019-10 - Ordinance - Annexing Property to the CityCity of Port Orchard
City Clerk's Office
216 Prospect Street
Port Orchard, WA 98366
PORT ORCHARD CITY OF 201010120068
Ordinance Rec Fee: $ 70,00
10/12/2010 11:48 AM Page: 1 of 9
Walter Washington, Kitsap Co Auditor
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Introduced by:
Development Director
Requested by:
Development Director
Drafted by:
Development Director
Introduced:
September 28, 2010
Adopted:
September 28, 2010
ORDINANCE NO. 019-10
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, ANNEXING CERTAIN REAL PROPERTY
TO THE CITY CONSISTING OF APPROXIMATELY 9•85
ACRES IN THE VICINITY OF THE INTERSECTION OF SW
BIRCH ROAD AND SIDNEY ROAD 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 SECTION
3, TOWNSHIP 23N, RANGE i EAST, W.M., KITSAP
COUNTY, WASHINGTON.
ASSESSOR'S ACCOUNT NUMBER: 032301-4-026-2007
Ordinance No. oi9-lo
Page 2 of q
WHEREAS, on May 19, 2010, the City Council received a notice of intent to petition
for annexation for one parcel consisting of approximately 9.85 acres located in the vicinity
of the intersection of SW Birch Road and Sidney Road SW, as legally described and
geographically depicted in Exhibit "A" attached hereto and incorporated by this reference;
and
WHEREAS, the initiating party is the owner of real property with a value in excess
of ten percent (1o%) of the value of the property for which annexation is petitioned; and
WHEREAS, a meeting was held on June 22, 20io, 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 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
August o6, 2010 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
it as Highway Tourist Commercial on the Comprehensive Plan map and Public Facility 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-o8 designating the proposed annexation Commercial on the City's
Comprehensive Plan and Commercial — RetaiVOffice zoning on the City's zoning map for
Tax Parcel 032301-4-026-2007, to become effective upon annexation; and
WHEREAS, pursuant to RCW 35.63.200, the City Council finds it is necessary to
adopt interim zoning controls for parcel 032301-4-026-2007 and until such time as the
Comprehensive Plan amendment process for 2010 is completed and that such interim
zoning for these parcels is justified because: the parcel will be served by adequate public
sewer, water supply, roads, and other needed public facilities; the parcel is adjacent to areas
of Commercial, Residential:4.5 units/acre, and Community Facilities designations within
Ordinance No. oig-lo
Page � of q
the City and the interim zoning designation of "Community Facilities" is consistent with the
uses in the surrounding area; and
WHEREAS, pursuant to RCW 35.13.140, a public hearing was held on September
14, 201o, 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 i. 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, the City
Council hereby determines that an emergency exists justifying the adoption of interim
zoning controls for parcel, as depicted on Exhibit "B" attached hereto and incorporated by
this reference. Pursuant to RCW 35.63.200, there is hereby adopted an interim
Comprehensive Plan designation of Public and Community Spaces and an interim Zoning
designation of Community Facilities for parcel 032301-4-026-2007. As long as the interim
zoning controls are in effect, all land use and development within the Property shall be
subject to the City's land use and development regulations in effect for "Public Facilities"
zoning.
Ordinance No. or9-lo
Page 4 of 9
SECTION a. The interim designation of Public and Community Spaces and zoning
designation of "Community Facilities" for parcel 032301-4-026-2007 shall be included in
the City's annual Comprehensive Plan amendment process for 2010 for review and
designation as appropriate. The interim zoning controls shall take effect upon annexation to
the City.
SECTION ,. 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 6. Pursuant to RCW 35. r3.270, 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 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 7. Following adoption of this ordinance, the City Cleric 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 S. 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 q, 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. oig-lo
Pace r, of c)
SECTION io. 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 28th day of September
2010.
A ST:
Patricia J. Ki atric , CMC, City Clerk
APPROVED AS TO FORM:
Gregory A. Jacoby,City tt rney
Sponsored by:
Rob Putaansuu, Councilmember
r
EXHIBIT A Ordinance oig-io
Page 7 of 9
Sidney Glen Petition for Annexation
to the City of Port Orchard, Washington
File No. A-24-10
Legal Description
The West 20 feet of the Southwest quarter of the Southwest quarter of Section 2,
Township 23 North, Range 1 East, W.M., Kitsap County, Washington lying south of the
south line of the north 630 feet thereof,
AND the Southeast quarter of the Southeast quarter of the Southeast quarter of Section 3,
Township 23 North, Range 1 East, W.M., Kitsap County, Washington;
AND the North 30 feet of the West 333 feet of the East 363 feet of the Northeast quarter
of the Northeast quarter of the Northeast quarter of Section 10, Township 23 North,
Range 1 East, W.M., Kitsap County, Washington.
AS PROVIDED BY KITSAP COUNTY PUBLIC WORKS DEPT, JUNE 17, 2010
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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 September 28, 2010.
ORDINANCE NO. Olg-io
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, ANNEXING CERTAIN REAL PROPERTY
TO THE CITY CONSISTING OF APPROXIMATELY 9•85
ACRES IN THE VICINITY OF THE INTERSECTION OF
SW BIRCH ROAD AND SIDNEY ROAD 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. 019-10 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. 019-10 will be
provided at a nominal charge.
City of Port Orchard
Patti Kirkpatrick
City Clerk
Publish: Port Orchard Independent
October 8, 2010