HomeMy WebLinkAboutord1995-040WHATCOM COUNTY COUNCIL AGENDA BILL NO. 93--30-8-
CLEARANCES
Initial
Date
Date Received in Council Office:
Agenda date
Assigned to:
Originator: Jeff Griffin
Zf Qs
- ,1. ;i'
) �%
Ui� L 6 5905
I'1�
iJ '
7 / 9 5
PLANNING &DEVELOPMENT
Division Head: DanTa for .
b 'C�
7 * 95
Counci Introduction
Dept. Head: Nate Brown
8/1/95
Council
Prosecutor: Karen Frakes
8/15/95
Plannin Council
Purchasing/Budget:
Executive: Shirley Van Zanten
SUBJECT.- MX Nn: P M -94 AN ORDINANCE AMENDING THE PUBLIC BENEFIT RATING.SYSTEIM
REMOVING OPEN SPACE /TIMBER FROM PLANNING COMMISSION EVALUATION AND ADDING A
NEW CLASSIFICATION, FARM & AGRICULTURE CONSERVATION.
ATTACHMENTS: Agency Report with attached Staff Report
Excerpts from Draft Planning Commission Minutes, November 9, 1994, and June 22, 1995.
Draft Ordinance
SUMMARY STATEMENT. Please complete sections of box as appropriate & explain the item below.
Related Countv contract H: Should Clerk schedule a hearine? NO / X / YES / / Requested date: I
for this item/oroiect: $ 1 Is it (or will it bet within budeet? YES / / NO / /
The request is to make revisions to the Public Benefit Rating System adopted by Whatcom County in
1986. The proposal removes Open Space/Timber from Planning Commission evaluation and adds a new
classification, Farm & Agriculture Conservation. This is in accordance with new revisions made to RCW.
Chapter 84..34.
ORIGINATOR'S RECOMMENDED ACTION: The Director of Planning and Development Services
recommends the Council uphold the Planning Commission recommendations for approval.
COMMITTEE ACTION TAKEN.•
COUNCIL ACTION TAKEN.
7/5/95: Introduced
7/18/95: Held in Council until 8/1/95.
8/1/95: Held in Committee until.$ /15/95.
8/15/95: Amended, adopted 7 - 0
Related ,Hle Numbers:
Ordinance or Resolution Number (this item only):
(195 04®
1
.ord File PBR- 9406126195 SPONSORED BY: Planning
PROPOSED BY: Council
INTRODUCTION DATE: 7/5/95
ORDINANCE NO. 95 -040
AN ORDINANCE AMENDING THE PUBLIC BENEFIT RATING SYSTEM REMOVING OPEN
SPACE /TIMBER FROM PLANNING COMMISSION EVALUATION AND ADDING A NEW
CLASSIFICATION, FARM & AGRICULTURE CONSERVATION.
WHEREAS, the Planning and Development Services Department has proposed to
amend the text of the Public Benefit Rating System to remove open space /timber from
planning commission evaluation and add a new classification, farm & agriculture
conservation pursuant to RCW Chapter 84.34 of the Open Space Taxation Act; and
WHEREAS, pursuant to RCW 36.70.590 legal notice was published in the Rellinqharn
Herald on Thursday, October 27, 1994; and
WHEREAS, the proposal is procedural in nature and is therefore categorically exempt
from SEPA requirements; and
WHEREAS, the Planning Commission held a public hearing on the proposed
amendments on Wednesday, November 9, 1994, and held one work- session on Thursday,
June .22, 1995 and considered all testimony.
WHEREAS, the Council held a public hearing on the proposed amendments on
August 1, 1995, and held public meetings on July 18, and August 15, 1995; and
WHEREAS, the Council has adopted the following Findings and Conclusions:
Findings
1. In 1993, the State Legislature revised Chapter 84.34 RCW making changes in
Whatcom County's Public Benefit Rating System necessary.
2. Applications for Open Space /Timber are no longer subject to Planning
Commission review under the Public Benefit Rating System, but will be
evaluated using criteria similar to Classified /Designated Forest, with
recommendations for .approval or denial made directly to the County Council.
3. A new category, Farm and Agriculture Conservation, was added to Chapter
84.34 RCW and required to be evaluated under the Public Benefit Rating
System.
4. The Farm and Agriculture Conservation classification is for those parcels no
longer meeting the production requirements for Open Space Farm and
Page 1
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5 5.
6
7
8
9 6.
10
11
12
13 CONCLUSIONS
14
15 Based upon changes to Chapter 84.
16 System needs to be revised. Since
17 under a new set of criteria (Chapter
18 under the Public Benefit Rating Syst
19 to be deleted. Since it is a new ope
20 for consideration of Farm and Agric
21 the Public Benefit Rating System.
22
23 NOW, THEREFORE,
24
25 Section 1.
,6 in Exhibit A.
27
28.
29
30
31
32 ADOPTED this 15 day of
33
34
35 ATTEST:
36
37
38
39 Dana rown -D Clerk
40
41 APPR ED as to form & content:
42
43
44
45 lGen Frakes, Civil Deputy Prosecut
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47
Agriculture and land that has a high potential for returning to productive
agriculture and has not been irrevocably devoted to a use inconsistent with
agriculture.
Criteria specific to Farm and Agriculture Conservation,
potential for productive agricultural use, needs to be ii
Benefit Rating System.
addressing the. land's
cluded in the Public
Public access and sign requirements should continue to apply to Open Space
Farm and Agriculture Conservation parcels.
34 RCW, Whatcom County's Public Benefit Rating
Open Space /Timber applications are to be reviewed
84.34.041 RCW) and no longer are subject to review
em, all language pertaining to Open Space /Timber needs
n space classification, criteria addressing requirements
ulture Conservation applications needs to be added to
BE IT ORDAINED by the Whatcom County Council that:
The Whatcom County Public Benefit Rating System is hereby amended as shown
Section 2. Adjudication of invalidity of any of the sections, clauses, or provisions of this
Ordinance shall not affect or impair the validity of the Ordinance as a whole or any part
thereof other than the part so declared to be invalid.
August 1995.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Robert Imhof, Chairpers
(4 Approved ( ) Denied
�L-� � k.,V, :z�
or Shirley Van Zante , Execut'
Date:
Page 2
EXHIBIT A
Whatcom County Planning Commission
Adopted - December 16, 1986
Revised - February 87, wTtA ril 1984 1:1
�' P ................ �....::..:.....::..:.g.:
County Council Reso�ati�rr zc ' 'M c No. 89 -38
Page 3
1 SUMMARY OF WHATCOM COUNTY OPEN SPACE POLICIES
2
3
4 I. Public Benefit Rating Sv_ s All applications for open space -open space and open
5 s ace - timber t`a :1ans'srvn will be rated according to the Whatcom
P :.::..:......:....::.... ....:..:..:....:...:.... ...:...:.......................
6 County Public Benefit Rating System described in the following pages. A Public
7 Benefit Rating of at least 45 must be attained in order to be recommended for approval.
8 In addition, the amount of tax reduction to be. granted to open space
9 applications will be based on the Public Benefit Rating. The greater the public benefit
10 provided by keeping the property in open space use, the greater the tax reduction.
11
12
13 H. Pnhlie access: As a condition of approval, owners of open space parcels must agree to
14 provide a certain degree of public access according to the Whatcom County Public
15 Access Policy listed on Page 10. All applications shall be accompanied by the owner's
16 proposed rules of conduct and a description of how public access is to be managed,
17 within the limitations outlined in the Whatcom County Public Access Policy. Note:
18 On parcels where there is a documented occurrence of a State or Federal Endangered
19 Species; State or Federal Threatened Species; Federal Proposed Endangered or
20 Threatened Species; or State Sensitive or Monitor Species as listed in the Washington
21. Department of Wildlife Nongame Data System or where there is a known or potentially
22 significant archaeological site, the public access requirement may be waived by the
3 Council.
24
25 III. Oven Snare Sign: As a condition of approval, owners of open space parcels must
26 agree to post a sign in a location visible to passing motorists, in accordance with the
27 Whatcom County Open Space Sign Policy on Page 11 indicating the parcel's open
28 space status and the availability of public access. As with the public access
29 requirement, the requirement for posting of a sign may be waived where there is a
30 documented occurrence of a State or Federal Endangered Species; State or Federal
31 Threatened Species; Federal Proposed Endangered or Threatened Species; or State
32 Sensitive or Monitor Species as listed in the Washington Department of Wildlife
33 Nongame Data System or an archaeological site.
34
35
36 IV. Hold Harmless Agreement: All open space property owners must sign a hold
37 harmless agreement, freeing Whatcom County of any liability which may arise as a
38 result of open space approval. A copy of the hold harmless agreement is included on
39 Page 12.
40
41 space-timber shall be submit!
42 without an ac ber management plan, as described on Page xx 133.
43
Page 4
I. APPROVAL CRITERIA: OPEN SPACE /OPEN SPACE AND OPEN
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 Jarr
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,
2. Protect streams, stream corridors, wetlands, natural shorelines and aquifers,
3. Protect soil resources and unique or critical wildlife and native plant habitat,
4. Promote conservation principles by example or by offering educational
opportunities
5. Enhance the value of abutting or neighboring parks, forests, wildlife preserves,
nature reservations or sanctuaries or other open spaces,
6. Enhance recreation opportunities,
7. Preserve historic and archaeological sites, and
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 Space/ Open Space and Opm Spare/Ti mherF ...
a PUBLIC BENEFIT RATING using the method
described below.
Pale 5
A
B. A parcel must receive a PUBLIC BENEFIT RATING of at least forty five
(45) to be recommended for approval.
III. PUBLIC BENEFIT RATING CALCULATION
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 BEWFIT RATIN(t will be calculated using the following
formula:
PBR= BV +(BV X PBV), where:
IV. BASIC VALUE CRITERIA:
A. Op_ n Space/Open Space
A maximum of ten points for open space /open space applications may be assigned for
T
each of the 7 items based upon conformance with the criteria listed below.
1. Conserve or enhance natural, cultural or scenic resources.
a. lands which possess unique scenic vistas available.to the public or are
within the visual corridor of scenic roads or highways;
b. lands which, when left in their natural state, would serve as buffers
between areas of commercial or industrial activity and areas of.human
habitations;
C. lands which can serve to prevent the spread of high density residential
development into less developed areas;
d. lands located adjacent to airports.
2. Protect streams, stream corridors, wetlands, natural shorelines and
aquifers.
Criteria for iapproyaL-
a.
lands within a 100 -year floodplain;
b.
lands within or adjacent to areas of domestic water supply;
C.
lands near or adjacent to streams or rivers where, if alterations were to
occur, a resulting loss of quality would also occur in the conditions of
water and the general functioning of the regime;
d.
lands which provide for preservation of bogs or swamps;
e.
lands adjacent to bodies of water, both marine and fresh;
f.
lands including and adjacent to wetlands and tidal areas (these lands
would not necessarily be approved contingent upon public access
agreement due to biological 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
7
Nongame Data System. On parcels 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, the Planning Department
shall automatically recommend approval with a recommendation that a
sign and public access shall not be required.
4. Promote conservation principles by example or by offering educational
opportunities.
a. lands which are an example of application of conservation principles;
b. lands which offer opportunities for conservation education such as
interpretive centers or trails.
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 annr� oval:
a. land that the local County Park Board .has identified for possible future
park acquisition;
b. land designated in County Parks, Recreation and Open Space 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.
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.
E:3
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 Planning Department shall automatically recommend approval
with a recommendation that a sign and public access shall not be
required.
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1. La�rd"prhnarily- devoted- to -growt t erclat- harves of- fforest
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3.
Lands which are designated Forestry
::::<<:;: >: >,;;:::::,:;:::r«.:;::_:,: n �.�r►t~ I: r:: in the
Whatcom County Comprehensive Plan.
(State Law Criteria)
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.
5. Protect streams, stream corridors, wetlands, natural shorelines
and aquifers.
Criteria for appr
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;
10
f. lands including and adjacent to wetlands and tidal areas
(these lands would not necessarily be approved contingent
upon public access agreement due to biological sensitivi-
ties).
6. Protect soil resources and unique or critical wildlife and native
plant habitat.
Criteria for np real:
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 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, the
Planning 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,
.......... qi t r l! 1AUds- wildlife preserves, nature
reservations or sanctuaries or other open spaces.
11
a. land that the local County Park Board has identified for
possible future park acquisition;
b. land designated in County Parks, Recreation and Open
Space Studies and other documents as significant park land,
open space or conservation areas;
C. lands which, as open space, may help to provide for
successful implementation of County Trail Plan;
d. lands which are near or adjacent to existing public parks,
forests, wildlife preserves, nature reservations, sanctuaries,
schools or other open space lands classified under RCW
84.33 or RCW 84.34;
9. Enhance recreation opportunities.
criteria for approval:
a. lands possessing private recreational facilities which are
available to the public without charge;
b. lands which provide opportunities for passive recreational
activities such as but not limited to hiking, horseback
riding, hunting, fishing, bird watching, and nature
observation;
10. Preserve historic and archaeological sites.
Criteria for approval:
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 Planning Department
shall automatically recommend approval with a
recommendation that a sign and public access shall not be
required.
12
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
VAT iTF for each Open SnaT ce /Oppn P and Open
Space/ �imher::>:.:<.}
--r ', m�, �R�««<.: �- �' �:.;:<:.;:::;.:<: „.::.:::.:::��:;. >::--- ::; <—T, application. The total
PITRI•T,(' RF.NF.FIT VAI.ITF will increase (or decrease) the BASIC.
VALUE by a certain percentage. It is possible to attain a PUBLIC
BENEFIT VAI JF 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 20% increase)
1. Watershed of domestic water supply
2. Aquifer recharge area
3. Preservation of hydrologic processes:
- streams and natural drainage courses
- wetlands, swamps, bogs
-lakes
C. WILDLIFE HABITAT (Maximum 20% increase)
1. State or Federal Endangered Species; State or Federal
Threatened Species; Federal Proposed Endangered or
Threatened Species; or State Sensitive or Monitor Species.
2. Abundance and diversity of wildlife (associated with "edge”
type habitat and areas of vegetative and topographic
diversity).
D. PARCEL SIZE
13
1
E. LINKAGE WITH OTHER OPEN SPACES (Maximum 51%
2
increase)
3
Adjacent to other Open Space, parks, or open areas associated with
4
Planned Unit Developments, Cluster Subdivisions, or Binding Site
5
Plans.
6
7
F. NATURAL AREAS (Maximum 51% increase)
8
Based on how much of parcel is in natural cover and not developed
9
with homesite, outbuildings, and clearings.
10
11
G. FINANCIAL ADVANTAGE (Maximum 4R% decrease)
12
The use to which the land is put derives a financial advantage for it
13
owners.
14
15
H. DISCRETIONARY VALUE (Maximum 411% increase)
16
(Minimum Oft% decrease)
17
Discretionary value may be added or subtracted where land
18
provides or detracts from public benefits other than those
19
specifically listed above. If discretionary value is added or
20
subtracted, the provision of or detraction from public benefits shall
21
be set forth in detail on the supplemental application form and on
22
the scoring sheet
'3
14
PUBLIC ACCESS
All applications for open space -open space and open space - timber fah
shall be accompanied by the owners proposed rules
of conduct and a description of how public access is to be managed, within the
limitations outlined below.
.. The term "public access is limited and defined as the right of any
individual to request permission to enter and visit the premises on foot for
legitimate recreational purposes such as bird watching, scenic observation,
scientific investigation, picnicking during daylight hours, and strolling and
general relaxation on the premises. This right is subject to the execution by the
visitor of:
1. An agreement to abide by any reasonable rules of personal
conduct required by the owners while on the premises, and
2. A general release of the owner from liability for any injury
ury
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
161
SIGNED
1
Construction of the sign will be the responsibility of
2.
OPEN SPACE SIGN POTICY
3
specifications on file with the Planning
4
ee '° rrtS ?De artment. It is the
P
5
property owner's responsibility to assure that the
6
As a condition of approval of your open space
7
application, you must post a two foot by two foot
8
(2'X 2') sign on the property to indicate open space
9
status, public access, and the Open Space
10
Agreement number within one month of executing
11
the Open Space Agreement.
1' 2
13 The sign must be located on the property's road
14 frontage in a conspicuous location where possible.
15
16
Construction of the sign will be the responsibility of
17
the applicant and will be in accordance with the
18
specifications on file with the Planning
19
ee '° rrtS ?De artment. It is the
P
20
property owner's responsibility to assure that the
21
sign remains in place during the period of the open
22
space agreement.
16
1
2
3
4
5
6
7
8
9
10
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12
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14
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23
HOLD HARMLESS AGREEMENT
OWNER
In consideration for Whatcom County's approval of
the attached Open Space Application, with any
conditions that may be imposed, hereby agree to
defend, indemnify and hold harmless Whatcom
County, its officers and employees from any claim
that may arise against Whatcom County as a result
of the approval of the attached application with
conditions.
This agreement shall become binding only after the
attached application has been approved by the
Whatcom County Council.
DATED this
19
SIGNED
OWNER
day of ,
17
1
2
3
4
apply i ng IfOr open space--
5 Uniber must sulunat
with--their open space-timber
6
, but
7 not limited to,
the fbHowiiig-
.8
9
f tiint d;
10
11 kou
lengtil of time in prodnction-and
12
anticipated year of harvest,-
13
14
l - reforestation
15
methods,
.6
17
types off forest management practic
18
to- be- empl- oyed-(i.—,~fertifization,
19
thinning—,etc-.)
20
21 Timber management
plans-�e evaluated undei
22 We Basic Value
Criteria of the Pu blie Benefit Rating
23 Systern and assigned
a score-reflecting-th-e-ieve-l-of
24
he
25
er nazi
26
27
28
29
10