FINAL DECISION AND ORDER Western WashingtonCase No. 08-2-0015 Growth Management Hearings BoardSeptember 29, 2008 319 7
Avenue SW, Suite 103Page 2 of 27 P.O. Box 40953Olympia, Washington 98504-0953Phone: 360-586-0260Fax: 360-664-8975
The Board also concludes that it was not a violation of the GMA for the County to choose toexclude the Wildwood Park and Harbor Hill areas from the Freeland NMUGA.Petitioner has not challenged the consistency of adopting the land use element prior toadoption of other needed plan elements. Because the County has not yet adopted thetransportation element of the FSAP, a challenge to the transportation LOS standards is notripe for review. Similarly, as the County has not yet adopted the capital facilities element ofthe Freeland Sub Area Plan, it is premature to challenge aspects of financing capitalimprovements under that plan element.
II. PROCEDURAL HISTORY
On April 2, 2008, Mitchell Streicher filed a Petition for Review (PFR) challenging Island
of Ordinance Nos. C-12-08 and C-129-07
On May 20, 2008, intervention was granted to Deborah Houseworth, Salvatore Barba andWisdomspace, LLC (Houseworth).
On June 9, 2008 intervention was granted to GordonSharpe.
On July 1, 2008, following a motion by the County, the Board dismissed those portions ofIssues 2, 3 and 4 not relating to Freeland Hill and Issues 8 and 9, as these issues related toRCW 36.70A.070(5)(c)(iv). The Board also dismissed Issues 6, 10, 11, and 13 in theirentirety. The Hearing on the Merits for this appeal was heard on August 21, 2008 inCoupeville, WA.
III. PRELIMINARY MATTERS
Petitioner filed a request for the Board to take official notice of Sections 17.02A.050B and17.02A
.050E of Island County’s Critical Areas ordinance.
Pursuant to WAC 242-02-660(4),
Order Granting Intervention to Deborah Houseworth et al.
Order Granting Intervention to Sharpe.
Petitioner’s Request for Official Notice, July 8, 2008.