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HomeMy WebLinkAboutres2009-078 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2009 - 455 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: J Originator: 12/8/09 Special Hearing Erin Osborn O RI I f 09 l Dept. Head: David Stalheim m 'a l leg Prosecutor: ! Royce Buckingham S 12 - 3 -CR Purchasing/Budget: Executive: Peter Kremen TITLE OF DOCUMENT: A Resolution Approving Recommendations on Applications for Classification, Reclassification, or Amending Existing Applications for Open Space Current Use Assessment on Lands Located within the City of Bellingham: Master File Number 0S2009-2. ' 3 ATTACHMENTS: Staff Memo to County Council Members, Draft Resolution, Staff Report, Evaluation Forms, Maps, Photos SEPA review required? ( ) Yes ( X ) No Should Clerk schedule a hearing? (X ) Yes ( ) No SEPA review completed? ( ) Yes ( N/A ) No Requested Date: 12/8/09 SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: Recommendations on a total of seven (7) applications for Open Space Current Use Assessment referenced under Master File Number 0S2009-2 are forwarded to three members of the Whatcom County Council for a public hearing and subsequent action pursuant to Chapter 84. 34. 037 (1) RCW. A resolution is proposed to initiate Council action to approve recommendations on the applications referenced under Master File Number 0S2009-2 subject to conditions and applicable scores so noted by separate affirmative acts of both Whatcom . County and City of Bellingham legislative bodies where both bodies affirm the entirety of an application without modification or both bodies affirm an application with identical modifications, to grant assessment at . current use for those applications receiving a recommendation of approval: Seven (7) applications for Open Space Land. * Distribution Request: Assessors Dept — Jean Eastman COMMITTEE ACTION: COUNCIL ACTION: 12 / 8 / 2009 : Special Public Hearing 12 / 8 / 2009 : Council Amended & Approved The Council handled each application separately . 5 - 1 Weimer opposed Res . 2009 -078 Some applications were approved , and some were not . Also , Weimer suggested that staff provide council - members an update on the process and tax implication of these types of applications in the first quarter of 2010 Related County Contract #: Related File Numbers: OS2009-2 Ordinance or Resolution Number: Res . 2009 -078 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: 0S2009-2 SPONSORED BY : CONSENT PROPOSED BY : PDS INTRODUCTION DATE : 12/8/2009 RESOLUTION NO : 2009 -078 APPROVING RECOMMENDATIONS ON APPLICATIONS FOR CLASSIFICATION, RECLASSIFICATION, OR AMENDING EXISTING APPLICATIONS FOR OPEN SPACE CURRENT USE ASSESSMENT WHEREAS, The Open Space Taxation Act codified as Chapter 84 . 34 RCW , gives counties legislative authority to grant applications for current use classification and re - classification as Farm and Agricultural Land , Open Space Land and its sub - classification Farm and Agricultural Conservation Land , and Timber Land ; and WHEREAS, Pursuant to Whatcom County Code , Section 3 . 28 . 020 , applications for Open Space Land , Farm and 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 at a public hearing for review and consideration in making recommendations to the County Council ; 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, Pursuant to 84 . 34 . 037 ( 1 ) RCW, applications for classification of land in an incorporated area shall be acted upon by : A granting authority composed of three members of the county legislative body and three members of the city legislative body in which the land is located in a meeting where members may be physically absent but participating through telephonic connection ; or separate affirmative acts by both the county and city legislative bodies where both bodies affirm the entirety of an application without modification or both bodies affirm an application with identical modifications ; and WHEREAS, On December 8 , 2009 , three members of the Whatcom County Council held a public hearing and considered staff recommendations , and considered all testimony submitted on applications referenced in Master File Number 0S2009 - 2 ; and WHEREAS, Pursuant to 84 . 34 . 037 ( 1 ) RCW, the Whatcom County Council , upon conclusion of its December 8 , 2009 public hearing voted to take separate , affirmative and identical action as anticipated by the City of Bellingham in approving recommendations on the above referenced applications ; 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 Resolution Page 2 of 4 File Ref: 0S2009-2 WHEREAS, Pursuant to RCW 36 . 70 . 390 & RCW 84 . 34 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 a total of seven ( 7 ) applications for classification , reclassification , or amended existing applications , as Open Space Land within the City of Bellingham ; these applications were given individual file numbers and were grouped together and are referenced under Master File Number OS2009 - 2 . 2 . Planning and Development Services staff evaluated individual applications referenced under Master File Number 0S2009 - 2 using appropriate evaluation criteria and prepared a staff report with recommendations consistent with the results of each evaluation , and submitted this staff report to Whatcom County Council Members , and to the City of Bellingham staff, Tim Wahl . Copies of this report were also made available to individual applicants . 3 . Notice of the public hearing for Master File Number 0S2009 - 2 Open Space Current Use Assessment applications was published in the Bellingham Herald on November 28 , 2009 . 4 . On Tuesday, December 1 , 2009 Planning and Development Services staff met with City of Bellingham staff, Tim Wahl to discuss the merits of individual . applications . 5 . On Tuesday, December 8 , 2009 , three Whatcom County Council members in committee held a public hearing on all applications referenced under Master File Number 052009 - 2 , considered staff recommendations and considered all testimony in making their recommendations to the full Council on whether to approve in whole or in part, or deny individual applications referenced under Master File 0S2009 - 2 . 6 . At the conclusion of the public hearing on applications referenced under Master File Number 052009 - 2 , Council members in committee voted to approve all recommendations as presented by staff with the exception of the Bridgeview Ventures application ( OSP2009 - 00019 ) and the Clark Family application ( OSP2009 - 00018 ) . The Committee voted to deny the Bridgeview Ventures application , in totality . The Committee also voted to recommend denial on the Clark Family's request to modify conditions of public access as described in the existing 1985 Open Space Taxation Agreement as recorded under Auditor's File Number 1516491 . Resolution Page 3 of 4 File Ref: 0S2009-2 NOW, THEREFORE, BE IT RESOLVED BY THE WHATCOM COUNTY COUNCIL that recommendations on applications for Open Space Current Use Assessment referenced in Master File Number OS2009 - 2 and listed below are hereby approved subject to conditions and applicable scores as noted herein by separate affirmative acts of both Whatcom County and City of Bellingham legislative bodies where both bodies affirm the entirety of an application without modification or both bodies affirm an application with identical modifications : OSP2009 - 00014 ; Ludtke - Pacific Trucking , Inc . ; 4059 Bakerview Valley Road Transfer Application ; Open Space Farm/Agricultural Land to Open Space Land 1 . 92 Acre ( s ) Assessor's Parcel Number( s ) : 380316 096405 0000 ; 380316 127410 0000 PBR = 85 . 70 Recommendation - Approval subject to . Public Access Rules and Posted Sign OSP2009 - 00015 ; Ing ; C/O 3100 St . Clair Street N ew Application ; Open Space Land 1 . 05 Acre ( s ) Assessor's Parcel Number( s ) : 380321 154410 0000 ; 380321 178410 0000 PBR = 85 . 17 Recommendation - Approval subject to Public Access Rules and Posted Sign OSP2009 - 00016 ; Ing/Alder ; C/O 3100 St . . Clair Street N ew Application ; Open Space Land 1 . 10 Acre ( s ) . Assessor's Parcel Number : 380321 146426 0000 PBR = 85 . 17 Recommendation - Approval subject to Public Access Rules and Posted Sign OSP2009 - 00017 ; Harris ; 2905 Willis Street N ew Application ; Open Space Land 1 . 18 Acre ( s ) Assessor's Parcel Number( s ) : 370307 168238 0000 ; 370307 184238 0000 ; 370307 208238 0000 PBR = 91 . 85 Recommendation - Approval subject to Public Access Rules and Posted Sign OSP2009 - 00018 ; Douglas & Margaret Clark Family LLC ; Clark's Point Amending Existing Open Space Taxation Agreement Public Access Conditions ; 67 . 66 Acre ( s ) Assessor's Parcel Number( s ) : 370214 499306 0000 ; 370214 465249 0000 ; 370214 507180 0000 ; 370213 018190 0000 ; 370213 050150 0000 ; 370213 080099 0000 PBR = 90 . 00 Recommendation Denial Resolution Page 4 of 4 File Ref: 0S2009-2 O SP2009 - 00019 ; Bridgeview Ventures, LLC . ; 1609 12th Street N ew Application : Open Space Land 0 . 034 Acre ( s ) Assessor's Parcel Number : 370212 171565 0000 PBR = 58 . 00 Recommendation - Denial OSP2009 - 00020 ; Nelson ; 2750 Victoria Street Transfer Application : Open Space Farm/Agricultural Land to Open Space Land 8 . 73 Acre ( s ) Assessor's Parcel Number( s ) : 370307 0830510000 ; 370307 104020 0000 ; 370307 116083 0000 PBR = 85 . 80 Recommendation - Approval subject to Public Access Rules and Posted Sign B E IT FURTHER RESOLVED that the Whatcom County Council directs the Assessor to place the parcels into the appropriate Open Space Current Use classification . B E IT FINALLY RESOLVED that 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 8th day of December 2009 AT1, S' Y �C o /"i,�� WHATCOM COUNTY COUNCIL • N ; 4 ' WHATCOM COUNTY, Q . G - o 0 WASHINGTON - NTY Mina' w : ► n_Da 4. .. - th Fleet Cod Cf rk of.it i66/.1pCiI g Council Chair • . . • • APPRI FR t`h� f ���` I i I tT�©F ORM : ' oyce Buckingham Civil Deputy Prosecutor