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HomeMy WebLinkAbout3382ORDINANCE NO. 3 3 8 2 AN ORDINANCE of the City of Port Angeles, Washington, vacating a portion of Fourth. Street, Port Angeles, in Clallam County, Washington. WHEREAS, a petition is on file with the City of Port Angeles to vacate a portion of Fourth Street abutting Lot 2, Block 83, Townsite of Port Angeles, Clallam. County, Washington; 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 following right -of -way, as depicted on Exhibit "A," is hereby vacated: That portion of the Fourth. Street right of way abutting Lot 2, Block 83, Townsite of Port Angeles, all in. Clallam. County, Washington. Section 2 - Conditions. The attached Conditions, Findings and Conclusions hereby are adopted and incorporated herein. Section 3 - Compensation. Pursuant to RCW 35.79.030, compensation required for the vacation of this street is $17,500 for the property plus the required recording fee. -1- Section 4 - Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, This Ordinance shall be effective only upon the payment of the required compensation. Upon that satisfaction, the City Clerk is hereby directed to publish this Ordinance and to file a certified copy with the Clallam. County Auditor and the Clallarn County Assessor. If full payment is not received within ninety days of the date of approval, then this ordinance will be deemed to be void and shall have no effect. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 1 7 day of November, 2009. ATTEST: ■ sa Hurd, City Clerk. APPROVED AS TO FORM AYOR William E. Bloor, City Attorney PUBLISHED: , 2009 By Summary Exhibit A: Map Exhibit B: Conditions, Findings & Conclusions GALe0al_ Backupl ORDINA NCES& RusoLUeloNYOR DINANCE5.2009138- Cronauer STV,1 O2909.wpd STV 08 -01 EXHIBIT "A" Lots 2, 19, 20 owned by Petitioner Lot 1 owned by the City of Port Angeles Retaining wall in public ROW Previous vacated area ti h. Area of vacation Exhibit "B" CONDITIONS, FINDINGS, AND CONCLUSIONS IN SUPPORT OF STREET VACATION PETITION — STV 08 -01 - CRONAUER Conditions: 1. Property owned by the petitioner and the vacated right of way (approximately 1,750 square feet) shall be combined into one building site by the filing of a Zoning Lot Covenant prior to the issuance of a quit claim deed for the right of way. 2. The area to be vacated shall be limited to that portion of Fourth Street adjacent to Lot 2, Block 83, Townsite of Port Angeles. Findings: 1. A petition requesting vacation of portions of right of way east of the Tumwater Truck Route was submitted to the City Department of Community and .Economic Development on August 18, 2008. Following review by the City's Real Estate Committee, the street vacation petition was corrected by the petitioner and re submitted to be only for that portion of the Fourth. Street right of way abutting Lots 1 and 2, Block 83, Townsite of Port Angeles on September 2, 2009. The petitioner is Pau] Cronauer. 2. A concrete retaining wall was constructed on. Lot 19, Block 75, TPA, that extends across previously vacated right of way (abutting Lot 2, Block 83, TPA) into the unvacated right of way abutting Lot 2 a distance of approximately 25 feet of the 35 foot width of the right of way adjacent to Lot 2. The petition was submitted in . order for the retaining wall to remain and be the responsibility of the petitioner /abutting property owner. 3. RCW 58.17 requires a petition for vacation of right of way to contain the signatures of two thirds of abutting property owners to be valid. Petitioner Paul Cronauer is the property owner of Lot 2, Block 83, TPA and the abutting Lots 19 and 20, Block 75, TPA including that portion of the Fourth Street right of way previously vacated that abuts same. The City of Port Angeles is the property owner of Lot 1, Block 83, TPA. The City did not object to filing of the petition . but did not sign the petition. 4. Properties in the immediate area are zoned PBP Public Buildings and Parks and IL Industrial Light. Development of the subject property below the toe of the ravine can be done to industrial standards. Adjacent property owned by the petitioner contains an industrial storage structure and a retaining wall. A log scaling use is located in the area as well. 5. Minimum lot size in the City's IL and PBP zones is 7,000 square feet. The right of way abutting Lot 2, Block 83, TPA is approximately 1750 square feet in area. 6. Except for a small portion of the north corner of Lot 2, the site is designated Open Space (OS) on the City's Comprehensive Plan Land Use Map. The City's Comprehensive Plan and Land Use Map were reviewed in their entirety in . consideration of the proposal. Staff did not identify specific Goals, Policies, or Objectives that would be relevant to the proposal. 7. The site rises approximately 50 feet from the Tumwater Truck Route toward. Cedar Street. The area above the toe of the adjacent bank and below the top of the ravine are classified as environmentally sensitive areas per Section 15.20.070 PAMC. Tumwater Creek is culverted immediately to the south of the site and is directed across the Tumwater Tnick Route to the west in the area. 8. The City's Public Works and Utilities Department reviewed the petition and did not favor a vacation aright of way adjacent to Lot 1 due to the need to access the Cedar Street roadway from the right of way location and due to the site being a geologic hazard area. 9. There are no utilities in the portion of right of way being requested for vacation. 10. The Port Angeles City Council's Real Estate Committee met on. October 20, 2008, and determined a minimum value for the unopened right of way. Upon further consideration by the Committee, compensation was recommended to be $10 per square foot. 11. 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. This satisfies the City's responsibility under SEPA. 1.2. The site was posted on. October 8, 2009, announcing the requested land use action, and legal publication appeared in the Peninsula Daily News on October 11, 2009. No written comment was received during the public comment period that ended on October 21, 2009. 13. At its October 6, 2009, regular meeting, the Port Angeles City Council established . a public hearing date by resolution for action on the street vacation petition as November 4, 2009. 14. The Port Angeles Planning Commission conducted a public hearing on the matter on October 28, 2009. Conclusions: 1. As conditioned, site consolidation will prevent the creation of a nonconforming lot and will appropriately combine the vacated right of way as part of an acceptable building site. Site consolidation is in accordance with expected land management and development policies of the City of Port Angeles and development standards of the City's Industrial zones. 2. The vacation will allow for ownership of the right of way underneath the existing retaining wall that extends into the right of way from the petitioner's property. Upon vacation, the unintended encroachment is not a Liability to the public as the property owner, and the vacation is therefore in the public interest. The City has stated that the right of way is not needed to serve a typical right of way use. 3. The vacation of right of way abutting only Lot 2, Block 83, TPA, will allow for access to Cedar Street from. Lot 1, Block 83, TPA and will allow for the City to maintain the ravine area that supports the Cedar Street right of way. 4. The street vacation petition was processed in accordance with RCW 58.1,7 and with public notification procedures required for public hearings as required in the Port. Angeles Municipal Code. Adopted by the Port Angeles City Council at its meeting of November 17, 2009. / Gary Braun, Mayor Jana Hurd, City Clerk