HomeMy WebLinkAboutres2013-027 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-290
CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to:
Originator: ��O �/23I 13 � � � � � � � � August 6,2013 Introduction
Erin Osborn
Dept. Head: /��j Sept. 10, 2013 P&D
J.E. "Sam"Ryan �p�� „t
JUL 3 0 2013
Prosecutor: Sept. 10, 2013 Council
Royce Buckingham 7fr 7-1*-a WHATCOM COUNTY Hearing
Purchasing/Budget:
COUNCIL
Executive:
Jack Louws f j• /3 0 113
TITLE OF DOCU1 T:
A Resolution appro ing recommendations on applications for open space current use assessment.
ATTACHMENTS:
Cover Memo, Draft Resolution, Planning Commission Facts & Findings, Planning Commission July 11, 2013
Work Session Draft Minutes, Staff Report, Evaluation Forms, Maps, Photos, and other Supporting Documents.
1 '
SEPA review required? ( ) Yes ( X ) No Should Clerk schedule a hearing? ( X ) Yes () No
SEPA review completed? ( ) Yes N/A Requested Date: September 10, 2013
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
In accordance with Whatcom County Code, 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 3 applications for
open space current use assessment as authorized by the Open Space Taxation Act (Chapter 84.34 RCW). A
draft resolution has been prepared to initiate Council action should they wish to approve Planning Commission
recommendations.
* Distribution Request: Assessors Office—Jean Eastman
COMMITTEE ACTION: COUNCIL ACTION:
9/10/2013: Discussed 8/06/2013: Introduced
9/10/2013: Council Amended & Approved 6-1,
Brenner opposed Res. 2013-027
Related County Contract#: Related File Numbers: OS2013-1 Ordinance or Resolution
Number: Res. 2013-027
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 7
File Ref: OS2013-1
SPONSORED BY: Consent
PROPOSED BY: PDS
INTRODUCTION DATE: 08/06/13_
RESOLUTION NO: 2013-027
APPROVING RECOMMENDATIONS ON APPLICATIONS FOR
OPEN SPACE CURRENT USE ASSESSMENT
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: Farm and Agricultural Land, Open
Space Land, Farm & Agricultural Conservation 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, Applications for Open Space Land and Open Space Farm &
Agricultural Conservation Land are evaluated with the Public Benefit Rating System
and assigned a Public Benefit Rating (PBR) that corresponds with a staff
recommendation of approval or denial, and must receive a score of 45 or above for
a staff recommendation of approval; and
WHEREAS, In accordance with the Whatcom County Open Space Policies and
Public Benefit Rating System, public access is a condition of approval for Open
Space Land applications, except that this requirement may be waived by the Council
when the purpose of the classification is for the conservation of wetlands; or when
there is a documented occurrence of: State or Federal Threatened Endangered
Resolution Page 2 of 7
File Ref: OS2013-1
Species, Federal Proposed Endangered or Threatened Species, State Sensitive or
Monitor Species; or when there is a known or potentially significant archaeological
site; and
WHEREAS, On September 10, 2013, the Whatcom County Council held a
public hearing and considered recommendations from the Whatcom County Planning
Commission, staff recommendations, and considered all input from the public on
applications referenced in Master File Number OS2013-1; 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
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 Findings of Fact
and Reasons for Action:
1. In 2012, Whatcom County Planning and Development Services received
three 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. These applications were processed as a
group under Master File Number OS2013-1.
2. Of the three applications referenced in OS2013-1: one is for Open Space
Land (OSL), and two applications are for the classification of Open Space
Timber Land (OST). Upon receipt of these applications, Planning and
Development Services staff evaluated the open space land application with
the Public Benefit Rating System (PBRS), and evaluated applications for
timber land with Whatcom County Timber Management Plan Format and
Criteria, and also for conformance with Subsection 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. 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
July 11, 2013.
4. At the July 11, 2013 Planning Commission Work Session, staff gave an
approximately one hour overview presentation on the Open Space Current
Use Program, its statutory and local authority, a brief overview on the
historical legislative context in which the Open Space Taxation Act and
other environmental laws that emerged in the 1970's & 1980's, and
outlined roles of the Planning Commission, County Council, County
Resolution Page 3 of 7
File Ref: OS2013-1
Assessor's Office, and Joint Granting Authority (for applications located
within incorporated areas). 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".
5. After conclusion of the staff overview on the open space current use
program, staff then presented each of the individual applications
referenced in Master File OS2013-1. The single application for the
classification of open space land was presented first, followed by
presentations on the timber land applications.
6. Staff recommended approval on the application for Open Space Land
(Sefton). Staff recommendation of approval on this application was based
on an assigned Public Benefit Rating (PBR) score of 45 points or higher
which is consistent with a staff recommendation of approval pursuant to
Whatcom County Open Space Policies and Criteria and Public Benefit
Rating System.
The Sefton's proposal included free public access to 10.78 acres of their
almost 11.78 acre parcel during posted hours and to large groups by
appointment. Proposed public access featured an existing half-mile loop
trail situated in a wooded and grassy area that the applicant's stated could
be used recreational purposes, including: hiking, wildlife viewing,
horseback riding, and star gazing at night (by appointment), with ample
off-street parking that the applicant proposed would be improved and
documented in a record site plan upon application approval.
7. Whatcom County Open Space Policies and Criteria and Public Benefit
Rating System requires that the Planning Commission in making its
recommendations to the County Council consider each application for Open
Space Land in terms of its overall benefit relative to the monetary shift in
taxes that would occur if the application were to be approved.
8. Staff presented information that described the estimated resulting tax shift
that would occur if the Sefton application for Open Space Land were to be
approved. Using figures provided by the County Assessor's Office, staff
calculated that the estimated difference between assessed fair market
value and the estimated current use value would be approximately
$88,832.00. This assessed property value reduction would result in an
estimated tax shift of approximately $1,094.41 to other tax payers per
year if the application were to be approved.
Staff was not able to provide information to the Planning Commission
about what this overall tax shift would mean in terms of increased taxes
affecting individual property owners because it would be a very difficult
calculation to perform. Staff explained that not all property owners
located in a geographic tax code area are subject to the same set of taxing
district levies, and therefore it would not be as simple as dividing the
number of parcels by the monetary shift in taxes to obtain an estimated
tax shift on per parcel basis. Staff indicated that research had been done
to obtain more precise information about the tax shift to other parcels, but
Resolution Page 4 of 7
File Ref: OS2013-1
that further study in cooperation with the County Assessor would be
necessary to create an accurate estimate of the tax shift on a per parcel
basis that would occur as a result of application approval.
9. During discussion on the specifics of the Sefton application, Planning
Commissioners asked about surface conditions of the proposed 1/2 mile of
walking trails, and staff replied that the trails were mowed. Commissioners
also asked for clarification about what was being offered in terms of off-
street parking. Staff indicated that the existing parking appeared ample,
but the Applicants who were present indicated that they intended to
improve the parking area by grading an area to the south of the driveway
and adding gravel. Staff indicated that Commissioners could recommend
that a site map and parking plan be stipulated as a condition of approval.
10. After much deliberation, Planning Commissioners came to the general
consensus that the application had low benefit relative to the tax shift, and
that the public benefit being offered by the Sefton application was not
commensurate with the loss of revenue or shift in taxes to the other tax
payers in the taxing district, and voted to deny the application in its
entirety.
11. During Planning Commission discussion on the Sefton application for Open
Space Land, Planning Commissioners made comments to generally
indicate that the Public Benefit Rating System (PBRS), originally conceived
in the late 1980's, may not be adequate to measure application benefit in
accordance with today's priorities for the conservation and preservation of
land and other county resources under the Open Space Taxation Act.
12. Discussion was held and a general consensus reached by Planning
Commissioners that the Public Benefit Rating System should be reviewed
for a potential update.
13. Staff recommended approval on both the Smith, and Kennedy applications
for Timber Land. Staff recommendations of approval were made after
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 and county ordinances that apply to
the review and staff recommendations of approval on applications for
Open Space Timber Land. Both Timber Land applications received a score
consistent with a staff recommendation of approval (7 points or above, up
to a maximum of 14 points) with 14 points assigned to each application,
respectively.
14. Whatcom County Planning Commissioners considered staff findings and
recommendations on the Keith Smith Application for Timber Land and
voted to recommend approval. This recommendation was based on a
finding that the land was zoned for Rural Forestry, that there was no
residence established on the property, and that the land appeared to be
used for growing trees.
15. Whatcom County Planning Commissioners considered staff findings and
Resolution Page 5 of 7
File Ref: 052013-1
recommendations on the William Kennedy application and voted to
recommended denial. During Planning Commissioner review, it was noted
that aerial photographs depicted what looked like a soccer field set up on
part of the land that was the subject of application.
Staff noted that aerial photographs of record did depict what appeared to
have formerly been some sort of private soccer field occupying land where
trees of a commercial species were now planted in accordance with the
Timber Management Plan, and with Forest Practice rules for re-stocking.
Staff stated that the land subject of application contained five or more
acres devoted primarily to the growth and harvest of timber for
commercial purposes (6.7 acres); that the applicant had retained the
services of a professional forester who prepared a Timber Management
Plan that contained all of the elements of a Timber Management Plan; and
the application scored points consistent with a staff recommendation of
approval (14 points).
Planning Commissioners based their recommendation to deny the
application on a finding that although the Timber Management Plan
submitted had received a score consistent with a staff recommendation of
approval, the general consensus of the Planning Commission was that the
land that was subject of application was not devoted primarily to the
growth and harvest of timber for commercial purposes, as required by law.
16. On July 23, 2013, 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 OS2013-1,
and this report was reviewed for accuracy and signed by the Planning
Commission Chair and Planning Commissioner, Secretary.
17. On July 23, 2013, Planning & Development Services prepared an Agenda
Bill, Draft Resolution and attachments including all relevant information on
file in regards to the subject applications referenced under OS2013-1, and
forwarded this 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 August 6, 2013, and also included a request for a
public hearing to be scheduled on September 10, 2013.
18. On August 6, 2013, the draft resolution was introduced.
19. A public hearing was scheduled to take place before the County Council at
their regularly scheduled evening meeting, held on September 10, 2013.
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 September 10, 2013.
20. On September 10, 2013, at their evening meeting, the Whatcom County
Council held a public hearing on all applications referenced under OS2013-
1, and after considering all relevant information, and after considering
input from the public, they voted to approve in whole all of the individual
Resolution Page 6 of 7
File Ref: 0S2013-1
applications referenced under OS2013-1.
NOW, THEREFORE, BE IT RESOLVED BY THE WHATCOM COUNTY
COUNCIL:
1. Recommendations on applications for open space current use assessment
referenced in Master File Number OS2013-1 listed below are hereby
approved subject to conditions and applicable scores as noted herein:
A. Open Space Land (OSL)
1. OSP2013-00003 - Sefton
Application to Reclassify: Farm & Agricultural Land to Open Space Land
APN: 390409 469380 0000
Parcel acres = 11.78; OSL acres= 10.78:
Staff Recommended PBR 71.75
ESTIMATED SHIFT IN TAXES IF APPROVED: $1,094.41
Approval: subject to the following conditions:
1. Public Access as shown on maps of record
2. Posted Open Space Sign
3. Public Access Statement & Proposed Rules of Conduct as noted
in the file record
4. Hold Harmless Agreement
B. Timber Land (OST)
1. OSP2013-00001 - Smith
Application to reclassify as Timber Land from Designated Forest Land
APN: 400507 113201 0000
Parcel acres = 19.3; OST acres= 19.3
Timber Management Plan Score = 14
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
3. Hold Harmless Agreement
2. OSP2013-00002 - Kennedy
New Application to reclassify as Timber Land from Fair Market Value
APN: 400618 474052 0000
Parcel acres = 9.58; OST acres= 6.7
Resolution Page 7 of 7
File Ref: 0S2013-1
Timber Management Plan Score = 14
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
3. Hold Harmless Agreement
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 10th day of September 2013
WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON
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lava .ca .•` Kathy Kershner
Cle of 1h� inc1l .S Council Chair
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APPROVED AS TO FORM:
Ci ■ •secutor