HomeMy WebLinkAboutres2014-036 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2014-271
CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to:
Originator: July 22, 2014 Introduction
Erin E. Osborn
7h 114
Kea":
J E. "Sam"Ran 7/tI/y E C i ! O
Prosecutor: August 5, 2014 Council/Hearing
Royce Buckingham JUL 15 2014
Purchasing/Budget.• i
Executive: V� WHATCOM O M COUNTY i U N TY
Jack Louws ' C O U N C I L
TITLE OFDOCU • ��' :
A resolution approving recommendations on one application for open space current use assessment on lands
located within the City of Ferndale.
ATTACHMENTS:
Cover Memo, Draft Resolution, Planning Commission Facts & Findings, and
Planning Commission June 26, 2014 Work Session Draft Minutes
Background Documents on file with the Council Office: Staff Report, Maps, Photos, and other Documents.
SEPA review required? ( ) Yes ( X ) No Should Clerk schedule a hearing? ( X ) Yes () No
SEPA review completed? ( ) Yes N/A Requested Date:August 5, 2014
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: In accordance with WCC, Section 3.28.020
which establishes procedures for processing applications for open space current use taxation, Whatcom County
Planning Commission recommendations are hereby forwarded to the Whatcom County Council to approve in
whole or in part or to deny one application for open space current use assessment as authorized by the Open
Space Taxation Act (Chapter 84.34 RCW).
The lands that are subject of this application are located entirely within the corporate boundaries of the City of
Ferndale. The Open Space Taxation Act provides that the City and County may meet as one body to act on
such applications or hold separate hearings. The City of Ferndale Planning Director has indicated that the City
has elected to take separate action and expects to hold a separate hearing on this application on or about August
18, 2014. Official action taken by City of Ferndale after a second hearing will complete the approval/denial on
this application in accordance with RCW 84.34.037(1).
A draft resolution has been prepared to initiate Council action should they wish to approve Planning
Commission recommendations, and a copy of this resolution has been forwarded to the City of Ferndale for
review in making its decision on whether to approve in whole or in part or deny the subject application.
* Distribution Request: Assessors Office—Janice Judge
COMMITTEE ACTION: COUNCIL ACTION:
7/22/2014: Introduced 7-0
8/5/2014: Approved 5-0 Resolution 2014-036
, Related County Contract#: Related File Numbers: OS2014-1 Ordinance or Resolution
Number:
Resolution 2014-036
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing
on the County's website at: www.co.whatcom.wa.us/council.
Draft Resolution (City) Page 1 of 6
File Ref: 052014-1 (July 8, 2014)
SPONSORED BY: Planning
PROPOSED BY: Planning
INTRODUCTION DATE: 07/22/14
RESOLUTION NO: 2014-036
APPROVING RECOMMENDATIONS ON ONE APPLICATION FOR
OPEN SPACE CURRENT USE ASSESSMENT IN CITY OF FERNDALE
WHEREAS, The Open Space Taxation Act, codified as Chapter 84.34 RCW,
gives counties authority to approve applications for current use classification and
reclassification for the following classifications: Open Space Land, Farm &
Agricultural Conservation Land, Farm and Agricultural Land, and Timber Land; and
WHEREAS, Pursuant to Whatcom County Code, Section 3.28.020,
applications for the classification of Open Space Land, Farm & Agricultural
Conservation Land and Timber Land are received and evaluated by Whatcom
County Planning and Development Services Department staff, and the results of
this evaluation are then presented to the Whatcom County Planning Commission for
their review and consideration in making recommendations to the County Council
on whether to approve the applications in whole or in part; and
WHEREAS, Pursuant to RCW 84.34.055 and WAC 458-30-330 Whatcom
County has adopted a Public Benefit Rating System (PBRS) by Ordinance # 95-040,
which is used by staff to rate applications for Open Space Land and Open Space
Farm & Agricultural Conservation Land; and
WHEREAS, Pursuant to Whatcom County Ordinance # 95-040 applications
for Timber Land are no longer reviewed under the County's PBRS, and are instead
reviewed for consistency with the definition of Timber Land as defined in RCW
84.34.020(3) and the required Timber Management Plan is reviewed for
conformance with RCW 84.34.041; and
WHEREAS, On June 26, 2014, the Whatcom County Planning Commission
held a work session and considered staff recommendations, asked clarifying
questions from applicants or their agents who were present on applications
referenced in Master File Number OS2014-1, and voted to make recommendations
Draft Resolution (City) Page 2 of 6
File Ref: 052014-1 (July 8, 2014)
to the Whatcom County Council on whether to approve in whole or in part or deny
each application; and
WHEREAS, Pursuant to RCW 84.34.037, applications to classify or reclassify
lands that are located entirely within unincorporated Whatcom County are approved
or disapproved by the County Council who acts as the granting authority; and
WHEREAS, One of the applications referenced under Master File Number
OS2014-1 (E. Bailey & Bailey Trust) was a split jurisdiction application, comprising
lands located both in the City of Ferndale and also comprising lands located within
unincorporated Whatcom County; and
WHEREAS, Applications to classify or reclassify land that are located entirely
within an incorporated area must be acted upon by a joint granting authority,
whereby applications may be approved by each legislative authority taking separate
but affirmative actions, or by three members of each legislative body meeting
together as one body to act on applications for the purposes of approval or denial;
and
WHEREAS, The City of Ferndale Planning Director indicated that due to
various challenges associated with scheduling, the Ferndale City Council would
likely prefer to act separately on the applications, and proposed that the City
Council would likely schedule and hold a separate hearing on the subject
applications on or about August 18, 2014; and
WHEREAS, On August 5, 2014, in good faith that the City of Ferndale would
take its own action on the subject applications, the Whatcom County Council held
its own public hearing and considered recommendations from the Whatcom County
Planning Commission, staff recommendations, and considered all input from the
public on the application referenced in Master File Number 052014-1 that is located
on lands located within the City of Ferndale; and
WHEREAS, Pursuant to WAC 197-11-800(6)(c), matters relating to Open
Space Current Use Assessment are exempt from environmental review under the
State Environmental Policy Act (SEPA); and
WHEREAS, Pursuant to RCW 36.70.390, the statutory requirements
regarding legal notice have been met; and
WHEREAS, The County Council has adopted the following pertinent Findings
of Fact and Reasons for Action:
1. Whatcom County Planning and Development Services received five
applications to classify or reclassify land under the open space current use
program (Chapter 84.34. RCW) on lands located within the jurisdiction of
Whatcom County and on lands located within the City of Ferndale. These
applications were processed as a group under Master File Number
052014-1.
Draft Resolution (City) Page 3 of 6
File Ref: OS2014-1 (July 8, 2014)
2. Of the five applications referenced in OS2014-1: one is for Open Space
Land (OSL), one is for Farm and Agricultural Conservation Land (a sub-
classification of open space land) (OSFACL), and three applications are for
the classification of Timber Land (OSTL). Upon receipt of these
applications, Planning and Development Services staff evaluated the open
space land and farm and agricultural conservation land applications with
the Public Benefit Rating System (PBRS), and evaluated applications for
timber land for conformance with Subsection 84.34.020(3) & 84.34.041 of
the Open Space Taxation Act (RCW 84.34).
3. Staff prepared a report for the Planning Commission with
recommendations on whether to approve in whole or in part or to deny
these applications based on review with the applicable evaluation criteria
and scores assigned (as applicable). This report was presented to the
Whatcom County Planning Commission and to members of the public who
were present at the Whatcom County Planning Commission meeting work
session held on June 26, 2014.
4. At the June 26, 2014 Planning Commission Work Session, staff gave an
approximately 30 minute overview presentation on the Open Space
Current Use Program, its statutory and local authority, a brief overview on
the Open Space Taxation Act, and outlined the respective roles of the
Planning Commission, County Council, County Assessor's Office, and Joint
Granting Authority (for applications located within incorporated areas) in
reviewing these type of applications. As part of this overview
presentation, staff noted that decisions made to approve or deny
applications authorized under the Open Space Taxation are reviewable (by
Superior Court) only for "arbitrary & capricious actions". Staff also noted,
that based on earlier Planning Commission suggestions, and per direction
from the County Council and County Executive a preliminary draft report
had been prepared by staff which summarized the PDS open space
current use program, analyzed key issues in program administration, and
that this report (dated December 6, 2013) had been submitted to PDS
management and County Executive for their review.
5. Upon conclusion of the staff overview on the open space current use
program, staff then made an approximately 45 minute presentation going
over each of the individual applications referenced in Master File OS2014-
1, pausing to answer questions from commissioners. The single
application for the classification of open space land was presented first,
followed by the single application for farm and agricultural conservation
land, and then a presentation on the three timber land applications. Staff
noted that of the applications for timber land one was a "split
jurisdiction", noting that after the application was received portions of the
land subject of application was annexed by the City of Ferndale. Staff
suggested that commissioners wait to deliberate and make motions on
each application until after staff presentation on individual applications.
6. After staff presentations and Planning Commission deliberation and votes
on the Open Space Land and Farm and Agricultural Conservation Land
applications, staff presented the timber land applications.
7. Staff explained to the Planning Commission that staff recommendations of
Draft Resolution (City) Page 4 of 6
File Ref: 052014-1 (July 8, 2014)
approval on timber land applications are based on whether the application
meets the definition of timber land as defined in RCW 84.34.020(3), and
whether the Timber Management Plan submitted on file as part of the
application is consistent with RCW 84.34.041 which outlines the elements
of a timber management plan. Based on staff review and site inspections,
staff recommended approval on all three of the timber land applications.
Staff recommendations of approval were based on review of the timber
management plans submitted, site inspections to verify that forest
conditions matched those identified in the Plans, and for overall
conformance with state law.
8. Prior to voting on timber land applications, one of the Planning
Commissioners asked for information about the loss of revenue or shift in
taxes that would result from approving an application for timber land, and
asked why this information was not provided on the timber land
applications. Staff indicated that this information was not provided
because it is not one of the criteria considered for approval or
disapproval. The commissioner asked if staff would be prohibited from
providing this information, and staff indicated that while there is no
prohibition on the provision of this information, adding that it could be
provided in the future, it can't be the basis on which a decision to approve
or not, approve is based, because this information is not a criteria for
approval. The commissioner indicated that he would vote to deny all of
the timber land applications because information on loss of revenue or
shift in taxes was not provided.
9. Whatcom County Planning Commissioners considered staff findings and
recommendations on the E. Bailey and Bailey Trust application, and staff
suggested that two separate votes be taken on the E. Bailey and Bailey
Trust application respective of the jurisdiction in which the subject
property was located.
10. After deliberations, the Planning Commission voted to recommend that
the County Council approve the portion of the E. Bailey and Bailey Trust
timber land application in the jurisdiction of the City.
11. The Planning Commission also voted to recommend that the County
Council approve the E. Bailey and Bailey Trust timber land application
unincorporated Whatcom County.
12. On July 1, 2014, PDS staff contacted City of Ferndale Planning Director,
Jori Burnett and a discussion was held to learn about the City's
preferences on review of the subject applications. Mr. Burnett indicated
that due to various challenges with scheduling, it would probably be best
if the City would hold its own hearing to approve a separate resolution to
act on the subject application. Mr. Burnett requested that any approval
by the County Council include a granting condition affirming that 'any
approval granted does not exempt the owner or subsequent heirs from
land use development permits required by the City of Ferndale'. PDS staff
agreed to forward this to the Whatcom County Council, adding it as a
proposed condition in a draft resolution prepared for the County Council's
consideration.
Draft Resolution (City) Page 5 of 6
File Ref: 0S2014-1 (July 8, 2014)
13. On July 8, 2014, Planning & Development Services staff prepared a report
on behalf of the Planning Commission containing Facts, Findings, and
Reasons for Action on all applications referenced under OS2014-1.
14. On July 8, 2014, Planning & Development Services prepared an Agenda
Bill, Draft Resolution and attachments including all relevant information
on file in regards to one application on lands located within the City of
Ferndale, referenced under OS2014-1, and forwarded these materials to
the Whatcom County Council. The agenda bill requested that the draft
resolution be introduced at the regularly scheduled Council Meeting to be
held on July 22, 2014, and also included a request for a public hearing to
be scheduled on August 5, 2014.
15. On July 22, 2014, a draft resolution was introduced to the Council agenda
for consideration by the County Council at a later date.
16. A public hearing was scheduled to take place before the County Council at
their regularly scheduled evening meeting, to be held on August 5, 2014.
Notice of this public hearing was published in the Bellingham Herald prior
to the hearing. In addition, Applicants were sent a letter by US Mail
stating that a public hearing would be held on their individual applications
on August 5, 2014.
17. On August 5, 2014, the Whatcom County Council held a public hearing on
applications to classify or reclassify lands that are located within the City
of Ferndale as referenced under OS2014-1, and after considering all
relevant information, and after considering input from the public, they
made a final decision on whether to approve in whole or in part or deny
the application referenced under OS2014-1 that is on lands located within
the City of Ferndale.
NOW, THEREFORE, BE IT RESOLVED BY THE WHATCOM COUNTY
COUNCIL:
1. Recommendations on the application for open space current use assessment
referenced in Master File Number OS2014-1 that is located on lands located
within the City of Ferndale, listed below, is hereby approved subject to
conditions as noted herein:
Timber Land (OSTL)
OSP2014-00001 — E. Bailey and Loren H. Bailey SR Credit Shelter Trust
(application to reclassify lands located within the City of Ferndale)
Application to reclassify as Timber Land from Designated Forest Land
Loren H. Bailey SR Credit Shelter Trust
Draft Resolution (City) Page 6 of 6
File Ref: 0S2014-1 (July 8, 2014)
GEO ID: 390208 060364 0000 (PID: 90425): Application OSTL acres = 5.06
GEO ID: 390208 105297 0000 (PID: 90440): Application OSTL acres = 5.06
GEO ID: 390208 124252 0000 (PID: 90445): Application OSTL acres = 1.28
E. Bailey
GEO ID: 390208 022379 0000 (PID: 90406): Application OSTL acres = 5.06
GEO ID: 390208 087338 0000 (PID: 90433): Application OSTL acres = 5.06
Total Application OSTL acres in City of Ferndale = 21.52
Whatcom County Planning Commission Recommendation:
Approval: subject to the following conditions:
1. No less than 5 acres devoted primarily to the growth and harvest of
forest products as defined in Title 76 RCW
2. Approved Timber Management Plan pursuant to RCW 84.34.041
3. Hold Harmless Agreement
4. Approval for reclassification from Designated Forest Land to Timber Land
does not exempt the applicant/owner or any subsequent heir subject to
this approval from requirements to obtain land use and development
permits that are required by the City of Ferndale
2. The Whatcom County Council directs the Assessor to place the above
referenced parcels into the appropriate open space current use classification.
3. Adjudication of invalidity of any of the sections, clauses, or provisions of
this resolution shall not affect or impair the validity of the resolution as a
whole or any part thereof other than the part so declared to be invalid.
APPROVED this 5th day of �1 ,;r 2014
10 litiI11i1+fit//'
WHATee0C 1 `L'r4P,3UNCIL WHATCOM COUNTY, WASHINGTON
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Dan Brown-Davis, `•` Carl Weimer
Clerk of the Councik" Council Chair
APPROVED AS TO FORM:
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C' •uty Prosecutor