010-13 - Resolution - Approving Errol Dow ApplicationIntroduced by: Development Director
Requested by: Mr. Errol Dow
Drafted by: Development Director
Reviewed by: City Attorney
Introduced: March 19, 2013
Adopted: May 14, 2013
RESOLUTION NO. 010-13
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON, APPROVING THE ERROL DOW APPLICATION
FOR A CURRENT USE CLASSIFICATION OF TIMBER LAND
Kitsap County Parcel Numbers: 032301-2-071-2005, 032301-2-070-
2006, 032301-2-061-2007, 032301-2-060-2008, 032301-2-059-2001,
032301-2-041-2002, 032301-2-002-2009; AND PORTION OF 032301-2-
044-2009, 032301-2-043-2000, 032301-2-042-2001
WHEREAS, in 1970, the Washington legislature enacted the Open Space
Taxation Act, now codified in Chapter 84.34 RCW, which allows property ow ners to
have their open space, farm and agricultural, and timber lands valued at their current
use rather than at their highest and best use; and
WHEREAS, Errol Dow is the owner of approximately 12.5 acres of forested real
property located within the Port Orchard city limits (the “Dow Property”) with a zoning
designation of “employment\office industrial” but which property is not suitable for
industrial development because of the presence of critical areas and limited onsite
access; and
WHEREAS, in compliance with RCW 84.34.041, Errol Dow has submitted an
application and timber management plan in support of his request for a current use
classification of timber land; and
WHEREAS, because the Dow Property is located within city limits, RCW
84.34.041(2) provides that the City Council and the Kitsap County Commissioners shall
take separate affirmative action regarding the application for current use classification;
and
WHEREAS, in accordance with RCW 84.34.041(2), prior to the time the Kitsap
County Commissioners take action on the Dow application, the County will publish
notice of and hold a public hearing; and
WHEREAS, the acting Director of Community Development has reviewed the
applicable statutes and regulations, the Dow application, and the timber ma nagement
plan, and recommends approval; and
Resolution No . 010-13
Page 2 of 2
WHEREAS, the City Council makes the following findings in support of its
legislative determination set forth below:
1. The applicant has submitted a complete application;
2. The timber management plan meets the requirements of Chapter 84.34
RCW;
3 . The applicant's request is consistent with the legislative declaration set
forth in RCW 84.34.010; and
4 . Classifying the Dow Property with a current use of timber land is
consistent with the goals and policies of the City's Comprehensive Plan
because it will promote the protection and enhancement of natural
systems within the City.
Now, therefore,
THE CTIY COUNCIL OF THE CTIY OF PORT ORCHARD,
WASHINGTON,HEREBYRESOLVESASFOLLOWS:
THAT: In accordance with RCW 84.34.041 and for the reasons set forth
above , the City Council does hereby approve the application of Errol Dow
for a current use classification of timber land for the Kitsap County
parcel numbers set forth above.
PASS ED 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 14th day of May 2013.
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Timothy C. tthes, Mayor