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HomeMy WebLinkAboutord2011-025 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2011 - 215 CLEARANCES Initial Date Date in Council Office Agenda Date Assigned to: Originator: SLKL J U I1 H C I_ _ V E D 6 / 21 / 2011 Nat Res Division Head: t1(5 'tI4I 6 / 21 Introduction JUN 14 2011 Dept. Head: 7 / 12 / 2011 Hearing Prosecutor , 'I - ( ( WHATCOM COUNTY COUNCIL Purchasing/Budget: Y 'k ' - Executive: TITLE OF DOCUMENT: Proposed Agricultural Purchase of Development Rights Ordinance to Change Eligibility Criteria ATTACHMENTS: Cover Memo, Proposed Ordinance SEPA review required? ( ) Yes ( x ) NO Should Clerk schedule a hearing ? ( x ) Yes ( ) No SEPA review completed? ( ) Yes ( x ) NO Requested Date: July 12, 2011 SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: The proposed ordinance changes the PDR Program eligibility requirements in WCC 3 . 25A . 070 by removing specific zoning designation references , and continuing to rely on the criteria as outlined in the PDR Program Guidelines . Related PDR Program documents and committee records for reference can be found at http : //www . whatcomcounty . us/ pds/ planning/agricultural program .jsp COMMITTEE ACTION: COUNCIL ACTION: 6 / 21 / 2011 : Committee recommends the ordinance 6 / 21 / 2011 : Amended version Introduced 7 / 12 / 2011 : Council Adopted 7 -0 Ord . 2011 -025 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: 2011 -025 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County 's website at: www. co. whatcom. wa. us/council. 1 SPONSORED BY: Planning 2 PROPOSED BY: Planning 3 INTRODUCTION DATE : June 21 , 2011 4 5 6 7 ORDINANCE NO. 2011 -025 8 9 10 AN ORDINANCE TO CHANGE THE ELIGIBILITY CRITERIA FOR APPLICATION 11 TO THE COUNTY AGRICULTURAL PURCHASE OF DEVELOPMENT RIGHTS 12 PROGRAM. 13 14 WHEREAS, The Growth Management Act and the County Comprehensive 15 Plan support the retention of agricultural lands and encourage the use of innovative 16 techniques to do so ; and 17 18 WHEREAS, ORD2002 - 054 established the Agricultural Purchase of 19 Development Rights Program ( PDR Program ) , applicable to all qualifying lands as 20 identified in the PDR Program Guidelines , and governed by an Oversight Committee 21 that is to advise and make recommendations to the County Council ; and 22 23 WHEREAS, Commercial agricultural activities occur on county lands located 24 outside of the areas specified in the current WCC 3 . 25A . 070 ; and 25 26 WHEREAS, The PDR Oversight Committee met on March 18 , 2011 and April 27 29 , 2011 to discuss recommended changes to PDR Program eligibility ; and 28 29 WHEREAS, The Whatcom County Council held a public hearing to take 30 comments on the proposed code amendment on July 12 , 2011 . 31 32 33 34 35 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council 36 that : 37 38 Section 1 . The Whatcom County Code , Section 3 . 25A . 070 is amended as 39 shown in Exhibit A . 40 41 Section 2 . The Purchase of Development Rights Oversight Committee is 42 requested to recommend changes to the PDR Program Guidelines that are 43 consistent with this code amendment . 44 45 46 47 1 ADOPTED this 12th day of July , 2011 . 2 3 • • � c 0�'� WHATCOM COUNTY COUNCIL 4 ATTwT� , • ; HAT • . 2 WHATCOM COUNTY, WASHINGTON 6 O : COUNTn' 16, 7 . . � , • 8 Ssa •' 9 Sr IS 10 Dar s BroM� rra,L�awis; Co 'lcil Clerk S : m Crawford , Cha! person 11 0 * E `$ 12 13 14 APPROVED as to form : ) Approved ( ) Denied 15 16 F 17 18 Civil Deputy Prosecutor Pete Kremen, Executive 19 Date : 7-4/9 — 1 ) 20 21 22 23 1 EXHIBIT A 2 3 4 3 .25A.070 Eligibility Criteria 5 6 In order for a parcel to be eligible for a conservation easement, it must be located outside of an 7 established urban growth area and within Rural 2A, Rural 5A* , Rural 5A, Rural 10A or 8 Agriculture zoned land and meet any additional eligibility criteria as defined in the PDR program 9 guidelines. 10 11 * The asterisk refers to Rural 5A areas depicted on the official zoning maps with an asterisk that 12 are subject to Whatcom County Code 20 . 36.252 Rural Residential Density Overlay. 13