002-09 - Ordinance - Annexing Real Property of 4538-010-005-0007City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
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PORT ORCHARD CITY OF 200902250078
Ordinance Rao Fee: $ 48.00
02/25/2009 01:08 PM Page: 1 of 7
Walter Washington, Kitsap Cc Auditor
11111111111111111 IN I I I I I I I I I I I I I IN 1111111111111111111111111111111111111111111 IN
PORT ORCHARD CITY OF 200902120112
Ordinance Rao Fee: $ 48.00
02/12/2009 02:56 PM Page: 1 of 7
W ltar Washington, Kitsap Cc Auditor
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Introduced by:
Requested by:
Drafted by:
First Public Hearing:
Second Public Hearing:
Discussion:
Adopted:
ORDINANCE NO. oo2-og
Development Director
Development Director
Development Director
November 25, 2oo8
January 27, 2009
January 27, 2009
January 27, 2009
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, ANNEXING CERTAIN REAL PROPERTY TO THE
CITY, REQUIRING THE ANNEXED PROPERTY TO BE ASSESSED
AND TAXED AT THE SAME RATE AND BASIS AS OTHER
PROPERTY WITHIN THE CITY, AND ESTABLISHING
COMPREHENSIVE PLAN AND ZONING DESIGNATIONS FOR THE
PROPERTY, DESIGNATING PROPERTY MEDIUM DENSITY
RESIDENTIAL ON THE CITY OF PORT ORCHARD
COMPREHENSIVE PLAN MAP AND RESIDENTILA 12 DWELLING
UNITS PER ACRE (R-12) ON THE CITY OF PORT ORCHARD
ZONING MAP, TO BECOME EFFECTIVE UPON ANNEXATION. THE
PROPERTY IS LOCATED IN THE SW 1/4 OF THE NE 1/4 SECTION
25, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP
COUNTY, WASHINGTON
ASSESSORS ACCOUNT NUMBER: 4538-010-005-0007
WHEREAS, The City Council was notified in writing by the owner of i00% in
value of the real property legally described and geographically depicted in Exhibit `W
attached hereto, of the owner's intention to commence annexation proceedings; and
WHEREAS, a meeting was held on the 27th day of May, 2oo8, between the
initiating party of this annexation and the Council of the City of Port Orchard, at which
Ordinance No. 002-09
Page 2 of 6
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
comprehensive plan and zoning regulations, and the assumption of city indebtedness by
the area to be annexed upon annexation; and
WHEREAS, the Property is comprised of three parcels totaling approximately
4.16 acres contiguous to the City limits, located at the east terminus of East 4tn Street, and
WHEREAS, the petition was circulated, filed with the City Council, and certified
by the County Assessor as containing the signatures of owners as set forth in RCW
35.21.005, of l00% in value, according to the assessed valuation for general taxation, of the
property to be annexed; and
WHEREAS, the City properly filed a Notice of Intention and related documents
with the Kitsap County Boundary Review Board, and the proposed action was deemed
approved by the Board on January 8, 2009; and
WHEREAS, in December 2oo6 Kitsap County added the property legally
described and geographically depicted in Exhibit 'A" ("the Property") to the City of Port
Orchard UGA and designating the Property on the county comprehensive plan as Urban
Low Density Residential; 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 36.7oA.130(2)(b), after appropriate public
participation a city may adopt amendments or revisions to its comprehensive plan
whenever an emergency exists; and
WHEREAS, the Planning Commission held a Public Meeting for the pre -
annexation comp plan/zoning designation on July 21, 2oo8 and recommended that the
City Council designate the Property Medium Density Residential on the City of Port
Orchard Comprehensive Plan Map and Residential 12 dwelling units per acre (R-12), to
become effective upon annexation; and
WHEREAS, pursuant to RCW 35.13.177 and 35.13.178, the Port Orchard Planning
Commission adopted Resolution oo6-o8, recommending the designation of the proposed
annexation area Medium Density Residential on the City of Port Orchard Comprehensive
Plan Map and Residential 123 dwelling units per acre (R-12), on the City of Port Orchard
Zoning Map, to become effective upon annexation; and
WHEREAS; pursuant to RCW 35.13.14o, a public hearing was held on December
23, 2oo8, which hearing was duly noticed through publication in a newspaper of general
Ordinance No. 002-09
Page 3 of 6
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
WHEREAS, the City Council has been fully advised and finds that all statutory
requirements have been satisfied in order to accomplish the proposed annexation; now
therefore
WHEREAS, being fully advised, the Council finds and concludes as follows:
FINDINGS
1. A Petition for Annexation of the Property into the City was received on June 27,
20o8.
2. The Property is located with the City's Urban Growth Area and is contiguous to the
City limits.
3. The Property is currently designated Urban Low Density Residential in the County
Comprehensive Plan and Urban Low in the County zoning map.
4. The Property will be served by adequate public sewer, water supply, roads, and
other needed public facilities and services.
5. The Property may have access from East 4th Street.
6. The Property is adjacent to Community Facility (CF) zoned areas and is in close
proximity to R-12. The applicant expects to develop the property at a density of 12
units per acre.
7. The GMA requires that upon adoption of an annexation request, the City give a
Comprehensive Plan and Zoning designation to the subject properties. The city is
designating this parcel and Medium Density Residential on the Comprehensive
Plan map and Residential 12 dwelling units per acre on the Zoning map in
conformance with GMA requirements.
8. The purpose of the R-12 zoning designation is to provide for the broadest mix of
residential uses including single-family attached and detached and multi -family
residences.
CONCLUSIONS
1. Medium Density Residential is the most appropriate comprehensive plan
designation for the Property. Designating the parcel Medium Density Residential is
in conformance with the goals and policies of the Comprehensive Plan and the
Growth Management Act.
2. Designating the Property Medium Density Residential in furtherance of the health,
safety, and general welfare of the community.
3. Zoning the property Residential 12 Units per acre, (R-12) is consistent with the
City's Zoning Ordinance and Comprehensive Plan, and is in furtherance of the
health, safety, and general welfare of the community.
4. An emergency exists, justifying an exception to the requirement that amendments
or revisions to a comprehensive plan be considered no more frequently than once
every year.
Ordinance No. 002-09
Page 4 of 6
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
prior to, or existing on, the date of annexation.
SECTION.n. As provided in Ordinance No. 002-09, all property within the
territory annexed is hereby designated Medium Density Residential on the
Comprehensive Plan Map and Residential 12 dwelling units per acre (R-12) on the City of
Port Orchard Zoning Map.
SECTION 4. 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 3.13.26o, and to provide such other notice of this annexation as required by law.
SECTION 5. The amendment to the Comprehensive Plan Map is declared an
emergency under RCW 36.7oA.130(2)(b).
SECTION 6. The City of Port Orchard Comprehensive Plan Map, adopted by
Ordinance No. 042-o8, is hereby amended by adding the property described in Exhibit "A'
and designating it Medium Density Residential, to become effective upon annexation.
SECTION 7. The City of Port Orchard Zoning Map, adopted by Ordinance No.
042-o8, is hereby amended by adding the property described in Exhibit "A' and classifying
it as Residential 12 dwelling units per acre (R-12) to become effective upon annexation.
SECTION 8. Severability. If any section, subsection, paragraph, sentence, clause,
or phrase of this Ordinance is declared unconstitutional or invalid for any reason, such
decision shall not affect the validity of the remaining portions of this ordinance.
SECTION o. This Ordinance shall be in full force and effect five (g) 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,
attested by the City Clerk in authentication of such passage thiq 2
ATTEST: /
( `f
Patricia J. ldr atrick, City Clerk
APPROVED AS TO FORM:
-Auu'4�
Greg A. Ja b , City 0orney
Ordinance No. 002-09
Page .r; of 6
the Mayof and
Sponsored by:
AohnClauson, Councilmember
Ordinance No. 002-09
EXHIBIT A Page 6 Of 6
Revised
Legal Description approved by Kitsap County Department of Public Works:
That portion of Gaffner Park in Gaffners Garden Tracts, according to the Plat recorded in Volume 2 of
plats, Page 61, records of Kitsap County, Washington described as follows:
Beginning at the Southeast corner of said Gaffner Park; thence Northerly along the Westerly line of
Olney Road 300 feet, more or less, to the Southeast corner of a tract conveyed to Elmer Hiller by deed
bearing Auditor's File No. 492054; thence West 400 feet; thence Northerly, parallel with Olney Road 440
feet; thence West to the Easterly line of Daniel Avenue; thence South to the Southwest corner of
Gaffner Park; thence East to the point of beginning;
Except roads;
And Except that portion conveyed to Jolly Perdue and Patricia Perdue recorded under Auditor's File No.
1115409 described as follows:
Beginning at the Southeast corner of Gaffner Park; thence Northerly along the Westerly line of
Olney Avenue 300 feet, more or less, to the Southeast corner of tract conveyed to Elmer Hiller
recorded under Auditor's File No. 492054; thence West 400 feet; thence Southerly to a point
400 feet West of the point of beginning; thence Easterly along the South line of Gaffner Park 400
feet to the point of beginning;
Together with that portion of vacated Daniel Avenue which would attach by operation of law.
ATTACHMENT A
Revised December 09, 2008
EXHIBIT A
PARCEL 4538-010-005-0007
Ordinance No. 002-09
Page 6 of 6
A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 25,
TOWNSHIP 24 NORTH, RANGE 1 EAST W.M. SITUATED IN KITSAP COUNTY, WASHINGTON MORE
PARTICULAR DESCRIBED AS FOLLOWS:
BEING A PORTION OF GAFFNER'S GARDEN TRACTS, ACCORDING TO THE PLAT RECORDED IN
VOLUME 2 OF PLATS AT PAGE 61, IN THE OFFICE OF THE KITSAP COUNTY AUDITOR, IN SAID
KITSAP COUNTY AND MORE PARTICULAR DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID GAFFNER PARK; THENCE ALONG THE
WESTERLY LINE OF OLNEY ROAD 300 FEET, MORE OF LESS, TO THE SOUTHEAST CORNER OF A
TRACT CONVEYER TO ELMER HILLER BY DEED BEARING AUDITOR'S FILE NO. 492054; THENCE
WEST 400 FEET; THENCE NORTHERLY PARALLEL TO OLNEY ROAD 440 FEET; THENCE WEST TO
THE EASTERLY LINE OF DANIEL AVENUE; THENCE SOUTH ALONG SAID EASTERLY LINETO THE
SOUTHWEST CORNER OF GAFFNER PARK; THENCE EAST ALONG THE SOUTH LINE OF GAFFNER
PARK TO THE POINT OF BEGINNING;
EXCEPT THAT PORTION FOR 4T" STREET;
AND EXCEPTTHAT PORTION THEREOF DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID GAFFNER PARK; THENCE NORTHERLY ALONG
THE WESTERLY LINE OF OLNEY ROAD 300 FEET, MORE OR LESS, TO THE SOUTHEAST CORNER OF
ATRACT CONVEYED TO ELMER HILLER BY DEED BEARING AUDITOR'S FILE NO.492054; THENCE
WEST 400 FEET; THENCE SOUTHERLY TO A POINT ON THE SOUTH LINE OF SAID GAFFNER PARK
400 FEET WEST OTHE TRUE POINT OF BEGINNING; THENCE EAST 400 FEET TO THE TRUE POINT
OF BEGINNING;
TOGETHER WITH TAT PORION OF VACATED DANIEL AVENUE WHICH WOULD ATTACH BY
OPERATION OF LAW.
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 27, 2009.
ORDINANCE NO. 002-09
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
ANNEXING CERTAIN REAL PROPERTY TO THE CITY, REQUIRING THE
ANNEXED PROPERTY TO BE ASSESSED AND TAXED AT THE SAME RATE
AND BASIS AS OTHER PROPERTY WITHIN THE CITY, AND ESTABLISHING
COMPREHENSIVE PLAN AND ZONING DESIGNATIONS FOR THE PROPERTY,
DESIGNATING PROPERTY MEDIUM DENSITY RESIDENTIAL ON THE CITY
OF PORT ORCHARD COMPREHENSIVE PLAN MAP AND RESIDENTILA 12
DWELLING UNITS PER ACRE (R-12) ON THE CITY OF PORT ORCHARD
ZONING MAP, TO BECOME EFFECTIVE UPON ANNEXATION. THE PROPERTY
IS LOCATED IN THE SW I/4 OF THE NE 1/4 SECTION 25, TOWNSHIP 24
NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON
Copies of Ordinance No. 002-09 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. 002-09 will be
provided at a nominal charge.
City of Port Orchard
Patti Kirkpatrick
City Clerk
Publish: Port Orchard Independent
February 6, 2009