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HomeMy WebLinkAboutHEARING re Open Space Tax Application - CUA2025-00001JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners FROM: Greg Ballard, Development Code Administrator Mo-chi Lindblad, Principal Planner DATE: July 20, 2026 SUBJECT: HEARING re: Open Space Tax Program Application – CUA2025-00001 Jefferson Land Trust STATEMENT OF ISSUE: Resolution 50 0916 24R requires that a public hearing be held before the Board of County Commissioners (BoCC) to approve or deny an application for classification of open space land under the Open Space Tax Program. Department of Community Development (DCD) staff requests that the BoCC hold this public hearing on Monday, July 20, 2026, at 10:30 a.m. during the regular BoCC meeting to hear the staff report, take public testimony, and take action to either approve or deny pending application CUA2025 00001. The public hearing was duly noticed on July 1, 2026, pursuant to RCW 84.34.037(1). ANALYSIS: Staff has prepared a staff report reviewing and analyzing the pending application under the Open Space Tax Program and providing a recommendation regarding the Public Benefit Rating for the application, which determines the potential amount of tax benefit the property owner may receive per the Jefferson County Assessor. FISCAL IMPACT: This request has no fiscal impact. If approved, the pending open space applications would affect the assessed property taxes of the parcel; however, such impacts are allowable under the program in exchange for the public benefits of preserving and protecting open space lands. The parcel is currently assessed as Designated Forest Land (DFL); if approved, the parcel will be transferred to the Open Space Tax Program. RECOMMENDATION: Staff requests the BoCC hold the required public hearing for CUA2025-00001 during the regular meeting on July 20, 2026. REVIEWED BY: Josh D. Peters, County Administrator Date 7/10/2026 Please publish one time: July 1, 2026 Bill to: Jefferson County Department of Community Development 621 Sheridan Street Port Townsend, WA 98620 NOTICE OF PUBLIC HEARING Current Use Open Space Tax Program Application NOTICE IS HEREBY GIVEN that a public hearing is scheduled by the Jefferson County Board of Commissioners for MONDAY, July 20, 2026 at 10:30 a.m. in the Commissioners’ Chambers, County Courthouse, 1820 Jefferson Street, Port Townsend, WA 98368 (HYBRID). Notice of said hearing is to be published in the official newspaper of Jefferson County. The Jefferson County Department of Community Development and the Assessor’s Office are processing an application for inclusion in the Open Space Tax Program under the Open Space designation: CUA2025‑00001, submitted by the Jefferson Land Trust for parcel number 602352002. Staff requests that the Board review the staff report, hold the required public hearing, take testimony, and approve or deny the application. The staff report and other information is available for viewing on the County website by visiting: www.co.jefferson.wa.us and follow this pathway – Services – Laserfiche Web Portal (username and password is: public) - Board of Commissioners – BOCC Agenda Packets – 2026 Weekly Agenda Items – 07 July 2026 – 072026 – HEARING re Open Space Tax Application You are welcome to participate in this hearing. You will need to join the meeting by 10:30 a.m. using the following methods: VIRTUALLY: Via the following Zoom, link: https://zoom.us/j/93777841705, PHONE: Dial 1-253-215-8782 and enter access code: 937-7784- 1705# and press *9 to “raise your hand” to be called upon. Access for the hearing impaired can be accommodated using Washington Relay Service at 1-800-833-6384, or IN-PERSON. In addition, written testimony is also invited beginning on July 1, 2026 through July 20, 2026 at the end of the Public Hearing, unless extended by the Board of County Commissioners. Written public testimony may be submitted by Email to: jeffbocc@co.jefferson.wa.us You may view documents and testimony received by visiting: www.co.jefferson.wa.us and following this pathway – Services – Laserfiche Web Portal (username and password is: public) – Board of Commissioners – BOCC Agenda Packets – 2026 Weekly Agenda Items – 07 July 2026 – 072026 – HEARING re Open Space Tax Application You can also Mail your testimony to: Jefferson County Commissioners’ Office; P.O. Box 1220, Port Townsend, WA 98368. Written testimony must be received by the Board of County Commissioners by the end of the hearing testimony period. Signed this 22nd day of June, 2026. JEFFERSON COUNTY BOARD OF COMMISSIONERS Greg Brotherton, Chair Open Space Tax Program Application – CUA2025-00001 Page | 1 STAFF REPORT TO THE BOARD OF COUNTY COMMISSIONERS Re: Current Use Tax Assessment (CUA) ) FINDINGS, CONCLUSIONS Open Space/Open Space Application ) AND PROPOSED ) RECOMMENDATIONS ) Case No.: CUA2025-00001 Jefferson Land Trust ) Parcel Number 602352002 ) BACKGROUND INFORMATION The Open Space Taxation Act, enacted in 1970, allows property owners to have their open space, agricultural, and timber lands valued at their current use rather than at their highest and best use. The Act provides a property tax reduction as an incentive to preserve certain types of lands in their current use, when such preservation will provide a public and/or environmental benefit. Chapter 84.34 RCW authorizes the Jefferson County Board of Commissioners (BoCC) to adopt an open space program and public benefit rating system for evaluating lands proposed for open space current use assessment. Resolution No. 82-91, adopted on August 12, 1991, and has guided citizens and the county in processing applications for the Open Space Tax Program. In 1995, Resolution No. 75-95 was incorporated into the program to address tidelands, shorelands and buffers. Resolution 50‑0916‑24R further requires that a public hearing be held before the BoCC to approve or deny any application for classification of open space land under the Open Space Tax Program. Applications for Current Use Assessment are submitted through the Department of Community Development (DCD), but they are not considered Land Use applications under the Jefferson County Code. DCD evaluates each property using the Public Benefit Rating System (PBRS), while the Assessor determines the potential property tax reduction based on the resulting point total. Together, DCD and the Assessor develop a recommendation regarding whether the property should be approved for inclusion in the program and the amount of tax benefit the property owner may receive. The BoCC then reviews the recommendation and, upon approval, signs an Open Space Tax Agreement with the property owner APPLICATION SUMMARY Property Owner and Address Parcel Number and size Abbreviated Legal Description and Site Location Zoning Jefferson Land Trust Attn: Sarah Spaeth, Director of Conservation 1033 Lawrence St Port Townsend, WA 98368 602352002 Approximately 27.54 acres S35 T26 R2W Lot 3(Less HWY & Tax 14) subj/restrictive ease AF#657607 Located at 305743 Highway 101, Brinnon 98320 AL-20 PUBLIC BENEFIT RATING SYSTEM To evaluate the benefits of the proposed property, Part IV (Open Space Lands) of Resolution 82-91 uses a set of evaluation elements such as resources, site assess, transfer of development rights, county policy goals, and shoreland buffers. If these elements are present on the property, they may be claimed through a point Open Space Tax Program Application – CUA2025-00001 Page | 2 system to determine the total score. The total number of points is then used to determine the rating and property’s current use value as a percentage of the market value. A minimum of 5 and a maximum of 12 points are required to qualify for enrollment in the program. Based on the submitted PBRS worksheet, the application has been evaluated under the PBRS as described below (see also attached PBRS worksheet). Staff evaluates the worksheet using the detailed criteria outlined in Part IV, Sections V and VI of Resolution 82-91. PBRS Summary Table Evaluation Elements CUA2025-00001 Points High and Low Priority Resources 4 Access 1 Transfer of Development Rights 6 County Policy Goals 1 Shorelands and Buffers N/A 1 Total Points (not less than 5 and not to exceed 12) 12 Current Use Assessment Valuation Schedule (percent of market value) 10% PBRS ANALYSIS 1 Pursuant to Resolution 75-95, eligibility for this category requires a minimum undisturbed width and depth of 200 feet of native vegetation adjacent to marine waters, backed by Designated Forest Land (DFL). The subject shoreline meets only the minimum width requirement. In addition, only the upper portion of the property, located west of Highway 101, is currently enrolled in the DFL program. A minimum 100-foot road right-of-way separates this upper portion from the waterfront portion, so the area east of Highway 101 does not qualify for the Shorelands and Buffers element. Open Space Tax Program Application – CUA2025-00001 Page | 3 Applicant’s Statement: Jefferson Land Trust seeks to keep this undeveloped 27.54-acre forested parcel just north of Brinnon on the tax rolls. Because protection of forest and shoreline habitat and water quality values requires management that excludes commercial timber harvest, the current DFL tax classification is no longer appropriate. The Land Trust is therefore requesting that the property be reclassified as Open Space/Open Space under the County's Open Space Tax Program, based on the property's attributes, whose long-term protection under Land Trust ownership will provide significant public benefit in perpetuity. The conservation easement was acquired by the US Navy in 2022 and recorded under Auditor’s File Number 657607. The recorded Grant Deed of Conservation Easement permanently protects the property’s conservation values, including scenic, natural, open space, water quality, mature and old growth forest, riparian habitat, wildlife corridor habitat and marine shoreline resources. The easement restricts a range of activities, including any residential, agricultural, commercial, or industrial development or use. Most of the development rights have been transfer to the US Navy, the grantee of the Easement. PBRS Detail: This parcel has more than 800 feet of rocky, low-bluff shoreline adjacent to state-owned tidelands leased for shellfish production. The forested area contains mature second-growth stands with a diverse range of species, including several large mother trees that may be old growth. Wildlife use documented in the broader area includes elk, bear and spotted owls. The undeveloped low-bluff shoreline is considered critical habitat for wildlife as well as for eelgrass and other macroalgae. A seasonal stream and riparian corridor on the property connect the waters of Hood Canal with the forested uplands. Retaining the forest and preventing development will limit runoff and associated siltation of Hood Canal, helping protect the priority aquatic shoreline habitat for shellfish and other species. Maintaining the forested condition also allows precipitation a greater opportunity to infiltrate and recharge groundwater as precipitation patterns shift with climate change. Soils will be protected, the shoreline and beach will remain undeveloped, and the tidelands will benefit. The parcel lies approximately one-quarter mile from the expanse of the Olympic National Forest, and a 20- acre Washington State Parks property shares a corner with this parcel, contributing to regional habitat connectivity and wildlife movement corridors. Highway 101 (classified as a Washington State, and a Pacific Coast, Scenic Byway), passes through the property, which is also within the Hood Canal and Coyle Peninsula viewsheds. Under the PBRS, a total of 12 points are possible for this application, corresponding to a tax benefit equal to 10 percent of the property’s market value under the current use assessment valuation schedule. STAFF FINDINGS & CONCLUSIONS 1. Processing of the subject application is in accordance with the established procedures and criteria of the Jefferson County Open Space Tax Program and RCW 84.34.037. 2. The subject application is consistent with the Goals and Policies for Open Space/Open Space Tax Classification as set forth in the Jefferson County Open Space Tax Program, which in turn is consistent with the goals and policies of the Jefferson County Comprehensive Plan. Open Space Tax Program Application – CUA2025-00001 Page | 4 3. RCW 84.34.037 requires that notice of the hearing be provided to the public by publication in a local newspaper of general circulation in the area at least ten days prior to the hearing. Legal notice will be published on July 1, 2026 in the Port Townsend Leader. 4. SEPA Review: The subject proposal is categorically exempt from environmental review pursuant to WAC 197-11-800(14)(k). STAFF RECOMMENDATION Based on the above analysis, findings and conclusions, the application for enrollment in the Jefferson County Open Space Tax Program as Open Space/Open Space Current Use Assessment as described in this report, is hereby recommended for APPROVAL subject to the following conditions: RECOMMENDED CONDITIONS OF APPROVAL The applicant shall file the executed Change of Designation Form with the Assessor’s office. Open Space Tax Program Application – CUA2025-00001 PBRS WORKSHEETS OPEN SPACE CURRENT USE TAX ASSESSMENT PUBLIC BENEFIT RATING WORKSHEET Phone: Applicant. ____________ _ ------------ Site Address: ____________________________ _ HIGH PRJORITY RESOURCES Significant Archaeo logical and Historical Sites Significant Geologic and Shoreline Features H igh Priority Wetlands H igh Priority Shorelines Significant Fish and Wildlife Habitat Areas Special Animal and Plant Sites Public Water Supply Watersheds Surface Water Quality Buffer Areas Floodplains Urban Open Spaces LOW PRIORITY RESOURCES Low Priority Shorelines Public Lands Buffer Scenic Vistas Steep Slopes Prime Agricultural Lands Low P riority Wetlands (2 points each) ( 1 point each) Total Priority Re source Points (4 Maximum Points) ACCESS (1 point each ) Unlimited Public Access (signs required) Restricted Access due to Environmental Sensitivity Some Public Access Total Access Points (3 Maximum Points) TRANSFER OF DEVELOPMENT RIGH TS (TDR) Conveyance recorded wi th the Auditor Public Benefit Rating Worksheet T otal TDR Points (6 Maximum Points) Page I of2 Open Space Tax Program Application – CUA2025-00001 CHANGE OF DESIGNATION FORM Change of Designation (Chapter 84.33 RCW) File with County Assessor Applicant’s Name: County: Address: Tax Code Area: City, State, Zip: Phone Number: Land Subject To This Application: (legal description) Parcel No. or Account No.: Change in Designation The land is currently designated as forest land under the provisions of Chapter 84.33 RCW and meets the definition of one of the following and I/we request reclassification as: (Check appropriate box.) Open space land as provided under RCW 84.34.020(1). (Attach completed form REV 64 0021) Farm and agricultural land as provided under RCW 84.34.020(2). (Attach completed form REV 64 0024 or 64 0108) Timber land as provided under RCW 84.34.020(3), unless county has merged their timber land classification into their designated forest land program. (Attach completed form REV 64 0109 or 64 0111 and a timber management plan) Affirmation As owner(s) or contract purchaser(s) of the land described in this application, I/we hereby indicate by my/our signature that I/we am aware of the potential tax liability involved when the land ceases to be classified under the provisions of Chapter 84.34 RCW. If this land is removed from classification before ten years have elapsed, compensating tax may also be due for part of the period it was designated as forest land. See reference to RCW 84.33.145 on page two. Signature(s) of All Owner(s) or Contract Purchaser(s) Date Attachments: REV 64 0021 REV 64 0108 REV 64 0111 REV 64 0024 REV 64 0109 Timber Management Plan Assessors Use Only If the parcel(s) subject to this transfer document is considered contiguous, as defined in RCW 84.33.035(4), with other parcels having different ownerships, verify all remaining designated parcels with different ownerships are still: Adjoining Being managed as part of a single operation Meeting the definition of “family” as defined in RCW 84.34.020(6)(b)(ii) with the owner of an adjoining parcel REV 64 0038e (w) (6/3/14) See next page Jefferson Land Trust Jefferson 1033 Lawrence St.441 Port Townsend, WA 98368 360-379-9501 S35 T26 R2W LOT 3(LESS HWY & TAX 14) 602352002 X □ □ □ □ □ □ □ □ □ □ □ □ REV 64 0038e (w) (613/14) RCW 84.33.145 ( 1) If no later than thirty days after removal of designation the owner applies for classification under RCW 84.34.020(1), (2) or (3), then the designated forest land shall not be considered removed from designation for purposes of compensating tax under RCW 84.33.140 until the application for current use classification under chapter 84.34 RCW is denied or the property is removed from classification under RCW 84.34.108. Upon removal from classification under RCW 84.34.108, the amount of compensating tax due under chapter 84.33 RCW shall be equal to: (a) The difference, if any, between the amount of the assessed valuation on such land as forest land and the amount of the new assessed valuation of such land when removed from classification under RCW 84.34.108 multiplied by the dollar rate of the last levy extended against such land, multiplied by; (b) A number equal to: (i) The number of years the land was designated under this chapter, if the total number of years the land was designated under chapter 84.33 RCW and classified under chapter 84.34 RCW is less than ten; or (ii) Ten minus the number of years the land was classified under chapter 84.34 RCW, if the total number of years the land was designated under chapter 84.33 RCW and classified under chapter 84.34 RCW is at least ten. See next page (2) Nothing in this section authorizes the continued designation under this chapter or defers or reduces the compensating tax imposed upon forest land not transferred to classification µnder subsection (1) of this section which does not meet the necessary definitions of forest land under RCW 84.33.035. Nothing in this section affects the additional tax imposed under RCW 84.34.108. (3) In a county with a population of more than six. hundred thousand inhabitants or in a county with a population of at least two hundred forty-five thousand inhabitants that borders Puget Sound as defined in RCW 90.71.010. no amount of compensating tax is. due under this section if the removal from classification under RCW 84.34.108 results from a transfer of property described in RCW 84.34.108(6). To ask about the availability ofthis publication in an alternate fonnat for the visually impaired, please call 1-800-647-7706. Teletype ('ITY) users may use the Washington Relay Service by calling 711. For tax assistance, call (360) 534-1400. REV 64 0038e (w) (6/3/14) Jefferson Land Trust application for Change of Designation from DFL to OS/OS tax class Full legal description for APN 602352002. Government Lot 3, Section 35, Township 26 North, Range 2 West, EXCEPT right of way of State Highway No. 9 as conveyed by deeds recorded in Volume 133, pages 492-93 and Volume 148, pages 50-51, records of Jefferson County, Washington; ALSO EXCEPT the following described tract: Beginning at the West Quarter corner of said Section 35, thence North 0° 43' 32" East, 779.64 feet: Thence South 89° 16' 28" East, 2,277.55 feet to the point of beginning; Thence continuing South 89° 16' 28" East, 178.85 feet to the balanced Government Meander Line; Thence along said Government Meander Line South 8° 05' 40" West, 170.13 feet; Thence South 11° 40' 41" East, 131.92 feet; Thence South 5° 35' 26" West, 263.60 feet; Thence South 23° 37' 31" West, 22.45 feet; Thence departing from said Government Meander Line westerly at North 89° 24' 36" West, 314.98 feet; Thence North 0° 35' 24" East, 532.10 feet; Thence North 73° 43' 02" East, 169.37 feet to the point of beginning. SITUATE IN JEFFERSON COUNTY, STATE OF WASHINGTON. TOGETHER WTH AND SUBJECT TQ EASEMENTS, RIGHTS-OF-WAY, COVENANTS, ENCUMBRANCES AND RESTRICTIONS OF RECORD, IF ANY. Open Space Open Space Applicant: Jefferson Land Trust 1033 Lawrence St. Port Townsend, WA 98368 (360)379-9501