HomeMy WebLinkAbout2814 Modifying Ord No. 2643 to Remove Existing Trail (Lincoln Street-Westall Property) from Non-Motorized Transportation PlanOrdinance No. 2814
AN ORDINANCE OF THE CITY OF PORT TOWNSEND
MODIFYING ORDINANCE 2643 THAT ADOPTED THE NON-
MOTORIZED TRANSPORTATION PLAN TO REMOVE AN
EXISTING TRAIL DESIGNATION ON THE WESTALL
PROPERTY (227 LINCOLN STREET)
WHEREAS, Ordinance 2643 (passed June 1, 1998) adopted the Non-Motorized
Transportation Plan CNMTP"); and
WHEREAS, the NMTP maps designate various proposed and existing features
(sidewalks, trials, shortcuts, connectors). Maps contain the following note as to the
purpose and effect of the designation: "Existing trials [on private property] are
designated on this map to assist the City in determining appropriate pedestrian
connection during project development review. Designation of existing trails is for
planning purposes only and does not represent a determination of prescriptive
easements of public use of privately owned property"; and
WHEREAS, Sarah Westall filed a suggested 2002 comprehensive plan
amendment requesting removal of the existing trail designation on her property. She
asserts the designation is erroneous in that no trail exists, and further, that the
designation serves to encourage trespassers to cut across her property. The City
Council at its June 17, 2002 meeting determined not to docket the suggested
comprehensive plan amendment; and
WHEREAS, in considering whether to docket the suggested amendment,
Planning Commission members and Council members commented that the request was
appropriate and should be handled outside the comprehensive plan amendment process;
NOW, THEREFORE, the City Council of the City of Port Townsend ordains
as follows:
SECTION 1. Amendment to Non-Motorized Transportation Plan as follows:
The Non-Motorized Transportation Plan ("NMTP"), adopted June 1, 1998 by
Ordinance 2643, should be modified to remove the "existing trail" designation on
Sarah Westall's property located at 227 Lincoln Street. Staff is directed to take
appropriate actions to implement this change.
Page 1 Ordinance 2814
SECTION 2. Severability. If any provision of this ordinance or its application
to any person or circumstance is held invalid, the remainder of the ordinance, or the
application of the provision to other persons or circumstances is not affected.
This ordinance shall take effect and be in force five days after the date of 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 5th day of August, 2002.
Kees~
Attest:
Approved as to Form:
Pamela Kolacy, CMC, City Cl~'k
John P. Watts, City Attorney
Page 2 Ordinance 2814