HomeMy WebLinkAbout1997-030 Vacation of property •
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• ORDINANCE NO. 97- 30
AN ORDINANCE vacating the west 14.5 feet of City of Yakima right -of -way
along North 4th Avenue between West Lincoln Avenue and
West B Street.
. WHEREAS, Steven P. Elkins Architects on behalf of Safeway Inc. (hereafter referred
to as the "Applicant ") has, by Petition No. 1221 and under City of Yakima
Department of Community and Economic,Development ( "DCED ") file UAZO R/W
Vac #2 -96, petitioned for vacation of the west 14.5 feet of City of Yakima right -of -way
along North 4th Avenue between West Lincoln Avenue and West B Street; and
WHEREAS, the City of Yakima Hearing Examiner, after conducting a public hearing
on January 23, 1997, and after considering the contents of the file and statements of
interested persons at the public hearing, has issued his Examiner's .
Recommendation dated February 25, 1997, and has recommended approval of the
requested right -of -way vacation, subject to payment to the City of $29,000.00 by the
Applicant; and
WHEREAS, the City Council finds that:. •
1. the proposed right -of -way vacation is necessary to Safeway Inc., and will
provide substantial benefit to the public, so long as Safeway Inc. and its
successors in interest guarantee that the sidewalk on west side of
North 4th Avenue remains clear of snow, including snow which is
• cleared off North 4th Avenue by City snow removal activities; and
2. vacation of the right -of -way will not deprive any property of sole access;
and,
3. the right of way proposed to be vacated is not essential to other City plans,
except insofar as it is valuable as a place where snow which is cleared off
North 4th Avenue by City snow removal activities can be left; and
4. the proposed right -of -way vacation is consistent with other plans and
policies of the City; and
5. 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 •
6. the proposed right -of -way vacation does not adversely affect existing or
future public utilities; and
7. 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, provided that Safeway Inc. and its ^successors in interest guarantee that
the sidewalk on the west side of North 4th Avenue remain clear of snow, including
snow which is cleared off North 4th Avenue by City snow removal activities, no
public purpose would be served by retaining the subject right -of -way and it is in the
Iap \land use\ street vacation \safeway - n. 4th ave. \ordinance 5/2/97 12:43 PM
ORDINANCE: ELKINS ARCHITECTS /SAFEWAY, INC. •
RIGHT -OF -WAY VACATION R/W VAC #2 -- Page 1
best interests of the City and its people to grant the petition, subject to certain
conditions, now therefore
410
BE IT ORDAINED BY THE 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. I97 -8 -4, City Nos. UAZO R/W Vac #2 -96, issued February 25, 1997, a true copy of
which is attached as Exhibit A.
Section 2. Subject to the conditions precedent 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 WESTERLY 14.50 FEET, AS MEASURED AT RIGHT ANGLES, OF 4TH
AVENUE NORTH (FORMERLY KNOWN AS KI'1'1'1'1'AS AVENUE) LYING
SOUTH OF THE EASTERLY PROJECTION OF THE NORTH LINE OF BLOCK
268 OF THE SYNDICATE SUBDIVISION AS RECORDED IN VOLUME "A"
OF PLATS, PAGE 25 AND LYING NORTHERLY OF THE EASTERLY
PROJECTION OF THE SOUTH LINE OF BLOCK 268 OF KER'S SECOND
ADDITION TO NORTH YAKIMA, AS RECORDED IN VOLUME "A" OF
PLATS, PAGE 32, ALL AS FOUND IN THE RECORDS OF YAKIMA
COUNTY, WASHINGTON.
Section 3. CONDITIONS PRECEDENT: The right of way vacation provided
herein shall not be effective unless and until:
a. Safeway Inc. pays the City of Yakima $29,000.00 for the value of the real
property interest vacated by the City; and
b. Safeway Inc. executes and records an instrument approved by the City
Attorney which • provides:
1) that Safeway Inc. and its successors in interest, guarantee that the
sidewalk along the west side of North 4th Avenue shall be kept clear of
snow, including snow which is cleared off North 4th Avenue by City of
Yakima snow removal activities; and
2) that the City of Yakima shall have the power at any time to
remove snow which Safeway Inc. or its successors in interest have, as
determined by the City of Yakima in its reasonable discretion, failed to
clear from the sidewalk along the west side of North 4th Avenue.
Such snow removal shall be at the expense of Safeway Inc. or its
successors in interest. In such instances, the City of Yakima may bill
Safeway Inc. or its successors in interest for the cost of such snow
removal, and if any'portion of such cost remains unpaid 30 days after
such billing, the balance due shall accrue interest at 8% per annum
• until paid in full, and shall .constitute a lien on the property of Safeway
Inc. or its successors in interest adjacent to the sidewalk. Such lien may
be foreclosed as provided by law for mortgages.
lap \land use \street vacation \safeway - n. 4th ave. \ordinance 5/2/97 12:43 PM
ORDINANCE: ELKINS ARCHITECTS /SAFEWAY, INC.
RIGHT -OF -WAY VACATION R/W VAC #2-96 -- Page 2
0 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 6th day of May, 1997.
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Lynn Buchanan, Mayor
ATTEST:
ij
City Clerk
Publication Date: 5 -9 -97 . •
Effective Date: ' 6 -8 -97
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4111 .
lap \land use \street vacation \safeway - n. 4th ave. \ordinance 5/2/97 12:43 PM
ORDINANCE: ELKINS ARCHITECTS /SAFEWAY, INC.
RIGHT -OF -WAY VACATION R/W.VAC #2 -96 -- Page 3
• RE(rt °v MLJ
FEB 2 6 1997
ISSUED: FEBRUARY 25, 1997 CITY OF YAKIMA
PLANNING Div
Request to Vacate ) EXAMINER'S RECOMMENDATION
Right of Way by Safeway, Inc. )
Concerning North 4th Avenue ) City No: UAZO R/W Vac 12 -94
Between Lincoln and "B" Street) Examiner No. 197 -8 -4
The Examiner conducted a public hearing on January 23, 1997.
The staff' report presented by Dan Valoff recommended approval.
There was no opposition, although a neighbor expressed concern
about noise and truck fumes. The Examiner inspected the property
prior to the hearing.
SUMMARY OF RECOMMENDATION. The Examiner recommends vacating
the right -of -way, subject to payment of $29,000.00.
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. Ilpplicants. Safeway, Inc., by its representative Steven
P. Elkins.
2. iocation. This right of way is on the west side of North
4th Avenue between West Lincoln Avenue and "B" Street, constituting
the west 14.5 feet of North 4th Avenue.
The legal description is:
The westerly 14.50 feet, as measured at right angles, of 4th
Avenue North (formerly known as Kittitas Avenue) lying South
of the Easterly projection of the North line of Block 268 of
the Syndicate Subdivision as recorded in Volume "A" of Plats,
Page 25 and lying northerly of the easterly projection of the
South line of Block 268 of Ker's Second Addition to North
Yakima, as recorded in Volume "A" of Plats, Page 32, all as
found in the records of Yakima County, Washington.
EXAMINER'S RECOMMENDATION -
lap \land use \street vacation \safeway - n. 4th ave. \ordinance 5/2/97 12:43 PM H FOa THE
ORDINANCE: ELKINS ARCHITECTS /SAFEWAY, INC. crrY ANO COUNTY of MINA
RIGHT -OF -WAY VACATION R/W VAC #2 -96 -- Exhibit A POST OFFICE BOX 4
AX PAA. WASHINGTON 89907
(509) 248 -0706
_. •
3. Application. Right of way vacation petition.
4. Current Sontag •d Use. This property is Boned Central
Business District (CBD). It is occupied by the 5th Avenue Safeway
store. Surrounding property is toned CBD or Central Business
District Support (CBDS), and is fully developed, mostly with
commercial uses.
S. packgroun4. Safeway wants to expand their existing .
29,407 square foot store by an additional 9,192 square feet.
Expansion will be to the south, in the direction of the existing
loading dock, and to the east, in this vacated right -of -way. They
will relocate the loading dock which is currently on the south side
to this vacated right of way at the rear of the existing. store.
The new loading dock will encroach into existing right of way on
North 4th Avenue by 14.5 feet.
The dock and trash compactor area will be screened from
4th Avenue by & substantial solid wall, which will help to deflect
noise. Newer technology will probably further reduce noise
®
generated by the trash compactor. Truck fumes will be no different
than currently experienced at the present loading dock.
1. Public Use of the Riabt -of -fray. North 4th Avenue is
classified as a local access street at this location. The right of
way width at this location is 100 feet. Approval of the requested
right of way vacation would result in a right of way width of 45.5
feet.
7. Criteria for Riabt -of -Way vacation. City policy
identifies five criteria for consideration:
7.1 Public Benefit. This allows Safeway to expand and
provide additional services to the local area. Expansion allows
the loading dock to be in the back of the store and out of sight of
the public with better screening.
7.2 Denial of Accost. This vacation request will not
deny access to the property.
4111
EXAMINER'S RECOMMENDATION - 2
MINIM MAIL
lap \land use \street vacation \safeway - n. 4th ave. \ordinance 5/2/97 12:43 PM
ORDINANCE: ELKINS ARCHITECTS /SAFEWAY, INC. CffYAND RAMC TYOFYM(MA
POST OFF= 80X 4
• RIGHT -OF -WAY VACATION R/W VAC #2-96 -- Exhibit A YAKMA. wa9NNGTbn 98107
19010 2410706
•
7.3 Consistency with Transportation Plans. The vacation
request is consistent with the Six -Year Road Plan and all relevant
City plans policies.
7.4 Consistency with Existing and Anticipated Development
and Boning. The existing Safeway store is a Class (1) use in the
CBD zoning district. The request meets the above criteria.
It may be appropriate for the Council to consider
adopting a provision prohibiting parking on 4th Avenue,
particularly on the west side, between the south curb cut and the
intersection of 4th and "B" Street.
7.5 Relocation of Utilities No relocation of utilities
is required. An existing sidewalk will be relocated.
8.. Compensation. Based on the Limited Appraisal Report and
Valuation Analysis prepared by James Haney and submitted by the
applicant, the street right of way is valued at $58,000.00. The
applicant will be required to pay to the City half this amount, or
$29,000.00.
9. Traffic Study. A traffic study was not required by the
City based on the recommendations from the Traffic Engineer, City 1111
Engineer, and Department of Public Works.
10. Rnvironmental Review. Street vacations are categorically
exempt from SEPA review, per YMC Chapter 6.88.
11. Public Notice. Public notice of the hearing was provided
in the following manner:
Resolution R -96 -164 adopted to set
public hearing December 17, 1996
Posting of property. January 3, 1997
Posting in 3 public places December 26, 1996
Legal ad published January 10, 1997
Adjoining property notices mailed January 10, 1997
From the foregoing Findings, the Examiner makes the following:
CONCLUSIONS
1. The Examiner has jurisdiction.
2. All notice provisions have been complied with.
EXAMINER'S RECOMMENDATION - 3 HEARING EXMO
. lap \land use \street vacation \safeway - n. 4th ave. \ordinance 5/2/97 12:43 PM FOR THE
ORDINANCE: ELKINS ARCHITECTS /SAFEWAY, INC. Cm AND COUNTY OF YAKMA
POST OFFICE BOX 4
RIGHT -OF -WAY VACATION RAY VAC #2-96 -= Exhibit A YAKMA. WASHINGTON 98807
(509) 248-0706
4111 3. Vacation of this right- of -vay is consistent with
RCW Ch.35.79 and Yakima City Ordinance No. D -5630. No public
purpose is served by retaining the right -of -way.
Based upon the foregoing Findings and Conclusions, the
Examiner submits to the Yakima City Council the following:
RBCOMMBNDA ?to$ •
Approve vacating the right -of -way described, subject to the
following conditions:
1. The area of the requested vacation is limited to the west
14.5 feet of right of way along North 4th Avenue and "B" Street, as
legally described above.
2. The existing sidewalk shall be relocated by the applicant
at its expense.
3. Payment of 529,000.00 by the applicant.
DATED this 7 -- day of February, 1997.
N1,,,..ty qt,.,4,
PHILIP A. LAMB
Hearing Examiner
EXAMINER'S RECOMMENDATION - 4
lap \land use \street vacation \safeway - n. 4th ave. \ordinance 5/2/97 12:43 PM
ORDINANCE: ELKINS ARCHITECTS /SAFEWAY, INC.
RIGHT -OF -WAY VACATION R/W VAC #2 -96 -- Exhibit A
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
ITEM NO. . o� °`"'
FOR MEETING OF: May 6. 1997
ITEM TITLE: Ordinance approving the partial right of way vacation request by
Safeway Inc. along North 4th Avenue between West Lincoln Avenue and West B
Street. •
SUBMITTED BY: Glenn J. Valenzuela, Director of Community & Econo ,•��
Development
CONTACT PERSON / TELEPHONE: Dan Valoff, Associate Planner, 575 -6163
SUMMARY EXPLANATION:
On April 15, 1997 the City Council voted to approve the request by Steven Elkins,
Architects, Inc., on behalf of Safeway Inc., to vacate 14.5 feet of right -of -way along
North 4th Avenue between West "B" Street and Lincoln Avenue adjacent to the 5th
• Avenue Safeway Store.
The Council added an additional condition that would guarantee that the sidewalk
along North 4th Avenue remain clear of snow which is incorporated into the vacation
ordinance.
Resolution _ Ordinance X Contract _ Other (Specify)
Funding Source
APPROVAL FOR SUBMITTAL: - �
Ctt Manager
STAFF RECOMMENDATION: Adopt legislation prepared by City Legal Department.
BOARD RECOMMENDATION: Hearing Examiner recommends approval with
conditions.
COUNCIL ACTION: Voted to approve the requested partial right of way vacation with
additional conditions.
•
Return To:
Yakima City Clerk
Attn: Safeway Inc. ROW Vacation
129 N. 2nd Street
Yakima, WA 98901
Document Title: Ordinance No. 97 -30
Grantor: City of Yakima
Grantee: Steven Elkins, Architects, Inc. on behalf of Safeway Inc. [UAZO R/W #2 -96]
Legal Description: Portions of 4 Avenue North lying south of the north line of
Block 268 of the Syndicate Subdivision and portions of Block 268 of KER's
second addition to North Yakima
(Vol. "A" of Plats, p. 25 and p. 32, Records of Yakima County)
See Page 2 Of Document for Complete Legal Description
Parcel Numbers: #181324 - 142532
1111 11111 11E11111 1111 7417603
Page: 1 of 8
08131/2004 03:36P
CITY OF YAKIMA ORO $26,00 Yakima Co, WA
ORDINANCE NO. 97- 30
AN ORDINANCE vacating the west 14.5 feet of City of Yakima right -of -way
along North 4th Avenue between West Lincoln Avenue and
West B Street.
WHEREAS, Steven P. Elkins Architects on behalf of Safeway Inc. (hereafter referred
to as the "Applicant ") has, by Petition No. 1221 and under City of Yakima
Department of Community and Economic Development ( "DCED ") file UAZO R/W
Vac #2 -96, petitioned for vacation of the west 14.5 feet of City of Yakima right -of -way
along North 4th Avenue between West Lincoln Avenue and West B Street; and
WHEREAS, the City of Yakima Hearing Examiner, after conducting a public hearing
on January 23, 1997, and after considering the contents of the file and statements of
interested persons at the public hearing, has issued his Examiner's
Recommendation dated February 25, 1997, and has recommended approval of the
requested right -of -way vacation, subject to payment to the City of $29,000.00 by the
Applicant; and
WHEREAS, the City Council finds that:
1. the proposed right -of -way vacation is necessary to Safeway Inc., and will
provide substantial benefit to the public, so long as Safeway Inc. and its
successors in interest guarantee that the sidewalk on the west side of
North 4th Avenue remains clear of snow, including snow which is
cleared off North 4th Avenue by City snow removal activities; and
2. vacation of the right -of -way will not deprive any property of sole access;
and
3. the right of way proposed to be vacated is not essential to other City plans,
except insofar as it is valuable as a place where snow which is cleared off
North 4th Avenue by City snow removal activities can be left; and
4. the proposed right - of - way vacation is consistent with other plans and
policies of the City; and
5. 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
6. the proposed right -of -way vacation does not adversely affect existing or
future public utilities; and
7. 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, provided that Safeway Inc. and its successors in interest guarantee that
the sidewalk on the west side of North 4th Avenue remain clear of snow, including
snow which is cleared off North 4th Avenue by City snow removal activities, no
public purpose would be served by retaining the subject right -of -way and it is in the
11111 III 11111111111 7417603
Page: 2 of 8
08/3112804 03 :36P
CITY OF YAKIMA ORD 010 Yakima Co, WA
best interests of the City and its people to grant the petition, subject to certain
conditions, now therefore
BE IT ORDAINED BY THE 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. I97 -8 -4, City Nos. UAZO R/W Vac #2 -96, issued February 25, 1997, a true copy of
which is attached as Exhibit A.
Section 2.. Subject to the conditions precedent 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 WESTERLY 14.50 FEET, AS MEASURED AT RIGHT ANGLES, OF 4TH
AVENUE NORTH (FORMERLY KNOWN AS KITTITAS AVENUE) LYING
SOUTH OF THE EASTERLY PROJECTION OF THE NORTH LINE OF BLOCK
268 OF THE SYNDICATE SUBDIVISION AS RECORDED IN VOLUME "A"
OF PLATS, PAGE 25 AND LYING NORTHERLY OF THE EASTERLY
PROJECTION OF THE SOUTH LINE OF BLOCK 268 OF KER'S SECOND
ADDITION TO NORTH YAKIMA, AS RECORDED IN VOLUME "A" OF
PLATS, PAGE 32, ALL AS FOUND IN THE RECORDS OF YAKIMA
COUNTY, WASHINGTON.
Section 3. CONDITIONS PRECEDENT: The right of way vacation provided
herein shall not be effective unless and until:
a. Safeway Inc. pays the City of Yakima $29,000.00 for the value of the real
property interest vacated by the City; and
b. Safeway Inc. executes and records an instrument approved by the City
Attorney which provides:
1) that Safeway Inc. and its successors in interest, guarantee that the
sidewalk along the west side of North 4th Avenue shall be kept clear of
snow, including snow which is cleared off North 4th Avenue by City of
Yakima snow removal activities; and
2) that the City of Yakima shall have the power at any time to
remove snow which Safeway Inc. or its successors in interest have, as
determined by the City of Yakima in its reasonable discretion, failed to
clear from the sidewalk along the west side of North 4th Avenue.
Such snow removal shall be at the expense of Safeway Inc. or its
successors in interest. In such instances, the City of Yakima may bill
Safeway Inc. or its successors in interest for the cost of such snow
removal, and if any portion of such cost remains unpaid 30 days after
such billing, the balance due shall accrue interest at 8% per annum
until paid in full, and shall constitute a lien on the property of Safeway
Inc. or its successors in interest adjacent to the sidewalk. Such lien may
be foreclosed as provided by law for mortgages.
1111111111111 II 11111 111 7417603
Page. 3 of 8
88/31/2804 83.36P
CITY OF YAKIMA ORD $26,08 Yakima Co, WA
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 6th day of May, 1997.
SI LYNN K. BUCHANAN
Lynn Buchanan, Mayor
ATTEST: 0
lJl KAREN S. ROBERTS
City Clerk
Publication Date: 5 -9 -97
Effective Date: 6 -8-97
Certified to be a true and correct copy of the
original filed in my office.
.Cirf CLAIM
4t SEAL *`
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11111111111 III 7417603
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CITY OF YAKIMA ORD $26.00 Yakima Co, WA
ISSUED: FEBRUARY 25, 1997
Request to Vacate ) EXAMINERIS RECOMMENDATION
Right of Way by Safeway, Ina. )
Concerning North 4th Avenue ) City No: UAZO R/W Vac $2 -95
Between Lincoln and "B" Street) Examiner No. 197 -8 -4
The Examiner conducted a.public hearing on January 23, 1997.
The 'staff report presented by Dan Valoff recommended approval.
There was no opposition, although a neighbor expressed concern
about noise and truck fumes. The Examiner inspected the property
prior to the hearing.
SUMMARY OF RECOMMENDATION. The Examiner recommends vacating
the right -of -way, subject to payment of $29,000.00.
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. Safeway, Inc., by its representative Steven
P. Elkins.
2. Location. This right of way is on the west side of North
4th Avenue between West Lincoln Avenue and "B" Street, constituting
the west 14.5 feet of 'North 4th Avenue.
The legal description is:
The westerly 14.50 feet, as measured at right angles, of 4th
Avenue North (formerly known as Kittitas Avenue) lying South
of the Easterly projection of the North line of Block 268 of
the Syndicate Subdivision as recorded in Volume "A" of Plats,
Page 25 and lying northerly of the easterly projection of the
South line of Block 268 of Ker's Second Addition to North
Yakima, as recorded in Volume "A" of Plats Page 32, all as
found in the records of Yakima County, Washington.
1 BO till 111011 7417603
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C ITY OF YAKIMR ORD $26.00 Yakima Co, WA
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9. AoPlicatiot. Right of way vacation petition.
4. grant toning and Val. This property is zoned Central
Business District (CBD). It is occupied by the 5th Avenue Safeway
store. Surrounding property is zoned CBD or Central Business
District Support (CBDS), and is fully developed, a►ostly with
commercial uses.
5. Packgroun4. Safeway wants to expand their existing
29,407 square foot store by an additional 9,192 square feet.
Expansion will be to the south, in the direction of the existing
loading dock, and to the east, in this vacated right -of -way. They
will relocate the loading dock which is currently on the south side
to this vacated right of way at the rear of the existing store.
The new loading dock will encroach into existing right of way on
North 4th Avenue by 14.5 feet.
The dock and trash compactor area will be screened from
4th Avenue by a'substantial solid wall, which will help to deflect
noise. Newer technology will probably further reduce noise
generated by the trash compactor. Truck fumes will be no different
than currently experienced at the present loading dock.
4. public Use of the Right -of -Way. North 4th Avenue is
classified as a local access street at this location. The right of
way width at this location is 100 feet. Approval of the requested
right of way vacation would result in a right of way width of 85.5
feet.
7. Criteria for Right -of -way Vacation. City, policy
identifies five criteria for consideration:
7.1 public Benefit. This allows Safeway to expand and
provide additional services to the local area. Expansion allows
the loading dock to be in the back of the store and out of sight of
the public with better screening.
7.2 Denial of Access. This vacation request will not
deny access to the property.
ET 93 8 CITY OF YRKIMR ORD X2608 YYakimaCo, 36P
7.3 Consistency with Transportation Plans. The vacation
request is consistent with the Six -Year Road Plan and all relevant
City plans and policies.
7.4 consistency witb Existing and Anticipated Development
and Zoning. The existing Safeway store is a Class (1) use in the
CBD zoning district. The request meets the above criteria.
It may be appropriate for the Council to consider
adopting a provision prohibiting parking on 4th Avenue,
particularly on the west side, between the south curb cut and the
intersection of 4th and' "B" Street.
7.5 Relocation of Utilities. No relocation of utilities
is required. An existing sidewalk will be relocated.
8. Compensation. Based on the Limited Appraisal Report and
Valuation Analysis prepared by James Haney and submitted by the
applicant, the street right of way is valued at $58,000.00. The
applicant will be required to pay to the City half this amount, or
$29,000.00.
9. Traffic Study. A traffic study was not required by the
City based on the recommendations from the Traffic Engineer, City
Engineer, and Department of Public Works.
10. Environmental Review. Street vacations are categorically
exempt from SEPA review, per YMC.Chapter 6.88.
11. Public Notice. Public notice of the hearing was provided
in the following manner:
Resolution R -96 -164 adopted to set
public hearing December 17, 1996
Posting of property January 3, 1997
Posting in 3 public places December 26, 1996
Legal ad published January 10, 1997
Adjoining property notices mailed January 10, 1997
From the foregoing Findings, the Examiner makes the following:
CONCLUSIONS
1. The Examiner has jurisdiction.
2. All notice provisions have been complied with.
7417603
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CITY OF YAKIMA ORO $26.00 Yakima Co) WA
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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:
RECOMMENDA TION
Approve vacating the right -of -way described, subject to the
following conditions:
1. The area of the requested vacation is limited to the west
14.5 feet of right of way along North 4th Avenue and "B Street, as
legally described above.
2. The existing sidewalk shall be relocated by the applicant
at its expense.
3. Payment of $29,000.00 by the applicant.
DATED this Z --day of February, 1997.
N1,
PHILIP A. LAMB
Hearing Examiner
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ORD x26,00 Yakima Co, WR