HomeMy WebLinkAboutNatural Resources October 28 20141
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WHATCOM COUNTY COUNCIL
Natural Resources Committee
Joint Granting Authority with the City of Bellingham
October 28, 2014
CALL TO ORDER
Committee Chair Barry Buchanan called the meeting to order at 9:30 a.m. in the
Council Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
(9:36:26 AM)
Present: Carl Weimer, Sam Crawford and Barry Buchanan.
Absent: None.
Bellingham City Council Members Present:
Terry Bornemann, Jack Weiss, Cathy Lehman
JOINT GRANTING AUTHORITY PUBLIC HEARING AND OFFICIAL ACTION
1. RESOLUTION APPROVING WHATCOM COUNTY /CITY OF BELLINGHAM JOINT
GRANTING AUTHORITY RECOMMENDATIONS ON SIX APPLICATIONS FOR
OPEN SPACE CURRENT USE ASSESSMENT ON LANDS LOCATED WITHIN CITY
OF BELLINGHAM AS AUTHORIZED BY THE OPEN SPACE TAXATION ACT,
CHAPTER 84.34 RCW (AB2014 -319)
(Per RCW 84.34.037, this Joint Granting Authority is composed of three members of
the Whatcom County Council and three members of the Bellingham City Council.)
Erin Osborn, Planning and Development Services Department, submitted handouts
and a substitute draft resolution (on file). She described the open space taxation program
and the protocol for a joint meeting. The members of the joint granting authority may want
to elected a chair for today's meeting and to sign the resolution, if approved. If there is an
application to deny, they should make a finding. The reason for denial must be stated so
the applicant can appeal.
Crawford stated the Clark application has been withdrawn and is not a part of this
resolution. He asked if the City administration and legal counsel have any particular
objections. Osborn stated the draft resolution combines County Council recommendations
from 2009 and City of Bellingham Park and Recreation Department draft recommendations
from 2010, for an adapted set of recommendations. The staff recommendation for the
Bridgeview application is approval, but the County Council's 2009 decision was to deny the
application due to a lack of merit relative to the benefit. It would be a good idea to draft an
interlocal agreement or memorandum of understanding so this doesn't happen again.
Weiss stated City staff didn't find out about this meeting until recently. This meeting
was set up at a time when the City Council Planning Committee was supposed to sit in. If
they do this in the future, there should be better coordination between the City and County
staffs.
Natural Resources Committee, 10/28/2014, Page 1
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Weimer stated they just went through the same process with the City of Ferndale.
The two jurisdictions agreed separately. The County sent it over to the City in 2009, and it
just sat there.
Bornemann asked who decided for the City and County to grant resolutions
separately. They've always had a committee. Osborn stated County staff and City Parks
staff decided to do the process separately. There have been concerns with the public
benefit rating system, but no mechanism to resolve them.
Lehman stated City staff told her they need to take action, and they set up this
meeting, but they just got this information at midnight last night. They must make the
process work better.
Weimer nominated Barry Buchanan to act as meeting Chair.
The motion carried by the following vote:
Ayes: Lehman, Bornemann, Weiss, Weimer, Crawford and Buchanan (6)
Nays: None (0)
Buchanan opened the public hearing, and the following people spoke:
Garry Harris, applicant, thanked Erin Osborn and described the connectivity of his
property with the interurban trail and 100 -acre woods. He's happy to get this resolved.
He's had the public on his property for ten years. Approve the resolution.
Kathleen Ing, applicant, thanked Erin Osborn and City staff. She described the
history of her property.
Marcia Leister stated her house is next to the property of Kathie Ing. There is a
wildlife corridor and area for people to walk through. Maintain areas like that in the city.
Sig Lindberg described the natural benefits of the property that Kathie Ing owns.
Roger Iverson stated he lives near the Kathy Ing property. There are at least 81 bird
species that have been seen on the property. The location is very important. The area is
not good for development. Approve the application.
Lloyd Ludtke, Ludtke- Pacific Trucking, described the land in his application.
Hearing no one else, Buchanan closed the public hearing.
Crawford stated these are all city properties. These applications are for tax shifts.
The motion should come from a City Council Member. There is benefit to protecting these
spaces. Almost all provide public access. He will agree with what the City Council Members
want to do, since these are in their jurisdiction.
Weimer stated he agrees with Councilmember Crawford that a motion from a City
Council Member is appropriate. The County Council approved these applications in 2009,
but rescinded those approvals in anticipation of this process. He still approves of the
applications, except for the application the County Council denied in 2009. At some point,
they need to talk about the size of the parcels that are eligible for this program.
Natural Resources Committee, 10/28/2014, Page 2
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Weiss referenced the Ludtke application and stated it's a farm and agricultural
application, but the aerial photo shows it is being used for other things. Osborn stated it is
to be reclassified as open space /open space.
Weiss asked if any part used for an industrial purpose would be separated from the
land used for open space. Osborn stated it would.
Weiss stated this is identified as a critical link between the two potential trail
systems. He asked if there is a possibility of incorporating trail access. Osborn stated the
owner said he is willing to grant a trail easement to the City in the future, should they wish
to enter into that kind of agreement. The granting authority can create a trail requirement
in the agreement. It's up to the owner to sign or reject the agreement.
Ludtke stated he is willing to allow access if the City builds a security fence to protect
his equipment.
Bornemann asked if moving approval of the draft resolution would deny the
Bridgeview application. Osborn stated it would.
Weiss asked which recommendations from Tim Wahl weren't included in the draft
resolution. Osborn stated he wanted a condition that if any property finds in the future that
it has development potential, the property should be removed from the classification.
However, the program is based on a property's current use, not potential use, so she
omitted it from the recommendations. If the County Council updates the public benefit
rating system, it may consider development potential.
Weiss stated the public benefit rating system criteria needs to be changed, to lock in
an agreement that the property not be developed in order to receive the tax deduction.
Osborn stated any changes would include such an agreement.
Weiss moved to approve the resolution. He moved to amend the resolution to
create a condition on the Ludtke application to provide public access along the property,
with the condition that a public barricade be constructed to protect his property interests,
"1. Public Access is ff&t required" and "4. A perpetual conservation easement or public trail
easement fffay shall be granted to the City of Bellingham with
the condition that a barricade be constructed between the remaining part of the Ludtke
property and the easement, by the City of Bellingham." In this situation, the City would be
responsible for building the security fence if the City wants to construct the trail.
The motion to amend carried by the following vote:
Ayes: Lehman, Bornemann, Weiss, Weimer, Crawford and Buchanan (6)
Nays: None (0)
Weimer moved to amend to add a finding regarding the Bridgeview ventures,
stating the Bridgeview application was denied based on the belief that the public benefit
offer is not commensurate with the loss and shift in taxes that would occur.
The motion to amend carried by the following vote:
Ayes: Lehman, Bornemann, Weiss, Weimer, Crawford and Buchanan (6)
Nays: None (0)
Natural Resources Committee, 10/28/2014, Page 3
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The motion to approve the resolution as amended carried by the following vote:
Ayes: Lehman, Bornemann, Weiss, Weimer, Crawford and Buchanan (6)
Nays: None (0)
Gary Harris stated he would like language included in the resolution that protects his
liability, since the public will access his property.
Buchanan stated they've just passed the resolution.
Bornemann stated the County and City staff should create a process to call this body
to order and disseminate information. There was discussion about the process and protocol
that the City and County will use in the future to jointly approve these applications.
Weimer stated it should go before the City first.
Lehman stated that Council Member Weiss can schedule this item before the City of
Bellingham Planning Committee, which would ask Mayor Linville to work on the process.
Tyler Schroeder, Executive's Office, stated he recommends that City Planning
Department staff should report to the County Planning Department staff, and the County
staff can report to the County Council on the City's proposal.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 10:37 a.m.
ATTEST:
Dana Brown - Davis, Council Clerk
Jill Nixon, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Barry Buchanan, Committee Chair
Natural Resources Committee, 10/28/2014, Page 4