HomeMy WebLinkAbout10/18/2011 15 Right-of-Way Vacation, Vicinity of Poplar Street between North 1st and 3rd Avenues BUSINESS OF THE CITY COUNCIL
0 YAKIMA, WASHINGTON
AGENDA STATEMENT
ITEM NO I5
FOR MEETING OF: October 18, 2011
ITEM TITLE: An Ordinance relating to land use; vacating a certain street right -of -way
identified as Poplar Street between North 1' and 3 Avenues
SUBMITTED BY: Michael Morales, Assistant City Manager
Joan Davenport, Planning Manager
CONTACT PERSON / TELEPHONE: Joseph Calhoun, Assistant Planner, 575 -6162
SUMMARY EXPLANATION: On September 6, 2011 City Council approved the vacation
requested by Roche Fruit /MWR Cold Storage LLC., more particularly described in Exhibit "A ",
and further directed staff to prepare the Vacation Ordinance. The Ordinance has been
prepared and is herein submitted for your approval.
Resolution _ Ordinance X Contract _ Other (Specify)
Funding Source N/A
APPROVAL FOR SUBMITTAL:,/,
City Manager
STAFF RECOMMENDATION: Approve the Ordinance of vacation.
BOARD RECOMMENDATION: The City of Yakima Hearing Examiner recommended approval
of this right -of -way vacation on July 28, 2011.
COUNCIL ACTION:
ORDINANCE NO. 2011-
AN ORDINANCE relating to land use; vacating the Poplar Street right -of -way between
North 1 Avenue and North 3 Avenue in the City of Yakima,
Washington.
WHEREAS; by petition dated May 24, 2011 (Petition #11 -04), Roche Fruit
Company, Inc. and MWR Cold Storage, LLC, 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 paved,
platted street right -of -way; and
WHEREAS, Roche Fruit Company, Inc., and its subsidiary MWR Cold Storage,
LLC, the applicants /petitioners for this right -of -way vacation, own more than the necessary
two thirds of the parcels abutting the property subject to this petition for vacation; and
WHEREAS, on July 14, 2011, the Hearing Examiner for the City of Yakima
conducted an open- record public hearing regarding the requested right -of -way vacation;
and
WHEREAS, on July 28, 2011, the Hearing Examiner issued Hearing Examiner's
Recommendation regarding RWV #001 -01, (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 September 6, 2011, 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, 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 necessary for this right -of -way vacation in
the amount of $46,800.00, which amount is one -half the appraised value of the area so
vacated and is in accordance with RCW 35.79.030; 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:
Section 1. The Poplar Street right -of -way running east to west between North
1 Avenue and ,North 3 Avenue in the City of Yakima, Washington, more particularly
described in Exhibit "A "; attached hereto and incorporated herein by this reference, is
hereby vacated by the City of Yakima.
Ordinance re Street Vacation re Poplar Street Right -of Way 1
Section 2. The findings, conclusions and conditions within the July 28, 2011
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Hearing Examiner's Recommendation (RWV #001 -11) 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 Roche Fruit's and MWR Cold Storage, LLC's satisfaction of the following
conditions, as stated on pages 8 and 9 of the Hearing Examiner's Recommendation:
1. The vacated portion of Poplar Street right -of -way shall be zoned Light Industrial
(M -1).
2. The vacated portion of Poplar Street right -of -way shall revert back to the
Petitioners' platted properties on the north and south side thereof which created them, one
half to each, pursuant to RCW 35.79.040.
3. A 20- foot -wide easement for utilities shall be reserved for each utility. The
easements shall be centered on each utility except for the natural gas line easement
which shall be centered on that line to the extent possible.
4. No structures shall be built within, or overhanging, any new easements.
5. Street signs for Poplar Street at the corners of North 1 Ave nue and North 3rd
Avenue need to be changed from white on blue to black on white.
6. The intersection of North 3 Avenue and Poplar Street shall be an all -way stop
intersection. Stop controls need to be added for the private street access from the
vacated portion of Poplar Street onto a public right -of -way.
7. The vacated portion of Poplar Street needs to be delineated visually from the
public streets to an extent acceptable to the City. Engineer:; This can be done with
signage, fencing, pavement treatments, curbing and /or other similar measures approved
by the City Engineer.
8. A commercial driveway approach will be required if a connection to a public
street is desired.
9. If either access will be closed, barrier curb and the extension of existing
sidewalk will be required.
10. Any new construction of curb, sidewalk or roadway repair shall be to City of
Yakima standards.
11. Compensation shall be paid to the City in the amount of $46,800 prior to
recording the street vacation.
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.
PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved
this 18 day of October, 2011.
Micah Cawley, Mayor
ATTEST:
City Clerk
Publication Date:
Effective Date:
4110
Ordinance re Street Vacation re Poplar Street Right -of Way 2
0
Exhibit "A"
Legal Description
That portion of Poplar Street Tying East of the East right -of -way of North Third Avenue
and West of the West right -of -way of North First Avenue,
Situated in Yakima County, State of Washington.
0
Exhibit "B"
}
Hearing Examiner's Recommendation
Attached is the Hearing Examiner's Recommendation for the Roche Fruit/MWR Cold
Storage, LLC. Right -of -Way Vacation dated July 28, 2011. (File RWV #001 -11)'
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City of Yakima, Washington
Hearing Examiner's Recommendation
July 28, 2011
In the Matter of a Petition for Vacation of )
Street Right -of -Way Submitted by: ) RWV # 01 -11
) Petition # 11.04
Roche Fruit Company and )
MWR Cold Storage, LLC )
)
To Vacate Poplar Street Right-of-Way )
Between No. l Avenue & No. 3 Avenue )
A. Introduction. Introductory findings relative to the hearing process for this matter
may be summarized as follows:
(1) The Hearing Examiner conducted an open record public hearing for this
matter on July 14, 2011.
(2) Assistant Planner Joseph Calhoun presented his staff report favoring the
requested right -of -way vacation.
(3) The petitioners' representatives, Bill Hordan of Hordan Planning Services and
Michael Roach, expressed agreement with Mr. Calhoun's staff report primarily because it
would be safer and more efficient to separate residential vehicle and pedestrian traffic
from industrial truck and forklift traffic.
(4) No one else testified or submitted written comments relative to this petition
for vacation of right -of -way.
(5) This right -of -way vacation recommendation has been submitted within ten
business days of the hearing.
Roche Fruit Company 1
and MWR Cold Storage, LLC;
Vacation of Poplar Street between
No. 1 Avenue and No. 3` Avenue;
RWV #01 -11; Petition #11-04
i
B. St_ mmary of Recommendation. The Hearing Examiner recommends that the
Yakima City Council approve this request to vacate the portion of Poplar Street right -of-
way between North 1 Avenue and North 3" Avenue.
C. Basis for Recommendation. Based upon a view of the site without anyone else
present on July 13, 2011; the staff report, exhibits, testimony and evidence presented at
i ?
an open record public hearing on July 14, 2011; and a review of the Yakima Urban Area
Comprehensive Plan, the Yakima Urban Area Zoning Ordinance, Chapter 35.79 of the
Revised Code of Washington and the City of Yakima's street vacation policies; the
Hearing Examiner makes the following:
FINDINGS
L Petitioners. r /Pro,s y Owners. The petitioners and property owners are Roche Fruit
Company and MWR Cold Storage, LLC, P.O. Box 27, Yakima, Washington.
11. Location and L r�pfions. The right-of-way involved in this request is
the right -of -way for Poplar Street between North 1 Avenue and North 3' Avenue. The
right-of-way is between the parcels more specifically described as follows:
(1) The parcels owned by Petitioner Roche Fruit Company adjacent to the Poplar
Street right - of-way on the north from east to west between North 1 Avenue and North
3" Avenue are as follows: parcel number 181313 -44444 (all of Block 2, the Plat of
Millview Addition, recorded in Volume A of Plats, Page 113, records of Yakima County,
Washington, together with that portion of the vacated alley along the west) and parcel
Roche Fruit Company 2
and MWR Cold Storage, LLC;
Vacation of Poplar Street between
No. 1 Avenue and No. 3r Avenue;
RWV #01-11; Petition #11-04
411
jai
RIF
number 181313 -43485 (Lots 60 and 61 of the Plat of Cherry Avenue Subdivision,
recorded in Volume G of Plats, Page 8, records of Yakima County, Washington, together
with that portion of the vacated alley along the east).
(2) The parcels owned by Petitioner Roche Fruit Company adjacent to the Poplar
Street right -of -way on the south from east to west between North l Avenue and North
3' Avenue are as follows: parcel number 181313 -44436 (Lots 6, 7 and 8, Block 1, the
Plat of Millview Addition, recorded in Volume A of Plats, Page 113, records of Yakima
County, Washington); parcel number 181313 -44435 (Lots 4 and 5, Block 1, the Plat of
Millview Addition, recorded in Volume A of Plats, Page 113, records of Yakima County,
Washington); parcel number 181313 -44434 (Lots 2 and 3, Block 1, the Plat of Millview
Addition, recorded in Volume A of Plats, Page 113, records of Yakima County,
° Washington); and parcel number 181313 -44433 (Lot 1, Block 1, the Plat of Millview
Addition, recorded in Volume A of Plats, Page 113, records of Yakima County,
Y'
(3) The parcel owned by Petitioner MWR Cold Storage, LLC adjacent to the
Poplar Street right -of -way on the south and North 3'' Avenue on the west is parcel
number 181313 -43491 (Lots 1 through 4 and Lots 54 through 59 of the Plat of Cherry
Avenue Subdivision, recorded in Volume G of Plats, Page 8, records of Yakima County,
Washington, together with that portion of right -of -way of the Old Union Ditch Company
lying easterly and westerly of the line of Lots 58 and 59, and together with the vacated
alley under Auditor's File Number 2420621).
M. Notices. The Yakima City Council referred this petition for vacation of right-of-
way to the Hearing Examiner for a recommendation by Resolution No. R.-201 1-103
which was adopted on June 21, 2011, in accordance with RCW 35.79.010. Notice of the
July 14, 2011, hearing was given more than twenty days before the hearing in the manner
required by RCW 35.79.020 and was given in additional ways as follows:
Posting of notice on the ro e
p P rtY: June 24, 2011
Posting of notice in three public places: June 24, 2011
Publishing of notice in the Yakima Herald- Republic: June 24, 2011
Mailing of notice to the property owners within 300 feet: June 24, 2011
Roche Fruit Company 3
and MWR Cold Storage, LLC;
Vacation of Poplar Street between
No. I Avenue and No. 3"' Avenue;
RWV #01 -II; Petition #11 -04
410
TV. Environmental Review. Street vacations are categorically exempt from SEPA
review per WAC 197- 11- 800(2)(h) and Chapter 6.88 of the Yakima Municipal Code.
V. Transportation Capacity Management Ordinance. This request is an exempt
activity under the Transportation Capacity Management Ordinance.
VI. Comprehensive Plan, Zoning and Land Uses. The Petitioners' parcels north
and south of the Poplar Street right-of-way between North 1" Avenue and North 3'
Avenue have an Industrial Comprehensive Plan Land Use Map designation, a Light
Industrial (M -1) zoning classification and various fruit processing/cold storage land uses.
VII. Development Services Team. The Development Services Team meeting held
on June 22, 2011, resulted in the following comments:
(1) Codes: No new development can take place over an easement. If develop-
•
ment is ever considered, the utilities must be moved and the easement eliminated.
(2) Engineering: The owner is required to submit civil engineering plans for
improvements per the requirements of Title 12, stamped and signed by a civil engineer.
Any utilities within the right -of -way will either be relocated to City of Yakima standards
and with City Engineer approval or 20- foot -wide easements, centered on the utility, shall
be dedicated. The owner shall remove the existing curb radiuses and replace them with
curb connecting both sides as to eliminate the entrance to Poplar Street. The owner shall
also extend the sidewalk south across the ends of the existing Poplar Street right -of -way
along with surface treatments that match adjacent areas. The owner shall saw cut and
repair any roadway surfaces to City standards. Should the owner desire a vehicle access
at this location, the owner is required to design and submit plans depicting a commercial
approach all in accordance with City of Yakima Standards. Stormwater shall be treated
and disposed of per the Yakima County Regional Stormwater Manual for both private
property and City right-of-way. All construction shall meet the requirements of the City
Roche Fruit Company . 4
and MWR Cold Storage, LLC;
Vacation of Poplar Street between
No. 1' Avenue and No. r Avenue;
RWV #O1 -11; Petition #11 -04
40
of Yakima standard plans and specifications and is subject to final approval by the City
of Yakima Engineer.
(3) Traffic Engineering: Closure of Poplar Street between 1 Avenue and 3'
Avenue will eliminate any public street connections to Poplar Street for a length of 2,100
feet. Normally this would be an issue, but the industrial nature of 1s` Avenue does not
require good connectivity to the adjacent residential areas: The lack of connectivity may
be an issue for emergency service providers. The applicant will be responsible for all
costs related to making the change over to a private road including any required
changes/additions/deletioas to street signage and pavement marking. The color for street
signs for Poplar Street at the comers of 1 Avenue and 3 Avenue need to be changed
Gf
from white on blue to black on white. 3rd Avenue and Poplar Street shall be changed to
{ an all -way stop intersection. 3 Avenue is stop - controlled now. Stop controls need to be
added for the private street access onto a public right -of -way. Just swapping stop sign
locations is likely to lead to an accident problem The vacated portion of Poplar Street
needs to be delineated visually from the public streets. This can be done with signage,
fencing, pavement treatments, curbing, etc.
(4) Wastewater: No buildings or other structures are to be built on or within the
public utility easement.
411 (5) Water/Irrigation: There is an existing looped 8 -inch waterline in Poplar Street
b etween North 1st Avenue and North 3rd Avenue. There are multiple domestic services
along this portion of Poplar Street. There is an existing fire hydrant located at the
southwest comer of the intersection of Poplar Street and North 1st Avenue. A minimum
16 -foot easement is required around all existing waterline facilities as well as all
irrigation facilities. The site is within the City of Yakima's General irrigation service
area. There is an existing 16 -inch HDPE irrigation main in Poplar Street. No buildings
or permanent structures shall be constructed within the new easements established for the
waterline and irrigation line. Access for operation and maintenance of the lines shall be
maintained at all times.
VIII. Criteria for the Vacation of Street Right -of -Way. City policy provides that
the following criteria are to be considered in determining the propriety g p p 'ety and requisites of
street right -of -way vacations:
Roche Fruit Company 5
and MWR Cold Storage, LLC;
Vacation of Poplar Street between
No. 1' Avenue and No. 3' Avenue;
RWV #01 -11; Petition #11 -04
•
•
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(1) Public Benefit and Reasons Supporting the Proposed Vacation and the
Limits of the Proposed Vacation. The limits of the vacation would be Poplar Street
between North l Avenue and North 3' Avenue. The public benefit and reasons
supporting the proposed right -of -way vacation would be to separate residential vehicular
and pedestrian traffic from industrial traffic in an area where there are sufficient
alternative routes for residential vehicular and pedestrian traffic to utilize. This portion of
Poplar Street runs east and west between existing industrial buildings and uses such as a
fruit processing plant, cold storage warehouses and bin storage areas which involve
heavy truck traffic and forklifts on the street. The existing street Iayout encourages
residential vehicular and pedestrian traffic to utilize a route that conflicts with industrial
traffic and uses. The undisputed testimony at the hearing indicated that the requested
street vacation would relieve congestion and help prevent accidents in an area where
other routes are available for use by the residential vehicle and pedestrian traffic. The
increased safety and efficiency that would result from the requested street vacation would
be the primary public benefit and reason supporting the proposed street vacation.
(2) Necessity for the Right -of -Way as Access to Property. The right -of -way
involved in this request is not needed for access to any property because all abutting
properties would have access to a public street or alley. Parcel number 181313 -44444
would have direct access to North l Avenue. Parcel numbers 181313 -43485 and 43491
•
would have direct access to North r Avenue. Parcel number 181313 -44436 would have
direct access on North l Avenue. Parcel numbers 181313- 44435, 44434 and 44433
would have access by way of an existing alley which abuts them on the south. Additional
private access can be provided by Petitioners as needed for parcels abutting the area to be
vacated. Approval of this vacation request would not deny sole access to any property.
(3) Consistency with the Six Year Transportation Improvement Plan, the
Urban Area Comprehensive Plan and other Official City Plans and Policies. There
are no plans for improvement of the subject Poplar Street right-of-way area between
North l Avenue and North 3 Avenue in the City's Six Year Transportation •
Improvement Plan or in any of the City's other plans or policies.
(4) Consistency with Existing and Anticipated Development in the Area
Based on Zoning, Current Use and Long -Range Plans. The requested right - - way
vacation would not adversely affect any existing or anticipated development in the area.
It would instead improve the safety and efficiency of existing industrial development in
the area which is consistent with zoning, current use and long -range plans. It would also
Roche Fruit Company 6
and MWR Cold Storage, LLC;
Vacation of Poplar Street between
No. I Sl Avenue and No. r Avenue;
RWV #01 -11; Petition #11-04
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t i
AK
be consistent with the Urban Area Comprehensive Plan because it promotes infill and the
efficient utilization of vacant land within an area .designated for industrial uses by the
Future Land Use Map of the Comprehensive Plan.
(5) Provisions for Relocation of Existing Utilities or Easements for Existing
Utilities. There are existing utilities (wastewater, water, irrigation and franchise utilities)
located in the portion of the street right -of -way proposed for vacation: Easements' 20 feet
in width shall be reserved for all utilities. They shall be centered on each utility except
for the easement for the natural gas line located less than 10 feet from buildings which
{ shall be centered on that line to the extent possible. a
(6) Fair Market Appraisal and Compensation to the City. Compensation to
j z the City for the requested right -of -way. vacation in the amount of 50% of the
independently appraised value of the area vacated must be paid in accordance with City
Resolution R-2007-126. Since the March 10, 2011, appraisal of the portion of Poplar
Street to be vacated determined the appraised value to be $93,600, the Petitioners must
pay $46,800 for the area to be vacated prior to the recording of the street vacation.
CONCLUSIONS .
0
Based on the foregoing Findings, the 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 a petition and resolution to vacate a public street right-of-way area and to make
a recommendation to the City Council relative thereto.
(2) All public notice requirements for vacation of a street right -of -way have been
completed in accordance with applicable statutes and ordinances.
(3) SEPA review was not required because street right -of -way vacations are
categorically exempt from SEPA review.
(4) A traffic analysis report is not required for the requested right -of -way vacation
under the Transportation Capacity Management Ordinance.
}
Roche Fruit Company 7
and MWR Cold Storage, LLC;
Vacation of Poplar Street between
No. 1' Avenue and No. 3 Avenue;
RWV #01 -11; Petition #11 -04
0
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(5) Since Roche Fruit Company owns about 90% of the property abutting the area
to be vacated and its subsidiary 10% diary MWR Cold Storage, LLC owns about 10% of the
property abutting the area to be vacated, petition signatures were obtained from 100% of
the owners abutting the area to be vacated.
(6) The right -of -way to be vacated was dedicated to the City of Yakima by the
Plats. of Millview Addition to North Yakima (February 9, 1905) and Cherry Avenue
Subdivision (December 31, 1921).
(7) 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 alley.
(8) This request for public right-of-way vacation would not conflict with any
planned street improvement projects or other City plans or projects.
(9) The requirements of RCW 35.79 and the City's five criteria governing the
approval of public street right -of -way vacations have all been satisfied.
(10) Compensation of $46,800 must be paid to the City for the area to be vacated.
(11) The vacated right -of -way belongs to the adjacent parcels of property, one
half to the adjacent parcels on each side thereof per RCW 35.79.040.
(12) The vacated right -of -way will have the Light Industrial (M -1) zoning of the
abutting parcels to which they are added.
• l .ECOMMENDATION
The Hearing Examiner recommends to the Yakima City Council that the Poplar
Street right -of -way between North Avenue and North r Avenue described in RWV
#01 -11 and Petition #11 -04 SHOULD BE VACATED subject to the following
conditions:
(1) The vacated portion of Poplar Street right-of-way shall be zoned Light
Industrial (M -1).
Roche Fruit Company 8
and MWR Cold Storage, LLC;
Vacation of Poplar Street between
No. 1 Avenue and No. 3' Avenue;
RWV #01 -11; Petition #11-04
(2) The vacated portion of Poplar Street right -of -way shall revert back to the
Petitioners' platted properties on the north and south side thereof which created them,
one -half to each.
(3) A 20- foot -wide easement for utilities shall be reserved for each utility. The
easements shall be centered on each utility except for the natural gas line easement which
shall be centered on that line to the extent possible.
(4) No structures shall be built within, or overhanging, any new easements.
(5) Street signs for Poplar Street at the corners of North 1 Avenue and North 3` _
Avenue need to be changed from white on blue to black on white.
(6) The intersection of North 3` Avenue and Poplar Street shall be an all -way
stop intersection. Stop controls need to be added for the private street access from the
vacated portion of Poplar Street onto a public right -of -way.
(7) The vacated portion of Poplar Street needs to be delineated visually from the
public streets to an extent acceptable to the City Engineer. This can be done with
signage, fencing, pavement treatments, curbing and/or other similar measures approved
by the City Engineer.
4111 (8) A commercial driveway approach will be required if a connection to a public
s treet is desired.
(9) If either access will be closed, barrier curb and the extension of existing
sidewalk will be required.
(10) Any new construction of curb, sidewalk or roadway repair shall be to City of
Yakima standards.
(11) Compensation shall be paid to the City in the amount of $46,800 prior to
recording the street vacation.
DATED this 28 day of July, 2011.
Gary M. Caillier, Hearing Examiner
Roche Fruit Company 9
and MWR Cold Storage, LLC;
Vacation of Poplar Street between
No. 1" Avenue and No. 3 Avenue;
RWV #O1 -11; Petition #11 -04