HomeMy WebLinkAbout10/04/2016 08 Right-of-Way Vacation, Vicinity of S. 51st Avenue & Walnut Street xs .1
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
Item No. 8.
For Meeting of: October 4, 2016
ITEM TITLE: 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:
The petitioner, Douglas Field, is requesting the City of Yakima to initiate the subject right -of -way
vacation, in the vicinity of Walnut Street and S. 51st Ave., in lieu of the standard petition method of
acquiring 66% of surrounding neighbor's signatures. If this right of way vacation application
proceeds, the Yakima City Council will set a date for the Hearing Examiner to conduct the public
hearing at a future meeting. The set date is generally on a consent agenda and is for public notice
purposes only.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Neighborhood and Community Building
if
APPROVED FOR
SUBMITTAL: City Manager
STAFF RECOMMENDATION:
Conduct public hearing and provide staff direction on future course of action.
BOARD /COMMITTEE RECOMMENDATION:
Council Economic Development Committee requested this application be forwarded to the full
Council for consideration.
ATTACHMENTS:
Description Upload Date Type
Memo - 1. gas Field RWV 9/23/2016 or Memo
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: Honorable Mayor and City Council
FROM: Trevor Martin, Associate Planner
Joan Davenport, Community Development Director
SUBJECT: Request for City initiated Right -of -Way Vacation in the vicinity of 51st Ave. &
Walnut St.
Date: October 4, 2016
Summary of Request:
The petitioner, Douglas Field, is requesting the City of Yakima City Council to initiate the subject
right -of -way vacation in lieu of the standard petition method of acquiring 66% of surrounding
neighbor's signatures.
Background:
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.)
The City of Yakima's records indicate that the subject right -of -way was originally dedicated to
the County of Yakima by Arleta Plat on November 1, 1950.This area was annexed by the City of
Yakima on January 10, 1971.
The subject portion of Walnut Street consists of an undeveloped street. No curb, gutter,
sidewalks, or asphalt are present. However, City of Yakima sewer and Nob Hill water currently
use this portion of right -of -way for existing utilities.
Fair Market Appraisal and Compensation to the City:
City Resolution #R- 2013 -089 specifies the requirements under which compensation must be
paid to the City for vacation of public streets and alleys. Compensation will be required per
section 1(B) of the resolution mentioned above mentioned. This resolution states "For any public
street, alley or portion thereof within the City of Yakima valued at $20,000 or less, as
determined by considering 110% of the Yakima County Assessor's valuation of said public
street, alley or any portion thereof within the City of Yakima in the full amount permitted by RCW
35.79.030 of the property value. Determined by applying 110% of the Yakima County
Assessor's valuation of the public street, alley or any portion thereof within the City of Yakima...
Yakima
2015
1994
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
owner's 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 City Council Public Hearing:
This application is being directed to the Yakima City Council as the applicant has requested the
City Council initiate the vacation, in lieu of the traditional petition method, 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) and lacks
the required 66% support from adjoining property owners.
Both options listed in the process above are viable means to initiate a right -of -way vacation.
However, Option 2 is commonly exercised in instances where the City establishes a public
purpose for vacating a 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:
City Council is requested to initiate Right -of -Way Vacation and forwarded onto the Hearing
Examiner for consideration without neighboring property owner's signatures. City Council would
need to cite findings for this action. Alternatively, should the Council not initiate this request, the
applicant may still submit a standard petition which requires 66% from adjoining property
owners.
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Distributed at the
4, .. Meeting /(). y i&#e
GORTON & SONS, INC. - FRUIT & COLD STORAGE
October 3, 2016
Trevor Martin and Yakima City Council
129 North Second Street
Yakima, Washington 98901
RE: Vacating Portion of Walnut Street & 51 Avenue "Field ROW vacation"
To whom it may concern.
Borton and Sons owns and operates a Fruit Packing and Storage facility at 5200 West Chestnut,
North of where the Field ROW vacation is being considered. Borton & Sons also owns and
operates a storage facility at 405 S. 51 Avenue, just south of the Field ROW vacation. Borton &
Sons is currently not using this right of way but would like to retain the option to utilize the
right of way in the near future for warehouse personnel and equipment going between the two
locations. The public right of way would make this possible. Some benefits are, less traffic
between the 5200 West Chesthut location and the 405 S. 51 Avenue facility having to go
around to enter storage facility from Tieton Drive. It could also potentially be used for
additional packing facility parking keeping more cars from parking on West Chestnut Ave. it is
for these reasons that Borton and Sons opposes the vacation of this right of way.
Thank you for your consideration,
7;61-
John Borton
CEO and Owner A„ .. t
140 t, f Nt)ljt
0. , 0,444 .s.erp
200 DORTON ROAD • YAKIMA, WA 08003 • PHONE 809.966.3908 • RAM 600. 074 • SALES FAX 809.988.8131
Distributed at the
Meeting /n. -f X
BORTON FRUIT
BORTON & SONS, INC. - FRUIT & COLD STORAGE
October 3, 2016
Trevor Martin and Yakima City Council
129 North Second Street
Yakima, Washington 98901
RE Vacating Portion of Walnut Street & 51 Avenue "Field ROW vacation"
To whom it may concern
Borton and Sons owns and operates a Fruit Packing and Storage facility at 5200 West Chestnut,
North of where the Field ROW vacation is being considered Borton & Sons also owns and
operates a storage facility at 405 S 51 Avenue, just south of the Field ROW vacation Borton &
Sons is currently not using this right of way but would like to retain the option to utilize the
right of way in the near future for warehouse personnel and equipment going between the two
locations The public right of way would make this possible Some benefits are, less traffic
between the 5200 West Chestnut location and the 405 S 51 Avenue facility having to go
around to enter storage facility from Tieton Drive It could also potentially be used for
additional packing facility parking keeping more cars from parking on West Chestnut Ave It is
for these reasons that Burton and Sons opposes the vacation of this right of way
Thank you for your consideration,
/
RECEIVED
�..._
John Borton OCT 0 3 2016
CEO and Owner CITY OF YAKIMA
PLANK i3 DIV
2550 BORTON ROAD e YAKIMA, WA 98903 0 PHONE 509 - 966 -3905 0 FAX 509 - 966 -3994 0 SALES FAX 509 - 966 -5131