002-12 - Ordinance - Amending Ordinance 018-11 by Removing Tax Parcels from AnnexationCity of Port Orchard
City Clerk's Office
216 Prospect Street
Port Orchard, WA 98366
PORT ORCHARD CITY OF 201204090138
Ordinance Rec Fee: $ 71.00 page: 1 of 10
04/09/2012 10:51 AM
Walter Washington, Kitsdp Co Auditor
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PORT ORCHARD CITY OF 201201300117
Ordinance Rec Fee $ 70,00 page: 1 of 9
01/30/2012 12:23 PM
Walter Washington, Kitsap Co Auditor
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Introduced by: Development Director
Requested by: Development Director
Drafted by: Development Director
Introduced: January 24, 2012
Adopted: January 24, 2012
ORDINANCE NO. 002-12
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING ORDINANCE NO m8-ii BY REMOVING TAX PARCEL NOS.
0723oi-i-oo6-2003 AND 082301-2-001-2005 FROM THE PROPOSED
ANNEXATION AREA ORIGINALLY APPROVED IN ORDINANCE o18-1i.
PROPERTY LOCATION: SITUATED WITHIN A PORTION OF
SECTIONS 07, o8 & 17, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M.,
IN KITSAP COUNTY, WASHINGTON.
ASSESSOR'S ACCOUNT NUMBERS: o82301-1-010-2oo6, o82301-1-013-2003, 082301-
2-003-2003, o82301-2-002-2004, o82301-1-014-2002,172301-2-004-2001, 1'72301-2-
005-2000, 172301-3-004-2009, 172301-2-007-2008, 172301-2-oo6-2009, 172301-2-
003-2002, 172301-2-002-2003, and o82301-2-004-2002
WHEREAS, on November 22, 2011, the City Council approved Ordinance o18-11 which
approved the annexation of fifteen parcels totaling 619.49 acres; and
WHEREAS, included within the original area proposed for annexation were tax parcel nos.
072301-1-oo6-2003 and o82301-2-001-2005; and
WHEREAS, the County is taking the position that parcel nos. 072301-1-0o6-2003 and
o82301-2-001-2005 are not within the City's Urban Growth Area; and
WHEREAS, pursuant to RCW 35.13.150 the City Council is vested with the authority to
Ordinance No.002-12
Page 2 of 2
remove portions of a proposed annexation area; and
WHEREAS, while the City Council may disagree with the County regarding their opinion on
parcel nos. 072301-1-006-2003 and o82301-2-001-2005, the City does not want to delay the
annexation of the remaining portions of the proposed annexation area;
WHEREAS, the City Council wishes to amend Ordinance o18-11 to permit the annexation of
the remaining areas to move forward; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION 1. Ordinance o18-11 is hereby amended to remove parcel nos. 0723o1-i-oo6-
2003 and o82301-2-001-2005 from the proposed annexation area, and shall read as set forth in
Exhibit 1, attached hereto and incorporated by reference.
SECTION 2. If any section, sentence, clause or phrase of this ordinance should be held to
be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity of constitutionality of any other section, sentence,
clause or phrase of this ordinance.
SECTION 3. 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.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the City Clerk in authentication of such passage this 24th day of January 2012.
Timothy C. Matthes, Mayor
A ST:
ricia J. Kir p trick, MMC, City Clerk
APPROVgD AS TO FORM:
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Gregory A. Ja oby, City A rney
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Port Orc d, WA 98366
PORT ORCHARD CITY OF 201111290153
Ordinance Reo Fee: $ 68.00 Page: 1 of 7
11l29l2011 12:12 PM
Walter Washington, K1tsaP Co Auditor
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Introduced by: Development Director
Requested by: Development Director
Drafted by: Development Director
Introduced: November 22, 2011
Adopted: November 22, 2011
ORDINANCE NO. oi8-11
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
ANNEXING CERTAIN REAL PROPERTY TO THE CITY CONSISTING
OF APPROXIMATELY 619.49 ACRES IN THE VICINITY OF THE
INTERSECTION OF SW OLD CLIFTON ROAD AND SW FEIGLEY
ROAD, SOUTH OF SW OLD CLIFTON ROAD, AND WEST OF
MCCORMICK WOODS DRIVE SW, REQUIRING THE ANNEXED
PROPERTY TO BE ASSESSED AND TAXED AT THE SAME RATE AND
BASIS AS OTHER PROPERTY WITHIN THE CITY, ESTABLISHING
COMPREHENSIVE PLAN AND ZONING DESIGNATIONS FOR THE
PROPERTY, AND ESTABLISHING AN EFFECTIVE DATE OF THE
ANNEXATION
PROPERTY LOCATION: SITUATED WITHIN A PORTION OF
SECTIONS 07,08 & 17, TOWNSHIP 23 NORTH, RANGE 1 EAST,
W.M., IN KITSAP COUNTY, WASHINGTON.
ASSESSOR'S ACCOUNT NUMBERS: 082301-1-010-2Oo6, o82301-1-013-
2003, o82301-2-003-2003, 082301-2-002•-2004, 082301-1-014-2002,
172301-2-004-2001,172301-2-005-2000, 172301-3-004-2009, 172301-2-
007-2008, 172301-2-oo6-2009, 172301-2-003-2002, 172301-2-002-
2003, 082301-2-004-2002, 072301-1-oo6-2003 and 082301-2-001-2005
WHEREAS, on June 01, 2011, the City received a notice of intent to petition for
annexation for thirteen parcels consisting of approximately 604.13 acres located in the
vicinity of the intersection of SW Old Clifton Road and SW Feigley Road, south of SW Old
Clifton Road, and west of McCormick Woods Drive SW; and
Ordinance No. 018-11
Page 2 of 7
WHEREAS, the initiating parties are the owners of real property with a value in
excess of ten percent (10%) of the value of the property for which annexation is petitioned;
and
WHEREAS, a meeting was held on July 12, 2011, between the initiating party of
this annexation and the Council of the City of Port Orchard, at which time the Council
accepted the notice of intention to commence annexation proceedings and geographically
modified the annexation boundaries to include two City -owned properties totaling 15.36
acres, and authorized the circulation of an annexation petition for annexation of the real
property legally described and geographically depicted in Exhibit "A" attached hereto. At
the meeting the Council also determined that it would require the simultaneous adoption of
zoning and Comprehensive Plan designations, and the assumption of city indebtedness by
the area to be annexed upon annexation; and
WHEREAS, a petition to annex to the City of Port Orchard was circulated and on
September 6, 2011 was filed with the City, and was certified by the Kitsap County Assessor
as containing the signatures from owners of not less than sixty percent (6o%) in value,
according to the assessed valuation, of the property for which annexation is petitioned; and
WHEREAS, in December 2oo6 Kitsap County added the property legally described
and geographically depicted in Exhibit A to the City of Port Orchard UGA and designated
parcels 072301-1-oo6-2003 and 082301-a-001-2005 Urban Low Residential (4-9 DU/AC)
on the Zoning map and Public Facility on the Comprehensive Plan map; and designated
parcels 082301-1-013-2003 and 082301-1-010-2oo6 Urban Medium Residential (10-18
DU/Ac) on the Zoning map and Urban Medium/High Density Residential on the
Comprehensive Plan map; and designated parcels 082301-2-003-2003, 082301-2-002-
2004, 082301-1-014-2002,172301-2-004-2001, 172301-2-005-2000,172301-3-004-2009,
172301-2-007-2008,172301-2-oo6-2009,172301-2-003-2002,172301-2-002-2003, and
082301-2-004-2002 Urban CIuster Residential (4-9 DU/Ac) on the Zoning map and
Urban Low -Density Residential on the Comprehensive Plan map; 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 35.13.177 and .178, the City Council adopted
Ordinance No. 042-08 designating the proposed annexation of parcels 082301-1-013-2003
and o82301-1-010-2oo6 Residential: 12 Units/Useable Acre on the future Zoning map and
Residential: Medium Density on the future Comprehensive Plan map; and parcels 082301-
2-003-2003, o82301-2-002-2004, 082301-1-014-2002, 172301-2-004-2001, 172301-2-
005-2000,172301-3-004-2009,172301-2-007-2008,172301-2-oo6-2oog,172301-2-003-
Ordinance No. 018-11
Page 3 of 7
2002, 172301-2-002-2003, and 082301-2-004-2002 Residential: 4.5 Units/UseableAcre
on the future Zoning map and Residential: Low Density on the future Comprehensive Plan
map, to become effective upon annexation; and the parcels 072301-1-006-2oo3 and
082301--2-001-2005 are not included on the City's future annexation maps; and
WHEREAS, the Port Orchard Planning Commission held a public meeting on
September 19, 2011 and adopted Resolution 003-11 recommending approval of the petition
for annexation, with a Zoning designation of Residential: 4.5 Units/Useable Acre and
Comprehensive Plan designation of Residential: Low Density for parcels o82301-1-010-
2006, 082301-1-013-2003, 082301-2-003-2003, 082301-2-002-2004, 082301-1-014-
2002, 172301-2-004-2001,172301-2-005-2000, 172301-3-004-2009, 172301-2-007-2008,
172301-2-006-2009, 172301-2-003-2002, and 172301-2-002-2003; and a Zoning
designation of Community Facilities and a Comprehensive Plan designation of Public and
Community Spaces for parcels 072301-1-006-2003, 082301-2-001-2005, and 082301-2-
004-2002; and
WHEREAS, pursuant to RCW 35.13.140, a public hearing was held on October 11,
2011, and was duly noticed through publication in a newspaper of general circulation in the
City and the proposed annexation area, and through posting of a hearing notice in three
public places within the territory proposed for annexation, specifying the time and place of
the hearing and inviting interested persons to appear and voice approval or disapproval of
the annexation and the property's future comprehensive plan land use designation; and
WHEREAS, the City Council has been fully advised and finds that all statutory
requirements have been satisfied in order to accomplish the proposed annexation and that
it is in the best interest of the City to approve the proposed annexation as presented and
require the assumption of all or any portion of City indebtedness by the area to be annexed;
now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON,
DO ORDAIN AS FOLLOWS:
SECTION 1. The unincorporated real property located in Kitsap County,
Washington, contiguous to the City of Port Orchard and legally described and
geographically depicted in Exhibit "A" attached hereto and incorporated herein by this
reference, is hereby annexed to and made part of the City of Port Orchard, Kitsap County,
Washington.
SECTION 2. As provided in the annexation petition, all property within the
territory annexed shall be assessed and taxed at the same rate and on the same basis as
other property within the City of Port Orchard, including assessments or taxes in payment
of all or any portion of the outstanding indebtedness of the City contracted for, incurred
Ordinance No. 018-11
Page 4 of 7
prior to, or existing on, the effective date of this annexation.
SECTION Based on the findings of fact set forth in the above recitals, an interim
Zoning designation of Residential: 8 Units/UseableAcr-e and Interim Comprehensive Plan
designation of Residential: Medium Density shall be assigned to parcels 082301-1-010-
2006, 082301-1-013-2003, 082301-2-003-2003, 082301-2-002-2004, 082301-1-014-
2002, 172301-2-004-2001,172301-2-005-2000, 172301-3-004-2009,172301-2-007-2008,
172301-2-006-2009, 172301-2-003-2002, and 172301-2-002-2003; and an interim Zoning
designation of Community Facilities and an interim Comprehensive Plan designation of
Public and Community Spaces shall be assigned to parcels 072301-1-006-2003, 082301-2-
001-20o5, and o82301-2-004-2002.
SECTION 4. This annexation will become effective thirty (30) days after the
expiration of the 45-day review by Kitsap County Boundary Review Board, if the Kitsap
County Boundary Review Board's jurisdiction is not invoked. If Boundary Review Board
jurisdiction is invoked pursuant to RCW 36.93.100, then this annexation will become
effective thirty (30) days after the Boundary Review Board's approval of the proposed
annexation.
SECTIONS Pursuant to RCW 35.13.270, following adoption of this ordinance, the
Planning Department shall provide notification, by certified mail, that includes a list of
annexed parcel numbers, to the Kitsap County Treasurer and Kitsap County Assessor at
least thirty (30) days before the effective date of the annexation. The Planning Department
shall also give such notice to the Fire District and Library District, as appropriate,
simultaneously when notice of the proposed annexation is provided to the Kitsap County
Boundary Review Board,
SECTION 6. Following adoption of this ordinance, the City Clerk is hereby directed
to file a certified copy of this ordinance with the Kitsap County Board of Commissioners.
The Clerk is further directed to file a certificate of annexation with the State Office of
Financial Management as directed by RCW 35.13.260.
SECTION . Following adoption of this annexation ordinance, the City shall file a
Notice of Intent to Annex with the Kitsap County Boundary Review Board pursuant to RCW
36.93.090.
SECTION 8. If any section, sentence, clause or phrase of this ordinance should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity of constitutionality of any other section,
sentence, clause or phrase of this ordinance.
Ordinance No. o18-11
Pager, of 7
SECTION 8. 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.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor
and attested by the City Clerk in authentication of such passage this 22nd day of November
2011.
A . EST:
Ua�triciarkpa rick, MMC, City Clerk
APPROVED AS TO FORM:
Gregory A. J ob City torney
Sponsored by:
n Clauson, Councilmember
Legal Description ordinance No. 018-11
McCormick West Annexation Exhibit A
The following described areas situate within Section 5, Township 23 North, Range 1 East, W.M.,
Kitsap County, Washington, described as follows:
Old Clifton Road (County Road No. 132) as deeded to Kitsap County under Auditor's File Number
666551; EXCEPT that portion previously annexed into the City of Port Orchard under Ordinance No.
011-09;
And the following described areas situate within Section 7, Township 23 North, Range 1 East, W.M.,
Kitsap County, Washington, described as follows:
The South half of the North half of the Northeast quarter of the Northeast quarter;
And the following described areas situate within Section 8, Township 23 North, Range 1 East, W.M.,
Kitsap County, Washington, described as follows:
All of Section 8; EXCEPT that portion previously annexed into the City of Port Orchard under Ordinance
No. 011-09; And EXCEPT that portion as described in Quit Claim Deed recorded under Auditor's File
Number 9512290386;
And the following described areas situate within Section 17, Township 23 North, Range 1 East, W.M.,
Kitsap County, Washington, described as follows: -
Tracts 1 through 7, inclusive, as described in Owner's Request and Acknowledgement for 20 Acre Land
Segregations recorded under Auditor's File Number 200010310145,
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NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular
Council meeting held November 22, 2011.
ORDINANCE NO. o18-11
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, ANNEXING CERTAIN REAL PROPERTY TO THE
CITY CONSISTING OF APPROXIMATELY 619.49 ACRES IN THE
VICINITY OF THE INTERSECTION OF SW OLD CLIFTON ROAD
AND SW FEIGLEY ROAD, SOUTH OF SW OLD CLIFTON ROAD,
AND WEST OF MCCORMICK WOODS DRIVE SW, REQUIRING
THE ANNEXED PROPERTY TO BE ASSESSED AND TAXED AT
THE SAME RATE AND BASIS AS OTHER PROPERTY WITHIN THE
CITY, ESTABLISHING COMPREHENSIVE PLAN AND ZONING
DESIGNATIONS FOR THE PROPERTY, AND ESTABLISHING AN
EFFECTIVE DATE OF THE ANNEXATION
Copies of Ordinance No. 018-11 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. 018-11 will be
provided at a nominal charge.
City of Port Orchard
Patti Kirkpatrick
City Clerk
Publish: Kitsap Sun
November 25, 2011
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular
Council meeting held January 24, 2012.
ORDINANCE NO. 002-12
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, AMENDING ORDINANCE NO o18-11 BY
REMOVING TAX PARCEL NOS. 07230i-i-oo6-2003 AND
o82301-2-001-2005 FROM THE PROPOSED
ANNEXATION AREA ORIGINALLY APPROVED IN
ORDINANCE o18-11.
Copies of Ordinance No. 002-12 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. 002-12 will be
provided at a nominal charge.
City of Port Orchard
Patti Kirkpatrick
City Clerk
Publish: Kitsap Sun
January 27, 2012