HomeMy WebLinkAboutR-2007-011 Set Public Hearing Date for Robert Bader right-of-way vacationRESOLUTION NO. R-2007- 1 1
A RESOLUTION setting February 8, 2007 as the date for a public hearing
before the Hearing Examiner. This hearing concerns a
petition to vacate a 20 foot strip labeled access drive, serving
Lots 14 and 15, and lying between Lots 9 and 10, Block 8,
Viewmont Park, according to the official plat thereof recorded
in Volume "R" of Plats, Page 5, 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 8, 2007 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 16th day of J- ary, 2007
avid E • er, Mayor
City Clerk
PETITION NO. L'6 `fie,
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CITY OF YAKIMA, WASHINGTON
DEPARTMENT OF COMMUNITY AND ECONOMIC
DEVELOPMENT.�;(kar s+'
APPLICATION FOR VACATION OF PUBLIC STREETS OR ��� '`,'i,,�.r
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ALLEYS 0 ;A'(,) i 1 /' ,
CITY OF YAKIMA, 129 NORTH SECOND STREET, YAKIMA , WA 98901 ` ' ¢�-
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509/ 575-6113 `
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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 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 51 Li— LitfOce.M P I4�C`S
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Address of applicant AO) A/OK..Tea .2 1,Uh
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Applicant's Telephone 'CT
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
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.
OD 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.
PETITION NO. (' 42 -1
CITY OF YAKIMA, WASHINGTON
PETITION 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).
Legal Description of road vacation
A 20 FOOT STRIP LABELED ACCESS DRIVE, SERVING LOTS 14 AND 15, AND LYING
BETWEEN LOTS 9 AND 10, BLOCK 8, VIEWMONT PARK, ACCORDING TO THE OFFICIAL
PLAT THEREOF RECORDED IN VOLUME "R" OF PLATS, PAGE 5, RECORDS OF YAKIMA
COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS.
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 9, THEN SOUTH 66° 52' 50"
EAST 20 FEET TO THE NORTHWEST CORNER OF SAID LOT 10, THEN SOUTH 23° 07' 10"
WEST 100 FEET TO THE SOUTHWEST CORNER OF SAID LOT 10, THEN SOUTH 53° OT
10" WEST 20 FEET, THEN NORTH 6° 52' 50" WEST 20 FEET TO THE SOUTHERLY MOST
CORNER OF SAID LOT 9, THEN 23° 07' 10" EAST 100 FEET TO THE POINT OF
BEGINNING.
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
1119- 11 1.7
320 CN6.fcg•(L Oot.)
Jg1314- 11Wf90
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WRITTEN NARRATIVE
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 the project, the reasons
for the proposed vacation and the limits of the vacation.
The proposed right-of-way to be vacated is of no public benefit, as it is not used by the public for a
thoroughfare. The right-of-way is only 20 feet wide and approximately 100 feet in length. Benefits of this
vacation include placing the property on the tax role and reduction in maintenance costs to the City, as the
vacated right-of-way will become a glorified driveway. The right-of-way currently serves two lots owned
by the applicant of this vacation request. The right-of-way was specifically dedicated for the purpose of
Lots 14 and 15 (see attached plat map for reference)
Lot 14 of the subdivision actually has two legal access points. It can be served by the subject right-of-way
which is proposed to be vacated, or it can be served by Vermont Drive (a public street) Lot 14 is currently
vacant and when developed, is proposed to be served by Vermont Drive. Access from Vermont Drive can
be accomplished because the applicant currently owns both lots served by the proposed right-of-way
vacation.
With this proposal, only Lot 15 will be served by the vacated right-of-way The vacated right-of-way is
proposed to be gated and become a private driveway. An adequate easement will be reserved for all
existing and future utilities
b. The vacation of any right-of-way cannot deny sole access to any property.
No properties will be denied any access as a result of the right-of-way vacation.
c. Petitions should be consistent with the Six-year Transportation Improvement Plan, the Urban
Area Comprehensive Plan and other official City Plans and policies.
The existing nght-of-way is unimproved and is not to be developed as part of the Six-year Transportation
Improvement Plan. The proposal is consistent with the Urban Area Comprehensive Plan and other City
Plans, specifically, Ordinance 2001-04 which permits one lot to be served by a minimum 20 -foot wide
private gated driveway
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.
This vacation is appropriate with anticipated development because the existing right-of-way only serves
one undeveloped lot (Lot 14). The undeveloped lot can be served by a public street that meets all zoning
and subdivision rules and regulations. This is a better situation than currently exists for access to Lot 14
e. Existing 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.
Utilities within this right-of-way can be preserved by the recording of a public utility easement. As the
nght-of-way is currently being used for access to Lot 15, no utilities will need to be relocated. Thus, the
applicant is requesting that this requirement be waived.
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
ITEM NO. 13
FOR MEETING OF: January 16, 2007
ITEM TITLE: Consideration of Resolution setting February 8, 2007 as the date for an
open record public hearing before the hearing examiner to consider a right-of-way
vacation request by Hordan Planning Services on behalf of Robert Bader (Petition No.
06-16) to vacate a platted driveway & utility easement in the vicinity of 320 Englewood
Crest Court. This meeting will be held on Thursday, February 8, 2007 at 9:OOam in
Council Chambers, Yakima City Hall.
SUBMITTED BY: William Cook
Director of Community & Economic Development
CONTACT PERSON/TELEPHONE:
Bruce Benson Vaughn McBride
Supervising Planner Community Development Specialist
575-6042 576-6315
SUMMARY EXPLANATION:
The right-of-way currently serves two lots (Lots 14 and Lot 15) owned by the petitioner.
The right-of-way was specifically dedicated for the purpose of providing access to Lots
14 and 15. The petitioner indicates that the public does not use the existing right-of-way
as a thoroughfare. The subject right-of-way has no utilities of record installed in it. The
applicant wishes to establish a private `gated' driveway to access Lot 15.
Council considered this agenda item at the January 9, 2007 meeting; however, it was
not approved in resolution format. Therefore, we are resubmitting it again for Council
consideration and approval.
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Resolution X Contract _ Other (Specify)
Funding Source
APPROVAL FOR SUBMITTAL: �,®a
City Manager
STAFF RECOMMENDATION:
BOARD RECOMMENDATION:
COUNCIL ACTION:
Adopt resolution setting February 8, 2007 as date
for "Open Record" Hearing before the Hearing
Examiner.
Resolution adopted. RESOLUTION NO. R-2007-11