Loading...
HomeMy WebLinkAboutBAY VISTA (FMR WESTPARK) Return Address: City of Bremerton City Clerk 345 Sixth Street. Suite 600 Bremerton, W A 98337 BREMERTON CITY OF 200906150141 Ordinance Rec Fee: $ 48.00 06/15/2009 10:46 ~M Page: 1 of 7 Walter Washington, Kitsap Co Puditor 11111111111111111 1111111111111111111111111111111111111111111111111111111111I11111111111111 AUDITOR/RECORDER'S INDEXING FORM Document Title(s): 1. Ordinance 5081 Reference Number(s) of Documents assigned or released: Not applicable Grantor(s): 1. City of Bremerton D Additional names on page of document. Grantee(s): 1. Not applicable D Additional 'names on page of document. Legal Description: Portion ofSE Y4 of Section 16 and the NE Y4 ofNE Y4 of Section 21, T.21 N., R.lE, W.M., (abbreviated) Kitsap County, Washington D Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number: Not applicable ORDINANCE NO. 509 ( AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the vacation of roadways within Bay Vista (formerly known as Westpark) and reserving certain easements in the City of Bremerton. WHEREAS, Bremerton Housing Authority has initiated the vacation to facilitate redevelopment of Bay Vista in the City of Bremerton.; and WHEREAS, the City passed Resolution No. 3080 setting a hearing date to consider the vacation of roadways within Bay Vista, which resolution also set a hearing to take public comment or consider written objections to the vacation; and WHEREAS, fewer than fifty percent of the property owners abutting said right- of-way filed written objections to this action prior to the time set for public hearing herein; and WHEREAS, a public hearing was held with proper notice on May 20,2009, in the City Council Chambers of the Bremerton City Hall to take public comment or consider written objections to the vacation; and WHEREAS, this is a Class I Right of Way and compensation will be paid in the form of the new roadway dedication in Bay Vista pursuant to BMC 11.20.140(D); and WHEREAS, the City Council has determined that it is in the best interest of the public to proceed with the vacation; and WHEREAS, the City Council has directed the preparation of an ordinance vacating roadways in Bay Vista; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: herein. SECTION 1. Recitals. The foregoing recitals are incorporated as if fully set forth SECTION 2. Vacation. That portion of roadways within Bay Vista, formerly known as Westpark, in the City of Bremerton, as described in Exhibit A, which is attached and incorporated herein by this reference, is hereby vacated to the abutting property owners. 1 Vacation of Roadways within Bay Vista and Reservation of Easements SECTION 3. Reservation of Easements. (a) An easement is reserved for Comcast for operation, maintenance and repair of cable lines over, under and upon the entire area vacated pursuant to this ordinance. (b) An easement is reserved for Qwest for operation, maintenance and repair of telephone lines over, under and upon the entire area vacated pursuant to this ordinance. (c) An easement is reserved for Cascade Natural Gas for operation, maintenance and repair of gas lines over, under and upon the entire area vacated pursuant to this ordinance. (d) An easement is reserved for the City of Bremerton, Public Works and Utilities Department for construction, operation, maintenance and repair of City utilities over, under and upon the entire area vacated pursuant to this ordinance. SECTION 4. Vested Rights. No vested rights shall be affected by the provisions of this ordinance. SECTION 5. Severability. If anyone or more section, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 6. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the cJ.tJ::t:J.J day of '7tt. 4 "f' , 2009. ~~~~ CECIL MCCO ELL, CouncIl PreSIdent Approved this c:2fl:t:;l; day of ~, 2 Vacation of Roadways within Bay Vista and Reservation of Easements ATTEST: APPROVED AS TO FORM: ~::::~~eY ~ ,2009. J , 2009. PUBLISHED the ~ tit-)) day of EFFECTIVE the f:l:b day of ORDINANCE NO. S-tJ /l / 3 Vacation of Roadways within Bay Vista and Reservation of Easements Exhibit A LEGAL DESCRIPTION THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 16 AND THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER SECTION 21, TOWNSHIP 24 NORTH, RANGE 1 EAST, WILLAMETTE MERIDIAN, IN KITSAP COUNTY, WASHINGTON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 21; THENCE SOUTH 01059'38" WEST, ALONG THE EAST LINE OF SAID SECTION 21, A DISTANCE OF 919.82 FEET TO. THE NORTHERLY MARGIN ARSENAL WAY AS SHOWN ON .AN UNRECORDED PROPERTY SURVEY DATED OCTOBER 19, 1940, OBTAINED FROM THE CITY OF BREMERTON (MAP NO. 1340); THENCE NORTH 60046'29" WEST, ALONG SAID NORTH MARGIN, A DISTANCE OF 33.74 FEET TO THE WESTERLY MARGIN OF OYSTER BAY AVENUE AND THE TRUE POINT OF BEGINNING; THENCE NORTH 60046'29" WEST, ALONG THE NORTHERLY MARGIN OF SAID ARSENAL WAY, A DISTANCE OF 317.22 FEET TO THE NORTHEASTERLY MARGIN OF' STATE ROUTE NUMBER 3 AS SHOWN ON SHEET 4 OF 9 SHEETS, ARSENAL WAY TO CHICO RIGHT OF WAY APPROVED BY THE STATE HIGHWAY COMMISSION ORDER, DATED SEPTEMBER 22, 1964 AND SHEETS 2 AND 3 OF 9 SHEETS, ARSENAL WAY TO CHICO RIGHT OF WAY AND LIMITED ACCESS MAPS, DATED DECEMBER 17, 1971, PREPARED BY THE STATE OF WASHINGTON DEPARTMENT OF HIGHWAYS; THENCE NORTHERLY ALONG THE NORTHEASTERLY MARGIN OF SAID STATE ROUTE 3 THE FOLLOWING COURSES: THENCE NORTH 32015'47" WEST, A DISTANCE OF 214.67 FEET; THENCE NORTH 37017'58" WEST, A DISTANCE OF 148.44 FEET; THENCE NORTH 41038'21" WEST, A DISTANCE OF 221.49 FEET; THENCE NORTH 42051'14" WEST, A DISTANCE OF 525.68 FEET; THENCE NORTH 31032'38" WEST, A DISTANCE OF 101.98 FEET; THENCE NORTH 42051'14" WEST, A DISTANCE OF 53.69 FEET; THENCE NORTH 03012'58" EAST, A DISTANCE OF 40.00 FEET; THENCE NORTH 44007'31" WEST, A DISTANCE OF 1338.86 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIAL BEARING OF NORTH 42037'24" EAST AND A RADIUS OF 1527.10 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE, AN ARC LENGTH OF 327.22 FEET, THROUGH A CENTRAL ANGLE OF 12016'38"; THENCE NORTH 13045'07" WEST, A DISTANCE OF 179.83 FEET; THENCE NORTH 85052'07" WEST, A DISTANCE OF 24.28 FEET; THENCE NORTH 08035"33" WEST, A DISTANCE OF 7.35 FEET TO THE EASTERLY MARGIN OF ARSENAL WAY; THENCE LEAVING SAID NORTHEASTERLY }u~~IN CF STATE ROUTE InTI1BER 3, NORTH 25046'33" EAST, ALONG SAID EASTERLY MARGIN, A DISTANCE OF 552.42 FEET TO THE SOUTHERLY MARGIN OF KITSAP WAY (ALSO KNOWN AS STATE ROUTE Nu~BER 310, FORMERLY STATE ROUTE NlMBER 21), TO A POINT WHICH IS THE INTERSECTION OF AN EULER SPIRAL CURVE CONCAVE TO THE SOUTH, HAVING A CHORD LINE WHICH BEARS SOUTH 82057'01" EAST, AND A DISTANCE OF 121.70 FEET AND TERMINATES AT CS STATION 133+21.7, AS SHOWN PER RECORD OF SURVEY RECORDED UNDER RECORDING NUMBER 200901160038, RECORDS OF SAID COUNTY, SAID SPIRAL CURVE HAS A SPIRAL LENGTH OF 121. 15 FEET; THENCE SOUTH AND EAST ALONG THE SOUTH MARGIN OF SAID KITSAP WAY THE FOLLOWING COURSES: THENCE SOUTHEASTERLY ALONG SAID CENTRAL CURVE, CONCAVE TO THE SOUTH, HAVING A RADIAL BEARING OF SOUTH 10026'28" WEST, AND A RADIUS OF 900.00 FEET; THENCE CONTINUING ALONG SAID CURVE AN ARC LENGTH OF 20.45 FEET, THROUGH A CENTRAL ANGLE OF 01018'07" TO THE POINT ON CURVE STATION OF 133+00, AS SHOWN PER SAID RECORD OF SURVEY; THENCE SOUTH 11044'35" WEST, ON A RADIAL BEARING WITH SAID CURVE, A DISTANCE OF 10.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE SOUTH HAVING A RADIUS OF 890.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE, AN ARC LENGTH OF 38.83 FEET, THROUGH A CENTRAL ANGLE OF 02029'58" TO THE BEGINNING OF AN EULER SPIRAL CURVE CONCAVE TO THE SOUTH, HAVING A CHORD LINE WHICH BEARS SOUTH 68029'36" EAST, AND A DISTANCE OF A 347.20 FEET, THENCE CONTINUING ALONG SAID SPIRAL AN ARC LENGTH OF 341. 75 FEET; THENCE SOUTH 64057'29" EAST, A DISTANCE OF 298.32 FEET TO CENTERLINE STATION 126+00, AS SHOWN PER SAID RECORD OF SURVEY; THENCE SOUTH 25002'31" WEST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 64057'29" EAST, A DISTANCE OF 297.43 FEET TO THE BEGINNING OF AN EULER SPIRAL CURVE CONCAVE TO THE NORTH, HAVING A CHORD LINE WHICH BEARS SOUTH 65015'09" EAST, AND A DISTANCE OF 103.71 FEET; THENCE SOUTHEASTERLY ALONG SAID SPIRAL CURVE A SPIRAL LENGTH OF 103.71 FEET; THENCE NORTH 24010'15" EAST, A DISTANCE OF 15.00 FEET TO THE BEGINNING OF AN EULER SPIRAL CURVE CONCAVE TO THE NORTH, HAVING A CHORD OF SOUTH 69054'38" EAST, AND A DISTANCE OF 267.49 FEET TO CS STATION 119+42.1', AS SHOWN PER SAID RECORD OF SURVEY; THENCE SOUTHEASTERLY ALONG SAID SPIRAL CURVE A SPIRAL LENGTH OF 267.83 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTH, HAVING A RADIAL BEARING OF NORTH 14014'34" EAST, AND A RADIUS OF 1015. 00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE AN ARC LENGTH OF 18.57 FEET, THROUGH A CENTRAL ANGLE OF 04026'06" TO THE BEGINNING OF AN EULER SPIRAL CURVE CONCAVE TO THE NORTH, HAVING A CHORD LINE WHICH BEARS SOUTH aOo17'07u EAST, AND A DISTANCE OF 3.41 FEET; THENCE SOUTHEASTERLY ALONG SAID SPIRAL CURVE A SPIRAL CURVE LENGTH OF 3.41 FEET; THENCE SOUTH 66038'58" EAST, A DISTANCE OF 16.16 FEET TO STATE ROUTE NUMBER 21 POINT OF TANGENCY STATION 71+50.8, AS SHOWN PER SAID RECORD OF SURVEY, AND THE BEGINNING OF A NON-TANGENT CURVE "'1 .1 . ., CONCAVE TO THE NORTH, HAVING A RADIAL BEARING OF NORTH 23021' 02" EAST, AND A RADIUS OF 623.00 FEET; THENCE CONTINUING ALONG SAID CURVE, AN ARC LENGTH OF 345.96 FEET, THROUGH A CENTRAL ANGLE OF 31049'00", TO POINT OF CURVATURE STATION 68+32.6, AS SHOWN PER SAID RECORD OF SURVEY; THENCE NORTH 81032' 02" EAST, A DISTANCE OF 293.17 FEET TO THE WESTERLY MARGIN OF OYSTER BAY AVENUE; THENCE LEAVING SAID SOUTH MARGIN OF SAID KITSAP WAY, SOUTH 01004'57" WEST, ALONG SAID WESTERLY MARGIN, A DISTANCE OF 1584.35 FEET TO THE SOUTH LINE OF SAID SECTION 16; THENCE CONTINUING ALONG SAID WESTERLY MARGIN OF OYSTER BAY AVENUE, SOUTH 01059'38" WEST, A DISTANCE OF 903.94 FEET TO THE TRUE POINT OF BEGINNING; THOSE PORTIONS FOR ROAD RIGHTS OF WAY LYING WITHIN THE ABOVE DESCRIBED ARE TO BE VACATED, EXCEPT THAT PORTION OF RUSSELL ROAD LYING WITHIN PARCEL 'E' AS SHOWN ON RECORD OF SURVEY RECORDED UNDER RECORDING NUMBER 20090110038, BOOK 71 OF SURVEYS, PAGES 238-246, RECORDS OF KITSAP COUNTY, WASHINGTON, SAID PORTION WAS CONVEYED TO THE CITY OF BREMER TON BY THE BREMER TON HOUSING AUTHORITY WITH DEED RECORDED UNDER AFN-200712260295. MARATHON DEVELOPMENT TAYLOR R.SCHULTE, PLS BRR JOB. NO. 2007186.05 MARCH 02, 2009 BUSH, ROED AND HITCHINGS, INC. 2009 MINOR AVENUE EAST SEATTLE, WA 98102 (206)323-4144 DA TE SUBMITTED: May 6, 2009 BILL # () q - J:2.. S AGENDA BILL CITY OF BREMERTON CITY COUNCIL ........................................................................................ SUBJECT: Public Hearing and Ordinance No..5Q.8l to vacate roadways within Bay Vista (formerly kllown as Westpark) and reserving certain easements in the City of Bremerton. Committee Meeting Date: May 13,2009 COUNCIL MEETING Date: May 20, 2009 Department: PW &U Engineering Presenter: Michael Mecham Phone: 473-5288 SUMMARY: The Bremerton Housing Authority (BHA) wishes to redevelop the World War II vintage housing area known as Westpark. BHA has petitioned the City of Bremerton to vacate all the roadways within the boundaries as Bay Vista Commons assisted senior housing complex. As phases of development are completed, BHA will be conveying new roadways to the City. This right-of-way is Class I, as it was conveyed to the City in fee title by quit claim dated August 10, 1951. Compensation will be paid in the form of a dedication of like-kind in Bay Vista to the satisfaction of the City for the relocation of the roadway for the anticipated redevelopment of Bay Vista. ATTACHMENTS: 1.) Ordinance No.5ll31; 2.) Aerial Exhibit; and 3.) Staff Report. FISCAL IMPACTS (Include Budgeted Amount): None. APPROV ALS: DEPARTMENT DIRECTOR. CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: ~";'-;:C-rd// , f CONSENT AGENDA D GENERAL BUSINESS D PUBLIC HEARING RECOMMENDED MOTION: Move to pass Ordinance #Jo8l to vacate roadways within Bay Vista (formerly known as Westpark) and reserving certain easements in the City of Bremerton. COUNCIL ACTION: ~prove D Deny D Table D Continue D No Action ~~:;'c' ,.,"" ':S ~ II 3' ~ TO_If 24 ""R1I<, RANGE 1 "ST. W.O EAST LINE sr 1/4 SECrlON~ - - - - - - - - PTi'I. ,$~, 114 j\Il'!5HIP 21 NOllTH. "RANGE 1 E"'$T. W.N!. , , , ' ~"""'" " , , ,'"-' ',"'" . '," " . "" "$~:I; " I I I I I iJ liJl :1 ii /:' ~ ~I I~ '" / " CRA1!'HIC seALE ~.J. T''l";'';;i(~:i'''rl1. i ('IN'lll'ET) 1 th~. iQo-ft. 'J,' c~\& I"~ .. ".. ' ",,,-' I " / .wfiJIW;.~"W4lr "'" ; /,: ." , ' 7.,~ /' " ' , ,/" /'" /"',",/'.;), ,', ..-' k '-", , " /' ",,-/. 7~ _/4-.),.<(\ ~: '.'" ,", ':', ' ".' // ,"L e;AS'f ~~~~/4Sr~ON ~~ L ,.~~ OJooc Sl.. ~;mIRA1._UNOlH ,:.:' ,',,- W1ll'l rl"TCHIIIIG ARE: TO BE V",CAlED, " ~ ~ I "~ ~ 11 t ... 01'''07- . _ 8lnOCl L -llll.4lI ~ ~ " i ~ ~ ~ ,;, ;:- t CHECKED BY DAB SCALE: 1 "=200' SHEET 1 ,OF 1 ; {~i " ",,,' STREET VACATION REQUEST ROADWAYS WITHIN BAY VISTA ENGINEERING STAFF REPORT CITY COUNCIL HEARING DATE: PREPARED BY: May 20,2009 Gunnar Fridriksson SUMMARY Applicant: Bremerton Housing Authority c/o Nancy Rees Austin, Development Manager P.O. Box 4640 Bremerton, WA 98312 Location: Bay Vista, formerly known as Westpark, Re-Development BACKGROUND The applicant for this right of way vacation is redeveloping the existing housing development known as Bay Vista, formerly Westpark. Bay Vista is a development originally constructed by the United States of America as housing for shipyard workers during World War II. After the war, the housing development was transferred to Bremerton Housing Authority who continues to run the site today. The redevelopment of the entire site began with the construction of the Firs II assisted senior housing complex and the relocation of the northerly portion of Russell Road. The applicant will be completing the redevelopment of the site in phases with each new phase dedicating new roadways to service the area. The new streets will provide better overall operating characteristics for the area and superior function to the existing roadways. RIGHT-OF-WAY CONDITIONS EXISTING ROADWAY NEW ROADWAY . Functional Classification . R-O-W Width . R-O-W Areas . Pavement Width . Surface Type . Curb and Gutter . Sidewalks Local Access Varies 301,032 sq. ft. Varies Concrete Standard curb 4 foot sidewalk Local Access Varies 944,048 sq. ft. Varies Asphalt Standard curb 5 foot sidewalk February 2009 Vacation of Roadways within Bay Vista Redevelopment Page 1 of 5 HEARING CONSIDERA liONS BMC 11.20.120 sets forth issues that the City Council needs to determine at the conclusion of the Vacation Hearing. These issues and the staff position are: 1. Whether the street, alley or portion thereof is no longer required for public use and vacation of the described portion will better serve the public good. Staff Position: With the redevelopment of the site, the existing roadways will not be required for public use. The relocated roadways will be superior in public access and function. 2. Whether the vacation is consistent with the City Comprehensive Plan. Staff Position: The proposed vacation does not conflict with the Comprehensive Plan, and facilitates development of the Bay Vista project. 3. Whether continued use of the proposed vacation as a public way is not of such public benefit as to justify the costs of maintenance. Staff Position: Maintenance costs of the newly constructed roadways will be comparable to the cost to maintain the existing streets. 4. Whether substitution of a new and different thoroughfare would be more useful to the public. Staff Position: Traffic circulation characteristics for the new roadways will be under the auspices of the Bay Vista redevelopment plan and will be superior to the existing streets. 5. Whether conditions may so change in the future as to provide a greater public use or need than presently exists. Staff Position: The relocated roadways will be consistent with future redevelopment of Bay Vista and is expected to meet future public transportation needs. 6. Whether objections to the proposed vacation are made by owners of private property abutting the same. Staff Position: The petitioner, Bremerton Housing Authority, is the only abutting property owner. February 2009 Vacation of Roadways within Bay Vista Redevelopment Page 2 of 5 SHORELINE ACCESS This portion of right-of-way does not provide shoreline access. UTILITIES All private utility companies have been contacted. Cascade Natural Gas, Owest and Com cast will retain easements. Permanent utilities easements are to be reserved for the existing City water, sewer and storm lines. All existing utilities will be relocated with each new phase of construction. Said easements will be vacated upon dedication of the new alignment for the roadways. SUFFICIENCY OF SIGNATURES The request for the vacation was made by 100% of the owners abutting the property to be vacated. COMPENSATION This right-of-way is Class 1', as it was conveyed to the City in fee title by quit claim dated August 10,1951. The value of the vacated right of way is $2,212,240, which is based on the average property value of the abutting properties weighted on a front footage basis. Compensation will be paid in the form of a dedication of like-kind in Bay Vista to the satisfaction of the City for the relocation of the roadway for the anticipated redevelopment of Bay Vista. If a like-kind dedication is not made within five (5) years, then the City may, upon demand, require payment of the then current assessed value. STAFF RECOMMENDATION City Attorney, Police, Fire, Engineering and Community Development staff notes no objections to the proposal. Staff recommends that this Street Vacation be approved as requested with easements reserved for all existing and future utilities. Said easements to be vacated upon dedication of the new roadways and utilities. February 2009 Vacation of Roadways within Bay Vista Redevelopment Page 3 of 5 ! ~-_.._~""' ~._-,_._~........ Looking northwesterly on Russell Road towards McNeal Avenue. Looking easterly along McNeal Avenue from Russell Road. February 2009 Vacation of Roadways within Bay Vista Redevelopment Page 4 of 5 Looking northeasterly from the old portion of Russell Road to the new portion with the Firs II development. Typical existing housing at the site. February 2009 Vacation of Roadways within Bay Vista Redevelopment Page 5 of 5 DATE SUBMITTED: April I, 2009 BILL# DCf - 070 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ........................................................................................ SUBJECT: Resolution No. j080 to establish May 20, 2009 as a hearing d4te to vacate roadways within eo..y V i$-t~..., (~vV1et'\1 KVlO~V\ V ()Jlf-tytif~) Committee Meeting Date: April 8, 2009 COUNCIL MEETING Date: April 15, 2009 Department: Engineering Presenter: Mike Mecham Phone: 473-5288 SUMMARY: The Bremerton Housing Authority (BHA) wishes to redevelop the World War II vintage housing area known as Westpark. BHA has petitioned the City of Bremerton to vacate all the roadways within the boundaries as Bay Vista Commons assisted senior housing complex. As phases of development are completed, BHA will be conveying new roadways to the City. ATTACHMENTS: 1) Resolution No. 3D80; 2) Staff Report. FISCAL IMPACTS (Include Budgeted Amount): None. COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA GENERAL BUSINESS 0 PUBLIC HEARING 0 RECOMMENDED MOTION: Move to pass Resolution No. .308D setting a hearing date of May 20, 2009 for vacating roadways within I>G.Y Vr st~ (~{W1 eA r !GkovlYl. q5 wes-tyx< r I<- ). APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COUNCn. ACTION: Lpprove o Deny o Table o Continue 0 No Action RESOLUTION NO. 30gD A RESOLUTION of the City Council of the City of Bremerton, Washington, establishing a hearing date for the proposed vacation of roadways within Bay Vista, formerly known as Westpark. WHEREAS, Bremerton Housing Authority has initiated the vacation to facilitate redevelopment of Bay Vista; NOW THEREFORE THE CITY COUNCil OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOllOWS: SECTION 1. A public hearing will be held on May 20, 2009 at 5:30 p.m. or later in the City Council Chambers at the Norm Dicks Government Center, First Floor, 345 Sixth Street, Bremerton, Washington, to take public comment or consider written objections to the vacation. SECTION 2. Severabilitv. If anyone or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 3. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. P~:Eq by the City Council of the City of Bremerton, Washington this day of ~.A .I'; J ,2009. 7' ] (" /~ r-A) APPROVED AS TO FORM: ATTEST: Bay Vista Resolution STREET VACATION REQUEST ROADWAYS WITHIN BAY VISTA ENGINEERING STAFF REPORT CITY COUNCIL HEARING DATE: PREPARED BY: May 20,2009 Gunnar Fridriksson SUMMARY Applicant: Bremerton Housing Authority c/o Nancy Rees Austin, Development Manager P.O. Box 4640 Bremerton, WA 98312 Location: Bay Vista, formerly known as Westpark, Re-Development BACKGROUND The applicant for this right of way vacation is redeveloping the existing housing development known as Bay Vista, formerly Westpark. Bay Vista is a development originally constructed by the United States of America as housing for shipyard workers during World War II. After the war, the housing development was transferred to Bremerton Housing Authority who continues to run the site today. The redevelopment of the entire site began with the construction of the Firs II assisted senior housing complex and the relocation of the northerly portion of Russell Road. The applicant will be completing the redevelopment of the site in phases with- each new phase dedicating new roadways to service the area. The new streets will provide better overall operating characteristics for the area and superior function to the existing roadways. . RIGHT-OF-WAY CONDITIONS EXISTING ROADWAY NEW ROADWAY . Functional Classification . R-O-W Width . R-O-W Areas . Pavement Width . Surface Type . Curb and Gutter . Sidewalks Local Access Varies 301,032 sq. ft. Varies Concrete Standard curb 4 foot sidewalk Local Access Varies 944,048 sq. ft. Varies Asphalt Standard curb 5 foot sidewalk February 2009 Vacation of Roadways within Bay Vista Redevelopment Page 1 of 5 HEARING CONSIDERATIONS BMC 11.20.120 sets forth issues that the City Council needs to determine at the conclusion of the Vacation Hearing. These issues and the staff position are: 1. Whether the street, alley or portion thereof is no longer required for public use and vacation of the described portion will better serve the public good. Staff Position: With the redevelopment of the site, the existing roadways will not be required for public use. The relocated roadways will be superior in public access and function. 2. Whether the vacation is consistent with the City Comprehensive Plan. Staff Position: The proposed vacation does not conflict with the Comprehensive Plan, and facilitates development of the Bay Vista project. 3. Whether continued use of the proposed vacation as a public way is not of such public benefit as to justify the costs of maintenance. Staff Position: Maintenance costs of the newly constructed roadways will be comparable to the cost to maintain the existing streets. 4. Whether substitution of a new and different thoroughfare would be more useful to the public. Staff Position: Traffic circulation characteristics for the new roadways will be under the auspices of the Say Vista redevelopment plan and will be superior to the existing streets. 5. Whether conditions may so change in the future as to provide a greater public use or need than presently exists. Staff Position: The relocated roadways will be consistent with future redevelopment of Bay Vista and is expected to meet future public transportation needs. 6. Whether objections to the proposed vacation are made by owners of private property abutting the same. Staff Position: The petitioner, Bremerton Housing Authority, is the only abutting property owner. February 2009 Vacation of Roadways within Bay Vista Redevelopment Page 2 of 5 SHORELINE ACCESS This portion of right-of-way does not provide shoreline access. UTILITIES All private utility companies have been contacted. Cascade Natural Gas, Qwest and Comcast will retain easements. Permanent utilities easements are to be reserved for the existing City water, sewer and storm lines. All existing utilities will be relocated with each new phase of construction. Said easements will be vacated upon dedication of the new alignment for the roadways. SUFFICIENCY OF SIGNATURES The request for the vacation was made by 100% of the owners abutting the property to be vacated. COMPENSATION This right-of-way is Class 1, as it was conveyed to the City in fee title by quit claim dated August 10, 1951. The value of the vacated right of way is $2,212,240, which is based on the average property value of the abutting properties weighted on a front footage . basis. Compensation will be paid in the form of a dedication of like-kind in Bay Vista to the satisfaction of the City for the relocation of the roadway for the anticipated redevelopment of Bay Vista. If a like-kind dedication is not made within five (5) years, then the City may, upon demand, require payment of the then current assessed value. STAFF RECOMMENDATION City Attorney, Police, Fire, Engineering and Community Development staff notes no objections to the proposal. Staff recommends that this Street Vacation be approved as requested with easements reserved for all existing and future utilities. Said easements to be vacated upon dedication of the new roadways and utilities. February 2009 Vacation of Roadways within Bay Vista Redevelopment Page 3 of 5 ..~.. ._._..__.~~"'. . . ~ ...,.-,-.,.... . ~.-:..... -~,~. , Looking northwesterly on Russell Road towards McNeal Avenue. Looking easterly along McNeal Avenue from Russell Road. February 2009 Vacation of Roadways within Westpark Redevelopment Page 4 of 5 Looking northeasterly from the old portion of Russell Road to the new portion with the Firs II development. Typical existing housing at the site. February 2009 Vacation of Roadways within Westpark Redevelopment Page 5 of 5