HomeMy WebLinkAboutITEM II-A-1
*
AGENDA BILL APPROVAL FORM
Agenda Subject: Date:
Conduct Public Hearina on Street Vacation V-02-05 June 7, 2006
Department: I Attachments: Budget Impact:
Public Works Staff Report, maps, and petition $0
Administrative Recommendation:
City Council to conduct Public Hearing on Street Vacation V-02-05.
Background Summary:
This Street Vacation V-02-05 from Kona Kai II, LLC, is for vacation of a portion of D Street SE located
between 23rd Street SE and 25th Street SE, and between Parcels 1921059104 and 1921059103.
W0703-7
03.9 V02-05
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
o Arts Commission COUNCIL COMMITTEES: o Building o M&O
o Airport o Finance o Cemetery o Mayor
o Hearing Examiner o Municipal Servo o Finance o Parks
o Human Services o Planning & CD o Fire o Planning
o Park Board ~Public Works ~ Legal o Police
o Planning Comm. o Other Public Works o Human Resources
Action:
Committee Approval: OYes ONo
Council Approval: OYes ONo Call for Public Hearing _1-1-
Referred to Until _1_1-
Tabled Until _1-1-
Councilmember: Waaner I Staff: Dowdy
Meetina Date: Julv 3, 2006 I Item Number: 11.A.1
AUBURN * MORE THAN YOU IMAGINED
STAFF REPORT
Street Vacation Number V-02-05
Applicant: Kona Kai II, LLC
Property Location: Portion of D 8t 8E between 23rd and 25th 8t 8E
Proposal:
EXDlanation of applicant's proposal (map attached).
Vacate a portion of D 8t 8Elying between 23rd 8t 8E and 25th 8t 8E and betWeen Parcels 1921059104
and 1921059103.
What does the applicant feel is qained bv 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 bv 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 25th 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 Com cast 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 management 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.
W0703-7 A
w
(/)
+>
OJ
OJ
~
+>
(/)
~tn
CO
01
-- (\J
+>0
dl
U>
d
>
+>
OJ
OJ
~
+>
(/)
w
(/)
II ~
d
u
'"
~
IT
.,.
o
...Jc;\
Win
uS
~(\J
<(1\
0.._
U-
e5
"-
+'
(I)
~
.
o
i~
i;:
~^O:O
"
III .,.
GI S
fi (1\
C L In
L GI S I
:3_ 2-o..(\J
J:l d L...J(I\
~&Q.....J~
I
I
I
I
I~I
VJI
r, I
"...., l
I
I
, I
~J
i~
+W
*,
eN
""1' ~;:\
~i
I.
N
~
3S
'+S
t)
L L E
ClJ ClJ L
-P 3: 0
d ClJ-P
:5C/)C/)
~
w
(/)
o
CL
o
~
CL
~
z
o
I--t
I-
<[
U
<[
>
lfl
CJ)
C
--
o
---/
:::s
~
z
o:Q
0<
u.otu
~<~
:E>~
t-O~
as ~w ~
- LL~
~ O~
~ ~
a..
i I
w
(1)1
I
~
I
w
z*m
~
~
t(3[
"
N
..fD
G>.
~
~
3S ~eeJlS .:f
.6L'6C!€- 3..CS H. OON-
~
.LL.6t)E
reoc
I
a
-
~
- {;,I
~
- 'q
4D fB
~ !!!VJ~
d!. ~~J
lRl
~ m:e
~
~ -: 3SlS Cl
0
0
.......
II
,
orl
-
a
Kl
ILl
....
p w
tR ..J
. <(
~ u
(j)
U
H
I
a.
<(
0:
CJ
3S ~ae.qs () ~
"
, la60E
. ~a6ZE M. 60 "0
. .to'.~
o
o
(ll
o
o
C\J
o
o
...-r
o
Cxh;b/1- B
THE WEST 25 FEET OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF
THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECnON 19,
TOWNSHIP 2J NORTH, RANGE 5 EAST OF THE WILLAMETIE MERIDIAN.
LOCATED IN TIlE CITY OF AUBURN, KING COUNTY, WASHINGTON.
03/0112006 11:01 FAX 253 931 3053
To the Honorable Mayor and
Members of the City Council
City of Auburn
25 W. Main Street
Auburn, WA 98001-4998
Gentlemen:
AUBURN ENGINEERING DEPT
PETITION FOR VACATION OF STREET
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 'J,L.{SS f ~'(. JlN~,J w~
and more particularly described as follows: I
SEE EXHIBIT "8"
Do hereby petition your Honorable Body to vacate said portion of right-of~way hereinabove
described.
Name
APPLICATION NO.:
MAR 01,2006 12:30
Address
FEE: $250.00
253 931 3053
Date
T.R.#
@002/002
Page 2