HomeMy WebLinkAbout10/15/2024 09.A. Ordinance to consider the Hearing Examiner's recommendation regarding a right-of-way petition for Columbia Ridge Homes to vacate a portion of N. 92nd Ave. north of Summitview Ave r--
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 9.A.
For Meeting of: October 15, 2024
ITEM TITLE: Ordinance to consider the Hearing Examiner's recommendation
regarding a right-of-way petition for Columbia Ridge Homes to vacate
a portion of N. 92nd Ave. north of Summitview Ave
SUBMITTED BY: Bill Preston - Community Development Director
*Trevor Martin, AICP, Planning Manager
Eric Crowell, Senior Planner
SUMMARY EXPLANATION:
On January 30, 2024, PLSA Engineering & Surveying Inc. submitted a petition (Petition 24-01,
RWV#001-24) to vacate a portion of N. 92nd Ave. north of Summitview Ave.
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. The hearing was continued to July 3, 2024. On
July 18, 2024, the Hearing Examiner issued a recommendation stating that the right-of-way be vacated
subject to conditions, pending City Council approval.
On October 1, 2024, the Yakima City Council held a public hearing regarding the right-of-way vacation,
and motioned to close the public hearing and delay the vote to October 15, 2024.
The complete hearing record was distributed to City Council in the agenda packet on September 17,
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: Pass Ordinance.
ATTACHMENTS:
Ordinance
260
ORDINANCE NO. 2024-
AN ORDINANCE relating to land use; vacating a portion of N. 92nd Ave. north of Summitview
Ave. in the City of Yakima, Washington.
WHEREAS, by petition dated January 30, 2024 (Petition #24-01), which included
signatures of the owners of more than two-thirds of the parcels abutting the property proposed to
be vacated, Columbia Ridge Homes LLC requested to vacate a portion of City of Yakima right-of-
way more particularly described in Exhibit "A", attached hereto and incorporated herein by this
reference generally known as a portion of North 92nd Avenue north of Summitview 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 92nd Avenue;
and
WHEREAS, on June 13, 2024, and July 3, 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 July 18, 2024, the Hearing Examiner issued his Recommendation
regarding RWV#001-24, recommending that the street right-of-way be vacated, upon fulfillment
of certain conditions which recommendation is attached hereto and incorporated herein by this
reference as Exhibit"A"; and
WHEREAS, at an open-record public hearing held on October 1, 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:
261
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. The North 92nd Avenue right-of-way, from a point approximately 50 feet
south of the current city boundary, running approximately 411.90 feet south from that point on the
west half and approximately 411.29 feet from that point on the east half, 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 July 18, 2024 Hearing
Examiner's Recommendation (RWV#001-24), 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, Columbia Ridge Homes LLC's satisfaction of the
following conditions, as stated on page 24 of the Hearing Examiner's Recommendation:
1. The petitioner/applicant/property owner shall record an easement for the
maintenance, repair and replacement of any utilities located within the vacated
area and shall maintain access to any public utility easements at all times.
2. The current temporary alternate access to and from Summitview Avenue for
properties north of the vacated right-of-way shall continue to be provided by way
of Rainier Drive until Lincoln Avenue is completed to its dead-end in order to
replace that temporary alternate access to those properties.
3. As part of the current subdivision Lincoln Avenue street improvements prior to
construction of the Phase 5 street improvements, Lincoln Avenue shall be
improved to its dead-end, which is to the western edge of the adjacent 28-foot-
wide road right-of-way, with pavement, curbing and such improvements and
design features as are acceptable to the engineers involved, including the City
Engineer, in order to allow as much space as is feasible for the turning movement
on Lincoln Avenue to and from the road right-of-way to the north.
Section 4. Pursuant to YMC 14.21.090, the City designates the zoning district of the
vacated portion of the North 92nd Avenue right-of-way north of Summitview Avenue to be Single-
Family Residential, inclusive of the applicable zoning district designations, and the right-of-way
vacated shall now and henceforth be subject to all regulations of the Single-Family Residential
zoning district.
Section 5. 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 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.
262
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
15th day of October, 2024.
ATTEST: Patricia Byers, Mayor
Rosalinda Ibarra, City Clerk
Publication Date:
Effective Date:
263
EXHIBIT "A"
City of Yakima, Washington
Hearing Examiner's Recommendation
July 18, 2024
In the Matter of an Application and )
Petition for the Vacation of Street )
Right-of-Way Submitted for: )
)
Columbia Ridge Homes,LLC ) RWV#001-24
)
For Vacation of a Portion of Street )
Right-of-Way 16 Feet in Width North )
Of Summitview Avenue which is Used )
And Designated by Signage as a Private )
Road named North 92°d Avenue )
A. Introductory Findings. The Hearing Examiner conducted an open record public
hearing commencing on June 13, 2024, and concluding on July 3, 2024. The findings
relative to the public hearing for this application/petition for street right-of-way vacation
may be summarized as follows:
(I) The staff report which was prepared and presented by Senior Planner Eric
Crowell recommended approval of this right-of-way vacation subject to conditions.
(2) The following people testified in favor of approval of this right-of-way
vacation: (i) the petitioner's representative for this application, Torn Durant of PI.SA
Engineering & Surveying; (ii) the applicant/petitioner/owner/developer Justin Hellem;
(iii) nearby resident Justin Boeser; (iv) nearby resident Dean Bass; and (v) the daughter
of nearby resident Sharon Fanner-Dressel, Shey Dressel.
Columbia Ridge Homes,LLC 1 RECEIVED
Vacation of Street Right-of-Way:
Portion of Private Road named
N.92nd Avenue: RWV#OO1-24 JUL .I 8 2024
CITY OF YAKIMA
PLANNING Dlv.
264
(3) The following people testified in opposition to this right-of-way vacation: (i)
Neil Hauff;(ii)Michele Hauff;and(iii)their attorney for this matter Reed C. Pell_
(4) The following people submitted a narrative or written comments in favor of
approval of the right-of-way vacation: (i) the Petitioner's representative for this appli-
cation, Tom Durant of PLSA Engineering & Surveying; (ii) the applicant/petitioner/
owner/developer Justin Hellem; (iii) nearby residents Dean and Jan Bass; and(iv) nearby
resident Sharon Farmer-Dressel.
(5)The following people submitted written comments in opposition to approval of
the right-of-way vacation: (i) nearby resident Neil Hauff; (ii) nearby resident Michele
Ilauff; (iii) their attorney for this matter Reed C. Pell; and (iv) nearby resident Marshal
Tyler.
(6) The comments and the testimony presented for this matter will he summarized
below in this recommendation..
(7) This recommendation to the Yakima City Council has been issued within ten
business days of the conclusion of the open record public hearing.
B. Recommendation. Based upon the following findings and conclusions, the Hearing
Examiner recommends that the Yakima City Council approve the requested right-of-way
vacation subject to conditions.
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 with no one else present on June 11, June 14 and July 5, 2024; his
consideration of the staff report, exhibits, testimony and other evidence presented at an
open record public hearing commencing on June 13, 2024, and concluding on July 3,
2024; and his review of the criteria for vacation of street right-of-way in Chapter 14.21 of
the Yakima Municipal Code(YMC).
Columbia Ridge Homes,LLC 2
Vacation of Street Right-of-Way: RECEIVED
Portion of Private.Road named
N.92nd Avenue:RWV#001-24 JUL1 $ 2424
t;i I v t1F YAKIMA
PLANNING DIV.
265
FINDINGS
I. The Applicant, Petitioner sand Property Owner. The applicant, petitioner and
property owner is Columbia Ridge homes, LLC, 404 South 51' Avenue, Yakima, WA
98908.
II. The Representative of the Applicant. Petitioner and Property Owner.The
representative of Columbia Ridge Homes, LLC for this matter is Thin Durant of PLSA
Engineering& Surveying,521 North 20th Avenue, Suite 3, Yakima Washington 98902.
III, Location. The location of the right-of-way that is the subject of this
application/petition for vacation is a portion of the 16-foot-wide road right-of-way
designated and signed as a private road named North 9211d Avenue north of Summitview
Avenue. It is adjacent to Assessor's Parcel Numbers 181319-23440,-23442,-23446,and
-24009.
IV. Application. The main aspects of this application/petition for vacation of street
right-of-way are as follows:
(I) The Right-of-Way Vacation application/petition was received by the City
Planning Division on January 30, 2024. It requests vacation of approximately 400 feet of
the 16-foot-wide right-of-way designated and used as a private road named North 92nd
Avenue north of Summitview Avenue.
(2) A 1954 Quit Claim Deed conveyed the property to Yakima County to have
and to hold for use as a public road forever. The right-of-way was never opened,
Columbia Ridge Homes,LLC 3
Vacation of Street Right-of-Way:
Portion of Private Road named ' Ff1FiVE()
N.92nd Avenue:RWV#O01.-24
Alt_ 1 8 2024
{ 1Y OF YAKIMA
PUNNING DIV.
266
improved or maintained as a County road prior to annexation of the area or opened,
improved or maintained as a City street after annexation of the area. It does not include
sufficient width to accommodate a street constructed to City standards at this time, and
development of the adjacent property on the west side will not allow the west side of the
right-of-way to be widened.
(3) The portion of the right-of-way subject to this application/petition is located
behind and between future residential lots in a subdivision currently under development.
A condition of approval of the preliminary plat where this portion of the right-of-way is
located that was recommended by the Planning Commission and approved by the City
Council was that this application/petition for vacation of this right-of-way be submitted.
If the requested vacation is not approved, the portion of the right-of-way within the
subdivision would cross two public streets being developed in the subdivision and one
private driveway south of the subdivision. If the requested vacation is approved, the three
existing residences and any future residences north of the subdivision would have new
streets within the subdivision for their access to and from Summitview Avenue, and the
two existing residences and any future residences south of the subdivision would
continue to have the private road designated as North 92"d Avenue for their access to and
from Summitview Avenue, except that one of the property owners would also have a
private driveway to Rainier Drive for additional access to and from Summitview Avenue.
(4) This application/petition is being processed under the provisions of YMC
Chapter 14.21 relative to right-of-way vacations. Those provisions require a Hearing
Examiner recommendation to the City Council to be based on findings and conclusions
pursuant to YMC Chapter 1.43,YMC Chapter 14.21 and RCW Chapter 35.79.
V. Notices. Notices of the 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 in three public places: May 21, 2024
Posting of notice on the right-of-way: May 13, 14 and June 11, 2024
The open record public hearing commencing on June 13, 2024, was continued on the
Columbia Ridge Homes,LI,C 4
Vacation of Street Right-of-Way: �� �
Portion of Private Road named RE
N.92nd Avenue:RWV#OO1-24
JI.Ji_ 1' 8 2024
a;a t Y 01- YAKIMA
PLANNING DI' .
267
record to July 3, 2024, to allow 20 days after the June 11 posting on the north end of the
area proposed for vacation to pass per the City's notice provisions which require posting
on both ends of the vacation area even though state law requires posting only on one end.
Although testimony from Mr. Hauff at the continued hearing indicated that the posting
was not revised to advise of the date and time of the continued public hearing on July 3,
2024, at 9:00 am, the large sign and information posted at both ends of the area proposed
for vacation was sufficient to inform a reader to contact the City Planning Division for
more information relative to the status of the matter. No evidence or testimony was
presented at the continued hearing to suggest that anyone failed to express their views
regarding this matter due to the initial lack of signage at the north end of the right-of-way
area proposed for vacation.
VI. Environmental Review. Street right-of-way vacations are categorically exempt
from SETA environmental review per YMC Chapter 6.88 and WAC 197-11-800(2Xi).
VII. Traffic Study. The City of Yakima Traffic Engineer has determined that a traffic
study is not required for this right-of-way vacation.
VIII. Development Services 'team (DST) Review. On May 14, 2024, a DST
meeting was held to discuss the possible impacts of this requested vacation of right-of-
way. The following DST comments were received:
(1) Code Administration: This proposal will not affect the properties that are
currently addressed off of 92"d Avenue. They will still have access to the portions of 92"d
Avenue that are not being vacated, nor will it impact the addressing of the proposed lots
in Rainier Court Phase 5.
(2) Traffic Engineering,: With the development going in, vacation of this right of
way and removal of this gravel driveway will provide reduction in dust in the air and.
Columbia Ridge domes,LLC 5
Vacation of Street Right-of-Way: R i V
Portion of Private Road named
N.92nd Avenue:RWV#OO1-24
�!Il 8 2024
;l l r 0h YAKIMA
PLANNING DIV.
268
provide the current users a better access to Summitview Dr. No concerns with this
vacation.
(3) Nob Hill Water Association: The ROW being referred to and adjacent to 9104
Hawthorne Dr contains a 2" pipe owned by Nob Hill Water Association. If the ROW is to
be vacated, the owner shall be responsible for drafting and filing a 10' wide easement to
Nob Hill Water's standards so the pipe can still be accessible for service and
maintenance. No permanent structure or fence will be allowed within the easement.
IX. Zoning and Land Use. The portion of North 92Dd Avenue proposed for vacation
is considered public right-of-way even though it has not been opened to he used for a
public street as part of the City's street system and has only been allowed to be used as a
private road to access properties needing that access. Surrounding properties will have
the following characteristics when residences are constructed on the Rainier Court lots:
Direction Zoning Land Use
North none Public Right-of-Way
South none Public Right-of-Way
East Single-Family Residential(R-I) Detached Single-Family Dwellings
West Single-Family Residential(R-1) Detached Single-Family Dwellings
X. Written Comments and Testimony Presented in Favor of the Proposed
Rieht-of-Way Vacation. The written comments and testimony presented in favor of
the proposed right-of-way vacation may be summarized as follows:
(I) city of Yakima Senior Planner Eric Crowell (Document Index A-1. A-2 and
A-3): In addition to facts set forth above in this recommendation that were set forth in the
Planning Division staff"report, the Planning Division supplemental staff report indicated
that three written public comments were timely received after the staff report was
completed. They expressed concerns relative to the turning radii for large vehicles and
snow removal on the new streets, They also referred to a 1954 Quit Claim Deed
Columbia Ridge Homes,LLC 6
Vacation of Street Right-of-Way:
Portion of Private Road named RECEIVE
N.92nd Avenue:RWV#OO1-24
JUL I. 8 2024
CI]Y tiff YAKIMA
PLANNING DIV
269
conveying the 16-foot-wide strip of property to Yakima County for road purposes
forever. Now after annexation,the area is designated and signed as a private road north of
Summitview Avenue named North 92'"d Avenue_ The requested right-of-way vacation
includes only the portion of that road right-of-way that passes through the Rainier Court
subdivision.
Due to construction activity in the subdivision, the portion of the public right-of-
way proposed for vacation is blocked off A gravel driveway currently extends from the
northern end of Rainier Drive to temporarily connect to the existing private road north of
the subdivision to provide the property owners north of the subdivision access to and
from Summitview Avenue. When the west dead-end portion of Lincoln Avenue is
completed, access for the properties north of the subdivision to and from Summitview
Avenue will be provided by means of paved streets built to City standards that will be
maintained by the City.
The submission of this application/petition for right-of-way vacation is required by
Condition 1 of the Planning Division's Recommendation for the preliminary plat of
Rainier Court Phases 2, 3 &4 which was adopted by the Yakima City Council on July 7,
2020, and which states the following:
"A Right-of-Way Vacation shall be applied for, for the vacation of the northern
most portion of N. 92' Ave. If approved, public access must be provided for the
lots using the ROW to be vacated."
All of the criteria are satisfied for approval of this requested vacation of approximately
400 feet of 16-foot-wide right-of-way located within the Rainier Court subdivision.
(2) Tom Durant of PLEA Engineering & Surveying (Document Index E-1, E-2,
G-7, G-8, G-9, G-10 and G-15): The application/petition will replace approximately 400
feet of a 16-foot-wide private gravel road designated and signed as North 92" Avenue
north of Summitview Avenue where it passes through the Rainier Court subdivision. This
subdivision is now under development and will have fully-improved access streets with
pavement, curbs, gutters and sidewalks. If the requested vacation is not approved, the
unopened road right-of-way will pass through the subdivision between and behind
residential lots and will cross two public streets in the subdivision and one private
driveway south of the subdivision. Approval of the requested vacation would eliminate
this incompatible situation and allow the properties north of the subdivision to reach
Summitview Avenue by utilizing new City streets in the subdivision by way of a safer,
more efficient street system that would be more consistent with the zoning and
Columbia Ridge Homes,LLC 7
Vacation of Street Right-of-Way:
Portion of Private Road named 'RECEIVE[
N.92nd Avenue:RW V#Ott1-24
JUL 11820Z4
CITY OF YAKIM a
PLANNING DIV
270
development of the subdivision. Approval of the requested right-of-way vacation would
also allow properties south of the subdivision to continue to use the private road for
access to Summitview Avenue(Document Index G-7 and G-9).
The public benefit and reason for the requested vacation would be the elimination
of a portion of a substandard narrow, unpaved, steep private road behind the lots and
across two public streets in a residential subdivision which is being developed with full-
width residential streets that will be constructed to City standards having 31.5 feet of
pavement width. The requested vacation would also eliminate traffic crossing a private
driveway south of the subdivision and prevent additional traffic from the subdivision
from using the private road south of the subdivision. In this way, approval of the
requested right-of-way vacation would provide the owners of properties north of the
subdivision with safer access to and from Sumrnitvicw Avenue. They would first enter
Lincoln Avenue then utilize other streets improved to City standards. This change in
access for properties north of the Rainier Court subdivision would also reduce the amount
of traffic and dust on the existing private road for the property owners south of the
subdivision who would be the only users of the private road for access to and from
Summitview Avenue if the requested vacation is approved.
The requested right-of-way vacation would be limited to the portion of North 921IJ
Avenue north of Summitview Avenue where it passes through the Rainier Court
subdivision except where public street right-of-way is dedicated to the City for Lincoln
Avenue and for Hawthorne Avenue which cross the right-of-way proposed for vacation.
The requested right-of-way vacation would not affect the portion of the subject right-of-
way north or south of the Rainier Court subdivision. It is anticipated that over time
further subdivision of the properties south of the Rainier Court subdivision will provide
for the improvement of new public streets that will replace all or part of the private road.
Improvement of the private road north of the Rainier Court subdivision may or may not
occur in the foreseeable future, but approval of the requested vacation will at least reduce
the length of the substandard private road that the three homes and undeveloped property
to the north will have to use for access to and from Summitview Avenue (Document
Index G-7, G-8 and G-9).
Until the completion of Phase 3 of the Rainier Court subdivision, a temporary
private road has been constructed to connect to the improved public street to the west
named Rainier Drive which will provide access to and from Summitview Avenue until
the dead-end portion of Lincoln Avenue is completed across the width of the right-of-
way north of the subdivision(Document Index G-8, G-9 and G-10).
Columbia Ridge Ilornes,t,LC 8
Vacation of Street Right-of-Way: RECEIVED
Portion of Private Road named
N.92nd Avenue: RWV#oot-24JUL 1 202$
CITY OF YAKIMA
PLANNING [IIV.
271
Approval of the requested right-of-way vacation would not deny any property its
sole access to a public street. The existing private road will remain available for access to
and from Summitview Avenue by properties north of the Rainier Court subdivision. The
private road right-of-way where it would approach and leave Lincoln Avenue is at least
20 feet wide and probably is 28 feet wide since the west 8 feet of the adjacent property is
excepted for road purposes from the description of the property on the east side of the
right-of-way. For these properties, there is room for the users of the private road to make
the turn to and from Lincoln Avenue wider than currently exists and there would be the
option to use Lincoln Avenue to North 91't Avenue,then to Hawthorne Avenue, and then
to North 90th Avenue or to use Lincoln Avenue directly to North 90th Avenue or to use
Lincoln Avenue directly to North 891h Avenue(Document Index G-9).
The existing private road will remain available for access to and from Summitview
Avenue by properties south of the Rainier Court subdivision. This is the access to a
public street for only two of these properties, one of which also has access to Rainier
Drive to the west by way of a private driveway across the North 92' Avenue right-of-
way. All other properties south of the Rainier Court subdivision have access to and from
Summitview Avenue by way of Rainier Drive to the west or Summitview Avenue to the
south.
The requested right-of-way vacation is consistent with the Six Year Transportation
Improvement Plan (TIP) because there are no planned improvements to the North 92"a
Avenue right-of-way north of Summitview Avenue. It is also consistent with the
Comprehensive Plan Goal 2.3 to preserve and enhance the quality, character and function
of Yakima's residential neighborhoods and Policy 2.3.3 to create walkable residential
neighborhoods with safe streets and good connections to schools, parks, transit and
commercial services. Furthermore, the Planning Commission's recommendation to
require this application/petition for right-of-way vacation to be submitted and to require
public streets to be provided for properties north of the subdivision to use for access to
and from Summitview Avenue was based upon YMC §14.20.100(4)(d) and YMC
§14.20.100(5) relative to making appropriate provisions for streets or roads in order to
serve the public use and interest.
The requested vacation of right-of-way would be appropriate to the intent of the
existing Single-Family Residential (R-1) zoning set forth in YMC §15.03.020(B) to
afford the single-family neighborhood with the highest level of protection from
potentially incompatible land impacts such as a private access road passing between the
rear yards of residential lots.
Columbia Ridge Homes,LLC 9
Vacation of Street Right-of-Way:
Portion of Private Road named
N.92nd Avenue: RWV#001-24
VED
JUL 1 . 2024
Cli Y OF YAK/Nut
PLANNING DIV
272
Since overhead power and telephone lines occupy the right-of-way proposed
for vacation, an easement will be prepared and recorded for those lines and for any
water line or other utilities located within the vacated area.
In order to address the concerns of Mr. and Mrs. Hauff about the turning
movement on Lincoln Avenue that will be required to transition to and from their
private road north of the subdivision, the applicant/petitioner is willing to grant a
temporary easement until Phase 5 improvements are completed that would allow
the use of the entire width of Lincoln Avenue to its dead end for the entire width of
the 28-foot-wide right-of-way to provide more area for a more gradual turning
movement there since Lincoln Avenue is only engineered for improvements to the
property line at this point. Since the property line is the middle of the North 92"a
Avenue right-of-way, the easement would include the western 8 feet of that right-
of-way plus an additional 12 feet for a total of 20 additional feet of turning area
beyond what is engineered and approved for the Lincoln Avenue street improve-
ments before the completion of Phase 5 street improvements (Document Index G-
15).
(3) Justin Vellum. applicant/petitioner and deg eloper for Columbia Ridge Homes,
LLC (Document Index G-6, G-1 l and G-12): The developer's attorney's reviewed the
letter and cases cited in attorney Reed C. Pell's email asserting that the property owners'
historic use of the right-of-way proposed for vacation give them a prescriptive easement
to continue to use it because it is held in a proprietary rather than governmental capacity.
The attorney indicated that the cases he cited do not apply to this situation. The Sisson v.
Koelle ease cited the Goedecke v. Viking Inv. Corp. case which holds that abutting
property owners do not acquire by adverse possession any part of a public right-of-way to
which a municipal corporation has title, and that a public road does not lose its character
as a public road because no public funds are expended for its maintenance and upkeep.
That rule applies to the North 92"d Avenue deeded right-of-way involved here even
though the Sisson v. Koelle case did not apply that rule to its facts where the County had
never devoted its deeded property to any use, either public or private (Document Index
G-6).
Two photographs are submitted in response to Mr. Pell's email asserting claims of
his clients, Neil and Michele Haut', to the effect that the approach onto Lincoln Avenue
from the private road north of the Rainier Court subdivision would be difficult for large
Columbia Ridge Homes,LLC 10
Vacation of Street Right-of-Way:
Portion of Private Road named RECEIVED
N.92nd Avenue:RWV#001-24
JUL 1 $ 2024
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trucks to negotiate, especially with snow on the road, due to its steepness and the
proximity of a telephone pole and irrigation turnout. The first photograph shows that the
approach onto Lincoln Avenue would be relatively level except arguably for 150 to 200
feet north of Lincoln Avenue which would be a fully-improved City street with barrier
curbs. That photograph shows the temporary access road connecting to the private road
north of the subdivision. It shows the telephone pole to be approximately 90 feet north of
Lincoln Avenue and shows the irrigation turnout to be about 34 feet north of Lincoln
Avenue and 25 feet east of the road right-of-way. It also shows the existing and future
short grade which is easy to negotiate and was negotiated onto the temporary access road
last winter during snow without any known difficulty. The temporary access was
prepared by PLSA and approved by City inspectors. Negotiating the turn to or from a
paved, wide street will be easier than negotiating the existing turn to and from the
temporary gravel access road which provides access to and from Summitview Avenue by
way of Rainier Drive. The second photograph shows how the requested right-of-way
vacation would eliminate about one-quarter of a mile of steep grade and would safely
collect traffic onto low volume residential streets (Document Index G-11),. That would
be a safer way to enter and leave a busy four-lane arterial than entering and leaving
Summitview Avenue by way of the 16-foot-wide gravel right-of-way which experienced
a driving fatality in the 1990's.
The Planning Commission required this application/petition to be submitted as a
condition of preliminary plat approval of the Plat of Rainier Court—Phases 2, 3 &4. The
Planning Commission wanted to avoid a narrow, steep road down to Summitview
Avenue. A third photograph shows that the streets constructed to City standards such as
Rainier Drive and future Lincoln Avenue have sufficient width to allow 53-foot-long
tractor trailers loaded with trusses to enter 20-foot-wide driveways on steep streets next
to homes being built without any problem(Document Index G-12). Since the intersection
of the right-of-way with Lincoln Avenue will not be as extreme as the maneuver shown
on the photograph, it is likely that semi-trucks will be able to navigate the turn. The same
wide roadway characteristic should also provide automobile traffic with ample space to
navigate the Lincoln Avenue intersection in winter weather conditions. The intersection
will be located in an open space area where Lincoln Avenue will be a paved dead-end
street with curbing and pavement width constructed to City standards. There will not be
any homes in that location and the traffic volume will be low. Lincoln Avenue is
anticipated to be completed for use by property owners north of the subdivision by this '
August.
Columbia Ridge Homes,LLC 11
Vacation of Street Right-of-Way:
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The five-year time limit for preliminary plats is to complete the infrastructure
rather than build on the lots and there is provision for a one-year extension. The time
limit runs from the time of City Council approval of the preliminary plat. The infra-
structure for Phase 4 is expected to be completed by July of next year within the 5-year
period,but at least within the extension period.
In order to address the concerns of Mr. and Mrs. Ilauff, the applicant/petitioner
would even be willing to go further than the offer to provide an easement for use of the
Lincoln Avenue street area that would normally be completed in Phase 5, but would also
be willing to complete Lincoln Avenue to its dead end with pavement, curbing and
whatever street improvements are acceptable to the engineers, including the City
Engineer.
(4) Justin Boeser. resident at the northwest corner of Summitview Avenue and the
North 92` Avenue right-of-way: Mr. Boeser favors approval of the requested vacation of
right-of-way, not because he happens to be employed by the applicant/petitioner, but
because he lives next to the gravel road that causes a lot of dust for his house and vehicles
and because the traffic flies down the road and most of the time can barely stop for
Summitview Avenue. He said he has a kid and a couple of small dogs, so it's a safety
concern for him is why he favors the right-of-way vacation.
(5) Dean and Jan Bass, residents on cast side of the North 92" Avenue right-of-
way who also ownpronerty on the west side of that right-of-way adjacent to the south
boundary of the Rainier Court subdivision (Document Index G-14): In the 24 years that
Mr. and Mrs. Bass have lived there, rainfsnow melt run-off has not been contained on the
upper hillside properties, requiring regular personal blading and regrading of the lower
portion of the road. Reconfiguration of the road access for the upper properties onto
Lincoln Avenue would resolve this issue by diverting the water into storm drains on the
improved road.
There are 5, with a potential of 6, residents currently using the unimproved gravel
road entrance onto Summitview Avenue. If the right-of-way vacation is approved, the 3
residents above the vacated section of North 92"d Avenue would have a new improved
access to Lincoln Avenue. Since Mr. and Mrs. Bass have made arrangements for their
two parcels to access Rainier Drive to the west,the current right-of-way crosses their new
driveway to Rainier Drive.
Visibility is impaired at the unimproved North 92' Avenue entrance to
Summitview Avenue by a power pole and unmaintained field to the east and by a cluster
Columbia Ridge Homes,MC 12
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IVED
Portion of Private Road named
N.92nd Avenue:RWV#001-24 JUL
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of mail boxes with two sign poles to the west. The current right-of-way is an awkward
offset to the improved North 92'd Avenue that enters the south side of Summitview
Avenue, Vehicles leaving the unimproved right-of-way have difficulty seeing the traffic
on Summitview Avenue, especially the traffic entering Summitview Avenue from 92'
Avenue on the south side of Summitview and entering Summitview from Rainier Drive
to the west. There was a fatality at this location in 1999 because residents did not see
oncoming traffic when they pulled onto Summitview Avenue.
At the hearing on June 13th, Mrs. Hauff stated a need to use the full length of 92"d
Avenue to get stopped at Summitview when there is snow on the road as an argument to
retain the right-of-way. This argument appears to he invalid since they were able to
navigate the temporary access road provided to Rainier Drive last winter. The improved
wider access to Lincoln Avenue will direct them east at the same point—no difference. If
the right-of-way stays intact and they claim they can't stop until the bottom with snow on
the road, how will they slow to check for traffic where the right-of-way intersects
Hawthorne Avenue? Furthermore, the road is not wide enough for vehicles to pass each
other in opposite directions without trespassing on the property east of the right-of-way.
If the requested vacation of right-of-way is not granted, Mr. and Mrs. Bass intend
to gate their property to prevent cars from crossing their driveway without regard to the
safety of their family. They are categorically against keeping the 92"d Avenue right-of-
way in place and hope these facts prevail in the decision the City makes on this issue.
(fi) Sharon Farmer Dressel, resident on the east side of the North 92"d Avenue
right-of-way south of the Bass pre perry (Document Index G-13 read at the hearing by her
daughter Shev Dressel because her mother was out of town on business): Mrs, Dressel's
husband passed away in 2018. They moved onto the property on the east side of the
North 92"Avenue right-of-way in 1987 and she is now the longest living property owner
on the road. The small 16-foot-wide right-of-way is a gravel road where two cars cannot
pass without trespassing on property on the east side due to the development of property
on the west side with high embankments. She has had to wait for vehicles or totally back
up to her own driveway.
After her husband's death, Mrs. Dressel contacted City Planners to see if the
developer was going to give any property to make North 92" Avenue wider. She was
told that the plan was to shut down access on the right-of-way at the north property line
of the Bass property. After she learned and reported that the Bass property would be
Columbia Ridge Homes,LLC 13
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N.92nd Avenue:RWV#001-24
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accessed by a driveway to Rainier Drive,she was then told that North 92"d Avenue would
be blocked at the north of her property.
Now Neil and Michele Hauff want 92"to stay open for themselves. 92nd has been
their personal speedway for years now. Mrs. Dressel watched the hearing of June 13 and
was taken aback by Michele Hauffs statements that "they need the length of 92' to
Summitview to be able to stop when there's snow on the road" and "They wouldn't be
able to make the turn onto Lincoln." Mrs. Dressel has witnessed when outside over the
years of the Hauffs going so fast that she stopped what she was doing to see if they would
be able to stop their vehicle before they reached Summitview in the best of conditions.
The speed limit on Summitview is 40 and they do 40 to 50 mph all the time with dust
flying in the air 30 to 40 feet high and probably even higher when thy.
Mrs.Dressel looked at the Google Maps. The Hauffs have a hairpin curve on their
road above and that's not a problem for them to navigate every day they have driven 92"d
Avenue. Neil Hauff stated"that they weren't called and drove in the dark to find the road
block on December 13`h 2023." Mrs. Dressel agrees that someone should have called
them, but Dean Bass did call them that day, so they were told. It wasn't a total shock in
the dark that night—they already knew.
All of this brings up horrible memories for Mrs. Dressel. Their long time
neighbors Howard and Ruby Jorgensen were hit by a tractor trailer because of the pole
and horrible visibility to see oncoming traffic when pulling out onto Summitview
Avenue. Howard died and Ruby was not able to return to her home. Mrs. Dressel walked
out to ask a gentleman to slow down on the road in his truck when her daughter was
about two years old. Her daughter had walked out without being seen and her arm was
run over. After this occurred Neil Hauff drove by and didn't stop,just flew by as always.
Mrs. Dressel and her husband were advised by an attorney that they could gate the
road, which has not been done because Mr. and Mrs, Bass are such good neighbors_
They have always driven at a slow speed being responsible and respectful. All others
have caused much stress over the years. If 92' remains open for all the traffic above to
use and even the new homes to have access, Mrs. Dressel will absolutely be gating the
road at the north end of her property. How this 16-foot road can even be considered to
stay open is beyond her comprehension.
Homes will be built, but 92"d will not be widened or developed any differently
than it is now. if the City opens 92"d, a private road, for use by numerous additional
residents, then the City must bring the road up to code and take on the expense of
widening and maintaining it. The City is unwilling to shoulder this burden. Since the
Columbia Ridge Homes,LLC 14
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Portion of Private Road named
N.92nd Avenue:RWV#OO1-24
JUL 1 8 208
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development on the west side has already happened, there is no way to obtain the extra
feet to widen 92"d now either_
On her own behalf, Shey Dressel indicated that she lived where her mother lives
for 18 years and visits often. She has seen that sometimes North 92"d Avenue gets so icy
a person cannot drive up it and now cannot even park on the side of the road without
trespassing on someone's property. She believes it is unsafe to keep it open.
X. Written Comments and_ Testimony Presented in Opposition to the
Proposed Right-of-Way Vacation. The written comments and testimony presented
in opposition to the proposed right-of-way vacation may be summarized as follows:
(1) Neil and Michele Hauff,owners and residents of properly north of the Rainier
Court subdivision (Document index G-2. G-16. G-17 and G-18): Mr. and Mrs. Ilauff
indicate that they have not seen a definite plan in writing as to the access to and from
Summitview Avenue by way of Lincoln Avenue. It would be a struggle for a tractor
trailer moving van exiting Lincoln to the west and going north on 92"a Avenue with level
dry conditions. Now complicate the maneuver of turning a tractor trailer onto 92"d
Avenue from Lincoln with a steep sloping incline, narrow confines and snowy
conditions.
Current City standards and engineering have not been applied for a conducive
transition to travel up and down 92"d Avenue,Traversing down the hill to make a left turn
onto Lincoln Avenue would lead to disastrous results in adverse conditions. They need
the length of 92"d to Summitview to be able to stop when there is snow and ice on the
road and they wouldn't be able to make the turn onto Lincoln. They don't see the City
assuming liability if the right-of-way vacation is granted. Public benefit is not achieved
at this point. They do not see the City maintaining Rainier Court streets for snow removal
since there are too many streets to maintain in the City. The City has a history of no snow
removal on North 92' Avenue. It is a public benefit that 92nd Avenue remains a private
road that does not require City expenditures. Rainier Court streets have been generously
engineered, but the transition from Lincoln has been overlooked and has not been
generously engineered. This creates a liability to the City for the travel of all service
vehicles small, medium and large—tractor trailers, garbage trucks, cement trucks, lumber
trucks, propane trucks, emergency vehicles, service trucks and any other vehicles that
Columbia Ridge Homes,LLC 15
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N.92nd Avenue:RWV#001-24
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have a purpose to visit. The travel of these vehicles gives rise to problems in adverse
conditions.
The October 13, 1954, Quit Claim Deed of the 16-foot-wide right of way
conveyed to Yakima County "all interest in the following described real estate .,. to have
and to hold for use as a public road forever." How can the deed be overlooked in the
platting of a subdivision?
At this point, public benefit is lacking because the transition from Lincoln Avenue
to North 92"d Avenue is a less safe jagged transition onto the side of a hill. A more
apropos connection would involve straightening it out. When traffic comes south on
North 92"a Avenue to Lincoln Avenue in adverse conditions, the possibility exists for
encroachment into backyards and houses on Lot 83 or Lot 29 which would not be in the
public interest or a public benefit for the City to assume that liability (Document Index
G-9 and G-10). Also the current blockage of North 92" Avenue installed on December
13, 2023, without notice to them makes it difficult and not a public benefit for them to
collect their mail at the mail boxes at the entrance to North 92"'d Avenue and then have to
back onto Summitview Avenue.
Mr. Hauf described topographical maps showing steepness of the area in 10-foot
intervals, including a 50-foot rise coming from Lincoln Avenue onto the private road.
(Document Index G-16, G-17 and G-18). They didn't have trouble making the turn from
the private road to the temporary road leading to Rainier Drive last winter because it was
a mild winter and he plowed the road. The developers did not use the temporary road but
went across the corner at a 45°angle to pick up their excavator.
Mr. Hauff attended the Planning Commission hearing on February 26, 2020, and
understood there would be a 5-year time limit to complete Phases 2, 3 and 4 which would
be in 2025,but there is a lot more to go and it might take 10 more years to complete.
(2) Reed C.Pell, attorney for Neil and Michele Hauff(Document Index G-3); Mr.
and Mrs. Hauff purchased their property in December of 1999. For the last 24 years they
have used North 92"d Avenue designated as a private road for ingress and egress to and
from their property so as to have perfected a prescriptive casement allowing their
continued use of the right-of-way.At no time has the County or City maintained the road.
Mr. and Mrs. Hauff have maintained it over the years by putting gravel on it and plowing
snow from it Mr, Pell points out that the 1954 Quit Claim Deed granted the right-of-way
to Yakima County "as a public road forever" and that Washington court cases such as
Gustaveson v. Dwyer, Sisson v. Koelle and Kesinger v. Logan hold that a party can
Columbia Ridge t tomes,LLC 16
Vacation of Street Right-of-Way: RECEIVED
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N.92nd Avenue:RWV#01}1-24 JUL 1 9 2024
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adversely possess property against a County or City. For these reasons, Mr. Pell argues
that the North 92nd Avenue right-of-way north of Summitview Avenue has been held in a
proprietary rather than a governmental capacity and that his clients' can therefore
establish a prescriptive easement that would allow them to continue to use the right-of-
way area that is proposed for vacation.
Mr. Pell at the hearing also asked questions of his clients to elicit facts and to
emphasize points for the record similar to those set forth in their written comments, and
also indicated that there may be a Nob LIill Water Association water line within a portion
of the right-of-way proposed for vacation.He presented a final argument emphasizing the
points asserted by his clients in their written comments and testimony. He argued that the
right-of-way vacation benefits the subdivider rather than the public by maximizing the
number of lots in the subdivision and that any proceedings to vacate the subject right.-of-
way should have been undertaken before the preliminary plat was approved. lie reiterated
his arguments to the effect that the Iiauffs have used and maintained the road for 24 years
when they had a straight shot to Summitview and now will end up in the backyard of
someone's property
(3) Marchal Tyler. owner and resident of property north of the Rainier Cowl
subdivision (Document Index G-4): Mr. Tyler's written comment mainly questioned the
intent of the 1954 Quit Claim Deed to Yakima County and stated that the proposal affects
7 parcels.
XL Right-of-Way Vacation Findings. The findings relative to this recommendation
to the Yakima City Council regarding this petition/application for vacation of the portion
of 16-foot-wide right-of-way north of Summitview Avenue named North 92„d Avenue
that is approximately 400 feet long within the Rainier Court subdivision under develop-
ment are as follows:
(1) City Council Resolution: The Yakima City Council by Resolution No. R-
2024-075 referred this street right-of-way vacation Petition No. 24-01 to the Hearing
Examiner to hold a public hearing on June 13, 2024, at 9:00 a.m. and to make a recom-
mendation to the City Council regarding the petition. The petition was signed by a
Columbia Ridge Homes,LLC 17
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representative of Columbia Ridge Homes, LLC which owns more than two-thirds of the
contiguous private property. This recommendation has been issued and delivered to the
City Planning Division within 10 business days of the conclusion of the hearing.
(2) Hearing Examiner Authority: The Hearing Examiner has jurisdiction to
conduct public hearings on petitions and resolutions to vacate streets and public rights-of-
way pursuant to YMC §1.43.080(H) and YMC Chapter 14.21 which provide that the
Hearing Examiner shall make a recommendation regarding such petitions to the Yakima
City Council.
(3) Urban A ca Zoning Ordinance: Street rights-of-way are not technically within
any zoning classification. However, upon vacation they acquire the same zoning that is
applicable to the contiguous property. In this case, the contiguous property is zoned
Single-Family Residential(R-1).
(4) Yakima Comprehensive Plan 2040: Street rights-of-way likewise do not have
an underlying Comprehensive Plan designation. But upon vacation the vacated area is
likewise designated the same as the contiguous property. In this situation. the vacated
right-of-way area would have a Comprehensive Plan Future Land Use Map designation
of Low Density Residential.
(5) Revised Code of Washington (RCW) Chapter 35.79: This chapter of state law
prescribes the state's requirements for the process of vacating street right-of-way. All
requirements of this chapter that can be accomplished prior to delivery of this recom-
mendation to the Planning Division for the City Council's consideration have been
fulfilled. State law provides that the property within the limits to be vacated shall belong
to the owners of the lots abutting each side of the vacated area, one-half to the owners on
each side of the vacated area (RCW 35.79,040). All of the area proposed for vacation
would belong to Columbia Ridge Homes, LLC except for the west half of a portion
adjacent to a lot in the subdivision that was sold after the petition was tiled to a buyer
who agreed to the proposed right-of-way vacation.
(6) Public Use of The Right-of-Way: The portion of the right-of-way proposed to
be vacated has not been improved or maintained by Yakima County prior to annexation
of the area or by the City of Yakima after annexation of the area,but has been previously
allowed by the County and thereafter by the City to be used as a private road to access
properties that otherwise would not have access to and from Summitview Avenue. The
property owners who have been using the road have been maintaining it. Mr. Pell's
Columbia Ridge Homes,LLC 18
Vacation of Street Right-of-Way:
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N.92nd Avenue:RWV#011-24
.flit 18 21024
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contention that his clients may establish a prescriptive easement to continue to use the
deeded right-of-way is not a given_ The issue would be whether the County and/or the
City have held the right-of-way in a proprietary capacity rather than in a governmental
capacity. Absent laches or other unreasonable delay, a prescriptive easement to continue
to use a deeded right-of-way arguably could be established in a court action if the right-
of-way has been held in a proprietary capacity due to the fact that it has not been used for
any purpose, public or private. But a prescriptive easement here arguably could not be
established by a court action if the right-of-way has been held in a governmental capacity
due to the fact that both the County and City have allowed it to be used by property
owners and others as an access road even though it has not been publicly maintained. A
prescriptive easement can only be established by a court. action. How the court action
would be decided does not need to be known in order for the City Council to approve the
requested right-of-way vacation. The only effect that approval of the requested right-of-
way vacation would have is that the court action necessary to establish a prescriptive
easement would have to be pursued against the owners of the property on each side of the
vacated area rather than against the City. The effect of a denial of the requested right-of-
way vacation would be to allow the continued use of the right-of-way without the need to
establish a prescriptive easement.
(7) Criteria #I for Vacation of Right-of-Way (YMC §14.21.050(A)(I)): What is
the public benefit, reason for, and limitations of the proposed right-of-way vacation?The
public benefit and reason for the requested right-of-way vacation would be the
elimination of a portion of a substandard narrow, unpaved, steep private road behind the
lots and across two public streets in a residential subdivision which is being developed
with full-width residential streets that will be constructed to City standards. The
requested vacation would also eliminate traffic crossing a private driveway south of the
subdivision and prevent additional traffic from the subdivision from using the private
road south of the subdivision. In this way, approval of the requested right-of-way
vacation would provide the properties north of the subdivision with safer access to and
from Summitview Avenue by first entering Lincoln Avenue which would have a 31.5-
wide paved area with curbs along the south side and by then utilizing other streets
improved to City standards. This change in access for properties north of the Rainier
Court subdivision would also reduce the amount of traffic and dust on the existing private
road reported by property owners south of the subdivision who would be the only users
Columbia Ridge Homes,LLC 19
Vacation of Street Right-of-Way:
Portion of Private Road named
N.92nd Avenue:RWV#OO1-24 RECEIVED
JUL 1 8 2024
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of the private road for access to and from Summitview Avenue if the requested vacation
is approved.
Mr. and Mrs. Hauff contended that the requested vacation of right-of-way would
not provide them with safer or better access to their property north of the subdivision due
to the steep slope where their private road would enter or leave Lincoln Avenue. They
indicated that the turn onto and off of Lincoln Avenue would be difficult for large
vehicles and unsafe when snow or ice is on the road. Neither Mr. Hellem nor Mr. Durant
agreed with that claim. Mr. Hellem's offer to improve Lincoln Avenue completely to its
dead-end in the near future rather than waiting for completion of Phase 5 infrastructure is
a reasonable way to address the liauffs' concerns because they will then likely have
about 31.5 feet of pavement on which to make their turn to or from a 28-foot-wide right-
of-way.
Mr. Hauff should be able to plow snow from that area of Lincoln Avenue as
effectively as he has for years plowed snow from the entire length of North 92" Avenue
to Summitview Avenue. When the subdivision is completed, it would not be safe for the
Han fs to have to use most of North 92w' Avenue in order to stop for Summitview
Avenue because they would at that point in time have to cross two City streets and one
private driveway long before reaching Summitview Avenue.
The Hearing Examiner viewed the site to help understand the conflicting evidence
on this point by driving from Summitview Avenue on Rainier Drive through the Lincoln
Avenue entrance to the right-of-way to the Hauff residence.The portion of that drive that
was most challenging was driving up the steep narrow road to the Hauff residence which
has a steep dropoff on one side. The weight of the evidence as confirmed by the site visits
established the fact that using the new access to and from Surnrnitview Avenue by way of
Lincoln Avenue would be safer and easier for residents north of the Rainier Court
subdivision to negotiate than using the current gravel road passing through the
subdivision across two public streets and private driveway.
The limitation of the right-of-way proposed for vacation is that it is only
approximately 400 feet of the 16-foot-wide right-of-way that passes through the Rainier
Court subdivision. Since the subject area is unimproved and the City has no plans and
possibly no ability to ever improve or use this area, this portion of right-of-way can best
be used as part of the adjacent private property.
(8) Criteria#2 for Vacation of Right-of-Way (YMC §14.21.050(A)(2)): Does the
vacation deny any property sole access to a public street? This right-of-way vacation
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would not deny any property access to a public street. Vacation of the right-of-way would
maintain vehicular access for all adjacent properties and all current and future users of the
right-of-way proposed for vacation by means of new streets within the Rainier Court
subdivision that will be constructed to City standards. One of the conditions of approval
of the preliminary plat of Rainier Court—Phase 2, 3 &4 was to apply for this vacation of
right-of-way and "if approved, public access must be provided for the lots using the
ROW to be vacated." Property outside of the approximate 400-foot-long right-of-way
area proposed for vacation will continue to have access by way of the North 92'Avenue
right-of-way north of Summitview Avenue either over new streets within the Rainier
Court subdivision for the property north of the subdivision or directly to Summitview
Avenue for the property south of the subdivision.
(9) 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 Transportation
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. Nor
would approval of the right-of-way vacation be inconsistent with the Comprehensive
Plan or any other official City plans and policies. To the contrary it would be consistent
with the Comprehensive Plan Goal 2.3 to preserve and enhance the quality, character and
function of Yakima's residential neighborhoods and Policy 2.3.3 to create walkable
residential neighborhoods with safe streets and good connections to schools,parks,transit
and commercial services. Furthermore, the Planning Commission's recommendation to
require submission of this application/petition for right-of-way vacation and to provide
the properties north of the subdivision with access to and from Summitiew Avenue by
way of public streets within the subdivision was based upon YMC §14.20.100(4)(d) and
YMC §14.20.100(5) relative to making appropriate provisions for streets or roads in
order the serve the public use and interest.
(10) Criteria #4 for Vacation of Right-of-Way (YMC §14.21.050(A)(4)): 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. To the
contrary, the requested right-of-way vacation would facilitate the anticipated single-
family development of the Rainier Court subdivision by eliminating traffic between the
back yards of residences and across two public streets within the subdivision.
Columbia Ridge Homes,LLC 21
Vacation of Street Right-of-Way: RECEIVED
Portion of Private Road named
N.92nd Avenue;RWV#001-24
PLa NINE DtV�w
284
(11)Criteria#5 for Vacation of Right-of-Way (YMC :14.2] 0 • Ai 5 :Are there
any public or franchised utilities in the right-of-way to be vacated and if so, will they be
relocated? There arc overhead power and telephone lines and possibly a Nob Hill
Water Association pipeline within the right-of-way area proposed for vacation. The
applicant/petitioner will have an easement prepared and recorded for the power and
telephone lines and for any water line or other utilities within the vacated area.
(12) Criteria#6 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(A)(4) 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."
The City has not purchased, maintained or improved the area proposed for right-
of-way vacation. None of the members of the City's Development Services Team
indicated that improvements are planned for the right-of-way area proposed for vacation
or that any anticipated public purposes exist for maintaining that portion of the right-of-
way. The area of right-of-way proposed for vacation was deeded to Yakima County in
1954 and has been the City's property for more than five years as a result of the
annexation of the area. Therefore, compensation to the City for the right-of-way area
proposed for vacation of this 16-foot-wide right-of-way which is approximately 400 feet
long is not required by the criteria in YMC §14.21.070(AX4).
CONCLUSIONS
Based upon the findings set forth above, the Hearing Examiner reaches the
following conclusions regarding the requested right-of-way vacation of a portion of a 16-
foot-wide right-of-way approximately 400 feet long which is designated and signed as a
private road north of Summitview Avenue named North 92°'1 Avenue:
Columbia Ridge Homes,LLC 22
Vacation of Street Right-of-Way:
Portion of Private Road reamed RECEIVED
N.92nd Avenue:RW V##4Ntt-24
JUL 1 8 2024
OI Y'OF YAKIMA
PLANNING r31V
285
(1) Petition signatures for this requested vacation of right-of-way were obtained
from the necessary two-thirds of the property owners fronting this area proposed for
right-of-way vacation because the petitioner/applicant/property owner Columbia Ridge
Homes, LLC owns more than two-thirds of the property abutting this portion of public
right-of-way.
(2) A traffic study was not required for this proposal.
(3)The area of the right-of-way proposed for vacation is a 16-foot-wide portion of
the private road designated and signed as North 92"d Avenue north of Summitview
Avenue which is within the Rainier Court subdivision under development, and is an area
described by metes and bounds in a Quit Claim Deed rather than an area dedicated as part
of a subdivision,
(4)If this requested vacation of right-of-way is approved,the vacated right-of-way
will have the same Low Density Residential Comprehensive Plan designation as the
contiguous private property and the same Single-Family Residential (R-1) zoning
classification as the contiguous private property.
(5) Approval of the requested right-of-way vacation would not cause any
properties to be denied sole access to the public street system.
(6) 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.
(7) Approval of the requested right-of-way vacation would benefit the City and its
residents by allowing the Rainier Court subdivision to be developed with new paved
residential streets constructed to City standards that will provide a safer means of access
to and from Summitview Avenue for residents north of the subdivision and will provide a
safer means of access to and from Summitview Avenue for residents south of the
subdivision due to the reduced amount of traffic and dust that will result.
(8) All necessary requirements for the vacation of street right-of-way prescribed
by RCW Chapter 35.79 and YlvIC Chapter 14.21 are satisfied.
(9) 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.
Columbia Ridge Homes, LLC 23 RECEIVED
Vacation of Street Right-of-Way:
Portion of Private Rued named lU 1 �Q
N.92nd Avenue:RWv##OOI-24
OF YAKIi41A
PLANNING O1V.
286
RECOMMENDATION
The [leering Examiner recommends to the Yakima City Council that this
application{petition for vacation of a portion of the 16-foot-wide strip of right-of-way
approximately 400 feet long designated and signed as a private road named North 92"d
Avenue north of Summitview Avenue within the Rainier Court subdivision under
development be APPROVED subject to the following conditions:
(1)The vacated area shall belong to the abutting property owner Columbia Ridge
Homes, LLC except for the western half thereof adjacent to a lot in the subdivision that
was sold after the petition was filed;
(2) The area within the vacated right-of-way shall be included within the Low
Density Residential Comprehensive Plan designation and within the Single-Family
Residential (R-1)zoning district;
(3) The petitioner/applicant/property owner shall record an easement for the
maintenance, repair and replacement of any utilities located within the vacated area and
shall maintain access to any public utility easements at all times;
(4) The current temporary alternate access to and from Surnmitview Avenue for
properties north of the vacated right-of-way shall continue to be provided by way of
Rainier Drive until Lincoln Avenue is completed to its dead-end in order to replace that
temporary alternate access to those properties; and
(5) As part of the current subdivision Lincoln Avenue street improvements prior to
construction of the Phase 5 street improvements, Lincoln Avenue shall be improved to its
dead-end, which is to the western edge of the adjacent 2$-!boot-wide road right-of-way,
with pavement, curbing and such improvements and design Matures as are acceptable to
the engineers involved, including the City Engineer, in order to allow as much space as is
feasible for the turning movement on Lincoln Avenue to and from the road right-of-way
to the north.
(6) The legal description in the record for the area within the vacated right-of way
which was provided by PLSA Engineering&Land Surveying is as follows:
Columbia Ridge Homes,LLC 24
Vacation of Street Right-of-Way: RECEIVED
Portion of Private Road named
N.92nd Avenue:RWV#OO1-24
IY9l I 8 2a24
;I3 Y QV YAKIMA
PI_A KING D[1d
287
That portion of the East Half of the Northeast Quarter of the Southwest Quarter of
the Northwest Quarter of Section 19, Township 13 North, Range 18 East, W.M,
described as follows: Beginning at the Northeast corner of said subdivision;thence
North 89°54`55"West, along the North line of said subdivision 8.00 feet to the
West line of East 8 feet of said subdivision; thence South 0'14'23" West, along
said West line, 322.33 feet to the Southeast corner of Lot 23 of the Plat of Rainier
Court — Phase 2, recorded under Auditor's File No. 8139905, records of Yakima
County, Washington; thence South 89°46'53" Fast 8:00 feet to the East line of said
subdivision; thence North 0°14'23" East, along said East line, 322.35 feet to the
Point of Beginning;
EXCEPT the North 50 feet thereof.
TOGETHER WITH that portion of the East Half of the Northeast Quarter of the
Southwest Quarter of the Northwest Quarter of Section 19, Township 13 North,
Range 18 East, W.M. described as follows: Beginning at the Northeast corner of
Lot 25 of the Plat of Rainier Court— Phase 2, recorded under Auditor's File No.
8139905, records of Yakima County, Washington; thence South 0°14'23" West,
along the east line of said Lot 25, 89.57 feet to the Southeast corner of said Lot 25;
thence South 89'56'33" East 8.00 feet to the East line of said subdivision; thence
North 0°l4'23"East, along the East line of said subdivision, 89.57 feet to a point
bearing South 89°46'53" West from the Point of Beginning; thence North
89°46'53" West 8.00 feet to the Point of Beginning.
TOGETHER WITH the West 8 feet of the Northwest Quarter of the Southeast
Quarter of the Northwest Quarter of Section 19, Township 13 North, Range 18
East,W.M.;
EXCEPT the North 50 feet thereof;
AND EXCEPT the South 189 feet thereof.
DATED this 18'1'day of July,2024.
�'rq M.
Gary Caillibr,Hearing Examiner
Columbia Ridge Homes,LLC 25
Vacation of Street Right-of-Way: RECEIVEr
Portion of Private Road named
N.92nd Avenue:RWV#001-24
It1L 18 2024
GI;Y OF YAKIMA
PLANNING DIV
288