HomeMy WebLinkAboutres2024-022• Whatcom County COUNTY COURTHOUSE
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Agenda Bill Report
File Number: AB2024-286
File ID: AB2024-286 Version: 1 Status: Approved
File Created: 04/23/2024 Entered by: DBrown@co.whatcom.wa.us
Department: Council Office File Type: Resolution
Assigned to: Council
Agenda Date: 04/23/2024
Related Files:
Primary Contact Email: DBrown@co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Final Action: 04/23/2024
Enactment #: RES 2024-022
Resolution approving recommendations on applications for open space current use assessment
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
See resolution.
HISTORY OF LEGISLATIVE FILE
Date: Acting Body:
Action:
Sent To:
04/23/2024 Council APPROVED
Aye: 4 Donovan, Elenbaas, Galloway, and Scanlon
Nay: 1 Stremler
Absent: 1 Buchanan
Abstain: 1 Byrd
Attachments: Proposed Resolution
Whatcom County Page 1 Printed on 412512024
RESOLUTION NO:
PROPOSED BY:
INTRODUCTION DATE:
2024-022
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 March 28, 2024, 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:
In 2023, Whatcom County received one application to reclassify land under the open
space current use program (Chapter 84.34. RCW) on lands located within the
jurisdiction of Whatcom County.
The one application was for reclassification from Open Space Farm and Agricultural
Land to Open Space Land (OSL), in the subclassification Open Space Farm and
Agricultural Conservation Land. Upon receipt of the application, Planning and
Development Services evaluated the open space land application with the Public
Benefit Rating System (PBRS) and for conformance with the Open Space Taxation
Act (RCW 84.34).
3. PDS 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
March 28, 2024.
4. PDS did not recommended approval of one Open Space Land application based on
an assigned Public Benefit Rating (PBR) score of less 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 not recommend approval of 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 — Chester and Sachiko Haynes
Application to reclassify property to Open Space Land
XXX Valley View Rd, Custer, WA 98240
GEO ID: 4001232313300000
Public Benefit Rating: 41.40
Staff does not recommend approval
Planning Commission does not recommend 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.
APPRJ6 EE�:tQ 4 "3 _day of
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livHti0.rT,.:�Q�1 CO
t i44VI COUNCIL
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Dana Br6a =Dav}
Clerk of the Council
APPROVED AS TO FORM: --
George Roche
Civil Deputy Prosecutor
April
2024
WHATCOM COUNTY, WASHINGTON
2