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Home My WebLink Aboutres2011-013WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2011 -157 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: ,,. April73,2011 p D APR 1.9 2011 4/26/11 Nat. Resources Comm/Council Division Head: Dept. Head.- WHATCOM „ � COUNTY Prosecutor: _ -�� i I�CUNCIL Purchasing /Budget: Executive �+ y_ I 1 -), TITLE OF DOCUMENT: 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 Round 9 Applications ATTACHMENTS: Memo, Resolution, Purchase of Development Rights Round 9 Applicant Ranking list (Exhibit 1), and background materials SEPA review required? ( ) Yes ( x) NO Should Clerk schedule a (tearing? ( ) 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: 4/26/11: Recommended Approval 4/26/11: Council Approved 6 -0 -1, Crawford abstained, Res. 2011 -013 Related County Contract #. Related File Numbers. Ordinance or Resolution Number: Res 2011 -013 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.wlzatcom.wa.us /council. SPONSORED BY: Consent PROPOSED BY: Planninp, INTRODUCTION DATE: 4/26/11 RESOLUTION # 2011 -013 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 9 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 18, 2011 to develop a ranking of all applications received during Round 9 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 concurs with the ranking and finds that the ranking complies with the requirements of Title 3.25A and the PDR Guidelines Document. 1:\Planning Division\Long Range Planning \PDR Program\Applicants 2010 \1 - Ranking \Council\Ranking Resolution Round 9- 2011.doc 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 26th day of April `��ttttltirrrrr�� AT ��NT Y• CO F W Hq �.., G . V .• o Gov o•.2 N 0' - • • • e Dan )3rowri DaN+:, •Count APPROVED as to form: 2011 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON IAPlanning Division \Long Range Planning \PDR Program\Applicants 20100- Ranking \Council\Ranking Resolution Round 9- 2011.doc 2010 -2011 Applications forwarded from PDR Oversight Committee Whatcom County Agricultural Purchase of Development Rights Program Exhibit 1 The Purchase of Development Rights Oversight Committee recommends pursuit of easement purchases on the top two farms as ranked through Round 9 of the PDR Program, in addition to continuing toward closing the unfinished transactions from Round 8 as listed at the end of this exhibit: 1. Weatherby • Number of Points: 60.5 • Type of Farm: Cropland (potatoes), hayland, farmstead • Zoning District: R5A • Property Size (approximate acres): 39 • Preliminary Estimate of Development Rights: 7 This historic family farm lies on the south side of Willeys Lake Road, west of Woodland Road, within the Harksell Rural Study Area (as designated by the Agricultural Advisory Committee) and the North Custer PDR Target Area. The property consists of 100% APO /Prime soils, with 81 % classified as Prime 1 /LESA 1. Approximately 3 -4 acres are occupied by the farmstead, which includes a home, shed, shop and barn. The remaining 35 -36 acres are planted in a rotation of seed potatoes and grass. 2. Littrell • Number of Points: 56.78 • Type of Farm: Cropland (berries), pasture, farmstead • Zoning District: R5A • Property Size (approximate acres): 39 • Preliminary Estimate of Development Rights: 7 This farm lies on the west side of Delta Line Road, to the south of Loomis Trail Road. A portion of the northeast property borders Dakota Creek. The property lies within the Loomis Trail Rural Study Area. The property consists of 100% APO /Prime soils, with 77% classified as LESA 1. The farmstead occupies about 4 acres and includes a home, garage, utility building, and two barns. Over half the farmland supports berries. The remainder of the property is forested, riparian, or grassland. 3. Wylie • Number of Points: 56.22 • Type of Farm: Cropland, hayland, pastureland • Zoning District: R5A • Property Size (approximate acres): 38 • Preliminary Estimate of Development Rights: 5 This farm lies on the south side of Willeys Lake Road, east of Enterprise Road, within the Harksell Rural Study Area. The property consists of 95% Prime soils, with approximately 75% classified as APO soils /LESA 1 -3. Approximately 1 acre is occupied by farm buildings, which include barns and other old dairy infrastructure. The remaining 37 acres are currently managed for hay production. Page 1 of 2 4. Finkbonner • Number of Points: 49.69 • Type of Farm: Cropland, hayland, pastureland, farmstead • Zoning District: R5A /R10A • Property Size (approximate acres): 37 • Preliminary Estimate of Development Rights: 3 This farm lies out the Mount Baker Highway, south of Kendall and northwest of the North Fork Nooksack River. The property consists of 88% Prime soils, with approximately 37% classified as APO soils. The farmstead occupies about 1 acre and includes a home, shop, barns and small agricultural sheds. Approximately 24 acres are managed for pasture and hayland. The remainder of the property is planted with orchard trees, forested or riparian. Round 8 approved property (Resolution 2010 -022), still pending easement acquisition: Jensen Family Trust • Number of Points: 62.7 • Type of Farm: Cropland, hayland, farmstead • Zoning District: R5A • Property Size (acres): 107 • Number of Development Rights: 21 This historic family farm lies at the southern end of the Stein Road, with a portion to both the north and south along Birch Bay - Lynden Road, within the Loomis Trail Rural Study Area (as designated by the Agricultural Advisory Committee). The property consists of about 80% APO /Prime soils, with the remainder classified as farmland of statewide importance by the NRCS. Approximately 3.5 acres are occupied by the farmstead, which includes a home, loafing shed, chicken house, silos, greenhouse, garage, shop and barn. Devine Gardens operates out of the farmstead, and has about 5 acres planted in mixed vegetable row crops; about 30 acres are planted with raspberries; and the remainder is in hayland. 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 2 of 2 tiro L' ON 11:a:r.rr. 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