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HomeMy WebLinkAbout3001 Vacating Portions of Howard, Baker, Shasta & 6th StreetsOrdinance No. 3001 AN ORDINANCE OF THE CITY OF PORT TOWNSEND VACATING PORTIONS OF HOWARD, BAKER, SHASTA AND 6TH STREETS NEAR DISCOVERY ROAD SUBJECT TO EXCHANGE OF BENEFITS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY DOCUMENTS RECITALS A. Following public hearing on February 17, 2009 (after legal published notice of this hearing and individual notice to owners of this hearing), Council determines it appropriate to vacate certain portions of Howard Street and 6`~' Streets and provide for their re-alignment, subject to property exchanges or exchanges of other benefits. In some cases in return for the owner dedicating right of way to the City, the City would mitigate wetlands on the owner's property. B. The re -alignment is shown on the attached map. The details of the property exchanges and wetlands mitigation are set forth in a Memo dated Oct. 8, 2008 from WH Pacific (City consulting engineer). Generally, existing Howard Street right of way would be vacated and the new alignment would shift west as shown on the map. Vacated Howard would attach to adjacent parcels, and in return, those pazcels would give up property for the new alignment. The same would apply to portion of existing Shasta Street. Overall, the exchanges are approximately equal in area (one square foot of street vacation attaching to a pazcel in return for one square foot of dedication for new alignment from that parcel). C. In addition, as part of the Howard re-alignment, and to re-align 6`h Street to Discovery, properties would be exchanged with two owners: Pacific Funding and David O'Conner. This exchange involves vacating portions of 6`~', Howard and Baker Streets. The exchanges are also approximately equal in area. D. Council in Resolution 08-012 (Apri121, 2008, 5-1, Medlicott opposed, Robinson excused) and Resolution 08-039 (November 10, 2008, 5-1, Medlicott opposed, King excused) previously gave conceptual approval to the Howard Street re-alignment through property exchanges and/or in-kind consideration for properties affected by wetlands (where City would mitigate wetlands in return for obtaining right of way for the re-alignment). E. The re-alignments benefit owners by creating frontages on both sides of the new alignment and/or consolidating parcel free of right of way, and/or avoiding wetland constraints to development. Overall, the re -alignments increase opportunity for commercial development. Page I Ordinance 3007 F. The re-alignments benefit the City by creating additional areas for commercial development in the last area of the City where this is possible. Creating added commercial area for development benefits the City and its citizens by increasing economic activity, employment, and associated tax revenues (property tax and sales tax). G. The Public Works Director determines that the benefits to the City from the exchange of benefits are equal to greater than the value of the right of way being vacated. Based on this determination, and for the reasons set forth in this ordinance, the City Council waives requirement for an appraisal for the street vacation or exchanges. H. The proposed street vacations which allow the re-alignments are not inconsistent with any adopted policies of the City. The current or anticipated transportation, utility, and emergency purposes of the vacated rights of way aze met and improved by the re- alignments. The vacations do not affect any sensitive areas, or any effect is avoided by the proposal for the City to mitigate wetlands. NOW, THEREFORE, the City Council of the City of Port Townsend ordains as follows: SECTION 1. STREET VACATION. 1. The following streets: a. The easterly 30' of Shasta Street from Discovery to 6a' Street b. The westerly 35' of Howard Street from 6`" Street to 9a' Street c. Baker Street from Discoverv to 6t" Street d. 6t" Street from Discovery to Howard are vacated subject to the following conditions: For each segment or portion of street proposed to be vacated in the Memo dated Oct. 8, 2008 from WH Pacific (City consulting engineer), the City receives property in exchange that is consistent with the Memo, in form acceptable to the City Manager and City Attorney. 2. The City Manager is hereby authorized to execute and file necessazy agreements and documents on behalf of the City to effect and implement the exchanges consistent with the Memo dated Oct. 8, 2008 from WH Pacific (City consulting engineer). 3. For any portion of right of way where the City receives exchange property in return for vacated right of way, the City Manager is authorized to execute and file with the County Auditor on behalf of the City an acknowledgement, deed, or other instrument that evidences that the City has received exchange property consistent with the Memo dated Oct. 8, 2008 from WH Pacific (City consulting engineer) and that the portion or segment of the street vacation made in consideration of the City's receipt of the exchange property is therefore complete, and the public interest in said right of way or street is released and vacated. Page 2 Ordinance 3001 4. This Ordinance shall not be recorded with the County Auditor until the all of the exchanges and terms for proposed street vacation in the Memo dated Oct. 8, 2008 from WH Pacific (City consulting engineer) have been met, as determined by the City Manager. Once recorded, recording constitutes proof the terms have been met. SECTION 2. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance, or the application of the provision to other persons or circumstances, is not affected. This ordinance shall take effect and be in force five days after the date of its publication in the manner provided bylaw. Adopted by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof; held this seventeenth day of February, 2009. ~~ Michelle Sandoval, Mayor Attest: 6 f-/~'JK Pamela Kolacy, MMC City Clerk Approved as to Form: John P. Watts City Attorney Page 3 Ordinance 3001