HomeMy WebLinkAbout02/24/2009 20 Right-of-Way Vacations (2) Vicinity of Naches Avenue, Lasalle Street, Rainer Street; Noel Properties, LLC • BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of: February 24, 2009
ITEM TITLE: An Ordinance relating to land use; vacating certain portions of street right -of -way
identified as 1) a platted alley located west of Naches Avenue between LaSalle Street and south
of Rainier Street and 2) an undeveloped portion of LaSalle Street west of Naches Avenue
SUBMITTED BY: William R. Cook, Director of Community & Economic Development
CONTACT PERSON /TELEPHONE: Bruce Benson, Supervising Planner 575 -6042
SUMMARY EXPLANATION: On February 3, 2009, City Council approved the right -of -way
vacation petition requested by Noel Properties, LLC, of two portions of public rights -of -way more
0 particularly described in Exhibit "A:, and further directed staff to prepare the Vacation
Ordinance. The Ordinance has been prepared and is herein submitted for your adoption.
Resolution Ordinance X Contract _Other Specify)
Funding Source N/A
APPROVED FOR SUBMITTAL: 1 - = ,
Ah f City Manager
STAFF RECOMMENDATION: Adopt the ordinance vacating that portion of public alley right -of-
way located west of Naches Avenue between LaSalle Street and south of Rainier Street. And,
vacate the undeveloped portion of LaSalle Street west of Naches Avenue
BOARD /COMMISSION RECOMMENDATION: The City of Yakima Hearing Examiner
recommended approval of this right -of -way vacation on December 31, 2008.
COUNCIL ACTION:
0
ORDINANCE NO. 2008
AN ORDINANCE relating to land use; vacating a certain portion of street right -of -way
identified as 1) a platted alley located west of Naches Avenue between
LaSalle Street and south of Rainier Street and 2) an undeveloped portion
of LaSalle Street west of Naches Avenue
WHEREAS, by application dated October 17, 2008, Noel Properties, LLC, requested a
vacation of a portion of two undeveloped platted City of Yakima right -of- ways, each of which is
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 these
undeveloped platted rights -of -way; and
WHEREAS, the petition for vacation contains the signatures . of all property owners
abutting the property subject to this vacation; and
WHEREAS, on December 17, 2008, the Hearing Examiner for the City of Yakima
an open-record public hearing regarding the requested right-of-way vacation; and
conducted p p g r g g q g y vacation;
WHEREAS, on December 31, 2008, the Hearing Examiner issued Hearing Examiner's
Recommendation regarding UAZO R/W VAC #4 -08, (the "recommendation ") recommending
that the undeveloped platted right -of -way be vacated, said recommendation is attached hereto
and incorporated herein by this reference as Exhibit "B "; and
WHEREAS, at an open record public hearing held on February 3, 2009, 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's street vacation policy, are correct and appropriate, and that the same should be
adopted by the City Council as its findings herein; and
WHEREAS, no compensation to the City is necessary for this right -of -way vacation
0
because the City has neither purchased, maintained nor improved the portion of the
undeveloped platted alley and street right -of -way proposed for vacation; 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. A portion of the undeveloped platted public right -of -way particularly
described in Exhibit "A ", and 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 December 31, 2008,
Hearing Examiner's Recommendation (UAZO R/W VAC#4 -08) regarding this right -of -way
vacation are hereby adopted by the City Council as its findings, conclusions and conditions in
support thereof, pursuant to City vacation policy and RCW Chapter 35.79, and are incorporated
herein by this reference as if fully set forth herein.
411
Section 3. The right -of -way vacations granted by this ordinance are expressly
conditioned on Noel Properties, LLC satisfying the following conditions, as stated on page 8 of
the Hearing Examiner's Recommendation:
a. A 16- foot -wide easement for utilities shall be reserved and centered over the existing
sewer main to allow for maintenance of that sewer main. No buildings shall be
constructed over the easement. Any relocation of utilities will be at the developer's
expense.
b. Upon vacation, the vacated property shall belong to the abutting parcels, one half to
each as provided by RCW 35.79.040.
c. Upon vacation, the vacated property shall be zoned Light Industrial (M-1) , except
the east half of the alley right -of -way abutting the three parcels zoned Two - Family
Residential shall be zoned Two- Family Residential (R -2).
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.
III
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.
PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this
24th day of February, 2009
David Edier, Mayor
ATTEST:
City Clerk
Publication Date: Effective Date:
EXHIBIT "A"
Legal Description
That portion of the 10 foot wide alley on the west side of Bloc "G" of South Park Addition
to North Yakima W.T. ('now Yakima, Washington) as recorded in Volume "B" of Plats,
page 2, records of Yakima County, Washington, from the south line of Lot 1 to a point 25
feet North of the South line of Lot 6 thereof. And, that portion of LaSalle Street lying
between Lot 1, Block "G" and Lot 8, Block "J" of South Park Addition to North Yakima
W.T. (now Yakima, Washington) as recorded in Volume "B" of Plats, page 2, records of
Yakima County Washington, AND extending to the West line of said Plat.
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City of Yakima, Washington
Hearing Examiner's Recommendation
December 31, 2008
In the Matter of a Petition for Vacation
Of Public Rights -of -Way Submitted by: ) UAZO R/W VAC # 4 -08
) Petition # 08 -09
Noel Properties, LLC
)
To Vacate Street and Alley Rights-of-Way )
In the Vicinity of 1014 South Naches Avenue )
iik
lir
Introduction. The chronology of the hearing process relative to this request to vacate
two portions of public rights -of -way can be summarized as follows:
1) The Hearing Examiner conducted a hearing on December 17, 2008. Assistant
Planner Alice Klein presented her staff report favoring the ' requested right -of -way
vacation. The applicant's representative, attorney Bryan Myre, testified in favor of the
request. No one testified or submitted written comments in opposition to this petition for
vacation of these public rights -of -way.
2) This right -of -way vacation recommendation has been submitted within ten
business days of the hearing.
Summary of Recommendation. The Hearing Examiner recommends that the . City
Council approve this request to vacate certain public rights -of -way subject to conditions.
0 Noel Properties, LLC 1
Vacation of Street/Alley Rights -of -Way
In Vicinity of 1014 South Naches Avenue
R/W Vac #4-08; Petition #08 -09
Basis for Recommendation.
Based upon a view of the site without anyone else
present on December 16, 2008; the staff report, exhibits, testimony and evidence
presented at an, open record public hearing on December 17, 2008; and a review of the
Yakima Urban Area Comprehensive Plan, the Yakima Urban Area Zoning Ordinance,
Chapter 35.79 of the Revised Code of Washington and the City of Yakima's street
vacation policies; the Hearing Examiner makes the following:
FINDINGS
I. Petitioner /Property Owner. The petitioner /property owner is Noel Properties,
LLC, 1001 South 1 Street, Yakima, Washington.
IL Representatives of Petitioner /Property Owner. Justin Noel signed the petition
and application on behalf of Noel Properties, LLC, and Bryan Myre testified at the
hearing on behalf of Noel Properties, LLC.
IIh Location. The rights -of -way involved in this request are in the following
locations:
(1) The first requested vacation area is an unimproved platted north/south 10 -foot-
wide alley right -of -way about 275 feet long located west of South Naches Avenue
between Rainier Street on the north and LaSalle Street on the south. Assessor's tax
parcel numbers 191330- 12482, 12432, 12431, 12430 and 12429 abut the alley right-of-
way on the east and Assessor's tax parcel number 191330 -12005 abuts the alley right-of-
way on the west.
Noel Properties, LLC 2
Vacation of Street/Alley Rights -of -Way
In Vicinity of 1014 South Naches Avenue
R/W Vac #4-08; Petition #08 -09
0
(2) The second requested vacation area is the unimproved eastlwest dead-
end portion of LaSalle Street west of South Naches Avenue. This 60- foot -wide street
right-of-way is about 133 feet long. Assessor's tax parcel number 191330 -12429 abuts
the street right -of -way on the north, Assessor's tax parcel number 191330 -12464 abuts it
on the south, Assessor's tax parcel numbers 191330- 12005 and 12014 abut it on the west
and South Naches Avenue abuts it on the east. .
IV. Legal Description. The legal descriptions of the rights -of -way involved in
this request are:
(1) The 10 foot alley on the West side of Block "G" of SOUTH PARK
ADDITION to NORTH YAKIMA W.T. (now Yakima, Washington) as recorded in
Volume "B" of Plats, page 2, records of Yakima County, Washington, from the South
line of Lot 1 to a point 25 feet North of the South line of Lot 6 thereof
(2) That portion of LaSalle Street lying between Lot 1, Block "G" and Lot 8,
• Block "J" of SOUTH PARK ADDITION to NORTH YAKIMA W.T. (now Yakima,
Washington) as recorded in Volume `B" of Plats, page 2, records of Yakima County,
Washington; AND extending to the West line of said Plat.
V. Notices. The Yakima City Council set December .17, 2008, as the date for the public
hearing regarding this request for vacation of rights -of -way. That date was established by
Resolution No. R -2008 -159 which was adopted on November 18, 2008, in accordance
with RCW 35.79.010. Notice of the 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:
Posting of notice on the property: November 13,, 2008
Posting of notice in three public places: November 20, 2008
Publishing of notice in newspaper: November 20, 2008
Mailing of notice to property owners within 500 feet: November 20, 2008
Noel Properties, LLC 3
ill Vacation of Street/Alley Rights -of -Way
In Vicinity of 1014 South Naches Avenue
R/W Vac #4 -08; Petition #08 -09
0
VI. Environmental Review. Street/alley vacations are categorically exempt from
SEPA review in accordance with WAC 197- 11- 800(2)(h) and Chapter 6.88 of the
Yakima Municipal Code.
VII. Transportation Capacity Management Ordinance. This request is an
exempt activity under the Transportation Capacity Management Ordinance.
VIII. Background. On October 17, 2008, the City Department of Community and
Economic Development received this petition to vacate two portions of platted rights -of-
way. Public records indicate that the rights -of -way proposed for vacation were dedicated
to the City in October, 1888 by the South Park Addition to North Yakima W.T. The
abutting properties located north, south, east and west of the rights -of -way proposed for
vacation had alleys that were previously vacated. Surrounding properties prevent any
future extension of the alley or street. The petition contains the requisite signatures of
two- thirds of the abutting property owners since petitioner Noel Properties, LLC owns all
the abutting parcels.
IX. Zoning and Land Use. The property on both sides of the portion of the alley
right -of -way to be vacated is zoned Light Industrial (M-1) except for three parcels on the
east that are zoned Two - Family Residential (R -2). Comprehensive Plan amendment and
rezone processes will be required for those parcels to have M -1 zoning for commercial
uses. The rights -of -way to be vacated and the parcels abutting them are all vacant except
for the petitioner's parcels containing commercial uses to the west.
Noel Properties, LLC 4
Vacation of Street/Alley Rights -of -Way
411
In Vicinity of 1014 South Naches Avenue
RNV Vac #4 -08; Petition #08 -09
•
X. Development Services Team. A Development Services Team meeting was held
on November 12, 2008, to discuss the possible impacts of approving the requested right-
of-way
vacation. The following comments were received:
(1) Wastewater: A City sewer main runs though the existing alley and dead -end street.
In exchange for the vacation of the alley and street right -of -way, a sixteen foot public utility
easement shall be reserved and centered over the utility line(s) to allow access to the sewer lines,
manholes and clean - outs. A proper surface to accommodate vehicles shall be maintained by the
propertrowner. Access shall not be blocked by fences. Permanent or temporary structures shall
not be constructed within the easement. The owner shall assume all liability for any claims filed
in association with property damage caused directly by a sewer backup from sewer pipes to
which the City's access was blocked or hampered by the property owner.
(2) Building Permits /Codes: No structures are allowed to be placed over any
portion of the easement.
(3) Engineering: An existing sewer line runs through the alley and street
4110 proposed to be vacated. A sixteen foot easement shall be provided for the maintenance of
the City's sewer main.
(4) Traffic Engineering: There are no traffic- related concerns for the proposed
alley and street vacation.
XL Criteria for the Vacation of Street or Alley Right-of-Way. City policy
provides the following criteria that are to be considered in determining the propriety and
requisites of street or alley right -of -way vacations:
(1) Public Benefit and Reasons Supporting the Proposed Vacation and the
Limits of the Proposed Vacation. The public benefit of the requested right -of -way
vacation would be to allow for the future expansion and development of the petitioner's
property. The proposed alley vacation would connect previously vacated portions of the
Noel Properties, LLC 5
0 Vacation of Street/Alley Rights -of -Way
In Vicinity of 1014 South Naches Avenue
R/W Vac #4 -08; Petition #08 -09
.
north/south alley, together with the dead -end portion of LaSalle Street. The property will
be placed on the tax rolls. There will be no future City street or alley maintenance costs
relative to the vacated property.
(2) Necessity for the Right - of -Way as Access to Property. The rights - - way
involved in this request are not needed for access to any property because all abutting
properties have access to a public street. The properties have access to South Naches
Avenue on the east and South 3rd Street on the west.
(3) Consistency with the Six Year Transportation Improvement Plan, the
Urban Area Comprehensive Plan and other Official City Plans and Policies. There
are no plans for improvement of the subject rights -of -way in the City's Six Year
Transportation Improvement Plan or in any of the City's other plans or policies.
4. Consistency with Existing and Anticipated Development in the Area Based
on Zoning, Current Use and Long -Range Plans. The requested right - - way vacation
will not adversely affect any existing or anticipated development in the area. It will
instead facilitate future development of the property. The three parcels presently zoned
for R -2 uses will have to be rezoned to M -1 if they are to be used for commercial uses in
the future.
5. Provisions for Relocation of Existing Utilities or Easements for Existing
Utilities. A 16- foot -wide easement will be required to be centered over the sewer main
located within the rights -of -way to be vacated.
6. Fair Market Appraisal and Compensation to the City. Compensation to the
City is not required under Subsection 1(C) of City Resolution #R- 2007 -126 because the
City has not purchased, maintained nor made any improvements to the rights -of -way to
Noel Properties, LLC 6
Vacation of Street/Alley Rights -of -Way
•
In Vicinity of 1014 South Naches Avenue
R/W Vac #4 -08; Petition #08 -09
s
be vacated and because no planned or anticipated public purpose exists for maintaining
the rights-of-way.
CONCLUSIONS
Based on the above Findings, the Examiner reaches the following Conclusions:
(1) . The Hearing Examiner has jurisdiction and authority by virtue of Subsection
1.43.080(H) of the Yakima Municipal Code to conduct open record public hearings
regarding petitions and resolutions to vacate public street and alley rights -of -way and to
make recommendations to the City Council relative thereto.
(2) All public notice requirements for vacation of a street or alley right-of-way
have been completed in accordance with applicable statutes and ordinances.
(3) SEPA review was not required because street and alley right -of -way
vacations are categorically exempt from SEPA review.
(4) A traffic analysis report is not required for the requested right-of-way vacation
under the Transportation Capacity Management Ordinance.
(5) No properties will be denied access to the public street system as a result of
this right-of-way.
(6) This request for public right -of -way vacation does not conflict with any
planned street improvement projects or other City plans or projects.
(7) The City's five criteria governing the approval of public street or alley right -
of -way vacations have been satisfied.
(8) Compensation to the City is not required in this situation by City Resolution
R- 2007 -126.
(9) RWC 35.79.040 provides that the vacated rights -of -way should belong to the
abutting parcels of property which are all owned by the petitioner.
(10) The vacated rights -of -way should have the zoning of the abutting parcels to
which they are added. The abutting parcels are all zoned Light Industrial (M -1) except
Noel Properties, LLC 7
Vacation of Street/Alley Rights -of -Way
In Vicinity of 1014 South Naches Avenue
R W Vac #4 -08; Petition #08 -09
0
for three parcels abutting the east side of the alley to be vacated which are zoned Two
Family Residential (R -2).
RECOMMENDATION
The Hearing Examiner recommends to the Yakima City Council that the portion
of the platted north/south alley located west of Naches Avenue between Rainier Street
and LaSalle Street and the dead -end portion of LaSalle Street west of South Naches
Avenue, as described in R/W VAC #4 -08 and Petition #08 -09, SHOULD BE
VACATED subject to the following conditions:
(1) A 16 -foot -wide easement for utilities shall be reserved and centered over
the existing sewer main to allow for maintenance of that sewer main. No buildings shall
be constructed over the easement. Any relocation of utilities will be at the developer's
expense.
(2) Upon vacation, the vacated property shall belong to the abutting parcels,
one half to each as provided by RCW 35.79.040.
(3) Upon vacation, the vacated property shall be zoned Light Industrial (M -1) ,'
except the east half of the alley right -of -way abutting the three parcels zoned Two- Family
Residential shall be zoned Two - Family Residential (R -2).
DATED this 31 day of December, 2008.
Gary M. Cuillier, Hearing Examiner
Noel Properties, LLC 8
Vacation of Street/Alley Rights -of -Way
In Vicinity of 1014 South Naches Avenue
R/W' Vac #4-08; Petition #08 -09 II