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Home My WebLink Aboutres2025-038• Whatcom County COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360)778-5010 Agenda Bill Master Report File Number: AB2025-769 File ID: AB2025-769 Version: 1 Status: Substitute Approved File Created: 10/23/2025 Entered by: LTemplet@co.whatcom.wa.us Department: Planning and File Type: Resolution Development Services Department Assigned to: Council Planning and Development Committee Final Action: 11/05/2025 Agenda Date: 11/05/2025 Enactment #: RES 2025-038 Related Files: Primacy Contact Email: ahaclis�co.whatcom.wa.us TITLE FOR AGENDA ITEM: Resolution approving recommendation on an application for open space current use assessment SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: None HISTORY OF LEGISLATIVE FILE Date: Acting Body: Action: Sent To: 11/05/2025 Council Planning and Development RECOMMENDED FOR Committee APPROVAL Aye: 2 Elenbaas, and Scanlon Nay: 0 Absent: 1 Donovan 11/05/2025 Council SUBSTITUTE APPROVED Aye: 5 Buchanan, Elenbaas, Galloway, Scanlon, and Stremler Nay: 0 emp Absent: 2 Byrd, and Donovan Attachments: Staff Memo, Proposed Resolution, Staff Report, Presentation Whatcom County Page 1 Printed on 111612025 PROPOSED BY: PLANNING AND DEVELOPMENT INTRODUCED: 11/5/2025 RESOLUTION NO: 2025-038 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 9, 2025, 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. Whatcom County received an application to classify land as 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 October 9, 2025. 4. PDS recommended denial of the Open Space Land application (OSP2025- 001) unless public access was allowed and 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 denial of the application unless public access was allowed. 6. The landowner agreed to public access. 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. OSP2025-001 — Collin Stevens III ADplication to classifv the followina parcels to Open Space Land" • 3903123672840000 • 3903122992990000 • 3903122993500000 • 3903123643450000 "Classification does not apply to any present or future non -qualifying 1.0-acre residential homesite. Public Benefit Rating: 66.17 Staff recommends approval 2 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 5th day of WHATCOM COUNTY COUNCIL 0q�,. ATTEST�� . �mm®.1 0�W�� ® ouNTY � Cath y`-'Halka. .I Clerk d the Cob,).k l APPROVED AS TO FORM: November , 2025 WHATCOM COUNTY, WASHINGTON -;�A -(2 Kaylee Galloway Council Chair Approved via email on 10/23/2025 by Greg Greenan Senior Deputy Prosecuting Attorney