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Home My WebLink Aboutres2016-029WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2016 -245 CLEARANCES Initial Date Date Received in Council O tce Agenda Date Assigned to: Nat. Resources Originator: KB July 28, 2016 � �% ECEI D Aug 9, 2015 Comm/ Council - //v Division Head: lH� 7 —Z°/ v AUG 0 2 2016 WHATCO M /COUNTY U N C I L Dept. Head: -a.Q Prosecutor: JJAO JIL, Purchasing /Budget: Executive �rLj �i O J�p TITLE OF DOC T. Resolution Affirming the PDR Oversight Committee Ranking and Authorizing Whatcom County Purchase of Development Rights Administrator and Whatcom County Executive to Proceed with the Acquisition Process for PDR Applications ATTACHMENTS: Memo and Attachment A, Resolution, Purchase of Development Rights 2016 Applicant Ranking list (Exhibit 1) and (Exhibit 2) SEPA review required? ( ) Yes ( x) NO Should Clerk schedule a hearing? ( ) Yes ( x ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: r SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) i As required by the WCC 3.25A - Purchase of Agricultural Development Rights Ordinance, applications submitted by landowners interested in participating in the PDR program were reviewed for program eligibility and ranked pursuant to the PDR Guidelines Document, Ranking Criteria, by the PDR Oversight Committee. The ranking by the PDR Oversight Committee is now being submitted to Council. County Council needs to review the ranking as submitted by the Oversight Committee and affirm or modify that ranking list and authorize the PDR Administrator and County Executive to proceed with the acquisition process. COMMITTEE ACTION.• COUNCIL ACTION. 8/9/2016: Presented and Forwarded to Council for approval 8/9/2016: Approved 7 -0, Res. 2016 -029 Related County Contract #. Related File Numbers: Ordinance or Resolution Number: Res. 2016 -029 Please Note: Once adopted and signed, ordinances and resolutions are available, for viewing and printing on the County's website at: www.co.whatcom.wa.us /council. PROPOSED BY: _ Planning INTRODUCTION DATE: RESOLUTION # 2016 -029 AFFIRMING THE PDR OVERSIGHT COMMITTEE RANKING AND AUTHORIZING WHATCOM COUNTY PURCHASE OF DEVELOPMENT RIGHTS ADMINISTRATOR AND WHATCOM COUNTY EXECUTIVE TO PROCEED WITH THE ACQUISITION PROCESS FOR 2016 APPLICATIONS WHEREAS, Whatcom County government recognizes agriculture as a major contributor to the local economy and a high quality of life for Whatcom County citizens; and WHEREAS, The Growth Management Act and the County Comprehensive Plan support the retention of agricultural lands of long term commercial significance and encourage the use of innovative techniques to do so; and WHEREAS, Ordinance #92 -002 enacted a property tax levy known as the Conservation Futures Tax as authorized by RCW 84.34.230 to provide a funding source to assist in acquiring "open space land, farm and agricultural land, and timber land, and a significant Conservation Futures fund balance is available for additional farm land protection efforts ;" and WHEREAS, Ordinance #2002 -054 adopted Whatcom County Code Title 32..A that authorized the creation of a Purchase of Development Rights (PDR) program that offers voluntary farm agreements that include the purchase of agricultural conservation easements on farmable land within Whatcom County, and WHEREAS, Ordinance #2002 -054 and WCC 3.25A established a Purchase of Development Rights Oversight Committee to provide review and assistance to the PDR Administrator, and WHEREAS, The Whatcom County Council adopted the PDR Guidelines Document through Resolution #2002 -040 which includes specific direction for program administration and conservation easement acquisitions, and WHEREAS, The Purchase of Development Oversight Committee met on July 22, 2016 to develop a ranking of all applications received to date and forwarded that ranking to Council; and WHEREAS, Council, pursuant to PDR Guidelines Document, must affirm or modify the properties as submitted by the PDR Oversight Committee, and WHEREAS, Council has reviewed the application ranking and background materials at a public meeting, with input by County staff and PDR Oversight Committee members, and WHEREAS, Council has determined the ranking in accordance with their policy priorities and the requirements of Title 3.25A and the PDR Guidelines Document, and C:\ Users \rboxxWppData \Local\Microsoft \Windows \Temporary Intemet Files \Content.Outlook \QCHL9L4L\PDR Ranking Resolution 2016 clean.docx WHEREAS, Council passed resolution 2015 -032 authorizing the PDR Administrator to acquire title and appraisal services for all 2015 applicants, and WHEREAS, The PDR Administrator has acquired appraisal services for all properties listed in this Exhibit 1 NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that: 1. The PDR Oversight Committee and Administrator proceed with the acquisition of conservation six (6) easements in the order of the approved ranking (Exhibit 1) pursuant to the process outlined in the PDR Guidelines Document. 2. The Executive is authorized to enter into Purchase and Sale Agreements (for the six easements listed in Exhibit 1), provided: a. Appraisals are completed and conservation easements are drafted which meet the requirements of the Whatcom County Purchase of Development Rights program, and b. Landowners have agreed to the offer price and conservation easement conditions. 3. The PDR Oversight Committee and Administrator proceed with the acquisition of title search and appraisal services in the order of the approved ranking (Exhibit 2) pursuant to the process outlined in the PDR Guidelines Document. 4. Expenditure of Conservation Futures Funds are authorized to cover expenses associated with purchase of conservation easements, including title search and insurance, appraisal services and Whatcom Land Trust fees. APPROVED this 9th day of August , 2016 ,�rt�yltfltflIff1j'fj ATTES C) 11) r Daaa�-,Brovyn4VN'Is„rou� �l "Clerl� •T ` to \ AP ROVE as to orm: Civil Deputy Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON B r Buchanan, Council Chair C:\Users \rboxx \AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \QCHL9L4L \PDR Ranking Resolution 2016 clean.docx 2016 Applications supported by PDR Oversight Committee Whatcom County Agricultural Purchase of Development Rights Program Exhibit 1 1. Cougar Creek Ranch • Number of Points: 68.60 • Type of Farm: Currently contains pigs, poultry, sheep, corn silage, seed potatoes, and raspberries • Zoning District: AG • Property Size: 157.76 acres • Preliminary Estimate of Potential Development Rights: 3 Cougar Creek Ranch consists of the original homestead purchased by the current land owner /steward's great -great grandfather in 1894. Currently the farm is leased out to several local farm businesses supporting seed potatoes, corn silage, and raspberry production for many years. The current owner /steward is gradually taking over management of the entire farm. He is expanding production of meat poultry, hogs, and sheep, and has an interest in moving into beef production as well. This property is crossed by Wiser Lake Creek(previously Cougar Creek) and provides significant habitat opportunities for anadromous fish. 2. Squalicum Ranch • Number of Points: 57.63 • Type of Farm: Supports beef cattle and dairy goats, with pasture and hay ground • Zoning District: Rural Forestry, R5 • Property Size: 174.46 acres • Preliminary Estimate of Potential Development Rights: 10 Squalicum Ranch has supported beef cattle production for many years and has been in the Foster family for over 50 years. This property protects a significant piece of the shore on Squalicum Lake as well as one of the main tributaries of Squalicum Creek. Property contains 66.5% prime soils and 30% soils of statewide significance. Additionally the property contains a significant forested section that serves to provide wildlife habitat and generate firewood and forestry potential for the property owner. 3. Matheson (Sandra) • Number of Points: 56.44 • Type of Farm: Currently used for grazing and holding beef cattle • Zoning District: AG • Property Size: 17.9 acres • Preliminary Estimate of Potential Development Rights: 3 This property is part of Matheson Farms which grows beef cattle, much of which is sold to Whatcom County consumers. This property was owned and farmed by the applicant's parents as a working dairy farm. It has 100% prime soils and is located near the Guide Meridian with high pressure to convert to non - agricultural uses. There are currently no structures on the property and with hay and pasture it supports healthy cattle year round. Page 1 of 2 4. Williams 2 (Justin) • Number of Points: 53.19 • Type of Farm: Currently in grain production, no house • Zoning District: AG • Property Size (approximate acres): 19.5 • Preliminary Estimate of Potential Development Rights: This farm is located on Tom Road just north of Nooksack in the AG Zone. The property consists of 100% NRCS Prime soils, as well as having all soils on the property identified as APO soils by the County's APO overlay. The entire property is in agricultural production. Currently, the property produces grain. There is neither home nor outbuildings on the property. 5. Servid- Williams (Justin and Leslie) • Number of Points: 52.75 • Type of Farm: Vegetable and grain • Zoning District: AG • Property Size: 14.48 • Preliminary Estimate of Potential Development Rights: 1 This farm is located on Tom Road just north of Nooksack in the AG Zone. The property consists of 100% NRCS Prime soils, as well as having all soils on the property identified as APO soils by the County's APO overlay. The entire property is in agricultural production. Currently, the property produces grain and garlic. There is neither home not outbuildings on the property. This property is located immediately adjacent to the South of the Williams 2 property. 6. Grubbs (Sam and Donna) • Number of Points: 52.10 • Type of Farm: Mixed vegetable and beef cattle • Zoning District: R5 • Property Size: 19.7 • Preliminary Estimate of Potential Development Rights: 3 This farm, named Bellingham Country Gardens is located at the intersection of Kelly and Sand Roads. This property has supported cow -calf operations for many years and now also supports a diversified u- pick vegetable operation run by current owners. Property contains 100% prime soils and is bordered by Anderson Creek which is home to anadromous fish and is currently receiving improvements and restoration on other sections of the creek. One home and agricultural outbuildings currently exist on the property. Page 2 of 2 2016 Applications supported by PDR Oversight Committee Whatcom County Agricultural Purchase of Development Rights Program ' Exhibit 2 1. Brar (Harbinder and Jag) • Number of Points: 70.27 • Type of Farm: Raspberry • Zoning District: R5 • Property Size: 78.1 • Preliminary Estimate of Potential Development Rights: 14 The Brar Brothers farm is located on Sand Road and is a raspberry operation. The property has one house and adjacent agricultural buildings. The property is zoned R5 and has the potential for 14 additional development rights to be removed through an easement. 2. Greenwood (Michael) • Number of Points: 68.07 • Type of Farm: Supports dairy operation with pasture and hay ground • Zoning District: R5 • Property Size: 93.77 • Preliminary Estimate of Potential Development Rights: 16 The Greenwood property is part of a complex of applicants to the PDR Program that are contiguous. The complex consists of Greenwood, Carbee, and Grubbs. Mr. Greenwood recently purchased, the property and leases it out to Mr. Carbee for support of Mr. Carbee's replacement heifer operation. 3. Carbee (Harold and Etta) • Number of Points: 62.59 • Type of Farm: Replacement heifer operation • Zoning District: R5 • Property Size: 73.31 • Preliminary Estimate of Potential Development Rights: 13 This property is located near the corner of Kelly and Sand Roads in the same area as Grubbs and Greenwood. The property is used as a replacement heifer operation for a local dairy. The property is on Anderson Creek and has a large buffer along the creek bank. 4. Sidhu (Hardev and Harpreet) • Number of Points: 47.44 • Type of Farm: Raspberry • Zoning District: R10 • Property Size: 40 • Preliminary Estimate of Potential Development Rights: 4 This farm is located to the East of the City of Lynden. The Sidhu's have approximately half of the property in raspberry production. The remainder of the property has excellent wildlife habitat values as forested wetland. Page 1 of 2