HomeMy WebLinkAbout06-10 - Res. Denying Res. 09-9 Belfair Water District 1 Annexation of Clifton Ridge Homeowners AssociationsRESOLUTION ûo-to
DexyrHc ResoluroN 09-9
Or Brlrl¡n Wlrrn D¡srrucr #l
ANNexlroN oF CurroN Rrocr HomrowNens AssoctATtoNs
mo Vrus oN CurroH Rrpce
WHEREAS, Betfair Water District #1 (the "District") approved Resolution 09-9 under the
authority of RCW 57.2\ and
WHEREAS, the District has submitted Resolution 09-9 to the Mason County Board of County
Commissioners (Commissioners) for consideration (RCW 57.02.040) and approval (RCW
57.02.045); and
WHEREAS, the District's Resolution seeks to annex Ctifton Ridge Homeowners Association
and the Viltas on Ctifton Ridge with the exception of parcel 123325200005 as described
therein; and
WHEREAS, the Commissioners hetd a pubtic hearing on February 2, 2010 to review the
District's Resolution, consider Staff Reports, and to provide an opportunity for testimony; and
NOW THEREFORE, the Mason County Board of County Commissioners does hereby deny
Resolution 09-9 of Belfair Water District #1 for the Annexation of Clifton Ridge Homeowners
Association and the Villas on Clifton Ridge as fu[[y described in the attached Findings of Fact.
ADOPTED by the Mason County Board of County Commissioners this -74 ¿uy of
February 2010.
Tim Shetdon, Commissioner
BOARD OF COUNTY COMMISSIONERS
ATTEST:
FINDINGS OF FACT
1. On January 8, 7010 the Mason County Board of County Commissioners (Commissioners)
received Resolution 09-9 signed by Betfair Water District #1 (the "District") approving the
annexation of the Ctifton Ridge Homeowners Association and the Vittas on Ctifton Ridge, with
the exception of parcel 123325200005.
2. The Resotution as submitted by the District provided plat maps of the areas to be
annexed together with a legat description of the subject properties.
3. Commissioners scheduled public hearing within 30 days of receipt of the Resolution in
accordance with RCW 57.02.040.
4. RCW 57.02.040(3) provides criteria for determining the appropriateness of the
proposed annexation and gives the Commissioners 60 days after hearing to either approve or
disprove the action.
5. A Staff Report was prepared utitizing the criteria and provided to the Board for their
consideration. lssues raised in this staff report inctude:
(a) The exclusion of a singte parcel (to wit: 123325200005) is in conflict with RCW
36.70A.022(12), Goat 12 of the Growth Management Act, with respect to concurrency.
All parcels with the subject area appear to be etigibte for annexation, inctuding the
specific parcel excluded.(b) The Betfair Wastewater and Water Reclamation Facitities project is currentty under
construction and scheduled to provide sewer to the annexed properties during Phase lV
of construction, inctuding the excepted parcel.
(c) Memorandum dated January 13, 2010 to the Board of County Commissioners from
Karen Herr, Mason County Auditor, noting errors in the District's Resotution with
respect to an incorrect parcel number and legal description, and impacts the lot
exemption would have on the election and levy process.
6. The Commissioners held a pubtic hearing on February 2,2010 to consider District's
Resolution 09-9 together with staff's report and public testimony.
7. At the conclusion of the pubtic hearing, Commissioners voted 3 to O to deny
District's Resolution 09-9 and deny the annexation of Ctifton Ridge Homeowners Association
and the Vittas on Ctifton Ridge with the exception rcel 1233
r, Mason of CommissionersDate F- 2- /ô