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HomeMy WebLinkAbout07/01/2008 08 Right-of-Way Vacation - Vicinity of 74th Avenue, West Englewood Avenue, and Scenic Drive® BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of July 1, 2008 ITEM TITLE: "Open Record" public hearing and consideration of an Ordinance to vacate a portion of a public right -of -way adjacent to Scenic Plateau Subdivision and Englewood West Subdivision located in the vicinity of North 74th Avenue and West Englewood Avenue, and Scenic Drive. SUBMITTED BY: William R. Cook, Director of Community and Economic Development Department CONTACT PERSON/TELEPHONE: Vaughn McBride, Associate Planner, 576 -6315 SUMMARY EXPLANATION: This is an "Open Record" public hearing before the Yakima City Council to consider a petition (Petition No. 8 -01) for the vacation of public right -of -way adjacent to Parcels 181317 -34412 and 181317 -34426 in the SR zoning district located just north of the intersection of N. 74th Avenue and W. Englewood Avenue, and adjacent to Parcels 181317 - 34426, 43439 and 43440 along the improved portion of Scenic Drive. On April 10, 2008, the Hearing Examiner conducted an Open Record Public Hearing on this request. The hearing was continued on April 24, 2008, and concluded on May 8, 2008. The Hearing Examiner issued his recommendation to approve a portion of the requested vacation on May 22, 2008. Resolution Ordinance X Other (Specify) Complete Record Contract Mail to (name and address): Phone: Funding Source APPROVED FOR SUBMITTAL: '����. City Manager STAFF RECOMMENDATION: Uphold the Hearing Examiner's recommendation and direct city staff to prepare appropriate legislation. BOARD /COMMISSION RECOMMENDATION: Hearing examiner has recommended approval of this vacation request. COUNCIL ACTION: 0 r� ORDINANCE NO. 2008- AN ORDINANCE relating to land use; vacating two certain portions of street right -of -way in the vicinity of N. 74t" Avenue & W. Englewood Avenue, and in the vicinity of N. 76th Avenue & Scenic Drive; Larry Loveless and Charles Johnson are the applicants herein. WHEREAS, by application dated February 8, 2008, Larry Loveless & Charles Johnson requested a vacation of two portions of undeveloped platted City of Yakima right -of -way; the first, a north /south 30 -foot -wide right -of -way for the west half of North 74' Avenue as originally configured north of. West Englewood Avenue, the second running east to west along an unimproved portion of Scenic Drive, each of which are 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 undeveloped platted right -of -way; and WHEREAS, Larry Loveless and Charles Johnson, the applicants /petitioners for this right -of -way vacation, own all parcels abutting the property subject to this vacation application; and WHEREAS, on April 10, 2008, the Hearing Examiner for the City of Yakima conducted an open- record public hearing regarding the requested right -of -way vacation that was continued to April 24, 2008 and concluded on May 8, 2008; and WHEREAS, on May 22, 2008 the Hearing Examiner issued Hearing Examiner's Recommendation regarding UAZO R/W VAC #1 -08, (the "recommendation ") recommending that specified portions of undeveloped public 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 July 1, 2008, 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 (vm)ord /Loveless /Johnson- R -O - -W Vacation j Distributed a- -r- 1 - e5 8- Business Meeting oveless Oe p — Amw Johnson Riaht of Wav Vacation A Vacate Right of Way M16wood West Pkt. x Vacate Right of Way T. 0O � III a � 7 05 . NJ, 11 IF, ISIT, T, 4 E CT t 609 AL A LU 4- CO r Pl� 31 60t Awl E E 6 LFQI�-411- ENGtEWOOD AVE 7314 7310 0 7318 :'!IP W VII 71 r51S 5i • 509 7408 1< 7802 15 509 IQ- E50;-- 6 5 6 Oil IN't j tm M1 w r 4 79* 714 Not if �4 WHEREAS, no compensation to the City is necessary for this right -of -way vacation because the City has neither purchased, maintained nor improved the portion of the undeveloped platted alley right -of -way proposed for vacation; 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 remaining north /south 30- foot -wide and 20- foot -wide public street right -of -way for the original configuration of the west half of North 74 Avenue north of West Englewood Avenue.; that portion of the east/west 40- foot -wide unimproved Scenic Drive right- of -way over the north 20 feet of the Johnson property and the south 20 feet of the adjoining property to the north which is about 740 feet long and reserving therein a 40- foot -wide public utility easement in that entire vacated area; the vacated area upon its vacation will be owned, subject to said public utility easement, one half by the adjoining property owner(s) to the south and one half by the adjoining property owner(s) to the north; and the westernmost east/west 40- 0 foot -wide unimproved Scenic Drive right -of -way over the north 20 feet of the Loveless property, which is about 660 feet long including the 20 feet of vacated north /south right -of -way, and over the south 20 feet of the adjoining Knutson and Roux properties to the north and reserving therein a 20- foot -wide public utility easement over the north 20 feet of said vacated public right- of -way area. The vacated area upon its vacation will be owned one half by the adjoining property owner(s) to the south and one half by the adjoining property owner(s) to the north ; these vacated portions being more particularly described in Exhibit "A ", attached hereto and incorporated herein by this reference, are hereby vacated by the City of Yakima. Section 2. The findings, conclusions and conditions within the May 22, 2008 Hearing Examiner's Recommendation (UAZO R/W VAC #1 -08) 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 Larry Loveless' and Charles Johnson's satisfaction of the following conditions, as stated on page 17 and 18 of the Hearing Examiner's Recommendation: ill a. Upon Yakima City Council's approval of the petition to vacate the east/west 40- foot -wide unimproved Scenic Drive right -of -way over the north 20 feet of the (vm)ord /Loveless/Johnson -R -o-W Vacation 2 Johnson property and the south 20 feet of the adjoining property to the north which is about 740 feet long, a 40- foot -wide public utility easement shall be reserved to the City over the entire vacated area. b. Upon the Yakima City Council's approval of the petition to vacate the westernmost east/west 40- foot -wide unimproved Scenic Drive right -of -way over the north 20 feet of the Loveless property, which is about 660 feet long including the 20 feet of vacated north /south right -of -way, and over the south 20 feet of the adjoining Knutson and Roux properties to the north, a 20- foot -wide public utility easement shall be reserved to the City over the north 20 feet of said vacated public right -of -way area. The south 20 feet of the Knutson and Roux properties shall also be subject to a public utility easement but the north 20 feet of the Loveless property will not be subject to such an easement since only the properties to the north will require the extension of the City's sewer line in the future and since there will be no Nob Hill Water Association waterline within that portion of the vacated area. Section 4. Severability: If any section, subsection, paragraph, sentence, clause or 4110 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 1st day of July, 2008. David Edier, Mayor ATTEST: City Clerk Publication Date: Effective Date: (vm)ord /Loveless /Johnson -R -O-W Vacation 3 1 LOVELESS & JOHNSON R/W VAC #1 -08 1 • EXHIBIT LIST 1 City Council 1 Open Record Public Hearing July 1, 2008 1 1 Applicant: File Number: Loveless & Johnson R/W VAC #1 -08 Site Address: Vicinity 74 Ave & Englewood 1 Staff Contact: Vaughn McBride, Associate Planner 1111 Table of Contents 1 CHAPTER AA Hearing Examiner's Recommendation 1 CHAPTER A Staff Report CHAPTER B Maps 1 CHAPTER C Site Plan 1 , CHAPTER D DST Comments (Development Services Team) CHAPTER E Application 1 CHAPTER F Public Comments CHAPTER G Notices 1 1 1 1 LOVELESS & J OHNSON R/W VAC #1 -08 EXHIBIT LIST CHAPTER AA 1 Hearing Examiner's Recommendation A y o R AA -1 Hearing Examiner's Recommendation 5/22/08 1 1 1 1 1 1 1 1 1 1 1 1 1 RECEIVED MAY 22 trt rt '; Gary M. Cuillier ATTORNEY AT LAW OF � 314 N. SECOND STREET YAKIMA, WASHINGTON 98901 (509) 575-1800 FAX: (509) 452 -4601 May 22, 2008 1 Yakima City Planning Division Attn: Rosalinda • 129 North Second Street 1 Yakima, WA 98901 Re: Hearing Examiner's Recommendation Larry Loveless & Charles Johnson, UAZO R/W VAC #1 -08, Petition #08 -01 1 Dear Rosalinda: Enclosed is the Hearing Examiner's Recommendation regarding the above - entitled g g g matter. The hearing was on April 10, 2008, April 24, . 2008 and May 8, 2008 and the record was left open until the signed agreement was received on May 16, 2008. This Recommendation has been issued within ten business days of that date. 1 If you have any questions, please give me a calla Very truly yours, GARY M. CUILLIER 1 GMC: bvv Enclosure cc: Vicki Adams, Yakima County Planning Department, w/ Enclosure Pat Spurgin, City of Yakima Pro Tem Hearing Examiner, w/ Enclosure DOC., . INDEX 1 #M -I 1 REVIEWED MAY 2 2 ; liru; 1 CITY Of' ANY C of Yakima, Washington PLANNId 1 Hearing Examiner's Recommendation May 22, 2008 1 In the Matter of an Application for Vacation ) Of Public. Rights -of -Way Submitted by: ) UAZO R/W VAC # 1 -08 1 Petition # 08 -01 Larry Loveless & Charles Johnson ) - To Vacate Street Rights-of-Way north of ) The Intersection of North 74 Avenue ) 1 With West Englewood Avenue ) 1 Introduction. The chronology of the hearing process relative to this request to vacate public street rights -of -way can be summarized as follows: 1 1) The testimony at the first day of the open record public hearing on April 10, 2008 may be summarized as follows: 1 a) Associate Planner Vaughn McBride indicated that Orlin Knutson who recently purchased one of the parcels had signed the petition the day before the hearing. Larry Loveless testified in favor of the right -of -way vacation requests. William Bailey testified that his signature on the petition for vacation of a portion of the Scenic Drive right -of -way between the improved segments of Scenic Drive was conditioned upon having a private access and utility easement to the east through other properties to the improved portion of Scenic Drive subsequent to the vacation. Mr. Knutson 1 testified that his signature on the petition for vacation was conditioned upon having a utility easement for extending the City's sewerline through neighboring property to the east subsequent to the vacation. b) Mr. McBride requested additional time to analyze the situation since it appeared that some of the signatures on the petition were based on 1 Larry Loveless & Charles Johnson 1 Vacation of Street Rights -of -Way 1 No. of N. 74 & W. Englewood Ave. R/W Vac #1 -08; Petition #08 -01 DOC. 1 INDEX # _ • 1 RECEIVED 1' MAY 2 2 Z CITY OF VARNA unstated expectations that affected property owners had not agreed to, and that some of the properties would be left landlocked without access if all the right -of -way vacation requests were granted. The hearing was therefore continued to April 24, 2008. 1 2) The testimony at the continued hearing on April 24, 2008 may be summarized as follows: a) Mr. McBride indicated that the north/south public right -of -way for the original configuration of the west half of North 74 Avenue met all the criteria for vacation. b) Mr. McBride indicated that the easternmost portion of the requested vacation of the Scenic Drive right -of -way between the two portions of Scenic Drive that are improved on each side did not meet the 1 criteria for vacation because the requested vacation would leave those properties landlocked. Mr. McBride further indicated that even if those property owners were to agree upon the width and location of a private access and utility easement in lieu of the existing public right -of -way, the City does not allow a private access easement to serve more than one property, and the existing public right -of -way is already being used to access the properties. c) Mr. McBride indicated that the rest of the unimproved Scenic Drive right -of -way between the two improved portions of Scenic Drive could be considered for vacation. Mr. McBride indicated that the City Engineering Division recommended that a public utility easement be 1 reserved over the entire 40 -foot width of the area to be vacated because the sewerline on North 74 Avenue ends north of the Johnson property at a manhole in the middle of the north 20 feet of the 40- foot -wide Scenic Drive right -of -way and because there will have to be 10 feet of separation for a Nob Hill Water Association waterline in that right-of-way area. d) Mr. Loveless testified that the planned Nob Hill Water Association waterline will run east from the area near that manhole along the Johnson property to loop with a line to the east, but will not run west along the Loveless property because Mr. Loveless was required to install Nob Hill Water Association waterlines through his property to loop with a line at Scenic Drive on the west. He indicated that unless Nob Hill Water Larry Loveless & Charles Johnson 2 Vacation of Street Rights -of -Way No. of N. 74 & W. Englewood Ave. • R/W Vac #1 -08; Petition #08 -01 D0C. INDEX # AA -1 RECEIVED MAY 2 2 ?008 CITY OF YAKI F , A PLANNING DIV. Association needs to install a waterline north of his property, the 40 -foot- wide right -of -way north of his property should instead be vacated with a reservation of only the north 20 feet thereof for a public utility easement for 1 future extension of the sewerline and for utilities other than water to properties north of his property. He argued that a 40- foot -wide public utility easement only needed to be reserved north of the Johnson property where there would be a need for separation between the City sewerline and the Nob Hill Water Association waterline. e) City Engineering Division representative Mike Antijunti believed that reservation of the north 20 feet of the vacated area north of the Loveless property for a future sewerline extension and for utilities other than water would be satisfactory if Nob Hill Water Association does not plan to locate a waterline in that portion of the vacated area. The record was kept open for submission of a written statement from the Nob Hill 1 Water Association regarding its need or lack of need for a waterline in the right -of -way along the northern boundary of the Loveless property. 3) On April 30, 2008, Mr. McBride forwarded to the Examiner a written recommendation from the City's Chief Engineer Brett Sheffield to the effect that the requested Scenic Drive right -of -way vacation should be denied unless Mr. Johnson moves the sewer manhole 10 feet to the south to the property line so that a reserved 20- foot -wide public utility easement could be equally split between the 1 north and south properties to be fair. The Examiner viewed this submittal as a request to reopen the hearing for additional evidence and testimony which was scheduled for May 8, 2008. 1 4) The testimony at the May 8, 2008 continued public hearing may be summarized as follows: a) Mr. Sheffield summarized his written recommendation dated April 30, 2008. b) Mr. Loveless restated his understanding that a 20- foot -wide public utility easement could fairly be reserved over the 20 feet north of the Loveless property since it is that property which will need sewer and other 1 utilities to be extended in the future and not the Loveless property. 1 Larry Loveless & Charles Johnson 3 Vacation of Street Rights -of -Way No. of N. 74 & W. Englewood Ave. R/W Vac #1 -08; Petition #08 -01 DOC. INDEX # AA -- 1 REMIVED MAY 2 2 aim i,; I CITY �PLAIstE D Scenic Drive right -of -way north of the Johnson property and north of the property 1 to the east of the Johnson property rather than in the right -of -way north of the Loveless property is admitted into the record as Exhibit G -1; the written statement from the City's Chief Engineer Brett Sheffield recommending a fair location for the reserved 20- foot -wide public utility easement along the Loveless property is admitted into the record as Exhibit G -2; and the written agreement of Mr. Knutson 1 and Dr. Roux to allow the reserved 20- foot -wide public utility easement to be entirely on their properties north of the Loveless property and requesting that the sewer line be as close to their south property lines as possible is admitted into the 1 record as Exhibit G -3. In addition, the Examiner requested the respective lengths of the various portions of rights -of -way involved in these petitions which were . provided by Mr. McBride on May 22, 2008 by means of an illustration that will be included in the record as Exhibit G-4. 7) This t -of blic street P u right-of-way vacation recommendation has been � -wa Y submitted within ten business days after the conclusion of the public hearing. Summary of Recommendation. The Hearing Examiner recommends that the City Council (a) approve the petition to vacate the remaining north/south 30 -foot- 1 wide and 20- foot -wide public right -of -way for the west half of the original configuration of North 74`" Avenue north of Englewood Avenue which is about 860 feet long; (b) deny the petition to vacate the portion of the east/west 40 -foot- which 1 wide unimproved Scenic Drive right-of-way east of the Johnson property w c s about 570 feet long; (c) approve the petition to vacate the east/west 40- foot -wide 1 unimproved Scenic Drive right -of -way which extends along the north boundary of the Johnson property for about 740 feet reserving therein a 40- foot -wide public utility easement in that entire vacated area; and (d) approve the petition to vacate the westernmost east/west 40- foot -wide unimproved Scenic Drive right -of -way which extends along the north boundary of the Loveless property for about 660 Larry Loveless & Charles Johnson 5 Vacation of Street Rights -of -Way 1 No. of N. 74 & W. Englewood Ave. R/W Vac #1 -08; Petition #08 -01 DOC. INDEX # AA - i 1 RECEIVED MAY 2 2 2008 CITY OF YAKIMA PLANNING DIV. c) One of the two property owners to the north of the Loveless property, Orlin Knutson, testified that he is willing to have the entire 20- foot -wide public utility easement located along the south 20 feet of his property if the sewerline could be installed as close to the property line as possible because it is his property rather than the Loveless property that will need to be served with utilities in the future. He also testified that he had spoken with the other property owner north of the Loveless property, Dr. Richard Roux, and that he felt the same way. d) Mr. Sheffield testified that the sewerline would have to be kept straight and could - possibly be angled over the entire distance of the line from the existing manhole to end up about three feet closer to the property line than the manhole which is about 10 feet north of the property line. e) Near the close of the hearing, Mr. Knutson signed and submitted a written agreement drafted by Mr. Loveless to reserve the entire 20 -foot- wide public utility easement on his property north of the Loveless property because the easement would be needed for his property and not the Loveless property in the future. He added his request that the line be installed as close to his south property line as possible knowing that there can be no guarantees in that regard. The record was kept open for resubmission of that agreement with Dr. Roux's signature. He was the only other adjoining property owner north of the Loveless property and therefore the only other property owner who could conceivably object to the entire 20- foot -wide public utility easement being reserved only over the properties north of the Loveless property and not over the Loveless i property. 5) On May 16, 2008, Mr. McBride submitted the agreement signed by both Mr. Knutson and Dr. Roux which consents to the reserved 20- foot -wide public utility easement north of the Loveless property being entirely on their respective properties since theirs are the properties that will be benefitted by the easement and which requests that the sewerline be installed as close to their south property line as possible. 6) The written statement from Engineering Technician Chad Redick to the effect that Nob Hill Water Association will only be installing a waterline in the Larry Loveless of Str & s ohn 1 Vacation Street Charles Rights -oJf -Way son 4 No. of N. 74 & W. Englewood Ave. R/W Vac #1 -08; Petition #08 -01 1 DOC. INDEX 1 # AA RECEIVED MAY 2 arfi CITY OF*AMA • i 7q.N1R+ feet reserving a 20- foot -wide public utility easement in the northerly 20 L feet iAli► 46 DM" thereof that would extend over the south 20 feet of the Knutson and Roux properties. Basis for Recommendation. Based upon a view of the site without anyone 1 else present on April 7, 2008; the staff report, exhibits, testimony and evidence presented at an open record public hearing commencing on April 10, 2008 and 1 continuing on April 24, 2008 and May 8, 2008; the exhibits submitted after the hearing; and a review of the Yakima Urban Area Comprehensive Plan, the Yakima Urban Area Zoning Ordinance, Chapter 35.79 of the Revised Code of Washington and the City of Yakima's street vacation policies; the Hearing Examiner makes the following: 1 FINDINGS I. Petitioners /Applicants/Property Owners Adjoining Rights -of -Way Recommended for Vacation. The petitioners /applicants /property owners who I own property adjoining rights -of -way recommended for vacation are Larry and 1 Kimberly Loveless, parcel nos. 181317 -34412 and 34426; Chuck Johnson for WCS Enterprises, LLP (referred to as the Johnson property), parcel nos. 181317- 1 43439, 43440, 43460, 43461 and 43462; Orlin and Paula Knutson (purchasers from Floyd and M argaret Huit), parcel no. 181317- 31410; Richard Roux, parcel 1 1 Larry Loveless & Charles Johnson 6 Vacation of Street Rights -of -Way No. of N. 74 & W. Englewood Ave. R/W Vac #1-08; Petition #08 -01 1 D0 INDEX AA- I RECEIVED 1 MAY 2 2 me CITY OF YAKIMA I no. 181317 - 31411; Tom and Cherie Hanses, parcel no. 181317 - 31426; Roderick and Lisa Plath, a small portion of parcel no. 181317 - 42428; and Jerre Paxton, a small portion of parcel no. 181317-42440. II. Petitioners /Applicants/Property Owners Adjoining Rights -of -Way that are not Recommended for Vacation. The petitioners /applicants/ 1 property owners who own property adjoining rights -of -way that are not recommended for vacation are Jerre Paxton, parcel no. 181317- 42440; Felicia 1 Holtzinger, parcel no. 181317 -43408 [sic. 181317- 43432]; William and Judy Bailey, parcel no. 181317- 43431; and David and Gail Myllenbeck, parcel no. 181317- 43429. 1 III. Location. The respective locations of the public street right -of -way areas 1 involved in these petitions for vacation are: 1) The first and southernmost area requested for vacation is a north/south 1 30- foot -wide right -of -way for the west half of North 74 Avenue as originally configured north of West Englewood Avenue. This right -of -way is about 220 feet long. The petition indicates that the Loveless parcel no. 181317 -34412 abuts this right -of -way on the west and that the Johnson parcel nos. 181317 - 43462, 43461 and part of 43460 abut this right -of -way on the east. This area will be referred to as the north/south 30- foot -wide right -of -way. 2) The location of the second area requested for vacation is a north/south 20- foot -wide right -of -way for the west half of . North 74 Avenue as originally configured north of Englewood Avenue which extends north from the first area requested for vacation. This right -of -way is about 640 feet long. It extends along the east 20 feet of the Loveless parcel no. 181317 - 34426. The Johnson parcel nos. 181317 -43439 and part of 43460 abut this right -of -way on the east. The eastern 1 Larry Loveless & Charles Johnson 7 Vacation of Street Rights -of -Way No. of N. 74 & W. Englewood Ave. R/W Vac #1 -08; Petition #08 -01 DOC 1 INDEX A 1 RECEIVED MAY 2 2 200it 1 CITY OF YA Iffy PLANNING ®111b 1 20 -foot width of this street right -of -way that used to exist over the Johnson parcels has already been vacated by City of Yakima Ordinance No. 2006 -54 so as to become a part of the Johnson property. This area will be refen to as the north/south 20- foot -wide right -of -way. 3) The location of the third area requested for vacation is an east/west 40- foot -wide unimproved right -of -way for Scenic Drive north of the intersection of North 74` Avenue and West Englewood Avenue between the two improved segments of Scenic Drive. It is about 1,970 feet long. The Loveless parcel no. 181317 -34426 abuts the westerly portion of this right -of -way on the south. The I Loveless parcel is about 660 feet long, including the north/south 20- foot -wide right -of -way that will become part of the Loveless parcel. The Knutson parcel no. 181317 -31410 and part of the Roux parcel no. 181317 -31411 abut that westerly 1 portion of this right -of -way on the north. The Johnson parcel nos. 181317 -43439 and 43440 abut the south side of the next portion of this right -of -way to the east which is about 740 feet long. Part of the Roux, Hanses, Plath and Paxton parcel nos. 181317 - 31411, 31426, 42428 and 42440 respectively abut this portion of the right -of -way on the north. The Holtzinger, Bailey and Myllenbeck parcel nos. 181317 - 43432, 43431 and 43429 respectively abut the remaining easterly portion of this right -of -way on the south. The Paxton parcel no. 181317 -42440 abuts the • remaining easterly portion of this right -of -way on the north. The remaining easterly portion of this right -of -way is about 570 feet long. This entire right -of- way area will be referred to as the east/west 40- foot -wide unimproved Scenic Drive right -of -way. IV. Legal Descriptions. The legal descriptions of the rights -of -way involved in 1 this request are: 1) The legal description for the north/south 30- foot -wide right -of -way is described as follows in the reference to "Tract C" in the documentation submitted with the petition: 1 "That part of the West half of the 40 foot wide road right of way running in a North -South direction between Lot 43 and Lot 44 as shown on the plat of 1 Yakima Orchard Highlands Co's Orchard Tracts, according to the plat Larry Loveless & Charles Johnson 8 Vacation of Street Rights -of -Way No. of N. 74 & W. Englewood Ave. R/W Vac #1 -08; Petition #08 -01 DO C. INDEX 1 RECEIVED , MAY 2 2 21)08 CITY OF YAii I PLANNING ®IIW_ thereof recorded in Volume B of plats, Page 31, records of Yakima County, Washington; and that part of the additional 10 foot right of way lying Easterly of Parcel B as shown on that certain short plat recorded in Volume E of Short Plats, Page 15, records of Yakima County, Washington; lying Northerly of the following described line: Commencing at the Northwest corner of Lot 22 of the plat of Englewood West -- Phase 1, according to the plat thereof recorded under Auditor's file number 7537429, records of Yakima County, Washington; thence South 00 °05'22" West along the West line of said Lot 22, a distance. of 60.07 feet to the Southwesterly corner of said Lot 22 and the Point of Beginning of said described line; thence North 55 °10'57" West 15.68 feet to the PC of a curve; thence along a curve to the right having a radius of 175.00 feet, through a central angle of 46 °53'53" and the terminus of said described line." 1 2) The legal description for the north/south 20- foot -wide right -of -way is described as follows in the reference to "Tract B" in the documentation submitted 1 with the petition: "The West half of the 40 foot wide road right of way running in a North- 1 South direction between Lot 38 and Lot 37 as shown on the plat of Yakima Orchard Highlands Co's Orchard Tracts, according to the plat thereof recorded in Volume B of Plats, Page 31, records of Yakima County, Washington; lying Southerly of the Easterly extended North line of said Lot 38 and Northerly of the Easterly extended South line of said Lot 38." 1 3) The legal description for the east/west 40- foot -wide unimproved Scenic Drive right -of -way is described as follows in the documentation submitted with the petition: "That portion of right of way situate between Tracts 27, 28 and 29 on the !. North and Tracts 36, 37 and 38 on the South in the Plat of YAKIMA ORCHARD HIGHLANDS CO'S. ORCHARD TRACTS as recorded in Volume "B" of Plats, page 31, records of Yakima County, Washington lying Westerly of the West right of way line of Scenic Drive on the East Larry Loveless & Charles Johnson 9 Vacation of Street Rights -of -Way No. of N. 74 & W. Englewood Ave. R/W Vac #1 -08; Petition #08 -01 DOC. 1 INDEX RECEIVED 11 MAY 2 2 2008 C ITY OF YAKIMA P LANNING 011/, 1 and Easterly of the East right of way line of Scenic Drive on the West, more particularly described as follows: Beginning at the Southwest corner of Lot 3 in Short Plat 82 -231 as recorded under Auditor's File No. 2663183 records of Yakima County, Washington, said point being situate 10 feet East of the Southwest corner of said Tract 27; thence Easterly, along the South line of Lots 3 and 4 in said Short Plat 82 -231 and the South line of Lot 4 in Short Plat 92 -40 as recorded under Auditor's File No. 2958815, . records of Yakima County, Washington, (being the South line of said Tracts 27 and 28) to the Southeast corner of said Lot 4 in Short Plat 92 -40; thence North 5 feet to o the Southwest corner of Lot 2A in Short Plat 93 -25 as recorded under Auditor's File No. 2996273 records of Yakima County, Washington; 1 1 thence Easterly along the South line of said Lot 2A, 591.47 feet, to a angle point corner of said Lot 2A; thence Northeasterly, 42.50 feet to a angle point corner of said Lot 2A, situate 35 feet West of the. East line of said Tract 29; thence South 75 feet, to a point on the North line of said Tract 36 situate 35 feet West of the Northeast corner thereof; thence Westerly along the North line of said Tracts 36, 37 and 38 to a point situate 30 feet East of the Northwest corner of said Tract 38; thence North 40 feet to the Point of Beginning. ". 11 V. Notices. The. Yakima City Council set April 10, 2008 as the date for the public hearing regarding this request for vacation of rights -of -way by Resolution No. R- 2008 -53 on March 18, 2008 in accordance with RCW 35.79.010. Notice of the April 10, 2008 hearing was given more than twenty days before the hearing as required by RCW 35.79.020 and was also given in additional ways as follows: Posting of notice on property: March 3, 2008 Posting of notice in three public places: March 19, 2008 Publishing of notice m newspaper: March 21, 2008 Mailing of notice to property owners: March 21, 2008 Larry Loveless & Charles Johnson 10 o Vacation of Street Rights -of -Way No. of N. 74 & W. Englewood Ave. R/W Vac #1 -08; Petition #08 -01 o DOC. INDEX ' # AA • RECEIVED 1 MAY 2 2 2008 I CITY OF YARN PLANN1NQ Ii p VI. Environmental Review. Street vacations are categorically exempt from 1 SEPA review in accordance with WAC 197- 11- 800(2)(h) and Chapter 6.88 of the Yakima Municipal Code. 1 VII. Transportation Capacity Management Ordinance. This request is an exempt activity under the Transportation Capacity Management Ordinance. 1 VIII. Background. This is a joint application by Larry Loveless and by Charles 1 Johnson for WCS Enterprises, LLP to vacate the various street right -of -way areas described above. Public records indicate that the rights-of-way proposed for vacation were dedicated to the City in 1907 by the Plat of Yakima Orchard 1 Highlands Co.'s Tracts recorded under Volume "E" of Plats, page 31 and that subsequently additional right -of -way for that portion adjacent to Tract 43 was dedicated by a Short Plat recorded m 1975 m Book "E" of Short Plats, page 15. Additional signatures and information have been provided to the Planning , Division and the Examiner at various times while these petitions have been under consideration. IX. Zoning and Land Use. All of the ro erties adjoining the right-of-way P P J g areas are in the Suburban Residential (SR) zoning district except for some 1 • property to the south and west of the north/south 30- foot -wide right -of -way which . is m the Single - Family Residential (R -1) zoning district. The rights -of -way 1 • 1 Larry Loveless & Charles Johnson 11 Vacation of Street Rights -of -Way No. of N. 74 & W. Englewood Ave. R/W Vac #1 -08; Petition #08 -01 DOC INDEX AA -I RECEIVED MAY 22. m aF viou themselves are not being used, but adjoining areas are either vacant, being used for single- family residences or being developed for single- family residences. X. Development Services Team. A Development Services Team meeting was held on March 5, 2008 to discuss the possible impacts of approving the requests for vacation of these rights -of -way. The DST comments included the following observations: I 1) Building Permits /Codes: Codes has no issues until development of th property. 2) Engineering Division: Engineering does not recommend vacating right - of -way at any time. But since the land lies in a very steep and undeveloped area, Engineering does not oppose the vacation of these rights -of -way. 1 3) Nob Hill Water Association: The Association is planning to install a j water main in the right -of -way in connection with the development of the Englewood West plat. The Association would like to have an easement reserved for its line if the right -of -way is vacated. XI. Criteria for. the Vacation of Street Right -of -Way. City policy provides the following specific criteria to be considered in determining the propriety and requisites of street right -of -way vacations: 1 1) Public Benefit and Reasons Supporting the Proposed Vacation and the Limits of the Proposed Vacation. The proposed right -of - way vacations would allow for the development of the petitioners' property without the need to r observe building setbacks from the unimproved public rights -of -way that are not needed for any public purpose. Vacated property would be placed on the tax rolls. Larry Loveless & Charles Johnson 12 Vacation of Street Rights -of -Way No. of N. 74 & W. Englewood Ave. R/W Vac #1 -08; Petition #08 -01 1 DOC. INDEX 1 # AA. i. RECEIVED 1 MAY / 2 ,NIIII„ on( VAICMICA PLATIMOIJIG Dix The City would be relieved of potential maintenance costs in the future. The 1 topography of the property where these rights -of -way are located has caused other rights -of -way for streets to be dedicated elsewhere in the petitioners' respective plats of Scenic Plateau and Englewood West. The limits of the proposed vacations would be the north/south 30- foot -wide and 20-foot-wide - oot wide nght of -way for the original configuration of the west half of North 74 Avenue north of West 1 Englewood Avenue and the east/west 40- foot -wide unimproved Scenic Drive right -of -way north of the intersection of North 74 Avenue and West Englewood 1 Avenue between the portions of Scenic Drive that are improved on both sides. 2) Necessity for the Right -of - Way as Access to Property. The only 1 right -of -way area needed for access to property is the portion of the east/west 40- foot -wide unimproved Scenic Drive right -of -way east of the Johnson property which is about 570 feet long. The City does not allow a private easement to serve more than one roe . The public street right-of-way should be r s p p rty p preserved erved for the unimproved Scenic Drive right -of -way about 570 feet long east of the Johnson 1 property in order to provide continued access to the Holtzinger, Bailey and Myllenbeck parcels south of the right -of -way and potentially the Paxton property 1 north of the right -of -way. Alternate methods of access that are more practical in view of the topography have been provided for the rest of the properties that could 1 otherwise be served by the remaining rights -of -way involved in these requests. 3) Consistency with the Six Year Transportation Improvement Plan, the Urban Area Comprehensive Plan and other Official City Plans and 1 Policies. The subject rights -of -way are currently undeveloped and are not included in the City's Six Year Transportation Improvement Plan. There are no 1 Larry Loveless & Charles Johnson 13 Vacation of Street Rights -of -Way No. of N. 74 & W. Englewood Ave. R/W Vac #1-08; Petition #08 -01 DOC. 111 INDEX A 4-I 1 1 RECE EVE® 1 MAY 2 Mal„ CITY OF YAKIMA 1 iPLANMNS VW p lans for improvement of the rights -of -way in any of the City's plans or policies. Development of properties in a manner consistent with the Urban Area I Comprehensive Plan will not be hampered by the requested right -of -way vacations I of areas other than the portion of the 40- foot -wide unimproved Scenic Drive right - of-way bout 570 "feet long east of the Johnson r y g property so long as a public utility , 1 easement is reserved for future utilities in the vacated portions of the unimproved Scenic Drive right -of -way. 1 4) Consistency with Existing and Anticipated Development in the Area Based on Zoning, Current Use and Long -Range Plans. The requested vacation 1 of rights -of -way other than the portion of the unimproved Scenic Drive right-of- way east of the Johnson property will not adversely affect existing or anticipated 1 development in the area. It will instead facilitate future development of the I property adjoining said vacated areas by eliminating the need to provide structural setbacks from unimproved public rights-of-way that would otherwise xi P P e e st. 1 5) Provisions for Relocation of Existing Utilities or Easements for Existing Utilities. No existing public or private utilities or other improvements 1 are located within the right -of -way areas proposed for vacation which abut the Loveless property. There is a driveway serving as access to the properties along 1 the unimproved Scenic Drive right -of -way east of the Johnson property. There is a City sewerline and manhole within the unimproved Scenic Drive right -of -way 1 north of the Johnson property. That sewerline may be extended to the west or to I the east in the future. The Nob Hill Water Association plans to extend a waterline to the east from the area near that manhole to loop with an existing waterline to the P g 1 east. A public utility easement should therefore be reserved in the unimproved Larry Loveless & Charles Johnson 14 I Vacation of Street Rights -of -Way No. of N. 74 & W. Englewood Ave. R/W Vac #1 -08; Petition #08 -01 1 000. . INDEX 1 # AA- RECEIVED 1 MAY 2 2 2D08 CI TY OF YAKMA PLAN Dalt Scenic Drive right -of -way for future utilities. The public utility easement should 1 be the entire 40 -foot width of the vacated right -of -way that extends about 740 feet along the north boundary of the Johnson property which is located half on the 1 Johnson property and half on the property to the north. That is because there may be both a sewerline and a waterline in that portion of the public utility easement in the future which will need to have at least 10 feet of separation. The public utility easement should be along the north 20 feet of the vacated 40 -foot width of the right -of -way that extends about 660 feet along the north boundary of the Loveless 1 property, which will include the 20- foot -wide north/south right -of -way to be vacated. Only 20 feet of width are necessary for the public utility easement north 1 of the Loveless property because there will not be a waterline in addition to the sewerline in that portion of the right -of -way in the future. Written consent to 1 having that 20- foot -wide public utility easement located entirely on the northern 20 feet of that 40- foot -wide area to be vacated has been obtained from the owners of the two properties to the north and is included in the record as Exhibit G -3. 6) Fair Market Appraisal and Compensation to the City. Compensation to the City is not required under Subsection 1(C) of City Resolution #R- 2007 -126 1 because the City has neither purchased, maintained nor made any improvements to the rights -of -way involved in this vacation request, and no planned or anticipated 1 public purpose exists for maintaining these rights -of -way. 1 CONCLUSIONS Based on the above Findings, the Examiner reaches the following Conclusions: 1 Larry Loveless & Charles Johnson 15 Vacation of Street Rights -of -Way No. of N. 74 & W. Englewood Ave. R/W Vac #1 -08; Petition #08 -01 DOS. INDEX # 1 RECEIVED 1 MAY 2 2 2008 C Y OF YAKIMA 1 ��49V ►di1VG DIV. 1) The Hearing Examiner has jurisdiction by virtue of Subsection 1.43.080(H) of the Yakima Municipal Code to conduct open record public hearings regarding petitions and resolutions to vacate public street rights -of -way and to make recommendations to the City Council relative thereto. 1 2) All public notice requirements for vacation of ' street rights -of -way have been completed in accordance with the applicable statutory and ordinance requirements. 3) SEPA review was not required because street right -of -way vacations are categorically exempt from SEPA review. 4) A traffic analysis report is not required for the requested vacation of street rights -of -way under the Transportation Capacity Management Ordinance. 5) No properties would be denied access to the public street system as a result • of these right -of -way vacations except for properties located within the east 570 1 feet of the east/west 40- foot -wide unimproved Scenic Drive right -of -way. 6) These requests for public right -of -way vacations do not conflict with any I • planned street improvement projects or other plans or projects of the City of Yakima. 7) The five criteria governing the approval of public street right -of -way vacations have all been satisfied for the requested right -of -way vacations except for the portion of the request relating to the portion of the . east/west 40- foot -wide 1 unimproved Scenic Drive right -of -way east of the Johnson property. 8) Fair market compensation to the City is not required in this situation by City Resolution R- 2007 -126. 9) .Upon vacation the vacated 30- foot -wide and 20- foot -wide north/south rights -of -way for the west half of North 74 Avenue as originally configured should belong to the Loveless parcels upon which they are located since the east r half of those rights -of -way that were located on the Johnson parcels have been previously vacated by City of Yakima Ordinance No. 2006 -54 so as to become a 1 part of those Johnson parcels. 10) In accordance with RCW 35'.79.040, upon vacation the vacated east/west 40- foot -wide unimproved Scenic Drive right -of -way areas should belong to the 1 abutting property owners to the north and south of said vacated areas, one half to each, subject to a public utility easement over part or all of said vacated areas as detailed above. 1 Larry Loveless & Charles Johnson 16 1 Vacation of Street Rights -of -Way No. of N. 74 & W. Englewood Ave. RAW Vac #1 -08; Petition #08 -01 1 DO C. ■ INDEX ■ # AA-I RECEIVED 1 MAY 2 2 Z uiu (* CITY OF YAKIMA II PLANNING DX 11) Upon vacation a 40- foot -wide public utility easement should be reserved along the north 20 feet of the Johnson property and the south 20 feet of the property to the north so that that entire vacated area will be subject to a public utility easement that will allow for needed separation between the sewerline and waterline planned for that area. 12) Upon vacation' a 20- foot -wide public utility easement should be reserved 1 in the north 20 feet of the vacated 40- foot -wide right -of -way area along the south 20 feet of the property to the north of the Loveless property. The public utility easement would be reserved only over the Knutson and Roux properties within that vacated area because their properties, unlike the Loveless property, will need to be served by an extended City sewerline and utilities other than water in the future. RECOMMENDATION 1 The Hearing Examiner makes the following recommendations to the Yakima City Council: • 1) That Yakima the akima City Council approve the petition to vacate the remaining north/south 30- foot -wide and 20- foot -wide public street right -of -way for the original configuration of the west half of North 74 Avenue north of West 1 Englewood Avenue. The legal descriptions provided with the petition are set forth above. Upon vacation the vacated property will properly become a part of the Loveless parcels upon which they are located since the east half of said right -of- way has previously been vacated and has become a part of the Johnson parcels upon which they were located. 1 2) That the Yakima City Council deny the petition to vacate the east/west 40- foot -wide unimproved Scenic Drive right -of -way east of the Johnson property 1 which is about 570 feet long because vacation of that public street right -of -way would deny sole access to properties located there. 3) That the Yakima . City Council approve the petition to vacate the east/west 40- foot -wide unimproved Scenic Drive right -of -way over the north 20 1 Larry Loveless & Charles Johnson 17 Vacation of Street. Rights -of -Way No. of N. 74 & W. Englewood Ave. R/W Vac #1 -08; Petition #08 -01 D0v 1 INDEX # AA -1 1 RECEIVED MAY / 2 2o u„ CITY OF YAKI !PLANNING 014Xl. 1 feet of the Johnson property and the south 20 feet of the adjoining property to the north which is about 740 feet long and reserve therein a 40- foot -wide public utility easement in that entire vacated area. The vacated area upon its vacation will be owned, subject to said public utility easement, one half by the adjoining property owner(s) to the south and one half by the adjoining property owners to the north. 4) That the Yakima City Council approve the petition to vacate t PP P the westernmost east/west 40- foot -wide unimproved Scenic Drive right -of -way over the north 20 feet of the Loveless property, which is about 660 feet long including the 20 feet of vacated north/south right -of -way, and over the south 20 feet of the adjoining Knutson and Roux properties to the north and reserve therein a 20 -foot- wide public utility easement over the north 20 feet of said vacated public right -of- way area. The vacated area upon its vacation will be owned one half by the adjoining property owner(s) to the south and one half by the adjoining property owners to the north. The south 20 feet of the Knutson and Roux properties will be subject to a public utility easement and the north 20 feet of the Loveless property will not be subject to such an easement since only the properties to the north will require the extension of the City's sewerline in the future and since there will be no Nob Hill Water Association waterline within that portion of the vacated area. DATED this 22 nd day of May, 2008. 1 Gary M Cuillier, Hearing Examiner 11 a Larry Loveless & Charles Johnson 18 Vacation of Street Rights -of -Way No. of N. 74 & W. Englewood Ave. R/W Vac #1-08; Petition #08 -01 L) C . INDEX 1 # AA 1 1 LOVELESS & JOHNSON R/W VAC #1 -08 EXHIBIT LIST CHAPTER Staff Report EXHIBIT A µ x , k a: Dp T $, � S 7�� t'. 5i ] S Vq '�' F.3 D .a. �1� w� - s� a A -1 Staff Report 4/10/08 • • 11 11 1 1 1 1 1 1 1 1 1 1 1 ' City of Yakima, Washington • Department of Community & Economic Development ' • Planning Division — Staff Report April 10, 2008 Right -of -Way Vacation Application by J &R ) Staff Report Enterprises to vacate a public right -of -way ) UAZO R/W Vac #1 -08 ' Adjacent to 74 & W. Englewood Avenue, and ) Petition #08 -01 76 Avenue & Scenic Drive, Yakima ' Staff Contact: Vaughn McBride Associate Planner (509) 576 -6315 SUMMARY OF RECOMMENDATION Staff recommends approval of this application for Right -of -Way Vacation. '. From the view of the site, the matters contained in the application, Development Services Team comments, and a review of both the Yakima Urban Area Comprehensive Plan and ' the Yakima Urban Area Zoning Ordinance, staff makes the following: FINDINGS 1 Applicant: A. Larry Loveless 1011 Prospect Way Yakima, WA 98908 Location: N. 74 Avenue between Scenic Drive & W. Englewood g ood Avenue Parcel Numbers: 181317- 34426, 181317 - 34412, 181317- 43460, 181317 - 43461 and 181317 -43462 Applicants: B. Chuck Johnson/WCS Enterprises, LLC & Larry Loveless 11 E. l Avenue #3 ' • Selah, WA 98942 Location: Scenic Drive between N. 72 Avenue & N. 76 Avenue Loveless & Johnson ' R/W Vac #1 -08 Vicinity of N. 74 & Englewood Avenues & the DOC Vicinity of N. 76 Avenue & Scenic Drive, INDEX Yakima, WA 98908 # A -1 r Parcel Numbers: 181317 -43439 and 181317 -43440 1 Application: Vacate public right -of -way 1 Proposed Uses: Provide practical and useful right of ways for adjacent developments Background The City Planning Division has received a joint application request from Larry Loveless & Chuck Johnson/WCS Enterprises, LLP to vacate public right of way north of the intersection of N. 74 Avenue & Englewood Avenue along the eastern boundary line of Parcel Nos. 181317 -34412 (1001ff) and 181317 -34426 (3301f); and public right of way that abuts Scenic Drive between N. 74 and N. 76 Avenues. The subject right -of -way is undeveloped, and was originally dedicated by the Plat of YAKIMA ORCHARD HIGHLANDS CO.'S. ORCHARD TRACTS. as recorded in 1907, under Volume "E" of Plats, page 31, records of Yakima County, Washington. Subsequently, additional right - of -way for that portion adjacent to Tract 43 was dedicated by Short Plat recorded in 1975 1 in Book "E" of Short Plats at page 15. Chuck Johnson was granted vacation of a portion of the east 20 feet of the North 74 Avenue right of way north of Englewood Avenue that lies along the westerly property line of Tracts 37 and 44 in the Plat of YAKIMA 1 ORCHARD HIGHLANDS CO'S. ORCHARD TRACTS as recorded in Volume "E" of Plats, page 81, records of Yakima County, Washington by City of Yakima Ordinance No. 2006 -54. 1 A. R/W north of intersection of N. 74 Avenue and Englewood Avenue Vacation The applicant(s) request vacation of the remaining 20 -foot portion of right of way along 1 the east property line of parcel 181317- 34426, and the remaining 30 -foot portion of right of way along the east property line of parcel 181317- 34412. None f the right-of-way has ever been opened, improved or otherwise utilized. The City 0 o p p y of Yakima has no future plans for development of this undeveloped platted right of way. The topography indicates some of the right -of -way may be difficult to construct a public road. However, the difficulty of constructing a public road in the right -of -way should not be the only factor to be considered. The requirement calculation for obtaining two- thirds of the property signatures of lands abutting the right -of -way reflects the following: The number of signatures in agreement for the vacation of the remaining 30 -foot portion of right of way along the east property line of parcel 181317 -34412 meets the minimal requirement for consideration of the proposed vacation. 1 Loveless/ Johnson - R/W Vac#1 -08 Vicinity of N. 74 & Englewood Avenues & the Vicinity of N. 76 Avenue & Scenic Drive DOC. Yakima, WA 98908 INDEX __1 1 B. Scenic Drive Right Of Way Vacation The applicant(s) have requested vacation of the entire Scenic Drive right of way east of the intersection of Scenic Drive and N. 76 Avenue. The existing right of way is currently undeveloped. None of the right -of -way has ever been opened; improved or otherwise utilized, except to provide access to parcels 181317 -43432 (Holtzinger), 181317 -43431 (Bailey) and 181317-43429 (Myllenbeck. The City of Yakima has no future plans for development of this undeveloped platted right of Way. ' Larry Loveless is requesting the vacation of 20 -foot of right of way along the north property line of parcel 181317 -34426 (included in the Chuck Johnson application); whereas Chuck Johnson/WCS Enterprises, LLP is requesting vacation of the 20 -foot 1 public right of way along Scenic Drive between N. 74 & N. 76 Avenues abutting the northern boundary of parcels 181317 -31426 (Loveless), 181317 -43439 and 181317- 43440 (WCS Enterprises, LLP), 181317 -43432 (Holtzinger), 181317 -43431 (Bailey) and 1 181317 -43429 (Myllenbeck), and that portion of the right of way abutting the southern boundary of parcels 181317 -31410 (Knutson), 181317 - 31411 (Roux), 181317 -31426 (Hanses), and parcel 181317-42440 Paxton). ' • The requirement calculation for obtainin two- thirds of the property signatures of lands q g- p pe m' g abutting the right -of -way reflects the following: 1) There are four independent parcels abutting the northern portion of the Scenic P P g P Drive right of way (parcel nos. 181317- 31410, 181317- 31411, 181317- 31426, 181317-42440) - with three of four (75 %) of the property owners having provided signatures in support of the proposed vacation. 1 The Chuck Johnson/WCS petition indicates a signature in agreement with the proposed vacation of Floyd & Margaret Huit as owners of parcel 181317- 31440, however, the legal owner of parcel 181317 -31440 (Orlin/Paula Knutson) have not signed the petition document and have expressed a desire to utilize their portion of the right of way, should it be vacated, to accommodate the extension of sewer to the subject parcel to facilitate future ' development. There are six independent parcels abutting the southern portion of the Scenic Drive right of way - parcels 181317-34426 (Loveless), 181317 -43439 and 43440 (WCS Enterprises), 181317 -43432 (Holtzinger), . 181317 -43431 ' (Bailey) and 181317 -43429 (Myllenbeck). The applicant has provided signatures of owners that represents only 50% of the independent parcels abutting the southern portion of the Scenic Drive right of way (Loveless & WCS Enterprises, LLP); and therefore, has not met the minimum requirement for vacation of right of way, as proposed. 1 3 ' Loveless/ Johnson - R/W Vac#1-08 Vicinity of N. 74 & Englewood Avenues & the Vicinity of N. 76 Avenue & Scenic Drive Yakima, WA 98908 NO"' INDEX • # A-( 1 In addition, the vacation of the Scenic Drive right of way abutting parcels 181317 -43432 (Holtzinger), 181317 -43431 (Bailey) and 181317- 43429 (Myllenbeck) would inhibit direct access from the east to those properties. This portion of the existing right of way abutting said properties is not eligible for vacation. The proposed vacation of the Scenic Drive right of way is supported by , signatures of adjacent property owners (both north and south of the right of way) for a length of 880 linear feet. 1 Properties under ownership by petitioners Loveless and Johnson along the south side of the Scenic Drive right of way proposed for vacation only account for 50% of the right of way eligible for vacation. The signatures of property owners obtained that support the portion of the Scenic Drive right of way that abut parcels 181317 -31411 (Roux), 181317 -31426 (Hanses), and 181317 -42440 (Paxton) represents 43% of abutting properties, and fails to meet the minimum two- thirds requirement. Current Zonin g and Land Use The existing right of way proposed for vacation is currently zoned R -1, Single - Family Residential and SR, Suburban Residential. Detached single - family dwellings are the primary use in the R -1 district. Whereas, a variety of residential lifestyles with densities generally ranging from two units to seven units per residential acre. The area is currently actively being developed to support single- family residential land uses. 1 Adjoining properties have the following characteristics: Location Zonin g Land Use North SR Ag/Residential South R -1 Residential 1 East R -1 Residential West SR/R -1 Ag/Residential DESIGN SERVICES TEAM (DST) 1 A Design Services Review team meeting to review the application was held on March 5, 2008 to discuss this proposal. The following is a summary of the comments that were received: Codes 111 No issues until development of property. Engineering Division ' 4 Loveless/ Johnson - R/W Vac#1 -08 Vicinity of N. 74 & Englewood Avenues & the Vicinity of N. 76 Avenue & Scenic Drive Yakima, WA 98908 D 0 C INDEX # 4 1 ' Engineering does not recommend vacating right -of -way at anytime. However, the land lies in a. very steep and undeveloped area. Engineering does not recommend but will permit the vacation of this right -of -way. Nob Hill Water (Chad Redick) ' We are currently planning on installing a water main in the public right -of -way with the development of Englewood West 4. The improvements for this development should be installed in the next few weeks. We would like to get an easement for this line if the ' ROW is to be vacated. ' PUBLIC USE OF THE RIGHT -OF - WAY The subject right -of -way for this vacation is currently undeveloped land with no curb, gutter, or sidewalks. The subject right -of -way is not included in any known transportation plans or other plans. Due to the terrain topography, all abutting parcels use alternate access to their respective parcels. The termination of this right -of -way will not impede or impact the current traffic surrounding the area, however, vacation of the east ' 430 linear feet of the Scenic Drive right of way would deny direct access to parcels 181317 -43432 (Holtzinger), 181317 -43431 (Bailey) and 181317 -43429 (Myllenbeck). 1 LOCATION OF UTILITIES There are no pubic or private utilities or other improvements located within the right of way proposed to be vacated. Nob Hill Water Association is currently planning on installing a water main in the public right -of -way with the development of Englewood West 4, and is requesting an easement for this line if the right of way is to be vacated. 1 CRITERIA FOR VACATION OF RIGHT - OF - WAY City policy provides specific guidelines for right -of -way vacations (Resolution D -5630 dated September 12, 1989). 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. Right of way North of Intersection of N. 74 Avenue & Englewood Avenue ' The applicants state that the vacation of this right of way will allow development of public right of way previously unused. The development of the Plat of ENGLEWOOD WEST SUBDIVISION together with the anticipated development of SCENIC PLATEAU SUBDIVISION to the west for single- family residences will provide a more practical and useful right of way for public ' streets than the existing right of way. None of the right -of -way has ever been opened, improved or otherwise used. The topography of the terrain precludes the practical use of the right -of -way for public roads or street. Termination of this right of way will not impede or adversely impact current traffic surrounding the area; nor will termination of this right of way deny access to adjacent properties. 5 ' Loveless/ Johnson - R/W Vac#1 -08 Vicinity of N. 74 & Englewood Avenues & the Vicinity of N. 76 Avenue & Scenic Drive Yakima, WA 98908 INDEX 1 1 Scenic Drive Right of Way The applicants state that the vacation of this right of way will allow development of public right of way previously unused. The development of the Plat of ENGLEWOOD WEST SUBDIVISION together with the anticipated development of SCENIC PLATEAU SUBDIVISION to the west for single- family residences will provide a more practical and useful right of way for public streets than the existing right of way. 2) The vacation of right - of - way does not deny any sole access to any property. 1 Right of way North of Intersection of N. 74 Avenue & Englewood Avenue The vacation of the existing right -of -way of 74 Avenue north of Englewood Avenue will facilitate access to the Scenic Plateau Subdivision (parcels #181317- 34412 and 181317- 34426). The existing right -of -way appears to be the only reasonable route currently available to provide access to parcel #181317- 34426. The proposed realignment of North 74 Avenue, coupled with the vacation of the subject right -of -way would prohibit access to Parcel No. 181317 -34426 from the south and east. The steepness of Scenic Drive does not allow for reasonable development of a roadway that would allow access to Parcel No. 181317 -34426 from the north. Access from the north and west corner of Scenic Drive near North 77 Avenue does not have an established right -of -way. Scenic Drive Right of Way Vacation of the east 430 linear feet of the Scenic Drive right of way (as shown on site map) would deny direct access to parcels 181317 -43432 (Holtzinger), 1 181317 -43431 (Bailey) and 181317 -43429 (Myllenbeck) 3) Petitions should be consistent with the Six -Year Transportation Improvement ' Plan, Urban Area Comprehensive Plan and other official city plans and policies The current Transportation Improvement Plan (TIP) does not indicate any planned use of 1 the subject right -of -way. The proposal is consistent with the goals and objectives of the Urban Area Comprehensive Plan. However, the vacation of any right -of -way cannot deny sole access to any property such as parcels 181317 - 34426, 181317- 43432, 181317- 43431, and 181317- 43429. 4) Vacation requests should be appropriate with existing and anticipated 1 development in the area, based on zoning, current use and long -range plans. This request may be considered in compliance with zoning and long range plans for this 1 area as infill is encouraged inside city limits. Vacation of the right of way north of the intersection of N. 74 and Englewood Avenues would facilitate access to SCENIC PLATEAU SUBDIVISION (Parcel #181317- 34426). However, vacation of the Scenic 6 Loveless/ Johnson - R/W Vac#1 -08 Vicinity of N. 74 & Englewood Avenues & the Vicinity of N. 76 Avenue & Scenic Drive Yakima, WA 98908 D O C INDEX i Drive right -of -way, as proposed would prohibit access to parcels 181317 - 43432, 181317- 43431 and 181317- 43429. ' 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. There are no public or private utilities or other improvements located within the right-of- way to be vacated. However, Nob Hill Water Association is currently planning on installing a water main in the public right -of -way with the development of Englewood West Phase 4. Nob Hill Association is requesting an easement for this line if the right of 1 way is to be vacated. FAIR MARKET APPRAISAL AND COMPENSATION TO THE CITY - City resolution D -5630 specifies the requirements under which compensation must be paid to the City for vacation of public streets and alleys. t Compensation to the City is not necessary for this vacation as compensation is not required on the vacation of rights -of -way in which the City has not purchased, maintained, nor made any improvements to and no planned or anticipated public purpose ' exists for maintaining the right -of -way. ENVIRONMENTAL REVIEW (SEPA) ' Street vacations are categorically exempt from SEPA review. This is in accordance with WAC 197 -11 -800 (2) h and YMC 6.88. ' TRANSPORTATION CAPACITY MANAGEMENT ORDINANCE This project is an exempt activity under the Transportation Capacity Management Ordinance. 1 CONCLUSIONS R/W north of intersection of N. 74 Avenue and Englewood Avenue Vacation 1. The petitioner has met the requirement to obtain two - thirds (66 %) of the property ' signatures of abutting lands. 2. The proposal is consistent with the goals and objectives of the Urban Area Comprehensive Plan. ' 3. Street vacations are categorically exempt from State Environmental Policy Act (SEPA) review. 4. This project is an exempt activity under the Transportation Capacity Management Ordinance. 7 Loveless/ Johnson - R/W Vac#1 -08 Vicinity of N. 74 & Englewood Avenues & the Vicinity of N. 76 Avenue & Scenic Drive Yakima, WA 98908 D O G INDEX 1 5. The current Transportation Improvement Plan (TIP) does not indicate any planned , use of the subject right -of -way. 6. The City has not purchased, maintained, nor made any improvements to, and no planned or anticipated public purpose exists for maintaining the right -of -way. 7. There are no public or private utilities or other improvements located within the right - of -way to be vacated. 8. The subject right -of -way is not included in any known transportation plans or other plans. 9. The request for vacation of public right -of -way does not conflict with any planned street improvement projects or other plans or projects of the City of Yakima. • 10. The subject right -of -way for this vacation is currently undeveloped land with no curb, gutter, or sidewalks. 11. Compensation to the City is not necessary for this vacation. 12. The development of the Plat of ENGLEWOOD WEST SUBDIVISION together with the anticipated development of SCENIC PLATEAU SUBDIVISION to the west for , single- family residences will provide a more practical and useful right of way for public streets than the existing right of way. 13. Due to the terrain topography, all abutting parcels utilize alternate access to their 1 respective parcels. Scenic Drive Right of Way ' 1. The petitioner has not met the requirement to obtain two- thirds (66 %) of the property signatures of abutting lands south of the exiting right of way. Signatures ' of property owners of parcels 181317 -43432 (Holtzinger), 181317- 43431 (Bailey) and 181317 -43429 (Myllenbeck) are not included in the petition. 2. The signature provided as the owner of parcel 181317 -31410 (Huit) is not accurate, and the actual owner (Knutson) is seeking to extension utilities along the right of way, should it be vacated. 3. Vacation of the east 5901f of the existing right of way, as proposed, will deny direct access to parcels 181317- 43432, 181317 -43431 and 181317- 43429. 4. The east 5901f and the west 4301f of the existing right of way are not eligible for vacation. 5. The proposal is not consistent with the goals and objectives of the Urban Area Comprehensive Plan. 6. Street vacations are categorically exempt from State Environmental Policy Act (SEPA) review. 7. This project is an exempt activity under the Transportation Capacity Management Ordinance. 8. The current Transportation Improvement Plan (TIP) does not indicate any planned use of the subject right -of -way. 9. The City has not purchased, maintained, nor made any improvements to, and no planned or anticipated public purpose exists for maintaining the right -of -way. 10. There are no public or private utilities or other improvements located within the right -of -way to be vacated. 8 Loveless/ Johnson - R/W Vac#1 -08 Vicinity of N. 74 & Englewood Avenues & the Vicinity of N. 76 Avenue & Scenic Drive D 0 Yakima, WA 98908 INDEX 1 1 11. Nob Hill Water Association has requested the reservation of an easement to accommodate a water main line installation within the right of way for Phase 4 of ' the proposed Englewood West Subdivision. 12. The subject right -of -way is not included in any known transportation plans or other plans. ' 13. The request for vacation of public right -of -way does not conflict with any planned street improvement projects or other plans or projects of the City of Yakima. 14. The subject right -of -way for this vacation is currently undeveloped land with no ' curb, gutter, or sidewalks. 15. Compensation to the City is not necessary for this vacation. PUBLIC NOTICE On March 18, 2008, the Yakima City Council set the date of this public hearing for street vacation by adoption of Resolution No. 2008 - 46. This was done in accordance with RCW 35.79.010. Other notices of this hearing were provided for in the following man ' Posting ner: in three public places March 5, 2008, March 19, 2008 Posting of property March 3, 2008 1 Legal ad published May 5, 2006, July 19, 2006 Adjoining property owner notices mailed May 5, 2006, July 19, 2006 1 RECOMMENDATION 1 R/W north of intersection of N. 74 Avenue and Englewood Avenue i g u Vacation 1 The Division of Environmental Planning recommends the City of Yakima vacate of the subject right -of -way, as proposed. Scenic Drive Right of Way 1 The Division of Environmental Planning does not recommend the City of Yakima vacate of the subject right -of -way, ,as proposed. 1 1 9 Loveless/ Johnson - R/W Vac#1 -08 Vicinity of N. 74 & Englewood Avenues & the Vicinity of N. 76 Avenue & Scenic Drive Yakima, WA 98908 D D C , INDEX 41 A-1 1 1 LOVELESS & JOHNSON R/W VAC #1 -08 1 EXHIBIT LIST ' HAPT CHAPTER B 1 Maps EXHIBITS x DOCUMENT �` 3 t ' u � a , k z < �e�S { r DA + TE fif x to w r �k � 9 '•� ''r ���xi �, "v3� "^�'���" P'. °AT'„�",M tft4t • B -1 Maps 6/12/08 1 1 1 • 1 1 1 1 • 1 1 1 1 1 i N • MI 0111111101111• - - - • _ - - • • • • • Loveless /Johnso. 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Q sn . .1 satiliko � f4 O O t =400 gym. �, 4 �•� ,� � �' � � k-� p , 1� One Inch Feet �� '� ®l ip IhiE?_jleilhldac:unit, W _ • caw M aiit o a k i : Feet 200 400 �....w._ ',', -4 • 7 0 600 PROPERTY PHOTOS: J PROPERTY INFORMATION AS OF 7/9/2007 3:02:04 AM PRINTING i a "=' sz r ' , 1; Parcel Address: ENGLEWOOD AVE, ,WA Printer - � * . ;',.. } s* Parcel Owner(s): WCS E WCS ENTERPRISES LLP Friendly Pagel 4 +'- -....-1 Parcel Number: 18131743439 'Parcel Size:14.24 Acre(s) • 'Y-' = n or Qj Property Use: 91 Residential land Undevelo d 1 TAX AND ASSESSMENT INFORMATION Detailed - -,.'. , / ,7 4... - , , ° a _ Tax Code Area (TCA): 586 Tax Year 2007 Report Improvement Value: $0 Land Value: $148400 l '= ; ,,,,;` - ` a • ' ;r -` $4 CurrentUse Value: $0 CurrentUse Improvement: $0 Print Detailed tir MAP ; , .,,,,, ;: 5 New Construction: $0 Total Assessed Value: $148400 RESIDENTIAL INFORMATION SECTION MAPS I i uality Year Built Stories Main SqFt Upper SqFt Bsmt SciFt Bedrooms Bathrooms Garage Carport (full/3/4,1/2) (bsmt/att/bltin) Section Map No Residence Information Found. 1 in =400ft SALE INFORMATION DO Qtr SECTION MAPS � xcise Sale Date Sale Price Grantor !Portion of Parcel �_ No Sales Information Found. 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Engineering requires a 20' public utility easement to be established in the old Scenic Drive right of way. The easement will be from l existing centerline to the existing north right of way line in existing Scenic Drive right of way. The easement will extend from th Avenue to Scenic Drive that goes north and east at Ravens Gate in the old Scenic Drive right of way. 1 ke Antijunti ' velopment Engineer ty of Yakima • 11 , 0 u • . 0 • 11 . ll II - D II 11 DOC. 4/14/2008 INDEX a # e -I-1 1 CITY OF YAKIMA Mike Antijunti 1 REQUEST FOR COMMENTS Engineering DEVELOPMENT SERVICES TEAM MEETING OF March 5, 2008 TO: City of Yakima Development Services Team 1 FROM: Vaughn McBride, Associate Planner 1 DATE: February 19, 2008 SUBJECT: Preliminary Review For: UAZO #1 -08, Petition #08 -01 PROPOSAL: . Vacate public right of way 1 LOCATION: Vicinity of N. 74 Avn & Englewood Avn and icinity of N. 76 Avn & Scenic Drive, Yakima, WA 1 PARCEL NUMBERS: 181317-34426, 1 81 31 7 -3441 2 and 181317-43439, 181317 -43440 1 Please review the attached materials and prepare any written comments you might have regarding this proposal. This project will come up for discussion at the weekly ,1 DST meeting to be held March 5, 2008 at 9:30 a.m. As always, should you have comments, but find you are unable to attend please submit your comments prior to the meeting. My e -mail address is vmcbride @ci.yakima.wa.us 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 -6315. COMMENTS: �.- C ._,` ,.._.._., .>- '`.;s. _ `^ :�-l�C :-� - •�/ ��- rte..,._ - ,V, :�. V:---:==.4---,:=7"`, P e: .. <--- . 4 7: �'�'.�..- . r\o�A! �� -C Fi=ce r'� r --'. •..._ _,. • 1 ;J. - 1 1 s J ' \ N Cont Department / Agency DOC. INDEX # = 3- ---� IH DST Distribution List 1 Applicant: Larry Loveless & Chuck Johnson File Number: UAZO #1 -08, PETITION #08 -01 1 Date of DST Meeting: March 5, 2008 Assigned Planner: Vaughn McBride I 3 Ci of Yakima Divisions and Yakima Count Public Servic - 3f Ib R . e �s w - ±tC ".® n •at T ' i ..e3, r x r r. "-, �rr r. 1 s ',a a '� ea.1 � i M!:,l k"� :a 1. 5' ,ct Joan ' tV - Welter ' r v - .1 � " t Codes Joe Caruso s raffic En meerm - oan Davenport C odes Carolyn Belles b a ,�� ��;, • � y �• Parks and Recreation Denise Nichols I i i x �¢ x ` _.i x ;;:-.44i;:::! , ,#fis uc i -M: L sxa 7< "O3 � .ysY.. �4�Fi ... aF ,: .urt O x�f�� ,ra',. 1` .� .i'z+�` -. ,�" ��,a .4 Transit G Pira y,� r 1 " _ Stormwater En • meer Randy Meloy Police De • artment • Greg Copeland f n x ' fit' � ' fi r : � ; Wastewater Utili En; ineer Yakima Coun Public Svcs Vern Redifer zs " '� �� •. 1 M . l Max Linden ° ft ' ° -.. .� � � :'§ ic'A'wh'fil� gym. .n 4n 4Y a:' � F d + wS.F�. -4 ,sue - tiler . 4 iC?^b ia . : >. ` Sfeve lt;rickWatni .r� �., _.. !.. �.�'��?a - �.�Yakiuia ,;Cou . Pla�tun � `_.._.. Other A • encies 9rr "� „ f ��e���. t*- �'. �}°= ert, ta�a... a ...,.e.•�'A..F.d�t�'���.,ti�% 24 Committee Mana:er CDY Sean Hawk r� ::� �. "��4�,� � . n- Hawkins P.O. Box 881, Yakima .. a 98901 i .. -±.' 1rNb} �'�+ �r'A>}'! -,x `� `5° ?3 .N`"`N.? J `I¢ 4*fi � o �. Yakima Taetot l rri tion Distract „ x �v ° W„ t , r � .... . >~., ,. ,._�� ��icicRi�tek - �_�.. 1 .{ ? �t.,�+t�.- .�z�� � e . R�� _ _ n I 6111 Tieton Drive, Yakima 98908 �.' S�1`�.:n. . 7M••. . ..i .� a��...�a s aNn�� . � "�i��� . ��`al' �5�7��1NM�'4� C�,ay���`T'7' 1 a` � i -. a a a 1 wf `Y 28 WA State De . artment of Ecolo e Gwen Clear 15 W Yakima Ave Ste #200, Yakima 98902 SAM - a..t ?; is .. -` d E �^i•F si1'. ., [ '� • 'Y �L 4 y�. o i a e a a s r a r � rr a Z i a '� e r� �����a. �� �. 1 � . � x£S .� �`e 30 Pacific Power and Li h ..��,�. �a`�,,. ' � 50 "'�"" .�.� -tom �� - �� t Co Mike Paulson s Rd, Yakima 98901 ry 500 N. Ke At a$ ^r . :aiv . , '.'+s� .-� � I .t:.._. xx .:�" ..r,+ u,w, ti »l;W'fzltrA ':_.4 Vaa.,°.J„✓/Y ;F., ..:aa-1:if:+ M S ' .. � x , ^ J y yf, 32 Cascade Natural Gas Co. Sheila Ross 701 1st Ave, ma 98902 I South v Yakima ,yam � q - ` s e 1 ..g"m° t , � s w: c� 'dk� :. ? 'SP ; M a J [t "IRt • ,J �6 .-a 1 V n1 .d "r 34 West Valle School District #208 Peter Ansingh 8902 Zier Rd, Yakima 98908 " ,5.,:.$:' ..!...13Ai : e i '; � � ; M"Y'L•'H' :0∎°11 I `�`e -n°� hT<' .' • 6' ICOY `' g .W ul �1., A $''akl L. '�.+�r_ .:+SiG,4 _... a .>.;, d.,�1,n�7`�.: x, -. .'�a..n• � :.�.a7+ __-. .,�✓4 ,F'�ff a ,.,, � ..�`Y: =:.� _ 9... s Yr.." ,,. c Bc .. s: " ..'�,r''k 1 36 Coun Clean Air Authori Ga Pruitt 6 South 2nd Street Rm1016, Yakima 98901 iF r, .._.... s =traf�`. "�.«>< I. Y%°" °EZ 312.ti s : ZIR v 'a�. `"tati,w.i e. ..t . al i "f" '"".a i ., £ 38 Yakima Greenwa Foundation AI Brown . 111�1'q'��South 18th Street, Yakima 98901 1 V�' .t°p ".. �. 'M �.¢ ,A r;W4 ° K. i' . - CS. M fA'gri,5 �d W"'I`�°•` e -L ' . 4 t x : 40 Yakima Coun 911 Wayne Wantland YPD p �`° I.a 1 .. „ ors I °+• ,w. . ' " °' .'.r_MM .,st ._ , -la ' ': x'- : 42 De.artment of Wildlife 1701 South 24th Ave Yakima 98902 r �*.. i e e R ��' ^ i'.�• ���^ ri'`'��'��°'� �`��y GF.�' >_ :^' �.A.:+. � i�T .W wy'z m, 44 WSDOT De • t of Trans • ortation) Salah Al-Tamimi 2809 Rudkin Rd, Union Ga • 98903 i M s , i ! Y„ i + _ + . I �.+F . 'rr. t : >�r �r ' „ ° `.. , 4 -3c .{� { .ham 'E .W. � =i :. x.�'a ` " m...� . �3 �.,: �. � .. I 46 Yakama Indian Nation Bill Beckley P.O Box en 8948 YE x 151, To enish 9 r 48 ° ! � � . ' , , Y Paul Edmondson 1 � � 31 orth 3rd Yakima 98901 aul d Street, j' :.:.�! .ZM ,' ao 1 : 1 a. Y 1' c �. '� a �i'3� e "" a `' 3. �'�h .�i::=.T r c� +�.r. �;, } .,.,. � -� � _ rs; •_ `+'t" -• ��aY,s.,�,".$�,,. . mar , c�T2.. d�!r. h.�r� �LIi� A�tC.. �3��� >: 50 WSDOT, Aviation Division John Shambaugh 3704 172nd St NE Ste #K -2, Arlington WA 98223 4� " m e a _;:' � "*'+,,'� u u � r-s t h � �r �,. - _ se..,., -,,. >„ , �, � 8 , "s.9.4�r ��. � � , s u„�,1 �n..R��x ""' i !�e�" ���`?�'�`�7��, � :€� ��'as��"` -� �Y� �° y >''e*'�� �' � ° � . �"�7`'�A{ �r 3, ".'°�,:tE` Y. S a�'"t'S ++1!! '�iff Y. �.EiF-Ph.:n'�r s� � 1 .7 �c�r � �{ 1�1. 'A�, af9�A�- �e4Y'�T� • D I ;. Updated as of 1/30/08 INDEX 1 C: \Documents and Settings\ribanra \Desktop \Loveless - Johnson DST Packets Distribution List.doc -2), 1 CITY OF YAKIMA REQUEST FOR COMMENTS DEVELOPMENT SERVICES TEAM 1 MEETING OF March 5, 2008 TO: City of Yakima Development Services Team FROM: Vaughn McBride, Associate Planner 1 DATE: February 19, 2008 SUBJECT: Preliminary Review For: UAZO #1 -08, Petition #08 -01 PROPOSAL: Vacate public right of way 1 LOCATION: Vicinity of N. 74 Avn & Englewood Avn and icinity of N. 76 Avn & Scenic Drive, Yakima, WA 1 PARCEL NUMBERS: 181317 - 34426, 181317 -34412 and 181317- 43439, 181317 -43440 1 Please review the attached materials and prepare any written comments you ' might have regarding this proposal. This project will, come up for discussion at the weekly 1 DST meeting to be held March 5. 2008 at 9:30 a.m. As always, should you have comments, but find you are unable to attend please submit your comments prior to the meeting. My e -mail address is vmcbride @ci.yakima.wa.us 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 -6315. COMMENTS: 1 1 1 1 1 Contact Department / Agency. ;;%- INDEX # j) 1 LOVELESS & JOHNSON R/W VAC #1 -08 • 1 EXHIBIT LIST 1 CHAPTER E 1 Application 1 EXHIBIT" DOCUMENT,, n Y��'E'g • 241 a v E -1 Application 2/08/08 1 1 1 • 1 • 1 1 1 1 1 1 1 1 1 1 1 February 8, 2008 RECEIVED FEB 0 8 2008 City of Yakima CITY North Second Street NNING DIV. I Yakima, Washington 98901 • Re: Vacation of road right of way next to Englewood West and Scenic 1 Plateau developments Gentlemen: This letter is to inform . you of our joint intent to vacate right of way adjacent to the above - referenced developments. Since this vacation of right of way affects many of the same adjacent landowners, while having a different affect on the two developments, it seems that one public notice and hearing can provide the necessary review for all of this vacation at one time. Therefore, we have joined our applications for this process, while identifying separately the needs for our individual plats. Notify us if you have further questions regarding this application. Sincerely, 7)46,404, OU 4 ANJ Larry M.Uveless Werprises 945-0187 Charles Johnson 697 -7777 1 1- 1 1 1 DO INDEX 1 # ''w i CITY OF YAKIMA: 1 J .. q ; LAND USE APPLICATI ®l� ECEIVED 0, ( , DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELO] 1�1E$8 2008 1 .,` �' • . 129 NORTH SECOND STREET, 2ND FLOOR CITY OF YAKIMA 4<s . ••••, - % % YAKIMA, WASHINGTON 98901 PLANNING DIV. II ..;,,,,,; VOICE: (509) 575 -6183 FAX: (509) 575 -6105 � w , '� r,,� y, a4 r� t , : � , �`^p a W � .�, — . :f.�, �y�'s¢F}+c` \`\°' o�., y, �l % F . S i O� a �a ..:.*; : ': a .L'N,r: `',� ' s .. a' . a e. s� w�,.o ,€ 3 . ti , C @ ,. ..:., _ � _a�a,aomau=as:oa ...,.: Answer all questions completely. If you have any questions about this form or the application process call, come in person or refer to t accompanying instructions. This application consists of four parts. PART I - GENERAL INFORMATION AND PART IV - CER'1 IkICATION are on this page. PA II and III contain additional information specific to your proposal and MUST be attached to this page to complete the application. Remem 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. , SSA :^4' 0 i T. tR, 'N ,« i+ � - �_ t \�\\ Z; ;tea , i'\ v � . �. � \ � a ' .. ,,s; •: i \ y t 4 a 3 wa ves �; i O �.� „” aa2 .,,.a..` ,::''. :... �..:. C�:l 1. APPLICANT NAME LA 114 1._e V C tt c 2. APPLICANT ADDRESS STREET J 0 1 I ' npv (ci WN CITY yniti m A I AND PHONE NUMBER STATE I (; ONE ` LEA ZIP Cl PHONE ( ( Jj q 1) C 65 --2_02 MESSAGE ( ) 3. APPLICANT'S INTEREST CHECK Er OWNER ❑ OWNER REPRESENTATIVE 1 IN PROPERTY ONE ❑ CONTRACT PURCHASER ❑ OTHER 4. PROPERTY OWNER NAME I (IF OTHER THAN APPLICANT) 5. PROPERTY OWNER'S STREET CITY ADDRESS AND PHONE OF OTHER THAN APPLICANT) STATE ZIP PHONE ( ) MESSAGE ( ) 6. ASSESSOR'S PARCEL NUMBER (S) FOR SUBJECT PROPERTY: 1 I 3) i -3g42L 1 `7 1 8130 3'iq /Z 7. EXISTING ZONING OF SUBJECT PROPERTY: R___I 8. ADDRESS OF SUBJECT PROPERTY: NCA.71(G < <fuclu D`Mz ~ yl ior) �^ �'. ,(..C-1.514-- ul lCy�-J — 7+>*t'S CA9tt i 'c''I p E 9. TYPE OF APPLICATION: (CHECK ALL THAT APPLY) j III ❑Class (2) Use 0 Environmental Checklist (SEPA) [12 Right-of-Way Vacation ❑ Class (3) Use ❑ Modification to Approved Class (2) & (3) Uses ❑ Short Plat Exemption ❑ Rezone ❑ Appeal ❑ Shoreline ❑ Variance ❑ Nonconforming Structure/Use ❑ Utility Easement Release ❑ Home Occupation ❑ Preliminary Subdivision ❑ Interpretation by Hearing Examiner ❑ Administrative Adjustment ❑ Short Plat ❑ Other «J1:� RT [ £' PL t De I : NI , . 1,' 8 t s ,. r � 'L > O a Atr f t i t, , . , t iy c • 0-: h 1 EtX, V - 7 - - 10. 10. SEE ATTACHED SHEETS Or-Algt L'!� � +° S }%; , e 3 C- -.. :• b ? , 4°` `gta4*. 3 - a ;J 11. I certify'at the inforniatio this application and the required attachments are true and correct to the best of my knowledge. i , ' jd - -i3 -0 1 . NATURE DATE Revised 9 -98 FOR ADMINISTRATIVE USE ONLY DOC. 1 FILE NO. INDEX D 7E FEE P iD RECEIVED BY AMOUNT RECEIPT NO. # r ( HEARING DATE tTs 1 s RECEIVED 1 • FEB 0 8 2008 CITY OF YAKIMA, WASHINGTON CITY OF YAKIMA 1 DEPARTMENT OF COMMUNITY AND ECONOMIe Div. APPLICATION FOR VACATION OF PUBLIC STREETS OR ALLEYS -• CITY OF YAKIMA, 129 NORTH SECOND STREET, YAKIMA , WA 98901 509/ 575 -6113 r INSTRUCTIONS 1. This application form must accompany a petition for the processing of right of way vacations. 2. Please print or type your answers. 3. This form is primarily for the purpose of establishing the principle applicant for any proposal to vacate a street or right of way. Often, there may be many parties involved in a right of way vacation. It is important to establish which party is responsible for supplying the technical or detailed information required in this procedure. I FEE A non - refundable fee is required for the processing of this application, payable to the "CITY OF YAKIMA" at the time of filing of the application and petition. APPLICANT INFORMATION 1 Name of. applicant 1212 LOi,'E SS Address of applicant O i I nm s e- AK-41)1/1 c0 y Appl Telephone I - lat 6 REQUIRED INFORMATION Persons or parties wishing to vacate a public street, alley or right of way (for access) Y( ) must first submit a petition which provides a legal description of the area. The petition must be signed by property owners of two - thirds of the abutting property. In addition, a narrative should be submitted which includes the following information: 1. A statement which includes the calculation of the requirement for obtaining two - thirds of the property signatures of abutting lands (which may include a parcel map). 2. The applicant must submit a written narrative declaring how the proposed right of way vacation meets the criteria for approving petitions for right of way 1 vacations as summarized below. a. The petition to vacate the right of way must explain the public benefits of 1 DOC, INDEX mtutly to FEB 0 8 2008 1 CITY OF YAKIMA I PLANNING DIV. the project, the reasons for the proposed vacation and the limits of the vacation. b. ` The vacation of any right of way cannot deny sole access to any property, Y P P Y, c. Petitions should be consistent with the Six -year Transportation improvement Plan, the Urban Area Comprehensive Plan and other official City Plans and policies, d. Vacation of Right of Ways should be appropriate with existing and 1 anticipated development in the area, based upon zoning , current use and long range plans, i e. Existing Public and Franchised utilities located in the right of ways to be vacated should be relocated at the expense of the developer or an adequate easement provided. If it is determined that such existing utilities do not need to I be relocated, this requirement may be waived. ATTACHMENTS 1 The following items should be submitted to complete this application for the vacation of public streets or alleys. Some items may be waived by the Department of Community and Economic Development, if just cause for such waiver is submitted by the applicant. 1. A title search or report, is required to be submitted describing the legal status and ownership of the right of way (this requirement may be waived), 2. A survey of the area to be vacated (this - requirement may be waived) , 1 3. The petition must contain an accurate legal description of the area to be 1 vacated and should be accompanied by a map which identifies the area. A - survey plat may be substituted for another map. 4. A fair market appraisal if the adjoining assessed values indicate expected value 1 greater than $4,000. The complete policy of the Yakima City Council regarding required compensation from Right of Way Vacations is found in Resolution , D -5630, adopted by the Yakima City Council on September 12, 1989. 5. Engineering plans as appropriate to indicate how the curb, gutterand other physical features will be treated after the vacation is enacted. I 6. A traffic analysis prepared by a Certified Engineer is required by the City of Yakima Department of Public Works which describes the impact to the City transportation network of the closure of the right of way. (This requirement may be waived.) The City Traffic Engineer will provide guidance in determining the scope of the review required for each individual case. - DOC. . i INDEX # 1 RECEIVED tE8 0 8 2008 PE T1'ION NO. 0 4.��9iRIlNG DIV. I CITY OF YAKIMA, WASHINGTON ETITION TO VACATE STREET OR ALLEY • 1 'To the City Council of the City of Yakima, Washington. Comes now the undersigned petitioners and, pursuant to RCW .Chapter 35.79,. now respectfully show: 1 The undersigned petitioners request that the following escribed street, alley or portion thereof, located in the City of Yakima, be vacated pursuant to RCW 35.79.. (proviide legal description below, or attach to petition, if lengthy). 447 • E r 1 r Each of the undersigned petitioners is the owner of an interest in real estate i abutting on the above - described area. The undersigned petitioners constitute yawners of more than two-thirds of said abutting property. Wherefo:re, petitioners pray that proceedings be had hereon for the vacation of said area in the manner prescribed by RCW Chapter 35.79. Respectfully submitted, Name - 3 ? /LL Address of Property _ Date I L-. / v C-u �� � 2 C � - t 1 3 1 1 - 3 Lj 426 Uki .5 CA) tGlet,1 -PA-t2-Ck-c- c L5 I 5 1 1 g t AMC 1 • INDEX 1 RECEIVED Larry M. & Kimberly K. Loveless FEB 0 8 2008 1 CITY OF YAKIMA Application for vacation of right -of -way narrative PLANNING DIV. 1 The right -of -way that we are asking to be vacated is as follows: Tract A: The 40 foot right -of -way along the north property line of our parcel no. 181317 - 34426, which is included with the Charles Johnson 1 application which joins this application. Tract B: The remaining 20 foot right -of -way along the east property line 1 of our parcel no. 181317 - 34426. The west 20 ft. of right -of -way was vacated in 2006 and recorded in January, 2008. 1 Tract C: The remaining 30 foot right -of -way along the east property line of Cynthia Johnson's parcel no. 181317 - 34412, that is not being used 1 by the new Plateau Place roadway right -of -way. rac P. 3 0 f • • •:_h • - • e east property line 1 of To • • rcel no. 181317- used by e new Plateau Place roadway. 1 Due to the topography, all abutting parcels utilize alternate access to their respective parcels. No abutting parcel would be denied sole access. The subject right -of -way is not included in any transportation plans p p s or other plans that are known. Both the Scenic Plateau and Englewood West plats provide more practical and useful right -of -ways for public streets than the subject 1 right -of -ways. There are no public or private utilities or other improvements located 1 within the right -of -way proposed to be vacated. 1 1 1 INDEX 1 . Yakima County - Washin ton Yakima County Assessor s 1 VALLEY TITLE GUARANTEE 1 __ Yak------ ima Coun GIS .. y WWW VTGCO. Land Information Portal Yakima Co ty� , 1509 RECEIVED • Assessor Planning I Real Estate I FAQ Help I Legend I Search I Tools . Overview x _ FEB 0 2008 1 —�-- -- j j aJI, - _ I .�. i 3t /26 ... • 29 2•a" r ' Search By Parcel Number ilia 32 �0I r T�a -- r Parcel f PLAN ITY OF YAKIMA a2.02 a 1 1 f 31410 1 31411 ..^s'� ._'___ ( ' PLANNING DIV. C M G 1! a l „ G '` LJIr ■ a v.• .i. � m • s Eller a complete or partial PARCEL I �a _ .- :12.15.N.-2, < . , Y a: ,�,�,,,,, - _ F NUMBER. Parcel Numbers must be at - _ — -. •Wry t '' {east a charades Click th ... b . l C' a $earth N 1 5; , r : c button b continue. r : o .]r3 r '42114 14i, r Search I , 1 •" ` - 1 P, ' mo d 13139 - .3 1/0 L k 1 rarsu ' Cale. inch ' + Maps • 1 in 400 ft. �} f rJ I 12 I a.m. n r J 0 31126 , r EN LEWOOD WEST 1 •-. f ..k a a te_ I -777.4e.,_ ...3 { 9 S ^° �1T r° YAK MA 0 - A RD H , ND CO s;6........; J CR Gb64 R7:t..7 4"t -: } � � t O e v rlays: Aerial Photography q; �' k -- ) . -� • ••lv »a °° ti. FE ❑ Critical Areas � _ - i to - r - ❑ Con A ° : . I ' .i 3ut s � • ' ' 314.12' ( 4�,- M ' "' a ❑ Contours ❑ Utilities ua + f I v - B - i l l � , . i / ` k ��aar • �. .- - " , , 911,0 ' a,. . 3 u1p 3 : a: • 7 . �, 5e l � MapSize: Small (800x600) `K L -< : 43 1 I F. ...s"°Q j 44 ¢5. o.. mat g ; I g i } :, 1 ,.... j t 2 13177 Maps brought to you by: 1 , , .,�.. ii::— 43111 13 3"1 �� 3 ,122 t 0 a .,, • t � t1 :' . Valley Title Guarantee 1 i1 +a . +, aw a I t . I e L _._ " (N„..._ ' L 1k �w .• Title insurance 8 ___ -- -- , ; Escrow Service - ... ,1;.1..x. ' I t ^ W W .vtgc:o. corn • • r :OM 2006 YakimalGptlnty i I. _ -1 -- - it I � � I r (509) 24 8-4442 ( Easting(fl) 1 Northing(fl) ''l Ct. : ■ 0 One Inch = 400 Feet - Map I J k Report I - Longitude(E) I Latitude(N) Click Map to: Zoom in Feet 200 400 600 i — • I 1 - 1 1 • 1 1 1 . • 1 DOC, INDEX • . 1 # is -( http: / /yakimap. com/ servleticom .esri.esrimap.Esrimap ?name= YakGISH &Cmd= ZM400 &Le... 2/4/2008 1 . 1 ,, 1 T C T A 411/0 r RECEIVED 1 The 40 foot • - road right of way running in an Ea - . - - • • ection between Lot 27 and r EE g o 8 2008 I Lot 38 as shown on . : • at of Y. ' .. • ! . • ighlands Co's Orchard Tracts, according to the plat 1- - : re . , - • in Volume B of Plats, Page 31, records of YakinliTY OF YAKIMA Coun , . - i gton; lying Easterly of the , . • - - • ded West line of said Lot 3 P LANNING DIV. i . -. • esterly of the Southerly extended East line of said Lot 27. TRACT B i The West half of the 40 foot wide road right of way running in a North -South direction between Lot 38 and Lot 37 as shown on the plat of Yakima Orchard Highlands Co's Orchard Tracts, according to the plat thereof recorded in Volume B of Plats, Page 31, I records of Yakima County, Washington; lying Southerly of the Easterly extended North line of said Lot 38 and Northerly of the Easterly extended South line of said Lot 38. 1 TRACT C That part of the West half of the 40 foot wide road right of way running in a North -South 1 direction between Lot 43 and Lot 44 as shown on the plat of Yakima Orchard Highlands Co's Orchard Tracts, according to the plat thereof recorded in Volume B of plats, Page 1 31, records of Yakima County, Washington; and that part of the additional 10 foot right of way lying Easterly of Parcel B as shown on that certain short plat recorded in Volume E of Short Plats, Page 15, records of Yakima County, Washington; lying Northerly of the 1 following described line: Commencing at the Northwest comer of Lot 22 of the plat of Englewood West – Phase 1, according to the plat thereof recorded under Auditor's file number 7537429, 1 records of Yakima County, Washington; thence South 00 °05'22" West along the West line of said Lot 22, a distance of 60.07 feet to the Southwesterly comer of said I Lot 22 and the Point of Beginning of said described line; thence North 55 °10'57" West 15.68 feet to the PC of a curve; thence along a curve to the right having a radius of 175.00 feet, through a central angle of 46 °53'53" and the terminus of said described line. 1 ■ P ��- SCti • yam ? 1`: f i '/ y, 1 O t. t 1""960 CD- VI? y '4�r • N , 1 i EXPIRES e, f 1` , 1+1 DOC. 1 INDEX li _____ . __-___.1 ,- 1 —.-- „- CITY OF YAKIMA: > *, . LAND , USE A . LICATI N 1 r , i - ' I DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMEN a % ; i 129 NORTH SECOND STREET, 2ND FLOOR N a ' I 4 �, ' �Rp e g 6 � i YAKIMA, WASHINGTON 98901 FEB 0 8 200h �RA'��` � -., VOICE: (509) 575 -6183 FAX: (509) 575 -6105 CITY OF YAKIM .. illi &o P IB 7 '?:, r : X: B� 10 t ; a t. c:a,, • .�'i'_ L3 ,1 1a� `,,k\\ \�.. ' I e ( � .. - d �P, ,� A IoY dil ait: ' s P d� BA et3� 5"c 1 , 7g � F6 cea5rdff.:ae 4\�° id P � \ 1. \.fix : \ \ P \ ?S \ e�o�s abaaisl .�w�m.. -._, c - i fR } v ��v. \vA \�4h 1 .: Answer all questions completely. If you ' have any questions about this form or the application process call, come in person or refer to thf accompanying instructions. This application consists of four parts. PART I - GENERAL INFORMATION AND PART 1V - CERTIFICATION are on this page. PART I II and III contain additional information specific to your proposal and MUST be attached to this page to complete the application. Remembe! to bring all necessary attachments and the required filing fee when the application is submitted. The Planning Division cannot accept ar application unless it is complete and the filing fee paid. Filing fees are not refundable. 1.4...e?.." ,t�p� .{ r1 , :. - s rogi. T ,. � w. �`�'�(?w• d�+.vK `a.r ,e'�ct a�,. -.p "fi -. :�s.,T 'y a�m...� �\ " a \�\ ��� � Y �� i , �. 1 _ y ' ° '�� °�T �\ \\y�:� v1 a \d\e x .__ .��x �a a 'w�<W. a ,:. � , . v�ca sw \\ \-..v4 : ,> - 1. APPLICANT . NAME t\WAtS ILA So . 2. APPLICANT ADDRESS STREET a, ti + 32- . , ; - r .� CITY z \, y v AND PHONE NUMBER S T A T E A , ZIP 9 0 ( 4 2. PHONE ('5%,4 I ) ( 8 7 7 7 MESSAGE ( ) I 13. APPLICANT'S INTEREST CHECK El OWNER 0. OWNER REPRESENTATIVE IN PROPERTY ONE ❑ CONTRACT PURCHASER ❑ OTHER I 4° PROPERTY OWNER NAM (IF OTHER THAN APPLICANT) !if VA, +p, r 5. PROPERTY OWNER'S STREET Vi g \ �$ r A t ) CITY ` t„ • ADDRESS AND PHONE \ (IF OTHER THAN APPLICANT) STATE. A ZIP C 4` 7 PHONE (L :� ) L C( --) / 7 / MESSAGE ( ) 6. ASSESSOR'S PARCEL NUMBER (S) FOR SUBJECT PROPERTY: 1 N . o y s L 7. EXISTING ZONING OF SUBJECT PROPERTY: , t 1 8. ADDRESS OF SUBJECT PROPERTY: t 9. TYPE OF APPLICATION: (CHECK ALL THAT APPLY) I D Class (2) Use ❑ Environmental Checklist (SEPA) .,Right -of -Way Vacation ❑ Class (3) Use ❑ Modification to Approved Class (2) & (3) Uses ❑ Short Plat Exemption ❑ Rezone ❑ Appeal ❑ Shoreline I ❑ Variance ❑ Nonconforming Structure/Use ❑ Utility Easement Release ❑ Home Occupation ❑ Preliminary Subdivision ❑ Interpretation by Hearing Examiner ❑ Administrative Adjustment ❑ Short Plat ❑ Other 1 ' F, G W 9I;I .t, 1'r1tIf. + ' `ITT . 1D.. I t :° ' ` I . , t ;- ? , tk _ . 0: 10. SEE ATTACHED SHEETS / 1 ?MW.IIe ��. 'E' �y MfJ4:l,THWICFAM i �+.b 4** <^R+'t' -*:fi �. O * ritira a .fy ill*W],E`jj}... f7*w �'..' 11 11. I certify that the info P • . - . • t his application and the required attachments are true and correct to the best of my knowledge. • --. E - ,e 1 , SIGNATURE DATE Revised 9 -98 FOR ADMINISTRATIVE USE ONLY 1 I FILE NO. r DATE FEE PAID RECEIVED BY - AMOUNT RECEIPT NO. 1'y V \HEARING DATE 11 C — I . .•YN. , CITY OF YAKIMA: �, � ,, LAND USE APPLICATION r 3, a ONIN Vid I: — G <., � DEPARTMENT OF COMMUNITY AND ECONOMIC DEVEL6 O A11O tip r ." � '' +I s 129 NORTH SECOND STREET, 2ND FLOOR 4.' g `" YAKIMA, WASHINGTON 98901 8OOZ 0 ®833 mo VOICE (509) 575 -6183 FAX: (509) 575 -6105 1 99 - - _ ■ ► Std t " � > ,& 1( t ti �. , � ' ,- g a -1m.:. a� ig oir., i;�`t;;4 , g e'r' m w 4 w � }.. 75 - 47 . ..��r� � � iTA ::.* t -. .\ questions completely. If. you have any questions about this {� .I_ ` a �„a^ tea \\�\\ 9 P y y ny q form or the application process call, co f - ? . '. - - Answer all efer to accompanying instructions. This application consists of four parts. PART I - GENERAL INFORMATION AND PART IV - CERTIFICA tVI: ribrati' G!1' '). e. PA II and III contain additional information specific to your proposal and MUST be attached to this page to comple the a. sIication. Remem to bring all necessary attachments and the required filing fee when the application is submitted. The Planni * � 1 rf i r ° - f ccept application unless it is complete and the filing fee paid. Filing fees are not refundable.. r , ro ` ® ' ' la s ' �� ` � ' F ... H� ::, y , \ tea. 3. \ \ e�� s A , < \�l �, � u : vt . 4; 1 - .e _. .. . __ .._ .__. a.. ;: ., ;ate;. ..j \:o�: a 1. APPLICANT NAME ONNAis 7ok „ S aa , :t i 2. APPLICANT ADDRESS STREET tlr E l l gla AJ k. : 3 CITY' 5,\„,k 1 AND PHONE NUMBER STATE Ok ZIP C^ P HONE (j ` ) [ ME S SAG E 9 0 q • 2 i1- 77 77 ( ) 3. APPLICANT'S INTEREST CHECK El OWNER 131, OWNER REPRESENTATIVE I IN PROPERTY ONE ❑ CONTRACT PURCHASER ❑ OTHER • 4. PROPERTY OWNER NAME (IF OTHER THAN APPLICANT) ��r ���', +`” t( et v 6k ii 5. PROPERTY OWNER'S STREET q l 5 „ ') j v _ CITY 5c �� ADDRESS AND PHONE (IF OTHER THAN APPLICANT) STATE \ ZIP( * 'Z l (J PHONE() Cc{ 7 — ). 7 77 MESSAGE ( , ) 1 6. ASSESSORS PARCEL NUMBER (S) FOR SUBJECT PROPERTY: : le,,,f` , i ffelJ 4'. o8 k I - `a iN o 7. EXISTING ZONING OF SUBJECT PROPERTY: ') f i- „ ') )1vv 6tviA,ky ce.;1 c A\\C4 8. ADDRESS OF SUBJECT PROPERTY: 1 c c Q ., I 9. TYPE OF APPLICATION: (CHECK ALL THAT APPLY) ❑ Class (2) Use ❑ Environmental Checklist (SEPA) ...Right -of -Way Vacation I ❑ Class (3) Use ❑ Modification to Approved Class (2) & (3) Uses ❑ Short Plat Exemption ❑ Rezone ❑ Appeal ❑ Shoreline ❑ Variance ❑ Nonconforming Structure/Use ❑ Utility Easement Release ❑ Home Occupation ❑ Preliminary Subdivision ❑ Interpretation by Hearing Examiner, ❑ Administrative Adjustment ❑ Short Plat ❑ Other 10. SEE ATTACHED'SHEETS E .• , ' f t Se . ,... i e WOIAS.`'� Ka. '3 "a :i** y am, d - sr*04'°"w^ :'03 °I^'`; s ;R i _,, 11. I certify that the information on this application and the required attachments are true and correct to the best of my knowledge. SIGNATURE DATE 1 Revised 9 -98 FOR ADMINISTRATIVE USE ONLY I FILE NO. nnr,. 1 DA EE PAID ECEIVED BY AMOUNT RE� P,[� , ^ \; HEARING DATE F 1 RECEIVED I F E B O B O C B CITY OF YAKIMA, WASHINGTON CITY OF YAKIMA DEPARTMENT OF COMMUNITY AND ECONOMIC DIV. 1 DEVELOPMENT APPLICATION FOR VACATION OF PUBLIC STREETS OR ALLEYS C ITY OF YAKIMA, 129 NORTH SECOND STREET, YAKIMA , WA 98901 509/ 575 -6113 1 INSTRUCTIONS 1. This application form must accompany a petition for the processing of right of way I vacations. 2. Please print or type your answers. 3. This form is primarily for the purpose of establishing the principle applicant for any I proposal to vacate a street or right of way. Often, there may be many parties involved in a right of way vacation. It is important to establish which party is responsible for supplying the technical or detailed information required in this procedure. 1 FEE A non - refundable fee is required for the processing of this application, payable to the "CITY OF YAKIMA" at the time of filing of the application and petition. I APPLICANT INFORMATION LUC$ 1 t Name of applicant CV_ _ ,) ���S . r �� A „ .. Address of applicant %\ t-= (5t- Ai a. . ,: ` 1 c k.k\ I a) /\ 'sdi Applicant's Telephone gy) - .1, 7 - 7 7 7 -7 • I REQUIRED INFORMATION Persons or parties wishing to vacate a public street, alley or right of way (for access) must first submit a petition which provides a legal description of the area. The petition must be signed by property owners of two - thirds of the abutting property. • 1 In addition, a narrative should be submitted which includes the following information: I 1. A statement which includes the calculation of the requirement for obtaining _, two - thirds of the property signatures of abutting lands (which may include a parcel map). 1 2. The applicant must submit a written narrative declaring how the proposed right of way vacation meets the criteria for approving petitions for right of way I vacations as summarized below. a. The petition to vacate the right of way must explain the public benefits of �o I - I NDE v l� )/1)1 FEB 0 8 2008 1 CITY OF YAKIMA PLANNING DIV. the project, the reasons for the proposed vacation and the limits of the vacation. b. The vacation of any right of way cannot deny sole access to any property, 1 c. Petitions should be consistent with the Six -year Transportation improvement Plan, the Urban Area Comprehensive Plan and other official City Plans and policies, d. 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, 1 e. Existing Public and Franchised utilities located in the right of ways to b g y be vacated should be relocated at the expense of the developer or an adequate easement provided. If it is determined that such existing utilities do not need to be relocated, this requirement may be waived. ATTACHMENTS 1 The following items should be submitted to complete this application for the vacation of public streets or alleys. Some items may be waived by the Department of 1 Community and Economic Development, if just cause for such waiver is submitted by the applicant. 1. A title search or report, is required to be submitted describing the legal status and ownership of the right of way (this requirement may be waived), 2. A survey of the area to be vacated (this requirement may be waived) , 1 3. The petition must contain an accurate legal description of the area to be vacated and should be accompanied by a map which identifies the area. A survey plat may be substituted for another map. 4. A fair market appraisal if the adjoining assessed values indicate expected value 1 greater than $4,000. The complete policy of the Yakima City Council regarding required compensation from Right of Way Vacations is found in Resolution D -5630, adopted by the Yakima City Council on September 12, 1989. 5. Engineering plans as appropriate to indicate how the curb, gutter and other physical features will be treated after the vacation is enacted. 6. A traffic analysis prepared by a Certified Engineer is required by the City of Yakima Department of Public Works which describes the impact to the City transportation network of the closure of the right of way. (This requirement may be waived.) The City Traffic Engineer will provide guidance in determining the scope of the review required for each individual case. 1 D00, INDEX RECEIVE* 1 FEB 0 0 2008 PETITION NO. 03 '01 CITY OF YAK! ,'A CITY OF YAKIMA, WASHINGTON PLANNING DIV. 1 PETITION TO VACATE STREET OR ALLEY To the City Council of the City of Yakima, Washington. Comes now 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). 1 Ste. 1 1 . Each of the undersigned petitioners is the owner of an interest in real estate abutting on the above - described area. The undersigned petitioners constitute 1 owners of more than two - thirds of said abutting property. Wherefore, petitioners pray that proceedings be had hereon for the vacation I of said area in the manner prescribed by RCW Chapter 35.79. Respectfully submitted, 1 Name Address of Property ert Da P y to 1 Errl�dC� 1 1 1 DOC. INDEX 1 0 RECEIVED . 1 WCS Enterprises FEB 0 200 CITY OF YAKIMA Application for vacation of public right of way PLANNING DIV. Narrative statements 1. The entire right -of -way is 1900 ft on each side. WCS is the current owner of 1 parcel 181317-43440 and parcel 181317- 43439, which represents approximately 710 ft to the south of the right -of -way. Besides the two pieces owned by WCS the remaining property owners have signed a petition (100 %). See attached map and signatures. 2. The subject right of way was originally dedicated by the Plat of YAKIMA 1 ORCAHRD HIGHLANDS CO'S. ORCHARD TRACTS as recorded in 1907, under volume "E" of the Plats, page 31, records of Yakima County, Washington. Subsequently, additional right of ways for that portion adjacent to Tract 43 was dedicated by Short Plat recorded in 1975 in Book "E" of Short Plats at Page 15. None of the right of ways has ever been opened, improved or otherwise utilized. The topography precluded the practical use of the right of way for public roads or streets. Due to the topography, all abutting parcels utilize alternate access to their respective parcels. No abutting parcel would be denied sole access. The subject right of way is not included in any transportation plans or other plans that are known. The proposed development of the Plat of ENGLEWOOD WEST together with the anticipated development of the property to the west thereof into single family residential subdivisions will provide more practical and useful right of ways for 1 public streets than subject right -of -way. There are no public or private utilities or other improvements located within the 1 right -of -way proposed to be vacated. 1 1 1 1 NE)E 11 1 RECEIVED I Agreement to vacate public right away along South property li CITY OF 'YAKMA I" 1 JERRE PAXTON x ,,p,v 47 parcel- 18131742440 , PLANNING DIV. RODERICK & USA PLATH X c I parcel-18131742428 • TO & CHERIE HANSES X parcel- 18131731426 • ' RICHARD ROUX (__.... / t lIF , X A■ ' ‘_, I I I parcel- 18131731411 / , - r - / / ....--- FLOYD & MARGARET HUIT k ./ (A. 1- / , , _ - 1 parcel-18131731410 C.---/ - 1 (42t1 - '1Z_lillee,a.„6../ bliar6C4 • 4114 1 LAr o plia_ed 1(31311-14 1 , 1 1 1 111 1 1 1 1 1 I 000 INDEX 1 • RECEIVED 1 LEGAL DESCRIPTION FOR R/W VACATION FEB 0 8 2008 CITY OF YAKIMA That portion of right of way situate between Tracts 27, 28 and 29 on the North and and 38 on the South in the. Plat of YAKIMA :ORCHARD HIGHLANDS CO'S. ORCHARD 1 TRACTS as recorded in Volume "B" of Plats, page 31, records of Yakima County, Washington lying Westerly of the West right of way line of Scenic Drive on the East and Easterly of the East right of way line of Scenic Drive on the West, more particularly described as follows: 1 • Beginning at the Southwest corner of Lot 3 in Short Plat 82 -231 as recorded under Auditor's File No. 2663183 records of Yakima County, Washington, said point being situate 10 feet East of the Southwest corner of said Tract 27; thence Easterly, along the South line of Lots 3 and 4 in said Short Plat 82 -231 and the South line of Lot 4 in Short Plat 92 -40 as recorded under Auditor's File No. 2958815, records of Yakima County, Washington, (being the South line of said Tracts 27 and 28) to the Southeast corner of said Lot 4 in Short Plat 92 -40; thence North 5 feet to the Southwest corner of Lot 2A in Short Plat 93 -25 as recorded under Auditor's File No. 2996273 records of Yakima County, Washington; thence Easterly along the South line of said Lot 2A, 591.47 feet, to a angle point corner of said Lot 2A; thence Northeasterly, 42.50 feet to a angle point corner of said Lot 2A, situate 35 feet West of the East line of said Tract 29; thence South 75 feet, to a point on the North line of said Tract 36 situate 35 feet West of the Northeast corner 111 thereof; thence Westerly along the North line of said Tracts 36, 37 and 38 to a point situate 30 feet East of the Northwest corner of said Tract 38; thence North 40 feet to the Point of Beginning. • • • 1 1 1 • • ,0 01111 111111 ", ,,d Y ep, 1 3 r p% At. IN k EXPIRES 9— D • 1 J &R Enterprises DOC. #04249 INDEX 1 1 1 Vacating a portion of right -of -way east of the intersection of Scenic drive andfh Avenue. Also, vacating a portion of right -of -way north of the intersection of Englewood and 74th 1 Avenue 1 11 1 1 1 • 1 1 1 1 1 1 1 Li,✓v. INDEX LOVELESS & JOHNSON R/W VAC #1 -08 1 EXHIBIT LIST CHAPTER F Public Comments E XHIBIT DocumENT � ,.r���- .�� -•j- F-1 Letter from Brett Sheffield, Engineering Division to Mr. 4/30/08 Gary Cuillier, Hearing Examiner F -2 Letter dated May 2, 2008 from Dr. Richard Roux, Orlin 5/02/08 Knutson, Mr./Ms. Plath, Debbie Paxton, Tom Hanses 1 1 1 1 1 1 1 1 1 1 1 1 1 May 2, 2008 City of Yakima 129 North Second Street 1 Yakima, Washington 98908 Attention: Vaughn McBride Re: Right of way vacation proposal by Loveless/Johnson of Scenic Drive right of way south of our properties Gentlemen: 1 This letter Is to inform you that as the 40 ft. wide right of way, that runs along the south edge of our properties, is vacated, utilizing the north 20 feet of this vacated right of way as a sewer /utility easement is acceptable, since it would be needed for our property needs In the future. uk re uPi e /hie be /n5 r l/ec/ ez.s c/o. 1 'lie 50 a S prcee kite as p ,64 a ncerely, ' 1 041 assinirAIS, _A-- Orlin Knutson 1 O _ 1 DOC, INDEX 1 May 2, 2008 City of Yakima 1 129 North Second Street Yakima, Washington g 1 Attention: Vaughn McBride Re: Right of way vacation pnoposal by Loveless/Johnson of Scenic right of stay south of our ptoperties Drive Gentlemert This letter is to inform you that as the 40 ft. wide right of way, that runs 1 along the setth edge of our properties, .is vacated, utilking the north 20 feet of this vacated right of way as . a /utility entrant is acceptable, since it would be needed for OW /e pr y r in the future. r,e a /,is be i 7 � as case 5u 1 Igor - * • - . Orlin Knutson 1 1 1 1 DOC, 1 INDEX I i `' DEPART MEN ;'F COMMUNITY AND ECONOMIC DE -T 1 _t E7Y " " W::'liarn R. Co Director ,,? "P" , , .i.,., syf f'V ' t -,,, OP ' 43, I ; 4: . ae Eng tng D \ ' ;1N \TAB / 129 North Second Street I \'" Yakinza, Washington 98901 ; Phone: (509) 575 -6111 • Fax (509) 576-6305 1 April 30, 2008 Mr. Gary Coullier Y , Hearing Examiner I Yakima, Washington RE: Loveless / Johnson right of way vacation request I Dear Mr. Coullier: II This letter is written in response to the right of way vacation request proposed by Chuck Johnson and Larry Loveless in the vicinity of Scenic Drive. The public right of way requested to be vacated is 40 -feet in width and located from the northwest property corner of parcel No. 181317 -34426 to approximately 1320 I feet to the east. I Typically, when the City approves right of way vacation requests, a public utility easement is reserved within the vacated right of way. That would be the case with this request. The City would require that a 20 -foot easement be reserved as a 1 public utility easement. Due to the location of the constructed northerly sewer manhole (10 -feet north of the south properties' northern property line), it is not possible to vacate this right of way fairly. The full twenty -foot easement would 1 be required on the properties to the north, with no easement required on the properties to the south. For this reason, I recommend that the right of way vacation be denied. If Mr. Johnson would reconstruct the northerly sewer 1 manhole to be located on his northerly property line, then the required 20 -foot easement could be evenly split between the north and south properties, and I would reconsider the right of way vacation request. I Should you have further question regardin g this matter please don't hesitate to call me at (509) 575 -6111. 1 Sincerely, 1 Brett H. Sheffield, P.E. Chief Engineer I • DOC. Yakima INDEX 1 # F- ( `l :f 99; 1 LOVELESS & JOHNSON R/W VAC #1 -08 1 EXHIBIT LIST 1 CHAPTER G Notices E _ � , k DOCUMENT ,, t , :DATE> . Jl , r a y = r. , � a ; a a � '� . a r ya , e' + 1' � -i' -,� t I G -1 Land Use Action Installation Certificate 3/03/08 G -2 Agenda Statement: Resolution No. 2008 -46 3/04/08 1 G -3 Affidavit of Posting 3/05/08 I G -4 Notice of Petition and Public Hearing 3/06/08 G -5 Legal Notice: Notice of Petition and a d Public Hearing 3/06/08 1 G -6 Press Release: Notice of Petition and Public Hearing 3/06/08 G -7 Parties and Agencies Notified: Notice of Petition and Public 3/06/08 1 Hearing G -8 Affidavit of Mailing: Notice of App, Petition and Public 3/06/08 1 Hearing G -9 Agenda Statement: Resolution No. R- 2008 -53 3/18/08 I G -10 Press Release: Resolution No. R- 2008 -53 3/21/08 G -11 Legal Notice: Resolution No. R- 2008 -53 3/21/08 1 G -12 Revised Notice of Petition and Hearing 3/21/08 G -13 Parties and Agencies Notified 3/21/08 I G -14 Affidavit of Mailing: Revised Notice of Petition and Hearing 3/21/08 I G -15 Hearing Examiner Packet Distribution List 4/03/08 I G -16 Hearing Examiner Agenda 4/10/08 G -17 Hearing Examiner Sign -In Sheet 4/10/08 I G -18 Hearing Examiner Agenda 4/24/08 G -19 Hearing Examiner Sign -In Sheet 4/24/08 II G -20 Supplemental Dedication and Waiver of Claims 4/25/08 t 1 • - ii ?. -a' .: FY' z,,,�' y „ x /-+ War d3:'"w 4k.,. "w %5`rs. �'.". �l� » ''b �a d ftr,VP ' �;' x `. �` "' a g9 1V' $1\'ZT4: -A � ,� V Yt r E s';` ,.t � a `t 4 r G -21 Hearing Examiner Agenda 5/08/08 G -22 Hearing Examiner Sign -In Sheet 5/08/08 G -23 Notification of Hearin g Examiner Recommendation to the 5/27/08 Yakima City Council G -24 Applicant and Parties Notified 5/27/08 1 G -25 Affidavit of Mailing: Notice of Hearing Examiner 5/27/08 Recommendation G -26 Letter of Transmittal to City Clerk 5/29/08 (E -mail, Labels, Site Plan, and Vicinity Map) G -27 Agenda Statement: Set date for Open Record Public Hearing 6/03/08 1 G -28 Agenda Statement and Resolution for Public Hearing 7/01/08 1 1 1 1 1 $ -. 1 1 1 1 1 1 . ORDINANCE NO. 2008- AN ORDINANCE relating to land use; vacating two certain portions of street right -of -way in the vicinity of N. 74 Avenue & W. Englewood Avenue, and in the vicinity of N. 76 Avenue & Scenic Drive; Larry . Loveless and Charles Johnson are the applicants herein. 1 ' WHEREAS, by application dated February 8, 2008, Larry Loveless & Charles Johnson requested a vacation of two portions of undeveloped platted City of Yakima right -of -way; the first, .a north /south 30- foot -wide right-of-way for the west half of North 74 Avenue as originally configured north of West Englewood Avenue, the second running east to west along an unimproved portion of Scenic Drive, each of which are 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 undeveloped platted right -of -way; and WHEREAS, Larry Loveless and Charles Johnson, the applicants /petitioners for this �. right -of -way vacation, own all parcels abutting the property subject to this vacation application; and 1 WHEREAS, on April 10, 2008, the Hearing Examiner for the City of Yakima conducted an open- record public hearing regarding the requested right -of -way vacation that was continued to April 24, 2008 and concluded on May 8, 2008; and I WHEREAS, on May 22, 2008 the Hearing Examiner issued Hearing Examiner's Recommendation regarding UAZO R/W VAC #1 -08, (the "recommendation ") recommending that specified portions of undeveloped public right -of -way be vacated, said recommendation attached hereto and incorporated herein by this reference as Exhibit "B "; and I WHEREAS, at an open- record public hearing held on July 1, 2008, 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 1 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 1 Yakima street vacation policy, are correct and appropriate, and that the same should be adopted by the City Council as its findings herein; and 1 DOC. INDEX (vm)ord/Loveless/Johnson-R-0-W Vacation 1 # /;. , g O 1 WHEREAS, no compensation to the City is necessary for this right -of -way vacation 1 because the City has neither purchased, maintained nor improved the portion of the undeveloped platted alley right -of -way proposed for vacation; and 1 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, 1 BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The remaining north /south 30- foot -wide and 20- foot -wide public street right -of -way for the original configuration of the west half of North 74 Avenue north of West Englewood Avenue.; that portion of the east/west 40- foot -wide unimproved Scenic Drive right- of -way over the north 20 feet of the Johnson property and the south 20 feet of the adjoining property to the north which is about 740 feet long and reserving therein a 40- foot -wide public utility easement in that entire vacated area; the vacated area upon its vacation will be owned, subject to said public utility easement, one half by the adjoining property owner(s) to the south and one half by the adjoining property owner(s) to the north; and the westernmost east/west 40- foot -wide unimproved Scenic Drive right -of -way over the north 20 feet of the Loveless property, •11 which is about 660 feet long including the 20 feet of vacated north /south right -of -way, and over the south 20 feet of the adjoining Knutson and • Roux properties to the north and reserving 1 therein a 20- foot -wide public utility easement over the north 20 feet of said vacated public right - of -way area. The vacated area upon its vacation will be owned one half by the adjoining 1 property owner(s) to the south and one half by the adjoining property owner(s) to the north ; these vacated portions being more particularly described in Exhibit "A ", attached hereto and 1 incorporated herein by this reference, are hereby vacated by the City of Yakima. Section 2. The findings, conclusions and conditions within the May 22, 2008 Hearing 1 Examiner's Recommendation (UAZO R/W VAC #1 -08) regarding this right -of -way vacation are hereby adopted by the City Council as its findings, conclusions and conditions in support hereof, 1 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 Larry Loveless' and Charles Johnson's satisfaction of the following conditions, as stated on page 17 and 18 of the Hearing Examiner's Recommendation: a. Upon Yakima City Council's approval of the petition to vacate the east/west 40- foot -wide unimproved Scenic Drive right -of -way over the north 20 feet of the �p DVC, (vm)ord /Loveless /Johnson -R -O -W Vacation 2 INDEX # - a8 1 Johnson property and the south 20 feet of the adjoining property to the north which is about 740 feet long, a 40- foot -wide public utility easement shall be reserved to the City over the entire vacated area. b. Upon the Yakima City Council's approval of the petition to vacate the westernmost east/west 40- foot -wide unimproved Scenic Drive right -of -way over the north 20 feet of the Loveless property, which is about 660 feet long including j • the 20 feet of vacated north /south right -of -way, and over the south 20 feet of the adjoining Knutson and Roux properties to the north, a 20- foot -wide public utility easement shall be reserved to the City over the north 20 feet of said vacated public right -of -way area. The south 20 feet of the Knutson and Roux properties shall also be subject to a public utility easement but the north 20 feet of the Loveless property will not be subject to such an easement since only the properties to the north will require the extension of the City's sewer line in the future and since there will be no Nob Hill Water Association waterline within that portion of the vacated area. 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, 1 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 1st day of July, 2008. David Edler, Mayor ATTEST: City Clerk Publication Date: Effective Date: 1 DOC. INDEX (vm)ord /Loveless /Johnson -R -O -W Vacation 3 # G _ �j • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of July 1, 2008 1 ITEM TITLE: "Open Record" public hearing to consider vacating a portion of a public right -of -way adjacent to Scenic Plateau Subdivision and Englewood West Subdivision located in the vicinity of North 74 Avenue and West Englewood Avenue, and Scenic Drive. SUBMITTED BY: William R. Cook, Director of Community and Economic Development Department 1 CONTACT PERSON/TELEPHONE: Vaughn McBride, Associate Planner, 576 -6315 SUMMARY EXPLANATION: This is an "Open Record" public hearing before the Yakima City Council to consider a petition (Petition No. 8 -01) for the vacation of public right -of -way adjacent to Parcels 181317 -34412 and 181317-34426 in the SR zoning district located just north of the intersection of N. 74 Avenue and W. Englewood Avenue, and adjacent to Parcels I 181317- 34426, 43439 and 43440 along the improved portion of Scenic Drive. On April 10, 2008, the Hearing Examiner conducted an Open Record Public Hearing on this request. The hearing was continued on April 24, 2008, and concluded on May 8, 2008. The Hearing Examiner issued his recommendation to approve a portion of the requested vacation on May 22, 2008. 1 Resolution Ordinance X Other (Specify) Complete Record Contract Mail to (name and address): Phone: Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Uphold the Hearing Examiner's recommendation and 1 direct city staff to prepare appropriate legislation. - BOARD /COMMISSION RECOMMENDATION: Hearing examiner has recommended approval of this vacation request. COUNCIL ACTION: DOC. INDEX # 6-.?F 1 CITY OF YAKIMA, PLANNING DIVISION LETTER OF TRANSMITTAL 1 1 I, Rosalinda Ibarra, as an employee of the City of Yakima, Planning Division, have transmitted to: Debbie Moore, Yakima City Clerk, by hand delivery, the following documents: 1. Mailing labels for Larry Loveless and Charles Johnson R/W VAC#1-08, � J ( , Petition #08 - 01). Including all labels for adjoining property, owners within 500 feet of subject property, agencies and parties of record. 1 2. One black and white vicinity map. 3. One site plan. 4.. I have also transmitted to Debbie Moore, Yakima City Clerk, by e -mail j Y � y a Legal Notice which was published for the Hearing Examiner Public Hearing. This will supply information to be included in the City Clerk's 1 legal notice of the City Council Public Hearing. 1 1 Signed this 29th day of May, 2008. salinda Ibarra I Planning Specialist Received A ci By: Date: - Z 0 DOC. 1 INDEX 65'; I Page 1 of 1 Ibarra, Rosalinda From: Ibarra, Rosalinda Sent: Thursday, May 29, 2008 12:44 PM To: Moore, Debbie Subject: Notice of Petition and Public Hearing - Loveless & Johnson R/W Vacation -Legal Notice Attachments: REVISED Notice of Petition & Hrg -ROW VAC - Loveless & Johnson.doc 1 Attached is the "Hearing Examiner Public Hearing" legal notice for Loveless & Johnson R/W Vacation, ' which is scheduled for a public hearing on July 1, 2008-before the City Council. The mailing labels, vicinity map, and site plan are on their way. Thanks! 1 Rosalinda Ibarra I Planning Specialist City of Yakima Planning Division p: (509) 575 -6183 ribarra@ci.yakirna.wa.us 1 1 1 1 1 1 DOC. INDEX 5/29/2008 �7 — • 181317 - 44460 181317-33422 181317 - 43405, ANDREW S & JACQUELINE BRASSINGTO ARTHUR & ARLENE VOLZ ARTHUR G & JEAN E ANDERSON" 7105 ENGLEWOOD AVE 7705 GRAYSTONE CT 614 N 68TH AVE YAKIMA, WA 98908 -1223 YAKIMA, WA 98908 YAKIMA, WA 98908 -2170 . 1 181317 -33426 181317 -32431 181317 -43420 ARTURO & MARY L GARZA BALJIT & SONIAN SHARMA BRENT C & JUDITH P ROZELLE 3906 W CHESTNUT 7614 SCENIC DR • 720 N 68TH AVE YAKIMA, WA 98908 YAKIMA, WA 98908 YAKIMA, WA 98908 -2172 1 181317 -34412 181317 -34422 181317 -43425 CYNTHIA Y JOHNSON DALE W & MELANIE L POWERS ZIEGLE DANIEL A & VALERIE A DAY 7405 ENGLEWOOD 7411 ENGLEWOOD PO BOX 1622 YAKIMA, WA 98908 YAKIMA, WA 98908 YAKIMA, WA 98907 • . 181317 -34414 181317 -34415 181317 -43429 II DANIEL D LORELLO DANIEL R & CYNTHIA D PETERSON DAVID & GAIL MYLLENBECK 7505 ENGLEWOOD AVE 7509 ENGLEWOOD AVE 7002 SCENIC DR YAKIMA, WA 98908 -1083 YAKIMA, WA 98908 i YAKIMA, WA 98908 I/ William Frodsham 181317 -43448 181317 -43443 181317 -43444 II DAVID M & HELEN E BIXBY ELITE HOMES OF YAKIMA INC EL E HOMES KIMA INC 108 PEACHTREE LN #1 1113 FRUITVLE BLVD #3 111 E BLV 3 YAKIMA, WA 98908 YAKIMA, WA 98902 YAKIMA, WA 98902 0 . 1 181317 -43445 181317 -43446 181317 -43447 ELITE HOME •F YAK e I C ELITE HOME YAKN$..J.Dic ELIT HOMES OF YAK FAI 11 3 FRU " LE BLVD #3 13 F VLE BLVD #3 1113 F TVLE B #3 YA WA 98902 YA , WA 98902 YAKIMA, WA 2 1 . :1317 -43449 C 181317 - .43450 C 181317 -43460 I) ITE HOME • YA INC ELI E HOMES OF YA. '• INC ELI E HOMES OF Y A N IC 11 FR ' LE BLVD #3 1113 RUITVLE D #3 111 FRUITVLE VD #r YAKI P, WA 98902 YAKIMA, -- •8902 YAKI 8902 1 181317 -44466 • 0 18 317 -44475 181317 -43432 ITE HOME •F ' -- MA-/INC ELI HOMES OF Y• MA I FELICIA M HOLTZINGER . 11 3 FRU - VLE BLVD #3 1113 ITV = VD #3 7104 SCENIC DR II YA WA 98902 , YAKIMA, WA 98 902 YAKIMA, WA 98908 I 1 • • 181317 -33441 181317 -34403 181320-21423 11 3ARRY L & VERA R GRIGGS JACK & LAVONNE DANIELS JAMES & GLENDA MORRISON 116 N 68TH AVE 7507 ENGLEWOOD AVE 7318 ENGLEWOOD AVE YAKIMA, WA 98908 -1278 YAKIMA, WA 98908 -1083 YAKIMA, WA 98908 1 .81320 -21424 181317 -33427 181317 -42440 I/ AY & THERESA M FARMER JEFFERY L WIDDOWS ' JERRE PAXTON '314 ENGLEWOOD AVE 9511 W WALNUT ST 6990 SCENIC sus AKIMA, WA 98908 YAKIMA, WA 98908 YAKIMA, WA 9 : :. II 81317 -44469 181317 -33424 181317 -43442 OHN & LYNN PETTINGILL JON M & DIANA M DOLQUIST JULIANA YOUNG MAY II 512 MEADOW LN 2603 LILA AVE 603 N 74TH AVE AKIMA, WA 98908 YAKIMA, WA 98902 • YAKIMA, WA 98908 11 1317-33421 . 181317 -34426 181317 -31408 VIN & LINDA HOLMES LARRY M & KIMBERLY K LOVELESS LAURIE & ASHLEY MILLER 7709 GRAYSTONE CT 1011 PROSPECT WAY 7611 SCENIC DR • KIMA, WA 98908 YAKIMA, WA 98908 YAKIMA, WA 98908 11 1317 -33425 181317 -34418 181 17 -34421 NN D MULHALL MARCIA A HARRINGTON MAR `A A HA" G • 05 PERRY LOOP # 1 7511 ENGLEWOOD AVE 7511 . - ^OOD AVE ( AKIMA, WA 98902 YAKIMA, WA 98908 YAKIMA, WA 98908 II .81317 -43427 181317 -32430 181317 -33429 11 RIE J ROBERTSON MICHAEL A & RHONDA L TAYLOR MICHAEL B & KRISTIN G PREACHER 01 ENGLEWOOD AVE 1109 PECKS CANYON RD 6725 11TH AVE NW KIMA, WA 98908 -1223 YAKIMA, WA 98908 SEATTLE, WA 98117 I/ . - .81317 -44474 181317 -31411 181317 -31410 IICHAEL V & KELLY P HOON MICHELE L MURRAY. ORLIN & PAULA KNUTSON 11 2 BARGE ST 7210 SCENIC DR i 7615 SCENIC DR IMA, WA 98902 -2827 iYAKIMA, WA 98908 -1048 IYAKIMA, WA 98908 -1050 1 317 -33428 181317 - 33412 181317 -31423 AMELA M HAYTER PETER P HELM RICHARD D & M MURRAY ROUX 700 GRAYSTONE CT 4151 FRUITVALE BLVD 7210 SCENIC DR II CIMA, WA 98908 YAKIMA, WA 98908 YAKIMA, WA 989081048 181317 -34407 18 317 -34408 I 317-42428 ERICK C & LISA G PLATH RONALD S & KARLENE EDWARDS RO 'LD S & • EN EDWARDS 0 BOX 1586 7409 ENGLEWOOD AVE 740• ENGL 800 AVE AKIMA, WA 98907 YAKIMA, WA 98908 YAKI •,. A 98908 r 317 -34410 0 181317 -32429 181317 -43410 ALD S & L EDWARDS SCENIC RANCH LLC SERENA N TRAVIS ENG OOD AVE • 1109 PECKS CANYON RD 7005 ENGLEWOOD AVE AKI , WA 98908 YAKIMA, WA 98908 YAKIMA, WA 98908 i 91317 -44467 181 17 -44468 0 181320 -21400 N & ROBYN JOHNSON 23 HWY 97 STA EY H & N JOHNSON STEPHEN H MOORE .5672 HWY PO BOX 19127 PENISH, WA 98948 TOPPENISH, WA 98948 'SACRAMENTO, California 95819 -01 I 317 -43458 181317 -33433 181317 -43441 CEVEN H & JEAN A SOELBERG THE RABBIT PATCH LLC TIMOTHY J & JENNIFER A HURST � SUMMITVIEW AVE # 260 3401 BAY ST 4407 MAPLE AVE MA, WA 98902 UNION GAP, WA 98903 -1886 YAKIMA, WA 98901 1 ) 17 -31426 181317 -34404 181317 -31409 & CHERIE HANSES TOM S & REBECCA ELWOOD TORI ENTERPRISES LIMITED PARTNE: '.08 SCENIC DR 7407 ENGLEWOOD AVE 406 S 30TH AVE # 202 T MA, WA 989081048 YAKIMA, WA 98908 -1022 YAKIMA, WA 91y0C • INDEX 1117-42441 181317-34409 # -- 181317- 43438 ER J & CONNIE A LOVERN WCS ENTERPRISES LLP WCS ENTERPRISES LLP SCENIC DR 1770 RESERVOIR LOOP RD 2550 BROADLEAF CT .KIMA, WA 989081045 SELAH, WA 98942 -8927 WRNATCHRR. WA 91;54ni 1✓ 1 0 1317=43 181317 -43440 18 317 -43453 1 W S EN PR ES LLP W ENTERPRI S P WC ENTERPR S P 25 OADLEA 25 BRO AF CT 25 0 BR EAF CT WENATCHEE, WA 98801 WENATCHEE, WA 98801 WENA HEE, WA 98801 II 181317 -43454 181 17 -43455 0 181317 -43456 WC ENTERP SES P WCS ENTERP ES WC ENTERPRI- S P II 255 LEAF CT 2550 BRO LEAF CT 2550 BROA• AF CT WENATCHEE, WA 98801 WENAT EE, WA 98801 WENA = , WA 98801 1 181317 -4345 0 181317 -43461 /'D 181317 -43462 W S ELATE ISE LL W ENTER SES LP WCS NTERP L 1 25 ADLEAF CT 25 DLEAF CT 2550 DLEAF CT WENATCHEE, WA 98801 WENATCHEE, WA 98801 WENATCHEE, WA 98801 I Charles Johnson 1 181317 -44459 181317 -4447 181317 -44471 /JCS ENTERPRISES LLP WCS ENT IS LLP WCS ENTERP LP 11 E 1ST AVE # 3 2550 OADLEAF CT 255 BR LEAF T 1 I/ 3ELAH, WA- 98942 -1434 WENATCHEE, WA 98801 ' WENA EE, WA 98801 181317 -44 72 181317 -43431 181317 -33443 II ' EN P ES 'LP WILLIAM & JUDY BAILEY WILLIAM J FRODSHAM 25 ROADLEA CT 630 ESTEE CT 801 N 67TH AVE 4ENATCHEE, WA 98801 YAKIMA, WA 98908 YAKIMA, WA 98908 II L81317 -33423 181317 -43411 181317 -44473 JILLIAM R & BARBARA C COOK WILLIAM T COX ZAREH HARTOONIAN 112 PEACHTREE LN #2 7001 ENGLEWOOD 13022 NE 102ND PL IAKIMA, WA 98908 YAKIMA, WA 98908 KIRKLAND, WA 98033 Loaagi. tam 3 Wilma Koski II ovele 34 labels .printed for map sheet cs - i olinso 21 N. 94 "' Pl. Yakima, WA. 98908 III Lo :2;p.. tr, l ` \ Cindy ' C ind Noble NF1ZD / 5609 W. Arlington Ave Yakima, WA 98908 1 I DOC. INDEX 1 Orlin Knutson 4603 Scenic Drive Yakima, WA 98908 1 ..'.2114; Yakima Count Washington Yakima County Assessor l - F Its p tl , � e eC�r� Title Y V .•' 4f'�: - -tii h Land Inform Portal. �� . � Yakima Coup -- Yakima County GIS i •. irrl�Piti� o C _ . - _ 509.248161 _ tY Assessor !Planning I Real Estate I _ FAQ Help Legend I Search I Tools I Overview I I - .r- A _ �� " � _ -. � �- .F1fr5A�E�f1:� t�'l ., � ^.. �� _ ���:, -. .,� + 312 = a v o z. W ii r gr. 32 419 ill 1 .2 arse J. I ; ,By Parcel Number I !i' 31123 2,-.. 1 K . .1 3 1 d08 3/.N9 _. +t , Parcel I :, 1 tl • ., : o YAKIMA OR CHA -D HIGHLAND C F - ...... i' . -' w ` Ctt ct, a --0,.. i - - - -_ r 4 a •2.2 •2 •a, i; x ,� _ R.a -. ,. .a -..� x fl + 31 l26 / 212 a complete Oi:pertial PARCEL s 32130 y a!a •1 a :. 29 i 44 BER. 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CurrentUse Value: $0 CurrentUse Improvement: $0 Print Detailed New Construction: $0 MAP , , Total Assessed. Value: $148400 RESIDENTIAL INFORMATION SECTION MAPS uality Year Built !St0.es i Main SqFt Upper SqFt Bsmt SqFt Bedrooms Bathrooms Garage Carport (full/3/4,1/2) (bsmt/att/bltin) p Section Map l No Residence Information Found. 1 in -400ft SALE INFORMATION Qtr SECTION MAPS-1 xcise Sale Date Sale Price Gr Portion of Parcel DO . No Sales Information Found. INDEX NW -Qtr NE -Qtr DISCLAIMER 1 " =200ft 1" =200ft hile the information is intended to be accurate, any manifest errors are unintentional and subject to correction. Please let us I�ow ttr I SE -Qtr I 1 ^ =2nnH :// yakimap. com /servlet/com.esri.esrimap.Esrimap? name= YakGISH &Left= 16 12574 &Bottom = 464802 &Ri... 7/9/200' • • 1 Yakima County rcl; na County _cs I ty - Washington . ,1_I a cr n cis 1 ' VALLEY rin E GUARANTEE Land Information Portal _ , w vnrt.vrrco cow [7 �i -- "" ;;041248 4442 • 9- l.�bElVE® 1 Assessor 'Planning I Real Estate 1 FAQ help, Legend I Search 1 Tools Overview FEB I 0 8 200E • El aaa I a Search B y: P arcel Number ' a2uo I 29 %, ," ITY OFYAKIMA ;� flay Parch #, -- - r ; PLANNING DIV. e ; 5° f ' + �+ ; a a a > I I . I E n t e r complete or partial PARCEL 1 -- r_.�,,.�„ _ v _ NUMBER. Parcel Numbers must be at - - ; - - .. mt t»soq;lewd•rttrY"Y'_ ` sC .*r�s, „rn ,,.� - a r: .. ` ', least 8 characters. Click the Search 1, I I i __ button to continue. 5 I / 1 h . .�pr Search t ,� r I d 13 U9 _ 43�10 rarosr o � !if g f .mil I •, '� > 8 ,• .... _ ,. • „ � ` s. MapScale: !inch = 400 fL 1 71426 IA EN w LEWOOD WEST - W� 1 - it ! . 'o ... 1 ' ._. - � � . _..., _ ... " . _ .mow ! , ..a. '. - 1r L Overlays: Aerial Photography. , ,r1 YAX lMA O'"" ARD K � 'ND CO o fTI?Gl16A/t0•>3s4A'� _ c e :�7 T =fi 9 - I to W rY ; _ '•. .1+. ... ( FEMA ❑critical Areas 3 I l� . — MpO ID Contours ' I I IJUIS - 3IN2 t,.9 • :m .. _ t ❑UtihtiPS °a. mat i a4. i — i a ° z 1 . _ MapSize: Small (800x600) i ' 'i I �s 3 rar. ( me ° 4,.: 44 – t c 45 _ °!° Guarantee IO ° QA8 r, X ' 1 g ° 1 �. .. I ° , 74.1 •� � . ` ram I Maps brought to you b ' T y 1 $31� '�a�is , a ' +z ; , 13411 s T; , ., ' >>71 � ;� "' � VaJJe y Tale TaGuarantee e 1 as 'Y , 2.2 a , _a r 'x"y uaa ar r. a... .. . ..aa:.x,. °.: a i . ` F 14 : 11 1 l ar.. , Jae• - ..- - - aNa ... .. ' ri9h x) 2006 Yakinna,Gpunty - A •t•: •• ••• I a ; . h09t aaaa i ^ Easting(ft) I Northing(M) 0 � 0 ` : / tft One Inch = 400 Feet 1 Longitude(E) I Laetude(N) Click Map to: ' Zoom In Feel 200 400 600 1 - 1 1 • 1 - 1 • 1 • 1 • • Dt1,1. 1 INDEX • http: / /yakimap. com/ servlet /com.esri.esrimap.Esrimap ?name =YakGISH &Cmd =ZM400 &Le... 2/4/2008 1 I 7 2'21====ezwsel====m1E=222:2E3= 7 ' [.... _ . . I c • (.) 1 0 c.., cn .. / I L . • • I '6' .. . . .. . . .:) e • . I S c ' n oar dpy s Scenic ( . A ! . I • .1 „. 1 . < t . • > . ! .,, 1 ,•.,‘,.; .. _,,,.... i .f.,, . .. 1 ... e I I t , I Graystone Ct , 41 -1 * or i .i. g n 2 - 1 1 /— Englewood Ave IIII Eyeworid Ave En• lew 1 2 DOUGLAS DRIVE 1 / 11 I . OH LNI ■ ,„„„„,... .... 1 ow 0,2„ 1 , i • ,. . \ 4 ! Nflt, N CITY OF YAKIMA, WASHINGTON 6. - I VICINITY MAP ow te . ° thus 10 s FILE NO: R/W Vac#1-08 ‘ • 1 I i f Subject Propert APPLICANT: Loveless & Johnson DOC. REQUEST: Vacate a portion of city right of way. INDEX •.. Yakima City Limits ..N I # Scale —lin .400ft LOCATION: Vicinity of 74thAve and Englewood ...—..„=.,--.—_,_ 7 700 4.arnrie" ss-Johnson 02/14/08 "amenatimmaz=zo 1 1 I , AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA 1 RE: R/W VAC #1 -08, Petition #08 -01 , Larry Loveless & Charles Johnson Vicinity of 74th Ave and Englewood Avenue I, Rosalinda Ibarra, as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of Hearing Examiner 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 27th day of MAY, 2008. That I mailed said notices in the manner herein set forth and that all of the 1 statements made herein are just and true. osalinda Ibarra ' Planning Specialist 1 1 1 DOC. 1 INDEX 1 Applicant and Parties of Interest Notified for NOTIFICATION OF HEARING EXAMINER'S • 1 RECOMMENDATION dated May 27, 2008 Applicant: Larry Loveless & Charles Johnson 1 File: UAZO R/W VAC #1 -08, Petition #08 -01 [Certified Mail] [Certified Mail] Orlin Knutson Larry Loveless Charles Johnson 4603 Scenic Drive 1011 Prospect Way 11 East l Avenue, #3 Yakima, WA 98908 Yakima, WA 98908 Selah, WA 98942 Richard Roux Bill Frodsham Bill Barley 7210 Scenic Drive 1113 Fruitvale Blvd #3 630 Estee Court Yakima, WA 98908 Yakima, WA 98902 Yakima, WA 98908 • • 1 1 1 Dayana Sanchez City Legal Bill Cook Codes Director, CED DECISIONS ONLY Mike Antijunti Carolyn Belles City Clerk 1 Engineering Codes DECISIONS ONLY I Sandy Cox Sam Granato Charlie Hines Codes Police Chief Fire Chief DECISIONS ONLY 1 Joan Davenport Office of Neighborhood Binder / File /Mail I Traffic Engineering and DECISIONS ONLY Development Services Jerry Robertson J y Ro b Codes DOC. INDEX 1 1 �` r4ostra ge c n M f -13 ..f .. Q ED ; I n CE.'P y X l o w s �GE R.I T� r DomestrclVlatl�Ont okl SuranbeLa. ra eprou►de O tnf do rsdrou raffars, e usp t1J ° r - 1 o ge IIMIINIII 1 p Certified Fee p Postmark M Retum Receipt Fee Here r-i (Endorsement Required) p Restricted Delivery,Fee N (Endorsement Required) Ln r1.1 Tota ' o Sens Larry Loveless C3 1011 Prospect Way N or Yakima, WA 98908 Cory is ° ewers st uet n 1 • III X SENDER 2 COMPLET,E THIS SECT N' v ,A C OMP LlET E r TH I , O N DE R i . , � s�n ,r - .r ° �. � �- .�P�� a Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. lir ❑ Agent Print your name and address on the reverse j j />� ' so that we can return the card to you. N .+ 8dd ressee E Attach this card to the back of the mailpiece, eceived b (Prin --d e) C. Date of Delivery or on the front if space permits. i 1. Article Addressed to: D. Is delivery a• • ress ifferent from Rem 1? ❑ Yes If YES, enter delivery address below: ❑ No Larry Loveless 1011 Prospect Way Yakima, WA 98908 • 3. ServIceType C ertified Mail 0 Express Mail ❑ Registered ERetum Receipt for Merchandise ❑. Insured;. Mali 0 C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7005 2570 0000 1372 0546 (Transfer from service label) ■ PS Form 3811, February 2004 Domestic Return Receipt 102595 1 DOG. 1 INDEX # 1 1 • m �CR M REC: � �I ' P T : t rl ,�( _ omest �, ►c Ma , 4 1 ,; ,;insurance - 0 7 , 1 7 , 7 1 : ,, e d) idekve info - , our ,,, . -e t ww ,,,.. � ; m 1 r- 1 Postage $ Certified Fee F Return Receipt Fee Postmark I (Endorsement Required) Here O Restricted Delivery Fee (Endorsement Required) u-i fl.l Total f I o Sent To Charles Johnson r- Street, 11 East 1 Avenue #3 orPOS Selah, WA 98942 1 cit sra 7 o U, u e 200 =3 ?.'.... a` 710-7` 6 Re "�,�_ geifor° P 1 1 , 1 COMPLETE THIS SE --- - , � �� t . � * a �COMPLkE�TE�Ty S ECTION�O 4N DELlVERYk rte t` fi^ "� t > ��`"' -!.Ci s- d- , IA Complete items 1, 2, and 3. Also co A. S ignat ut � r ` � ` I item 4 if Restricted Delivery is desired. ® so t Print your name and address on the reverse at we can retum the card to you 0 Agent ® Attach this card e t the back of the 0 Addressee ma ilplece, B. Re cery : • Prin ted Nam I or on the front if space permits. D -te of Delivery O dL.' ' e 1. Article Addressed to: D. is delivery address: 1 em 1? 0 Yes ■ — If YES, enter dellve I Charles Johnson SUN ®s 2008 11 East 1 Avenue #3 Selah, WA 98942 3 Service ype ' 'Certified Mall -• ❑ Express Mail 0 Registered Return Re ceipt for Merchandise • r 0 Insured Mail 0C. 0 .D. I 4. Restricted Delivery? (Extra Fee) OYes 2. Article Number (rransferfrom service faber7 7005 2570 00 .1372 0539 PS Form 3811, February 2004 Domestic Return Receipt 1 102595 - m -1 540 1 DOC. INDEX 1 # c7 —a 1 1 NOTIFICATION OF HEARING EXAMINER RECOMMENDATION TO THE YAKIMA CITY COUNCIL On May 22, 2008 the Yakima Hearing Examiner rendered his recommendation • on the Right -of -Way Vacation application submitted jointly by Larry Loveless and Chuck Johnson (WCS Enterprises). The applicants requested the vacation of the remaining 20 -foot portion of right of way along the east property line of parcel 181317- 34426, and the remaining 30 -foot portion of right of way along the east property line of parcel 181317- 34412; and vacation of the entire Scenic Drive right of way east of the intersection of Scenic Drive and N. 76 Avenue. The application was reviewed at a public hearing held by the Hearing Examiner on April 10, 2008 and continued on April 24, 2008. 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 Vaughn McBride, Associate Planner, City of Yakima Planning Division located on the 2 floor of Yakima City Hall, 129 North Second Street, 575 -6315. Vau hn C. McBride Associate Planner 1 Date of Mailing: May 27, 2008 Enclosures: Hearing Examiner's Recommendation and Vicinity Map 1 • 1 1 U!; 1 INDEX _ 3 1 1 HEARING SIGN —IN SKEET 1 CITY. OF YAKIMA HEARING EXAMINER YAKIMA CITY COUNCIL CHAMBERS HEARING DATE: May 8, 2008 1 f LitL3SGAIL1 : ._.; .,Y 2F ;t /iAfilt Til NA tk * lattS V Ml:1iJsIt . y � A. RIW VAC #1 -08 Loveless & Johnson Vicinity of 74 Ave & Englewood Ave (con't) B. PREL LONG PLAT #2 -08, J.S. Holbrook "Applebrook" 7402 Coolidge Road I CL(3) #3 -08, EC #6 -08, ( con't) UAZO CL(2) #11 -08 C. UAZO CL(2) #23 -07, William Frodsham 1310 South 38 Avenue III UAZO Adm Adj #3 =08, HE Ref #2 -08 PLEASE WRITE LEGIBLY! I Please indicate which proposal you are interested in: A, B, or C. n' -� r a � s .�+, n s v „ " 4 r '`�a.. .. x a- -w:. _ tr '4; x ;';'x' a - -�- a .if 4- , 1. t ., d]c `+ 4 ,14 ''�,'°'�`t`sa., s a ' „ ' . .: 0 � `�a ' � `�f .4 S7 s � u � f .s 2 1 Z �.�� � t . �,. -a � ; � � �R.'aaex� S -r s "'- �� ,� ' - s - � _ r - - . %�.:IC+ , �� a` ��,� � t ?j1 � ' .. � �'i t'�"°'9"k � A `5 '�'�'f+ f � k �;�- � . � r3 � °nikt -4. � ,� � 'ti �+* - . _ .... ras&. , ... ._. , a.. ,rYU..an,,. L r�`,�:���� gt,; k .i l § .k ., 69g tiar;`e C, Fes( s . g3 /iX Aspen Rc . ? ?6 3 1 c 14,,,,,..' -4- ! O6 So' �� c € - ?8902 , 12 41 SO . .3g 91(402 Lf/ ►i• - oc 3 7 d 6 C A 9 -1-- 0 , , .o.t -e , / / 4 — ( g So C `d2 1 6, pi* G 1, 3 WA 0 i--/ lki t ,Ur1/ . 1 b 1 I Prz 4 “.0 1411 Sgo6 IC J0(.1 ;1 s -( - c 3'°1 cv,0;J I ■.. OA r Se M - rr— - P'o — fr fellniMillMir?,...., •,, 4 1 JiIA.- (*1 e/ 5 4 I /li 7 v i ., -f •' t,JO .ILL 1 b ? 1 1 1 1 DOC. 1 INDEX G- a. . z > rn , DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT . 1 ,,, . �, _ �i!..∎,, Planning Division s ` - . ..,, 129 North Second Street 2nd Floor Yakima , Washington 98901 1 tint %a, t 'r =s (509) 575-6183 ® Fax (509) 575 -6105 O www.ci.yakima.wa.us 1 ' 1 iz; i tirU' 1 CITY OF' YAKIMA 1 HEARING EXAMINER AGENDA Yakima City Hall Council Chambers 1 Thursday, May 8, 2008 9:00 a.m. I. CALL TO ORDER 1 II. INTRODUCTION 1 III. PUBLIC HEARING A. Continuation of... LOVELESS & JOHNSON (02/08/08) R/W VAC #1 -08 Planner: Vaughn McBride Address: Vicinity of 74 Ave & Englewood Ave Request: Vacate portion of city right of way. 1 B. Continuation of... J.S. HOLBROOK "APPLEBROOK" (02/06/08) PREL. LONG PLAT #2 -08 Planner: Kevin Futrell CL(3) #3 -08 EC #6 -08 Address: 7402 Coolidge Road UAZO CL(2)#11-08 Request: Residential subdivision of 9.62 acres into 53 lots ranging from 5,000 sq ft to 11,800 sq ft; including 52 common -wall units. 1 C. WILLIAM FRODSHAM (10/11/07) UAZO CL(2) #23 -07 Planner: Vaughn McBride UAZO ADM ADJ #3 -08 1 Address: 1310 South 38 Avenue HE REF #2 -08 Request: Construct Four Two Story Duplexes 1 IV. ADJOURNMENT If you are unable to attend the hearing, you may submit your comments in writing prior to the hearing. 111 You may also submit written testimony at the hearing. DOC. Yakiml INDEX „,,,,,,,,,i. AB 1 # __a 'II 1994 1 Supplemental Dedication and Waiver of Claims I GRANTOR(S): Cynthia Y. Johnson, as her separate estate. GRANTEE(S): The Public Abbreviated Legal Description: Lot 38, Plat B-31 and Lot 2 SP 81 -181 Assessor's Tax Parcel Number(s): 181317-34426 and 181317 -34412 1 Reference numbers of documents assigned or released:.. n/a LEGAL DESCRIPTION OF PROPERTY BEING PLATTED: Lot 38 of the plat of Yakima Orchard Highlands Co's Orchard Tracts, according to the plat thereof recorded in Volume B of Plats, Page 31, records of Yakima County, Washington. 1 Together with Lot 2 of that certain short plat recorded in Volume 81 of Short Plats, Page 181, records of Yakima County, Washington. PROPERTY VESTED IN: 1 -.... Cynthia Y. Johnson, as her separate estate. I DEDICATION AND WAIVER OF CLAIMS: Know all persons by these presents that Cynthia Y. Johnson, as her separate estate is the owner and all other parties having any interest in the land hereon described; has with her free consent and in accordance . I with her desires caused the same to be surveyed and platted as shown hereon; does hereby dedicate those roads and/or rights of way shown as public dedications hereon to the use of the public; does hereby waive on behalf of herself and her successors in interest all claims for damages against the City of Yakima and I any other governmental authority which may be occasioned to the adjacent land by the established construction, drainage and maintenance of said dedicated roads and/or rights of way; and does hereby grant and reserve the easements as shown hereon for the uses indicated. I 9,d/A. . a Y. Jo mso . ACKNOWLEDGMENT 1 STATE OF x_., ,), h . ) )SS I COUNTY OF or . -& -i ) Before me, this day of r i l , 20 t personally appeared Cynthia Y. I Johnson, as her separate estate; tome known to be the person described in and who executed the within and foregoing instrument and acknowledged to rife tbat she signed the same as her free and voluntary at and deed for the uses and purposes therein mentioned. IN WITNESS WHEREOF I have set my hand and affixed my official seal the day and year first above 1 written. / " -.@ _� 1 1 41 a-3 1 No Public in and for the State of .) My co mission l y expires 1 Rose A. Bento Rose A. Bento 1 Notary Public State of Hawaii A- O r. INDEX HEARING SIGN -IN SHEET 1 CITY OF YAKIMA HEARING EXAMINER YAKIMA CITY COUNCIL CHAMBERS HEARING DATE: April 24, 2008 1 :CASE, FILE # , ' .N " .:APPLICANT' ;SITE..ADDRESS A. RJW VAC #1 -08 Loveless & Johnson (CONTINUED; Vicinity 74 Ave & Englewood B. CAO #2 -08 Yakima Greenway Foundation 206 South 18 Street EC• # #11 -08 1 PLEASE WRITE LEGIBLY! Please indicate which proposal you are interested in: or 13. 1 CASE -/1 it/Ito \j6tc, 4sS f 0 1 ) a/2OS 6-eir u/0-7 G9 VvA qe,° o g 111 111 HOC. 1 INDEX � 1 I -' �-.z „ .x<,• DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ill � '% Planning Division r 1 s :, , s =, 129 North Second Street, 2nd Floor Yakima, Washington 98901 % , A . . aP ; % (509) 575 -6183 ® Fax (509) 575 -6105 • www.ci.yakima.wa.us 1 CITY OF YAKIMA HEARING EXAMINED 1 AGENDA Y akima City Hall Council Chambers Thursday, April 24, 2008 III 9:00 a.m. I. CALL TO ORDER I II. INTRODUCTION 1 • III. PUBLIC HEARING A. . LOVELESS & JOHNSON (continued from 4/10/08) ' R/W VAC #1 -08 Planner Assigned: Vaughn McBride Address: Vicinity 74 Ave & Englewood Request: Vacate of portion of right of way. I B. YAKIMA GREENWAY FOUNDATION. (2/19/08) CAO #2 -0 Planner Assigned: Jeff Peters EC #11 -08 Address:: 206 South 18` Street 1 Request: Construct pathway along West and South Sides of Reflection Pond I C. JELD -WEN / FURNITURE ROW (1/18/08) REZONE #1 -08 Planner Assigned: Joseph Calhoun UAZO CL(3) #2 -08 Address: 1015 East Lincoln EC #3 -08 Request: Rezone two parcels from Light Industrial (M -1) I And Heavy Industrial (M -2) to Central Business District Support (CBDS). Demolish existing building and construct new 125,100 sq ft building. 1 IV. ADJOURNMENT If you are unable to attend the hearing, you may submit your comments in writing prior to the hearing. I You may also submit written testimony at the hearing. 1 1 I DOC. Yakima INDEX ` o.ii v 1 # 6.4 Iiiii!, 1 1994 HEARING SIGN -IN SHEET 1 CITY OF YAKIMA HEARING EXAMINER YAKIMA CITY COUNCIL CHAMBERS HEARING DATE: April 10, 2008 1 CASE FILE # APPLICANT ::.SITE ADDRESS A. UAZO CL(3) #1 -08 Esther DeLaRosa 1306 West Mead ADM ADJ #6 -08 B. R/W Vac #1 -08 Loveless & Johnson Vicinity N. 74` Ave & Englewood PLEASE WRITE LEGIBLY! 1 Please indicate which proposal you are interested in: A,or B, CASE NA ADDRESS 1 cw v �- _ T � ..� "' `rte- r�'�fv✓ �� / l� S •ec? rp raj i LI&V E3 J o I 1 Pr - i 044 , 7 Cg ea (c OLk(--�GE 1 /14kJ � 1 1 1 1 1 1 1 1 1 DOC. 1 INDEX # -�7. ZFf ;,,, DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT A, Planning Division � ) 4 129 North Second Street, 2nd Floor Yakima, Washington 98901 i ',,� �r �1 (509) 575 -6183 o Fax (509) 575 -6105 u www.ci.yakima.wa.us r , 111 , " .:%,i,kr+iF c:,-� 1 _ CITY OF YAKIMA I HEARING EXAMINER AGENDA Yakima City Hall Council Chambers 1 Thursday, April 10, 2008 9:00 a.m. 1 I. CALL TO ORDER I IL INTRODUCTION . III. PUBLIC HEARING 1 A. ESTHER DeLaROSA (1/17/08) UAZO CL(3) #1 -08 • Planner Assigned: Christine Wilson UAZO ADM ADJ #6 -08 Address: 1306 West Mead I Request: Establish a childcare /preschool facility and Adjust parking standards. I B. LOVELESS & JOHNSON (2/08/08) R/W VAC #1 -08 Planner Assigned: Vaughn McBride I Address:: • Vicinity 74 Ave & Englewood Request: Vacate a portion of City of Yakima right of way I IV. ADJOURNMENT . I f you are unable to attend the hearing, you may submit your writing hearing. Y y y y comments in wrtt�n„ prior to the heann� You may also submit written testimony at the hearing. 1 1 1 I Yakima DDS -. '9 1 INDEX 1 }t , / ^ - J /! 1994 • -:•.- +uo•vv <cy• v,, ago] mU b ®nainV WuSeo el ze } odor mane nAmm apena j el as }lnsuoa salad sallaef saga ■ Hearing Examiner Packet Phil Lamb Ken Crockett Distribution List 311 North 3` Street Mike Brown 1 AGENDA ONLY Yakima, WA 98901 Comm. Relations KIT -KATS Radio Yakima Assoc. of Realtors , 1 4010 Summitview, Suite 200 Gov. Affairs Committee Sam Granato Yakima, WA 98908 2707 River Road Police Chief 1 Yakima, WA 98902-1165 KARY Radio KCYU -FOX 68 Charlie Hines 1 Dr. #160 David Okowski 1200 Chesterl y 3804 Kern Way #B Fire Chief Yakima, WA 98902 Yakima, WA 98902 ' KIMA TV Pacific Power P.O. Box 702 Mike Paulson Debbie Moore 1 Yakima, WA 98907 500 N. Keys Rd. City Clerk Yakima, WA 98901 1 KNDO TV Office of Rural FWH 1608 S. 24 Ave Marty Miller Carolyn Belles Yakima, WA 98902 1400 Summitview #203 Codes Yakima, WA 98902 Ben Soria 1 Yakima Herald - Republic Yakima School Dist. #7 KBBO -KRSE Radio P.O. Box-9668 m 1200 Chesterlye Dr. St. 160 Yakima, WA 98909 104 North 4 Street Yakima, WA 98902 Yakima, WA 98902 VIVA Business Times Bruce Smith Patrick D. Spurgin P.O. Box 511 P.O. Box 2052 411 N. 2 St. Toppenish, WA 98948 Yakima, WA 98907 Yakima, WA 98901 1 Dave Zabell Yakima Valley C.O.G. KAPP TV 1 Assistant City Manager 311 N. 4 Street STE 202 Paul Gary Yakima, WA 98901 P.O. Box 10208 Yakima, WA 98909 -1208 1 Dick Zais Gary Cuillier 1 City Manager Codes Bulletin Board • 314 N. 2 Street Yakima, WA 98901 1 DOG. INDEX 1 a�n ;ea lead Rse �o J.YldW31 tianp all hu.0965 V0 sI d I d 3 Jaded Peal, pi, wi0965 3 C"1 1 PINS uolPrulsul ee ■ Mir; slagel lead Ase3 1 Hearing Examiner Packet AGENDA, STAFF REPORT, SITE City Legal Department le PLAN AND MAPS Mike Antijunti Yakima County Planning Doug Maples Bill Cook • County Courthouse Codes and Planning Manager CED Director Bill Cobabe Binder Copy DON'T FORGET TO SEND ONF ONDS Manager TO THE APPLICANT Larry Loveless 1011 Prospect Way Yakima, WA. 98908 Esther DeLaRosa Charles Johnson ' 1517 South 1st Ave 11 Fast 1st Ave #3 Yakima, WA. 98902 Selah, WA. 98942 Bill Hordan Hordan Planning Svcs 410 N. 2 Street Yakima, WA. 98901 • • 1 1 1 1 ' DOC. INDEX # 6 -15 1 AFFIDAVIT OF MAILING 1 STATE OF WASHINGTON 1 CITY OF YAKIMA Re: R/W Vac #1 -08 ■I Loveless /Johnson Vicinit 74 Ave & En•lew• -.d 1 I, Rosalinda Ibarra as an employee of the Yaki a City 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 500 feet of 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 21st day of March ,2008 1 • That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. 1 Rosalinda lbarra Planning Specialist 1 1 1 1 1 DOC, INDEX # 6 -61. II 181317 -43439 10.317- 440 181317 4 453 D • WCS ENTERPRISES LLP WC EN E PRISE LP W •ITE'PRIS z 2550 BROADLEAF CT 255 ROA E CT • 25 BRO'DL •F CT WENATCHEE, WA 98801 WENA CHEE, WA 98801 WENATCHEE, WA 98801 . II 18,317-43' 4 18131 43455 • ENT 81317-4 6 WC` ENT •P °ISES WCS N ERPR E' LLP CS ENTERPRISES L • 255. B••AD AF 2 • B•OAD AF .T 2 50 •OAD EAF WEN•.T•.EE,, '8801 W ATC WA 98:01 W N CHEE, W" •8801 1 --.j 181 17-43457 81317 -43461 181 17-44 2, • 1 WCS 1 NTER••ISE L • 'CS E'•T:RPRI S LLP. WCS ENT RP ISES 1, . 2550 BRO'DL •' .550 BRO•D. AF 2550 OAD EA CT WENA C. E, WA'98801 t'TCHE , WA 98801 WEN CHEE, 98801 l 81317 -44459 1r:1317-44470 81317 -44471 I) ICS ENTERPRISES LP W S Ei IRPRI 'S . • CS T RPRI• L • 1 E S A - 3 2.5. BR''D_ AF CT 0 552 BRoA.. AF CT L'H, A 98942 -1434 WENATCHEE, WA 98801 " ATCHE , WA 98801 II 181317- 44472 181317 -43431 181317-33443 WCS ' LLP WILLIAM & JUDY BAILEY WILLIAM J FRODSHAM 55o BRIADLE' tT. 630 ESTEE CT 801 N 67TH AVE "BATCH A 98 YAKIMA, WA 98908 YAKIMA, WA 98908 1 181317 -33423 181317 - 43411 181317 -44473 WILLIAM R & BARBARA C COOK WILLIAM T COX ZAREH HARTOONIAN 112 PEACHTREE LN #2 7001 ENGLEWOOD 13022 NE 102ND PL YAKIMA,'WA 98908 YAKIMA, WA 98908 KIRKLAND, WA 98033 • 1 • 1 84 labels printed for map sheet loveless- johnson R h NBC t y o -F- Id . • Cind Y Noble NFRD 5609 W. Arlington Ave i Yakima, WA 98908 • 1 curies Johnson Wilma Koski 11 Fast 1st Ave #3 • Selah. WA: 98942 21.N. 94 Pl. • Yakima, WA. 98908 • • • 1 DOC. • INDEX 181317 -33421 - 181317 -34426 181317 -31408 II KEVIN & LINDA HOLMES LARRY M & KIMBERLY K LOVELESS LAURIE &- ASHLEY MILLER 7709 GRAYSTONE CT 1011 PROSPECT WAY 7611 SCENIC DR YAKIMA, WA 98908 YAKIMA, WA 98908 YAKIMA, WA 98908 II 181317 -33425 181317 -34418 \ —9 1$ 317 3 LYNN D MULHALL MARCIA A HARRINGTON MA CIA - A 4 4 AR INGT9LN 1405 PERRY LOOP # 1 7511 ENGLEWOOD AVE 75 1 ENG ,LEWO XIE YAKIMA, WA 98902 YAKIMA, WA 98908 YA MA,/ WA 98 8 II 181317 -43427 181317 -32430 181317 -33429 MARIE J ROBERTSON MICHAEL A & RHONDA L TAYLOR MICHAEL B & KRISTIN G PR i 7101 ENGLEWOOD AVE 1109 PECKS CANYON RD 6725 11TH AVE NW YAKIMA WA 98908 -1223 YAKIMA, WA 98908 SEATTLE, WA 98117 1 181317 -44474 181317 -31411 181317 -31410 MICHAEL V & KELLY P HOON MICHELE L MURRAY ORLIN & PAULA KNUTSON 2912 BARGE ST 7210 SCENIC DR 7615 SCENIC DR II YAKIMA, WA 98902 -2827 YAKIMA, WA 98908 -1048 YAKIMA, WA 98908 -1050 II 181317 -33428 181317 -33412 181317 -31423 PAMELA M HAYTER PETER P HELM RICHARD D & M MURRAY ROUX 7700 GRAYSTONE CT 4151 FRUITVALE BLVD 7210 SCENIC DR YAKIMA, WA 98908 YAKIMA, WA 98908 YAKIMA, WA 989081048 II jp 181317 -42428 18 317- .407 / 1:1317 -.4408 RODERICK C & LISA G PLATH Ra AL/ S • KARLE DWARDS RONALD S & KAR• NE - -DWARD PO BOX 1588 74.9 NGL OOD , E �/ 746• NGLE AVE YAKIMA, WA 98907 YA'• A, WA •8'.8 YAKIMA, WA - :908 II II 181317 -34410 181317 -32429 181317 -43410 RONALD S & KARLENE EDWARDS SCENIC RANCH LLC SERENA N TRAVIS 7409 ENGLEWOOD AVE 1109 PECKS CANYON RD 7005 ENGLEWOOD AVE YAKIMA, WA 98908 YAKIMA, WA 98908 YAKIMA, WA 98908 1 181317 -44467 181317 -44'.: 181320 -21400 STAN & ROBYN JOHNSON S ANLEY & 'OBYN .•H •N STEPHEN H MOORE 56723 HWY 97 5. 23 'WY 97 PO BOX 19127 TOPPENISH, WA 98948 TOP'" ISH, WA 98948 SACRAMENTO, California 958 1 181317-43458 181317 -33433 181317 181317 -43441 STEVEN H & JEAN A SOELBERG THE RABBIT PATCH LLC TIMOTHY J & JENNIFER A HUR.T 901 SUMMITVIEW AVE # 260 3401 BAY ST 4407 MAPLE AVE YAKIMA, WA 98902 UNION GAP, WA 98903 -1886 YAKIMA, WA 98901 181317 -31426 181317 -34404 181317 -31409 1 TOM & CHERIE HANSES TOM S & REBECCA ELWOOD TORI ENTERPRISES LIMITED PAR' 7208 SCENIC DR 7407 ENGLEWOOD AVE 406 S 30TH AVE # 202 YAKIMA, WA 989081048 YAKIMA, WA 98908 -1022 YAKIMA, WA 9 , 2 0 II , in!X 181317 -42441 181317 -34409 1 1317- 4343 - f � ! - - 1- WALTER J & CONNIE A LOVERN WCS ENTERPRISES LLP W S E RPRI S LP 7000 SCENIC DR 1770 RESERVOIR LOOP RD 25 0 BRO D A)tE F T • f 1 81317 - 44460 181317- 3-3422 181317 -43405 L ANDREW S & JACQUELINE BRASSINGTO ARTHUR & ARLENE VOLZ ARTHUR G & JEAN E ANDERSON 7105 ENGLEWOOD AVE 7705 GRAYSTONE CT 614 N 68TH AVE YAKIMA, WA 98908 -1223 , YAKIMA, WA 98908 YAKIMA, WA 98908 -2170 II 181317 -33426 181317- 32431 181317 -43420 I ARTURO & MARY L GARZA BALJIT & SONIAN SHARMA BRENT C & JUDITH P ROZELLE 390 W CHESTNUT 7614 SCENIC DR 720 N 68TH AVE YAKIMA, WA 98908 YAKIMA, WA 98908 YAKIMA, WA 98908 -2172 II • 181317 -34412 181317 -34422 181317 - 43425 I CYNTHIA Y JOHNSON DALE W & MELANIE L POWERS ZIEGLE DANIEL A & VALERIE A DAY 7405 ENGLEWOOD 7411 ENGLEWOOD PO BOX 1622 YAKIMA, WA 98908 YAKIMA, WA 98908 YAKIMA, WA 98907 I 181317 -34414 181317 -34415 DANIEL D LORELLO DANIEL R & CYNTHIA D PETERSON DAVID & GAIL MYLLENBECK II 7505 ENGLEWOOD AVE 7509 ENGLEWOOD AVE 7002 SCENIC DR • YAKIMA, WA 98908 -1083 YAKIMA, WA 98908 YAKIMA, WA 98908 • • I 181317 -43448 1 8.317 -43443 y' 181317- DAVID M & HELEN E BIXBY EL TE H43 444 108 PEACHTREE LN #1 S OF Y K MA INC ELITE . $0 S OF Y IMA INC 11 3 F 'UI VLE VD 11 3 RUI,VLKBLV #3 YAKIMA, WA 98908 YA I • , WA 9 : • 0 2 Y A , Wes- -18902 • II • • I 181317 -43445 181 17- 446 181 17 -4344 � 4) ELITE HOMES OF YAKIMA INC • ELI E HO S OF YA IM 'INC 1113 FRUITVLE BLVD #3 ELI E HOMES OF V KINiA INC 111 I F�RUI VL BLV 111 FRIIITVL LVD #3 YAKIMA, WA 98902 YAKI, WA 8902 YAKI�, WA 98902 • • 7 -9 449 18131 3450 18 31 H M S OF ,YA MA C LIT' He ES OF YA IMA 1 131 7 3460 / I -� 18 31 .'NC E ITE H MES OF.. YAKI A INC 111 UI VLE LVD 11 ' FRU' TVL r BLVD : 1 1 / FR TV YAK A, WA 902 9 i 0 • IMA, • '8902 YA IMA, 98902 2 • • II 81317. -4466 .1:1317 -44475 1 ' :LITE OMs OF Y I INC ELITE '0 ES OF YA IMA NC 1E-43432 II 1113 RUIT‘LE B D # FEL I IA M HOLTZINGER 1 13 RU TVL.. BLVD - 7104,SCENIC DR Y'K A, WA '891:2 YAK A, • •8902 YAKIMA, WA 98908 • 1 181317 -33441 181317 -34403 181320 -2142 GARRY.L & VERA R GRIGGS JACK & LAVONNE DANIELS 3 416 N 68TH AVE z 7507 ENGLEWOOD AVE JAMES & GLENDA MORRISON ' YAKIMA, WA YAKIMA, WA 98908 1278 YAKIMA, WA 98906 1083 7318 ENGLEWOOD 98908 AVE . 98908 181320 -21424 181317 - 33427 181317 -42440 JAY &•THERESA M FARMER JEFFERY L WIDDOWS JERRE PAXTON • 7314 ENGLEWOOD AVE 9511 W WALNUT ST 6990 SCENIC DR YAKIMA, WA 98908 . YAKIMA, WA 98908 YAKIMA, WA 98K ' INDEX. 181317 - 44469 181317-33424 # _.. 6. 3 . OHN & LYNN PETTINGILL JON M & DIANA M DOLQUIST 181317 -43442 7512 MEADOW LN JULIANA YOUNG MAY • 2603 LILA AVE 603 N 74TH AVE AKIMA, WA 98908 YAKIMA, WA 98902 • VLVTM7 TaT nonnn i 1 REVISED NOTICE OF PETITION AND HEARING DATE: March 21, 2008 TO: Applicant & Adjoining Property Owners 1 FROM: Bruce Benson, Acting Planning Manager SUBJECT: Notice of Petition and Public Hearing for vacation of public right -of -way UAZO R/W VAC #1 -08, Petition #08 -01 NOTICE OF PETITION 1 The City of Yakima Department of Community & Economic Development has received a petition from Larry Loveless & Chuck Johnson/WCS Enterprises, LLC to vacate public right -of -way. The applicants -- 1 propose to vacate portions of public right -of -way adjacent to parcels of record east of parcels 181317- 34426, 181317 - 34412, located in the vicinity of 74 Avenue and W. Englewood Avenue, and portions of public right of way north of parcels 181317- 34426, 181317 -43439 and 181317 -43440 located in vicinity of 76` Avenue & Scenic Drive in the SR zoning district. 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 Street, Yakima, Washington. NOTICE OF PUBLIC HEARING This request requires that the Hearing Examiner hold an open record public hearing. The public hearing is scheduled for Thursday, April 10, 2008 beginning at 9:00 a.m.; in the Council Chambers, City Hall, 129 N 2nd Street, Yakima, WA. Any person desiring to express their views on this matter is invited to attend the public hearing or to submit their written comments to: City of Yakima, Planning Division, 129 N 2nd St., Yakima, WA 98901. If you have any question on this proposal, please call Vaughn McBride, Associate Planner at (509) 576- 6315 or e-mail at vmcbride @ci.yakima.wa.us Other Permits Required: City building permits Encl.: Vicinity Map, Mailing Map, Site Plan 1 1 DOC. INDEX icUTION,NO. AFFIDAVIT OF PUBLICATION APR 0 7 2008 .n13- 2008-46, I : >0S 29 4 8:a st a tw y l CITY OF YAKIMA pril t0 2 ©46ah e date PLANNING DIV. for a publ hearrng befofe STATE OF WASHINGTON,) the:Heanng Examiribi ;gon- cemin a:?;petition tq:;.va- ) catt3; a po of public COUNTY OF YAKIMA ) I right:of way •: betweian Scehic Plateau & .Engle- wood West 6ubdivisions • located in the'vicir Q ;of DEBBIE MARTIN, being first 'duly sworn on oath deposes and says that Ngrtti 74th i and she /he is the Accountant of Yakima Herald- Republic, Inc., • West. Englewood llvenue; I a nd venadlacerrtto,North76th a daily newspaper. Said newspaper is a le al newspaper Auan e d�Sceruc Dnve � g by the Superior Court of the State of Washington for approved WHEREAS , ? a p. tt , County under an order made and entered on the 13th day of February, AUA!; G581721 a petiiiota Y been during all of said time printed in an office maintained �h I as'baen,f1ed the 1968, and it is now and has been for more than six months o C {h the to the date of prior ■ parttalvacatlon f.apublic publication hereinafter referred to, nghtofway „7ncate<t iuutiin in the English language published thof Yalam ,,true guage continually as a daily newpaper in e Gity copye;of h faetgte attac t Yakima, Yakima County, Washin hed and , ^carpoxateii Washington. Said newspaper is now and has into tfti ution es i6 h'b'R a and a� at the aforesaid place of publication of said newspaper. WHEF.IEAS yard petgioh • has p en , Oh f j tj -the olvne of " ofe 3hanttuo- -0.4 )ofth That the annexed is a true copy of a: ht of wa p r y for pg`t1OF1 RESOLUTION NO. R 2008 -46 ARE, I h t- o .,which is ,fiequost- th ed tp 9 vaeatad as re I � quf�e�^;by +.s�ut r�N4W, Ther " t, it was published in regular issues r t .-1. ' f; of said newspaper once each DAY and foraad not in supplement form) 6E 41>T •A c71.VE© 8Y o period of 1 HE GIB Y GQI}fa} wQF DAY (S) to-wit; on T THE g1�1 bFYf : 4vlt4 r . The abnv e,pa pe the 21st day of MARCH, 2008 • titiori ii giattaoh- ed hereto 'a uicorporat= ed here4nsgEx"tti, is ;' k1 4 ferra . 1 : ;2 I s e c i ?ro rt ; 1 OSi1= the ■ .,,OA, h61* �t Jaen aSidr a(ee I wnttert�re m n, . t ,,dp } unr 4 1 ExantrrrershaIf bti deep E 7iiursea7,5740 - R008 I at. 420 -arrt ir , C GquwRi ab 0 • rititistc. .�, • • IttnsN er e,pgi !Alai thgf0114: ei ltrsnotice : 4 164 44 1511 .0 1 d4,6,0*- 60-t Pir. and the such newspaper was regularly distributed .to its subscribers r l ierHeane rner ,n ,tii�i'194 = nd t an❑eT • during all of said 58t7 8 ` ` ReW for the fore oin period: That the full amount of the fee charged 58- O ,teortoti 9 foregoing publication is the sum of $109.65 1 ,436 Q of the iritytof a- kima N mi od � i 72•-2aAi i COU NTL i3Y �e I rC Y P TY 1 1 CO11N�L'this i�tfi da of March 400 x • F °(09S4618 March 21 Accountant 2,008 :' ,. ',, I ; , „: - :;;;:,:::.:1'.';'" � ��„ J 1 OR 1j � ' h/ 1 ` <(,.. OIAA ��, p SUBSCRIBED AND SWORN to bef e me t his 1st day M 2008 _ O • . 0 0�IQAL 2. • • m Comm. Expires : _ p July 01, 2011 ;Z` DOC• �, NOTARY PUBLIC in an for the .O� %,9j...AUB1.\G• �`�`�� State of Washington, INDEX • residing at Yakima. • ' ',0 ,, o f IAN +A , \\ \' 1 . • • 1 1 PRESS RELEASE RESOLUTION NO. R -2008- A RESOLUTION fixing April 10, 2008 as the date for a public hearing before the 1 Hearing Examiner concerning a petition to vacate a portion of public right -of -way between Scenic Plateau & Englewood West Subdivisions located in the vicinity of North 74 Avenue and West . 1 Englewood Avenue; and adjacent to North 76 Avenue and Scenic Drive. WHEREAS, pursuant to RCW 58.17.212, a petition has been filed with the City Clerk, 1 requesting the partial vacation of a public right -of -way located within the City of Yakima, a true copy of which petition is attached and incorporated into this resolution as Exhibit "A "; and WHEREAS, said petition has been signed by the owners of more than two- thirds 9 Y 2 (/3) of the property abutting upon the public right -of -way (or portion thereof) which is requested to be vacated, as required by statute, Now, Therefore, 1 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The above- referenced petition for vacation, attached hereto and incorporated herein as 1 Exhibit "A ", 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 public hearing before the Hearing Examiner shall be held on Thursday, April 10, 2008 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 public hearing before the Hearing Examiner in the form and manner prescribed by RCW 58.17.080, RCW 58.17.090 and Section 1.43.080 of the City of Yakima Municipal Code. ADOPTED BY THE CITY COUNCIL this 18th day of March, 2008. 1 1 1 r . 1 INDEX 1 1 1 RESOLUTION NO. R- 2008 -53 1 A RESOLUTION fixing April 10, 2008 as the date for a public hearing before the Hearing Examiner concerning a petition to vacate a portion of public right -of -way between Scenic Plateau & . Englewood West Subdivisions located in the vicinity of North 74 Avenue and West Englewood Avenue; and adjacent to North 76 Avenue and Scenic Drive. 1 WHEREAS, pursuant to RCW 58.17.212, a petition has been filed with the City Clerk, requesting the partial vacation of a public right -of -way located within the City of Yakima, a true 1 copy of which petition is attached and incorporated into this resolution as Exhibit "A "; and WHEREAS, said petition has been signed by the owners of more than two- thirds (2/3) of the property abutting upon the public right -of -way (or portion thereof) which is requested to . be vacated, as required by statute, Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: 1 The above- referenced petition for vacation, attached hereto and incorporated herein as Exhibit "A ", 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 public hearing before the Hearing Examiner shall be held on Thursday, April 10, 2008 at 9:00 a.m. in the City Council 1 Chambers of City HaII, which date and time are not more than sixty (60) days nor Tess than twenty (20) days after the passage of this resolution. It is further resolved that the City Clerk give notice of the public hearing before the Hearing Examiner in the form and manner prescribed by RCW 58.17.080, RCW 58.17.090 and Section 1.43.080 of the City of Yakima Municipal Code. ADOPTED BY THE CITY COUNCIL this 18th day of March, 2008. 1 1 /s/ David Edler David Edler, Mayor 1 ATTEST: /s/ Deborah Moore City Clerk 1 DOC. 1 INDEX 1 • 1 AFFIDAVIT OF MAILING 1 STATE OF WASHINGTON ' CITY OF YAKIMA Re: R/W Vac #1 -08 Loveless / Johnson 1 74 & Englewood 1 . I, Rosalinda Ibarra, as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of Application and Public I 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 500 feet of 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 6,h day of March ,2008. 1 That I mailed said notices in the manner herein set forth and that all of the ' statements made herein are just and true. 1 • 1 Rosalinda Ibarra Planning Specialist 1 1 1 • 1 iOi / -jj44 181317 -43405 ANDREW S & JACQUELINE BRASSING ARTHUR & ARLENE VOLZ ARTHUR G & JEAN E ANDERSON 7105 ENGLEWOOD AVE 7705 GRAYSTONE CT 614 N 68TH AVE YAKIMA, WA 98908 -1223 YAKIMA, WA 98908 - • YAKIMA, WA 98908 -2170 • 1 181317 -33426 . 181317 -32431 181317 -43420 ARTURO & MARY L GARZA BALJIT & SONIAN SHARMA BRENT C & JUDITH P ROZELLE 3906 W CHESTNUT 7614 SCENIC DR 720 N 68TH AVE 11 YAKIMA, WA 98908 YAKIMA, WA. 98908 YAKIMA, WA 98908 -2172 181317 -34412 181317 -34422 181317 -43425 II CYNTHIA Y JOHNSON DALE W & MELANIE L POWERS ZIEGLE DANIEL A & VALERIE A DAY 7405 ENGLEWOOD 7411 ENGLEWOOD PO BOX 1622 YAKIMA, WA 98908 YAKIMA, WA 98908 YAKIMA, WA 98907 II 181317 -34414 181317 -34415 181317 -43429 II DANIEL D LORELLO DANIEL R & CYNTHIA D PETERSON DAVID & GAIL MYLLENBECK 7505 ENGLEWOOD AVE 7509 ENGLEWOOD AVE 7002 SCENIC DR YAKIMA, WA 98908 -1083 " YAKIMA, WA 98908 YAKIMA, WA 98908 II • I 181317 -43448 181317 -43443 181317 -43444 DAVID M &HELEN E BIXBY ELITE HOMES OF YAKIMA INC ELI.E HOME' •F YA IMA INC II 108 PEACHTREE LN #1 1113 FRUITVLE BLVD #3 1113 FRUI' L B 9 #3 YAKIMA, WA 98908 YAKIMA, WA 98902 YAKIM•, AA 989.2 -3) . . II 181,17 -43445 181317 -43446 181.17-43447 ELI.E HOMES 0' YAKIue INC LITE HO OF A INC ELI E HOM. • Y. I , INC 1113 FRUI' LE LVP #3 •113 FR TV _ =LVD : 111 F:. TVLE VD #3 YAKIM• A 9890 Y'KIM•, WA 98902 YAKIMA, WA 98902 1 II 18 317 -43449 181317 -43450 18 317-43460 ELITE HOME 0 YA IMA INC EL E HOMES OF IMA IN ELITE HOME. •F Y' .. A INC 111 FRU VLE B •o •3 111 FRUITV - BLVI :3 111 FRU "VL B D • YAKI WA 98902 YAKI A ' 98902 YAK WA 98902 18 317 -44466 " D 181317 -44475 ) 181317- 43432 1 EL TE HO .S OF IMA INC ELITE HOM s OF YAK uA INC FELICIA M HOLTZINGER • 111 FR. T-LE s VD #3 11 3 FRU VLL B .9 # 7104 SCENIC DR YAK WA •x902 YA u■, WA 98902 YAKIMA, WA 98908 I 181317 -33441 181317 -34403 181320 -21423 II GARRY L & VERA R GRIGGS JACK & LAVONNE DANIELS JAMES & GLENDA MORRISON 416 N 68TH AVE 7507 ENGLEWOOD AVE 7318 ENGLEWOOD AVE YAKIMA, WA 98908 -1278 YAKIMA, WA 98908 -1083 YAKIMA, WA 98908 • II 181320 -21424 181317 -33427 181317 -42440 JAY & THERESA M FARMER JEFFERY L WIDDOWS • JERRE PAXTON II .7314 ENGLEWOOD AVE 9511 W WALNUT ST 6990 SCENIC DR. YAKIMA, WA 98908 YAKIMA, WA 98908 YAKIMA, WA 98908 DOC. INDEX 1 • 181317 -44469 181317 -33424 181317 -43442 r JOHN & LYNN PETTINGILL JON M &DIANA M DOLQUIST • JULIANA YOUNG NIA 2� II 7512 MEADOW LN 2603 LILA AVE 603 N 74TH AVE AKIMA, WA 98908 • YAKIMA, WA 98902 YAKIMA, WA 98908 • 11181317-33421 181317 -34426 181317 -31408 KEVIN & LINDA HOLMES • - LARRY M & KIMBERLY K LOVELESS LAURIE & ASHLEY MILLER 7709 GRAYSTONE CT 1011 PROSPECT WAY '7611 SCENIC DR YAKIMA, WA 98908 YAKIMA, -WA 98908 YAKIMA, WA 98908 1 181317 -33425 181317 -34418 181 17 -34421 I LYNN D MULHALL MARCIA A HARRINGTON MAR IA A RRI ON :12) 1405 PERRY LOOP # 1 7511 ENGLEWOOD AVE . 751 LE AVE YAKIMA, WA 98902 YAKIMA, WA 98908 YAKIMA, WA 98908 1 • 1813.17 -43427 181317 -32430 181317 -33429 MARIE J ROBERTSON . MICHAEL A & RHONDA L TAYLOR MICHAEL B & KRISTIN G PREACHE 101 ENGLEWOOD AVE 1109 PECKS CANYON RD 6725 11TH AVE NW AKIMA, WA 98908 -1223 YAKIMA, WA 98908 SEATTLE, WA 98117 • • 1[81317-44474 181317-31411 - 11 181317 31410 M • ICHAEL V & KELLY P HOON .MICHELE L MURRAY ORLIN & PAULA KNUTSON' 2912 BARGE ST. 7210 SCENIC DR 7615 SCENIC DR 1[AKIMA, WA 98902 -2827. • YAKIMA, WA 98908 -1048 YAKIMA, WA 98908 -1050 11 81317 -33428 . 181317- 33412 181317 -31423 AMELA M HAYTER PETER P HELM RICHARD D & M MURRAY ROUX 7700 GRAYSTONE CT . 4151 FRUITVALE BLVD 7210 SCENIC'DR AKIMA, WA 98908 YAKIMA, WA 98908 YAKIMA, WA 989081048 li • ' D 81317 -42428 . 181317 -34407 18+317 -34408 ODERICK C & LISA G PLATH RONALD S & KARLENE EDWARDS RONALD S . .\ARLEN :AWARDS 0 BOX 1588 7409 ENGLEWOOD AVE 740• ■-' WOAD , fE YAKIMA, WA 98907 YAKIMA, WA 98908 YAKIMA, WA 98 1. , 1 1317 -3441 1 81317 -32429 181317 -43410 ALD S RLENE EDWARDS SCENIC RANCH LLC SERENA N TRAVIS • ENG WOO AV 1109 PECKS CANYON RD 7005 ENGLEWOOD AVE KI , WA 989 YAKIMA, WA 98908 YAKIMA, WA 98908 • II 181317 -44467 1:1317 -4446' 181320- 21400 STAN & ROBYN JOHNSON ST H . 'OBY JOHNSON STEPHEN H MOORE 1[ 723 HWY 97'• 56 .3 -• 97 PO BOX 19127 PPENISH, WA 98948 TOPP NISH, WA - 8948 • SACRAMENTO, California 95819 -0 i 1317 -43458 • 181317 -33433 181317 -43441 STEVEN H & JEAN A SOELBERG THE RABBIT PATCH LLC _ TIMOTHY J & JENNIFER A HURST 901 SUMMITVIEW AVE # 26'0 3401 BAY ST 4407 MAPLE AVE KIMA, WA 98902 UNION GAP, WA 98903 -1886 YAKIMA, WA 98901 I 1317 -31426 181317 -34404 181317 -31409 M & CHERIE HANSES TOM S & REBECCA ELWOOD . TORI ENTERPRISES LIMITED PARTN 7208 SCENIC DR 7407 ENGLEWOOD AVE 406 S 30TH AVE # 202 ( AKIMA, WA 989081048 YAKIMA, WA 98908 -1022 YAKIMA, WA INDEX 1[ 317-42441 181317 -34409 181317 -43438 # �- TER J & CONNIE A LOVERN WCS ENTERPRISES LLP WCS ENTERPRISES LLP 0 SCENIC DR 1770 RESERVOIR LOOP RD 2550 BROADLEAF CT AKIMA, WA 989081045 • SELAH, WA 98942 -8927 WENATCHEE. WA 9RRO1 1 1317 -4 9 181317-43440 181317 -43453 W EN RP SES LLP WC ENTERPRISES LLD WC' ENTE ! ISES LLP II 25 ROADLE CT 25 0 BRO CT 25'0 B:c•DL. F WENATCHEE, WA 98801 WEN , WA 98801 WE •" HEE, Wi 98801 1 ,3 181 17-43454 1:1317.4345 181317 -43456 WCS NTERP SES LLP W■S ENTE : — I` S LLP WC ENTERP SES LLP 1 2550 LE T 2 •0 " OADLEA 255 B L WENATCHEE, WA 98801 WENATCHEE, WA 98801 WENA HEE, WA 98801 — 12 ) 1 18 317 43457 181317 -43461 81317 -43462 1) WCS ENTE I S LLP S ENTER•'.SES LLP CS ENT "'IRIS : LLP 2550 ADLEA • 2 -0 :!:•DLEA 2 + :'OAD 1 WENATCHEE, WA 98801 WENATCHEE, WA 98801 WENATCHEE, WA 98801 • Charles Johnson 181317 -44459 18 317 -44470 18 317 -44471 • WCS ENTERPRISES LLP WC ENT R SES LLP. WC ENTERP ES 11 E 1ST AVE # 3 2550 OADLE T 2550 LE CT SELAH, WA 98942 -1434 WENATCHEE, WA 98801 WENATCHEE, WA 98801 1 181317 -44472 D .181317 -43431 181317 -33443 ' W ENT ISES LLP WILLIAM & JUDY BAILEY WILLIAM J FRODSHAM II 25 OADL 630 ESTEE CT 801 N 67TH AVE WENATCHEE, WA 98801 YAKIMA, WA 98908 YAKIMA, WA 98908 1 181317 -33423 181317 -43411 181317 -44473 1 WILLIAM R & BARBARA C COOK WILLIAM T COX ZAREH HARTOONIAN 112 PEACHTREE LN #2 7001 ENGLEWOOD 13022 NE 102ND PL YAKIMA, WA 98908 YAKIMA, WA 98908 KIRKLAND, WA 98033 • • Cindy Noble NFRD 1 84 labels prin d for. map sheet loveless- j'ohnson � • 5 W. Arlington Ave #c ' , P� Yakima, WA . 98908 1 I 3 �' ! 1 U� . • . f 1 1 • • 1 1 DOC. 1 INDEX �____ 1 Interoffice Distribution List Dayana Sanchez City Legal Bill Cook y g Director, CED Codes DECISIONS ONLY • Mike Antijunti Carolyn Belles City Clerk Engineering Codes . DECISIONS ONLY 1 Sam Granato Charlie Hines Sandy Cox 1 Police Chief Fire Chief Codes DECISIONS ONLY Joan Davenport Binder / File /Mail Traffic Engineering Office of Neighborhood and Development Services. DECISIONS ONLY 1 Jerry Robertson Codes 1 1 1 1 1 1 DOG. INDEX 1 • Press Release NOTICE OF PETITION AND HEARING DATE: March 6, 2008 TO: Applicant & Adjoining Property Owners • FROM: Bruce Benson, Acting Planning Manager SUBJECT: Notice of Petition and Public Hearing for vacation of public right -of -way UAZO R/W VAC #1 -08, Petition #08 -01 NOTICE OF PETITION The City of Yakima Department of Community & Economic Development has received a petition from Larry Loveless & Chuck Johnson/WCS Enterprises, LLC to vacate public right -of -way. The applicants propose to vacate portions of public right -of -way adjacent to parcels of record east of parcels 181317- 34426,181317- 34412, located in the vicinity of 74 Avenue and W. Englewood Avenue, and portions of public right of way north of parcels 181317- 34426, 181317-43439 and 181317 -43440 located in vicinity of 76` Avenue & Scenic Drive in the SR zoning district. 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 Street, Yakima, Washington. 1 NOTICE OF PUBLIC HEARING This request requires that the Hearing Examiner hold an open record public hearing. The public hearing is scheduled for Thursday, March 27, 2008 beginning at 9:00 a.m., in the Council Chambers, City Hall, 129 I N 2nd Street, Yakima, WA. Any person desiring to express their views on this matter is invited to attend the public hearing or to submit their written comments to: City of Yakima, Planning Division, 129 N 2nd St., Yakima, WA 98901. If you have any question on this proposal, please call Vaughn McBride, Associate Planner at (509) 576 - 6315 or e at. vmcbride @ci.yakima.wa.us. Other Permits Required: City building permits 1 1 1 • 1 1 1 i DOC. INDEX 1 1 AFFIDAVIT OF PUBLICATION RECEIVED • • 1 NOTICE OF PETITION APR 0 7 2008 AND HEARING STATE OF WASHINGTON, ) DATE: March 6, 2008 ) TO: Applicant & Adjoining CITY OF YAKIMA • PropertyOwners COUNTY OF YAKIMA ) PLANNING DIV. FROM: Bruce Benson, Acting, Planning Manager SUBJECT Notice of Peti -' • tiori and'Pubiic Hearing for • DEBBIE MARTIN, being first duly sworn on oath deposes and says that waytion of public right -of - she /he is the Accountant of Yakima Herald - Republic, Inc., 1 UAZO; RPN VAC #i a daily newspaper. Said newspaper is a legal newspaper a pproved Petition #o8 01 - I g • NOIICEOE:PETITIO a . by the Superior Court of the State of Washington for Yakima The City;:ofr Yakime ;De County under an order made and entered on the 13th day of February, pertinent, of Community & y 1 • Economic Development - 1968; and it is now and has been for more than six months prior has •received a, petition t o the date O f P publication hereinafter referred to, published from tarry Loveless : & • Chuck;'Johnson/WCS En - in the English language continually as a daily newpaper in teroi-*K:Lccl& vacate public -.fightof -way The Yakima, Yakima County, Washington. Said newspaper is now and has II applicants propose to va> been during all of said time cats - portions of public printed in an office maintained nght ofway' adjacent °to at the aforesaid place of publication of said newspaper. parcels oi; ,record -,east ° of parcels: "181317= - 34426, . 181317,=34412 ;located - =in the vicinity of 74th Avenue I. . and W. Englewood Ave- That the annexed is a true copy of a: . nue and portions of public right of ?way north offpar, NOTICE OF PETITION .AND HEARING, cell 181317 34426, - 181317 - 43439 *r and 181317 -43440 located in • it was published in regular issues (and not in supplement form vicinity of 761h Avenue'& pp form) ScenrcDnve,ili the SR • of said newspaper once each DAY and for a period of 1 zoning.'distnct yThB- file DAY (S) to-wit; on containing `" thecomplete application is aveilablefor I public • review at th'e City:of Yakima' Planning Division, the 6th day of MARCH, 2008 2nd floor City ; Hall _129 North'2nd Street tYakima, . Washington g r, -i- • • NOTICE OF -- rPUBLIC I 1 HEARINGtt it 7, This request requires that thOadiirif Examiner hold • an open' record! putilic heanng ublic hear- j I ing is scheduled for Thurs �' - day March 27 2008 be 1 ginning4900am inthel •Council Chambers City 1 •Halt,_.1 Milli reet,; -' kima WA Anyperson de -, . stung to express their j views' on ttils�mattet is in- • vited to' attenddthe, public' hearifiOr,tGs diir;ait their wntten.;comments to =City of Yakima Planning.,Divi- Sion 29 1 t� 'end St Yaki- ma, WA:98901r' + -? If you ,bane any, question on - thishproposal,- please call Vaughn McBride As- socials : :Planner -at (509) 57663 or1'email . at and the such newspaper was regularly distributed to its subscribers I vrraabrtdeee yaki during all of said period. That the full amount of the fee charged Other Permits Required: for the foregoing publication is the sum of $93.53 City building permits .,,._. , n (09546039) March 6; 2008 ) / .L1 / • Accountant 1 , 1 SUBSCRIBED AND SWORN to b re me thi llth da of March, 2008 C' i� NOTARY PUBLI for the State of Washington, residing at Yakima. . DEC. ' INDEX • # C� 5 • • 1 1 NOTICE OF PETITION AND HEARING DATE: March 6, 2008 TO: _ Applicant & Adjoining Property Owners FROM: Bruce Benson, Acting Planning Manager SUBJECT: Notice of Petition and Public Hearing for vacation of public right -of -way 1 UAZO R%W VAC #1 -08, Petition #08 -01 NOTICE OF PETITION 1 The City of Yakima Department of Community & Economic Development has received a petition from Larry Loveless & Chuck Johnson/WCS Enterprises, LLC to vacate public right -of -way. The applicants propose to vacate portions of public right -of -way adjacent to parcels of record east of parcels 181317- 34426, 181317- 34412, located in the vicinity of 74 Avenue and W. Englewood Avenue, and portions of public right of way north of parcels 181317- 34426, 181317 -43439 and 181317 -43440 located in vicinity of 76 Avenue & Scenic Drive in the SR zoning district. The file containing the complete application is 1 available for public review at the City of Yakima Planning Division, 2nd floor City Hall, 129 North 2nd Street, Yakima, Washington. NOTICE OF PUBLIC HEARING 1 This request requires that the Hearing Examiner hold an open record public hearing. The public hearing is scheduled for Thursday, March 27, 2008 beginning at 9:00 a.m., in the Council Chambers, City Hall, 129 N 2nd Street, Yakima, WA. Any person desiring to express their views on this matter is invited to attend the public hearing or to submit their written comments to: City of Yakima, Planning Division, 129 N 2nd St., Yakima, WA 98901. If you have any question on this proposal, please call Vaughn McBride, Associate Planner at (509) 576= 6315 or e at vmcbride @ci.yakima.wa.us. Other Permits Required: City building permits Encl.: Vicinity Map, Site Plan 1 1 1 Doc. 1. INDEX 6., 1 1 1 1 AFFIDAVIT OF POSTING STATE OF WAS . INGTON 1 RE: aCn1'I Z" ?k$GIG - gl6; (' of-G'4 IN 0(6 thciday or A 70 ititiroe erw,6149wet, 1 y otkp44 1 W yee of the Yakima City Planning vision, I posted a g 1 copy As an of emplo the Resolution fixing time of public hearing Di before have the Hearin Examiner on the z day of A , 2008. 1 Notices were posted on the 66- day of / /4tRC ' 2008 at the following locations: Lobby of City Hall, County Auditor's Office, and the Yakima Regional Library. 1 ' S igned 1 1 1 1 DOC. 1 INDEX # G�3 1 RESOLUTION NO. 2008-46 A RESOLUTION fixing March 27, 2008 as the date for a public hearing before the Hearing Examiner concerning a petition to vacate a portion of public right -of -way between Scenic Plateau & Englewood West 1 Subdivisions located in the vicinity of North 74 Avenue and West Englewood Avenue; and adjacent to North 76 Avenue and Scenic Drive. WHERE S, pursuant to RCW 58.17.212, a petition has been filed with the City Clerk, requesting the partial vacation of a public right -of -way located within the City of Yakima, a true . 1 copy of which petition is attached and incorporated into this resolution as Exhibit "A "; and WHEREAS, said petition has been signed by the owners of more than two- thirds (2/3) of the property abutting upon the public right -of -way (or portion thereof) which is requested to be 1 vacated, as required, by statute, Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: 1 The above- referenced petition for vacation, attached hereto and incorporated herein as Exhibit "A ", is hereby referred to the Hearing Examiner for public hearing pursuant to section 111 • 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 public hearing before the Hearing Examiner shall be held on Thursday, March 27, 2008 at 9:00 a.m. in the City I 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 public hearing before the Hearing Examiner in the form and manner prescribed by RCW .58.17.080, RCW 58.17.090 and Section 1.43.080 of the City of Yakima Municipal Code. ADOPTED BY THE CITY COUNCIL this 4th day of March, 2008. 1 /s/ David Edler David Edler, Mayor 1 ATTEST: - 1 /s/ Deborah Moore City Clerk 1 1 DOC. INDEX 0 c - � L RECEIVED 1 CITY OF YAKIMA & `�x' _+ MAR 0 3 2008 i krF$ 1 `: ", °°� " " CITY OF ®��v� LAND USE ACTION INSTALLATION 1 CERTIFICATE Project Number - 'i tv § K 1 - M Date of Installation: z-�c *b€ I Site Address: iii t f�'1` -4v 0 7 1 • p 'otd 4sii Location of Installation (Check One) 1 Land Use Action Sign is installed per . standards described in YUAZO § 15.11.090(C). 1 Land Use Action Sign is installed in an alternate location on the site. Note: this alternate location" (if not pre- approved by the Code Administration and Planning Manager) may not be acceptable by the Code Administration and Planning 1 Division and is subject to relocation (at the owner's expense) to a more visible site on the property. 1 The alternative location is: 1 1 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. Applicants Name (please print) Date 1 • pp J, : nts Stignature 1 TeleP Applicant p hone Number of A i Ati, T 0 9.— I 1 05- L f 2 - ° 6 NI 1 The requi period will begin when the Code Administration and Planning Division have received the Land Use Action Sign Installation Certification. The date of 1 installation certificate receipt will begin the notice period. Failure to post a Land Use Action sign and return this form in a timely manner will cause a delay in the application review. 1 Please remit the above certification and deliver; FAX at 509 -575 -6105; or mail to: City of Yakima, Code Administration and Planning Division, 129 North Second 1 Street, Yakima, WA 98901. INDF_X 1