022-07 - Ordinance - Updating Comp Plan Map and Zoning MapORDINANCE NO. 022-07
AN ORDINANCE THE CITY OF PORT ORCHARD DESIGNATING PROPERTY
COMMERCIAL ON THE CITY OF PORT ORCHARD COMPREHENSIVE PLAN
MAP AND COMMERCIAL -RETAIL AND OFFICE (Co) ON THE CITY OF PORT
ORCHARD ZONING MAP, TO BECOME EFFECTIVE UPON ANNEXATION.
THE PROPERTY IS LOCATED IN SECTION 10, TOWNSHIP 23 NORTH,
RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON
ASSESSORS ACCOUNT NUMBER: 8503-000-000-0005
WHEREAS, in December 2006 Kitsap County added the property legally described
in Exhibit "A" ("the Property") to the City of Port Orchard UGA and designating the Property on the
county comprehensive plan as Urban High Intensity Commercial/Mixed Use; and
WHEREAS, the Property is a 9.7 acre commercial parcel contiguous to the City
limits, located near the northwest corner of the intersection of Sidney Road SW and SE Sedgwick
Road, and
WHEREAS, South Sidney Plaza, LLC has submitted a Petition for Annexation, to
annex the Property to the City of Port Orchard; 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 April 16, 2007 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) on the City of Port Orchard Zoning Map, to become effective upon
annexation; and
WHEREAS, City Council held public hearings on the pre -annexation comp
plan/zoning designation on April 23, 2007 and July 23, 2007; and
WHEREAS, being fully advised, the Council finds and concludes as follows:
1. A Petitioner for Annexation of the Property into the City was received on
February 22, 2007.
Ordinance No. 022-07
Page 2 of 3
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 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 will have access from SW Sedgwick Road.
6. The Property is adjacent to commercial zoned areas. The applicant
proposes to extend commercial development on the Property, similar to
development on the parcel to the south, which is already in the City.
7. If the City does not immediately adopt pre -annexation comp plan/zoning
designations for the Property then the Property may be annexed into the
City of Port Orchard without any comprehensive plan or zoning
designations, which would be contrary to the policies and goals of the
Growth Management Act 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
1. 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 Commercial is in furtherance of the health, safety,
and general welfare of the community.
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.
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. 022-07
Page 3 of 3
WHEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, DOES ORDAIN AS FOLLOWS:
SECTION 1. The City of Port Orchard Comprehensive Plan Map, adopted by
Ordinance No. 1634, is hereby amended by adding the property described in Exhibit "A" and
designating it Commercial, to become effective upon annexation.
SECTION 2. The amendment to the Comprehensive Plan Map is declared an
emergency under RCW 36.70A.130(2)(b).
SECTION 3. The City of Port Orchard Zoning Map, adopted by Ordinance No.
1748, is hereby amended by adding the property described in Exhibit "A" and classifying it
Commercial -Retail and Office (Co), to become effective upon annexation.
SECTION 4. 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.
SECTIONS. 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 23rd day of July 2007.
ATTEST:
Michelle Merlino, City Clerk
APPROVED AS TO FORM:
""dA6'44
A$>-rCity Attorne
Kim Abel, MAYOR
Sponsored by:
Fred Chang, Councilm tuber
EXHIBIT A
Ordinance No. 022-07
Page 1 of 1
FOMMI ,
The North half of the South half of the Southeast Quarter of the Northeast Quarter, Section 10,
Township 23 North, Range 1 East, W.M., in Kitsap County, Washington; EXCEPT Sidney Road; and
EXCEPT that portion thereof conveyed to Kitsap County by Deed recorded under Auditor's File No.
9104110072