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HomeMy WebLinkAbout3460• • ORDINANCE NO. 3460 AN ORDINANCE of the City of Port Angeles, Washington, vacating a portion of alley right -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 Lauridsen Boulevard/Motor Avenue alley abutting Lots 6 -9 and 10 -13, Block 7 Fogarty & Dolan's Addition to the 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, City Council finds that the value of property in Exhibit B is adequate compensation to support vacation of right -of -way described in Exhibit A; 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. -1- • • Section 2 - Condition. The attached Condition, Findings and Conclusions, identified as Exhibit "B," hereby are adopted and incorporated herein. 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 2nd day of October, 2012. ATTEST: sa Hurd, City Clerk APP OVED AS TO FORM: William E. Bloor, City Attorney PUBLISHED: October 7, , 2012 By Summary Exhibit A: Map Exhibit B: Conditions, Findings & Conclusions Cherie Kidd, M yor G \LEGAL \a ORDINANCES &RESOLUTIONS \ORDINANCES 2012 \19 - Laundsen Blvd Motor Avenue wpd -2- Exhibit `B" CONDITION, FINDINGS, AND CONCLUSIONS IN SUPPORT OF STREET VACATION — WOODS etal — STV 12 -02 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 to serve as an alley in Block 7, Fogarty and Dolan's Addition was submitted to the City on July 17, 2012. The area was platted in 1890, and was annexed into the City in 1961. The right -of -way area is 20' in width and 100' in length for a total area of 2000 sq.ft. The right - of -way abuts Lots 6 — 9 and Lots 10 — 13, Block 7, Fogarty and Dolan's Addition 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 100% of the abutting property owners. 3. The City's Public Works and Utilities and Fire Development Department staff reviewed the petition. No objections or concerns were raised as a result of the review. 4. 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. 5. The City's standing policy has been to assist abutting property owners to vacate unopened rights -of -way that may have been vacated by statute without requiring compensation. 6. 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. 7. The site was posted regarding the proposed land use action on August 29, 2012, with legal publication appearing in the Peninsula Daily News on August 30, 2012. No written comments have been received. 8. 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. 9. The Port Angeles City Council set a public hearing date for action on the street vacation petition by Resolution on August 21, 2012. 10. The Port Angeles Planning Commission held a public hearing on the proposed street vacation on September 12, 2012 Conclusions. A. Vacation of the subject portion of alley will not alter 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 or prevent the public's use of the alley to public facilities. B No compensation is required for this vacation request as it was intended that the property be vacated under the 1906 Clallam County Road Statute. The action will provide the property owners with title to the right -of -way that was intended by the 1906 statute C. The vacation will place unneeded property on the City's tax roles and complete an action that was intended under the Clallam County 1906 Road Statute. 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. Adopted by the Port Angeles City Council at its meeting of October 2, 2012. Cherie Kidd, Mayor Janessa Hurd, City Clerk • • Summaries of Ordinances Adopted by the Port Angeles City Council On October 2, 2012 Ordinance No. 3460 This Ordinance of the City of Port Angeles, Washington, vacates a portion of alley right -of -way in Port Angeles, Clallam County, Washington. Ordinance No. 3461 This Ordinance of the City of Port Angeles, Washington, amends the 2012 budget and funds. Ordinance No. 3462 This Ordinance of the City Council of the City of Port Angeles, Washington, closes certain funds by repealing Ordinance 3352, Section 1 of Ordinance 3024, Section 1 of Ordinance 2812, and Section 2 of Ordinance 2556; transfers the remaining balances; and creats one new Internal Service Fund. Ordinance No. 3463 This Ordinance of the City of Port Angeles, Washington, revises Chapter 10.20 of the Port Angeles Municipal Code relating to parking. 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: October 7, 2012 Janessa Hurd City Clerk