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HomeMy WebLinkAbout1802 Street Vacation ProceduresORDINANCE NO. 1802 AN ORDINANCE ESTABLISHING A PROCEDURE FOR STREET VACATION. PROVIDING GUIDELINES AND STANDARDS THEREFOR, AND DEFINING TERMS THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, IN REGULARD SESSION ASSEMBLED, DO ORDAIN AS FOLLOWS: SECTION 1. PURPOSE The purpose of this ordinance is to provide uniform review criteria for the vacation of streets within the incorporated limits of the City of Port Townsend and to comply with the provisions set forth in Chapter 35.79, Revised Code of Washington. SECTION DEFINITIONS 2.10 Street: A public throughfare Which affords the principal means of access toabutting properties. 2.20 Alley: A passageway open to public travel which affords generally a secondary means of vehicular access to abutting lots and is not intended for general traffic circulation. SECTION 3, SCOPE This ordinance shall apply to all petitions or requests for the vacation or abandonment of platted, deeded, dedicated, granted or otherwise conveyed public right-of-ways including streets and alleys within the incorporated limits of the City of Port Townsend. SECTION 4, ADMINISTRATION 4~10 City Clerk-Treasurer~or his designee shall review all applications for street vacations to insure that the application is filled out properly and completely. 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 precedural requirements set forth in Chapter 35.79, R.C.W., including setting of public hearings, posting of notices, publishing of legal notices, and similar matters. 4.20 ~ity Engineer: The City Engineer or his designee shall coordinate the routing of the street vacation application to insure that all pertinent offices have submitted recommendations. The City Engineer shall review applications to determine whether the proposed vacated street will compliment the overall area traffic circulation. 4;30 City Street Department: The City Street Department shall review applications to de~ermine whe%her the proposed vacation will be COnsiStent-with th~ O~deraIy ~ex~a~ion~of the City Street system, 4.40 City Sewer Department: The City Sewer Department shall review appl'i'cati"6ns for '~treet vacations to determine whether the proposed vacation will be consistent with the orderly expansion and/or maintenance of the City sewer system. 4.50 City Water Department: The City Water Department shall review applications to determine whether the proposed vacation will be consistent with the orderly expansion and/or maintenance Of the City Water sbstem. 4.60 City Police Department: The Police Department shall review applications to determine whether the proposed vacation will hinder the efficient delivery of police protection for the area in which the street is to be vacated. 4.70 City Fire De.~rtment: The Fire Department shall review applic'ations to determine whether the proposed vacation will hinder the efficient delivery of fire protection for the area in which the street is to be vacated. 4.80 Emergency Medical Service: Purveyors of emergency medical service shall review applications to determine whether the proposed vacation will hinder the efficient delivery of emergency services to the area in which the street is to be vacated. 4.90 City Planning Commission: The City Planning Commission shall r~view applic'ations for" conformance with the goals and policies contained in the City Comprehensive Plan and the review criteria contained in this ordinance. The recommendation, together with special conditions if warranted, on proposed street vacations, and forward same to the City Council. SECTION 5, REVIEW CRITERIA 5.!.o..p~gnnin~. commission Action: Before the City Council takes action on street vacation applic"a"~fohs, the City Planning CommiSsion shall insure that the following criteria for street Or alley vacations are met. 5.20 Review Criteria: 1. That the proposed vacation of a street or alley is in compliance with the goals and policies of the City Comprehensive Plan, and 2. That the proposed vacated Street or alley is not required for current or anticipated overall area cirCulation, and 3. That the effectiveness of fire, law enforcement, medical or other emergency services will not be impaired by the vaction of the street or alley, and 4. That the Droposed vacated street or alley is not required as a current or anticipated utility corridor (suitable utility easements of twelve feet in width shall be required to satisfy this criteria), That the proposed vacated street or alley is not required as a current or anticipated bicycle, pedestrian, or equestrian trail corridor (suitable trail easements may be required to satisfy this criteria), and That, in compliance with Chapter 35.79.030, R.C.W., the street or alley proposed to be vacated, or part thereof, does not abut on a body of salt or fresh water, unless the vacation is to enable any public authority to acquire the vacated property for port purposes, boat moorage or launching sites, or for park, viewpoint, recreational, educational, or other public purposes, or unless the property is zoned for industrial purposes. SECTION 6, LEGISLATIVEACT~ON The City Council shall, upon receipt of a street vacation application, fix a time, by formal resolution, of not more than sixty (60) days and not less than twenty (20) 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 recommendation of the Planning Commission and all other testimony in support of, or opposition to, the proposed street vacation. The City Council shall make a decision to grant or deny petitions for street vacations by ordinance, provided, that such ordinance may retain an easement or the right to exercise and grant easements over vacated property, and, further provided, that the proposed street to be vacated, or part thereof, does not abut on a body of salt or fresh water, unless such vacation meets the requirements Set forth in Chapter 35.79.030, R.C.W., which states, "That no city or town shall be authorized or have authority to vacate such street or alley, or any part thereof, if any portion thereof abuts on a body of salt or fresh water, unless such vacation be sought to enable the city, town, port district, or state to acquire the property for port purposes, boat moorage or launching sites, park, viewpoint, recreational, or educational purposes, or other public purposes, ~This!provision shall not apply to industrial zoned property." SECTION 7, VARIANCES 7.10 Variance Request: Variances from the forgoing review criteria may be perm~'t~e~"under certain circumstances, provided, that a variance request is submitted in writing and attached to the Street vacation application. 7.20 Findings: The City Planning Commission, prior to City Council action, shall make the following finding on variance requests: 1. That there exists extraordinary condidtions or unusual circumstances peculiar to the property or structures thereon, and not the result of the action of the applicant, and That the li~erial enforcement of the review criteria would result in undue~and.unnecessary hardship, and That justice could be done and the public interest secured by~ the granting of a suitable variance. 7.30 City Planning Commission Action: The City Planning CommissiOn shall refer the variance to the City Council, together with pertinent facts and detailed recommendations. 7.40 C~.ty Council Action: In granting variances %he City Council may require such conditions as will, in its judgment, secure sub- stantially the objectives of the review criteria so varied. SECTION 8, SEVERABILITY If any section, subsection, or other portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such section, subsection, or portion shall be deemed a separate portion of this ordinance and such holding shall not affect the validity of the remaining portions of this ordinance. SECTION 9, EFFECTIVE DATE This ordinance shall become effective May 1, 1978. READ FOR THE FIRST, SECOND AND THIRD TI~S, PASSED AND APPROVED ON APRIL 4th, 1978. ATTEST: APPROVED AS TO FORM: yCi t~/Attorney