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HomeMy WebLinkAbout3475• • ORDINANCE NO. 3 4 7 5 AN ORDINANCE of the City of Port Angeles, Washington, vacating a portion of alley right -of -way in Port Angeles, Clallam County, Washington. WHEREAS, a petition is on file with the City of Port Angeles to vacate the alley within Block 8, Pennsylvania Park Addition, Port Angeles, as shown on the attached Exhibit A, 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 per the findings and conclusions listed in Exhibit B; 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 following conditions: 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 a quit claim deed for the right -of -way. -1- • • 2. A 20' utility easement shall be included in the area vacated for unobstructed access to public utilities in the corridor. Section 2 - Findings and Conclusions. The attached Findings and Conclusions, identified as Exhibit `B," hereby are adopted and incorporated herein. Section 3 - 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 after the conditions stated in Paragraph 1 above are satisfied. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 2nd day of April, 2013. ATTEST: sa Hurd, City Clerk APPROVED AS TO FO William E. Bloorr,�City Attorney PUBLISHED: CL II 2013 y Summary Exhibit A: Map Exhibit B: Findings & Conclusions G \LEGAL \a ORDINANCES &RESOLUTIONS \ORDINANCES 2013 \03 Lindley 03 12 13 wpd - 2 - ' I 4 0 , 0 Cherie Kidd, ayor • Fairmont Avenue Spruce Street /4005 1132 • EXHIBIT A Lindley STV 13-01 11116 Subject alley area 1105 I 1106 1 Hazel Street Lots 1 - 20, Block 8 Pennsylvania Park Addition to Port Angeles Euclid Avenue • Findings, and Conclusions in Support of Street Vacation Petition - STV 13 -01 Lindley et. at. EX111131T "13" Findings: 1 A petition requesting vacation of right -of -way platted to serve as an alley in Block 8 abutting. Lots 1 -- 20, Pennsylvania Park Addition was submitted to the City on February S. 2013. The area was platted in 1890. and was annexed into the City in 1965. The right -of -way is 20' in width and 500' in length for a total area of 10.000 sq ft 2 RC \V 35.79 requires that a petition for vacation of right-of-way shall be signed by two thirds of the abutting property owners to be considered valid. The petition is signed by 83",t of the abutting property owners. 3. The City's Public Works and Utilities and Fire Department staff reviewed the petition and had no concerns with the proposal. A sewer utility line is located in portions of the any and a 20' utility easement must be maintained along the alley for service and future line extensions where sewer is or will be extended. The alley is not open and, as such, has not been used for access to abutting properties or for general circulation. 4. 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. 5. The City's standing_ policy has been to assist abutting property owners to vacate unopened rights -of -way that may have been vacated by statute without requiring compensation. 6. The vacating of a street is categorically exempt from a State Enviionmcntal Policy Act (SEPA) review per Section 197 -1 1 -800 (2) (h) of the Washington Administrative Code 7. The site was posted regarding the proposed land use action on February 8. 2013, with legal publication appearing in the Peninsula Daily News on February 10, 2013. Notice of the action was mailed to abutting property owners who were not party to the requested action on February 11, 2013. No written comments have been received. S. Consolidation oIthc right -of -way with the abutting properties following vacation can be accomplished by filing a Zoning Lot Covenant. 9. The Port Angeles City Council set a public hearing date for action on the street vacation petition by Resolution on March 19, 2013. 10 The Port Angeles Planniinve Commission held a public hearing on the proposed street vacation on February 27. 2013. Conclusions: A. Vacation of the subject portion of alley will not alter access to properties in the area for emergency purposes, nor will the proposed vacation result in a change in daily • • • sci vice needs to existing properties or prevent the public's use of the alley to public facilities. E3. No compensation is required for this vacation request as it was intended that the property be vacated under the 1906 Clailam County Road Statute. The action will provide the property owners with title to the right-of-way that was intended by the 1906 statute. C. The vacation will place unneeded property on the City's tax rolls and complete an action that was intended under the Clailam County 1906 Road Statute. 19. As conditioned, site consolidation will appropriately combine the vacated right -of -w ay with the abutting properties. E. The proposal is consistent w ith the goals and policies of the City's Comprehensive Plan specifically Land Use vvtap Goal, Policies and Objective Element Goal A.