HomeMy WebLinkAbout040 95
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STATE OF WASHINGTON
County of Jefferson
IN THE MATTER OF A RESOLUTION}
RELATING TO THE EMERGENCY }
ADOPTION OF INTERIM }
AGRICULTURAL AND MINERAL}
LANDS ORDINANCES UNDER THE}
GROWTH MANAGEMENT ACT }
(RCW 36.70A) }
Resolution No. 40-95
Whereas, the Jefferson County Board of County Commissioners are concerned that the County
comply with the requirements of the Growth Management Act (RCW 36.70A); and,
Whereas, the Western Washington Growth Management Hearings Board in its Final Decision
and Order for Case No. 94-2-0017 Olympic Environmental Council, Washington
Environmental Council and the State of Washington (through the Department of Natural
Resources) vs. Jefferson County, found Ordinance No. 06-0705-94 the Interim Mineral
Resource Lands Ordinance and Resolution No. 67-94, A Resolution Relating to Interim
Agricultural Lands, out of compliance with the Growth Management Act (GMA); and,
Whereas, the Western Washington Growth Management Hearings Board found Ordinance No.
07-0705-94, the Interim Forest Resource Lands Ordinance also to be out of compliance with
the Growth Management Act; and,
Whereas, the Board of County Commissioners committed the County to a full public process
for production and adoption of new interim ordinances; and,
Whereas, the public process to produce a new Interim Forest Lands Ordinance began in
November of 1994 and ended in May 1995, demanding the commitment of considerable
resources to bring to a successful conclusion; and,
Whereas, throughout this time the County was working on production of a Draft
Comprehensive Plan, as required by the GMA; and,
Whereas, very few resources were available to proceed with the production of new interim
Agricultural and Mineral Resource Land Ordinances; and,
Whereas, the scope of work required to bring the County into compliance with the GMA with
respect to resource lands was not known until February 16, 1995; and,
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May 24,1995
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Whereas, the Western Washington Growth Management Hearings Board provided the County
a sixty (60) day deadline to comply with it's order of February 16; and,
Whereas, the parties to this case agreed to an extension of the compliance deadline to June 1,
1995; and,
Whereas, a Public Hearing was held on the proposed Interim Forest Resource Land Ordinance
on May 1, 1995 and workshops to review testimony received at this hearing were held on May
17 and May 22, 1995; and,
Whereas, this ordinance was adopted on May 24, 1994; and,
Whereas, the Board of County Commissioners find that Interim Agricultural Land and Mineral
Land Ordinances cannot be adopted prior to the June 1, 1995 compliance deadline through use
of the adoption process required by RCW 36.70, The Planning Enabling Act; and,
Whereas, adoption of Interim Agricultural Land and Mineral Land Ordinances prior to June 1,
1995, is necessary to bring the County into compliance with the requirements of GMA, and;
Whereas, adoption of these ordinances prior to June 1, 1995, is necessary for shaping the form
of the planning alternatives to be considered in the Draft Comprehensive Plan; and,
Whereas, adoption of these ordinances is necessary for preserving the County's planning
options under the GMA; and,
Whereas, adoption of these ordinances will avoid continued uncertainty for the owners of land
in an of unincorporated Jefferson County as to how they may best continue to use and enjoy
their property; and,
Whereas, adoption of these ordinances is necessary to preserve the public health, safety and
welfare of the County as a whole;
NOW, THEREFORE, BE IT RESOLVED, that the following measures be adopted by Jefferson
County:
1.
That the conditions detailed above are sufficient to merit the Board of County
Commissioners determining that an emergency currently exists in Jefferson
County;
2.
That an emergency currently exists in Jefferson County;
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3.
That adoption of the Interim Mineral Lands and Interim Agricultural Lands
Conservation Ordinances is the most effective means available to the County to
address these emergency conditions and prevent a worsening of its legislative
and administrative situation while providing needed regulatory support for
farming and mining activities in Jefferson County.
4.
That the County adopts these Ordinances on an emergency basis, as allowed
under the Growth Management Act;
5.
That a Public Hearing shall be held on these interim ordinances at 3:00 PM on
Monday, June 26, 1995, in the Commissioners Chambers of the Jefferson
County Courthouse.
6.
That the Board of County Commissioners shall promptly review any testimony
received at this hearing and, based upon review of this testimony, make any
changes that are deemed necessary to these ordinances for their full and
effective implementation of the goals and requirements of the GMA.
APPROVED and Adopted this 25th day of May, 1995
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JEFFERSON COUNTY
BOARD OF COMMISSIONERS
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~orna L. Daney - T (1
Clerk of the Board
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