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Home My WebLink AboutITEM VIII-A-3C ITY * <; ~UA, ~ -10"~ WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Proposed Ordinance 6282 related to Open Space Date: December 15, 2009 Taxation/Current Use Department: Planning, Building Attachments: Budget Impact: & Communit Develo ment As Listed Below $ 0 Administrative Recommendation: City Council introduce and adopt Ordinance 6282. Background Summary: The following key elements related to City Open Space Taxation/Current Use review processes will be amended through adoption of Ordinance 6282: • Pierce County Public Benefit Rating System (PBRS). Extend the December 31, 2009 sunset ciause of Ordinance 6232 to December 31, 2010, in order to apply the PBRS of Pierce County Code 2.114 to existing applications in process. Adopt Pierce County PBRS criteria as amended and criteria as may be amended by the Pierce County Council to consider future applications that may be filled prior to December 31, 2010. • Joint Determining Authority (JDA). Reappoint the three JDA members beyond the December 31, 2009 sunset ciause 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. A briefing was provided to the PCD Committee on December 14, 2009 and to the Finance Committee on December 21, 2009. L1221-1 F4.3 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 COMMITTEES: ❑ Building ❑ M&O ❑ Airport ED Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ~ Planning & CD ❑ Fire [D Planning ❑ Park Board ❑ Public Works 0 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: December 21, 2009 Item Number: VIII.A.3 AUBCTRN *MORE THAN YOU IMAGINED 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 Proqram 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 15, 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 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. Provided that the Pierce County's Public Benefits Rating System criteria as set forth in Table 2.114-1 and attached as Exhibit A shall sunset and automatically expire and be of no further effect on December 31, 2010, unless expressly Ordinance No. 6282 December 15, 2009 Page 2 of 3 extended or renewed by action of the City Council, in which case, the criteria and provisions of state law applicable to Current Use Assessment Tax programs would apply. ATTEST: Danielle E. Daskam, City Clerk APP ~ VED AS TO FORM: ~ 8V tiiniel B. Hei , City Attorney Published: INTRODUCED: PASSED: APPROVED: PETER B. LEWIS, MAYOR Ordinance No. 6282 December 15, 2009 Page 3 of 3 Trtle 2 - ddntiitish•atiatt 2.114J00-Appendi.r „A„ Appendix "A" Priority High Prioritv Resow•ce • Agricultural Lands • Critical SaImott Habitat • Fish and Wildlife Habitat Conscrvatioai Areas • Marine Wakers • Prairies • Streams • Tracts that provide linkage and access to said open space areas + Wetlatids, Estuaries, and Tidal-Marshes • Wooded Areas Medium Prioritv • Aquifer Recharge Areas • Flood Hazard Areas • Lakes • Private Open Space Passive Recreation • Privately Owned and Operated Recreational Facitities • Private Trails and Corridors • Archaeological Sites • Histoi•ic Landmark Sites • Tracts that provide linkage and access to said open space areas 5 points each 3 points each Low Prioritv i point each • Landslide Hazard Areas (Steep Slopes) • Private Pat•ks and Private Golf Courses with Developed Facilities • Scenic View Foints and Corridors • Seismic Hazard Areas • Tracts that provide linkage and access to said open space areas • Volcanic Hazard At•eas Bonus Public Access Granted 5 points ConservationlHistoric Easement Granted in Perpetuity 10 points (forever) Site Witliin a Designated Urban Gro-svtti Area (UGA) or the 5 points Comprehensive Urban Growth Area (CUGA) Site is Adjacent to (abuts) or Creates Linkage With Anothec 5 points Open Space Parcel Sitper Properties witEi at least five priority resource points and 25 points Baqiis which allow a degree of public access appropriate to the sensitivity of the resource(s) and which provide a quatifying conset•vation or historic easement in pei•petuity. (Ord. 2009-45s § 2(part), 2009; Ord. 2004-112s § 2(part), 2004; Ord. 98-1145 § 3(part), 1999) 2.114 25 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 agricultural 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) should be approved or disapproved, the grantinq authoritv mav take coqnizance of the benefits to the qeneral welfare of preservina the current use of the propertv 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 granting the application for land applying 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 ratinq svstem is adopted under RCW 84.34.055 the countv leqislative authoritv shall rate propertv 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 § 5.1 ORDINANCE N0. 6232 AN ORDINANCE OF THE C{TY COUNCII. OF THE CITY OF AUBURN, WASHINGTON RELATED TO THE CURRENT USE ASSESSMENT TAX PR4GRAM, ADOPTING CRITERIA FOR 2008 APPLICATIONS, APPOINTING MEMBERS TO THE JOINT DETERMINING AUTHORITY, AND ASSESSlNG AN APPUCATION FEE WHEREAS, Chapter 84.34 af the Revised Code of Washington ("RCW") pravides for certain praperties within the City to ba assesssd based on the current use oi that property instead of at the highest and best use of the property in order tq 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) cansisting of three County Council members and three City Cauncil members; and WHEREAS, RCW 84.34.030 aflows the City to charge a reasonable processing fee for evaluafion of these applications; NOW, THEREFORE, THE C1TY COUNCIL OF THE GTY OF AUBURN, WASHINGTON, DO ORDAIN as fioiiows: Section 9. Current Use Assessment Proqram Criteria. For purposes of evaluating Current Use Assessment applications for properfies located both wi#hin the City of Auburn and within Pierce County that are to be decided in 2009, the City Councl( adopts Pierce County's Public Benefits Rating System criteria as set forth in Chapter 2.114 of the Pierce County Code. Sectlon 2. Appointment of Members. The chairs of Finance, Public Warks and Planning & Community Development Committees are hereby appointed to the Joint Determining Authorify (JDA) until December 31, 2009. The chair of the Munic9pal Services Committee is hereby appointed as an afternate to the JDA. Ordinance No. 8232 April 14, 2009 Page 1 of 2 Section 3, Processinq Fee. Applicants shall pay the Miscellaneous Administrative P{anning fee in effect when the appiication is received by the City. Section 4. Implemen#ation. The Mayor is hereby authorized to impiement such administrative procedures as may be necessary to carry out the directions af this legislation. Section S. Severabifity. The provisions of this ordinance are declared to be separate and severabie. The invalidity of any clause, sentence, paragraph, subdivision, section ar portian of this ordinance, or the invalidity of the application thereof to any person or circumstance shail not affect #he validity of the remainder of.this ordinance, or the.validity of its application to other persons ar 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: AFR 2.0 2009 PASSED: APR 2 Q 2009 _ AP RO D: 0 2009 , PET R B. LEWIS, MAl'OR ATi'EST: Danielle E. Daskam, City Clerk APP VED RM• nie B. Hei , Attarney Publishect: Aar"~ -z E-r~n Ordinance IVo. 6232 Apri! 14, 2009 Page 2 of 2 7711e 2 - Adminlstrarfar ?.l14.100-.fppendtx "A" Appendix "A" Categorles Point System Pdority Hig Prioritv 5 points each Resource • Crittcal Sslmon Habitai • Fish and Witdlife Habitat Conservation Areas • Marinc Waters Streams • Wetlands, Bstuaries, and TidaT-Marshes • Wooded Areas jvt2d}um,Pguritv . . 3 points each • Agricultura[ T,ands • Aquifer Rechazgo Areas Ptood Hazard Areas • Lakes •Private Opsn Space Passive Recreation • Pr"svately Owned and Operated Recreatioaal Faci[ides • Private Trails and Corridors Low Prioritv 1 point each • Archaeological Sites • Htstoric T.andmark Sites • Landslide Hazsrd Areas (Steep Stopes) Private Parks and Private Golf Courses with Developed PaciliNes Scenic View Potnts and Corridors • Seismic Iiazard Areas • Volcanic Hazard Aroas Boaua Public Access (3ranted S ints Conservation/Historio Easemant Ciranted in Perpetuity 10 points forevar Site Within a Designatat Urban Growth Area (UGA) or the 5 polnts Com rchenstve Urban Growth Ar+ca CUQA Sito is Adjacent to (abufs) or Cmates Linkage With Another 5 pQinls 0 en S acc Pareel Super Properties with at feast live priority resource points and , 25 points Bonus which allow a degree of public accass appropriate ko the sensitivity of ihc resotuce(s) and which provide a qualtfying conservation or historic easement in perpetuity. (Ord. 2004-112s § 2(part), 2004; Ord. 98-1145 § 3(patt), 1999) 2.114 24 Tt!!e 2 - Adminlslrallon 2.114. 100 Appendlx "B" Appendix "B" (Ord. 98-1145 § 3 (part), 1999) 2.l l4 25 i CITY OF U B V J~1. ~1 Peter B. Lewis, Mayor WASH [NGTON 25 West Maln 5treet * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-3000 STATE OF WASHINGTON ) )ss. COUNTIES OF KING AND PlERCE ) I, Danielle Daskam, the duly appointed, qualified City Clerk of #he* Gfy of Auburn, a Municipal Corparation and Code City, situate in the counties of King and Pierce, State of Washington, certif}+ as follows: 1. ' The foregoing is a full, true and correct copy of fJrdinance No. 6232 (the "Ordinance") duly passed by the Cauncii 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 pravided by law in the Seatt[e Times, a daily newspaper published in the City of Auburn, and of generai circulation therein, on the 23rd day of April, 2009. Witness my hand and the official seal af the City of Auburn, this 29th day of June, 2009. Danielle Daskam, ity er City of Auburn AUBURN * MORE THAN YOU 1MAGINED