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HomeMy WebLinkAbout3447• • ORDINANCE NO. 3 4 4 7 AN ORDINANCE of the City of Port Angeles, Washington, vacating a portion of undeveloped alley and street rights of way in Port Angeles, Clallam County, Washington. WHEREAS, a petition is on file with the City of Port Angeles to vacate a portion of the Front /Georgiana Street alley abutting Block 16, and that portion of Georgiana Street abutting Blocks 7 and 16 in Puget Sound Cooperative Colony's Subdivision, Townsite of Port Angeles, Washington, as shown on the attached as Exhibit A; 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 City right -of -way located as described above and as shown on the attached map Exhibit A, shall be vacated, subject to the condition attached as Exhibit B to this Ordinance. Section 2 - Condition. The attached Condition, Findings and Conclusions, identified as Exhibit "B," hereby are adopted and incorporated herein. -1- • • Section 3 - Compensation. Compensation for this alley right of way vacation is an exchange of property as shown in Exhibit B. 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 5th day of March, 2012. ATTEST: sa Hurd, City Clerk APPROVED AS TO FORM: William E. Bloor, City A torney PUBLISHED: March 11 , 2012 By Summary Exhibit A: Map Exhibit B: Conditions, Findings & Conclusions r MAYOR, Cherie dd G \LEGAL\a ORDINANCES &RESOLUTIONS \ORDINANCES 2012 \02 Birdwell Street Vacation wpd -2- GEORGIANA STREET EXHIBIT F TOTAL AREAS IN SQUARE FEET BIRDWELL TO CITY: BLOCK 7 = 34, 995.9 LOT 18, BLOCK 8 = 6,999.3 W 9 -FEET LOT 8, LOT 9, BLOCK 16 = 8259.6 LOT 10, LOT 11, BLOCK 16 = 6250.1 (ESA = 37,595.6, NON ESA =18,909.2 TOTAL = 56,504.8 CITY TO BIRDWELL: GEORGIANNA = 16,342.8 ALLEY, BLOCK 16 = 3,929.3 (ESA = 92, NON ESA = 20,180.1) TOTAL = 20,272.1 ENVIRONMENTALLY SENSITIVE AREA 047E 2/16/12 6,999.3 SF ESA I 1 CC Z .1 • O 10 ,fl I I 1 I I 1 1 8,259.6 SF (8,057.1 ESA' C/) _t_ '4,930.5 SF ESA 15 • PROPOSED BOUNDARY Abu", 14 20 2 1225.30 am. gaming %%LW4\PR0 tlS PA7N1140 I 11 %114 4 calo LOT 10 & 11 6,250.1 SF TOTAL (5,841 SF ESA) 12 13 EXHIBIT "A" 11, 767.7 SF ESA 25 -FOOT RAVINE BUFFER PER PAMC 15.20.070 (8) (2) TOP OF INi1TE CREEK RAVINE ' I 1 539 SF (NOT A PART)‘. ■ \ RAYONIER \ 16,342.8 SF TOT-AE ---- -- (92 SF ESA) 3,929.3 SF TOTAL CDC PROPERTIES 11. LLC FRONT STREET EXHIBIT `B" CONDITION, FINDINGS, AND CONCLUSIONS IN SUPPORT OF STREET VACATION — BIRDWELL STV 11 -04 Condition: 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 concurrent with the vacation action. Findings: 1. A petition requesting vacation of that portion of the Front Street/Georgiana Street alley right -of -way located in block 16 of the Puget Sound Cooperative Colony's Subdivision located between the White Creek ravine and Suburban Lot 27, Port Angeles Townsite and the Georgiana Street right -of -way, located between Blocks 7 and 16, Puget Sound Cooperative Colony's Subdivision, was submitted to the City of Port Angeles on September 26, 2011. 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. Ray Birdwell. 3. The rights -of -way were originally platted in the late1890's to provide access to lots within the Puget Sound Cooperative Colony's subdivision. The subject alley right -of- way is 20 feet in width extending between Sub Lot 27 and the White Creek ravine buffer a distance of approximately 195 feet for a total area of approximately 3,924 square feet. The Georgiana Street right -of -way is 70 feet in width extending between the eastern end of the platted Georgiana Street right -of -way abutting Suburban Lot 27 and the White Creek ravine buffer approximately 225 feet for a total area of approximately 15,749 square feet. 4. Both right -of -way corridors are adjacent to property that is owned by the Birdwells. Primary access to the property is from Front Street as the right -of -way terminates at the east end of the block. 5. The adjacent properties are zoned RS -7 Residential Single Family and CA Commercial Arterial. 6. The petitioners have used the subject rights -of -way in association with a commercial automobile dealership for approximately 30 years. The Georgiana Street right -of -way cannot reasonably be accessed without crossing private property as it is landlocked between private ownerships and the White's Creek Ravine. 7. The City's Comprehensive Plan and Land Use Map were reviewed for consistency with the proposed vacation of right -of -way. The Conservation Element of the Comprehensive Plan provides specific goals that state that the City should further the public interest by protecting and enhancing the area's unique physical features and the overall environment, while recognizing the rights of private ownership and should maintain and preserve unique physical features and natural amenities, such as creeks, streams, lakes, ponds, wetlands, ravines, bluffs, shorelines, and fish and wildlife habitats when possible. Land Use Elements Land Use Map, Goals, Policies and Objectives section Goal A is also Condition, findings, and conclusions Birdwell STV 11 -04 March 6, 2012 Page 2 relevant to the proposal. Pertinent sections of the Comprehensive Plan are included as Attachment B to the January 25, 2012 staff report. 6. The Port Angeles City Council's Real Estate Committee met on July 11, 2011, 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 previous use of the rights -of -way by the abutting property owner. It was determined that a trade of right -of -way for property owned by the petitioners that exists in the White's Creek environmentally sensitive areas adjacent to the petitioner's ownership would be beneficial to the public. The exchange of land involves a total of 56,504.8 square feet of right -of -way from the petitioners to the City with 20,272.1 square feet of right -of -way going to the petitioner. The petitioner submitted a survey from Johnston Land Surveying that identifies the environmentally sensitive areas and buffers that could be exchanged for right -of -way. 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 vacation. The Department of Community and Economic Development staff favor the exchange of property in order to protect area along the White Creek ravine that is environmentally sensitive. 11. A public notice appeared in the Peninsula Daily News on January 10, 2012 noticing for a public hearing before the Planning Commission for January 25, 2012. The site was posted regarding the proposed land use action on January 13, 2012. No written public comment was received with regard to posting for impending land use action. 12. 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 Front Street. • Development Patterns — No changes in the established development patterns in the area will not be altered by the vacation of the rights -of -way. • Environmentally Sensitive Areas (ESA): Both White Creek and Ennis Creek ravines abut the subject property. Stream ravines are protected by a 25 -foot buffer measured from the top of the ravine. Portions of the property owned by the petitioner and included in the environmentally sensitive areas/buffers are being exchanged with the sections of right -of- way outside of the environmentally sensitive areas. • Public Health, Safety and Welfare: 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. 13. 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. 14. At its December 7, 2011, regular meeting, by Resolution 22 -11, the Port Angeles City Council established a public hearing date of February 7, 2012, for action on the street vacation petition. Condition, findings, and conclusions Birdwell STV 11 -04 March 6, 2012 Page 3 Conclusions: A. As conditioned, the vacation will allow the petitioners to consolidate their property ownership to include the rights -of -way that has been used for many years by the petitioners, and will place that right -of -way that is not needed for public use back on the tax role which is in the public interest. B. As conditioned, required 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 so will not pose a public safety issue. The rights -of -way are landlocked with access only through the petitioner's property, and serve no public purpose. D. The vacation action and exchange of property furthers the goals of the City's Comprehensive Plan, particularly the goals of the Conservation Element by placing ownership of the environmentally sensitive areas owned by the petition with the City to protect and enhance the area's unique physical features while recognizing the rights of private ownership and allows the preservation of the unique physical features of the adjacent creek and ravine area. The exchange of the rights -of -way for the environmentally sensitive areas owned by the petitioner is in the public interest because such exchange will result in public ownership of property within the White's Creek Ravine, which is an environmentally sensitive area. Such ownership will enable protection of the functions and values of the environmentally sensitive area. Adopted by the Port Angeles City Council at its meeting of March 6, 2012. Cherie Kidd, Mayor fsa Hurd, City Clerk • Summary of Ordinance Adopted by the Port Angeles City Council On March 6, 2012 Ordinance No. 3447 An Ordinance of the City of Port Angeles, Washington, vacating a portion of undeveloped alley right of way in Port Angeles, 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: March 11, 2012 • Janessa Hurd City Clerk