012-10 - Ordinance - Annexing Sedgwick Road and State Route 16City of Port Orchard PORT ORCHARD CITY OF 201009090113
`J Ordinance Rao Fee: $ 69.00
City Clerk's Office 09/09/2010 12:38 PM Page 1 of e
Waller Washington, Kilsap Co Auditor
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Port Orchard, WA 98366
Introduced by: Development Director
Requested by: Development Director
Drafted by: Development Director
Introduced: June 22, 2010
Adopted: June 22, 2010
ORDINANCE NO. 012-10
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
ANNEXING CERTAIN REAL PROPERTY TO THE CITY CONSISTING OF
APPROXIMATELY 95.11 ACRES IN THE VICINITY OF SEDGWICK ROAD
AND STATE ROUTE 16, 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 SECTION io
AND SECTION ii, TOWNSHIP 23 NORTH, RANGE i EAST,
W.M., KITSAP COUNTY, WASHINGTON.
ASSESSOR'S ACCOUNT NUMBERS: 112301-3-010-2007, 112301-3-009-
2000,112301-3-003-2oo6,112301-3-o48-2003,112301-3-005-2004,112301-
3-047-2004, 112301-3-oo8-2001, 112301-3-011-2oo6, 112301-3-012-2005,
112301-3-014-2003,112301-3-o40-2001,102301-4-017-2009,102301-4-023-
2001,102301-4-051-2oo6,102301-4-052-2005,102301-4-053-2004,4800-
000-023-o1o6,4800-000-023-o2o5,1123o1-3-002-2007,48o0-000-024-
0006, 4800-000-013-0009,4800-000-ol2-0000,4800-000-009-0005,
and 4800-000-025-0005.
Ordinance No. 012-10
Page 2 of 8
WHEREAS, on February 18, 2010, the City received a notice of intent to petition for
annexation for twenty four parcels consisting of approximately 95.11 acres located in the vicinity of
Sedgwick Road (State Route 16o) and State Route 16, as legally described and geographically
depicted in Exhibit "A" attached hereto and incorporated by this reference; and
WHEREAS, the initiating parties are the owners of real property with a value in excess of
ten percent (io%) of the value of the property for which annexation is petitioned; and
WHEREAS, a meeting was held on March 23, 2olo, between the initiating parties 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 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 May i9,
2010 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
112301-3-010-2007,112301-3-009-2000,112301-3-003-2oo6,112301-3-048-2003,112301-3-005-
2004,112301-3-047-2004,112301-3-008-2001,112301-3-011-2oo6,112301-3-012-2005,112301-3-
014-2003, 112301-3-040-2001, 102301-4-017-2009, 102301-4-023-2001, 102301-4-051-2oo6,
102301-4-052-2005, 102301-4-053-2004, 4800-000-023-01o6, and 112301-3-002-2007
Highway/Tourist Commercial (HTC) on the Comprehensive Plan map and Highway/Tourist
Commercial (10-3o DU/Ac) on the zoning map; and designated Parcels 4800-000-024-0oo6, 4800-
000-013-0009,4800-000-012-0000,48o0-000-009-0005,4800-000-023-o2o5,and4800-000-
025-0005 Urban Low -Density Residential on the County Comprehensive Plan map and Urban Low
Residential (4-9 DU/Ac) on the County zoning 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-o8 designating the proposed annexation Commercial on the City's Comprehensive Plan and
Commercial Retail/Office zoning on the City's zoning map for Tax Parcels 112301-3-010-2007,
112301-3-009-2000,112301-3-003-2oo6,112301-3-048-2003,112301-3-005-2004,112301-3-047-
2004,112301-3-008-2001,112301-3-011-2oo6,112301-3-012-2005,112301-3-014-2003,112301-3-
040-2001, 102301-4-017-2009, 102301-4-023-2001, 102301-4-051-2oo6, 102301-4-052-2005,
102301-4-053-2004, 4800-000-023-o1o6, and 112301-3-002-2007;and designating Low Density
on the City's Comprehensive Plan and Residential: `R4.5" on the City's zoning map for Tax Parcels
4800-000-023-0205, 4800-000-024-0oo6, 4800-000-o09-0005, 4800-000-013-0009, 4800-
Ordinance No. 012-10
Page 3 of 8
000-012-0000, and 4800-000-025-0005, to become effective upon annexation; and
WHEREAS, the Port Orchard Planning Commission held a public meeting on June 21, 2010
and adopted Resolution 003-10 recommending approval of the petition for annexation, with a
Comprehensive Plan designation of Commercial and Commercial Retail/Office zoning for Tax
Parcels 112301-3-010-2007,112301-3-oo9-2000,112301-3-oo3-2oo6,112301-3-048-2003,112301-
3-005-2004, 112301-3-047-2004, 112301-3-008-2001, 112301-3-011-2oo6, 112301-3-012-2005,
112301-3-014-2003,112301-3-040-2001,102301-4-017-2009,102301-4-023-2001,102301-4-051-
2oo6,102301-4-052-2005,102301-4-053-2004, 4800-000-023-olo6, and 112301-3-002-2007; a
Comprehensive Plan designation of Residential: High Density and R2o zoning for Tax Parcels 4800-
000-023-0205 , 4800-000-024-0006, and 4800-000-oo9-0005; and a Comprehensive Plan
designation of Residential: Low Density and R4.5 zoning for Tax Parcels 4800-000-013-0009,
4800-000-012-0000, and 4800-000-025-0005, to become effective upon annexation; and
WHEREAS, pursuant to RCW 35.63.200, the City Council finds it is necessary to adopt
interim zoning controls for parcels 4800-000-023-0205, 4800-000-024-0006, and 4800-000-oo9-
0005 until such time as the Comprehensive Plan amendment process for 2010 is completed and that
such interim zoning for these parcels is justified because: the parcels will be served by adequate
public sewer, water supply, roads, and other needed public facilities; the parcels are adjacent to areas
of Urban High -Intensity Commercial/Mixed Use and Residential/High Density designations within
the City; and the interim zoning designation of "R2o" single/multiple family detached/attached for
parcels 4800-000-023-0205, 4800-000-024-0006, and 4800-000-009-0005 is consistent with the
uses in the surrounding area.
WHEREAS, pursuant to RCW 35.13.140, a public hearing was held on June 22, 201o, 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
Ordinance No. 012-10
Page 4 of 8
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 prior to, or existing on, the effective
date of this annexation.
SECTION R. Based on the findings of fact set forth in the above recitals, the City Council
hereby determines that an emergency exists justifying the adoption of interim zoning controls for
parcels 4800-000-023-0205, 4800-000-024-0006, and 4800-000-009-0005, as depicted on
Exhibit "B" attached hereto and incorporated by this reference. Pursuant to RCW 35.63.200, there is
hereby adopted an interim Comprehensive Plan designation of Residential: High Density and an
interim Zoning designation of "R2o" for parcels 48o0-000-023-0205, 4800-000-024-0006, and
4800-000-009-0005. As long as the interim zoning controls are in effect, all land use and
development within the Property shall be subject to the City's land use and development regulations
in effect for "R2o" single/multiple family detached/attached zoning.
SECTION a. The interim Comprehensive Plan designation of Residential: High Density and
Zoning designation of "R2o" single/multiple family detached/attached for parcels 4800-000-023-
0205, 4800-000-024-0006, and 4800-000-009-0005 shall be included in the City's annual
Comprehensive Plan amendment process for 2010 for review and designation as appropriate. The
interim zoning controls shall take effect upon annexation to the City.
SECTIONS. This annexation will become effective thirty (3o) 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 (3o) days after the Boundary
Review Board's approval of the proposed annexation.
SECTION 6. 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 (3o) 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 7. 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 35.13.26o.
SECTION 8. 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 o. 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. 012-10
Page 5 of 8
SECTION io. 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 Clerk in authentication of such passage this 22nd day of June 2010.
A T:
Patricia 4KGirkrick, eMC, City Clerk
APPROVED AS TO FORM:
Gregory A ac by, Ci Attorney
Ordinance No. 012-10
Page 6 of 8
Exhibit A
Legal Description
South Sedgwick Annexation
Those portions of Section 11, Township 23 North, Range I East, W.M., Kitsap County, Washington, described as
follows:
The East Three -Quarters of the North Quarter of the Southwest Quarter;
And Lots B and C of Short Plat No. 382 recorded under Auditor's File No. 1118531, records of Kitsap County;
And all that portion of Sidney Road lying within the South 400 feet of the Northwest Quarter of the Southwest Quarter;
AND those portions of the plat of Richland Acre Tracts, recorded in Volume 3 of Plats, page 18, records of Kitsap
County, Washington, described as follows:
Beginning at the northwest comer of Tract 8 of the plat of Richland Acre Tracts, recorded in Volume 3 of Plats, page 18,
records of Kitsap County; thence easterly along the north line thereof 15 feet; thence southerly along the east line of the
West 15 feet of said Tract 8 to the north line of that parcel deeded to Kitsap County by State of Washington Highway
Commission Deed recorded under Auditor's File No. 1117232, records of Kitsap County and being a point opposite and
easterly of Highway Engineer's Station B 3+00 as depicted on Sheet 14 of that Right -of -Way and Limited Access Plan
titled SR16, Olympic Drive to Tremont Street, dated January 18, 1974 and filed in the office of the Department of
Highways, Olympia, Washington; thence easterly along said north line to a point opposite Station B 3+00 and 25 feet
easterly therefrom; thence southerly in a straight line to a point opposite Station A 2+19 as depicted on said plan; thence
southwesterly on a line perpendicular to the NB line as depicted on said plan to the northeasterly right-of-way margin of
SR 16; thence northwesterly along said right-of-way margin to the north line of Tract 13 of said plat; thence easterly
along said north line and the easterly extension thereof to the point of beginning;
And Tracts 23 and 24 and the West 30 feet adjoining;
Except the North 50 feet of Tract 24;
And Tracts 25 and 26 and the East 15 feet adjoining;
Except that portion previously annexed into the City of Port Orchard under Ordinance No. 008-09;
And all those portions ofthe following described parcels lying northeasterly of the northeasterly right-of-way margin of
SR 16:
Tracts 9 thru 12 '/,, inclusive, and the East 15 feet adjoining;
Tract 22;
Cedar Road (platted as County Road) lying between Tracts 12 and 12'h;
AND all that portion of Ferate Avenue (platted as Jackson Street) lying within the plat of Bremerhust, recorded in
Volume 3, page 49, records of Kitsap County, Washington;
AND that portion of Section 10, Township 23 North, Range I East, W.M., Kitsap County, Washington, described as
follows:
The North Half of the Southeast Quarter;
Except any portion of Glenwood Road SW and SW Sedgwick Road lying southwesterly of the following described line:
Beginning at the southwest comer of Lot B of Short Plat No. 6678-R1, recorded under Auditor's File No. 3224933, and
filed in Volume 15 of Short Plats, page 228, records of Kitsap County, and being a point on a curve on the southeasterly
right-of-way margin of SW Sedgwick Road; thence on a radial bearing to said curve northwesterly to the northwesterly
Ordinance No. 012-10
Page 7 of 8
right-of-way margin of NW Glenwood Road and the terminus;
Also Except those portions previously annexed into the City of Port Orchard under Ordinance Nos. 1659, 1900, 022-08,
024-07,and 030-07.
Ordinance 012-10
Page 8 of 8
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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 June 22, 2010.
ORDINANCE NO. o t2-io
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
ANNEXING CERTAIN REAL PROPERTY TO THE CITY CONSISTING OF
APPROXIMATELY 95.11 ACRES IN THE VICINITY OF SEDGWICK ROAD
AND STATE ROUTE 16, 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. 012-10 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. 012-10 will be
provided at a nominal charge.
City of Port Orchard
Patti Kirkpatrick
City Clerk
Publish: Port Orchard Independent
July 2, 2010