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HomeMy WebLinkAbout3420• ORDINANCE NO. 3420 AN ORDINANCE of the City of Port Angeles, Washington, vacating a portion of 7th Street, Port Angeles, in Clallam County, Washington. WHEREAS, a petition is on file with the City of Port Angeles to vacate a portion of 7th Street abutting Lot A of BLA 06 -11, Townsite of Port Angeles, Clallam County, Washington; d 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 RC W; 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 - Adoption By Reference. The attached Conditions, Findings and Conclusions, identified as Exhibit "A," hereby are adopted and incorporated herein. Section 2 - Vacation. Subject to the terms and conditions of this Ordinance, the following portion of 7th Street, as depicted on Exhibit "B," is hereby vacated: That portion of 7th Street abutting Lot. A of BLA 06 -11, Townsite of Port Angeles, Clallam County, Washington. Section 3 - Reservation. The City reserves to itself a perpetual easement over, under, across, and through the north 10 feet in the vacated street right of way for a utility corridor to install, operate, maintain, repair, and reconstruct public utilities in the City's discretion. The City shall have at all times the right to full and free ingress and egress. The City's right to use the • • reserved easement for the above - stated purposes shall be dominant over all other uses. No person or entity shall have the right to erect or place any structure, building, tree, or shrub on the above - described land without the express written permission of the City's Public Works and Utilities Department. The rights herein granted shall inure to the benefit of the City's successors and assigns. Section 4 - Compensation. Pursuant to RCW 35.79.030, compensation required for the vacation of this street is $3.71 per square foot plus the required recording fee. Section 5 - Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum. This Ordinance shall be effective only upon the payment of the required compensation. Upon receiving full payment, 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. If full payment is not received within ninety days of the date of approval, then this ordinance will be deemed to be void and shall have no effect. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 21st day of December, 2010. ATTEST: APPROVED AS TO FO J. sa Hurd, City Clerk William E. Bloor, City Attorney 20 (L PUBLISHED: SiSigiarti 2.3, Wet 44 By Summary Exhibit A: Conditions, Findings & Conclusions Exhibit B: Map G \LEGAL \a ORDINANCES &RESOLUTIONS \ORDINANCES 2010\33 Drake 7th St STV 111710 wpd - 2 - EXHIBIT "A" Conditions, Findings, and Conclusions in Support of Street Vacation Petition - STV 10 -04 DRAKE Conditions: 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. 2. A perpetual easement shall be retained along the north 10 feet of property to provide access to the property to the west of the subject property. Findings: 1. A petition requesting vacation of that portion of 7th Street abutting property owned by Mr. and Mrs. Francis Drake was submitted by the Drakes on September 21, 2010. The Drake's ownership consists of Lot A of Boundary Line Adjustment BLA 06 -11 and Lots 4 and 5, Block 235, Townsite of Port Angeles. 2. RCW 35.79 requires the signatures of two thirds of abutting property owners to be valid when a vacation of right -of -way is proposed. The subject petition is signed by 100°/ of the abutting property owners as the petition identifies only that portion (south) of the 7th Street right-of-way abutting the Drake ownership. 3. The subject area is zoned RS -7 Residential Single Family and PBP Public Buildings and Parks (identifying the sensitive area of the site). The RS -7 zone allows the basic single family development. 4. Seventh Street in this area is a short spur of right-of-way approximately 200 feet in length. The spur serves three properties: the Drake property to the south, the Brown property to the north, and the City of Port Angeles (steep slope) property to the west. The residential properties owned by the Drakes and the Browns also receive direct access from Valley Street and both abut unimproved alleys. The City's ownership to the west consists of a steep slope that will likely not be built upon. The City's ownership can be accessed from Pine Street; however, secondary access is desired to be retained through reservation of an easement in 7th Street in the event of need to access from the east. Other than the Drakes and Browns, there is no need for the public to access the City owned property. The 7th Street right -of -way provides secondary access to the Brown property (from a platting perspective) and primary access to the Drake properties Lots 4 and 5. 5. 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. Intended development of the site is residential and/or open space. 6. The Port Angeles City Council's Real Estate Committee met on October 4, 2010, and concluded with support for the vacation of right of way based on the unlikely need for the public to use the right-of-way. Compensation was set at $3.71 per square foot, which is the current assessed rate of the adjacent properties. 7. The abutting property owners to the north one -half of 7th Street (Browns) are aware of the vacation petition. The Browns previously petitioned to vacate the right-of-way in recognition of their long standing use of the right -of -way as a secondary access to their residence. The Browns are currently using the right-of-way through a Right-Of-Way Use Permit that is renewable on a yearly basis, and are not party to this vacation request. 8. Retention of Vacation of the south one -half of the right -of -way as petitioned will not affect the circulation pattern in the area nor preclude access to the property to the west of the site if conditioned to retain an access easement. 9 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. 10. The site was posted regarding the proposed land use action on November 4, 2010. No written public comment was received prior to the public hearing that was scheduled for a special meeting before the Planning Commission on November 17, 2010. 11. The procedure for consideration of vacation of rights -of -way is set forth in RCW 35.79. 12. Pertinent issues analyzed in review of the petition are as follow: • Traffic Patterns -: Established traffic patterns in the area will not change. Primary access to property west of the site is via Pine Street. An easement reservation can ensure secondary access from 7th Street. • Development Patterns - The proposal will not adversely impact existing or further development in the area. The (City) property immediately west of the right -of -way can be served via a reserved easement along the north portion of the south half of right - of-way subject to vacation. The abutting property owners (Brown) are using the 7th Street right -of- way abutting their property ownership through a Right-Of-Way Use (ROW) Permit. A ROW Permit is renewable year to year and can be revoked if it is determined that continued use is inappropriate. As such, continual personal use of right -of -way without formal vacation is uncertain. • Environmentally Sensitive Areas (ESA): The property immediately west of the site, and perhaps a slight portion of the petitioners' most western property, includes an environmentally sensitive area that is a steep slope. The area contained within the ESA is not subject to this vacation. An appropriate buffer from the toe of the slope will be required for any development near the area. • Public Health, Safety and Welfare: The approximately 200 lineal feet of right -of -way is undeveloped, contains no utilities, and serves no public purpose other than as secondary access to the abutting property that is owned by the petitioner and the City of Port Angeles. 13. Consolidation of the right - of-way with the abutting property following vacation can be accomplished by the fling of Zoning Lot Covenants such that no remnant or new lots will be created by the vacation action. 14. At its October 19, 2010, regular meeting, the Port Angeles City Council established a public hearing date by resolution for action on the street vacation petition as December 7, 2010. 15. The Port Angeles Planning Commission held a public hearing on the proposed street vacation at a special meeting conducted on November 17, 2010, and forwarded a recommendation to the City Council for consideration. Conclusions: A. As conditioned, the vacation will allow abutting property owners to obtain the right -of -way that is currently used as access to their property without changing existing access to abutting properties or use by the public. Vacation of the 7th Street right -of -way as proposed while retaining an easement for future access needs to the City's ownership will not cause an emergency response issue. B. As conditioned, consolidation of the petitioners' property ownerships with the vacated right-of-way is in accordance with expected land management and development policies, and is consistent with development standards of the RS-7 Section 17.10 (RS -7 Zone) of the Port Angeles Municipal Code. Property consolidation will appropriately combine the vacated right -of -way with adjacent property thus avoiding the creation of remnant, nonconforming lots. C. Reservation of an easement will address future access needs to the property to the west that is owned by the City. As the City retains control of the remaining 45 feet of the Seventh Street right -of -way, situated abutting the subject (north) right -of -way, access to abutting properties is not an issue. D. 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. Adopte by the Port Angeles City Council at, its meeting of December 21, 2010. ,7„4 Dan DiGuilio, Mayor sa Hurd, City Clerk