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HomeMy WebLinkAboutR-2011-091 West Valley Park Surplus One-Acre Parcel - Set Public Hearing Date RESOLUTION NO. R- 2011 -91 A RESOLUTION setting June 21, 2011 as public hearing date before the City Council, to consider declaration of surplus property, consisting of approximately one acre located within West Valley Park adjacent to West Valley Middle School, to be conveyed to West Valley School District for improvement for recreation purposes. WHEREAS, the City of Yakima and West Valley School District No. 208 are considering an Intergovernmental Land Transfer Agreement for the conveyance to the school district of a parcel of property approximately one acre size, currently built as two tennis courts, located adjacent to West Valley Middle School and within West Valley Park; and WHEREAS, pursuant to such proposed Agreement, the subject parcel will be developed as a restroom and concession facility serving the recreational and educational purposes of the school district; and WHEREAS, such Agreement also provides that the school district will pave and improve the parking lot adjacent to the subject parcel, which improvement benefits the public and the users of West Valley Park; and WHEREAS, in order to further consider such Agreement, it is necessary and appropriate to determine and declare such parcel to be surplus to the uses and needs of the City of Yakima; and WHEREAS, RCW 39.33.020 provides that, if the estimated value of such property exceeds $50,000, a public hearing shall be scheduled and conducted to consider such declaration of surplus; and WHEREAS, the estimated value of the subject parcel is under $50,000 but sufficiently close to warrant the scheduling and conducting of a public hearing; and WHEREAS, the City Council finds and determines that a public hearing should be set for June 21, 2011 to consider the proposed declaration of surplus for the subject parcel, and to then consider the proposed Intergovernmental Land Transfer Agreement; and WHEREAS, the City Council finds and determines that setting the public hearing as described herein is in the best interests of residents of the City of Yakima and will promote the general health, safety and welfare, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: 1. The public hearing concerning the proposed declaration of surplus of a parcel approximately one acre in size currently within West Valley Park adjacent to West Valley Middle School, and currently developed as two tennis courts, is set for June 21, 2011. 2. Such hearing shall be a public hearing, and the City Council may receive and consider all evidence and testimony presented at such hearing concerning such issue. ADOPTED BY THE CITY COUNCIL this 7 day of June, 2011. 411 (e4t) C4i Mic ah Cawle ayor ATTEST: City Cler • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of June 7, 2011 ITEM TITLE: Consideration of a Resolution setting June 21, 2011 as the date for public hearing to consider declaration of surplus of one -acre parcel in West Valley Park adjacent to West Valley Middle School. SUBMITTED BY: Jeff Cutter, City Attorney CONTACT PERSON/TELEPHONE: Mark Kunkler, Senior Assistant City Attorney - 575 -6030 SUMMARY EXPLANATION: West Valley School District and the City of Yakima are considering an Agreement whereby a one - acre parcel of West Valley Park (adjacent to West Valley Middle School), and currently improved as two tennis courts, would be conveyed to the school district for development of restroom and concession facilities. In consideration, the school district would agree to pave and improve the adjacent parking lot serving West Valley Park. In order to consider this Agreement, a public hearing must first be set to consider whether or not the subject parcel is surplus to the uses and needs of the City of Yakima. Resolution X Ordinance Other(Specify) Contract Mail to (name and address): Phone: Funding Source APPROVED FOR SUBMITTAL: C ;-1 amity Manager STAFF RECOMMENDATION: Adopt Resolution setting June 21, 2011 as date of public hearing. BOARD /COMMISSION /COMMITTEE RECOMMENDATION: COUNCIL ACTION: • • CITY OF YAKIMA II) LEGAL DEPAIRTYIENT 200 South Third Street, Yakima, Washington 98901 (509)575-6030 Fax (509575.6160 MEMORANDUM May 24, 2011 TO: Honorable Mayor and City Council Richard A. Zais, Jr., City Manager FROM: Mark Kunkler, Senior Assistant City Attorney SUBJECT: West Valley School District — West Valley Park Earlier this year, we received a request from West Valley School District regarding the ® possibility of transferring a one -acre parcel from West Valley Park to the School District. The parcel currently holds two (2) tennis courts constructed in 1985. The School District plans to remove the tennis courts and construct a concession stand and restroom facility on the site. The improvements would benefit the recreational use of the park and the West Valley Middle School facilities. In exchange, the School District proposes to use its funds to pave and improve the parking lot for the West valley Park. The parking lot is currently surfaced with gravel and adjoins West Valley Park and the tennis court property. Our analysis places the value of the tennis court property and improvements at about $50,000.00. The estimated value of the parking lot improvement is in excess of $150,000.00. Process: In order for the proposed conveyance to proceed, the following steps were followed: (a) Affirmation of Use. Written affirmations were received from Yakima County and the State of Washington Recreation & Conservation Office that the proposed use of the property by the School District is consistent with underlying covenants of West Valley Park that the property be used for "park and recreational purposes." • • Memorandum to Honorable Mayor and Members of the City Council May 26, 2011 Page 2 (b) Preparation of Boundary Line Adjustment. West Valley School District has been preparing an application for a Boundary Line Adjustment delineating the tennis court property. (c) Estimate of Value — Public Hearing — Surplus Property. City staff has prepared a written estimate of value of the tennis court parcel placing the estimated value at $49,380.00. Under state statutes, before city property can be conveyed to another governmental agency, the property must be declared surplus to the uses and needs of the city. If the estimated value of the property exceeds $50,000, a public hearing must be scheduled before the property can be declared surplus (RCW 39.33.020). In this case, because the estimated value is close to $50,000, it was deemed advisable to conduct the public hearing. (d) June 7, 2011 Set -date for Public Hearing. It is recommended that the City Council — at its June 7, 2011 Regular Meeting — adopt a resolution setting the date for the public hearing on June 21, 2011. (e) June 21, 2011 Public Hearing. On June 21, 2011, the City Council will conduct a public hearing regarding the proposed Declaration of Surplus for the one -acre tennis court property. At the conclusion of the hearing, if the Council finds the proposed declaration to be warranted, the council will be asked to adopt a resolution declaring the property surplus and authorizing an Agreement for Intergovernmental Land Transfer. The Agreement will set forth the timelines for the conveyance, SEPA Review, and parking lot improvements. • CITY OF YAKIMA • LEGAL DEPARTMENT MO south Think Sheet, Yakima, Washington 98901 (509)575 -6030 Fat (509)575-6160 MEMORANDUM May 13, 2011 TO: Honorable Mayor and City Council Richard A. Zais, Jr., City Manager FROM: Mark Kunkler, Senior Assistant City Attorney SUBJECT: Estimate of Value of "Tennis Court Property" — West Valley School District — West Valley Park The City of Yakima and West Valley School District No. 208 have been negotiating a proposed conveyance of approximately one acre of property located within West Valley Park adjacent to the West Valley Middle School. The School District desires to develop the parcel by adding a concession /restroom facility. In exchange, the School District has agreed to pave the parking lot adjacent to the property. The parking lot serves the West Valley Park and can be used for school events occurring on school property. The one acre parcel proposed for development is currently developed to hold two (2) tennis courts. The tennis courts were constructed in 1985 and have depreciated in value. In order to proceed with the proposed conveyance and parking lot improvement project, the "Tennis Court Property" must be declared surplus to the uses and needs of the City of Yakima. Pursuant to RCW 39.33.020, if the estimated value of the subject property is greater than $50,000,. a public hearing must be scheduled and conducted. The purpose of this memorandum is to provide that estimate of value and to memorialize the methodology supporting the estimate. Estimated Value: $49,380.00 Methodolockv: The methodology supporting the estimate draws from assessed valuations of comparable tennis court improvements within the City of Yakima, together • Memorandum to Honorable Mayor and Members of the City Council -. May 26, 2011 Page 2 with application of procedures used by the City of Yakima to estimate value of streets and rights of way to be vacated. A. Description of Property. The subject property ( "Tennis Court Property "), as described above, consists of a one acre parcel within a larger "parent parcel" (Yakima County Assessor's Parcel No. 181329- 34009). The parent parcel is one of the lots that make up West Valley Park. This parent parcel is 8.30 acres in size, with a 2011 assessed valuation of $124,500 (land) and $33,900 (improvement). The parent parcel is zoned. R -1 low density residential under the City of Yakima's Urban Area Zoning Ordinance. It is bounded on the south by the facilities and buildings of the West Valley Middle School; to the north by a single - family residential area (West Viola Avenue); to the east by residential units and undeveloped residential property; to the west by other parcels comprising West Valley Park. Wide Hollow Creek flows through the northerly half of the parent parcel. The Tennis Court Property, as shown by the attached Assessor's maps and Assessor Y p s information, is situated along the southerly portion of the parent parcel. The parking lot serving the area lies immediately north and. east of the Tennis Court Property. The parking lot is currently unpaved, and is surfaced with gravel. West Valley Park was conveyed by Yakima County to the City of Yakima in June 2008. Each of the Deeds for the parcels comprising West Valley Park include covenants that "the Property shall continue to remain in perpetuity for park or recreation purposes unless other equivalent lands or facilities within the County or the City are received in exchange therefore and the replacement lands or facilities are used in perpetuity for park or recreation purposes." These covenants would remain with the property to be conveyed to West Valley School District. (The . City of Yakima has received written documentation and confirmation from the State of Washington Recreation and Conservation Office and Yakima County that the proposed use of the Tennis Court Property is consistent with park and recreation purposes.) Thus, even though the parent parcel is zoned R -1 low density residential, the covenants and restrictions burdening the property limit the use to park and /or recreation purposes. The property is not subject to development to low density residential use. - The 2010 assessed values were $132,450 (land) and $35,300 (improvements). For purposes of this • analysis, it is assumed that the "improvement" is the tennis court facility. Memorandum to Honorable Mayor and Members of the City Council • May 26, 2011 Page 3 B. Methodology for Estimate of Value. Because of the restrictions placed upon the subject property, a standard appraisal using "highest and best use" is inapposite. Therefore, a more accurate approach is to compare market values of land and improvements currently developed as tennis court facilities. The Yakima Tennis Club has developed a parcel just east of North 40 Avenue (Yakima County Assessor's Parcel No. 181322- 12011). The property has been improved to include four (4) tennis courts. This property is also zoned R -1 low density residential and consists of 2.14 acres. The 2011 assessed value of the four tennis court improvement is $51,300.00. (The 2011 assessed land value is $140,400.00.) Because an independent land value has been assessed for the West Valley Park property, the assessed land value of the Yakima Tennis Club property is not relevant. However, the value of the Yakima Tennis Club Improvements (four . tennis courts) gives an approximate value of the value of the tennis courts at West Valley Park. Thus, the assessed value of two (2) Yakima Tennis Club 41 tennis courts (occupying approximately one acre) would be $25,650.00. The assessed land value of the 8.30 acre parent parcel at West Valley Park is $124,500.00. Consequently the relative value of one acre is approximately $15, 500.00. • Combining the comparable value of two tennis courts ($25,650) plus the comparable value of one acre of the West Valley Park parcel ($15,500) gives a total value of $41,150.00. For purposes of estimating the value of public rights of way in the street vacation process, the City typically determines assessed value plus twenty percent (20 %). Applying this methodology, 120% of $41,150 equals $49,380.00. 2 Under typical analysis, the highest and best use of the subject property would be single - family residential development A study of comparable land values supporting development of single - family residential homes would be used to find an appraised value of the property. However, the covenants barring such use negate this approach. 3 Adding the one acre assessed value of $15,500 to the $33,900 assessed value of the "improvement" on the parent parcel equals $49,400.00. If the 120% factor is applied to the assessed valuation of the one • acre parcel, without factoring in the assessed market value for the two Yakima Tennis Club courts, the amount is $59,280.00 (i.e., $15,500 land value, plus $33,900 improvement, times 1.20 equals $59,280.00). Memorandum to Honorable Mayor and Members of the City Council May 26, 2011 Page 4 C. Conclusion. The applicable statute governing declaration of surplus property provides: RCW 39.33.020 Disposal of surplus property -- Hearing -- Notice. Before disposing of surplus property with an estimated value of more than fifty thousand dollars, the state or a political subdivision shall hold a public hearing in the county where the property or the greatest portion thereof is located. At least ten days but not more than twenty -five days prior to the hearing, there shall be published a public notice of reasonable size in display advertising form, setting forth the date, time, and place of the hearing at least once in a newspaper of general circulation in the area where the property is located. A news release pertaining to the hearing shall be disseminated among printed and electronic media in the area where the property is located. If real property is involved, the public notice and news release shall identify the property using a description which can easily be understood by the public. If the surplus is real property, the public notice and news release shall also describe the proposed use of the lands involved. If there is a failure to substantially comply 'with the procedures set forth in this section, then the sale, transfer, exchange, lease, or other disposal shall be subject to being declared invalid by a court. Any such suit must be brought within one year from the date of the disposal agreement. Because the estimated value is very close to the $50,000 threshold, it has been our recommendation that the public hearing procedures of RCW 39.33.020 should be followed. Indeed, strict application of the "street vacation" model for valuation gives an estimated value of $59,280.00. However, the "street vacation methodology," while providing a good conservative general approach, is essentially a "rule of thumb" analysis — and subject to refinement using available comparable data. ?) u u u - . ..4. - - - • 0 A f , ) 0 0 fh r IT i (1) •< T M ei /.' Mata @ b = I\J 0 0 / 0) r 12. -- m 0 w z xi -.) 4. ' -P- --1. in • - V --1 PI 0 0 1) a 1 L.2 (Ai 0 r" co -0 r 1 ,:.: _, I -. . • ,, ,,z P1 0 t_.i., 0 M I - (-)-- z 0 j 0 z u) ':: 2 0 ii,...-,;,,I.,:i tlj -ri ______i 396.0 :li 2 0T 91' 41111.4 . 7,,.:':: ; ' ,..............---= ' . •••••■•• I..." 75TH AVE. 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II C Copyright 2009 City of Yakima. Washington. All rights reserved. Mall osdaarsr. armnron sho., on Ms map is alarming and masn papaws only. TM pry aYasms aaa mae no Mealy for any en omtas■ons Created: Wednesday, Apr. 13, 2011 at 2:12 PM or Inaccuracies m m ms e information provided or for any add, team. or pollen not saw by the Isar In nano m o . upon y maps rnfemauo, pro.deo herein