HomeMy WebLinkAbout121911_ca18
Consent Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO:
Board of County Commissioners
Philip Morley, Connty Administrator
FROM:
Stacie Hoskins, Interim DirectorIP1anning Man~~~ ~
Zoe Aun Lamp, Associate Planner-DRD Lead Z)f"-.Y
December 19, 2011
DATE:
SUBJECT:
Current Use Assessment: Request to enroll a total of7.43 acres of 10.09 acres as Open
Space Timber lUlder provisions of the Jefferson COlUlty Open Space Tax Program and
RCW 84.34. Case # MLAl 0-004151CUA 1 0-00001
ATTACHMENTS:
1) Hearing Examiner's Report and Recommendation
2) Development Review Division Staff Report to the Hearing Examiner
3). Certificate of Paid Taxes from the Jefferson COlUlty Treasurer's Office
4) Open Space Tax Agreement signed by Jan Pierson
STATEMENT OF ISSUE:
Applicant owns three parcels for a total of 1 0.09 acres on Hidden Trails Rd., Port Townsend. The
applicant wishes to place 7.43 acres in current use taxation assessment as Open Space Timber lUlder the
provisions ofRCW 84.34.
BACKGROUND:
The Jefferson ColUlty Hearing Examiner conducted an Open Record Pubic Hearing on November 8, 2011
considering the request of Jan Pierson to designate 7.43 acres to Open Space Timber lUlder provisions of
RCW 84.34.
The applicant submitted a Forest Management Plan prepared by Cronin Forestry, Certified Forester. The
Hearing Examiner reviewed the staff report, testimony and the Forest Management Plan and concurred
with staff's recommendation for approval.
ANAL YSIS/STRATEGIC GOALSIPROS and CONS:
The requested action is a Board of COlllUlissioners legislative action. Options are:
. Approve the applicant's request to designate 7.43 acres for current use tax assessment as Open
Space Timber
. Remand to the Hearing Examiner
. Deny the application
1
Consent Agenda
FISCAL IMPACT/COST-BENEFIT ANALYSIS:
In exchange for transferring and designating ilie 7.43 acres for current use assessment, ilie property owner
will receive a benefit of reduced property taxes; ilie public will benefit in long-term commercial timber
productivity of ilie subject property.
RECOMMENDATION:
Per ilie recommendation of ilie Jefferson County Hearing Examiner, approval is recommended subject to
ilie applicant's compliance wiili conditions and entering into an Open Space Taxation Agreement wiili ilie
Jefferson County Board of Commissioners and recorded at ilie expense of ilie applicant.
REVIEWED BY:
Id-/y/r
. . strator Date
2
When Recorded Retum to:
Jefferson County
Department of Community Development
621 Sheridan Street
Port Townsend, WA 98368
OPEN SPACE TAXATION AGREEMENT
CH.84.34 RCW
(To be used for "Open Space", "Timber Land" Classification or "Reclassification" Only)
Grantor(s): Jefferson County
Grantee(s): Jan Pierson
Legal Description:
S8 T30 R1W
Tax 11 Subj To Ease
and
AI Wei~nburger Shortc PLat, Lot1 (less one-acre homesite) and
AI WeiSenburger ShoitPfat ,LOt 2{1esSClri&:acrehomesite). . n.
As recorded in Volume 2 Page 86, Records of Jefferson County, State Of Washington
Lots 1 and 2 SubjlEase
Assessor's Property Tax Parcel or Account Number:
001083001.001083010,001083011
Reference Numbers of Documents Assigned or Released: _NJA
This agreement between Jan Pierson hereinafter called the "Owner", and Jefferson
County hereinafter called the "Granting Authority", Whereas the owner ofthe above
described real property having made application for classification of that property under
the provisions of CH 84.34 RCW.
And whereas, both the owner and granting authority agree to limit the use of said
property, recognizing that such land has substantial public value as open space and
that the preservation of such land constitutes an important physical, social, esthetic, and
economic asset to the public, and both parties agree that the classification of the
property during the life of this agreement shall be for:
o Open Space land
x Timber land
Now, therefore, the parties, in consideration of the mutual covenants and conditions set
forth herein, do agree as follows:
1. During the term of this agreement, the land shall be used only in accordance with
the preservation of its classified use.
2. No structures shall be erected upon such land except those directly related to, and
compatible with, the classified use ofthe land.
3. This agreement shall be effective commencing on the date the legislative body
receives the signed agreement from the property owner and shall remain in effect
until the property is withdrawn or removed from classification.
4. This agreement shall apply to the parcels of land described herein and shall be
binding upon the heirs, successors and assignees of the parties hereto.
5. Withdrawal: The land owner may withdraw from this agreement if, after a period of
eight years, he or sheiilesCl requestto withdraw classification with the assessor.
Two years from the date of that request the assessor shall withdraw classification
from the land, and the applicable taxes and interest shall be imposed as provided in
RCW 84.34.070 and 84.34.108.
6. Breach: After the effective date of this agreement, any change in use of the land,
except through compliance with items (5), (7), or (9), shall be considered a breach of
this agreement, and shall be subject to removal of classification and liable for
applicable taxes, penalties, and interest as provided in RCW 84.34.080 and RCW
84.34.108.
7. A breach of agreement shall not have occurred and the additional tax shall not be
imposed if removal of classification resulted solely from:
(a) Transfer to a governmental entity in exchange for other land located within the
State of Washington.
(b) A taking through the exercise of the power of eminent domain, or sale or transfer
to an entity having the power in anticipation of the exercise of such power and
having manifested its intent in writing or by other official action.
(c) A natural disaster such as a flood, windstorm, earthquake, or other such calamity
rather than by virtue of the act of the landowner changing the use of such
property.
(d) Official action by an agency of the State of Washington or by the county or city
where the land is located disallowing the present use of such land.
(e) Transfer of land to a church when such land would qualify for exemption
pursuant to RCW 84.36.020.
(f) Acquisition of property interests by state agencies or agencies or organizations
qualified under RCW 84.34.210 and 64.04.130 (See RCW 84.341 08(5)(f).
(g) Removal of land classified as farm and agricultural land under RCW
84.34.020(2)(d).
8. The county assessor. may require an owner to submit data relevant to continuing the
eligibility of any parcel of land described in this agreement.
9. Reclassification as provided in Chapter 64.34 RCW.
This agreement shall be subject to the following conditions:
SEE ATTACHED EXHIBIT "A"
It is declared that this agreement specifies the classification and conditions as provided
for in CH.84.34 RCW and the conditions imposed by this Granting Authority. This
agreement to tax according to the use of the property may be annulled or canceled at
any time by the Legislature.
DATED
JEFFERSON COUNlY
BOARD OF COMMISSIONERS
John Austin, Chair
Phil Johnson, Member
David Sullivan, Member
As the owner(s) of the herein described land l!we indicated by my/our signature(s) that I
am!we are aware of the potential tax liability and hereby accept the classification and
conditions of this agreement.
/zh/If
I I I
(Must be signed by all owners)
DATED
Date signed agreement received by Legislative Authority:
Prepare in triplicate with one completed copy to each of the following: OWner,
Legislative Authority, County Assessor.
Exhibit A
1. Prior to the Board of County Commissioner's approval, the applicant shall
provide certification of "no delinquent property tax" issued by the Jefferson
County Treasurer. Approval will be denied if the landowner has failed to satisfy
any judgments Jefferson County has obtained against the landowner, or if the
landowner owes any fee to Jefferson County, or has failed to pay traffic fines or
penalties of the Jefferson County District Court.
2. Throughout its term under Timberland Tax Classification, the properties shall be
managed in accordance with the Forest Management Plan dated February 2011.
The property owner shall pay particular attention to the area within Stand 2 that
contains laminated root rot and follow Cronin Forestry's recommendations to
prevent the spread of this potentially harmful disease.
3. All subsequent timber harvest activities shall be conducted in accordance with
the Washington State Forest Practices Act.
4. Prior to any subsequent timber harvest activity, the applicant shall obtain the
appropriate approvals from the Jefferson County Department of Community
Development.
5. The applicant shall enter into an Open Space Taxation Agreement with the
Jefferson County Board of County Commissioners. The executed agreement
shall be recorded at the expense of the applicant.
6. The owner shall obtain the appropriate permits for forestry from the Department
of Natural Resources and comply with the critical area requirements per state
law.
"
.&..-\...J'.- Il"-
- \
., ,
OFFICE OF THE HEARING EXAMINER
JEFFERSON COUNTY
REPORT AND RECOMMENDATION
CASE NO.:
MLA 1 0-00415/CUA 10-00001
Open Space Timber
OWNERS:
Jan Pierson
P.O. Box 1153
Port Townsend, WA 98368
FORESTER:
PROJECT PLANNER:
Mike Cronin, CF
U [5C~3\?~~~
' NOv 2 2 2011
I
::::I
IWERSONC01Jll'r
DF.!'tlll'MMMm '
Zoe Ann Lamp
SUMMARY OF REQUEST:
Current Use Assessment: Request to enroll a total of 7.43 acres of 10.09 acres as Open
Space Timber under provisions of the Jefferson County Open Space Tax Program and
RCW 84.34.
SUMMARY OF RECOMMENDATION:
Approval, subject to conditions.
PUBLIC HEARING:
After reviewing the Jefferson County Department of Community Development Staff
Report 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 November 8, 2011, 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-
"
.
ZOE ANN LAMP appeared, presented the Department of Community Development Staff
Report, and testified that the request involves three parcels with a total of 10.09 acres.
The applicant submitted an application on December 20, 2010, and the County deemed it
complete on April 20, 2011. She referred to the Forest Management Plan (Exhibit 4 to the
record) as showing the portions of the parcels proposed for designation as open space
timber. Staff finds that the request satisfies all criteria set forth in the Jefferson County
Code and therefore recommends approval subject to conditions.
SHERRIE SHOLD, Jefferson County Assessor's Office, appeared and testified that she
agrees with the application. The applicant has withheld approximately an acre from each
parcel. The Management Plan addresses the root rot and the measures necessary to
prevent its spread.
JAN PIERSON, applicant, appeared and testified that he is quite excited about the
program. Mr. Cronin, the forester, resides on the opposite side of the street from him and
encouraged him in this endeavor. His parcels have a nice stand of cedars and fir coming
to maturity. He will use the timber to provide heating and for commercial use. Staff has
advised him well in the process. He has no timetable for the harvest as yet.
No one spoke further in this matter and the Examiner took the matter under advisement.
The hearing was concluded at 2:20 p.m.
NOTE:
A complete record of this hearing is available in the office of Jefferson
County Department of Community Development.
FINDINGS, CONCLUSIONS AND RECOMMENDATION:
FINDINGS:
1. The Hearing Examiner has heard testimony, admitted documentary evidence into
the record, and taken this matter under advisement.
2. Proper notice was provided pursuant to the Jefferson County Code.
3. This application is categorically exempt from review pursuant to the State
Environmental Policy Act (SEPA). See WAC 197-11-800(6)(c)
4. The applicant has a possessory ownership interest in three rectangular parcels of
property that together form a 10.09 acre, rectangular site. Said site abuts the west
side of Hidden Trails Road approximately 2.4 miles south of Port Townsend in
unincorporated Jefferson County. The applicant has applied to enroll 7.43 acres of
the site as Open Space Timber Land pursuant to the Jefferson County Open Space
Tax Program and RCW 84.34. As part of the process the applicant submitted a
Forest Management Plan prepared by Cronin Forestry dated February, 2011
2-
..
\I
(Exhibit 4).
5. Improvements on the site include a well and pump house on Parcel 1083001, a
single-family residential dwelling on Parcel 1083010, and a single-family dwelling
and accessory structures on Parcel 1 083011. All three parcels access from Hidden
Trails Road. The Forest Plan Map on Page 7 of Exhibit 4 shows approximately one
acre of each parcel excluded from the Open Space Tax Program.
6. Cronin Forestry determined from field examination and historical records that
logging occurred over the entire parcel on one occasion, and occurred a second
time on portions of the site in more recent decades. Cronin Forestry determined
that the site contains three stands of merchantable timb~r. However, one stand
located in both the western half of the larger parcel and the forested parts of the
smaller parcels is infected with laminated root rot. The Forestry Plan provides
methods to prevent its spread.
7. The Jefferson County Comprehensive Plan designates the site and nearby
properties as Rural Residential (RR1:5), which allows a maximum density of one
dwelling unit per five acres. Parcel sizes in the area range upward from a minimum
of approximately two acres. Surrounding uses are limited to low density residential,
and no environmentally sensitive areas are located on the site or in the immediate
area.
8. Comprehensive Plan goals and policies include OSG1.0 that encourages
preservation and enhancement of existing open space lands and OSP1.4 that
encourages public enrollment in the current use or preferential tax assessment for
open space lands. The applicant's proposal is consistent with Comprehensive Plan
policies.
9. The Comprehensive Plan identifies and defines five types of open space to include
"Resource Open Space" that includes private lands actively reused for "natural
resource production" to include "forests". The Forest Management Plan confirms
that the applicant's site supports an existing, long term, commercial forest.
10. Resolution 82-91 adopted by the Jefferson County Board of Commissioners on
August 5,1991, sets forth the Jefferson County Open Space Tax Program. Part III
of said resolution addresses timber lands. Section I of Part III requires a minimum
area of five or more acres devoted to the growth and harvest of forest crops and not
classified as reforestation land. The applicant's site contains 10.09 acres and he
proposes to utilize 7.43 acres thereoffortimber production. The proposal therefore
meets the minimum size criteria.
11. Section II of Part III of Resolution 82-91 sets forth the application requirements and
procedures. Said section provides that following submittal of a completed
application to the planning department and provision of public notice, the Jefferson
3-
\I
County Hearing Examiner conducts a public hearing and makes a recommendation
to the Jefferson County Board of Commissioners to either approve or deny the
application. The applicant submitted an application to the Department of
Community Development (DCD) that it deemed complete on April 20, 2011. DCD
provided proper notice of the public hearing that occurred on Tuesday, November 8,
2011.
12. Section IV of Resolution 82-91 sets forth the criteria for enrollment in the Open
Space Tax Program. Subsection (A) requires management of the site for
commercial forest crop production in accordance with a timber management plan
prepared by a professional forester. Said forester must specialize in forest
management and have a bachelors or higher degree in a forestry related field.
Section IV(A) also sets forth the required elements of a timber management plan.
Mr. Mike Cronin, a professional forester who has the requisite expertise and
education, has prepared a Timber Management Plan consistent with the
requirements of Section IV(A).
13. Section IV(S) requires an evaluation of the suitability of the site for long term timber
management. Considerations include the parcel size, configuration, access,
comprehensive plan density and use designation, and potential conflicts with
adjoining uses. In the present case the rectangular configuration and parcel size
render the site suitable for active, long term, timber management. As previously
found the Comprehensive Plan designates the parcel and other parcels in the
general vicinity as RR1 :5, which allows a maximum density of one dwelling unit per
five acres. Low density development will allow use of the site for long term timber
management without creating use conflicts. Furthermore, the site is not located
within 200 feet of an ordinary high water mark or water body, is not classified as
reforestation land, and is not classified for deferred taxation.
14. . The applicant proposes primary use of the site for production of forest crops. The
excluded areas on each parcel as shown on the Timber Management Plan are of
simple geometric shape. The Plan adequately identifies the location of the non-
timber use. The applicant has included a legal description of said excluded areas
with the application. The application therefore meets all criteria set forth in Section
IV(B) of Ordinance 82-91.
CONCLUSIONS:
1. The Hearing Examiner has jurisdiction to consider and decide the issues presented
by this request.
2. The applicant has shown that the request to designate 7.43 acres of a 10.09 acre
site as Open Space Timber Land satisfies all criteria set forth in Part III of
Resolution 82-91 as well as the general requirements set forth in Section I of said
resolution. The applicant is aware of the requirements of Part I Section II regarding
4-
,.
,
the prohibition of transferring the property to any use other than open space timber
for a period of ten years and the penalties that he would incur for violating said
prohibition.
3. Based upon the forgoing Findings of Fact the application for enrollment of the 7.43
acres in the Jefferson County Open Space Tax Program as Open Space Timber
Land Current Use Assessment should be approved subject to the following
conditions:
1. Prior to the Board of County Commissioner's approval, the applicant shall
provide certification of "no delinquent property tax" issued by the Jefferson
County Treasurer. Approval will be denied if the landowner has failed to
satisfy any judgments Jefferson County has obtained against the landowner,
or if the landowner owes any fee to Jefferson County, or has failed to pay
traffic fines or penalties of the Jefferson County District Court.
2. Throughout its term under Timberland Tax Classification, the properties shall
be managed in accordance with the Forest Management Plan dated
February 2011. The property owner shall pay particular attention to the area
within Stand 2 that contains laminated root rot and follow Cronin Forestry's
recommendations to prevent the spread of this potentially harmful disease
(Exhibits # 4 and Exhibit # 8 page 2 of 2).
3. All subsequent timber harvest activities shall be conducted in accordance
with the Washington State Forest Practices Act.
4. Prior to any subsequent timber harvest activity, the applicant shall obtain the
appropriate approvals from the Jefferson County Department of Community
Development.
5. The applicant shall enter into an Open Space Taxation Agreement with the
Jefferson County Board of County Commissioners. The executed
agreement shall be recorded at the expense of the applicant.
6. The owner shall obtain the appropriate permits for forestry from the
Department of Natural Resources and comply with the critical area
requirements per state law.
5-
1
RECOMMENDATION:
It is hereby recommended that the Board of Jefferson County Commissioners enroll a total
of 7.43 acres of three parcels containing 10.09 acres as Open Space Timber Land Current
Use Assessment pursuant to the provisions of the Jefferson County Open Space Tax
Program and RCW 84.34 subject to the conditions contained in the conclusions above.
The parcel numbers are 001, 083 001, 001 083 010, and 001 083 011, all of which are
located at 415 Hidden Trails Road, Port Townsend, in the northeast comer of the
southwest quarter of Section 8, Township 30 North, Range 1 West, WM., within
unincorporated Jefferson County.
ORDERED this 21 st day of November, 2011.
6-
~
,j
JEFFERSON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
621 Sheridan Street
Port Townsend, WA 98368
AI Scalf, Director
DEVELOPMENT REVIEW DMSION
STAFF REPORT
TO
THE HEARING EXAMINER
File No.: MLA10-0041S/CUA10-0000l
Owners: Jan Pierson
Forester: Mike Cronin, CF
Project Planner: Zoe Ann Lamp
)
)
)
)
)
)
)
PROPOSED FINDINGS,
CONCLUSIONS, AND
RECOMMENDATIONS
Re: Current Use Tax Assessment
Open Space Timber
SUMMARY APPLICATION AND RECOMMENDATION
Date of Application: December 20, 2010
Request: Current Use Assessment: Requestto enroll a total of7.43 acres oflO.09 acres as Open
Space Timber under provisions of the Jefferson County Open Space Tax Program and RCW
84.34. A Forest Management Plan prepared by Cronin Forestry was submitted with the
application.
Site Address: Hidden Trails Road, Port Townsend, W A 98368
Recommendation: Approval with conditions. (Recommended conditions attached to this
report).
BACKGROUND INFORMATION
Property Owners: Jan Pierson
Property Location: The parcels are located approximately 2.4 miles south of Port Townsend,
W A on Hidden Trails Rd. Take SR 20 south to S. Jacob Miller Rd. and turn right, go
approximately 1.0 mile and turn left onto Hidden Trails Road and go approximately 0.4 mile.
#
Page.
LOG ITEM
1'-1
( of b
Building Permits/lnsoections
(360) 379-4450
Development Review Division
Long Range Planning
FAX: (360) 379-4451
.
"
.
Legal Description: Parcel numbers 001 083001,001 083 010 and 001 083 011, Tax 11 Subject
to easement and Lots 1 and 2 of The Al Weisenburger Short Plat Subject to easement, Section
8, Township 30, Range I W, WM. Located off Hidden Trails Rd, Port Townsend 98368.
Comprehensive Plan: The Jefferson County Comprehensive Plan Land Use Map adopted
August 28, 1998, designates the subject parcels as Rural Residential, One Dwelling Unit Per
Five Acres (RR 1 :5).
Property Description: The proposal involves three parcels:
Parcel # Address Legal Description Size ImProvements
001083001 No Address Tax 11 Subject to easement 5.10 Pump house
Assigned acres
001083010 421 Hidden The Al Weisenburger Short Plat, Lot I, 2.70 Single-family
Trails Rd. Subject to easement acres residence
001083011 461 Hidden The Al Weisenburger Short Plat, Lot 2, 2.29 Single-family
Trails Rd. Subject to easement acres residence and
outbuildings
The Forest Stewardship Plan (Exhibit 4, Page 3 of9) provides the following "General Property
Description":
This forest property is located on the Qnimper Peninsula between Port Townsend Bay
and the mouth of Discovery Bay at an elevation of approximately 200 feet. Topography
is very gentle with maximum slopes of less than 20%. There are no stream channels, nor
significant wetlands on any of the parcels. Adjacent lands include five acre ruraJ
residential forest parcels on the north, east and south with a 120 acre W ADNR forest
parcel on the west boundary. All of the parcels result from a subdivision into 5 acre tracts
done in the rnid-1970s after Crown Zellerbach sold a 200+ acre block of forest land
between South Jacob Miller Road and the DNR parcel. A later short plat subdivision
created the 2.5-acre parcels. There is a small pump house at the well site on parcel
001083001, a home on parcel 001083010 and a home plus related outbuildings on parcel
001083011. The Jefferson County zoning for this area is Rural Residential I :1 0 [sic].
Access to these parcels is from South Jacob Miller Road and the private Hidden Trails
Road over which landowners have easement. The Plant Community Association is a
combination of Douglas fir/salal, Pseudotsuga menziesii/Gaultheria shallon, and Western
hemlock/rhododendron/salal, Tsuga heterophyllalRhododendron
macrophyllum/Gaultheria shallon.
Staff reviewed the application for the potential presence of Environmentally Sensitive Areas
(ESAs). After an initial Geographic Information Systems mapping review, the following ESA
was confirmed to be present on the subject property: Susceptible Aquifer Recharge Area
(SUSC).
DG ITEM
:_.Jt..f
(~i ~ of (p
MLAI o-OO4I5/CUA I 0..00001
Jan Pierson Current Use Tax Assessment
Page 2 of6
~
..
Comments:
Notice of Public Hearing was sent to five adjacent property owners on October 18, 2011 and was
published in the Port Townsend Leader on October 19,2011. AsofOctober 26, 2011 staffhas
not received any public co=ents.
Co=ents from Sherrie Shold, Jefferson County Assessor's office. are incorporated by
reference. Exhibits # 8, page 2 of2.
REVIEW CRITERIA
Applicable Ordinances and Plans:
. Jefferson County Comprehensive Plan, adopted August 28, 1998, as amended.
. Resolution 82-91 Jefferson County Open Space Tax Program Adopted August 12, 1991, as
amended.
STAFF FINDINGS & CONCLUSIONS
The proposal is subject to review to determine consistency with the Jefferson County
Comprehensive Plan and the Jefferson County Open Space Tax Program. The following section
of the Plan and Resolution are applicable to the proposal.
1. The following Jefferson County Comprehensive Plan Goals and Policies apply to this
application:
OSO 1.0
OSP 1.4
Preserve and enhance the existing open space lands.
Encourage public enrollment in the current-use or preferential tax assessment
(RCW 84.34) for open space lands.
Staff Analvsis:
The Jefferson County Comprehensive Plan identifies and defines five types of Open Space. This
proposal qualifies as "Resource Open Space" defined as ". .. public and private open lands that
are actively used for natural resource production, including lands designated as being of long-
term co=ercial significance. Examples include farms, forests, and shellfish beds."
The subject proposal is consistent with the Goals and Policies of the Jefferson County
Comprehensive Plan.
2. The following sections of Resolution 82-91 Jefferson County Open Space Tas Program
apply to this application: LOG ITEM
Section L Eligible Lands # l.:f
Page 3 of (.
MLAI0.Q0415/CUAI0.00001
Jon Pier.lon Cumm1 Use Tax Assessment
Page 3 of6
.
'"
Five (5) or more acres of land devoted primarily to the growth and harvest of forest crops and
which is not classified as reforestation land pursuant to chapter RCW 84.28. Timberland means
the land only.
Section 11 Application
Applications for timberland classification shall be submitted to the Jefferson County Planning
Department. After all filing requirements are met the Planning Department shall set a date for a
public hearing, and provide notice in accordance. with RCW 84.34.041. Pursuant to the Jefferson
County Hearing Examiner Ordinance, No. 1-0318-91, the Hearing Examiner shall hold a public
hearing to determine whether the application conforms to the requirements of this program, and
RCW 84.34; whereupon, the Examiner shall issue a recommendation to the Jefferson County
Board of Commissioners for final legislative approval.
Detailed requirements for timberland classification are set forth in Chapter 84.34 RCW.
Section 111 Purpose
In accord with the intent of the Open Space Tax Act (RCW 84.34) and the Jefferson County
Comprehensive Plan, the goal of the Timberlands portion of this program is to encourage the
retention and management of small-acreage timber tracts for commercial timber production on a
long-term basis.
Section IV. Criteria For Enrollment
A. Management for Commercial Production.
To ensure that the site will be managed for commercial forest crop production, a timber
management plan shall be submitted which has been prepared by a professional forester who
specializes in forest management and who has a bachelor's or higher degree in a forestry-related
field from an institution accredited by the Society of American Foresters or a Department of
Natural Resources forest specialist. The timber management plan shall include the following:
1. Evaluation oflong-term commercial viability of the site.
2. Management measures which will provide long-term commercial timber productivity for
the site.
3. An implementation plan which provides general target dates for various management
practices in order to assess whether commercial management is being conducted.
Commercial management can also be indicated by emollment or participation in tree
farm programs or other indications of management.
B. Site Suitability for Long-Term Timber Management.
Parcel size, configuration and access, as well as adjoining comprehensive plan density and use
designation, shall be evaluated for conflicts with adjoining uses which would make the site
unsuitable for active long-term timber management. Additionally, the site may not be (a) located
within 200 feet of the ordinary high-water mark'" of a body of water, (b) classified as
reforestation land under RCW 84.28 or (c) classified for deferred taxation under RCW 84.32.
C. "Primary Use" for Forest Crop Production.
MLAI 0-00415/CUA 1 0..00001
Jan Pierson Current Use Tax Assessment
lOG ITEM
#~<-(
Page 1-/ of
Page 4 of6
.
'of
Pursuant to RCW 84.34.020, the primary use of the property must be for the production offorest
crops. When an actual use other than timber production exists or is contemplated for the
property, the application must exclude the acreage required for such use (assuming it to be a new
proposed use).
The area excluded must be contiguous, of simple geometric shape, and include the location of
the non-timber use. The area excluded shall be defined by legal description and the description
shall be included with the application.
D. Periodic Evaluation.
An update wherein the landowner describes progress to date on implementation of the plan may
be required, coinciding with the Assessor's reappraisal cycle.
.. Ordinary high-water mark means the mark on all lakes, streams and tidal water, which will be
found by examining the beds and banks and ascertaining where the presence and action of waters
are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a
character distinct from that of the abutting upland, in respect to vegetation; PROVIDED, that in
any area where the ordinary high-water adjoining saltwater shall be the line of mean higher tide
and the ordinary high-water mark adjoining fresh water shall be the line of mean high water.
Staff Analvsis:
Parcels 001083001, 01083010 and 001083011 are approximately 10.09 acres. Based on
information from the Forest Management Plan (Exhibit # 4) and Assessor's Office comments
(Exhibit # 8, page 2 of2) a total of7.43 acres are eligible for emollment in the program.
Application submitted: December 20, 2010 (Exhibit # 1)
Application deemed complete: April 20, 2011 (Exhibit # 5)
Comments received from Assessor's Office: May 9, 2011 (Exhibit #8 page 2 of2)
ForestManagementPlanReceived: March 17,2011 (Exhibit # 4)
Notice of Public Hearing:
. Mailed to adjacent property owners and agencies: October 18, 2011 (Exhibit # 12)
. Posting of notice by applicant/representative: October 17, 2011 (Exhibit # 13)
. Publication of Legal Notices: October 19, 2011 (Port Townsend-Jefferson County
Leader) (Exhibit # 11)
On March 17,2011, the applicant submitted a Forest Management Plan dated February 2011
prepared by Cronin Forestry (Exhibit # 4). Page 7 of9 of Exhibit #4 is a map representing the
areas to be included in the Open Space Timber program.
Staff finds the Forest Management Plan is consistent with the requirements of the Jefferson
County Open Space Taxation Program. The property owner and forester described appropriate
and detailed sequence of procedures for timber management in accordance with the Open Space
Taxation Program.
MLAl().()04ISICUAIO-4l0001
Jan Pierson Current Use Tax Assessment
LOG ITEM
# ilf
Page of Co
Page 5 of6
"\;:,;
The subject parcels and parcels to the north, south and east are zoned Rural Residentiall :5.
Parcels to the west are zoned Rural Residentiall :20. Long-term timber management of this
parcel is not expected to cause conflict with adjoining parcels.
The application meets the criteria for enrollment in the Open Space TaxfTimberlands program.
B. SEP A
The subject proposal is categorically exempt from environmental review pursuant to
WAC 197-11-800(6)(c).
Based on the above analysis, the application for eurollment in the Jefferson County Open Space
Tax Program as Open Space Timberlands Current Use Assessment as described in this report, is
hereby recommended for APPROVAL subject to the following conditious:
RECOMMENDED CONDmONS
1. Prior to the Board of County Commissioner's approval, the applicant shall provide
certification of "no delinquent property tax" issued by the Jefferson County Treasurer.
Approval will be denied if the landowner has failed to satisfy any judgments Jefferson
County has obtained against the landowner, or if the landowner owes any fee to Jefferson
County, or has failed to pay traffic fines or penalties of the Jefferson County District
Court
2. Throughout its term under Timberland Tax Classification, the properties shall be
managed in accordance with the Forest Management Plan dated February 2011. The
property owner shall pay particular attention to the area within Stand 2 that contains
laminated root rot and follow Cronin Forestry's recommendations to prevent the spread
of this potentially harmful disease (Exhibits # 4 and Exhibit # 8 page 2 of2).
3. All subsequent timber harvest activities shall be conducted in accordance with the
Washington State Forest Practices Act.
4. Prior to any subsequent timber harvest activity, the applicant shall obtain the appropriate
approvals from the Jefferson County Department of Community Development.
5. The applicant shall enter into an Open Space Taxation Agreement with the Jefferson
County Board of County Commissioners. The executed agreement shall be recorded at
the expense of the applicant.
6. The owner shall obtain the appropriate permits for forestry from the Department of
Natural Resources and comply with the critical area requirements per state law.
Prepared by Project Planner, Zoe Ann Lamp, October 27,2011.
MLA I O-004ISICUAI o.cOOOI
Jan Pierson Current Use Tax Assessment
LOG ITEM
# !y
Page b of fa
Page 6 of6
JEFFERSON COUNTY TREASURER
p.o. .sox 571 . Port Townsend, Washington 98368
Emall: jmorris@co.jefferson.wa.us
www.co.jefferson.wa.us
Judltfi 'E. :Morris - Treasurer (360) 385-9154
Janet.9L :J{ofbrool( - Chief Deputy (360) 385-9151
JEFFERSON COUNiY COURTHOUSE
NATIONAL HISTORIC SITE
PORT TOWNSEND, WASHINGTON
TREASURERS CERTIFICATE OF TAXES PAID ON REAL PROPERTY
Parcel Numbers: 001083001; 001083010; 001083011
Owners: Jan Pierson
P.O. Box 1153
Port Townsend, WA 98368
I hereby certify that the property taxes on the parcel(s) listed above have been
paid in full so there are no outstanding or delinquent taxes.
This 6th
Day of December
2011.
~~
Ja Holbrook, Jefferson County Treasurer
Accounting
(360) 385-9152
General
Information
(360) 385-9150
Tax
Foreclosure
(360) 385-9352
Fax
(360) 385-9149