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Home My WebLink About20 21 c f\k- STATE OF WASHINGTON COUNTY OF JEFFERSON In the matter of } The vacation of Two Alley } RESOLUTION NO. 20-21 County Roads } WHEREAS, the Jefferson County Board of Commissioners has reviewed a road vacation petition submitted by Donna and Gary Ellis,and WHEREAS, the Jefferson County Hearing Examiner held a public hearing on the road vacation petition on March 23,2021;and WHEREAS,the Jefferson County Hearing Examiner considered testimony of the public, comments from applicable departments,agencies and offices,and recommendations from the Jefferson County Engineer at the public hearing;and WHEREAS,the Jefferson County Hearing Examiner determined that the vacation complies with the Jefferson County Comprehensive Plan and other applicable plans,policies or ordinances; and WHEREAS,the Jefferson County Board of Commissioners considered said Hearing Examiner's report of the public hearing and his recommendation for the vacation request and hereby adopts the Report and Recommendation of the Jefferson County Hearing Examiner dated March 25,2021; NOW,THEREFORE BE IT RESOLVED,that the following be vacated and abandoned pursuant to RCW 36.87 and JCC 12.10: The two alleyways located in the plat of Irondale No.5 described as follows: The 12' alley adjacent to Lots 1 to 12, and Lots 13 and 36; and the 12' alley adjacent to Lots 13 to 15 and Lots 31 to 36,all in Block 112 of Irondale Division No. 5, as per plat recorded in Volume 2 of Plats,page 135,records of Jefferson County, Washington. Assessor Parcel No.'s 962111201 and 962111205. and BE IT FURTHER RESOLVED,that said vacation shall become effective on the date this resolution is recorded with the Jefferson County Auditor after remaining fees and compensation for land value are paid. JEFFERSON COUNTY M BOARD 0 OMMISSIONERS i6 Kate , Chair if r. r g Brotherton, ember SEAL ' • i ATTEST: H ' i Eisenhour, Member ( Carolyri'Galloway 0 Clerk of the Board Proposed Road Vacation PETITIONER,Gary& Donna Ellis-Alley Vacation,The 12' alley adjacent to Lots 1 to 12, and Lots 13 and 36; and the 12' alley adjacent to Lots 13 to 15 and Lots 31 to 36, all in Block 112 of Irondale Division No. 5, as per plat recorded in Volume 2 of Plats, page 135, records of Jefferson County, Washington. Assessor Parcel No.'s 962 111 201 and 962 111 205. Project Coordinator: Mara Dotson ai .,, 7WYF? p rill , i , 1 96121,Itt-07I ,9821127 1 ECT AVE ,,.- — .._ .xc,'' "' - rc ..:� -.^.=ate d�M. `- 932600009 ° <' '' ''i 62110702 r 962111001 + 1"". a II i m N T. ..___—.__ -._... _• _• ___-_ _J m m w -9 6 2 111 0 02 2t107,1 m 9827t,011 �' 9621 2205 > 9627 o 962112212 > n - 'Nb`- 962111704 96211130'i1 962ttt806 a �'-- -962111003 962112206 0 9627 ...� W- \ y 962110802 962111010 u - , - --- - ----- - —..._.. -962 11004-it, {.:. 562 12207 i — - 962111005- - - -- -r .982M 0706- i 96211,009¢' I -._-962111901 ._. — ....._....._..-...... -`- ---.. 0 962111201 -+ ' 96211 t90J A �_ _.-_.._ _. 1 _962111902 562112211 962111069 E Ellis �operty 962111006 —'-- 962110707- 9621 •2110706 ----- -9 6 2 111 2 01 _-- 962111904 .,.. ` 1 — Proposed Area • HILTON AVE m ; s 9fiz,11.0s p s x I i -, Bz,, to be Vacated m o , ; R - 0 9621110,910 962.110910i ?1.. / �z,�, .. - - 962111906 f 1441 "1aiii o o o- w n 7 2 p r 962112110 c m ) � b 1 I 2 i Y, -09 y � \ 962112102 9621 f / \ 962112109 .9 m ., o ' 9 \ \� 9621 m—__ -- 982110909- /�. �`., 962111204 1 o__ _---. ^O�/ `\ 9 62111 90 7 �. 1962112103 -, wQ '962110802 962117601 /94'‘' n''' . 0611 a°' 9621t0905 / \`°+6ry/ ' f 9621'1909 1 962J_10606 --"� 94, `� .'0.y n' .- 962112104 �MK' < �._... 962117601 °B /ry ,.,7% i I'I �k� `.4r'e9n \ °? ,....5� ,�s/ §.,.naro.,are 9627 Mexar,M-rrocoh� ,(:),4 c., I G2 . ? -1'�„II '° JEFFERSON COUNTY 621 Sheridan Street Port Towr-send. WA 98:368 OFFICE OF THE HEARING EXAMINER JEFFERSON COUNTY REPORT AND RECOMMENDATION PROJECT NO.: 977020002 COUNTY RIGHT-OF-WAY VACATION PETITION PETITIONERS: Gary and Donna Ellis RIGHT OF WAY Mara Dotson REPRESENTATIVE: SUMMARY OF REQUEST: Petition to vacate two alleyways within the plat of Irondale. SUMMARY OF RECOMMENDATION: Grant petition, subject to compensation. PUBLIC HEARING: After reviewing the Jefferson County Department of Public Works Staff Report and examining available information on file with the application, the Examiner conducted a public hearing on the request as follows: The hearing was opened on March 23, 2021, at 2:00 p.m. Parties wishing to testify were sworn in by the Examiner. 1X The following exhibits were submitted and made a part of the record as follows: SEE ATTACHED INDEX LIST The Minutes of the Public Hearing set forth below are not the official record and are provided for the convenience of the parties. The official record is the recording of the hearing that can be transcribed for purposes of appeal. MARA DOTSON, right-of-way representative for Jefferson County Department of Public Works, appeared, presented the Staff Report, and described the alleys proposed for vacation. The petition satisfies all signature requirements as set forth in RCW 36.87.020. Following an onsite review by Jefferson County PUD, in an email dated March 22, 2021, the PUD no longer objects to vacating the roadway. The petitioners own all property abutting both alleys. Therefore, they meet the signature requirements. DONNA ELLIS, applicant, appeared and testified that they need the alleys vacated to allow them enough space to develop the abutting parcels that they purchased. That is the entire purpose of their petition. They had difficulty finding an appraiser, and the third appraiser they contacted was able to perform the appraisal. However,they believe that the property value is about half the amount determined by the appraiser. They thought about obtaining a second appraisal, but need to move forward and do not want to incur the expenses of a second appraisal. No one spoke further in this matter and the Examiner took the matter under advisement. The hearing was concluded. NOTE: A complete record of this hearing is available in the office of Jefferson County Department of Public Works. FINDINGS, CONCLUSIONS, AND RECOMMENDATION: FINDINGS: 1. The Hearing Examiner has heard testimony, admitted documentary evidence into the record, and taken this matter under advisement. 2. Road vacations are exempt from review pursuant to the State Environmental Policy Act (SEPA) per Section 197-11-800(2)(h) of the Washington Administrative Code (WAC). 3. Notice of the hearing was mailed to adjacent property owners on February 22, 2021; published in the Peninsular Daily News on March 9 and March 16, 2021; and posted at the site by Department of Public Works on March 9, 2021, 2X 4. The applicants, Donna and Gary Ellis, have acquired two parcels of property that abut both sides of two 12 foot wide, public alleys that extend between Assessor Parcel Numbers 962 111 201 and 962 111 205. Said alleys intersect at a "T" intersection near the center of the applicants' ownership. Both alley rights-of-way were dedicated to the public by the plat of lrondale No. 5, Volume 2, page 135, recorded on April 2,p1910. 5. Neither alley right-of-way has ever been improved to public road standards, and have never been opened as a public road or maintained by Jefferson County. The County has made no public expenditures to improve or maintain the alleys and neither are needed for overall neighborhood circulation. The Department of Public Works does not anticipate any future need for the rights-of-way. 6. Section 12.10.080 of the Jefferson County Code (JCC) requires the Examiner to hold a public hearing on all petitions for road vacations, review said petitions in accordance with the criteria set forth in JCC 12.10.110, and provide a written recommendation to the Board of Jefferson County Commissioners to grant or deny said petitions along with any recommended conditions of approval. The Examiner conducted the public hearing on Tuesday, March 23, 2021, at 2:00 p.m. Mara Dotson appeared and presented the Public Works Staff Report, and applicant Donna Ellis appeared on behalf of the petition. No one else testified. 7. Findings on each applicable criterion set forth in JCC 12.10.110 are hereby made as follows: A. The parcel is located within the Rural Residential(RR-1:5)zone classification of the JCC, and the applicants propose to construct a single-family residential dwelling on the site consistent with said zone and with the Jefferson County Comprehensive Plan. Any development of the site must meet applicable plan policies and ordinances. The Department of Community Development reviewed the request and found the petition in compliance with the Transportation Element of the Comprehensive Plan. Furthermore, testimony at the hearing confirms that Jefferson County does not propose to install bicycle or pedestrian trails along the alleys. B. The 12 foot wide alleys have not served and cannot serve as a means of providing area circulation. The vacation will have no impact on any abutting parcel since the applicants own all abutting parcels, and all parcels in the area have access from a County right-of-way. C. Neither East Jefferson Fire and Rescue nor the Jefferson County Sheriff responded to the Notice of Vacation,which establishes that neither agency has concerns therewith. The Jefferson County Public Utility District (PUD) initially expressed concerns regarding the vacation. However, following a 3X site visit the PUD became comfortable with vacating the alleys and encouraged the County to proceed with the process. Neither alley presently serves as a utility corridor, and neither Public Works nor DCD recommend retention of utility easements. D. The effectiveness of emergency services will not be impaired by the proposed vacation. E. The alleys cannot effectively be used for a trail or pathway as they simply extend between streets. Furthermore, staff testified that the alleys have no significance to parks and recreation. F. The alleys proposed for vacation do not abut a body of salt or fresh water and are not zoned for industrial purposes. G. The proposed vacation will not landlock any parcel of property as all abutting parcels are owned by the applicants. Furthermore, all parcels in the area have direct access to public roads. 8. In accordance with JCC 12.10.120 Jeffery Allen Hansen, Kitsap County Appraisal, Inc., a certified appraiser, submitted an appraisal certificate valuing the property at $9,500. The applicants do not agree with the valuation, but will accept it as they want to proceed with the vacation process. CONCLUSIONS: I. The Hearing Examiner has jurisdiction to consider and make recommendations on the issues presented by this request. 2. The request to vacate the 12 foot wide alley adjacent to Lots 1-12, and Lots 13 and 36; and to vacate the 12 foot wide alley adjacent Lots 13-15 and Lots 31-36, all in Block 112 of Irondale Division No. 5, as per plat recorded in Volume 2 of Plats, page 135, records of Jefferson County, Washington, satisfies all criteria set forth in JCC 12.10.110 and therefore the Board of Jefferson County Commissioners should vacate said alleys subject to the compensation required by JCC 12.10.120. 4X RECOMMENDATION: It is hereby recommended that the Board of Jefferson County Commissioners vacate the 12 foot wide alley adjacent to Lots 1-12, and Lots 13 and 36; and the 12 foot wide alley adjacent to Lots 13-15 and Lots 31-36, all in Block 112 of irondale Division No. 5, as per plat recorded in Volume 2 of Plats, page 135, records of Jefferson County, Washington. RECOMMENDED this 1st day of April, 2021. 7 72/1, S HE I If. CAU SEAkii JR. y Hearing Examiner 5X Department of Public Works Consent Agenda Page 1 of Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Philip Morley, County Administrator From: Monte Reinders, P.E., Public Works Director r/ Agenda Date: April 12, 2021 Subject: A Resolution to Vacate two unnamed County Alley Roads Statement of Issue: The Board is asked to consider the Hearing Examiner's Report and Recommendation (attached) pertaining to a petition to vacate two alleyways located in the plat of Irondale No.5 described as follows: The 12' alley adjacent to Lots 1 to 12, and Lots 13 and 36; and the 12' alley adjacent to Lots 13 to 15 and Lots 31 to 36, all in Block 112 of Irondale Division No. 5, as per plat recorded in Volume 2 of Plats, page 135, records of Jefferson County, Washington. Assessor Parcel No.'s 962 111 201 and 962 111 205. Please see attached map. Analysis/Strategic Goals/Pro's 8t Cons: The road vacation hearing was conducted before the Jefferson County Hearing Examiner on March 23,2021. Based upon the recommendation contained in the County Engineer's report, as well as testimony gathered for the hearing from other departments, agencies, and individuals, the Hearing Examiner has recommended that the vacation be approved on the conditions that the 50% of appraised value be paid prior to the recording of the resolution to vacate. Fiscal Impact/Cost Benefit Analysis: The petitioner will pay any remaining costs, including the land value compensation and any administrative time in excess of the original permit fee, associated with the road vacation prior to the resolution being recorded. Recommendation: Department of Public Works recommends that the Board approve the vacation of the subject portion of right-of-way by signing the attached Resolution, which will be recorded upon final payment by the petitioner. Department Contact: Mara Dotson, Right of Way Representative, 385-9218 Revie - = By: 7(�/ b P.. p Mor`[ey, u inistrator Date