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Home My WebLink About2256 Street Vacation RegulationsORDINANCE NO. 2256 AN ORDINANCE PERTAINING TO THE VACATION OF STREETS; DE- LETING PLANNING COM}~ISSION REVIEW OF STREET VACATION APPLICATIONS; UPDATING THE CITY'S STREET VACATION OR- DINANCE WITH RESPECT TO THOSE STREETS ABUTTING BODIES OF WATER PURSUANT TO STATE LAWS; AMENDING SECTIONS OF CHAPTER 12.20 OF THE PORT TOWNSEND MUNICIPAL CODE; AND ESTABLISHING AN EFFECTIVE DATE THE CITY COUNCIL OF THE CITY OF PORT TO~SEND DO ORDAIN AS FOLLOWS: Section 1. Section 12.20.040 of the Port Townsend Municioal Code is hereby amended to read as follows: "12.20.040 Administration "A. City Clerk. The city clerk-trea- surer or his designee shall review all applications for street vaca- tions to ensure that the application is filled out properly and com- pletely. The city clerk-treasurer or his designee shall not accept application and/or application fees for deficient applications. The city clerk-treasurer or his designee shall be responsible for the procedural requirements set forth in Chapter 35.79, Revised Code of Washington, including the setting of public hearings, posting of notices, publishing of legal notices and similar matters. "B. The public works director or his designee shall coordinate the routing of the street vacation appli- cation to ensure that all pertinent offices have submitted recommen- dations. The public works director shall review applications to de- termine whether the proposed vacated street will complement the overall area traffic circulation. "C. The public works director shall re- view applications to determine whether the proposed vacation will be consistent with the orderly expansion and maintenance of the City street system, the City sewer systemm (am~) the City water system and the. City drainage system. "D. City Police Department. The police department shall review applications to determine whether the pro- posed vacation will hinder the efficient delivery of police protec- tion for the area in which the street is to be vacated. "E. City Fire Department. The fire de- partment shall review applications to determine whether the proposed ORDINANCE 2256 - 1 - vacation will hinder the efficient delivery of fire protection for the area in which the street is to be vacated. "F. Emergency Medical Services. Purvey- ors of emergency medical service shall review applications to deter- mine whether the proposed vacation will hinder the efficient deliv- ery of emergency services to the ~area in which the street is to be vacated. "G. City planning (eemmissiem) and building department. The city planning (eemmissiem) and buz~f-d~ng department shall review applications for conformance with the goals an~ policies contained in the City Comprehensive Plan and other adopted City plans and the review criteria contained in this Chap- ter. (~e-~y-~e~e~t-s~att-adep~v-by-~e~mat-me~eav-F~d~gs-e~- Fae{-aa~-a-~eeemmea~a~feav-{ege~Re~-wf~R-speefat-eea~f{feas~-ff-wa~- ~aa~edv-ea-p~epesed-s~ee~-vaea~ieasv-aad-~e~wa~d-same-~e-g~y-~e~a- eit~)" Section 2. Section 12.20.050 of the Port Townsend Municipal Code is hereby amended to read as follows: "12.20.050 Planning (eemm~sslem) and buildin~ de- partment recommendation (ae~em). Before the City Council takes ac- tion on street vacation applications, the City planning (eemmiss~em) and buildin~ department shall submit a recommendation to the City. Council, which shall include the information set forth in Section 12.20.040 and the application of' (ems~e-~a~) the criteria for street or alley vacations set ~orth in Section 12.20.060 (a~e-mee)." Section 3. Section 12.20.060 of the 'Port Townsend Municipal Code is hereby amended ~o read as follows: "12.20.060 Review criteria. Review criteria for street vacation applications shall be as follows: "A. 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 "B. That the proposed vacated street or alley is not required for current or anticipated overall area circu- lation; and "C. That the effectiveness of fire, law enforcement, medical or other emergency services will not be unduly impaired by the vacation of the street or alley; and "D. That the proposed vacated street or alley is not required as a current or anticipated utility corridor ~uitable water, sewer, storm sewer and other easements may be re- q. uired tO satisfy this criterion); and ORDINANCE 2256 - 2 - "E. That the proposed vacated street or alley is not required as a current or anticipated bicycle, oedestrian or equestrian trail corridor (suitable trail easements may be re- quired to satisfy this criterion); and "F. That, in the case of the proposed vacation of any portion of a street or alley which abuts a.body oi fresh or salt water, the proposed vacation meets the criteria and has been reviewed and approved in accordance (im-eompt~anee) with Chapter (B~=~0=030) 35.P).035, Revised Code of Washington, as now or'hereafter amended (~e_s~ee~_~-attey-p~epose~-~-be-vaea~e~v-s~- ~a~_~he~ee~v_dees_me~_a~-em-a-~edy-ef-sat~-e~-f~esh-wa~e~-~m½ess- ~he_vaea~iem_is_~e_ena~te-amy-p~t~e-a~he~i~y-~e-ae~e-~he-vaea~ed- p~epe~y_~e~_pe~_p~pesesv-~ea~-mee~age~e~-ta~meh~mg-si~esv-e~-~e~- pa~kv_w~ewpein~v_~ee~ea~iematv-ed~eaeiemat-e~-eehe~-p~tie-p~peses)'" Section 4. Section 12.20.070 of the Port Townsend Municipal Code is hereby amended to read as follows: "12120.070 Legislative action. The City Council, upon receipt of a street vacation application, shall fix a time, by formal resolution, of not more than sixty days and not fewer than twenty days from the date of said resolution, when a public hearing. will be held. The City Council, on the date of the public hearing, shall review the recommendatidn of the planning (eemmiss~em) and building department and all other testimony in support of, or opposi- tion to, the proposed street vacation. The City Council shall make a decision to grant or deny petitions for street vacations by ordin- ance, provided that such ordinance may retain an easement or the right to exercise and grant easements over vacated property, and provided, further, that the proposed street to be vacated, or part thereof, does not abut on a body of salt or fresh water, unless such vacation mee~s the requirements set forth in Chapter (B~=~9=~B0) 35.79.035, Revised C6de of Washington, as now or hereafter amended, (w~e~-s~a~es~-~ha~-me-ef~y-e~-~ewm-s~t~-§e-a~e~f~e~-e~-~ave- a~e~y_~e_vaeaee-s~e~-se~ee~-e~-attey-e~-amy-pa~e-~e~eefv-~-amY- pe~iem_e~e~ee~_a~s-em-a-~egy-e~-sat~-e~-~es~-waae~-~mtess-s~eR- vaea~em_~e_se~gR~-~e-ema~te-~e-Gl~yv-~ewm~-Pe~-gisa~iea-e~-$aaae- ~e_ae~e_~Re.p~epe~ay-~e~-pe~-p~pesesv-~ea~-mee~age-e~-ta~me~img- si~es~_pa~kv-viewpe~m~v-~ee~ea~ematv-e~-eg~ea~iemat-p~pesesv-e~- e~e~_p~btie_p~peses=--~s-p~evisiem-s~att-me~-appty-~e-im~s~ial- meme~-pzepe~y'! Section 5. Section 12.20.080 of the Port Townsend Municipal Code is hereby amended to read as follows: "12.20.080 Variances. "A. Variance Request. Variances from the review criteria set forth in Section 12.20.060 may be permitted under certain circumstances, provided that a variance request is ORDINANCE 2256 - 3 - submitted in writing and attached to the street vacation application. "B. Findings. The City (ptanmimg-esmmis- sism) Council (~_p~is~_~s_gi~y-~s~eit-ae~is~r) shalt only grant a variance if it make! the following finding! on variance requests: "1. That there exist extraordinary conditions or unusual circumstances oeculiar to the property or structure thereon, not the result of~the action of the applicant; and "2. That the literal enforcement of the review criteria would result in undue and unnecessary hardship; and "3. That justice could be done and the public interest secured by the granting of a suitable variance. "C. (~i~y_~tammimg-~emmissiem-Ae~iem~- ~e_ei~y_ptamnimg_eemmissiem-s~att-~efe~-~e-¥a~iamee-~s-~e-~i~Y- ~e~me~tr_~ege~he~_wf~h_pe~fmem~-fae~s-amd-de~afted-~eeemmenda~sms=) City Council Action. In granting variances, the City Council may re- quire such conditions as will, in its judgement, secure substantially the objectives of the review criteria so varied. Section 6. Severability.'.~If any term or provision of this Or- dinance, or any part hereof, is held to be invalid by J Court of competent~jurisdiCtion,'then the~emainder of this Ordinance or of such ~art' thereof not affected by such ruling shall remain in full force and effect. Section 7. Effective Date. This Ordinance shall take effect upon its passage, approval and publication in the form and manner provided by law. Read for the fir-st, second and third times, passed by the City Council for the City of Port Townsend and signed bv the Mayor this ~?~ day of ~~ , 1991. Attest: A~ppr~,ed as ~ form: Keith C. Harper, City Attorney Passed by the City Council: Signed by the Mayor: ~ayor Bren~ 1991 , 1991 Published: Effective date: 1991 1991 ORDINANCE 2256 - 4 - ZZff~