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Home My WebLink Aboutres2017-061WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017 -336 CLEARANCES Initial I---,Date Date Received in Council O face A enda Date Assigned to: Originator: I ( ?�(�- � E C E V E D 11/21/17 lat Res / Council Division Head: 1,1A Dept. Head: . '7 -'17 NOV 13 2017 Prosecutor: ,ft1J�-f I - �- 17 WHATCOM COUNTY Purchasing1fludg�et. COUNCIL Executive: TITLE OF DOC�XIENT. Approving recommendations on 2016 applications for Open Space Current Use Assessment ATTACHMENTS: Memo, Staff report including 2016 Open Space Application Vicinity Map, Individual Application Evaluation Forms and Maps, "atcom County Open Space Policies and Criteria and Public Benefit Rating System, 2014 Department of Revenue Open Space Taxation Act Publication, Resolution SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO I Requested Date: 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.) Please find the attached 2016 Open Space Applications and supporting documentation. Three applications to Open Space Land and one application to Open Space Farm and Agriculture Conservation Land. COMMITTEE ACTION.• COUNCIL ACTION.• 11/21/2017: Forwarded to Council for approval 11/21/2017: Approved 7 -0, Resolution 2017 -061 Related County Contract #: Related File Numbers: Ordinance or Resolution Number., Res. 2017 -061 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.uslcouncil, Page 1 of 5 Planning PROPOSED BY: INTRODUCTION DATE: 11121/2017 RESOLUTION NO: 2017 -061 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: Farm and Agricultural Land, Open Space Land, Farm & Agricultural Conservation Land, and Timber Land; and WHEREAS, Pursuant to Whatcom County Code, Section 3.28.020, applications for the classification of Open Space Land and 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; and WHEREAS, Pursuant to RCW 84.34.055 and WAC 458 -30 -330 Whatcom County has adopted a Public Benefit Rating System (PBRS) by Ordinance # 95 -040, which is used by staff to rate applications for Open Space Land and Open Space Farm & Agricultural Conservation Land; and WHEREAS, Applications for Open Space Land and Open Space Farm & Agricultural Conservation Land are evaluated with the Public Benefit Rating System 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 Open Space Policies and Public Benefit Rating System, public access is a condition of approval for Open Space Land applications, except that this requirement may be waived by the Council 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 archaeological site; and Page 2 of 5 WHEREAS, On October 26, 2017 the Whatcom County Planning Commission held a public hearing and considered staff recommendations and considered all input from the public on applications; and WHEREAS, Pursuant to WAC 197- 11- 800(6)(c), matters relating to Open Space Current Use Assessment are determined not to be major actions and thus 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 have been met; and WHEREAS, The County Council has adopted the following Findings of Fact and Reasons for Action: In 2016, Whatcom County Planning and Development Services received four applications to classify or reclassify land under the open space current use program (Chapter 84.34. RCW) on lands located within the jurisdiction of Whatcom County. 2. Of these four applications: three are for Open Space Land (OSL), and one application is for the classification of Open Space Farm and Agricultural Conservation Land (OSFAC). Upon receipt of these applications, Planning and Development Services staff evaluated the open space land application with the Public Benefit Rating System (PBRS), and also for conformance with Subsection 84.34.041 of the Open Space Taxation Act (RCW 84.34). Staff prepared a report for the 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 public hearing held on October 26, 2017. Staff presented each of the four individual applications, followed by a public comment period. 4. Staff recommended approval on the three applications for Open Space Land and the one application for Open Space Farm and Agricultural Conservation Land. Staff recommendation of approval on these applications was based on an assigned Public Benefit Rating (PBR) score of 45 points or higher which is consistent with a staff recommendation of approval pursuant to Whatcom County Open Space Policies and Criteria and Public Benefit Rating System. 5. Whatcom County Planning Commissioners considered staff findings and recommendations as well as public comments received during the public hearing on the three Open Space Land applications and one Open Space Farm and Conservation Land application and voted to recommend approval on all 4 applications. Page 3 of 5 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 OS2013 -1 listed below are hereby approved subject to conditions and applicable scores as noted herein: A. Open Space Land (OSL) 1. OSP2016 -00001 - Lummi Island Heritage Trust Application to Reclassify: Designated Forestland to Open Space Land Parcel A: GEO ID: 370124 065212 0000 Parcel B: GEO ID: 370124 175195 0000 Parcel C: GEO ID: 370124 191084 0000 Parcel acres = 113.57; OSL acres = 113.57: Public Benefit Rating 130 ESTIMATED SHIFT IN TAXES IF APPROVED: $75.69 Staff recommended approval subject to the following conditions: 1. Public Access in accordance with the Public Access Statement referenced File No. OSP2016 -00001 2. Posted Open Space Sign near the property entrance at the end of Beach Avenue, visible to persons entering the site. 3. Public Access Statement & Proposed Rules of Conduct as noted in the file record 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. OSP2016 -00001 5. Hold Harmless Agreement 2. OSP2016 -00002 - William T & Ruth M Geyer & Joshua V S McConnell GEO ID: 380310 390311 0000 Parcel acres = 5.0; OSL acres = 4.0: Public Benefit Rating 53.04 ESTIMATED SHIFT IN TAXES IF APPROVED: $332.46 Staff recommended approval subject to the following conditions: 1. Public Access to individuals or small groups by appointment in accordance with the owners Public Access Statement referenced File No. OSP2016- 00002. 2. Posted Open Space Sign near the property entrance at 1563 Mt Baker Highway 3. Public Access Statement with Proposed Rules of Conduct Page 4 of 5 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. OSP2016 -00002 5. Hold Harmless Agreement 3. OSP2016 -00003 — Michael 3 & Kathleen M Craig GEO ID: 405124 455387 0000 Parcel acres = 8.48; OSL acres = 8.48: Public Benefit Rating: 90.78 ESTIMATED SHIFT IN TAXES IF APPROVED: - $1.704.58 Staff recommended approval subject to the following conditions: 1. Public Access in accordance with the Public Access Statement referenced File No. OSP2016 -00003 2. Posted Open Space Sign near the property entrance on Harborview Road 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. OSP2016 -00003 S. Hold Harmless Agreement B. Open Space Farm and Conservation Land (OSFAC) 1. OSP2016 -00004 — Ed Lofquist Application to reclassify Open Space Farm and Agriculture to Open Space Farm and Agriculture Conservation Land GEO ID: 390416 461085 0000 Parcel acres = 9.95; OSL acres= 9.95: Public Benefit Rating 73.92 ESTIMATED SHIFT IN TAXES IF APPROVED: $630.06 Staff recommended approval subject to the following conditions: 1. Public Access to individuals or small groups by appointment in accordance with the owners Public Access Statement referenced File No. OSP2016 -00004 2. Posted Open Space Sign near the property entrance on Siper Lane 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 Farm and Agricultural Conservation Land classification as approved and as described in File No. OSP2016- 00004 Page 5 of 5 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 21st day of WHATCOM COUNTY COUNCIL ,,��ttttln +l!!�,• �'rfr ATTEST:•. ' Al 4 T �5 Dana EWovors-, X ` Clerk of the °C64cif �!!lllllllit111'�` APPROVED AS TO FORM: Civil D6pLity Prosecutor November 2017 WHATCOM COUNTY, WASHINGTON B ry uchanan Cou I Chair