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Home My WebLink About026 06 r' 1111111111111111111111 ~,~, ~ ~:35 J f OS/25/200608'13A e ferson County Aud JEFFERSON COUNTY PUB RESO 34.00 . RETURN ADDRESS ~blic \Nom --YO~ d-.DiD ~+-r~V\serd 'V\fAC1~ Please print neatly or type information D~ENT ~ITLE ---KeSo \ lA..,-n (Y) REFERENCE NUMBERS (S) OF RELATED DOCUMENTS Additional Reference #'s on page_ GRANTOR (S) (Last, First and Middle Initial) ~~~~ Cl)~Nl'-f Additional grantor on page ~ GRANTEE (S) (Last, First and Middle Initial) ~ I ~h~v-cA vJ g6A1-,' S~\'1)Y\ k-. Additional grantee on page _ LEGAL DESCRIPTION (Abbreviated form: i.e. lot,block,plat or section,township,range,quarter/quarter) ~\~1 o.dj -h~ 13\35 ~~ No,LP. Additional legal on page_ ASSESSOR'S PROPERTY TAX PARCEL/ACCOUNT NUMBER CT lQ ~ \ 3 50 'b Cfli ;t I \ 3SLf1 Additional parcel #'s on page_ The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. . i r)",. '-). . C.C: lLl.'s.l", J ..-.--\ .' .' '" \)~) t&~ '\ El"-.)) 1111111111111111111111 ~:~~l~~:~ '" Jefferson County Aud JEFFERSON COUNTY PUB RESO 34.00 STATE OF WASHINGTON COUNTY OF JEFFERSON In the matter of x RESOLUTION NO. 26-06 Vacation of the alley in Block 135, Irondale No, 6 x x WHEREAS, the Jefferson County Board of Commissioners has reviewed a road vacation petition submitted by Richard W. Beal and Sharon K. Beal; and WHEREAS, the Jefferson County Hearing Examiner held a public hearing on the road vacation petition on May 2, 2006 at 1 :OOpm in the Jefferson County Courthouse; 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 Department of Community Development at the public hearing; and WHEREAS, the Jefferson County Hearing Examiner determined that the public will benefit from the vacation of this alley 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 May 9, 2006; and 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 entire platted alley, approximately 15' wide by 225' long, lying adjacent to Lots 19 through 28, in Block 135 of the plat of Irondale Division No.6, as recorded in Volume 2 of Plats at Page 139, records of Jefferson County, Washington. Situated in Section 35, Township 30 North, Range 1 West, W.M.. ADOPTED THIS 22nd DAY OF Mav ~~.. ,'ic.rl?\) ~ TY.' C 0 I ~(l'>"~ . .. : fI" " .~. ~~' ,," ",. " '~~,. ,"~'. .,.10 A'. ;~' ;".'~ .......\"..~'..~,.\... OJ. ''''. "v'" . ~ . :' ,~"\ \\\,' ,~'t-:S\~/f \'.. ft >>" .~ :.. \1 ' i,.' i . VI .. ~~ " f ". :..!.~..; / ; ~ Ii iii ,-.. . /. , .,;-. I' " . . ' . ~" .t' $ ... .. ':L I " ,'. ' -,i.J.,.1j , . 5E{\t::-~..;- ~ ,,' ".,/ . ~ .." y , ". ..., \ AI'" ~;J ''', .) cJ" ,,' ,..r; A TIEST: ~~)~ ~rna L. Delaney Clerk of the Board ,2006 1111111111111111 1111 II ~1~5~~~4:~, ~ Jefferson County Rud JEFFERSON COUNTY PUB RESO 34,00 ~j~jtJ V~O d1 S 'N t'< n v lI) lO r--. 0Cl OJ 0 ~ N n v lI) lO r--. ~J~IJ 0 ']'I I; ~ ~ ~ ~ ~ ~ ~ ~ N ,------ y' j::: N LLJ // r '''~ ""\ .... 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Box 2070 1322 Washington St. Port Townsend, WA 98368 (360) 385-9160 Frank Gifford, Public Works Director Monte Reinders, P,E., County Engineer MEMORANDUM TO: Board of County Commissioners FROM: Monte Reinders, County Engineer p'ltr DATE: April 20, 2006 SUBJECT: Engineer's Report on request to vacate alley in Block 135, Irondale No.6 In accordance with Ch 36.87 RCW, I have examined the above referenced right-of-way, and submit the following report, I. The right-of-way requested for vacation was dedicated in the plat of Irondale Division No.6 and recorded on June 28, 1910 and therefore is not statutorily vacated under Chapter 36.87,090 RCW. The request is to vacate the entire platted alley, being approximately 15' x 225', lying adjacent to Lots 19 through 28, in Block 135 of the plat ofIrondale Division No, 6 as recorded in Volume 2 of Plats at Page 139, records of Jefferson County, Washington. 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I- ~~ ~~ N- S!~ :'If;; lDlll ~~ N~ ~ re ~ 01 0 :: ~~ r.t IlllD .....ClCI co..... lD III ~~ 1')1') 1')1') ~ ClCI - -~ ~ ~ '3^Y ~~n8S11Id .N -pi I')~ ~~I')~llllD~~~K::NI')~llllD~ClCIOl ~ - ~ 1(': ~ -------- ~ - /r<J ~ \ N I') I') ~ 1'1"1- ~ :: BEFORE THE HEARING EXAMINER FOR JEFFERSON COUNTY \rn\ IE ~._'~-l'-'~r-~I'F~ \:;!) ----11\ \\\ \;~:.~r \\1 ill i U U M A'{ 1 1 2006 l::J \ JEFfERSON COUNTY PUBliC WORKS DEPT In the Matter of the Application of Richard W. Beal and Sharon K. Beal ) ) ) ) ) F or Approval of a ) Petition for Vacation ofa County Right-of-Way) FINDINGS, CONCLUSIONS, and RECOMMENDATION SUMMARY OF RECOMMENDATION The Hearing Examiner for Jefferson County recommends to the Jefferson County Board of Commissioners that the request for approval of a Petition for the Vacation of a County Right-of- Way be GRANTED. SUMMARY OF RECORD Request: Richard W. Beal and Sharon K. Beal (Applicants) requests approval of a Petition for the Vacation of a County Right-of-Way. The right-of-way is a platted alley lying adjacent to Lots 19 through 28, in Block 135 of the plat ofIrondale Division No.6 in Jefferson County, Washington, Hearing Date: An open record hearing on the request was held before the Jefferson County Hearing Examiner on May 2, 2006. Testimony: At the open record hearing the following individuals presented testimony under oath: 1. Kelli Larson, Department of Public Works, Jefferson County 2. Richard W. Beal, Applicant 3. Sharon K. Beal, Applicant Exhibits: At the open record hearing the following exhibits were admitted into the record: 1. Staff Report on County Right-of-Way Vacation Petition, with attachments: A, Memorandum from Monte Reinders, County Engineer, Jefferson County Department of Public Works, dated April 20, 2006 B. Land Appraisal Report, dated February 13,2006 C, Memorandum from Michelle Farfan, Project Planner, Jefferson County Department of Community Development, dated April 11, 2006 D. E-mail correspondence from Puget Sound Energy, dated April 3, 2006 E. Memorandum from Jefferson County Parks & Recreation Advisory Board, dated April 5, 2006 F, Jefferson County Assessor Parcel Information and Vicinity Maps G, Notice of Public Hearing -' Posting Notice, dated April 5, 2006 H. Mailing List for Public Notice I. Petition for Vacation ofa Jefferson County Road, dated February 15,2006 Upon consideration of the testimony and exhibits admitted at the open record hearing, the Hearing Examiner enters the following Findings and Conclusions: FINDINGS 1. The Applicants request approval of Petition for the Vacation of a County Right -of- Way. The right-of-way is a platted alley, approximately 15 feet wide by 225 feet long, lying adjacent to Lots 19 through 28, in Block 135 of the plat of Irondale Division No, 6 in Jefferson County, Washington.l Irondale Division No, 6 was recorded on June 28, 1910, Exhibit 1, Staff Report, Exhibit 1, Attachments C and 1 2. The Applicants own Tax Parcel 962113508 (Lots 20 through 27) and Tax Parcel 962113509 (Lots 28 through 30). Tax Parcel 962113508 lies directly south of the right- of-way. Tax Parcel 962113509 lies north/northwest of the right-of-way. The only other property abutting the right-of-way is Lot 19, located at the north/northeast comer. Lot 19 is owned by Lonna Ward who owns Tax Parcel 962113507 (Lots 14 through 19). The Applicant's property is vacant, as is the Ward parcel to the north/northeast. Exhibit 1, Attachment F; Testimony of Ms. Real. 3, Exhibit 1, Attachment F are a series of maps depicting the alley in relation to zoning, critical areas, topography, bodies of water, and the original plat for lrondale Division No. 6. Exhibit 1, Attachment F 4. The right-of-way is zoned as Rural Residential, one dwelling unit per five acres (RR 1 :5), The RR 1:5 district is intended to allow for continued residential development in areas of the County which are of relatively high density pre-existing patterns of development, along the County's coastal areas, and within areas within or adjacent to rural centers and rural crossroads. JCC 18. 15.015(J)(a); Jefferson County Comprehensive Land Use Map; Exhibit 1, Attachment C. 5. The Applicants assert that the vacation is warranted because Prospect Avenue, a county residential collector, encroaches on to their property (Tax Parcel 962113508) by approximately 23 feet and that vacation of the alley would allow needed space for 1 The alley is situated in Section 35, Township 30 North, Range 1 West, W.M. The plat was record in Volume 2 of Plats at page 139, records of Jefferson County, Washington. Findings, Conclusions, and Recommendation Hearing Examiner for Jefferson County Beal Right-of Way Vacationh Page 2 of6 residential development. Jefferson County Public Work's staff testified that Prospect Avenue, a platted right-of-way, was built outside of its boundaries and does encroach onto the Applicants' property. Ms. Larson further testified that the alley has not been open for a period of five years of more. Exhibit 1, Attachment I; Testimony of Mr. Beal; Testimony of Ms. Larson. 6, The Applicants represent a majority of the owners of the frontage of the right-of-way proposed to be vacated. The only other adjacent property owner, Ward, received notice of the proposal but has not submitted comments Exhibit 1, Attachments H & I; Testimony of Ms. Beal. 7. As required by JCC 12,10,050(2), Jefferson County Department of Public Works (Public Works) submitted comments on the proposal. Public Works determined that the alley does not provide for area circulation or utilities and its vacation would not impair effective emergency services. Public Works also determined that the alley does not abut a body of water and that vacation of the alley would not land lock any parcel of property. Exhibit 1, Attachment A. 8. JCC 12.10,120 mandates that the Applicants compensate the County for the land vacated, A Land Appraisal Report was submitted. The Appraiser, Ralph Erickson, determined that the fair market value of the alley to be $2,700.00, Exhibit 1, Attachment B. 9. Pursuant to JCC 12,10.060, Jefferson County Department of Community Development (Community Development) must review the Petition for consistency with the Jefferson County Comprehensive Plan and other applicable plans, policies, and ordinances and for potential impacts to environmentally sensitive areas. Community Development noted that the proposed vacation would not affect an on-road bike route proposed in the Transportation Element of the Comprehensive Plan for Prospect Avenue but that the alley is within a Special Aquifer Recharge Protection Area (SARP A) and in close proximity to the Airport Noise Overlay District. Exhibit 1, Attachment C. 10. Aquifer recharge areas are areas that are naturally susceptible to water quality and/or quantity degradation due to the existence of permeable soils or a seawater wedge in coastline aquifers, SARP As are classified as sole source aquifers, special protection areas, and wellhead protection areas, and groundwater management areas.2 Limitation on high impact land use activities and protection standards, such as stormwater control and on-site septic disposal, along with any applicable mitigation measures, are determined 2 JCC 18. 15.240(3)(a)-(d). Sole source aquifers as designated by the US Environmental Protection Agency in accordance with the Safe Drinking Water Act of 1974; Special protection areas as designated by the Washington Department of Ecology under WAC 173-200; Wellhead protection areas as determined in accordance with delineation methodologies specified by the Washington Department of Health under authority of WAC 246-290; and Groundwater management areas as designated by the Washington Department of Ecology in cooperation with local government under WAC 173-100. Findings, Conclusions, and Recommendation Hearing Examiner for Jefferson County Beal Right-of- Way Vacation Page 3 of6 upon submittal of a specific project application. Although the basis for their petition is to allow for residential development, the Applicants are not proposing a specific development project at this time. JCC 18.15.240; JCC 18.15.250; JACC 18.15.255; Exhibit 1, Attachment C. 11. The Airport Noise Overlay District, JCC 18.15.155, is a district, which provides regulations in addition to those of other sections in the JCC for certain land areas, and for uses which warrant specific recognition and management. Jefferson County designates two overlay districts - Airport Overlay I and Airport Overlay II. Although the right-of- way proposed for vacation does not lie within the overlay district, Community Development noted that the property is near an airport and may be impacted by noise and aircraft take-offs and landings. The Applicants currently reside on Kala Point Drive, located immediately west of the alley, and are well aware of airport impacts. Exhibit 1, Attachment C; Testimony of Ms. Beal. 12. JCC 12,10.070 provides for review of the Petition by utility providers (water, electricity, and phone), emergency services providers, and other applicable departments or agencies. Puget Sound Energy stated that it does not have any electrical facilities within the alley proposed for vacation. Jefferson County Parks & Recreation submitted that the alley has no significance to Parks & Recreation. No response was received from JEFFCOM, Jefferson County PUD #1, QWEST Telephone, or East Jefferson Fire & Rescue (Fire Protection District #1). Exhibit 1, Staff Report; Exhibit 1, Attachments D and E. 13, Notice of the open record hearing was published in The Leader on April 19 and April 26, 2006. Notice was mailed to surrounding property owners on April 2, 2006, and posted on site on April 5, 2006. Exhibit 1, Staff Report; Exhibit 1, Attachments G and H CONCLUSIONS Jurisdiction The Hearing Examiner is granted jurisdiction to hear and make a recommendation on petitions for right-of-way vacations pursuant to RCW 36.87.0603 and JCC 12,10.080, Criteria for Review The criteria for approval of a Petitioner for Vacation of a Right-of-Way are set forth in JCC 12,10.110. The criteria are as follows: 1. The proposed road vacation complies with the Jefferson County Comprehensive Plan and any other applicable plans, policies, and ordinances. 3 RCW 36.87.060(2) provides: As an alternative, the county legislative authority may appoint a hearing officer to conduct a public hearing to consider the report of the engineer and to take testimony and evidence relating to the proposed vacation. Following the hearing, the hearing officer shall prepare a record of the proceedings and a recommendation to the county legislative authority concerning the proposed vacation. Their decision shall be made at a regular or special public meeting of the county legislative authority. Findings, Conclusions, and Recommendation Hearing Examiner for Jefferson County Bea! Right-of Way Vacation Page 4 of6 2, Roads should not be closed, vacated, or abandoned when land uses or development plans, or occurring patterns, indicate their usefulness for area circulation. Prior to a vacation decision, an examination should be made of its probable effect on overall area circulation in the neighborhood. Single and multiple vacations should be considered a positive tool toward improving neighborhood circulation and access. 3. The effectiveness of fire, medical, law enforcement, or other emergency services should not be impaired by the closure, vacation, or abandonment of County roads. Appropriate authorities should be consulted with respect to this policy, 4, Roads should not be closed, vacated, or abandoned when such routes can effectively be used for utility corridors. Public and private utility companies and their plans should be consulted with respect to this policy. 5. Roads should not be closed, vacated, or abandoned when such routes can be effectively uses for trails or pathways. The Jefferson County Parks, Recreation, and Open Space Plan should be used as a guide to determine trail needs. 6, In compliance with RCW 36,87,130,4 no County road, or part thereof, should be vacated that abuts on a body of salt or fresh water, unless the vacation is to enable any public authority to acquire the vacated property for port purposes, boat moorage, or launching sites or for park, viewpoint, recreational, educational, or other public purposes, or unless the property is zoned for industrial purposes. 7. The proposed vacation will not land lock any parcel of property. Conclusion Based on Findings I, The proposed road vacation complies with the Jefferson County Comprehensive Plan and any other applicable plans, policies, and ordinances. Based on County Staff review and the supporting documentation and testimony, the proposed right-of-way vacation is consistent with the Jefferson County Comprehensive Plan, and all other plans, policies, and ordinances, Findings of Fact Nos. 4, 6, 7, 8, 9, 10, 11, 12, and 13. 2. The vacation would not have an effect on overall area circulation in the neighborhood. The proposed right-of-way vacation is for an alley. The alley has not been open for public use for a period of five years or more. Findings of Fact Nos. 3, 5, and 7. 4 RCW 36.87.130 provides: No county shall vacate a county road or part thereof which abuts on a body of salt or fresh water unless the purpose of the vacation is to enable any public authority to acquire the vacated property for port purposes, boat moorage or launching sites, or for park, viewpoint, recreational, educational or other public purposes, or unless the property is zoned for industrial uses. Findings, Conclusions, and Recommendation Hearing Examiner for Jefferson County Beal Right-of- Way Vacation Page 5 of6 3, The effectiveness of emergency services would not be impaired. Findings of Fact No. 7 and 12. 4. Utility corridors would not be affected by the proposed vacation. Findings of Fact No.7 and 12. 5. The road would not be effective for uses as a trail or pathway. The alley is 225 feet in length and located within a platted residential community. Jefferson County Parks & Recreation expressed no interest in the right-of-way. Findings of Fact No.9 and 12. 6, The road vacation does not abut on a body of salt or fresh water. No bodies of fresh or salt water are located on or near the subject right-of-way. Findings of Fact Nos. 3 and 7. 7. The proposed vacation would not land lock any parcel of property. Findings of Fact Nos. 4 and 7. RECOMMENDATION The Hearing Examiner for Jefferson County recommends to the Jefferson County Board of Commissioners that the request for approval of a Petition for the Vacation of a County Right-of- Way is GRANTED. The right-of-way to be vacated is the entire alley, approximately 15 feet wide by 225 feet long, lying adjacent to Lots 19 through 28 in Block 135 of Irondale Division No.6 within Section 35, Township 30 North, Range 1 West, W.M. Decided this Cf#I day of May 2006, DRISCOLL & HUNTER Hearing Examiners for Jefferson County By: ,~ IE ,AINSWORTH-TAYLOR Findings, Conclusions, and Recommendation Hearing Examiner for Jefferson County Beal Right-of-Way Vacation Page 60f6