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Conant Agenda JEFFERSON couN•rY' BO<1Rll OF COli N1'1' COb1 ~11SSIONERS CONSENT AGENDA RF.QUF.ST "I'U: ftoard of County Commissioners Philip Morloy, County Administrator FRO~'i: Carl Smith, Director Stacie Hoskins, Planning Manager 7,oe Ann Lamp, Associate Planner, DRD Lead ~~ D:~TF.: December 17, 2012 SCBJECT: Current lac Asscsstncnt: Kcyucst to enroll approximately I L66 acres into the Open Space Timber program and approximately 1.6~ acres into the Open Space Open Space program under provisions of the Jefferson County Opcn Space Tax Program and RCW 84.34. The estimated total acreage of the hvo subject parcels is 13.31 acres. This proposal reyuires a recommendation for inclusion in the tax progt'atn by the Jefferson County Hearings Examiner and a signed open space tax agreement with the Board ofCounty Commissioners. (MLA12-000081CliA12-00001) ATTACHED: 1) hearing Examiner Report and Recommendation 2) Development Review Division Staff Report to the Hearing Examiner 3) Timber Management Plan 4) Open Space Current IJse Tax Assessment ~'Porksheet 5) Treasurers Certificate of Taxes Paid on Rcal Property (i) Open Space Tax Agreement for Open Space'fimbcr 7) Open Space Tax Agreement fbr Open Space Open Space 8) Map of subject parcels with approximate program boundaries S'l'A'I'E~1k:N'1' OH' ISSI!M:: The applicant owns two parcels for a total of 13.31 acres on Sierra Trails Road, Quilcene, W.A. The applicant wishes to p]acc approximately 1.6~ acres in current use taxation assessment. as Upcn Space.'Open Space under the provisions of RC~ti' 84.34 attd Resolution ~ 82-91 and Resolution ~ 75- 95. Tltc remainder of the bvo parcels will be managed per the Timber ~Qanagement Plan dated January 18, 2012 prepared by the applicant and reviewed by John Haas. Forester. The applicant wishes to place the portion of the property subject to the'ritnber \danagc~tncnt Plan in Open Space Timber pursuant to the provisions of RCW 84.34 and Resolution ~ 82-91. Rcfcr to the map prepazed by the applicant in the Timbc7 Management Plan (Attachment #3, page 3). Consent AgencL3 AV:ILFSIS/S"fRATF.C:IC GOALS,rPROS and COVS: The Jefferson County I tearing Examiner conducted an Open Record Public Hearing on September 11, 2012 considering the request of Brian Roggcnbuck to transfer 1 I.35 acres to Open Space Timber and L65 acres into Upen Spacc•'Upen Space under provisions of RCW 8434 and Resolution ~ 82-91 and Kcsolution ~ 75-95. The applicant submitted a Timber Iv4anagcmcnt Plan prepared by the property owner and reviewed by John Haas, Forester. The heart of the analysis for an application under the Open Space Tax Program is the Puhlic Benefit Rating System. The l Tearing Examiner reviewed the staff report, testimony and the Public Bcncfit Rating System worksheet and concurred with the staff evaluation and assignment of 11 points for the public benefit rating. The Hearing Examiner reviewed the staff report, testimony and the Forest Management Plan and concurred with staff's recommendation Tor approval. ALTERNA"I'D'ES: The requested action is a Board of Commissioners legislative action. Options are: • .Approve the applicant's request to designate 1.65 acres for current use tax assessment as Open Space Upcn Space and 11.35 acres for current use tax assesstrtent as Upen Space Timber. • Remand to the Hearing Examiner • Deny the application FISCAL IAIP:ICIYCOS'1'-BF.IF.FIT A?7:~L1'SIS: In exchange liar transferring and dosigtlating the 13.31 acres for current use assessment, the property owner will receive a benefit of reduced property [axes; the public will benefit in long-term open space of the subject property. The Public Bcnct3t Rating of 11 points provides a Cun-ent Cise Value of 1(1% of market value for the 1.65 acres etu'olled in the Open Space Open Space pros-*ram. RECOAI~IENDATION: Per the rccommcadation of the Jefferson Count} I Tearing Fxaminer, approval is recommended subject to the applicant's a>mplianec with conditions and catering into an Open Space Taxation Agrcctncnt with the Jefferson County l;oard of Commissioners and recorded at the expense of the applicant. REV~1•yWED BY: .' - / T'ifilip Morley, ,o,~unty AdmittstratT Date ~ . A~~~~ QFFICE QF THE HEARING EXAMINER. JEFFERSC]N CC7UNTY REPQRT AND RE{GC]MMENDATI+DN CASE NC7.: MLA12-Q©~08lCUA12-i34aD1 Current Use Tax Assessmertit C]pen Spade Timber anti Qpen Space Qpen Space C]VIlNERS: Brian Roggenbuck P.Q. Box 878 Durrington„ V'u+A 98241 F~}RESTER: Pi~C)JECT PLANNER: SUMMARY C3F REQUEST: John Haas doe Ann Lamp, AICP ~~LS~~~ ]~FF~~?SON COl3NT~' IlFP1: [fF C01~9MUN{TY DCVC'iflPfi~fEN~ Enrollment of approximately 11.35 acres into the [Jpen Space Timber Program and 1.65 acres into the open Space Qpen Space Program under provisions of the Jefferson County C1pen Space Tax Program and RC 84.34. The estimated total acreage of the two subject parcels is 13.31 acres. SUMMARY (]F RECCIMMENDATION: Approve, subject to conditions. F~UBLIC HEARING: After reviewing the Jefferson County Department of Community Development Staff Report and examining available information on fife with the application, the Examiner conducted a public hearing on the reguest as follows: The hearing was opened on September 11, 2612, at 2:Q5 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 ZQE ANN LAMP appeared, presented the Department of Community Development Staff Report, and testified that the applicant requests enrollment of portions of two parcels into the Qpen Space Tmber and Open Space Open Space programs. The two parcels together contain 13.31 acres and support two stands of merchantable trees. She preformed. a site visit on August 27th. The west side of the parcel contains steep slopes and she did not notice many trees. She wants a condition that requires replanting if necessary. She received Exhibit 38 subsequent to preparation ofithe Staff Report from a forester who will check for surviving plants following a replanting in April, 2012. The Cpen Space portion of the site will extend from the ordinary high water mark 2QG feet upslope This area will remain undisturbed land adjaoent to marine water. The overall project receives 11 points under the public benefit rating system. Staff recommends approval subject to nine conditions. SHERRIE SHGLD, Jefferson County Assessor's ®ffiice, appeared and testified that she worked with the applicant before he subrnitted his application. He understands that he cannot sell the smaller parcel as the larger parcel would not qualify for the tax program. BRIAN RGGGENBIJCK, applicant, appeared and confirmed that enrollment in the open space program wil! affect the 2013 taxes. A forester will inspect the site in 2013, and if the application is approved now, they can replant the lots. He has no questions regarding conditions of approval.. No one spoke further in this matter and the Examiner took the matter under advisement. The hearing was concluded at 2:20 p.m. N©TE: A complete record of this hearing is available in the office of Jefferson County Department of Community C~evelopment. F1N~DiNGS, C+DNCLUSIC)NS, ANQ RECOIV[MEIVDATICJ[V: FINQINGS: The Hearing Examiner has heard testimony, admitted documentary evidence into the record, and taken this matter under advisement. 2. The subject proposal is categorically exempt from environmental review pursuant to the State Environmental Policy Act (SEPA) in accordance with VIfAC197-11- 3_ RCW 84.34.037 requires provision of notice ten days prier to the public hearing. Notice was mailed to adjacent property owners and agencies on August 21, 2012 `iExhibit # 31 }. The applicant posted notice on the property August i7, 2012 (Exhibit # 30a, and publication of the notice occurred on August 22, 2012, in the Port Townsend-,tefferson County l-ender. Proper notice was given. 2- 4. The applicant, Brian Roggenbucls, has a possessory ownership interest in two, adjoining, rectangular parcels of unimproved property abutting the eastern shoreline of t7abob gay on the Toandos Peninsula in unincorporated Jefferson County. The tw© parcels measure approximately 360 feet in width and vary in depth between 1,520 feet along the north property line and 1,701 feet along the south property line. Access to bath parcels is provided via a gravel drive extending into the site at the faint property line from Sierra Trails Road. The northern parcel contains 5.25 acres and the southern parcel 8.fl6 acres. 5 The parcels are Vacated within the Rurai Residential [RR) 1:5 designation of the Jefferson County Comprehensive Plan and the RR 1:5 zone classification of the Jefferson County Code ~JCC}. According to Exhibit 5 either the applicant or a previous owner conducted a timber harvest over 12 acres of the site in 2009 and to facilitate said harvest constructed a 900 linear foot, gravel drive along the faint property Vine of the parcels. Replanting occurred in 201fl subsequentto the harvest. 6. Pursuant to RCLN 84,34 and Jefferson County Resolution Na. 82-91 as amended by Resolution No. 75-95, the applicant requests enrollment of the entire site into the Jefferson County Open Space Tax Program. The applicant proposes to enroll approximately 11.35 acres of the site into the Open Space Timber Program and 1.65 into the Open Space Open Space Program. The Open Space Timber portion of the site consists of a!I areas landward of the 200 foot wide, shoreline jurisdiction and the Open Space open Space area consists of the portion of the site within the shoreline jurisdiction. The proposal meets the definition of ``Undisturbed Shoreline Buffers" as set forth in Resolution No. 75-95 as follows: Section 111. B. Tidelands, Shorelines, and Buffers Undeveloped buffers along marine shorelines and aquatic tidelands qualify for special consideration under the Public Benefit Rating System. Sn addition to points accumulated in Section 111.P,. of the program, these properties wile be assigned bonus points as follows:... {2} Undisturbed Shoreline Buffers Undisturbed zone of native vegetation, adjacent to marine waters, of no less than 2{70 feet wide and 200 feet deep and backed by classified or designated forest lands [RCW 84.33.035(2}] or open space timber land [RC'V'S' 84.34.020{3}j- All characteristics must be continuously maintained to receive bonus paints. 3-~ The site plan shows that the entire "undisturbed zone of native vegetation" abuts Dabob Bay, measures 300 feet in width, and extends the full 200 foot depth of the Jefferson County Shoreline Master Program jurisdiction, The site plan further shawl that land in the Open Space Timber Program will back the entire width of the shoreline portion of the parcels and measures 1,320 feet in depth along the north property line and 1,2(31 feet in depth along the south property line. Thus, the applicant's proposal satisfies the above quoted section of the Open Space Tax Program and is entitled to 11 points under the Public Benefit Rating System ~PBR). 7. The applicant prepared a Timber Management Plan endorsed by John Haas, a professional forester who meets the criteria set forth in Sectican IV~A} of the Open Space Tax Program. The Timber Management Plan evaluates the long term. commercial viability of the site, proposes management measures that will provide long term commercial timber production forthe site, and implements a plan that sets Earth general target dates for various management practices that will allow the County to assess whether commercial management is being conducted. The plan identifies two, distinct, timbered stands on the site. Stand 1 consists of the eastern two-thirds of the site and includes established conifer and hardwood growth. Scattered Douglas fir trees more than 80 years old also grow 6n this area. The majority of the stand is in excess ^f 30 years old. Stand 2 is located on the western third of the upland portion of the parcel and consists of recently planted, three year old, Douglas fir trees. The plan reflects that Stand 1 was thinned in 2009, and that Stand 2 was harvested in 20D9 and replanted in 2010. The plan proposes pre- commercial thinning in 2040 and harvesting in 2002. S_ Staff conducted a site visit Qn August 27, 2012, and had difficulty seeing the replanted, three year ald, Douglas fir trees- Staff therefore recommends a condition that a certified forester inspect the area to verify the survival rate and replant trees if necessary to ensure long terr~~ commercial timber productivity- The certified forester will submit an Inspection Report to the Assessor's ©ffice. Mr. Haas submitted a letter dated September 10, 2012, advising that he inspected the site on January 13; 2{312, and found 126 surviving planted trees per acre and 46 natural regeneration seedlings per acre in the Stand 2 area. On Apri! 17, 2012, he inter-planted 1,{300, two year old, Douglas fir tree seedlings. He Gull! inspect the site again in JanuarylFebruary 2(313 and expects t© find the reforestation in compliance with restocking requirements of the State Department of Natural Resources ~DNR}. However, the applicant has no abjection to Staff's proposed condition. 9. The portion of the site proposed for the open Space Open Space Program meets the definition of "Pristine C7pen Space' set forth in the Jefferson County Comprehensive Plan as it remains undisturbed and has no history of active land use or development. Therefore, the application satisfies all criteria set forth in the Jefferson County Open Space Tax Program. 10. Staff's findings and conclusions set forth on Pages 2-8 of the Staff Report are 4- hereby incorporated by this reference as if set forth in full.. CpiVCLU51©N5: The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. ~. The applicant has shown that the request to enroll 11.35 acres into the Open Space Timher Program and 1.65 acres into the Qpen Space C3pen Space Program for a total acreage of 13.31 acres satisfies all criteria set forth in the Jefferson County Open Space Tax Program as set forth in Resolution Nos. 82--91 and ~5-95 and therefore should be approved subject to the fallowing conditions: The property owner shall hire a Certified Forester to inspect the area identified in the Timber Management Plan as `"Stand 2" to verify the survival rate and to replant trees, if necessary, to ensure the area provides long-term commercial timber productivity. After the inspection, the Certified Forester shall submit an inspection report to the Jefferson County Assessor's Office with the results of the inspection and any actions that need to be taken." 2. As required in Part I, Section 1, B of Resolution 32-91, prior to approval, the applicant sha11 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. 3. Throughout its term under Timberland Tax Classification, the properties shall be managed in accordance with the Timber Management Plan dated January 18, 2012 and signed by John Haas, Forester on January 31, 2(}12. (Exhibits # 2U). 4. All subsequent timber harvest activities shall be conducted in accordance with the Washington State Forest Practices Act. Prior to any subsequent timber harvest activity, the applicant shall obtain the appropriate approvals from the Jefferson County Department of Community development. ~. As long as the parcels are in the Open Space Open Space Taxation Program, the property owner shall leave the area 2t7D feet deep measured perpendicular from the ordinary high watermark of the marine shoreline and measuring 359 feet wide undisturbed. 7. The applicant shall enter into two Open Space Taxation Agreements with the Jefferson County Board of County Commissioners. One Open Space Tax 5- Agreement shall address the area within the Open Space Timber Program and the second C]pen Space Taxation Agreement shall address the area within the CJpen Space t~pen Space Program.. The executed agreements shall be recorded at the expense of the applicant. 8. The owner shall obtain the appropriate permits for forestry from the ^epartment of Natural Resources and comply with the oritical area requirements per state law. 9. Any compensating tax due at the time of the transfer shall be paid in full. REC{~iVIMENDATIC7N: It is hereby reccammended that the Jefferson County Board of Commissioners approve applicant Brian Roggenbuc~'s request to enroll approximately 11.35 acres into the C3pen Space Timber Program and approximately 1.65 acres into the Open Space Qpen Space Program far a site located on Sierra Trails Road, Quilcene, in unincorporated Jefferson County subject to the conditions contained in the conclusions aboue. C}RDERED this 19th day of September, 201 ~. ~``_ ~ ,1,-~. y ~ j ~~r ~EP1i-HEN K. CAUSSE ' ,K, JR. Hearing Examiner 0- °ILFP~~'I~~C~;`d C:t3t1tJT'~ c~G~~r"1`1~S1~°C~ ~~~~~~11i~11 A 1 ~~.~I-.liJ~~ I.7 ~&~~l.J~~1T'~~.L1~ 521 Sheridan Street ~ Part Ta+~vnsenci, VVA 98308 ~ tilfeb: ~~~a~rv^av.uo.~eferso~.~~va.uslcammunitw~devfli~~n7ent Tel: 355.379.4~~G ~ Fax: 350.379.441 ~ Erna+l.: dcd~c ;a;ei7ersan.tiva.us atiiidrrzy its ~ Inspections k Deveroprr~ent Cansrstercy Review ~ Lang Rengp Plarnin~ ~ ~Natershe~ Sfesvnrdship Resource Center llE'VELQPi4TEN`T° RE'VIE'S~w' D~VrSIQN ST 4FF REP©RT' T' (~ THE HP.:i1tTl~~(Y EXA:~'IINEft [fie: Current ~7se `Ca:~ .~sscssnlent C3pe1x Space Tirn~~er artd ()pert Space. C~pez1 S[aace File No.: I1FII1111.2,-0{)~}(}~,fC:UAI?-~]l~0(}1 [)tiv,=ners: Brian I~c,g~enbuck Forester: Jelin plans, Forester Project Planner: Zoe :4nxz Lanzp, 'LIL:I' SiJ~~~l~'Ir"~RY APPLIC~TTUti :4ND RECOiVINiEE.NUr'~"I'I(3N PR.C)PC)S1I~ F'I~II).[I~JCrS, 4'~-aposal: Cuzxent CJse ~ssessnacnt: Rcqu~st to enroll approximately 11.75 acres irztn the Qperi. Space `l'imber pro~ranz and to enroll appro~cirz~ately l..C~S acres into the Open Space C)pen Space prc~~razxt under pra~isions of the Jefferson County C~}[]etz Space ".I'ax Pro~razn and P Cti~' ~=1. ~=~. The estimated total acreage of the t~~o subject parcels is 1 7.31 acres. This proposal reclaaires a recon~znendation fc:r irzclusiorz in the tax pro~raln by the 7efferson Courzt~, I-:Ieariz~gs ~.x~tminer and. a signed open space tax agreement ~~~ith the [3oard of CoL>.nty (~:urnrrzissiozaers. Site ~cltlress: Sierra ~I"rails Road, Quilcene, G~'A 9376 ~ZCCUIllail~n~aiian: rlp~roVal 4Vrt11 C;C?11C1it1L~I1S. ~Recoznznended CoIldztlUns attached to this. repoz~}. B~1ChUR[)rTND Ii~IFQRNIaTiO'~ i'rc}pertti (J43`raers: Britaza Ro~~~enbuck Pr[~[~erty Location: •fhe parcels are ltacatecl alaprnxirnately 35 zrrilc.s south of Part 'l'o~~nsea~cl on the f'c:ft~~le Pea~znsula (aka: Toandas Peninsula}. Frnn1.1'or-i I'o~~l~scnd take SR Zip to SR l~) and turn fuft at Sl-i 1 ~~, in approximately 1.5 miles tike a right on South I'oiz~t fed. South Point Road turns into f horz:zd;~~ke Road, fallo~~~ Thorndyke Road tc7 Cc~ti•le I~nad and take ~~ left onto C'oy~le Read. l=ollo~~ C:o~~lc 1~c7ad for G.4 z~liles anal. twin right oia to Telatclzeed Poiizt [~d. In Cr.3 miles, take a left onto Tho~isand Trail; Rd. in apl~roxiz~tately L~.S miles turn right orito Sierra Trails. In 0.? miles, take a left onto the dri~~e~~<:r~'.. it1i..-113-~]1(i0s,'CUA12-(.1!]a01 Pale. 1 af9 Brian Ro«•~.cnl:~~ck Cunent Use Tai Assessme~;t Le~~il llescriptic~z~: Parcel 6011 323 O1~ ~: 6~}1 323 0(?~, `~'a~; ;2 ~ ~'t~~ 3~, 5~ctan a7, 7'ayvnship 2~1~i, Ratz~e 1~~~, ~'~~f~I, I_;ncaterl aff Sierra Trail RUrzcl, C~Lrilcene t~837~ I'rr~perty I)cscril~tio~: the prnposal involves t~,vQ adjoining parcels c~s•~°ned by E3rian ~~aa~~erzbuck: Parcel ~ Address ; L.e~=al r~cscription ~ ~ Sipe ~r~ 50132.3p03 ~ inn Address S32 T26 Rl~~~ ~ j.25 Anne i :~,sszgncd TAB 32 L~I~(I~ Tt~TH T'HkLT BLA.i;`1 I2~~~ GC3I32301(~ _ \^ Address ' 532 T26 F~I~V 4.Q~ i`~one Assi~~ned y 1'A.~i 33 B~~ TGTH "I~IIRL? BI~A#1 129~h ~ 7'he I zrrzber ~'Iaz~agemcnt Plan (E~hil~it TI ~[7) praG'ides the follo~vin`= description: Tlzer~ are t~~•o distinct timber standti 4vTthin the wrested acreage. Stand I j 'I~he east 2+`3 cz` property, is a z~atz:rr4rlly establislreEl. Cc~nil`er, (lJoz~~7las Fir, Elemlc~ck c~; ~~'estern Red C:edar~ azxd har~l~vood, tl~cd r~idez~ c~ ~~acirnzza} sta~~d. There is scattercci Llcna~las ~'ir in tlxis stancj S[~-~ ~ yeaz-s old. I~he majority of the ~~ood being 34- years ~zld. Stand 2} tllc ~~~est Il`3 of the property' consists of planted 3-year9old I7oRrglas l,ir. The topography, the east ?;'3rds of the prczpc.rty is rn.ostl~~ Iev~el ~~>ith ~~ra~~el c~; Ic~amy soils rind above a~••crage drainage. 'f'he ~~=est 113 of the property drops steeply to I~ahob l3av. r~L Geotechnical report at 2(}(~4 describes the sails as Glacial with nc~ rt7ck otatcz-c,ps. "I'he East ?,'3 of the property vas thinned ~~°ith ground ecltripment in ?OUP). f'l~ze west li'3 4vas inar?eti via even aged harvest in 2©Oc~ tzsiza~ hi<~rh-lead. The even~age.d harvest ~~x-ea of the property ~~~as rep anted b}~ Keso~irce Rcneu•al izz 20l{) tivith 2 year nld J_~oi.i<~las fir. 1~'ar this application, it is important to note that the abczvc description [i~onz the plan refers to "the east ?/3 of prc~perty~'' and ``the hest I~'3 of prnpea~tyr". Ho~~•ever, as sho~~•n ntx the. site. plan irz the Forest ~~lanas~ement Plat, the area 20(} ft ~ 3fzU ft. on the western ptzrtion c~l~the prop,rty is nc?t iz~cl~.ided. Conse,clL~ently, it claw not cont~lict with the C7pen Spacc:!`C~pen Space application recltzest, S"r:~,IFF E?[tiDlNtati ~~: C;t)hC'LLI:SIC}\'S T'he fnils~-~=irtg ,Ieffersa~n Coaint~• C~iiil~rehei~sive Plan Goals atzcl Pr~licies apple to this applieatirzn: C)St3 I.O Preserve and enhance the existing open space lands. C3SP 1.4 Encc>tiragxe pul,l.ic enrollment in the current-tzse or preferential tax Assessment (RC~t' ~~.3~1:) far open space lands. The Tefferson County Cc?zrzprclzensivc Plarr idezztifics and cictines tiv~e types ar open Space... 7I~e IIL.l 1 ~-act}f)S C C7:~1 [ ~-t~CYaU I I'a~~e 2 of ~7 ~?iaitt Itt~~~enbuc,k [:~.i~rcnt [se l ~x 'Lt4 ss:ri~n, portions of the subject parcel coy°ered under the Tin~bEr'.Vlana~elxtent flan qualify as ``R.esource C)pcn Space" defined as ``. - . public and prig"ate open lallds that are actively used for natural resource production, including lands designated as being of 1c~I1~-term con~rnercial si~niiicance. Ea;alxrples inclLlde farms, forests, and shellfish heels." Tl1e portion of the propelrty 2[3() feet from. the ordinal-dT 1~i~411 water mark of the Irlari.ne shoreline cl,rEalify as "Pristine {Jpen Space" defined as :~ undisturbed open space, with. no history of active land use or de~Jelopmerlt. These areas play contain si~rlificant en~•irolunentally sensitive areas or wildlife habitat. F;xamples inclLtde old-~t-owtll forests or tidal marshes.;, `Che subject proposal is consistent with the Goals and Policies for Open SpacclC]pen Space T'a:~ Classification as set forth in the Jefferson County C)pen Space Tax Pro~ranl, which ire turn is consistent ~vitll tl~Ie ~aals and policies cif the Jeffersonl County C;omprehensiv°e Plarl. The only development on the parcel is a gravel drivcti~;•ay (Exhibit X141. Jefferson. County £FIS mappirl~ indicates the fo11o«~~n`~ eritic.al areas on the .subject parcels ar-c: Shoreline T1esi~nation: C:.onservancy; Shoreline Slope Stability: Unstable Old Landslide, Uzlstal7le Recent Landslide, [~nstahle, Intelrnediate and Stable, .Dish and '~~i''ldlife I Iahitat C'ollser~=ation Area I3ufFer, Vv"etlan{ls (mapped at shoreline}, Seismic Hazard flrea (mapped at shoreline), Landslide Hazarcj rLrea: Slight, h~'Ioderate trod l lit~ll, Susceptible A{loafer Recharge. .'lrea (SL~SC=}, Seawater Intrusion Protection Zone: High Disk. The ;;object parcels are conforn~Iin~ parcels designated as Rural Residential 1:~ ~Inder the Jeffcrsola Co~rnty Colxlpxellensive k'lan Land Use l~'Iap effective A.Llgust 2~, 1 ~39~, as amended. Processin~~ of the =application is in ac.c{~rdance ~.~~ith tl~e classificatton larocedures of Parts I; III azld Iti~ of the Jefferson Co~Int~° C)pen Space Ta.~ PI'o4ram (Res. ~2~c}i and Res. 75-97) an{l RC~1'' b4. ~4.f} ~7. SEl'A Revle~v ~l,he stll]]eCt proposal IS Cates{71'IC~31ly exel7lpt from L'nvIiL7I1173ental reVleb'd ptlrStl&nt to ~~'AC': l ~}~- A~eI1CV ~{~nIITIentS RI:CEIVECI Staff received colnnlellts from Sherrie Sllold 4sse55or~s C)fficc on Janu~uy 19, 2[11.2, June 2~, 2[112 and Atz~ust 22, 2(]12 (Erllibits {), 2~ and ~ ~'}. Based on ille coml11ez1ts in L~~~~ itcrn~'] staff rccnll~mcllds the follo~~~irl~ corlditiorl of approval, '`Tl1e applicant shall enter into C«~~o Open Space 'l~axatiorl Agreements ~v'itll the Jefferson C:otlllty l3c?ard of County [~orllrrlissioners. One Open Space `l~a~ 1~1~reernent shall address the area ~n~•itl~in the Open Sparc 'l'imber Pro~raln and the second C)pen Space i'axatioll A~~reelnent shall address the area ~vitllin the Open Space C}pen Space Pro~rarn. The executed agreements shall be rc.corde.d at the expense of the applicant." "~otiee of Ptil-'lac Hcari~l~: ~~~~' 8~.~=1.~Q37 re.c~uires n«ticin~ ten days prior to tl1E put~lic hearing. The Notice ryas nlailed t{? adjacent property o~~:~llers and agencies: Au~tlst 21, ?[}12 (Exhibit # :~ I ) ivll~rll^-[}oOU~;CUA9?-0(]00l Fade 3 of 9 $r:tn Ra~~eni~~~ck Ctrrre~t Ilse 1 a~ Assc.;sm~nt .1pplicallt posted notice on property: r~u~ust 7. /, 21'2 (]-::l~ibit ~ ~[~} Publication of Legal i~lotices. .'luaust 22, 2412 (.Port To~vnsenc~l-Jefferson Count}' Lcztt-lcr) 1 [?. Public C:on.~anents ~s of .Zu~rust ~~ 1, 2012 rIO con~zmcnts from the public have been. received. Ho~vc~er, thr~:e inctividzzals identifying thcznselves as neighbors of the subject parcels, 1/.. Scott '~~~'etzel (Loss item X3=1}, Viper Page and Col$een Scots. (Log Item :~~ 3 ~), cnntactecl staff inquiring ;zbout the proposal but no c~znments have been submitted. 1 I . fl~lae follt~~.vinL~ sectiozzs of Ptiesolution ~?-~ I Jefferson C:c~unty (}pen Spate Tax Prorazn - ~Cimbez~larzds .Part III apply- to this application: S~~ctiaf~ I. Eli~it~le I,crnc~~~ F"ii•e (J} or maze acres cIf land devoted. prirrzaril}~ to the gro~~~tlz azld harvest of forest c:ro$:I and ~~•lz~ich is not cl~:rssilzeci as reforestation land pursuant to cl~a~~ter F~C'1t~ 4=1.?~. I'i.mberlanci zncl~;ns the ltn-zd only. Section .LI..1~~liccztior7 ~Lpplications for timberland classification steal.] be szlbrzlitted to the Jefferst~n County P1arlning T~ep~u-tznent. After all ~zling requircmez~ts are met tlzc I'Iatzzling llepartmezrt shall sit a date l~~r zz pzzblic hoaxing, and proti-cle notice izz accordance ~vitli RL ~L~' ~~.34.041. 1'~-scant to the ,Tefi~rscln C`c?unty l learia~4~ E_x€Iminer C)rdizzance, _"~'c~. 1-(} ~ 1 ~-9I, the 1 Ieariz~~s Ixaznirzer shall hold a public hetzrizz~r to clcterrrzizae whether the application eonibr~ns to the regzliren~cnts of this program, and RC~~' ~=f.~~: ~vhcz'eupon, the Examiner shall issue a recotnn~endaticzrz to the Jefferson C'ozult~~ }3oard of Conlz'izissioners f or final legislatiti e approval. Detailed rcq~zrezxzents for tilnbcrlazad classitzcation are set forth in Chapter 84.;x. RC1~~. .5erc•tttrFz IIL T'tcr~ros•~' lza. accord with t$ac izztent of the ()pctz space 'lax Act (I~C:'~~' ~=1.3~ } az'cI the Jefferson C'ozlntt C"on~prehezzsive Plan, the goal of tlzc "I-iz~~t~erlands portion of this pz-ogranz is to ezzcotarage tkze rctenti~~n and management ofsmall-acreage, timber 1,racts for coznlnerci.al timber production ozz ;z Ion~r-term basis. ,~eciitzf~ IY'' Cr~itcr-iu f~'car°F,raa-ollf3~ertt i~JanaL~err7ont for C:oznznercial Procluctinn. To ensure that the site will be managed l~~r coz~zcnercial fE~rest crop production, a tizz~bez- mazlay~ement p1ala s.$zall be submitted yvhich has been prepared b} a professional forestex who specializes irz f~It-cst zzxanageznent ~rzd ~~11~?'has a ba.chc.lor's or laigller clcgrec; in a forestry°-rclatcEl field from an irlstittztiozz accredited by the Society of Anzcrican F'taresters or a .C)epar~1zent ol. Natural Resources forest specialist.. The timber r~zanagenaent plan shall include the fo.$1cz~vin~7: Evaluation zzf lc;zn~x-terns c.onaznez~cial ~°iability of the site. Itilanagenz~nt measures which ~~ill provide long-term. colnmercial tizzlb,r prodttctivitG~ For tlxc site. IIL.=1I?-~]iJ~~o~,~C1J11?-,IOC~OI Faye 4 ~~f 9 F3r;an I2r~~~y~~r~?~u~k Currerst €:sc Tex .As~e_~;s:ne.i 3. A~ implementation plan which provides general target dates for various rnarragerzrent practices in order to assess whether commercial m~rrragement is being conducted. Commercial managerxzerrt can also be indicated by ez~rollntent ^r participation in tree farm programs or other indications of managcrnent. 1=3. Site Suitability for Long-Term Timber Ulanagemeni. Parcel size, Corr#iguration and access, as ~~ell as adjoining comprehensiire plan density and use dcsignatior~, shall be e~-aluated for c~mflicts ~v~itlr adjoining uses ~rhicla ~vauld make the site unsuitable f~~r actin°e long-term timber rrranagement. Additionally, the site may rrot be ta) located «ithin ?~() feet of the ordinary high-mater mark* of a bodT of mater, fib) classified as reforestation land undo=r _~C~~ ~~.~~ r~r (c} classified for deferred taxation r:rrzdor I~C~~~" ~~. ~2. C. `'Primary i7se" for Forest Crop Production. Pursuant to I~C``~~ ~~-.34.(1`?Cl, the primary use ofthe property rrrust lie for the production of forest crops. ~~'hen arr actual use other than timber production exists or is ccanternplated for the property, the application must ea elude the acreage required for such use (assuming it to be a r~e~~° proposed use). T'he area excluded must be contiguous, of simple geometric drape, and include the location of the non-timber rise. The area excluded shall be defined by 1e;.~al description arrd the description shall be included with the application. l~. Periodic Evaluation. An update ~~,rherein the laizdou~rrer describes prc_7gr-ess to date on implementation of the purr Wray be re~Iuired, coinciding ~vitlr the Assessor's reappraisal c}~cle. ordinary high-~~'ater mark weans the mark on all lakes, streams and tidal tivater; ~~~hich will be found by examining t}re beds and banks and ascertaining ~•lrere the presence and action of ~~~aters are so cor~unon and usual, artd so lor~rg continued ir1 all ordinary ~•ears, as to mark upon the soil a character distinct frorrr that ofthe abuttingf upland, in respect to ~~cgetalion; F'~CVII~EI); that in any area. 4~•here the ordinary ]sigh-~vatcr adjoining salt cv~ater shall be the line of rneaar higher tide and the ordinary high-~,~-ater rnarl~ ad~ornrrr;~ fresh tivater shall be the line of mean high ~r~atcr. I?. I'arctls f013?3~(}~ and fi©1.3? 3C~lCl are approximately 13.31 acres. Based on ir7for'rxlEatior~r fr-orn tl?e'I~irnber I4larragement Flan (1~ixi~bit ,~ 2tJ} and ~~s~essor's Clltice aomrnents {Exhibit # 23} a total of 11.3 acres are eligible for enro[Iment in the [open Sl7ace Timber program. 'I he Timber !~larragen~eilt Plan. clesc.rbes processes necessary for lorlg~ter-zu corrunorcial ~iabilit_y of the site nclrading pre-cumrnercial thinning iar 2()~(} and even age l~arvestirtg in 2UE2. The plan proposes rzrarraging insect and disease b~;• rnairrtaining biodiversity of tree species and ~%ildli#e habitat to encorirage a variety of irasecti~•cares. 13. Staff concluct:ed a site visit the aftcrrroon of August 27, Z[112. The Timber '~1ana<~errrent Plan identifies Stand ? as the west 1' 3 ~.~~hich includes a steep slope ~~•ith 3-year-crld Douglas fir trees. Drrr'ing ~tlrc site visit and as s11o~~n in the photos ~~og item 32}, staff had difficulty seeing= the i)crut~l«s fir trees. Based on this site visit, staff recomrnerrcls the fo1lo~.ving condition of al7pro~%al, iii..ll2-i~1C~f)k~?CiJ1l?-i7~]O[~l Pa~c a of y ~1-13C1 [~[3`~~~211bUCr% ~. L11~7YI;t t.~SC A'rL'1 !~5$L'S4ISrenr ` `'The property owner shall hire a C'ez~iiicd l~or~sr.er to inspect tl1c. area identified in tl~e Timber i'vlanatren~ent Plan as "Staz~.d 2" to `erify the sur~~i~~al rate and to rel~laz~t trees, ifnc~essary, to ensure the area provides Ions-tez~zxz colnrrzcrcierl tin-[ber productivity. after the inst?eciioz7, the [;ertilzed Forester shall sut~znit an inspection repot-t to the Jefferson C~otuzty Assessor's C)ffice ~~ ith tlic results of the inspection and an~;~ acti«rzs that r[eecl to be taltien.'' 1 ~. The follo~,v~ing sections of Resczlution 42-~) I Jeffcrsozr County (7pen Space ~•ax Progxazn - Operz Space lands Part I~' apply to this application: S~cttr~n I. ~'I3~ Lcxnc~s Fli~il~l~ forT Citr°t-~rtt U.re ~~sce~csrra~tat crs` ~~'~~~#z ~S~~crce iya Jcf~~y,srrn C~oa~r~ty. :'Loy latzcl area, the preserv=ation in its current use ~;ould: 1. assist in the itnplcz~[lentation oFtlze Je~ersotz County Pat.-l~s, 1'ticcrc~z.ti~?zt and Open Space Plan: or ?. provide a practical bzzffez- between areas of conflicting Iand uses. v . assist in linlitiz~~ access, congestion, and strip-conaznercial dev~elc~prz~ent alor[~.r public roads and high~,v°ays; or ~. preser~ ~ or retain corridors for I[ature public. r-Dads which arc sclxeduled for acLluisition in cozxfc~rlnr~zice ~v°ith the Coruzty's Six-ti•ear Road Pro.rarzl; or ~. assist izz inzl~lernentirr~ the Jefferson Coru7ty' CozZ~prchensive 1-'lan b;,- establishuzL, opetz space corridors within anEi bet4veen urban ~rov~~~tlr areas; such corridors include lands ~isef'~al ft~r recreation., trails, v~,ildlife haE~itat, and ~~°ildlife habitat con.rzec;tii-e cor-rici~}rs, or 6. assist z~ the implera~zentatior~ of the Jefferson County Comprelzerzsi~•e Flan tl~rc7u4h r~torrtion cif f%sh aazd wildlife habitat. Sc?c tir~rr II. .~2~?,r~t'icatirazz .Al}plic~~tions for o~?cr[ space cla.ssitication slzali be subzlzitted to the Platz.nin~F 1)eitar-tnxent. _~,Iier all :hlin~7 recluiren~ents are rnet., the Plar~z~in~7 l~epartn~cnt shall assi~rz a date io.r a ptrl~Iic l~earin~~, and provide notice in aeco.rdance v~-itl~ RC~~' ~~~ ~~-. C} }7. 1='tzr5u~:cni io the ,ieffErson Cn;rnty l~earlr7~ F.xa.rnrner Ordrna~"iGe, t1Ze N~,at'].iI`r 1/t:t~Ilrit~er ci~_iil hr71~3 a ptlhil~ he'rrnt~ t~7 dcterlrzrnc ~illetller tl1E apphcatlon C{~rlTC71'pTis vvrtll tl"e. reCll:[Irerrlerlt4 0~ thls 1]I`o~7`3II1, and I-Z[.~y~' ~':~. i~.: v~rherezzpon, the I;xan~iner shall issue his rccoz~~lxrenclation to the Jett-ersc?rz County Board of C_'otnn:~zissior~Iers for final le~isIative approval. r S'ectir~rr Ii'' Lis•~ c~f~Eli~~ribl~~ Re,s~rr~•ces 'L. I-Ciah Priority Resources ... ~ pts. each l . Significant ~--Lrclzaeolo~~ical and l~istczrical .sites ?. Sigzli:ficant CTealo~c azad Sfzoreline Features ?. I-liglz Priority ~t~`ctlands 4. T-1i~h Pri.oriiy Shot~elines `}. Si©ni~icant Fish atzd ~t~°ildIifc Idabitat :areas ~. Special !LninzaI and Plant Sites ?. Pztbhc ~~`ater S[ipply ~L~ atez'sheds ~. Surface L'~'ater (duality BFlf~er .4reezs t3. Fioolplains 1 C}. [~~rl~an Qpe~~ Spaces ~•[L,11 -oo[](?~ ([ itl l Ut~O`yl I'a~c 6 of-~ 13r::in Ro~!genbuF)ti ('urrtrit lisu l:i~ .~lsscssmen' i ~C?-r=ro,~~~Ti ~.,.it~rcl=r~-c~~ ~~,.~.~r~., i~,,,.,,~ r nn,~~ ~~i=ice"~. -, Section IV B. ~~~as replaced with l:csnlutian 7~~95 on .hta~ust ?~, 1935. (See Finding l~ of this staff repaz-t.} Section VI. Cu~•rer~t else ~alucxtio~ -public Benefit Rating Syst~rrt ] . l~eso`cu-ccs (zna~izxzum ~ paints} ~. r~,ccess {ma~irnttzla ;~ points} 3. Transfer of` Ue~relnpment Rights {maxizrtLrzxz. 6 paints) ~. [,t7Llllt~' I'nlic~° Goals {1 pt. each far a maarnum of 2 paints} lvl~Xllv7Ul'~~Z l'UE3L.IC~ BENEF'I'T l~~'I'lTvrG {P131~} = 1? paints I~~IINII~~IJM l'LIB'[/IC BrIrIEFI`T' RILTINCi = a paints tiS'ection YIL C'lcrs,s'~catir.~n I't`nccr~'zr~e l'he task ofthe Bcsard of County Conlmissianers ~~«'llcn revie~Tin~ an al:+plication for open space cLtrrcnt use assessrztcnt is to assi~z~ a Public Benefit l~atin~ {Pk3I~} using llze rating systczxz in Scotian Vl. A. Mote: ~'he Pl3R has been or~ani~ed in an asscssrnent ~~~orlcsheet far the purpose cif ccan~~eniencc 1 ~. ~~he tolln~~'ing scctian of Resaluticzn 7ti-45 ti~-Mich amended lticsolutian ~2a91 Teffcrsan C;ortnty C)pen Space "l,aa PrE~;_~razn apple tc~ this application: SEC;~"IC)N 1 V. l3. fi. "tidelands, Sliarelands, aa~d Buffers 11z1c~ic~~elap~=cl buffers alan~ marine slzarclines and ac~z~4~culture ticlelazlds ~~ualify fc~r special coaasiderata«n unc]er the Public Benefit Rating System. In adclitian to paints accumz.~latecl in Section ~'I.t~_ of the prograz~l, t11CSe l~rr~perties v.ill !~e ass~ntd bc~ntzs paints as folloti~;s: 2} Un~~listurbed Shareland Buffers Lndisturbed zane of native ~~e~etation, adjacent to zt~arine ti4aters, of zzo less then 2C~C1 feet. ti~icle and 2~[3 feet deep anti backed by classified oz` dcsibnated foz`est lands {RC~,4~'~~. i ~.fl ~~ {?}] or ~,pe.~ space trt~ber land [R~;w~~, ~=1.~4,0?[l{3}]. A11 characteristics nitzst be c;antinuously maintained to recei~°e bonus paints. l 1 17aints Grote: Tito PBI~ has k~eeza ar~aniLed in an. assessrrzezzt •s~'orksheet far the purpose of cc~n~=enience {E~lzibit ~ 2.7}. 1{ An area crassine.~ the sul?~ect parcels adjacent to tlae marine sharelinc measuring approximately 3Ef3 feet ~n'idc atzd ?C1(~ feet sleep (approximately 1.65 areas:) meets the aht~v~e criterion as it is ~~[L,~.12-i]Gl~U8'CLi ~ E 2-~i0Ui71 Page 7 of c} nrian EYng~enb4[ck Gurr~nt LJse `1'ax Ascss~~:ent L~nclisturbed native vegetation anc~, upnn approval of~the C~peal Space I'intber appli;:ation. iviil I=re hac};,e~l by open space timberland. ] 7. Total Point Evaluation - Lased upon the above evalLration the 1.C?~ acres adjacent to the marine slxoreline would I?e elisil?Ie; for 1 p paints total on the 1.fi~ acres. Based on Sectit~n ~'I. C". this «ould grant a CLrrrent t~sc ~~'alue of lL7`% of market v°alue on this portion of the ~~~, l?arcel~ S'fA1~'F R).~Cf7itiZ[~![~:=:~'~l~~Ti~}:~ Based on the above fztdirxE?s. analySls, and cc?Ilclusions, the ~~ppiicati~~r: tear enrollrnerzt ir_ tr~e .1el:ersc.7n C'ouzlty Open Space `l a~ Prosrarn as C)}~ren Space"i-znxberlands and (_?pen Sp<~c~'Upen Sp3Ci; l.an~}s Cz:rz-r~ertt tJse rlssessnxcazt as descril~cd in this report, is lxeret?y recorrzzncnded f~?r 1~P)I'Rf31'~~I: subject tE~ the follo~rine~ conditiorEs: F~FC.(31•I.~1END1=',U f"f.)~iT)i`>r'Tf)`~!5 T}~~ property otivrtcr sl?all lxire a Certified ,~'orester to inspect tl~te area iderztitzed in the l'iniher ilifarta~enxent I'lazx as "Stared ?" to verify tlxe survi~ al rate and to replant trees, if necessary, to ensure the area provides lc~n~~-terra c~?mmercial tiznl?er producti~ ity~. ,<~.iter tiZe i.nspectian. tlz Certi~icd Forester shall sularnit rin irtspectic?n reprrrt to the .lefferson ('.ourrtr~ rl.ssessar`s C3ffic~. ti~~ith the results of the inspection anti any' actions tlxat need to be taI<en." ~. As reelLtired iz?.fart. I, Scctc~tx 1. L of Resolution ~?-t~]., prior to ~rppr-t-z~;•al, the apzn,licarxt. sl?.ail provide certification of "no del.izxc}Lrcrtt l~z-operty tai." issued by the Jefferson C'c?r~nty~ l`t-easLlrer. lpprovai ~~=ill be denied iftlxe lands?~,vncr- }rtts failed to satisfy arty pud~znezxts Jeflcrscarr Counts has t?btair~cd a~aizxst the Iando~~°ner, or if tlxe lttndo~~xlcr c}~~c~.s any fet to Je:fiFerson C:ounPv, or lxas_ failed to pay fret#ic Lines or }~cnalties oftlxe Jefferson C"cjtlnty 1)is~rict Ce?uz-t. :?. Throu~~hc~ut its terra under I~itrz}~erland ~.l'a;~ Classiticatiern. t.ho pre?l~erti~s sha11 bL rztatxa~~red ire ~rccc~rdancc rE°itlx tl?.e Timber tilazia~~err~cnt Plazx clate;l ~~,xuarv ; ~ ?n a ~ a ` ~, _ ~ =1:t4~ SrL necl 1?y ,loltn Fleas, Fozester ors ]anuary° ~ I, 'cal?. ~(F:~hibits ,+ 2(}}. 4. All subsc~uezxt timber harvest activities shall be c«nducted in accordance ~~•itlx tlxe 1~'ashin~~ton State Forest Practices 1~.ct. `~ ~. Prior to azxy st~tisec}trent tinxber ha~n•est ~rctivity, tfac. ~xl?plicant shall obtain tlxe apprnpri~xtz appr~?vals #rorta tyre Jetferse?n C;~t:Enty U~paz.-tment of C'otttnntrtity Development. d. its loner as the parcels are in the Open Sl~acc Open Space 'I,alatiorz f roL.xrazn, the prof?ei~y, o~vracr slxall leave tlxe area ?~0 feet deep nxeasurcd pez~?endicular from the ordinary ltii~fx ~~~itertnap~[.~ cif tlxe nxarine shor-elizxe and meastrr~izx~ ~~?[J feet wide uzrdisturbed. - 7. ~I he al?plicant shall ezxtcr. into t«~o Open Spice "I~aYatic~ra ~1~rcernezxts ~r~rtlr tlxo JelFersr~n C:orrrtt~ Loard of C:otznt~- Contznissiorxers, One Open Space "I'a_~ =~~r-eerzxent shall aclclress the area ~~~ithin the Opeza Space Tiznf?cr l?rc7~rram and the second C)pen Space "l-axatio.n .~,¢reenxent shall adcir~css fete area ^~~~itltirz tl e C)pert Space Open Space 1?r-o~ran~. "l-he cxecutecl ayreentents shall be recorded E] ~'~I t~~ioC+BCr!:11`'-nn~Jd3 ~~fi~ir.'.~n?>re-~huc:~ C'i:rrenr {; 4c Tax •4ssess?ne~t+. ~`~`~ ~ °~ ~j at the expense of the applxc~~nt. ~. "i~he owrner shall oi~tain the appropriate pern3its for foresir~ from. thy: i7epartrnent ef~aturai Resources anci coznplti z~'ith tk~c critical aria reciureznents per state 1a~v. ~. r~nr c~izlpc.nsatiaz~.~ t~~~ clue 1i the tE1"Ile c~l`tl~G trarasier shE-~li h~ paid iz1 frill. l'reparca ~~' P1~c~ject Flannel-, Lt~e .Ann Laarlp, .?~u~~ast 31, ?(}12. Page 9 [~_` 9 1~tL,1 l 3-l'lU0(l$+ L' [ ].413-o41gf_1 l f3ri ~G~ l.n«;~~z7huvk Curresiz EJsc `1.tx .1tis~ssns~nF ~~~~~ l~ f LS~ JEfF~FiSi]lii IX1UYIlf allllary 1 c~ ~ ~ {} l ~, 3effersoxz County I)epartznent of Comzx~unity Development h21 Sheridan Street fort Tc3~vrzsend, 1'~'a.- 9~36~ ~'imber Nlanagcment Tian Parccis f0132300~ ~ 60132 x(}10 13nan l~o g genbtlGl~ YC? 13ox $7S I~aTT"IIlgtnn, 'L~V!"~. 982~}l ~~~~_~lµ~~i~,~i ~9 _' { '~ {s7~ [ ` ;J„ 4J P 1 . rr I A IJ Lf'Fl_~,..- - -L fi't` .. "lie subject properties are 5 & ~ acres that are contiguous. TIIe l.)ahob bay frontage 1.G~ acres ~~~as submitted for czpcn space- ~[~hc remaining upland portion. 11.3 acres is submitted for timber classification. Legal descriptio27 is attached- ,applicant objectives : 7'inzber n~anagemezzt and wildlife ezthanceinent. "1'I~e properties boundaries weave established via licensed sun~ey for a tir~zl7er harvest in 20{)~). The property is physically accessible via Siezxa trails a private gravel road. "fltere a2'e two distinct timbered stands ~,~ithin the fo2`ested acreage. Stand 1} The east.. 2i3 cif property,. is a naturally established C;onifer,( Douglas fir, ~len~locl: ~ '~zvesiern red cedar) and h~zz-dwood,( lied Alder & Vfadrona) stand. There Is scattered I)ou~;las :fir in this stand fit) ~, years old. The majority nf~tlie wood being 3(}-F years old. Stand 2} "Che west 11 ~ of t17e property cozasists of planted 3 year old Uauglas fir. (see attached Inap ) The topography, the east 2l~rds of the property is t~znstly level ~nrtl~a gravel c~ lo~nny soils and above. average drainage. The ~~~est 11 i of` the prc~l~crty clrr~ps steeply to Dabob bay. A [~~.~- ~f'echllical repot-i of ?{)0~ dos~'ribes tl~c soils as Ulacial ~~ith nta rock ntiit~rops. l'lie 1=~:ast 2f i of the property' z~'a.s thinned with grouz~Id equipment in 2~1Q~~. Tl~ze west 113 was logged via even aged harvest in 2009 using hi;~lz-lead. Che even-aged harvest area of the property was replanted b}~ .f~esc3zirce Rene4val i21 201 D ~vitl~ 2 ~~ear old )ouglas fir. l're-coinxnercial thinning in 2{)~4) ~-,~" U~~_ -~ (;~ TY`,CLh.~ )=.ven a~a harvest 2[~~2 LTsin~ ground based ~quiprn~rlt can eastern Z,i~.) Ii~h..i~,ar~ on western 113 of srrbject property. Subject to seasonal restrictions to limit z-uttin~,carz~pactic~n anal sedizrzent delis°eries to 1~)abal-r 1?ayF. lrzsect ~ disease control, ~ l~atire see:rr z~a serious specific patlxogens or diseased tz-ees an the property.. k`ar the rrrost part NW faresis are reltztiv-ely unaf#ectecl by insect pests. Fl~lre main strategy far insect control an this site is rrraintainin~~ biaslivcrsity of tree species ~incl «°ild}l.fe habitat to enco~erage a variety of insectiw°c~res to keep populatinns in bal<3nce. There is na existing farest nlana~cznent pl~~n for the land separate fror~~ tl-us tir~~l~er r~ana~ena.ent plan. The land w=as purchased in ?ta(7f~ There has br;en no livestock ~ra~izt~ c.~ra tl~e }arzd ~l he land is in ccrn~pliance ~vitla the stockiri~ ,trees per acre,~vccd control anal farest debris abatezncnt pravisic~ns o:t Wa. ~'1"'A l~C"~'V 7G.C14.61 f.) Tl~.e local fZre departnZezzt is about 3 rrziles ii«n~ the property. In tl~e case oFl~iz-e ianda~vncr will call 911 ar 1$DOS~~?64l l~ fo.r state assistar~cc. ~[`l~c land is not. subject to a lease,option ar other right that w~arzld pc.n~zit i.t tc~ be used for purpc3ses atlrer than grt~win~ tizxzber. '~Fhe a.ppIcani is aware of the potential tai liabilities invalwerl when the land ceases to be classified as tirrabcr land. "1"ire ~~pplic~~nt has. lob=fed ~ aw~r~ed I~urcl far aver 2{i years. Sincerely, ~~ ~~~t_ _~ ,~ ~" ~~ ~ S `~ ~f-- ~~ r~ ~ \, - ~:~ ~ ~~ ~ ~ ~, ~ ~ ~ ~ c T ~ G ~ _ ~ r~^1~~ J piton" ~ 5ar~h 3G0 feet crft~ ~ I1~ of ~ 3, artd the Soh 3~ f~ of the = Sct~ I~ of the ~~~ 114 a~t~ ~ ~1A~ ~~~ 32, Trip ~ Ncxth, ~ ~ ~'~ ofd ~iV~m~e Mexi+~ Sitn~ i~ ~ ~ of ~~~, S#a~e of W~~- - .~• `' ~ , ~~ -~ ~ C7k'Ei~ SPACE C'CTk~I~NT USE "1'A?5: ~~SSESSI'1F,NT ELJE3LIC EENEFI`I 1~.~'IINCY WC7X~KS~~EET Applicant_~~~ILc~_ U+GJ~7G~ Phozae: - - ~:~s ~ ~~ Site Acltlress: _ ~~ ~ ~ ~ _._~G~'.f ~ , HIGH P~~1C)~ITY P~~S~)L;RC~S (Z paints. each} Significant ~'Lrchaealagical and Historical Sitar Significant Ge~rlagic and Slzarelt7e l~e~~tures H€;lz i'rioz~ity Givetlancls Hi l'riorit}~ Sharelines S~Zi#icant l'isl~ arzd i~~'ilcllife Habitat Areas Special Animal atxl Plant Sites Public G~Tatcr Supply L~v'atershec~s Surface ~' ater Quality F3ufler .areas Fltiodplains L~r'han C7pen Spaces ACCESS LTnlirriitecl Public Access (suns required) Restricted Access due to L:tzvirekntnental Sensiti~~ity~ Se1rne Public Access (l point each} 'T`otal Access faints (~ Nla~inzum Pai€~ts} TRA~SI'ER QF DEVI~L~I'~~IlrN`I` RICPHTS ('T'i7R} Can~~ey°ance retarded v;~ith the Auditor Total TrJI~ l'oiirts (~ ]4~laxinrun~ Paints) Ct7L.~T~' l'C1LiC'~' GOALS (1 faint each} IiTrplerzlents Je~fersan Count}~ Parks, Recreation _ and Open Space Plan Pro~~ides bufi~.r bet~~~een c+~~ztflicting uses Lizrii.ts aci:esti, cangostion and strip-c;atntnercial _ L}e~•elol~nzent Presez~~es con~idors far t~tiiro public roads -- Fnl~ances the value to the public of abutting ar aiei3llboring zriture reser~~atiazi, 5aatctuaz-ics, ar other open spaces Assists in itTlplenzenting tl~e Jcftersai7 County -- Contl?rehensivc flan by establil~ing open space con-idors ~~etG~~een urlttiiza ~,Sra~vth areas ar by retaining fish and «~ilclli#c llat~itat Total C.t3lllltl' Policy! Goals faints (? Nla~inizzin. Perrot;) FuYrlic ~3enefit ~i1t911€, L1~'orl:slleei ~~ P ige 1 of 2 Tlnrz,.~l~~r~s; Sf1C)RLb~11t?DS, ~.~~ Bt~r~l-r~.s LTnrle~elopeci ~l~orclancls Buffers (_i p~~ints} LJndcvel~pcd zone of ~°c~etation, ac3jace~~t to marine ~~-~~ters, of no less than ?[)C] fcct deep. Ui~de4 elnperl nacans no pez~rnanent n~a~-i-n~atle alterations to t.l~e land. Undist~~rbed 5horelands l~~~ffers adjacent to rria~-inc Undisturbed zone of ttati~e ~~c~etati~}n, adjacent to marine ~~°aters, of r1o less than ?{]f7 feet ~r•ide anc ~~0 feet deep anti backed by ~:lassifted ar designated forest la~~rls [k[_'L~"~d.33.03~(~}] nr open space tiin~~er land [R.C~~ b~.3=~.U20 ~3)]. All cl~t~racteristics rntist be c:ontin~~ously maintained to rccei~•e l~o.nus poir7ts. Aq~~ia~cultureTidelancis (1 i points} Tidelands G~sed for con-~rr~ercial ~-o~vth and .l'iaivest of rul~.~atic plants tend animals. l'otal Tidelands, Sltorelartds ~ Buffers Points _~_ T+DTAL F'U~3I:i+C' ~3BNEFIT R_~_':~'~NG F[71~ ALI, LA'I~I+',Gt}RIFS _~ '',--. (.1 i. ~ ~. Public Bcriefrt Rating L'w'aa~sli~et P~~e 2 of `' p~~'~ i ~~ ~ ~~ ~. ~' ~~ iii ~~ 1~ '~. ~ ~~ ~~ ~ ~3.`T l .C~'~,.~.! +~ ~ ~ ~ ~ G.~:. P.(7. F3czx 571 -Pont T~~~nsei~cl, Washitz9tor~ 9$:ii3~ Email: ~i-~vrrs±ci.?~o jeftez's©n.tiva.~is ~.~,~~ ~~ .c~~ers~zi.~;v<~.tis iudith F. It,•7oz~ is Treasurer (~ GO)3 g-9 i 54 Janet ,~. I-Inlbrorr~: - Cize[~ 17cp~at~ (~bU} 3~~-3151 ~rrF~~saru corrrdrr TREASURERS CERTiF1CATE QF TAXES PAID ~N REAL PRC7PERTY Parcel Numbers: 601323010 601323003 awners: Brian Rc~ggenbuck PCB Box 878 Darrington, WA 98241-0878 I hereby certify that the property taxes on the parcels} 9isted above have been paid in full so there are no outstanding or delinpuent taxes. This 11th Day of _ December 2012. ,7anef Halbro©k, ,~efferson County Treasu When Reoorded Return ta: Jefferson County Department of Carnrnunity Development 6~1 Sheridan Street Port Townsend, WA 9~3~8 QPEN SPACE TAKATION AGREEMENT CH.84.34 RCW (To be used for "L pen Space", "Timber Land" Classification car "Reclassification" CJnly} Grantors}: Jefferson County Grantees}: Brian Roggenbuck Legai Description: S3~ T25 R11N TAX 3~ and TAX 33~Excluding from each parcel the area adjacent to marine water, measured perpendicularly 2~fl feet from ©rdinary High Water Mark} Assessor's Property Tax Parcel or Account dumber: 6C11323C1~3, 6~J~ 323t71 f~ Reference Numbers of Documents Assigned ar Released: NIA This agreement between Brian Roggenbuck hereinafter called the "t7wner", and Jefferson County hereinafter called the "Granting Authority". Whereas the owner of the above described real property having made application for classification of that property under the provisions of CH 84.34 R~VU. And whereas, bath the owner and granting authority agree tc~ lin-ait the use of said property, recognizing that such land has substantial public value as open space and that the preservation of suc}~ 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: ~^ Open Space Land X Timber Land ~9ow, therefore, the parties, in consideration of the mutual covenants and conditions set forth herein, do agree as follows:. ~ . During the term of this agreement, the land shall be used only in accordance with the preservation of its classified use. 2. hlo structures shall be erected upon such land except th©se directly related to, and c©mpatible with, the classified use of the farad. 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 wifihdrawn 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 she files a request to withdraw classification with the assessor. Two years from the date of that request fhe assessor shall withdraw classification from the land, and the applicable taxes and interest shall be imposed as provided in RC 84.34.D70 and 84.34.108. ~. 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 shalt be subject to removal of classification and 6falale far applicable taxes, penalties, and interest as provided in RCW 84.34.080 and RCW 84.34.108. ~. A breach of agreement s11a11 not have occurred and the additional tax shall not be imposed if removal of classification resulted solely from: ta} Transfer to a governmental entity in exchange for other land located within the State of Washington. Ala} 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} C7fficial 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.. fie) Transfer of land to a church when such land would qualify for exemption pursuant to RC1N 84.38.020. #) Acquisition of property interests by State agencies or agencies or organizations qualified under RCW 84.34.210 and 84.84.130 See RCW 84.34108(5}(f}. (g} Removal of fond classified as farm and agricultural land under RCW $4.34.020(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 84.34 RCW. This agreement shall be subject to the following conditions: SEE ATTAGHEQ EXHIBIT "A" It is declared that this agreement specifies the classification and conditions as provided far in CH.84.34 RCW and the canditic~ns imp©sed by this Granting Authority. This agreement to tax according to the use of the property may be annulled or canceled at arry time by the Legislature. BATED JEFFERSQN C©UNTY BQARD C1F CC~MM15SIaNERS Jahn Austin, Chair Phil Jahnsan, Member David Sullivan, Member As the awner~s) of the herein described land llwe indicated by mylaur signatures} that I amfwe are aware of the potential tax liability and hereby accept the classification and conditions of this agreement. ,~ ,,~ ~. f ~ ~ ~ ~~ DATED ~ ~ ~. ~ ., '7 ~ ~ 7 ~ ~,~~,~.-~-T° i ~.-` Must be signed by ail owners) Brian Raggenbuck Exhibit A The property owner shall hire a Certified Forester to inspect the area identified in fihe Timber Management Plan as "Stand 2" to verify the survival rate and to replant trees, if necessary, to ensure the area provides long- term commercial timber productivity. After the inspection, the Certified Forester shall submit an inspection report to the Jefferson County Assessor's ©ffice with the results of the inspection and any actions that need to be taken. 2. As reguired in Part I, Section 1, B of Resolution 82-g1, prior to 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 dry 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 ar penalties of the Jefferson County District Court. 3. Throughout its term under Timberland Tax Classification, the properties shall be managed in accordance with the Timber Management Plan dated January 18, 2012 and signed by Jahn Haas, Forester on January 31, 20712. (Exhibits # 20~. 4. All subsequent timber harvest activities shall be conducted in accordance with the Washington State Forest Practices Act. 5. Prior to any subsequent timber harvest activity, the applicant shall obtain the appropriate approvals from the Jefferson County department of Community Development. 6. As long as the parcels are in the Open Space fJpen Space Taxation Program, the property owner shall leave the area 21]0 feet deep measured perpendicular from the ordinary high watermark of the marine shoreline and measuring 360 feet wide undisturbed. 7. The applicant shall enter into two Open Space Taxation Agreements with the Jefferson County Board of County Commissioners. Cane Dpen Space Tax Agreement shall address the area within the Open Space Timber Program and the second Dpen Space Taxation Agreement shall address the area within the Dpen Space Open Space Program. The executed agreements shall be recorded at the expense of the applicant. 8. 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. 9. Any compensating tax due at the time of the transfer shall be paid in full. ~~k~~ ~ Wren Recorded Return to:. Jefferson County Department of Community ^eve~opment 621 Sheridan Street Port Townsend, WA 88368 QP'EN SPACE TAXRTIC]N AGREEMENT CH.84.34 RCW (To be used for ``Open Space", "Timber t_and" Classification or `Reclassification" Only) Grantors}: Jefferson County Grantees}: Brian Roggenbuck legal Description: S32 T26 R1 W The area adjacent to marine waters, measured perpendicularly 2~?a ft, from Ordinary High Water Mark within the following described parcels: TAX 32 and TAX 33 Assessor's Property Tax Parcel or Account dumber: 6f11323a63, 6D13~361D Reference lumbers of ©ocuments Assigned or Released: l1A This agreement between Brian Roggenbuck hereinafter called the "Owner", and Jefferson County hereinafter called the "Granting Authority". Whereas the owner of the above described real property having made appiicatipn for classification of that property under t}~e provisions of CH 84.34 RCW. And whereas, both the owner and granting authority agree to limit the use of said property., reGOgnizing 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 far: Open Space Lend ^ Timber Land CUow, therefore, the parties, in consideration of the mutuaP covenants and conditions set forth herein, do agree as follows: 1. During the term of this agreement, the fend 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 of the 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 herefo. 5. VlJithdrawal: The land owner may withdraw from this agreement if, after a period of eight years, he or she files a request to withdraw classification with the assessor. Two years from the date of that rec;uest the assessor shalt withdraw classification from the land, and the applicable taxes and interest shall be imposed as provided in RC1N 84.34.078 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 (~}, (7}, or (0}, 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 RC1N 84.34.080 and RC1N 84.34.108. T. A k~reach 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. (i~} 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) Officiai 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 farad would qualify for exemption pursuant to RCW 84.30.020. (f) Acquisition of property interests by State agencies or agencies or organizations qualified under RCW 84.34.210 and 64.04.130 (See RCW 84.341085}(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 fond described in this agreement. Q. Reclassification. as provided in Chapter 84.34 RCW. This agreement shall be subject to the following conditions: SEE ATTACHE[3 EXHIBIT "A" It is declared that this agreement specifies the classification and conditions as provided for in CH.84.34 RCW and the conditi©ns imposed by this Granting Authority. This agreement tc~ tax according to the use of the property maybe annulled or canceled at any time by the Legislature. [SAT E JEFFERSON CC)Uf'~TY BC~ARL QF CQMfViISSI~DNERS Jahn Austin, Qhair ^avid Sullivan, Member f~hil Johnson. fVlember As the owners} of the herein described land Ilwe indicated by mylour signatures] that f amlwe are aware of the potential tax liability and hereby accept the classification and conditions cif this agreement. r DATED r<Must be signed by all owners} ~j J ~~ f' / ,-~ ~ ~' Brian Roggenbucf< ,_~~, Exhibit A The property owner shall hire a Certified Farester to inspect the area identified in the Timber Management Plan as "stand 2" to verify the survival rate and to replant trees, if necessary,. to ensure the area provides long- term commercial timber productivity.. After the inspection, the Certified Farester shall submit an inspection report to the Jefferson County Assessor's C)ffice with the results of the inspection and any actions that need to be taken. 2. As required in Part 4, Section 1, B of Resolution 82-91, prior to 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 Caunty has obtained against the landowner, or if the landowner owes any fee to Jefferson Caunty, or has failed to pay traffic fines or penalties of the Jefferson Caunty District Court. 3. Throughout its term under Timberland Tax Classification, the properties shall be managed in accordance with the Timber Management Plan dated January 18, 2012 and signed by John Naas, Farester an January 31, 2012. (Exhibits # 20). 4. All subsequent timber harvest activities shall be conducted in accordance with the Vllashington State Forest Practices Act. 5. Prior to any subsequent timber harvest activity, the applicant shall obtain the appropriate approvals Pram the Jefferson County Department of Community 'Development. 0. As 4ong as the parcels are in the Open Space Open Space Taxation Program, the property owner shall leave the area 200 feet deep measured perpendicular from the ordinary high watermark of the marine shoreline and measuring 3G0 feet wide undisturbed. 7. The applicant shall enter into two Open Space Taxation Agreements with the Jefferson County Board of Caunty Commissioners. One Open Space Tax Agreement shall address the area within the Open Space Timber Program and the second Open Space Taxation Agreement shall address the area within the Open Space Open Space Program. The executed agreements shall be recorded at the expense of the applicant. 8. The owner shall obtain the appropriate permits far forestry from the Department of Natural Resources and comply with fhe critical area requirements per state law. g. Any compensating tax due at the time of the transfer shall be paid in full. Attachment #8 .~,~ ;~ ~- Open Space Timber Area -Excluding from each parcel the area adjacent to the marine water, measured perpendicularly 200 feet from Ordinary High Water Mark (area shown approximate)