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Home My WebLink AboutR-2004-149 Set Hearing Date - Vacation of Portion of Quince StreetRESOLUTION NO. R-2004 -149 A RESOLUTION fixing time for a public hearing before the Hearing Examiner on October 14, 2004, on a petition to vacate a portion of Quince Street lying westerly of N 5th Avenue and easterly of N 6th Avenue. WHEREAS, pursuant to RCW 35.79.010, a petition has been filed with the City Clerk, requesting the vacation of a street or alleyway (or portion thereof) within the City of Yakima, a true copy of which petition is attached and incorporated into this resolution; and WHEREAS, such a petition has been signed by the owners of more than two-thirds (2/3) of the property abutting upon the street or alley (or portion thereof) which is requested to be vacated, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The above -referenced petition for vacation is hereby referred to the Hearing Examiner for public hearing pursuant to section 1.43.080 of the City of Yakima Municipal Code. The Hearing Examiner is directed to make written recommendation to the City Council regarding said petition. The Hearing Examiner Public Hearing shall be held on October 14, 2004 at 9:00 a.m. in the City Council Chambers of City Hall, which date and time are not more than sixty (60) days nor less than twenty (20) days after the passage of this resolution. It is further resolved that the City Clerk give notice of the Hearing Examiner in the form and manner prescribed by RCW 35.79.020 and Section 1.43.080 of the City of Yakima Municipal Code. ADOPTED BY THE CITY COUNCIL this 21st day of September 20 7nn_ Mayor ATTEST: City Clerk Ph 1'rI ION NO. — D gS CITY OF YAKIMA, WASHINGTON Ph'ITHON TO VACATE STREET OR ALLEY FikeEiviFt AUG 2 7 2004 ! Lidr 1U(,' '7/AN/Am. To the City Council of the City of Yakima, Washington. Comes now the undersigned petitioners and, pursuant to RCW Chapter 35.79, now respectfully show: The undersigned petitioners request that the following described street, alley or portion thereof, located in the City of Yakima, be vacated pursuant to RCW 35.79. (provide legal description below, or attach to petition, if lengthy). attached narrative. Each of the undersigned petitioners is the owner of an interest in real estate abutting on the above-described area. The undersigned petitioners constitute owners of more than two-thirds of said abutting property. Wherefore, petitioners pray that proceedings be had hereon for the vacation of said area in the manner prescribed by RCW Chapter 35.79. Respectfully submitted, Address of Property Date 506 Fruitvale Blvd. & 809 N. 6th Avenue sane 4.7 20,1Y DOC, INDEX . Applicant's Narrative Regarding Vacation of Westerly Portion of West Quince Street August 11, 2004 Applicant ileceivso AUG 2 7 2004 C/Ty of Mr. and Mrs. Frank Stewart, the applicants, own Stewart Subaru of Yakima, the pLANIV/i J,M4 Li v. Subaru dealership which is in the process of constructing a new and improved showroom and other facilities at the corner of Fruitvale Boulevard and North 5th Avenue. The other business owners impacted by the vacation of West Quince Street are Mr. and Mrs. Elton Young, the owners of Elton Young's Family Restaurant, who have supported this application by separate letter. General Plan The portion of the street at issue abuts the new traffic circle constructed by the City of Yakima to improve the intersection of 5th Avenue and Fruitvale Boulevard. In fact, informal discussions between the applicant and city officials in connection with the planning, design and construction of the traffic circle included the potential for restricting traffic along West Quince Street. Stewart Subaru currently conducts operations on both sides of West Quince Street: Its "main showroom" is located north of the street, while its service area is on the south side of Quince, along with its accounting and other back house operations. Thus, many people, including employees and customers, have historically crossed West Quince Street, jaywalking actually, as their needs dictated. The portion of West Quince Street at issue is now little used, except for traffic in and out of the Subaru dealership or dining customers at Elton Young's. The road is narrow and has little connection with any residential use. Stewart Subaru recently purchased the old "Shady Corners Tavern" property (to the west of its existing showroom) and has demolished the building as part of its plan to expand operations. As part of its capital improvement plan, Stewart Subaru is building a new showroom along the property line of the old Shady Corners Tavern property and the property line of its existing land. Elton Young' customers access parking on the north side of the restaurant which is generally sufficient for its operations. Access to that parking lot is obtained by southerly traffic on North 5th Avenue entering the lot, or traffic heading east along West Quince Street from North 6th Avenue. As part of the discussions between Mr. Stewart and Mr. Young, they have agreed that if the permanent road vacation of West Quince Street is approved, they will enter into a mutually agreeable cross -easement by which they will not interfere with the other's use (or their respective employees' and customers' use) of the existing roadway for ingress and egress to their businesses. DOC. INDEX #-.3 Benefits AUG2 72004 Fruitvale Boulevard previously, and does now after completion of the City's new traffic circle, ends at North 5th Avenue. Thus, eastbound drivers on Fruitvale are forced to proceed either north (generally to I Street) or south (toward Lincoln) on North 5th. The portion of Quince Street at issue is only about 4/10ths of a block south of the Fruitvale/North 5th intersection. Thus, traffic can appear on North 5th quickly, when a vehicle is attempting to navigate to or from Quince Street. Turning left from West Quince to 5th Avenue is now impossible, and was previously marked as illegal. Restricting traffic along this portion of West Quince Street to customers of the Subaru dealership or Elton Young's Family Restaurant will have no adverse effect on existing traffic patterns. Denial of Sole Access. The applicant has obtained the written concurrence and support of the owners of the Elton Young property to the request made here, and the applicant has agreed to provide Mr. and Mrs. Young, and their employees, guests and invitees, and the successors thereto, with an easement across such portions of the land to be vacated as is necessary or convenient for the operation of the restaurant on their property. Consistency With City Transportation and Development Plans. Applicant understands that the Yakima Planning Department and the Public Works Department concurs that the vacation of the street is consistent with the new traffic circle at Fruitvale and North 5th and the City's six-year transportation improvement plan, its zoning and business development plans, and similar plans and policies. Utilities. The applicant has agreed to bear the cost of relocation of all public and private utility services presently utilizing any portion of West Quince Street which is the subject of this request. DOC, INDEX BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 4 / For Meeting Of: Sept. 21, 2004 ITEM TITLE: Public Hearing Set Date - Right -Of -Way Vacation Petition No 04-08 SUBMITTED BY: William R. Cook, Director of Community Economic Development CONTACT PERSON / TELEPHONE: Bruce Benson, Supervising Planner, 575-6042 SUMMARY EXPLANATION: Stewart Subaru has submitted a petition requesting the vacation of that portion of Quince Street Tying westerly of N 5th Avenue and easterly of N 6th Avenue. You are being asked to set the date for this open record public hearing before the Hearing Examiner for October 14, 2004. Resolution X Ordinance_ Contract Other (Specify) Map Funding Source APPROVAL FOR SUBMITTAL: jg.''_4 City Manager STAFF RECOMMENDATION: Adopt resolution setting the date of public hearing for October 14, 2004. COUNCIL ACTION: Resolution adopted. RESOLUTION R-2004-149