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HomeMy WebLinkAboutReg 2004-12-06 Item 6 - Public Hearing - Street Vacation of Maule Avenue South (John Radovich, Petitioner)CAS NUMBER: REF 04-161 SPONSOR'S SUMMARY REVIEWED BY COW Mtg. Utilities Cmte DATE: RECOMMENDATIONS: SPONSOR /ADMIN. COMMI I"I EE Fund Source: Comments: COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by 1 Mayor's review _Con !review 11/15/04 MC 12/6/04 MC AA. ..6- 1 1 ITEM INFORMATION 1 ORIGINAL AGENDA DATE: NOVEMBER 15, 2004 AGENDA ITEM TITLE Public Hearing for the Street Vacation of a portion of Maule Avenue South from South 143 Place to South 143 Street. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date Mtg Date Mtg Date 11/15/04 Mtg Date Mtg Date Mtg Date 12 /6/04 Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal PAR Police P1V Public hearing for the street vacation of a portion of Maule Avenue South, from South 143"' Place to South 144 Street. RCW 35.79.010 requires a public hearing to consider vacating public right -of -way. This is the last section of Maule Avenue South to be vacated. CA &P Cmte Arts Comm. F &S Cmte Parks Comm. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED MTG. DATE I RECORD OF COUNCIL ACTION 11/15/04 I Approved Resolution 1564, setting public hearing for December 6, 2004 12/6/04 1 ITEM NO. MTG. DATE 1 ATTACHMENTS 12/6/04 1 Staff Report with vicinity maps dated November 16, 2004 1 Petition 1 Resolution setting date of Public Hearing for December 6, 2004 Petition Review by Departments 1 Notice to Surrounding Property Owners (Address list available at City Clerk) RCW 35.79 Streets Vacation 1 Minutes from 11/15/04 Council Meeting Transportation Cmte Planning Comm. CONTENTS STREET VACATION Maule Avenue South TAB Staff Report 1 Vicinity Map 2 Petition 3 Resolution 4 Petition Review by Department 5 Notice Sent to Surrounding Property Owners of Upcoming Public Hearing 6 RCW 35.79 Street Vacation 7 Council Minutes of November 15, 2004, Meeting Setting Public Hearing 8 NOVEMBER 2004 HEARING DATE: NOTIFICATION: APPLICATION: REQUEST: LOCATION: ZONING DISTRICT: STAFF: ATTTACHMENTS: STAFF REPORT TO THE TUKWILA CITY COUNCIL Prepared November 16, 2004 December 6, 2004 Petition for Vacation of Street filed by the Property Owner John C. Radovich Vacate portion of the right -of -way for Maule Avenue South A portion of the right -of -way for Maule Avenue South between South 143 Place and South 144 Street. Commercial /Light Industrial (C /LI) Bob Giberson, Acting City Engineer 1. Staff Report 2. Vicinity Map 3. Petition 4. Resolution 5. Petition Review by Department 6. Notice Sent to Surrounding Property Owners of Upcoming Public Hearing 7. RCW 35.79 Street Vacation 8. Council Minutes of November 15, 2004, Meeting Setting Public Hearing Staff Report to the Tukwila City Council November 16, 2004 FINDINGS VICINITY /SITE INFORMATION Proiect Description The area of Maule Avenue South between South 143 Place to South 144 Street will be vacated by the City of Tukwila and traded to John C. Radovich for a 20.00 foot wide parcel along the frontage of Interurban Avenue South from South 143` Place to South 144 street. The vacated right -of -way for Maule Avenue South will be incorporated into Mr. Radovich's existing property fronting Interurban Avenue South. Mr. Radovich is also the property owner of the parcel abutting the east margin of Maule Avenue South between South 143 Place to South 144 Street. Existing Development Maule Avenue South is 20 feet of right -of -way. It is paved. This is the last section of Maule Avenue South to be vacated. Surroundina Land Use To the north, east, and south of Maule Avenue South it is zoned commercial /light industrial. Across the street on the other side of Interurban Avenue South it is zoned regional commercial mixed. To the north, south, and east the existing land use is light commercial. On the other side of Interurban Avenue South is mixed commercial and singlefamily residence use (RCM). Terrain Veaetation The existing roadway is almost flat. The area between Maule Avenue South and Interurban Avenue South is also flat with very little grade change. The ground cover is grass and low shrubs with cherry trees planted along the right -of -way on Interurban Avenue South. Public Facilities Notice of Petition and field reconnaissance have identified the presence of the following utilities: Tukwila public sanitary sewer line, Puget Sound Energy for electricity, and Qwest Telecommunications. BACKGROUND At the present time, the area of proposed street vacation is developed street between South 143 Place and South 144 Street. The current zoning is commercial /light industrial. The area to be vacated on Maule Avenue South is 5853 SF The area along Interurban Avenue South Mr. Rad ovich will exchange with the City is 5878 SF The net difference is 25 SF No appraisal was performed for the right -of -way of Maule Avenue South being vacated or for Mr. Radovich's frontage along Interurban Avenue South as both parcels are near equal in size and similar value. The 20.00' frontage along Interurban Avenue South is required for future improvements planned for Interurban Avenue South in the 2005 CIP. A petition for the vacation of Maule Avenue South was filed with the City on October 27, 2004 (see Tab 3 At the City Council meeting on November 15, 2004, Resolution No. 1564 was adopted to set the date of December 6, 2004, for a Public Hearing to consider the proposed vacation (see Tab #4). Following the adoption of Resolution No. 1564, City staff posted the site of the proposed street vacation and notified property owners in the immediate vicinity regarding the Public Hearing and pending petition. A sample notice letter is provided under Tab #6. Notices of Petition for Vacation of Street were also sent to all potentially affected City departments and other non -city utilities. The responses received thus far to these Notices are included under Tab #5. DECISION CRITERIA The procedures for street vacation are set forth in RCW 35.79.010 and reiterated in TMC 11.60 (see Tab #6). Except in those cases involving right -of -way adjacent to a body of water, there are no defined criteria for deciding whether or not to grant a street vacation. In the absence of defined criteria, the City Council must consider the public interest relative to the existing and future needs for public facilities such as utilities or roadway improvements on the proposed vacation area. All street vacations granted to private property owners must include compensation to the granting jurisdiction for the vacated property. The compensation is presented as a condition to granting the vacation. The City Council's options in deciding on a proposed street vacation are limited to the following: 1. deny the proposed street vacation, or 2. grant the street vacation with conditions (at the very least, conditions must include compensation to the City for the vacated property). CONCLUSIONS 1. Public utilities exist in the area proposed for vacation. There are two options available: The utilities can remain in place and the applicant may grant access to them by use of an easement, or the utilities can be relocated at the petitioner's expense. 2. The proposed vacation is not adjacent to a body of water. SUMMARY Should council decide in favor of the vacation request, it is recommended that the following condition be included: 1. The existing utilities in the area of proposed vacation should either remain in place with an easement provided to the respective utility or be relocated at the petitioner's expense. Maule Avenue Street Vacation Vicinity Map Street Vacations along Maule Avenue Vicinity Map TO THE TUKWILA CITY COUNCIL: 1. The undersigned petitioners hereby request vacation of the following described property located in the City of Tukwila: (Provide legal description. If legal description is long, please attach. Attach a site plan of the area to be vacated.) Maule Avenue from Southerly margin of South 143' Place to the Northerly margin of S 144` Street 2. The names and addresses of ALL property owners butting follows: (do not include City -owned property) Owner Name Property Address (print) (John C. Radovich 6275 S 143r Place 6275 S 143r Place 'John C. Radovich PETITION FOR VACATION OF STREETS PURSUANT TO RCW 35.79 on the property to be vacated are as 3. Petitioner signatures. Only owners of property abutting the street to be vacated may petition. For the petition to be valid, the signers must account for at least 2/3 of the property, by length, abutting the right -of -way: (do not include City -owned property) Owner Name Property Address Total frontage (signature) r) 4 .1 i (feet) John C. Radovich t 75 S 143r Place 1 287.36 John C. Radovic, 75 S 143r Place 1 298.03 I 4. In accordance with Resolution 1499, the $1200 fee for street vacation has been received. DATE RECEIPT NO. CLERK SIGNATURE t 2. c� L ./—../A 1 J IL 1L12` /C Total frontage (feet) 287.36 298.03 WHEREAS, the owner of the property abutting the right -of -way has petitioned to vacate Maule Avenue from South 143r Place to South 144' Street; and WHEREAS, RCW 35.79.010 requires setting a public hearing by resolution; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUICWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. A public hearing upon the vacation of Maule Avenue from South 143' Place to South 144' Street shall be held before the Tukwila City Council in the City Council Chambers at Tukwila City Hall, 6200 Southcenter Blvd., Tukwila, Washington, on December 6, 2004, which is not less than 20 nor more than 60 days from the date of passage of this resolution, at which time all persons interested in said right -of -way vacation are invited to appear and be heard. Section 2. The City Clerk is directed to post written notice of pendency of the public hearing in three public places in the City of Tukwila and in one additional conspicuous place on the right -of -way sought to be vacated at least 20 days prior to the date set for hearing. PASSED BY THE CITY COUNCIL OF THE CITY QQF TUKWILA, WASHINGTON, at a Regular Meeting thereof this 15 day of /A 2004 A'1 AUTHENTICATED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUICWILA, WASHINGTON, FIXING THE TIME FOR A PUBLIC HEARING FOR VACATION OF MAULE AVENUE FROM SOUTH 143 PLACE TO SOUTH 144 STREET. E. Cantu, CMC, City Clerk APPROVED AS CO oe By: Of If c of thsreifMttorney Filed with the City Clerk: 1 1. 1 Passed by the City Council: 11 15 64 Resolution Number 1 n10 STR VAC-MAULE AVE -743RD 71- 04.DOC CIty of Tukwila Washington Resolution No. 1 LD 14- #4, Jim Haggerton, Council President DATE: I Street Name Or I Number: Description of Property Being Vacated: Kroll Map Page Petitioner's Name And Address: C e A D0 vi Z AYe -it 2e,c) /IL:X.41A. /541/1 L.J4 g (To RESPONSE: Address your comments to: Public Works Department City TukWila .6300 Southcenter Blvd. Suite 100 Tukwila, WA 98188 Maule Avenue from Southerly margin of South 14.3` Place to the Northerly margin of 5 144' Street isA A u LE VE U4CATIoni ra Notice of Petition for Vacation of Street 1 A _s our1-4 Qtr: 1 Sec: I Twn: 03 A/ 1 Rge: 1 16 23 Please Respond By: Public Hearing Date: tr- c, Your comments may be limited to the following, if applicable: O We have no objection to the vacation. O We have utilities in the right-of-way O We require easement prior to vacation. ST 45 7 4 N, Th 1 ST I ST T ST lOSFH _FOS CR_ pk 4 s S300 1441r1 JPATk INN.- N S ow SOUTNCENTER 0 S q1.13 Sour I:400 3- 0 449TH ST S 150111 ST ,LIOT ST r 'JO RN D' T ST CRYSTAL T •Lt FRIAGS 1 i ".elli;0 4 :1; itiSY ii sr Public Works Development Engineering/Forms/Approved/Notice of Petition 41 Is LEG 6 Signature: Title i -;-f REVIEW REQUESTED OF: 'IS1 Mayor's Office 0 King County TSI, Planning Dept. Puget Sound Energy 13 Public Works Dent. 0 Seattle Citv Light I 1 Parks/Rec. Deot. OWEST Ica Fire Deot. 0 Water Dist. MI Police Deot. 0 Sewer Dist. 0. co r r ("14 0l PALL i ,f A S 33110 Si lTiTre e 134n. Ve• 4 "co s 135TH ST tiOA, ST V 5 F D P84I BLACK -RIVE)? RIPARIAN FQREST PINY .1\ s TN m ■---L,uhr-s BAKER 4 BM a S City of Tukwila Depaitntent of Public Works James E Morrow, P.E., Director DATE: November 18, 2004. TO: City of Tukwila Property Owners FROM: Public Works Department City of Tukwila Attached is the Notice of Petition for Vacation of Street initiated by the City of Tukwila. This notice informs local property owners of the proposed right -of -way vacation by the City and of the public hearing on December 6, 2004, at City Hall Council Chambers. The City conducts the public hearing to provide residents an opportunity to voice any concerns or present any issues associated with this vacation. Should you have questions prior to the public hearing, you may direct them to Mike Cusick, Senior Engineer, at 206- 431 -2441. Michael P. Cusick, P. Steven M. Mullet, Mayor RCW 35 79 CHAPTER Page 1 of 3 RCW SECTIONS Chapter 35.79 RCW STREETS VACATION 35.79.010 Petition by owners Fixing time for hearing. 35.79.020 Notice of hearing Objections prior to hearing. 35.79.030 Hearing Ordinance of vacation. 35.79.035 Limitations on vacations of streets abutting bodies of water Procedure. 35.79.040 Title to vacated street or alley. 35.79.050 Vested rights not affected. RCW 35.79.010 Petition by owners Fixing time for hearing. The owners of an interest in any real estate abutting upon any street or alley who may desire to vacate the street or alley, or any part thereof, may petition the legislative authority to make vacation, giving a description of the property to be vacated, or the legislative authority may itself initiate by resolution such vacation procedure. The petition or resolution shall be filed with the city or town clerk, and, if the petition is signed by the owners of more than two- thirds of the property abutting upon the part of such street or alley sought to be vacated, legislative authority by resolution shall fix a time when the petition will be heard and determined by such authority or a committee thereof, which time shall not be more than sixty days nor less than twenty days after the date of the passage of such resolution. [1965 c 7 35.79.010. Prior: 1957 c 156 2; 1901 c 84 1, part; RRS 9297, part.] RCW 35.79.020 Notice of hearing Objections prior to hearing. Upon the passage of the resolution the city or town clerk shall give twenty days' notice of the pendency of the petition by a written notice posted in three of the most public places in the city or town and a like notice in a conspicuous place on the street or alley sought to be vacated. The said notice shall contain a statement that a petition has been filed to vacate the street or alley described in the notice, together with a statement of the time and place fixed for the hearing of the petition. In all cases where the proceeding is initiated by resolution of the city or town council or similar legislative authority without a petition having been signed by the owners of more than two-thirds of the property abutting upon the part of the street or alley sought to be vacated, in addition to the notice hereinabove required, there shall be given by mail at least fifteen days before the date fixed for the hearing, a similar notice to the owners or reputed owners of all lots, tracts or parcels of land or other property abutting upon any street or alley or any part thereof sought to be vacated, as shown on the rolls of the county treasurer, directed to the address thereon shown: PROVIDED, That if fifty percent of the abutting property owners file written objection to the proposed vacation with the clerk, prior to the time of hearing, the city shall be prohibited from proceeding with the resolution. [1965 c 7 35.79.020. Prior: 1957 c 156 3; 1901 c 84 1, part; RRS 9297, part.] RCW 35 79 CHAPTER Page 2 of 3 RCW 35.79.030 Hearing Ordinance of vacation. The hearing on such petition may be held before the legislative authority, or before a committee thereof upon the date fixed by resolution or at the time said hearing may be adjourned to. If the hearing is before such a committee the same shall, following the hearing, report its recommendation on the petition to the legislative authority which may adopt or reject the recommendation. If such hearing be held before such a committee it shall not be necessary to hold a hearing on the petition before such legislative authority. If the legislative authority determines to grant said petition or any part thereof, such city or town shall be authorized and have authority by ordinance to vacate such street, or alley, or any part thereof, and the ordinance may provide that it shall not become effective until the owners of property abutting upon the street or alley, or part thereof so vacated, shall compensate such city or town in an amount which does not exceed one -half the appraised value of the area so vacated. If the street or alley has been part of a dedicated public right -of -way for twenty -five years or more, or if the subject property or portions thereof were acquired at public expense, the city or town may require the owners of the property abutting the street or alley to compensate the city or town in an amount that does not exceed the full appraised value of the area vacated. The ordinance may provide that the city retain an easement or the right to exercise and grant easements in respect to the vacated land for the construction, repair, and maintenance of public utilities and services. A certified copy of such ordinance shall be recorded by the clerk of the legislative authority and in the office of the auditor of the county in which the vacated land is located. One -half of the revenue received by the city or town as compensation for the area vacated must be dedicated to the acquisition, improvement, development, and related maintenance of public open space or transportation capital projects within the city or town. [2002 c 55 1; 2001 c 202 1; 1987 c 228 1; 1985 c 254 1; 1969 c 28 4. Prior: 1967 ex.s. c 129 1; 1967 c 123 1; 1965 c 7 35.79.030: prior: 1957 c 156 4; 1949 c 14 1; 1901 c 84 2; Rem. Supp. 1949 9298.] RCW 35.79.035 Limitations on vacations of streets abutting bodies of water Procedure. (1) A city or town shall not vacate a street or alley if any portion of the street or alley abuts a body of fresh or salt water unless: (a) The vacation is sought to enable the city or town to acquire the property for port purposes, beach or water access purposes, boat moorage or launching sites, park, public view, recreation, or educational purposes, or other public uses; (b) The city or town, by resolution of its legislative authority, declares that the street or alley is not presently being used as a street or alley and that the street or alley is not suitable for any of the following purposes: Port, beach or water access, boat moorage, launching sites, park, public view, recreation, or education; or (c) The vacation is sought to enable a city or town to implement a plan, adopted by resolution or ordinance, that provides comparable or improved public access to the same shoreline area to which the streets or alleys sought to be vacated abut, had the properties included in the plan not been vacated. (2) Before adopting a resolution vacating a street or alley under subsection (1)(b) of this section, the city or town shall: RCW 35 .79 CHAPTER Page 3 of 3 (a) Compile an inventory of all rights of way within the city or town that abut the same body of water that is abutted by the street or alley sought to be vacated; (b) Conduct a study to determine if the street or alley to be vacated is suitable for use by the city or town for any of the following purposes: Port, boat moorage, launching sites, beach or water access, park, public view, recreation, or education; (c) Hold a public hearing on the proposed vacation in the manner required by this chapter, where in addition to the normal requirements for publishing notice, notice of the public hearing is posted conspicuously on the street or alley sought to be vacated, which posted notice indicates that the area is public access, it is proposed to be vacated, and that anyone objecting to the proposed vacation should attend the public hearing or send a letter to a particular official indicating his or her objection; and (d) Make a fording that the street or alley sought to be vacated is not suitable for any of the purposes listed under (b) of this subsection, and that the vacation is in the public interest. (3) No vacation shall be effective until the fair market value has been paid for the street or alley that is vacated. Moneys received from the vacation may be used by the city or town only for acquiring additional beach or water access, acquiring additional public view sites to a body of water, or acquiring additional moorage or launching sites. [1987 c 228 2.] RCW 35.79.040 Title to vacated street or alley. If any street or alley in any city or town is vacated by the city or town council, the property within the limits so vacated shall belong to the abutting property owners, one -half to each. [1965 c 7 35.79.040. Prior: 1901 c 84 3; RRS 9299.] RCW 35.79.050 Vested rights not affected. No vested rights shall be affected by the provisions of this chapter. [1965 c 7 35.79.050. Prior: 1901 c 84 4; RRS 9300.] City of Tukwila City Council Regular Meeting Minutes Page 2 of 6 November 15, 2004 d. Accept as complete the Cascade View Community Park construction contract with Rodarte Construction, Inc.; authorize release of retainage subject to the standard claim and lien release procedures. e. Project Completions 1. Accept as complete the Duwamish Park Playground Equipment project with Northwest Playground Equipment; authorize release of retainage subject to the standard claim and lien release procedures (Final cost $38,976.78) 2. Accept as complete the Crystal Springs Park Playground Purchase and Installation project with Sitelines Park and Playground Products; authorize release of retainage subject to the standard claim and lien release procedures (Final cost $49,153.07). DUFFIE MOVED; HERNANDEZ SECONDED; TO APPROVE THE CONSENT AGENDA AS PRESENTED. The motion carried 6 -0. UNFINISHED BUSINESS: a. A resolution setting a public hearing for request for vacation of a portion of Maule Avenue from South 143' Place to South 144 Street A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, FIXING THE TIME FOR A PUBLIC HEARING FOR VACATION OF MAULE AVENUE FROM SOUTH 143 PLACE TO SOUTH 144T" STREET Jim Morrow, Director of Public Works, noted John Radovich is the applicant for this proposed street vacation. The proposed public hearing date is December 6, 2004. HERNANDEZ MOVED; DUFFIE SECONDED; TO HAVE THE PROPOSED RESOLUTION READ BY TITLE ONLY. The motion carried 6 -0. Shelley Kerslake, City Attorney, read the title of the proposed resolution. DUFFIE MOVED; HERNANDEZ SECONDED; TO ACCEPT THE PROPOSED RESOLUTION AS READ. The motion carried 6 -0. APPROVED RESOLUTION #1564. b. An ordinance providing uniform guidance to employees and elected officials on ethical issues. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A CODE OF ETHICS FOR CITY EMPLOYEES, FORMER CITY EMPLOYEES, AND CITY OFFICIALS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE DUFFIE MOVED; HERNANDEZ SECONDED; TO READ THE PROPOSED ORDINANCE BY TITLE ONLY. The motion carried 6 -0. Shelley Kerslake, City Attorney, read the title of the proposed ordinance. HERNANDEZ MOVED; ROBERTSON SECONDED; TO ADOPT THE PROPOSED ORDINANCE AS READ.* Ms. Kerslake reported the proposed ordinance has been reviewed and approved by the Finance and Safety Committee and the Committee of the Whole. Additionally, the City's bargaining units have reviewed it. Those units made suggestions, which were incorporated into the proposed ordinance. *Vote The motion to adopt the proposed ordinance as read carried 6 -0.