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HomeMy WebLinkAbout3429• • ORDINANCE NO. 3 4 2 9 AN ORDINANCE of the City of Port Angeles, Washington, vacating a portion of alley in Broadway Addition, Port Angeles, in Clallam County, Washington. WHEREAS, a petition is on file with the City of Port Angeles to vacate a portion of alley right -of -way in Broadway Addition to the Townsite of Port Angeles; 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 portion of Broadway Addition is hereby vacated: The alley right -of -way abutting S2 W 100' of Lot 5 and the S2 of Tax # 2926 and Lots 1, 3 and approximately the West 11 feet of Lot 4 to Broadway Addition, Clallam County, Washington. Section 2 - Conditions. The attached Condition, Findings and Conclusions, identified as Exhibit "A," hereby are adopted and incorporated herein. -1- • • Section 3 - Compensation. Pursuant to RCW 35.79.030, compensation required for the vacation of this street is $6.50 per square foot plus the required recording fee. Section 4 - Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum. 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. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 3 rd day of May, 2011. ATTEST: 4 ice *! !. .60,Fssa Hurd, City Clerk APPROVED AS TO FORM: William E. Bloor, City Attorney PUBLISHED: June 15 , 2011 By Summary Exhibit A: Conditions, Findings & Conclusions Exhibit B: Map G \LEGAL\a ORDINANCES &RESOLUTIONS \ORDINANCES 2011 \02 - Almaden Broadway Addition 01 19 11 wpd April 28, 2011 -2- EXHIBIT "A" Condition, Findings, and Conclusions in Support of Street Vacation Petition - STV 10 -03 ALMADEN IIICondition: 1. Property owned by the petitioners and right -of -way acquired through the subject vacation shall be combined into one building site through the filing of a Zoning Lot Covenant during the vacation transaction. Findings: 1. A petition requesting vacation of that portion of the Lauridsen Boulevard /Lopez Avenue alley right -of -way between Eunice and Francis Streets abutting the south half of Lot 5 , Broadway Addition and Lots 6 — 11, Broadway Addition, was submitted to the City of Port Angeles on July 12, 2010. The subject petition is signed by 100% of the abutting property owners. 2. The procedure for consideration of the vacation of rights -of -way is set forth in 35.79 RCW that requires the signatures of two thirds of abutting property owners to validate a petition for vacation of right -of -way. State law provides for vacation only to abutting property owners. Abutting property is owned by petitioners Mr. and Mrs. Duane Almaden and the Housing Authority of the County of Clallam (HACC). 3. The right -of -way was originally platted in 1916 to provide secondary access to lots within the Broadway Addition subdivision. The subject right -of -way is 20 feet in width extending between Eunice and Francis Streets a distance of approximately 151 feet for a total area of approximately 3,020 square feet. • 4. The alley right -of -way corridor is adjacent to property that is owned by the Almadens, the HACC, and a property to the east owned by Mr. and Mrs. Thomas Meehan (not parties to this vacation action). Primary access to the Almaden property and HACC properties (north and south respectively of the right -of -way) is from Eunice Street with primary access to the Meehan property and additional access to the HACC property from Francis Street. 5. The Almaden property and Meehan property (north side of the right -of -way) are zoned RS- 7 Residential Single Family and RHD Residential High Density, respectively; the HACC ownership (south side of the right -of -way) is zoned RMD Residential Medium Density. 6. The Almadens have used the subject right -of -way as yard space for many years. Likewise, property owners to the east of the Almadens, the Meehans, have developed and use the east portion of the alley right -of -way as access to their property, that is developed as an apartment structure, for many years. The HACC property to the south of the Meehan ownership can be accessed via the east end of the alley without the need to use the west (subject area) alley right -of -way. The HACC has never used the subject portion of the right - of -way abutting their ownership at the west end of the alley, and by signature on the petition, indicate that they do not need the right -of -way for current or future use. • • 7. 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 Element Goal A is relevant to the proposal. Intended development of the area is Low Density Residential (LDR) and Medium Density Residential (MDR). 8. The Port Angeles City Council's Real Estate Committee met on October 4, 2010, and concluded with support for the vacation of right of way based on the unlikely need for the public to use the right -of -way and historic use of the alley by abutting property owners. Compensation was set at $6.50 per square foot, which is the current assessed rate of the adjacent properties. 9. 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. 10. City departments including Fire, Public Works and Utilities, Building, and Community & Economic Development, do not oppose the proposed vacation. The City's Public Works & Utilities Department requests an easement along the south portion of the right -of -way for future utility purposes as the future need for the existing service pole in that location has not been determined. 12. The site was posted regarding the proposed land use action on December 21, 2010. Staff contacted Mr. and Mrs. Meehan to determine if they would like to enjoin the action. Although the Meehans were interested in vacation of the right -of -way abutting their ownership, the HACC was not in favor of such an action due to potential redevelopment of the HACC property south of the alley. The Meehans preferred not to join in the petition request but had no objection to the current petition by the Almadens and the HACC for the opposite end of the alley. No written public comment was received with regard to posting • for impending land use action. 13. Pertinent issues analyzed in review of the petition are as follow: • Traffic Patterns -: Established traffic patterns in the area will not change. Primary access to properties in the area will continue to be from Eunice or Francis Streets. • Development Patterns — Reservation of an easement for access to the existing utility service pole will ensure a utility corridor to access the pole and extend service to properties in the area if such service is needed in the future. • Environmentally Sensitive Areas (ESA). No environmentally sensitive areas exist on the site. The Peabody Creek ravine is located approximately 930 feet east of the location. • Public Health, Safety and Welfare: The right -of -way was platted to serve as secondary access to adjacent properties but has been used as yard space to the adjacent property owners, the Almadens, and has never been opened to the public since platting in 1916. Properties in the area are served by other adjacent neighborhood streets. Established emergency access to properties in the area will not be affected by the vacation action. 14. Consolidation of the right -of -way with the abutting property following vacation can be accomplished by the filing of Zoning Lot Covenants such that no remnant or new lots will be created by the vacation action. 15. At its October 19, 2010, regular meeting, the Port Angeles City Council established a public hearing date by Resolution 21 -10 for action on the street vacation petition as • • December 7, 2010. On December 7, 2010, Council continued consideration of the petition to its February 1, 2011, regular meeting to enable the Planning Commission to review the matter and forward a recommendation on same to the Council. The reason for continuance was to enable staff to complete discussion with neighboring property owners, the Meehans, as to their desire to participate in the vacation action. 16. The Port Angeles Planning Commission held a public hearing on the proposed street vacation at a special meeting conducted on January 12, 2011, and forwarded a recommendation of approval to the City Council. 17. Following a public hearing conducted on February 1, 2011, Council conducted a first reading of an ordinance effecting the proposed vacation and continued the matter to February 15. On February 15, following discussion with the applicant regarding the need for an easement for utility purposes, the matter was continued to May 3. Staff forwarded a draft ordinance to Council at the May 3, 2011, regular meeting removing the requirement for an easement. Conclusions: A. As conditioned, vacation action will allow abutting property owners to enlarge their site area to include the right -of -way that has been used for many years as yard space, thereby placing property not needed for public use back on the tax role which is then in the public interest. B. Site consolidation will ensure that no remnant or nonconforming lots are created. C. Vacation of the right -of -way will not alter or inhibit the ability to provide adequate emergency response to the area nor will vacation change established traffic patterns in the neighborhood and will therefore not pose a public safety issue. D. As conditioned, vacation action will not preclude future utility service development to IIproperties in the area. E. 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. Adopted by the Port Angeles City Council at its meeting of May 3, 2011. Dan DiGiulio, Mayor • • Summary of Ordinance Adopted by the Port Angeles City Council On May 3, 2011 Ordinance No. 3429 This Ordinance of the City of Port Angeles, Washington vacates a portion of alley in Broadway Addition, Port Angeles, in Clallam County, Washington. The full texts of the Ordinances are available at City Hall in the City Clerk's office, on the City's website at www.cityofpa.us, or will be mailed upon request. Office hours are Monday through Thursday, 8:30 a.m. to 4:00 p.m., and Friday 8:30 a.m. to 12:30 p.m. These Ordinances shall take effect five days following the date of publication by summary. Publish: June 15, 2011 • Janessa Hurd City Clerk