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HomeMy WebLinkAbout08 0525 95LC: PCG Pl_ 5-';k6 -CL5 STATE OF WASHINGTON COUNTY OF JEFFERSON An ordinance designating and conserving, } on an interim basis, agricultural lands of } long-term commercial significance, as } Ordinance No. 08-0525-95 required by Chapter 36.70.A RCW } Section 1.00 Purpose: The intent of this ordinance is to designate and conserve agricultural lands of long-term commercial significance. Lands not designated as agricultural land of long-term commercial significance are not required or encouraged to convert to other uses. On the contrary, agriculture is encouraged on all lands where it can be practiced without promoting conflict with adjacent land uses or posing the threat of environmental degradation. Specific purposes include: 1. To sustain and enhance agricultural operations of long-term commercial significance by protecting from incompatible development those lands that can be economically and practically managed for agricultural production. 2. To support the continued economic significance of agriculture in Jefferson County through designating those parcels that are currently farmed, greater than 20 acres in size and contain prime farmland soils as long-term commercially significant. 3. To support the continued economic significance of agriculture in Jefferson County through providing the opportunity for owners of other lands to gain the protections afforded by this ordinance by opting into the agricultural lands designation. 4. To alleviate the pressure experienced by owners of agricultural resource land to convert their land to more intense uses. 5. To alert potential purchasers as to the location of agricultural resource lands, and the nature of land uses and activities to be expected within such areas. 1.10'Findings: The Jefferson County Board of Commissioners enter the following findings: 1. The Washington State Legislature adopted the Growth Management Act, Engrossed Substitute House Bill 2929, now codified as Chapter 36.70A RCW, which, in part, requires local governments to classify, designate and regulate to conserve resource lands. 2. In accordance with RCW 36.70.A.050, the (then) Washington State Department of Community Development established Minimum Guidelines to classify and designate resource lands, codified as Chapter 365-190 WAC. 1 ,VOL 21 rAs�620 3. On June 13, 1994, the Board of County Commissioners (BOCC) adopted Resolution No. 67-94, a resolution addressing the absence of agricultural lands of long-term commercial significance in Jefferson County. 4. On September 8 and 9 1994, the Western Washington Growth Management Hearings Board received petitions for review of the interim mineral and forest land ordinances, together with Resolution No. 67-94 addressing agricultural lands, from the Olympic Environmental Council, the Washington Environmental Council and the Washington State Department of Natural Resources. 5. On October 28, 1994, the County adopted an emergency ordinance, Ordinance No. 16- 1028-94, which committed the County to adopting new interim resource land ordinances by November 30, 1994, and reopened the public process for the submission of comment on potential designation. 6. Following advertisement in the Port Townsend/Jefferson County Leader for the submission of further information from interested parties, the County adopted an emergency ordinance, Ordinance No. 17-1128-94, on November 28, 1994, which extended the deadline for adoption of new interim resource land ordinances to December 14, 1994. 7. In response to an identified need for an expanded analysis and public review process for forest resource lands, the County adopted Ordinance No. 18-1212-94, an emergency ordinance extending the timeline for completion of replacement interim resource land ordinances to February 13, 1995. 8. On January 11, 1995, the Western Washington Growth Management Hearings Board held a public hearing on the merits of the appeals filed by the Olympic Environmental Council, the Washington Environmental Council, and the Washington State Department of Natural Resources on the County's existing interim resource land regulations. 9. On February 16, 1995, the Western Washington Growth Management Hearings Board issued its final decision and order (Case No. 94-2-0017) on the appeals of the County's interim resource land regulations. 10. The Western Washington Growth Management Hearings Board found Resolution No. 67- 94 out of compliance with the Growth Management Act on the grounds that it did not comply with the requirements of the Growth Management Act relating to the interim designation and protection of agricultural lands. 2 L.vol. 21 FAU 621 11. Specifically, the Western Washington Growth Management Hearings Board found that there was no evidence in the record to support the County's non -designation of agricultural lands and that the language in the resolution postponing this action until the adoption of the comprehensive plan directly conflicted with the requirements of the GMA. 12. The Western Washington Growth Management Hearings Board directed the County to adopt an ordinance that designates and protects agricultural lands consistent with RCW 36.70A within 60 days of February 16, 1995. 13. Working in response to this decision, the County commenced drafting an ordinance intended to designate and conserve any agricultural lands of long-term commercial significance determined to exist within it's unincorporated lands. 14. Extensive reference was made to the written testimony received in November 1994 in drafting the proposed ordinance. 15. Review of the November 1994 testimony, the findings contained within Resolution # 67- 94 and Federal statistics, provided the following information about the agricultural sector in Jefferson County. 16. According to data provided in the'County and City Data Book, 1994' published by the U.S. Department of Commerce, 1990 farm earnings in Jefferson County accounted for 2.7% of total county earnings, this figure being less than the state-wide average of 2.8%. 17. According to data provided in the 'County and City Data Book, 1994' published by the U.S. Department of Commerce, the total number of farms in Jefferson County fell by 41 over the period 1982 - 1987. 18. According to data provided in the 'County and City Data Book, 1994' published by the U.S. Department of Commerce, the average value of products sold per farm in Jefferson County for 1987 was $21,775. This figure is $65,225 less than the 1987 state-wide average of $87,000. 19. Proximity to markets is identified as a relevant criterion for the designation of agricultural land of long-term commercial significance by the Minimum Guidelines (Chapter 365-190- 050(1)0) WAC). 20. The predominant agricultural activity in Jefferson County, as measured by acres farmed and employment, is dairy farming. 3 "VOL 21 m,,622 1 21. Jefferson County is located approximately sixty (60) miles from the major regional 2 demand centers for dairy products and no approved facilities for processing dairy products 3 are located on the Olympic Peninsula, requiring that unprocessed and unpackaged milk be 4 transported elsewhere. 5 6 22. Transportation costs play a significant role in determining the commercial viability of a 7 farming enterprise. 9 23. Significant numbers of large dairy farming operations with associated processing facilities 10 are located in Snohomish and Skagit Counties, immediately adjacent to the major demand 11 centers for dairy products. 12 13 24. Transportation costs for these dairy farms are substantially lower than for competing dairy 14 farms located in Jefferson County. 15 16 25. Dairy farms located in Jefferson County also pay more money than their competitors to 17 receive necessary non -local inputs while receiving essentially the same payment for their 18 products. 19 20 26. This combination of factors results in Jefferson County dairy farms earning a relatively low 21 profit (or rate of return) for the labor, capital and land invested in the enterprise, thereby 22 raising doubts over their ability to remain in business over the long-term due to their 23 enhanced vulnerability to any downturn in the dairy industry. 24 25 27. The system for designating and conserving agricultural land of long-term commercial 26 significance contained within this ordinance is the result of a detailed consideration of the 27 spirit and the intent found in the language of the goals and requirements of the GMA, 28 together with the foregoing information. 29 30 28. Adoption of the agricultural land designation and conservation system contained in 31 this ordinance is considered desirable by the County as it provides the necessary 32 mechanisms to retain land that is both prime agricultural soil and currently farmed in 33 agriculture, while providing the landowner with the ability to supplement their 34 agricultural income through providing appropriately scaled development and use options. 35 36 29. The Board finds that the parties appealing the original ordinances and resolution agreed to 37 an extension of the 60 day compliance deadline set by the Western Washington Growth 38 Management Hearings Board to June 1, 1995. 39 40 30. The majority of available staff resources were devoted to producing a new interim forest 41 land ordinance that benefitted from a full public participation process, thereby limiting the E . VOL 21 m7623 opportunity for a similar process to be followed in creating an ordinance that designates and conserves agricultural lands of long-term commercial significance while complying with mandated deadlines. 31. Failure to adopt an ordinance that designates and conserves agricultural lands of long-term commercial significance will result in continued uncertainty for owners of these lands and a fluctuating regulatory environment that has the potential to limit the options available to the owners of non -designated lands for the legal use and enjoyment of their property. 32. Emergency adoption of this ordinance will remove this possibility of continued regulatory uncertainty, thereby benefitting all owners of land in unincorporated Jefferson County, together with residents of this County. 33. The Board of County Commissioners finds that emergency adoption of this ordinance will lessen regulatory uncertainty by bringing the County into conformance with the goals and requirements of the Growth Management Act, as identified in RCW 36.70A.170, RCW 36.70A.060, and RCW 36.70A.020. 34. The Board intends that this ordinance shall apply to all property within the unincorporated areas of Jefferson County, to the extent permitted by law. 35. This ordinance allows for development to proceed in a manner consistent with the rights of individuals to peacefully use and enjoy their property. 36. These regulations bear a substantial relationship to the public health, safety and welfare of the County as a whole. Section 2.00 Policies: It is the goal of Jefferson County to conserve and encourage existing and agricultural activities on those lands that can be economically and practically managed for such activities and protect these lands of long-term commercial significance from encroachment and incompatible uses. These goals shall be accomplished through the following policies: 1. It is the policy of Jefferson County to conserve the agricultural sector by identifying and designating those lands where the principle and preferred land uses are agricultural and agriculture related. 2. The primary land use activities in designated agricultural lands shall be the practice of agriculture and those activities necessary for its continued existence. 3. To promote certainty and continuity in the management decisions of agricultural land 5 VOL. 21 Face 624 I owners, the County shall endeavor to adopt goals, policies and regulations for the 2 conservation of long-term commercially significant agricultural land under the revised 3 Comprehensive Plan, that bear a substantial relationship to those contained within this 4 ordinance. 5 6 4. The County discourages the establishment or expansion of special purpose taxing districts 7 and local improvement districts, or the imposition of rates, charges and fees which may 8 place a financial burden on commercial agricultural land owners, with the exception of the 9 formation or expansion of fire district boundaries. 10 11 5. Land use activities adjacent to designated agricultural land should be sited and designed to 12 minimize conflicts with agricultural activities. 13 14 6. Special development standards for lot size and configuration and dwelling unit location 15 should be adopted for development adjacent to agricultural land. 16 17 7. Agricultural activities performed in accordance with county, state and federal laws should 18 not be subject to legal action as public nuisances. 19 20 8. Notification should be placed on all plats, binding site plans, or building permits that the 21 adjacent land is in resource use and subject to a variety of activities that may not be 22 compatible with residential development. The notice shall state that agricultural activities 23 performed in accordance with county, state and federal laws are not subject to legal action 24 as public nuisances. 25 26 9. The County shall support those land uses adjacent to designated agricultural lands of long - 27 term commercial significance that minimize conflict with agricultural activities. 28 29 30 Section 3.00 Definitions 31 32 3.10 "Agricultural land": means land primarily devoted to the commercial production of 33 horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animal products or of berries, 34 grain, hay, straw, turf, seed, Christmas trees not subject to the excise tax imposed by RCW 35 84.33.100 through 84.33.140, finfish in upland hatcheries, or livestock, and that has long-term 36 commercial significance for agricultural production. 37 38 3.20 "Agricultural land of local significance": is land in addition to designated Class I or Class II 39 farmlands that is of local importance for the production of food, fiber, forage or oilseed crops. 40 Generally, additional farmlands of local importance include those that are nearly prime farmland 41 and that economically produce high yields of crops when treated or managed according to rel ,VOL 21 m_625 acceptable farming methods. Such farmland may include areas of commercial aquaculture and mariculture. 3.30 "Commercial Agriculture": Farming activity carried out with the intent of making a profit. 3.40 "Parcel": A legally created lot, parcel, or tract of real property in which the boundary is defined by a deed recorded in the Jefferson County Auditor's Office; or, a legally created lot, parcel, or tract of real property that has been defined by a survey recorded pursuant to Washington State surveying or platting laws. 3.50 "Prime farmland soil": is land that has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber and oilseed crops and is available for these uses. (See Part 603.05, National Soils Handbook, Department of Agriculture, Soil Conservation Service.) (WAC 365-190-030(1)(a)). Section 4.00 Designation of Interim Agricultural Lands of Long -Term Commercial Significance: 4.10 Designation of Class I Agricultural Land: Any parcel that meets all of the following criteria is hereby designated as interim Class I Agricultural Land of Long -Term Commercial Significance: 1. More than fifty per cent (50%) of the parcel consists of Prime Farmland, as designated by the Soil Conservation Service of the United States Department of Agriculture; 2. The parcel is nominally 20 acres or greater in size; 3. The parcel is adjacent to parcels of at least three (3) acres in size on 75% or more of its perimeter. 4. No part of the parcel lies within the boundary of a designated Interim Urban Growth Area. 5. The parcel is currently used or managed for commercial agricultural purposes. 6. The parcel is enrolled in the'Open Space Agricultural Tax Program' 4.20 Designation of Class II Agricultural Land: Any parcel that meets all of the following criteria is hereby designated as interim Class II Agricultural Land of Long -Term Commercial Significance: 1. The parcel is nominally 20 acres or greater in size; 7 - VOL 21 ME -626 2. The parcel is adjacent to parcels of at least three (3) acres in size on 75% or more of its perimeter. 3. No part of the parcel lies within the boundary of a designated Interim Urban Growth Area. 4. The parcel is currently used or managed for commercial agricultural purposes. 5. The parcel is enrolled in the'Open Space Agricultural Tax Program' 4.30 Designation of Class III Agricultural Land (Agricultural Land of Local Significance): The owner of a parcel that meets all the following criteria may petition the County for designation as Agricultural Land of Local Significance, in order to gain the protections provided by this ordinance. 1. No part of the parcel lies within the boundary of a designated Interim Urban Growth Area. 2. The parcel is a minimum of five (5) acres in size. 3. The subject property is surrounded by parcels no smaller than three (3) acres in size on 100% of its perimeter. 4. The parcel meets the definition of agricultural land provided by this ordinance at the time the petition is submitted; 5. The parcel is currently used or managed for commercial agricultural purposes. 4.40 Designation of Fish Hatcheries: Any parcel of land that is used as the upland location of a finfish hatchery shall also be designated as agricultural land of long-term commercial significance by this ordinance. Section 5.00 Maps: Parcels designated as agricultural land of long-term commercial significance shall be identified on maps prepared by the county using the following sources: 1. Jefferson County Assessors Office parcel maps 2. Jefferson County Integrated Data Management System, GIS Data Bases for Public Service Providers 3. Data provided by the Jefferson County Conservation District E1.3 dYOL 21 m-._62 f I Section 6 00 Amendment of Designation: 2 3 Section 6.10 Effective Period: Jefferson County shall allow the submission of petitions for the 4 amendment of agricultural land designations made by this ordinance from the date the ordinance 5 becomes effective to the time it is replaced by a permanent control. 6 7 6.10.1 Forms: With the exception of any required professional reports, petitions for the 8 amendment of agricultural resource land designations made under this ordinance must be 9 made on forms provided by the County and shall be reviewed for completeness prior to 10 formal acceptance. 11 12 6.10.2 Fees: With the exception of costs incurred for publishing any legal notices in the 13 newspaper of record, no fees shall be charged by the County for processing any petitions 14 made under this ordinance section. The petitioner shall, however, be liable for the payment 15 of any consultants they have retained to prepare materials for their petition. 16 17 Section 6.20 Petition for Removal from Designation: The owner of any land so mapped as 18 designated Class I, Class II, or Upland Finfish Hatchery Land may petition the County for 19 removal of said designation in the following circumstances: 20 21 1. Incorrect application of the designation criteria contained in subsections 4.10, 4.20 22 and 4.40 of this ordinance. 23 24 2. Lapse of the 'prime' farmland soil designation due to inability to maintain the 25 drainage of land. 26 27 3. Incorrect identification of a parcel by the county as a finfish hatchery. 28 29 6.20.1 Process: 30 31 1. At least ten days prior to the Hearing Examiner reviewing a petition to amend 32 designation, a legal notice describing the petition, together with the date, time, and 33 location of the hearing shall be published in the County newspaper of record. 34 35 2. The Hearing Examiner shall hold a public hearing on a petition for removal 36 from designation and shall review the petition using the criteria identified in 37 subsections 4.10 and 4.20 of this ordinance. 38 39 3. The Hearing Examiner is hereby assigned the functions, powers and duties incident to 40 holding hearings and making recommendations to the Board on the approval or 41 disapproval of petitions to remove land from the designation made under this 42 ordinance. E ,VOL 21 mc_628 1 4. The Board of County Commissioners shall review recommendations made by the 2 Hearing Examiner and approve or disapprove the recommendation. 3 4 5. Where the Board disagrees with the recommendation forwarded by the Hearing 5 Examiner, it may hold a hearing and formulate findings and conclusions using the 6 processes identified in subsections 6.20.1.1 and 6.20.1.2. 7 8 6 20 2 Designation Status Following Successful Application: Where the petition for 9 removal from the agricultural resource land designation is successful, the subject property 10 shall revert to the land use and zoning designations that were in effect prior to it being 11 designated agricultural resource land. Where the precise designation no longer exists due 12 to changes in County plans and regulations, the property shall be placed in the land use 13 designation that most closely corresponds with the former designation. 14 15 6.30 Petition for Designation as Agricultural Land of Local Significance: 16 17 6 30 1 Adjacent Property Owners: All petitions for designation as agricultural resource 18 land of local significance shall be accompanied by a listing of all owners of real property 19 where such property lies within one quarter (1/4) mile of the proposed agricultural land. 20 21 6.30.2 Process: Petitions for designation as agricultural land of local significance shall be 22 reviewed by the County using a similar process to that identified in subsection 6.20.1 23 of this ordinance. The County shall, however, review the petition for conformance with 24 the requirements identified in subsection 4.30 of this ordinance and, at least ten days prior 25 to the public hearing, mail a copy of the legal notice to all owners of real property lying 26 within one quarter (1/4) mile of the proposed agricultural resource land. ?7 28 29 Section 7.00 Development Regulations: 30 31 7 10 Base Development Density: 32 33 1. No land designated as Class I, Class Il, or Finfish Hatchery agricultural land of long-term 34 commercial significance shall be subdivided or developed such that its residential density 35 exceeds one unit per twenty (20) acres, when the property owner elects not to use the 36 cluster subdivision option provided in subsection 7.20 of this ordinance. 37 38 2. Lands designated as agricultural resource land of local significance under subsection 4.30 39 of this ordinance shall have a maximum residential density of one dwelling unit per parcel 40 or one dwelling unit per twenty (20) acres, whichever is the greater. 41 42 7.20 Cluster Development: As an alternative to the method of subdivision allowed by subsection 43 7.10 of this ordinance, the owner of a parcel designated as Class I, Class II, or Finfish Hatchery 10 _vol. 21 ra V9 agricultural land of long-term commercial significance may undertake a cluster subdivision. The objective of a cluster subdivision is to provide a property owner with sufficient development rights to maintain their ownership options while retaining the maximum amount of land in agricultural production. A cluster subdivision as allowed by this ordinance shall possess the following characteristics. 1. Retain a minimum of 60% of the original parcel in agricultural use. This land shall be dedicated to agricultural activities and managed or jointly owned according to administrative rules to be separately developed by the County. The 60% figure may be adjusted downward to a minimum of 50% based upon recommendation to the Board of County Commissioners from the Jefferson County Hearing Examiner. The Hearing Examiner shall conduct a public hearing on such a request using the variance procedure contained in the Jefferson County Subdivision Ordinance. 2. Have a maximum base density of one dwelling unit per five acres, calculated across the entire area of the parcel (for example, a 20 acre parcel shall have a maximum of four (4) building lots or home sites). 3. The minimum lot size for any building lot or home site created under the provisions of this subsection shall be one (gross) acre. 4. Wherever possible, the cluster development shall be located on the parcel so as to minimize its potential for intrusion upon existing agricultural land uses. 5. Wherever possible, the cluster development shall be located adjacent to existing residential development and rights of way. 6. Any critical areas located on the subject property may be included in the land dedicated to agriculture without any adjustment being made to the number of allowed cluster lots due to the critical area being defined as unbuildable by the County. 7. Development rights from agricultural resource lands in the same ownership may be transferred to a cluster development on designated agricultural resource land subject to the following limitations: A. The minimum lot size requirement specified in 7.20.3 B. A maximum cluster size of twice the number of lots or building sites specified in 7.20.2. 8. Where necessary for the purpose of preserving agricultural land on a parcel, a strip of 11 VOL 21 wA 630 adjacent lots shall be construed as a cluster (for example, cluster lots running along the perimeter of a parcel that lies adjacent to an existing right of way). Section 8.00 Uses 8.10 Permitted: 1. Agriculture; floriculture; horticulture; general farming; dairy; the raising, feeding, and sale or production of poultry, livestock, fur -bearing animals, or honeybees; Christmas trees; nursery stock and floral vegetation; and other agricultural facilities and structures accessory to farming and animal husbandry. 2. The extraction and primary processing of mineral resources. 3. Watershed management facilities, including but not limited to diversion devices, impoundments, dams for flood control, fire control, stock watering, and hydroelectric generating facilities. 4. Storage of fuels and chemicals used for agriculture subject to all applicable local, state and federal regulations. 5. Utility and transmission facilities within existing right -of -ways. 6. Treatment of waste water or application of sewage sludge. 7. Single family detached dwellings and mobile/manufactured homes and accessory residential uses. 8.20 Conditional Uses: The following uses shall be allowed only after obtaining a conditional use permit. In the design and operation of a development or use authorized by a conditional use permit in designated agricultural lands, the major emphasis is to be placed on protecting the ability of the agricultural land owner to conduct a full range of agricultural activities. 1. Public and semi-public buildings, structures, and uses including but not limited to fire stations, utility substations, pump stations, wells, and transmission lines. 2. Telecommunication facilities. 12 1 8.30 Setbacks from Class I, Class II, or Finfish Hatchery Land: 2 Upon the date this ordinance becomes effective, the standard setback for a dwelling unit 3 constructed on a parcel that lies immediately adjacent to a parcel designated as Class I, 4 Class II, or Finfish Hatchery agricultural land shall be seventy five (75) feet from the legal 5 property line. 7 8.40 Setbacks from Class III Agricultural Land (Agricultural Land of Local Significance 8 The standard setback for a dwelling unit constructed on a parcel that lies immediately 9 adjacent to a parcel designated as Class III agricultural land shall be thirty five (35) feet 10 from the legal property line. 11 12 8.50 Modification of Setback Requirements: These setbacks requirement shall be strictly 13 adhered to with the following exception: 14 15 1. Where a parcel lying immediately adjacent to designated agricultural land has 16 been created prior to adoption of this ordinance, the residential setback may be 17 reduced when a written waiver is obtained from the owner of the designated 18 agricultural land. If a waiver is granted, the final residential setback shall not be 19 less than that provided by the underlying zoning setback. 20 21 22 Section 9.00 Plat Notation: Jefferson County requires that all plats, short plats, development 23 permits and building permits issued for development activities on, or within three hundred feet of 24 land designated as agricultural land of long-term commercial significance, shall contain a notice 25 that the subject property is within or near designated long-term commercial agricultural lands on 26 which a variety of commercial activities may occur that are not compatible with residential 27 development. These activities include ploughing, harrowing, seeding, harvesting, livestock 28 movements, manure spreading and storage, silage processing, spraying, stubble burning and 29 vehicle movements, which can generate dust, smoke, noise and odor. The notice shall also state 30 that agricultural activities performed in accordance with county, state and federal laws and 31 accepted best management practices are not subject to legal action as public nuisances. 32 33 34 Section 10.00 Expiration: The provisions of this ordinance shall cease to be effective upon 35 adoption and implementation by the County of a final designation system, and associated 36 development regulations for resource lands, as required by RCW 36.70A. 37 38 39 Section 11.00 Severability: If any section, subsection, or other portion of this ordinance is for 40 any reason held invalid or unconstitutional by any court of competent jurisdiction, such section, 41 subsection or portion shall be deemed a separate portion of this ordinance and such holding shall 42 not affect the validity of the remaining portions of this ordinance. 13 VOL 21 r4rp ? 1 2 Section 12.00 Effective Date: This ordinance shall not become effective until ten (10) days 3 following the date of adoption set forth in Section 13.00 below. 4 5 6 Section 13.00 Adoption: Adopted by the Jefferson County Board of Commissioners this 25th 7 day of May, 1995. 8 9 10 Seal 11 12 13 r TM '^4 j 14 15� r 16 * h� �► 17 *��+ 18 19 �'`• ' " 20 21 22 ATTEST: 23 Lorna De eY, Clerk 6f the Board 24 25 26 27 PRO AS TO FORM: 28 29 30 `' 31 'Da4 Skeen, Jefferson County 32 Prosecutor 14 VOL 21 w, 633 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS P J Glen - . fi:'��. 02 W a■,WON i �■►-1 l� n 11 G.: __ ■ILS MAP DATA SOURCES: �i `� j�1,1�VA 001 rAw �m RANGE 02 W JLICHARD WOJT / Member of the Board ATTEST, RNA DELAN Clerk of the Board RANGE 01 E MAP DATA SOURCES: AGRICULTURAL RESOURCE LANDS Umted$itm Department of Arricvltore Sell • Cooxrvetlen Service Soil Survey for ,ett— EASTERN JEFFERSON COUNTY °°tP•Am°®°r°Off- r M.M A.— ORice Real Property Records: Jett.— County (pµy CLp55 I AGRICULTURAL LAND IntegratM Dem Memremeot System. O6 Deta Berm for P.Elic Sarvia P—id— POR p7 FORMATIONAL PURPOBES ONLY -- CLAS9 ❑ AOR[CULTURAL LAND ' SUBJECT TO REVISION FI NATCREMM MAY 23:1885 RANGE 01 E JM.:' f, j TO: Jefferson County Commissioners FROM: Dana Roberts 438 22nd Street, Port Townsend, 385-1297 DATE: June 26, 1995 RE: Proposed Agricultural Lands Ordinance I support the principal of action to safeguard continuing agricultural activity in Jefferson County. Further, I recommend expanding the proposed Ordinance to encompass a more inclusive approach. I encourage three basic changes: 1) Eliminate the size minimum for agricultural parcels; 2) Expand the agricultural uses permitted; and 3) Allow farming as a use by right without specific application. In the on-going evolution of what we call agriculture, we can expect its processes, duration, seasonality, products, economic scale and employment, location and requirements to become significantly different from what we are familiar with today. Given the underlying purpose of this ordinance -- safeguarding the agricultural future in Jeffco -- it is especially unfortunate, although understandable, that limited staff time couldn't have been stretched to Include much beyond a limited exploration of established older farms, primarily dairy (See Findings -4130). One track to the farmed future is represented by the emerging range of small -to -medium, intensive, locally - oriented market gardens, orchards, smaller animal raising, ornamental plants, flowers and non -forest species nurseries. Provisions for aquaculture illustrate another new direction. Still others have yet to be explored. Before we run out of dairy farms in this county, for example, I would hope we could see local processing of whatever might not need the great economy of scale demanded by fluid milk. Exotic cheeses, yogurt or kindred products might put Jefferson County on the map the way Ben & Jerry's Ice Cream has done for Vermont. (Maybe "Glen & Roger's Yogurt"??) I encourage some specific changes in the proposed Ordinance to allow for such possibilities. First: Size of Parcel: Because agriculture of the future is already taking place on holdings even below 5 acres, let alone 20 acres, I urge omitting the words "greater than 20 acres in size and contain prime farmland soils..." from Section 1.2. Likewise, I recommend omitting parcel size in provisions 4.30.2 and 4.30.3. Sustainable agriculture is noways as dependent on basic soil type as the extensive large-scale operations we are accustomed to. The intensive care and focussed amendment of basic soils is fundamental to successful yields from pocket -sized operations. The spirit of Policy *7 should apply without limitation to acerage. Similarly, it may be preferable to replace the words "commercially significant" with "economically relevant" to emphasize yield per acre or employment per acre. The useful focus should be on keeping employment and money in the county rather than exporting It to other farm states or other counties in Washington. That can happen on a small scale in some ways even more effectively than a large scale. The second change I urge is an expanded view of agricultural uses of land. This affects Section 8 of the proposed Ordinance and the definitions in Sections 3.10 and 3.20. We should allow relevant processing and on-farm sale of produce and product. For example, packing, storage, refining and kindred treatment of agricultural products are often appropriate, to increase farm income, employment and diversity. My third recommendation is elimination of the requirement to designate lands as agricultural. Given the supportive language of Policies 2.7 and 2.9, it may be most appropriate to outright recognize the seemingly inherent right to practice locally -significant agriculture throughout the county. This may be especially proper since our county's name comes from that President who, more than any other, recognized the elemental value and vitue of working the soil productively. Thomas Jefferson carried on a life-long search for the most suitable varieties and species of plants, plus a study of yield -increasing techniques and equipment. Should we not honor this heritage with a recognition of the right to farm throughout the county, without formal designation? If some designation is legally required, a minimal approach should apply, so that if land has not been gardened or farmed in the past 8 years, for example, only filing of a simple map and tax -billing identification would be required. All other lands would be farmable by class recognition and so designated. Many thanks for considering these comments. I strongly support placing all possible support behind an expanding and diverse agricultural future for Jefferson County. It's a home-grown, and edible economic assetl 6 - �. 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