024-23 - Ordinance - McCormick Development Open SpaceDocuSign Envelope ID: AEA884C6-62F7-4F89-BE9B-014A61A8788F
ORDINANCE NO. 024-23
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
APPROVING THE APPLICATION OF MCCORMICK DEVELOPMENT
CORPORATION FOR OPEN SPACE CLASSIFICATION; DIRECTING THE
TRANSMITTAL OF THIS ORDINANCE TO THE COUNTY COMMISSIONERS
FOR CONCURRENCE; AUTHORIZING THE MAYOR TO EXECUTE
NECESSARY DOCUMENTS; SETTING FORTH THE APPLICANT'S
OBLIGATIONS PRIOR TO THE EFFECTIVE DATE; PROVIDING FOR
SEVERABILITY, CORRECTIONS, AND PUBLICATION; AND SETTING AN
EFFECTIVE DATE.
WHEREAS, McCormick Development Corporation applied for current use assessment of
a portion of the property located in the City of Port Orchard, Kitsap County Tax Parcel No. 5686-
000-058-0001; and
WHEREAS, McCormick Development Corporation submitted the application to Kitsap
County and Kitsap County Assessor followed their internal procedure and reviewed the
application and provided the application to the City of Port Orchard consistent with the
requirements of WAC 458-30-230; and
WHEREAS, RCW 84.34.037 requires that current use applications be processed in 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 June
6, 2023; and
WHEREAS, on September 5, 2023, the City of Port Orchard Planning Commission held a
duly noticed public hearing on the application and took public comment; 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 September 26, 2023, 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
McCormick Development Corporation for Kitsap County Tax Parcel No. 5686-000-058-0001,
subject to conditions as recommended by the Assessor; and
WHEREAS, RCW Chapter 84.34.037 provides that Current Use Assessment requests shall
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Ordinance No. 024-23
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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 in a meeting where
members may be physically absent but participating through telephonic connection, or, by
separate affirmative acts by both the county and city legislative bodies where both bodies
affirm the entirety of an application without modification or both bodies affirm an application
with identical modifications; and
WHEREAS, in determining whether an application made for classification or
reclassification under RCW 84.34.020(1)(b) and (c) should be approved or disapproved, the
granting authority may take cognizance of the benefits to the general welfare of preserving the
current use of the property which is the subject of application, and shall consider the following:
(a) The resulting revenue loss or tax shift; (b) Whether granting the application for land applying
under RCW 84.34.020(1)(b) will (i) conserve or enhance natural, cultural, or scenic resources,
(ii) protect streams, stream corridors, wetlands, natural shorelines and aquifers, (iii) protect soil
resources and unique or critical wildlife and native plant habitat, (iv) promote conservation
principles by example or by offering educational opportunities, (v) enhance the value of
abutting or neighboring parks, forests, wildlife preserves, nature reservations, sanctuaries, or
other open spaces, (vi) enhance recreation opportunities, (vii) preserve historic and
archaeological sites, (viii) preserve visual quality along highway, road, and street corridors or
scenic vistas, (ix) affect any other factors relevant in weighing benefits to the general welfare of
preserving the current use of the property; and (c) Whether granting the application for land
applying under RCW 84.34.020(1)(c) will (i) either preserve land previously classified under RCW
84.34.020(2) or preserve land that is traditional farmland and not classified under chapter 84.33
or 84.34 RCW, (ii) preserve land with a potential for returning to commercial agriculture, and
(iii) affect any other factors relevant in weighing benefits to the general welfare of preserving
the current use of property; and
WHEREAS, the City Council having considered in the input of the Planning Commission
and the public find that granting this designation is in the public interest and should be
approved; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. Adoption of Findings, Conclusions, and Recommendation. The City Council
hereby adopts the findings, conclusions and recommendation as prepared by Kitsap County
Assessor's staff for the McCormick Development Corporation Application for Current Use Open
Space Classification for Kitsap County Tax Parcel No. 5686-000-058-0001. The Assessor's report
is hereby incorporated by reference as if set forth in full.
SECTION 2. Grant of Approval. The City Council hereby approves the designation of the
McCormick Development Corporation property as Open Space and approves the Current Use
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Ordinance No. 024-23
Page 3 of 4
Assessment request for Kitsap County Tax Parcel No. 5686-000-058-0001.
SECTION 3. Transmittal to County Commissioners for Concurrence. 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.
SECTION 4. Authorization of Mayor. 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 5. Applicant's Obligation Prior to Effective Date. Upon request by the City,
County, or State of Washington, the 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 recorded with the County Auditor.
SECTION 6. Severability. If any section, sentence, clause or phrase of this Ordinance
should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
SECTION 7. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
SECTION 8. Corrections. Upon the approval of the city attorney, the city clerk is
authorized to make any necessary technical corrections to this ordinance, including but not
limited to the correction of scrivener's/clerical errors, references, ordinance numbering,
section/subsection numbers, and any reference thereto.
SECTION 9. Effective Date. This Ordinance shall take effect and be in full force and
effect five days after publication, as provided by law, provided, however, that this Ordinance
shall not be effective as to the property until all of the following have occurred: the County
Council has concurred in accordance with RCW Chapter 84.34.037, the City has executed all
necessary documents, and such documents have been recorded by the Applicant.
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 261" day of September 2023.
DocuSigned by:
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Robert Putaansuu, Mayor
DocuSign Envelope ID: AEA884C6-62F7-4F89-BE9B-014A61A8788F
Ordinance No. 024-23
ATTEST:
FDocuSigned by:
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Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM:
DocuSigned by:
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City Attorney
PUBLISHED:
EFFECTIVE DATE:
SPONSOR:
Scott Diener, Councilmember
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