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HomeMy WebLinkAboutres1992-067,HATCOM COUNTY COUNCIL _GENDA BILL NO. AB 92413 CLEARANCES Initial Date iv in un '1 Office: A ends date Assigned to: originator: Planning/Watts 10/14/92 OCT 2 0 1992 WHATCOM COUNTY COUNCIL 0/27/92 Council /Intro Division Head: 11/10/92 P&D /Council Dept. Head: Prosecutor: Purchasing/Budget: Executive: SUBJECT. • FILE NO: OS: 1992 -G -O A RESOLUTION ADOPTING .RECOMMENDATIONS OS 1992 G -Q OPEN SPACE /TIMBER AND OPEN SPACE /OPEN SPACE APPLICATIONS ATTACHMENTS: Agency Report with attached Staff Report Excerpts from Draft Planning Commission Minutes, September 16, 1992 Draft Resolution SUMMARY STATEMENT. • Please complete sections of box as appropriate & explain the item below. Related County contract 11: Should Clerk schedule a hearing? NO /X/ YES / / Requested date: Amount budgeted for this item/ project: $ Is it or will it be within budget? YES / / NO / / lease explain below Budget line item number(s): , The Planning Department received eight Open Space /Timber applications: Harman (1992 -I), Moore (1992 -n, Miller (1992 -L), Knutzen (1992 -M), Hathaway (1992 -N), Abbott (1992 -0), Stone (1992 -P), and Wilson (1992 -Q); and three Open Space /Open Space applications: Penny -Brown (1992 -G), Peterson (1992 -H), and Christensen 1992 - K). On September 16, 1992, the Planning Commission recommended approval of the Moore, Miller, Knutzen, Hathaway, Penny- Brown, and Christensen applications and denial of the Harman and Peterson applications as recommended by staff. They also recommended that the applications from Abbott, Stone, and Wilson be considered for approval if all submitted a Timber Management Plan prior to forwarding to Council given that the three parcels are contiguous. Since no Timber Management Plans were submitted, the recommendation from the Planning Commission was for denial of the Abbott, Stone, and Wilson applications as recommended by staff. ORIGINATOR'S RECOMMENDED ACTION. The Director of Land Use and Economic Planning recommends that the Council uphold the Planning commission recommendations and approve the Open Space /Timber applications for Moore (1992 -n, Miller (1992 -L), Knutzen (1992 -M), and Hathaway (1992 -N), and the Open Space/Open Space applications for Penny -Brown (1992 -H) and Christensen (1992 -K). The Director further recommends that the Council uphold the Planning Commission recommendation denying the Open Space /Timber applications by Harman (1992 -I), Abbott (1192 -0), Stone (1992 -P), and Wilson (1992 -Q), and the Open Space /Open Space application by Peterson (1992 -H). COMMITTEE ACTION TAKEN. COUNCIL ACTION TAKEN. 10/27/92: Introduced 11/10/92: Council approved 7 -0 Related ,Hle Numbers: Ordinance or Resolution Number (this item only): R92 -67 OS 10/14/92 SPONSORED BY: Planning PROPOSED BY: Planning INTRODUCTION DATE: 10/27/92 1 A Resolution Adopting Recommendations for 1992 G -Q 2 Open Spacel7TMber and Open Space /Open Space Applications 3 4 RESOLUTION NO. 92 -067 5 WHEREAS, The Planning Commission received from the County Council (12) new 6 applications for Open Space land tax assessment for review and recommendation pursuant to 7 RCW` 84.34; and 8 WHEREAS, pursuant to WAC Section 197- 11- 800(6)(c), matters to relating to Open 9 Space taxation are determined not to be major actions and are exempt from the threshold 10 determination and environmental impact statement requirements of the State Environmental 11 Policy Act; and 12 WHEREAS, pursuant to RCW 36.70.390 legal notice was published in the Bellingham 13 Herald on Thursday, September 3, 1992 and a copy of said notice was sent in a timely manner 14 to all applicants; and 15 WHEREAS, on September 16, 1992, the Planning Commission opened the public hearing 16 on the applications and received testimony from the Planning Department staff regarding the 17 proposed Open Space /Timber and Open Space /Open Space parcels; and 18 WHEREAS, evaluations are based upon the Public Benefit Rating System; and 19 WHEREAS, the Planning Commission concurred with the Planning Department's 20 recommendations for: approval of Open Space/timber applications by Moore (1992 -J), Miller 21 (1992 -L), Knutzen (1992 -M), and Hathaway (1992 -N), and the Open Space /Open Space 22 applications by Penny -Brown (1992 -G) and Christensen (1992 -K); and denial of the Open 23 Space /Timber applications by Harman (1992 -I) and the Open Space/Open Space application by 24 Peterson (1992 -H); and 25 WHEREAS, the Planning Commission suggested that the staff recommendation for the 26 denial of the Open Space/Timber applications by Abbott (1992 -0), Stone (1992 -P), and Wilson 27 (1992 -Q), be reconsidered for approval if the applicants submitted Timber Management Plans 28 prior to forwarding to the County Council, . given that the parcels were contiguous; and 29 WHEREAS, Abbott, Stone, and Wilson did not submit Timber Management Plans and Page 1 I their applications for Open Space/Timber are recommended for denial as originally suggested 2 by the Planning Commission; and 3 WHEREAS, the Planning Commission forwarded its recommendations to Council; and 4 WHEREAS, Council held a public meeting on October 27, 1992 to consider the Planning 5 Commission's recommendations. 6 NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council: 7 1. Open space/Timber applications by Moore, Miller, Knutzen, and Hathaway, and the 8 Open Space /Open Space applications by Penny -Brown and .Christensen are hereby 9 approved for Open Space tax status. 10 2. Conditions of approval require from the owner a Public Access Policy statement, the 11 posting of an Open space sign, and the signing of the Hold Harmless agreement in 12 accordance with the revised Whatcom County Open Space Policy and Criteria and Public 13 Benefit Rating System, Council Resolution No. 89 -39. 14 3. The Council directs the Assessor to place these parcels in the Open Space /Timber and 15 Open Space/Open Space tax status categories. 16 4. Adjudication of invalidity of any of the sections, clauses or provisions of this resolution 17 shall not affect or impair the validity of this Resolution as a whole or any part thereof 18 other than the part so declared to be invalid. 19 APPROVED this 10th day of November 1992. 20 ATTEST: 21 - ,. . 9� 22 Ramona Reeves, Council Clerk 23 APPROVED as to form & content: 24 h4d_.- J� 25 Civil Deputy Pros. Atty. Daniel M. Warner, Chairman Page 2