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HomeMy WebLinkAboutord2003-014WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2002 -084T 1 2 Planning Los isionACOmp Plan AmendmentsVComp Plan 2002VCMP2002 -00009 (Resource Lands Chapter —AC Lands) - AB.doc CLEARANCES Initial Date Dare Received in Council Office Agenda Dare %o7y -dz Assi ned m: Orlgmamr: Kraig Contra y� T VU M fol -C 2 p p p ITII :r=. `� E 9 V SEP 17 2002 L WHATCOM COUNTY COUNCIL Introduction /Natural Res. Division Head: Sylvia Goodwin \ Dept Head; Hat Hart o- b , Prosecutor: Karen Frakes Pmeha.,inglBudge: Evecuive: Pete Kerman q SUBJECT: Proposed arnendruents to the Resource Lands Chapter ofthe Whalcom County Comprehensive Plan retailing to agriculture. I ATTACHMENTS: (1) Proposed ordinance reflecting the Planning Commission's recommendations. Note: Back round materials are available for review at the County Council office. SEPA review required? ( x ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( x') NO SEPA review completed? ( x ) Yes ( ) NO Requested Date: I Ahearing must he held if the Council changes the Planning Commission recommendation (WCC20.10.110). SUMMARY STATEMENT: State law requires Counties to review their Distribution Request comprehensive plans to ensure continued compliance with the Growth Management Act. Wha[wm County has commenced this process and is Indicate those wno shouldremiveacopyyteromncaaclian- List specie names to the right. bringing forward amendments to the Resource Lands Chapter relating to ADS Facilities Management agriculture for consideration by the County Council. ADS Finance Note: The subject proposal is one of a number of comprehensive plan ADS Human Resources ADS Info Services amendments initiated this year. These amendments must be considered concurrently by the County Council so that the cumulative effect of the various proposals can be evaluated (RCW 36.70A.130). Additionally, pursuant to the review schedule established in WCC 20.10.120, final Council action on these amendments should occur by November 30. A59PY6Or Keith Wilbtauer Auditor Cooperative Extension District Court Sxeeu dive Health Hearing Examiner Jail COUNCIL ACTION TAKEN: Juvenile parks 2002 -84T 9124/2002'. Introduced 102212002. Moved forward to concurrency hearing, 7 -0 planning Hal Hart proseeumr 112812003: Adopted 5 -1, Brenner opposed, Nelson absent, Ord. #2003 -014 Public Works -Sheriff Superior Court Treasurer Relal Other c Ordinance or Resa(u[io Number (this item): O� 014 Related File Numbers: AB2002 -084 1 2 Planning Los isionACOmp Plan AmendmentsVComp Plan 2002VCMP2002 -00009 (Resource Lands Chapter —AC Lands) - AB.doc 8 -29 -02 SPONSORED BY: Planning PROPOSED BY: Planning INTRODUCTION DATE: gi94in? ORDINANCE # 2003 -014 AMENDING THE AGRICULTURAL LANDS SECTION OF THE RESOURCE LANDS CHAPTER OF THE WHATCOM COUNTY COMPREHENSIVE PLAN WHEREAS, The Growth Management Act requires counties and cities to review and, if needed, revise comprehensive plans to ensure continued compliance with the GMA (RCW 36.70A.130); and WHEREAS, It is also appropriate to review the comprehensive plan in light of new information and changed County priorities; and WHEREAS, Legal notice was published in the Bellingham Herald; and WHEREAS, The Planning Commission held a public hearing on the proposal; and WHEREAS, The Planning Commission has evaluated the proposed amendments; WHEREAS, The County Council has considered the Planning Commission's Findings of Fact & Reasons for Action, Conclusions, and Recommendations. The Council makes the following findings of fact and conclusions: FINDINGS OF FACT 1. Notice of the Planning Commission hearing for the subject amendment was published in the Bellingham Herald April 11, 2002. 2. The Planning Commission held a public hearing on the subject amendment on April 25, 2002. 3. A determination of non- significance was issued under the State Environmental Policy Act (SEPA) on August 5, 2002. P. I This proposal brings the policies into further compliance with the Growth Management Act (GMA) planning goals #2, 8, and 10: • Reduce sprawl. Reduce the inappropriate conversion of undeveloped land into sprawling, low- density development. • Natural resource industries. Maintain and enhance natural resource -based industries, including productive timber, agricultural, and fisheries industries. Encourage the conservation of productive forest lands and productive agricultural lands, and discourage incompatible uses. • Environment. Protect the environment and enhance the state's high quality of life, including air and water quality, and the availability of water (RCW 36.70A(2)(8)(10). 5. The Resource Lands - Action Plan items need to be updated and remove completed items. ❑ 1. Create an Advisory Committee. This has been completed - the group is called the Agricultural Advisory Committee (AAC). This action plan item has been revised to give direction to the AAC. ❑ Former 3. Has been simplified and directs the AAC develop a process that conserves and enhances the agricultural resource land base, rather than listing specifics. ❑ Former 6. Review and rework Title 20.40. This was completed by the AAC and adopted by County Council in 2001; this has been removed. ❑ Former 7. Updated to reflect current regulations (eg salmon). ❑ Former 8. Update agency names and add NRCS ❑ Former 11. The change makes this action item more pro- active and simplified. 6. New Policy 8A -12 recognized the creation of the Agricultural Advisory Committee and gives the committee direction and support. 7. While Policy 8A -1 addresses the conservation of agricultural land base through a broad range of incentives and cooperation, it gives no specific guidance. New Policy 8A -2 provides a long -range strategy for conservation of agricultural land. 8. Agriculture production in Whatcom County accounted for $241,643,000 in 1997. Whatcom County leads all west -side counties in agricultural production and is 6'" most productive county in the state. 9. Whatcom County is in the top 3% of agricultural counties nationally for the value of products produced and is the largest dairy- producing county in the state and is ranked 12" nationally. 10. Whatcom County farmers produce 50% of the nation's Red Raspberry crop. 11. National studies conducted by American Farmland Trust - Cost of Community Services Studies Fact Sheet, Jan 2000, indicates that "In every community studied, farmland has generated a fiscal surplus to help offset the shortfall created by residential demand for public services ". Nationally, the mean cost per dollar of revenue raised for farm and foresdand was $.37. P. 2 12. The U.S. Department of Agriculture Census of Agriculture farmers reporting agricultural production is declining. From 1964 -1997 the number of farms reporting dropped over 60 %. Acreage in farms also dropped nearly 60% in the same time period from 176,935 acres in 1964 to 103,600 acres in 1997. 13. The minimum parcel size is 40 acres in the Agriculture district. Data collected by the Department of Planning and Development Services indicates that the average parcel size is currently 17.65 acres. Over 50% of the existing lots are under 10 acres in size (2,236) while only 12% of the lots (513) are 40 acres or larger. An estimated 2,285 lots are currently developed with an additional 2,201 lots remaining undeveloped. 14. American Farmland Trust has identified the Willamette and Puget Sound Valleys as 5" of 20 threatened areas in the United States. The ranking is based on the combined factors of market value of agricultural production, development pressure and land quality. 15. As the facts bear out, Whatcom County is an important farming county. Comprehensive Plan Policy 8A -4 discourages the conversion of productive agricultural land. CONCLUSIONS The subject amendments are consistent with Growth Management Act, County Wide Planning Policies, and Whatcom County Comprehensive Plan. The proposed amendments are consistent with the public interest because they update the Comprehensive Plan to reflect new information and County priorities. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Resource lands Chapter of the Whatcom County Comprehensive Plan is hereby amended as shown on Exhibit A. Section 2. Adjudication of invalidity of any of the sections, clauses, or provisions of this ordinance shall not affect or impair the validity of the ordinance as a whole or any part thereof other than the part so declared to be invalid. P. 3 ADOPTED this 28th day of January , 2003 ATTEST: Dana Brown - Davis, Council Clerk APPR VED as to form: Civil Deputy Prosecutor Date: 7/A3 P. 4 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Dan McShane, Chairperson proved O Denied e Kremen, Executive April 25, 2002 Resource Lands (Chapter 8) Page 1 Exhibit A 4/25/02 Planning Commission Proposal AGRICULTURAL LANDS - ISSUES, GOALS, AND POLICIES Agricultural Land Base Agricultural viability is dependent upon long -term supplies of clean water and a large fertile land base. Erosion of the farmland base has been recognized as a national and local problem. The maintenance of a sufficiently large land area devoted to agricultural activity is necessary to support associated farm processing operations such as milk and berry processing facilities. Increasing demand for low cost residential building sites coupled with fluctuating profit margins for agricultural operations brings increasing pressure to convert agricultural land to residential and other non - agricultural uses. GOAL 8A: Conserve and enhance Whatcom County's agricultural land base for the continued production of food and fiber. Policy 8A -1: SUP198A the SeRsewaten e Conserve productive agricultural lands and agricultural resource lands, including areas with prime soils which are not now zoned agriculture, by developing and implementing a long range strategy. f^; heiF- pFeseRrat on. The planning horizon should be r� �$ 8 Z twenty years in the short-term and 250 years in the long -term. Relliey C... paFt .at en of the 8 ..URWFal land base th Fo gh a 4.-aad Policy 8A -2 A long range conservation strategy should include 1. A program which facilitates the removal of development rights from productive farmland and provides permanent protection of those agricultural lands through the use of conservation easements or other legal mechanisms 2. Maintenance of a sufficient quantity of agricultural land to support a healthy agricultural industry 3. reauired mitigation in the event that designated agricultural land is converted to another use 4. Reauired buffers on all new non - agricultural uses located adjacent 5. to agricultural activities assistance to agricultural- related enterprises development 6. Farm friendly regulations 7. Incentives and cooperation between landowners and public agencies such as the utilization of the current use tax assessment provisions. April 25, 2002 Resource Lands (Chapter 8) Page 2 Rationale: The former Policy 8A -2 did not give clear direction on how to undertake conservation of the agricultural land base. The new policy lays out a long -range strategy for agricultural land base conservation. Policy 8A -3: Policy 8A4: Policy 8A -5 Support conservation of productive agricultural land by requiring the use of best management practices including soil and water conservation, livestock waste management, etc. Discourage conversion of productive agricultural land to incompatible non - agricultural uses. Reauire all reauests for re- designation from agriculture to demonstrate that changed site conditions or circumstances have occurred since the oriainal designation to such an extent that the site no longer satisfies the designation criteria for agricultural lands. Rationale: The new policy clarifies the procedure for re- zoning for lands designated agriculture. Policy 8A -6S: Prioritize agricultural activity in land use decisions when land is composed of prime and /or productive agricultural soils and agriculture is the highest value resource use. Policy 8A-67: Establish flexibility in land use plans and regulations to encourage maintenance of the productive agricultural land base. Policy 8A -7$: Maintain SGS NRCS Soil Survey as basic guideline for designating agricultural resource lands. Policy 8A -82: Preteet Consery e water resources from both a quantity and a quality perspective to ensure and possibly enhance continued agricultural viability. Policy 8A1Jj_Q: Work to ensure water rights are available for agricultural uses. Policy 8A491 1: Use a "Agriculture Protection Overlay" designation in certain Rural zoned areas as one way to achieve this goal. Policy 8A -12: The Agricultural Advisory Committee shall advise the Whatcom County Executive and Council on agricultural issues and agricultural land use Whatcom Countv shall sunoort the Acricultural Advisory Committee with Rationale: The Agricultural Advisory Committee was adopted by County Council as a permanent Committee in 2001. The new policy spells out the role and support of the Committee April 25, 2002 Resource Lands (Chapter 8) Page 3 RESOURCE LANDS - ACTION PLAN Agricultural Lands 21. Direct the Advisory Committee to review the existing Comprehensive Plan and zoning designations for Agriculture during subarea review to determine whether any adjustments in these boundaries are warranted. The review should include parcels within the Agriculture designation to determine if they should no longer be designated Agriculture, and should include parcels in the Rural designation (and possibly other designations) to determine if they should be designated Agriculture. The review should also include areas outside the immediate Agriculture boundary as available research and data indicate. Designation as "Agricultural Protection Zone" may be one tool to implement this recommendation. 32. Direct the Advisory Committee to develop a process that conserves and enhances the Agricultural resource land base_ greseaHy- -being ..dueed by of land 49M /.g:.. .Jes tith8F .,� ,.,� ... ..... ..... ,., :.^ ,.y...... ;,.,.. .y.......,.. .., .,gig - the app! Gant aequ Fes 8F etheFwse s the deye e.....eRt 'ghtS from 43. To assist staff and public in evaluating lands for possible inclusion in the Agriculture zone, develop a system such as the LESA (Land Evaluation and Site Assessment) system or a similar mechanism. This system will consider County -wide Planning Policies and Growth Management Act goals for the conservation of the agricultural resource. Other uses for such a system could include: April 25, 2002 Resource Lands (Chapter 8) Page 4 • Evaluating requests for agricultural land divisions pursuant to the exceptions to the 40 acre minimum parcel size in the Agriculture zone district of Title 20. • Evaluating applications for Conditional Use Permits for non - agricultural production uses in the Agriculture zone district of Title 20. 69. Establish buffers or setback requirements fief = non - agricultural lands when they are adjacent to agricultural lands. As a part of this task, establish the quality and type of buffers or setbacks. Completed 7-5. Genfinue-- te-- develep Implement strategies that reduce negative impacts by agricultural uses on natural systems, 85. Coordinate with the members of the agricultural community when addressing issues that affect agriculture in Whatcom County. Representative entities such as the Whatcom Seanty --Seal Conservation District, the Natural Resource Conservation Service, the Whatcom County Agricultural Preservation Committee, the Whatcom County Farm Bureau, the Whatcom County Dairy Federation, the Whatcom County Cooperative Extension Sew lee and other agriculture related organizations should be included. 9Z. Support educational short courses which address methods of structuring agricultural estates to minimize inheritance taxes; give special emphasis to utilization of Land Trust as a mechanism by which to protect their farmlands in perpetuity for agricultural uses by their heirs or other farmers. 488. Work with the drainage districts and the Washington State Department of Fish and Wildlife to resolve conflicting interests associated with fish and wildlife habitat. 449. Evaluate Encourage equity in present tax assessment systems relating to agricultural land use,