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HomeMy WebLinkAbout06/04/2013 05E Vacation, Vicinity of North 2nd Ave, West Lincoln Ave, and West "D" Street1� tli} i r BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 5 �' For Meeting of: 6/4/2013 ITEM TITLE: Ordinance vacating portion of North 2nd Avenue ( "Hops Extract Street Vacation "). SUBMITTED BY: Steve Osguthorpe, AICP, Director, Community Development Department SUMMARY EXPLANATION: The attached Ordinance approves the vacation of that portion of North 2nd Avenue lying between West Lincoln Avenue and West "D" Street. On May 7, 2013, the City Council conducted a closed record hearing to consider the recommendation of the Hearing Examiner regarding the proposed street vacation. After considering the record, the Hearing Examiner's recommendation, and the testimony presented at the closed record hearing, the City Council voted to reject the Hearing Examiner's recommendation and to grant the petition for street vacation. The attached Ordinance approves the requested street vacation, adopts findings, and imposes conditions as originally recommended by staff. These conditions, including payment of $28,000 and finalization of an easement for public utilities, must be accomplished before the Ordinance can be recorded and the vacation becomes effective. Resolution: Other (Specify): Contract: Start Date: Item Budgeted: NA Funding Source /Fiscal Impact: Strategic Priority: Insurance Required? No Mail to: Phone: APPROVED FOR Ordinance: X Contract Term: End Date: Amount: Economic Development City Manager ORDINANCE NO. 2013- AN ORDINANCE vacating, with conditions, a certain tract of real property identified as that portion of North 2nd Avenue public right -of -way lying north of West Lincoln Avenue and south of West "D" Street in Yakima, Washington; Hops Extract Corporation of America as the petitioner herein. WHEREAS, Hops Extract Corporation of America, a Washington corporation ( "Petitioner'), 305 North 2nd Avenue, Yakima, Washington, has, pursuant to Chapter 35.79 RCW and Petition No 12 -05, under City of Yakima Department of Community Development file "Right of Way Vacation #003 -12" petitioned for vacation of that portion of North 2nd Avenue legally described as follows: That portion of North 2nd Avenue lying North of the North Right -of -Way of West Lincoln Avenue and South of the South Right -of -Way of West "D" Street Situated in Yakima County, State of Washington as shown and further described on the survey attached hereto as Exhibit "A" and incorporated herein by this reference, which property is hereafter called the "Vacated Street Property;" and WHEREAS, such petition being deemed complete, the petition, accompanied by the City's staff report and recommendation of approval with conditions, was set for open record public hearing before the Hearing Examiner pursuant to the procedures of YMC 1.43.080(H) and Chapter 35.79 RCW, who conducted such hearing pursuant to notice on February 14, 2013; and WHEREAS, the Hearing Examiner heard and considered all testimony and evidence presented at the open record public hearing, and continued such hearing until March 8, 2013 to allow submission of supplemental information by Petitioner and those opposing the petition, whereupon the record was closed; and WHEREAS, the Hearing Examiner issued his written Recommendation on March 22, 2013, which Recommendation concluded that the petition for street vacation should be denied; and 1 WHEREAS, the City Council duly scheduled and held a closed record hearing on May 7, 2013 to consider the petition and the Hearing Examiner's Recommendation; and WHEREAS, after considering the Hearing Examiner's Recommendation, the record herein, and the statements of interested persons made at the closed record hearing, the City Council Finds with respect to the requested right -of -way vacation that: 1. The petition for street vacation submitted by Petitioner has been deemed complete and subject to final disposition by the City Council; 2. All applicable procedures under state law, municipal code and City policies have been met and satisfied; 3. The street vacation herein is a legislative action and categorically exempt from SEPA review, as specified in WAC 197- 11- 800(2)(h) and Chapter 6.88 YMC; 4. Vacation of the right -of -way will not deprive any property of sole access; 5. The Petitioner, Hops Extract Corporation of America, a Washington corporation, owns and holds fee title to one hundred percent (100 %) of the land abutting the right -of -way to be vacated. 6. The right -of -way proposed to be vacated is not essential to other City plans; 7. The proposed right -of -way vacation is consistent with the Six Year Transportation Improvement Plan, the Urban Area Comprehensive Plan, and other official plans and policies of the City; 8. Based on zoning, current use and long -range plans, the proposed right -of -way vacation is compatible with existing and anticipated developments in the area; 9. The proposed right -of -way vacation, with the reservation of easements described below, does not adversely affect existing or future public utilities; 10. The right -of -way vacation is consistent with the requirements of Chapter 35.79 and with City of Yakima Resolution No. R- 2007 -126; 11. Vacation of the right -of -way will provide substantial public benefits, including but not limited to: (a) promoting and providing economic development within the City of Yakima; (b) promoting the hops processing industry, which is a vital component of the City of Yakima's economy; (c) providing continuing employment and employment opportunities for local residents, who contribute to the local economy in the form of wages paid, spent and saved locally; (d) vacation of such right -of -way will restore such property to taxable status for property tax purposes; (e) vacation of such right -of -way will reduce the City's obligations to repair, replace and maintain public rights -of -way, thereby reducing City expenditures of public funds; (f) promoting and allowing industrial uses of the Vacated ON and Street Property in conformity with existing uses and purposes of the M -1 Light Industrial Zone; (g) enhancing the safety of pedestrians and operators of vehicles upon the public streets, and of drivers of trucks and other vehicles entering upon, operating within, and exiting from the Vacated Street Property; and (h) improving the safety and efficiency of a local business supplying food -grade products in interstate commerce. 12. Compensation in the amount of $28,000.00 required to be paid by Petitioner to the City of Yakima is compliant with City of Yakima Resolution No. 2007 -126; and 13. Granting the petition for vacation of the subject property described herein, subject to the conditions stated below, is in the best interests of residents of the City of Yakima, and will promote the public good and the general health, safety and welfare; WHEREAS, having made the above and foregoing Findings, the City Council concludes and states conditions as follows: 1. The City Council has jurisdiction, in the exercise of its legislative powers, to grant vacation of public streets, or portions thereof, in the exercise of its discretion and in compliance with applicable law and procedure; 2. No objection having been made to the jurisdiction or ability of the City Council, or any member thereof, to hear and decide all issues herein, any such objection is hereby waived; 3. All hearings conducted in this matter are in compliance with all applicable procedures of state law, the City's municipal code, resolutions and procedures; 4. The Recommendation of the Hearing Examiner herein is rejected and the petition for street vacation herein should be granted subject to the following conditions and provisions: (a) An easement for public utilities shall be reserved to the City of Yakima and maintained across the entirety of the vacated portion of North 2nd Avenue, together with the right to exercise and grant easements therein for the construction, maintenance and repair of other public utilities and services, so long as such do not unreasonably interfere with Petitioner's use of the Vacated Street Property. The easements described herein shall include airspace sufficient to enable vehicles to perform necessary or appropriate construction, maintenance and repair of public utilities within such easements. Petitioner shall execute all necessary or appropriate instruments, upon forms satisfactory to the City (reviewed and reasonably approved by Petitioner's legal counsel), to accomplish the creation and /or retention of the easements described herein. Except as reserved above, all right -of -way use permits for the Vacated Street Property shall terminate as of the effective date of this Ordinance. (b) Existing street approaches from West Lincoln Avenue and West "D" Street will need to be modified with new sidewalk/curb and gutter in conformance with the city's standards for a commercial access approach. These changes may cause drainage or ponding issues that must be addressed at the time of construction to the satisfaction of the city's stormwater engineer. (c) If the Vacated Street Property is to be maintained as a private street the applicant shall immediately replace the existing white on blue street name signs for North 2nd Avenue at Lincoln Avenue, and at "D" Street, with a black on white street name sign. If fencing or gates are to be installed across North 2nd Avenue, reflective signs must be placed on the fence at 12 foot on center and at approximately 60 inches above the road surface. Ideally, these would be 18 "x18" OM -4 object markers but the city's Traffic Engineer may approve other signage that would provide the same function. (d) If the Vacated Street Property is to be maintained as a private street then the addresses for the buildings will not need to be changed. If the street is to be eliminated the addresses for the buildings will need to be changed to reflect an address from the street that will be used for primary access. (e) Fences or gates must align or set back from the face of the buildings on Lincoln Avenue and on "D" Street. Gates would be set back from the curb face along either Lincoln Avenue or "D" Street, (25' + / -) to allow for a delivery van or similar sized vehicle to pull completely off the road with the gate closed. (f) If a fence is installed and its height exceeds 6 feet, a building permit is required. A site plan will be required, as well as two (2) sets of building plans. (g) As soon as fencing is installed key boxes shall be installed in accordance with the 2009 International Fire Code (IFC), and Yakima Fire Department standards. The key box or locking mechanism will need to accommodate all entities that will need utility access, and will be a separate locking mechanism from the fire department key box. (h) Gate opening widths shall meet the requirements of the 2009 IFC for fire apparatus access and City of Yakima Fire Department Standards. (i) All water facilities shall remain in place and in service within the vacated right -of- way area. A site plan shall be provided that accurately shows all of the existing utilities (mains and services) within the existing right -of -way being proposed to be vacated, including identifying all easements being created. Access shall be maintained to allow for reading of water meter and any operation and maintenance required for existing water facilities. 0) Compensation shall be paid to the City in the sum of $28,000.00. Payment of the compensation described in this subsection 0) must be received and all other conditions satisfied prior to the recording of the vacation ordinance. 5. Subject to the foregoing conditions, title to Vacated Street Property shall vest in Petitioner, one half to each tax parcel abutting the vacated street right -of -way, which property shall be zoned light industrial (M -1) under the Yakima Urban Area Zoning Ordinance. one 4 WHEREAS, the City Council finds that it is in the best interest of the City to enact the following; now, therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA, WASHINGTON: Section 1. The findings, conclusions, and conditions set forth in the recitals above are hereby adopted by the City Council as its findings, conclusions, and conditions in support hereof, and are incorporated by this reference as if fully set forth herein. Section 2. The City of Yakima hereby vacates that certain tract of real property as legally described in the recitals above and in the document attached hereto and incorporated herein as Exhibit "A," subject to the conditions and provisions set forth in Section 3 below. Section 3. The vacation approved in Section 2 above is expressly conditioned and contingent upon completion and performance of the following conditions precedent: (a) An easement for public utilities shall be reserved to the City of Yakima and maintained across the entirety of the vacated portion of North 2nd Avenue, together with the right to exercise and grant easements therein for the construction, maintenance and repair of other public utilities and services, so long as such do not unreasonably interfere with Petitioner's use of the Vacated Street Property. The easements described herein shall include airspace sufficient to enable vehicles to perform necessary or appropriate construction, maintenance and repair of public utilities within such easements. Petitioner shall execute all necessary or appropriate instruments, upon forms satisfactory to the City (reviewed and reasonably approved by Petitioner's legal counsel), to accomplish the creation and /or retention of the easements described herein. Except as reserved above, all right -of -way use permits for the Vacated Street Property shall terminate as of the effective date of this Ordinance. (b) Existing street approaches from West Lincoln Avenue and West "D" Street will need to be modified with new sidewalk/curb and gutter in conformance with the city's standards for a commercial access approach. These changes may cause drainage or ponding issues that must be addressed at the time of construction to the satisfaction of the city's stormwater engineer. (c) If the Vacated Street Property is to be maintained as a private street the applicant shall immediately replace the existing white on blue street name signs for North 2nd Avenue at Lincoln Avenue, and at "D" Street, with a black on white street name sign. If fencing or gates are to be installed across North 2nd Avenue, reflective signs must be placed on the fence at 12 foot on center and at approximately 60 inches above the road 5 surface. Ideally, these would be 18 "x18" OM -4 object markers but the city's Traffic Engineer may approve other signage that would provide the same function. (d) If the Vacated Street Property is to be maintained as a private street then the addresses for the buildings will not need to be changed. If the street is to be eliminated the addresses for the buildings will need to be changed to reflect an address from the street that will be used for primary access. (e) Fences or gates must align or set back from the face of the buildings on Lincoln Avenue and on "D" Street. Gates would be set back from the curb face along either Lincoln Avenue or "D" Street, (25' + / -) to allow for a delivery van or similar sized vehicle to pull completely off the road with the gate closed. (f) If a fence is installed and its height exceeds 6 feet, a building permit is required. A site plan will be required, as well as two (2) sets of building plans. (g) As soon as fencing is installed key boxes shall be installed in accordance with the 2009 International Fire Code (IFC), and Yakima Fire Department standards. The key box or locking mechanism will need to accommodate all entities that will need utility access, and will be a separate locking mechanism from the fire department key box. (h) Gate opening widths shall meet the requirements of the 2009 IFC for fire apparatus access and City of Yakima Fire Department Standards. (i) All water facilities shall remain in place and in service within the vacated right -of- way area. A site plan shall be provided that accurately shows all of the existing utilities (mains and services) within the existing right -of -way being proposed to be vacated, including identifying all easements being created. Access shall be maintained to allow for reading of water meter and any operation and maintenance required for existing water facilities. 0) Compensation shall be paid to the City in the sum of $28,000.00. Payment of the compensation described in this subsection 0) must be received and all other conditions satisfied prior to the recording of the vacation ordinance. 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 4th day of June, 2013. Micah Cawley, Mayor ATTEST: Sonya Claar Tee, City Clerk Publication Date: Effective Date: T, —c' e— W, e- T i N 1 0 C,41 50 I W.R It I I West Li )In Avenue -------- -- T�l. - - --1 Ts"TiZ., - - - RECEIVED NOV 2 1 2P,12 CITY OF YAKIMA PLANNING I. &WEVOR'S CZ91LFICA TE s C. THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE REQ. NTSOFTHESURVEYRECORDINCs ACT AT THE REQUEST OF 14OPSTRACT EN SEPTEMBER, 2011. JAMES C. BELL LS 19894 4 x z