HomeMy WebLinkAbout2015-014 Right-of-way Vacation, Vicinity of Tieton Drive Between 5th Avenue and 4th Avenue ORDINANCE NO. 2015 -014
AN ORDINANCE relating to land use; vacating a portion of the south five feet of
Tieton Drive right -of -way between South 4 Avenue and South 5th
Avenue in the City of Yakima, Washington.
WHEREAS, by petition dated October 24, 2014 (Petition #14 -03), Paul
Kaschmitter, on behalf of Community Health of Central Washington, 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, Community Health of Central Washington, 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 January 22, 2015, 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 5, 2015; and
WHEREAS, on February 20, 2015, the Hearing Examiner issued Hearing
Examiner's Recommendation regarding RWV #002 -14, (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, 2015, 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 $2,319.30, 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 portion of the south 5 feet of Tieton Drive right -of -way running
east to west between South 4 Avenue and South 5 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 February 20,
2015 Hearing Examiner's Recommendation (RWV #002 -14) 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 Community Health of Central Washington's satisfaction of the following
conditions, as stated on page 11 of the Hearing Examiner's Recommendation:
1. Any part of the canopy that encroaches over the sidewalk and over the
Tieton Drive right -of -way within the northeastern portion of Parcel Number
181324 -44424 shall either be removed or a City Right -of -Way Use Permit
shall be obtained prior to the effective date of this requested street right -of-
way vacation.
2. Compensation in the amount of $2,319.30 shall be paid to the City prior to
the effective date of this requested street right -of -way vacation.
3. The vacated street right -of -way areas shall become part of the Parcel
Numbers 181324 -44424 and 181324 -44429 respectively and shall be
zoned Light Industrial (M -1).
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.
PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved
this 7 day of April, 2015.
„ `%
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ATTEST: ; t, y �► ► Micah Ca y, Mayor
City Clerk ? > 1�
t t_ • i/
Publication Date: April 10, 2015 (-3 1/ D " - -k) ,,
Effective Date: May 10, 2015
"Exhibit A"
EXISTING LEGAL DESCRIPTION FOR PARCEL NO. 181324 - 44429
Lots 15 and 16, Block 276, Lund's Addition to North Yakima, now Yakima, recorded in Volume
"A" of Plats, Page 103, records of Yakima County, Washington.
LEGAL DESCRIPTION OF TIETON DRIVE RIGHT OF WAY TO BE VACATED FOR
PARCEL NO. 181324 -44429
Beginning at the Northwest corner of Lot 16, Block 276, Lund's Addition to North Yakima, now
Yakima, recorded in Volume "A" of Plats, Page 103, records of Yakima County, Washington;
thence North 71°23'15" East, along the North line of said Lot, 149.97 feet to the centerline of
vacated alley within said block; thence North 18°37'38" West, along said centerline extended, 3.13
feet; thence South 74° 47'02" West 10.72 feet; thence South 70 °56'30" West 139.28 feet to the
West line of said Lot 16 extended; thence South 18 °37'45" East, along said extended line, 2.68
feet to the Point of Beginning.
SUBJECT TO an easement for utilities over, across and through the East 10 feet thereof.
Containing 485 square feet.
EXISTING LEGAL DESCRIPTION FOR PARCEL NO. 181324
Lot 1, Block 276, Lund's Addition to North Yakima, now Yakima, recorded in Volume "A" of
Plats, Page 103, records of Yakima County, Washington.
LEGAL DESCRIPTION OF TIETON DRIVE RIGHT OF WAY TO BE VACATED FOR
PARCEL NO. 181324-44424
Beginning at the Northeast comer of Lot 1, Block 276, Lund's Addition to North Yakima, now
Yakima, recorded in Volume "A" of Plats, Page 103, records of Yakima County, Washington;
thence South 71°23'15" West, along the North line of said Lot, 149.97 feet to the centerline of
vacated alley within said block; thence North 18 °37'38" West, along said centerline extended, 3.13
feet; thence North 74° 47'02" East 18.79 feet; thence North 71°03'10" East 131.22 feet to the East
line of said Lot 1 extended; thence South 18°37'30" East, along said extended line, 2.78 feet to the
Point of Beginning.
SUBJECT TO an easement for utilities over, across and through the West 10 feet thereof.
Containing 362 square feet. • .---- +
RECEIVED ` W ' 00 6.;;N\ r
FEB 0 5 2015 L}
CITY t}F YAKINi,� r °: •
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"Exhibit B"
City of Yakima, Washington
Hearing Examiner's Recommendation
February 20, 2015
In the Matter of an Application /Petition )
for Vacation of Street Right -of -Way )
Submitted by: ) RWV #002 -14
) Petition # 14 -03
Community Health of Central Washington )
)
To Vacate a Portion of the Tieton Drive )
Right -of -Way Between 4 and 5th Avenues )
A. Introduction. Introductory findings relative to the hearing process for this matter
may be summarized as follows:
The Hearing Examiner conducted an open record public hearing for this
(1) g P p g
application/petition commencing on January 22, 2015.
(2) Assistant Planner Robbie Aaron presented the Planning Division staff report
recommending approval of the requested street right -of -way vacation. Supervising
Planner Jeff Peters testified that approval of the requested street right -of -way vacation
would provide an option for the applicant/petitioner to modify or remove the encroaching
canopy on one of the parcels or to otherwise continue to apply for annual Right -of -Way
Use Permits for that parcel.
(3) The petitioner's representatives, Paul Kaschmitter of Community Health of
Central Washington and Joe Baker of PLSA Engineering— Surveying — Planning, testified
in favor of the requested street right -of -way vacation.
Community Health of Central Washington 1
Vacation of Portion of Tieton Drive Right -
Of -Way Between 4` and 5 Avenues
RWV #002 -14; Petition #14 -03
(4) Since the request was to vacate the south five feet of Tieton Drive right -of-
way between 4 and 5th Avenues and since a recommended condition was to exclude the
sidewalk areas from the area to be vacated and to provide a new legal description
accomplishing that result, the hearing was continued for two weeks until February 5,
2015, for the petitioner to submit a new legal description and illustration including only
the portion of the street right -of -way that is south of the sidewalk areas for the record of
this matter. The hearing was continued on the record with notice thereof posted at the
entrance of the hearing room.
(5) At the continued hearing on February 5, 2015, a revised legal description and
illustration dated February 5, 2015, which both included only the portion of the Tieton
Drive street right -of -way south of the sidewalk areas were submitted for the record with
additional testimony from Mr. Aaron, Mr. Kaschmitter and Mr. Baker in favor of the
revised application/petition for vacation of street right -of -way.
(6) No one testified or submitted written comments in opposition to this applica-
tion/petition for vacation of street right -of -way.
(7) This street right -of -way vacation recommendation has been submitted within
ten business days of the conclusion of the hearing on February 5, 2015.
B. Summary of Recommendation. The Hearing Examiner recommends that the
Yakima City Council approve this request to vacate a portion of street right -of -way on
the south side of Tieton Drive between 4th and 5 Avenues, subject to conditions.
C. Basis for Recommendation. Based upon a view of the site without anyone else
present on January 21, 2015; the staff report, exhibits, testimony and evidence presented
at an open record public hearing commencing on January 22, 2015, and concluding on
February 5, 2015; and a review of the Yakima Urban Area Comprehensive Plan, the
Yakima Urban Area Zoning Ordinance, Chapter 35.79 of the Revised Code of
Community Health of Central Washington 2
Vacation of a Portion of Tieton Drive Right-
Of-Way Between 4 and 5 Avenues
RWV #002 -14; Petition #14 -03
•
Washington and the City of Yakima's street right -of -way vacation policies; the Hearing
Examiner makes the following:
FINDINGS
I. Applicant/Petitioner /Property Owner. The applicant/petitioner /property owner
is Community Health of Central Washington (CHCW) and the site address is 501 South
5th Avenue, Yakima, Washington. The CHCW representatives at the hearing for this
matter were Paul Kaschmitter and Joe Baker.
II. Description of Right - of - Way Vacation Request. The main aspects of this street
, right -of -way vacation request may be summarized as follows:
(1) This is a request to vacate street right -of -way along the south side of Tieton
Drive between 4th and 5 Avenues.
! • (2) The parcels adjacent to the subject right -of -way are Assessor's Parcel Number
181324 -44424 located at the corner of 4th Avenue and Tieton Drive and Assessor's Parcel
Number 181324 -44429 located at the corner of 5th Avenue and Tieton Drive. The alley
on the south side of Tieton Drive between 4th and 5 Avenues has previously been
vacated and is currently a public utility easement recorded under Yakima County
Auditor's File No. 2380018.
(3) The applicant/petitioner is the record owner of 100% of the private property
contiguous to the subject right -of -way.
(4) The portion of Tieton Drive right -of -way to be vacated along the north side of
the eastern parcel, Parcel Number 181324-44424, which consists of 362 square feet is
legally described as follows:
Community Health of Central Washington 3
Vacation of a Portion of Tieton Drive Right-
! Of -Way Between 4 and 5 Avenues
RWV #002 -14; Petition 414 -03
•
"Beginning at the Northeast corner of Lot 1, Block 276, Lund's Addition to
North Yakima, now Yakima, recorded in Volume "A" of Plats, Page 103,
records of Yakima County, Washington; thence South 71 °23'15" West,
along the North line of said Lot, 149.97 feet to the centerline of vacated
alley within said block; thence North 18 °37'38" West, along said centerline
extended, 3.13 feet; thence North 74°4T02" East 18.79 feet; thence North
71°03'10" East 131.22 feet to the East line of said Lot 1 extended; thence
South 18 °37'30" East, along said extended line, 2.78 feet to the Point of
Beginning.
SUBJECT TO an easement for utilities over, across and through the West
10 feet thereof."
(5) The portion of Tieton Drive right -of -way to be vacated along the north side of
the western parcel, Parcel Number 181324 - 44429, which consists of 485 square feet is
legally described as follows:
"Beginning at the Northwest corner of Lot 16, Block 276, Lund's Addition
to North Yakima, now Yakima, recorded in Volume "A" of Plats, Page
103, records of Yakima County, Washington; thence North 71°23'15" East,
along the North line of said Lot, 149.97 feet to the centerline of vacated
1 alley within said block; thence North 18 °37'38" West, along said centerline
extended, 3.13 feet; thence South 74 °47'02" West 10.72 feet; thence South
70 °56'30" West 139.28 feet to the West line of said Lot 16 extended; thence
{ South 18 °37'45" East, along said extended line, 2.68 feet to the Point of
I Beginning.
SUBJECT TO an easement for utilities over, across and through the East
10 feet thereof."
(6) City of Yakima records indicate that the subject right -of -way was originally
dedicated to the City by the Plat of Lund's Addition to North Yakima on September 19,
1904. A drive- through canopy was constructed on the northeastern portion of the eastern
ii# parcel, Parcel Number 181324- 44424, for the former Solarity Credit Union use sometime
after 2006 which encroaches over the south 4.13 feet of the Tieton Drive right -of -way
and over the south 1.35 feet of the sidewalk in that location. A building was constructed
on the western parcel, Parcel Number 181324 - 44429, for the former Solarity Credit
Union use in 1980 that encroaches a distance over the Tieton Drive right -of -way which
Community Health of Central Washington 4
Vacation of a Portion of Tieton Drive Right-
Of-Way Between 4 and 5' Avenues
RWV #002 -14; Petition #14 -03
jf
ranges from 3.13 feet at the northeastern corner of that parcel to 2.68 feet at the
northwestern corner of that parcel. The existing sidewalk is adjacent to the building on
that parcel.
(7) The reason behind this request is to dispense with the need to annually apply
for City Right -of -Way Use Permits for both parcels and to help in obtaining financing in
the future. The existing canopy would have to be modified or removed in order to
accomplish that result for the eastern parcel, Parcel Number 181324 - 44424, even if this
street right -of -way vacation request is approved by the City Council. Approval of the
requested street right -of -way vacation would not change the existing use of the street, the
sidewalk, parking areas or adjacent properties.
III. Notices. The Yakima City Council referred this petition for vacation of right -of-
e way to the Hearing Examiner for a recommendation by Resolution No. R- 2014 -141
adopted on December 2, 2014, in accordance with RCW 35.79.010. Notice of the
January 22, 2015, 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:
Publishing of notice in the Yakima Herald - Republic: December 23, 2014
Mailing of notice to the property owners within 300 feet: December 23, 2014
Posting of notice on the property: January 2, 2015
Posting of notice in three public places: January 2, 2015
IV. Hearin Examiner Jurisdiction. T he Yakima Municipal Code provides in Sub -
Q P P
section 1.43.080(H) 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.
Community Health of Central Washington 5
Vacation of a Portion of Tieton Drive Right-
Of-Way Between 4' and 5 Avenues
RWV #002 -14; Petition #14 -03
•
V. Environmental Review. Street vacations are categorically exempt from State
Environmental Policy Act (SEPA) review per WAC 197- 11- 800(2)(i) and Chapter 6.88
of the Yakima Municipal Code.
VI. Traffic Study. The City Traffic Engineer has determined that a traffic study is not
required for this street right -of -way vacation request.
VII. Comprehensive Plan. Street rights -of -way do not have a Comprehensive Plan
designation. Upon approval of street right -of -way vacations, the vacated areas receive
the Comprehensive Plan designation of the adjacent properties. The Yakima Urban Area
Comprehensive Plan designates all of the property adjacent to the area to be vacated as
Industrial.
VIII. Zoning and Land Uses. Zoning for the vacated portion of the Tieton Drive
right -of -way will be Light Industrial (M -1) 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 classification of the property to which it accrues. Properties near the area
to be vacated have the following zoning and land uses:
Direction Zoning Land Use
North GC Offices
South M -1 Construction Equipment Sales
East M -1 Offices
West M -1 Construction Services
Community Health of Central Washington 6
Vacation of a Portion of Tieton Drive Right-
Of-Way Between 4 and 5 Avenues
RWV #002 -14; Petition #14-03
IX. Development Services Team. The Development Services Team met on January
13, 2015. The City Traffic Engineer and Water /Irrigation Engineer recommend that no
part of the existing sidewalk should be vacated.
X. Criteria for the Vacation of Street RiEht- of -Way. The following five criteria
set forth in the City's application form for street right -of -way vacations are 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 proposed vacation are between 4th
and 5th Avenues on the south side of Tieton Drive and consist of an 847 - square -foot strip
of property ranging in width from 2.68 feet to 3.13 feet. The requested vacation of street
} right -of -way would eliminate the encroachment of a building that was built partially on
the right -of -way in 1980 on the westernmost parcel and would allow the applicant/
petitioner to use the property up to the existing sidewalk, either with or without the
existing encroachment of a canopy, on the easternmost parcel. The need for the
applicant/petitioner to obtain an annual City Right -of -Way Use Permit would be
eliminated for at least one of the parcels and future financing would be simplified without
changing the use of the street, sidewalk areas, parking areas or adjacent properties.
(2) Necessity for the Right - of - Way as Access to Property. The right - - way
involved in this request is not needed for access to any property because the
applicant/petitioner owns all the private property abutting the areas in this street vacation
request, and all of that property abuts a public street.
(3) Consistency with the Six Year Transportation Improvement Plan, the
Urban Area Comprehensive Plan and 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 or use of the subject Tieton Drive right -of -way area in the City's
Six Year Transportation Improvement Plan or in any of the City's other plans or policies.
Even though there are plans for improvements to the intersection of Tieton Drive and 5th
Avenue in the City's current Transportation Improvement Plan, the City Engineering
Community Health of Central Washington 7
Vacation of a Portion of Tieton Drive Right-
Of-Way Between 4 and 5 Avenues
RWV #002 -14; Petition #14 -03
•
Department has stated that this proposed street right -of -way vacation would have no
effect on the planned intersection improvements.
(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 eliminate the existing encroachment of existing development on the street right -
of -way without requiring any changes to existing or anticipated development in the area.
(5) Provisions for Relocation of Existing Utilities or Easements for Existing
Utilities. No public or franchised utilities would be affected by the requested street right-
, of -way vacation which is limited to areas south of the existing sidewalk.
XI. Fair Market Appraisal and Compensation to the City. City Resolution R-
2007 -126 does not require a fair market appraisal of the area to be vacated because 110%
of the Yakima County Assessor's assessed value of the square footage to be vacated is
less than $20,000. Since the City has improved and maintained this Tieton Drive right-
of-way following its dedication to the City, compensation in the amount of 55% of the
County Assessor's valuation will be paid by the applicant/petitioner in the total amount
of $2,319.30 which is calculated as follows: $4.95 (value per square foot for Parcel
Number 181324 - 44424) x 362 square feet + $5.00 (value per square foot for Parcel
Number 181324 - 44429) x 485 square feet x .55 = $2,319.30. The applicant/petitioner did
not object to the recommended square footage amounts to be paid to the City.
CONCLUSIONS
Based on the Findings, the Hearing Examiner reaches the following Conclusions:
Community Health of Central Washington 8
Vacation of a Portion of Tieton Drive Right -
Of -Way Between 4 and 5' Avenues
RWV #002 -14; Petition #14 -03
(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 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 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 is not required for the requested street right -of -way vacation.
(5) Since the applicant/petitioner owns all the property abutting the Tieton Drive
right -of -way 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
Plat of Lund's Addition to North Yakima on September 19, 1904.
(7) The Yakima Urban Area Comprehensive Plan designates the areas abutting
the area to be vacated as Industrial.
(8) The Yakima Urban Area Zoning Ordinance classifies the areas abutting the
area to be vacated as Light Industrial (M -1).
(9) 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.
(10) This request for street right -of -way vacation would not conflict with any
planned street improvement projects or other City plans or projects.
(11) The requested street right -of -way vacation would not affect any public or
{ franchised utility lines.
(12) 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.
(13) The recommended amount of compensation to be paid to the City would be a
total of $2,319.30.
Community Health of Central Washington 9
Vacation of a Portion of Tieton Drive Right-
Of -Way Between 4 and 5 Avenues
RWV #002 -14; Petition #14 -03
4
(14) If the Yakima City Council approves the requested right -of -way vacation, the
effect of RCW 35.79.040 in this situation is to make the vacated right -of -way a part of
the two parcels of abutting property on the south owned by the applicant /petitioner since
Tieton Drive right -of -way abuts the area to be vacated on the north.
RECOMMENDATION
The Hearing Examiner recommends to the Yakima City Council that the following
portions of street right -of -way on the south side of Tieton Drive between 4th Avenue and
5th Avenue which are described in RWV #002 -14 and Petition #14 -03 as revised at the
hearing SHOULD BE VACATED:
(a) The portion of Tieton Drive right -of -way along the north side of Parcel
Number 181324 -44424 consisting of 362 square feet which is legally described as
follows:
"Beginning at the Northeast corner of Lot 1, Block 276, Lund's Addition to
North Yakima, now Yakima, recorded in Volume "A" of Plats, Page 103,
records of Yakima County, Washington; thence South 71 °23'15" West,
along the North line of said Lot, 149.97 feet to the centerline of vacated
alley within said block; thence North 18 °37'38" West, along said centerline
extended, 3.13 feet; thence North 74 °47'02" East 18.79 feet; thence North
71°03'10" East 131.22 feet to the East line of said Lot 1 extended; thence
South 18 °37'30" East, along said extended line, 2.78 feet to the Point of
Beginning.
SUBJECT TO an easement for utilities over, across and through the West
10 feet thereof."
(b) The portion of Tieton Drive right -of -way along the north side of Parcel
Number 181324 -44429 consisting of 485 square feet which is legally described as
follows:
Community Health of Central Washington 10
Vacation of a Portion of Tieton Drive Right -
Of -Way Between 4 and 5ih Avenues
RWV #002 -14; Petition #14 -03
}
•
"Beginning at the Northwest corner of Lot 16, Block 276, Lund's Addition
to North Yakima, now Yakima, recorded in Volume "A" of Plats, Page
103, records of Yakima County, Washington; thence North 71 °23'15" East,
along the North line of said Lot, 149.97 feet to the centerline of vacated
alley within said block; thence North 18 °37'38" West, along said centerline
extended, 3.13 feet; thence South 74 °47'02" West 10.72 feet; thence South
70 °56'30" West 139.28 feet to the West line of said Lot 16 extended; thence
South 18 °37'45" East, along said extended line, 2.68 feet to the Point of
Beginning.
SUBJECT TO an easement for utilities over, across and through the East
10 feet thereof."
The described street right -of -way areas SHOULD BE VACATED SUBJECT TO THE
FOLLOWING CONDITIONS:
(1) Any part of the canopy that encroaches over the sidewalk and over the Tieton
Drive right -of -way within the northeastern portion of Parcel Number 181324 -44424 shall
either be removed or a City Right -of -Way Use Permit shall be obtained prior to the
effective date of this requested street right -of -way vacation.
(2) Compensation in the amount of $2,319.30 shall be paid to the City prior to the
effective date of this requested street right -of -way vacation.
(3) The vacated street right -of -way areas shall become part of Parcel Numbers
181324 -44424 and 181324 -44429 respectively and shall be zoned Light Industrial (M -1).
DATED this 20 day of February, 2015.
Gary M. Cuillier, Hearing Examiner
Community Health of Central Washington 11
Vacation of a Portion of Tieton Drive Right -
Of -Way Between 4 and 5 Avenues
RWV #002 -14; Petition #14 -03
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 8.
For Meeting of: April 7, 2015
ITEM TITLE: Open record public hearing and ordinance to consider the Hearing
Examiner's recommendation for a right -of -way vacation of a portion
of Tieton Drive between 5th and 4th Avenue submitted by
Community Health of Central Washington
SUBMITTED BY: Joan Davenport, AICP, Community Development Director
Robbie Aaron, Assistant Planner (509) 576 -6736
SUMMARY EXPLANATION:
Paul Kaschmitter has submitted a petition requesting the vacation of a portion of Tieton Drive. This
section of public right -of -way was dedicated to the City of Yakima by the plat Lunds Addition to North
Yakima, recorded September 19, 1904. The size of the area to be vacated is approximately 847 square
feet. No properties will be denied sole access to the public street system by vacating this right -of -way. The
petitioner in this action is the record owner of' 100% of the privately owned properties contiguous with this
right -of -way vacation petition. See complete recor attached. The complete record is also on file with the
City Clerk's Office, the Planning Division and the City's website.
Resolution: Ordinance: X
Other (Specify):
Contract: Contract Term:
Start Date: End Date:
Item Budgeted: Amount:
Funding Source/Fiscal Impact:
Strategic Priority: Improve the Built Environment
Insurance Required? No
Mail to:
Phone:
APPROVED FOR A 6)a City Manager
SUBMITTAL: ��+�"�
RECOMMENDATION:
Accept the Hearing Examiner's recommendation and adopt the Ordinance.
ATTACHMENTS:
Description Upload Date Type
Memo - Paul Kaschmitter /Community Health of Central 3/30/2015 Cover Memo
Washington
❑ ordinance ROW 4/1/2015 Cover Memo
❑ Ordinance exhibits 4/1/2015 Cover Memo
CI Complete Record - Paul Kaschmitter /Community 3/30/2015 Backup Material
Health of Central WA
� o V Y:1 N �,, COMMUNITY DEVELOPMENT DEPARTMENT
y \ !� Joan Davenport, AICP, Director
1 ,, Planning ivision
y y f •. c 129 North Second Street, 2nd Floor Yakima, Washington 98901
�'1 'ti b i Phone (509) 575 -6183 • Fax (509) 575 -6105
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'‘l„� www.yakimawa.gov /services /planning
Memo
Date: April 7, 2015
To: Yakima City Council
From: Robbie Aaron, Assistant Planner
Subject: Tieton Drive Right -of -way Vacation
Paul Kaschmitter, on behalf of Community Health of Central Washington, has petitioned
for the vacation of a portion of the South 5 feet of Tieton Drive right -of way between
South 4 Avenue and South 5 Avenue that was dedicated to the City of Yakima by the
Plat Lund's Addition to North Yakima on September 19, 1904.
The petitioner herein is the owner of two adjoining parcels. The open record public
hearing on this matter was held before the Hearing Examiner on January 22, 2015 and
concluded on February 5, 2015. There were no objectors to this vacation either orally or
in writing. The examiner closed the hearing and subsequently, on February 20, 2015,
submitted his written recommendation for the approval of this street vacation.
At the time of this hearing city resolution No. R- 2007 -126 provided that, "For any public
street, alley or any portion thereof within the City of Yakima valued at Twenty Thousand
Dollars ($ 20,000) or Less, as determined by considering one hundred ten percent (110
%) of the Yakima County Assessor's valuation of said public street, alley or any portion
thereof within the City of Yakima, that the party seeking vacation chooses not to provide
an independent appraisal for, compensation in the amount of fifty five percent (55 %) of
the Yakima County Assessor's valuation of the public street, alley or any portion thereof
within the City of Yakima at the time of petition for vacation shall be required to be paid
to the City prior to effective vacation, unless one of the exceptions noted in
Subparagraphs 10 or 1D apply.." Such is the case with this vacation request and
compensation in the amount of $2,319.30 has been recommended by both staff and the
Hearing Examiner.
In all matters concerned with this petition staff concurs with the Hearing Examiner's
recommendation and therefore recommends that the Council adopt the accompanying
ordinance based upon the Hearing Examiners' findings and conclusions.
"Exhibit A"
EXISTING LEGAL DESCRIPTION FOR PARCEL NO. 181324 -44429
Lots 15 and 16, Block 276, Lund's Addition to North Yakima, now Yakima, recorded in Volume
"A" of Plats, Page 103, records of Yakima County, Washington.
LEGAL DESCRIPTION OF TIETON DRIVE RIGHT OF WAY TO BE VACATED FOR
PARCEL NO. 181324 -44429
Beginning at the Northwest corner of Lot 16, Block 276, Lund's Addition to North Yakima, now
Yakima, recorded in Volume "A" of Plats, Page 103, records of Yakima County, Washington;
thence North 71°23'15" East, along the North line of said Lot, 149.97 feet to the centerline of
vacated alley within said block; thence North 18 °37'38" West, along said centerline extended, 3.13
feet; thence South 74° 47'02" West 10.72 feet; thence South 70 °56'30" West 139.28 feet to the
West line of said Lot 16 extended; thence South 18 °37'45" East, along said extended line, 2.68
feet to the Point of Beginning.
SUBJECT TO an easement for utilities over, across and through the East 10 feet thereof.
Containing 485 square feet.
EXISTING LEGAL DESCRIPTION FOR PARCEL NO. 181324-44424
Lot 1, Block 276, Lund's Addition to North Yakima, now Yakima, recorded in Volume "A" of
Plats, Page 103, records of Yakima County, Washington.
LEGAL DESCRIPTION OF TIETON DRIVE RIGHT OF WAY TO BE VACATED FOR
PARCEL NO. 181324-44424
Beginning at the Northeast corner of Lot 1, Block 276, Lund's Addition to North Yakima, now
Yakima, recorded in Volume "A" of Plats, Page 103, records of Yakima County, Washington;
thence South 71°23'15" West, along the North line of said Lot, 149.97 feet to the centerline of
vacated alley within said block; thence North 18 °37'38" West, along said centerline extended, 3.13
feet; thence North 74° 47'02" East 18.79 feet; thence North 71°03'10" East 131.22 feet to the East
line of said Lot 1 extended; thence South 18 °37'30" East, along said extended line, 2.78 feet to the
Point of Beginning.
SUBJECT TO an easement for utilities over, across and through the West 10 feet thereof.
Containing 362 square feet. r '` 60
RECEIVED �•
FEB 0 5 2015 ` y
CITY OF YAKIMA ` � _.
PLANNING DIV. �0 33. � `�
DOC• _ _ fi 4 0 0 , u ,�.
INDEX � °N • LAMA 'y��
"Exhibit B"
City of Yakima, Washington
Hearing Examiner's Recommendation
February 20, 2015
In the Matter of an Application /Petition )
for Vacation of Street Right -of -Way )
Submitted by: ) RWV #002 -14
) Petition # 14 -03
Community Health of Central Washington )
)
To Vacate a Portion of the Tieton Drive )
Right -of -Way Between 4 and 5 Avenues )
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
application/petition commencing on January 22, 2015.
(2) Assistant Planner Robbie Aaron presented the Planning Division staff report
recommending approval of the requested street right -of -way vacation. Supervising
Planner Jeff Peters testified that approval of the requested street right -of -way vacation
would provide an option for the applicant/petitioner to modify or remove the encroaching
canopy on one of the parcels or to otherwise continue to apply for annual Right -of -Way
Use Permits for that parcel.
(3) The petitioner's representatives, Paul Kaschmitter of Community Health of
Central Washington and Joe Baker of PLSA Engineering— Surveying — Planning, testified
in favor of the requested street right -of -way vacation.
Community Health of Central Washington 1
Vacation of Portion of Tieton Drive Right -
Of -Way Between 4` and 5` Avenues
RWV #002 -14; Petition #14 -03
(4) Since the request was to vacate the south five feet of Tieton Drive right -of-
way between 4 and 5th Avenues and since a recommended condition was to exclude the
sidewalk areas from the area to be vacated and to provide a new legal description
accomplishing that result, the hearing was continued for two weeks until February 5,
2015, for the petitioner to submit a new legal description and illustration including only
the portion of the street right -of -way that is south of the sidewalk areas for the record of
this matter. The hearing was continued on the record with notice thereof posted at the
entrance of the hearing room.
(5) At the continued hearing on February 5, 2015, a revised legal description and
illustration dated February 5, 2015, which both included only the portion of the Tieton
Drive street right -of -way south of the sidewalk areas were submitted for the record with
additional testimony from Mr. Aaron, Mr. Kaschmitter and Mr. Baker in favor of the
revised application/petition for vacation of street right -of -way.
(6) No one testified or submitted written comments in opposition to this applica-
tion/petition for vacation of street right -of -way.
(7) This street right -of -way vacation recommendation has been submitted within
ten business days of the conclusion of the hearing on February 5, 2015.
B. Summary of Recommendation. The Hearing Examiner recommends that the
Yakima City Council approve this request to vacate a portion of street right -of -way on
the south side of Tieton Drive between 4 and 5 Avenues, subject to conditions.
C. Basis for Recommendation. Based upon a view of the site without anyone else
present on January 21, 2015; the staff report, exhibits, testimony and evidence presented
at an open record public hearing commencing on January 22, 2015, and concluding on
February 5, 2015; and a review of the Yakima Urban Area Comprehensive Plan, the
Yakima Urban Area Zoning Ordinance, Chapter 35.79 of the Revised Code of
Community Health of Central Washington 2
Vacation of a Portion of Tieton Drive Right -
Of -Way Between 4`" and 5 Avenues
RWV #002 -14; Petition #14 -03
Washington and the City of Yakima's street right -of -way vacation policies; the Hearing
Examiner makes the following:
FINDINGS
I. Applicant /Petitioner /Property Owner. The applicant/petitioner /property owner
is Community Health of Central Washington (CHCW) and the site address is 501 South
5 Avenue, Yakima, Washington. The CHCW representatives at the hearing for this
matter were Paul Kaschmitter and Joe Baker.
II. Description of Right - of - Way Vacation Request. The main aspects of this street
right -of -way vacation request may be summarized as follows:
(1) This is a request to vacate street right -of -way along the south side of Tieton
Drive between 4 and 5 Avenues.
(2) The parcels adjacent to the subject right -of -way are Assessor's Parcel Number
181324 -44424 located at the corner of 4 Avenue and Tieton Drive and Assessor's Parcel
Number 181324 -44429 located at the corner of 5 Avenue and Tieton Drive. The alley
on the south side of Tieton Drive between 4 and 5 Avenues has previously been
vacated and is currently a public utility easement recorded under Yakima County
Auditor's File No. 2380018.
(3) The applicant/petitioner is the record owner of 100% of the private property
contiguous to the subject right -of -way.
(4) The portion of Tieton Drive right -of -way to be vacated along the north side of
the eastern parcel, Parcel Number 181324 - 44424, which consists of 362 square feet is
legally described as follows:
Community Health of Central Washington 3
Vacation of a Portion of Tieton Drive Right -
Of -Way Between 4 and 5 Avenues
RWV #002 -14; Petition #14 -03
"Beginning at the Northeast comer of Lot 1, Block 276, Lund's Addition to
North Yakima, now Yakima, recorded in Volume "A" of Plats, Page 103,
records of Yakima County, Washington; thence South 71°23'15" West,
along the North line of said Lot, 149.97 feet to the centerline of vacated
alley within said block; thence North 18 °37'38" West, along said centerline
extended, 3.13 feet; thence North 74 °47'02" East 18.79 feet; thence North
71°03'10" East 131.22 feet to the East line of said Lot 1 extended; thence
South 18 °37'30" East, along said extended line, 2.78 feet to the Point of
Beginning.
SUBJECT TO an easement for utilities over, across and through the West
10 feet thereof."
(5) The portion of Tieton Drive right -of -way to be vacated along the north side of
the western parcel, Parcel Number 181324 - 44429, which consists of 485 square feet is
legally described as follows:
"Beginning at the Northwest corner of Lot 16, Block 276, Lund's Addition
to North Yakima, now Yakima, recorded in Volume "A" of Plats, Page
103, records of Yakima County, Washington; thence North 71°23'15" East,
along the North line of said Lot, 149.97 feet to the centerline of vacated
alley within said block; thence North 18 °37'38" West, along said centerline
extended, 3.13 feet; thence South 74 °47'02" West 10.72 feet; thence South
70 °56'30" West 139.28 feet to the West line of said Lot 16 extended; thence
South 18 °37'45" East, along said extended line, 2.68 feet to the Point of
Beginning.
SUBJECT TO an easement for utilities over, across and through the East
10 feet thereof."
(6) City of Yakima records indicate that the subject right -of -way was originally
dedicated to the City by the Plat of Lund's Addition to North Yakima on September 19,
1904. A drive- through canopy was constructed on the northeastern portion of the eastern
parcel, Parcel Number 181324 - 44424, for the former Solarity Credit Union use sometime
after 2006 which encroaches over the south 4.13 feet of the Tieton Drive right -of -way
and over the south 1.35 feet of the sidewalk in that location. A building was constructed
on the western parcel, Parcel Number 181324 - 44429, for the former Solarity Credit
Union use in 1980 that encroaches a distance over the Tieton Drive right -of -way which
Community Health of Central Washington 4
Vacation of a Portion of Tieton Drive Right -
Of -Way Between 4th and 5,h Avenues
RWV #002 -14; Petition #14 -03
ranges from 3.13 feet at the northeastern corner of that parcel to 2.68 feet at the
northwestern corner of that parcel. The existing sidewalk is adjacent to the building on
that parcel.
(7) The reason behind this request is to dispense with the need to annually apply
for City Right -of -Way Use Permits for both parcels and to help in obtaining financing in
the future. The existing canopy would have to be modified or removed in order to
accomplish that result for the eastern parcel, Parcel Number 181324 - 44424, even if this
street right -of -way vacation request is approved by the City Council. Approval of the
requested street right -of -way vacation would not change the existing use of the street, the
sidewalk, parking areas or adjacent properties.
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- 2014 -141
adopted on December 2, 2014, in accordance with RCW 35.79.010. Notice of the
January 22, 2015, 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:
Publishing of notice in the Yakima Herald - Republic: December 23, 2014
Mailing of notice to the property owners within 300 feet: December 23, 2014
Posting of notice on the property: January 2, 2015
Posting of notice in three public places: January 2, 2015
IV. Hearing Examiner Jurisdiction. The Yakima Municipal Code provides in Sub-
section 1.43.080(H) 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.
Community Health of Central Washington 5
Vacation of a Portion of Tieton Drive Right -
Of -Way Between 4 and 5 Avenues
RWV #002 -14; Petition #14 -03
V. Environmental Review. Street vacations are categorically exempt from State
Environmental Policy Act (SEPA) review per WAC 197- 11- 800(2)(i) and Chapter 6.88
of the Yakima Municipal Code.
VI. Traffic Study. The City Traffic Engineer has determined that a traffic study is not
required for this street right -of -way vacation request.
VII. Comprehensive Plan. Street rights -of -way do not have a Comprehensive Plan
designation. Upon approval of street right -of -way vacations, the vacated areas receive
the Comprehensive Plan designation of the adjacent properties. The Yakima Urban Area
Comprehensive Plan designates all of the property adjacent to the area to be vacated as
Industrial.
VIII. Zoning and Land Uses. Zoning for the vacated portion of the Tieton Drive
right -of -way will be Light Industrial (M -1) 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 classification of the property to which it accrues. Properties near the area
to be vacated have the following zoning and land uses:
Direction Zoning Land Use
North GC Offices
South M -1 Construction Equipment Sales
East M -1 Offices
West M -1 Construction Services
Community Health of Central Washington 6
Vacation of a Portion of Tieton Drive Right -
Of -Way Between 4 and 5 Avenues
RWV #002 -14; Petition #14 -03
IX. Development Services Team. The Development Services Team met on January
13, 2015. The City Traffic Engineer and Water /Irrigation Engineer recommend that no
part of the existing sidewalk should be vacated.
X. Criteria for the Vacation of Street Right -of -Way. The following five criteria
set forth in the City's application form for street right -of -way vacations are 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 proposed vacation are between 4th
and 5 Avenues on the south side of Tieton Drive and consist of an 847 - square -foot strip
of property ranging in width from 2.68 feet to 3.13 feet. The requested vacation of street
right -of -way would eliminate the encroachment of a building that was built partially on
the right -of -way in 1980 on the westernmost parcel and would allow the applicant/
petitioner to use the property up to the existing sidewalk, either with or without the
existing encroachment of a canopy, on the easternmost parcel. The need for the
applicant/petitioner to obtain an annual City Right -of -Way Use Permit would be
eliminated for at least one of the parcels and future financing would be simplified without
changing the use of the street, sidewalk areas, parking areas or adjacent properties.
(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 the
applicant /petitioner owns all the private property abutting the areas in this street vacation
request, and all of that property abuts a public street.
(3) Consistency with the Six Year Transportation Improvement Plan, the
Urban Area Comprehensive Plan and 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 or use of the subject Tieton Drive right -of -way area in the City's
Six Year Transportation Improvement Plan or in any of the City's other plans or policies.
Even though there are plans for improvements to the intersection of Tieton Drive and 5
Avenue in the City's current Transportation Improvement Plan, the City Engineering
Community Health of Central Washington 7
Vacation of a Portion of Tieton Drive Right -
Of -Way Between 4"' and 5 Avenues
RWV #002 -14; Petition #14 -03
Department has stated that this proposed street right -of -way vacation would have no
effect on the planned intersection improvements.
(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 eliminate the existing encroachment of existing development on the street right -
of -way without requiring any changes to existing or anticipated development in the area.
(5) Provisions for Relocation of Existing Utilities or Easements for Existing
Utilities. No public or franchised utilities would be affected by the requested street right -
of -way vacation which is limited to areas south of the existing sidewalk.
XI. Fair Market Appraisal and Compensation to the City. City Resolution R-
2007 -126 does not require a fair market appraisal of the area to be vacated because 110%
of the Yakima County Assessor's assessed value of the square footage to be vacated is
less than $20,000. Since the City has improved and maintained this Tieton Drive right -
of -way following its dedication to the City, compensation in the amount of 55% of the
County Assessor's valuation will be paid by the applicant/petitioner in the total amount
of $2,319.30 which is calculated as follows: $4.95 (value per square foot for Parcel
Number 181324 - 44424) x 362 square feet + $5.00 (value per square foot for Parcel
Number 181324 - 44429) x 485 square feet x .55 — $2,319.30. The applicant/petitioner did
not object to the recommended square footage amounts to be paid to the City.
CONCLUSIONS
Based on the Findings, the Hearing Examiner reaches the following Conclusions:
Community Health of Central Washington 8
Vacation of a Portion of Tieton Drive Right -
Of -Way Between 4 and 5th Avenues
RWV #002 -14; Petition #14 -03
(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 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 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 is not required for the requested street right -of -way vacation.
(5) Since the applicant /petitioner owns all the property abutting the Tieton Drive
right -of -way 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
Plat of Lund's Addition to North Yakima on September 19, 1904.
(7) The Yakima Urban Area Comprehensive Plan designates the areas abutting
the area to be vacated as Industrial.
(8) The Yakima Urban Area Zoning Ordinance classifies the areas abutting the
area to be vacated as Light Industrial (M -1).
(9) 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.
(10) This request for street right -of -way vacation would not conflict with any
planned street improvement projects or other City plans or projects.
(11) The requested street right -of -way vacation would not affect any public or
franchised utility lines.
(12) 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.
(13) The recommended amount of compensation to be paid to the City would be a
total of $2,319.30.
Community Health of Central Washington 9
Vacation of a Portion of Tieton Drive Right -
Of -Way Between 4 and 5 Avenues
RWV #002 -14; Petition #14 -03
(14) If the Yakima City Council approves the requested right -of -way vacation, the
effect of RCW 35.79.040 in this situation is to make the vacated right -of -way a part of
the two parcels of abutting property on the south owned by the applicant /petitioner since
Tieton Drive right -of -way abuts the area to be vacated on the north.
RECOMMENDATION
The Hearing Examiner recommends to the Yakima City Council that the following
portions of street right -of -way on the south side of Tieton Drive between 4th Avenue and
5 Avenue which are described in RWV #002 -14 and Petition #14 -03 as revised at the
hearing SHOULD BE VACATED:
(a) The portion of Tieton Drive right -of -way along the north side of Parcel
Number 181324 -44424 consisting of 362 square feet which is legally described as
follows:
"Beginning at the Northeast corner of Lot 1, Block 276, Lund's Addition to
North Yakima, now Yakima, recorded in Volume "A" of Plats, Page 103,
records of Yakima County, Washington; thence South 71 °23'15" West,
along the North line of said Lot, 149.97 feet to the centerline of vacated
alley within said block; thence North 18 °37'38" West, along said centerline
extended, 3.13 feet; thence North 74 °47'02" East 18.79 feet; thence North
71°03'10" East 131.22 feet to the East line of said Lot 1 extended; thence
South 18 °37'30" East, along said extended line, 2.78 feet to the Point of
Beginning.
SUBJECT TO an easement for utilities over, across and through the West
10 feet thereof."
(b) The portion of Tieton Drive right -of -way along the north side of Parcel
Number 181324 -44429 consisting of 485 square feet which is legally described as
follows:
Community Health of Central Washington 10
Vacation of a Portion of Tieton Drive Right -
Of -Way Between 4 and 5 Avenues
RWV #002 -14; Petition #14 -03
"Beginning at the Northwest corner of Lot 16, Block 276, Lund's Addition
to North Yakima, now Yakima, recorded in Volume "A" of Plats, Page
103, records of Yakima County, Washington; thence North 71 °23'15" East,
along the North line of said Lot, 149.97 feet to the centerline of vacated
alley within said block; thence North 18 °37'38" West, along said centerline
extended, 3.13 feet; thence South 74 °47'02" West 10.72 feet; thence South
70 °56'30" West 139.28 feet to the West line of said Lot 16 extended; thence
South 18 °37'45" East, along said extended line, 2.68 feet to the Point of
Beginning.
SUBJECT TO an easement for utilities over, across and through the East
10 feet thereof."
The described street right -of -way areas SHOULD BE VACATED SUBJECT TO THE
FOLLOWING CONDITIONS:
(1) Any part of the canopy that encroaches over the sidewalk and over the Tieton
Drive right -of -way within the northeastern portion of Parcel Number 181324 -44424 shall
either be removed or a City Right -of -Way Use Permit shall be obtained prior to the
effective date of this requested street right -of -way vacation.
(2) Compensation in the amount of $2,319.30 shall be paid to the City prior to the
effective date of this requested street right -of -way vacation.
(3) The vacated street right -of -way areas shall become part of Parcel Numbers
181324 -44424 and 181324 -44429 respectively and shall be zoned Light Industrial (M -1).
DATED this 20` day of February, 2015.
Gary M. Cuillier, Hearing Examiner
Community Health of Central Washington 11
Vacation of a Portion of Tieton Drive Right -
Of -Way Between 4 and 5` Avenues
RWV #002 -14; Petition #14 -03
PAUL KASCHMITTER/COMMUNITY HEALTH OF CENTRAL
WASHINGTON
RWV #002 -14
City Council
Open Record Public Hearing
April 7, 2015
EXHIBIT LIST
Applicant: Paul Kaschmitter /Community Health of Central Washington
File Number: RWV #002 -14
Site Address: 501 S 5 Avenue
Staff Contact: Robbie Aaron, Assistant Planner
Table of Contents
CHAPTER AA Hearing Examiner's Recommendation
CHAPTER A Staff Report
CHAPTER B Site Plan
CHAPTER C Maps
CHAPTER D DST Review & Agency Comments
CHAPTER E Application
CHAPTER F Public Notices
CHAPTER G Correspondence
PAUL KASCHMITTER/COMMUNITY HEALTH OF
CENTRAL WASHINGTON
RWV #002 -14
EXHIBIT LIST
CHAPTER AA
H.E. Recommendation
DOC ' DOCUMENT DATE
INDEX #
AA -1 Hearing Examiner's Recommendation 02/20/2015
City of Yakima, Washington
Hearing Examiner's Recommendation
February 20, 2015
In the Matter of an Application /Petition )
for Vacation of Street Right -of -Way )
Submitted by: ) RWV #002 -14
) Petition # 14 -03
Community Health of Central Washington )
)
To Vacate a Portion of the Tieton Drive )
Right -of -Way Between 4 th and 5th Avenues )
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
application/petition commencing on January 22, 2015.
(2) Assistant Planner Robbie Aaron presented the Planning Division staff report
recommending approval of the requested street right -of -way vacation. Supervising
Planner Jeff Peters testified that approval of the requested street right -of -way vacation
would provide an option for the applicant /petitioner to modify or remove the encroaching
canopy on one of the parcels or to otherwise continue to apply for annual Right -of -Way
Use Permits for that parcel.
(3) The petitioner's representatives, Paul Kaschmitter of Community Health of
Central Washington and Joe Baker of PLSA Engineering — Surveying — Planning, testified
in favor of the requested street right -of -way vacation.
Community Health of Central Washington 1
Vacation of Portion of Tieton Drive Right -
Of -Way Between 4 th and 5 th Avenues
RWV #002 -14; Petition #14 -03
DOC.
INDEX
(4) Since the request was to vacate the south five feet of Tieton Drive right -of-
way between 4 and 5 Avenues and since a recommended condition was to exclude the
sidewalk areas from the area to be vacated and to provide a new legal description
accomplishing that result, the hearing was continued for two weeks until February 5,
2015, for the petitioner to submit a new legal description and illustration including only
the portion of the street right -of -way that is south of the sidewalk areas for the record of
this matter. The hearing was continued on the record with notice thereof posted at the
entrance of the hearing room.
(5) At the continued hearing on February 5, 2015, a revised legal description and
illustration dated February 5, 2015, which both included only the portion of the Tieton
Drive street right -of -way south of the sidewalk areas were submitted for the record with
additional testimony from Mr. Aaron, Mr. Kaschmitter and Mr. Baker in favor of the
revised application/petition for vacation of street right -of -way.
(6) No one testified or submitted written comments in opposition to this applica-
tion/petition for vacation of street right -of -way.
(7) This street right -of -way vacation recommendation has been submitted within
ten business days of the conclusion of the hearing on February 5, 2015.
B. Summary of Recommendation. The Hearing Examiner recommends that the
Yakima City Council approve this request to vacate a portion of street right -of -way on
the south side of Tieton Drive between 4 and 5 Avenues, subject to conditions.
C. Basis for Recommendation. Based upon a view of the site without anyone else
present on January 21, 2015; the staff report, exhibits, testimony and evidence presented
at an open record public hearing commencing on January 22, 2015, and concluding on
February 5, 2015; and a review of the Yakima Urban Area Comprehensive Plan, the
Yakima Urban Area Zoning Ordinance, Chapter 35.79 of the Revised Code of
Community Health of Central Washington 2
Vacation of a Portion of Tieton Drive Right -
Of -Way Between 4th and 5 Avenues
RWV #002 -14; Petition #14 -03
DOC.
INDEX
# ��-
Washington and the City of Yakima's street right -of -way vacation policies; the Hearing
Examiner makes the following:
FINDINGS
I. Applicant /Petitioner /Property Owner. The applicant /petitioner /property owner
is Community Health of Central Washington (CHCW) and the site address is 501 South
5 Avenue, Yakima, Washington. The CHCW representatives at the hearing for this
matter were Paul Kaschmitter and Joe Baker.
II. Description of Right - of - Way Vacation Request. The main aspects of this street
right -of -way vacation request may be summarized as follows:
(1) This is a request to vacate street right -of -way along the south side of Tieton
Drive between 4 and 5 Avenues.
(2) The parcels adjacent to the subject right -of -way are Assessor's Parcel Number
181324 -44424 located at the corner of 4 Avenue and Tieton Drive and Assessor's Parcel
Number 181324 -44429 located at the corner of 5 Avenue and Tieton Drive. The alley
on the south side of Tieton Drive between 4 and 5 Avenues has previously been
vacated and is currently a public utility easement recorded under Yakima County
Auditor's File No. 2380018.
(3) The applicant /petitioner is the record owner of 100% of the private property
contiguous to the subject right -of -way.
(4) The portion of Tieton Drive right -of -way to be vacated along the north side of
the eastern parcel, Parcel Number 181324 - 44424, which consists of 362 square feet is
legally described as follows:
Community Health of Central Washington 3
Vacation of a Portion of Tieton Drive Right -
Of -Way Between 4 and 5 Avenues
RWV #002 -14; Petition #14 -03
DOE.
INDEX
# AID-\
"Beginning at the Northeast corner of Lot 1, Block 276, Lund's Addition to
North Yakima, now Yakima, recorded in Volume "A" of Plats, Page 103,
records of Yakima County, Washington; thence South 71°23'15" West,
along the North line of said Lot, 149.97 feet to the centerline of vacated
alley within said block; thence North 18 °37'38" West, along said centerline
extended, 3.13 feet; thence North 74 °47'02" East 18.79 feet; thence North
71°03'10" East 131.22 feet to the East line of said Lot 1 extended; thence
South 18 °37'30" East, along said extended line, 2.78 feet to the Point of
Beginning.
SUBJECT TO an easement for utilities over, across and through the West
10 feet thereof."
(5) The portion of Tieton Drive right -of -way to be vacated along the north side of
the western parcel, Parcel Number 181324 - 44429, which consists of 485 square feet is
legally described as follows:
"Beginning at the Northwest corner of Lot 16, Block 276, Lund's Addition
to North Yakima, now Yakima, recorded in Volume "A" of Plats, Page
103, records of Yakima County, Washington; thence North 71°23'15" East,
along the North line of said Lot, 149.97 feet to the centerline of vacated
alley within said block; thence North 18 °37'38" West, along said centerline
extended, 3.13 feet; thence South 74 °47'02" West 10.72 feet; thence South
70 °56'30" West 139.28 feet to the West line of said Lot 16 extended; thence
South 18 °37'45" East, along said extended line, 2.68 feet to the Point of
Beginning.
SUBJECT TO an easement for utilities over, across and through the East
10 feet thereof."
(6) City of Yakima records indicate that the subject right -of -way was originally
dedicated to the City by the Plat of Lund's Addition to North Yakima on September 19,
1904. A drive - through canopy was constructed on the northeastern portion of the eastern
parcel, Parcel Number 181324- 44424, for the former Solarity Credit Union use sometime
after 2006 which encroaches over the south 4.13 feet of the Tieton Drive right -of -way
and over the south 1.35 feet of the sidewalk in that location. A building was constructed
on the western parcel, Parcel Number 181324 - 44429, for the former Solarity Credit
Union use in 1980 that encroaches a distance over the Tieton Drive right -of -way which
Community Health of Central Washington 4
Vacation of a Portion of Tieton Drive Right -
Of -Way Between 4th and 5th Avenues
RWV #002 -14; Petition #14 -03
DOC.
INDEX
# AR-■
ranges from 3.13 feet at the northeastern corner of that parcel to 2.68 feet at the
northwestern corner of that parcel. The existing sidewalk is adjacent to the building on
that parcel.
(7) The reason behind this request is to dispense with the need to annually apply
for City Right -of -Way Use Permits for both parcels and to help in obtaining financing in
the future. The existing canopy would have to be modified or removed in order to
accomplish that result for the eastern parcel, Parcel Number 181324 - 44424, even if this
street right -of -way vacation request is approved by the City Council. Approval of the
requested street right -of -way vacation would not change the existing use of the street, the
sidewalk, parking areas or adjacent properties.
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- 2014 -141
adopted on December 2, 2014, in accordance with RCW 35.79.010. Notice of the
January 22, 2015, 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:
Publishing of notice in the Yakima Herald - Republic: December 23, 2014
Mailing of notice to the property owners within 300 feet: December 23, 2014
Posting of notice on the property: January 2, 2015
Posting of notice in three public places: January 2, 2015
IV. Hearing Examiner Jurisdiction. The Yakima Municipal Code provides in Sub-
section 1.43.080(H) 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.
Community Health of Central Washington 5
Vacation of a Portion of Tieton Drive Right -
Of -Way Between 4 and 5 Avenues
RWV #002 -14; Petition #14 -03
DOC,
INDEX
# AR -1
V. Environmental Review. Street vacations are categorically exempt from State
Environmental Policy Act (SEPA) review per WAC 197- 11- 800(2)(i) and Chapter 6.88
of the Yakima Municipal Code.
VI. Traffic Study. The City Traffic Engineer has determined that a traffic study is not
required for this street right -of -way vacation request.
VII. Comprehensive Plan. Street rights -of -way do not have a Comprehensive Plan
designation. Upon approval of street right -of -way vacations, the vacated areas receive
the Comprehensive Plan designation of the adjacent properties. The Yakima Urban Area
Comprehensive Plan designates all of the property adjacent to the area to be vacated as
Industrial.
VIII. Zoning and Land Uses. Zoning for the vacated portion of the Tieton Drive
right -of -way will be Light Industrial (M -1) 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 classification of the property to which it accrues. Properties near the area
to be vacated have the following zoning and land uses:
Direction Zoning Land Use
North GC Offices
South M -1 Construction Equipment Sales
East M -1 Offices
West M -1 Construction Services
Community Health of Central Washington 6
Vacation of a Portion of Tieton Drive Right -
Of -Way Between 4 and 5 Avenues
RWV #002 -14; Petition #14 -03
DOC.
INDEX
IX. Development Services Team. The Development Services Team met on January
13, 2015. The City Traffic Engineer and Water /Irrigation Engineer recommend that no
part of the existing sidewalk should be vacated.
X. Criteria for the Vacation of Street Right - of - Way. The following five criteria
set forth in the City's application form for street right -of -way vacations are 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 proposed vacation are between 4th
and 5 Avenues on the south side of Tieton Drive and consist of an 847 - square -foot strip
of property ranging in width from 2.68 feet to 3.13 feet. The requested vacation of street
right -of -way would eliminate the encroachment of a building that was built partially on
the right -of -way in 1980 on the westernmost parcel and would allow the applicant/
petitioner to use the property up to the existing sidewalk, either with or without the
existing encroachment of a canopy, on the easternmost parcel. The need for the
applicant /petitioner to obtain an annual City Right -of -Way Use Permit would be
eliminated for at least one of the parcels and future financing would be simplified without
changing the use of the street, sidewalk areas, parking areas or adjacent properties.
(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 the
applicant /petitioner owns all the private property abutting the areas in this street vacation
request, and all of that property abuts a public street.
(3) Consistency with the Six Year Transportation Improvement Plan, the
Urban Area Comprehensive Plan and 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 or use of the subject Tieton Drive right -of -way area in the City's
Six Year Transportation Improvement Plan or in any of the City's other plans or policies.
Even though there are plans for improvements to the intersection of Tieton Drive and 5th
Avenue in the City's current Transportation Improvement Plan, the City Engineering
Community Health of Central Washington 7
Vacation of a Portion of Tieton Drive Right -
Of -Way Between 4` and 5th Avenues
RWV #002 -14; Petition #14 -03
DOC.
INDEX
Department has stated that this proposed street right -of -way vacation would have no
effect on the planned intersection improvements.
(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 eliminate the existing encroachment of existing development on the street right -
of -way without requiring any changes to existing or anticipated development in the area.
(5) Provisions for Relocation of Existing Utilities or Easements for Existing
Utilities. No public or franchised utilities would be affected by the requested street right -
of -way vacation which is limited to areas south of the existing sidewalk.
XI. Fair Market Appraisal and Compensation to the City. City Resolution R-
2007 -126 does not require a fair market appraisal of the area to be vacated because 110%
of the Yakima County Assessor's assessed value of the square footage to be vacated is
less than $20,000. Since the City has improved and maintained this Tieton Drive right -
of -way following its dedication to the City, compensation in the amount of 55% of the
County Assessor's valuation will be paid by the applicant /petitioner in the total amount
of $2,319.30 which is calculated as follows: $4.95 (value per square foot for Parcel
Number 181324 - 44424) x 362 square feet + $5.00 (value per square foot for Parcel
Number 181324 - 44429) x 485 square feet x .55 = $2,319.30. The applicant /petitioner did
not object to the recommended square footage amounts to be paid to the City.
CONCLUSIONS
Based on the Findings, the Hearing Examiner reaches the following Conclusions:
Community Health of Central Washington 8
Vacation of a Portion of Tieton Drive Right -
Of -Way Between 4` and 5 Avenues
RWV #002 -14; Petition #14 -03
DOC.
INDEX
# A-R -1
(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 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 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 is not required for the requested street right -of -way vacation.
(5) Since the applicant /petitioner owns all the property abutting the Tieton Drive
right -of -way 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
Plat of Lund's Addition to North Yakima on September 19, 1904.
(7) The Yakima Urban Area Comprehensive Plan designates the areas abutting
the area to be vacated as Industrial.
(8) The Yakima Urban Area Zoning Ordinance classifies the areas abutting the
area to be vacated as Light Industrial (M -1).
(9) 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.
(10) This request for street right -of -way vacation would not conflict with any
planned street improvement projects or other City plans or projects.
(11) The requested street right -of -way vacation would not affect any public or
franchised utility lines.
(12) 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.
(13) The recommended amount of compensation to be paid to the City would be a
total of $2,319.30.
Community Health of Central Washington 9
Vacation of a Portion of Tieton Drive Right -
Of -Way Between 4` and 5th Avenues
RWV #002 -14; Petition #14 -03
DOC.
INDEX
#--- 1
(14) If the Yakima City Council approves the requested right -of -way vacation, the
effect of RCW 35.79.040 in this situation is to make the vacated right -of -way a part of
the two parcels of abutting property on the south owned by the applicant /petitioner since
Tieton Drive right -of -way abuts the area to be vacated on the north.
RECOMMENDATION
The Hearing Examiner recommends to the Yakima City Council that the following
portions of street right -of -way on the south side of Tieton Drive between 4 Avenue and
5 Avenue which are described in RWV #002 -14 and Petition #14 -03 as revised at the
hearing SHOULD BE VACATED:
(a) The portion of Tieton Drive right -of -way along the north side of Parcel
Number 181324 -44424 consisting of 362 square feet which is legally described as
follows:
"Beginning at the Northeast corner of Lot 1, Block 276, Lund's Addition to
North Yakima, now Yakima, recorded in Volume "A" of Plats, Page 103,
records of Yakima County, Washington; thence South 71 °23'15" West,
along the North line of said Lot, 149.97 feet to the centerline of vacated
alley within said block; thence North 18 °37'38" West, along said centerline
extended, 3.13 feet; thence North 74 °47'02" East 18.79 feet; thence North
71°03'10" East 131.22 feet to the East line of said Lot 1 extended; thence
South 18 °37'30" East, along said extended line, 2.78 feet to the Point of
Beginning.
SUBJECT TO an easement for utilities over, across and through the West
10 feet thereof."
(b) The portion of Tieton Drive right -of -way along the north side of Parcel
Number 181324 -44429 consisting of 485 square feet which is legally described as
follows:
Community Health of Central Washington 10
Vacation of a Portion of Tieton Drive Right -
Of -Way Between 4th and 5` Avenues
RWV #002 -14; Petition #14 -03
DOC,
INDEX
"Beginning at the Northwest corner of Lot 16, Block 276, Lund's Addition
to North Yakima, now Yakima, recorded in Volume "A" of Plats, Page
103, records of Yakima County, Washington; thence North 71°23'15" East,
along the North line of said Lot, 149.97 feet to the centerline of vacated
alley within said block; thence North 18 °37'38" West, along said centerline
extended, 3.13 feet; thence South 74 °47'02" West 10.72 feet; thence South
70 °56'30" West 139.28 feet to the West line of said Lot 16 extended; thence
South 18 °37'45" East, along said extended line, 2.68 feet to the Point of
Beginning.
SUBJECT TO an easement for utilities over, across and through the East
10 feet thereof."
The described street right -of -way areas SHOULD BE VACATED SUBJECT TO THE
FOLLOWING CONDITIONS:
(1) Any part of the canopy that encroaches over the sidewalk and over the Tieton
Drive right -of -way within the northeastern portion of Parcel Number 181324 -44424 shall
either be removed or a City Right -of -Way Use Permit shall be obtained prior to the
effective date of this requested street right -of -way vacation.
(2) Compensation in the amount of $2,319.30 shall be paid to the City prior to the
effective date of this requested street right -of -way vacation.
(3) The vacated street right -of -way areas shall become part of Parcel Numbers
181324 -44424 and 181324 -44429 respectively and shall be zoned Light Industrial (M -1).
DATED this 20 day of February, 2015.
Gary M. Cuillier, Hearing Examiner
Community Health of Central Washington 11
Vacation of a Portion of Tieton Drive Right -
Of -Way Between 4th and 5 Avenues
RWV #002 -14; Petition #14 -03
DOC.
INDEX
# 00-1
PAUL KASCHMITTER/COMMUNITY HEALTH OF
CENTRAL WASHINGTON
RWV #002 -14
EXHIBIT LIST
CHAPTER A
Staff Report
DOC DOCUMENT DATE
INDEX # ,
A -1 Staff Report 01/22/2015
1 ' COMMUNITY,. VELOPMENT DEPARTMENT
Planning Division
^� 129 North Second Street, 2nd Floor Yakima, Washington 98901
r� Phone (509) 575 -6183 • Fax (509) 575 -6105
,� < _ askplanning@yakimawa.gov • htlp: / /www.yakimawa.gov /services /planning/
1 ' Z
CITY OF YAKIMA
FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATION
for
PETITION FOR RIGHT -OF -WAY VACATION
Application Number: RVW #002 -14
PETITIONER: Paul Kaschmitter, on behalf of Community Health of
Central Washington
REQUEST: Proposed public right -of -way vacation of 298.97 lineal
feet of the south 5 feet of Tieton Drive between 5th
Avenue and 4th Avenue.
PROJECT LOCATION: 501 South 5th Ave.
PARCEL NUMBER(S): Adjacent Parcels: 18132444424 & 18132444429
DATE OF REQUEST: October 24, 2014
DATE OF HEARING: January 22, 2015
STAFF CONTACT: Robbie Aaron, Assistant Planner
SUMMARY OF RECOMMENDATION: The City of Yakima Planning Division
recommends approval of this vacation request subject to conditions.
From the view of the site, the matters contained in the application, Development Services
Team comments, and a review of the Yakima Urban Area Comprehensive Plan, the
Yakima Urban Area Zoning Ordinance, and RCW 35.79 staff makes the following:
FINDINGS
BACKGROUND
On October 24, 2014 the City of Yakima Department of Community Development
received a petition from Paul Kaschmitter, on behalf of Community Health of Central
Washington, for the vacation of a portion of platted right -of -way. The proponent has
requested this vacation in order to help in obtaining financing for future plans. The 5 -foot
wide strip of right -of -way currently is partially sidewalk and another portion consists of the
exterior walls of an existing building that houses Community Health of Central
Washington, as well as, a canopy structure that covers a drive thru area.
DOC.
INDEX
# A
There are no future plans for development of the subject right -of -way. The City of
Yakima's records indicate that the subject right -of -way was originally dedicated to the City
of Yakima by the Plat of Lunds Addition to North Yakima on September 19, 1904.
The building was constructed in 1980 and encroached upon the right -of -way. The
previous owner of the property chose to remedy the existing situation by applying for a
Right -of -Way Use permit on an annual basis. As the new property owners, Community
Health of Central Washington has chosen to apply for this Right -of -Way Vacation in order
to permanently remedy the situation.
Hearing Examiner Authority: The Hearing Examiner has jurisdiction to conduct public
hearings on petitions and resolutions to vacate streets and public right -of -way pursuant
to RCW Ch. 35.79. Decisions of the examiner on such matters shall constitute a
recommendation to the City Council (YMC Ch. 1.43.080(H)).
Urban Area Zoning Ordinance: Technically, street rights -of -way are not designated
with an underlying zoning district. However, upon vacation they become zoned the same
as the properties to which they are immediately contiguous. In this case, the contiguous
zoning is Light Industrial (M -1). The entire portion of Tieton Drive to be vacated, will be
zoned M -1 upon vacation.
Urban Area Comprehensive Plan: Street rights -of -way do not contain an underlying
comprehensive plan designation. Upon vacation they will obtain the same comprehensive
plan designation as the properties to which they are immediately contiguous. The subject
portions of right -of -way, once vacated, will have a Future Land Use Designation of
Industrial.
Revised Code of Washington (RCW) 35.79: This chapter of state law stipulates the
state's requirements for the process of vacating street right -of -way. All requirements of
this chapter that can be accomplished prior to the public hearing have been fulfilled. State
law provides that the property within the limits to be vacated shall belong to the owners
of the lots abutting each side of the vacated area, one -half to the owners on each side of
the vacated area. (RCW § 35.79.040)
ZONING AND LAND USE
The property being vacated is considered public right -of -way and surrounding properties
have the following characteristics.
Direction Zoning Land Use
North GC Offices
South M -1 Construction Equipment Sales
East M -1 Offices
West M -1 Construction Services
DOC.
Paul Kaschmitter / CHC W INDEX
DEX
RVW #002 -14 2 # /1 _ I
DEVELOPMENT SERVICE TEAM REVIEW
On January 13, 2015, a Development Service Team meeting was held to discuss the
possible impacts of this vacation. The following comments were received from public
agencies and private companies with an interest in the development herein being
reviewed:
Traffic Engineer: No part of the existing sidewalk shall be vacated.
PUBLIC USE OF THE RIGHT -OF -WAY
The subject portion of Tieton Drive to be vacated is partially sidewalk and another portion
consists of the exterior walls of an existing building that houses Community Health of
Central Washington, as well as, a canopy structure that covers a drive thru area.
CRITERIA FOR VACATION OF RIGHT -OF -WAY
City policy provides specific guidelines for right -of -way vacations. These guidelines
include five criteria that must be met in the granting of vacation petitions. They are as
follows:
1) The petition must explain the public benefit of the project, the reasoning of the
proposed vacation and the limits of the vacation.
Petitioner Response: At this time there are structures that encroach within the existing
right -of -way. On parcel No. 181324 -44429 an existing building, which has existed for a
minimum of 30 years, encroaches into the right -of -way of Tieton Drive the entire length
of the parcel except for where the alley was originally located. On parcel No. 181324-
44424 there is an existing canopy encroaching into Tieton Drive at the northeast corner
of the parcel which was constructed after 2006. Vacating the right -of -way will not change
the usage of the existing land or change any parking or street usage. We are asking for
a minimum width of right -of -way to be vacated, five feet in width, so that after the right -of-
way is vacated then no structures will encroach into the city's right -of -way. This will help
in obtaining financing in the future.
Staff Response: Vacating the right -of -way is in the best interest of the public and will not
change how the land is currently used.
2) The vacation of right -of -way does not deny sole access to any property.
Petitioner Response: No, the vacation will not deny any parcel direct access onto Tieton
Drive.
Staff Response: It has been determined that no sole access will be prohibited due to this
right -of -way vacation.
3) Petitions should be consistent with the Six -Year Transportation Improvement
Plan, Urban Area Comprehensive Plan and other official city plans and policies
Petitioner Response: Yes, the vacation is consistent with all City of Yakima six year plans
in the area.
DOC.
Paul Kaschmitter / CHCW INDEX
RVW #002 -14 3 #
Staff Response: The current Transportation Improvement Plan (TIP) indicates planned
improvements to the intersection of Tieton Drive and 5th Avenue. However, the City of
Yakima Engineering Department has stated that this vacation will have no effect on the
improvements to the intersection.
4) Vacation requests should be appropriate with existing and anticipated
development in the area, based on zoning, current use and long range plans.
Petitioner Response: Yes, the vacation is appropriate with existing zoning and land use
plans. It will not change the existing usage of the land and will not cause any needed
changes in future land use.
Staff Response: There is no anticipated development that would be adversely affected by
this vacation.
5) Existing utilities (public and franchised) should be relocated at the developer's
expense or an adequate easement provided. Where appropriate, if existing utilities
are deemed unnecessary, this requirement may be waived.
Applicant Response: Yes, there are public and franchised utilities within a portion of the
proposed vacated right -of —way, but none of them will be required to be relocated because
of the right -of -way being vacated.
Staff Response: No utilities will be affected by this right -of -way vacation.
FAIR MARKET APPRAISAL AND COMPENSATION TO THE CITY
City Resolution #R- 2007 -126 specifies the requirements under which compensation must
be paid to the City for vacation of public streets and alleys. A fair market appraisal is not
required since 110% of the Yakima County Assessor's valuation is Tess than $20,000.
Frontage improvements, such as sidewalks, are located within the 5 feet of right -of -way
proposed to be vacated, also present are underground utilities. The improvements and
utilities extend beyond the subject site, and are connected to the greater street and utility
network. The City is responsible for the maintenance of these improvements and utilities.
Therefore, compensation shall be due in the form of 55% of the Yakima County
Assessor's valuation, or $$2,583.43. This valuation was determined by the following
calculation:
(($5.00 (value per sq. ft. for parcel no. 18132444429) x 487sq. ft.) +
($4.95 (value per sq. ft. for parcel no. 18132444424) x 457sq. ft.)) x (.55) = $2583.43
TRAFFIC STUDY
The City of Yakima Traffic Engineer has determined that a traffic study is not required for
this right -of -way vacation.
ENVIRONMENTAL REVIEW
Street vacations are categorically exempt from SEPA review (WAC 197- 11- 800(2)(h) and
YMC Ch. 6.88).
DOCS
Paul Kaschmitter /CHCW INDEX
RVW #002 -14 4 # 1
PUBLIC NOTICE
The Yakima City Council set the date of this public hearing for street vacation on
December 2, 2014, by resolution #R- 2014 -141; in accordance with RCW 35.79.010.
Other notices of this hearing were provided for in the following manner:
Posting of property January 2, 2015
Legal ad published December 23, 2014
Adjoining property owner notices mailed December 23, 2014
Posting in three public places January 2, 2015
CONCLUSION
1. Petition signatures for this vacation were obtained from the necessary two thirds of
the property owners fronting this vacation.
2. The subject rights -of -way were dedicated to the City of Yakima by the Plat Lunds
Addition to North Yakima, recorded September 19, 1904.
3. If this request is approved, the vacated rights -of -way will be zoned M -1.
4. No properties will be denied sole access to the public street system by vacating these
rights -of -way. All abutting parcels will have frontage on a public street.
5. The petition for vacation of these public rights -of -way does not conflict with any
planned street improvement projects or other plans or projects of the City of Yakima.
6. The intended use of the property, once vacated, will benefit the general public due to
the fact that this will eliminate an encroachment issue that requires a Right -of -Way
Use permit.
7. A traffic analysis for this proposal was not required.
8. All necessary requirements for street vacations in RCW 35.79 are met.
9. Compensation to the City is required for this right -of -way vacation in the amount of
$2,583.43, in accordance with resolution #R- 2014 -141.
10. No letters were received in opposition to this proposal.
DOC.
Paul Kaschmitter / CHCW INDEX
RVW #002 -14 5 # A- I
RECOMMENDATION
The Planning Division recommends that the petition for the vacation of two portions of
platted rights -of -way adjacent to land owned by Community Health of Central Washington
be approved, subject to the following conditions:
1. Only the portion of the proposed right -of -way vacation that does not include sidewalks
shall be vacated and new legal description and survey shall be provided.
2. Any part of the building that overhangs the sidewalk shall either be removed or a right -
of -way use permit shall be obtained prior to right -of -way being vacated.
3. Compensation, in the amount of $2,583.43, shall be paid to the City prior to the
effective date of vacation.
4. The vacated right -of -way shall be zoned Light Industrial (M -1).
DOC.
Paul Kaschmitter / CHC W INDEX
RVW #002 -14 6 # A -
PAUL KASCHMITTER/COMMUNITY HEALTH OF
CENTRAL WASHINGTON
RWV #002 -14
EXHIBIT LIST
CHAPTER B
Site Plans
DOC DOCUMENT DATE
INDEX #
B -1 Site Plan Checklist 10/24/2014
B -2 Site Plan 10/24/2014
t N,Iri >ite S
DENOTES RIGHT OF WAY TO BE VACATED ,
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ENGINEERING-SURVEYING-PLANNING
4�'� 1120 WST LINCOLN y Y AKIMAE WASHINGTON AV 98902
�i rI
(509) 575 -6990
SITE MAP DRAWN BY: JOE
� PARCEL NO.'S 181324 - 44424 & 44429 DATE: 2/5/2015
"-'
40 0 40 FEET 1. — PREPARED FOR— JOB NO. 14238
_._m_._m_m `i COMMUNITY HEALTH OF CENTRAL WASHINGTON SHEET NO.
SCALE: 1" = 40' „ SE 1/4, SE 1/4, SEC. 24, T -13 N, R -18 Ewe. or 1
INDEX
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ENGINEERING— SURVEYING— PLANNING
PLSA AVENUE
YAKIMA, WASHINGTON989 2
' �"�r.
'\ DENOTES RIGHT OF WAY TO BE VACATED (509) 575 -6990
RIGHT OF WAY VACATION EXHIBIT DRAWN BY: JOE
PARCEL NO'S. 181324 — 44424 & 44429 DAB 2/4/2015
®® • _� — PREPARED FOR— JOB NO. 14238
INDEX 11. C01 41111"Y IBM OF CENTRAL wasHrGTON SHEET NO.
.1?'''' V--+ " SE 1/4, SE 1/4, SEC. 24, T -13 N, R -18 E,WM 1 OF 1
Iituri v cv
OCT 24 2014
CITY OF YAKIMA
PLANNING DIV.
SITE PLAN CHECKLIST & INSTRUCTIONS
In Order For Application To Be Determined Complete, A Site Plan Must Be Completed And Returned.
A Detailed Site Plan Is Required: On August 8, 1996, the City Council passed a resolution (No. R- 96 -91) adopting a
requirement that all site plans submitted in conjunction with my building permit application, land use application,
and environmental application shall contain certain information and be approved by the appropriate Division
Manager. All information that is applicable to your proposal shall be checked off and clearly displayed on the site
plan. It is in the applicant's best interest to provide a carefully drawn and scaled site plan with all required
information. The decision on whether or not to grant approval of your development proposal is largely based on the
information you provide. An application cannot be processed until an adequate site plan is submitted.
Please complete this checklist and include it with your site plan. The site plan must contain all pertinent information.
Items not applicable to the proposed project shall be noted.
1) Use Ink: Use blue or black permanent ink. It may be helpful to draft the site plan in pencil then trace over in ink.
I Ink is necessary for adequate duplication.
2) Use A Straight Edge: All lines must be straight and done with the aid of a ruler or other straight edge. Use a
compass when delineating circular drawings such as cul -de -sacs. Computer drafted site plans are acceptable.
3) Draw To Scale: Site plans shall be drawn to scale. The site plan template has a suggested map scale of one inch
equaling twenty feet (1 " =20'). Distances on the map must be as representative of reality as possible. For
example, if the distance from a structure to a property line is 20 feet, the distance on the site plan will be 1 inch.
4) Use Site Plan Checklist: Use the site plan checklist and provide all applicable information on the site plan.
5) Fill In Information On The Site Plan Template Available At The City Of Yakima Or Attach The Information
Below To Your Site Plan: Complete all information requested on the bottom of the site plan template. If you use
a different medium, provide the requested information on the alternative paper.
Note: You may benefit from the aid of a professional in the preparation of a site plan. Check all
boxesl►s: Ni Included or - Not Applicable
tq The site plan shall be legibly drawn in ink on paper of sufficient size to contain the required information, but
Y not less than 8.5" X 11" for Class (1)projects and 11" X 17" for Class (2) and Class (3) projects.
•
F All site plans shall be drawn to a standard engineering scale and indicated on the site plan. The scale selected
shall best fit the paper. Planning staff recommends l " =20'.
r Site address, parcel number(s) and zoning designation of subject property,
-
Property boundaries and dimensions.
17 Names and dimensions of all existing streets bounding the site.
Dimensions, location, & use of proposed & existing structures (include loading docks) with structure setbacks.
r( Structure setbacks
✓ Lot coverage with calculations.
_-" Location and size of any easements.
F Location and type of existing and proposed landscaping including landscaping within the public right -of -way.
_T- Location and size of existing and proposed side sewer and water service lines.
✓ Adjacent land uses and zoning designations.
Location and size of all parking spaces.
✓ Location and dimensions of proposed or existing driveway approaches.
r Vision clearance triangles at street intersections and where driveways and curb cuts intersect with streets.
SEE 15.05.040 — Vision Clearance attached with Sample Site Plan
✓ Location and size of proposed or existing signs.
✓ Location and size of required site drainage facilities including on -site retention.
✓ Location, type, and description of required sitescreening.
` r Location and size of existing or proposed public sidewalks that are within 200 -feet of the subject property.
j Proposed improvements located within the public right -of -way.
✓ Name, address, phone number, and signature of the owner or person responsible for the property.
Note: Planning Division or reviewing official may require additional information to clarify the proposal, assess its impacts, or determine compliance with the YMC and
other laws and regulations. ^^
DoC.
tpt
Revised 07/2014 # ...)2:-. Page 1 5
PAUL KASCHMITTER/COMMUNITY HEALTH OF
CENTRAL WASHINGTON
RWV #002 -14
EXHIBIT LIST
CHAPTER C
Maps
DOC DOCUMENT DATE
INDEX #
C -1 Maps: Vicinity, Zoning, Future Land Use, Utilities, Aerial 10/27/2014
Project Vicinity Map= N l
RWV#002
� ; • • � ::
at Related Projects: X 4 \ 4 ,. 6.. • s
Applicant: COMMUNITY HEALTH OF CENTRAL WASHINGTON �I , ' •., ..... ,, •' •�, z.
Location: 501 S 5TH AVE + l ik \"
Monday - 10/27/2014 - 09:28:02 ��
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Contact City of Yakima Planning Division at 509 - 575 -6183
City of Yakima - Geographic Information Sevices
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and the GIS User Community
Proposal: Proposed public right -of -way vacation of the south 5 feet of Tieton Drive between 5th Avenue and 4th Ave
Ion
INDEX
# C -I
Map Disclaimer: Information shown on this map is for planning and illustration purposes only. The City of Yakima assumes no liability for any errors,
omissions, or inaccuracies in the information provided or for any action taken, or action not taken by the user in reliance upon any maps or
information provided herein.
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Sources: Esri, DeLorme, NAVTEQ, TomTom, Intermap, increment P Corp.,
GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL,
Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo,
1:2,000 and the GIS User Community
RWV #002 -14 Related Projects:
Applicant: COMMUNITY HEALTH OF CENTRAL WASHINGTON
Location: 501 S 5TH AVE
Proposal: Proposed public right -of -way vacation of the south 5 feet of Tieton Drive between 5th Avenue and 4th Avenue.
Parcel List: 18132444424, 18132444429
DOC.
INDEX
! * ��•�;ProjectParcels s
s" 1 I
s
Vicinity Map y g
Contact Cit of Yakima Plannin Division at 509 - 575 -6183
f ir r
- 2, 7 Monday - 10/27/2014 - 09:28:04 City of Yakima - Geographic Information Services
"' " . Map Disclaimer: Information shown on this map is for planning and illustration purposes only. The City of Yakima assumes no liability
•• for any errors, omissions, or inaccuracies in the information provided or for any action taken, or action not taken by the user in
reliance upon any maps or information provided herein.
1'
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Sources: Esri, DeLorme, NAVTEQ, TomTom, Intermap, increment P.Corp.,
GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL,
Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, •
tj- i and the GIS User Community
RWV #002 -1 Related Projects:
Applicant: COMMUNITY HEALTH OF CENTRAL WASHINGTON
Location: 501 S 5TH AVE
Proposal: Proposed public right -of -way vacation of the south 5 feet of Tieton Drive between 5th Avenue and 4th Avenue.
Parcel List: 18132444424, 18132444429
Low Density Residential Professional Office - Large Convenience Center
Medium Density Residential Regional Commercial Arterial Commercial DOC.
High Density Residential _ Neighborhood Commercial ■ CBD Core Commercial INDEX
Industrial # ,/
• 5;,1 f' • • Project Parcels 1
• Future Land Use Map Contact City of Yakima Planning Division at 509 - 575 -6183
� Monday - 10/27/2014 - 09:28:04 City of Yakima - Geographic Information Services
Map Disclaimer: Information shown on m is y. of
for any errors, omissions, or inaccuracies this in ap the information for planning provided and illustration or for any purposes action onl takenThe , or City action Yakima not taken assumes by the no user liability in
reliance upon any maps or information provided herein.
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GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL,
Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo,
1:2,000 and the GIS User Community
RWV #002 -14 Related Projects:
Applicant: COMMUNITY HEALTH OF CENTRAL WASHINGTON
Location: 501 S 5TH AVE
Proposal: Proposed public right -of -way vacation of the south 5 feet of Tieton Drive between 5th Avenue and 4th Avenue.
Parcel List: 18132444424, 18132444429
DOC.
Yakima Urban Area Zoning Outlines INDEX
Floodway Areas / 3
r ^ , t i f * •••• • ProjectParcels t +
�
1 :: • Zoning M ap Contact City of Yakima Planning Division at 509 - 575 -6183
''' N ivy .) Monday - 10/27/2014 - 09:28:04 City of Yakima - Geographic Information Services
Map Disdaimer: Information shown on this map is for planning and illustration purposes only. The City of Yakima assumes no liability
for any errors, omissions, or inaccuracies in the information provided or for any action taken, or action not taken by the user in
reliance upon any maps or information provided herein.
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m GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN!! Kadaster NL,
Ordnance Survey, Esri Japan, METI, Esri China (Hot Kong), swisstopo,
1.2,000 and the GIS User Community 1
RWV #002 -14 Related Projects:
Applicant: COMMUNITY HEALTH OF CENTRAL WASHINGTON
Location: 501 S 5TH AVE
Proposal: Proposed public right -of -way vacation of the south 5 feet of Tieton Drive between 5th Avenue and 4th Avenue.
Parcel List: 18132444424, 18132444429
DOC.
• : Project Parcels INDEX
1 Hydrants . # 1
„ `
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4��' l - Water Pipes
Utilities Map
Contact City of Yakima Planning Division at 509 - 575 -6183
ii FS '��p. '' .'f Monday - 10/27/2014 - 09:28:04 City of Yakima - Geographic Information Services
, r:�, . Map Disclaimer: Information shown on this map is for planning and illustration purposes only. The City of Yakima assumes no liability
'<.5.,,,,, = for any errors, omissions, or inaccuracies in the information provided or for any action taken, or action not taken by the user in
reliance upon any maps or information provided herein.
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4, 1:2,01 F 1 • 1 Getmapping, Ae rid, IGN, IGP, swisstopo, and the GIS User Ctmmu ity
RWV #002 -14 Related Projects:
Applicant: COMMUNITY HEALTH OF CENTRAL WASHINGTON
Location: 501 S 5TH AVE
Proposal: Proposed public right -of -way vacation of the south 5 feet of Tieton Drive between 5th Avenue and 4th Avenue.
Parcel List: 18132444424, 18132444429
- l 'P : Project Parcels `T
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Aerial Photo Map Contact City of Yakima Planning Division at 509 - 575 -6183
F. - i Monday - 10/27/2014 - 09:28:04 City of Yakima - Geographic Information Services
Map Disclaimer: Information shown on this rnap is for planning and illustration purposes only. The City of Yakima assumes no liability
for any errors, omissions, or inaccuracies in the information provided or for any action taken, or action not taken by the user in
reliance upon any rnaps or information provided herein.
PAUL KASCHMITTER/COMMUNITY HEALTH OF
CENTRAL WASHINGTON
RWV #002 -14
EXHIBIT LIST
CHAPTER D
DST Review & Agency Comments
DOC DOCUMENT DATE
INDEX #
D -1 DST Request for Comments & Distribution List 01/13/2015
D -2 Comments from Mike Shane, Water/Irrigation Engineer 01/14/2015
Dale ( !TA Ic►I Iic�..in A1 Irlical,iu►I
11 lit: l cal I':►rccl ' >'
( rc:►led IiN Dale t#,
—
Existing
sidewalk
C OMMENTS 01/14/2015 MSHANE 01/14/2015 should remain 18132444424 14
, within right of
I way.
1 i '
DOC.
INDEX
DST Distribution List
Applicant: Valk1 G� � 10444
' I
File Number: e v H 0 2- - t u
r
Date of DST Meeting: fl f 1 `
Assigned Planner: l'itoLk, Artra^1
City of Yakima Divisions and Yakima County Public Services
Codes Carolyn B elles Parks and Recreation Ken Wilkinson
Codes Glenn Denman Parks and Recreation Jenise Sanders
Engineering _ Dana Kallevig _ Transit Alvie Maxey
Water /Irrigation Mike Shane Transit Kevin Futrell
Wastewater Engineer Rand Melo _ Police Department Sgt. Chance Belton
Wastewater _ Refuse James Scott
Wastewater Jeremy Hoover Yakima County Public Svcs Vern Redifer
Wastewater Marc Cawley Yakima County Planning Lynn Deitrick
Fire Department Mark Soptich 911 Communications Wayne Wantland
Streets /Traffic Engineering Joe Rosenlund County Flood Control District Terry Keenhan
Other Agencies
Capitol Theatre Gay Parker ' P.O. Box 102, Yakima, WA 98901
Committee for Downtown Yakima Jamie Lee Stickel 115 North 3rd Street, Yakima 98901
Committee for Downtown Yakima James Stickel P.O. Box 9668, Yakima 98909
Committee Manager - CDY Manager P.O. Box 881, Yakima 98901
Yakima Tieton Irrigation District Sandra Hull 470 Camp 4 Rd. Yakima, WA 98908
Fruitvale - Schanno Irrigation District Juanita Hawkins P.O. Box 10004, Yakima, WA 98907
Nob Hill Water Eric Rhoads 6111 Tieton Drive, Yakima 98908
Yakima County Health District 1210 Ahtanum Ridge Dr, Union Gap 98903
_ WA State Department of Ecology Gwen Clear 15 W Yakima Ave Ste #200, Yakima 98902
No. Yakima Soil Conservation District Ray Wondercheck 1606 Perry St Ste F, Yakima 98902
■m" Pacific Power and Light Co. Mike Paulson 500 N. Keys Rd, Yakima 98901
WI Century Link Manager 8 South 2 Ave Rm 304, Yakima 98902 _
owe Cascade Natural Gas Co. Jim Robinson 701 South 15t Ave, Yakima 98902
Yakima School District #7 Dr. Elaine Beraza 104 North 4th Ave, Yakima 98902
West Valley School District #208 Dr. Michael Brophy 8902 Zier Rd, Yakima 98908
- - Charter Communications Kevin Chilcote 1005 North 16th Ave, Yakima 98902
Regional Clean Air Authority Hasan Tahat 329 North 15t Street, Yakima 98901
Yakima Waste Systems Scott Robertson 2812 Terrace Heights Dr, Yakima 98901
Yakima Greenway Foundation Al Brown 111 South 18th Street, Yakima 98901
US Post Office Jeff McKee 205 West Washington Ave, Yakima 98903 _
Yakima Valley Canal Co. Robert Smoot 1640 Garretson Lane, Yakima 98908
w Department of Wildlife Mike Livingston 1701 South 24th Ave, Yakima 98902
Department of Natural Resources 713 Bowers Rd, Ellensburg 98926
WSDOT (Dept of Transportation) Salah Al- Tamini 2809 Rudkin Rd, Union Gap 98903
Department of Fisheries Eric Bartrand P.O. Box 9155, Yakima 98909 _
Yakama Indian Nation Thalia Sachtleben P.O. Box 151, Toppenish 98948
Yakima Airport _ Carl Lee Remmel 2400 West Washington Ave, Yakima 98903
Trolleys Paul Edmondson 313 North 3rd Street, Yakima 98901
City of Union Gap David Spurlock P.O. Box 3008, Union Gap 98903
WSDOT, Aviation Division Robert Hodgman 818 79th Ave SE, Ste B, Tumwater, WA 98504
Governor's Office of Indian Affairs PO Box 40909, Olympia, WA 98504 _
Ahtanum Irrigation District Beth Ann Brulotte 10705 -B Gilbert Rd, Yakima, WA 98903 -9203
Yakima - Klickitat Fisheries Project _ _ John Marvin _760 Pence Road, Yakima, WA 98909
Department of Fish & Wildlife Mark Teske 201 North Pearl, Fffoicrg, WA 98926
•
\\ apollo\shared\Planning\Assignments- Planning \DST Packets Distribution List _updated 09.05.2014.doc ROO(
City of Yakima Development Services Team
prial Request For Comments
January 7, 2015
L.� PLANNING
To: City of Yakima Development Services Team
From: Robbie Aaron, Assistant Planner
Subject: Request for comments
Applicant: Community Health of Central Washington
File Number: RVW #002 -14
Location: 501 S 5th Avenue
Parcel Number(s): 18132444424 & 18132444429
DST MEETING DATE: 1/13/2015
Proposal
The City of Yakima Department of Community Development has received an application for a Right -of-
way vacation of the south 5 feet of Tieton Drive between 5th Avenue and 4th Avenue.
Please review the attached application and site plan and prepare any written comments you might
have regarding this proposal. This project will come up for discussion at the weekly DST meeting to be
held As always, should you have comments, but find you are unable
to attend, please submit your comments prior to the meeting. My email address is
robbie.aaron @yakimawa.gov and the Planning Department's fax number is (509) 575 -6105. Should
you have any questions, or require additional information, please call me at (509) 576 -6736.
Comments:
Contact Person Department/Agency
DOC.
MDFY
# 1
PAUL KASCHMITTER/COMMUNITY HEALTH OF
CENTRAL WASHINGTON
RWV #002 -14
EXHIBIT LIST
CHAPTER E
Land Use Applications
DOC DOCUMENT DATE
INDEX #
E -1 Land Use Application for a Right -of -Way Vacation 10/24/2014
E -2 Petition No. 14-03 10/24/2014
1
n al Pef i H OVj i I (2cl bu i�1 C C tet-16 0
RECEIVE
,-- (-.1- ,'' OCT 2 4 20 14
PETITION NO. / 4/ - C' 3 C Y Q YAKIMA
'14 OCT 24 P 3 :45 CITY OF YAKIMA, WASHINGTION WANG D11f'
PETITION TO VACATE STREET OR ALLEY
To the City_ Council :of the City of Yakima, Washington.
1 P - dlir1i s 4ibVV' 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 two- 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.
PA u L 14A Sc- !°f N1 I TT ER. O R
C c'N1MU , 1 - r`Y' P.LYH SDI 5. STH \/..
❑ - Address
/045),10 / /OD
Ignature Date Ownership %
Owner Address
Signature Date Ownership
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 be vacated as well as their address, percentage of frontage on the right -of -way, and signature with
date and the total ownership percentage of the property owners participating in this vacation)
DOD.
Revised 07/2014 etl®EX Page 16
RECEIVED
ocT 2 4 7(111
_ ): LAND USE APPLICATION M Y YAKIMA . f CITY OF YAKIMA, DEPARTMENT OF COMMUNITY DEVELOPMENT 129 vt� �r► DIV.
NORTH SECOND STREET, 2ND FLOOR, YAKIMA, WA 98902 VOICE: (509) 575- PLANNING
6183 FAX: (509) 575 -6105
INSTRUCTIONS - PLEASE READ FIRST Please type or print your answers clearly.
Answer all questions completely. If you have any questions about this fonn or the application process, please ask a Planner. Remember
to bring all necessary attachments and the required filing fee when the application is submitted. The Planning Division cannot accept an application
unless it is complete and the filing fee paid. Filing fees are not refundable.
This application consists of four parts. PART I - GENERAL INFORMATION AND PART IV - CERTIFICATION are on this page. PART II
and III contain additional infonmation specific to your proposal and MUST be attached to this page to complete the application.
' PART 1- GENERAL INFORMATION.
Name: PA KA5CHM1TTER FDIR COMMUkIl N(�A_LTN
1. Applicant's Mailing Address: 'SO/ 5. 5' 7-14 A L)E
Information: City VAle / At,j 1 St: I WA kip: C(RQpiPhone: k ) 674-- 0/O
' E -Mail: P uk,, Ky{SC.HM ®cNCW• OlZ
2. Applicant's Check One: Igi Owner 0 Agent 0 Purchaser El Other
Interest in Property:
Name: C tnAll AA flit./ I TY y&ALTt1 or C'NTRAIL 1. 56.
3. Property Owner's Mailing Address:
Information (If other - y
thanApplicant): City: Si: I Zip: Phone: h )
E- Mail: ,y
4. Subject Property's Assessor's Parcel Number(s): / e / 3z4 - 444-Z4. .4 4 4.z 9
5. Legal Description of Property. (if lengthy, please attach it on a separate document)
51 A — r - TA C.1- -1 1
6. Property Address: 2J / 5 5 T AVE
7. Property's Existing Zoning:
❑ SR ❑ R -1 ❑ R -2 ❑ R -3 ❑ B -1 ❑ B -2 ❑ HB ❑ SCC ❑ CC ❑ CBD ❑ GC ❑ AS ❑ RD _N M -1 ❑ M -2
8. Type Of Application: (Check All That Apply)
0 Administrative Adjustment 0 Environmental Checklist (SEPA Review) 0 Easement
0 Release Type (1) Review IX Right -of -Way Vacation 0 Rezone
0 Type (2) Review 0 Transportation Concurrency 0 Shoreline
0 Type (3) Review 0 Non - Conforming Use /Structure 0 Critical Areas Review
0 Preliminary Short Plat 0 Appeal to HE / City Council 0 Variance
0 Final Short Plat 0 Interpretation by Hearing Examiner 0 Temporary Use
0 Permit Short Plat Amendment 0 Modification 0 Overlay District
0 Preliminary Long Plat 0 Home Occupation 0 Binding Site Plan
0 Final Long Plat 0 Comprehensive Plan Text or Map Amendment 0 Planned
0 Development
0 Plat Alteration -Long Plat 0 Short Plat Exemption:, C Other:
PART 11 - SUPPLEMENTAL APPLICATION, PART III - REQUIRED ATTACHMENTS, & PART IV- NARRATIVE
1 9. SEE ATTACHED SHEETS
PART V - CERTIFICATION
10. tify that the information on this application and the required attachments are ue and c rrect to the best of my knowledge.
•
Property Owner's Signature Date
Applicant's Signature Date
FILE /APPLICATION(S)# p.\\1\;\) +F v , _
DATE FEE PAID: RECEIVED BY: AMOUNT PAID: RECEIPT NO:
6 .-- - / y I 4
1 1, 1 1 .- ,1 Ck - / )L' '
INDEX
Revised 07/2014 1 Page 13
RECEIVED
OCT 2 4 2014
CITY DIVA
Supplemental Application For:
RIGHT -OF -WAY VACATION
Fee: $420.00 (RCW 35.79) ( +50% appraised value)
PART II - LOCATION
1. VICINITY - LOCATION OF RIGHT -OF -WAY TO BE VACATED: r/-1 5 7UTH 5/ DE aF 777 /UA/
� •� e W lt-1 4Zt' ,AVE. A /b -2 A U ,.
2. LEGAL DESCRIPTION OF THE RIGHT -OF -WAY TO BE VACATED: (Attach if lengthy)
z ,4T7A
PART III - APPLICATION INFORMATION
3. A WRITTEN NARRATIVE: (Please submit a written response to the following questions)
A. What is the public benefit, reason for, and limitations of the proposed right -of -way vacation?
S� C A TTACH �. p
B. Does the vacation deny sole access to a public street for any property?
SC ATT,4�l - IEI�
C. Is the proposal consistent with existing plans of the City? (Petitions should be consistent with the Six-year
Transportation Improvement Plan, the Urban Area Comprehensive Plan and other official City Plans and policies)
SEE A 7 AHED
D. Is the vacation appropriate with existing zoning and land use? (Vacation of Right -of -Ways should be appropriate
with existing and anticipated development in the area, based upon zoning, current use and long -range plans)
5E E AT j /�C rG,IEI�
E. Are there any public or franchised utilities in the right -of -way to be vacated and if so, will they be relocated?
SEE A 7 — TALL HEL'
PART IV - REQUIRED ATTACHMENTS
4. SITE PLAN REQUIRED: (Please use the City of Yakima Site Plan Checklist, attached)
5. PETITION TO VACATE STREET OR ALLEY REQUIRED (attached)
6. TITLE REPORT (may be waived)
7. SURVEY OF THE AREA TO BE VACATED (may be waived)
8. APPRAISAL OF THE PROPERTY (If the assessed value of the portion of right -of -way to be vacated exceeds $20,000)
9. ENGINEERING PLAN (may be required to indicate how the curb, gutter and other physical features will be treated
after the vacation is enacted.)
10. TRAFFIC ANALYSIS (A traffic analysis prepared by a Certified Engineer, which describes the impact to the City
transportation network of the closure of the right -of -way, may be required depending on the right -of -way being vacated.
As a result of that analysis, a Traffic Study may also be required)
Note: if you have any questions about this process, please contact us City of Yakima, Planning Division, 129 N. 2nd St.,
Yakima, WA or 509 -575 -6163
IJOCD
INDEX
Revised 07/2014 e- ( Page 14
NARRATIVE FOR PROPOSED VACATION OF THE SOUTH 5 FEET OF TIETON
DRIVE BETWEEN 5TH AVENUE AND 4TH AVENUE
3(A) At this time there are structures that encroach within the existing right of way. On parcel
no. 181324 -44429 an existing building, which has existed for a minimum of 30 years,
encroaches into the right of way of Tieton Drive the entire length of the parcel, except for where
the original alley was located. On parcel no. 181324 -44424 there is an existing canopy
encroaching into Tieton Drive at the northeast corner of the parcel which was constructed after
2006. Vacating the right of way will not change the usage of the existing land or change any
parking or street usage. We are asking for a minimum width of right of way to be vacated, five
feet in width, so that after the right of way is vacated, then no structures will encroach into the
city's right of way. This will help in obtaining financing in the future.
3(B) No, the vacation will not deny any parcel direct access onto Tieton Drive.
3(C) Yes, the vacation is consistent with all City of Yakima six year plans in this area.
3(D) Yes, the vacation is appropriate with existing zoning and land use plans. It will not change
the existing usage of the land and will not cause any needed changes in future land uses.
3(E) Yes, there are public and franchised utilities within a portion of the proposed vacated right
of way, but none of them will be required to be relocated because of the right of way being
vacated.
RE
DOC. oCT 2 4 ZVI-
� INDEX - I C1TY of /Mom
PLAU�I'
EXISTING LEGAL DESCRIPTION FOR PARCEL NO. 181324 -44429
Lots 15 and 16, Block 276, Lund's Addition to North Yakima, now Yakima, recorded in Volume
"A" of Plats, Page 103, records of Yakima County, Washington.
LEGAL DESCRIPTION OF TIETON DRIVE RIGHT OF WAY TO BE VACATED FOR
PARCEL NO. 181324 -44429
Beginning at the Northwest corner of Lot 16, Block 276, Lund's Addition to North Yakima, now
Yakima, recorded in Volume "A" of Plats, Page 103, records of Yakima County, Washington;
thence North 71 °23'15" East, along the North line of said Lot, 149.97 feet to the centerline of
vacated alley within said block; thence North 18 °37'38" West, along said centerline extended, 3.13
feet; thence South 74° 47'02" West 10.72 feet; thence South 70 °56'30" West 139.28 feet to the
West line of said Lot 16 extended; thence South 18 °37'45" East, along said extended line, 2.68
feet to the Point of Beginning.
SUBJECT TO an easement for utilities over, across and through the East 10 feet thereof.
Containing 485 square feet.
EXISTING LEGAL DESCRIPTION FOR PARCEL NO. 181324 -44424
Lot 1, Block 276, Lund's Addition to North Yakima, now Yakima, recorded in Volume "A" of
Plats, Page 103, records of Yakima County, Washington.
LEGAL DESCRIPTION OF TIETON DRIVE RIGHT OF WAY TO BE VACATED FOR
PARCEL NO. 181324 -44424
Beginning at the Northeast corner of Lot 1, Block 276, Lund's Addition to North Yakima, now
• Yakima, recorded in Volume "A" of Plats, Page 103, records of Yakima County, Washington;
thence South 71 °23'15" West, along the North line of said Lot, 149.97 feet to the centerline of
vacated alley within said block; thence North 18 °37'38" West, along said centerline extended, 3.13
feet; thence North 74° 47'02" East 18.79 feet; thence North 71°03'10" East 131.22 feet to the East
line of said Lot 1 extended; thence South 18 °37'30" East, along said extended line, 2.78 feet to the
Point of Beginning.
SUBJECT TO an easement for utilities over, across and through the West 10 feet thereof.
err NA
Containing 362 square feet.
RECEIVED ,�o 4r . 4'
FEB 0 5 2015
�
rp
CITY Of YAKl�i�a � � �• a
PLANNING D!1!. °� ��C15T ��,° tt
s 1
INDEX NFL L/
i irts.Tomowok
2 -
PAUL KASCHMITTER/COMMUNITY HEALTH OF
CENTRAL WASHINGTON
RWV #002 -14
EXHIBIT LIST
CHAPTER F
Public Notices
DOC DOCUMENT DATE
INDEX #
F -1 Determination of Application Completeness 11/18/2014
F -2 Agenda Statement: Set Date for Hearing Examiner Public 12/02/2014
Hearin] (Resolution No. R- 2014 -141)
F -3 Notice of Petition & Public Hearing 12/23/2014
F -3a: Legal Publication
F -3b: Press Release
F -3c: Parties & Agencies Notified
F -3d: Affidavit of Mailing
F -4 Land Use Action Installation Certificate 01/02/2015
F -5 Affidavit of Posting of Resolution 01/02/2015
F -6 Hearing Examiner Packet Distribution List 01/15/2015
F -7 Hearing Examiner Public Hearing Agenda & Sign -in Sheet 01/22/2015
F -8 Notice of Continuance of Right of Way Vacation Hearing 01/22/2015
F -9 Hearing Examiner Continued Public Hearing Agenda & Sign- 02/05/2015
in Sheet
F -10 Notice of Hearing Examiner's Recommendation 02/24/2015
(see DOC INDEX #AA -1 for HE Recommendation)
F -10a: Parties and Agencies Notified
F -10b: Affidavit of Mailing
F -11 Agenda Statement: Set Date of City Council Public Hearing 03/03/2015
F -12 Letter of Transmittal to City Clerk: City Council Hearing 03/04/2015
(Mailing Labels, Vicinity Map, Site Plan)
F -13 City Council Public Hearing Notice 03/05/2015
F -13a: Legal Notice Publication
Ad Proof
yAmmA YAKIMA CITY COUNCIL
NOTICE OF PUBLIC
_ MEETING
Petition of Right -of -Way
Vacation
A daily part of your lif HERa k �� o yakima- herald.com Located for a portion of
South five feet of Tieton
Drive between 4th & 5th
-Ad Proof- Avenues
NOTICE IS HEREBY GIVEN
that the Yakima City Council
will conduct a public hear -
in to consider This is the proof of your ad scheduled to run on the Exam ner's rreco
on a right -of -way vacation yeti-
lion requested by Community
dates indicated below.
Health of Central Washington
fora portion of the south five
feet of Tieton Drive between 4th
Please confirm placement prior to deadline, and 5th Avenues. Said public
hearing will be held Tuesday,
April 7, 2015 at 6:30 p.m. in
by contacting your the Council Chambers at City
n Hall located at 129 North 2nd
account rep at (509) 577-7740. Street, Yakima Washington.
For additional information,
please contact Robbie Aaron,
Assistant Planner, 575 -6736,
or e-mail to robbie.aaron @
yakimawa.gov. Any citizen
Date: 03/05/15 Run Dates: wishing to comment on this
Issue is welcome to attend
Yakima Herald - Republic 03/13/15 the public hearing or contact
Account #: 110356 YakimaHerald.com 03/13/15 the City Council in the follow-
ing manner: Send a letter via
Company Name: CITY OF YAKIMA regular mail to "Yakima City
Council, 129 N. 2nd Street,
Yakima, WA 96901,' or, E -mail
Contact: YAKIMA CITY COUNCIL c @yakimawasgov. in
NOTICE OF PUBLIC the e-mail subject line, "Com-
Address: 129 N 2ND STREET MEETING munityHealthROWvacafion."
Petition of Right-of-Way Please also include your name
YAKIMA, WA 98901 -2720 ght -of -Way and mailing address. Sonya
Vacation ClaarTee, City Clerk
Telephone: (509) 575 -6037 ou fi for a portion of
feet of Tieton
South f (524034) March 13, 2015
S
Fax: Drive between 4th & 5th
Avenues
NOTICE IS HEREBY GIVEN
Ad ID: 524034 that the Yakima City Council
will conduct a public hear -
Start: 03/13/15 ing to consider the Hearing
Stop: 03/13/15 Examiner's recommendation
on a right -of -way vacation peti-
tion requested by Community
Total Cost: $81.08 Health of Central Washington
Agate Lines: 45 for a portion of the south five
feet of Tieton Drive between 4th
# of Inserts: 2 and 5th Avenues. Said public
Ad Class: 6021 hearing will be held Tuesday,
Account Rep: Simon Sizer April 7, 2015 at 6 :30 p.m. in
Phone # (509) 577 -7740 the Council Chambers at City
Email: ssizer @yakimaherald.com Hall located at 129 North 2nd
Street, Yakima Washington.
For additional Information,
please contact Robbie Aaron,
Assistant Planner, 575 -6736,
ore -mail to robbie,aaron
yakimawa.gov. Any citizen
wishing to comment on this
issue is welcome to attend
the public hearing or contact
the City Council in the follow-
ing manner: Send a letter via
regular mail to "Yakima City
Council, 129 N. 2nd Street,
Yakima, WA 98901," or, E -mail
your comments to city.coun-
ciityakimawa.gov. Include In
the a -mall subject line, "Com-
munity Health ROW vacation.* DOC.
Please also include your name
and mailing address. Sonya INDEX
— Clear Tee, City Clerk
(524034) March 13, 2015 # .�. 1 - r _
Q t av
OFFICE OF THE CITY CLERK
129 North Second Street
s 1' Yakima, Washington 98901
j : -A, Phone (509) 575 -6037 • Fax (509) 576 -6614
YAKIMA CITY COUNCIL
NOTICE OF PUBLIC MEETING
Petition of Right -of -Way Vacation
Located for a portion of South five feet of Tieton Drive between 4 & 5th Avenues
NOTICE IS HEREBY GIVEN that the Yakima City Council will conduct a public hearing
to consider the Hearing Examiner's recommendation on a right -of -way vacation petition
requested by Community Health of Central Washington for a portion of the south five feet of
Tieton Drive between 4th and 5 Avenues.
Said public hearing will be held Tuesday, April 7, 2015 at 6:30 p.m. in the Council
Chambers at City Hall located at 129 North 2 Street, Yakima Washington.
For additional information, please contact Robbie Aaron, Assistant Planner, 575 -6736, or
e -mail to robbie.aaron(a7,vakimawa.gov. Any citizen wishing to comment on this issue is
welcome to attend the public hearing or contact the City Council in the following manner:
1) Send a letter via regular mail to "Yakima City Council, 129 N. 2 Street, Yakima, WA
98901," or,
2) E -mail your comments to citv.council4vakimawa.gov. Include in the e-mail subject
line, "Community Health ROW vacation." Please also include your name and mailing
address.
Dated this 4 day of March, 2015.
Sonya Clear Tee
City Clerk
Mailed March 5, 2015
cke
'
!\\ X � 03
DOC. C \A �t�C
INDEX
# F-13
Project Vicinity Ma - , � .: � .
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by - •
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Applicant: COMMUNITY HEALTH OF CENTRAL WASHINGTON � / %%%%% • '.µ •
Location: 501 S 5TH AVE ' 'il� ;' ;, � �- `� ••
Monday - 10/27/2014 - 09:28:02 '`�.v.
Contact City of Yakima Planning Division at 509 - 575 -6183
City of Yakima - Geographic Information Sevices
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" Fa • ' Ordnance Survey. Esri Japan. METI. Esri China (Hong Kong), swisstopo,
and she GIS User Community
Proposal: Proposed public right -of -way vacation of the south 5 feet of Tieton Drive between 5th Avenue and 4th Avenue.
DOC.
INDEX
# F 3
Map Disclaimer: Information shown on this map is for planning and illustration purposes only. The City of Yakima assumes no liability for any errors,
omissions, or inaccuracies in the information provided or for any action taken, or action not taken by the user in reliance upon any maps or
information provided herein.
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DENOTES RIGHT OF WAY TO BE VACATED ,
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pok i ' . (509) 575 -6990
SITE MAP DRAWN BY: JOE
PARCEL NO.'S 181324 - 44424 & 44429 D 2/5/2015
40 0 40 FEET � t � - PREPARED FOR---- NO. 14238
�i COMMUNITY HEALTH OF CENTRAL WASHINGTON SHEET NO.
SCALE: 1" = 40' ` SE 1/4, SE 1/4, SEC. 24, T -13 N, R-18 it • 1 OF
INDEX
# .5- ►3
4
CITY OF YAKIMA, PLANNING DIVISION
LETTER OF TRANSMITTAL
I, Lisa Maxey, as an employee of the City of Yakima, Planning Division, have
transmitted to: Sonya Claar -Tee, Yakima City Clerk, by hand delivery, the
following documents:
1. Mailing labels for PAUL KASCHMITTER/COMMUNITY HEALTH
OF CENTRAL WASHINGTON (RWV #002 -14); including all labels
for adjoining property owners of subject property, agencies and parties
of record.
2. One vicinity map.
Signed this 4th day of March, 2015.
ake9.
Lisa Maxey
Temporary D.A II
i
Received By: lizzAdzix. _
Date: 0/
DOC.
INDEX
Parties of Record — "Paul
Kaschmitter /Community Health of Central
Washington" — RWV #002 -14
Community Health of Central WA PLSA Engineering & Surveying PLSA Engineering & Surveying
501 S 5 th Ave c/o Rick Wehr c/o Joe Baker
Yakima, WA 98902 1120 Lincoln Ave 1120 Lincoln Ave
Yakima, WA 98902 Yakima, WA 98902
Paul Kaschmitter 18132444424 18132444422
8010 Englewood Crest COMMUNITY HEALTH OF CENTRAL WASHINGTON SOLARITY CREDIT UNION
Yakima, WA 98908 1806 W LINCOLN AVE PO BOX 2922
YAKIMA, WA 98902 YAKIMA, WA 989072922
18132444406 18132444427 18132444434
YAKIMA SCHOOL #7 DAVID C & JANNIE CONNELL MICHAEL MOEN
104 N 4TH AVE 218 SANTA ROZA DR 609 N 65TH AVE
YAKIMA, WA 989022636 YAKIMA, WA 98901 YAKIMA, WA 98908
18132444471
CENTRAL WASH COMP MENTL HLTH
PO BOX 959
YAKIMA, WA 98907
DOC.
INDEX
# 1-1
Proj ect Vicinity Map
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Location: 501 S 5TH AVE
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Monday - 10/27/2014 - 09:28:02
Contact City of Yakima Planning Division at 509-575-6183
City of Yakima - Geographic Information Sevices
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Ordnance Survey, Esri Japan, IVIETI. Esri China (Hong Kong). swisstopo,
and the GIS User Community
. ,
Proposal: Proposed public right-of-way vacation of the south 5 feet of Tieton Drive between 5th Avenue and 4th Avenue.
DOC.
INDEX
# 'P 1('Z'
Map Disclaimer: Information shown on this map is for planning and illustration purposes only. The City of Yakima assumes no liability for any errors,
omissions, or inaccuracies in the information provided or for any action taken, or action not taken by the user in reliance upon any maps or
information provided herein.
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4401INC„. SITE MAP DRAWN BY: JOE
PARCEL NO.'S 181324 - 44424 &-44429 DATE: 2/5/2015
40 0 40 FEET 6 — PREPARED FOR— JOB No. 14238
- .r_._i_m_i COMMUNITY HEALTH OF CENTRAL WASHINGTON SHEET No.
SCALE: 1" = 40' X SE 1/4, SE 1/4, SEC. 24, T -13 Nr2�] § 1 OF
INDEX
# C-.\-
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 5.C.
For Meeting of: March 3, 2015
ITEM TITLE: Set April 7, 2015 as the date for a public hearing to consider the right -of -way petition
submitted by Community Health of Central Washington for a portion of the south five feet of
Tieton Drive between 4th Avenue and 5th Avenue
SUBMITTED BY Joan Davenport, AICP, Director of Community Development
Robbie Aaron, Assistant Planner, (509) 576 -6736
SUMMARY EXPLANATION:
Community Health of Central Washington has petitioned for the vacation of a portion of the south five feet of Tieton Drive between 4th Avenue
and 5th Avenue.
Resolution: Ordinance:
Other (Specify): Set Date
Contract: Contract Term:
Start Date: End Date:
Item Budgeted: Amount:
Funding Source/Fiscal Impact:
Strategic Priority: Improve the Built Environment
Insurance Required? No
Mail to:
Phone:
APPROVED FOR SUBMITTAL: 4Airgot City Manager
RECOMMENDATION:
Set April 7, 2015 as the date for City Council consideration of the hearing examiner's recommendation on right -of -way vacation RWV #002 -14,
Petition No. 14 -03.
ATTACHMENTS:
Description Upload Date Type
No Attachments Available
DOC.
INDEX
https: / /yakima. novusagenda .com /agendaintranet/Cover... Page 1 of 1 11 3/27/2015
AFFIDAVIT OF MAILING
STATE OF WASHINGTON
CITY OF YAKIMA
RE: RWV #002 -14
Paul Kaschmitter / Community Health of Central WA
501 S 5th Ave
I, Lisa Maxey, as an employee of the Yakima City Planning Division, have
dispatched through the United States Mails, a Notice of Hearing Examiner's
Recommendation. A true and correct copy of which is enclosed herewith; that
said notice was addressed to the applicant by certified mail, and parties of
record, that said property owners are individually listed on the mailing list
retained by the Planning Division, and that said notices were mailed by me on
the 24th day of February, 2015.
That I mailed said notices in the manner herein set forth and that all of the
statements made herein are just and true.
gaay/-
Lisa Maxey
Temporary D.A. II
DOC.
INDEX
# F-10 b
Maxey, Lisa
From: Maxey, Lisa
Sent: Tuesday, February 24, 2015 2:22 PM
To: Belles, Carolyn; Brown, David; Caruso, Joe; Cook, Debbie; Cutter, Jeff; Davenport, Joan;
Dean, James; DeBusschere, Suzanne; Denman, Glenn; Futrell, Kevin; Ibarra, Rosalinda;
Kallevig, Dana; Kunkler, Mark; Matthews, Archie; Maxey, Lisa; Meloy, Randy; Riddle, Dan;
Rizzi, Dominic; Robertson, Jerry; Schafer, Scott; Scott, James; Shane, Mike; Soptich, Mark
Cc: Aaron, Robbie
Subject: NOTICE OF HEARING EXAMINER'S RECOMMENDATION TO CITY COUNCIL - Paul
Kaschmitter / Community Health of Central WA - RWV #002 -14
Attachments: NTC OF H.E. RECOMMENDATION - RWV.pdf
Attached is a Notice of Hearing Examiner's Recommendation to City Council regarding the above - entitled project. If you
have any questions regarding this notice, please contact assigned planner Robbie Aaron at (509) 576 -6736 or by email at
robbie.aaron @vakimawa.gov.
Thank you!
Lisa Maxey
Temporary Department Assistant
(509) 576 -6669
City of Yakima Planning Division
129 N. 2nd St. Yakima, WA 98901
DOC.
INDEX
1 # F-1OcL,
Parties of Record - kaschmitter- Community Health - RWV
PLSA Engineering
Community Health of Central WA c/o Rick Wehr PLSA Engineering
501 S 5 Ave 1120 W Lincoln Ave c/o Joe Baker
Yakima, WA 98902 Yakima, WA 98902 1120 W Lincoln Ave
paul.kaschmitter @CHCW.org rwehr @plsaofyakima.com Yakima, WA 98902
Paul Kaschmitter
8010 Englewood Crest
Yakima, WA 98908
In -House Distribution E -mail List
Name Division E -mail Address
Debbie Cook Engineering Debbie.cook @yakimawa.gov
Dana Kallevig Wastewater dana.kallevig @yakimawa.gov
Dan Riddle Engineering dan.riddle @yakimawa.gov
Mark Kunkler Legal Dept �Mark.kunkler @yakimawa.gov
Jeff Cutter Legal Dept jeff.cutter(2iyakimawa.gov
Archie Matthews ONDS archie.matthews @ yakimawa.gov
Mark Soptich Fire Dept mark.soptich@yakimawa.gov
Chief Rizzi Police Department Dominic.rizzi @yakimawa.gov
Joe Caruso Code Administration Joe.caruso @yakimawa.gov
Carolyn Belles Code Administration carolyn.belles @yakimawa.gov
Jerry Robertson Code Administration jerry.robertson @yakimawa.gov
Glenn Denman Code Administration glenn.denman@yakimawa.gov
Suzanne DeBusschere Code Administration Suzanne .debusschere@,yakimawa.gov
Dave Brown Water /Irrigation dave.brown@yakimawa.gov
Mike Shane Engineering mike.shane @yakimawa.gov
Randy Meloy Wastewater randy.meloy@yakimawa.gov
Scott Schafer Public Works Dept scott.schafer @yakimawa.gov
James Dean Utilities James.dean@yakimawa.gov
James Scott Refuse Division James.scott@yakimawa.gov
•
Kevin Futrell Transit Division kevin.futrell @yakimawa.gov
Joan Davenport Planning joan.davenport@yakimawa.gov
For the Record/File
Binder Copy Revised 12/2014
Type of Notice: V - C Of 1(C.Orin G 1 4 lt1it,S L(11111WdajjOilk-
File Number: RJv * op a f 1
/ DOC.
Date of Mailing: ,, ) 5 INDEX
#.1_1d0,
RECEIVED
F EB 2015
Gary M. Cuillier COM Y Of YAKIMA
ENT
ATTORNEY AT LAW �� �����
314 N. SECOND STREET
YAKIMA, WASHINGTON 98901
(509) 575 -1800
FAX: (509) 452 -4601
February 20, 2015
Rosalinda Ibarra HAND - DELIVERED
Yakima City Planning Division
129 North 2 Street
Yakima, WA 98901
Re: Hearing Examiner's Recommendation: RVW #002 -14, Petition # 14 -03 (Com-
munity Health of Central Washington to Vacate a Portion of the Tieton Drive
Right -of -Way Between 4 and Stn Avenues)
Dear Rosalinda,
Enclosed is the Hearing Examiner's Recommendation regarding the above - entitled
matter. If you have any questions, please give me a call. Thank you.
Yours very truly,
KEVIN R. RICHARDSON
Legal Secretary to
GARY M. CUILLIER
KRR: krr
Enclosure
cc: Karri Espinoza, Yakima County Planning Division, w/ Enclosure
Pat Spurgin, City of Yakima Pro Tem Hearing Examiner, w/ Enclosure
DOC.
INDEX
r t,t- 7 5'A ..4 '4, COMMUNL _ DEVELOPMENT DEPARTMENT
:..� , ... '' `. Planning Division
g-'' = i..A 7 A
' 129 North Second Street, 2nd Floor Yakima, Washington 98901
`� Phone (509) 575 -6183 • Fax (509) 575 -6105
3 V . s - ask.planning @yakimawa.gov • http:l /www.yakimawa.gov /services /planning/
e +, J� , p
�� ,,,_ AYY
NOTIFICATION OF HEARING EXAMINER'S
RECOMMENDATION TO THE
CITY COUNCIL
February 24, 2015
On February 20, 2015 the City of Yakima Hearing Examiner rendered his
recommendation on RWV #002 - 14 (Petition #14 - 03). The application submitted by Paul
Kaschmitter on behalf of Community Health of Central Washington is to vacate the
south five feet portion of the Tieton Drive right -of -way between 4 and 5th Avenues. The
application was reviewed at an open record public hearing held on October 9, 2014.
A copy of the Hearing Examiner's Findings and Recommendation is enclosed.
The Hearing Examiner's Recommendation will be considered by the Yakima City
Council in a public hearing to be scheduled. The City Clerk will notify you of the date,
time and place of the public hearing.
For further information or assistance you may contact Assistant Planner Robbie Aaron at
(509) 576 -6736 at the City of Yakima, Planning Division.
Robbie Aaron
Assistant Planner
Date of Mailing: February 24, 2015
Enclosures: Hearing Examiner's Recommendation, Site Plan
•
DOC. Yaklma
INDEX 11II1►
COMMLr'TTY DEVELOPMENT DEPARTMENT , : , FOR THE
c� Y '`' RECORD / FILE
Joan Dat ,port, AICP, Director
"� Planning Division
j 129 North Second Street, 2nd Floor Yakima, Washington 98901
•
Phone (509) 575 -6183 • Fax (509) 575 -6105
' 1 = ;•���' www.yakimawa.gov /services /planning
CITY OF YAKIMA
HEARING EXAMINER
AGENDA
Thursday February 5, 2015
Yakima City Hall Council Chambers
Beginning at 9:00 a.m.
I. CALL TO ORDER
II. INTRODUCTION
III. PUBLIC HEARINGS
CONTINUED PUBLIC HEARING
A. COMMUNITY HEALTH OF CENTRAL WASHINGTON/ (10/24/2014) RWV #002 - 14
PAUL KASCHMITTER
Planner: Robbie Aaron
Address: 501 S 5th Ave
Request: Proposed public right -of -way vacation of the south 5 feet of Tieton Drive
between 5 Avenue and 4 Avenue.
IV. ADJOURNMENT
If you are unable to attend the hearing, you may submit your comments in writing prior to the hearing. You may
also submit written testimony at the hearing.
DOC.
INDEX
HEARING SIGN -IN SHEET
HEARING EXAMINER
CITY HALL COUNCIL CHAMBERS
HEARING DATE: Thursday, February 5, 2015
CASE I FILE # APPLICANT 1 SITE ADDRESS
A. RWV #002 -14 PAUL KASCHMITTER/COMMUNITY 501 S 5 Avenue
HEALTH OF CENTRAL WASHINGTON
PLEASE WRITE LEGIBLY!
Please indicate which proposal you are interested in: A.
CASE NAME ADDRESS ZIP CODE
(AS' • IAAG SG �t Ei. je_11L(10 c NR,5 OE TWO
DOC.
INDEX
Hearing Examiner Public Hearing Sign -In Sheet — 02/05/2015
�� qF j4 1 N fl i% c O 1= L J''i' 1 N y Awl L.Cc.
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DP`s'' 1/2,2/1 y„-.: - -, # --
F :1% ' 4'tu. ).:11#1-41 , INTTYDEVELOPMENT DEPARTMENT -.
§ Joan Da _ .,nport, AICP, Director
1 V Planning Division
i, 129 North Second Street, 2nd Floor Yakima, Washington 98901
„, . ' is . / Phone (509) 575 -6183 • Fax (509) 575 -6105
�h1 ? `''a''• , .Y = www .yakimawa.gov /services/planning
CITY OF YAKIMA
HEARING EXAMINER
AGENDA
Thursday January 22, 2015
Yakima City Hall Council Chambers
Beginning at 9:00 a.m.
I. CALL TO ORDER
II. INTRODUCTION
III. PUBLIC HEARINGS
A. COMMUNITY HEALTH OF CENTRAL WASHINGTON/ (RWV #002 - 14)
PAUL KASCHMITTER
Planner: Robbie Aaron
Address: 501 S 5 Ave
Request: Proposed public right -of -way vacation of the south 5 feet of Tieton Drive
between 5 Avenue and 4 Avenue.
IV. ADJOURNMENT
If you are unable to attend the hearing, you may submit your comments in writing prior to the hearing. You may
also submit written testimony at the hearing.
DOC.
INDEX
1
HEARING SIGN -IN SHEET
HEARING EXAMINER
CITY HALL COUNCIL CHAMBERS
HEARING DATE: Thursday, January 22, 2015
CASE I FILE # APPLICANT SITE ADDRESS
A. RWV #002 -14 PAUL KASCHMITTER/COMMUNITY 501 S 5th Avenue
HEALTH OF CENTRAL WASHINGTON
PLEASE WRITE LEGIBLY!
Please indicate which proposal you are interested in: A.
CASE NAME ADDRESS ZIP CODE
64; 76/6 jecit,?,ec_6
;d
DOC. INDEX
Hearing Examiner Public Hearing Sign -In Sheet — 01/22/2015 -7
Phil Lamb KIT -KATS Radio
Hearing Examiner AGENDA ONLY 311 North 3rd Street 4010 Summitview, Suite 200
Distribution List 07/01/2014 Yakima, WA 98901 Yakima, WA 98908
MI YPAC Yakima Assoc. of Realtors
randy.beehler@vakimawa.gov KARY Radio
Gov. Affairs Committee
ken.crockett@yakimwa.gov 1200 Chesterly Dr. #160
mike.brown @yakimawa.gov 2707 River Road Yakima, WA 98902
bonnie.tozano@yakimawa.gov Yakima, WA 98902 -1165
Dominic Rizzi KCYU -FOX 68 KIMA TV
David Okowski
Police Chief 2801 Terrace Heights Drive
dominic.rizzi@yakimawa.gov 1205 West Lincoln Ave. Yakima, WA 98901
Yakima, WA 98902
Bob Stewart Pacific Power KNDO TV
Fire Chief Mike Paulson 216 West Yakima Avenue
bob.stewart@yakimawa.gov 500 N. Keys Rd. Yakima, WA 98902
Yakima, WA 98901
Sonya Claar -Tee Office of Rural FWH Yakima Herald - Republic
Marty Miller
City Clerk P.O. Box 9668
sonya.claartee @yakimwa.gov 1400 Summitview #203 Yakima, WA 98909
Yakima, WA 98902
Tony O'Rourke Yakima School Dist. #7 VIVA
Superintendent
City Manager �, P.O. Box 511
tony.orourke(u�yakimwa.gov 104 North 4 Street Toppenish, WA 98948
Yakima, WA 98902
Radio KDNA Business Times Patrick D. Spurgin
P.O. Box 800 Bruce Smith 411 N. 2nd St.
Granger, WA 98932 P.O. Box 2052 Yakima, WA 98901
Yakima, WA 98907
KAPP TV
Attn: Newsroom Yakima Valley C.O.G. Gary Cuillier
PO Box 1749 311 N. 4 Street STE 202 314 N. 2n Street
Yakima, WA 98907 -1749 Yakima, WA 98901 Yakima, WA 98901
Reed C. Pell
31 Chicago Avenue #4 Maud Scott
Yakima, WA 98902 307 Union Street Codes Bulletin Board
reed @reedcpell.net Yakima, WA 98901
DOC.
INDEX
Hearing Lxaminer Packet I _
AGENDA, STAFF REPORT, Jeff Cutter Debbie Cook
City Legal Department Engineering Division
SITE PLAN AND MAPS......... Teff.cutter @yakimawa.gov Debbie.Cook @yakimawa.gov
07/01/2014
Yakima County Planning Archie Matthews
County Courthouse ONDS Joan Davenport
Jefferson .spencer@co.yakima.wa.us Archie.matthews@yakimawa.gov Toan.davenport@yakimawa.gov
Mark Kunkler Dana Kallevig DON'T FORGET TO SEND ONE
Legal Department Engineering Division TO THE APPLICANT &
Mark.kunkler @yakimawa.gov Dana.kallevig@yakimawa.gov PROPERTY OWNER...........
Yakima County Planning Public Yakima County Commissioners Binder Copy
Services Commissioners.web @co.yakima.wa.
Vern Redifer us For the Record /File
Vern.redifer @co.yakima.wa.us
Community Health of Central WA
c/o Paul Kaschmitter
501 South 5th Avenue
Yakima, WA 98902
Paul.kaschmitterPchcw.org
PLSA Engineering
c/o Rick Wehr
1120 West Lincoln Avenue
Yakima, WA 98902
rwehrPplsaofyakima.com
Community Health of Central WA
1806 West Lincoln Avenue
Yakima, WA 98902
DOC.
L
La GI
AFFIDAVIT OF POSTING
STATE OF WASHINGTON
RE:
File# .V W 0 0 2 — f L "1
Applicant Name: 1 GW! m -ffv /G W "
Project Name: Sb tu�/- �GG�� �l 0,4 -0.(1.4) a� V
Site Location: ( 5 5s_ l4(/
As an employee of the City of Yakima Planning Division, I have posted a copy of the Resolution
fixing time of public hearing before the Hearing Examiner.
The Hearing Examiner Public Hearing is scheduled for the 2-2 day of
20 15 .
• Notices were posted on the Z day of aeit t',r ' 20 1 5 at the following
locations: Lobby of City Hall, County Courthouse and the Central Library.
Signed
-5Sl S kt f rC 4;44 Cf
Job Title
/ 5
Date DOC.
INDEX
f CITY OF YAKIMA
t,
c , LAND USE ACTION INSTALLATION
...\,„, .,,,,,„, # ....
CERTIFICATE
File Number: fp v v tt co 1_ — ILA
Applicant/Proj ect Name: ' r ,, etcc (rk rM 1_4-(e r / C p G U )
Site Address: 5 6 1 3 6 4Gt W L
Date of Posting: 1/41 1,0 ( 5
Location of Installation (Check One):
Land Use Action Sign is installed per standards described in YMC § 15.11.090(C).
Land Use Action Sign is installed in an alternate location on the site.
Note: this alternate location (if not pre - approved by the Planning Manager) may not be acceptable by the
Planning Division and is subject to relocation (at the owner's expense) to a more visible site on the property.
The alternative location is
ca-- Kftrta gd, i2hi) fp
The required comment period will begin when the Planning Division has received the Land Use
Action Installation Certification. The date of installation certificate receipt will begin the notice
period. Failure to post a Land Use Action sign and return this form signed in a timely manner will
cause a delay in the application review.
I hereby testify that the sign installed fully complies with the Land Use Action sign layout
specifications and installation standards, and that the sign will be maintained until a decision has
been rendered.
.-2---- I i 2/72dic
Applicant2s-Siguaturt ASPS' 4 pf u hhir Date
124 6 k 14-4 rot-.
' Applicant's Telephone Number
Please remit the above certification and deliver to the City of Yakima Planning Division via fax at (509) 575-6105;
in person or by mail to: City of Yakima, Planning Division, 129 North 2° Street, Yakima, WA 98901.
OAua� th \ AppData vo �somwlnduwe, Temporary hdaue [File.\Oor¢a9OuilookKS1UQWO 51a,d Use Action Installation Certificate _June 2014.docx
Revision 002 DOC.
V 06/17/2014
0 40111 n . ',. ___
r
f r e
1
■ /'" r; • ; .rl tail / /�' _ , . i . J. .
9
I
9 S
. j -
3 LAND USE ACTION -
PROPOSED
FOR THIS SITE - -
tk.: PUBLIC
HEARING -
Contact The City Of Yakima •
. - 509- 575 -6163
w.
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. • DOC. INDEX
AFFIDAVIT OF MAILING
STATE OF WASHINGTON
CITY OF YAKIMA
RE: RWV #002 -14
Community Health of Central WA/ Paul Kaschmitter
Vicinity of 501 South 5th Avenue
I, Rosalinda Ibarra, as an employee of the City of Yakima Planning Division,
have dispatched through the United States Mails, a Notice of Petition and
Public Hearing. A true and correct copy of which is enclosed herewith; that said
notice was addressed to the applicant and all property owners of record within a
radius of 300 feet of the subject property, that said property owners are
individually listed on the mailing list retained by the Planning Division, and that
said notices were mailed by me on the 23 day of December, 2014.
That I mailed said notices in the manner herein set forth and that all of the
statements made herein are just and true.
Rosalinda Ibarra
Administrative Assistant
DOC.
INDEX
# r r�
10.13L 1
CENTRAL WASH COMP MENTL HLTH 1813 !44472 1E1524�ia 12
CENTRAL ► • COM' , ' ► L HLTH = cr.qA 'I'.r'ry pE'r.TH C:F CENTRAL WASPlit ?CTOn
PO BOX 959 PO BOX 95' 1806 w LINCOLN AVE
YAKIMA, WA 98907 �. r WA 98907 'AKlMA, WA 98902
18132444429 18132444449 18132444459
COMMUNIT9' HEALTJj9F TORAL ASH -- 4; -- NT COMMUNITY HEALTH OF CE SiI ON COMMUNITY HEALTH OF CENTRAL WASHINGT
1806 W LINCOLN -4A ----- 1806 W LINCOL-N 6r� - - 1806 W LINCOLN AVE- -
YAKIMA; VGA 98902 �___________ YAKIMA; WA 98902 YAKIMA, WA 98902
- 18132444428 18132444452 18132444422
COMMUNITY - HEALTH OF CENTRAL WASHINGT N COMMUNITY HEALTH OF £ENTRg1.UVAS 1NG T ON SOLARITY CREDIT UNION
1806 W LI NCOLNAN4 1806 W LINCOLKAVE---- p0 BOX 2922
YAKIMA, WA 98902 - - YAKIMA, WA98902 -_-
YAKIMA, WA 989072922
18132444406 18132444427 18132444425
YAKIMA SCHOOL #7 DAVID C & JANNIE CONNELL DAVID C & JANNIE CONNELL
104 N 4TH AVE 218 SANTA ROZA DR 2SANTA ROZA DR
YAKIMA, WA 989022636 YAKIMA, WA 98901 ' WA 98901
1.8132444426 18132444434 18132444435
DAVID C & ]ANNI NNELL MICHAEL MOEN MICHAEL MOEN
218 SANTA ZA D ,. 609 N 65TH AVE 609 N 65TH AVE
'YAKIMA, WA 98901 YAKIMA, WA 98908 YAKIMA, WA 98908
15 Community Health of Central WA
Total Parcels - Paul Kaschhrnitter / c/a Paul Kaschmitter
Community Health of Central WA - 501 S 5th Ave
RWV 44002 -14 Yakima, WA L'89O2
c 0f Pe 'l4 3
0n
fl 14 /r r 19
twV- 00).-14
INDEX
In -House Distribution E -mail List
Name Division E -mail Address
Debbie Cook Engineering Debbie.cook@yakimawa.t;ov
Dana Kallevig Wastewater dana.kallevig@vakimawa.gov
Dan Riddle Engineering dan.riddle a,yakimawa.gov
Mark Kunkler Legal Dept Mark.kunkler a,yakimawa.gov
Jeff Cutter Legal Dept ieffeutter@yakimawa.gov
Archie Matthews ONDS archie.matthews cr,yakimawa.gov
Mark Soptich Fire Dept mark.soptich cr,vakirawa.gov
Chief Rizzi Police Department Dom in ic.rizzi(yakirnawa.gov
Joe Caruso Code Administration Joe.caruso@,yakimawa.gov
Carolyn Belles Code Administration carolvn.belleW,vakimawa.gov
Jerry Robertson Code Administration jerry.robertson(7a yakimawa.gov
Glenn Denman Code Administration g1enn.denman @yakimawa.gov
Suzanne DeBusschere Code Administration Suzanne.debusschere(2 vakimawa.gov
Dave Brown Water /Irrigation dave.brown(yakimawa.gov
Mike Shane Engineering mike.shane@yakimawa.gov
Randy Meloy Wastewater randy.meloy(c iyakimawa.gov
Scott Schafer Public Works Dept scott.schafer re
James Dean Utilities .1ames.deantr7u,vakimawa.gov
James Scott Refuse Division James.scott@yakimawa.gov
Kevin Futrell Transit Division kevin.futrell(a7vakimawa.gov.
Joan Davenport Planning joan.davenport@yakimawa.gov
For the Record /File
Binder Copy Revised 12/2014 •
Type of Notice: f) +C Dc t + 1 00 a I4ear l
File Number(s): 1 DC 2 - I q
Date of Mailing: 31/(1
DOC.
INDEX
# J L
Ibarra, Rosalinda
From: Ibarra, Rosalinda
Sent: Tuesday, December 23, 2014 3:47 PM
To: Brown, Michael; Crockett, Ken; 'Daily Sun News - Bob Story'; Ibarra, Rosalinda; 'KAPP TV
News'; 'KBBO -KRSE Radio - manager'; 'KCJT TV News'; 'KDNA Radio'; 'KEPR TV News';
'KIMA TV - Jim Niedelman'; 'KIMA TV News'; 'KIMA TV News - Crystal Bui';
'KIT /KATS /DMVW /KFFM - Lance Tormey'; 'KNDO TV News'; 'KUNS -TV Univision'; 'KVEW
TV News'; Lozano, Bonnie; 'NWCN News'; 'NWPR - Anna King'; Randy Luvaas - Yakima
Business Times; 'Reed C. Pell'; 'Tu Decides - Albert Torres'; 'Yakima Herald Republic -
Craig Troianello'; 'Yakima Herald Republic - Erin Snelgrove'; 'Yakima Herald Republic -
Mai Hoang'; 'Yakima Herald Republic - Mark Morey'; 'Yakima Herald Republic
Newspaper'; 'Yakima Valley Business Times'; 'Yakima Valley Business Times - George
Finch'; Beehler, Randy
Cc: Aaron, Robbie; Belles, Carolyn; Brown, David; Caruso, Joe; Cook, Debbie; Cutter, Jeff;
Davenport, Joan; Dean, James; DeBusschere, Suzanne; Denman, Glenn; Futrell, Kevin;
Kallevig, Dana; Kunkler, Mark; Matthews, Archie; Maxey, Lisa; Meloy, Randy; Riddle, Dan;
Rizzi, Dominic; Robertson, Jerry; Schafer, Scott; Scott, James; Shane, Mike; Soptich, Mark
Subject: NOTICE OF PETITION AND PUBLIC HEARING - Community Health of Central WA / Paul
Kaschmitter - RWV #002 -14
Attachments: NTC OF PETITION AND HEARING - Kaschmitter-ComHealthofCentWA - RWV.pdf
Attached is a Notice of Petition and Public Hearing regarding the above - entitled project. If you have any questions
regarding this proposal please contact Robbie Aaron at (509) 576 -6736. Thank you!
Rosalinda Ibarra
Community Development Administrative Assistant
rosalinria.ibarra(ii) mawa.eov
City of Yakima Planning l)iv isiou
129 North 2nd Street, Yakima WA 98901
p: (509) 575 -6183 * f: (509) 575 -6105
•
►I
FL YKM
This email is a public record of the City of Yakima and is subject to public disclosure unless exempt under the Washington Public
Records Act. This email is subject to the State Retention Schedule.
DOC.
INDEX
1 ��
,, , Ad Proof
NOTICE OF PETITION AND
PUBLIC HEARING
DATE: 12/23/2014 TO:
- res. , Petitioner and Adjoining
A daily part of your life : ,, i i yakima- herald,com Property Owners FROM: Joan
Davenport, AICP, Community
Development Director SUB -
- Ad Proof- JECT: Notice Petition for the
vacation of f platted street right -
of -way. RWV #002 -14 NOTICE
OF PETITION The City of Yaki-
ma, Department of Community
This is the proof of your ad scheduled to run on the f Paul Kaschmitter
behalf of Community Health of
dates indicated below. Central Washington, r a request
portion p
to vacate a rton of platted
right -of -way, as described
Please confirm placement prior to deadline
herein. to application co is avail-
il-
complete a lication is avail-
able for public review at the City
of Yakima Planning Division,
by contacting your 2nd floor City Hall, 129 North
2nd St, Yakima, WA. NOTICE
This
account rep at (509) 577 -7740. OF PUBLIC HEARING.
hatthe
request requires that the He ar-
ing Examiner hold an open
record public hearing. The
public hearing is scheduled to
be held on Thursday, January
Date: 12/22/14 Run Dates: 22, 2015, beginning at 9:00
a.m., in the Council Chambers,
Yakima Herald - Republic 12/23/14 City Hall, 129 N 2nd St, Yakima,
Account #: 110358 YakimaHerald.com 12/23/14 WA. Any person desiring to
express their views on this mat -
Company Name: CITY OF YAKIMA PLANNING ter is invited to attend the public
hearing or to submit written
comments to: Joan Daven-
Contact: ROSALINDA IBARRA port, Community Develop-
ment Director City of Yakima,
• Department of Community &
Address: DEPT OF COMMERCIAL Economic Development 129
North
ECONOMICAL DEVELOPEME 98901
If you ouu have an Yakima, -
y y ques
129 N 2ND STREET tions on this proposal, please
call Robbie Aaron, Assistant
YAKIMA, WA 98901 -2720 Planner at (509) 576 -6736.
Other Permits Required:
None
Telephone: (509) 575 -6164
(502910) December23, 2014
Ad ID: 502910
Start: 12/23/14
Stop: 12/23/14
Total Cost: $88.13
Agate Lines: 49
# of Inserts: 2
Ad Class: 6021
Account Rep: Simon Sizer
Phone # (509) 577 -7740
Email: ssizer @yakimaherald.com
DOC.
INDEX
# 4" -,3
Ibarra, Rosalinda
From: Simon Sizer <ssizer @yakimaherald.com>
Sent: Monday, December 22, 2014 10:14 AM
To: Ibarra, Rosalinda
Subject: Re: 12 -23 -2014 Legal Notice: Ntc of Petition and Hearing - Kaschmitter - RWV #002 -14
Attachments: IBARRA -68- 502910 -1.pdf
e • al Notices_ __
NOTICE OF PETITION AND
I've scheduled this legal notice for 12/23, for a cost of $88.13. PUBLIC HEARING
DATE: 12/23/2014 TO:
Petitioner and Adjoining
On 12/19/14 4:44 PM, "Ibarra, Rosalinda" <Rosalinda.lbarra @yakimawa.gov> wrote:
Property r AICP, Co uniity
Development Director SUB-
JECT: Notice of Petition for the
Simon, please publish only once on Tuesday December 23, 2014. vacation of platted street right -
Send affidavit of publication and invoice to: Account 11002 of -way. RWV #002 -14 VICE
OF I=T TI N The City of Yaki-
City of Yakima, Planning Division —129 North 2nd Street, Yakima, WA 98901 ma, Department of Community
Development has received,
from Paul Kaschmitter, on
Rosalinda Ibarra behalf of Community Health of
Central Washington, a request
Community Development Administrative Assistant to vacate a portion of platted
rosalinda.ibarra @yakimawa.gov right -of -way, as described
herein. The file containing the
complete application is avail -
City of Yakima I Planning Division <http: / /www.yakimawa.gov /services /planning /> able for public review at the City
129 North 2nd Street, Yakima WA 98901 of Yakima Planning Division,
509 575 - 6183 f: (509) 575 - 6105 2nd floor k iy a, WA. 129 North
� ) * ( ) 2nd 5t, Yakima, WA. NOTICE
OF PUBLIC fl This
request requires that the Hear -
r ing Examiner hold an open
record public hearing. The
FLY public hearing is scheduled to
be held on Thursday, January
22, 2015, beginning at 9:00
This email is a public record of the City of Yakima and is subject to public disclosure unless e) a.m.. in the Council Chambers,
City Hall, 129 N 2nd St, Yakima,
Washington Public Records Act. This email is subject to the State Retention Schedule, WA. Any person desiring to
express their views on this mat-
ter is invited to attend the public
hearing or to submit written
comments to: Joan Daven-
port, Community Develop-
ment Director City of Yakima,
Department of Community &
Economic Development 129
North 2nd Street Yakima, WA
Simon Sizer I Legal & Obituary Clerk 98901 It you have any ques-
ublic tions on this proposal, please
Yakima Herald Re
p call Robbie Aaron, Assistant
114 North 4th Street, Yakima, WA 98901 Planner at (509) 576 -6736.
Other Permits Required:
Phone: (509) 577 -7740 I Fax: (509) 577 -7766 None
www.yakima - herald.com (502910) December 23, 2014
Reaching 73% of Yakima County adults every week in print and online
2012 Scarborough Report Yakima /Pasco /Richland /Kennewick R2, (Fall 2011 - Fall 2012) Yakima County
DOC.
INIDEx
1 # 3
NOTICE OF PETITION AND PUBLIC HEARING
DATE: December 23, 2014
TO: Petitioner and Adjoining Property Owners
FROM: Joan Davenport, AICP, Community Development Director
SUBJECT: Notice of Petition for the vacation of platted street right -of -way. RWV #002 -14
NOTICE OF PETITION
The City of Yakima, Department of Community Development has received, from Paul
Kaschmitter, on behalf of Community Health of Central Washington, a request to vacate a portion
of platted right -of -way, as described herein. The file containing the complete application is
available for public review at the City of Yakima Planning Division, 2nd floor City Hall, 129 North
2nd St, Yakima, WA.
NOTICE OF PUBLIC HEARING
This request requires that the Hearing Examiner hold an open record public hearing. The public
hearing is scheduled to be held on Thursday, January 22, 2015, beginning at 9:00 a.m., in the
Council Chambers, City Hall, 129 N 2nd St, Yakima, WA. Any person desiring to express their
views on this matter is invited to attend the public hearing or to submit written comments to:
Joan Davenport, Community Development Director
City of Yakima, Department of Community Development
129 North 2nd Street
Yakima, WA 98901
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 the Department of Community
Development present at the examiner's public hearing.
If you have any questions on this proposal, please call Robbie Aaron, Assistant Planner at (509)
•
576 -6736.
Other Permits Required: None
Encl.: Petition, Written Narrative, Site Plan, and Mailing Map
DOC.
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# F -3
J
1 �Y
r C� {
1 .
4 J'
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 5.E.
For Meeting of: December 02, 2014
i L 1 I - 1 L f i - r T T 1
ITEM TITLE: Resolution setting January 22, 2015 as the date for an open
record public hearing before the Hearing Examiner to vacate
the south 5 feet of Tieton Drive between South 5th Ave &
South 4th Ave
SUBMITTED BY: Joan Davenport, AICP, Community Development Director
Robbie Aaron, Assistant Planner (509) 576 -6736
SUMMARY EXPLANATION:
Community Health of Central Washington has submitted a petition requesting the vacation of
the south 5 feet of Tieton Drive between South 5th Ave & South 4th Ave.
Resolution: X Ordinance:
Other (Specify):
Contract: Contract Term:
Start Date: End Date:
Item Budgeted: Amount:
Funding Source /Fiscal
Impact:
Strategic Priority: Improve the Built Environment
Insurance Required? No
Mail to:
Phone:
APPROVED FOR
SUBMITTAL: 41#6.e.".-(4-4- City Manager
RECOMMENDATION:
Adopt the resolution setting the date of the public hearing for this requested right -of -way
DOC.
INDEX
vacation for January 22, 2015.
ATTACHMENTS:
Description Upload Date Type
0 resolution 1112512014 Cover Memo
D petitlan 11/25/2014 Covei Memo
0 Site Plan RWM/002 -14 11/17/2014 Backup Material
DOC.
INDEX
# F -9-
RESOLUTION NO. R- 2014 -141
A RESOLUTION fixing time for a public hearing before the Hearing Examiner on
January 22, 2015, on a petition (Petition No. 14 -03) to vacate the
south 5 feet of Tieton Drive between South 5 Ave & South 4
Ave.
WHEREAS, pursuant to RCW 35.79.010, a petition has been filed with the City Clerk,
requesting the vacation of a street or alleyway (or portion thereof) within the City of
Yakima, a true copy of which petition is attached and incorporated into this resolution
(Exhibit "A "); and
WHEREAS, such a petition has been signed by the owners of more than two- thirds (2/3)
of the property abutting upon the street or alley (or portion thereof) which is requested to
be vacated, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The above - referenced petition for vacation is hereby referred to the Hearing
Examiner for public hearing pursuant to section 1.43.080 of the City of Yakima Municipal
Code The Hearing Examiner is directed to make written recommendation to the City
Council regarding said petition The Hearing Examiner's Public Hearing shall be held on
January 22, 2015 at 9:00 a.m. in the City Council Chambers of City Hall, which date and
time are not more than sixty (60) days nor less than twenty (20) days after the passage
of this resolution.
It is further resolved that the City Clerk give notice of the Hearing Examiner in the form
and manner prescribed by RCW 35 79.020 and Section 1 43 080 of the City of Yakima
Municipal Code.
ADOPTED BY THE CITY COUNCIL this 2 day of December, 2014.
/1 4
Maifor
A ilk EST: j r �
; . '
V City Clerk �
1 " f
�., ti
•
•
DOC.
INDEX
# -o'Z
EXHIBIT "A" RECEIVED
ocl 2
PETITION NO. / 4/ • 3 QTY ( YAKIMA
'14 OCT 24 P3 :45 CITY OF YAKIMA, WASHINGTION p�,p,N ���'
PETITION TO VACATE STREET OR ALLEY
To the City Coun it of the City of Yakima, Washington.
irn s �5b ' the 'undersigned petitioners and, pursuant to RCW Chapter 35. 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 two- 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.
PAL L. KASc.�- /MITTS,. FOR.
Co► 1 t3 IT'�� '-1 AL TH_ 5 5. ST AV a..
Ow Address
-1/1 totmbu /00
ignature Date Ownership %
Owner Address
Signature Date Ownership %
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 be vacated as well as their address, percentage of frontage on the right -of -way, and signature with
date and the total ownership percentage of the property owners participating in this vacation)
Revised 07/2014 t OC„ Page 16
1}u?
• t � COMMUNITY DEVELOPMENT DEPARTMENT
y Planning Division
I t 7 ...i , t
4 C129 North Second Street, 2nd Floor Yakima, Washington 98901 ,jt ' Phone (509) 575 -6183 • Fax (509) 575 -6105
� .. i ask.planning@yakinunva.gov • http://www.yakintawa.gov/services/plannhig/
NOTICE OF COMPLETE APPLICATION
November 18, 2014
Community Health of Central Washington
Attn: Paul Kaschmitter
501 S. 5th Ave
Yakima, WA 98902
Subject: Determination of Complete Application for RWV #002 -14
Location: Tieton Drive between South 5th Avenue and South 4th Avenue
Adjacent Parcel Numbers: 181324 - 44424, 44429
This application for a right -of -way vacation was submitted on October 24, 2014. Following
initial review, this application has been determined to be complete as of November 18, 2014.
Continued processing of your request will include, but is not limited to, the following actions:
1. We will petition the City Council to set a date before the Hearing Examiner. (The next
available City Council Meeting is on 12/02/2014)
2. Upon receiving a date for the Hearing Examiner, a Notice of Petition & Public Hearing
will be sent to property owners within 300 feet of the site. A 20 -day comment period is
provided by the City of Yakima for public comments.
. 3. During the comment period, a staff report will be prepared by the Planning Division,
which will include a recommendation for approval, approval with conditions, or denial.
4. The City of Yakima Hearing Examiner will hold the identified open- record public
hearing at 9:00 AM on the specified date in the City of Yakima Council Chambers.
i 5. Following the public hearing, the City of Yakima Hearing Examiner will render his
recommendation to City Council on this matter within ten (10) business days. The
Hearing Examiner's recommendation will go forward to the City Council for final action.
You may contact me at (509) 576 -6736 if you have any questions regarding this matter.
Sincerely,
Robbie Aaron
Assistant Planner
DOC.
INDEX
# �._. /
PAUL KASCHMITTER/COMMUNITY HEALTH OF
CENTRAL WASHINGTON
RWV #002 -14
EXHIBIT LIST
CHAPTER G
Correspondence
DOC DOCUMENT DATE
INDEX #
G -1 Letter from Mike Maples, Community Health of Central 07/01/2014
Washington
July 1, 2014
RE: Code Administration /Regulatory Permit
Spoke with Ms. Hazen by phone today -
Re: letter of 6/20/14
• CHCW had not previously been aware of the existence of a Regulatory Permit for right of way
encroachment, or need to re- apply.
• Prior to purchase, Solarity did disclose the fact of the building being 3.5 ft at the NW corner and
3 ft at that NE corner on city property.
• On 8/8/13, Jake Jundt (acting on behalf of CHCW as construction manager) had a conversation
with Ms. Davenport about the encroachment, and CHCW's desire to resolve the issue by making
application for a lot line adjustment, and purchasing the subject land from the city.
o As CHCW was not, at that time, in possession of the property, no action could be taken.
• With this notice, the encroachment issue is raised anew, and seems to be closely entwined with
the regulatory permit in question.
• The following proposal was made to Ms. Hazen:
o It continues to be the intent of CHCW to resolve the issue of encroachment.
o We would like to engage Jake Jundt to follow through on that, and he is happy to do so,
but is not available until mid - August.
o At that time, we would propose to begin the process of lot line adjustment.
o To the extent that the lot line adjustment may not fully resolve the need for a
Regulatory Permit, that application would be completed in concert, as necessary, and as
impacted by the lot line adjustment.
• Ms. Hazen expressed that the plan would be acceptable.
Mike Maples, MD, CEO
1
Community Health
of Conhal Washington
Cc: Jake Jundt
DOC.
INDEX
# 1
11 Ill 11111 1 11 1 11 111 ill 11
*7896286 15*
FILE# 7896286
YAKIMA COUNTY, WA
01/04/2016 01:11:45PM
ORDINANCE
PAGES: 15
CITY OF YAKIMA PLANNING
Recording Fee: 87.00
January 4, 2016
Return To:
Yakima City Clerk
129 North Second Street
Yakima, WA 98901
Document Title: Ordinance No. 2015 -014
Right -of -Way vacation submitted by Paul Kaschmitter,
on behalf of Community Health of Central Washington,
for a portion of unnamed public right -of -way of the
south five feet of Tieton Drive, 847 square feet,
between South 4 Avenue and South 5th Avenue
Grantor: City of Yakima
Grantee: The Public
ABBREVIATED DESCRIPTION:
Legal Descriptions for Vacated Portions of unnamed public right -of -way,
approximately 847 square feet, of the south 5 feet of Tieton Drive running east to
west between South 4t Avenue and South 5 Avenue in the City of Yakima, WA
LOTS 15 AND 16, BLOCK 276, LUND'S ADDITION TO NORTH
YAKIMA, NOW YAKIMA, RECORDED IN VOLUME "A" OF PLATS,
PAGE 103, RECORDS OF YAKIMA COUNTY, WA. AND LOT 1, BLOCK
276, LUND'S ADDITION TO NORTH YAKIMA, NOW YAKIMA,
RECORDED IN VOLUME "A" OF PLATS, PAGE 103, RECORDS OF
YAKIMA, COUNTY, WA.
PARCEL NUMBERS:
Adjacent to parcel numbers181324 -44424 and 181324 - 44429.
ORDINANCE NO. 2015 -014
AN ORDINANCE relating to land use; vacating a portion of the south five feet of
Tieton Drive right -of -way between South 4 Avenue and South 5th
Avenue in the City of Yakima, Washington.
WHEREAS, by petition dated October 24, 2014 (Petition #14 -03), Paul
Kaschmitter, on behalf of Community Health of Central Washington, 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, Community Health of Central Washington, 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 January 22, 2015, 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 5, 2015; and
WHEREAS, on February 20, 2015, the Hearing Examiner issued Hearing
Examiner's Recommendation regarding RWV #002 -14, (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, 2015, 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 $2,319.30, 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 portion of the south 5 feet of Tieton Drive right -of -way running
east to west between South 4 Avenue and South 5 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 February 20,
2015 Hearing Examiner's Recommendation (RWV #002 -14) 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 Community Health of Central Washington's satisfaction of the following
conditions, as stated on page 11 of the Hearing Examiner's Recommendation:
1. Any part of the canopy that encroaches over the sidewalk and over the
Tieton Drive right -of -way within the northeastern portion of Parcel Number
181324 -44424 shall either be removed or a City Right -of -Way Use Permit
shall be obtained prior to the effective date of this requested street right -of-
way vacation.
2. Compensation in the amount of $2,319.30 shall be paid to the City prior to
the effective date of this requested street right -of -way vacation.
3. The vacated street right -of -way areas shall become part of the Parcel
Numbers 181324 -44424 and 181324 -44429 respectively and shall be
zoned Light Industrial (M -1).
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.
PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved
this 7 day of April, 2015.
/.41
ATTEST: `�k Micah Cawley, Mayor
6', A ! A aaa, 1
City Clerk) z 1 ['I , . i
Publication Date: April 10, 2015 + . 4
Effective Date: May 10, 2015 O4y
"Exhibit A"
EXISTING LEGAL DESCRIPTION FOR PARCEL NO. 181324 -44429
Lots 15 and 16, Block 276, Lund's Addition to North Yakima, now Yakima, recorded in Volume
"A" of Plats, Page 103, records of Yakima County, Washington.
LEGAL DESCRIPTION OF TIETON DRIVE RIGHT OF WAY TO BE VACATED FOR
PARCEL NO. 181324 -44429
Beginning at the Northwest corner of Lot 16, Block 276, Lund's Addition to North Yakima, now
Yakima, recorded in Volume "A" of Plats, Page 103, records of Yakima County, Washington;
thence North 71°23'15" East, along the North line of said Lot, 149.97 feet to the centerline of
vacated alley within said block; thence North 18 °37'38" West, along said centerline extended, 3.13
feet; thence South 74° 47'02" West 10.72 feet; thence South 70 °56'30" West 139.28 feet to the
West line of said Lot 16 extended; thence South 18 °37'45" East, along said extended line, 2.68
feet to the Point of Beginning.
SUBJECT TO an easement for utilities over, across and through the East 10 feet thereof.
Containing 485 square feet.
EXISTING LEGAL DESCRIPTION FOR PARCEL NO. 181324 -44424
Lot 1, Block 276, Lund's Addition to North Yakima, now Yakima, recorded in Volume "A" of
Plats, Page 103, records of Yakima County, Washington.
LEGAL DESCRIPTION OF TIETON DRIVE RIGHT OF WAY TO BE VACATED FOR
PARCEL NO. 181324-44424
Beginning at the Northeast comer of Lot 1, Block 276, Lund's Addition to North Yakima, now
Yakima, recorded in Volume "A" of Plats, Page 103, records of Yakima County, Washington;
thence South 71°23'1r West, along the North line of said Lot, 149.97 feet to the centerline of
vacated alley within said block; thence North 18°37'38" West, along said centerline extended, 3.13
feet; thence North 74° 47'02" East 18.79 feet; thence North 71°03'10" East 131.22 feet to the East
line of said Lot 1 extended; thence South 18°37'30" East, along said extended line, 2.78 feet to the
Point of Beginning.
SUBJECT TO an easement for utilities over, across and through the West 10 feet thereof.
Containing 362 square feet.
RECEIVED sa c s w . ,
FEB 0 5 2015 '
CITY OF YAKIMA `
PLANNING DIY. pQ 33
DOC. ., V
� .�s LANpp
INDEX
•
"Exhibit B"
City of Yakima, Washington
Hearing Examiner's Recommendation
February 20, 2015
In the Matter of an Application /Petition )
for Vacation of Street Right -of -Way )
Submitted by: ) RWV #002 -14
) Petition # 14 -03
Community Health of Central Washington )
)
To Vacate a Portion of the Tieton Drive )
Right -of -Way Between 4 and 5th Avenues )
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
application/petition commencing on January 22, 2015.
(2) Assistant Planner Robbie Aaron presented the Planning Division staff report
recommending approval of the requested street right -of -way vacation. Supervising
Planner Jeff Peters testified that approval of the requested street right -of -way vacation
would provide an option for the applicant/petitioner to modify or remove the encroaching
canopy on one of the parcels or to otherwise continue to apply for annual Right -of -Way
Use Permits for that parcel.
(3) The petitioner's representatives, Paul Kaschmitter of Community Health of
Central Washington and Joe Baker of PLSA Engineering — Surveying — Planning, testified
in favor of the requested street right -of -way vacation.
{
Community Health of Central Washington 1
Vacation of Portion of Tieton Drive Right -
Of -Way Between 4 and 5 Avenues
RWV #002 -14; Petition #14 -03
(4) Since the request was to vacate the south five feet of Tieton Drive right -of-
way between 4 and 5th Avenues and since a recommended condition was to exclude the
sidewalk areas from the area to be vacated and to provide a new legal description
accomplishing that result, the hearing was continued for two weeks until February 5,
2015, for the petitioner to submit a new legal description and illustration including only
the portion of the street right -of -way that is south of the sidewalk areas for the record of
this matter. The hearing was continued on the record with notice thereof posted at the
entrance of the hearing room.
(5) At the continued hearing on February 5, 2015, a revised legal description and
illustration dated February 5, 2015, which both included only the portion of the Tieton
Drive street right -of -way south of the sidewalk areas were submitted for the record with
additional testimony from Mr. Aaron, Mr. Kaschmitter and Mr. Baker in favor of the
revised application/petition for vacation of street right -of -way.
(6) No one testified or submitted written comments in opposition to this applica-
tion/petition for vacation of street right -of -way.
(7) This street right -of -way vacation recommendation has been submitted within
ten business days of the conclusion of the hearing on February 5, 2015.
B. Summary of Recommendation. The Hearing Examiner recommends that the
Yakima City Council approve this request to vacate a portion of street right -of -way on
the south side of Tieton Drive between 4 and 5 Avenues, subject to conditions.
C. Basis for Recommendation. Based upon a view of the site without anyone else
present on January 21, 2015; the staff report, exhibits, testimony and evidence presented
at an open record public hearing commencing on January 22, 2015, and concluding on
February 5, 2015; and a review of the Yakima Urban Area Comprehensive Plan, the
Yakima Urban Area Zoning Ordinance, Chapter 35.79 of the Revised Code of
Community Health of Central Washington 2
Vacation of a Portion of Tieton Drive Right -
Of -Way Between 4 and 5"' Avenues
RWV #002 -14; Petition #14 -03
Washington and the City of Yakima's street right -of -way vacation policies; the Hearing
Examiner makes the following:
FINDINGS
I. Applicant/Petitioner /Property Owner. The applicant/petitioner /property owner
is Community Health of Central Washington (CHCW) and the site address is 501 South
5 Avenue, Yakima, Washington. The CHCW representatives at the hearing for this
matter were Paul Kaschmitter and Joe Baker.
3
II. Description of Right -of -Way Vacation Request. The main aspects of this street
right -of -way vacation request may be summarized as follows:
(1) This is a request to vacate street right -of -way along the south side of Tieton
Drive between 4th and 5 Avenues.
(2) The parcels adjacent to the subject right -of -way are Assessor's Parcel Number
181324 -44424 located at the corner of 4 Avenue and Tieton Drive and Assessor's Parcel
Number 181324 -44429 located at the corner of 5 Avenue and Tieton Drive. The alley
on the south side of Tieton Drive between 4 and 5 Avenues has previously been
vacated and is currently a public utility easement recorded under Yakima County
Auditor's File No. 2380018.
(3) The applicant/petitioner is the record owner of 100% of the private property
contiguous to the subject right -of -way.
(4) The portion of Tieton Drive right -of -way to be vacated along the north side of
the eastern parcel, Parcel Number 181324 - 44424, which consists of 362 square feet is
legally described as follows:
}
Community Health of Central Washington 3
Vacation of a Portion of Tieton Drive Right-
Of -Way Between 4 and 5 Avenues
RWV #002 -14; Petition #14 -03
"Beginning at the Northeast comer of Lot 1, Block 276, Lund's Addition to
North Yakima, now Yakima, recorded in Volume "A" of Plats, Page 103,
records of Yakima County, Washington; thence South 71 °23'15" West,
along the North line of said Lot, 149.97 feet to the centerline of vacated
alley within said block; thence North 18 °37'38" West, along said centerline
extended, 3.13 feet; thence North 74 °47'02" East 18.79 feet; thence North
71 °03'10" East 131.22 feet to the East line of said Lot 1 extendcd; thence
South 18 °37'30" East, along said extended line, 2.78 feet to the Point of
Beginning.
SUBJECT TO an easement for utilities over, across and through the West
10 feet thereof."
(5) The portion of Tieton Drive right -of -way to be vacated along the north side of
the western parcel, Parcel Number 181324 - 44429, which consists of 485 square feet is
legally described as follows:
"Beginning at the Northwest corner of Lot 16, Block 276, Lund's Addition
to North Yakima, now Yakima, recorded in Volume "A" of Plats, Page
103, records of Yakima County, Washington; thence North 71°23'15" East,
along the North line of said Lot, 149.97 feet to the centerline of vacated
alley within said block; thence North 18°3T38" West, along said centerline
extended, 3.13 feet; thence South 74 °47'02" West 10.72 feet; thence South
70 °56'30" West 139.28 feet to the West line of said Lot 16 extended; thence
South 18 °37'45" East, along said extended line, 2.68 feet to the Point of
Beginning.
SUBJECT TO an easement for utilities over, across and through the East
} 10 feet thereof."
(6) City of Yakima records indicate that the subject right -of -way was originally
dedicated to the City by the Plat of Lund's Addition to North Yakima on September 19,
1904. A drive- through canopy was constructed on the northeastern portion of the eastern
parcel, Parcel Number 181324 - 44424, for the former Solarity Credit Union use sometime
after 2006 which encroaches over the south 4.13 feet of the Tieton Drive right -of -way
and over the south 1.35 feet of the sidewalk in that location. A building was constructed
on the western parcel, Parcel Number 181324- 44429, for the former Solarity Credit
Union use in 1980 that encroaches a distance over the Tieton Drive right -of -way which
Community Health of Central Washington 4
Vacation of a Portion of Tieton Drive Right-
, Of -Way Between 4 and 5th Avenues
RWV #002 -14; Petition #14 -03
ranges from 3.13 feet at the northeastern corner of that parcel to 2.68 feet at the
northwestern corner of that parcel. The existing sidewalk is adjacent to the building on
that parcel.
(7) The reason behind this request is to dispense with the need to annually apply
for City Right -of -Way Use Permits for both parcels and to help in obtaining financing in
1 the future. The existing canopy would have to be modified or removed in order to
accomplish that result for the eastern parcel, Parcel Number 181324 - 44424, even if this
street right -of -way vacation request is approved by the City Council. Approval of the
requested street right -of -way vacation would not change the existing use of the street, the
sidewalk, parking areas or adjacent properties.
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- 2014 -141
adopted on December 2, 2014, in accordance with RCW 35.79.010. Notice of the
January 22, 2015, 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:
Publishing of notice in the Yakima Herald - Republic: December 23, 2014
Mailing of notice to the property owners within 300 feet: December 23, 2014
Posting of notice on the property: January 2, 2015
Posting of notice in three public places: January 2, 2015
IV. Hearing Examiner Jurisdiction. The Yakima Municipal Code provides in Sub-
section 1.43.080(H) 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.
Community Health of Central Washington 5
Vacation of a Portion of Tieton Drive Right -
Of -Way Between 4' and 5` Avenues
RWV #002 -14; Petition #14 -03
V. Environmental Review. Street vacations are categorically exempt from State
Environmental Policy Act (SEPA) review per WAC 197- 11- 800(2)(i) and Chapter 6.88
of the Yakima Municipal Code.
VI. Traffic Study. The City Traffic Engineer has determined that a traffic study is not
required for this street right -of -way vacation request.
t 1
VII. Comprehensive Plan. Street rights -of -way do not have a Comprehensive Plan
designation. Upon approval of street right -of -way vacations, the vacated areas receive
the Comprehensive Plan designation of the adjacent properties. The Yakima Urban Area
Comprehensive Plan designates all of the property adjacent to the area to be vacated as
Industrial.
VIII. Zoning and Land Uses. Zoning for the vacated portion of the Tieton Drive
right -of -way will be Light Industrial (M -1) 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 classification of the property to which it accrues. Properties near the area
to be vacated have the following zoning and land uses:
Direction Zoning Land Use
North GC Offices
South M -1 Construction Equipment Sales
East M -1 Offices
West M -1 Construction Services
Community Health of Central Washington 6
Vacation of a Portion of Tieton Drive Right -
Of -Way Between 4' and 5 Avenues
RWV #002 -14; Petition #14 -03
IX. Development Services Team. The Development Services Team met on January
13, 2015. The City Traffic Engineer and Water /Irrigation Engineer recommend that no
part of the existing sidewalk should be vacated.
X. Criteria for the Vacation of Street Right -of -Way. The following five criteria
set forth in the City's application form for street right -of -way vacations are 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 proposed vacation are between 4th
and 5th Avenues on the south side of Tieton Drive and consist of an 847 - square -foot strip
of property ranging in width from 2.68 feet to 3.13 feet. The requested vacation of street
right -of -way would eliminate the encroachment of a building that was built partially on
the right -of -way in 1980 on the westernmost parcel and would allow the applicant/
petitioner to use the property up to the existing sidewalk, either with or without the
existing encroachment of a canopy, on the easternmost parcel. The need for the
I applicant/petitioner to obtain an annual City Right -of -Way Use Permit would be
eliminated for at least one of the parcels and future financing would be simplified without
changing the use of the street, sidewalk areas, parking areas or adjacent properties.
(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 the
applicant/petitioner owns all the private property abutting the areas in this street vacation
request, and all of that property abuts a public street.
(3) Consistency with the Six Year Transportation Improvement Plan, the
Urban Area Comprehensive Plan and 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 or use of the subject Tieton Drive right -of -way area in the City's
Six Year Transportation Improvement Plan or in any of the City's other plans or policies.
Even though there are plans for improvements to the intersection of Tieton Drive and 5th
Avenue in the City's current Transportation Improvement Plan, the City Engineering
Community Health of Central Washington 7
Vacation of a Portion of Tieton Drive Right-
Of-Way Between 4` and 5 Avenues
RWV #002 -14; Petition #14 -03
Department has stated that this proposed street right -of -way vacation would have no
effect on the planned intersection improvements.
(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 eliminate the existing encroachment of existing development on the street right -
of -way without requiring any changes to existing or anticipated development in the area.
(5) Provisions for Relocation of Existing Utilities or Easements for Existing
Utilities. No public or franchised utilities would be affected by the requested street right-
; of -way vacation which is limited to areas south of the existing sidewalk.
XI. Fair Market Appraisal and Compensation to the City. City Resolution R-
2007 -126 does not require a fair market appraisal of the area to be vacated because 110%
of the Yakima County Assessor's assessed value of the square footage to be vacated is
less than $20,000. Since the City has improved and maintained this Tieton Drive right-
of -way following its dedication to the City, compensation in the amount of 55% of the
County Assessor's valuation will be paid by the applicant/petitioner in the total amount
of $2,319.30 which is calculated as follows: $4.95 (value per square foot for Parcel
Number 181324 - 44424) x 362 square feet + $5.00 (value per square foot for Parcel
Number 181324- 44429) x 485 square feet x .55 — $2,319.30. The applicant/petitioner did
{ not object to the recommended square footage amounts to be paid to the City.
CONCLUSIONS
7 i
Based on the Findings, the Hearing Examiner reaches the following Conclusions:
Community Health of Central Washington 8
Vacation of a Portion of Tieton Drive Right-
Of-Way Between 4 and 5' Avenues
RWV #002 -14; Petition #14 -03
(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 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 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 is not required for the requested street right -of -way vacation.
(5) Since the applicant/petitioner owns all the property abutting the Tieton Drive
right -of -way 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
Plat of Lund's Addition to North Yakima on September 19, 1904.
(7) The Yakima Urban Area Comprehensive Plan designates the areas abutting
the area to be vacated as Industrial.
(8) The Yakima Urban Area Zoning Ordinance classifies the areas abutting the
area to be vacated as Light Industrial (M -1).
(9) 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.
(10) This request for street right -of -way vacation would not conflict with any
planned street improvement projects or other City plans or projects.
(11) The requested street right -of -way vacation would not affect any public or
franchised utility lines.
(12) 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.
(13) The recommended amount of compensation to be paid to the City would be a
total of $2,319.30.
Community Health of Central Washington 9
Vacation of a Portion of Tieton Drive Right -
Of -Way Between 4 and 5 Avenues
RWV #002 -14; Petition #14 -03
3
•
(14) If the Yakima City Council approves the requested right -of -way vacation, the
effect of RCW 35.79.040 in this situation is to make the vacated right -of -way a part of
the two parcels of abutting property on the south owned by the applicant /petitioner since
Tieton Drive right -of -way abuts the area to be vacated on the north.
RECOMMENDATION
The Hearing Examiner recommends to the Yakima City Council that the following
portions of street right -of -way on the south side of Tieton Drive between 4 Avenue and
5 Avenue which are described in RWV #002 -14 and Petition #14 -03 as revised at the
hearing SHOULD BE VACATED:
(a) The portion of Tieton Drive right -of -way along the north side of Parcel
Number 181324 -44424 consisting of 362 square feet which is legally described as
follows:
"Beginning at the Northeast corner of Lot 1, Block 276, Lund's Addition to
North Yakima, now Yakima, recorded in Volume "A" of Plats, Page 103,
records of Yakima County, Washington; thence South 71 °23'15" West,
along the North line of said Lot, 149.97 feet to the centerline of vacated
alley within said block; thence North 18 °37'38" West, along said centerline
extended, 3.13 feet; thence North 74 °47'02" East 18.79 feet; thence North
71°03'10" East 131.22 feet to the East line of said Lot 1 extended; thence
South 18 °37'30" East, along said extended line, 2.78 feet to the Point of
Beginning.
SUBJECT TO an easement for utilities over, across and through the West
10 feet thereof."
(b) The portion of Tieton Drive right -of -way along the north side of Parcel
Number 181324 -44429 consisting of 485 square feet which is legally described as
follows:
Community Health of Central Washington 10
Vacation of a Portion of Tieton Drive Right -
Of -Way Between 4 and 5 Avenues
RWV #002 -14; Petition #14 -03
f F
"Beginning at the Northwest comer of Lot 16, Block 276, Lund's Addition
} to North Yakima, now Yakima, recorded in Volume "A" of Plats, Page
103, records of Yakima County, Washington; thence North 71 °23'15" East,
along the North line of said Lot, 149.97 feet to the centerline of vacated
alley within said block; thence North 18 °37'38" West, along said centerline
extended, 3.13 feet; thence South 74 °47'02" West 10.72 feet; thence South
70 °56'30" West 139.28 feet to the West line of said Lot 16 extended; thence
South 18 °37'45" East, along said extended line, 2.68 feet to the Point of
Beginning.
SUBJECT TO an easement for utilities over, across and through the East
10 feet thereof."
The described street right -of -way areas SHOULD BE VACATED SUBJECT TO THE
FOLLOWING CONDITIONS:
(1) Any part of the canopy that encroaches over the sidewalk and over the Tieton
Drive right -of -way within the northeastern portion of Parcel Number 181324 -44424 shall
either be removed or a City Right -of -Way Use Permit shall be obtained prior to the
} effective date of this requested street right -of -way vacation.
(2) Compensation in the amount of $2,319.30 shall be paid to the City prior to the
effective date of' this requested street right -of -way vacation.
(3) The vacated street right -of -way areas shall become part of Parcel Numbers
181324 -44424 and 181324 -44429 respectively and shall be zoned Light Industrial (M -1).
DATED this 20 day of February, 2015.
Gary M. Cuillier, Hearing Examiner
Community Health of Central Washington 11
Vacation of a Portion of Tieton Drive Right -
Of -Way Between 4' and 5 Avenues
RWV #002 -14; Petition #14 -03
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