015-09 - Ordinance - Application for Current Use of Open SpaceWhen Recorded Return to:
City Clerk PORT ORCHARD CITY OF 200906250069
`� Ordinance Rao Fee: $ 45.00
Cityof Port Orchard 06/25/2009 0103 PM Page: 1 of 4
Walter Washington, Kitsap Cc Auditor
216 Prospect Street
Port Orchard, WA 98366
Introduced by:
Development Director
Requested by:
Development Director
Drafted by:
City Attorney
Introduced:
June 9, 2009
Adopted:
June 9, 2009
ORDINANCE NO. 015-09
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON APPROVING THE APPLICATION OF LAURIE
WALTON FOR CURRENT USE OPEN SPACE CLASSIFICATION
KITSAP COUNTY TAX PARCEL NOs. 352401203620oo AND
35240120372009
WHEREAS, Laurie Walton applied for current use assessment of a portion of her
property located in the City of Port Orchard, Kitsap County Tax Parcel Nos.
352401203620oo and 352401203720og; and
WHEREAS, Ms. Walton initially presented her application to Kitsap County and
Kitsap County Assessor staff did not realize, at first, that the application was for property
within the City of Port Orchard; as such Kitsap County staff followed their internal
procedure and reviewed the application and prepared a report evaluating the request; and
WHEREAS, Kitsap County Assessor's staff has generously lent their experience and
knowledge of this process to the City of Port Orchard and has provided their report to the
City for its own use; and
WHEREAS, RCW 84.34.037 requires that current use applications he processed in
Ordinance No.o15-09
PalZe 2 of
the "same manner" as a comprehensive plan amendment; and
WHEREAS, pursuant to the City's comprehensive plan amendment process, a
public meeting on this application was held by the City of Port Orchard Planning
Commission on May 18, 20o9; and
WHEREAS, the City Council has received the staff report recommending approval
of the Current Use Assessment request as limited and conditioned in the recommendations
presented in the report generated by Kitsap County Assessor's staff; and
WHEREAS, on May 26, 2009, the City Council held a public hearing on the
application and took public comment; and
WHEREAS, the City Council desires to approve the Current Use Assessment
request of Laurie Walton for Kitsap County Tax Parcel Nos. 3524012036200o and
35240120372009, subject to conditions as recommended by the Assessor; and
WHEREAS, RCW Chapter 84.34.037 provides that Current Use Assessment
requests shall be acted upon by the granting authority of three members of the County
legislative body and three members of the City legislative body in which the land is located;
now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON,
DO ORDAIN AS FOLLOWS:
SECTION i. The City Council hereby adopts the findings, conclusions and
recommendation as prepared by Kitsap County Assessor's staff for the Laurie Walton
Application for Current Use Open Space Classification for Kitsap County Tax Parcel Nos.
35240120362000 and 35240120372009. The Assessor's report is hereby incorporated by
reference.
SECTION 2. Grant of Approval. The City Council hereby approves the
designation of the Laurie Walton property as Open Space and approves the Current Use
Assessment request for Kitsap County Tax Parcel Nos. 352401203620oo and
35240120372009 subject to the twelve conditions set forth in the Kitsap County Assessor's
report.
SECTION 3. City Council directs staff to present this Ordinance to the Board
of County Commissioners at the next available date for review and concurrence pursuant to
RCW Chapter 84.34.037•
Ordinance No.015-09
Page q of q
SECTION d. Subject to review by the City Attorney, the City Council
authorizes the Mayor to execute all documents necessary to effectuate the approval of this
application.
SECTION,. Upon request by the City, County, or State of Washington,
Applicant shall execute and record all documents necessary to effectuate the approval of
this application. This approval shall not be effective until all necessary documents are
executed and when required recorded with the County Auditor.
SECTION 6. 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 7. 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 maybe 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 9�Pday opunp/2oo9.
Lary
ATTEST:
Patricia J. Ki patri , CMC, City Clerk
APPROVED AS TO FORM:
0
Gregory A J cob , "ity Attorney ohn Clauson, Councilmember
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 9, 2009.
ORDINANCE NO. 015-09
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON APPROVING THE APPLICATION OF LAURIE
WALTON FOR CURRENT USE OPEN SPACE CLASSIFICATION
Copies of Ordinance No. 015-09 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. 015-09 will be
provided at a nominal charge.
City of Port Orchard
Patti Kirkpatrick
City Clerk
Publish: Port Orchard Independent
June 19, 2009