HomeMy WebLinkAboutres2014-054 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2014-319
CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to:
Originator: October 14, 2014 Introduction
Erin E. Osborn v-'b 101 1l I IC
Dept. Head. '/�l ICU ( C p V E ID October 14, 2014 NR Committee
J.E. "Sam"Ryan 1 51Z IO-/-IL
Division Manager October 28, 2014 NR Committee/
Mark Personius kAp /6 -/-/ / OCT 0 7 2014 Hearing in NR
Prosecutor:
Royce Buckingham - P'i-(( WHATCOM COUNTY
Executive: /ID D6 �� COUNCIL
Jack Louws
TITLE OF DOC E
A Resolution Approvi g Whatcom County/City of Bellingham Joint Granting Authority Recommendations
on Six Applications for Open Space Current Use Assessment on Lands Located within City of Bellingham
ATTACHMENTS: Cover Memo; Draft Resolution; 0S2009-2 Staff Report; Rating Sheets; Maps; City of
Bellingham Draft `White Paper' 7/28/10; Applications & Background Information on file with Council Office.
SEPA review required? ( ) Yes ( X ) No Should Clerk schedule a hearing? (X) Yes ( ) No
SEPA review completed? ( ) Yes N/A Requested Date: October 28, 2014
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.
A draft resolution has been prepared for consideration by a Joint Granting Authority should it convene to act on
the subject applications.
Distribution Request:Assessors Office-Keith Willnauer
COMMITTEE ACTION: COUNCIL ACTION:
10/14/2014: Approved in Natural Resources Committee, 10/14/2014: Introduced 7-0
forwarded to Council for approval
11/28/14: Hearing took place in NR Committee
10/28/2014: Amended and Approved 6-0 by a Joint
Granting Authority with the City of
Bellingham, Res. 2014-054
County-Buchanan, Weimer, Crawford
City-Weiss, Bornemann, Lehman
Related County Contract#: Related File Numbers: 0S2009-2 Ordinance or Resolution
Res. No. 2009-078/AB2009-455 Number: Res. 2014-054
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.
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SPONSORED BY: Joint Granting Authority
PROPOSED BY: PDS
INTRODUCTION DATE: _10/14/2014
RESOLUTION NO: 2014-054
APPROVING WHATCOM COUNTY/CITY OF BELLINGHAM JOINT
GRANTING AUTHORITY RECOMMENDATIONS ON SIX APPLICATIONS
FOR OPEN SPACE CURRENT USE ASSESSMENT ON LANDS LOCATED
WITHIN CITY OF BELLINGHAM AS AUTHORIZED BY THE
OPEN SPACE TAXATION ACT, CHAPTER 84.34 RCW
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), or 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); and
WHEREAS, In December of 2009, Whatcom County PDS forwarded staff
recommendations to the County Council on a total of seven applications 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, In 2009, Planning & Development Services Open Space Current
Use Program staff met with City of Bellingham Parks and Recreation Department
staff and discussed recommendations on the subject applications. This discussion
resulted in a mutual understanding that the two jurisdictions would likely meet
separately to take action on the subject applications; 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 Open Space Public Benefit Rating System, last updated in 1995, which
requires some form of Public Access unless specifically waived; and
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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 Resolution No. 2009-078 must be repealed.
WHEREAS, On October 14, 2014, the Whatcom County Council took action to
repeal Resolution No. 2009-078 under Resolution No. 2014-051; and
WHEREAS, On October 28, 2014 in Whatcom County Council Chambers, and
pursuant to 84.34.037 (1) RCW, the Whatcom County Council and the City of
Bellingham legislative authorities assembled to form a joint granting authority
composed of at least three members of the Whatcom County Council and at least
three members of the Bellingham City Council who held a public hearing, and
considered staff recommendations, and after considering all testimony voted on
recommendations to approve in whole or in part or deny the six remaining
applications referenced in Master File Number OS2009-2 that the County had
previously acted on under Whatcom County Resolution 2009-078; and
WHEREAS, Pursuant to WAC 197-11-800(14)(k), matters relating to Open
Space Current Use Assessment are determined not to be major actions and thus
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exempt from environmental review under the State Environmental Policy Act
(SEPA); and
WHEREAS, Pursuant to RCW 84.34 the statutory requirements regarding a
public hearing on the subject applications have been met; and
WHEREAS, A Joint Granting Authority composed of at least three members of
the Whatcom County Council and at least three members of the Bellingham City
Council adopt 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 to amend an
existing approved application, as Open Space Land on lands located 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 Whatcom County
Open Space Policy and Criteria and Public Benefit Rating System (Ord.
1995-040) and prepared a staff report with recommendations consistent
with the results of each evaluation, and submitted this staff report to the
City of Bellingham Greenways staff, Tim Wahl, and later to members of
the Whatcom County Council. Copies of this report were also made
available to individual applicants.
3. Notice of a 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 Natural Resources Committee held a public hearing on all
applications referenced under Master File Number OS2009-2,
considered staff recommendations and considered all testimony in
making their recommendations to the full Council on the evening of the
same day on whether to approve in whole or in part, or deny individual
applications referenced under Master File OS2009-2.
6. At the conclusion of the December 8, 2009 public hearing held by the
Whatcom County Council Natural Resources Committee on applications
referenced under Master File Number 0S2009-2, Committee members
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.
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7. The full County Council took action to approve Ludtke-Pacific, Ing, Ing-
Alder, Harris and Nelson applications on the evening of December 8,
2009, and denied the Bridgeview Ventures application, and also voted
to deny the Clark Family's request to modify conditions of public
access, under Whatcom County Resolution No. 2009-078.
8. As noted in Finding No. 7 above, action taken by the Whatcom County
Council in approving recommendations under Res. No. 2009-078
included a request from the Clark Family (Clark's Point) to amend a
condition requiring a trail to be built across the northern tip of Clark's
Point. The County Council denied this request (making it moot before
the City), and following action by the County Council, the owners
withdrew the request to continue with the application to amend before
the City because the owners understood correctly that both jurisdictions
would need to vote affirmatively for a request to be approved. The
owners subsequently constructed a trail in accordance with the existing
open space taxation agreement conditions and have since been found
by PDS staff and the County Assessor's Office to be in compliance with
granting conditions listed in an open space taxation agreement
recorded under Auditor's File Number 1516491.
9. On or about July 28, 2010, Tim Wahl, City of Bellingham Parks and
Recreation Department shared with Whatcom County PDS staff a draft
white paper entitled "Findings and Recommendations Pertaining to
12/8/09 Whatcom County Council Recommendations for Current Use
Open Space Taxation" (7/28/2010).
Draft findings and recommendations in the City's (Tim Wahl) 7/28/10
document included specific recommendations on the individual
applications, (post County Council December 8, 2009 action taken
under Res. No. 2009-078). The City's draft white paper also outlines
concerns about Whatcom County's Public Benefit Rating System,
including issues with public access, traffic, parking, law enforcement;
lack of information about the loss of revenue or shift in taxes that
typically occurs as a result of application approval; and the lack of a
clear method to amend an existing open space taxation agreement,
once approved, especially in regards to public access.
10. After numerous unsuccessful attempts at coordinating with the City to
take its own separate action on the subject parcels, 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 as prescribed by statute (RCW 84.34.037) composed of at
least three members of the County Council and at least 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.
11. On August 28, 2014, PDS staff contacted the Bellingham City Council
legislative assistant to begin setting up a joint granting authority.
Based on these preliminary conversations, it appeared that the City
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would be contemplating action on these applications in the fall of 2014.
12. On September 29 and 30, 2014, as part of preparation in drafting new
recommendations for review by the Joint Granting Authority, Whatcom
County PDS staff re-reviewed each application and also reviewed the
Draft July 28, 2010 Findings and Recommendations from Tim Wahl,
Bellingham Parks and Recreation Department.
Staff drafted new 'composite' recommendations (incorporating input
from the City of Bellingham Parks and Recreation Department July 28,
2010, Draft white paper) for review by the Joint Granting Authority. In
drafting these new recommendations, PDS staff intentionally omitted
recommended conditions proposed by City of Bellingham that would
allow the County Assessor to remove property if it should be found, at
any time, that the property has no future development potential.
The County's Public Benefit Rating System (PBRS) currently applies to
land regardless of whether or not the land has development potential.
The PBRS is a rating system originally approved by the County in 1986
with most recent amendments adopted by the County Council by
ordinance in 1995 (Ord. 1995-040). The PBRS contains Whatcom
County's open space priorities, policies, and criteria, and by its
adoption, the County is obligated to rate properties in accordance with
these priorities and criteria. The County's Public Benefit Rating System
does not contain criteria that would preclude classification if
development potential does not exist.
13. City of Bellingham Parks and Recreation Department July 28, 2010,
Draft white paper indicated that only one of the parcels in the Ludtke-
Pacific application should be considered for approval, and that the City
would favor the possibility of public access on the site. On September
29, 2014, PDS staff contacted Lloyd Ludtke of Ludtke-Pacific LLC to
inquire about his intentions on both parcels, and whether he would be
willing as a condition of approval to grant a perpetual conservation
easement to the City and County for protection of the riparian areas
alongside Squalicum Creek where it flows along the two parcels in his
application. Mr. Ludtke stated "yes", and added that he thought 'this
would be in keeping with the purpose of the Open Space Taxation Act,
and the classification of open space land', but added that public access
would not be appropriate, because he operates a commercial trucking
operation on the more upland areas, which could cause risk of liability
if public access was stipulated as a condition of approval.
14. On September 30, 2014, in advance of the October 3rd 2014 agenda bill
deadline for the October 14, 2014 County Council Meeting, PDS staff
prepared an agenda bill, cover memo and draft resolution for the
consideration of the County Council to repeal previous action taken
under Res. No. 2009-078.
15. On September 30, 2014, in advance of the October 3rd 2014 agenda bill
deadline for the October 14, 2014 County Council Meeting, PDS staff
also prepared an agenda bill, cover memo, draft resolution, and
background materials for the consideration of a prospective joint
granting authority (to be composed of at least three members of the
County Council and at least three members of the Bellingham City
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Council); with a request that the joint granting authority convene on
October 28th 2014 to hold a public hearing in Whatcom County Council
Chambers during the normally scheduled Natural Resources Committee
meeting, and following that, to take final action on recommendations
on the six remaining applications in File No. 0S2009-2, to supplant
action taken under Res. No. 2009-078.
16. The Whatcom County Clerk of the Council transmitted an invitation to
the City of Bellingham Legislative Authority to join the County in
forming a joint granting authority (to be composed of at least three
members of the County Council and at least three members of the
Bellingham City Council); with a request that the joint granting
authority convene on October 28th 2014 to hold a public hearing in
Whatcom County Council Chambers during the normally scheduled
Natural Resources Committee meeting, and following that, to take final
action on recommendations on the six remaining applications in File
No. OS2009-2 to supplant action taken under Res. No. 2009-078.
17. On October 14, 2014, and in anticipation of a joint granting authority
assembling to take final action on the six remaining applications in File
No. 0S2009-2, the Whatcom County Council voted to repeal Res. No.
2009-078.
18. On October 14, 2014, and in anticipation of a joint granting authority
assembling, the Whatcom County Council voted to introduce a draft
resolution prepared by PDS staff for action by a Joint Granting
Authority, should it convene, and for its consideration in taking action
on the six remaining applications in File No. OS2009-2.
19. A public hearing was scheduled to take place before the Joint Granting
Authority, to be held on October 28, 2014 in Council Chambers during
the normally scheduled Natural Resources Committee meeting. Notice
of this public hearing was published in the Bellingham Herald prior to
the hearing. In addition, all applicants were sent a letter by US regular
Mail stating that a public hearing would be held on their individual
applications in front of a Joint Granting Authority to supplant previous
action taken under Res. No. 2009-078, since repealed.
20. On October 28, 2014, a Joint Granting Authority convened to hold a
public hearing to take action and resolve the pending status of the six
remaining applications referenced in File No. OS2009-2 on lands
located within the City of Bellingham. PDS staff gave a brief overview
on the subject applications, and requested that the Joint Granting
Authority, elect a chair to act as signor on the joint resolution. After
duly electing a chair to sign the joint resolution, and after considering
staff recommendations from both jurisdictions, and after considering
input from the public, the Joint Granting Authority cast votes on
recommendations for each of the six remaining applications referenced
in File No. 052009-2 on lands located within the City of Bellingham.
21. On October 28, 2014, after considering staff recommendations, and
after holding a public on the subject applications, the Joint Granting
Authority voted to add an additional finding to explain why Bridgeview
Ventures application was being denied. The Joint Granting Authority
denied the Bridgeview Ventures, LLC application (File No. OSP 2009-
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00019) based on a finding that the public benefit offered was not
commensurate with the loss of revenue or shift in taxes that would
occur if the application were to be approved.
NOW, THEREFORE, BE IT RESOLVED BY A JOINT GRANTING
AUTHORITY COMPOSED OF AT LEAST THREE MEMBERS OF THE
WHATCOM COUNTY COUNCIL & AT LEAST THREE MEMBERS OF THE
BELLINGHAM CITY COUNCIL, ASSEMBLED FOR THE PURPOSES OF
APPROVING RECOMMENDATIONS ON SIX APPLICATIONS TO CLASSIFY
OR RECLASSIFY PROPERTY AS "OPEN SPACE LAND" AS DEFINED IN
RCW 84.34.020(1)(b):
Recommendations on applications for Open Space Current Use Assessment
referenced in Master File Number OS2009-2 (as amended) and listed below are
hereby approved subject to conditions and applicable scores as noted herein:
OSP2009-00014; Ludtke-Pacific Trucking, Inc.; 4059 Bakerview Valley Road
Application to Reclassify from Open Space Farm & Agricultural Land to Open
Space Land
Assessor's Parcel Number(s):
380316 096405 0000; 380316 127410 0000: 1.92 Acre(s)
PBR= 85.70
Recommendation: Approval subject to the following conditions:
1. Public Access is required.
2. Open Space Signage (format, style, content, and sign location) subject to
approval by City of Bellingham.
3. Management of the property by the owner as wildland, to be monitored by
City and County for compliance with granting conditions.
4. A perpetual conservation easement or public trail easement shall be
granted to the City of Bellingham with a condition expressly stating that a
barricade will be constructed at the City's expense to effectively prevent
the public from entering the area outside of the conservation easement
and classified lands on adjacent parcels utilized as part of the Ludtke-
Pacific trucking operation.
5. The owner shall provide a written statement filed with the City of
Bellingham, Whatcom County Council Office, and the County Assessor's
Office that the City has no control over the property other than the right to
enforce conditions of approval under which classification is granted as
specified in the terms of the open space taxation agreement.
6. The owner shall provide written indemnification of the City of Bellingham
and Whatcom County for claims arising due to public use of trails (if any)
or land, unless and until such time the land is maintained by the City as
part of a separate agreement.
7. Signed and Recorded Whatcom County Hold Harmless Agreement.
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
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Recommendation - Approval subject to the following conditions:
1. Public Access is not required
2. Management by the owner as wildland, including a commitment to only
remove brush or trees to enhance wildlife habitat functions or if
constituting a hazard to persons or property, to be monitored by City and
County for compliance with granting conditions.
3. A concise site plan or map subject to approval by City of Bellingham that
accurately depicts the total area in acres subject to this approval that will
be kept on file at the City of Bellingham, the Whatcom County Council
Office, and the Whatcom County Assessor's Office.
4. Open Space Signage (format, style, content, and sign location) subject to
approval by City of Bellingham.
5. Limited access on a project per project basis by City of Bellingham or
designee to assess environmental values, functions, and opportunities for
future trail access, and habitat enhancement.
6. Approval contingent upon approval of the adjacent Open Space Land
application for the Ing-Alder parcel to the north, referenced under GEO ID:
380321 146426 0000.
7. A perpetual conservation easement or public trail easement may be
granted to the City of Bellingham upon consent of the owner.
8. The owner shall provide a written statement filed with the City of
Bellingham, Whatcom County Council Office, and the County Assessor's
Office that the City has no control over the property other than the right to
enforce conditions of approval under which classification is granted as
specified in the terms of the open space taxation agreement.
9. The owner shall provide written indemnification of the City of Bellingham
and Whatcom County for claims arising due to public use of trails (if any)
or land, unless and until such time the land is maintained by the City as
part of a separate agreement.
10.Signed and Recorded Whatcom County Hold Harmless Agreement.
OSP2009-00016; Ing (Formerly 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 the following conditions:
1. Public Access is not required.
2. Management by the owner as wildland, including a commitment to only
remove brush or trees to enhance wildlife habitat functions or if
constituting a hazard to persons or property, to be monitored by City and
County for compliance with granting conditions.
3. A concise site plan or map subject to approval by City of Bellingham that
accurately depicts the total area in acres subject to this approval that will
be kept on file at the City of Bellingham, the Whatcom County Council
Office, and the Whatcom County Assessor's Office.
4. Open Space Signage (format, style, content, and sign location) subject to
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approval by City of Bellingham.
5. Limited access on a project per project basis by City of Bellingham or
designee to assess environmental values, functions, and opportunities for
future trail access, and habitat enhancement.
6. Approval contingent upon approval of the adjacent application for open
space land on the Ing-Alder parcel to the north, referenced under GEO ID:
380321 146426 0000.
7. A perpetual conservation easement or public trail easement may be
granted to the City of Bellingham upon consent of the owner.
8. The owner shall provide a written statement filed with the City of
Bellingham, Whatcom County Council Office, and the County Assessor's
Office that the City has no control over the property other than the right to
enforce conditions of approval under which classification is granted as
specified in the terms of the open space taxation agreement.
9. The owner shall provide written indemnification of the City of Bellingham
and Whatcom County for claims arising due to public use of trails (if any)
or land, unless and until such time the land is maintained by the City as
part of a separate agreement.
10.Signed and Recorded Whatcom County Hold Harmless Agreement.
OSP2009-00017; Harris; 2905 Willis Street
New Application; Open Space Land
1.18 Acre(s) (less approximately 3, 615 sq. feet of 370307 168238 0000)
Assessor's Parcel Number(s):
370307 168238 0000; 370307 184238 0000; 370307 208238 0000
PBR= 91.85
Recommendation - Approval subject to the following conditions:
1. Public Access is required.
2. Management by the owner as wildland, including a commitment to only
remove brush or trees to enhance wildlife habitat functions or if
constituting a hazard to persons or property, to be monitored by City and
County for compliance with granting conditions.
3. A concise site plan or map subject to approval by City of Bellingham that
accurately depicts the total area in acres subject to this approval that will
be kept on file at the City of Bellingham, the Whatcom County Council
Office, and the Whatcom County Assessor's Office.
4. Public access is required on the owners improved trail as shown in Joint
Granting Authority's Condition of Approval No. 3 required site plan or map.
5. A perpetual conservation easement or public trail easement may be
granted to the City of Bellingham upon consent of the owner.
6. Removal of the header boards and widening of the walking tread on the
easterly segment of the foot path to provide a walking tread no narrower
than 18". Note: Header boards are not allowed or present on other
nearby connecting trails used by the public and the trail tread should
appear as a visible, continuous and flat surface to the public. Header
boards create the appearance of an informal trail that is not part of the
public trail system.
7. The owner shall provide a written statement filed with the City of
Bellingham, Whatcom County Council Office, and the County Assessor's
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Office that the City has no control over the property other than the right to
enforce conditions of approval under which classification is granted as
specified in the terms of the open space taxation agreement.
8. The owner shall provide written indemnification of the City of Bellingham
and Whatcom County for claims arising due to public use of trails or land,
unless and until such time the land is maintained by the City as part of a
separate agreement.
9. Signed and Recorded Whatcom County Hold Harmless Agreement.
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, based on a finding that the public benefit offered
is not commensurate with the loss of revenue or shift in taxes that would
occur if the application were to be approved.
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 the following conditions:
1. Management of the wooded areas by the owner as wildland and
management of other open areas for meadow, pasture, and pond features.
Construction of farm and yard structures in the open areas shall be subject
to approval by the City of Bellingham, and disallowed in the forested
areas, to be monitored by the City and County.
2. A perpetual conservation easement or public trail easement may be
granted to the City of Bellingham upon consent of the owner.
3. An easement or license dedicating public access over any trails
constructed by the City of Bellingham shall be granted for a period of 15
years after the granting of this approval. Said easement or license shall
specifically grant the City with the right to construct the following trails:
a. An east/west trending trail along the south boundary of the property to
connect the level portions of the abandoned F&S railroad grade
separated by the former railroad bridge on the slope of the Chuckanut
Creek ravine. Said trail shall be located as far to the south of the
applicant's property as is feasible to a trail complying with public trail
development standards. Pasture-type fencing shall be installed by the
City to keep the public trail corridor separate from applicant's adjacent
pastures and ponds.
b. A north/south trending trail along the west boundary of the property
from the southerly end of 26th Street to the above F&S grade trail.
Said trail shall be located as far west as is feasible to avoid impacting
Page 11 of 11
wetlands and wetland buffers and shall be located to utilize the 26th
Street right-of-way as much as possible. Pasture-type fencing shall be
installed by the City to keep the public trail corridor separate from the
owner's adjacent pastures and ponds.
4. Open Space Signage (format, style, content, and sign location) subject to
approval by City of Bellingham.
5. The owner shall provide a written statement filed with the City of
Bellingham, Whatcom County Council Office, and the County Assessor's
Office that the City has no control over the property other than the right to
enforce conditions of approval under which classification is granted as
specified in the terms of the open space taxation agreement.
6. The owner shall provide written indemnification of the City of Bellingham
and Whatcom County for claims arising due to public use of trails (if any)
or land, unless and until such time the land is maintained by the City as
part of a separate agreement.
7. Signed and Recorded Whatcom County Hold Harmless Agreement.
BE IT FURTHER RESOLVED that the Joint Granting Authority, composed
of at least three members of the Whatcom County Council and at least three
members of the Bellingham City Council directs the Whatcom County 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 28th day of October , 2014
ATTEST:..gstt111111r,,, WHATCOM COUNTY/CITY OF
{• C 00 ,'1o, BELLINGHAM OPEN SPACE
CURRENT USE PROGRAM:
;• •• JOINT GRANTING AUTHORITY
D: GOUNT
•
A -
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Dana 13f-ow -I Joi' t 6 anting Authority, Chair
Clerk of the Ciztunzil�\\'S'
l'f!o tttttto+ON,
APPROVED AS TO FORM: APPRO ED AS TO FORM:
■
R ce Buci
Whatcom County
Civil Deputy Prosecutor City of Bellingham, Attorney