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HomeMy WebLinkAboutres1995-079WHATCOM COUNTY COUNCIL AGENDA BILL NO. 95-447 F. CLEARANCES Initial Date Date Received in Council Office: Agenda date Assigned to: Wginator: Planning & Development cervices W u NOV WHATCOM COU N COUNCIL k14/95 Council Introduction Division Head: (a ? I CJ) 1 28/95 P &D Council Dept. Head: Q l Prosecutor: ll Purchasing/Bud et: ry Executive: - d SUBJECT. • FILE Nn: nS:1995 A RESOLUTION ADOPTING RECONEWENDATIONS FOR OPEN SPACE /OPEN SPACE AND OPEN SPACE /OPEN SPACE FARM AND AGRICULTURE CONSERVATION APPLICATIONS. ATTACHMENTS: Agency Report with attached Staff Report Excerpts from Draft Planning Commission Minutes, October 26, 1994 Draft Resolution SUMMARY STATEMENT. • Please for this line item sections of box as appromiate & explain the item below. Should Is it (or will it be) within X / YES / / NO/ / Planning and Development Services received four Open Space /Open Space applications from Vanderwielen (1994), Krippner (1994), Wolf (1995), and Anti (1995), two transfer applications from Open Space Agriculture to Open Space /Open Space. Farm and Agriculture Conservation from Sorenson (1993), and Eiden, and one transfer application from Open Space Timber to Open Space /Open Space from Johnson (1995). On October 26, 1995, the Planning Commission recommended approval for three applications, denial for three applications, and no recommendation on one application due to a tie vote (which results in a negative recommendation by default). In addition, the Planning Commission recommended that a requirement of parking access off Mt. Baker Highway for the Wolf application. ORIGINATOR'S RECOMMENDED ACTION: The Director of Planning and Development Services recommends the Council uphold the Planning Commission recommendations by adopting the attached resolution and public benefit. ratings. COMMITTEE ACTION TAKEN: COUNCIL ACTION TAKEN: 1995-"7- 11/14/95: Introduced tince or Resolution Number (this item only): 11/28/95; Approved as amended 6 -0 (Henderson absent Re-S. a �Q from vote) _011 1 INTRODUCED BY: Planning PROPOSED BY: PLANNING DATE: 11,141195 RESOLUTION NO. 95 -079 A RESOLUTION ADOPTING RECOMMENDATIONS FOR 1995 OPEN SPACE /OPEN SPACE AND OPEN SPACE /FARM AND AGRICULTURE CONSERVATION APPLICATIONS WHEREAS, the Planning Commission received from the County Council four (4) new applications and three (3) transfer applications for open space land tax assessment for review and recommendations pursuant to RCW 84.34; and WHEREAS, pursuant to WAC Section 197- 11- 800(6)(c), matters relating to Open Space taxation are determined not to be major actions and are exempt from the threshold determination and environmental impact 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 Thursday, October 12, 1995 and notice was sent in a timely manner to all applicants; and WHEREAS, on October 26, 1995, the Planning Commission opened the public hearing on the applications and received testimony from the Planning Division staff regarding the proposed Open Space parcels; and WHEREAS, evaluations are based upon the Public Benefit Rating System; and WHEREAS, the Planning Commission concurred with the Planning Division's recommendations for approval of the Open Space/Open Space applications from Vanderwielen (1994), Johnson (1995) and Wolf (1995); and denial of Krippner; but differed with the Planning Division's recommendations for approval of the Open Space /Open Space applications from Anti (1995); and WHEREAS, the Planning Commission concurred with the Planning Division's recommendations for denial of the Open Space /Farm and Agriculture Conservation application from Sorenson (1993); but differed with the Planning Division's recommendations for approval of the Open Space /Farm and Agriculture Conservation application from Eiden (1994); and WHEREAS, the Planning Commission further recommended that a requirement of site access off Mt. Baker Highway for the Wolf (1995) application be a condition of approval; and WHEREAS, the Planning Commission forwarded its recommendations to Council; and WHEREAS, Council held a public meeting on November 28, 1995 to consider the Planning Commission's recommendations. File: #OS: 1995, 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: Vanderwielen (1994) PBR 48.64; and Johnson (1995) PBR 46.19. 2. The Whatcom County Council denies the Public Benefit Ratings of the Open Space /Open Space and Open Space/Farm and Agriculture Conservation applications for: Sorenson (1993); Krippner (1994); Eiden (1994); and Anti (1995). 3: 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. 4. A decision on the Wolf application shall be put on hold until parking and access issues are resolved by the owner and appropriate public agencies and the matter reviewed again by the Council. 5. The Council directs the Assessor to place these parcels in the appropriate Open Space tax 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 28th day of November , 1995. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Robert A. Imhof, hairman APPRO D AS TO FORM: wren N. Frakes Civil Deputy Prosecuting Attorney Agency Report WHATCOM COUNTY PLANNING AGENCY REPORT FILE OS.-I995, Page I November 9, 1995 PLANNING COMMISSION RESOLUTIONS IN THE MATTER ) FINDINGS, OF RECOMMENDATIONS FOR 1995 OPEN SPACE/ ) REASONS, OPEN SPACE AND OPEN SPACE / FARM AND ) ANDMOTION AGRICULTURE CONSERVATION APPLICATIONS. WHEREAS, The Planning Commission received seven applications for Open Space land tax assessment for review and recommendations pursuant to RCW 84.34; and WHEREAS, pursuant to WAC Section 197- 11- 800(6)(c), matters relating to Open Space taxation are determined not to be major actions and are exempt from the threshold determination and environmental impact 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 Thursday, October 12, 1995, and notice was sent in a timely manner to all applicants; and WHEREAS, on October 26, 1995, the Planning Commission opened the public hearing on the applications and received testimony from the Planning Division staff regarding the proposed Open Space parcels; and WHEREAS, evaluations are based upon the Public Benefit Rating System summarized in the Staff Report dated October 9, 1995; and WHEREAS, the Planning Commission concurred with the Planning Division's recommendations for approval of the Open Space /Open Space applications from Vanderwielen (1994), Johnson (1995), and Wolf (1995); and denial of Krippner; but differed with the Planning Division's recommendations for approval of the Open Space /Open Space applications from Anti (1995); and WHEREAS, the Planning Commission concurred with the Planning Division's recommendations for denial of the Open Space /Farm and Agriculture Conservation application from Sorenson (1993); but differed with the Planning Division's recommendations for approval of the Open Space /Farm and Agriculture Conservation application from Eiden (1994); and WHEREAS, the Planning Commission further recommended that a requirement of site access off Mt. Baker Highway for the Wolf (1995) application be a condition of approval; and WHEREAS, the Planning Commission has concluded its hearings on all current applications. Agency Report NOW THEREFORE BE IT RESOLVED: FILE OS.1995 , Page 2 November 9, 1995 1. A quorum of commission members was present during the hearing and subsequent discussion. 1 Statutory requirements were met regarding legal notice and SEPA review. 3. The Commission voted unanimously to recommend approval of the Vanderwielen (PBR 48.64), Johnson (PBR 46.19), and Wolf (PBR 47.40) applications. ` 4. The Commission voted unanimously to recommend denial of the Sorenson and Anti applications. 5. The Commission voted (7 -1) to recommend denial of the Krippner application. 6. The Commission voted 4 -4 to recommend approval of the Eiden (1994) application, resulting in a recommendation of denial by default. Commissioners present: Attachments: Staff Report Draft Resolution Ernst, Landcastle, Erickson, Fogelsong, Simpson, Gilda, Beech, and Baijot. WHATCOM COUNTY PLANNING COMMISSION Y David G. Simpson, Ch ' son Y'�L &L16L4k ww'z� Vickie HardinWoods, Secretary Staff WHATCOM COUNTY PLANNING DEPARTMENT STAFF REPORT File OS 1995 October 9, 1995 1. 1993 - SORENSON Open Space Farm and Agriculture Conservation (transfer from OSAG) 2. 1994 - VANDERWIELEN Open Space /Open Space 3. 1994- KRIPPNER Open Space /Open Space 4. 1994 - EIDEN, Thomas Open Space Farm and Agriculture Conservation (transfer from OSAG) 5. 1994 - EIDEN, Joni Open Space Farm and Agriculture Conservation (transfer from OSAG) 6. 1995- JOHNSON Open Space /Open Space (transfer from OST) 7. 1995 -ANTI Open Space /Open Space 8. 1995 -WOLF Open Space /Open Space This report summarizes the Planning Department's recommendations on the above open space applications. 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. 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 /OPEN SPACE, OPEN SPACE FARM AND AGRICULTURE CONSERVATION, and OPEN SPACE/TIMBER. The agricultural designation is administered by the County Assessor while the open space, timber, and Farm & Agricultural Conservation applications fall under the authority of the County Council. The process for OS /OS and OS /Agriculture Conservation is handled in the same manner as an amendment to the Comprehensive Plan and first goes through the Planning Commission. OS/Timber now goes directly to the County Council. The Council then decides on whether to grant the applicant assessment at current use. For the OPEN SPACE FARM AND AGRICULTURAL CONSERVATION and OPEN SPACE /OPEN SPACE . categories, approval is contingent upon meeting the criteria within the adopted Whatcom County Public Benefit Rating System (PBRS - see attachment) and provide for some form of public access. Applicants must receive a BPRS rating of at least 45 points for approval. Public access can be waived for protection of listed wildlife species, sensitive archaeological sites, or for wetland conservation. Based on the above requirements, staff recommends the following: 1) Approval of the following applications: Anti, Johnson, Vanderwielen, J. Eiden, T. Eiden, and Wolf. 2) Denial of the following applications: Krippner, and Sorenson. Staff evaluations and individual recommendations with maps and aerials showing the location of each individual application follow. Attachment 1 is an overall map of OS applications. Attachment 2 contains the recently revised Whatcom County Open Space Policy and Criteria and Public Benefit Rating. Sorenson OSFAC 1995 WHA TCOM COUNTY OPEN SPACE CLASSIFICA TION Property Owner: Paul Sorenson Designation: Open Space /Farm & Ag Conservation Traditional or potential farmland 4440 Rural Ave Public Access (currently used for horse pasture) Bellingham, WA Parcel No.: 380208 - 511418 15.00 Water Resource Protection Acreage: 3.58 Subarea: Urban Fringe Road Access: Rural Avenue Comp. Plan Desig: RURAL Land Use: pasture /grazing Zoning Desig.: RURAL 5A Shorelines: Rural Soil Type/Capabilities 165 Tromp Loam, 0 to 2 percent 100% of site SCS Soil Rating: Prime Farmland SCS Soil Limitations: Seasonal high water table Hydric: Not hydric Comments: Basic Value: 15 / 5 pt. max. Score Public Benefit Value: Score Traditional or potential farmland 15.00 Public Access (currently used for horse pasture) (rating and penalizing on public access should be waived in this situation) Soil Value 15.00 Water Resource Protection 4.00% (prime farmland) (silver creek watershed) Comprehensive Plan Designation Wildlife Habitat (rural) (little habitat value) Enhance scenic resources 2.00 Parcel Size - 40.00% (partial view corridorfrom road) ( <5 nominal acres) Protect Streams /Shorelines 1.00 Abutting Open Space 2.00% (silver creek watershed) (adjacent osag parcel) Protect Soils and Wildlife Natural Areas 1.00% (little habitat value) (cleared, grazed) Promote Conservation Principles 2.00 Financial Advantage (conserve soils) (rating suggests a penalty - should re- evaluate) Enhance abutting Open Space 2.00 Discretionary Value (adjacent osag parcel) Recreation Opportunities (no reasonable access - fenced for horses) Historic /Arch. Significance TOTAL 37.00 - 33.00% Conditions: Action: Public Access No Commission Sign Council Hold Harmless PAUL SORENSEN Open Space Farm and Agricultural Conservation - 380208 - 511418 xoZq 44161 {' 011 Ail xx Y ✓ i _' 1 1�i4 1 [,, Jam• � Y a { 3 - _ �.,_ _ `� ti . ' J ab V t',� tN6 � -� . $ , +►.� Y+1r1�i Sr''+ .�''i�� '1 i�� F "�`:� 11'x. IPy.�.w„3�. i 7,..' 1 a S :, �v� fr f •f} Grp,.., -_ - . 1 . is fc t i ol mp 5 WHATCOM COUNTY OPEN SPACE CLASSIFICATION Property Owner: Paulus Vanderwielen Designation: Open Spacc /Open Space Public Access 8589 Semiahmoo Drive 8.00 Water Resource Protection 20.00% Bellingham, WA 98226 Parcel No.: 400128 200330 8.00 Wildlife Habitat Acreage: 40.00 Subarea: Birch Bay - Blaine Road Access: Kickerville Rd Comp. Plan Desig: RURAL Land Use: Open space Zoning Desig.: R5A Shorelines: NA Soil Type/Capabilities 149 Skipopa Blainegate complex, 0 -8 % 80% of site 116 Pangborn Muck • SCS Soil Rating: Not prime SCS Soil Rating: SCS Soil Limitations: High water table, slow permeability SCS Soil Limitations: Hydric: Hydric Hydric: 11 Bellingham Silty Clay Loam - 0 -2% slopes S% of site SCS Soil Rating: Prime where drained SCS Soil Limitations: High water table, slow permeability Hydric: Hydric Basic Value: 10 pt. max. Conserve Scenic Resources (large forested block in rural area) Protect Streams /Shorelines (headwaters of California Creek) Protect Soils and Wildlife (forested wetland, hydric soils) Promote Conservation Principles (large wetland conservation) Enhance abutting Open Space (adjacent to two as ag parcels) Recreation Opportunities (no access allowed) Historic/Arch. Significance (does not meet criteria) Vand OS 1995 Score Public Benefit Value: Score 5.00 Public Access 8.00 Water Resource Protection 20.00% (large wetland, California Creek watershed) 8.00 Wildlife Habitat 15.00% (wetland habitat, edge) 8.00 Parcel Size 10.00% (40 acres requested in open space) 3.00 Abutting Open Space 2.00% (adjacent to two as ag parcels) Natural Areas 5.00% (undeveloped) Financial Advantage Discretionary Value 15% of site Prime Wetness Hydric TOTALS 32.00 52.00% ... .r..:. r . ..... .:....:.:. :..... :.:.......•:: t 4 <<:: .. :::%::::::::::::iSiiiiii::5 >:R � i;::::::•: r:; }iii:::::Siirri: is iii:::::';; ?:::::� $<::i: �:'.`{<::;; 3::' ri >i:::::;`::::'::::i:iiii>iii>: iiiji:<?: }i:::.' ............. n........................ ............................... r........................... r... Conditions: Action: Public Access No (wetland conservation) Commission Sign No Council Hold Harmless No PAULUS VANDERWIELEN _ Open Space / Open Space - 400128 - 095304 / 400128 - 200330 20 ` 2, R. -L. WOO K.• Y. PARK 5 0�Ll I y � yon � I .•lIJ ..11 / /.N•A I •w. r. 4.7I•r ._[ [an. R. COOK 5 I b y4l' 'I�_ 7(3� ...,.. ; -till ZI6 o a5� 997.A ,J R.000K t-L. PAEZ iC3�g i .,; -�• o,►lv 1.17 x,�,���,..S -A ..I,•I f0 p0r .,JlJ Y�}�q -w — — F -D PENNY (I�� • ;�.' x010 D•,,., xa b 9.T0-A Ito 5-A X X012- 115U 5` , ,c • ,} y360 v� 0 F lt;S Y3 e.e7 �35 +.e5 -A 9.70-A M,-L. TIFFANY J. PALMSERG iyo C A BAKER Ti,, • V�V� ^ �� x D.-F. PAPAFILIS x33ro 40 OA I x 00 I I 1110 I � �t6� I � I X• 1r /7t 7i •a yl Z f � o s - E - CC P f~ �' Y�ya,�,-. 3dC.t+� = - . y -;: - - _ �' ate•,.. "j;,� `K a r . ,tea r 2 iM, .fy -_ - EB - {f4.1 • - iM W Ail+ -n -� > 1 1 - i � o s - E - CC �' Y�ya,�,-. 3dC.t+� = - . y -;: - - _ �' ate•,.. "j;,� `K a r . iM, W Ail+ -n -� > 1 � o s - E - CC S = iM, � o s - E Krippner OS 1995 WHATCOM COUNTY OPEN SPACE CLASSIFICA TION Property Owner: Paul Krippner /Sue Tommervik Designation: Open Space /Open Space Soil Type/Capabilities 140 Sehome loam, 8 to,15 percent 80% of site 3 Andic Xerochrepts, 60 -90 percent 20% of site SCS Soil Rating: Not prime SCS Soil Rating: Not prime SCS Soil Limitations: Seasonal wetness SCS Soil Limitations: Slope Hydric: Hydric inclusions Hydric: Not hydric Comments: Approximately 1/2 of property is in forested ravine Basic Value: 10 pt. max. Enhance scenic resources (visible from state highway) Protect Streams/Shorelines (%rested ravine) Protect Soils and Wildlife (ravines >25 %, riparian habitat) Promote Conservation Principles (soils, habitat) Enhance abutting Open Space (near larger os parcels) Recreation Opportunities (trail along ravine) Historic /Arch. Significance TOTALS Score 3910 Cabrant Road Score 2.00 Public Access Everson, WA 98247 Parcel No.: 390422- 360335 6.00 Acreage: 7.00 Subarea: Lynden- Nooksack Valley Road Access: E. Hoff Road Comp. Plan Desig: RURAL Land Use: Residence, Open Zoning Desig.: RURAL 5A Shorelines: N/A Soil Type/Capabilities 140 Sehome loam, 8 to,15 percent 80% of site 3 Andic Xerochrepts, 60 -90 percent 20% of site SCS Soil Rating: Not prime SCS Soil Rating: Not prime SCS Soil Limitations: Seasonal wetness SCS Soil Limitations: Slope Hydric: Hydric inclusions Hydric: Not hydric Comments: Approximately 1/2 of property is in forested ravine Basic Value: 10 pt. max. Enhance scenic resources (visible from state highway) Protect Streams/Shorelines (%rested ravine) Protect Soils and Wildlife (ravines >25 %, riparian habitat) Promote Conservation Principles (soils, habitat) Enhance abutting Open Space (near larger os parcels) Recreation Opportunities (trail along ravine) Historic /Arch. Significance TOTALS Score Public Benefit Value: Score 2.00 Public Access 5.00% (small trail) 6.00 Water Resource Protection 5.00% (middle fork nookack watershed) 6.00 Wildlife Habitat 10.00% (/orested/riparian habitat) 4.00 Parcel Size -3.00% (7 acres proposed) 3.00 Abutting Open Space 3.00% (near larger os parcels) 2.00 Natural Areas 3.00% (house on 8.44 acre parcel) 0.00 Financial Advantage Discretionary Value 23.00 23.00% Conditions: Action: Public Access YES Commission Sign Council Hold Harmless PAUL KMPPNER AND SUSAN TOMMERVIK Open Space / Open Space - 390422 - 360335 D-5 C (e SSA {j O -! 80.0-A A� *a' risti I 133 S -4 , A. i 1 E -J y;y I c -s ��g c -a 3g 6 c -e - -s c -9 - Xlb ys�t 2 3• -•� •1.{Si 1 xg( cf A. DawKINS 43 � V. -•,� .. -. 32g I � rO A -s x '�`�g z .�- D-5 O -Z O -! . 96 -A A� *a' risti I 133 S -4 , A. i 1 E -J J, JJ -A 3.3 $ -A 50Q B -J x2. 83 Y2ta-, - V� \a c 4 c -r �sos .YJIL -<430 ..j siq 13.88-A x kes G. - V. NICHOL 11 . 96 -A 2.-to vv9 B-4 E -J E..- 50Q B -J X 1 xg( cf A. DawKINS 8.44 -A � V. -•,� .. -. 32g I � rO A -s x '�`�g z .�- y3'rt t -s . Y3�o s �: L -t x'�bo &4040 . A.74 iCHIL" ' 3A.4•A � � oS • -<430 ..j siq 13.88-A x kes G. - V. NICHOL 11 � 4 � t _ ++. %- y _ ,✓ "'�� _ - 'tie /xTY i.� F : 4 - ; v` ' J • � .� Mar i - Y ; ZZ To: County Council AUG 1 r Re: Open Space Classification ftasoom Co. P &WIng Dmp+ From: Tommervik /Krippner Our 8.44 acres is situated on the southern foothill slopes of Sumas Mountain, in a forested area which is visible from Mt. Baker Highway. 90% of the acreage is treed, predominantly with Douglas Fir and Cedar. Our land borders continuous forest on the eastern and western sides, and connects with agricultural land on the southern edge. The northern boundary is within a half mile of a ' logging /timber area. Because. of the logging, and the available forest below, wildlife in our area is abundant. Deer sightings are frequent, along with grouse, owls, hawks, various other bird species. We have also seen evidence of bear, and seem to have a nesting pair of ravens nearby. Our acreage also serves as a watershed for a year -round creek which borders the eastern property line. At least 1/3 of the acreage is forested ravine, which protects this watercourse. In addition, the western edge of our land drains a few spring -fed ponds which are located above the northern boundary. We plan to build a house, and use approximately 1 acre for yard and garden, but the remaining acreage will stay untouched, to support the wildlife in the area, give the trees some room to grow, and protect the watershed of the creek. We think our land ideally serves the purposes of the open space act. We will preserve 7 acres of forest, provide a sanctuary for the creatures of the area, protect a watershed, and save a scenic view from Mt. Baker Highway. With permission, we would also be willing to allow people to walk on our land. Thank you for your consideration. Sincerely, ?7 Paul Krippner /Sue Tommervik .$ -8,- qi- WHATCOM COUNTY OPEN SPACE CLASSIFICATION Property Owner: Thomas Eiden Road Access: 3166 Mt Baker Highway Land Use: Bellingham, WA 98226 Applicant: Thomas Eiden Subarea: Urban Fringe Comp. Plan Desig: Rural Zoning Desig.: R5A T Eiden OSFAC 1995 Designation: OS Farm & Ag Conservation Parcel No.: 380302 352069 Acreage: 9.76 Road Access: Mt. Baker Highway Land Use: open / pasture / woodlot Shorelines: N/A Soil Type/Capabilities 179 Whatcom Silt Loam, 3 to 8 percent slopes 99% SCS Soil Rating: Prime Farmland SCS Soil Rating: SCS Soil Limitations: Seasonal high water table SCS Soil Limitations: Hydric: Not hydric Hydric: Comments: Basic Value: 15 / 5 pt. max. Score Public Benefit Value: Score Traditional / potential farmland 15.00 Public Access 5.00% (potential) (some access on field, no trails) Soil Value 15.00 Water Resource Protection 4.00% (Prime Farmland Soil) (Squalicum creek watersehd) Comprehensive Plan Designation Wildlife Habitat 4.00% (Rural) Ueld/wooded/edge habitat) Enhance scenic resources 3.00 Parcel Size (adjacent to state highway) (average) Protect Streams /Shorelines 2.00 Abutting Open Space 2.00% (McCormick Creek basin, near trib w/ alto) (two adjacent os timber parcels) Protect Soils and Wildlife 2.00 Natural Areas (field/wooded/edge habitat) (cleared for pasture) 1.00% Promote Conservation Principles 2.00 Financial Advantage (conserving farmland soils) . Enhance abutting Open Space 2.00 Discretionary Value (two adjacent os timber parcels) Recreation Opportunities 1.00 (public access) Historic /Arch. Significance TOTAL 42.00 16.00% •:; ;:;tic; 3:'aiti a;: k;;;;:;;;;;:5 r:6 >:: fi:::::::: � :4: c . . ...... . .... .... ... ....... ... ..:..:............... .. ..................................................................... ............................... ... . . Conditions: Action: Public Access YES Commission Sign YES Council Hold Harmless YES THOMAS EIDEN Open Space Farm and Agriculture Conservation - 380302 - 36.8073 .9/ -A I f o i 0 Q S I Y oG7 ' LOT 4 LOT 3 ESTATE .TIMBERLIN-E MANOR SHORT PLAT r X 4*5 x 478 x 3��� tS7��(1 Y519 Y319 Y. 311 8.60 -A �Z. (O- 7 8 7.35 A _ Oj H RUSSELL j.R ; W. YAl40E 0 A N w = TIMBERLINE'xq Y mW TERRACE 4.80A O 4.50A R.RICMARDION SHORT 4 I z9 o PLAT �;0 �5 ,16 x y 1�� �y �'►5 1 R k/CHARDSON y07 Q i K DvWST1U1' voL9 7,° 1 X Y Yost <. / 7 -A o- i k? 13.79-A 10 -a 19.53-A c 317. )u7/ 1014 {01'3 s•71 -A 9.10 -tj 1.00- A A 0 u N T B A K E R W W Y. STAT1S—WWY-- 5 EZ C(-)V NY -K? > `'�_�•• �J Gj7� 13:_X• .�� 1. �.- r "+'L 'S e u►•• w rri ,�-: y,a y T i i �' fit. -•,ice x� io 41, c j O Johnson OS 1995 WHATCOM COUNTY OPEN SPACE CLASSIFICA TION Property Owner: Tony and Debbie Johnson Designation: Open Space /Open Space Enhance scenic resources 4.00 1114 Kelly Rd 25.00% Protect Streams /Shorelines 5.00 Water Resource Protection Belllingham, WA 98226 Parcel No.: 390333 - 292069 Wildlife Habitat 20.00% Promote Conservation Principles Acreage: 1 (plus adjacent 5) -8.00% Subarea: Lynden/Nooksack Valley Road Access: Kelly Road Recreation Opportunities Comp. Plan Desig: RURAL Land Use: Open, orchard 0.00 Zoning Desig.: RURAL. 5A Shorelines: N/A Discretionary Value Soil Type/Capabilities TOTALS 31.00 182 Whutcom- Labounty silt foams, 0 -8% 60% of site .94 Labounty silt loam, 0 to 2 % 10% of site SCS Soil Rating: Prime where drained SCS Soil Rating: Prime SCS Soil Limitations: High water table, low permeability SCS Soil Limitations: High water table Hydric: Hydric inclusions Hydric: Hydric inclusion Comments: Property is being transferred to adjacent land under OS. Previous Public Benefit Rating used to evaluate property Basic Value: 10 pt. max. Score Public Benefit Value: Score Enhance scenic resources 4.00 Public Access 25.00% Protect Streams /Shorelines 5.00 Water Resource Protection 16.00% Protect Soils and Wildlife 7.00 Wildlife Habitat 20.00% Promote Conservation Principles 3.00 Parcel Size -8.00% Enhance abutting Open Space 5.00 Abutting Open Space 3.00% Recreation Opportunities 7.00 Natural Areas ` 2.00% Historic/Arch. Significance 0.00 Financial Advantage Discretionary Value TOTALS 31.00 58.00% TONY AND DEBBIE JOHNSON OpCn Space i Open Space - 3,90.11 ; - 292069 I I I III I 1 I z 3 Sz Y.10�1 39.53' 19.7e-A 13.33•A is G. HARRISON 7O. ZANDER L!q 7 y 3lid 31.33•A 20.00•A rrs° P�A1 . R.• L. NIELSEN 93'74 C. BLAKEWAY x Y 34419 yes t I ' +1•KrA XH6b y073 ' 1g.3s'A R. Z jla I ,� 2i5 X05 I a�vU H00 ® ` (� t fi2'o O yes S��EyA ns(os SNORT 30.00-A JDO 1.00 -/ O ��00 TZ G P7<TEK30N PETER70q bo x3 ° y IS-00 �5 �.� Xz�q X313 yo-615 1 O 'r, o © % y 3J vc A E1 G$ A & P� ' I4.I0 ti 1 to .r 14 7 or -7 A ti<F L!q 7 y 3lid 31.33•A 20.00•A rrs° P�A1 . R.• L. NIELSEN 93'74 C. BLAKEWAY x Y 34419 yes t I ' +1•KrA XH6b y073 ' 1g.3s'A R. Anti OS 1995 WHATCOM COUNTY OPEN SPACE CLASSIFICA TION Property Owner: Marie and Donald Anti Designation: Open Space /Open Space Enhance scenic resources 3431 Nicole Lane Public Access 20.00% (offmain road, within shoriplat) Custer, WA 98240 Parcel No.: 400115- 360305 Protect Streams /Shorelines 8.00 Acreage: 4.99 (minus 1 acre for house /yard) Subarea: Birch Bay - Blaine Road Access: Valley View Rd Comp. Plan Desig: RURAL Land Use: Residence, Open Zoning Desig.: RURAL 5A Shorelines: Rural Soil Type/Capabilities 124 Puyallup fine sandy loam, 0 to 2 percent 75% of site 165 Tromp loans, 0 to 2 % 25% of site SCS Soil Rating: Prime where protected from flooding SCS Soil Rating: Prime SCS Soil Limitations: Hazard of flooding SCS Soil Limitations: Seasonal high w Hydric: Hydric inclusions Hydric: Not hydric Comments: Dakota Creek runs through parcel Owner interested in offering public gardening opportunities Basic Value: 10 pt. max. Score Public Benefit Value: Score Enhance scenic resources 1.00 Public Access 20.00% (offmain road, within shoriplat) (visitors could view creek, possibly garden) Protect Streams /Shorelines 8.00 Water Resource Protection 15.00% (Dakota Creek crosses parcel) . Dakota Creek watershed Protect Soils and Wildlife 8.00 Wildlife Habitat 18.00% (salmon use creek) (riparian & sahnonid) Promote Conservation Principles 5.00 Parcel Size -7.00% (some riparian buffer intact) (4 acres proposed) Enhance abutting Open Space 3.00 Abutting Open Space 2.00% (os parcels on north side) (os parcels on north side) Recreation Opportunities 5.00 Natural Areas 2.00% (visitors could view creep possibly garden) (mostly cleared) Historic/Arch. Significance 0.00 Financial Advantage Discretionary Value TOTALS 30.00 50.00% 4.. {.:.v. ...... •:. .:: v::::::.w.:v.v::: nv::::::::: w::::.::: x• :.v :•....: .........:..........................:::::::::::: :::::::::::::::::::::::::::::.. n....• ..............:..::::::: ::• :w:: . r ....::. ..............:.........::::.w. •:::n�: v}::::; .::::.v:::: w::::.v::;: }::::: w:::::.:: v.:w.v ............................ :: 5:{ v: ti•%•:{: �•: i}}}}}:{ �:•}:•}}}:':.. v ...r..ti...::.L.v:.:::lw::r:.v:: }:.v:.v.:v:.v::nv: ••: rrw:: A:::: n:'+ ii+ isii} i}:} ii}}} i}}}}}}}}}}}}}}}}}}}:' �ih: ::�ii }isisi::i }iTiiJiiiiiii}isi :iii: ?:'iiiji::ii}iiivii:Ciii iiiiy$ i} i' r:' r} iiiiiiij} i}}} } } } }}} } } } } } } } } }i } }:• } }i::3:4:•: Conditions: Action: Public Access YES Commission Sign Council Hold Harmless e IA 16 � X Txi y X T X.r U C� ,-1 '^ J CQ �l J � rn �• � LU CL rA 1 ZZA a H a *a N Y Qi X T c— rA O _� N J o © Mod J -v a CL in CL cr ® x T in / t � v, / L / cr W / / 3 P / %DD }0 IX YOe O ' h x� T n► Q O a. ti Orr Alt RIV NO. 4' 77'�. 0 . . . . . . . . . . -nO lk NAM Zt7 RR e -k , WR. .—C. Wolf OS 1995 WHATCOM COUNTY OPEN SPACE CLASSIFICATION Property Owner: Delbert Wolf Designation: Open Space /Open Space access for fishing, rec, parking dijj: 1854 N. Shore Drive 7.00 Water Resource Protection 12.00% Bellingham, WA 98226 Parcel No.: 390510056374 7.00 Wildlife Habitat Acreage: 2.51 Subarea: Foothills Road Access: Mt. Baker Highway Comp. Plan Desig: Forestry Land Use: Recreational Zoning Desig.: Rural Forestry Shorelines: Conservancy Soil Type/Capabilities 186 Winston silt loam, 0 -3% 60% of site 119 Pffeltuck loamy fine sand, 0 to 3 percent 40% of site SCS Soil Rating: Prime Farmland soil SCS Soil Rating: not prime SCS Soil Limitations: seasonal wetness SCS Soil Limitations: flooding Hydric: hydric inclusions Hydric: hydric inclusions Comments: Previously in OS /OS, opted out in'88. Now wants back in. Site is used for occasional camping Site also used for fishing access. Previous PBRS score = 47.4 Basic Value: 10 pt, max. Score Public Benefit Value: Score Enhance scenic resources adjacent to state highway Protect Streams /Shorelines foodplain, riparian, adjacent to river Protect Soils and Wildlife fronts spawning reach, Bald Eagle perching Promote Conservation Principles foodplain conservation Enhance abutting Open Space abutting classified forest Recreation Opportunities access for fishing, other rec. Historic /Arch. Significance 4.00 Public Access 30.00% access for fishing, rec, parking dijj: 7.00 Water Resource Protection 12.00% North Fork Watershed 7.00 Wildlife Habitat 18.00% fronts spawning reach. Bald Eagle perching 3.00 Parcel Size -8.00% 2.51 acres 3.00 Abutting Open Space 2.00% abutting classified forest 6.00 Natural Areas 4.00% Mostly natural , Financial Advantage Discretionary Value TOTALS 30.00 58.00% f . Conditions: Action: Public Access need agreement Commission Sign Council Hold Harmless DELBERT WOLF Open Space Open Space 3.90510056374 l L �- 8 -504 x ono E . ,01 i vt' I I I Ce — 1� x x 0 ....... .... > n > 0 .......... ........ .......... C ac m o o 'AICKEAWLLE ...... ......... AD ..... ......... Ic :LAKE iERRELL RD ...... . ...... . ....... . 0 : ... ...1... i ......... .... In IE x ................ . ..... :z 0 ......... .... ..... .... ... .................. ....... ........ ... —:.�: ...... .. ....... ...... .j. ........... ........ ....... ........ .... ......... ...... ............. ... . ... a O FER-DALE RD ................... 0 ......... .... .................. ...... . ......... ...... .. ......... .......... ........ ....... NORTHWEST:DRIVE ....... .. ..... .... o ....... ....... . ...... ........................ .. ...... ..... ......... ......... to c 0 2 ........ .......... GUIDE IOIAN: . ..... ...... I ........ ........ ... ......... .. ......... . ......... 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L& HIG: ....... ............................... a ...... • ........ 0 .. .... ......... .................... ........... ...... ........... ... ...... ......... C) .......... C, . ........ 0 ....... ......... ... . ......... ...... ..... . ............... .. . . ........... a ............ ....... . ..... .......... ......... ............. ...... ;M ............... .......... . ... ... ....... ......... .... ali,EFI A;1.0.—:F ORE ST .. ......................... .......... ►II 1995 Page 1 SUMMARY OF WHATCOM COUNTY OPEN SPACE POLICIES I. Public Renefit Rating System: All applications for open space -open space and open space- farm and agriculture conservation will be rated according to the Whatcom County Public Benefit Rating System described in the following pages. A Public Benefit Rating of at least 45 must be attained in order to be recommended for approval. In addition,. the. amount of tax reduction to be granted to open space applications will be based on the Public Benefit Rating. -The greater the public benefit provided by keeping the property in open space use, the greater the tax reduction. II. 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. Open Space Signs As a condition of approval, owners of open space parcels must agree to post a sign in a location visible to passing motorists, in accordance with the Whatcom County Open Space Sign Policy on Page 13 indicating the parcel's open space status and the availability of public access.' As with the public access requirement, the requirement for posting of a sign may be waived in some instances. IV. Hold Harmless 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. Page 2 I. APPROVAL CRITERIA: OPEN SPACE /OPEN SPACE AND OPEN. SPACE /FARM & AGRICULTURE CONSERVATION Washington State law specifies that: In determining whether an application made for open space current use taxation status should be approved or disapproved, pursuant to RCW 84.34.020, subsection (1)(b) (Open Space /Open Space) or subsection (c) (Open Space /Farm & Agriculture Conservation), the Whatcom County Planning Commission will consider in its recommendations to the County Council whether or not preservation of the current use of the land, when balanced against the resulting revenue loss or tax shift from granting the application will: 1. Conserve or enhance natural, cultural or scenic resources, or 2. Protect streams, stream corridors, wetlands, natural shorelines and aquifers, or 3. Protect soil resources and unique or critical wildlife and native plant habitat, or 4. Promote conservation principles by example or by offering educational opportunities, or 5. Enhance the value of abutting or neighboring parks, forests, wildlife preserves, nature reservations or sanctuaries or other open spaces, or 6. Enhance recreation opportunities, or 7. Preserve historic and archaeological sites, or 8. Affect any other factors relevant in weighing benefits to the general welfare of preserving the current use of the property. 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 Spate and Open. S_pa &&arm &. Agriculture Cduservatinn a PUBLIC BENEFIT RATING using the method described below. B. A parcel must receive a PUBLIC BENEFIT RATING of at least forty five (45) to be recommended for approval. C. The PUBLIC BENEFIT RATING will be used by the County Assessor's office in determining the amount of tax reduction for Open Space /Open Snare and Open Space /Farm & Agriculturee- _ovservatinn parcels. III. PUBLIC BENEFIT RATING CALCULATION A. BASIC VALUE The Planning and Development Services Department will review each O n SnaceMpen Space and Open Space /Farm & Agriculture Conservation application and will assign to each a BASIC VALUE that represents the degree of conformance with the BASIC VALUE CRITERIA listed in Section IV below. B. PUBLIC BENEFIT VALUE The BASIC VALUE will be increased (or decreased) by a percentage (PUBLIC BENEFIT VALUE) representing the benefit to the general welfare of preserving the current use of the property, based on conformance with the factors listed in section V below. C. PUBLIC BENEFIT RATING FORMULA The PUBLIC BENEFIT RATINCt will be calculated using the following formula: PBR= BV +(BV X PBV), where: 1 HN In ► 'D 1► IV. BASIC VALUE CRITERIA: A. nT Space /OpenSpace A maximum of ten points for npm- spaceLapen space applications may be assigned far ea .h 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; C. lands which can serve to prevent the spread of high density residential development into less developed areas; d. lands located adjacent to airports. 2. Protect streams, stream corridors, wetlands, natural shorelines and aquifers. Criteria for approval• a. lands within a 100 -year floodplain; b. lands within or adjacent to areas of domestic water supply; C. lands near or adjacent to streams or rivers where, if alterations were to occur, a resulting loss of quality would also occur in the conditions of water and the general functioning of the regime; d. lands which provide for preservation of bogs or swamps; e. lands adjacent to bodies of water, both marine and fresh; 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 anprnval: 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 a- pry oval: 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 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 ap_nroval: a. lands possessing private recreational facilities which are available to the public without charge; b. lands which provide opportunities for passive recreational activities such as, but not limited to, hiking, horseback riding, hunting,. fishing, bird watching, and nature observation; 7. Preserve historic and archaeological sites. Criteria for 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 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. B. OpenSpace /Farm & Agriculture Conseryati_on Only parcels consistent with RCW 84.34.020(8)(a)(b) may be considered for Open Space /Farm & Agriculture Conservation. A maximum of fifteen (15) points for Open Space/ Farm &Agriculture Conservation applications may be assigned for each of the first two (2) items listed below, and a maximum of five (5) points may be assigned for th rem_ a. . a eieht (R) items listed below based upon conformance with the criteria listed. 1. Traditional or potential farmland. Criteria for apnr� 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 annrovale. a. lands which contain prime farmland as defined by the U.S. Department of Agriculture; or b. lands which contain capability classification I -IV according to the US Department of Agriculture Land Capability Classification system. 3. Comprehensive Plan Designation Criteria for apnrr oval: 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 apnrnvale 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 annr� oval: a. lands within a 100 -year floodplain; b. lands within or adjacent to areas of domestic water supply; C. lands near or adjacent to streams or rivers where, if alterations were to occur, a resulting loss of quality would also occur in the conditions of water and the general functioning of the regime; d. lands which provide for preservation of bogs or swamps; e. lands adjacent to bodies of water, both marine and fresh; f. lands including and adjacent to wetlands and tidal areas (these lands would not necessarily be approved contingent upon public access agreement due to biological sensitivi- ties) . 6. Protect soil resources and unique or critical wildlife and native plant habitat. Criteria for apnrwal: 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 fnr 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 for apnrr oval - 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 Department shall automatically recommend approval with a recommendation that a sign and public access shall not be required. V. PUBLIC BENEFIT VALUE CRITERIA The following list of open space characteristics have been determined to have a high priority in providing (or detracting from) benefit to the general welfare will be used to determine the PUBLIC BF.NFFIT VALITF for each Open Pn . pace /n n STar and Open Spare/Fflrm & Agriculture C nservation application. The total PUBLIC BENEFIT V ALIIE will increase (or decrease) the B A SIC V A LTJ by a certain percentage. It is possible to attain a PUBLIC BENEFIT VALITF, of up to 140 %, resulting in a maximum possible increase of 140 %. A. PUBLIC ACCESS (Maximum 4Q%Q 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 10-To increase) 1. Watershed of domestic water supply 2. Aquifer recharge area 3. Preservation of hydrologic processes: - streams and natural drainage courses - wetlands, swamps, bogs -lakes C. WILDLIFE HABITAT (Maximum 20-% increase) 1. State or Federal Endangered Species; State or Federal Threatened Species; Federal Proposed Endangered or Threatened Species; or State Sensitive or Monitor Species. 2. Abundance and diversity of wildlife (associated with "edge" type habitat and areas of vegetative and topographic diversity). D. PARCEL SIZE 1. Twenty (20) acres or larger (Maximum 10% increase) 2. Smaller than five (5) nominal acres (Maximum 1Q%a decrease for OS Open Space applications; Required 40% decrease for OS Farm and Agriculture Conservation applications) E. LINKAGE WITH OTHER OPEN SPACES (Maximum 5_% increase) Adjacent to other Open Space, parks, or open• areas associated with Planned Unit Developments, Cluster Subdivisions, or Binding Site Plans. F. NATURAL AREAS (Maximum 5% increase) Based on how much of parcel is in natural cover and not developed with homesite, outbuildings, and clearings. G. FINANCIAL ADVANTAGE (Maximum Oft% decrease) The use to which the land is put derives a financial advantage for it owners. H. DISCRETIONARY VALUE (Maximum 49-% increase) (Minimum 4OTa 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 PUBLIC ACCESS All applications for open space -open space and open space- farm and agriculture conservation shall be accompanied by the owners' proposed rules of conduct and a description of how public access is to be managed, within the limitations outlined below. The term "public access is limited and defined as the right of any individual to request permission to enter and visit the premises on foot for legitimate recreational purposes such as bird watching, scenic observation, scientific investigation, picnicking during daylight hours, and strolling and general relaxation on the premises. This right is subject to the execution by the visitor of: 1. An agreement to abide by any reasonable rules of personal conduct required by the owners while on the premises, and 2. A general release of the owner from liability for any injury suffered by the visitor while on the premises. Permission will be granted without discrimination, except in the case of 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 SIGNED OWNER 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. HOLD HARMLESS AGREEMENT OWNER In consideration for Whatcom County's approval of the attached Open Space Application, with any conditions that may be imposed, hereby agree to defend, indemnify and hold harmless Whatcom County, its officers and employees from any claim that may arise against Whatcom County as a result of the approval of the attached application with conditions. This agreement shall become binding only after the attached application has been approved by the Whatcom County Council. DATED this day of , 19 SIGNED OWNER RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION Special Meeting October 26, 1995 Page 1 CALL TO ORDER The meeting was called to order by Chairperson, David Simpson, at 7:05 P.M. The meeting was held in the Council Chambers, Whatcom County Courthouse, Bellingham, Washington. ROLL CALL Dick Gilda, Rod Erickson, Danna Beech, Jerry Landcastle, Dave Ernst, Emil Baijot, and David Simpson, Clare Fogelsong (arrived at 7 :30 p.m.) STAFF PRESENT Vickie Woods, Jeff Griffin, and Carole Magner Ed Henken (Engineering) PUBLIC HEARING File #0S- 1995: Open Space Applications Chair Simpson asked Commissioners to reveal conflicts of interest and Dave Ernst noted that he is acquainted with Paul Krippner and Dick Gilda noted that he attends the same church as Tony and Debbie Johnson. No conflict of interest exists for either Ernst or Gilda and none of the Commissioners objected to their participation. 1. 1993 - Paul Sorenson - Open Space Farm and Ag Conservation Moved by Baijot, seconded by Ernst to accept staff recommendation to deny the application. Unanimous AYES and thereupon the motion carried. 2. 1994 - Paulus Vanderwielen - Open Space /Open Space Error noted in the staff report's Zoning Designation. The correct designation is R1OA. Mr. Vanderwielen spoke explaining that he does not want property logged and would not oppose that being a condition for approval. He also explained that he does not want public access because it is a beautiful piece of property that he and his family do not want disturbed. Moved by Baijot, seconded by Ernst to accept staff's recommendation and approve the application. Unanimous AYES and thereupon the motion carried. Mr. Vanderwielen requested staff notify him when this is going.to Council. 3. 1994 - Paul Krippner /Sue Tommervik - Open Space /Open Space Moved by Baijot, seconded by Simpson to accept staff recommendation to deny application. Motion carried with one nay vote ( Fogelsong). 4. 1994 - Thomas Eiden - Open Space Farm and AG Conservation Moved by Ernst, seconded by Baijot to .accept staff recommendation to approve application. Beech objects because land is not in farming. Simpson moved to amend motion, seconded by Landcastle: to reduce potential farm to five points since there is a slim chance this will ever be farmed. Discussion followed and Simpson explained that he feels potential should be rated lower five points not. 15 points. In order to get full 15 points for potential farmland must meet both traditional and potential criteria. Simpson withdrew his motion but questioned what land is in production. Tie vote (4 -4) ... This application goes to Council with no recommendation. Ernst's RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION Special Meeting October 26, 1995 Page 2 motion to reconsider failed. 5. 1994 - Joni Eiden - Open Space Farm and AG Conservation Applicant pulled application today. 6. 1995 - Tony and Debbie Johnson - Open Space /Open Space Debbie Johnson testified explaining that according to Accessor's Office, in order to sell this one acre with a quick claim deed, it must have the same designation as the adjacent five acres already in open space /open space taxation. The Johnson's title company said to get the designation adjusted. Because this is a lot line adjustment, property must have the same tax assessment. Griffin used the evaluation that was prepared when the five acres was designated open space taxation. However, Landcastle thinks it needs to be re- evaluated .because the public benefit value may have been incorrectly scored. Moved by Simpson, seconded by Erickson to change the recommended public benefit rating; Water Resource Protection - reduce from 16.00% to 12.00% and Wildlife Habitat - reduce from 20.00% to .15.00% AYES unanimous; thus the Public Benefit Rating total score is changed. Moved by Baijot, seconded by Fogelsong to accept staff recommendation for approval. Motion carried with one opposed. Commissioners asked however that next time there is a parcel being added to a previously evaluated property, both parcels are to be given to the Commissioners for consideration. 7. 1995 - Marie and Donald Anti - Open Space /Open Space Baijot noted that he would not vote in favor of this because it is under five acres and has houses all around it. Moved by Simpson, seconded by Landcastle to change Basic Value for Recreation Opportunities from five points to three points. Motion carried with one opposed. Moved by Simpson, seconded by Baijot to recommended denial of application. Motion carried unanimously. 8. 1995 - Delbert Wolf - Open Space /Open Space Gilda requested that public access agreement specify the gate will be moved in to allow two vehicle parking. Application, with Gilda's parking request, was unanimously approved. With no further applications to consider, the public hearing ended and Commissioners went directly into a comp plan work session.