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HomeMy WebLinkAbout3309 Related to Street Vacations and Amending Chapters 12.20 of the Port Townsend Municipal CodeOrdinance 3309 Page 1 of 2 ORDINANCE NO. 3309 AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, RELATED TO STREET VACATIONS AND AMENDING CHAPTERS 12.20 OF THE PORT TOWNSEND MUNICIPAL CODE WHEREAS, clarity in procedures and adequate collection of street vacation fees and appraisal costs result in cost recovery for the City and staff time efficiency as well as transparency for staff and customers; and WHEREAS, streets, right-of-way, and alleys provide considerable benefit to the community including neighborhood character, open space, stormwater management, wildlife corridors and potential on -street parking and should be maintained as much as possible for public benefit; and, WHEREAS, street vacations can result in a broken pattern of right-of-way ownership from block to block, which is confusing when rights-of-way do not align in a pre -platted City that needs a street grid plan in order to better understand the impacts of granting street vacations; and WHEREAS, street vacations that vacated a portion of the right of way can produce inequitable results for those who can afford the costs of appraisal and application and lead to inequitable outcomes for community use; and WHEREAS, the City's Engineering Design Standards prohibit street vacation if public benefits cannot be met; NOW, THEREFORE, the City Council of the City of Port Townsend ordains as follows: Sect ion � : "r,raen (in wt lit ,, Chapter 12.20 of the Port Townsend Municipal code is amended in substantially the same form as set forth in Exhibit A. Section ? ..Se t,,tllt1. If any sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase or work of this ordinance. 5,ecl onj. Notwithstanding any provisions to the contrary in Chapter 1.01.015 of the Port Townsend Municipal Code, staff and the Code Reviser are authorized to update and incorporate changes adopted in the Port Townsend Municipal Code. Staff and the Code Reviser are further authorized to make non -substantive edits related to numbering, grammar, spelling, and formatting consistent with this Ordinance. Ordinance 3309 Page 2 of 2 Section 4. Effective Date. This ordinance shall take effect and be in force five days following its publication in the manner provided by law. ADOPTED by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this 3rd day of April 2023. .. . ....... David Mayor Attest: Approved as to Form: Alyssa Rodrigues City Clerk c::� . . .... . ... 4111ella,i` Gre wooed City Atton cy Chapter 12.20 STREET VACATION PROCEDURE Sections: 2.2 .010 Purpose. 2.2 .02 Repealed. 2.2 .03 Scope. 12.2 0.040 Administration. 12.20.045 Petition fees. 12.20.050 Development services department (DSD) recommendation. 12.20.060 Review criteria. 12.20.070 Legislative action. 12.20.0 80 Variances. 12.20.090 ("ornpensation for vacation. 12.20.100 Appraisals. 12.2 0.110 Payment of compensation. 12.20.120 Recording ordinance. 12.20. 25 Street Vacation Conditions 12.20.130 Decision final. 12.20.010 Purpose. The purpose of this chapter is to provide uniform review criteria for the vacation of streets, rights-of-way and alleys within the incorporated limits of the city, and to comply with the provisions set forth in Chapter 35.79 RCW. (,'()Ilsistcrlt�N'itil,.t,licc.it "Sa( t!esi ri suandards and pori-motorizel jl� e , 1�_NqAcalion of str etsI r,ght`�- E�K�l "Alas iswg L x age l tl el I fight s-()f-m-ay.qR(t,"kl] S-w?yi,de co'nsicler.abl-e, benefit to the cotiit"iiutiity,,iiicltt(iil,lg,,, Liut 11ot lirpited tol..neiv.,lit),)llqqcl—ct"14rqtgr-..clll(--.I)—,"I?� storniwater-idors.,and .on street pALkjjj& pl,Aildlile cori s -eet o y ghl-pL-w a tqy_� !�,jtion applicants for street or right of way vaeatio shall have the affirmative burden to prove to the city council that the proposed vacation is consistent with all qjjj,�Iieatioji review criteria listed in this chapter. Unless naval„ criteria for approval ^r" - an applicant satisfies all et c° ct,jidt- 'iPot'-r rV street cit )r[lort'Yowriserld public rights-of-way of the eity of Por — -Y 91--- -1111---------- Townsel shall be preserved for public use. 12.20.020 Definitions. 12.20.030 Scope. This chapter shall apply to all petitions or requests for the vacation or abandonment of platted, deeded, dedicated, granted or otherwise conveyed public rights-of-way, including streets and alleys within the incorporated limits of the city. 12.20.040 Administration. A. Procedural Requirements. The PCD or public works director shall review all applications for street rigTll of and shall not accept cllc �rsygy vacations to ensure that the application is filled out properly and completely; t application armor deficient application fees, �lhfcwxns; The PCD director shall be responsible for the procedural requirements set forth in Chapter 35.79 RCW, including the setting of public hearings, posting of -notices, publishing of legal notices and similar matters. B. The PCD director shall coordinate the routing of the street vacation application to ensure that all pertinent offices have submitted recommendations. C. The public works director shall review applications to determine whether the proposed vacation will complement or impede the overall area traffic circulation and be consistent with the orderly expansion and maintenance of the city transportation system, the city wastewater systems, the city water system and the city stormwater system. D. 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. E.JeffersonFireand Rescue ��. l�;R . 441ee-Gre...depa,rtnieit I'j.I. ..shall review applications to determine whether the proposed vacation will hinder the efficient delivery of fire protection for the area in which the street w t gllt >l i, , or alley is to be vacated. F...•lz urge ic le liaal aer. �„.ic s,..l t rvey rs e f° n g cy... cdia ul � M i c sl rll c�vieww e��er�g�t�cy�.ryser�p�+�t�►. t-he-�r x•�rr�i��--wlrrcl�...tl�c.-stwt.. is...tc> wl���,...vac��te�;l: GF. Other Public Services. In such cases as the PCD director tnay-deen:v deems appropriate, the city shall seek comments and recommendations from public transportation (transit) service providers, the U.S. Postal Service, private utility providers, and the city's solid waste utility PIG. City Planning and Community Development Department. The city PCD shall review applications for conformance with the goals and policies contained in the city comprehensive plan and other adopted city plans and the review criteria contained in this chapter. 12.20.045 Petition fees. Every petition for the vacation of any street, r.l.ght cel`a <rp- alley lupi -ll e, or any part thereof, shall be accompanied by a payment to the city of a fee in the amount otherwise established by the city, to defray the costs of processing such vacation petitions and such fee shall not be refunded under any circumstances. In addition, at the time the city council, or a committee thereof, recommends granting a vacation petition, an additional fee in the amount of $750002,000 shall be paid as..la rkcl�osi(,_to cover appraisal costs for a street, w iglu .ri. rvr or alley-oaparhlwrc-Ialae. In the event an appraisal cost is less than the deprsit paymen! therefor, the vacation compensation payable to the city shall be reduced by the difference between the fee and the actual cost or, in the alternative, such difference shall be refunded. In the event an appraisal cost is more than petitroner'S deposit,,the lletrttrnlel remains responsible foieianv balance dile on the appr��isal I�,.,.the event petitioner does riot complete the vacation ael the,tialraisal fee. asan rrµtstar li.o.balance withi.n,.l �4ll, dkc erty reserve, t;ir right to file a lien on petitioner's property. 12.20.050 Planning and Community Development department (PCD) recommendation. Before the city council takes action on street vacation applications, the city planning and community development department shall submit a recommendation to the city council; whiehthat shall include the information set forth in PTMC 12.20.040 and the application of the criteria for street, or alley vacations set forth in PTMC 12.20.060. 12.20.060 Review criteria. An application seeking the complete or partial vacation of a street, right-of-way or alley may be approved by the city council only upon an applicant demonstrating, to the satisfaction of the city council, compliance with all of the following criteria, measured both in terms of present and potential public need for the street, right-of-way, or alley: A. That the proposed vacation of a street, right-of-way or alley is in compliance with the city's engineering design standards manual and the goals and policies of the city comprehensive plan and other adopted city plans, as shown on the list maintained by the planning and community development department, including but not limited to the following "functional" or "subarea" plans, as now adopted and hereafter adopted, revised or amended: 21. Shoreline Master Program; 332. Gateway Plan; 43. Nonmotorized Transportation Plan; 54. Stormwater Plan; 65. Water System Plan; 7. Parks and Recreation Plan; and B. That the proposed vacated street, right-of-way or alley is not required for current or anticipated overall area motor vehicle circulation; and C. That the current and anticipated future effectiveness of fire law enforcement, medical or other emergency services will not be unduly impaired by the vacation of the street, right-of-way or alley; and 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 tliw—vacation of the street, right-of-way or alley; and 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 easements may be required to satisfy this criterion. The dimensions of the easement shall conform with the city's adopted engineering design standards); and 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 easements may be required to satisfy this criterion. The dimensions of the easement shall conform with the city's adopted engineering design standards); and G. That the proposed vacation will not increase the potential for disturbance of a critical area environmentally sensitive area (ESA), as defined by Chapter 19.05 PTMC, including ESAs critical µareas situated 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 ri9ltt ol`-way or alley which abuts a body of fresh or salt water, the proposed vacation meets the e�r:teiidrapCcrl criterion_ of P I MC 12 20 060 and has been reviewed and approved in accordance with RCW 35.79.035, as both now exist or are hereafter amended.-; and I. The wCity shall not vacate.,_hy petition, less than the full width of the right„of wa , The City i.. in initiate and v�acati, by. resolution less than a full width of light of way. ,l. Vacation nLiia t...:'or �t t c 1, .1N l t-ot wily o1 alley r ,Tl wt„ic y oma w c>t t t a s i...dll petiteaitc ids), as a„basis for approval �a e illegal con°trllctaon..of a new fence orm,,othei �u>n.- per r11rtted ranpro cnl,ent t.: 12.20.070 Legislative action. The city council, upon receipt of a street vacation application, shall fix a time, by formal resolution, of not more than 60 days and not fewer than 20 days from the date of said the resolution, when a public hearing will be held. The city council, on the date of the public hearing, shall review the recommendation of the PCD and all other testimony in support of, or opposition to, the proposed street vacation. The city council shall make a decision .a[ld rlrlcala,t, l.11cli�g:..i.racl cowac larsiclrs..to pr..l.!!llarl.va..11y...grant or deny petitions for street vacations. The approved findil..and conclusions shall ,re­­ter­efice ani conditions deemed., allptat p tett 17y..the city council „foi wp�.Jtioner° to see e final a, l,)rovgj o f the vacation by council ordinance The p titioncr must submit c ,nq)p[iancc....with all conditions thin 180 da s unless extc lded by the„ caiy council _.so thatw city cor>ncal„may conduct a�alrev�ew aalcl approve the vacation by ordinance; 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 meets the requirements set forth in RCW 35.79.035, as now or hereafter amended liladditi.o ll unless waived kly the city council final ll pacav<;al of ,a street vacation must inclUd( completion of a city lot lane adjustment that effectively merges the vacated street., right -of way or alley into the adjoining prlN t,,q � landswln accordance with the city council's findings sand conclusions. 12 2 .ill ilNaaviarrn es-, ....c..1quost;p....riac 1`r llc..viw cite°a-set...ltl.,,i.►1"1= I.ry.(1&)tl.tray be and attached -t)411( -street varianee requests: -�-;.:h"laat..thc�r•c�eist ��x:�tr�aa�aralia�aar..c�aa��la���ns�a�.�w..uaa�asaa��.1.�.qac.>k:�aa�taaaac�:�-l�eca.�ha�aa° #a► tla�� l�r�ap�r�ty...a��r�t���-rtaa�.o..gl„���weaza�a� �a��t�the�^ aa:����lt aaC"tl,ae arc°�tia�arl"tha� ��l�pla��a��w...arr�l 2, 4"hat-the linea, eaa1'carc ar art...aal"..the a vic ait:e as � aa+1a�1 t��t.wl ..i�a a�rrcIae aarl...unnecessiaar"y ���-ro:l h�at�.,�f����strce-��a�nlaa.����"�la�aa��u���aaacl �f�wc� ata��hlm�-�a��a�t���ti.t,mseca"a�a.�ad�..�la�_th�e..�gsraaat�ia�a"g��a�N`.a sa�itra l�e ��..p.f..�.ty.„�°a�rwNaa:�i�l a:�tion lra..�.►.�aaaati��at �µ�a�i���a�c�TMs�...tlac�noi�ty c�a��u�ar�i.1.a:aa.ax..rerl.�:�a����aa�h �,a���aaltaaaaa..;; 12.20.090 Compensation for vacation. A. All ordinances vacating any street, right-of-way or alley, or any part thereof, shall provide that the same shall not become effective until the owners of property abutting upon the street, right-of-way or alley, or part thereof, so vacated, pay to the city one-half of the appraised value of the area so vacated, or the full appraised value of the area vacated if the street or alley has been part of a dedicated public right-of-way for 25 years or more, or the full appraisal value if the city acquired the right-of-way other than by dedication; provided, however, that in lieu of payment of appraised value, the city council, in its discretion, may authorize and accept dedication or conveyance of real property to the city in exchange for the vacated street, right-of- way or alley. In the event the city council accepts such property exchange, the exchanged properties shall be for use by the city for transportation, (motorized and nonmotorized) circulation, utility and/or stormwater retention and control purposes. Frequently flooded areas, wetland areas, natural drainage corridors, and areas which may serve local or regional stormwater control purposes are considered properties having stormwater retention and control purposes. B. In considering and approving applications proposing a property exchange as compensation in lieu of appraised value, the city council may waive the requirement that the applicant obtain an appraisal; provided, that qualified public 000rl«dty personnel (as defined in PTMC 12.20. 100) provide a written determination that the value of property received will be equal to or greater than the value of the right-of-way vacated. In cases where when this determination is not made at the time the city council considers the application, the city council's decision approving a street, right-of-way or alley vacation application shall be conditioned upon this determination. The "value received" may include intangible values or benefits received by the city through implementation of comprehensive plan goals and policies (including goals and policies of the city's "functional" and "subarea" plans) and provision of other public health, safety and welfare benefits to the city. C. One hundred percent of the l.iai�ri l ar et valcie revenue received by the city as compensation for the area vacated must be dedicated to a reserved transportation system improvement account for the purchase of rights-of-way or transportation facility easements within the city 12.20.100 Appraisals. A. Except as provided in PTMC 12.20.090 (B), the PCD or public works director is authorized to obtain or require the applicant to obtain an appraisal from a qualified, independent appraiser. The appraiser shall appraise the fair market value pursuant to customary industry standards for real property appraisals of such streets, rights-of-way or alleys as are approved for vacation after hearing by the city council. All applicants shall be required to pay the full cost of an independent, qualified appraisal prior to the city council adopting an ordinance formally vacating the street or right-of-way. City staff will pwrgyjde ,pq ti01ie.r with a c<al ��� tNac _ pl�r�r►���V �111e1w,�t � coii?f?le�ed� B. Apfiraisals required under subsection A arbove,,shall be considered valid for amsix-month period from the date of completion If the appraisalµtime laaine is„exceeded and petttion.crs still wish to finalize the µvacation, a new appraisal will begreauired unless waived by. Citvwcquncil resolution, All costs ..ia*si> associated with ait'Y isa: are Iretrtror c.r`"...a..a ;pcirisM ality. If.l�rc,larl1tjt ii°y app oval ofthe vacation by ley the city ec ajtic il, firi tl ca�iwttpletic�ii...of the vacation ...ljrQ!g � shall be....coWleted by, petit ioner within .180 d4ys 14C. Under circumstances provided in PTMC 12.20.090(B), qualified c0it wl:)aabl .W(""!ks depa-runent personnel may be used to make the required appraisals without cost to the applicant. For the purposes of this section, "qualified prabhc worrmeans employee(s) or contractors of the lablic ..warksW delaartent...i.t,y who have work experience as professional appraisers or adequate experience in real estate transactions in the local real estate market to enable the pti�-4,ie-�work,,cit employees) to make a reliable, independent and well- informed determination of comparable market values of real property. Under circumstances as provided in PTMC 12.20.090 (B), the finance director shall provide written approval of all appraisals conducted by qualified personnel. 12.20.110 Payment of compensation. Upon securing an appraisal of the value of the street, right-of-way or alley area to be vacated as provided in this chapter, the planning and community development (PCD) director shall notify the petitioner that payment of such appraised value, deducting therefrom any appraisal fee coverage not previously refunded to petitioner, may be made to the finance director for deposit in the appropriate fund or funds, as directed by the city council. The finance director shall make a written report of such payment to the PCD director. 12.20.120 Recording ordinance. As required by law, a certified copy of the ordinance vacating a street, alley or of -way or" o " i ' i thereof, shall be recorded by the city clerk in the office of the Jefferson County auditor, upon receipt by the city of all fees,-apA-compensation and_cotnpt��jjon ol'all required conditions of " apprgy;Aj,hereunder. 12.20.125 Street Vacation Conditions. The .:cit y.,council has broad discretion in.,qp n with conditions, or denying approving gapproving en in an'111- 9 y street vacation Detition. In addition to reserving .ut Llity easements or other conditions deemed necessar th !ioi ,a d,a pj�oy� lflys�%LIYK PNpqr4 - I -n-- --p j), --PLq0y c W �'J !�� consolidate the vacated ri f -w i th ght s -o jjtp appropriatea i costs associated ------- -11— --- _q�.adjoining with any lot„line adjtrstnient condition are the petitioners' res-oonsibility. If req �ire&jhe lot line _qjqstMent is recorded concurrent with the final ordinance vacating tljc� sLibjqqrigh ---qqqtL right-of-way. 12.20.130 Decision final. Any decision, finding, ruling, order or determination of the city council made pursuant to street vacations provided for in this chapter shall be final on the effective date of an ordinance giving effect thereto, and no action to set aside or modify the same shall be brought in the superior court or other tribunal unless the action shall be filed within 30 days from the effective date of such decision, finding, ruling, order or determination.