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HomeMy WebLinkAbout086 07 ec '. ~uJ "? ;olJ.-lor TreC() ) 111111I111111111111111 :~~~f171 10/05/2007 12:53P '- _ ...1eJ1*"J"..;:nn ~"",....t" !I.or! l~~FFIi..,OI\l r.OllNr'l..._.2~_______~c.cL .!II; 1710\ STATE OF WASHINGTON COUNTY OF JEFFERSON In the matter of } } } RESOLUfION NO. 86-07 Vacation of a portion of the alley in Block 123 Irondale No.5 WHEREAS, the Jefferson County Board of Commissioners has reviewed a road vacation petition submitted by Scott and Mia Weidner; and WHEREAS, the Jefferson County Hearing Examiner held a public hearing on the road vacation petition on June 8, 2007; 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 Engineer 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 June 20, 2007; 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: that portion of the platted alley, being approximately 7.5 feet wide by 200 feet long, lying adjacent to Lots 20 through 27, in Block 123 of the plat of Irondale Division No.5, as recorded in Volume 2 of Plats at page 135, records of Jefferson County, Washington. Situated in the Northeast quarter of Section 34, Township 30 North, Range 1 West, WM. This vacation affects parcel numbers: 96211231 I and 962112308. ADOPTED THIS 1st DAY OF OCTOBER, 2007 ,~, ~ CO \! f,'~" "...---....-.l ref. '. .~ " r '. :fi.., . J' .:' V'f~ "j:'" ~. ..... .. ", /_ ,,_ _.. I r"' ';'"'l(. -_,ti".;~,,<:t,,<_ . P j:;- fO. -~ --:-~1:: ':'\:": .. . ,n ~"...''"'''.: \'\.t-tt,:,.T}' j.' ~'!f .. -.: .. .. ._'.r~"""""" ..,.'- . ~ i: '" . .',," '/ ~" . ~.... '. ~;),J _ . ...".l > >' ~."~ ,., S :(. - ~ . . ~ ~,~ '-.:"<' . )j'. _~:,,/f.)Q__c'._:./ A TrEST: - . ~?!ItbJl-rb '~ orna L. Daney I ~erk of the Board . 11111111111111111111111111111111111111111111111 11111111 :9~~~r171 ,---.ll'!ffpl",<:nn_r;mJn!v_t=lIU'~_.1I=~FFRS{)N r:OlINT 10/05/2007 12:53P -. V__ROt:l_RF~O_4AdiIC'l~.1 Y.~/~.. / ,l"''''ODR~ . r -ltl. %' 'k:'\\d~I\f)~~ ~~'-~ \\ L~~.~ ., \'R~~l\~~:S5~", ~~ ~ s=t---Lw 2 TF 'OX""ODR~ ~ -I"'r-v, /l~\\ 1~ ,t Sooth ooe-half of "Iey / TT 1'1''/ , . ~'lrJ ~ IlL adjacent to lob 20 through -; WIL 7 27 '0 Block 123 ~; It:::=i I w:.. r I ~ I (ff I I I ULL I '-.... .~ I=~ ri' , "I~~'" /UlreO.ROW^'iAV_g- 'T."",,'''- ".~f~"'lV';~'jll!f'~~ . ~~~ E1"^",~.;~+- 1. . h ,I /""" I i I~ '-~ ~ ~'~+- ~f v" ~~ ~ .~ )- 1/ iC'''o'"~ I :~gERfEE5SS;EJmEif~~~+~~~t-6iF~ ,\ I~'I ~~~ ::~"'nt~~)g1E;JH~J-jHf~t~:E~~~~~U~\ , g h~ -d1~~~mm~.-.bB'~~rnmt . j ~)~ ,~=~lflU~~"," ; IA . ." I Ij' II 'II-I,W\" ,,( I rLUllffwPJELlSSAST "'-' .-/ ~ Inll1TT11 ),),'1"; 1'1 111'\ - nWSWAIooEYST r:::.. ~ Y// [11, ,~",.;~~Llj '~~I ~''r, ,\ \\ III' ~'~I",' 'Efw",:-",s;:u~ II ~rtiF;;;:..;,,,, Iii] fi-0 ~ 1111 W 110 II I :bh.J1 ~!._~ :::~I rll > ll'~ '''\ IN\ II U[[]JI'f""'~ '~;~~;~J8"t'~r;~ :,:t::Tt~ '\ ~ ~~~'\~ LlAJ.lALN ~Jt-J S _~"\.; \~ j~ ~WARCe~~T :~~i"'.L_~~Y<: ...-~'O..,&. u:i-ftr1 eA~fENST~t'\.~ ':.""'':l>. ~ hi I I crM(1 JII~,fb;"!lTILl I >~\, ""..~~ ~:fi=i=Tnii?- 4lMf':I'1i ~..1" '''ce' i~ .~~ !U::i-TjU", :----:;; ".ce,~! ~~ ",W''''',"''T> IT !=;J~" bJ. -, '-'.':', IIIII '~ ' I . ~ II.X.:r:i::t:< f-~~I I, l.! ri EEUCEM'::S:r vA:~ / ~ ~f ~J;;~ !";~~',~ ,r ~ k "-~ ~-::J p';',: ~ ~~~'T;K\~f,;;' N .~, ,J ~cA~X1t~l~8.8~\dh-t " . 111111I111111111111111 ~~5~:;\ ~ 53P ~h,f PI'~ l<E>ff...r.......~ r.nlJntv C,.....! lFi=i=i=oe.nJ\1 rrlllNJY ~--.RFJ;n ~ OFFICE OF THE HEARING EXAMINER ~ ~ v''' 2 1 JEFFERSON COUNTY J. , REPORT AND RECOMMENDATION CASE NO.: COUNTY ROAD VACATION PETITION APPLICANT: Scott and Mia Weidner 2280 Towne Point Avenue Port Townsend, WA 98368 SUMMARY OF REQUEST: The applicant is requesting to vacate that portion of the platted right-of-way known as the alley in Block 123 lrondale No, 5, described as follows: That portion ofthe platted alley, being approximately 7,5 feet wide by 200 feet long, lying adjacent to Lots 20 through 27, in Block 123 of the plat of Irondale Division No, 5, as recorded in Volume 2 of Plats at page 135, records of Jefferson County, Washington, Situated in the Northeast quarter of Section 34, Township 30 North, Range 1 West, W.M, SUMMARY OF RECOMMENDATION It is hereby recommended that the Board of Jefferson County Commissioners vacate the southern half of a 15 foot wide, platted alley adjacent to Lots 20-27, Block 123 in the Plat of I rondale Division 5 as recorded in Volume 2 of Plats at page 135, Records of Jefferson County, Washington, situated in the NE quarter of Section 34, Township 30 North, Range 1 West, Willamette Meridian, PUBLIC HEARING: After reviewing the Jefferson County Department of Community Development 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 June 8, 2007, Parties wishing to testify were sworn in by the Examiner, The following exhibits were submitted and made a part of the record as follows: 1- 1111111111111/1111111111 I11I I11I1 111111111 II/II 11111111 :.~~~f~ 1 ---1~fAr!U'l~r.olmt.l.'..~Jd.. l~EF"""n., ~^l'" 10/05/2007 12.53P - "-=""-........, -'llITY_lil:c'I.Q __ IiFs.a _4.fi M_ "_ _ SEE ATTACHED INDEX LIST WILL BUTTERFIELD, right-of-way representative from the Jefferson County Public Works Department, appeared and testified that the applicant owns Lots 20 -27 of Block 123 of the Plat of Irondale Division 5 and requests an alley vacation. Public Works posted the site and has received no comments. The only condition requires payment of the appraised value of the parcel. SCOTT WEIDNER appeared and testified that he agrees with the staff presentation and that a road cuts through his property. He ascertained that the ordinance requires him to pay 50% of the appraised value of the property and Mr. Butterfield confirmed his understanding. 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 Community Development. FINDINGS, CONCLUSIONS AND DECISION: FINDINGS: 1. The Hearing Examiner has admitted documentary evidence into the record, and taken this matter under advisement. 2. Road vacations are exempt from SEPA, per WAC 197 -11-800(2)(h). 3. Notice of the Hearing was mailed to adjacent property owners on March 13, 2007. Publication of.legal notice was provided on May 30, 2007 and June 6, 2007. Notice was posted on the site by Department of Public Works on May 11, 2007. 4. The applicants, Scott and Mia Weidner, have a possessory ownership interest in Lots 20-27 of Block 123 of the Plat of Irondale Division 5 which the applicant or previous owners have combined into two parcels. The total site abuts Prospect Avenue on the south and an unopened, 15 foot wide alley on the north. The Plat of Irondale Division 5 was recorded on April 2, 1910, and Jefferson County has not opened the alley since that time. 5. The applicant requests the Board of Jefferson County Commissioners to vacate the south half of the 15 foot wide alley adjacent to Lots 20-27 which consists of a strip of property 7.5 feet in width and 200 feet in length. The Board previously vacated 2- 100 feet of the alley in another location. All County Departments recommend that the Board vacate the southern half of the alley as requested. 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 Section 12.10.110 JCC, and provide a written recommendation to the Board to either grant or deny the petition along with any recommended conditions of approval. Findings on each applicable criteria set forth in Section 12.10.110 JCC are hereby made as follows: A Based upon the recommendations of approval from various County Departments, the proposed road vacation complies with the Jefferson County Comprehensive Plan and applicable County plans, policies, and ordinances. The Department of Community Development (DCD) has reviewed the request and found the vacation in compliance with the Transportation Element of the Comprehensive Plan. B. The alley has not served and now cannot serve as a means of providing area circulation. The vacation will have no impact on any abutting parcel since all parcels have access from a County right-of-way. C. The Public Works Department circulated the vacation petition to East Jefferson Fire-Rescue (FPD #1), but received no response. Therefore, it is assumed that the vacation will not impair the effectiveness of fire, medical, law enforcement, or other emergency services. D. The alley does not presently serve as a utility corridor and neither Public Works nor DCD recommends retention of utility easements. Furthermore, Puget Sound Energy has no objection to the vacation request E. The Jefferson County Parks and Recreation Advisory Board has determined that the right-of-way has no significance to parks and recreation and therefore has no objection to the approval of the petition. F. The right-of-way proposed for vacation does not abut a body of salt or fresh water and is not zoned for industrial purposes. G. The proposed vacation will not land lock any parcel of property as all properties in the area abut County rights-of-way. 7. In accordance with Section 12.10.120 JCC, Donna Bauman, a certified appraiser, submitted a Land Appraisal Report valuing the property at $1,000. The applicant does not challenge said valuation. 3- \II\\III~~~~!I~~~L:~- .1PJ1~.so.rL.crnIOL\LQJ - CONCLUSIONS: 1, The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. 2, The request to vacate the southern half of a platted alley adjacent to Lots 20-27 in Block 123 of the Plat of Irondale Division 5 satisfies all criteria set forth in Section 12.10.110 JCC and therefore the Board of Jefferson County Commissioners should vacate said portion of said alley subject only to the compensation required by Section 12.10.120 JCC, RECOMMENDATION: It is hereby recommended that the Board of Jefferson County Commissioners vacate the southern half of a 15 foot wide, platted alley adjacent to Lots 20-27, Block 123 in the Plat of I rondale Division 5 as recorded in Volume 2 of Plats at page 135, Records of Jefferson County, Washington, situated in the NE quarter of Section 34, Township 30 North, Range 1 West, Willamette Meridian, ORDERED this 20th day of June, 2007, STEPHEN K. CAUSSEAUX, JR. Hearing Examiner 4- 1111111111111111111111 ~~~~r171 10/05/2007 12:53P ---.J.af..f.Brsan..--.C.aun.t>.J Allt"l ll='I='l='FRSON.S..oLltllI.Y.-Ii!OA RF_<;n_ .~__ After Recording Please Return to: JEFFERSON COUNTY PO BOX 2070 PORT TOWNSEND WA 98368 (WC#97007002) DOCUMENT TITLE RESOLUTION REFERENCE NUMBER(S) OF RELATED DOCUMENTS GRANTOR(S) (Last, First and Middle Initial) JEFFERSON COUNTY Additional Grantor(s) on page _ GRANTEE(S) (Last, First and Middle Initial) WEIDNER, Scott WEIDNER, Mia Additional Grantee(s) on page_ LEGAL DESCRIPTION (Abbreviated form. i.e. lot, bloCR, plat or section, township, range, quarter/quarter) South half of alley in BIR 123, Irondale No.5 Additional legal on page_ ASSESSOR'S PROPERTY TAlC PARCEL NUMBER(S) 962112311 962112308 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. EXHIBIT 1 COUNTY ROAD V ACA TION PETITION SCOTT and MIA WEIDNER, PETITIONER The request is to vacate that portion of the platted right-of-way known as the alley in Block 123 lrondale No.5, described as follows: That portion of the platted alley, being approximately 7.5 feet wide by 200 feet long, lying adjacent to Lots 20 through 27, in Block 123 of the plat of Irondale Division No.5, as recorded in Volume 2 of Plats at page 135, records of Jefferson County, Washington. Situated in the Northeast quarter of Section 34, Township 30 North, Range I West, WM. The principal petitioner states the following reason for requesting the road vacation: "We would like to .vacate the alley so we can position our house farther back from Prospect Avenue. Prospect is a very busy road that actually runs through our property. Approximately 7.5 feet by 100 feet of the alley has already been vacated by someone else.. Vacating the alley would give us more options for house plans and added peace of mind that our children would be farther away from a busy road." The petition has met the majority signature require!llents as outlined in RCW 36.87.020. Notice of and request for comments on the proposed vacation was made to appropriate agencies and adjacent property owners (APOs) by mail on March 13,2007. Responses by agencies appear under "AGENCY RESPONSES". Responses by property owners appear 1.Illder "TESTIMONY". A public hearing on the proposed vacation to be conducted by the Jefferson County Hearing Examiner is scheduled for Friday, June 8, 2007 at 2:00 p.m. in the First Floor Conference Room of the Jefferson C01.lllty Courthouse. Road vacations are exempt from SEPA, per WAC 197-l1-800(2)(h). Notices of Hearing: Notice made by mail to Adjacent Property Owners: March 13, 2007 Publication oflegal notice: May 30, 2007 and June 6, 2007 Notice posted at site by Department of Public Works: May 11, 2007 AGENCY RESPONSES 1. The Jefferson C01.lllty Engineer recommends approval of the vacation request. [Attachment B] 2. The Jefferson C01.lllty Department of Comm1.lllity Development recommends approval of the vacation request. [Attachment C] 3. The Jefferson C01.lllty Parks Advisory Board has no objection to approval of this request. [Attachment D] 4. Puget S01.llld Energy has no objections to this request. [Attachment E) 5. The Appraiser determined the value of the subject area to be $1,000. [Attachment F] 6. The following agencies made no response to this request: Jefferson County Assessor's Office. Jefferson County Central Services JEFFCOM East Jefferson Fire-Rescue (FPD#I) Jefferson County P.U.D. #1 Qwest Telephone Millennium Digital Media TESTIMONY No testimony was received on this request. ATTACHMENTS: A: Petition for Vacation submitted by Scott and Mia Weidner. B: Memo from County Engineer dated May 14, 2007 C: Memo from County Department of Community Development dated March 22, 2007 D: Minutes from Parks Advisory Board Meeting of May 2, 2007 E: Memo from Puget Sound Energy dated March 15, 2007 F Appraisal certificate G: Posting Notice Verification H: List of Adjoining Property Owners I: Assessor's & Vicinity Maps PETITION FOR VACATION OF A JEFFERSON COUNTY ROAD Principal Petitioner: SCOTT and MIA WEIDNER Authorized Representative: (Attach signed and notarized authorization) Mallin!!: Address: 2280 Towne Point Ave, Port Townsend W A 98368 Telephone: Home: 379-2767 Business: Request TO: The Board of County Commissioners of Jefferson County, Washington: We, the undersigned, being the owners of property adjoining the road as described in the following request, do hereby respectfully petition the Jefferson County Board of Commissioners for vacation of the following described road in Jefferson County: That entire length of the south half of the platted alley, being approximately 7.5 feet wide by 200 feet in length, lying adjacent to Lots 20 through 27, Block 123 in the plat of lrondale Division No.5, as recorded in Volume 2 of Plats at Page 135, records ofJefferson County, Washington. Situated in Section 34, Township 30 North, Range I West, W.M. State the reason for requesting the vacation: __Idf.._Jt.l2Y ,",E..__b.L~_]o__"y"IjY~__:rIlL_&~.f.{:.'L__f Q__fU.kf__c:..tkL____ -1?.12,f1_D.s:.r1___9 if I'e ___11." 'li.!!L___6.<JISIttf.&__...JJ..ti.f-1..~P.ff1_j:J.r l?<i' P,.Et,;:I: _..AJt.0::!.il./i_J?.JJ:.~PfJ::r.--.L.L---Ll----~f'~:'L---&.}:!}...Y..--..eP..L1l2.-.I1f..tJ:L_____ _tU.r..u.fLL':_L_&.(l.J::{f..__..J H,jC P..!Lr:eiL___Q-P.!!-..L?.6..<2.ef.f3_L'I.._________________ _tJ.c~.L[l7..f1E.",r-----'l:E._L{' EL__~ If.._l o.f2..ICZ~5:____Qf. __r1.LL_.Ll!...f.f.J. _jias__LLIdf{t4P..!L--e..f:.~~---l(..I.L~&r.!PL---g L____..2P-{I1~.fli::/L__f;,u..6 .._____ __1(& ~...17j.iL ~i.____..i.1iff___...I.1./,_,J:.L____hf..fl. t1.JJL____C~!.Y..!i ___1/..5 _~.P.&t!E______ _Q/?.1] o..t.:!...f...___.b.IL_-Li..Q.u.sf_q.,_L?.t.Lld~---Li.ttP..-'--...I.i?2J.:2.t:lL--.,g&.c.c..--QC- _illiA, D_____tiflt."'C.___p r.rg_____CIf..C.I:.I2E..~d.___V:.{Qv.."'.J2..__t5..L__.fLJ.t5!..:rff.. ~&.- _Ai"! r.1L_..fJJ.fl.LrL_.tl____EJ:!il..___JSQ/i.l2...___________________________ IHAiVK. Y'Pl// Attachment "A" 5e()a--~~ tt;;;d~ PETITIONERS NOTE: Adjoining property own~s of the MAJORITY OF FRONTAGE PROPERTY must sign this petition. Do not separate the signature page from the request on Page I. Husband and wife may each sign the petition. Please be sure to include parcel numbers and property descriptions. NAME (SIGN & PRINT below) MAILING ADDRESS PROPERTY DESCRIPTION and PARCEL NUMBER (from tax statement) , CJ62112.31\ ~ 962.\\2..308' VAeJ.\.NT LAND (Princi\i'] petitioner) ;2.2..ex::. T~ P+ ~ Ldtb.k-:.~/z..-=,....,.............. 7:1. ~:,v& Scott Weidner 3..................................................... 4..................................................... 5..................................................... 6.........................................,........... 7..................................................... 8..................................................... 9..................................................... 10.................................................... Acknowledl!JIlent The principal petitioner hereby acknowledges that: (a) Jefferson County shall require compensation by the principal petitioner(s) for granting approval of the petition, pursuant to R.C.W. 36.87.120 and Section 6 of the Jefferson County Road Vacation Ordinance. COMPENSATION FOR ALL VACATED RIGHT-OF-WAY SHALL BE DETERMINED AT A RATE OF FIFTY PERCENT (50%) OF THE APPRAISED VALUE OF THE VACATED PROPERTY; (b) Jefferson County may retain an easement within the subject vacated area for the construction, repair, and maintenance of public utilities and services, pursuant to R.C.W. 36.87.140 and Section 5 of the Jefferson County Road Vacation Ordinance; and/or (c) Jefferson County may retain an easement within the subject vacated area for trail or pathway purposes, pursuant to Section 5 of the Jefferson County Road Vacation Ordinance. The principal petitioner further acknowledges that he or she shall compensate the county for all expenses, in excess of the one hundred fifty dollar ($150.0 nd, .Oturred in the processing of said petition. Check or money order for said bond shall be made payable to Jefferson C ty Publi orks. ) ,~. 3. 20D7 Date Map Output Page 1 of! ArclMS HTML Viewer MaD FOR INFORMATIONAL PURPOSES ONLY -Jefferson County does not attest to the accuracy of the data contained herein and me o its correctness or yalidilv, Data contained in this mao is limited by the method and accuracy of its collection, Wed Jan 03 15:57: ,. I I) I ! 1 I , 'I ! i f ! ! i, , , , I 9U\~a.tZ ie2~~%:!~O 962:"i~2:301 AREA - RE:GlJE.5'rlrJb TO Vf\c_A'TE >---~___ _.___ I ---~ "..,-,.,,,.. -"-'-~"-'--"- ] I : : !I i i ) ----"\ 1!2:1U30f -- 9i2~tU1:t 96.a! tl3tia ! I ! ! I i } j I , I ~ w ~ w ::> g Q ;e i....-....~_ ve2n26" I i I L~__ ge1:Hi6"lv ! '~'-~,-"",.<-,..",,,,,..-- ~- ~~_.. ~-~=~"'~.<~~,=-."=- i ; l' 1 ~,,-->, --~-----<<--> PROSPECT Av _>_~>~_~___>_~____~_~_~~~,____>~~_~l~=_: L..-~-===------=---=-:i;6;(~'Z3'1-===~ 9N~U3OI- r~-~'-'--- I '-'-"'~---'-'-"-~----~--'.---'~-i I I I A 9I!!2:~'~ W1:~UOJ i r I I , , 'IJe,.C~ ~.U02: 'S62:~ ~.uo~ M_;tth':dtidttf~CCftl'lt(~Sw\'~GIti o 611' i I I j I I ~ w :; :g g Q "' ge2'i'1,ZYO'} http://maps.co.jefferson.wa.us/servlet/com.esri.esrimap.Esrimap?ServiceName=ovrnap_outside&ClientVer...1/3/20 JEFFERSON COUNTY DEPARTMENT OF PUBLIC WORKS P.O. Box 2070 623 Sheridan Street Port Townsend, WA 98368 (360) 385-9160 Frank Gifford, Public Walks Director Monte Reinders, P.E., County Engineer MEMORANDUM TO: Board of County Commissioners FROM: Monte Reinders, County Engineer JI.{ t. DATE: May 14, 2007 SUBJECT: Engineer's Report on request to vacate the south half of the alley in Block 123, Irondale No.5; Scott and Mia Weidner, petitioners In accordance with Ch 36.87 RCW, I have examined the above referenced right of way, and submit the following report. 1. The right-of-way requested for vacation was dedicated in the plat of Irondale Division No.5 which recorded on April 2, 1910, and therefore is not statutorily vacated under Chapter 36.87.090 RCW. The request is to vacate that portion of the platted alley, being approximately 7.5 feet wide by 200 feet long, lying adjacent to Lots 20 through 27, in Block 123 of the plat of Irondale Division No.5, as recorded in Volume 2 of Plats at page 135, records of Jefferson County, Washington. Situated in the Northeast quarter of Section 34, Township 30 North, Range I West, WM. 2. The right of way requested for vacation does not provide for area circulation or utilities. 3. The effectiveness of emergency services will not be impaired by this vacation. 4. The right of way does not abut a body of water. 5. The proposed vacation will not land lock any parcel of property. 6. The northerly half of the easterly half of this alley was vacated on March 21, 2005 by Board of County Commissioner's Resolution #21-05. 7. There is no current or anticipated future public need for the right of way to provide for the public road circulation network, nor for public access. The public may benefit by this vacation by reducing the County's liability for un-opened and un-maintained right of way. Attachment n[)n RllcycledPaper Enzineer's Report ~ paze 2 Petition to vacate a portion of alley in Block 123 lrondale No.5 RECOMMENDATION: Therefore, based on the foregoing Findings, the County Engineer recommends that the Board of County Commissioners approve this vacation request. JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street Port Townsend, WA 98368 AI Scalf, Director MEMORANDUM TO: Kelli Larson, Department of Public Works Michelle Farfan, Associate Planner, FHM Lead ~~ DATE: March 22, 2007 FROM: SUBJECT: Vacation Petition to vacate: that portion of the platted alley being approximately 7.5 feet wide by 200 feet long, lying adjacent to Lots 20-27 in Block 123 as recorded in the Plat of lrondale #5 within Section 34, Township 30 North, Range 1 West, WM PETTIONER: Scott & Mia Weidner The Jefferson County Department of Community Development has reviewed the proposal and submits the following information and comments: Background: 1. lrondale #5 was recorded on Apri12, 1910 under AFN 29795 Volume 2 Page 135. 2. The alley proposed to be vacated is located within Block 123 ofIrondale No.5. 3. The parcel lying directly north at the east end of the alley has a mobile home on parcel 962112307. The parcel directly north at the west end of the alley and both parcels directly to the south are vacant land. 4. County records identify that the petitioners own Lots 20-27 Block 123; Lots 28-33 Block 123 are owned by Li Li Mei Raiguel; and Lots 15-19 & portion vacated alley adjacent is owned by Jascha & Harmony Kozelisky. 4. The proposed alley vacation and surrounding parcels are designated/zoned as Rural Residential 1 :5 under the Jefferson County Comprehensive Land Use Map, effective August 28,1998. 5. Said alley lying in Block 123, GIS mapped elevations range from 144 feet at the western boundary to 152 feet at the eastern boundary. Attachment "e" Building Permits/Inspections (360) 379-4450 Long Ranae Planning FAX: (360) 379-4451 Development Review Division MEMO March 22, 2007 Page 2 6. Said alley lies just north of the future Tri-Area UGA. 7. An Environmentally Sensitive Area (ESA) review was conducted using the County GIS mapping system and the following mapped features exist either within the platted alley right-of-way or in the immediate vicinity: . SARP A aquifer recharge area . Coastal SIPZ Development Review Division Comments: . The Transportation Element of the Comprehensive Plan identifies a proposed on-road bike route on Prospect Avenue. (The proposed alley vacation would not be affected by on-road bike route). . Special Aquifer Recharge Protection Areas are critical aquifer recharge areas and are subject to protection regulations under Section 18.15.240(3) of the Jefferson County Code. Some land use activities are considered high impact and may be prohibited. . Although the specific ally associated with the vacation does not lie within the specified Airport Noise Overlay District, it is in close proximity. Per Section 3.6.11, Airport Essential Public Facility District identifies the "Airport Noise" area of influence. Proponent should be aware that "The property is near an airport where a variety of airport dependent uses occur that are not compatible with development. Potential discomforts or inconveniences may include, but are not limited to: noise, aircraft take-offs and landings." . Coast SIPZ requirements would not apply to the lots adjacent to that portion of the alley to be vacated, as PUD #1 water is available throughout the area. Recommendation: Based on the above findings and in the public interest, this Department supports the proposal and recommends the Hearing Examiner approve the requested alley vacation as previously described. FROM: Jefferson County Parks & Recreation Advisory Board TO: Jefferson County Department of Public Works RE: Vacation of public right of way DATE: May 2, 2007 Jefferson County Parks & Recreation Advisory Board has heard the request to vacate the following right of way: That portion of the platted alley, being approximately 7.5 feet wide by 200 feet long, lying adjacent to Lots 20 through 27, in Block 123 of the plat of Irondale Division No.5, asrecorded in Volume 2 of Plats at page 135, records of Jefferson County, Washington. Situated in the Northeast quarter of Section 34, Township 30 North, Range 1 West, WM. The following determination was made: e><5 This right of way has no significance to Parks and Recreation, therefore, J.C.P & R.A.B. has no objection to the approval of this vacation petition. ( ) This right of way may have significance to Parks and Recreation, therefore, J.C.P & R.A.B. tabled this request pending further discussion. ( ) This right of way has significance to Parks and Recreation, therefore, J.C.P & R.A.B. requests that this vacation petition be denied. ~ ro ollefson, Chair IC Parks & Recreation Advisory Board 7"").''''1- Date: Attachment "D" Page 1 of 1 Kelli Larson From: Ogg, Kitty [kitty.ogg@pse.com] Sent: Thursday, March 15,20075:49 PM To: Kelli Larson Subject: Vacate Request - Weidner - S 1/2 of Alley PugelSound Energy does not have any facilities within the alley. PSE.recommends approval of the Vacate. Attachment "L" 3116/2007 Olympus Appraisal LAND APPRAISAL REPORl FileNo. Case No. Map Reference JKPOf283 Borrower' Weidner, Scott Property Address xx N. DUQuesne Ave . City Port Townsend Legal Descnption South half of vacated aile Sale pnce $ Private Date of Sale Actual Real Estate Taxes $ NA (yr) . Lender/Client Scott Weidner Occupant Vacant RR MAP PG 9 Census Tract County JEFFERSON State north of tax arcels 962112311 and 962112308 NA Loan Term NA yrs. Property Rights Appraised X Fee Loan Charges to be paid by seller $ NA Other Sales Concessions None Address 2280 Towne Point Ave Port Townsend WA 98368 Donna J. Bauman. IFA Instructions toAppralser Easement Value WA Zip Code 9a36B- De Minimis PUD Appra~er Location Urban X Suburban Rural Buiit Up Over 75% X 25% to 75% Under 25% Employment Stability Growth Rate D Fully Dev. Rapid X Steady Slow Convenience to Employment Property Values Increasing X Slable Declining Convenience to Shopping Demand/Supply Shortage X In Balance Oversupply Convenience to Schools Marketing Time Under 3 Mos, X 4-6 Mos. Over 6 Mos. Adequacy of Public Transportation . Present Land Use~%1 Family ---1-%2-4 Family -L. % Apts--..!- % Condo-L- % Commercial Recreational Facilities . %Industrial 2 % Vacant % Adequacy of Utilities . Change In Present Land Use OONot Likely ---0 Likely(') D Taking Place (') Property of Compatibility C)Lrom To Protection from Detnmental Conditions Predominate Occupancy lxJ ONner Drenant % Vacant Police and Fire Protection Single Family Pnce Range $ 160,000 to$ 600.000 PredominantValue$ 253,000 General Appearance of Properties Single Family Age -9-- yrs to ~ yrs. Predominant Age 15 yrs Appeal to Mar1<et Good Avg. Fair Poor ~J X'] ~] xl ~j xl ~:j Comments including those factors, favorable or unfavorable, affecting marketability (e.g. public parks, schools, view, noise): See Comment Addendum Dimensions 7.5x200 = 1.500 Soft or .03 acre Comer L:ot Zoning Classification Rural Residential 1 OWer 5 acres Present Improvements D do IKJ do not conform to zoning "egulations Highest and best use X Present use Other (specify) Public Other (Descnbe) OFF SITE IMPROVEMENTS Topa Level Elec. ~ At Street Street Access IKJ Public D Pnvate Size Smaller than avera e Gas None Surlacs Asphalt Shape Rectangular Water At Street Maintenance [K] Public D Pnvate View Nei hborhood San, Sewe None Storm Sewer Curb/Gutter Drainage Appears Adeauate X Underground Elect. & Tel, Sidewalk StreelLl hts Is the properly located In a HUD IdentlftedSpecfal Flood Hazard Area? Lx No Yes Comments (favorable or unfavorable including any apparent adverse easements, encroachments or other adverse conditions): The subiect is a vacated aile easement off N. Du uesne Ave. The site is a roximatel 1.5' x 200' and has not been cleared or used in the lat. See comment addendum in the site section for more comments. The undersigned has recited three recent sales of properties most similar and proximate to subject and has considered these in the market analySis. The d~ption Includes a dollar adjustment reflecting market reaction to those items of significant vanation between the subject and comparable properties. If a s~nifloant nem In the comparable property is supenor to or more favorable than the subject property, a minus (-) adjustment is made thus reducing the indicated value of subject; If a significant it"" in the com arable is inferior to or less favorable than the sub act ro e a Ius + ad'ustment Is made thus increasin the indicated value of the sub'ect. SUBJECT PROPER COMPARABLE NO.1 COMPARABLE NO.2 COMPARABl.E NO.3 xx N. Duquesne Ave xxx 3rd St xxx Horton St xxx Georg", St Port Townsend WA 98368- Port Townsend Port Hadlock Port Hadlock Proximi to Sub ect 3.7 MI NNW 0.56 MI S 2.8 MI S;: Sales Price 1 000 1 500 Price! Data Source Date of Sale and Time A<fustment - Location SiteNiew To 0 fa h Easement e____ 2000 t MLS/Real Mar!;et Data DESCRIPTION 8/05 Suburban .44ac/Nei hborhd . LevellCleared Road Easement ~~"""- ~ --- AssessorlReal Market Data DESCRIPTiON 1/06 Suburban .10aclNel hborhd LevellBrush Small Lot Assessor/Real Market Data DESCRIPTION 5/05 Suburban .05ac/Nei hborhd Slo In lWeUBrush Small Lot DESCRIPTION NA Suburban ,03 aere/Nei hbor. levellBrush Vacated Aile -100 Sales or Financing Concessions Net Ad'. otal X Plus Minus 0 X Plus Minus $ 0 Indicated Value tJ~ti=O% ._____ Net':Q1L________ of Sub'ect Gross=O'/, 1 000 Gtoss=O% $ 1 500 Comments on Market Data Sale 1 is a small lot located at a dead~end street which is wooded/brush and hard to area which is an unbuildable lot. Sale 3 is a road ditch/5i n easement area and is an unbui1dable lot. Plus X Minus S Net=-50~&....____, ross=50IV" $ et to. Sale 21s a stee -1000 1000 wet Comments and Conditions of Appraisal: The sub'ect is a ortion of a vacated alle easement which is unbuildable and useable at this time. There is ve little value to this easement because of j 'S narrow size. Final Reconciliation: After inspection of the easement in auestion, it appears to be a level strip of land which runs parallel with ProsO€:lct Ave but is too narrow to be functional b it's self. The hi hest and best use would be to 'oin to the ad'acent lot to increase the lot size ~tld become a functional buildable fot. I ESTIMATE THE MARKET LUE,ASDEFINED, OF SUBJECT PROPERTY AS OF November 13. 2006 to be$ 1,000 V ReMew Appraiser (If applicable) Appra~er(s) J 0 Oid D Did Not Physically 6HnaJ, allmaO.IFi't Inspect Property Date Repart Signed November 14, 2006 Date Report Signed tate Certffication # 1700419 State ~ State Certification # o'1ate rStateUcense# Diaital Slanature State Or State License # :;tate Ex iration Dale of License or Certification 03/05/2008 Ex iration Oate of License or Certification Click FORMS Appraisal Software 800-622-8727 Page 1 of 11 Attachment "F" POSTING NOTICE VERIFICATION State of Washington } County of Jefferson } ss I, Will Butterfield, being duly sworn on oath say that I have posted two (2) copies of the following public notice on or near the site identified in the proposed vacation: PUBLIC NOTICE COUNTY ROAD VACATION PETITION PORTION OF THE ALLEY IN BLOCK 123, IRONDALE DIV 5 Notice is hereby given that a public hearing will be held by the Jefferson County Hearing Examiner on Friday, June 8, 2007 at 2:00 p.m. in the First Floor Conference Room at the Jefferson County Courthouse in Port Townsend, Washington, for the purpose of taking testimony concerning the vacation of that portion of the platted alley, being approximately 7.5 feet wide by 200 feet long, lying adjacent to Lots 20 through 27, in Block 123 of the plat of lrondale Division No.5, as recorded in Volume 2 of Plats at page 135, records of Jefferson County, Washington. Situated in the Northeast quarter of Section 34, Township 30 North, Range 1 West, WM., records of Jefferson County, Washington. Any person may appear and be heard. Written comments will be accepted and be made part of the record. For further information contact the Jefferson County Department of Public Works, telephone 385-9160. Written comments may be mailed to Public Works at P.O. Box 2070, Port Townsend, WA 98368. Jefferson County ensures full compliance with Title VI of the Civil rights Act of 1964 by prohibiting discrimination against any person on the basis of race, color, national origin or sex in the provision of benefits & services resulting from its federally assisted programs & activities. The meeting site is accessible to persons with disabilities and accommodations for people with disabilities can be arranged with advance notice by calling (360) 385-9160. These..\wo (2) notices were posted on the 11th day of May 2007, at the following location: At approximately the easterly and westerly ends of the subject alley /th- ~&ekb.lL\ S~~/07 Signature '----""" Date Will Butterfield, Right of Way Representative Subscribed and sworn to bef~""""'IIII" me on this l'tth day of ,s:.~'~ v.. LA~.s r/~ May, 2007. ~...,~ .............. O~ ~ SI.:' '..;0.00: iS~'" 01A"~ \ ~ :: i+ a~%:: =: I a_O\'ZOO : 0 :: ~d)\ ~;I-E ~ "'" " PUS\'" ,'0 ~ ~~.lr..'" ....~ ~ ~ '~ .......... ~' ~ ~/I" OF W~'<> ~\\~~ 11111111/1111\\\\\' ~ Signature. . Notary Public in and for eState of Washington, residing in Port Hadlock, Wash. Attachment "G" .... ~ {l .... 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'<l:U' _I _"ON" .....~~. ~~ 'J' 0; JI ~; , II Jr I' ! <I 00(' b . . $ .. " " ",' . n -" ~ ". ~ , " r"" $ " " " " ~ .. " " " ., " " " .. -<, " " " " << . ft M " " " . # L .. II: ::. ~ l- I- ii: " . " " " " . " . " '," '''' ,'" .... '.::' <>' ~ ~ :'" ,:; " ..., '" 't " .. n i, " . " " ~ " " .. n " . " " " " ~ .. '( " . . " .. Or .. " , I , . " " .. .. , , , , , I , , " " ~: .' .' ., :, ': , , !~~'; :' r:'sT~ {.~, ,....~-~us, ~3IA~~ : . t . . ( L'. 2: ~ l" ~:;-:.Z'/,R.Ni--I.iJr- -.~.~-- 0 '."'-u_ uf.___ ~i}';:i;!..t'.V",t-..-~,,~..,S'_.L~--_'!N..- n..!~'-_ . , , , ", '. . " " ,- " " :' , , ~ , .~..,-.: .. . ~: .,. .. ':: _'L __ ':flr - - ";,,..: -, " ri .. " " , , . s . c .. ~ .. " " .. " " .. " , . , , r " .. " .. .. " " ~ .. . , , so " " , " ~ '~ " . . , . " ~ .,~ . 1- ,'r" .:. " b....) , '''''i~ ~. , S;fi k'l ; 1.\-~/7 Attachment "I" Department of Public Works o Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request From: Board of Commissioners John F. Fischbach, County Administrator Frank Gifford, Public Works Director ~6)-!1 October 1, 2007 To: Agenda Date: Subject: Road Vacation Resolution, Block 123 Irondale Scott and Mia Weidner, Petitioners Statement of Issue: This is a Road Vacation petition submitted by Scott and Mia Weidner for vacation of the south half of the platted alley in Block 123, Irondale Division 5 which is adjacent to their property (see attached diagram). This road vacation was heard before the Jefferson County Hearing Examiner on June 8, 2007 and his report and recommendation for approval of this vacation request is attached. Analysis/Strategic Goals/Pro's & Con's: The Board is to consider the Hearing Examiner's Report and Recommendation (Exhibit A together with Attachments A through I of the staff report), including the report and recommendation of the County Engineer and resolve to either accept or deny the petition for vacation in accordance with the Jefferson County Road Vacation Ordinance #05-924-01. No testimony has been received for this vacation and the Board may, at its discretion, take testimony at this time. FiscallmpactlCost Benefit Analysis: There is no fiscal impact as this is an un-opened and un-maintained right of way that is not needed for area circulation. Recommendation: The Hearing Examiner recommends approval of the request and the petitioner has met the compensation requirement and paid all fees. The County Engineer recommends that the Board approve the request by signing the attached resolution. Reviewed By: 1-.~ Date 1/21./0 7 , ..