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Home My WebLink About3431• I • 1 ORDINANCE NO. 3 4 3 1 AN ORDINANCE of the City of Port Angeles, Washington, vacating a portion of 19`h Street within the Airport Industrial Park, Port Angeles, WA. WHEREAS, a petition is on file with the City of Port Angeles to vacate an unopened ortion of 19th Street within the Airport Industrial Park, Port Angeles, WA. and WHEREAS, the City Council initiated said vacation by Resolution No.10 -11; and WHEREAS, street vacations are categorically exempt from the requirements of the State nvironmental 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 ursuant 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 OES HEREBY ORDAIN as follows: Section 1- Vacation. Subject to the terms and conditions of this Ordinance, the following escribed unopened right -of -way as shown in the legal description attached as Exhibit A and the site ap attached as Exhibit B is hereby vacated. Section 2 - Conditions. The attached Conditions, Findings and Conclusions, identified s Exhibit "C," hereby are adopted and incorporated herein. Section 3 - Effective Date. This Ordinance shall be effective only upon the satisfaction f the terms and conditions of this Ordinance within five years of the date this Ordinance is approved 1 • • by Council. 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. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 5 t h day of July, 2011. ATTEST: Janes urd, City Clerk APPROVED AS TO FORM: .G'/Z) / William E. Bloor, City Attorney PUBLISHED: J u l y 15 , 2 011 By Summary Mayor, Dan Di Gui io G \LEGAL \a ORDINANCES &RESOLUTIONS \ORDINANCES 2011 \18 - Airport Vacation wpd -2 EXHIBIT "A" LEGAL DESCRIPTION W. 19TH STREET VACATION THAT PORTION OF W. 19" STREET AS DEDICATED TO THE CITY OF PORT ANGELES UNDER AUDITOR'S FILE NO. 1999 1029672, RECORDS OF CLALLAM COUNTY, WASHINGTON, LYING WITHIN SUBURBAN LOT 123, TOWNSITE OF PORT ANGELES, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SUBURBAN LOT 124; THENCE S 33 °15'27" W ALONG THE WESTERLY LINE OF SAID SUBURBAN LOT FOR A DISTANCE OF 125.77 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 360.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 37 °15'24" FOR A DISTANCE OF 234.09 FEET; THENCE S 86 °00'03" W FOR A DISTANCE OF 10.00 FEET; THENCE S 03 °59'57" E FOR A DISTANCE OF 340.67 FEET; THENCE S 83 °59'57" E FOR A DISTANCE OF 495.79 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 530.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5 °07'56" FOR A DISTANCE OF 47.47 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID CURVE THROUGH A CENTRAL ANGLE 22 °07'28" FOR A DISTANCE OF 204.66 FEET; THENCE S 33 °15'27" W FOR A DISTANCE OF 60.00 FEET TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 470.00 FEET AND FROM WHICH POINT THE RADIAL CENTER BEARS S 33 °15'27 "W; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21 °48'24" FOR A DISTANCE OF 178.88 FEET TO THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE TO THE WEST, HAVINGING A RADIUS OF 55.00 FEET AND FROM WHICH POINT THE RADIAL CENTER BEARS N 48 °15'39 "W; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 66 °11'26" FOR A DISTANCE OF 63.54 FEET TO THE POINT OF BEGINNING. CONTAINING 0.26 ACRES, MORE OR LESS. FOR THE PURPOSES OF THIS DESCRIPTION THE BASIS OF BEARINGS AND DISTANCES ARE BASED ON THE RIGHT OF WAY DEDICATION RECORDED UNDER AUDITOR'S FILE NO. 1999 1029672, RECORDS OF CALLLAM COUNTY, WASHINGTON. --- o t9"Z6Z 3 .£ t,00.tr0 • OOM� L� V • l�rrl 1 lZ '•. / IV ". • w n r- 54' 0 N 45.59'47" E 340.71. i p C 79947 4a n t1 X [>) ��M "£!,00.40 N _� dm gag a� 0 1 • 175.75' E!' w 0 n N 05•89'47" 36� S5 N a5.59'47" E 41805' 0 0 e= 4.1j. '/ l.• z 1 r 1 11� w _ c' 1- 98,s:-: ys ' �f� ' w SU- 1'r�IC n+'� 1 � !n7 cbm� : ,: o�� l 1 ' 1 Viaty I / f 07� •afV N ! H-� 1=i fNW •••r' f.1 S fs. !r /• E II��RI �9' -- ! U7 -� r i 14 \ W�� U, fSMT r y Ili -` ► / -- --- /4g.00`s, C ► m tra N.3 y I \11 a M rw ! a. 0., r ` 0 1..., .14' nimQQ / ti/� �� 41 ...4 y o 0 / m N � . 1� Vdod - ZO -Il AlS paleoen aq .ol eaab i X x H H CO EXHIBIT "C" Condition, Findings, and Conclusions in Support of Street Vacation Petition - STV 11 -02 PORT OF PORT ANGELES Condition: 1. The subject right -of -way shall be vacated concurrent with final of BSIP 11 -01 when dedication of area abutting the right -of -way will be dedicated to create the required cul- de -sac turn around as shown on Exhibit "B" to the staff report for STV 11 -02. Findings: 1. A petition requesting vacation of a portion of right -of -way dedicated to the City of Port Angeles under Auditor's File #1029672 in 1999, located in Suburban Lot 123, was submitted by the Port of Port Angeles on May 11, 2011. 2. The procedure for consideration of vacation of rights -of -way is set forth in RCW 35.79. RCW 35.79 requires the signature of two thirds of the abutting property owners in order for a petition to be considered valid when a vacation of right -of -way is proposed. The Port of Port Angeles is the owner of 100% of the abutting property. 3. The subject area is zoned IL, Industrial Light. The IL zone is a zone intended to create and preserve areas for industrial uses that are largely devoid of exterior nuisances in close proximity to airports and highways. 4. The subject right -of -way is an undeveloped portion of 19th Street that was dedicated to the City of Port Angeles in 1999 under Auditor's File #1029672 to serve lease lots approved for development through a binding site improvement plan (BSIP) at that time. The right -of -way is undeveloped as are most of the lots that the right -of -way was intended to serve. 5. A BSIP, submitted to the City on April 12, 2011, proposed development of property within the Airport Industrial Park adjacent to the originally approved BSIP site. That development proposal identifies the reconfiguration of the subject 19th Street right -of- way to create a cul -de -sac rather than a dead end into a newly created lease lot. The reconfiguration requires an initial vacation action with subsequent dedication of additional area through the BSIP. The BSIP was preliminarily approved by the Planning Commission on May 11, 2011. 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 Element Goal A is relevant to the proposal. Intended development of the site is industrial. 7. The Port Angeles City Council's Real Estate Committee met on June 6, 2011, to review the matter. No compensation will be charged for the right -of -way as subsequent dedication of right -of -way will be provided to serve the purpose for which the original dedication was intended. 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 November 4, 2010. No written public comment was received prior to the public hearing that was scheduled for a special meeting before the Planning Commission on November 17, 2010. 10. Pertinent issues analyzed in review of the petition are as follow: Traffic Patterns: Established traffic /access patterns in the area will not change if the proposed vacation is approved. The right -of -way has not been developed, and lots that would have been served by the right -of -way will continue to be served by right -of -way that is slightly reconfigured from the original dedication. Utilities. Utilities will not be affected by the vacation. Development Patterns • The proposal will not adversely impact existing and will allow for further development in the area with an improved transportation system as a result of the vacation proposal. Environmentally Sensitive Areas: There are no environmentally sensitive areas on the site. A required buffer area exists along the frontage of the site (18`h Street) that contains a sophisticated storm drainage system for the entire site. That drainage system will not be affected by the vacation. Public Health, Safety and Welfare. Vacation of the unused short stretch of right -of -way will facilitate a logical circulation pattern for the area and allow the creation of more reasonably configured lease lots in the new BSIP. The vacation action will allow dedication of an effective right -of -way along with the vacation of unused right -of -way that will be absorbed into newly created lots thereby making those new lots more viable as well. Vacation will not result in disruption to established use patterns because neither the Tots nor the right -of -way to those lots have as yet been developed. 11. At its May 17, 2011, regular meeting, the Port Angeles City Council established a public hearing date by resolution for action on the street vacation petition as June 21, 2011. 12. Public notice was placed in the Peninsula Daily News on May 18, 2011, and the site was posted for land use action on May 22, 2011. No written public comment has been received. 13. The Port Angeles Planning Commission conducted a public hearing on the proposed street vacation at its regular meeting of May 8, 2011, and forwarded a recommendation to the City Council for consideration. Conclusions: A. As conditioned, the vacation action will allow the reconfiguration of existing lease lots and future lease lots in the Port Angeles Industrial Park in a logical manner and will facilitate through access between development areas within the Industrial Park. 13. Access to lots served by the existing right -of -way will not be affected by the vacation action and new lots to be served by the reconfigured right -of -way will be served in an impeded manner consistent with development expected in an industrial zone. C. 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. Adoptd by the Port Angeles City Council at its meeting of July 5, 2011. Dan DiGiulio, Mayor . 'ssa Hurd, City Clerk • Summary of Ordinance Adopted by the Port Angeles City Council On July 5, 2011 Ordinance No. 3431 This Ordinance of the City of Port Angeles, Washington vacates a portion of 19th Street within the Airport Industrial Park, Port Angeles, WA. Ordinance No. 3432 This Ordinance of the City of Port Angeles, Washington vacates portions of rights -of -way within the Mount Angeles View Housing Development in Port Angeles, Clallam County, Washington. Ordinance No. 3433 This Ordinance of the City of Port Angeles, Washington revises Chapter 3.05, of the Port Angeles Municipal Code relating to Purchasing Policies and Procedures. 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: July 15, 2011 • Janessa Hurd City Clerk