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HomeMy WebLinkAbout053 09 ST ATE OF WASHINGTON COUNTY OF JEFFERSON In the matter of } } } RESOLUTION NO. 53-09 The vacation of a portion Platted Patison Street, WHEREAS, the Jefferson County Board of Commissioners has reviewed a road vacation petition submitted by Joyce Murphy; and WHEREAS, the Jefferson County Hearing Examiner held a public hearing on the road vacation petition on August 25, 2009; 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 right of way 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 September 9, 2009. NOW, THEREFORE BE IT RESOLVED that the following be vacated and abandoned pursuant to RCW 36.87.140 and Jefferson County Code 12,10: All that portion of unopened Patison Street as platted in Seventh Avenue Acre Tracts, recorded under Volume 2 of Long Plats Page 127, records of Jefferson County, lying westerly of any portion of SR 19 (also known as Rhody Drive) and also lying westerly of the West line of Lot 144 in said plat extended to the North line of Patison Street and easterly of the East margin of 10th A venue; said portion of Patiscn Street being approximately 50 feet in width and 450 feet in length, less any State right-of-way for State Route 19. All situated in Section 3, Township 29 North, Range 1 West, W.M., records of Jefferson County, Washington. This vacation affects parcel numbers: 994200029 & 994200031. ,& ADOPTED THIS c<. g DAY OF September, 2009 Jo ,,., Erin Lundgren Deputy Clerk of the Board JEFFERSON COUNTY Department of Public Works The request is to vacate that portion of Patison Street described as follows: All that portion of unopened Patison Street as platted in Seventh A venue Acre Tracts, recorded under Volume 2 of Long Plals Page 127, records of Jefferson County, lying westerly of any portion of SR 19 (also known as Rhody Drive) and also lying westerly of the West line of Lot ]44 in said plat extended to the North line of Patison Street and easterly of the East margin of 10th A venue; said portion of Patison Street being approximately 50 feet in width and 450 feet in length, less any State right-of-way for State Route 19. All situated in Section 3, Township 29 North, Range 1 West, W.M. OFFICE OF THE HEARING EXAMINER 1 0 ( , JEFFERSON COUNTY , ~--_.- REPORT AND DECISION H - "i.i C ",.;,'~ __._~_J:.~ _~;_~__.:.~L~:~__.-J CASE NO.: VACATION OF A PORTION OF PATISON STREET PETITIONER: Dr. Joyce Murphy P.O. Box 1605 Port Hadlock, WA 98339 SUMMARY OF REQUEST: All that portion of unopened Patison Street as platted in Seventh Avenue Acre Tracts, recorded under Volume 2 of Long Plats Page 127, records of Jefferson County, lying westerly of any portion of SR 19 (also known as Rhody Drive) and also lying westerly of the West line of Lot 144 in said plat extended to the North line of Palison Street and easterly of the East margin of 10th Avenue; said portion of Patison Street being approximately 50 feet in width and 450 feet in length, less any State right-of-way for State Route 19. SUMMARY OF DECISION: It is hereby recommended that the Board of Jefferson County Commissioners vacate the portion of Patison Street measuring 50 feet in width and 450 feet in length extending between SR-19 and 10th Avenue as recorded under Volume 2 of Long Plats Page 27 Records of Jefferson County. 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 August 25, 2009, at 2:00 p.m. Parties wishing to testify were sworn in by the Examiner. The following exhibits were submitted and made a part of the record as follows: SEE ATTACHED INDEX LIST 1- WILL BUTTERFIELD, right-of-way representative from the Jefferson County Public Works Department, appeared and testified that the petitioner owns all of the abutting parcels and has met the signature requirements for a vacation petition. The request is exempt from SEPA and the County provided proper notice. The appraiser determined a fair market value of $8,800. Quimper Credit Union wrote a letter confirming that it had no objection to the vacation. The Rhody Drive LLC sent an email also supporting the road vacation. MICHAEL ANDERSON appeared on behalf of the request and testified that he represents the applicant. He has reviewed the DCD staff report, agrees with its contents, and also agrees with the valuation of the property. He concurs with everything in the staff report. DR. JOYCE MURPHY appeared and also confirmed that she agrees with the staff report. The appraiser had a difficult time determining the value of the right-of-way. However, she accepts the valuation. 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 heard testimony, admitted documentary evidence into the record, and taken this matter under advisement. 2. This request is exempt from review under SEPA. 3. Appropriate notice was provided pursuant to the Jefferson County Code. 4. The petitioner, Dr. Joyce Murphy, and Virginia Johnson have a possessory ownership interest in six parcels of property abutting both sides of the unopened Patison Street right-of-way located south of the intersection of SR-19 and lrondale Road in unincorporated Jefferson County. The parcels extend along both sides of the unopened Patison Street between SR-19 and the unopened 1 Ottl Avenue right- of-way to the west. 5. Patison Street and the applicant's lots were platted as part of the Seventh Avenue Acre Tracts recorded under Volume 2 of Long Plats, Page 127, records of Jefferson County, lying westerly of any portion of SR-19 and westerly of the west line of lot 144. The unopened Patison Street measures approximately 50 feet in width and 450 feet in length. Upon vacation the petitioners will acquire ownership of the entire 2- right-of-way. Petitioner requests the Board of Jefferson County Commissioner's to vacate the entire length and width of said road as set forth above. Petitioner understand that she must provide easement access to interior lots from SR-19 as such would become landlocked upon vacation. Petitioner has shown the abiljtyto do so, and any easements would extend solely across property owned by Murphy and Johnson. 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 JCC 12.10.110, and provide a written recommendation to the Board of Jefferson County Commissioners to either grant or deny the petition along with any recommended conditions of approval. Findings on each applicable criteria set forth in JCC 12.10.110 are hereby made as follows: A. Based upon the recommendations of approval from County departments, the proposed road vacation complies with the Jefferson County Comprehensive Plan and applicable plans, policies, and ordinances. The Department of Community Development has reviewed the request and found the vacation in compliance with the Transportation Element of the comprehensive plan. B. The unopened right-of-way has not served as a means of providing area circulation. The vacation will have no impact on any abutting parcel since all parcels will either have access from a State highway or County right-of-way or via an easement provided by the petitioner and Virginia Johnson. C. Fire Protection District NO.1 received notice of the vacation, but provided no response. The lack of response means that the vacation will not impair the effectiveness of fire, medical, law enforcement, or other emergency services. D. The unopened right-of-way does not presently serve as a utility corridor, and neither Public Works nor the Department of Community Development recommends retention of utility easements. Furthermore, Puget Sound Energy advises that it has no facilities within Patison Road and does not object to the vacation request. E. The vacated right-of-way cannot effectively be used for a trail or pathway since it terminates at the unopened 10th Avenue, 450 feet west of SR-19. The County's Master Plan of Streets does not include Patison Road, although the Transportation Element ofthe comprehensive plan identifies an existing on-road bike route along SR-19. Vacation of Patison Street will not impact said bicycle route. Furthermore, the Jefferson County Parks and Recreation Advisory Board has determined that the right-of-way has no significance to parks and recreation and therefore does not object to the vacation petition. 3- 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. The zoning for the road and abutting parcels is "Rural Village Center". G. The proposed vacation will not affect access to any parcel of property as all parcels either abut County rights-of-way or may receive easement access from the petitioner. CONCLUSIONS: 1. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. 2. The request to vacate a 50 foot wide, 450 foot long section of Patison Street extending between SR-19 and 10th Avenue, adjacent to lots 145,146,147,151, 152, and 153 of the plat of Seventh Avenue Acre Tracts satisfies all criteria set forth in JCC 12.10.110. Therefore the Board of Jefferson County Commissioners should vacate said alley subject only to the compensation required by JCC 12.10.120. RECOMMENDATION: It is hereby recommended that the Board of Jefferson County Commissioners vacate the portion of Patison Street measuring 50 feet in width and 450 feet in length extending between SR-19 and 10th Avenue as recorded under Volume 2 of Long Plats, Page 27, Records of Jefferson County. RECOMMENDED !h;, 9. day of sePtemb~~ C STEPHEN K. CAUSSEAUX, JR. Hearing Examiner 4- ~' '\ Jefferson County Department of Public Works, 623 Sheridan St. Port Townsend, WA 98368 (360) 385-9160 Frank Gifford, Public Works Director Monte Reinders, PE, County Engineer MEMORANDUM TO: Board of County Commissioners Jefferson County Hearing Examiner FROM: Monte Reinders, P.E., County Engineer ;rf& DATE: August 4,2009 SUBJECT: Petition to vacate a portion of Pat is on St.lying westerly ofSR19, Petitioner Joyce Murphy, Project No. 97009001 In accordance with Ch 36.87 RCW, I have examined the above referenced right of way, and submit the following report. FINDINGS I. The request is to vacate: All that portion of unopened Patison Street as platted in Seventh Avenue Acre Tracts, recorded under Volume 2 of Long Plats Page 127; records of Jefferson County, lying westerly of any portion ofSR 19 (also known as Rhody Drive) and also lying westerly of the West line of Lot 144 in said plat extended to the North line of Patison Street and easterly of the East margin of 10th Avenue; said portion ofPatison Street being approximately 50 feet in width and 450 feet in length, less any State right-of-way for State Route 19. All situated in Section 3, Township 29 North, Range I West, W.M. The right of way requested for vacation was dedicated in the plat of Seventh A venue Acre Tracts and recorded on September I, 1909, and therefore is not statutorily vacated under Chapter 36.87.090 RCW (it was platted after March 12, 1904). Special note should be made that the original platted spelling is Pattison Street but present day county mapping indicates spelling as Patison Street. Please refer to attached map. 2. The platted unopened right of way requested for vacation is not developed and does not provide for area circulation or utilities and no public expenditures have been made in the acquisition or improvements to the subject area. Attachment "5" nUl Engineer's Report - Page 2 Road Vacation for a portion of Patison Street *************** 3. " The effectiveness of emergency services will not be impaired by this vacation. 4. The right of way does not abut a body of salt or fresh water (See RCW 36.87.130). 5. All property abutting the area proposed for vacation, consisting of lots 145, 146, 147, 151, 152, &153, is owned by the petitioner. The petitioner is aware that alternate access easements would need to be provided to several of these lots if they were sold individually. The petitioner has provided adequate acknowledgement ofthis issue and assurance that access would be provided via easements, for which the petitioner has provided samples, should the need arise. This vacation allows the petitioner flexibility in developing this property and the ability to design future accesses in conjunction with other property improvements (buildings, septic, etc.). 6. Other parcels in the vicinity potentially served by this right-of-way have opportunities for equal or better access either by way of the lrf' Avenue right of way or directly off of SR-19. 7. The public may benefit by this vacation by reducing the County's liability for un-opened and un-maintained right of way. 8. The public may benefit by this vacation in that the addition of this area to the adjacent properties will enhance the ability for development and thus provide additional tax revenue to the County. RECOMMENDATION Therefore, based on the foregoing Findings, and provided no contrary testimony or new findings are presented at the hearing, the County Engineer recommends that the Board of County Commissioners approve this vacation request. Department of Public Works o Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request From: Board of Commissioners Philip Morley, County Administrator Frank Gifford, Public Works Director ;;1-r;;;!J To: Agenda Date: September 28, 2009 Subject: Patison Street, Road Vacation Joyce Murphy, Petitioner Statement of Issue: The Board is asked to consider the Hearing Examiner's Report and Decision (attached) pertaining to a petition to vacate all that portion of unopened Patison Street as platted in Seventh Avenue Acre Tracts, recorded under Volume 2 of Long Plats Page 127, records of Jefferson County, lying westerly of any portion of SR 19 (also known as Rhody Drive) and also lying westerly of the West line of Lot 144 in said plat extended to the North line of Patison Street and easterly of the East margin of 10th Avenue; said portion of Patison Street being approximately 50 feet in width and 450 feet in length, less any State right-of-way for State Route 19. All situated in Section 3, Township 29 North, Range 1 West, W.M. This vacation affects parcel numbers: 994200029 8: 994200031 as shown on the attached diagram. Analysis/Strategic Goals/Pro's 8: Con's: This road vacation petition was heard before the Jefferson County Hearing Examiner on August 25, 2009. Based upon the recommendation contained in the County Engineer's report (attached) as well as testimony gathered for the hearing from other departments, agencies, and individuals, the Hearing Examiner has recommended that the vacation be approved without conditions. Fiscal Impact/Cost 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: Department of Public Works recommends that the Board approve the request to vacate the subject portion of right-of.way by signing the attached Resolution. The petitioner has met the compensation requirement and paid all fees. Department Contact: Monte Reinders, County Engineer, 385.9242 Reviewed By: . . trator ~~7 Date