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Home My WebLink About106 96FILED FOR AT REQUEST OF Jefferson County Public Works WHEN RECORDED RETURN TO: Jefferson County Public Works P.O. Box 2070 1522 Washington St. Port Townsend, WA 98568 Legal Description: Section 27, Townstfip 29 North, Range I West 396938 STATE OF WASHINGTON COUNTY OF JEFFERSON In the matter of x Vacation of a the Northwesterly x Leg of West Valley Rd. x RESOLUTION NO. 106-96 WHEREAS, the Jefferson County Board of Commissioners has reviewed a road vacation petition submitted by Jefferson county Public Works; and WHEREAS, the Jefferson County Hearing Examiner held a public hearing on the road vacation petition on November 5, 1996; and WHEREAS, the Jefferson county Hearing Examiner considered testimony of the public, comments from applicable departments, agencies and offices, and recommendation from the Jefferson County Public Works Department and Jefferson county Planning Department at the public hearing; and WHEREAS, the Jefferson County Hearing Examiner determined at the public hearing that the public will benefit from the vacation of portions of the roads and such 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 Findings of the Jefferson County Hearing Examiner dated November 15, 1996, NOW, THEREFORE BE IT RESOLVED that the following be vacated and abandoned pursuant to RCW 36.87.140 and Jefferson County Road Vacation Ordinance No. 01-0102-96: The northwesterly leg of the West Valley Road and Beausite Lake Road intersection wye which lies westerly of the West Valley Road right-of-way in Section 27, Town,ship 29 North, Range 1 West, Jefferson County, Washington. . /, ,,- ;' . /BOARD OF CO. iSSIO R /A. // \~-. '~ - ._~l ~ ~ '& Ro~t~on Member SEAL: A~EST: ..... 1996_ 566 ' OFFICE OF THE HEARING EXAMINER FOR JEFFERSON COUNTY 1~ A petition by Jefferson County to vacate the northerly leg of the West Valley Road and Beausite Lake Road intersection wye, being usage right-of-way about 300 feet long by 10 feet wide. Beausite Lake Road R/W FINDINGS, CONCLUSIONS, AND RECOMMENDATION Petitionel~ Property Locatlom FINDINGS OF FACT BACKGROUND/NFORMATION Jefferson County ECEIV . The right-of-way in question is located about three miles southwesterly of Chimacum on the West Valley Road at the intersection of Beausite Lake Road. The intersection contains a northerly wye that intersects the West Valley Road at an angle of about 20°. Leg~Descrlp~om Portion of the intersection of West Valley Road (CR514109) and Beausite Lake Road (CR519009), being the northerly leg of the intersection wye and about 300 feet long by 10 feet wide of usage right-of-way. Prol~rtyl~scrip~om The right-of-way in question is a narrow graveled roadway about 300 feet long cutting across the intersection. Both sides of the roadway have heavy tree growth preventing visibility. SurroundingCondl~on~ undeveloped. The surrounding area is wooded and PROCEDURAL INFORMATION Applicable Regulation~ Jefferson County Road Vacations, Chapter 12.10 JCC HearlflgDatet November 5, 1996. Site Visl~ November 5, 1996. B~au~lt~ Lake Road & W~t Valley Road R/W Vacation - I - Findlng~, Conclusion~, and Reeommendatlon~ SEPA~ Notices: Road vacations are exempt from SEPA per WAC 197-11-800. Mailed: October 18, 1996 Posted: October 17, 1996 Publication: October 23 and 30, 1996 (Port Townsend- Jefferson County Leader). Tert'imon3~ The public hearing was opened on November 5, 1996 at 2:30 p.m. in the Courthouse Lower Level Conference Room. After the public hearing procedures were explained, testimony was accepted. A verbatim tape recording was made. All testimony was taken under oath. Terri Duff, Administrative Assistant for Right-of-Way vacation petitions, presented the Public Works Department Staff Report together with its Attachments A through H. Ms. Duff explained that the need to improve the intersection came up during the recent consideration of the Kiwanis Camp Conditional Use Permit. Ms. Duff explained that the Department of Natural Resources [DNR] opened Beausite Lake Road and the 'wye' a number of years ago during logging operations on their land. DNR has submitted a letter explaining that they will need the wye in the future for logging operations to allow the trucks to make the turn. DNR does not object to the vacation provided the wye would be blocked in manner to allow reopening at minimum expense. Ms. Duff also submitted letters that arrived after the Staff Report was published from the Permit Center and Puget Power. Ms. Duff explained that Jim Pearson (who had stopped by during an earlier hearing) is working on the project, and had a conflict at this hour. Mr. Pearson is working with DNR to resolve the issue, and does not object to closing the wye with some form of barrier that would allow DNR to reopen the wye in the future. There being no other persons to testify, the public hearing was closed at 2:40 p.m. Exhibitm Attach A: Attach B: Attach C: Attach D: Attach E: Attach F: Attach G: Attach H: Exhibit 2: Memo from County Engineer dated 10/25/96. Memo from County Assessor dated 10/21/96. Comment from County Sheriff dated 10/23/96. Comment from Dept. of Transportation dated 10/24/96. Comments from Warren Steurer, Parks & Recreation Manager dated 10/21/96. Assessor and Vicinity Maps. Posting Notice Verification. List of Adjoining Property Owners. Letter from Department of Natural Resources dated 10/30/96. Beausite Lake Road & West Valley Road R/W Vacation - 2 - Findings, Conclusions, and Recommendations Exhibit 3: Memo from County Permit Center dated 10/30/96. Exhibit 4: Letter from Puget Power dated 10/25/96. FINDINGS 1. The County Engineer recommends approval of the vacation because the geometric design of the northerly leg of the intersection creates a potentially unsafe condition. 2. The County Assessor supports the vacation, and since the DNR is the underlying owner, did not submit a value estimate. 3. The County Sheriff supports the vacation. 4. The Washington State DOT stated UNo Comment". 5. The Parks and Recreation Manager reported that the vacation will not hinder future park development. 6. The County Permit Center recommends approval after reviewing zoning and applicable Comprehensive Plan policies. 7. Puget Power reports that they have no facilities in the right-of-way, and therefore have no objections. CONCLUSIONS 1. The primary issue is one of safety. Increased traffic on both Beausite Lake Road serving Kiwanis Camp, and on West Valley Road due to general development in the area, increases the concern over safety. While there may be a future need for this or an improved intersection for DNR use, the immediate need is to preclude use of this leg of the intersection with limited sight visibility. 2. DNR's request for the ability'to reopen the wye in the future for logging operations can be acceptable to Public Works with proper controls to assure safety. 3. The seven criteria specified in the Road Vacation Ordinance are each met. Beausite Lake Road & West Valley Road R/W Vacation ' 3 ' Findings, Conclusions, and Recommendations RECOMMENDATION Based on the Findings and Conclusions above, it is the recommendation of the Hearing Examiner to APPROVE the road vacation petition, subject to the following condition: 1. Provision be made to allow future reopening of the wye for use by DNR logging trucks only in a manner in accordance with safety standards set by Public Works. DATED this 15th day of November, 1996. Irv Berteig Hearing F.~_~__m__l_,~er for Jefferson County A copy or notice of this Recommendation was transmitted by the Jefferson County Permit Center to the participating agencies. Date Transmitted: ausite Lake Road & West Valley Road Vacation - 4 - Findings, Conclusions, and Recomntendatiotm OF RD $~v) 20.62 (3. /v~-F'- To 9 01275001 w~/2 E~/2 sw W 1/2 SW (LESS w 1/2 Sw SW-LYING N'LY OF RD & W 1/2 Nw sw) 21.72 901273003 TAX 20 5.11 a. 901273002 E1/2 E1/2 SW LESS TAX 20 LESS R/W 26.16 a. TWP29N RGE lW SCALE: 1"=200' DR~N. 4/9,/~ 2 DRP REVIDONS ~3SNJLOZ £~10&