HomeMy WebLinkAbout2024-028 Ordinance relating to land use; vacating S. 10th Avenue between W. Chestnut Avenue and W. Walnut Street ORDINANCE NO. 2024-028
AN ORDINANCE relating to land use; vacating S. 10th Ave. right-of-way between W.
Chestnut Ave. and W. Walnut St. in the City of Yakima, Washington.
WHEREAS, by petition dated March 28, 2024 (Petition#24-04), which included signatures
of the owners of more than two-thirds of the parcels abutting the property proposed to be vacated,
YWCA Yakima requested to vacate a portion of platted City of Yakima right-of-way more
particularly described in Exhibit "A", attached hereto and incorporated herein by this reference
generally known as the block of South 10th Avenue between West Chestnut Avenue and West
Walnut 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 South 10th Avenue;
and
WHEREAS, on July 25, 2024 and August 8, 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 August 22, 2024, the Hearing Examiner issued his Recommendation
regarding RWV#002-24, 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 October 15, 2024, the City Council
considered the requested right-of-way vacation, including the documents and other evidence
which comprise the record developed before the Hearing Examiner, the Hearing Examiner's
Recommendation, additional statements by the petitioners and city staff, and the statements and
comments provided during public testimony; and
WHEREAS, as stated in the Hearing Examiner's recommendation, compensation to the
City is necessary for this right-of-way vacation due it being part of a dedicated public right-of-way
for twenty-five years of more, in accordance with YMC § 14.21.070, which states that the applicant
shall compensate the city the full amount of the appraised value if the property has been part of
a public right-of-way for more than 25 years, and because the applicant does not fall under the
exceptions to the full compensation requirement; and
WHEREAS, the City Council finds that the considerations of the Hearing Examiner in
response to the requirements and criteria of RCW Chapter 35.79, together with the City of Yakima
street vacation ordinance, Yakima Municipal Code Chapter 14.21, are correct and appropriate,
and that the same should be adopted by the City Council as its findings herein; and
WHEREAS, the City Council finds that it is in the best interest of the City and its residents
to vacate the right-of-way described in Exhibit A attached hereto and fully incorporated here
pursuant to the Hearing Examiner's recommendation and conditions and to enact the following to
approve the requested right-of-way vacation; now, therefore:
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. The South 10th Avenue right-of-way running approximately 400 feet from
West Chestnut Avenue to West Walnut 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 August 22, 2024
Hearing Examiner's Recommendation (RWV#002-24), 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, YWCA Yakima's satisfaction of the following
conditions, as stated on page 11 of the Hearing Examiner's Recommendation:
1. The petitioners/applicants/property owners shall prepare and record with the
County Auditor any easements that may be required by the City for the
maintenance, repair and replacement of the City's sewer line, water line,
stormwater catch basins, stormwater pipes and any other utilities located within
the vacated area, and shall maintain the City's ability to access any public utility
easements at all times free of any structures, trees or permanent ground features
that obstruct access to the existing facilities; and
2. An ordinance enacted by the Yakima City Council to vacate this portion of street
right-of-way shall not become effective until the City has received the full appraised
value of$70,000.00 as compensation for said street vacation.
Section 4. Pursuant to YMC 14.21.090, the City designates the zoning district of the
vacated right-of-way to be Professional Business, inclusive of the applicable zoning district
designations, and the right-of-way vacated shall now and henceforth be subject to all regulations
of the Professional Business zoning district.
Section 5. Pursuant to YMC 14.21.100, applicant shall pay the City the full costs
associated with recording this Ordinance with the Yakima County Auditor's Office, in advance of
recording. Pursuant to YMC 14.21.120, the City retains control of the proposed vacated public
right-of-way until all payment is received.
Section 6. Following vacation, any proposed improvements to the vacated property
shall go through the proper land use review pursuant to the Yakima Municipal Code and as
determined by the Planning Division.
Section 7. 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 8. Applicants for the vacation are successors in interest to the Revocable
License Agreement between the City and Providence/Yakima Medical Care, originally approved
by the Yakima City Council under Resolution R-97-41. As such, upon vacation of the property,
the Revocable License Agreement shall immediately terminate.
Section 9. 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 10. 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.
�.�p,KIM,y N•
ATTEST: ' ' �h1 P ricia Byers, ayor
.SEAL• *;
Ro alinda Ibarra, City Clerk i'ih-js\1*NG<0`,'
Publication Date: October 19, 2024
Effective Date: November 18, 2024
t i
EXHIBIT "A"
PROPOSED PARCELS ,,A
Parcel A
Those portions of Lots 1 through 16, Block 372, together with the vacated alley interior-hereto, of
Yordy's Supplemental Addition to Capitol Addition to North Yakima,now Yakima, acoxd,r.g to the P'at
thereof recorded in Volume "B"of Plats,Page 111, records of Yak ma County,Wash,ngtcr, and those.
portions of vacated South 10th Avenue accruing urto said portions of said Bock. being rnore parnc.,larh;
described as`ollows:
Beginning at a point on the north line of said Block 372 that lies 213.04 feet easterly frcm the
northwest corner thereof;
thence South 71'32'55"West,reference bearing along said north line and said north lire extended
westerly, 253.04 feet to a point on the centerline of vacated South 10th Avenue
thence South 18"26'06'East along said centerline, 52 83 feet,
thence North 71'26'47" East, 116.62 feet;
thence South 18'32'2C"East,67.10 feet,
thence North 71°19'54" East, 54.98 feet,
thence North 18'31'35"West,63.15 feet,more or less,to the wall of a building as it existed cn August
17, 2022;
thence South 70°01'17"West along the wail of said building, 5.03 feet, more or less, to the
intersection of said wal with another building, whic`i occupied the northwesternmost portion of sae
Block 372 on said date,
thence northerly and easterly between those buildings(approximately 'unnIrg North 18°19 49" '.Vest
8 94 feet and thence North 71'27'06"East,54 25 feet)to the point where said buildings meet at tre
easterly end of said northwesternmost building;
thence continuing North 71'27'06"East along the wall of the more southerly building a c stance of
20.90 feet to the overhanging concrete canopy attached to said building,as it existed on August 17
2022;
thence North 18°20'29" West along the overhang of said canopy. 15 23 feet,
thence North 71°38'S4" East along the overhang of said canopy, 11 20 feet to a pant that i,es
South 18'19'33" East from the Point of Beginning;
thence North 18'19'33"West, 32.21 feet to the Point of Beginning
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PaKel
Lot 16, Block 352,and Lots 1 through 16, Block 17?, Yordy's Supplemental Addition to Capitol Addition
to North Yakima, now Yakima,according to the Plat thereof recorded in Volume"B"of Plats,Page 111,
records of Yakima County, Washington;
TOGETHER WITH vacated alley interior to said Block 372,
AND TOGETHER WITH those portions of vacated South 9th Avenue accruing to said Block 372 and to
Lot 16 of Block 352;
AND TOGETHER WITH those portions of vacated South 10th Avenue accruing to said Block 372,
EXCEPTING THEREFROM those portions of said Block 372, of said vacated alley,and of said vacated
South 10th Avenue,described as follows
Beginning at a point on the north line of said Block 372 that lies 213,04 feet easterly from the
northwest corner thereof;
thence South 71'32'55"West,reference bearing along said north line and said north line extended
westerly,253.04 feet to a point on the centerline of vacated South 10th Avenue;
thence South 18'26'06" East along said centerline, 52 83 feet;
thence North 71'26'47" East,116 62 feet,
thence Smith 18'32'20" East,67 10 feet,
thence North 71'19'54" East,54.98feet,
thence North 18'31'35"West,63.15 feet,more or less,to the wall of a building as it existed on August
17, 2022.
thence South 70'01'17'West along the wall of said building, 5 03 feet, more or less,to the
intersection of said wall with another building, which occupied the northwesternmost portion of said
Block 372 on said date;
thence northerly and easterly between those buildings(approximately running North 18'19'49" West,
8 94 feet and thence North 71°27'06" East, 54.25 feet)to the point where said buldings meet at the
easterly end of said northwesternmost building;
thence continuing North 71'27'06"East along the wall of the more southerly building, a distance of
20.90 feet to the overhanging concrete canopy attached to said building,as it existed on August 17,
2022;
thence North 18°20'29" West along the overhang of said canopy,
15 23 feet; 11, ,
thence North 71'38'54" East along the overhang of said canopy, Q 11 06/4)
11.20 feet to a point that lies South 18'19'33" East from the Point of .� ,
Beginning, CD, ``F ,; y
thence North 18°19'33"West, 32.21 feet to the Poet of Beginning r7
1a44� �n�J�
I 2._11 3/Z j
EXHIBIT "B"
City of Yakima, Washington
Hearing Examiner's Recommendation
August 22, 2024
In the Matter of an Application and )
Petition for the Vacation of Street )
Right-of-Way Submitted by: )
)
Hogback Healthcare Partners, LLC ) RWV#002-24
And Yakima Mobic, LLC, Owners, )
And by YWCA CEO Cheri Kilty )
)
For Vacation of the Portion of South )
10eh Avenue Right-of-Way between West )
Chestnut Avenue & West Walnut Street )
A. Introductory Findings. The Hearing Examiner conducted an open record public
hearing commencing on July 25, 2024, and concluding on August 8, 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 the conditions
that are also recommended by the Hearing Examiner(Document Index A-I).
(2) The representative for the applicants/petitioners, YWCA CEO Cheri Kilty,
testified in favor of approval of this right-of-way vacation which is needed to cure a 13-
inch encroachment onto the right-of-way by the building which has recently been
approved for a YWCA domestic violence shelter. That YWCA facility will be located in
Hogback Healthcare Partners, LLC 1
And Yakima Mobic, LLC by YWCA
CEO Cheri Kilty: Vacate South 10°i
Avenue from West Chestnut Avenue RECEIVED
To West Walnut Street: RWV#002-24
AUG 2 2 2024
t:IiY OF YAKIMA
PLANNING DIV.
the original Providence hospital School of Nursing building which was used most
recently as part of the Astria Regional Medical Center before that hospital was closed in
2020.
(3) A written comment dated July 15, 2024, from Associate Architect Sarah
Brede, A1A, explained that during the design process for use of the building as a YWCA
domestic violence shelter, ZBA Architecture discovered the building encroached onto
I Oth Avenue right-of-way which was problematic for a variety of reasons and learned by
meeting with the City's Engineering Department that the preferable solution would be to
request vacation of the right-of-way (Document Index E-2).
(4) The hearing was continued to August 8, 2024, to allow the owner of Hogback
Healthcare Partners, LLC, Chris Waddell, who signed the petition on behalf of that
limited liability company which owns the property on the east side of the area proposed
for vacation to also sign the petition as an owner of Yakima Mobic, I,I,C which owns the
property on the west side of the area proposed for vacation, and to allow for the
admission of the appraisal of the area proposed for vacation into the record since it was
not yet prepared. At the continued hearing on August 8, 2024, the petition also signed on
behalf of Yakima Mobic, LLC (Document Index F-1(a)) and the appraisal valuing the
area proposed for vacation at $70,000.00 (Document Index E-3) were submitted for the
record by Eric Crowell. Cheri Kilty indicated that since this is an issue that happened way
before YWCA was involved and has been there tbr decades, YWCA will probably be
submitting a formal request for the City Council to reduce that amount and also expressed
appreciation for the City's cooperation in vacating this area which will be quite helpful to
the movement of the families around the property.
(5) No other testimony and no written public comments were submitted relative to
this requested street right-of-way vacation.
(6) 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. The Hearing Examiner recommends that the Yakima City
Council approve the requested right-of-way vacation subject to conditions.
Hogback Healthcare Partners, LLC 2
And Yakima Mobic, LLC by YWCA
CEO Cheri Kilty: Vacate South 10'h
Avenue from West Chestnut Avenue
To West Walnut Street: RWV#002-24 RECEIVED
AUG 2 2 ?0?4
al Y Ul- Y movie,
PLANNING DV
C. Basis for the Findinas. 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 July 20, 2024; his consideration of the staff report,
exhibits, testimony and other evidence presented at an open record public hearing
commencing on July 25, 2024, and concluding on August 8, 2024; and his review of the
criteria for vacation of street right-of-way in Chapter 14.21 of the Yakima Municipal
Code (YMC) and Chapter 35.79 of the Revised Code of Washington.
FINDINGS
I. The Applicants, Petitioners and Property Owners. The applicants, petitioners
and property owners are Hogback Healthcare Partners, LLC as to the adjacent property
on the east side of the area proposed for vacation and Yakima Mobic, 1.1.0 as to the
adjacent property on the west side of the area proposed for vacation. An owner of both
limited liability companies who has signed the petition is Chris Waddell, 1416
Summitview Avenue, Yakima, WA 98902.
11. The Representative of the Applicants, Petitioners and Property Owners.
The representative of the applicants, petitioners and property owners is YWCA CEO
Cheri Kilty who testified in favor of approval of this right-of-way vacation which is
needed to cure an encroachment on the right-of-way by the building which has been
approved for a YWCA domestic violence shelter.
Hogback Healthcare Partners,LLC 3
And Yakima Mobic, LLC by YWCA
CEO Cheri Kitty: Vacate South 10d1
RECEIVED
Avenue from West Chestnut Avenue
To West Walnut Street: RWV#002-24
AUG 2 2 ?024
I Ut- YAK,MA
PLANNING DIV
III. Location. The location of the street right-of-way that is the subject of this petition
for vacation is a portion of South 10th Avenue between West Chestnut Avenue and West
Walnut Street which has been blocked by a walkway and trees between buildings that
have prohibited through traffic pursuant to a Revocable License Agreement with the City
since 1997. The right-of-way is between Assessor's Parcel Numbers 181324-31452 on
the east side and 181324-31416 on the west side.
IV. Application. The main aspects of this application/petition for vacation of street
right-of-way areas follows:
(1) This street right-of-way vacation application/petition was received by the City
Department of Community Development on March 28, 2024. According to the MAl
appraisal by Kidder Mathews Valuation Advisory Services dated July 24, 2024, the
current street right-of-way area is 18.5 feet wide and 399.81 feet long (7,396 square feet)
which has a fair market value of$70,000.00 or approximately $9.47 per square foot. The
western 21.5 feet of the right-of-way width was already vacated in 1984 by Ordinance
No. 2820.
(2) This request is submitted to remove a 13-inch encroachment onto the public
right-of-way by a building that has been approved for use as a YWCA domestic violence
shelter.
(3) This application/petition is being processed under the provisions of YMC
Chapter 14.21 relative to right-of-way vacations. Those provisions require that the
Hearing Examiner make a recommendation to the City Council that must 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 open record public hearing were provided in the following
ways:
Hogback Healthcare Partners, LLC 4
And Yakima Mobic, LLC by YWCA
CEO Cheri Kilty: Vacate South 10''
Avenue from West Chestnut Avenue RECEIVED
To West Walnut Street: RWV#002-24
AUG 2 2 2024
GOY OF Y Mims
PLANNING ON.
Posting of notice on the right-of-way: June 21, 2024
Mailing of notice to the adjoining property owners: June 25, 2024
Publishing of notice in the Yakima Herald-Republic: June 25, 2024
Posting of notice in three public places: July 2, 2024
A Notice of Continuance of the Hearing to August 8, 2024, at 9:00 a.m. to also he
conducted in the City Council Chambers was posted at the door of the hearing room
promptly after the hearing was continued on the record. No written comments from
members of the public were submitted either before or during the open record public
hearing for this matter.
VI. Environmental Review, Street right-of-way vacations are categorically exempt
from State Environmental Policy Act (SEPA) environmental review per YMC Chapter
6.88 and WAC 197-11-800(2)(i).
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 April 23, 2024, a DST
meeting was held to discuss the possible impacts of this requested vacation of right-of-
way. The following DST comments relative to the South 10'h Avenue street right-of-way
were received:
(I) Surface Water: There are two catch basins and some storm pipe at the south
driveway entrance onto Walnut Street. They take runoff from Walnut and realty have
almost no function for the parking lot. Technically they may be in the area that would be
Hogback Healthcare Partners, LLC S
And Yakima Mobic,LLC by YWCA
CEO Cheri Kilty: Vacate South 10'
Avenue from West Chestnut Avenue RECEIVED
To West Walnut Street:RWV#002-24
AUG 2 2 2024
MY 01- YANNIA
PLANNING DIV.
vacated. If they are in the area, the applicants should give the City a drainage easement so
that we can continue to maintain the catch basins and pipe.
(2) Wastewater: There is an existing City sewer mainline in the proposed right-
ofway vacation area. An easement for the sewer must be recorded per YMC Title 12
requirements. Given the age and material type of the existing waterline, applicants
should consider replacement of the existing waterline to avoid future damage to planned
improvements within the area of the requested vacation due to possible waterline breaks.
IX. Zonini and Land Use. The portion of South 10' Avenue proposed for vacation
constitutes public street right-of-way. Surrounding properties have the following zoning
and land use characteristics:
Direction Zoning Land Use
North none Public Right-of-Way
South none Public Right-of-Way
East Professional Business (B-I) Future Congregate Living Facility
(Domestic Violence Shelter)
West Professional Business (B-1) Offices and Clinics
X. 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 South 10t Avenue street right-of-way between West Chestnut Avenue and West
Walnut Street are as follows:
(1) City Council Resolution: The Yakima City Council by Resolution No. R-
2024-110 referred this street right-of-way vacation Petition No. 24-04 to the Hearing
Examiner to hold a public hearing on July 25, 2024, at 9:00 a.m. and to make a recom-
mendation to the City Council regarding the petition. The petition was signed by the
owner of Hogback l lealthcare Partners, LLC which owns all of the adjacent property on
lloghack Healthcare Partners, LLC 6
And Yakima Mobic,LLC by YWCA
CEO Cheri Kitty. Vacate South le
Avenue from West Chestnut Avenue RECEIVED
To West Walnut Street: RWV#002-24
AUG 2 2 2024
iil Y lfr Y rirltvls
PLANNING DIV.
the east side of the area proposed for vacation and has since been signed by the same
owner of Yakima Mobic, LLC which owns all of the adjacent property on the west side
of the area proposed for vacation. The petition has therefore been signed by more than
two-thirds of the contiguous private property required to petition for vacation of street
right-of-way. 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
I tearing Examiner shall make a recommendation regarding such petitions to the Yakima
City Council.
(3) Urban Area 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 on both sides
of the area proposed for vacation is zoned Professional Business (B-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 Community Mixed-Use.
(5) Revised Code of Washington (RC W) 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 property abutting each side of the vacated area, one-half to the
owners on each side of the vacated area (RCW 35.79.040). Here all of the east half of the
area proposed for vacation would belong to Ilogback Healthcare Partners, LLC and all of
the west half of the area proposed for vacation would belong to Yakima Mobic, LLC.
(6) Public Use of The Right-of-Way: The portion of the right-of-way proposed to
be vacated is currently improved and maintained by the adjacent landowners through a
Hogback Healthcare Partners,LLC 7
And Yakima Mobic, LLC by YWCA
CEO Cheri Kilty: Vacate South I V' RECEIVED
Avenue from West Chestnut Avenue
To West Walnut Street: 14WV0002-24
AUG 2 2 2024
'411 T tit- YAKIMA
PLANNING DIV,
revocable license agreement that was executed by the current owners' predecessor-in-
interest in 1997.
(7) Criteria #1 for Vacation of Right-of-Way (YMC &14.21.050(A)(11): 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 to cure an
encroachment onto the right-of-way by the former St. Elizabeth's School of Nursing
building built in 1920 which more recently was used as part of the Astria Regional
Medical Center and which will be used as a YWCA domestic violence shelter that was
approved by the Hearing Examiner in 2023 under City file number CL3#007-23. The
limitations of the proposed right-of-way vacation would be the 7,396 square feet of the
street right-of-way for South 10th Avenue between West Chestnut Avenue and West
Walnut Street which measures 18.5 feet wide by 399.81 feet long and which is the
portion of the right-of-way that remains following the 1984 street vacation of 21.5 feet of
its width.
(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
would not deny any property access to a public street. Vacation of the right-of-way would
maintain vehicular access to one or more public streets for all adjacent properties and all
current and all potential future users of the right-of-way area.
(9) Criteria #3 for Vacation of Right-of-Way (YMC 04.21.050001): 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 Clot plans and
policies? The City's current Six-Year Transportation Improvement Plan (rip) does not
include any planned improvements to the 10th Avenue street 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, this
portion of Local Access street right-of-way generally only experiences local traffic to the
adjacent medical office building which essentially uses South 10th Avenue as a
driveway. In 1997, the Yakima City Council approved a revocable license agreement
with the Sisters of Providence in Washington dlb/a Yakima Medical Center by means of
R-97-41, which was an alternative to a previously proposed right-of-way vacation. The
agreement allowed the hospital to occupy South 10th Avenue in order to connect two
hospital buildings on opposite sides of the street with a pedestrian walkway. This was
Hogback Healthcare Partners, LLC 8
And Yakima Mobic, LLC by YWCA
CEO Cheri Kilty: Vacate South 10th
Avenue from West Chestnut Avenue RECEIVED
To West Walnut Street: RWV#002-24
AUG 2 2 2024
`.1 Ut- YAKiiviA
PLANNING DIV
done in lieu of a right-of-way vacation in case there was a need in the future for the right-
of-way to be reopened as a public street. The agreement stated that the license could not
be revoked prior to April 1, 2022, and is presumably still in effect.
(10) Criteria #4 for Vacation of Right-of-Way (YMC §I4.21.050(A)(4)): Is the
vacation request apprgpriate with existing and anticipated development in the area. based
on zoning, current use and long range plans? There is no anticipated future development
that would he adversely affected by the City Council's approval of this requested right-
of-way vacation. To the contrary, the requested right-of-way vacation would facilitate the
development of an approved YWCA domestic violence shelter in a building that
encroaches on the right-of-way so as to allow the building to be located entirely on
private property.
(II)Criteria #5 for Vacation of Right-of-Way (YMC §14.21.050(A)(5)): Are there
any public or franchised utilities in the right-of-way to be vacated and if so, will they be
relocated? Easements for the City's sewer line, water line, stormwater catch basins,
stormwater pipes and any other utility located within the vacated area must be
prepared and recorded by the applicants/petitioners as required by the City, and the
City's ability to access them shall be maintained at all times.
(12) Criteria #6 for Vacation of Right-of-Way (YMC §14.21,070(AX4)): Whether
compensation should he required in return for vacation of the right-of-way? YMC
§14.21.070(AX4) provides: "The applicant shall compensate the city in an amount which
does not exceed one-half the appraised value of the area so vacated. If a public right-of-
way has been part of a dedicated public right-of-way for twenty-five years or more, or if
the subject property or portions thereof were acquired at public expense, the city may
require the owners of the property abutting the public right-of-way to compensate the city
in an amount that does not exceed the full appraised value of the area vacated." I lere the
South 10th Avenue right-of-way was dedicated as part of the Capitol Addition to North
Yakima recorded on May 29, 1889, and subsequently as part of Yordy's Supplemental
Addition to Capitol Addition, recorded on May 28, 1909. Since this right-of-way has
been part of a dedicated public right-of-way for more than 25 years, compensation to the
City may be required in the full appraised value of$70,000.00 per the MAI appraisal of
Steven Castecle who is a Vice President and Shareholder of Kidder Mathews. YWCA
CEO Cheri Kilty testified at the continued hearing that YWCA will probably ask the City
Hogback Healthcare Partners, LLC 9
And Yakima Mobic, LLC by YWCA
CEO Cheri Kilty: Vacate South le RECEIVED
Avenue from West Chestnut Avenue
To West Walnut Street RW V10002-24
AUG 2 2 /024
fps iINNYI DIV.
Council to require a lesser amount to be paid. Although the City Council could approve a
lesser amount, it should be mindful of the precedent that might set and that the appraised
amount would be more than twice that amount absent the previous 1984 vacation of 21.5
feet of the width of that right-of-way. Regardless of the amount required, RCW
35.79.030 requires that one-half of the revenue received as compensation for the area
vacated must be dedicated to the acquisition, improvement, development, and related
maintenance of public open space or transportation capital projects within the city.
CONCLUSIONS
Based upon the findings set forth above, the Hearing Examiner reaches the
following conclusions regarding the requested vacation of street right-of-way:
(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 an owner of the petitioners/applicants/property owners
who arc Hogback Healthcare Partners, LLC as to all of the property on the east side of
the area proposed for vacation and Yakima Mobic, LLC as to all of the property on the
west side of the area proposed for vacation has signed the petition for vacation.
(2) Neither SEPA review nor a traffic study was required for this proposal.
(3) The area of the right-of-way proposed for vacation is the portion of South 10th
Avenue right-of-way between West Chestnut Avenue and West Walnut Street.
(4) Approval of the requested right-of-way vacation would not cause any
properties to be denied sole access to the public street system.
(5) The petition for vacation of this public right-of way does not conflict with any
planned street improvement projects or other plans or projects of the City of Yakima.
(6) Approval of the requested right-of-way vacation would benefit the City and its
residents by eliminating any future maintenance responsibilities for public right-of-way
which is no longer used or needed for street purposes, by curing a building's
encroachment onto that public right-of-way in order to facilitate the conversion of the
Hogback Healthcare Partners, LLC I
And Yakima Mobic,LLC by YWCA
CEO Cheri Kitty: Vacate South 1014 RECEIVEDAvenue from West Chestnut Avenue
To West Walnut Street: RWV#002-24
AUG 2 2 2124
CITY Oa- Y?IA,tM,j
PLUMING Divl.
encroaching building into a YWCA domestic violence shelter and by increasing the area
that families who occupy the building will be able to use.
(7) All necessary requirements for the vacation of street right-of-way prescribed
by RCW Chapter 35.79 and YMC Chapter 14.21 are satisfied.
(8) There was no opposition to the proposed vacation of street right-of-way.
(9) YMC §14.21.070(A)(4) provides that compensation to the City may be
required for the vacation of this street right-of-way area in the full amount of the
appraised value of$70,000.00 which is the amount of compensation for vacation of this
street right-of-way that is recommended by the Planning Division and the Hearing
Examiner.
(10) If this requested vacation of right-of-way is approved, the vacated right-of-
way will have the same Community Mixed-Use Comprehensive Plan designation as the
contiguous private property and will have the same Professional Business (B-1) zoning
classification as the contiguous private property.
R EC 0 MENDATION
The Hearing Examiner recommends to the Yakima City Council that this
application/petition for vacation of the portion of South 10th Avenue right-of-way
between West Chestnut Avenue and West Walnut Street be APPROVED subject to the
following conditions:
(1) The east half of the vacated area shall belong to the abutting property owner
Hogback Healthcare Partners, LLC and the west half of the vacated area shall belong to
the abutting property owner Yakima Mobic, LLC
(2) The area within the vacated right-of-way shall be included within the
Community Mixed-Use Comprehensive Plan designation and within the Professional
Business (B-1)zoning district;
Hogback Healthcare Partners, LLC 11
And Yakima Mobic,LLC by YWCA
CEO Cheri Kilty: Vacate South 10'1' �ECEn/E�
Avenue from West Chestnut Avenue
To West Walnut Street: RWV#002-24
AUG 22M24
01 V IJh f AKur„
PLANNING DV
(3) The petitioners/applicants/property owners shall prepare and record with the
County Auditor any easements that may be required by the City for the maintenance,
repair and replacement of the City's sewer line, water line, stormwater catch basins,
stormwater pipes and any other utilities located within the vacated area, and shall
maintain the City's ability to access any public utility easements at all times free of any
structures, trees or permanent ground features that obstruct access to the existing
facilities; and
(4) An ordinance enacted by the Yakima City Council to vacate this portion of
street right-of-way shall not become effective until the City has received the full
appraised value of$70,000.00 as compensation for said street vacation.
DATED this 22" day of August, 2024.
Gary M. C'ui M.
Hearing Examiner
Hogback Healthcare Partners,LLC 12
And Yakima Mobic, LLC by YWCA
CEO Cheri Kitty: Vacate South l0'1' REDENVED
Avenue from West Chestnut Avenue
To West Walnut Street: RWV#002-24 AUG 2 2 2024
0I I Y lt- Y/all Ii'l,'
PLANNING DIV
`y � ljlt
r
s .
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 8.A.
For Meeting of: October 15, 2024
ITEM TITLE: Public hearing and Ordinance to consider the Hearing Examiner's
recommendation regarding a right-of-way petition for YWCA to vacate
S. 10th Avenue between W. Chestnut Avenue and W. Walnut Street
SUBMITTED BY:
Trevor Martin, AICP, Planning Manager
SUMMARY EXPLANATION:
On March 28, 2024, YWCA submitted a petition (Petition 24-04, RWV#002-24) to vacate S. 10th Ave.
between W. Chestnut Ave. and W. Walnut St. This request aims to correct a deficiency in which a small
portion of the St. Elizabeth's building is currently located within the S. 10th Ave. right-of-way.
On July 25, 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 August 8, 2024. On August
22, 2024, the Hearing Examiner issued a recommendation stating that the right-of-way be vacated
subject to conditions, which includes a recommended fair market value payment of$70,000 to the City of
Yakima, pending City Council approval.
The complete hearing record was distributed to City Council in the agenda packet on October 1, 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 pass Ordinance adopting the Hearing Examiner's
recommendation.
ATTACHMENTS:
Ordinance
242