HomeMy WebLinkAbout02/24/2009 21 Right-of-Way Vacation Vicinity of 207 East "S" Street 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 a certain portion of alley right —of-
way identified as two portions of platted right -of -way in the vicinity of 207 East
"S" Street
SUBMITTED BY: William Cook, Director of Community and Economic Development
CONTACT PERSON / TELEPHONE: Joseph Calhoun, Assistant Planner, 575 - 6162
SUMMARY EXPLANATION: On February 3, 2009 City Council approved the vacation
requested by Dean Owens for two portions of platted a right -of -way more 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 approval.
Resolution _ Ordinance X Contract e Other (Specify)
Funding Source N/A
APPROVAL FOR SUBMITTAL 1"_f' s■INOr
City Manager
STAFF RECOMMENDATION: Approve the ordinance of vacation.
BOARD RECOMMENDATION: The City of Yakima Hearing Examiner recommended approval
of this right -of -way vacation on December 26, 2008.
COUNCIL ACTION:
410
ORDINANCE NO. 2009
AN ORDINANCE relating to land use; vacating two certain portions of right -of -way in the
vicinity of 207 East S Street.
WHEREAS, by application dated September 3, 2008, Dean Owens requested a vacation
of two portions 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 undeveloped
platted right -of -way; and
WHEREAS, Dean Owens, the applicant/petitioner for this right -of -way vacation, owns
more than the necessary two thirds of the parcels abutting the property subject to this vacation
application; and
WHEREAS, on December 11, 2008, the Hearing Examiner for the City of Yakima
conducted an open - record public hearing regarding the requested right -of -way vacation; and
WHEREAS, on December 26, 2008 the Hearing Examiner issued Hearing Examiner's
Recommendation regarding R/W VAC #3 -08, (the "recommendation ") recommending that the
platted alley right -of -way be vacated, said recommendation 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 street vacation policy, 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 necessary for this right -of -way vacation in the
amount of $6,297.50; 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:
(jc)ord /Owens -R -O -W Vacation 1
Section 1. The entire portion of the platted alley right -of -way running north and south
along a portion of the west boundary of Hines Subdivision, and a portion of East "S" Street right-
of-way running east to west, more particularly described in Exhibit "A ", 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 26, 2008
Hearing Examiner's Recommendation (R/W VAC #3 -08) 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 Dean Owens' satisfaction of the following conditions, as stated on pages 9 and,
10 of the Hearing Examiner's Recommendation:
a. A 38 -foot -wide easement for utilities over the south 38 feet of the portion of East "S"
Street to be vacated shall be recorded prior to the effective date of the vacation. No
buildings shall be constructed over the easement and any relocation of the utilities
will be at the developer's expense.
b. Compensation in the amount of $6,297.50 shall be paid to the City prior to the
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effective date of the vacation.
c. Parcel numbers 191307 -33435 and 191307 - 33436 shall be merged prior to the
effective date of the vacation so that all lots will have direct access to a public
street.
d. Upon vacation the dedicated rights -of -way will belong to the abutting parcels of
property within Hines Subdivision which was the origin of the dedicated rights-of-
way. The dedicated alley right -of -way will belong to Lot 7 Block 3, of Hines
Subdivision east of that right -of -way (which is Assessor's tax parcel number
191307 -33435 owned by the petitioners). The vacated rights -of -way will all be
zoned Light Industrial (M -1) which is the zoning of all the abutting parcels within
Hines Subdivision.
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.
(jc)ord /Owens -R -O -W Vacation 2
PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this
day of , 2009.
David Edler, Mayor
ATTEST:
City Clerk
Publication Date: Effective Date:
(jc)ord /Owens -R -O -W Vacation 3
h i b i t " A "
Legal I escription
That portion of "S" Street Iying northerly of Lots 5 and 6, Block 6, and southerly of Lots
7 and 8, Block 3, and extended west to the west boundary of Hines Subdivision,
according to the official plat thereof recorded in Volume `B" of Plats, page 32, records of
Yakima County, Washington.
That portion of the 13 foot alley lying westerly of Lot 7, Block 3 of Hines. Subdivision,
according to the official plat thereof recorded in Volume "B" of Plats, page 32, records of
Yakima County, Washington.
1
Exhibit 66 ! "
Hearing Examiner's Recommendation
Attached is the Hearing Examiner's Recommendation for the Dean Owens Right -of -Way
Vacation dated December 26, 2008. (File R/W Vac #3 -08)
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•
RECENSO
• DEC 2 6 2008
CITY OF UMW,
PLANNW T .
City of Yakima, Washington
Hearing Examiner's Recomme II elation
December 26, 2008
In the Matter of a Petition for Vacation )
Of Public Rights -of -Way Submitted by: ) ' UAZO VAC # 3 -08
) Petition # 08 -08
Dean :, Peggy Owe is )
)
To Vacate Street and Alley Rights -of -Way )
In the Vicinity. of 204 & 207 East " S" Street )
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 11, 2008. Assistant
Planner Joseph Calhoun presented his staff report favoring the requested right -of -way
vacation. Bill. Hordan of Hordan Planning Services also testified in favor of the request
on behalf of the petitioners Dean and Peggy Owens. A resident of the area, DeAnna
Harris, was assured that this vacation would not affect the utilities serving her residence
on East "Q" Street or utilities serving any other residence. 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 Recomme i dation., The Hearing Examiner recommends that the City
Council approve this request to vacate certain public rights -of -way subject to conditions.
Dean & Peggy Owens 1
Vacation of Street /Alley Rights -of -Way
0 In Vicinity of 204 & 207 East "S Street
R/W Vac #3 -08; Petition #08 -08
DOC.
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CITY OF YAKIMP
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Basis for Recommendation. Based upon a .view of the site without anyone else
present on December 10, 2008; the staff report, exhibits, testimony and evidence
presented at an open record public hearing on December 11, 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
L Petitioners/Property Owners. The petitioners /property owners are Dean and Peggy
Owens, 707 North 1 st Street, Yakima, Washington.
It. Representative of Petitioners/Property Owners. The representative of Dean
and Peggy Owens in this matter is Bill Hordan of Hordan Planning Services, 410 North
2nd Street, Yakima, Washington.
III. Location. The rights -of- -way involved in this request are in the following locations:
(1) The first requested vacation area is an east/west 50- foot -wide portion of East
"S" Street about 113 feet long, extending to the west boundary of Hines Subdivision. A
mobile home at 204 East "S" Street abuts this area on the south. The mobile home is on
Lots 5 and 6, Block 6, of Hines Subdivision (Assessor's tax parcel 191307 - 33515) owned
by the petitioners.. The 13- foot -wide alley right- of-way to be vacated and two parcels
improved with a house at 207 East "S" Street abut this area on the north. The house is on
Dean & Peggy Owens 2
Vacation of Street/Alley Rights -of -Way
In Vicinity of 204 & 207 East "S" Street
R/W Vac #3 -08; Petition #08 -08
111
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RECENED
1� E (: : , r 200
CITY OF `a'r {IA, :.
PLANNING OJV..
Lots 7 and '8, Block 3, of Hines Subdivision (Assessor's tax parcel numbers. 191307-
33435 and 33436) also owned by the petitioners.
(2) The second requested vacation area is an unimproved north/south 13-foot-
wide alley right -of -way about 130 feet long along the west side of the westernmost lot at
207 East "S" Street (along the west side of Lot 7, Block 3, of Hines Subdivision which is
Assessor's tax parcel number 191307-33435 owned by the petitioners) and immediately
north of the westerly 13 feet of the East "S" Street area to be vacated. A vacant parcel
owned by the petitioners which is Assessor's tax parcel number 1813' 12 -44029 abuts
most of the west side of the alley right-of-way to be vacated, but a vacant parcel owned
by one Vincent Fay which is Assessor's tax parcel number 181312 -44023 abuts part of
the northerly part of the alley right -of -way on the west side. Mr. Fay has neither joined
in nor opposed the petition for vacation. His signature is not necessary for the requisite
two- thirds of the property owners abutting the proposed vacation.
IV. Legal Description. The legal descriptions of the rights -of -way involved in this
request are:
(1) That portion of "S" Street lying northerly of Lots 5 and 6, Block 6, and
southerly of Lots 7 and 8, Block 3, and extended west to the west boundary of Hines
Subdivision, according to the official plat thereof recorded in Volume "B" of Plats, page
32, records of Yakima County, Washington.
(2) That portion of the 13 foot alley lying westerly of Lot 7, Block 3 of Hines
Subdivision, according to the official plat thereof recorded in Volume `B" of Plats, page
32, records of Yakima County, Washington.
V. Notices. The Yakima City Council set December 11, 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 -151 which was adopted on October 21, 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:
Dean & Peggy Owens 3
Vacation of Street/Alley Rights -of -Way
In Vicinity of 204 & 207 East "S" Street
RIW Vac #3 -08; Petition #08 -08
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Posting of notice on property: October 16, 2008
Posting of notice in three public places: October 23, 2008
Publishing of notice in newspaper: October 27, 2008
Mailing of notice to property owners within 500 feet: October 27, 2008
VI. Environme i tal 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 Manage ent Ord .i once. This request is an
exempt activity under the Transportation Capacity Management Ordinance.
VIII. Background. On September 3, 2008, the City Department of Community and
Economic Development received this petition to vacate two portions of platted rights -of-
410
way. Public records indicate that the rights -of -way proposed for vacation were dedicated
to the City in 1907 by the Plat of Hines Subdivision and are located within that
subdivision. The petition contains the requisite signatures of two- thirds of the abutting
property owners since petitioners Dean and Peggy Owens own four of the five, or 80
percent, of the abutting parcels.
IX. Zoning and Land Use. The property on both sides of the portion of the East "S"
Street right -of -way to be vacated is zoned Light Industrial (M -1). There is a mobile
home on the south side and a house on the north side. The property on the east side of
the portion of the alley to be vacated within Hines Subdivision is zoned Light Industrial
(M -1) and the property on the west side outside of Hines Subdivision is zoned General.
Commercial (GC). There is a house on the east side and vacant land on the west side.
Dean & Peggy Owens 4
Vacation of Street/Alley Rights -of -Way
In Vicinity of 204 & 207 East "S" Street
R/W Vac #3 -08; Petition #08 -08
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DEC 0 2 6 2008
CITY OF YA IM,-,
PLANNING DIV:
The properties abutting the rights -of -way proposed for vacation have the following
characteristics:
Direction Zoning Land Use
North Light Industrial (M -1) Residential
South Light Industrial (M -1) Residential
East Light Industrial (M -1) Residential
West General Commercial (GC) Vacant
X. Development Services Team. A Development Services Team meeting was held
on September 24, 2008 to discuss the possible impacts of approving the requested right-
of-way vacation. The following comments were received:
(1) Engineering: The applicant is asking to vacate an alley and a 100 -foot portion
of East "S" Street. The existing utilities must be maintained. If this vacation is allowed,
• adequate easements must be dedicated around all utilities for the maintenance of all
utilities involved. No permanent structures will be allowed on or over such easements.
(2) Surface Water Engineer: There are no drainage requirements for vacation of
the unimproved alley. There are no requirements for the vacation of the street, but if it
becomes private property the owner of the land will be responsible for paying the City of
Yakima Stormwater Assessment fee for the impervious surfaces.
(3) Traffic Engineer; There are no traffic - related comments for the proposed
right -of -way vacation.
(4) Wastewater: A recorded public utility easement must be in place prior to
vacation of the proposed right -of -way within the portion of East "S" Street. Wastewater
must have access at all times to maintain the public line. No structures, fences and/or
Iandscaping shall be allowed within the proposed public utility easement.
(5) Water/Irrigation: There is an existing 12- inch, looped waterline and a fire
hydrant in East "S" Street. There are existing water services to each of the lots on the
north and south sides of East "S" Street in the area of the proposed vacations. A
minimum 16 -foot easement should be created and centered over all existing water
facilities within the area of the right -of -way vacation. All water facilities should be field
Dean & Peggy Owens 5
Vacation of Street/Alley Rights-of-Way
In Vicinity of 204 & 207 East "S" Street
R/W Vac #3 -08; Petition 408 -08 DOG
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PLANNING DIV.
located/surveyed and shown on the site plan in relation to other existing utilities, existing
right -of -way lines and proposed easement lines. If existing water services will no longer
be needed in the area of the vacation, the City will abandon them.
XI. Criteria for ' e Vacatio a 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 industrial development of the petitioners' property by
connecting disjointed properties to create larger contiguous parcels. 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 -of -way
involved in this request are not needed for access to any property because all abutting
properties have access to a public street. The property to the south of East "S" Street
(Assessor's tax parcel number 191307- 33515) will have direct access by way of East "S"
Street on the east and East "R" Street on the south. The parcels to the north of East "S"
Street (Assessor's tax parcel numbers 191307 -33435 and 191307-33436) will be merged
so that direct access to East "S" Street will be retained.
(3) Consistency with the Six Year Transportation Improvement Plan, the
Urban Area Comprehensive Plan and other Official City Plans and Policies. There
Dean & Peggy Owens 6
Vacation of Street/Alley Rights -of -Way
In Vicinity of 204 & 207 East "S" Street
RIW Vac 43 - 08; Petition 408 -08 DOC.
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O1TY OF YAnivir,
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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 -of -way vacation
will not adversely affect any existing or anticipated development in the area. It will
instead facilitate future development of the property. Since the property was all
dedicated in the Hines Subdivision, upon its vacation it should all be returned to those
abutting parcels that are within the Hines Subdivision. The following provision in RCW
35.79.212 relative to the vacation of a portion of a subdivision is analogous to this
situation even though the subdivision itself is not here being vacated:
"When the road or street that is to be vacated was contained wholly within the
subdivision and is part of the boundary of the subdivision, title to the vacated road
or street shall vest with the owner or owners of property contained within the
vacated subdivision."
That would mean that the 13- foot -wide north/south alley right -of -way will upon vacation
all become a part of Lot 7, Block 3, of Hines Subdivision east of that right -of -way (which
is Assessor's tax parcel number 19'1307 -33435 owned by the petitioners) rather than be
divided equally between the property on the east and west sides of the alley right-of-way.
The west half of the alley will therefore not become a part of the parcel owned by the
petitioner or the parcel owned by Mr. Fay outside of Hines Subdivision which both abut
the alley right -of -way on the west and which are both zoned General. Commercial (GC).
Since all of the parcels within the Hines Subdivision that abut the rights -of -way to be
vacated are zoned Light Industrial (M -1), all of the rights -of -way to be vacated should
also be zoned Light Industrial (M -1).
Dean & Peggy Owens 7
Vacation of Street/Alley Rights -of -Way
In Vicinity of 204 & 207 East "S" Street
R/W Vac #3 -08; Petition #08 -08 DOC
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5. Provisions for Relocation of Existing Utilities or Easements for Existing
Utilities. An easement will be required over the south 38. feet of East "S" Street for
maintenance of the 12 -inch waterline, the fire hydrant and the 8 -inch sanitary sewer line
located there. No existing public or private utilities are located within the north/south
alley right -of -way area north of the portion of East "S" Street that is proposed for
vacation.
6. Fair Market Appraisal and Compensation to the City. Compensation to the
City is required under City Resolution #R- 2007 -126 because the City has improved a
portion of East "S" Street proposed for vacation. Most of the portion of that street
proposed for vacation has been paved, but there are no curbs, gutters, sidewalks or street
lights there. A fair market appraisal is not required because 110 % of the assessed
valuation is less than $20,000. Compensation is required in the amount of 55% of the
$11,450.00 assessed valuation of the area proposed for vacation, which amounts to 0
$6,297.50.
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.
Dean & Peggy Owens 8
Vacation of Street/Alley Rights -of -Way
In Vicinity of 204 & 207 East "S" Street
R/W Vac #3 -08; Petition #08 -08
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(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 vacation.
(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 five criteria governing the approval of public street or alley right -of -way
vacations have all been satisfied.
(8) Compensation of $6,297.50 to the City is required in this situation by City
Resolution R- 2007 -126.
(9) Upon vacation the dedicated rights -of -way should belong to the abutting
parcels of property within Hines Subdivision which was the origin of the dedicated
rights-of-way and all the vacated rights -of -way should have the zoning of the abutting
parcels within Hines Subdivision which is Light Industrial (M -1).
RECOMMENDATION
The Hearing Examiner recommends to the Yakima City Council that all that
portion of East "S" Street lying northerly of Lots 5 and 6, Block' 6, and southerly of Lots
7 and 8, Block 3, of Hines Subdivision and extended west to the west boundary of Hines
Subdivision, as well as all of that portion of the, 13 -foot -wide alley right -of -way lying
westerly of Lot 7, Block 3, of Hines Subdivision and northerly of the portion of East "S"
Street being vacated, as described in R/W VAC #3 -08 and Petition #08 -08 SHOUL'I BE
VACATED, subject to the following conditions:
(1) A 38- foot -wide easement for utilities over the south 38 feet of the portion of
East "S" Street to be vacated shall be recorded prior to the effective date of the vacation.
Dean & Peggy Owens 9
Vacation of Street/Alley Rights -of -Way
In Vicinity of 204 & 207 East "S" Street
® R/W Vac #3 -08; Petition #08 -08 p ®C
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No buildings shall be constructed over the easement and any relocation of the utilities
will be at the developer's expense.
(2) Compensation in the amount of $6,297.50 shall be paid to the City prior to the
effective date of the vacation.
(3) Parcel numbers 191307 -33435 and 191307 -33436 shall be merged prior to the
effective date of the vacation so that all lots will have direct access to a public street.
(4) Upon vacation the dedicated rights -of -way will belong to the abutting parcels
of property within Hines Subdivision which was the origin of the dedicated rights-of-
way. The dedicated alley right -of -way will belong to Lot 7 Block 3, of Hines
Subdivision east of that right -of -way (which is Assessor's tax parcel number 191307
33435 owned by the petitioners). The vacated rights -of -way will all be zoned Light
Industrial (M -1) which is the zoning of all the abutting parcels within Hines Subdivision.
DATED this 26 day of December, 2008.
. LULL- 411110
Gary M. Cuillier, Hearing Examiner
Dean & Peggy Owens 10
Vacation of Street/Alley Rights -of -Way
In Vicinity of 204 & 207 East "S" Street
R/W Vac #3 -08; Petition #08 -08
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