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.
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