HomeMy WebLinkAbout02/05/2008 20 Alley Right-of-Way Vacation, Vicinity of East "R" Street and North 2nd Street • BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
ITEM NO ' i Cc)
FOR MEETING OF: February 5, 2008
ITEM TITLE: An Ordinance relating to land use; vacating a certain portion of alley right –of-
way identified as two portions of undeveloped platted right -of -way in the
vicinity of East "R" Street and North 2nd Street.
SUBMITTED BY: William Cook, Director of Community and Economic Development
CONTACT PERSON / TELEPHONE: Doug Maples, Code Administration and Planning
Manager, 575 -6262
SUMMARY EXPLANATION:
On January 8, 2008 City Council approved the vacation requested by Dean Owens for two
® portions of undeveloped platted alley right -of -way more particularly described in Exhibit "A ", and
further directed staff to prepare the Vacation Ordinance. The Ordinance has been prepared
and is herein submitted for your adoption.
Resolution _ Ordinance X Contract _ Other (Specify)
Funding Source N/A '
APPROVAL FOR SUBMITTAL: 1—
�` ana.er
11‘1 .
STAFF RECOMMENDATION: Adopt the ordinance of vacation.
BOARD RECOMMENDATION: The City of Yakima Hearing Examiner recommended approval
of this right -of -way vacation on November 23, 2007.
• COUNCIL ACTION:
ORDINANCE NO. 2008-
• AN ORDINANCE relating to land use; vacating two certain portions of street right -of -way
identified as undeveloped platted alley in the vicinity of East R Street and
North 3 Street; Bill Hordan, acting on behalf of Dean Owens, is the applicant
herein.
WHEREAS, by application dated August 31, 2007, Dean Owens requested a vacation of two
portions of undeveloped platted City of Yakima right -of -way; the first running north and south
between East R Street and East S Street; the second running east to west in between two lots
abutting the north and two Tots abutting the south right -of -way boundaries, to the west of North 3rd
Street, more particularly described in Exhibit "A ", attached hereto and incorporated herein by this
reference; and
WHEREAS, the City of Yakima has no future plans for development of this undeveloped
platted right -of -way; and
WHEREAS, Dean Owens, the applicant/petitioner for this right -of -way vacation, owns all
parcels abutting the property subject to this vacation application; and
WHEREAS, on November 8, 2008, the Hearing Examiner for the City of Yakima conducted
II) an open- record public hearing regarding the requested right -of -way vacation; and
WHEREAS, on November 23, 2007 the Hearing Examiner issued Hearing Examiner's
Recommendation regarding UAZO R/W VAC #4 -07, (the "recommendation ") recommending that the
undeveloped platted alley right -of -way be vacated, said recommendation attached hereto and
incorporated herein by this reference as Exhibit "B "; and
WHEREAS; at an open- record public hearing held on January 8, 2008, the City Council
considered the requested right -of -way vacation, including the documents and other evidence which
comprise the record developed before the Hearing Examiner, the Hearing Examiner's
Recommendation, and the statements and comments of interested persons; and
WHEREAS, the City Council finds that the considerations of the Hearing Examiner in
response to the requirements and criteria of RCW Chapter 35.79, together with the City of Yakima
street vacation policy, are correct and appropriate, and that the same should be adopted by the City
Council as its findings herein; and
WHEREAS, no compensation to the City is necessary for this right -of -way vacation because
• the City has neither purchased, maintained nor improved the portion of the undeveloped platted
alley right -of -way proposed for vacation; and
(jc)ord /Owens -R -O -W Vacation 1
WHEREAS, the City Council finds that it is in the best interest of the City to enact the
following to approve the requested right -of -way vacation, Now Therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA: 4111
Section 1. The entire portion of the undeveloped platted alley right -of -way running north
and south between East R Street and East S Street, and a portion of undeveloped platted right -of-
way running east to west between two Tots abutting the north and two Tots abutting the south right -of-
way boundaries, to the west of North 3 Street, more particularly described in Exhibit "A ", attached
hereto and incorporated herein by this reference, is hereby vacated by the City of Yakima.
Section 2. The findings, conclusions and conditions within the November 23, 2007
Hearing Examiner's Recommendation (UAZO R/W VAC #4 -07) regarding this right -of -way vacation
are hereby adopted by the City Council as its findings, conclusions and conditions in support hereof,
pursuant to City vacation policy and RCW Chapter 35.79, and are incorporated herein by this
reference as if fully set forth herein.
Section 3. The right -of -way vacation granted by this ordinance is expressly conditioned
on Dean Owens' satisfaction of the following conditions, as stated on page 7 of the Hearing
Examiner's Recommendation:
a. Upon vacation, title to the vacated rights -of -way shall be vested in the petitioner who
owns the property on both sides of said vacated rights -of -way; and,
b. Upon vacation, the western half of the vacated north /south right -of -way shall be
zoned Central Business District Support (CBDS), while the remaining eastern half of
the vacated north /south right -of -way as well as the entire vacated east/west right -of-
way shall be zoned Light Industrial (M -1).
Section 4. Severability: If any section,, subsection, paragraph, sentence, clause or
phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall
not affect the validity of the . remaining portions of this ordinance.
Section 5. This ordinance shall be in full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this 5th
day of February, 2008.
David Edler, Mayor
ATTEST:
City Clerk
Publication Date: Effective Date:
(jc)ord /Owens -R -O -W Vacation 2
Exhibit "A"
Legal Description
That portion of the 13 foot alley lying westerly of Lot 6, Block 2 of Beckers Subdivision
according to the official plat thereof recorded in Volume `B" of Plats, page 3, records of
Yakima County, Washington, from the south boundary of said Lot 6 extended westerly to
the West boundary of said plat to the north boundary of said plat.
That portion of the 13 foot alley lying westerly of Lot 6, Block 6 of Hines Subdivision
® according to the official plat thereof recorded in Volume `B" of Plats, page 32, records of
Yakima County, Washington, from the north boundary of said Lot 6, extended westerly
to the west boundary of said plat to the south boundary of said plat.
That portion of the 20 foot alley lying north of Lots 5 and 6, Block 2 of Beckers
Subdivision according to the official plat thereof recorded in Volume `B" of Plats, page
3, records of Yakima County, Washington, and south of Lots 5 and 6, Block 6 of Hines
Subdivision according to the official plat thereof recorded in Volume `B" of Plats, page
32, records of Yakima County, Washington.
Exhibit "B"
Hearing Examiner's Recommendation
Attached is the Hearing Examiner's Recommendation for the Dean Owens Right -of -Way
Vacation dated November 23, 2007. (File R/W Vac #4 -07)
411
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City of 1l aki 3 ; : a, ♦ ♦ ashi l S g ` on ��pp lF
PLANNING Hearing Examiners Recd me d dtio t
November 23, 2007
In the Matter of Applicatio s i for Vacatio = r )
Of P‘ blic j': ghts -of Way Submitted by: ) UAZO R/W VAC # 4 -07
Petitioi # 07 -07
lean *we s )
To Vacate Two Portions of Alley Rights-of- )
Way between East " ! " & East "S" Streets )
And between North 2 North 3 Streets )
•
1[nfltrodnctio.i <. The chronology of the hearing process relative to this request to
vacate two portions of public rights -of -way can be summarized as follows:
1) The Hearing Examiner conducted a hearing on November 8, 2007.
Assistant. Planner Joseph Calhoun presented his staff report favoring the requested
right -of -way vacation. Bill Hordan of Hordan Planning Services also testified in
favor of the request on behalf of the petitioner /applicant, Dean Owens. No one
testified or submitted written comments in opposition to the requested right -of-
way vacation.
2) This public right -of -way vacation recommendation has been submitted
within ten business days after the hearing.
Sul I' a1l1 ary of Recom endation. The Hearing Examiner recommends that the
City Council approve Mr. Owens' request to vacate certain public rights -of -way.
Basis for i' ecomune datio Based upon a view of the site without anyone
else present on November 7, 2007; the staff report, exhibits, testimony and
evidence presented at an open record public hearing on November 8, 2007; and a
• Dean Owens 1
Vacation of Alley Rights -of -Way DOC.
•
E. "R" & "S "/N. 3rd & 4 Streets INDEX
R/W Vac #4 -07; Petition #07 -07
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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
I. Petitio l er /Ap 1ica Rut e Ow L er. The petitioner /applicant/property
owner is Dean Owens, 707 North 1 Street, Yakima, Washington.
H. Representative of Petitioner /Ap lica I t/Property Ow er. Mr. Owens'
representative is Bill Hordan of Hordan Planning Services, 410 North 2 Street,
Yakima, Washington.
III. LocatIlO1 . The location of the rights-of-way involved in this request is:
1) The first requested vacation area is a north/south 13- foot -wide alley
right -of -way between East "R" Street on the south and East "S" Street on the north
and between North 2 11d Street on the west and North 3 Street on the east.
2) The location of the second requested vacation is an east/west 20 -foot-
wide alley right -of way running east 100 feet from the north/south alley right -of-
way.
3) The first requested vacation area is on the east side of parcel number
181312-44011 and on the west side of parcel numbers 181312-33407 and 33455.
4) The second requested vacation area is between parcel numbers 181312-
33407 on the south and 33455 on the north.
IV. Legal 1 escriptio i . The legal descriptions of the rights -of -way involved in
this request are:
1) That portion of the 13 foot alley lying northerly of the southerly
boundary of Lot 6, Block 2 of Beckers Subdivision according to the official plat
Dean Owens 2
Vacation of Alley Rights -of -Way
E. "R" & "S "/N. 3rd & 4 Streets
R/W Vac #4 -07; Petition #07 -07 DOO.
INDEX
7. 2007
OAHU
thereof recorded in Volume "B" of Plats, page 3, records of Yakima County;' DIV"
Washington, and lying southerly of the northerly boundary of Lot 6, Block 6 of
Hines Subdivision, according to the official plat thereof recorded in Volume "B"
of Plats, page 32, records of Yakima County, Washington.
2) That portion of the 20 foot alley lying north of Lots 5 and 6, Block 2 of
Beckers Subdivision according to the official plat thereof recorded in Volume `B"
of Plats, page 3, records of Yakima County, Washington, and south of Lots 5 and
6, Block 6, Hines Subdivision, according to the official plat thereof recorded in
Volume "B" of Plats, page 32, records of Yakima County, Washington.
V. Notices. The Yakima City Council set November 8, 2007. as the date for the
public hearing regarding this request for vacation of rights -of -way by Resolution
No. R- 2007 -138 on October 2, 2007 in accordance with RCW 35.79.010. Notice
of the hearing was given more than twenty days before the hearing in the manner
required by RCW 35.79.020 and was given in additional ways as follows:
Publishing of notice in newspaper: October 8, 2007
Mailing of notice to property owners: October 9, 2007
Posting of notice on property: October 10, 2007
Posting of notice in three public places: October 10, 2007
VI. E Misr ental eview. 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.
VII. Transportation Capacity Management Orda alike. This request is an
exempt activity under the Transportation Capacity Management Ordinance.
VIII. ': ackgrotun d. On August 31, 2007 the City Department of Community
and Economic Development received this petition to vacate unimproved alley
rights -of -way. Public records indicate that the rights -of -way proposed for
Dean Owens 3
Vacation of Alley Rights -of -Way
E. "R" & "S "/N. 3rd & 4 Streets
DOC
R/W Vac #4 -07; Petition #07 -07
INDEX
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200
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vacation were dedicated to the City in 1906 by the Plat of Beckers Subdivisio Fa d a'! °G D.
in 1907 by the Plat of Hines Subdivision. The petition contains the requisite
signatures of two- thirds of the abutting property owners since petitioner Dean
Owens owns all the abutting parcels.
�X. Zoni g and Land Use. The property on both sides of the north/south right -
of -way is vacant and is zoned Central Business District Support (CBDS) on the
west side and Light Industrial (M -1) on the east side. The property on both sides
of the east/west right -of -way is also vacant and is zoned Light Industrial (M -1).
The properties beyond the property that is immediately adjacent to the rights -of-
way have the following characteristics:
Direction Zoning Land Use
North Light Industrial (M -1) Residential
South Two - Family Residential (R -2) Residential
East Light Industrial (M -1) Residential 0
West Central Business District Support (CBDS) Commercial
X. Development Services Tea . A Development Services Team meeting was
held on August 22, 2007 to discuss the possible impacts of approving the
requested right -of -way vacation. The DST comments included the following
observations:
(i) Building Permits /Codes: Access to the east/west alley would still be
available from North 3` Street.
(ii) Engineering Division: There are no road improvements in the area of
the right -of -way vacation request.
(iii) Utility Services: Only parcel number 191307 -33455 is currently
served by water and refuse service.
(iv) Wastewater: There are no concerns so long as the proposed vacation
does not impact sewer.
Dean Owens 4
Vacation of Alley Rights -of -Way
E. "R" & "S "/N. 3rd & 4 Streets
R/W Vac #4 -07; Petition #07 -07
INDEX
# ,AA -
2 ?007
(v) Water /Irrigation: No water or irrigation facilities exist within the_all .' WlV•
rights -of -way involved in this vacation request.
XL Criteria for the Vacation of Street or Alley Right -of Way. City policy
provides . the following specific criteria to be considered in determining the
propriety and requisites of street or alley right -of -way vacations:
1. Public ; t and !• easons Supporting the Proposed Vacation and
the Limits of the Proposed Vacation. The public benefit of the requested right-
of -way vacation would be to allow for the development of the petitioner's property
without the need to observe building setbacks from the unimproved rights -of -way
that are not needed for any public purpose. The property will be placed on the tax
rolls and there will be no potential maintenance costs for the City in the future.
The proposed vacation is limited to undeveloped alley rights -of -way over the
petitioner's property that cannot be extended due to existing development and lack
• of dedicated rights -of-way on surrounding properties.
2. Necessity for the Right-of-Way as Access to Property. The rights -of-
way involved in this request are not needed for access to any property because all
abutting properties have access to a public street.
3. Consistency with the Six Year Transportation Improvement Plan,
the Urban Area Comprehensive ;'Ian and other Official City Plans and
Policies. The subject rights -of -way are currently undeveloped and are not
included m the City's Six Year Transportation Improvement Plan. There are no
plans for improvement of the rights -of -way m any of the City's plans or policies.
4. Consistency with Existing and Anticipated Development in the Area
=eased on Zoning, Current Use and Long -Range Flans. The requested right -of-
way vacation will not adversely affect any existing or anticipated development m
the area. It will instead facilitate future development of the property. The entire
S Dean Owens 5
Vacation of Alley Rights -of -Way
E. "R" & "S "/N. 3` & 4 Streets
R/W Vac #4 -07; Petition #07 -07 i?
INDEX
AA-� -.
, ?.
vacated public right -of -way area will become a part of the petitioner's property by �e91..'
ulv,' .
virtue of RCW 35.79.040 since the petitioner owns all the property abutting the
rights -of -way involved in this request. The requested vacation will also facilitate
development of the petitioner's property by eliminating the need to provide
structural setbacks from unimproved rights -of -way that would otherwise remain
over the petitioner's property.
5. Provisions for _' elocation of Existing Utilities or Easements for
Existing Utilities. No existing public or private utilities or other improvements
are located within the right -of -way areas proposed for vacation.
6. Fair Market Appraisal and Compensation to the City.
Compensation to the City is not required under Subsection 1(C) of City Resolution
#R- 2007 -126 because the City has neither purchased, maintained nor made any
improvements to the rights -of -way involved in this vacation request, and no
planned or anticipated public purpose exists for maintaining these rights- of_way.
CONCLUSFI
Based on the above Findings, the Examiner reaches the following 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 hearings regarding petitions and resolutions to vacate public street and alley
rights -of -way and to make recommendations to the City Council relative thereto.
2. All public notice requirements for vacation of a street or alley right-of-way
have been completed in accordance with applicable statutory and ordinance
requirements.
3. SEPA review was not required because street and alley right -of -way
vacations are categorically exempt from SEPA review.
4. A traffic analysis report is not required for the requested right -of -way
vacation under the Transportation Capacity Management Ordinance.
Dean Owens 6
Vacation of Alley Rights -of -Way
E. "R" & "S "/N. 3r & 4"' Streets
R/W Vac #4 -07; Petition #07 -07 : ;;;;,
INDEX
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Y' 4" oT '\
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Nov 2 as zoo
• 5. No properties will be denied access to the public street system as a rewlf
this right -of -way vacation. P AwNvr3
6. This request for public right -of -way vacation does not conflict with any
planned street improvement projects or other plans or projects of the City of
Yakima.
7. The five criteria governing the approval of public street or alley right -of-
way vacations have all been satisfied.
8. Fair market compensation to the City is not required in this situation by City
Resolution R- 2007 -126.
9. The dedicated rights -of -way will become a part of the petitioner's property
by virtue of RCW 35.79.040 because the petitioner owns the abutting property on
both sides of the rights -of -way to be vacated.
RECOMMENDATION
The Hearing Examiner recommends to the Yakima City Council that the
north/south 13- foot -wide alley right -of -way between East "R" Street on the south
and East "S" Street on the north and between North 2 Street on the west and
North 3 Street on the east and the east/west 20 -foot -wide alley right -of way
running east 100 feet from the north/south alley right -of -way as described in
Petition #07 -07 and R/W VAC #4 -07 S MOIL BE VACATE €1, subject to the
following conditions:
1) Upon vacation, title to the vacated rights -of -way shall be vested m the
petitioner who owns the property on both sides of said vacated rights -of -way; and
2) Upon vacation, the western half of the vacated north/south right -of -way
shall be zoned Central Business District Support (CBDS), while the remaining
eastern half of the vacated north/south right -of -way as well as the entire vacated,
east/west right -of -way shall be zoned Light Industrial (M -1).
DATED this 23 day of November, 2007.
Gary M.0 illier, a'$ Baring Examiner
® Dean Owens 7
Vacation of Alley Rights -of -Way
E. "R" & "S "/N. 3r & 4 Streets
R/W Vac #4 -07; Petition #07 -07 ,,
DQC.
INDEX
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