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Home My WebLink About04/07/2015 08 Right-of-way Vacation, Vicinity of Tieton Drive Between 5th Avenue and 4th AvenueITEM TITLE: SUBMITTED BY: SUMMARY EXPLANATION: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 8. For Meeting of: April 7, 2015 Open record public hearing and ordinance to consider the Hearing Examiner's recommendation for a right-of-way vacation of a portion of Tieton Drive between 5th and 4th Avenue submitted by Community Health of Central Washington Joan Davenport, AICP, Community Development Director Robbie Aaron, Assistant Planner (509) 576-6736 Paul Kaschmitter has submitted a petition requesting the vacation of a portion of Tieton Drive. This section of public right-of-way was dedicated to the City of Yakima by the plat Lunds Addition to North Yakima, recorded September 19, 1904. The size of the area to be vacated is approximately 847 square feet. No properties will be denied sole access to the public street system by vacating this right-of-way. The petitioner in this action is the record owner of 100% of the privately owned properties contiguous with this right-of-way vacation petition. See complete record attached. The complete record is also on file with the City Clerk's Office, the Planning Division and the City's website. Resolution: Ordinance: X Other (Specify): Contract: Contract Term: Start Date: End Date: Item Budgeted: Amount: Funding Source/Fiscal Impact: Strategic Priority: Improve the Built Environment Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: City Manager RECOMMENDATION: Accept the Hearing Examiner's recommendation and adopt the Ordinance. ATTACHMENTS: Description Memo - Paul Kaschmitter/Community Health of Central 1-11 Washington 1-11 ordinance ROW 1-11 Ordinance exhibits Upload Date 3/30/2015 4/1/2015 Type Cover Memo Cover Memo 4/1/2015 Cover Memo Complete Record - Paul Kaschmitter/Community 171 3/30/2015 IBaclIcup IMlateirinal° Health of Central WA IN! 1 Y n Davenport, N I N ., .Phone 1509) 575-6183 Yakim (509) 575-6105 ivivw „y 'C kiln d'Cm,Z'd'C.. 1!°r1 C1 "^'i"+' YIalining Memo Date: April 7, 2015 To: Yakima City Council From: Robbie Aaron, Assistant Planner Subject: Tieton Drive Right-of-way Vacation ashingt n4901 Paul Kaschmitter, on behalf of Community Health of Central Washington, has petitioned for the vacation of a portion of the South 5 feet of Tieton Drive right -of way between South 4th Avenue and South 5th Avenue that was dedicated to the City of Yakima by the Plat Lund's Addition to North Yakima on September 19, 1904. The petitioner herein is the owner of two adjoining parcels. The open record public hearing on this matter was held before the Hearing Examiner on January 22, 2015 and concluded on February 5, 2015. There were no objectors to this vacation either orally or in writing. The examiner closed the hearing and subsequently, on February 20, 2015, submitted his written recommendation for the approval of this street vacation. At the time of this hearing city resolution No. R-2007-126 provided that, "For any public street, alley or any portion thereof within the City of Yakima valued at Twenty Thousand Dollars ($ 20,000) or Less, as determined by considering one hundred ten percent (110 %) of the Yakima County Assessor's valuation of said public street, alley or any portion thereof within the City of Yakima, that the party seeking vacation chooses not to provide an independent appraisal for, compensation in the amount of fifty five percent (55 %) of the Yakima County Assessor's valuation of the public street, alley or any portion thereof within the City of Yakima at the time of petition for vacation shall be required to be paid to the City prior to effective vacation, unless one of the exceptions noted in Subparagraphs 1C or 1D apply.." Such is the case with this vacation request and compensation in the amount of $2,319.30 has been recommended by both staff and the Hearing Examiner. In all matters concerned with this petition staff concurs with the Hearing Examiner's recommendation and therefore recommends that the Council adopt the accompanying ordinance based upon the Hearing Examiners' findings and conclusions. 01100, AN ORDINANCE ORDINANCE NO. 2015 - relating to land use; vacating a portion of the south five feet of Tieton Drive right-of-way between South 4th Avenue and South 5th Avenue in the City of Yakima, Washington. WHEREAS, by petition dated October 24, 2014 (Petition #14-03), Paul Kaschmitter, on behalf of Community Health of Central Washington, requested to vacate a portion of platted City of Yakima right-of-way more particularly described in Exhibit "A", attached hereto and incorporated herein by this reference; and WHEREAS, the City of Yakima has no future plans for development of this paved, platted street right-of-way; and WHEREAS, Community Health of Central Washington, the applicants/petitioners for this right-of-way vacation, own more than the necessary two thirds of the parcels abutting the property subject to this petition for vacation; and WHEREAS, on January 22, 2015, the Hearing Examiner for the City of Yakima conducted an open -record public hearing regarding the requested right-of-way vacation, and concluded the hearing on February 5, 2015; and WHEREAS, on February 20, 2015, the Hearing Examiner issued Hearing Examiner's Recommendation regarding RWV#002-14, (the "recommendation") recommending that the platted street right-of-way be vacated, and said recommendation is attached hereto and incorporated herein by this reference as Exhibit "B"; and WHEREAS, at an open -record public hearing held on April 7, 2015, the City Council considered the requested right-of-way vacation, including the documents and other evidence which comprise the record developed before the Hearing Examiner, the Hearing Examiner's Recommendation, and the statements and comments of interested persons; and WHEREAS, the City Council finds that the considerations of the Hearing Examiner in response to the requirements and criteria of RCW Chapter 35.79, together with the City of Yakima street vacation policy, are correct and appropriate, and that the same should be adopted by the City Council as its findings herein; and WHEREAS, compensation to the City is necessary for this right-of-way vacation in the amount of $2,319.30, which amount is one-half the appraised value of the area so vacated and is in accordance with RCW 35.79.030; and WHEREAS, the City Council finds that it is in the best interest of the City to enact the following to approve the requested right-of-way vacation; now, therefore: BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The portion of the south 5 feet of Tieton Drive right-of-way running east to west between South 4th Avenue and South 5th Avenue in the City of Yakima, Washington, more particularly described in Exhibit "A", attached hereto and incorporated herein by this reference, is hereby vacated by the City of Yakima. Section 2. The findings, conclusions and conditions within the February 20, 2015 Hearing Examiner's Recommendation (RWV#002-14) regarding this right-of-way vacation are hereby adopted by the City Council as its findings, conclusions and conditions in support hereof, pursuant to City vacation policy and RCW Chapter 35.79, and are incorporated herein by this reference as if fully set forth herein. Section 3. The right-of-way vacation granted by this ordinance is expressly conditioned on Community Health of Central Washington's satisfaction of the following conditions, as stated on page 11 of the Hearing Examiner's Recommendation: 1. Any part of the canopy that encroaches over the sidewalk and over the Tieton Drive right-of-way within the northeastern portion of Parcel Number 181324- 44424 shall either be removed or a City Right -of -Way Use Permit shall be obtained prior to the effective date of this requested street right-of-way vacation. 2. Compensation in the amount of $2,319.30 shall be paid to the City prior to the effective date of this requested street right-of-way vacation. 3. The vacated street right-of-way areas shall become part of the Parcel Numbers 181324-44424 and 181324-44429 respectively and shall be zoned Light Industrial (M-1). 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, and the vacation approved herein shall be effective upon recording with the Yakima County Auditor. PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this 71h day of April, 2015. ATTEST: Micah Cawley, Mayor City Clerk Publication Date: Effective Date: "Exhibit A" EXISTING LEGAL DESCRIPTION FOR PARCEL NO. 181324-44429 Lots 15 and 16, Block 276, Lund's Addition to North Yakima, now Yakima, recorded in Volume "A" of Plats, Page 103, records of Yakima County, Washington. LEGAL DESCRIPTION OF TIETON DRIVE RIGHT OF WAY TO BE VACATED FOR PARCEL NO. 181324-44429 Beginning at the Northwest corner of Lot 16, Block 276, Lund's Addition to North Yakima, now Yakima, recorded in Volume "A" of Plats, Page 103, records of Yakima County, Washington; thence North 71°23'15" East, along the North line of said Lot, 149.97 feet to the centerline of vacated alley within said block; thence North 18°37'38" West, along said centerline extended, 3.13 feet; thence South 74° 47'02" West 10.72 feet; thence South 70°56'30" West 139.28 feet to the West line of said Lot 16 extended; thence South 18°37'45" East, along said extended line, 2.68 feet to the Point of Beginning. SUBJECT TO an easement for utilities over, across and through the East 10 feet thereof. Containing 485 square feet. EXISTING LEGAL DESCRIPTION FOR PARCEL NO. 181324-44424 Lot 1, Block 276, Lund's Addition to North Yakima, now Yakima, recorded in Volume "A" of Plats, Page 103, records of Yakima County, Washington. LEGAL DESCRIPTION OF TIETON DRIVE RIGHT OF WAY TO BE VACATED FOR PARCEL NO. 181324-44424 Beginning at the Northeast corner of Lot 1, Block 276, Lund's Addition to North Yakima, now Yakima, recorded in Volume "A" of Plats, Page 103, records of Yakima County, Washington; thence South 71°23'15" West, along the North line of said Lot, 149.97 feet to the centerline of vacated alley within said block; thence North 18°37'38" West, along said centerline extended, 3.13 feet; thence North 74° 47'02" East 18.79 feet; thence North 71°03'10" East 131.22 feet to the East line of said Lot 1 extended; thence South 18°37'30" East, along said extended line, 2.78 feet to the Point of Beginning. SUBJECT TO an easement for utilities over, across and through the West 10 feet thereof. Containing 362 square feet. RECEIVED FEB 0 5 2015 CITY OF YAKIMA PLANNING DPI. DOC. INDEX # F-� "Exhibit B" City of Yakima, Washington Hearing Examiner's Recommendation February 20, 2015 In the Matter of an Application/Petition for Vacation of Street Right -of -Way Submitted by: Community Health of Central Washington To Vacate a Portion of the Tieton Drive Right -of -Way Between 4th and 5th Avenues RWV #002-14 Petition # 14-03 A. Introduction. Introductory findings relative to the hearing process for this matter may be summarized as follows: (1) The Hearing Examiner conducted an open record public hearing for this application/petition commencing on January 22, 2015. (2) Assistant Planner Robbie Aaron presented the Planning Division staff report recommending approval of the requested street right-of-way vacation. Supervising Planner Jeff Peters testified that approval of the requested street right-of-way vacation would provide an option for the applicant/petitioner to modify or remove the encroaching canopy on one of the parcels or to otherwise continue to apply for annual Right -of -Way Use Permits for that parcel. (3) The petitioner's representatives, Paul Kaschmitter of Community Health of Central Washington and Joe Baker of PLSA Engineering—Surveying—Planning, testified in favor of the requested street right-of-way vacation. Community Health of Central Washington Vacation of Portion of Tieton Drive Right - Of -Way Between 4`h and 5`h Avenues RWV #002-14; Petition #14-03 1 (4) Since the request was to vacate the south five feet of Tieton Drive right-of- way between 4th and 5th Avenues and since a recommended condition was to exclude the sidewalk areas from the area to be vacated and to provide a new legal description accomplishing that result, the hearing was continued for two weeks until February 5, 2015, for the petitioner to submit a new legal description and illustration including only the portion of the street right-of-way that is south of the sidewalk areas for the record of this matter. The hearing was continued on the record with notice thereof posted at the entrance of the hearing room. (5) At the continued hearing on February 5, 2015, a revised legal description and illustration dated February 5, 2015, which both included only the portion of the Tieton Drive street right-of-way south of the sidewalk areas were submitted for the record with additional testimony from Mr. Aaron, Mr. Kaschmitter and Mr. Baker in favor of the revised application/petition for vacation of street right-of-way. (6) No one testified or submitted written comments in opposition to this applica- tion/petition for vacation of street right-of-way. (7) This street right-of-way vacation recommendation has been submitted within ten business days of the conclusion of the hearing on February 5, 2015. B. Summary of Recommendation. The Hearing Examiner recommends that the Yakima City Council approve this request to vacate a portion of street right-of-way on the south side of Tieton Drive between 4th and 5th Avenues, subject to conditions. C. Basis for Recommendation. Based upon a view of the site without anyone else present on January 21, 2015; the staff report, exhibits, testimony and evidence presented at an open record public hearing commencing on January 22, 2015, and concluding on February 5, 2015; and a review of the Yakima Urban Area Comprehensive Plan, the Yakima Urban Area Zoning Ordinance, Chapter 35.79 of the Revised Code of Community Health of Central Washington Vacation of a Portion of Tieton Drive Right - Of -Way Between 4`" and 5th Avenues RWV #002-14; Petition #14-03 2 Washington and the City of Yakima's street right-of-way vacation policies; the Hearing Examiner makes the following: FINDINGS I. Applicant/Petitioner/Property Owner. The applicant/petitioner/property owner is Community Health of Central Washington (CHCW) and the site address is 501 South 5th Avenue, Yakima, Washington. The CHCW representatives at the hearing for this matter were Paul Kaschmitter and Joe Baker. II. Description of Right -of -Way Vacation Reau, est. The main aspects of this street right-of-way vacation request may be summarized as follows: (1) This is a request to vacate street right-of-way along the south side of Tieton Drive between 4th and 5th Avenues. (2) The parcels adjacent to the subject right-of-way are Assessor's Parcel Number 181324-44424 located at the corner of 4th Avenue and Tieton Drive and Assessor's Parcel Number 181324-44429 located at the corner of 5th Avenue and Tieton Drive. The alley on the south side of Tieton Drive between 4th and 5th Avenues has previously been vacated and is currently a public utility easement recorded under Yakima County Auditor's File No. 2380018. (3) The applicant/petitioner is the record owner of 100% of the private property contiguous to the subject right-of-way. (4) The portion of Tieton Drive right-of-way to be vacated along the north side of the eastern parcel, Parcel Number 181324-44424, which consists of 362 square feet is legally described as follows: Community Health of Central Washington Vacation of a Portion of Tieton Drive Right - Of -Way Between 4th and 5th Avenues RWV #002-14; Petition #14-03 3 "Beginning at the Northeast comer of Lot 1, Block 276, Lund's Addition to North Yakima, now Yakima, recorded in Volume "A" of Plats, Page 103, records of Yakima County, Washington; thence South 71°23'15" West, along the North line of said Lot, 149.97 feet to the centerline of vacated alley within said block; thence North 18°37'38" West, along said centerline extended, 3.13 feet; thence North 74°47'02" East 18.79 feet; thence North 71°03'10" East 131.22 feet to the East line of said Lot 1 extended; thence South 18°37'30" East, along said extended line, 2.78 feet to the Point of Beginning. SUBJECT TO an easement for utilities over, across and through the West 10 feet thereof." (5) The portion of Tieton Drive right-of-way to be vacated along the north side of the western parcel, Parcel Number 181324-44429, which consists of 485 square feet is legally described as follows: "Beginning at the Northwest corner of Lot 16, Block 276, Lund's Addition to North Yakima, now Yakima, recorded in Volume "A" of Plats, Page 103, records of Yakima County, Washington; thence North 71°23'15" East, along the North line of said Lot, 149.97 feet to the centerline of vacated alley within said block; thence North 18°37'38" West, along said centerline extended, 3.13 feet; thence South 74°47'02" West 10.72 feet; thence South 70°56'30" West 139.28 feet to the West line of said Lot 16 extended; thence South 18°37'45" East, along said extended line, 2.68 feet to the Point of Beginning. SUBJECT TO an easement for utilities over, across and through the East 10 feet thereof." (6) City of Yakima records indicate that the subject right-of-way was originally dedicated to the City by the Plat of Lund's Addition to North Yakima on September 19, 1904. A drive-through canopy was constructed on the northeastern portion of the eastern parcel, Parcel Number 181324-44424, for the former Solarity Credit Union use sometime after 2006 which encroaches over the south 4.13 feet of the Tieton Drive right-of-way and over the south 1.35 feet of the sidewalk in that location. A building was constructed on the western parcel, Parcel Number 181324-44429, for the former Solarity Credit Union use in 1980 that encroaches a distance over the Tieton Drive right-of-way which Community Health of Central Washington Vacation of a Portion of Tieton Drive Right - Of -Way Between 4th and 5,h Avenues RWV #002-14; Petition #14-03 4 ranges from 3.13 feet at the northeastern corner of that parcel to 2.68 feet at the northwestern corner of that parcel. The existing sidewalk is adjacent to the building on that parcel. (7) The reason behind this request is to dispense with the need to annually apply for City Right -of -Way Use Permits for both parcels and to help in obtaining financing in the future. The existing canopy would have to be modified or removed in order to accomplish that result for the eastern parcel, Parcel Number 181324-44424, even if this street right-of-way vacation request is approved by the City Council. Approval of the requested street right-of-way vacation would not change the existing use of the street, the sidewalk, parking areas or adjacent properties. III. Notices. The Yakima City Council referred this petition for vacation of right-of- way to the Hearing Examiner for a recommendation by Resolution No. R-2014-141 adopted on December 2, 2014, in accordance with RCW 35.79.010. Notice of the January 22, 2015, hearing was given more than twenty days before the hearing in the manner required by RCW 35.79.020 and was given in additional ways as follows: Publishing of notice in the Yakima Herald -Republic: Mailing of notice to the property owners within 300 feet: Posting of notice on the property: Posting of notice in three public places: December 23, 2014 December 23, 2014 January 2, 2015 January 2, 2015 IV. Hearing Examiner Jurisdiction. The Yakima Municipal Code provides in Sub- section 1.43.080(H) that the Hearing Examiner shall conduct public hearings on petitions and resolutions to vacate streets and public rights-of-way pursuant to RCW Chapter 35.79 and that decisions of the Hearing Examiner on such matters shall constitute recommendations to the Yakima City Council. Community Health of Central Washington Vacation of a Portion of Tieton Drive Right - Of -Way Between 4th and 5th Avenues RWV #002-14; Petition #14-03 5 V. Environmental Review. Street vacations are categorically exempt from State Environmental Policy Act (SEPA) review per WAC 197-11-800(2)(i) and Chapter 6.88 of the Yakima Municipal Code. VI. Traffic Study. The City Traffic Engineer has determined that a traffic study is not required for this street right-of-way vacation request. VII. Comprehensive Plan. Street rights-of-way do not have a Comprehensive Plan designation. Upon approval of street right-of-way vacations, the vacated areas receive the Comprehensive Plan designation of the adjacent properties. The Yakima Urban Area Comprehensive Plan designates all of the property adjacent to the area to be vacated as Industrial. VIII. Zoning and Land Uses. Zoning for the vacated portion of the Tieton Drive right-of-way will be Light Industrial (M-1) pursuant to YMC § 15.22.060(E) which provides that where a public right-of-way is vacated, the vacated area shall have the zoning district classification of the property to which it accrues. Properties near the area to be vacated have the following zoning and land uses: Direction Zoning North GC South M-1 East M-1 West M-1 Community Health of Central Washington Vacation of a Portion of Tieton Drive Right - Of -Way Between 4`h and 5th Avenues RWV #002-14; Petition #14-03 6 Land Use Offices Construction Equipment Sales Offices Construction Services IX. Development Services Team. The Development Services Team met on January 13, 2015. The City Traffic Engineer and Water/Irrigation Engineer recommend that no part of the existing sidewalk should be vacated. X. Criteria for the Vacation of Street Right -of -Way. The following five criteria set forth in the City's application form for street right-of-way vacations are considered in determining the propriety and requisites of street right-of-way vacations: (1) Public Benefit and Reasons Supporting the Proposed Vacation and the Limits of the Proposed Vacation. The limits of the proposed vacation are between 4th and 5th Avenues on the south side of Tieton Drive and consist of an 847 -square -foot strip of property ranging in width from 2.68 feet to 3.13 feet. The requested vacation of street right-of-way would eliminate the encroachment of a building that was built partially on the right-of-way in 1980 on the westernmost parcel and would allow the applicant/ petitioner to use the property up to the existing sidewalk, either with or without the existing encroachment of a canopy, on the easternmost parcel. The need for the applicant/petitioner to obtain an annual City Right -of -Way Use Permit would be eliminated for at least one of the parcels and future financing would be simplified without changing the use of the street, sidewalk areas, parking areas or adjacent properties. (2) Necessity for the Right -of -Way as Access to Property. The right-of-way involved in this request is not needed for access to any property because the applicant/petitioner owns all the private property abutting the areas in this street vacation request, and all of that property abuts a public street. (3) Consistency with the Six Year Transportation Improvement Plan, the Urban Area Comprehensive Plan and other Official City Plans and Policies. The requested street vacation will be consistent with the City's plans because there are no plans for improvement or use of the subject Tieton Drive right-of-way area in the City's Six Year Transportation Improvement Plan or in any of the City's other plans or policies. Even though there are plans for improvements to the intersection of Tieton Drive and 5th Avenue in the City's current Transportation Improvement Plan, the City Engineering Community Health of Central Washington Vacation of a Portion of Tieton Drive Right - Of -Way Between 4"' and 5th Avenues RWV #002-14; Petition #14-03 7 Department has stated that this proposed street right-of-way vacation would have no effect on the planned intersection improvements. (4) Consistency with Existing and Anticipated Development in the Area Based on Zoning, Current Use and Long -Range Plans. The requested right-of-way vacation would not adversely affect any existing or anticipated development in the area. It would eliminate the existing encroachment of existing development on the street right- of-way without requiring any changes to existing or anticipated development in the area. (5) Provisions for Relocation of Existing Utilities or Easements for Existing Utilities. No public or franchised utilities would be affected by the requested street right- of-way vacation which is limited to areas south of the existing sidewalk. XI. Fair Market Appraisal and Compensation to the City. City Resolution R- 2007-126 does not require a fair market appraisal of the area to be vacated because 110% of the Yakima County Assessor's assessed value of the square footage to be vacated is less than $20,000. Since the City has improved and maintained this Tieton Drive right- of-way following its dedication to the City, compensation in the amount of 55% of the County Assessor's valuation will be paid by the applicant/petitioner in the total amount of $2,319.30 which is calculated as follows: $4.95 (value per square foot for Parcel Number 181324-44424) x 362 square feet + $5.00 (value per square foot for Parcel Number 181324-44429) x 485 square feet x .55 — $2,319.30. The applicant/petitioner did not object to the recommended square footage amounts to be paid to the City. CONCLUSIONS Based on the Findings, the Hearing Examiner reaches the following Conclusions: Community Health of Central Washington Vacation of a Portion of Tieton Drive Right - Of -Way Between 4th and 5th Avenues RWV #002-14; Petition #14-03 8 (1) The Hearing Examiner has jurisdiction and authority by virtue of Subsection 1.43.080(H) of the Yakima Municipal Code to conduct an open record public hearing regarding an application, petition and resolution to vacate a public street right-of-way area and to make a recommendation to the City Council relative thereto. (2) All public notice requirements for vacation of a portion of street right-of-way have been completed in accordance with applicable statutes and ordinances. (3) SEPA review was not required because street right-of-way vacations are categorically exempt from SEPA review. (4) A traffic analysis is not required for the requested street right-of-way vacation. (5) Since the applicant/petitioner owns all the property abutting the Tieton Drive right-of-way area to be vacated, petition signatures were obtained from 100% of the owners abutting the area to be vacated. (6) The right-of-way to be vacated was dedicated to the City of Yakima by the Plat of Lund's Addition to North Yakima on September 19, 1904. (7) The Yakima Urban Area Comprehensive Plan designates the areas abutting the area to be vacated as Industrial. (8) The Yakima Urban Area Zoning Ordinance classifies the areas abutting the area to be vacated as Light Industrial (M-1). (9) No properties would be denied access to the public street system as a result of this right-of-way vacation since all parcels will have frontage on a public street. (10) This request for street right-of-way vacation would not conflict with any planned street improvement projects or other City plans or projects. (11) The requested street right-of-way vacation would not affect any public or franchised utility lines. (12) The requirements of RCW 35.79 and the City's five criteria governing the approval of public street right-of-way vacations have all been satisfied. (13) The recommended amount of compensation to be paid to the City would be a total of $2,319.30. Community Health of Central Washington Vacation of a Portion of Tieton Drive Right - Of -Way Between 4th and 5th Avenues RWV #002-14; Petition #14-03 9 (14) If the Yakima City Council approves the requested right-of-way vacation, the effect of RCW 35.79.040 in this situation is to make the vacated right-of-way a part of the two parcels of abutting property on the south owned by the applicant/petitioner since Tieton Drive right-of-way abuts the area to be vacated on the north. RECOMMENDATION The Hearing Examiner recommends to the Yakima City Council that the following portions of street right-of-way on the south side of Tieton Drive between 4th Avenue and 5th Avenue which are described in RWV #002-14 and Petition #14-03 as revised at the hearing SHOULD BE VACATED: (a) The portion of Tieton Drive right-of-way along the north side of Parcel Number 181324-44424 consisting of 362 square feet which is legally described as follows: "Beginning at the Northeast corner of Lot 1, Block 276, Lund's Addition to North Yakima, now Yakima, recorded in Volume "A" of Plats, Page 103, records of Yakima County, Washington; thence South 71°23'15" West, along the North line of said Lot, 149.97 feet to the centerline of vacated alley within said block; thence North 18°37'38" West, along said centerline extended, 3.13 feet; thence North 74°47'02" East 18.79 feet; thence North 71°03'10" East 131.22 feet to the East line of said Lot 1 extended; thence South 18°37'30" East, along said extended line, 2.78 feet to the Point of Beginning. SUBJECT TO an easement for utilities over, across and through the West 10 feet thereof." (b) The portion of Tieton Drive right-of-way along the north side of Parcel Number 181324-44429 consisting of 485 square feet which is legally described as follows: Community Health of Central Washington Vacation of a Portion of Tieton Drive Right - Of -Way Between 4th and 5th Avenues RWV #002-14; Petition #14-03 10 "Beginning at the Northwest corner of Lot 16, Block 276, Lund's Addition to North Yakima, now Yakima, recorded in Volume "A" of Plats, Page 103, records of Yakima County, Washington; thence North 71°23'15" East, along the North line of said Lot, 149.97 feet to the centerline of vacated alley within said block; thence North 18°37'38" West, along said centerline extended, 3.13 feet; thence South 74°47'02" West 10.72 feet; thence South 70°56'30" West 139.28 feet to the West line of said Lot 16 extended; thence South 18°37'45" East, along said extended line, 2.68 feet to the Point of Beginning. SUBJECT TO an easement for utilities over, across and through the East 10 feet thereof." The described street right-of-way areas SHOULD BE VACATED SUBJECT TO THE FOLLOWING CONDITIONS: (1) Any part of the canopy that encroaches over the sidewalk and over the Tieton Drive right-of-way within the northeastern portion of Parcel Number 181324-44424 shall either be removed or a City Right -of -Way Use Permit shall be obtained prior to the effective date of this requested street right-of-way vacation. (2) Compensation in the amount of $2,319.30 shall be paid to the City prior to the effective date of this requested street right-of-way vacation. (3) The vacated street right-of-way areas shall become part of Parcel Numbers 181324-44424 and 181324-44429 respectively and shall be zoned Light Industrial (M-1). DATED this 20`h day of February, 2015. Community Health of Central Washington Vacation of a Portion of Tieton Drive Right - Of -Way Between 4th and 5`h Avenues RWV #002-14; Petition #14-03 11 Gary M. C'ti liar, Hearing Examiner PAUL KASCHMITTER/COMMUNITY HEALTH OF CENTRAL WASHINGTON RWV#002-14 City Council Open Record Public Hearing April 7, 2015 EXHIBIT LIST Applicant: Paul Kaschmitter/Community Health of Central Washington File Number: RWV#002-14 Site Address: 501 S 5th Avenue Staff Contact: Robbie Aaron, Assistant Planner Table of Contents CHAPTER AA Hearing Examiner's Recommendation CHAPTER A Staff Report CHAPTER B Site Plan CHAPTER C Maps CHAPTER D DST Review & Agency Comments CHAPTER E Application CHAPTER F Public Notices CHAPTER G Correspondence AA -1 PAUL KASCHMITTER/COMMUNITY HEALTH OF CENTRAL WASHINGTON RWV#002-14 EXHIBIT LIST CHAPTER AA H.E. Recommendation Hearing Examiner's Recommendation 02/20/2015 City of Yakima, Washington Hearing Examiner's Recommendation February 20, 2015 In the Matter of an Application/Petition for Vacation of Street Right -of -Way Submitted by: Community Health of Central Washington To Vacate a Portion of the Tieton Drive Right -of -Way Between 4th and 5th Avenues RWV #002-14 Petition # 14-03 A. Introduction. Introductory findings relative to the hearing process for this matter may be summarized as follows: (1) The Hearing Examiner conducted an open record public hearing for this application/petition commencing on January 22, 2015. (2) Assistant Planner Robbie Aaron presented the Planning Division staff report recommending approval of the requested street right-of-way vacation. Supervising Planner Jeff Peters testified that approval of the requested street right-of-way vacation would provide an option for the applicant/petitioner to modify or remove the encroaching canopy on one of the parcels or to otherwise continue to apply for annual Right -of -Way Use Permits for that parcel. (3) The petitioner's representatives, Paul Kaschmitter of Community Health of Central Washington and Joe Baker of PLSA Engineering—Surveying—Planning, testified in favor of the requested street right-of-way vacation. Community Health of Central Washington Vacation of Portion of Tieton Drive Right - Of -Way Between 4th and 5th Avenues RWV #002-14; Petition #14-03 1 DOC• INDEX (4) Since the request was to vacate the south five feet of Tieton Drive right-of- way between 4th and 5th Avenues and since a recommended condition was to exclude the sidewalk areas from the area to be vacated and to provide a new legal description accomplishing that result, the hearing was continued for two weeks until February 5, 2015, for the petitioner to submit a new legal description and illustration including only the portion of the street right-of-way that is south of the sidewalk areas for the record of this matter. The hearing was continued on the record with notice thereof posted at the entrance of the hearing room. (5) At the continued hearing on February 5, 2015, a revised legal description and illustration dated February 5, 2015, which both included only the portion of the Tieton Drive street right-of-way south of the sidewalk areas were submitted for the record with additional testimony from Mr. Aaron, Mr. Kaschmitter and Mr. Baker in favor of the revised application/petition for vacation of street right-of-way. (6) No one testified or submitted written comments in opposition to this applica- tion/petition for vacation of street right-of-way. (7) This street right-of-way vacation recommendation has been submitted within ten business days of the conclusion of the hearing on February 5, 2015. B. Summary of Recommendation. The Hearing Examiner recommends that the Yakima City Council approve this request to vacate a portion of street right-of-way on the south side of Tieton Drive between 4th and 5th Avenues, subject to conditions. C. Basis for Recommendation. Based upon a view of the site without anyone else present on January 21, 2015; the staff report, exhibits, testimony and evidence presented at an open record public hearing commencing on January 22, 2015, and concluding on February 5, 2015; and a review of the Yakima Urban Area Comprehensive Plan, the Yakima Urban Area Zoning Ordinance, Chapter 35.79 of the Revised Code of Community Health of Central Washington Vacation of a Portion of Tieton Drive Right - Of -Way Between 4th and 5th Avenues RWV #002-14; Petition #14-03 2 DOC. INDEX # @�,-1 Washington and the City of Yakima's street right-of-way vacation policies; the Hearing Examiner makes the following: FINDINGS I. Applicant/Petitioner/Property Owner. The applicant/petitioner/property owner is Community Health of Central Washington (CHCW) and the site address is 501 South 5th Avenue, Yakima, Washington. The CHCW representatives at the hearing for this matter were Paul Kaschmitter and Joe Baker. II. Description of Right -of -Way Vacation Request. The main aspects of this street right-of-way vacation request may be summarized as follows: (1) This is a request to vacate street right-of-way along the south side of Tieton Drive between 4th and 5th Avenues. (2) The parcels adjacent to the subject right-of-way are Assessor's Parcel Number 181324-44424 located at the corner of 4th Avenue and Tieton Drive and Assessor's Parcel Number 181324-44429 located at the corner of 5th Avenue and Tieton Drive. The alley on the south side of Tieton Drive between 4th and 5th Avenues has previously been vacated and is currently a public utility easement recorded under Yakima County Auditor's File No. 2380018. (3) The applicant/petitioner is the record owner of 100% of the private property contiguous to the subject right-of-way. (4) The portion of Tieton Drive right-of-way to be vacated along the north side of the eastern parcel, Parcel Number 181324-44424, which consists of 362 square feet is legally described as follows: Community Health of Central Washington Vacation of a Portion of Tieton Drive Right - Of -Way Between 4th and 5th Avenues RWV #002-14; Petition #14-03 3 DOC. INDEX # "Beginning at the Northeast corner of Lot 1, Block 276, Lund's Addition to North Yakima, now Yakima, recorded in Volume "A" of Plats, Page 103, records of Yakima County, Washington; thence South 71°23'15" West, along the North line of said Lot, 149.97 feet to the centerline of vacated alley within said block; thence North 18°37'38" West, along said centerline extended, 3.13 feet; thence North 74°47'02" East 18.79 feet; thence North 71°03'10" East 131.22 feet to the East line of said Lot 1 extended; thence South 18°37'30" East, along said extended line, 2.78 feet to the Point of Beginning. SUBJECT TO an easement for utilities over, across and through the West 10 feet thereof." (5) The portion of Tieton Drive right-of-way to be vacated along the north side of the western parcel, Parcel Number 181324-44429, which consists of 485 square feet is legally described as follows: "Beginning at the Northwest corner of Lot 16, Block 276, Lund's Addition to North Yakima, now Yakima, recorded in Volume "A" of Plats, Page 103, records of Yakima County, Washington; thence North 71°23'15" East, along the North line of said Lot, 149.97 feet to the centerline of vacated alley within said block; thence North 18°37'38" West, along said centerline extended, 3.13 feet; thence South 74°47'02" West 10.72 feet; thence South 70°56'30" West 139.28 feet to the West line of said Lot 16 extended; thence South 18°37'45" East, along said extended line, 2.68 feet to the Point of Beginning. SUBJECT TO an easement for utilities over, across and through the East 10 feet thereof." (6) City of Yakima records indicate that the subject right-of-way was originally dedicated to the City by the Plat of Lund's Addition to North Yakima on September 19, 1904. A drive-through canopy was constructed on the northeastern portion of the eastern parcel, Parcel Number 181324-44424, for the former Solarity Credit Union use sometime after 2006 which encroaches over the south 4.13 feet of the Tieton Drive right-of-way and over the south 1.35 feet of the sidewalk in that location. A building was constructed on the western parcel, Parcel Number 181324-44429, for the former Solarity Credit Union use in 1980 that encroaches a distance over the Tieton Drive right-of-way which Community Health of Central Washington Vacation of a Portion of Tieton Drive Right - Of -Way Between 4th and 5th Avenues RWV #002-14; Petition #14-03 4 DOC. INDEX f ranges from 3.13 feet at the northeastern corner of that parcel to 2.68 feet at the northwestern corner of that parcel. The existing sidewalk is adjacent to the building on that parcel. (7) The reason behind this request is to dispense with the need to annually apply for City Right -of -Way Use Permits for both parcels and to help in obtaining financing in the future. The existing canopy would have to be modified or removed in order to accomplish that result for the eastern parcel, Parcel Number 181324-44424, even if this street right-of-way vacation request is approved by the City Council. Approval of the requested street right-of-way vacation would not change the existing use of the street, the sidewalk, parking areas or adjacent properties. III. Notices. The Yakima City Council referred this petition for vacation of right-of- way to the Hearing Examiner for a recommendation by Resolution No. R-2014-141 adopted on December 2, 2014, in accordance with RCW 35.79.010. Notice of the January 22, 2015, hearing was given more than twenty days before the hearing in the manner required by RCW 35.79.020 and was given in additional ways as follows: Publishing of notice in the Yakima Herald -Republic: Mailing of notice to the property owners within 300 feet: Posting of notice on the property: Posting of notice in three public places: December 23, 2014 December 23, 2014 January 2, 2015 January 2, 2015 IV. Hearing Examiner Jurisdiction. The Yakima Municipal Code provides in Sub- section 1.43.080(H) that the Hearing Examiner shall conduct public hearings on petitions and resolutions to vacate streets and public rights-of-way pursuant to RCW Chapter 35.79 and that decisions of the Hearing Examiner on such matters shall constitute recommendations to the Yakima City Council. Community Health of Central Washington Vacation of a Portion of Tieton Drive Right - Of -Way Between 4th and 5th Avenues RWV #002-14; Petition #14-03 5 DOC! INDEX V. Environmental Review. Street vacations are categorically exempt from State Environmental Policy Act (SEPA) review per WAC 197-11-800(2)(i) and Chapter 6.88 of the Yakima Municipal Code. VI. Traffic Study. The City Traffic Engineer has determined that a traffic study is not required for this street right-of-way vacation request. VII. Comprehensive Plan. Street rights-of-way do not have a Comprehensive Plan designation. Upon approval of street right-of-way vacations, the vacated areas receive the Comprehensive Plan designation of the adjacent properties. The Yakima Urban Area Comprehensive Plan designates all of the property adjacent to the area to be vacated as Industrial. VIII. Zoning and Land Uses. Zoning for the vacated portion of the Tieton Drive right-of-way will be Light Industrial (M-1) pursuant to YMC § 15.22.060(E) which provides that where a public right-of-way is vacated, the vacated area shall have the zoning district classification of the property to which it accrues. Properties near the area to be vacated have the following zoning and land uses: Direction North South East West Community Health of Central Washington Vacation of a Portion of Tieton Drive Right - Of -Way Between 4th and 5th Avenues RWV #002-14; Petition #14-03 Zoning Land Use GC Offices M-1 Construction Equipment Sales M-1 Offices M-1 Construction Services 6 DOC. INDEX IX. Development Services Team. The Development Services Team met on January 13, 2015. The City Traffic Engineer and Water/Irrigation Engineer recommend that no part of the existing sidewalk should be vacated. X. Criteria for the Vacation of Street Right -of -Waw The following five criteria set forth in the City's application form for street right-of-way vacations are considered in determining the propriety and requisites of street right-of-way vacations: (1) Public Benefit and Reasons Supporting the Proposed Vacation and the Limits of the Proposed Vacation. The limits of the proposed vacation are between 4th and 5th Avenues on the south side of Tieton Drive and consist of an 847 -square -foot strip of property ranging in width from 2.68 feet to 3.13 feet. The requested vacation of street right-of-way would eliminate the encroachment of a building that was built partially on the right-of-way in 1980 on the westernmost parcel and would allow the applicant/ petitioner to use the property up to the existing sidewalk, either with or without the existing encroachment of a canopy, on the easternmost parcel. The need for the applicant/petitioner to obtain an annual City Right -of -Way Use Permit would be eliminated for at least one of the parcels and future financing would be simplified without changing the use of the street, sidewalk areas, parking areas or adjacent properties. (2) Necessity for the Right -of -Way as Access to Property. The right-of-way involved in this request is not needed for access to any property because the applicant/petitioner owns all the private property abutting the areas in this street vacation request, and all of that property abuts a public street. (3) Consistency with the Six Year Transportation Improvement Plan, the Urban Area Comprehensive Plan and other Official City Plans and Policies. The requested street vacation will be consistent with the City's plans because there are no plans for improvement or use of the subject Tieton Drive right-of-way area in the City's Six Year Transportation Improvement Plan or in any of the City's other plans or policies. Even though there are plans for improvements to the intersection of Tieton Drive and 5th Avenue in the City's current Transportation Improvement Plan, the City Engineering Community Health of Central Washington Vacation of a Portion of Tieton Drive Right - Of -Way Between 4`h and 5th Avenues RWV #002-14; Petition #14-03 7 DOC. INDEX 1I. i Department has stated that this proposed street right-of-way vacation would have no effect on the planned intersection improvements. (4) Consistency with Existing and Anticipated Development in the Area Based on Zoning, Current Use and Long -Range Plans. The requested right-of-way vacation would not adversely affect any existing or anticipated development in the area. It would eliminate the existing encroachment of existing development on the street right- of-way without requiring any changes to existing or anticipated development in the area. (5) Provisions for Relocation of Existing Utilities or Easements for Existing Utilities. No public or franchised utilities would be affected by the requested street right- of-way vacation which is limited to areas south of the existing sidewalk. XI. Fair Market Appraisal and Compensation to the City. City Resolution R- 2007-126 does not require a fair market appraisal of the area to be vacated because 110% of the Yakima County Assessor's assessed value of the square footage to be vacated is less than $20,000. Since the City has improved and maintained this Tieton Drive right- of-way following its dedication to the City, compensation in the amount of 55% of the County Assessor's valuation will be paid by the applicant/petitioner in the total amount of $2,319.30 which is calculated as follows: $4.95 (value per square foot for Parcel Number 181324-44424) x 362 square feet + $5.00 (value per square foot for Parcel Number 181324-44429) x 485 square feet x .55 = $2,319.30. The applicant/petitioner did not object to the recommended square footage amounts to be paid to the City. CONCLUSIONS Based on the Findings, the Hearing Examiner reaches the following Conclusions: Community Health of Central Washington Vacation of a Portion of Tieton Drive Right - Of -Way Between 4`h and 5th Avenues RWV #002-14; Petition #14-03 8 DOC. INDEX # 414-1 (1) The Hearing Examiner has jurisdiction and authority by virtue of Subsection 1.43.080(H) of the Yakima Municipal Code to conduct an open record public hearing regarding an application, petition and resolution to vacate a public street right-of-way area and to make a recommendation to the City Council relative thereto. (2) All public notice requirements for vacation of a portion of street right-of-way have been completed in accordance with applicable statutes and ordinances. (3) SEPA review was not required because street right-of-way vacations are categorically exempt from SEPA review. (4) A traffic analysis is not required for the requested street right-of-way vacation. (5) Since the applicant/petitioner owns all the property abutting the Tieton Drive right-of-way area to be vacated, petition signatures were obtained from 100% of the owners abutting the area to be vacated. (6) The right-of-way to be vacated was dedicated to the City of Yakima by the Plat of Lund's Addition to North Yakima on September 19, 1904. (7) The Yakima Urban Area Comprehensive Plan designates the areas abutting the area to be vacated as Industrial. (8) The Yakima Urban Area Zoning Ordinance classifies the areas abutting the area to be vacated as Light Industrial (M-1). (9) No properties would be denied access to the public street system as a result of this right-of-way vacation since all parcels will have frontage on a public street. (10) This request for street right-of-way vacation would not conflict with any planned street improvement projects or other City plans or projects. (11) The requested street right-of-way vacation would not affect any public or franchised utility lines. (12) The requirements of RCW 35.79 and the City's five criteria governing the approval of public street right-of-way vacations have all been satisfied. (13) The recommended amount of compensation to be paid to the City would be a total of $2,319.30. Community Health of Central Washington Vacation of a Portion of Tieton Drive Right - Of -Way Between 4`h and 5th Avenues RWV #002-14; Petition #14-03 9 DOC. INDEX # (14) If the Yakima City Council approves the requested right-of-way vacation, the effect of RCW 35.79.040 in this situation is to make the vacated right-of-way a part of the two parcels of abutting property on the south owned by the applicant/petitioner since Tieton Drive right-of-way abuts the area to be vacated on the north. RECOMMENDATION The Hearing Examiner recommends to the Yakima City Council that the following portions of street right-of-way on the south side of Tieton Drive between 4th Avenue and 5th Avenue which are described in RWV #002-14 and Petition #14-03 as revised at the hearing SHOULD BE VACATED: (a) The portion of Tieton Drive right-of-way along the north side of Parcel Number 181324-44424 consisting of 362 square feet which is legally described as follows: "Beginning at the Northeast corner of Lot 1, Block 276, Lund's Addition to North Yakima, now Yakima, recorded in Volume "A" of Plats, Page 103, records of Yakima County, Washington; thence South 71°23'15" West, along the North line of said Lot, 149.97 feet to the centerline of vacated alley within said block; thence North 18°37'38" West, along said centerline extended, 3.13 feet; thence North 74°47'02" East 18.79 feet; thence North 71°03'10" East 131.22 feet to the East line of said Lot 1 extended; thence South 18°37'30" East, along said extended line, 2.78 feet to the Point of Beginning. SUBJECT TO an easement for utilities over, across and through the West 10 feet thereof." (b) The portion of Tieton Drive right-of-way along the north side of Parcel Number 181324-44429 consisting of 485 square feet which is legally described as follows: Community Health of Central Washington Vacation of a Portion of Tieton Drive Right - Of -Way Between 4th and 5`h Avenues RWV #002-14; Petition #14-03 10 DOC. INDEX # A A - "Beginning at the Northwest corner of Lot 16, Block 276, Lund's Addition to North Yakima, now Yakima, recorded in Volume "A" of Plats, Page 103, records of Yakima County, Washington; thence North 71°23'15" East, along the North line of said Lot, 149.97 feet to the centerline of vacated alley within said block; thence North 18°37'38" West, along said centerline extended, 3.13 feet; thence South 74°47'02" West 10.72 feet; thence South 70°56'30" West 139.28 feet to the West line of said Lot 16 extended; thence South 18°37'45" East, along said extended line, 2.68 feet to the Point of Beginning SUBJECT TO an easement for utilities over, across and through the East 10 feet thereof." The described street right-of-way areas SHOULD BE VACATED SUBJECT TO THE FOLLOWING CONDITIONS: (1) Any part of the canopy that encroaches over the sidewalk and over the Tieton Drive right-of-way within the northeastern portion of Parcel Number 181324-44424 shall either be removed or a City Right -of -Way Use Permit shall be obtained prior to the effective date of this requested street right-of-way vacation. (2) Compensation in the amount of $2,319.30 shall be paid to the City prior to the effective date of this requested street right-of-way vacation. (3) The vacated street right-of-way areas shall become part of Parcel Numbers 181324-44424 and 181324-44429 respectively and shall be zoned Light Industrial (M-1). DATED this 20th day of February, 2015. Community Health of Central Washington Vacation of a Portion of Tieton Drive Right - Of -Way Between 4th and 5th Avenues RWV #002-14; Petition #14-03 11 Gary M. C uillier, Hearing Examiner PAUL KASCHMITTER/COMMUNITY HEALTH OF CENTRAL WASHINGTON RWV#002-14 '11111iic fir motiod* I�� EXHIBIT LIST CHAPTER A Staff Report ' /1/ 4/2 7(ti/ " /// ( COMMUNITY VELOPMENT DEPARTMENT Planning Division 129 Noah Second Si1, 2m1 PT Yakl hi Pone (509) 575-6183 Fax (509) 575-61 an it a k.pl � ' gqyakla�wo.gov http:// wwmyaklmown, /services/planning/ CITY OF YAKIMA FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATION for PETITION FOR RIGHT-OF-WAY VACATION Application Number: RVW#002-14 PETITIONER: Paul Kaschmitter, on behalf of Community Health of Central Washington REQUEST: Proposed public right-of-way vacation of 298.97 lineal feet of the south 5 feet of Tieton Drive between 5th Avenue and 4th Avenue. PROJECT LOCATION: 501 South 5th Ave. PARCEL NUMBER(S): Adjacent Parcels: 18132444424 & 18132444429 DATE OF REQUEST: October 24, 2014 DATE OF HEARING: January 22, 2015 STAFF CONTACT: Robbie Aaron, Assistant Planner SUMMARY OF RECOMMENDATION: The City of Yakima Planning Division recommends approval of this vacation request subject to conditions. From the view of the site, the matters contained in the application, Development Services Team comments, and a review of the Yakima Urban Area Comprehensive Plan, the Yakima Urban Area Zoning Ordinance, and RCW 35.79 staff makes the following: FINDINGS BACKGROUND On October 24, 2014 the City of Yakima Department of Community Development received a petition from Paul Kaschmitter, on behalf of Community Health of Central Washington, for the vacation of a portion of platted right-of-way. The proponent has requested this vacation in order to help in obtaining financing for future plans. The 5 -foot wide strip of right-of-way currently is partially sidewalk and another portion consists of the exterior walls of an existing building that houses Community Health of Central Washington, as well as, a canopy structure that covers a drive thru area. DOC. INDEX There are no future plans for development of the subject right-of-way. The City of Yakima's records indicate that the subject right-of-way was originally dedicated to the City of Yakima by the Plat of Lunds Addition to North Yakima on September 19, 1904. The building was constructed in 1980 and encroached upon the right-of-way. The previous owner of the property chose to remedy the existing situation by applying for a Right -of -Way Use permit on an annual basis. As the new property owners, Community Health of Central Washington has chosen to apply for this Right -of -Way Vacation in order to permanently remedy the situation. Hearing Examiner Authority: The Hearing Examiner has jurisdiction to conduct public hearings on petitions and resolutions to vacate streets and public right-of-way pursuant to RCW Ch. 35.79. Decisions of the examiner on such matters shall constitute a recommendation to the City Council (YMC Ch. 1.43.080(H)). Urban Area Zoning Ordinance: Technically, street rights-of-way are not designated with an underlying zoning district. However, upon vacation they become zoned the same as the properties to which they are immediately contiguous. In this case, the contiguous zoning is Light Industrial (M-1). The entire portion of Tieton Drive to be vacated, will be zoned M-1 upon vacation. Urban Area Comprehensive Plan: Street rights-of-way do not contain an underlying comprehensive plan designation. Upon vacation they will obtain the same comprehensive plan designation as the properties to which they are immediately contiguous. The subject portions of right-of-way, once vacated, will have a Future Land Use Designation of Industrial. Revised Code of Washington (RCW) 35.79: This chapter of state law stipulates the state's requirements for the process of vacating street right-of-way. All requirements of this chapter that can be accomplished prior to the public hearing have been fulfilled. State law provides that the property within the limits to be vacated shall belong to the owners of the lots abutting each side of the vacated area, one-half to the owners on each side of the vacated area. (RCW § 35.79.040) ZONING AND LAND USE The property being vacated is considered public right-of-way and surrounding properties have the following characteristics. Direction Zoning Land Use North GC Offices South M-1 Construction Equipment Sales East M-1 Offices West M-1 Construction Services Paul Kaschmitter / CHCW RVW#002-14 2 DOC. DEVELOPMENT SERVICE TEAM REVIEW On January 13, 2015, a Development Service Team meeting was held to discuss the possible impacts of this vacation. The following comments were received from public agencies and private companies with an interest in the development herein being reviewed: Traffic Engineer: No part of the existing sidewalk shall be vacated. PUBLIC USE OF THE RIGHT-OF-WAY The subject portion of Tieton Drive to be vacated is partially sidewalk and another portion consists of the exterior walls of an existing building that houses Community Health of Central Washington, as well as, a canopy structure that covers a drive thru area. CRITERIA FOR VACATION OF RIGHT-OF-WAY City policy provides specific guidelines for right-of-way vacations. These guidelines include five criteria that must be met in the granting of vacation petitions. They are as follows: 1) The petition must explain the public benefit of the project, the reasoning of the proposed vacation and the limits of the vacation. Petitioner Response: At this time there are structures that encroach within the existing right-of-way. On parcel No. 181324-44429 an existing building, which has existed for a minimum of 30 years, encroaches into the right-of-way of Tieton Drive the entire length of the parcel except for where the alley was originally located. On parcel No. 181324- 44424 there is an existing canopy encroaching into Tieton Drive at the northeast corner of the parcel which was constructed after 2006. Vacating the right-of-way will not change the usage of the existing land or change any parking or street usage. We are asking for a minimum width of right-of-way to be vacated, five feet in width, so that after the right-of- way is vacated then no structures will encroach into the city's right-of-way. This will help in obtaining financing in the future. Staff Response: Vacating the right-of-way is in the best interest of the public and will not change how the land is currently used. 2) The vacation of right-of-way does not deny sole access to any property. Petitioner Response: No, the vacation will not deny any parcel direct access onto Tieton Drive. Staff Response: It has been determined that no sole access will be prohibited due to this right-of-way vacation. 3) Petitions should be consistent with the Six -Year Transportation Improvement Plan, Urban Area Comprehensive Plan and other official city plans and policies Petitioner Response: Yes, the vacation is consistent with all City of Yakima six year plans in the area. Paul Kaschmitter / CHCW RV W#002-14 3 Staff Response: The current Transportation Improvement Plan (TIP) indicates planned improvements to the intersection of Tieton Drive and 5th Avenue. However, the City of Yakima Engineering Department has stated that this vacation will have no effect on the improvements to the intersection. 4) Vacation requests should be appropriate with existing and anticipated development in the area, based on zoning, current use and long range plans. Petitioner Response: Yes, the vacation is appropriate with existing zoning and land use plans. It will not change the existing usage of the land and will not cause any needed changes in future land use. Staff Response: There is no anticipated development that would be adversely affected by this vacation. 5) Existing utilities (public and franchised) should be relocated at the developer's expense or an adequate easement provided. Where appropriate, if existing utilities are deemed unnecessary, this requirement may be waived. Applicant Response: Yes, there are public and franchised utilities within a portion of the proposed vacated right-of—way, but none of them will be required to be relocated because of the right-of-way being vacated. Staff Response: No utilities will be affected by this right-of-way vacation. FAIR MARKET APPRAISAL AND COMPENSATION TO THE CITY City Resolution #R-2007-126 specifies the requirements under which compensation must be paid to the City for vacation of public streets and alleys. A fair market appraisal is not required since 110% of the Yakima County Assessor's valuation is Tess than $20,000. Frontage improvements, such as sidewalks, are located within the 5 feet of right-of-way proposed to be vacated, also present are underground utilities. The improvements and utilities extend beyond the subject site, and are connected to the greater street and utility network. The City is responsible for the maintenance of these improvements and utilities. Therefore, compensation shall be due in the form of 55% of the Yakima County Assessor's valuation, or $$2,583.43. This valuation was determined by the following calculation: (($5.00 (value per sq. ft. for parcel no. 18132444429) x 487sq ($4.95 (value per sq. ft. for parcel no. 18132444424) x 457sq. ft.)) x (. .ft.)+ 55) = $2583.43 TRAFFIC STUDY The City of Yakima Traffic Engineer has determined that a traffic study is this right-of-way vacation. ENVIRONMENTAL REVIEW Street vacations are categorically exempt from SEPA review (WAC 197-1 YMC Ch. 6.88). Paul Kaschmitter / CHCW RVW#002-14 4 not required for 1-800(2)(h) and PUBLIC NOTICE The Yakima City Council set the date of this December 2, 2014, by resolution #R-2014-141; Other notices of this hearing were provided for in Posting of property Legal ad published Adjoining property owner notices mailed Posting in three public places public hearing for street vacation on in accordance with RCW 35.79.010. the following manner: CONCLUSION January 2, 2015 December 23, 2014 December 23, 2014 January 2, 2015 1. Petition signatures for this vacation were obtained from the necessary two thirds of the property owners fronting this vacation. 2. The subject rights-of-way were dedicated to the City of Yakima by the Plat Lunds Addition to North Yakima, recorded September 19, 1904. 3. If this request is approved, the vacated rights-of-way will be zoned M-1,. 4. No properties will be denied sole access to the public street system by vacating these rights-of-way. All abutting parcels will have frontage on a public street. 5. The petition for vacation of these public rights-of-way does not conflict with any planned street improvement projects or other plans or projects of the City of Yakima. 6. The intended use of the property, once vacated, will benefit the general public due to the fact that this will eliminate an encroachment issue that requires a Right -of -Way Use permit. 7. A traffic analysis for this proposal was not required, 8. All necessary requirements for street vacations in RCW 35.79 are met. 9. Compensation to the City is required for this right-of-way vacation in the amount of $2,583.43, in accordance with resolution #R-2014-141. 10. No letters were received in opposition to this proposal. Paul Kaschmitter / CHCW RVW#002-14 5 RECOMMENDATION The Planning Division recommends that the petition for the vacation of two portions of platted rights-of-way adjacent to land owned by Community Health of Central Washington be approved, subject to the following conditions: 1. Only the portion of the proposed right-of-way vacation that does not include sidewalks shall be vacated and new legal description and survey shall be provided. 2. Any part of the building that overhangs the sidewalk shall either be removed or a right- of-way use permit shall be obtained prior to right-of-way being vacated. 3. Compensation, in the amount of $2,583.43, shall be paid to the City prior to the effective date of vacation. 4. The vacated right-of-way shall be zoned Light Industrial (M-1), Paul Kaschmitter / CHCW RVW#002-14 6 PAUL KASCHMITTER/COMMUNITY HEALTH OF CENTRAL WASHINGTON RWV#002-14 EXHIBIT LIST CHAPTER B Site Plans .,.JI(.,., rt4( 1/(7'jo/ /f %f Site Plan Checklist B-2 Site Plan 10/24/2014 10/24/2014 DENOTES RIGHT OF WAY TO BE VACATED tatik 0N - P 40 11-1 0 40 FEET SCALE: 1" = 40' • PLSA N N/ N N X N X N N N N N x X N N. N / /// ENGINEERING -SURVEYING -PLANNING 1120 WEST LINCOLN AVENUE YAKIMA, WASHINGTON 98902 (509) 575-6990 SITE MAP PARCEL N0.'S 181324 - 44424 & 44429 —PREPARED FOR— DRAWN BY: JOE DATE: 2/5/2015 JOB NO. 14238 COMMUNITY HEALTH OF CENTRAL WASHINGTON SHEET NO. 37477E1/4, SEC. 24, T-13 N, -R.:18—EttOes OF INDEX 1 31 20 0 20 TEET SCALD I'20 OUTSIDE WALL OF EXISTING WILDING NA9.91 CANOPY COVERING DRIVE 11188 AREA DENOTES RIGHT OF WAY TO BE VACATED \ \ \ \ \ \ \ \ \ \ \ \ \. DOC. INDEX PLSA ENGINEE RINCr—SURVEYING—PLANNING 1120 WEST LINCOLN AVENUE YAKIMA, WASHINGTON 90502 15051 575-6990 RIGHT OF WAY VACATION EXHIBIT PARCEL NO'S. 181324 - 44424 & 44429 -PREPARED FOR - COMITY IfALTH OF =RAI WASIKTON DRAWN 801 JOE AME 2/4/2015 JOB NO. 14230 SE 1/4, SE 1/4, SEC. 24, T-13 14, R-18 Evem SHEET NO. 1 MtLj IVcv OCT 2 4 2014 CITY OF YAKIMA PLANNING DIV SITE PLAN CHECKLIST & INSTRUCTIONS In Order For Application To Be Determined Complete, A Site Plan Must Be Completed And Returned. A Detailed Site Plan Is Required: On August 8, 1996, the City Council passed a resolution (No. R-96-91) adopting a requirement that all site plans submitted in conjunction with my building permit application, land use application, and environmental application shall contain certain information and be approved by the appropriate Division Manager. All information that is applicable to your proposal shall be checked off and clearly displayed on the site plan. It is in the applicant's best interest to provide a carefully drawn and scaled site plan with all required information. The decision on whether or not to grant approval of your development proposal is largely based on the information you provide. An application cannot be processed until an adequate site plan is submitted. Please complete this checklist and include it with your site plan. The site plan must contain all pertinent information. Items not applicable to the proposed project shall be noted. 1) Use Ink: Use blue or black permanent ink. It may be helpful to draft the site plan in pencil then trace over in ink. Ink is necessary for adequate duplication. 2) Use A Straight Edge: All lines must be straight and done with the aid of a ruler or other straight edge. Use a compass when delineating circular drawings such as cul-de-sacs. Computer drafted site plans are acceptable. 3) Draw To Scale: Site plans shall be drawn to scale. The site plan template has a suggested map scale of one inch equaling twenty feet (1"=20'). Distances on the map must be as representative of reality as possible. For example, if the distance from a structure to a property line is 20 feet, the distance on the site plan will be 1 inch. 4) Use Site Plan Checklist: Use the site plan checklist and provide all applicable information on the site plan. 5) Fill In Information On The Site Plan Template Available At The City Of Yakima Or Attach The Information Below To Your Site Plan: Complete all information requested on the bottom of the site plan template. If you use a different medium, provide the requested information on the alternative paper. Note: You may benefit from the aid of a professional in the preparation of a site plan. Check all lar�yn. H 11ncloerinri nr - Nnl ,Annlii i Note: Planning Division or reviewing official may require additional information to clarify the proposal, assess its impacts, or determine compliance with the YMC and other laws and regulations. Revised 07/2014 0001 Page 1 5 The site plan shall be legibly drawn in ink on paper of sufficient size to contain the required information, but not less than 8.5" X 11" for Class (1) projects and 11" X 17" for Class (2) and Class (3) projects. All site plans shall be drawn to a standard engineering scale and indicated on the site plan. The scale selected shall best fit the paper. Planning staff recommends l "=20'. Site address, parcel number(s) and zoning designation of subject property. Property boundaries and dimensions. Names and dimensions of all existing streets bounding the site. r Dimensions, location, & use of proposed & existing structures (include loading docks) with structure setbacks. Structure setbacks Lot coverage with calculations. Location and size of any easements. _r Location and type of existing and proposed landscaping including landscaping within the public right-of-way. Location and size of existing and proposed side sewer and water service lines. r Ft, Adjacent land uses and zoning designations. Location and size of all parking spaces. Location and dimensions of proposed or existing driveway approaches. Vision clearance triangles at street intersections and where driveways and curb cuts intersect with streets. SEE 15.05.040 — Vision Clearance attached with Sample Site Plan Location and size of proposed or existing signs. Location and size of required site drainage facilities including on-site retention. r Location, type, and description of required sitescreening. Location and size of existing or proposed public sidewalks that are within 200 -feet of the subject property. Proposed improvements located within the public right-of-way. Name, address, phone number, and signature of the owner or person responsible for the property. Note: Planning Division or reviewing official may require additional information to clarify the proposal, assess its impacts, or determine compliance with the YMC and other laws and regulations. Revised 07/2014 0001 Page 1 5 PAUL KASCHMITTER/COMMUNITY HEALTH OF CENTRAL WASHINGTON RWV#002-14 EXHIBIT LIST CHAPTER C Maps Maps: Vicinity, Zoning, Future Land Use, Utilities, Aerial Project Vicinity Map RWV#002-1 4 Related Projects: Applicant: COMMUNITY HEALTH OF CENTRAL WASHINGTON Location: 501 S 5TH AVE Monday - 10/27/2014 - 09:28:02 Contact City of Yakima Planning Division at 509-575-6183 City of Yakima - Geographic Information Sevices Y YMCA FFtIA I'• 'n .rg11N chur 1"r rs y 1 rf P J� �i'sC.�JI'd�p aklll,a Rggln.5 ho pll l 1:10,000 1'.lkllna School IN 51111% .I'I.rn1A`� 1 RrihNlxnh' L,lt< ,rl n Ctu4ch 4,711 CA/ N444 Apr, SI • iP h UV* R:III �. '-Iy * Tilt 'S Siva. r5 '.. ,a.,i1 Te•ll�'r Siva. i v hal a n,..• ry I4.r"yen yl • W a tzn. L 1>t SUIT 41 S,M:1>tdI 7iV •I a IMn;h St ,,r,l I [aur lSI 1,1 mer rapt _mU:J Assent Mr N r uJ r A Sources: Esri, DeLorme, NAVTER, TomTom, Intermap, increment P Corp., • GEBCO, USGS, FAQ, NPS. NRCAN, GeoBase, IGN, Kadaster NL; `'' '' Ordnance Survey, Esri Japan. MET!. Esri China (Hong Kong), swisstopo, and the GIS User Community Proposal: Proposed public right-of-way vacation of the south 5 feet of Tieton Drive between 5th Avenue and 4th Ave 10. INDEX Map Disclaimer: Information shown on this map is for planning and illustration purposes only. The City of Yakima assumes no liability for any errors, omissions, or inaccuracies in the information provided or for any action taken, or action not taken by the user in reliance upon any maps or information provided herein. 1:2,000 JI • • • • Sources: Esri, DeLorme, NAVTEQ, TomTom, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, and the GIS User Community RWV#002-14 Proposal: Proposed public right Related Projects: Applicant: COMMUNITY HEALTH OF CENTRAL WASHINGTON Location: 501 S 5TH AVE -of-way vacation of the south 5 feet of Tieton Drive between 5th Avenue and 4th Avenue. Parcel List: 18132444424, 18132444429 Project Parcels Vicinity Map Monday - 10/27/2014 - 09:28:04 000. INDEX L' Contact City of Yakima Planning Division at 509-575-6183 City of Yakima - Geographic Information Services Map Disclaimer: Information shown on this map is for planning and illustration purposes only. The City of Yakima assumes no liability for any errors, omissions, or inaccuracies in the information provided or for any action taken, or action not taken by the user in reliance upon any maps or information provided herein. 0 • •. Sources: Esri, DeLorme, NAVTEQ, TomTom, Intermap, increment P.Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, and the GIS User Community RWV#002-14 Related Projects: Applicant: COMMUNITY HEALTH OF CENTRAL WASHINGTON Location: 501 S 5TH AVE Proposal: Proposed public right-of-way vacation of the south 5 feet of Tieton Drive between 5th Avenue and 4th Avenue. Parcel List: 18132444424, 18132444429 Low Density Residential Medium Density Residential High Density Residential Professional Office I. Large Convenience Center Regional Commercial Arterial Commercial Neighborhood Commercial ■ CBD Core Commercial Industrial • • Project Parcels DOC. � INDEX L�1 Future Land Use Map Contact City of Yakima Planning Division at 509-575-6183 Monday - 10/27/2014 - 09:28:04 City of Yakima - Geographic Information Services Map Disclaimer: Information shown on this map is for planning and illustration purposes only. The City of Yakima assumes no liability for any errors, omissions, or inaccuracies in the information provided or for any action taken, or action not taken by the user in reliance upon any maps or information provided herein. L: it O Sources: Esri, DeLorme, NAVTEQ, TomTom, Intermap, increment P; Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, and the GIS User Community RWV#002-14 Related Projects: Applicant: COMMUNITY HEALTH OF CENTRAL WASHINGTON Location: 501 S 5TH AVE Proposal: Proposed public right-of-way vacation of the south 5 feet of Tieton Drive between 5th Avenue and 4th Avenue. Parcel List: 18132444424, 18132444429 GI Yakima Urban Area Zoning Outlines Floodway Areas *• • • Project Parcels Zoning Map Contact City of Yakima Planning Division at 509-575-6183 Monday - 10/27/2014 - 09:28:04 City of Yakima - Geographic Information Services Map Disclaimer: Information shown on this map is for planning and illustration purposes only. The City of Yakima assumes no liability for any errors, omissions, or inaccuracies in the information provided or for any action taken, or action not taken by the user in reliance upon any maps or information provided herein. DOC. INDEX #J ( 3� 1 } 0 1:2,000 Sources: Esri, DeLorme, NAVTEQ, TomTom, Internp. increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN!! Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (I-Ior1(J Kong), swisstopo, and the GIS User Community RWV#002-14 Related Projects: Applicant: COMMUNITY HEALTH OF CENTRAL WASHINGTON Location: 501 S 5TH AVE Proposal: Proposed public right-of-way vacation of the south 5 feet of Tieton Drive between 5th Avenue and 4th Avenue. Parcel List: 18132444424, 18132444429 : Project Parcels Hydrants - Water Pipes DOC. INDEX Utilities M ap Contact City of Yakima Planning Division at 509-575-6183 Monday - 10/27/2014 - 09:28:04 City of Yakima - Geographic Information Services Map Disclaimer: Information shown on this map is for planning and illustration purposes only. The City of Yakima assumes no liability for any errors, omissions, or inaccuracies in the information provided or for any action taken, or action not taken by the user in reliance upon any maps or information provided herein. RWV#002-14 Source: Esri, Digif GIdbe, GeoEye, i -cubed, USDA, USGS, AEX, Getmapping, AerTrid, IGN, IGP, swisstopo, and the GIS User Cibmmu ity Related Projects: Applicant: COMMUNITY HEALTH OF CENTRAL WASHINGTON Location: 501 S 5TH AVE Proposal: Proposed public right-of-way vacation of the south 5 feet of Tieton Drive between 5th Avenue and 4th Avenue. Parcel List: 18132444424, 18132444429 Project Parcels Aerial Photo Map Contact City of Yakima Planning Division at 509-575-6183 Monday - 10/27/2014 - 09:28:04 City of Yakima - Geographic Information Services Map Disclaimer: Information shown on this trap is for planning and illustration purposes only. The City of Yakima assumes no liability for any errors, omissions, or inaccuracies in the information provided or for any action taken, or action not taken by the user in reliance upon any rnaps or information provided herein. PAUL KASCHMITTER/COMMUNITY HEALTH OF CENTRAL WASHINGTON RWV#002-14 EXHIBIT LIST CHAPTER D DST Review & Agency Comments DOC INDEX # DOCUMENT DATE D-1 DST Request for Comments & Distribution List 01/13/2015 D-2 Comments from Mike Shane, Water/Irrigation Engineer 01/14/2015 I)alc ( rc:► 1 ed ('rc:►Ic►I lig 1 t n Dale 1 t'1 I'arccl DST COMMENTS 01/14/2015 MSHANE 01/14/2015 Existing sidewalk should remain within right of way. A14,14-1110 11 t?. 18132444424 14#002- DOC. INDEX DST Distribution List Applicant: File Number: Date of DST Meeting: Assigned Planner: vel 4sch frvt-ficr � � J vv 2 ~ G9 City of Yakima Divisions and Yakima Couniv Public Services Other Agencies Codes Carolyn Belles P.O. Box 102, Yakima, WA 98901 Codes Glenn Denman Jamie Lee Stickel Engineering Dana Kallevig Committee for Downtown Yakima Water/Irrigation Mike Shane Wastewater Engineer Rand Melo P.O. Box 881, Yakima 98901 Wastewater Jeremy Hoover Yakima County Public Svcs Wastewater Wastewater Marc Cawley P.O. Box 10004, Yakima, WA 98907 Fire Department Mark Soptich Eric Rhoads Streets/Traffic Engineering Joe Rosenlund Other Agencies \\apollo\shared\Planning\Assignments-Planning\DST Packets Distribution List _updated 09.05.2014.doc INDEX Parks and Recreation Ken Wilkinson P.O. Box 102, Yakima, WA 98901 Parks and Recreation Jenise Sanders Jamie Lee Stickel Transit Alvie Maxey Committee for Downtown Yakima Transit Kevin Futrell Police Department Sgt. Chance Belton James Scott P.O. Box 881, Yakima 98901 Refuse Yakima Tieton Irrigation District Yakima County Public Svcs Vern Redifer Yakima County Planning Lynn Deitrick P.O. Box 10004, Yakima, WA 98907 911 Communications Wayne Wantland Eric Rhoads County Flood Control District Terry Keenhan \\apollo\shared\Planning\Assignments-Planning\DST Packets Distribution List _updated 09.05.2014.doc INDEX Capitol Theatre Gay Parker P.O. Box 102, Yakima, WA 98901 Committee for Downtown Yakima Jamie Lee Stickel 115 North 3rd Street, Yakima 98901 Committee for Downtown Yakima James Stickel P.O. Box 9668, Yakima 98909 Committee Manager - CDY Manager P.O. Box 881, Yakima 98901 Yakima Tieton Irrigation District Sandra Hull 470 Camp 4 Rd. Yakima, WA 98908 Fruitvale-Schanno Irrigation District Juanita Hawkins P.O. Box 10004, Yakima, WA 98907 Nob Hill Water Eric Rhoads 6111 Tieton Drive, Yakima 98908 Yakima County Health District 1210 Ahtanum Ridge Dr, Union Gap 98903 WA State Department of Ecology Gwen Clear 15 W Yakima Ave Ste #200, Yakima 98902 No. Yakima Soil Conservation District Ray Wondercheck 1606 Perry St Ste F, Yakima 98902 ■O' Pacific Power and Light Co. Mike Paulson 500 N. Keys Rd, Yakima 98901 MI Century Link Manager 8 South 2nd Ave Rm 304, Yakima 98902 Cascade Natural Gas Co. Jim Robinson 701 South 15t Ave, Yakima 98902 Yakima School District #7 Dr. Elaine Beraza 104 North 4th Ave, Yakima 98902 West Valley School District #208 Dr. Michael Brophy 8902 Zier Rd, Yakima 98908 - - Charter Communications Kevin Chilcote 1005 North 16th Ave, Yakima 98902 Regional Clean Air Authority Hasan Tahat 329 North 1st Street, Yakima 98901 Yakima Waste Systems Scott Robertson 2812 Terrace Heights Dr, Yakima 98901 Yakima Greenway Foundation Al Brown 111 South 18th Street, Yakima 98901 US Post Office Jeff McKee 205 West Washington Ave, Yakima 98903 Yakima Valley Canal Co. Robert Smoot 1640 Garretson Lane, Yakima 98908 Department of Wildlife Mike Livingston 1701 South 24th Ave, Yakima 98902 Department of Natural Resources 713 Bowers Rd, Ellensburg 98926 WSDOT (Dept of Transportation) Salah Al-Tamini 2809 Rudkin Rd, Union Gap 98903 Department of Fisheries Eric Bartrand P.O. Box 9155, Yakima 98909 Yakama Indian Nation Thalia Sachtleben P.O. Box 151, Toppenish 98948 Yakima Airport _ Carl Lee Remmel 2400 West Washington Ave, Yakima 98903 Trolleys Paul Edmondson 313 North 3rd Street, Yakima 98901 City of Union Gap David Spurlock P.O. Box 3008, Union Gap 98903 WSDOT, Aviation Division Robert Hodgman 818 79th Ave SE, Ste B, Tumwater, WA 98504 Governor's Office of Indian Affairs PO Box 40909, Olympia, WA 98504 Ahtanum Irrigation District Beth Ann Brulotte 10705-B Gilbert Rd, Yakima, WA 98903-9203 Yakima-Klickitat Fisheries Project John Marvin 760 Pence Road, Yakima, WA 98909 Department of Fish & Wildlife Mark Teske 201 North Pearl, EilkiagAtrg, WA 98926 \\apollo\shared\Planning\Assignments-Planning\DST Packets Distribution List _updated 09.05.2014.doc INDEX PLANIIIIINO City of Yakima Development Services Team Request For Comments January 7, 2015 To: City of Yakima Development Services Team From: Robbie Aaron, Assistant Planner Subject: Request for comments Applicant: Community Health of Central Washington File Number: RVW#002-14 Location: 501 S 5th Avenue Parcel Number(s): 18132444424 & 18132444429 DST MEETING DATE: 1/13/2015 Proposal The City of Yakima Department of Community Development has received an application for a Right-of- way vacation of the south 5 feet of Tieton Drive between 5th Avenue and 4th Avenue. Please review the attached application and site plan and prepare any written comments you might have regarding this proposal. This project will come up for discussion at the weekly DST meeting to be held As always, should you have comments, but find you are unable to attend, please submit your comments prior to the meeting. My email address is robbie.aaron@yakimawa.gov and the Planning Department's fax number is (509) 575-6105. Should you have any questions, or require additional information, please call me at (509) 576-6736. Comments: Contact Person Department/Agency DOC. MDIFY # i•1 PAUL KASCHMITTER/COMMUNITY HEALTH OF CENTRAL WASHINGTON RWV#002-14 EXHIBIT LIST CHAPTER E Land Use Applications DOC INDEX # DOCUMENT DATE E-1 Land Use Application for a Right -of -Way Vacation E-2 Petition No. 14-03 10/24/2014 10/24/2014 Or:i nal pe -H -i i cvl r ,- 17 •? r , CA -t) C tet -16 PETITION NO. / - C' 3 '14 OCT 24 P3 :45 CITY OF YAKIMA, WASHINGTION PETITION TO VACATE STREET OR ALLEY RECEIVED OCT 2 4 2014 WY Of YAKIMA PLANNING To the City_Council :of the City of Yakima, Washington. 1''6r1i46 4ibVV' 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). 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 heard hereon for the vacation of said area in the manner prescribed by RCW Ch. 35.79. PAUL 14ASc- HN1ITTEg AOR Co_N1Mu1,-Ir-r`r ALTH SDI 5. 51d AVE. 0 - Address /0/67N/bLi / /OD ignature Date Ownership % Owner Address Signature Date Ownership % Owner Address Signature Date Ownership % (if there are more property owners than what is room for please attach a separate list of property owners abutting the right-of-way to be vacated as well as their address, percentage of frontage on the right-of-way, and signature with date and the total ownership percentage of the property owners participating in this vacation) Revised 07/2014 DOC. INDEX Page I 6 RECEIVED ocT 2 4 7(111 _ ): LAND USE APPLICATION M Y YAKIMA . f CITY OF YAKIMA, DEPARTMENT OF COMMUNITY DEVELOPMENT 129 vt� �r► DIV. NORTH SECOND STREET, 2ND FLOOR, YAKIMA, WA 98902 VOICE: (509) 575- PLANNING 6183 FAX: (509) 575 -6105 INSTRUCTIONS - PLEASE READ FIRST Please type or print your answers clearly. Answer all questions completely. If you have any questions about this fonn or the application process, please ask a Planner. Remember to bring all necessary attachments and the required filing fee when the application is submitted. The Planning Division cannot accept an application unless it is complete and the filing fee paid. Filing fees are not refundable. This application consists of four parts. PART I - GENERAL INFORMATION AND PART IV - CERTIFICATION are on this page. PART II and III contain additional infonmation specific to your proposal and MUST be attached to this page to complete the application. ' PART 1- GENERAL INFORMATION. Name: PA KA5CHM1TTER FDIR COMMUkIl N(�A_LTN 1. Applicant's Mailing Address: 'SO/ 5. 5' 7-14 A L)E Information: City VAle / At,j 1 St: I WA kip: C(RQpiPhone: k ) 674-- 0/O ' E -Mail: P uk,, Ky{SC.HM ®cNCW• OlZ 2. Applicant's Check One: Igi Owner 0 Agent 0 Purchaser El Other Interest in Property: Name: C tnAll AA flit./ I TY y&ALTt1 or C'NTRAIL 1. 56. 3. Property Owner's Mailing Address: Information (If other - y thanApplicant): City: Si: I Zip: Phone: h ) E- Mail: ,y 4. Subject Property's Assessor's Parcel Number(s): / e / 3z4 - 444-Z4. .4 4 4.z 9 5. Legal Description of Property. (if lengthy, please attach it on a separate document) 51 A — r - TA C.1- -1 1 6. Property Address: 2J / 5 5 T AVE 7. Property's Existing Zoning: ❑ SR ❑ R -1 ❑ R -2 ❑ R -3 ❑ B -1 ❑ B -2 ❑ HB ❑ SCC ❑ CC ❑ CBD ❑ GC ❑ AS ❑ RD _N M -1 ❑ M -2 8. Type Of Application: (Check All That Apply) 0 Administrative Adjustment 0 Environmental Checklist (SEPA Review) 0 Easement 0 Release Type (1) Review IX Right -of -Way Vacation 0 Rezone 0 Type (2) Review 0 Transportation Concurrency 0 Shoreline 0 Type (3) Review 0 Non - Conforming Use /Structure 0 Critical Areas Review 0 Preliminary Short Plat 0 Appeal to HE / City Council 0 Variance 0 Final Short Plat 0 Interpretation by Hearing Examiner 0 Temporary Use 0 Permit Short Plat Amendment 0 Modification 0 Overlay District 0 Preliminary Long Plat 0 Home Occupation 0 Binding Site Plan 0 Final Long Plat 0 Comprehensive Plan Text or Map Amendment 0 Planned 0 Development 0 Plat Alteration -Long Plat 0 Short Plat Exemption:, C Other: PART 11 - SUPPLEMENTAL APPLICATION, PART III - REQUIRED ATTACHMENTS, & PART IV- NARRATIVE 1 9. SEE ATTACHED SHEETS PART V - CERTIFICATION 10. tify that the information on this application and the required attachments are ue and c rrect to the best of my knowledge. • Property Owner's Signature Date Applicant's Signature Date FILE /APPLICATION(S)# p.\\1\;\) +F v , _ DATE FEE PAID: RECEIVED BY: AMOUNT PAID: RECEIPT NO: 6 .-- - / y I 4 1 1, 1 1 .- ,1 Ck - / )L' ' INDEX Revised 07/2014 1 Page 13 RECEIVED OCT 2 4 2014 SPL NNIF DIVYAKIMA Supplemental Application For: RIGHT-OF-WAY VACATION Fee: $420.00 (RCW 35.79) (+50% appraised value) PART II - LOCATION 1. VICINITY - LOCATION OF RIGHT-OF-WAY TO BE VACATED: r/-/ 5 7UTH 5/ DE aF 7///0A/ Du/VE 4=1 AVE. A /b 5 -T/f AV,. 2. LEGAL DESCRIPTION OF THE RIGHT-OF-WAY TO BE VACATED: (Attach if lengthy) z ,4T7—AC._14 PART III - APPLICATION INFORMATION 3. A WRITTEN NARRATIVE: (Please submit a written response to the following questions) A. What is the public benefit, reason for, and limitations of the proposed right-of-way vacation? 5ATTACH LE -. --D B. Does the vacation deny sole access to a public street for any property? SCE ATT,4C.—1-II6 C. Is the proposal consistent with existing plans of the City? (Petitions should be consistent with the Six-year Transportation Improvement Plan, the Urban Area Comprehensive Plan and other official City Plans and policies) SEE A -7" -TAI --/ED D. Is the vacation appropriate with existing zoning and land use? (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) 5 AT7—A2/-1E1) E. Are there any public or franchised utilities in the right-of-way to be vacated and if so, will they be relocated? SEE A7—TAcL I-1EL' PART IV - REQUIRED ATTACHMENTS 4. SITE PLAN REQUIRED: (Please use the City of Yakima Site Plan Checklist, attached) 5. PETITION TO VACATE STREET OR ALLEY REQUIRED (attached) 6. TITLE REPORT (may be waived) 7. SURVEY OF THE AREA TO BE VACATED (may be waived) 8. APPRAISAL OF THE PROPERTY (If the assessed value of the portion of right-of-way to be vacated exceeds $20,000) 9. ENGINEERING PLAN (may be required to indicate how the curb, gutter and other physical features will be treated after the vacation is enacted.) 10. TRAFFIC ANALYSIS (A traffic analysis prepared by a Certified Engineer, which describes the impact to the City transportation network of the closure of the right-of-way, may be required depending on the right-of-way being vacated. As a result of that analysis, a Traffic Study may also be required) Note: if you have any questions about this process, please contact us City of Yakima, Planning Division, 129 N. 2nd St., Yakima, WA or 509-575-6163 Revised 07/2014 INDEX # e -I Page 14 NARRATIVE FOR PROPOSED VACATION OF THE SOUTH 5 FEET OF TIETON DRIVE BETWEEN 5TH AVENUE AND 4TH AVENUE 3(A) At this time there are structures that encroach within the existing right of way. On parcel no. 181324-44429 an existing building, which has existed for a minimum of 30 years, encroaches into the right of way of Tieton Drive the entire length of the parcel, except for where the original alley was located. On parcel no. 181324-44424 there is an existing canopy encroaching into Tieton Drive at the northeast corner of the parcel which was constructed after 2006. Vacating the right of way will not change the usage of the existing land or change any parking or street usage. We are asking for a minimum width of right of way to be vacated, five feet in width, so that after the right of way is vacated, then no structures will encroach into the city's right of way. This will help in obtaining financing in the future. 3(B) No, the vacation will not deny any parcel direct access onto Tieton Drive. 3(C) Yes, the vacation is consistent with all City of Yakima six year plans in this area. 3(D) Yes, the vacation is appropriate with existing zoning and land use plans. It will not change the existing usage of the land and will not cause any needed changes in future land uses. 3(E) Yes, there are public and franchised utilities within a portion of the proposed vacated right of way, but none of them will be required to be relocated because of the right of way being vacated. RECEIVED DOC. QCT�� 2 4 � #oE[I-1Cft/ OfYAICIv4 pLAUNIN6 EXISTING LEGAL DESCRIPTION FOR PARCEL NO. 181324-44429 Lots 15 and 16, Block 276, Lund's Addition to North Yakima, now Yakima, recorded in Volume "A" of Plats, Page 103, records of Yakima County, Washington. LEGAL DESCRIPTION OF TIETON DRIVE RIGHT OF WAY TO BE VACATED FOR PARCEL NO. 181324-44429 Beginning at the Northwest corner of Lot 16, Block 276, Lund's Addition to North Yakima, now Yakima, recorded in Volume "A" of Plats, Page 103, records of Yakima County, Washington; thence North 71°23'15" East, along the North line of said Lot, 149.97 feet to the centerline of vacated alley within said block; thence North 18°37'38" West, along said centerline extended, 3.13 feet; thence South 74° 47'02" West 10.72 feet; thence South 70°56'30" West 139.28 feet to the West line of said Lot 16 extended; thence South 18°37'45" East, along said extended line, 2.68 feet to the Point of Beginning. SUBJECT TO an easement for utilities over, across and through the East 10 feet thereof. Containing 485 square feet. EXISTING LEGAL DESCRIPTION FOR PARCEL NO. 181324-44424 Lot 1, Block 276, Lund's Addition to North Yakima, now Yakima, recorded in Volume "A" of Plats, Page 103, records of Yakima County, Washington. LEGAL DESCRIPTION OF TIETON DRIVE RIGHT OF WAY TO BE VACATED FOR PARCEL NO. 181324-44424 Beginning at the Northeast corner of Lot 1, Block 276, Lund's Addition to North Yakima, now Yakima, recorded in Volume "A" of Plats, Page 103, records of Yakima County, Washington; thence South 71°23'15" West, along the North line of said Lot, 149.97 feet to the centerline of vacated alley within said block; thence North 18°37'38" West, along said centerline extended, 3.13 feet; thence North 74° 47'02" East 18.79 feet; thence North 71°03'10" East 131.22 feet to the East line of said Lot 1 extended; thence South 18°37'30" East, along said extended line, 2.78 feet to the Point of Beginning. SUBJECT TO an easement for utilities over, across and through the West 10 feet thereof. Containing 362 square feet. RECEIVED FEB 0 5 2015 CITY Of YAKIMA PLANNING DIV. PAUL KASCHMITTER/COMMUNITY HEALTH OF CENTRAL WASHINGTON RWV#002-14 EXHIBIT LIST CHAPTER F Public Notices DOC INDEX # DOCUMENT DATE F-1 Determination of Application Completeness 11/18/2014 F-2 Agenda Statement: Set Date for Hearing Examiner Public Hearing (Resolution No. R-2014-141) 12/02/2014 F-3 Notice of Petition & Public Hearing F -3a: Legal Publication F -3b: Press Release F -3c: Parties & Agencies Notified F -3d: Affidavit of Mailing 12/23/2014 F-4 Land Use Action Installation Certificate 01/02/2015 F-5 Affidavit of Posting of Resolution 01/02/2015 F-6 Hearing Examiner Packet Distribution List 01/15/2015 F-7 Hearing Examiner Public Hearing Agenda & Sign -in Sheet 01/22/2015 F-8 Notice of Continuance of Right of Way Vacation Hearing 01/22/2015 F-9 Hearing Examiner Continued Public Hearing Agenda & Sign- in Sheet 02/05/2015 F-10 Notice of Hearing Examiner's Recommendation (see DOC INDEX#AA-1 for HE Recommendation) F -10a: Parties and Agencies Notified F -10b: Affidavit of Mailing 02/24/2015 F-11 Agenda Statement: Set Date of City Council Public Hearing 03/03/2015 F-12 Letter of Transmittal to City Clerk: City Council Hearing (Mailing Labels, Vicinity Map, Site Plan) 03/04/2015 F-13 City Council Public Hearing Notice F -13a: Legal Notice Publication 03/05/2015 YAKIMA HERALI. P1,13LIC A daily part of your life ''yakima-herald.com -Ad Proof - This is the proof of your ad scheduled to run on the dates indicated below. Please confirm placement prior to deadline, by contacting your account rep at (509) 577-7740. Date: 03/05/15 Account #: 110356 Company Name: CITY OF YAKIMA Contact: Address: 129 N 2ND STREET YAKIMA, WA 98901-2720 Telephone: (509) 575-6037 Fax: Ad ID: Start: Stop: Total Cost: Agate Lines: # of Inserts: Ad Class: Account Rep: Phone # Email: 5Z4❑34 03/13/15 03/13/15 $81.08 45 2 6021 Simon Sizer (509) 577-7740 ssizer@yakimaherald.com Run Dates: Yakima Herald -Republic 03/13/15 YakimaHerald.com 03/13/15 YAKIMA CITY COUNCIL NOTICE OF PUBLIC MEETING Petition of Right -of -Way Vacation Located for a portion of South five feet of Tieton Drive between 4th & 5th Avenues NOTICE IS HEREBY GIVEN that the Yakima City Council will conduct a public hear- ing to consider the Hearin$ Examiner's recommendation on a right-of-way vacation peti- tion requested by Community Health of Central Washington for a portion of the south Live feet of Tieton Drive between 4th and 5th Avenues. Said public hearing will be held Tuesday, April 7, 2015 at 6:30 p.m. in the Council Chambers at City Hall located at 129 North 2nd Street, Yakima Washington. For additional information, please contact Robbie Aaron, Assistant Planner, 575-6736, ore -mail to robbie,aaron® yakimawa.gov. Any citizen wishing to comment on this issue is welcome to attend the public hearing or contact the City Council in the follow- ing manner: Send a letter via regular mail to "Yakima City Council, 129 N. 2nd Street, Yakima, WA 98901," or, E-mail your comments to city.coun- cil tyakimawa.gov. Include In the e-mail subject line, "Com- munity Health ROW vacation." Please also include your name and mailing address. Sonya Clear Tee, City Clerk (524034) March 13, 2015 Ad Proof YAKIMA CITY COUNCIL NOTICE OF PUBLIC MEETING Petition of Right -of -Way Vacation Located for a portion of South five feet of Tieton Drive between 4th & 5th Avenues NOTICE IS HEREBY GIVEN that the Yakima City Council will conduct a public hear- ing to consider the Hearing Examiner's recommendation on a right-of-way vacation peti- tion requested by Community Health of Central Washington fora portion of the south five feet of Tieton Drive between 4th and 5th Avenues. Said public hearing will be held Tuesday, April 7, 2015 at 6:30 p.m. in the Council Chambers at City Hall located at 129 North 2nd Street, Yakima Washington. For additional information, please contact Robbie Aaron, Assistant Planner, 575-6736, or e-mail to robbie.aaron @ yakimawa.gov. Any citizen wishing to comment on this issue is welcome to attend the public hearing or contact the City Council in the follow- ing manner: Send a letter via regular mail to "Yakima City Council, 129 N. 2nd Street, Yakima, WA 96901,' or, E-mail your comments to city.coun- cil@yakimawa.gov. Include in the e-mail subject line, "Com- munity Health ROW vacation." Please also include your name and mailing address. Sonya ClaarTee, City Clerk (524034) March 13, 2015 DOC. INDEX 4 F -)3o, OFFICE OF THE CITY CLERK 129 North Second Street Yakima, Washington 98901 Phone (509) 575-6037 • Fax (509) 576-6614 YAKIMA CITY COUNCIL NOTICE OF PUBLIC MEETING Petition of Right -of -Way Vacation Located for a portion of South five feet of Tieton Drive between 4th & 5th Avenues NOTICE IS HEREBY GIVEN that the Yakima City Council will conduct a public hearing to consider the Hearing Examiner's recommendation on a right-of-way vacation petition requested by Community Health of Central Washington for a portion of the south five feet of Tieton Drive between 4th and 5th Avenues. Said public hearing will be held Tuesday, April 7, 2015 at 6:30 p.m. in the Council Chambers at City Hall located at 129 North 2nd Street, Yakima Washington. For additional information, please contact Robbie Aaron, Assistant Planner, 575-6736, or e-mail to robbie.aaron(a7,vakimawa.gov. Any citizen wishing to comment on this issue is welcome to attend the public hearing or contact the City Council in the following manner: 1) Send a letter via regular mail to "Yakima City Council, 129 N. 2nd Street, Yakima, WA 98901," or, 2) E-mail your comments to citv.councik vakimawa.gov. Include in the e-mail subject line, "Community Health ROW vacation." Please also include your name and mailing address. Dated this 4th day of March, 2015. Sonya Clear Tee City Clerk Mailed March 5, 2015 DOC. INDEX # F-13 Project Vicinity Map RWV#002-1 4 Related Projects: Applicant: COMMUNITY HEALTH OF CENTRAL WASHINGTON Location: 501 S 5TH AVE Monday - 10/27/2014 - 09:28:02 Contact City of Yakima Planning Division at 509-575-6183 City of Yakima - Geographic Information Sevices 1:10,000 L,ql Kl hrl trl to rh i4a.. • .• utiAkuna ShrT r.Yl, ,; 1111(.1.. tlIrN c,fl1 1*(,. 'J ..,is 1 1 r,.. 7,1 Iti Fara Sources: Esri, DeLorme. NAV'TEQ, TomTom, Intermap. increment P Corp., GEBCO. USGS, FAO, NPS, NRCAN, GeoBase, IGN. Kadaster NL,` Ordnance Survey. Esn Japan. METI, Esri China (Hong Kong), swisstopo, and she GIS User Community Proposal: Proposed public right-of-way vacation of the south 5 feet of Tieton Drive between 5th Avenue and 4th Avenue. DOC. INDEX #F3 Map Disclaimer: Information shown on this map is for planning and illustration purposes only. The City of Yakima assumes no liability for any errors, omissions, or inaccuracies in the information provided or for any action taken, or action not taken by the user in reliance upon any maps or information provided herein. \\\\\\\\\\\\ DENOTES RIGHT OF WAY TO BE VACATED Of 1 WO OVuoita S' AS. cr AD 40 0 40 FEET SCALE: 1" = 40' N. g. •�N. N. / PL.SA ENGINEERING -SURVEYING -PLANNING 1120 WEST LINCOLN AVENUE YAKIMA, WASHINGTON 98902 (509) 575-6990 SITE MAP PARCEL NO.'S 181324 - 44424 & 44429 —PREPARED FOR— COMMUNITY HEALTH OF CENTRAL WASHINGTON DRAWN BY: JOE OATS: 2/5/2015 JOB NO. 14238 SHEET NO. SE 1/4, SE 1/4, SEC. 24, T-13 N, R-18 W 1 OF INDEX # .5 -►3 CITY OF YAKIMA, PLANNING DIVISION LETTER OF TRANSMITTAL I, Lisa Maxey, as an employee of the City of Yakima, Planning Division, have transmitted to: Sonya Claar-Tee, Yakima City Clerk, by hand delivery, the following documents: 1. Mailing labels for PAUL KASCHMITTER/COMMUNITY HEALTH OF CENTRAL WASHINGTON (RWV#002-14); including all labels for adjoining property owners of subject property, agencies and parties of record. 2. One vicinity map. Signed this 4th day of March, 2015. Lisa Maxey Temporary D.A II Lakey.- Received By: dzLC Date: /15 DOC. INDEX Community Health of Central WA 501 S 5th Ave Yakima, WA 98902 Paul Kaschmitter 8010 Englewood Crest Yakima, WA 98908 18132444406 YAKIMA SCHOOL #7 104 N 4TH AVE YAKIMA, WA 989022636 18132444471 CENTRAL WASH COMP MENTL HLTH PO BOX 959 YAKIMA, WA 98907 Parties of Record — "Paul Kaschmitter/Community Health of Central Washington" — RWV#002-14 PLSA Engineering & Surveying c/o Rick Wehr 1120 Lincoln Ave Yakima, WA 98902 18132444424 COMMUNITY HEALTH OF CENTRAL WASHINGTON 1806 W LINCOLN AVE YAKIMA, WA 98902 18132444427 DAVID C & JANNIE CONNELL 218 SANTA ROZA DR YAKIMA, WA 98901 PLSA Engineering & Surveying c/o Joe Baker 1120 Lincoln Ave Yakima, WA 98902 18132444422 SOLARITY CREDIT UNION PO BOX 2922 YAKIMA, WA 989072922 18132444434 MICHAEL MOEN 609 N 65TH AVE YAKIMA, WA 98908 DOC. INDEX # 1-1 Project Vicinity Map RVVV#0 02-1 4 Related Projects: Applicant: COMMUNITY HEALTH OF CENTRAL WASHINGTON Location: 501 S 5TH AVE Monday - 10/27/2014 - 09:28:02 Contact City of Yakima Planning Division at 509-575-6183 City of Yakima - Geographic Information Sevices 1:10,000 YMCA ma lI F3alhlehem LI 1,N -sin Church Yakima School 01,1ricl AC D High Scho 4 P irk Pi,. on SI r• rro lay Elam Cily WASit,,11,..f Shop • ...%•4411,1q111.5, .{In 1-.m0o).•rn • ',cog il, 4 rp Pati• 4-; Sources: Esri, DeLorme, NAVTEQ, TomTom, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster Ordnance Survey, Esri Japan, IVIETI. Esri China (Hong Kong), swisstopo, and the GIS User Community Proposal: Proposed public right-of-way vacation of the south 5 feet of Tieton Drive between 5th Avenue and 4th Avenue. DOC. INDEX # Map Disclaimer: Information shown on this map is for planning and illustration purposes only. The City of Yakima assumes no liability for any errors, omissions, or inaccuracies in the information provided or for any action taken, or action not taken by the user in reliance upon any maps or information provided herein. DENOTES RIGHT OF WAY TO BE VACATED Of Y WM , r , \ \ , / 0. ti N \ N/ e0' 'buts• / \N \\ N,C/ • /7N N NN �/ ca./ \ ��;� N / N ., r ,. / 40 0 40 FEET HIS SCALE: 1" = 40' PLSA ENGINEERING -SURVEYING -PLANNING 1120 WEST LINCOLN AVENUE YAKIMA, WASHINGTON 98902 (5091 575-6990 SITE MAP DRAWN BY: JOE PARCEL N0.'S 181324 - 44424 & 44429 �� 2/5/2015 —PREPARED FOR— JOB NO. 14238 COMMUNITY HEALTH OF CENTRAL WASHINGTON SHEEr NO. XSE 1/4, SE 1/4, SEC. 24, T-13 N 2,WM 1 OF 1 • INDEX # C-\ - ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 5.C. For Meeting of: March 3, 2015 Set April 7, 2015 as the date for a public hearing to consider the right-of-way petition submitted by Community Health of Central Washington for a portion of the south five feet of Tieton Drive between 4th Avenue and 5th Avenue Joan Davenport, AICP, Director of Community Development Robbie Aaron, Assistant Planner, (509) 576-6736 SUMMARY EXPLANATION: Community Health of Central Washington has petitioned for the vacation of a portion of the south five feet of Tieton Drive between 4th Avenue and 5th Avenue. Resolution: Ordinance: Other (Specify): Set Date Contract: Contract Term: Start Date: End Date: Item Budgeted: Amount: Funding Source/Fiscal Impact: Strategic Priority: Improve the Built Environment Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: City Manager RECOMMENDATION: Set April 7, 2015 as the date for City Council consideration of the hearing examiner's recommendation on right-of-way vacation RWV#002-14, Petition No. 14-03. ATTACHMENTS: Description Upload Date Type No Attachments Available https://yakima.novusagenda.com/agendaintranet/Cover... Page 1 of 1 DOC. INDEX # E -U 3/27/2015 AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: RWV#002-14 Paul Kaschmitter / Community Health of Central WA 501 S 5th Ave I, Lisa Maxey, as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of Hearing Examiner's Recommendation. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant by certified mail, and parties of record, that said property owners are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 24th day of February, 2015. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. c;a. /27L Lisa Maxey Temporary D.A. II v DOC. INDEX # F-10 b Maxey, Lisa From: Maxey, Lisa Sent: Tuesday, February 24, 2015 2:22 PM To: Belles, Carolyn; Brown, David; Caruso, Joe; Cook, Debbie; Cutter, Jeff; Davenport, Joan; Dean, James; DeBusschere, Suzanne; Denman, Glenn; Futrell, Kevin; Ibarra, Rosalinda; Kallevig, Dana; Kunkler, Mark; Matthews, Archie; Maxey, Lisa; Meloy, Randy; Riddle, Dan; Rizzi, Dominic; Robertson, Jerry; Schafer, Scott; Scott, James; Shane, Mike; Soptich, Mark Cc: Aaron, Robbie Subject: NOTICE OF HEARING EXAMINER'S RECOMMENDATION TO CITY COUNCIL - Paul Kaschmitter / Community Health of Central WA - RWV#002-14 Attachments: NTC OF H.E. RECOMMENDATION - RWV.pdf Attached is a Notice of Hearing Examiner's Recommendation to City Council regarding the above -entitled project. If you have any questions regarding this notice, please contact assigned planner Robbie Aaron at (509) 576-6736 or by email at robbie.aaron@vakimawa.gov. Thank you! Lisa Maxey Temporary Department Assistant (509) 576-6669 City of Yakima Planning Division 129 N. 2nd St. Yakima, WA 98901 1 DOC. INDEX # F-10 Parties of Record - kaschmitter-Community Health - RWV In -House Distribution E-mail List PLSA Engineering Division Community Health of Central WA c/o Rick Wehr PLSA Engineering 501 S 5th Ave 1120 W Lincoln Ave c/o Joe Baker Yakima, WA 98902 Yakima, WA 98902 1120 W Lincoln Ave paul.kaschmitter{aCHCW.org rwehr@plsaofyakima.com Yakima, WA 98902 Paul Kaschmitter Mark Kunkler Legal Dept 8010 Englewood Crest Jeff Cutter Yakima, WA 98908 jeff.cutterCci1yakimawa.gov In -House Distribution E-mail List Name Division E-mail Address Debbie Cook Engineering Debbie.cook@yakimawa.gov Dana Kallevig Wastewater dana.kallevig@yakimawa.goy Dan Riddle Engineering dan.riddle@yakimawa.gov Mark Kunkler Legal Dept Mark.kunkler@yakimawa.gov Jeff Cutter Legal Dept jeff.cutterCci1yakimawa.gov Archie Matthews ONDS archie.matthews@yakimawa.gov Mark Soptich Fire Dept mark.soptich@yakimawa.gov Chief Rizzi Police Department Dominic.rizzi@yakimawa.gov Joe Caruso Code Administration Joe.caruso@yakimawa.gov Carolyn Belles Code Administration carolyn.belles@yakimawa.gov Jerry Robertson Code Administration jerry.robertson@yakimawa.gov Glenn Denman Code Administration glenn.denman@yakimawa.gov Suzanne DeBusschere Code Administration Suzanne.debusschere@,yakimawa.gov Dave Brown Water/Irrigation dave.brown@yakimawa.gov Mike Shane Engineering mike.shane@yakimawa.gov Randy Meloy Wastewater randy.meloy@yakimawa.gov Scott Schafer Public Works Dept scott.schafer@yakimawa.gov James Dean Utilities James.dean@yakimawa.gov James Scott Refuse Division James.scott@yakimawa.gov Kevin Futrell Transit Division kevin.futrell@yakimawa.gov Joan Davenport Planning joan.davenport@yakimawa.gov For the Record/File Binder Copy Revised 12/2014 Type of Notice: U -c, of 17\001 (X.oviiterS c �►rn Pir�� c�� Q� File Number: RJv * Q0 f l Date of Mailing: ) 5 DOC. INDEX #.1-10 @, Gary M. Cuillier ATTORNEY AT LAW 314 N. SECOND STREET YAKIMA, WASHINGTON 98901 February 20, 2015 Rosalinda Ibarra Yakima City Planning Division 129 North 2nd Street Yakima, WA 98901 RECEIVED FES' 2G2015 CITY OF YA COMMUNITY DEVKiOP E T (509) 575-1800 FAX: (509) 452-4601 HAND -DELIVERED Re: Hearing Examiner's Recommendation: RVW #002-14, Petition # 14-03 (Com- munity Health of Central Washington to Vacate a Portion of the Tieton Drive Right -of -Way Between 4th and Stn Avenues) Dear Rosalinda, Enclosed is the Hearing Examiner's Recommendation regarding the above -entitled matter. If you have any questions, please give me a call. Thank you. Yours very truly, r KEVIN R. RICHARDSON Legal Secretary to GARY M. CUILLIER KRR: krr Enclosure cc: Karri Espinoza, Yakima County Planning Division, w/ Enclosure Pat Spurgin, City of Yakima Pro Tem Hearing Examiner, w/ Enclosure DOC. INDEX # F--10 COMMUNL _ DEVELOPMENT DEPARTMENT Planning Division 129 North Second Street, 2nd Floor Yakima, Washington 98901 Phone (509) 575-6183 • Fax (509) 575-6105 ask.planning@yakimawa.gov • http:l/www.yakimawa.gov/services/planning/ NOTIFICATION OF HEARING EXAMINER'S RECOMMENDATION TO THE CITY COUNCIL February 24, 2015 On February 20, 2015 the City of Yakima Hearing Examiner rendered his recommendation on RWV#002-14 (Petition #14-03). The application submitted by Paul Kaschmitter on behalf of Community Health of Central Washington is to vacate the south five feet portion of the Tieton Drive right-of-way between 4th and 5th Avenues. The application was reviewed at an open record public hearing held on October 9, 2014. A copy of the Hearing Examiner's Findings and Recommendation is enclosed. The Hearing Examiner's Recommendation will be considered by the Yakima City Council in a public hearing to be scheduled. The City Clerk will notify you of the date, time and place of the public hearing. For further information or assistance you may contact Assistant Planner Robbie Aaron at (509) 576-6736 at the City of Yakima, Planning Division. Robbie Aaron Assistant Planner Date of Mailing: February 24, 2015 Enclosures: Hearing Examiner's Recommendation, Site Plan DOC. INDEX COMMtr'TTY DEVELOPMENT DEPARTMENT Joan Dat—,port, AICP, Director Planning Division 129 North Second Street, 2nd Floor Yakima, Washington 98901 Phone (509) 575-6183 • Fax (509) 575-6105 www.yakimawa.gov/services/planning CITY OF YAKIMA HEARING EXAMINER AGENDA Thursday February 5, 2015 Yakima City Hall Council Chambers Beginning at 9:00 a.m. I. CALL TO ORDER II. INTRODUCTION III. PUBLIC HEARINGS CONTINUED PUBLIC HEARING FOR THE RECORD / FILE A. COMMUNITY HEALTH OF CENTRAL WASHINGTON/ (10/24/2014) RWV#002-14 PAUL KASCHMITTER Planner: Robbie Aaron Address: 501 S 5th Ave Request: Proposed public right-of-way vacation of the south 5 feet of Tieton Drive between 5th Avenue and 4th Avenue. IV. ADJOURNMENT If you are unable to attend the hearing, you may submit your comments in writing prior to the hearing. You may also submit written testimony at the hearing. DOC. INDEX HEARING SIGN -IN SHEET HEARING EXAMINER CITY HALL COUNCIL CHAMBERS HEARING DATE: Thursday, February 5, 2015 CASE FILE # APPLICANT SITE ADDRESS A. RWV#002-14 PAUL KASCHMITTER/COMMUNITY HEALTH OF CENTRAL WASHINGTON 501 S 5th Avenue PLEASE WRITE LEGIBLY! Please indicate which proposal you are interested in: A. CASE NAME ADDRESS ZIP CODE 011, ► _\ , IAA(' / SG 1,6 Eije_tkiGA 6v,5.\--01-, TWO Hearing Examiner Public Hearing Sign -In Sheet — 02/05/2015 DOC. INDEX # qF N ppt� N� ?fl i ‘ L O 1= LQ -N i'1N y Awl ( t C,00unh1 OF R%t4TDr IA VAcieriotbi u atIWG— `1ti... _ IR ..�f .-L �%-c :..Y,_. ��-� o er. n.f C.c...Y'I _ - 1 g t-1. 4 �^: i _ N.A. ; w)k-e)i P,. quit/ 516 .Lr-.-, .mak 7,:r".r. i.1_4_.4--0) _ la. ye..r-r�.� 5 6 le..,it), ..n e-44 + . ' 1...0--. .SPS ts\) -;1^-SP---- cA-6.3 °)e,Isc) ifirtALALests:ffe, 1 I' �►,��. -�.,�.x�-.,]Q��"_ 1.E re.�►�.�.1��-4 > � n L Lel 01.-- - , ��1�,� �Z_o_i �.Jr +LQ 5 j �o.....�,t 14, iir_aux-: IR°o•M, C-Lt,r-4,l -s air ac _ Mor4L �{ re ,15-I L t oo�-) �•-t' �.1` �.�.o� �_ NAI( i C -11416361 640-1,44.4E- 144.5 Y,a+e,.i ec _-)..0. Ce CA., +23 L+iLIL. L►#1.4, �9 ha� 17:041117 j �R on coves. Www*-•41:41.'eDAYLT) I /2,2/1 # g cur., sivh , COMM'-'ATTTY DEVELOPMENT DEPARTMENT -. Joan Da _ .,nport, AICP, Director Planning Division 129 North Second Street, 2nd Floor Yakima, Washington 98901 Phone (509) 575-6183 • Fax (509) 575-6105 www.yakimawa.gov/services/planning CITY OF YAKIMA HEARING EXAMINER AGENDA Thursday January 22, 2015 Yakima City Hall Council Chambers Beginning at 9:00 a.m. I. CALL TO ORDER II. INTRODUCTION III. PUBLIC HEARINGS A. COMMUNITY HEALTH OF CENTRAL WASHINGTON/ (RWV#002-14) PAUL KASCHMITTER Planner: Robbie Aaron Address: 501 S 5th Ave Request: Proposed public right-of-way vacation of the south 5 feet of Tieton Drive between 5th Avenue and 4th Avenue. IV. ADJOURNMENT If you are unable to attend the hearing, you may submit your comments in writing prior to the hearing. You may also submit written testimony at the hearing. DOC. INDEX 1 HEARING SIGN -IN SHEET HEARING EXAMINER CITY HALL COUNCIL CHAMBERS HEARING DATE: Thursday, January 22, 2015 CASE FILE # APPLICANT SITE ADDRESS A. RWV#002-14 PAUL KASCHMITTER/COMMUNITY HEALTH OF CENTRAL WASHINGTON 501 S 5th Avenue PLEASE WRITE LEGIBLY! Please indicate which proposal you are interested in: A. CASE NAME ADDRESS ZIP CODE ctA -7LS� ) ( 2E) ifr.S, ,o ccs kt),s ?8 i�C._ .//9t � (A/ 794,,,,5 (-6.4;-)-k-i Y6/6 ,ta\-1j lecit,?-ec: 6-(21 92i? -6 Y Hearing Examiner Public Hearing Sign -In Sheet — 01/22/2015 DOC. INDEX L R-7 4 Phil Lamb KIT-KATS Radio Distribution List 07/01/2014 311 North 3ra Street Yakima, WA 98901 4u1u Nummitview, quite 2Uu Yakima, WA 98908 AH YPAC randy.beehler@vakimawa.gov Yakima Assoc. of Realtors Gov. Affairs Committee 2707 River Road Yakima, WA 98902-1165 KARY Radio 1200 Chesterly Dr. #160 Yakima, WA 98902 ken.crockett@yakimwa.gov mike.brown@yakimawa.gov bonnie.lozano@yakimawa.gov Dominic Rizzi Police Chief dominic.rizzi@yakimawa.gov KCYU-FOX 68 David Okowski 1205 West Lincoln Ave. Yakima, WA 98902 KIMA TV 2801 Terrace Heights Drive Yakima, WA 98901 Bob Stewart Fire Chief bob.stewart@yakimawa.gov Pacific Power Mike Paulson 500 N. Keys Rd. Yakima, WA 98901 KNDO TV 216 West Yakima Avenue Yakima, WA 98902 Sonya Claar-Tee City Clerk sonya.claartee(a,yakimwa.gov Office of Rural FWH Marty Miller 1400 Summitview #203 Yakima, WA 98902 Yakima Herald -Republic P.O. Box 9668 Yakima, WA 98909 Tony O'Rourke City Manager�, tony.orourke(u�yakimwa.gov Yakima School Dist. #7 Superintendent 104 North 4 Street Yakima, WA 98902 VIVA P.O. Box 511 Toppenish, WA 98948 Radio KDNA P.O. Box 800 Granger, WA 98932 Business Times Bruce Smith P.O. Box 2052 Yakima, WA 98907 Patrick D. Spurgin 411 N. 2" a St. Yakima, WA 98901 KAPP TV Attn: Newsroom PO Box 1749 Yakima, WA 98907-1749 Yakima Valley C.O.G. 311 N. 4th Street STE 202 Yakima, WA 98901 Gary Cuillier 314 N. 2°a Street Yakima, WA 98901 Reed C. Pell 31 Chicago Avenue #4 Yakima, WA 98902 reed@reedcpell.net Maud Scott 307 Union Street Yakima, WA 98901 Codes Bulletin Board DOC. !NOP Hearing Examiner racket Jeff Cutter Debbie Cook - -' - - -- - - -- - - -' SITE PLAN AND MAPS......... 07/01/2014 City Legal Department Teff.cutter@yakimawa.gov Engineering Division Debbie.Cook@yakimawa.gov Yakima County Planning County Courthouse Jefferson.spencer@co.yakima.wa.us Archie Matthews ONDS Archie.matthews@yakimawa.gov Joan Davenport Joan.davenport@yakimawa.gov Mark Kunkler Legal Department Mark.kunkler@yakimawa.gov Dana Kallevig Engineering Division Dana.kallevig@yakimawa.gov DON'T FORGET TO SEND ONE TO THE APPLICANT & PROPERTY OWNER........... Yakima County Planning Public Services Vern Redifer Vern.redifer@co.yakima.wa.us Yakima County Commissioners Commissioners.web@co.yakima.wa. Binder Copy For the Record/File us Community Health of Central WA c/o Paul Kaschmitter 501 South 5th Avenue Yakima, WA 98902 Paul.kaschmitter@chcw.org PLSA Engineering c/o Rick Wehr 1120 West Lincoln Avenue Yakima, WA 98902 rwehr@plsaofyakima.com Community Health of Central WA 1806 West Lincoln Avenue Yakima, WA 98902 DOC. IND # LP RE: File# Applicant Name: Project Name: Site Location: 4 11,4. 4 La ■ ANNiNG AFFIDAVIT OF POSTING STATE OF WASHINGTON g V Gtr 002-1-1 (41 r.44ekt wi c -Ffv►f G e-fcW As an employee of the City of Yakima Planning Division, I have posted a copy of the Resolution fixing time of public hearing before the Hearing Examiner. The Hearing Examiner Public Hearing is scheduled for the 2-2 day of 20 15 Notices were posted on the Z day of aeitt',r ' 20 1 5 at the following locations: Lobby of City Hall, County Courthouse and the Central Library. Signed /4-5'51 S f- /7C4;44cf' Job Title Date 2/15 DOC. INDEX CITY OF YAKIMA LAND USE ACTION INSTALLATION CERTIFICATE File Number: [2) VA Applicant/Project Name: I/o, 4-ctscIr\vni-+Vr Site Address: 51 644(1, L Date of Posting: ijZ1 zoos Location of Installation (Check One): Land Use Action Sign is installed per standards described in YMC § 15.11.090(C). Land Use Action Sign is installed in an alternate location on the site. Note: this alternate location (if not pre -approved by the Planning Manager) may not be acceptable by the Planning Division and is subject to relocation (at the owner's expense) to a more visible site on the property. The alternative location is: Su- ►4-Mttaed pd41-0 The required comment period will begin when the Planning Division has received the Land Use Action Installation Certification. The date of installation certificate receipt will begin the notice period. Failure to post a Land Use Action sign and return this form signed in a timely manner will cause a delay in the application review. I hereby testify that the sign installed fully complies with the Land Use Action sign layout specifications and installation standards, and that the sign will be maintained until a decision has been rendered. Applic-tuls_Si5nnfilre 14551S V'rivfd- Pfahh4r 124 61.e Attiali,nnt's...Nanaii(Please-PritreyApplicant's Telephone Number Date 1j 2/72dic Please remit the above certification and deliver to the City of Yakima Planning Division via fax at (509) 575-6105; in person or by mail to: City of Yakima, Planning Division, 129 North 2°d Street, Yakima, WA 98901. CAuaerelvmnithAppUffiavocallNLaueumWinduwe,Temporaryhdaue[File.\Con¢a9OuilookKS1UQW0%a,d Use Action Installation Certificate _June 2014.docx Revision 002 DOC. 06/17/2014 PUBLIC HEARING Contact The City Of Yakima 509-575-6163 AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: RWV#002-14 Community Health of Central WA/ Paul Kaschmitter Vicinity of 501 South 5th Avenue I, Rosalinda Ibarra, as an employee of the City of Yakima Planning Division, have dispatched through the United States Mails, a Notice of Petition and Public Hearing. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant and all property owners of record within a radius of 300 feet of the subject property, that said property owners are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 23rd day of December, 2014. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. I 1 Rosalinda Ibarra Administrative Assistant DOC. INDEX # V.3 10.13L14444 / 1 CENTRAL WASH COMP MENTL HLTH PO BOX 959 YAKIMA, WA 98907 18132444429 COMMUNIT9' HEALTJj9F CERAL- 1813Z444429 A! ASHINGTON 1806 W LINCOLN�41 �_� YAKIMA, WA 98902 —18132444428 COMMUNITY -HEALTH OF CENTRAL WASH INGT N-- 1806 W LINCOLN --AVL YAKIMA, WA 98902-- 18132444406 YAKIMA SCHOOL #7 104 N 4TH AVE YAKIMA, WA 989022636 -Th:8132444426 DAVID C& JANlail NNELL 218 SANTA ZAD — 'YAKIMA, WA 98901 15 Total Parcels - Paul Kasch'nitter 1 Community Health of Central WA - RWV#002-14 1813' ' 44472 CENTRAL PO BOX 95 Y:4 COM WA 98907 L HLTH 18132444449 COMMUNITY HEALTH OF CENSiI ON 1806 W LINCOL-N-A06 YAKIMA; WA 98902 18132444452 COMMUNITY HEALTH OF £ENTRg1.WA5 1NGTON 1806 W LINCOLN:AVE� YAKIMA, WA 98902 —__ 18132444427 DAVID C & JANNIE CONNELL 218 SANTA ROZA DR YAKIMA, WA 98901 18132444434 MICHAEL MOEN 609 N 65TH AVE YAKIMA, WA 98908 1815 244 442-i CCr%r�A!'P:I'iY F'f'r TH C•f CENTRAL 1JIASHI .ET01 1806 W LINCOLN AVE i A K I M A, WA 98902 18132444459 COMMUNITY HEALTH OF CENTRAL WASHINGT 1806 W LINCOLN AVE- YAKIMA, WA 98902 18132444422 SOLARITY CREDIT UNION PO BOX 2922 YAKIMA, WA 989072922 18132444425 DAVID C & JANNIE-CONNELL 2SANTA ROZA DR ``YAKIMA, WA 98901 Community Health of Centraf c/o Paul Kaschmitter 501 5th Ave Yakima, WA M902 [WC of" Pat -inn i_teo ('wv* 002.-Iq r- , 18132444435 MICHAEL MOEN> 609 N 65TH AVE YAKIMA, WA 98908 r19j In -House Distribution E-mail List Name Division E-mail Address Debbie Cook Engineering Debbie.cook@yakimawa.t;ov Dana Kallevig Wastewater dana.kallevig@vakimawa.gov Dan Riddle Engineering dan.riddle rr,yakimawa.gov Mark Kunkler Legal Dept Mark.kunkler@yakimawa.gov Jeff Cutter Legal Dept jeffeutter@yakimawa.gov Archie Matthews ONDS archie.matthews cr,yakimawa.gov Mark Soptich Fire Dept mark.soptich cr,vakiniawa.gov Chief Rizzi Police Department Dom in ie.rizzikyakirnawa.gov Joe Caruso Code Administration Joe.caruso@a,yakimawa.gov Carolyn Belles Code Administration carolvn.belleW,vakimawa.gov Jerry Robertson Code Administration jerry.robertson(7a yakimawa.gov Glenn Denman Code Administration glenn.denman(i yakimawa.gov Suzanne DeBusschere Code Administration Suzanne.debusschere(2 vakimawa.gov Dave Brown Water/Irrigation dave.brownQyakimawa.gov Mike Shane Engineering mike.shane@yakimawa.gov Randy Meloy Wastewater randy.meloy64yakimawa.gov Scott Schafer Public Works Dept scott.schafer reyakimawa.gov James Dean Utilities .1ames.dean(7u,vakimawa.gov James Scott Refuse Division James.scott( r,yakimawa.gov Kevin Futrell Transit Division kevin.futrell(a7vakimawa.gov Joan Davenport Planning jaan.davenport cr,yakimawa.gov For the Record/File Binder Copy Revised 12/2014 Type of Notice: f) +C o 1 t+ i i pyo a 14-eQ Y l /1 File Number(s): k)'J 1 DO 2 - LI Date of Mailing: ilL)31/(1 DOC. INDEX # 1 L Ibarra, Rosalinda From: Ibarra, Rosalinda Sent: Tuesday, December 23, 2014 3:47 PM To: Brown, Michael; Crockett, Ken; 'Daily Sun News - Bob Story'; Ibarra, Rosalinda; 'KAPP TV News'; 'KBBO-KRSE Radio - manager'; 'KCJT TV News'; 'KDNA Radio'; 'KEPR TV News'; 'KIMA TV - Jim Niedelman'; 'KIMA TV News'; 'KIMA TV News - Crystal Bui'; 'KIT/KATS/DMVW/KFFM - Lance Tormey'; 'KNDO TV News'; 'KUNS-TV Univision'; 'KVEW TV News'; Lozano, Bonnie; 'NWCN News'; 'NWPR - Anna King'; Randy Luvaas - Yakima Business Times; 'Reed C. Pell'; 'Tu Decides - Albert Torres'; 'Yakima Herald Republic - Craig Troianello'; 'Yakima Herald Republic - Erin Snelgrove'; 'Yakima Herald Republic - Mai Hoang'; 'Yakima Herald Republic - Mark Morey'; 'Yakima Herald Republic Newspaper'; 'Yakima Valley Business Times'; 'Yakima Valley Business Times - George Finch'; Beehler, Randy Cc: Aaron, Robbie; Belles, Carolyn; Brown, David; Caruso, Joe; Cook, Debbie; Cutter, Jeff; Davenport, Joan; Dean, James; DeBusschere, Suzanne; Denman, Glenn; Futrell, Kevin; Kallevig, Dana; Kunkler, Mark; Matthews, Archie; Maxey, Lisa; Meloy, Randy; Riddle, Dan; Rizzi, Dominic; Robertson, Jerry; Schafer, Scott; Scott, James; Shane, Mike; Soptich, Mark Subject: NOTICE OF PETITION AND PUBLIC HEARING - Community Health of Central WA / Paul Kaschmitter - RWV#002-14 Attachments: NTC OF PETITION AND HEARING - Kaschmitter-ComHealthofCentWA-RWV.pdf Attached is a Notice of Petition and Public Hearing regarding the above -entitled project. If you have any questions regarding this proposal please contact Robbie Aaron at (509) 576-6736. Thank you! Rosalinda Ibarra Community Development Administrative Assistant rosalinria.ibarra(ii).yaki mawa.eav City of Yakinna Planning I3iv isiou 129 North 2nd Street, Yakima WA 98901 p: (509) 575-6183 * f: (509) 575-6105 This email is a public record of the City of Yakima and is subject to public disclosure unless exempt under the Washington Public Records Act. This email is subject to the State Retention Schedule. DOC. INDEX 1 YAKIMA liERALD,.- A daily part of your life rFyakima-herald,com -Ad Proof - This is the proof of your ad scheduled to run on the dates indicated below. Please confirm placement prior to deadline, by contacting your account rep at (509) 577-7740. Date: 12/22/14 Account #: 110358 Company Name: CITY OF YAKIMA PLANNING Contact: ROSALINDA IBARRA Address: DEPT OF COMMERCIAL ECONOMICAL DEVELOPEME 129 N 2ND STREET YAKIMA, WA 98901-2720 Telephone: (509) 575-6164 Ad ID: 502910 Start: 12/23/14 Stop: 12/23/14 Total Cost: $88.13 Agate Lines: 49 # of Inserts: 2 Ad Class: 6021 Account Rep: Simon Sizer Phone # (509) 577-7740 Email: ssizer@yakimaherald.com Run Dates: Yakima Herald -Republic 12/23/14 YakimaHerald.com 12/23/14 Ad Proof NOTICE OF PETITION AND PUBLIC HEARING DATE: 12/23/2014 TO: Petitioner and Adjoining Property Owners FROM: Joan Davenport, AICP, Community Development Director SUB- JECT: Notice of Petition for the vacation of platted street right- of-way. RWV #002-14 NOTICE OF PETITION The City of Yaki- ma, Department of Community Development has received, from Paul Kaschmitter, on behalf of Community Health of Central Washington, a request to vacate a portion of platted right-of-way, as described herein. The file containing the complete application is avail- able for public review at the City of Yakima Planning Division, 2nd floor City Hall, 129 North 2nd St, Yakima, WA. NOTICE OF PUBLIC HEARINQThis request requires that the Hear- ing Examiner hold an open record public hearing. The public hearing is scheduled to be held on Thursday, January 22, 2015, beginning at 9:00 a.m., in the Council Chambers, City Hall, 129 N 2nd St, Yakima, WA. Any person desiring to express their views on this mat- ter is invited to attend the public hearing or to submit written comments to: Joan Daven- port, Community Develop- ment Director City of Yakima, Department of Community & Economic Development 129 North 2nd Street Yakima, WA 98901 If you have any ques- tions on this proposal, please call Robbie Aaron, Assistant Planner at (509) 576-6736. Other Permits Required: None (502910) December23, 2014 DOC. INDEX # �"-3c Ibarra, Rosalinda From: Sent: To: Subject: Attachments: Simon Sizer <ssizer@yakimaherald.com> Monday, December 22, 2014 10:14 AM Ibarra, Rosalinda Re: 12-23-2014 Legal Notice: Ntc of Petition and Hearing IBARRA-68-502910-1.pdf I've scheduled this legal notice for 12/23, for a cost of $88.13. On 12/19/14 4:44 PM, "Ibarra, Rosalinda" <Rosalinda.lbarra@yakimawa.gov> wrote: Simon, please publish only once on Tuesday December 23, 2014. Send affidavit of publication and invoice to: Account 11002 City of Yakima, Planning Division —129 North 2nd Street, Yakima, WA 98901 Rosalinda Ibarra Community Development Administrative Assistant rosalinda.ibarra@yakimawa.gov City of Yakima 1 Planning Division <http://www.yakimawa.gov/services/plannind> 129 North 2nd Street, Yakima WA 98901 p: (509) 575-6183 * f: (509) 575-6105 This email is a public record of the City of Yakima and is subject to public disclosure un! Washington Public Records Act. This email is subject to the State Retention Schedule, Simon Sizer 1 Legal & Obituary Clerk Yakima Herald -Republic 114 North 4th Street, Yakima, WA 98901 - Kaschmitter - RWV#002-14 NOTICE OF PETITION AND PUBLIC HEARING DATE: 12/23/2014 TO: Petitioner and Adjoining Property Owners FROM: Joan Davenport, AICP, Community Development Director SUB- JECT: Notice of Petition for the vacation of platted street right- of-way. RWV #002-14 t TICS OF PI=T TI N The City of Yaki- ma, Department of Community Development has received, from Paul Kaschmitter, on behalf of Community Health of Central Washington, a request to vacate a portion of platted right-ot-way, as described herein. The file containing the complete application is avail- able for public review at the City of Yakima Planning Division. 2nd floor City Hall, 129 North 2nd St, Yakima, WA. NOTICE OF PUBLIC R�,N_G This request requires that the Hear- ing Examiner hold an open record public hearing. The public hearing is scheduled to be held on Thursday, January 22, 2015, beginning at 9:00 ess e) a.m., in the Council Chambers, City Hall, 129 N 2nd St, Yakima, WA. Any person desiring to express their views on this mat- ter is invited to attend the public hearing or to submit written comments to: Joan Daven- port, Community Develop- ment Director City of Yakima, Department of Community & Economic Development 129 North 2nd Street Yakima, WA 98901 It you have any ques- tions on this proposal, please call Robbie Aaron, aOther Permits Required: Assistant Planner at (509) Phone: (509) 577-7740 1 Fax: (509) 577-7766 None www.yakima-herald.com Reaching 73% of Yakima County adults every week in print and online 2012 Scarborough Report Yakima/Pasco/Richland/Kennewick R2, (Fall 2011 - Fall 2012) Yakima County (502910) December 23, 2014 DOC. INDEX 1 DATE: TO: FROM: SUBJECT: NOTICE OF PETITION AND PUBLIC HEARING December 23, 2014 Petitioner and Adjoining Property Owners Joan Davenport, AICP, Community Development Director Notice of Petition for the vacation of platted street right-of-way. RWV #002-14 NOTICE OF PETITION The City of Yakima, Department of Community Development has received, from Paul Kaschmitter, on behalf of Community Health of Central Washington, a request to vacate a portion of platted right-of-way, as described herein. The file containing the complete application is available for public review at the City of Yakima Planning Division, 2nd floor City Hall, 129 North 2nd St, Yakima, WA. NOTICE OF PUBLIC HEARING This request requires that the Hearing Examiner hold an open record public hearing. The public hearing is scheduled to be held on Thursday, January 22, 2015, beginning at 9:00 a.m., in the Council Chambers, City Hall, 129 N 2nd St, Yakima, WA. Any person desiring to express their views on this matter is invited to attend the public hearing or to submit written comments to: Joan Davenport, Community Development Director City of Yakima, Department of Community Development 129 North 2nd Street Yakima, WA 98901 The City Council shall decide whether or not to vacate the street or right-of-way which is the subject of this notice. The hearing examiner conducts a public hearing and makes a recommendation to the City Council. If you wish to be informed of the time, date, and place of the City Council meeting at which the hearing examiner's recommendation will be considered, leave your name and mailing address in writing with the representative of the Department of Community Development present at the examiner's public hearing. If you have any questions on this proposal, please call Robbie Aaron, Assistant Planner at (509) 576-6736. Other Permits Required: None Encl.: Petition, Written Narrative, Site Plan, and Mailing Map DOC. INDEX #_±..3.,... BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 5.E. For Meeting of: December 02, 2014 I L 1 Z L 1 T T ITEM TITLE: SUBMITTED BY: SUMMARY EXPLANATION: Resolution setting January 22, 2015 as the date for an open record public hearing before the Hearing Examiner to vacate the south 5 feet of Tieton Drive between South 5th Ave & South 4th Ave Joan Davenport, AICP, Community Development Director Robbie Aaron, Assistant Planner (509) 576-6736 Community Health of Central Washington has submitted a petition requesting the vacation of the south 5 feet of Tieton Drive between South 5th Ave & South 4th Ave. Resolution: X Ordinance: Other (Specify): Contract: Contract Term: Start Date: End Date: Item Budgeted: Amount: Funding Source/Fiscal Impact: Strategic Priority: Improve the Built Environment Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: RECOMMENDATION: City Manager Adopt the resolution setting the date of the public hearing for this requested right-of-way DOC. INDEX vacation for January 22, 2015. ATTACHMENTS: Description D resolution 0 MIMI D Site Plan RWV002-14 Upload Date Type 11125)2014 Cover Memo 11/25/2014 Covei Memo 11/17/2014 Backup Material DOC. INDEX # F- RESOLUTION NO. R-2014-141 A RESOLUTION fixing time for a public hearing before the Hearing Examiner on January 22, 2015, on a petition (Petition No. 14-03) to vacate the south 5 feet of Tieton Drive between South 5th Ave & South 4th Ave. WHEREAS, pursuant to RCW 35.79.010, a petition has been filed with the City Clerk, requesting the vacation of a street or alleyway (or portion thereof) within the City of Yakima, a true copy of which petition is attached and incorporated into this resolution (Exhibit "A"); and WHEREAS, such a petition has 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 is requested to be vacated, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The above -referenced petition for vacation is hereby referred to the Hearing Examiner for 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 petition The Hearing Examiner's Public Hearing shall be held on January 22, 2015 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 Tess 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 2nd day of December, 2014. /44 (lt. Mai/or DOC. INDEX EXHIBIT "A" PETITION NO. / 4/ - 0 3 '14 OCT 24 P3 :45 CITY OF YAKIMA, WASHINGTION PETITION TO VACATE STREET OR ALLEY RECEIVED OCT 2 4 2.014 QTY Of YAKIMA PLANNING DIV To the City Coun it of the City of Yakima, Washington. `tliptsi 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). 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 heard hereon for the vacation of said area in the manner prescribed by RCW Ch. 35.79. PALlL I445C.i-IM,TTEZ FOR Co► MU�11T'�r' '-1 ALTH SDI 5. 51 -ti AV.. Ow Address F:/ -(11A1 -1:1-L j ignature Date Ownership % Owner Address Signature Date Ownership % Owner Address Signature Date Ownership % (if there are more property owners than what is room for please attach a separate list of property owners abutting the right-of-way to be vacated as well as their address, percentage of frontage on the right-of-way, and signature with date and the total ownership percentage of the property owners participating in this vacation) Revised 07/2014 DOC. Page l 6 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division 129 North Second Street, 2nd Floor Yakima, Washington 98901 Phone (509) 575-6183 • Fax (509) 575-6105 ask.planning(wyakimawa.gov • hltp://www.yakimawa.gov/services/planning/ NOTICE OF COMPLETE APPLICATION November 18, 2014 Community Health of Central Washington Attn: Paul Kaschmitter 501 S. 5th Ave Yakima, WA 98902 Subject: Determination of Complete Application for RWV#002-14 Location: Tieton Drive between South 5th Avenue and South 4th Avenue Adjacent Parcel Numbers: 181324-44424, 44429 This application for a right-of-way vacation was submitted on October 24, 2014. Following initial review, this application has been determined to be complete as of November 18, 2014. Continued processing of your request will include, but is not limited to, the following actions: 1. We will petition the City Council to set a date before the Hearing Examiner. (The next available City Council Meeting is on 12/02/2014) 2. Upon receiving a date for the Hearing Examiner, a Notice of Petition & Public Hearing will be sent to property owners within 300 feet of the site. A 20 -day comment period is provided by the City of Yakima for public comments. 3. During the comment period, a staff report will be prepared by the Planning Division, which will include a recommendation for approval, approval with conditions, or denial. 4. The City of Yakima Hearing Examiner will hold the identified open -record public hearing at 9:00 AM on the specified date in the City of Yakima Council Chambers. 5. Following the public hearing, the City of Yakima Hearing Examiner will render his recommendation to City Council on this matter within ten (10) business days. The Hearing Examiner's recommendation will go forward to the City Council for final action. You may contact me at (509) 576-6736 if you have any questions regarding this matter. Sincerely, Robbie Aaron Assistant Planner DOC. INDEX # / / PAUL KASCHMITTER/COMMUNITY HEALTH OF CENTRAL WASHINGTON RWV#002-14 EXHIBIT LIST CHAPTER G Correspondence DOC INDEX # DOCUMENT DATE G-1 Letter from Mike Maples, Community Health of Central Washington 07/01/2014 July 1, 2014 RE: Code Administration/Regulatory Permit Spoke with Ms. Hazen by phone today - Re: letter of 6/20/14 • CHCW had not previously been aware of the existence of a Regulatory Permit for right of way encroachment, or need to re -apply. • Prior to purchase, Solarity did disclose the fact of the building being 3.5 ft at the NW corner and 3 ft at that NE corner on city property. • On 8/8/13, Jake Jundt (acting on behalf of CHCW as construction manager) had a conversation with Ms. Davenport about the encroachment, and CHCW's desire to resolve the issue by making application for a lot line adjustment, and purchasing the subject land from the city. o As CHCW was not, at that time, in possession of the property, no action could be taken. • With this notice, the encroachment issue is raised anew, and seems to be closely entwined with the regulatory permit in question. • The following proposal was made to Ms. Hazen: o It continues to be the intent of CHCW to resolve the issue of encroachment. o We would like to engage Jake Jundt to follow through on that, and he is happy to do so, but is not available until mid-August. o At that time, we would propose to begin the process of lot line adjustment. o To the extent that the lot line adjustment may not fully resolve the need for a Regulatory Permit, that application would be completed in concert, as necessary, and as impacted by the lot line adjustment. • Ms. Hazen expressed that the plan would be acceptable. Mike Maples, MD, CEO Community Health of Cenhal Washington Cc: Jake Jundt DOC. INDEX