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ORDINANCE NO. 34 3 2
AN ORDINANCE of the City of Port Angeles, Washington, vacating
portions of rights -of -way within the Mount Angeles View Housing
Development in Port Angeles, Clallam County, Washington.
WHEREAS, a petition is on file with the City of Port Angeles to vacate portions of
rights -of -way within the Mount Angeles View Housing Development in the Townsite of Port
Angeles; 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;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO
HEREBY ORDAIN as follows:
Section 1 - Vacation. As provided in the terms and conditions of this Ordinance, rights-
of-way within the Mount Angeles View Housing Development in the Townsite of Port Angeles
as attached on Exhibits A and B shall be vacated, subject to the conditions attached as Exhibit
C to this Ordinance.
Section 2 - Conditions. The attached Conditions, Findings and Conclusions, identified
as Exhibit "C," hereby are adopted and incorporated herein.
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Section 3 - Authorization. To effect street vacations provided for in this Ordinance, the
City Manager is authorized to execute quit claim deeds to document street vacations as they
become appropriate in accordance with Exhibit C. Street vacations shall become effective only
after a quit claim deed is recorded and only as to the particular street right -of -way described in
the quit claim deed. The authorization granted to the City Manager herein shall expire five (5)
years after this ordinance becomes effective.
Section 4 - Easement. The City shall reserve a 20 -foot easement over existing utilities
from the vacated streets.
Section 5- Rededication. The Housing Authority of Clallam County (HACC) has title
to the land underlying the streets that are vacated by this ordinance. In the event the HACC fails
to perform any condition stated in Exhibit C, the City may give a notice of default to the HACC,
or to its successor or assign. The HACC, or its successor or assign, shall have 30 days following
such notice to cure or correct such failure. In the event the failure is not cured or corrected, the
HACC, or its successor or assign, shall rededicate to the City those public streets that are vacated
by this ordinance.
Section 6 - Compensation. Pursuant to RCW 35.79.030, compensation is not
required for the rights of way per Condition #1 as identified in Exhibit C.
Section 7 - 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.
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PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the 5th day of July, 2011.
ATTEST:
ti
. fa Hurd, City Clerk
APPROVED AS TO FORM:
William E. Bloor, City ttorney
PUBLISHED:
July 15 , 2011
By Summary
Exhibit A: Legal Description
Exhibit B: Map
Exhibit C: Conditions, Findings & Conclusions
M A Y • R, Dan Di uilio
G \LEGAL \a ORDINANCES &RESOLUTIONS \ORDINANCES 2011\Final Mt AngelesViewHous Dev vacation 03 31 11 wpd
July 5, 2011
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EXHIBIT A
PARCEL A
ALL THOSE PORTIONS OF THE MOUNT ANGELES VIEW HOUSING PROJECT PLAT AS
RECORDED IN VOLUME 4 OF PLATS, PAGE 56, RECORDS OF CLALLAM COUNTY,
WASHINGTON, LYING WITHIN SECTION 10, TOWNSHIP 30 NORTH, RANGE 6 WEST, W.M.
DESCRIBED AS FOLLOWS:
THAT PORTION OF WHIDBY,AVENUE LYING EASTERLY OF THE WEST LINE OF A PARCEL
CONVEYED TO THE HOUSING AUTHORITY OF CLALLAM COUNTY PER WARRANTY DEED
RECORDED JULY 1, 1942 UNDER AUDITOR'S FILE NO. 201344;
THAT PORTION OF LOPEZ AVENUE LYING EASTERLY OF THE CENTERLINE OF EUNICE
STREET AS DEFINED PER THE PLAT OF BROADWAY ADDITION AS RECORDED IN VOLUME
4 OF PLATS, PAGE 2, RECORDS OF CLALLAM COUNTY, WASHINGTON;
THAT PORTION OF FRANCIS STREET LYING SOUTHERLY OF A LINE DRAW FROM THE
NORTHEAST CORNER OF LOT 7 OF SAID MOUNT ANGELES HOUSING PROJECT PLAT, IN AN
EASTERLY DIRECTION, PERPENDICULAR TO, AND TERMINATING ON THE EASTERLY
MARGIN OF SAID FRANCIS STREET;
ALL OF THOSE STREET RIGHT OF WAYS AND ALLEYS WITHIN SAID MOUNT ANGELES
VIEW HOUSING PROJECT PLAT LYING SOUTHERLY OF LAURIDSEN BOULEVARD AND
EASTERLY OF THE EAST MARGIN OF FRANCIS STREET;
SITUATE IN THE COUNTY OF CLALLAM, STATE OF WASHINGTON
EXHIBIT B
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4 "
N
C.C. G.F. MON. ID.
0630011047
DB
PORTIONS OF SOUTH FRANCIS
0
STREET AND ALLEY TO REMAIN
^: ;CITY RIGHT OF WAY,
NE CORNER
LOT 7, MOUNT ANGELES VIEW
HOUSING PROJECT PLAT
EN TERLINE
UNICE ST,
(,)
z
14
74•49 26 L.
0. •
1L17
L1.5
WEST LINE
AF#201344
e.
1
J
fASHON ST
7
L11
tj
LINE
BEARING
LENGTH
L10
S 8949'14" W
55.88'
L11
S 89'49'14" W
51.68'
L12
S 89'49'14" W
62.03'
1.13
S 00'10'46" E
60.00'
L14
N 89'49'14" E
57.83'
1.15
N 86'09'08" W
119.99'
L16
S 03'49'18" W
15.00'
L17
S 86'09'08" E
119.99'
L18
S 03'49'26" W
63.46'
L21
N 02'54'06" E
.30.18'
L22
N 0254'06" E
30.13'
CURVE
RADIUS
LENGTH
DELTA
C13
140.43'
118.96'
48'32'00"
C14 i
220.13'
166.40'
43'18'45"
C15 ,
160.13'
105.13'
37'36'57"
C16 :
200.43'
169.78'
48'32'00"
C17 :
170.43'
144.37'
4832'00"
C18
190.13'
143.05'
48'06'35"
C19 .
190.13'
14.11'
0415'Q5"
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EXHIBIT "C"
Conditions, Findings, and Conclusions in Support of
Street Vacation Petition - STV 11 -01 HOUSING AUTHORITY
Conditions:
1. Rights -of -way will be vacated only as is necessary to support approved future quasi -
judicial land use application(s) for the subject property in a manner concurrent with
completion of approved individual development phases. Rights -of -way vacation shall be
coordinated with each final phase of any approved land use action in a logical manner to
limit disruption of access and service issues to the public.
2. Right -of -Way Use Permits shall be obtained for work in rights -of -way during each
approved construction phase. Work in rights -of -way not adjacent to a subject phase is
not permitted such that at no time shall rights -of -way not abutting a working construction
phase be unavailable for use by the public.
3. To ensure uninterrupted access through the site during construction, a traffic circulation
plan shall be submitted and approved prior to work within City rights -of -way.
4. The vacation of Francis Street will include the reservation of an easement for existing
Public Utility District (PUD) Power Lines per City Ordinance 3090. The developer shall
work closely with the PUD to ensure that no impact to the service provider's provision
ability is caused by construction activities.
IIIFindings:
1. A petition requesting vacation of portions of Lopez and Whidby Avenues and Francis
Street between Lauridsen Boulevard and Park Avenue was submitted to the City of Port
Angeles on January 31, 2011.
2. The procedure for consideration of the vacation of rights -of -way is set forth in 35.79
RCW and requires the signatures of two thirds of abutting property owners to validate a
petition for vacation of right -of -way. State law provides for vacation only to abutting
property owners. The subject petition is signed by the Housing Authority of the County
of Clallam representing 100% of the abutting property ownership.
3. The subject rights -of -way were originally platted in 1916 to provide access to lots within
the Broadway and Dann's Park Addition subdivisions. The subject rights -of -way are
fully developed and largely serve residents and visitors to the Mt. Angeles View
Subdivision that is owned and operated by the Housing Authority of the County of
Clallam (HACC).
4. The HACC is in the process of complete redevelopment of the Mt. Angeles View
Subdivision through a quasi judicialland use application process. Density calculations for
redevelopment of the area are based on land area of the entire site with subsequent
dedication then made for access streets and service corridors and alleys. The subject
vacation is necessary to allow the entire area to be calculated as site area to achieve the
desired density and to facilitate redevelopment. As such, existing rights -of -way that were
dedicated through the original subdivision process (1916) need to be vacated in order to
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Conditions, Findings, and Conclusions
STV 11-01 — HACC
Page I 2
be rededicated. The Housing Authority will be required to, and has agreed to dedicate
new right -of -way as part of an approved land redevelopment action.
5. The HACC redevelopment will be completed in phases. Areas where development is not
occurring for a particular phase must remain accessible to eliminate disruption and
emergency service needs to residents and members of the public who visit the site. If a
particular phase is not accomplished, the Housing Authority shall rededicate existing
right -of -way to serve that area. The City will maintain the right to enforce all general
laws regarding public use of streets and sidewalks and access to utilities during the course
of redevelopment of the vacated rights -of -way.
6. The City's Comprehensive Plan and Land Use Map were reviewed for consistency with
the vacation proposal. Land Use Element, Map Goals, Policies, and Objective Element
Goal A is relevant to the proposal.
7. 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.
8. City departments including Fire, Public Works and Utilities, Building, and Community &
Economic Development, do not oppose the proposed vacations as long as rededication is
consistent with future quasi-judicial approval.
9. The Clallam Transit System (CTS) travels along Eunice Street, immediately west of the
subject location. The proposed vacation and rededication of rights -of -way will not result
in service disruption to CTS. CTS staff indicated that redevelopment of the rights -of -way
is expected to provide more flexibility in service to the area upon rededication.
10. The site was posted regarding the proposed land use action on March 7, 2011. No written
public comment was received with regard to posting for the impending land use action.
11. Pertinent issues analyzed in review of the petition are as follow:
• Traffic Patterns -: Established traffic patterns in the area will change somewhat following
redevelopment of the Mt. Angeles View subdivision because the previous rights -of -way
will be realigned and increased in service area. Completed rights -of -way will be built to
full City standards prior to rededication. Primary access to properties in the area will
continue to be from existing exterior access points (Lauridsen and Eunice Streets) with a
secondary, new access along Francis between Park and Lauridsen Boulevard. Some
interior residences may experience minor disruption during construction for short term
periods but an adequate circulation plan should minimize those events. Ultimate traffic
patterns will be improved by opening a thoroughfare to Park Avenue and providing
calming mechanisms for that through traffic along Francis Street.
• Development Patterns — Reservation of an easement for access to the existing utility
service pole will ensure a utility corridor to access the pole and extend service to
properties in the area if such service is needed in the future.
• Environmentally Sensitive Areas (ESA): No environmentally sensitive areas exist on the
site. The Peabody Creek ravine is located approximately 930 feet east of the location.
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Conditions, Findings, and Conclusions
STV 11 -01— HACC
Page 1 3
• Public Health, Safety and Welfare: The temporary vacation will not affect the public
health, safety, or welfare and will facilitate logical redevelopment and utility
improvement to the subject location which will be a general benefit to the public. The
vacation and subsequent redevelopment of the area includes rights -of -way dedication in
excess of what currently exists, will enable a new through access from Park Avenue to
Lauridsen Boulevard that should enable additional public circulation in the area.
12. Consolidation of the right -of -way with the abutting property following vacation can be
accomplished by the filing of Zoning Lot Covenants such that no remnant or new lots
will be created by the vacation action.
13. By Resolution 05 -11, on March 15, 2011, the Port Angeles City Council established a
public hearing date for consideration of the street vacation petition as May 17, 2011, to
be heard in conjunction with a Planned Residential Development application (PRD 11-
01).
14. The Port Angeles Planning Commission held a public hearing on the proposed street
vacation at a regular meeting conducted on March 23, 2011. The City Council opened a
public hearing on the matter at a regular meeting conducted on April 5 and continued the
matter. The continued public hearing was conducted on May 17, 2011.
Conclusions:
A. Vacation and rededication of the rights -of -way will allow the subject neighborhood to be
fully redeveloped at a density permitted in the Residential Medium Density (RMD) zone
in which the property is located.
B. Vacation of the right -of -way as conditioned will not alter or inhibit the ability to provide
adequate emergency response to the area nor will temporary vacation negatively change
established traffic patterns in the neighborhood.
C. The proposal 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 meeting of July 5, 2011.
Dan DiGuilio, Mayor
sa Hurd, City Clerk
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Summary of Ordinance Adopted by the
Port Angeles City Council
On July 5, 2011
Ordinance No. 3431
This Ordinance of the City of Port Angeles, Washington vacates a portion of 19th Street within
the Airport Industrial Park, Port Angeles, WA.
Ordinance No. 3432
This Ordinance of the City of Port Angeles, Washington vacates portions of rights -of -way within
the Mount Angeles View Housing Development in Port Angeles, Clallam County,
Washington.
Ordinance No. 3433
This Ordinance of the City of Port Angeles, Washington revises Chapter 3.05, of the Port
Angeles Municipal Code relating to Purchasing Policies and Procedures.
The full texts of the Ordinances are available at City Hall in the City Clerk's office, on the City's
website at www.cityofpa.us, or will be mailed upon request. Office hours are Monday through
Thursday, 8:30 a.m. to 4:00 p.m., and Friday 8:30 a.m. to 12:30 p.m. These Ordinances shall
take effect five days following the date of publication by summary.
Publish: July 15, 2011
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Janessa Hurd
City Clerk