HomeMy WebLinkAboutres2021-004Whatcom County COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
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Agenda Bill Master Report
File Number: AB2021-029
File ID: AB2021-029 Version: 1 Status: Approved
File Created: 01/05/2021 Entered by: RSnijder@co.whatcom.wa.us
Department: Planning and File Type: Resolution
Development Services
Department
Assigned to: Council Natural Resources Committee Final Action: 01/26/2021
Agenda Date: 01/26/2021 Enactment#: RES 2021-004
Primary Contact Email: rsnijder@co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Resolution affirming the PDR Oversight Committee ranking and authorizing Whatcom County Purchase
and Development Rights Program Administrator and Whatcom County Executive to proceed with the
acquisition of conservation easements on the Lakeland Foundation, Jones -Bishop, Martin,
VanderWerff, Kiera-Duffy Forestry, and Kiera-Duffy Ecological applications
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:
01/26/2021 Council Natural Resources Committee RECOMMENDED FOR
APPROVAL
Aye: 2 Donovan, and Buchanan
Nay: 0
Absent: 0
Abstain: 1 Elenbaas
01/26/2021 Council APPROVED
Aye: 5 Browne, Buchanan, Frazey, Kershner, and Donovan
Nay: 1 Byrd
Absent: 0
Whatcom County Page 1 Printed on 112712021
Agenda Bill Master Report Continued (AB2021-029)
Abstain: 1 Elenbaas
Attachments: Staff Memo, Proposed Resolution, Applicant List, PDR Program Presentation (1/26/2021)
Whatcom County Page 2 Printed on 112712021
PROPOSED BY: Planning
INTRODUCTION DATE:
RESOLUTION # 2021-004
AFFIRMING THE PDR OVERSIGHT COMMITTEE RANKING AND AUTHORIZING
WHATCOM COUNTY PURCHASE OF DEVELOPMENT RIGHTS PROGRAM
ADMINISTRATOR AND WHATCOM COUNTY EXECUTIVE TO PROCEED WITH
THE ACQUISITION OF CONSERVATION EASEMENTS ON THE LAKELAND
FOUNDATION, JONES-BISHOP, MARTIN, VANDERWERFF, KIERA-DUFFY
FORESTRY, AND KIERA-DUFFY ECOLOGICAL APPLICATIONS
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 Program Administrator;
and
WHEREAS, The Whatcom County Council adopted the PDR Guidelines Document through
Resolution 42002-040 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; 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
WHEREAS, The Washington State Recreation and Conservation Office has approved matching
funds to support acquisition of the agricultural and forestry conservation easements on the Jones -
Bishop and Kiera-Duffy Forestry projects; and
WHEREAS, The Ag Mitigation Fee established to mitigate for impacts to agricultural lands
provides matching funds to support acquisition of the agricultural conservation easements on the
Martin and VanderWerff projects; and
WHEREAS, The United States Department of Agriculture will review applications for the
request for matching funds to support acquisition of the agricultural conservation easements on
the Lakeland Foundation and Jones -Bishop projects; and
WHEREAS, The Kiera-Duffy Ecological project has agreed to a 50% bargain sale; and
WHEREAS, The Purchase of Development Oversight Rights Committee met on December 4,
2020 to develop a ranking of active applications received to date and forward that ranking to
Council; and
WHEREAS, The Purchase of Development Rights Oversight Committee considered the ranked
list of active applications and recommended at their December 4, 2020 meeting that County
Council authorize the PDR Program Administrator and County Executive to proceed with the
acquisition of conservation easements on the Lakeland Foundation, Jones -Bishop, Martin,
VanderWerff, Kiera-Duffy Forestry, and Kiera-Duffy Ecological applications.
NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that:
1. The PDR Oversight Committee and Administrator proceed with the acquisition of six (6)
conservation easements on the Lakeland Foundation, Jones -Bishop, Martin, VanderWerff,
Kiera-Duffy Forestry, and Kiera-Duffy Ecological applications pursuant to the process
outlined in the PDR Guidelines Document.
The Executive is authorized to enter into a Purchase and Sale Agreement for the Lakeland
Foundation, Jones -Bishop, Martin, VanderWerff, Kiera-Duffy Forestry, and Kiera-Duffy
Ecological properties, 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.
3. Expenditures of Conservation Futures Funds, within budget authority, are authorized to cover
expenses associated with purchase of conservation easement, including title search and
insurance, appraisal services, easement monitoring and enforcement fees.
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APPR.'6VEjD'4% � J'+,APW, day of January 12021
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Dana Bogy `- avis, council Clerk
APPROVED as, to: form:
Civil Deputy Prosecutor
WHATCOM COUNTY COUNCIL
�WHATCOM TY, ASHINGTON
Birnf Buchanan, Council Chair