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HomeMy WebLinkAbout3378• • ORDINANCE NO. 3378 AN ORDINANCE of the City of Port Angeles, Washington, vacating a portion of Vine Street abutting Lot 11, Block 11, Puget Sound Cooperative Colony's 2nd Addition to the Townsite of Port Angeles, in Clallam County, Washington. WHEREAS, a petition is on file with the City of Port Angeles to vacate a portion of Vine Street abutting Lot 11, Block 11, Puget Sound Cooperative Colony's 2nd Addition to the Townsite of Port Angeles, Clallam County, Washington; and WHEREAS, street vacations are categorically exempt from the requirements of the State Environmental Policy Act (SEPA) rules as set forth in WAC 197- 11- 800(2)(h); and WHEREAS, 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; and WHEREAS, the City Council finds that the right -of -way never has been opened or used by the public, and considering all circumstances, that no compensation should be charged to the adjoining owners; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN as follows: Section 1 - Vacation. Subject to the terms and conditions of this Ordinance, the following right -of -way, as depicted on Exhibit "A," is hereby vacated: The east 30' of Vine Street abutting Lot 11, Block 11, Puget Sound Cooperative Colony's 2 ❑d Addition to the Townsite of Port Angeles, all in Clallam County, Washington. -1- • Section 2 - Condition. Petitioners' property, identified as tax parcel #0630105011150000 and located at 509 E. Whidby Avenue, together with right -of -way acquired through this street vacation shall be combined into one building site per Zoning Lot Covenant prior to the issuance of quit claim deeds for the right -of -way. The attached Condition, Findings and Conclusions hereby are adopted and incorporated herein. Section 3 - Compensation. No compensation shall be required from the adjoining owners for the vacation of this street. Section 4 - Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum. Upon satisfaction of the condition stated in Section 2, above, the City Clerk is hereby directed to publish this Ordinance and to file a certified copy with the Clallam County Auditor and the Clallam County Assessor. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 6th day of October, 2009. ATTEST: #,Af Jar sa Hurd, City Clerk APPROVED AS TO FORM:r'( William E. Bloor, City Attorney PUBLISHED: October 14 , 2009 By Summary G:\Legal_ Backup\ ORDINANCES& RESOLUTIONS \ORDINANCES.2009\26- Lucero STV.082509.wpd -2- Lucero Street Vacation STV 09 -01 Legend Building Lucero property Street edge parcel w EXHIBIT "A" CONDITION, FINDINGS, AND CONCLUSIONS IN SUPPORT OF STREET VACATION — STV 09 -01 — LUCERO: Condition: 1. Property owned by the petitioners and right -of -way acquired through the subject vacation shall be combined into one building site per Zoning Lot Covenant prior to the issuance of quit claim deeds for the right -of -way. Findings: 1. A petition requesting vacation of a portion of the Vine Street right -of -way situated immediately north of Whidby Avenue abutting Lot 11, Block 11, Puget Sound Cooperative Colony's Second Addition (PSCC2) to Port Angeles was submitted on June 23, 2009, by property owners John and Cathy Lucero. 2. RCW 58.17 requires the signatures of two thirds of abutting property owners to be valid when the vacation of right -of -way is proposed. The subject petition is signed by 10% of the abutting property owners. 3. The subject area is zoned RS -7 Residential Single Family. The RS -7 zone requires a 13 -foot side yard abutting a street for residential development. The subject area is developed with single family structures and a multiple family apartment along the Lopez /Orcas Alley. 4. PSCC2 was filed as a County plat in the late 1800's. The area was annexed into the City in 1961. Many homes in the subdivision were developed during the first portion of the 20th Century with the subject residence developed in the early 1920's. The Lucero residence was constructed in the mid 1920's and encroaches into the adjacent Vine Street right of way some 10' along the west side of the structure. 5. Historic development in PSCC2 has resulted in many encroachments onto neighboring properties and into rights of way largely due to some initial incorrect surveys and lack of surveys in the area. Vacations of the Vine Street right of way south of Whidby Avenue to Park Avenue have resulted in that entire portion of right of way being vacated between 1979 and 1997. Vacations were approved to allow property owners to clear title to their properties where encroachments occurred. The east one half of Vine Street immediately north of the subject property between Whidby Avenue and Orcas Avenue was vacated in 1987. That vacation is the only one in the area that was not approved to clear title. However, the right of way immediately north of that site, to Orcas Avenue (east portion of Vine Street) was vacated to clear title to property in 1987. The subject right of way is the only portion of the east half of Vine Street between Orcas Avenue and Park Avenue not yet vacated. 6. The City's Public Works and Utilities, Fire, Police, and Community and Economic Development staff reviewed the petition. No objections or concerns were raised as a result of that review. The right of way in this location is 80' in width. Public Works and Utilities staff commented that vacation of the east 30' of the right -of -way will not present any transportation or utility issues. The Port Angeles Fire Department noted that emergency access will not be hindered by the proposed vacation. Community and Economic Development had no issues to report. The Police Department did not comment. 7. Utilities are located in the west one half of the right of way. No utilities are found in the east half of the right of way. 8. The City's Comprehensive Plan and Land Use Map were reviewed for consistency with the proposed vacation of right of way proposal. Land Use Element, Map, Goals, Policies, and Objectives Element Goal A is relevant to the proposal. 9. The Port Angeles City Council's Real Estate Committee met on August 3, 2009, and determined that a minimum value should be established for the unopened right of way based on previous precedent set by vacating other areas of Vine Street for no compensation or $1 to clear unintended encroachments. 10. The vacating of a street is categorically exempt from the State Environmental Policy Act (SEPA) review per Section 197- 11- 800(2)(h) of the Washington Administrative Code. 11. The site was posted regarding the proposed land use action on July 28, 2009, with required publication appearing in the Peninsula Daily News on July 30, 2009. 12. Consolidation of the right -of -way following vacation can be accomplished by the filing of a Zoning Lot Covenant that will combine the vacated property with the abutting lot owned by the Luceros into one building site. 13. At its August 4, 2009, regular meeting, the Port Angeles City Council established a public hearing date by resolution for action on the street vacation petition as September 15, 2009. 14. The Port Angeles Planning commission held a public hearing on the proposed street vacation on August 26, 2009. Following the public hearing, the Commission recommended that the City vacate the unneeded portion of right -of -way to the abutting property owners to clear title to their property. Conclusions: A. Previous vacations of Vine Street between Orcas Avenue and Park Avenue have been approved resulting in the subject location being the only portion of the right of way where the width remains as originally platted - 70'. The City Engineer stated that the full width of right of way is not needed in this location to facilitate either the current or long range transportation planning needs of the City because local traffic will continue to utilize the west one half of the right of way with no change in traffic pattern as a result of the vacation. B. Emergency service providers (Fire Department) indicated that vacation of the east portion of right of way as proposed will not prevent access to properties in the area for emergency purposes or for residential use, nor will such vacation cause a change in access or service to existing properties. C. A history of vacation of rights of way in the underlying subdivision is noted due to historic development and use encroachments into adjacent rights of way and neighboring property lines. Vacation of the subject right of way will allow the petitioners' to clear title to their property and provide a standard side yard setback adjacent to a street as is required in the Port Angeles Municipal Code for the RS -7 zone. Additionally, the vacation will place unneeded property on the City's tax roles, therefore being in the public interest. D. As conditioned, site consolidation will appropriately combine the vacated right of way with adjacent residential property to create a conforming building site. E. The action is consistent with the goals and policies of the City's Comprehensive Plan specifically with Land Use Map, Goal, Policies and Objective Element Goal A. Adopted by the Port Angeles City Council at its regular meeting of October 6, 2009.