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HomeMy WebLinkAbout077 95 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 PI-, .... l:. rt¿(J{"#'11 (J - ;J.lì ~'S- þ.q.. 10. "0 15 STATE OF WASHINGTON County of Jefferson IN THE MATTER OF A RESOLUTION } RELATING TO THE WESTERN } W ASIDNGTON GROWTH MANAGEMENT} HEARINGS BOARD COMPLIANCE } HEARING ORDER ON THE JEFFERSON } COUNTY INTERIM FOREST LANDS } ORDINANCE (ORDINANCE NO. 07-0524-95) } 77-95 Resolution No. Whereas, Jefferson County adopted an Interim Forest Land Ordinance (Ordinance No. 07-0705- 94) on July 5, 1994, and this ordinance was appealed to the Western Washington Growth Management Hearings Board by the Olympic Environmental Council on September 8, 1994 and by the Washington Environmental Council and the Washington State Department of Natural Resources on September 9, 1994; and, Whereas, the Western Washington Growth Management Hearings Board (WWGMHB) held a hearing on the merits of the appeal on January II, 1995 and issued a Final Decision and Order on the appeal on February 16, 1995 which found Ordinance No. 07-0705-94 out of compliance with the Growth Management Act RCW 36.70A), and directed the County to adopt an ordinance that complied with the Goals and Requirements of the Growth Management Act; and, Whereas, the Jefferson County Board of County Commissioners adopted Ordinance No. 07- 0524-95, the Jefferson County Interim Forest Lands Ordinance, designed to comply with the February 16, 1995, WWGMHB order; and, Whereas, the Western Washington Growth Management Hearings Board (WWGMHB) held a public hearing to determine the County's compliance with the February 16 order on July 18, 1995; and, Whereas, the WWGMHB issued a Compliance Hearing OrdeE on August 17, 1995; and, .. Whereas, the WWGMHB in the August 17 Order found that '... the continued validity of this development regulation would substantially interfere with the fulfillment of goal 8 of the GMA and that sections 4.20.1.9 and 6.20. I are invalid under the standards provided by ESHB 1724, section 110(2).' and, Whereas, Jefferson County believes that the Hearing Boards' order contains findings and conclusions that are not supported by the record; and, 1 VOL 21 rAL~ 0 1.061 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 ~ a.vm AS TO FORM 43' JL 1... \JV'5-~ 44 Paul E. McIlrath 45 Chief eJiit Deputy Prosecutor Whereas, the determination of invalidity made by the WWGMHB will promote uncertainty for the owners of land in unincorporated Jefferson County as to how they may best continue to use and enjoy their property and may restrict the County's planning options under the GMA; and, Whereas, an erroneous determination of non-compliance by the WWGMHB will subject Jefferson County to continued harm and the potential for sanctions; NOW, THEREFORE, BElT RESOLVED, that the following measures be adopted by Jefferson. County: That the Jefferson County Prosecutor file an appeal of the Compliance Hearing Order issued by the Western Washington Growth Management Hearings Board on August 17, 1995 for Case No. 94-2-0017; BE IT FURTHER RESOLVED, that during the pendary of its appeal, Jefferson County shall fashion a policy statement to guide County planning personnel with administration of the current forest land ordinance during the pendary of the appeal. APPROVED and Adopted this 28th day of August, 1995 SEAL: JEFFERSON COUNTY BOARD OF COMMISSIONERS AL -d/:Ø- Huntingford, C . ~~ t ATTEST: ~.~ 1kQ~ Clerk of the Board ,// / \ 2 vcr!.. 21 rMl OJ062