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Home My WebLink Aboutres2020-040GoM c�G ti �A`rHlN��p� File ID: AB2020-397 File Created: 09/17/2020 Department: Planning and Development Services Department Whatcom County Agenda Bill Master Report File Number: AB2020-397 COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360)778-5010 Version: 1 Status: Approved Entered by: JFleisch@co.whatcom.wa.us File Type: Resolution Assigned to: Council Planning and Development Committee Final Action: 09/29/2020 Agenda Date: 09/29/2020 Enactment #: RES 2020-040 Primary Contact Email: jfleisch@co.whatcom.wa.us TITLE FOR AGENDA ITEM: Resolution approving recommendation on one application for Open Space Current Use Assessment SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: Presentation and review of one (1) application to the Open Space Land program reeived by Planning and Development Services in 2018. The application was evaluated by staff and presented to the Planning Commission for review and a public hearing on September 10, 2020. The Planning Commission unanimously recommended denial of the application. HISTORY OF LEGISLATIVE FILE Date: Acting Body: Action: 09/29/2020 Council Planning and Development RECOMMENDED FOR Committee APPROVAL Aye: 2 Browne, and Elenbaas Nay: 0 Absent: 1 Byrd Sent To: 09/29/2020 Council APPROVED Aye: 7 Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner Nay: 0 Absent: 0 Whatcom County Page 1 Printed on 101112020 Agenda Bill Master Report Continued (AB2020-397) Attachments: Staff Memo, Proposed Resolution, Staff Report to Planning Commission, Application Evaluation Form and Maps Whatcom County Page 2 Printed on 101112020 Page 1 of 3 SPONSORED BY: PROPOSED BY: Planning Dept INTRODUCTION DATE: RESOLUTION NO: 2020-040 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 3 WHEREAS, On September 10, 2020 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 approved the following Findings of Fact and Reasons for Action: 1. In 2018, Whatcom County Planning and Development Services received two applications to 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 two applications: one application is for reclassification to Open Space Land (OSL), and one application was for reclassification to Open Space Farm and Agricultural Conservation Land (OSFAC). Upon receipt of the applications, Planning and Development Services staff evaluated the open space land applications 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). 3. Staff prepared a report for the Planning Commission with a recommendation on whether to approve in whole or in part or to deny the application 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 September 10, 2020. 4. Staff did not recommend approval of the Open Space Land applications based on an assigned Public Benefit Rating (PBR) score of less than 45 points which must be attained in order for 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 and voted to recommend denial on both applications. 6. Subsequent to the September 10, 2020 Planning Commission Meeting, the application for reclassification to Open Space Farm and Agricultural Page 3 of 3 Conservation Land (OSFAC) was withdrawn. NOW, THEREFORE, BE IT RESOLVED BY THE WHATCOM COUNTY COUNCIL: 1. The recommendation on the application for open space current use assessment listed below is hereby approved: OSP2018-00001 — Tony & Shanda Kelstrup - 6610 Vista Dr, Ferndale Application to reclassify property from Open Space Farm and Agriculture to Open Space Land (4.67+/- OSL acres) GEO ID: 390207166150: 4.67 Open Space Land application acres (5.67 total parcel acres) Public Benefit Rating: 34.05 Estimated change in taxes paid by the applicant if approved: +$739.91. Staff does not recommended approval. 2. 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 29th day of WHATCOM \�OUNFWii�OUNCIL ®� ATTE ��:�O W " 8 1.. C O�� V A 0 1. F'J Dan�;�Brow�n=�Qgy��,��' Clerk '�,f. the Cb'u41a'l APPROVED AS TO FORM: Approved via email by Chris Quinn / lb Civil Deputy Prosecutor tember 2020 WHATCOM COUNTY, WASHINGTON B rr Buchanan Co ncil Chair