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Home My WebLink Aboutres2014-051 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2014-320 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 1R C L W L October 14, 2014 Natural (p i ! Resources Erin Osborn / 4 Committee Dept. Head: OCT 0 7 2014 J.E. "Sam"Ryan rilE /O,t- y October 14,2014 Council Division Manager WHAfCOM COUNTY Mark Personius 111= /0-1--/Y COUNCIL Prosecutor: , Ro ce Buckin_•ham Executive: I Jack Louws f TITLE OF DOCUM v : A Resolution Repealin: Whatcom County Resolution No. 2009-078 ATTACHMENTS: Cover Memo; Draft Resolution; Res. No. 2009-078 as Exhibit"A"; Map of Subject Applications SEPA review required? ( ) Yes ( X ) No Should Clerk schedule a hearing? ( ) Yes (X) No SEPA review completed? ( ) Yes N/A Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: On December 8, 2009, the Whatcom County Council took action under Whatcom County Resolution No. 2009- 078, approving recommendations on applications for classification, reclassification, or amending existing applications for open space current use assessment on lands located within the City of Bellingham. Background: The Open Space Taxation Act (Chapter 84.34 RCW) provides that the City and County may meet as one body to act on such applications or hold separate hearings and take separate action. In anticipation that the City would take its own separate action at a future date, Whatcom County took its own action on these applications under Res. 2009-078. However, a number of years have passed, and the City has not taken its own separate action, and it is imperative that the pending status of these applications be resolved. Proposed Action: To resolve the pending status of these applications, efforts are underway to assemble a Joint Granting Authority composed of at least three members of the County Council and at least three members of the Bellingham City Council (pursuant to RCW 84.34.037) who may meet to act as one body to approve or deny the subject applications. Prior to any new action being taken on the subject applications, the previous action taken under Res. No. 2009-078 must be repealed. A draft resolution has been prepared to initiate Council action should they decide to repeal Res. No. 2009-078. Distribution Request:Assessors Office—Keith Willnauer COMMITTEE ACTION: COUNCIL ACTION: 10/14/2014: Approved in Natural Resources Committee, 10/14/2014: Approved 7-0, Res. 2014-051 forwarded to Council for approval Related County Contract#: Related File Numbers: 0S2009-2 Ordinance or Resolution Res. No. 2009-078 Number: AB2009-455 Res. 2014-051 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. SPONSORED BY: Consent PROPOSED BY: PDS INTRODUCTION DATE: 10/14/2014 RESOLUTION NO: 2014-051 REPEALING RESOLUTION NO. 2009-078 WHEREAS, The Open Space Taxation Act, codified in Chapter 84.34 RCW authorizes counties to assess the value of real property on the basis of its "current use" after such lands have been approved for classification or reclassification as either Farm and Agricultural Land, Open Space Land (including its sub-classification Farm and Agricultural Conservation Land), and Timber Land for the purposes of taxation; and WHEREAS, In accordance with the Open Space Taxation Act (Chapter 84.34 RCW), when applications to classify or reclassify land as "Open Space Land" are located within the jurisdiction of an incorporated area, they may be approved after a decision is made by a joint granting authority that assembles as one body (composed of three members of the County and three members of the City), or by each body taking separate identical affirmative acts. (RCW 84.34.037) WHEREAS, In December of 2009, Whatcom County PDS staff forwarded recommendations to the County Council on seven applications referenced under File No.OS2009-2 to either classify or reclassify land as Open Space Land, or to amend existing conditions of approval on previously classified Open Space Land on lands that are located within the City of Bellingham; and WHEREAS, On December 8, 2009, in accordance with RCW 84.34.037, the Whatcom County Council held a public hearing and approved amended recommendations on the subject applications under Whatcom County Resolution No. 2009-078. This action was taken with the understanding that final approval or denial on these applications would be in a pending status until City of Bellingham took its own separate action on the subject applications; and WHEREAS, Applications for Open Space Land are evaluated with Whatcom County's Public Benefit Rating System, last updated in 1995, which requires some form of Public Access unless specifically waived; and WHEREAS, After the County Council took action on the subject applications under Whatcom County Resolution No. 2009-078, City of Bellingham staff re- reviewed the subject applications, and subsequent to this review wrote a draft white paper dated 7/28/2010 outlining a number of concerns about Whatcom County's Open Space Public Benefit Rating System (PBRS), both generally, and as it applied to the subject applications, with regards to: lack of specificity in granting conditions; issues concerning public access, signage, traffic, parking, law enforcement; lack of information available to consider the loss of revenue or shift in taxes that occurs when an application is approved in the jurisdiction of the City of Bellingham; and lack of a prescribed method to amend an open space taxation agreement and granting conditions once an application is approved; and WHEREAS, The Whatcom County Council in taking action under Res. No. 2009-078 denied a request from the Clark Family to amend a condition of approval on a previously approved application (Clark's Point). The request was to amend a condition requiring a trail to be built across the northern part of the Point. The County Council denied this request (making it moot before the City); following action by the County Council the owners withdrew the request to amend the conditions of approval before the City, because the owners understood correctly that both jurisdictions would need to vote affirmatively for the request to be approved, thus reducing the total number of applications requiring final action by the City by one, from seven applications down to six; and WHEREAS, A number of years have passed, and the City has not taken its own separate action, and because it is imperative that the pending status of these applications be resolved, on June 26, 2014, Whatcom County Executive Jack Louws met with City of Bellingham Mayor, Kelli Linville, to discuss an alternative approach to resolve the pending status of the remaining six subject applications. After this meeting, Executive Louws gave PDS staff specific direction to go forward and coordinate efforts involved in assembling a Joint Granting Authority composed of three members of the Whatcom County Council and three members of the Bellingham City Council to act on and resolve the pending status of the six remaining applications previously acted on by the County Council on December 8, 2009 under Res. No. 2009-078: WHEREAS, Prior to a joint granting authority taking any new action on the subject applications, the previous action taken by the Whatcom County Council under Whatcom County Resolution No. 2009-078 must be repealed. NOW, THEREFORE, BE IT RESOLVED BY THE WHATCOM COUNTY COUNCIL: Section 1: The Whatcom County Council hereby repeals Whatcom County Resolution No. 2009-078, attached as Exhibit "A". Section 2: 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 14th day of October , 20 ATTEST: *` _1 l• •• � �r WHATCOM COUNTY COUNCIL 04;".' WHATCOM COUNTY, WASHINGTON • Ga�N� • Dana Brown-Davie J L j # . Carl Weimer Clerk of the Cound, , s 1- G'. ` M1 Council Chair APPROVED - f:- 4,�r+i�riit ss �0.\\ � - Roy - gham Civil reputy Prosecutor EXHIBIT A WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2009-455 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 12/8/09 Special Hearing Erin Osborn . 0 NI foci Dept.Head: �j I i(l David Stalheim �f Prosecutor: Royce Buckingham ,V 12-3-04 Purchasing/Budget: Executive: Peter Kremen _T - TITLE OF DOCUMENT: A Resolution Approving Recommendations on Applications for Classification, Reclassification, or Amending Existing Applications for Open Space Current Use Assessment on Lands Located within the City of Bellingham:Master File Number 0S2009-2. ATTACHMENTS: Staff Memo to County Council Members, Draft Resolution, Staff Report, Evaluation Forms, Maps, Photos SEPA review required? ( ) Yes ( X ) No Should Clerk schedule a hearing? (X) Yes () No SEPA review completed? ( ) Yes ( N/A ) No Requested Date:12/8/09 SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: Recommendations on a total of seven(7) applications for Open Space Current Use Assessment referenced under Master File Number 0S2009-2 are forwarded to three members of the Whatcom County Council for a public hearing and subsequent action pursuant to Chapter 84.34.037(1)RCW. A resolution is proposed to initiate Council action to approve recommendations on the applications referenced under Master File Number 0S2009-2 subject to conditions and applicable scores so noted by separate affirmative acts of both Whatcom County and City of Bellingham legislative bodies where both bodies affirm the entirety of an application without modification or both bodies affirm an application with identical modifications, to grant assessment at current use for those applications receiving a recommendation of approval: Seven (7)applications for Open Space Land. _ _*Distribution Re,uest:Assessors De,t-Jean Eastman COMMITTEE ACTION: COUNCIL ACTION: 12/8/2009: Special Public Hearing 12/8/2009: Council Amended & Approved The Council handled each application separately. 5-1 Weimer opposed Res. 2009-078 Some applications were approved, and some were not. Also, Weimer suggested that staff provide council- members an update on the process and tax implication of these types of applications in the first quarter of 2010 Related County Contract#: Related File Numbers: 0S2009-2 Ordinance or Resolution Numher: Res. 2009-078 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. Resolution Page 1 of 4 File Ref: 052009-2 SPONSORED BY: CONSENT PROPOSED BY: __PDS INTRODUCTION DATE: 12/8/2009 RESOLUTION NO: 2009-078 APPROVING RECOMMENDATIONS ON APPLICATIONS FOR CLASSIFICATION, RECLASSIFICATION, OR AMENDING EXISTING APPLICATIONS FOR OPEN SPACE CURRENT USE ASSESSMENT WHEREAS, The Open Space Taxation Act codified as Chapter 84.34 RCW, gives counties legislative authority to grant applications for current use classification and re-classification as Farm and Agricultural Land, Open Space Land and its sub- classification Farm and Agricultural Conservation Land, and Timber Land; and WHEREAS, Pursuant to Whatcom County Code, Section 3.28.020, applications for Open Space Land, Farm and 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 at a public hearing for review and consideration in making recommendations to the County Council; and WHEREAS, Applications for Open Space Land are evaluated with the Public Benefit Rating System and assigned a Public Benefit Rating (PBR) that corresponds with a recommendation of approval or denial, and must receive a score of 45 or above for a recommendation of approval; and WHEREAS, Pursuant to 84.34.037 (1) RCW, applications for classification of land in an incorporated area shall be acted upon by: 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 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; and WHEREAS, On December 8, 2009, three members of the Whatcom County Council held a public hearing and considered staff recommendations, and considered all testimony submitted on applications referenced in Master File Number 0S2009-2; and WHEREAS, Pursuant to 84.34.037 (1) RCW, the Whatcom County Council, upon conclusion of its December 8, 2009 public hearing voted to take separate, affirmative and identical action as anticipated by the City of Bellingham in approving recommendations on the above referenced applications; and WHEREAS, Pursuant to WAC 197-11-800(6)(c), matters relating to Open Space Current Use Assessment are determined not to be major actions and thus exempt from environmental review under the State Environmental Policy Act (SEPA); and Resolution Page 2 of 4 File Ref: 0S2009-2 WHEREAS, Pursuant to RCW 36.70.390 & RCW 84.34 the statutory requirements regarding legal notice have been met; and WHEREAS, the County Council has adopted the following Findings of Fact and Reasons for Action: FINDINGS OF FACT AND REASONS FOR ACTION 1. Whatcom County Planning and Development Services received a total of seven (7) applications for classification, reclassification, or amended existing applications, as Open Space Land within the City of Bellingham; these applications were given individual file numbers and were grouped together and are referenced under Master File Number 0S2009-2. 2. Planning and Development Services staff evaluated individual applications referenced under Master File Number 0S2009-2 using appropriate evaluation criteria and prepared a staff report with recommendations consistent with the results of each evaluation, and submitted this staff report to Whatcom County Council Members, and to the City of Bellingham staff, Tim Wahl. Copies of this report were also made available to individual applicants. 3. Notice of the public hearing for Master File Number 0S2009-2 Open Space Current Use Assessment applications was published in the Bellingham Herald on November 28, 2009. 4. On Tuesday, December 1, 2009 Planning and Development Services staff met with City of Bellingham staff, Tim Wahl to discuss the merits of individual applications. 5. On Tuesday, December 8, 2009, three Whatcom County Council members in committee held a public hearing on all applications referenced under Master File Number 0S2009-2, considered staff recommendations and considered all testimony in making their recommendations to the full Council on whether to approve in whole or in part, or deny individual applications referenced under Master File 0S2009-2. 6. At the conclusion of the public hearing on applications referenced under Master File Number 0S2009-2, Council members in committee voted to approve all recommendations as presented by staff with the exception of the Bridgeview Ventures application (OSP2009-00019) and the Clark Family application (OSP2009-00018). The Committee voted to deny the Bridgeview Ventures application, in totality. The Committee also voted to recommend denial on the Clark Family's request to modify conditions of public access as described in the existing 1985 Open Space Taxation Agreement as recorded under Auditor's File Number 1516491. Resolution Page 3 of 4 File Ref: 0S2009-2 NOW, THEREFORE, BE IT RESOLVED BY THE WHATCOM COUNTY COUNCIL that recommendations on applications for Open Space Current Use Assessment referenced in Master File Number 0S2009-2 and listed below are hereby approved subject to conditions and applicable scores as noted herein by separate affirmative acts of both Whatcom County and City of Bellingham legislative bodies where both bodies affirm the entirety of an application without modification or both bodies affirm an application with identical modifications: OSP2009-00014; Ludtke-Pacific Trucking, Inc.; 4059 Bakerview Valley Road Transfer Application; Open Space Farm/Agricultural Land to Open Space Land 1.92 Acre(s) Assessor's Parcel Number(s): 380316 096405 0000; 380316 127410 0000 PBR= 85.70 Recommendation - Approval subject to Public Access Rules and Posted Sign OSP2009-00015; Ing; C/O 3100 St. Clair Street New Application; Open Space Land 1.05 Acre(s) Assessor's Parcel Number(s): 380321 154410 0000; 380321 178410 0000 PBR= 85.17 Recommendation - Approval subject to Public Access Rules and Posted Sign OSP2009-00016; Ing/Alder; C/O 3100 St. Clair Street New Application; Open Space Land 1.10 Acre(s) Assessor's Parcel Number: 380321 146426 0000 PBR= 85.17 Recommendation - Approval subject to Public Access Rules and Posted Sign OSP2009-00017; Harris; 2905 Willis Street New Application; Open Space Land 1.18 Acre(s) Assessor's Parcel Number(s): 370307 168238 0000; 370307 184238 0000; 370307 208238 0000 PBR= 91.85 Recommendation - Approval subject to Public Access Rules and Posted Sign OSP2009-00018; Douglas & Margaret Clark Family LLC; Clark's Point Amending Existing Open Space Taxation Agreement Public Access Conditions; 67.66 Acre(s) Assessor's Parcel Number(s): 370214 499306 0000; 370214 465249 0000; 370214 507180 0000; 370213 018190 0000; 370213 050150 0000; 370213 080099 0000 PBR= 90.00 Recommendation - Denial Resolution Page 4 of 4 File Ref: 0S2009-2 OSP2009-00019; Bridgeview Ventures, LLC.; 1609 12th Street New Application: Open Space Land 0.034 Acre(s) Assessor's Parcel Number: 370212 171565 0000 PBR= 58.00 Recommendation - Denial OSP2009-00020; Nelson; 2750 Victoria Street Transfer Application: Open Space Farm/Agricultural Land to Open Space Land 8.73 Acre(s) Assessor's Parcel Number(s): 370307 0830510000; 370307 104020 0000; 370307 116083 0000 PBR= 85.80 Recommendation - Approval subject to Public Access Rules and Posted Sign BE IT FURTHER RESOLVED that the Whatcom County Council directs the Assessor to place the parcels into the appropriate Open Space Current Use classification. BE IT FINALLY RESOLVED that 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 8th day of December , 2009 ��i111Irr1I1l►r►► ATT� ` ''( C ot"i,� WHATCOM COUNTY COUNCIL ==�� •yyHAr - �i % WHATCOM COUNTY, —. a ••C_ WASHINGTON �a-�• ,xl. wry- t • i na••' ►wn.Da 4. . = - -th Fleet •od Cf rk of.t ieep eil Council Chair F .••• � APPRC8bQrpy, ,1 O' bRM: .-L LEI •oyce Buckingham Civil Deputy Prosecutor