HomeMy WebLinkAboutres2012-027 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012 - 273
CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to:
Originator: August 7, 2012 Introduction
Erin Osborn 7 "-7I ( 1,-
Dept. a' ' D E C E O V E .
J.E. "Sant " Ryan /0� 7/ia. 9 / 25 / 2012 Hearing
Prosecutor:
Karen Frakes
"1 ;�li.a- JUL 31 2012
Karen .
Purchasing/Budget: T
WHATCOM COUNT(
Executive: COUNCIL
Jack Louws , -9)
TITLE OF DOCUM y',,P
A Resolution approving recommendations on applications for open space current use assessment.
ATTACHMENTS:
Cover Memo, Draft Resolutions for Council Consideration, Planning Commission Facts & Findings, Staff
Report, Evaluation Forms, Maps, Photos, and other Supporting Documents.
SEPA review required? ( ) Yes ( X ) No Should Clerk schedule a hearing? ( X ) Yes () No
SEPA review completed? ( ) Yes N/A Requested Date: September 11, 2012
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 8 applications for
open space current use assessment as authorized by 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.•
8/07/2012 : Introduced
9/25/2012 : Council Approved 7 -0
Res . 2012 -027
Related County Contract #: Related File Numbers: OS2012-1 Ordinance or Resolution
Number: Res . 2012-027
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/councit
Resolution Page 1 of 8
File Ref: 0S2012- 1 -v-02
SPONSORED BY: Consent
PROPOSED BY : PDS
INTRODUCTION DATE : 08/07/12
RESOLUTION NO : 2012-027
APPROVING RECOMMENDATIONS ON APPLICATIONS FOR
OPEN SPACE CURRENT USE ASSESSMENT
WHEREAS, The Open Space Taxation Act codified as Chapter 84 . 34 RCW ,
gives counties legislative authority to approve applications for current use
classification and reclassification for the following classifications : Open Space Farm
and Agricultural Land , Open Space Land , Open Space Farm & Agricultural
Conservation Land , and Open Space Timber Land ; and
WHEREAS, Pursuant to Whatcom County Code , Section 3 . 28 . 020 ,
applications for the classification of Open Space 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
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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 25 , 2012 , 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,
referenced in Master File Number 052012 - 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 2011 , Whatcom County Planning and Development Services received
seven applications to classify or reclassify land under the open space
current use program on lands located within the jurisdiction of Whatcom
County . In addition to the seven applications received in 2011 , one
application was received in 2012 that was added to this group for a total of
eight processed in 2012 under Master File Number 052012 - 1 .
2 . Of the eight applications referenced in 0S2012 - 1 : two were for Open
S pace Land ( OSL) , one application was for Open Space Farm & Agricultural
Land ( OSFACL) , with five applications for the classification of Open Space
Timber Land ( OSTL) . Upon receipt of these applications , Planning and
Development Services staff evaluated the Open Space Land and Open
S pace Farm and Agricultural Conservation Land applications 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
S pace Taxation Act ( RCW 84 . 34 ) .
3 . Staff prepared a report with recommendations to approve in whole or in
part or to deny these applications based on review with the applicable
evaluation criteria and scores assigned on the basis of this review . This
report was presented to the Whatcom County Planning Commission and
members of the public who were present at the Whatcom County Planning
Commission meeting work session held on July 26 , 2012 .
4 . Staff made a brief presentation about the Open Space Current Use
Program and its statutory and local authority , and then showed a power
point slide show while discussing the basis of staff recommendations on
each application . The applications for open space land classification were
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presented first, followed by presentations on the timber land applications .
5 . Staff recommended approval on all applications for Open Space Land ( Reid
and Olson ) and recommended approval on the one application for Open
S pace Farm and Agricultural Land ( Fransen/Schouten ) . Staff
recommended approval on these applications because they each scored a
Public Benefit Rating ( PBR) of 45 points or higher which is consistent with
a staff recommendation of approval pursuant to the Whatcom County
PBRS .
6 . Staff also presented information describing the estimated resulting tax
shift that would occur if Open Space Land applications were to be
approved . Using figures provided by the County Assessor's office , staff
calculated the estimated difference between fair market value and the
estimated current use assessment value to arrive at the savings in yearly
taxes to the property owner, and a hypothetical shift in taxes to the other
tax payers in the taxing district . Whatcom County Open Space . Policies &
Public Benefit Rating System charge the Planning Commission with
considering the loss of revenue or shift in taxes that would occur in
making their recommendations of approval or denial on these applications
to the County Legislative Authority ( County Council ) .
7 . During Planning Commission discussion on the Reid application for Open
S pace Land , Planning Commissioners made comments to generally
indicate that the Public Benefit Rating System , originally conceived in the
late 1980 's , may not be adequate to review and assign scores in
accordance with today 's priorities for the conservation and preservation of
land under the Open Space Taxation Act . Further discussion was held
about the potential for forwarding future recommendations to the County
Legislative Authority , ( Whatcom County Council ) , to request an update to
this rating system .
D uring discussion on the specifics of the Reid application , Planning
Commissioners asked about whether the second lot in this application
could be built on , and staff indicated that there was some uncertainty as
to whether both lots were considered " legal lots of record " as an official
determination had not been made , but if in fact they were both lots of
record , that perhaps the second lot had a potential of being developed
with a single -family residence ; although if approved for the classification
of Open Space Land , no further development could occur as it would be
inconsistent with the purposes of classification granted under that
approval .
After much deliberation , Planning Commissioners came to the general
consensus that the application had low recreational value , and that the
public benefit being offered by the Reid application was not commensurate
with the loss of revenue or shift in taxes to the other tax payers in the
taxing districts , and voted to deny the application in its entirety .
8 . During discussion on the Fransen/Schouten application , staff explained
that the earlier confusion as to which classification was actually being
sought, due to conflicting information contained on application materials ,
had been clarified by the applicant's agent . Staff explained that since the
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File Ref: 052012-1 -v-02
date of the staff report, the applicant's agent had clarified that it was
actually Open Space Farm and Agricultural Conservation Land classification
being sought and not the Open Space Land classification .
There was some discussion amongst Planning Commissioners as to the
implications of approving an application for a future agricultural use in a
zoning district that would otherwise prohibit that use except as the
continuance of a use that would be considered a non - conforming use .
Staff provided information to Commissioners about how a non - conforming
use may continue where otherwise prohibited by ordinance , and discussed
general applicability of Whatcom County Code , Chapter 20 . 83 to such non -
conforming uses .
After much deliberation , Planning Commissioners came to the general
consensus that the application had low recreational value , and that the
public benefit being offered by the Fransen/Schouten application was not
commensurate with the loss of revenue or shift in taxes , and voted to
deny the application in its entirety .
9 . During staff presentation of the Olson application for Open Space Land ,
the Planning Commission considered the public benefit being offered by
this application and noted it appeared to exceed the public benefit being
offered by many of the other golf courses in Whatcom County previously
approved for the classification of Open Space Land . Staff explained that
while many of the approved golf courses featured a component of public
access that included rounds of golf donated to charitable organizations
and/or public schools , the Olson application allowed access to golf course
amenities such as a 1 . 5 mile walk around the golf course , and access to
the putting green , chipping area , and hitting cage for free , during normal
golf course hours .
After much deliberation , Planning Commissioners came to a general
consensus that the application had relatively high recreational value
compared to other similar applications approved in the past, and that the
public benefit being offered by the Olson application would be
commensurate with the loss of revenue or shift in taxes , and voted to
approve the application in its entirety .
10 . Staff recommended approval on all of the applications for Timber Land .
Staff recommendations of approval on the applications for Timber Land
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 . Each application received a
score consistent with a staff recommendation of approval ( 7 points or
above , up to a maximum of 14 points ) . Staff noted that the Timber
Management Plans were generally very well prepared were each given a
score of 14 points .
Whatcom Planning Commissioners considered staff findings and
recommendations and made motions and voted to approve all of the
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File Ref: 0S2012-1 -v-02
applications referenced in 0S2012 - 1 requesting approval to classify or
reclassify as Open Space Timber Land .
11 . On July 27 , 2012 , 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 OS2012 - 1 ,
and this report was reviewed for accuracy and signed by the Planning
Commission Chair and Planning Commissioner, Secretary .
12 . On July 27, 2012, 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 OS2012 - 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 7 , 2012 , and also included a request for a
public hearing to be scheduled on September 11 , 2012 .
13 . On August 7 , 2012 , the draft resolution was introduced . On the same day
staff requested that the hearing be rescheduled to be held on September
25 , 2012 due to schedule conflicts .
14 . A public hearing was scheduled to take place before the County Council at
their regularly scheduled evening meeting , to be held on September 25 ,
2012 . Notice of this public hearing was published in the Bellingham Herald
on September 15 , 2012 . In addition , on August 24 , 2012 all Applicants
were sent a letter by US Mail stating that a public hearing would be held
on their individual applications on September 25 , 2012 .
15 . On September 25 , 2012 , the Whatcom County Council held a public
hearing on all applications referenced under 052012 - 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 individual applications referenced under OS2012 - 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 OS2012 - 1 listed below are hereby
approved subject to conditions and applicable scores as noted herein :
A . Open Space Land ( OSL)
1 . OSP2012 - 00002 - Reid
Application to reclassify as Open Space Land from Farm & Agricultural
Land
APN : 400114 276163 0000 ; 400114 292168 0000
Parcel acres = 5 . 46 ; OSL acres = 4 . 46 : PBR 72 . 15
ESTIMATED SHIFT IN TAXES IF APPROVED : $ 575 . 00
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File Ref: 0S2012-1 -v-02
Recommendation :
1 . Denial
Based on a Finding that the application had low recreational value and that
the public benefit being offered was not commensurate with the loss of
revenue or shift in taxes .
2 . OSP2012 - 00004 - Fransen & Schouten
Application to reclassify as Open Space Farm and Agricultural Land from
Farm & Agricultural Land
APN 390304 050150 0000
Parcel acres = 13 . 55 ; OSL acres = 9 . 00 : PBR 67 . 26
ESTIMATED SHIFT IN TAXES IF APPROVED : $ 1 ,468 . 00
Recommendation :
1 . Denial
Based on a Finding that the application had low recreational value and that
the public benefit being offered was not commensurate with the loss of
revenue or shift in taxes .
3 . OSP2012 - 00007 - Olson
New application to classify as Open Space Land from Fair Market Value
APN : 390308 502456 0000 ; 390309 030447 0000 ; 390309 199481 0000
Parcel acres = 43 . 93 ; OSL acres = 42 . 93 : PBR 72 . 20
ESTIMATED SHIFT IN TAXES IF APPROVED : $ 5 , 644 . 00
Recommendation :
Approval , subject to the following attached conditions :
1 . Public Access as shown on maps of record
2 . Posted Open Space Sign
3 . Public Access Statement & Proposed Rules of Conduct
4 . Hold Harmless Agreement
B . Timber Land ( OSTL)
1 . OSP2012 - 00001 - Salvatierra
Application to reclassify as Open Space Timber Land from Designated
Forest Land
APN : 400510 301466 0000
Parcel acres = 19 . 56 ; OSTL acres = 19 . 56
Timber Management Plan Score = 14
Recommendation :
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File Ref: 052012-1 - v-02
Approval , subject to the following attached 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 . OSP2012 - 00003 - Mitchell
Application to reclassify as Open Space Timber Land from Designated
Forest Land
APN : 390531 090430 0000 ; 390530 109004 0000
Parcel acres = 20 . 66 ; OSTL acres = 19 . 56
Timber Management Plan Score = 14
Recommendation :
Approval , subject to the following attached 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
3 . OSP2012 - 00005 - Pullar
Application to reclassify as Open Space Timber Land from Farm &
Agricultural Land
APN : 390329 020310 0000 ; 390329 050310 0000
Parcel acres = 9 . 5 ; OSTL acres = 9 . 5
Timber Management Plan Score = 14
Recommendation :
Approval , subject to the following attached 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
4 . OSP2012 - 00006 - Dellos
New Application to classify as Open Space Timber Land
APN : 410536 360203 0000
Parcel acres = 10 . 00 ; OSTL acres = 7 . 00
Timber Management Plan Score = 14
Recommendation :
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File Ref: 052012-1 - v-02
Approval , subject to the following attached 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
5 . OSP2012 - 00003 - DesRosiers
Application to Reclassify as Open Space Timber Land from Designated
Forest Land
Parcel acres = 20 . 00 ; OSTL acres = 19 . 00
Timber Management Plan Score = 14
Recommendation :
Approval , subject to the following attached 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 t�hjs, i , ,� 5th day of September , 2012
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D a a, s ° `mot Kathy Kershner
Clerk W the Coun €ii • Council Chair
APPROVEDIdg' rT0pM :
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aren Frakes
Civil Deputy Prosecutor