HomeMy WebLinkAbout2513ORDINANCE NO. 2513
AN ORDINANCE of the City of Port Angeles
vacating the undeveloped street
commonly identified as the Eighth /Tenth
Crossover Drive, the alley in Blocks 253
and 254, "H" Street between Eighth Street
and the 9/10 alley, Ninth Street between
"G" Street and "I" Street, and superseding
Ordinance No. 2393.
WHEREAS, there are petitions on file with the City of
Port Angeles to vacate the undeveloped streets identified as the
Eighth /Tenth Crossover Drive, the alley in blocks 253 and 254,
TPA; "H" Street between Eighth Street and the 9/10 alley; and
Ninth Street between "G" Street and "I" Street; and
WHEREAS, the requirements of Chapter 43.21C RCW, the
State Environmental Policy Act, have been met and a public hearing
has been held by the City Council following public notice pursuant
to Chapter 35.79 RCW; and
WHEREAS, said vacation appears to be of benefit to and
in the interest of the public; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT
ANGELES as follows:
Section 1. Vacation. Subject to the terms and
conditions of this Ordinance, the following described streets and
alley are hereby vacated:
"H" Street between Eighth Street and the 9/10 alley;
Ninth Street between "G" Street and "I" Street; the
arterial street commonly known as the Eighth /Tenth
Crossover Drive, from Eighth Street to the 9/10 alley;
and the alley in Blocks 253 and 254, TPA.
Section 2. Compensation. Pursuant to RCW 35.79.030,
the compensation required for the vacation of these streets and
alley is as set forth in the attached Exhibit "A ".
Section 3. Easement Reserved. Pursuant to RCW
35.79.030, the City of Port Angeles hereby retains an easement
over the vacated streets and alley for the construction, repair
and maintenance of public utilities.
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Section 4. Quit Claim Deed. Upon compliance with the
terms and conditions of this Ordinance, the owner of abutting
i.roperty entitled to the vacated streets and alley, pursuant to
i•CW 35.79.040, may present a quit claim deed to the City of Port
ngeles for execution by the Mayor, who is hereby authorized and
.irected to execute such quit claim deed. Such quit claim deed
shall include all reservations, conditions, or other
qualifications upon the title established by this Ordinance.
Section 5. Pursuant to Chapter 43.21C RCW, the vacation
of these streets and alley is conditioned as set forth in the
attached Exhibit "B ".
Section 6. This Ordinance shall supersede Ordinance No.
2393.
Section 7. Effective Date. This Ordinance shall be
effective only upon the satisfaction of the terms and conditions
of this Ordinance, and the Clerk is hereby directed to file,
record and publish this Ordinance upon that satisfaction.
PASSED by the City Council of the City of Port Angeles
at a regular meeting of said Council held on the 15th day of
November, 1988.
ATTEST: M A Y O R
adi
Aichelle N. Maike, City Clerk
APPROV
AS TO FO :
Craig D.
s. , City At orney
PUBLISHED: 11/18/88
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EXHIBIT "A"
GUND PLAZA PROJECT STREET AND ALLEY VACATION COMPENSATION
The vacating of streets and alleys in the two -block area amounts
to 173,275 square feet of real property. Based upon assessment
rolls and actual sales of real estate in the vicinity, the cost
per square -foot is determined to $1.12 per sq.ft. (173,275 X
$1.12 = $194,068). According to code, the compensation is for a
base price of $97,034 or $0.66 per square foot.
1. Given the community need for this project and the special
topographical and geological problems connected with this
piece of property, a credit shall be given to the developer
of $40,000 if the following conditions are met:
A. Obtaining construction financing for a portion of the
146 unit project consisting of at least 60 residential
units and supporting or related commercial development
by December 31, 1988.
B. The developer shall donate land at Eighth and "I"
Streets for traffic modification in accordance with the
Public Works Department's preliminary design of the
necessary improvements and legal description of the
property required from the developer.
C. The developer shall provide off -site drainage improve-
ments from the westerly edge of the development to the
drainageway south of Tenth Street along the "K" Street
alignment and beyond to the natural waterway in the
10/11 alley west of "K" Street. It is projected that
this will require a 24" pipe.
D. Run -off flows from the site shall be restricted to 6.2
cubic feet a second.
E. The developer shall construct and maintain an adequate
on -site retention pond to prevent excessive stormwater
in heavy rains. The City may assist with the mainten-
ance of the site's storm drainage system (except the
retention pond) if the system is placed along utility
easements accessible by the City's maintenance crews.
2. The developer shall pay to the City the $40,000 credit if
the above conditions are not met by the December 31, 1988,
date.
3. In consideration of the fact that existing storm drain
systems discharge onto the site without benefit of leaving
the site, the amount of the compensation is further reduced
by $15,000 in order to alleviate and accommodate drainage
through the site from the east part of the site to the west
part of the site.
4. The developer shall pay the remaining $35,926.86 to the City
of Port Angeles at the time that property title is trans-
ferred from the City to the developer.
Exhibit B
(1) In order to
reduce the impact cn local hydrology and the City store water system, the
development shall incorporate the storm water retention catch basin, oil/
water separator and other facilities deemed necessary by the City Public
works Department, which shall have the capacity to retain the storm water
runoff at the pre - development level of the site; (2) Fire hydrants and
other fire prevention facilities be prcvided in accordance with ISO
Standards, the Uniform Fire Cade and tha City Fire Dep y _trent, (3) To
reduce light and glare, aloe, land use conflicts between and
commercial use, and to decrease visual impacts of the development, a
natural landscape buffer, utilizing the existing native trees and shrubs,
shall be provided to a depth cf at least 50 feet from the rights -of -way of
Eighth Street, "G" Street, "I" Street and along the north line of the 9/10
alley. An easement for a landscape buffer shall be granted and filed with
the County Auditor, noting that the maintenance of said landscape buffer
shall be the responsibility of the property owner; (4) In order to mitigate
the impacts of light and glare of development on adjacent residential
areas, low -Flare high pressure sodium lights with cut -off switches and
directed away from adjacent residential properties, shall be used wherever
feasible in all outdoor fixtures. To further reduce light and glare, the
landscape planting shall be incorporated into all parking lots, in residual
areas and the parking strip along the Eighth /Tenth Crossover, and in the
traffic median island at the intersections of the Crossover with Eighth and
Tenth Streets; replacing (5) withi-hat `suzficient idroperty be added on the
southeast corner of "I" and Eighth in order to make the intersection a free
right turn; (6) To provide for the safety of pedestrians in the vicinity,
sidewalks shall be installed by the petitioner on the south side of Eighth
Street, the east side of "I" Street and the west side of "G" Street
adjacent to the subject parcel. Marked pedestrian crossings across these
streets shall be installed in accordance with the requirements of the City
Public Works Department.
Condition No. 7 that if the project is not undertaken within a two -year
period, the right -of -way be returned to the City.
I\!!',3 that the southeastern portion be senior citizen housing and the northwest
area of the two -block site be the commercial site.
MEMORANDUM
November 10, 1988
TO: City Council
FROM: City Attorney
RE: Gund Plaza Street Vacation Ordinance
ISSUE: Should the City Council adopt a revised street vacation
ordinance for the Gund Plaza project?
BACKGROUND /ANALYSIS: Since the Gund Plaza project was initially
proposed in 1981, the City Council has considered two ordinances
vacating portions of rights -of -way within the project perimeter.
The first ordinance did not include a compensation amount; how-
ever, the second ordinance, which was adopted on May 20, 1986,
did include compensation for all of the street rights -of -way
vacated in both ordinances.
One of the conditions of the compensation agreement, which was
attached to the second ordinance (Ordinance No. 2393), included a
provision that the conditions be met by December 31, 1988.
Despite the fact that the HUD financing process has taken the
applicant a year longer than expected, most of the compensation
conditions have been met. Three weeks ago the applicant
deposited with the City a check in the amount of $35,926.86.
Storm drainage work, as required by Section 1.0 of the compen-
sation agreement as set forth in Exhibit "A" to Ordinance 2393,
has been accomplished. In fact, pursuant to a subsequent
agreement with the City, as approved by the Real Estate Com-
mittee, additional storm drainage work was done, in recognition
of which fact the compensation amount has been reduced from
$42,034 to the amount that the applicant has already paid.
Additionally, the developer has donated the land required in
order to comply with Condition 1.B and has constructed the
retention pond necessary to comply with Condition 1.E.
With regard to Condition 1.A, which requires at least 60 resi-
dential units and supporting or related commercial development to
be completed by December 31, 1988, the developer has submitted
the attached letter from Dean Amdahl indicating the anticipated
progress of construction by the required date. The lengthy HUD
financing process has apparently precluded the applicant from
constructing the project earlier. Requiring construction
financing rather than completion of sixty units would allow for
performance of the condition and take into account the financing
delay.
The proposed ordinance, as attached, would accomplish the above -
mentioned changes in the original ordinances and still be con-
sistent with the apparent intent of the original compensation
conditions.
CONCLUSION: In order to complete the process of vacating the
street rights -of -way necessary for the Gund Plaza development
construction to begin, the Council could adopt the attached
ordinance, which revises the compensation conditions while
attempting to maintain the Council's original intent as
understood by staff and the project proponent.
Craig Knutson
City Attorney
CDK:LM
Attachments
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GUND PLAZA
CONSTRUCTION OFFICE
November 10, 1988
RECEIVE
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City of Port Angeles
P. 0. Box 1150
Port Angeles, Washington 98362
AT'T'ENTION: CRAIG D. KNUTSON, CITY ATTORNEY
RE: CONSTRUCTION SCHEDULE FOR PARK VIEW VILLA AT GUND PLAZA
Dear Mr. Knutson:
At the request of Mr. Downie I have projected construction status on Park
View Villa as of December 31, 1988, assuming a start date of 11/18/88 as
follows:
In addition to earthwork and drainage lines already completed, foundations,
elevator shaft hole and pit, under slab plumbing and electrical and partial
slabs on all three buildings will be complete. In addition one set of garages
and carports, site electrical distribution system and partial site water dis-
tribution will be complete.
If you have any questions, please call.
Sincerely, / /
Dean W. Amdal
Construction Manager
DWA:ra
cc: Paul Carr
Pat Downie
Douglas B. Lloyd
Dave Flodstrom
1502 West 8th St.
Port Angeles, WA 98362
(206) 452 -4536