HomeMy WebLinkAboutres2025-038 (2)Whatcom County
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
A
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:
Primary Contact Email: aharTis@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 & DEVELOPMENT SERVICES
INTRODUCED: NOVEMBER 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
1
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 staff conducted a site visit and evaluated the subject property, which
yielded a PBRS score of 50.87. The landowner requested a waiver of public
access. Whatcom County Open Space Policies and Criteria and Public
Benefit Rating System dictates that scores over 45 receive a staff
recommendation for approval, and therefore, PDS recommends approval
of this Open Space application.
4. PDS prepared a report for the Planning Commission with a
recommendation to approve 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.
5. The Planning Commission considered staff findings and recommendations
and unanimously voted to recommend denial of the Open Space Land
application (OSP2025-001) unless public access was allowed.
6. The landowner has agreed to limited public access as outlined in a
Supplemental Memorandum to Stevens Open Space Application. The Public
Benefit Rating System was updated to reflect the public access allowances
would yield a score of 66.17.
NOW, THEREFORE, BE IT RESOLVED BY THE WHATCOM COUNTY
COUNCIL:
1. The below listed application for open space current use assessment is hereby
approved subject to the conditions listed below:
1. OSP2025-001 — Collin Stevens III
Application to classifv the following 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
2
Staff recommends approval
2. Approval is conditioned upon limited public access being granted to the
property. Upon approval, public access rules will be developed that specify
which qualified organizations may lead tours on the property with proper
notice to the landowner.
3. 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
ATTEST:
% 6 4mu-
Clerk of the Cou
�p '91-11yA 3
O v�
APPROVED AS TO FORM:
November
2025
WHATCOM COUNTY, WASHINGTON
K yle Galloway
Council Chair
Approved via email on 10/23/2025 by Greg Greenan
Senior Deputy Prosecuting Attorney