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HomeMy WebLinkAboutord2022-005Whatcom County COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 ,r? Bellingham, WA 98225-4038 (360) 778-5010 Agenda Bill Master Report File Number: AB2022-039 File ID: AB2022-039 Version: 1 Status: Adopted File Created: 01/07/2022 Entered by: EMiranda@co.whatcom.wa.us Department: Council Office File Type: Ordinance Requiring a Public Hearing Assigned to: Council Final Action: 02/08/2022 Agenda Date: 02/08/2022 Enactment #: ORD 2022-005 Primary Contact Email: sdraper@co.whatcom.wa.us TITLE FOR AGENDA ITEM: Ordinance to temporarily close Gulf Road to Motorized Vehicular Traffic SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: See memo HISTORY OF LEGISLATIVE FILE Date: Acting Body: Action: Sent To: 01/25/2022 Council INTRODUCED FOR PUBLIC Council HEARING Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0 Absent: 0 02/08/2022 Council ADOPTED Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner Nay: 0 Absent: 0 Attachments: Staff memo, Proposed ordinance Whatcom County Page 1 Printed on 2/9/2022 SPONSORED BY: Public Works PROPOSED BY: Public Works INTRODUCTION DATE: January 25, 2022 ORDINANCE NO. 2022-005 ORDERING THE TEMPORARY CLOSURE OF GULF ROAD SOUTH OF HENRY ROAD WHEREAS, the Whatcom County Council has been requested by Pacific International Holdings to close to motorized vehicular traffic a portion of Gulf Road south of Henry Road (a "County right-of-way"), as depicted and described on attached Exhibits A and B, for public health, safety, security, and liability reasons; and WHEREAS, the closure is requested due to pervasive dumping, abandoned vehicles, alcohol and drug use, the discharging of firearms, unauthorized fires, destruction of private property and trespass (hereinafter, "illegal activities"), having taken place along that portion of County's right-of-way and on adjoining vacant private properties for many years; and WHEREAS, the increased frequency of illegal activities on the County's right of way and on the adjoining vacant private properties create significant threats to public health, safety, environmental damage and liability on both the County right-of-way and adjoining properties; and WHEREAS, the Whatcom County Sheriff's Office has dispatched Sheriff's Deputies to the area on numerous occasions over the years at taxpayers' expense to respond to the illegal activities and has indicated support for a closure to conserve Sherriff's Office resources; and WHEREAS, Whatcom County Fire District #7 has been forced to utilize public resources to respond to fires set on both the County right-of-way and by trespassers on private adjoining properties; and WHEREAS, the affected adjacent property owners have indicated support for the closure; and WHEREAS, law enforcement, private security and adjacent property owners' efforts to stop the illegal activities have been ineffective; and WHEREAS, the County right-of-way dead ends and there are no residential structures along the County right-of-way, and WHEREAS, the closure of a portion of the County's right-of-way will not eliminate pedestrian public access to the County right-of-way, but will restrict motorized vehicular traffic to emergency vehicles and authorized personnel; and WHEREAS, Pacific International Holdings will install accurate signage notifying the public that the property not directly on the County right-of-way is private and closed to the public and will install a gate system to effectuate the closure of the road to motorized vehicular traffic; and WHEREAS, Pacific International Holdings shall bear the responsibility for obtaining permits, constructing the gate system, coordinating access for emergency vehicles, authorized personnel and affected adjacent property owners, and for removing the gate system at the end of the closure; and WHEREAS, Whatcom County shall bear the responsibility for maintaining the County's infrastructure, namely Gulf Road, any easements and appurtenant structures within the County right- of-way, and Pacific International Holdings shall ensure the County has access to that portion of Gulf Road subject to the closure to perform any required maintenance or repair; and WHEREAS, Pacific International Holdings shall bear the responsibility of maintaining the installed gate system and signage associated with the closure of Gulf Road. The closure sign shall read: "Road Closed to Motorized Vehicular Traffic;" and WHEREAS, if the gate system becomes deficient, Pacific International Holdings shall have thirty (30) days to repair and cure the deficiency. If the gate system deficiency is not repaired during that tirneframe, the County may remove the gate system and signage after- the County Council takes action to open the road to motorized vehicular traffic; and WHEREAS, the gate system must be designed and installed consistent with the specifications for existing gates currently constructed at Cherry Point that allow for industrial sized loads; and WHEREAS, the gate system must be designed and installed to allow access to emergency service vehicles including a Fire District -approved lockbox; and WHEREAS, authorization for installation of the gate system is contingent upon issuance of all required permits including but not limited to a land disturbance permit, a revocable encroachment permit, and a Fire Marshall permit; and WHEREAS, the closure of Gulf Road to motorized vehicular traffic is established in perpetuity but may be revoked by the County Council at any time for no cause upon taking action to open the road to motorized vehicular traffic. Upon revocation, the County shall provide written notice to Pacific International Holdings which shall have ninety (90) days thereafter to remove the gate system; and WHEREAS, nothing herein shall be construed to obviate or limit the right of Pacific International Holdings at a future date to petition for vacation under RCW 36.87.130 of the portion of Gulf Road subject to this Ordinance; and WHEREAS, the County Council held a public hearing on the proposed closure on February 8th, 2022, and is authorized to close the road according to the provisions of RCW 36.32.120. NOW THEREFORE BE IT ORDAINED by the Whatcom County Council that the Public Works Department of Whatcom County is hereby directed, subject to further consideration for re- establishing access for adjoining property owners, to close a portion of Gulf Road south of Henry Road to motorized vehicular traffic. ADOPTED this 8th day of Fe ATTES' m �( �0X* C) B s m © ro a a Data Brown-ITma isM'Council`°Clerk` o 6 r� � « AP PI )QVED'AS.J.0 FARM:.:'. Approved Via Email-CQ/EM Senior Civil Deputy Prosecuting Attorney ,2022. WHATCOM COUNTY COUNCIL WHAT YI COUNT , WASHINGTON Todd Donovan, Council Chair Approved O Denied Satpal Sidhu, ounty Executive Date:'L� EXHIBIT "A" THAT PORTION OF THE GULF ROAD (COUNTY ROAD NO. 340) RIGHT OF WAY SITUATED IN NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 39 NORTH, RANGE 1 EAST OF W.M., LYING SOUTH OF THE SOUTH MARGIN OF HENRY ROAD RIGHT OF WAY AND WEST OF THE PORTION OF VACATED GULF ROAD PER AUDITOR'S FILE NO. 940510068. THE NORTH/SOUTH PORTION OF GULF ROAD RIGHT OF WAY IS 50 FEET WIDE FROM HENRY ROAD TO THE INTERSECTION OF THE STRAIT OF GEORGIA. THE WEST/EAST PORTION OF GULF ROAD RIGHT OF WAY PARALLEL WITH THE SHORE OF THE STRAIT OF GEORGIA IS 40 FEET WIDE AS ESTABLISHED BY DEED PER AUDITOR'S FILE NO 510394. CENTERLINE OF THIS 40 FOOT WIDE RIGHT OF WAY WAS ESTABLISHED BY ASBUILT LOCATION OF EXISTING ROADWAY. CONTAINING 148,742 SQUARE FEET (3.4 ACRES) -MORE OR LESS. SITUATE IN WHATCOM COUNTY, WASHINGTON. SEE ATTACHED EXHIBIT `B" EXHIBIT Wo o� oZ as HENRY ROAD a HENRY ROAD M EXISTING GATE IN PROPOSED o l GATE MN M� N� N50' ROW M Mr PROPOSED O� CLOSURE OF GULF ROAD 1 T O wNSy/p R,gyGF � 50' STRAIT O c� � o �M M 39N w �ooh M � MN P Ir M� PROPOSED CLOSURE OF GULF ROAD F ROW --VACATED GULF ROAD M 0ROW AF# 940510068 >G EXISTING ♦,r V�fi� GATE GEORGIA AN — _ 19 20 EXHIBIT B DATE, 11-8-2021 GJLA SV-EM-I0-PITI0008 1621l w. ht . , Dn Sulk; 200 E:•e 't W."5hir,91. 98201 If flhone: 425.259.,1099 . PIT10008 I oanwrv. GJLA Gila MOO 1 pm - P:\P\PITI00000008\0400CAD\SV\SHEETS\sv-em-10-piti0008-Gulf Road Vacationl.dwg 200 400 GULF ROAD CLOSURE EXHIBIT MAP