fenton Street access. Vacating
Fenton will not affect this parcel. One of the Housing Authority
lots will only have access to a public street via a private
easement, but in conjunction with this vacation the Housing
Authority will merge the three lots south of Fenton into a single
parcel, eliminating the problem.
7.3 Consistency With Transportation Plans. Fenton is
a minor local access street, with no planned improvements.
Vacating this portion of Fenton does not create any problems.
7.4 Consistency With Existing and Anticipated
Development and Zoning. Vacation will enhance the proposed low
density development of these lots, which is compatible with
neighboring land uses.
7.5 Relocation of Utilities.• public water and sewer
line are both located within the right of way. The Housing
Authority will create a public utility easement in order to avoid
relocating utilities.
8. Compensation. The city's compensation policy is
established by Resolution No. D -5630. Exceptions to compensation
are possible if the right of way is unimproved, or iif the
petitioner is Yakima County, the school district, the City of
Yakima, or Washington State. In this instance, based upon
assessed values and square footage, the fair market value of the
• street, without improvements, is $2,856.00. If compensation is
required, one -half of the value would be $1,428.00.
EXAMINER'S RECOMMENDATION - 3 ,
Yakima Housing Authority
HE #IU98 -8 -23
•
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
• • YAKIMA. WASHINGTON 98907
(5091248 -0706 '
However, RCW Chapter 35.83, the Housing Cooperation Law,
gives the city authority to grant a waiver for non - profit housing
entities such as this, in order to help create affordable housing.
Although the local resolution does not specifically deal with
RCW 35.83, it seems appropriate to waive compensation. The amount
is nominal and state law clearly authorizes the waiver.
9. Traffic Study. Due to the insignificant nature of this
matter, a traffic study was not required.
10 Environmental Review. Street vacations are
categorically exempt from SEPA review, pursuant to state and local
law.
11. Public Notice. Notice of the hearing 'was accomplished
in the following manner:
Resolution R -98 -100 adopted to set
public hearing July 7, 1998
Posting of notice in three public places July 17, 1998
Posting of Property July 29, 1998
Legal Ad Published July 31, 1998
Adjoining property notice mailed July 31, 1998
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
Chapter 35.79 and Yakima City Ordinance No. D -5630. No public
purpose is served by retaining the right of way.
EXAMINER'S RECOMMENDATION - 4
Yakima Housing Authority
HE #IU98 -8 -23
HEARING EXAMINER
FOR THE
CT' AND COUNTY OF YAKIMA
1 POST OFFICE BOX 4
• YAKIMA. WASHINGTON 98907
(509) 248 -0706
Based upon the foregoing findings and conclusions, the
Examiner submits to the Yakima City Council the following:
RECOMMENDATIONS
Approve vacating the above described right of way of Fenton
Street, subject to the following conditions:
1. A public utility easement shall be established over the
length of the vacated portion of Fenton Street;
2. The City Engineer shall approve the design and
construction plans for a modified turn around at the terminus of
Fenton Street.
3. The Yakima Housing Authority shall merge the properties
on the south side of Fenton street in the vicinity of the
vacation into one parcel.
DATED this 2-1 day of August, 1998.
fah
PHILIP A. LAMB
Hearing Examiner
EXAMINER'S RECOMMENDATION - 5
Yakima Housing Authority
HE #IU98 -8 -23
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 248 -0706
•
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. I •5
For Meeting Of November 17, 1998
ITEM TITLE: Consideration of an Ordinance for approval of a Right of Way
Vacation for the easternmost 70 feet of Fenton Street, as petitioned by the Yakima
Housing Authority
SUBMITTED BY: illiam R. Cook, Director of Community and Economic
Development
CONTACT PERSON/TELEPHONE: Joan Davenport, Supervising Associate Planner
(575 -6164)
SUMMARY EXPLANATION:
On October 20, 1998 the Yakima City Council conducted a pubic hearing to consider the
recommendation by the Hearing Examiner to vacate the end of Fenton Street (in the
vicinity of 920 Fenton Street), as petitioned by the Yakima Housing Authority. Council
voted to approve the request, subject to conditions which have been incorporated into
this ordinance.
Resolution(s)_ Ordinance X Contract
Other Funding Source: none necessary
APPROVAL FOR SUBMITTAL: , ,
City Manager
STAFF RECOMMENDATION: Approve Ordinance
BOARD RECOMMENDATION:
COUNCIL ACTION:
Return To:
Yakima City Clerk
129 North Second Street .
Yakima, WA 98901
Document Title: City of Yakima Ordinance No. 98 -55
(Right -of -Way Vacation)
Grantor: City of Yakima
Grantee: Yakima Housing Authority
Legal Description: THE FULL WIDTH (40 FEET) OF THE EAST 70. FEET OF THE
FENTON STREET RIGHT OF WAY, AS ORIGINALLY
DONATED AND DEDICATED TO THE PUBLIC IN PLAT OF
FRANCES DUNNING VILLA LOTS, VOLUME A OF PLATS,
PAGE 67, YAKIMA, YAKIMA COUNTY, WASHINGTON
Page 1 of 1
11 11111 III I 11 7089394
Page. 1 of 8
12/01/1998 10
CITY OF YAKIMR ORD $15.00 Yakima Co, WA _�
•
•
ORDINANCE NO. 98- 55
AN ORDINANCE concerning right -of -way vacation; vacating approximately 70 feet of
City of Yakima right -of -way along the east side of Fenton Street in
the vicinity of 920 Fenton Street.
•
WHEREAS, the Yakima Housing Authority (hereafter referred to as the "Applicant ") has
petitioned for vacation of the east 70 feet of City of Yakima right -of -way along Fenton Street in
the vicinity of 920 Fenton Street (see Department of Community and Economic Development
file UAZO R/W Vac #3 -8, including Petition No. 1239); and
WHEREAS, the City of Yakima Hearing Examiner, after conducting a public hearing on
August 13, 1998, and after considering the contents of the file and statements of interested
persons at the public hearing, has issued his Examiner's Recommendation dated August 27,
1998, and has recommended approval of the requested right -of -way vacation without
compensation subject to three 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 October 20, 1998; 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, subject to three conditions stated on page 5 of the
Examiner's Recommendation:
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, subject to certain conditions;
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. I98 -8 -23, City
C: \word docs \land use \right -of -way vacation \yak hsng auth - fenton st \fenton street right -of -way v.doc, November 12, 1998,
4:10 PM
HUI Mil 111.1 7089394
Page: 2 of S
12 %1/1998 18
•
CITY OF YAKIMA OR O $15.00 Yakima Co, WA ,'
•
No. UAZO R/W Vac #3 -8, issued August 27, 1998, a true copy of which is attached as
Exhibit A.
Section 2. Subject to the conditions stated in Section 3 below, the City of Yakima vacates its
right -of -way interest over the following real property (hereafter the "Subject Right -of- Way "):
THE FULL WIDTH (40 FEET) OF THE EAST 70 FEET OF THE FENTON
STREET RIGHT OF WAY, AS ORIGINALLY DONATED AND
. DEDICATED TO THE PUBLIC IN PLAT OF FRANCES DUNNING
VILLA LOTS, VOLUME A OF PLATS, PAGE 67, YAKIMA, YAKIMA
COUNTY, WASHINGTON.
Section 3. CONDITIONS PRECEDENT: The right -of -way vacation provided herein shall •
not become effective unless and until:
1. The owner(s) conveys to the City an easement for public utilities over the length of
the vacated portion of Fenton Street.
2. A modified turnaround at the terminus of Fenton Street is constructed according to
design and construction plans approved by the City Engineer. Alternatively, in lieu
of actual construction of the modified turnaround, the applicant may provide
financial security for actual construction based on design and construction plans
approved by the City Engineer.
3. The Yakima Housing Authority shall merge into one parcel the properties on the
south side of Fenton Street in the vicinity of the vacated right -of -way.
Section 3. CONDITIONS: The right -of -way vacation provided herein is further made
expressly subject to the condition that the Yakima Housing Authority shall provide for adequate
fire flow according to design and construction plans approved by the Code Administration
Manager.
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 17th
day of November, 1998. •
77/Z
Mar ' ace,, - Mayor Pro Tem
ATTEST:
•
City Clerk
Publication .Date: 11 - 20 - 98
Effective Date: 12 - 20 - 98
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4:10 PM
r �
7089394
Page 3 of 8
1810111998 10 :43A
CITY OF YAKIMA ORD $15.00 Yakima Co, WA ,%
•
•
1 I` V i
AUG 2 7 1998
CITY OF YAKIMA
PLANNING DIV.
Right of Way Vacation Requested ) EXAMINER'S RECOMMENDATION
by Yakima Housing Authority )
Concerning 920 Fenton Street ) City No. UAZO R/W VAC
#3 -8
EXAMINER NO. IU98 -8 -23
The Examiner conducted a public hearing on August 13, 1998.
The staff report presented by Joan Davenport recommended approval.
There was no opposition. Tim Monahan spoke on behalf of the
Housing Authority. The Examiner inspected the property prior to
the hearing.
SUMMARY OF DECISION. The Examiner recommends vacating the
right of way, without 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. Applicant. Yakima Housing Authority.
2. Location. Approximately 70 feet on the east end of
Fenton Street, in the vicinity of 920 Fenton.
The legal description is: The full width (40 feet) of the
east 70 feet of the Fenton Street right of way, as originally
donated and dedicated to the public in the plat of Frances Dunning
Villa lots, Volume A of plats, page 67, Yakima, Yakima County,
Washington. •
EXAMINER'S RECOMMENDATION - 1
Yakima Housing Authority
HE #IU98 -8 -23
HEARING EXAMINER
FOR THE
CRY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
•
• YAKIMA. WASHINGTON 98907
1809) 248-0706
•
II II I I III I II II 7089394
Page 4 of 8
12/01/1998 10
CITY OF YAKIMA ORD $15,80 Yakima Co, WA
3. Application. Petition to vacate right of way.
4. , Current Zoning and Use. Adjacent properties on the
south side of Fenton Street are currently zoned R -3, Multi - Family
Residential. On the north side of Fenton and west of the subject
vacation area, the properties are zoned R -1, Single Family
residential. Fenton Street is characterized by single family
homes. Three of the four lots proposed for development are zoned
R -3, and are the only properties on Fenton Street which are not
zoned R -1.
5. Background. The Yakima Housing Authority proposes to
vacate the dead end portion of Fenton. Street in the vicinity of
920 Fenton. The Housing Authority owns the four lots which are
located at the end of Fenton Street and plans to construct three
duplexes and one single family home (for a total of 7 dwelling
units). The duplexes will use a common driveway to access off -
street parking spaces. A turn around area (modified hammerhead
design) is proposed at the terminus of Fenton Street. Currently;
no turn around is provided at the end of Fenton Street.
The proposal to construct duplexes and a single family home
are Class 1 Land Uses. An adjustment of the front yard setback
has been requested for two of these lots, which'will be handled
internally by staff. However, the Housing Authority proposes to
construct these units regardless of whether the adjustments are
granted. All other standards of the zoning ordinance have been
met.
6. Public Use of the Right of Way. The street was platted
in 1895, and is now paved, without sidewalks. A four inch barrier
curb is in poor condition. This portion of the street will not be
used, and does not need to be used, if this vacation is granted.
7. Criteria for Right of Way Vacation.
7.1 Public Benefit. If the street is vacated, the
proposed housing project will have more design flexibility,
EXAMINER`S RECOMMENDATION - 2
Yakima Housing Authority
HE #IU98 -8 -23 •
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 248 -0706
•
•
7089394 �
Fage : 5 of 8 i
110111998 10�43A;
CITY OF YAKIMA ORD - $15.00 Yakima Co, WAS
•
creating additional green space and play area for children. With
the street vacated, kids will not have to cross the street to get
to play equipment.
7.2 Denial of Access. No one will be denied access.
One parcel, at the end of Fenton Street, physically appears to
abut the street, and could use the street. The parcel is
addressed as 104 South 10 Street, has a driveway off South 10
Street, and has fenced off the Fenton Street access. Vacating
Fenton will not affect this parcel. One of the Housing Authority
lots will only have access to a public street via a private
easement, but in conjunction with this vacation the Housing
Authority will merge the three lots south of Fenton into a single
parcel, eliminating the problem.
7.3 Consistency With Transportation Plans. Fenton is
a minor local access street, with no planned improvements.
Vacating this portion of Fenton does not create any problems.
7.4 Consistency With Existin. and Antici.ated
Development and Zoning. Vacation will enhance the proposed low
density development of .these lots, which is compatible with
neighboring land uses.
7..5 Relocation of Utilities. A public water and sewer
line are both located within the right of way. The Housing
Authority will create a public utility easement in order to avoid
relocating utilities.
8. Compensation. The city's compensation policy is
established by Resolution No. D -5630. Exceptions to compensation
are 'possible if the right of way is unimproved, or if the
petitioner is Yakima County, the school district, the City of
Yakima, or Washington State. In this instance, based upon
assessed values and square footage, the fair market value of the
street, without improvements, is $2,856.00. If compensation is
required, one -half of the value would be $1,428.00.
EXAMINER'S RECOMMENDATION - 3
Yakima Housing Authority
HE #IU98 -8 -23 •
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
• YAKIMA. WASHINGTON 96907
(509) 248 -0706
1
74
Page 08939 6 of 8
1210111998 10:43A'
CI OF YAKIMA ORD $15.00 Yakima Co, WR J
However, RCW Chapter 35.83, the Housing Cooperation Law,
gives the city authority to grant a waiver for non - profit housing
entities such as this, in order to help create affordable housing.
Although the local resolution does not specifically deal with
RCW 35.83, it seems appropriate to waive compensation. The amount
is nominal and state law clearly authorizes the waiver.
9. Traffic Study. Due to the insignificant nature of this
matter, a traffic study was not required.
10 Environmental Review. Street vacations are
categorically exempt from SEPA review, pursuant to state and local
law.
11. Public Notice. Notice of the hearing was accomplished
in the following manner:
Resolution R -98 -100 adopted to set
public hearing July 7, 1998
Posting of notice in three public places July 17, 1998
Posting of Property July 29, 1998
Legal Ad Published July 31, 1998
Adjoining property notice mailed July 31, 1998
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
Chapter 35.79 and Yakima City Ordinance No. D = 5630. No public
purpose is served by retaining the right of way.
EXAMINER'S RECOMMENDATION - 4
Yakima Housing Authority
HE #IU98 -8 -23 0
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 248 -0706
70894
Page 7 o£
12/01/199 10 :43A
CITY OF YAKIMA .ORD $15.00 Yakima Co, WA
•, 1
Based upon the foregoing findings and conclusions, the
Examiner submits to the Yakima City Council the following:
RECOMMENDATIONS
Approve vacating the above described right of way of Fenton
Street, subject the following conditions:
1. A public utility easement shall be established over the
length of the vacated portion of Fenton Street;
2. The City Engineer shall approve the design and
construction plans for a modified turn around at the terminus of
Fenton Street.
3. The Yakima Housing Authority shall merge the properties
on the south side of Fenton street in the vicinity of the
vacation into one parcel.
DATED this Z7 day of August, 1998.
PHILIP A. LAMB
Hearing Examiner
EXAMINER'S RECOMMENDATION - 5
Yakima Housing Authority
HE #IU9S -8 - -23
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 246 -0706
70
Page
1218111 89 43A
CITY OF YAKIMA ORD $15.08 Yakima Co, WA