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HomeMy WebLinkAbout10/04/2016 08 Right-of-Way Vacation, Vicinity of S. 51st Avenue & Walnut Street xs .1 s. n. 74.1t: N'el 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. 2 r) A rj ) /-'\ r - I N I r1 1 ^ -I ---.2 r1 r 7 1 1 I\ ‘✓ L_ L_ I N U. I `s I i I t `r '1/4. LJ a S 89'57'55" E + 9 f F ' . 0,0 E° 'fit I, 7 1 6.60 I a. S 89'57'55" E I 50' I C� 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) I En w Ci I 'v, w co o I N fr' w i ° 4 1 o .4- I N v — Et) No, li% 1 1321— 44542 ( 9 v - I 4 1, 50' I C) I Q G 7 1 0 L7 e __J 1 I LIJ ! 0 ct 1\:-. ) 1 01 Ei_ i ! r, I V coo L!— I tNi 148.04' t5‘. .2.°' \ l': in I S 88'55'40" I \ aii I \ 40 I \ ''' 1,8" 27(i) \ U) I 1 \ t i a 1' , , , \\I m 8'', i a_ est ta tti 1 I E I co' a tost 0 I I I I J N P L 3 c ° : x SUR -PLA 0 t NORTH 20th AVE ME, SLATE 3 40 0 40 FEET Y A, WAS T 2 ,, �� �� (509) 575 -6990 SCALE: 1" = 40' 111111111111 SHE MAP FOR OF WAY VAC.. N DRAIM4 BY: RICK ® PARCEL No. 181321 -44542 5 /1a /tots' — PREPARED FOR O. 16114 v DOUGLAS _ FIELD s►i�r " 0 SE 1/4, SE 1/4, SEC. 21, T -13 N, R -18 E,WM 1 OF 1 a 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