HomeMy WebLinkAbout2024-027 Public hearing and Ordinance to consider the Hearing Examiner's recommendation regarding a right-of-way petition for O. Jean Owens Revocable Living Trust ORDINANCE NO. 2024- 027
AN ORDINANCE relating to land use; vacating a portion of an alley and N. Front St. right-of-
way between Bartlett PI. and N. 1st St. in the City of Yakima, Washington.
WHEREAS, by petition dated November 29, 2023 (Petition #23-07), which included
signatures of the owners of more than two-thirds of the parcels abutting the property proposed to
be vacated, Stephanie Beaman, on behalf of O. Jeans Owens Revocable Living Trust, 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 Front Street between Bartlett Place and North First Street, 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 Front Street;
and
WHEREAS, on June 13, 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 June 28, 2024, the Hearing Examiner issued his Recommendation
regarding RWV#002-23, 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 September 17, 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 not necessary for this right-of-way vacation, in accordance with YMC § 14.21.070, which
states that no compensation may be required if the City has not purchased, maintained, or made
any improvements, there is no planned or anticipated public purpose existing for maintaining it,
and it has been a dedicated right-of-way in the City for at least five years; 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
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:
1
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. The North Front Street right-of-way running approximately 135.75 feet
north from Barlett PI. to the south property line of the adjacent parcel, and the alley right-of-way
running approximately 157.2 feet east from North Front Street 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 June 28, 2024 Hearing
Examiner's Recommendation (RWV#002-23), 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, O. Jean Owens Revocable Living Trust's satisfaction
of the following conditions, as stated on page 11 of the Hearing Examiner's Recommendation:
1. Access to the City's water, wastewater and stormwater facilities shall be
maintained at all times. Pursuant to YMC 14.21.060, the City shall retain
easements for utilities.
2. The applicants/petitioners/property owners shall comply with YMC Title 12 by
contacting the City Engineering Department prior to installation of fencing around
the area to ensure that it will not interfere with the City's access to its sewer
mainline or to determine if agreeable arrangements can be made for a gate or
other means to ensure the City's access to its sewer mainline and to also obtain
the City's approval of the requisite sewer mainline easement before they record it
with the County Auditor's office. Any fencing of the vacated area shall also be such
as to allow access upon request for maintenance and repair of any other utilities
that may be discovered to be in the vacated area in the future.
3. Pursuant to YMC 14.21.100, applicant shall pay the City the full costs associated
with recording this Ordinance as well as recording the Easement 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 and the documents are recorded.
Section 4. Pursuant to YMC 14.21.090, the City designates the zoning district of the
vacated western half of the North Front Street right-of-way north of Bartlett Place to be Light
Industrial, and the remainder of the vacated area to be General Commercial, inclusive of the
applicable zoning district designations, and the right-of-way vacated shall now and henceforth be
subject to all regulations of the Light Industrial and General Commercial zoning districts,
respectively.
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.
2
EXHIBIT "A"
R CrAVED
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ItIOV 9 2023
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8 A R T L E -r T P L A G E O
PROPOSED STREET AND ALLEY VACATION
THAT PORTION OF NORTH FRONT STREET LYING NORTH OF BARTLETT PLACE
BETWEEN BLOCKS ONE AND TWO,PLAT OF NORTH FIRST STREET ADDITION AS
RECORDED IN VOLUME"B"OF PLATS,PAGE 74,RECORDS OF YAKIMA COUNTY,
WASHINGTON,AND THE ALLEY ACROSS THE NORTH TEN FEET OF SAID BLOCK
ONE.
Atr'ev. 2, 2.623
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 not less than 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 of
both the ordinance and the Easement required herein. 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
17th day of September, 2024.
4
ATTEST: .+*e, • . �'atricia Byers, ayor
•
Brandy Bradfor , Deputy City Clerk 4'4SHtNC
Publication Date: September 21, 2024
Effective Date: October 21, 2024
3
EXHIBIT "B"
City of Yakima, Washington
Hearing Examiner's Recommendation
June 28, 2024
In the Matter of an Application and )
Petition for the Vacation of Street and )
Alley Right-of-Way Submitted for: )
)
0 Jean Owens Revocable Living Trust ) RWV#002-23
And William E. Burke Living Trust )
)
To Vacate a Portion of Front Street )
And of the Alley North of Bartlett Place )
A. Introductory Findings. The findings relative to the open record public hearing for
this application/petition for street and alley right-of-way vacation conducted on June 13,
2024, may be summarized as follows:
(1) The staff report which was prepared and presented by Senior Planner Eric
Crowell recommended approval of this requested right-of-way vacation subject to
conditions.
(2) The representative of the applicants/petitioners/property owners for this matter,
Stephanie Beaman, testified in favor of approval of this application/petition for right-of-
way vacation and indicated that the L-shaped area proposed for vacation is the gravel
portion of North Front Street north of Bartlett Place and the gravel alley running easterly
from there behind three residences to the concrete area north of a service station located
along North First Street. The record was kept open for the applicants/petitioners to submit
a revised site plan for the record showing that the request does not include vacating the
concrete portion of the alley that extends beyond the gravel portion to North First Street.
(3) No other testimony and no written public comments were submitted regarding
0 Jean Owens Revocable Living Trust t
And the William E. Burke Living Trust;
Vacation of Street/Alley Right-of-Way RECEIVED
North of Bartlett Place; RWV#002-23
J U N 2 8 2024
Cm, OF YAKIMA
PLANNING DIV,
this right-of-way vacation request.
(4) This recommendation to the Yakima City Council has been issued within ten
business days of the open record public hearing.
B. Recommendation. The Hearing Examiner recommends that the Yakima City
Council approve the requested vacation of a portion of street and alley right-of-way
located north of Bartlett Place without requiring any compensation to be paid for the area.
C. Basis for the Findings, Conclusions and Recommendation. The following
findings, conclusions and recommendation are based upon the Hearing Examiner's view
of the site and surrounding area with no one else present on June 10, 2024; his
consideration of the staff report, exhibits, testimony and other evidence presented at an
open record public hearing on June 13, 2024; and his review of the criteria for vacation of
street and alley right-of-way in Chapter 14.21 of the Yakima Municipal Code(YMC).
FINDINGS
I. Anolicants/Petitioners/Property Owners.The applicant/petitioner/property owner
which owns the property on the west side of the gravel portion of North Front Street
north of Bartlett Place located at 211 Barlett Place and the property on the east side of
that area and on the south side of the gravel portion of the alley running easterly from
there along the rear of the lots located at 105, 107 and 109 Bartlett Place is the 0 Jean
Owens Revocable Living Trust. The applicant/petitioner/property owner which owns the
property located at 1208 North First Street on the north side of the gravel portion of the
O Jean Owens Revocable Living Trust 2
And the William E.Burke Living Trust;
Vacation of Street/Alley Right-of-Way RECEIVED
North of Bartlett Place; RW Vk002-23
JUN 2 8 2024
CITY 0t YAKIMA
PLANNING DIV.
alley running easterly from the gravel portion of North Front Street is the William E.
Burke Living Trust.
II. The Representative of the Applicants/Petitioners/Propertv Owners. The
representative of the applicants/petitioners/property owners for this matter who testified
at the hearing is Stephanie Beaman, P.O. Box 338, Selah, WA 98942.
III. Location. The location of the L-shaped gravel street and alley right-of-way
described in this application/petition for vacation is the gravel portion of North Front
Street north of Bartlett Place and the gravel alley running easterly from there behind three
residences to the concrete area north of a service station located along North First Street.
The undeveloped parcel owned by the 0 Jean Owens Revocable Living Trust on the west
side of the gravel portion of North Front Street north of Bartlett Place is Assessor's
Parcel No. 181313-14405. The residential parcels owned by that Trust on the east side of
North Front Street along the south side of the gravel portion of the alley running easterly
from that portion of North Front Street are Assessor's Parcel Nos. 181313-14401, -
14402, -14403 and -14404. Assessor's Parcel No. 181313-14003 owned by the William
E. Burke Living Trust which contains a large building for agriculturally-related industries
is located on the north side of the gravel portion of the alley proposed for vacation.
IV. Purpose of Application/Petition. This application/petition was submitted to the
City of Yakima Department of Community Development on November 29, 2023, for the
purpose of allowing the adjacent property owners to reduce the opportunities for criminal
0 Jean Owens Revocable Living Trust 3
And the William E.Burke Living Trust;
Vacation of Street/Alley Right-of-Way RECEIVED
North of Bartlett Place; RWV#002-23
JUN 2 8 2024
CIIY LW YANIPolii
PLANNING DIV.
activity in that area by providing greater site security there. The representative of the
applicants/petitioners/property owners testified at the hearing that the vacated area would
he fenced so as to prevent public access for criminal activity. Fencing the area would also
prevent littering there if the vacation request is granted by the City Council.
V. Notices. On May 7, 2024, the Yakima City Council set the date and time for the
public hearing for this street and alley vacation request by Resolution No. R-2024-076, in
accordance with RCW 35.79.010. Other notices of this June 13, 2024, open record
public hearing were provided in the following ways:
Mailing of notice to property owners within 300 feet: May 14, 2024
Publishing of notice in the Yakima Herald-Republic: May 14, 2024
Posting of notice on the right-of-way: May 14 and May 21, 2024
Posting of notice in three public places: May 21, 2024
VI. Public Comments. No comments were received from members of the public
either before or during the public hearing.
\'II. Traffic Study. The City of Yakima Traffic Engineer has determined that a traffic
study is not required for this requested right-of-way vacation.
VIII. Environmental Review. Requests for street or alley right-of-way vacations are
exempt from SEPA review pursuant to YMC Chapter 6.88 and WAC 197-11-800(2)(i).
IX. Hearing Examiner Authority. The Ifearing Examiner has authority to conduct
0 Jean Owens Revocable Living Trust 4
And the William E. Burke Living Trust;
Vacation of Street/Alley Right-of-Way RECEIVED
North of Bartlett Place; RWV#002-23
J t,N 2 8 2024
to l r Ut" YAKIMA
PLANNING DIV
public hearings relative to petitions to vacate street and alley public right-of-way in
accordance with RCW Chapter 35.79, YMC §1.43.080(H) and YMC Chapter 14.21.
YMC §1.43.080(H) provides that the [tearing Examiner shall make a recommendation to
the City Council regarding such matters. YMC Chapter 14.21 provides the criteria for
consideration of such requests.
X. Revised Code of Washington (RCW) Chapter 35.79. This chapter of state law
sets forth the state's requirements for the process of vacating street right-of-way. AU
requirements of this chapter that can be accomplished prior to the City Council's
consideration of this matter have been fulfilled. RCW 35.79.040 states that the property
within the limits to be vacated shall belong to the owners of the property abutting each
side of the vacated area,one-half to the owners on each side of the vacated area.
XI. Urban Area 7,onin Ordinance. Technically, street and alley rights-of-way have
no designated underlying zoning district. However, upon vacation they become zoned the
same as adjacent properties. In this case, the contiguous zoning is General Commercial
(GC) and Light Industrial (M-1). The western half of the gravel portion of North Front
Street requested to be vacated would have M-1 zoning upon vacation, while the eastern
half of that area and all of the alley would have GC zoning upon vacation, consistent with
the zoning that is currently located adjacent to the right-of-way.
XII. Yakima C:omprehenske Plan 2040. Street and alley rights-of-way likewise do
0 Jean Owens Revocable Living Trust S
And the William E. Burke Living Trust; ��= E1�lECD
Vacation of Street/Alley Right-of-Way
North of Bartlett Place; RW V$002-23
2 8 2.O24
Y lJt Y Ai% MA
'LAMIJING CIV
not have an underlying Comprehensive Plan Future Land Use designation. Upon vacation
they receive the same Comprehensive Plan designation as the adjacent properties. If this
right-of-way vacation request is granted, the entire vacated right-of-way area would be
given the Comprehensive Plan Future Land Use Designation of Commercial Mixed-Use.
XIII. Zoning and Land Use. The gravel portion of North Front Street north of
Bartlett Place proposed for vacation is considered public right-of-way and adjacent
properties have the following characteristics:
Direction Zoning Land Use
North General Commercial (GC) Agricultural Related Industries
South none Public Right-of-Way
East General Commercial (GC) Detached Single-Family Dwellings
West Light Industrial(M-1) Vacant Land
The gravel portion of the alley proposed for vacation is considered public right-of-way
and adjacent properties have the following characteristics:
Direction Zoning Land Use
North General Commercial (GC) Agricultural Related Industries
South General Commercial(GC) Detached Single-Family Dwellings
East None Public Right-of-Way
West Light Industrial(M-1) Vacant Land
XIV. Development Services Team (DST) Revie%%. A DST meeting was held on
May 14, 2024, to discuss the possible impacts of this requested vacation of right-of-way.
0 Jean Owens Revocable Living Trust 6
And the William E. Burke Living Trust;
Vacation of Street/Alley Right-of-Way
North of Bartlett Place; RWV#002-23 aECE!VED
,LAN 2 S 2024
OF YAKIMA
PLANNING DIV.
No comments were received from any public agencies or from any private companies or
individuals regarding this street/alley right-of-way vacation request.
XV. ]Nature of the Public Right-of-Way Proposed for Vacation. The public
right-of-way proposed for vacation is not currently maintained by the City of Yakima and
has not been improved with any pavement, curbs, gutters or sidewalks.
XVI. Right-of-Way Vacation Criteria. The following findings relative to the criteria
for consideration of this application/petition to vacate the gravel portion of North Front
Street right-of-way north of Bartlett Street and the gravel portion of an alley running
easterly therefrom to a concrete area north of a service station that is located along North
First Street are offered in support of this recommendation to the Yakima City Council:
(1) Criteria #1 for Vacation of Right-of-Way (YMC 614.21.050(A1(1)1; What
is the public benefit, reason for, and limitations of the proposed right-of-way
vacation? The reason for the requested right-of-way vacation and the public benefit of
the requested right-of-way vacation would be to allow the adjacent property owners to
eliminate the opportunity for criminal activity in that area by constructing fencing to
prevent access to all or part of the area. Fencing would also prevent littering in that area.
The limits of the proposed right-of-way vacation would be the gravel portion of North
Front Street north of Bartlett Place and the gravel portion of the alley extending easterly
from there to the concrete area north of the service station along North First Street. The
vacated area would be adjacent to Assessor's Parcel No. 181313-14405 on the west side
of the gravel area of North Front Street proposed for vacation; adjacent to Assessor's
Parcel Nos. 181313-1440 1, -14402, -14403 and -14404 on the south side of the gravel
portion of the alley proposed for vacation and east of the North Front Street gravel area
proposed for vacation; and adjacent to Assessor's Parcel No. 181313 -14003 on the north
side of the gravel portion of the alley proposed for vacation.
U Jean Owens Revocable Living Trust 7
And the William E.Burke Living Trust; 'FCEIVED
Vocation of Strcct/Alley Right-of-Way
North of Bartlett Place; RWV#002-23
If', 2 }i 2024
..;tl Y LJF YAKtIVIA
Pl MINING DIV
(2) Criteria #2 for Vacation of Right-of-Way (YMC k14.21.050(AX2)): Does
the vacation deny any property sole access to a public street? This right-of-way
vacation would not deny any property sole access to a public street. All of the property in
this area would continue to have access either to Bartlett Place or to North First Street.
(3) Criteria #3 for Vacation of Right-of-Way (YMC $14.21.050(A)(3)): Is the
proposal consistent with existing plans of the City such as the Six-Year Transpor-
tation Improvement Plan, the Urban Area Comprehensive Plan or other official
City plans and policies? The City's current Six-Year Transportation Improvement Plan
(TIP) does not include any planned improvements to the right-of-way that is proposed for
vacation. The area is currently designated as a Local Access street and as an alley that
experiences a minimal amount of daily traffic. Approval of the right-of-way vacation
would not be inconsistent with the Comprehensive Plan or any other official City plans
and policies.
(4) Criteria #4 for Vacation of Right-of-Way (YMC §14.21.050(AX4)): Is the
vacation request appropriate with existing and anticipated development in the area,
based on zoning, current use and long range plans? There is no anticipated
development that would be adversely affected by approval of this requested right-of-way
vacation. Existing and future development in the area would be benefited by the
elimination of the opportunity for criminal conduct and littering adjacent to their
properties due to the addition of fencing that would prevent access to all or part of the
vacated area. There likewise are no long range plans that would be adversely affected by
approval of this requested right-of-way vacation.
(5) Criteria #5 for Vacation of Right-of-Way (YMC 514,21,050(A)(5)): Are
there any public or franchised utilities in the right-of-way to be vacated and if so,
will they be relocated? Relative to a City sewer mainline located within the area
proposed for vacation, an email from City Utility Project Manager Dana Kallevig stated
as follows: "If ROW is vacated, an easement will be required to be filed per YMC Title
l2 requirements. Access to existing City sewer mainline must be kept at all times. Per
easement requirements: `Property owners cannot limit the City's use of the easement for
accessing utilities. Fences, buildings, walls, plantings or trees should not be placed within
the easement area. The easement area should be left free of obstructions for full access to
City facilities. Property owners may not interfere with the construction, operation,
maintenance, inspection or use of City of Yakima utility facilities within the easement
0 Jean Owens Revocable Living Trust 8
And the William E. Burke Living Trust;
Vacation of Street/Alley Right-of-Way "r2e.FIVF('1
North of Bartlett Place; RWV00002-23
ir,' 2 .'024
�l l I 'JF Y1NP,,mii
f'l.g,I'tiliit'.47 DI
area."" The applicants/petitioners/property owners will therefore be required to comply
with YMC Title 12 by contacting the City Engineering Department prior to installation of
fencing around the vacated area to ensure that it will not interfere with the City's access
to its sewer mainline or to otherwise determine if agreeable arrangements cart be made
for a gate or other means to ensure the City's access to its sewer mainline and to also gain
the City's approval of the requisite sewer mainline easement before they record it with
the County Auditor's office. Any fencing of the vacated area shall also be such as to
allow access upon request for maintenance and repair of any other utilities that may be
discovered to be in the vacated area in the future.
(6) Criteria #b for Vacation of Right-of-Way (YMC 514.21.070(A)(4)):
Whether compensation should be required in return for vacation of the right-of-
way? YMC §14.21.070(AX4) provides: "No compensation may be required if the city
has not purchased, maintained, or made any improvements to the public right-of-way,
there is no planned or anticipated public purpose existing for maintaining the public
right-of-way as determined by the planning commission or development services team
(DST), and the public right-of-way has been a dedicated right-of-way in the city for at
least five years." Here the City has not purchased, maintained or improved the area
proposed for right-of-way vacation. No City divisions in the Development Services Team
indicated that improvements are planned for the right-of-way area proposed for vacation
or that any anticipated public purpose exists for maintaining that portion of the right-of-
way. The area of right-of-way proposed for vacation has been a dedicated right-of-way in
the City for longer than five years. The street area was dedicated to the City by the North
First Street Addition recorded on May 21, 1908, and the alley area was described by
metes and bounds. Therefore, compensation to the City for the right-of-way area
proposed for vacation is not required by the criteria in YMC §14.21.070(A)(4).
CONCLUSIONS
The conclusions relative to this recommendation to the Yakima City Council
regarding this requested right-of-way vacation are as follows:
o Jean Owens Revocable Living Trust 9
And the William E. Burke Living Trust RECEIVED
Vacation of Street/Alley Right-of-Way
North of Bartlett Place; RW110002-23
UN282024
,itY OF YAKIMA
PLANNING DIV.
(1)Petition signatures were obtained from the necessary two-thirds of the property
owners fronting this area proposed for right-of-way vacation because the applicants/
petitioners/property owners 0 Jean Owens Revocable Living Trust and William E. Burke
Living Trust own 100%of the property abutting this public right-of-way.
(2) The area of the right-of-way proposed for vacation is the gravel portion of
North Front Street north of Bartlett Place and the gravel portion of the alley running
easterly therefrom behind three residences to a concrete area north of the service station
along North First Street, which area is adjacent to Assessor's Parcel No. 181313-14405
on the west side of North Front Street; Assessor's Parcel Nos. 181313-14401, -14402, -
14403 and -14404 on the south side of the alley area proposed for vacation east of North
Front Street; and Assessor's Parcel No. 181313 -14003 on the north side of the alley area
proposed for vacation.
(3) Neither a traffic study nor environmental review were required for this right-
of-way vacation request.
(4) No testimony or written comments were submitted by nearby property owners
or other members of the public relative to this right-of-way vacation request.
(5) If this requested vacation of right-of-way is approved, the vacated right-of-
way would be zoned the same as the contiguous private property which is General
Commercial(GC)in all areas except for the west half of the gravel portion of North Front
Street north of Bartlett Place which would be zoned Light Industrial (M-1).
(6) Approval of this requested right-of-way vacation would not cause any
properties to be denied sole access to a public street.
(7) This requested right-of-way vacation does not conflict with any planned street
improvement projects or other plans or projects of the City of Yakima.
(8) Approval of this requested right-of-way vacation would benefit the public by
allowing the adjacent property owners to better protect and secure their properties.
(9) All necessary requirements for the vacation of street right-of-way prescribed
by RCW Chapter 35.79 and YMC Chapter 14.21 are satisfied.
(10) YMC §14.21.070(A)(4) provides that compensation to the City is not
required for the vacation of this street right-of-way area.
0 Jean Owens Revocable Living Trust 10
And the William E.Burke Living Trust;
� �� �
Vacation of Street/Alley Right-of-Way
North of Bartlett Place; RWV00002-23
,, N 2 8 2024
OtIY (3f YAKIMA
PLANNING WV.
RECOMMENDATION
The Hearing Examiner recommends to the Yakima City Council that this
application/petition for vacation of the gravel portion of North Front Street north of
Bartlett Place and the gravel portion of the alley running easterly therefrom along the
northern boundary of Assessor's Parcel Nos. 181313-14401, -14402, -14403 and -14404
as described in the staff report, the testimony, this recommendation and the documents in
City File No. RWV#002-23 be APPROVED subject to the following conditions:
(1) The vacated area shall be included within the Comprehensive Plan designation
of Commercial Mixed-Use.
(2) The vacated western half of North Front Street north of Bartlett Place shall be
included within the Light Industrial (M-1) zoning district and the remainder of the
vacated area shall be included within the General Commercial (GC)zoning district.
(3) The vacated area shall belong to the abutting property owners, one half to the
abutting property owners on each side of the vacated area.
(4)The applicants/petitioners/property owners shall comply with YMC Title 12 by
contacting the City Engineering Department prior to installation of fencing around the
area to ensure that it will not interfere with the City's access to its sewer mainline or to
determine if agreeable arrangements can be made for a gate or other means to ensure the
City's access to its sewer mainline and to also obtain the City's approval of the requisite
sewer mainline easement before they record it with the County Auditor's office. Any
fencing of the vacated area shall also be such as to allow access upon request for
maintenance and repair of any other utilities that may be discovered to be in the vacated
area in the future.
DATED this 28th day of June, 2024.
b.%.
Gary M.Cruilher, Hearing Examiner
O Jean Owens Revocable Living Trust 11
And the William E. Burke Living Trust; RECEIVED
Vacation of Street/Alley Right-of-Way
North of Bartlett Place; RWVf0112-23
JUN 2 8 2024
GUY Of YAKIMA
PLANNING DIV
< `y 1ljlt
ii!
'I!I/
.______)
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 8.A.
For Meeting of: September 17, 2024
ITEM TITLE: Public hearing and Ordinance to consider the Hearing Examiner's
recommendation regarding a right-of-way petition for O. Jean Owens
Revocable Living Trust to vacate a portion of an alley and a portion of
N. Front Street between Bartlett PI. and N. 1st Street
SUBMITTED BY:
Trevor Martin, AICP, Planning Manager
*Eric Crowell, Senior Planner
SUMMARY EXPLANATION:
On November 29, 2023, Stephanie Beaman, on behalf of O. Jean Owens Revocable Living Trust,
submitted a petition (Petition 23-07, RWV#002-23) to vacate an alley and a portion of N. Front St.
between Bartlett PI. and N. 1st St. The intention of the proposed vacation is to fence a portion of City
right-of-way that is not used for access to the surrounding properties. There is currently a sewer
easement within the alley, which will remain as a result of this vacation. The proponents of the vacation
will be required to work with the City to convey maintenance access to the sewer line.
On June 13, 2024, the Hearing Examiner for the City of Yakima conducted an open-record public
hearing regarding the requested right-of-way vacation. On June 28, 2024, the Hearing Examiner issued
a recommendation stating that the right-of-way be vacated subject to conditions, pending City Council
approval.
The complete hearing record was distributed to City Council in the agenda packet on September 3, 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 24-25: A Resilient Yakima
RECOMMENDATION: Conduct hearing and take appropriate action.
ATTACHMENTS:
Ordinance
181