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Home My WebLink AboutR-2006-090 Set Hearing Date - Chuck Johnson / J&R EnterprisesRESOLUTION NO. R-2006 - 90 A RESOLUTION fixing July 13, 2006 as the date for a public hearing before the Hearing Examiner. This hearing concerns a petition to vacate a portion of public right-of-way adjacent to the Plat of YAKIMA ORCHARD HIGHLANDS CO'S. ORCHARD TRACTS as recorded in 1907, under Volume "E" of Plats, page 31, records of Yakima County, Washington; and additional right-of-way for that portion adjacent to Tract 43, dedicated in 1975 in Book "E" of Short Plats at page 15. WHEREAS, pursuant to RCW 58.17.212, Petition No. 06-09 has been filed with the City Clerk, requesting the 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, including Chuck Johnson/J & R Enterprises, and WHEREAS, the vacation of this property was requested in order to facilitate the development of adjoining Tots that are part of an 80 -lot subdivision known as Englewood West Subdivision, 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 July 13, 2006 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 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 6th day of Jun ATTEST: /(eut-e- City Clerk , 2006. David Edler, ayor PETITION Late:19 RECEIVED MAR 1 0 2006 CITY OF YAKIMA PLANAILN G �1 CITY OF YAKIMA, WASHINGTON DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 4* APPLICATION FOR VACATION OF PUBLIC STREETS ,PR ci/j, ALLEYS -4y CITY OF YAKIMA,129 NORTHS9/ SECOND STREET, YAKIMA , WA 98901 Coj- 147 470 INSTRUCTIONS Ok 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 party 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 YAKIMA" at the time of filing of the application and petition. APPLICANT INFORMATION Name of applicant tactc--0ttlS514Qr J E �rrer+sas Address of applicant ►1 6.,M. S Sup �Sr•�Q L, wpm- �6 4Z. Applicant's Telephone 5a9 - (.&t1 - 77.' j 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 RECEIVED MAR 1 6 2006 CITY OF YA i PLANNING 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 waysto 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. RECEIVED MAR 1 Q 2006 CITY OF YAKIMA J&R ENTERPRISES PLANNING DIV. APPLICATION FOR VACATION OF PUBLIC RIGHT OF WAY NARRATIVE STATEMENTS 1. 7&R Enterprises is the oer of Parcel No. 181317-34427 and the contract purchaser of Parcel No. (x81317-3442?? The total linear footage of the frontage abutting upon the portions of right of way requested to be vacated is approximately 2,980 LF. Approximately 1,450 LF (48.6%) of this frontage is abutting Parcel No. 181317-34427. Approximately 638 LF (21.4%) is abutting Parcel No. 181317-34426. Therefore approximately 70% of the abutting property is represented by I&R Enterprises. See attached parcel map. 2. The subject right of way was originally dedicated by the Plat of YAKIMA ORCHARD HIGHLANDS CO'S. ORCHARD TRACTS as recorded in 1907, under Volume "E" of Plats, page 31, records of Yakima County, Washington. Subsequently, additional right of way for that portion adjacent to Tract 43 was dedicated by Short Plat recorded in 1975 in Book "E" of Short Plats at page 15. None of the right of way has ever been opened, improved or otherwise utilized. The topography precludes the 'practical use of the right of way for public roads or street. The portion of the subject right of way lying between Tracts 37, 44 and 38,. 43 is proposed to be replaced with a new alignment for 74th Avenue within the proposed Plat of ENGLEWOOD WEST. Due to the terrain topography, all abutting parcels utilize alternate access to their respective parcels. No abutting parcel would be denied sole access. The subject right of ways are not included in any transportation plans or other plans that are known. The proposed development of the Plat of ENGLEWOOD WEST together with the anticipated development of the property to the west thereof into single family residential subdivisions will provide more practical and useful right of ways for public streets than the subject right of ways. There are no public or private utilities or other improvements located within the right of ways proposed to be vacated. RECEIVED MAY 11 2006 CITY OF YAKIMA PLANNING DIV. 2 K�CEt'��D MAR 1 0 2006 CITY OF YAK: A - PLANNING GI LEGAL DESCRIPTION OF RIGHT OF WAYS REQUESTED TO BE VACATED. 1. That portion of the right of way lying between Tracts 28 and 37 in the Plat of YAKIMA ORCHARD HIGHLANDS CO'S. ORCHARD TRACTS as recorded in Volume "E" of Plats, page 31, records of Yakima County, Washington, described as follows: Beginning at the Northwest corner of said Tract 37; thence East, along the North line thereof 462 feet; thence North 40 feet, to the South line of said Tract 28; thence West, along the South line thereof, 462 feet; thence South 40 feet to the Point of Beginning. 2. All that right of way lying between Tracts 37 and 38 in the Plat of YAKIMA ORCHARD HIGHLANDS CO'S. ORCHARD TRACTS as recorded in Volume "E" of Plats, page '31, records of Yakima County, Washington, AND extending to the South line of Tracts 27 and 28 in said subdivision, described as follows: Beginning at the Southwest corner of said Tract 37; thence North, along the West line thereof and said West line extended, to the South line of said Tract 28; thence West, along the South line of said Tracts 28 and 27, 40 feet; thence South, along the East line of said Tract 38 and the Northerly extension of said line, to the Southeast corner thereof; thence East 40 feet to the Point of Beginning. 3. That portion of the right of way lying between Tract 44 in the Plat of YAXIMA ORCHARD HIGHLANDS CO'S. ORCHARD TRACTS as recorded in Volume "E" of Plats, page 31, records of Yakima County, Washington, AND Lots 2 and 3 in Short Plat No. 81-181 recorded under Auditor's File No. 2630340 AND Lot 2 in Short Plat No. 81- 62 recorded under Auditor's File No. 2615549 records of Yakima County, Washington described as follows: Beginning at the Northwest corner of said Tract 44; thence South, along the West line thereof 350 feet; thence West, 50 feet, to the East line of said Short Plat 81-62; thence North, along said East line and the East line of said Short Plat 81-181, 350 feet to the Northeast comer of Lot 2 in said Short Plat 81-181; thence East 50 feet to the Point of Beginning. 1 PT 4. 85-284 85-284 424[0 1 4.01 1 2 31409 31 2.10 31411 11 210 .1 4 31- -91 43419 121 'RECEIVED MAR 1 0 2006 CITY OF MGM PLANNING OW 1Ut ,4•et * 34408 46 I- 0)- 07 1 3.74 k 08 1-6243411 - 10 14 1. 'Yal1ima GIS Web Mapping YAkIM_A, WA Map Th emes E City Limits ... C Contours C Critical Areas E Floodplain C. Parcel Text C Plan 2015 E Relief Map EUrban Areas a L Zoning } rt 1 ul CE1VED CI IY OF YAKIMA P 1NNI.NG DIV ,111 1 "i �I I.j °• � I 1 11 I. ` , 1 '�_ i� r_ 1 �I, cnr�1 1 1` 11: Ii pLy 11 in jNone Choose Location to: G Zoom in rJ Zoom Out C Pan r Identify Grandview Granger I3aTrah jvfoxee Niches Selah Sunnvside Tieton Tornenish llninnGan Wapato Yakima Zillah Parcel Number. 18131734427 Situs Address: N 74th Ave/Englewood Ave Owner Name: J & R Enterprises Misc Codes: 584-TCA/Levy Assessed Values: 72200 -improvement value 600200 -land Parcel Size: 24.01 Acre(s) • UAZO Zoning: SR - Suburban Residential Plan 2015: Urban(Urban Growth Area) Urban Growth Area: Urban Growth Area Plan Jurisdiction: County Floodplain: Not within floodplain. Critical Areas: Stream Type: Contour Elevation: No contour lines within 10 feet of click http://www. co .yakim a.wa.us/scripts/esrimap.dll?narae=YakgisH&THM=CL&THM=R_M&... 4/4/2005 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT ITEM NO. FOR MEETING OF: June 6, 2006 ITEM TITLE: Consideration of Resolution Setting July 13, 2006 as the date for an "Open Record" public hearing on a right-of-way vacation petition by Chuck Johnson/J&R Enterprises. SUBMITTED BY: William Cook, Director of Community & Economic Development CONTACT PERSONITELEPHONE: Vaughn McBride, Community Development Specialist SUMMARY EXPLANATION: Chuck Johnson of J&R Enterprises has submitted a petition for the vacation of public right-of-way adjacent to Parcels 181317-34427 and 181317-34426 in the R-1 zoning district located just north of the intersection of N. 74th Avenue and W. Englewood Avenue. This vacation is being requested to further facilitate the development of adjoining Tots that are part of an 80 -lot subdivision (Englewood West Subdivision). You are being asked to set the date for this Open Record Public Hearing before the Hearing Examiner for July 13, 2006. Resolution X Ordinance_ Contract _ Other (Specify) Funding Source APPROVAL FOR SUBMITTAL: `\ City Manger' w STAFF RECOMMENDATION: Adopt Resolution to set July 13, 2006 as date for "Open Record" Hearing before the Hearing Examiner. BOARD RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2006-90