047-08 - Ordinance - Annexation of Jahnke-BiehlCity of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
PORT ORCHARD CITY OF 200901200129
Ordinance Rec Fee $ 49 00 FaSe, � of a
O1f20l2609 01,07 PM
Walter Washi119t0n Kif ap Gc Audi tar
1111111 1111 III 1E ll11111 IN 1K fill 1i111 lull IIITI III IIIII 1111 1111111
ORDINANCE NO.047-08
AN ORDINANCE Of THE CITY OF PORT ORCHARD, WASH'INGTON,
ANNEXING CERTAIN REAL PROPERTY TO T14E 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
'41�
THE PROPERTY IS LOCATEDI' 'iNCTION 31, TOVL)NSHIP 24 NORTH,
RANGE 2 EAST, W.M., IN KITSAP COUNTY, WASHINGTON
ASSESSORS ACCOUNT NUMBER: 312402-2-005-2000, 312402-2-003-2002,
.AND 312402-2-016-2007
WHEREAS, The City Council was notified in writing by the owner of 100% in value of the
real property legally described and geographically depicted in Exhibit "A" attached to }Manning
Commission Resolution No. 005-08, which Resolution is attached hereto as Exhibit 1, of the owner's
intention to commence annexation proceedings; and
WHEREAS, a meeting was held on the 22"1 day of April, 2008, 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 authorized the circulation of an annexation
petition t:or annexation of the real properly legally described and geographically depicted in Exhibit "A"
as referenced above {hereinafter the "Property"). 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 5.29 acres
contiguous to the City limits, located south of the intersection of Mile Hill Drive and Payseno Lane; and
WHEREAS, the petition was circulated, tiled 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
Ordinance No. 047-08
Page 2 of 4
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
December 11, 2008; and
WHEREAS, in December 2006 Kitsap County added the Property to the City of fort Orchard
UGA and designated the Property on the county comprehensive plan as Urban High Intensity
Commercial/Mixed Use; and
WHEREAS, Section VI.-4 of the City's Comprehensive Plan provides that newly annexed
parcels will be given the most similarly corresponding designation which the parcel has under County
jurisdiction; 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 36.70A.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, 2008 and recommended that the City Council designate the Property
Commercial on the City of Port Orchard Comprehensive Plan Map and Commercial — Retail and Office
(Co) and residential single/multiple family detached/attached zone (R20) on the City of Port Orchard
Zoning Map, to become effective upon annexation; and
WHEREAS, pursuant to RCW 35.13,177 and 35.1.3.178, the Port Orchard Planning
Commission adopted Resolution 005-08, recommending Tax Parcel Number 31.2402-005-2000 be
designated High Density Residential on the City of Port Orchard. Comprehensive Plan Map and R20 on
the City's Zoning Map and further that Tax .Parcel Numbers 312402-2-003-2002 and 312402-2-016-
2007 be designated Commercial on the Comprehensive Plan Map and Commercial —Retail and Office
on the City of Port Orchard. Zoning Map, to become effective upon annexation; and
WHEREAS, pursuant to RCW 35,13,178, the City Council held two properly noticed public
hearings on the proposed comprehensive plan and zoning designations on November 12, 2008 and
December 23, 2008, the second of which was adjourned to December 30, 2008; and
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, 2008.
2. The Property is located with the City's Urban Growth Area and is contiguous to the City limits.
The Property is currently designated Urban high Intensity Commercial/Mixed Use in the
County Comprehensive Plan and Highway Tourist Commercial in the County zoning map.
4. The Property will be served by adequate public sewer, water supply, roads, andother needed
public facilities and services.
Ordinance No. 047-08
Page 3 of 4
5. The Property may have access from Mile Hill Drive and/or Payseno Lane.
6. The Property is adjacent to commercial zoned areas. The applicant proposes to extend
commercial development on the Property.
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's Comprehensive Plan, as
adopted by Ordinance No. 1634, requires the City to designate newly annexed property with the
most similarly corresponding designation which the parcels had under County jurisdiction.
Under the City's Comprehensive Plan, the most similar designation for the Property is
Commercial and a zoning classification of Commercial -Retail and Office conforms with GMA
requirements and the City's Comprehensive Plan
8. The purpose of the Commercial designation is to provide for the broadest mix of retail, service,
office, and commercial recreation/cultural uses serving Port Orchard and surrounding market
areas while offering significant employment opportunities.
CONCLUSIONS
Commercial is the most appropriate Comprehensive Plan designation for the Property.
Designating the Property Commercial is in conformance with the goals and policies of the
Comprehensive Plan and the Growth Management Act,
2. Designating the Property Comn-.ercial is in furtherance of the health, safety, and general welfare
of the coanmun.ity.
3. Zoning the Property Commercial --- Retail and Office (Co), 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.
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
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 to Planning Commission Resolution No. 005-08, which Resolution is attached hereto as Exhibit
1 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.
Ordinance No. 047-08
Page. 4 of 4
SECTION 3. The City Cleric 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, and. to
provide such other notice of this annexation as required by law.
SECTION 4. The City of fort Orchard Comprehensive flan Map, adopted by Ordinance No.
1634, is hereby amended by adding the property described in Exhibit "A" and designating it
Commercial.
SECTION 5. The City of Port Orchard Zoning Map, adopted by Ordinance No. 1.748, is hereby
amended by adding the property described in Exhibit "A" and classifying it Commercial -Retail and
Office (Co).
SECTION G. Severability. If any section, subsection, paragraph, sentence, clause, or phrase
of this Ordinance is declared unconstitutional or invalidfor any reason, such decision shall not affect the
validity of the remaining portions 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 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, signed by the Mayor and attested by
the City Clerk in authentication of such passage this 30th day of December 2008. ... _1
ATTESTr�l: ,
l I AIJ
g
Oatricia J. Kirk4frickrdty Clerk
APPROVED AS TO FOWIA:
_'Iwaa'
Greg A. co y, UtAttorney
Sponsored by:
4
hn Clauson, Councilmember
ATTACHMENT
1 Y /:
Jahnke-Biehl Petition for Annexation to the City of Fort Orchard, Washington
Port Orchard File No, A-11-08
Tax parcel numbers: 312402-2-005-2000, 312402-2-01 6-2007, 312402-2-003-2002
The no Uh ha€f of the Northwest quarter of the Northwest quarter of SectiG 31, Town ship 24
North, Range 2 East, W.M., Kitsap County, Washington; Except Mile Hill Drive; And except the
south 200 feet; And except the west 630 feet; And the north 198 feet of the south 462 feet of
the east 300 feet of the west 630 feet of the north half of the Northwest quarter of the
Northwest quarter of said Section 31.
CITY OF PORT ORCHARD
PLANNING COMMISSION
RESOLUTION NO. 005-08
A RESOLUTION OF THE CITY OF PORT ORCHARD PLANNING COMMISSION
DESIGNATING PROPERTY COMMERCIAL AND HIGH DENSITY RESIDENTIAL ON THE
CITY OF PORT ORCHARD COMPREHENSIVE PLAN MAP AND COMMERCIAL —
RETAIL/OFFICE AND RESIDENTIAL 20 (R20) ON THE CITY OF PORT ORCHARD
ZONING MAP, TO BECOME EFFECTIVE UPON ANNEXATION, THE PROPERTY IS
LOCATED AT THE SOUTH OF MILE HILL DRIVE AT THE INTERSECTION OF MILE
HILL DRIVE AND PAYSENO LANE, IN SECTION 31, TOWNSHIP 24 NORTH, RANGE 2
EAST, W.M., IN KITSAP COUNTY, WASHINGTON
TAX PARCEL NO.: 312402-2-005-2000, 312402-2-003-2002,
AND 312402-2-016-2007
WHEREAS, the applicants submitted a petition for annexation of three parcels, totaling
approximately 5.29 acres, located south of Mile Hill Drive at the intersection of Mile Hill Drive
and Payseno Lane; and
WHEREAS, in December 2006 Kitsap County included the property legally described and
geographically depicted in Exhibit "A" ("the Property") to the South Kitsap UGA and designated the
Property in 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, the Planning Commission held a Public Hearing for the zoning/comp plan designation
on July 21, 2008; and
WHEREAS, the Planning Commission heard testimony in favor of the proposal from the
applicant and there was no testimony in opposition to the proposal; and
WHEREAS, being fully advised, the Planning Commission finds and concludes as follows:
FINDINGS
1. A Petition for Annexation of the Property into the City was received on June 27, 2008.
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 High -Intensity Commercial/Mixed Use in the
County Comprehensive Plan and Highway Tourist Commercial (HTC) on 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 will have access from Mile Hill Drive and Payseno Lane.
6. The Property is adjacent to areas of Urban High -Intensity Commercial/Mixed Use
comprehensive plan designations within Kitsap County,
7. The Growth Management Act requires that upon approval of.an annexation request, the
City give a Comprehensive Plan and Zoning designation to the subject properties.
8. The purpose of the Commercial designation is to provide for the broadest mix of retail,
service, office, and commercial recreation/cultural uses serving Port Orchard and
surrounding market areas while offering significant employment opportunities.
9. The purpose of the residential single/multiple family detached/attached zone (1320 up to
20.0 units/net useable acre) is to (a) allow high density residential development in urban
locations where public services and facilities are most available; (b) implement
comprehensive plan goals and policies for housing quality, diversity, and affordability,
and (c) efficiently use residential land, public services, and energy.
CONCLUSIONS
1. High -Density Residential is the most appropriate comprehensive plan designation for Tax
Parcel Number 312402-2-005-2000. Designating the Property High -Density Residential is in
conformance with the goals and policies of the Comprehensive Plan and the Growth
Management Act.
2. Designating Tax Parcel Number 312402-2-005-2000 High -Density Residential is in
furtherance of the health, safety, and general welfare of the community,
3. Zoning Tax Parcel Number 312402-2-005-2000 Residential 20 (1320) is consistent with the
City's Municipal Code: Title 16 Land Use Regulatory Code and its Comprehensive Plan, and
is in furtherance of the health, safety, and general welfare of the community.
4. Commercial is the most appropriate comprehensive plan designation for Tax Parcel
Numbers 312402-2-003-2002 and 312402-2-016-2007. Designating the Property
Commercial is in conformance with the goals and policies of the Comprehensive Plan and
the Growth Management Act.
5. Designating Tax Parcel Numbers 312402-2-003-2002 and 312402-2-016-2007 as
Commercial is in furtherance of the health, safety, and general welfare of the community.
6. Zoning for Tax Parcel Numbers 312402-2-003-2002 and 312402-2-016-2007 Commercial —
Retail and Office (Co), is consistent with the City`s Municipal Code: Title 16 Land Use
Regulatory Code and its Comprehensive Plan, and is in furtherance of the health, safety,
and general welfare of the community.
NOW, THEREFORE, BE IT RESOLVED THAT: The Planning Commission of the City of Port Orchard
hereby recommends that the City Council approve the application for a Comprehensive Plan
designation of High -Density Residential, and R20 zoning for Tax Parcel Number 312402-2-005-
2000, and a Comprehensive Plan designation of Commercial and Commercial — Retail/Office
zoning for Tax Parcel plumbers 312402-2-003-2002 and 312402-2-016-2007, to be effective
upon annexation.
PASSED by the Planning Commission of the City of Port Orchard this 21st day of July, 2008.
Gil Michael, Chairman
ATTEST:
Jame,s4�/Weaver, City Development Director
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 December 30, 2008,
ORDINANCE NO. 047-08
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
Copies of Ordinance No. 047-08 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. 047-08 will be
provided at a nominal charge,
City of Port Orchard
Patti Kirkpatrick
City Clerk
Publish: Port Orchard Independent
January 3, 2009