HomeMy WebLinkAbout52-00 - Ord. Amending Agricultural Resource Lands Provisions ORDINANCE NUMBER 52- 00
AMENDMENT TO AGRICULTURAL RESOURCE LANDS PROVISIONS
AN ORDINANCE amending various Mason County development regulations as follows :
Amending the Mason County 1 esource Ordinance, Ordinance 77 - 93 , Section 17 . 01 . 061
Agricultural Resource Lands, last amended by Ordinance 32 - 99 , under the authority of Chapters
36 . 70 and 36 . 70A RCW .
WHEREAS , the Mason County Board of Commissioners held a public hearing on June 8 , 2000 , to
consider comments of citizens on the proposed amendments ;
WHEREAS , these amendments are intended to comply with the Order of the Western Washington
Growth Management Hearings Board of August 19 , 1999 ,
WHEREAS , the Mason County Board of Commissioners has approved findings of fact to support
I
ts decision as ATTACIIIVIENT A.
WHEREAS , maps depicting the Agricultural Resource Lands have been prepared as
ATTACHMENT C ,
NOW, THEREFORE, BE IT HEREBY ORDAINED , that the Board of Commissioners of Mason
County hereby ADOPTS an amendment to the Agricultural Resource Land provisions of the Interim
Resource Ordinance 77 - 93 , as described in ATTACHMENT B . and to its Agricultural Resource
Land Maps, as shown in ATTACHMENT C .
DATED this 8th day of June, 2000 .
Board of Commissioners
Mason County, Washington
ATTEST :
3 ( �
John A. Bolender, Commissioner as erk of the Board °
>'' RO f A$'/TO FORM :
Mary Jody, C`ommissi � � � a'
p e / Prosecuting Attorney
CynthiN Olsen Commissioner
MASON COUNTY ORDINANCE 52- 99 , ATTACHMENT
Page "1
Mason County Board of County Commissioners
Public Hearing an June 8 , 2000
FINDINGS OF FACT
1 .
Under consideration is a proposal to amend the Agricultural Resource Lands provisions first
adopted as ordinance 152 - 97 . The proposal was prepared in response to an order of the Western
Washington Growth Management Hearings Board (Hearings Board) dated August 19 , 1999 .
Specifically, the proposed action is to amend Section 17 . 01 . 061 Agricultural Resource Lands and
to designated additional Agricultural Resource Lands .
2 .
Agricultural Resource Lands were designated and protected by Mason County on December 30 ,
1997, after a lengthy public review. It was also amended by Ordinance 89 -98 - to remove a
sunset provision that applied to the Skokomish Valley - and by Ordinance 32- 99 - to amend the
criteria and protections for the resource lands and to designate additional lands .
30
A State Environmental Policy Act Determination of Nonsignificance was issued on the proposed
changes on May 25 , 2000 , and no comment was received on the determination .
4 .
The proposal was forwarded to the Planning Commission, and a public hearing was scheduled on
May 31 , 2000 . However, the Planning Commission did not have a quorum and was unable to
make a recommendation to the Board of Commissioners in time for consideration prior to the
date for action (June 9 , 2000) ordered on this issue by the Hearings Board .
5 .
The order of the Hearings Board stated :
• the County must demonstrate the rationale for designating some agricultural resource
lands characterized by woodlands, housing lots, ponds, pasture or rangeland and not
others ;
• the County must clearly define what it means by " surrounded" by agricultural land ; and
• the County must recheck its designated ARL acreage for accuracy . .
6 .
Discussion .
In researching the nature and extent of agricultural activity in Mason County, one source of
information was the US Department of Commerce Census of Agriculture . The difficulty with the
utility of the information is that : 1 ) the farms are not identified in location and need not even be in
Mason County, 2) the acreages are self reported numbers, 3 ) the acreages include woodlands
which are forested lands that may not be appropriate for agricultural lands in the meaning of the
MASON COUNTY ANCE 52- 00 , ATTACHMENT A
Page 2
GMA, and 4) none of these farms are shown to have suitable soils (over a 1 , 000 acres that were
identified and used for farming were not designated because of the lack of such soils) . The farms
are credited to a county based on the place of residence of the owner, not on the location of the
farm . The county was unable to identify any lands for consideration based on this information .
However, the county noted that the Census of Agriculture stated that there were 3 , 870 acres of
cropland, 474 acres of pasture, and 870 acres of house lot, ponds etc . adding up to 5 , 214 acres of
improved land . In just those lands designated in 1997 , the county designated 4, 249 acres of
improved land . Woodland acreage would generally be categorized by the Assessor as unimproved
acreage or timber acreage .
The point the county was attempting to make when it presented Census of Agriculture
information is that the amount of improved land designated by the county is consistent with what
is suggested by Census information . Further analysis could be done to determine exactly how
much improved land the county did designate and to factor in improved farmland that the county
did not designated because of lack of suitable soils or too small a lot size, but that seems a waste
of scarce resources, since the 5 , 214 acre number from the Census of Agriculture is not a definitive
number for improved farmland nor for agricultural resource land located in Mason County .
No particular portion of the Census of Agriculture ' s 5 , 751 acres of woodland should be expected
to be identified and designated . This is not to say that some woodlands are not to be included in
land designated as agricultural resource lands, but that forested land is not what makes land
agricultural resource land by the definition in the Act . It might be on a different property, perhaps
not even on adjacent land, although it may be part of a "farm . " The county' s designation of
agricultural resource land does include some timber land and unimproved land (woodlands) and
finds that appropriate . However, tracts of timber are treated differently than agricultural resource
land under the Act . The county did designated about 200, 000 acres of long-term commercial
forest lands . Some or all of the woodland identified in the Census of Agriculture may be LTCF
land, there is no way to know .
Finding :
The county designated those lands that it could identify and show met the criteria for designation .
Information provided by the Census of Agriculture provides a sense of magnitude in how much
agricultural resource land might be found in Mason County, but it does not provide definitive
numbers nor does it identify the lands so that further analysis can be performed on them . A
comparison of the information found in the Census of Agriculture and the amount of improved
land designated just in 1997 indicate that the county designation seems reasonable .
7 .
Discussion ,
When the county amended the agricultural resource lands designation criteria in 1999 to include
MASON COUNTY ORDINANCE 52= 00 , ATTACHMENT A
Page 3
lands surrounded by agricultural land, the term " surrounded" was applied according to its
dictionary meaning "to encircle on all sides of simultaneously" (Webster' s II New Riverside
University Dictionary, Riverside Publishing Co . , 1988) . The purpose was to have more cohesive
blocks of agricultural land and reduce potential conflicts .
This purpose can be taken further and one option for doing that is considered in the current
amendment . With the proposed language, lands which are adjoining or adjacent to the agricultural
land would be designated , if at least 50% of their boundaries were shared with the resource lands .
On review, such a change would result in an identified 296 acres being designated as . additional
agricultural resource lands . Some parcels, which were already designated as long-term
commercial forest land were not proposed for re- designation, and one parcel which was just
designated in May as an isolated commercial/industrial area, is not proposed . This leaves some 49
parcels, as listed and mapped on the draft materials . Thirty eight of these parcels are under 10
acres .
A review of the maps shows that, while some blocks of designated land have intrusions reduced ,
other blocks have boundaries that are at least as irregular as before . Even where the regularity of
the block boundaries are not improved, the additional designation lands could help buffer the best
resource lands (those which are in larger lots and with prime agricultural soils) from development
on. the rural lands . Of course, specific buffer requirements for this purpose are an existing part of
the county regulations . Another consideration is that the rural densities and development
potential for the rural area lands adjoining most agricultural land was also reduced in May of this
year . Should this be approved by the Hearings Board, then there is even less purpose for
additional precautions being taken to buffer the agricultural lands .
After reviewing the effect of the proposed amendment on the boundaries of the resource lands,
the Board determined that in some cases the adjusted boundaries seemed logical or more regular .
The Board determined that judgement should be used in applying the proposed criteria and
proposed to amend the criteria to allow that . On review, two new parcels were added for
designation and some were removed from consideration, resulting in the designation, according to
the revised criteria, of a total 283 acres . This would result in a total designation of 5 , 948 acres of
agricultural resource lands .
Finding.
The agricultural resource lands designation criteria uses the term " surrounded" according to its
dictionary meaning "to encircle on all sides of simultaneously . " The current proposal adds to that
the designation of some adjoining lands which share at least 50% of their boundary with the
resource lands and which provide for a logical or regular boundary to the resource lands .
8 .
iscussion .
MASON COUNTY ANCE 52- 00 , ATTACHMENT A
Page 4
A review of the lands designated was done and the results compiled with parcel and acreage
information . In December of 1997 there were 4483 acres designated . (A total acreage of 4 , 491
from an estimate done in May of 1997 is in some places confused with the actual acreage
designated in December of 1997 as shown in the list of parcels . ) In 1998 an additional 80 acres
were designated, for a total 4 , 563 acres . In 1999 an additional 1 , 102 acres were designated, for a
total of 5 , 665 acres . The lands identified that meet the proposed amendments are identified by
parcel .
In Finding of Fact 6 of Ordinance 32 - 99 , it was noted that : " Of the approximately 5 , 900 acres of
potential resource land identified, less than 6 percent are in the small lots, and very few of the
small lots are adjacent to other small lots . " This number is the sum those parcels which meet
classification criteria 1 and 3 or 5 as designated in December 1997 (4483 acres) and as designated
in 1999 ( 1 , 078 acres) together with those parcels of potential resource land under 10 acres in size
(295 acres in 1997 and 34 acres in 1999) that were considered, but were not designated because
they were not at least 10 acres . The point of the analysis was to assess the qualitative effect of
small lots under 10 acres . That is not significantly changed when including the additional
" surrounded" lands designated or the " adjoining" lands under consideration .
Finding :
Mason County has designated 5 , 665 acres of agricultural resource lands, as of the end of 1999 .
The proposed amendment to the criteria would result in the designation of an additional 296 acres
as identified . This would give a total of 5 , 961 acres .
9 .
Discussion :
In Martha and Guy Parsons ' letters of May 31 and June 8 , 2000 , a number of suggestions are
made, but no new issues not reviewed in depth during the county review from 1996 through 1999
are raised . These issues were extensively discussed in an agricultural subcommittee made up of
members from the farming community and including petitioners to the Hearings Board on the
agricultural resource land issues . These issues have been presented to the Hearings Board and
accepted as in compliance with the act .
While 16 acre or 20 acre minimum lot size requirements may have their defenders, a 10 acre
minimum lot size was found to be appropriate and supported in the record . The letters present
inconsistent positions, stating on one hand that a '/z acre farm should be designated as resource
land while proposing regulations that would prohibit the creation of a farm of such size . That is a
different issue than including in designated lands some properties which are part of a larger block
of agricultural land, provided that the area qualifies to being "primarily devoted to commercial
production" as stated in the Act .
The letters confuse farm land with agricultural resource land ("Examples of farm land that has not
MASON COUNTY ORDINANCE 52- 00 , ATTACHMENT A
Page 5
been designated as such" from attachment 3 ) . The letters also do not recognize that agricultural
activity is a permitted and encouraged use in the Rural Area and that land need not be designated
as agricultural to operate and to receive some protection . The letters do not recognize that
properties that do not meet the standard criteria can request to be designated by showing in other
ways that they have long-term significance for agricultural use . This is the provision that
immediately follows criteria 5 in 17 . 01 . 061 A.
Attachment 1 of the letters is a 1997 Census of Agriculture (released in 1999) that updates the
1992 Census that had used during the county' s review. While this report indicates a boom in
agricultural activity, it is not at all clear what is happening or where it is happening . For the
reasons noted in Finding of Fact 6 , the application of the Census information to agricultural
resource . lands is indirect and only suggestive, not determinate . This reversal of long term trends,
if that is what it is and should it continue, is certainly interesting information to be considered in
future planning .
In attachment 3 of the letters, seven examples of "farm land that has not been designated as such"
are presented . Four of the seven were identifiable based on the information presented . Of those
four, only two are larger than 10 acres . Neither of those parcels have prime farmland soils . Of the
three properties not identified, according to the information presented, only one was larger than
10 acres . Based on the information available, none of there properties are appropriate for
designation .
Finding :
The current agricultural resource lands regulations for Mason County are in with the
Growth Management Act and the new information provided does not form a basis for additional
changes at this time .
From the preceding findings , it is concluded that proposed amendment should be adopted .
Mary Jo Cady, mmissioner
m_
� All
Cynth' D . Olsen, Commissioner
0o
Date
MASON COUNTY ORDINANCE 52-00 , ATTACHMENT
7 . 10 1 AGRICULTURAL
The purpose of this Section is to maintain and enhance natural resource based industries , to encourage
the conservation of commercial agricultural lands , and to discourage incompatible land use .
A . CLASSIFICATION
The following criteria shall be used in identifying lands appropriate for Agricultural Resource
Lands :
1 . The property has an existing commercial agricultural use (as of the date of designation)
or where the property was used for agricultural purposes as of January 1991 , where
identified by property tax classification in the Open Space - Agriculture property tax
classification program pursuant to Chapter 84 . 34 RCW or where agricultural use has
been identified as the principal use of the property , are presumed to meet this criteria ;
and
2 . The property has a minimum parcel size of ten ( 10) acres ; and
3 . The parcel has Prime Farmland Soils ; or
4 . The property is surrounded by or adjacent to lands qualifying under classification criteria
1 to 3 above , where adjacent to means at least 50 % of the property line adjoins resouce
lands per criteria 1 to 3 above , not including water bodies (rivers , lakes , or salt water) ,
provided this creates a more regular or logical boundary ; or
5 . The property is an upland fin -fish hatchery .
Provided that , property owners may apply to have their land designated as Agricultural Resource
Lands upon a showing that the property is eligible for and participates in the Open Space -
Agricultural property tax classification program pursuant to Chapter 84 . 34 and upon a showing
that either that the property has Prime Farmland Soils or that , in some other fashion , the
agricultural use has long-term commercial significance . Such applications shall be reviewed by
the county as provided for in the annual amendment process for the county comprehensive plan
and development regulations .
B . DESIGNATION
Lands of Mason County which have been identified as meeting the classification criteria for
Agricultural Resource Lands , and are so specified on the official Mason County Map , available at
the Mason County Planning Department , titled , "Mason County Agricultural Resource Lands" or
as thereafter amended , are hereby designated as Agricultural Resource Lands .
C . LAND USES
Development and land uses and activities allowed in the agricultural resource lands or on
adjacent lands are as specified in the Mason County Development Regulations and other
applicable ordinances , codes and regulations .
MASON COUNTY ORDINANCE 52-009 ATTACHMENT
Page 2
D . PREFERENTIAL RIGHT TO MANAGE RESOURCES AND RESOURCE USE NOTICES
1 . For land owners who have land designated as agricultural resource lands , provisions of
" Right to Farm provided under Section 17 . 01 . 040 . C . 5 shall fully apply .
2 . All plats , short plats , large lot subdivision , development permits , and building permits
issued for activities on , or within 300 feet of lands designated as agricultural resource
lands shall contain the following notification : "This property is within or near designated
agricultural resource lands on which a variety of commercial activities may occur at
times and that are not compatible with residential development . Residents of this
,property may be subject to inconvenience or discomfort associated with these activities
including , but not limited to : dust , odor , noise , and chemical applications . "
MASON COUNTY ORDINANCE 52- 009 ATTACHMENT C
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AG LAND 2000
AGRICULTURAL RESOURCE LAND
Parcels approved for designation
on June 8 , 2000
Parcels which are adjacent to ARL
Parcel Number Acres
1 123325000089 3069
2 319032100010 2
3 319321360030 4 , 88
4 320052400010 4 . 1
5 320113400010 2 . 7
6 320142100010 7 , 72
7 320142100011 0 , 75
8 320142100030 1
9 419034390020 3 , 88
10 419091400020 0492
11 419252000040 3 . 83
12 419252100020 4 , 16
13 419252100090 1484
14 419253200000 3 , 54
15 420203300000 3 , 31
16 420211300010 604
17 420213100010 2089
18 420213100030 1013
19 420351200010 9479
20 420351200020 10 , 21
21 421083400040 6089
22 421084300010 9 , 75
23 421084300050 0 , 43
24 421084300060 2A7
25 421084300070 0 , 25
26 421084400080 13
27 421093400000 5 . 2
28 421153200070 1 , 34
29 421153200110 2066
30 421153200130 2
31 421162300020 1071
32 421164190010 27025
33 421164200020 10 . 25
34 421164200030 1 . 25
35 421172400000 63 , 49
36 421181100090 1 , 25
37 520244300000 10
38 520244300020 13 . 31
39 620074300000 20
40 620083490010 1 . 3
41 620291100020 10
TOTAL ACRES 282 , 54
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