ORDINANCE 2001-10

(AN ORDINANCE REZONING CERTAIN PROPERTY FROM

RESOURCE PRODUCTION ZONE TO RESIDENTIAL 5)

WHEREAS, on November 29, 2000, Eugene (Bud) Harris, Jr. for Sirrah Corporation submitted to the Skamania County Department of Planning and Community Development (Planning Department) an application to rezone 180 acres from Resource Production Zone (FORAG 20) to Residential 5 (R-5). The property is located at the end of Hillsberry Road, off of Mabee Mines Road, Washougal, Section 35, T2N, R5E W.M., Skamania County Assessor’s Tax Lot No. 2-5-35-0900 and -1001.

WHEREAS, on June 21, 2001, the Planning Department issued a “Mitigated” Determination of Non-Significance (MDNS) in order to fulfill the State Environmental Policy Act (SEPA) required review, which determined that the proposed rezone would not adversely affect the environment, and

WHEREAS, on September 4, 2001, the Skamania County Planning Commission, after providing proper notice and with a quorum present, conducted a public hearing with regard to the above stated request. After the hearing was closed to public testimony, the members of the Planning Commission present voted for a motion, 3 in favor and 1 against, to recommend to the Board of County Commissioners (Board) that the rezone be denied, and

WHEREAS, the Board acknowledged receipt of the record, gave proper notice and reviewed the Planning Commission’s recommendation at a public meeting on October 9, 2001, and

WHEREAS, the Board, after reviewing the Planning Commission’s recommendation at a public meeting decided to conduct a public hearing on the application, and

WHEREAS, at the close of the public hearing held on November 6, 2001, the Board decided, based upon a vote of 2 in favor and 1 against, to overturn the Planning Commission’s recommendation and approve the subject requested rezone, and

WHEREAS, the Board, after deciding to approve the rezone, set this matter on for a hearing so as to be adopted as an Ordinance as required by RCW 36.70.570;

NOW, THEREFORE the Board of County Commissioners hereby adopts by reference the Findings of Fact and Conclusions for this application, set forth in their motion dated November 6, 2001 regarding this matter, and is of the opinion that Residential 5 is the appropriate zoning for the subject property.

BE IT HEREBY ORDAINED AND ESTABLISHED BY THIS BOARD OF COUNTY COMMISSIONERS AS FOLLOWS: that Skamania County Assessor’s Tax Lot No. 2-5-35-900 and -1001 be zoned Residential 5.

BE IT FURTHER ORDAINED that this ordinance shall become effective upon adoption.

REVIEWED this 20^th day of December, 2001, and set for public hearing on the 7^th day of January 7, 2001 at 1:30 o’clock p.m.