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033-07 - Ordinance - Annexation of PropertyCity of Port Orchard 216 Prospect Street Port Orchard, WA 98366 PORT ORCHARD CITY OF 200711140134 Ordinance Rec Fee: $ 45.00 Page: 1 of 6 15l14l2007 10 , 0 }Karen Flynn,iiff}}Ki`t}}}sap Cc }A}ud4itor`{ ORDINANCE NO. 033-07 AN ORDINANCE THE CITY OF PORT ORCHARD DESIGNATING PROPERTY COMMERCIAL ON THE CITY OF PORT ORCHARD COMPREHENSIVE PLAN MAP AND COMMERCIAL -RETAIL AND OFFICE (Co) ON THE CITY OF PORT ORCHARD ZONING MAP, TO BECOME EFFECTIVE UPON ANNEXATION. THE PROPERTY IS LOCATED IN SE QUARTER OF SECTION 35, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON ASSESSORS ACCOUNT NUMBER: 4625-000-001-0105 WHEREAS, the property legally described and geographically depicted in Exhibit "A" ("the Property") is included in the City of Port Orchard UGA and designated Urban Low Density Residential in the county comprehensive plan; and WHEREAS, the Property is a .61 acre parcel contiguous to the City limits, located on the Bethel Avenue, north of the intersection with Mitchell Road SE, and WHEREAS, the owner of the Property 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 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 Ordinance No. 033-07 Page 2 of 6 WHEREAS,, the Planning Commission held a Public Meeting for the pre -annexation comp plan/zoning designation on August 20, 2007 and recommended that the City Council designate the Property Commercial on the City of Port Orchard Comprehensive Plan Map and Commercial — Retail and Office (Co) 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 August 27, 2007 and October 8, 2007; and IIIitHEREAS, being fully advised, the Council finds and concludes as follows: FINDINGS 1. A Petitioner for Annexation of the Property into the City was received on July 30, 2007. 2. The Property is located with the City's Urban Growth Area and is contiguous to the City limits. 3. The Property is currently designated Urban Low Density Residential in the County Comprehensive Plan and Urban Low Density Residential in the County zoning map. 4. The Property will be served by adequate public sewer, water supply, roads, and other needed public facilities and services. 5. The Property will have access from Bethel Avenue Southwest. 6. The Property is adjacent to commercial zoned areas. The applicant proposes to extend commercial development on the Property. 7. 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 Growth Management Act and the City's comprehensive plan. 8. The purpose of the Commercial designation is to provide for the broadest mix of retail, service, office, and commercial recreation/cultural uses serving Port Orchard and surrounding market areas while offering significant employment opportunities. Ordinance ,PORT ORCHARD CITY OF 200711140134 W 14f2007Rec10:45eAM 45.00 I III1111111IlIIll di 111111 V11 1III11IIII11�fl lll� l#lii 111111� 11� liili l�lll loll 1111Paqe 2 ° f Ordinance No. 033-07 Page 3 of 6 CONCLUSIONS 1. Commercial is the most appropriate comprehensive plan designation for the Property. Designating the Property Commercial is in conformance with the goals and policies of the Comprehensive Plan and the Growth Management Act. 2. Designating the Property Commercial is in furtherance of the health, safety, and general welfare of the community. 3. Zoning the Property Commercial — Retail and Office (Co), 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. WHEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION 1. 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 Commercial, to become effective upon annexation. SECTION 2. The amendment to the Comprehensive Plan Map is declared an emergency under RCW 36.70A.130(2)(b). SECTION 3. 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 Commercial -Retail and Office (Co), to become effective upon annexation. SECTION 4. 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. SECTION 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. FORT ORCHARD CITY OF 200711140134 Ordinance Rao Fee: $ 45.00 11/1412007 10:45 AM Page: 3 of 6 Karen Flynn, Kitsap Co Auditor 11111111 III 111111 11 11111111111111111111111111111111111111111111111111111111111111 Ordinance No. 033-07 Page 4 of 6 PASSED by the City Council of the City of Pork Orchard, signed by the Mayor and attested by the City Clerk in authentication of such passage this 8th day of October 2007. ATTEST: Michelle Merlino, City Clerk APPROVED AS TO FORM: d 1 . , - _ �.4 Kim Abel, MAYOR Sponsored by: Ro Geiger, Coun member FORT jIfer4i2HARp CITY ! $ as 0R Z007 ��l/ ujarl�Itrlrf r t r a 11401,34 �l�'!'Nlf��'I��ff1 Apse 4 � � s Exhibit A 4625-000-001-0105 Ordinance No. 033-07 Page 5 of 6 THAT PORTION OF LOT D OF SHORT PLAT NO. 1736 RECORDED UNDER AUDITOR'S FILE NO. 7904110105, BEING DESCRIBED AS FOLLOWS: THE SOUTH HALF OF LOT 1, PORT ORCHARD VILLA TRACTS, ACCORDING TO PLAT RECORDED IN VOLUME 4 OF PLATS, PAGE 100, IN KITSAP COUNTY, WASHINGTON; EXCEPT THE WEST 360 FEET; EXCEPT THE EAST 30 FEET FOR ROAD; EXCEPT THAT PORTION LYING WEST OF AN EXISTING CREEK; AND ALSO EXCEPT THAT PORTION CONVEYED TO THE CITY OF PORT ORCHARD AS DISCLOSED BY AUDITOR'S FILE NO. 9408160181 PORT ORCHARD CITY OF 200711140134 Ordinance Rec Fee: $ 45.00 Fags. 5 of 6 1111412007 10:45 AM Karen Flynn, Kitsap Co Auditor 1111111111111111111111111111111111111111111i1t 111111111111111A111111111111111111 Ordinance No. 033-07 Page 6 of 6 - .�..._ ............. `w U5 co rn a O i 7 � I [ I f I I 1 I 1 I f f E ` I I f I 1 I f 1 w CY r 1 x a 3 F ! 1 I I ._.t ,.< G = „ 7:0 C2 crn__- cs ROAD s. j `- u w o ° Ordinance Fee $ PORT ORCHARD CITY OF 200711140134 11111472pp7Pec 10745 AM 45,00 Karen Flynn, Kitsap CO Auditor page: 6 "f 5 111111111 It1111 NOTICE OF CITY OF PORT ORCHARD ORDINANCE The following is a summary of Ordinances approved by the Port Orchard City Council at their regular Council meeting held October 8, 2007. ORDINANCE NO. 033-07 AN ORDINANCE THE CITY OF PORT ORCHARD DESIGNATING PROPERTY COMMERCIAL ON THE CITY OF PORT ORCHARD COMPREHENSIVE PLAN MAP AND COMMERCIAL -RETAIL. AND OFFICE (Co) ON THE CITY OF PORT ORCHARD ZONING MAP, TO BECOME EFFECTIVE UPON ANNEXATION. THE PROPERTY IS LOCATED IN SE QUARTER OF SECTION 35, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON Copies of Ordinance No. 033-07 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. 033-07 will be provided at a nominal charge. of Post Orchard atti r patrk Deputy City Clerk Publish: Port Orchard Independent October 13, 2007