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Home My WebLink About09/06/2016 06B Right-of-Way Vacation, Vicinity of S. 51st Avenue & Walnut Street - Set Hearing Date cr IC t€ xs 1 s. n. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT Item No. 6.B. For Meeting of: September 6, 2016 ITEM TITLE: Set October 4, 2016 as the date to hold an open record public hearing to discuss initiating a right -of -way vacation in the vicinity of S. 51st Ave. & Walnut St. SUBMITTED BY: Joan Davenport, AICP, Community Development Director Trevor Martin, Associate Planner (509) 575 -6162 SUMMARY EXPLANATION: On June 28, 2016, Douglas and Anne Field submitted a Right -of -Way Vacation petition to vacate a portion of City right -of -way in the vicinity of Walnut Street and S. 51 Ave. The applicant has elected to pursue this application requesting that the City Council initiate the right -of -way vacation process. ITEM BUDGETED: STRATEGIC PRIORITY: Neighborhood and Community Building l if APPROVED FOR SUBMITTAL: i C Manager STAFF RECOMMENDATION: Set date of October 4, 2016 for City Council public hearing. BOARD /COMMITTEE RECOMMENDATION: Council Economic Development Committee requested this application be forwarded to the full Council for consideration. ATTACHMENTS: Description Upload Date Type Origional memo sent to the Economic De■elopment D 8/26/2016 Co\er Memo Committee D Vicinity map of proposed Right-of-Way vacation 8/26/2016 Backup Material S DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Division jidi 1 117' Joan Davenport, AICP, Director pl eir °nirA 129 North Second Street, 2 Floor, Yakima, WA 98901 ask.planning @yakimawa.gov • www.yakimawa.gov /services /planning MEMORANDUM TO: Economic Development Committee FROM: Planning Division Staff SUBJECT: Request for City initiated Right -of -Way Vacation in the vicinity of 51st Ave. & Walnut St. Date: August 25, 2016 On June 28, 2016, Douglas and Anne Field submitted a Right -of -Way Vacation petition to vacate a portion of City right -of -way in the vicinity of Walnut Street and S. 51s Ave. The purpose of a Right -of -Way vacation is to remove underutilized land from the inventory of the City (public property). Upon final City Council approval of a Right -of -Way Vacation application, public right - of -way property then reverts to the adjacent neighboring properties (depending on how the property was originally dedicated.) Process: Per RCW 35.79.010 - The owners of an interest in any real estate abutting upon any street or alley who may desire to vacate the street or alley, or any part thereof, may petition the legislative authority to make vacation, giving a description of the property to be vacated, or the legislative authority may itself initiate by resolution such vacation procedure. The two vacation procedures are as follows: • Option 1 — A petition may be submitted to the City containing 66% of the neighboring properties signatures requesting the vacation. The petition then continues onto the City Council to set a date for an open record public hearing in front of the Hearing Examiner. After the open record public hearing, the Hearing Examiner produces a recommendation, and staff forwards the recommendation onto the City Council for a final decision, or • Option 2 — The City Council may initiate a right -of -way vacation, without property owners signatures on a petition. The Council then sets a date to conduct, or have the Hearing Examiner conduct, an open record public hearing. Reason for Committee Review: This application is being directed to the Economic Development Committee as the applicant has requested the City Council initiate the vacation using the procedures described in Option 2 above. According to the submitted site plan, the current petition contains 46% of the abutting neighbor's signatures (which is only the signatures of the Fields). Both options listed in the process above are viable means to initiate a right -of -way vacation. However, Option 2 is commonly exercised in the instances where the City feels vacating a Yakima 2015 1994 portion of right -of -way is a necessary in order to establish a new capital project and not typically used in smaller, private party, circumstances. In examining previous right -of -way vacation applications since 2010, the City Planning Division found that the City Council has initiated only one private party right -of -way vacation (Sun Valley Plaza). In that particular situation, the scale of the submitted site plan was inaccurate, and it was eventually determined that the applicant had 63% of abutting neighbor's signatures. In lieu of obtaining the 66% of neighboring signatures, Council initiated the vacation and the Hearing Examiner conducted an open record public hearing. Applicant's Request: The applicant has elected to pursue this vacation application requesting that the City Council initiate the right -of -way vacation. This request would advance the proposed vacation without obtaining the statute specified 66% of neighboring property owner's signatures. Action Needed: The Economic Development Committee is tasked with recommending to the full Council whether or not the City should initiate the petition to vacate the right -of -way without neighboring property owner's signatures. 2 r7 A )l'\ - I N Ir1 1 ^-I —' f-1 A r\r� - 7 I 1 — \ \ \ . . _ _ . . , 1 . 7 . _ L L_ I V U. I `s I■.... iz____ I t `r '1/4. LJ a S 89'57'55" E + 9 f F ' .5 8 W C.4 E° 'fit I, 7 1 6.60 I a. S 89'57'55" E I 50' I [SOT' 30 DOUGLAS NER: I N SITE ADDRESS: 410 S. 51ST AVENUE YAKIMA, WA. 98908 FORMER YVT RAILWAY PROPERTY IS ZONED "M -1" ! RIGHT OF WAY I LOT 2° I 1 OVERHEAD PP &L rri 1 POWER LINES M ( S) En w Ci I 'v, w co L o I N fr> w . I ° 4 1 o .4- I N 'Y v — Et) No, Itit 181321 44542 1 50' I C) I Q e __J 1 I LIJ I I \::.. ) 11 I ) i! 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