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ORDINANCE NO. 3 4 4 7
AN ORDINANCE of the City of Port Angeles, Washington, vacating a
portion of undeveloped alley and street rights of way in Port Angeles,
Clallam County, Washington.
WHEREAS, a petition is on file with the City of Port Angeles to vacate a portion of
the Front /Georgiana Street alley abutting Block 16, and that portion of Georgiana Street abutting
Blocks 7 and 16 in Puget Sound Cooperative Colony's Subdivision, Townsite of Port Angeles,
Washington, as shown on the attached as Exhibit A; 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 City
right -of -way located as described above and as shown on the attached map Exhibit A, shall
be vacated, subject to the condition attached as Exhibit B to this Ordinance.
Section 2 - Condition. The attached Condition, Findings and Conclusions, identified
as Exhibit "B," hereby are adopted and incorporated herein.
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Section 3 - Compensation. Compensation for this alley right of way vacation is an
exchange of property as shown in Exhibit B.
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 5th day of March, 2012.
ATTEST:
sa Hurd, City Clerk
APPROVED AS TO FORM:
William E. Bloor, City A torney
PUBLISHED: March 11 , 2012
By Summary
Exhibit A: Map
Exhibit B: Conditions, Findings & Conclusions
r
MAYOR, Cherie dd
G \LEGAL\a ORDINANCES &RESOLUTIONS \ORDINANCES 2012 \02 Birdwell Street Vacation wpd
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GEORGIANA STREET
EXHIBIT F
TOTAL AREAS IN SQUARE FEET
BIRDWELL TO CITY:
BLOCK 7 = 34, 995.9
LOT 18, BLOCK 8 = 6,999.3
W 9 -FEET LOT 8, LOT 9, BLOCK 16
= 8259.6
LOT 10, LOT 11, BLOCK 16 = 6250.1
(ESA = 37,595.6, NON ESA =18,909.2
TOTAL = 56,504.8
CITY TO BIRDWELL:
GEORGIANNA = 16,342.8
ALLEY, BLOCK 16 = 3,929.3
(ESA = 92, NON ESA = 20,180.1)
TOTAL = 20,272.1
ENVIRONMENTALLY
SENSITIVE AREA
047E 2/16/12
6,999.3 SF ESA
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8,259.6 SF
(8,057.1 ESA'
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'4,930.5 SF ESA
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PROPOSED BOUNDARY
Abu", 14 20 2 1225.30 am.
gaming %%LW4\PR0 tlS PA7N1140 I 11 %114 4 calo
LOT 10 & 11
6,250.1 SF TOTAL
(5,841 SF ESA)
12 13
EXHIBIT "A"
11, 767.7 SF ESA
25 -FOOT RAVINE BUFFER
PER PAMC 15.20.070 (8) (2)
TOP OF INi1TE
CREEK RAVINE '
I
1
539 SF (NOT A PART)‘.
■ \
RAYONIER \
16,342.8 SF TOT-AE ---- --
(92 SF ESA)
3,929.3 SF TOTAL
CDC PROPERTIES 11. LLC
FRONT STREET
EXHIBIT `B"
CONDITION, FINDINGS, AND CONCLUSIONS IN SUPPORT OF STREET VACATION —
BIRDWELL STV 11 -04
Condition:
1. Property owned by the petitioners and right -of -way acquired through the subject vacation
shall be combined into one building site through the filing of a Zoning Lot Covenant
concurrent with the vacation action.
Findings:
1. A petition requesting vacation of that portion of the Front Street/Georgiana Street alley
right -of -way located in block 16 of the Puget Sound Cooperative Colony's Subdivision
located between the White Creek ravine and Suburban Lot 27, Port Angeles Townsite
and the Georgiana Street right -of -way, located between Blocks 7 and 16, Puget Sound
Cooperative Colony's Subdivision, was submitted to the City of Port Angeles on
September 26, 2011. The subject petition is signed by 100% of the abutting property
owners.
2. The procedure for consideration of the vacation of rights -of -way is set forth in 35.79
RCW that 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. Abutting property is owned by petitioners Mr. and Mrs. Ray Birdwell.
3. The rights -of -way were originally platted in the late1890's to provide access to lots
within the Puget Sound Cooperative Colony's subdivision. The subject alley right -of-
way is 20 feet in width extending between Sub Lot 27 and the White Creek ravine buffer
a distance of approximately 195 feet for a total area of approximately 3,924 square feet.
The Georgiana Street right -of -way is 70 feet in width extending between the eastern end
of the platted Georgiana Street right -of -way abutting Suburban Lot 27 and the White
Creek ravine buffer approximately 225 feet for a total area of approximately 15,749
square feet.
4. Both right -of -way corridors are adjacent to property that is owned by the Birdwells.
Primary access to the property is from Front Street as the right -of -way terminates at the
east end of the block.
5. The adjacent properties are zoned RS -7 Residential Single Family and CA Commercial
Arterial.
6. The petitioners have used the subject rights -of -way in association with a commercial
automobile dealership for approximately 30 years. The Georgiana Street right -of -way
cannot reasonably be accessed without crossing private property as it is landlocked
between private ownerships and the White's Creek Ravine.
7. The City's Comprehensive Plan and Land Use Map were reviewed for consistency with
the proposed vacation of right -of -way. The Conservation Element of the Comprehensive
Plan provides specific goals that state that the City should further the public interest by
protecting and enhancing the area's unique physical features and the overall environment,
while recognizing the rights of private ownership and should maintain and preserve
unique physical features and natural amenities, such as creeks, streams, lakes, ponds,
wetlands, ravines, bluffs, shorelines, and fish and wildlife habitats when possible. Land
Use Elements Land Use Map, Goals, Policies and Objectives section Goal A is also
Condition, findings, and conclusions
Birdwell STV 11 -04
March 6, 2012
Page 2
relevant to the proposal. Pertinent sections of the Comprehensive Plan are included as
Attachment B to the January 25, 2012 staff report.
6. The Port Angeles City Council's Real Estate Committee met on July 11, 2011, 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 and previous use of the rights -of -way by the abutting
property owner. It was determined that a trade of right -of -way for property owned by the
petitioners that exists in the White's Creek environmentally sensitive areas adjacent to the
petitioner's ownership would be beneficial to the public. The exchange of land involves
a total of 56,504.8 square feet of right -of -way from the petitioners to the City with
20,272.1 square feet of right -of -way going to the petitioner. The petitioner submitted a
survey from Johnston Land Surveying that identifies the environmentally sensitive areas
and buffers that could be exchanged for right -of -way.
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 vacation. The Department of
Community and Economic Development staff favor the exchange of property in order to
protect area along the White Creek ravine that is environmentally sensitive.
11. A public notice appeared in the Peninsula Daily News on January 10, 2012 noticing for a
public hearing before the Planning Commission for January 25, 2012. The site was
posted regarding the proposed land use action on January 13, 2012. No written public
comment was received with regard to posting for impending land use action.
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 properties in the area will continue to be from Front Street.
• Development Patterns — No changes in the established development patterns in the area
will not be altered by the vacation of the rights -of -way.
• Environmentally Sensitive Areas (ESA): Both White Creek and Ennis Creek ravines abut
the subject property. Stream ravines are protected by a 25 -foot buffer measured from the
top of the ravine. Portions of the property owned by the petitioner and included in the
environmentally sensitive areas/buffers are being exchanged with the sections of right -of-
way outside of the environmentally sensitive areas.
• Public Health, Safety and Welfare: Properties in the area are served by other adjacent
neighborhood streets. Established emergency access to properties in the area will not be
affected by the vacation action.
13. 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.
14. At its December 7, 2011, regular meeting, by Resolution 22 -11, the Port Angeles City
Council established a public hearing date of February 7, 2012, for action on the street
vacation petition.
Condition, findings, and conclusions
Birdwell STV 11 -04
March 6, 2012
Page 3
Conclusions:
A. As conditioned, the vacation will allow the petitioners to consolidate their property
ownership to include the rights -of -way that has been used for many years by the
petitioners, and will place that right -of -way that is not needed for public use back on the
tax role which is in the public interest.
B. As conditioned, required site consolidation will ensure that no remnant or nonconforming
lots are created.
C. Vacation of the right -of -way will not alter or inhibit the ability to provide adequate
emergency response to the area nor will vacation change established traffic patterns so
will not pose a public safety issue. The rights -of -way are landlocked with access only
through the petitioner's property, and serve no public purpose.
D. The vacation action and exchange of property furthers the goals of the City's
Comprehensive Plan, particularly the goals of the Conservation Element by placing
ownership of the environmentally sensitive areas owned by the petition with the City to
protect and enhance the area's unique physical features while recognizing the rights of
private ownership and allows the preservation of the unique physical features of the
adjacent creek and ravine area. The exchange of the rights -of -way for the
environmentally sensitive areas owned by the petitioner is in the public interest because
such exchange will result in public ownership of property within the White's Creek
Ravine, which is an environmentally sensitive area. Such ownership will enable
protection of the functions and values of the environmentally sensitive area.
Adopted by the Port Angeles City Council at its meeting of March 6, 2012.
Cherie Kidd, Mayor
fsa Hurd, City Clerk
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Summary of Ordinance Adopted by the
Port Angeles City Council
On March 6, 2012
Ordinance No. 3447
An Ordinance of the City of Port Angeles, Washington, vacating a portion of undeveloped alley
right of way in Port Angeles, Clallam County, Washington.
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: March 11, 2012
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Janessa Hurd
City Clerk