HomeMy WebLinkAbout27-17 RESOLUTION NO. 271 - 1-1_
A RESOLUTION of the City of Port Angeles, Washington, approving
the recommendation of the Hearing Examiner to vacation a portion
of alley right-of-way between West 3`d and 4`h Streets in Port
Angeles, Clallam County, Washington.
WHEREAS, a petition is on file with the City of Port Angeles to vacate a portion of
alley right-of-way located between West Yd and 4`h Streets, within the block between "A"
Street and Tumwater Street, Lots 24 and 17-19, and portions of Lots 5 and 16, Block 98 in
the Township of Port Angeles, Washington as shown on attached 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)(i); and
WHEREAS, a public hearing regarding the Petition was held by the City Hearing
Examiner on September 13, 2017; and
WHEREAS, the Hearing Examiner's Findings of Fact, Conclusions of Law and
Recommendations are presented to City Council at a regular meeting of Council on
November 21, 2017.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES
DO HEREBY ORDAIN as follows:
Section 1 - Vacation. The City Council approves and adopts the Findings of Fact,
Conclusions of Law and Recommendations of the Hearing Examiner. The staff report in
support of STV 17-38, the Hearing Examiner's Findings, Conclusions and
-1-
Recommendations, and a map of the area vacated are attached and incorporated herein as
Exhibit A and B.
Section 2 - Conditions. Upon completion of the following conditions, the Council
will adopt an Ordinance vacating the alley as requested in the Petition on file.
Conditions:
1. The City will retain an easement for the construction, repair and maintenance of
public utilities and services within the vacated portion of the alley.
2. The City will retain an easement for access to public utilities and services within the
private driveway located between West 4`h Street and the vacated portion of the alley.
3. Payment of compensation in the amount of 55.00 per square foot of land no later than 90
days after approval of this Resolution. Any proceeds from the street vacation will be
allocated for street related improvements.
Section 3 —Consolidation of Property. The Ordinance to be adopted will require that
the entire vacated portion of the alley be consolidated with abutting properties.
PASSED by the City Council of the City of Port Angeles at a regular meeting of
said Council held on the 21"day of November, 2017.
lw44
Patrick Downie, Mayor
ATTEST:
q-n 0 1 Q(
J nnifer Veneklasen, City Clerk
APP VED AS TO F :
William E. Bloor, ttorney
-2-
Exhibit A
75
16
17
19
f � `
-- 20 70
14 �.
v
3 ,
712
Y f.,
2- L AJ4
7c1
27
1 /
715
18
r 707
r/ 19
01,
it
'est.
12
3
706
Lots 30
rra,.wr—�+.rrF AIWfsrrx,y-3 Parcel tar..e.NA+e+.•,•. wweic man FeAt
4..®..r�+,r�w.,�.,-�-.,,`�,��.n, N
gbu.aa,r pvird by Nr my a7Pan-igeln b ar o.�v alprp� SW9IN mbn I i.nN Ar-.\ODY
-�.a...-,Ix.r.y a,...a rwi,o dry+•aw na'w Crcr Bedncei Oistributim iw.a..r nar-.WD8"1 Ha Map
Blocks
11/21/2017 ®Proposed ROW Vacation H - 5
Exhibit B
BEFORE THE HEARING EXAMINER
FOR THE CITY OF PORT ANGELES
In the Matter of the Petition ) NO. 17-38
Russell and Rebecca Lindquist )
FINDINGS OF FACT,
for a street vacation ) CONCLUSIONS OF LAW
AND RECONINIENDATION
SUMMARY OF DECISION
The hearing examiner recommends to the City Council that the requested street vacation
be approved, subject to conditions.
SUMMARY OF RECORD
Request:
The applicant is proposing that the City of Port Angeles vacate a portion of an alley
located between West 3 rd and 4 th Street, and between A Street and Tumwater Street.
Hearing Date:
On September 13, 2017, a public hearing on the application was conducted before Lauren
Erickson, City of Port Angeles Hearing Examiner.
Testimony:
At the open record hearing the following individuals presented testimony under oath:
Allyson Brekke, City Planning Manager
Russell Lindquist, Petitioner
Exhibits:
Exhibit 1 Staff Report
City of Port Angeles
321 East Fifth
Port Angeles, WA 98362
11/21/2017 H - 6
Having reviewed the record in full, including the above referenced exhibit and the
testimony of witnesses,the Hearing Examiner enters the following Findings of Fact and
Conclusions of Law:
FINDINGS OF FACT
1. The petitioners are requesting that the City vacate a portion of an alley situated
between 3 rd and 4 th Streets,and between A Street and Tumwater Street. The subject
property is located between lots 2-5 and 16-19,Block 98 of the Townsite of Port
Angeles. The property is approximately 167 feet in length and 20 feet wide and
encompasses approximately 3,340 square feet.
2. The petitioners are Russell and Rebecca Lindquist, 712 West 3 rd Street; Karen
Unger, 715 West 4 th Street and Joanne Leicht, 707 4 th Street. The City of Port
Angles is the only abutting property owner that did not join in the petition.
3. The proposed vacation is primarily in association with a pair of properties owned by
Russell and Rebecca Lindquist.The public alley divides their two properties,which
imposes constraints for access and use of their property.
4. The alley abuts the front of the Lindquist's house. There is no set back; their front
door exits directly on to the alley.
5. The two other petitioners have not stated any interest in the alley. It is not accessible
from their yards because there is a 4—6 foot drop from their properties along the
entire alley.
6. On August 24,2017, notice of the requested street vacation petition and public
hearing was published in the Peninsula Daily News; on August 23,2017 posted on
the subject property and at City Hall.
7. On August 15,2017,the City Council approved a resolution setting the public
hearing to consider the requested street vacation.
8. No public comments were received and no members of the public appeared at the
public hearing.
9. A street vacation is categorically exempt from SEPA. WAC 197-11-800O(2)(h).
10. On May 2, 2017,the City's Real Estate Committee met and recommended that the
property to be vacated be set at a value of S5.00 per square foot. Based upon Clallam
County taxable values,this amount does not exceed the average value of land per
square foot.
2 City of Port Angeles
321 East Fifth
Port Angeles,WA 98362
11/21/2017 H - 7
11. A copy of the petitioner was circulated to City Departments.
12. No objections to the requested vacation were made. The Public Works and Utilities
Department commented that the City will need to retain easements to ensure access to
maintain and construct both existing and future public utilities in the area.
CONCLUSIONS OF LAW
1. The Hearing Examiner has jurisdiction to hear this matter. RCW 35.79.030.
2. Notices of the application and public hearing were properly given.
3. The owners of an interest in any real estate abutting upon a street or alley who
may desire to vacate the street or alley, or any part thereof,may petition the
legislative authority to make vacation giving a description of the property to be
vacated,or the legislative authority may itself initiate a vacation by resolution
such vacation procedure. RCW 35.79.010.
4. The hearing on such petition may be held before the legislative authority,before a
committee or before a hearing examiner. If the hearing is held before a hearing
examiner,the hearing examiner shall,following the hearing,shall report its
recommendation on the petition to the legislative authority,which may adopt or
reject the recommendation. RCW 35.79.030.
5. All proposals considered by the City must abide by the City's Comprehensive
Plan.
6. The undersigned hearing examiner concludes the requested street vacation should
be approved. More than two thirds of the abutting property owners have
petitioned for the vacation and there is nothing to suggest the proposed vacation
would violate the City's Comprehensive Plan.
7. The undersigned hearing examiner recommends that the City Council approve the
requested street vacation and include the below conditions in the ordinance.
3 City of Port Angeles
321 East Fifth
Port Angeles, WA 98362
11/21/2017 H - 8
DECISION
Based upon the foregoing Findings of Fact and Conclusions of Law,the undersigned
hearing examiner recommends that the street vacation be APPROVED,with the
following conditions:
DECIDED this 18 th day of September, 2017.
\11
�/ I
i
Lauren Erickson, Hearing Examiner
RECOMMENDED CONDITIONS
1. The ordinance should provide that the City will retain an easement for the
construction,repair and maintenance of public utilities and services within the
vacated portion of the alley.
2. The ordinance should provide that the City will retain an easement for access to
public utilities and services within the private driveway located between West 4 th
Street and the vacated portion of the alley.
3. The ordinance should provide that the City will require that the entire vacated
portion of the alley to be consolidated with abutting properties in order to prevent
the creation of a new parcel of land.
4 City of Port Angeles
321 East Fifth
Port Angeles,WA 98362
11/21/2017 H - 9
• SRT NGELES
7 I•. W A S H I N G T O N. U. S. A
DEP:�R"CJIENT OF COWNII NITY&ECONO.rilC DEN ELOPMENT
TO: Lauren Erickson,City of Port Angeles Hearing Examiner
FROM: Allyson Brekke,Planning Manager
RE: Street Vacation Petition Application No. 17-38
PETITIONERS: Russell and Rebecca Lindquist,712 West 3`d Street
Karen Unger, 715 West 4d' Street
Joanne Leicht, 707 4d' Street
LOCATION: A portion of the public alley between West 3`d/0 Streets and within
the block between"A"St. and Tumwater Street(Block 98 of the
Townsite of Port Angeles).
REQUEST: Petitioners request to vacate a portion of public alley of in the
described location.
STAFF REPORT
RECOMMENDATION
That the Hearing Examiner recommends that the City Council grant the requested street
vacation,per recommended findings and conditions,and proceed with the adoption of an
ordinance to vacate such public alley.
SUMMARY AND PROCEDURE
A petition requesting the vacation of a portion of public alley between West 3`d and 4'h Streets was
received by the City's Department of Community and Economic Development. Per the Revised
Code of Washington (RCW) 35.79.010, the petition was signed by two-thirds of the abutting
property owners and determined to be valid. The proposed street vacation is in association with a
pair of properties owned by Russell and Rebecca Lindquist, 712 West 3`d Street, Port Angeles,
WA 98362. The public alley divides their two properties which proposes constraints for access
and use of their property. Per RCW 35.79.010, the owners of more than two-thirds property
abutting upon any street or alley may petition the legislative authority to vacate any or all of a
1
11/21/2017 H - 10
street or alley. Once such a petition is received,the City shall fix a time when the petition will be
heard at a public hearing.The time shall be no less than 20 nor more than 60 days from that notice
unless the petitioner requests extension of that time period.
The City's Real Estate Committee met on this matter on May 2, 2017 and recommended a value
of$5.00 per square foot of land to be vacated. This amount does not exceed the average value of
land per square foot(based on the Clallam County taxable values). On August 15, 2017,the City
Council approved a resolution to set a public hearing to consider the requested street vacation
petition. The public hearing was set to occur with the City Hearing Examiner on September 13,
2017 at 1:00 p.m.in City Council Chambers.Per RCW 35.79.030,if the hearing is before a hearing
examiner, the hearing examiner shall report its recommendation on the petition to the legislative
authority,which may adopt or reject the recommendation.
The public hearing was publicly noticed on site and to the property owners with property abutting
the portion of the public alley requested to be vacated.
STAFF ANALYSIS
City staff conducted an investigation of the facts and circumstances relevant to the application,
and produced a staff analysis for the City Hearing Examiner's consideration.
Existing Conditions in Surrounding Location
The subject property petitioned to be vacated is a part of public alley located between Lots 2-5
and 16-19, Block 98,Townsite of Port Angeles.The area of land being considered is roughly
167 feet in length by 20 feet in width,or 3,340 square feet.The western edge of the vacation is
directly aligned with the western property line of the Lindquist owned property that is between
West 4'Street and the 3rd/4d' Street alley. The eastern edge is aligned with the eastern property
line of Lot 2 within Block 98. See Figure 1 on page 3.
The Lindquist owned property at 712 West 3'Street is considered a marine bluff property. The
bluff is located along the eastern sides of the properties at 707 West 4'Street and 712 West 3'
Street and then continues west, eventually crossing the 3rd/4' Street alley further west of 721
West 4' Street and the area to be vacated(adjacent to Lots 6, 7 and 14 within Block 98). The
eastern edge of the 3rd/4`s Street alley(adjacent to Lots 1 and 20 within Block 98)also includes
the bluff steep slope.
The Lindquist house at 712 West Yd Street is accessed from West 4" Street by a private 17 foot
wide driveway between the properties located at 715 and 721 West Yd Street. This drive is
located along property also owned by the Lindquists and has been the only way to access the
property for the life of the house. The additional two property owners abutting the proposed
vacated alley and a part of this street vacation petition are provided access via West 4d' Street.
Lot 5 within Block 98 is owned by the City of Port Angeles and is the one property owner
abutting the portion of public alley requested to be vacated that was not a part of the petition.
2
11/21/2017 H - 11
Figure 1:Requested Area for Public Alley Vacation in Block 98, TPA
Mr
�. re f f�
17
13
- � a
N A�
"� f
f \ 712
y 721
� 7S
C 715
17,
f.
747 I
1/ f0
JD
8
S
g`
3
13
� 1 /705
Lots
:)arne Few
♦r.�.n..�+.r.�a �r..A4 7rr.r r7s7r �It��1�� $aDC!<5 rr..�,.r.. r..u� �
Proposed ROW Vacation
3
11/21/2017 H - 12
This section of public alley contains a carport that is affiliated with Lindquist house addressed as
712 West Yd Street(built prior to the Lindquist obtaining ownership and likely close to the date
of the original house construction). The house itself appears to be partially located within the
public alley at the southwest corner. The alley also contains a power pole providing service to
712 West 3rd Street, 707 West 4`h Street, and 715 West 4`h Street. All other utilities are provided
via 4`h Street. See Figure 2 on page 4.
Figure 2:Existing Electrical Utility in Block 98, TPA
I
M / }
F/ J
K
%
f %
/ c
%
� % s
N
�.r
O
RCNN' Criteria
The City of Port Angeles relies on the Revised Code of Washington(RCW) sections that speak
to street vacation and includes the requirements for petition, pubic noticing,public hearing,
4
11/21/2017 H - 13
limitations, ordinance of vacation and title to vacated street or alley. These sections are within
Chapter 35.79, RCW and are listed below:
35.79.010-Petition by owners—Fixing time.for hearing.
The owners of an interest in any real estate abutting upon any street or alley who may desire to
vacate the street or alley,or any part thereof, may petition the legislative authority to make
vacation, giving a description of the property to be vacated,or the legislative authority may itself
initiate by resolution such vacation procedure. The petition or resolution shall be filed with the
city or town clerk,and, if the petition is signed by the owners of more than two-thirds of the
property abutting upon the part of such street or alley sought to be vacated, legislative authority
by resolution shall fix a time when the petition will be heard and determined by such authority or
a committee thereof, which time shall not be more than sixty days nor less than twenty days after
the date of the passage of such resolution.
35.79.020—Notice of hearing. Objections prior to hearing.
Upon the passage of the resolution the city or town clerk shall give twenty days'notice of the
pendency of the petition by a written notice posted in three of the most public places in the city
or town and a like notice in a conspicuous place on the street or alley sought to be vacated. The
said notice shall contain a statement that a petition has been filed to vacate the street or alley
described in the notice, together with a statement of the time and place fixed for the hearing of
the petition. In all cases where the proceeding is initiated by resolution of the city or town
council or similar legislative authority without a petition having been signed by the owners of
more than two-thirds of the property abutting upon the part of the street or alley sought to be
vacated, in addition to the notice hereinabove required, there shall be given by mail at least
fifteen days before the date fixed for the hearing,a similar notice to the owners or reputed
owners of all lots, tracts or parcels of land or other property abutting upon any street or alley or
any part thereof sought to be vacated, as shown on the rolls of the county treasurer, directed to
the address thereon shown: PROVIDED, That if fifty percent of the abutting property owners file
written objection to the proposed vacation with the clerk,prior to the time of hearing, the city
shall be prohibited from proceeding with the resolution.
35.79.030—Nearing Ordinance of tiacation.
The hearing on such petition may be held before the legislative authority,before a committee
thereof, or before a hearing examiner, upon the date fixed by resolution or at the time the hearing
may be adjourned to. If the hearing is before a committee the same shall, following the hearing,
report its recommendation on the petition to the legislative authority which may adopt or reject
the recommendation. If the hearing is held before a committee it shall not be necessary to hold a
hearing on the petition before the legislative authority. If the hearing is before a hearing
examiner, the hearing examiner shall, following the hearing,report its recommendation on the
petition to the legislative authority, which may adopt or reject the recommendation: PROVIDED,
that the hearing examiner must include in its report to the legislative authority an explanation of
the facts and reasoning underlying a recommendation to deny a petition. If a hearing is held
5
11121/2017 H - 14
before a hearing examiner, it shall not be necessary to hold a hearing on the petition before the
legislative authority. If the legislative authority determines to grant the petition or any part
thereof, such city or town shall be authorized and have authority by ordinance to vacate such
street,or alley, or any part thereof,and the ordinance may provide that it shall not become
effective until the owners of property abutting upon the street or alley,or part thereof so vacated,
shall compensate such city or town in an amount which does not exceed one-half the appraised
value of the area so vacated. If the street or alley has been part of a dedicated public right-of-way
for twenty-five years or more,or if the subject property or portions thereof were acquired at
public expense,the city or town may require the owners of the property abutting the street or
alley to compensate the city or town in an amount that does not exceed the full appraised value
of the area vacated. The ordinance may provide that the city retain an easement or the right to
exercise and grant easements in respect to the vacated land for the construction,repair, and
maintenance of public utilities and services. A certified copy of such ordinance shall be recorded
by the clerk of the legislative authority and in the office of the auditor of the county in which the
vacated land is located. One-half of the revenue received by the city or town as compensation for
the area vacated must be dedicated to the acquisition,improvement,development,and related
maintenance of public open space or transportation capital projects within the city or town.
35.79.035-Limitations on vacations of streets abutting bodies of water-Procedure.
(1)A city or town shall not vacate a street or alley if any portion of the street or alley abuts a
body of fresh or salt water unless:
(a)The vacation is sought to enable the city or town to acquire the property for port purposes,
beach or water access purposes,boat moorage or launching sites,park,public view, recreation,
or educational purposes,or other public uses;
(b)The city or town,by resolution of its legislative authority,declares that the street or alley
is not presently being used as a street or alley and that the street or alley is not suitable for any of
the following purposes: Port,beach or water access,boat moorage, launching sites,park,public
view, recreation,or education; or
(c) The vacation is sought to enable a city or town to implement a plan,adopted by resolution
or ordinance,that provides comparable or improved public access to the same shoreline area to
which the streets or alleys sought to be vacated abut,had the properties included in the plan not
been vacated.
(2) Before adopting a resolution vacating a street or alley under subsection(1)(b)of this
section,the city or town shall:
(a) Compile an inventory of all rights-of-way within the city or town that abut the same body
of water that is abutted by the street or alley sought to be vacated;
(b)Conduct a study to determine if the street or alley to be vacated is suitable for use by the
city or town for any of the following purposes: Port,boat moorage, launching sites,beach or
water access,park,public view,recreation,or education;
(c) Hold a public hearing on the proposed vacation in the manner required by this chapter,
where in addition to the normal requirements for publishing notice,notice of the public hearing
is posted conspicuously on the street or alley sought to be vacated,which posted notice indicates
that the area is public access, it is proposed to be vacated,and that anyone objecting to the
6
11/21/2017 H - 15
proposed vacation should attend the public hearing or send a letter to a particular official
indicating his or her objection; and
(d)Make a finding that the street or alley sought to be vacated is not suitable for any of the
purposes listed under(b) of this subsection, and that the vacation is in the public interest.
(3)No vacation shall be effective until the fair market value has been paid for the street or
alley that is vacated. Moneys received from the vacation may be used by the city or town only
for acquiring additional beach or water access,acquiring additional public view sites to a body of
water,or acquiring additional moorage or launching sites.
35.79.040 -- Title to vacated street or alley.
If any street or alley in any city or town is vacated by the city or town council,the property
within the limits so vacated shall belong to the abutting property owners, one-half to each.
35.79.050— Vested rights not affected.
No vested rights shall be affected by the provisions of this chapter.
PAMC Criteria
The City has one section within Port Angeles Municipal Code(PAMC)that speaks to vacated
streets and includes the guidance on how to assign a zoning district to the area to be vacated.
This section is within Chapter 17, PAMC and is listed below:
17.94.050— Vacated Streets
Vacated streets, alleys,places and cul-de-sacs shall assume the zone classifications of the
property that adjoined such street, alley, place or cul-de-sac prior to vacation. Where zone
classification differs from one side to the other the boundary line shall be at the former center
line of such vacated street,alley,place,or cul-de-sac.
Comprehensive Plan Compliance
All proposals considered by the City must abide by the City's Comprehensive Plan. Staff offers
the following goals of the Comprehensive Plan that are in support of the proposed street
vacation:
Utilities Goals & Policies
Goal G-5A: To provide or allow the opportunity for services and facilities which enhance the
quality of life for Port Angeles citizens of all ages,characteristics, needs, and interests and to
achieve the desired urban design of the City.
Residential: Goals & Policies
Goal G-313: To have a community where residential development and use of the land are done in
a manner that is compatible with the environment, the characteristics of the use and the users,
and the desired urban design of the City.
Departmental Routings and Public Comment
Building Division
7
11/21/2017 H - 16
The Building Division did not have any objections to the proposed street vacation.
Fire Department
The Fire Department did not express any objections to the proposed street vacation.
Public Works and Utilities Department
Comments from Public Works and Utilities in regarding the proposed street vacation are as
follows:
• The ordinance shall provide the City to retain an easement for the construction, repair,
and maintenance of public utilities and services within the vacated portion of the alley.
• The ordinance shall provide the City to retain an easement for the access to public
utilities and services within the private drive between West 4`h Street and the vacated
portion of the alley.
Public Comment
Upon passage of the resolution to set a public hearing,the City must give a minimum of 20 day
notice of the pendency of the petition. Public notice of the City's receipt of the street vacation
petition, and the date and time of the public hearing, was placed at the south end of the
Lindquist's private drive on August 23, 2017 and published in the Peninsula Daily News on
August 24, 2017. The public notice was also posted within City Hall on August 23,2017.
Though not required by RCW,mailed public notice was sent to all property owners adjacent to
the portion of the alley to be vacated. No comments have been received in regards to this
application.
STAFF FINDINGS AND CONCLUSIONS
Based on the analysis of the street vacation petition, including review of the RCW, the PAMC
and the City's Comprehensive Plan, Staff makes the following findings for the City Hearing
Examiner's consideration:
Findings of Fact
1. A petition requesting the vacation of a portion of public alley between West 3rd and 4`h
Streets was received by the City's Department of Community and Economic
Development on March 24, 2017.
2. The petitioners are Russell and Rebecca Lindquist, 712 West 3rd Street, Karen Unger, 715
West 4`h Street and Joanne Leicht, 707 4`h Street all within Port Angeles, WA 98362. The
proposed vacation is primarily in association with a pair of properties owned by Russell
and Rebecca Lindquist. The public alley divides their two properties which proposes
constraints for access and use of their property.
3. Per Revised Code of Washington(RCW) 35.79.010,the owners of more than two-thirds
property abutting upon any street or alley may petition the legislative authority to vacate
8
11/21/2017 H - 17
4
any or all of a street or alley. The proposed vacation met this petition requirement and the
requirement was determined to be valid.
4. Per RCW 35.79.010,once such a petition is received,the City shall fix a time when the
petition will be heard at a public hearing.The time shall be no less than 20 nor more than
60 days from that notice unless the petitioner requests extension of that time period.
5. The City's Real Estate Committee met on this matter on May 2,2017 and recommended
a value of$5.00 per square foot of land to be vacated.This amount does not exceed the
average value of land per square foot(based on the Clallam County taxable values).
6. On May 9,2017, Staff asked the Lindquist family if they would like to proceed with the
street vacation process based on the Real Estate Committee's recommendation.The
review time temporarily halted at this time. On July 28, 2017,the Lindquist family
indicated they would like to proceed with the street vacation and the resolution to set a
public hearing on September 13 or 20,2017 as they would be in town to be able to attend.
7. On August 15, 2017,the City Council approved a resolution to set a public hearing to
consider the requested street vacation petition.The public hearing was set to occur with
the City Hearing Examiner on September 13,2017 at 1:00 p.m. in City Council
Chambers.
8. Per RCW 35.79.020,upon passage of the resolution to set a public hearing,the City must
give a minimum of 20 day notice of the pendency of the petition. Public notice of the
City's receipt of the street vacation petition,and the date and time of the public hearing,
was placed at the south end of the Lindquist's private drive on August 23,2017 and
published in the Peninsula Daily News on August 24,2017.The public notice was also
posted within City Hall on August 23,2017.
9. Per RCW 35.79.030, if the hearing is before a hearing examiner,the hearing examiner
shall report its recommendation on the petition to the legislative authority(City Council
for the City of Port Angeles), which may adopt or reject the recommendation. If a hearing
is held before a hearing examiner, it shall not be necessary to hold a hearing on the
petition before the legislative authority.
10. The petition was routed to other City Departments and Divisions(Public Works&
Utilities, Fire and Building) for their review. No objections of the proposed vacation were
raised. Public Works & Utilities made a comment regarding the need of the City retaining
easements to ensure access to maintain and construct both existing and future public
utilities within the vacated area. The private drive owned by the Lindquists has habitually
been used by the City to access the utilities located within the requested vacation area.
11. The City's Comprehensive Plan,the Port Angeles Municipal Code and the Revised Code
of Washington were reviewed for consistency with the proposed vacation of public alley.
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
(WAC).
9
11/21/2017 H - 18
13. Per PANIC Section 17.94.050,the vacated alley shall assume the zone classification of
the property that adjoins such alley prior to the vacation. For this petition,that zone
classification would be RS-7 Residential, Single-Family.
14. The vacated portion of the alley must be consolidated with abutting properties in order to
prevent the creation of a new parcel of land.
Conclusions
A. The proposed alley vacation enables the connection of a private drive and private
residential home property,under common ownership,that is divided by public alley and
further recognizes an existing condition of limited public access within the portion of the
West 3`d/0 Street public alley in Block 98 of the Townsite of Port Angeles.
B. There is no public access provided by way of the West 3`d/4`' Street public alley in Block
98 of the Townsite of Port Angeles and therefore, the portion of the public alley
requested for vacation does not diminish public access. Furthermore,the requested
vacation does not vacate an alley that abuts a body of fresh or salt water.
C. The proposal is consistent with the goals and policies of the City's Comprehensive Plan.
RECOMMENDED CONDITIONS OF APPROVAL
1. The ordinance shall provide the City to retain an easement for the construction, repair,
and maintenance of public utilities and services within the vacated portion of the alley.
2. The ordinance shall provide the City to retain an easement for the access to public
utilities and services within the private drive between West 4h Street and the vacated
portion of the alley.
3. The ordinance shall provide the City to require all the vacated portion of the alley to be
consolidated with abutting properties in order to prevent the creation of a new parcel of
land.
Attached: Street Vacation Petition and Materials
Resolution No. 18-17
10
11/21/2017 H - 19