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HomeMy WebLinkAbout2513ORDINANCE NO. 2513 AN ORDINANCE of the City of Port Angeles vacating the undeveloped street commonly identified as the Eighth /Tenth Crossover Drive, the alley in Blocks 253 and 254, "H" Street between Eighth Street and the 9/10 alley, Ninth Street between "G" Street and "I" Street, and superseding Ordinance No. 2393. WHEREAS, there are petitions on file with the City of Port Angeles to vacate the undeveloped streets identified as the Eighth /Tenth Crossover Drive, the alley in blocks 253 and 254, TPA; "H" Street between Eighth Street and the 9/10 alley; and Ninth Street between "G" Street and "I" Street; and WHEREAS, the requirements of Chapter 43.21C RCW, the State Environmental Policy Act, have been met and 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, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ANGELES as follows: Section 1. Vacation. Subject to the terms and conditions of this Ordinance, the following described streets and alley are hereby vacated: "H" Street between Eighth Street and the 9/10 alley; Ninth Street between "G" Street and "I" Street; the arterial street commonly known as the Eighth /Tenth Crossover Drive, from Eighth Street to the 9/10 alley; and the alley in Blocks 253 and 254, TPA. Section 2. Compensation. Pursuant to RCW 35.79.030, the compensation required for the vacation of these streets and alley is as set forth in the attached Exhibit "A ". Section 3. Easement Reserved. Pursuant to RCW 35.79.030, the City of Port Angeles hereby retains an easement over the vacated streets and alley for the construction, repair and maintenance of public utilities. -1- Section 4. Quit Claim Deed. Upon compliance with the terms and conditions of this Ordinance, the owner of abutting i.roperty entitled to the vacated streets and alley, pursuant to i•CW 35.79.040, may present a quit claim deed to the City of Port ngeles for execution by the Mayor, who is hereby authorized and .irected to execute such quit claim deed. Such quit claim deed shall include all reservations, conditions, or other qualifications upon the title established by this Ordinance. Section 5. Pursuant to Chapter 43.21C RCW, the vacation of these streets and alley is conditioned as set forth in the attached Exhibit "B ". Section 6. This Ordinance shall supersede Ordinance No. 2393. Section 7. Effective Date. This Ordinance shall be effective only upon the satisfaction of the terms and conditions of this Ordinance, and the Clerk is hereby directed to file, record and publish this Ordinance upon that satisfaction. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 15th day of November, 1988. ATTEST: M A Y O R adi Aichelle N. Maike, City Clerk APPROV AS TO FO : Craig D. s. , City At orney PUBLISHED: 11/18/88 AT.8 -2- EXHIBIT "A" GUND PLAZA PROJECT STREET AND ALLEY VACATION COMPENSATION The vacating of streets and alleys in the two -block area amounts to 173,275 square feet of real property. Based upon assessment rolls and actual sales of real estate in the vicinity, the cost per square -foot is determined to $1.12 per sq.ft. (173,275 X $1.12 = $194,068). According to code, the compensation is for a base price of $97,034 or $0.66 per square foot. 1. Given the community need for this project and the special topographical and geological problems connected with this piece of property, a credit shall be given to the developer of $40,000 if the following conditions are met: A. Obtaining construction financing for a portion of the 146 unit project consisting of at least 60 residential units and supporting or related commercial development by December 31, 1988. B. The developer shall donate land at Eighth and "I" Streets for traffic modification in accordance with the Public Works Department's preliminary design of the necessary improvements and legal description of the property required from the developer. C. The developer shall provide off -site drainage improve- ments from the westerly edge of the development to the drainageway south of Tenth Street along the "K" Street alignment and beyond to the natural waterway in the 10/11 alley west of "K" Street. It is projected that this will require a 24" pipe. D. Run -off flows from the site shall be restricted to 6.2 cubic feet a second. E. The developer shall construct and maintain an adequate on -site retention pond to prevent excessive stormwater in heavy rains. The City may assist with the mainten- ance of the site's storm drainage system (except the retention pond) if the system is placed along utility easements accessible by the City's maintenance crews. 2. The developer shall pay to the City the $40,000 credit if the above conditions are not met by the December 31, 1988, date. 3. In consideration of the fact that existing storm drain systems discharge onto the site without benefit of leaving the site, the amount of the compensation is further reduced by $15,000 in order to alleviate and accommodate drainage through the site from the east part of the site to the west part of the site. 4. The developer shall pay the remaining $35,926.86 to the City of Port Angeles at the time that property title is trans- ferred from the City to the developer. Exhibit B (1) In order to reduce the impact cn local hydrology and the City store water system, the development shall incorporate the storm water retention catch basin, oil/ water separator and other facilities deemed necessary by the City Public works Department, which shall have the capacity to retain the storm water runoff at the pre - development level of the site; (2) Fire hydrants and other fire prevention facilities be prcvided in accordance with ISO Standards, the Uniform Fire Cade and tha City Fire Dep y _trent, (3) To reduce light and glare, aloe, land use conflicts between and commercial use, and to decrease visual impacts of the development, a natural landscape buffer, utilizing the existing native trees and shrubs, shall be provided to a depth cf at least 50 feet from the rights -of -way of Eighth Street, "G" Street, "I" Street and along the north line of the 9/10 alley. An easement for a landscape buffer shall be granted and filed with the County Auditor, noting that the maintenance of said landscape buffer shall be the responsibility of the property owner; (4) In order to mitigate the impacts of light and glare of development on adjacent residential areas, low -Flare high pressure sodium lights with cut -off switches and directed away from adjacent residential properties, shall be used wherever feasible in all outdoor fixtures. To further reduce light and glare, the landscape planting shall be incorporated into all parking lots, in residual areas and the parking strip along the Eighth /Tenth Crossover, and in the traffic median island at the intersections of the Crossover with Eighth and Tenth Streets; replacing (5) withi-hat `suzficient idroperty be added on the southeast corner of "I" and Eighth in order to make the intersection a free right turn; (6) To provide for the safety of pedestrians in the vicinity, sidewalks shall be installed by the petitioner on the south side of Eighth Street, the east side of "I" Street and the west side of "G" Street adjacent to the subject parcel. Marked pedestrian crossings across these streets shall be installed in accordance with the requirements of the City Public Works Department. Condition No. 7 that if the project is not undertaken within a two -year period, the right -of -way be returned to the City. I\!!',3 that the southeastern portion be senior citizen housing and the northwest area of the two -block site be the commercial site. MEMORANDUM November 10, 1988 TO: City Council FROM: City Attorney RE: Gund Plaza Street Vacation Ordinance ISSUE: Should the City Council adopt a revised street vacation ordinance for the Gund Plaza project? BACKGROUND /ANALYSIS: Since the Gund Plaza project was initially proposed in 1981, the City Council has considered two ordinances vacating portions of rights -of -way within the project perimeter. The first ordinance did not include a compensation amount; how- ever, the second ordinance, which was adopted on May 20, 1986, did include compensation for all of the street rights -of -way vacated in both ordinances. One of the conditions of the compensation agreement, which was attached to the second ordinance (Ordinance No. 2393), included a provision that the conditions be met by December 31, 1988. Despite the fact that the HUD financing process has taken the applicant a year longer than expected, most of the compensation conditions have been met. Three weeks ago the applicant deposited with the City a check in the amount of $35,926.86. Storm drainage work, as required by Section 1.0 of the compen- sation agreement as set forth in Exhibit "A" to Ordinance 2393, has been accomplished. In fact, pursuant to a subsequent agreement with the City, as approved by the Real Estate Com- mittee, additional storm drainage work was done, in recognition of which fact the compensation amount has been reduced from $42,034 to the amount that the applicant has already paid. Additionally, the developer has donated the land required in order to comply with Condition 1.B and has constructed the retention pond necessary to comply with Condition 1.E. With regard to Condition 1.A, which requires at least 60 resi- dential units and supporting or related commercial development to be completed by December 31, 1988, the developer has submitted the attached letter from Dean Amdahl indicating the anticipated progress of construction by the required date. The lengthy HUD financing process has apparently precluded the applicant from constructing the project earlier. Requiring construction financing rather than completion of sixty units would allow for performance of the condition and take into account the financing delay. The proposed ordinance, as attached, would accomplish the above - mentioned changes in the original ordinances and still be con- sistent with the apparent intent of the original compensation conditions. CONCLUSION: In order to complete the process of vacating the street rights -of -way necessary for the Gund Plaza development construction to begin, the Council could adopt the attached ordinance, which revises the compensation conditions while attempting to maintain the Council's original intent as understood by staff and the project proponent. Craig Knutson City Attorney CDK:LM Attachments AT.10 GUND PLAZA CONSTRUCTION OFFICE November 10, 1988 RECEIVE if - /0- �sg NAT ANCEass ATTORMIT t y City of Port Angeles P. 0. Box 1150 Port Angeles, Washington 98362 AT'T'ENTION: CRAIG D. KNUTSON, CITY ATTORNEY RE: CONSTRUCTION SCHEDULE FOR PARK VIEW VILLA AT GUND PLAZA Dear Mr. Knutson: At the request of Mr. Downie I have projected construction status on Park View Villa as of December 31, 1988, assuming a start date of 11/18/88 as follows: In addition to earthwork and drainage lines already completed, foundations, elevator shaft hole and pit, under slab plumbing and electrical and partial slabs on all three buildings will be complete. In addition one set of garages and carports, site electrical distribution system and partial site water dis- tribution will be complete. If you have any questions, please call. Sincerely, / / Dean W. Amdal Construction Manager DWA:ra cc: Paul Carr Pat Downie Douglas B. Lloyd Dave Flodstrom 1502 West 8th St. Port Angeles, WA 98362 (206) 452 -4536