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WAS ... lp.jCTON 1 2 ORDINANCE NO. 3282

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4 AN ORDINANCE OF THE CITY OF LYNNWOOD, WASHINGTON,

ANNEXING TO THE CITY OF LYNNWOOD THE

6 APPROXIMATELY 22-ACRE AREA KNOWN AS THE CALVARY

7 ANNEXATION AREA, AND PROVIDING FOR SEVERABILITY, AN

8 EFFECTIVE DATE AND SUMMARY PUBLICATION.

9

11 WHEREAS, RCW 35A.14.120 and 35A.14.140 authorize the City Council to resolve to annex 12 into the City unincorporated territory contiguous to the City's boundary upon submittal of a petition 13 for annexation, to conduct a public hearing on the annexation, and to provide by ordinance for the 14 annexation; and

16 WHEREAS, pursuant to RCW 35A.14.140, the City Council considered annexation of an 17 unincorporated area of Snohomish County, consisting of approximately 22-acres located adjacent to 18 City limits, (City File No. ANX-004991-2017}, which area is legally described on Exhibit A attached 19 hereto and incorporated by this reference ("the Calvary Annexation Area"}; and

21 WHEREAS, the Calvary Annexation Area meets the requirements of RCW 35A.14.120 and 22 35A.14.130; and 23 24 WHEREAS, the City Council is authorized, pursuant to RCW 35A.14.330 and 35A.14.340, to

establish proposed zoning regulations to become effective upon the annexation of any area that 26 might reasonably be expected to be annexed to the City at any future time; and 27 28 WHEREAS, the City's Community Development Department recommended certain pre-29 annexation zoning designations for the properties in the Calvary Annexation Area, as shown on

Exhibit B attached hereto and incorporated by this reference; and 31 32 WHEREAS, the City Council conducted a public hearing on the proposed Annexation on 33 September 25, 2017; and 34

WHEREAS, the City Council conducted public hearings on the proposed zoning regulations 36 for the Calvary Annexation Area on August 14, 2017 and September 25, 2017; and 37 38 WHEREAS, the future land use designations of "Medium-Density Multi Family" (MF-2) and 39 " High-Density Multi-Family (MF-3) for the properties in the Calvary Annexation Area (on the Future

Land Use Plan map in the City's Comprehensive Plan); and 41

1 WHEREAS, the City Council determined that the public interest is served best by annexing 2 the Calvary Annexation Area, and on July 24, 2017, passed Resolution No. 2017-12 accepting the 3 10% Petition, and on September 25, 2017 passed Resolution No. 2017-16, stating the City's intent to 4 annex the Calvary Annexation Area, and providing for submission of a Notice of Intent to Annex to 5 the Snohomish County Boundary Review Board; and

6 7 WHEREAS, the City Council determined that the proposed zoning designations described on 8 Exhibit B would be consistent with the City's Comprehensive Plan and with RCW 35A.14.330, and 9 would be in the interest of the public health, safety, morals, and the general welfare, and on

10 September 25, 2017, adopted Ordinance No. 3275, establishing pre-annexation zoning for the 11 Calvary Annexation Area; and 12 13 WHEREAS, on October 3, 2017, in accordance with Resolution No. 2017-16, the City filed a 14 Notice of Intent to Annex the Calvary Annexation Area with the Snohomish County Boundary I 5 Review Board; and 16 17 WHEREAS, following approval of the legal description for the annexation area, the 18 Snohomish County Boundary Review Board deemed the Notice of Intent to be legally sufficient with I 9 an effective filing date of October 12, 2017; and 20 21 WHEREAS, the 45-day review period ended on November 27, 2017, with a request for 22 review having been filed by Snohomish County Council with Amended Motion 17-395; and 23 24 WHEREAS, on November 29, 2017, Snohomish County Council rescinded the request for 25 Boundary Review Board review with the filing of Motion 17-407; and 26 27 WHEREAS, following the Snohomish County Council decision, the City received consent from 28 Snohomish County Boundary Review Board on December 1, 2017 to continue finalizing the 29 proposed Calvary Annexation Area; and 30 31 WHEREAS, all statutory requirements have been completed, including those set forth in 32 RCW 35A.14.120 and 3SA.14.340; now, therefore 33 34 THE CITY COUNCIL OF THE CITY OF LYNNWOOD, WASHINGTON, DO ORDAIN AS FOLLOWS: 35 36 Section 1. The Calvary Annexation Area, legally described on Exhibit A, is hereby annexed to 37 the City of Lynnwood as of the effective date of this Ordinance. 38 39 Section 2. Upon annexation, the property in the Calvary Annexation Area shall be assessed and 40 taxed at the same rate and on the same basis as the other property in the City of Lynnwood. 41 42 Section 3. The City of Lynnwood's Comprehensive Plan shall be deemed to apply to the Calvary 43 Annexation Area from and after the effective date of this Ordinance. 44 45 Section 4. The Calvary Annexation Area shall have the zoning designation and be subject to the 46 City's zoning and other land use regulations as stated in Ordinance No. 3275, and as shown on 47 Exhibit B to this Ordinance, from and after the effective date of this Ordinance. The Official Zoning

2 3282

Map of the City of Lynnwood shall be revised to include these designations as of the effective date 2 of this Ordinance. 3 4 Section 5. This Ordinance shall take effect and the Calvary Annexation Area shall become part 5 of the City of Lynnwood forty-five (45) days from the date of passage of this Ordinance consistent 6 with the requirements of RCW 35A.14.140 and 35A.14.150. 7 8 Section 6. A certified copy of this Ordinance shall be filed with the Snohomish County Council. 9

10 Section 7. If any section, sentence, clause or phrase of this ordinance should be held to be 11 invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality 12 shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of 13 this ordinance. 14 15 Section 8. This ordinance or a summary thereof consisting of the title shall be published in the 16 official newspaper of the City. Notice of the proposed effective date of this Ordinance, together with 17 a description of the property to be annexed and other matters required by statute, shall be 18 published in accordance with RCW 35A.14.140. 19 20 PASSED BY THE CITY COUNCIL, the 11111 day of December 2017 21 22 23 24 APPROVED: 25

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28 Nicola Smith, Mayor 29 30 31 ATIEST/AUTHENTICATED: APP!Jbvrn AS TO FORM:

if)/_ &~ Rosema rson, City Attorney

32 33 34 35 36 37 38 39 40 41 42 43 44 45 FILED WITH ADMINISTRATIVE SERVICES: 46 PASSED BY THE CITY COUNCIL: 4 7 PUBLISHED: 48 EFFECTIVE DATE: 49 ORDINANCE NUMBER :

12/12/2017 12/11/2017

12/15/2017 12/20/2017 3282

3 3282

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