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HomeMy WebLinkAboutR-1990-D5721 West “A” Street• • • • 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,`