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HomeMy WebLinkAbout3278• • ORDINANCE NO. 3278 AN ORDINANCE of the City of Port Angeles, Washington, adjusting the corporate boundary of the City of Port Angeles to include property at the southeast corner of the intersection of Homestead Avenue and McDougal Street for the purpose of providing municipal services. The City of Port Angeles, Washington, does hereby ordain as follows: WHEREAS, . the owners of the property described below petitioned the City for annexation, and the necessary legal steps have been completed, including the holding of a public hearing on the petition after due and legal notice thereof; and WHEREAS, the property to be annexed is within the Clallam County urban growth area for Port Angeles; and WHEREAS, the City Council has determined it to be in the best interest and for the public benefit that the petition for annexation be granted. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN as follows: Section 1. The attached Conditions, Findings, and Conclusions hereby are adopted and incorporated herein. Section 2. The following described area, which is shown in the attached Exhibit "A ", is hereby annexed to the City, subject to the requirements and conditions set forth in Section 3: Parcel number 0630143200300000 described as follows: That portion of the Northwest Quarter of the Southwest Quarter of Section 14, Township 30 North, Range 6 West W.M., described as follows: Beginning at a point in the west line of said Northwest Quarter of the Southwest Quarter 588 feet south of the northwest corner thereof; thence continuing south along said west line 714.8 feet, more or less to the south line of said subdivision; thence east along said south line 330 feet; thence north parallel with the west line of said subdivision 714.8 feet more or less, to a point 588 feet south of the north line of said subdivision; thence west parallel with said north line 330 feet to the point of beginning, more commonly described as PT. TX #2962. Section 3. The annexation shall be subject to the following conditions: A. The annexed area shall bear a pro rata share of the outstanding bonded indebtedness of the City. B. Pursuant to PAMC 17.95.110 and the Growth Management Element Policies . B. 1 - 10 of the City's Comprehensive Plan, the zoning classification of the annexed area shall be RS -9, Residential Single Family. C. Dedication of 30' along the frontage of McDougal Street is required. The petitioner understands that road improvement is required to McDougal Street including paving, a walking path and ditch, and driveway culvert placed to satisfy the City's suburban standards with any development of the subject property. Section 4. Annexation Date. The effective date of annexation shall be April 30, 2007. Section 5- Severability. If any section, subsection, paragraph, sentence, clause or phrase f this ordinance is declared unconstitutional or invalid for any reason, such decision shall not ffect the validity of the remaining parts of this ordinance. Section 6 - Publication. This Ordinance shall be published as required by law. Section 7 - Effective Date. This ordinance, being an exercise of a power specifically relegated to the City legislative body is not subject to referendum. This ordinance shall take ffect five (5) days after passage and publication of an approved summary thereof consisting of he title. Section 8. Following the publication of this ordinance or a summary thereof, the City lerk shall forward a copy of the ordinance and any attachments to the Clallam County Auditor. • • PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 17th day of April, 2007. ATTEST: 1 • Becky J. Up on, ity Clerk William E. Bloor, City Attorney APPROVED AS TO FORM UBLISHED: April 27 , 2007 By Summary G: \Legal_B ackup \ORDINANCES &RESOLUTIONS \ORDINANCES.2007 \2007 -6. Annex- Adamich.031507. wpd -3- EXHIBIT N O O k 4 1 (D Cri a) P4 0 .1. tt) ,.. U . - E Ct CONDITIONS, FINDINGS, AND CONCLUSIONS IN SUPPORT OF ADAMICH ANNEXATION - ANX 05 -02: Conditions: 1. Dedication of 30' of right -of -way along the frontage of McDougal Street is required. The petitioner understands that road improvement is required to McDougal Street including paving, a walking path and ditch, and driveway culvert placed to satisfy the City's suburban standards with any development of the subject property. 2. The annexed area shall bear a pro rata share of the outstanding bonded indebtedness of the City. 3. Pursuant to PAMC 17.95.110 and Policies B. 1 — 10 of the Growth Management Element of the City's Comprehensive Plan, the zoning classification of the annexed area shall be RS -9 Residential Single Family. Findings: 1. On August 2, 2005, the City Council considered a Request To Circulate An Annexation Petition submitted by Mr. and Mrs. Mike Adamich per RCW 35A.14.120. The Council and the petitioners /property owners discussed that zoning of the site would be RS -9 Residential Single Family if annexed, and that the property owners would assume their portion of the City's bonded indebtedness at the time of annexation. Following the discussion, it was determined that an annexation petition could be circulated for consideration per RCW 35A.14. 2. Per RCW 35A.14.120, a petition for annexation must contain at least 60% property ownership signatures. On January 27, 2007, the Department of Community & Development received an annexation petition for the subject property signed by 100% of the property owners. The annexation petition was forwarded to the Clallam County Boundary Review Board on February 9, 2007. 3. The site is undeveloped, relatively flat, approximately 300' x 700' in configuration., and approximately 4.94 acres in area. A small area in the southwest portion of the site exhibits some environmentally sensitive identifying factors but appears to be less area than would qualify for regulation under the City's Environmentally Sensitive Areas Ordinances. 4. The Port Angeles Comprehensive Plan Land Use Plan as amended in 2006 was reviewed in its entirety with respect to the proposed action and contains the following Goal and Policies that apply and support the proposal: Growth Management Element Goal B: To ensure the orderly transition of land within the PAUGA into the City of Port Angeles. Policy B.1: Annexation of land, which is outside the established boundaries of the PAUGA, shall not be allowed. Conditions, findings, and conclusions Adamich Annexation 2 Policy B.2: Annexation of land from within the established boundaries of the PAUGA shall be in accordance with the adopted annexation laws. Policy B.3: Annexation of land, which is not adjacent to and /or contiguous with the established City Limits boundary -line, should not be allowed. Policy B.4: At the time of annexation, the City should appropriately classify and zone such land, based upon the City Comprehensive Land Use Map and the City Comprehensive Plan. Thereafter, the provisions, restrictions, and requirements of City Ordinance #1709, The Port Angeles Zoning Code, shall apply to development of the annexed area. Policy B.5: Annexation and development of land should be consistent with the orderly extension of urban services /facilities and in accordance with the City's Comprehensive Plan and capital facility planning. Policy B.6: No annexation of land should be allowed in which existing development cannot meet the established concurrency requirements of the City within six years from the time of annexation. Policy B. 7: No annexation of land should be allowed which results in decreased minimum standards for City streets, water service, sewer service, and /or electrical service provided to existing residents of the City. Policy B.8: No annexation of land should be allowed which results in decreased minimum standards for City solid waste collection, stormwater management programs, emergency services and /or telecommunication services provided to existing residents of the City. Policy B.9: Annexation boundaries should be drawn to eliminate boundary, interjurisdictional, and service problems. Policy B.10: Necessary rights -of -way and easements should be obtained prior to or at the time of annexation. Policy B.11: The City should facilitate any annexation in a manner that will minimize financial impact to all residents and businesses. Policy B.12: The City should annex in accordance with State statutes its urban growth areas (UGAs) as facilities are extended into those areas and as new urban development takes place. 5. City utilities located adjacent to the site include water, sewer, and electric. The site is served with refuse pickup and emergency response services. Further development of the site will require observance of the City's development standards. 6. Access to the site is possible only from within the City by way of McDougal Street and Homestead Avenue. Property adjacent to the site (south) is located in the County. The County property is accessed from Mt. Angeles Road, which is a County road in this location. Properties located directly west, east, north, and southwest of the site are located in the City. 7. The site is zoned Very Low Density /Low Density (VLD /LD) in the County which most closely corresponds to the City's RS -9 Residential Single Family zone. Site dimensions, location, and neighborhood characteristics correspond to the City's RS -9 zoning. The site is located in the suburban area of the City. Subdivisions in the area Conditions, findings, and conclusions Adamich Annexation 3 contain lots that are a minimum 9,000 square foot in area. A few lots in this location are larger than 9,000 square feet in area. 8. The property owner's intent is to divide the property into residential sites that will receive City services from McDougal Street or Homestead Avenue. 9. City Departments reviewing the proposal commented that a standard road width does not exist along McDougal Street west of the site being 30' in width. Annexation of the property will require the dedication of 30' of right -of -way along the McDougal Street frontage of the site. Homestead Avenue right -of -way width is 60' in width. The Fire Department and Public Works and Utilities Departments had no further comment. 10. Notification of a public hearing in consideration of the request for annexation was placed in the Peninsula Daily News on February 4, 2007. The property was posted on January 31, 200. No public comment was received during the public comment period. The City Council conducted a public hearing on the matter prior to taking final action on the annexation petition. 11. A Notice of Intent was filed with the Clallam County Boundary Review Board per RCW 36.93 because the annexation area is less than ten (10) acres and less than two million dollars ($2,000,000) in assessed valuation. Under such circumstances, the BRB Chair may declare that review by the BRB is not necessary. A letter of exemption was received from the Chair of the Clallam County Boundary Review Board on April 13, 2007. Conclusions: A. The City's Comprehensive Plan, as amended in 2006, contains policies that encourage annexation within the Port Angeles Urban Growth Area that was established to accommodate growth that is expected to occur within a twenty year period of time. The proposed annexation is a logical extension of the City's boundaries, and is specifically consistent with Growth Management Element Goal B, and Policies B.1 to B.12 of the Plan. B. The annexation petition was processed in accordance with RCW 35.A.14 which defines the procedure and analysis required for annexation of properties to a Code City. The provisions of RCW 36.93 (Boundary Review Board) have been observed in processing the petition. C. City utilities and services immediately available to the site include water, power, sewer, refuse disposal, and emergency response services. D. The site is not functionally accessible except from within the City, and is located within a pocket area surrounded on three sides by City properties. The annexation will eliminate an irregular boundary that may have caused interjurisdictional boundary issues and service problems. Conditions, findings, and conclusions Adamich Annexation 4 E. An annexation of property must be in the best interest of the City and its residents to be approved. Annexing property owners understand that they will bear their proportion of the City's bonded indebtedness at the time of annexation and will not become a financial burden to the City as a whole but will complement the community at large. The proposed annexation will contribute to a logical pattern of growth expected in the neighborhood and the City and will provide much needed right -of -way to continue the development of McDougal Street. The annexation is therefore in the public interest. Adopt d by the Port Angeles City Council at its meeting of April 17, 2007. Karen A. Rogers, Mayor 614.4141k) Becky J. on, 7ity Clerk Summary of Ordinance Adopted by the Port Angeles City Council on April 17, 2007 Ordinance No. 3278 This Ordinance of the City of Port Angeles, Washington, adjusts the corporate boundary of the City of Port Angeles to include property at the southeast corner of the intersection of Homestead Avenue and McDougal Street for the purpose of providing municipal services. The property is legally described as: Parcel number 0630143200300000 which is described as that portion of the Northwest Quarter of the Southwest Quarter of Section 14, Township 30 North, Range 6 West W.M., beginning at a point in the west line of said Northwest Quarter of the Southwest Quarter 588 feet south of the northwest corner thereof; thence continuing south along said west line 714.8 feet, more or less to the south line of said subdivision; thence east along said south line 330 feet; thence north parallel with the west line of said subdivision 714.8 feet more or less, to a point 588 feet south of the north line of said subdivision; thence west parallel with said north line 330 feet to the point of beginning, more commonly described as PT. TX #2962. The full text of this Ordinance is available at City Hall in the City Clerk's office or will be mailed upon request. Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m. This Ordinance shall take effect April 30, 2007. Becky J. Upton, CMC City Clerk Publish: April 22, 2007