Title
Approval of Ordinance Vacating a Portion of Alley Right-of-Way Adjacent to 1919 Harrison Avenue NW
Recommended Action
Committee Recommendation:
N/A
City Manager Recommendation:
Move to approve on second reading an ordinance to vacate a portion of alley right-of-way adjacent to 1919 Harrison Ave NW.
Report
Issue:
Whether the City Council should pass an Ordinance vacating a portion of alley right-of-way adjacent to 1919 Harrison Ave NW.
Staff Contact:
Ladd F. Cluff, PLS, City Surveyor, Public Works, 360.753.8389
Presenter(s):
Ladd F. Cluff, PLS, City Surveyor, Public Works
Background and Analysis:
The background and analysis have not changed from first to second reading.
The West Central Park Project, property owner of 1919 Harrison Ave NW, petitioned the City to vacate a twelve (12) foot wide alley right-of-way. On May 5, 2015 Council adopted a resolution to set the date of June 16, 2015 for a Public Hearing to hear public comment regarding the request.
In September 1999 Council passed Ordinance No. 5955, vacating the north-south alley adjacent to 1919 Harrison Ave NW. The vacation required that construction on the adjacent property would begin within three years of passage of the Ordinance. The developer planned to dedicate a meandering alley located westerly of the north-south alley with the proposed development. The meandering alley was dedicated in July 2000. Development did not begin within three years. The north-south alley vacation was void September 2002, by operation of law.
Two alleys existed through the 1919 Harrison Ave NW parcel until December 2010 when Council passed Ordinance No. 6740. This action resolved the two alley issue; the north-south alley was vacated with a reservation for a sanitary sewer easement.
Ownership and development plans for the land has changed. The current owner, West Central Park Project, has petitioned the City to vacate the 12 foot wide meandering alley and in exchange, the original 12 foot wide north-south alley will be rededicated as a public right-of-way. Because the City will be receiving functionally equal right-of-way, the City is not seeking monetary compensation.
On April 15, 2015 the Site Plan Review Committee (SPRC) reviewed the petition. SPRC's recommendation to Council is to approve the vacation and accept the dedication in lieu of payment.
The petition was sent to Franchise utilities and City staff for review and comment. CenturyLink sent a letter, dated April 29, 2015, requesting that their rights be preserved for overhead communication facilities. CenturyLink has facilities within the 12 foot wide north-south alley. Approving the vacation and accepting the dedication will protect CenturyLink's rights and facilities.
City staff reviewed the request using the criteria outlined in Olympia Municipal Code Section 12.16.100. The OMC review criteria and staff comment is as follows:
A. The proposed vacation will not be materially detrimental to other properties in the vicinity, nor will it endanger public health, safety or welfare. Typical detriments or endangerments include, but are not limited to: depriving property of reasonable and convenient access; increasing traffic safety hazards; or decreasing transportation service levels.
· The proposed vacation is not needed for access to adjacent properties. The dedication of the 12 foot wide north-south alley provides necessary access.
B. The subject rights-of-way is not needed for general access, emergency services, utility facilities or other similar public purposes, nor is it necessary as part of a long range circulation plan, pedestrian/bicycle pathway plan or street improvement plan. Providing easements, relocating facilities or implementing other similar alternatives equal or superior to the existing or planned facilities may cause the petition to comply with this criteria;
· The proposed vacation is not used for general access. Emergency services, utility facilities or other similar public purposes and long range circulation needs will be provided with the acceptance of the 12 foot wide north-south alley dedication.
C. The subject vacation is consistent with the adopted Olympia Comprehensive Plan and all other related land use and circulation regulations and policies, including but not limited to the Olympia Development Standards and Titles 17 (Subdivisions) and 18 (Zoning) of the Olympia Municipal Code;
· The proposed vacation is consistent with Council's priorities and goals.
D. The subject vacation would not directly or indirectly result in an adverse impact on historical or cultural resources, the natural environment or otherwise negatively affect an environmentally sensitive area as defined by Chapter 18.76 of the Olympia Municipal Code.
· The proposed vacation does not negatively impact the area.
City staff recommends vacating this portion of alley right-of-way and accepting the dedication of the 12 foot wide north-south alley.
Neighborhood/Community Interests (if known):
The public hearing will provide an opportunity for community input on the requested vacation.
Options:
Option 1: Move to approve on second reading an ordinance to vacate a portion of alley right-of-way adjacent to 1919 Harrison Ave NW. This option allows the vacation to occur while addressing utility needs.
Option 2: Continue to receive written testimony to a date certain. This option would delay the decision until Council has enough information to make their decision.
Option 3: Reject the vacation request. This option would leave the alley right-of-way
as is. The development of the West Central Park Project may require revision, slowing the development process.
Financial Impact:
None.
Attachment(s):
Ordinance
Master Site Plan
Vacation Petition
Right of Way Dedication Deed
Vacation Sketch
Vicinity Map