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HomeMy WebLinkAboutITEM V-E * cirv oF_ 8~~ ~ ~ AGENDA BILL APPROVAL fORM WASHINGTON Agenda Subject: Proposed Ordinance 6282 related to Open Space Date: December 7, 2009 Taxation/Current Use Department: Attachments: Budget Impact: Planning, Building & Community As Listed Below $ 0 Develo ment Administrative Recommendation: Staff recommends.forwarding of proposed Ordinance 6282 to the City Council. Background Summary: The following key elements related to City Open Space Taxation review processes will be amended • through adoption of Ordinance 6282: • Pierce County Public Benefit Rating System (PBRS). Readopt the Pierce County Code 2.114 beyond the December 31, 2009 sunset clause of Ordinance 6232 in order to act on existing applications in process, consider future applications under criteria as amended and criteria as may be amended by the Pierce County Council. • Joint Determining Authority (JDA). Reappoint the three JDA members•beyond the December 31, 2009 sunset clause of Ordinance 6232 in order to act on existing applications in process and future applications. • Application Fee. Replace the reference to "Miscellaneous Administration Decisions" fee with "applicable" city fee at the time of application submittal. Attachments: 1. RCW Definition of Open Space 4 Proposed Ordinance No. 6282 2. RCW Criteria for Consideration 5 Pierce Co. 2009 PBRS Table 2.114-1 3. Ordinance No. 6232 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITT'EES: ❑ Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Ezaminer ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD ❑ Fire Z Planning ❑ Park Board El Public Works E Legal ❑ Police ❑ Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until / / Tabled Until / / Councilmember: Norman Staff: Sn der Meetin Date: November 14, 2009 Item Number: AUBURN* MORE THAN YOU IMAGINED RCW 84.34.020 Definitions As used in this chapter, unless a different meaning is required by the context: (1) "Open space land" means (a) any land area so designated by an official comprehensive land use plan adopted by any city or county and zoned accordingly, or (b) any land area, the preservation of which in its present use would (i) conserve and enhance natural or scenic resources, or (ii) protect streams or water supply, or (iii) promote conservation of soils, wetlands, beaches or tidal marshes, or (iv) enhance the value to the public of abutting or neighboring parks, forests, wildlife preserves, nature reservations or sanctuaries or other open space, or (v) enhance recreation opportunities, or (vi) preserve historic sites, or (vii) preserve visual quality along highway, road, and street corridors or scenic vistas, or (viii) retain in its natural state tracts of land not less than one acre situated in an urban area and open to public use on such conditions as may be reasonably required by the legislative body granting the open space classification, or (c) any land meeting the definition of farm and aqricultural conservation land under subsection (8) of this section. As a condition of granting open space classification, the legislative body may not require public access on land classified under (b)(iii) of this subsection for the purpose of promoting conservation of wetlands. RCW 84.34.037 Applications for current use classification - To whom made - Factors - Review (1) Applications for classification or reclassification under RCW 84.34.020(1) shall be made to the county legislative authority. An application made for classification or reclassification of land under RCW 84.34.020(1) (b) and (c) which is in an area subject to a comprehensive plan shall be acted upon in the same manner in which an amendment to the comprehensive plan is processed. PROVIDED, That applications for classification of land in an incorporated area shall be acted upon by: (a) A granting authority composed of three members of the county legislative body and three members of the city legislative body in which the land is located in a meeting where members may be physically absent but participating through telephonic connection; or (b) separate affirmative acts by both the county and city legislative bodies where both bodies affirm the entirety of an application without modification or both bodies affirm an application with identical modifications. (2) In determining whether an application made for classification or reclassification under RCW 84.34.020(1) (b) and (c) sfiould be approved or disapproved, the qranting authoritv mav take coanizance of thebenefits to the qeneral welfare of preservina the current use of the propertX which is the subject of application, and shall consider: (a) The resultinq revenue loss or tax shift: (b) Whether granting the application for land applying under RCW 84.34.020(1)(b) will (i) conserve or enhance natural, cultural, or scenic resources, (ii) protect streams, stream corridors, wetlands, natural shorelines and aquifers, (iii) protect soil resources and unique or critical wildlife and native plant habitat, (iv) promote conservation principles by example or by offering educational opportunities, (v) enhance the value of abutting or neighboring parks, forests, wildlife preserves, nature reservations, sanctuaries, or other open spaces, (vi) enhance recreation opportunities, (vii) preserve historic and archaeological sites, , (viii) preserve visual quality along highway, road, and street corridors or scenic vistas, (ix) affect any other factors relevant in weighing benefits to the general welfare of preserving the current use of the property; and c Whether 9rantin9 the application for land appIYin9 under RCW 84.34.020(1)(c) will (i) either preserve land previously classified under RCW 84.34.020(2) (3) If a public benefit ratina system is adopted under RCW 84.34.055, the county leqislative authority shall rate property for which application for classification has been made under RCW 84.34.020(1_) (b) and (c) according to the public benefit rating system in determining whether an application should be approved or disapproved, but when such a system is adopted, open space properties then classified under this chapter which do not qualify under the system shall not be removed from classification but may be rated according to the public benefit rating system. (5) The granting or denial of the application for current use classification or reclassification is a legislative determination and shall be reviewable only for arbitrary and capricious actions. [2009 c 350 § 13; 1992 c 69 § 6; 1985 c 393 § 1; 1984 c 111 § 1; 1973 1 st ex.s. c 212 § 5.] ORDINANCE NO. 6232 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF . AUBURN, WASHINGTON RELATED TO THE CURRENT USE ASSESSMENT TAX PROGRAM, ADOPTING CRITERIA FOR 2009 APPUCATIONS, APPOINTING MEMBERS TO THE JOINT DETERMINING AUTHORITY, AND ASSESSING AN APPLICATION FEE WHEREAS, Chapter 84.34 of the Revised Code of Washington ("RCW") provides for certain properties within the City to be assessed based on the current use of that property instead of at the highest and best use of the property in order to preserve open space and other public benefits; and WHEREAS, when property is located within a city, the application must be approved by a Joint Determining Authority (JDA) consisting of three County Council members and three City Council members; and WHEREAS, RCW 84.34.030 allows the City to charge a reasonable processing fee for evaluation of these applications; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Current Use Assessment Program Criteria. For purposes of evaluating Current Use Assessment applications for properties located both within the City of Auburn and within Pierce County that are to be decided in 2009, the City Council adopts Pierce County's Public Benefits Rating System criteria as set forth in Chapter 2.114 of the Pierce County Code. Section 2. Appointment of Members. The chairs of Finance, Public Works and Planning & Community Development Committees are hereby appointed to the Joint Determining Authority (JDA) until December 31, 2009. The chair of the Municipal Services Committee is hereby appointed as an alternate to the JDA. Ordinance No. 6232 April 14, 2009 Page 1 of 2 Title 2 - Administration 2. / 14.100 - Appendir "A" ~ i Appendiz "A" ~ I 'i ' Categories Point System ~ ~ Priority High Priori tv 5 points each ' Resource • Critical Salmon Habitat • Fish and Wildlife Habitat Conservation Areas • Marine Waters i • Streams ~ • Wedands, Estuaries, and Tidal-Marshes • Wooded Areas ~ Medium Prioritv 3 points each • ° Agricultural Lands . . , • Aquifer Recharge Areas • Flood Hazard Areas • Lakes • Private Open Space Passive Recreation • Privately Owned and Operated Recreational Facilities • Private Trails and Corridors Low Prioritv 1 point each • Archaeological Sites • Historic Landmark Sites • Landslide Hazard Areas (Steep Slopes) • Private Parks and Private Golf Courses with Developed Faciliries _ ' • Scenic View Points and Corridors • Seismic Hazard Areas • Volcanic Hazard Areas Bonas Public Access Granted 5 ints Conservation/Historic Easement Granted in Perpehuty 10 points forever Site Within a Designated Urban Growth Area (UGA) or the 5 points Com rehensive Urban Growth Area CLTGA Site is Adjacent to (abuts) or Creates Linkage With Another 5 points en S ace Parcel Super Properties with at least five priority resource points and , 25 points Bonus which allow a degree of public access appropriate to the sensitivity of the resource(s) and which provide a qualifying conservarion or historic easement in (Ord. 2004-112s § 2(part), 2004; Ord. 98-114S § 3 (part), 4999) 1 2.114 24 ' . Title 2 - Administration l.l /4.100 Rppendix "8" :i APpendig B•i y, `a ' ° y.: - . ' • ~ True and Fair Percent Value Current Use Point Market Value Reduction Assessment System i 100% 0% 1000/0 0- 2 points 100% 20% 80% 3 points 100% 30% 70% 6 points 100% 44% 64% 9 points 100% . 50% SO% 12 points • ~ 100% 60% 40% 15 points ~ i ' 100% 70% ' 30% 18 points l Od% SO% 20% 20 points . 100% 90% 10% 25 points or more ~ (Ord. 98-114S § 3 (part), 1999) I . 2.114 25 Section 3. Processing Fee. Applicants shall pay the Miscellaneous Administrative Planning fee in effect when the application is received by the City. ~ Section 4. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 5. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 6. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. ~ INTRODUCED: APR 2,0 2009 PASSED: APR 2 0 2009 AP RO D: 200 i ~ PET R B. LEWIS, MAYOR ATTEST: Danielle E. Daskam, City Clerk APP VED RM- nie B. Hei , Attorney Published: 2-3 . Ordinance No. 6232 ` April 14, 2009 Page 2 of 2 ~ : CITY OF AliBURN Peter B. Lewis, Mayoi WASHINGTON 25 West Main Street * Aubum WA 98001-4998 * www.auburnwa.gov * 253-931-300( STATE OF WASHINGTON ) )ss. COUNTIES OF KING AND PIERCE ) . I, Danielle Daskam, the duly appointed, qualified City Clerk of the. City of Auburn, a Municipal Corporation and Code City, situate in the counties of King and Pierce, State of Washington, certify as follows: - 1. The foregoing, is a full, true and correct copy of Ordinance No. 6232 . (the "Ordinance") duly passed by the Council and approved by the Mayor of the said City of Auburn, on the 20th day of April, 2009, as that ordinance appears on the minute book of the City. 2. Ordinance No. 6232 was published as provided by law in the Seattle Times, a daily newspaper published in the City of Auburn, and of general circulation therein, on the 23rd day of April, 2009. Witness my hand and the official seal of the City of Auburn, this 29th day of June, 2009. Danielle Daskam, City Clerk City of Auburn AUBURN * MORE THAN YOU IMAGINEC ORDINANCE NO. 6 2 8 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING ORDINANCE NO. 6232 RELATED TO THE CURRENT USE ASSESSMENT TAX PROGRAM WHEREAS, Chapter 84.34 of the Revised Code of Washington ("RCW') provides for certain properties within the City to be assessed based on the current use of that property instead of at the highest and best use of the property in order to preserve open space and other public benefits; and WHEREAS, when property is located within a city, the application must be approved by a Joint Determining Authority (JDA) consisting of three County Council members and three City Council members; and WHEREAS, RCW 84.34.030 allows the City to charge a reasonable processing fee for evaluation of these applications; and WHEREAS, Ordinance No. 6232 was limited to applications acted upon prior to December 31, 2009. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Section 1 of Ordinance No. 6232 is hereby revised as follows: A. Section 1 of Ordinance No. 6232, Current Use Assessment Program Criteria, is amended to provide that for purposes of evaluating Current Use Assessment applications for properties located both within the City of Auburn and within Pierce County, the City Council adopts Pierce County's Public Benefits Rating System criteria as set forth in Table 2.114-1, adopted in the Pierce County Code - Pierce County Ordinance Number 2009-45s Section 2 Ordinance No. 6282 December 8, 2009 • Page 1 of 3 (Part) and as may be amended by the Pierce County Council, which current version is as set forth in Chapter 2.114 of the Pierce County Code, and which table is attached hereto, marked as Exhibit A incorporated herein by reference. ' A copy of the current version of the Table and Pierce County Code Chapter 2.114 shall be on file and available at the Office of the City Clerk. The definitions and text in said Chapter 2.114 are also adopted by reference on so far as they are not inconsistent with other provisions of the Auburn City Code, and so as to provide assistance in interpreting and implementing said Table 2.114-1. B. Section 2 of Ordinance No. 6232, Appointment of Members, is amended to provide that the chairs of Finance, Public Works and Planning Community Development Committees are hereby appointed ~to the Joint r Determining Authority (JDA) and the Vice Chairs of Committee are hereby appointed as alternates to the JDA. C. Section 3 of Ordinance No. 6232, Processing Fee, is amended to provide that applicants shall pay the applicable fee in effect when the application is submitted. D. All other provisions of Ordinance No. 6232 shall remain in full force and effect. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 3. The provisions of this Ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this • ordinance, or the validity of its application to other persons or circumstances. Section 4. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: PASSED: APPROVED: Ordinance No. 6282 December 8, 2009 Page 2 of 3 . ATTEST: PETER B. LEWIS, MAYOR . Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Heid, City Attorney . Published: . . . Ordinance No. 6282 December 8, 2009 Page 3 of 3 Exhibit A to Ordinance No. 6282 Trtle 2 - AdminisJratiwi 2.114. 100 - Appendix „,4,Appendix "A" y. ~ _ } . , . ~ ~t r F : TABLE~2,114 1 y` fi ~ r ~ .a i . v_ _ - - Categories : - : Po~nt System>; Priority High PrioritX 5 points eacli Resow•ce • Agricultuu•al Lands • Critical SaImoii Habitat • Pish and Wildlife Habitat Conservation Areas • Marine Waters • Prairies • St►•eams • Ta•acts that'provide linkage and access to said open space areas • WetIands, Estuaries, and Tidal-Marshes , • Wooded Areas Medium Prioritv 3 poitrts each • Aquifer Reclfarge Areas • Flood Hazard Areas • Lakes • Private Open Space Passive Recreatioii • Privatety Otvned and Operated Recreational Facitities • Private Trails and Corridors • Arctiaeological Sites • Historic Landmark Sites • Tracts that provide linkage and access to said open space areas Low Prioritv I point each • Landslide Hazard Areas (Steep Slopes) • Private Paz•ks and Private Golf Courses with Developed Facilities • Scenic View Points and Corridors • Seismic Hazard Areas • Tracts that provide linkage and access to said open space . areas • Volcatiic Hazard Areas Bonus Public Access Granted 5 points Conservation/Historic Easement Granted in I'erpetuity 10 points (forever) Site Within a Designated Urban GroNvth Area (UGA) or the 5 points Comprehensive Urban Grotvth Area (CUGA) Site is Adjacent to (abuts) or Creates Liiikage Witli Anothet• S poiiits Open Space Parcel giine1• Properties with at least five priority resource points and 25 poiiits Boiiits which allow a degree of public access appropriate to tlie sensitivity of tlte resource(s) and which provide a qualifying consei•vation or histoi•ic easemetit in perpetuity. (Ord. 2009-45s § 2(part), 2009; Ord. 2004-112s § 2(part), 2004; Ord. 98-114S § 3(part), 1999) 2.114 25 PCDC 12114109 Pages: 1 Submitted by K. Scharer In Re: Item V.E. Open Space / Current Use PCDC Questions of Nov. 23rd 1. Provide RCW references for Open Space / Current Use: a RCW 84.34.020 - Definition of "Open Space Land" is included with Agenda Bill • RCW 84.34.037 - Criteria for Consideration included with Agenda Bill 2. When are points awarded for the Priority Resource of "Tracts that provide linkage and access to said open space areas"? • Priority Resource Points will be awarded for a tract that links together two or more open space tracts. • Bonus Points are given for any single parcel that is adjacent to another Open Space parcel. • Bonus Points are given when public access is granted. Note that the Pierce County staff has confirmed that they will be revising the Public Benefit Rating System 2.114-1 Table to clarify how points are awarded. 3. Revise JDA Alternates from the Municipal Services Committee to the Vice Chairs of the named Committees. See Ordinance 6282 Section 1 B. for requested revision. 4. Provide an example of an Open Space / Current Use Tax Value Reduction. The impact of an $800.000 Value Reduction in the Auburn School District (Tax Code Area 740) on a$250,000 home is $2.60. $.36 of that increase would be for the City tax portion and $2.24 would be the other taxing districts.