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HomeMy WebLinkAboutPublic Hearing - BOCC (002)Open Record Public Hearing Franz Short Plat—Vacation (Continued from 10/4/22) October 11, 2022 3:30 p.m. In Attendance: Danny E. Stone, Chair Rob Jones, Vice -Chair Barbara J. Vasquez, Clerk of the Board Sam Dart, Assistant Public Works Director Chris Young, Development Services Director Jim Cook, Assistant Development Services Director Kevin McCrae, Chief Civil Deputy Prosecuting Attorney Rebekah Kaylor, Civil Deputy Prosecuting Attorney Public: See sign in sheet 3:30 p.m. The Commissioners held an Open Record Public Hearing to consider vacating the entire subdivision of the Franz Short Plat, Replat #1 (AFN 1099748), further identified as Assessor Parcel Numbers 31-2252-000, 31-2253-000, 31-2254-000.,31-2255-000 and the included dedicated roadway and associated road Right of Way pursuant to Grant County Code 22.04.490 and RCW 58.17.212, as petitioned by Vic Jansen and Dave McKinnon of Terteling Properties LLC (agent Gil Alvarado, GAJ Planning LLC). This includes Lots 1 thru 4, Franz Short Plat, Replat #1 and included dedicated Road, Lot 2 and 3, Franz Short Plat, in the South half of the Northwest quarter of Section 32, Township 19 North, Range 29 East, W.M. This hearing is being continued from October 4, 2022. Chris Young, Development Services Director, discussed the vacation of the entire plat and the inclusion of the road and road right of way. Connectivity for the area parcels is important. Kevin McCrae, Prosecuting Attorney stated that in protecting the interest of the county and maintaining the connection, needed is any new dedication to be done prior to or simultaneously with the vacation of the old connection. Dave McKinnon, Terteling Group (via Webex) deferred to Gil Alvarado as their agent. Gil Alvarado, GAJ Planning Group (via Webex) clarified that the property to the north, Central Terminals, are his clients as well. He is brokering between them and the Terteling Group. He asked for clarification of the connectivity issues in question. Discussion ensued about the ingress/egress to the parcels within the plat and connectivity to Road M.2. Would the owner to the north, Mr. Maiers, want connectivity from the new ROW to the cul-de-sac at M.2 from the east to the west. The Board thought they would need that Mr. Maiers would tell us that he doesn't want or need that. The Board would like that assurance. Pamp Maiers, stated they agreed to add ROW to the east of the property, he will connect it into his property. Commissioner Stone clarified that the new ROW that is proposed abruptly ends at Maiers property. Mr. Maiers stated this is fine that it ends at his property. Gil Alvarado stated this falls in line with the agreement that was recorded exhibit B shows the new private drive. Dave McKinnon discussed the Bogaard parcel and the purchase of their property. The Bogaard's didn't have a computer to attend this meeting. He is working on a new updated Vacant Land Purchase and Sale Agreement and will have that signed between Terteling Properties and Bogaard Enterprises. After so many extensions, the agreement was placed on hold until this week. Commissioner Stone is excited about the proposal. It behooves us to protect the interest of the county and the area landowners. Sam Dart, Assistant Public Works Director echoes the Prosecutor's and Development Services concerns. Need to make sure the County doesn't eliminate existing ROW without obtaining new ROW. Once it is eliminated, there's no mechanism to get it back. Even though its being proposed, there's nothing recorded or in writing. 3:53 pm Gil Alvarado discussed a Boundary Line Adjustment (BLA) that will need to be done in the future. Aland use action is tied into the dedication of ROW. Commissioner Stone asked if the County could vacate the plat now and wait on the vacation of the ROW until a BLA is completed. Gil Alvarado stated that when the plat is vacated, it goes back to the original plat. Property lines are not the same once this plat is vacated. Jim Cook, Assistant Development Director discussed the vacation of the new plat and how the process is once its vacated and goes back to the original plat. The unknown is if the Bogaards decide not to sell to Terteling Properties, then the ROW cannot be established and there is no access to the northern properties. What is needed: Current Purchase and Sale Agreement between Bogaards and Terteling AND a notarized Affidavit of Legal Interest from the Bogaards. This says Terteling has the right to submit an application on the behalf of the property owner. A motion was made by Commissioner Jones, seconded by Commissioner Stone, to continue the public hearing to October 18, 2022 at 4:00 p.m. The motion passed with 2 Commissioners in attendance.