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HomeMy WebLinkAbout3400• • ORDINANCE NO. 3 4 0 0 AN ORDINANCE of the City of Port Angeles, Washington, vacating a portion of Nantucket Avenue, Port Angeles, in Clallam County, Washington. WHEREAS, a petition is on file with the City of Port Angeles to vacate the east 20 feet of Nantucket Avenue abutting Lot 7 - 13, Block 4, in Campbell's Addition to the Townsite of Port Angeles, Clallam County, Washington; and WHEREAS, Council finds that the vacation should be the east 25 feet of Nantucket Avenue; 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. 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 portion of Nantucket Avenue is hereby vacated: The east 25 feet ofNantucket Avenue abutting Lot 7 - 13, Block 4, in Campbell's Addition to the Townsite of Port Angeles, Washington, all in Clallam County, Washington. -1- • • Section 2 - Conditions. The attached Condition, Findings and Conclusions, identified as Exhibit "A," hereby are adopted and incorporated herein. Section 3 - Compensation. A. No compensation shall be required. Section 4 - Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum. 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 18 t h day of May, 2010. ATTEST: fsa Hurd, City Clerk APPROVED AS TO FORM: r William E. Bloor, City Attorney PUBLISHED: May 2 3 , 2010 By Summary Exhibit A: Conditions, Findings & Conclusions Exhibit B: Map G:ILEGALI ORDINANCES &RESOLUTIONS\ORDINANCES.2010110 - Nantucket Avenue. 042710.wpd - 2 - MAYOR EXHIBIT "A" Condition, Findings, and Conclusions in Support of Street Vacation Petition - STV 10 -02 MUNKEBY 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 a quit claim deed for the right -of -way. Findings: 1. A petition requesting vacation of right -of -way platted as Nantucket Avenue abutting Lots 7 — 13, Block 4, Campbell's Addition was submitted by abutting property owner Dorothy Munkeby on March 1, 2010. The area was platted in 1890, and was annexed into the City in 1961. The right -of -way is 60' wide. 2. RCW 35.79 requires that a petition for vacation of right -of -way shall be signed by two thirds of the abutting property owners to be considered valid. The petition is signed by the abutting property owner of the entire east one -half of right -of -way. The west one -half of right -of -way is owned by the Port Angeles School District. The School District is not interested in seeking vacation but does not oppose the petition action. 3. The abutting subject property (Munkeby) is zoned RS -7 Residential Single Family, as are properties north of the site. Franklin School (west of the site) is zoned Public Buildings and Parks, and the Crestwood Convalescent Center and Laurel Assisted Living community are located further east of the Munkeby property. Properties south of the subject site are zoned RS -9, Residential Single Family. 4. Development in the RS -7, Residential Single Family zone requires minimum 20' front and rear yards, 13' side yards abutting streets (right -of -way), and a minimum 7' interior side yard setbacks. The existing encroachment by the Munkeby residence into the Nantucket Avenue right -of -way is approximately 12' 5. Campbell's Addition was filed as a County plat in the late 1890's. Not all rights -of -way in early plats were developed and some were considered vacated by statute if undeveloped by 1906. Encroachments exist where individual surveys were not performed prior to construction decades later in areas where rights -of -way were not apparent. This is such a case. 6. The City's Public Works and Utilities, Fire, and Community and Economic Development Department staff reviewed the petition. No objections or concerns were raised as a result of the review. Public Works and Utilities staff commented that vacation of a portion of the east one half of the right of way will not present any transportation or utility issues as the remaining one half of the right -of -way is available for development. The Port Angeles Fire Department noted that emergency access will not be hindered by the proposed vacation. There are no utilities in the portion of right of way being requested for vacation. Condition, Findings, and Conclusions Munkeby STV 10 -02 May 18, 2010 7. The City's Comprehensive Plan and Land Use Map were reviewed for consistency with the proposed vacation of right -of -way. Land Use Element, Map Goals, Policies, and Objective Element Goal A is relevant to the proposal. 8. Residential properties south of the Munkeby property that were platted with secondary access via Nantucket to Lauridsen Boulevard will continue to have access through the remaining west portion of Nantucket Avenue in the event of future short plat action. Those properties currently access from Park Avenue; however, it is possible that access to Lauridsen Boulevard will be desired for the Lannoye and Ratzman properties immediately south of the Munkeby property. The City's subdivision regulations contained in Title 16 of the Port Angeles Municipal Code require that new lots created in the City have access to an improved City street. 9. Reviewing City Departments (Public Works and Utilities, Fire, and Police Departments) indicated no cause for concern in this matter. 10. Nantucket Avenue is a platted 60' right -of -way. Reduction of the right -of -way by vacation to eliminate the encroachment and provide a minimum side yard setback abutting a street (25') will reduce the remaining right -of -way width to 35'. Only two properties south of Nantucket Avenue require access to Lauridsen Boulevard via the remaining right -of -way (Lannoye and Ratzman properties). 11. The City's standing policy has been to vacate unopened right -of -way without requiring compensation when inadvertent encroachments exist either due to errors caused by no survey or survey inaccuracies, or where it is uncertain if statute actions apply, in an effort to assist property owners in clearing title to their properties. Staff recommended that no compensation should be applied to this matter based on that history. 12. The vacating of a street is categorically exempt from a State Environmental Policy Act (SEPA) review per Section 197 -11 -800 (2) (h) of the Washington Administrative Code. 13. The site was posted regarding the proposed land use action on April 1, 2010, with legal publication appearing in the Peninsula Daily News on March 31, 2010. No written comments were received during the public notification period that ended on April 14, 2010. 14. Consolidation of the right -of -way with the abutting property into one building site following vacation can be accomplished by filing a Zoning Lot Covenant. 15. The Port Angeles City Council set a public hearing date for action on the street vacation petition by Resolution on April 6, as May 4, 2010. The site was posted for public hearing by the City Council on April 13, 2010. 16. The Port Angeles Planning Commission held a public hearing on the proposed street vacation on April 14, 2010, and recommended approval. Condition, Findings, and Conclusions Munkeby STV 10 -02 May 18, 2010 Conclusions: A. Vacation of the requested portion of the east right of way will not prevent access to properties in the area for emergency purposes, nor will the proposed vacation result in a change in daily service needs to existing properties. B. No compensation is justified in this vacation request. The action does not increase the buildability of the abutting property but allows the property owner to clear title to her property and provides a conforming side yard setback adjacent to a street as is prescribed in the Port Angeles Municipal Code for the RS -7 zone. C. The vacation will place unneeded property on the City's tax roles and is therefore in the public interest. D. As conditioned, site consolidation will appropriately combine the vacated right -of -way with the abutting property into one building site. E. The proposal is consistent with the goals and policies of the City's Comprehensive Plan specifically Land Use Map Goal, Policies and Objective Element Goal A. F. Properties south of the right -of -way will retain use of the west one -half of the right -of -way for future use. Adopted by the Port Angeles City Council at its meeting of May 18, 2010. Dan DiGiulio, Mayor STV 10 -02 Munkeby Previous vacation E] Proposed vacation N