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HomeMy WebLinkAbout3432• • ORDINANCE NO. 34 3 2 AN ORDINANCE of the City of Port Angeles, Washington, vacating portions of rights -of -way within the Mount Angeles View Housing Development in Port Angeles, Clallam County, Washington. WHEREAS, a petition is on file with the City of Port Angeles to vacate portions of rights -of -way within the Mount Angeles View Housing Development in 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 and; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN as follows: Section 1 - Vacation. As provided in the terms and conditions of this Ordinance, rights- of-way within the Mount Angeles View Housing Development in the Townsite of Port Angeles as attached on Exhibits A and B shall be vacated, subject to the conditions attached as Exhibit C to this Ordinance. Section 2 - Conditions. The attached Conditions, Findings and Conclusions, identified as Exhibit "C," hereby are adopted and incorporated herein. -1- • • Section 3 - Authorization. To effect street vacations provided for in this Ordinance, the City Manager is authorized to execute quit claim deeds to document street vacations as they become appropriate in accordance with Exhibit C. Street vacations shall become effective only after a quit claim deed is recorded and only as to the particular street right -of -way described in the quit claim deed. The authorization granted to the City Manager herein shall expire five (5) years after this ordinance becomes effective. Section 4 - Easement. The City shall reserve a 20 -foot easement over existing utilities from the vacated streets. Section 5- Rededication. The Housing Authority of Clallam County (HACC) has title to the land underlying the streets that are vacated by this ordinance. In the event the HACC fails to perform any condition stated in Exhibit C, the City may give a notice of default to the HACC, or to its successor or assign. The HACC, or its successor or assign, shall have 30 days following such notice to cure or correct such failure. In the event the failure is not cured or corrected, the HACC, or its successor or assign, shall rededicate to the City those public streets that are vacated by this ordinance. Section 6 - Compensation. Pursuant to RCW 35.79.030, compensation is not required for the rights of way per Condition #1 as identified in Exhibit C. Section 7 - 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. -2- • • PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 5th day of July, 2011. ATTEST: ti . fa Hurd, City Clerk APPROVED AS TO FORM: William E. Bloor, City ttorney PUBLISHED: July 15 , 2011 By Summary Exhibit A: Legal Description Exhibit B: Map Exhibit C: Conditions, Findings & Conclusions M A Y • R, Dan Di uilio G \LEGAL \a ORDINANCES &RESOLUTIONS \ORDINANCES 2011\Final Mt AngelesViewHous Dev vacation 03 31 11 wpd July 5, 2011 -3- • • • EXHIBIT A PARCEL A ALL THOSE PORTIONS OF THE MOUNT ANGELES VIEW HOUSING PROJECT PLAT AS RECORDED IN VOLUME 4 OF PLATS, PAGE 56, RECORDS OF CLALLAM COUNTY, WASHINGTON, LYING WITHIN SECTION 10, TOWNSHIP 30 NORTH, RANGE 6 WEST, W.M. DESCRIBED AS FOLLOWS: THAT PORTION OF WHIDBY,AVENUE LYING EASTERLY OF THE WEST LINE OF A PARCEL CONVEYED TO THE HOUSING AUTHORITY OF CLALLAM COUNTY PER WARRANTY DEED RECORDED JULY 1, 1942 UNDER AUDITOR'S FILE NO. 201344; THAT PORTION OF LOPEZ AVENUE LYING EASTERLY OF THE CENTERLINE OF EUNICE STREET AS DEFINED PER THE PLAT OF BROADWAY ADDITION AS RECORDED IN VOLUME 4 OF PLATS, PAGE 2, RECORDS OF CLALLAM COUNTY, WASHINGTON; THAT PORTION OF FRANCIS STREET LYING SOUTHERLY OF A LINE DRAW FROM THE NORTHEAST CORNER OF LOT 7 OF SAID MOUNT ANGELES HOUSING PROJECT PLAT, IN AN EASTERLY DIRECTION, PERPENDICULAR TO, AND TERMINATING ON THE EASTERLY MARGIN OF SAID FRANCIS STREET; ALL OF THOSE STREET RIGHT OF WAYS AND ALLEYS WITHIN SAID MOUNT ANGELES VIEW HOUSING PROJECT PLAT LYING SOUTHERLY OF LAURIDSEN BOULEVARD AND EASTERLY OF THE EAST MARGIN OF FRANCIS STREET; SITUATE IN THE COUNTY OF CLALLAM, STATE OF WASHINGTON EXHIBIT B 4 • 4 " N C.C. G.F. MON. ID. 0630011047 DB PORTIONS OF SOUTH FRANCIS 0 STREET AND ALLEY TO REMAIN ^: ;CITY RIGHT OF WAY, NE CORNER LOT 7, MOUNT ANGELES VIEW HOUSING PROJECT PLAT EN TERLINE UNICE ST, (,) z 14 74•49 26 L. 0. • 1L17 L1.5 WEST LINE AF#201344 e. 1 J fASHON ST 7 L11 tj LINE BEARING LENGTH L10 S 8949'14" W 55.88' L11 S 89'49'14" W 51.68' L12 S 89'49'14" W 62.03' 1.13 S 00'10'46" E 60.00' L14 N 89'49'14" E 57.83' 1.15 N 86'09'08" W 119.99' L16 S 03'49'18" W 15.00' L17 S 86'09'08" E 119.99' L18 S 03'49'26" W 63.46' L21 N 02'54'06" E .30.18' L22 N 0254'06" E 30.13' CURVE RADIUS LENGTH DELTA C13 140.43' 118.96' 48'32'00" C14 i 220.13' 166.40' 43'18'45" C15 , 160.13' 105.13' 37'36'57" C16 : 200.43' 169.78' 48'32'00" C17 : 170.43' 144.37' 4832'00" C18 190.13' 143.05' 48'06'35" C19 . 190.13' 14.11' 0415'Q5" 1 • EXHIBIT "C" Conditions, Findings, and Conclusions in Support of Street Vacation Petition - STV 11 -01 HOUSING AUTHORITY Conditions: 1. Rights -of -way will be vacated only as is necessary to support approved future quasi - judicial land use application(s) for the subject property in a manner concurrent with completion of approved individual development phases. Rights -of -way vacation shall be coordinated with each final phase of any approved land use action in a logical manner to limit disruption of access and service issues to the public. 2. Right -of -Way Use Permits shall be obtained for work in rights -of -way during each approved construction phase. Work in rights -of -way not adjacent to a subject phase is not permitted such that at no time shall rights -of -way not abutting a working construction phase be unavailable for use by the public. 3. To ensure uninterrupted access through the site during construction, a traffic circulation plan shall be submitted and approved prior to work within City rights -of -way. 4. The vacation of Francis Street will include the reservation of an easement for existing Public Utility District (PUD) Power Lines per City Ordinance 3090. The developer shall work closely with the PUD to ensure that no impact to the service provider's provision ability is caused by construction activities. IIIFindings: 1. A petition requesting vacation of portions of Lopez and Whidby Avenues and Francis Street between Lauridsen Boulevard and Park Avenue was submitted to the City of Port Angeles on January 31, 2011. 2. The procedure for consideration of the vacation of rights -of -way is set forth in 35.79 RCW and 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. The subject petition is signed by the Housing Authority of the County of Clallam representing 100% of the abutting property ownership. 3. The subject rights -of -way were originally platted in 1916 to provide access to lots within the Broadway and Dann's Park Addition subdivisions. The subject rights -of -way are fully developed and largely serve residents and visitors to the Mt. Angeles View Subdivision that is owned and operated by the Housing Authority of the County of Clallam (HACC). 4. The HACC is in the process of complete redevelopment of the Mt. Angeles View Subdivision through a quasi judicialland use application process. Density calculations for redevelopment of the area are based on land area of the entire site with subsequent dedication then made for access streets and service corridors and alleys. The subject vacation is necessary to allow the entire area to be calculated as site area to achieve the desired density and to facilitate redevelopment. As such, existing rights -of -way that were dedicated through the original subdivision process (1916) need to be vacated in order to • • • • Conditions, Findings, and Conclusions STV 11-01 — HACC Page I 2 be rededicated. The Housing Authority will be required to, and has agreed to dedicate new right -of -way as part of an approved land redevelopment action. 5. The HACC redevelopment will be completed in phases. Areas where development is not occurring for a particular phase must remain accessible to eliminate disruption and emergency service needs to residents and members of the public who visit the site. If a particular phase is not accomplished, the Housing Authority shall rededicate existing right -of -way to serve that area. The City will maintain the right to enforce all general laws regarding public use of streets and sidewalks and access to utilities during the course of redevelopment of the vacated rights -of -way. 6. The City's Comprehensive Plan and Land Use Map were reviewed for consistency with the vacation proposal. Land Use Element, Map Goals, Policies, and Objective Element Goal A is relevant to the proposal. 7. 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. 8. City departments including Fire, Public Works and Utilities, Building, and Community & Economic Development, do not oppose the proposed vacations as long as rededication is consistent with future quasi-judicial approval. 9. The Clallam Transit System (CTS) travels along Eunice Street, immediately west of the subject location. The proposed vacation and rededication of rights -of -way will not result in service disruption to CTS. CTS staff indicated that redevelopment of the rights -of -way is expected to provide more flexibility in service to the area upon rededication. 10. The site was posted regarding the proposed land use action on March 7, 2011. No written public comment was received with regard to posting for the impending land use action. 11. Pertinent issues analyzed in review of the petition are as follow: • Traffic Patterns -: Established traffic patterns in the area will change somewhat following redevelopment of the Mt. Angeles View subdivision because the previous rights -of -way will be realigned and increased in service area. Completed rights -of -way will be built to full City standards prior to rededication. Primary access to properties in the area will continue to be from existing exterior access points (Lauridsen and Eunice Streets) with a secondary, new access along Francis between Park and Lauridsen Boulevard. Some interior residences may experience minor disruption during construction for short term periods but an adequate circulation plan should minimize those events. Ultimate traffic patterns will be improved by opening a thoroughfare to Park Avenue and providing calming mechanisms for that through traffic along Francis Street. • 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. • • • Conditions, Findings, and Conclusions STV 11 -01— HACC Page 1 3 • Public Health, Safety and Welfare: The temporary vacation will not affect the public health, safety, or welfare and will facilitate logical redevelopment and utility improvement to the subject location which will be a general benefit to the public. The vacation and subsequent redevelopment of the area includes rights -of -way dedication in excess of what currently exists, will enable a new through access from Park Avenue to Lauridsen Boulevard that should enable additional public circulation in the area. 12. 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. 13. By Resolution 05 -11, on March 15, 2011, the Port Angeles City Council established a public hearing date for consideration of the street vacation petition as May 17, 2011, to be heard in conjunction with a Planned Residential Development application (PRD 11- 01). 14. The Port Angeles Planning Commission held a public hearing on the proposed street vacation at a regular meeting conducted on March 23, 2011. The City Council opened a public hearing on the matter at a regular meeting conducted on April 5 and continued the matter. The continued public hearing was conducted on May 17, 2011. Conclusions: A. Vacation and rededication of the rights -of -way will allow the subject neighborhood to be fully redeveloped at a density permitted in the Residential Medium Density (RMD) zone in which the property is located. B. Vacation of the right -of -way as conditioned will not alter or inhibit the ability to provide adequate emergency response to the area nor will temporary vacation negatively change established traffic patterns in the neighborhood. C. The proposal is consistent with the goals and policies of the City's Comprehensive Plan specifically with Land Use Map Goal, Policies and Objective Element Goal A. Adopted by the Port Angeles City Council at its meeting of July 5, 2011. Dan DiGuilio, Mayor sa 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