HomeMy WebLinkAbout2011-050 Right-of-Way Vacation, Vicinity of Poplar Street Between North 1st and 3rd AvenuesFILE# 7760504
YAKIMA COUNTY, WA
04/23/2012 02:42 :04PH
ORDINANCE
PAGES: 14
CITY OF YAKIMA PLANNING
Recording Fee: 75.00
April 23, 2012
Return To:
Yakima City Clerk
129 North Second Street
Yakima, WA 98901
Document Title: Ordinance No. 2011 -50
Rights -of -Way vacation submitted by Roche Fruit
Company and MWR Cold Storage, LLC in the vicinity
between North 1St Avenue and North 3rd Avenue
Grantor: City of Yakima
Grantee: The Public
ABBREVIATED DESCRIPTION:
Legal Descriptions for Vacated Portions of North 1St and North 3rd Avenues:
In Section 13,Township 13 North, Range 18 East WM, that portion of Poplar
Street right -of -way lying East of the East right -of -way line of North Third Avenue
and West of the West right -of -way line of North First Avenue (See attached
Ordinance and Exhibit A' for complete legal description).
PARCEL NUMBERS:
Adjacent Parcel Numbers: 181313-43485, 44433, 44434, 44435, 44436, 44444,
43491 (see attachment #1 for additional details)
Attachment #1
Roche Fruit Right of Way Vacation — RWV #001 -11
Location and Legal Descriptions: The right -of -way involved in this request is the right -of-
way for Poplar Street between North 1St Avenue and North 3`d Avenue. The township and
range for all parcels is T13N, R18E. The right -of -way is 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 1St Avenue and North 3`d
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 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 1St Avenue and North 3`d
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, Washington).
3. The parcel owned by Petitioner MWR Cold Storage, LLC adjacent to the Poplar Street
right -of -way on the south and North 3`d 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).
ORDINANCE NO. 2011 -50
AN ORDINANCE relating to land use; vacating the Poplar Street right -of -way between
North 1St Avenue and North 3`d 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
1St Avenue and North 3`d 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.
Section 2. The findings, conclusions and conditions within the July 28, 2011
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 1St Avenue and North 3rd
Avenue need to be changed from white on blue to black on white.
6. The intersection of North 3rd 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 18th day of October, 2011.
fPKtMA� Micah Cawl , Mayor
ATTEST: i l�ooa,...
City Clerk
Publication Date: October 2
Effective Date: November 20,
Exhibit "A"
Legal Description
That portion of Poplar Street lying 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.
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)
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. 1" Avenue & No. 3rd 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.
B. Summary 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 1St Avenue and North 3rd Avenue.
Roche Fruit Company 1
and MWR Cold Storage, LLC;
Vacation of Poplar Street between
No. 1" Avenue and No. 3rd Avenue;
RWV #01 -11; Petition 911 -04
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 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:
FINDING,
I. Petitioners /Property Owners. The petitioners and property owners are Roche
Fruit Company and MWR Cold Storage, LLC, P.O. Box 27, Yakima, Washington.
II. Location and Legal Descriptions. The right -of -way involved in this
request is the right -of -way for Poplar Street between North 1st Avenue and North 3rd
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 1st Avenue
and North 3`d 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 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 1st Avenue
and North 3`d 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, Washington).
Roche Fruit Company 2
and MWR Cold Storage, LLC;
Vacation of Poplar Street between
No. I" Avenue and No. 3`d Avenue;
RWV #01 -11; Petition #11 -04
(3) The parcel owned by Petitioner MWR Cold Storage, LLC adjacent to the
Poplar Street right -of -way on the south and North 3rd 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).
III. 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 -2011-
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 3 5.79.020 and was given in additional
ways as follows:
Posting of notice on the property: 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
IV. 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 1St Avenue and
North 3rd 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:
Roche Fruit Company 3
and MWR Cold Storage, LLC;
Vacation of Poplar Street between
No. 1St Avenue and No. 3rd Avenue;
RWV #01 -11; Petition #11 -04
(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 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 1St Avenue and
3rd 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 0
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 /deletions to street signage
and pavement marking. The color for street signs for Poplar Street at the corners of
1 St Avenue and 3rd Avenue need to be changed . from white on blue to black on
white. 3rd Avenue and Poplar Street shall be changed to an all -way stop
intersection. 3rd 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.
Roche Fruit Company 4
and MWR Cold Storage, LLC;
Vacation of Poplar Street between
No. 1St Avenue and No. 3rd Avenue;
RWV #01 -11; Petition #11 -04
(5) Water/Irrigation: There is an existing looped 8 -inch waterline in Poplar
Street between North lst 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 corner 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 and
requisites of street right- of:way vacations:
(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 1St Avenue and North 3rd 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 layout 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 1St Avenue. Parcel numbers
181313 -43485 and 43491 would have direct access to North 3rd Avenue. Parcel
Roche Fruit Company 5
and MWR Cold Storage, LLC;
Vacation of Poplar Street between
No. lst Avenue and No. 3rd Avenue;
RWV 1401 -11; Petition #11 -04
number 181313 -44436 would have direct access on North 1St 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 1St Avenue and North 3rd 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 -of-
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 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.
(6) Fair Market Appraisal and Compensation to the City. Compensation
to 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.
Roche Fruit Company 6
and MWR Cold Storage, LLC;
Vacation of Poplar Street between
No. 151 Avenue and No. 3`d Avenue;
RWV #01 -11; Petition #11 -04
CONCLUSIONS
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.
(5) Since Roche Fruit Company owns about 90% of the property abutting
the area to be vacated and its subsidiary 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.
Roche Fruit Company 7
and MWR Cold Storage, LLC;
Vacation of Poplar Street between
No. 1St Avenue and No. 3rd Avenue;
RWV #01 -11; Petition #11 -04
RECOMMENDATION
The Hearing Examiner recommends to the Yakima City Council that the
Poplar Street right -of -way between North 1St Avenue and North 3rd Avenue
described in RWV #0 141 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).
(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 1St Avenue and
North 3rd Avenue need to be changed from white on blue to black on white.
(6) The intersection of North 3rd 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.
DATED this 28th day of July, 2011.
Roche Fruit Company
and MWR Cold Storage, LLC;
Vacation of Poplar Street between
No. 1st Avenue and No. 3rd Avenue;
RWV #01 -11; Petition #11 -04
Gary M. Cuillier, Hearing Examiner
8
•
0
0
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
ITEM NO f 15
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 1St and 3`d 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
PROVAL FOR SUBMITTAL:
Man
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: