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STATE OF WASHINGTON
COUNTY OF JEFFERSON
In the Matter of Rescinding Certain )
Comprehensive Plan Amendments in )
Compliance with the Final Decision )
And Order of the W estern Washington )
Growth Management Hearings Board )
In Cause No. 00-2-0019 )
RESOLUTION No.
19.,...01
WHEREAS, the Board of County Commissioners ("the Board") enacted, by its
approval of Resolution #27-00 on April 3, 2000, certain amendments to this County's
1998 Comprehensive Plan pursuant to the Growth Management Act, codified at RCW
36.70A.130;
WHEREAS, certain of the approved Plan amendments, specifically CPA #99-01
(Smith), CPA #99-02 (Moa) and CPA #99-05 (Spigarelli) were challenged by certain
citizens as being Plan amendments not in compliance with the Growth Management Act
and this County's Comprehensive Plan;
WHEREAS, when the challenge of the citizens regarding the three Plan
amendments listed above was heard before the Western Washington Growth
Management Hearings Board ("the Hearings Board") in the fall of 2000, the Hearings
Board determined that those three Plan amendments were improper because they were
not compliant with the Growth Management Act and this County's Comprehensive Plan;
WHEREAS, the Hearings Board entered a Final Decision and Order on
November 22,2000 ordering Jefferson County, through its elected Board, to rescind the
three Plan amendments (Smith, Moa and Spigarelli) within 90 days of the date of the
entry of the Final Decision and Order;
WHEREAS, the Board does not agree that the three Plan amendments (Smith,
Moa and Spigarelli) represent actions out of compliance with the Growth Management
Act and/or the County's Comprehensive Plan BUT does recognize that it must comply
with a valid order of the Hearings Board; and
WHEREAS, the Board has taken all necessary steps to appeal the November 22,
2000 Final Decision and Order of the Hearings Board to the Superior Court and does not
by this Resolution retreat one step from its firm determination to see the Final Decision
and Order of the Hearings Board reversed in a court of law.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners for
Jefferson County as follows:
1. The Board's approval of the amendments known as CPA #99-01 (Smith),
CPA #99-02 (Moa) and CPA #99-05 (Spigarelli) be and hereby is
rescinded;
2. That because of the rescission of the approvals granted to this Board for
Plan amendments CPA #99-01, CPA #99-02 and CPA #99-05, the real
properties which were and are the subject of those Plan amendments return
to the zoning designation provided to them by the 1998 County's
Comprehensive Plan;
3. That a copy of this Resolution, once executed by the County
Commissioners, shall be forwarded to the Hearings Board; and
4. That this County shall continue to pursue the appeal of the Final Decision
and Order of the Hearings Board issued on November 22,2000, in the
manner described in the Petition For Review filed with the Superior Court
in December 2000. t:l1\:\)Jr
APPROVED AND ADOPTED this~ day of February, 2001
Seal:
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JEFFERSON COUNTY
BOARD OF COMMISSIONERS
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ATTEST:
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Clerk of the Board
APPROVED AS TO FORM
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Deputy Prosecuting Attome~