HomeMy WebLinkAboutres1990-086tiATCOM COUNTY COUNCIL AGENDA BILL NO. 90 -438
CLEARANCES: Initial Date Date Received in Council Office A ends Date Assigned To
originator- sus M �5 (� (� D 12111/90 Council- P &D
U U
Division Head- DWT
Department Head- 0 :l 19Q0
Prosecutor Review
Purchasing/Budget Dir.- WHATCOM COUNTY
Executive- COUNCIL
SUBJECT: FILE NO: 05:1990 D -H A RESOLUTION ADOPTING RECOMMENDATIONS FOR 1990 D -H OPEN
SPACE/TIMBER AND OPEN SPACE /OPEN SPACE APPLICATIONS
ATTACHMENTS: Agency Report with attached Staff Reports
Draft Resolution
Exerpts from Draft Minutes
Public Hearing Needed? Yes /—/ No /XX/
SUMMARY STATEMENT: The Planning Department received five Open Space /Timber
applications from Hill, Davis, Isenhart (2), and Erholm. The Open Space/Timber applications
by Hill, Erholm and Isenhart (1990 -G) were withdrawn at the owner's request. On October 16,
1990, the Planning Commission recommended approval of Open Space/Timber application by Davis.
After staff recommended denial for both applications by Isenhart, the Planning Commission
decided to continue the Public Hearing to November 20, 1990 and directed staff to work with
Isenhart to see if his Open Space scores could improve. Subsequently, Isenhart withdrew one
application (1990 -G) from consideration. The November 20, 1990 hearing was continued to
November 27, 1990 and the Planning Commission concurred with the Planning Department's
revised recommendation for approval of the Open Space /Timber application (1990 -F) from
Isenhart based upon three conditions being met: 1) posting of two Open Space signs (one at
the driveway entrance on Lindsay Road and one at the boundary of the property), each bearing
a map showing the exact boundaries of the parcel; 2) removal of the No Trespassing signs
lining the driveway entrance into the parcel; and 3) the cooperative agreement between
Isenhart and the Soil Conservation Service must be signed in order for the Timber Management
Plan to be valid.
RECOMMENDED ACTION: The Staff recommends the Council uphold the Planning Commission
recommendations and approve the Open Space /Timber applications from Davis (1990 -E) and
Isenhart (1990 -F) for Open Space tax status.
COMMITTEE ACTION (including dates):
COUNCIL ACTION (including dates):
12- 11 -90: Council approved 7 -0
Related File Numbers: Ordinance or Resolution Number: oRD90 -86
Fiie: #OS:1990 D -H INTRODUCED BY: Consent
PROPOSED BY: PLANNING _
DATE: 12/11/90
RESOLUTION NO. 90 -86
A RESOLUTION ADOPTING RECOMMENDATIONS FOR 1990 D -H 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, Open Space/Timber applications from Hill (1990 -D) and Engholm (1990 -H) were withdrawn
at the request of the owners; and
WHEREAS, an Open Space/Timber application from Isenhart (1990 -G) was evaluated for Open
Space /Open Space since more than 20% of the parcel was devoid of timber; 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 Saturday,
October 6, 1990, and a copy of said notice was sent in a timely manner to all applicants; and
WHEREAS, on October 16, 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 summarized in the Staff Report
dated October 11, 1990; and
WHEREAS, the Planning Commission concurred with the Planning Department's recommendation for
approval of Open Space/Timber applications by Davis (1990 -E); and
WHEREAS, after staff recommended denial for both applications by Ken Isenhart, the Planning Commission
decided to continue the Public Hearing to November 20, 1990 and directed staff to work with Mr. Isenhart to see
if his Open Space scores could improve; and
WHEREAS, Ken Isenhart withdrew his Open Space /Open Space application (1990 -G) from Open Space
consideration; and
WHEREAS, on November 20, 1990, the Planning Commission continued the Public Hearing to November
27, 1990; and
WHEREAS, the Planning Commission continued the Public Hearing on November 27, 1990 and concurred
with the Planning Department's revised recommendation for approval of the Open Space/Timber application (1990 -
F).
WHEREAS, the Planning Commission forwarded its recommendations to Council; and
WHEREAS, Council held a public meeting on January 8, 1991 to consider the Planning Commission's
recommendations.
File Ref# OS:1990 D -H
NOW THEREFORE BE IT RESOLVED BY THE WHATCOM COUNTY COUNCIL:
Open Space/Timber applications by Davis (1990 -E) and Isenhart (1990 -F) 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 category.
4. Approval of the Isenhart (1990 -F) application is based upon three conditions: 1) posting two signs (one
at the driveway entrance on Lindsey Road and one at the boundary of the property), each bearing a map
showing the exact boundaries of the parcel; 2) removal of the No Trespassing signs lining the driveway
entrance into the parcel; and 3) the cooperative agreement between Mr. Isenhart and the Soil Conservation
Service must be signed in order for his Timber Management Plan to be valid.
5. Open Space/Timber applications from Hill (1990 -D) and Erholm (1990 -H), and an Open Space /Open
Space application from Isenhart (1990 -G) were withdrawn at the request of the owners.
6. 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 iii-r, day of December , 1990.
WHATCOM CO NTY COUNCIL
WHATCOM CWY1 WASHINGTON
Dal d j0. 0ansey, Qoi rperson
ATTEST:
Clerk of the Council
APPN1E.G4S TO FORM:
Robert A. Carmichael
Civil Deputy Prosecuting Attorney