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HomeMy WebLinkAbout3602 ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington,vacating a portion of alley rights-of-way between West 3rd and 4h Streets in Port Angeles, Clallam County, Washington. WHEREAS, a petition was filed with the City of Port Angeles to vacate a portion of a portion of the Alley within Block 98, Townsite of Port Angeles, Clallam County, Washington, described as follows: the full width of said Alley adjoining Lots 2, 3, 4,17,18,19, and adjoining the east 17 feet of Lots 5 and 16, as shown on attached 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 was held by the City Hearing Examiner on September 13, 2017; following public notice pursuant to Chapter 35.79 RCW; and WHEREAS, at a regular meeting of the City Council on November 21, 2017 Council adopted Resolution 27-17; and WHEREAS, in that Resolution City Council adopted the Hearing Examiner's Findings of Fact, Conclusions of Law and Recommendation setting forth the conditions for the vacation and declared the vacation would be granted by Ordinance when the conditions set out in the Resolution are satisfied; and WHEREAS, one of the conditions is for a permanent utility easement along the full length of the vacated Alley right-of-way which is included within this Ordinance; and WHEREAS,the petitioner now has satisfied all other conditions of Resolution 27-17. -1- NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN as follows: Section I - Vacation. Subject to the terms and conditions of this Ordinance, the City right-of-way described above and as shown on the attached map Exhibit A is vacated. Section 2 - City Reserves Easement. The City reserves a permanent easement along the full length of the vacated Alley right-of-way for maintenance,repair,and replacement of existing utilities and for installation,maintenance,repair,and replacement of future utilities. By accepting this street vacation, the petitioners for vacation agree that, when the City does any installation, maintenance, repair, or replacement of utilities, the City's sole obligation is to restore the premises to the conditions as they exist at the date this ordinance is passed by City Council. The City shall have no obligation to repair or restore any improvements made to the premises after the date this ordinance is passed. Section 3 - Effective Date. This Ordinance shall be effective five(5)days after publication of this Ordinance. This Ordinance is an exercise of a power specifically delegated to the City legislative body, and therefore is not subject to referendum.The City Clerk is hereby directed 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 6w day of February 2018. Sissi Bruch, Mayor -2- ATTEST: jfl l JouiiferWeneklasen,City Clerk APPROVED AS TO FOR%1: v William E. Bloor,City Attorney PUBLISHED: wltq 18 2018 By Summary Exhibit A: Map,Conditions,Findings&Conclusions -3- Exhibit A '15 7 y . 20/704 a� , s 14 3V 712 AJ 721 27 15 16 �^ f I 715 P � °t 707 10 19 p M. _ a f - � r 1 1 f "t 1 AZ' � ff � 12 w , VIL , --- �1 Lots 0 Nrtter main �--' twu..,y,,.m�e-,ddb.:m..1gW6a ,n t<saa.4* • �.. .�.od ww.� m,. Parcel Feet N I1 iry erbuw wnk++WM-e rhtll worh Mr naprn/M4ry drM Cnl' Sectal diaribuUnn 11 f1 1 Blocks 02/06/2018 _Proposed ROW Vacation E - 53 Exhibit A BEFORE THE HEARING EXAMINER FOR THE CITY OF PORT ANGELES In the Matter of the Petition ) NO. 17-38 Russell and Rebecca Lindquist ) FPNDPNGS OF FACT, for a street vacation ) CONCLUSIONS OF LAW AND RECOMMENDATION SUMMARY OF DECISION The hearing examiner recommends to the City Council that the requested street vacation be approved, subject to conditions. SUMMARY OF RECORD Request: The applicant is proposing that the City of Port Angeles vacate a portion of an alley located between West 3 rd and 4 th Street, and between A Street and Tumwater Street. Hearing Date: On September 13,2017, a public hearing on the application was conducted before Lauren Erickson, City of Port Angeles Hearing Examiner. Testimony: At the open record hearing the following individuals presented testimony under oath: Allyson Brekke,City Planning Manager Russell Lindquist,Petitioner Exhibits: Exhibit 1 Staff Report City of Port Angeles 321 East Fifth Port Angeles,WA 98362 02/06/2018 E - 54 Having reviewed the record in full,including the above referenced exhibit and the testimony of witnesses,the Hearing Examiner enters the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. The petitioners are requesting that the City vacate a portion of an alley situated between 3 rd and 4 th Streets,and between A Street and Tumwater Street. The subject property is located between lots 2-5 and 16-19, Block 98 of the Townsite of Port Angeles. The property is approximately 167 feet in length and 20 feet wide and encompasses approximately 3,340 square feet. 2. The petitioners are Russell and Rebecca Lindquist, 712 West 3 rd Street; Karen Unger,715 West 4 th Street and Joanne Leicht, 707 4 th Street. The City of Port Angles is the only abutting property owner that did not join in the petition. 3. The proposed vacation is primarily in association with a pair of properties owned by Russell and Rebecca Lindquist. The public alley divides their two properties, which imposes constraints for access and use of their property. 4. The alley abuts the front of the Lindquist's house. There is no set back; their front door exits directly on to the alley. 5. The two other petitioners have not stated any interest in the alley. It is not accessible from their yards because there is a 4—6 foot drop from their properties along the entire alley. 6. On August 24,2017,notice of the requested street vacation petition and public hearing was published in the Peninsula Daily News; on August 23, 2017 posted on the subject property and at City Hall. 7. On August 15,2017,the City Council approved a resolution setting the public hearing to consider the requested street vacation. 8. No public comments were received and no members of the public appeared at the public hearing. 9. A street vacation is categorically exempt from SEPA. WAC 197-11-8000(2)(h). 10. On May 2,2017, the City's Real Estate Committee met and recommended that the property to be vacated be set at a value of$5.00 per square foot. Based upon Clallam County taxable values,this amount does not exceed the average value of land per square foot. 2 City of Port Angeles 321 East Fifth Port Angeles,WA 98362 02/06/2018 E - 55 11. A copy of the petitioner was circulated to City Departments. 12. No objections to the requested vacation were made. The Public Works and Utilities Department commented that the City will need to retain easements to ensure access to maintain and construct both existing and future public utilities in the area. CONCLUSIONS OF LAW 1. The Hearing Examiner has jurisdiction to hear this matter. RCW 35.79.030. 2. Notices of the application and public hearing were properly given. 3. The owners of an interest in any real estate abutting upon a street or alley who may desire to vacate the street or alley,or any part thereof,may petition the legislative authority to make vacation giving a description of the property to be vacated,or the legislative authority may itsel f initiate a vacation by resolution such vacation procedure. RCW 35.79.010. 4. The hearing on such petition may be held before the legislative authority,before a committee or before a hearin- examiner. If the hearing is held before a hearing examiner, the hearing examiner shall, following the hearing, shall report its recommendation on the petition to the legislative authority, which may adopt or reject the recommendation. RCW 35.79.030. 5. All proposals considered by the City must abide by the City's Comprehensive Plan. 6. The undersigned hearing examiner concludes the requested street vacation should be approved. More than two thirds of the abutting property owners have petitioned for the vacation and there is nothing to suggest the proposed vacation would violate the City's Comprehensive Plan. 7. The undersigned hearing examiner recommends that the City Council approve the requested street vacation and include the below conditions in the ordinance. 3 City of Port Angeles 321 East Fifth Port Angeles, WA 98362 02/06/2018 E - 56 DECISION Based upon the foregoing Findings of Fact and Conclusions of Law,the undersigned hearing examiner recommends that the street vacition be APPROVED,with the following conditions: DECIDED this 18 th day of September, 2017. i Lauren Erickson, Hearing Examiner RECOMMENDED CONDITIONS 1. The ordinance should provide that the City will retain an easement for the construction,repair and maintenance of public utilities and services within the vacated portion of the alley. 2. The ordinance should provide that the City will retain an easement for access to public utilities and services within the private driveway located between West 4 th Street and the vacated portion of the alley. 3. The ordinance should provide that the City will require that the entire vacated portion of the alley to be consolidated with abutting properties in order to prevent the creation of a new parcel of land. 4 City of Port Angeles 321 East Fifth Port Angeles, WA 98362 02/06/2018 E - 57 Summary of Ordinance adopted by the Port Angeles City Coun cil on Februarv 6. 2018 ORDINANCE NO.3602 AN ORDINANCE of the City of Port Angeles, Washinglon, vacating a portion of alley rights-of- way between West 3'd and 4th Streets in Port Angeles, Clallam County, Washington. This ordinance is not subject to referendum and shall take effect five days after passage and publication of summary. The full texts of the Ordinances are available at City Hall in the City Clerk's office, on the City's website at wwrl.cityofpa.us- or will be mailed upon request. Office hours are Monday through Friday 8:00 a.m. to 5:00 p.m. Jennifer Veneklasen City Clerk Published by summary: Sunday. February 18.2018.