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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legislative body receives the signed agreement from the property owner and shall remain in effect until the property is withdrawn or removed from classification. 4.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. `'� SAVE PAPER - Please do not print this e-mail unless absolutely necessary All e-mail may be considered subject to the Public Records Act and as such may be disclosed to a third party requestor. 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 } H S C3 LL " co O N Z H LL O O a) H e— CM .. 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Conservancy llqh inion:n). Natural MA Priority Aquatic Shoos RasidoniW Page 1 of 1 i1224b14 'k. �7d1Y23405 I j rrr� 701224420 zi'G11Cx 2 741221404 f1. . Alxw rv.*ddb ric oiCorryCcr�7012240111 052.111 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 13:37:26 2014 http://gisserverlservleticom.esri.esrimap.Esrimap?ServiceName=ovmap&ClientVersion=4.0&Form=Tru... 11/12/2014 Map Output Ask rr Page 1 of 1 ArcIMS HTML Viewer Map 'Row 1 t�.1Lti.P..'G ��t T2uY74i3 li Legend ( i JC -Roads Parcels -H Critical Aquifer Recharge Areas 701213401 q0 E:1 SUSC-UNK &A RPA . SUM OSUM SARPA 714,223-'+-24 SARPA. UNK f rr• . 701224012 11 - hl l' Ezra' !1)1224414 741224420 `I 1101224000 11 741224407 ! 1114 101224944 11tr.awkd r_t xrvtlJ'I;'tar.#>�H 742244 t 0 2*111 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 10:36:47 2014 http://gisserverlservleticom.esri.esrimap.Esrimap?ServiceName=ovmap&ClientVersion=4.0&Form=Tru... 11/12/2014 Map Output Ah Amk Page 1 of 1 ArcIMS HTML Viewer Ma 4 I i i r Ir Legend JC -Roads Parcels -H Landslide Hazard f� 1' LL•�('i}• I High hyo fI 3� Q Madmats Sight r; . i 524it 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 10:36:16 2014 http://gisserverlservlet/com.esri.esrimap.Esrimap?ServiceName=ovmap&ClientV ersion=4.0&Form=Tru... 11/12/2014 Map Output - - Page 1 of 1 ArcIMS HTML Viewer Ma 7412210W fi'.1tL'X_'c Iii(( r r zr2443 Legend J JC—Road-9 ! j Parcels -F•1 Seismic Hazard _`223041 Q� m LAY 1 Dd122340*� 741224420 � 74*2244x1 r4 «acxl � 741224044 ,.'... Mam,;racdod rsK Serwoas Gk 7012.2+14' ` 4 ®�24ii 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 10:35:50 2014 http://gisserver/servleticom.esri.esrimap.Esrimap?ServiceName=ovmap&ClientVersion=4.0&Form=Tru... 11/12/2014 Map Output Ah Ah Page 1 of 1 ArcIMS HTML Viewer Ma t 101221OW t I E` 701272003 Legend JC Roads Parcels -H !mm * Bald Eagle Nests Bald Eagle Buffers 701223001 ?" 6W 0uffer 330 duffer -.a. Alp I 7012244'2 i rr 224014,:�,. S 74i22A44h;4h, 701224020 701224002 70122400? 7012 4W4 ; ' , ,Km ;su. dad er•c ,:e �i Coxty Carry Ssv acs �t ]4° 2214' 1 4 W=1;6� +2,111 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 10:35:03 2014 http://gisserverlservleticom.esri.esrimap.Esrimap?ServiceName=ovmap&ClientVersion=4.0&Form=Tru... 11/12/2014 Map Output - - Page 1 of 1 ArcIMS HTML Viewer Map Now 701332(a�2 741732094 7'01221404 741222442 741222403 Legend f JC—Roads r Parcels -H DNR FP Stream 7p,1; _,• Classification F - Fish Ilatrrlal N Non fish llatrnal No - NonJnch Ilatrrtal-Porannui • Ns - Non -fish I latrrtal-Soaasonal J j S - InNent4rgd Shoreline 701223002 as jIIJf J L''_P•.13 701224012 774122stxy' ,`r• `224414 t 741224 r 424 741724409 .cll:� i ' 407 701224 t }. f 741224444 '41ar ,;rcr.•dexl• �t+l.o-iartY'GaYr� Sanrxs GC 7412240` 1n h211i 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 10:33:34 2014 http://gisserverlservleticom.esri.esrimap.Esrimap?ServiceName=ovmap&ClientVersion=4.0&Form=Tru... 11/12/2014 Map Output Ask Ak Page 1 of 1 ArcIMS HTML Viewer Ma T n 1, � >�•� .�` Legend JC Roads Parcels -H I �I i 4 g a- � ( � I �� Contours 10 Fool Coniour n J5 4 1 50 FootConiaur y+}^www 22 .ff +rf f�l�� f� I k rIJf,T i 7 ' JAW J}I !~ + J .._.. �.i:�a- :, 1. ,:k:.l !. _t t c.:rca � r; "_c•r. a x rrer� Y. r; , .22.1, •" I .. Ott - ...�_, 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 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 publish on Wednesdays and the standard deadline is 1:00 pm on the Monday prior, unless a holiday necessitates an earlier deadline. Those under a specific publication contract, your dates and times will follow those contract guidelines. We are setting the referenced ad for publication on the dates requested, however we will only be able to provide an estimate of costs until the notice has actually published and been measured. Generally our estimates will give you a figure very close to the actual cost. Cost is determined by the length and type of notice to be published. The 2014 rate for public and legal notices with the Leader will be $14.00 per column inch. Special rates apply to specific agencies under contract with the Leader. Important Note: Affidavits are issued only after full payment has been received. After the notice is first published and measured you will be sent a Pre -bill to assist you with your payment for our services and publication of the notice. As always, thank you for your business. We strive to serve our customers and their publication needs with the utmost care and professionalism. Thank you and have a wonderful day, Donna Rosmaier Legal Coordinator The Leader 226 Adams St. Port Townsend, WA 98368 (360)385-2900 legalse-ptleader.com 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. 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 iz. 1roA9HD GM CONCRETE VOL 15 OF S:.:R,FYS, PG 160 Wor�u D r PER wt 1 Or sufflem d Sund PC F20 AFN 562671 I R/Ip/tL F E)M of SEC" 22 /2-ueN REB4T HWM CAP t5 is Hoo f uRttSURWS' PER to + _ 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 — - -- -- MHM Shurtleff 2012 Revocable Trust o AFN 573361 R GOVERNMENT LOT 3 FOR 14SEMENrs.at�nFXF3nNG Ism fill EXCEPT SOUTH 225 FEET RaowAr g AFNs fa9Oe� `� -- 34.4 UPLAND ACRES 189688 ND lasm r0'i. 36 OF -SUR, YS, PGS 155-156 -i i� g -- ii A �- E East Building Envelope S N N Y \ SfpAO 7 '\ I7 \ ;4 co% West Building Envelope 9 p 7 \ • ;� __ EASEMENTS UNDER NNS 789687. i89B8B • \.\ �„ �� ,\ ♦ . AND 188arm WY ALSO AFFEDr IRIS .�..-.. 1?87.9'1 •-•.-- _.. -- _ ,�� �' - _ '\.\ \ 4r.Br af4e fHro6a • �• N88'84'071V 220,24 FOUND WME WARD sTANE WIN SIM Lomas Family frust AFN 3,3.3.526 r0L 33 OF S:-:R'Y'FYS, PG 122 St4?NEYOR'8. PIOWME THE P OF TOS suaw Is M. A'CON39111471ON E SID& Yr ON GOVERMENT LOT J. EXCEPT THE SOUTH 223 FEET AND DEWAW TAE BERVINC U&MOM ON T2 SHURTIFFF PROPERTY AS SHORN NEREOlI FADIES I . TW SURVEY UM TIE SWWN SUNOMM ON SHOWN ON MAK f OF SURVEYS, PAGE 120 AND 1OLIRAE 3 OF PAGE t08 AND S P15ED CW' liE" 161S19AfG70N'OOORGNA)E SYSTEM rABo PER TES W Tff 0nAR1ER DORMER. T CFN/ER-AY1RTi SIALfEEN7F/ CO18APR'ANO tRASS'2' AS F.5 pMN ON SUTVEYS. AL80 SEE VDLIAI� 3s a SUNVEY$ AWES IW_IW MR ADOMOMtL BOWYB4RY 3(RO pN j:= ALL BFARRkS ARE' RELATYE TO SMD. CRD. ALL OWAMCGS ARE REDIICFD TO SID ORD USNO A COMBMED SCALE FAC70R OF 0.99994. TO MAIN GROUND 01STANCES, WjfLTLFELY 061AFMES SHOWN FlPEG/ BY LOODD PYE NL9 M440 717904- DESCMPTIGI.'SEE WS7NAKNT R ECORDEO'UNOW JEFFERSON COUMY AUMOR S X TRS sURWY COAMES 111M WAC 332-N0-100 AND WAS ACCOWWWO N SEPTEMBER D too 200 TL E pSTMICE3 AIFASIMfO M A F= TAMCM ^TWL A 7OPCON YSSW a-SECOFD TOTAL f7!!..-_�Wi811111 SCALE FN FEET A SURVLY IN GOVERNNWNT j,(Yr 3 SLC71'10N 22, TOWNSHIP 27 NOWrfd, RANGE I WEST',\V.IYL, .IE?F! SRSf)N C;OUN'lY, WASHINGTON "' ""'•• $URVE7'URS CER77fA047E 9GAE: I �iOO' 795 WP WA CORRECTLY RFNEESFMS A SURVEY MAGE SU K OR UNDER W OMECTGJ OPJAttI BY: RIAf W COrRORMAM10E WOR/ THET WATERSHED sy FIX m SURVEY RECOROI11 90 AT 7NE OF NORTN19ESf WAlEP51ffO NtSi11UTE ON SEPRENBER f3. '2072. AAT QIE�bcEO By. _�f 5�-4 shw 1 or I R0B PLS J7531 j M R n, A TITHES 4, 7W SURVEY WAS PERFORMED ACCORDING TO WAC 332-130-090 !'sbe SrAN04M FON t" BOUNDW SURVEYS no SURVEY WAS NOT PLTBtMAlfO !!S SJ: OR CETYTm R) MW DE COMMIT %WM N STA IPM �OErAd. REOUIRUJO Is• . OR :tMAWY swa4RM- FOR At WACSW LAND TEE sURVEYS 00WOM USE OF NOS NOP FOR TAE ISS W4X OF AN ALWAMP OWNERS WEPIM ✓ :b y tr COKRACE POLICY IS SYMMY PR019aM. A THE SURVEY® PARCEL MAY DE SUMCT TO E4MOVRS OR OTHU N` M ENCWIBHUNCES FATHER RECORDED 0R wMEDORom NOT "*N MWOI. M SURVEY FL4S NOT'OETERAINED THE EAiST" OF ALL SUOI EASENEMS OR ENCUMBRANCES IM 711fi'R EFFECT ON THE SURVEYED PARCEL Ew"T AS SPECRBwl1.Y.SHOW HEREON. > > a THS RECORD or SURVEY ANY OE14CT exisim FENCE UNES AND0"" r OCCUPATION4 INUN7OR5 W ACCCRDAACE W7M WAC- CHOiER 332 iTRSE OCCUPAl10JW. 8DK5tiORs NAY' NDHGrE A Pon7m FOR r2AAN5 OF UIMTIT1EFf TEE LEBAL OWNERSNP t3A9EO UPON UI/11R/1TE7! ilrlE CLNNS FIAVE Nor BEEN RESOLVED BY no S7mV DNR SOINH Ot mm? CORVffR� ^_ l PER VOL 1 Or -SUR&& PO IVO SEE SnW Y FOR SECTION SUBDM5100 _E;=f T U_ 2V 540 W. Fa{,AuL Street, AntAngetes, WA 9a362 Land Surveying 360.385.2506 or 360.4520237, 360.452.0238 fie www.jghnxtonl9ndsuEvcyiDRcuDI ALIO?OR's UATtF7.A1 F.'. ZoOM , FR�� cum iw2.,S"�-Dow or�A,a im 6C- -2�0�73 4T N a .L At OK&fOF.SIRRNEW AT PAGE Ar TME Tar JOIrNsraA LAAO swrvERNo 58D(e30 22(27M -IVO couNrr AWIt0R3 FRE kuMBEa 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 I� n —1 2014 Ll 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 # R O SMq/ NT�,oF9 PARY '9 a CP pUBLX o 1p 0 0 SOBER F OF W 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. NAME Address Do you wish to Please Print resent testimony? Print Name Clearly Mailing Address No Yes l� ❑ For ❑ Against ❑ Print Name Clearly Mailing Address No Yes ❑For ❑ Against ❑ ° u Print Name learly Mailing Address ` No Yes � ❑ For ❑ Against ❑ Print Name Clearly ff ��ii �l �• �vl of Mailing Address � /l ^ ` ,� � t` � L cgJ (LS ( No ® Yes ❑ U 1�' _ V;' - I I w e l ge For ❑ Against ❑ Print Name Clearly Mailin Address No Yes hex rl PJ d Asf5cssae,�' F]For El 11 Print Name Clearly Mailing Address No Yes .. i X)Od L r77 -"t ` trt ❑ 1=1 For ❑ Against mst ❑ g Print Name Clearly Mailing Address No Yes ❑ ❑ For ❑ Against ❑ Print Name Clearly i Mailing Address No Yes ❑ ❑ For F-1 Against 11Print Name Clearly Mailing Address No Yes ❑ For ❑ Against ❑ Print Name Clearly Mailing Address No Yes ❑ ❑ For ❑ Against ❑ Print Name Clearly Mailing Address No Yes ❑ ❑ For ❑ Against ❑ Print Name Clearly Mailing Address No Yes ❑ F1 For 13 Against F-1Print Name Clearly Mailing Address No Yes ❑ ❑ For ❑ Against ❑ Print Name Clearly Mailing Address No Yes ❑ ❑ For ❑ Against ❑ Print Name Clearly Mailing Address No Yes ❑ ❑ For ❑ Against ❑ Print Name Clearly Mailing Address No Yes ❑ ❑ For ❑ Against ❑ Print Name Clearly Mailing Address No Yes ❑ ❑ For ❑ Against ❑ JEFFERSON COUNTY NO. 145642 DATE Z r RECEIVED FROM DESCRIPTION BARS# AMOUNT CURRENCY J- Ol d COIN ;. CHECKS Q -L4 9M a dv2.. RECEIVED BY 1�l�i� • TOTAL 1iv 0 a'�"� lo ji RECEIVED BY 1�l�i� • TOTAL 1iv 0 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