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Home My WebLink About04/02/2013 05C Right-of-Way Vacation, North 2nd Avenue, Set Hearing DateBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. -S For Meeting of: April 2, 2013 ITEM TITLE: Set date of May 7, 2013 for a closed record public hearing to consider Hearing Examiner's recommendation on a right -of -way vacation petition for a portion of North 2nd Avenue. SUBMITTED BY: Steve Osguthorpe, AICP Director of Community Development (509) 575 -3533 CONTACT Bruce Benson, Supervising Planner PERSON/TELEPHONE: (509) 575 -6042 SUMMARY EXPLANATION: Hops Extract Corporation submitted a petition for the right -of -way vacation of N 2nd Avenue between Lincoln Avenue and W "D" Street. The Hearing Examiner held an open record public hearing on this vacation on February 14, 2013 and has subsequently submitted his recommendation for the Council's consideration. This matter will come before you on May 7, 2013 for a closed record public hearing. Resolution Ordinance Other Set Date (specify) Contract: Mail to: Contract Term: Amount: Expiration Date: Insurance Required? No Funding Phone: Source: APPROVED FOR City Manager SUBMITTAL: STAFF RECOMMENDATION: Set May 7, 2013 as the date for a closed record public hearing before the City Council. BOARD /COMMISSION RECOMMENDATION: The Hearing Examiner has recommended denial of this petition. Click to download 71 Hearing Examiner Recommendation N W City of + T 9 March , 2013 A. Introduction. 1 1 # findings + process for this mattl Hops Extract Corporation Vacation between West D Street + West Lincoln RWV #003-12; Petition Hops Extract Corporation of America 2 Vacation of North 2d Avenue between West D Street & West Lincoln Avenue RWV #003-12; Petition #12-05 Aops Extract Corporation of America Vacation of North 2 nd Avenue between West D Street & West Lincoln Avenue RWV #003-12; Petition #12-05 1 (7) This street right-of-way vacation recommendation has been submitted within ten business days of March 8, 2013, when the record of this hearing was closed following the submittal of all of the exhibits into the record. B. Summary of Recommendation. The Hearing Examiner recommends that the Yakima City Council deny this request to vacate the portion of North 2" Avenue between West Lincoln Avenue and West "D" Street. I. Petitioner/Property Owner. The Petitioner and property owner is Hops Extra Corporation of America, 305 North 2 nd Avenue, Yakima, Washington (Exhibit E-3 al UUMM 11. LocationALetzal Descri2tion. The location and legal description of the street right- Hops Extract Corporation of America 4 Vacation of North 2d Avenue between West D Street & West Lincoln Avenue RNW #003-12; Petition #12-05 111. Description of Area of Requested Street Vacation. The area included within the Petitioner"s street Vacation request may be described as follows: V. Notices. The Yakima City Council referred this petition for vacation of street right- Hops Extract Corporation of America 5 Vacation of North 2`1 Avenue between West D Street & West Lincoln Avenue RNNT #003-12; Petition #12-05 VI. Environmental Review. Street vacations are categorically exempt from SEPA review per WAC 197-11-800(2)(h) and Chapter 6.88 of the Y` ma Municipal Code (Exhibit {4 -1, page 5). VII. Traffic Stu4L. This request is exempt from Street Segment Capacity Analysis (ExhibitA-1, page 5). Hops Extract Corporation of America 6 Vacation of North 2 d Avenue between West D Street & West Lincoln Avenue RNW #003-12; Petition #12-05 designation and the same Light Industrial (M-1) zoning classification, and they are also used for Class (1) permitted industrial land uses. (Exhibit A-], page 2). N nd c' (1) An easement for public utilities shall be maintained for the vacated portion of 2 Avenue. Hops Extract Corporation of America Vacation of North 2'd Avenue between West D Street & West Lincoln Avenue RWV #003-12; Petition #12-05 1 (10) Compensation shall be paid to the City in the surn of $28,000. Payment must be received and all other conditions satisfied prior to the recording of the vacation ordinance."' (Exhibit MMIIMM= (1) Public Benefit and Reasons Supporting the Proposed Vacation and the Limits of the Proposed Vacation. The limits of the proposed vacation consist of the 40,000 square feet of North 2"d Avenue bounded by West Lincoln Avenue on the south Hops Extract Corporation of America 8 Vacation of North 2 d Avenue between West D Street & West Lincoln Avenue RVVV #003-12; Petition #12-05 Hops Extract Corporation of America Vacation of North 2"d Avenue between West D Street & West Lincoln Avenue RVY'V #003-12; Petition #12-05 1 Hops Extract Corporation of America 1I Vacation of North 2 "d Avenue between West D Street & West Lincoln Avenue RYkIV #003-12; Petition #12-05 Aops Extract Corporation of America Vacation of North 2 "d Avenue between West D Street & West Lincoln Avenue RNVV #003-12; Petition Aops Extract Corporation of America 12 Vacation of North 2d Avenue between West D Street & West Lincoln Avenue RWV #003-12; Petition #12-05 Hops Extract Corporation of America 13 Vacation of North 2 d Avenue between West D Street & West Lincoln Avenue RWV #003-12; Petition Hops Extract Corporation of America 14 Vacation of North 2 nd Avenue between West D Street & West Lincoln Avenue RWV #003-12; Petition and residential uses of the property in the area under consideration. After weighing all these factors, the council determined that the vacation of one block of 36b Avenue South would serve a public purpose." "The legislature or, in this case, the city council is the proper body to weigh the benefit to the public. Only where there is no possible benefit to the public will this court review the legislative determination." Therefore, it would not appear to the Hearing Examiner that court decisions requiring a street vacation ordinance to be enacted for a public use or have within it some element of public use are requiring anything more than the indirect type of public purpose or public benefit described by the first quote in this subsection Hops Extract Corporation of America Vacation of North 2d Avenue between West D Street & West Lincoln Avenue RWV #003-12; Petition #12-05 Hops Extract Corporation of America Vacation of North 2d Avenue between West D Street & West Lincoln Avenue RXW #003-12; Petition Mops Extract Corporation of America 17 Vacation of North 2d Avenue between West D Street & West Lincoln Avenue RY;V #003-12; Petition #12-05 "Further, substantial interference with access may constitute a 'taking ot damaging' of property requiring compensation under our constitution.11 Hops Extract Corporation of America is Vacation of North 2'd Avenue between West D Street & West Lincoln Avenue RVVV #003-12; Petition #12-05 Hops Extract Corporation of America 19 Vacation of North 2d Avenue between West D Street & West Lincoln Avenue RWV #003-12; Petition #12-05 Hops Extract Corporation of America 21 Vacation of North 2"d Avenue between West D Street & West Lincoln Avenue ff,'.NVV #003-12; Petition Aops Extract Corporation of America 21 Vacation of North 2d Avenue between West D Street & West Lincoln Avenue RWV #003-12; Petition 14 feet of clearance for trucks and construction equipment. (Exhibit E-2, page 7,- Exhib B-I and Exhibit A-], page 5), 1 XI. Fair Market 3 pj2raisal and Compensation to the,Cijy. The Hearing Examiner's findings as to the fair market appraisal and compensation to the City if the Hops Extract Corporation of America 22 Vacation of North 2"d Avenue between West D Street & West Lincoln Avenue RWV #003-12; Petition Hops Extract Corporation Vacation of North 2d Avenue be West D Street Y West Lincoln Avenue RWV #003-12; Petition XCUMAMAM Based on the foregoing Findings, the Hearing Examiner reaches the following Hops Extract Corporation of America 24 Vacation of North 2nd Avenue between West D Street & West Lincoln Avenue RWV #003-12; Petition #12-05 Hops Extract Corporation of America 25 Vacation of North 2"d Avenue between West D Street & West Lincotn Avenue RWV #003-12; Petition businesses to the greatest extent possible in ways to be determined by the City Council by means it deems appropriate. (14) If the City Council decides to approve the requested street vacation, compensation of $28,000 must be paid to the City for the area to be vacated, prior to the recording of the ordinance of vacation, unless the City Council decides that a new appraisal should be ordered or that the street vacation compensation requirements of Resolution R-2007-126 should be modified. (15) If the City Council decides to approve the requested street vacation, the vacated right-of-way will belong to the adjacent parcels of property, one half to the adjacent parcels on each side thereof per RCW 35.79.040, and the vacated right-of-way will have the Light Industrial (M-1) zoning of the abutting property to which it will be added. The Hearing Examiner recommends to the Yakima City Council that the request to vacate North 2 d Avenue right-of-way between the West Lincoln Avenue right-of-way on the south and the West I'D" Street right-of-way on the north as is described in RWV "M M, Gary M. Cuillier, Hearing Examiner Hops Extract Corporation of America 24! Vacation of North 2"d Avenue between West D Street & West Lincoln Avenue RWV #003-12; Petition #12-05