004-09 - Ordinance - Annexing Property in the Vicinity of Sedgwick Road and Bethel RoadCity of Port Orchard
Clerk's Office
216 Prospect Street
Port Orchard, WA 98366 PORT ORCHARD CITY OF 200904070132
Ordinance Rec Fee: $ 53 .00 Page : 1 of 12 04/07/2009 12 :28 PM . Walter Washington , Kitsap Co Aud itor
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PORT ORCHARD CITY OF 200904020070
Ord i nance Rec Fee: $ 53 .0° Page : 1 of 12
04/02/2009 0 1 'I1 PMKitsap Co Auditor ~\fflil ~l\i ~Ii 11111\1111111 ~M \Ill 1111111\H~ll ll! ~1111111~1\II IHI Ill~
AUDITOR'S NOTE
LE GIBILITY FOR RECORDING AND COPYING
UN SATISFACTORY IN A PORTION OF THIS
INSTRUMENT WHEN RECEIVED .
Introduced by: Development Director
Requested by: Development Director
Drafted by: Development Director
First Public Hearing: January 13, 2009
Second Pub li c Hearing: February 10, 2009
Adopted: Februa1y 10 .. 2009
ORDINANCE NO. 004-09
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
ANNEXING CERTAIN REAL PROPERTY TO THE CITY CONSISTING OF
APPROXIMATELY 64 ACRES IN THE VICINITY OF SEDGWICK ROAD
AND BETHEL ROAD, 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: Those portions of the SW¼ of the SW¼ of Section 1, the SE¼ of Section
2, the NE ¼ of Section 11, and the NW ¼ of Section 12, Township 23 North. Range 1 East, W.M.,
Kitsap County, Was hington
ASSESSOR 'SACCOGNTNUMBERS: 012301-3-129-2007, 012301-3-128-2008, 022301-4 -006-2002, . _\ ~
022301--4-035-2007, 022301-4-037-2005, 022301-4-039-2003, 022301-4-040--2000, 022301--4-~w-
040-2109, 022301-4-041-2009, 022301-4-042-2008, 022301 --4-048-2002, 022301-4-055-2002, ~ .., ,.__D\
022301-4-071-2002. 022301-4-074-2009. 022301-4-087-2004, 022301-4-088-2003, 022:301-4 -\ 1,,v--'
, \)2 089 -:wo2, 022:wi-4-094-2005, 0223c1-4-108-2009, 022301-4-109-2008, 0223oi-4-11~
C_ \,-_ ~\ ~ 0223(J1· 1 -111··2<Hl4, 02?'-10 1-4-.\ 12-:!003, 112301-1-018-2003, 112301-1·019-2002, ~-2 -053-
~, \)'"' ;)oO \ / ,-----:;...,· ,i.,...o-'<y~-?-063-~!no4, : ~.J 2-064-2003, 122301-2-087-2006, 122301-2 -088-200 5, 122·w1-2-
r.r t.:-0~;9-2004 , 1 n :w 1-::--090-:wo1, 122·3 01-2-1_191-2000, 1223 01 -2-092-2009, 112301-1-017-2004,
1 ,2301-Hi1.ti-:!005. 1:2301-1-CH5 2006, U 2J01-HJ14--20 07, n2:3 01-1-m3-2008, and 1~1-2-093-
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I 2-22:lJ I \ -;;;}-&0°
Ordinance No. 004-09
Page 2 of 11
WHEREAS, on September 5, 2008 the City Council received a notice of intent to
petition for annexation for 40 parcels consisting of approximately 64 acres located in the
vicinity of Sedgwick Road and Bethel Road, as legally described 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 (10%) of the value of the property for which annexation is petitioned;
and
WHEREAS, a meeting was held on October 14, 2008, 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 Comprehensive Plan and
zoning regulations, 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
January 9, 2009 was filed with the City, and was certified by the Kitsap County Assessor as
containing the signatures from owners of not less than seventy-five percent (75%) in value,
according to the assessed valuation, of the property for which annexation is petitioned; and
WHEREAS, in December 2006 Kitsap County added the property legally described
and geographically depicted in Exhibit "A" to the City of Port Orchard UGA and designated
the parcels on the County Comprehensive Plan as Urban High-Intensity Commercial/Mixed
Use and zoning of Highway Tourist/Commercial, with the exception of parcel 022301-4-
071-2002 which has a Comprehensive Plan and zoning designation of Urban Low
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 35.13.177 and .178, the City Council adopted
Ordinance No. 042-08 designating the proposed annexation area Commercial on the City's
Comprehensive Plan and Commercial -Retail/Office on the City's zoning map, with the
Ordinance No. 004-09
Page 3 of 11
exception of parcel 022301-4-071-2002 which has a Comprehensive Plan designation of
Residential Low Density and a zoning designation of Residential 4.5 (R4.5), 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 parcel 022301-4-071-2002 until such time as the
Comprehensive Plan amendment process for 2009 is completed and that such interim
zoning for this parcel is justified because: the parcel will be served by adequate public
sewer, water supply, roads, and other needed public facilities; the parcel is adjacent to areas
of Urban High-Intensity Commercial/Mixed Use designations within the County; and the
interim zoning designation of Commercial -Retail/ Office is consistent with the uses in the
surrounding area. ·
WHEREAS, the Port Orchard Planning Commission held a public meeting on
January 26, 2009 and adopted Resolution 001-09 recommending the proposed annexation
area be designated Commercial on the City's Comprehensive Plan and Commercial -
Retail/Office on the City's zoning map to become effective upon annexation; and
WHEREAS, pursuant to RCW 35.13.140, the City Council held public hearings on
January 13, 2009 and February 10, 2009, which hearings were duly noticed through
publication in a n ewspaper 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
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.
Ordinance No. 004-09
Page 4 of 11
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 effective date of this annexation.
SECTION 3. As provided in Ordinance No. 042-08, all property within the
territory to be annexed, except parcel 022301-4-071-2002, is hereby designated
Commercial on the Comprehensive Plan Map and Commercial -Retail/Office on the City of
Port Orchard Zoning Map.
SECTION 4. The Comprehensive Plan and Zoning designations for parcel 022301-
4-071-2002 shall be included in the City's annual Comprehensive Plan amendment process
for 2009 for review and designation as appropriate .
SECTION 5. 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 parcel 022301-4-071-2002, as depicted on Exhibit "B" attached hereto
and incorporated by this reference. Pursuant to RCW 35.63.200, ther e is hereby adopted an
interim Comprehensive Plan designation of Commercial and an interim Zoning designation
of Commercial -Retail/Office. As long as the interim zoning controls are in effect, all land
use and development within parcel 022301-4-071-2002 shall be subject to the City's land
use and development regulations in effect for Commercial -Retail/Office zoning.
SECTION 6. The interim zoning controls shall take effect upon annexation to the
City unless the City has, prior to annexation, completed its annual Comprehensive Plan
amendment process for 2009 and established Comprehensive Plan and Zoning
Designations for parcel 022301-4-071-2002. The interim zoning controls shall expire six
months from the date of annexation as defin ed in Section 7 below, unless the interim zoning
controls are shortened or extended by action of the City Council or until the effective date of
any ordinance establishing new comprehensive land use designations for parcel 022301-4-
071-2002, whichever is sooner.
SECTION 7. This annexation will become effective April 1, 2009 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
Ordinance No. 004-09
Page 5 of I l
effective on the first day of the month immediately following the Boundary Review Board's
approval of the proposed annexation.
SECTION 8. 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 of the annexation. The Planning Depaitment shall
also give such notice to the Fire District and Libra1y District, as appropriate, simultaneously
when notice of the proposed annexation is provided to the Kitsap County Boundaiy Review
Board.
SECTION 9. Following adoption of this ordinance, the City Clerk is hereby
directed to file a ce1tified 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 10. Foll0vving 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 11. If any section, sentence, clause or phrase of this ordinance should be
held to be invalid or unconstitutional by a comt 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 12. This ordinance shall be in full force and effect five (5) days after
posting and publication as required by law. A summaiy of this Ordinance may be published
in lieu of the entire ordinance, as authorized by State Law.
PASS ED 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 day o Fe · ary 2009.
APPROVED AS TO FORM: Sponsored by:
Rob Putaansuu, Councilmember
Sedgwick/Bethel Annexation
Ordinance No. 004-09
Exhibit A
Page 6 of 11
Those portions of the Southwest Quarter of the Southwest Quarter of Section 1,
Township 23 North, Range 1 East, W.M., Kitsap County, Washington , described as
follows :
Resultant Parcels A and B of Boundary Line Adjustment recorded under Auditor's File
No. 200801250070, records of Kitsap County;
AND the South 30 feet of said the Southwest Quarter of the Southwest Quarter; Except
the East 200 feet;
AND the North 10 feet of the South 40 feet of the West 100 feet of the East 300 feet of
said Southwest Quarter of the Southwest Quarter;
AND the North 20 feet of the South 50 feet of said Southwest Quarter of the Southwest
Quarter lying westerly of the easterly line of Lot B of Short Plat No. 6253 recorded under
Auditor's File No. 9305210259 and filed in Volume 9 of Short Plats, page 140, records of
Kitsap County;
AND those portions of the Southeast Quarter of Section 2, Township 23 North, Range 1
East, W.M., Kitsap County, Washington, described as follows:
The South Quarter of the Southeast Quarter of the Southeast Quarter of said Section 2;
EXCEPT that portion of said Southeast Quarter of the Southeast Quarter
described as follows:
Commencing at the southeast comer of said Section 2; thence North 1 °42'48"
East along the east line thereof 30.00 feet to the POINT OF BEGINNING;
thence continuing North 1 °42' 48" East along said east line 300.00 feet to the
easterly extension of the north line of Lot B of Short Plat No. 5254 recorded
under Auditor's File No . 9005010055 and filed in Volume 4 of Short Plats, page
228, records of Kitsap County; thence North 88°56'52" West along said easterly
extension and along said north line 264.00 feet to the northwest corner of said Lot
B; thence South 1 °42'48" West along the west line thereof 140.00 feet to the
southwest corner of said Lot B; thence South 88 °56'52" East along the south line
thereof 219.00 feet to the westerly right-of-way margin of Bethel Road SE per
Right-of-Way Deed recorded under Auditor's File No. 9510190071, records of
Kitsap County; thence South 1°42'48" West along said westerly right-of-way
margin 90.63 feet to the begi1ming of a curve convex to the southeast having a
radius of 55 feet; thence continuing southwesterly along said right-of-way margin
and along said curve an arc distance of 85.76 feet through a central angle of
89°20'20"; thence South 1 °42'48" West parallel with the east line of said
Southeast Quarter of the Southeast Quarter 15.00 feet to the north line of the
South 30 feet of said Southeast Quarter of the Southeast Quarter; thence South
88°56'52" East along said no1ih line 99.37 feet to the point of beginning;
Ordinance No. 004-09
Exhibit A
Page 7 of 11
AND that portion of the Southwest Quarter of the Southeast Quarter of said Section 2
described as follows:
Beginning at the southeast corner of said Southwest Quarter of the Southeast Quarter;
thence West 660 feet; thence North 345 feet; thence East 660 feet; thence South 345 feet
to the point of beginning;
AND the South 345 feet of the Southwest Quarter of the Southwest Quarter of the
Southeast Quarter of said Section 2;
EXCEPT the South 30 feet;
ALSO EXCEPT that portion within the City of Port Orchard;
AND Lot B of Short Plat No. 3457 recorded under Auditor's File No. 8402290097,
records of Kitsap County;
AND the East 30 feet of the South 110 feet of the North Half of the Southwest Quarter of
the Southeast Quarter of the Southeast Quarter of said Section 2;
AND the West 30 feet of the South 110 feet of the North Half of the Southeast Quarter of
the Southeast Quarter of the Southeast Quarter of said Section 2;
AND Lots A and B of Short Plat No. 3907 recorded under Auditor's File No.
8506170095, records of Kitsap County; Except that portion deeded to Kitsap County by
Right-of-Way Deed recorded under Auditor's File No. 200710090051, records of Kitsap
County;
AND Resultant Parcel RP-A of Boundary Line Adjustment recorded under Auditor's File
No. 200405130368, records of Kitsap County;
AND Parcels A,B,C,D,E, and F of Binding Site Plan recorded under Auditor's File No.
200408250298 and filed in Volume 18 of Short Plats, pages 91 thru 94, records of Kitsap
County;
AND Resultant Parcel A of Boundary Line Adjustment recorded under Auditor's File
No. 950210202, records of Kitsap County;
AND Resultant Parcels A and B of Boundary Line Adjustment recorded under Auditor's
File No. 200711160028, records of Kitsap County;
AND those portions of the Northeast Quarter of Section 11, Township 23 North, Range 1
East, W.M., Kitsap County, Washington, described as follows:
The North Quarter of the Northeast Quarter of the Northeast Quarter of said Section 11;
AND the East 30 feet of the North 838 feet of said Northeast Quarter of the Northeast
Quarter lying south of the North Quarter of said Northeast Quarter of the Northeast
Quarter;
AND that portion of the Northwest Quarter of the Northeast Quarter of said Section 11
described as follows:
Beginning at the northeast comer of said Northwest Quarter of the Northeast Quarter;
thence South 325 feet; thence West 643.6 feet; thence North 325 feet; thence East 643 .5
feet to the point of beginning; Except the West 20 feet for road; Also Except the South
125 feet of the West 325 feet of the remainder;
AND that portion of the Northwest Quarter of Section 12, Township 23 North, Range 1
East, W.M., Kitsap County, Washington, described as follows:
..• . ' , ...
Ordinance No. 004-09
Exhibit A
Page 8 of 11
Beginning at the northwest comer of said Section 12; thence South 2°18'00" West along
said west line as delineated on Survey recorded under Auditor's File No. 3200203,
records of Kitsap County a distance of 838.00 feet; thence South 88°09'00" East 663.12
feet to the west line of the West Half of the East Half of the Northwest Quarter of the
Northwest Quarter; thence South 2°10'47" West along said west line 482.99 feet to the
southwest corner of said West Half; thence South 88°05'15" East along the south line of
the Northwest Quarter of the Northwest Quarter 664.12 feet to the southeast comer of the
Northwest Quarter of the Northwest Quarter; thence North 2°03'33" East along said east
line 1320.03 feet to the northeast comer of said Northwest Quarter of the Northwest
Quarter; thence North 88°04'42" West along the north line of said Northwest Quarter of
the Northwest Quarter 1322.71 feet to the point of beginning;
EXCEPT the East 200 feet of the North 365 feet of the East Half of the East Half
of said Northwest Quarter of the Northwest Quarter.
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Future Expansio n A reas
Comprehensive Plan
-•City •°"""uGA L:!sKIAUGA
D Real Propefty Tax Aooounts
Ctty Com~alw Plan Dfflgnations
-GrMnbeH lnckxling Openspa¢e/Conservation
Residential: Low Oen$ity
-Residentl&l: M&dlum Density
-Residential: High Density
-Industrial
-Public and Community Spaces
-Comme«:ial
Map created for City of Port Orchard by:
KltNp County O.pertr'Mnt of lnfonnation S.rviclH
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-•c11y •Olhe<UGA ~=: SKIAUGA D Real Property Tax Acoounts
City Zoning Codes
-Residential R8.0 UnltsJExlstlng Moblle Home Par,.;
Residential 4.5 Unitsl\JseableAcfO
Resldentlal 8 .0 UnlWUseableActe
-Residential 12.0 Units.lVseableAae
-Residential 20.0 Units/Useable Acre
-Mixed Use Distr1ct
-Commercial • R•taiVOfflOEI
-Employment -lndustriavotr10e
-Susness,Profossional
-Community F acilities
-Greenbelt Including OpenspaoelConservatlon
Map created f or City of Port Orchard by:
Kitsap County o.p&rtrnent of Information S.rvlci ..
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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 February 10, 2009.
ORDINANCE NO. 004-09
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, ANNEXING CERTAIN REAL PROPERTY TO
THE CITY CONSISTING OF APPROXIMATELY 64 ACRES IN
THE VICINITY OF SEDGWICK ROAD AND BETHEL ROAD,
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. 004-09 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 Ordinan ce No . 004-09 will be
provided at a nominal charge .
City of Port Orchard
Patti Kirkpatrick
City Clerk
Publish : Port Orchard Independent
February 20, 2009