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HomeMy WebLinkAboutres2003-010WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2003 -077 CLEARANCES Initial Date Date Recen ed in Council Office Agenda Dale si ued to: Originator: Should Clerk schedule a hearing ? 1103/03 f Yes Jan. 28'03 !� Elisabeth H. Wen SEPA review completed? ( ) Yes ( N/A Division Head: Requested Date: C Sylvia Goodwin '- Dept Head: Han A.P. Hal H LQ 9 �QO9 ,1 Prosecutor Karen Feather PurchisingBudgec ., ....... . Ereaultion Peter Krcmen \ 1 .� SUBJECT: 1 ' A Resolution adopting recommendations for Open Space/Open Space and Open Space Timber Applications. ATTACHMENTS: Draft Resolution Agency Report with attached Staff Report, ratings sheet and maps SEPA review required? ( ) Yes ( X ) No Should Clerk schedule a hearing ? ( f Yes ( X ) No SEPA review completed? ( ) Yes ( N/A ) No Requested Date: SUMMARYSTATEMENT: Of the jour OPEN SPA CEITIMBER applications received, staff recommends approval for all applications and new Timber Management Plans. Of the one OPENSPACE /OPEN SPACE application received, staff recommends approval for the application. COUNCIL ACTION TAKEN: 2003-77 11281 2003: Approved 6 0, Brenner out of room, Res. #2003- 010 Related County Contract #: Related File Numbers: OS 2002 -2 ulsmmunon Request Indicate those who should receive a copy after Council action. List speck names to the right Planning Treasurer Jean Eastman Elizabeth Olsen on Nu her ,10 -010 2002 -2 Res. Page 1 INTRODUCED BY.' Consent: PROPOSED BY Plannino/Dev. Services DATE: January 13 2003 RESOLUTION NO. 2003 -010 A RESOLUTION ADOPTING RECOMMENDATIONS FOR OPEN SPACEIOPEN SPACE AND OPEN SPACE/TIMBER WHEREAS, The Planning Commission received three (3) applications for Open Space t Use Tax assessment and two updated OpenSpaceTimberMmber Management Plans for and recommendations pursuant to RCW 84.34; and WHEREAS, pursuant to WAC Section 197- 11- 800(6)(c), matters relating to Open Space i are determined not to be major actions and are exempt from threshold determination and mental impact statement requirements of the State Environmental Policy Act; and WHEREAS, pursuant to RCW 36.70.390, legal notice was published in the Bellingham on August 29, 2002, and a copy of said notice was sent in a timely manner to all applicants; WHEREAS, on September 12, October 10, and October 24, 2002, the Planning Commission ad the public hearings on the applications and received testimony from the Planning Division regarding the proposed Open Space /Open Space and Open Space Timber applications; and WHEREAS, Open Space /Open Space evaluations are based on the Public Benefit Rating System; and WHEREAS, Open Space Timber is evaluated upon conformance with RCW 84.34.041; and WHEREAS, the Planning Commission recommends approval of the Open Space /Open application for the City of Bellingham; and WHEREAS, the Planning Commission recommends approval of the Open Space/Timber tions for Judith Tapley and Maril Solomon, and updated Open Space TimbedTimber ement Plans for Eric Singleton /Coldwater Temple LLC and John Sand /Joseph Slevin; and WHEREAS, the Planning Commission has forwarded its recommendation to the Whatcom Council; and WHEREAS, Council held a public meeting on January 28, 2003, to consider the Planning ssion's recommendations, and WHEREAS, Council adopted the Planning Commission's recommendations on January 28, THEREFORE, BE IT RESOLVED BY THE WHATCOM COUNTY COUNCIL: 1. The Whatcom County Council approves the Open Space /Open Space application for the City of Bellingham; and 2. The Whatcom County Council approves the Open Space Timber applications for Judith OS 2002 -2 Res. Page 2 Tapley and Maril Solomon, and updated OST/Timber Management Plans for Eric Singleton /Coldwater Temple LLC and John Sand /Joseph Slevin. 3. The Whatcom County Council directs the Assessor to place the parcels in the appropriate Open Space status category. 4. Adjudication of invalidity of any of the sections, clauses or provisions of this Resolution shall not affect or impair the validity of the Resolution as a whole or any part thereof other than the part so declared to be invalid. PASSED this 28 day of January , 2003. ATTEST: Dana Brown -Davis Clerk of the Council Approved as to form: i� aren Frakes Civil Deputy Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Dan McShane, Chairperson ( ) APPROVED ( ) VETOED AGENCYREPORT File Re /. OS 2002 WHATCOM COUNTY PLANNING DEPARTMENT AGENCY REPORT December 19, 2002 Page 1 PLANNING COMMISSION RESOLUTION IN THE ) FINDINGS, MATTER OF RECOMMENDATIONS FOR THE YEAR ) REASONS 2002 OPEN SPACE /OPEN SPACE AND OPEN TIMBER ) AND MOTIONS APPLICATIONS WHEREAS, The Whatcom County Planning Commission received five (5) new applications for Open Space land tax assessment for review and recommendations pursuant to RCW 84.34; and WHEREAS, pursuant to WAC section 197- 11- 800(6)(c), matters relating to Open Space taxation are determined not to be major actions and are exempt from the threshold determination and environmental impact requirements of the State Environmental Policy Act; and WHEREAS, pursuant to RCW 36.70.390, legal notice was published in the Bellingham Herald on August 29, 2002, and a copy of said notice was sent in a timely manner to all applicants; and WHEREAS, on September 12, 2002, the Planning Commission opened the public hearing on the applications and received testimony from the Planning Division staff regarding the proposed Open Space /Open Space and Open Space Timber parcels; and WHEREAS, Open Space /Open Space evaluations are based on the Public Benefit Rating System and the Open Space Timber is evaluated upon conformance with RCW 84.34.041; and WHEREAS, the Planning Commission concurs with the Planning Division's recommendation for approval of Open Space Timber for Maril Solomon and Judith Tapley, and an updated Open Space Timber/Timber Management Plan for Eric Singleton /Coldwater Temple LLC; and WHEREAS, the Planning Commission tabled the updated Open Space Timber/Timber Management Plan submittal from John Sand /Joseph Slevin to the Planning Commission meeting of October 10, '02, for further consideration; and WHEREAS, the Planning Commission, at the meeting on October 10, '02, concurs with the Planning Division's recommendation for approval of the Open Space Timber/Timber Management Plan submittal from John Sand /Joseph Slevin ; and WHEREAS, the Planning Commission tabled the Open Space /Open Space application from the Trillium Corporation and Foxglove LLC to the Planning Commission meeting of October 10, '02, for further consideration; and AGENCY REPORT File Ref.: OS 2002 December 19, 2002 Page 2 WHEREAS, the Planning Commission at the meeting on October 10, '02, tabled the Open Space /Open Space application from the Trillium Corporation and Foxglove LLC to the Planning Commission meeting of October 24, '02, due to the property being bought by the City of Bellingham from the Trillium Corporation and Foxglove LLC; and WHEREAS, the Planning Commission, at the meeting on October 24,'02, concurs with the Planning Division's recommendation of approval the City of Bellingham's application for Open Space /Open Space; and WHEREAS, the Planning Commission has concluded its hearings on current applications. NOW THEREFORE BE IT RESOLVED: FINDINGS OF FACT AND REASONS FOR ACTION 1. A quorum of Commission members was present during the hearings. 2. The statutory requirement was met regarding legal notice. 3. The Planning Commission voted to recommend approval for the Open Space Timber applications from Mari[ Solomon and Judith Tapley and an updated Open Space Timber/Timber Management Plan from Eric Singleton /Coldwater Temple LLC. 4. The Planning Commission voted to table the application of the updated Open Space Timber/Timber Management Plan from John Sand /Joseph Slevin. 5. The Planning Commission subsequently voted to recommend approval for the updated Open Space Timber/Timber Management Plan from John Sand /Joseph Slevin. 6. The Planning Commission voted to table the application for Open Space /Open Space from the Trillium Corporation and Foxglove LLC for further consideration. 7. The Planning Commission subsequently voted to recommend approval for Open Space /Open Space application from the City of Bellingham (property formerly owned by the Trillium Corporation and Foxglove LLC). AGENCYREPORT File Ref: OS 2002 WHATCOM COUNTY PLANNING COMMISSION Bob Weisen, Chairperson Date: December 19, 2002 Page 3 9 Hal Hart, A.I.C.P., Secretary Commissioners present at the September 12, 2002 Hearing: Danna Beech, Dick Gilds, Geoff Menzies, Ron Roosma, David Hunter, Bob Weisen and John Steensma. Commissioners present at the October 10, 2002 Hearing: Danna Beech, Geoff Menzies, Ron Roosma, David Hunter, Al Schreiber, Bob Weisen, Dave Pros and John Steensma. Commissioners present at the October 24, 2002 Hearing: Danna Beech, Geoff Menzies, Ron Roosma, David Hunter, Bob Weisen, Dave Pros, Richard Gilda, At Schreiber and John Steensma. Attachment: Staff Report Prepared by: Elizabeth K. Olsen, Planner II Staff Report File OS 2002 August 29, 2002 WHATCOM COUNTY PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT OPEN SPACE APPLICATIONS 2002 — Trillium Corp./ Foxglove LLC Open Space /Open Space (Transfer from Designated Forestry) 2002 — Maril Solomon Open Space Timber (Transfer from Desig. Forest) 2002 — Judith Tapley Open Space Timber (Transfer from OSAG) 2002 — Eric Singleton /Colwater Temple LLC Open Space Timber (Continuance w /new TMP) 2002 —John Sand Open Space Timber (Continuance w /new TMP) This report summarizes the Planning and Development Department's recommendations on open space applications received in 2002 through August 2002. The Open Space Taxation Act (RCW 84.34) was enacted in 1970 for two primary reasons: to create a tax climate that was equitable to the open space landowner and to decrease the rate at which open space lands were being converted to non -rural uses. These were accomplished by providing property tax relief to land that qualifies under one of the four open space classifications: OPEN SPACE AGRICULTURE, OPEN SPACE FARM AND AGRICULTURE CONSERVATION, OPEN SPACEIOPEN SPACE and OPEN SPACE TIMBER. The agricultural designation is administered by the County Assessor whilst the Open Space, Timber, and Farm & Agriculture Conservation applications fall under the authority of the County Council. The process is handled in the same manner as an amendment to the Comprehensive Plan. The Council decides on whether to grant the applicant assessment at current use after receiving a recommendation from the Planning Commission. Open Space Timber is no longer subject to Planning Commission review under the Public Benefit Rating System. Of the five applications received, there is one transfer application to OPEN SPACE TIMBER from OSAG, one transfer application to OPEN SPACE TIMBER from Designated Forest and one transfer application to OPEN SPACE/OPEN SPACE from Designated Forest. Two applications have been received for OPEN SPACE TIMBER, of which both are in the Open Space Timber program but were in the program early in the 70s when no Timber Management Plans (TMPs) were requested. With change of ownership, TMPs have been submitted. The recommendations are based on the information gathered in accordance with the adopted Whatcom County Public Benefit Rating System and Timber Management Plan criteria. Staff evaluations and recommendations with maps and aerials showing location of each individual application are attached. Also attached is a locational map and Exhibit 1 that describes the Whatcom County Open Space Policy and Criteria and Public Benefit Rating System. For the OPEN SPACE/ OPEN SPACE category, approval is contingent upon three matters (unless the subject property is subject to the Critical Areas Ordinance): (1) The applicant consents to a degree of public access to the site, to be specified in the formal signed agreement. Such access is to be commensurate with site characteristics and generally subject to users obtaining the owner's permission. (2) The applicant posts a sign indicating open space status and public access. Staff Report File OS 2002 August 29, 2002 (3) The applicant signs and returns a "Hold Harmless Agreement" together with the signed formal agreement. For the OPEN SPACEffIMBER category, approval is contingent upon conformance with RCW 84.34.041. This places an emphasis on approval or denial according to the completeness of the Timber Management Plan. The Timber Management Plans are rated by staff on how complete they are in 7 categories and may receive up to 2 points for each category. Approval is recommended for those properties receiving a score of 7 or more and denial is recommended for those properties receiving a score of less than 7. If a property receives a score of less than 7 points, the property owner has an option to update their Timber Management Plan. All Timber applications must be approved or denied within 6 months of their receipt. For the OPEN SPACE /OPEN SPACE application received, staff recommends the following: 1) Approval of application: Trillium Corp. and Foxglove LLC. Of the OPEN SPACE TIMBER applications received, staff recommends the following: 2) Approval of applications for: Maril Salomon, Judith Tapley, Eric Singleton /Coldwater Temple LLC and John Sand. ATTACHMENTS Overall location map Ratings for all applications with maps and aerials, Exhibit 1, Whatcom County Open Space Policy and Criteria and Public Benefit Rating System. Z W EXHIBIT 1 Whatcom Countv Open Space Policy and Criteria and Public Benefit Rating System 1995 SUMMARY OF WHATCOM COUNTY OPEN SPACE POLICIES Public Benefit Rating System- All applications for open space-open space and open space- farm and agriculture conservation will be rated according to the Whatcom County Public Benefit Rating System described in the following pages. A Public Benefit Rating of at least 45 must be attained in order to be recommended for approval. In addition, the amount of tax reduction to be granted to open space applications will be based on the Public Benefit Rating. The greater the public benefit provided by keeping the property in open space use, the greater the tax reduction. II. Pnhlir arrmg- As a condition of approval, owners of open space parcels must agree to provide a certain degree of public access according to the Whatcom County Public Access Policy listed on Page 12. All applications shall be accompanied by the owner's proposed rules of conduct and a description of how public access is to be managed, within the limitations outlined in the Whatcom County Public Access Policy. Note: On parcels where there is a documented occurrence of a State or Federal Endangered or Threatened species; Federal Proposed Endangered or Threatened Species; and State Sensitive or Monitor Species; or where there is a known or potentially significant archaeological site; or when the purpose of the open space is for wetland conservation, the public access requirement may be waived by the Council. HI. Open Space Ca • As a condition of approval, owners of open space parcels must agree to post a sign in a location visible to passing motorists, in accordance with the Whatcom County Open Space Sign Policy on Page 13 indicating the parcel's open space status and the availability of public access. As with the public access requirement, the requirement for posting of a sign may be waived in some instances. IV. Hold A_ arml A�rrament• All open space property owners must sign a hold harmless agreement, freeing Whatcom County of any liability which may arise as a result of open space approval. A copy of the hold harmless agreement is included on Page 14. J.. • u h • 'r1 2.11 1101 IOU 11H i I. APPROVAL CRITERIA: OPEN SPACE /OPEN SPACE AND OPEN SPACE/FARM & AGRICULTURE CONSERVATION Washington State law specifies that: In determining whether an application made for open space current use taxation status should be approved or disapproved, pursuant to RCW 84.34.020, subsection (1)(b) (Open Space/Open Space) or subsection (c) (Open Space/Farm & Agriculture Conservation), the Whatcom County Planning Commission will consider in its recommendations to the County Council whether or not preservation of the current use of the land, when balanced against the resulting revenue loss or tax shift from granting the application will: 1. Conserve or enhance natural, cultural or scenic resources, or 2. Protect streams, stream corridors, wetlands, natural shorelines and aquifers, or 3. Protect soil resources and unique or critical wildlife and native plant habitat, or 4. Promote conservation principles by example or by offering educational opportunities, or 5 . Enhance the value of abutting or neighboring parks, forests, wildlife preserves, nature reservations or sanctuaries or other open spaces, or 6. Enhance recreation opportunities, or 7. Preserve historic and archaeological sites, or 8. Affect any other factors relevant in weighing benefits to the general welfare of preserving the current use of the property. II. PUBLIC BENEFIT RATING SYSTEM A. Based on the first seven (7) approval criteria listed above in conjunction with number eight (8) above, the Planning Department staff will assign each application for Open. Spar %pen CTarr and Open Space /Farm & Agriculture Cnncervatinn a PUBLIC BENEFIT RATING using the method described below. B. A parcel must receive a PUBLIC BENEFIT RATING of at least forty five (45) to be recommended for approval. C. The PUBLIC BENEFIT RATING will be used by the County Assessor's office in determining the amount of tax reduction for OpenSpace/OpelrSpace and Open Spaccff�i-,&-_Agric ilturr Cmiservation parcels. III. PUBLIC BENEFIT RATING CALCULATION A. BASIC VALUE The Planning and Development Services Department will review each Open S a{ aceMPen- Space and Opm-SpsuzeLEarrn $,_AgricnIture C t• application and will assign to each a BASIC VALUE that represents the degree of conformance with the BASIC VALUE CRITERIA listed in Section IV below. B. PUBLIC BENEFIT VALUE The BASIC VALUE will be increased (or decreased) by a percentage (PUBLIC BENEFIT VALUE) representing the benefit to the general welfare of preserving the current use of the property, based on conformance with the factors listed in section V below. C. PUBLIC BENEFIT RATING FORMULA The PUBLIC BENEFIT RATING will be calculated using the following formula: PBR= BV +(BV X PBV), where: Ii U Iff 1 I'•i IN. BASIC VALUE CRITERIA: A. Open Sparp/Open Spa /Open Space A maximum of ten points for openspace/apen pace applications may be assigned far each-oLthElitems based upon conformance with the criteria listed below. 1. Conserve or enhance natural, cultural or scenic resources. Criteria_fh"pprosal: a. lands which possess unique scenic vistas available to the public or are within the visual corridor of scenic roads or highways; b. lands which, when left in their natural state, would serve as buffers between areas of commercial or industrial activity and areas of human habitations; C. lands which can serve to prevent the spread of high density residential development into less developed areas; d. lands located adjacent to airports. 2. Protect streams, stream corridors, wetlands, natural shorelines and aquifers. Critrria for anprovah a. lands within a 100 -year floodplain; b. lands within or adjacent to areas of domestic water supply; C. lands near or adjacent to streams or rivers where, if alterations were to occur, a resulting loss of quality would also occur in the conditions of water and the general functioning of the regime; d. lands which provide for preservation of bogs or swamps; C. lands adjacent to bodies of water, both marine and fresh; f. lands including and adjacent to wetlands and tidal areas (these lands would not necessarily be approved contingent upon public access agreement due to biological sensitivities). 3. Protect soil resources and unique or critical wildlife and native plant habitat. Crited -fm anpmvV L- a. lands where slopes exceed 25% or areas where underlying geology and soils are known to produce unstable conditions; b. lands where, if alterations were to occur, a resulting high risk of soil erosion would follow; C. lands which represent habitats for unique or critical wildlife or native plants, or where there is a documented occurrence of a State or Federal Endangered Species; State or Federal Threatened Species; Federal Proposed Endangered or Threatened Species; or State Sensitive or Monitor Species as listed in the Washington Department of Wildlife Nongame Data System. On parcels where there this documentation, the Department shall automatically recommend approval with a recommendation that a sign and public access shall not be required. 4. Promote conservation principles by example or by offering educational opportunities. lemma ,, , a. lands which are an example of application of conservation principles; b. lands which offer opportunities for conservation education such as interpretive centers or trails. Enhance the value to the public of abutting or neighboring parks, forests, wildlife preserves, nature reservations or sanctuaries or other open spaces; Critpria for approval- a. land that the local County Park Board has identified for possible future park acquisition; b. land designated in County Parks, Recreation and Open Space Study and other documents as significant park land, open space or conservation areas; C. lands which, as open space, may help to provide for successful imple- mentation of County Trail Plan; d. -lands which are near or adjacent to existing public parks, forests, wildlife preserves, nature reservations, sanctuaries, schools or other open space lands classified under RCW 84.33 or RCW 84.34; 6. Enhance recreation opportunities. criteria fnr npprnvnf. a. lands possessing private recreational facilities which are available to the public without charge; b. lands which provide opportunities for passive recreational activities such as, but not limited to, hiking, horseback riding, hunting, fishing, bird watching, and nature observation; Preserve historic and archaeological sites. Criteria for 1 p l- a. areas or sites which have been identified as significant on local, state or national Historic Registers; b. areas or sites of known or potential archaeological significance. On parcels where there is a known or potentially significant archaeological site, the Department shall automatically recommend approval with a recommendation that a sign and public access shall not be required. Only parcels consistent with RCW 84.34.020(8)(a)(b) may be considered for Open Space/Farm & Agriculture Conservation. A maximum of fifte .n (15) points for QpeuSparet Farm e, sgr rnlbure Conserxefion applications may be assigned for eAc1 of the Rrm mn t 1_iterns listed below, and a maximum of five-(5) points may be assigned fnr fhr --- aiuin�n_eighti8)_items; listed below based upon conformance with the criteria listed. 1. Traditional or potential farmland. Criteria for app h lands which have historically been used for agriculture; and /or lands that have not been devoted to a use inconsistent with agricultural uses. 2. Soil Value Criteria fnr npprn al•, a. lands which contain prime farmland as defined by the U.S. Department of Agriculture; or b. lands which contain capability classification L -IV according to the US Department of Agriculture Land Capability Classification system. 3. Comprehensive Plan Designation Criteria -for-apprayaL, Lands which are designated Agriculture or Incentive Agriculture in the Whatcom County Comprehensive Plan. 4. Conserve or enhance natural, cultural or scenic resources. Criteria fnr approval: a. lands which possess unique scenic vistas available to the public or are within the visual corridor of scenic roads or highways; b. lands which, when left in their natural state, would serve as buffers between areas of commercial or industrial activity and areas of human habitations; C. lands which can serve to prevent the spread of high density residential development into less developed areas; d. lands located adjacent to airports. S• Protect streams, stream corridors, wetlands, natural shorelines and aquifers. rrit r nt>—! a. lands within a 100 -year Floodplain; b. lands within or adjacent to areas of domestic water supply; C. lands near or adjacent to streams or rivers where, if alterations were to occur, a resulting loss of quality would also occur in the conditions of water and the general functioning of the regime; d. lands which provide for preservation of bogs or swamps; e. lands adjacent to bodies of water, both marine and fresh; f. lands including and adjacent to wetlands and tidal areas (these lands would not necessarily be approved contingent upon public access agreement due to biological sensitivi- ties). 6. Protect soil resources and unique or critical wildlife and native Plant habitat. f.citeCJa r nY �y a. lands where slopes exceed 25% or areas where underlying geology and soils are known to produce unstable conditions; b. lands where, if alterations were to occur, a resulting high risk of soil erosion would follow; C. lands which represent habitats for unique or critical wildlife or native plants, or where there is a documented occurrence of a State or Federal Endangered Species; State or Federal Threatened Species; Federal Proposed Endangered or Threatened Species; or State Sensitive or Monitor Species as listed in the Washington Department of Wildlife Nongame Data System. On these parcels the Department shall automatically recommend approval with a recommendation that a sign and public access shall not be required. 7. Promote conservation principles by example or by offering educational opportunities. Criteria a. lands which are an example of application of conservation principles; b. lands which offer opportunities for conservation education such as interpretive centers or trails. Enhance the value to the public of abutting or neighboring parks, forests, agricultural lands, wildlife preserves, nature reservations or sanctuaries or other open spaces. criteria for ap rn neat_ a. land that the local County Park Board has identified for possible future park acquisition; b. land designated in County Parks, Recreation and Open Space Studies and other documents as significant park land, open space or conservation areas; C. lands which, as open space, may help to provide for successful implementation of County Trail Plan; d. lands which are near or adjacent to existing public parks, forests, wildlife preserves, nature reservations, sanctuaries, schools or other open space lands classified under RCW 84.33 or RCW 84.34; 9. Enhance recreation opportunities. rritrria fnr i I• a. lands possessing private recreational facilities which are available to the public without charge; b. lands which provide opportunities for passive recreational activities such as but not limited to hiking, horseback riding, hunting, fishing, bird watching, and nature observation; 10. Preserve historic and archaeological sites. C'ritrri __,_a fo-aprnvn L• a. areas or sites which have been identified as significant on local, state or national Historic Registers; b. areas or sites of known or potential archaeological signifi- cance. On parcels where there is a known or potentially significant archaeological site, the Department shall automatically recommend approval with a recommendation that a sign and public access shall not be required. V. PUBLIC BENEFIT VALUE CRITERIA The following list of open space characteristics have been determined to have a high priority in providing (or detracting from) benefit to the general welfare will be used to determine the PURI I(' BFNFFIT VALUE for each Open Spare/Open Spate and Open Cp P/F & Agrienlivirr Cruisprvatinn application. The total PUJRLI BFNFFIT Y-ALIJE will increase (or decrease) the RACK VALIIF by a certain percentage. It is possible to attain a PUBLIC BENEFIT VALUE of up to 140 %, resulting in a maximum possible increase of 140 %. A. PUBLIC ACCESS (Maximum 411% increase) I. Shoreline access 2. Recreation access 3. Public road frontage 4. Availability of off - street parking 5. Quality of access in terms of accessibility and owner's Proposed rules of conduct and access management B. WATER RESOURCE PROTECTION(Maxirnum 2(19% increase) 1. Watershed of domestic water supply 2. Aquifer recharge area 3. Preservation of hydrologic processes: - streams and natural drainage courses - wetlands, swamps, bogs -lakes C. WILDLIFE HABITAT (Maximum 20°1% increase) I. State or Federal Endangered Species; State or Federal Threatened Species; Federal Proposed Endangered or Threatened Species; or State Sensitive or Monitor Species. 2. Abundance and diversity of wildlife (associated with "edge" type habitat and areas of vegetative and topographic diversity). D. PARCEL SIZE 1. Twenty (20) acres or larger (Maximum 109% increase) 2. Smaller than five (5) nominal acres (Maximum 109a decrease for OS Open Space applications; Required 40% decrease for OS Farm and Agriculture Conservation applications) E. LINKAGE WITH OTHER OPEN SPACES (Maximum 5.%% 10 increase) Adjacent to other Open Space, parks, or open areas associated with Planned Unit Developments, Cluster Subdivisions, or Binding Site Plans. NATURAL AREAS (Maximum 5%n increase) Based on how much of parcel is in natural cover and not developed with homesite, outbuildings, and clearings. G. FINANCIAL ADVANTAGE (Maximum 40%n decrrase) The use to which the land is put derives a financial advantage for it owners. Ii. DISCRETIONARY VALUE (Maximum 4fl°lo increase) (Minimum 40-% decrrase) Discretionary value may be added or subtracted where land provides or detracts from public benefits other than those specifically listed above. If discretionary value is added or subtracted,. the provision of or detraction from public benefits shall be set forth in detail on the supplemental application form and on the scoring sheet PUBLIC ACCESS All applications for Open Space/Open Space and Open Space Farm & Agriculture Conservation shall be accompanied by the owners' proposed rules of conduct and a description of how public access is to be managed, within the limitations outlined below. 1'he term "Public Access" is limited and defined as the right of any individual to request permission to enter and visit the premises on foot for legitimate recreational purposes such as bird watching, scenic observation, scientific investigation, picnicking during daylight hours, and strolling and general relaxation on the premises. This right is subject to the execution by the visitor of: 1. An agreement to abide by any reasonable rules of personal conduct required by the owners while on the premises, and 2. A general release of the owner from liability for any injury suffered by the visitor while on the premises. Permission will be granted without discrimination, EXCEPT in the case of a person in disorderly or apparently intoxicated condition in which case permission will be denied. Any permission previously granted shall become automatically revoked, and the visitor deemed to be a trespasser upon the premises. Owners retain and reserve the power to officially post and enforce rules not inconsistent with the foregoing provisions and conditions for public entry upon the premises. DATED this day of , 200 SIGNED: owner owner 12 OPEN SPACE SIGN POLICY As a condition of approval of your open space application, you must post a two foot (2' x 2') sign on your property to indicate open space status, public access, and the Open Space Agreement number within one month of executing the Open Space Agreement. The sign must be located on the property's road frontage in as conspicuous a location as possible. Construction of the sign will be the responsibility of the applicant and will be in accordance with the specifications on file with the Planning and Development Services Department. It is the property owner's responsibility to assure that the sign remains in place during the period of the open space agreement. This policy affects all Open Space /Open Space and Open Space /Farm and Agricultural Conservation applications. 13 HOLD HARMLESS AGREEMENT owner and owner In consideration for Whatcom County's approval of the attached Open Space Application, with any conditions that may be imposed, hereby agree to defend, indemnify and hold harmless Whatcom County, its officers and employees from any claim that may arise against Whatcom County as a result of the approval of the attached application with conditions. This agreement shall become binding only after the attached application has been approved by the Whatcom County Council. DATED this day of 1200 SIGNED: owner owner 14 PUBLIC ACCESS All applications for Open Space/Open Space and Open Space Farm & Agriculture Conservation shall be accompanied by the owners' proposed rules of conduct and a description of how public access is to be managed, within the limitations outlined below. The term "Public Access" is limited and defined as the tight of any individual to request permission to enter and visit the premises on foot for legitimate recreational purposes such as bird watching, scenic observation, scientific investigation, picnicking during daylight hours, and strolling and general relaxation on the premises. This right is subject to the execution by thq visitor of: 1. An agreement to abide by any reasonable rules of personal conduct required by the owners while on the premises, and 2. A general release of the owner from liability for any injury suffered by the visitor while on the premises.. Permission will be granted without discrimination, EXCEPT in the case of a person in disorderly or apparently intoxicated condition in which case permission will be denied. Any permission previously granted shall become automatically revoked, and the visitor deemed to be a trespasser upon the premises. Owners retain and reserve the power to officially post and enforce rules not inconsistent with the foregoing provisions and conditions for public entry upon the premises. DATED this day of , 200 SIGNED: owner owner Whatcom County Council AFFIDAVIT OF POSTING OF OPEN SPACE SIGN PURSUANT TO WHATCOM COUNTY OPEN SPACE SIGN POLICY AND SPECIFICATION being first duly sworn upon oath, deposes and says: That I have posted a two foot by two foot Open Space Sign in accordance with the Whatcom County Open Space Sign Policy and the Whatcom County Open Space Sign Specification, in a conspicuous location, visible to passing motorists, indicating the Open Space status of the following Open Space parcel(s): Assessor's Parcel Number(s): I understand that it is the property owner's responsibility to assure that the sign(s) remains in place during the period of the Open Space Agreement; that posting of the Open Space sign is subject to verification by County personnel; and that failure to maintain the sign is a violation of the Open Space Agreement and may result in withdrawal of Open Space status with attendant taxes and penalties payable pursuant to RCW 84.34. Signature of Property Owner or other person posting property I certify that 1 know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in this instrument. Signature Notary Pt Title Seal My y As a condition of approval of your Open Space application, you must post at least one Open Space sign on the property's road frontage in a conspicuous location, visible to passing motorists. It shall be the property owner's responsibility to assure that the sign remains in place during the period of the Open Space Agreement. A typical sign and mounting are illustrated below. The sign shall be purchased from the Whatcom County Planning and Development Department for $5.00 plus tax of .39 cents. The sign shall be permanently attached to a weather - resistant solid backing at least two feet by two feet in size. You may also post reasonable rules of personal conduct while on the premises, pursuant to Whatcom County Public Access Policy. Such rules shall be approved by the Planning Department prior to posting. TOP OF SIGN b 4 Q u W N ground level � Jtl 2 feet ( space for posting rules ) inch p 2^x2',p Trillium - Foxglove OSOS 2002 WHATCOM COUNTY OPEN SPACE CLASSIFICATION Property Owner: Trillium Corp. and Foxglove Designation: Open Space /Open Space LLC 4350 Cordata Parkway Transfer from 190 acres from Des. Forest Bellingham, WA. 98226 Parcel No: 380323 - 315066, - 366066 Subarea: Lake Whatcom 380326 — 352406, - 363470, Comp Plan Designation: Rural Res. And Rural - 430470, - 494470, - 298340, Zoning Designation: RR2 and R2A - 360340 and 430340. Shorelines: N/A Acreage: 198.71 acres Soil Type /Capabilities: #156 Sqal. gray. loam, 5 -15% Road Access: Circa 2000 blk. N. Shore Dr. #109 Nati loam, 15 -30 %, #49 Land Use: Undeveloped forest Everett gravelly sandy loam, hard substratum, 2 -8% slopes SCS Soil Rating: N/A SCS Soil Limitations: N/A Hydric: N/A Comments: Not to be built on. Basic Value Score Max Public Benefit Value: Score Max Enhance scenic resources 10.00 10.00 Public Access 30.00% 40.00% Enhance beauty ofL.Whatcom valley Trailhead to be built at North Shore Drive Protect Streams /Shorelines 10.00 10.00 Water Resource Protection 20.00% 20.00% preservation ofL.Whatcom watershed Lake Whatcom Watershed preservation Protect Soils and Wildlife 10.00 10.00 Wildlife Habitat 20.00% 20.00% Maintain and protect the habitat Almost 200 acres of diverse wilderness Promote Conservation Principles 10.00 10.00 Parcel Size 10.00% 10.00% Conservation of natural environment 198.71 acres - 40.00% Enhance abutting Open Space 5.00 10.00 Abutting Open Space 3.00% 5.00% Some Des. Forestry land to east Some Des. Forestry lands to the east Recreation Opportunities 10.00 10.00 Natural Areas 5.00% 5.00% Trails etc. Undeveloped natural hillside Historic /Arch. Significance - 10.00 Financial Advantage 0.00% - 40.00% N/A N/A Discretionary Value 0.00% 40 + / -% N/A TOTAL 55.00 70.00 88.00% 140.00% TPablfftenef7t Rallue =BV+fB, "" ,c "55 +(55 *88 %) =s5 +48.4 =103.4 APPROVAL Conditions: Must receive at least 45 points for approval Public Access Action: Sign Commission Hold Harmless Council J x•135 11091 I x aIA3 I z4'A y4,o I ywio x avbo yz yam° y auo of le..e w a FOX X�peo.o z yes+ RA From: <keryryt9wb an;> To: •ea :a, .»n.lf0m.wa.ua' 1 l�1'�1 —15 °� % %GIs Dww: 72037 48PM Subject Open Spam Into IVIGLYI yFa 1;f� Hi tewdayN-n«elstm Tent nsMMJ an Info p«fwmWinton M 1 TA het «arv. �e.n Eastman rval n.eaea.n em.l wnn lop, ppinlpn on me IYtNTWCMM. pmTgCBlnp.¢BmMO Wan.p.=e FpNB.b ««eeE 676— :;. /r wm w nswnpn. Tllmw a 3wr Irelp -nwx be a bq alep swam brmewwsnea p.oaaml 6594 " � �� TdY wePeM $IZe 19n.T1 sues ` Tows Pjinsils; BMM, e03, x444 y4no 1"WITI , 1nNL P •ru want ° n C/ 2i> 'Z3 UArf 911164 Ir I Z4 A ;owH' 3t I 3 !III SC[I Zj MAP G i sU I " =- VA 1 "suonr •��•� 3/T lICI ILAT 44 4oft \ li LLNM Cleo f e ed(Ns 17 Aaao a --A 1� I a391 X3 mules cpn01 ydr '%° � � I e0 Yps w leo w pu•a J x•135 11091 I x aIA3 I z4'A y4,o I ywio x avbo yz yam° y auo of le..e w a FOX X�peo.o z yes+ RA From: <keryryt9wb an;> To: •ea :a, .»n.lf0m.wa.ua' 1 l�1'�1 —15 °� % %GIs Dww: 72037 48PM Subject Open Spam Into IVIGLYI yFa 1;f� Hi tewdayN-n«elstm Tent nsMMJ an Info p«fwmWinton M 1 TA het «arv. �e.n Eastman rval n.eaea.n em.l wnn lop, ppinlpn on me IYtNTWCMM. pmTgCBlnp.¢BmMO Wan.p.=e FpNB.b ««eeE 676— :;. /r wm w nswnpn. Tllmw a 3wr Irelp -nwx be a bq alep swam brmewwsnea p.oaaml 6594 " � �� TdY wePeM $IZe 19n.T1 sues ` Tows Pjinsils; BMM, e03, x444 y4no 1"WITI , 1nNL P •ru want ° n C/ 2i> 'Z3 UArf 911164 Ir I Z4 A ;owH' 3t I 3 !III SC[I Zj MAP G i sU I " =- VA 1 3/T lICI I �M \ / : Xi � Soil Type /Capabilities: #157 - Squalicum gravelly loam, 15-30% slopes, Site Index': 132 Limitations /Concems: Muddiness caused by sez #158 - Squalicum gravelly loam, 30-60% slopes, Site Index ": 132 40% lot coverage serial wetness. 60% lot coverage Limitations /Concems: Slope and hazard of erosion Timber Management Plan Completeness (0= incomplete; 1= Satisfactory; 2= thorough) Information Included : Points Max. Current Stand Description 2 2 Approximately 60 years old. Selectively logged +/ -25 years previous, now fully forested with Douglas fir, western Red Cedar. Hemlock, big leaf Maple and red Alder. Soils Description 2 2 Complete and accurate, both soil units typically used as woodland Forest Health As noted in TMP. Thinning Program Selective thinning 2002 - 2005 for <50% of stand Harvest Plan 2020 - 2030 and 2040 - 2060 selective thinning and logging. Planting/Restocking Program Douglas fir and western Red Cedar throughout the thinned areas together with control for competing vegetation. This will be done to favor the better quality trees and maintain vigorous growth. Wildlife Habitat Enhancement Landowners'objectives are to conserve sods. protect water quality and wildlife habitat. TOTAL: 13 14 Must receive at least 7 points for a staff recommendation of approval RECOMMENDATION: APPROVAL *Site index indicates how tall (in feet) an average tree will grow in 50 years. Solomon OST2001 WHATCOM COUNTY OPEN SPACE CLASSIFICATION Property Owner: Maril Solomon Designation: Open Space Timber 423 Lilac Drive Transfer from: Designated Forestry Mount Vernon, WA. 98273 Parcel No.: 380429 - 035160, . 100160 Subarea: Lake Whatcom Acreage in OST: 21.58 acres Comp. Plan Desig.: Rural Forestry Road Access: Sheridan Trail Rd, north of North Shot Zoning Desig: RF Land Use: Forest Shorelines: Land use history: Forest Soil Type /Capabilities: #157 - Squalicum gravelly loam, 15-30% slopes, Site Index': 132 Limitations /Concems: Muddiness caused by sez #158 - Squalicum gravelly loam, 30-60% slopes, Site Index ": 132 40% lot coverage serial wetness. 60% lot coverage Limitations /Concems: Slope and hazard of erosion Timber Management Plan Completeness (0= incomplete; 1= Satisfactory; 2= thorough) Information Included : Points Max. Current Stand Description 2 2 Approximately 60 years old. Selectively logged +/ -25 years previous, now fully forested with Douglas fir, western Red Cedar. Hemlock, big leaf Maple and red Alder. Soils Description 2 2 Complete and accurate, both soil units typically used as woodland Forest Health As noted in TMP. Thinning Program Selective thinning 2002 - 2005 for <50% of stand Harvest Plan 2020 - 2030 and 2040 - 2060 selective thinning and logging. Planting/Restocking Program Douglas fir and western Red Cedar throughout the thinned areas together with control for competing vegetation. This will be done to favor the better quality trees and maintain vigorous growth. Wildlife Habitat Enhancement Landowners'objectives are to conserve sods. protect water quality and wildlife habitat. TOTAL: 13 14 Must receive at least 7 points for a staff recommendation of approval RECOMMENDATION: APPROVAL *Site index indicates how tall (in feet) an average tree will grow in 50 years. Timber Management Plan for Solomon Property Legal Description: The South half of the Northwest quarter of the Southwest quarter of Section 29, Township 38 North, Range 4 East of W.M., Situate in Whatcom County, Washington. Tax Parcel: 380429 035160 0000 380429 100160 0000 Landowner: Maril Solomon 423 Lilac Drive Mount Vernon, WA 98273 (360) 424 -2148 Plan Prepared to Maril Solomon Kenneth Birkel 423 Lilac Drive Mount Vernon, WA 98273 (360) 424 -2148 Plan Prepared: August 3, 2002 Page 1 of 5 FfPL EST PRACTICE BASE MAP T0WNS 38 N0RIH, RANG[ 04 EAST (W. M. ), SECTION 29 AICAT IO N I J I \ � I I \ 975 p I 6 )5a I / \ \ t I d t I \ G t \ I I I 6 362 OO \.�•l \ I \ fEEt I Mlk 1llm 111 MAPI DATE: ,ily 18, 2000 CONTOUR INTERVAL 40 Feet ,7 LEGEND: See Instruct 10& NAD 27 DISCLAIMER: See Leyen� water /wetlantls including their location and class y be incorrectly Oisplayetl prI of shown on the Base Map. Applicants are esponsi Cle for verification an[1 correction of 311 Streams. wetlands, and papal water courses. 1 li 1 Site Index *: Limitations/Concems: Timber Management Plan Information Included Site Index *: Limitations /Concerns: Completeness (0—incomplete; 1= satisfactory; 29homutdo Points Max. Current Stand Description Current stand description accurate, red Alder and Big Leaf Maple buffer California Creek and Douglas fir on the remainder of property Acreages are Stand #1 = 2.05 acres, Stand #2 = 7.0 acres. Soils Description Accurate for all ofproperty. Forest Health No specific problems presented, apart from blowdowns. Thinning Program Commercial thinning ofall deformed trees in Stand #2 in 2015, plus better formed trees to a spacing of 17'x 17' maximum. Stand #/ is dependent on State and County rules and regulations. Harvest Plan Final harvest for Stand #2 circa 2030. For Sland #1, current rules and regulations will possibly prohibit limber harvest in the near future. Planting/Restocking Program Reforest by planting 300 - 400 2' Douglas fir seedlings /acre Wildlife Habitat Enhancement Wildlife habitat and watershed provided for by good forest management. TOTAL: 14 14 Must receive at least 7 points for a staff recommendation of approval RECOMMENDATION: APPROVAL `Site index indicates how tall (in feet) an average tree will grow in 50 years. Tapley OST1001 WHATCOM COUNTY OPENSPACE CLASSIFICATION Property Owner: Judith Tapley Designation: Open Space Timber 3908 Holtzheimer Road Transfer from: OSAG Blaine, WA. 98230 Parcel No.: 400121 - 240235 Parcel Acreage: 11.05 acres Subarea: Birch Bay /Blaine Acreage in OST: 9.05 acres Comp. Plan Desig.: Rural Road Access: Holtzheimer Road Zoning Desig: R10A Land Use: Farmhouse and outbuildings Shoreline Des: Rural Land use history: Farm and woods Soil Type /Capabilities: #149 - Skipopa- Blainegate complex, 0.8°/ slopes Site Index *: Skipopa - 116 (Douglas fir) Site Index *: Blainegate - 116 (Douglas fir) 97 (red Alder) - 85 (red Alder) Limitations /Concerns: Muddiness caused by seasonal wetness, seedling mortality and hazard of windthrow. Site Index *: Limitations/Concems: Timber Management Plan Information Included Site Index *: Limitations /Concerns: Completeness (0—incomplete; 1= satisfactory; 29homutdo Points Max. Current Stand Description Current stand description accurate, red Alder and Big Leaf Maple buffer California Creek and Douglas fir on the remainder of property Acreages are Stand #1 = 2.05 acres, Stand #2 = 7.0 acres. Soils Description Accurate for all ofproperty. Forest Health No specific problems presented, apart from blowdowns. Thinning Program Commercial thinning ofall deformed trees in Stand #2 in 2015, plus better formed trees to a spacing of 17'x 17' maximum. Stand #/ is dependent on State and County rules and regulations. Harvest Plan Final harvest for Stand #2 circa 2030. For Sland #1, current rules and regulations will possibly prohibit limber harvest in the near future. Planting/Restocking Program Reforest by planting 300 - 400 2' Douglas fir seedlings /acre Wildlife Habitat Enhancement Wildlife habitat and watershed provided for by good forest management. TOTAL: 14 14 Must receive at least 7 points for a staff recommendation of approval RECOMMENDATION: APPROVAL `Site index indicates how tall (in feet) an average tree will grow in 50 years. \r7p7m 6f : . / \ § ` }w y� \\ r�r031Ia -A r%rnAMx.YrrKM For A Portion Of WHATCOM COUNTY PARCEL NUMBER or Tax Account Number 400121- 202204 -0000 11.05 Acres That Portion NE1 /4 SW I/4 lying Northeasterly of the Thread of Califormia Creek, less a 1 acre school site Section 21 Township 40 North, Range 1 East of the Willamette Meridian consisting of 9.05 Acres of Forest Land (plus a 2 acre homesite) Located At 3908 Holtzheimer Trail Road LANDOWNER JUDITH M. TAPLEY 3908 Holtzheimer Trail Road Blaine, WA. 98230 360 - 332 -5947 prepared by David N. Anderson Anderson Forestry Consultants 20105 Gina Marie Lane Burlington, WA. 98233 -5207 360 - 757 -0052 July 17, 2002 FOREST MANAGEMENT PLAN 'Fax Account Numbers Portion of 400121 - 202204 -0000 1 1.05 Acres Judith M. Tapley is the owner of 11.0 S acres of land described as follows: That portion of the NEI /4 SW 1/4 lying Northeasterly of the Thread of California Creek less a 1 acre school site and that portion of theS 1/2 SE I A SE 1/4 N W I /4 lying south of the Holtzheimer Trail Road all in Section 21, Township 40 North, Range I Fast of the Willamette Meridian, Whatcom County. This property has been in the family since 1960. There is 2 acre homesite and g, OS acres of forest land. 7 acres of the timber land had been managed for Christmas trees prior to 1985. Since 1985 the Christmas trees have been allowed to grow resulting in a Douglas fir stand that is 25 years of age. 2.05 acres is a Red Alder and Bigleaf Maple stand that is a buffer along California Creek. This Forest Management Plan is prepared for the Transfer of that portion of Tax Account Number 400121- 202204 -0000 (10.4 + /- Acres) as described above from the Open Space-Farm and Agricultural program ]RCW 38.34.020(2)] to Open Space - Timberland [RCW 84.34.020(3)]. This property is a portion of a larger tract (39.6 + /- acres) that was classified as Open Space -Farm & Ag in 1976. The property is located at 3908 Holtzheimer Trail Road. The current zoning is R10A (10 acre minimum lot size, or 1 homesite per 10 acres). The goal of the owner is to retain the integrity of the property by maintaining a stand of trees. This will provide for wildlife habitat, watershed management and recreational activities. The object is to provide for a future return on the investment through good forest management. The forested area is made up of 2 types, or stands, of timber as follows; Stand #l, 2.05 acres in size, consists of native Red Alder and Bigleaf Maple. This stand is a buffer along California Creek. This stand is fully stocked. The age of the stand is 50 years plus. Stand #2, 7. 0 acres in size, consists of an immature stand of Douglas Fir. This stand was planted for the purpose of raising Christmas trees. The Christmas trees were never harvested. The stand is fully stocked. The age of the stand is 25 years. 07 There is one (1) soil type on the property. Soil data is from the USDA SCS and Washington State DNR Soil Survey of Whatcom County Area, Washington. Road. I. SKIPOPA- BLAINEGATE COMPLEX, 0 to 8% slopes. The SCS soil number is 149. The 50 year site index for the Skipopa soil for Douglas Fir is 116 and for Red Alder it is 97. The 50 yew site index for the Blainegate soil for Red Alder is 85. This means that the average Douglas fir will grow to a height of 116 feet in 50 years. The Red Alder will grow to an average height of 97 feet in 50 years on the Skipopa soil, but only 85 feet in height on the Blainegate soil. These soils are poorly drained. This soil is stable in both a natural and a distributed state. There are 9.05 acres of forestland in this soil type. The site is accessed via Birch -Bay Lynden Road, Kickerville Road, and Holtzheimer Forest Management Recommendations are as follows: Stand #1 is an area of2.05acres of Red Alder and Bigleaf Maple. This stand lies along California Creek and is a natural buffer. Current Rules and Regulations will most Rely prohibit any timber harvest in the new future. Stand #2 is an immature stand of Douglas Fir, having 7.0 acres. This stand is 25 years of age. The diameter of the Douglas firs at 4 feet above stump height (13411) ranges from 8 to 16 inches. A few trees have blown down, most likely due to poorly drained soils. Any timber harvest should be done only during the `dry' season (July, August, September, & early October) to avoid damage to the soil. Consider a commercial thinning in about year 2015. Thin out all of the deformed trees. Thin the other better - formed trees to a spacing of about 17' by 17' maximum. Do not do any thinning during late March, April, May, or June to prevent excessive damage to the bark of the trees to be left for final harvest. This will leave about 150 trees per acre. Consider a final harvest about the year 2030. Reforest by planting 300 to 400 2 -0 Douglas Fir seedlings per acre during the first planting season after harvest. At some future date when the landowner chooses to do a timber harvest, it will be necessary to obtain an approved Forest Practice Application (FPA) as required by RCW 76.09 Forest Practices. This can be obtained from the Washington State Department of Natural Resources (DNR). Current Rules & Regulations may restrict timber harvest within the buffer along California Creek. The Northwest Region of the DNR is currently located at 919 North Township (Highway 9) in Sedro Woolley. Economics indicates that one needs to harvest timber at about age 50 to 55 or compound interest on ones' investment will exceed any money received. lz3 Creation of logging debris, or slash, within 100 feet of a public road or 500 feet ftom a home, barn, garage, etc. is classed as an Extreme Hazard as defined by RCW 76.04.660 and WAC 332 -24 -650. Any Extreme Hazard must be reduced, abated, or eliminated. The owner is allowed to harvest up to 5,000 board feet per year for his own use (not to be sold) without obtaining an approved FPA. Any timber harvested within the State of Washington pays a 5% Yield Tax at time of harvest. The Department of Revenue collects the Forest Excise Tax. At the completion of a timber harvest it will be necessary to reforest the land as required by RCW 76.09 and WAC 222 -34 Reforestation. It is recommended that the owner plant any harvested area during the first planting season following harvest. Plant 300 Douglas fir 2 -0 seedlings per acre. The planting season is normally January through April. However, for this area the planting season is late March to mid- April, which is after any possibility of the extreme Cold Northeast wind blowing. Tree seedlings are available from the Webster Nursery of the DNR that is located south of Olympia. The DNR at Sedro - Woolley will have current information regarding the purchase of tree seedlings. The planted seedlings will require monitoring for brush encroachment during the first 5 years, or until the planted seedlings are growing above any competition such as Salmonberry. Brush species can be controlled either by hand slashing (or cutting) or by the use of approved chemicals. If one uses chemicals, obtain information from the DNR or the County Extension Service for correct usage and dosage. If one uses the hand slashing method, then it is recommended that this practice be done only during the months of July and August to prevent the sprouting of the cut stumps. It is recommended that the owner consider hand fertilizing of any planted Douglas Fir seedlings after the fast growing season. Consider applying about 1 teaspoon (or about 0.01+ pounds per tree) of Urea fertilizer scattered around the base (4 to 8 inches from the seedling stem) of each planted seedling. The forest soils in Western Washington are Nitrogen deficient. This type of fertilizer application will last for 5 or more years. It is highly recommended that the owner obtain the services of a professional forestry consultant prior to any timber harvest and reforestation activity. The DNR office at Sedro - Woolley can supply the owner with a fist of professional forestry consultants. The consultant can assist the owner in obtaining an approved Forest Practice Application, finding a timber harvester, and reforesting the harvested area. It is also recommended that the owner have a professional forestry consultant do a detailed timber cruise and timber appraisal prior to any planned timber harvest. 03 The current zoning of this property is R10A, or one (1) homesite per 10 acres. It is possible that this could change in the future. If current zoning does change to allow more homesites, then the owner of record will withdraw the homesite acreage from the Open Space- Timberland Tax Program. The owner also understands that one must have 5.0 or more acres of forestland for the property to be classed as Open Space - Timber. The owner of record will pay any back taxes and /or penalties for any acreage withdrawn from the Open Space - Timberland Tax Program. It is the owner's responsibility to protect the area from fire. This property is assessed for the State Forest Fire Patrol. The owner's responsibility is accomplished by paying the State Forest Fire Patrol assessment each year. XOM SOIL & TIMBER TYPE MAP Homesite a,OAcres 1 L ` � \ 1 Ca\itorNa t: I � Type 2 DF3df2 (D4H 8 -- 16 ") Site II Site Index DF 116 & RA 97 Age 25 years Origin 1975 7,0-Acres JUDITH M. TAPLEY 3908 Holtzhehner Trail Road Blaine, WA 98230 360- 332 -5947 Whatcom County Tax Account Number: Portion of 400121-202204-0000 That portion NEIA S W IA lying Northeasterly of Thread of California Creek, less a 1 ame school site Section 21 Township 40 North Range I East, W.M., Whatcpn County Containing 11.05- Acres Scale 1" =-400' Type l RA3ma3 (134H 12' +) Site III Site Index RA 85 Age 60+ years Origin 1940 2.45Amzs iod Type SCS #149 Skipopa- Blainegate Complex 0 to 8% Slopes Site It & III Site Index DF 116 & RA 97 & 85 9.05 -Acres Note: D4H is the tree diameter at 4 feet above stump height At eKaej 1 acre, jes Fr R ki.A, °��5/02 Prepared By David N. Anderson Forestry Consultant 20105 Gina Marie Lane Burlington, WA 98233 -5207 360 - 757 -0052 July 17, 2002 Management Plans and Timetable 2002 -2005: Potential for commercial thinning for revenue and growth enhancement of remaining stand (harvest of less than 50% of the volume). The harvest operation would involve selective cable /shovel thinning methods in the steeper areas and those near the stream buffers, and selective ground based methods in other areas. Since the project will consist mainly of selective logging (thinning) there will not be much reforestation, however if some areas are more heavily logged they will be replanted with Douglas fir, cedar or a mixture of both. 2005.2010: Replanting of any heavily harvested areas. Allow natural reforestation of other areas. Potential need for control of competing vegetation. 2020 -2030: Potential for pre - commercial thinning to favor the better quality trees and to maintain vigorous growth of the stand. 2040 -2060: Potential for selective logging for revenue and growth enhancement of remaining stand. Page 5 of 5 Equipment and logs on the surface result in a high degree of compaction when the soil is moist and a moderate degree of puddling when the soil is wet. Carefully laying out roads and cable yarding paths, properly timing their use, and using cable systems that lift logs entirely off the ground can reduce the degree of compaction, puddling, and erosion. Seedling establishment is the main concern affecting timber production. Reforestation can be accomplished by planting Douglas fir or red alder seedlings. If seed trees are available, natural reforestation of harvested areas by red alder occurs readily. Forest Health Some big leaf maples show signs of disease. However, there are no major indicators of forest health problems. There are some fallen trees on the property. However, there are no large areas that have been affected by windthrow. There are not a lot of large stumps or snags on the property. It is believed that the area was burned 100 or so years ago. The property is within Whatcom County Fire District No. 4. Additional fire protection is provided by the Department of Natural Resources. Current Stand Description The site is completely forested except for the roadway area. The plant species composition of the forest is typical of a forest in Whatcom County. Woodland species on the property include Douglas fir, western red cedar, alder, big leaf maple and western hemlock. Understory species include Oregon grape, red huckelberry, western swordfern, western brackenfern, vine maple and salmonberry, among others. As noted above, the current stand has been estimated to be approximately 60 years old; with selective logging occurring about 25 years ago. According to a harvest plan prepared by a logging contractor last year, there are marketable quantities of cedar, alder, maple and fir. Wildlife Habitat There are no known threatened or endangered species present or relying on the property. However, there are deer and other wildlife in the area. As part of any harvest plan, the landowner will leave some dominant trees untouched that would provide good wildlife habitat and maintain adequate buffers around streams. Page 4 of 5 Each soil type accounts for about 50% of the property's total acreage 157 — Squalicum gravelly loam, 15 to 30 percent slopes: The Squalicum soil is a woodland soil. The native vegetation is mainly conifers and shrubs. This deep, moderately well drained soil is on foothills. It formed in a mixture of volcanic ash, loess, and slope alluvium over glacial till. Permeability is moderate in the upper part of the Squalicum soil and very slow in the dense glacial till. Available water capacity is high. The effective rooting depth is limited by a seasonal high water table. Runoff is slow, and the hazard of water erosion is slight. On the basis of a 100 -year site curve, the mean site index for Douglas fir is 176. On the basis of a 50 -year site curve, it is 132. The highest average growth rate in unmanaged, even -aged stands of Douglas fir is 187 cubic feet per acre per year, occurring at age 60. The main limitation affecting timber harvesting is the muddiness caused by seasonal wetness. The use of wheeled and tracked equipment when the soil is wet causes excessive rutting. Using low- pressure ground equipment can minimize damage to the soil. Logging roads require suitable surfacing for year -round use., Equipment and logs on the surface result in a high degree of compaction when the soil is moist and a moderate degree of puddling when the soil is wet. Carefully laying out roads and skid trails, properly timing their use, and using low- pressure ground equipment can reduce the degree of compaction and puddling. Seedling establishment is the main concern affecting timber production. Reforestation can be accomplished by planting Douglas fir or red alder seedlings. If seed trees are available, natural reforestation of harvested areas by red alder occurs readily. 158 — Squalicum gravelly loam, 30 to 60 percent slopes: The Squalicum soil is a woodland soil. The native vegetation is mainly conifers and shrubs. This deep, moderately well drained soil is on foothills. It formed in a mixture of volcanic ash, loess, and slope alluvium over glacial till. Permeability is moderate in the upper part of the Squalicum soil and very slow in the dense glacial till. Available water capacity is moderate or high. The effective rooting depth is limited by a seasonal high water table. Runoff is medium, and the hazard of water erosion is moderate. On the basis of a 100 -year site curve, the mean site index for Douglas fir is 176. On the basis of a 50 -year site curve, it is 132. The highest average growth rate in unmanaged, even -aged stands of Douglas fir is 187 cubic feet per acre per year, occurring at age 60. The main limitations affecting timber harvesting are the slope and the hazard of erosion. When timber is harvested, the slope restricts the use of wheeled and tracked skidding equipment. Cable yarding systems generally are safer and disturb the surface less extensively. Logging roads require suitable surfacing for year -round use. Page 3 of 5 Landowner Objectives The owner plans to continue managing the property for long -term timber production, while conserving soils and protecting water quality and wildlife habitat. Therefore, the owner will continue to promote the growth of a mixture of conifer and hardwood species for the sustainable production of harvestable timber. General Description of Property • The property was acquired by the current owner in 1991. • The property consists of 21.58 acres per that certain Record of Survey filed under Whatcom County Auditor's File No. 2011003710. Property dimensions are approximately 670 feet X 1400 feet. • The property is accessed by Sheridan Trail Road on an easement from North Shore Road. The site is bisected by a gravel road suitable for year -round use. • The Comprehensive Plan designation for the property is Rural Forestry. The property is located in the Lake Whatcom Subarea and is zoned Rural Forestry. The subject property is located in a small pocket of Rural Forestry land surrounded by Commercial Forestry land. The landowner's objectives are consistent with the property's current zoning and existing land uses in the area. • The property has no fish- bearing streams. There are two ephemeral, type 5 streams that converge near the south property boundary to form a type 4 stream. There is no indication of wetlands. • The property has sloping topography with several benched areas. It generally slopes to the south toward Lake Whatcom. Slopes range from 15% to 60 %. • The current stand of mixed conifer and hardwood species has been estimated to be approximately 60 years old. Selective logging occurred approximately 25 years ago. • The property is not being used for grazing. Soils Description Based on the Soil Survey of Whatcom County Area Washington (USDA), there are two soil types on the property: 157 — Squalicum gravelly loam, 15 to 30 percent slopes. 158 — Squalicum gravelly loam, 30 to 60 percent slopes. Page 2 of 5 \ � ' !k �( gill ;. , - -- - w e � - \ Z ^ ° /} q ENE .� $% \u [ I \ / § &L § 7 : ! � D |°! |� ! || ;. � | ; |! !,•` } §} §B. § p! ,Sig El I [( ,! �! { ) m K : o. SCOTT — — ALP x "T x422 y421 yv51 Ai 20 Do A WA 8 53 y a5+ I I IT XY55 Y2B'Y MOO 'A COxxS FOI< DLTML ^ ` SCE MAP No 05 callboye fi 2636 _ J]95'A ;..... 5 TANZER IESF=.,_\� ,,,o .,o. TAN xT Y% uIWS nz31 ylae yew 2155 -A $L55 -A A.J. LATHROP MARK So�OMoAI PRoPEtsTY 40-♦ WHATCOM COUNTY OPEN SPACE CLASSIFICATION Singleton OST2002 Property Owner: Eric Singleton /Coldwater Temple L Designation: Open Space Timber 5930 Bells Creek Road Transfer from: Continuance wrrMP Deming, WA. 98244 Parcel No.: 390521 - 465366 Parcel Acreage: 20 acres Subarea: Foothills Acreage in OST: 17.5 acres Comp. Plan Desig.: Rural Forestry Road Access: 1/2 mile north of Mt. Baker Hwy. Zoning Desig: RF Land Use: Residential and forest Shorelines: N/A Land use history: Forest Soil Type/Capabilities: #157- Squalicum gravelly loam, 15 - 30 % slopes Site Index ": 132 (Douglas fir) Limitations,'Concenu: Muddiness caused by seasonal wetness and seedling establishment. Site Index': Limitations /Concerns: Timber Management Plan Information Included Site Index*: Limitations/Concems: Completeness (0-incomplete; 13ansfactory; 2-thorough) Points Max. Current Stand Description 2 Western Red Cedar - 65 %, also Doug. Fir, Rigleaf Maple, red alder and birch. Selectively logged 20 years ago. Soils Description Specifically woodland soil. Forest Health No indication of insect or disease problem, owner is aware ofpossible competing rodent and vegetation problem if not addressed Thinning Program Competing understory vegetation and trees to be thinned 2003. Thin areas where second growth deciduous trees dominate. Replanted areas to be thinned circa 2015 - 2020 to I6'x 16'spacing.. Harvest Plan No set time frame due to youth afstand Planting/Restocking Program Plant thinned areas with western red Cedar, Soka spruce, hemlock, Douglas fir and Grand Fir. Wildlife Habitat Enhancement Fallen trees and snags to remain, low impact harvesting to minimize dturbance to existing habitat. TOTAL: 13 14 Must receive at least 7 points for a staff recommendation of approval RECOMMENDATION: APPROVAL *Site index indicates how tall (in feet) an average tree will grow in 50 years. A339 ( J6s IKF AG.& M00-A %335 1 20.00 A� TOWNSHIP 39 or DA ; x>I =� SWdLETON / ranGE Ykas COLaDWATER 5E TEMPLE LLG x 41Q Y23z F TH 7.36-A xY Y19 � Xa13 i y J�95 goo ix 11 x�1Z i� AGEN 5.11 -A J i0 -A �s•x. e.ou.a. T v e•Cwr a MAP N0. 0, SCALE r "=aoo' "em vc roes evr prtf• weec ELM .ax�u mne 'j�dn rr. rw „x,,, „, "� cecrlor nern x1 we. Born x 41Q Y23z F TH 7.36-A xY Y19 � Xa13 i y J�95 goo ix 11 x�1Z i� AGEN 5.11 -A J i0 -A �s•x. e.ou.a. T v e•Cwr a MAP N0. 0, SCALE r "=aoo' 61W4LEToN/CoLDWATF�: TEMPLE LLG �RoPERTY 124 j, �yY 5 /4r!y$pI'^,�+p Sgj.`Gry p"p yy $✓ s 9 of T imber Management Plan For Eric Singleton and Coldwater Temple, LLC, 5930 Bells Creek Rd. Deming, Washington 98244 (360) 201 -8oi6 Introduction Eric Singleton is the current owner, and Coldwater Temple LLC is the contract owner of the 20 acre parcel more fully described hereafter. The Assessor's tax parcel number is 3905214653660000. This parcel, hereinafter referred to as "Property", consists of 20 acres located on the Bells Creek logging road, to the north of milepost 18 on the Mt. Baker Hwy, within the N1 /2 of the SE1 /4 of the NE1 /4 of section 21, township 39 North, range 5 East. The property consists of 17.5 acres of woodland and 4.5 acres of improvements and home site. The topography is predominately south southeastern exposure with an average grade of 15- 2o %, rolling off at the bottom to a grade of 25 %, The property is at an approximate elevation between Soo' and 800' above MSL. The property is currently designated as forestry, though the classification no longer fits the property. The intent is to place l�.sacres into open space timber classification. This transfer in classification will occur in conjunction with / the transfer of ownership. The Property was divided from an 8o acre parcel in 1982. It currently is used as a residence and artist studio for woodcarving, utilizing the supply of exceptional quality wood. Previous to being divided, the land was utilized for timber growth only, with less care to the quality of the growth. The property is surrounded on two sides by residences and two sides by timberland. Objectives The primary goal of this Timber Management Plan (hereinafter TMP) is to improve the timber as a source of wood of unusual quality and dimension, especially of native species such as western red cedar, douglas fir, silver fir, western hemlock, sitka spruce, big leaf maple and birch. Coinciding with this goal is our intention to improve and sustain the soil and water resources and promote a balanced and diverse wildlife habitat. The secondary goal is to nurture a specialized forest product for the purposes of providing future income and increased estate value. Current Stand Description This 20 acre piece is comprised predominantly of western red cedar, approximately 65% of total trees. There is also bigleaf maple, alder, birch, douglas fir. In addition, there are 3 large blue spruce and 3 redwoods. The property was selectively logged 20 years ago when it was part of the 8o acre whole. This allowed for open areas where high density stands of alder and birch were allowed to take hold. The majority of the selective logging took place on the upper portion of the property. The lower portion of which is inhabited by western red cedar of approximately 80 -120 years in age. Soil Description Series 157- Squalicum gravely loam, 15 to 30 percent slopes. This deep, moderately well drained soil is on foothills. It is formed in a mixture of volcanic ash, loess, and slope alluvium over glacial till. The native vegetation is mainly conifers and shrubs. Elevation is 200' to 1500'. The average annual precipitation is about 45 ", the average annual air temperature is about 48 degrees Fahrenheit, the average frost free period is about 16o days. Typically, the surface is covered with a mat of needles, leaves, and twigs 1" thick. The surface layer is very dark grayish brown gravely loam 6" thick The upper 1o" of the subsoil is dark yellowish brown gravely loam. The lower 27" is olive brown gravely loam. Dense glacial till that crushes to gravely sandy loam is at a depth of 43 ". The depth to dense glacial till ranges from 40" to W. The dense glacial till is similar to a cemented pan. In some areas the surface is loam or gravely silt loam. In other areas the soil has 35 to 40 percent rock fragments in the subsoil, is more than 6o" deep to dense glacial till or bedrock, is 40" to 6o "deep over bedrock or sand and gravel, or has dominantly phyllite or sandstone rock fragments. Included in this unit are small areas of Nati, Chuckanut, Squires, Blethen, Everett, and Whatcom soils, small areas of Labounty soils in depressions, soils that are similar to the Squalicum soil but have a clayey substratum, and Squalicum soils that have slopes of more than 30 percent or less than 15 percent. Included areas make up about 15 percent of the total acreage. Permeability is moderate in the upper part of the Squalicum soil and very slow in the dense glacial till. Available water capacity is high. The effective rooting depth is limited by a seasonal high water table, which is at a depth of 3.5' to 5' from December through April. Runoff is slow, and the hazard of water erosion is slight. This unit is used as woodland. Douglas fir is the main woodland species. Among the trees of limited extent are western hemlock, red alder, western red cedar, and bigleaf maple. The common understory plants are oregongrape, red huckleberry, western swordfern, vine maple, western brackenfern, salmonberry, and willow. On the basis of a ioo -year site curve, the mean site index for douglas fir is 176. On the basis of a 5o -year site curve, it is 132. The highest average growth rate in unmanaged, even -aged stands of douglas fir is 187 cubic feet per acre per year, occurring at age 60. The main limitation affecting timber harvesting is the muddiness caused by seasonal wetness. The use of wheeled or tracked equipment when the soil is wet causes excessive rutting. Using low- pressure ground equipment can minimize damage to the soil. Unsurfaced roads are soft when wet and are subject to deep rutting during rainy periods. Logging roads require suitable surfacing for year round use. Rock for road construction is not readily available. Cut and fill slopes tend to slump when wet. Equipment and logs on the surface result in a high degree of compaction when the soil is moist and a moderate degree of puddling when the soil is wet. Carefully laying out roads and skid trails, properly timing their use, and using low pressure ground equipment can reduce the degree of compaction and puddling. Steep skid trails and firebreaks are subject to riling and gullying unless adequate water bars are provided or a protective plant cover is established. Seedling establishment is the main concern affecting timber production. Reforestation can be accomplished by planting douglas fir or red alder seedlings. If seed trees are available, natural reforestation of cutover areas by red alder occurs readily. When openings are made in the canopy, the uncontrolled invasion and growth of competing plants can prevent the establishment of seedlings. Completing vegetation can be controlled by mechanical and chemical means. This map unit is in capability subclass IVe. Forest Health There is no indication of insect or disease problems. A great risk to seedlings are mice, voles, rabbits. Protective tubes will be used on the smaller seedlings. Competing undergrowth also needs to be controlled by hand slashing and mulching to assure viability of the seedlings. The property is located in fire district #14. Thinning Program The thinning program will be focused on developing the current stands to their optimal spacing depending on their size and age. This will be accomplished by removing any poorly formed, crowded, or diseased trees first. Standing dead will be left for wildlife habitat unless safety dictates otherwise, or if there is obviously no wildlife utilization. Thinning will commence though the summer of 2003, taking the shrub and understory trees to at least a 6' spacing. A second round of thinning is expected in io years. Field observations will dictate future thinning practices and they will be considered an ongoing program. Thinned trees will be sold or used as firewood and the smaller branches and trees chipped for use as mulch and ground covering. This local supply will facilitate the viability of planted seedlings. Harvest Plan The ultimate goal of this TMP is to provide a source of large, quality, native wood for specialty markets such as furniture making and artists. Large trees are becoming rarer in today's world and are anticipated to become increasingly so. As these trees mature, so will the desire for them within this specialty market. The intent is to harvest them when these interests converge, or when individual trees have reached their prime value. There will not be a set harvest date, as the flexibility facilitates meeting market demands in the long term future. All wood products will be promoted for local use. Planting and Restocking Program The current goal is to thin areas where second growth deciduous trees dominate, then planting them with conifers to increase species diversity and quality of wood. The desired species of conifers include Western Red Cedar, Sitka Spruce, Western Hemlock, and Douglas and Grand Fir. Hand slashing and wood chips will be used to control invading and competing vegetation such as blackberries. All seedlings will be protected with 18" tree shelters. Invasive vegetation will be controlled using hand slashing and mulch until the trees are approximately 4 to 5 years old, or until they are well established. These replanted areas will be thinned at 15 to 25 years to a r6' minimum spacing. Species and spacing will be altered depending on the performance of the current stand. The natural mortality rate and approximate size of the canopy will be taken into account during the ongoing replanting efforts. Wildlife Habitat Enhancements The increased species diversity of conifers will further encourage wildlife habitat. Standing dead and snags will be left in -situ for the benefit of the various bird species that occupy the valley, such as Red Tail Hawk, Pileated Woodpeckers, and owls. An appropriate amount of fallen trees will be left on the ground to provide habitat for ground dwelling creatures, promoting a well balanced and healthy ecosystem. Harvesting will be done with low impact techniques to minimize disturbance to existing habitat. This parcel of land has high species diversification. Such animals as bobcat, black bear, coyote, mountain lion, deer, pheasants, grouse, etc. occupy the area. Low impact harvesting techniques will be of upmost importance so as to not affect this ecological balance. Sand OST2002 WHATCOM COUNTY OPEN SPACE CLASSIFICATION Property Owner: John Sand Designation: Open Space Timber 4191 Loomis Trail Road Transfer from: N/A Blaine, WA. 98230 Parcel No.: 400111 - 449385 Parcel Acreage: 6.7 acres Subarea: Birch Bay /Blaine Acreage in OST: 5.7 acres Comp. Plan Desig.: Rural Road Access: 318 mile north of Haynie Rd. on W. 29 Zoning Desig: R10A Land Use: Rural residential Shorelines: N/A Land use history: Wooded, single family residential Soil Type/Capabilities: #179 - Whatcom silt loam, 3 -8% slopes, prime ag. soil - 100% lot coverage Site Index *: 116 (Douglas fir) Limitations /Concems: Muddiness caused by seasonal wetness Site Index*: Site Index': Limitations /Concems: Limitations /Concems: Timber Management Plan Completeness (0-incomplete; 1= satisfactory, 2= thorough) Information Included :- Points Max Current Stand Description 2 2 This is an existing 1976177 0ST stand. The stand has been harvested during the pail ten years, reforesting back to Red Alder, Black Cottonwood and Big Leaf Maple interspersed w/ Western Red Cedar and Hemlock. Soils Description 2 2 Whalcom sill loam is used mainly far hay, pasture, woodland and homesites Forest Health 1 2 No mention, presently this is a young stand in apparent good health. Thinning Program 2 2 Thin the existing hardwoods to an average spacing of 12'x 12', commercial thinning in year 2030 to spacing of 17'x 17'(150 stems lane). Harvest Plan 2 2 Final harvest circa 2050. Planting/Restocking Program 2 2 Recommendation for planting Douglas firefter final harvesting with minimum of 300 trees per acre. Wildlife Habitat Enhancement 1 2 Maintaining woodland with good forest management wilt provide wildlife habitat. TOTAL: 12 14 Must receive at least 7 points for a staff recommendation of approval RECOMMENDATION: APPROVAL *Site index indicates how tall (in feet) an average tree will grow in 50 years. 2 Q C) ® rt K 388 X 4 2y x 955 006` ,% t 5o`l y V498 yHae 5 - - -�_ KO L_ ESK/ 4,91-A 4914 x 35+ 4.89_A 4.90'A 'C Z o h1.44-Al SHORT PLAT ja�R w = 5 w X4?'{ x 455 �4 y 433 Y 433 O.4 2 93- I 1 16.15-A qSHORTPLA 0493'A ® I 4.79 A, mz ;� 0 O3, f,l T I�x iiai 3 zsuoOP "1 5 II 1 O C 3.61-A y3o MA IE PL' SHORT PLA q 1.90 -A 2.92'A1 A B I x423 x4 CECE IA 17L6, I >$% x2"11 B9- 4.B6-A 4 >0 ' 9]S SHORT LA 1 L 10-A 1.69 -4 1.34 2. 86-A © 104 -q DE YOM G DEYWNG •� jz95w .. I �¢ord dV. o¢n�tsvn Forestry Consultant 20105 Gina Marie Lane Burlington, WA 98233 -5207 3607570052 To: ELIZIBETH OLSON, Whatcom County Planning Staff From: David N. Anderson Date. August 15, 2002 Subject: Forest Management Plan Attached find a new Forest Management Plan that I prepared for Whatcom county Tax Account Number 400111- 449385 -0000 containing a total of 6.7 acres of which 5.7 acres has been classed as Open Space — Timber since May 1, 1976. This plan is written as a Continuance for the 5.7 acres of forestland classed as Open Space — Timber. The current owner, Joseph M. Slevm, is selling the property to John Sand. Mr. Sand has a copy of this new plan. Mr. Edward Hanley, the Sellers agent for the sale has requested that I hand this to you. If you have any questions, please feel to contact me. CC: Mr. Edward Hanley FOREST MANAGEMENT PLAN For WHATCOM COUNTY PARCEL NUMBER or Tax Account Number 400111- 449385 -0000 6.70 + /- Acres Lot 4 Young's Short Plat as recorded in Book 4 Short Plat Page 30 Section 11 Township 40 North, Range 1 East of the Willamette Meridian Consisting of 5.7 +/- Acres of Forest Land (Plus a 1.0 +/- acre homesite) Located At 9185 West 29" Drive CURRENT LANDOWNER JOSEPH M -SLENIN 295 Marine Drive Blaine, WA. 98230 -4001 NEW LANDOWNER John Sand 4191 Loomis Trail Road Blaine, WA 98230 Prepared by David N. Anderson Anderson Forestry Consultants 20105 Gina Marie Lane Burlington, WA. 98233 -5207 360 - 757 -0052 August 15, 2002 FOREST MANAGEMENT PLAN Tax Account Numbers Portion of400111- 449385 -0000 6.7 +/- Acres Joseph M. Slevin is the owner of 6.7 +/- acres of land described as follows: Lot 4 Young's Short Plat as recorded in Book 4 Short Plat Page 30 all in Section 11, Township 40 North, Range 1 East of the Willamette Meridian, Whatcom County. This property has been in the family since 1980. There is a 1.0 +/- acre homesite and 5.7 +/- acres of forestland. The timber on the 5.7 +/- acres of the forestland was harvested during the last 10 years. The area is currently stocked with native Red Alder, Black Cottonwood, and Big Leaf Maple with a few scattered older Western Hemlock and Western Red Cedar trees. This Forest Management Plan is prepared for the continuance of that portion of Tax Account Number 400111- 449385 -0000 (5.7 +/- Acres) classified as Timber lands under the Open Space - Timberland JRCW 84.34.020(3)] tax program. These 5.7 +/- acres of Lot 4 Young's Short Plat has been classed as Open Space - Timberland since May 1, 1976. The property is located at 9185 West 291" Drive off of Haynie Road. The current zoning is RIOA (10 acre minimum lot size, or 1 homesite per 10 acres). The goal of the owner is to retain the integrity of the property by maintaining a stand of trees. This will provide for wildlife habitat, watershed management and recreational activities. The object is to provide for a future return on the investment through good forest management. The forested area is made up of 1 type, or stand, of timber as follows; Stand #1, 5.7 +/- acres in size, consists of native Red Alder, Black Cottonwood, and Bigleaf Maple with a few scattered older Western Hemlock and Western Red Cedar trees. This stand is fully stocked, having in excess of 190 surviving stems per acre of commercial trees species. The age of the stand is 5 years. There is one (1) soil type on the property. Soil data is from the USDA SCS and Washington State DNR Soil Survey of Whatcom County Area, Washington. 1. WHATCOM SILT LOAM, 3 to 8% slopes. The SCS soil number is 179. The DNR soil number is 9090. The 50 year site index for Douglas Fir is 116. This means that the average Douglas fir will grow to a height of 116 feet in 50 years. These soils are moderately well drained. This soil is stable in both a natural and a distributed state. There are 5.7 +/- acres of famstland in this soil type. The site is accessed via Birch -Bay Lynden Road, Custer School Road, Haynie Road, and West 29" Drive. Forest Management Recommendations are as follows: Stand #1 is an area of 5.7 +/- acres of Red Alder, Black Cottonwood, and Bigleaf Maple with some scattered larger & older Western Hemlock and Western Red Cedar trees. This area was harvested during the past 10 years. The area has reforested naturally to native hardwoods (Red Alder, Black Cottonwood, and Big Leaf Maple). These native hardwoods are commercial species. This stand ties north and west of the homesite. It is recommended that the owner thin the hardwood species to an average spacing between leave trees of 12' X 12'. This will leave an average of 300 well- distributed commercial species per acre. This practice is known as non - commercial or pre - commercial thinning. This thinning of a young hardwood stand should only be done during the month of August to prevent sprouting of the cut stumps. The current old skid trails should have the brush species (Blackberry, Willow) cut which will aid in accessing the stand. When the stand reaches age 30 (year 2030), consider a commercial thinning of the stand. Select the best- shaped and largest trees to be the crop or leave trees for the final harvest. Thin to a spacing of about 17' X 17' (150 stems per acre). Do a final harvest at age 50 to 55 years of age (year 2050). Reforest with native tree species. It is recommended that one plant Douglas Fir seedlings at this time. Plant a minimum of 300 trees per acre. It is recommended that one restrict any future harvest activities to the dryer months to prevent soil damage. This soil could be damaged if machinery is operated during the wet period of the year. At some future date when the landowner chooses to do a timber harvest, it will be necessary to obtain an approved Forest Practice Application (FPA) as required by RCW 76.09 Forest Practices. This can be obtained from the Washington State Department of Natural Resources (DNR). The Northwest Region of the DNR is currently located at 919 North Township (Highway 9) in Sedro Woolley. Economics indicates that one needs to harvest timber at about age 50 to 55 or compound interest on ones' investment will exceed any money received. Creation of logging debris, or slash, within 100 feet of a public road or 500 feet from a home, bam, garage, etc. is classed as an Extreme Hazard as defined by RCW 76.04.660 and WAC 332 -24 -650, Any Extreme Hazard must be reduced, abated, or etwartated. "rhe owner is allowed to harvest up to 5,000 board feet per year for his own use (not to be sold) without obtaining an approved EPA. Any timber harvested within the State of Washington pays a 5% Yield Tax at time of harvest. The Department of Revenue collects the Forest Excise Tax. At the completion of a timber harvest it will be necessary to reforest the land as required by RCW 76.09 and WAC 222 -34 Reforestation. It is recommended that the owner plant any harvested area during the first planting season following harvest. Plant a minimum of 300 Douglas fit 2 -0 seedlings per acre. The planting season is normally January through April. However, for this area the planting season is late March to mid- April, which is after any possibility of the extreme Cold Northeast wind blowing. Tree seedlings are available from the Webster Nursery of the DNR that is located south of Olympia. The DNR at Sedro - Woolley will have current information regarding the purchase of tree seedlings. The planted seedlings will require monitoring for brush encroachment during the first 5 years, or until the planted seedlings are growing above any competition such as Salmonberry. Brush species can be controlled either by hand slashing (or cutting) or by the use of approved chemicals. If one uses chemicals, obtain information from the DNR or the County Extension Service for correct usage and dosage. If one uses the hand slashing method, then it is recommended that this practice be done only during the month of August to prevent the sprouting of the cut stumps. It is recommended that the owner consider hand fertilizing of any planted Douglas Fir seedlings after the first growing season. Consider applying about 1 teaspoon (or about 0.01+ pounds per tree) of Urea fertilizer scattered around the base (4 to 8 inches from the seedling stem) of each planted seedling. The forest soils in Western Washington are Nitrogen deficient. This type of fertilizer application will last for 5 or more years. It is highly recommended that the owner obtain the services of a professional forestry consultant prior to any timber harvest and reforestation activity. The DNR office at Sedro - Woolley can supply the owner with a list of professional forestry consultants. The consultant can assist the owner in obtaining an approved Forest Practice Application, finding a timber harvester, and reforesting the harvested area. It is also recommended that the owner have a professional forestry consultant do a detailed timber cruise and timber appraisal prior to any planned timber harvest. The current zoning of this property is R10A, or one (1) homesite per 10 acres. It is possible that this could change in the future. If current zoning does change to allow more homesites, then the owner of record will withdraw the homesite acreage from the Open Space - Timberland Tax Program. The owner also understands that one must have 5.0 or more acres of contiguous forestland for the property to be classed as Open Space - Timber. The owner of record will pay any back taxes and /or penalties for any acreage withdrawn from the Open Space - Timberland Tax Program. It is the owner's responsibility to protect the area from fire. This Property is assessed for the State Forest Fire Patrol. The owner's responsibility is accomplished by paying the State Forest Fire Patrol assessment each year. Page SOIL & TIMBER TYPE MAP Type I —RA I bcl ma I (D4H Ito 5 ") Site II Site Index DF 116 Age 5 + years Origin 2000 5.7 +/- Acres Sal Type SCS 9179 �\ -��sae x DNR 119090 '-- Whatcotn Silt Loam u 3 to 8% Slopes Site 11 a Site Index DF 116 5.7 +/- Acres 3 Current Owner Joseph M. Slevin New Owner John Sand Whatcom County Tax Account Number: Portion of 400111-449385-0000 Lot 4 Young's Short Plat as recorded in Book 4 Short Plat Page 30 Section 11 Township 40 North Range 1 East, W.M., Whatcom County Containing 6.7 +/- Acres (Less a 1.0 acre homesite) Scale I" =-400' Homesite 1.0 +/_ Acre Haynie Road - - -_ �I z Note: D4H is the tree diameter at 4 feet above stump height 8I y U U a aao -��sae x mat Prepared By David N. Anderson Forestry Consultant 20105 Gina Marie Lane Burlington, WA 98233 -5207 360- 757 -0052 August 15, 2002 RECORD OF PROCEEDINGS OF THE 1 WHATCOM COUNTY PLANNING COMMISSION Regular Meeting September 12, 2002 Call To Order: The meeting was called to order in the Planning Library, 5280 Northwest Drive, Suite A, Bellingham at 6:35 p.m. Roll Call: Bob Wiesen, Geoff Menzies, Ron Roosma, Dick Gilds, Danna Beech, and David Hunter. Staff Present: Hal Hart, Sylvia Goodwin, Elizabeth Olsen, and Becky Garvey. Approval of Minutes of the August 29, 2002 meeting. Roosma: On page six Dave Pros made the statement that if we didn't go along with the proposal we would be responsible for children being killed on the streets. That did not get in the minutes, so I would like it added. Beech moved to approve the minutes with Roosma's addition. Wiesen seconded. Motion carried. Directors Dialog Hart: There will be a TDR presentation tomorrow in the County Council chambers. Here are the final PDR target areas. These areas were put together by the Agricultural Protection Committee. If you would like more information Kraig Olason can give you a presentation. Some areas were taken out as we negotiate these areas with Lynden. We have until March to work with the City of Lynden on these areas. We might tie PDR and TDR together. Gilda: Can people petition to be involved in this? Hart: Yes. The issue is how much money is there to go around. These areas are large parcels and most at risk for development. Elizabeth Olsen is our Lummi Island planner. If you would like to see what the Lummi Island Committee is doing you can go to their website, which is www.groups.yahoo.com. You can get their minutes. I am pushing for the county website to be more interactive. I met with the county webmaster to make this happen. We have the preliminary survey results back. We mailed to approximately 1200 residents and had over 500 returned. Olsen: The Lummi Island Steering Committee would welcome anyone to go to the island and ask questions and look around. There is a farmers market on Saturday mornings. Hart: The Bicycle Advisory Committee met with the Point Roberts Economic Development group. They want to do a lot of bike trails at Pt. Roberts. In the Comprehensive Plan for that area they have trail policies. Another new development is an equestrian center. This would be in the middle of where one of the trails would be. By having these policies in the Comprehensive Plan we can negotiate with the owners to have horse trails leading out of that center into other areas of Pt. Roberts. Permit numbers remain really strong for August. We took in a lot of single family home permits. We were only able to process 54 of the 90 that came in. The permit value for the first eight months of this year exceeds all of last year. We are at $73 million in permit values for single family homes. We have only $12 million for commercial. We hope to see more commercial since this is what pays the taxes. Bechtel Engineering is working with us in development of the BP generation site. We are also working with Great Western Lumber Company on automation of their plant. They want to have a log sorter that goes over the road. RECORD OF PROCEEDINGS OF THE 2 WHATCOM COUNTY PLANNING COMMISSION Regular Meeting September 12, 2002 Public Hearings Open Space Applications Elizabeth Olsen presented the staff reports. Solomon (Birkel) 380429 — 0351607 - 100160 Y mile north of North Shore Road, 20 acres. Olsen: The reason this parcel has been applied for is that it was designated forestry with the possibility of a building site on it. It is basically an undeveloped parcel of land far up from Northshore Drive. I inspected the property and the timber management plan is accurate. The application gets a recommendation of approval. Wiesen: The stand is 60 years old but you aren't going to harvest until 2020? Olsen: The timber that is the oldest will be selectively cleared in the thinning process and they will be replanting. Beech moved to accept staffs recommendation of approval. Menzies seconded. Motion carried. Trillium Corp /Foxglove LLC 380323 — 3150663 - 366066, - 363470, - 430470, - 4944703 - 430340, - 360340, - 298340, - 252406 in the vicinity of 1890 North Shore Road, +/- 200 acres. Olsen: You may be confused by this to the point that Trillium is selling the land to the City of Bellingham. The situation of transferring to open space has to be done prior to the City buying the land from Trillium. The land will go into open space under Trillium's name and then the City will buy it under the open space designation. Beech: Is this a legal issue? Olsen: Yes. Neither Trillium or the City could be here tonight. There will be a trailhead built on Northshore Drive. I don't know what they plan to do as far as making trails or public access. Wiesen: Whose responsibility is that? Olsen: The City. Gilda: Why does this have to be changed now? Why can't the city do it? Olsen: Because of the back taxes. Wiesen: I would like to see it stay in timber. Olsen: Putting this in open space would preserve 200 acres from development. Beech: They could later take it out and develop it. We aren't saving anything. Gilda: There is no plan saying what is going to be done with the property. Beech moved to defer to October 1 0'" for more information. Roosma seconded. Motion carried. RECORD OF PROCEEDINGS OF THE 3 WHATCOM COUNTY PLANNING COMMISSION Regular Meeting September 12, 2002 Judith Tapley 400121. 202204, 3908 Holtzheimer Trail Rd., 10.4 + /- acres. Olsen: David Anderson has done a good timber management plan. The original parcel was a nominal 40 acres. The owners are deceased and the inheritors have divided the land. There is two acres with the house and outbuildings, which leaves 9.05 in timber. The stand is an overgrown Christmas tree farm. The trees are in good condition. Menzies moved to accept the staff recommendation of approval. Roosma seconded. Motion carried. Eric Singleton /Coldwater Temple LLC - 390521- 465366, 5930 Bells Cr. Road, 10 acres. Olsen: The timber management plan is correct except for the soils map. It does have good timber. This is a continuance from the 1970's when there was no timber management plans required. Whenever there is a change of ownership we have them do a plan. That is why this is being reviewed. Gilda moved to accept staff's recommendation of approval. Beech seconded. Motion carried. John Sand 400111 - 449385 9185 W. 29 Drive, Y4 mile north of Haynie Road, 5.7 acres. Olsen: This is also a continuation from the 1970's and we are now required a timber management plan. The property is for sale. Joseph Slevin owns the land and John Sand has shown interest in buying it. Whether the sale goes through or not is beside the point. David Anderson did the plan which is accurate. Gilda: Let the person bring it back after they buy it. What if the new buyer wants to do something different? Menzies: We aren't changing the designation. It's already in open space. Beech moved to defer to October 10th. Roosma seconded. Motion carried. Rich Emerson, BIAW: The joint City /County Lake Whatcom meeting, being held tonight, had a change of location which no one was informed of. Regarding the last Planning Commission meeting on Lake Samish I am curious of how a vote of three for and four against the downzone could change to 7 -1 with the provision that there is a TDR program that accompany the downzone. We have a TDR program already that does not work. We, as the Building Industry Association, intend to deal with the downzone at Lake Samish the same way we did with the downzone at Lake Whatcom. They are the same thing. Beech: We only had a few people testify that they didn't like the downzone. There was almost 100 who did support it. This was one of the factors looked at. Emerson: We lost track of this but it doesn't change whether it's right or wrong. It deserves a better hearing. We intend to take advantage of whatever procedures we can to make sure the decision you made was prudent. I would like you to think about the effort put forth by city and county government in the last two years. We seem to have gotten adept at preventing things from happening around the lakes. The BIAW is for clean drinking water too. Now there has been a provision to protect agricultural land. At what are the Planning Commission and local government going to look at making things happen so we can accommodate the population that is coming so rapidly? It can't be ignored. What the county has done is to allow farmers to be the master of their own destinies in deciding how they will be compensated for their land of they sell the development rights. People who own land in the Lake Whatcom watershed don't have this right. They have been dictated to as to how they will divide and sell their land. It is inconsistent. The people involved need to be brought into the process early. RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION October 10. 2002 Call To Order: The meeting was called to order in the Planning Library, 5280 Northwest Drive, Suite A, Bellingham at 6:35 p.m. Roll Call: Bob Wiesen, Geoff Menzies, Ron Roosma, Danna Beech, At Schreiber, Dave Pros, John Steensma and David Hunter. Staff Present: Hal Hart, Sylvia Goodwin, Elizabeth Olsen, Matt Aamot, and Becky Garvey. Approval of minutes of the September 12, 2002 meeting. Beech moved to approve the minutes as written. Dave Pros seconded. Motion carried. Director's Dialog Hart: I have a handout for you showing the permits issued through September. For September we doubled last years total. Manufactured home permits have been very high also. For the 2002 budget the largest single item is the Tidemark computer permit system. We will tie in the Health Department by the end of 2003. We have a seasonal land clearing group working on the Lake Whatcom issues. Before the issue comes to the Planning Commission we are trying to get a broad base consensus on some of the issues such as whom it applies to and where and when it applies. Also the feasibility of it. We don't want to have to hire additional personnel. It would also apply to Drayton Harbor. Regarding the City of Lynden and the PDR issue we would like to have negotiations wrapped up before March. We will be appointing a committee to look at the target areas. Ron Roosma in attendance at 6:38 p.m. Wiesen: You mentioned manufactured homes and I have talked to people setting them up who say the rules have changed regarding set -up. Why the change? Hart: There was a statewide code change. Wiesen: Another issue is now it appears that codes don't allow the use of salvaged lumber unless the grade stamp is still on it. Hart: I'm not sure about that. Roosma: I've been told people are being made to put in wetlands where none have existed before. Hart: To the untrained eye it may appear there is no wetland, but you also have to look at the soil and hydrology. Maybe before agricultural use there were wetlands. Public Hearings Open Space Timber Application: Continuation of a tabled application from John Sand /Joseph Slevin: 400111 - 449385 9185 W. 29 Drive, Y. mile north of Haynie Road, 5.7 acres. RECORD OF PROCEEDINGS OF THE 2 WHATCOM COUNTY PLANNING COMMISSION Regular Meeting October 10, 2002 Elizabeth Olsen presented the staff report. The issue at the previous meeting was the property being sold from Slevin to Sand. The sale has now been completed. This is a new Timber Management Plan which is required with a change of ownership. The acreage in open space will be 5.7 acres. Beech moved to accept staffs recommendation of approval. Menzies seconded. Motion carried. Open Space /Open Space Application: Continuation of a tabled application from Trillium Corp /Foxglove: LLC 380323 — 315066, - 366066, - 363470, - 430470, - 494470, - 430340, - 360340, - 298340, - 252406 in the vicinity of 1890 North Shore Road, +/- 200 acres. Elizabeth Olsen presented the staff report. This parcel was in the process of being purchase by the City of Bellingham. John Syre, Trillium Corporation, 2202 Teal Court, Bellingham: We had planned on doing a lower density development on the property. There are 40 water shares for the property. Then the moratorium was put into effect. We then felt it would be better to sell the property to the City of Bellingham to protect the watershed. During that process it was necessary to put it into Open Space /Open Space. This particular property has limited access. I talked to the City regarding the access and we concluded the best access would be from the northwest. Olsen: The property is classified designated forest. Wiesen: Does this give them a tax advantage? Olsen: This is a commercial timber designation from the DNR. Wiesen: Is there any tax consequence to Trillium because there won't be a harvest? Syre: Yes. Since we have sold the property there will be seven years back taxes due. If the property is kept in the current designation and sold back taxes will be due. Beech: If the designation is changed you would be penalized. Syre: There is no commercial timber on property. Pros: Can a person who doesn't own property change the designation? Olsen: Yes, during the transfer of ownership the change of designation happens. Pros: Is there precedence for this? Olsen: This has been done in the past. Hunter: If the city wants to change the designation they should put in an application. Wiesen: The problem is the city is coming outside their limits and buying land. This is classified as viable timberland. RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION October 10, 2002 Syre: We won't be able to harvest this land. It has critical areas and no viable timber. We applied for this before the sale took place and the city wants this. Pros: Is there liability for Planning Commission since this process started when Trillium still owned the property? Hunter: I'm not concerned about liability because they didn't send anyone to represent themselves. Beech moved for denial, Hunter seconded. Syre: We are doing this for the benefit of the community. We are not able to put it into a designation that further protects it. I am going to have to pay taxes on this parcel that I was going to work as timberland. I did not develop. I sold it to the city with idea it will stay in open space. Goodwin: Would you consider an amended application? They could add the city to the application. Beech: I restate my motion and move to table the application, pending an amendment adding the city, and review it at our next meeting. Motion carried. File # ZON2002 -00009 — An application of William S. Tetsch to rezone approximately 12.30 acres from Rural one dwelling /ten acres (R10A) to Rural one dwelling /five acres (R5A). The site is located at 8443 Kickerville Rd. at the southwest corner of Loomis Trail Rd. and Kickerville Rd. (Assessor's parcel # 400120 493489). Matt Aamot presented the staff report. The site is at the southwest corner of Kickerville and Loomis Trail Roads. The area is rural in character. There is a golf course to the northwest, the zoning to the south is R10A, zoning to the north is RSA, and to the west is the Urban Growth Area. The site contains five critical areas. The first is a shellfish habitat conservation area. There is a wetland with a 100 foot buffer. At the southern boundary is California Creek and a small tributary. They contain Coho and trout. The Whatcom County Comprehensive Plan designates the site rural. This designation encourages ten acre development. However since the adoption of the Comprehensive Plan in 1997 about 650 acres have been rezoned from R10A to R5A bringing the total amount of R5A zoning to over 81,000 acres. Staff is concerned that the cumulative effect of multiple rezones is undermining the language in the Comprehensive Plan that encourages 10 acre development in rural areas. The R5A zoning constitutes about 70% of the zoning in the rural area. There must be changed conditions in order to approve a rezone. The application indicates a need for rural lots of less than 10 acres and greater than five acres for medium to high income housing. There are over 24,000 acres of R5A in the northwest portion of the county that could accommodate about 3,200 more dwelling units. In the Birch Bay /Blaine subarea there are about 6,000 acres zoned R5A that could accommodate approximately 850 dwelling units. The applicant also stated there was concern about providing utilities to the site. Staff does not find there are changed conditions and recommends denial. Pros: Wouldn't this be spot rezone? Aamot: The criteria for spot zoning says it has to be totally different from the surrounding zoning. This property is adjacent to R5A zoning. The Public Hearing was opened. William Tetsch, 8443 Kickerville Road: The reason for the application is we want to get water to RECORD OF PROCEEDINGS OF THE 1 WHATCOM COUNTY PLANNING COMMISSION Regular Meeting October 24, 2002 l i Call To Order: The meeting was called to order in the Whatcom County Council Chambers, 311 Grand Avenue, Bellingham at 6:45 p.m. Roll Call: Bob Wiesen, Geoff Menzies, Ron Roosma, Danna Beech, Al Schreiber, Dave Pros, John Steensma, Dick Gilda, and David Hunter. Staff Present: Hal Hart, Sylvia Goodwin, Amy Pederson, Elizabeth Olsen, Kurt Baumgarten, and Becky Garney. Approval of minutes of the October 10, 2002 meeting. Pros moved to approve the minutes as written. Menzies seconded. Motion carried. Open Space /Open Space Application: Continuation of a tabled application from the City of Bellingham (Formerly from Trillium Corp /Foxglove: LLC) 380323 — 315066, - 366066, - 363470, - 430470, - 494470, - 430340, - 360340, - 298340, - 252406 in the vicinity of 1890 North Shore Road, +/- 200 acres. Olsen: An application has now been put in by the City of Bellingham. Are there any questions on the ratings sheet? Wiesen: Is there public access for the adjoining parcel? Olsen: It doesn't need public access, it's a Commercial Designation. Beech moved to accept staff's recommendation for approval. Pros second. Motion carried. PUBLIC HEARING File #ZON2002- 00004: To consider permanent amendments to the official Whatcom County Code, Title 20, Chapter 20.71 - Water Resource Protection Overlay District, Chapter 20.80 - Supplementary Requirements, Chapter 20.85 - Planned Unit Development, and Chapter 20.97 - Definitions to provide additional regulatory protection for sensitive watersheds (Lk. Whatcom, Lk. Samish & Drayton Harbor). Goodwin: This amendment started about a year ago when the County Council, in December 2001, put a moratorium on further subdivision of property below five acres within the Lake Whatcom Watershed. They also put a similar moratorium on Lake Samish in 2002. These ordinances directed Planning to begin working on additional development regulations and standards for stormwater for single family residences. This has been completed and adopted. Tonight we are working on the zoning regulations. This affects several sections of the zoning code. Public works was to come up with additional stormwater management structures, stormwater treatment and financing for that. The County Council lifted the moratorium about six months after they adopted it. At that time they adopted interim development regulations. These applied to Lake Whatcom, Lake Samish, and some applied to Drayton Harbor. There is a water resource protection overlay that applies to Lake Whatcom and Lake Samish only. The stormwater special district standards and water resource special management area standards that affect land clearing apply to Drayton Harbor also. The regulations we are working on tonight will replace the interim ordinance. Gilda: Are we only open for change to the strikeouts and underlined new language or is the whole thing open for discussion?