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HomeMy WebLinkAbout3394• • ORDINANCE NO. 3 3 9 4 AN ORDINANCE of the City of Port Angeles, Washington, vacating portions of Vine Street, Port Angeles, in. Clallam County, Washington. WHERE -AS, a petition is on file with the City of Port Angeles to vacate portions of Vine Street between Whidby and Orcas Streets, 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 ORDA:I:N as follows: Section 1 - Vacation. Subject to the terms and conditions of this Ordinance, the following portions of Vine Street, as depicted on Exhibit "B," are hereby vacated: That portion of Vine Street abutting Lot 20, Block 17, Puget Sound Cooperative Colony's 2nd Addition to the Townsite of Port Angeles, Washington, and that portion of Vine Street abutting Lot 1, Block 12, Puget Sound Cooperative Colony's 2nd Addition to the Townsite of Port Angeles, all in Clallam County, Washington. Section 2 - Reservation. The City shall reserve a perpetual easement over, under, across, and through the east 30 feet in the vacated street right of way for a utility corridor to install, -1- • operate, maintain, repair, and reconstruct public utilities in the City's discretion. The City shall have at all times the right to full and free ingress and egress. Neither the grantors nor the grantors' successors in interest shall erect or place any structure, building, tree, or shrub on the above - described land without the express written permission of the City's Public Works and Utilities Department. The rights herein granted shall inure to the benefit of the grantee's successors and assigns. Section 3 - Conditions. The attached Conditions, Findings and Conclusions, identified as Exhibit "A," hereby are adopted and incorporated herein. Section 4 - Compensation. A. No compensation shall be required from the adjoining owners for vacation of the street abutting the property described below except the required recording fee. • That portion of Vine Street abutting Lot 20, Block 17, Puget Sound Cooperative Colony's 2nd Addition to the Townsite of Port Angeles, Washington, in Clallam County, Washington. Compensation required for the vacation of this street is $4.50 per square foot for he property described below plus the required recording fee. abeAka That portion of Vine Street abutting Lot 1, Block 12, Puget Sound Cooperative ©(GittilGet- Colony's 2°d Addition to the Townsite of Port Angeles, Washington, in No. 3415 Clallam County, Washington. Section 5 - 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 Clallam County Assessor. If full payment is not received within ninety 2 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 18 t h day of March, 2010. ATTEST: sa Hurd, City Clerk APPROVED AS TO FORM: William E. Bloor, City Attorney PUBLISHED: June 6 , 2010 By Summary Exhibit A: Conditions, Findings & Conclusions Exhibit B: Map G \ LEGAL \ORDINANCES &RESOLUTIONS \ORDINANCES 2010\2 - Lipman -Stone 01 11 10 wpd EXHIBIT "A" CONDITIONS, FINDINGS, AND CONCLUSIONS IN SUPPORT OF STREET VACATION PETITION - STV 09 -05 LIPMAN /STONE Conditions: 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 quit claim deeds for the right-of-way. 2. A perpetual easement shall be retained along the east 30 feet of property over the existing utility corridor in favor of the City of Port Angeles. The area shall remain free of structures and access shall not be hindered at any time to the area for service or construction within the utility corridor. Findings: 1. A petition requesting the vacation of Vine Street abutting Lot 1, Block 12 Puget Sound Cooperative Colony, 2nd Addition and Lot 20, Block 17, Puget Sound Cooperative Colony 2" Addition was submitted on November 9, 2009, by abutting property owners Rodney and Tina Lipman and Randy Stone and Patti. Toth. 2. RCW 58.17 requires the signatures of two thirds of abutting property owners to be valid when the vacation of right -of -way is proposed. The subject petition is signed by 100% of the abutting property owners. 3. The subject area is zoned. RS -7 Residential Single Family and is developed with single family structures. The RS -7 zone allows the basic single family. 4. The east one -half of Vine Street in the subject area was vacated in 1987 . leaving the remaining (west) portion of Vine Street between the Orcas /Lopez Avenue Alley and the Whidby /Lopez Avenue Alley reduced to one -half its platted 80' width at 40.' The remaining right -of -way contains City utilities (sewer and electric), and is encroached upon by an abutting residence (Stone) at 437 Lopez Avenue. 5. Lopez Avenue extending east from the vacated Vine Street centerline was vacated in 1957 6. 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 Elernent Goal A is relevant to the proposal. 7. The Port Angeles City Council's Real. Estate Committee met on December 7, 2009, and . concluded support for the vacation of right of way based on encroachment (Stone property) issues and given the unimproved state of the roadway, and agreed that retention of the small portion adjacent to the Lipman property is of no value to the City as long as a utility easement is retained. Findings and Conclusions — Lipman/Stone STV 09 -05 March 2, 2010 Page 2 8. 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. 9. The site was posted regarding the proposed land use action on. January 4, 2010. No written public comment was received prior to the public hearing that was scheduled for January 13, 2010. 10. Pertinent issues analyzed in the review process are as follow: • Traffic Patterns: Established traffic patterns in the area will change. Based on . testimony, the unimproved corridor is regularly used. However, traffic, high speed, the deplorable condition of the road surface, and the narrowness of the remaining corridor caused both by the historic encroachment of residential property and use and previous vacations, generated a request for further closure of the corridor. Circulation to areas north of the site can be gained via Peabody Street and Eunice Streets, west and east, respectively, from the site. Use of the Whidby /Lopez Avenue Alley straight through to Peabody Street without using Whidby Avenue may also occur but is not recommended. The Peabody /Lauridsen Boulevard and Eunice /Lauridsen. Boulevard intersections will experience additional congestion during peak periods but are designed as major use intersections for areas south of Lauridsen. Boulevard. • Development Patterns: Residential lots in the area are primarily served by Lopez and. Whidby Avenues. Eight homes served by the Whidby /Lopez Avenue Alley will continue to access Vine Street (immediately north of Whidby Avenue) from the remaining spur of right-of-way to Whidby Avenue. Access to neighborhood parking at the extreme east end of Lopez Avenue will remain available from Lopez Avenue. The established parking area is not required parking for the residential development it abuts, but provides street parking as in any other neighborhood in lieu of full street development. • Environmentally Sensitive Areas: No environmentally sensitive areas exist in the vicinity of the proposed street vacation. • Public Health, Safety and Welfare: The approximately 300 lineal feet of right- of-way is undeveloped. The City has no immediate plans to develop the remaining 40' width of right-of-way. Multiple prior street vacations have jeopardized the ability to create a viable through street in this location. The City's minimum street standard requires 60' of right -of -way. The encroachment of structures into the remaining 40'of right -of -way inhibits the ability to develop even substandard street improvements. Vine Street south of Whidby Avenue has been completely vacated due to historic encroachment issues. The requested vacation will address the remaining residential encroachment into the Vine Street corridor north of Whidby Avenue leaving a short portion of Vine Street (Lipman) remaining at the intersection with Whidby Avenue for needed access to residents who are served from the Whidby/Lopez Avenue Alley. While the Lipman ownership does not experience encroachment, vacation of the remaining short stretch (approximately 140') of remaining narrow, unimproved right-of-way will Findings and Conclusions — Lipman/Stone STY 09 -05 March 2, 2010 Page 3 result in elimination of potential neighborhood disruption that may be caused by retention of the remnant unimproved right -of -way. The right-of-way corridor serves no real public purpose other than as a utility corridor. Vacation of the right -of -way may result in slight disruption to residents of Whidby Avenue closest to the corridor who choose to use the unimproved corridor due to its close proximity to their residence rather than Peabody Street. However, the action will resolve long standing neighborhood traffic issues along the narrow, unimproved corridor as well as the encroachment concern. 11. Consolidation of the right -of -way following vacation can be accomplished by the filing of Zoning Lot. Covenants which would combine vacated property with abutting lots owned by the applicants such that no remnant lots will be created by vacation. 12. At its December 15, 2009, regular meeting, the Port Angeles City Council established a public hearing date by resolution for action on the street vacation petition as February 2 7, 2010. . 13. The Port Angeles Planning Commission held a public hearing on the proposed street vacation on. January 13, 2010, and forwarded a recommendation to the City Council for consideration. Conclusions: A. The right -of -way currently provides a short -cut route for traffic in the area but is not needed as primary access to any property. The remaining corridor serves no purpose, in . fulfilling either the current or long range transportation planning needs of the City. 13. The 40' right of way corridor is insufficient to accommodate street development. Additionally, the long standing residential encroachment into the remaining right -of -way inhibits the ability to develop even substandard street improvements without significant disruption to long standing neighborhood development. C. Vacation will result in the elimination of residential encroachment and closure of a narrow, undeveloped, remnant right - of-way corridor that has been a cause of concern to the immediate neighborhood due to traffic issues. D. Access to established residences will not change from existing primary access points. E. As conditioned, consolidation of the petitioners' property ownerships with the vacated right-of-way is in accordance with expected land management and development policies, and is consistent with development standards of the RS -7 Section 17.10 (RS -7 Zone) of the Port Angeles Municipal Code. Property consolidation will appropriately combine the vacated right -of -way with adjacent property thus avoiding the creation of remnant, nonconforming lots. Findings and Conclusions — Lipman/Stone STV 09 -05 March 2, 2010 Page 4 F. As conditioned, the existing utility infrastructure will remain accessible at all times for maintenance and construction needs thus ensuring the public interest and welfare. G. 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. Ado. ,. by the Port Angeles City Council at its meeting of February 16, 2010. 7 4 Dan DiGuilio, Mayor ssa Hurd, City Clerk. LIPMAN/STONE STV 09-05 Exhibit "B" ri Proposed street vacation (30' Utility easement to be retained) o 40 80 160 240 320 Feet N cr.f, •'.,. f 7 CC, rn ^^c Orcas Avenue • Lopez Avenue Whid by Avenue Lions Park cz7