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STATE OF WASHINGTON
COUNlY OF JEFFERSON
In the Matter of a Resolution
to Construct Roads and Utilities on a
Portion of Public Right of Way
Known as Hilton Ave and McLellan Ave
)
)
)
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Resolution No.
31-11
WHEREAS, an application to construct roads and utilities on public right of way has been
submitted by Michael Francis for the purpose of developing three (3) parcels on Lots 29-37 within Block
110 of the plat of Irondale Division No.4, and
WHEREAS, said development wlil require opening approximately 160 feet of Hilton Avenue and
up to 250 feet of MeLeilan Avenue which are currently being used Informally, and
WHEREAS, the Revised Code of Washington (ROO) 36.75 and 36.80 places the supervision of
right of way, Including the development of road standards, under purview of the County Engineer, acting
under the supervision and authority of the Board of County Commissioners, and
WHEREAS, the applicant has proposed to construct roads to a standard less than what would be
required for public roads, and
WHEREAS, the County Engineer has examined the right of way and the existing road system and
the potential for future development and recommends that this request be approved provided the
standards described in the County Engineer's report dated June 30, 2011 are foilowed, and
WHEREAS, the applicant will be responsible for the maintenance of this section of roadway and
it is understood that the County will not be responsible for maintenance of this section of roadway and
that it will not be added to the official County Road log until such time as the road may be improved to
public road standards, and
WHEREAS, in lieu of requiring the road to be constructed to full public road standards at this
time, the applicant wlil be required to sign a no protest agreement waiving rights, except as to the
method of assessment, to protest formation of a pro-rata cost sharing arrangement such as a Road
Improvement District (RID) should it become necessary In the future to upgrade this road, whether
proposed by petition or a .resolution of the Board of County Commissioners,
NOW, THEREFORE BE IT RESOLVED, that applicant shall be granted permission to open the foilowing
right of way:
Hilton Avenue from the end of the county road at milepost 0.21 a total distance of
approximately 160 feet to the Intersection of platted Mclellan Avenue, and
McLeilan Avenue, from its Intersection with Hilton Avenue, a distance of up to 250 feet to the
north
BE IT FURTHER RESOLVED, that roads shall be constructed In general conformance with the standards
recommended In the County Engineer's report dated June 30, 2011.
BE IT FINALLY RESOLVED, that prior to performing construction the applicant shall receive any and all
necessary permits including a permit from the Department of Public Works specifying any conditions
that will be required by the County Engineer to Insure that said standards are met and that the applicant
shall pay any Inspection costs Incurred by the Public Works Department to insure that these standards
are met.
ADOPTED this ~ day of
1,A~
.2011.
JEFFERSON COUNTY
BOARD OF COM ISSIONERS
-
"1?~~,~
terRa ggl!:t~ \2..cll.Y\G..... ~(I
Clerk of the Board
Engineers Report
For
OPEN RIGHT OF WAY REQUEST
For
Portion of Platted McLellan Avenue & Hilton Avenue
PROJECf DESCRIPTION
This Report is in response to an Application to Open County Right of Way (Exhibit A)
received from Michael Francis, owner of parcels 962111009 (Lots 29-31), 962111010
(Lots 32-34) & 962111011 (Lots 35-37), all within Block 110 of the plat of Irondale
Division No 4. The proposal is to develop a privately maintained Local Service Road on
public right of way. Public Works has prepared this Engineers Report for the purpose of
evaluating the proposed opening of a portion of platted McLellan Ave. and Hilton Ave. to
local service road standards which will not be maintained by the County. The right of way
proposed to be opened is located on a portion of platted McLellan Ave., adjoining Lots 24 -
31, located within the Plat of Irondale Division No.4, Volume 2, Page 141, and adjoining---------
Lots 12 - 16 of Block 112 and Lot 10 of Block 113 of Iron dale Division No.5, Volume 2,
Page 135.
The Report addresses the opening of a portion of McLellan Ave. located off Hilton Ave. at
approximately mile post 0.24 left, and running northerly for approximately 250 feet, and,
Hilton Ave. from the end of the County Road at mile post 0.21 to platted McLellan Ave,
approximately 160 lineal feet. (Exhibit B)
This Report is an integral part of any permit issued in regards to the application to open the
right of way on a portion of platted McLellan Ave.
EXISTING CONDmONS
This section of platted McLellan Ave. is presently being used as a driveway from Hilton
Ave. northerly approximately 250 feet and has been cleared for a width of approximately
30 feet. The project area is currently zoned RRl:5 (rural). There is a mapped moderate
landslide hazard area within the proposed project area. Any improvements proposed
within this environmentally sensitive area, in conjunction with this application, shall
comply with requirements of all applicable Federal, State and Local rules and regulations
and shall be delineated on the plan. Additional information can be obtained by contacting
Jefferson County Department of Community Development located at 621 Sheridan Street,
Port Townsend, W A 98368, phone (360) 379-4450.
Hilton Ave. is on the County Road Log ending approximately 160 feet before intersecting
with platted McLellan Ave. The privately maintained section of Hilton Ave. has been
cleared to match the County maintained portion and has a gravel surface. Although
vegetation has grown along the shoulder area, it appears to be in good condition.
1
There are several undeveloped lots and unopened rights-of-way in this area and platted
Mclellan Ave. provides access to other lots and platted rights-of-way with a potential to
serve many other sites. Additionally, these platted rights-of-way provide for traffic
circulation to other opened and unopened roads.
DESIGN STANDARDS
Minimum design standards for a private road are to be used.
Design standards as adopted by Jefferson County applies to this request to open a portion
of platted Mclellan Ave. The Jefferson County Unifred Development Code as codified
under Title 18 of the Jefferson County Code, Section 18.30 has adopted several reference
manuals and standards for roadway design and construction. These include A Policy on
Geometric Design of Highways and Streets by the American Association of Stote
Highway and Transportation OjJlcia/s (AASHTO), WSDOT's Local Agency Guidelines,
and applicable RCW's and WAC's. A complete list is available in the Jefferson County
Code Title 18, Section 18.30.
New roads on County rights-of-way may be opened ifrecommended by Public Works and
approved by the Board of County Commissioners. Factors including future traffic
projections, potential for the road to become a through road, potential for future
development and zoning are all considered when determining appropriate road standards.
The road shall be constructed to a minimum of20' wide road with a 14' driving surface as
shown for a Local Service Road (Exhibit C). This will essentially match the condition of
the existing road (Hilton Ave.) serving this area.
RIGHT OF WAY
The roadway and appurtenances must be located on dedicated right-of-way.
The current right-of-way width as platted for Mclellan Ave. is 60 feet. All roadway
features and appurtenances, including ditches, cut and fill slopes, shall be constructed
within dedicated right-of-way.
The platted centerline and right-of-way limits shall be identified and located on site by a
professional land surveyor licensed in Washington State to ensure that all areas of the
roadway to be constructed lie within the actual right-of-way. In most cases, the right-of-
way centerline and the constructed centerline should coincide.
DESIGN AND POSTED SPEED
This will be a privately maintained, dead-end road. The County does not set or enforce
speed limits on roads not included on the County Road Log.
2
DESIGN TRAFFIC VOLUMES
Fmu~A~ngeD~Tmffic{AD~
Average Daily Traffic (ADT) projections were developed using the Institute of
Transportation Engineers (lTE) Trip Generation Manual. When developing these
projections, the future "built-out" conditions were considered including lots which may
ultimately be accessed via this road. Generally, it appears that opening McLeIlan Ave.
could generate 50 average daily trips on an estimate of five (5) buildable lots that this right
of way could serve using ITE methods. The ADT has the potential to be greater as other
adjoining rights-of-way may be opened adding approximately 100 ADT on an estimate of
10 additional buildable lots.
HORIZONTAL ALIGNMENT
The roadway shall be placed on centerline of the platted right of way.
PROFILE (GRADE)
The roadway shall foIlow the existing topography.
SURFACE CROSS SLOPE
The cross slope shall be sloped to drain to appropriate facilities.
AIl traveled roadways will need to meet the cross slope of ~us 2% from centerline to
outside edge of shoulder to provide for proper surface drainage, or, have a continuous -2%
cross slope from shoulder to shoulder.
STRUCTuRAL ROAD SECTION
The minimum road base is shown on the typical road section (Exhibit C). Material
specified shall be per the Washington State Department of Transportation (WSDOT)
Standard Specifications/or Road, Bridge and Municipal Construction. (See Exhibit C).
SURFACING
Traveled ways and shoulders shall have a crushed surfacing.
A crushed surfacing top course is required as shown on Exhibit C.
3
INTERSECTION DESIGN
The access point off Hilton Ave. shall be designed to align at the transition, horizontally
and vertically, and shall address drainage issues. A 12 inch diameter culvert shall be
installed under McLellan Ave at the intersection with Hilton Ave as shown on Exhibit D.
ROAD APPROACHES
Design plan to include road approaches.
Any construction on new or existing approaches shall be built in accordance with Exhibit
D. The design will ensure that approaches are an integral part of the proposed project.
CUL-DE-SACSIHAMMERHEADS
"Turnaround" is required.
The design shall provide a means to turn vehicles around where the road terminates. A
turnaround area shall 00. coDstiucted as showti in Exhibit c.
UTILITIIES
Any utilities shall be installed or relocated in accordance with the requirements of the.
County's Utilities Acco=odation Ordinance, Jefferson County Code 13.56. Separate
utility permits will be required.
DRAINAGE
A Stormwater Management Permit may be required. See section "OTHER PERMITS".
Roadside ditches shall be installed as shown in the typical section (Exhibit C).
NO PROTEST AGREEMENT
A No Protest Agreement is required for constmction of this private facility on a
public right-of-way.
The applicant has applied for a permit to construct a privately-maintained gravel roadway
on public right-of-way. It is recognized that this proposed private road does not meet
current County road standards for a public roadway which would require a wider roadway
with an asphalt paved or bituminons surface. The Grantor must enter into an agreement
with the County not to protest the formation of a Road Improvement District (RID) or other
pro rata cost sharing mechanism to improve the roadway, stormwater facilities, and other
appurtenances in the future should improvements become necessary whether proposed by
4
petition or by resolution of the Board of County Commissioners or by both petition and
resolution. The Grantor(s) further agree to join in any proposed petition for such road
improvements. This no protest agreement is included as Exhibit E.
CONSTRUCTION
Construction shall be accomplished by a licensed and bonded contractor carrying
commercial liability insurance. A pre-construction conference is required.
PERMIT
This report is not a permit.
After the review and approval of all documents, plans, and/or reports required by this
report and prior to initiating construction, the applicant shall be issued a permit by the
Public Works Department This permit will specifically outline the arrangement between
the applicant and the County for work on public right-of-way by the applicant The permit
shall be valid for a period not to exceed three (3) years from the date it is issued. The
Applicant may request an extension of the expiration date to be approved at the discretion
of the County Engineer.
OTHER PERMITS
Other permits and/or environmental review may be required for this project per
Jefferson County Unified Development Code (VDC). Any questions concerning the
necessity of other permits and/or environmental review and the processes should be
directed to the Jefferson County Department of Community Development, 612 Sheridan
Street, Port Townsend, W A 98368, Phone (360) 379-4450.
A Stormwater Management Permit may be required for this project. The Jefferson
County Unified Development, Section 18.30.070 Stormwater Management Standards
adopts the requirements of the Washington Department of Ecology Stormwater
Management Manual for Western Washington.. Projects that include more than 500 cubic
yards of grading, more than 2,000 square feet of impervious surface or more than 7,000
square feet of land-disturbing activity are required to obtain a Stormwater Management
Permit. The permit application and any questions concerning the necessity of the permit
and the permit process should be directed to the Jefferson County Department of
Community Development, 612 Sheridan Street, Port Townsend, W A 98368 (360) 379-
4450.
5
RECOMMENDATION:
Public Works recommends that this request to open County right-of-way to the standards
and requirements listed above be approved. Once completed, these roads will be privately
maintained and not become part of the County road system.
Recommended by:
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eer
Date
6
EXHIBIT A
County Engineer's Report McClellan Ave
6120120 I I
APPLICATION FOR PERMIT
Open Right of Way
Jefferson County
Department of Public Works
623 Sheridan Street
Port Townsend. WA 98368
(360) 385-9160
Fee: $49.00
Permit # RM!Uh
Receipt# =E
Check #
Date Paid .J.O-I
."
Countyl Platted Road Name! Locetlon:
~V(
~
Mile Post #:
(office use only)
Total length of Right of Way to be Opened
(Attach map or draw a detailed map to Include drainage
"'\lc.kp\ fvctl"\il~
Applicant (Owner. Utility. or Authorized Representative.)
*"f4Gr
I hereby desIgnate
to act as my agent In matters related to this
<<~~ /9- ~o H
Applicant SIgnature ~ Datt
:1b2..\\\O~<i62JIIOloJ~ .
ApplIcant Par Number I
S.:~~:r.Da: 12.~/20\l
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CIty-State-Zlp Code
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Te~o;~Nt,\c.:\'? @ ,^o\:\M~~ .tp~'V\
ACKNOWLEDGEMENlS
By signIng the application form. the undeJ8lgned epplloant _ that the InformalIon provided herein Is true end correct to 0
the best his/her knoWledge and agrees to all oondItIons on the permit. I eIso oertIfy that this applIcation Is beIng mede with
the full knowledge and oansent of all GWn818 of the affected property. Any material falsehood or any omlsslon of material fact
made by the eppllcant/owner with respect to this applIcation packet may resuJt In this permit being null and voId.
-
I further agree to eave, Indemnify and hold harmless JelfeIllOl1 County against all liabilities, Judgment, court cos1B, reasonable
~s fees and expenses which may In any way accrue agaInst J__n County as a resuJt of or In consequeace of the
granting of this permit.
The action or actions Applicant will undertake as a result of this permlt1itay negetlvely Impact upon one or more threatened or
endangered species end could lead to a potential "take" of an endangeiei! spec\ea as those terms ate dellned In the federal
law knoWn as the "Endangered Species Act" or "EllA." J~ County makes no aaauranees to the applicant that the actions
that will be undertaken because this permit has been ls&ued will net v101eta the E&A. Any individual, group or agency can me a
lawsuit on _If of an endangered species regarding applIcant's satlon(s) even If applicant are In compliance with the
Jefferson CountY Develeprnent Code
The Applicant acknowledges that he, she or It holds Individual and non-tran&ferable responsibilitY far adhering to and
,,??,flylnf'fltl' ~ ~ Applicant has read this dIsclslmer and signa and dates It below. L I
~~e-y " 4- _2,0/-,,1..0\1
(APPUCANT OR AUTHORIZED REPRESENTATIVE SIGNATURE) (DATE)
Updat<d 1{112009
,
EXHIBIT B
County Engineer's Report McClellan Ave
6/20/2011
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County Engineer's Report McClellan Ave
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DESIGN VALUES
ROMJWAY APRON LENGTH GRMJE CHANGE (D)
ClASSIRCAllON (A) DESIRABLE MAXIMUM
ARTERIAL ~ 20 FEET ::;4% 5%
COLLECTOR ~15 FEE[ ::;5% 6%
LOCAL ~10 FEE[ ::;6% 7%
ACCESS POINT GRADES AND APRON LENGTHS
FOR ROADWAYS AND DRIVEWAYS
NOTESI
1. PIVOT POINT SHALL BE AT THE EDGE OF THE SHOULDER.
2. DESIRABLE WIIJTHS SHOWN SHALL BE THE REQUIREMENT.
UNlESS THE APPUCANT DEMONSTRATES TO THE COUNTY
ENGINEER'S SAllSFACllON THAT THEY CANNOT BE OBTAINED.
3. VERTICAL CURVES ARE NOT TO EXCEED A 3-1/4 INCH HUMP.
OR A 2 INCH DEPRESSION IN A 10 FOOT CORD.
4. IN CASES OF FUTURE lANE WIDENING AND MJDmONAL lANES.
THE APRON LENGTH SHALL BE INCREASED TO AccoMODATE
FUTURE WIDENING.
A-
STANDARD DErAIL
ROAD APPROACH
ACCESS PoINT GRADES
JeffelllO/l County
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Pubnc Worlcs
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EXHIBIT E
County Engineer's Report McClellan Ave
6/20/2011
No Protest Agreement
Platted, Public Right of Way
Grantor(s): Michael Francis
Grantee: County of JEFFERSON, a Washington municipal corporation
Reference: Open Right-of-Way Permit No. RAP11-00026
Assessor's Tax Pareel Numbers: 962111009,962111010 & 962111011 -Irondale Div 4
Block 110, Lots 29-37
WHEREAS, the Grantor is owner of the parcels listed by owner and parcel identification
nwnber above and said parcels are l~adjacent to and adjoining a public, platted right of
way; and
WHEREAS, approved access is a condition of development or redevelopment within platted,
public rights of way; and
WHEREAS, any agreement to establish a Road Improvement District (RID) to the public,
platted rights of way adjacent to or adjoining the parcels listed above lire subject to the tenns and
conditions o~this No Protest Agreen:ient
NOW THEREFORE, the GRANTOR covenants and ~that at any time a Road
Improvement District (RID), including but not limited to a Local Improvement District (LID),
Utility Local Improvement District (ULID), or any other pro rata sharing of costs to construct,
improve the public, platted rights of way to the parcels listed above is formed and the parcels are
subject to a RID or within the service area of a RID,then the owners and successors in interest as
their interests as they may appear of the parcels hereby waive their right of protest to said RID
except as to the method of assessment and
RID No Protest Agreement
Page 1 of2
GRANTOR and GRANTEE acknowledge and confirm that the terms and conditions of this
Restrictive Covenant ''touch upon the land" and shall "run with the land" or any part thereof
described in this agreement for perpetuity.
DATED this _ day of
,2011.
PROPERTY OWNER:
Michael Francis
STATE OF WASHINGTON)
ss.
COUNTY of JEFFERSON )
On this day personally appeared before me
to me known to the individuaI(s) described in and who executed the within and foregoing
instrument, and acknowledged that signed the same as free and voluntary act
and deed, for the use and purposes therein mentioned.
Given under my band and official seal this
day of
.2011.
NOTARY PUBLIC in and for the State of Washington
residing at
My commission expires:
RID No Protest Agreement
Page2of2
Department of Public Works
o Consent Agenda
Page 1 of 2
Jefferson County
Board of Commissioners
Agenda Request
From:
Board of Commissioners
Philip Morley, County Administrator
Frank Gifford, Public Works Director :::J J:I
To:
Agenda Date:
July 11,2011
Subject:
Open Right of Way Request - Portion of Hilton Ave. 8: McLellan
Ave.
Statement of Issue:
Public Works has received an application to open a portion of platted Hilton Ave. for
approximately 160' and a portion of platted McLellan Ave. for approximately 250 feet
for access to property for development. The proposed area of right of way to be
opened is located within the Plat of Irondale Division No.5.
Analysis/Strategic GoalslPros 8: Cons:
Per RCW 36.80.030, the County Engineer shall have supervision authority, under the
direction of the Board of County Commissioners, to prepare standards for opening
County right of way. The Petitioner proposes to open the road to a private standard.
The County will not be responsible for maintenance, should this request be approved.
Fiscal Impact/Cost Benefit Analysis:
There will be no cost to the county for maintenance or construction should this right
of way be opened. Petitioner will be responsible for inspection costs.
Recommendation:
The County Engineer recommends approval of this application to open a portion of
platted McLellan Ave. for approximately 250 feet and platted Hilton Ave. for
approximately 160', as outlined on the attached Engineer's Report. The Board is
asked to sign the attached resolution where indicated and return a copy to Public
Works. .
r;
Department of Public Works
o Consent Agenda
Page 2 of 2
Department Contact: Monte Reinders, P.E., County Engineer, 385-9160
Reviewed By:
inistrator
7/7~/
Date