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Home My WebLink AboutMLA20-00152 Signed Memo - AMW�SoN r JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT -c 621 Sheridan Street I Port Townsend, WA 98368 360-379-4450 1 email: dcd@co.jefferson.wa.us II! NLfl http://www.co.jefferson.wa.us/260/CommunityDevelopment To: Austin Watkins, Interim Planning Manager From: Shannen Cartmel, Associate Planner Date: April 30, 2021 RE: MLA20-00152 Cape George BLA proposal Proposal: Cape George Land CO LLC has applied for a boundary line adjustment (BLA) of 161 platted lots that are represented as 22 tax parcels. On average, each parcel currently has approximately platted 8 lots. The boundary line changes propose to adjust the lot lines into 70 lots. The resultant lot size will range from 12,536 square feet to 17,967 square feet. The proposed boundary line changes will eliminate 91 existing platted lots and will not result in the creation of any new lots. The applicants had a pre -application conference on June 18, 2020, with the previous planner Michelle Farfan. At the time of the meeting, the proposal was to adjust the 161 platted lots into 53 resultant lots. History: The 161 platted lots were from the Irvington Addition Plat recorded on July 21, 1890. Historical Assessor records show that the ownership has changed several times since 1890. Block 5 and 2 have fully developed residences and are under different ownership than the rest of the land included in the historical plat. The lots included in Block 5 and 2 have 3 different ownerships and 3 developed houses, two of which were built in 1993 and one in 2007. Recognition of the Plat: The Attorney General Opinion (AGO) 1996 No. 5 states that the Chapter Revised Code of Washington (RCW) 58.17 which applies to Plats, subdivisions, :end dedications, applies to lands platted before 1937 and that cities and towns can accept plats and subdivisions filed before this date, but are not obligated to. Also, AGO 1998 No. 4 states that the Growth Management Act (GMA) does not obligate a county to require the replatting or resubdivision of lands in the county that are outside any urban growth area and that were platted before 1937, but it allows local flexibility in applying GMA standards to such land. The AGO states: "a county could require the owner of an undeveloped pre-1937 plat to comply with current county land -use laws before permitting development of the land in question. We added a caveat to our opinion, however, to the effect that its principles could not automatically be applied to plats which had been partially or fully developed." Per AGO 1996 NO. 5 at p.5, it is recommended that a county ordinance on the subject clearly specify the extent to which it requires replatting of land and set up standards and procedural options. Jefferson County has not done this and therefore has the flexibility to accept this proposal on a case -by -case basis. AGO 1998 No. 4 goes on to determine that while the Growth Management Act obligates a county to maintain "rural character" or "rural density" the act is not read as an absolute requirement to require resubdivision of all existing undeveloped or partially developed plats which are currently inconsistent with the County's comprehensive plan. This is because the language of the Growth Management Act gives each county considerable leeway in deciding how to apply the Act's requirements to local conditions (RCW 36.70A.030(15)), which defines "rural development" to consist of a variety of uses and residential densities, including clustered residential development." Jefferson County Code (JCC) 18.10.120 that is consistent with this proposal. JCC18.10.120 also a "lot of record" as an undeveloped lot, tract or parcel of land shown on an officially recorded short plat or long plat or a parcel of land officially recorded or registered as a unit of property and described by platted lot number or by metes and bounds and lawfully established for conveyancing purposes on the date of recording of the instrument first referencing the lot. The term "lot of record" does not imply that the lot was created in conformity with the legal regulatory requirements for subdivision of property in accordance with Chapter 58.17 RCW or Chapter 18.35 JCC. This definition gives Jefferson County flexibility in recognizing existing plats. Additionally, Jefferson County Comprehensive Plan allows Jefferson County the ability to accept certain plats under Policy LU-P-20.3: "Analyze historical subdivisions in Jefferson County to define processes for legal lots of record certifications, and define valid plats in rural and urban areas." Ownership history also may create reliance on that plat that allows local governments to accept older plats. The Irvington Addition Plat has changed ownership multiple times since being recorded in 1890. The ownership records for Irvington Addition Plat indicates that the vacant land has been sold several times. Blocks 1, 3, 4, parts of 5, and 6 — 24 were owned with records beginning in 1969. The County Assessor has no ownership records for this plat before 1969. See below: • 1969-1977(August) owned by H.J. Carroll • 8/2/1977 sold to E. Cary/Maureen D. Halpin and Mark Simmons EX#33616 • 3/7/2019 E. Cary, Michel C. and Craig M. Halpin, as Personal Representatives of Maureen D. Halpin, Estate deeded their portion into Cary and Mo Halpin Revocable Living Trust. EX#131915 and re-records to correct description EX#132053 & 113254 • 3/7/2019 Cary and Mo Halpin Revocable Living Trust deeded their portion to E. Cary Halpin Survivor's Trust. EX131916 and re-records to correct description EX#132054 & 132255 • 3/7/2019 E. Cary Halpin Survivor's Trust deeded their portion to Everything Else Too, LLC. • 10/23/2020 Everything Else Too, LLC and Mark Simons sold the property to Cape George Land Co., LLC EX#135411 However, block 2 and parts of block 5 have different ownership and existing development: • Parcel 963600202, IRVINGTON ADDITION BLK 2 LOTS 1 & 2 TGTH W/PTN E1/2 VAC 1 ST ST ADJ BND TGTH THRU BLA# 106473. Was sold at some point prior to 2007 to Frank and Catherine McNabb. In 2007 Glenda and Martin Meek developed the property with a manufactured home under building permit, BLD2007-00322. Additional out buildings and garages were also permitted in 2007. The property changed ownership again in 2021. • Parcel 963600201, IRVINGTON ADDITION BLK 2 LOTS 3,4 & 5 BND TGTH THRU BLA#106473, was sold prior to 1990 to Frank McNabb. They developed the property in 2007 with a garage/pole building (BLD2007-00492). It is still under the same ownership. • Parcel 963600506, IRVINGTON ADDITION BLK 5, LOTS 6 THRU 10(E1/2 OF EACH) LESS R/W, was sold prior to 1993 to Frank and Catherine McNabb. In 1993, they sold it to Julia and Curtis Christman. It was developed in 1993 with a manufactured home and storage building under BLD1993-00105 and BLD1993-00857, respectfully. The property has since changed ownership 2 more times. • Parcel 963600502, IRVINGTON ADDITION BLK 5 LOTS 3,4 & 5 TGTH W/ALL VAC 1 ST ST ADJ BND TGTH THRU BLA#106473, was sold prior to 1990 to Frank McNAbb. They developed the property with a manufactured home in 1986 (Assessor Records) under BLD1993-0080. They still own the property. • Parcel 963600503, IRVINGTON ADDITION BILK 5 LOTS 1 & 2 TGTH W/PTN W1/2 VAC 1ST ST ADJ BND TGTH THRU BLA#106473, was likely sold around the same time as the other properties to Frank McNabb. By accepting the plat, Jefferson County recognizes that the platted lots are considered to be separate parcels per Jefferson County Code (JCC) 18.10.120 Definition: "Lot" means a designated tract, parcel or area of land established by plat, subdivision, or as otherwise permitted by law, to be separately owned, and utilized. RCW 58.17.040(6) exempts this project from a plat alteration because no additional lots are being created, the number of lots is decreasing with the change of boundary lines. To qualify for a BLA, the applicants cannot vacate any roads. This Irvington Addition platted roads have been statutorily vacated due to the age of the plat under RCW 36.87.090 and thus only require a quiet title action to complete this process. Due to the ownership changes and partial development of the Irvington Addition Plat, Jefferson County finds that accepting this plat, despite its age, is consistent with the applicable Washington Attorney General Opinions, Jefferson County Code, and Jefferson County Comprehensive Plan. Therefore, this plat is accepted, which allows the alteration of its boundary lines. Jefferson County should accept this application as a boundary line adjustment to allow development of this platted land in conformance with all current development regulations (except RR5 densityA minimum land area for the RR5 zoning district), conditions, SEPA, and any other applicable codes and ordin ce that regulate development. z` a �1 Reviewed and Approved rector Date 2