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Home My WebLink About03-20-2006 ITEM II-A-2CITY OF AGENDA BILL APPROVAL FORM WASHINGTON Agenda Subject: Date: Conduct Public Hearing on Street Vacation V-04-04 March 15, 2006 Department:Attachments: Budget Impact: Public Works Staff Re ort and ma $ 0 Administrative Recommendation: City Council to conduct public hearing on Street Vacation V-04-04. Background Summary: This Street Vacation V-04-04 from Canyon Partners/ an Elliot CIO The Sherwood Group, is requesting a portion of Iowa Drive located west of 59th Avenue South, and in addition; another portion of Iowa Drive east of 56th Ave S and south of Parcel 3751600725. 03.9 V-04-04 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ 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 _/_1_ Referred to Until _I / Tabled Until _!_!_ Councilmember: Wagner Staff: Dowd Meeting Date: March 20, 2006 Item Number: II.A.2 AUBURN *MORE THAN YOU IMAGINED 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. The City may seek compensation for this vacation of up to the full appraised value of the area vacated. 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 56`h Ave S Establish a 25' buffer on either side of stream with respect to the vacated right of way. (See attached map) H:1Street Vacations120041V-4-04 Staff Report.doc Ci 6thST NW ;11 -- t 5th lit 31r4 2nd PT % s 32 WEST.- �- _ ,...MAIN AM ... -L-s. 11:5 MT. VIEW CEMETERYII� 2, �gj 617 CAN; Vol w. S 336th - S - T Oth St s1w a S4, SUPERMALL !s 3 A,� I M77 IT ----air...-__ICASRjr,� P T P R P'VOASCE D 16th sw gad -�AVZ N AVE —AVE �.1 2nd, SAYE —8 PROPOSED STREET VACATION V-4-04 1100F . QUARTER SECTION SW23-21N-04E AUBURN LEGEND "I WASfil\(; ION NOT TO SCALE - PARCEL VICINITY ------ CITY LIMITS RIVER DIC*iiY] & BOUNDARY BLVD 4� T111th \S AVE N k/ 1346th�_ vi VE AN loth AVE 1348th 9th N �9TH ST 8th _Ave N -w S -- �--ZIP04-�T 23 NI isT. 7th 24� vI E,4 j ou AVE N IN�USTRIAL I.5th- �1VEtN— s s :9 -Ayr _y 1 —4UP, 4 3rd 14AYZso, 11� Z gad -�AVZ N AVE —AVE �.1 2nd, SAYE —8 PROPOSED STREET VACATION V-4-04 1100F . QUARTER SECTION SW23-21N-04E AUBURN LEGEND "I WASfil\(; ION NOT TO SCALE - PARCEL VICINITY ------ CITY LIMITS RIVER a , . . K % k \ Ya\ VV VJ (-Gi JJr JIIC\'VVVV Y♦ I�V� aaJ Vc\• • tea.—• VV— —r • . PETITION FOR VACATION OF STREET 1 To the Honorable Mayor and Members of the City Council City of Auburn 25 W. Main Street Auburn, WA 98001.4988 r• - Gentlemen: We, the undersigned, being owners of two-tMrds or mom of the rAa) properly abutting that portion of land designated as pubic street fight of -way known as, and more pardculerty described as follows: SEE EXHIBIT r®• Do hereby petition your Honorable Body to vacate said portion of right-ot way hereinabove described. APPLICATION NO.: REF. HAFORMS%FE005 (REV 5103) 7s/6aui�-'/z FEE: $250.00 -2 U" F3 T.R.# S La + c__ A ��.Llt ♦ r. • �. V ] it APPLICATION NO.: REF. HAFORMS%FE005 (REV 5103) 7s/6aui�-'/z FEE: $250.00 -2 U" F3 T.R.#