HomeMy WebLinkAboutres1990-039WHATCOM COUNTY COUNCIL AGENDA BILL
NO. 90 -162
HOHWED
►,, nY o - 1990
WHATCOM COUNTY
COUNCIL
Council
SUBJECT: FILE NO: OS:1989 I -J. 1990 A -C- A RESOLUTION ADOPTING RECOMMENDATIONS FOR 1989
I -J AND 1990 A -C OPEN SPACE/TIMBER AND OPEN SPACE /OPEN SPACE APPLICATIONS
ATTACHMENTS: Agency Report with attached Staff Report
Draft Ordinance
Public Hearing Needed? Yes / / No / /
SUMMARY STATEMENT: The Planning Department received five Open Space /Timber applications
from Rainey, Webb, Luke, Crutcher and Watts Family Partnership and one Open Space /Open Space
application from Ber /Vander Houwen. The Open Space /Timber application by Luke was withdrawn
at the owners request.
RECOMMENDED ACTION: On April 17, 1990, the Planning Commission recommended approval of Open
Space /Timber applications by Crutcher and Watts Family Partnership and denial of Open
Space /Timber applications by Rainey and Webb. An Open Space /Open Space application by
Ber /Vander Houwen was approved with additional points given to the final score. Approval
of the Ber /Vander Houwen application is also contingent upon posting two signs, one at the
entrance to the parcel and another at the property's boundary.
COMMITTEE ACTION (including dates):
Planning Commission April 17, 1990
COUNCIL ACTION (including dates):
5 -8 -90 Passed
Related File Numbers: AB90-29, 28, 27, Ordinance or Resolution Number: R 90 -39
and 1989 Upen Space files
File: #OS:1989 I -J, 1990 A -C INTRODUCED BY: Con sent
PROPOSED BY: PLANNING
DATE: 5 -8 -90
RESOLUTION NO. 90-39
A RESOLUTION ADOPTING RECOMMENDATIONS FOR 1989 I -J AND 1990 A -C OPEN SPACE /TIMBER
AND OPEN SPACE /OPEN SPACE APPLICATIONS
WHEREAS, the Planning commission received from the County Council six (6) new
applications for open space land tax assessment for review and recommendations
pursuant to RCW 84.34; and
WHEREAS, an Open Space /Timber application from Ray Luke was withdrawn at the
request of the owner; and
WHEREAS, the Open Space /Timber application from David Webb was modified by staff
since the application included two separate parcels, one of which fell below the five
acre minimum needed for Open Space /Timber consideration. Therefore, only the ten acre
parcel was evaluated; 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 and Council directive, legal notice was
published in the Westside Record - Journal and the Lynden Tribune on Wednesday, April
4, 1990 and in the Bellingham Herald on Saturday, April 7, 1990, and a copy of said
notice was sent in a timely manner to all applicants; and
WHEREAS, on April 17, 1990, the Planning Commission opened the public hearing
on the applications and received testimony from the Planning Department staff and
property owners 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 Crutcher and Watts
Family Partnership, denial of Open Space /Timber applications by Rainey and Webb, and
.approval of the Open Space /Open Space application by Ber /Vander Houwen with
additional points given to the final score; and
WHEREAS, the Planning Commission forwarded its recommendations to Council; and
WHEREAS, Council held a public meeting on May 8, 1990 to consider the Planning
Commission's recommendations.
File Ref# OS:1989 I -J, 199' ' -C
NOW THEREFORE BE IT RESOLVED BY THE WHATCOM COUNTY COUNCIL:
1. Open Space /Timber applications by Crutcher and Watts Family Partnership and an
Open Space /Open Space application by Ber /Vander Houwen 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.
4. The Public Benefit Rating for the Open Space /Open Space application by Ber /Vander
Houwen.was increased to a 57 by the Planning Commission to give credit to the
conservation principles being applied to the property by the owner. Approval
of the Ber /Vander Houwen application is contingent upon posting of a second sign
at the point of access to the property.
5. Open Space /Timber applications by Rainey and Webb were denied because they did
not have enough unique qualities to satisfy the criteria and do not meet the
threshold number of 45 Public Benefit Rating Points needed for approval.
6. An Open Space /Timber application by Luke was withdrawn in November at the request
of the owner.
7. 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 par thereof other than the part so declared to be invalid.
PASSED this 8th day of May 1990.
WHATCOM COUNT COUNCIL
WHATCOM COU SMINGTON
nal d G. LKahAey, `Chai rpe )fson
ATTEST:
c V
Clerk of the Council
APPROVED AS TO FORM:
Robert A. Carmichael
Civil Deputy Prosecuting Attorney