006-11 - Ordinance - Annexing West of Sidney Road SW and North of SW Sedgwick RoadCity of Port Orchard
City Clerk's Office
216 Prospect Street
Port Orchard, WA 98366
PORT ORCHARD CITY OF 201106160065
Ordinance Rec Fee: $ 66.00
06/16/2011 12:14 PM Page: 1 of 5
Walter Washington, Kitsap Cc Auditor
II III 111111 II 1111 11IIIII 111111 IN 1111111111111111111111111111111111111111111111111111111111 IN
Introduced by:
Requested by:
Drafted by:
Introduced:
Adopted:
ORDINANCE NO. oo6-ii
Development Director
Development Director
Development Director
.May 24, 2011
May 24, 2011
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
ANNEXING CERTAIN REAL PROPERTY TO THE CITY CONSISTING
OF APPROXIMATELY 9.67 ACRES IN THE VICINITY OF WEST OF
SIDNEY ROAD SW, AND NORTH OF SW SEDGWICK ROAD,
REQUIRING THE ANNEXED PROPERTY TO BE ASSESSED AND
TAXED AT THE SAME RATE AND BASIS AS OTHER PROPERTY
WITHIN THE CITY, ESTABLISHING COMPREHENSIVE PLAN AND
ZONING DESIGNATIONS FOR THE PROPERTY, AND
ESTABLISHING AN EFFECTIVE DATE OF THE ANNEXATION
PROPERTY LOCATION: SITUATED WITHIN SECTION 10,
TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY,
WASHINGTON. Sc i kVr C. -kite, Aj, .j�,j Q,c
t
ASESSOR'SCCOUNT NUMBER: 102301-1-004-2000
Ordinance No. 006-11
Page 2 of 5
WHEREAS, on March 01, 2011, the City received a notice of intent to petition for
annexation for one parcel consisting of approximately 9.67 acres located at 5230 Sidney
Road SW, adjacent to and west of Sidney Road SW, and north of SW Sedgwick Road, as
legally described and geographically depicted in Exhibit "A" attached hereto and
incorporated by this reference; and
WHEREAS, the initiating parties are the owners of real property with a value in
excess of ten percent (10%) of the value of the property for which annexation is petitioned;
and
WHEREAS, a meeting was held on March 22, 2011, 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 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 zoning and 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
April 26, 2011 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
Parcel 102301-1-004-2000 Urban High -Intensity Commercial/Mixed Use on the
Comprehensive Plan map and Highway Tourist/Commercial on the zoning 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 35.13.177 and .178, the City Council adopted
Ordinance No. 042-08 designating the proposed annexation of parcel 102301-1-004-2000
Commercial — Retail Office on the City's Comprehensive Plan and Commercial zoning on
the City's zoning map, to become effective upon annexation; and
WHEREAS, pursuant to RCW 35.13.140, a public hearing was held on May 22,
2011, 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
Ordinance No. 006-11
Page 3 of 5
the hearing and inviting interested persons to appear and voice approval or disapproval of
the annexation and the property's future 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 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 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, parcel
102301-1-004-2000 shall have a Comprehensive Plan designation of Commercial - Retail
Office and a Zoning designation of Commercial
SECTION 4. 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 5. Pursuant to RCW 35.13.270, following adoption of this ordinance, the
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.
Ordinance No. oo6-11
Page 4 of 5
SECTION 6. 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 City 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 7. 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 8. 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 8. 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, APPROVED by the Mayor
and attested by the Clerk in authentication of such passage this 24th day of May 2011.
APPROVED AS TO FORM:
Gregory A. Ja oby, Ci�i
ttorney
Sponsored by:
(�z-7
ohn Clauson, Councilmember
EXHIBIT A
Legal Description and Map of Property
Sidney Road Property LLC Annexation
10231E
THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE I EAST, W.M., KITSAP COUNTY,
WASHINGTON; EXCEPT SH)NEY ROAD.
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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 May 24, 2011.
ORDINANCE NO. 006-11
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, ANNEXING CERTAIN REAL PROPERTY TO THE
CITY CONSISTING OF APPROXIMATELY 9.67 ACRES IN THE
VICINITY OF WEST OF SIDNEY ROAD SW, AND NORTH OF SW
SEDGWICK ROAD, REQUIRING THE ANNEXED PROPERTY TO
BE ASSESSED AND TAXED AT THE SAME RATE AND BASIS AS
OTHER PROPERTY WITHIN THE CITY, ESTABLISHING
COMPREHENSIVE PLAN AND ZONING DESIGNATIONS FOR THE
PROPERTY, AND ESTABLISHING AN EFFECTIVE DATE OF THE
ANNEXATION
PROPERTY LOCATION: SITUATED WITHIN SECTION 10,
TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY,
WASHINGTON.
Copies of Ordinance No. 006-11 is 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. 006-11 will be
provided at a nominal charge.
City of Port Orchard
Patti Kirkpatrick
City Clerk
Publish: Port Orchard Independent
June 3, 2011