HomeMy WebLinkAbout2004-072 ONDS right-of-way vacation ORDINANCE NO. 2004- 72
AN ORDINANCE relating to right -of -way vacation; vacating City of Yakima right -of-
way along certain undeveloped portions of North 31st Avenue,
North 32 Avenue and Hathaway Avenue within the City of
Yakima, Washington.
WHEREAS, the City of Yakima Office of Neighborhood Development Services and
Yakima Valley Partners /Habitat for Humanity (hereafter referred to as the "Applicants ")
have, by Petition No. 04-07 and under City of Yakima Department of Community and
Economic Development ( "DCED ") file UAZO R/W Vac. #2 -04, petitioned for vacation of
City of Yakima right -of -way along certain undeveloped portions of North 31s Avenue,
North 32 Avenue and Hathaway Avenue; and
WHEREAS, the City of Yakima Hearing Examiner, after conducting a public hearing
on August 26, 2004, and after considering the contents of the file and statements of
interested persons at the public hearing, issued his Examiner's Recommendation dated
September 9, 2004, and has recommended approval of the requested right -of -way
vacation; and
WHEREAS, the City Council considered the requested right -of -way vacation and
the Hearing Examiner's Recommendation at its regular public meeting on October 19,
2004; and
WHEREAS, the City Council finds that the considerations of the Hearing Examiner
in response to the requirements and criteria of City policies for right -of -way vacations are
correct and appropriate and that the same should be adopted by the City Council as its
findings herein; and
WHEREAS, no public purpose would be served by retaining the subject right -of-
way and it, is in the best interests of the City and its people to grant the petition, now,
therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. The Yakima City Council adopts and incorporates by reference the
Findings and Conclusions of the Hearing Examiner's Recommendation, Examiner
No. UAZO R/W Vac. #2 -04, issued September 9, 2004. A copy of said Hearing Examiner
Recommendation is attached hereto as Exhibit "A."
Section 2. The City of Yakima vacates its right -of -way interest over the following
real property:
1
PARCEL "A"
THAT PORTION OF THE RIGHT OF WAY FOR NORTH 31ST AVENUE LYING
NORTHERLY OF THE SOUTH LINE OF CASEY'S ADDITION, AND SOUTHERLY
OF A LINE 25.00 FEET SOUTH OF MEASURED AT RIGHT ANGLES TO, THE
CENTERLINE OF HATHAWAY AVENUE, ALL AS SHOWN ON THE PLAT OF
CASEY'S ADDITION AS RECORDED IN VOLUME "S" OF PLATS PAGE 14,
RECORDS OF YAKIMA COUNTY, WASHINGTON.
PARCEL "B"
THE RIGHT OF WAY FOR 32ND AVENUE, AND THAT PORTION OF THE RIGHT
OF WAY FOR HATHAWAY AVENUE LYING WESTERLY OF AN ARC, CONCAVE
TO THE EAST, HAVING A RADIUS OF 40.00 FEET AND A RADIUS POINT
SITUATE 140.00 FEET EAST OF THE WEST LINE OF CASEY'S ADDITION, ALL
AS SHOWN ON THE PLAT OF CASEY'S ADDITION AS RECORDED IN VOLUME
"S" 'OF PLATS PAGE 14, RECORDS OF YAKIMA COUNTY, WASHINGTON.
Section 3. This ordinance shall be in full force and effect 30 days after its
passage, a;pproval, and publication as provided by law and by the City Charter. A certified
copy of this ordinance shall be recorded by the clerk of the City Council in the office of the
Yakima County Auditor.
PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this
16th day of November, 2004.
Paul P. George, Mayor v
ATTEST:
K -w
City Clerk
Publication Date: 11 - 19 - 2004
Effective Date: 12 192004
2
RECEIVED
City of Yakima, Washington SE! 0 9 2004
Hearing Examiner's Recommendation CITY OF YAKIMA
September 9, 2004
In the Matter of a Right -of -Way )
Vacation Petition Submitted by: ) UAZO R/W VAC # 2 -04
City of Yakima Office of )
Neighborhood Development Services )
To Vacate Portions of North 31 Avenue, )
North 32n Avenue & Hathaway Avenue )
Introduction. The Hearing Examiner conducted a public hearing on August 26,
2004, and has issued this Recommendation within ten business days thereof. The staff
report presented by Assistant Planner Jeff Peters recommended approval of the petition.
No testimony or other evidence was presented in opposition to this proposed vacation of
right -of -way for undeveloped portions of three streets.
Summary of Recommendation. The Hearing Examiner recommends approval of this
petition for vacation of right -of -way for undeveloped portions of North 31 Avenue,
North 32 Avenue and Hathaway Avenue.
Basis. for Decision. Based . upon a view of the site without anyone else present on
August 25, 2004; the staff report, exhibits, testimony and evidence presented at an open
record public hearing on August 26, 2004; and a review of the Yakima Urban Area
Comprehensive Plan, the Yakima Urban Area Zoning Ordinance, Chapter 35.79 of the
City of Yakima ONDS 1 DOC,
Right of Way Vacation of Ptn. of
N. 31 N. 32n & Hathaway Ayes. INDEX
UAZO R/W VAC #2 -04 #
i € •
Revised Code of Washington and the local policies relating to street vacations; the
Hearing Examiner makes the following:
FINDINGS
Proponent/Petitioners. The Proponent is the City of Yakima Office of Neighborhood
Development Services and the Petitioners are at least two- thirds of the property owners
fronting on the proposed street right -of -way areas to be vacated.
Location. The location of the proposed vacations are in the 3000 to the 3200 block of
Hathaway Avenue west of North 30 Avenue.
Petition. The petitioners request street right -of -way vacations of a portion. of North 31
Avenue south of Hathaway Avenue, a portion of North 32 Avenue westerly thereof and
a portion of Hathaway Avenue easterly of that portion of North 32 Avenue so that
Hathaway Avenue will be .a cul -de -sac west of North 30 Avenue surrounded by parcels
of property as shown on Thomas F. Upton's Street Vacation Sketch attached to this
Decision. All the street rights -of -way to be vacated are undeveloped property that could
be added to the parcels that would be served by the cul -de -sac on Hathaway Avenue.
Notices. The Yakima City Council set the August 26, 2004 public hearing date for this
petition for vacation of rights -of -way on August 3, 2004 by Resolution R- 2004 -123 in
accordance with RCW 35.79.010. Other notices of this hearing were provided in the
following manner:
Posting of notice on property August 2, 2004
City of Yakima ONDS 2
Right of Way Vacation of Pta. of
N. 31 N. 32 & Hathaway Ayes. DOC
UAZO R/W VAC #2 -04
INDEX
Publishing of hearing notice August 3, 2004
Mailing of hearing notice August 4, 2004
Posting of hearing notice in three public places August 4, 2004
Environmental Review. Street vacations are categorically exempt from SEPA review
in accordance with WAC 197- 11- 800(2)(h) and Chapter 6.88 of the Yakima Municipal
Code.
Zoning and Land Use. The property being vacated is street right -of -way that
technically is not zoned, but the surrounding properties are all zoned Two - Family
Residential (R -2). Adjacent properties have the following characteristics:
Direction Zoning Land Use
North M -1/R -2 Industrial/Single- Family Home
South R -2/R -3 Residential Development
West R -2 Mobile Home Park
East R -2 Residential Development
Development Services Team. The summary of comments : at the Development
Services Team meeting held on August 11, 2004 to discuss the possible impacts of this
vacation petition were:
i) i City Engineer: There are no existing City utilities within the right -of -way areas
proposed for vacation... Parcels with existing street addresses fronting this proposal are
not connected to City utilities. The streets within this proposal are unimproved.
ii) Traffic Engineering: Transportation Concurrency Review will likely be
required upon development.
iii) Water/Irrigation: Two existing one -inch vacant water services are in the area
of the proposed improvements behind an existing curb. City crews will need to relocate
existing meter sets to a location behind the new curb and in the new sidewalk area. The
contractor is required to coordinate the relocation of the meters with the City prior to
City of Yakima ONDS 3
Right of Way Vacation of Ptn. of D O G
N. 30, N. 32 & Hathaway Ayes. INDEX
UAZO R/W VAC #2 -04 #
construction of new. improvements. All work . done by the City is to be done at the
owner /developer's expense based on an estimate provided by the Water Distribution
Supervisor.
Criteria for the Vacation of Street Rights - of - Way. City policy provides the
following specific criteria 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 proposed vacation would allow the development
of Hathaway Avenue west of North 30 Avenue as a cul -de -sac that would serve a new
residential development. The vacated property would allow for larger lots that could be
utilized for residential uses as part of the new development and improve the quality of life
for the residents. Properties to the south and west have been fully developed as mobile
horse parks and other residences in a way that would frustrate the extension of the streets.
2. Necessity for the Right -of -Way as Access to Property. Approval of the
petition would not eliminate the sole means needed to access any parcel of property.
3. Consistency with the Six Year Transportation Improvement Plan, the
Urban Area Comprehensive Plan and other Official City Plans and Policies. The
current Transportation Improvement Plan does not indicate any planned improvements to
these portions of North 31 Avenue, North 32 Avenue or Hathaway Avenue that would
necessitate retention of this right -of -way. The future use of the vacated property would
be required to be consistent with Urban Area Comprehensive Plan and other official City
plans and policies.
4. Consistency with Existing and Anticipated Development in the Area Based
on Zoning, Current Use and Long -Range Plans. Although street rights -of -way are not
zo :aed, upon their vacation they are zoned the same as the contiguous property. In this
City of Yakima ONDS 4
Right of Way Vacation of Ptn. of
N. 31 N. 32n & Hathaway Ayes.
UAZO R/W VAC #2 -04 DOC.
INDEX
case the zoning of contiguous property is Two - Family Residential (R -2). The vacated
property would be used in a manner consistent with the zoning classification and the
current uses in the area. Residential use of the vacated property would be consistent with
long range plans that encourage infill within the City limits.
5. Provisions for Relocation of Existing Utilities or Easements for Existing
Utilities. No utilities are located within the areas proposed for vacation.
6. Fair Market Appraisal and Compensation to the City. Compensation to the
City is not necessary under City Resolution D -5630 because the City has neither
purchased, maintained nor made any improvements to the portions of the street rights -of-
way proposed for vacation, and no planned or anticipated public purpose exists for
maintaining these street rights -of -way.
CONCLUSIONS
1. The Hearing Examiner has jurisdiction and authority by virtue of Subsection
1.43.080(H) of the Yakima Municipal Code to conduct open record public hearings
regarding petitions and resolutions to vacate streets and public rights -of -way and to make
recommendations to the City Council relative thereto.
2. All public notice requirements for a street vacation have been completed.
3. Right -of -way vacations are categorically exempt from SEPA review.
4. A traffic analysis report was . not required for this requested vacation, but may be
required for future development of the property abutting and including the vacated areas.
5. No properties will be denied access to the public street system as a result of this
vacation.
6. This petition for vacation does not conflict with any planned street improvement
projects or other plans or projects of the City of Yakima.
City of Yakima ONDS 5
Right of Way Vacation of Ptn. of
N. 31 N. 32n & Hathaway Ayes. 00 C.
UAZO R/W VAC #2 -04 INDEX
# A-
7. The five criteria governing the approval of right -of -way vacations have all been
satisfied.
3. Fair market compensation to the City is not required in this situation by City
Resolution D -5630.
RECOMMENDATION
The Hearing Examiner recommends that the undeveloped street rights -of -way for the
portions of North 31 Avenue, North 32 Avenue and Hathaway Avenue shown on
the Street Vacation Sketch attached to this Decision and described in the petition
filed under UAZO R/W VAC #2 -04 SHOULD BE VACATED by the City Council of
the City of Yakima.
DATED this 9 day of September., 2004.
tom...
Gary M. Cuillier, Hearing Examiner
City of Yakima ONDS 6
Ri ght of Way Vacation of Ptn. of
N. 31 N. 32 & Hathaway Aves. DOC
UAZO R/W VAC #2 -04
INDEX
# A A '(
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
ITEM NO. "Y-co
FOR MEETING OF: November 16, 2004
ITEM TITLE: Ordinance approving the rezone request by the City of Yakima
Office of Neighborhood Development Services for the partial vacation of North
31 32 and Hathaway venues in the vicinity of 3000 to 3100 Hathaway Ave.
SUBMITTED BY: illiani Cook, Director of Community & Economic
Development
CONTACT PERSON/TELEPHONE: Jeff Peters, Assistant Planner, 575 -6163
SUMMARY EXPLANATION:
On October 19, 2004 the Council conducted a "Closed Record" hearing to
consider the Hearing Examiner's recommendation to approve the request of a
partial street vacation by the City of Yakima Office of Neighborhood Development
Services division vacating portions of N. 31 N. 32 and Hathaway Avenues.
Approval of this vacation will permit the further development of the surrounding
property by Neighborhood Development Services thus better serving the
community. The street vacation is located in the vicinity of 3000 to 3100
Hathaway Ave.
The Council voted to uphold the Hearing Examiner's recommendation to approve
the partial street vacation request.
Resolution Ordinance X Contract Other (Specify)
Funding Source
APPROVAL FOR SUBMITTAL:
Cit Manaser
STAFF RECOMMENDATION: Adopt ordinance.
BOARD RECOMMENDATION: Hearing Examiner recommends approval of the
partial street vacation application.
COUNCIL ACTION: Ordinance passed. ORDINANCE NO. 2004-72