Vacation Staff Report
STAFF REPORT
City of Yelm
Community Development Department
To: Mayor Rivas Yelm City Council
From: Grant Beck, Director of Community Development
Date: October 2, 2003
Subject: Street Vacation - Cherry Meadows
Issue
Don Findley, D&D Associates, LLC, has requested the vacation of an unopened public right-of way as part of his application for preliminary approval of a subdivision of approximately
40 acres into 202 single family lots.
Background
Cherry Meadows is a proposed 202 lot subdivision located between Cullens and Killion Roads and just south of the proposed 510|507 Loop corridor. In order to apply for the subdivision,
the applicant purchased a small strip of land located south of the proposed Loop corridor and north of an unopened 40 foot City right-of-way connecting Cullens and Killion Roads in order
to provide an open space buffer between the proposed development and the future 510|507 Loop.
The Community Development Department has recommended the Hearing Examiner approve the proposed subdivision with the condition that the Council vacates the unopened right-of-way. The
hearing on the proposed subdivision was held on October 6, 2003.
The unopened right-of-way is not on the Six Year Transportation Improvement Plan, nor identified in the Transportation Comprehensive Plan as a potential project for construction. The
unopened right-of-way does not align with any other east-west streets. The construction of a street within the unopened right-of-way would require additional dedication of land from
the adjoining property owners.
The construction of a connecting street between Cullens and Killion would be a benefit to traffic flow as there is currently no connection between these Roads other than Yelm Avenue
(SR 507). However, the subdivision will construct a through street constructed to City standards and dedicated to the public as part of the development. This street will fulfill the
same benefits as a street constructed in the unopened right-of-way with no public expenditure.
Chapter 35.79 RCW states that the City Council can require that the abutting property owners compensate the city in an amount which does not exceed one-half the appraised value of the
area vacated. The Community Development does not recommend compensation in this
particular situation because a through street will be provided as part of the development which replaces the vacated right-of-way.
Recommendation
The Community Development Department recommends the City Council approve the vacation of the unopened City right-of-way between Cullens and Killion Roads subject to the final subdivision
approval of phase I of the subdivision of Cherry Meadows (SUB-03-8340-YL) and the construction of the subdivision street which connects Cullens and Killion Roads.
CITY OF YELM
ORDINANCE NO. 791
AN ORDINANCE vacating unopened street right-of-way between Cullens Road and Killion Road in a portion of the West ½ of Section 13, Township 1 North, Range 1 East W.M. and transferring
title to such property accordingly.
WHEREAS, a petition has been filed bearing the signatures of the owners of two-thirds of the property abutting the right-of-way described below; and
WHEREAS, the Yelm City Council has held a duly advertised public hearing regarding the request and finds that such vacation would be in the public interest;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YELM, WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. That the portion of the unnamed, unopened right-of-way in the W ½ of Section 13, Township 1 North, Range 1 East, W.M. lying between the easterly right-of-way line of Cullens
Road and the westerly right-of-way line of Killion Street, Thurston County, Washington is hereby vacated.
Section 2. That title to said right-of-way shall vest in the owners as of the date of final subdivision approval by the City Council of the Cherry Meadows subdivision.
Section 3. That a copy of this Ordinance shall be recorded by the City Clerk with the Auditor of Thurston County.
Section 4. This Ordinance shall be effective November 6, 2003, being a date no less than five days following publication.
PASSED and signed in authentication on this 22rd day of October, 2003
______________________________
Adam Rivas, Mayor
Attest:
_____________________________
Agnes P. Bennick, City Clerk
Passed and Approved: October 22, 2003
Published: Nisqually Valley News, October 31, 2003