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HomeMy WebLinkAbout04/07/2020 07 Public Hearing; Right-of-Way Vacation; Alleway West of N 6th Ave, South of Fruitvale 1 __________,7Y s,ti 7; : :r's sr J::L, Imo; BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7. For Meeting of: April 7, 2020 ITEM TITLE: Public hearing and ordinance to consider the Hearing Examiner's recommendation regarding a right-of-way petition submitted by Yakima Housing Authority to vacate a portion of an alleyway that extends west of N 6th Ave, south of Fruitvale Blvd SUBMITTED BY: Joan Davenport, AICP, Community Development Director Joseph Calhoun, Planning Manager Colleda Monick, Community Development Specialist (509) 576- 6772 SUMMARY EXPLANATION: Anyone wishing to comment on this public hearing should call 509-575-6001 once the hearing is opened. On November 1, 2019, the City of Yakima Department of Community Development received a petition from Yakima Housing Authority for the vacation of a portion of an alleyway that extends west of N 6th Ave, south of Fruitvale Blvd, located in the General Commercial (GC) and Multifamily(R-3)zoning districts. The proponent has requested this vacation for the purpose of creating additional parking for its existing campus and to provide design flexibility for future development. There are no future City plans for development of the subject right-of-way. On February 13, 2020, the Hearing Examiner for the City of Yakima conducted an open-record public hearing regarding the requested right-of-way vacation. No comments were received during the open record public hearing. On February 28, 2020, the Hearing Examiner issued a Recommendation stating that the right-of-way be vacated pending City Council approval. Council, please bring your copy of the Complete Record which was distributed at the March 17, 2020 Council Meeting. ITEM BUDGETED: NA STRATEGIC PRIORITY: Neighborhood and Community Building APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Conduct public hearing and pass ordinance. 2 ATTACHMENTS: Description Upload Date Type ❑ Ordinance YHA 3/16/2020 Ordinance 3 ORDINANCE NO. 2020- AN ORDINANCE relating to land use; vacating a public right-of-way, in an alleyway that extends west of N 6th Ave., south of Fruitvale Blvd., in the City of Yakima, Washington. WHEREAS, by petition dated October 28, 2019 (Petition#19-12), Yakima Housing Authority, requested to vacate a portion of platted City of Yakima right-of-way more particularly described in Exhibit "A", attached hereto and incorporated herein by this reference; and WHEREAS, the City of Yakima has no future plans for development of this unpaved, platted alleyway right-of-way; and WHEREAS, The Yakima Housing Authority, the applicant/petitioner for this right- of-way vacation, own all parcels abutting the property subject to this petition for vacation; and WHEREAS, on February 13, 2020, the Hearing Examiner for the City of Yakima conducted an open-record public hearing regarding the requested right-of-way vacation, and concluded the hearing on February 13, 2020; and WHEREAS, on February 28, 2020, the Hearing Examiner issued the Hearing Examiner's Recommendation regarding RWV#001-19, (the "recommendation") recommending that the platted street right-of-way be vacated, and said recommendation is attached hereto and incorporated herein by this reference as Exhibit "B"; and WHEREAS, at an open-record public hearing held on April 7, 2020, the City Council considered the requested right-of-way vacation, including the documents and other evidence which comprise the record developed before the Hearing Examiner, the Hearing Examiner's Recommendation, and the statements and comments of interested persons; and WHEREAS, the City Council finds that the considerations of the Hearing Examiner in response to the requirements and criteria of RCW Chapter 35.79, together with the City of Yakima street vacation policy (YMC Ch. 14.21), are correct and appropriate, and that the same should be adopted by the City Council as its findings herein; and WHEREAS, compensation to the City is not necessary for this right-of-way vacation due to the City having not purchased, maintained, or made any improvements to the public right-of-way, has no plans to do so, and has been a dedicated public right-of- way for at least five years, in accordance with YMC § 14.21.070 (A) (4); and WHEREAS, the City Council finds that it is in the best interest of the City to enact the following to approve the requested right-of-way vacation; now, therefore: BE IT ORDAINED BY THE CITY OF YAKIMA: 4 Section 1. The unimproved dead-end alley right-of-way beginning a short distance west of North 6th Avenue and extending westerly one parcel south of Fruitvale Boulevard between Assessor's Parcel Numbers 181313-31417, 31418, 31419, and 31513 on the north and Assessor's Parcel Number 181313-31514 on the south, more particularly described in Exhibit "A", attached hereto and incorporated herein by this reference, is hereby vacated by the City of Yakima. Section 2. The findings, conclusions and conditions within the February 28, 2020 Hearing Examiner's Recommendation (RWV#001-19) regarding this right-of-way vacation are hereby adopted by the City Council as its findings, conclusions and conditions in support hereof, pursuant to City vacation policy and RCW Chapter 35.79, and are incorporated herein by this reference as if fully set forth herein. Section 3. The right-of-way vacation granted by this ordinance is expressly conditioned on The Yakima Housing Authority's satisfaction of the following conditions, as stated on page 10 of the Hearing Examiner's Recommendation: 1. The legal description of the vacated area shall be a ten (10)-foot-wide strip of land platted as an alley and shown on the Plat of Hathaway's Subdivision of Lots 31 and 32 of Hathaway's 5 Acre Tracts in Section 13, Township 13 North, Range 18 East, W.M., within Block 1, lying north of, parallel with and adjacent to Lots 8 and 9 of said subdivision; SUBJECT TO an easement for public utilities over and across the same ten (10)-foot-wide strip of land. 2. Upon vacation, the north five (5) feet of the vacated area shall have the zoning classification of General Commercial (GC) and the south five (5) feet of the vacated area shall have the zoning classification of Multi-Family Residential (R-3). 3. A detailed site plan shall be provided which accurately shows all existing utilities within the right-of-way to be vacated. 4. A public utility easement shall be maintained to provide access for operation, maintenance or replacement of the existing utilities systems and improvements thereto. Section 4. Severability: If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 5. 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, and the vacation approved herein shall be effective upon recording with the Yakima County Auditor. The City Clerk is hereby authorized and directed to file a certified copy of this ordinance with the Yakima County Auditor. PASSED BY THE CITY COUNCIL, signed and approved this 7th day of April, 2020. 5 ATTEST: Patricia Byers, Mayor Sonya Claar Tee, City Clerk Publication Date: Effective Date: 6 Exhibit A Petition and Legal Description RECEIVED PETITION NO. 1 9 I a CITY OF YAKIMA,WASHINGTON NOV 12619 PETITION TO VACATE STREET OR ALLEY CITY AWN'YAKIMA To the City Council of the City of Yakima Washington. NG Div Comes now the undersigned petitioners and, pursuant to RCW Chapter 35.79, now respectfully show The undersigned petitioners request that the following described street, alley or portion thereof, located in the City of Yakima. be vacated pursuant to RCW 35.79 (provide legal description below, or attach to petition if lengthy). Each of the undersigned petitioners is the owner of an interest in real estate abutting on the above-described area. The undersigned petitioners constitute owners of more than Iwo-thirds of said abutting property. Wherefore, petitioners pray that proceedings be heard hereon for the vacation of said area in the manner prescribed by RCW Ch.35.79. Ottei774A/o0..te(, I M ,er Address /j 11 100 Signature Date Ownership°/o Owner Address Signature Date Ownership•1. Owner Address Signature Date Ownership% (If there are more property owners than what is room for please attach a separate list of property owners abutting the right-of-way to tie vacated as weN as their address,percentage of frontage on the right-of-way, and sgnakere aVth date and the total ownersh p percentage of the property owners participating in this vacation) Revised 4t2019 11: C.6 INDEX 7 VACATION OF ALLEYWAY Proposed Description A 10 foot strip of land platted as an alley and shown on the Plat of Hathaway's Subdivision of Lots 31 and 32 of Hathaway's 5 Acre Tracts in Section 13, Township 13 North, Range 18 East,W.M.,within Block 1, tying north of, parallel with and adjacent to Lots 8, 9 and 10 of said subdivision; SUBJECT TO an easement for public utilities over and across the same 10 foot strip of land. 8 Exhibit B Hearing Examiner's Recommendation RECEIVED FEB 2tl2020 City of Yakima, Washington CITY OF YAlilblA Hearing Examiner's Recommendation PLANNING aV February 28,2020 In the Matter of an Application/Petition ) for Vacation of Unimproved Alley ) Right-of-Way Submitted by: ) RWV#001-19 ) Petition No. 19-12 Yakima Housing Authority ) Resolution No. R-2020-004 ) To Vacate a Portion of an Alley Right-of- ) Way Located West of North ti''Avenue ) And South of Fruitvale Boulevard ) A. Introduction. Introductory findings relative to the hearing process for this matter may be summarized as follows: (1) The I Icaring Examiner conducted an open record public hearing for this application/petition on February 13,2020. (2) Community Development Specialist Colleda Monick presented the Planning Division staff report recommending approval of the requested alley right-of-way vacation. (3) Nathan Poet, the Design Director for Yakima Housing Authority, testified in favor of the request by indicating that the applicant owns all of the property on both. sides of the dead-end alley right-of-way proposed for vacation and that the requested vacation would facilitate future development of affordable housing by providing an additional area for parking even though permanent structures would not be allowed Yakima Ilousing Authority Vacation of Alley Right-of-Way West of North 6' Avenue and South of Fruitvale Boulevard RWV#001-19;Petition No.19-12 ©OC. I+'1DEX 9 there due to the existence of a public utility casement over the entire right-of-way for an existing City public sanitary sewer mainline and an existing irrigation system mainline. (4) No other testimony and no written public comments were submitted. (5) This alley right-of-way vacation recommendation has been issued within ten. business days of the hearing. B. Summary of Recommendation. •l'he Hearing Examiner recommends that the Yakima City Council approve this request to vacate the portion of an unimproved dead- end alley right-of-way beginning a short distance west of North 6th Avenue and extending westerly one parcel south of Fruitvale Boulevard between Assessor's Parcel Numbers 1 .1313-31417, 31418, 31419 and 31513 on the north and Assessor's Parcel Number 1 S 1313-31514 on the south which are all owned by the Yakima Housing Authority,subject to conditions. C. Basis for Recommendation. Based upon a view of the site without anyone else present on February 10, 2020; the staff report, exhibits, testimony and evidence pre- sented at an open record public hearing on February 13, 2020; and a review of Chapter 35.79 of the Revised Code of Washington (RC W) and of the City of Yakima's public right-of-way vacation provisions in Chapter 14.21 of the Yakima Municipal Code (YMC'); the Hearing Examiner makes the following: FINDINGS I. Applicant/Petitioner. The applicantipetitioner is Yakima Housing Authority, 810 RECEIVED Yakima[lousing Authority 2 Vacation of Alley Right-of-Way F�� � � West of North e5 Avenue and South ofFruitva[e Boulevard CITY OF YAKIMA RWV#001-19;Petition No.19-12 PLANNING Div. DOC. INDEX NA-1 10 North 6`t'Avenue, Yakima, Washington 98902. 11. Description of Right-of- ay Vacation Request. The main aspects of this alley right-of-way vacation request may be summarized as follows: (I) On November 1, 2019, the City Department of Community Development received a petition from the Yakima Housing Authority for vacation of a portion of unimproved east-west dead-end alley right-of-way beginning a short distance west of the 800 block of North 6111 Avenue that is 10 feet wide and runs parallel to the south side of Fruitvale Boulevard behind the parcels at 1112 and 606 Fruitvale Boulevard between Assessor's Parcel Numbers 181313-31417, 31418, 31419 and 31513 on the north and Assessor's Parcel Number 181313-31514 on the south which are all owned by the Yakima Housing Authority, (2)The stated purpose for the request is to allow an area that is currently fenced off to be used for parking by the Yakima Housing Authority for its existing campus and to provide design flexibility for future development of its affordable housing. No permanent structures can be placed on the vacated area in the future due to the existence of a public utility easement located there. The portion of the alley extending west. directly off of North 6`h Avenue which is used to access two parcels adjacent to that street would not be vacated. (3) RCW 35.79.040 and YMC §14.21.080(AX1) provide that vacated property shall belong to the abutting owncr(s) on each side, one-half to each. Here all of the vacated property would belong to the Yakima Housing Authority as the only abutting property owner. III. Notices. Notice of the hearing was given on January 21, 2020, when the Yakima City Council adopted Resolution No. R-2020-004 setting the hearing for February 13, 2020, and was also subsequently given more than twenty days before the hearing in the manner required by RCW 35.79.020 and in the following additional ways on the following dates: RECEIVED Yakima Housing Authority 3 Vacation of Alley Right-of-Way FEB 2 8 Z020 West of North 6 Avenue and South of Fruitvale Boulevard l YAKly. PLANN HWW001-19;Petition No,19-12 �G i?1V. I[ C. INDEX # AP1-1 11 Posting of notice on the property at the only access point: December 18, 2019 Publishing of notice in the Yakima lrerald-Republic: January 22, 2020 Mailing of notice to the property owners within 300 feet: January 22,2020 Posting of notice in three public places: January 22, 2020 IV. Ilea ring. Examiner Jurisdiction. The Yakima Municipal Code provides in Subsection 1..13_080(I1) that the Hearing Examiner shall conduct public hearings on petitions and resolutions to vacate streets and public rights-of-way pursuant to RCW Chapter 35.79 and that decisions of the Hearing Examiner on such matters shall constitute recommendations to the Yakima City Council. V. Environmental Review. Street or alley vacations are categorically exempt from State Environmental Policy Act (SEPA)review per WAC 197-1 i-800(2)(i)and Chapter 6.88 of the Yakima Municipal Code. VI. Comprehensive Plan. Public rights-of-way do not have a Comprehensive Plan designation. Upon approval of street or alley right-of-way vacations, the vacated areas receive the Comprehensive Plan designation of the adjacent properties. The Yakima Urban Area Comprehensive Nan designates the property north of the area to be vacated to which the vacated area will accrue as Commercial Mixed Use and the property south of the area to be vacated to which the vacated area will accrue as Mixed Residential. VII. Zoning and Land Uses. Pursuant to YMC §15.22.060(E) which provides that where a public right-of-way is vacated, the vacated area shall have the zoning district RECEIVED Yakima Housing Authority 4 Vacation of Allcv Right-of-Way FEB 2 3 2020 West of North 6''Avenue and South of Fruitvale Boulevard CITY OF YAKiiidr. RWVa001-19; Petition No.19-12 PLANNING ow DOC. INDEX 12 classification of the property to which it accrues,the zoning for the north five(5) feet of the vacated portion of the ten (10)-foot-wide unimproved alley right-of-way would be General Commercial (GC) and zoning for the south five (5) feet of the vacated portion of the ten (10)-foot-wide unimproved alley right-of-way would be Multi-Family Resi- dential(R-3). Properties near the area to be vacated have the following zoning and land uses: Direction Zoning Land Use North General Commercial(GC) Commercial business, Vacant South Multi-Family Residential (R-3) Offnce&Clinics East General Commercial(GC) Automotive Dealership Multi-Family Residential (R-3) Single-Family Dwellings West Multi-Family Residential(R-3) Office/Clinics 'III. Development Services Team. The Development Services Team meeting held on November 19, 2019, resulted in the following comments: (1) Engineering: All City utilities — sewer, water and others — will require a utility easement per YMC Chapter 12.02 prior to vacation of right-of-way. (2) Wastewater: There is an existing City sewer line in the proposed right-of- way to be vacated. If the right-of-way is vacated, there will need to be an easement recorded that meets YMC Title 12 requirements. (3) Water/Irrigation: The site is within the City of Yakima's Fruitvale irrigation system service area. There is an existing three (3)-inch CI irrigation main with services in the alley along the extent of the proposed right-of-way vacation. A detailed site plan should be provided which accurately shows all existing utilities within the right-of-way to be vacated. A public utility easement shall be maintained to provide access for the City of Yakima's operation, maintenance and/or replacement of the existing irrigation system. RECEIVED Yakima Housing Authority 5 Zen Vacation of Allc r Right-of-Way CITY OF YAKlie.,. West of North 6c Avenue and PLANNING Dl'V South of Fruitvale Boulevard RWV4001-19 Pclition No. 19-12 DOC. INDEX #. PIC 13 IX. Criteria for the Vacation of Street Right-of-Way. The following five criteria set forth in YMC §14+21.050 are considered in determining the propriety and requisites of public right-of-way vacations: (1) The public benefit, reason for, and limitations of the proposed right-of- way vacation. The public benefit that would result from the proposed right-of-way vacation would be to relieve the City from ever having to improve and maintain a portion of a dead-end alley tight-of-way that is fenced and will never be of use to the City. The reason for the proposed right-of-way vacation is to allow the area to be used in connection with the Yakima Housing Authority's affordable housing purposes in the future. The limitations of the proposed right-of-way vacation would be the 10-foot-wide alley right-of-way west of North 6th Avenue between Assessor's Parcel Numbers 181313-31417, 31418, 31419 and 31513 on the north and Assessor's Parcel Number 181313-31514 on the south which are all owned by the Yakima Housing Authority, (2) Whether the vacation of right-of-way would deny sole access to a public street or alley for any property. Vacation of the right-of-way involved in this request would not deny any property sole access to a public street or alley because all parcels surrounding the area to be vacated have access either to Fruitvale Boulevard or to North 6th Avenue. (3) Whether the proposal is consistent with existing plans of the city, such as the six-year transportation improvement plan, the urban area comprehensive plan or other official city plans and policies. The requested street vacation will be consistent with the City's plans because there are no plans for improvement of the subject 10-foot-wide unimproved dead-end alley right-of-way area in the City's Six Year Transportation Improvement Plan or in any of the City's other plans or policies. Nor did any of the City Divisions indicate at the Development Services Team meeting that the alley right-of-way area proposed for vacation would likely be improved by the City in the future. (4)Whether the vacation is appropriate with existing and anticipated zoning and land use. The requested right-of-way vacation would not adversely affect any existing or anticipated development in the area. Upon vacation, title to the entire vacated area would vest in the sole abutting owner, the Yakima Housing Authority. RECEIVED Yakima Housing Authority 6 Vacation of A]Iev Right-of-Way FEB 2 8 2020 West ofNorth 6 Avenuc and South of Fruitvale Boulevard aiv OF YAKIva" RWV#oot-19;Petition No,19-12 PUMPS S D111 DOC. INDEX AA-1 14 Upon vacation,the north 5 feet of the vacated area would have the General Commercial. (GC) zoning of the abutting property on the north, and the south 5 feet of the vacated area would have the Multi-Family Residential (R-3) zoning of the abutting property on the south. (5) Whether there are any public or franchised utilities in the right-of-way to he vacated and, if so, whether they will be relocated, or whether an easement will need to be reserved. There are public utilities in the right-of-way to be vacated. 'Here is a City sewer main and a City irrigation line with services that are located within a public utility easement that already exists over the entire area requested to be vacated. X. Compensation to the City. YMC §14.21.070(A)(4) exempts the applicant/ petitioner for this alley right-of-way vacation from having to pay compensation to the City for the vacated properly because of the following circumstances which are all present in this situation; "4. No compensation may be required if the city has not purchased, maintained, or made any improvements to the public right-of-way,there is no planned or anticipated public purpose existing for maintaining the public right-of-way as determined by the planning commission or development services team (DST), and the public right-of-way has been a dedicated right-of-way in the city for at least five years." During the DST meeting, no City Divisions indicated that any future improvements were planned for the alley right-of-way involved in this request. This area was dedicated to the City of Yakima by the J.H. Hathaway Plat recorded on October 9, 1894. The City has neither purchased, maintained nor made any improvements to this area in the past. Therefore, no compensation is required for this alley right-of-way vacation. RECEIVED Yakima Housing Authority 7 FEB 2 8 2U2U Vacation ofAI]e Right-of-Way ar OF YA1(Ilu West of North 6' Avenue and PLJ Nrilila DIV. South of Fruitvale Rouievard RWVd001-19; Petition No.19-12 CR INDEX " 15 CONCLUSIONS Based upon the foregoing Findings, the Hearing Examiner reaches the following Conclusions: (1) The Hearing Examiner has jurisdiction and authority by virtue of Subsection 1.43,080(H) of the Yakima Municipal Code to conduct an open record public hearing regarding an application, petition and resolution to vacate a public street or alley right- of-way area and to make a recommendation to the City Council relative thereto. (2) All public notice requirements for vacation of a portion of alley right-of-way have been completed in accordance with applicable statutes and ordinances. (3) SE1'A review was not required because street or alley right-of-way vacations are categorically exempt from SEPA review. (4) Since the petitioner owns 100% of the property abutting the alley right-of- way area to be vacated, petition signatures were obtained from the owners of the requisite two-thirds of the property abutting the area to be vacated. (5) The right-of-way to be vacated was dedicated to the City by the J.H. Hathaway PIat which was recorded on October 9, 1894, rather than being purchased by the City. (6) The Yakima Urban Area Comprehensive Plan designates the property abutting the area to be vacated as Commercial Mixed Use on the north and as Mixed Residential on the south, which will become the Comprehensive Plan designations of the vacated property if the City Council grants this request. (7) The Yakima Urban Area Zoning Ordinance classifies the property abutting the area to be vacated as General Commercial (GC) on the north and Multi-Family Residential (R-3) on the south, which will become the zoning classifications of the vacated property if the City Council grants this request. (8) No properties would be denied access to the public street system as a result of this right-of-way vacation since all parcels will have frontage on a public street or RECEIVED Yakima Housing Authority $ FEB 2 8 2UZC Vacation of Allcv Right-of-Way West of North 6' Avenue and CITY O Y I ii South of Fruitvale Boulevard MT/1 01-19;Petition Nu. 19-12 Die. INDEX # t lo-1 16 access to a public street, specifically either frontage on Fruitvale Boulevard or access to North 6Th Avenue. (9) This request for alley right-of-way vacation would not conflict with any planned street improvement projects or other City plans or projects. (10) No testimony or written comments were submitted in opposition to the requested alley right-of-way vacation. (1 1) The requested alley right-of-way vacation would not affect any public or franchised utility lines because they are located within a public utility easement. (12) The requirements of RCW 35,79 and the City's five criteria governing the approval of public alley right-of-way vacations have all been satisfied, (13) YMC §14.21.070(AX4) states that compensation is not required to be paid to the City for the area to be vacated under the circumstances involved in this request. (14) If the Yakima City Council approves the requested right-of-way vacation, the vacated right-of-way would belong to the sole owner of the abutting property on both sides of the area to be vacated which is the Yakima I lousing Authority. RECOMMENDATION The Hearing Examiner recommends that the Yakima City Council approve this request to vacate the portion of an unimproved dead-end alley right-of-way beginning a short distance west of North 6Th Avenue and extending westerly behind parcels fronting on Fruitvale Boulevard between Assessor's Parcel Numbers 181313-31417, 31418, 31419 and 31513 on the north and Assessor's Parcel Number 181313-31514 on the south which are all owned by the Yakima Housing Authority, subject to the following conditions. (1) The legal description of the vacated area shall be a ten(10)-foot-wide strip of land platted as an alley and shown on the Plat ofHathaway's Subdivision of Lots 31 and RECEIVED Yakima Housing Authority 9 Vacation of All Right-of-Way FEB 2 1 1020 West of North 6 Avenue and South of Fruitvale Boulevard CITY OF YAKiiir,A uwvonot-t4;Petition No.19-12 MAIMS DIV. DOC. INDEX 17 32 of Hathaway's 5 Acre Tracts in Section 13, Township 13 North, Range 18 East, V .M., within Block 1, lying north of, parallel with and adjacent to Lots 8 and 9 of said subdivision; SUBJECT TO an easement for public utilities over and across the same ten (10)-foot-wide strip of land. (2) Upon vacation, the north five (5) feet of the vacated area shall have the zoning classification of General Commercial (GC) and the south five (5) feet of the vacated area shall have the zoning classification of Multi-Family Residential (R-3). (3) A detailed site plan shall be provided which accurately shows all existing utilities within the right-of-way to be vacated. (4) A public utility easement shall be maintained to provide access for operation, maintenance or replacement of the existing utilities systems and improvements thereto. DATED this 28t day of February, 2020. ikon Gary M.Cuillier, Hearing Examiner RECEIVED FEB 2 8 Z020 Yakima Housing Authority CITY OF YAKiiwt, Vacation of Alley Right-of-Way KAUFMIUG DIV No rth of 6 Avenue and South of Fruitvale Boulevard RWVIH001-19;Petition No. 19-12 D O C. INDEX # PA-1