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Home My WebLink Aboutres2022-053• Whatcom County COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 -y Bellingham, WA 98225-4038 (360) 778-5010 • Agenda Bill Master Report File Number: AB2022-627 Fife ID: AB2022-627 Version: 1 Status: Approved File Created: 10/27/2022 Entered by: JFleisch@co.whatcom.wa.us Department: Planning and File Type: Resolution Development Services Department Assigned to: Council Planning and Development Committee Final Action: 12/06/2022 Agenda Date: 12/06/2022 Enactment #: RES 2022-053 Primary Contact Email: jfleisch@co.whatcom.wa.us TITLE FOR AGENDA ITEM: Resolution approving recommendations on three applications for open space current use assessment SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: Presentation and review of three (3) applications to the Open Space Land program received by Planning and Development Services in 2021. The applications were evaluated by staff and presented to the Planning Commission for review and a public hearing on October 27, 2022. The Planning Comission recommended approval of all three applications. HISTORY OF LEGISLATIVE FILE Date: Acting Body: Action: Sent To: 12/06/2022 Council Planning and Development RECOMMENDED FOR Committee APPROVAL Aye: 3 Donovan, Elenbaas, and Galloway Nay: 0 Absent: 0 12/06/2022 Council APPROVED Aye: 6 Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Galloway Nay: 0 Absent: 1 Kershner Whatcom County Page 1 Printed on 121712022 Agenda Bill Master Report Continued (AB2022-627) Attachments: Proposed Resolution, Staff Memo, Staff Report, Application Evaluation Forms and Maps Whatcom County Page 2 Printed on 121712022 Page 1 of 4 SPONSORED BY: PROPOSED BY: Planning INTRODUCTION DATE: RESOLUTION NO: 2022-053 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 4 WHEREAS, On October 27, 2022 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: In 2021, Whatcom County received seven 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. Prior to the Planning Commission Public Hearing, four applications were subsequently withdrawn by the applicants. Of the remaining three applications: two applications were for reclassification to Open Space Farm and Agricultural Conservation Land (OSFAC), and one application was for reclassification to Open Space Land (OSL). 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 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 October 27, 2022. 4. Staff recommended approval of three Open Space Land applications based on an assigned Public Benefit Rating (PBR) score of greater 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 approval on three applications. NOW, THEREFORE, BE IT RESOLVED BY THE WHATCOM COUNTY COUNCIL: Page 3 of 4 1. The Planning Commission recommendations on the applications for open space current use assessment listed below are hereby approved: OSP2021-00002 — Leslie Grace & Jeremiah Schwartz — 1092 E Laurel Rd, Bellingham Application to reclassify property from Open Space Farm and Agriculture to Open Space Farm and Agricultural Conservation Land GEO ID: 390321252335; —8.85 Open Space Land application acres (-9.85 total parcel acres) Public Benefit Rating: 50.74 Staff recommends approval Planning Commission recommends approval OSP2021-00003 — Whatcom Land Trust — Skookum Creek Watershed, South Fork Valley Application to classify property as Open Space Land GEO ID: 370619505496;—1018.57 Open Space Land application acres (-1018.57 total parcel acres) Public Benefit Rating: 46.93 Staff recommends approval Planning Commission recommends approval OSP2021-00004 - Intalco — Multiple properties along Unick Rd, Douglas Rd, Mountain View Rd and Lake Terrel Rd, Ferndale, WA Application to reclassify property from Open Space Farm and Agriculture to Open Space Farm and Agricultural Conservation Land GEOID: 390121300061; 390121331202; 390121368057; 390121464064; 390128047195; 390128051070; 390128109194; 390128113071; 390128176199; 390128178069; 390128226481; 390128235343; 390128245204; 390128248066;390128307481; 390128309330; 390128311065; 390128311201; 390128372483; 390128374063; 390128375336; 390128378200; 390128472510; 390128477374; 390128478308; 390128481439;390128486044; 390128486224; —615 Open Space Land application acres (-615 total Page 4 of 4 parcel acres) Public Benefit Rating: 68.65 Staff recommends approval Planning Commission recommends 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 6th day of December WHATCOI� qQUNTY COUNCIL ATTOTT% ,,• • e er�,,(Ji�j'',, ye Vk 1A A / • ('� m O COUNTY _ o e e n n Dana Brown'p�vit Clerk of the Council APPROVED AS TO FORM: 2022 WHATCOM COUNTY, WASHINGTON Todd Donovan Council Chair Approved by email /s/ Royce Buckingham/M Rouse Civil Deputy Prosecutor