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Home My WebLink About07/02/2013 14 Vacation, Vicinity of North 27th Ave and Wachsmith SubdivisionBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of: 7/2/2013 ITEM TITLE: Ordinance granting petition for street vacation, North 27th Avenue (Frosty Packing Co., LLC and 27th Avenue Properties, LLC). SUBMITTED BY: Steve Osguthorpe, Director of Community Development SUMMARY EXPLANATION: On June 18, 2013, the City Council considered the recommendation of the Hearing Examiner regarding the petition for street vacation of a portion of North 27th Avenue. The petition was submitted by Frosty Packing Co., LLC and 27th Avenue Properties, LLC. After consideration of the Hearing Examiner's recommendation and the record, the City Council voted to approve the requested street vacation. The attached Ordinance grants the requested street vacation subject to (a) retention of an easement in favor of the City for utilities, and (b) dedication of right -of -way by the petitioners sufficient to accommodate a turn - around area for emergency and fire department vehicles. Resolution: Other (Specify): Contract: Start Date: Item Budgeted: NA Funding Source /Fiscal Impact: Strategic Priority: Insurance Required? No Mail to: Phone: Ordinance: X Contract Term: End Date: Amount: Improve the Built Environment APPROVED FOR SUBMITTAL: City Manager RECOMMENDATION: Adopt Ordinance. Council considered street vacation at regular meeting on June 18, 2013, voted to approve. ATTACHMENTS: Name: Immmum ❑ Ordinance-Street Vacation Frosty Packing June 19 2013.doc Ordinance-Street Vacation Frosty Packing June 19 2013 F-1 Frosty FOS Vac Map.pdf frosty map ORDINANCE NO. 2013- AN ORDINANCE vacating, with conditions, a certain portion of North 27th Avenue right -of -way south of River Road and a portion of right -of -way south of Wachsmith Subdivision; Frosty Packing Co., LLC, and 27th Avenue Properties, LLC, as the petitioners herein. WHEREAS, Frosty Packing Co., LLC and 27th Avenue Properties, LLC, Washington limited liability companies ( "Petitioners "), have, pursuant to Chapter 35.79 RCW and Petition No 13 -01, under City of Yakima Department of Community Development file "Right of Way Vacation #001 -13," petitioned for vacation of that portion of North 27th Avenue legally described as follows: That portion of North 27th Avenue, within the plat of Wachsmith Subdivision recorded in Volume T of Plats, Page 50, records of Yakima County, Washington. Beginning at the north line of Lot 7, Block 2 and the north line of Lot 16, Block 3; thence south to the south line of said plat. Also that portion adjacent to the south line of Lot 11, Block 2 of said plat. Situated in Yakima County, State of Washington. All as further shown and described in the files and records herein; and WHEREAS, such petition being deemed complete, the petition, accompanied by the City's staff report and recommendation for disapproval, 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 April 25, 2013; and WHEREAS, the Hearing Examiner heard and considered all testimony and evidence presented at the open record public hearing, and issued his written Recommendation on May 9, 2013, which Recommendation concluded that the petition for street vacation should be denied; and WHEREAS, the City Council duly scheduled and held a closed record hearing on June 18, 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: 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 Petitioners, in combination, own and hold 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 existing City plans; 7. The proposed right -of -way vacation is consistent with applicable transportation plans, the Urban Area Comprehensive Plan, and other official plans and policies of the City; 8. The proposed right -of -way vacation, with the reservation of easements described below, does not adversely affect existing or future public utilities; 9. The right -of -way vacation is consistent with the requirements of Chapter 35.79 and with City of Yakima Resolution No. R- 2007 -126; 10. Vacation of the right -of -way will provide public benefit and promote the public welfare, including but not limited to: (a) promoting and providing economic development within the City of Yakima; (b) promoting the food 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 Street Property in conformity with existing uses and purposes of the M -1 Light Industrial Zone. 11. The right -of -way proposed to be vacated is right -of -way which the City has not purchased, maintained, nor made improvements to, and no planned or anticipated public purpose exists for maintaining the public right -of -way. Therefore, pursuant to City of Yakima Resolution No. 2007 -126, compensation is not required to be paid by Petitioner to the City; and 12. 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; and 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 27th Avenue, and within the additional portion dedicated for emergency vehicle access and turning radius as described in subsection (b) below, 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) Petitioners shall dedicate and convey to the City right -of -way within and adjoining the remaining portion of North 27th Avenue, at a location to be approved by the City, sufficient to provide construction and installation of an improved area for access and turning radius for fire department and emergency vehicles, all in accordance with City codes and standards, including but not limited the International Fire Code, Chapter 10.05 YMC. 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, except that portion of the Vacated Street Property south of and adjacent to the south line of Lot 11, Block 2 of said Wachsmith Subdivision shall vest in Lot 11, Block 2 of said Wachsmith Subdivision. All such property shall be zoned light industrial (M -1) under the Yakima Urban Area Zoning Ordinance; and 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, 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 27thAvenue, and within the additional portion dedicated for emergency vehicle access and turning radius as described in subsection (b) below, 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) Petitioners shall dedicate and convey to the City right -of -way within and adjoining the remaining portion of North 27th Avenue, at a location to be approved by the City, sufficient to provide construction and installation of an improved area for access and turning radius for fire department and emergency vehicles, all in accordance with City codes and standards, including but not limited the International Fire Code, Chapter 10.05 YMC. Section 4. 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, except that portion of the Vacated Street Property south of and adjacent to the south line of Lot 11, Block 2 of said Wachsmith Subdivision shall vest in Lot 11, Block 2 of said Wachsmith Subdivision. All such property shall be zoned light industrial (M -1) under the Yakima Urban Area Zoning Ordinance; Section 5. 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 6. 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 2nd day of July, 2013. Micah Cawley, Mayor ATTEST: Sonya Claar Tee, City Clerk Publication Date: Effective Date: NME 0 CORNER FOUND AS NOTED I' I i DAN MARTINEZ 0 V2'REBAR W/CAP #16909 SET i P.O. BOX 1552, YAKIMA, WA 98907 38( NAIL WITH WASHER SET LOCAnUN- N.27th AVE YAKIMA, WA 98902DOM Gray Surveying & Engineering, Inc. P.O. Box 510 0 2706 River Road Yakima, Wo 98902 * (509) 575-6434 DRAWN BY- JPT CHECKED BY- D.&G. TION EXHIBIT IND" 1"=10Y- DATE: 01/31/13 SHEET 1 OF