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Home My WebLink Aboutres2010-036 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-331 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator Sept. 28, 2010 Natural Resources Erin Osborn '( o q 't s/( O ] U : c 1H V E D Committee Dept Head: l S o /o 9 / 28 / 10 Council JE. "Sam " Ryan SEP 2 1 2010 Prosecutor: Royce Buckingham , /hop Purchasing/Budget: 1 ' WHATCOM COUNTY COUNCIL Executive: r 1?` 01 ' `1O Peter Kremen TITLE OF DOCUMENT: A Resolution approving one ( 1 ) application for open space current use assessment under the Open Space Land classification as referenced under Master File Number OS2010- 1 ATTACHMENTS: Cover Memo, Draft Resolution, Planning Commission Facts & Findings, Excerpts from September 9, 2010 Planning Commission Public Hearing Draft Minutes, Staff Report, Rating Sheet, Maps, Photos, and Supporting Documents SEPA review required? ( ) Yes ( X ) No Should Clerk schedule a hearing? ( ) Yes (X) No SEPA review completed? ( ) Yes ( N/A ) No Requested Date: 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, Planning Commission recommendations on one ( 1 ) application for the classification of Open Space Land as authorized by Chapter 84. 34 RCW are hereby forwarded to the Whatcom County Council for either approval or disapproval . A resolution is proposed to initiate Council action to approve Planning Commission recommendations on the single application referenced under Master File Number OS2010- 1 . * Distribution Request: Assessors Office — Jean Eastman COMMITTEEACHON:: COUNCIL ACTION: 9 / 28 / 2010 : Forwarded to Council for approval . 9 / 28 / 2010 : Council Approved 7 - 0 Councilmember Weimer stated have a bigger Res . 2010- 036 discussion about County open space policies some time after the budget is adopted , in December or January . Confirm with Wain Harrison and Erin Osborn . Related County Contract #: Related File Numbers: OS2010-1 Ordinance or Resolution Number: Res . 2010-036 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 4 File Ref: OS2010-1 SPONSORED BY : CONSENT PROPOSED BY : PDS INTRODUCTION DATE : 9/28/ 10 RESOLUTION NO : 2010-036 APPROVING RECOMMENDATIONS ON ONE ( 1 ) APPLICATION 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 re - classification for the following classifications : Farm and Agricultural Land , Open Space Land , and 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 at a public hearing for review and consideration in making recommendations to the County Council ; 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 WHEREAS, Applications for Open Space Land are evaluated with the Public Benefit Rating System and assigned a Public Benefit Rating ( PBR) that corresponds with a recommendation of approval or denial , and must receive a score of 45 or above for a 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 Resolution Page 2 of 4 File Ref: 0S2010- 1 there is a documented occurrence of : State or Federal Threatened Endangered 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 9 , 2010 , the Whatcom County Planning Commission held a public hearing and considered all testimony on the single application referenced in Master File Number 0S2010 - 1 ; and . WHEREAS, On September 28, 2010 , the Whatcom County Council reviewed Planning Commission recommendations , and considered all testimony submitted in reference to applications in Master File Number 052010 - 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 : FINDINGS OF FACT AND REASONS FOR ACTION 1 . Whatcom County Planning and Development Services received ( 1 ) application for open space current use assessment in December 2009 which was given an individual file number ( OSP2010 - 00001 ) and is referenced under Master File Number 052010 - 1 . 2 . Planning and Development Services staff evaluated this single application using the Public Benefit Rating System and prepared a staff report with recommendations consistent with the results of this evaluation , and then submitted this staff report to all members of the Planning Commission . A copy of this report was also sent to the applicant . 3 . Notice of a public hearing for Master File Number 052010 - 1 was published in the Bellingham Herald on August 29 , 2010 . 4 . On Thursday , September 9 , 2010 , the Planning Commission held a public hearing on the single application referenced in Master File Number 052010 - 1 , considered staff recommendations and considered all input from the public . Resolution Page 3 of 4 File Ref: 0S2010- 1 5 . In accordance with Whatcom County Open Space Policies and Public Benefit Rating System , when making recommendations to Council as to whether to approve or disapprove applications for the classification of Open Space Land , the Planning Commission must in its recommendations the resulting loss in revenue or shift in taxes that would occur if the application was approved . At the public hearing , staff submitted additional information in the form of a map and spreadsheet which described the estimated resulting tax shift to other property owners in the taxing district that would occur if the application were to be approved . Using figures provided by the County Assessor's office , the difference between fair market value and the estimated current use assessment value was calculated to arrive at the savings in yearly taxes to the property owner. The estimated difference between fair market value and current use value was calculated to be an estimated $ 1 , 188 . 00 ; therefore the resulting shift in taxes that would occur if the application was approved would be approximately $ 1 , 188 . 00 . With mapping provided by GIS staff, the approximate geographic area was shown to include parcels that would be affected , and the property owners to whom those taxes would be shifted should the application be approved . 6 . At the September 9 , 2010 public hearing held by the Planning Commission , Clifford Running , the authorized agent for the property owner/applicant Terrell Creek Conservation Easement # 1 LLC , was present and answered questions and spoke about the merits of the property to be donated to a conservation organization to be held under conservation easement in perpetuity . 7 . At the September 9 , 2010 public hearing , Planning Commissioners voted to approve the recommendations presented by staff. 8 . On September 28, 2010 , staff presented Planning Commission Facts & Findings and Recommendations to the Whatcom County Council in Natural Resources Committee for their consideration in whether to approve in whole or in part, or deny the single application referenced under Master File 0S2010 - 1 , to be taken forward to the full Council in the evening for final action on the same day . NOW, THEREFORE, BE IT RESOLVED BY THE WHATCOM COUNTY COUNCIL : 1 . Recommendations on the single application for open space current use assessment for the classification of Open Space Land referenced in Master File Number 052010 - 1 listed below are hereby approved subject to conditions and applicable scores as noted herein : Resolution Page 4 of 4 File Ref: 052010-1 1 . File Number : 05P2010 - 00001 Property Owner : Terrell Creek Conservation Easement # 1 LLC ( Former Owner - Northwest Conservation Stewardship Fund ) ; New Application - Open Space Land : 20 . 91 Acres Assessor's Parcel Number : 390105474243 Public Benefit Rating = 84 . 96 Recommendation - Approval subject to the following proposed conditions : Signed and dated Public Access Policy including Proposed Rules of Conduct, Posted Open Space Sign and Affidavit of Posting , Hold Harmless Agreement . 2 . The Whatcom County Council directs the Assessor to place the above referenced parcel 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 28th day of September , 2010 1111111 I WHAT' cg1 �,COUNCIL WHATCOM COUNTY, WASHINGTON • . . . N • _ a `L ti _`• :. • Mme; . : A PS faana • re ' ewriletti s Sa ' Crawford C1-0);k oP•tbha oeincil , uncil Chair ''''I,,� 11 4- \`‘ Linn" APPROVED AS TO FORM : y \ ' • : . - , ng , - Civil Deputy Prosecutor