HomeMy WebLinkAbout01/06/2009 16 Right-of-Way Vacation, Vicinity of Gordon Road, North 1st Street, and Oak Street i BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT /�
Item No.
For Meeting of: January 6, 2009
ITEM TITLE: An Ordinance relating to land use; vacating a certain portion of street right -of -way
identified as -a platted alley running north and south along several lots located between Gordon
Road and North 1st Street and south of Oak Street
SUBMITTED BY: William R. Cook, Director of Community & Economic Development .
CONTACT PERSON/TELEPHONE: Bruce Benson, Acting Planning Manager 575 -6042
SUMMARY EXPLANATION: On December 9, 2008, City Council approved the vacation
requested by Hordan Planning Services on behalf of Doug Christen of a portion of the platted
alley between Gordon Road and North 1st Street, more particularly described in Exhibit. "A:, and
0 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: ^` ` te e- •1
City Manager
STAFF RECOMMENDATION: Adopt the ordinance vacating all that portion of platted alley
running north and south lying between Gordon Road and North 1 Street
BOARD /COMMISSION RECOMMENDATION: The City of Yakima Hearing Examiner
recommended approval of this right -of -way vacation on October 9, 2008.
COUNCIL ACTION:
IP
J
• • ORDINANCE NO. 2009-
AN ORDINANCE relating to land use; vacating a certain portion of street right -of -way
identified as a platted alley running north and south along several Tots
located between Gordon Road, the vacated portion of North Front Street
and south of Oak Street
WHEREAS, by application dated June 11, 2008, Hordan Planning Service on behalf of
Doug Christen requested a vacation of a portion of an undeveloped platted City of Yakima right -
of -way 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, the petition for vacation contains the signatures of all property owners
abutting the property subject to this vacation; and
WHEREAS, on September 25, 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 October 9, 2008, the Hearing Examiner issued Hearing Examiner's
Recommendation regarding UAZO R/W VAC #2-08, (the "recommendation ") recommending
that the undeveloped platted alley 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 December 9, 2008, 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
because the City has neither purchased, maintained nor improved the portion of the
undeveloped platted 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
0 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 alley 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 October 9, 2008,
Hearing Examiner's Recommendation (UAZO R/W VAC #2 -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.
Section 3. The right -of -way vacation granted by this ordinance is expressly
conditioned on Doug Christen and Union Gospel Mission's satisfaction of the following
conditions, as stated on page 7 of the Hearing. Examiner's Recommendation:
a. The north/south 20- foot -wide alley right -of -way south of Oak Avenue between
1313 Gordon Road and 1300 North 1 Street as described in Petition #08 -07 and
R/W VAC #2 -08 should be vacated with the result that title to the vacated alley
right -of -way shall be vested in the abutting property owners, one -half to each in
accordance to RCW 35.79.040, and that the vacated alley right -of -way shall be •
zoned the same as the abutting property, which is Light Industrial (M -1).
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.
PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this
6 day of January, 2009.
David Edler, Mayor
ATTEST:
City Clerk
•
Publication Date: - Effective Date:-
•
EXHIBIT "A"
Legal Description
That portion of the dedicated alley beginning at the northeast corner of Lot 10, Block 6,
Central Washington Addition to North Yakima, as recorded in Volume `B" of Plats, Page
33, records of Yakima County Washington, then east a distance of 20 feet to the northwest
corner of Lot 1, Block 6, of said subdivision, then south along the west line of lots 1, 2, 3,
4 and 5 a distance of 200 feet, then west a distance of 20 feet, to the southwest corner of
Lot 6 of said subdivision, then north along the east line of Lots 6, 7, 8, 9 and 10, a distance
of 200 feet, to the northeast corner of Lot 10 of said subdivision and the point of
beginning. The tax parcel numbers abutting this portion of the alley are: 181313 -11443
(Lots 6, 7 and 8 at 1313 Gordon Road), 181313 -11414 (Lots 9 & 10 at 1313 Gordon Road)
and 181313 -11441 (Lots 1, 2, 3, 4, & 5 at 1300 N l Street).
•
III
City of Yakima, Washington
Hearing Examiner's Recommendation
October 9, 2008
In the Matter of an Application for Vacation )
Of Public Alley Right -of -Way Submitted by:) UAZO R/W VAC # 2 -08
Petition # 08 -07
Doug Christen & Union Gospel Mission )
)
To Vacate an Alley Right -of -Way between )
1313 Gordon Road & 1300 North 1 Street )
Introduction. The chronology of the hearing process relative to this request to vacate a
portion of public alley right -of -way can be summarized as follows:
1) The Hearing Examiner conducted a hearing on September 25, 2008. Assistant
Planner Alice Klein presented her 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 petitioner /applicant Doug Christen. No one testified or submitted written
comments in opposition to the requested alley right -of -way vacation:
2) This public 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 the requested public alley right -of -way vacation. Basis for
Recommendation. Based upon the view of the site of the proposed vacation
of alley right -of -right without anyone else present on September 24, 2008; the staff
report, exhibits, testimony and evidence presented at an open record public hearing on
Doug Christen & Union Gospel Mission 1
® Vacation of Alley Right -of -Way
Btwn.1313 Gordon Rd. & 1300 N. 1 St.
R/W Vac #2 -08; Petition #08 -07
September 25, 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. Petitioners /Applicants/Property Owners. The petitioners /applicants /property
owners are Doug Christen and Union Gospel Mission, 1313 Gordon Road and 1300
North 1 Street respectively, Yakima, Washington.
II. Representative of Petitioner /Applicant/Property Owner Doug Christen.
Doug Christen's representative is Bill Hordan of Hordan Planning Services, 410 North
2 Street, Yakima, Washington.
III. Location. The location of the alley right -of -way involved in this request is the
north/south alley located south of Oak Avenue between Gordon Road on the west and
North l Street and a vacated portion of North Front Street on the east. The adjacent
parcels are numbers 181313 -11443 and 181313 -11444 owned by Doug Christen on the
west side and numbers 181313-11441 and 181313 -11004 owned by the Union Gospel
Mission on the east side.
IV. Legal Description. The legal description of the alley right -of -way involved in this
request is:
"All that portion of the dedicated alley beginning at the northeast corner of Lot 10,
Block 6, Central Washington. Addition to North Yakima, as recorded in Volume "B" of
Doug Christen & Union Gospel Mission 2
Vacation of Alley Right - of - Way
Btwn.1313 Gordon Rd. & 1300 N. 1st St. •
R/W Vac #2 -08; Petition #08 -07
r
• Plats, Page 33, records of Yakima County Washington, then east a distance of 20 feet to
the northwest corner of Lot 1, Block 6, of said subdivision, then south along the west line
of lots 1, 2, 3, 4 and 5 a distance of 200 feet, then west a distance of 20 feet, to the
southwest corner of Lot 6 of said subdivision, then north along the east line of Lots 6, 7,
8, 9 and 10, a distance of 200 feet, to the northeast corner of Lot 10 of said subdivision
and the point of beginning."
V. Notices. The Yakima City Council set September 25, 2008 as the date for the public
hearing regarding this request for vacation of alley right -of -way by Resolution No. R-
2008 -123 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: August 5, 2008
Publishing of notice in the newspaper: August 6, 2008
Mailing of notice to property owners: August 6, 2008
Posting of notice in three public places: August 12, 2008
VI. Environmental Review. Street 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 June 11, 2008, the City Department of Community and
Economic Development received this petition to vacate this 20- foot -wide and 200 -foot-
long section of unimproved alley right -of -way. Public records indicate that the alley
right -of -way proposed for vacation was dedicated to the City on April 3, 1907 by the
Doug Christen & Union Gospel Mission 3
41) Vacation of Alley Right -of -Way
Btwn.1313 Gordon Rd. & 1300 N. 1st St.
R/W Vac #2 -08; Petition #08 -07
Central Addition to North Yakima. The petition contains the requisite signatures of two -
thirds of the abutting property owners since the petitioners own all the parcels abutting
the right -of -way to be vacated. Doug Christen signed for the two parcels on the west side
of the right -of -way to be vacated. Union Gospel Mission CEO Rick Phillips and
Secretary Steve Graff signed for the two parcels on the east side of the right -of -way.
IX. Zoning and Land Use. The property on both sides of the north/south alley right -
of -way is zoned Light Industrial (M -1). A truck towing and service business is located
on the west side, and the property on the east and south sides is currently vacant land.
X. Development Services Team (DST). A Development Services Team meeting was
held on July 2, 2008 to discuss the possible impacts of approving the, requested right-of-
way vacation. The DST comments included the following observations:
(i) Building Permits /Codes: Any future development of the vacated area requires
plan review, permits and inspections before occupancy.
(ii) Engineering Division: There are no utilities in the area of the alley right -of -.
way vacation request. 41,
(iii) Water and Wastewater: There are no water or sewer lines,in the area of the
alley right -of -way vacation request.
(iv) Traffic Engineering: Transportation Concurrency Review will not be required.
XI. Criteria for the Vacation of Street or Alley Right -of -Way. City policy
provides the following specific criteria 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 alley right -of -way
vacation would be to allow for the development of the petitioners' properties without the
need to observe building setbacks from the unimproved rights -of -way that are not needed
Doug Christen & Union Gospel Mission 4
Vacation of Alley Right -of -Way
Btwn.1313 Gordon Rd. & 1300 N. 1st St.
R/W Vac #2 -08; Petition #08 -07
II) for any public purpose. The property will be placed on the tax rolls and there will be no
potential maintenance costs for the City in the future.
2. Necessity for the Right -of -Way as Access to Property. The alley right -of-
way involved in this request is not needed for access to any property because all abutting
properties have access to a public street.
3. Consistency with the Six Year Transportation Improvement Plan, the
Urban Area Comprehensive Plan and other Official City Plans and Policies. The
subject alley right -of -way is currently unpaved and unused. It is not included in the
City's Six Year Transportation Improvement Plan. There are no plans for improvement
of the alley right -of -way in any of the City's plans or policies. -
4. Consistency with Existing and Anticipated Development in the Area Based
on Zoning, Current Use and Long -Range Plans. The requested alley right -of -way
vacation will not adversely affect any existing or anticipated development in the area. It
ID will instead facilitate future development of the property. The entire vacated public alley
right -of -way area will become a part of the petitioners' property by virtue of RCW
35.79.040 which provides that property within the area to be vacated shall belong to the
owners of the property abutting each side of the vacated area, one -half to the owners on
each side. The truck towing and service use to the west is established as a Class (1) use
in the M -1 zoning district. There are no immediate plans for the Union Gospel Mission's
vacant parcels to the east and south, and there may be a need to rezone those parcels if
their future proposed use does not fit the zoning.
5. Provisions for Relocation of Existing Utilities or Easements for Existing
Utilities. No existing public or private utilities or other improvements are located within
the alley right -of -way area proposed for vacation.
Doug Christen & Union Gospel Mission s
Vacation of Alley Right - of - Way
Btwn.1313 Gordon Rd. & 1300 N. 1 St.
R/W Vac #2 -08; Petition #08 -07 - - -
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 neither purchased, maintained nor made any improvements to the alley right -of-
way involved in this vacation request, and no planned or anticipated public purpose exists
for maintaining this right -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 the alley right -of -way have been
completed in accordance with applicable statutory and ordinance requirements.
3. SEPA review was not required because alley right -of -way vacations are
categorically exempt from SEPA review.
4. A traffic analysis report under the Transportation Capacity Management Ordinance
is not required for the requested right -of -way vacation.
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 alley right -of -way vacation does not conflict with any planned
street improvement projects or otherplans or projects of the City of Yakima.
7. The five criteria governing the approval of public alley right -of -way vacations have all
been satisfied..
8. Fair market compensation to the City is not required in this situation by City
Resolution R- 2007 -126.
Doug Christen & Union Gospel Mission 6
Vacation of Alley Right -of -Way •
Btwn.1313 Gordon Rd. & 1300 N. 1s St.
R/W Vac #2 -08; Petition #08 -07 ..
9. The vacated alley right -of -way will become a part of the petitioners' properties by
virtue of RCW 35.79.040 which provides that property within the portion of the alley to
be vacated shall belong to the owners of the property abutting each side of the vacated
area, with one -half of the vacated area belonging to the owners on each side of the
vacated area.
RECOMMENDATION
The Hearing Examiner recommends to the Yakima City Council that the
north/south 20- foot -wide alley right -of -way south of Oak Avenue between 1313 Gordon
Road and 1300 North 1st Street as described in Petition #08 -07 and R/W VAC #2 -08
SHOULD BE VACATED with the result that title to the vacated alley right -of -way shall
be vested in the abutting property owners, one -half to each in accordance to RCW
35.79.040, and that the vacated alley right -of -way shall be zoned the same as the abutting
property, which is Light Industrial (M -1).
DATED this 9th day of October, 2008.
Gary M. Cuillier, Hearing Examiner
•
Doug Christen & Union Gospel Mission 7
Vacation of Alley Right -of -Way
Btwn.1313 Gordon Rd. & 1300 N. 1st St.
- R/W Vac #2 -08; Petition #08 -07