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STATE OF WASHINGTON
COUNTY OF JEFFERSON
In the Matter of:
x
Resolution No. 25-93
Establishing the Name
For a Private Road
Bayside Court
x
x
x
WHEREAS, the Jefferson County Board of Commissioners has b.een petitioned to
establish the name of a certain private road located in Bayside Short Plat in Section 16,
Township 28 North, Range 1 East, W.M., as shown on attached Exhibit "A", and
WHEREAS, a majority of property owners using said road are in agreement
regarding the name,
NOW THEREFORE BE IT RESOLVED, that the road shall be named Bayside Court.
ADOPTED THIS "Zt> DAY OF rJJ¡~/, 1993.
JEFFERSON COUNTY BOARD OF COMMISSIONERS
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Richard Wojt, Chairman
In on, Member
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ATTEST:
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Lorna Delaney
Clerk of the Board
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JEFFERSON COUNTY PUBLIC WORKS
PETITION TO NAME ROAD
MAR 0 ~~ 1993
WE, THE UNDERSIGNED, representing a MAJORITY of the
J6fJfifJÞètffY'tJwNERS ALONG THE ROAD, do hereby petition
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.. the Honorable Board of Jefferson County Commissioners
to name said road:
1 st Choice
BAYSIDE COURT
OFFICE USE ONLY
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3rd Choice
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PROPERTY OWNER
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PRINT NAME!
ADDRESS
SIGNATURE
PROPERTY
DESCRIPTION
DATE
Pope Resources ClM;¡/~ Bayside Short Plat 3Æ/~8
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PORT LUDLOW SHORT PLAT NO~
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BAYS IDE SHORT PLAT
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Jefferson County
Board of County Commissioners
P.O. Box 1220
Port Townsend, Washington 98368
Phone (206) 385-9100. 1-800-831-2678
JEFFERSON COUNTY COURTHOUSE
NATIONAL HISTORIC SITE
PORT TOWNSEND, WASHINGTON
ROBERT H. HINTON, DISTRICT 1 GLEN HUNTINGFORD, DISTRICT 2
RICHARD E. WOJT, DISTRICT 3
March 8, 1993
Washington State Department of Transportation, District 3
Fred Tharp, Planner
5720 Capitol Blvd., KT-ll
Olympia, W A 98507-937
RE:
Bill Marlow Request for SR 20 Access
Dear Mr. Tharp,
In review of the Highway 20 Corridor Policies (adopted June 21, 1988) and the Glen Cove
Transportation Study (completed January 1990), the Board of Commissioners has determined that
the request by Mr. Bill Marlow for access off of State Highway 20 should be sent to the State
DOT with a recommendation that it be approved, based upon the following:
There is no other access to the property other than SR 20.
The proposed useage (golf driving range) would not have substantial traffic impacts (the ADT
is estimated to be less than 100).
The Peninsula Regional Transportation Planning Organization (PRTPO) is currently developing
a regional transportation plan that will address the issues surrounding SR20 and the potential
need for frontage roads, or other accesses. This plan is not yet complete. If, upon completion
of the PRTPO plan it is determined that a frontage road should be developed, Mr. Marlow
would be required to utilize the frontage road. Until such time as the plan is completed, Mr.
Marlow requires access to his property for its reasonable development.
The access will be built and maintained to the standards of the Washington State Department
of Transportation.
Mr. Marlow will comply with all Jefferson County Ordinances and mitigations regarding
zoning and SEP A.
Thank you for your attention to this matter.
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Glen Hunti';;-:;;:-~:-'
,VOL
19 rA~~ 339
0 100% Recycled Paper
\
JEFFERSON COUNTY
DEPARTMENT OF PUBLIC WORKS
1820 Jefferson Street
PO. Box 1220
Port Townsend, WA 98368
(206) 385-9160
Gary A. Rowe, PE., Director
Robert G, Nesbitt, PE., County Engineer
SUBJECf:
DATE:
Board of County Commissioners
Gary Rowe ø-
BILL MARLOW--SR 20 ACCESS
TO:
FROM:
March 8, 1993
Attached is draft language for a recommendation to the Washington State Department
of Transportation regarding Mr. Marlow's request for access off of SR 20.
CC:
David Goldsmith, Director of Community Services
Craig Ward, Director of Planning & Building Department
6
100% Recycled Paper
CRAIG L. JONES & ASSOCIATES
ATTORNEYS AT LAW
CLEAR CREEK OFFICE PLAZA
10049 KITSAP MALL BOULEVARD, SUITE 201
SILVERDALE, WASHINGiON 98383
TELEPHONE (206) 692-6446
FAX (206) 692-6492
CRAIG L. JONES
March 2, 1993
"
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Mr, Richard Wojt, Chairman
Mr, Robert Hinton
Mr, Glen Huntingford
Board of County Commissioners
Jefferson County Courthouse
1820 Jefferson street
Port Townsend, Washington 98368
Re:
Short Subdivision SP 18-90
Our Client: Mr. William Marlow
Commissioners:
Our firm represents Mr, William Marlow, the owner of
property comprising Jefferson County Short Plat SP 18-90
(hereafter referred to as "the Short Plat"). Jefferson County is
withholding final approval of the Short Plat, Jefferson County
staff refuses to grant final approval until Mr. Marlow submits
sewage system designs for each house to be constructed on the
lots, This purported requirement is not contained within any
Washington law or regulation, nor any Jefferson County ordinance
or regulation. On the contrary, this requirement is being
imposed based upon an inter-departmental agreement and
understanding among Jefferson County staff, This is not only
improper, but also contrary to law, Accordingly, Mr, Marlow
would appreciate your assistance in addressing this issue,
Jefferson County only applies this requirement to short
plats, not any other subdivision of land, The developer in a 50
lot subdivision would not be required to submit sewage system
designs prior to final approval of the subdivision, but a
developer in a three lot short plat would be required to submit
sewage system designs for each lot. This should be changed
immediately,
To require sewage system designs (which are based in part
upon the number of bedrooms in a house) to be approved at the
time of short plat approval is impractical and overreaching, At
the time of short plat approval, the owner usually has no idea
what house will eventually be built on the lot, Accordingly, any
design would merely be speculating with regard to the
configuration of the house, the size, the number of bedrooms and
the on-site location of the sewage system, Moreover, if the
permit were obtained based upon the speculation at the time of
subdivision, the property would be vested (per existing
regulations) for approximately three years, regardless of when
the application for a building permit was filed and regardless of
any changes in the regulations, This may not be in the best
interests of the citizens of the County,
with regard to Mr, Marlow's pending Short Plat, the
preliminary approval was granted on September 30, 1990,
Condition 7 of the Short Plat provides that.. [s]ewage system
design approval for each Lot is required prior to final plat
approval," This is contrary to Washington law and regulations
relating to on-site septic approval and, further, contrary to
Jefferson County ordinances and local rules and regulations of
the Jefferson County Health Department, In addition to the
unfairness of applying such a requirement, any application of
this unwritten, unapproved inter-departmental staff agreement and
understanding is arbitrary and capricious, contrary to law and
likely violates our Client's constitutional protection to due
process.
Washington on-site septic system regulations, which are
designed to provide a uniform framework for on-site septic
systems, are located in WAC 246-272, There is no requirement
that septic system design must be approved prior to approval of
a subdivision of property, On the contrary, Washington
regulations only require approval of septic system design at the
time the applicant applies for the permit to install the system,
WAC 246-272-090, This is the only meaningful time to determine
the specifications of the house and the location of the sewage
system on the property, While Washington law does not provide
for septic system design approval prior to approval of the
subdivision, the State has given latitude to the local
governments to adopt their own rules and regulations, providing
the requirements are not less stringent that the State
requirements,
Pursuant to WAC 246-272-020(1), "[l]ocal boards of health
may adopt local rules and regulations governing on-site sewage
systems," Local rules and regulations must be approved by the
State Department of Health, Jefferson County has adopted local
rules and regulations for on-site sewage disposal systems, which
are found in Jefferson County Ordinance No, 2-77, as amended from
time-to-time, Despite the existence of these local rules and
regulations, and for good reasons, there is no requirement that
on-site sewage design approval be approved prior to final short
plat approval,
Even though there is no statutory basis for requiring sewage
system design approval prior to final short plat approval, the
County staff has decided amongst themselves to handle the
situation differently, without public input or involvement and
wi thout authorization of the County Commissioners, Attached
hereto is a copy of a letter, dated June 9, 1987, establishing
Board of County commissioners
March 1, 1993
Page - 3
that in 1987 the county staff agreed to the following with
to on-site septic system approval within short plats:
regard
2,
Sewage Disposal Permits (SDP)
required for each proposed lot,
If the number of bedrooms for the proposed
structure on the lot are not specified, the
SDP shall be designed for a minimum of three
bedrooms, If the SDP was issued on a
specific lot for less than three bedrooms,
notation shall be required on the face of
the plat, (The health department will
specify the language of this notation in the
preliminary approval letter for the short
plat, )
will
be
L
The current fees for the SDP on each lot
shall be reviewed by the health department,
It is interesting to note that the staff recognized the
uncertainties associated with requiring sewage system design
approval prior to knowing the configuration and specifications of
any house to be built on the property. The County staff decided
that "if unspecified," they would treat it as a three bedroom
house and require sewage system design approval for a three
bedroom house, This approach to on-site sewage disposal
regulation is, at best, "guess work," It also fails to consider
other conventional alternative disposal systems that may be
available,
3,
It is my understanding that the Jefferson County Health
Department is requiring the prior sewage system design approval
in an attempt to prevent any misunderstandings among purchasers
with regard to what is approved on a short platted. However,
rather than speculate at an early date, perhaps long before any
plans to build on the property, it would seem better to merely
disclosed on the face of the short plat that the property passed
the percolation test required by Washington law for approval of
the short plat, but no sewage disposal system has been approved
by Jefferson County for the lot and, accordingly, the purchaser
should contact the Jefferson County Health Department for more
information. This would address the issue without requiring the
speculation and meaningless advance approval of sewage system
designs prior to any determination with regard to what will be
built on the property,
There have been numerous attempts by Mr, Marlow to convince
Jefferson County staff that there is no basis for withholding
final approval of the Short Plat based upon this unauthorized
Board of County Commissioners
March 1, 1993
Page - 4
inter-departmental agreement or understanding, All of these
attempts have been to no avail, A line of recent Washington
Supreme Court cases, which Mr, Huth will be familiar with, holds
that the County, and perhaps those individuals involved, may be
liable for wrongfully withholding final approval of the Short
Plat,
Mr. Marlow would appreciate your assistance and intervention
with regard to this matter, Hopefully, you will agree that (1)
there is no need for sewage system design approval at the time of
final short plat approval: and (2) there is no Washington or
Jefferson County statutory or other authority for imposing such
a condition, If I can be of further assistance, please let me
know, Otherwise, I will await your response,
Very truly yours,
CRAIG L. JONES & ASSOCIATES
~~~, ð~
CIJ\klc
cc: Mr, Larry Faye
Mark Huth, Esq,
Mr. William Marlow