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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. 0 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