Title
Approval of an Ordinance to Vacate a Portion of an Alley Right-of-Way Adjacent to 600 Franklin Street SE
Recommended Action
Committee Recommendation:
Not referred to a committee.
City Manager Recommendation:
Move to approve on second reading an ordinance vacating as a public thoroughfare a portion of alley right-of-way adjacent to 600 Franklin Street SE, and reserving an easement for public and private utilities as they now exist.
Report
Issue:
Whether the City Council should pass an Ordinance vacating a portion of alley right-of-way adjacent to 600 Franklin Street SE.
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 property owner of 600 Franklin Street SE petitioned the City to vacate a nine (9) foot strip of adjacent alley right-of-way. On April 7, 2015 Council adopted a resolution to set the date of May 19, 2015 for a Public Hearing to hear public comment regarding the request.
The public hearing was held on May 19, 2015. Due to public comment and concern, Council approved the continuation of written public comment to June 9, 2015.
The owner of 620 Franklin Street expressed the following concerns:
· Was not informed of the petition to vacate and did not receive notice of the public hearing.
· Potential loss of access to their parking adjacent to the alley at the rear of their building.
Following the public hearing, staff facilitated a meeting May 29, 2015 with the owner of 620 Franklin (Ed Brooks) and the petitioner (Walker John). The parties discussed the proposed vacation and impacts to 620 Franklin parking and the 321 Lofts project. The parties agreed to a compromise that meets their needs and complies with City code and policy. See Carnegie Agreement, attached.
Both parties have submitted written testimony describing and agreeing to the compromise. The right-of-way vacation request is being reduced from 9.00 feet to 5.50 feet.
Staff recommends approving the petition to vacate 5.50 feet of public right-of-way as described in the proposed ordinance and retain an easement for public and private utilities where they now exist. This recommendation and the ordinance are consistent with the compromise reached by the two parties.
Notifications:
At the Public Hearing, Council asked staff to review the notification process, specifically the notice to the owners of 620 Franklin Street as it relates to this request.
City code requires the petitioner to submit a mailing list of all property owners within 300 feet of the proposed vacation. Typically, the mailing list is prepared by a Title Company from the County tax rolls. Unfortunately, the building address of 620 Franklin Street is listed as the official mailing address for the property owner. The building was vacant at the time of mailing and did not have a forwarding address in file with the Postal Service. The hearing notice was returned to the City a few days prior to the hearing. Mr. Brooks' office, owner of 620 Franklin, was made aware of the public hearing by seeing the required public notice sign posted in the alley and contacted Ladd Cluff by email May 11, 2015. An email response was sent later that day, describing the proposed vacation with an attached map detailing the proposal.
Staff is discussing options for notice to adjacent property owners for future such situations.
Neighborhood/Community Interests (if known):
No additional public comments were received. This recommendation and the ordinance are consistent with the compromise reached by the two parties.
Financial Impact:
Per the attached ordinance, the applicant is required to compensate the City for the vacated alley. This is based on an appraisal of the affected right-of-way, conducted by an appraiser acceptable to the City and paid for by the applicant. The typical payment is 50 percent of the appraised value, and must be paid within 90 days of Council's adoption of the ordinance.
Options:
Option 1: Approve the amended vacation request, retaining a utility easement.
This option allows the vacation to occur while addressing utility needs.
Option 2: Reject the vacation request.
This option would leave the alley right-of-way as is. The development of 321 Lofts parking lot will require revision, slowing the development process.
Attachment(s):
Ordinance
Carnegie Agreement
Vicinity Map