HomeMy WebLinkAbout06-05-2006 ITEM VIII-B-3CITY OF -
WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject:
Date:
Resolution No. 4033
Ma 16, 2006
Department:
Attachments:
Budget Impact:
Public Works
Resolution No. 4033, Staff report,
$ 0
Petition and maps.
Administrative Recommendation:
City Council introduce and adopt Resolution No. 4033 fixing a time for public hearing on Street Vacation
No. V-02-05.
Background Summary:
Petitioner has requested a Street Vacation for a portion of D St SE between 23' St SE and 25'h St SE
lying between Parcels 1921059104 and 1921059103.
Resolution No. 4033 fixes a time for a public hearing on July 3, 2006, on the petition from Real Estate
Management & Development Co., LLC (owners of Kona Kai Apartments), for vacation of a portion of D St
SE between 23rd St SE and 251h St SE. (Street Vacation No. V-02-05).
A Petition for vacation of City right-of-way has been received by the City. City Code requires the Council
to pass a resolution setting a public hearing once a petition is received. The City Council must hold a
public hearing no later than 60 days and no earlier than 20 days from the date that the resolution setting
public hearing is passed. The hearing is a legislative hearing and not a quasi-judicial hearing (the
appearance of fairness doctrine does not apply in this type of hearing). After the Hearing the Council
must act in one of the following ways: vote to approve the vacation and set any appropriate conditions of
such by passing an ordinance or direct the City Attorney to draft an ordinance for future action if one is
not already prepared; deny the request; or remand the request back to a Committee for deliberation and a
future recommendation back to the Council for action.
W0605-7
03.9 V-02-05
Reviewed by Council & Committees:
Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES:
E Building E M&O
❑ Airport ❑ Finance
❑ Cemetery ❑ Mayor
❑ Hearing Examiner ❑ Municipal Serv.
❑ Finance E Parks
❑ Human Services ❑ Planning & CD
E Fire E Planning
❑ Park Board EPublic Works
❑ Legal E Police
❑ Planning Comm. ❑ Other
E 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: June 5, 2006 Item Number: VIII.B.3
AUBURN *MORE THAN YOU IMAGINED
RESOLUTION NO. 4033
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, ACCEPTING A PETITION FOR
VACATION AND SETTING A PUBLIC HEARING TO
CONSIDER THE VACATION OF A PORTION OF D STREET
SE LYING BETWEEN 23RD STREET SE AND 25' STREET
SE AND BETWEEN PARCELS 1921059104 AND
1921059103 WITHIN THE CITY OF AUBURN,
WASHINGTON
WHEREAS, the City of Auburn, Washington has received a petition signed by
owners of at least two-thirds (2/3) of the property abutting the portion of D Street SE ,
located between 23rd Street SE and 25th St SE and between parcels 1921059104 and
1921059103 , 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 D Street :iE , located
within the City of Auburn, Washington, legally described as follows:
THE WEST 25 FEET OF THE SOUTH HALF OF THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER
OF THE SOUTHWEST QUARTER OF SECTION 19,
TOWNSHIP 21 NORTH, RANGES 5 EAST OF THE
----------------------------
Resolution No. 4033
May 30, 2006
Page 3
WILLAMETTE MERIDIAN. LOCATED IN THE CITY OF
AUBURN, KING COUNTY, WAHINGTON
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 3rd day of July, 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. 4033
May 30, 2006
Page 3
Attest:
Danielle E. Daskam, City Clerk
Resolution No. 4033
May 30, 2006
Page 3
STAFF REPORT
Street Vacation Number V-02-05
Applicant: Kona Kai II, LLC
Property Location: Portion of D St SE between 23`d and 25th St SE
Proposal:
Explanation of applicant's proposal (map attached).
Vacate a portion of D St SE lying between 23rd St SE and 25th St SE and between Parcels 1921059104
and 1921059103.
What does the applicant feel is gained by the vacation?
The applicant feels that the vacation would establish better security for apartment tenants by reducing
areas of vandalism and crime, and by developing better community relations with the neighboring
properties. By addressing the security of the neighborhood alone, vagrants would not be allowed to
loiter on the right-of-way and misappropriate occurrences would be eliminated. In addition, it will
provide garages and storage units for tenants and allow for better parking lot movement and access.
What does the applicant feel is lost by denial of the vacation?
The applicant has been maintaining the property for the city to reduce trash buildup and vagrancy. By
not allowing the applicant to fence and maintain the property the area residents will suffer.
At present, the security of the tenants is very important as well as good community relations; by losing
this vacation request, tenants would be impacted.
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.
• City Zoning Code - not affected (zoned R-4 Multiple Family Resident).
• 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."
Public Benefit:
• The area vacated would be subject to property taxes.
• The street vacation would remove the need for maintenance by city staff.
Discussion:
The vacation application was circulated to Puget Sound Energy, Comcast, Qwest and City Staff.
• The City of Auburn has a storm infiltration facility in this ROW that the City needs to maintain
and there may be a need in the future to expand the system.
• The water utility plans to extend a waterline through this ROW from 25'h St SE to 24th St SE.
• The vacation of the ROW would eliminate any ROW frontage for two large lots located to the
west of the proposed vacation. These two lots do not have any other street (ROW) frontage
although the lots to the west are currently part of the developed Utility Vault yard. Because of
the common ownership pattern the lots are currently accessed to A Street SE through other
commonly -owned parcels.
• PSE and Comcast do not have existing systems in the proposed area.
• Qwest has a 200pr buried cable (since 1967) in the proposed area. The easement is a 10' wide
strip of land on the east portion of the described property running north/south. The centerline of
the 10' strip easement is established by the in-place buried telecommunication cable, 5' on
either side of said cable.
Assessed Value:
Per RCW 35.79.030: 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.
The property, a 25' strip of land, was acquired by a Quit Claim Deed to the City of Auburn for $1 by
document V4811 pg. 379 from Monarch Investment Company July 13, 1966.
The City may seek compensation for this vacation of up to the full appraised value of the area vacated
Recommendation:
Staff recommends denial at this time for the following reasons:
1. The City's Police Department has not identified this area as a problem area for vandalism and
crime.
2. If vacated, the property to the west could potentially be land -locked.
3. The applicant has no development application pending associated with this request.
4. There is the potential for the abutting property to the west (Utility Vault) to redevelop in the
future, which would be a better time to consider the use/need for the right-of-way.
5. Given potential redevelopment of the "A" Street SE corridor and access managernent along the
corridor, this right-of-way may become useful as some sort of frontage road.
6. The City may have a future desire to connect 23rd and 25th Streets SE.
7. The City may want to expand the existing storm drainage infiltration facility located in the right-
of-way.
Staff recommends that if the street vacation is approved it needs to be subject to the following
conditions:
1. Retain a public utility easement to include a waterline easement that is 15' wide extending from
25th St SE to 24th St SE. Retain a storm easement for future expansion of the existing system
from 25th St SE to 24th St SE.
2. Retain the existing 10' wide easement for Qwest's 200pr cable, or the applicant may incur the
cost to move the easement of Qwest's telecommunication cable.
FILE: H:IFORMSIFE076.DOC
REF. H:IFORMS1FE076.DOC (12/04)
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 more of the real 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
OlR✓►'�on��
a�s� F s�; 1�6,z�.�, w6
APPLICATION NO.:
FEE: $250.00
T.R.#
MAR 01,2006 12:30 253 931 3053 Page 2
Street Vacation for D Street SE,
adjacent to Parcel # 1921059103
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