HomeMy WebLinkAboutres1989-0381
I
A
1
lI�
2
i
3
4
`i
,a.
I
�i
;1
-J
i
`1
`1
FILE REF: 89 -PBRS INTRODUCED BY: Consent
PROPOSED BY: P I a n n 1 n g
DATE: July 7, 1988
RESOLUTION NO. 89-38
A RESOLUTION REVISING THE PUBLIC BENEFIT RATING SYSTEM USED BY WHATCOM
COUNTY TO DETERMINE ELIGIBILITY FOR OPEN SPACE AND TIMBER APPLICATIONS
PURSUANT TO RCW 84.34.
5 WHEREAS, In 1987, Whatcom County adopted a Public Benefit Rating System for
6 evaluating open space applications and directed the Planning Staff to use the System
7 to evaluate existing open space -open space parcels for the purpose of determining a
8 new current use assessed value as authorized in RCW 84.34.037 (Resolution 87 -3); and
9 WHEREAS, during the course of evaluating existing open space parcels as
10 authorized in RCW 84.34.037 and during Planning Commission and Council review of new
11 open space applications under the Public Benefit Rating System the possible need for
12 revisions to the policies for considering timber management plans, public access, and
13 wildlife habitat was identified; and
14 WHEREAS, the Washington Administrative Code which specifies the rules for
15 administering open space applications (WAC 458 -30) was revised in December, 1988.
16 to provide a definition of timber land specifying land that is "devoted primarily to
17 the growth and commercial harvest of forest crops." The previous definition did not
18 include the word "commercial "; and
19 WHEREAS, Current policy requires submission of an acceptable timber management
20 plan within six months of approval of an application for open space- timber, therefore
21 it is possible that an application could be approved even though no timber plan was
22 received with the application. With the six month window, it becomes the
23 responsibility of the Council Clerk to assure that an acceptable plan is submitted,
24 thus the Planning Staff, the Commission, and the Council do not have an opportunity
25 to review the plan and the Council Clerk has to assume additional responsibility; and
26 WHEREAS, under the present system, there are no criteria for evaluating the
27 quality of access in terms of availability of off - street parking and ease of access
28 without having to pass through the owner's or tenant's yard or having to deal with
29 aggressive dogs or pass through livestock fences; also, present policy also gives
30 owners a wide range of discretion in managing public access with the ability to
31 require written permission and to make access subject to "reasonable rules of personal
32 conduct" but there is no criterion for evaluating how the owner intends to manage
33 access; and
34 WHEREAS, present wildlife policies specify that public access and posting of an
35 open space sign shall not be required on parcels where there is a known habitat for
36 an endangered species; and wildlife habitat criteria specify consideration of rare
37 or threatened species. These policies and criteria fail to recognize the full range
38 of wildlife classifications acknowledged by the state and federal governments as being
39 sensitive to disturbance; and
FILE REF: 89 -PBRS
Page 2
0 WHEREAS, the Planning Department proposed certain minor revisions to the Public
1 Benefit Rating System and prepared a staff report, attached, recommending the
2 revisions; and
3 WHEREAS, the proposed revisions are categorically exempt from SEPA requirements,
4 and
5 WHEREAS, legal notices were published in the Westside Record Journal on January
6 4, 1989 and in the Bellingham Herald on January 7, 1989 and were mailed to owners of
7 properties which were subject to the open space reevaluations conducted by the
8 Planning Staff and Commission in 1988; and
9 WHEREAS, the Planning Commission held a public hearing on the proposal on January
10 17, 1989 and heard all testimony on the issues and after due deliberation made a
11 determination that the proposed revisions to the Public benefit Rating System be
12 approved; and
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
WHEREAS, the Council held a public meeting on February 2, 1989, to consider the
Planning Commission's recommendation;
NOW THEREFORE BE IT RESOLVED: by the Whatcom County Council as follows:
1. The proposed revisions to the Public Benefit Rating System are hereby approved
as follows:
SUMMARY OF WHATCOM COUNTY OPEN SPACE POLICIES
II. Public 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. 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 known habitat for an endangered
rspeGies n i' ioildiliFe listed by the 11 C Cich and Idildlift SAryirn 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 Nonaame
Data System or where there is a known or potentially significant archaeological
site, the public access requirement may be waived by the Council.
III. Open 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 where
there is an endangered speGies 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
.1
!i
'.l
,1
-1
i
`i
1
a
'1
a;
0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33 .
34
35
36
FILE REF: 89 -PBRS
Page 3
in the Washington Department of Wildlife Nongame Data System or an archaeological
site.
V. Timber Management Plan: Within six months of approval of an appliGation f4m
No application for open space -
timber shall be submitted without an acceptable timber management plan.
WHATCOM COUNTY OPEN SPACE POLICY AND CRITERIA
AND PUBLIC BENEFIT RATING SYSTEM .
IV. BASIC VALUE CRITERIA:
A. Open Space /Open Space
3. Protect soil resources and unique or critical wildlife and native plant
habitat.
C. lands which represent habitats for unique or critical wildlife or
native plants, or habitat Asa where there
is a documented occurrence of a State or Federal Endangered S-Decies;
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 knowA habitat for an endanger-ad SPOGIGS,
lista-d- by the U.S Fish and- Wildlife Service 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.
B. Open Space /Timber
I. Land "primarily devoted to the growth and commercial harvest of forest
crops."
2. land where All applications for classification U shall be accompanied by
a detailed timber management plan including, but not limited to, the
following:
a. type of timber to be managed;
b. length of time in production and anticipated year of harvest;
C. projected cutting and reforestation methods;
d. types of forest management practices to be employed. (i.e., fertiliza-
tion, thinning, etc.)
6. Protect soil resources and unique or critical wildlife and native plant
habitat.
P
i.
r. .
1
I.
}
i
;5
}i
0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33 .
34
35
36
FILE REF: 89 -PBRS
Page 3
in the Washington Department of Wildlife Nongame Data System or an archaeological
site.
V. Timber Management Plan: Within six months of approval of an appliGation f4m
No application for open space -
timber shall be submitted without an acceptable timber management plan.
WHATCOM COUNTY OPEN SPACE POLICY AND CRITERIA
AND PUBLIC BENEFIT RATING SYSTEM .
IV. BASIC VALUE CRITERIA:
A. Open Space /Open Space
3. Protect soil resources and unique or critical wildlife and native plant
habitat.
C. lands which represent habitats for unique or critical wildlife or
native plants, or habitat Asa where there
is a documented occurrence of a State or Federal Endangered S-Decies;
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 knowA habitat for an endanger-ad SPOGIGS,
lista-d- by the U.S Fish and- Wildlife Service 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.
B. Open Space /Timber
I. Land "primarily devoted to the growth and commercial harvest of forest
crops."
2. land where All applications for classification U shall be accompanied by
a detailed timber management plan including, but not limited to, the
following:
a. type of timber to be managed;
b. length of time in production and anticipated year of harvest;
C. projected cutting and reforestation methods;
d. types of forest management practices to be employed. (i.e., fertiliza-
tion, thinning, etc.)
6. Protect soil resources and unique or critical wildlife and native plant
habitat.
P
i.
r. .
1
I.
}
i
7q1
FILE REF: 89- PBRS:`
Page 4
0
C. lands which represent habitats for unique or critical wildlife or f..
1
native plants, or k2bit2t for where there
2
is a documented occurrence of a State or Federal Endangered Species:
3
State or Federal Threatened Species; Federal Proposed Endangered or
4
Threatened Species: or State Sensitive or Monitor Species as listed
a
5
in the Washington Department of Wildlife Nongame Data System. On
6
parcels where there is a kAnwA habitat for an endangered speGies,
7
documented occurrence
8
of a State or Federal Endangered Species: State or Federal Threatened
9
Species; Federal Proposed Endangered or Threatened Species: or State
10
Sensitive or Monitor Species as listed in the Washington Department
11
of Wildlife Nongame Data System, the Planning Department shall
12
automatically recommend approval with a recommendation that a sign
13
and public access shall not be required.
14
V. PUBLIC
BENEFIT VALUE CRITERIA
15
A.
PUBLIC ACCESS (Maximum 40% increase)
16
1. Shoreline access
17
2. Recreation access
18
3. Public road frontage
•I
19
4. Availability of off - street parking
1�
20
5. Ouality of access in terms of accessibility and owner's proposed
21
rules of conduct and access management.
22
C.
WILDLIFE HABITAT (Maximum 20% increase)
23
1. State or Federal Endangered Species;
24
State or Federal Threatened Species; Federal Proposed Endangered or
25
Threatened Species; and State Sensitive and Monitor Species.
J-
26
2. Abundance and diversity of wildlife (associated with "edge" type
27
habitat and areas of vegetative and topographic diversity). f.
w
.,i
28
WHATCOM COUNTY TIMBER MANAGEMENT PLAN POLICY
='
29
All owners
of parcels approved applying for open space- timber must submit, - -R, �•�lthit X
30
months of
appraval with their open space- timber application a timber management plan
31
including,
but not limited to, the following:
=
32
(a)
Type of timber to be managed;
33
(b)
length of time in production and anticipated year of harvest;
34
(c)
projected cutting and reforestation methods;
to
35
(d)
types of forest management practices to be employed (i.e., fertilization,
36
thinning, etc.)
37
Timber management plans will be evaluated under the Basic Value Criteria of the Bublic
38
Benefit Rating System and assigned a score reflecting the level of detail and
39
professionalism in preparation and the level of commitment to timber management.
FILE REF: 89 -PBRS
Page 5
0 2. The Council adopts the following findings and conclusions developed by the staff
1 and the Planning Commission:
2 FINDINGS
3 1. During the course of evaluating existing open space parcels as authorized in RCW
4 84.34.037 and during Planning Commission and Council review of new open space
5 applications under the Public Benefit Rating System the possible need for
6 revisions to the policies for considering timber management plans, public access,
7 and wildlife habitat was identified.
8 2. If timber management plans were required to be submitted along with open space
9 timber applications, then the plans could be evaluated with respect to their
10 adequacy in terms of the Timber Management Plan Policy and the level of
11 commitment to timber management and an appropriate Basic Value score could be
12 assigned. Also, this would relieve the Council Clerk from having to follow up
13 on timber management plans.
14 3. The Public Access Policy could be expanded to require that the applicant submit
15 proposed rules of conduct and any requirements for permission or signing of
16 agreements at the time of application for open space. The evaluation of public
17 access does not currently specify how the quality of access is to be evaluated.
18 The Public Benefit Criteria could be expanded to include availability of off -
19 street parking, accessibility, and staff evaluation of the property owners,
20 proposed rules of conduct and how the owner intends to manage public access.
21 This would result in a rating which more accurately reflects the quality of
22 public access.
23 4. In order to include the full range of wildlife classifications acknowledged by
24 the state and fedoral 06vewnmanto as being ooh$1t1Ve to ditturb4hce, tho attic
25 Value Criteria for open space and timber, under protection of soil resources and
26 wildlife and native plant habitat could be revised to specify that public access
27 and posting of an open space sign shall not be required on parcels where there
28 is a known habitat for State and Federal Endangered Species; State and Federal
29 Threatened Species; Federal Proposed Endangered or Threatened Species; and State
30 Sensitive and Monitor Species. Also, the Public Benefit Value Criteria, under
31 Wildlife Habitat could be revised to include consideration of known habitat for
32 State and Federal Endangered Species; State and Federal Threatened Species;
33 Federal Proposed Endangered or Threatened Species; and State Sensitive and
34 Monitor Species.
35 5. By inserting the word "commercial" in the Basic Value Criteria for open space
36 timber, the Rating System can be brought into accord with WAC 458 -30 as revised
37 in 1988.
38 CONCLUSIONS
39 Based on public and county input and the recently revised State Open Space Rules (WAC
40 458 -30), certain minor revisions to the Public Benefit Rating System are needed. The
41 proposed revisions to the policies and considerations regarding
42 timber management plans, public access, wildlife habitat, more accurately reflect the
FILE REF: 89 S
Page 6
0 open space priorities
previously identified by the County Council, Planning Commission
1 and Staff and would
bring the
Rating System into accord with the new WAC. The
2 revisions would also
make the
System easier to administer and would correct minor
3 flaws and omissions.
4 5. Adjudication of
invalidity
of any of the sections, clauses, or provisions of this
5 Resolution shall
not affect
or impair the validity of the Resolution as a whole
6 or any part thereof other
than the part so declared to be invalid.
7 PASSED this 20th
day of
April 1989.
,
9
10
11
12 ATTEST:
13 t �,
14 Clerk of the Council
15 APPROVED AS TO FORM:
16 ti
17
18 Dave Dave Cotti ha
19 Civil Depu rosecuting Attorney
WHATCOM
WHATCOM
C CIL
SHINGrTON
Donald G. li'ansXy, kChai rman
( ) APPROVED ( ) VETOED
File Ref: 89 -PBRS
January 12, 1989
Attachment "1"
WHATCOM COUNTY TIMBER MANAGEMENT PLAN POLICY
All owners of parcels approved for open space- timber must submit, within six
months of approval a timber management plan including, but not limited to, the
following:
(a) Type of timber to be managed;
(b) length of time in production and anticipated year of harvest;
(c) projected cutting and reforestation methods;
(d) types of forest management practices to be employed (i.e., fertiliza-
tion, thinning, etc.)
A
;l
January 17, 1989
File Ref: 89 -PBRS
WHATCOM COUNTY PLANNING AGENCY REPORT
IN THE MATTER OF REVISING THE PUBLIC BENEFIT )
RATING SYSTEM USED BY WHATCOM COUNTY TO DETER- ) FINDINGS, REASONS
MINE ELIGIBILITY FOR OPEN SPACE AND TIMBER APPLI -) AND MOTION
CATIONS PURSUANT TO RCW 84.34. )
WHEREAS, during the course of evaluating existing open space parcels as
authorized in RCW 84.34.037 and during Planning Commission and Council review
of new open space applications under the Public Benefit Rating System the
possible need for revisions to the policies for considering timber management
plans, public access, and wildlife habitat was identified; and
WHEREAS, if timber management plans were required to be submitted along
with open space timber applications, then the plans could be evaluated with
respect to their adequacy in terms of the Timber Management Plan Policy and the
level of commitment to timber management and an appropriate Basic Value score
could be assigned. Also, this would relieve the Council Clerk from having to
follow up on timber management plans; and
WHEREAS, if the Public Access Policy were expanded to require that the
applicant submit proposed rules of conduct and any requirements for permission
or signing of agreements at the time of application for open space; and the
Public Benefit Criteria were expanded to include availability of off - street
parking, accessibility, and staff evaluation of the property owners' proposed
rules of conduct and how the owner intends to manage public access, the rating
would more accurately reflect the quality of public access; and
WHEREAS, in order to include the full range of wildlife classifications
acknowledged by the state and federal governments as being sensitive to
disturbance, the Basic Value Criteria for open space and timber, under protection
of soil resources and wildlife and native plant habitat and the Public Benefit
Value Criteria, under Wildlife Habitat could be revised to specify that public
access and posting of an open space sign shall not be required on parcels where
there is a known habitat for State and Federal Endangered Species; State and
Federal Threatened Species; Federal Proposed Endangered or Threatened Species;
and State Sensitive and Monitor Species and to include consideration of known
habitat for these species; and
WHEREAS, by inserting the word "commercial" in the Basic Value Criteria
for open space timber, the Rating System can be brought into accord with WAC 458-
30 as revised in 1988; and
WHEREAS, the proposed revisions are categorically exempt from SEPA
requirements; and
WHEREAS, legal notices were published in the Westside Record Journal on
January 4, 1989 and in the Bellingham Herald on January 7, 1989, and were mailed
to owners of properties which were subject to the open space reevaluations
conducted by the Planning Staff and Commission in 1988; and
N
January 17,.1989`;_
File Ref: 89 -PBRS
WHEREAS, a public hearing was held before the Planning Commission,on this`
matter on January 17, 1989; and
WHEREAS, after accepting public testimony and due deliberation the Planning`
Commission developed findings and conclusions and recommended to Council:
revisions to the Whatcom County Public Benefit Rating System to address timber';;'
management plans, public access, wildlife habitat, and a revision to WAC 458 -30
specifying commercial harvest of forest crops.
NOW THEREFORE BE IT RESOLVED:
FINDINGS OF FACT AND REASONS FOR ACTION
1. A quorum of Commission members was present during the hearing and
subsequent discussion.
2. Statutory requirements were met regarding legal notice and SEPA review.
3. The Planning Commission accepted the findings and conclusions as developed
by staff.
5. The Planning Commission on a 4 -1 vote (Ernst against, Almskaar abstained,
Shintaffer disqualified himself on the basis of a conflict of interest,;.
and Freeman and Baijot left before the vote was made) recommended approval .;
of the revisions to the Public Benefit Rating System as proposed by staff. ".
Commissioners present at hearing:
SIMPSON, FREEMAN, VAN DALEN, FUNKHOUSER, BAIJOT, HEERINGA, ERNST, ALMSKAAR and
SHINTAFFER
WHATCOM COUNTY PLANNING COMMISSION
Attachments:
1. Staff Report
2. Draft Resolution
File Ref: 89 -PBRS
January 12, 1989
WHATCOM COUNTY PLANNING DEPARTMENT
STAFF REPORT
APPLICANT:
Whatcom County Planning Department
REQUEST:
The request is to make minor revisions to the Public Benefit Rating System
adopted by Whatcom County in 1987 pursuant to RCW Chapter 84.34.055. The Rating
System is used to determine eligibility for open space -open space and open space -
timber applications and to determine the current use assessed value for approved
open space -open space parcels.
STATUTORY REQUIREMENTS:
A Planning Commission public hearing has been scheduled for Tuesday, January 17,
1989 and legal notice for the hearing was published in the Westside Record
Journal on Wednesday, January 4, 1989, and in the Bellingham Herald on Saturday,
January 7, 1989. The Proposal is categorically exempt from SEPA requirements.
BACKGROUND
Upon adoption of the Public Benefit Rating System in 1987, the Planning Staff
was directed by the County Council (Resolution 87 -3) to use the System to
evaluate existing open space -open space parcels for the purpose of determining
a new current use assessed value as authorized in RCW 84.34.037. During the
course of evaluating existing open space parcels and during Planning Commission
and Council review of new open space applications under the Public Benefit Rating
System the possible need for minor revisions to the System was identified. In
response to comments and suggestions from the public and from the County Council
and Planning Commission, the Planning Staff has identified three areas of the
Whatcom County Open Space Policy and Public Rating System for possible revision:
1. Timber management plans.
2. Public access.
3. Wildlife habitat.
Also, the Washington Administrative Code which specifies the rules for
administering open space applications (WAC 458 -30) underwent some revisions which
became effective December 15, 1988. One revision in particular which affects
the Public Rating System is the definition for open space- timber. The new
M
File Ref: 89 -PBRS
January 12, 1989
definition specifies land that is "devoted primarily to the growth and commercial
harvest of forest crops." The previous definition did not include the word
"commercial" (attachment "4 ").
ANALYSIS
1. Timber management plans: Current policy requires submission of an acceptable
timber management plan within six months of approval of an application for open
space- timber (see attachment "1 ", Whatcom County Timber Management Plan Policy).
This policy was carried forward from the county open space polices which were
in effect prior to the adoption of the Rating System. Under the Rating System,
there are seven Basic Value points available for a timber management plan. If
a plan is submitted with the application then all seven points are awarded. If
no plan is submitted with the application then no points are awarded. It is
possible that an application could receive a high enough score to qualify for
approval even though no timber plan was received with the application. With the
six month window, it becomes the responsibility of the Council Clerk to assure
that an acceptable plan is submitted, thus the Planning Staff, the Commission,
and the Council do not have an opportunity to review the plan and the Council
Clerk has to assume additional'responsibility. Also, there is no mechanism to
terminate an open space agreement if the timber management plan is not submitted.
Finally, there is no basis for rating the quality of the plan. Timber management
plans received in the past have ranged between a few rough comments handwritten
on a single sheet of scrap paper to detailed multi -page reports prepared by a
professional forester. If the timber management plan were required to be
submitted along with the open space application, then the plan could be evaluated
with respect to the Timber Management Plan Policy and an appropriate Basic Value
score could be assigned according to the quality of the plan. Also, this would
relieve the Council Clerk from having to follow up on timber management plans.
2: Public access: Under the Public Benefit Value Criteria of the Rating
System, (attachment "2 ") the Basic Value may be increased by up to 40% in
consideration of three aspects of public access: 1. Shoreline access, 2.
Recreation access, and 3. Public road frontage. However, there are no criteria
for evaluating the quality of access in terms of availability of off - street
parking and ease of access without having to pass through the owner's or tenant's
yard or having to deal with aggressive dogs or pass through livestock fences.
Further, the County's Public Access Policy (attachment "3 ") allows property
owners to require that visitors obtain permission prior to access and to require
a release from liability. The policy also gives owners a wide range of
discretion in managing public access with "reasonable rules of personal conduct."
but there is no criterion for evaluating how the owner intends to manage access.
The Public Access Policy could also be expanded to require, as with the timber
management plan, that the applicant submit with the open space aapplication
proposed rules of conduct and any requirements for permission or signing of
agreements. The evaluation of public access could be expanded to include
2
M
File Ref: 89- PBRS..
January 12, .1989 -:
availability of off - street parking, quality of access in terms of accessibility,
and staff evaluation of the property owners' proposed rules of conduct and how
they intend to manage public access.
3. Wildlife habitat: The Basic Value Criteria for open space and timber,
under protection of soil resources and wildlife and native plant habitat
(attachment "4 ") specifies that public access and posting of an open space, sign
shall not be required on parcels where there is a known habitat for an endangered
species. Also, the Public Benefit Value Criteria, under Wildlife Habitat
(attachment "4 ") specifies up to a 20 percent increase in consideration of rare
or threatened species. The flaw in these two sections is the lack of recognition
of the full range of wildlife classifications acknowledged by the state and
federal governments as being sensitive to disturbance. The Washington Department
of Wildlife listing of "special species" includes. three general categories
which should be included in the Public Rating System:
1. State and Federal Endangered Species
2. State-and Federal Threatened Species
3. Species recognized by experts as being endemic, rare, declining,or
vulnerable to disturbance, including: Federal Proposed Endangered -- -
or Threatened Species and State Sensitive and Monitor Species...
4. By simply inserting the word "commercial" in the Rating System's definition
of timber land, the revised WAC would be addressed. This would have the effect
of disqualifying home woodlots unless firewood is harvested for sale.
FINDINGS
1. During the course of evaluating existing open space parcels as authorized
in RCW 84.34.037 and during Planning Commission and Council review of new
open space applications under the Public Benefit Rating System the possible
need for revisions to the policies for considering timber management plans,
public access, and wildlife habitat was identified.
2. If timber management plans were required to be submitted along with open
space timber applications, then the plans could be evaluated with respect
to their adequacy in terms of the Timber Management Plan Policy and the
level of commitment to timber management and an appropriate Basic Value
score could be assigned. Also, this would relieve the Council Clerk from
having to follow up on timber management plans.
3. The Public Access Policy could be expanded to require that the applicant
submit proposed rules of conduct and any requirements for permission. or
signing of agreements at the time of application for open space. The
evaluation of public access does not currently specify how the quality of
access is to be evaluated. The Public Benefit Criteria could be expanded
to include availability of off - street parking, accessibility, and staff
3
File Ref: 89 -PBRS
January 12, 1989
evaluation of the property owners' proposed rules of conduct and how the
owner intends to manage public access. This would result in a rating
which more accurately reflects the quality of public access.
4. In order to include the full range of wildlife classifications acknowledged
by the state and federal governments as being sensitive to disturbance,
the Basic Value Criteria for open space and timber, under protection of
soil resources and wildlife and native plant habitat could be revised to
specify that public access and posting of an open space sign shall not be
required on parcels where there is a known habitat for State and Federal
Endangered Species; State and Federal Threatened Species; Federal Proposed
Endangered or Threatened Species; and State Sensitive and Monitor Species.
Also, the Public Benefit Value Criteria, under Wildlife Habitat could be
revised to include consideration of known habitat for State and Federal
Endangered Species; State and Federal Threatened Species; Federal Proposed
Endangered or Threatened Species; and State Sensitive and Monitor Species.
5. By inserting the word "commercial" in the Basic Value Criteria for open
space timber, the Rating System can be brought into accord with WAC 458-
30 as revised in 1988.
CONCLUSIONS
Based on public and county input and the recently revised State OPen Space Rules
(WAC 458 -30), certain minor revisions to the Public Benefit Rating System are
needed. The proposed revisions (attachment "5 ") to the policies and
considerations regarding timber management plans, public access, wildlife
habitat, more accurately reflect the open space priorities previously identified
by the County Council, Planning Commission and Staff and would bring the Rating
System into accord with the new WAC. The revisions would also make the System
easier to administer and would correct minor flaws and omissions.
RECOMMENDATIONS
Based on the foregoing findings and conclusions, the Planning Department
recommends that the proposed revisions to the Public Rating System as presented
in attachment "5" be approved.
Attachments: 1. Whatcom County Timber Management Plan Policy.
2. Public Benefit Value Criteria.
3. Public Access Policy.
4. Basic Value Criteria for open space /open space and open
space /timber.
5. Proposed revised policies and criteria.
4 IT �
Attachment "2"
File Ref: 89 -PBRS
January 12, 1989
WHATCOM COUNTY OPEN SPACE POLICY AND CRITERIA
AND PUBLIC BENEFIT RATING SYSTEM
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 VALUE for each
Open Space /Open Space and Open Space /Timber application. The total PUBLIC
BENEFIT VALUE will increase (or decrease) the BASIC VALUE by a certain
percentage. It is possible to attain a PUBLIC BENEFIT VALUE 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
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. Rare or threatened species
2. .Abundance and diversity of wildlife (associated with "edge"
type habitat and areas of vegetative and topographic
diversity).
D. PARCEL SIZE
A. twenty (20) acres or larger (Maximum 10% increase)
B. Smaller than five (5) acres (Maximum 10% decrease)
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 40% decrease)
The use to which the land is put derives a financial advantage for
it owners.
H. DISCRETIONARY VALUE (Maximum 40% increase)
6
q0
Attachment "3"
PUBLIC ACCESS
File Ref: 89 -PBRS
January 12, 1989
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
Owner
7
9t
File Ref: 89 -PBRS
January 12, 1989
Attachment "4"
IV. BASIC VALUE CRITERIA:
A. Open Space /Open Space
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 habitat for rare or endangered species.
On parcels where there is a known habitat for an endangered
species, listed by the U.S. Fish and Wildlife Service, the
Planning Department shall automatically recommend approval
with a recommendation that a sign and public access shall not
be required.
B. Open Space /Timber
1. Land "primarily devoted to the growth and harvest of forest crops."
6. 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. 1ands which represent habitats for unique or critical wildlife
or native plants, or.habitat for rare or endangered species.
On parcels where there is a known habitat for an endangered
species, listed by the U.S. Fish and Wildlife Service, the
Planning Department shall automatically recommend approval
with a recommendation that a sign and public access shall not
be required.
8
File Ref: 89 -PBRS
January 12, 1989
Attachment "5" PROPOPOSED REVISIONS TO WHATCOM
COUNTY OPEN SPACE POLICIES AND
PUBLIC BENEFIT RATING SYSTEM
SUMMARY OF WHATCOM COUNTY OPEN SPACE POLICIES
II. Public 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. All applications shall be
-- ---- - - ---J L.. tL- - ---- ,.-- -j —I -- -.0 - -A - .J....--- - -&.-- -.0
e: On parcels where there is a
Fich 2nd — Wi- ldlife Service documented occurrence of a State or Federal
where there is a known or potentially significant archaeological site, the
public access requirement may be waived by the Council.
III. Open 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 where there is an endangered SpeGie& 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 or an archaeological site.
V: Timber Management Plan: Within Six month-s of approval of an application
for open &p-aGe-timber, the appliGant must prgduGe No application for open
space- timber shall be submitted without an acceptable timber management
plan.
WHATCOM COUNTY OPEN SPACE POLICY AND CRITERIA
AND PUBLIC BENEFIT RATING SYSTEM
IV. BASIC VALUE CRITERIA:
A. Open Space /Open Space
3. Protect soil resources and unique nor critical wildlife and native
plant habitat.
C. lands which represent habitats for unique or critical wildlife
9
q3
File Ref: 89 -PBRS
January 12, 1989
or native plants, or h2hit2t fin rear endangered sPess
. n" C +, +n
Department of Wildlife Nongame Data System. On parcels where
there is a an endangered sPeG�s, -14 steel —by
F eh an �.►; dl; fe Service documented occurrence of
inreatenea species; reaerai vroposea tnaangerea or inreazenea
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.
B. Open Space Timber
1. Land "primarily devoted to the growth and commercial harvest of
forest crops."
2. Land —w1ierG All applications for classification 4-s shall be
accompanied by a detailed timber management plan including, but not
limited to, the following:
a. type of timber to be managed;
b. length of time in production and anticipated year of harvest;
C. projected cutting and reforestation methods;
d. types of forest management practices to be employed (i.e.,
fertilization, thinning, etc.)
6. Protect soil resources and unique or critical wildlife and native
plant habitat.
C. lands which represent habitats for unique or critical wildlife
or native plants, or rare or endangered — .
where there is a documented occurrence of a State or Federal
Endangered Species; State or Federal Threatened Species;
Cnrl -1 n-^- ^A C...lnnnnv A nr. TI,- +nr A Cnnn,nn. nv. C +n +n
Department of Wildlife Nongame Data System. On parcels where
there is a knom habitat for an endangered speG4S, listed by
t i�—U- �Fi sla�nd— ;:;1�1� -iTe Service — 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.
10
9�1