HomeMy WebLinkAbout1991-3392 Vacating ORDINANCE NO .3 391!
AN ORDINANCE vacating certain street right -of -way located on
South 6th Avenue bounded by Tieton Drive and Pine
Street and certain alley right of way bounded by
South 6th Avenue, South 7th Avenue, Tieton Drive
and Pine Street, subject to certain conditions.
WHEREAS, Yakima School District Number 7 has filed a
petition with the City Clerk requesting vacation of the
north /south alley located in the block bounded by South 6th
Avenue, South 7th Avenue, Pine Street, and Tieton Drive
together with that portion of South 6th Avenue bounded by Pine
Street, Tieton Drive; and
WHEREAS, said petition was signed by the owners of more
than two thirds of the property abutting upon the part of such
alley sought to be vacated; and
WHEREAS, after due and legal notice pursuant to RC[a'
Chapter 35.79, after a public hearing by the Hearing Examiner,
and after a public hearing by the City Council of the City of
Yakima, the City Council finds it is in the best interest of
the City that said petition to vacate said alley and street
right -of -way be granted, subject to certain conditions and the
council hereby adopts the findings and conclusions Hearing
Examiner's Recommendation, found in Examiner No. I91- 81 -38,
City No. UAZO R/W VAC # 4 -91 and 11 -91 CL(3), a copy of which
is attached hereto as Exhibit A and incorporated by reference
herein; now, therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. The Hearing Examiner's recommendation to
vacate a north /south alley located in the block bounded by
South 6th Avenue, South 7th Avenue, Pine Street, and Tieton
Drive, and that portion of South 6th Avenue between Pine
Street and Tieton Drive, is hereby affirmed, and said strip of
public alley right -of -way and street, as legally described
below, shall be vacated when the conditions set forth in
Section 2 below have been fully satisfied, to -wit:
- 1 -
(ord;vcate.rp)
•
PARCEL _A :; 4'
(Alley '' in ' Boc k 315)
That portion of the 20 foot wide alley in Block
315, Capitol Addition to North Yakima, as
recorded in Volume "A" of plats, page 29, records
of Yakima County, Washington, lying between the
southerly right - - way line of West Pine Street
and the northerly right -of -way line of West Maple
Street (now West Tieton Drive), all in the City
of Yakima, Yakima County, Washington.
PARCEL B
• (South Sixth Avenue)
That portion'of the 100 foot wide Ranier Avenue
(now South Sixth Avenue) in the plats of Capitol
Addition to North Yakima (Volume "A" of plats,
page 29), and Lund's Addition to North Yakima
(Volume "A" of plats, page 103) lying between the
southerly right -of -way line of West Pine Street,
and the northerly right -of -way line of West Maple
Street (now West Tieton Drive), all in the City
of Yakima, Yakima County, Washington.
Section 2. This. vacation is expressly made subject to
the following conditions:
1. Appropriate utility easements shall be granted by
the District [to the City in a form approved by the City
Engineer] and the new Schanno Ditch company for the area
described as:
PARCEL C
(UTILITY EASEMENT)
•
A 20 foot strip of land in the plats of Capitol
Addition to North Yakima (Volume "A" of plats, page
29), and Lund's Addition to North Yakima (Volume "A"
of plats, page 103) lying between the southerly
right -of -way line of West Pine Street, and the
northerly right -of -way line of West Maple Street
(now West Tieton Drive), all in the City of Yakima,
Yakima County, Washington, the west line of which is
described as follows: Beginning at the southeast
corner of Lot 8, Block 315, of said plat of Lund's
Addition; thence northerly along the easterly line
of Block 315 of said plats, 400 feet to the north-
east corner of Lot 1 of Block 315 of said plat of
Capitol Addition, and terminus of said west line.
2. The District shall install to the City's specifica-
tion curb, gutter, and sidewalk at the south end of said
- 2 -
(ord.'vcate.rp)
• vacant street and alley along Tieton Drive by July 1, 1992
unless such improvements are otherwise constructed by the City
prior to January 1, 1992.
3. Any further development of the property consisting of
the existing baseball field and the block bounded by 6th and
7th and Pine and Tieton shall be subject to both an eviron-
mental checklist and a public hearing with Class 3 review.
•
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.
PASSED BY THE CITY COUNCIL, .signed and approved this
J . 7 day ofp�et� , 1991.
0a x.j.
Mayor
ATTEST
•
City Clerk
Publication Date:4 old /
Effective Date: att. 4 J /99/
0
- 3 -
(ordivcate.rp)
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NOTIFICATION OF HEARING EXAMINER
RECOMMENDATION TO THE
YAKIMA CITY COUNCIL
On September 4, 1991 the Yakima Hearing Examiner rendered his
recommendation on the application submitted by Yakima School
District No. 7 (Davis High School), UAZO R/W VAC #4 -91 & CL(3) #11-
91, of the property located at South 6th Avenue, between Tieton and
Pine. The alley to the west, between 6th & 7th Avenue, running
roughly north & south between Pine & Tieton, Yakima, Washington,
and was reviewed at a public meeting held by the Hearing Examiner
on August 7, 1991.
A copy of the Hearing Examiner's Findings and Recommendation is
enclosed.
The Hearing Examiner's Recommendation will be considered by the
Yakima City Council in a Public Meeting to be scheduled. The City
Clerk will notify you of the date, time and place of the public
meeting.
For further information or assistance you may contact Joan
Davenport, Supervising Associate Planner, City of Yakima Planning
Division located on the 2nd floor of Yakima City Hall, (129 North
Second Street), 575 -6164.
arc... a - - - -
Don S. Skone
Planning Manager
Date of mailing: 9/5/91
OFFICE OF HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
PHILIP A. LAMB 311 NORTH THIRD STREET, P.O. BOX 4 (509) 248 -0706
YAKIMA, WASHINGTON 98907
September 4, 1991
Mrs. Alice Klein
City of Yakima
Planning Division
129 N. 2nd Street
Yakima, WA 98901
RE: YAKIMA SCHOOL DISTRICT NO. 7 (DAVIS HIGH SCHOOL)
City Nos. UAZO R/W VAC #4 -91 & CL(3) #11 -91
Examiner No. I91 -81 -38
1 Dear Alice:
My recommendation is enclosed. I heard it August 7, 1991.
Sincerely,
fr
! Philip A. Lamb
Hearing Examiner
PAL /bf
Enc.
cc w /enc: Mr. Steven Erickson
Mr. Graham Tollefson
Right -of -Way Vacation by )
) SUMMARY OF
YAKIMA SCHOOL DISTRICT NO. 7 ) EXAMINER'S RECOMMENDATION
(DAVIS HIGH SCHOOL), )
City No. UAZO R/W VAC #4 -91
of South 6th Avenue ) & CL(3) #11 -91
Between Tieton and Pine, ) Examiner No. I91 -81 -38
Together with the Alley. )
This summary of the Hearing Examiner's recommendation provides complete details of the actual
conclusions and decision, but does not include all of the findings or reasoning involved. You may obtain a
complete copy of the recommendation, free of charge, by calling the City Planning Department at 575 -6113.
S U M M A R Y
Applicant: Yakima School District No. 7.
Type of Application: Right -of -way vacation.
Location: The street right -of -way is South 6th
Avenue, between Tieton and Pine. The
alley to the west, between 6th & 7th
Avenues, running roughly north & south
between Pine & Tieton, is also included.
Date Decision Filed: September 4, 1991.
Current Land Use: Davis High School properties.
Proposed Land Use: Expansion of high school properties.
Current Zone: Multi - Family Residential (R -3).
Decision:
Approve vacating the public right -of -way described in attached
Exhibit "A" subject to the following conditions:
1. Appropriate utility easements shall be granted by the
District to the City as depicted upon the site plan.
2. The District shall cooperate with the City with respect
to reconstruction of curb, gutter, and sidewalk along Tieton Drive.
3. Any further development of the property consisting of the
existing baseball field and the block bounded by 6th and 7th and
Pine and Tieton shall be subject to both an environmental checklist
and a public hearing with Class 3 review.
Examiner: q%______A„
HEARING EXAMINER
EXAMINER'S SUMMARY - 1
crry AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(5091248-0706
Right -of -Way Vacation by )
)
YAKIMA SCHOOL DISTRICT NO. 7 ) EXAMINER'S RECOMMENDATION
(DAVIS HIGH SCHOOL), )
City No. UAZO R/W VAC #4 -91.
of South 6th Avenue ) & CL(3) #11 -91
Between Tieton and Pine, ) Examiner No. I91 -81 -38
Together with the Alley. )
The Examiner conducted a public hearing on August 7, 1991.
The staff report presented by Larry Lehman recommended approval.
Bob Alexander and architect Bob Williams testified on behalf of the
District. A number of property owners in the area testified,
expressing significant concerns about traffic, parking, noise,
litter, and the probability of increased evening activities with
the corresponding bright lights. Attorney Richard Smith, on behalf
of himself as an owner of an apartment building in the area, raised
these concerns and in addition raised questions concerning
compliance with the State Environmental Policy Act. Ray Paolella
and Don Skone responded on behalf of the City concerning some of
the issues Mr. Smith raised. The Examiner inspected the property
prior to the hearing, and again after the hearing.
The Examiner has had separate ex parte contacts with both
Mr. Smith and Dr. Alexander after the hearing, as well as attorney
Mark Kunkler who is with Menke & Jackson, attorneys for the
District. The purpose of the contacts was to advise all parties
that I had made a determination, shortly after the hearing, that I
do not have jurisdiction to deal with SEPA issues in this matter,
and therefore will limit my recommendation to the merits of the
application. I gave advance notice of that determination in order
to allow the parties to determine their respective courses of
action concerning appeals or modification of the application. Dr.
Alexander then contacted me to review procedural aspects of
attempting to go through an environmental checklist after having
completed the substantive hearing. Dr. Alexander indicated to me
EXAMINER'S RECOMMENDATION - 1
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA, WASHINGTON 98907
(509) 248-0706
that they were proceeding with the environmental checklist and
would probably include some mitigation of the various concerns
raised by neighboring landowners. He wanted me to consider that,
and I indicated that I could not do so without some sort of
additional hearing, either by reopening the current proceeding or
processing this as a new application. Because of imminent
construction on Tieton Drive, and a desire to coordinate vacation
of the street abutting Tieton, with replacement of curb, gutter,
and sidewalk at the same time that the street improvements are
made, Dr. Alexander preferred to go ahead with the street vacation
aspect, and come back later on the field expansion. I indicated to
him that in that event I will treat this as a vacation of right -of-
way application only, and will require that any further development
be subject to Class 3 review.
SUMMARY OF RECOMMENDATION. The Examiner recommends vacating
the right -of -way, subject to conditions.
From the view of the site, the matters contained in the
official record, including the staff report, a review of both the
Yakima Urban Area Comprehensive Plan and the Yakima Urban Area
Zoning Ordinance, and from evidence received at the hearing, the
Examiner makes the following:
FINDINGS
1. Applicant. Yakima School District No. 7.
2. Location. The street right -of -way is South 6th Avenue,
between Tieton and Pine. The alley to the west, between 6th and
7th Avenues, running roughly north and south between Pine and
Tieton, is also included. The legal descriptions are attached as
Exhibit "A."
3. Application. Right -of -way vacation.
4. Current Zoning and Use. The Davis High School properties
involved in this proposal are located between Pine Street and
Tieton Avenue, and 5th and 6th Avenues. They are zoned Multi -
Family Residential (R -3). Land used in the immediate vicinity
EXAMINER'S RECOMMENDATION - 2
NEARING EXAMINER
FOR THE
CfrY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 249 -0706
include single family homes, apartments, public park, churches,
commercial uses, and parking. Adjacent properties have the
following characteristics:
LOT A & SITE EXISTING BASEBALL FIELD
(between 5th & 6th Aves. and Pine & Tieton)
Location Zoning Existing Use
North (across Pine) R -3 Public Park /Swimming Pool
South (across Tieton) R -3 Single - Family
M -1 Commercial (Moen Const. Co.)
East (across 6th Ave.) R -3 Athletic Field Expansion Area
West (across 5th Ave.) B -1 Bank /Public Service Facility
LOT B & SITE OF PROPOSED SOCCER FIELD
(between 6th & 7th Aves. and Pine & Tieton)
Location Zoning Existing Use
North (across Pine) R -3 Multi - Family Residential /School
South (across Tieton) R -3 Single - Family
East (across 6th Ave.) R -3 School Baseball Field
West (across 7th Ave.) R -3 Single /Multi- Family Residential
5. Public Use of the Right -of -Way. The alley right -of -way
is currently developed with a gravel surface; South 6th Avenue is
paved, has curb and gutter, and there is a planter median in the
center with full grown trees. Public use of these rights -of -way
has primarily served the adjacent residential properties being
removed as part of this project. Such public need will no longer
exist when these residential uses are gone. Sixth Avenue has also
provided secondary public access to the school and Lion's Park.
Such use has been limited and vacation of the street will neither
deny nor significantly complicate public access to the school or
park.
6. Criteria for Right -of -Way Vacation. City policy
identifies five criteria for consideration:
6.1 Public Benefit. This vacation will facilitate
proposed future expansion of the Davis High School athletic field.
It is the first stage in what may result in future Class 3 review
and approval of expansion of the existing baseball field and
development of a physical education activity area and soccer field.
EXAMINER'S RECOMMENDATION - 3
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 99907
(509) 246-0706
The District is attempting to mitigate loss of housing
stock by making arrangements to move rather than demolish existing
housing units, where feasible, using the assistance of local, non-
profit organizations.
6.2 Denial of Access. The District owns all the
property involved, and this vacation will not deny sole access to
any property.
6.3 Consistency with Transportation Plans. The Six -Year
Transportation Plan does not reflect any projected improvements to
the alley. Improvements to Tieton Drive, including construction of
sidewalks along the north side, are currently scheduled by the
City, with construction anticipated in September 1991 for a couple
of months. This vacation appears to be consistent with the Six -
Year Road Plan and relevant City plans and policies.
6.4 Consistency with Existing and Anticipated
Development and Zoning. Expansion of the Davis High School campus
is long overdue. This large high school has operated for years on
an undersized campus. Future development on this site will be
subject to Class 3 review and a public hearing, in order to ensure
that future development is consistent with the area and responsive
to neighborhood concerns.
6.5 Relocation of Utilities. The existing sewer and
irrigation lines in the alley will remain. Existing power and
television cable will go underground. Existing gas and telephone
lines will be abandoned. A 20 foot wide utility easement will be
granted by the District to the City to serve remaining utilities.
The existing Schanno Ditch will remain in the street. It
is currently buried and will remain so. The existing eight inch
City water line will be relocated near the ditch, and a 20 foot
wide utility easement will be granted by the District to the City
to serve these utilities.
As a point of information, YMC 14.35.060 states that
buildings are not permitted to be constructed over utility
easements.
7. Compensation. No compensation is required, because City
EXAMINER'S RECOMMENDATION - 4
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA, WASHINGTON 98907
(509) 248 -0706
Resolution D -4277 stipulates that compensation for right -of -way
need not be collected if ownership reverts to a school district.
8. Traffic Study. A traffic study was required by the City,
and prepared for the District by Bell- Walker Engineers, Inc., of
Bellevue.
The study suggests that closing 6th Avenue will not
significantly impact the neighborhood, since 6th Avenue now
apparently serves only the houses located on that block. Based on
Figures 3 and 4 of the traffic study, the consultants seem to think
that the traffic levels on the other streets in the area will
remain almost exactly constant, and that there are no level of
service changes at intersections.
The study does not deal with the loss of parking on 6th.
The traffic study lacks credibility because of an excessive
reliance upon a technical appendix which is all but
incomprehensible to anyone other than a masochist. The written
portion of the report does not detail the underlying assumptions
concerning future use of the athletic fields and possible increased
traffic and parking requirements as a result of future field
expansion.
Physical observation indicates that one of the underlying
difficulties with the expansion of Davis High School is its lack of
a good arterial connection. It is probable that 7th Avenue will in
effect serve as a de facto arterial connecting the high school to
Tieton Drive on the south and Walnut Street on the north. When and
to what extent 7th Avenue needs to be improved to accommodate
increased traffic flow is a possible future development issue.
This is an issue which would need to be dealt with regardless of
whether 6th Avenue is closed. North of Tieton, 6th is in effect a
one block street, closed on the north by the school. Its closure
will be insignificant, but for the parking which it takes away from
the neighborhood, which can be dealt with in future development
proposals.
9. Environmental Review. Right -of -way vacations are
categorically exempt from SEPA review. WAC 197- 11- 800(2)(h) and
EXAMINER'S RECOMMENDATION - 5
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 248.0706
YMC 6.88.
This combined application, for both the right -of -way vacation
and the expansion of the athletic fields, was treated as
categorically exempt. This means that it is not subject to the
environmental checklist required by the State Environmental Policy
Act, and therefore no determination is made as to whether or not an
environmental impact statement is required to assess environmental
aspects.
Mr. Smith raised these issues at the hearing, and argued that
the project is not categorically exempt from SEPA review because of
the District's demolition of 20 or more houses. The City staff
report stated that neither the demolition nor the construction
proposed by the School exceed the threshold for SEPA review. It is
not clear from the record whether the City or the School District
made the determination of categorical exemption, although it does
appear clear from hearing testimony that the District is the lead
agency.
Because this application now deals only with the right -of -way
vacation, it is not necessary to resolve these issues, since street
vacations are clearly categorically exempt. Prior to bifurcating
this application, the Examiner determined that the decision by a
government agency, be it the District or the City, that a proposal
is categorically exempt is not subject to administrative appeal,
and can be dealt with only in Superior Court. WAC 197-11 -
680(3)(a)(ii) and (iii). The Examiner does not have jurisdiction.
Bifurcation of this application, separating it into this
current vacation application, with a later development proposal,
does, however, have implications for future SEPA review. Although
not likely in this instance, since Dr. Alexander has previously
indicated to the Examiner that the District is going through the
environmental checklist, it would be possible for the District to
individually demolish or remove the houses, dropping the proposal
below the threshold arguably needed for SEPA review. In order to
avoid piecemeal processing of this application in a manner which
might avoid SEPA review, and in line with the District's commitment
EXAMINER'S RECOMMENDATION - 6
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(5091248-0706
to the Examiner, an environmental checklist will be required for
any future development proposal concerning the Davis baseball field
and future athletic fields, together with Class 3 review.
10. Public Notice. Public notice of the hearing was provided
in accordance with the ordinance.
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:
RECOMMENDATION
Approve vacating the public right -of -way described in attached
Exhibit "A" subject to the following conditions:
1. Appropriate utility easements shall be granted by the
District to the City as depicted upon the site plan.
2. The District shall cooperate with the City with respect
to reconstruction of curb, gutter, and sidewalk along Tieton Drive.
3. Any further development of the property consisting of the
existing baseball field and the block bounded by 6th and 7th and
Pine and Tieton shall be subject to both an environmental checklist
and a public hearing with Class 3 review.
DATED this 4th day of September, 1991.
--
PHILIP A. LAMB
Hearing Examiner
EXAMINER'S RECOMMENDATION - 7
HEARING EXAMINER
FOR THE
CRY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 248-0706