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HomeMy WebLinkAbout2010-020 Right-of-Way Vacation, Vicinity of 12 South 8th Street 05/05/2010 10:47:50AN CITY OF YAKIMA PLANNING TRANSACTION B 44348 DEPUTY ID: BETHH FILE 1 7690507 ORDINANCE A P6S: 9 RECORDING FEE: $70.00 May 5, 2010 TOTAL: $70.00 TENDER DETAILS: ' ON ACCT /CHARGE: $10.00 Return To: THANK YOU Yakima City Clerk CORKY MATTINGLY AUDITOR 129 North Second Street YAKIMA COUNTY, WA Yakima, WA 98901 Document Title: Ordinance No. 2010 -20 Street Right -of -Way Vacation — vacating a portion of platted right -of -way in the vicinity of 12 South 8 Street Grantor: City of Yakima Grantee: Yakima Neighborhood Health ABBREVIATED LEGAL DESCRIPTION: That portion of the Alley located in Block 151, HUSON'S ADDITION TO YAKIMA, WASHINGTON, recorded in Volume "A" of Plats, page 11, records of Yakima County, Washington, described as follows: (see Exhibit 'A' of attached Ordinance for complete legal description). PARCEL NUMBER: 191319 - 12489, 191319 - 12484, 191319- 12485, 191319- 12486, 191319 -12487 and 191319 -12488 ORDINANCE NO. 2010 -20 AN ORDINANCE relating to land use; vacating a certain portion of right -of -way in the vicinity of 12 South 8th Street. WHEREAS, by application dated April 6, 2009, Yakima Neighborhood Health requested • a vacation of 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 right -of -way; and WHEREAS, Yakima Neighborhood Health, the applicant /petitioner for this right -of -way vacation, owns more than the necessary two thirds of the parcels abutting the property subject to this petition for vacation; and WHEREAS, Les Schwab, who owns property adjacent to a portion of the proposed right - of -way vacation, has also signed the petition for vacation; and WHEREAS, on February 11, 2010, the Hearing Examiner for the City of Yakima conducted an open- record public hearing regarding the requested right -of -way vacation; and WHEREAS, on February 26, 2010 the Hearing Examiner issued Hearing Examiner's Recommendation regarding RWV #001 -09, (the "recommendation ") recommending that the platted alley right -of -way be vacated, said recommendation attached hereto and incorporated herein by this reference as Exhibit "B "; and WHEREAS, at an open- record public hearing held on April 6, 2010, 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 $5,500.00; 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 south 275 -foot portion of the 400 -foot platted alley right -of -way running north and south through Block 151 of , Huson's Addition to North Yakima, more particularly described in Exhibit "A ", attached hereto and incorporated herein by this reference, is hereby vacated by the City of Yakima. 1 Section 2. The findings, conclusions and conditions within the February 26, 2010 Hearing Examiner's Recommendation (RWV #001 -09) 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 Yakima Neighborhood Health's satisfaction of the following conditions, as stated on page 5 of the Hearing Examiner's Recommendation: 1. The vacated rights -of -way shall be zoned Central Business District (CBD). 2. An independent appraisal has been conducted for the proposed alley vacation prior to the City Council Review of this proposal. Compensation, in the amount of $5, 500.00 (50% of the appraised value) shall be paid. 3. The southern curb -cut along Chestnut shall be enclosed with barrier curb. 4. A 20 -foot wide easement for utilities shall be reserved over the vacated alley. 5. No structures shall be built within, or overhanging, the vacated alley. 6. The City of Yakima Street and Traffic manager will determine appropriate and required warning signs and reflective barricades, if necessary, at the dead end portion of the alley. Section 4. Severability: If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 5. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this 20th day of April, 2010. IZI)74 Micah Cawley, yor ATTEST: City Clerk Publication Date: April 23, 2010 Effective Date: May 23, 2010 2 Exhibit " Legal Description That portion of the Alley located in Block 151, HUSON'S ADDITION TO YAKIMA, WASHINGTON, recorded in Volume "A" of Plats, page 11, records of Yakima County, Washington, described as follows: Commencing at the Southeast corner of Lot 1, Block 151; Thence Northerly along the Easterly line of said Alley for a distance of 275.00 feet; Thence Westerly perpendicular to the Easterly line of said Alley for a distance of 20.00 feet to the Westerly line of said Alley; Thence Southerly along the Westerly line of said Alley for a distance of 275.00 feet; Thence Easterly perpendicular to the Westerly line of said Alley for a distance of 20.00 feet to the Easterly line and point of beginning; Situated in Yakima County, State of Washington., • _ iithit • • Ex 66 99 • Hearing Examiner's Recommendation Attached is the Hearing Examiner's Recommendation for the Yakima Neighborhood • Health Right -of -Way Vacation dated February 26, 2010. (File RWV #001 -09) • • . • • • • • • cEivE City of Yakima, Washington ' 1�a � i 201 [f Office of the Hearing Examiner CITY OF y In the Matter of the Application By ) File No.: RWV #001 -09 ) Yakima Neighborhood Health Services ) Hearing Examiner Recommendation ) For the Vacation of a Platted Alley Off of ) East Chestnut Street between South 7th ) Street and South 8` Street. ) INTRODUCTION. Yakima Neighborhood Health Services is seeking the vacation of a part of the alley that runs through its property. An open record public hearing on the request was conducted on February 11, 2010. The City Planning Division provided a staff report and exhibits to the Hearing Examiner and the applicant prior to the hearing. No public comment on the application was received at the hearing. SUMMARY OF RECOMMENDATION. The petition as written should be granted subject to the following conditions: • 1. The vacated rights-of-way shall be zoned Central Business District (CBD). 2. An independent appraisal shall be conducted for the proposed . alley vacation prior to City Council Review of this proposal. Compensation, in the amount of 50% of the appraisal, shall be due. 3. The southern curb -cut along Chestnut shall be enclosed with barrier curb. 4. A 20 -foot wide easement for utilities shall be reserved over the vacated alley. 5. No structures shall be built within, or overhanging, the vacated alley. 6. The City of Yakima Street and Traffic manager will determine appropriate and required warning signs and reflective barricades, if necessary, at the dead end portion of the alley. Based on the staff report and exhibits, the viewing of the site, comments received at the open record hearings, and a review of the City of Yakima 2006 Urban Area Comprehensive Plan (2006 YUACP) and Zoning Ordinance, the Hearing Examiner makes the following FINDINGS. 1. PETITIONER. Yakima Neighborhood Health Services, 12 South 8 Street, Yakima, Washington 98901. Page 1 of 5 Yakima Neighborhood Health Services RWV 0O1-09 uOC INDEX # / _ RECEIVED MAR 0 1 2010 • 2. LOCATION and PARCEL NUMBERS. CITY OF YAKIMA • PLANNING DIV. The subject property is the alleyway behind Yakima Neighborhood Health Services at 12 S 8 Street. The Assessor's Parcel Numbers for the affected properties are .191319 - 12489, 191319- 12484, 191319- 12485, 191319-12486, 191319- 12487, and 191319 -12488 is 181.320- 44002.. 3. PETITION. . The petition is for the vacation of a portion of the platted right of way. The 20 -foot wide north /south right-of-way is currently a paved alley way. The portion proposed to he vacated is the south 275 -feet of the 400 -foot alley. There are no future plans for development of the subject rights-of-way. The City of Yakima's records indicate that the right -of -way for this alley was originally dedicated to the City of • Yakima by the Plat of Huson's Addition to North Yakima, now Yakima, on March 14; 1885. All abutting properties show no dedication of public right -of -way for the continuation of the subject right-of-way, and the surrounding properties prevent their extension. 4. CURRENT ZONING, COMPREHENSIVE PLAN DESIGNATION AND LAND USE. • The subject portions of right -of -way is located in an area with a Future Land Use Designation of CBD Core Commercial. The properties contiguous to the right of way are zoned Central • Business District (CBD). The property being vacated is considered public right -of -way and surrounding properties have the following characteristics. Direction Zoning Land Use North CBD Tire Store, Fast Food Restaurant South R -1 Residential East, CBD Yakima Neighborhood Health West CBD Parking Lot 5. PROPERTY OWNERSHIP. All of the property contiguous to the portion of the right of way proposed to be vacated is owned by the Petitioner, with the exception of an approximately 15 foot segment on the northwest edge which is owned by Les Schwab Tires. The Petitioner owns 90 % of the contiguous properties. 6. ENVIRONMENTAL REVIEW UNDER THE STATE ENVIRONMENTAL POLICY ACT (SEPA). Street vacations are categorically exempt from SEPA review (WAC 197- 11- 800(2)(h) and YMC Ch. 6.88). 7. PUBLIC NOTICE. Page2of5 . y 0 Yakima Neighborhood Health Services DOC. RWV #001 -09 INDEX • The Yakima City Council set the date of this public hearing for street vacation on January 5, 2010 by Resolution #R- 2010 -09; in accordance with RCW 35.79.010. Other notices of this hearing were provided for in the following manner: Posting of property January 22, 2010 Legal ad published January 14, 2010 Adjoining property owner notices mailed January 14, 2010 Posting in three public places January 14, 2010 One comment letter was- received from an adjoining property owner (Les Schwab) in favor of this petition. No comments were received in opposition. 8. CRITERIA FOR VACATION OF RIGHT -OF -WAY Chapter 35.79 Revised Code of Washington (RCW) provides the state's requirements for the process of vacating street right -of -way. The petition for vacation is to signed by the owners of more than two - thirds of the property abutting upon the part of such street or alley sought to be vacated. In this instance, the one petitioner owns 90% of the affected property. The notice requirements set out in the state law have been met, and no objections have been raised by property owners to the vacation. The law authorizes the city, after notice and hearing to vacate an alley, or any part thereof, and, by ordinance, to require that property owners compensate the city in an amount not exceed to one -half the appraised value of the area. vacated. If the alley has been part of a dedicated public right -of -way for twenty -five years or more, the city may require the abutting property owners to compensate the city or town in an amount that does not exceed the full appraised value of the area vacated. The city retain an easement or the right to exercise and grant easements in respect to the vacated land for the construction, repair, and maintenance of public utilities and services. The property within the limits to be vacated belongs 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) 9. APPLICATION OF CITY GUIDELINES FOR RIGHT -OF -WAY VACATIONS. 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: a. The petition must explain the public benefit of the project, the reasoning of the proposed vacation and the limits of the vacation. The petition states that the public benefit and reasoning behind the 'proposed vacation is for public safety of people who visit the Neighborhood Health Center. Closure of the alley to through traffic will improve the safety of pedestrians who park to the west of the current facility. Closure can be accomplished by installation of a barrier curb at the intersection of the alley and East Chestnut street and installation of appropriate signage and barriers at the north end of the vacated segment. b. The vacation of right -of -way does not deny sole access to any property. All adjacent properties to this alley have access via the public street system. No properties will be denied sole access from the proposed alley vacation. RECEIVED Page3of5 Yakima Neighborhood Health Services ;BAR 0 7 ?010 DOC. • Rwv #001 -09 INDEX CITY OF YAKIMf PLANNING ON • c.. Petitions should be consistent with the Six -Year Transportation Improvement Plan, A Urban Area Comprehensive Plan and other official city plans and policies. The current • Transportation Improvement Plan (TIP) does not indicate any planned improvements to this . • right-of-way. d. Vacation requests should be appropriate with existing and anticipated development in the area, based on zoning, current use and long range plans. There is no anticipated development that would be adversely affected by this vacation. Current development can continue to he provided fire protection by access through the Yakima. Neighborhood Health Services Parking lots. • e. 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. There are existing utilities (wastewater, irrigation, electric, phone) in the alley. A 20 -foot easement must be dedicated upon alley . vacation to allow continued use for the public and franchised utilities. The application mentions a future `covered area' over the main entry located at the proposed alley vacation. Structures are . not allowed to be built over easements. The proposed covered area will only be feasible if the existing utilities are relocated, at the developer's expense. 10. 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, consistent with Chapter 35.79 RCW. A fair market appraisal is required since 110% of the Yakima County Assessor's valuation is less than $20;000. Based on calculating 110% of the Assessed Value, the area of the proposed alley vacation is $37,026. According to Section IA of Resolution R- 2007 -126, compensation, in the . amount of 50% of an independently appraised value, shall be required. • Assessed Land Value Value /Square- APN - CBD Zoned Properties Size (Sq.Ft) (100 %) Foot 19131912489 38,500 $ 192,500.00 $ 5.00 19131912484 7,000 $ 63,000.00. $ 9.00 19131912485 7,000 $ . 42,000.00 $ • • 6.00 19131912486 9,800 $ 58,800.00 $ 6.00 • 19131912487 5,600 $ 33,600.00 $ 6.00 19131912488 • 5,600 $ 33,600.00 $ 6.00 19131912569 . 2,075 $ 10,000.00 $ 4.82. • Average: $ 6.12 • Area of Vacated Alley_ 5,500 @ $6.12/Sq. Ft. = $ 33,660.00 $ Assessed Value "110 % = 37,026.00 Based on the preceding findings, the Hearing Examiner makes the following • 410 Page 4 of 5 ir` E'C VED . Yakima Neighborhood Health Services RWV 4001 -09 ''AR o 1. 2010 DOC. INDEX CITY OF YAKIMA # AA - • PLANNING DIV. • MAR G i 20i0 • CONCLUSIONS. CITY OF ' PLANNING D'J 1. The Hearing Examiner has jurisdiction to conduct an open record hearing on the subject petition for a right -of -way vacation and to make a recommendation to the city council. 2. The vacation would promote pedestrian safety. 3. 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. 4. Appropriate easements for public and franchised utilities cart be provided, but must be protected from encroachment from new structures or structural add -ons to current Yakima Neighborhood Health Services buildings. 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. 7. All necessary requirements for street vacations in RCW 35.79 are met. 8. Compensation to the City is required for this right -of -way vacation amount of 50% of the appraised value as determined through an independent appraisal. From the foregoing Findings and Conclusions, the Hearing Examiner makes the following RECOMMENDATION. The petition for the vacation of the south 275 feet of the platted alleyway adjacent to land owned 11) by Yakima Neighborhood Health and Les Schwab should be approved and the described segment of the alleyway vacated, subject to the following conditions: I . The vacated rights -of -way shall be zoned Central Business District (CBD). 2. An independent appraisal shall be conducted for the proposed alley vacation prior to City Council Review of this proposal. Compensation, in the amount of 50% of the appraisal, shall be due. 3. The southern curb -cut along Chestnut shall be enclosed with barrier curb. 4. A 20 -foot wide easement for utilities shall be reserved over the vacated alley. 5. No structures shall be built within, or overhanging, the vacated alley. 6. The City of Yakima Street and Traffic manager will determine appropriate and required warning signs and reflective barricades, if necessary, at the dead end portion of the alley. . DATED THIS 26` DAY OF FEBRUARY, 2010 . l . , ) ---- N PATR!CK "D. SPA IN( `I HEARING EXAMINER RO--TE PORE Page 5of ill Yakima Neighborhood Health Services ®�l✓. RWV #001 -09 INDEX r, • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT • ITEM NO FOR MEETING OF: April 20, 2010 ITEM TITLE: An Ordinance relating to land use; vacating a certain portion of alley right -of- way identified as a portion of public right -of -way in the vicinity of 12 South 8th Street SUBMITTED BY: Michael Morales, Director of Community and Economic Development CONTACT PERSON / TELEPHONE: Joseph Calhoun, Assistant Planner, 575 -6162 SUMMARY EXPLANATION: On April 6, 2010 City Council approved the vacation requested by Yakima Neighborhood Health for a portion of platted a right -of -way more particularly described in Exhibit "A ", and further directed staff to prepare the Vacation Ordinance. The Ordinance has been prepared and is herein submitted for your approval. • Resolution Ordinance X Contract _ Other (Specify) Funding Source N/A APPROVAL FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Approve the Ordinance of vacation. BOARD RECOMMENDATION: The City of Yakima Hearing Examiner recommended approval of this right -of -way vacation on February 26, 2010. COUNCIL ACTION: Council approved the Hearing Examiner's recommendation on April 6, 2010.