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002-05 - Ordinance - Designating Property Industrial/Manufacturing and Employment-Industrial at 1436 SW Cook RoadNOTICE OF CITY OF PORT ORCHARD ORDINANCE The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council meeting held February 14, 2005. ORDINANCE NO. 002-05 AN ORDINANCE OF THE CITY PORT ORCHARD, WASHINGTON, DESIGNATING PROPERTY INDUSTRIAL/MANUFACTURING ON THE CITY OF PORT ORCHARD COMPREHENSIVE PLAN MAP AND EMPLOYMENT —INDUSTRIAL AND OFFICE (Eo) ON THE CITY OF PORT ORCHARD ZONING MAP, TO BECOME EFFECTIVE UPON ANNEXATION. THE PROPERTY IS LOCATED AT 1436 SW COOK ROAD. Copies of Ordinance No. 002-05 are available for review at the office of the City Clerk of the City of Port Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any interested person without charge. Thirty days after publication, copies of Ordinance No. 002-05 will be provided at a nominal charge. City of Port Orchard f )t ,, Michelle Merlino Deputy Clerk Publish: Port Orchard Independent February 23, 2005 KitsaplegalsLa)soundpublishing.com City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 200502180004 III �I 02/18 �200`: a8: esa PORT ORCHRRD CITY OF ORD $LD3,N0 Kitsap Co, WA ORDINANCE NO. 002-05 AN ORDINANCE OF THE CITY OF PORT ORCHARD DESIGNATING PROPERTY INDUSTRIAL/MANUFACTURING ON THE CITY OF 1-1 7-10 PORT ORCHARD COMPREHENSIVE PLAN MAP AND Cn ar EMPLOYMENT --INDUSTRIAL AND OFFICE Eo ON THE CITY OF co m PORT ORCHARD ZONING MAP, TO BECOME EFFECTIVE UPON , o o ANNEXATION. THE PROPERTY IS LOCATED AT 1436 SW COOK 5 � ROAD, SECTION 34, TOWNSHIP 24 NORTH, RANGE 1 EAST, g z q, X W.M., IN KITSAP COUNTY, WASHINGTON �o®Z ASSESSORS ACCOUNT NUMBER: 342401-3-012-2007 and M Q 342401-3-001-2000. rn o 0 -4 < Legal Description: That portion of NE 1/4 of the SW 1/4 of Section 34, Township 24 N, Range 1 East, W.M., in Kitsap County, WA. Full Legal: Exhibit "A" THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES ORDAIN AS FOLLOWS: WHEREAS, County Ordinance No. 316-2004, effective October 25, 2004, added the property legally described in Exhibit "A" ("the Property") to the City of Port Orchard UGA and redesignated/rezoned the Property on the county comprehensive plan and zoning maps to Industrial; and WHEREAS, the Property is a 20 acre industrial site contiguous to the City limits, consisting of a five acre parcel (Tax No. 342401-3-012-2007) and a fifteen acre parcel (Tax No. 342401-3-001-2000), located at 1436 SW Cook Road, and WHEREAS, CARA LAND CO, L.L.C. has submitted a Petition for Annexation, to annex the Property to the City of Port Orchard; and WHEREAS, RCW 35.13.177 allows the City to prepare comprehensive plan and zoning designations to become effective upon the annexation of any area which might reasonably be expected to be annexed by the City at any future time; and Ordinance No. 002-05 Page 2 of 5 WHEREAS, pursuant to RCW 36.70A.130(2)(b), after appropriate public participation a city may adopt amendments or revisions to its comprehensive plan whenever an emergency exists; and WHEREAS, the Planning Commission held a Public Meeting for the pre - annexation comp plan/zoning designation on December 20, 2004 and recommended that the City Council designate the Property Industrial/Manufacturing on the City of Port Orchard Comprehensive Plan Map and Employment --industrial and office (Eo) on the City of Port Orchard Zoning Map, to become effective upon annexation; and WHEREAS, City Council held public hearings on the pre -annexation comp plan/zoning designation on December 27, 2004 and February 14, 2005; and WHEREAS, being fully advised, the Council finds and concludes as follows: FINDINGS The Property fronts Cook Road to the north and Highway 16 to the east. The property to the north is designated Industrial by the county. The properties to the west, east, and south are within the City limits and are designated Industrial/Manufacturing in the Port Orchard Comprehensive Plan. 2. The Property is adjacent to an industrial park in which the applicant has an existing manufacturing business. The applicant intends to expand the existing manufacturing business into the new property, which is anticipated to result in an increase of at least 40 jobs. 3. The utilities for the Property are currently being served by the City. The Property is served by adequate public sewer, water supply, roads, and other needed public facilities and services. 4. The Property will have access off of Lumsden Road and has direct access to a major arterial or collector street. The Property is adjacent to existing legal industrial/manufacturing uses, and is surrounded by Industrial designated properties, which provide a buffer between the Property and other land use designations. 6. If the City does not immediately adopt pre -annexation comp plan/zoning designations for the Property then the Property may be annexed into the City of Port Orchard without any comprehensive plan or zoning designations, which would be contrary to the policies and goals of the 200502180004 Page 2 of 5 02/18/2005 08;09A PORT ORCHARD CITY OF ORO $L-13.00 Kitsap Co, WA Ordinance No. 002-05 Page 3 of 5 Growth Management Act and the City's comprehensive plan. CONCLUSIONS Industrial/Manufacturing is the most appropriate comprehensive plan designation for the Property. Designating the Property Industrial/Manufacturing is in conformance with the goals and policies of the Comprehensive Plan and the Growth Management Act. 2. Designating the Property Industrial/Manufacturing is in furtherance of the health, safety, and general welfare of the community. 3. Zoning the Property Employment - industrial and office (Eo), is consistent with the City's Zoning Ordinance and Comprehensive Plan, and is in furtherance of the health, safety, and general welfare of the community. 4. An emergency exists, justifying an exception to the requirement that amendments or revisions to a comprehensive plan be considered no more frequently than once every year. THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECITON I _ The City of Port Orchard Comprehensive Plan Map, adopted by Ordinance No. 1634, is hereby amended by adding the property described in Exhibit "A" and designating it Industrial/Manufacturing, to become effective upon annexation. SECITON 1. The amendment to the Comprehensive Plan Map is declared an emergency under RCW 36.70A.130(2)(b). Sr-CITON a. The City of Port Orchard Zoning Map, adopted by Ordinance No. 1748, is hereby amended by adding the property described in Exhibit "A" and classifying it Employment --industrial and office (Eo), to become effective upon annexation. SECTION a_ Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. SFCITON s_ This Ordinance shall be in full force and effect five (5) days after posting and publication as required by law. A summary of this Ordinance may be published in lieu of the entire Ordinance, as authorized by State law. 200502180004 Page: 3 of 5 PORT ORCHARD CITY OF ORD K-3.0N 6its600 ap, OA 09A Ordinance No. 002-05 Page 4of5 PASSED by the City Council of the City of Port Orchard, signed by the Mayor and attested by the City Clerk in authentication of such passage this 14t" day of February, 2005. ATTEST: A �ys A 7, e e Carol Etgen, City Clerk APPROVE[ S T FOR P ity Attorney Kim Abel, MAYOR Sponsored by: Ro ert G iger,`Coun member 200502180004 Page: 4 of 5 N2,'18/2N05 W09A PORT ORCHARD CITY OF ORD r,,?.0& Kit -sap Co, WA EXHIBIT A Legal Description and Map of Property Proposed to be Annexed 5 Acre Parcel 342401.3-012-2007 A PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 34; THENCE SOUTH ALONG THE WEST LINE 660 FEET; THENCE EAST ALONG THE SOUTH LINE 452 FEET; THENCE NORTH AND PARALLEL WITH THE EAST LINE 330 FEET; THENCE WEST PARALLEL WITH THE NORTH LINE 244 FEET; THENCE NORTH 330 FEET TO THE NORTH LINE; THENCE WESTALONG THE NORTH LINE 2D8 FEET TO THE POINT OF BEGINNING; EXCEPT THE NORTH 30 FEET THEREOF. 15 Acre Parcel 342401-3-001-2000 THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON: EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 34; THENCE SOUTH ALONG THE WEST LINE 660 FEET; THENCE EAST ALONG THE SOUTH LINE 452 FEET; THENCE NORTH AND PARALLEL WITH THE EAST LINE 330 FEET; THENCE WEST PARALLEL WITH THE NORTH LINE 244 FEET; THENCE NORTH 330 FEET TO THE NORTH LINE; THENCE WEST ALONG THE NORTH LINE 208 FEET TO THE POINT OF BEGINNING; EXCEPT THE NORTH 30 FEET THEREOF. AND EXCEPT THAT PORTION TO STATE OF WASHINGTON UNDER AUDITOR'S FILE NO, 629798, 2-017 2-J082-039 2AJS 2402 2413 2-004 2-003 1.029 2.015 2400 2-016 2.012 2-020 2-025 / 1 mNall a . :.,%m, III►A\11 ,,.ape .r ol- M. iu "I fY ray • 200502180004 Page: 5 of 5 02/18/2&N5 03:03A PORT ORCHARD CITY OF ORD $23.D0 Kit.sap Co, WA