HomeMy WebLinkAbout122214_ca01Consent Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator /
FROM: Carl Smith, Director of the Department of Commut�jv Development (DCD)
David Wayne Johnson, Associate Planner DCD
DATE: December 22, 2014
SUBJECT: Current Use Assessment: Classification of 10.8 acres of an approximately 11.58 acre site as
open space /open space under the current use tax assessment program (RCW 84.34).
Applicant /Property Owner: Thomas Hagen and Zoe Durham
Case # MLA13- 00156/CUA13 -00002
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
STATEMENT OF ISSUE:
The applicant owns one parcel for a total of 11.58 acres located at 1590 Toandos Road, situated along the
east shore of Dabob Bay, Quilcene, WA. The entire parcel was protected on November 6, 2013 under a
conservation easement held by the Jefferson Land Trust AFN 580282. The applicant wishes to place 10.8
acres in current use taxation assessment as Open Space /Open Space under the provisions of RCW 84.34 and
Resolution # 82 -91.
ANALYSIS /STRATEGIC GOALS/PROS and CONS:
The Jefferson County Hearing Examiner conducted an Open Record Public Hearing on November 25, 2014
considering the request of the Applicants to transfer 10.8 acres to Open Space Open Space under provisions
of RCW 84.34 and Resolution # 8191.
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 (maximum allowed) points for the
public benefit rating.
ALTERNATIVES:
The requested action is a Board of Commissioners legislative action to approve the applicant's request to
transfer and designate 10.58 acres for current use tax assessment as Open Space Open Space, remand to the
Hearing Examiner, or deny the application.
Consent Agenda
FISCAL IMPACT /COST - BENEFIT ANALYSIS:
In exchange for transferring and designating the 10.58 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 10.58
acres enrolled in the Open Space Open Space program.
RECOMMENDATION:
Per the recommendation of the Jefferson County Hearing Examiner, approval is recommended 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.
REVIEWED BY:
Philip Morley 9 unty Administrator Date
�00 I 12411
CASE NO.: Current Use Tax Assessment
Open Space Open Space
MLA13-00156
Thomas Hagen and Zoe Durham
P,O. Box 639
Quilcene, WA 98376
15•0 Toand• s Road
Ruilcene, WA
ffllflw�, ��
DE C 12
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Classification of 10.8 acres of an approximately 11. 8 acre site as open space/open space
under the current use tax assessment program (RC's 84,34). The applicants executed a
conservation easement in favor of the Jefferson Land Trust that permanently conserves
the property,
VMD�9�21
Approved, subject to conditions.
After reviewing the Jefferson County Department of Community Development Staff Report
and examining available information on file with the application, the Examiner conducted a
public hearing on the request as follows:
The hearing was opened on November 25, 2014, at 2:00 p.m.
Parties wishing to testify were sworn in by the Examiner.
The following exhibits were submitted and made a part of the record as follows:
SEE ATTACHED INDEX LIST
1X
TIM WOOLETT appeared, presented the Department of Community Development Staff
Report, and testified that the parcel consists of 11.58 acres and is located in the RR-5 zone
classification that that allows a density of one dwelling unit per five acres. The open space
assessment will encourage the present use. The applicant has granted a conservation
easement to the Jefferson Land Trust. Staff finds that the parcel has a public benefit rating
of 19 points, but 12 is the maximum. The appi i ca nt proposes to classify 14.58 acres of the
11.58 acre parcel into the open space assessment, leaving one acre for the single-family
home.
SHERRIE SHOLD, Jefferson County Assessor's Office, appeared and testified that the
only question she had was the meadow and whether that area of the property is withheld
for an additional use or is it part of the open space proposal.
TOM HAGEN, applicant, appeared and testified that the meadow area of the parcel is
included within the conservation easement and therefore is part of the 10,58 acres
proposed for the open space assessment. He agrees with all conditions of approval. He
then had a question regarding procedures following issuance of the Examiner's
recommendation that Mr. Woolett and Ms. Shold answered.
ZOE DURHAM, applicant, appeared and confirmed her agreement with the Staff Report.
No one spoke further in this matter and the Examiner took the matter under advisement.
The hearing was concluded at 2:15 p.m.
NOTE: A complete record of this hearing is available in the office of Jefferson
County Department of Community Development,
FINDINGS, CONCLUSIONS, AND RECOMMENDATION:
FINDINGS:
1 The Hearing Examiner has heard testimony, admitted documentary evidence into
the record, and taken this matter under advisement.
2. The request for Current Use Assessment is categorically exempt from review
pursuant to the State Environmental Policy Act (SEPA) pursuant to Section 197-11 -
800(14)(k) of the Washington Administrative Code (WAC).
3. RCW 84.34,037 requires noticing ten days prior to the public hearing. The Notice of
Application was first published in the October 15, 2014 edition of the Jefferson
County Leader; however, this notice mistakenly advertised a public hearing date of
November 11,'2414, that fell on Veteran's Day. Because the public hearing date
had to be rescheduled for November 25, 2014, the Notice was re-published in the
October 29, 2014, edition of the Jefferson County Leader, and a new notice was
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mailed to adjacent property owners. The Notice of Application was posted on the
property adjacent to Toandos Road on November 6, 2014,
4. The applicants, Thomas Hagen and Zoe Durham, have a possessory ownership
interest in a rectangular, 11.58 acre parcel of property located at 1590 Toandos
Road, Quilcene, in unincorporated Jefferson County. The west property line of the
parcel abuts the eastern shoreline of Dabob Bay, and Toandos Road traverses the
extreme eastern portion of the parcel from north to south.
5. The parcel slopes downward from Toandos Road for approximately two-thirds of its
length and then steepens as it descends to the Dabob Bay shoreline. The parcel is
heavily forested with the exception of a home site and meadow on the upper
portion.
6. On November 6, 2013, the applicants granted a conservation easement covierning
the entire parcel to Jefferson Land Trust that was recorded pursuant to Jefferson
County Auditor's File Number 582282. The applicants subsequently submitted an
application for Current Use Tax Assessment for Open Space Open Space on
December 13, 2013. The Department of Community Development (DCD) deemed
the application complete on January 10, 2014. The Assessor clarified at the
hearing that 10.58 acres of the 11.58 acre parcel is proposed for open space open
space, and that said area includes a meadow. The one acre exception supports the
home site that the applicants have improved with a cabin.
7. Pursuant to RCW 84.34, on August 12, 1991, the Jefferson County Board of
Commissioners adopted Resolution Number 82-91 that established the Jefferson
County Open Space Tax Program. Part IV of said Resolution addresses "Open
Space Land" and refers to RCW 84,34.037 that allows the County to consider
whether placing a parcel in open space land would, among other factors, 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, Preserving the applicants' parcels as open space land
would recognize all of the above goals.
8. The Jefferson County GIS mapping shows the site as having a landslide hazard
area, seismic hazard area, critical aquifer recharge area, and seawater intrusion
protection zone. Designating the parcel as open space protects said areas from
development and also implements a Jefferson County Comprehensive Plan goal of
retention of fish and wildlife habitat (See also Section 1(B)(8) of the Open Space
Program).
9. The request satisfies Policies 2 and 3 set forth in Section III, Part IV(B) of
Resolution 82-91 as the applicants will allow reasonable public access (subject to
providing advance notice), and the easement granted to Jefferson Land Trust will
ensure that the property will ' °be held inviolate against conversion to non-open
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space uses". Section IV of Part IV sets forth the "List of Eligible Resources" that
parcels proposed for open space must contain. The applicants' parcel contains
three "High Priority Resources", namely significant fish and wildlife habitat areas;
special animal and plant sites; and surface water quality buffer areas. The site also
supports two "Low Priority Resources": scenic vistas and steep slopes. The
applicants have submitted a document entitled "Description of Priority Resources of
the Hagen and Durham Property" prepared by Peter Bahls, fish and wildlife biologist
and director of the Northwest Watershed Institute (Log Item 2), Mr. Bahis, an
eminently qualified expert, notes that the entire parcel is located within the proposed
boundaries of the Dabob Bay Natural Area, one of the least developed and
biologically diverse estuarine bays in Puget Sound, Both State and Federal
agencies are working with abutting land owners to protect and restore habitats
within the bay, Mr. Bahis finds that the primary purpose of the conservation
easement is to protect the parcel's habitat and natural resource values.
10. Concerning the significant fish and wildlife habitat resource, the parcel abuts Dabob
Bay for 354 linear feet and the uplands consisting of steep, forested bluffs and
mature forests. The parcel therefore provides essential habitat for many species
dependent upon forest and estuaries. Jefferson County's Draft Wildlife Habitat and
Corridors Mapping shows the parcel within a Wildlife Habitat Core Area. The parcel
supports Hood Canal coho and chum salmon as well as Coastal cutthroat trout and
Chinook salmon. The site also serves as a gathering area for bald eagles. During
the months of May and June more than 100 eagles have been observed feeding
along the shoreline and mudflats and roosting in the forested bluffs fronting the
parcel. Views of Kabob Bay are available from the uplands and from the water, and
as previously noted, the bay is one of the most pristine remaining in Puget Sound.
Finally, inearly one-half of the parcel consists of steep, unstable slopes.
11, Section IV of Part IV sets forth the "Public Benefit Rating System" and Section VII
sets forth the "Classification Procedure". Section VII provides that the 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 VLA 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 Evaluation Schedule in Section VLC, 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,
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12. The Community Development Department and the Assessor's Office agree that the
application earns the maximum PBR rating of 12 points. in fact, both departments
agree that the PBR actually totals 19 points. The Examiner agrees with the
assessment. The application earns six points as a High Priority Resource based
upon its provision of significant fish and wildlife habitat areas, special animal and
plant sites, and surface water quality buffer areas. The parcel also contains two
Low Priority Resources in the nature of scenic vistas and steep slopes and thereby
earns two points. The applicants have made their parcel available for educational
and scientific purposes subject to prior notice, thereby earning one point. They
have also executed an easement in favor of the Jefferson Land Trust for 10.58
acres of the parcel. Said easement constitutes a transfer of development rights and
entities the application to a maximum of six points. The application also implements
one goal of the Jefferson County Comprehensive Plan, namely the retention of fish
and wildlife habitat, and is therefore entitled to one point. Finally, the parcel will
maintain an undisturbed zone of vegetation adjacent to marine waters of more than
200 linear feet and is therefore entitled to three points for an overall total of 19
points.
0
The Hearing Examiner has jurisdiction to consider and make recommendations
regarding the issues presented by this request.
2. Based upon the above findings it is hereby recommended that the Board of
Jefferson County Commissioners enroll 10.58 acres of the applicants 11.58 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 82-91, 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.
RECOMMENDED this 1 Oth day of December, 2014.
e-E07H7—ILLW-KJCIAU- §SE—AUX- ?0
Hearing Examiner
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JEFFERSON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
�621 Sheridan Street, Port Townsend, WA 983681 Web: www, co, ieffersonma. us/communit development
Tel: 360,379,44501 Fax: 360,379,4451 p Email: dcd@cojefferson.wa.us
S-q—uireONE Resource Center I Building Permits & Inspections I Development Review I Long Range Planning
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF' REPORT
TO
THE HEARING EXAMINER
Re: Current Use 'Fax Assessment PROPOSED FINDINGS,
Open Space Open Space CONCLUSIONS, AND
RECOMMENDATIONS
File No.: MLA 13 -00156
Owners: Thomas Flagen and Zoe Durham
Project Planner Tim, Woolett
SUMMARY APPLICATION AND RECOMMENDATION
Proposal: CURRENT USE ASSESSMENT - OPEN SPACE/OPEN SPACE The request is for classification of
I O 8 acres of approximately 11, 5 8 acres as open space/open space tinder the current use tax assessment program
I RCW 84,341. The entire parcel was protected on November 6, 2013 tinder a conservation easement field by the
Jefferson 1. and ']'rust, the primary purpose of which is to permanently conserve the property for its significant
habitat and natural resource Value by preventing timber harvest, development, or subdivision.
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.
Site Address: 1590 Toandos Road, Quilcene, Washington.
Recommendation: Approval with conditions. (Recommended conditions attached to this report).
agL:M1,n;[*1 6
A. Ate: Thomas I lagen and Zoe Durham
P.O. Box 639
Quilcene, WA 98376
B, ELqposal, CURRENT USE ASSESSMENT- OPEN SPACE/OPEN SPACE. Tile request is for
classification of 10,8 acres of approximately 11 .58 acres as open space/open space under the current use
tax assessment program RCMP 84.34. The entire parcel was protected oil November 6, 2013 under a
conservation easement held by the Jefferson Land Trust, the primary purpose of which is to permanently
conserve the property for its significant habitat and natural resource value by preventing timber harvest,
development, or subdivision.
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,
Current Use Assessment Application No, CUA13-00001 & MLA13-00156
Thomas Hagen and Zoe Durham
Staff Report to the Hearing Examiner
C. Location: 'I'he property is located at 1.590 Toandos Road, situated along the east shore of Kabob Bay and
adjacent to the west side of Toandos Road, being a portion of the NE 1/4 of the NW 1A of Section 22,
Township 27 North, Range I West, WM. Situate in the County of Jefferson, State of Washington.
D. Access: Access to this site is froin the west side of Toandos Road at street address 1590.
E Property Characteristics: 'rile property consists of a single three (3) acre Assessor's parcel that is
rectangular in shape oriented lengthwise in an east-west direction. Its west boundary abuts Dabob Bay
and its east boundary has Toandos Road running through near its edge. The property slopes downward to
the west for approximately two-thirds (2/3) of its length where it abruptly steepens at a high angle of
decent in elevation. The property is forested with the exception of a homesite oil the Lipper portion of the
property at its approximate midpoint.
F. Zoning/Comprehensive Plain: The Subject parcels are zoned Rural Residential 1,5 (RR 1:5) which is
consistent with the Jefferson County Comprehensive Plan Land Use Map effective August 28, 1998, as
amended.
G Surrounding Zoning/Development: The zoning of property adjacent to the north and to the south of the
..... ..... I
subject property is Rural Residential 1:5 (RR 1:5). The adjacent land to the east is zoned Commercial
Forest, and abutting the west boundary of the subject property is nabob Bay. "rhe surrounding area
consists of low density rural residential uses and open forest land (reftrence 2013 aerial photo, Log Ifem,
5).
H. Critical Areas: This site is mapped as having Landslide Hazard Area, 56,isinic HazzardArea, Critical
Aqui r Recharge Area, and Yetmwler Intrusion Protection Zone (SIPZ), as defined by the Jefferson
County Critical Areas Ordinance; and, the property is mapped with varying Shoreline Slope Stability
areas that include Unstable Recent Landsliele, Unstable, and Stable.
1. Proiect/Parcgl History: On November 6, 2013 the applicant, 'I'llomas Hagen and Zoe Durham, granted a
conservation easement held by the Jefferson Land Trust under Auditor's File No. 582282. This
application for Current Use Assessment was submitted on December 13, 2013, and deemed complete of
January 10, 2014,
Public Notice: RCW 84.34.037 requires noticing ten days prior to the public hearing. Application notice
was first published in the October 15, 2014 edition of the Jefferson County Leader; however, this notice
mistakenly advertised a public hearing date of November 11, 2014, which happened to fall on Veteran's
Day. Because the public hearing date had to be rescheduled for November 25, 2014, application notice
was re-published in the October 29, 2014 edition of the Jefferson County Leader, and notice to adjacent
property owners was subsequently mailed. Notice of application was posted at the property where it fronts
Toandos Road on November 6, 2014. Jefferson County Code Subsection 1.8.40.21.0(2)(d) requires that
notice boards be maintained in good and legible condition by the applicant during the notice period, be in
place at least 15 calendar days prior to the date of hearing and removed within 15 calendar days after the
end of the notice period,
K. Public Comments: There have been no public corm-nents received as of the date of this report.
L. Aclencv Corriments:
1. Jefferson Count Assessor's Office: A request for comments was sent to the Jefferson County
Assessor's office on February 27, 2014, In their email response dated iMarch 25, 2014, the
Assessor's Office expressed a discrepancy of .09 acres between acreages provided on the
application and shown for Parcel 3, Volume 6, Page 53 of Surveys.
Current Use Assessment Application No. GUA13-00001 & MLA13-00156
Thomas Hagen and Zoe Durham
Staff Report to the Hearing Examiner
The Assessor's Office also asked for clarification of the building envelope and whether the area
titled "Meadow" on the "Hagen/Durharn Conservation Easement Survey" was to be considered
part of the building envelope.
5S.tiff 1pVonst o Assessor's comments: "I"he issue of acreage discrepancies may be clarified in
looking at tile "Hagen/Durham Conservation Easement Survey" filed under Auditor's File No.
580281, a reduced copy of which has been provided with this application for open space (Log
Item 1, page 5 of 6). The survey provides an acreage breakdown as follows:
Conservation Zone A — 5.09 acres.
Conservation Zone B — 5,50 acres.
Building Envelope --- 0,998 acres.
Parcel 3 Total -..- 11. 5 8 acres.
It stands to reason that the latest recorded survey would be the more accurate when compared to
one produced over thirty years prior when considering current survey technology and more
stringent standards. Therefore, in weighing the acreages of the 1983 survey against the 2013
survey, staff recommends that of the most recent to be considered the ruling acreage. In answer to
the question of the building site including the area delineated as "Meadow", the Building
Envelope Description on the I-Iagen/Durham Conservation Easement Survey describes a polygon
from "True Pont of Beginning" to "'I'rue Point of Beginning" and describes it as containing 0,998
acres; therefore, the answer to the question of the hornesite including the area delineated as
meadow would be answered in tile negative.
M, State Environmental Policy Act (SEPA): The request for Current Use Assessment is categorically
exempt': pursuant to WAC 197-11-800(14)(k).
Context of Staff Analysis and Recommendation: The Department of Community Development is
charged with the duties of presenting findings and analysis of the request for current use assessment to the
Hearing Examiner, who shall then hold a public hearing to determine whether the application conforms
with the requirements of the Jefferson County Tax Program (Resolution No. 82-91) and RCW 84,34;
whereupon, the Examiner shall issue his recommendation to the Jefferson County Board of
Commissioners for final legislative approval.
Note: The review below provides the applicable criteria for approval which is followed by a staff
comment that summarizes the request's consistency with said criteria. All direct code/resolution citations
are provided in italics.
A. Jefferson County Comprehensive Plan: Review of the applicable Comprehensive Plan policies are
provided Linder tile Current Use Assessment analysis of this report.
B, Jefferson County Uninform Development Code, Title 18 JCC: The proposal does not include any
development or change of use; therefore, there are no applicable Uniforril Development Codes requiring
analysis in this report.
C. Jefferson County Open Space Tax Program Resolution 82-91: The following sections of
Resolution 82-91 Jefferson County Open Space Tax Program — Open Space Lands Part IV apply to this
application:
Section 1. (L,) Lands El,igiblefi)r Current t)se Assessment as Open Space in Jefferson County
Any land ore a, the preservation in its current use woul•
I. assist in the impleinentation qf1he.leffierson County Parks, Recreation and Open Space Plan;- or
2. p rovide a practical bif f
r between areas of'conf7icting land uses.
Current Use Assessment Application No, CUA13-00001 & MLA13-00156
Thomas Hagen and Zoe Durham
Staff Report to the Hearing Examiner
Zr w
3, assist in limiting access, congestion, and strip-commercial development along public roads and
highways,- or
4. preserve or retain corridors for future public roads which are sche'duledjbr acquisition in
conformance with the County's Six-year Road Program; or
5. assist in implementing the ,lqfferson County Comprehensive Plan by establishing open space
corridors within and between urban growth areas; such corridors include lands use jWfar
recreation, trails, wildlife habitat, and wildlife habitat connective corridors; or
6, assist in the impleinentation oj'the Jqfftrson County Comprehensive Ilan through retention Of
fish and wildlife habitat.
Section IT Application
Applications for open space classifilcation shall be submitted to the Planning Department, After all filing
requirements are met., the Planning Department shall assign a dale for a public hearing, and provide
notice in accordance with RCW 84.34.03 7. Pursuant to theJe
,f
.ferson County Hearing IT.Yaminer
Ordinance, the Hearing Examiner shall hold a public hearing to determine whether the application
coil/grins with the requirements of this program, and RCW 84,34; whereupon, the Examiner shall issue
his recommendation to the Jefferson County Board oj'Cominissioners, for final legislative approval.
Section IV. List of Eligible Resources (Those pertinent to this proposal are in bold.)
High priority R,es(jurces ... 2 pis. Each.
1, Significant Archaeological and HistoricalSiles
2. Significant Geologic and Shoreline Features
I High Priority Wetlands
4, High Priority Shorelines
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. Moodplains
10, Urban Open Spaces
Low Priority Resources— Ipt Each.
]. Low Priority Shorelines
2, Public Lands Bulfi�r
3. Scenie Vistas
4. Steep Slopes
5. Prime Agricultural Lands
G. Low Priority Wetlands
Section VI, Current Use Valuation
Public Benefit RalingSystem
1. Resources (inaxiniurn 4poinis)
2. Access (inaxintuin 3 points)
a. Unlimited Public Access (signs required) .... 3 pts each
b, Restricted Access due to Environmental Sensitivity, 3 pis each
c. Some Puhlic Access. . . I pi.
3. Transfer of Developnient Rights (maximum 6 points)
4. Counly Policy Goals (I pi. each for a maximum Q1'2 points)
a. Implements,lef
,ferson County Parks-, Recreation and OpenSpace Plan
I pt
b. Provides buffer between conflicting uses ... I pt
c. Limits access, congestion and strip-commer•ial development ... I pt,
Current Use Assessment Application No. CUM 3-00001 & MLA1 3-00156
Thomas Hagen and Zoe Durham
Staff Report to the Hearing Examiner
Page 4 of 8
d Enhances the value to the public of abutting or neighboring nature reservations,
sanctuaries, or other open spaces. I pl.
e. Assists in implementing the Je
fferson County Comprehensive Plan by establishing
open space corridors between urban growth, areas or by retaining fish and wildlife
habitat. , . I pl.
MAXIMUM PUBLICBENEIUT IM TING (PBR) ._ 12 paints
MINIMUM PUBLIC BENEFITRA TING = 5 points
Section V11. Classification Procedure
— The task of the Board of County Commissioners when reviewing an application fear open space current
use assessment is to assign a Public Bene/it Rating (PBR) using- the rating systern in Section VI, A,
Note: The Public Benefit Rating has been organized in an assessment worksheet for the purpose of
convenience (Log Item 9 14).
A staff evaluation of the rating follows and is based on the report titled "Description oj'Priority
Resources ql'the AIIHM2012 Shurtieff'Revocahle Trust Property" prepared by Peter Bahls, Fish and
Wildlife Biologist and Director, Northwest Watershed Institute (Log Itern #2). Due to the qualifications of
the author as provided on page 2 of the aforementioned report, staff places a strong reliance on its content
through this review.
High Priori(y Resources — 2 points each (Total Maximum Points = 4)
Significant Fish and' Wildlife Ila b ita t .Areas A c c ess
Areas, utilized by bath special andlor otherfish and wildlife in such frequency ,nand diversity for critical
ecological processes occurring such as breeding nesting nursery, feeding, and resting
Criteria: Eligible lands arc, those ident fed by either.- (a) the Washington State Department qlVildlift or
Washington 51 ate Department of Fisheries; or (b),47 competent prqfessional whose, ndings are accepted
by the Department oaf Wildlife — Natural Heritage Program and Priority flabi9tal and Species Program.
Stall.Corm-ne ' i ' i t " : As provided in the report prepared by Peter Bahls, proposed open space land includes
354 feet of marine shoreline along Dabob Bay and associated steep forested bluffs and mature forest that
provide essential habitat for many species dependent upon forests and estuaries for at least some stages of
their life history. The shoreline beach and shoreline forest directly and indirectly supports nearshore
habitat for I food Canal Coho salmon, (federal candidate species), Hood Canal Summer Churn salmon
(federal threatened species), Hood Canal Fall Chum salmon, Costal Cutthroat trout, and Puget Sound
Chinook salmon (f'ederal threatened species).
'Fhe forest on the property is mature, naturally regenerated forest dorninated by Douglas Fir and Western
Red Cedar, Species known to use the forest habitats on the property include Great Blue Heron, Pileated
Woodpecker, and Bald Eagle.
Recommend 2 points
Special Animal and Plant Sites
Special Aninial Sites
Those animals defined in the Natural Heritage Plan as being either an endangered, threatened or
sensitive species to the Washington Stat✓ Department qffildlife. Within dej
liarson County, this
term shall also include monitor species.
Criteria: Eligible sites are those in the Natural Heritage Data Base as verified by the Natural Heritage
Prograin; or which are verfed by the a5tate Department of Wildlij�, or an expert in the field, as
containing the sarne animals and which are acceptable by the .state agency fir addition to the data base.
Staff. Commea As provided in the repoil prepared by Peter Bahls (Log Items 2, page 3 of Cr), this
property is located within signif icant seasonable gathering area for bald eagles, "During May and June,
Current Use Assessment Application No, CUM 3-00001 & MLAI 3-00156
Thomas Hagen and Zoe Durham
Staff Report to the Hearing Examiner
Page 5 of 8
more than 100 eagles are typically observed Feeding along the shoreline and mudflats at low tide and
roosting in the forested bluffs fronting this property. The eagles are concentrated in the area from the
south end of Longspit to Carnp, Discovery, including this property."
Recommend 2 points
Surface Water Quality Buffer A reas
An undisturbed zone of vegetation, adjacent to a stream, lake, pond, Welland or marine waters, of a
siffficient width (no less than 25ftel and no greater than 100 et), that will born fit a surface water body
/�y protecting water quality and reducing erosion.
Criteria: Eligible lands are those meeting the above definition. A Sur/ace Water Quality Buffer Area
must be preservedftom intrusion by domesticated animals or structures. All BuJJLr Area lands in or
adjacent to pasture land must be fenced loprevent intrusion by domesticated animals. The width qfthe
Huffer ,fer is measured uplandftom the ordinary high-water mark oJ'1he stream, lake, pond, or marine
waters. In the case of wetlands, the buffer area will be measured uplandftorn the edge of'lhe wetland.
The buffer area does not include the Weiland itself or the body of water waterward of the ordinary high
water mark.
Staff Comment: Staff concurs with Peter Bahis in his report (Log Item 112, page 3 of 5) stating that "The
conservation easement protects the steep forested slopes on the property, at least 800 feet in width,
adjacent to tile shoreline of Dabob Bay, representing an important water quality buffer area for Dabob
Bay shorelines."
Recommend 2 points
Low Priority Resources — I point each
Scenic Vistas
An area providing unique or unusual views of naturalftatures in Jefferson County, which are significant
to the aesthetic character oaf the County, within the jurisdiction oJ'the Scenic Highways Act.
Criteria., Eligible lands are those meeting the definition above, and consisting of large, uninterrupted
expanses or other historically open areas. Such lands should be free oJ'any structural improvements and
substantially preserve the scenic vista.
Staff Comment: As stated in the report prepared by Peter Balils (Log Item #2, page 3 of 5), "The
proposed Open Space property protects the forested shoreline on the property, with no house visible,
protecting the important scenic vistas from Dabob Bay." The conservation easement and proposed open
space classification would bar a full development scenario which could potentially result in an additional
single family residential development along the shoreline, thus impacting the pristine vistas referenced in
Mr. Bahis' report.
Recommend I point
Steep or Unstable Slopes
Steep slopes are those with a slope of 30% or greater. Unstable slopes may be less than 30010 but must be
verified by a qualified slope stability engineer,
Criteria: Eligible lands are those meeting the definition above or those verified by an expert in the Feld
Staff Comment: As provided in Mr, Bahls report, "Nearly one-half of the I lag en and Durham property
proposed for Open Space-open space is comprised of steep, unstable slopes." "These slopes, most of
which exceed 60 percent slope and are highly unstable, are protected in the conservation easement to
prevent an increase in landslides and impacts to the nearshore habitats."
Recommend I point
Current Use Assessment Application No. CUA13-00001 & MLA13-00156
Thomas Hagen and Zoe Durham
Staff Report to the Hearing Examiner
Page 6 of 8
Some Public Access
Staff C ormnent: As stated in the report prepared by Peter Rallis (Log Item #2, page 3 of 5), "The
conservation easement permits public access for educational and scientific purposes with prior approval
of the landowner."
Recommend I point
Transfer of Development R igh is (TDR) (Total Maximum Points = 6)
Conveyance recorded with the A uditor
An agreement between the property owner and an,Y agency qualV ing under RC 64.04.130 and /air
84. 34. 250, which permanently transfers development rights to the agency for purposes of perpetual
conservation.
Staff Comment: The conservation easement recorded on November 6, 2013 under Auditors File No,
580282, grants the Jefferson Land Trust a conservation easement for open space that covers 10.59 acres
of the subject property.
Recommend 6 points
County Policy Goals —1 point each (Maximum 2 points)
Assists in implementing the Jefferson County Comprehensive Plan by establishing open .space
corridors between urban growth areas or by retainingfish and wildlife habitat.
Staff Comment: The Jefferson Land Trust is pursuing a system of open spaces, greenbelts, and wildlife
corridors throughout the county. The conservation easement granted the Jefferson Land *rrLlSt furthers the
County's Comprehensive Plan to protect significant fish and wildlife habitats and wildlife corridors,
Recommend I point
Tidelands, Shorelands, and Bujfers (Section IV. B. amended by Resolution No. 7-5-95).-
Undeveloped bujftrs along marine shorelines qualift.1br special consideration under the Public Benefit
Rating (PBR) Sysle?n. An undisturbedzone qfvegeiation, adjacent to marine waters, of no less than 200
feet qual4ies autonialicallyfi)r a PBR of 3.
Staff Comment: As supported in the report prepared by Peter Bahls (Log Item #2, page 4 of 5), "Under
Jefferson County Resolution 75-95, undeveloped buffers ot'vegetation at least 200 [feet] deep adJacent to
marine shorelines, such as occur on the proposed property, receive extra consideration under the Public
Benefit Rating system, with three "bonus" points provided."
"Total County Policy Goal PBRs:
19 points
Total Point Evaluation: Based OpOrl the above evaluation the land would be eligible for 19 points total
oil the 10.59 acres. The maximum point value allowed under Resolution 82-91 is 12 points. Section
"sal. C of Resolution 82 -91, grants a Current Use Value of 10% of market value for a point rating, of
11
2. The granting of open space/open space tax classification would be consistent with the Comprehensive
Plan and the Jefferson County Open Space Program, Resolution No. 82-91 and amended under
Resolution No. 75-95.
3. The Conservation Easement encompasses all area of" 11,58 acres with one one-acre hornesite
delineated within as shown oil the "I lagen/Durharn Conservation Easement" filed under Auditor's
File No. 580281,
Current Use Assessment Application No CUA13-010001 & MLA13-00156
Thomas Hagen and Zoe Durham
Staff Report to the Hearing Examiner
Page 7 of 8
4, 'The subject property has the development potential of being developed as two (2) separate residential
lots with future residential development likely being sited in a manner that takes advantage of the
shoreline environment. 'This conservation easement and open space classification would limit the
potential residential development to the one hornesite delineated on the "Hagen/Durham Conservation
Easement Survey."
STAFF RECOMMENDATION
Based oil the above findings, analysis, and conclusions, the application for enrollment in the Jefferson County
Open Space 'Fax Program as Open Space/Open Space Lands Current Use Assessment as described in this report,
is hereby recommended for APPROVAL subject to the following conditions:
RECOMMENDED CONDITIONS
I . 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. 'File 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.
Prepared by Project Planner, Tim wooiett November 18, 2014.
Current Use Assessment Application No, CUA13-00001 & MLA13-00156
Thomas Hagen and Zoe Durham
Staff Report to the Hearing Examiner
Page 8 of 8
OPEN SPACE CURRENT USETAX ASSESSMENT
PUBLIC BENEFIT RATING WORKSHEET
Applicant Phone:
Site, Address:
HIGH PRIORITY RESOURCES (2 points each)
Significant. Archaeological and, I I istorical Sites
Significant Geologic and Shoreline Features
I-ligh Priority Wetlands
High Priority Shorelines
Significant Fish and Wildlife Habitat Areas
Special Animal and Plant Sites
Public Water Supply Watersheds
Sur-(,'ace Water Quality Buffer Areas
Floodplains
Urban Opel) Spaces .... . . ..... ..
LOW PRIORITY RESOURCES (1, point each)
Low priority Shorelines
Public Lands, Buffer .. . .......
Scenic Vistas
Steep Slopes
Prime Agricultural I.,ands
Low priority Wetlands . ......... .
"I'otal Priority Resource Points
(4 Maxiamn-i Points)
A(. C:;ESS (I point each)
Unlimited Public Access (signs required) . .. . .......... . . ... .....
,estricted Access due to Environmental Sensitivity ... ... . ..... . ..
Some Public Access
,rotal Access Points
Maximum Points)
TRANSI`Elt OF DEVELOPMENT RIGHTS ( "f m)
('onveyance recorded )xith the Auditor . .... .
Total TDR Points
(6 Maximum Points,)
pu )�i, Bej)eGnt [�,atjrjg Workshcel
Pav I o I'-'.
COUNTY poj. iff GOALS (I point each)
Implements Jefferson C 0UntY Parks, Recreation
and Open Space Plan
Provides buffer between conflicting uses . ... .... . . .... 1,H-nits access, congestion and strip-commercial, . . ... .. . . .........
Devek)prnent
preserves corridors for future public roads . ... . . .. ......
EnIjanct,; the value to the public of abutting or .... . .. . ...... .... ......... ...
neighborin,c, nature rcservatIC)II, S,
Zlnctklarles,
D
or other open spaces
i - the Jeffi�rson COUnty
Assists In implernentin . . ....... ... .
Comprehensive Plan by estabhshing open Space
corridors between urban growth areas or by
retaining fish and wildlife habitat
"Total County P(.)Iicy Goals Points
(2 Maximurn Points)
TIDELANDS, SHOREI-ANDS, AND BUFFERS
Undeveloped Shorelands Buffers (3 points)
Undisturbed Shorelands Buffers adjacent to marine
Waters backed by forest lands (I I points)
AquaCUIture Tidelands (I I points)
"fetal Tidelands, Shorelands & Buffers Points
TOTAL PUBLIC BENF,.,Fi,r RATING FOR Al L CKFEGORIES
e, r.9irt Rating Wovkshecl Rug,� 2 (0'2
public .
JE1"T-F,,'160N
P.0, Box 571 - Port Townsend, Washington 98368
Email: s i'-� da i, -\ya. us
. c .... . CP je
Stacie Prada Hoskins —'rreasurer (360)385-9154
Janet A. Holbrook — Chief Deputy (360)385-9151
TREASURERS CERTIFICATE OF-TAXES P IM IN - JL 0*1 A
PVOPERTY
Parcel Numbers: 701222001
Owners: Thomas Hagen
Zoe Durham
PO Box 639
Quilcene, WA 98376
I hereby certify that the property taxes on the parcel(s) listed' have been
paid in full through 2014 and there are no delinquent taxes. 2015 taxes have not
been certified.
'his ....-.12 Day of _December 2014.
J�inet Holbrook, Chief DeplutyTreasurer
When Recorded Return to:
Jefferson County
Department of Community Development
621 Sheridan Street
Port Townsend, WA 98388
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)- Thomas Hagen & Zoe Durham
See Exhibit "A" for full Legal Description
Assessor's Property Tax Parcel or Account Number:
151110".411#11
Reference Numbers of Documents Assigned or Released]
N/A
This agreement between the Northwest Watershed Institute, hereinafter called the
"Owner", and Jefferson County hereinafter called the "Granting Authority".
Whereas the owner of the above described real property having rnade application
for classification of that property under the provisions of CH 84.34 RCW,
And whereas, both the owner and granting authority agree to limit the use of said
property, recognizing that such land has substantial public value as open space
and that the preservation of such land constitutes an important physical, social,
esthetic, and economic asset to the public, and both parties agree that the
classification of the property during the life of this agreement shall be for:
X Open Space Land 0 Timber LanE
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.
I 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 RC 84.34,070 and 84,34,108.
6, Breach- After the effective date of this agreement, any change in use of the
land, except through compliance with items (5), (7), or (9), shall be considered
a breach of this agreement, and shall be subject to removal of classification
and liable for applicable taxes, penalties, and interest as provided in RC
84,34.080 and RC 84.34.108.
7. A breach of agreement shall not have occurred and the additional tax shall not
be imposed if removal of classification resulted solely from:
(a) Transfer to a governrnental 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
3 10�
(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 iand to a church when such land would qualify for exemption
(f) Acquisition of property interests by State agencies or agencies or
,organizations qualified under RCW 84-34-210 and 64-04. 130 (See RCW
23��
(g) Removal of Viand classified as farm and agricultural land under RM
2383MMSM
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 RC W,
This agreement shall be subject to the following conditions-,
1. 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 any judgments Jefferson County has
obtained against the landowner, or if the Iandowner 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 Comm ssioners. The executed
'101111111111=12, -71011mlizE�$ �0�
3. Any compensating tax due at the time of the transfer shall be paid in full.
JEFFERSON COUNTY
ill][
1 0) �q 0&1 OMO] No to] J& 1 IVA I I
John Austin, Chair Phil Johnson, Member
As the owner(s) 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
.. ............
(Must be signed by all owners) Thomas Hagen
`7
Date signed agreement received by Legislative Authority:
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
Parcel 3 of Survey recorded in Volume 6 of Suacys, page 53, Iunder Recording No. 28542 1,
being a portion of Government Lot I in Section 22,Township 27 Noilb, Range I West, W, M.,
LESS the South 660 feet,
Situate in the County of leffersull, State Of Washington.
Notice of Federal Participation for Hagm and Durham Conservation E&�cmcnt Page 4 of 4