HomeMy WebLinkAboutres2015-026WHATCOM COUNTY COUNCIL AGENDA BILL NO.
2015 -233
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
Erin E. Osborn
J/J'`
G0
p
0 �l
E E V E D
Jul y 21, 2015
Introduction
Dept. Head:
August 4, 2015
NR Committee
J. E. "Sam" Ryan
ow v
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JUL 1 4 205
Prosecutor:
_ -
August 4, 2015
Council /Hearing
Royce Buckingham
WHATCOM COUNTY
PurchasinglBudget:
COUNCIL
Executive:
-7 It 3 / ►
i
Jack Louws
TITLE OF DOCU E' T.
A Resolution Approving Recommendations on Applications for Open Space Current Use Assessment
ATTACHMENTS:
Cover Memo, Draft Resolution, Planning Commission Facts & Findings;
Excerpts From Planning Commission June 25, 2015 Work Session Draft Minutes; Staff Report; Maps; Photos;
and other Background Documents.
SEPA review required? ( ) Yes ( X ) No
Should Clerk schedule a hearing? ( X ) Yes () No
SEPA review completed? ( ) Yes N/A
Requested Date: August 4, 2015
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: In accordance with Whatcom County Code,
Section 3.28.020 which establishes procedures for processing applications for open space current use taxation,
PDS staff is forwarding recommendations made by the Whatcom County Planning Commission to the County
Council on whether to approve in whole or in part or deny three applications for open space current use
assessment as authorized under the Open Space Taxation Act (Chapter 84.34 RCW). The land that is the
subject of these applications is located entirely within unincorporated Whatcom County, and pursuant to RCW
84.34.037 the County Council (county legislative authority) is the granting authority on these applications.
A draft resolution has been prepared that reflects recommendations made by the Planning Commission, and this
resolution is attached for review by the County Executive and County Council. PDS staff is proposing to
present a brief overview on the subject applications to Council Natural Resources Committee on August 4,
2015 with a required public hearing to follow, the evening of the same day.
* Distribution Request. Assessors Office — Lauren Smith
COMMITTEE ACTION. •
COUNCIL ACTION.
8/4/2015: Presented and discussed
7/21/2015: Introduced 6 -0, Mann absent
8/4/2015: Amended and approved 6 -0, Mann absent,
Res. 2015 -026
Related County Contract #:
Related File Numbers: OS2015 -1
Ordinance or Resolution
Number: Res. 2015 -026
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing
on the Coun 's website at. www.co.whatcom.wa.us /council.
RESOLUTION NO:
Page 1 of 11
SPONSORED BY: Consent
PROPOSED BY: Planning
INTRODUCTION DATE: July 21, 2015
2015 -026
APPROVING RECOMMENDATIONS ON APPLICATIONS FOR
OPEN SPACE CURRENT USE ASSESSMENT
WHEREAS, The Open Space Taxation Act, codified as Chapter 84.34 RCW,
gives counties authority to approve applications for current use classification and
reclassification for the following classifications: Open Space Land (Farm &
Agricultural Conservation Land), Farm and Agricultural Land, and Timber Land;
and
WHEREAS, Pursuant to Whatcom County Code, Section 3.28.020, in
pertinent part, applications for the classification of Open Space Land and its sub-
classification Farm & Agricultural Conservation Land are received and evaluated
by Whatcom County Planning and Development Services Department staff, and
the results of this evaluation are then presented to the Whatcom County
Planning Commission for their review and consideration in making
recommendations to the County Council on whether to approve the applications
in whole or in part or deny such applications; and
WHEREAS, Pursuant to RCW 84.34.055 and WAC 458 -30 -330 Whatcom
County has adopted "Open Space Policies and Criteria and Public Benefit Rating
System" (PBRS) by Ordinance No. 1995 -040, which is used by staff to rate
applications for Open Space Land and its sub - classification, Farm & Agricultural
Conservation Land; and
WHEREAS, Applications for Open Space Land and Farm & Agricultural
Conservation Land are evaluated with the PBRS and assigned a Public Benefit
Rating (PBR) that corresponds with a staff recommendation of approval or denial,
and must receive a score of 45 or above for a staff recommendation of approval;
and
WHEREAS, In accordance with the Whatcom County PBRS, public access
is a condition of approval for Open Space Land applications, except that this
requirement may be waived by the Council in certain circumstances, such as
when the purpose of the classification is for the conservation of wetlands; or
when there is a documented occurrence of: State or Federal Threatened
Endangered Species, Federal Proposed Endangered or Threatened Species, State
Sensitive or Monitor Species; or when there is a known or potentially significant
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archaeological site; and
WHEREAS, Whatcom County terminated its Open Space Timber Land
Program under Whatcom County Ordinance 2014 -055, merging it with its
Designated Forest Land program administered by the County Assessor under
Chapter 84.33 RCW; and
WHEREAS, On June 25, 2015, the Whatcom County Planning Commission
held a work session and considered staff recommendations, asked clarifying
questions from applicants or their agents who were present on applications
referenced in Master File Number OS2015 -1, and after deliberations on each
application voted unanimously that the Whatcom County Council should approve
each of the three applications subject to specific conditions;. and
WHEREAS, Pursuant to RCW 84.34.037, applications to classify or
reclassify lands that are located entirely within unincorporated Whatcom County
are approved or disapproved by the County Council acting as the granting
authority; and
WHEREAS, Pursuant to RCW 84.34.037, applications which are in an area
subject to a comprehensive plan shall be acted upon in the same manner in
which an amendment to the comprehensive plan is processed, which includes
review by the Whatcom County Planning Commission, and prior to approval by
the County Council acting as granting authority, a public hearing must be held;
and
WHEREAS, the Whatcom County Council held a public hearing on the
subject applications; and
WHEREAS, Pursuant to WAC 197- 11- 800(6)(c), matters relating to Open
Space Current Use Assessment are categorically exempt from environmental
review under the State Environmental Policy Act (SEPA); and
WHEREAS, Pursuant to RCW 36.70.390, the statutory requirements
regarding legal notice for public hearings have been met; and
WHEREAS, The County Council has adopted the following Findings of Fact
and Reasons for Action:
1. In 2014, Whatcom County Planning and Development Services received
three applications to classify land as "Open Space Land" under the open
space current use program as authorized by the Open Space Taxation Act,
Chapter 84.34 RCW on lands located within the jurisdiction of Whatcom
County. These applications were processed in one group under Master File
Number OS2015 -1.
2. The three applications referenced in Master File No. OS2015 -1 are for the
classification of Open Space Land (OSL). Upon receipt of these
applications, Planning and Development Services staff contacted applicants
to further discuss details of each proposal, and following site visits to each
location evaluated the applications with the 1995 Whatcom County Open
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Space Policy and Criteria and Public Benefit Rating System (PBRS).
3. Staff prepared a report for the Whatcom County Planning Commission with
recommendations on whether to approve in whole or in part or to deny
these applications based on review with the applicable evaluation criteria
and scores assigned. This report was presented to the Whatcom County
Planning Commission and to members of the public who were present at
the Whatcom County Planning Commission meeting work session held on
June 25, 2015. This report was also sent to individual applicants prior to
the meeting in both hard copy and by email, and it was also posted to the
Planning Commission webpage on the Whatcom County website.
4. At the June 25, 2015 Planning Commission Work Session, staff gave a
brief introductory overview presentation on the Open Space Current Use
Program, its statutory and local authority, a brief overview on history of
the Open Space Taxation Act, and outlined the respective roles of Planning
Commission, County Council, County Assessor's Office, and PDS staff in
reviewing and approving these type of applications. Staff explained that
although the Open Space Taxation Act authorizes three different open
space classifications: 1) "Open Space Land (including its sub - classification,
"Farm and Agricultural Conservation Land "); 2) "Farm and Agricultural
Land "; and 3) "Timber Land ", PDS no longer receives and processes
applications for "Timber Land" because of legislative action taken by the
Whatcom County Council in October 2014 which terminated that program,
merging it with the Designated Forest Land program administered by the
County Assessor's Office (WC Ordinance 2014 -055).
5. As part of this overview presentation, staff noted that decisions made to
approve or deny applications authorized under the Open Space Taxation
are reviewable (by Superior Court) only for "arbitrary & capricious
actions ".
6. Staff also noted that based on earlier Planning Commission suggestions,
and pursuant to 2013 direction from the County Council and County
Executive, a preliminary draft report was prepared by staff to summarize
the PDS Open Space Current Use Program, analyze various issues in
program administration, and recommend a number of key areas for
program improvement, and that this report (dated December 6, 2013) was
submitted to PDS management and the County Executive. Staff indicated
that although there are no immediate plans to initiate an update to the
PBRS, PDS staff has proposed a new policy in Chapter 2, Land Use of the
Whatcom County Comprehensive Plan that encourages consideration of a
future update to the PBRS, and that this proposed new policy is currently
under review as part of the 2016 - 8 Year Periodic Review and Update of
the Whatcom County Comprehensive Plan.
7. Pursuant to the PBRS, a primary role of the Planning Commission is to
consider the "tax shift" when making its recommendations to the County
Council as to whether an application should be approved or disapproved.
Staff gave a very brief overview of the "tax shift ", and explained how
when land is approved for classification as Open Space Land it is assessed
for tax purposes on the basis of its "current use" and because this "current
use" value is generally lower than fair market value, the assessed value of
the particular property approved for classification is reduced, and this also
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reduces the overall assessed value of real property in a certain geographic
area, thereby affecting those taxing districts with authority to levy taxes in
that area. If aggregate assessed property values in a certain area
decrease, levy rates generally increase, and this ensures that the budgets
of those districts with taxing authority in the particular geographic area,
are met. The increase in each particular taxing districts' levy rate' will
have an effect on all property owners who are subject to the same taxing
district levy as that of the application being approved.
8. Upon conclusion of staff overview on the Whatcom County PDS Open
Space Current Use Program, staff presented each individual application
referenced in Master File OS2015 -1, pausing to answer questions from
commissioners. Commissioners deliberated on each application following
staff's presentation, and then voted on recommendations. Although not a
public hearing because the County Council will hold a public hearing on
these applications, Commissioners opened up the meeting for public
comment, and considered these comments during their deliberations.
9. Staff recommended approval on the first application for Open Space Land
(Balolia) [OSP2015- 00001] consisting of 48.04 acres on three different
parcels. It was noted that because one of the parcels contained a
residence (although abandoned), acres eligible for classification as open
space land would be limited to the land only, and therefore one acre upon
which the abandoned residence is situated was removed from application
review bringing the total acres under review for the Open Space Land
classification to 47.04 acres. Staff recommendation of approval on this
application was based on an assigned Public Benefit Rating (PBR) score of
45 points or higher which, pursuant to Whatcom County Open Space
Policies and Criteria and Public Benefit Rating System (PBRS) is consistent
with a staff recommendation of approval.
10. Staff noted that the land in the Balolia application is located in the Lake
Whatcom Watershed, which is a Whatcom County Transfer of Development
Rights (TDR) "sending area ". During this discussion Commissioners noted
a typographical error on the PBRS rating sheet and staff clarified that as
noted in the staff report, the site is subject to a Comprehensive Plan
designation of Rural with Rural zoning establishing maximum density at
one dwelling unit per five acres. Staff also noted that the applicant had
pre- certified transfer of development rights on a number of contiguous
parcels including one of the subject parcels, pursuant to WCC 20.89 -
Density Transfer Procedure. Staff explained that although certified to
authorize such a transfer, no density had yet been transferred to a
"Receiving Area" (which includes all County URMX zones except Bennett
Drive).
11. Staff also noted that Washington State Department of Fish and Wildlife
(WDFW) Priority Habitat and Species were identified on the site, along with
riparian habitat associated with a fish bearing stream with a known
distribution of Resident Coastal Cutthroat Trout, and that a State
Candidate Species is also documented as present (Northern Goshawk)
according to WDFW mapping. Staff provided Commissioners with a
WDFW 2015 hand -out with additional information about status of
Washington State and Federal species. Members of the public asked how
staff arrives at determinations as to whether or not such species are
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present on any particular site. Staff indicated that in addition to other
resources, staff relies on WDFW studies and maps, including WDFW
Priority Habitat and Species (PHS) program information and maps. Staff
noted that the applicants were proposing that classification of the land as
"open space land" would enhance preservation of shorelines, preserve
mature conifers and deciduous species, protect native species, and protect
soils and water quality in the Lake Whatcom Watershed. Staff also noted
that the one of the parcels in the application is subject to a split
Rural /Conservancy Shoreline designation under the Whatcom County
Shoreline Management Program on Lake Whatcom. Commissioners asked
whether the three parcels of the Balolia application could be evaluated
separately. Staff indicated that the three parcels were part of one
application, and that staff opinion was that had they been rated
separately, that the overall public benefit rating would be the same.
12.. After evaluating the application with the PBRS, staff assigned it a public
benefit rating (PBR) of 65.6. Staff indicated that if the application were to
be approved, the difference between its assessed fair market' value
compared to its valuation on the basis of its 'current use' would result in
an estimated tax shift of approximately $11,834.00 per year (on the basis
of 2014 fair market value per acre).
13. The Balolia application included a request that the County Council waive
the PBRS public access requirement. Staff noted that the Balolia
application would normally have received a higher public benefit rating if
the applicant had proposed a "certain degree of public access ", but even
without public access proposed, the application received a PBR rating
(65.6) that is consistent with a staff recommendation of approval.
14. Staff generally supported the applicants request that the PBRS
requirement for public access be waived by the County Council because:
the site contains Washington State Department of Fish and Wildlife Priority
Habitat and Species (Resident Cutthroat Trout); and a State Candidate
species (Northern Goshawk) has been documented on the site; and
because of the sites' proximity to a State and Federal Threatened Species
(Marbled Murrelet) located on the adjacent shore of Lake Whatcom. In
addition, pursuant to the Washington State Open Space Taxation Act, the
County Council as Granting Authority has authority to approve
applications subject to special conditions, and the County's PBRS specifies
that the County Council may waive the PBRS requirement of public access
under certain circumstances, including the presence of a documented
occurrence of a State or Federal Endangered, Threatened or Sensitive
Species, or when the purpose of classification is to preserve wetlands or
historical or cultural sites; and because on occasions in the past the
County Council has exercised its discretion broadly when making decisions
to waive public access requirements, especially when (as in this case) an
owner /applicant does not reside on the premises or maintain an onsite
presence, and when site conditions are such that the public may be
exposed to public health and safety risks; and because in this case the site
contains an abandoned residence in a state of disrepair, and finally,
because the site is located adjacent to an outdoor recreational camping
facility for youth (Camp Firwood), which might generate unauthorized or
unmonitored exploration' of the site by youth, thereby increasing risk of
potential danger to the public, and /or liability to the property owner.
Page 6 of 11
15. After some discussion amongst Commissioners exploring various
viewpoints, and after considering additional input from staff and the
public, Planning Commissioners concluded that the benefits of public
access to the site would likely outweigh potential risks to public health and
safety, provided that public access to sensitive or priority wildlife habitat is
reviewed by a Wildlife Biologist. Commissioners voted unanimous I to
recommend that the County Council approve the entire Balolia application
for Open Space Land as described in the staff report and He No.
OSP2015 -00001 (subject to a correction in the evaluation sheet, as noted
in above Finding No. 10) and as a condition of approval requiring public
access, provided that public access to sensitive or priority habitat be
reyiewe_b a Wildlife Biologist.
16. Staff recommended approval on the second application for Open Space
Land (Purviance) [OSP2015- 00002] consisting of 5.59 acres of a 6.59 acre
parcel located within the urban growth area reserved for City of
Bellingham's future growth. This recommendation of approval was based
on an assigned Public Benefit Rating (PBR) score of 45 points or higher
which, pursuant to Whatcom County Open Space Policies and Criteria and
Public Benefit Rating System (PBRS) is consistent with a staff
recommendation of approval.
17. Staff noted that with the exception of driveway, residence and garden
area, that the Purviance land is almost completely vegetated with mature
conifers and deciduous species, and native understory, providing habitat to
a number of terrestrial mammals, amphibians, birds. The towering canopy
shelters wildlife and regulates temperatures in a seasonal stream, and
offers visually pleasing scenery to travelers on Aldrich Road. The site is
also used for an offsite stormwater facility that serves adjacent
commercial development, utilizing the seasonal stream bed for overflow
and drainage.
18. Proposed public access to the Purviance property was discussed verbally
during a site visit, and later confirmed with a public access statement and
proposed rules of public conduct submitted in writing by the applicant.
Public access proposed by the applicant is to make the site available to
individuals or small groups for the purpose of scientific study or
educational opportunities by appointment. Per the applicant there is
proposed off - street parking that will accommodate up to four cars, and an
open space sign could be posted as shown on the maps on file under
OSP2015 -00002 near the property entrance at 4431 Aldrich Road.
19. After evaluating the application with the PBRS, staff assigned it a public
benefit rating (PBR) of 68.8. Staff explained that if the application were
to be approved, the difference between its assessed fair market' value
compared to its valuation on the basis of its `current use' would result in
an estimated tax shift of approximately $1,512.00 per year (on the basis
of 2014 fair market value per acre).
20. Commissioners discussed how approving applications for the classification
of open space land might impact the affordability of housing in that such
approval would shift taxes to land upon which such affordable housing
might be located. Staff noted that pursuant to the Open Space Taxation
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Act applications for open space land are required to be reviewed in a
similar manner as a county's comprehensive land use plan, and that
"Housing" is one element of the Whatcom County Comprehensive Plan.
However, through their discussion, Commissioners recognized that the
existing PBRS does not contain specific criteria for considering whether or
not such approvals might impact housing affordability, and therefore such
consideration would not be a criterion upon which to base a
recommendation at this time.
21. Commissioners also discussed future trail routes (in the preliminary design
and planning stage) to be located between Aldrich Road and the Cordata
area, but concluded that this particular site might not be an appropriate
linkage to support that particular trail corridor as envisioned. Planning
Commissioners generally concluded that the public benefit of classifying
this land would be in the public interest relative to the tax shift in that it
would serve to provide public access to and further protect priority
Palustrine habitat. Commissioners voted unanimously to recommend that
the County Council approve the Purviance application subject to the
conditions recommended in the staff report and as described in Pile No.
OSP2015- 00002.
22. Staff recommended approval on the third application for Open Space Land
(Bar Rental LLC) [OSP2015- 00003] consisting of 4.54 + /- acres within the
urban growth area reserved for City of Bellingham future growth. This
recommendation of approval was based on an assigned Public Benefit
Rating (PBR) score of 45 points or higher, which pursuant to Whatcom
County Open Space Policies and Criteria and Public Benefit Rating System
(PBRS) is consistent with a staff recommendation of approval.
21 Staff noted that the proposal was to classify 4.54 + /- acres of a 7.89 acre
parcel that is completely vegetated with a mixed deciduous forest, native
understory and delineated wetlands that provides wildlife habitat and
serves as a buffer between areas of human habitation and built
environment. The site is contiguous to an existing commercial parking lot
that serves neighboring Bellingham International Airport customers.
24. Proposed public access to the Bar Rental LLC property was discussed
verbally during a site visit, and later confirmed with a public access
statement and proposed rules of public conduct submitted in writing by the
applicant's Agent. The proposal is that the applicant would make the site
available to individuals or small groups by appointment for the purpose of
scientific study or educational opportunities by appointment. In addition
the applicant proposed to construct an unpaved loop trail around the
delineated wetlands subject to approval under Whatcom County Critical
Areas Ordinance (WCC 16.16). The applicant proposes to make
opportunities available to youth or scouting groups to develop and
maintain the proposed trail, and also proposes to be available to offer
information about the offsite wetland mitigation banking process that was
successfully utilized in developing the commercial parking lot area on the
larger parcel. Per the applicant there is dedicated off - street parking to
accommodate up to two cars, and additional off - street parking would be
made available by special arrangement. The required Open Space Sign
was proposed to be installed adjacent to the proposed trail head accessed
from the interior of the commercial parking area as shown on the maps on
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file under OSP2015- 00002.
25. After evaluating the application with the PBRS, staff assigned it a public
benefit rating (PBR) of 71.38. Staff noted that if the application were to
be approved, the difference between its assessed fair market' value
compared to its valuation on the basis of its current use' would result in
an estimated tax shift of approximately $3,419.00 per year (on the basis
of 2014 fair market value per acre).
26. Commissioners generally concluded that the public benefit of classifying
the Bar Rental LLC land would be in the public interest relative to the tax
shift in that public access to the site would provide a public benefit.
Commissioners voted unanimously to recommend that the County Council
approve the Bar Rental LLC application subject to the conditions
recommended in the staff report and as described in File No. OSP2015-
00003.
27. On July 6, 2015, Planning & Development Services staff prepared a report
on behalf of the Planning Commission containing Facts, Findings, and
Reasons for Action on all applications referenced under OS2015 -1, and this
report was reviewed for accuracy and signed by the Planning Commission
Chair and Planning Commissioner, Secretary.
28. On July 6, 2015, Planning & Development Services prepared an Agenda
Bill, Draft Resolution and attachments including all relevant information on
file in regards to the subject applications referenced under OS2015 -1, and
forwarded this to the Whatcom County Council. The agenda bill requested
that the draft resolution be scheduled for introduction at the regularly
scheduled Council Meeting to be held on July 21 2015, and also included a
request for a public hearing to be scheduled on August 4, 2015.
29. On July 21, 2015, the Whatcom County Council voted to introduce a draft
resolution prepared for Council action on applications referenced in File No.
OS2015 -1 for a future Council meeting and public hearing date.
30. A public hearing was scheduled to take place before the County Council on
applications referenced in File No. OS2015 -1 at the Council's regularly
scheduled evening meeting held on August 4, 2015. Notice of this public
hearing was published in the Bellingham Herald prior to the hearing. In
addition, Applicants were sent a letter by US Mail stating that on August 4,
2015 a public hearing would be held on their individual applications.
31. On the morning of August 4, 2015 Whatcom County Council Natural
Resources Committee and other Council members present considered
recommendations from PDS staff, and recommendations from the Planning
Commission forwarded by staff on all applications referenced under File
No. OS2015 -1. At the conclusion of Council discussion on the Balolia
application, PDS staff was asked to prepare revised ratings for
consideration by the full Council at the scheduled evening public hearing,
and that these revised ratings should reflect Planning Commission
recommendations requiring public access, with the proviso recommended
by the Planning Commission that public access to sensitive or priority
wildlife habitat be reviewed by a Wildlife Biologist, and that in the absence
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of a proposed public access statement by the applicant, that such public
access should be appointment.
Staff noted that revising the Public Benefit Rating (PBR) on the Balolia
application would affect (increase) the estimated tax shift, and that the
new PBR and new tax shift could be addressed in an amendment to the
original resolution, previously introduced on July 21, 2015.
32. On the evening of August 4, 2015, the Whatcom County Council held a
public hearing on all applications referenced under File No. OS2015 -1, and
after considering all relevant information, and after considering input from
the public, voted on recommendations as to whether to approve in whole
or in part or deny the subject applications:
NOW, THEREFORE, BE IT RESOLVED BY THE WHATCOM COUNTY
COUNCIL:
1. Recommendations on applications for open space current use assessment
referenced in Master File Number OS2015 -1 listed below are hereby
approved subject to conditions and applicable scores as noted herein:
Oaen Space Land ( OSL)
OSP2015 -00001 — Neila & Shiraz Balolia
New application to classify property as Open Space Land 47.04 OSL acres)
1728 Lake Whatcom Boulevard
Parcel A: GEO ID: 370408 382169 0000: 19.48 Open Space Land application
acres (19.48 total parcel acres)
Parcel B: GEO ID: 370408 387072 0000: 21.2 Open Space Land application
acres (21.2 total parcel acres)
Parcel C: GEO ID: 370409 011163 0000: 6.36 Open Space Land application
acres (7.36 total parcel acres)
PBR 82.25
ESTIMATED SHIFT IN TAXES IF APPROVED: $14,836.00
Approval: subject to the following conditions:
1. Public Access Required: Public Access by Appointment in accordance
with 1995 Whatcom County Open Space Policies and Criteria and Public
Benefit Rating System; Provided, that public access to sensitive or
priority wildlife habitat be reviewed by a Wildlife Biologist
2. Posted Open Space Sign near the property entrance at 1728 Lake
Whatcom Boulevard, visible to road users, and additional signage
proposed by the applicant as described in File No. OSP2015 -00001
posted on the shoreline,
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3. All uses of the land must be compatible with the purposes of the Open
Space Land classification as approved and as described in File No.
OSP2015 -00001
4. Hold Harmless Agreement
OSP2015 -00002 — Sara L. Purviance
New application to classify property as Open Space Land 5.59 OSL Acres
4431 Aldrich Road
GEO ID: 380211 527492 0000: 5.59 Open Space Land application acres (6.59
total parcel acres)
PBR 68.8
ESTIMATED SHIFT IN TAXES IF APPROVED: $1,512,00
Approval, subject to the following attached special conditions:
1. Public Access Required: To individuals or small groups by appointment
in accordance with the owners Public Access Statement referenced File
No. OSP2015 -00002
2. Posted Open Space Sign near the property entrance at 4431 Aldrich
Road, visible to road users
3. Public Access Statement with Proposed Rules of Conduct
4. All uses of the land must be compatible with the purposes of the Open
Space Land classification as approved and as described in File No.
OSP2015 -00002
5. Hold Harmless Agreement
OSP2015 -00003 — Bar Rental LLC
New application to classify property as Open Space Land
3909 Bennett Drive
GEO ID: 380214 193464 0000: 4.54 +/- Open Space Land application acres;
(7.89 total parcel acres)
PBR 71.38
ESTIMATED SHIFT IN TAXES IF APPROVED: $3,419.00
Approval, subject to the following attached special conditions:
1. Public Access Required: To individuals or small groups by appointment
in accordance with the owners Public Access Statement referenced File
No. OSP2015 -00003
2. Posted Open Space Sign at 3909 Bennett Drive adjacent to the
proposed trail head accessed from the interior of the commercial
parking area as shown on the maps on file under OSP2015 -00003
3. Public Access Statement with Proposed Rules of Conduct
Page 11 of 11
4. All uses of the land must be compatible with the purposes of the Open
Space Land classification as approved and as described in File No.
OSP2015 -00003
5. Hold Harmless Agreement
2. The Whatcom County Council directs the Assessor to place the above referenced
parcels into the appropriate open space current use classification.
3. 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.
APPROVED this 4th day of
WHATCOM COUNTY COUNCIL
�r
ATTEST' •'A +'' '•
• !
C3
Dana Brown -D�%SN •.•
Clerk of the Co'drlt
APPROVED AS TO FORM:
Civil `Ddputy Prosecutor
August
__12015
WHATCOM COUNTY, WASHINGTON
Carl Weimer
Council Chair