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HomeMy WebLinkAboutres1992-039, WHATCOM COUNTY COUNCIL AGENDA BILL NO. 92 202 7 v 5/12/92 Co cil /Intro -refe 6/9/92 P &D /Council SUBJECT. FILE NO: OS:1992 A E A RESOLUTION ADOPTING RECOMMENDATIONS FOR 1992 A E OPEN SPACE/T TUBER AND OPEN SPACE /OPEN SPACE APPLICATIONS ATTACHMENTS: Agency Report with attached Staff Report Excerpts from Draft Planning Commission Minutes, April 7, 1992 Draft Resolution Public Hearing Needed? Yes / / No / / SUMMARY STATEMENT: The Planning Department received four Open Space /Timber applications from Kronenberg (1992 -B), Hellyer (1992 -C), Chadwick/Miller (1992 -D), and Martin (1992 -E), and one Open Space /Open Space application from Miller (1992 -A). On April 7, 1992, the Planning Commission ; ecommended approval of the Kronenberg, Hellyer, Chadwick/Miller, and Miller applications and denial of the Martin application as recommended by staff. RECOMMENDED ACTION. The Staff recommends the Council uphold the Planning Commission recommendations and approve the Open Space /Timber applications for Kronenberg (1992 -B), Hellyer (1992 -C), and Chadwick/Miller (1992 -D), and the Open Space /Open Space application for Miller (1992 -A) for Open Space tax status by adopting the attached resolution. The Staff further recommends the Council uphold the Planning Commission recommendation denying the Open Space/Timber application for Martin (1992 -E). COMMITTEE ACTION (including dates): COUNCIL ACTION (including dates): 5/12/92: Council Intro 6/9/92: Council approved the resolution. 7 -0. Related Flile Numbers. AB92- 184(Kronenberg) Ordinance or Resolution Number. R92 -039 AB92- 018(Hellyer), AB92 -054(Chadwick /Miller), .AB91- 392(Martin), AB91-,4" (Miller) File: #OS: 1992 A -E, Page 1 File: #OS:1992 A -E INTRODUCED _BY.• Consent PROPOSED BY. PLANNING DATE. May 12, 1992 RESOLUTION NO. 92 -039 A RESOLUTION ADOPTING RECOMMENDATIONS FOR 1992 A -E OPEN SPACE/TIMBER AND OPEN SPACE /OPEN SPACE APPLICATIONS WHEREAS, the Planning commission received from the County Council five (5) new applications for open space land tax assessment for review and recommendations pursuant to RCW 84.34; and WHEREAS, pursuant to WAC Section 197- 11- 800(6)(c), matters relating to Open Space taxation are determined not to be major actions and are exempt from the threshold determination and environmental impact statement requirements of the State Environmental Policy Act; and WHEREAS, pursuant to RCW 36.70.390 legal notice was published in the Bellingham Herald on Thursday, March 26, 1992 and a copy of said notice was sent in a timely manner to all applicants; and WHEREAS, on April 7, 1992, the Planning Commission opened the public hearing on the applications and received testimony from the Planning Department staff regarding the proposed Open Space /Timber and Open Space /Open Space parcels; and WHEREAS, evaluations are based upon the Public Benefit Rating System; and WHEREAS, the Planning Commission concurred with the Planning Department's recommendations for: approval of Open Space /Timber applications by Kronenberg (1992 -B), Hellyer (1992 -C), and Chadwick/Miller (1992 -D), and the Open Space /Open Space application by Miller (1992 -A); and denial of the Open Space /Timber application by Martin (1992 -E); and WHEREAS, the Planning Commission forwarded its recommendations to Council; and WHEREAS, Council held a public meeting on May 12, 1992 to consider the Planning Commission's recommendations. NOW THEREFORE BE IT RESOLVED BY THE WHATCOM COUNTY COUNCIL: 1. Open Space /Timber applications by Kronenberg, Hellyer, and Chadwick/Miller, and the Open Space /Open Space application by Miller are hereby approved for Open Space tax status. 2. Conditions of approval require from the owner a Public Access Policy statement, the posting of an Open Space sign, and the signing of the Hold Harmless agreement in accordance with the revised Whatcom County Open Space Policy and Criteria and Public Benefit Rating System, Council Resolution No. 89 -38. 3. The Council directs the Assessor to place these parcels in the Open Space /Timber and Open Space /Open Space tax status category. File: NOS: 1992 A E, Page 2 4. The Open Space /Timber application by Martin was denied because it. did not have enough unique qualities to satisfy the criteria and did not meet the threshold number of 45 Public Benefit Rating Points needed for approval. i 4. 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. , PASSED this 9th day of June , 1992. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON < j Daniel Warner, Chairperson ATTEST: Clerk of the Council APPROVED AS TO FORM: Rdbert A. Carmichael Civil Deputy Prosecuting Attorney