100-09 - Resolution - Interim Zoning DesignationsIntroduced by: Development Director
Requested by: Development Director
Drafted by: Development Director
Introduced: October 27, 2009
Adopted:
PULLED FROM AGENDA -OCTOBER 27, 2009
RESOLUTION NO. 100-09
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON, EXTENDING THE INTERIM ZONING
DESIGNATIONS AND INTERIM COMPRHENSIVE
LAND USE DESIGNATIONS ESTABLISHED FOR
CERTAIN REAL PROPERTY ANNEXED TO THE CITY
WITHIN 2009, AND ESTABLISHING AN
TERMINATION DATE OF DECEMBER 31, 2009 OR
UPON INCORPORATION INTO AND ADOPTION OF
THE 2009 UPDATE OF THE PORT ORCHARD
COMPRHENSIVE PLAN.
WHEREAS, now, therefore; the City Council received notices of intent to
petition for annexation for parcels identified in Exhibit “A” attached hereto and
incorporated by this reference; and
WHEREAS, now, therefore; the initiating parties are the owners of real property
with a value in excess of ten percent (10%) of the value of the property for which
annexation is petitioned; and
WHEREAS, meetings were held between the initiating parties of this
annexations and the Council of the City of Port Orchard, at which time the Council
accepted the notices of intention to commence annexation proceedings and authorized
the circulation of an annexation petitions for annexation of the real property depicted in
Exhibit “A” attached hereto. At the meeting the Council also determined that it would
require the simultaneous adoption of Comprehensive Plan and zoning regulations, and
the assumption of city indebtedness by the area to be annexed upon annexation; and
WHEREAS, petitions to annex to the City of Port Orchard were circulated and
filed with the City, and was certified by the Kitsap County Assessor as containing the
signatures from owners of not less than seventy-five percent (75%) in value, according to
the assessed valuation, of the property for which annexation is petitioned; and
WHEREAS, in December 2006 Kitsap County added the property legally
described and geographically depicted in Exhibit "A" to the City of Port Orchard UGA
and designated the parcels on the County Comprehensive Plan; and
WHEREAS, RCW 35.13.177 allows the City to prepare Comprehensive Plan and
Resolution No. 100-09
Page 2 of 3
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
WHEREAS, pursuant to RCW 35.13.177 and .178, the City Council adopted
Ordinance No. 042-08 designating the proposed annexation area on the City’s
Comprehensive Plan and on the City’s zoning map, to become effective upon
annexation; and
WHEREAS, the Port Orchard Planning Commission held public meetings and
adopted Resolutions recommending the proposed annexation areas be designated on
the City’s Comprehensive Plan and on the City’s zoning map to become effective upon
annexation; and
WHEREAS, pursuant to RCW 35.63.200, the City Council found it is necessary
to adopt interim zoning controls for parcels identified in Exhibit A until such time as the
Comprehensive Plan amendment process for 2009 is completed and that such interim
zoning for these parcels was justified because: the parcel will be served by adequate
public sewer, water supply, roads, and other needed public facilities; and the interim
zoning designations are consistent with the uses in the surrounding area.
WHEREAS, pursuant to RCW 35.13.140, the City Council held public hearings,
which hearings were duly noticed through publication in a newspaper of general
circulation in the City and the proposed annexation area, and through posting of a
hearing notice in three public places within the territory proposed for annexation,
specifying the time and place of the hearing and inviting interested persons to appear
and voice approval or disapproval of the annexation and the property’s future
comprehensive plan land use designation; and
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
THAT: 1. Based on the findings of fact set forth in the
above recitals, the City Council hereby determines that an
emergency exists justifying the extension of interim zoning
controls for the Property, as depicted on Exhibit “A” attached
hereto and incorporated by this reference. Pursuant to RCW
35.63.200, there is hereby extended the adopted interim
Comprehensive Plan designations and interim Zoning
designations for the Property depicted on Exhibit “A”
attached hereto. As long as the interim zoning controls are
in effect, all land use and development within the Property
shall be subject to the City’s land use and development
regulations in effect.
Resolution No. 100-09
Page 3 of 3
2. The interim zoning controls shall remain in effect unless
the City has completed its annual Comprehensive Plan
amendment process for 2009 and established
Comprehensive Plan and Zoning Designations for the
Property. The interim zoning controls shall expire six
months from the date of adoption of this resolution, unless
the interim zoning controls are shortened or extended by
action of the City Council or until the effective date of any
ordinance establishing new comprehensive land use
designations for the Property, whichever is sooner.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the Clerk in authentication of such passage this 27th day of October 2009.
Pulled from Agenda- 10/27/2009
Lary Coppola, Mayor
ATTEST:
Pulled from Agenda- 10/27/2009
Patricia J. Kirkpatrick, CMC, City Clerk