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HomeMy WebLinkAboutres2019-026Whatcom County COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA98225-4038 (360) 778-5010 Agenda Bill Master Report File Number: AB2019-296 File ID: AB2019-296 Version: 1 Status: Approved as Amended File Created: 05/10/2019 Department: Planning and Development Services Department Entered by: CElder@co.whatcom.wa.us File Type: Resolution First Assigned to: Council Natural Resources Committee Agenda Date: 05/21/2019 Next Mtg. Date: Hearing Date: Primary Contact Email: celder@co.whatcom.wa.us TITLE FOR AGENDA ITEM: 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 of a forestry conservation easement on the Seed Orchard application SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: PDR Program update, please see attached staff memo for full summary HISTORY OF LEGISLATIVE FILE Date: Acting Body: Action: Sent To: 05/21/2019 Council Natural Resources Committee RECOMMENDED FOR APPROVAL 05/21/2019 Council APPROVED AS AMENDED Attachments: Staff Memo, Proposed Resolution, PDR Ranked List -May 2019, Presentation for 5-21-2019 Final Action: 05/21/2019 Enactment Date: 05/21/2019 Enactment #: RES 2019-026 Whatcom County Page 1 Printed on 512212019 SPONSORED BY: PROPOSED BY: Planning INTRODUCTION DATE: RESOLUTION # 2019-026 AFFIRMING THE PDR OVERSIGHT COMMITTEE RANKING AND AUTHORIZING WHATCOM COUNTY PURCHASE OF DEVELOPMENT RIGHTS ADMINISTRATOR AND WHATCOM COUNTY EXECUTIVE TO PROCEED WITH THE ACQUISITION OF A FORESTRY CONSERVATION EASEMENT ON THE SEED ORCHARD APPLICATION WHEREAS, Whatcom County government recognizes agriculture and forestry as major contributors 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 and forestry 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 3.25A 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, Ordinance #2018-065 amended Whatcom County Code Title 3.25A to direct the PDR Program to also offer voluntary agreements to purchase forestry and ecological conservations easements on working forestlands and important ecosystem areas within Whatcom County. 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 WHEREAS, The Department of Natural Resources has approved matching funds to support acquisition of the Seed Orchard parcels in coordination with the purchase of development rights easement enactment. WHEREAS, The Purchase of Development Oversight Rights Committee met on April 26, 2019 to develop a ranking of all applications received to date and forwarded that ranking to Council; and WHEREAS, The Purchase of Development Rights Oversight Committee considered the ranked list of all current applications and recommended at their April 26, 2019 meeting that County Council authorize the PDR Program Administrator and County Executive proceed with the title search and appraisal of the value of development rights on the Seed Orchard application and proceed with the acquisition of a forestry conservation easement on the Seed Orchard application. NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that: 1. The PDR Oversight Committee and Administrator proceed with the acquisition of title search and appraisal services of the Bishop, VanderVeen, Newell, TeVelde, Seed Orchard, Rethlefsen, and Kiera-Duffy applications pursuant to the process outlined in the PDR Guidelines Document. 2. The PDR Oversight Committee and Administrator proceed with the acquisition of one (1) conservation easement on the Seed Orchard application pursuant to the process outlined in the PDR Guidelines Document. The Executive is authorized to enter into a Purchase and Sale Agreement for the Seed Orchard property, 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, and c. Budget authority has been adopted by the Whatcom County Council. 4. Expenditures of Conservation Futures Funds, within budget authority, are authorized to cover expenses apsobiditd Ayy th purchase of conservation easement, including title search and insur�a pfa0pr @ roices, easement monitoring and enforcement fees. APPRO� t i�� ,day of May , 2019 TNTry M; �w WHATCQMC 14ASHIN( COUNCIL r AI'TES� WHATC ks Dana )3gwn-Davis, Council.ler Rud B owne, Chairperson APPROVED as`to brin Civil Deputy Prose uto c I V(014 1M