HomeMy WebLinkAbout122214_ca02Consent 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 Community Development (DCD)
David Wayne Johnson, Associate Planner D
DATE: December 22, 2014
SUBJECT: Current Use Assessment: Classification of 32.4 acres of an approximately 34.4 acre site as
open space /open space under the current use tax assessment program (RCW 84.34).
Applicant/Property Owner: MHM Shurtleff 2012 Revocable Trust — Hillary Shurtleff, Trustee
Case # MLA13- 00160 /CUA13 -00003
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 32.4 acres located at 2070 Toandos Road, situated along the east
shore and adjoining tidelands of Dabob Bay, Quilcene, WA. The entire parcel was protected on November
25, 2013 under a conservation easement held by the Jefferson Land Trust AFN 580629. The applicant
wishes to place 32.4 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 # 82.91.
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 32.4 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 32.4 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 32.4
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:
/ ` G
l
P ip Morl o my Administra r
Date
JEFFERSON COUNTY
REPORT AND RECOMMENDATION
CASE NO.: Current Use Tax Assessment
Open Space Open Space
MLA13-00160
APPLICANT/ MHM Shurtleff 2012 Revocable Trust
OWNERS: Hillary Anne Shurtleff, Trustee
3101 S.W. 171s'Street
Seattle, WA 981660
ORMI
MITZ Me
Classification of 32.4 acres of approximately 34.4 acres of uplands and adjoining tidelands
on Dabob Bay as open space/open space under the current use tax assessment program
(NBC!' 84,34). The applicant executed a conservation easement in favor of the Jefferson
Land Trust that permanently conserves the property.
& - M
Approve, 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 2:15 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 L,IST
1 X
TIM WOOLETT appeared, presented the Department of Community Development Staff
Report and testified that the request is to classify 32.4 acres of a 34.4 acre site into open
space/open space. The applicant previously executed a conservation easement in favor of
the Jefferson Land Trust for the 32.4 acres. The site consists of two parcels, each of which
has a home site on one acre of property. Each home site has to be within the one acre of
taxable land. Staff has evaluated the project and finds that it has a PBR of 19 even though
the maximum is 12. At present both home sites are on the same parcel and the applicant
will need to perform a boundary line adjustment or utilize some other method to located
one home on each parcel. The site is located within the RR10 zone classification that
authorizes a maximum of three lots on the site. Once accepted into open space, the
applicant cannot provide the third lotthome site without incurring a penalty. He then
introduced Exhibits 21 and 22, the revised Staff Report reflecting the correct name of the
applicant and an affidavit of publication.
SHERRIE SHOLD, Jefferson County Assessor's Office, confirmed that the site can have
only two home sites. Even though the application reflects four acres of tidelands, she has
no way to verify the area. The tidelands ownership exists only on the north 434 feet of the
southerly parcel, All tidelands in front of the second parcel are owned by the State.
DAVID SHURTLEFF appeared and testified that he has no questions or concerns about
conditions of approval and has no issues regarding ownership of the tidelands. The Staff
Report is properly corrected.
No one spoke further in this matter and the Examiner took the matter under advisement.
The hearing was concluded at 2:30 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:
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) according to Section 1^97-
11- 300(14)(k) of the Washington Administrative Code (WAC).
3. RCW 84.34-037 requires notice ten days prior to the public hearing. The Notice of
Hearing was first published in the October 15, 2014, edition of the Jefferson County
Leader; however, this notice mistakenly advertised a public hearing date of
W
November 11, 2014, 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
mailed to adjacent property owners. Notice was posted at the intersection of
Toandos Road and Coyle Road on November 6, 2014.
4. The applicant, MHM Shurtleff 2012 Revocable Trust, Hillary Anne Shurtleff, Trustee,
has a possessory ownership interest in two, abutting parcels of property located at
2070 Toandos Road, Quilcene, in unincorporated Jefferson County. Both parcels
abut Dabob Bay for a total of approximately 1,1 b0 feet, and improvements are
limited to a small cabin and accessory structure near the joint property line.
5. The parcels contain a total of 34.4 acres and are located within the Rural
Residential 1:10 (RR1 - 10) zone classification of the Jefferson County Code (JCC)
that authorizes a density of one dwelling unit per ten acres. The parcels are located
both west and north of Toandos Road that terminates on the abutting parcel to the
south near the southern tip of the Toandos Peninsula. The site includes a coastal
salt marsh spit, associated steep forest bluffs, and mature forests, Abutting parcels
to the north and south are also located within the RR110 classification and the
parcel to the east is located within the Commercial Forest classification.
& According to Jefferson County GIS mapping, critical areas on the parcels include
wetlands (along the shoreline), landslide hazard area, critical aquifer recharge area,
seismic hazardous area, and a Type 5 steam (non fish). The property also supports
a bald eagle nest and provides a 660 foot wide buffer therefrom. On March 22,
2013, the applicant granted a conservation easement in favor of the Jefferson Land
Trust for 32.4 acres of the 34.4 acre site. The applicant submitted an application for
Current Use Assessment- Open Space/Open Space on December 27, 2013, for the
32.4 areas and the County deemed it complete on January 14, 2014. The applicant
proposes to reserve a building envelop of one acre on each parcel that would
accommodate the existing cabin and one new residence.
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 applicant's parcels as open space land
would recognize all of the above goals.
& The request satisfies Policies 2 and 3 set forth in Section 111, Part IV(B) of
Resolution 82-91 as the applicant will allow reasonable public access (subject to
providing advance notice), and the easement granted to Jefferson Land Trust will
3X
ensure that the property will "be held inviolate against conversion to non-open
space uses". Section IV of Part IV sets forth the "List of Eligible Resources" that
parcels proposed for open space must contain. The applicant's parcels contain
three "High Priority Resources", namely, significant fish and wildlife habitat areas;
special animal and plant sites', and surface water quality buffer areas. The parcels
also support two "Low Priority Resources": scenic vistas and steep slopes. The
applicant has submitted a document entitled "Description of Priority Resources of
the MHM 2012 Shurtleff Revocable Trust Property" prepared by Peter Bahls, fish
and wildlife biologist, and director of the Northwest Watershed Institute (Log Item 2),
Mr. Bahls, 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 parcels' habitat and natural resource values.
9. Concerning the significant fish and wildlife habitat resource, the parcel abuts Dabob
Bay for 1,150 linear feet and the uplands consist 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 supports a bald eagle nest and 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 Dabob 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.
10. Section IV of Part IV sets forth the "Public Benefit Rating System" and Section VII
sets forth the "Classification Procedure". Section V11 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 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,
W
The Community Development Department and the Assessors Of 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 applicant has made its parcel available for educational and
scientific purposes subject to prior notice, thereby earning one point. The Trust has
also executed an easement in favor of the Jefferson Land Trust for 32.4 acres of
the parcel. Said easement constitutes a transfer of development rights and entitles
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.
-M
The Hearing Examiner has jurisdiction to consider and make recommendations on
the issues presented by this request.
2. Based upon the above findings it is hereby recommended that the Board of
Jefferson County Commissioners enroll 32.4 acres of the applicants 34.4 acres of
uplands and tidelands into the Jefferson County Open Space Tax Program as Open
Space /Open Space lands Current U se Assessment with a Public Be nefit 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.
4. Prior to any development of the east (upland) homesite the owner shall
submit and have approved a boundary line adjustment that would relocate
the existing common boundary between to the two parcels to separate the
mapped homesites such that each is sited on a separate parcel of land.
ORDERED this 1 Oth day of December, 2014,
S E HEN K. AUSSEAUX,
C 41/
Hearing, Examiner
W
JEFFERSON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
621 Sheddan Street I Pod Townsend, WA 83681 Web: wwvv, plc ent
'Tel: 360,379,4450 d Fax: 360.379,4451 p Ernall: dc
..� LwiQj'—eff train m, L,�s
iTi0ngPertnfts & Inspections V Development Consistency Review � Long Range Planning I Watershed Stowirdship Resourre Center
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
TO
THE HEARING EXAMINER
Re: Current Use Tax Assessment PROPOSED FINDINGS,
Open Space Open Space CONCLUSIONS, AND
RECOMMENDATIONS
File No,: MLA13-00160
Owners: Shil,n1jeff 2012 Revcwable']`Tus�
Project Planner: Tim Woolett
SUMMARY APPLICATION AND RECOMMENDATION
Proposal: CURRENT USE ASSESSMENT- OPEN SPACE/OPEN SPACE The request is for classification of
32.4 acres of approximately 34.4 acres of uplands and adjoining tidelands on Dabob Bay as open space/open space
under the current use tax assessment program [RCW 84,34]. Two acres are being withheld as existing and potential
cabin/home sites. The entire parcel was protected on November 25, 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, limiting development and 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: 2070'roandos Road, Quilcene, Washington.
Recommendation: Approval with conditions.
PROJECT INFORMATION:
A. Applicant: Hillary Anne ShUrtleff, Trustee
3101 SW 171 11 Street
Seattle, WA 98166
B, RLqposak CURRENT USE ASSESSMENT - OPEN SPACE/OPEN SPACE. The request is for
classification of 32.4 acres of approximately 34.4 acres as open space/open space under the current use tax
assessment program RCW 84.34.
C. Location: The property is located along the east shore of Dabob Bay near the end of Toandos Road on the
Toandos Peninsula within the Southwest 1/4of Section 22, Township 27N, Range I W, W.M. The property
is also identified as Assessor's Parcels number 701 223 001 and 701 223 001
Current Use Assessment Application No. CUA13-00003 & MLA13-00160
Hillary Shurtleff, Trustee
Staff Report to the Hearing Examiner
Page 1 of 8
D, Access: Access to this site is from the west side of Toandos Road at street address 2070.
E Property Characteristics: The proposal involves two adjoining parcels owned by
g1+t+H,k4't"1 �jLe -'il, Li � fl g, 2 ) 1 2 RevocaNe 'Trusu I IflLarY AmLv_� - ftlj'rust�,o totaling 34.4 acres,
_ , M_�,5 L_ -1-111-- - 1.1-1-11- — _IlLgjj�
32.4 of which are proposed for open space/open space, The property includes, approximately 1,150 feet of
marine shoreline along east shore of Dabob Bay, approximately four (4) acres of adjoining tidelands, and
the remainder of the 32.4 acres of proposed open space consisting of coastal salt marsh spit, associated
steep forested bluffs and mature forest. The property is developed with a small cabin and separate
accessory structure in the southwest portion of the larger of the two parcels.
F. Zonin g/ComvLehen!sive Plan: The subject parcels are zoned Rural Residential I .: 10 (RR 1:10) 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
subject property is Rural Residential 1:.10 (RR 1:10). The adjacent land to the east is zoned Commercial
Forest, and abutting the west boundary of the subject property is Dabob Bay, The surrounding area
consists of low density rural residential uses and open forest land (•efLren•e 2013 aerial photo, Log Item
5),
H. Critical ,Areas: Jefferson County GIS mapping indicates the following critical areas on the subject parcels
are: Wetlanda (along shoreline), Landslide Hazard Area, Critical Aquifer Recharge Areas, Seismic Hazard
Areas, Non-fiish [bearing] Habitat (Type 5 stream), and the property has a Bald Eagle nest site with 660
foot buffer.
1. PrclectlParcel History: On March 22, 2013 the applicant, 1-fillary Shurtleff, granted a conservation
easement held by the Jefferson Land Trust. This application for Current Use Assessment was submitted on
December 27, 2013, , and deemed complete of January 14, 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 intersection of Toandos,
Road and Coyle Road on November 6, 2014. Jefferson County Code Subsection 18.40.210(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 comments received as ofthe date of this report.
L. A ency Comments:
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 response dated March 26, 2014, the Assessor's Office
provided comments and concerns (Log Item 3). In their comments, the Assessor's Office wanted to
clarify that the southerly parcel's tidelands only front the northerly lialf'of the parcel. The residual
tidelands fronting the parcel are owned by the state of Washington. Because the Assessor's Office does
Current Use Assessment Application No, CUA1 3-00003 & MLAI 3-00160
Hillary Shurtleff, Trustee
Staff Report to the Hearing Examiner
Page 2 of 8
not measure tideland by acreage, they were unable to verify that there are actually four acres of
tidelands being encompassed by the conservation easement.
Additionally, the Assessor's office stated a concern that the west building envelope is only .54 acres
when one acre per homesite is the minimum requirement. A second area of concern which needs
clarification is whether or not two more houses may be allowed and could the property be subdivided
to accommodate the building of two additional homes. If this were to be the case, the Assessor's Office
provides that an additional homesite would need to be reserved and excepted from this application, as
each home on individual parcels must have a minimum of one acre.
Staffjreonse to A A� sessor's comments: It appears that the acreage concerns may be clarified through
. ....... . .. . comments: —
the conservation easement survey recorded under Auditor's File No. 580630, a reduced copy of which
is provided as Log Item 1, page 6 of 7. The application for Open Space/Open Space is for 32.4 acres of
property shown on the aforementioned survey as being a total of 34.4 acres, with two portions of
property omitted for homesites, existing (west) and potential (upland and east). Aside from the
surveyed area of the homesites on the Conservation Easement, the taxable area could be one acre
without the need to adjust the delineated areas on the survey.
The second issue of concern being the allowance of two or more houses and any subdivision to
accommodate them, we can only offer that the proposal only provides for two homesites on 34.4 acres
configured as two parcels. This request, if granted, would preclude the further subdivision of land
without penalty Linder the terms of this open space taxation agreement if granted. However, it is of
concern that both homesites are situated on the south (larger) parcel which would be inconsistent with
the number of homes allowed on a single parcel of land in the RR: 10 zone. It should be conditioned
that the applicant submit and have approved an application for boundary line adjustment that would
relocate the existing common boundary between to the two parcels to separate the mapped homesites
such that each is sited on a separate parcel of land.
M. State Environmental Policy Act.(SEPA): The request for Current Use Assessment is categorically
exempt pursuant to WAC 197-11-800(14)(k).
RELATIONSHIP WITH LAND USE REGULATIONS:
Context oaf 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
I-Jearing Examiner, who shall then hold a public hearing to determine whether the application conforms to
the requirements of the Jefferson County Tax Program (Resolution No. 82-91) and RCW 8434;
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 Count horn .
ensive Plan. Review of any applicable Comprehensive Plan policies are
provided under the Current Use Assessment analysis of this report.
B. Jefferson County Uninform Develoi)ment Code, Title 18 JCC: The proposal does not include any
development or change of use; therefore, there are no applicable Uniform Development Codes requiring
analysis in this report.
Current Use Assessment Application No. CUAI 3-00003 & MLA1 3-00160
Hillary Shurtleff, Trustee
Staff Report to the Hearing Examiner
Page 3 of 8
C. pace 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 L (B) Lands Eligible fair Current Use Assessment as Open Space in Jefferson County.
Any land area, the preservation in its current use would:
1. assist in the implementation of'the,le
ffierson County Parks, Recreation and Open Space Plan,- or
2, provide a practical bu
.#L,r between areas (if f conflicting land uses.
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 scheduledfi)r acquisition in
conformance with the County's Six year Road Program; or
5. assist in implementing the Jefferson County Comprehensive Plan by establishing open space
corridors within and between urban growth areas; such corridors include lands usefidfbr
recreation, trails, wildlafe habitat, and wildlife habitat connective corridors; or
6. assist in the implementation of'the.lefftrson County Comprehensive Plan through retention of fis h
and wildlife habitat.
Section II. Application
Applications for open space classification shall be submitted to the Planning Department. After cell filing
requirements are met, the Planning Department shall assign a elate for apublic 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
requirements of this program, and RC: W84,34; whereupon, the'FE'xaminer shall issue his recommendation
to the Jeffirson County Board of Commissioners.ft)rfinal legislative approval.
Section IV List of Eligible Resources (Those pertinent to this proposal are in bold.)
High Priority Resources... 2pts- Each.
1. Significant Archaeological and Historical Sites
2. Significant Geologic and Shoreline Features
3. High Priority Wetlands
4, High Priority Shorelines
5. .Significant Fish and Wildlife Habitat A reas
6. Special Animal and Plant Sites
7. Public Water Supply Watersheds
8. Surface Water Quality Buffer Areas
9, Floodplains
10. Urban Open Spaces
Low Priority Resources... 1pt Each.
1. Low Priority Shorelines
2. Public Lands By#er
3, Scenic Vistas
4. Steep Slopes
5. Prime Agricultural Lands
6, Low Priority Wetlands
Section V14 Current Use Valuation
Public benefit Rating System
1. Resources (maximum 4points)
Current Use Assessment Application No, CUA13 00003& MLA13-00160
Hillary Shurtleff, Trustee
Staff Report to the Hearing Examiner
Page 4 of 8
2, Access (maximum 3 points),
a. Unlimited Public Access (signs required) .... 3 pts each
b, Restricted Access due to Environmental Sensitivity. 3 pts each
c. Some Public Access. . . I pt.
3. Transfer (if Development Rights (maximum 6 points)
4. County Policy Gools (I pt. each. for a maximum (?f 2 points)
a. Implements Jefferson County Parks, Recreation and Open Space Plan
Ipt
b. Provides buffer between conflicting uses. I pt
c. Limits access, congestion and strip-commercial development I pl.
d. Enhances the value to the public of abutting or neighboring nature reservations,
sanctuaries, or other open spaces , .. I pt.
e. 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 pr
—4.,V"jMUM PUBLIC BENEFITDATING (PBR) -- l2 points
MINIMUMP UBLIC BENE SIT RATING = 5 points
Section VIL Claysification Procedure
... The task of the Board qfCounty Commissioners when reviewing an application far open space current
use assessment is to assign a Public Benqfif Rating (PBR) using the rating system in Section VI. A.
Note: 'rhe Public Benefit Rating has been organi7ned in an assessment worksheet for the purpose of
convenience (Log Item 4 17).
A staff evaluation of the rating follows and is based on the report titled "Description cif Priority Resources
,of the UHM2012 ShurtleffRevocable Trust Property" prepared by Peter Bahls, Fish and Wildlife Biologist
and Director, Northwest Watershed Institute (Log Item #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 Priority Resources — 2 points each (Total Maximum Points = 4)
Significant Fish and Wildlife Ha b 1 ta t A reas A e cess
Areas utilized by both special andlor other fish and wildlife in such fteq uency and diversityfir critical
ecological processes occurring such as breeding, nesting, nursery, fteding, and resting,
Criteria: E'ligible lands are those idenlr ied by either: (a) the Washinglon State Department of Wildlife or
Washington State Department of Pisheries; or (b) a competent professional whose findings are accepted by
the Department of WildlifL . ..... Natural Ilerituge Program and Priority 11abi9tal andSpecies Program.
.,Staff Qorm'Rent: As provided in the report prepared by Peter Bahls, proposed open space land includes
shoreline beach, tidelands, and intact older shoreline and upland forest that directly and indirectly support
habitat for Hood Canal Coho salmon, (federal candidate species), Hood Canal Summer Chum salmon
(federal threatened species), Hood Canal Fall Chum salmon, Costal Cutthroat trout, and Puget Sound
Chinook (federal threatened species).
The forest on the property is mature, naturally regenerated forest dominated 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
Current Use Assessment Application No, CUA13-000103& MLA13-00160
Hillary Shurtleff, Trustee
Staff Report to the Hearing Examiner
NOMOM
Special Animal and Plant Sites
a. Special Animal Sites
Those animals defined in the Natural Heritage Plan as being either an endangered, threatened or
sensitive species to the Washington Slate Department Within Jefferson County, this
term shall also include monitor species.
Criteria: Eligible sites are those in the Natural Heritage Data Base as verified by the Natural fleritage
Program; or which are verified by the State Department ql'Wildlife or an expert in the field, as containing
the same animals and which are acceptable by the state agencyftar addition to the data base.
Staff.Cornment: As provided in the report prepared by Peter BahIs (Log Item 2, page 3 of 6), this property
is located within significant seasonable gathering area for bald eagles. "'During May and June, 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 Camp Discovery, including the Open Space property." The Jefferson County GIs has this
property mapped with a Bald Eagle nest site with 660 foot buffer (Log Item 12). Recommend 2 points
Surface Water Quality Buf
,fer Areas
An undisturbed zone of vegetation, adjacent to a stream, lake, pond, wetland or marine waters, cif a
sufficient width (no less than 25jeel and no greater than 100 ,Pet), that will benq/it a surface water body by
protecting water quality and reducing erosion.
Criteria: E ligible lands are those meeting the above definition. A Surface Water Quality
Buffer Area must
be preserved from intrusion by domesticated animals or structures. All Buf
,f�er Area lands in or adjacent to
pasture land must be fenced to prevent, intrusion by domesticated animals. The width of the Bujfir is
measured upland from the ordinary high-water mark of the stream, lake, pond or marine waters. In the
case of wetlands, the buffer` 1�r area
,fer area will be measured upland the edge q/'the wetland, The bql a
does not include the wetland itself or the body of 'water waterward of t he ordinary high water mark.
Staff _Comment: Staff concurs with Peter Bahls, in his report (Log Item #2, page 3 of 6) stating that "The
conservation easement protects the coastal spit formation and steep forested slopes on the property. The
width of this protected area, not including the West Building Envelope that is excluded from Open Space,
exceeds 200 feet adjacent to the shoreline of Dabob Bay. Even including the West Building Envelope, the
Average width of entire shoreline buffer greatly exceeds 200 feet, This property provides a critical water
quality buffer area for Dabob Bay shorelines." Recommend 2 points
Low Priority Resources —1 point each
Scenic Vistas
An area Providing unique or unusual views (.�fnaluralfiealures inJe
ffierson County, which are signi ficant to
the aesthetic character o0he County, within the jurisdiction of the Scenic, Hig =hways gy ys Act.
Criteria: Eligible lands are those meeting the de , uninterripted
.1inition above, and consisting (�f large
expanses or other historically open areas. Such lands should befiree qf anystructural improvements and
substantially preserve the scenic vista.
Staff -n #2, page 3 of 6), "The proposed
_1 C
:on2ment: As stated in the report prepared by Peter Bahls (Log Itei
Open Space property protects the forested shoreline on the property, with only the one cabin and
outbuilding visible, protecting the important scenic vistas from Dabob Bay and Broadspit County Park on
the other side of the bay." The conservation easement and proposed open space classification would bar a
Current Use Assessment Application No, CUA13-00003& MLA13-00160
Hillary Shurtleff, Trustee
Staff Report to the Hearing Examiner
Page 6 of 8
full development scenario which could potentially result in three single family residential developments
along the shoreline, thus impacting the pristine vistas referenced in Mr, BahIs' report.
Recommend 1 point
,9teep, or unstable Slopes
Steep slopes are those with a slope of '30% or greater. Unstable slopes may be less than 30% but inus I be
verified ley a qualified slope stability engineer.
C'riteria: Eligible lands are those meeting the dqfiniflon above or those verified by an expert in thefteld,
Staff -comment: This property has areas of steep slopes of varying degree from moderate to high landslide
hazard area (Log Item 6). The conservation easement provides strict protection of these potentially unstable
slopes and reduces the potential for landslides and impacts to near shore habitat. Recommend I point
Some Public Access
Staff -Comment: As stated in the report prepared by Peter Bahis (Log Item 42, page 4 of 6), -The
conservation easement permits public access for educational and scientific purposes with prior approval of
the landowner."
Recommend I point
Transfer of Development Rights (TDR) (Total Maximum Points = 6)
Conveyance recorded with the Auditor
An agreement between the property owner and any agency qual &ing under RCW 64.04,130 andlor
84,34.250, which permanently transfers development rights to the agencyfbr purposes of perpetual
conservation.
Staff Cq!Up1pRt, The conservation easement recorded on November 25, 2013 under Auditor's File No.
580629, grants the Jefferson Land Trust a conservation easement for open space that covers 32.4 acres of
the two subject parcels. Recommend 6 points
County Policy Goals - I point each (Maximum 2 points)
Assists in implementing the Jefferson County Comprehensive Plan AV establishing open space corridors
between urban growth areas or by retaining Rash and wildlife habitat.
-staflCornment: The Jefferson Land'rrust is pursuing a system of open spaces, greenbelts, and wildlife
corridors throughout the county. The conservation easement granted the Jefferson Land Trust furthers the
County's Comprehensive Plan to protect significant fish and wildlife habitats and wildlife corridors.
Recommend I point
Tidelands, Sftorelands; and Buffers (Section TV B. amended by Resolution No, 75 -95):
Undeveloped buffers along marine shorelines qualiftfirspecial consideration under the Public Benefit
Rating (PBR) System. An undisturbed zone Qf vegetation, adjacent to marine waters, of no less than 200
,.feet qualifies aulomatically,for a PBR of 3.
Staff Comment: As supported in the report prepared by Peter Bahis (Log Item 42, page 4 of 6), "Under
Jefferson County Resolution 75-95, undeveloped buffers of vegetation at least 200 feet deep adjacent to
marine shorelines receive extra consideration under the Public Benefit Rating system, with three "bonus"
points provided. The Proposed Open Space proposal does not include the West Building Envelope that is
located about 50 feet from the shoreline for a length of approximately 200 feet. Other than this Building
Current Use Assessment Application No, CUA1 3-00003 & MLAI 3-00160
Hillary Shurtleff, Trustee
Staff Report to the Hearing Examiner
Page 7 of 8
Envelope, the entire Open Space shorelines are undeveloped and intact habitat that far exceeds 200 feet in
depth."
Total County Policy Goal PBRs:
19 points
1, Total Point Evaluation: Based upon the above evaluation the land would be eligible for 19 points total
on the 32,4 acres, The maximum point value allowed under Resolution 82 -91 is 12 points. Section VI.
C of Resolution 82 -91, grants a Current Use Value of 10% of market value for a point rating of 12.
2. The granting of open space/open space tax classification would be consistent with the Comprehensive
an and the Jefferson County Open Space Program, Resolution No. 82-91 and amended under
Resolution No. 75-95,
3, The Conservation Easement encompasses an area of 34.4 acres with two homesites delineated within.
The request for open space taxation is for 32.4 acres with two one-acre sites taxed as homesites, which
has no impact to the conservation easement so long as all development occurs within the sites
delineated on the"Shurtleff Conservation Easement" filed under Auditor's File No. 580630.
4, The subject property has the development potential of being developed as three 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 two homesites delineated on the "Shurtleff Conservation Easement
Survey."
STAFF RECOMMENDATION
used on the above findings, analysis, and conclusions, the application for enrollment in the Jefferson County Open
Space Tax 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
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 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, Prior to any development of the east (upland) homesite the owner shall submit and have approved a
boundary line adjustment that would relocate the existing common boundary between to the two parcels to
separate the mapped homesites such that each is sited on a separate parcel of land.
Prepared by Project Planner, Tim Woolett November 18, 2014.
Current Use Assessment Application No. CUM 3-00003 & MLAI 1.00160
Hillary Shurtleff, Trustee
Staff Report to the Hearing Examiner
Page 3 of 3
COU"N'ry POLICY GOALS (I point each)
Implements Jefferson County Parks, Recreation
and Open Space Plan
Provides buffer between conflicting uses
Limits access, congestion and strip-commercial
Development
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 Jefferson County
Comprehensive Plan by establishing open space
corridors between urban growth areas or by
retaining fish and wildlife habitat
Total County Policy Goals Points
(2 Maximum Points)
'TIDELANDS, SHORELANDS, AND BUFFERS
Undeveloped Shorelands Buffers (3 points)
Undisturbed Shorelands Buffers adjacent to marine
Waters backed by forest lands (I I points),
Aquaculture Tidelands (I I points)
"Fotal'Fidelands, Shorelands & Buffers Points
TOTAL PUBLIC BENEFIT RATING FOR ALL CATEGORIES
Public Benct-it Rating Worksheet
OPEN SPACE CURRENT USE TAX ASSESSMENT
PUBIAC BENEFIT RA,nN'G WORKSHEET
A pp I i can JELL-- � Phone:
r.
Site Address: ... . ...... .
HIGI I PRIORITY RESOURCES (2 points each)
Significant Archaeological and Historical Sites
Significant Geologic and Shoreline Features
High Priority Wetlands
High Priority Shorelines
Significant Fish and Wildlife Habitat Areas
Special Animal and Plant Sites
Public Water Supply Watersheds
Surface Water Quality Buffer Areas .. . . .........
Floodplains
1,.9rban Open Spaces
LOW PRIORITY RESOURCES (I point each)
Low Priority Shorelines
Public Lands Buffer
Scenic Vistas
Steep Slopes
Prime Agricultural Lands . .....
Low Priority Wetlands
Total Priority Resource Points
(4 Maximum Points)
ACCESS (I point each)
unlimited Public Access (signs required)
Restricted Access due to Environmental Sensitivity . .....
Some Public Access
Total Access Points
(3 Maximum Points)
TRANSFEIR OF DEVELOPME'NTRIGHTs (TDR)
Conveyance recorded with the Auditor
Total TDR Points
(6 Maximum Points)
Public Benefit Rating Worksheet pa",,,,c, Pave
Z: V,
P.O. Box 571 - Port Townsend, Washington 98368
Email: s r
Stacie Prada Hoskins — Treasurer (360)385-9154
Janet A. Holbrook — Chief Deputy (360)385-9151
TREASURERS CERTIFICATE OF TAXES PAID THRO1V-GL&2DJAA1dJRF-AL
PROPERTY
Parcel Numbers: 701223001
701223002
Owners: MHM Shurtleff 2012 Rev Trust
Hilliary Anne Shurtleff Trustee
3101 SW 171st
Burien, WA 98166-3243
I hereby certify that the property taxes on the parcel(s) listed above have been
paid in full through 2014 and there are no delinquent taxes. 2015 taxes have not
been certified.
This 12 Day of December 2014.
ah'et Holbrook, Chief DeputyTreasurer
When Recorded Return to:
Jefferson
Department of Community Developme
621 Sheridan
Port Townsend, WA 98368
OPEN SPACE
CH.84.34
(To be used for "Open Space", "'Timber Land" Classification or "Reclassification"
Grantor(s): Jefferson County
Girantee(s): MHM Shurtleff 2012 Revocable Trust
Hillary Anne 'Shurtleff, Trustee
� N' N
S22 T27 R1W
Lot 3 (N250 ') & PTN
TL TAX I= ABUTTING
::. I Irk
S22 T27 RM
Lot 3 (Less N 250')
S 225`) TL TX l= (Less N 250 ") & 8CH
See Exhibit "A" for full Legal Description
Assessor's Property Tax Parcel or Account Number:
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"
for classification of that property under the provisions of CH 84.34 R
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 EJ 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.
RUM 11 1 1 • • 6
, I III I Ill I I I I I i I I � ilil lilli; lg�il I i
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
7iiIIIIIIlI;iIrl:�IIp liiill i ;vlIl;lIll
IIIIIIllil;r''ll iiiIIIIIIIIN11TUM,
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
IMIF MI-0
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
MIOEMZ•-
(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
M
(f) Acquisition of property interests by State agencies or agencies or
N"I
84.34108(5)ft
(g) Removal of land classified as farm and agricultural land under RCW
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.
This agreement shall 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
I IF � ill lifflil FilKiN � I I I I 1 11 1 1
� I ! Kll - r —0 . a .
•r r 1[1��11111111121iil
. a I . , !IVIIIIIIINTINNY M-10,117, 7 0 0
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.
Any compensating tax due at the time of the transfer shall be paid in full.
4. Prior to any development of the east (upland) homesite the owner shall
the existing common boundary between to the two parcels to separate the
mapped homesites such that each is sited on a separate parcel of land.
I ITTIV 112: K
I
John Austin, Chair Phil Johnson, Member
David Sullivan, 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 12- ta
(Must be signed by all owners) Hillary
Shurtleff, Taste i,
MHM Shurtleff 2012 Revocable Trust
Date signed agreement received by Legislative Authority:
�11
EXHIBIT A
Legal Description of Pro eA
580629 Page 34 of 40 11/2612013 04:31 PM
0 -
The North 250 feet of Government Lot 3, Section 22, Township 27 North, Range I West, W.M.,
in Jefferson County, Washington;
TOGETHER WITH tidelands of the second class to the line of extreme low tide in front of,
adjacent to or abutting upon said premises,
ALSO, Government Lot 3, Section 22, Township 27 North, Range I West, W.M., in Jefferson
County, Washington; I.-,,XCEP'F the North 250 feet thereof, ALSO EXCEPT the South 225 feet
thereof-,
TOGETHER WITH tidelands of the second class to the line of extreme low tide in front of,
adjacent to or abutting upon the North half in width of said government lot as conveyed by deed
from the State of Washington to M. N. Dennis and Eleanor C. Dennis, their heirs and assigns,
recorded under Recording No. 177393, records of Jefferson County, Washington;
EXCEPT that portion, if any, of said tidelands adjoining the North 250 feet of said government
lot.
Situate in the County of Jefferson, State of Washington.
A- I