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HomeMy WebLinkAbout2013-033 Procedures for Hearing Petitions for Vacation Rights-of-Way; YMC Amendment 1.43.080 and 14.20.250ORDINANCE NO. 2013 -033 AN ORDINANCE relating to vacation of streets and public rights -of -way; amending Sections 1.43.080 and 14.20.250 of the Yakima Municipal Code regarding procedures applicable to vacation of streets and public rights -of -way. WHEREAS, the City Council has previously adopted ordinances establishing criteria and procedures for vacation of streets and public rights -of -way, including procedures for hearing of petitions and resolutions for such vacations, and vacations of streets and public rights -of -way in conjunction with subdivisions, all as codified at Sections 1.43.080 and 14.20.250 YMC, respectively; and WHEREAS, the City Council finds and determines that such sections should be amended to clarify existing procedures and implement new procedures regarding procedures for the hearing of requested vacations of streets and public rights -of -way; and WHEREAS, the City Council finds and determines that Section 1.43.080 YMC should be amended as shown and set forth in Exhibit "A" attached hereto and by this reference incorporated herein; and that Section 14.20.250 YMC should be amended as shown and set forth in Exhibit "B" attached hereto and by this reference incorporated herein; and that such amendments are in the best interest of residents of the City of Yakima and will promote the general health, safety and welfare; now, therefore BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 1.43.080 of the Yakima Municipal Code is hereby amended to read as set forth in Exhibit "A" attached hereto and incorporated herein. Section 2. Section 14.20.250 of the Yakima Municipal Code is hereby amended to read as set forth in Exhibit "B" attached hereto and incorporated herein. 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 6th day, August, 2013. ATTEST: Micah Cawle , Mayor \�O 1 /1 Gin (' D/7112 A City Clerk, `� f Publication Date: August 9, % /1/V Sk `" Effective Date: September 8, 2 G EXHIBIT "A" (YMC 1.43.080) 1.43.080 Duties and powers. .................................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .................... . ............... . . . . . . . . .................. . . . . . . ................... . . . . . . . . . . . . . . .......... . .................... . . . . .................................................... . ................................................. The examiner shall hear, make a record of, and decide matters provided in this chapter or by other ordinances, including but not limited to, the following land use matters: A. Matters prescribed by the Yakima Urban Area Zoning Ordinance, Title 15, of this code. Decisions of the examiner on such matters shall have the legal effect as set forth in the provisions of said ordinance; B. Review of preliminary plats and modifications thereto using the procedures and provisions for review by the planning commission as set forth in RCW Chapter 58.17 and the city of Yakima subdivision ordinance, Title 14 of this code. The decisions of the examiner on such matters shall constitute recommendations to the city council; C. Preliminary plat extension requests pursuant to RCW 58.17.140 and city of Yakima subdivision ordinance, Title 14 of this code. Decisions of the examiner on such matters shall constitute final decisions unless appealed to the council pursuant to the provisions of this chapter; D. Plat vacations or amendments pursuant to RCW Chapters 58.11, 58.12, or 58.17. Decisions of the examiner on such matters shall constitute final decisions unless appealed to the council under the provisions of this chapter; E. Pedestrian skybridge applications in the manner set forth in Section 11.65.040(F) of the city of Yakima Municipal Code and pedestrian skybridge permit violations as set out in Section 11.65.070 thereof; F. The examiner may conduct hearings required pursuant to RCW Chapter 43.21c, State Environmental Policy Act (SEPA), and Chapter 6.88 of the city of Yakima Municipal Code at the request of the city responsible official charged with responsibility for holding such a hearing; provided, that the substantive SEPA decision and the decision on the associated action shall be made by the responsible official; 2 G. The examiner may, at the request of the city shoreline administrator, receive and examine available information, conduct public hearings and prepare records and reports thereof, and issue recommendations to the council based upon findings and conclusions on applications for shoreline substantial development permits and conditional use permits; H. Conduct public hearings on petitions and resolutions to vacate streets and public rights -of- way pursuant to RCW Chapter 35.79. Decisions of the examiner on such matters shall constitute recommendations to the city council. Upon receipt of the examiner's recommendation, the city council shall consider such recommendation at a regular or special meeting. Consideration of a petition or resolution to vacate streets and public rights -of -way is a legislative function, and the city council may hear and consider (a) the record of the public hearing before the examiner, (b) the recommendation of the examiner, (c) verbal and written reports of staff, including those presented and included in the record before the hearing examiner and those presented to the city council, and (d) verbal and written comments and evidence presented by the petitioner, any opponent of the requested vacation, and any member of the public. Following consideration of all evidence and testimony at the meeting, the city council may adopt or reject the examiner's recommendation, or remand to the examiner for additional public testimony in accordance with the following: (a) If the city council grants the vacation, in whole or in part, it will adopt an ordinance enacting such decision supported by appropriate findings of fact, and stating any conditions of approval, including but not limited to reservation of easements and payment of required compensation. (b) If the city council denies the vacation, it will adopt a resolution supporting such decision with appropriate findings of fact. (c) If the city council desires additional public testimony and /or evidence, it may remand the matter to the examiner with instructions concerning the particular matters or issues for which it desires additional public testimony and evidence. Notice of any examiner hearing shall be given in the manner set forth in RCW 35.79.020 and as may be amended. Such notice shall also contain the following statement: The City Council shall decide whether or not to vacate the street or right -of -way which is the subject of this notice. The hearing examiner conducts a public hearing and makes a recommendation to the City Council. If you wish to be informed of the time, date, and place of the City Council meeting at which the hearing examiner's recommendation will be considered, leave your name and mailing address in writing with the representative of 3 the Department of Community and Economic Development present at the examiner's public hearing. The provisions of this section designating and assigning to the hearing examiner the duties and functions listed above shall supersede any and all conflicting provisions of the municipal code of the city of Yakima. M EXHIBIT "A" (YMC 1.43.080 — Changes shown in legislative format)) 1.43.080 Duties and powers. . . . . . . . ........................................................... . ..................... . ......................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The examiner shall hear, make a record of, and decide matters provided in this chapter or by other ordinances, including but not limited to, the following land use matters: A. Matters prescribed by the Yakima Urban Area Zoning Ordinance, Title 15, of this code. Decisions of the examiner on such matters shall have the legal effect as set forth in the provisions of said ordinance; B. Review of preliminary plats and modifications thereto using the procedures and provisions for review by the planning commission as set forth in RCW Chapter 58.17 and the city of Yakima subdivision ordinance, Title 14 of this code. The decisions of the examiner on such matters shall constitute recommendations to the city council; C. Preliminary plat extension requests pursuant to RCW 58.17.140 and city of Yakima subdivision ordinance, Title 14 of this code. Decisions of the examiner on such matters shall constitute final decisions unless appealed to the council pursuant to the provisions of this chapter; D. Plat vacations or amendments pursuant to RCW Chapters 58.11, 58.12, or 58.17. Decisions of the examiner on such matters shall constitute final decisions unless appealed to the council under the provisions of this chapter; E. Pedestrian skybridge applications in the manner set forth in Section 11.605.040(F) of the city of Yakima Municipal Code and pedestrian skybridge permit violations as set out in Section 11.605.070 thereof; F. The examiner may conduct hearings required pursuant to RCW Chapter 43.21c, State Environmental Policy Act (SEPA), and Chapter 6.88 of the city of Yakima Municipal Code at the request of the city responsible official charged with responsibility for holding such a hearing; provided, that the substantive SEPA decision and the decision on the associated action shall be made by the responsible official; 5 G. The examiner may, at the request of the city shoreline administrator, receive and examine available information, conduct public hearings and prepare records and reports thereof, and issue recommendations to the council based upon findings and conclusions on applications for shoreline substantial development permits and conditional use permits; H. Conduct public hearings on petitions and resolutions to vacate streets and public rights -of- way pursuant to RCW Chapter 35.79. Decisions of the examiner on such matters shall constitute recommendations to the city council;. Upon receipt of the examiner's recommendation, the city council shall held a publis consider such recommendation at a regular or special meeting and affirm r,r rcieGt the examiner's Consideration of a petition or resolution to vacate streets and public rights -of- way is a legislative function, and the city council may hear and consider (a) the record of the public hearing before the examiner, (b) the recommendation of the examiner, (c) verbal and written reports of staff, including those presented and included in the record before the hearing examiner and those presented to the city council, and (d) verbal and written comments and evidence presented by the petitioner, any opponent of the requested vacation, and any member of the public. Following consideration of all evidence and testimony at the meeting, the city council may adopt or reject the examiner's recommendation, or remand to the examiner for additional public testimony in accordance with the following: (a) If the city council grants the vacation, in whole or in part, it will adopt an ordinance enacting such decision supported by appropriate findings of fact, and stating any conditions of approval, including but not limited to reservation of easements and Payment of required compensation. (b) If the city council denies the vacation, it will adopt a resolution supporting such decision with appropriate findings of fact. (c) If the city council desires additional public testimony and /or evidence, it may remand the matter to the examiner with instructions concerning the particular matters or issues for which it desires additional public testimony and evidence. publis testimony. Notice of any examiner hearing; shall be given in the manner set forth in RCW 35.79.020 and as may be amended. Such notice shall also contain the following statement: The City Council shall decide whether or not to vacate the street or right -of -way which is the subject of this notice. The hearing examiner conducts a public hearing and makes R a recommendation to the City Council. If you wish to be informed of the time, date, and place of the City Council meeting at which the hearing examiner's recommendation will be considered, leave your name and mailing address in writing with the representative of the Department of Community and Economic Development present at the examiner's public hearing. The provisions of this section designating and assigning to the hearing examiner the duties and functions listed above shall supersede any and all conflicting provisions of the municipal code of the city of Yakima. 7 EXHIBIT "B" (YMC 14.20.250) 14.20.250 Final ulat— Street vacations. A. The vacation of any street within a final plat filed for record in the office of the Yakima County auditor shall comply with the provisions of RCW Chapter 35.79 and the procedures of YMC 1.43.080(H). B. All petitions for street vacations or resolutions of the city council initiating the same shall be reviewed by the hearing examiner and a recommendation made thereon to the city council prior to council action. C. The abutting property owners of any street, alley, or other public way proposed to be vacated may be required to compensate the city of Yakima for vacated public right -of -way in accordance with the current city council policy on said compensation. H -1 EXHIBIT "B" (YMC 14.20.250 — Changes shown in legislative format) 14.20.250 Final plat— Street vacations. A. The vacation of any street within a final plat filed for record in the office of the Yakima County auditor shall comply with the provisions of RCW Chapter 35.79 and the procedures of YMC 1.43.080(H). B. All petitions for street vacations or resolutions of the city council initiating the same shall be reviewed by the hearing examiner and a recommendation made thereon to the city council prior to council action. C. The abutting property owners of any street, alley, or other public way proposed to be vacated may be required to compensate the city of Yakima for vacated public right -of -way in accordance with the current city council policy on said compensation. E BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 17 For Meeting of: 8/6/2013 ITEM TITLE: Ordinance amending Sections 1.43.080 and 14.20.250 of the Yakima Municipal Code pertaining to procedures for hearing petitions for vacation of rights -of -way. SUBMITTED BY: Mark Kunkler, Senior Assistant City Attorney, 575 -6030 SUMMARY EXPLANATION: The elements governing petitions for vacations of streets and rights -of -way are set forth in state statute. YMC 1.43.080 sets forth the procedures for hearing petitions for vacations of streets and rights -of -way. Standard procedures in such cases allow for one "open record" hearing before the hearing examiner, followed by a "closed record" hearing before the City Council. However, because street vacations are considered to be a "legislative function" of the City Council, this process has served to create some confusion as the public and /or affected parties have sought to present evidence or testimony before the City Council in a "closed record" setting. The proposed Ordinance amends the street vacation procedures in YMC 1.43.080 (and street vacation provisions for long subdivisions in YMC 14.20.250) to allow for an "open record" for City Council consideration of the hearing examiner's recommendations in street vacation proceedings. It also delineates the available courses of action when taking action, such as approving the vacation, denying the vacation, and remanding to the hearing examiner when more public input is found necessary or appropriate. Resolution: Other (Specify): Contract: Start Date: Item Budgeted: NA Funding Source /Fiscal Impact: Strategic Priority: Insurance Required? No Mail to: Phone: Ordinance: X Contract Term: End Date: Amount: Improve the Built Environment APPROVED FOR SUBMITTAL: RECOMMENDATION: Adopt Ordinance. ATTACHMENTS: City Manager Name- Description- F-1 Ordinance - Amend Street ORDINANCE Amend STREET VACATION Hearing Examiner Procedures June 24 2013.cloc Vacation Hearing Examiner Procedures 6-24-2013