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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 • VEE , „,i07) 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 # L - '":7CEIVFD .`. iY 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 # AA -1 200 JF YAM 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 # ,AA -I r• Y' 4" oT '\ "EfvE' S 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 # AA-1