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HomeMy WebLinkAboutR-2012-036 Three Partial Street Vacations Near Davis High School - Set Hearing Date RESOLUTION NO. R- 2012 -36 A RESOLUTION fixing time for public hearing before the Hearing Examiner on April 26, 2012, for three petitions filed for three partial street vacations near the Davis High School campus which include: (1) a portion of South 7th Avenue between West Walnut Avenue and West Pine Street, (2) a portion of West Spruce Street between the alley east of South 8 Avenue and the alley west of South 6 Avenue, and (3) a portion of the alley located between South 6th and 7th Avenues. WHEREAS, pursuant to RCW 35.79.010, three petitions have been filed with the City Clerk, requesting the vacation of portions of three streets or alleyways (or portions thereof) within the City of Yakima, a true copy of which petitions are attached and incorporated into this resolution, and WHEREAS, such petitions have been signed by the owners of more than two - thirds (2/3) of the property abutting upon the street or alley (or portion thereof) which are requested to be vacated, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The above - referenced petitions for vacation are hereby referred to the Hearing Examiner for a public hearing pursuant to section 1.43 080 of the City of Yakima Municipal Code. The Hearing Examiner is directed to make written recommendation to the City Council regarding said petitions. The Hearing Examiner Public Hearing shall be held on April 26, 2012 at 9:00 a.m. in the City Council Chambers of City Hall, which date and time are not more than sixty (60) days nor less than twenty (20) days after the passage of this resolution It is further resolved that the City Clerk give notice of the Hearing Examiner in the form and manner prescribed by RCW 35.79.020 and Section 1.43.080 of the City of Yakima Municipal Code. ADOPTED BY THE CITY COUNCIL this 6th day of March 2012. 4 y �` � Mayor V A h AT ST: h • City « erk * • *5 Ih y',cr oN __' "fir *�'. °"+ '� �+ ,l BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of: March 6, 2012 ITEM TITLE: Resolution to Set April 26, 2012 for a public hearing before the Hearing Examiner for three partial street and alley vacations on the.Davis High School campus. SUBMITTED BY: Joan Davenport, Acting CED Director CONTACT PERSON/TELEPHONE: Christine Wilson, Assistant Planner 576 -6736 SUMMARY EXPLANATION: Yakima School District has submitted three petitions for three partial street and alley vacations on the Davis High School campus which include: (1) a portion of South 7th Avenue between West Walnut Avenue and West Pine Street, (2) a portion of West Spruce Street between the alley east of South 8th Avenue and the alley west of South 6th Avenue, and (3) a portion of the alley located between South 6th and 7th Avenues. You are being asked to set the date for this public hearing before the Hearing Examiner for April 26, 2012. Resolution X Ordinance Other (specify) Contract: Mail to: Contract Term: Amount: Expiration Date: Insurance Required? No Funding Source: Phone: APPROVED FOR ,� / City Manager SUBMITTAL: . "',- Y 9 STAFF RECOMMENDATION: Set April 26, 2012 as the date for a public hearing by the Hearing Examiner on RWV #002 - 12 BOARD /COMMISSION RECOMMENDATION: - ATTACHMENTS: Click to download ❑ Resolution setting date for Hearing Examiner RECEIVED FEB 06 2012 CITY OF YAKIMA PLANNING DIV, PETITION NO. C CITY OF YAKIMA, WASHINGTION PETITION TO VACATE STREET OR ALLEY To the City Council of the City of Yakima, Washington. Comes now the undersigned petitioners and, pursuant to RCW Chapter 35.79, now respectfully show: The undersigned petitioners request that the following described street, alley or portion thereof, located in the City of Yakima, be vacated pursuant to RCW 35.79. (provide legal description below, or attach to petition, if lengthy). { Alley Way, Block 314 That portion of the alley way lying within Block 314, as shown on the Plat of Capitol Addition to North Yakima, now Yakima, recorded in Volume "A" of Plats, page 29, records of Yakima County, Washington, lying northerly of the northerly right of way line of West Pine Street and southerly of the southerly right of way line of West Spruce Street. Each of the undersigned petitioners is the owner of an interest in real estate abutting on the above- described area. The undersigned petitioners constitute owners of more than two - thirds of said abutting property. Wherefore, petitioners pray that proceedings be head hereon for the vacation of said area in the manner prescribed by RCW Chapter 35.79. Respectfully submitted, Name Address of Property Date Scott Izutsu 212 South 6` Avenue, Yakima, WA 98902 02/03/2012 • ATTACHMENT A.C. DAVIS HIGH SCHOOL MODERNIZATION & ADDITIONS ALLEY (between S. 7 and 6 Avenues) RIGHT -of -WAY VACATION — WRITTEN NARRATIVE A. What is the public benefit, reason for, and limitations of the proposed right - of - way vacation? The alley in question is, for all practical purposes, a part of the high school campus. It is located between existing classroom buildings and several portable classroom buildings. It is currently used for student and staff site access and parking. Vacating the alley will allow for expansion of the existing school structure and redirect site access and parking elsewhere on site. B. Does the vacation deny sole access to a public street for any property? No. The alley proposed to be vacated will be entirely on the high school site. The Transportation Impact Study included with the Type (3) Review indicates that no major impacts are anticipated as a result of the re- routing of on -site vehicular circulation, including vacating this alley. C. Is the proposal consistent with existing plans of the City? Yes. D. Is the vacation appropriate with existing zoning and land use? Yes. E. Are there any public or franchised utilities in the right -of -way to be vacated and if so, will they be relocated? Several existing utilities will be relocated. RECEIVED JAN 2 7 2012 CITY OF YAKIMA PLANNING DIV. RECEIVED JAN 2 72012 CITY OF YAKIMA CITY OF YAKIMA, WASHINGTON PLANNING DIV, DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT APLICATION FOR VACATION OF PUBLIC STREETS OR ALLEYS CITY OF YAKIMA, 129 NORTH SECOND STREET, YAIKIMA, WA 98901 (509) 575 -6113 INSTRUCTIONS 1. This application form must accompany a petition for the processing of right -of -way vacations. 2. Please print or type your answers. 3. This form is primarily for the purpose of establishing the principle applicant for any proposal to vacate a street or right -of -way. Often there may be many parties involved in a right -of -way vacation. It is important to establish which party is responsible for supplying the technical or detailed information required in this process. FEE A non - refundable fee is required for the processing of this application, payable to the "City of Yakima" at the time of filing of the application and petition. APPLICANT INFORMATION Name of applicant Yakima Public Schools Address of applicant 104 N. 4th Avenue: Yakima, WA 98902 Applicant's Telephone Number (509) 573 -7040 REQUIRED INFORMATION Persons or parties wishing to vacate a public street, alley or right -of -way (for access) must first submit a petition, which provides a legal description of the area. The included petition must be signed by property owners of two - thirds of the abutting property surrounding the right -of -way to be vacated. In addition, a narrative should be submitted which includes the following information 1. A statement which includes the calculation of the requirement for obtaining two- thirds of the property owner's signatures of abutting lands (which may include a parcel map), 2. The applicant must submit a written narrative declaring how the proposed right -of -way vacation meets the criteria for approving petitions for right -of -way vacations as summarized below. • a. The petition to vacate the right -of -way must explain the public benefits of the project, the reasons for the proposed vacation and the limits of the vacation. b. The vacation of any right -of -way cannot deny sole access to any property. c. Petitions should be consistent with the Six -year Transportation Improvement Plan, the N Urban Area Comprehensive Plan and other official City Plans and policies. c d. Vacation of Right -of -Ways should be appropriate with existing and anticipated o = development in the area, based upon zoning, current use and long -range plans. l� J e. Existing Public and Franchised utilities located in the right-of-ways to be be relocated at the expense of the developer or an adequate easement provided. If should determined that such existing utilities do not need to be relocated, this requirement may be waived. { ATTACHMENTS The following items should be submitted to complete this application for the vacation of public streets or alleys. The Department of Community and Economic Development may waive some items if the applicant submits a request that shows dust cause for such waiver. 1. A title search or report, is required to be submitted describing the legal status and ownership of the right -of -way (this requirement may be waived). 2. A survey of the area to be vacated (this requirement maybe waived). 3. The petition must contain an accurate legal description of the area to be vacated and should be accompanied by a map which identifies the area. A survey plat may be substituted for another map. 4. A fair market appraisal if the adjoining assessed values indicate expected value greater than $4,000. The complete policy of the Yakima City Council regarding required compensation from Right -of -Way Vacations is found in Resolution D -5630, adopted by the Yakima City Council on September 12, 1989. 5. Engineering plans as appropriate to indicate how the curb, gutter and other physical features will be treated after the vacation is enacted. 6. A traffic analysis prepared by a Certified Engineer is required by the City of Yakima Department of Public Works, which describes the impact to the City transportation network of the closure of the right -of -way. (This requirement may be waived.) The City Traffic Engineer will provide guidance in determining the scope of the review for each individual case. RECEWED FEB 0 6 2012 CITY OF YAKIMA PLANNING DIV. PETITION NO. 1 CITY OF YAKIMA, WASIIINGTION PETITION TO VACATE STREET OR ALLEY To the City Council of the City of Yakima, Washington. Comes now the undersigned petitioners and, pursuant to RCW Chapter 35.79, now respectfully show: The undersigned petitioners request that the following described street, alley or portion thereof, located in the City of Yakima, be vacated pursuant to RCW 35.79. (provide legal description below, or attach to petition, if lengthy). W. Spruce Street That portion of Spruce Street, as shown on the Plat of Capitol Addition to North Yakima, now Yakima, recorded in Volume "A" of Plats, page 29, records of Yakima County, Washington, lying easterly of the easterly right of way line of the alley way within Blocks 331 and 333 of said Plat and lying westerly of the easterly right of way line of the alley way within Blocks 313 and 314 of said Plat. Each of the undersigned petitioners is the owner of an interest in real estate abutting on the above - described area. The undersigned petitioners constitute owners of more than two- thirds of said abutting property. Wherefore, petitioners pray that proceedings be head hereon for the vacation of said area in the manner prescribed by RCW Chapter 35.79. Respectfully submitted, Name Address of Property Date Scott I zutsu 212 South 6th Avenue, Yakima, WA 98902 02/03/2012 RECeiVED ATTACHMENT JAN 2 7 202 A.C. DAVIS HIGH SCHOOL MODERNIZATION & ADDITIONS C PL.A N F YAK/MA MIIU(; LI IV. W. SPRUCE STREET RIGHT -of -WAY VACATION — WRITTEN NARRATIVE A. What is the public benefit, reason for, and limitations of the proposed right - of - way vacation? Vacating Spruce Street between the alleys west and east of S. 7 Avenue will contribute to unification of the campus as a whole, i.e. no non - school related vehicular traffic on site. This portion of Spruce Street will be incorporated into the rebuilt and expanded parking area. B. Does the vacation deny sole access to a public street for any property? No. The portion of Spruce Street proposed to be vacated will be entirely on the high school site. Spruce Street from the east of 7 Avenue to 6 Avenue has already been vacated and is part of the high school campus. The Transportation Impact Study included with the Type (3) Review indicates that no major impacts are anticipated as a result of the re- routing of on -site vehicular circulation, including vacating this portion of Spruce Avenue. C. Is the proposal consistent with existing plans of the City? Yes. D. Is the vacation appropriate with existing zoning and land use? Yes. E. Are there any public or franchised utilities in the right -of -way to be vacated and if so, will they be relocated? An existing gas line that serves the high school will remain. RECEIVED JAN 2 72012 CITY OF YAKIMA CITY OF YAKIMA, WASHINGTON PLANNING DIV. !i EPA]RTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT APLICATION FOR VACATION OF PUBLIC STREETS OR ALLEYS CITY OF YAKIMA, 129 NORTH SECOND STREET, YAKIMA., WA 98901 (509) 575-6113 INSTRUCTIONS 1. This application form must accompany a petition for the processing of right -of -way vacations. 2. Please print or type your answers. 3. This form is primarily for the purpose of establishing the principle applicant for any proposal to vacate a street or right -of -way. Often there may be many parties involved in a right -of -way vacation. It is important to establish which party is responsible for supplying the technical or detailed information required in this process. FEE A non - refundable fee is required for the processing of this application, payable to the "City of Yakima" at the time of filing of the application and petition. APPLICANT INFORMATION Name of applicant Yakima Public Schools Address of applicant 104 N. 4th Avenue, Yakima, WA 98902 Applicant's Telephone Number (509) 573 -7040 REQUIRED INFORMATION Persons or parties wishing to vacate a public street, alley or right -of -way (for access) must first submit a petition, which provides a legal description of the area. The included petition must be signed by property owners of two - thirds of the abutting property surrounding the right -of -way to be vacated. In addition, a narrative should be submitted which includes the following information: 1. A statement which includes the calculation of the requirement for obtaining two - thirds of the property owner's signatures of abutting lands (which may include a parcel map). t 2. The applicant must submit a written narrative declaring how the proposed right -of -way vacation meets the criteria for approving petitions for right -of -way vacations as summarized below. } a. The petition to vacate the right -of -way must explain the public benefits of the project, the reasons for the proposed vacation and the limits of the vacation. b. The vacation of any right -of -way cannot deny sole access to any property. c. Petitions should be consistent with the Six -year Transportation Improvement Plan, the N Urban Area Comprehensive Plan and other official City Plans and policies. LI c c -J) ° d. Vacation of Right -of -Ways should be appropriate with existing and anticipated development in the area, based upon zoning, current use and long -range plans. 0 me e. Existing Public and Franchised utilities located in the right -of -ways to be vacated should be relocated at the expense of the developer or an adequate easement provided. If it is determined that such existing utilities do not need to be relocated, this requirement may be waived. ATTACHMENTS The following items should be submitted to complete this application for the vacation of public streets or alleys The Department of Community and Economic Development may waive some items if the applicant submits a request that shows just cause for such waiver. 1. A title search or report, is required to be submitted describing the legal status and ownership of the right -of -way (this requirement may be waived). 2. A survey of the area to be vacated (this requirement may be waived). 3. The petition must contain an accurate legal description of the area to be vacated and should be accompanied by a map which identifies the area. A survey plat may be substituted for another map. 4. A fair market appraisal if the adjoining assessed values indicate expected value greater than $4,000. The complete policy of the Yakima City Council regarding required compensation from Right -of -Way Vacations is found in Resolution D -5630, adopted by the Yakima City Council on September 12, 1989. 5. Engineering plans as appropriate to indicate how the curb, gutter and other physical features will be treated after the vacation is enacted. 6. A traffic analysis prepared by a Certified Engineer is required by the City of Yakima Department of Public Works, which describes the impact to the City transportation network of the closure of the right -of -way. (This requirement may be waived.) The City Traffic Engineer will provide guidance in determining the scope of the review for each individual case. { RECEIVED FES m 6 2012 CITY OF YAKIMA PLANNING DIV. PETITION NO. 1 I' 014 CITY OF YAKIMA, WASHINGTION PETITION TO VACATE STREET OR ALLEY To the City Council of the City of Yakima, Washington. Comes now the undersigned petitioners and, pursuant to RCW Chapter 35.79, now respectfully show: The undersigned petitioners request that the following described street, alley or portion thereof, located in the City of Yakima, be vacated pursuant to RCW 35.79. $ (provide legal description below, or attach to petition, if lengthy). S. 7 Avenue That portion of 7 Avenue, formerly Tacoma Avenue, as shown on the Plat of Capitol. Addition to North Yakima, now Yakima, recorded in Volume "A" of Plats, page 29, records of Yakima County, Washington, lying northerly of the northerly right of way line of West Pine Street and southerly of the southerly right of way line of West Walnut Street. f I Each of the undersigned petitioners is the owner of an interest in real estate abutting on the above - described area. The undersigned petitioners constitute owners of more than two - thirds of said abutting property. Wherefore, petitioners pray that proceedings be head hereon for the vacation of said area in the manner prescribed by RCW Chapter 35.79. Respectfully submitted, Name Address of Property Date Scott Izutsu 212 South 6` Avenue, Yakima, WA 98902 02/03/2012 4- ATTACHMENT JAN 2 7 Zi;i2 A.C. DAVIS HIGH SCHOOL MODERNIZATION & ADDITIONS CITY OF YAKIMA PLANNING DIV. S. 7 AVENUE RIGHT -of -WAY VACATION — WRITTEN NARRATIVE 7 ` k A. What is the public benefit, reason for, and limitations of the proposed right -of -way vacation? The high school construction project includes an addition of a new three -story science and math building on the west side of what is currently 7 Avenue. Vacating 7 Avenue between W. Pine and W. Walnut Streets will unify the campus and eliminate a heavily used (morning and afternoon student drop -off and pick -up) vehicular path through the middle of campus. A pedestrian path and courtyard will be developed in its place along with additional parking with access directly off of Pine and Walnut Streets. The Transportation Impact Study included with the Type (3) Review reiterates that the vacation will provide safer pedestrian access between the areas east and west of 7 Avenue and more efficient mobility between the existing and proposed buildings. B. Does the vacation deny sole access to a public street for any property? i . No. The portion of 7 Avenue proposed to be vacated will be entirely on the high school site. The Transportation Impact Study indicates that no major impacts are anticipated as a result of the re- routing of on -site vehicular circulation, including vacating 7 Avenue. C. Is the proposal consistent with existing plans of the City? Yes. D. Is the vacation appropriate with existing zoning and land use? Yes. E. Are there any public or franchised utilities in the right -of -way to be vacated and if so, will they be relocated? There is currently a 6" water main on the east edge of 7 Avenue, which will be relocated during construction. fi RECEIVED JAN 2 72012 CITY OF YAKIMA CITY OF YAKIMA, WASHINGTON PLANNING OW. ) EPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT APLICATION FO VACATION OF PUBLIC STREETS OR ALLEYS CITY OF YAKIMA, 129 NORTH SECOND STREET, YAKIMA, WA 98901 (509) 575 -6113 INSTRUCTIONS 1. This application form must accompany a petition for the processing of right -of -way vacations. 2. Please print or type your answers. 3. This form is primarily for the purpose of establishing the principle applicant for any proposal to vacate a street or nght -of -way. Often there may be many parties involved in a right -of -way vacation. It is important to establish which party is responsible for supplying the technical or detailed information required in this process. FEE A non - refundable fee is required for the processing of this application, payable to the "City of Yakima" at the time of filing of the application and petition. APPLICANT INFORMATION Name of applicant Yakima Public Schools Address of applicant 104 N. 4th Avenue , Yakima, WA 98902 Applicant's Telephone Number (509) 573 -7040 REQUIRED INFORMATION Persons or parties wishing to vacate a public street, alley or right -of -way (for access) must first submit a petition, which provides a legal description of the area. The included petition must be signed by property owners of two - thirds of the abutting property surrounding the right -of -way to be vacated. In addition, a narrative should be submitted which includes the following information: 1. A statement which includes the calculation of the requirement for obtaining two - thirds of the property owner's signatures of abutting Iands (which may include a parcel map). 2. The applicant must submit a written narrative declaring how the proposed right -of -way vacation meets the criteria for approving petitions for right -of -way vacations as summarized below. a. The petition to vacate the right -of -way must explain the public benefits of the project, the reasons for the proposed vacation and the limits of the vacation. b. The vacation of any.right -of -way cannot deny sole access to any property. c. Petitions should be consistent with the Six -year Transportation Improvement Plan, the N Urban Area Comprehensive Plan and other official City Plans and policies. �° d. Vacation of Right -of -Ways should be appropriate with existing and anticipated �p o development in the area, based upon zoning, current use and long -range plans. 9 e. Existing Public and Franchised utilities located in the right -of -ways to be vacated should be relocated at the expense of the developer or an adequate easement provided. If it is determined that such existing utilities do not need to be relocated, this requirement may be waived. ATTACHMENTS The following items should be submitted to complete this application for the vacation of public streets or alleys. The Department of Community and Economic Development may waive some items if the applicant submits a request that shows just cause for such waiver. I. A title search or report, is required to be submitted describing the legal status and ownership of the right -of -way (this requirement may be waived). 2. A survey of the area to be vacated (this requirement may be waived). 3. The petition must contain an accurate legal description of the area to be vacated and should be accompanied by a map which identifies the area. A survey plat may be substituted for another map. 4. A fair market appraisal if the adjoining assessed values indicate expected value greater than $4,000. The complete policy of the Yakima City Council regarding required compensation from Right -of -Way Vacations is found in Resolution D -5630, adopted by the Yakima City Council on September 12, 1989. 5. Engineering plans as appropriate to indicate how the curb, gutter and other physical features will be treated after the vacation is enacted. 6. A traffic analysis prepared by a Certified Engineer is required by the City of Yakima Department of Public Works, which describes the impact to the City transportation network of the closure of the right -of -way. (This requirement may be waived.) The City Traffic Engineer will provide guidance in determining the scope of the review for each individual case.