HomeMy WebLinkAboutres2023-053• Whatcom County COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
Agenda Bill Report
File Number: AB2023-750
File ID: AB2023-750 Version: 1 Status: Approved
File Created: 11/07/2023 Entered by: pdrewry@co.whatcom.wa.us
Department: Planning and File Type: Resolution
Development Services
Department
Assigned to: Council Planning and Development Committee Final Action: 12/05/2023
Agenda Date: 12/05/2023 Enactment #: RES 2023-053
Related Files:
Primary Contact Email: pdrewry@whatcomcounty.us
TITLE FOR AGENDA ITEM:
Resolution approving recommendations on applications for open space current use assessment
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
Resolution classifying a property as open space land under Whatcom County's property tax exemption
programs.
HISTORY OF LEGISLATIVE FILE
Date: Acting Body: Action: Sent To:
12/05/2023 Council Planning and Development RECOMMENDED FOR
Committee APPROVAL
Aye: 3 Byrd, Elenbaas, and Galloway
Nay: 0
12/05/2023 Council APPROVED
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Attachments: Memo, Staff Report 2022, Proposed Resolution, Presentation for 12.05,2023
Whatcom County Page 1 Printed on 121612023
SPONSORED BY:
PROPOSED BY:
INTRODUCTION DATE:
RESOLUTION NO: 2023-053
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
WHEREAS, On October 12, 2023, the Whatcom County Planning Commission
held a public hearing and considered staff recommendations and 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 2022, Whatcom County received nine 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 the nine applications, one application was for reclassification from
Designated Forest Land to Open Space Land (OSL), and eight applications
were for classification 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
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 applications based
on a review of 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 12, 2023.
4. Staff recommended approval of one Open Space Land application based on
an assigned Public Benefit Rating (PBR) score of greater than 45 points, a
score that must be attained 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 of one application.
NOW, THEREFORE, BE IT RESOLVED BY THE WHATCOM COUNTY
COUNCIL:
1. The below listed application for open space current use assessment is hereby
approved:
1. OSP2022-00003 — Patricia Otto
Application to reclassify property from Designated Forest Land to Open
Space Land
3695 Agate Bay Lane, Bellingham
GEOID: 380313590033;380313443033;380418028041;380313465165;
380324458504; —99 Open Space Land application acres
(N100 total parcel acres)
Public Benefit Rating: 54.92
Staff recommends approval
Planning Commission recommends approval
2
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 5th day of December
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Dana Brow n=4Davi�5-
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Clerk of the Cou`�ila
APPROVED AS TO FORM:
/s/Karen Frakes approved via phone on 12/l/2023/MR
Karen Frakes
Civil Deputy Prosecutor
2023
WHATCOM COUNTY, WASHINGTON