HomeMy WebLinkAboutres2025-024Whatcom County COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225 4038
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Agenda Bill Master Report
File Number: AB2025-533
File ID: AB2025-533 Version: 1 Status: Approved
File Created: 07/14/2025 Entered by: aharris@co.whatcom.wa.us
Department: Planning and File Type: Resolution
Development Services
Department
Assigned to: Council Planning and Development Committee Final Action: 08/06/2025
Agenda Date: 08/06/2025 Enactment #: RES 2025-024
Related Files:
Primary Contact Email: aharris dco.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Resolution approving recommendation on application for open space current use assessment
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
None
HISTORY OF LEGISLATIVE FILE
Date: Acting Body:
Action:
Sent To:
08/06/2025 Council Planning and Development
RECOMMENDED FOR
Committee
APPROVAL
Aye:
2
Elenbaas, and Scanlon
Nay:
0
Absent:
1
Donovan
08/06/2025 Council
APPROVED
Aye:
6
Buchanan, Byrd, Elenbaas, Galloway, Scanlon, and Stremler
Nay:
0
emp Absent:
1
Donovan
Attachments: Staff Memo, Proposed Resolution, Staff Report, Assessor Estimate, Presentation
Whatcom County Page 1 Printed on 81812025
Agenda Bill Master Report Continued (AB2025.533)
Whatcom County Page 2 1 Printed on 81812025
PROPOSED BY:
INTRODUCED:
RESOLUTION NO: 2025-024
APPROVING RECOMMENDATION ON APPLICATION 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 Open Space 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 24, 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:
�. Whatcom County received an application to reclassify land from Open Space
Farm & Agriculture Land (OSAG) to Open Space Land (OSL).
2. Upon receipt of the application, Planning and Development Services
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. PDS 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 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 April 10, 2025.
4. PDS recommended approval of the Open Space Land application (OSP2024-
0006) based on an assigned Public Benefit Rating (PBR) score of more 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. The Planning Commission considered staff findings and recommendations
and voted to 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. OSP2024-00006 — Geri Lewis
Anolication to reclassifv the followina parcels to Ooen Soace Land"
• 4104341743160000
4104341383160000
4104342353230000
"Classification does not apply to any present or future non -qualifying
1.0-acre residential homesite.
Public Benefit Rating: 48.18
Staff recommends approval
Planning Commission recommends approval
2. Adjudication of invalidity of any of the sections, clauses, or provisions of this
2
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
WHATCOM ,C� UNTT ;igOUNCIL
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APPROVED AS TO FORM:
August
2025
WHATCOM COUNTY, WASHINGTON
Approved via email on 07/11/25 by Kellen Kooistra
Senior Deputy Prosecuting Attorney
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