HomeMy WebLinkAbout2024-017 Public hearing and Ordinance to consider the Hearing Examiner's recommendation regarding a right-of-way petition submitted by Hordan Planning Services on behalf of Corporation of the Catholic Bishop of Yakima to vacate a portion of N. 4th St. ORDINANCE NO. 2024-017
AN ORDINANCE relating to land use; vacating N. 4th St. right-of-way between E. Lincoln
Ave. and E. Martin Luther King Jr. Blvd. in the City of Yakima, Washington.
WHEREAS, by petition dated November 14, 2023 (Petition #23-04), which included
signatures of the owners of more than two-thirds of the parcels abutting the property proposed to
be vacated, Hordan Planning Services, on behalf of Corporation of the Catholic Bishop of Yakima,
requested to vacate a portion of platted City of Yakima right-of-way more particularly described in
Exhibit "A", attached hereto and incorporated herein by this reference generally known as the
block of North 4th Street between East Martin Luther King Jr. Boulevard and East Lincoln Avenue,
in Yakima; and
WHEREAS, the City of Yakima has evaluated the location of the right-of-way and
determined that it is appropriate to vacate the right-of-way as there are no future plans to further
develop or improve said right-of-way and there are multiple other methods to get to locations
within that portion of the City which do not necessitate the use of this block of North 4th Street;
and
WHEREAS, on April 12, 2024, the Hearing Examiner for the City of Yakima conducted an
open-record public hearing regarding the requested right-of-way vacation, and, heard from both
the City and the applicant, as well as the public through written and oral public testimony; and
WHEREAS, on April 22, 2024, the Hearing Examiner issued his Recommendation
regarding RWV#001-23, recommending that the platted street right-of-way be vacated, upon
fulfillment of certain conditions which recommendation is attached hereto and incorporated herein
by this reference as Exhibit "B"; and
WHEREAS, at an open-record public hearing held on June 18, 2024, 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, additional statements by the petitioners and city staff, and the statements and
comments provided during public testimony; and
WHEREAS, as stated in the Hearing Examiner's recommendation, compensation to the
City is necessary for this right-of-way vacation due it being part of a dedicated public right-of-way
for twenty-five years of more, in accordance with YMC § 14.21.070, which states that the applicant
shall compensate the city the full amount of the appraised value if the property has been part of
a public right-of-way for more than 25 years, and because the applicant does not fall under the
exceptions to the full compensation requirement; 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 ordinance, Yakima Municipal Code Chapter 14.21, are correct and appropriate,
and that the same should be adopted by the City Council as its findings herein; and
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designations, and the right-of-way vacated shall now and henceforth be subject to all regulations
of the General Commercial zoning district.
Section 5. Following vacation, any proposed improvements to the vacated property
shall go through the proper land use review pursuant to the Yakima Municipal Code and as
determined by the Planning Division.
Section 6. After the City Council passes this Ordinance and prior to the City recording
it with the Yakima County Auditor, applicant shall submit to the administrative official a record of
survey prepared by a registered surveyor of the exact metes and bounds and any and all
easements for existing and future utilities and services pursuant to YMC 14.21.110.
Section 7. 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 8. This ordinance shall be in full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter, and the vacation approved
herein shall be effective upon recording with the Yakima County Auditor. The City Clerk is hereby
authorized and directed to file a certified copy of this ordinance with the Yakima County Auditor.
PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this 18h
day of June, 2024.
ATTEST: � rriA a icia Byers, Ma or
randy radforc, eputy City Clerk 44.4.1
Publication Date: June 22, 2024
Effective Date: July 22, 2024
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WHEREAS, the City Council finds that it is in the best interest of the City and its residents
to vacate the right-of-way described in Exhibit A attached hereto and fully incorporated here
pursuant to the Hearing Examiner's recommendation and conditions and 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 North 4th St. right-of-way running approximately 400 feet from E.
Lincoln Ave. to E. Martin Luther King Jr. Blvd. in the City of Yakima, Washington, more particularly
described in Exhibit "A", attached hereto and incorporated herein by this reference, is hereby
vacated by the City of Yakima subject to the conditions herein to the abutting property owners,
one-half to each.
Section 2. The findings, conclusions and conditions within the April 22, 2024 Hearing
Examiner's Recommendation (RWV#001-23), regarding this right-of-way vacation are hereby
adopted by the City Council as its findings, conclusions and conditions in support hereof, pursuant
to Yakima Municipal Code Chapter 14.21 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, and will not be effective until, the Corporation of the Catholic Bishop of Yakima's
satisfaction of the following conditions, as stated on page 8 and 9 of the Hearing Examiner's
Recommendation:
1. Access to the City's water, wastewater and stormwater facilities shall be
maintained at all times.
2. The City shall have and retain, and the abutting property owners shall grant, an
easement for water, wastewater, and stormwater facilities over, underneath,
through and across the vacated right-of-way, legally described in Exhibit A and
fully incorporated herein, for operation, construction, access, and maintenance of
the City's water, wastewater and stormwater facilities. This ordinance enacted by
the Yakima City Council to vacate shall not become effective until all easement
documents have been executed.
3. The amount of$252,000.00 shall be paid to the City of Yakima to compensate the
City for the vacated right-of-way, pursuant to YMC 14.21.070. This ordinance
enacted by the Yakima City Council to vacate shall not become effective until
payment has been received.
4. Pursuant to YMC 14.21.100, applicant shall pay the City the full costs associated
with recording this Ordinance with the Yakima County Auditor's Office, in advance
of recording. Pursuant to YMC 14.21.120, the City retains control of the proposed
vacated public right-of-way until all payment is received.
Section 4. Pursuant to YMC 14.21.090, the City designates the zoning district of the
vacated right-of-way to be General Commercial, inclusive of the applicable zoning district
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EXHIBIT "A"
LEGAL DESCRIPTION NORTH 4TH STREET VACATION
THAT PORI ION OF NORM 4" SI REF 1 EV IN(i NOR ni OF rim NORTH RIGIIT-OF-WAY I INE
OF EAST MARTIN LUTHER KING JR BOULIA ARD AND SOUTH OF THE SOUTH RIGH1-0E-
AY I INE OF EAST LINCOLN AVENUE.
EXHIBIT "B"
CITY OF YAKIMA HEARING EXAMINER ; i i r'
PIANNI`:
IN THE MATTER OF ) RECOMMENDED FINDINGS OF
FACT,RECOMMENDED
) CONCLUSIONS OF LAW,
) AND RECOMMENDED DECISION
RWV001-23 )
RIGHT-OF-WAY VACATION )
THIS MATTER having come on for hearing in front of the City of Yakima Hearing Examiner on
April 12, 2024, the Hearing Examiner having taken evidence hereby submits the following
Recommended Findings of Fact,Recommended Conclusions of Law,and Recommended Decision as
follows:
I. RECOMMENDED FINDINGS OF FACT
I. Descriotjou of Request: Proposal to vacate right-of-way at N.4th St.between E.Lincoln Ave.
and E.Martin Luther King Jr.Blvd
2. Background:On November 14,2023,the City of Yakima Department of Community
Development received a petition from Hordan Planning Services on behalf of the Catholic
Bishop of Yakima Corp.for the vacation of a portion of right-of-way.The proponent has
requested this vacation for the purpose of owning and maintaining the right-of-way for the
purpose of on-campus traffic management and student safety.
3. Hearing Examiner Authority:The Hearing Examiner has jurisdiction to conduct public hearings
on petitions and resolutions to vacate streets and public right-of-way pursuant to RCW Ch.
35.79. Decisions of the examiner on such matters shall constitute a recommendation to the City
Council(YMC§ 1.43.080(H)).
4. UrbanArea Zoning Ordinance:Technically,street rights-of-way are not designated with an
underlying zoning district.However,upon vacation they become zoned the same as the
properties to which they are immediately contiguous.In this case,the contiguous zoning is
General Commercial(GC).The entire portion of N.4th St.to be vacated will be zoned GC
upon vacation,consistent with the zoning that is currently located along the right-of-way.
5. Yakima Comprehensive Plan 2040:Street rights-of-way do not contain an underlying
Comprehensive Plan designation.Upon vacation they will obtain the same Comprehensive Plan
designation as the properties to which they are immediately contiguous.The subject portions of
right-of-way,once vacated,will have a Future Land Use Designation of Commercial Mixed-
Use.
6. Revised Code of Washington(RCM 35,79:This chapter of state law stipulates the state's
requirements for the process of vacating street right-of-way.All requirements of this chapter
that can be accomplished prior to the public hearing have been fulfilled.State law provides that
the property within the limits to he vacated shall belong to the owners of the lots abutting each
RWV 001-23
Right-Of-Way Vacation
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side of the vacated area,one-half to the owners on each side of the vacated area IRC W § �,� "'
l , ,._
35.79.040),
7. The property being vacated is considered public right-of-way and surrounding properties have
the following characteristics:
8. Direction-Zoning-Land Use
8.1. North: Zoning:none. Land Use: Public Right-of-Way
8.2. SQttth: Zoning:none. Land Use: Public Right-of-Way
8.3. East: Zoning:General Commercial(GC) Land Use: Offices and Clinics,
Parking Lot,Vacant Land
8.4. Wes: Zoning:General Commercial(GC) Land Use: Church, Elementary and
Middle School
9. On December 19,2023,a DST meeting was held to discuss the possible impacts of this vacation.
The following comments were received from public agencies and private companies with an
interest in the development herein being reviewed
9.1.Surface Witter: The City of Yakima has storm drain pipes in the east and west sides of 4th
Street within this block.These pipes are part of a system that conveys stormwater to the
Yakima River.
9.2.Traffic Engineering:Traffic volumes on this section of 4th St are low,and arc almost all
generated by school business. By vacating the right of way on this block,it will allow the St.
Joe/Marquette school to create a traffic pattern for student drop off and pick up that will
reduce and/or eliminate the vehicle backups that currently block 3rd Street.
9.3.Wastewater: There is an active City Sewer mainline in this portion of N 4th St. If street is
vacated,there will need to be a recorded easement for sewer line per YMC requirements.
Full access shall be provided to the existing wastewater facilities for operation, maintenance
and repairs.
9.4 Wa rilrrigation:The following are general comments regarding the existing site conditions
for the above referenced project:
9.4.1.nccres an existing looped eight-inch cast iron waterline in N.4th St.
9.4.2.There are numerous existing water service to the parcels along this portion of N.4th St.
9.4.3 There's an existing fire hydrant off of the looped eight-inch waterline at the southeast
corner of N. 4th St.and E. Lincoln Ave.
9.4.4. A 16-foot easement shall be provided for all existing water facilities within the vacated
portion of N.4th St. No structures,trees or permanent ground features that would
obstruct access to the existing water facilities shall be installed within the proposed
easement. Full access shall be provided to the existing water facilities for operation,
maintenance and repairs.See attached proposed easement document. Easement
document shall be executed by the applicant,approved by City and recorded.
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9.4.5.C;iven the age and material type of the waterline(1940's era cast iron),applicant should
consider replacement of the existing waterline to avoid future damage to improvements
within the area of the requested vacation due to possible waterline breaks.
10. Public Use Of The Right-Of-Way: The subject portion ofN.4th St. to be vacated is currently
improved and maintained by the City of Yakima,and includes curb,gutter,and sidewalk on both
sides of the street.
11. Criteria For Vacation Of Right-Of-Way: YMC Ch. 14.21 provides specific guidelines for right-
of-way vacations. These guidelines include five criteria that must be met in the granting of
vacation petitions.They are as follows:
12. The petitign must explain the public benefit of the project,the reasoning of the proposed
vacation,and the limits of the vacation.The purpose of the proposed vacation is to assemble
commonly owned properties into a single contiguous parcel to provide safety and security to
students and parishioners of St.Joseph-Marquette school and St.Joseph church. In November of
2021,the Corporation of the Catholic Bishop of Yakima had the opportunity to purchase a vacant
1.03 acre parcel of property near its 2.50 acre school and church campus.The vacant 1.03 acre
parcel was purchased and has since had a new gymnasium constructed on it.Unfortunately,the
new gymnasium lies east of North 4th Street,while the school and church campus lies west of
North 4th Street.Thus,the individual structures and land that make up the total campus are
bisected by North 4th Street.
This application requests the right-of-way vacation of North 4th Street from Marlin Luther King
Boulevard, north,to East Lincoln Avenue.There are two property owners with direct frontage on
both sides of this section of North 4th Street.One being the applicant(Corporation of the
Catholic Bishop of Yakima),and the other being M&G Property Partners. which has enjoined in
this application.
The safety and security of students,stuff,parishioners and others on the campus are paramount to
the Corporation of the Catholic Bishop of Yakima.The vacation of the North 4th Street right-
of-way would permit students,staff and others,at the St.Joseph Marquette school,to walk from
the existing school and church campus directly to the gymnasium without having to cross South
4th Street.The right-of-way vacation would provide the safety needed to protect those walking
between the school and church campus,to the gymnasium,by completely removing
pedestrian-vehicle interaction.Alleviating this pedestrian-vehicle interaction is the primary goal
of this right-of-way request.
Currently,students and staff,cross North 4th Street approximately 16 times per weekday during
the school year. North 4th Street has traffic traveling both north and south,as well as vehicles that
park along North 4th Street,and then back into the North 4th Street right-of-way. These two
factors create a dangerous situation,especially for young students.Vacating the right-of-way
separates the pedestrian-vehicle interaction and removes the risk of an accident.
12.1. J'caring Examiner Recommended Finding: Vacating this portion ofN.4th St.will
hcnefit the public by allowing the St.Joseph campus to control traffic circulation and protect
students and other pedestrians accessing properties adjacent to the length of the vacation
taking place.
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13. The vacation of right-of-way does not deny sole access to any.propertjy.The vacation of the right-
of-way permits the property owner with an opportunity to control access to the school and church
campus by installing fencing and gates around all improvements to help ensure security. As part
of the right-of-way vacation project, it is proposed that one private main entrance to the campus
be established at the current intersection of North 4th Street and East Lincoln Avenue.Creating
this main entrance provides an opportunity to reroute vehicle traffic,primarily associated with the
school,in a new circulation pattern.The new pantrn will reduce traffic congestion,currently
enonuntered on North 3rd Street,by permitting substantial off-street vehicle stacking within the
vacated North 4th Street right-of-way.
13.1. Hearing Examiner Recommended Finding: It has been determined that no sole access
will be prohibited due to this right-of-way vacation. While this section ofN.4th St. is
currently used as a public street,vacation of the right-of-way will maintain vehicular access
for all adjacent property owners via W. Lincoln Ave.This rerouting of traffic benefits both
cross streets,as with this change backups will no longer occur on Martin Luther King Jr.
Blvd.
14. Petitions should be consistent with the Six-Year Transportation Improvement Plan,,UJrrran_Area
Comprehensive Plan and other official city plans andjslicits. A portion of the vacated right-of-
way is proposed to be reserved as an open grass area_Currently,the St.Joseph Marquette school
has no substantial grass or landscaped areas on its campus. This is primarily due to its urban
setting and lack of space for such improvements It is intended that a large area near the
intersection of North 4th Street and MLK Jr. Boulevard be reserved for that purpose.'this will
provide an area for reflection and recreational purposes
There are many public benefits to this proposal. The project is intended to create a safe and secure
setting for students,teachers,parishioners and others within the campus boundaries which is
located within the downtown Yakima urban setting. Urban settings present many challenges.
Some challenges are predictable,while others are not.This proposal provides the applicants an
opportunity to assemble their properties into a single campus and secure the facility with
perimeter fencing to help prevent unpredictable challenges.
14.1. Hearin tt Examiner Recamrniended Finding;: The current Transportation Improvement
Plan(TIP)indicates no planned improvements are to be done to the right-of-way that is to be
vacated. It is currently designated as a Local Access street which experiences a minimal
amount of daily traffic.
15. Vacation requests should be appropriate with existing and anticipated development in the area,
based on zoning current use and long range plans. The public benefits by eliminating the danger
of pedestrian-vehicle interaction and provides safety to all pedestrians and drivers.A new on-site
transportation circulation pattern has been established to correct existing oaf-site traffic
congestion which currently occurs on North 3rd and North 4th Streets between MLK Jr.
Boulevard and Last Lincoln Avenue.
15.1. blearing Examiner R.ecororricuded Finding: In recent years the main school building
has been renovated and a new gymnasium is being constructed.The vacation of N.4th St.
will allow the church and school uses on both sides of the street to be unified into a
pedestrian-friendly campus.
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16. Are there any public or franchised utilities in the right-of-way to be vacated and if so,will they__be l AN Jli'•!Gi mkt
relociatecr Access to existing City of Yakima water mains,sewer mains and storm water facilities
will be preserved in the form of an casement which will cover the entire right-of-way vacation
area.Thus,City maintenance crews will be able to maintain and/or replace those facilities as
necessary.
For the reasons stated above,a wide variety of public benefits arc accomplished by this right-of-
way vacation.
16.1. }luring Examiner Recommended Finding: Access to the City's sewer and water
casements shall be maintained at all times.
17. Comptaation:
17.1. YMC§ 14.21,070(A)states,"The applicant shall compensate the city in an amount
which does not exceed one-half the appraised value of the area so vacated. If a public right-
of-way has been part of a dedicated public right-of-way for twenty-five years or more,or if
the subject property or portions thereof were acquired at public expense,the city may require
the owners of the property abutting the public right-of-way to compensate the city in an
amount that does not exceed the full appraised value of the area vacated."
17.2. The right-of-way proposed to be vacated was dedicated 25 years ago or more,and the
applicant had it appraised at$252,000.00.The hill amount shall be compensated to the City
of Yakima in exchange for the vacation of the right-of-way.
17.3. Pursuant to RCW 35.79 030,one-half of the revenue received as compensation for
the area vacated must be dedicated to the acquisition,improvement,development,and
related maintenance of public open space or transportation capital projects within the city.
18. Traffic Study:
18.1. The City of Yakima Traffic Engineer has determined that a traffic study is not
required for this right-of-way vacation.
19. Environmental review:
19.I. Street vacations are categorically exempt from SEPA review(WAC 197-11-800(2Xi)
and YMC Ch.6.88).
20. The Yakima City Council set the date of this public hearing for street vacation on March 5,2024,
by Resolution Nu. R-2024-035, in accordance with RCW 35.79.010. Other notices of this hearing
were provided for in the following manner:
20.1. Adjoining property owners notified March 12,2024
20.2. Legal ad published March 12,2024
20.3. Posting of right-of-way March 13,2024
20.4. Posting in three public places March 13,2024
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21. A total of 16 comments were received from the public as of April 5,2024,all in favor of the PLANNING DIV.
right-of-way vacation,noting potential improvements to pedestrian and traffic safety,along with
the potential for securing and enhancing the campus.
22. Petition signatures for this vacation were obtained from the necessary two-thirds of the property
owners fronting this vacation.
23. The subject right-of-way was dedicated as part of the Plat of the Town of North Yakima,
recorded February 29, 1885.
24. If this request is approved,the vacated right-of-way will be zoned GC.
25. No properties will be denied sole access to the public street system by vacating this right-of-way.
26. The petition for vacation of this public right-of way does not conflict with any planned street
improvement projects or other plans or projects of the City of Yakima.
27. The intended use of the property,once vacated,will benefit the general public as it will improve
pedestrian and traffic safety across the church and school campus,along with the potential for
improved open space.
28. A traffic study for this proposal was not required but was done.
29. All necessary requirements for street vacations in RCW 35.79 are met.
30. In accordance with YMC§ 14.21.070(A),due to the right-of-way being dedicated for 25 years or
more,full compensation to the City is required for this vacation.
31. No letters were received in opposition to this proposal.
32. An open record public hearing after due legal notice was held on April 12.2024.The !tearing
Examiner attended this meeting by video teleconference.
33. Admitted into the records were the following exhibits:
33.1. Ex.A. Staff report,
33.2. Ex. B. Maps,
33.3. Ex.C. Site Plan,
33.4. Ex. D. DST Review,
33.5. Ex. E. Applications,
33.6. Ex. F. Public Notices,
33.7. Ex.G. Agency/Public Comments
34. Appearing on behalf of the Applicant were James Carmody,Bill Hordan,and David Brown. Mr.
Carmody testified that he was the attorney for the Applicant. Ile was not placed under oath. He
provided argument based upon facts in the record.
35. Bill Hordan testified that he was an agent authorized to appear and speak on behalf of the
Applicant and property owner. He was testifying as to issues within his areas of expertise as a
planner and hearing examiner.He submitted the following exhibits into the record:
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35.1. Ex. H. Supplement to criteria to support public benefits analysis,
35.2. Ex.I. Draft Right-of-Way Easement,
35.3. Ex.J. Requirements for Right-of-Way Vacation Application,
35.4. Ex. K. Six(6)Aerial Photographs.
36. Mr.Hordan generally testified that the application met all of the requirements of the Yakima
Municipal Code.
37. David Brown testified on behalf of the Applicant. He testified that he was an agent authorized to
appear and speak on behalf of the Applicant and property owner. He testified as to increased
safety that would result from this vacation. He offered Exhibit L.that was admitted into the
record. Exhibit L is a Site Diagram of the on-site circulation.
38. Mr.Carmody's argument conformed with the written materials. His primary argument was based
upon the compensation that should be paid by the Applicant to the City. He generally argued that
the requested fair market appraised value, in full,is not fair to this applicant He argued that a
lesser amount,no more than one half of the assessed value,down to zero(0), be required by the
City to acquire this right-of-way.His argument was that the code requirement in Yakima
Municipal Code,YMC 14.21.070,that one hundred(100)percent value must be paid if the right
of way is twenty-five(25)years older or more,does riot make sense to the applicant.
39. The Hearing Examiner would find,based upon the testimony that was presented at the hearing,
that the applicant will obtain a significant economic value by the vacation ot'this right-of-way.
First of all,it would eliminate a public road way and combine two(2)parcels that are currently
separated by that roadway.Although the students can currently safely cross North 41'Street
utilizing sidewalks,vacating this right-of-way will not only create greater safety for students on-
site as they travel between their classrooms and the gymnasium,but also will allow green space
to be developed,which currently,apparently,can not be developed because of the road bisecting
the two parcels. The testimony was significant that this new greenspacc will add significant value
to the applicant.
40. The Hearing Examiner finds that the code provision of payment of the full apprased value for the
vacated area. is appropriate.
41. Testifying from the public were the following individuals:
41.1. Tony Courcv:Mr.Courcy testified that the crosswalk that was put in on North 4'
Street did not work
41.2. Max Neufeld: Mr.Neufeld is a seventh-grad student at the school that is located on-
site. He testified that removing the roadway would make the site safer for students.
41.3. Abigail Winterfield:Ms. W interfield is a fourth-grade student at the school that is
located on-site.She stated that there is a crosswalk and a speedbump that currently exists,
but that parked cars on North 44 Street impact the view of oncoming traffic when trying to
cross the road.
41.4. Father Ouiroga: Father Quiroga is the Parochial Vicar and Chaplain of the school.He
also testified about the impact of funerals that are held at the church and school activities and
that this vacation would lessen those impacts.
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41.5. Joe Mann:Mr.Mann is a Yakima downtown business property owner, He indicate MIN
that he agreed with the vacation.
41.6. Johanna Thielan: Ms.Thielan testified that she has two(2)children that attend the
school and that this vacation would relieve some safety concerns that she has.
IL RECOMMENDED CONCLUSIONS OF LAW
I. Petition signatures for this vacation were obtained from the necessary two-thirds of the property
owners fronting this vacation.
2. The subject right-of-way was dedicated as part of the Plat of the Town of North Yakima,
recorded February 29, 1885.
3. If this request is approved,the vacated right-of-way will be zoned GC.
4. No properties will be denied sole access to the public street system by vacating this right-of-way.
5. The petition for vacation of this public right-of way does not conflict with any planned street
improvement projects or other plans or projects of the City of Yakima.
b. The intended use of the property,once vacated,will benefit the general public as it will improve
pedestrian and traffic safety across the church and school campus, along with the potential for
improved open space..
7. A traffic study for this proposal was not required,but was done.
8. All necessary requirements for street vacations in RCW 35.79 are met.
9. In accordance with YMC § 14.21.070(A),due to the right-of-way being dedicated for 25 years or
more,full compensation to the City is required for this vacation.
10. No letters were received in opposition to this proposal.
lll. RECOMMENDED DECISION
Based on the above Recommended Findings of Fact and Conclusions of Law,the Hearing Examiner
recornmends that the vacation of platted right-of-way adjacent to land owned by the Catholic Bishop
of Yakima Corp.and M&G Property Partners be APPROVED.
IV.RECOMMENDED CONDITIONS OF APPROVAL
1. 'fhe vacated right-of-way shall be zoned GC,
2. Access to the City's sewer and water casements shall be maintained at all times.,
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3. A water easement shall he recorded with the City of Yakima,
4. An ordinance enacted by the Yakima City Council to vacate this public right-of-way shall not
become effective until the applicant or the owners of the property abutting it have compensated
the City in the amount of$252,000.00,
S. Following vacation,any proposed improvements to the property shall go through proper land use
review as determined by the Planning Division.
Dated this 2?-llay of April,2024.
CITY OF YAKIMA HEARING EXAMINER
A -w G.Kottkamp
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Right-Of-Way Vacation
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 8.A.
For Meeting of: June 18, 2024
ITEM TITLE: Public hearing and Ordinance to consider the Hearing Examiner's
recommendation regarding a right-of-way petition submitted by
Hordan Planning Services on behalf of Corporation of the Catholic
Bishop of Yakima to vacate a portion of N. 4th St. between Martin
Luther King Jr. Blvd. and E. Lincoln Ave
SUBMITTED BY:
Trevor Martin, Planning Manager
*Eric Crowell, Senior Planner
SUMMARY EXPLANATION:
On November 14, 2023, Hordan Planning Services submitted a petition (Petition 23-04, RWV#001-23)
on behalf of the Corporation of the Catholic Bishop of Yakima to vacate a portion of N. 4th St. between
Martin Luther King Jr. Blvd. and E. Lincoln Ave. This request aims to provide safety to students, staff,
parishioners, and others that cross the street from St. Joseph-Marquette school and church campus on
the west side of N. 4th St. to the newly constructed gymnasium on the east side of N. 4th St.
On April 12, 2024, the Hearing Examiner Pro-Tem for the City of Yakima conducted an open-record
public hearing regarding the requested right-of-way vacation. On April 23, 2024, the Hearing Examiner
issued a recommendation stating that the right-of-way be vacated pending City Council approval.
The complete hearing record was distributed to City Council in the agenda packet on June 4, 2024 and
can be found online at: https://www.yakimawa.gov/council/agendas-and-minutes/
To participate in this public hearing please refer to the Public Comment Guidelines at:
https://www.yakimawa.gov/council/public-comment/
ITEM BUDGETED: N/A
STRATEGIC PRIORITY: N/A
RECOMMENDATION: Conduct hearing and take appropriate action.
ATTACHMENTS:
Ordinance
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