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HomeMy WebLinkAbout97-092Resolution No. 97- q ~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND SUSPENDING REVIEW AND CONSIDERATION OF STREET VACATION APPLICATIONS PENDING ADOPTION OF THE COMPREHENSIVE NONMOTORIZED PLAN, IMPOSING A MORATORIUM UPON APPLICATION ACCEPTANCE/CONSIDERATION RETROACTIVELY FROM JULY 22, 1997, AND DECLARING AN EMERGENCY The City Council of the City of Port Townsend, Washington, resolves as follows: WHEREAS, a substantial number of unopened, platted street rights-of-way exist in Port Townsend; and WI~S, the City receives numerous applications to vacate unopened street rights-of- way, filed by abutting property owners in order to terminate the public easement interests in such fights-of-way and thereby free their properties for development, unencumbered by public easement rights; and WHEREAS, historically, the City has vacated numerous public street rights-of-way, often without a comprehensive consideration of the overall, long-term circulation and utility needs of Port Townsend which should be considered as the city grows and develops over time; and WHEREAS, the City is currently engaged in a process to develop a Comprehensive Nonmotorized Transportation Plan, where the City is reviewing the long-term nonmotorized circulation demands of the city, including evaluating retaining and developing public rights-of-way exclusively for nonmotorized circulation and utility needs; and WHEREAS, until completion of the Comprehensive Nonmotorized Plan, the City is unable to fully analyze, on a long-term basis, the full impact upon the city circulation system of ongoing street right-of-way vacations; and WHEREAS, the Port Townsend Comprehensive Plan, adopted in July 1996, contains goals and policies which discourage street vacations that may conflict with the City's long-term motorized and nonmotorized transportation and utility needs; and WItF~, the Land Use Element of the Comprehensive Plan provides at page IV-19: 4.3.3 When revising the Port Townsend Municipal Code (PTMC) to implement this Plan, provide incentives that encourage developers to provide neighborhood parks which serve the residents of new development (e.g., density bonuses, mitigation land banking, creative right-of-way use). WHERF~S, the Land Use Element of the Comprehensive Plan provides at page IV-18: Policy 3.7: Identify existing unopened fights of way, utility corridors and drainage corridors for use in developing the [pedestrian] trails system. Design trails in a manner which allows the corridors to function as urban wildlife corridors. WBIE'2REAS, the Transportation Element of the Comprehensive Plan provides at page VI-5 through VI-6: Unimproved Street Rights-of-Way. Most of Port Townsend's unimproved streets were platted in the late 1800s. As outlined in the goals and policies of this element, it may not be in the best interest of the public to improve all of the currently platted streets .... Preservation of open spaces and environmentally sensitive areas (ESAs): The street network should be designed to minimize opening of new streets, to preserve open spaces and ESAs, as well as enhancing pedestrian and other modes of nonmotorized travel. Construction of trails and other open space improvements may be required in lieu of the street. Also, wetlands and wildlife habitat corridors should be protected by leaving key fights-of- way undeveloped. Specific street fights-of-way which could be left unopened for a variety of public uses should be identified in the Nonmotorized Plan. Links between unimproved fights-of-way and proposed roadways, drainage corridors, trails and open spaces and ESAs should be identified in the Nonmotorized Plan and coordinated with the Open Spaces and Trails Plan recommended with the I.and Use Element of this Plan. WHEREAS, the Transportation Element of the Comprehensive Plan provides at page VI-24: Rights-of-Way Management Goal 9: To preserve long-term options for the future public use of public rights- of-way. 2 Res. 97- ~'~'- Policy 9.2: Set aside specific unopened rights-of-way for greenways, regional stormwater drainage facilities, and pedestrian access on trails. Policy 9.4: a. b. C. d. Use the following criteria to consider if public rights-of-way should be vacated or left unimproved: Street continuity and property access; Future utility needs, including stormwater facilities, and capital facilities plans; Consistency with Land Use and Transportation Elements, as well as the overall Comprehensive Plan; and Preservation of open space and environmentally sensitive areas. and Policy 9.7: Discourage street vacations until the Comprehensive Nonmotorized Plan is adopted, in order not to forgo future public use opportunities; WHEREAS, the Port Townsend Engineering Design Standards, adopted in April 1997, provide that the city's platted street fights-of-way should be used not only for motor vehicle travel, but should also be preserved and utiliTed for a variety of public uses, and that street rights-of-way should be designated for preservation Uon the City's Street Map, due to actual or planned use for non-motorized connections, traffic calming, or other public use .... . (Engineering Design Standards, page 6-5 through 6-6); and WHEREAS, the review criteria set forth in PTMC 12.20.060 for granting or denying street vacation applications requires that the proposed vacation of a street or alley "is in compliance with the goals and policies of the city Comprehensive Plan and other adopted city plans," and that the street or alley is not required for a variety of nonmotorized and motorized circulation needs. Pending adoption of the Nonmotorized Plan, the Council finds that the City currently lacks adequate information to approve street vacations in accordance with PTMC 12.20.060; and ~, all decisions of the City to approve or deny street vacations rest within the legislative discretion of the Port Townsend City Council, acting in its proprietary capacity, in deciding whether a particular application may impact the overall motorized and nonmotorized circulation and utility needs, as well as other public needs, associated with unopened street rights- of-way. Easement rights in unopened rights-of-way represent an important and valuable publicly 3 Res. 97- /~ gL owned property right, which should not be relinquished without clear public benefit and/or a clear showing that current or future public need for rights-of-way will not be abrogated; and WHEREAS, in accordance with the goals and policies of the Comprehensive Plan, until the City completes its Comprehensive Nonmotorized Plan, the City is not in a position to assess the full impacts of any particular street vacation application, and cannot adequately judge whether a particular application meets the goals and policies of the Comprehensive Plan, as well as the requirements set forth in PTMC 12.20.060; and WHEREAS, at the July 21, 1997 Port Townsend City Council meeting, the City Council directed the Building and Community Development Depamnent and the Public Works Department to decline accepting and reviewing any further street vacation applications, effective July 22, 1997, until final adoption of the City's Comprehensive Nonmotorized Plan, or January 1, 1998, whichever first occurs; and WHE~AS, this resolution is enacted in the City Council's legislative capacity, addressing proprietary issues of the City and does not relate to land development applications subject to RCW 36.70A.390 or RCW 35A.63.220. Therefore, because this resolution does not constitute an interim development regulation, the Council is not obligated to hold a public hearing regarding this resolution; and WHEREAS, the inappropriate, uncoordinated and unplanned vacation of unopened street rights-of-way damages the City's ability to provide utility services and to serve the circulation demands of the public, negatively affecting public health, safety and welfare; and WHEREAS, the City Council believes that it is essential to preserve all planning options, for the use of unopened street rights-of-way and to serve the public health, safety and welfare needs of the residents and visitors to Port Townsend. In order to ensure the City's ability to pursue all planning options, it is essential that street vacation applications not be considered until final adoption of the City's Comprehensive Nonmotorized Plan, or until January 1, 1998, whichever first occurs, NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Port Townsend as follows: 1. Effective July 22, 1997, the City shall not accept, and shall not process, any applications for street vacations pending adoption of the Port Townsend Comprehensive Nonmotorized Plan. All street right-of-way vacation applications received on or after July 22, 1997 shall not be accepted, and the City shall not take any action to consider such applications until adoption of the Comprehensive Nonmotorized Plan. All applications received prior to 4 Res. 97- July 22, 1997 which were not substantially complete on July 22, 1997, shall not be considered in accordance with this resolution. 2. If the City continues to accept street vacation applications pending consideration and adoption of the Port Townsend Nonmotorized Plan, the City would be in violation of goals and policies of the Port Townsend Comprehensive Plan, and could be compromising future circulation needs and other right-of-way needs of Port Townsend residents and visitors. Accordingly, this resolution is necessary to preserve and protect and public health, safety and welfare of Port Townsend residents, and is adopted as an emergency measure. 3. Certain street vacation applications may be necessary to advance the health, safety and welfare of Port Townsend residents and shall be exempt from this resolution; provided, however, the Building & Community Development (BCD) Director shall seek authorization from the Council on a case-by-case basis prior to accepting such applications. Such applications include the following: a. Street vacations which are necessary to accomplish specific objectives stated in the 1996 Comprehensive Plan; b. Street vacations which are necessary to accomplish specific public projects approved in the Capital Facilities Plan, and utility system improvement projects; c. Street vacations proposed by private land owners in order to exchange new rights-of-way to serve and advance City utility and/or motorized or nonmotorized circulation needs; and d. Street vacations which are necessary to mitigate otherwise unavoidable adverse environmental impacts of a project, so long as utility and circulation needs are not negatively impacted. Notwithstanding any provision herein to the contrary, all applications exempted from this resolution shall meet all requirements of PTMC 12.20.060 and all other requirements of applicable local, state and federal plans, policies and regulations. 4. This resolution is remedial in nature and shall be retroactive from July 22, 1997, and shall expire upon final adoption by the Port Townsend City Council of the Comprehensive Nonmotorized Plan (including expiration of any appeal periods), or January 1, 1998, whichever first occurs. The City Council retains its discretion to extend the applicability of this resolution after Jannsry 1, 1998, in the event the Comprehensive Nonmotorized Plan is not adopted on or before that date. 5 Res. 97- ~ ADOPTEB by the City Council of the City of Port Townsend and signed by the Mayor on this 4th day of August, 1997. Attest: Pam K01acy, City Cl&rk ~ 07/30/97 [97,26] CA§Res{CompNMP.doc} Juli °Ch, Mayor Approved as to Form: ~~L /an,~Cit:y Attomey'~ 6 Res. 97- ~ o%.