HomeMy WebLinkAboutR-2010-050 Right-of-Way Vacation, East "A" Street, Yakima Mall Holding Co., LLC - Public HearingRESOLUTION NO. R-2010-50
A RESOLUTION fixing time for a public hearing before the Hearing Examiner on May 27,
2010, on a petition to vacate a portion of the public right-of-way along the
south side of E. "A" Street adjacent to the Yakima Mall.
WHEREAS, pursuant to RCW 35.79.010, a petition has been filed with the City Clerk,
requesting the vacation of a street or alleyway (or portion thereof) within the City of Yakima, a
true copy of which petition is attached and incorporated into this resolution; and
WHEREAS, such a petition has been signed by the owners of more than two-thirds (2/3)
of the property abutting upon the street or alley (or portion thereof) which is requested to be
vacated, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The above -referenced petition for vacation is hereby referred to the Hearing Examiner
for public hearing pursuant to section 1.43.080 of the City of Yakima Municipal Code. The •
Hearing Examiner is directed to make written recommendation to the City Council regarding
said petition. The Hearing Examiner Public Hearing shall be held on May 27, 2010 at 9:00 a.m.
in the City Council Chambers of City Hall, which date and time are not more than sixty (60) days
nor less than twenty (20) days after the passage of this resolution.
It is further resolved that the City Clerk give notice of the Hearing Examiner in the form
and manner prescribed by RCW 35.79.020 and Section 1.43.080 of the City of Yakima
Municipal Code.
ADOPTED BY THE CITY COUNCIL this 20th day of April 2010.
ATTEST:
ti4Z4 rOttj'i
Mayor
Supplemental Application For:
,47 '" RIGHT-OF-WAY VACATION
^`. Fee: $303 (RCW 35.79) (+50% appraised value)
4 Ate{
PART 1 - LOCATION
L VICINITY - LOCATION OF RIGHT-OF-WAY TO BE VACATED: the eight foot wide sidewalk along the south
side of "A" Street between S 46 Street and Naches Avenue
2. LEGAL DESCRIPTION OF THE RIGHT-OF-WAY TO BE VACATED: (Attach if lengthy) See attached
PART III - APPLICATION INFORMATION
3. A WRITTEN NARRATIVE: (Please submit a written response to the following questions)
A. What is the public benefit, reason for, and limitations of the proposed right-of-way vacation? This vacation is
involved with theexpansion of parking along the north side of E "A" Street. The vacation is part of a land transfer
between the Yakima Mall's owner and the City of Yakima. Because the City's portion, of the land exchanged is
publically dedicated the vacation process is required to complete the exchange.
B. Does the vacation deny sole access to a public street for any property?
No
C. Is the proposal consistent with existing plans of the City? (Petitions should be consistent with the Six-year
Transportation Improvement Plan, the Urban Area Comprehensive Plan and other official City Plans and policies)
Yes — As was pointed out earlier the vacation will allow for parking improvements planned by the City. The City's
Project Number is DFI-4.
D. Is the vacation appropriate with existing zoning and land use? (Vacation of Right -of -Ways should be appropriate
with existing and anticipated development in the area, based upon zoning, current use and long-range plans)
Yes, upon vacation the right-of-way would assume the zoning of the receiving property which in this case is CBD,
Central Business District. This right -of -,way vacation would be in conformance with the existing zoning regulations.
E. Are there any public or franchised utilities in the right-of-way to"be vacated and if so, will they be relocated?
No
PART W - REQUIRED ATTACHMENTS
4. SITE PLAN REQUIRED: (Please use the City of Yakima Site Plan Checklist, attached)
5. PETITION TO VACATE STREET OR ALLEY REQUIRED (attached)
6. TITLE REPORT (may be waived)
7. SURVEY OF THE AREA TO BE VACATED (may be waived)
8. APPRAISAL OF THE PROPERTY (If the assessed value of the portion of right-of-way to be vacated exceeds $20,000)
9. ENGINEERING PLAN (may be required to indicate how the curb, gutter and other physical features will be treated
after the vacation is enacted.)
10. TRAFFIC ANALYSIS (A traffic analysis prepared by a Certified Engineer, which describes the impact to the City
transportation network of the closure` of the right-of-way, may be required depending on the right-of-way being vacated.
As a result of that analysis, a Traffic Study may also be required)
Note: if you have any questions about this process, please contact us City of Yakima, Planning Division, 129 N. 2nd St.,
Yakima, WA or 509-575-6163 Revised 12-
Letter of Intent
April 14, 2010
The City of Yakima is in the final stage of design for constructing improvements to "A" Street
between Third Street and Sixth Street. This project, known as Downtown Futures Initiative Phase 4,
will improve sidewalks, add new lighting and street furniture, and widen the street to create diagonal
parking on the north side of "A" Street between Naches Avenue and Fourth Street.
This additional parking will serve the downtown and replace eight (8) parking spaces approved
for removal in the Final Mitigation Determination of Non -significance, dated December 14, 2007.
These eight (8) parking spaces will be removed to provide for vehicle drop off in front of the lobby of
the proposed new hotel to be built within the existing J.C. Penney's building. In return, the ten (10)
feet of right-of-way being provided by Morrier Family Realty L.L.C. and JEM Development Real
Estate Inc., will result in an increase of approximately ten public parking spaces along the north side of
"A" Street between Fourth Street and Naches Avenue (see #1 below).
To accomplish the above described Downtown Futures Initiative Phase 4 project in a timely
manner, the parties to this Letter of Intent agree that the following exchange of properties would be in
the interest of the public, and that time is of the essence to assure that the city's construction of "A"
Street improvements can be bid, awarded and constructed during the 2010 construction season.
1. Morrier Family Realty L.L.C. and JEM Development Real Estate Inc. will dedicate ten (10)
feet of their property to the City of Yakima for right-of-way (see attached legal description)
along the north side of "A" Street; in return for which
2. The City of Yakima will vacate ownership of the city's eight (8) foot wide sidewalk along the
south side of "A" Street from the corner of Naches Avenue to the western end of the
parking/service delivery ramp, a distance of approximately 560 feet (see attached legal
description), shall revert back to the adjacent property owners; the Naches Hotel, LLC and JEM
Development Real Estate, Inc.,
It is agreed that this letter represents the intent of both parties, but that final approval by the
City of Yakima is conditioned upon a recommendation from the Hearing Examiner and approval of the
Yakima City Council.
It is further agreed that staff will recommend City Council approval of the exchange of
properties described above with .an additional condition; that removal of the eight (8) diagonal parking
spaces on Naches Avenue for the new hotel will not occur, and the spaces shall remain as public
parking, until such time as building permits are issued and construction begins on the new hotel.
Richard, A. Zais,
City. Manager
/2
JosepIiR. Morrier
6 JEM Development Real Estate, Inc.
Morrier Family Realty, LLC
Naches Hotel, LLC
7-., ,
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LAND USE APPLICATION
CITY OF YAKIMA, DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
129 NORTH SECOND STREET, 2ND FLOOR, YAKIMA, WA 98902
VOICE: (509) 575-6183 FAX: (509) 575-6105
INSTRUCTIONS — PLEASE READ FIRST Please type or print your answers clearly.
Answer all questions completely. If you have any questions about this form or the application process, please ask a Planner.
Remember to bring all necessary attachments and the required filing fee when the application is submitted. The Planning Division
cannot accept an application unless it is complete and the filing fee paid. Filing fees are not refundable.
This application consists of four parts. PART I - GENERAL INFORMATION AND PART IV — CERTIFICATION are on this page.
PART II and III contain additional information specific to your proposal and MUST be attached to this page to complete the
application.
PART I — GENERAL INFORMATION
1. Applicant's Name, Address,
And Phone Number
Name
JEM Development Real Estate, Inc and Naches Hotel,LLC
Street
402 E Yakima Avenue
City
Yakima ST
WA Zip 98902
Phone
( 509) 248-4040
2. Applicant's Property Interest
Check
One
X
Owner
Agent
Purchaser
Other
1
1
■
3. Property Owner's Name,
Address, And Phone Number
(If Other Than Applicant)
Name
SAME AS ABOVE
Street
City
ST
Zip
Phone
( )
4. Subject Property's Assessor's
Parcel Number(s): 191319-21422, 21454, 21455
5. Legal Description of Property. (if lengthy, please attach it on a separate document) SEE ATTACHED
6. Property's Existing Zoning:
HB
X CBD
• SR • R-1 ■
R-2 ■ R-3
■ B-1 ■ B-2 1
■ SCC ■ LCC
■ GC
■ AS
■ RD ■ M-1 • M-2
7. Property Address: NKA — Public Right-of-way
8. Type Of Application: (Check All That Apply)
• Administrative
Adjustment
•
Environmental
Right -of -Way Vacation
Transportation
Non -Conforming
Type 3 Modification
by
Use
Plan Amendment
Checklist (SEPA)
Concurrency
Structure/Use
Hearing Examiner
Permit
■ Easement
Release
Areas
Plat
Site Plan
Development
• Type (2) Review
x
■ Rezone
■ Type (3) Review
•
■ Shoreline
■ Short Plat
•
• Critical
■ Long Plat
•
■ Variance
• Admin. Modification
■ Interpretation
■ Amended
• Appeal
• Temporary
■ Binding
■ Home Occupation
■ Comp
• Planned
• Short Plat Exemption:
• Other:
PART II — SUPPLEMENTAL APPLICATION, PART III - REQUIRED ATTACHMENTS, & PART IV — NARRATIVE ,
9. SEE ATTACHED SHEETS
PART V — CERTIFICATION
10. 1 certify that the information on this application
and the required
attachments are true and correct to the best of my knowledge.
• April 15, 2010
PROPERTY OWNERS SIGNATURE
DATE
Notes:
FILE #
DATE FEE PAID
RECEIVED BY
Amount
Receipt No.
Hearing Date
•
PETITION NO. 10-01
CITY OF YAKIMA, WASHINGTION
PETITION TO VACATE STREET OR ALLEY
To the City Council of the City of Yakima, Washington.
Comes now the undersigned petitioners and, pursuant to RCW Chapter 35.79, now
respectfully show:
The. undersigned petitioners request that the following described street, alley or portion
thereof, locatedin the City of Yakima, be vacated pursuant to RCW 35.79 (provide legal
description below, or attach to petition if lengthy). See attached
Each of the undersigned petitioners is the owner of an interest in real estate abutting on the
above-described area. The undersigned petitioners constitute owners of more than two-thirds
of said abutting property.
Wherefore, petitioners pray that proceedings be heard hereon for the vacation of said area in
the manner prescribed by RCW Ch. 35.79.
JEM Development Real Estate, Inc 402 E Yakima E, Yakima, WA 98901
Owner' Address
S� y ._....... ✓e ( ,� 4/15/ 10 50%
�L
�ignature ci / Date Ownership
Naches Hotel, LLC 402 E Yakima E, Yakima, WA.98901
Owner.----) .� Address
..1 1/6 -- - "IA 4/15/ 10 50%
Signature Date Ownership %
Owner Address
Signature
Date Ownership %
(if there are more property owners than what is room for please attach a separate list of property owners abutting
the right-of-way to be vacated as well as their address, percentage of frontage on the right-of-way, and signature
with date and the total ownership percentage of the property owners participating in this vacation)
CORRECTED
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No *17
For Meeting Of. April 20, 2010
ITEM TITLE Public Hearing Set Date - Right -Of -Way Vacation Petition No 10-01
SUBMITTED BY Michael Morales, Director of Community Economic Development
CONTACT PERSON / TELEPHONE Bruce Benson, Supervising Planner, 575-6042
SUMMARY EXPLANATION
The Yakima Mall Holding Co LLC has submitted a petition requesting the vacation of a
portion of the public right-of-way for E "A" Street adjacent to the Yakima Mall You are
being asked to set May 27, 2010 as the date for the open record public hearing before
the Hearing Examiner
Resolution X Ordinance_ Contract Other (Specify)
Funding Source
APPROVAL FOR SUBMITTAL.
City Manager
STAFF RECOMMENDATION Adopt resolution setting the date of public hearing for
May 27, 2010
COUNCIL ACTION
RECEIVED
APR 1 3 2010
CITY OF YAKIMA
PLANNING DIV.
LEGAL DESCRIPTION
8' R/W VACATION ALONG SOUTH SIDE OF "A" STREET
That portion of the right of way for East "A" Street fronting along the northerly
lines of Blocks 70 and 90, and said northerly lines extended across the vacated
rights of way of the alleys and N. 41" Street therein, Town of North Yakima, now
Yakima, according to the Plat thereof recorded in Volume "A" of Plats, page 10,
and re-recorded in Volume "E" of Plats, page 1, Records of Yakima County,
Washington described as follows:
Beginning at the Northeasterly corner of said Block 90; thence S 71° 32' 47" W
along the southerly right of way line of said East "A" Street and said right of way
line extended across said vacated rights of way to the Northeasterly corner of Lot
23, Block 70 of said Plat; thence N 18° 27' 13" W a distance of 8.00 feet; thence
N 71° 32' 47" E to the point of intersection with the northerly extended easterly
line of said Block 90; thence southeasterly along last said extended east line to
the point of beginning.
DOC.
INDEX