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Home My WebLink Aboutres2012-012 2012- 159 WHATCOM COUNTY COUNCIL AGENDA BILL NO. CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Nat. Resources Originator: SLKL Mar 30, 2012 ^ '. ii v R April 24, 2012 Comm/ Council Pet-, ((v \\�'/// Division Head: f 4? bi 91 1/ ._ f Dept. Head: ' 4 - 1, " /01 APR 17 2012 Prosecutor: - � ( r(,2 WHATCOM COUNTY COUNCIL Purchasing/Budget: Executive �. t4-'1l I V TITLE OF DOCUM : Resolution Affirming the PDR Oversight Committee Ranking and Authorizing Whatcom County Purchase of Development Rights Administrator and Whatcom County Executive to Proceed with the Acquisition Process for PDR Applications ATTACHMENTS: Memo, Resolution, Purchase of Development Rights 2012 Applicant Ranking list (Exhibit 1 ), and background materials SEPA review required? ( ) Yes ( x ) NO Should Clerk schedule a hearing? ( ) Yes ( x ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) As required by the WCC 3 .25A - Purchase of Agricultural Development Rights Ordinance, applications submitted by landowners interested in participating in the PDR program were reviewed for program eligibility and ranked pursuant to the PDR Guidelines Document, Ranking Criteria, by the PDR Oversight Committee. The ranking by the PDR Oversight Committee is now being submitted to Council. County Council needs to review the ranking as submitted by the Oversight Committee and affirm or modify that ranking list and authorize the PDR Administrator and County Executive to proceed with the acquisition process. COMMITTEE ACTION: COUNCIL ACTION: 4 / 24 / 2012 : Forwarded to Council for approval , 4 / 24 / 2012 : Council Amended & Approved 5 - 0 , 2-0 - 1 , Knutzen abstained . Council may amend Crawford and Kremen absent Res . 2012-012 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Res . 2012- 012 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: Planning INTRODUCTION DATE : 4 / 24 / 2012 RESOLUTION # 2012-012 AFFIRMING THE PDR OVERSIGHT COMMITTEE RANKING AND AUTHORIZING WHATCOM COUNTY PURCHASE OF DEVELOPMENT RIGHTS ADMINISTRATOR AND WHATCOM COUNTY EXECUTIVE TO PROCEED WITH THE ACQUISITION PROCESS FOR ROUND 10 APPLICATIONS WHEREAS, Whatcom County government recognizes agriculture as a major contributor to the local economy and a high quality of life for Whatcom County citizens; and WHEREAS, The Growth Management Act and the County Comprehensive Plan support the retention of agricultural lands of long term commercial significance and encourage the use of innovative techniques to do so; and WHEREAS, Ordinance #92-002 enacted a property tax levy known as the Conservation Futures Tax as authorized by RCW 84 .34.230 to provide a funding source to assist in acquiring "open space land, farm and agricultural land, and timber land;" and WHEREAS, Ordinance #2002-054 authorized the creation of a Purchase of Development Rights program for agricultural land within Whatcom County, and WHEREAS, Ordinance #2002-054 established a Purchase of Development Rights Oversight Committee to provide review and assistance to the PDR Administrator, and WHEREAS, Resolution No # 2002-040 adopted the PDR Guidelines Document which includes specific direction for program administration and conservation easement acquisitions, and WHEREAS, The Purchase of Development Oversight Committee met on March 9, 2012 to develop a ranking of all applications received during Round 10 and forwarded that ranking to Council; and WHEREAS, Council, pursuant to PDR Guidelines Document, must affirm or modify the properties as submitted by the PDR Oversight Committee, and WHEREAS, Council has reviewed the application ranking and background materials at a public meeting, and WHEREAS, Council modified the ranking in accordance with their policy priorities and the requirements of Title 3 .25A and the PDR Guidelines Document. C:\DOCUME-1\mblakely\LOCALS--I\Temp\xygipwise\PDR Ranking Resolution 2012 - clean_l .docxl:\Planning Division\Long Range Planning\PDR Program\Applicants 2012\1-Ranking\Council\Ranking Resolution 2012.docx NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that: 1 . The PDR Oversight Committee and Administrator proceed with the acquisition of conservation easements in the order of the approved ranking (Exhibit 1 ) pursuant to the process outlined in the PDR Guidelines Document. 2 . Expenditure of Conservation Futures Funds are authorized to cover expenses associated with purchase of conservation easements, including title search and insurance, appraisal services and Whatcom Land Trust fees. 3 . The Executive is authorized to enter into Purchase and Sale Agreements, provided : a. Appraisals are completed and conservation easements are drafted which meet the requirements of both the Whatcom County Purchase of Development Rights program, • and the federal or state match funding agency; b. Matching funds are provided by either the Federal Farm and Ranchland Protection Program or the State Recreation and Conservation Office to cover 50% of each easement purchase price; and c . Landowners have agreed to the offer price and conservation easement conditions . APPROVED this 24th day of April , 2012 WHATCOM COUNTY COUNCIL ATTESIIP��utwit/ tit � WHATCOM COUNTY, WASHINGTON i� / .. \\ t:: c, oIi,N( , G• • a . s • -- • Da-t Broyn� vises i;aawt;il C rk Kathy Kershner, Chairperson �SH'1 • . . A � ` C° '� ' 1 � ``` • APPROVED a to fo : � . rr • Prosecutor I :\Planning Division\Long Range Planning\PDR Program\Applicants 2012\1 -Ranking\Council\Ranking Resolution 2012.docx 2011 -2012 Applications forwarded from PDR Oversight Committee Whatcom County Agricultural Purchase of Development Rights Program Exhibit 1 The Whatcom County Council amended the Purchase. of Development Rights Oversight Committee recommended list of easement purchases in the order below as ranked through Round 10 of the PDR Program, in addition to supporting continuation toward closing the unfinished transaction from previous rounds as listed at the end of this exhibit: 1. Eldridge • Number of Points : 51 .0 • Type of Farm: Pasture; part of larger dairy farm including heifer replacement • Zoning District: R5A • Property Size (approximate acres) : 11 (to be added to the existing .30 acres under PDR easement) • Preliminary Estimate of Development Rights : 2 This family farm lies just east of Nooksack, north of South Pass road. The property consists of 94% Prime soils, with the remaining 6% classified as soils of Statewide Importance by USDA. The family leases an additional acreage for pasture land and hay production, bringing the total Eldridge farm operation to about 100 acres. The owners breed and raise heifers, and sell milk through a dairy cooperative. 2. Holz . • Number of Points : 44.9 • Type of Farm: Hayland, pastureland, home • Zoning District: R5A • Property Size (approximate acres) : 37 • Preliminary Estimate of Development Rights : 6 This farm lies on the north side of Laurel Road, south of other PDR easement purchases on the Hemmi Road, and just south of the East Hemmi Road PDR Target Area. The property consists of 70% Prime soils . Approximately one and a half acres are occupied by a separate home and farm buildings, which include barns and other infrastructure. The remaining acres are managed for hay production and pastureland. Previous Round approved property, still pending easement acquisition: Thomas and Diane Funk • Number of Points : 60. 8 • Type of Farm: Cropland, hayland & pastureland • Zoning District: R5A • Property Size (acres) : 40 • Number of Development Rights : 7 This farm lies on the west side of the Stein Road, to the southwest of the intersection with Delta Line Road. A portion of the property on either side of Dakota Creek is enrolled in CREP. The property lies within both the Stein Road PDR Target Area, and the Loomis Trail Rural Study Area. The farmstead occupies about 2 acres and includes a home, barn, and shop. About half the farmland is leased for raspberries. The remainder of the property is hay and pastureland. Page 1 of 1