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HomeMy WebLinkAbout02-21-2006 ITEM VIII-B-4CITY OF,. s �ittl V �T AGENDA BILL APPROVAL FORM V WASHINGTON Agenda Subject: Date: Resolution No. 3979 February 8, 2006 Department: Attachments: Budget Impact: Public Works Resolution No. 3979, staff report, $ 0 petition, and maps Administrative Recommendation: City Council adopt Resolution No. 3979. Background Summary: Resolution No. 3979 fixes a time for a public hearing on March 20, 2006, on the petition from Canyon Partners/Ian Elliot C/O The Sherwood Group for vacation of a Portion of Iowa Drive located west of 59th portion Ave S, and in addition another portion of Iowa Drive east of 56 S and south of Parcel 3751600725 (Street Vacation No. V-04-04). W0221-5 03.9 VO4-04 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES:' ® Building ® M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. I ❑ Finance ® Parks ❑ Human Services ❑ Planning & CD ®Fire ®Planning ❑ Park Board ®Public Works ® Legal ® Police ❑ Planning Comm. ❑ Other ® Public Works ❑ Human Resources Action: Committee Approval: ❑Yes []No Council Approval: ❑Yes []No Call for Public Hearing Referred to Until —/—/— Tabled Until _/_/_ Councilmember: Wagner Staff: Dowd Meeting Date: February 21, 2006 Item Number: VII1.B.4 AUBURN * MORE THAN YOU IMAGINED RESOLUTION NO. 3979 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RECEIVING A PETITION FOR VACATION AND SETTING A PUBLIC HEARING TO CONSIDER THE VACATION OF A PORTION OF IOWA DRIVE, LOCATED WEST OF 59TH AVENUE SOUTH; AND IN ADDITION, ANOTHER PORTION OF IOWA DRIVE EAST OF 56TH AVENUE SOUTH AND SOUTH OF PARCEL 3751600725 WITHIN THE CITY OF AUBURN, WASHINGTON WHEREAS, the City of Auburn, Washington has received a petition signed by owners of at least two-thirds (213) of the property abutting the portion of Iowa Drive, located west of 59th Ave S, and in addition; another portion of Iowa Drive east of 56th Ave S and south of Parcel 3751600725, located within the City of Auburn, Washington, requesting that the same be vacated; and, WHEREAS, pursuant to Section 35.79.010 of the Revised Code of Washington, a hearing on such vacation shall be set by Resolution, with the date of such hearing being not more than sixty (60) days nor less than twenty (20) days after the date of passage of such Resolution. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That a hearing on the vacation of a portion of Iowa Drive, located within the City of Auburn, Washington, legally described as follows: A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER SECTION 23, TOWNSHIP 21 NORTH. RANGE 4 EAST OF THE WILLAMETTE Resolution No. 3979 February 1, 2006 Page 3 MERIDIAN, KING COUNTY, WASHINGTON, AND LYING WITHIN JOVITA HEIGHTS, ACCORDING TO PLAT THEREOF RECORDED IN VOLUME 20 OF PLATS, PAGE 12, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF IOWA DRIVE AS DEDICATED IN SAID PLAT OF JOVITA HEIGHTS LYING EAST OF THE EAST MARGIN OF 56TH AVENUE SOUTH, AS VACATED UNDER CITY OF AUBURN ORDINANCE NO. 3630 AND WEST OF THE WEST MARGIN OF 59TH AVENUE SOUTH, AS VACATED UNDER CITY OF AUBURN ORDINANCE NO. 3630. and as shown on the document attached hereto, marked as Exhibit "A' and incorporated herein by this reference, is hereby set for 7:30 p.m. on the 20th day of March, 2006, at the City Council Chambers at 25 West Main Street, Auburn, Washington, 98001, with all persons wishing to speak to the vacation at the public hearing being invited to attend. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation, including posting notice of such public hearing as required by State law and City Ordinance. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. DATED and SIGNED this day of 2006. CITY OF AUBURN PETER B. LEWIS Mayor Resolution No. 3979 February 1, 2006 Page 3 Attest: Danielle E. Daskam, City Clerk Resolution No. 3979 February 1, 2006 Page 3 EXHIBIT A LEGAL DESCRIPTION IOWA DRIVE R.O.W. VACATION A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER SECTION 23, TOWNSHIP 21 NORTH, RANGE 4 EAST OF THE WILLAMETTE MERIDIAN, KING COUNTY, WASHINGTON, AND LYING WITHIN JOVITA HEIGHTS, ACCORDING TO PLAT THEREOF RECORDED IN VOLUME 20 OF PLATS, PAGE 12, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF IOWA DRIVE AS DEDICATED IN SAID PLAT OF JOVITA HEIGHTS LYING EAST OF THE EAST MARGIN OF 56T" AVENUE SOUTH, AS VACATED UNDER CITY OF AUBURN ORDINANCE NO. 3630 AND WEST OF THE WEST MARGIN OF 59TH AVENUE SOUTH, AS VACATED UNDER CITY OF AUBURN ORDINANCE NO. 3630. K:1SurveAYr_20031203191\203191 EXHIBIT050511.doc 203191EXHIBIT050511.doc '- VALLEY HWY------- WESTL(lC� — a0 VNOOIVnV (31VOVA)NrH169 tlNOOItl 40 A110 nenV jo A110 L — 1 t'p���� '�,S C�p•p,95 A, � N�p0 V T, 0.,1 ' Q �pp ti o N I orsc •aal _I Nan ur I 0 N O O N II VN00-1V 30 Allo 0 di A1Nno0 ONIN� 0 7 7 N Q Q 7 Q I Q7 / '3Ab' H19S L� i0NiA I _T T- T IT F1 I F IT T T L9 orsc •aal _I Nan ur I 0 N O O N II VN00-1V 30 Allo 0 di A1Nno0 ONIN� 0 7 7 N Q Q 7 Q I Q7 / '3Ab' H19S L� i0NiA I _T T- T IT F1 I F IT T T �1 rl �Pl orsc •aal _I Nan ur I 0 N O O N II VN00-1V 30 Allo 0 di A1Nno0 ONIN� 0 7 7 N Q Q 7 Q I Q7 / '3Ab' H19S L� i0NiA I _T T- T IT F1 I F IT T T STAFF REPORT Street Vacation Number V-4-04 Applicant: Canyon Partners/Ian Elliot C/O The Sherwood Group Property Location: Portion of Iowa Drive, located west of 59th Avenue South, and in addition; another portion of Iowa Drive east of 56'" Ave S and south of Parcel 3751600725 Proposal: Explanation of applicant's proposal (map attached) The applicant has initiated a request for the street vacation of a portion of Iowa Drive, a piece of right- of-way currently not being used for roadway purposes. A later request for additional vacation is being processed under the same number. What does the applicant feel is gained by the vacation? If this portion of right-of-way is vacated this piece of right-of-way will go to the ownership of the abutting parcels and then be used to expand the Storm Water Detention System proposed for a development under the application of Cornerstone Homes and Development, Jovita Heights Preliminary Plat. The development has received preliminary plat approval. What does the applicant feel is lost by denial of the vacation? Redevelopment of the abutting properties would be hindered by the existence of City right-of-way which would limit flexibility in the design and construction of a Storm Water Detention System, allowing the large housing development. Advertising/Posting: The legal advertising and posting requirements will be met when the vacation's scheduled for a Public Hearing. Applicable Policies & Regulations: • RCW's applicable to this situation - meets requirements of RCW 35.79. • MUTCD standards - not affected by this proposal. • City Code or Ordinances - meets requirements of ACC 12.48. • Comprehensive Plan Policy - Per the Comprehensive Plan, the objective of the City is `to retain and preserve existing right-of-way, and identify and acquire new right-of-way as needed to achieve the City's objectives." Policy TR -44 from the Comprehensive Plan states, "The City will preserve and protect existing right-of-way through the issuance of ROW Use permits and franchise and public way agreements, by monitoring and responding to right-of-way encroachments and safety impacts, and by limiting vacations of public right-of-way." • City Zoning Code - not affected (zoned "C-3, Heavy Commercial"and "RS, Single Family Residential). The parcels surrounding this right-of-way are zoned "Heavy Commercial" and "RS, Single Family Residential. The proposed Storm Water Detention System to be developed is for the proposed Jovita Heights preliminary plat, which is currently zoned as "RS, Single Family Residential". Public Benefit: The vacation of this portion of right-of-way will add to the property taxes for the land, and allow greater flexibility in the design and construction of the Storm Water Detention System for a large housing development. Discussion: The vacation application was circulated to Puget Sound Energy, Comcast, and Qwest. • PSE, Qwest and Comcast have no issues with the proposed vacation. No private utility easement was requested. The amended ROW vacation application was circulated to City staff with the following comments: A section of stream runs along the base of Iowa Drive. Preliminary studies indicate that this stream may be classified as either a Class II or III stream. Class III requires, at the very least, a 25' buffer on both sides of the stream above the high water mark. While the vacation will provide more flexibility in the design and construction of the Storm Drainage System for the plat, it is not necessary. Although it is desirable to have direct valley access, due to the terrain the right of way encompasses, it is not practical for a direct route connecting the west end of Iowa Drive to the valley floor. Assessed Value: RCW 35.79 and ACC 12.48 allow the City to be compensated up to one-half the appraised value of the area vacated. In the event the property or portions thereof were acquired at public expense, or has been part of a dedicated public right-of-way for twenty five years or more, compensation may be required in an amount that does not exceed the full appraised value of the area vacated. (Per RCW 35.79.030) The right-of-way was acquired by the Plat of Jovita Heights on July 10, 1911. Volume 20 of Plats, page 12. Recommendation: Staff recommends that if the street vacation is granted it needs to be subject to the following conditions: Maintain access to the stream along the base of Iowa Dr. from W, Ave S Establish a 25' buffer on either side of stream with respect to the vacated right of way. (See attached map) W0221-513 EWE PETITION FOR VACATION OF STREET To the Honorable Mayor and Members of the City Council City of Auburn 25 W. Main Street Auburn, WA 98001.4998 Gentlemen: We, the undersigned, being owners of two-thirds or mo of the rppl property abutting that portion of land designated as public street right-of-way known as and more particularly described as follows: SEE EXHIBIT "B" Do hereby petition your Honorable Body to vacate said portion of right-of-way hereinabove described. Name Address Date AIW Z 3 ZSl (oO/ / 9C-07 6 IQS/gtJ,�il v.AA o --oS U -a 6 W; .e 4 s -� S N1j/,j1ALLL0 /z' - 1�D3 -2 o �a- 37�110©01l 3-1s~ r Gaon r APPLICATION NO.: REF. HAFORMS%FE005 (REV 5/03) FEE: $250.00 i400� SI T.R.# f ST S S S 3 MT VIEW CEMETERY VAC SUPE RMALL }� ST --o 15th ,— BOUNDARY BLVD O� lith AVE � N � 4S 6 - 10tb.al AVEN dI 10th —AVE- Rh VE / h z AVE - N_ Rh 8th N 4 h� 7th AVE AVE N OLr,1 w 3rd SN 1{ of l d m 1'I I PROPOSED STREET VACATION V-4-04 QUARTER SECTION SW23-21N-04E AUBURN LEGEND WAS HIND ION NOT TO SCALE PARCEL VICINITY --_.._..__ CITY LR9TS RIVER f 55TH AVE S Ll 'Se'Tn AVP r N W K O 0 A 0 ro s d O N % ct N O O I A 1 A y i troij o � y x 0 o� z� miO Cm O d VI y O C b .P f 55TH AVE S Ll 'Se'Tn AVP 0 U r K 0 0 ro 0 U