HomeMy WebLinkAbout01/08/2008 20 Right-of-Way Vacation, Vicinity of 8th and 9th Sreet Between Chestnut Street and Yakima Avenue O BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
ITEM NO 2,0
FOR MEETING OF January 8, 2008
ITEM TITLE. An Ordinance relating to and use, vacating a certain portion of street right -of-
way identified as a platted alley running north and south along several lots running parallel with
8 and 9 street, in between Chestnut St. and Yakima Ave
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 November 6, 2007 City Council approved the vacation
requested by Yakima Hospitality, LLC , for a the entire portion of platted alley right -of -way
running north and south between eight lots at 802 E Yakima Ave abutting the west side of the
alley (Lots 9 through 16), and eight lots at 6 and 12 S 9th Street, and 810 E. Yakima Ave
S abutting the east side of the alley (Lots 1 through 8), and further directed staff to prepare the
Vacation Ordinance The applicant has since decided to only vacate the south 250 feet of the
alley, lying between five lots at 802 E. Yakima Ave (Lots 12 -16), and five lots at 12 S 9 Street
(Lots 1 -5), more particularly described in Exhibit "A ", attached to the proposed Ordinance
The Ordinance has been prepared to reflect the decision of the applicant to vacate less than
the original petition, and is herein submitted for your adoption
Resolution _ Ordinance X Contract _ Other (Specify)
Funding Source N/A
APPROVAL FOR SUBMITTAL. ‘-j�f
11 City Manager
STAFF RECOMMENDATION Adopt the Ordinance to vacate the requested portion of City
Right -of -Way
BOARD RECOMMENDATION The City of Yakima Hearing Examiner recommended approval
O of this right -of -way vacation on September 27, 2007
COUNCIL ACTION
0
ORDINANCE NO 2008 -
AN ORDINANCE relating to land use, vacating a certain portion of street right —of -way
identified as a platted alley running north and south along several lots
located parallel with 8 and 9 street, in between Chestnut St. and
Yakima Ave , and approving, with conditions, the general
recommendation of the Hearing Examiner for the City of Yakima
regarding the same, Yakima Hospitality, LLC, being identified as the
applicant herein
WHEREAS, by application dated July 24, 2007, Yakima Hospitality, LLC, requested a
vacation of a paved platted City of Yakima right -of -way running north and south between eight
lots at 802 E. Yakima Ave abutting the west side of the alley (Lots 9 through 16), and eight lots
at 6 and 12 S 9 Street, and 810 E. Yakima Avenue abutting the east side of the alley (Lots 1
through 8), and
WHEREAS, the City of Yakima has no future plans for development of this platted right -
of -way; and
WHEREAS, Yakima Hospitality, LLC, the applicant/petitioner for this right -of -way
III vacation, owns three of the five parcels abutting the property subject to this vacation application,
and
WHEREAS, on September 13, 2007 the Hearing Examiner for the City of Yakima
conducted an open- record public hearing regarding the requested right -of -way vacation, and
WHEREAS, on September 27, 2007 the Hearing Examiner issued Hearing Examiner's
Recommendation regarding UAZO RNV VAC #2 -07, (the "recommendation ") recommending
that the undeveloped platted alley right -of -way be vacated per applicant's request, said
recommendation attached hereto and incorporated herein by this reference as Exhibit "B ", and
WHEREAS, at an open- record public hearing held on November 6, 2007, 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, following the Council's consideration, the applicant requested a reduction in
the requested vacation to eliminate the six most northerly lot locations, resulting in a vacation
effecting five lots on each side of the requested vacation rather than eight on each side, and
• more particularly described in Exhibit "A ", attached hereto and incorporated herein by this
reference, and
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WHEREAS, The City Planning Department has reviewed the requested reduction in
vacation area and, insofar as the Hearing Examiner had approved a larger vacation than is now
requested, and insofar as the reduction in the requested vacation does not appear to impose
any greater problem for the City than may have existed by occurrence of the initially requested
vacation, the Planning Department has no objection to the alley vacation as has now been
amended by the applicant; 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, in accord with City of Yakima street vacation policy compensation to the
City is necessary for this right -of -way vacation in the amount of 50% of the appraised value, and
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.
Section 1 A portion of the platted alley right -of -way running north and south
between five lots at 802 E. Yakima Ave abutting the west side of the alley (Lots 12 through 16),
and five lots at 12 S 9 Street, abutting the east side of the alley (Lots 1 through 5), 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 September 27, 2007
Hearing Examiner's Recommendation (UAZO RNV VAC #2 -07), as amended by applicant's
recent request to reduce the area vacated, 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 Yakima Hospitality, LLC satisfying the following condition(s), as stated on page
9 of the Hearing Examiner's Recommendation •
a. A sixteen (16)- foot -wide utility easement for sanitary sewer, irrigation, electricity,
telephone and natural gas lines shall be maintained within the paved public right -
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of way to be vacated No buildings shall be constructed on top of any easement.
Any relocation of utilities will be at the developer's expense
b A manhole shall be required within the utility easement in accordance with
Section 7 65 150 of the Yakima Municipal Code at a location to be determined by
the City Engineer
c Fifty percent (50 %) of the appraised value of the entire vacated alley right -of -way
shall be paid to the City of Yakima prior to the vacation
d. Upon vacation, the property within the limits so vacated shall belong to the
abutting property owners, one -half to each, in accordance with Section 35 79 040
of the Revised Code of Washington
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
day of , 2008.
David Edler, Mayor
ATTEST
City Clerk
Publication Date Effective Date
•
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