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Home My WebLink About3656 ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, vacating approximately 9,800 square feet of the K Street unimproved right-of-way between 9th Street and the 8th/9th Street alley and Lot 20, Block 251/Lot t 11 Block 252, Townsite of Port Angeles. WHEREAS, a petition was filed with the City of Port Angeles to vacate approximately 9,800 square feet of the K Street unimproved right-of-way between 9th Street and the 8th/9th Street alley and Lot 20, Block 251/Lot 11 Block 252, Townsite of Port Angeles.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)(h); and WHEREAS, a public hearing was held by the City Hearing Examiner on November 21, 2019; following public notice pursuant to Chapter 35.79 RCW; and WHEREAS,the Hearing Examiner issued Findings, Conclusions and Recommendation supporting approval of the vacation, and a copy thereof is are attached hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN as follows: Section 1. The City Council approves and adopts the Hearing Examiner's Findings, Conclusions and Recommendation; and they are incorporated by this reference. Section 2 - Vacation. Subject to the terms and conditions of this Ordinance, the unimproved right-of-way described above and as shown on the attached map Exhibit A is vacated. -1- f Section 3 —Conditions of Vacation. .........--- 1. The City does by this provision retain a permanent easement for maintenance,repair, expansion, installation, and operation of any and all utility lines, fixtures, facilities, equipment and appurtenances now existing or installed in the future under,over,and across the vacated area. 2. The vacated portion of the street shall be consolidated with abutting properties in order to prevent the creation of a new parcel of land. Section 4 .'op c sa� This Ordinance is subject to payment of$1.04 per square foot compensation for a total amount of$10,192.00. Section 5 - Effective Date. This Ordinance shall be effective upon payment of Section 4 and five 5 days after pub lication ub cation of this Ordinance. � ) Y p This Ordinance is an exercise of a power specifically delegated to the City legislative body,and therefore is not subject to referendum.The City Clerk is hereby directed to file a certified copy with the Clallam County Auditor and the Clallam County Assessor. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 18t'day of February 2020. Kate Dexter,Mayor A'1 BEST: Kari Martinez-Bailey, Ki C16P AP1 FD AS TO FORM r William E. Bloor, City Atto cy PUBLISHED:- 2020 ySw �4 Exhibit A: Map, Findings, Conclusions and Recommendation -2- I i //i/ �Njji a WOR �r a ii / �hriiii ' � 1, rr�"f� "" w ✓,,:� !`�* ig/ i w 0 a ors 00 0410 / f� 44 110 7 ME 2 a.... NIC myp - .�,, 4;µ VWUW Tu 1068 64 Fn �� . ... �I f n n, U.a aV°m w � 1$ 256 " 54 144 1 ` 1 ? 20 -�. Petitioned property III IIII IIIII 1114 „, fy "�^ Printed:1/13/2020 Water main 'U'tia 40 IV,3ter maaPa � ��. swa9.er plan r�� ,W�� u�„ iriliYlJfj%r',. �rru..mw�o.,p ro�;.,,N�K i i vkw...,„T.sf•,*„l,.��W,x.ww�..n,. .ti, ,,, Feel AID 'xrrrumr i "�, �,., .� e,,,••",r�� ,',w,.m W Electrical distribution OH 1iuiu w, w ry�,ni�i 1`ni�dAlp �,11'Oq N � a�rmn,r�,,,��e„wd.o„� Electrical distributionUG mee ®e, m t'a,,,�aw�.r rh�war�� ;'�i�¢x�e,�r� Area Map a sr m.uW r u ra,fuva¢w / 1p, 40�11 / if ,�✓m/i r/�j / .JcJ�7✓ N4� „...,,..,„�, ", w »r 404 I 5�j r,, „1 � � ,ire, „/ �w�„sa °�% ✓i /�170$ , rM i� �„ / w �• 12, N / / i aryl cn /l 6d /ion173-1 aiiia%�/ 'r 2-1� ✓ 63 ,,,/ "'a,/% Zf A ly 4„ f J,�,. 11 rnur G� ,✓�; r r,11 n � �, �R r i b r �ll� r. w "„r,' ��Ir r / //9N ""` ,✓l/d' �;, �/ /f;G, "r4lr i.. r ti%r�l '�" �"i 'n'r��"", ',;�" /��, � / �f�,; �. �,...; ""� .'"r � •,. '�,.�.� � ^ "��f�fn 1 P pii "r„�,,; � /;, �%��o /I/r/�r,�k�'' �'�" r J^'` r � i� � ✓� r rV; �II, li�%r ,� a �,ya / j'�'�fy''' //1 c.'/////',, r✓y,�J(;��f rr�/��I) /�/ /�/�� /�� ,�� w'"=,`,i� 1'9 rr":; /r% ""'m rGPIll J{J n Jvlo� /� �// ,"Ilix� ,.n<I /n n I ,..,ra/ �l✓�:" /r O/i• ��'�/�f r r! /t ,/, /, rd d'0� /� /„''..' r/if/Cyrr <';, o i r,r / / '�/i�/r 1, 1� r;1 u�;.�,,"�llll/ v" r%//� r�� °„ r >➢ "'% d + "' '"� ,add /� ,"* /jfi➢ L ��//%a,r rr' F �r /y� �l lNrr%/rr r r%ln' '" „ j jO i/�J�f a ✓l46' „ 1 u / r / 1" h f' ! ry' / r %is IB I JA niamII II°) Petitioned Property e Printed 2/12/2020 Equivalent Property " 70p<• Petitioner Requested Non-Equivalent Feet i T9Y �� uu¢ryElfr A � "e.7-am, *Wao=WAe"a Map BEFORE THE HEARING EXAMINER FOR THE CITY OF PORT ANGELES In the Matter of the Petition of ) No. PZ 19-78 John Ralston ) FINDINGS, CONCLUSIONS, For a.Street Vacation ) AND RECOMMENDATION SUMMARY OF RECOMMENDATION The petition for vacation of approximately 9,800 square feet of the K Street unimproved right-of- way between 9th Street and the 8th/9th Street alley is recommended for APPROVAL by the City Council. Conditions are necessary to mitigate specific impacts of the proposed vacation. SUMMARY OF RECORD Ilearing late: The Hearing Examiner held an open record hearing on the request on November 21, 2019. Test d aA t()iiy: The following individuals presented testimony under oath at the open record hearing: Ben Braudrick, City Associate Planner John Ralston,Petitioner Exhibits: The following exhibits were admitted into the record: 1. Staff Report 1 Street Vacation Petition,dated November 1,2019, with vicinity map,undated, and Clallam County Assessor&Treasurer—Property Details (Property ID: 58269), as of October 1, 2019 3. Site Map, undated 4, Public notice a. Determination of Completeness, dated October 25, 2019 b. Notice-Right-of-Way Vacation Petition&Public Hearing,undated C. Affidavit of Noticing, dated November 14,2019 d. Legal Invoice,Peninsula Daily News,#PDN879075, dated October 30,2019 e. Affidavit of Publication,Peninsula Daily News, dated October 30,2019,with classified proof,published October 30,2019 The Hearing Examiner enters the following findings and conclusions based upon the testimony and exhibits admitted at the open record hearing: Findings, Conclusions, and Recommendation City of Port Angeles Hearing Examiner Ralston Street Vacation Petition, No. PZ 19-75 Page I of 5 FINDINGS Petition l. John Ralston filed a complete petition on October 21, 2019, for the vacation of approximately 9,800 square feet of the K Street unimproved right-of-way between 9th Street and the 8th/9th Street alley and Lot 20, Block 251/Lot 11 Block 252, Townsite of Port Angeles.1 The petition for vacation of the City right-of-way was submitted as required by Chapter 35.79 RCW Streets -Vacation. Exhibit 1, Staff Report,pages 6 through 9. Exhibit 2; Exhibit 3. Notice 2. The City determined that the petition was complete on October 21, 2019. On October 28, 2019, the City provided notice of the petition and public hearing by posting the area proposed for vacation as well as at City Hall, the Port Angeles Library, Clallam County notice boards and on the City's website. On October 30, 2019, the City published notice of the application in the Peninsula Daily News. The City did not receive any written comments from the public. The staff report incorporates comments received from City departments. Exhibit 1, Staff Report,pages 3 and 4; Exhibit 4. State Environmental.Polio y At 3. The City determined that the petition is categorically exempt from review under the State Environmental Policy Act(SEPA), Chapter 43.21C Revised Code of Washington (RCW), as provided in Washington Administrative Code (WAC) 197-11-800(2)(i). Exhibit 1, Staff Report,page 10. Co�eluensive flan and Zoning 4. The property is located within the Low Density Residential designation of the City's Comprehensive Plan. City staff identified the following summarized Comprehensive Plan goals and policies as relevant to the proposed street vacation: • Growth Management Element Goal G-2A—To manage growth in a responsible manner that is beneficial to the community as a whole. Policy P-2A.01 —To implement the following goals of the State Growth Management Act: L. Citizen participation and coordination, and M. Public facilities and services. • Land Use Element Goal G-3B—To ensure residential land use and development is compatible with the environment,with existing uses and residents, and with desired urban design. Policy P-3B-02—Ensure that single family lots are of reasonable shape and have access provided by a collector arterial, local access street or alley. • Utilities and Public Services Element Goal G-5A—To provide or allow the opportunity for services and facilities which enhance the quality of life for Port Angeles citizens. Policy P-5A.03—Implement comprehensive service and facility The right-of-way area proposed for street vacation does not have a parcel number. Exhibit 1,Staff Report, page 3. Findings, Conclusions,and Recommendation City of Port Angeles Hearing Examiner Ralston Street Vacation Petition, No. PZ 19-78 Page 2 of 5 plans consistent with the Comprehensive Plan through applicable land use approvals and construction permits. • Utilities and Public Services Element Goal G-513—To provide utility services in an efficient and cost-effective manner. Policy P-51).05—Promote coordination, consistency, and concurrency at all stages of utility development in the Port Angeles Urban Growth Area. • Capital Facilities Element Goal G-8A—To provide and maintain feasible urban services and capital facilities at or above stated levels of surface to all City residents and the general public. Policy P-8A.08—The City should require currency an standards be met at the time of new development for the following utilities and services: paved streets, curbs, and sidewalks; water service; sanitary sewer service; electrical service; solid waste collection; stormwater management; telecommunication services; and emergency services. City staff determined that,with conditions, the proposed street vacation would meet the City's Comprehensive Plan's goals and policies listed above. Exhibit 1, Staff Report, pages 4 through 6. 5. The specific rights of way do not have zoning designations because City rights of way are not classified into zones. The 9,800 square feet proposed for vacation consists of an unimproved K Street right-of-way between 9th Street and the 8th/9th Street Alley and Lot 20 on a steep slope. The petitioner owns birth of the two properties abutting the right way. There are no utilities currently within the right-of-way, 9'h Street north of the proposed vacation is also unimproved. Vacated streets,places and cul-de-sacs assume the zone classifications of the adjoining property. Port Angeles Municipal Code (PAMC) 17.94.050. Here,both adjoining properties are zoned R7. Exhibit 1, Staff Report,pages 3, 5, and 10; Exhibit 3. Other Considerations The Washington State Legislature delegated street vacation powers to the City. A street vacation may be granted if there is compliance with specified criteria. Chapter 35.79 RCW. The City reviewed the street vacation petition for compliance with the RCW criteria, and submitted the following facts at the open record hearing: • The petition was filed by the owners of more than two-thirds of the abutting property and a public hearing was scheduled and noticed for November 21, 2019. RCW 35.79.010. • The City provided notice of the petition hearing and no objections were filed prior to the hearing. RCW 35.79.020. • City staff requests an easement for maintenance and operation of existing City electrical facilities over and across the vacated area, and retention of an easement for maintenance and operation of any existing City water facilities over and across the vacated area. RCW 35.79.030 Findings, Conclusions,and Recommendation City of Port Angeles Hearing Examiner Ralston Street Vacation Petition, No. PZ 19-78 Page 3 of 5 • Limitations on vacations of streets abutting bodies of water are not applicable as the proposed right-of-way vacation does not abut a body of fresh or saltwater. RCW 35.79.035. • The vacated property would be split in half between the abutting two properties. RCW 35.79.040. • No vested rights would be affected. RCW 35.79.050. Exhibit 1, Staff Report,pages 6 through 9. `l"esti�nony and ial$Recommendation 6, City Associate Planner Ben Braudrick testified generally about the petition. He testified that City staff reviewed the proposal for consistency with the RCW, Comprehensive Plan and zoning ordinances and determined that the petition, with conditions, would be consistent with the City Comprehensive Plan,the Port Angeles Municipal Code, and all other applicable City and state regulations. The three conditions recommended by City staff address easements for City electrical and water facilities over and across the vacated areas, and require the vacated portion of the alley to be consolidated with abutting properties to prevent creation of a new parcel. Petitioner John Ralston testified at the open record hearing in support of the petition. He agreed with the findings of City staff and the proposed conditions. Exhibit 1, Staff Report,page 12; Testimony of Mr. Braudrick and Mr. Ralston. CONCLUSIONS Jurisdiction The Hearing Examiner is authorized and directed to conduct a hearing and make findings, conclusions, and recommendations to the City Council on street vacation petitions. The notice provisions and criteria for review of a street vacation petition are specified in Chapter 35.79 RCW. PAMC 2.18.060.C.2; RCW 35.79. Criteria for Review The hearing examiner shall, following the hearing,report its recommendation on the petition to the legislative authority, which may adopt or reject the recommendation. RCW 35.79.030. A vacated street or alley shall belong to the abutting owners, one-half each(RCW 35.79.040) and no vested rights shall be affected. RCW 35.79.050. The criteria for review adopted by the City Council implements the requirement of Chapter 36.70B RCW to enact the Growth Management Act. In particular,RCW 36.70B.040 mandates that local jurisdictions review proposed developments to ensure consistency with City development regulations, considering the type of land use, the level of development, infrastructure, and the characteristics of development. RCW 36.70B.040. Conclusion Based on Findings With conditions,the proposed street vacation would meet the requirements of Chapter 35.79 RCW,the City's Comprehensive Plan,and the City zoning code. The petition for a Findings, Conclusions,and Recommendation City of Port Angeles Hearing Examiner Ralston Street Vacation Petition, No. PZ 19-78 Page 4 of 5 street vacation complies with the criteria specified in Chapter RCW 35.79 and in RCW 36.70B.040. As required, the petition was filed by more than two-thirds of the property owners abutting the right-of-way.2 The City provided reasonable notice of the street vacation petition and hearing and provided adequate opportunity for members of the public to comment on the petition. No comments from the public were received and no objections to the petition were filed. The proposed vacation is on a steep slope and does not abut a body of fresh or salt water. The vacated property would be split in half between the abutting two properties, which are both zoned R7. The petition would meet the Comprehensive Plan Goals and Policies by ensuring that the proposed vacation would not negatively impact public facilities or services in the area nor would it negatively impact the ability to provide paved streets, curbs, or sidewalks to the surrounding area. The vacated property would assume the R7 zoning classification,which is that of the adjoining property. Conditions are necessary to ensure that the City maintains utility easements and that the vacated portion of the alley be consolidated with abutting properties. Findings 1— 7. RECOMMENDATION Based upon the preceding findings and conclusions, the Hearing Examiner recommends that the City Council APPROVE the vacation petition of approximately 9,800 square feet of the K Street unimproved right-of-way between 9th Street and the 8th/9th Street alley and Lot 20, Block 251/Lot 11 Block 252, Townsite of Port Angeles, with the following conditions: 1. The ordinance should provide an easement for maintenance and operation of existing City electrical facilities over and across the vacated area. 2. The ordinance should provide an easement for maintenance and operation of any existing City water facilities over and across the vacated area. 3. The ordinance should require that the vacated portion of the alley to be consolidated with abutting properties in order to prevent the creation of a new parcel of land. RECOMMENDED FOR APPROVAL this 2nd day of December 2019. THEODORE PAUL HUNTER Hearing Examiner Sound Law Center 2 One person owns all the abutting properties,so that the petitioner meets this requirement by filing the petition. Findings, Conclusions, and Recommendation City of Port Angeles Hearing Examiner Ralston Street Vacation Petition, No. PZ 19-78 Page 5 of 5 Summary of Ordinance Adopted by the Port Angeles City Council on February 18, 2020 ORDINANCE NO. 3656 AN ORDINANCE of the City of Port Angeles, Washington, vacating approximately 9,800 square feet of the K Street unimproved right-of-way between 9th Street and the 8th/9th Street alley and Lot 20, Block 251/Lot 11 Block 252, Townsite of Port Angeles. This Ordinance shall be effective upon payment of Section 4 of the ordinance and five (5) days after publication of this ordinance. The full texts of Ordinances are available at City Hall in the Clerk's office, on the City's website at www.._�i. o� or will be mailed upon request. Office hours are Monday through Friday 8:00 a.m. to 5:00 p.m. Kari Martinez-Bailey City Clerk Published by summary: Thursday, February 27, 2020