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HomeMy WebLinkAboutR-2005-038 Vaughn Bay Construction right-of-way vacation set dateRESOLUTION NO. R-2005- 38 A RESOLUTION fixing February 24, 2005 as the date for a public hearing before the Hearing Examiner. This hearing concerns a petition to vacate a portion of a public right- of-way created by the Plat of College Addition to North Yakima W.T. now Yakima, Washington, recorded in Volume "A" of Plats, Page 22, records of Yakima County, Washington. WHEREAS, pursuant to RCW 58.17.212, a petition has been filed with the City Clerk, requesting the partial vacation of a public right-of-way located 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 public right-of-way (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 February 24, 2005 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 58.17.080, RCW 58.17.090 and Section 1.43.080 of the City of Yakima Municipal Code. ADOPTED BY THE CITY COUNCIL this 1st day of February 2005. Mayor AT I'EST: City Clerk PEI ITION NO. 04 -1 , CITY OF YAKIMA, WASHINGTON PEI"ITION TO VACATE STREET OR ALLEY 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). 9th STREET VACATION LEGAL DESCRIPTION That portion of North 9th Street lying north of East "D" Street and south of the North line of the Northeast Quarter of the Southeast Quarter of Section 18, Township 13 North, Range 19 East, W.M., within the Plat of COLLEGE ADDITION TO NORTH YAKIMA W.T., now Yakima, Washington, as recorded in Volume "A" of Plats, Page 22, records of Yakima County, Washington. 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, Name Address of Property As-•� }ouson , L,P 2,81,/ ekg„. Date FND. CASED MONUMENT 9th STREET VACATION LEGAL DESCRIPTION That portion of North 9th Street lying north of East 'D' Street and south of the North line of the Southwest Quarter of the Southeast Quarter of Section 18, Township 13 North, Range 19 East, W.M., within the Plat of COLLEGE ADDITION TO NORTH YAKIMA W.T., now Yakima, Washington, as recorded in Volume 'A' of Plats, Page 22, records of Yakima County, Washington. is SOUTH LINE NW1/4 SE1/4 148.47 42003 N87.55'34'W 403,00 148.4 =�* FND. 1/2' REBAR ;EL B t W/CAP # 9623 NN FND. 1/2' REBAR 0.6'WEST O o 1 VSD 2004 FND. CASED MONUMENT s'LEQUIPMENT AND PROCEDURES USED: a: 5 SEC. EDW TOTAL STATION �- b: F1E1.0 TRAVERSE o: MONS VISITED DATE OF SURVEY/ 40 49.41 FND, CASED MONUMENT GRAPHIC SCALE 10 40 'i MO ( D( BINS) 1 Raab - 48 =1. VV4 SEC 18, T. 130, R 19E., W.11 FND. 2' B.C. IN N00 CASE LCR* 2-1720 261011 187'39'26'W NE114 SEC. 18, T. 130,. R. 19E.. V.N. FNA 2 V2' B.C. IN CONC. MON LS Na 5357 LCR* 5-1283 SE1/4 SEC 18, T. 130. R. 19E., Uri FND. 3' H.C. VSDO.T. LCR* 7133697 S1/4 SEG 18, E T. 311, R. 19E., VA NOT FND. NaT SET VICINITY MAP (NTS) SE1/4 SEC. 18, T. 13N., R. 18E., W.M. (VERIFIED 6 USED FROM ROS 41-18) AUDITOR'S CERTIFICATE NW FOR RECORD }81sDAY OP EO AT AE ODER 81DITOR'3 T1L6 RWIBER RRAR[14 0T YAIaW 00W81 TABRINCTON A} }RE MOIST 0T COUNTY AODIIVR BY 217717 SURVEYOR'S CERTIFICATE] }N/3 YAP CORRECTLY' REPRESENTS A SURVEY MADE DT ME OR UNDER YY DIRECTION 111 CONFORMANCE PITH THY REQUIREMENTS OF FEZ NORM' RECORDING A6T 4' TRZ REOUEBT OF PAlUL` PAGE IN �1U11E2004- 1/4DOUCLA3 S. CRAY 1M}�_ • CORNER FOUND AS NOTED o Vpsiut war plum S:r X PAUL WITH WASHER SET Gray Surveying ng PPOKRIY DOISRaCTON 0003L1.141141 10 • 270S WM Road Marna, Wa 00D0802 • (100 175-6434 SE071OM J 1'V AUGHN BAY CONSTRUCTION 1911 66TH AYd. 11.. TACOMA. AA 99486 1 SW1 4 SEI/4 SEC. 18, T. 13N., R, 18E., W.M. BOUNDARY AND V. CATION SURVEY SCM. 1' .- 40' RMM BR J.C.N. N ammo Bo D.S.G. DOD 6/28/04 005027 Na 2411 swEr 1 OF 1 `MACH Na 191318-43633, 43488, 43489 / CITY OF YAKIMA, WASHINGTON VICINITY MAP FILE NO: R/W VAC #4-04 APPLICANT: VAUGHN BAY CONSTRUCTION REQUEST: VACATE A PORTION OF NORTH 9TH S 1'REET LOCATION: NORTH 9TH & "D" STREETS ®,i Subject Property Yakima City Limits Scale -lin = 400ft 0 200 40WW--VAC4-0411/22/04 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of: February 1, 2004 ITEM TITLE: Resolution Setting Date of Public Hearing Before the City of Yakima Hearing Examiner for February 24, 2005 to consider Right -Of -Way Vacation Petition No. 04-10 SUBMITTED BY: William R. Cook, Director of Community Economic Development CONTACT PERSON / TELEPHONE: Jeff Peters, Assistant Planner, 575-6163 SUMMARY EXPLANATION: Vaughn Bay Construction has submitted a petition for the partial right-of-way vacation of a portion of N. 9th Street located just north of the intersection of N. 9th Street and D. Street. This vacation is being requested to further facilitate the development of three surrounding lots. You are being asked to set the date for this open record public hearing before the Hearing Examiner by resolution for February 24, 2005. Resolution X Ordinance_ Contract Other (Specify) Map Funding Source APPROVAL FOR SUBMITTAL:_ City Manager STAFF RECOMMENDATION: Adopt resolution setting the date of public hearing before the Hearing Examiner for February 24, 2005. COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2005-38 VAUGHN BAY CONSTRUCTION COMPANY EXHIBIT LIST City Council Public Hearing April 19, 2005 Applicant : File Number: Site Address: Staff Contact: Vaughn Bay Construction Company R/W VAC #4-04 Vicinity of 811 East "D" Street Jeff Peters, Assistant Planner Table of Contents CHAPTER AA Hearing Examiner's Recommendation CHAPTER A Staff Report CHAPTER B Maps CHAPTER C Site Plan CHAPTER D Application CHAPTER E DST Comments CHAPTER F Comment Letters Received CHAP'I'ER G Notices VAUGHN BAY CONSTRUCTION COMPANY EXHIBIT LIST City Council Public Hearing April 19, 2005 CHAPTER AA HEARING EXAMINER'S RECOMMENDATION EXHIBIT # DOCUMENT DATE AA -1 Hearing Examiner's Recommendation 3/25/05 City of Yakima, Washington Hearing Examiner's Recommendation March 25, 2005 In the Matter of a Petition for Vacation Of Street Right -of -Way Submitted by: Vaughn Bay Construction & VBC Eastridge Housing, L.P. by Paul Page And Craig Guhlke & Joann Guhlke To Vacate a Portion of North 9th Street Right -of -Way North of East "D" Street RECEIVED MAR 2 5 2005 CITY OF YAKIMA PLANNING DIV, ) ) ) ) UAZO R/W VAC # 4-04 ) ) ) ) ) Introduction. The hearing examiner conducted an open record public hearing on February 24, 2005, and continued the hearing for additional information from Joan Davenport, the City's Supervising Traffic Engineer, and from Paul Page, one of the petitioner's representatives. The last of this information was received by the hearing examiner on March 11, 2005, and this recommendation has been issued within ten business days thereof. The staff report presented by Assistant Planner Jeff Peters recommended denial of this street vacation request. Letters and testimony were submitted in favor and in opposition to this proposed vacation. Summary of Recommendation. Unless and until the petitioners can reach agreement with the property owners abutting the right-of-way as to how this street vacation may be granted without adversely affecting future development options, the hearing examiner agrees with the Planning Division's recommendation against approving the proposed vacation of undeveloped street right-of-way at this time. Vaughn Bay Construction Vacation of Street Right -of -Way Ptn. of 9th St. at 811 E. "D" St. Right -of -Way Vacation #4-04 1 _ INDEX # pc.L Basis for Recommendation. Based upon a view of the site without anyone else present on February 22, 2005; the staff report, exhibits, testimony and evidence presented at an open record public hearing on February 24, 2005, as supplemented by evidence received up to March 11, 2005; and a review of the Yakima Urban Area Comprehensive Plan, the Yakima Urban Area Zoning Ordinance, Chapter 35.79 of the Revised Code of Washington and the City of Yakima's street vacation policies; the hearing examiner makes the following: FINDINGS Petitioners. The petitioners are Vaughn Bay Construction and VBC Eastridge Housing, L.P. by Paul Page, and also Craig and Joann Guhlke. Location. The location of the proposed street vacation is 811 East "D" Street on the north side of "D" Street 50 feet east of where North 9th Street meets "D" Street from the south; parcel numbers 191318-43488, 43533 & 43489. Petition. The petitioners request the vacation of the undeveloped portion of North 9th Street lying northerly of the north right-of-way line of East "D" Street in order to provide additional land for their development of multifamily housing in this area. The petition for vacation was signed by the owners of the properties abutting the east and west sides of the street right-of-way proposed for vacation which comprise at least two-thirds of the properties abutting the right-of-way. But the petition was not signed by the owners of the property abutting the north side of the street right-of-way whose properties could potentially be served by the Vaughn Bay Construction Vacation of Street Right -of -Way Ptn. of 9th St. at 811 E. "D" St. Right -of -Way Vacation #4-04 2 INDEX # A A--- I undeveloped portion of North 9th Street in the future. Those owners are LeeLynn, Inc., Wiley Mt., Inc. and Boise Cascade who have leased the land abutting the north boundary of the 100 -foot -wide right-of-way on a long-term basis to Yakima Resources, LLC. LeeLynn, Inc., Wiley Mt., Inc. and Yakima Resources, LLC submitted letters and/or testimony against the proposed vacation, as did Gary Lukehart and several residents of the area. Notices. The Yakima City Council set February 24, 2005 as the date for the public hearing regarding this request for vacation of undeveloped street right-of- way for North 9th Street north of "D" Street by Resolution No. R-2005-38 in accordance with RCW 35.79.010. Notice of the hearing was posted on the right- of-way to be vacated, was posted in three public places and was mailed to all owners abutting the street rights-of-way to be vacated as required by RCW 35.79.020. Notice also was given in addition to the minimum legal requirements. Notice of the open record public hearing was given as follows: Mailing of notice to property owners within 500 feet Posting of notice on area to be vacated Posting of notice in three public places Publishing of notice in Yakima Herald -Republic Mailing of notice of rescheduled hearing to property owners within 500 feet January 13, 2005 January 20, 2005 January 20, 2005 January 27, 2005 January 27, 2005 Environmental Review. Street vacations are categorically exempt from SEPA review in accordance with WAC 197-11-800(2)(h) and Chapter 6.88 of the Yakima Municipal Code. Vaughn Bay Construction Vacation of Street Right -of -Way Ptn. of 9th St. at 811 E. "D" St. Right -of -Way Vacation #4-04 3 L/ y INDEX Transportation Capacity Management Ordinance. A traffic study was not required for this petition for vacation of undeveloped street right-of-way. Zoning and Land Use. The area proposed for vacation is technically not zoned. But surrounding properties on the east and west are in the Multi -Family Residential (R-3) zoning district and any vacated street right-of-way would receive that zoning designation. Adjacent properties have the following characteristics: Direction Zoning Land Use North Heavy Industrial (M-2) Boise Cascade (Lumber Mill) South Single -Family Residential (R-1) Residential development West Multi -Family Residential (R-3) Residential development East Light Industrial (M-1) Vacant Development Services Team. No comments were submitted at the Development Services Team meeting held on January 26, 2005 to discuss the possible impacts of the proposed vacation of the undeveloped portion of North 9th Street right-of-way located north of "D" Street. Criteria for the Vacation of Street Rights -of -Way. The hearing examiner finds that five of the six criteria for vacating street rights-of-way have been satisfied in favor of granting this petition, but that a serious concern was established by the weight of the evidence relative to one of the required criteria: A) Criteria That are Established. The weight of the evidence submitted relative to this petition establishes that the following five criteria in the City's policies to be considered in determining the propriety and requisites of street right- of-way vacations are in fact satisfied by this petition: Vaughn Bay Construction 4 Vacation of Street Right -of -Way Ptn. of 9th St. at 811 E. "D" St. Right -of -Way Vacation #4-04 DOC INDEX i) Public Benefit and Reasons Supporting the Proposed Vacation and the Limits of the Proposed Vacation. The proposed vacation would allow the development of a limited area of undeveloped street right-of-way in conjunction with the petitioners' multi -family residential development. The proposed in -fill of this vacant property by development of multi -family residential facilities on that area would help provide needed quality housing for low income and homeless adults and their children. ii) Necessity for the Right -of -Way as Access to Property. Approval of the request would not eliminate the sole means of access that is currently necessary for any parcel of property. iii) Consistency with the Six Year Transportation Improvement Plan, the Urban Area Comprehensive Plan and other Official City Plans and Policies. The current Transportation Improvement Plan does not indicate any planned improvements to this portion of North 9th Street. The future use of the vacated property as part of a multi -family residential development would be consistent with the Urban Area Comprehensive Plan and other official City plans and policies. The proposed use would be a Class (1) use permitted outright in the Multi -Family Residential (R-3) zoning district where the street right-of-way is located. Termination of this right-of-way would not impede or impact current traffic patterns in the area. iv) Provisions for Relocation of Existing Utilities or Easements for Existing Utilities. Relocation of existing utilities or easements for Vaughn Bay Construction Vacation of Street Right -of -Way Ptn. of 9th St. at 811 E. "D" St. Right -of -Way Vacation #4-04 5 DOC. INDEX existing utilities would not be necessary because no existing utilities are located within the area proposed for vacation v) Fair Market Appraisal and Compensation to the City. Compensation to the City would not be necessary under City Resolution D- 5630 because the City has neither purchased, maintained nor made any improvements to the portion of the right-of-way here proposed for vacation. B) Criteria That is At Issue. At issue here is the one criteria relating to "Consistency with Existing and Anticipated Development in the Area, Based on Zoning, Current Use and Long -Range Plans." There is opposition from the owners and from the long-term lessee of abutting properties due to their possible future need for the right-of-way and due to the damages that they claim will result from its loss. Although the proposed street right-of-way vacation would be consistent with the existing development in the area, there is a serious issue as to whether it would be consistent with anticipated development in the area. The following evidence supports a finding that the proposed street right-of-way vacation would not be consistent with anticipated development in the area: i) Letter from Gary Lukehart. Mr. Lukehart's letter of January 27, 2005 indicates that there have been conversations since 2003 with the purchasers of the Boise Cascade properties about future development of the southeast portion of their property; that Bill Cook and Glen Rice have discussed the possibility of using Brownfield funds for removal of solid waste on the property; that a major commercial development could be undertaken on the property abutting the undeveloped North 9th Street right - Vaughn Bay Construction Vacation of Street Right -of -Way Ptn. of 9th St. at 811 E. "D" St. Right -of -Way Vacation #4-04 6 iNDE)< of -way in conjunction with Jeld-Wen's parcels and Mr. Lukehart's properties that are available for that purpose; and that with these discussions underway it would be a mistake at this time to vacate a major access for this new commercial development currently being considered. ii) Letter from the long-term lessee, Yakima Resources, LLC, submitted by Jeff Demers. Mr. Demers' letter of February 14, 2005 indicates that Yakima Resources, LLC would like to preserve this potential major access that could allow log trucks a more direct route to the mill in the future rather than having to turn onto "D" Street from North 9th Street and then onto North 8th Street from "D" Street and that could also facilitate future expansion and development of the operations and the property. iii) Letter from the attorney for the abutting owners LeeLynne, Inc. and Wiley Mt., Inc. Mr. Larry Gildea's letter of February 23, 2005 indicates that his clients leased the property abutting the right-of-way proposed for vacation to Yakima Resources, LLC on the understanding that North 9th Street could provide future access to the leased property. The letter further indicates that vacation of the undeveloped right-of-way would restrict Yakima Resources' future access, would reduce the value of the property and would impair the ability to use the property for its highest and best use for which his clients would look to the City for just compensation. iv) Testimony submitted by Mr. Demers. Mr. Demers' testimony of February 24, 2005 indicated that the North 9th Street right-of-way could be utilized for higher and better uses in the future and that there are Vaughn Bay Construction 7 Vacation of Street Right -of --Way Ptn. of 9th St. at 811 E. "D" St. DOC' Right -of -Way Vacation 44-04 INDEX potential future uses for that right-of-way to serve the 200 acres to the north in addition to just providing access by log trucks. He expressed a desire to keen nnti nn c nnen few PYi s tin rr n.,,4 � ,i LT + + 7 that t �r-�- ��= vtuU41ng a lu f.atu U. 1 LL stated hat 11. wouldoe preferable to keep North 9th Street available as a possible access in addition to North 8th Street, particularly for the southwest portion of the property. v) Testimony of resident Premetra Williams. Ms. Williams' testimony indicated that the adult family home in her residence at the southeast corner of North 9th Street and "D" Street would be adversely affected in any event either by the proposed housing project because of increased traffic on those streets or by opening the undeveloped right-of- way to log truck traffic at sometime in the future. vi) Testimony of resident Phonsenette Lomax. Ms. Lomax' testimony indicated that from her place of residence on the southeast comer of North 9th Street and "D" Street she has seen log trucks knock signs down when turning from North 9th Street onto "D" Street, a problem that could perhaps be alleviated by a straighter route there than what cur ently exists. vii) Testimony of resident Bev Luby Bartz. Ms. Bartz' testimony indicated that the land to the north of the right-of-way can be used for a lot of uses in the future, but that if the right-of-way is vacated, it would not be available for future development, and future options would be limited. viii) Testimony of resident Lynne Kittelson. Ms. Kittelson's testimony indicated that the vacation of the undeveloped North 9th Street Vaughn Bay Construction Vacation of Street Right -of -Way Ptn. of 9th St. at 811 E. "D" St. Right -of -Way Vacation #4-04 8 000. INDEX !� n - right-of-way would allow more units to be built which would in turn make the area more crowded and cause increased traffic to the south over North 9th Street and to the west over "D" Street. ix) Testimony of resident Maud Scott. Ms. Scott's testimony indicated that Yakima Resources should have the option to use this undeveloped right-of-way as an access in the future; that the proposed project would add traffic and create a bottleneck; that the petitioner's residents would either have to pass through the residential area on North 9th Street to the south or through the intersection having limited site distance at North 8th Street and "D" Street to the west; and that denial of the proposed street vacation petition would preserve the quality of life for residents, the safety for motorists and pedestrians, and the options for future development of the property to the north of the undeveloped street right-of-way. On the other hand, the following evidence supports the view that the proposed street right-of-way vacation would be consistent with anticipated development in the area: i) Letters and testimony of Paul Page. Mr. Page's letters of February 21 and March 8, 2005 and testimony of February 24, 2005 indicated that North 9th Street should not be opened to log trucks in view of its width and residential character; that remedying the solid waste problem north of the undeveloped right-of-way could be a lengthy process; that North 9th Street is not needed for Mr. Lukehart's joint development that would utilize various properties north of North 9th Street because those Vaughn Bay Construction 9 Vacation of Street Right -of -Way Ptn. of 9th St. at 811 E. "D" St. DOC, Right -of -Way Vacation #4-04 INDEX properties have frontages on Fair Avenue, Lincoln Avenue, North 10th Street, North 8th Street, and/or "D," "E," "F" and/or "G" Streets; that the petitioners' proposed multi -family use would provide a solid buffer between the single-family residential neighborhood on the south and the industrial use on the north; that the proposed use is consistent with the City's revitalization plan and would convert vacant land into new, tax- paying housing through the use of tax credits like those used to renovate the Commercial Hotel; that the proposed use would benefit the public by using federal tax credits to build high-quality, affordable housing to serve families earning between 30% and 60% of the median family income for this area and by providing housing for up to five homeless families; that existing accesses lead to the same areas as the North 9th Strret right-of-way leads; that failure to vacate the North 9th Street right-of-way would require a 25% to 30% reduction in the proposed development which has already been reduced because a survey now shows less property than the GIS map showed W en the proper Ly was purchased; that fail re to Vacate the right- of-way would require petitioners as a condition of development to construct a full street with curbs, gutters and sidewalks, and to possibly dedicate additional right-of-way; that North 9th Street is not a good method of access to property to the north due to its misalignment and width problems; that he has complied with all the requests of the City; and that Boise Cascade has failed to comment on the proposed street vacation even though it still owns 36 acres abutting the undeveloped street right-of-way. ii) Testimony of Douglas Gray. Mr. Gray's testimony indicated that the singular lack of curb returns on the undeveloped North 9th Street Vaughn Bay Construction Vacation of Street Right -of -Way Pin. of 9th St. at 811 E. "D" St. Right -of -Way Vacation #4-04 10 iNDEX right-of-way would suggest that the City thought the right-of-way was already vacated when it installed the curbs; that notations of vacations are written on some City, County and title company maps; that the title company can locate no documentation of a vacation of any portion of the North 9th Street right-of-way involved in this petition; and that he cannot say whether access to northerly properties would be sufficient from 10th Avenue or Fair Avenue due to the need to go through adjacent properties. iii) Letter of Craig and Joann Guhlke. The February 17, 2005 letter of Mr. and Mrs. Guhlke, who own a residence at 901 East "D" Street that would become a part of the proposed multi -family development, indicates that the alignment, width and residential nature of North 9th Street make it inappropriate for log trucks and make it appropriate for affordable housing that would be a nice addition to the neighborhood. iv) Letter and testimony of Louise Worden. Ms. Worden's February 21, 2005 letter and February 24, 2005 testimony indicate that she believed the fence was the property line of the property she sold last year to one of the petitioners; that North 8th Street rather than North 9th Street is appropriate for log trucks; that the lumber mill will not remain inside the City limits much longer because of new environmental restrictions; that the petitioners' multi -family proposal would improve the neighborhood; that North 9th Street would not be a logical access for Mr. Lukehart's development which would likely be commercial rather than residential; and that Mr. Lukehart and Yakima Resources have many locations for accessing their properties other than North 9th Street. Vaughn Bay Construction Vacation of Street Right -of -Way Ptn. of 9th St. at 811 E. "D" St. Right -of -Way Vacation #4-04 11 INDEX Legal Principles Regarding the Obligations to Owners of Properties Abutting Vacated Streets. The following principles found in Washington cases help to determine what duties the City may have and what remedies a property owner may have relative to vacation of street rights-of-way that may be needed for anticipated development. Pertinent principles from pertinent cases are: i) Banchero v. City Council, 2 Wn. App. 519, 468 P.2d 724 (1970) at pages 522 and 523: "This doctrine allows compensation to those only who suffer an injury unlike that suffered by the public. There have been certain judicially created exceptions to this doctrine. One not suffering some special damage may challenge a vacation upon a proper allegation of fraud or collusion. Ponischil v. Hopquiam Sash & Door Co., 41 Wash. 303 83 P. 316 (1906); Capitol Hill Methodist Church v. Seattle, supra. Appellant here has made no allegation of fraud or collusion. Other cases support the idea that a street vacation will be stricken when it is not in the furtherance of some public use. The power of a city, in this state at least, to vacate such of its streets or parts of its streets as it chooses, is unquestioned. To illustrate, it may change a street from its use as a highway to a use for another public purpose, when it is determined that the change will better serve the public good; it may vacate a street when it is no longer required for public use, or when its use as a street is of such little public benefit as not to justify the cost of maintaining it, or when it is desired to substitute a new and different way more useful to the public; and, of course, it is within the power of a city to vacate a street where all of the property owners adversely affected consent to the vacation. But in all instances, the order of vacation must have within it some element of public use, and even where the order serves a public use, it cannot be exercised against the will of abutting property owners adversely affected, unless the damages they suffer thereby are in some way compensated." Vaughn Bay Construction Vacation of Street Right -of -Way Ptn. of 9th St. at 811 E. "D" St. Right -of -Way Vacation #4-04 12 DOC. INDEX ii) Hoskins v. Kirkland, 7 Wn. App. 957, 503 P.2d 1117 (1972) at pages 960 and 961: "... A public use may exist even if some private benefit may result. Banchero v. City Council, 2 Wn. App. 519, 468 P.2d 724 (1970). The power to vacate a public street exists notwithstanding some inconvenience will follow to others who are thereby deprived of street access they would otherwise have had. Thus, a person, whether or not a landowner, who sustains damage not different in kind even though different in degree from that suffered by others, has no legal basis for complaint. No legal right of such a person is violated by the street vacation and the damage sustained is damnum absque injuria. Accordingly, refusal to compensate him for his injury is not a taking of property without compensation in violation of U.S. Const. amend. 14 and Const. art. 1, § 16 (amendment 9). State v. Wineberg, 74 Wn.2d 372, 444 P.2d 787 (1968); Capitol Hill Methodist Church v. Seattle, 52 Wn.2d 359, 324 P.2d 1113 (1958); State v. Kodama, 4 Wn. App. 676, 483 P.2d 857 (1971); 11 E. McQuillan, supra §§ 30.192, 30.194. [3] It is only the landowner whose property abuts upon a street vacated or proposed to be vacated, or the nonabutting landowner who suffers special injury that may complain of illegality. Yarrow First Associates v. Clyde Hill, 66 Wn.2d 371, 403 P.2d 49 (1965); Kemp v. Seattle, 149 Wash. 197, 270 P. 431 (1928); Banchero v. City Council, supra; 11 E. McQuillan, supra § 30.192. Case law elsewhere on what constitutes special injury is divided. In Washington, at least in the absence of overriding public benefit, a landowner whose land becomes landlocked or whose access is substantially impaired as a result of a street vacation is said to sustain special injury. Yarrow First Associates v. Clyde Hill, supra; Capitol Hill Methodist Church v. Seattle, supra; Kemp v. Seattle, supra, Banchero v. City Council, supra; 11 E. McQuillan, supra § 30.192. If, however, the landowner still retains an alternate mode of egress from or ingress to his land, even if less convenient, generally speaking he is not deemed specially damaged. He has no legal right to prevent the vacation because no legal right of his has been invaded. As stated in Capitol Hill Methodist Church v. Seattle, supra: To maintain this action, their right of access must be `destroyed or substantially affected,' or, to put it another way, Vaue h„ Bay Construction 13 Vacation of Street Right -of -Way Ptn. of 9th St. at 811 E. "D" St. DOC. Right -of -Way Vacation #4-04 INDEX their reasonable means of access must be obstructed, and they must suffer a special damage, different, in kind and not merely degree, from that sustained by the general public. 52 Wn.2d at 366." iii) Capitol Hill Methodist Church v. Seattle, 52 Wn.2d 359, 324 P.2d 1113 (1958) at pages 365 and 366: "The general rule supported by this court is that only abutting property owners, or those whose reasonable means of access has been obstructed, can question the vacation by the proper authorities. To warrant such interference with proceedings relative to street or road vacations, it must appear that the complaining parties suffered a special damage derent in kind and not merely in degree from that sustained by the general public." (Italics ours.) In Taft v. Washington Mutual Savings Bank, 127 Wash. 503, 221 Pae. 604 (1923), this court stated: "We conclude that the correct rule is that only those directly ab»ttinsr nn the portion of the street nr alley varateri or alleged to be obstructed, or those whose rights of access are substantially affected, have such a special interest as to enable them to maintain an action. The further rule, deducible from our own cases and the authorities generally, is that owners of property abutting on a street or alley have no vested right in such street or alley except to the extent that their access may not be unreasonably restricted or substantially affected. Owners who do not abut, such as respondents here, and whose access is not destroyed or substantially affected, have no vested rights which are substantially affected." (Italics ours.) We find, in 11 McQuillin on Municipal Corporations (3d ed.) 146, § 30.194, the following statement: Vaughn Bay Construction Vacation of Street Right -of -Way Ptn. of 9th St. at 811 E. "D" St. Right -of -Way Vacation #4-04 14 DCC. ADD "On the other hand, if the street directly in front of one's property is not vacated but the portion vacated is in another block, so that he may use an intersecting cross street, although perhaps it is not quite so short a way nor as convenient, it is almost universally held that he does not suffer such a special injury as entitles him to damages. And this is so notwithstanding the new route is less convenient or the diversion of travel depreciates the value of his property. The fact that the lot owner may be inconvenienced or that he may have to go a more roundabout way to reach certain points, it is generally held, does not bring him an injury different in kind from the general public, but in degree only. `If means of ingress and egress are not cut off or lessened in the block of the abutting owner, but only rendered less convenient because of being less direct to other points in the city, and made so by the vacation of the street in another block, such consequence is damnum absque injuria.' (Italics ours.) [2] It must be borne in mind that the appellants in this case are not abutting owners of property on the portion of the street vacated by the city of Seattle. To maintain this action, their right of access must be "destroyed or substantially affected," or, to put it another way, their reasonable means of access must be obstructed, and they must suffer a special damage, different, in kind and not merely degree, from that sustained by the general public. This, they have failed to show by their pleadings and affidavits. [3] They contend that east John street is their principal means of access and the closing thereof will deprive them of the most direct and convenient access to their respective properties. This allegation is insufficient under the above authoritiesto allow the appellants to maintain this action. The only practical effect the vacation has on the appellants' properties is the deflection of traffic one block to Denny Way and east Thomas street. This is too slight a consideration to be controlling in this case. See Mottman v. Olympia, 45 Wash. 361, 88 Pac. 579 (1907)." Vaughn Bay Construction Vacation of Street Right -of -Way Ptn. of 9th St. at 811 E. "D" St. Right -of -Way Vacation #4-04 15 INDEX 4 Application of Legal Principals to Facts of this Petition: The legal principals suggest that Mr. Giidea's letter indicating that the abutting owners would look to the City for just compensation if this vacation petition is granted asserts an aro„able clai„, Regardless of ahe „- er is of .r-•�-- �%-•��•�. NwviV LYllll. 1 VLLI.L IL V Vl L11V 111Vi 1Li,7 Vl that claim, the weight of evidence establishes a possible use of the undeveloped portion of North 9th Street in connection with anticipated future development of abutting property on the north which warrants denial of the street vacation under the City's policies. If the vacation were granted, that possible use of North 9th Street in connection with future development would be foreclosed. If the vacation is denied and the abutting owners utilize the street for future access to property to the north, it is possible that traffic will then be allowed to also circulate to the north, west and/or east rather than all be funneled onto "D" Street and/or North 9th Street to the south in the manner that would result from granting this petition. It is also possible that realignment of the street more in line with the existing street may be accomplished if it is utilized to access future development. On balance, although there are cogent arguments both ways, the hearing examiner believes that the weight of evidence favors leaving options for potential access and traffic circulation alternatives open for possible future development north of the undeveloped right-of-way for North 9th Street rather than irrevocably foreclosing all options at this time. CONCLUSIONS 1. The hearing examiner has jurisdiction and authority by virtue of Subsection 1.43.080(H) of the Yakima Municipal Code to conduct open record public Vaughn Bay Construction Vacation of Street Right -of -Way Ptn. of 9th St. at 811 E. "D" St. Right-of:Way Vacation #4-04 16 DOC, INDEX hearings regarding petitions and resolutions to vacate streets and public rights-of- way and to make recommendations to the City Council relative thereto. 2. All public notice requirements for a street vacation have been completed in accordance with applicable statutory and ordinance requirements. 3. SEPA review was not required because street right-of-way vacations are categorically exempt from SEPA review. 4. A traffic analysis report was not required for this petition for street right-of- way vacation. 5. All but one of the criteria under the City's street vacation policies are satisfied by this petition, but failure to establish that criteria as to consistency with anticipated development in the area requires denial of this petition. RECOMMENDATION The hearing examiner recommends to the Yakima City Council that the petition for vacation of the North 9th Street right -of way lying north of "D" Street described in the documentation for UAZO R/W VAC #4-04 should be DENIED. DATED this 25th day of March, 2005. Vaughn Bay Construction Vacation of Street Right -of -Way Ptn. of 9th St. at 811 E. "D" St. Right -of -Way Vacation #4-04 Gary M. Cuillier, Hearing Examiner 17 UL ii` DEX VAUGHN BAY CONSTRUCTION COMPANY Exhibit List CHAPTER A Staff Report EXHIBIT # DOCUMENT DATE A-1 Staff Report 2-24-05 FILE: APPLICANT: REQUEST: LOCATION: City of Yakima, Washington Division of Environmental Planning Public Hearing Staff Report February 24, 2005 UAZO R/W Vac#4 -04 Vaughn Bay Construction Right -of -Way Vacation for a Portion of N. 9th Street. Vicinity of 811 East D. Street. STAFF CONTACT: Jeff Peters, Assistant Planner (575-6163) BACKGROUND On November 9, 2004 the City of Yakima DeparLllLent of Community & Economic Developments Planning Division received a petition from Vaughn Bay Construction Company requesting the vacation of that portion of N. 9th Street lying northerly of the north right-of-way line of East "D" Street. The proponent indicates that the vacation of this right-of-way will benefit the public good by providing additional land for their development of new multifamily housing in this area. The petitioner owns contiguous property on both the east and west sides of N 9th Street but does not own the abutting property to the north where the dedicated right-of-way currently ends. Consequently, by their signing of the petition it does contain the signatures of the necessary two thirds of the property owners fronting this vacation. ZONING AND LAND USE The property being requested for vacation is a street right-of-way, which is technically unzoned. However, the surrounding properties are all zoned (R-3), Multi -Family Residential and any vacated right-of-way would receive that zoning designation. Adjacent properties have the following characteristics. North South West East Zoning Heavy Industrial (M-2) Single Family Residential (R-1) Multi -Family Residential (R-3) Light Industrial (M-1) 1 Land Use Boise Cascade (Lumber Mill) Residential Development Residential Development Vacant Filed Hearing Examiner EXH #_ 1_Date 2 2» 65- File S File # ' ; 1-I --a �- DESIGN REVIEW On January 26, 2005 a Design service Team meeting was held to discuss the possible imparts of this vacation following is the comments received during _.. ... ,_..., �.._._.,.... The following y,�� ,,, a summary of loll LLlLel L1,� Ullring that meeting. Franchise Utilities No comment. Water/Irrigation No comment. Wastewater No comment. Building Permits/Codes No comment. City Engineer No comment. Traffic Engineering No comment. PUBLIC USE OF THE RIGHT-OF-WAY The subject right-of-way for this vacation is undeveloped. The termination of this right- of-way would not affect current traffic movements in this area. However, the City of Yakima has received a letter from Yakima Resources, (the abutting property owner or long term lessee at the north end of this right-of-way) stating their objection to this right-of-way petition. The basis for their objection is that this vacation would deprive their present facility of a potential major access point to their holdings. LOCATION OF UTILITIES There are no public or franchise utilities within any of the rights -of -ways to be vacated. CRITERIA FOR VACATION OF RIGHTs-OF-WAY City policy provides specific guidelines for rights-of-way vacations. These guidelines include five criteria that must be met in the granting of vacation petitions. They are as foliows: 1) The petition must explain the public benefit of the project, the reasoning of the proposed vacation and the limits of the vacation. 2 The applicant states that the major public benefit to be received from the vacation of portions of N. 9th Street comes from the compatible infill and improved development of their surrounding properties as a multi -family development. 2) The vacation of right-of-way does not deny any sole access to any property. This vacation request does not deny sole access to any property. However, Yakima Resources, LLC has objected to this street vacation on the basis that a potential major access point for their facility will be eliminated if this vacation is approved. 3) Petitions should be consistent with the six year Transportation Improvement Plan, Urban Area Comprehensive Plan and other official city plans and policies The current Transportation Improvement Plan (TIP) does not indicate any planned improvements to these sections of N 9th Street. 4) Vacation requests should be appropriate with existing and anticipated development in the area, based on zoning, current use and long-range plans. There is no anticipated further development that the City of Yakima is aware of that would be adversely affected by this vacation. The zoning and long range plans for this area can also be considered in compliance with this request as infill is encouraged inside the city limits. 5) Existing utilities (public and franchised) should be relocated at the developers expense or an adequate easement provided. Where appropriate, if existing utilities are deemed unnecessary, this requirement may be waived. Relocation of utilities is unnecessary as no utilities are present. FAIR MARKET APPRAISAL AND COMPENSATION TO THE CITY City resolution D-5630 specifies the circumstances under which compensation must be paid to the City for the vacation of public streets and alleys. Compensation is not required whenever the City has not purchased, maintained, nor made any improvements to the subject right-of-way and where no planned or anticipated public purpose exists for maintaining the right of way compensation is not required. TRAFFIC STUDY A traffic study was not required for this right-of-way vacation. ENVIRONMENTAL REVIEW Street vacations are categorically exempt from SEPA review. This is in accordance with WAC197-11-800 (2) h and YMC 6.88. 3 FINDINGS 1. No properties will be denied sole access to the public street system from the vacation. 2. The petition for vacation of public right-of=way does not conflict with any planed street improvement projects of the City of Yakima. However, Yakima Resources has submitted their written objection to this vacation on the basis that it would possibly affect their future expansion and development. 3. The petitioners intended use of the property for multi -family development would be beneficial to the general public. 4. A traffic analysis for this proposal was not required. UNIQUE CIRCUMSTANCES In researching this petition the Kroll Maps for the City of Yakima were found that carry a faint notation that the northerly half of this street has been already been vacated. The Planning Division places a high degree of trust in these maps, especially with regard to their historical content. Consequently, we performed an extensive search of both City and County records trying to locate any other records that could substantiate this notation. Finding none locally, we called the Kroll Map Company in Seattle and asked if they could provide any information, which they could not. Without further corroboration the Planning Division has determined to its satisfaction that no portion of what remains of N 9th Street has been vacated. PUBLIC NOTICE The Yakima City Council set the date of this public hearing for street vacation on February 1, 2005 by resolution #R-2005-38. This is done in accordance with RCW 35.79.010. Other notices of this hearing were provided for in the following manner: Posting in three public places Posting of property Legal ad published Adjoining property owner notices mailed Reschedule of Public Hearing January 20, 2005 January 20, 2005 January 27, 2005 January 13, 2005 January 27, 2005 ANALYSIS One of the longstanding policies of the City of Yakima has been to preserve and protect its existing street grid pattern. Consequently, the burden of proving that the vacation of a public right-of-way is warranted lies squarely with the petitioner. Admittedly, this petition fulfills the basic criteria for the vacation of a public right-of-way the decision to vacate or not is clearly discretionary. Even though Yakima Resources future need for 4 DOC. INDEX this right-of-way is speculative at his time their objection as an abutting property owner cannot be overlooked. RECOMMENDATION The Division of Environmental Planning recommends that this petition be denied on the basis that there is both an objection and a recognized potential public purpose for the maintenance of this right of way. 5 VAUGHN BAY CONSTRUCTION COMPANY Exhibit List CHAPTER B Maps EXHIBIT # DOCUMENT DATE B-1 Maps: Vicinity, Mailing, Aerial, Zoning and Atlas 11/22/04 .00 CITY OF YAKIMA, WASHINGTON VICINITY MAP FILE NO: R/W VAC #4-04 APPLICANT: VAUGHN BAY CONS 1RUCTION REQUEST: VACS -MA PORTION OF NORTH OTH cTP T Hied LOCATION: NORTH 9TH & "D" STREETS Hearing Examiner # Date 11 ZZ. 0Yq at 4CI 1,4 1100 g{ 1. Subject Property Yakima City Limits Scale -lin = 400ft 200 40(W--VAC4-0411/22/04 I,. Hm-r, cf nLJ a i TAQt �`GoLN Pv�E m s I 9n s FAIR AVE 0 z 9 STRUT- - - - CITY OF YAKIMA, WASHINGTON FILE NO: R/W VAC #4-04 APPLICANT: VAUGHN BAY CONSTRUCTION REQUEST: VACATE A PORTION OF NORTH 9TH STREET LOCATION: NORTH 9TH & "D" STREETS PARCELN1JMBER(S):19131843488 19131843533 19131843489 Notified Property Owners within 500 Ft Subject Site 01 Tem Scale —lin=400fr*Nu 94 200 400 RW-VA64-Q'411/22104 RIW VAC #4-04 VAUGHN BAY CONSTRUCTION SR Suburban Resident; R -I Single -Fancily Resin . al R-2 Two -Family Residential VACATE A PORTION OF NORTH 9TH STREET R-3 Multi -Family Residential B-1 Professional Business I. B-2 Local Business 1Th Historical Business 1 SCC Small Convenience Center MEI LCC Large Convenience Center CBD Central Business District CBDS CBD Support M-1 Light Industrial SC M-2 Heavy Industrial NORTH 9TH & "D" STREETS IN* Subject Property City Limits Scale —lin = 400ft 0 200 400 RW-VAC4-04 City of Yakima, Washington November 22, 2004 o1 Yam *4Zio• fb: 101 6,1 512 .. .510 506 - —506 '' 60► 602 lik*. 1 "6 115 111 113 112 110 Ips 111 401 105 0 S11°1 1p6 409- 3A6 02 316 311 312 spy 31S 11 39 310 301 y,16 39 0 A 305 0 1305 NA 93 302 310 90 395 301 Z 0 303 D2 g06 O 3p6 301 2,6 212 + 301' �� ?,� 2,3 212 9 rkiENUE 214 211 ?50 a 09 ?D8 21b 213 Current Zoning CURRENT ZONING SR Suburban Residential R4 Single -Family Residential R-2 Two -Family Residential w • R-3 Multi -Family Residential B-1 Professional Business ■ B-2 Local Business ■ HB Historical Business SCC Small Convenience Center ▪ LCC Large Convenience Center ■ CBD Central Business District CBDS CBD Support M4 Light Industrial M-2 Heavy Industrial Ait Subject Site Future Land Use FUTURE LAND USE Low Density Residential Medium Density Residential High Density Residential Professional Office ■ Neighborhood Commercial Large Convenience Center Arterial Commercial CBD Core Commercial Industrial Urban Reserve Subject Site 06. 00 0 1 2 . 0 0 00 4,1d ,..8.. 0 0 00 1 0 0r Yakima Water & Sewer NWater Line N Sewer Lines Imgation Main FILE NO: R!W VAC S4-04 APPLICANT: VAUGHN BAY CONSTRUCTION Digital Orthophoto Mosaic of Digital Orthophotography flown 08/01/2002 NSubject Property CITY OF YAKIMA DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPEMENT 129 North Second Street Yakima, Washington 98901 D01, Phone: (509)575-6113 INDEX Fax: (509)575-6105 --{ All maps shown at 1" = 300ft One page Atlas: rw-vac4-04 Created: November 22, 2004 VAUGHN BAY CONSTRUCTION COMPANY Exhibit List CHAPTER C Site Plan EXHIBIT # DOCUMENT DATE C-1 Site Pian 11/9/04 0 FND. CASED MONUMENT c• 9th STREET VACATION LEGAL DESCRIPTION That portion of North 9th Street lying north of East 'D' Street and south of the North line of the Southwest Quarter of the Southeast Quarter of Section 18, Township 13 North, Range 19 East, Y.N., within the Plat of COLLEGE ADDITION TO NORTH YAKIHA W.T., now Yakima, Washington, as recorded In Votune 'A' of Plats, Page 22, records of Yakima County, Washington. SOUTH LINE 14111/4 SE1/4 42003 N87'SS'34'V 2A•S —_�-�—moi 1.8'F w ND. 1/2' REBAR V/CAP 4 9623 1 N t 1 `' ! 9 2004 c'T i' FND. CASED MONUMENT c 139.A 1349.41 W1/4 SEG 18, a•AT. 1316., R. 196., WA d/ SPS MONUM NTD FNA 2' 9.C. IN Irli CASE CEM SEC. 18, 5E ^ LCRY 2-17261NOT 6. N T SEIL 9E,V'FM e61ai1 1/ 11199'281 9409 `''EQUIPMENT AND PROCEDURES USED: o: 5 SEC. EDU TOTAL STATION .4- b: FIELD TRAVERSE CV o: LIONS VISITED DATE OF SURVEY GRAPHIC SCALE 40 19 40 01 SO (1R ram )_ 1 boob - 40 It AUDITOR'S CERTIFICATE FILED FOR RECORDrB ,l�_Bdr of A) JT it WIDER 4021711(3 PILI Men Jun= OF YAKIW 63w0 1; r4BHIAvf01 Ar THE REQUEST OF `COOVrr 4UDIMR SURVEYOR'S CERTIFICATE THIS YAP corm:0%r REPRESENTS I NORM' VIDE RY 28 011 077218 YY DIRECTION IN CONIORMARCE WITH 3 81p(IIRE QUITS Or 708 SURVAT RECORDING ALT AT TRE AsquzsT Or PAUL.IW PAGE IN VE BY MANY , LDOTICLAS 8. CRAY FND. 1/2' REBAR 0.6'WEST NEI/4 SEC. 19, T. 13N., R 19E, VM FNA E 1/2' B.C. 151 COM. HON LS No. 3357 LCR9 2-1263 11/4 SEC. 18, T. 1311. R. 196. 2121 FNA NOT 5E1/4 SEC. 19, T. 1311, R. 19E. WM. FNA 3' AC. VS.DD.T. LCRY 7133697 e CORNER FOUND AS HMO 0 Mom w/CAF /IN08 SET }t NAIL WITH WASHER S6T i Gro L7iarveybw 410r0[1Y 555506eo9 otraanwr P.D. 0,0 010 .17N Strew Road Yadn,a, Wa 00002 • (500) 076-0104 S1/4 SEG 18, T. 1346, R 19E, VK NOT 001. NIT SEf VICINITY HAP (NTS) SE1/4 SEC. 18, T. 13N., R. 18E., V.M. (VERIFIED 6 USED FROM ROS 41-18) 'w`/AUGHN BAY CONSTRUCTION Nil 85711 AVE. E. TACOMA, VA. 98488 l SWt 4 SEI /4 SEC. 18, T. 1324., R. 18E., W.M. BOUNDARY AND CATION SURVEY 1' - 40' maw DC ,V J.C.H. 080031 613 D.S.G. NOF: 8/28/04 Mena Ha 2411 Mr 1 8'' 1 PIXEL Na 191318-43593, 43488. 49489 , VAUGHN BAY CONSTRUCTION COMPANY Hearing Examiner Exhibit List CHAPTER D Application EXHIBIT # DOCUMENT DATE D-1 Right of Way Vacation Application 11/9/04 fe. i?• CITY OF YAKIMA: LAND US, APPLICATION ci - DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT � 's -* >' : 129 NORTH SECOND STREET, 2ND FLOOR '.gpAFA'_y,$$--fir YAKIMA, WASHINGTON 98901 ,.: .--... ' VOICE: (509) 575-6183 FAX: (509) 575 -6105 \ \ Answer all questions completely. If you have any questions about this form or the application process call, come in person or refer to the accompanying instructions. This application consists of four parts. PART 1- GENERAL INFORMATION AND PART IV - CERTIFICATION are on this page. PART II and III contain additional information specific to your proposal and MUST be attached to this page to complete the application. Remember Ito bring all necessary attachments and the required filing fee when the application is submitted. The Planning Division cannot accept an application unless it is complete and the filing fee paid. Filing fees are not refundable. \e\ate ii�\\\\N\\ _. •.'.. \\RN k\ 1. APPLICANT NAME PAUL PAGE - VAUGHN BM CONSTRUCTION 2. APPLICANT ADDRESS AND PHONE NUMBER STREET 1911 65th Ave. W . CITY TACOMA STATE WA ZIP 98466 PHONE (253) 460-30.00 MESSAGE ( ) 3. APPLICANTS IN I .REST IN PROPERTY CHECK ONE PG`vVir R III CONTRACT PURCHASER ❑ ■ O�xn. ER REPPESEh1TATT�IE OTHER 4. PROPERTY OWNER (IF OTHER THAN APPLICANT) NAME VBC EAST RIDGE HOUSING, LIMITED PARTNERSHIP- I 5. PROPERTY OWNER'S ADDRESS AND PHONE STRb!•,1 SAME AS ABOVE CITY ' (IF OTHER THAN APPLICANT) STATE ZIP PHONE ( ) MESSAGE ( ) 6. ASSESSORS PARCEL NUMBER (S) FOR SUBJECT PROPERTY: 11318- 43488, 43533 and 43489 7. EXISTING ZONING OF SUBJECT PROPERTY: MULTI FAMILY RESIDENTIAL (R-3) 8. ADDRESS OF SUBJECT PROPERTY: 811 EAST "D" STREET 9. TYPE ■ ■ • • • • OF APPLICATION: (CHECK Class (2) Use Class (3) Use Rezone Variance Home Occupation Administrative Adjustment ALL THAT APPLY) • Environmental Checklist (SEPA) ■ Modification to Approved Class (2) & (3) Uses 1 Appeal ■ Nonconforming Structure/Use ■ Preliminary Subdivision ■ Short Plat ■ Right -of --Way Vacation ■ Short Plat Exemption ■ Shoreline ■ Utility Easement Release ■ Interpretation by Hearing Examiner • Other �I UM._1-F-� .�'����i A��i:� �� � ��_ ����;•'•'�i` ��=:L3� $i1 ���., '4,;:s.*:* ......... r: 10. SEE ATTACHED SHEETS .:.... ...� .3� .......:.. .:. .. ,:. ,.._:...-.z.Fr:.: .. ���r�, .....n;�%s4�yy.-?0-,:,:..... xl;;,�d..'vT.A.-= :;r: rgr.�Tirf€_. 11. I certify t the informati on this applic. t...-1_ ion andidearojagdEXerninerare,true EXH # an correct to the best of my knowledge. 1 Date 1 ' a It--' •—o Ste+ ATURE (� Y'!AC ' ATE '' ` Revised 9-98 0 for .....:;a.. :.1.16.- "�.: ti—z...:... f !FILE NO. 1 I DATE EW I-AECE':'ED 9Y 1 AMOUNT I • RECEIPTNO. 1 HEARING n,lrc CITY OF YAKIMA, WASHINGTON DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT APPLICATION FOR VACATION OF PUBLIC STREETS •OR ALLEYS CITY OF YAKIMA, 129 NORTH SECOND STREET, YAKIMA , WA 98901 509/ 575-6113 <<<�'• r as !Tp i ,L) •i [; Lit Ci; • P. LA N A'ii s?m3 ilsYq INSTRUCTIONS 1. This application form must accompany a petition for the processing of right of way vacations. 2. Please print or type your answers. 3. This form is primarily for the purpose of establishing the principle applicant for any proposal to vacate a street or right of way. Often, there may be many parties involved in a right of way vacation. It is important tO establish which patty is responsible for supplying the technical or detailed information required in this. procedure. FEE A non-refundable fee is required for the processing of this application, payable to the "CITY OF YAKirvIA" at the time of filing of the application and petition. APPLICANT INFORMATION Name of applicant PAUL PAGE - VAUGHN BAY CONSTRUCTION Address of applicant 1911 both AVE W. TACOMA, WASHTNGTON 98466 Applicant's Telephone 253-460-3000 REQUIRED INFORMATION Persons or parties wishing to vacate a public street, alley or right of way (for access) must first submit a petition which provides a legal description of the area. The petition must be signed by property owners of two-thirds of the abutting property. In addition, a narrative should be submitted which includes the following information: 1. A statement which includes the calculation of the requirement for obtaining two-thirds of the property signatures of abutting lands (which may include a parcel map). 2. The applicant must submit a written narrative declaring how the proposed right of way vacation meets the criteria for approving petitions for right of way vacations as summarized below. a. The petition to vacate the right of way must explain the public benefits of DOC. INDEX C:71 F the project, the reasons for the proposed vacation and the limits of the vacation, b. The vacation of any right of way cannot deny sole access to any property, c. Petitions should be consistent with the Six-year Transportation improvement Plan, the Urban Area Comprehensive Plan and other official City Plans and policies, d. Vacation of Right of Ways should be appropriate with existing and anticipated development in the area, based upon zoning , current use and long range plans, e. Existing Public and Franchised utilities located in the right of ways to be vacated should be relocated at the expense of the developer or an adequate easement provided. If it is determined that such existing utilities do not need to be relocated, this requirement may be waived. ATTACHMENTS The following items should be submitted to complete this application for the vacation of public streets or alleys. Some items may be waived by the Department of Community and Economic Development, if just cause for such waiver is submitted by the applicant. 1. A title search or report, is required to be submitted describing the legal status and ownership of the right of way (this requirement may be waived), 2. A survey of the area to be vacated (this requirement may be waived) , 3. The petition must contain an accurate legal description of the area to be vacated and should be accompanied by a map which identifies the area. A survey plat may be substituted for another map. 4. A fair market appraisal if the adjoining assessed values indicate expected value greater than $4,000: The complete policy of the Yakima City Council regarding required compensation from Right of Way Vacations/ is found in Resolution D-5630, adopted by the Yakima City Council on September 12, 1989. 5. Engineering plans as appropriate to indicate how the curb, gutter and other physical features will be treated after the vacation is enacted. 6. A traffic analysis prepared by a Certified Engineer is required by the City of Yakima Department of Public Works which describes the impact to the City transportation network of the closure of the right of way. (This requirement may be waived.) - The City Traffic Engineer will provide guidance in determining the scope of the review required for each individual case. DOG. INDEX SIT -.'a j,e',;'11 u ah.. a"...,..,r., ,.,rla+inn from thn {-lacrinn is fnr cnnrnv7) cuff chnil nronnro �n 11 1116 16....Ru.I $141 IVI Iv Ivl 1-.11./V1`, .l ••••/..1.11 n+, .c.an VI Vt./4.41V All information packet for the City Council, and agenda sheet. The City Legal Department will n r an Ordinance vacation which includes the terms and will prepare Ordinance I�.rti to enactthe vacation .,,. conditions of the vacation, including, a. The compensation required, as specified in Resolution D-5630, b. Whether an easement will be retained, for what purpose, its location and width; c. The length of time the petitioners will be allotted to complete the required improvements and submit the compensation to the City of Yakima, after which time the Ordinance becomes null and void. d. Other conditions specified in the Hearing Examiner's written recommendation. if the Hearing Examiner recommends denial of the petition to vacate a public right of way, staff shall forward to the City Council the recommendation of the Hearing Examiner and pertinent contents of the City right of way vacation file. 7. Planning staff shall notify the applicants of the final action of the City Council concerning a proposed right of way vacation. PEE ITION NO. -C 0 CITY OF YAKIMA, WASHINGTON PETITION TO VACATE STREET OR ALLEY 2 '•i 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). 9th STREET VACATION LEGAL DESCRIPTION That portion of North 9th Street lying north of East "D" Street and south of the North line of the Northeast Quarter of the Southeast Quarter of Section 18, Township 13 North, Range 19 East, W.M., within the Plat of COT T .GE ADDITION TO NORTH YAKIMA W.T., now Yakima, Washington, as recorded in Volume "A" of Plats, Page 22, records of Yakima County, Washington. 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, Name Address of Property Date V en 645i AIDC# I ouSi'# i LA) at -et DOC. INDEX ray Surveying Property • Construction • DevelFprofAf, SUPPLEMENT TO PETITION TO VACA'T'E A PORTION OF NO. 9TH STREET mai,„� EJ3s . PLA,-,„ A. This is a petition to vacate a portion of North 9th Street, from East "D” Street to the north line of the Northeast Quarter of the Southeast Quarter of Section 18, Township 13 North, Range 19 East, W.M. North 9th Street in this area is approximately 151 Ieet in length and currently serves as access to three separate parcels, however two of the parcels also have directiic:L"Css to East D Street. This portion of No. 9th Street does abut one other parcel (191318-41001) owned by Yakima Resources, on the north end. This portion of No. 9th Street has never been improved or utilized as a public roadway since its dedication as public right of way, via the plat of College Addition to North Yakima, now Yakima, in 1889. It currently is shown as vacated right of way on the City of Yakima's utility maps, however no record of vacation can be found. E. Vacating this right of way does not deny sole access to any property, since parcel numbers 191318-43488 and 43533 are owned by the same party. C. Since this right of way has been shown as vacated on the City of Yakima's utility maps, it does not conflict with the City's transportation or comprehensive plans. D. The anticipated development of parcels 43488, 43533 and 43489 is multi -family residential (R-3). E. At this time there are no known utilities within this right of way area. IL4DAMS1Data\Daia4/OBS12o041241111supp to petiiton,doc DOC. P O. Box 510, Yakima, WA 98907 • 2706 River Road, Yakima, WA 98902 INDEX Voice: 509-575-6434 • Fax: 509-575-1294 TRANSFER NUMBER tYPE OF CHANGE OF PGS RECORD CHAIN GE FORM TRMS CHARMS ARMS Name REQUESTED BY /Gf Street 7', C9 City G je State t ' Zip 9 g qd 7 Phone Number ( 5'09) bC/v cc Source Information Plat Name/Short Plat Divorce/Probate m Other /CURRENT TOWNER NAME 0/66 PG/ . -/-14k7 6.1/,JZ/G o1/ STREET /9/ �—S ,4 G° . CITY 7;` ''r'"' STATE 1 ZIP ' 7z.4 PARENT PARCEL NUMBER(S) 1 PER LINE i3'/ g z( y' Assessor use only d rn •a) 1 1cp C"] • J] G cJ, Notice: If the taxes or assessments are delinquent on the parcels to be segregated or if this request is not in compliance with local subdivision ordinances, this request is VOID and reapplication will be required. The undersigned verifies that the requested record change is in compliance with all applicable state, coup or municipal ordinances, The undersigned fiuth .a-ffi _ —e event of a segregation is being requested. tht all delinquent taxes and assessments have been pa on the property co request. Date Signa Doc, INDEX Gray Surveying 9M STRFPT A/A(145.1(1N LEGAL DESCRIPTION Property • Construction • Development 7.7= r-rzr„ C14' Lix? That portion of North 9th Street lying north of East "D" Street and south of the North line of the Southwest Quarter of the Southeast Quarter of Section 18, Township 13 North, Range 19 East, W.M., within the Plat of COLLEGE ADDITION TO NORTH YAICIMA W.T., now Yakima, Washington, as recorded in Volume "A" of Plats, Page 22, records of Yakima County, Washington. tlAdamsicfata 21DatalJOBS120041241111vac legadoc P.O. Box 510, Yakima, WA 98907 • 2706 River Road, Yakima, WA 98902 Voice: 509-575-6434 • Fax: 509-575-1294 DOC, INDEX 4 vv, W.L/ v: J. 1.8 etvs arvv vv tea.• rw INSURING INFORMATION ENDORSEMENT Attached to and Forming a Part of Commitment Order No. X-183914 RE: WORDEN/PAGE Escrow No; 4'1545VW Issued by VALLEY Y T LE GUARANTEE ' E , C ` No_ Thls Endorsement Is made a part of said Commitment including any prior endorsements, and is sub]ect to the schedules, terms, provisions and the conditions end stipulations therein, except as modified by the provisions hereof: PROPOSED INSURED Paragraph 2 of Schedule A of the above Commitment is hereby amended to specify the name of the proposed inured on the policy or policies requested as follows: ALTA Owner's Policy: VFC EAST RIDGE MOUSING, LIMITED PARTNERS ALTA Loan Policy: AMOUNT OF INSURANCE Paragraph 2 of Schedule A of the above Commitment is hereby amended to insurance requested: ALTA Comer's Policy [ x ]ndard [ ] Extended ALTA Loan Policy { ]Standard [ ] Extended Dated: January 20, 2004 8 rafiecf the fQrn end amount of Amount ;120,000.00 Premium: ;540.00 42.55 582.65 Amount: N/A Premium: NIA -VALLEY TITLE GUARANTEE Autho .zed Signature DOC. INDEX j�, VV/ Vea.` VS L_. V1 scs.a 3. 1.• srxn. v. SD? NORTH SEE O?O ST7'.1 F'OSY OFFICE BOX 1823 -- YAKIMA, WASKN sT a PHONE (5C9) 2484442 FAX (°SSA os`,iiia COMMITMENT FOR TITLE INSURANCE SCHEDULE A Prepared for. VALLEY TITLE GUARANTEE Title Examiner: ' ZEB LILJA 502 NORTH 2ND, STREET Order No; X-153814 YAKIMA, WA 98901 Your. WORDEN/PAGE Attn: VICKI WOODWARD Escrow Officer VICKI WOODWARD Escrow No: 41645VW 1. Effective Date: January 12, 2004 at 8;00 A.l 1 2. Policy or Policies to be issued: A. ALTA Owner's Policy Amount: $120,000.00 [ A ] Standard [) Extended Premium: $540.60 Proposed insured: Tax: 42.66 Total: $582.66 PAUL PAGE AND/OR vac EAST RIDGE HOUSING, LIMITED PAtRTMER H P B. ALTA A Loan Policy Amount ? 1A [ ]Standard [ Extended Premium: N/A Proposed insured: Tax; Toted: 3, The ecitata or interest in the land Which is covered by th Commitment is: FEE 59MPLE ESTATE 4, Title to the estate or Interest in he land is at the effective date hereof vested in: LOUISE WOMEN, A SINGLE PERSON ON DATE OF ACQUIRING TITLE 5. The lend referred to in this Commitment is in the State of 'Washington, County of Yakima and is described as follows: FOR LEGAL DESCRIPTION. SEE EXHIBIT "A" ATTACHED HERETO. DOC. INDEX Uig/4w.AU' 11.J1 :a:+ .x-GdNJVYbf VL ALTA COMMITMENT SCHEDULE B Order No. X-153914 CIT The following are the requirements to be complied with: !, A. Instruments necessary to create the estate. or interest to be insured, must be properly executed, delivered, and duly lied for recorded, of the Nil consideration for the estate or S. Payment to or for the account of the grantors or mortgagors interest to be insured. Schedule B of the policy or policies to be issued (as set forth in Schedule A) will contain exceptions to the following matters, unless the same are disposed of tli a satisfacton of the Company. A. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the date oposed Insured ed acquiress for value sofsrecordt the to tnest to ore einterest eor mortgage thereon coverereof but prior to the date the dy this Commitment. 11. General Exceptions: • f I. Rights or claims of parties in possession not shown by the public records. 2 Public or private easements, or claims of easements, not shown by the public records. 3. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the premises. 4. Any Ilen, or right to a lien, for services, labor, or material heretofore or hereafter famished, imposed by law and not shown by the public records, or liens under the Workmen's Compensation Act not shown by the public records. 5. Right of use, control or regulation by the United States of America, in the exercise of powers over navigation; any prohibition or limitation on the use, occupancy or improvement of ti's land res' -long from the rights of the public or riparian owners to use any water which may cover the land. S. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in acts authorizing the issuance thereof; (c) water rights, claims or title to water, r construction charges for sewer, water, electridt;�, or 7. Any service, installation, onnection, maintenance-, a ...., _ garbage removal. g. General taxes not now payable or ratters relating to special assessments and special levies, if any, preceding the same becoming a lien. 9. Indian tribal odes or regulations, Indian treaty or Aboriginal nights, in .luding, but not limited to, easements of equitable servitude - PEC AL EXCEPTIONS; 1, The lien of the excise tax, if unpaid. General teres and assessments for the year ;1004, in an undetermined amount, which rnnot be paid until February 15, 2004. Parcel No. 191313-43533 Levy Code: 333 Affirm l A 3. General taxes and assessments for the year 2004, in an undetermined amount, which cannot be paid until February 15, 2004. Parcel No. 191315-43488 Levy elCode: 333 Affects: 4. Evidence of the .authority of the partners of V Cq e t cRidge ont u sin g, a limited agreementepartnerabip, to execute the forthcoming instrument. A copy of ny amendment should be submitted. DOC_, INDEX VG/ V>/ VY 11. Jw mala ALTA COMMITMENT TAVunt, orsa V1.V '� . 33914 r r cF Order No. �� 1....,F,a:�o7! i_Ql1ige�` c 9 -' 7 "..K;-, `..!', f Agreement relative ttsereiv, between � � `.��i4` .'� i � � ; � encroachment and the terms and conditions o a 5_ Pence n and_. s attached. drain pipe with Worden and Craig and Joanne GUhlke, a. - operating and maintaining on said City of Yakima for the purpose of laying, P enter into and up Easement to ingress • ith perpetual right to n„ r.. ,� right to use 6. a lines, y, grantors shall have ;.,,_ . 9 thethe right o theof purpose e o egress to said pta said pipe. The 9 u ose of laying and maintaining - P P ' that will not Interfere with the tends for cep round over said pipe lines far any purpose c surface of the ground and operation of such pipelines, as contained in instrument, Washington. recorded In Volume 3, maintenance records of Yakima County, In Volursse 331 of Deeds, At�diter's File No. 7i56G5, rc-� ,._..,� Cause No. '�'-2-Q1494-5, Stats of Washington, 7, Pendency of Yakima County Superior rou b of which 15 oaten '1� n Auditor's File t`Io- 2475271, being an action for the Lis Department of Ecology, Plaintiff vs_ (numerous named defendants), notice "°,,.'",.._ "- dPendenstion of h under Yakima County 9u_GJ 9Q 4e rights � divert, withdraw, or Oth�crSe`IS rOV 5�3r1SG�3f Chapters Ge Waters of � determination of the g Jr., Senior and 9 .44 Attorney for Plaintiff: Charles B. Rpe, Yakima River9D�¢IV�a5h8gton. inaccordancewith P t Revised C _ -' ,�,�,.� AttorneyGeneral) a,S contained herein i�.,._�� ffi date of the commitment, the except! n tract vends es, t NOTE it of the effective gainst the vestees, contract if disclosed by a judgment and lien searM, � a�� . . any,mattan, if oo purchasers, if any. aid_ any, and incoming P which have been P NOTE: General taxes for the year 2003 in the amount e $404.13, Parcel No: 191318-43533 Levy parcel A Affects: b �7r2.70; which h¢�e bean paid. NOTE General t~xes for the year 2003 in One �� aui « �� w� Parcel No: 191318-43438 Levy Code: ct Parcel B Affects:rre4_�. • r ADDITION TU NORTH Parcel A: L Legal: to of Lot 5, BIk 113,6, COLLEGE Parcel A: Leis 1, 2, 3 and 4 and ptn YAKIi B: "A"-22 and all Lot 15, Btk 136, COLLEGE ADDITION TO NORTH F a€ceI Pts of 13 and i ri �„ of YAKiMA, "A"-22 ro erty address is: NOTE: According to available information, property operty 98901 PARCEL A: 811 EAST"D STREET, y` 98 91 PARCEL B: 405 NORTH 9TH STREET, YAKIMA, END OF SCHEDULE B mitted ith contained herein has been description erived shom uld informationbe sub Swed NOTE The legal description the application and as available from the �cord �hls transaction. to assure it Beats the intentions of the p a cancellation fee will be charged to c❑rnPiy NOTE: In the event this transaction tails to close, with our Rate Schedule (sled with the Stata Insurance Co m 5e er. ASSISTANCE, PLEBE R YOUR ORDER. IF WE MAY DE FEL FEETQG 1VE US A CALL AT (509) 248-4442. DOC. INDEX 4 TIN,l 60(Sj,:/'J4 lt. Ji :Ifs t6JJ.2V't67 V6 ,MUVLJ.L• ALTA COMMITMENT Order No: X-183914 EXHIBIT','' C. 'j 97.004 On—ye, fl : f" Parcel A: Low 1, 2, 3 and 4 and that portion of the South 18,28 feet of Lot 5 lying within the Southwest 114 of the Southeast 14 of Section 18, Township 13 North, Range 19, E.W.M., all in Block 166, COLLEGE ADDITION TO NORTH YAKIMA, WT., now Yakima, Washington, as recorded in 'Volume "A" of Pats, Page 22., records of Yakima County, Washington. Parcel B: Lots 13, 14 sand' 15,;.Block 186, COLLEGE. ADDITION TO NORTH YAKIMA, W.T., now Yakima, Washington, as record'd in Volume "A" of Plats, Page 22, records of Yakima County, Washington, EXCEPT those parts of Lots 13 and 14 lying North of the South line of the Northwest 1/4 of the Southeast 114 of Section 18, Township 13 North, Range 19, E.W.M. END OF EXHIBIT A" 1 5e) trkl, • �a ry DOC. INDEX # ' 06/02/04 11:32 FAI 12533342762 VAU9.n.aN WIX skeich Es far pew aid 'n locafiNg barld refEsnma stree and ot `ler pr:21s. Wigs it Is batleved Th =led, the Cam any assumes nu Ubnity Fa: apy k4s =ming by rassdil of raw.= .tflereon. L.01 - 11'40' I 9 • ° 'Ca r ri aN. Range: i9 Township: 13 Section: 18 iliKt-Alui 44.)A, Yalma.C4.4-191/.09partmvert PQrcerView 1. This Map is maintained onl-y as an aid in the appraisal and asses* tit. of real property. The:Y Countv ps_ssessors INDEX J-1 VAUGHN BAY CONSTRUCTION COMPANY Exhibit List CHAPTER E DST Comments EXHIBIT # DOCUMENT DATE E-1 Request for Comments 1/13/05 E-2 Agencies Contacted 1/13/05 E-3 Comments from Scott Shafer, City Wastewater Division 1/19/05 E-4 Comments from Max Linden, City Wastewater Division 1/20/05 E-5 Traffic Information Request Regarding Right -of -Way Vacation of N. 9th Street submitted by Joan Davenport 3/1/05 E-6 Notice of Comment of Requested Traffic Information to Paul Page from Jeff Peters 3/1/05 E-7 Response to Requested Traffic Information from Paul Page to Gary CuiHier, Hearing Examiner 3/8/05 03/ 08/ 2 t 10,J: 14 ‚Q' Vi Gary Cuillier Yakima Urban Area Hearing Examziner Yakima City Planning Division 129 North Second St. Yakima, Wa. 98901 RECEIVED MAR 0 B 2005 CITY OF PLANNINGKIMDV� Dear Mr. CuiIlier, Joan Davenport on behalf of the 1 have received my copy of the letter prepared by Dept. of Public Works Trac Engineering Division. I was hoping that they would have addressed the practical realities of actually building this intersection, particularly with regard to the aligtunent, or lack thereof, of 9s` St, North and South of `D' St# To that end, I have taken the liberty to have my surveyor locate the existing end ofth at D St. and then draft in the location of 9t St. as it would exist if were opened. As you can see on the attached map, it would be virtually impossible for large trucks to negotiate this intersection without cutting through the on -coming lane of traffic. While cars could make it through, it would be awkward, at best. The other issues of safety and width of 9s` St. between. Lincoln Ave. and 'D' St. have been previously discussed. The availability of numerous points of access currently available and developable hoe previously been shown. I was also provided a copy of the letter from Mr. Ctildea. If it is inappropriate for me to continent on this letter at this time, I apologize and feel free to disregard the followixtg comments. 1 mistakenly understood that Mr. Cildea represented the htterests of Boise Cascade. Having reviewed the letter, 1 see that that is not the case., He presents the entity Haat owns the odd little rectangle that juts into the already vacated portion of 9h St. That entity also owns the frontage on 8th St and additional large tri to the north. When 1 was trying to negotiate with the Demers', I was told that i eelynn and Wiley Mt, was a Demers entity, so the lease would appear to be between thelves. Regardless of who leases from whore, itis important to note that the 36 acres into which 9s' St abuts is still owned by Boise Cascade, who, interestingly, remains silent i these proceedings. I just wanted to clarify that the major property owner of the land that 9th St abuts bas not objected to this vacation. Th81 you for your co sideration, Paul W. Page, VP Vaughn. Bay Construction, Inc. DDC. INDEX DEPARTMENT OF COMMUNITY AND ECONOMIC DeVELO;twIENT Planning Division Doug Maples, CBO, Code Admin. and Planning Manager ® www.ci.yakima.wa.us 129 North Second Street, 2nd Floor Yakima, Washington 98901 Phone (509) 575-6183 • Fax (509) 575-6105 March 1, 2005 Paul Page 1911 65th Ave. W. Tacoma WA, 98466 Subject: Notice of Comment on Requested Traffic Hearing Material. Dear Mr. Page: The City of Yakima Hearing Examiner has received the requested information with regards to the traffic engineer's professional opinion on the vacation of North 9th Street as of February 28, 2005. As of March 1, 2005 you have five business days in which to respond to the information submitted by the City of Yakima Traffic Engineer. Upon receipt of the :requested information or termination of the required time period, the City of Yakima Hearing Examiner will continue to process your application. If you have questions regarding this matter please feel to give me a call at (509) 575-6163. Sincerely, effPeters Assistant Planner DOC, iNDEX Yakima afl Ana•kaflh ,nor 1994 DEPARTMENT OF PUBLIC WORKS 2301 Fruitvale Blvd., Yakima, Washington 98902 Phone (509) 575-6005 MEMORANDUM To: Gary Cuillier, Yakima Urban Area Hearing Examiner From: Joan Davenport, Supervising Traffic Engineer Date: February 28, 2005 Subject: Information Request Regarding Right -of -Way Vacation of N. 9th Street The Yakima City Planning Division requested additional information from the City of Yakima Department of Public Works Traffic Engineering Division regarding the petition to vacate the undeveloped portion of N. 9th Street that is located North of East "D" Street. This area was platted into lots with the "College Addition" to North Yakima in 1889, indicating a 100 -foot right of way for North 9th Street. On + the Plat, f streets � the faceof sue � a�, portions of various iia the Vicinity are indicated as "Vacated" and a series of Vacation Ordinances numbers are shown. However, the area subject to this right of way vacation is not described as vacated. A subsequent plat, also entitled "College Addition" was recorded in 1892, subtitled "Map showing proposed location of fractional blocks 167 & 187" which indicates the vacation of the adjoining right of way for North 9th Street that is now within the Boise Cascade complex. Presumably, these vacations were to accommodate the lumberyard and mill that has existed in this area since the early days of Yakima — - �- RECEIVED MAR i� ,�+� 1 GUUJ7005 _ CITY Of YAKIMA PLANNING DIV. 1 The portion of North 9th Street subject to the Vaughn Bay Construction Right of Way Vacation Petition (City File ROW Vacation #4-04) is an unimproved, local access street. City records do not indicate that this area has received any maintenance such as grading or dust abatement, which would be common to gravel streets or alleys. The City of Yakima has no plans to develop a street in the area subject to this vacation, nor has there been any request to provide maintenance of this undeveloped street. While this area is platted and dedicated as a Public Street, it has never been developed, improved, used or maintained as a public street. Some mention was made at the public hearing on the proposed street vacation that future improvements to the I-82 interchange area may impact this street. I am enclosing a copy of the "Functional Plan, Alternative II, October 1993" that is of record indicating existing and future ramp and intersections in the area of I-82. None of these alternatives are in the vicinity of the requested street vacation. In closing, the requested vacation of the portion of 9th Street located North of D Street has no impact on traffic circulation. The City of Yakima has no official plans to improve this area. DOC. INDEX enclosures E- - Yakima Ci AII•AmerlwQtY Administration 575-6005 • Equipment Rental 575-6005 • Parks & Recreation 575-6020 • Refuse 575-6005 Street 575-6005 • Traffic 575-6005 • Transit 575-6005 1 t. LEGEND Existing mime Stage 1 Temporary elelerelle Ultimate Stage OTraffic Signal Future Signal Sidewalks Retaining Wall TQrL�s-C jQGr Vaca 99I. // // �l PROPOSb YAKIMA 1i AVEN4 RETAIL O if Q /j/ i11 /,o 11 ,;©Q ! p ,1 /////,b61013,,,11° /'©Q�� QDj(I0 i' I // I1 / 11 ii �9�Nil 1) e� ii i -------T-7::::::---7.----3', _—_—_—___ l �®�� gp �� il Iii j1 ,' N. 87j{gTAE�111� 11/) 11� ®ii ��� 1`__ _ ,ii ll`-- emi/ g 1, 11 1l ,:1 ,^--_ — _ r'i , 1 11 ,/Q kPPM© /�'O o 07/0 cf,J ® / � it /yam �j/ // ® /ti -'9 /1/ // ("1_11 //m / ]; // 11 YAKIMA GATEWAY Functional Plan Alternative 11 cJ 4I- 1(L o October 1993 in assoc,ation with HUIBREGTS 1 E, LOUMAN ASSOCIATES, INC. • • r • 1 inch equals 200 feet Aerial Photo Flown 4-29-04 City of_, Washington Dept. of Public Works 2301Blvd, Yakima, WA 98902 • Vicinity of Request to Vacate Portio • of N 9th Str CITY OF YAKIMA REQUEST FOR COMMENTS DEVELOPMENT SERVICES TEAM I • .. _11.1 - . - January 13, 2005 • RECEivPn JAN , �' ?Th PLANN r �,;,...,,1 1NG DIS, -F.-ROW-Jeff Peters, Assistant Planner SUBJECT: UAZO RNV Vacation #4-04 : Vaughn Bay Construction : Paul Page PROPOSAL: Vacate Platted Right -of -Way on N. 9th Street. LOCATION: 811 East D Street. PARCEL NUMBERS: 191318-43488, 43488, 43533 & 43489 Please review the attached site plan and prepare any written comments you might have regarding this proposal. This project will come up for discussion at the weekly DST meeting to be held January 26, 2005 at 9:30 a.m. As always, should you have comments, but find you are unable to attend please submit your comments prior to the meeting. My e-mail address is jpeters @ci.yakima.wa.us and the Planning Department's fax number is (509) 575-6105. Should you have any questions, or require additional information, please call me at (509) 575-6163. COMMENTS: ,e4i.(//(/p-a/ Contact Filed Hearing Examiner EXH # pate d.v File# GJ VA' • _d D; partment / Agency RECEIVED JAN 1 9. 2005 CITY OF YAKIMA PLANNING DIV. TQM a CITY OF YAKIMA REQUEST FOR COMMENTS DEVELOPMENT SERVICES TEAM. Scott Schafer Wastewater/Utilities January 13, 2005 - City of Yakima Development Services Team -MUM:-Jeff Peters, Assistant Planner SUBJECT: UAZO RN' Vacation #4-04 : Vaughn Bay Construction : Paul Page PROPOSAL: Vacate Platted Right -of -Way on N. 9,h Street. L OCATInN: 811 East D Street PARCEL NUMBERS: 191318-43488, 43488, 43533 & 43489 Please review the attached site plan and prepare any written comments you might have regarding this proposal. This project will come up for discussion at the weekly DST meeting to be held January 26, 2005 at 9:30 a.m. As always, .should you have comments, but find you are unable to attend please submit your comments prior to the meeting. My e-mail address is jpeters@ci.yakima.wa.us and the Planning Department's fax number is (509) 575-6105. Should you have any questions, or require additional information, please call me at (509) 575-6163. COMMENTS: .Alo cort�lEQ1 Contact Department / Agency L 6 7 7L DOC. INDEX DST PACKETS DISTRIBUTION LIST Applicant: cvii)!ii Aav UAZO# Li- 0 Date of Meeting: 2-o City of Yakima Divisions / Yakima County Planning & Public Works: Codes -?3) Codes L.,'" Codes 1.1,83! Water / Irrigation Mike Shane Doug Maples Sandy Cox 'Or Jerry Robertson •--rvm 15 Parks & Recreation 17 Transit 19 Police Dept. astewater/Utilities Max Linden 4,koTair A.,71,117.1MiirdsT#77,M577,,,..„ ir Fire Dept. Lanny Bonsen Joan Davenport Denise Nichols 7,11 wt. —,417,11 Gary Pira Ben Hittle - erg Nancy Fortier = Steve Erickson , ne. efuse 23 Yakima County Planning Other Agencies: '11 1 Nob Hill Water aANKIECENEt 23 WA State Department of Ecology Mac ..3.ALetr ascade Natural Gas Co. rs 29 West Valley School District #208 cP A) -eaji 31 County Clean Air Authority r.INME3R1,,,X6 33 Yakima Greenway Foundation 20-1,414:014,,a; 35 Yakima County 911 177.01 tarnret 37 Department of Wildlife *trialtakr4 Preston Shepherd 4. 6111 Tieton Dr. 98908 e ° Debbie Smith Mike Paulson Sheila Ross Peter Ansingh Les Ornelas -4.7- tVg&I. K6r Al Brown Wayne Wantland 16,V(140410:1-17e— 15 W. Yakima Ave. Suite 200 98902 39 WSDOT(Department of Transportation) 41 Yakama Indian Nation SIKKWAIRKOZO 43 Trolleys 7,075092F. Rarer 45 WSDOT, Aviation Division Ted Clusing Salah Al-Tamimi Ece, gafrnct Bill Beckley Jerry Henderson 0 - . 701 S. 1st Ave. Yakima, WA. 98902 8902 Zier Rd. 98908 '71 6 S. 2nd St. Rm 1016 IreaTela 111- S. 18th St. 98901 tashng YPD John Shambaugh o G 0 .4t41 1701 S. 24th Ave. 98902 16-7t714`' i4-47s?'21309 Rudkin Rd. Union Gap, WA 98903 - e P.O. Box Box 151 Toppenish, WA 98948 - 309 N. 35th Ave. 98902 3704 172nd St. NE, Suite K-2 98223 CITY OF YAKIMA REQUEST FOR COMMENTS DEVELOPMENT SERVICES TEAM January 13, 2005 TO: City of Yakima Development Services Team FROM: Jeff Peters, Assistant Planner SUBJECT: UAZO R/W Vacation #4-04 : Vaughn Bay Construction : Paul Page PROPOSAL: Vacate Platted Right -of -Way on N. 9th Street. LOCATION: 811 East D Street. PARCEL NUMBERS: 191318-43488, 43488, 43533 & 43489 Please review the attached site plan and prepare any written comments you might have regarding this proposal= This project will come up for discussion at the weekly DST meeting to be held January 26, 2005 at 9:30 a.m. As always, should you have comments, but find you are unable to attend please submit your comments prior to the meeting. My e-mail address is jpeters@ci.yakima.wa.us and the Planning Department's fax number is (509) 575-6105. Should you have any questions, or require additional information, please call me at (509) 575-6163. COMMENTS: Contact Department / Agency DOC. INDEX VAUGHN BAY CONSTRUCTION COMPANY Exhibit List CHAPTER F COMMENT LETTERS RECEIVED EXHIBIT # DOCUMENT DATE F-1 Letter from Gary Lukehart, Chinook Business Park 1/27/05 F-2 Letter from Jeff Demers, Yakima Resources, LLC 2/14/05 F-3 Letter from Louise Worden, P.O. Box 278 Naches, WA 98937 2/21/05 F-4 Letter from Craig & Joann Guhlke, 901 East "D" St. Yakima, WA 98901 2/17/05 F-5 Letter and Site Plan from Paul Page, Vaughn Bay Construction Co. 1911 65th Ave. W. Tacoma, WA 98466 2/24/05 F-6 Letter from Larry O. Gildea, 324 E. 12th Ave. St. 2, Eugene, OR 97401-3274 2/23/05 F-7 Letter and CDBG Target Area Map from Bill Cobabe, City of Yakima, ONDS Manager to Sue Baker, Cascade Affordable Housing Coalition 1/13/05 F-8 Letter from Bill Cobabe, City of Yakima, ONDS Manager to Sue Baker, Cascade Affordable Housing Coalition 2/24/05 F-9 Letter from Lupita Gutierrez -Parker, Yakima County Coalition for the Homeless, 107 S. 6th St., Yakima, WA 98901 1/15/05 F-10 Arterial Street Map submitted by Paul Page, Vaughn Bay Construction Co., 1911 65th Ave. W., Tacoma, WA 98466 2/24/05 F-11 Existing Access & Frontage Map submitted by Paul Page, Vaughn Bay Construction Co. 2/24/05 F-12 Yakima County Assessor Map submitted by Paul Page, Vaughn Bay Construction Co. 2/24/05 F-13 Letter from Bev Luby Bartz, 114 N. 7th St., Yakima, WA 98901 4/7/05 Yakima City Council R/W VAC#4-04 1TY OF YAKIMA CODE ADMIN. DNIS1ON P EC'vD ❑PAID FAXED D FYI D We were apposed to the "giving away" of our land to Ms Worden when she applied to have this land vacated and we are still apposed to the "giving away" of our land now to Vaughn Bay Construction. Just a quick reminder: Ms Worden is the property owner who had to put up a six foot cyclone fence all the way around her property to protect her property from her neighbors because we were "drug dealers and prostitutes." Vaughn Bay Construction is the firm that renovated an apartment house, called it a hotel, .and -claimed that there wouldn't be -any need for - parking because all the residents would be low income seniors and "seniors don't drive." In fact, the residents in this apartment house that is called a hotel are not necessarily seniors nor low income and many have cars that they drive. The vacation of the undeveloped No 9th Street north of East D Street would close off the southern access to the land that is now a parking lot for what is known as Boise Cascade. Without this access the land to the south east end of this large parking lot could be land locked. Land should not be like water, where you have to use it or lose access to it. Diversity is a word that is used extensively in the City of Yakima's Federal Enterprise Community Strategic Plan of June 1994 and in Yakima's Growth Management's Urban Area Comprehensive Plan of April 1997. This area needs a lot more non -low income residents before it can obtain the desired diversity referred to in each of these plans for our future. We need more apartments. We also need more low income apartments. But we must be very careful, with a eye on the future. Because this vacation would decrease the future use and thus the value of neighboring property and because the proposed construction, that is in conjunction with this vacation, is in direct conflict with our Federal Enterprise Community Strategic Plan of June 1994 and our Urban Area comprehensive Plan of April 1997, this request should be denied. 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Of. to rr (Ro,,, Ascend Maur... 2.59 Property 1... LiACIhr6+plus YokintgCuuo..• •;-• r 3: J1 CITY OF YAKIMA, WASHINGTON VICINITY MAP FM 5 Tim 6 ACCESS AAJO Froh,TA.‘E MLE NO: R/W VAC #4-04 APPLICANT. VAUGHN BAY CONSTRUCTION \ REQUEST. VACATE A PORTION OF NORTH 9TH STREET \ifk *1/41 Subject Property �.. , Yakima City Limits scale —I in = 400e F-61 �ECi�iVE[� Fff6 2 4 2005 CITY OF ygKIMA PLANNING DIV. REC. rB 2 4 2°05 • • Sao Nirli ISM [!! i, turraia [lll t[ll�'1.. �U IMM ia11111ui�A1ltt I1O! dia.., ,�� �� mill P 1�i�i i RiiUIIfi. _w m A : 11 r . l 1 IIIIIIII 1;I[' 1' luau [[L �1 ��L���l��� NIU4�tstrt�ttttllil nn1IIII Jpup! .p44.. minimum _ �IIIIA it +�t� 11111111,r1'e. x`111111113 11111111— IIIl NI ii111in u11UIrAllll n,tl Ifi1111IIL:1 IIIIYI� W . i R! I1' I: �J rT IIIll1 II6M:ITt1I IIIIIIII! 1/111111 1 �� mon 11� l#III�I�IIIIIIII`IIIIIIIII 1 f lA!llllAIA11 111111111 ,�„ :,- ,_:.. ••�.; r r . � KINPUNIAIRMIllk iu*_'�Aiuipullrlliiull 111111 raw i . �IIII11Ifl1 ':< IIII IW Functional Classification q/Arturtal Str.th ,wain+.._r......Y. LM S Imam M, .J,m..1,.x„ .N..41•4w1...4 .... ix...wl N 14.1.4 W...N.v.... M.n Mom, o.....1.11.4 u....Jr�o....141w Ow...r n....m r....ro PI. J•..rr....sw.p. Al for Y. rally ..w City of Yakima City Hall 12.4.11$8.4 SP. 14x.. poosnSp ra.. 40054N. Sub n,, tfea" 4y Pac�a y/C.S" i">AIIKf!NA L -,©to (COY cCOALII'C©% (67 Ohs NOWIuLErg� 107 So. SIXTH St. YAKIMA, WA 98901 (509) 457-4475 January 15, 2004 Ms_ Sue Baker Cascade Affordable Housing Coalition 191165* Ave. West 'racoma, WA 98466 RECEIVED FEB 24 2005 CITY OF YAKIMA PLANNING DIV. RE: Washington State 'lousing Finanee Commission 1.ow-Income; Housing Tax Credit Program Please accept this as a letter of agreement from the Yakima County Coalition for the Homeless (YCCH) for w collaborative project to provide fransitional housing screening, t 1 r aJs and supportive services to those homeless clients (as defined by the Stewart 1-1. McKinney Homeless Assistance Mt) at the facilities you will build itt the City of Yakima, also known as the Tart Ridge Project. Our understanding is that there will be five units availably; for the homeless. We agree to provide rel.t'mtls to this project and to screen other applicants who come front other sources: Referrals will Brame from clients in our Emergency and Transitional housing programs as well as "wails -ins" from the community at large. We currently have transitional housing in Yakima, Wapato, Toppenish and Harrah. The addition of housing for tlx: homeless in Yakima would greatly enhance the.continuuni of housing resources available to the homeless and low income individuals and !families in the Yakima area. Our typical client is a homeless family with children. Often, there have been repeated incidences of hotnele54iiess:auunig to the existing crises in housing. Many of our larnihes have agricultural/seasonal food processing work as their primary source of income, especially in the Yakima atx.a. Often our clients have stabilized and begun to improve their self-sufficiency, and yet are unable to find of ordabie housing that allows thento take the next step of reintegration into the housing market. Our goal with this collaborative effort will be to provide stabilizing and supportive serviexs, including case management to homeless families moving into the East Ridge project with the end of assisting these families to obtain lung -term self-sufficiency, improved income, and the ability to sustain their residency in permanent housing. We are looking forward to working with this project as we partner in addressing homelessness in the Yakima Valley. Sincerely,t Luna Gutierrez -Parker Interim L)irecctor DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Office of Neighborhoo evelopment Services 112 South Eighth Street Yakima, Washington 98901 Phone (509) 575-6101 • Fax (509) 575-6176 RECEIVED Bill Cobabe, Manager FEB 242005 CITY O1= YAKIMA PLANNING DIV. Sue Baker Cascade Affordable housing Consultants 1911 65th Avenue West Tacoma, WA 98466 Dear Ms Baker: I was pleased to learn of the proposal to develop additional affordable housing in the Yakima area using the tax -credit program of the WSHFC. The City of Yakima has significant unmet need for affordable housing that these two projects will help address. We welcome the opportunity to partner with the private sector in serving the low-income residents of Yakima. In recognition of the need to concentrate resources in the most distressed portion of Yakima the City Council a number of years ago created a redevelopment Target Area. This is all of Yakima east of 16th Avenue. This office is charged with promoting redevelopment efforts within this area. Our 5 -Year Plan for the Target Area includes a priority for the development of additional affordable housing, both rental and homeowner. Much of our existing housing is over 50 years old, and does not meets current standards. Severe deterioration is common, with families living in buildings that need to be replaced. Unfortunately, given current economic conditions in this City there is insufficient profit incentive for the private sector to do this work on their own. For this reason we are pleased to learn of the proposal for tax -credit assisted housing. The two proposed projects, located at Spruce and Fair, and 9th and E will serve some of the most distressed neighborhoods. There is especially great need for low and very low-income apartments that will serve larger families. So the proposed 3 and 4 bedroom units of these projects will be very welcome. I have spoken with Dick Allen, Director of the Yakima Housing Authority about these projects The Housing Authority owns units in both these neighborhoods. Dick agrees that there is substantial need for additional affordable housing, especially based on the condition of current housing inventory. Data currently available from .a variety of sources document the growing population of low- income families locally. Incomes have not kept pace with rising rents, resulting in people spending far more than is proper for their housing need, while young children are growing up in housing contaminated with lead paint and very limited amenities. As additional evidence of the poverty of this area, the portion of Yakima where these projects will be located has been designated as a Federal Renewal Community. Sincerely, \f (A Bill Cobabe, ONDS Manager Yakima DEPARTMENT C'F rnitIMUNITYAND ECONOMIC DEVELOPMENT Office of Neighbopho. Development Services 112 South Eighth 3treet Yakima, 'Washington 98901 Phone (509) 575-6101 Fax (509) 575-6176 Sill Cobabe, Mant r'er January 13, 2004 RUA Puitcpr Cascade Affordable Housing Consultants 1911 65t Avenue West Tacoma, WA 98466 Dear Sue, RECEIVED FEB 24it- CITY t._� oITi Y.OF YAKIMA PLANNING DIV. Several years ago the City c,f'? Yakima designated the oldest portion of town as a redevelopment target area, This area includes those census tracts that have the highest poverty and unemployment rates. The area is also home to the highest concentration of ethnic minorities. Almost all of the housing stock in this area is over 50 years old, and much of it is dilapidated. Recently we were successful in having this area receive Federal Renewal Community designation. The intent of these efforts i.• to concentrate our planning and projects in those areas that have the greatest need of as: listance. It is therefore very pleasing to learn that both of your projects are located within this redevelopment area. Thank You, • Bill Cobabe ONDS Manager Yakima blittrit'tjJt 149i !11 /1A//1A WWII 1A•fl9 Pry /AY Nil F1 R11 F - low 32 11.111111111111 MEIa .. i1aftiNE '!iIIA r"Ik r X1/1 Al E ar=r i uh1i'�� ,,1,i1151`kr I=!�a' •111rt - 111 1�. i 4$ NINNINV4i. •po 7413--, it',5t . t 0 MIALSOMMEN lictirolir;vi f3% villi -- am g ni . TM 3,1i j 1 �'1,t ��� _I `�MIin Iii•iiII1_� IIIII I for !a .4 �� • to I Ilt°i.i uinG! 1 illI,IIII kit* 1rI1 it �ll'i�lII Inr��� Jil iii AIL! i n u. I1 I I I I) iii .1flu1 IF, I� NUL hili 111'�11II 1 II t U 1I1.1i •IRPPI =� IIIIII 11'""' !'I Ru I ill \ \ : �'. IIItI #=_._ ._ il, f�'Ui1 Ili =— �I 16 CD BG Targe Area Laky / Ram -volts mom City Limits " Railtoed Line ® Census Tracts t 04 Y .4 1►• °,,o �! Scate -lin = 3500 i 0 1750 3500 Crrtue4: Ant • a N. rC FEB -23-2005 15:43 Lorry O Giidea VIA ?ACSIMILE 509-576-6646 page(S) MCD' -1AL BROTHERSy�pa d p LARK 0 s . GILDEA Attcznay at Law 324 East 12th A -venue, Suite Eugene, Oregon 97401.3274 Telephone (541) 342-1771 File:lhniie (S41) 895.8787 February 23, 2005 Doug Maples Building Codes aid Planning Manager city of Yakima Department of Community and Economic Development 129 North 2nd Street Yakima, WA 98901 541 895 8787 P.02 Wendy Mechlin( Legal Assistant Re: Petition for Partial Vacation of North 9th Street Right -of -Way Vacation No. 4-04 'HoarMr_ MA1 AA, _ rn_ I represent LeeLynn, Inc. and Wiley Mt., Inc., owners of the Property at 805 North 7th Street in Yakima. My clients both object to the Petition to Vacate North 9th Street or any part of it for the following reasons: 1. LeeLynn, Inc. and. Wiley Mt., Inc. have leased the Property to Yakima Resources, LLC. When the Lease was signed, the parties understood that North 9th Street was a public street and that Yakima Resources would have - access from any point on North 9th Street to the leased premises. The proposed vacation of a portion of North 9th Street would restrict Yakima Resources' access, thus impairing the ability of my clients to perform their obligations under the Lease Agreement, 2. Partial vacation of North 9th Street will reduce the value of the Property, My clients would, in that case, look to the City of Yakima for just compensation, 3. Vacating North 9th Street will impair my clients' ability to use the Property for its highest and best use. FE3-23-2005 15:43 Doug Maples February 23, 2005 Page 2 of 2 MCDC 1L BROTHERS 541 895 8787 P.03 My clients have authorized Jeff Demers of Yakima Resources, LLC to present this letter and to speak on their behalf at the public hearing on February 24, 2005. We ask that you make this letter a part of the record of the hearing. Thank you. LOG : mt cc: Jeff Demers TOTAL P.03 02x'2 1 in �,6..�iiu5 i:cu FAX i253564e7$2 i'iiUGHN BAY VAT TaTTN, RAYriNC ' T TC'TTC N TNTC, 1911 65H-' Avenue West * 1 azonta. W A 98466" Phone (253) 460-3000 Fax (253) 564-2762 a For Your Info. Date: CI Urgent — Reply ASAP To; PeicevS Phone: 1 From: Re: Pages Including Cover: Comment: QL_.P 1A) --��: ow d 1eklook Ok-A Fax: a Please Reply ret V AcQ_PrT 02/21/05 17:20 FAX 12535642762 VAUGHN BAY Jeff 'eters City of Yakima Planning Division 129 No. 2nd Street Yakima, We. 98901 L1002 MAR 0 7 2005 UI l Y Ur• YMitai. -. PLANNING DIV Dear Mr. Peters, Thanks for your call to let me know of the probability of a change` in the staff recommendation to vacate this portion of 9th Street. Having had the opportunity to review the objections of Demers and Lukeart, I offer the following. Demers wants to reserve 9th for a "major access" for their log trucks. The problems with this proposal are many. 9th Street is only 40 feet wide, curb to curb. It is an unclassified residential street. 8th Street on the other hand is a classified collector arterial. Isn't that where the majority of the traffic belongs? The only reason I can see for the tricks currently running up 9in street is the avoid the light at 8rn and Yakima. When spoke to Demers, he indicated that approx, 200 trucks a day enter their yard. If this short piece of 9th Street were to be opened, those 200 trucks would also drive right through the middle of this multifamily zoned property. How this could possibly involve "less traffic impact" according to Demers, is difficult to understand. The Demers entities only own 50% of what lies at the end of 9th Street The other half is still owned by a Boise Cascade entity. Demers does have a long term lease on the balance but there appears to be a reason for them not to buy it. The letter from Lukeart eludes to the fact that there is a solid waste problem that Demers probably doesn't want to own until it is cleaned up. This could be a lengthy costly process that could require the cooperation of City, State and Federal agencies. Lukeart refers to some future joint development with his, Jeld-Wen aed the Demers' properties_ While this prospect has some distinct possibilities, it begs the question of why, with all that frontage on Fair Ave and easy access to the freeway, they would want to route traffic through several blocks of residential neighborhood to access such a development. Individually, these properties have multiple accesses. G st„ F st.,E st., D st., Lincoln Ave., N. le St, hundreds of feet frontage on N. 8`s.,and hundreds of feet frontage on Fair Ave. Collectively, the access possibilities are limitless. Our proposed project (a site plan is attached) would utilize the property as it was intended, multi -family. It would provide a. solid buffer for the single family neighborhood to the south from the industrial use to the north. This project is consistent with the City's revitalization plan and would convert vacant, littered land into new, tax paying housing. We have been awarded federal tax credits to develop this property. They are the same type of tax credits that we used to breathe life back into the Commercial Hotel, in downtown, where 52 households of Yaldma's Senior Citizens now call home. Please consider allowing us to do the same at this location. ely, aul W. Pag VBC Eastrid CNI Cp CO an uc CV +-t L4 CO CV *i CV CV CO • A • aftro 4 � 3. 0g 308 axes _ 3.o 3,034 _ '' of PO' 7 16 r , } { i \ 1 1 2D x25 / 071-01.11---:§C"--/-. !� REC./ OFFLCE 26 UNITS 51 STALLS ,•1X•0• 1 Or BORE , . 1 NIMMIM ammif•tal at -I. ca C ri i SETBACK i • .. .. �WIN *50/I ,Y 380.15° S. D STREET Dick Zais City Manager Dear ais, 9th street vacation fieezive �PE8482o osA JTy L441A164/1,111,1 Febuary 17,2005 it has recently been brought to my attention that Yakima Resources Corporation is objecting to the street closure of 9th street at East "D" Street. We have lived at 901 E. "D" Street for the past 15 years. As there are no offices at the south end of the lumber yard, we are assuming they want access for the huge logging trucks. Boise Cascade had been using 8th street to bring in their logging trucks. Eighth street is an arterial and designated truck route and the Corporation has a large access there. Nineth street is a narrow residential street with many families and small childen. The school bus stops at 9th and E. "D"street. Access to the part of nineth street purposed to be closed is like a driveway, not like a street, and is off set to 9th street. It is a dead end and the vacant property attracts transients. This area could use more afordable housing and would be a nice addition to the neighborhood. Sincerely, / n rake Joann nn Guhlke 901 E. "D" Street Yakima, WA 98901 (509)453-3291 Page 1 Mir. Doug Maples Building Codes and Planning Manager Dept of Community & Economic Developement City Of Yakima 129N 2nd St. Yakima, Wa. RECEIVED FEBa FEB 4 2004 CITY OF YAKIMA COMMUNITY DEVELOPMENT �- - 3 P.Q. Box 278 Naches, Wa: 98937 Feb, 21, 2005 To: Bill Cook, Director Dept. Of Comrnunity® Re: The petition for the partial vacation of N. 9th St where it is North of East "iD" St. It was my understanding that for the ten plus years that I owned the vacant lots purchased from Boise Cascade, that the property line between me and them was the chain link fence. During the time I owned these lots the City of Yakima was agreeable to walk me through the process of vacating this portion of N. 9th St. during the early 90's because I was contemplating a women's shelter complex that would require my using the dead end street area. At this point improvement to these vacant lots would be appreciated by all. • North 8th street has been THE established arterial to service the mill for about 100 years. It is much wider than North 9th street, and while I wish the trucks_ the mill noise and the constant mill dust and smells were elsewhere, the mill has been there providing jobs for about 100 years. I have no doubt they are on their way out with all the new environmental restrictions, There is no way the residents on North 9th St. are going to want loud, fast moving logging trucks on that narrow street. Why should they have to adjust to such a dangerous temporary use of that residential street when N. 8th St. was built to handle the traffic. Paul Page has a plan to improve our neighborhood and the ability and backing to execute that plan. I think we should recognize progress when it comes along and when possible help it to happen. Isn't that what tax paid public servants are all about? An antiquated lumber mill that is 100 years old, makes smells and creates fallout that ends up inside the houses of every home in N.E. Yakima cannot and will not remain inside the city limits much longer. A city in which the tax payers take pride in their homes and communities, and want their children to grow up healthy would not want to subsidize a business that is putting pollutants in the air which causes and or aggravates breathing disorders. I know about this. I've owned 21 units of apailinents adjacent to this mill for 23 years. It's hard for me to understand how the long term best interest of the City Of Yakimacould be best served by prolonging the death throws of the mill by jeopardizing the lives of the residents and their kids on a street too narrow to hazard the logging truck traffic. Kids shoot hoops, play catch and tag on N.9th street. I think it is time that the City Planners, City Manager, City Counsel of Yakima should realize they are not paid to play chess with peoples lives. They should listen to all the people all the time and be responsible to these people who pay their salaries with tax dollars and act in a way that benefits the whole community to the best of their ability. I'd like to see a better Yakima. (�L(is Q, \ ,104/:5,01.-t) � Cc:Dick Zais & Bill Cook Sincerely, YAKIMA RESOURCES, LLC P.O. Box 1729 Yakima, WA 98907 February 14, 2005 Mr. Doug Maples Building Codes and Planning Manager Department of Community and Economic Development City of Yakima 129 N 2nd St. Yakima, WA 98901 RECEIVED _CII Y OF YAKIMA COMMUNITY; DEVELOPMENT RE: NOTICE OF PETITION FOR THE PARTIAL VACATION OF NORTH 9TH STREET. RIGHT OF WAY VACATION #4-04 Yakima Resources, LLC would like to take this opportunity to record our objection to the petition to vacate a portion of North 9th Street. We do so on the grounds that North 9th Street is a logical major access route to our property. At present, log trucks delivering logs to our facility approach on North 9th Street, turn left and complete their approach to our log yard on North 8th St. A more direct approach, involving less traffic impact, would be to continue down North 9th Street and directly enter the property. We would like to preserve this major access for that purpose, as well as for possible future expansion and development of the operations and property. Sincerel Jeff Demers Vice President Cc: Dick Zais, City Manager Bill Cook, Director, Department of Community Q( is:T 74. v.,t ,,,., \x;;\ QRQf 1 6 Phnne (509) 453-3131 a Fax (509) 457-7204 11 CHIAIOOK ewicibtedd .► vivi yrW January 27, 2005 Mr. Doug Maples Building Codes and Planning Manager Department of Community and Economic Development City of Yakima 129 North 2' Street Yakima, Wa 98901 FEB 0 7 2005 PtAiuniitt/A RE: NOTICE OF PETITION FOR THE PARTIAL VACATION OF NORTH 9TH STREET. RIGHT OF WAY VACATION #4-04 Throughout the year 2003 to present day, there have been a number of conversations with Frontier Resources, LLC, the purchasers of the Boise Cascade properties, in terms of future developnnent of the south east portion of their property. Bill Cook and Glen Rice have discussed the solid waste on the property and the possibility of using Brownfield funds for the mitigation. Jeld-Wen has made the decision to move their business to a new location. With the two Jeld-Wen parcels being vacated, in conjunction with my property along Fair Avenue, we could do a major commercial development. With these discussions under way, I think it would be a mistake at this time to vacate the major access for this new commercial development we are currently proposing. Do not vacate North East 91h Street. incerely, Gary Lia ; ehart Cc: ,Greg Demers, President Frontier Resources LLC Dick 2:ais, City Manager 'Glenn: Rice, Assistant Manager Bi11 Cook, Director Department of Community And Economic Development 1.n ,1111„. (111/5/11.3111,1.121. hi; ..t (:ofi il!:!4 ,i!ti±i:.. v.:4..!p„h ..rsl `DOC» INDEX i 1 1901 North 4th Street, Yakima, WA 98901 Phone: (509) 574-3889 Fax: (509) 5 74..3891 e-mail: cbp@transedge.com VAUGHN BAY CONSTRUCTION COMPANY Exhibit List CHAPTER G NOTICES EXHIBIT # DOCUMENT DATE G-1 Notice of Petition and Hearing 1/13/05 G-2 Adjacent property owners within 500' notified 1/13/05 G-3 Affidavit of Mailing 1/13/05 G-4 Posting of Property Certification 1/20/05 G-5 Notice of Re -scheduled Public Hearing 1/27/05 G-6 Adjacent property owners within 500' notififed 1/27/05 G-7 Affidavit of Mailing 1.27.05 G-8 City Council Agenda Statement and Resolution No. R-2005, fixing Feb. 24, 2005 as the date for Hearing Examiner public hearing 2/1/05 G-9 Affidavit of Posting of Resolution fixing time of public hearing 1/20/05 G-10 Legal notice 1/27/05 G-11 Affidavit of Publication of Legal Notice 1/27/05 G-12 Hearing Examiner Agenda 2/24/05 G-13 Hearing Examiner Sign -In Sheet 2/24/05 G-14 Notice of Hearing Examiner's Recommendation to the Yakima City Council 3/30/05 G-15 Hearing Examiner Parties of Record Notified 3/30/05 G-16 Affidavit of Mailing 3/30/05 G-17 Agenda Statement setting date for City Coucil hearing on 4/19/05 4/5/05 G-18 Property owners within a 500 -foot radius of site, and parties of record notified by City Clerk's office of City Council public hearing on 4/19/05 191318-43499 VIOLET KITTELSON 305 N 9TH ST ?MA, WA 98901-2527 1 318-43538 YA MA CITY 129 2ND S YAKIWA. i 8901-2613 71 labels printed for map shee yraie Kittlescn 1EYN4 D5 N. 9th St. 'alias., WA 98901 eff Demers, Vice President akima Resources, LLC .0. Box 1729 akima, WA 98907 Luby Martz N. 7th St. (akima, WA 98901 'remtra Williams 315 N. 9th St. ?akima, WA 98901 191318-43423 WALDO & ROSA HERNANDEZ 313 N 7TH ST YAKIMA, WA 98901 bpita Gutierrez -Parker 191318-43536 YAKIMA COUNTY COALITION FOR THE 107 S 6TH ST YAKIMA, WA 98901 i Sly, P.E. tglta�3, Sd-midt & Asscc. 2706 River Rd. Yakima, WA 98902 Bill Cobabe City of Yakima, ONDS Maud Scott 307 Union St. Yakima, WA 98901 191318-43420 WOODROW D MALONE TR PO BOX 131852 SPRING, Texas 77393-1852 Larry 0. Gildea 324 E. 12th Ave. Suite 2 Eugene, OR 97401-3274 Doug Gray P.O. Box 510 Yakima, WA 98907 Mary Hernandez 1212 S. 14th Ave. Yakima, WA 98902 3v( a„a ya -cti--e/wz z//9A', DCC. INDEX 191318-43466 ALT("V M. GWT1CSTROM 306 5 76TH AVE YAKIMA, WA 989081578 191318-43404 ARMSTRONG RENTALS LLC 81 KODA DR SELAN, WA 98942-9624 19 318-43424 BIG ILL INVEST T LLC 4619 CENIC D YAKIMA, WA 98)08 191-18_43497 aAROL LE PAGE 309 N 9TH ST YAKIMA, WA 98901 191318-43469 :LAYTON L & FRANCES COLEMAN PO BOX 68 YAKIMA, WA 98907-0068 1318-43934 7A YL G & J 306 10TH b'T CAKI WA 98901 L91318-43402 ,T )06 AS H. LEM'oN ?O Bo' 541 CAKIMA;_ 9x'907 L91318-43535 3RNEST J & PREMETRA WILLIAMS 315 N 9TH ST YAKIMA, WA 98901 _91318-31534 RANK L. WESTCOTT 101 EAST E ST. CAKIMA, WA 98901 .91318-43460 ;UILLERMINA ESCAMILLA ;14 N 9TH ST AKIMA, WA 98901 191318-43411 ANGEL OCHOA 407 N 7TH ST YAKIMA, WA 98901 191318-43451 BARRY G MUELLER 401 N 7TH ST YAKIMA, WA 98-9-01 19'318-41001 BOICASCADE PO B+ • 51 YAKIMA, WA 9.907 Gary Lukehart 191318-43003 CHINOOK BUSINESS PARK LLC 1901 N 4TH ST YAKIMA, WA 98901 191318-43489 CRAIG A & JOANN K GUHLKE 901 E D ST YAKIMA, WA 98901-2422 191318-43452 DOROTHY BURKHART 415 N 7TH ET YAKIMA, WA 98901-2410 191318-43410 EFRAIN & ANGELICA VARGAS 409 N 7TH ST YAKIMA, WA 98901 191318-43403 A1vTON1O & ROSALINDA RAMOS 410 N 8TH ST YAKIMA, WA 98901 191318-43422 BIG HILL INVESTMENT LLC 4619 SCENIC DR YAKIMA, WA 98908 191318-43448 RIAN K & TVISTrEI .14I ONES 05 SUMMITVI AVE Y IMA, WA 9 908-1153 19-.318-43491 CIH OOK BUS 190 N 4T ST Yi?KI a, W:• 98901 PARK LLC 191318-31522 DARRELL JR & LAURA L ARD 508 N 8TH ST YAKIMA, WA 98901 191318-43401 DOUGLAS H. LEMON Dh Tanx 5A1 YAKIMA, WA 98907 191318-43418 ERICA VARGAS 310 N 8TH ST YAKIMA, WA 98901 191318-43468 191318-43419 FERNANDO E & ERIKA E ZAZUTETA rantm & ROSELIA MORA 305 N 8TH ST 312 N 8TH ST YAKIMA, WA 98901 I YAKIMA, WA 98901 191318-43408 GENARO M HERNANDEZ 413 N 7TH ST YAKIMA, WA 98901-2410 191318-43458 GEORGE E III COSON 915 S 1ST ST YAKIMA, WA 98901 191318-43400 191318-44022 HAZEL M DERR WEATHERS JELD-WEN INC 605 LOCUST RD PO BOX 1329 _ YAKIMA, WA 98901-9762 KLAMATH FALLS,j; gon 9,.u1 p� M Norisj4 :4 1Y, _ 91318-43461 191318-43470 191318-43456 �" YCE MILLER LARZARD ET AL DELGADO LEANNA M & RAFAEL-FUENTES Ra 2 ORCHARD LLAGE E 301 N 8TH ST 302 N 9TH ST [ANC . RTF:_P._, i 56nUY'1 63021 YAKIMA, WA 98901 YAKIMA, WA 98901 91318-43455 ZANNE M RODRIGUEZ 02 N 9TH ST AKIMA, WA 98901 1318-42404 ▪ YNN INC AND/WILEY O B 515 'RESWE Oreon 97426 91318-43527 ,EONARDO & EVA M ZUNIGA 11 N 9TH ST AKIMA, WA 98901 91318-43450 IANUEL S & MARIA E MARTINEZ '0 BOX 9007 AKIMA, WA 98909-0007 91318-43498 ODESTO & MARGARITA BARAJAS 07 N 9TH ST AKIMA, WA 98901 91. 43462 ASSES A AWAD 02 S 2ND ST AKIMA, WA 98901 91318-43002 ACIFIC POWER & LIGHT CO 25 NE MULTNOMAH STE 1600 ORTLAND, Oregon 97232-2131 91318-43405 AMON & MARIA GONZALEZ 303 ALMO RD AKIMA, WA 98901 91318-43421 OMON VILLEGAS 16 N 8TH ST AKIMA, WA 98901-2521 913°"-43416 OC 0 BARAJAS 15 PH ST AKIns, WA 98901 ?aul Page 91318-43488 BC EAST RIDGE HOUSING LIMITED P V EAST RAGE HOUSNG LIMITED 911 65TH AVE W 191'. 6$T ACOMA, WA 98466 ,PArnivrn 191318-42001 LEELYNN INC AND WILEY MT INC PO BOX 515 CRESWELL, Oregon 97426 19 LEE INC AND ILEY MT PO BO 515 `` CRESWEL Ors - n 97426 18-43539 191318-43453 LOUISE WORDEN 10121 HWY 410 NACHES, WA 98937 191318-43500 MARJORY K THORESON 4203 VISTA PANORAMA WAY A 1 OCEANSIDE, California 92057 191318-43467 MOHAMMAD D TAHA 8318 N SHARON AVE FRESNO, California 98720 1'1318 3463 NA • ER AWAD 502 - P ST YAKIMA, WA 9=8901 191318-43406 PAULA E & ROY L SISCO-GIVENS PO BOX 953 MOXEE, WA 98936-0953 191318-43449 RAMON & PAULINA GARCIA 310 N 9TH ST 1 YAKIMA, WA 98901 191318-43501 ROSA I MUNGUIA 1615 S 27TH AVE YAKIM_A, WA 98902 191318-43425 STEVE & LORI BOWERS 309 N 7TH ST YAKIMA, WA 98901 AfflirCAt 1'1318-43533/ AVE W Tara o c , c c 1 1'1318-4200. LE LYNN I AND WILEY MT PO OX 5 CRE EL , Oregon 974 191318-43409 LEODEGARIO F & CYNTHIA D IBARR. 411 N 7TH ST YAKIMA, WA 98901-2410 191318-31547 LYDIA FRIAS 504 N 8TH ST YAKIMA, WA 98901 191318-43417 MARLENE BROWN 1001 E MAPLE ST YAKIMA, WA 98901-3103 191318-43490 MUKESH S & LATA M SAGAR 302 N 10TH ST YAKIMA, WA 98901 318-434.4 ER A 2ND ST A 98901 191318-43465 RAFAEL SANCHEZ OROSCO 406 N 7TH ST YAKIMA, WA 98901 191318-43457 RICHARD E & SHEILA CARTER 29324 NE 16TH PL CARNATION, WA 98014 191318-31521 SILVINA VALDEZ MENDOZA 506 N 8TH ST YAKIMA, WA 98901 191318-43415 TIMOTHY A & ARTHUR W PRALL BING 304 N 8TH ST nr- YAKIMA, WA 98901 Di TDEX 191318-43412 P VICTOR & ROSALBA GARCIA 405 N 7TH ST YAKIMA, WASHINGTON AGENDA STATEMENT ITEM NO. FOR MEETING OF: April 5, 2005 ITEM TITLE: Public Hearing Set Date - Right -Of -Way Vacation Petition No 04-10. Set April 19, 2005 as the date for a closed record public hearing to consider the hearing examiner's recommendation for denial of a right-of-way vacation in the vicinity of N 9th and "D" Street. SUBMITTED BY: William R. Cook, Director of Community Economic Development CONTACT PERSON 1 TELEPHONE: Jeff' Peters, Assistant Planner, 575-6163 SUMMARY EXPLANATION: On February 24, 2005 the hearing examiner held an open record public hearing to consider the request of Vaughn Bay Construction Company to vacate an undeveloped portion of N. 9th Street. On March 25, 2005 the hearing examiner issued his recommendation for denial of this vacation request. You are now being asked to set April 19, 2005 as the date for a closed record public hearing for Council consideration of this vacation request. Resolution Ordinance_ Contract Other (Specify) Vicinity Map Funding Source APPROVAL FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Set date of closed record Public Hearing for April 19, 2005. BOARD RECOMMENDATION: Hearing examiner has recommended denial of this vacation request. COUNCIL ACTION: DOC. 1NDE)( STATE OF WASHINGTON CITY OF YAKIMA AFFIDAVIT OF MAILING Re: UAZO R/W VAC#4-04 Vaughn Bay Construction Co. & VBC Eastridge Housing, L.P. Portion of N. 9th St. at 811 E. "D" St. I, Christine Wilson as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of the Hearing Examiners recommendation to the Yakima City Council. A true and correct copy of which is enclosed herewith; that said notice was addressed to all parties of record which are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 30th day of March , 2005. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. 06-7.6d2A Christine M. Wilson Planning Specialist j V A r i.:T�T RAV crINQTATTnTTC NT !'r\ D T XT tT A C'' .. 0 r<aV ai. PAY �..V1.V 11\V'.... 11V1\ VV. 1V TT YA�...irrrr HEARING EXAMINER PARTIES OF RECORD First Name Last Name Organization Address City, State, Zip }_ Paul W. Page Vaughn Bay Construction Co. 1911 65th Ave. W Tacoma, WA 984k, Doug Gray P.O. Box 510 Yakima, WA 98907 Louise Worden P 0, Box 278 Niches, WA 98937 Rev T nhy �..—.—..-.•� Bartz <..•». •.•.. 1 1 4 N 71-1, Sr 1i -r 1.. i ua u�. V..1>;r. W A 98901 1 uuilu, rr n, i��v1 Maud Scott 307 Union St. Yakima, WA 98901 Mary Hernandez 1212 S. 14th Ave. Yakima, WA 98902 Lynne Kittelson 61 yl/14) 305 N. 9th St. Yakima, WA 98901 Premtra Williams 315 N. 9th St. Yakima, WA 98901 Jeff Demerz Yakima Resources, LLC P. O. Box 1729 Yakima, WA 98907 Gary Lukehart Chinook Business Park 1901 N. 4th St. Yakima, WA 98901 Larry O. Gildea 324 E. 12th Ave. St. 2 Eugene, OR 97401-3274 Craig & Joann Guhlke 901 East "D" St. Yakima, WA 98901 Lupita Gutierrez -Parker Yakima County Coalition for the Homeless 107 S. 6th St. Yakima, WA 98901 Hari Sharma, P.E. Berglund, Schmidt & Assoc. 2706 River Rd. Yakima, WA 98902 /42I` i 07C/ ell/04_6z -3 7/30As DOC. INDEX DEPARTMENT OF )MMUNITYAND ECONOMIC DEVELL :STENT Planning Division Doug Maples, CBO, Code Admin. and Planning Manager • www.ci.yakima.wa.us 129 North Second Street, 2nd Floor Yakima, Washington 98901 Phone (509) 575-6183 • Fax (509) 575-6105 NOTICE OF HEARING EXAMINER'S RECOMMENDATION TO THE YAKIMA CITY COUNCIL March 30, 2005 On February 24, 2005 the Yakima Hearing Examiner conducted a public hearing to consider a Right -of -Way Vacation Petition submitted by Vaughn Bay Construction & VBC Eastridge Housing, L.P. by Paul Page and Craig & Joann Guhlke. The applicants propose to vacate a portion of North 9th Street right-of-way located north of East "D" Street, Yakima, Washington. On March 25, 2005 the Hearing Examiner rendered a recommendation to deny this vacation petition. A copy of the Hearing Examiner's Findings and Recommendation is enclosed. The Hearing Examiner's Recommendation will be considered by the Yakima City Council in a Public Hearing to be scheduled. The City Clerk will notify you of the date, time and place of the public hearing. For further information or assistance you may contact Jeff Peters, Assistant Planner, City of Yakima Planning Division, located on the 2nd floor of Yakima City Hall, (129 North Second Street), 575-6163. Doug Maples Planning and Code Administration Manager encl. Date of mailing: 3/30/05 Yakima Trip �' 1994 HEARING SIGN -IN SKEET CITY OF YAKIMA HEARING EXAMINER YAKIMA CITY COUNCIL CHAMBERS HEARING DATE: February 24, 2005 CASE. if R/TXT VAC#4_04 NAME: $k;'Y QasPial-717er7- 411, 1 - f APPLICANT: v7aUghfi Bay Construction SITE ADDRESS: T; ,. N nth 0_ G G7-\" C4 1l v iCi!Ly kn. . 7 06. 1J Jt.reeL.`^. PLEASE PRINT ADDRESS: 191( (e k.v_ ;Jut -rA ems, ZIP: (iv Ft ,c3cAf 57 tia-ku_2-- ase (Amrdoe Pia low N. -)s /f'c-14e co qs 90? 94.37 Mat); mon (7.i /, 5, 141-kAte* 1- `162 crr c fib(), 7 ti ,5 (3i A). 141 + i INDEX /^ u / / CITY OF YAKIMA HEARING EXAMINER AGENDA Thursday, February 24, 2005 Yakima City Hall 9:00 am Council Chambers I. CALL TO ORDER H. INTRODUCTION I11. PUBLIC HEARING VAUGHN BAY CONSTRUCTION VBC East Ridge Housing, LP Planner Assigned: Jeff Peters File Number: R/W VAC #4-04 Location: North 9th and "D" Streets Request: Vacate a portion of North 9th Street IV. ADJOURNMENT If you are unable to attend the hearing, you may submit your comments in writing prior to the hearing. You may also submit written testimony at the hearing. Filed Hearing Examiner E H • � / Date _ a File tr 4 \\1`\}}111111111/SIMs / p-ARY- • • m 1 Sp exp20 b i 1 . ,p� Uel'\G�\=\\, ' F. �\N \\\ 1 AFFIDAVIT OF PUBLICATION STATE OF WASHINGTON,) COUNTY OF YAKIMA ) DONNA SHIVELY, . SHIVELi, being first duly sworn on oath deposes and says that she/he is the Accountant of Yakima Herald -Republic, Inc., a daily newspaper. Said newspaper is a legal newspaper approved by the Superior Court of the State of Washington for Yakima County under an order made and entered on the 13th day of February, 1968, and it is now and has been for more than six months prior to the date of publication hereinafter referred to, published in the English language continually as a daily newpaper in Yakima, Yakima County, Washington. Said newspaper is now and has been during all of said time printed in an office maintained at the aforesaid place of publication of said newspaper. That the annexed is a true copy of a: NOTICE OF PUBLIC HEARING Noti, it was published in regular issues (and not in supplement form) of said newspaper once each DAY and for a period of 1 DAY(S) to -wit; on the 27th day of JANUARY, 2005 and the such newspaper was diributed t 1 �st� C its subscribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of $50.66 Accountant SUBSCRIBED AND SWORN to beforem. t} .i.s 27th day .9 January, 2005 ii? ,/ .,/,_ ddr4 NOTARY PUBLIC in and for the State of Washington, residing at Yakima. DOC. INDEX LEGAL NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given by the undersigned that a public hearing will be held by the Yakima City Hearing Examiner to consider a Right of Way Vacation petition submitted by Vaughn Bay Construction Co. The applicant is requesting to vacate a portion of North 9th Street in the vicinity of East "D" Street, Yakima, Washington. City File Number: UAZO R/W VAC#4-04 The public hearing has been scheduled for Thursday, February 24, 2005 beginning at 9:00 a.m., or soon thereafter, in the Council Chambers at Yakima City Hall, 129 North Second Street, Yakima, Washington. Further information regarding this hearing may be obtained by contacting Jeff Peters, Assistant Planner, City of Yakima Planning Division, 129 N 2nd Street, Yakima, Washington 98901, or by calling 575-6163. Doug Maples Planning & Code Administration Manager Please publish once only on Thursday, January 27, 2005 Please mail invoice and affidavit of publication to: Account #11002 City of Yakima Planning Division 129 N 2nd Street Yakima, WA 98901 DOC, INDEX # G- 0 AFFIDAVIT OF POSTING STATE OF WASHINGTON CITY OF YAKIMA Re: fou) ✓GcC, 69 ./cc 0411 LC L✓ w" P, a, c v�Ise, vg As an employee of the Yakima City Planning Division, i have posted a copy of the Resolution fixing time of public hearing before the Hearing Examiner on the 2. LI day of reLuva vy ,2005. Notices were posted on 2 p, day J.,�n, i.,� i �- `_ � day of Y �� - 2005 at the following locations : Lobby of City Hall, County Courthouse and the County Auditor's Office. Signed RESOLUTION NO. R -2005- A RESOLUTION fixing February 24, 2005 as the date for a public hearing before the Hearing Examiner. This hearing concerns a petition to vacate a portion of a public right- of-way created by the Plat of College Addition to North Yakima W.T. now Yakima, _ _Washington,...recorz3ed_in_ .Vohime_."A" .-of_ Mats; --Page 22, records ofYakima-County, Washington. WHEREAS, pursuant to RCW 58.17.212, a petition has been filed with the City Clerk, requesting the partial vacation of a public right-of-way located 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 public right-of-way (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 February 24, 2005 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 58.17.080, RCW 58.17.090 and Section 1.43.080 of the City of Yakima Municipal Code. ADOPTED BY THE CITY COUNCIL this 1st day of February 2005. Mayor AT LEST: City Clerk DOC. INDEX STATE OF WASHINGTON CITY OF YAKIMA AFFIDAVIT OF MAILING Re: UAZO R/W VAC#4-04 VAUGHN BAY CONSTRUCTION COMPANY VICINITY OF NORTH 9TH & EAST "D" STREETS I, Christine Wilson as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of Re -scheduled Public Hearing by the Yakima City Hearing Examiner, a true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant, interested persons, parties of record and all property owners of record within a radius of 500 feet of subject property. That said parties are individually listed on the mailing lists retained by the Planning Division, and that said notices were mailed by me on the 27th day of January, 2005. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Christine M. Wilson Planning Specialist DOC. INDEX 191318-43499 VIOLET KITTELSON 305 N 9TH ST YAKIMA, WA 98901-2527 1 Y 12' .l 2 YAKiMA, 538 TY ST 9,901-2613 191318-43423 'WALDO & ROSA HERNANDEZ 313 N 7TH ST YAKIMA, WA 98901 191318-43536 YAKIMA COUNTY COALITION FOR THE 107 S 6TH ST YAKTMA Wk 98.901 71 labels printed for map sheet rw-vac4-04 V�goetl !a I-0 4 R.— 1 H. Z I l a m r t Paul Page Vaughn Bay Construction 1911 65th Ave W. Tacoma; WA. 98466 uc.vu� ,. Hari Sharma, PE Berglund, Schmidt & Assoc. 2706 River Rd./ Yakima, WA. 98907 Lynne Kittleson NEYNA 305 N. 9th Street Yakima, WA. 98901 ' 191318-43420 ' WOODROW D MAT.nNE TR PO BOX 131852-- 1� SPRING, Texas 77393-1852 COC. INDEX / 191318-43455 LEANNE M RODRIGUEZ 302 N 9TH ST YAKIMA, WA 98901 191318-42404 LEELYNN INC AND WILEY MT INC PO BOX 515 CRESWELL, Oregon 97426 191318-43527 LEONARDO & EVA M ZUNIGA 311 N 9TH ST YAKIMA, WA 98901 191318-43450 MANUEL S & MARIA E MARTINEZ PO BOX 9007 YAKIMA, WA 98909-0007 191318-43498 MODESTO & MARGARITA BARAJAS 307 N 9TH ST YAKIMA, WA 98901 '18-43462 ,ER A AWAD 5' S 2ND ST YAKIMA, WA 98901 191318-43002 PACIFIC POWER & LIGHT CO 825 NE MULTNOMAH STE 1600 PORTLAND, Oregon 97232=2131 191318-43405 2AMON & MARIA GONZALEZ 1303 ALMO RD YAKIMA, WA 98901 191318-43421 ROMON VILLEGAS 316 N 8TH ST YAKIMA, WA 98901-2521 191318-43416 SoCORRO 0 BARAJAS N 8TH ST MA, WA 98901 191318-43488 VBC EAST RIDGE HOUSING LIMITED P' 1911 65TH AVE W TACOMA, WA 98466 P CR 1318- 001 ELYNI LNC AND BO 51 S ELL, 191318 3539 L ELY. NC A Poi By 5 5 CR'. z ELL, Oregon on 97426 ILEY M 191318-43453 LOUISE WORDEN 10121 HWY 410 NACHES, WA 98937 INC INC 191318-43500 MARJORY K THORESON 4203 VISTA PANORAMA WAY A OCEANSIDE, California 92057 191318-43467 MOHAMMAD D TAHA 8318 N SHARON AVE FRESNO, California 98720 913 ASS 02 3463 A AWAD S 2Ni ST YA IMA, • 8901 191318-43406 PAULA E & ROY L SISCO-GIVENS PO BOX 953 MOXEE, WA 98936-0953 191318-43449 RAMON & PAULINA GARCIA 310 N 9TH ST YAKIMA, WA 98901 191318-43501 ROSA I MUNGUTA 1615 S 27TH AVE YAKIMA,.WA 98902 191318-43425 STEVE & LORI BOWERS 309 N 7TH ST YAKIMA, WA 98901 91318 - EAS 19 1 65 LIMITED 91318-42003 EELYN C AND 0 BO 191318-43409 LEODEGARIO F & CYNTHIA D IB& 411 N 7TH ST YAKIMA, WA 98901-2410 191318-31547 LYDIA FRIAS 504 N 8TH ST YAKIMA, WA 98901 191318-43417 MARLENE BROWN 1001 E MAPLE ST 1 YAKIMA, WA 98901-3103 191318-43490 MUKESH S & LATA M SAGAR 302 N 10TH ST YAKIMA, WA 98901 9131 ASS 02 464 AWA 2Nn S YMA, 98901 191318-43465 RAFAEL SANCHEZ OROSCO 406 N 7TH ST YAKIMA, WA 98901 191318-43457 RICHARD E & SHEILA CARTER 29324 NE 16TH PL CARNATION, WA 98014 191318-31521 SILVINA VALDEZ MENDOZA 506 N 8TH ST YAKIMA, WA 98901 191318-43415 TIMOTHY A & ARTHUR W PRALL B 304 N 8TH ST DQ YAKIMA, WA 98901 INDEX 191318-43412 P VICTOR & ROSALBA GARCIA 405 N 7TH ST YAKIMA, WA 98901 1§1318-43466 ALICE M. WIKSTROM 306 S 76TH AVE YAKIMA, WA yayua1579 191318-43404 ARMSTRONG RENTALS LLC 81 KODA DR SETLAH, WA 98942-9624 191318-43411 MEL OCHOA _07 N 7TH ST YAKIMA, WA 98901 191318-43403 I.NTONIO & ROSALINDA RAMOS t10 N PTH ST YAKIMA, WA 98901 191318-43451 91318 3422 BARRY G MUELLER IG L INV T ENT LL 401 N 7TH ST 46 SCE IC 'R YAKIMA, WA 98901 YAKIMA, W 98908 191318-43424 1913 8 4100 BIG HILL INVESTMENT LLC BO E •S'•sE CORP 4619 SCENIC DR BOX 1 YAKIMA, WA 98908 YAKIMA, WA 98907 191318-43497 CAROL LE PAGE 309 N 9TH ST YAKIMA, WA 98901 191318-43469 CLAYTON L & FRANCES COLEMAN PO BOX 68 YAKIMA, WA 98907-0068 191318-43534 ARY & JO 306 N 18TH YIMA, 98 N B,59—RD 191318-43402 DOUGLAS H. LEMON PO BOX 541 YAKIMA., WA 98907 191318-43535 ERNEST J & PREMETRA WILLIAMS 315 N 9TH ST YAKIMA, WA 98901 191318-31534 FRANK L. WESTCOTT 701 EAST E ST. YAKIMA, WA 98901 191318-43460 GUILLERMINA ESCAMILLA 314 N 9TH ST YAKIMA, WA 98901 191318-434661 JOYCE MILLER 1213 ORCHARD VILLAGE LANE MANCHESTER, Missouri 63021 tcP 191318-43003 CHINOOK RtJSTNESS PART( LLC 1901 N 4TH ST YAKIMA, WA 98901 191318-43489 CRAIG A & JOANN K GUHLKE 901 E D ST YAKIMA, WA 98901-2422 191318-43452 DOROTHY BURKHART 415 N 7TH ST YAKIMA, WA 98901-2410 191318-43410 EFRAIN & ANGELICA VARGAS 409 N 7TH ST YAKIMA, WA 98901 191318-43468 FERNANDO E & ERIKA E ZAZUETA 305 N 8TH ST YAKIMA, WA 98901 191318-43408 GENARO M HERNANDEZ 413 N 7TH ST YAKIMA, WA 98901-2410 191318-43400 HAZEL M DERR WEATHERS 605 LOCUST RD YAKIMA, WA 98901-9762 191318-43470 LARZARD ET AL DELGADO 301 N 8TH ST YAKIMA, WA 98901 191318-43448 BRIAN K & KRISTINA M JONES 8305 SUMMITVIEW AVE YAKIMA, WA 98908-1153 11318- 491 CIN00' BJS! NES 1 01 4T ST YA I A, WA 901 ARK LLf/ 191318-31522 DARRELL JR & LAURA L ARD 508 N 8TH ST YAKIMA, WA 98901 H. 43401 L MO OX TMA \\W98907 191318-43418 ERICA VARGAS 310 N 8TH ST YAKIMA, WA 98901 191318-43419 FIDEL & ROSELIA MORA 312 N 8TH ST YAKIMA, WA 98901 191318-43458 GEORGE E III COSON 915 S 1ST ST YAKIMA, WA 98901 191318-44022 JELD-WEN INC PO BOX 1329 KLAMATH FALLS, Oregon DOC, INDEX 191318-43456 # k LEANNA M & RAFAETI— UENTES R.O 302 N 9TH ST YAKIMA, WA 98901 DEPARTMENT 01 .5MMZINITY AND ECONOMIC DEVEI ` "MENT Planning Division Doug Maples, CBO, Code Admin. and Planning Manager • www.ci.yakima.wa.us 129 North Second Street, 2nd Floor Yakima, Washington 98901 Phone (509) 575-6183 • Fax (509) 575-6105 ATTENTION: ADJOINING PROPERTY OWNERS AND INTRESTED PARTIES DATE: January 27, 2005 FROM: Doug Maples, Building Codes & Planning Manager SUBJECT: Notice of Petition for the Partial Vacation of North 9th Street. Right - of -Way Vacation #4-04 RESCHEDULED OF PUBLIC HEARING The open record public hearing scheduled to be held on Thursday February 10, 2005; beginning at 9:00 a.m., in. the Council Chambers, City Hall, 129 N 2nd Street, Yakima, WA has beenrescheduled for February 24, 2005 at 9:00 a.m. in the Council Chambers, City Hall, 129 N. 2nd Street, Yakima, WA. Any person desiring to express their views on this matter is invited to attend the public hearing or to submit written comments to: City of Yakima, Planning Division, 129 N 2nd St, Yakima, WA 98901. If you have any question on this proposal, please call Jeff Peters, Assistant planner at (509) 575-6163. DOC. INDEX Yakima Pro°ect Number: CITY OF YAKI M A LAND USE ACTION INSTALLATION CERT WIC A TF, — y. ` Date of Installation: Site Address: 'j/ ' -ki ce",..e_ Location of Installation (Check One) Land Use Action Sign is installed per standards du Z escrioea in � UA�C9 § 15.11.090(C). Land Use Action Sign is installed in an alternate location on the site. Note: this alternate location (if not pre -approved by the Code Administration and Planning Manager) may not be acceptable by the Code Administration and Planning Division and is subject to relocation (at the owner's expense) to a more visible site on the property. the alternative location is: I hereby testify that the sign installed fully complies with the Land Use Action sign layout specifications and installation standards, and that the sign will be maintained until a decision has been rendered. The required comment period will begin when the Code Administration and Planning Division have received the Land Use Action Sign Installation Certification. The date of installation certificate receipt will begin the notice period. Failure to post a Land Use Action sign and return this form in a timely manner will cause a delay in the application review. Please remit the above certification and deliver; FAX at 509-575-6105; or mail to: City of Yakima, Code Administration and Planning Division, 129 North Second Street, Yakima, WA 98901. DOC. INDEX Applicants Name (please print) --7/4e.slhAi, Date // 2.0 /45 -- Applicants Signature Mose t °. /14- * Telephone Number of Applicant ( �� ,S7 7.5--> 3.770 The required comment period will begin when the Code Administration and Planning Division have received the Land Use Action Sign Installation Certification. The date of installation certificate receipt will begin the notice period. Failure to post a Land Use Action sign and return this form in a timely manner will cause a delay in the application review. Please remit the above certification and deliver; FAX at 509-575-6105; or mail to: City of Yakima, Code Administration and Planning Division, 129 North Second Street, Yakima, WA 98901. DOC. INDEX STATE OF WASHINGTON CITY OF YAKIMA AFFIDAVIT OF MAILING Re: (Jam li /1 a v &;11-Avv&iiiakt_a A)nr ,(5,-1- ,, e 1, Christine Wilson as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of Public Hearing by the Yakima City Hearing Examiner, a true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant and all property owners of record within a radius of 500 feet of subject property. That said property owners are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the fat' day of 7-avruag 2005. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Christine M. Wilson Planning Specialist DOC. INDEX 191318-43499 VIOLET KITTELSON 305 is 9TH ST YAKIMA, WA 98901-2527 1 1318- Y KIMA 1 9 N1'2ND 1ST Y1�KIA, WA\98M1-2613 1 1p91318-43423 ;kALDO & ROSA HERNANDEZ 313 N 7TH ST YAKIMA, WA 98901 191318-43536 YAKIMA COUNTY COALITION FOR THE in7 S 6TH ST YAKIMA; wA 98901 71 labels printed for map sheet rw-vac4-04 Paul Page Vaughn Bay Construction 1911 65th Ave. W. Tacoma, WA 98466 }191318-43420 3WOODROW L MALONE TR PO BOX 131852 SPRING, Texas 77393-1852 Lynne Kittlesori NEYNA 305 North 9th Street Yakima, WA. 98901 nergiuna, bcilmidt & Assoc. Hari Sharma, P.E. 2706 River Rd. Yakima, WA 98907 DOC. INDEX 191318-434.66 191318-43411 ALICE M. WIKSTROM ANGEL OCHOA 306 S 76TH AVE - 407 N 7TH ST YAKIMA, WA 989081578 YAKIMA, WA 98901 _318-43404 ARMSTRONG RENTALS LLC 81 KODA DR SELAH, WA 98942-9624 1 191318-43424 BIG HILL INVESTMENT LLC 4619 SCENIC DR YAKIMA, WA 98908 191318-43497 CAROL LE PAGE 309 N 9TH ST YAKIMA, WA 98901 191318-43469 CLAYTON L & FRANCES COLEMAN PO BOX 68 YAKIMA, WA 98907-0068 "1318-43534 YL G & JOAN B FORD N 1GTH ST zxKIMA, WA 98901 191318-43402 DOUGLAS H. LEMON PO BOX 541 YAKIMA, WA 98907 191318-43535 ERNEST J & PREMETRA WILLIAMS 315 N 9TH ST YAKIMA, WA 98901 191318-31534 FRANK L. WESTCOTT 701 EAST E ST. YAKIMA, WA 98901 191318-43460 GUILLERMINA ESCAMILLA '14 N 9TH ST .IMA, WA 98901 191318-43461 JOYCE MILLER 1213 ORCHARD VILLAGE LANE MANCHESTER, Missouri 63021 191318-43451 BARRY G MUELLER 401 N 7TH ST YAKIMA, WA 98901 191318-41001 BOISE CASCADE CORP PO BOX 51 YAKIMA, WA 98907 191318-43003 CHINOOK BUSINESS PARK LLC 1901 N 4TH ST YAKIMA, WA 98901 191318-43489 CRAIG A & JOANN K GUHLKE 901 E D ST YAKIMA, WA 98901-2422 191318-43452 DOROTHY BURKHART 415 N 7TH ST YAKIMA, WA 98901-2410 191318-43410 EFRAIN & ANGELICA VARGAS 409 N 7TH ST YAKIMA, WA 98901 191318-43403 ) ANTONIO & ROSALINDA RAMOS 410 N 8TH ST YAKIMA, WA 98901 AGHI1318- 422. B G HI 'L I 4k19 8'CENI Y. GIA, WA ESTME LLC DR 89 191318-43448 BRIAN K & KRISTINA M JONES 8305 SUMMITVIEW AVE YAKIMA, WA 98908-1153 1 1318-4 INOO BU 01 4TH Y^.KIv", WA 1 INESS P ST LC 191318-31522 DARRELL JR & LAURA L ARD 508 N 8TH ST YAKIMA, WA 98901 91318- 3 01 OUGL H LEMON O B 54 K A, WA 191318-43418 ERICA VARGAS 310 N 8TH ST YAKIMA, WA 98901 191318-43468 191318-43419 FERNANDO E & ERIKA E ZAZUETA FIDEL & ROSELIA MORA 305 N 8TH ST 312 N 8TH ST YAKIMA, WA 98901 I YAKIMA, WA 98901 191318-43408 GENARO M HERNANDEZ 413 N 7TH ST YAKIMA, WA 98901-2410 191318-43400 HAZEL M DERR WEATHERS 605 LOCUST RD YAKIMA, WA 9.8901-9762 191318-43470 LARZARD ET AL DELGADO 301 N 8TH ST YAKIMA, WA 98901 191318-43458 GEORGE E III COSON 915 S 1ST ST YAKIMA, WA 98901 191318-44022 JELD-WEN INC PO BOX 1329 KLAMATH FALLS, OiN 97601 INDEX 191318-43456 # '� LEANNA M & RAFAEL FUENTES R 302 N 9TH ST YAKIMA, WA 98901 191318-43455 1. 1318- 00 191318- 200 LEANNE M RODRIGCTEZ L ELYN�J, INC\AND WILEY\MT INC L ELYN v INCA AND W LEY \MT INC 302 N 9TH STYCBOX�' 515 � i P� BO, 515 YAKIMA, WA 98901 CR SWELL, Or 97426 191318-42404 LEELYNN INC AND WILEY MT INC PO BOX 515 CRESWELL, Oregon 97426 J 191318-43527 LEONARDO & EVA M ZUNIGA 311 N 9TH ST YAKIMA, WA 98901 191318-43450 MANUEL S & MARIA E MARTINEZ PO BOX 9007 YAKIMA, WA 98909-0007 191318-43498 MODESTO & MARGARITA BARAJAS 307 N 9TH ST YAKIMA, WA 98901 39 L EL L ELY I AND I EY MT 11 f� 15 ` CMF.0 FEL, N....4 97M7G / 191318-43453 LOUISE WORDEN 10121 HWY 410 NACHES, WA 98937 GI�E�irTELL, 0r 97426 191318-43409 LEODEGARIO F & CYNTHIA D IBA 411 N 7TH. ST YAKIMA, WA 93901-2410 191318-31547 LYDIA FRIAS 504 N 8TH ST YAKIMA, WA 98901 191318-43500 191318-43417 MARJORY K THORESON MARLENE BROWN 4203 VISTA PANORAMA WAY A 1001 E MAPLE ST 1 OCEANSIDE, California 92057 I YAKIMA, WA 98901-3103 191318-43467 MOHAMMAn n TAHA 8318 N SHARON AVE FRESNO, California 98720 191318-43490 MUKESH 5 & LATA M SAGAR 302 N 10TH ST YAKIMA, WA 98901 502191318-43462 p131 43463 464 NAS5 SR2NDASTD 02SSR2iDDAWAD ST \ 592S182N ASAD YAKIMA, WA yuyvl TeurciMA, W\ A j498901 �i YAIXMA, WA 98901 191318-43002 PACIFIC POWER & LIGHT CO 825 NE MULTNOMAH STE 1600 PORTLAND, Oregon 97232-2131 191318-43405 RAMON & MARIA GONZALEZ 1303 ALMO RD YAKIMA, WA 98901 191318-43421 ROMON VILLEGAS 316 N 8TH ST YAKIMA, WA 98901-2521 191318-43416 SOCORRO 0 BARAJAS 115 N 8TH ST YAKIMA, WA 98901 191318-43488 ' VBC EAST RIDGE HOUSING LIMITED P 1911 65TH AVE W TACOMA, WA 98466 191318-43406 PAULA E & ROY L SISCO-GIVENS PO BOX 953 MOXEE, WA 98936-0953 191318-43449 RAMON & PAULINA GARCIA 310 N 9TH ST 1 YAKIMA, WA 98901 191318-43501 ROSA I MUNGUTA 1615 S 27TH AVE YAKIMA, WA 98902 191318-43425 STEVE & LORI BOWERS 309 N 7TH ST YAKIMA, WA 98901 191318-43465 RAFAEL SANCHEZ OROSCO 406 N 7TH ST YAKIMA, WA 98901 191318-43457 RICHARD E & SHEILA CARTER 29324 NE 16TH PL i CARNATION, WA 98014 191318-31521 SILVINA VALDEZ MENDOZA 506 N 8TH ST YAKIMA, WA 98901 191318-43415 TIMOTHY A & ARTHUR W F' 304 N 8TH ST DOC YAKIMA, WA 98901 ,,���� INDE 191318-4 191318-43412 VBC EAST RIDE HOUS LIMITED P VICTOR & ROSALBA GARCIA 1971 65 H AV W 405 N 7TH ST TACO 9 WA 98.66 YAKIMA, WA 98901 DEPARTMENT 0 . OMMUNITY AND ECONOMIC DEVI )PMENT Planning Division Doug Maples, CRO, Code Admin. and Planning Manager • www.ci.yakima.wa.us 129 North Second Street, 2nd Floor Yakima, Washington 98901 Phone (509) 575-6183 s Fax (509) 575-6105 NOTICE OF PETITION AND HEARING DATE: January 13, 2005 TO: Petitioner and Adjoining Property Owners FROM: Doug Maples, Building Codes & Planning Manager SUBJECT: Notice of Petition for the Partial Vacation of North 9th Street. Right - of -Way Vacation #4-04 NOTICE OF PETITION The City of Yakima, Department of Community & Economic Development has received a request from Vaughn Bay Construction to vacate a portion of North 9th Street, located in the vicinity of 811 East D. Street. This vacation is being requestedto facilitate the further development of three pieces of property within the possession of Paul Page of Vaughn Bay Construction. The file containing the complete application is available for public review at the City of Yakima Planning Division, 2nd floor City Hall, 129 North 2nd Street, Yakima, Washington. NOTICE OF PUBLIC HEARING This request requires that the hearing examiner hold an open record public hearing. The public hearing is scheduled to be held on Thursday February 10, 2005, beginning at 9:00 a.m., in the Council Chambers, City Hall, 129 N 2nd Street, Yakima, WA. Any person desiring to express their views on this matter is invited to attend the' public hearing or to submit written comments to: City of Yakima, Planning Division, 129 N 2nd St., Yakima, WA 98901. If you have any question on this proposal, please call Jeff Peters, Assistant. planner at (509) 575-6163. Other Permits Required: None Encl.: Narrative, Vicinity Map, Mailing Map & Site Plan `DOC: INDEX