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Home My WebLink Aboutres2000-012WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2000 -088 CLEARANCES lna/al Date Date Received in CofuncilOsee Agenda Date Assivned1, _ ntroduction ,iginator: elirabak K. asen x D lalmo O 2 /� 1� n I n E `� ;; ,.!� �C. FEB 0 7 2000 WHATCOM COUN, COUNCIL - Feb. 8, aaoo Division Head: s vta Goodwin SA 2/22 /2000 Hearing Dept. Head: J. E gisrn, Interim Director 1 Prosecutor Dand a i G 1-dl-a Pare asingaudget: a/v lixacuaae: Peter Asemen SUBJECT: A Resolution adopting recommendations for two Open Space/Open Space applications within the City of Bellingham. ATTACHMENTS: Draft Resolution Agency Report with attached Staff Report, ratings sheet and maps SEPA review required? ( ) Yes ( X ) No SEPA review completed? ( ) Yes ( N/A ) No Should Clerk schedule a hearing ? (X )Yes ( ) No Requested Date: SUMMARYSTATEMENT: .CW 84.34.037specifies that re uesis orO P enS P ace classification within an incorporated area, in this case, the City of Bellingham, be acted upon by a granting authority composed of three members of the county legislative body and three members of the city legislative body in which the land is located Staff has reviewed and rated both sites. Staff recommends the Planning and Development Committee hold a joint meeting with the representatives from the Bellingham City Council Open Space Committee to consider approval for the two Open Space/Open Space applications, one from Mrs. Inez Hoyt and one from the Society of Pholo- Optical Engineers (S.P.LF), located in the City of Bellingham. Distribution Request Indicate those who should receive a copy after Council anion. List specific names to Me night ADS Fadlides Management ADS Finance ADSHuman Resources ADSInps nes Assessor Jean Eastman Auditor coeperadve extension District court Erecuave Health Hearing Examiner Jaa COUNCIL ACTION TAKEN: 2000 -88 W812000: Imuca l 3/21/2000: Approved unanimously in committee 60, Res. *12000 -012 6126/2000: Resolution approved unanimously at joint City/County Council meeting .ehlseu �Uwr..y a,orau us n. Juvenile Parks P inning Prosecutor Public Works Sher Superwr Court Treasurer other Related File Numbers: Ordinance or R I'm Number (this item): RM 2L OScitycountyres.2000. doc Page 1 INTRODUCED BY: PLANNING PROPOSED BY: PDS Department DATE: June27.2000 RESOLUTION NO. 2000 -012 A RESOLUTION ADOPTING RECOMMENDATIONS FOR THE INEZ HOYT AND S.P.I.E. OPEN SPACE APPLICATIONS WHEREAS, The Planning and Development Services Department received two 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 threshold determination and environmental impact statement requirements of the State Environmental Policy Act; and WHEREAS, pursuant to RCW 36.70.390, legal notice was published in the Bellingham Herald on June 17, 2000, and a copy of said notice was sent in a timely manner to the applicants; and WHEREAS, Open Space /Open Space evaluations are based upon the Public Benefit Rating System; and WHEREAS, the applications are for land currently within the city limits of Bellingham; and WHEREAS, RCW 84.34.037 (1) requires that "... applications for classification of land in an incorporated area shall be acted upon by a granting authority composed of three members of the county legislative body and three members of the city legislative body in which the land is located "; and WHEREAS, the Planning and Development Services Department forwarded its recommendation to three members of the Whatcom County Council and three members of the Bellingham City Council (hereinafter referred to as the "Joint Council "); and WHEREAS, on June 26, 2000, the Joint Council opened the public hearing on the applications and received testimony regarding the proposed Open Space/Open Space parcels. NOW, THEREFORE, BE IT RESOLVED BY THE WHATCOM COUNTY COUNCIL: 1. The Joint Council approves the Open Space/Open Space application for Mrs. Inez Hoyt (PBR 79.58). 2. The Joint Council approves the Open Space/Open Space application for the Society of Photo - Optical Engineers (S.P.I.E.) (PBR 46.44) 3. Conditions of approval require from the owners a Public Access Policy statement, the posting of an Open Space sign, and the signing of the Hold Harmless agreement in accordance with the revised Whatcom County Open Space Policy and Criteria and Public Benefit Rating System, Council Resolution No. 95 -040. 4. The Joint Council directs the Assessor to place the parcels in the appropriate Open Space status category. OScrtycountyres.2000.doc Page 2 5. 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 26th day of June , 2000. JOINT COUNCIL WHATCOM COUNTY, WASHINGTON CITY OF BELLINGHAM, WASHINGTON ATTEST: APPED AS TO FORM: Dave Grant � Civil Deputy Prosecuting Attorney 87 § 3.1 RCW 84.34.035 Applications for current use classification — Approval or denial — Appeal — Duties of assessor upon approval. The assessor shall act upon the application for current use classification of farm and agricultural lands under RCW 84.34.020(2), with due regard to all relevant evidence. The application shall be deemed to have been approved unless, prior to the first day of May of the year after such application was mailed or delivered to the assessor, the assessor shall notify the applicant in writing of the extent to which the application is denied. An owner who receives notice that his or her application has been denied may appeal such denial to the board of equalization in the county where the property is located. The appeal shall be filed in accordance with RCW 84.40.038, within thirty days after the mailing of the notice of denial. Within ten days following approval of the application, the assessor shall submit notification of such approval to the county auditor for recording in the place and manner provided for the public recording of state tax liens on real property. The assessor shall retain a copy of all applications. The assessor shall, as to any such land, make a notation each year on the assessment list and the tax roll of the assessed value of such land for the use for which it is classified in addition to the assessed value of such land were it not so classified. [1992 c 69 § 5; 1973 1st ex.s. c 212 § 4.1 RCW 84.34.037 Applications for current use classification —To whom made — Factors -- Review. (1) Applications for classification or reclassification under RCW 84.34.020(1) shall be made to the county legislative authority. An application made for classification or reclassification of land under RCW 84.34.020(1) (b) and (c) which is in an area subject to a comprehensive plan shall be acted upon in the same manner in which an amendment to the comprehensive plan is processed. Application made for classification of land which is in an area not subject to a comprehensive plan shall be acted uponLafter a public hearing and after notice of the hearing shall have been given by one publication in a newspaper of general circulation in the area at least ten days before the hearing: PROVIDED, That applications for classification of land in an incorporated area shall be acted upon by a granting authority composed of three members of the county legislative body and three members of the city Ic islative body in which the land is located. (2) In determining whether an application made for classification or reclassification under RCW 84.34.020(1) (b) and (c) should be approved or disapproved, the granting authority may take cognizance of the benefits to the general welfare of preserving the current use of the property which is the subject of application, and shall consider: (a) The resulting revenue loss or tax shift; (b) Whether granting the application for land applying under RCW 84.34.020(1)(b) will (i) conserve or enhance natural, cultural, or scenic resources, (ii) protect streams, stream corridors, wetlands, natural shorelines and aquifers, (iii) protect soil resources and unique or critical wildlife and native plant habitat, (iv) promote conservation principles by example or by offering educational opportunities, (v) enhance the value of abutting or neighboring parks, forests, wildlife preserves, nature reservations, sanctuaries, or other open spaces, (vi) enhance recreation opportunities, (vii) preserve historic and archaeological sites, (viii) preserve visual quality along highway, road, and street condors or scenic vistas, (ix) affect any other factors relevant in weighing benefits to the general welfare of preserving the current use of the property; and (c) Whether granting the application for land applying under RCW 84.34.020(I)(c) will (i) either preserve land previously classified under RCW 84.34.020(2) or preserve land that is traditional farmland and not classified under chapter 84.33 or 84.34 RCW, (ii) preserve land with a potential for returning to commercial agriculture, and (iii) affect any other factors relevant in Stall Report File OSO Hoyt 2000 January 24. 2000 WHATCOM COUNTY PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT OPEN SPACE APPLICANT Inez Hoyt, 32nd. Street Community Garden and Connelly Creek Trail easement, Bellingham BACKGROUND: This report summarizes the Planting Division's recommendations on the parcel of land owned by Inez Hoyt in the City of Bellingham, Assessor's parcel #370306 - 248161, situated on 32 "d. Street, for OPEN SPACE/OPEN SPACE classification. This application is being evaluated separately because the subject property is located in the City of Bellingham. RCW 84.34.037 (1) requires that "...applications for classifications of land in an incorporated area shall be acted upon by a granting authority composed of three members of the county legislative body and three members of the city legislative body in which the land is located." 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 a number of open space classifications. 7 a[QI11Pq�71 d�YY:: For the OPEN SPACE /OPEN SPACE category, approval is contingent upon three matters (1) The applicant consents to a degree of public access to the site (unless exempt), 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. (3) The applicant signs and returns a "Hold Harmless Agreement" together with the signed formal agreement. Staff recommends approval or denial according to the Public Benefit Rating System. Approval is recommended for those properties receiving a score of 45 or more and denial is recommended for those properties receiving a score of less than 45. The final score for the Inez Hoyt property for the Public Benefit Rating is 79.58, approval for Open Space/Open Space classification is recommended. ATTACHMENTS (1) Staff evaluation and recommendation (2) Site map /aerial photo (3) Hoyt application with Bellingham Parks / Hoyt agreement (copies) (4) Whatcom County Open Space Policy and Criteria and Public Benefit Rating System. HOYT OS /OS 1999 ATTACHMENT 1 rr'HATCOM COUNTYOPENSPACE CLASSIFICATION Property Owner: Inez Hoyt Designation: Open Space/Open Space tect Streams /Shorelines 307 Slater Road Parcel No: 370306 - 248161 Protect Soils and Wildlife Kirkland, WA 98033 Acreage: 0.85 acres Subarea: N /A- Bellingham City Road Access: 32nd Street, Bellingham Comp Plan Designation: N/A Necessary urban trail connection to Connelly Cr. Greenway Zoning Designation: N/A Land Use: Community Garden Soil Type/Capabilities: 159 - Squalicum -Urban land Shorelines: N/A complex, 5 % -20% slopes SCS Soil Rating: Not prime SCS Soil Limitations: Slopes, highly erodible during constuction. Hydric: Moderate infiltration rate. Comments: Great for gardens and vacant lots. Stare May Enhance scenic resources 7.00 10.00 Trait easement and community garden Mal tect Streams /Shorelines 8.00 10.00 .. -,:ess to B'ham water detention area Protect Soils and Wildlife 3.00 10.00 Wildlife corridor Water Resource Protection Promote Conservation Principles 8.00 10.00 Promotes access to Natural Parkland Adds to detention riparian buffer Enhance abutting Open Space 10.00 10.00 Necessary urban trail connection to Connelly Cr. Greenway Recreation Opportunities 10.00 10.00 Trail hiking and nature observation Enhances wildlife corridor to riparian Historic /Arch. Significance - 10.00 Does not meet criteria Parcel Size Public Benefit Value: Store Mal Public Access 40.00% 40.( Public access to Connelly Cr. detention area Water Resource Protection 10.00% 20.( Adds to detention riparian buffer Wildlife Habitat 20.00% 20.( Enhances wildlife corridor to riparian woodland Parcel Size - 10.00% 10.( 0.85 acres -40.( Abutting Open Space 5.00% 5.( Contiguous with B'ham Park Dept. Nature Trail Natural Areas 3.00% 5.i Open woodland w /vista Financial Advantage 0.00% -40.( Discretionary Value 5.00% 40+ TOTAL 46.00 70.00 73.00% 140A Conditions: Must receive at least 45 points for approval Public Access Action: Sign Commission Hold Harmless Council h � � . ATTACHMENT 3 APPLICATION FOR CLASSIFICATION OR RECLASSIFICATION AS OPEN SPACE LAND OR TIMBER LAND FOR CURRENT USE ASSESSNU NT UNDER CH, 84.34 RCW Name of Address _ Phone _42-5 - A hg) 1. Interest in property: ❑ Fee Owner ❑ Contract Purchaser ❑ Other (Describe) 2. Assessors parcel or account number 370306 2g8lb1 0000 - Legal description of land to be classified .l. ef- F of � 2 Sl.or% Pfaff' at 4e[nrc�ai go OF S6 4 P4 +5 P�, li 3. Land classification that is being sought? V Open Spam ❑ Timber Iaad NOTE: A single application may be made for both open space sad timber land, but a separate legal description must be furnished for each area that classification is being sought 4. Total arcs in application O X6A('A1oJ S OPEN SPACE CLASSIFICATION Number of acres Mg "ra5 6 I dicaue what category of open space this land will qualify for (Sin reverse side for definitions) ❑ Open space zoning I7� Consrve and enhance namral or scenic resources ce Pmrect Stearns; or water supply wl� Promote conservation of soils, wetlands, beaches or tidal marshes d Enhance public recreation opportunities 9 Entartrc value 0 public of abutting or neighboring palls, fomsts,wildliftprescnes, nature reservations or sancaaries or other open space ❑ Preserve historic situ Qr Preserve visual quality along highway. mad, and street corridors or scenic vistas. ET Retain in natural sate tracts of one (1) or mom acres in urban areas and open to public use as reasonably required by granting authority (0.85 ac res) ❑ Farm and agricultural conservation and as defined in RCW 8434A20(8) T%ecetn 6e1- 299& /9017 cj ive r11Y sou , rC asset l l ��2r. p7/eiiiter H0yf �GWeY'o�' Nll0r ne4 -I'J 4ct 0Yv MN �Or < U f J f-�� OrolSe /r'i-Y T^alier5 � er l'ai>.�� f` 1 1 LoF B c4 C D z Sho i (�4' Ca5 YCCOr��G °°k ��or1 Pjat5 Pq, lT, Sr Cou fyi L{1�s11 v far. UlHafcom COL.r4Y f�s5e$�0v5 �ctrc I v4m6er 370306 2- Y8 l6I 0000. NOTICE: I FO M anv 6r oa: S 1 >t e ATTACHMENT 3 (cont'd) EASEMENT COMMUNITY GARDEN /TRAIL The Grantor, 1NEZ M. HOYT, 307 Slater, Kirkland, WA 98033, telephone 822 -4981, in exchange for valuable consideration conveys to Grantee, the CITY OF BELLINGHAM, 210 Lottie Street, Bellingham, WA 98225, an easement on, across and under the following described real estate: A tract of land 1.7 acres more or less, being the north 1/2 of Lot 9 immediately north of Mill Street between 30th and 32nd Street in the City of Bellingham, and indentified on the records of the Whatcom County Assessor as parcel number 49.105, less such portions purchased by the City of Bellingham during 1979. This easement is for community garden and trail access purposes and is subject to the following special conditions: 1. Gardening will only be allowed to specific, named persons in accordance with a regularly organized City program and its rules and regulations. 2. The property will be kept in a neat and orderly fashion. 3. Regardless of the date of execution of this agreement, the easement herein shall continue through December 31, 1993, with an option on the part of the City to extend it through December 31, 1998. However, either party reserves the right to cancel this agreement upon ninety (90) days' written notice to the other, with cancellation to be effective at the end of the calendar year. 4. The City assumes all liability for injury to persons or property occasioned by use as a community garden. 20pc1 city of ee(UNMM Cn ATTORNEY 210 LOWe 64 W ee6ing"m. W ashington aa22' Tewph (206) 676ag00 5. The easement herein also includes trail access to the Connelly Creek Nature Area. EXECUTED thisZE dlay of r uary 1989. Inez M. Hoy Grantor CITY OF BELLINGHAM By Tim Douglas, Mayor Attest: Finance Director Departmental Approval: Director of Parks & Recreation Approved as to Form: City Attorney's Office STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) I CERTIFY that I know or have satisfactory evidence that INEZ M. HOYT signed this instrument and acknowleged it to be her free and voluntary act for the uses and purposes mentioned in the instrument. 20pc2 February 24, 1989 DATED -..! 1 SIGNATURE OF NOTARY PUBLIC Loan Closer TITLE November 10, 1992 APPOINTMENT EXPIRATION DATE City of B6111gham CITY ATTORNEY 210 Lnttie Street aellitgham. Washington 98225 Telephone (206) 61"903 Staff Report File OSO SPIE 2000 January 24, 2000 WHATCOM COUNTY PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT OPEN SPACE APPLICANT Society of Photo - Optical Instrumentation Engineers (SPIE), 1000 20'b Street, Bellingham BACKGROUND: This report summarizes the Planning Division's recommendations on a portion of the parcels of land owned by SPIE in the City of Bellingham, Assessor's parcel 4s 370201413209 (ptn. of), - 422249, - 412265, 412259, - 4122549 - 412246 and — 112240, situated at 1000 20" Street, for OPEN SPACE /OPEN SPACE classification. This application is being evaluated separately because the subject property is located in the City of Bellingham. RCW 84.34.037 (1) requires that "...applications for classifications of land in an incorporated area shall be acted upon by a granting authority composed of three members of the county legislative body and three members of the city legislative body in which the land is located." 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 a number of open space classifications. REQUIREMENTS For the OPEN SPACE /OPEN SPACE category, approval is contingent upon three matters: (1) The applicant consents to a degree of public access to the site (unless exempt), 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. (3) The applicant signs and returns a "Hold Harmless Agreement" together with the signed formal agreement. Staff recommends approval or denial according to the Public Benefit Rating System. Approval is recommended for those properties receiving a score of 45 or more and denial is recommended for those properties receiving a score of less than 45. RECOMMENDATION The final score for the SPIE property for the Public Benefit Rating is 46.44, approval for Open Space/Open Space classification is recommended. ATTACHMENTS (1) Staff evaluation and recommendation (2) Site map /aerial photo (3) Copy of S.P.I.E. application (4) Whatcom County Open Space Policy and Criteria and Public Benefit Rating System. WHATCOM COUNTY OPENSPACE CLASSIFICATION Property Owner: Soc. Photo -Opt. Instr. Engineers Designation: 1000 20'. Street, Parcel No: Subarea Comp Plan Designation: Zoning Designation: Soil Type/Capabilities: SCS Soil Rating: SCS Soil Limitations: Hydric: Comments: Bellingham, WA. 98225 N /A, City of Bellingham Not known - ditto- #29- Chuckanurb Urban land Complex, 5% to 20% slopes Not prime. Slopes, highly erodible during construction. Moderate infiltration rate. Great for parks and vacant lots. Enhance scenic resources 10.00 10.00 Buffer between res. densities, preserve scenic vista Protect Streams /Shorelines - 10.00 Protect Soils and Wildlife 7.00 10.00 Natural wooded slopes, edge -type bird and animal habitat Promote Conservation Principles - 10.00 Enhance abutting Open Space 10.00 Recreation Opportunities 10.00 10.00 Active and passive recreation, outstanding local viewpoint Historic /Arch. Significance - 10.00 Acreage: SPIE OS /OS 1999 ATTACHMENT 1 Open Space/Open Space 370201 — 413209 (ptn. of) - 422249,- 412265,- 412259; - 412254,412246 and - 412240. Pun. for OSOS= 2.25 acres of 6 acs. Road Access: Knox Avenue, Douglas Avenue and 20 th. Street Land Use: Landscaped grounds of SPIE, wooded hillside SPIE property. Shorelines: N/A Public Scure. ld Z Public Access 40.00% 40.000/ Entry for grasscrete parking off 20 th. Street Water Resource Protection 0.00% 20.00° Wildlife Habitat 18.00% 20.00° Basically undisturbed wild life area Parcel Size 5.00% 10.00° Total SPIE property is 6 acres - 40.00; Abutting Open Space 0.00% 5.009 Natural Areas 4.00% 5.00`. Most all of the site, including parking, is natural cover Financial Advantage 0.00% 40.00`. Discretionary Value 5.00% 40 +/q SPIE has committed itself to being a "Good Neighbor" TOTAL 27.00 70.00 72.00% 140.00° 'P "hl6313 g RV +($yRPR VI , r" 2`7_.'(27x72) Conditions: Must receive at least 45 points for approval Public Access Action: Sign Commission Hold Harmless Council tt,�V ACV., ,`*is;s all Off y c� January 27, 1994 JUN 03 19y6 t4'hatcom ca %annmg,,,,ww, MEMORANDUM TO: Jean Eastman or Janice Hurlbert, Whatcom County Assessor's Office PROM: Barbara Maher, Deputy Clerk SUBJ: Verification of Open Space Application Legal Description (AB94 -023) The Whatcom County Council received the enclosed open space application in the Council Office on December 29, 1993. The applicant(s), Society of Photo - Optical Instrumentation Engineers (SPIE), request(s) that the County grant open space status (Open Space classification) for property identified by parcel number 370201413219, 413209 370201398230; 370201 A06219s- 370201 422249, 370201412265, 3702014122592 370201 412254; 370201412246, and 370201412240. We have forwarded the application to the Planning Commission for review. Would you please verify that the legal description is correct? When you've done so please notify both this office and the Planning Department. Thank you. Enc: Copy of the open space application g \open \sPIEIV .. g: \open \mfer, primary file for Merge, 9/92 RR APPLICATION FOR CLASSIFICATION AS OPEN SPACE LAND OR TIMBER LAND elf ,o FOR CURRENT USE ASSESSMENT UNDER RCW 84.34 - {"0.E WITH THE COUNTY LEGISLATIVE Al1TfiORfTY .lame of Applicant Society of Photo — Optical Instrumentation Engineevosone 676 -3290 Address 1000 20th Street, Bellingham, WA 98225 Mail: P.O. Box 10, Bellingham, WA 982 Property Location same 1. Interest in property: ® Fee Owner ❑ Contract Purchaser ❑ Other (Describe) 2. Assessor's parcel or account number see attached Legal description of land to be classified see attached 3. What land classification is being applied for? ❑ Open Space ❑ Timber Land NOTE: A single application maybe made on onen mare and timberland but a legal description must be furnished for the area of each different classification. - 4. Total acres In application 6 - 5. OPEN SPACE CLASSIFICATION Number of acres 6 6. Indicate what category of open space this land will qualify for: (See back for definitions) ❑ Open space zoning ❑ Conserve and enhance natural or scenic resources ❑ Protect streams or water supply ❑ Promote conservation of soils, wetlands, beaches or tidal marshes ❑ Enhance value to public of abutting or neighboring parks, forests, wildlife preserves, nature reservations or sanctuaries or other open space Preserve Historic sites 1 11i �7 Retalneln neturra[sta % trails ofv (07 or re es in an anopenrtoe publcouse esoreawna6sly ni yis by granting authority 7. TIMBER LAND CLASSIFICATION Number of acres S. Do you have a timber management plan on this property? ❑ Yes ❑ No If yes, submit a copy of that plan with this application. 9. H you have no timber management plan, specifically detal the use of this property to show that it -is devoted primarily to the growth and harvest of forest crops'. 10. Describe the present current use of each parcel of land that is the subject or this application. During regular business hours, this site is the headquarters of SPIE —The International .... „.. x ..,, a _... - v:baildirig �a¢d a- .100 -6Vace - - --- 12 - Attach a map of the property to show an oWine of anent uses of the property and indicate k 13. Is this land subject to a tease or agreement which permits any other use than its present use? If yes, attach a copy of the lease or agreement. ' tion of all build ings. ❑ Yes ❑ No NOTICE: The assessor may require owners to submit pertinent data regarding the use of classified land. FORM REV 640021(3 -88) OPbN 5FAu V NU Mb b: (a) AU land *raa m doe' natod bit an official mrt nnolimsiya land iwo plan adopted by any city or county and zoned accordingly, pL (b) Any W W area, the preservation of which In Its present use would !l Conserve and enhance natural or emnic resources. or Ml protect streams or water supply . R'1 promote conservation of Bolls wetlands beaches or tidal marshes. or M) a hence the value to the public of abutting or neighborlm perks forests wildlife preserves nature servatio s or sanctuaries or other omn space, or fv1 enhance recreation opportunities or fwl =serve historic ekes- or (Al) retain In its nature[ state tracts or lend not less than fivr acres situated In an urban area and open to public me on such conditions as may be reasonably required by the legislative body aantlMl the open apace classification. - TIMBER LAND MEANS: Land in any contiguous ownership of frve or more acres which Is devoted primarily to the growth and harvest of forest crops and which Is not classified as reforestation land pursuant to Chapter 8428 RCW or as forest kM under Chapter 84.33. Timber land means the land only. STATEMENT OF ADDITIONAL TAX, INTEREST AND PENALTY DUE UPON REMOVAL FROM CLASSIFICATION UNDER RCW 84.34 1. Upon removal, an additional tax shall be imposed which shall be due and payable to the county treasurer 30 days after removal or upon sale or transfer, unless the new owner has signed the Notice of Continuance. The additional tax shall be the sum or the following: (a) The difference between the property tax paid as'Opm Space Lend' or Tknber Land' and the amount of property tax other- wise due and payable for the seven years last past had the land not been W classified; plus (b) Interest upon the amounts of the difference (a), paid at the same statutory rate charged on the delinquent property taxes. (c) A penalty of 20% shall be applied to the additional tax t the classified land Is applied to some other use, except through compliance with the property owners request for removal process, or except as aresut of those conditions listed in (2) below. 2. The additional tax, interest and penalty specified in (1) above shall not be imposed t the removal resulted solely from: W Transfer to a government amity in exchange for other lard located within the State of Washington. (b) A taking through the exercise of the power of eminent domain, or sale or transfer to an entity having the power of eminent domain in anticipation of the exercise of such power. (c) Sale or transfer of )and within two years aft" the death of the owner of at least a fifty peroem interest in such land. (d) A natural disaster such as a food, windstorm, earthquake, or other such calamity rather than by virtue of the act of the land- owner charging the use of such property. (e) C(I icial action by an agency of the State of Washington or by the county or city within which the land is located which dis- allows the present use of such land. (1) Transfer to a church and such land would qualify for property talc exemption pursuant to RCW 84.36.020. (9) Acquisition of property Interests by State agencies or agencies or organizations qualified under RCW 84.34.210 and 64. 04.130 (Sea RCW 84.34.108(69). AFFIRMATION As owners) of the land described In this application, I hereby Indicate by my signature that I am aware of the potential tax liability involved when the land peaces to be classified under provisions of RCW 94.34. 1 also declare under the penalties Ior false swearing that this application and any accompanying documents have been examined by me and to the best of my knowledge it is a true, correct and complete statement. Date application raceivard Amount M lee collected E_ S NI owners and purchasers must e UZ to Date R GRANTING AUTHORITY USE ONLY Date received By Application approved_ Approved In part _ Dented _ Owner notified of denial an Date tee returned Agreement executed on Mailed on ATTACHMENT 4 :.0 1995 SUMMARY OF WHATCOM COUNTY OPEN SPACE POLICIES Public Benefit Rating Syst • 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. H. Public areess- 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 Hiles of conduct and a description of how public access is to be managed, within the limitations outlined in the Whatoom 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. III. Open _Space_ e Sign- 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. Hard Harmless; Agi-eempmw 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. BM I. APPROVAL CRITERIA: OPEN SPACEIOPEN SPACE AND OPEN SPACEIFARM & 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 is 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 are/ Open are and Open mare /Farm & - Agriculture Concervatlan 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 Open Sp ra.e_ /Open Spare and Open Spare /Farm & Agriculture Conservation parcels. III. PUBLIC BENEFIT RATING CALCULATION A. BASIC VALUE The Planning and Development Services Department will review each COM Spnre.%Open Sp ac and Open Spare /Farm & Agriculture-Cimservalion 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 PIIBLIC BENEFIT RATING will be calculated using the following formula: PBR= BV +(BV % PBV), where: ' 1: YI y 1Y 1 W 1-51TAa W 11 : •:a0la9 1 IV. BASIC VALUE CRITERIA: A. Open re /Open Spare A maximum of ten points for open Spare /nnen Sparc applications may be assigned far each of the 7 item c based upon conformance with the criteria listed below. 1. Conserve or enhance natural, cultural or scenic resources. Y I ,, 1 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. Criteria for approval: 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; L 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. Criteria for npprnvaI- 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. 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; Criteria far apprnvale 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 for annrovali 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; 7. Preserve historic and archaeological sites. Criteria for an rp nvaL 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 fifteen (15) points for Open Spare/ Farm & Agriculture Concervatinn applications may be assigned for each of the first two (2) item listed below, and a maximum of five (5) points may be assigned for the remit nina Pight (9) items listed below based upon conformance with the criteria listed. 1. Traditional or potential farmland. Criteria for anprnval: 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 for approval_•, a. lands which contain prime farmland as defined by the U.S. Department of Agriculture; or b. lands which contain capability classification I -IV according to the US Department of Agriculture Land Capability Classification system. 3. Comprehensive Plan Designation Criteria for mpprnval: Lands which are designated Agriculture or Incentive Agriculture in the Whatcom County Comprehensive Plan. 4. Conserve or enhance natural, cultural or scenic resources. Criteria far annrnval: 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. 5. Protect streams, stream corridors, wetlands, natural shorelines and aquifers. Criteria.for_appraval- a. lands within a 100 -year tloodplain; 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. Criteria for azn rp oval• 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 far npproval: - 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 an rp oval- 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. criteria-for-approval- 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. Criteri_ a for approval• a. area 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 PUBLIC RFNFFiT VALUE for each Open Spare , /One eu Space and Open Spare /Farm R: Agriridture Cnncervatinn application. The total PUBLIC RENRFIT VALUE will increase (or decrease) the BASIC V ALITF. by a certain percentage. It is possible to attain a PUBLIC RFNFFIT VALUE of up to 140%, resulting in a maximum possible increase of 140 %. A. PUBLIC ACCESS (Maximum 42%n increase) 1. 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(Maximum 21)-% 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% increase) 1. 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 ]Il%a increase) . 2. Smaller than five (5) nominal acres (Maximum 10%4 decrease for OS Open Space applications; Required 40% decrease for OS Farm and Agriculture Conservation applications) E. LINKAGE. WITH OTHER OPEN SPACES (Maximum 5% increase) Adjacent to other Open Space, parks, or open areas associated with Planned Unit Developments, Cluster Subdivisions, or Binding Site Plans. F. NATURAL AREAS (Maximum S-% increase) Based on how much of parcel is in natural cover and not developed with homesite, outbuildings, and clearings. G. FINANCIAL ADVANTAGE (Maximum 40-% dnrrracr) The use to which the land is put derives a financial advantage for it owners. H. DISCRETIONARY VALUE - (Maximum 4(1-% increase) (Minimum 411 derreas 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 _ As a condition of approval of your open space application, you must post a two foot by two foot (2' X 2') sign on the 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 a conspicuous location where 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. PUBLIC ACCESS All applications for open space-open space and open space- farm and 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 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 aperson in disorderly or apparently intoxicated condition in which case permission shall become automatically revoked, and the permittee deemed to be a trespasser upon the premises. Owners retain and reserve the power to promulgate and enforce rules not inconsistent with the foregoing provisions and conditions for public entry upon the premises.. DATED this day of , 19 SIGNED HOLD HARMLESS AGREEMENT 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 , 19 SIGNED OWNER