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HomeMy WebLinkAbout24-002 Setting the Conditions to Vacate a Portion of Cass Street and Directing the City Manager to Prepare the Vacation Ordinance when all Conditions are MetResolution 24-002 RESOLUTION NO. 24-002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, SETTING THE CONDITIONS TO VACATE A PORTION OF CASS STREET AND DIRECTING THE CITY MANAGER TO PREPARE THE VACATION ORDINANCE WHEN ALL CONDITIONS ARE MET WHEREAS, the City of Port Townsend initiated a partial vacation of a portion of Cass Street; and WHEREAS, the City of Port Townsend City Council approved a term sheet with Grace Lutheran Church for land exchange on October 16, 2023; and WHEREAS, the City proposes to exchange the vacated portion of Cass Street for additional property to be deeded to the City from Grace Lutheran Church consistent with the approved terms sheet; and WHEREAS, Port Townsend Municipal Code 12.20.040 governs the administration of street vacations; and WHEREAS, the City published notice of the proposed vacation in the City's official newspaper; and WHEREAS, the City Council conducted a public hearing on January 2, 2024; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port Townsend, Washington, that the City Council adopts the findings, conclusions, and conditions presented in the Development Services Department Recommendation (Exhibit A). Upon completion of the conditions listed in Exhibit A, the Council directs the City Manager to prepare and present the vacation ordinance to the City Council for final passage and recording. ADOPTED by the City Council of Port Townsend, Washington, at a regular meeting thereof, held this 16th day of January 2024. David J. l a . er ��................ ...... ................ Mayor Attest: .., ............. AlysX rigues City Clerk Approved as to form: l*eGre'enwo(, City Attorney Proposed Findings of Fact and Conclusions of the City Council Page 1 of 5 adu� c,%�t �� Planning & Community f Fort^« Development Department ownse n 250 Madison St., Suite 3 Port Townsend, WA 98368 360-379-5095 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF THE CITY COUNCIL Date: December 27, 2023 Subject: Street Vacation Application, File No. LUP23-063 Grace Lutheran Church After respectful consideration of the above -referenced application, and after timely notification and hearing, the City Council makes the following findings and conclusions: FINDINGS OF FACT Introduction 1.................ThemCity has sponsored a petition for a partial street vacation for a portion of Cass Street right-of-way on the western side of Cass Street (Tract C) adjoining Grace Lutheran Church (herein called "the Church") so the Church can construct a retaining wall for their parking lot below Cass Street. Grace Lutheran Church owns the abutting property to the proposed vacation area. The church also owns the property on the opposing side of Cass Street, which is not proposed for vacation. 2. In exchange for the requested vacation and a conveyance of a portion of the Cherry Street property for parking along the north of the building (Tract A) and an easement for joint access and utility easement, (Tract B), the Church will deed to the City a portion of its property (Tract D) to the northeast of Cass Street under the public benefit principal. The public benefit is based on an approximate equal value exchange and the City's acceptance of Tract D will improve the viability of building housing on the Cherry Street property. The corresponding benefit of equal value to the Church is to faciliate parking on their property. Both parties have determined fair value and mutual consideration. The right of way vacation ordinance is conditioned on completing a purchase and sale agreement and closing of Tract D. (Exhibit A —Map of proposed vacation and off -setting dedication). PTMC 12.20m.040. -µStreet Vacation, Administration 3. The procedures and review criteria for street vacations are found in Port Townsend Municipal Code (PTMC) 12.20. PTMC 12.20.040 sets out the administrative requirements for processing of a street vacation request. Notice of the application was provided to all parties specified by City code, including Public Works, Police, Emergency Service Providers and other franchise utility operators. No comments were received in response to the application notice. Notice of the January 2nd 2024 public hearing before the City Council was provided. Proposed Findings of Fact and Conclusions of the City Council Page 2 of 5 4. Public Works and Planning and Community Development staff has reviewed petitioner's request. While partial street vacations acre generally discouraged, staff considers the unique circinnstances of this vacation arid exchange as providing several public benefits that merit. approval, Key benefits include: more efficient parking; enhanced neighborhood character; and, because an exchange of'property will occur as part of the vacation, the result will be an increase in developable area for housing on adjacent City property, Details on the public benefits, as determined by staff are detailed below, 5. The City will retain utility easements for the pLirpose of water and sewer lines existing in the right, of way. The City water line crosses the City Property and may need to be relocated associated with future development. Relocation of the waterline will be at, the City or assign's expense. A iitility easement f'or the water line will be retained in fiavor of the City as a public main. 6. If approved, standard Council conditions for the vacation requires the Church to incorporate the vacated portion of Cass Street into their adjoining lot on parcel 965700704 prior to) finalizing vacation Ordinance, The procedure for completing this will involve submittal and approval of Lot Line Adjustment application by the Planning & COMMUnity Development Dcpartnient (DSD). Since this vacation request involves a property exchange, the standard code m(lUirenient, to obtain a fair market property appraisal can be waived as detailed in F"itioling No, 10, below. If approved, this vacation should be conditioned on the Church effectuating the Terms Sheet as signed on October 23, 2023 which requires that the Church convey Tract D to the City as part of a Lot Line Adjustment and transfer of property by deed. I'M UIX90) 5,i��Yci ion Review riteria 9. PTMC 12.20. 060 sets out ten (10) review criteria that are used to evaluate each street vacation request. These review criteria include a consistency analysis with the goals and policies of the Comprehensive Plan and other adopted City plans. The review criteria and goals/policies applicable to the subject application have been summarized below in italics, followed by a staff analysis of project conformance. A. That the proposed vacation of a street, right-of-way or alley, is in compliance with the city's engincering design standards manual and the goals and policies of the city comprehensive plan and otheradopted city plans, as shown on the list niaintained by the planning and coninninity development department, inckiding but not, limited to the following "11nictional" or "subarea" plans, as now adopted and hereafter adopted, revised or amended: 1. Shoreline Master Program; 2. Gateway Plan; 3. Nonmotorized Transportation Plan; 4. Stormwater Plan; 5. Water System Plan; 6. Sewer Plan; 7. Parks and Recreation Plan; and 0 Proposed Findings of Fact and Conclusions of the City Council Page 3 of 5 The following relevant Comprehensive Plan Goals and Policies were analyzed: Transportation Goals and Policies Use the following criteria to consider if public rights-of-way should be vacated or left unimproved: a. street continuity and property access; b. future utility needs, including stormwater facilities, and capital facilities plans; c. consistency with Land Use and Transportation Elements, as well as the overall Comprehensive Plan; and d. preservation of open space and environmentally sensitive areas. (Policy 11.4, Transportation Element of the Port Townsend Comprehensive Plan). Analysis: Criteria A.a, A.b & A.c are standard review criteria for street vacation applications pursuant to Chapter 12.20 of the PTMC. Conformance with these criteria is addressed below in the Conclusions section. In regards to Criteria A.d, the vacation area does not contain any mapped critical areas nor is it needed to further open space preservation goals of the City. The petition benefits the City's Cherry Street property by providing efficient public on -street parking and deeds Tract D to the City from the Church per the agreed upon Terms Sheet. The Tract D addition to City property will enhance the City's Cherry Street capital project to realize housing on this site. B. That the proposed vacated street, right-of-way or alley is not required for current or anticipated overall area motor vehicle circulation; and Analysis: The dimensions of the proposed 15 -foot area to be vacated would still result in a 58 -foot -wide street consistent with Engineering Design Standards as a local access street, specifically Type T-8 minimum 50 -foot right of way standard where on -street parking and driveways are provided for grid or modified grid street patterns, featuring on -street parking. The T-8 road also includes sidewalks on both sides of the street. Instead of a 5foot planter between the sidewalk and curb on the Church side of the street, sidewalk will need to be constructed along the curb leaving 5 feet between the wall and the sidewalk. The current gravel street is steep and the Church will need to install a retaining wall within the vacated area to support a parking lot. Additionally, a handrail or fence will be required unless 5 -feet of landscaping with shrubs are provided along the vacated area separating the retaining wall from the street where any vertical drops exceed 30 inches. A temporary construction fence is required to protect the public during construction and must remain until the landscaping is established. Once a new property owner applies for development on the current city -owned property, that entity will be responsible for paving Cass Street. C. That the current and anticipated future effectiveness of law enforcement, medical or other emergency services will not be unduly impaired by the vacation of the street, right-of-way or alley; and Proposed Findings of Fact and Conclusions of the City Council Page 4 of 5 Analysis: The petition was circulated to Port Townsend Police and East Jefferson Fire Rescue. No comments were submitted. However, the Fire Marshal asked the City to make sure fire access is maintained through the site from Cass Street to Cherry Street. The petition fulfills this requirement. D. That the current and anticipated future needs for public transportation service (transit), mail delivery, private utility service delivery, solid waste collection service and other public service delivery will not be unduly impaired by vacation of the street, right-of-way or alley; and Analysis: The petition was circulated to utility franchise providers. No comments were submitted. The petition fulfills this requirement. E. That the proposed vacated street, right-of-way or alley is not required as a current or anticipated utility corridor (suitable for water, sewer, storm sewer and other franchise providers; easements may be required to satisfy this criterion. The dimensions of the easement shall conform with the city's adopted engineering design standards); and Analysis: A City water line is within the Cass Street right of way. Once the adjacent City property develops, relocation of the water line may need to occur and will be at the City or assign's expense. Any relocated water line will be retained in favor of the City as a public main. F. That the proposed vacated street, right-of-way or alley is not required as a current or anticipated bicycle, pedestrian or equestrian pathway, trail or sidewalk corridor (suitable trail casements may be required to satisfy this criterion. The dimensions of the easement shall conform wi'tli the city's adopted engineering design standards); and Analysis: The proposed area for vacation is not featured on the non -motorized transportation plan and will not impede access for non -motorized access Sidewalks are planned for Cass Street. G. That the proposed vacation will not increase the potential for disturbance of a critical area, as defined by Chapter 19.05 PTMC, including critical areas within and outside of the street, right-of-way or alley proposed for vacation; and H. That, in the case of the proposed vacation of any portion of a street, right-of-way or alley which abuts a body of fresh or salt water, the proposed vacation meets the adopted criterion of this section and has been reviewed and approved in accordance with RCW 35.79.035, as both now exist or are hereafter amended; and Analysis: Relating to subsection G: Critical areas are not present on the site and will not be disturbed. Relating to subsection H: The proposed vacation does not abut a body of water. Proposed Findings of Fact and Conclusions of the City Council Page 5 of 5 I. The city shall not vacate, by petition, less than the full width of the right-of-way. The city may initiate and vacate by resolution less than a full width of right-of-way. Analysis: Due to the principal of public benefit, the City has initiated petition by resolution to vacate Cass Street for less than a full width of the right-of-way (Resolution # 23-054). J, Vacation requests for any street, right-of-way or alley cannot rely on prior actions of the petitioner(s) as a basis for approval (i.e., illegal construction of a new fence or other nonpermitted improvements). Analysis: Prior actions do not factor into the basis of approval. .'.. NI 12.X090 C.p!1ipgtLsaiton for vacation and PTMC 12 20.1.00.....j�►i����,is 10 Consistent with PTMC 12.20.090, the preparation of a fair market property appraisal can be waived by Council whenever a vacation request involves a property exchange so long as qualified City staff provide a written determination that the property value being received is equal to or greater than the value of the right-of-way vacated. In cases where a written determination of the exchanged land values is not yet available, Council approval of the request must be conditioned on providing one prior to taking action on any final vacation Ordinance. Analysis: The Department of Public Works has negotiated a property exchange to ensure the City receives equal value for the Cass Street right of way portion to be vacated. The city agreed to the Terms Sheet with the Church on October 23, 2023. This vacation is conditional upon the Church executing a deed conveying Tract D to the City as described in the Terms Sheet. The terms sheet requires that the Church complete parking lot construction over a two-year period. CONCLUSIONS The proposal complies with the applicable goals and policies of the Comprehensive Plan, as discussed in the Findings above. Vehicular and utility service to petitioner's lands and those of adjoining landowners are not adversely impacted by the vacation. The portion of the subject right-of-way is not needed for future area -wide vehicular circulation. 2. The effectiveness of fire, law enforcement, medical and other emergency services will not be impaired by the proposed vacation. Public Works staff has confirmed the right-of-way sought for vacation is no longer needed as a transportation corridor or for regional stormwater or other utility purposes. As such, staff supports the vacation request subject to conditions. 4. The subject right-of-way is not located within any mapped critical area. The portion of the street proposed for vacation does not abut a body of salt or fresh water. Proposed Findings of Fact and Conclusions of the City Council Page 6 of 5 As the proposed street vacation conforms with the goals and policies contained in the Comprehensive Plan and satisfies the review I criteria ft)r street vacations set forth in Chapter 12.20.060 of the Port Townsend Municipal Code, the Port Townsend City Council hereby APPR(WES, the above referenced application (LUP23-063), SUBJECT TO THE F01,1,0WING CONtwrIONS: 1. A final vacation Ordinance shall be presented for Council approval only after: a) he Church has submitted I"or, and received City approval of, a Lot Line Ad ustment that formally merges the vacated right-of-way into petitioner's adjoining lands; b) A utility easement For the water line shall be retained in favor of the City as a public main. c) The Church has executed a boundary line adjustment or a purchase and sale agreement (or other instrument acceptable to the City Attorney) for'l,ract D. The City Attorney will prepare the conveyance document for signature by the Church; 2. At the time of retaining wall construction, a City building permit shall be required. A ininitnum 5 -foot wide area of landscaping shall be planted at the top of the wall within the vacated area separating the retaining well from Cass Street to provide a visual and horizontal separation Froin any vertical drops greater than 30 inches. Temporary construction fencing shall be installed during construction to protect the public from the site and shall remain until a minimum 5 -foot width of landscaping is mature. I The final vacation Ordinance, together with the fully executed Lot Line Adjustment Statement of'Intent, and all other required filings shall be recorded concurrently with the County Auditor's Office. All fees and costs related to the preparation, review and recording of all documents associated with the vacation are the responsibility of the Church.