Showing posts with label road vacations. Show all posts
Showing posts with label road vacations. Show all posts

Sunday, February 3, 2008

County Commissioners' 1/28/08 hearing - 2/2/08

This update is to cover the three Illahee items that were discussed at the January 28, 2008 Board of County Commissioner's meeting.

General. There were a number of Illahee residents at last Monday's Commissioner's meeting. However, the major issue and primary interest of many in attendance were the two resolutions changing the fees charged by the Department of Community Development (DCD). Those presentations and the ensuing public comment sessions were interesting, but long.

Illahee Community Plan. The Commissioners next heard a presentation on the Comp Plan Amendment resolution that included a line item to "review and update the Illahee Community Plan." We noted during the public hearing time that the reason the plan was before them was because of our initial questionnaire in which we asked residents if they wanted to be part of Bremerton, or Silverdale, or if they would like to develop a community plan. We noted the questionnaire results; which were 4 for Bremerton, 9 for Silverdale, and 234 for a community plan.

Tax Title Land Petitions. Later on in the meeting was the carryover of the Smith/Peacock tax title land petition. The Commissioners voted in favor of the petition without taking any public testimony. We heard afterwards that there were citizens who rearranged their schedules so they could attend and comment at what they thought would be a public hearing, based on our update which indicated the hearing was "continued" because Dwayne Peacock was on vacation during the 1/14/08 hearing. We are sorry for the confusion, though we thought, and still think, the hearing on the Peacock issue was "continued," and that there should have been an opportunity for public comment, prior to them making a decision. It will be interesting to see if the Commissioners are aware that a number of people are upset in Illahee (assuming they read the updates), and if so, will they do anything about it.

Resolution Regarding Certain Petitions and Community Plans. The last item on the agenda was a resolution to not accept road vacation and tax title land petitions in Illahee, Kingston, and Hansville until their respective community plans are approved. The resolution passed and it will now be up to these communities to figure out how to handle these issues and where to insert this information into their plans.

Our Reporting Dilemma. We were slow in putting this update out because we didn't know how, or if, to report on what we perceived of as the lack of a public hearing for the Peacock petition. Some have said it could be counterproductive to mention this issue. Others have asked us to report things as they happen, both the good and the not-so-good. Because others in attendance also thought the public process had not been followed, we decided to report it in this update.

Our Blog. Let us know your thoughts via this blog site (which is an opportunity for anyone to respond). Simply click on "comment" at the bottom. You can respond using your email name, or a nickname, or as "anonymous." Let us know if you have any questions on how to use the blog.

Jim Aho

Saturday, January 26, 2008

County Commissioners Jan 28th Meeting - 1/25/08

Commissioner's Monday Meeting. Two Illahee related items will be discussed at Monday's Jan 28th Board of County Commissioner's (BOCC) meeting beginning at 7 pm. (Also, some of you will be receiving this email twice as this is being sent out to the CAG email list after being sent to the general email list.)

Item #1 -- Illahee Community Plan. The Illahee Community Plan will be discussed as part of a resolution to amend the Kitsap County Comprehensive Plan. The resolution allows the Illahee Community Plan to be reviewed and updated by Kitsap County planners in 2008. It is important to have community members attend, thus showing our interest and appreciation to the county for considering our plan.

Illahee Plan Opponents. This is a hard paragraph to write. We were told a community plan such as ours will likely have opponents. We have tried to accommodate everyone over the last two plus years and have been able to work out nearly all concerns. And so we were surprised at the last BOCC meeting (1/14/08) to hear someone tell the the Commissioners the Illahee Community Plan was developed by "special interest" groups and suggested that it should be worked on by a county group rather than the Illahee community. We had a Citizens Advisory Group (CAG) of nearly 100 from throughout Illahee and used questionnaires and written responses to insure broad input and to try and avoid these type of accusations. We are writing this so you won't be surprised, like we were, if there is some opposition at the meeting.

Plan Schedule. Because our plan was modeled after the Manchester plan, the review process should be quicker. The goal was not to "reinvent the wheel" but to use what has been successful in other communities. Hopefully the county public review process will simply involve reviewing, editing, and revising as necessary. We would like to have the final draft complete by the beginning of summer.

Wednesday's BOCC Work/Study Session. The Illahee Community Plan was discussed at the Commissioner's Work/Study session on Wednesday morning (1/23/08) which was attended by Irwin and Judith Krigsman. Their notes of the meeting are provided below:


  • James Weaver and Scott Diener briefed the Illahee Community Plan and stated it would be the DCD's top priority for 2008.
  • A listing of staff comments and corrections to the Illahee Community Plan was distributed.
  • Red Flags: lot aggregation, view protection, tree protection, Bremerton annexation of Illahee in the future.
  • DCD doesn't want to get involved with view protection because DCD doesn't have the staff to enforce nor do they want to be involved with that. Weaver said that this should be handled between neighbor to neighbor.
  • The Illahee plan appears to have been modeled from a LAMIRD (limited area of more intense rural development) which is a rural designation. Illahee is in a UGA and thus that model doesn't apply since Illahee isn't designated as rural.
  • Density is an issue: 4 units per acre vs. 5 units per acre.
  • Work is needed on transportation and capital facilities sections and shoreline management.
  • Growth management act requires sewers throughout UGAs.
  • Minimum lot size: not consistent between sections of the plan.
  • Concerns about legacy lots, unvacated roadways and tax title strips and unopened rights of way. One suggestion was to give the tax title strips to adjacent owners to increase setbacks and not vacate roadways.
  • The bulk of the plan is very good and should be able to be finalized in 2008.
  • Commissioner Bauer wanted to know which parts of the plan have legal requirements and are not negotiable and which are only opinions raised by the planning staff but conflicted with the community's desires. Which portions of the plan are "like to's" vs. "have to's".
  • Shelly Kneip, deputy prosecutor's office, was present and said that she had reviewed the plan and her comments were incorporated into the staff's comment document. Commissioner Bauer wanted to see her legal notes.
  • Illahee uniquely has more park land and open space and critical areas than any of the other community plans. Also there are issues related to aquifer recharge areas.
  • Meetings about the plan should include the City of Bremerton representatives because of the annexation interests. Illahee is in the Bremerton UGA.
  • Confusion expressed about the Illahee Community boundary lines since part of the map includes a portion of the City of Bremerton.
  • No comments were received from the Parks Dept as yet. Letters were sent to the parks Dept on 9/21/07 and 12/23/07. Other county depts. did review and comment.
  • Kick of for the plan is February – March 2008. Bi-weekly meeting were suggested and will be coordinated by planner Katrina Knutson. Knutson was the planner involved with the Manchester plan. Completion date targeted for May or early June.
  • Commissioners and staff are pleased with the draft plan as submitted, realizing that the concerns raised by the staff are resolvable. They also said that the efforts of the community in writing the plan did save the county money in staff time and materials.
  • The commissioners expressed appreciation for the efforts of the community and appear to be supportive.

Item #2 -- Smith/Peacock petition for sale of tax title lands portion along Fern Ave right-of-way. The discussion for this item was held over from the last board meeting to allow Dwayne Peacock an opportunity to testify.

Meeting Schedule. The Comprehensive Plan resolution, which includes the Illahee Community Plan, will be discussed early on in the meeting along with opportunities for people to briefly comment (limited to 3 minutes). The Smith/Peacock petition is scheduled to be discussed later in the meeting.

Dennis Sheeran & Jim Aho

PS The illaheecommunity.com website is being continually updated and residents are encouraged to use the blog site so all can see any input on these updates.

Road Vacation Resolution - 1/26/08

Another item of interest at the Board of County Commissioners (BOCC) meeting on Monday evening (1/28/08) is the attached road vacation resolution.

The resolution states the county will not accept petitions for road vacations or sale of tax title lands until the Illahee, Kingston, and Hansville community plans are completed and adopted. This is the last item on the evening's agenda, just before the final opportunity for the public to address the board, so it could be after 9 pm. (The agenda for the meeting can be accessed on line at kitsapgov.com. From there go to the panel on the right and select Commissioner Agendas, and then select Jan 28, and you will have the entire meeting agenda.)

For any of you who have not seen your county government in action, this might be a good meeting to attend, as several Illahee issues will be discussed.

The meetings are held in the new Administration Building where there is ample and comfortable seating, not to mention plenty of parking. The meetings are now held in the evening beginning at 7 pm so more citizens can attend.

Jim Aho

Sunday, January 20, 2008

County Road Vacation Policies - 1/20/08

The Promise We promised to provide further information regarding regarding road vacations and sale of tax title strips.

Complex Issues We found these to be rather complex issues and can only provide some basic information in the space we have available. More information can be found at the county and state websites.

40 Foot Road Right-of Ways and 10 Foot Tax Title Strips Many residents in the historic section of Illahee have a 10 foot wide tax title strip of land abutting their road right-of-way. When historic Illahee was platted the roads were 40 feet in width. Subsequently 60 foot right-of-ways became the standard, so whenever the opportunity presented itself, an extra 10 feet of land was added to each side of the road right-of-way to obtain the standard 60 feet of width.

Two Land Classifications - Road Easements and Tax Title Land This means many may have 60 feet of county property in front of their lots that consists of a 40 foot wide county owned road easement and the possibility of a 10 foot wide county owned tax title strips of land on each side of the road easement. (Note: We are trying to obtain this information for our illaheecommunity.com website.)

The Vacation Process We have areas in Illahee where no roads have been built on these lands, and the adjacent landowners are asking that they be declared excess property and be "vacated," so they can purchase them. By state law and county code, anyone who desires to, can submit a petition or make a request to the county to acquire these lands. The request then goes to the Board of County Commissioners (BOCC) at a public hearing to determine if the land is of no present or future use to the citizens of Kitsap County, or departments or agencies of Kitsap County. Those were the hearings that occurred on 12/17/07 and 1/14/08, and will occur on 1/28/08.

County Policies In determining whether the land is "of present or future use" to the citizens or the county, the criteria has been specified in County Policy Numbers PW 2470 (Road Vacations) and PW 2475 (Tax Title Land) as follows:

2.1.1 Legitimate public uses may include but are not limited to:
• public roads
• public utility easements
• trails
• parks
• buffers between land uses
• wildlife habitat (including riparian corridors)
• wetlands
• steep slopes
• floodplains
• drainage ways
• view corridors used by the general public
• shoreline access
• and management of any of these uses.


Additional Requested Use Item The Illahee Forest Preserve recently requested "bio-infiltration swales" (a low impact development application for controlling storm water) be added to the list of legitimate public uses for road right-of-ways and tax title strips, based on a recommended storm water solution for a problem area along Illahee Creek (from a National Fish and Wildlife Foundation grant).

1916 Plat Dedication Wording We have been asked to include the wording on the original 1916 Plat of Illahee, which is now the area referred to as "historic" Illahee. The pertinent words from the Suquamish Land Company are that they "....hereby dedicate to the use of the public forever all streets, avenues, boulevards and places, ..." They did not elaborate what the "use of the public" should be.

Jim Aho

As always, we welcome your comments.

Tuesday, January 15, 2008

County's Road Vacation Decision - 1-15-08

Road Vacation "Hot Potato" Thrown Back to Illahee Community Plan

On Monday evening, the County Commissioners tossed the proverbial "hot potato" of road vacations, into the lap of those working on the Illahee Community Plan.

As we said in an earlier update, road vacations are extremely sensitive issues, and the ones in Illahee are proving to be no exception to the rule.

There are three landowners filing two petitions (which complicates the issues) at different times (which further complicates proceedings), which started out being heard on 12/17/07, and then again on 1/14/08, and now again on 1/28/08.

We are trying to get copies of the county's rules and procedures for road vacations, along with any relevant state RCW's, so we can pass them on as it appears this issue is not going to go away.

Neither the Illahee Community Citizens Advisory Group (CAG), nor the Illahee Community Club, took a stance on these two (or three?) road vacations. Every effort has been made to make sure we try to do the will of the majority of citizens, and until the road vacation issues came up, it seemed nearly everyone in the community was supportive. We have heard that road vacations can polarize a community, and we hope it doesn't happen in Illahee.

The decision of the board, as we heard it, was to deny the Woodworth's petitions, and the road vacation portion of the Smith/Peacock petition, (with the understanding that the Illahee Community Plan would be take up these issues), and to continue the Smith/Peacock tax title strip discussion to the next board meeting on 1/28/08, when Mr. Peacock would be in town.

This is not something we asked for, nor necessarily want, but is another issue we will have to deal with.

We welcome your comments.

Dennis Sheeran & Jim Aho

Tuesday, January 8, 2008

2nd Walk-Thru Scheduled for Sat 1/12

This is an update on the "road vacation" hearing scheduled for Monday, January 14, 2008.

First of all, some have asked what a "road vacation" is. Briefly, as we understand it, the county has a number of platted roads and right-of-ways, normally 60 feet in width, that are not currently being used for roads or other purposes. We have some in Illahee. Adjoining property owners can propose to buy these properties once the road is declared excess (the road use being vacated). The primary benefit to the county is the added tax revenue. The proposed vacation and purchase must go through a public notification process so the community can respond, and thus the past and upcoming hearings before the County Commissioners. In these two cases the community seems to be saying that while these areas may never be used for roads, they may be used for other purposes, such as future pedestrian paths, and therefore should not be vacated.

We heard from a number of residents who cannot attend the walk through of these county properties on Wednesday because they are working or busy, and suggested a second walk through. We have therefore scheduled another one for Saturday (1/12/08) at 11 am.

We also heard that the two Illahee road vacations were discussed at the County Administrator's Briefing session on Monday afternoon, and we are waiting to hear if those discussions will affect Monday's agenda.

Jim Aho

Monday, January 7, 2008

Road Vacation Walk-Thru - 1/7/08

There is a second Illahee road vacation hearing coming up on January 14, 2008; the first was held on December 17, 2007.

Walk Thru In order for residents to better understand the two road vacation proposals we are walking through both areas on Wednesday.

Past Hearing The first road vacation hearing was the Woodworth proposal on the 17th of December 2007. The hearing was well attended by Illahee residents and Illahee groups who were not in favor of the road vacation. The County Commissioners will likely decide the issue at their January 14, 2008 meeting. The county hearing notice sign is still up along Hardt Ave off of Roosevelt if you want to check out the area.

Upcoming Hearing The second road vacation hearing is the Smith/Peacock proposal which is scheduled to come before the Commissioners on January 14, 2008. There is a county hearing notice sign up on Fern Ave off of Roosevelt.

Details We will meet at 11 am on Wednesday (1/9/08) at Hardt Ave off of Roosevelt to walk through the area. We recommend hiking shoes because we will traverse the ravine and then walk north up a short, but relatively steep slope, to the county property being proposed for vacation by the Woodworths. From there we will walk east down Dock Street for a block to Fern Ave and go south through the county property being proposed for vacation by Smith & Peacock, which will require going down and up the ravine and then back to Roosevelt. The walk is a short round trip, but because of the ravine (the corridor that local residents say the wildlife use) has some fairly steep slopes, you should be able to walk up and down the slopes if you want to walk with us. For those who would rather not walk the slopes, we will explain the issues along Hardt Ave (Roosevelt side) as we begin our walk, and then again on Fern Ave (Roosevelt side) as we conclude our walk. That way you will be able to see and understand the issues without having to walk up unpathed areas. It should only take about 20-30 minutes, unless there are lots of questions.

Questions? Jim walked the area on Monday (1/7/08) so if you have any questions regarding any of the walk through details, call Jim Aho at 479-1049.

Dennis Sheeran & Jim Aho

PS We have been asked to attach a letter that was written to the Commissioners after the first hearing, which helps describe the sensitivity of these road vacation issues.

Dear Commissioners,

I cannot tell you how outraged I am by your apparent flip-flop on the issue of the Woodworth road vacation. To allow yourselves to be swayed by the inappropriate, emotional appeal of Commissioner Angel and completely disregard all of the facts and statements presented by the residents of our Illahee neighborhood, the Illahee Preserve Stewardship Committee, the Port of Illahee Commissioner, and your own County Parks Department is both startling and disappointing.

I am also quite concerned about what may have been major breaches of both parliamentary procedure and county meeting protocol. I do not profess to know either system well, but it seems to me that, after public comment is closed, there should be no further comment from the public. In this case, that would be from Mr. Woodworth. It seemed rude and inappropriate for Commissioner Angel to deliberately address a question to Mr. Woodworth, after the close of public comment, and not allow others to refute his statements or add additional opinions to the record. The motion to deny the vacation petition had already been made and seconded. At that point, discussion of the motion between the Commissioners was called for. That discussion between the three of you should then have been followed by a vote. Instead, Commissioner Angel stepped out of bounds, showed favoritism for the Woodworths, and essentially tainted what, to that point, had been a well-managed public hearing. Her behavior was bad enough. But to have the two of you blindly fall into the trap she set and so quickly reverse your initial opinions leaves me wondering who we can depend on to help preserve what is left of Illahee, in particular, and Kitsap County, in general.

There is also an obvious problem with Molly Foster's involvement in this situation. She has brazenly sided with the Woodworths throughout this process. Is she not supposed to be an unbiased, neutral county employee charged with compiling information and fairly representing all sides in this issue? Apparently she is not aware of that. Her behavior after the meeting is a prime example. We were all in the lobby of the building after leaving the board room. Did Molly make an effort to talk to any of us about what the next step in the process would be or give her opinion of how the meeting went or offer any suggestions on what we might do to clarify our positions in time for the January meeting? Absolutely not. She spent an extraordinary amount of time talking and laughing with the Woodworths. Might I suggest that someone talk to her and tell her to at least have the courtesy to hide her biases when she is in public view.

As you both are well aware, there are many of us in the Illahee Community who work hard everyday to participate in community functions, to be aware of what is happening in our area, to make our voices heard, to protect our neighborhood, and to appreciate the privilege we have of living in such a beautiful area. We have shown that we have the courage to educate ourselves about community issues, to take a stand, and to stick with it. We had hoped that the Commissioners, particularly the Commissioner that represents our area, would show the same courage. You failed us completely. Teresa Jones