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007-09 - Ordinance - Annexing SW Intersection of Sedgwick Road and Glenwood RoadCity of Port Orchard Clerk's Office PORT aORCHARD eCITY OF 200905120414 47,00 Page. 1 of 6 216 Prospect Street 05112/2009 01.40 PM . Co Pudi for Waller WashlnSl On Ki tsap Port Orchard, WA 98366 IIIIIIIIIIIIIIIIIPIIIIIIIIIIIIIIill IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIill Introduced by: Development Director Requested by: Development Director Drafted by: Development Director Introduced: March 10, 2009 Adopted: March 10, 2009 ORDINANCE NO. 00 7-09 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, ANNEXING CERTAIN REAL PROPERTY TO THE CITY CONSISTING OF APPROXIMATELY 11.25 ACRES SOUTHWEST OF THE INTERSECTION OF SEDGWICK ROAD AND GLENWOOD 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 FORTHE PROPERTY, AND ESTABLISHING AN EFFECTIVE DATE OF THE ANNEXATION PROPERTY LOCATION: The North half of the South half of the Southeast quarter of the Southwestquarter and the North half of the South half of the Southwest quarter of the Southeast quarter of Section 1o, Township 23 North, Range 1 East, W.M., Kitsap County, Washington lying west of Glenwood Road SW. ASSESSOR'S ACCOUNT NUMBERS:102301-3-010-2008,102301-3- 013-2005, 102301-3-014-2004 and 102301-3-015-2003 WHEREAS, on May 6, 2008 the City Council received a notice of intent to petition for annexation for four parcels consisting of approximately 11.25 acres located south-west of the intersection of Sedgwick Road and Glenwood Road, as legally described 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 Ordinance No. 007-09 Paee 2 of 6 ten percent (1o%) of the value of the property for which annexation is petitioned; and WHEREAS, a meeting was held on June 24, 2oo8, 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 Comprehensive Plan and zoning regulations, 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 16, 20o8 was filed with the City, and was certified by the Kitsap County Assessor as containing the signatures from owners of not less than seventy-five percent (75%) in value, according to the assessed valuation, of the property for which annexation is petitioned; and WHEREAS, in December 2oo6 Kitsap County added the property legally described and geographically depicted in Exhibit "A" to the City of Port Orchard UGA and designated the parcels on the County Comprehensive Plan as Urban Low -Density Residential and zoning of Urban Low Residential (4-9 DU/Ac); 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 area Residential: Low Density on the City's Comprehensive Plan and "R4.5" single family detached/attached on the City's zoning map, to become effective upon annexation; and WHEREAS, the petitioning parties have requested that the property to be annexed be designated Residential: Medium Density on the City's Comprehensive Plan and "R8" single family detached/attached on the City's zoning map; and WHEREAS, pursuant to RCW 35.63.200, the City Council finds it is necessary to adopt interim zoning controls for parcels 102301-3-010-2008, 102301-3-013-2005, 102301-3-014-2004 and 102301-3-015-2003 consisting of an interim Comprehensive Plan designation of Residential: Medium Density and an interim zoning designation of "R8", until such time as the Comprehensive Plan amendment process for 2009 is completed and that such interim zoning for this parcel 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 Use designations within the City; and the interim zoning designation of "R8" single family detached/attached is consistent with the uses in the surrounding area. WHEREAS, the Port Orchard Planning Commission held a public meeting on December 15, 20o8 and adopted Resolution oil-o8 recommending the proposed annexation area be designated Residential: Medium Density on the City's Comprehensive Plan and "R8" single family detached/attached on the City's zoning map to become effective upon annexation; and WHEREAS, pursuant to RCW 35.13.140, the City Council held public hearings on January Ordinance No. 007-09 Page 3 of 6 27, 20o9 and March 10, 2009, which hearings were 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 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. The Comprehensive Plan and Zoning designations for parcels 102301-3-010- 2008, 102301-3-013-2005, 102301-3-014-2004 and 102301-3-015-2003 shall be included in the City's annual Comprehensive Plan amendment process for 2009 for review and designation as appropriate. SECTION 4. 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 parcels 102301-3-010-2oo8,102301-3-013-2005,102301-3-014-2004 and 102301-3-015-2003, 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 Residential: Medium Density and an interim Zoning designation of "R8" single family detached/attached. As long as the interim zoning controls are in effect, all land use and development within parcels 102301- 3-010-2008, 102301-3-013-2oo5, 102301-3-014-2004 and 102301-3-015-2003 shall be subject to the City's land use and development regulations in effect for "R8" single family detached/attached. 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 20o9 and established Comprehensive Plan and Zoning Designations for parcels 102301- 3-010-2oo8, 102301-3-013-2005,102301-3-014-2004 and 102301-3-015-2003. The interim zoning controls shall expire six months from the date of annexation as defined in Section 7 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 land use designations for parcels 102301-3- 010-2oo8, 102301-3-013-2oo5, 102301-3-014-2004 and 102301-3-015-2003, whichever is sooner. SECTION 6. This annexation will become effective on the first day after the expiration of Ordinance No. 007-09 Page 4 of 6 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 on the first day of the month immediately following the Boundary Review Board's approval of the proposed annexation. SECTION 7. 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 & 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 within thirty days of the effective date of the annexation as directed by RCW 35.13.26o. SECTION 9. Following adoption of this annexation ordinance, the City shall file a Notice of Intent to Annex with the Mtsap County Boundary Review Board pursuant to RCW 36.93.090• SECTION 1o. 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 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 loth day of March 2009. A 164 Patricia J. Kir atric , City Clerk APPROVED AS TO FORM: �'1 .►�,i ..Ci . Ordinance No. 007-09 ATTACHMENT A Page 5 of 6 Washburn-Grant-Crother annexation to the City of Port Orchard File No. A-15-08 The North half of the South half of the Southeast quarter of the Southwest quarter AND the North half of the South half of the Southwest quarter of the Southeast quarter of Section 10, Township 23 North, Range 1 East, W.M., Kitsap County, Washington lying west of Glenwood Road SW. Legal Description as provided by Kitsap County Public Works December 29, 2008 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 March 10, 2009. ORDINANCE NO. 00 7-09 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, ANNEXING CERTAIN REAL PROPERTY TO THE CITY CONSISTING OF APPROXIMATELY 11.25 ACRES SOUTHWEST OF THE INTERSECTION OF SEDGWICK ROAD AND GLENWOOD 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 Copies of Ordinance No. 007-09 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. 007-09 will be provided at a nominal charge. City of Port Orchard Patti Kirkpatrick City Clerk Publish: Port Orchard Independent March 20, 2009