HomeMy WebLinkAboutITEM V-E
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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.