HomeMy WebLinkAboutR-1990-D5721 West “A” Street•
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RESOLUTION NO.
D5721
A RESOLUTION denying a request to vacate a portion of West "A"
Street in the vicinity of North 10th Avenue.
WHEREAS, on October 9, 1989, Shannon M. Smith on behalf
of North 10th Avenue properties filed an application re-
questing the vacation of a portion of West "A" Street in the
vicinity of North 10th Avenue, and
WHEREAS, after appropriate notices were given, a public
hearing was held before the Hearing Examiner on January 3,
1990, and a public meeting was held before the City Council on
March 13, 1990, and
WHEREAS, at said public meeting, members of the Council
heard presentations by proponents and opponents of the pro-
posed vacation, members of City staff, and accepted written
arguments of opponents of the proposed vacation, now, there-
fore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The request for vacation of a portion of West "A" Street
between 10th Avenue and the alley between 10th and llth Ave-
nues is hereby denied and the Council adopts that portion of
the Hearing Examiner's recommendation for denial found in the
Examiner's recommendation, City No. UAZO R/W VAC #7-89, Exami-
ner No. 89-8-71, a true of which is attached hereto and incor-
porated herein by reference.
ADOPTED BY THE CITY COUNCIL this C) day of
1990.
ATTEST.
City Clerk
(res/smith)
Mayor
In Re Application by
NORTH 10TH AVENUE PROPERTIES,
ET AL.,
for Vacation of West "A"
Street Between 10th Avenue
West to the Alley Between
10th and llth Avenues.
EXAMINER'S RECOMMENDATION
City No. UAZO R/W VAC #7-89
Examiner No. 89-8-71
Abutting property owners have petitioned for vacation of
right-of-way currently used as a public street. A public hearing
was conducted on January 3, 1990. The staff report presented by
Mr. John Elsden recommended approval of the vacation. The Examiner
inspected the property both before and after the public hearing.
SUMMARY OB RECOMMENDATION. The vacation should be denied,
primarily because it is premature. Granting the vacation would
direct more traffic from an alley directly onto an arterial, would
encourage a difficult left turn onto an arterial within a block of
a traffic signal, would discourage flexibility by eliminating an
alternate route, and would encourage use of unsignalized rather
than signalized intersections. Any public use to be served by this
proposed vacation does not clearly override these general
principles.
From the view of the site, the matters contained in the
official record including the Staff Report, a review of both the
Yakima Urban Area Comprehensive Plan and the Yakima Urban Area
Zoning Ordinance, and from evidence received at the hearing, the
Examiner makes the following:
FINDINGS
1. Application. This petition to vacate right-of-way is
signed by Shannon Smith for North 10th Avenue Properties, the
entity which owns the property in which the Smith -Day accounting
EXAMINER'S RECOMMENDATION - 1
HEARING EXAMINER
FOR THE
CITY AND COUNTY NNTY OF YAK`
POST OFFICE BOX 4
YAKMA. WASHINGTON 96s
I$09) 24S-0706
firm is located. The petition is also signed by seven other
individuals, consisting of an attorney and six dentists with
offices on North 11th Avenue. The petition is signed by the owners
of the
__a___�.® property sh»4�-4 tin �JOat N8N
of more than two-thirds the private ab..,.tng We..
Street between 10th Avenue west to the alley between 10th and 11th
Avenues.
2. Location. The proposed vacation involves a half block of
West "A" Street, starting at North 10th Avenue and going west one-
half block to the alley between North 10th and North i tom= Avenues.
"Aon Street runs east and west and is bordered on the north by a
small triangular park called Summitview Park which in turn is
on the
north by eeeeitvlew Avenue.
bordered Street is bordered on the south, east of the alley, by the
Smith -Day accounting firm and related property. West of the alley,
Mese,
_ _ 2 .- which .L LLQ
south of "A" Street, is the Valley Dental 'ruse, in whic�a he
dentists who signed the petition are located.
Scarborough Fair, consisting of shops, a grocery store, and
the seafood deli, is located on the south side of 10th Avenue.
"A" Street is one block south of and basically parallels
Summitview between North 10th and North 16th Avenues.
3. ±eat Des: i• Mr. Smith wants to develop a
business -park like atmosphere by vacating "A" Street, deeding the
ground back to the City, tearing out the street, and incorporating
the street into Summitview Park. Mr. Smith's generalized future
development plans contemplate building a two- or three-story
building on the property line, tying in with the existing
accounting firm building. The new structure probably would have a
parking garage as part of the first floor, accessed from 10th
Avenus, with possibly a deck off the alley for additional parking.
Given the relatively steep slope, sloping up from 10th west to the
alley, there might be two stories of parking with a third story for
offices. These plans are tentative and there is no definite
timetable.
In order to meet fire code regulations limiting windows on
walls built on property lines, Mr. Smith would want the City tc
EXAMINER'S RECOMMENDATION - 2
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAK
POST OFFICE BOX 4
YAKIMA. WASHINGTON ge
burden the street with a restrictive covenant that no structures
would ever be placed on the strip of ground 20 feet wide parallel
to the property line. He could then put windows in and enjoy the
view to the north. Some of the dentists in the Valley Dental Plaza
across the alley are interested in being Mr. Smith's tenants.
A sidewalk would be installed along the edge of the building,
on about the south edge of the current right-of-way line, with
steps where appropriate up to the alley. New curb, gutter, and
sidewalk would be installed on the west side of 10th Street
connecting to the existing curb, gutter, and sidewalk in Summitview
Park. These improvements would be made at the applicant's expense,
including the extension of the existing underground sprinkler
system serving the park.
4. Zoning. This portion of West "A" Street is currently
zoned Multi -Family Residential (R-3) north of the center line of
the right-of-way, and Central Business
south of the center of the right-of-way.
the following characteristics:
Location
North
East (across S. 10th Ave.)
South
West (across S. llth Ave.)
S. Character of Areq. The block
District Support (CBDS)
Adjacent properties have
Zoning
R-3
CBDS
CBDS
CBDS/R-3
bounded by "A" Street on
the north, Yakima Avenue on the south, and between 10th and llth on
the east and west, is predominantly business -oriented. Several
lots on the southwest corner are vacant and fenced, pending
commercial -type development. A couple of private residences remain
on the block, but the trend clearly indicates that they will be
phased out and the block will be more intensively developed for a
variety of office uses.
The block is bisected by a north/south alley which in some
places is one-way because of the location of utility poles. Most
of the parking for employees of the various businesses is off the
alley. Twelve diagonal parking spaces are located on the west end
of "A" Street, next to the dental plaza. They are accessed from
EXAMINER'S RECOMMENDATION - 3
HEARING EXAMINER
FOR THE
CfTY AND COUNTY OF YAKW
POST OFFICE BOX 4
YAKMA, WASHINGTON 9B6+1
(509) 248.0706
North llth and when they exit either go east on "A" Street to the
stop sign on 10th, or cut south through the alley and exit onto
Yakima Avenue. More than 100 parking spaces are served by the
alley.
"A" Street terminates on 10th just south of the intersection
of 10th and Summitview. North bound cars on 10th stopped at the
10th and Summitview intersection block left turns off of "A" onto
10th if more than two or three cars are backed up at the 10th and
Summitview stop sign.
This intersection is slated for a traffic:
signal, with construction due to begin this month.
North of Summitview, 10th Street becomes Custer, and continues
north to Lincoln. Two blocks of Custer are relatively narrow, and
there is some discussion that in the future that section of Custer
will be widened. The probability is that 10th will become busier
once it effectively links Yakima Avenue, Summitview and Lincoln.
The cars parked in the alley behind the accounting firm and
the dental offices can now exit south to Yakima Avenue, entering
that arterial from the alley. They can also exit to the north onto
"A" Street and then go either east or west. If they exit on "A"
Street to the west and then to llth, they can turn onto Summitview
at llth and Summitview. That intersection is very difficult for a
left turn because of a slight bend in Summitview and the location
of an apartment building and utility pole on the west side of llth
at the corner.
6. Traffic Circulation. A dentist and two accountants with
offices on the block object to the vacation because it will limit
flexibility and in effect turn the rest of "A" Street from filth
east to the alley into an alley, forcing all of the traffic that
now parks on "A" Street into the alley and out onto Yakima Avenue.
Three people who live west of llth in the vicinity of "A"
Street were at the hearing. They expressed concern about the
already high level of car fumes and the fact that too much on -
street parking is taken up by businesses in the area. The primary
point was that "A" Street apparently serves as an alternative to
Summitview for residents between llth and 16th. "A" Street is
EXAMINER'S RECOMMENDATION - 4
HEARING EXAMINER
FOR THE
CRY AND COUNTY OF TAX 0,
POST OFFICE BOX 4
VAKMA. WASHwGTON 989-
unfettered with stop signs and lets people go east into the
shopping center at Scarborough Fair without getting on the
arterials.
Based on a thorough review of the area, closing this portion
of "A" Street will create at best a minor inconvenience for
residents in the area. The primary issue is determining what
impact this will have on the Yakima and Summitview arterials and
the office traffic.
The purpose of arterials is to move traffic smoothly across
town, with minimal but predictable interruptions from inter-
sections. Closing "A" Street means that most of the alley traffic
will probably be funneled directly from the alley onto Yakima
Avenue. As a general rule it is not good to funnel alley traffic
directly onto an arterial. It is better to funnel it onto a
collector street and from there to an arterial. Encouraging use of
an alley creates more conflict points. Drivers typically expect
some traffic from street intersections, but are less likely to
anticipate significant alley traffic.
Closing "A" Street will funnel the rest of the alley traffic,
which does not exit onto Yakima, onto llth. Any traffic attempting
to make a left turn from llth onto Summitview will have difficulty
because of the short sight distance. Again, drivers on Summitview
will be anticipating the new signal at 10th, and are not likely to
be as aware of traffic coming out at llth. Given the probability
that this block will generate more office -related traffic in the
future, it would be preferable to direct that traffic to a
signalized intersection.
Closing "A" Street does have the advantage of eliminating the
conflict with, and the short storage capability, at 10th and
Summitview. Since no traffic study has been done it is difficult
to anticipate what sort of delays might be encountered if "A"
Street remains open. Even if there is a delay turning left onto
10th, right turns will still be relatively easy, allowing access to
Yakima Avenue from the street rather than an alley.
If "A" Street were located another hundred feet south, away
EXAMINER'S RECOMMENDATION - 5
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAK/
POST OFFICE BOX 4
YAKMA. WASHINGTON 98£
(509) 248-0708
0
from cimmitview, there would be less potential for traffic
`,. kc..p "A" Street nnan_ A, pramir.al: if
conflicts and worts a8
."5�daa , rsccg. c --- - -- -----
not legal, substitute to "A" Street exists right now, since the
.counting firr'a parking lot has a connection from the alley to
10th Street. That connection may not always be there, however, and
in any event it is not a public right-of-way.
There is no significant public use served by this street
vacation. The request is made at a time when it is difficult to
_ _ ,. _t the impact the intersection at 10th and Summitview of a
predict the impact on intersection - - - -
new traffic signal. After that signal is installed it should be
easier to predict the impact of closing "A" Street.
Public right-of-way is precious, and closing streets should be
undertaken with great caution. At this point it is probable that
closing the street will force more traffic from an alley onto an
Yakima i s also probable that it will force
arterial, znx,�ana Avenue. It is also r ---------
more traffic into making a left turn from llth west onto
Slimmitview, a poorly designed intersection. Closing this portion
of "A" Street will also mean that the new traffic signal will not
serve much of the current and increasing traffic generated by the
businesses on this block.
Without a traffic study and without a handle on how the new
traffic signal will impact 10th and summitview, it is premature to
close the street. At some future time more specific development
plans might also be available which would provide a chance for
better analysis. It does not appear that vacating this street is
necessary for Mr. Smith's future development of his property, even
though it clearly would make the property more park -like in
atmosphere. Whether or not there is a private benefit to the
vacation, it is clear that the public use is detrimentally impacted
by considering a vacation at this time.
7. City Criteria. The City's policy and guidelines for
consideration of right-of-way vacations is set forth and analyzed
below.
7.1 The petition must explain the public benefits/ the
reasons for, and the limits of the vacation.
EXAMINER'S RECOMMENDATION - 6
HEARING EXAMINER
FOR THE
CRY AND COUNTY OF YAXIM
POST OFFICE BOX 4
VAX IAA. WASHINGTON 989C
(509)248-0708
3. However, if the Council does find the public use served
by vacating the street, then the vacation should be subject to the
following conditions:
A. The applicant shall be responsible for removing all
asphalt, curb and gutter along the vacated portion of "A"
Street, along with installation of landscaping
improvements including irrigation, with plans to be
approved by the Yakima Parks Department.
B. Sidewalk, curb and gutter shall be installed at West "A"
Street and 10th Avenue, connecting the existing sidewalk
on Summitview Park at the intersection of 10th and
Summitview.
C. A curb shall be installed at the western edge of the
vacated right-of-way, with radius and construction plans
approved by the City Engineering Division.
D. Drainage plans shall be developed for the project,
submitted to and approved by the City Engineering
Division.
E. Pavers of surface and design to be installed at the
entrance to West "A" Street from North llth Avenue at the
applicant's expense, to be approved by the City Traffic
Division along with any required signage.
7. Any necessary easements shall be provided in conjunction
with plans submitted for future construction near vacated
portion of "A" Street.
G. A new sidewalk shall be constructed on the south property
line of the vacated street, connecting the alley to loth
Avenue.
H. All abutting landowners shall execute a quitclaim deed to
the City of the vacated portion of "A" Street.
I. No compensation shall be required to be paid to the City.
Based upon the foregoing Findings and Conclusions, the
Examiner submits to the Yakima City Council the following:
EXAMINER'S RECOMMENDATION - 9
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKMW
POST OFFICE BOX 4
RECOMMENDATION
Deny this vacation.
DATED this 1ra day of February, 1999.
PHILIP A. LAMB
Hearing Examiner
EXAMINER'S RECOMMENDATION - 10
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF Y X
POST OFFICE BOX 4
YA.K MA, WASHINGTON 989
,r not 4o-n7ns
This is described above.
7.2 The vacation cannot deny sole a4Dees to anv
property.
No property is denied sole access as a result of this
request.
7.3 Vacations should be consistent with the Biz -Year
Transportation Improvement Plan. the Urban Area Comprehensive
plan. and other official citv dans and policies.
The Six -Year Plan does not deal with this portion of "A"
Street. The improvement of 10th and Summitview has already
been discussed. Other than the traffic concerns already
detailed, this project is consistent with the comprehensive
plan and the Urban Area Zoning Ordinance.
At the Design Review Team meeting, Traffic Division
wanted a cul-de-sac where "A' Street meets the alley to
provide for a turn -around. The developer alternatively
proposed installing a special type of paver at the entrance on
llth to the portion of "A" Street not being vacated. Traffic
Division thinks that would be appropriate, since installation
of a unique paver at the entrance would indicate to motorists
that this was an entrance to something other than an ordinary
local access street.
7.4 Vacations should be appropriate with existing and
anticipated development in the area based up-. zoning.
current use and long-range plans.
As detailed above, the vacation is not appropriate at
this time because of the impact upon traffic flows, the
unknown impact of the new traffic signal at 10th and
Summitview, and the unknown impact of future development on
the block.
7.5 Existing utilities in the _right-of-way should be
relocated at developer expense or a new easement provided.
A sanitary sewer line runs east/west near the north edge
of the right-of-way of West "A" Street. U.S. West will
require an easement for telephone facilities, the location of
EXAMINER'S RECOMMENDATION - 7
HEARING EXAMINER
FOR THE
CRY AND COUNTY OF YAKIMA
POST OFFICE SOX 4
YAKIMA. WASHINGTON 9890`
which should be determined prior to approval of a building
permit. These
granted.
a. Compensation. City policy requires payment of one-half
of the appraised value. In this instance the applicant has
indicated the vacated •ro•ert will revert to the City and
therefore a fair market pRpraisalins floc reQuired. 'he deva oper
has indicated he would •a for the cost of removing the street and--
replacing
niieplac;ng curb, gutter and sidewalk, together with extension of the
irrigation system in Summitview Park.
Adjoining properties apparently have an average value of
approximately $4.11 per square foot, placing an estimated value of
$13,152.00 on this portion of "A" Street. This is based on 3,200
square feet.
.. Environmental. Review (SEPA). Vacations of streets are
categorically exempt from SEPA review.
1e, Public Notice. Public notice for this application was
provided in the following manner:
a+e,toc narl
All be resolved if the vacation is
December 13,
D cn7nber 1i
-,
December 7,
December 22,
December 22,
1989 - Posting of property.
1989 - City Council set date of hearing.
1989 - Notice posted in three public places.
1989 - Property owners within 300 feet notified.
1989 = Legal ad published in newspaper.
From the foregoing Findings, the Examiner makes the following:
C0NCLUSIONS
1. The Examiner has jurisdiction.
2. For the reasons stated herein, the vacation should not be
granted. The existing public use served by the right-of-way
reasonably overbalances any public use or benefit gained by its
vacation. Granting the vacation would direct more traffic from an
alley directly onto an arterial, would encourage a difficult left
turn onto an arterial within a block of a traffic signal, would
discourage flexibility by eliminating an alternate route, and would
encourage use of unsignalized rather than signalized intersections.
Any public use to be served by this proposed vacation does not
clearly override these general principles.
EXAMINER'S RECOMMENDATION - 8
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKNA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(309) 248-070,`