HomeMy WebLinkAboutCUA2013-00003588348 PGS:C AGR
12/26/2014 11:16 AM $77.00 DAVID JOHNSON
Jefferson County WA Auditor's Office - Donna Eldridge, Auditor
1111 PAPUA KOW, Irl A Y K -kA 11111
When Recorded Return to:
Jefferson County
Department of Community Development
621 Sheridan Street
Port Townsend, WA 98368
OPEN SPACE TAXATION AGREEMENT
CH.84.34 RCW
(To be used for "Open Space", "Timber Land" Classification or "Reclassification"
Only)
Grantor(s): Jefferson County
Grantee(s): MHM Shurtleff 2012 Revocable Trust
Hillary Anne Shurtleff, Trustee
Legal Description:
S22 T27 R1W
Lot 3 (N250') & PTN
TL TAX F ABUTTING
And
S22 T27 R1W
Lot 3 (Less N 250) &
S 225) TL TX F (Less N 250) 6.58CH
See Exhibit "A" for full Legal Description
Assessor's Property Tax Parcel or Account Number:
701 223 001 & 701 223 002
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 made application
for classification of that property under the provisions of CH 84.34 RCW.
And whereas, both the owner and granting authority agree to limit the use of said
property, recognizing that such land has substantial public value as open space
and that the preservation of such land constitutes an important physical, social,
esthetic, and economic asset to the public, and both parties agree that the
classification of the property during the life of this agreement shall be for:
X Open Space Land ❑ Timber Land
Now, therefore, the parties, in consideration of the mutual covenants and
conditions set forth herein, do agree as follows:
1. During the term of this agreement, the land shall be used only in accordance
with the preservation of its classified use.
2. No structures shall be erected upon such land except those directly related to,
and compatible with, the classified use of the land.
3. This agreement shall be effective commencing on the date the legislative body
receives the signed agreement from the property owner and shall remain in
effect until the property is withdrawn or removed from classification.
4. This agreement shall apply to the parcels of land described herein and shall be
binding upon the heirs, successors and assignees of the parties hereto.
5. Withdrawal: The land owner may withdraw from this agreement if, after a
period of eight years, he or she files a request to withdraw classification with
the assessor. Two years from the date of that request the assessor shall
withdraw classification from the land, and the applicable taxes and interest
shall be imposed as provided in RCW 84.34.070 and 84.34.108.
6. Breach: After the effective date of this agreement, any change in use of the
land, except through compliance with items (5), (7), or (9), shall be considered
a breach of this agreement, and shall be subject to removal of classification
and liable for applicable taxes, penalties, and interest as provided in RCW
84.34.080 and RCW 84.34.108.
7. A breach of agreement shall not have occurred and the additional tax shall not
be imposed if removal of classification resulted solely from:
(a) Transfer to a governmental entity in exchange for other land located within
the State of Washington.
(b) A taking through the exercise of the power of eminent domain, or sale or
transfer to an entity having the power in anticipation of the exercise of such
power and having manifested its intent in writing or by other official action.
(c) A natural disaster such as a flood, windstorm, earthquake, or other such
calamity rather than by virtue of the act of the landowner changing the use
of such property.
(d) Official action by an agency of the State of Washington or by the county or
city where the land is located disallowing the present use of such land.
(e) Transfer of land to a church when such land would qualify for exemption
pursuant to RCW 84.36.020.
(f) Acquisition of property interests by State agencies or agencies or
organizations qualified under RCW 84.34.210 and 64.04.130 (See RCW
84.34108(5)(f).
(g) Removal of land classified as farm and agricultural land under RCW
84.34.020(2)(d).
8. The county assessor may require an owner to submit data relevant to
continuing the eligibility of any parcel of land described in this agreement.
9. Reclassification as provided in Chapter 84.34 RCW.
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
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.
DATED= ��f
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
� cT
Joh�Austi 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.
DATED14 -I t
12�� ISI
(Must be signed by all owners) Hillary Ane Shurtleff, Trusted/
MHM Shurtleff 2012 Revocable Trust
Date signed agreement received by Legislative Authority:
580629 Page 34 of 40 11125/2013 04:31 PM
Z 12e- tet' ce�,4 k- -/-)"v-S �-
EXHIBIT A A?�r" R ZU J 3
Legal Description of Property
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 1 West, W.M., in Jefferson
County, Washington; EXCEPT 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-1
David W. Johnson
From:
David W. Johnson
Sent:
Friday, December 26, 2014 12:06 PM
To:
Hillary Shurtleff
Cc:
David W. Johnson; Sherrie Shold
Subject:
Current Use Assessment Agreement
Attachments:
Shurtleff CUA Agreement.pdf
Hillary,
Here is the final recorded CUA tax agreement.
David Wayne Johnson - LEED AP - Neighborhood Development
Associate Planner - Port Ludlow Lead Planner
Department of Community Development
Jefferson County
360.379.4465
Mission: To preserve and enhance the quality of life in Jefferson County by promoting a vibrant economy,
sound communities and a healthy environment.
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jeffetson County Department of Community Develoornent
<"
SIOUAKitENE
Better Buk ding starts Herd.
Consent 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 # MLA 13-00160/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:
P ' ip Morl o my Administra r
Date
OFFICE OF THE HEARING EXAMINER
JEFFERSON COUNTYr ``
-"i'
REPORT AND RECOMMENDATION
C 2 Am
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. 171St Street
Seattle, WA 981660
SITE ADDRESS:
PLANNER:
SUMMARY OF REQUEST:
2070 Toandos Road
Quilcene, WA
Tim Woolett
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). The applicant executed a conservation easement in favor of the Jefferson
Land Trust that permanently conserves the property.
SUMMARY OF RECOMMENDATION: Approve, subject to conditions.
PUBLIC HEARING:
After reviewing the Jefferson County Department of Community Development Staff Report
and examining available information on file with the application, the Examiner conducted a
public hearing on the request as follows:
The hearing was opened on November 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 LIST
1X
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 lot/home 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 197-
11-800(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
2X
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 1,150 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 RR1:10 classification and the
parcel to the east is located within the Commercial Forest classification.
6. 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.
8. The request satisfies Policies 2 and 3 set forth in Section III, 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. Bahls 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 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 VI.A above.
The County Assessor will then determine the taxable value of the property
using the PBR assigned by the Board of Commissioners and the Current
Use Assessment 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.
4X
11. 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 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.
5X
CONCLUSIONS AND RECOMMENDATION:
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 Use Assessment with a Public Benefit Rating of
12 points. Such enrollment should be subject to the following conditions:
As required in Part I, 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 10th day of December, 2014.
S rEzl5HENK. CAUSSEAUX, J
Hearing Examiner
6X
JEFFERSON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
621 Sheridan Street I Port Townsend, WA 98368 1 Web: www.co.iefferson.wa.us/communitvdevelooment
Tel: 360.379.4450 1 Fax: 360.379.4451 1 Email: dc_d_(a)co.iefferson.wa.us
Building Permits & Inspections I Development Consistency Review I Long Range Planning I Watershed Stewardship Resource 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: MHM Shurtleff 2012 Revocable Trust
Hillary Anne Shurtleff, Trustee )
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 Toandos Road, Quilcene, Washington.
Recommendation: Approval with conditions.
FINDINGS AND ANALYSIS
1. PROJECT INFORMATION:
A. Applicant: Hillary Anne Shurtleff, Trustee
3101 SW 171' Street
Seattle, WA 98166
B. Proposal: 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 '/4 of Section 22, Township 27N, Range 1 W, W.M. The property
is also identified as Assessor's Parcels number 701 223 001 and 701 223 002.
Current Use Assessment Application No. CUA13-00003 & MLA13-00160
Hillary Shurtleff, Trustee`
Staff Report to the Hearing Examiner f
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 144W3, Ana
Shu#leffthe MHM Shurtleff 2012 Revocable Trust (Hillary Anne Shurtleff, Trustee) totaling 34.4 acres,
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. Zoning/Comprehensive Plan: The subject parcels are zoned Rural Residential 1:10 (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 (reference 2013 aerial photo, Log Item
5).
H. Critical Areas: Jefferson County GIS mapping indicates the following critical areas on the subject parcels
are: Wetlands (along shoreline), Landslide Hazard Area, Critical Aquifer Recharge Areas, Seismic Hazard
Areas, Non -Fish [bearing] Habitat (Type 5 stream), and the property has a Bald Eagle nest site with 660
foot buffer.
I. Prolect/Parcel History: On March 22, 2013 the applicant, Hillary 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 of the date of this report.
L. Agency Comments:
1. Jefferson County 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 half 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. CUA13-00003 & MLA13-00160
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.
Staff response to Assessor's comments: It appears that the acreage concerns may be clarified through
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 under 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).
2. RELATIONSHIP WITH LAND USE REGULATIONS:
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 to
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 any applicable Comprehensive Plan policies are
provided under the 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 Uniform Development Codes requiring
analysis in this report.
Current Use Assessment Application No. CUM 3-00003 & MLA13-00160
Hillary Shurtleff, Trustee
Staff Report to the Hearing Examiner
Page 3 of 8
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 L (B) Lands Eligible for 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 Jefferson County Parks, Recreation and Open Space Plan; or
2. provide a practical buffer between areas of 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 scheduled for 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 useful for
recreation, trails, wildlife habitat, and wildlife habitat connective corridors; or
6. assist in the implementation of the Jefferson County Comprehensive Plan through retention offish
and wildlife habitat.
Section IL Application
Applications for open space classification shall be submitted to the Planning Department. After all filing
requirements are met, the Planning Department shall assign a date for a public hearing, and provide
notice in accordance with RCW 84.34.037. Pursuant to the Jefferson County Hearing Examiner Ordinance,
the Hearing Examiner shall hold apublic hearing to determine whether the application conforms with the
requirements of this program, and RCW 84.34; whereupon, the Examiner shall issue his recommendation
to the Jefferson County Board of Commissioners for final legislative approval.
Section Iii List of Eligible Resources (Those pertinent to this proposal are in bold.)
High Priority Resources ... 2 pts. Each.
1.
Significant Archaeological and Historical Sites
2.
Significant Geologic and Shoreline Features
3.
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.
Floodplain
10.
Urban Open Spaces
Low Priority Resources... Ipt Each.
1. Low Priority Shorelines
2. Public Lands Buffer
3. Scenic Vistas
4. Steep Slopes
5. Prime Agricultural Lands
6. Low Priority Wetlands
Section VI. Current Use Valuation
Public Benefit Rating System
1. Resources (maximum 4 points)
Current Use Assessment Application No. CUM 3-00003 & 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 of Development Rights (maximum 6 points)
4. County Policy Goals (1 pt. each for a maximum of 2 points)
a. Implements Jefferson County Parks, Recreation and Open Space Plan
... Ipt
b. Provides buffer between conflicting uses ... 1 pt.
c. Limits access, congestion and strip -commercial development ... 1 pt.
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 pt.
MAXIMUM P UBLIC BENEFIT RATING (PBR) = 12 points
MINIMUM P UBLIC BENEFIT RATING = S points
Section VII. Classification Procedure
... The task of the Board of County 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 VI. A.
Note: The Public Benefit Rating has been organized in an assessment worksheet for the purpose of
convenience (Log Item # 17).
A staff evaluation of the rating follows and is based on the report titled "Description of Priority Resources
of the MHM2012 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 Habitat Areas Access
Areas utilized by both special andlor other fish and wildlife in such frequency and diversityfor critical
ecological processes occurring such as breeding, nesting, nursery, feeding, and resting.
Criteria: Eligible lands are those identified by either: (a) the Washington State Department of Wildlife or
Washington State Department of Fisheries; or (b) a competent professional whose findings are accepted by
the Department of Wildlife — Natural Heritage Program and Priority Habi9tat and Species Program.
Staff Comment: 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. CUM 3-00003 & MLA13-00160
Hillary Shurtleff, Trustee
Staff Report to the Hearing Examiner
Page 5 of 8
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 State Department of Wildlife. 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 Heritage
Program; or which are verified by the State Department of Wildlife or an expert in the field, as containing
the same animals and which are acceptable by the state agency for addition to the data base.
Staff Comment: As provided in the report prepared by Peter Bahls (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 Buffer Areas
An undisturbed zone of vegetation, adjacent to a stream, lake, pond, wetland or marine waters, of a
sufficient width (no less than 25 feet and no greater than 100 feet), that will benefit a surface water body by
protecting water quality and reducing erosion.
Criteria: Eligible lands are those meeting the above definition. A Surface Water Quality Buffer Area must
be preservedfrom intrusion by domesticated animals or structures. All Buffer Area lands in or adjacent to
pasture land must be fenced to prevent intrusion by domesticated animals. The width of the Buffer is
measured upland from the ordinary high-water mark of the stream, lake, pond, or marine waters. In the
case of wetlands, the buffer area will be measured upland from the edge of the wetland. The buffer area
does not include the wetland itself or the body of water waterward of the 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 — I point each
Scenic Vistas
An area providing unique or unusual views of natural features in Jefferson County, which are significant to
the aesthetic character of the County, within the jurisdiction of 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 of any structural improvements and
substantially preserve the scenic vista.
Staff Comment: As stated in the report prepared by Peter Bahls (Log Item #2, page 3 of 6), "The proposed
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. CUM 3-00003 & 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. Bahls' report.
Recommend 1 point
Steep or Unstable Slopes
Steep slopes are those with a slope of 30% or greater. Unstable slopes may be less than 30% 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 field.
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 1 point
Some Public Access
Staff Comment: As stated in the report prepared by Peter Bahls (Log Item #2, page 4 of 6), "The
conservation easement permits public access for educational and scientific purposes with prior approval of
the landowner."
Recommend 1 point
Transfer of Development Rights (TDR) (Total Maximum Points = 6)
Conveyance recorded with the Auditor
An agreement between the property owner and any agency qualifying under RCW 64.04.130 and/or
84.34.250, which permanently transfers development rights to the agency for purposes of perpetual
conservation.
Staff Comment: 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 by establishing open space corridors
between urban growth areas or by retaining fish 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 Trust furthers the
County's Comprehensive Plan to protect significant fish and wildlife habitats and wildlife corridors.
Recommend 1 point
Tidelands, Shorelands, and Buffers (Section IV. B. amended by Resolution No. 75-95):
Undeveloped buffers along marine shorelines qualms for special consideration under the Public Benefit
Rating (PBR) System. An undisturbed zone of vegetation, adjacent to marine waters, of no less than 200
feet qualifies automatically for a PBR of 3.
Staff Comment: As supported in the report prepared by Peter Bahls (Log Item #2, 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. CUM 3-00003 & MLA13-00160
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:
3. CONCLUDING COMMENTS
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
Plan 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 longus 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
Based 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 I, 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 & MLA13-00160
Hillary Shurtleff, Trustee
Staff Report to the Hearing Examiner
Page 8 of 8
COUNTY POLICY GOALS
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
0
(1 point each)
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 (1 I points)
Aquaculture Tidelands (11 points)
Total Tidelands, Shorelands & Buffers Points
TOTAL PUBLIC BENEFIT RATING FOR ALL CATEGORIES
Public Benefit Rating Worksheet
LOG ITEM
Pape, o f
0
0
OPEN SPACE CURRENT USE TAX ASSESSMENT
PUBLIC BENEFIT RATING WORKSHEET
Applicant f/, L� ��,�� z_�F Phone:
Site Address: .2o '7o oc>f, fKoCn i 1. Qu, A -t 4 `Ai .377
HIGH 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
Urban 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)
TRANSFER OF DEVELOPMENT RIGHTS (TDR)
Conveyance recorded with the Auditor el
Total TDR Points
(6 Maximum Points) LOG ITEM
Public Benefit Rating Worksheet Pag Page1 ofo f
JEFFERSON COUNTY TREASURER
P.O. Box 571 - Port Townsend, Washington 98368
Email: spradagco jefferson.wa.us
www.co.iefferson.wa.us
Stacie Prada Hoskins — Treasurer (360)385-9154
Janet A. Holbrook — Chief Deputy (360)385-9151
TREASURERS CERTIFICATE OF TAXES PAID THROUGH 2014 ON REAL
PROPERTY
Parcel Numbers: 701223001
701223002
Owners: MHM Shurtleff 2012 Rev Trust
Hilliary Anne Shurtleff Trustee
3101 SW 171 st
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.
Ja et Holbrook, Chief DeputyTreasurer
9
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10:35:03 2014
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FOR INFORMATIONAL PURPOSES ONLY -
Jefferson County does not attest to the accuracy of the data contained herein and makes no warranty with respect to its
correctness or validity. Data contained in this map is limited by the method and accuracy of its collection. Wed Nov 12
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FOR INFORMATIONAL PURPOSES ONLY -
Jefferson County does not attest to the accuracy of the data contained herein and makes no warranty with respect to its
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10:32:50 2014
http://gisserverlservleticom.esri.esrimap.Esrimap?ServiceName=ovmap&ClientV ersion=4.0&Form=Tru... 11/12/2014
UJ# CONSISTENCY REVIE0
Master#MLA13-00160 Review Type Project Description
CUA13-00003 OPEN SPACE APPLICATION OF 32.4 ACRES
Primary: HILLARY A SHURTLEFF TRSTE Site Address:
MHM SHURTLEFF 2012 REV TR ....................
9119 NE 24TH STT WA,
CLYDE HILL WA 98004-2421
3.
Project Location: Parcel Numbers: "/U1 223 UU1, "/U1 223 UU2, Legal Discription: Ptns UL3 22-2 /N-1
Project Planner:
Parcel Number: 701223001 S -T -R: 22 -27N -01W Total Acreage 7
Legal Description S22 T27 Rl W LOT 3 (N250) & PTN TL TAX F ABUTTING Land Use: 9100
Flood District: Fire District: 2 Planning Area: 9
Flood Map (FIRM) Panel No: ehool D 48 Zoning:
Parcel Number: 701223002 S -T -R: 22 -27N -01W Total Acreage 27
Legal Description S22 T27 Rl W LOT 3(LESS N 250'& S225')TL TX F (LESS Land Use: 1100
N250') 6.58CH
Flood District: Fire District: 2 Planning Area: 9
Flood Map (FIRM) Panel No: chool D 48 Zoning:
COMP PLAN
DESIGNATION:
COMMUNITY PLAN: UGA: UGA Trans
[ ] Plot plan states "property line"
[ ] Assessor's Map (Property lines on submitted plot plan must match the property lines as identified on the Assessor's 1/4 map)
[ ] Legal Access to Property YES NO
[ ] Parcel Tags or Scanned Documents YES NO
[ ] ESA's: Special Reports Nearby YES NO
[ ] Designated Ag YES NO
[ ] Shoreline Designation: YES NO
[ ] Shoreline Slope Stability: YES NO
Stream Type:YES NO
FWHCA: YES NO
Wetlands: YES NO
Rare Plants:YES NO
Seismic: YES NO
Landslide: YES NO
Flood: YES NO
Erosion: YES NO
Aquifer Recharge Area:YES NO
SIPZ: none At Risk High Risk Coastal
CMZ: none High Risk Moderate Risk Disconnected CMZ
Stormwater site plan submitted: YesNo
[ ] Forest Lands: YES NO
Adjoining Forest Lands: Commercial/ Rural/ Inholding
[ ] Mineral Lands: YES NO
[ ] Agricultural Lands: YES NO
[ ] Archaeology: YES NO
[ ] No Shooting Zone: YES NO
[ ] Stormwater: New Impervious Surface
Land Disturbing Activity
Stormwater Reqs: Min Req #2 Min Req #1 thru #5
ESA's
Min Req #1 thru #10 Engineering
[ ] Notice ProVisions�Disclosure:Airport YES No MRL YES No Forest Lands YES No
[ ] Landscaping Required: YeeNo 41
[ ] Parking Spaces Required NO 2 Other
f 1 Building Heiaht: 35' UBC Standard
[ ] Impervious Surface coverage percentage:
Resource Lands & Public: 10% Rural Residential: 25% Rural Industrial: Per UDC Sec 6.7
Rural Commercial: 60% Area of Building Coverage: 60% in Rural Industrial Lands only
[ ] Total Building (s) Size:
RVC: 20,000 SF CC: 5,000 SF NC: 7,500 SF GC: 10,000 SF All others: subject to septic & water constraints/None specified
[ ] Setbacks: Front: Left Side: Right Side: Rear:
Shoreline Setback:
LSHA Setback:
Road Classification:
Road Approach: EXISTING NOT REQ'D RAP
SEPA Required: YES EXEMPT
Flood Certificate:
Existing Case(s) & Condition(s):
Violations: Yes No
Recorded Date of Subdivision: AFN Over 5yrs=UDC
Plat Conditions: <5yrs=Plat Conditions on plat or Old Ordinance
Lots/Require Declaration of Restrictive Covenant YES NO, submitted: YES NO
UGA No Protest Agreement YES NO, submitted: YES NO
Site Visit conducted YES NO
Require Final Zoning Approval YES NO
ADMIN: Setbacks entered in Permit Plan case N/A YES
New Parcel Tags entered in Permit Plan N/A YES _
Special Reports Scanned N/A YES
CASES, FINDING, CONDITIONS, PERMISSIONS FOR
Parcel 701223001 •
Printed: December 20, 2013
Cases Name
CUA13-00003 MLA13-00160 SHURTLEFF TRSTE
Application Received: 12/20/2013 Permit Issued/Case closed:
OPEN SPACE APPLICAT1101TOT32.4 ACRES
No findings, conditions, or permissions found.
SEP79-00058 SHURTLEFF
Application Received: 6/14/1979 Permit Issued/Case closed: 6/14/1979
No findings, conditions, or permissions found.
SOM79-00058 SHURTLEFF
Application Received: 6/14/1979 Permit Issued/Case closed:
No findings, conditions, or permissions found.
\\tidemark\data\forms\R_MLT_Pareel_Cond.rpt 12/20/2013
Review Type Status
P
Case Finaled:
F
Case Finaled: 6/14/1979
Case Finaled:
F
Page 1 of 1
Planner
Title Notes
Updated
Parcel tags found for parcel 73001
1.) WSRC Coaching - 2013- 01
5/16/13
Other
Parcel tags found for parcel 701223001
2.) WSRC Coaching - 2013-02-04 Buffers
5/30/13
CAO
Parcel tags found for parcel 701223001
3.) WSRC Coaching - 2013-02-04 permit Req.
5/30/13
Other
Parcel tags found for parcel 701223001
4.) WSRC Coaching - 2013-02-04 shoreline jurisdiction
5/30/13
SMP
Parcel tags found for parcel 701223001
5.) WSRC Coaching - 2011-03-11, CZ
8/23/13
Other
Parcel tags found for parcel 701223001
6.) WSRC Coaching - 2011-03-11, CZ
8/23/13
CAO
Parcel tags found for parcel 701223001
7.) WSRC Coaching - 2011-02-17, CZ
8/23/13
Other
Parcel tags found for parcel 701223002
8.) WSRC Coaching - 2013-02-04 Buffers
5/30/13
CAO
Parcel tags found for parcel 701223002
9.) WSRC Coaching - 2013-02-04 shoreline
5/30/13
SMP
Parcel tags found for parcel 701223002
10.) WSRC Coaching - 2013-02-04
5/30/13
Other
Parcel tags found for parcel 701223002
11.) WSRC Coaching - 2011-03-11, CZ
8/23/13
Other
Parcel tags found for parcel 701223002
12.) WSRC Coaching - 2011-03-11, CZ
8/23/13
CAO
Parcel tags found for parcel 701223002
13.) WSRC Coaching - 2011-02-17, CZ
8/23/13
Other
Associated CASES status issued finaled description
701223001
MLA13-00160
CUM 3-00003 P OPEN SPACE APPLICATION OF 32.4 ACRES
0
Zoe Ann Lamp
From: Sherrie Shold
Sent: Wednesday, March 26, 2014 3:25 PM
To: Zoe Ann Lamp
Subject: Shurtleff OS/OS MLA12-00160
Attachments: March 26.pdf
Zoe,
Attached are my comments for the Shurtleff application.
sherr�e
sheryLe show
Properto Operatfows
Jeffersovi, Couwto Assessor's O f fire
360-3859105
sshold6Dc,p, itffersow.wa.us
March 26, 2014
Re: Shurtleff OS/OS MLA13-00160
Parcel: 701223001 & 701223002
The following are my comments/concerns on the above application.
I wanted to clarify the southerly parcel's tidelands only front the northerly half of the parcel. The residual tidelands
fronting the parcel are owned by the State of Washington.
The Assessor's Office does not measure tideland by acreage so I was unable to verify there are actually four acres of
tidelands being encompassed by the CE with JLT.
I am concerned that the west building envelope is only .54 acres when we require a minimum of one acre per homesite.
My second area of concern which I need clarification of, is whether or not two more houses may be allowed and can the
property be subdivided to accommodate the building of two additional homes. If this is the case, an additional homesite
will need to be reserved and excepted from this application, as each home on individual parcels must have a minimum
of one acre.
r � •
SON �oG JEFFERSON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
w ,a
621 Sheridan Street, Port Townsend, WA 98368 ( Web: www.co.iefferson.wa.us/communitydevelopment
�9sXo Tel: 360.379.4450 1 Fax: 360.379.4451 Email: dcd(c-co.iefferson.wa.us
SquareONE Resource Center i Building Permits & Inspections I Development Review I Long Range Planning
February 27, 2014
TO: Sherrie Shold, Property Operations
FROM: Zoe Ann Lamp, Associate Planner
DATE: February 27, 2014
SUBJECT: MLA13-00160 Current Use Assessment Application for Hillary Shurtleff
Jefferson County has forwarded the attached application to you for review and comment because your
agency is responsible for determining compliance with state and federal requirements or may otherwise be
affected by the following proposal:
OPEN SPACE APPLICATION OF 32.4 ACRES
Location:
Parcel Numbers: 701 223 001, 701 223 002, Legal Description: Ptns GL3 22 27N 1 W
Comments must be received within fourteen (14) calendar days or by March 13, 2014. If no written
response has been received within fourteen (14) days, your agency will be presumed to have no comments.
If necessary, the UDC administrator may grant an extension of time for comment. Please contact at
(360)379 4450 if you desire an extension of time or have additional questions regarding this proposal.
Thank you in advance for your attention to this matter.
Zoe Ann Lamp
From:
Sherrie Shold
Sent:
Tuesday, March 25, 2014 5:44 PM
To:
Zoe Ann Lamp
Subject:
Shurtleff
Zoe,
I am working on the Shurtleff Conservation Easement will have comments soon.
Sherrie
Jefferson County Department of Community Defopment
621 Sheridan Street, Port Townsend, WA 98368
(360) 379-4450
POSTING INSTRUCTIONS
Please post the attached notice on a 2 -foot by 3 -foot board provided by this department in a
conspicuous location visible to vehicle traffic and pedestrians on or reasonably near the
proposed
development by October 29, 2014.
The clear adhesive paper can be put over the notice after you mount it to protect it from the
elements.
Additional notice boards may be required where the site does not abut a public road, for a large site
that abuts more than one (1) public road, or the Administrator determines that additional notice
boards are necessary to provide adequate public notice.
Notice boards shall be maintained in good and legible condition by the applicant during the notice
period, be in place at least fifteen (15) calendar days prior to the date of the hearing, and be
removed within fifteen (15) calendar days after the end of the notice period.
Complete the affidavit, have it notarized, and return it to this office within three (3) days of
posting. If the affidavit is not filed as required, any scheduled hearing or date by which the public
may comment on the application will be postponed in order to allow compliance with this notice
requirement.
If you have any questions, please contact this office at (360) 379-4450.
MLA number: MLA13-00160
Proponent(s): HILLARY SHURTLEFF TRSTE
Tim Woolett
From: Donna Rosmaier <legals@ptleader.com>
Sent: Wednesday, October 29, 2014 3:07 PM
To: Tim Woolett
Subject: Your publication verification is attached
Attachments: JeffCo D Prebill - 134999.pdf
Hello,
Your ad has run, or will run as requested on the dates specified in your original request for publication. Any changes to
the original request must be made in writing and reach us by the specified deadlines necessary to assure correct
publication of your ad.
Important: Please note that affidavits are produced after the last publication date and receipt of full payment for
the advertisement. 24 hours notice is also required to produce the affidavit.
If you have any questions about the information above or any other legal ad issue, please feel free to contact
me directly.
Leader Readers are everywhere!
70 percent of north Jefferson County homes are Leader Readers...
17,500 locals each week...
23,000 people use PTleader.com each week.
Thank you.
Donna Rosmaier
Legal Ad Coordinator
The Leader
360-385-2900
legals@ptleader.com
1
226 Adams Street - Port Townsend, WA 98368 • 360-385-2900
Bill to:
Jodi Adams
JeffCo Dept of Community Development
621 Sheridan Street
Port Townsend, WA 98368
• Ad ID: 134999
Pre -Bill
Sold to: Account ID: 15833
Tom Woolett
JeffCo Dept of Community Development
621 Sheridan Street
Port Townsend, WA 98368
Please pay from this Pre -Bill. Return stub with payment Rep ID: DR Terms: Net 30
Description
Classification of Ad: 460 — County Notices Zone: A
PO: MLA13-00160 Text: JEFFERSON COUNTY NOTICE OF CORRECTION APPLICATION AND
P...
Charges from 10/29/2014 to 10/29/2014
Date Pub Type Description Price Discount Applied Due
10/29/14 1 PTL I ad LEGALS: JEFFERSON COUNTY - $78.00 $78.00
Please return this portion with your payment.
Remit Payment to:
Port Townsend Leader
226 Adams Street
Port Townsend, WA 98368
Phone: 360-385-2900
Fax: 360-385-3422
Jodi Adams
JeffCo Dept of Community Development
621 Sheridan Street
Port Townsend, WA 98368
$78.00 1 1 1 $78.00
Pre -Bill
Amount Due $78.00
Amount Enclosed
Issue Date: 10/29/2014
Prebill Date: 10/29/2014
Ad # 1134999
Account # 115833
Please publish one time. PUBLISH DATE: October 29, 2014
BILL: Jefferson County Department of Community Development
621 Sheridan Street, Port Townsend, WA 98368
Account Number: 15833
JEFFERSON COUNTY
NOTICE OF CORRECTION
APPLICATION AND PUBLIC HEARING FOR
CURRENT USE ASSESSMENT APPLICATION
MLA13-00160
NOTICE IS HEREBY GIVEN that a public hearing will be held by the Jefferson County Hearings Examiner to review and receive comments on a
Current Use Assessment Application.
APPLICANT:
Hillary Shurtleff, Trustee, MHM Shurtleff Trust
3101 SW 171` St., Seattle, WA 98166
Application Received: December 17, 2013
Application Complete: January 14, 2014
Application Notice: October 29, 2014
SITE ADDRESS AND PROJECT LOCATION:
2070 Toandos Road, Quilcene, WA
Parcel number 701 223 001 and 701 223 002, Section 22, Township 27N, Range 1W, WM.
PROJECT DESCRIPTION AND REQUIRED PERMITS/STUDIES:
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 sites. The entire parcel was protected on November 25, 2013 The entire parcel was protected under a
conservation easement held by the Jefferson Land Trust on 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,
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.
PUBLIC HEARING AND WHERE TO VIEW DOCUMENTS:
The public hearing will be conducted on Tuesday, November 25, 2014 in the First Floor Conference Room of the Jefferson County Courthouse. The
hearing will begin at or about 2:OOPM.
The application and any studies may be reviewed at the Jefferson County Department of Community Development. All interested persons are invited
to (a) comment on the application; (b) receive notice of and participate in any hearings; and (c) receive a copy of the decision by submitting such
written comment(s)/request(s) to the Jefferson County Department of Community Development, Development Review Division, 621 Sheridan Street,
Port Townsend, WA 98368, (360) 379-4450.
SEPA INFORMATION AND DETERMINATION:
This is a Current Use Assessment Application that is categorically exempt from SEPA review per WAC 197-11-800 (14) (k).
Project Planner: Tim Woolett, 360-379-4450
a
• •
JEFFERSON COUNTY PERMIT CENTER
CASE NO. 117LA 13 _ a6zelo
CERTIFICATION OF MAILING
I make the following certification:
I am competent to testify and make this certification based upon personal knowledge. On this
day of 1JQ o �A, Le -s , 2014, I deposited into the U.S. Mail with first class postage
affixed, true and correct copies of /yimGc, a,r ,/-earl, 'rJ Pu`1.,
in the above matter, addressed to:
Adjacent Property Owners: See attached list. (Notices Only)
❑ Agencies: See attached list.
❑ Interested Parties: See attached list.
E7` Applicant/Representative - Posting Packet: 1 set of laminating sheets with Notices,
Posting Instruction, Affidavit, and a copy of Notice.
Newspapers (Notices Only)
❑ Official Posting Places (0)
❑ Other:
I declare under penalty of perjury under the laws of the State of Washington that the foregoing
certification is true and correct.
EXECUTED this_5j7�J`day of moueel�,ro , 2014 at Port Townsend, Washington.
Decla •ant
G:\PLNCNTR\PLNCLERK\Forms & Form Language\FRM Certification of Mailing updated 01-2014.docx
JEFFERSON COUNTY
NOTICE OF APPLICATION AND PUBLIC HEARING
CURRENT USE ASSESSMENT APPLICATION
MLA13-00160
NOTICE IS HEREBY GIVEN that a public hearing will be held by the Jefferson County Hearings
Examiner to review and receive comments on a Current Use Assessment Application.
APPLICANT:
Hillary Shurtleff, Trustee, MHM Shurtleff Trust
3101 SW 17111 St., Seattle, WA 98166
Application Received: December 17, 2013
Application Complete: January 14, 2014
Application Notice: October 29, 2014
SITE ADDRESS AND PROJECT LOCATION:
2070 Toandos Road, Quilcene, WA
Parcel number 701 223 001 and 701 223 002, Section 22, Township 27N, Range 1W, WM.
PROJECT DESCRIPTION AND REQUIRED PERMITS/STUDIES:
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 sites. The entire parcel was
protected on November 25, 2013 The entire parcel was protected under a conservation
easement held by the Jefferson Land Trust on 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, 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.
PUBLIC HEARING AND WHERE TO VIEW DOCUMENTS:
The public hearing will be conducted on Tuesday, November 25, 2014 in the First Floor
Conference Room of the Jefferson County Courthouse. The hearing will begin at or about
2:OOPM.
The application and any studies may be reviewed at the Jefferson County Department of
Community Development. All interested persons are invited to (a) comment on the application;
(b) receive notice of and participate in any hearings; and (c) receive a copy of the decision by
submitting such written comment(s)/request(s) to the Jefferson County Department of
Community Development, Development Review Division, 621 Sheridan Street, Port Townsend,
WA 98368, (360) 379-4450.
SEPA INFORMATION AND DETERMINATION:
This is a Current Use Assessment Application that is categorically exempt from SEPA review
per WAC 197-11-800 (14) (k).
Project Planner: Tim Woolett, 360-379-4450
Applicant
HILLARY ANNE SHURTLEFF TRUSTEE
3101 SW 171sT
BURIEN, WA 98166-3243
701222003
JACQUELINE L. SUND TRUSTEE
JOHN & KATHLEEN TAYLOR
JOAN A BORGE
3524 114TH ST NW
GIG HARBOR, WA 98332-8992
701224001
POPE RESOURCES
C/O OLYMPIC RESOURCE MGMT
ATTN: LAND RECORDS
19950 7TH AVE NE #200
POULSBO, WA 98370
701223004
LOMAS KINZIE LLC
2480 NE RACHELS LN
POULSBO, WA 98370-9078
701223003
WARREN F. TYTLER
PO BOX 805
POULSBO, WA 98370-0805
ODAVIT OF POSTING PUBLIC NOTICE 0
JEFFERSON COUNTY UNIFIED DEVELOPMENT CODE
ORDINANCE #03-0702-01
State of Washington)
County of Jefferson)
I, �� ,-;—>4-„ � . �J being duly sworn of oath say that I have posted one (1) public notice
poster on or ne r the site identified in the following development description:
PROPOSAL: OPEN SPACE APPLICATION OF 32.4 ACRES
This notice was posted in full compliance with UNIFIED DEVELOPMENT CODE on:
the_j��!k day of c3ztr - 2014.
(Sign ure of person posting notice)
Subscribed and sworn to before me on this day of 2014.
Acknowledgement:
Notary Pu and for the State of Washington,
residing i f—td,.oY. , Washington.
My commission expires:
MLA Number: MLA13-00160
Proponent(s): HILLARY A SHURTLEFF TRSTE
\\tidemark\data\forms\F_MLT_NtcAppl 4_APO_U. rpt 11/6/2014
A'.0'0p1 AOoyd
110TMIr
-
/M' AEN,�`�`�
NOTARY STAMP
0
L 7
JEFFERSON COUNTY •
NOTICE OF APPLICATION AND PUBLIC HEARING
CURRENT USE ASSESSMENT APPLICATION
MLA13-00160
NOTICE IS HEREBY GIVEN that a public hearing will be held by the Jefferson County Hearings
Examiner to review and receive comments on a Current Use Assessment Application.
APPLICANT:
Hillary Shurtleff, Trustee, MHM Shurtleff Trust
3101 SW 171St St., Seattle, WA 98166
Application Received: December 17, 2013
Application Complete: January 14, 2013
Application Notice: October 15, 2013
SITE ADDRESS AND PROJECT LOCATION:
2070 Toandos Road, Quilcene, WA
Parcel number 701 223 001 & 701 223 002, Section 22, Township 27N, Range 1W, WM.
PROJECT DESCRIPTION AND REQUIRED PERMITS/STUDIES:
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 sites. The entire parcel was protected on
November 25, 2013 The entire parcel was protected under a conservation easement held by the
Jefferson Land Trust on 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, 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.
PUBLIC HEARING AND WHERE TO VIEW DOCUMENTS:
The public hearing will be conducted on Tuesday, November 11, 2014 in the First Floor
Conference Room of the Jefferson County Courthouse. The hearing will begin at or about
2:OOPM.
The application and any studies may be reviewed at the Jefferson County Department of
Community Development. All interested persons are invited to (a) comment on the application; (b)
receive notice of and participate in any hearings; and (c) receive a copy of the decision by
submitting such written comment(s)/request(s) to the Jefferson County Department of Community
Development, Development Review Division, 621 Sheridan Street, Port Townsend, WA 98368,
(360) 379-4450.
SEPA INFORMATION AND DETERMINATION:
This is a Current Use Assessment Application that is categorically exempt from SEPA review per
WAC 197-11-800 (14) (k).
Project Planner: Tim Woolett, 360-379-4450
•
•
Jefferson County Department of Community Development
621 Sheridan Street, Port Townsend, WA 98368
(360) 379-4450
POSTING INSTRUCTIONS
Please post the attached notice on a 2 -foot by 3 -foot board provided by this department in a
conspicuous location visible to vehicle traffic and pedestrians on or reasonably near the
proposed
development by October 29, 2014.
The clear adhesive paper can be put over the notice after you mount it to protect it from the
elements.
Additional notice boards may be required where the site does not abut a public road, for a large site
that abuts more than one (1) public road, or the Administrator determines that additional notice
boards are necessary to provide adequate public notice.
Notice boards shall be maintained in good and legible condition by the applicant during the notice
period, be in place at least fifteen (15) calendar days prior to the date of the hearing, and be
removed within fifteen (15) calendar days after the end of the notice period.
Complete the affidavit, have it notarized, and return it to this office within three (3) days of
posting. If the affidavit is not filed as required, any scheduled hearing or date by which the public
may comment on the application will be postponed in order to allow compliance with this notice
requirement.
If you have any questions, please contact this office at (360) 379-4450.
MLA number: MLA13-00160
Proponent(s): HILLARY SHURTLEFF TRSTE
•
Tim Woolett
From:
Legals-Donna <legals@ptleader.com>
Sent:
Wednesday, October 22, 2014 10:53 AM
To:
Tim Woolett
Subject:
Re: Notice of Application and Public Hearing - Correction
Tim,
Looks good. I'll contact you if I have questions. _)
Your legal publication request has been received. Should we have further questions regarding the
specifics of the submission we'll contact you to clarify them prior to the first publish date.
Any correction or change requests need to be made by our deadline for that specific issue. We
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Important Note: Affidavits are issued only after full payment has been received. After the notice
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Legal Coordinator
The Leader
226 Adams St.
Port Townsend, WA 98368
(360)385-2900
legalse-ptleader.com
Leader Readers are everywhere!
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I
On Oct 22, 2014, at 9:52 AM, Timl000lett <TWoolettgco.jefferson.wa.usoote:
Hi Donna,
Attached are two legal notices for publication in the October 291h edition of the Leader. The previous
notice on these proposals were mistakenly scheduled for Veteran's Day (my bad). Will these suffice or is
there additional information required of me?
Thank you.
Tim
Tim Woolett
Assistant Planner, Jefferson County Department of Community Development
621 Sheridan Street * Port Townsend, WA 98368
Phone 360-379-4484 * Fax 360-379-4451
twoolett(cico.je ti erson.wa. us
All a -mail sent to this address has been received by the Jefferson County e-mail system and is therefore subject to the Public
Records Act, a state law found at RCW 42.56, under the Public Records law the County must release this e-mail and its contents to
any person who asks to obtain a copy (or for inspection) of this e-mail unless it is also exempt from production to the requester
according to state law, including RCW 42.56 and other state laws.
<MLA 13-000160Shurtliff CUA Publish.docx><MLA 13-00156 Hagen CUA Publish.docx>
Please publish one time. PUBLISH DATE: October 15, 2014
BILL: Jefferson County Department of Community Development
621 Sheridan Street, Port Townsend, WA 98368
Account Number: 15833
JEFFERSON COUNTY
NOTICE OF APPLICATION AND PUBLIC HEARING
CURRENT USE ASSESSMENT APPLICATION
MLA13-00160
NOTICE IS HEREBY GIVEN that a public hearing will be held by the Jefferson County Hearings Examiner to review and receive comments on a
Current Use Assessment Application,
APPLICANT:
Hillary Shurtleff, Trustee, MHM Shurtleff Trust
3101 SW 171' St., Seattle, WA 98166
Application Received: December 17, 2013
Application Complete: January 14, 2013
Application Notice: October 15, 2013
SITE ADDRESS AND PROJECT LOCATION:
2070 Toandos Road, Quilcene, WA
Parcel number 701 223 001 and 701 223 002, Section 22, Township 27N, Range 1W, WM.
PROJECT DESCRIPTION AND REQUIRED PERMITS/STUDIES:
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 sites. The entire parcel was protected on November 25, 2013 The entire parcel was protected under a
conservation easement held by the Jefferson Land Trust on 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,
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,
PUBLIC HEARING AND WHERE TO VIEW DOCUMENTS:
The public hearing will be conducted on Tuesday, November 11, 2014 in the First Floor Conference Room of the Jefferson County Courthouse. The
hearing will begin at or about 2:OOPM.
The application and any studies may be reviewed at the Jefferson County Department of Community Development. All interested persons are invited
to (a) comment on the application; (b) receive notice of and participate in any hearings; and (c) receive a copy of the decision by submitting such
written comment(s)/request(s) to the Jefferson County Department of Community Development, Development Review Division, 621 Sheridan Street,
Port Townsend, WA 98368, (360) 379-4450.
SEPA INFORMATION AND DETERMINATION:
This is a Current Use Assessment Application that is categorically exempt from SEPA review per WAC 197-11-800 (14) (k).
Project Planner: Tim Woolett, 360-379-4450
0tce Xwr
226 Adams Street - Port Townsend, WA 98368.360-385-2900
Bill to:
Jodi Adams
JeffCo Dept of Community Development
621 Sheridan Street
Port Townsend, WA 98368
Please pay from this Pre -Bill. Return stub with
Ad ID: 134677
Pre -Bill
Sold to: Account ID: 15833
Tom Woolett
JeffCo Dept of Community Development
621 Sheridan Street
Port Townsend, WA 98368
Rep ID: DR I Terms: Net 30
uescription
Classification of Ad: 460 — County Notices Zone: A
PO: MLA13-00160 Text: JEFFERSON COUNTY NOTICE OF APPLICATION AND PUBLIC
HEART...
Charges from 10/15/2014 to 10/15/2014
Date Pub Type Description Price Discount Applied Due
10/15/14 1 PTL I ad I LEGALS: JEFFERSON COUNTY - 1 $78.001 1 1 $78.00
Please return this portion with your payment.
Remit Payment to:
Port Townsend Leader
226 Adams Street
Port Townsend, WA 98368
Phone: 360-385-2900
Fax: 360-385-3422
Jodi Adams
JeffCo Dept of Community Development
621 Sheridan Street
Port Townsend, WA 98368
$78.00 1 1 $78.00
Pre -Bill
Amount Due $78.00
Amount Enclosed
Issue Date: 10/15/2014
Prebill Date: 10/15/2014 -�
Ad # 1134677
Account # 115833
JEFFERSON COUNTY
NOTICE OF APPLICATION AND PUBLIC HEARING
CURRENT USE ASSESSMENT APPLICATION
MLA13-00160
NOTICE IS HEREBY GIVEN that a public hearing will be held by the Jefferson County Hearings
Examiner to review and receive comments on a Current Use Assessment Application.
APPLICANT:
Hillary Shurtleff, Trustee, MHM Shurtleff Trust
3101 SW 171St St., Seattle, WA 98166
Application Received: December 17, 2013
Application Complete: January 14, 2013
Application Notice: October 15, 2013
SITE ADDRESS AND PROJECT LOCATION:
2070 Toandos Road, Quilcene, WA
Parcel number 701 223 001 and 701 223 002, Section 22, Township 27N, Range 1W, WM.
PROJECT DESCRIPTION AND REQUIRED PERMITS/STUDIES:
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 sites. The entire parcel was
protected on November 25, 2013 The entire parcel was protected under a conservation
easement held by the Jefferson Land Trust on 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, 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.
PUBLIC HEARING AND WHERE TO VIEW DOCUMENTS:
The public hearing will be conducted on Tuesday, November 11, 2014 in the First Floor
Conference Room of the Jefferson County Courthouse. The hearing will begin at or about
2:OOPM.
The application and any studies may be reviewed at the Jefferson County Department of
Community Development. All interested persons are invited to (a) comment on the application;
(b) receive notice of and participate in any hearings; and (c) receive a copy of the decision by
submitting such written comment(s)/request(s) to the Jefferson County Department of
Community Development, Development Review Division, 621 Sheridan Street, Port Townsend,
WA 98368, (360) 379-4450.
SEPA INFORMATION AND DETERMINATION:
This is a Current Use Assessment Application that is categorically exempt from SEPA review
per WAC 197-11-800 (14) (k).
Project Planner: Tim Woolett, 360-379-4450
Please publish one time. PUBLISH DATE: October 15, 2014
BILL: Jefferson County Department of Community Development
621 Sheridan Street, Port Townsend, WA 98368
Account Number: 15833
JEFFERSON COUNTY
NOTICE OF APPLICATION AND PUBLIC HEARING
CURRENT USE ASSESSMENT APPLICATION
MLA13-00160
NOTICE IS HEREBY GIVEN that a public hearing will be held by the Jefferson County Hearings Examiner to review and receive comments on a
Current Use Assessment Application.
APPLICANT:
Hillary Shurtleff, Trustee, MHM Shurtleff Trust
3101 SW 1711 St., Seattle, WA 98166
Application Received: December 17, 2013
Application Complete: January 14, 2013
Application Notice: October 15, 2013
SITE ADDRESS AND PROJECT LOCATION:
2070 Toandos Road, Quilcene, WA
Parcel number 701 223 001 and 701 223 002, Section 22, Township 27N, Range 1W, WM.
PROJECT DESCRIPTION AND REQUIRED PERMITS/STUDIES:
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 sites. The entire parcel was protected on November 25, 2013 The entire parcel was protected under a
conservation easement held by the Jefferson Land Trust on 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,
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.
PUBLIC HEARING AND WHERE TO VIEW DOCUMENTS:
The public hearing will be conducted on Tuesday, November 11, 2014 in the First Floor Conference Room of the Jefferson County courthouse. The
hearing will begin at or about 2:OOPM.
The application and any studies may be reviewed at the Jefferson County Department of Community Development. All interested persons are invited
to (a) comment on the application; (b) receive notice of and participate in any hearings; and (c) receive a copy of the decision by submitting such
written comment(s)/request(s) to the Jefferson County Department of Community Development, Development Review Division, 621 Sheridan Street,
Port Townsend, WA 98368, (360) 379-4450.
SEPA INFORMATION AND DETERMINATION:
This is a Current Use Assessment Application that is categorically exempt from SEPA review per WAC 197-11-800 (14) (k).
Project Planner: Tim Woolett, 360-379-4450
0
0
OPEN SPACE CURRENT USE TAX ASSESSMENT
PUBLIC BENEFIT RATING WORKSHEET
Applicant Phone:
Site Address: .2a'70 Koosh 1
HIGH 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 _ 2_
Floodplains
Urban Open Spaces
LOW PRIORITY RESOURCES (1 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 (1 point each)
Unlimited Public Access (signs required)
Restricted Access due to Environmental Sensitivity
Some Public Access
Total Access Points
(3 Maximum Points)
TRANSFER OF DEVELOPMENT RIGHTS (TDR)
Conveyance recorded with the Auditor
Total TDR Points
(6 Maximum Points)
Public Benefit Rating Worksheet
t E,
,_ Page 1 oft
COUNTY POLICY GOALS (1 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 fixture 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 (11 points)
Aquaculture Tidelands (I I points)
Total Tidelands, Shorelands & Buffers Points
TOTAL PUBLIC BENEFIT RATING FOR ALL CATEGORIES
Public Benefit Rating Worksheet
Page 2 of 2
When Recorded Return to:
Jefferson County
Department of Community Development
621 Sheridan Street
Port Townsend, WA 98368
OPEN SPACE TAXATION AGREEMENT
CH.84.34 RCW
(To be used for "Open Space", "Timber Land" Classification or "Reclassification"
Only)
Grantor(s): Jefferson County
Grantee(s): MHM Shurtleff 2012 Revocable Trust
Hillary Anne Shurtleff, Trustee
Legal Description:
S22 T27 R 1 W
Lot 3 (N250') & PTN
TL TAX F ABUTTING
And
S22 T27 R 1 W
Lot 3 (Less N 250') &
S 225') TL TX F (Less N 250') 6.58CH
See Exhibit "A" for full Legal Description
Assessor's Property Tax Parcel or Account Number:
701 223 001 & 701 223 002
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 made application
for classification of that property under the provisions of CH 84.34 RCW.
And whereas, both the owner and granting authority agree to limit the use of said
property, recognizing that such land has substantial public value as open space
and that the preservation of such land constitutes an important physical, social,
esthetic, and economic asset to the public, and both parties agree that the
classification of the property during the life of this agreement shall be for:
X Open Space Land El Timber Land
Now, therefore, the parties, in consideration of the mutual covenants and
conditions set forth herein, do agree as follows:
1. During the term of this agreement, the land shall be used only in accordance
with the preservation of its classified use.
2. No structures shall be erected upon such land except those directly related to,
and compatible with, the classified use of the land.
3. This agreement shall be effective commencing on the date the legislative body
receives the signed agreement from the property owner and shall remain in
effect until the property is withdrawn or removed from classification.
4. This agreement shall apply to the parcels of land described herein and shall be
binding upon the heirs, successors and assignees of the parties hereto.
5. Withdrawal: The land owner may withdraw from this agreement if, after a
period of eight years, he or she files a request to withdraw classification with
the assessor. Two years from the date of that request the assessor shall
withdraw classification from the land, and the applicable taxes and interest
shall be imposed as provided in RCW 84.34.070 and 84.34.108.
6. Breach: After the effective date of this agreement, any change in use of the
land, except through compliance with items (5), (7), or (9), shall be considered
a breach of this agreement, and shall be subject to removal of classification
and liable for applicable taxes, penalties, and interest as provided in RCW
84.34.080 and RCW 84.34.108.
7. A breach of agreement shall not have occurred and the additional tax shall not
be imposed if removal of classification resulted solely from:
(a) Transfer to a governmental entity in exchange for other land located within
the State of Washington.
(b) A taking through the exercise of the power of eminent domain, or sale or
transfer to an entity having the power in anticipation of the exercise of such
power and having manifested its intent in writing or by other official action.
(c) A natural disaster such as a flood, windstorm, earthquake, or other such
calamity rather than by virtue of the act of the landowner changing the use
of such property.
(d) Official action by an agency of the State of Washington or by the county or
city where the land is located disallowing the present use of such land.
(e) Transfer of land to a church when such land would qualify for exemption
pursuant to RCW 84.36.020.
(f) Acquisition of property interests by State agencies or agencies or
organizations qualified under RCW 84.34.210 and 64.04.130 (See RCW
84.34108(5)(f).
(g) Removal of land classified as farm and agricultural land under RCW
84.34.020(2)(d).
8. The county assessor may require an owner to submit data relevant to
continuing the eligibility of any parcel of land described in this agreement.
9. Reclassification as provided in Chapter 84.34 RCW.
This agreement shall be subject to the following conditions:
1. As required in Part I, 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.
DATED
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
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
(Must be signed by all owners) Hillary Anne Shurtleff, Trustee
MHM Shurtleff 2012 Revocable Trust
Date signed agreement received by Legislative Authority:
C�
""of Application for Classification or Reclassification
Re-iienae (@
09� swic Open Space Land
Chapter 84.34 RCW
File With The County Legislative Authority
Name of Owner(s): Hillary Shurtleff, Trustee, MHM Shurtleff Trust Phone No: 206 242 3216
Email Address: hshurt@gmail.com
Address: mailing - 3101 SW 171x` St., Seattle, WA 98166, site -2070 Toandos Rd, Quilcene, WA 98376
Parcel Number(s): 701-223-001 and 701-223-002
Legal Description: Ptns GL3 22-27NAW, and see attached full legal description.
Total Acres in Application: 32.4 acres uplands
and approx. 4 acres
adjoining tidelands
Indicate what category of open space this land will qualify for:
® Conserve or enhance natural, cultural, or scenic resources
® Protect streams, stream corridors, wetlands, natural shorelines, or aquifers
® Protect soil resources, unique or critical wildlife, or native plant habitat
® Promote conservation principles by example or by offering educational opportunities
® Enhance the value to the public of abutting or neighboring parks, forests, wildlife preserves, nature
reservations or sanctuaries, or other open spaces
® Enhance recreation opportunities
'❑ Preserve historic or archaeological sites
® Preserve visual quality along highway, road, street corridors, or scenic vistas
❑ Retain in its natural state tracts of land not less than one acre situated in an urban area and open to
public use on such conditions as may be reasonably required by the granting authority
❑ Farm and agricultural conservation land previously classified under RCW 84.34.020(2), that no
longer meets the criteria
❑ Farm and agricultural conservation land that is "traditional farmland" not classified under Chapter
84.33 or Chapter 84.34 RCW, that has not been irrevocably devoted to a use inconsistent with
agricultural uses, and has a high potential for returning to commercial agriculture
REV 64 0021 a (w) (6M12) 1
1. Describe the present use of the land.
The property is used as a vacation destination by the Shurtleff family and includes a cabin and separate
outbuilding (bunkhouse) on 34.4 acres of forested shoreline and adjoining 4 acres of tidelands along
Dabob Bay. The property is within the boundaries of the state's Dabob Bay Natural Area.
2. Is the land subject to a lease or agreement which permits any other use than
its present use? ❑ Yes ® No
If yes, attach a copy of the lease agreement.
3. Describe the present improvements (residence, buildings, etc.) located on the land.
Residence and bunkhouse and other improvements are located within a surveyed .54 acre West
Building Envelope along the shoreline.
4. Is the land subject to any easements? ® Yes ❑ No
If yes, describe the type of easement, the easement restrictions, and the length of the easement.
Jefferson Land Trust holds a permanent conservation easement to protect the significant natural area
values of the property, and prohibits timber harvest and limits development and subdivision of the
property. Within the .54 acre surveyed West Building Envelope, the easement allows continued
residential use and structures (see survey map attached). Within the 1 acre surveyed East Building
Envelope in the middle of the property and located more than 200 feet from the shoreline, up to two
houses may be built (this would necessitate subdivision of the property into a total of three 10+ acre
lots under current county zoning). The owners propose excluding two 1 acre sites from the Open Space
application -- one for the existing residential site in the West Building Envelope and one for the East
Building Envelope (to permit one potential additional house site without payment of back taxes and
penalty).
5. If applying for the farm and agricultural conservation land category, provide a detailed description below
about the previous use, the current use, and the intended future use of the land.
NA
NOTICE:
The county and/or city legislative authorities may require owners to submit additional
information regarding the use of the land.
As owner of the parcel(s) described in this application, I hereby indicate by my signature below that I
am aware of the additional tax, interest, and penalties involved when the land ceases to be classified
under the provisions of Chapter 84.34 RCW. I also certify that this application and any accompanying
documents are accurate and complete.
The agreement to tax according to use of the property is not a contract and can be annulled or
canceled at any time by the Legislature (RCW 84.34.070)
Print the name of each owner: Si nature of each owner:
Hillary Shurtleff, Trustee for the MHM
Shurtleff 2012 Revocable Trust Oct 12 2012Vl6-
REV 64 0021 a (w) (6/7/12) 2 \J F4,u� )„ \1I"
0 •
The granting or denial of an application for classification or reclassification as open space land is a
legislative determination and shall be reviewable only for arbitrary and capricious actions. Denials are
only appealable to the superior court of the county in which the land is located and the_ application is
made.
REV 64 0021 a (w) (6/7/12)
0 •
Statement of Additional Tax, Interest, and Penalty Due Upon Removal of Classification
Upon removal of classification, an additional tax shall be imposed which shall be due and payable to
the county treasurer 30 days after removal or upon sale or transfer, unless the new owner has signed
the Notice of Continuance. The additional tax shall be -the sum of the following:
(a) The difference between the property tax paid as "Open Space Land" and the amount of property
tax otherwise due and payable for the last seven years had.the land not been so classified; plus
(b) Interest upon the amounts of the difference (a), paid at the same statutory rate charged on
delinquent property taxes; plus
(c) A penalty of 20% will be applied to the additional tax and interest if the classified land is applied to
some otheruse except through compliance with the property owner's request for withdrawal as
described in RCW 84.34.070(1).
2. The additional tax, interest, and penalty specified in (1) shall not be imposed if removal 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 of eminent domain in anticipation of the exercise of such power.
(c) A natural disaster such as a flood, windstorm, earthquake, or other such calamity rather than by
virtue of the act of the landowner changing the use of such property.
(d) Official action by an agency of the State of Washington or by the county or city where the land is
located disallows the present use of such land.
(e) Transfer of land to a church when such land would qualify for property tax exemption pursuant to
RCW 84.36.020.
(f) Acquisition of property interests by State agencies or agencies or organizations qualified under
RCW 84.34.210 and 64.04.130 (See RCW 84.34.108(6)(f)).
(g) Removal of land classified as farm & agricultural land under RCW 84.34.020(2)(f) (farm home site).
(h) Removal of land from classification after enactment of a statutory exemption that qualifies the land
for exemption and receipt of notice from the owner to remove the land from classification.
(i) The creation, sale, or transfer of forestry riparian easements under RCW 76.13.120.
(j) The creation, sale, or transfer of a conservation easement of private forest lands within unconfined
channel migration zones or containing critical habitat for threatened or endangered species under
RCW 76.09.040.
(k) The sale or transfer of land within two years after the death of the owner of at least a fifty percent
interest in the land if the land has been assessed and valued as designated forest land under
chapter 84.33 RCW, or classified. under this chapter 84.34 RCW continuously since 1993. The date
of death shown on the death certificate is the date used.
(1) The discovery that the land was classified in error through no fault of the owner.
REV 64 0021e (w) (6/7/12)
FOR LEGISLATIVE AUTHORITY USE ONLY
Date application received: By:
Amount of processing fee collected: $
• Is the land subject to a comprehensive land use plan adopted by a city or county? ❑ Yes ❑ No
If yes, application should be processed in the same manner in which an amendment to the
comprehensive land use plan is processed.
If no, application must be acted upon after a public hearing and notice of the hearing shall have been
given by one publication in a newspaper of general circulation in the area at least ten days before the
hearing.
• If the land is not subject to a comprehensive land use plan, is the land located within an
incorporated part of the county? ❑ Yes ❑ No
If yes, application must be acted upon by three members of the county legislative authority and three
members of the city legislative authority. See RCW 84.34.037(1) for details.
If no, application must be acted upon by three members of the county legislative authority.
❑ Application approved ❑ In whole ❑ In part
❑ Application denied ❑ Date owner notified of denial (Form 64 0103):
If approved, date Open Space Taxation Agreement (OSTA) was mailed to owner:
Signed OSTA received by Legislative Authority on:
Copy of signed OSTA forwarded to Assessor on:
To ask about the availability of this publication in an alternate format for the visually impaired, please call
(360) 705-6715. Teletype (TTY) users, please call (360) 705-6718. For tax assistance, call (360) 534-1400.
REV 64 0021 a (w) (6/7/12) 5
0 •
0830 Y: 38 P: 284 P 1p ,F 1 BURY
em.Astx1.
�p;iM1I�'k�y+4'64 MARK 10111
Shurtleff Conservation Easement Survey
located .in Government Lot 3, Section 22, Township 27 North, Range 1 West, W.M., Jefferson County, Washington
DNR CENTER -NORTH swraE w ODRlm
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VOL 15 OF S:.:R,FYS, PG 160 Wor�u D r PER wt 1 Or sufflem
d Sund PC F20
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+ _ SBY'I823� is Yx Po fag
a499• +
�1.PY 145-V47.90 YaT.Oo 248.99
LEGEND
i 12/08/IZ SET s/8 -INCH REBAR MYTH RW MSW SURWY CM STAMPED 'IpB:c M 37STf' WRN STEEL FENCE POST ALM" AE
•. .e 12/20/1Z SET 5/8-WCH REBAR. WITH 1.8-BX:H ALUMINUM W SrAWW OMWON PS 37ur' *Mi Sim FU" FM ,Y.ONGsm,
., .. Q tvoli2, row 1-1NCN MCI PWE PER im RMrs SMUTTY, sa w4ce POST
0 12/WtZ FOUND T/2-WL'H'REBAR 89TH W 'LS 18104 W"Ps' PER to 18 OF StpBVY...'PC 1E0. SET FEMZ POST
�.:n. MR JEFFERSON COLNiY AUOROR'S TBE' NUMBER OF RECORD LEGAI. DESCR/PTTON
pabob Bay --- BUILDING EM/EIOPE
" CLASs TMANDS CONSERVATON EASEMENT AREA (00MUDING IVELOM)
NOT nov"40
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MHM 2012 Shurtleff Revocable Trust, dated October 12, 2013 Property
Parcels No. 701-223-001 and 701-223-002
Current Use Tax Assessment
Application for Open Space -Open Space
Description of Priority Resources of the MHM 2012 Shurtleff Revocable
Trust Property
Prepared by Peter Bahls,
Fish and Wildlife Biologist and Director,
Northwest Watershed Institute
December 9, 2013
Introduction
Hillary Shurtleff, Trustee and designated signatory for the NEEM 2012 Shurtleff
Revocable Trust, is applying to Jefferson County's Open Space Tax Program to place
32.4 acres of 34.4 acres of uplands and all of their adjoining tidelands (approx. 4 acres)
on Dabob Bay in the Open Space -Open Space program. Two acres are being withheld as
existing and potential cabin sites. The entire parcel was protected on November 25, 2013
under a conservation easement (the "CE") held by the Jefferson Land Trust. The primary
purpose of the CE is to permanent preserve the property for its significant habitat and
natural resource values. The CE prevents timber harvest and limits development and
subdivision.
Within the .54 acre surveyed West Building Envelope, the CE permits continued
residential use and structures (see survey map attached). Within the 1 acre surveyed East
Building Envelope in the middle of the property, up to two houses may be built. This
would first necessitate subdivision of the property into a total of three 10+ acre lots
allowable under current county zoning. Note that without the CE restrictions, up to two
additional houses and ADUs could be built along the shoreline. Under the CE, no
additional shoreline may be developed.
The owners propose excluding two 1 acre sites from the Open Space application -- one
for the existing residential site in the West building envelope and one for the East
building envelope (to permit the potential future development of one of the two
additional house sites without payment of back taxes and penalty).
The entire property is located within the proposed boundaries of the Dabob Bay Natural
Area — one of the least developed and biologically diverse estuarine embayments
remaining in Puget Sound. Within these boundaries, a large number of conservation
partners and agencies, including the Washington Department of Natural Resources,
Washington Department of Ecology, The Nature Conservancy, Northwest Watershed
Institute, Jefferson Land Trust, and U.S. Fish and Wildlife Service, are working with
willing landowners to protect and restore habitats.
• 0
This report provides my opinion of the priority resources of the M]HM 2012 Shurtleff
Revocable Trust property (hereinafter "the Shurtleff property") proposed for transfer to
Open Space -Open Space. Priority resources and scoring criteria are defined in the August
5, 1991 Jefferson County Open Space Tax Program report and Jefferson County
resolution 75-95 that further recognizes the public importance of shoreline preservation.
My qualifications as author of this report include an M.S. in Fisheries Science and
Aquatic Ecology from Oregon State University, and 20 years experience as a professional
fish and wildlife biologist in Washington and Oregon. I also served as the biologist and
contracting project manager to Washington Department of Ecology to facilitate transfer
of the Shurtleff conservation easement to Jefferson Land Trust under a National Coastal
Wetlands Conservation Grant in November of 2013 and I wrote the comprehensive
baseline report describing environmental conditions on the property required by the land
trust..
HIGH PRIORITY RESOURCES (2 points each)
Significant Fish and Wildlife Habitat Areas — 2 points recommended
The proposed Open Space includes approximately 1,150 feet of marine shoreline along
Dabob Bay, approximately 4 acres of adjoining tidelands, and approximately 32.4 acres
(two parcels) of coastal saltmarsh spit, 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 parcel occurs within the Wildlife Habitat Core
Area identified in Jefferson County's Draft Wildlife Habitat and Corridors Mapping
(2004). More recently, the parcel is within the state's proposed boundaries of the Dabob
Bay Natural Area. DNR approved a proposed boundary expansion for Dabob Bay in
2009 due to the Bay's state-wide significance as one of the least developed and biological
diverse coastal estuaries remaining in Puget Sound.
The proposed Open Space land includes shoreline beach (to the surveyed meander line),
tidelands, and intact older shoreline and upland forest that directly and indirectly support
nearshore habitat for use by -
• Hood Canal coho salmon (federal candidate species)
• Hood Canal Summer chum salmon (federal threatened species)
• Hood Canal Fall chum salmon
• Coastal cutthroat trout
• Puget Sound Chinook (federal threatened species)
The forest on the property is mature, naturally regenerated forest dominated by Douglas
fir and western red cedar and provides significant habitat due to the size and age of the
dominant trees and proximity to the estuary. Species known to use the forest habitats on
the property include -
2
Great blue heron — feeding along the shoreline and roosting in the forest
Pileated woodpecker — feeding and nesting older forest snags
Bald eagle — roosting and foraging from snags on the property and nesting.
WDFW has documented one eagle nest on the property shown on PHS maps
(see attached map).
Special Animal Sites — 2 points recommended
The proposed Open Space property is located within significant seasonal 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 (see photo below). The eagles are concentrated in the area from the
south end of Longspit to Camp Discovery, including the proposed Open Space property.
Surface Water Quality Buffer Areas — 2 points recommended
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.
2. LOW PRIORITY RESOURCES (1 point each)
Scenic Vistas — 1 point recommended
From a boat or beach, Dabob Bay appears as one of the most pristine bays remaining in
Puget Sound, harking back to the days of exploration by Captain Vancouver. The
proposed Open Space property protects the forested shoreline on the property, with only
the one cabin and outbuilding visible (see photo), protecting the important scenic vistas
from Dabob Bay and Broadspit County Park on the other side of the bay. Under a full
development scenario, without Open Space and conservation easement protection, this
entire low bank shoreline would be vulnerable to development with two additional house
sites and outbuildings, as well as clearing of the forest. The conservation easement
specifically identifies, as conservation values, the "scenic vistas from Dabob Bay, the
Bolton Peninsula and Broadspit County Park" (1.3.c of the easement).
Steep or unstable slopes — 1 point recommended
Much of the Shurtleff property proposed for Open Space -open space is comprised of
steep, unstable slopes. The majority of these slopes are deemed moderate to high
landslide hazard by Jefferson County (see attached Critical Areas map). These slopes,.
most of which exceed 30 percent slope and are potentially unstable, are strictly protected
in the conservation easement to prevent an increase in landslides and impacts to the
nearshore habitats.
3
PUBLIC ACCESS
Some Public Access — 1 point recommended
The conservation easement permits public access for educational and scientific purposes
with prior approval of the landowner.
TRANSFER OF DEVELOPMENT RIGHTS
Transfer of Development Rights (Conservation Easement) — 6 points recommended
Jefferson Land Trust holds a conservation easement that covers the entire parcel proposed
for Open Space. The conservation easement was recorded on November 25, 2013 under
AFN 580629.
JEFFERSON COUNTY POLICY GOALS
JC Policy Goals — JC Comp Open Space Plan, F&W habitat — 1 point recommended
The proposed Open Space lands furthers Jefferson County's Comprehensive Plan to
protect significant fish and wildlife habitats and wildlife corridors.
TIDELANDS, SHORELANDS, AND BUFFERS
Undeveloped shoreland buffers — 3 points recommended
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 Envelope,
the entire Open Space shorelines are undeveloped and intact habitat that far exceeds 200
feet in depth.
Summary
If all points recommend above were to be included, a total of 19 points would be
awarded, exceeding the 12 point maximum. Some of the priority resources cover all of
parcel, others only some of the parcel. However, as an ecological unit, it is my opinion
that the proposed Open Space proposal merits the full 12 points.
Shurtleff Property showing forested shoreline and beach with cabin. Photo by NWI.
Over 100 eagles gather to feed in tidelands and roost along shorelines of the
property and vicinity during the spring. Photo by Keith Lazelle.
Priority Habitat and Species map showing approximate location of bald eagle nest
according to WDFW surveys. Building Envelopes drawn by Stephen Shapiro.
Jefferson County Critical Areas map showing landslide hazard ratings. Red = high,
orange = moderate, yellow — slight. Building Envelopes drawn by Stephen Shapiro.
T
C1
JEFFERSON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
621 Sheridan Street I Port Townsend, WA 983681 Web: www co iefferson.wa.uslcommunitydevelopment
Tel: 360.379.4450 1 Fax: 360.379.4451 Email: dcdanco.jefferson.wa.us
Building Permits & Inspections j Development Consistency Review I Long Range Planning I Watershed Stewardship Resource Genter
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: Hillary Shurtleff, Trustee )
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 Toandos Road, Quilcene, Washington.
Recommendation: Approval with conditions.
FINDINGS AND ANALYSIS
PROJECT INFORMATION:
A. Applicant: Hillary Anne Shurtleff, Trustee
3101 SW 171" Street
Seattle, WA 98166
B, Proposal: 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 '/4 of Section 22, Township 27N, Range 1 W, W.M. The property
is also identified as Assessor's Parcels number 701 223 001 and 701 223 002.
Current Use Assessment Application No. CUA13-00003 & MLA13-00160 20
Hillary Shurtleff, Trustee
Staff Report to the Hearing Examiner
Page 1 of 8
0
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 Hillary Ann Shurtleff
totaling 34.4 acres, 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. Zoning/Comprehensive Plan: The subject parcels are zoned Rural Residential l :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 I :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 (reference 2013 aerial photo, Log Item
5).
H. Critical Areas: Jefferson County GIS mapping indicates the following critical areas on the subject parcels
are: Wetlands (along shoreline), Landslide Hazard Area, Critical Aquifer Recharge Areas, Seismic Hazard
Areas, Non -Fish [bearing] Habitat (Type 5 stream), and the property has a Bald Eagle nest site with 660
foot buffer.
I. Proiect/Parcel History: On March 22, 2013 the applicant, Hillary 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 of the date of this report.
L. Agency Comments:
Jefferson County 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 half of the parcel. The residual
tidelands fronting the parcel are owned by the state of Washington. Because the Assessor's Office does
not measure tideland by acreage, they were unable to verify that there are actually four acres of
tidelands being encompassed by the conservation easement.
Current Use Assessment Application No. CUA13-00003 & MLA13-00160
Hillary Shurtleff, Trustee
Staff Report to the Hearing Examiner
Page 2 of 8
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.
Staff reponse to Assessor's comments: It appears that the acreage concerns may be clarified through
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 under 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).
2. RELATIONSHIP WITH LAND USE REGULATIONS:
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 to
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 any applicable Comprehensive Plan policies are
provided under the 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 Uniform 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:
Current Use Assessment Application No. CUM 3-00003 & MLA13-00160
Hillary Shurtleff, Trustee
Staff Report to the Hearing Examiner
Page 3 of 8
•
Section L (B) Lands Eligible for 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 Jefferson County Parks, Recreation and Open Space Plan; or
2. provide a practical buffer between areas of 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 scheduled for 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 useful for
recreation, trails, wildlife habitat, and wildlife habitat connective corridors; or
6. assist in the implementation of the Jefferson County Comprehensive Plan through retention offish
and wildlife habitat.
Section H. Application
Applications for open space classification shall be submitted to the Planning Department. After all filing
requirements are met, the Planning Department shall assign a date for a public hearing, and provide
notice in accordance with RCW 84.34.037. Pursuant to the Jefferson County Hearing Examiner Ordinance,
the Hearing Examiner shall hold a public hearing to determine whether the application conforms with the
requirements of this program, and RCW 84.34; whereupon, the Examiner shall issue his recommendation
to the Jefferson County Board of Commissioners for final legislative approval.
Section IV. List of Eligible Resources (Those pertinent to this proposal are in bold.)
High Priority Resources ... 2 pts. Each.
1. Significant Archaeological and Historical Sites
2. Significant Geologic and Shoreline Features
3. 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. Floodplains
10. Urban Open Spaces
Low Priority Resources... 1pt Each.
1. Low Priority Shorelines
2. Public Lands Buffer
3. Scenic Vistas
4. Steep Slopes
5. Prime Agricultural Lands
6. Low Priority Wetlands
Section VI. Current Use Valuation
Public Benefit Rating System
1. Resources (maximum 4 points)
2. Access (maximum 3 points)
a. Unlimited Public Access (signs required) .... 3 pts each
b. Restricted Access due to Environmental Sensitivity... 3 pts each
Current Use Assessment Application No. CUM 3-00003 & MLA13-00160
Hillary Shurtleff, Trustee
Staff Report to the Hearing Examiner
Page 4 of 8
c. Some Public Access ... 1 pt.
3. Transfer of Development Rights (maximum 6 points)
4. County Policy Goals (I pt. each for a maximum of 2 points)
a. Implements Jefferson County Parks, Recreation and Open Space Plan
... Ipt
b. Provides buffer between conflicting uses ... 1 pt.
c. Limits access, congestion and strip -commercial development ... I pt.
d. Enhances the value to the public of abutting or neighboring nature reservations,
sanctuaries, or other open spaces ... 1 pt.
e. Assists in implementing the Jefferson County Comprehensive Plan by establishing
open space corridors between urban growth areas or by retaining fish and wildlife
habitat ... 1 pt.
MAXIMUMPUBLIC BENEFIT RATING (PBR) = 12 points
MINIMUM P UBLIC BENEFIT RATING = S points
Section VII. Classification Procedure
... The task of the Board of County 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 VI. A.
Note: The Public Benefit Rating has been organized in an assessment worksheet for the purpose of
convenience (Log Item # 17).
A staff evaluation of the rating follows and is based on the report titled "Description of Priority Resources
of the MHM2012 Shurtleff Revocable 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 Habitat Areas Access
Areas utilized by both special and/or other fish and wildlife in such frequency and diversityfor critical
ecological processes occurring such as breeding, nesting, nursery, feeding, and resting.
Criteria: Eligible lands are those identified by either: (a) the Washington State Department of Wildlife or
Washington State Department of Fisheries; or (b) a competent professional whose findings are accepted by
the Department of Wildlife — Natural Heritage Program and Priority Habi9tat and Species Program.
Staff Comment: As provided in the report prepared by Peter Bahis, 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. CUA13-00003 & MLA13-00160
Hillary Shurtleff, Trustee
Staff Report to the Hearing Examiner
Page 5 of 8
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 State Department of Wildlife. 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 Heritage
Program; or which are verified by the State Department of Wildlife or an expert in the field, as containing
the same animals and which are acceptable by the state agency for addition to the data base.
Staff Comment: As provided in the report prepared by Peter Bahls (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 Buffer Areas
An undisturbed zone of vegetation, adjacent to a stream, lake, pond, wetland or marine waters, of a
sufficient width (no less than 25 feet and no greater than 100 feet), that will benefit a surface water body by
protecting water quality and reducing erosion.
Criteria: Eligible lands are those meeting the above definition. A Surface Water Quality Buffer Area must
be preserved from intrusion by domesticated animals or structures. All Buffer Area lands in or adjacent to
pasture land must be fenced to prevent intrusion by domesticated animals. The width of the Buffer is
measured upland from the ordinary high-water mark of the stream, lake, pond, or marine waters. In the
case of wetlands, the buffer area will be measured upland from the edge of the wetland. The buffer area
does not include the wetland itself or the body of water waterward of the 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 — I point each
Scenic Vistas
An area providing unique or unusual views of natural features in Jefferson County, which are significant to
the aesthetic character of the County, within the jurisdiction of 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 of any structural improvements and
substantially preserve the scenic vista.
Staff Comment: As stated in the report prepared by Peter Bahls (Log Item #2, page 3 of 6), "The proposed
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. CUM 3-00003 & MLA13-00160
Hillary Shurtleff, Trustee
Staff Report to the Hearing Examiner
Page 6 of 8
0 •
full development scenario which could potentially result in three single family residential developments
along the shoreline, thus impacting the pristine vistas referenced in Mr. Bahls' report.
Recommend 1 point
Steep or Unstable Slopes
Steep slopes are those with a slope of 30% or greater. Unstable slopes may be less than 30% 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 field.
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 1 point
Some Public Access
Staff Comment: As stated in the report prepared by Peter Bahls (Log Item #2, page 4 of 6), "The
conservation easement permits public access for educational and scientific purposes with prior approval of
the landowner."
Recommend 1 point
Transfer of Development Rights (TDR) (Total Maximum Points = 6)
Conveyance recorded with the Auditor
An agreement between the property owner and any agency qualifying under RCW 64.04.130 and/or
84.34.250, which permanently transfers development rights to the agency for purposes of perpetual
conservation.
Staff Comment: 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 —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 retaining fish 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 Trust furthers the
County's Comprehensive Plan to protect significant fish and wildlife habitats and wildlife corridors.
Recommend 1 point
Tidelands, Shorelands, and Buffers (Section IV. B. amended by Resolution No. 75-95):
Undeveloped buffers along marine shorelines qualify for special consideration under the Public Benefit
Rating (PBR) System. An undisturbed zone of vegetation, adjacent to marine waters, of no less than 200
feet qualifies automatically for a PBR of 3.
Staff Comment: As supported in the report prepared by Peter Bahls (Log Item #2, 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. CUA13-00003 & MLA13-00160
Hillary Shurtleff, Trustee
Staff Report to the Hearing Examiner
Page 7 of 8
0 0
Envelope, the entire Open Space shorelines are undeveloped and intact habitat that far exceeds 200 feet in
depth."
Total County Policy Goal PBRs:
3. CONCLUDING COMMENTS
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
Plan and the Jefferson County Open Space Program, Resolution No. 82-91 and amended under
Resolution No. 75-95.
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
Based 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
I . As required in Part I, 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 & MLA13-00160
Hillary Shurtleff, Trustee
Staff Report to the Hearing Examiner
Page 8 of 8
Hillary Shurtleff, Trustee
Current Use Assessment Application
MLA13-00160 - CUA13-00002
Log
1
Item
Application Materials with reduced copy of survey and legal description
Date
12/13/2013;
2[Applicant's request for rating points -Report by Peter Bahls (6 pages_)_
3 Request for comment dated 2-27-14 with Assessor's comments
dated 3-26-14 with 1983 survey & tax info
4, Zoning map from County GIS
5 Site Aerial Photo from County GIS
6Landslide Hazard Area overlay from County GIS
7 Critical Aquifer Recharge Area overlay map from County GIS
8 Seismic Hazard overlay map from County GIS
9 DNR Stream Classification overlay map from County GIS -
10 Shoreline Environmental Designations overlay map from County GIS
11 Shoreline Slope Stability overlay map from County GIS
12/13/2013
2/27/2014
3/26/2014
11/18/2014
11/18/2014
11/18/2014
11/18/20144
11/18/201
11/18/2014_
-
11/18/2014
11/18/2014
121
-13
141
Bald Eagle Nests and Buffers overlay map from County GIS -
County LIDAR with topography overlay map from County GIS
Published public notice information
11/18/2014
11/18/2014'
11/18/2014
15 Affidavit of Posting with attached copy of notice
- ----- - ---- — — -- - - - - -- -
11/18/2014
16 Certificate of mailing for Pubic Hearing
17 Open Space Current Use Tax Assessment Worksheet
- - --
11/18/2014
11/18/2014
-- -
18 Jefferson County Open Space Tax Program, Resolution No. 82-91
11/18/2014
19 Amendment to Open Space Tax Program, Resolution No. 75-95
11/18/2014
20 Staff Report
11/18/2014
JEFFERSON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
621 Sheridan Street I Port Townsend, WA 983681 Web: www.co.Jefferson.wa.us/communisdevelopment
Tel: 360.379.44501 Fax: 360.379.4451 Email: dcOaco.jefferson.wams
Building Permits & Inspections I Development Consistency Review I Long Range Planning I Watershed Stewardship Resource 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: MHM Shurtleff 2012 Revocable Trust )
Hillary Anne Shurtleff, Trustee )
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 Toandos Road, Quilcene, Washington.
Recommendation: Approval with conditions.
FINDINGS AND ANALYSIS
1. PROJECT INFORMATION:
A. Applicant: Hillary Anne Shurtleff, Trustee
3101 SW 171" Street
Seattle, WA 98166
B. Proposal: 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 '/4 of Section 22, Township 27N, Range 1 W, W.M. The property
is also identified as Assessor's Parcels number 701 223 001 and 701 223 002.
Current Use Assessment Application No. CUM 3-00003 & 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 the MHM Shurtleff
2012 Revocable Trust (Hillary Anne Shurtleff, Trustee) totaling 34.4 acres, 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. Zoning/Comprehensive Plan: The subject parcels are zoned Rural Residential 1:10 (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 (reference 2013 aerial photo, Log Item
5).
H. Critical Areas: Jefferson County GIS mapping indicates the following critical areas on the subject parcels
are: Wetlands (along shoreline), Landslide Hazard Area, Critical Aquifer Recharge Areas, Seismic Hazard
Areas, Non -Fish [bearing] Habitat (Type 5 stream), and the property has a Bald Eagle nest site with 660
foot buffer.
I. Project/Parcel History: On March 22, 2013 the applicant, Hillary 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.
J. 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 of the date of this report.
L. Agency Comments:
1. Jefferson County 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 half 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. CUA13-00003 & MLA13-00160
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.
Staff response to Assessor's comments: It appears that the acreage concerns may be clarified through
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 under 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).
2. RELATIONSHIP WITH LAND USE REGULATIONS:
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 to
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 any applicable Comprehensive Plan policies are
provided under the 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 Uniform Development Codes requiring
analysis in this report.
Current Use Assessment Application No. CUA13-00003 & MLA13-00160
Hillary Shurtleff, Trustee
Staff Report to the Hearing Examiner
Page 3 of 8
11
•
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 N apply to this application:
Section L (B) Lands Eligible for 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 Jefferson County Parks, Recreation and Open Space Plan; or
2. provide a practical buffer between areas of 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 scheduled for 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 useful for
recreation, trails, wildlife habitat, and wildlife habitat connective corridors; or
6. assist in the implementation of the Jefferson County Comprehensive Plan through retention offish
and wildlife habitat.
Section IL Application
Applications for open space classification shall be submitted to the Planning Department. After all filing
requirements are met, the Planning Department shall assign a date for a public hearing, and provide
notice in accordance with RCW 84.34.037. Pursuant to the Jefferson County Hearing Examiner Ordinance,
the Hearing Examiner shall hold apublic hearing to determine whether the application conforms with the
requirements of this program, and RCW 84.34; whereupon, the Examiner shall issue his recommendation
to the Jefferson County Board of Commissioners for final legislative approval.
Section IV List of Eligible Resources (Those pertinent to this proposal are in bold.)
High Priority Resources ... 2 pts. Each.
1. Significant Archaeological and Historical Sites
2. Significant Geologic and Shoreline Features
3. 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. Floodplains
10. Urban Open Spaces
Low Priority Resources... Ipt Each.
1. Low Priority Shorelines
2. Public Lands Buffer
3. Scenic Vistas
4. Steep Slopes
5. Prime Agricultural Lands
6. Low Priority Wetlands
Section VI. Current Use Valuation
Public Benefit Rating System
1. Resources (maximum 4 points)
Current Use Assessment Application No. CUM 3-00003 & 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 of Development Rights (maximum 6 points)
4. County Policy Goals (1 pt. each for a maximum of 2 points)
a. Implements Jefferson County Parks, Recreation and Open Space Plan
... I pt
b. Provides buffer between conflicting uses ... I pt.
c. Limits access, congestion and strip -commercial development ... I pt.
d. Enhances the value to the public of abutting or neighboring nature reservations,
sanctuaries, or other open spaces ... 1 pt.
e. Assists in implementing the Jefferson County Comprehensive Plan by establishing
open space corridors between urban growth areas or by retaining fish and wildlife
habitat... I pt.
MAXIMUM P UBLIC BENEFIT RATING (PBR) = 12 points
MINIMUM PUBLIC BENEFIT RATING = S points
Section VII. Classification Procedure
... The task of the Board of County 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 VI. A.
Note: The Public Benefit Rating has been organized in an assessment worksheet for the purpose of
convenience (Log Item # 17).
A staff evaluation of the rating follows and is based on the report titled "Description of Priority Resources
of the MHM2012 Shurtleff Revocable 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 Habitat Areas Access
Areas utilized by both special and/or other fish and wildlife in such frequency and diversityfor critical
ecological processes occurring such as breeding, nesting, nursery, feeding, and resting.
Criteria: Eligible lands are those identified by either.- (a) the Washington State Department of Wildlife or
Washington State Department of Fisheries; or (b) a competent professional whose findings are accepted by
the Department of Wildlife — Natural Heritage Program and Priority Habi9tat and Species Program.
Staff Comment: 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. CUA13-00003 & MLA13-00160
Hillary Shurtleff, Trustee
Staff Report to the Hearing Examiner
Page 5 of 8
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 State Department of Wildlife. 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 Heritage
Program; or which are verified by the State Department of Wildlife or an expert in the field, as containing
the same animals and which are acceptable by the state agency for addition to the data base.
Staff Comment: As provided in the report prepared by Peter Bahls (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 Buffer Areas
An undisturbed zone of vegetation, adjacent to a stream, lake, pond, wetland or marine waters, of a
sufficient width (no less than 25 feet and no greater than 100 feet), that will benefit a surface water body by
protecting water quality and reducing erosion.
Criteria: Eligible lands are those meeting the above definition. A Surface Water Quality Buffer Area must
be preserved from intrusion by domesticated animals or structures. All Buffer Area lands in or adjacent to
pasture land must be fenced to prevent intrusion by domesticated animals. The width of the Buffer is
measured upland from the ordinary high-water mark of the stream, lake, pond, or marine waters. In the
case of wetlands, the buffer area will be measured upland from the edge of the wetland. The buffer area
does not include the wetland itself or the body of water waterward of the 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 — I point each
Scenic Vistas
An area providing unique or unusual views of natural features in Jefferson County, which are significant to
the aesthetic character of the County, within the jurisdiction of 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 of any structural improvements and
substantially preserve the scenic vista.
Staff Comment: As stated in the report prepared by Peter Bahls (Log Item #2, page 3 of 6), "The proposed
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. Bahls' report.
Recommend 1 point
Steep or Unstable Slopes
Steep slopes are those with a slope of 30% or greater. Unstable slopes may be less than 30% 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 field.
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 1 point
Some Public Access
Staff Comment: As stated in the report prepared by Peter Bahls (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 1 point
Transfer of Development Rights (TDR) (Total Maximum Points = 6)
Conveyance recorded with the Auditor
An agreement between the property owner and any agency qualifying under RCW 64.04.130 and/or
84.34.250, which permanently transfers development rights to the agency for purposes of perpetual
conservation.
Staff Comment: 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 by establishing open space corridors
between urban growth areas or by retaining fish 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 Trust furthers the
County's Comprehensive Plan to protect significant fish and wildlife habitats and wildlife corridors.
Recommend 1 point
Tidelands, Shorelands, and Buffers (Section IV. B. amended by Resolution No. 75-95):
Undeveloped buffers along marine shorelines qualify for special consideration under the Public Benefit
Rating (PBR) System. An undisturbed zone of vegetation, adjacent to marine waters, of no less than 200
feet qualifies automatically for a PBR of 3.
Staff Comment: As supported in the report prepared by Peter Bahls (Log Item #2, 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. CUA13-00003 & MLA13-00160
Hillary Shurtleff, Trustee
Staff Report to the Hearing Examiner
Page 7 of 8
i
Envelope, the entire Open Space shorelines are undeveloped and intact habitat that far exceeds 200 feet in
depth."
Total County Policy Goal PBRs:
3. CONCLUDING COMMENTS
19 points
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
Plan 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
Based 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 I, 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 & MLA13-00160
Hillary Shurtleff, Trustee
Staff Report to the Hearing Examiner
Page 8 of 8
226 Adams Street • Port Townsend, WA 98368 • 360-385-2900
Bill to
Jodi Adams
JeffCo Dept of Community Development
621 Sheridan Street
Port Townsend, WA 98368
ID: 135001
7 [� Pre -Bill
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n —1 2014
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Sold to: - cent ID: 15833
Tom Woolett
JeffCo Dept of Community Development
621 Sheridan Street
Port Townsend, WA 98368
Please pay from this Pre -Bill. Return stub with payment I Rep ID: DR I Terms: Net 30
Description
Classification of Ad: 460 — County Notices Zone: A
PO: MLA13-000156 Text: JEFFERSON COUNTY NOTICE OF CORRECTION APPLICATION AND
P...
Charges from 10/29/2014 to 10/29/2014
Date Pub Type Description Price Discount Applied Due
10/29/14 1PTLjad I LEGALS: JEFFERSON COUNTY - 1 $72.00 -$72.001 $0.00
Please return this portion with your payment.
Remit Payment to:
Port Townsend Leader
226 Adams Street
Port Townsend, WA 98368
Phone: 360-385-2900
Fax: 360-385-3422
Jodi Adams
JeffCo Dept of Community Development
621 Sheridan Street
Port Townsend, WA 98368
$72.00 1 1 -$72.00 $0.00
Pre -Bill
Amount Due $0.00
Amount Enclosed
Issue Date: 10/29/2014
Prebill Date: 11/25/2014
Ad # 1135001
Account #
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Affidavit of Publication
STATE OF WASHINGTON)
SS
COUNTY OF JEFFERSON)
I, Donna J. Rosmaier, an employee of the Port Townsend & Jefferson
County Leader, a weekly newspaper which has been established, pub-
lished in the English language and circulated continuously as a weekly
newspaper in the town of Port Townsend in said County and State, and
for general circulation in said county for more than six (6) months prior
to the date of first publication of the Notice hereto attached and that the
said Port Townsend & Jefferson County Leader was on the 27th day of
June 1941 approved as a legal newspaper by the Superior Court of said
Jefferson County and annexed is a true copy of the Ad # 1'3506 \
SEE ATTACHED NEWSPAPER CLIPPING
As it appeared in the regular and entire issue of said paper itself not
in a supplement thereof for a period of 1 week, beginning on the
,aO day of n(�AIJ�< , 2014, ending on the o'?q_ day of
0C�-p1Cp,' , 2014, that said newspaper was regularly distributed
to their subscribers during all of this period. That the full amount of
$QQ has been paid in full, at the rate of $8.00 per column inch
for each insertion.
Subscribed and sworn to before me this day of 2014.
Dddha J. Rosmaier
Notary Public in and for the State of Washington. Residing at Port Townsend.
DATE -.2S
CASE# 9,L A / 3 6D/fid Applicant: I G4 -A!! ,-evnL "Z VN--
Interested Party Of Record: Please print clearly below to receive a copy of the decision and any subsequent
published case actions.
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JEFFERSON COUNTY NO. 145642
DATE Z r
RECEIVED FROM
DESCRIPTION BARS# AMOUNT
CURRENCY J- Ol d
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;. CHECKS
Q -L4 9M
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RECEIVED BY 1�l�i� • TOTAL 1iv
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Jefferson County, WA
Jefferson County Auditor
1820 Jefferson St.
Port Townsend, WA 98368
Receipt: 14-05605
Product Name
Extended
AGR Agreement
$77.00
Document #
588348
# Pages
6
$40 surcharge
true
Total
$77.00
Tender (Check) $77.00
Check# 1028
PaidBy SHURTLEFF TRUST
Thank You!
12126114 11:16 AM lorraina