HomeMy WebLinkAbout021014_ca05Consent Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
fi
FROM: Carl Smith, Directo J
Stacie Hoskins, Planning Manager
Zoe Ann Lamp, Associate Planner,'DRD Lead
DATE: February 11, 2014
SUBJECT: CURRENT USE ASSESSMENT - OPEN SPACE /OPEN SPACE. The request is for
classification of 103.00 acres of approximately 135.00 acres as open space /open
space under the Jefferson County Open Space Tax Program and RCW 84.34. The
property is commonly known as the Janis Bulis Preserve. The Jefferson Land Trust
holds a conservation easement on the entire 135.00 acres which is recorded under
AFN 574612. An old homestead (Andrews Farm) is located on the South half of the
property and will be maintained in a state of repair that preserves its historical
integrity. This proposal requires a recommendation for inclusion in the tax program
by the Jefferson County Hearings Examiner and a signed open space tax agreement
with the Board of County Commissioners. (MLA13- 00055 /CUA13- 00001)
ATTACHED:
1) Hearing Examiner Report and Recommendation
2) Development Review Division Staff Report to the Hearing Examiner
3) Open Space Current Use Tax Assessment Worksheet
4) Treasurers Certificate of Taxes Paid on Real Property
5) Open Space Tax Agreement for Open Space Open Space
6) Map of subject parcels with approximate program boundaries
STATEMENT OF ISSUE:
The proposal involves adjoining parcels owned by JLT Resources LLC. The total of the subject
parcels is approximately 135.0 acres located approximately two miles outside of Port Townsend,
WA at 260 Old Fort Townsend Road. The request is to place approximately 103.00 acres of the
135.00 acres into the current use taxation assessment as Open Space /Open Space under the
provisions of RCW 84.34 and Resolution # 82 -91 and Resolution # 75 -95.
Throughout the application process reference was made to two parcels 001211003 and 001214002.
Upon review of the Open Space Tax Agreement, the Assessor's Office requested the tax agreement
refer to a third parcel number (parcel 001213001) which has been assigned for tax purposes only
and does not show on Jefferson County GIS mapping. Parcel 001213001 refers to the area of parcel
Consent Agenda
001211003 owned by Jefferson Land Trust but covered by a Life Estate for Earl and Carol Kong.
The area covered under the Open Space Tax Agreement is the same as the area that received
review.
ANALYSIS /STRATEGIC GOALS /PROS and CONS:
The Jefferson County Hearing Examiner conducted an Open Record Public Hearing on November
26, 2013 considering the request of JLT Resources to transfer 103.00 acres into Open Space /Open
Space under provisions of RCW 84.34 and Resolution # 82 -91 and Resolution # 75 -95.
The heart of the analysis for an application under the Open Space Tax Program is the Public Benefit
Rating System. The Hearing Examiner reviewed the staff report, testimony and the Public Benefit
Rating System worksheet and concurred with the staff evaluation and assignment of 12 points for
the public benefit rating. This public benefit rating is sufficient for enrollment of 103.00 acres in the
Open Space Tax Program.
ALTERNATIVES:
The requested action is a Board of Commissioners legislative action. Options are:
• Approve the applicant's request to designate 103.00 acres for current use tax assessment as
Open Space Open Space.
• Remand to the Hearing Examiner
• Deny the application
FISCAL IMPACT /COST- BENEFIT ANALYSIS:
In exchange for transferring and designating the 103.00 acres for current use assessment, the
property owner will receive a benefit of reduced property taxes; the public will benefit in long -term
open space of the subject property.
The Public Benefit Rating of 12 points provides a Current Use Value of 10% of market value for
the 103.00 acres enrolled in the Open Space Open Space program.
RECOMMENDATION:
Per the recommendation of the Jefferson County Hearing Examiner, staff recommends the Board
approve the reclassification of 103.00 acres to Open Space/Open Space subject to the applicant's
compliance with conditions and entering into an Open Space Taxation Agreement with the
Jefferson County Board of Commissioners and recorded at the expense of the applicant.
Date
OFFICE OF THE HEARING EXAMINER
JEFFERSON COUNTY
CASE NO.: Current Use Tax Assessment
Open Space/Open Space
MLAII 3-00055
OWNERS: JLT Resources LLC
P.O. Box 535
Port Townsend, WA 98368-0535
CURRENT USE ASSESSMENT - OPEN SPACE/OPEN SPACE, Reclassification of
103.00 acres of approximately 135.00 acres as open space/open space under the current
use tax assessment program RCW 84.34. The property is commonly known as the Janis
Bulis Preserve. The Jefferson Land Trust holds a conservation easement on the entire 135
acres, which is recorded under AFN 574612. An old homestead (Andrews Farm) located
on the south half of the property wifl be maintained in a state of repair that preserves its
historical integrity.
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:
I � • � I i I I I �ii � I I I • �� w �
Parties wishing to testify were sworn in by the Examiner.
1 x
ZOE ANN LAMP appeared, presented the Department of Community Development Staff
Report, and testified that the site consists of two parcels presently designated Forestland.
The applicant proposes to reclassify 103 acres of the 135 acres to open space/open
space. The application is exempt from review pursuant to the State Environmental Policy
Act. She has received no comments from agencies or the public. She referred to Log Item
13, the PBR Worksheet, and recommends approval of the reclassification and the approval
of 12 points subject to conditions of approval.
SHERRIE SHOLD, Jefferson County Assessor's Office, appeared and testified that she
concurs with the Staff Report, with the 12 points, and also recommends approval.
SARAH SPAETH appeared on behalf of the Jefferson Land Trust and testified that the trust
has preserved the parcels for the past ten years and wants to transfer them to the Trust
Resources. The 135 acres is in Forest Preserve and they will retain five acres for the
homestead and the balance of 27 acres for forestry uses. The 103 acres will join with the
State park and the Mill properties and together will preserve about 750 acres in open space.
They have established a trail system that they will expand, especially when the occupants of
the home move out. The parcel contains pocket wetlands and critical plant species. They
will now manage the 103 acres as open space and not for forest products. She has no
problem with conditions of approval and no problems with the Staff Report.
No one spoke further in this matter and the Examiner took the matter under advisement.
The hearing was concluded.
NOTE: A complete record of this hearing is available in the office of Jefferson
County Department of Community Development.
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 review under the State
Environmental Policy Act (SEPA) pursuant to WAC 197-11-800(6)(c).
1 RCVV 84,34,037 requires noticing ten days prior to the public hearing. Notice was
mailed to adjacent property owners and agencies on November 12, 2013, and
posted on the property November 11, 2013. Notice was published on November
13, 2013, in the Port Townsend- Jefferson County Leader newspaper.
4. The applicant, JLT Resources,, LLC, has a possessory interest in 135 acres of
property consisting of two parcels. The site is located approximately two miles
W
south of the City of Port Townsend and abuts the south side of Old Fort Townsend
Road. Both parcels are covered with mature, second-growth forest with the
exception of an historical homestead site. The parcels, known as the Bulis
Preserve, abut the 419 acre Fort Townsend State Park as well as 220 acres of the
Port Townsend Paper Company's conservation easement area. A combination of
the applicant's parcels, the State park, and the conservation easement provide a
valuable, 774 acre, protected area on the edge of the City of Port Townsend. Such
provides a significant habitat corridor and open space area adjacent to urban
development.
5. JLT Resources, LLC, requests a tax reclassification for 103 acres of its 135 acre
ownership pursuant to the Current Use Tax Assessment Program set forth in RCW
84.34 and the Jefferson County Open Space Tax Program set forth in Resolution
82-91 as adopted by the Jefferson County Board of Commissioners on August 12,
1991,
6. In accordance with Resolution 82-91, the applicant submitted a completed
application to convert 103 acres of its 135 acre ownership into the "Open
Space/Open Space" classification of the Jefferson County Open Space Tax
Program on March 25, 2013. The 103 acres are presently within the "Designated
Forestland" classification. The Jefferson County Comprehensive Plan Land Use
Map designates the parcels as Rural Residential (RR1 -20). On March 22, 20,13,
JLT Resources, LLC, entered a Grant Deed of Conservation Easement with the
Jefferson Land Trust, and recorded the deed on March 22, 2013. The applicant will
retain five acres of the remaining 32 acres for the historical homestead and the
balance of 27 acres for forestry uses.
7. Part IV of Resolution 82-91 addresses "Open Space Land" and refers to RCW
84.34,037 that allows the County to consider whether placing the parcel in open
space land would, among other things, conserve natural resources and protect
streams, stream corridors, unique or critical wildlife, and native plant habitat and/or
promote conservation principles by offering educational opportunities. In the
present case the 103 acres provide protection of special plant habitat. Designating
the parcels as open space also implements a Comprehensive Plan goal of
preserving open space.
8. Section IV of Part IV of Resolution 82.91 sets forth the list of eligible resources for
consideration in determining whether a parcel is appropriate for inclusion in the
open space program, Subsection A sets forth "High Priority Resources", and the
site contains at least one such resource as follows:
6. Special Animal and' Plant Sites,
9. Section I of Part IV of Resolution 82-91 sets forth the criteria for open space
"Eligible Lands ", and refers to the definition of the Open Space Tax Act set forth in
3X
RCW 84.34,020, Section I notes that Resolution 82-91 refined the RCW definition
and created a prioritized list of lands that may be eligible for enrollment in the Open
Space Taxation Program, The list includes the following:
3. protect soil resources and unique or critical wildlife and native plant habitat,
5, enhance the value to the public of abutting or neighboring parks, forest,
wildlife preserves, nature reservations or sanctuaries or other open space-,
The proposed reclassification satisfies the above two criteria as it will preserve
critical native plant habitat and will also enhance the value of the Port Townsend
State Park. Section I also sets forth a list of the types of lands that will have priority
for enrollment in the Open Space Tax Program. Said list includes:
5,. assist in implementing the Jefferson County Comprehensive Plan by
establishing open space corridors within and between urban growth areas-,
such corridors include lands useful for recreation, trails, wildlife habitat, and
wildlife habitat connective corridors;
The parcels provide a buffer from the Port Townsend Mill and an open space
corridor useful for trails, recreation, and wildlife habitat.
10. Section III (B) of Part IV sets forth the policies for acceptability of lands into the
open space program. The present parcels meet Policy (13)(2) as the public will have
access to the property at a level providing the highest possible public benefit, which
in the present case is a trail system. The applicant will provide protection from
intrusions that might threaten the existence of a critical plant (the Boschniakia
hookeri, also known as the Vancouver Groundcone). Furthermore, the Jefferson
Land Trust will hold the parcel inviolate against conversion to non-open space uses.
11. Section IV of Part IV sets forth the list of eligible resources for the open space
classification. Subsection A sets forth "High Priority Resources", The parcels
satisfy Resource 6 as they provides "Special Animal and Plant Sites". The parcels
also meet Low Priority Resource 2, "Public Lands Buffer", as they abut Port
Townsend State Park. Section V of Part IV provides a detailed description of
"'Priority Resources" and in Section (A)(6)(b), entitled "Special Plant Sites", requires
that eligible sites must have plants listed in the Natural Heritage data base as
verified by the Natural Heritage Program, In the present case, the Washington
Natural Heritage Program identifies portions of the subject parcels as supporting the
Vancouver Groundcone plant species. Subsection (B) sets forth the "Low Priority
Resources,". Subsection (13)(2), entitled Public Lands Buffer, requires that parcels
providing such buffer must lie "adjacent to neighborhood parks, forest, wildlife
preserves, natural reservation or sanctuaries. Said section also requires that the
W
buffered parcels be in public ownership, or if in private ownership, enrolled in the
open space program. In the present case, the parcels abut the Port Townsend
State Park and will therefore buffer lands in public ownership. The parcels also
qualify as a "Low Priority Resource",
12. Ordinance 82• 91 provides that the value of the proposed open space lands is
determined by using the Public Benefit Rating System (PBR) as set forth in Part IV,
Section I. Part IV Section V11 of the ordinance sets forth the "Classification
Procedure" and provides that the Jefferson County Board of Commissioners acts as
the granting authority and considers the recommendation of the Jefferson County
Hearing Examiner, Section VII also provides:
The task of the Board of Commissioners when reviewing an application for
open space current use assessment is to assign a Public Benefit Rating
(PBR) using the rating system in Section V1, A above.
The County Assessor will then determine the taxable value of the property
using the PBR assigned by the Board of Commissioners and the current use
assessment valuation schedule in Section VI, C above,
The PBR may vary between one point and 12 points. One point would grant a
current use assessment value of 95 percent of market value while 11 to 12 points
would provide a current use assessment value of ten percent of market value.
13. The Community DevOopment Department and the Jefferson County Assessor's
Office agree that pursuant to the PBR analysis the application earns the maximum
of 12 points. The Examiner agrees with said analysis. The application earns two
points as a High Priority Resource based upon portions of the subject parcels
supporting Vancouver Groundcone. The parcels provide some public access and
are therefore entitled to one point out of a maximum three points. The 103 acres
are covered by a conservation easement recorded with the Jefferson County
Auditor's Office on March 22, 2013. Said transfer of development rights earns the
maximum six points. The parcels implement the Jefferson County Parks,
Recreation, and Open Space Plan and are entitled to one point. The parcels provide
a buffer between conflicting uses as they extend from Port Townsend State Park to
parcels zoned Crossroads Commercial to the southwest and are entitled to one
point. The parcels will enhance the value to the public of abutting or neighboring
nature reservations, sanctuaries, or other open spaces and earn an additional point.
Finally, the parcels will assist in implementing the Comprehensive Plan by
establishing open space corridors between urban growth areas and earn an
additional point. Thus, the PBR analysis calculates to 12 points and entities the
applicant to a current use value of ten percent of market value.
I
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.. . . ...... . ..... . .. . ...... .... ........ . .....
The Hearing Examiner has jurisdiction to consider and decide the issues presented
by this request.
2. Based upon the above findings it is hereby recommended that the Board of
Jefferson County Commissioners enroll the applicants 103 acres into the Jefferson
County Open Space Tax Program as Open Space/Open Space Lands Current Use
Assessment with a Public Benefit Rating of 12 points. Such enrollment should be
subject to the following conditions:
As required in Part 1, Section 1, B of Resolution 82-9 1, 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 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. 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.
3. Any compensating tax due at the time of the transfer shall be paid in full.
RECOMMENDED this 10th day of December, 20 f. -?EP H EN K. C A U S S E A U X/,,,,JR'.
Hearing Examiner
IIs
B�Wdirg
JEHERSON m, n4rry
DEPARTMENT OF COMMUNI I Y DEVEI..OPMENT
62 St�(,42'� I PrIl VVeb
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DEVELOPMENT REVIEW DIVISION
STAFF REPORT
TO
THE HEARING EXAMINER
Re: Current Use Tax Assessment PROPOSEI) FINDINGS,
Open Space Open Space CONCLUSIONS, AND
RECOMMENDATIONS
File No.: Mt,A13-00055
Owners: JLT Resources LLC
Project Planner. Zoe Ann Larnp, AICP
SUMMARY APPLICATION AND RECOMMENDATION
Proposal: CURRENT USE ASSESSMENT- OPEN SPACE/OPEN SPACE. The request is for
classification of 103.00 acres of approximately 135.00 acres as open space/open space Linder the Current
Use tax assessment program RCW 84.34. The property is conri-nonly known as the Janis Bulis Preserve.
The Jefferson [,and Trust holds a conservation easement on the entire 135 acres, which is recorded under
AFN 574612, An old homestead (Andrews Farm) is located on the South half of the property and will be
maintained in a state of repair that preserves its historical integrity. This proposal requires a
recommendation for inclusion in the tax program by the Jefferson County I learings Examiner and a
signed open space tax agreement with the Board of County Commissioners.
Site Address: 260 Old Fort "Townsend Road, Port'Fownsend
Recommendation: Approval with conditions. (Recommended conditions attached to this report).
BACKGROUND INFORMATION
Property, Owners: JLT Resources LLC
Property, Location: The property is located approximately 2 miles south of Port Townsend, WA on Old
Fort Townsend Road. From Port Townsend take SR 20 south 2.0 miles to Old Fort Townsend Rd. Turn
left and go 0.40 miles on Old Fort Townsend. Road. The subject property is on the right.
Legal Description: 00 1 211 003 & 00 1 214 002 Section 21, Tovwrnshi'p 3 )0, Range I W, WM, Located at
260 Old Fort Townsend Road, Port Townsend. 9 368
M LA 3-00055/0JA t 3-0000 1 Page 9 of'6
J13 Roources 11'11C
Property Description: The proposal involves two adjoining parcels owned t)y jt,."r Resources LLC. 'The
total Ofthe two subject parcels is approximately 135.0 acres.
Parcel Address Approximate
Size
001211003 Old Fort Townsend Road 130.36 acres
001214002 260 O,ld Fort Townsend Road 4.40 acres
Site Description: The parcels are covered with a mature second-growth forest the exception of a few
acres that are maintained as meadow which contains an old cabin and outbuildings. Refer to F'Ahibit 4 7
for photos taken on a site visit on October 14, 2013,
STAFF FINDINGS & CONCLUSIONS
"Hie subject parcels are Designated lorestland. The proposal would allow 103.0 acres of the 135.0
acres to be reclassified as Open Space/Open Space.
2. The subject parcels are designated as Rural Residential 1:20 (RR 1-20) under the JelTerson County
Comprehensive Plan Land Use Map effective August 28, 1998, as anicrided.
3. On March 22, 2013 the owner, JLT Resources, LLC, entered into a Grant Deed of Conservation
1.?asement with the Jefferson Land Trust which was recorded on March 22, 2013 under AFN
574612. (1,Ahibit 9 6).
4. Development on the parcel is shown on the site plan. (11'xhibit 4 3, page 5 ol'7).
Jefferson County GIS mapping indicates the following critical area on the subject parcels are:
Rare Plants Ecosystems: Boschniakia hookeri (,Vancouver Groundcone).
6. Processing of the application is in accordance with the classification procedures of Part 1, Sections
I and 11 and Part IV, Section VII, ofthe Jefferson County Open Space Tax Program (Res. 82-91)
and RC W 84.34.037.
7. The SUbJect proposal is consistent with the Goals and Policies for Open Space/Open Space Tax
Classification as set forth in the Jefferson County Open Space Tax Prograrn, which in turn is
consistent with the goals and policies ofthe Jefferson County Comprehensive Plan.
8. SEPA Review
The subject proposal is categorically exempt from environniental review pursuant to WAC 197-
11 -800(6)(c),
9, Agency Comments Received
Staff requested comments from Sherrie Shold, Assessor's Office on October 2, 2013 (Exhibit 5).
Staff received comments fiorn. the Assessor's Office on October 31, 2013 and November 1, 201. 3
(Exhibit# 10).
NIL Us-00055i(TA 13-0000 1
JLT kcsowces Ilk'
Pay 2 ol,6
10, Staff Response to Comments
Staff` responded to comments on November 1, 2013 (Exhibit 411) and by correcting the property
owner information can the notices and staff report.
11. Notice of Public I leaning,,
RCW 84,34,037 requires noticing ten days prior to the public hearing.
Mailed to adjacent property owners and agencies: November 12, 20,13
Applicant posted notice on property, November 11, 2013
Publication of Legal Notices: November 13, 2013 (Port Townsend-JetTerson County Leader)
12, Public Comments
As of November 18, 2013 no comments fron-i the public have been received,
13. The following sections of Resolution 82-91 Jefferson County Open Space 'Fax Program ,, Open
Space Lands Part IV apply to this application:
Section I (B) Ltindy Eli giblefbr C'urrenl Use Assessinent c'ty Open Space in Jc�f s n
4,�r o (.'ount.Y.
Any land area, the preservation in its current Use Would:
I . assist in the implementation of the Jefferson County Parks, Recreation and Open Space
Plan; or
2. provide a practical buffcr between areas of conflicting land uses.
3. assist in limiting access, congestion, and strip-corritnercial development along public roads
and highways; or
4. preserve or retain corridors for future public roads which are scheduled for acquisition in
conformance with the County's Six-year Road Program; or
5. assist in implementing the Jefterson County Comprehensive Plan by establishing open
space corridors within and between urban growth areas; Such corridors include lands Useful
for recreation, trails, wildlife habitat, and wildlife habitat connective corridors; or
6. assist in the implementation ofthe Jefferson County Comprehensive Plan through retention
offish and Nvildlife habitat.
Section 11 Apl)licalion
Applications for open space classification shall be submitted to the Planning Department. After all
filing reqUirernents are met, the Planning Department shall assign a date for a public hearing, and
Provide notice in accordance with RCW 84.34.037. Pursuant to the Jefferson County Hearing
Examiner Ordinance, the Hearing Examiner shall hold a public hearing to determine whether the
application conforms with the reClUireirients of this program, and RCW 84.34-, ",hereupon, the
Examiner shall issue his recommendation to the Jefl'Lrson County Board ofCorninissioners for
final legislative approval.
Section 11' List of'Eligible Resources (Those pertinent to this proposal are in bold.)
High Priority Resources 2 pts. each
1. Significant Archaeological and Historical Sites
2. Significant Geologic and Shoreline Features
1 High Priority Wetlands
4, Fligh Priority Shorelines
MLA I 3-0005/0,1A 13-f)000 I P ag e 3 off.)
JUF ResourQws LLC
5. Significant Fish and Wildlife Habitat Areas
6. Special Animal and Plant Sites
7, Public Water Supply Watersheds
8. Surface Water Quality Buffer Areas
9, Floodplains
10 Urban Open Spaces
StXliOn VI ("111-1-e nt UST Valuafion
Public Benefit Rating System
1. Resources (maximum 4 points)
2. Access (maximum 3 points)
a. Unlimited Public Access (signs, required), , , .3 pis cash.
b, Rcstricted Access due to Environmental Sensitivity, 3 pts, each
c. Some Public Access . . . I pt,
3. Transfer of Development Rights (maximum 6 points)
4. County Policy Goals (I pt. each for a maximum of 2 points)
a. Implements Jefferson County Parks, Recreation and Open Space Plan
' * I pt
b. Provides buffer between conflicting uses I pt.
c. I.,,imits access, congestion and strip-commercial development .. I pt,
d. Enhances the value to the public of abutting; or neighboring nature
reservations, sanctuaries, or other open spaces .. 1 pt.
e. Assists in implementing, the Jefferson County Comprehensive Plan by
establishing open space corridors betiveen urban growth areas or by retaining
fish and wildlife habitat ... 1 1)t..
MAXIMUM PUBLIC BENEFFFRATING (PBR) 12 points
MINIMUM Pt.)BL.IC BENI..,'FITRATING = 5 points
Section VII. Chlss fical ion Procedure
The task of the Board of County Commissioners when reviewing all application for open space
current use assessment is to assign a Public Benefit Rating (PBR) using the rating system ill
Section VI. A.
Note: The PBR has been organized in an assessment workshect for the purpose of convenience
(Exhibit # 13,).
A staffevaluation of the rating follows:
High Priority Resources — 2 points each (Total Maximum Points = 4)
Special Plant Sites 2 points
.lefferson County GIS downloads the data sets from. the Washington Natural Heritage Program,
which identifies portions of the subject parcels sis containing Bo,schiiiakia hooked (Vancouver
ground-cone), (Exhibit fl 4, page 3 of'7)
Access — (Total 3 points Maximum)
Some Public Access I point
MLA ] 3-00055KI J A 13-0,0001 Pagc 4 (,46
J I - I Resources 1, l.4'
As stated in the application (Exhibit 1i -3, pages 3 ot'7), "'there is unlimited non-motorized public
access to the power/water right-of-way, and there is limited access to the Preserve during irr
special events. Erika Bulis suggested the remainder ofthe property could have public trails
connecting with Fort Townsend State Park after the lifetime use expires."
Transfer of Development Rights (TDR) (Total Maximum Points 6)
Conveyance recorded with the Auditor 6 points
The two parcels are covered by a Conservation Easement Recorded with the Jefferson County
Auditor's office on March 22, 2013 Under AFN 574612 (Exhibit fl 6),
County Policy Goals — I point each (Maximum 2, points)
Implements Jefferson County Parks, Recreation and Open Space Plan t point
Exhibittl 14 is Chapter 8 ofthe Jefferson County Parks, Recreation and Open Space Plan. By
maintaining most of the 103 acres in native vegetation and second-growth forest, the proposal
implements the Goals and Objectives 8. 1 Wildlife resources and 8.2 Open Spaces and Preserves.
By C011tinUing to maintain the meadow, cabin and outbuildings, the proposal implements the Goals
and Objectives in 8.3 1-listorical Resources.
Provides buffer between conflicting uses 1 point
As described in the application, "The buffering effect ofthe Bulis Preserve for 1 -, "oa-t 'fownsend
State Park is clear: the subject property is zoned RR20, and tfic conservation casement prohibits
further development, so five development rights are extinguished. Although abutting land to the
northwest is zoned RR5. platted parcels there range from 0.4 to 1.2 acres, and parcels on the south
side range from 5 'to 10 acres, though zoning there is RR20. 'aie adjacent property to the
southwest, formerly Courtesy Ford, is zoned Crossroads Commercial. Without the protection of
the BUhS Preserve, rural residential use could extend Lip to the Park's western border."
Enhances the value to the public of abutting or neighboring nature reservation, sanctuaries, or
other open spaces I point
As the applicant describes in the application, "The BUHS Preserve, in conjunction with the 419
acres of Fort To %vn send State Park an(] Port Townsend Paper Company's conservation easement
on 220 acres of` their abutting property, combine to form a remarkable 774-acre protected area on
the edge of urban Port Townsend which has greater habitat corridor and open space values than
any of the three properties would have in isolation. Blocks like this will become even more
valuable as our climate changes."
Assists in implementing the Jefferson County Comprehensive Plan by establishing open space
corridors between urban. growth areas or by retaining fish and wildlife habitat
I point
The Jefferson Land Trust is pursuing a system of open spaces, greenbelts, and wildlife corridors
throughout the county. As stated above, the BUHS Preserve is part ofa 774-acre protected area on
the edge Of Urban Port Townsend which provides a greater habitat corridor,
Total County Policy Goals
14, Total Point l� valuation
NILA I 3-00035/01A 13-0(ftl
.11A, R"ources [ LC
13 points
Page 5 of
Based upon the above evaluation the land would be eligible for 13 points total on the 103.0 acres.
The inaxinium point value allowed Linder Resolution 82-91 is 12 points. Section VI. C of
Resolution 82-91, grants a CLirrent(.-)se Value of 10% of market value,
STAFF RECOMMENDATION
Based on the above findings, analysis, and conclusions, the application fear enrollment in the Jefferson
County Open Spacc Tax Program as Open Space/Open Space lands Current Lfse Assessment as
described in this report, is hereby recommended For APPROVAL, subject to the IbIlowing conditions:
REC70MMENDED CONDITIONS
1, As required in Part 1, 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 anyjudgments Jefferson County has
obtained against the landowner, or if the landowner owes any fee to Jefferson County, or has
failed to pay traflic fines or penalties of the Jefferson County District Court.
1 'Ehe applicant shall enter into an Open Space Taxation Agreement with the Jefferson County
Board of County Commissioners. 'rhe executed agreement shall be recorded at the expense of the
applicant.
3. Any compensating tax due at the time of the transfer shall be paid in ftilL
Prepared by Project Planner, Zoe Ann Larnp, AICP November 18, 2013,
I 3-00055/CUA 13-00,00 V Page 0 of'6
RA' Resources 0 -l'
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OPEN SPACE CURREN'I'usE'TAX ASSESSMENT
PUBLIC BENEFI,r RATING. WORKSHEET
Applicant Plione-
Site 7 17
HIGH PRIORITY RESOURCES (2 points each)
Significant Arebaeologi✓al and Historical Stites
Significant Geologic and Shoreline Features
High Priority Wetlands
High Priority Sborelines,
Significant Fish and Wildlife Habitat Areas
Special Animal and Plant Sites
Public Water Supply Watersheds
Surface Water Quality Buffer Areas
Floodplains . .....
Urban Open Spaces "I'll", . . ....
A(VESS (I point each)
Unlimited Public Access (signs required)
Restricted Access due to Environmental Sensitivity
Some Public Access
LZ
Total Access Points
(3 Maximurn Points)
TRANSFER OF'DEVELOPMENT RIGHTS (TIER)
Convey ance recorded with the Auditor
Total 'I'DR Points
(6 Maxiii-min Points)
(.'OUNTY POLICY GOALS (I point each)
Implements Jefferson (.,ounty Parks, Recreation
and Open Space Plan
Provides buffer between conflicting uses
Limits access, congestion and strip-cominLi-cial
Developinent
Preserves corridors for future public roads
Enhances the value to the public of abutting or
neighboring nature reservation, sanctuaries,
or other open spaces
Assists in implementing the Jeffersoti Comity
Comprehensive Plan by establishing open spa.ce
corridors between urban growth areas or by
retaining fish and wildlife habitat
Total County Policy Goals Points
(2 Maxii-nurn Points)
Public Benefit Rating Workshect Page I of 2
TIDF,'LANDS, S.11010,,,'LANDS, AND BUFFERS
Undeveloped Shorelands Buffers (3 points)
thideveloped zone of vegetation, adjacci,itto rnaire.
waters, of no less than 200 feet cleep. Undeveloped
tricans, no pernianent man-made alterations to the land.
Undisturbed Shorchands Buffers adjaccnt t() marine
I.,hidistAirbed zoric of native vegetation, adjacent
to marine. waters, of no less than 200 feet wide and
200 feet deep and backed by classified or (IcsIgnated
66rest lands [.R.CW84.3,3.035(2)_j or open spacc
tiniber larid [R(,,W 8434.020 (3)], All characteristics
inust be continviously, maintained to receive bonus points.
(I I points)
Tidelmids used for commercial growth and harvest of
aquatic plants and animals.
'Yotal "I'idelands, Shorclands &.13LIffers Points
TOTAL PUBLAC BENEFIT RAIIN(jr FOR M.A., (.,,A'I`P...,(;ORIES
17
hd.-�hc Ben,,fiL Rating M,)ikshect Pav 2 of-2
J 1, '� . . . . . . . . . .
11.0. Box 571 Port Townsend, Washirigton 98368
Email: Ifer'son, VV'R' Us
MI �A V� co, ic fk'N'SOILW�AA [s
Judith E. Mori-is Treasurer (360)385-9154
Janet A. Holbrook Chief Deputy (360)385-9151
TREASURERS CERTIFICATE OF TAXES PAID THROUGH 2013 ON REAL
PROPERTY
Owners: Earl Kong
Carol Kong
260 Old Fort Townsend Rd
Port Townsend, WA,98368
I hereby certify that the property taxes on the parcel(s) listed above have been
paid in full through 2013 and there are no delinquent taxes, 2014 taxes have not
been certified,
This - 27 Day of __ January _— 2014.
Janet Holbrook, Jefferson County Treasurer
J U � J� - ", [? � ( I r
, 1, ( , , ( - :�11 �1' '1� 1 "N" , )", /`,� ,) x.11
P.O. Box 571 - Port Townsend, Washington 98368
Etnail:
Judith E. Morris TreaSUrer ()60)385-9154
Jane[ A. Holbrook —Chief" Deputy (360).3385-9151
TREASURERS CERTIFICATE OF TAXES PAID THROUGH 2013 ON' AAA EAL
PROPERTY
Aw arcel Numbers: 001211003
001214002
Owners: JLT RESOURCES
PO BOX 535
PORT TOWNSEND, WA 98368
I hereby certify that the property taxes on the parcel(s) listed above have, been
paid in full through 2013 and there are no delinquent taxes. 2014 taxes have not
been certified.
This 27 Day • January_ 2014,
Janet Holbrook, Jefferson Cou�nty Treasurer
When Recorded Return 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): JLT Resources LLC
Legal Description.-
The area east of the power line easement within the following described
parcels:
M
M
S21 T30 R1W
GO' LTS 4(S21.16A)& 5(ALL)
E 112 SW(LS S/C PTN)
S21 T30 R1W
East one-half of the Southwest Quarter (5 acre portion)—S/C portion.
S21 T30
•
LOT #4 (N 5A)
WkQ-9=
Reference Numbers of Documents Assigned or Released:
N/A
This agreement between JLT Resources LL C hereinafter called the "Owner", 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 RCK
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:
X Open Space Land El 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 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 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 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 84.34.10 .
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
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
• EN
(f) Acquisition of property interests by State agencies or agencies or
organizations qualified under RCW 84,34,210 and 64,04,130 (See RCW
84,34108(5)(f).
(g) Removal of land classified as farm and agricultural land under RCW
82M��
8. The county assessor may require an owner to submit data relevant to
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.
JEFFERSON COUNTY
Johin, Austin, Chair
Phil Johnson, Member
As the owners) of the herein described land I/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.
DATED 2
(Must be signed by all owners) Owen Fairbank, JILT Resources
. . . ........ . . .. ...........
Earl Kong, Life Estate Carol Kong , Life Estate
F; 9 IT 3 M, U
As required in Part 1, 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 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. 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.
3. Any compensating tax due at the time of the transfer shall be paid in full.
4. Subject to Life Estate granted to Earl Kong and Carol Kong as described in
Auditor's File Number 397113
Attachment 6
M LA13- 00055 / CUM 3 -00001 XT Fbsources
r,k % kkin1'=4 sAAo 4 N MAMA Gds O L6 4§�