014-12 - Ordinance - Annexting Property to the CityAfter Recording Return to:
City Clerk
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
PORT ORCHARD CITY OF 201208070376
Ordinance Rec Fee: $ 67.00
08/07/2012 02:42 PM Page: 1 of 6
Walter Washington, Kitsap Co Auditor
11111111111111111111111111111111111 IN 11111111111111111111111111111111111111111111
Introduced by: Development Director
Requested by: Development Director
Drafted by: Development Director
Introduced: July 24, 2012
Adopted: July 24, 2012
ORDINANCE NO. 014-12
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, ANNEXING CERTAIN REAL PROPERTY
TO THE CITY CONSISTING OF APPROXIMATELY 2.22
ACRES IN THE VICINITY OF THE INTERSECTION OF BAY
STREET AND ARNOLD AVENUE TO JUST EAST OF THE
INTERSECTION OF BEACH DRIVE AND OLNEY AVENUE
E., REQUIRING THE ANNEXED PROPERTY TO BE
ASSESSED AND TAXED AT THE SAME RATE AND BASIS
AS OTHER PROPERTY WITHIN THE CITY, REQUIRING
THE ASSUMPTION OF ALL OF THE CITY INDEBTEDNESS
BY THE AREA TO BE ANNEXED, ESTABLISHING
INTERIM COMPREHENSIVE PLAN AND ZONING
DESIGNATIONS FOR THE PROPERTY, AND
ESTABLISHING AN EFFECTIVE DATE OF THE
ANNEXATION
PROPERTY LOCATION: SITUATED WITHIN A
PORTION OF SECTION 25 - TOWNSHIP 24 NORTH -
RANGE i EAST; W.M., IN KITSAP COUNTY,
WASHINGTON.
ASSESSOR'S ACCOUNT NUMBERS: 4689-004-002-0000, 4027-
035-003-0004, 4027-035-ooi-0006, 402.7-035-004-0003, 4027-035-
005-0002, 4689-004-001-0001, 4689-004-004-0008, 4027-035-
002-0005 and 4027-033-001-0100.
Ordinance No. 014-12
Paee 2 of 6
WHEREAS, on January 30, 2012, the City received a notice of intent to petition for
annexation for nine parcels consisting of approximately 2.22 acres located in the vicinity of
the intersection of Bay Street and Arnold Avenue, stretching along the shoreline to just east
of the intersection of Beach Drive and Olney Avenue E.; and
WHEREAS, the initiating parties are the owners of real property with a value in
excess of ten percent (io%) of the value of the property for which annexation is petitioned;
and
WHEREAS, a meeting was held on March 12, 2012, 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, 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 interim zoning and interim
Comprehensive Plan designations, 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
June 21, 2012 was filed with the City, and was certified by the Kitsap County Assessor as
containing the signatures from owners of not less than sixty percent (6o%) in value,
according to the assessed valuation, of the property for which annexation is petitioned; and
WHEREAS, in December 20o6 Kitsap County added the property legally described
and geographically depicted in Exhibit "A" to the City of Port Orchard UGA and designated
parcels 4689-004-002-0000, 4027-035-003-0004 and 4027-035-002-0005 as
Neighborhood Commercial on the Zoning map and Urban Low -Intensity
Commercial/Mixed Use on the Comprehensive Plan map; and designated 4027-035-001-
0006, 4027-035-004-0003, 4027-035-005-0002, 4689-004-001-0001, 4689-004-004-
0008 and 4027-033-o0i-oloo as Urban Low Residential (4 - 9 DU/Ac) on the Zoning map
and Urban Low Density Residential on the Comprehensive Plan map; 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 35.13177 and .178, the City Council adopted
Ordinance No. 042-08 designating the proposed annexation of parcels 4027-035-003-
0004, 4027-035-ooi-0006, 4027-033-001-0100, 4027-035-004-0003, 4027-035-005-
0002, 4689-004-001-0001 and 4689-004-004-0008 as Residential: 4.5 Units/Useable
Acre on the future Zoning map and Residential: Low Density on the future Comprehensive
Plan map; and parcels 4689-004-002-0000, 4027-035-003-0004 and 4027-035-002-0005
Ordinance No. 014-12
Page � of 6
as Commercial on the future Zoning map and Commercial Retail -Office on the future
Comprehensive Plan map, to become effective upon annexation; and
WHEREAS, the property owners of the area to be annexed have requested that the
City adopt interim Comprehensive Plan designations and zoning classifications that vary
from the designations and classifications set forth in Ordinance No. 042-08; and
WHEREAS, pursuant to RCW 35.63.200, the City Council finds that it is necessary
to adopt interim Comprehensive Plan designations and zoning controls until such time as
the Comprehensive Plan amendment process for 2012 is completed and that such interim
measures for these parcels are justified because: the parcels will be served by adequate
public sewer, water supply, roads, and other needed public facilities; and the interim
Comprehensive Plan designations and zoning classifications are consistent with the current
and approved planned use; and
WHEREAS, the Port Orchard Planning Commission held a public meeting on July
16, 2012 and adopted Resolution 003-12 recommending approval of the petition for
annexation, with an interim Zoning designation of Community Facilities and an interim
Comprehensive Plan designation of Public and Community Spaces for parcels 4689-004-
004-00o8 and 4027-033-001-0100; and an interim Zoning designation of Mixed Use and
interim Comprehensive Plan designation of Commercial for parcels 4027-035-ooi-0006,
4689-004-002-0000, 4027-035-003-0004, 4027-035-004-0003, 4027-035-005-0002,
4689-004-001-000l and 4027-035-002-0005; and
WHEREAS, pursuant to RCW 35.13.140, a public hearing was held on July 24,
2012, and was duly noticed through publication in a newspaper 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 the property's future interim comprehensive plan land use designation;
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 L The unincorporated real property located in Kitsap County,
Washington, contiguous to the City of Port Orchard and legally described and
Ordinance No. 014-12
Page 4 of 6
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.
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. Based on the findings of fact set forth in the above recitals, the City
Council hereby determines that it is necessary to adopt an interim Zoning designation of
Community Facilities and an interim Comprehensive Plan designation of Public and
Community Spaces shall be assigned to parcels 4689-004-004-00o8 and 4027-033-001-
oioo; and an interim Zoning designation of Mixed Use and interim Comprehensive Plan
designation of Commercial Retail -Office shall be assigned to parcels 4027-035-001-0006,
4689-004-002-0000, 4027-035-003-0004, 4027-035-004-0003, 4027-035-005-0002,
4689-004-ooi-000i and 4027-035-002-0005. As long as the interim zoning controls are in
effect, all land use and development within the annexed area shall be subject to the City's
land use and development regulations in effect for the zoning classifications.
SECTION 4. The Comprehensive Plan and zoning designations for the area to be
annexed shall be included in the City's annual Comprehensive Plan amendment process for
2012 review and designation as appropriate.
SECTION s. 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 2012 and established Comprehensive Plan and zoning designations
for the area to be annexed. The interim zoning controls shall expire six months from the
date annexation as defined in Section 6 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 Plan and zoning designations for any of the
parcels within the area to be annexed, whichever is sooner.
SECTION 6. This annexation will become effective thirty (3o) days after the
expiration of the 45-day review by Kitsap County Boundary Review Board, 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
effective thirty (3o) days after the Boundary Review Board's approval of the proposed
annexation.
SECTION 7. Pursuant to RCW 35.13.270, following adoption of this ordinance, the
Ordinance No. 014-12
Page 5 of 6
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 (3o) days before the effective date of the annexation. The Planning Department
shall also give such notice to the Fire District and Library District, as appropriate,
simultaneously when notice of the proposed annexation is provided to the Kitsap County
Boundary Review Board.
SECTION 8. Following adoption of this ordinance, the City Clerk 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 35.13.26o.
SECTION 4. Following 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 io. 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 ii. 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 24th day of July 2012.
v
Timothy C. M tthes, Mayor
ATTES
i5 q
andy Rinearson, City Clerk, CMC
APPROVED AS TO FORM: Sponsored by:
RETSIL ANNEXATION PETITION
EXIDBIT A
Legal Description & Map
All that portion of the Plat of Annapolis, recorded under Volume 1 of Plats, Pages 64 and 65, records of Kitsap
County, Washington, lying northeasterly of the southerly right-of-way margin of Bay Street (platted as North Bay
Street);
Except those portions already within the City of Port Orchard under Ordinance Nos. 714 and 837;
And all that portion of Bay Street (platted as Front Street) lying northerly of and adjacent to Blocks 8 and 9 and
Gaffner Park, Plat of Gaffners Garden Tracts, recorded under Volume 2 of Plats, Page 61, records of Kitsap County,
Washington;
Except those portions of Bay Street previously vacated under Commissioner's Journal Volume 8, Page 53 and
Commissioner's Resolutions 322-1977 and 355-1981;
And Block D, Replat of part of Gaffner's Garden Tracts, recorded under Volume 2 of Plats, Page 89, records of
Kitsap County, Washington;
Together with that portion of Bay Street (platted as Front Street) lying south of and adjacent to said Block D;
Except those portions of Bay Street previously vacated under Commissioner's Journal Volume 8, Page 53 and
Commissioner's Resolutions 322-1977 and 355-1981;
And Except that portion of Bay Street lying north of and adjacent to Olney Avenue;
Together with tidelands and Sinclair Inlet fronting the plat of Annapolis and Block D, Replat of part of Gaffner's
Garden Tracts per RCW 35.21.160.6.
Ciq of Port Orchard;
Rrtsll Anncration ,.
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AUDITOR'S NOTE
LEGIBILITY FOR RECORDING AND COPYING
UNSATISFACTORY IN A PORTION OF THIS
INSTRUMENT WHEN RECEIVED.
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 July 24, 2012.
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, ANNEXING CERTAIN REAL PROPERTY
TO THE CITY CONSISTING OF APPROXIMATELY 2.22
ACRES IN THE VICINITY OF THE INTERSECTION OF
BAY STREET AND ARNOLD AVENUE TO JUST EAST OF
THE INTERSECTION OF BEACH DRIVE AND OLNEY
AVENUE E., REQUIRING THE ANNEXED PROPERTY
TO BE ASSESSED AND TAXED AT THE SAME RATE
AND BASIS AS OTHER PROPERTY WITHIN THE CITY,
REQUIRING THE ASSUMPTION OF ALL OF THE CITY
INDEBTEDNESS BY THE AREA TO BE ANNEXED,
ESTABLISHING INTERIM COMPREHENSIVE PLAN
AND ZONING DESIGNATIONS FOR THE PROPERTY,
AND ESTABLISHING AN EFFECTIVE DATE OF THE
ANNEXATION
PROPERTY LOCATION: SITUATED WITHIN A PORTION OF
SECTION 25 - TOWNSHIP 24 NORTH - RANGE 1 EAST; W.M.,
IN KITSAP COUNTY, WASHINGTON.
Copies of Ordinance No. 014-12 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. 014-12 will be
provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Publish: Port Orchard Independent
August 3, 2012