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018-11 - Ordinance - Annexing Property to the CityCity of Port Orchard PORT ORCHARD CITY OF 201204090137 C1 Clerk's OfficeOrdinance Rec Fee: $ 68.00 page: 1 of 7 `J 04/09/2012 10:51 AM 216 Prospect Street Waiter Washington, Kitsap Co Auditor Port Orchard, WA 98366 11111111111111111IN 111111111111111111111111111111111111111111 IIIII IIIII IIIII IIII IIII PORT ORCHARD CITY OF 201111290153 Ordinance Rec Fee: $ 68.00 11/29/2011 12:12 PM Page: 1 of 7 Walter Washington, Kitsap Co Auditor 1 IIIIIII 111111 III IIII IIIIIII IIIIII IIII IIII IIIII IIIII 1111111 III IIIII IIIII IIIII IIIII IIII IIII rP ire cP,cA -Q Rut Uxr?,e-tcJ �n tvl A,�kl%tc\--uO No- w-9-12- Introduced by: Development Director Requested by: Development Director Drafted by: Development Director Introduced: November 22, 2011 Adopted: November 22, 2011 ORDINANCE NO. 018-11 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, ANNEXING CERTAIN REAL PROPERTY TO THE CITY CONSISTING OF APPROXIMATELY 619.49 ACRES IN THE VICINITY OF THE INTERSECTION OF SW OLD CLIFTON ROAD AND SW FEIGLEY ROAD, SOUTH OF SW OLD CLIFTON ROAD, AND WEST OF MCCORMICK WOODS DRIVE SW, 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 A PORTION OF SECTIONS 07,08 & 17, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON. ASSESSOR'S ACCOUNT NUMBERS: 082301-1-010-2006, 082301-1-013- 2003, 082301-2-003-2003, 082301-2-002-2004, 082301-1-014-2002, 172301-2-004-2001, 172301-2-005-2000, 172301-3-004-2009, 172301-2- 007-2008, 172301-2-006-2009, 172301-2-003-2002, 172301-2-002- 2003, 082301-2-004-2002, 072301-1-006-2003 and o82301-2-001-2005 WHEREAS, on June 01, 2011, the City received a notice of intent to petition for annexation for thirteen parcels consisting of approximately 604.13 acres located in the vicinity of the intersection of SW Old Clifton Road and SW Feigley Road, south of SW Old Clifton Road, and west of McCormick Woods Drive SW; and Ordinance No. 018-11 Page 2 of 7 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 July 12, 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 geographically modified the annexation boundaries to include two City -owned properties totaling 15.36 acres, 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 September 6, 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 parcels 072301-1-oo6-2003 and o82301-2-001-2005 Urban Low Residential (4-9 DU/Ac) on the Zoning map and Public Facility on the Comprehensive Plan map; and designated parcels o82301-1-013-2003 and 082301-1-010-2006 Urban Medium Residential (10-18 DU/Ac) on the Zoning map and Urban Medium/High Density Residential on the Comprehensive Plan map; and designated parcels o82301-2-003-2003, 082301-2-002- 2004, 082301-1-014-2002,172301-2-004-2001, 172301-2-005-2000, 172301-3-004-2009, 172301-2-007-2008, 172301-2-oo6-2009, 172301-2-003-2002, 172301-2-002-2003, and 082301-2-004-2002 Urban Cluster 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 35.13.177 and .178, the City Council adopted Ordinance No. 042-08 designating the proposed annexation of parcels 082301-1-013-2003 and o82301-1-010-2006 Residential: 12 Units/Useable Acre on the future Zoning map and Residential: Medium Density on the future Comprehensive Plan map; and parcels o82301- 2-003-2003, 082301-2-002-2004, 082301-1-014-2002, 172301-2-004-2001, 172301-2- 005-2000,172301-3-004-2009,172301-2-007-2008,172301-2-oo6-2009, 172301-2-003- Ordinance No. o18-11 Page 3 of 7 2002, 172301-2-002-2003, and o82301-2-004-2002 Residential: 4.5 Units/Useable Acre on the future Zoning map and Residential: Low Density on the future Comprehensive Plan map, to become effective upon annexation; and the parcels 072301-1-oo6-2003 and o82301-2-001-2005 are not included on the City's future annexation maps; and WHEREAS, the Port Orchard Planning Commission held a public meeting on September 19, 2011 and adopted Resolution 003-11 recommending approval of the petition for annexation, with a Zoning designation of Residential: 4.5 Units/Useable Acre and Comprehensive Plan designation of Residential: Low Density for parcels o82301-1-010- 20o6, o82301-1-013-2003, o82301-2-003-2003, o82301-2-002-2004, o82301-1-014- 2002, 172301-2-004-2001,172301-2-005-2000, 172301-3-004-2009, 1'72301-2-007-2008, 172301-2-oo6-2009, 172301-2-003-2002, and 172301-2-002-2003; and a Zoning designation of Community Facilities and a Comprehensive Plan designation of Public and Community Spaces for parcels 0723o1-1-oo6-2003, o82301-2-001-2005, and o82301-2- 004-2002; and WHEREAS, pursuant to RCW 35.13.14o, a public hearing was held on October 11, 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 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 Ordinance No. o18-11 Page 4 Of 7 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, an interim Zoning designation of Residential: 8 Units/Useable Acre and Interim Comprehensive Plan designation of Residential: Medium Density shall be assigned to parcels 082301-1-010- 20o6, 082301-1-013-2003, 082301-2-003-2003, o82301-2-002-2004, o82301-1-014- 2002, 172301-2-004-2001,1'72301-2-005-2000, 172301-3-004-2009, 172301-2-007-2008, 172301-2-Oo6-2009, 172301-2-003-2002, and 172301-2-002-2003; and an interim Zoning designation of Community Facilities and an interim Comprehensive Plan designation of Public and Community Spaces shall be assigned to parcels 072301-1-oo6-2003, 082301-2- 001-2005, and o82301-2-004-2002. 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. SECTION 6. Following adoption of this ordinance, the City Clerlc 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 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. Ordinance No. 018-11 Page 5 of 7 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 City Clerk in authentication of such passage this 22nd day of November 2011. ATTEST: Patricia J. , rkpa rick, MMC, City Clerk APPROVED AS TO FORM: Gregory A. Jalcob4 City ttorney Sponsored by: ,jAn Clauson, Councilmember Legal Description McCormick West Annexation Ordinance No. 018-11 Exhibit A The following described areas situate within Section 5, Township 23 North, Range 1 East, W.M., Kitsap County, Washington, described as follows: Old Clifton Road (County Road No. 132) as deeded to Kitsap County under Auditor's File Number 666551; EXCEPT that portion previously annexed into the City of Port Orchard under Ordinance No. 011-09; And the following described areas situate within Section 7, Township 23 North, Range 1 East, W.M., Kitsap County, Washington, described as follows: The South half of the North half of the Northeast quarter of the Northeast quarter; And the following described areas situate within Section 8, Township 23 North, Range 1 East, W.M., Kitsap County, Washington, described as follows: All of Section 8; EXCEPT that portion previously annexed into the City of Port Orchard under Ordinance No. 011-09; And EXCEPT that portion as described in Quit Claim Deed recorded under Auditor's File Number 9512290386; And the following described areas situate within Section 17, Township 23 North, Range 1 East, W.M., Kitsap County, Washington, described as follows: Tracts 1 through 7, inclusive, as described in Owner's Request and Acknowledgement for 20 Acre Land Segregations recorded under Auditor's File Number 200010310145. Ordinance No. 018-11 FXhihit A ~� t 1z _ GtENEk6lE op0 - rjb'Y 14's _.. P _ a�2 4 10 0 City of Port Orchard McCormick West Annexation Proposal=McCormick West Annexation Proposal Annexation Proposal FM. City of Port Orchard u t Vicinity Map Port Orchard UGA 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 November 22, 2011. ORDINANCE NO. w8-11 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, ANNEXING CERTAIN REAL PROPERTY TO THE CITY CONSISTING OF APPROXIMATELY 619.49 ACRES IN THE VICINITY OF THE INTERSECTION OF SW OLD CLIFTON ROAD AND SW FEIGLEY ROAD, SOUTH OF SW OLD CLIFTON ROAD, AND WEST OF MCCORMICK WOODS DRIVE SW, 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 Copies of Ordinance No. 018-11 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. 018-11 will be provided at a nominal charge. City of Port Orchard Patti Kirkpatrick City Clerk Publish: Kitsap Sun November 25, 2011