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HomeMy WebLinkAboutres1999-007WHATCOM COUNTY COUNCIL AGENDA BILL NO. 99 -075 CLEARANCES Initial Date Date Received in Council Office A enda Date Assigned to: — eiginator. Elizabeth K. Olsen .� 1121199 j� j� Ij �J EC EC � `V� FEB 9 3 1999 WHATCOM COUNTY COUNCIL 219199 P & D Council Division Head: Sylvia Goodwin Dept Head: Micheal Knapp Y-9 Prosecutor David Grant —Lq'9y PurchasingBudget: Executive: Peter Kremen / o� SUBJECT. A Resolution adopting recommendations for Open Space10pen Space and Open Space /Farm & Ag. Conservation Applications. ATTACHMENTS: Draft Resolution Agency Report with attached Staff Report, ratings sheets and maps Excerpts from Draft Planning Commission Minutes, November 5, 1998, December 10, 1998 and January 14, 1999. SEPA review required? ( ) Yes ( X ) No SEPA review completed? ( ) Yes ( N/A ) No Should Clerk schedule a hearing ? ( ) Yes ( X ) No Requested Date. QUMMARYSTATEMENT: The Planning & Development Services received ten Open Space applications, three of which were Open Space /Open Space applications, five were transfers from OSAG to Open Space Farm & Agriculture Conservation, and two were applications to Open Space Farm & Agriculture Conservation status. Planning Commission met on November 5,1998, December 10, 1998 and January 14, 1999, and recommended to approve the three Open Space /Open Space applications and the four transfer applications from OSAG to Open Space Farm & Agriculture Conservation. Planning Commission recommended to deny three applications for Open Space Farm and Agriculture Conservation. Distribution Request Indicate those who should receive a copy after Council action. List specific names to the right ADS Facilities Management ADS Finance ADS Human Resources ADS Info Services Assessor Jean Eastman Auditor Cooperative Extension District Court Executive Health Hearing Examiner Jail COUNCIL ACTION TAKEN: 1999 - 75 2/9/99: Approved 7 -0 , RES 9q -007 tutu" %— "",tty a v,u, ua t rr. Juvenile Parks Planning Prosecutor Public Works Sheriff Superior Court Treasurer Other Related File Numbers: planning /open space Ordinance or Resolution Number (this item): openspa ceres. 9 999. doc Page 9 INTRODUCED BY. Elizabeth K. Olsen PROPOSED BY. PLANNING DATE: January 29. 9999 RESOLUTION NO. 99 -007 A RESOLUTION ADOPTING RECOMMENDATIONS FOR 1998 OPEN SPACE APPLICATIONS WHEREAS, The Planning Commission received ten (10) 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 October 24, 1998 and January 4, 1999; and WHEREAS, on November 5, 1998, 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 /Farm & Agriculture Conservation; and WHEREAS, Planning Commission continued the testimony on the proposed Open Space applications on December 10,1998 and on January 14,1999; and WHEREAS, Open Space /Open Space and Open Space /Farm & Agriculture Conservation evaluations are based on the Public Benefit Rating System; and WHEREAS, the Planning Commission recommends approval of the Open Space /Open Space applications from David and Kay Syre, Pamela Foster, and the Lurrimi Indian Nation; and WHEREAS, the Planning Commission recommends approval of the Open Space /Farm & Agriculture Conservation transfer applications from Hoby Acres Association, Robert and Lora Hoffman, Marvin and Geraldine Maddux, and Douglas and Shirley Maddux; and WHEREAS, the Planning Commission recommends denial of the transfer from OSAG to Open Space /Farm & Agriculture Conservation from Muriel Simmons and the two applications to Open Space /Farm & Agriculture Conservation from Tom and Veronica Burke, and Richard and Mary Jellum; and WHEREAS, the Planning Commission further recommends that, as the Open Space /Open Space application from the Lummi Indian Nation is in an area of known archaeological and cultural significance to the Lummi Nation, that public access and a sign be automatically waived; and WHEREAS, the Planning Commission has forwarded its recommendations to the Whatcom County Council; and WHEREAS, Council held a public meeting on February 9,1999, to consider the Planning Commission's recommendations. openspaceres.1999.doc Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE WHATCOM COUNTY COUNCIL: 1. The Whatcom County Council approves the Public Benefit Ratings of the Open Space /Open Space applications for David and Kay Syre (PBR 75.28), Pamela Foster (PBR 71.04), and the Lummi Indian Nation (81.09). 2. The Whatcom County Council approves the Public Benefit Ratings of the Open Space /Farm & Agriculture Conservation applications for: Hoby Acres Association (88.6), Robert and Lora Hoffman (53.82), Marvin and Geraldine Maddux (51.8), Douglas and Shirley Maddux (48.24). 3. The Whatcom County Council denies the Public Benefit Ratings of the Open Space /Farm & Agriculture Conservation applications for Muriel Simmons (43.71), Tom and Veronica Burke (44.45), Richard and Mary Jellum (34.20). 4. Conditions of approval require from the owner 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. 89 -38. 5. The County Council directs the Assessor to place the parcels in the appropriate Open Space status category. 6. 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 9th day of February , 1999. APPROVED AS TO FORM: ve Gr t Civil Dep Prosecuting Attorney WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Marlene Dawson, Chairperson () APPROVED () VETOED Pete Kremen, County Executive Date Staff Report . File OS 1999 January 28, 1999 WHATCOM COUNTY PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT OPEN SPACE APPLICATIONS 1998 - FOSTER Open Space /Open Space 1998 - SYRE Open Space /Open Space 1998 - HOFFMAN Open Space Farm & Ag. Cons. (transfer From OSAG) 1998 - JELLUM Open Space Farm & Ag. Conservation 1999 - LUMMI INDIAN NATION Open Space /Open Space 1999 - MADDUX (2) OpenSpace Farm & Ag. Cons. (transfer from OSAG) 1999 - HOBY ACRES ASSOCIATION Open Space Farm & Ag. (transfer from OSAG) 1999 - SIMMONS Open Space Farm & Ag. Conservation (transfer from OSAG) 1999 - BURKE Open Space Farm & Ag. Conservation This report summarizes the Planning and Development Department's recommendations on open space applications received 1998/1999. 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 SPACE /OPEN 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. Ten Open Space applications have been received and reviewed for open space tax status, five of which are transfers from OPEN SPACE AGRICULTURE to OPEN SPACE FARM & AGRICULTURE CONSERVATION, two are applications to OPEN SPACE FARM & AGRICULTURE CONSERVATION and three are applications to OPEN SPACE /OPEN SPACE. The recommendations are based on the information gathered. in accordance with adopted Whatcom County Public Benefit Rating System and Criteria. Staff evaluations and recommendations with maps and aerials showing location of each individual application are attached. Also attached is are two locational maps and Exhibit 1 which describes the Whatcom County Open Space Policy and Criteria and Public Benefit Rating System. REQUIREMENTS For the OPEN SPACE FARM & AGRICULTURAL CONSERVATION and OPEN SPACE/ OPEN SPACE categories, approval is contingent upon three matters: (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 9999 January 28, 9999 (3) The applicant signs and returns a "Hold Harmless Agreement' together with the signed formal agreement. RECOMMENDATION Of the three OPEN SPACE /OPEN SPACE applications received, staff recommends the following: 1) Approval of applications: Foster, Lummi Indian Nation *, and Syre. *Sign and public access waived due to historic cultural and ritual site for Lummi Indian Nation. Of the five OPEN SPACE FARM & AGRICULTURE CONSERVATION transfer applications received, staff recommends the following: 2) Approval of applications: Hoffman, Hoby Acres Association, and Maddux (2). 3) Denial of application: Simmons. Of the three OPEN SPACE FARM & AGRICULTURE CONSERVATION applications received, staff recommends the following: 4) Denial of applications: Burke and Jellum. ATTACHMENTS Ratings for all applications with maps and aerials, overall locational maps and Exhibit 1, Whatcom County Open Space Policy and Criteria and Public Benefit Rating System. CL Q Z O Lam. r ♦Q V O J W V Q Z W a. O FOSTER RATE OS 1998 VATCOM COUNTY OPEN SPACE CLASSIFICATION Property Owner: Pamela (Magee) Foster Designation: Open Space /Open Space 3258 Haynie Rd. Parcel No: 400111- 076505, 098463, 040450, 020316, Custer, WA 98240 147418, 212416, 218346, 051234 Subarea: Birch Bay - Blaine Subarea Acreage: 98 acres Comp Plan Designation: Rural J Road Access: Haynie Road Zoning Designation: R10A ( 1 d.u. per 10 acres) Land Use: Golf Course Soil Type /Capabilities: Shorelines: N/A 49 & 50- Everett very gravelly sandy loam, 8 -35% slopes, pasture woodland use 30% 51- Everett complex, 2 -8% slopes, pasture /woodland use 93- Labounty silt loam, 0 -2% slopes, hydric soils, woodland use 5% 179 - Whatcom silt loam, 3 -8% slopes, pasture /woodland use 65% 181 - Whatcom silt loam, 30 -60% slopes, erosion hazard, woodland use Total Land Area: 100% Basic Value Score Max Enhance scenic resources 7.00 10.00 Conserves greenway /visual major rd. corridor Protect Streams /Shorelines 8.00 10.00 ects /enhances Haynie Cr. Protect Soils and Wildlife 9.00 10.00 Protects Haynie Creek "canyon" corridor habitat Promote Conservation Principles 7.00 10.00 Salmon spawning enhancem't prog. in effect on Haynie Cr Enhance abutting Open Space 10.00 10.00 Extends existing Open Space Adjacent to existing Open Space Recreation Opportunities 10.00 10.00 Passve nture observation Steep hillside%reekbed in nat. cover Historic /Arch. Significance - 10.00 N/A Discretionary Value 0.00% Public Benefit Value: Score Max Public Access 20.00% 40.00% Recreation access, off - street pkg. Water Resource Protection 15.00% 20.00% Preservation of Haynie Cr. Wildlife Habitat 18.00% 20.00% Div. wildlife, anadromous spawn. & rear. habitat Parcel Size 10.00% 10.00% 98 acres to be added to ex. 45 acres - 40.00% Abutting Open Space 5.00% 5.00% Adjacent to existing Open Space Natural Areas 2.00% 5.00% Steep hillside%reekbed in nat. cover Financial Advantage - 30.00% - - 40.00% Discretionary Value 0.00% 40 + / -% TOTAL 51.00 70.00 40.00% 140.00% Revised ratings /PC 12/10/98 Conditions: Public Access Sign Hold Harmless Must receive at least 45 points for approval Action: Commission Approved 12/10/98 Council - c KffldtA AM2 M17 All — j(dO Ia. 4ki I 'New il —7m T 'ATCOM COUNTY OPEN SPACE CLASSIFICATION Property Owner: Subarea: Comp Plan Designation: Zoning Designation: Soil Type /Capabilities: SCS Soil Rating: SCS Soil Limitations: Hydric: Comments: L UMMI INDIAN NATION RATE OS 199 Lummi Indian Nation Designation: Open Space/Open Space 2616 Kwina Road Parcel No: Portions of 370620,21,27,28,29,32, Water Resource Protection 20.00% 33,34 Bellingham, WA 98225 Acreage: 1655 acres more or less South Fork Valley Road Access: North of Hwy. 20 (Skagit) into 10.00 Whatcom Co. via Crown Pacific 10.00% logging roads. Commercial Forestry Land Use: Abutting Open Space Commercial Forest Shorelines: N/A N/A lIn: Basic Value Score Max Public Benefit Value: Score Enhance scenic resources 10.00 Jr 'ave in Commercial Forest Zone Ix otect Streams /Shorelines 8.00 Possible question on buffer /Arlecho Creek Protect Soils and Wildlife 10.00 Steep hillsides, possible Endangered Species habitat Promote Conservation Principles 10.00 Conservation/education principles Enhance abutting Open Space 5.00 Abutting Nature Conservancy acquisition of 520 acres Recreation Opportunities - Hiking, nature observation Historic /Arch. Significance 10.00 Indian cultural /ritual and medicinal plants & roots gathering location 10.00 Public Access 0.00% Very difficult access over private logging roads 10.00 Water Resource Protection 20.00% Trib./Skookum Cr., S. Fork Nooksack River 10.00 Wildlife Habitat 15.00% Abundance & diversity of wildlife 10.00 Parcel Size 10.00% 1720 acres 10.00 Abutting Open Space 3.00% Nature Conservancy to north 10.00 Natural Areas 5.00% Logged ten years ago 10.00 Financial Advantage 0.00% Discretionary Value Max 40.00% 20.00°/ 20.00°/ 10.00°/ - 40.00°/, 5.00°1, 5.00°1, - 40.00°/ 0.00% 40+/-0/, TOTAL 53.00 70.00 53.00% 140.000/ Ratings revised 1/14/99 Conditions: Public Access waived .: Requirement for OS sign waived Hold Harmless Must receive at least 45 points for approval Action: Commission Approval 1/14/99 Council WIN -- M-,, I % I ME ril , P INW.; V" SOMM Elm I'll, ►I►AN `W.'I r•A l r• ,,I '4 w:Ir! : Z+jffal .,lAI �% tel: IATCOM COUNTY OPEN SPACE CLASSIFICATION Property Owner: Subarea: Comp Plan Designation: Zoning Designation: Soil Type /Capabilities: SCS Soil Rating: SCS Soil Limitations: Hydric: Comments: Basic Value David & Kay Syre 4350 Cordata Parkway Bellingham, WA 98226 Pt. Roberts Subarea Rural R10A (1 d.u. per 10 acres) 48- Everett gravelly sandy l SYRERATE OS 1998 Designation: Open Space /Open Space Parcel No: 415334- 026102, 063105, 088107 Acreage: 16.92 acres Road Access: McKenzie Way, Pt. Roberts Land Use: Forest, Great Blue Heron Rookery Shorelines: N/A oam, hard substratum, 2 -8 % slopes Not prime Severe limitations, susceptible to erosion Not hydric, seasonal high water table Woodland and homesite use Enhance scenic resources Woodland buffer for residential pocket Protect Streams /Shorelines N/A P- -tect Soils and Wildlife t. it Blue Heron rookery Promote Conservation Principles Conservation of rookery and buffer zone Enhance abutting Open Space Contiguous w/WSDFW on south & east Recreation Opportunities Passive hiking, bird watching Historic /Arch. Significance N/A TOTAL Score Max 4.00 0.00 10.00 10.00 10.00 10.00 0.00 44.00 Public Benefit Value: Score Max 10.00 Public Access 40.00% McKenzie Rd. 10.00 Water Resource Protection 0.00% No ARA 10.00 Wildlife Habitat 20.00% Great Blue Heron nesting /roosting area 10.00 Parcel Size 8.00% 3 parcels =16.92 acres 10.00 Abutting Open Space 5.00% Contiguous on east & south w/WSDFW 43 ac 10.00 Natural Areas 5.00% 10.00 Financial Advantage 70.00 Discretionary Value 40.00% 20.00% 20.00% 10.00% - 40.00% 5.00% 5.00% - 30.00% - 40.00% 20.00% 40 + / -% 68.00% 140.00% Conditions: Must receive at least 45 points for approval Public Access Action: Sign Commission Approved 12/10/98 Hold Harmless Council 694A 439A -won A 24 IL .,w JL, JL -V L . 4z L HOFF FA 1998 WJIA TCOM CO UNTY OPEN SPA CE CLASSIFICA TION Property Owner: Robert & Lora Hoffinan Designation: OSFAC Protect Soils and Wildlife 932 W. Axton Rd. Open Space Farm & Ag. Conservation Bellingham, WA 98226 Parcel No: 390222 - 495035, 495100 Subarea: Cherry Pt- Ferndale Subarea Acreage: 6 acres Comp Plan Designation: Rural Road Access: W. Axton Rd. + 30' Easement Zoning Designation: R10A, 1 d.u. /lOacs. Land Use: Homesite, pasture, orchard Soil Type /Capabilities: 5.00 Shorelines: N/A 99- Lynden sandy loam, 0 -3% slopes, prime ag. soils }6 acres 165 -Tromp loam, 0 -2% slopes, prime ag. soils 103 - Lynnwood sandy loam, 5 -20% slopes - homesite and outbldgs area -13/4 acres 61 -Hale silt loam, 0 -2% slopes -pond and riparian area -2 acres Basic Value Score Max Public Benefit Value Score Max Traditional or potential farmland 13.00 Small orchard, pasture land, access easement Soil Value 15.00 100% prime ag. Soils Comprehensive Plan Designation 0.00 P TZ L _ance scenic resources 0.00 Protect Stream /Shorelines 3.00 Small pond 40.00% Protect Soils and Wildlife 3.00 No slopes or erosion risk, open water habitat Promote Conservation Principles 0.00 Conserving prime ag. Soils 20.00% Enhance abutting Open Space 3.00 Abuts OSAG to west and north Recreation Opportunities 2.00 Passive rec. activities, bird watching 20.00% Historic /Arch.Signiticance 0.00 N/A TOTAL 39.00 Revised ratings per PC 12/10/98 Conditions: Public Access Sign TT 'd Harmless 15.00 Public Access 20.00% 40.00% Public road and access easement 15.00 Water Resource Protection 4.00% 20.00% No ARA, small pond 5.00 Wildlife Habitat 10.00% 20.00% Riperian, edge type and orchard habitat 5.00 Parcel Size -1.00% 10.00% 9.75 acs., less pond, homesite=6 acs. - 40.00% 5.00 Abutting Open Space 3.00% 5.00% OSAG on 35% perimeter 5.00 Natural Areas 2.00% 5.00% Access road to adj. pond & orchard 5.00 Financial Advantage 0.00% - 40.00% 5.00 Discretionary Value 0.00% 40 + / -% 5.00 5.00 70.00 38.00% 140.00% Must receive at least 45 points for approval Action: Commission Approved 12/10/98 Council W]m :6[1 WHATCOM COUNTY OPEN SPACE CLASSIFICATION Property Owner: Subarea: Comp Plan Designation: Zoning Designation: Soil Type /Capabilities: Hoby Acres Association c/o Richard Anderson, vicepres. (360) 733 -8422 Lummi Indian Reservation Interim: Agriculture Agriculture Designation: Open Space I Parcel No: Acreage: Road Access: Land Use: Shorelines: HOBYFAC 1998 Farm & Ag. Conservation 380102 - 375120,395080 28 acres total South Red River Road Small clubhouse facility, otherwise vacant Rural shoreline designation #46 -Eliza siltloam, drained, 0 -1 %, not prime, hydric -75% #107 -Mt. Vernon fine sandy loam, 0 -2 %, prime, not hydric -25% Comments: w /adequate drainage crops are peas, sweet corn, beans, small grain and corn silage, red alder & hybrid poplar plantations. Basic Value Score Max Traditional or potential farmland 15.00 15.00 P '`z area of Red River 40.00% S. Value 10.00 15.00 Not prime but ok when drained Water Resource Protection Comprehensive Plan Designation 5.00 5.00 Interim zoning- Agriculture Recharge Area Enhance scenic resources 3.00 5.00 Public access to 800'rivershoreline Foraging & hunting area Protect Stream/Shorelines 5.00 5.00 Preservation of Red River Shoreline 10.00% Protect Soils and Wildlife 5.00 5.00 Anadromous fish habitat /Red River - 40.00% Promote Conservation Principle, 5.00 5.00 Raptor, swan & waterfowl area N /A, abutting Lummi Indian Reservation lands Enhance abutting Open Space 5.00 5.00 Lummi Indaan Reservation lands abutting Recreation Opportunities 5.00 5.00 Bird watching, nature observation, model plane aerobatics Historic /Arch.Significance 0.00 5.00 N/A Discretionary Value TOTAL 58.00 70.00 Public Benefit Value: Score Max Public Access 40.00% 40.00% 800' + river shoreline access Water Resource Protection 20.00% 20.00% Preservation of Red River Aquifer Recharge Area Wildlife Habitat 20.00% 20.00% Foraging & hunting area Parcel Size 10.00% 10.00% Total of 28 acres - 40.00% Abutting Open Space 0.00% 5.00% N /A, abutting Lummi Indian Reservation lands Natural Areas 5.00% 5.00% 85% in natural cover Financial Advantage - 25.00% - 40.00% Discretionary Value 0.00% 40 + / -% 70.00% 140.00% Conditions: Must receive at least 45 points for approval Public Access Action: Sign Commission Approved 1/14/99 Hold Harmless Council EF /I i •1 e 1 v n y++ •• d i ~I +�,� s w•�s' � E r� j /• � I + y a' �' - ry� � jam. "L - /I i •1 e 1 v n FIELD RULES FOR "HOBY ACRES" ( ACADEMY OF MODEL AERONAUTICS) WELCOME TO BELL - AIRFLYERS FIELD 1) Transmitters must be impounded at Field. 2) Users of this field must have in their possession a current stamped AMA card. 3) AMA safety rules are strictly enforced. 4) Guests of Bell - Airflyers may use this field three times prior to using this club. 5) Students learning to fly may fly free under the guidance of an instructor until they fly solo. 6) Spectators are welcome but must stay behind the flight line. 7) No field dues for juniors under 18 years of age. WHATCOM COUNTY OPEN SPACE CLASSIFICATION Property Owner: Subarea: Comp Plan Designation: Zoning Designation: Soil Type /Capabilities: Marvin & Geraldine Maddux 3457 Creasey Rd. Custer, WA 98240 Birch Bay- Blaine Subarea Rural R10A Designation: Open Space Parcel No: Acreage: Road Access: Land Use: Shorelines: #62 -Hale silt, drained, 0 -2 %, prime, hydric -20% #165 -Tromp loam, 0 -2 %, prime, not hydric -20% #149 - Skipopa - Blainegate complex, 0 -8 %, not prime, not hydric -60% Basic Value MADDUXFAC 1996 'arm & Ag. Conservation 400127 - 230215 wly. ptn. 18.5 acres Creasey Road 3/4 pasture, 1/4 open woodland N/A Score Max Public Benefit Value: Score Maa Traditional or potential farmland 15.00 15.00 Public Access 15.00% 40.( Historic use of farmland Dead end /Creasey Rd. Soil Value 7.00 15.00 Water Resource Protection 18.00% 20.( prime ag. Soils Tributary to California Cr. Comprehensive Plan Designation 2.00 5.00 Wildlife Habitat 10.00% 20.( Rural, but not subject to Ag. Protection Ov. Woodland, pasture & riperian habitat Enhance scenic resources 0.00 5.00 Parcel Size 8.00% 10.( N/A 20 acres less homesite -40.( Protect Stream /Shorelines 4.00 5.00 Abutting Open Space 5.00% 5.( Anadromous fish habitat, California Cr. Provides linkage w /OSAG Protect Soils and Wildlife 0.00 5.00 Natural Areas 4.00% 5.( N/A Diverse natural areas Promote Conservation Principles 0.00 5.00 Financial Advantage - 20.00% -40.( N/A Enhance abutting Open Space 4.00 5.00 Discretionary Value 0.00% 40� 40% abutting OSAG N/A Recreation Opportunities 5.00 5.00 Edgetype wildlife, pasture & open woodland Historic /Arch.Significance 0.00 5.00 N/A TOTAL 37.00 70.00 40.00% 140.( ublic;�Benefi`tfiatin: _ dal (BY*��BVx Conditions: Must receive at least 45 points for approval P•-V)lic Access Action: .1 Commission Approved 1/14/99 Hold Harmless Council . - ° T �'. z r{ � m •� .T ba0. - I � t a w� r =; L aTio-"I'l X,� it i�iY " -.ti '.�. -.dy r.� ... .i �Mi_ •'1 Tf'.. .. .. _f'•r.!}in w� r =; L aTio-"I'l MADD UX2 FAC 199< WHATCOM COUNTY OPEN SPACE CLASSIFICATION Property Owner: Douglas & Shirley Maddux Designation: 3485 Creasey Road Open Space Farm & Ag. Conservation Custer, WA 98240 Parcel No: 400127 - 230215 ely. ptn. Subarea: Birch Bay - Blaine Subarea Acreage: 12 acres Comp Plan Designation: Rural Road Access: Creasey Road Zoning Designation: R10A Land Use: half in crop, half in pasture Soil Type /Capabilities: Shorelines: N/A #62 -Hale Silt, drained, 0 -2 %, prime, hydric -20% #165 -Tromp loam, 0 -2 %, prime, not hydric -60% #149 - Skipopa - Blainegate complex, 0 -8 %, not prime, not hydric -20% Basic Value Score N-ax Public Benefit Value: Score Max Traditional or potential farmland 15.00 15.00 Public Access 20.00% 40.0 Historic use offarmland Fronting Creasey Road Soil Value 12.00 15.00 Water Resource Protection 8.00% 20.0 C ,rime Ag. soil Drainage to California Creek Comprehensive Plan Designation 2.00 5.00 Wildlife Habitat 8.00% 20.0 Rural, not-subject to APO Riperian & pasture habitat Enhance scenic resources 0.00 5.00 Parcel Size 3.00% 10.0 N/A 13.8 acres less homesite -40.0 Protect Stream /Shorelines 0.00 5.00 Abutting Open Space 3.00% 5.0 N/A Provides linkage with OSAG Protect Soils and Wildlife 0.00 5.00 Natural Areas 2.00% 5.0 N/A Open pasture Promote Conservation Principles 0.00 5.00 Financial Advantage - 10.00% -40.0 N/a Enhance abutting Open Space 4.00 5.00 Discretionary Value 0.00% 40 +, 50% abutting OSAG N/A Recreation Opportunities 3.00 5.00 Passive, bird watching, nature observation Historic /Arch.Significance 0.00 5.00 N/A TOTAL 36.00 70.00 34.00% 140.0( r c r *11 PJ ►1 I VJMK 7;T---] � 4ra .-; WHATCOM COUNTY OPEN SPACE CLASSIFICATION Property Owner: Subarea: Comp Plan Designation: Zoning Designation: Soil Type /Capabilities: Muriel Simmons 7634 Kickerville Rd. Blaine, WA 98230 Birch Bay - Blaine Subarea Rural 1.1 #13- Birchbay silt loam, 3 -8 %, prime, not hydric -30% #62 -Hale silt loam, drained, 0 -2 %, prime, hydric-30% #97- Laxton loam, 3 -8 %, prime, not hydric -30% #180 - Whatcom silt loam, 8 -15 %, not prime, not hydric-10% SIMMONS FA 199 Designation: Open Space Farm & Ag. Conservation Parcel No: 400132- 467465 Acreage: 29.75 acres, less 2 acres homesite Road Access: Kickerville and Arnie Roads Land Use: Vacant, treed, gently sloping Shorelines: N/A Basic Value Score Max Public Benefit Value: Score Max Traditional or potential farmland 4.00 wtial Water Resource Protection Soil Value 13.00 Prime soils over 415 area Wildlife Habitat Comprehensive Plan Designation 5.00 Ag. Soil overlay on rural Parcel Size Enhance scenic resources 5.00 Buffer to high density res. /west Abutting Open Space Protect Stream /Shorelines 0.00 Northernmost trib. Terrell Cr., no sig. Natural Areas Protect Soils and Wildlife 0.00 NM Promote Conservation Principle, 0.00 N/A Enhance abutting Open Space 2.00 50% abutting OSAG lands Recreation Opportunities 2.00 Possible passive, bird watching & native observ. Historic /Arch.Significance 0.00 NM 15.00 Public Access 5.00 5.00 5.00 5.00 30.00% 40.00% 0.00% 20.00% 15.00% 20.00% 10.00% 10.00% - 40.00% 2.00% 5.00% 4.00% 5.00% Financial Advantage - 20.00% - 40.00% Discretionary Value 0.00% 40 + / -% N/A TOTAL 31.00 70.00 41.00% 140.00% Kickerville & Arnie Roads 15.00 Water Resource Protection N/A 5.00 Wildlife Habitat Diversity of wildlife 5.00 Parcel Size 29.75 acres less 2 acre homesite 5.00 Abutting Open Space OSAG to north and west 5.00 Natural Areas Trees and vegetative cover 5.00 5.00 5.00 5.00 30.00% 40.00% 0.00% 20.00% 15.00% 20.00% 10.00% 10.00% - 40.00% 2.00% 5.00% 4.00% 5.00% Financial Advantage - 20.00% - 40.00% Discretionary Value 0.00% 40 + / -% N/A TOTAL 31.00 70.00 41.00% 140.00% 40 . I 1 IG'A TOP: I $P,Fi I 0 I I I A), 014, Foy - 07-i WHATCOM COUNTY OPEN SPACE CLASSIFICATION Property Owner: Tom & Veronica Burke 5.00 3079 Halverstick Rd. 5.00% Sumas, WA 98295 Subarea: Lynden - Nooksack Valley Comp Plan Designation: Agriculture Zoning Designation: Agriculture .Soil Type /Capabilities: 0.00 #79- Kickerville silt loam, 0 -3 %, prime, not hydric Basic Value Traditional or potential farmland Vacant pasture ,Q-" Value 1 . to ag. Soil Comprehensive Plan Designation Agriculture Enhance scenic resources BURKE FA 1998 Designation: Onen Space Farm & At!. Conservation Parcel No: 400405- 249481 Acreage: 14.82 acres less 1acre — homesite Road Access: Halverstick & Swanson Roads Land Use: Residential & vacant pasture Shorelines: N/A Score max Public Benefit Value: 10.00 15.00 Public Access 14.00 15.00 Water Resource Protection Aquifer recharge area 5.00 5.00 Wildlife Habitat 0.00 5.00 Parcel Size 15 acre nominal Score Max 30.00% 40.00% 15.00% 20.00% 5.00% 20.00% - 30.00% 10.00% - 40.00% Protect Stream/Shorelines 0.00 5.00 Abutting Open Space 5.00% 5.00% N/A Abutting three sides Protect Soils and Wildlife 0.00 5.00 Natural Areas 2.00% 5.00% N/A Natural grass /trees Promote Conservation Principle: 0.00 5.00 Financial Advantage 0.00% - 40.00% N/A Enhance abutting Open Space 4.00 5.00 Discretionary Value 0.00% 40 + / -% 75% surrounded by OSAG Recreation Opportunities 2.00 5.00 Passive, bird watching Historic /Arch.Significance 0.00 5.00 N/A TOTAL 35.00 70.00 27.00% 140.00% MAE ffmmmmm�� -A I-Vjj4r, zio I .;" WIIATCOM COUNTY OPEN SPACE CLASSIFICATION Property Owner: Richard & Mary Jellum 3080 Loomis Trail Road Custer, WA 98240 Subarea: Birch Bay - Blaine Subarea Comp Plan Designation: Rural Zoning Designation: R5A, 1 d.u. /5 acs. Soil Type /Capabilities: SCS Soil Rating: #165 -Tromp Loam, 0 -2% slope SCS Soil Limitations: Seasonal high water table Hydric: Not hydric Comments: Prime ag. soil, LESA Group 1 Traditional or potential farmland Traditional crop farmland Soil Value I`% prime ag soils l _iprehensive Plan Designation Rural Enhance scenic resources Protect Stream /Shorelines Small pond, ARA Protect Soils and Wildlife No slopes or erosion risk Promote Conservation Principles Pond w /aquatic habitat Enhance abutting Open Space OSAG at 50% ofperimeter Recreation Opportunities Passive recreational Historic /Arch.Significance N/A JELLRATE FA 19S Designation: Onen Space Farm & Ae. Conservation Parcel No: 400114 - 281088 Acreage: 4 acres Road Access: Access easement off Loomis Tr. Rd. Land Use: Hay/Pasture Shorelines: N/A Score Ma) 13.00 15.00 Public Access 5.00% 40.( Limited public access 15.00 15.00 Water Resource Protection 10.00% 20.( Small pond, ARA 0.00 5.00 Wildlife Habitat 12.00% 20.( Edge type & aquatic habitat 0.00 5.00 Parcel Size - 40.00% 10.( S ac -lacre homesite =4 ac -40.( 2.00 5.00 Abutting Open Space 3.00% 5.( OSAG at 50% perimeter 2.00 5.00 Natural Areas 0.00% 5.( 2.00 5.00 Financial Advantage 0.00% -40.( 3.00 5.00 Discretionary Value 0.00% 404 1.00 5.00 0.00 5.00 TOTAL 38.00 70.00 - 10.00% 140.0 9.92•A 9.9T -A y :7i J WM..LIAM3' it Y ?» x Z13 x 248 •Xrts y?,30 Vo via' x27�F O e 7 r O U ..ice .r ;.� -•.� � ••��g 1 - � Y �+ <:4 .� I +��{ �..,1 X44 \ l: ) l t y 5 6 e 7 r RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION Regular Meeting November 5, 1998 Page 1 CALL TO ORDER: The meeting was called to order in the Planning Library 5280 Northwest Drive, Suite A, Bellingham at 6:40 p.m. ROLL CALL: Dave Simpson, Bob Wiesen, Sam Crawford, Greg Rustand, Danna Beech, John Steensma, Rob Ney STAFF PRESENT: Elizabeth Olsen, Sylvia Goodwin, Sue Blake, Jane Doughty, Chris Spens- City of Bellingham Planning Department APPROVAL OF MINUTES: Crawford moved to approve the minutes of the October 8 and October 22, 1998 minutes as written. Wiesen Second. Motion Carried. Open Space - Open Space Applications Elizabeth Olsen presented the staff report. The first application is for your information only. The planning commission will not be processing the Bellingham applications but she wanted you to know they were in process. There are one or two open space applications within the city limits of Bellingham. There is one more to come, which is the SPIE property on 20' and Knox Avenues. The city council will process these. She has put the public benefit ratings in the packet for your information. They will apply to any open space open space and open space Ag conservation parcels you will look at. Simpson: Have the City open space applications always gone through the County Council. Olsen: In this case, the SPIE application went to the City of Bellingham. The SPIE application was turned over to the assessor's department. The county assessor's office is in charge of all open space programs. That is why the county and city jointly review applications in incorporated areas. Foster Application The Foster /Dakota Creek Golf Course application is a request for open space -open space tax relief. It requires public access, a signature and it has a different set of regulations from open space - timber. The Dakota Creek Golf Course came into being in 1988 and was put into open space -open space for the first nine holes. This application is for the second set of nine holes. Olsen showed on the map the current open space open space. The final plans for the entire golf course are to include the upper part in the northeast, plus a portion just south of the Haynie Road, near the parking lot, through which Dakota Creek runs. She has gone through the values and the scores. "rhe acreage is 97.7 acres. Crawford: This area is surrounded by R1 OA. Olsen: Yes. Simpson: Part of this was approved in 1988. When did the public benefit rating system go into effect. Olsen: At that time. She has a copy of the ratings taken at that time. The original scores for the first nine holes came in slightly lower because there was no other open space open space area around it. Haynie Road was not considered such a prime arterial road as it is today. Crawford: What was the score given under Financial Advantage, the use to which the land is put; what is that? Olsen: Minus seven, out of a possible forty. What she did was take the minus forty and in a worse case scenario, this use does nothing for the parcel or the owners, if you obliterate any advantages RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION Regular Meeting November 5, 1998 Page 2 put into the land. Crawford: The fact that this is a golf course, how does that make this a reduction. Simpson: Before the public benefit rating system came into effect, every piece of land that was rated under open space received the same tax relief whether they had a quarter mile easement road, to five acres behind their house with dogs in the yard, to beach access on Lummi Island. The public benefit rating system was developed so those parcels that truly benefited the public and allowed the public to use them were granted a higher tax relief. It could be for wildlife habitat, bird watching, etc. If people were deriving financial benefit from their property, they got a lower tax relief. Crawford: It is hard to quantify. A golf course could not exist without the land, so on the one hand, they should have maximum points. Simpson: That is why there is the point system for the different things. We are giving people a tax break for the public to benefit from using their land. In the old days it was for people to not develop the land. This law still exists on the books. Crawford: What more ultimate public access could you have with a golf course. He would like to know how staff is thinking about this. Olsen: Ms Foster will give you good information on the public access part. Simpson: Asked commissioners if anyone had a conflict of interest or appearance of fairness issues. Hearing none, he opened the public testimony. The public testimony portion opened. Pam Foster, 3258 Haynie Road, Custer. She came prepared to tell you what they do on behalf of the public. We have three days totally donated to charity. We donate the course to the Red Cross. The get the use of carts, the course and don't pay a thing for their benefit tournament. They do this every year. Arroyo Kids Camp benefits from a tournament they hold to raise approximately 5,000 dollars a year. We have 45 kids in Mexico that we 100% support. When we go to Mexico, it is money out of our own pocket, not donated money. This year we raised $14,000 to support these kids. Blaine School District's varsity kids play at Dakota Creek at no charge. Other golf courses charge the district. The "JV" kids, about 20 per week, play for three months. They don't charge them. They donate other time to other school districts. Busses come from other districts to look at the fish in the creek. The horticulture class at Blaine does projects in the creek. We let the fisheries department the Washington State Fisheries department uses the course and they have turned over five acres along the creek for their salmon enhancement program. This is for displaced fisherman to enhance the creek. That is some of their good will efforts. They are a rural golf course with no homes in the area. They haven't made any money yet, but hope to next year. Beech: If she were to drive out there, could she walk around anywhere. Foster: No, because of safety issues only. We let people wander in the five acres, but because of golf balls flying around, she has to say no to just walking around. Wiesen: What is the yearly gross income from the course. Foster: Asked if she needed to state that on the public record. Her net is zero; it is a tough way to make a living. Simpson: That is not applicable to this matter. RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION Regular Meeting November 5, 1998 Page 3 Wiesen: What are the taxes now. Foster: Did not come prepared to tell you, sorry. Thinks it may be about $13,000 per year. Simpson: We used to get those figures, but some time back we asked staff to not provide us with that information. Foster: It was in open space, then it was taken out, and now we are asking to have it be put back in again. Thought all the golf courses were in open space. Simpson: Some golf courses are in open space under the public benefit rating system. The amount of tax relief varies from course to course. Foster: People hunt on the property, but we discourage people from hunting on the course when golfers are out. Crawford: Wants to read a pre- requisite as far as public access goes, reading from page 12. Have you signed this document and do you have a plan to allow people to utilize this for bird watching, scientific investigation, picnicking, scenic observation during daylight hours. Foster: Is not sure if she signed one of those so cannot answer directly. People are allowed to picnic, stroll, and use reasonable conduct. We do have general rules of conduct that employees do enforce. Crawford: The form would be accompanied by your proposed rules of conduct and rules for public access in this case. The public testimony portion closed. Work Session on Foster Application Crawford: Moved that the commission approve the staff recommendation and OK the application. Rustand Second. Simpson: Recreation Opportunities has been given a score of ten of ten and he doesn't feel that it is appropriated since recreational activities are limited. In some instances you need to pay to play. Public access is limited, and 37 out of 40 is high. He thinks 20 would be more appropriate. Under financial advantage, he asked for data from staff concerning other open space golf courses in the county. He asked Olsen for the scores for those that were totally in the county. Olsen: Has the figures for Homestead, but not golf courses just in the county. Simpson: Homestead is inside the Lynden city limits. Olsen: Shuksan Golf Course has also applied for open space. Simpson: The commission in the past has gone around and around on golf courses as open space. There is some public benefit in that they are green, undeveloped, but they are really developed and a money making enterprise. It would be to the new commissioners' and the commission's advantage to have historical data on open space. Moved to table this item until this documentation is found. Goodwin: Do you know of golf courses that were processed as open space, other than Homestead. RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION Regular Meeting November 5, 1998 Page 4 Simpson: They have come before the commission in the past. We had discussions about golf courses, particularly golf courses under the public benefit rating system. The public benefit rating system is different from other open space applications. We should look at Homestead golf course even though it is in the city of Lynden. Steensma: Is the tax relief based on the numbers, so if it changes from 90 to 80 that is less tax relief. Simpson: It is based on the rated score. Beech: It needs 45 to pass. Simpson: The public benefit rating system was a mechanism to weigh parcels as to their public benefit and take them partially off the tax rolls and giving the property owner tax relief. The open space law was passed to have people voluntarily put their land into a non - developable status and get tax relief for doing so. The benefit that the public got for that was that the land wasn't developed for about 10 years. Beech: On page 10, #5, the total public benefit value will increase or decrease by a certain percentage. It is possible to obtain a public benefit value of up to 140 %, so they can get a maximum value. Crawford: Speaking against the motion to table, even though there should be no discussion regarding a motion to table. He is satisfied with the examples of public access and would like to see the motion withdrawn. He would like to proceed with his original motion. Simpson: Motion to table withdrawn. Crawford: Rather than just make this a yes, no thing, we really need to look at the numbers. This is going to affect the taxes for the county and the individual making the request. Simpson: The county has a certain amount of dollars it needs to collect. If you give someone tax relief, the amount of taxes get shifted to the rest of the population. You need to weigh what the public is getting on the one hand versus whether having others pay the difference is worth it. Crawford: It seems like it should be a coordinated effort between PDS and the assessor's office. How do these numbers translate into tax savings to the landowner. Can we have the assessor here to analyze these with us. Simpson: Staff would need to look at these, and they especially need to be looked at in light of the growth management act. The open space act was passed to ensure open space. The last six years of growth management have made it clear that we will have open land because of the law. There are lots of different kinds of open space. It is not totally obsolete, but it does need to be looked at. The assessor could calculate the tax both ways. Crawford: What if we moved to approve this with a cap on the annual tax relief. Wiesen: Moved to postpone a vote on this application and the other open -open space applications to get more information. Moved to continue them to the December 10, 1998 meeting, in the afternoon. Simpson Second. Crawford: We don't have a complete understanding of the financial implications of this application. One open space application should not be held up because we don't understand how to approach this. We should give staff direction on how we want to proceed with these in the future. RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION Regular Meefing November 5, 1998 Page 5 Rustand: What are the feelings of the applicant. Would she be willing to wait. It would be to her advantage in this instance. Olsen: Suggested having Mr. Willnauer give an overview of open space -open space at you meeting on November 12 and vote on this and the others at the December meeting. Goodwin: We have several minor text amendments scheduled for December, but we could fit them in on that date. Crawford: If the time and date certain is December 10, 1998 at 1:30 p.m. in the afternoon, then he will withdraw his motion also. Simpson: Asked Goodwin to contact the assessor and invite him to attend on November 12 to give a brief session on how open space -open space works and the specific tax benefits to those who have their land classified this way. Someone from his staff who administers open space could come if the assessor is not available. Goodwin: Yes, we will do that. Ney: Have you any idea whatsoever what the difference is in a few points. When he looks at this, he thinks it is pretty close. He can agree with this but doesn't know if he needs the financial incentives to make a determination. Olsen: There is one more point Ms. Foster would like to make, that she forgot to make earlier. Foster: We do open in the winter for kids sledding and cross - country skiing for free. In addressing the pesticide issue, we do not use any restricted -use pesticides ever, only fungicide for the greens. She thanked commissioners for their time and reminded them that she will not be here next week. Motion to continue carried. A short break was taken. Lake Whatcom Presentation by Sue Blake and Chris Spens Blake: She is here, along with Chris Spens from Bellingham to let you know what the Lake Whatcom program has been for 1998, a little history, and what is proposed for 1999. Land use is clearly a big topic for you. Before 1990 many plans were developed over the decades. There was no long term agreed upon strategy for management of the lake. There are many things going on with the lake involving many jurisdictions and the planning commission has a direct and indirect interest and involvement in the program. We have not had before now a long term, inter - jurisdictional strategy for the lake and one that folks stick to. Hopefully, we do have that in place now. The management committee composed of the Mayor of Bellingham, the County Executive and the Manager of Water District 10, have been struggling with how to manage the lake together. They drafted goals and policies that were adopted by city council, county council and the commissioners of Water District 10. In 1990 -1992 the emphasis was on protection, not on treatment of the lake. The dilemma is what exactly is the water quality in Lake Whatcom. Development does impact water quality. There were water rights concerns also. There are many questions regarding water rights, protection, endangered species, water quality and watershed planning. The diversion from the Middle Fork of the Nooksack and whether it will still be there in the future is also a question. What does that mean in terms of water quality. The Lummi On- Reservation negotiations are continuing and there may be changes in the future. The city has already changed how they are operating the diversion RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION lar Meeting December 10, 1998 CALL TO ORDER: The meeting was called to order at 1:35 P.M. in the County Council Chambers, 311 Grand Avenue, Bellingham. ROLL CALL: Rob Ney, Greg Rustand, Dave Simpson, John Steensma, Bob Wiesen, Dick Gilda, Sam Crawford. STAFF PRESENT: Elizabeth Olsen, Sylvia Goodwin, Matt Aamot, Jane Doughty, Dave Grant - Legal, Michael Knapp APPROVAL OF MINUTES: Rustand moved to approve the minutes of the November 5, 1998 meeting as written. Ney Second. Motion Carried. Simpson: Questioned Goodwin and asked for enlightenment on the subject of the Birchwood Neighborhood Association's possible appeal of the Planning Commission recommendation concerning Gateway Industrial zoning at 1 -5 and Bakerview. Goodwin: Will try to enlighten commissioners. She heard that there is someone talking about appealing the planning commission decision regarding the Gateway Industrial zoning. Doesn't see how a planning commission decision can be appealed because it is not an official decision until the County Council confirms it. You are only an advisory board to the County Council. There will be no decision on the Gateway zoning until probably April. Simpson: They did not want to wait until April and were going to proceed with an appeal to the Growth Management Hearings Board. Goodwin: Doesn't believe there is a legal opportunity to appeal a decision that is not a decision. In other matters, the County Council adopted the interim development regulations last Tuesday night as final development regs. A repeal of the right to farm ordinance was made without a lot of discussion. Several people have pointed out that this is a mistake. There is discussion of reconsideration. She will keep you posted. The full text of the ordinance is not edited yet. We had hoped to have covered all of these. Rustand: This last week or week and a half, your staff has spent time getting us together with the Lummi's. Most of us were set to go ahead. Why was the meeting cancelled? Goodwin: The meeting was cancelled at the request of the Lummi Planning Department. They weren't ready to have a joint meeting because they weren't ready to give us a copy of their plan and they have been working on it for a long time. They have to be ready to share the plan with the public, and at this time, there is still internal review happening. Rustand: Until that happens, we will be at a standstill, correct? Goodwin: The County Council opted not to extend the Lummi Interim Zoning for another year. Goodwin is to bring back an ordinance adopting final zoning for the Lummi Nation by the end of this year. She will do the ordinance and take it to the County Council as an emergency ordinance. They are going to adopt it, change it or modify it and they will refer it to you for hearing after that. That is the process for an emergency ordinance. She notified the Lummi's this afternoon. She talked with their new planner, Ed Good, who said he would pass the information on. The message the Council is giving is for 25 years we have attempted to do joint planning, and over the last year we had a number of joint planning meetings. It didn't appear that we were making any progress and they wanted to see something adopted finally. That was what they said is to adopt final zoning. What she is proposing is to adopt zoning equivalent to what is in place now and that permanent zoning is only RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION Regular Meeting December 10, 1998 Page 2 permanent until it is amended anyway. At such time as we finish our joint process with the Lummi's, we will amend the zoning. Rustand: Is that not wasting your time and our time. Goodwin: That is not really her decision, but it was the Council's decision. That might get us off dead center and get us moving. She will comply with the Council's request. Gilda: Asked about the Swinomish agreement. Goodwin: We do have the interlocal agreement that says we will look at joint planning process. The Lummi plan was to be done in August. Commissioner Simpson introduced the new commissioner, Dave Pros. Crawford: Asked staff about parking for commissioners when we have a day -time meeting at the Council Chambers. Goodwin: Staff will check with Facilities Management about that. Open Space Applications Foster Application Elizabeth Olsen presented the staff report. She noted the public benefit of strolling near the greens, cross - country skiing and bird watching. There is a tributary of Dakota Creek which is a spawning area looked after ')y school children. This is where we stopped at the last meeting to find out what other golf courses had given to the public in return for the open space -open space benefits. Crawford: There were two things we were looking for; one was a point by Commissioner Simpson to look at Homestead Golf Course. He is thinking more in terms of taxes. Mr. Willnauer gave an overview of open space -open space. Are you going to let us know what the tax benefit is to the applicant and the county? Simpson: Willnauer did come and talk to us but you were gone. He didn't say one way or the other how he felt, he told us how he administers the program. The public testimony portion opened. There was no testimony. The public testimony portion closed. WORK SESSION on the Foster Application Simpson: Moved that the score on public access be .lowered from 37% to 20 %, the financial advantage be changed from minus 20 to minus 30 and the discretionary value to equal zero. Gilda Second. Simpson: His rationale is that it is a money - making business. Golf courses are pay as you go. They do donate a certain amount of time. The applicant when she testified earlier made some compelling arguments. He felt that 30 was sufficient and that she should not be penalized the whole 40 %. Crawford: Have you multiplied this out, he came out with about 60. Simpson: If we hadn't received the testimony, he would be looking at this differently. Wiesen: Agrees with Chair Simpson. Olsen: There is an uplift of the land that will stay in timber. Gilda: What percent is left in trees. Olsen: A good third. Ney: Amended the motion so it would be a motion to approve the application as amended with the previous motion. Motion Carried, with Crawford and Gilda Abstaining. RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION lar Meeting December 10, 1998 Page 3 The public hearing was re- opened. Syre Application Elizabeth Olsen gave the staff report. It is a major portion of the heron rookery. This 16.92 acres will keep the rookery safe. It is currently forested. To the west is a possible golf course. This is part of an on- going accumulation of land to protect the rookery. The public testimony portion opened. There was no testimony. The public testimony portion closed. WORK SESSION on Syre Application The chair will move to approve the application as submitted. Rustand Second. Motion Carried with Crawford abstaining. The public hearing re- opened. Jellum Application Elizabeth Olsen presented the staff report. This property is good prime soils. The owner is not happy with public access. In going over the scores, the property did not meet the requirements, in spite of having Ag land beside it. Ney: In looking at the aerial, there is no forested land, and the lake is man -made which the owner would begrudgingly provide access to. The public testimony portion opened. There was no testimony. The public testimony portion closed. WORK SESSION on the Jellum Application ' � CA�Se,(dAA.OW Ney: Moved to concur with staffs recommendation for denial of the open space-e application. Gilda Second. Motion Carried with Crawford Abstaining The public hearing re- opened. Hoffman Application Elizabeth Olsen presented the staff report. The original application was for three five -acre parcels. The Hoffman's tried very hard to put in an orchard. The top portion failed and now most of the orchard has withered and died, except for the eastern portion. The Hoffman's have not managed to make a living from it. They want to open their land, keep the thriving orchard and keep the land basically in AG conservation. They are willing to have the public on their land. There is very little open space around them. Crawford: What type of fruit do they raise. Olsen: Mostly apples. Steensma: This long rectangle is 10 acres. It is the back 6 acres. How many total acres are in the application. How does the public have access to the back. Olsen: There would be a total of 8 acres. There is a lane that goes to the top. Simpson: They can take up as high as 6 acres for house and out buildings and as low as one acre. RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION 'Regular Meeting December 10, 1998 Page 4 Gilda: Less the pond and home site. Olsen: The part of the pond that is not included is the part directly in front of the house. The public testimony portion opened. There was no testimony. The public testimony portion closed. WORK SESSION on the Hoffman Application Simpson: Is this pond fed by a stream. Moved to increase the streams and shorelines from 2 to 3, protect soils and wildlife From 2 to 3 and wildlife habitat from 9 to 10, is assuming a water fowl habitat. Rustand Second. Simpson: This individual has created a wetland. Olsen: Yes, she saw a muskrat and blue herons there. If you look through the guidelines, it is what they have done to enhance the natural soils. They have chosen to let the land lie fallow. There is a certain manner or form that they might have done, but they didn't. Simpson: The amount of tax that they would defer would be minimal, but their riparian habitat it is in the flyway and will be used by a number of winged fowl. Steensma: Where is the flyway. Olsen: There is a specific flyway that the conservation people see more girds coming through because of the wetlands. Steensma: Under soil values, if it is prime Ag, it should be reduced to five. Olsen: Prime Ag could be good for some and for others perfectly awful. These people put in root systems that would not work with these soils. There are rules and regulations in place for public access. Steensma: In the Open Space Farm and Ag Conservation, do you have to post a sign. Olsen: Yes. Simpson: All open space except Ag Open Space has to be posted and open to the public. For the past 12 years, he has been asking staff to compile a book of open space areas where people can go. He has been on parcels where he reminded the owner that they are in open space. Olsen: We don't have the time or money to police the open space areas. There is no fine or strength in the ordinance. Crawford: The tax assessor could easily publish a list of open space lands and forward it to county parks. Gilda: Made a friendly amendment to move public access to 20. OK with motion maker. Ok with second. Chair Simpson: Moved to concur with the staff recommendation as amended. Motion Carried with Steensma and Ney Opposed and Crawford Abstaining. Simpson: Recommended to Commissioners in light of the Growth Management Act and goals, to revisit the oublic benefit rating system in light of Open Space Ag, Farm and Ag classification. We did not change the :riteria and need to look at it as a whole comprehensive deal. File #71 -982T - Amending the text of the official Whatcom County Zoning Ordinance, Title 20, Chapter 20.65 to expand the uses allowed by Neighborhood Commercial and Tourist Commercial beyond the present'/ mile radius of freeway interchanges. RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION Regular Meeting January 14, 1998 Page 1 CALL TO ORDER: The meeting was called to order at 1:30 P.M. in the Planning Library, 5280 Northwest Drive, Suite A, Bellingham. ROLL CALL: Danna Beech, Sam Crawford, Cheryl Ferrier, Rob Ney, Dave Pros, John Steensma, Greg Rustand STAFF PRESENT: Sylvia Goodwin, Kraig Olason, Jane Doughty, Matt Aamot, Dave Grant -Legal APPROVAL OF MINUTES: Beech Moved to approve the November 12, 1998 minutes as written. Rustand Second. Crawford: Noted a correction on Page 10, fourth line from bottom, strike "He sounds" and add "His intention is not to sound "...and continuing to the end of the sentence. Motion Carried with Ney, Ferrier and Pros Abstaining. Rustand Moved to approve the December 10, 1998 minutes. Ney Second. Motion Carried with Pros and Beech Abstaining. Annual Business Meeting Crawford: This is also our annual business meeting, so we will have a discussion of the business rules and elections today. Election Results 1999 Chairperson: Sam Crawford 1999 Vice - Chair: Rob Ney Business Rules Crawford: Took a look at the business rules and made some changes, which are noted by the underlined and stricken material. He reviewed his changes with commissioners, suggesting that the actual voting on them take place at the January 28, 1999 meeting. Rustand: Asked if the business rules can be made available at each meeting for people to have before the meeting starts. Crawford: Added a whole new section 10. Beech: Thinks that "at the discretion of the Planning Director" may limit the information going to the County Council office. Crawford: His intent is to not open a can of worms, but to accurately report the proceedings. He suggests at this time to eliminate the second sentence of the new proposal. Pros: Suggested in 10b, that the Chairperson be the person going before the Council. Crawford: In the two years he has been on the commission the closest he has been to this, was our decision on the Gold Star property. "rhe practicality is that if an individual feels strongly about this that he /she would go to the PDS Committee meeting. Pros: It should be at the discretion of the chair to approve someone going to the meeting. Crawford: We will finalize these at the next meeting. RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION Regular Meeting January 14, 1998 Page 5 WORK SESSION Beech: Moved to accept the staff recommendation for File #53- 98:ZT. Ferrier Second. Motion Carried. Open Space Applications Lummi Nation Application Elizabeth Olsen presented the staff report. She asked to take the applications out of order and start with the Lummi Nation Open Space -Open Space application. She noted on the topographical map the area being requested. It was originally forest land, then Crown Pacific land, Nature Conservancy land and lastly Lummi Nation land. Entrance into this land is from Skagit County, on logging roads. It is hard to define endangered species because there are no provisions for this area. Lummi Nation has used this as a cultural and spiritual healing area especially in the winter time. The land has mostly been forested before it was purchased by Lummi Nation and does include the headwaters to Arlecho Creek for spawning. Public access is difficult. There is some old growth there. Crawford: When did the Lummi's buy the land. Johnson: December 27, 1997 The public testimony portion opened. Skip Johnson, 1503 E Street, Bellingham. He is an attorney for the Lummi Nation. There are a couple of things he wants to point out. The map that you have has a slight error in boundaries as are the acreages. The acreage is 1654 not 1625 as noted in the staff report. Arlecho Creek has had a lot of interest in the past few years. The County Council asked DNR to protect the basin. The Lummi Tribe in conjunction with the Nature Conservancy put together a proposal to buy- the property from the Forestry Foundation with grants. The remainder of the land was deeded to the tribe in conjunction with the Nature Conservancy in exchange for a conservation easement. Basically it prevents development of the property. It will be forever a forest preserve. The Nature Conservancy calls for very restrictive access to their property. The public access system has been developed as trails already and by logging roads. The agreement with Nature Conservancy has all the logging roads disappearing by the year 2000. The boundary logging roads will remain. It will then be open space forever. Wiesen: Will there be limitations to public access. Johnson: The Nature Conservancy has set significant limitations to the property. Crawford: Will there be potential for logging. Johnson: The Conservancy has provided for thinning of stands, but not commercial logging. The surrounding area is owned by people in the business of logging. Beech: The requirement signage won't take place then. Johnson: There are some sign requirements connected with the public access area. Mr. Paul Allen wanted a sign noting his participation. There is a system with the Conservancy to get people in and out using a permit process. Beech: If you didn't have a permit you would be trespassing. Johnson: Yes. Crawford: The staff report shows zero for public access. The approval is based on the other public benefits than public access. Steensma: How many acres are allowed for public access. Johnson: Didn't have that information available. Pros: What portion will be accessed that is Lummi land. There are areas there that no one will be allowed on, is that what you are saying. Johnson: The Nature Conservancy puts restrictions on what we can do with the property. The public testimony portion closed. RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION Regular Meeting January 14, 1998 Page 6 WORK SESSION Crawford: This score is about 81. It seems to him that rating access will not be a priority. All of the other categories have their weighting. If we push the issue of the signage, then we are weighting the access more heavily. Access to this property is not going to be this property's strength. What is the tax advantage? What is the land now? Olsen: It is being taxed as commercial forestry property. Wiesen: The commercial forest land is taxed when the land is harvested. Johnson: This area is quite high and it will take 150 years for the reforested trees to reach harvestable size. Wiesen: How much county money went into the purchase of this land. Johnson: None, you are thinking of the Canyon Creek area. Ney: Thinks there is some benefit into locking this into open space. The Conservancy folks have locked things in already. Olsen: The Lummi Indians do not want their cultural lands trod on. Thinks some of this area could be considered archaeological. Ney: Is there an absolute requirement for public access in this regard. Olsen: If there are areas of preserved archaeological significance known or potentially known, the department shall recommend approval and not having a sign is an option. It is very hard to get to this area. Ney: Moved to make the recreational opportunity score to zero, making the score 53 %, so the overall public benefit will be 81.09, and do this without a sign. Wiesen Second. Pros: We have certain criteria to work with now, but if the criteria changes, do we revisit these? Wiesen: No. Goodwin: We have to decide on the applications within six months of applying. Beech: Basically they are paying $1625 per year for taxes. Now they will get a 25% break. Steensma: Thinks it worth a lot to preserve the headwaters of Arlecho Creek. Crawford: You can vote no on the motion and entertain another motion. In the two years he has been on commission, the point system is problematic. The rating system tries to put quantitative point system on touchy -feely things. Motion Carried with Pros Opposed and Beech Abstaining. Johnson: One thing he didn't point out is that the state has a conservation easement and conservation protection statute which allows certain organizations to own land tax exempt if it is held if its held for the purposes that this conservation easement imposes. Tribes are entities that can hold land under this statute. We could set up a state non - profit corporation called Lummi Tribe Holding Company and go off the tax roles. This is one of those difficult things. Olsen: Asked commissioners to pull the Shuksan Investments. The other four are straight forward. Maddux Application Olsen presented the staff report. This is Open Space Ag converting to Open Space Farm and Ag. It is half- and -half prime Ag soils, with California Creek running through it. Steensma: Why are they pulling out of Open Space Ag. Olsen: They are not farming it at the moment. It is pasture. RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION Regular Meeting January 14, 1998 Page 7 Beech: Will they get a greater tax break by moving to the other classification? Ferrier: They just won't have to farm the land. Crawford: Have you discussed public access with the Maddux's. Olsen: They would have to provide parking and yes she has talked with them. The public testimony portion opened for both Maddux portions. There was no public testimony. The public testimony portion closed. WORK SESSION Beech: Moved to accept the staff recommendation to move these parcels to Farm and Ag Conservation. Ferrier Second. Motion Carried. Hoby Acres Association Application Olsen: This application is a mobile mini - airplane landing field on the Lummi Reservation on South Red River Road. The land is open and there is nothing in the way of crops, although it is agriculturally zoned. Regular crops are grown on land rented by the farmers. It is a beautiful place to go. A lot of people take their model airplanes out there to fly them. Crawford: Why are they going for Open Space Farm and Ag rather than Open Space -Open Space? Olsen: Because it is agriculturally zoned land and Ag land can be transferred to Open Space Ag Conservation. The public testimony portion opened. There was no public testimony. The public .testimony portion closed. WORK SESSION \Wiesen: Moved to accept the staff recommendation. Beech Second. Motion Carried. Tom and Veronica Burke Application �aI Vers%L*c V , Olsen: This property is up near Road. It is a piece of land that has not been used for pasture or farmed in any way. They used to raise pheasants in this area. They have asked for Open Space Farm and Ag Conservation. This is because they do enjoy having people come onto the land. Ney: Why did you rate this so high in the aquifer recharge area. Olsen: It is one area to keep clean for the upland drainage. Wiesen: Is there a house on the land. Olsen: Yes, in the northern part. The acreage should be 13.82 not 13.42. At one point they were raising pheasants, but are not farming now. The public testimony portion opened. There was no public testimony. The public testimony portion closed. WORK SESSION Ney: Moved to change the basic values to 10, public benefit value, water resource protection, change to 15 and parcel size from —20 to —30 which creating a score of 44.45. Steensma Second. Motion Carried. RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION Regular Meeting January 14, 1998 Page 8 Simmons Application Olsen: This is in Open Space Ag presently. This is a messy piece of land mostly treed, she could not see where it has been farmed and have requested a crossover to Farm and Ag Conservation. There is a creek running through it. The property abuts UR -4. If it can be kept in some Ag, that would make a good buffer to keep rural from the Birch Bay Urban Growth Area. There is open space land to the north and the west. It is basically vacant land. There is a tributary to Terrell Creek running through the property. Ferrier: Thinks it would be a great buffer. The public testimony portion opened. There was no public testimony. The public testimony portion closed. WORK SESSION Steensma: Suggested changing prime soils to 4. Ferrier: That area has strips where the land is good, then bad, then good again. Crawford: Suggested that #1 be changed to 4. Ney: That makes the final score 43.71. Ferrier: Moved to change the rating to 43.71 leading to not recommend this for approval. Beech Second. Motion Carried. The meeting recessed at 5:43 P.M. CALL TO ORDER: The meeting was reconvened at 6:37 P.M. in the Planning Library, 5280 Northwest Drive, Suite A, Bellingham. ROLL CALL: Sam Crawford, Cheryl Ferrier, Rob Ney, Dave Pros, Danna Beech, Bob Wiesen, Greg Rustand STAFF PRESENT: Sylvia Goodwin, Kraig Olason, Dave Grant - Legal, Jane Doughty PUBLIC HEARING File #75 -98:ZT — A County Council initiated emergency Comprehensive Plan amendment and zoning map /text amendment options to respond to citizen concerns regarding the need for public sewer to address public health issues relating to failing septic tanks in the area of Drayton Harbor. The area specifically under review is Section 13, Twn. 40, R1 W and Section 18 Twn. 40 R1 E, W.M. Kraig Olason presented the staff report. He gave a brief background. This staff report is ...options for the Drayton Harbor area to be incorporated into a short term planning area either Blaine's or Birch Bay's. Portions of section 18 have already been incorporated into Blaine's short term planning area. tape. The remainder of the area has no sewer. There are complications for on -site septic... tape... Drayton harbor has been downgraded and the county was ordered to a shellfish down grade. The county went up ... tape. into the areas drained by California and Dakota Creeks. The zoning for the most part is UR -4 and has been for quite a while. This has been suburban for quite a while. The area stayed static except for areas of Harborview Road, Birch Bay Village and Semiahmoo areas. As staff reviewed the proposals, the request was to take the sections 17 and 18 into Birch Bay's ........ The rest was in long term planning area. The dark is the city linmits. We reviewed the comp plan policies regarding stpas and moving from one to another. Another issue is the on site septic problems. There were 276 septics reviewed and 56 were failing. All but three have been fixed. In checking with the health departmenmt, all the three are ok for on site septic, There was also money from the state to fix failing systems. At this point, it is ... to incorporate the area into an stpa. The population density is low because of the on site septic problems and all of the wetlands there. We need to ... tape ... based on criteria established with the com pan. As we move into the analysis of the proposal, there is no basis to go from long term to short term. There are difficulties with EXHIBIT &R11 1995 SUMMARY OF WHATCOM COUNTY OPEN SPACE POLICIES I. %hlic Renefit Rnting,Sy_gem! 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. Pnhlic access: 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. III, Oren Space 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 11 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. Hnld Harmlem Agreement! 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. N I. APPROVAL CRITERIA: OPEN SPACEIOPEN 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. H. 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 Spard Open SOT re and Open Snacp /Farm & Agd ilture Cancervation 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 redu . ction for Open Oar ee /Open Snacp and O_ mnn,Snace /Farm & Agriculture Cnmervatinn parcels. 3 III. PUBLIC BENEFIT RATING CALCULATION A. BASIC VALUE The Planning and Development Services Department will review each 024ien Snare \C)nen Snare and Onen Snare Mann & A¢rien1hire (_nncervatinn 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 RF.NEWIT RA will be calculated using the following formula: PBR= BV +(BV X PBV), where: l' pro ►I DIY I► ' : l: ►1 DIY 1 IV. BASIC VALUE CRITERIA: A. Opener part -10pen Spare A maximum of ten points for apen� --pacelopen spare applications may be assigned for each of the 7 items based upon conformance with the -criteria listed below. 1. Conserve or enhance natural, cultural or scenic resources. Criteria for 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, 4 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: �z 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 approval: 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. Criteria for approval: a. lands which are an example of application of conservation principles; b. lands which offer opportunities for conservation education such as 5 interpretive centers or trails. 5. Enhance the value to the public of abutting or neighboring parks, forests, wildlife preserves, nature reservations or sanctuaries or other open spaces; Criteria 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 for annr 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. 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. li Wa rMI Ur r i r i i Only parcels consistent with RCW 84.34.020(8)(a)(b) may be considered for Open Space /Farm & Agriculture Conservation. 0 A maximum of fifteen (1 5) points for Opp en Snare/ Farm & Agricultu [_oncervation applications may be assigned for each of the first two (2) items listed below, and a maximum of fives points may be assigned for the re-maining Agh (9) items listed below based upon conformance with the criteria listed. 1. Traditional or potential farmland. Criteria for approval! 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- according to the US Department of Agriculture Land Capability Classification system. 3. Comprehensive Plan Designation Criteda for approval: Lands which are designated Agriculture or Incentive Agriculture in. the Whatcom County Comprehensive Plan. 4. Conserve or enhance natural, cultural or scenic resources. Criteria for 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. 7 5. Protect streams, stream corridors, wetlands, natural shorelines and aquifers. Criteria fnr 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 sensitivi- ties). 6. Protect soil resources and unique or critical wildlife and native plant habitat. Criteria for annrnval: 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 for approval: 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. 8. 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 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 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 fnr 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. Criteria for annrnval_ 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. z 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 BENEFIT VAI TTF, for each Open S =narp /Op S Open .pace and znare /Farm & Ag riculture Cnncpr ntinn application. The total PUBLIC BF.NFFIT VAI 1F. will increase (or decrease) the BASIC VAT T by a certain percentage. It is possible to attain a PTIBTJC RENEFIT VALTTF of up to 140 %, resulting in a maximum possible increase of 140 %. A. PUBLIC ACCESS (Maximum 40% 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 20J% 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 (Max'unum 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 1Q% increase) 2. Smaller than five (5) nominal acres (Maximum lift% decrease for OS Open Space applications; Required 40% decrease for OS Farm and Agriculture Conservation applications) E. LINKAGE WITH OTHER OPEN SPACES (Maximum 5_ lut 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 5-% increase) Based on how much of parcel is in natural cover and not developed with homesite, outbuildings, and clearings. G. FINANCIAL ADVANTAGE (Maximum 4ft% decrease) The use to which the land is put derives a financial advantage for it owners. H. DISCRETIONARY VALUE (Maximum 4ft% increase) (Minimum 4ft% decrease) 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 11 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 acces?'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 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 OWNER 12 SIGNED BOLD 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 14 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 SignPolicy 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: Assessor's Parcel Number: I understand that it isthe property owner's responsibility to assure that the sign 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; andthat failure to maintain the sign is a violation of the terms and conditions 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 I 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. Dated Signature of Seal Notary Public Title My appointment expires 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. 13 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 w N ground level 2 feet ( space for posting rules ) % inch plywood 2" x 2" posts