HomeMy WebLinkAbout11/01/2022 11. Open record public hearing and Ordinance to consider the Hearing Examiner's recommendation regarding a right-of-way petition submitted by Columbus Cascade Company LLC to vacate 10 ft of public right of way at 609 South Front Street 51l
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 11.
For Meeting of: November 1, 2022
ITEM TITLE: Open record public hearing and Ordinance to consider the Hearing
Examiner's recommendation regarding a right-of-way petition
submitted by Columbus Cascade Company LLC to vacate 10 ft of
public right of way at 609 South Front Street
SUBMITTED BY: Joan Davenport,AICP, Community Development Director
Joseph Calhoun, Planning Manager
Albert Miller,Assistant Planner(509) 576-6772
SUMMARY EXPLANATION:
The Hearing Examiner held an open-record public hearing on September 8, 2022 and submitted
a recommendation of approval on September 22, 2022.
The complete hearing record was distributed to City Council in the agenda packet on October 18,
2022 and can be found online at:
https://www.yakimawa.gov/council/agendas-and-minutes/
To participate in this public hearing please refer to the Public Comment Guidelines at:
https://www.yakimawa.gov/council/public-comment/
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Neighborhood and Community Building
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Pass Ordinance
ATTACHMENTS:
Description Upload Date Type
(I C dinance 10/19/2022 Ordinance
2
ORDINANCE NO. 2022-
AN ORDINANCE relating to land use; vacating a portion of public right-of-way along S. Front
St., in the City of Yakima, Washington.
WHEREAS, by petition dated July 1, 2022 (Petition #22-07), Columbus Cascade
Company, LLC., 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 unpaved,
platted right-of-way; and
WHEREAS, Columbus Cascade Company, LLC., the applicant/petitioner for this right-of-
way vacation, own all parcels abutting the property subject to this petition for vacation; and
WHEREAS, on September 8, 2022, the Hearing Examiner for the City of Yakima
conducted an open-record public hearing regarding the requested right-of-way vacation; and
WHEREAS, on September 22, 2022, the Hearing Examiner issued his Recommendation
regarding RWV#002-22, (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 November 1, 2022, 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 (YMC Ch. 14.21), 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 not necessary for this right-of-way vacation due
to the City having not purchased, maintained, or made any improvements to the public right-of-
way, has no plans to do so, and has been a dedicated public right-of-way for at least five years,
in accordance with YMC § 14.21.070 (A) (4); 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 unimproved portion of street right-of-way under the existing building at
609 S. Front St., abutting parcels 191319-34413 and 191319-34414, more particularly described
in Exhibit"A", attached hereto and incorporated herein by this reference, is hereby vacated by the
City of Yakima.
3
Section 2. The findings, conclusions and conditions within the September 22, 2022
Hearing Examiner's Recommendation (RWV#002-22) 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 Columbus Cascade Company LLC. satisfaction of the following conditions, as
stated on page 8 of the Hearing Examiner's Recommendation:
A) The area within the vacated right-of-way shall be included within the Commercial
Mixed Use Comprehensive Plan designation and within the General Commercial
(GC) zoning district;
B) The vacated area shall belong to the abutting property owner Columbus Cascade
Company LLC.;
C) The legal description in the record for the area within the vacated right-of-way
which was provided by HLA Engineering & Land Surveying, Inc. is as follows:
That portion of the right-of-way for North Front Street as dedicated on the Plat of
North Yakima, now Yakima, as recorded in Volume "A" of Plats, page 10, and
rerecorded in Volume"E" of Plats, page 1, records of Yakima County, Washington,
described as follows:
The East 10.00 feet of said right-of-way lying adjacent to Lots 9 through 16, Block
17, of said Plat, as measured perpendicular to the west line of said lots.
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. The City Clerk is hereby
authorized and directed to file a certified copy of this ordinance with the Yakima County Auditor.
PASSED BY THE CITY COUNCIL, signed and approved this 1st day of November, 2022.
ATTEST: Janice Deccio, Mayor
Sonya Claar Tee, City Clerk
Publication Date:
Effective Date:
4
Exhibit A:
CITY OF YAKIMA
ODE ADWI N.DIVISI{ N;
JUL 1 3'2022
JULY 7,2022 0 E;ECVD FAXEDCI
HLA PROJECT:22090S PAID FYI ®,,
LEGAL DESCRIPTION OF RIGHT OF WAY TO BE VACATED
THAT PORTION OF THE RIGHT OF WAY FOR NORTH FRONT STREET AS
DEDICATED ON THE PLAT OF NORTH YAKIMA,NOW YAKIMA,AS RECORDED IN
VOLUME"A"OF PLAT, PAGE 10,AND RERECORDED IN VOLUME "E"OF PLATS,
PAGE 1,RECORDS OF YAKIMA COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS.
THE EAST 10.00.00 FEET OF SAID RIGHT OF WAY LYING ADJACENT TO LOTS 9
THROUGH 1 ,BLOCK 17, OF SAID PLAT,AS MEASURED PERPENDIIJLAR TO THE
WEST LINE OF SAID LOTS.
5
Exhibit B:
7r4-11,71
ecru
City of Yakima,Washington ,r; ,;11
Hearing Examiner's Reeo mendation
September 22,2022
In the Matter of an Application and
Petition for the Vacation of Street
Rightmf-Way Submitted by:
Columbus Cascade Company EEC ) RWV91002-22
For Vacation of a Portion of Unused
Street Right-of-Way 10 Feet in Width )
That is Located Beneath an Existing )
Building at 609 South Front Street
A. Introductory Findings. 1 he Hearing Examiner conducted ark open record public
bearing on September 8, 2022, pursuant to requisite notice of the datc. time and place,
findings relative to die public hearing for this application/petition for street right-oft
way vacation may be summarized as inflows:
(1) The detailed staff report which was prepared and presented by Assistant
Planner Albert Miller recommended approval of this requested right-of-way vacation
subject to mraditions,
(2) The Petitioner's representative for this matter, brie Herzog of LILA
Engineering & Land Surveying. Inca testified in favor of approval of this right-of-way
vacation and indicated that the right-of-way is the east 10 feet of an 80-footiwide street
right-of-way dedicated in an 1885 plat which is not used for the street and is located
beneath a building that is thought to have been built during or before the 1960s.
(3) No other testimony and no written comments were submitted regrading this
qraumbas Cascade CompaTy I LC
Vacation of Street Right-of-Way
Located at 609 South irrout Street
RWV#002-22
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right-of-way vacation request
(4) This recommendation to the Yakima City Council has been issued. within ten
business days of the open record public hearing,.
B. Recommendation. Based upon the following findings and Conclusions, the
Hearing Examiner recommends that the Yakima City Council approve the requested
vacation of unused street right-of-way located at 609 South Front Street,
C. Basis for the Findings, Conclusions and Recommendation. The following
Findings, Conclusions and Recommendation are based upon the Hearing Examinees
view of the site with no one else present on September 7, 2022; his consideration of the
staff report, exhibits. testimony and other evidence presented at an open record public
hearing on September 8, 2022; and his review of the criteria for vacation of street right-
of-way in Chapter 14.21 of the Yakima Municipal Code(YMC).
FINDINGS
L Th e Applicant, Petitioner and Property Owner. The applicant, petitioner and
property owner is Columbus Cascade Company ITC located at 300 Marconi Boulevard,
Suite 103,Columbus,Ohio 43215.
IL The Representative of the ApplicatiblIetitioner and Property Owner. The
representative of Columbus Cascade Company LLC for this matter is Eric Herzog of
Colutribus Cascade Company LLC 2
Vacation of Street Right-of-Way
Located at 609 South Front Street
RWV#002-22
7
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'IL)
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diLA EngineerMg & Land Surveying, Inc. located at 2803 River Road, Yakima,
Washington 98902.
III. Location. The location of the unused 10-foot-wide street right-of-way that is the
subject of this application/petition for vacation is along the east side of South Front Street
in the 600 block beneath the building at 609 South Front Street. dhe Calmly Assessor s
Tax Parcel Numbers are 191319-34413 and,34414.
IV. Application. The main aspects of this application/petition for vacation of street
right-of way are as follows:
(1) The Right-of Way Vacation application/petition was received by the City
Planning Division on July 13, 2022. It requests vacation of approximately 3,998 square
feet of unused and unimproved street right-of-way located in the 600 block of South
t'ront Street beneath the building at 609 South Front Street (Document Index C-1 of the
record).
(2)This application/petition is being processed under YMC Chapter 14.21 relative
to right-of-way vacations.Those provisions require a Hearing Examiner recommendation
to the City Council to be based on findings and conclusions pursuant to YMC Chapter
143,YMC Chapter 14.21 and RCW Chapter 35.79.
V. Notices. Notices of the September 8,2022,public hearing were provided as follows:
Mailing of notice to property owners within 300 feet: August 17,2022
Publishing of notice in the Yakima Herald-Republic: August 17,2022
Posting of notice in three public places: August 18,2022
Posting of notice on the only access point
the right-of-way frontage at 609 South Front Street: August 18,2022
col imbes Cascade Company LLC 3
Vacation of Street Right-of-Way
Located at 609 South Front Street
RWW1002-22
8
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VI. Environmental Review. Street right-of-way vacations are categorically exempt
from SEPA environmental review.
VII. Rightter-Way Vacation Findings. The Findings relative to the recom-
mendation to the Yakima City Council regarding this application/petition for vacation ol
a 10-foot-wide strip of unused street right-ol-way in the 600 block of South Front Street
are as follows:
(1) City Council Resolution: The Yakima City Council by Resolution No, R-
022-103 referred this street right-of-why vacation Petition No. 22-07 to the Hearing
Examiner to hold a public hearing on September 8, 2022. at 9:00 a.m. and to make a
recommendation to the City Council regarding the petition. The petition was signed by a
representative of Columbus Cascade Company LLC which owns 100%of the contiguous
private property. This recommendation has been issued and delivered to the City
Planning Division within 10 business days of the hearing.
(2) Healing 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 YMC §1.41.080(I1) and YMC Chapter 14.21 which provide that the
Hearing Examiner shall make a recommendation regarding such petitions to the Yakima
City Council,
(3) Urban Area Zoning Ordinance: Street rights-of-way arc not technically within
any zoning classification. However, upon vacation they acquire the same zoning that is
applicable to the contiguous property. In this case, the contiguous property is zoned
General Commercial (GC).
(4) Yakima Comprehensive Plan 2040) Street rights-of-way likewise do not have
an underlying Comprehensive Plan designation. But upon vacation the vacated area is
likewise designated the same as the contiguous property. In this situation, the vacated
right-of-way area would have a Comprehensive Plan Future Land Use Map designation
of Commercial Mixed Use.
Bohan has Cascade Camystny I I 1 4
Vacation of Street Right-of Way
Located at 609 South Front Street
RWV#002-22
9
r.771
(5) Revised Code of Washington (RCW) Chapter 35.79: This chapter of state law
prescribes the state's requirements for the process of Vacating street right-of-way, All
requirements of this chapter that can he accomplished prior to the public hearing have
been fulfilled, State law provides that the property within the limits to he 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). This petition presents an
exception because one side of the right-of-way area proposed for vacation is right-of-way
for South Front Street. The entire area to he vacated in this situation would belong to
Columbus Cascade Company FtC because it owns the only property contiguous to the
public right-of-way which is not itself public right-of-way,
(6)Public Use of Thc Ri ht-of-Wa The subject portion of the right-of-way to he
vacated is completely unimproved. South Front Street is fully improved in this location
and no curb, gutter or asphalt arc located on this portion of right-of-way which is beneath
an existing building believed to have been constructed in or before the 1960s,
(7) Criteria #1 for Vacation of Right-of-Way (YMC §14.21.050(A)(I)): What is
the public benefit,reason for, and limitations of the proposed right-of-way vacation? The
right-of-way proposed for vacation is limited to approximately 3,998 square feet. Since it
is currently located beneath an existing building on the east side of South Front Street, the
City would be relieved of the responsibility to maintain right-of-way that is not needed
and cannot as a practical matter be maintained in any event. 'Me property owner would
benefit by being relieved of any possible consequences of encroaching upon a public
street right-of-way, The requested right-of-way vacation would he limited to a 10-foot-
wide strip within the 600 block of South Front Street which consists of about 3,998
square feet. Since the subject area is unimproved and thc City has no plans to ever
improve or use this area, this portion of right-of-way can best be used as part of the
adjacent private property.
(8) Criteria #2 for Vacation of Right-of-Way CYNIC §14.21,050(A)(2)): Does the
vacation den an ro sole access to a Wilk street? This right-of-way vacation
would not deny any property access to a public street.
(9) Criteria #3 for Vacation of Ri ht-of-Wa C '14.21.050 A 3 : Is_the
proposal consistent with existing plans of the City such as the Six-Year Transportation
Improvement Plan, the Urban Area ComprellerOyt; Plan or other official City plans and
policies? The City's current Six-Year Transportation Improvement Plan (TIP) does not
Columbus Cascade Company I.A.,C 5
Vacation of Street Right-of Way
Located at 609 South Front Street
RWVP002-22
10
include any planned improvements to the right-of-way that is proposed for vacation.Nor
would approval of the right-of-way vacation be inconsistent with the Comprehensive
Plan or any other official City plans and policies.
(10) Criteria f14 for Vacation of Right-of-Was (YMC §14.21,050(A)(4)): is the
vacation request appropriate with existing and anticipated development in the area, based
on zoning, current use and long,rangLplans? There is no anticipated development that
would be adversely affected by approval of this requested right-of-way vacation. To the
contrary,the vacated right-of-way area would continue to he used in conjunction with the
current commercial use of abutting property in the General Commercial ((IC) zone. Use
of the vacated area as part of the existing commercial use where it is located would be
appropriate based on the current General Commercial ((IC) zoning of the property and
the lack of any long range plans for public use of the area proposed for vacation.
(11)Criteria#5 for Vacation of Right-of-Way (YMC §14.21,050(A)(5)):Arc there
any public or franchised utilities in the right-of-way to he vacated and if so,will the, be
relocated? There arc no public utilities within the right-of-way proposed to be vacated.
No evidence of private utilities in that area was presented.
(12) Criteria #6 for Vacation of Right-of-Way (YMC §14.21.070(A)(4)): Whether
compensation should he required in return for vacation of the ri ht-of-wa ? YMC
§14.21.070(A)(4) provides: "No compensation may be required if' the city has not
purchased, maintained, or made any improvements to the public right-of-way, there is no
planned or anticipated public purpose existing for maintaining the public right-of-way as
determined by the planning commission or development services team (DST), and the
public right-of-way has been a dedicated right-of-way in the city for at least five years."
The City has not purchased, maintained or improved the area proposed for right-of-way
vacation, No City divisions in the Development Services Team indicated that
improvements are planned for the right-of-way area proposed for vacation or that any
anticipated public purposes exist for maintaining that portion of the right-of-way. The
area of right-of-way proposed for vacation has been a dedicated right-of-way in the City
for longer than five years since it was dedicated to the City by the Plat of the Town of
North Yakima recorded on February 4, 1885. Therefore, compensation to the City for the
right-of-way area proposed for vacation of this unused 10-foot-wide strip of street right-
of-way consisting of about 3,998 square feet is not required by the criteria in YMC
§14.21,070(A)(4).
Columbus Cascade Company LLC 6
Vacation of Street Right-of-Way
Located at 609 South Front Street
RWVN002-22
.-rrf-'1•'="7,"
11
=
CONCLUSIONS
The Conclusions relative to the recommendation to the Yakima City Council regarding
the requested right-of-way vacation are as follows:
(I) Petition signatures for this requested vacation of right-of way were obtained
from the necessary two-thirds of the property owners fronting this area proposed for
right-of-way vacation because the applicant/petitioner/property owner Columbus Cascade
Company LLC owns 100% of the property abutting this public right-of-way that is not
also public right-of-way on all other sides.
(2) The area of the right-of-way proposed for vacation is a 10-foot-wide
contiguous portion of South Front Street,
(3)If this requested vacation of right-of-way is approved,the vacated right-of-way
will be zoned the same as the contiguous private property which is General Commercial
(GC),
(4) Approval of the requested right-of-way vacation would not cause any
properties to be denied sole access to the public street system.
(5)The petition Cr vacation of this public right-of way does not conflict with any
planned street improvement projects or other plans or projects of the City of Yakima.
(6) Approval of the requested right-of-way vacation is benefit the City by
relieving it of future maintenance responsibilities for an area which is not needed for any
public purpose and is a segment of street right-of-way that cannot in any event as a
practical matter be maintained since it is beneath an existing building.
(7) All necessary requirements for the vacation of street right-of-way prescribed
by RCW Chapter 35.79 and YMC Chapter 14,21 are satisfied.
(8) YMC 814,21.070(A)(4)provides that compensation to the City is not required
for the vacation of this street right-of-way area.
Columbus Cascade Company 1,1,C 7
Vacation of Street Right-of-Way
Located at 609 South Front Street
RWV#002-22
1 2
RECOMMENDATION
The Hearing Examiner recommends to the Yakima City Council that this petition
for vacation of a 10-foot-wide strip of unused street right-of-way in the 600 block of
South Front Street which consists of approximately 3,998 square feet of right-of-way
adjacent to property owned by Columbus Cascade Company LLC be APPROVED
subject to the following conditions:
(I) The area within the vacated right-of-way shall be included within the
Commercial Mixed Use Comprehensive Plan designation and within the General
Commercial(GC)zoning district.
(2) The vacated area shall belong to the abutting property owner Columbus
Cascade Company LLC,
(3) fhe legal description in the record for the area within the vacated right-of way
which was provided by HI A Engineering&Land Surveying, Inc.is as follows:
That portion of the right-of-way for North Front Street as dedicated on the Plat of
North Yakima, now Yakima, as recorded in Volume "A" of Plats, page 10, and
rerecorded in Volume "E" of Plats, page 1, records of Yakima County,
Washington,described as follows:
The East 10.00 feet of said right-of-way lying adjacent to Lots 9 through 16,Block
17,of said Plat,as measured perpendicular to the west line of said lots.
DATED this 22nd day of September,2022,
Gary Cui Her, Hearing Examiner
Columbus cascade Company LLC 8
Vacation of Street Right-of-Way
Located at 609 South Front Street
RWV#002-22