HomeMy WebLinkAbout26-012 Setting the Conditions to Vacate Street Right of Ways in Cappy's Trails and Directing the City Manager to Prepare the Vacation Ordinance when all Conditions are MetResolution 26-012
RESOLUTION NO.26-012
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND,
WASHINGTON, SETTING THE CONDITIONS TO VACATE STREET RIGHT OF
WAYS IN CAPPY'S TRAILS AND DIRECTING THE CITY MANAGER TO PREPARE
THE VACATION ORDINANCE WHEN ALL CONDITIONS ARE MET
WHEREAS, the Port Townsend City Council adopted the 2025 Comprehensive Plan
Periodic Update on December 15, 2025; and,
WHEREAS, the Comprehensive Plan includes Cappy's Trails as a Future Park; and,
WHEREAS, the City and Jefferson County Land Trust have partnered to preserve Cappy's
Trails including the development of the 2008 Quimper Wildlife Corridor Plan; and,
WHEREAS, the City Council supports the Jefferson County Land Trust in the application
for grant funding to secure additional privately held properties in the Cappy's Future Park
designated area; and,
WHEREAS, approximately 28 acres of right of way is eligible for vacating with the City
and/or Land Trust owning property on both sides of the right of way; and,
WHEREAS, based on years of planning, the right of ways have been deemed not necessary
for the City; and,
WHEREAS, the vacation of right of way can be used as grant match to leverage funding to
further purchase privately held property; and,
WHEREAS, the City of Port Townsend initiated a proposal to vacate Street rights of way
in the Cappy's Trails area as depicted and enumerated in Exhibit A through approval of Resolution
26-042, setting a public hearing; and
WHEREAS, the public benefit will result from procurement of grant funding to secure
additional properties for preservation and development of the future Cappy's Trails park thereby
satisfying code requirements for value exchange; and
WHEREAS, Port Townsend Municipal Code 12.20.040 governs the administration of
street vacations; and
WHEREAS, the City published notice of the proposed vacation in the City's official
newspaper; and
WHEREAS, no other property owners abut the proposed right-of-way vacations other than
the Jefferson Land Trust and the City; and
WHEREAS, the City Council conducted a public hearing on June 15, 2026;
Resolution 26-012
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port
Townsend, Washington, that the City Council adopts the findings, conclusions, and conditions
presented in the Planning and Community/Public Works Departments staff report (Exhibit A)
Upon completion of the following conditions, the Council directs the City Manager to prepare and
present the vacation ordinance to the City Council for final passage and recording.
Conditions of Approval:
1. A final vacation Ordinance shall be presented for Council approval only after:
a) Grant funds have been secured demonstrating intangible value and tangible land
value of greater or equal value to the land being vacated;
b) Approved legal descriptions are developed for the final ordinance reflecting the
right of way vacation map depicted and parcel numbers enumerated in Attachment
A.
c) A utility easement for the water line and sewer line shall be retained in favor of
the City as a public main.
d) An agreement is executed between the City and with the Jefferson Land Trust
addresses principles outlined in the findings of fact.
e) A deed restriction for properties to be acquired with matching right of way values
and grant funds be filed for the benefit of the City outlining public open space
preservation and access per the Comprehensive Plan future park designation.
2. The final vacation Ordinance, together with the fully executed agreements and deed
restriction, and all other required filings shall be recorded concurrently with the County
Auditor's Office. All fees and costs related to the preparation, review and recording of
all documents associated with the vacation are the responsibility of the Land Trust.
ADOPTED by the City Council of Port Townsend, Washington, at a regular meeting
thereof, held this 15th day of June 2026.
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Resolution 26-012
Exhibit A
Findings of Fact, Conclusions and Conditions of Approval
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STAFF REPORT
To: Mayor and City Council
From: Planning & Community Development / Public Works
Date: June 10, 2026
Subject: Street Vacation — Cappy's Trails
I. BACKGROUND AND CONTEXT
The Jefferson Land Trust requested that the City vacate certain rights -of -way within Cappy's Trails
that are adjacent to both City -owned and Land Trust -owned properties, as shown in Exhibit A. The
request is consistent with the City's Comprehensive Plan, which guides land use and public
infrastructure decisions. Because the City owns substantial property adjoining the rights -of -way
proposed for vacation and has an interest in their disposition, it is co -sponsoring the request. Final
approval is subject to City Council action, as the vacation of public rights -of -way requires Council
authorization.
The subject rights -of -way were created as part of a historic subdivision pattern that anticipated
future urban development and the extension of a street grid into what is now known as the Cappy's
Trails area. That development pattern was never realized. Instead, the area has evolved, through
both public acquisition and conservation efforts, outlined in the Quimper Wildlife Corridor
Management Plan, as part of a contiguous connected network of open space lands characterized by
wetlands, drainage corridors, natural habitats, and informal trail systems.
Over time, the City's adopted policy direction has shifted accordingly. The 2025 Comprehensive Plan
and the 2026 Parks, Recreation and Open Space Plan clearly identify Cappy's Trails as a priority area
for conservation, habitat protection, and passive recreation. The area is no longer planned to support
vehicular street connections, and the existing rights -of -way do not function as part of the City's
transportation system.
Despite this shift in policy, the underlying platting remains. The result is a pattern gridded
undeveloped rights -of -way that divide City -owned and Jefferson Land Trust properties, complicating
management and preserving the possibility, however unlikely, of future roadway development in an
area where such use would conflict with adopted plans.
The proposed street vacation is intended to resolve that inconsistency. Byvacating the rights -of -way
and consolidating ownership, the City and Jefferson Land Trust can manage the area as a unified
open space system consistent with adopted policy. In addition, the proposal leverages the value of
the right-of-way as match funding to support the acquisition of additional lands within the Cappy's
Trails boundary, further advancing long-standing conservation objectives.
II. FINDINGS OF FACT
Introduction
2.1. The Jefferson Land Trust approached the City for vacation of certain rights of way within
Cappy's Trails bordering City and Land Trust owned properties as illustrated in Exhibit A.
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and donation resources to accomplish acquisition within the Cappy's Trails boundary.
The Jefferson Land Trust agrees to include a deed restriction on properties purchased
with grant funds identifying the area as park open space and the City as the beneficiary.
Vacation Administration
2.8. The procedures and review criteria for street vacations are found in Port Townsend Municipal
Code (PTMC) 12.20. PTMC 12.20.040 sets out the administrative requirements for
processing of a street vacation request.
2.9. Notice was provided to East Jefferson Fire and Rescue, the City Police Department, and
Public Works is involved in this application as a primary sponsoring department of the City.
No other service providers such as transit or franchise utilities provide service in the areas to
be vacated and thus notice was not necessary. The Public Works Department has been a
party to the right of way vacation and has provided input on the conditions of approval. East
Jefferson Fire and Rescue provided comments with no objection to the proposal. No other
comments were received in response to the application notice at the date of this report.
Notice of the June 15, 2026 public hearing before the City Council was provided through the
paper of record.
2.10. Public Works staff has reviewed petitioner's request. While street vacations are generally
discouraged, staff considers the unique circumstances of this vacation and exchange as
providing several public benefits that merit approval. Key benefits include preservation of
open space and the reduced risk of street extensions into Cappy's Trails.
2.11. The City will retain utility easements for the purpose of water and sewer lines existing in the
right of way. An existing City waterline and sewer line is routed through Cappy's trails. Future
utility lines may be required for system operation, though unlikely. The following figure
illustrates the location power infrastructure (red), City water lines (blue), and City sewer lines
(green).
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Analysis: There is no nexus between the Shoreline Master Plan, and the Gateway
Development Plan as amended.
The Non -motorized Plan, now the recently adopted Active Transportation Plan identifies
Cappy's for recreational and connected routes. This proposalfurthersthese objectives.
Figure4-9: Active Transportation Routes Illustrating ADA Routes
The Stormwater Management Plan identifies the area as a critical drainage corridor
(purple) and key drainage (flow path arrows) with wetlands. This proposal supports
preservation of this drainage area consistent with critical area regulations.
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The following relevant Comprehensive Plan Goals and Policies were analyzed:
Goals:
G2 Protect, sustain, regenerate, and manage Port Townsend's natural resource lands,
shorelines, and environmentally sensitive areas for present and future generations, in
balance with providing for allowed growth and development.
G85 Conserve and restore natural ecosystems and urban forests. Protect and expand
Port Townsend's natural ecosystems and tree canopy through land use regulations that
promote native vegetation, enhance urban biodiversity, reduce urban heat islands, and
support environmental education and stewardship.
Policies
P5 Protect natural resource lands, archaeological properties, and critical areas through
public and private initiatives, such as open space tax incentives, cluster development,
PUDs, transfer or purchase of development rights, public land acquisition, dedication of
City -owned tracts and street rights of way, conservation easements, landowner
compacts, soliciting donations of land, downsizing, limiting the amount of lot coverage,
and best management practices in development.
P259 Preserve long-term options for the future public use of public rights -of -way. Preserve
rights -of way for the long-term public benefit and use. The City of Port Townsend has
asserted public interest (opened) in existing Rights of Way for the purpose of
transportation, trails, tree preservation, utilities, critical area protection, open space
preservation, and stormwater mitigation
P262 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; Inclusion of the
right-of-way in applicable functional plans; and Preservation of open space, trees, and
environmentally sensitive areas.
P503 Draft and review the Streets Circulation Plan to identify right of way that can be
preserved for trails, trees, open space, or other public uses.
Action Items:
A5.02 Developing and implementing nonregulatory and regulatory means for acquiring
and developing the open space and trails network, especially in the Cappy's Trails
designated preservation area.
P470 Plan forstreet connections around and not through Cappy's Trails future open space
/ park boundary
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Figure 4-6: Sustainable Streets Plan Illustrating Arterial and Local Street Location
C. That the current and anticipated future effectiveness of law enforcement, medical or
other emergency services will not be unduly impaired bythe vacation of the street, right-
of-way or alley; a n d
Analysis: The vacation request was circulated to Port Townsend Police and East
Jefferson Fire Rescue. East Jefferson Fire and Rescue did not see any problem with the
proposal as long as access is maintained forthe current structures inside the boundary.
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 deliverywill not be unduly impaired by vacation of the street, right-of-way
or alley; and
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Analysis: The proposal include full vacation of rights of way located between City and
Land Trust ownerships.
Vacation requests for any street, right-of-way or alley cannot rely on prior actions of the
petitioner(s) as a basis for approval (i.e., illegal construction of a new fence or other
nonpermitted improvements).
Analysis: Prior actions do not factor into the basis of approval. Prior actions related to
establishment of the Quimper Wildlife Corridor has been a joint City and Jefferson Land
Trust endeavor. This section is not applicable to the proposal.
PTMC,,12,20.,O-,90:7,Comptjo,n farvacation nd PTKC.12.20,!00 -.Appr .. l
2.14. Consistent with PTMC 12.20.090, the preparation of a fair market property appraisal can be
waived by Council whenever a vacation request involves a property exchange so long as
qualified Public Works staff provide a written determination that the property value being
received is equal to or greater than the value of the right-of-way vacated. In cases where a
written determination of the exchanged land values is not yet available, Council approval of
the request must be conditioned on providing one prior to taking action on any finalvacation
Ordinance.
Analysis: The Department of Public Works determined that property value being received is
equal to or greater than the value of the right of way to be vacated. This will come in the form
of land being secured through grants in addition to the value of the right of way vacated. The
Jefferson Land Trust has agreed to providing the city a deed restriction for the purpose of
future park and open space consistent with the comprehensive plan. This vacation should
only be exercised upon successful receipt of the grant funding that will procure 28 acres or
more of area or provide an equivalent value as determined through the appraisal process, of
which is required for grant documentation.
III. CONCLUSIONS
3.1. The Jefferson Land Trust and the City are jointly proposing vacation of rights of way abutting
both City owned and Jefferson Land Trust owned property within the Cappy's Trails/Quimper
Wildlife Corridor Area.
3.2. The proposal complies with the applicable goals and policies of the Comprehensive Plan,
and functional plans as discussed in the Findings above. The portion of the subject right-of-
way is not needed for future area -wide vehicular circulation.
3.3, The vacation of right of way to leverage grant funding to further the preservation of Cappy's
trails through acquisition of private property provides a tangible value to the City both in
terms of lands and public benefit. Appraisals as part of the grant process will be available to
validate this conclusion.
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