008-09 - Ordinance - Annexing Real PropertyCity of Port Orchard
City Clerk's Office
216 Prospect Street
Port Orchard, WA 98366
PORT ORCHARD CITY OF 200906220188
Ordinance Rao Fee: $ 48,00
06/22/2009 12:58 PM Page: 1 of 7
Walter Washington Kitsap Cc Auditor
IIIIIIIIilllll III IIII111111I111111IIII111111111IIIII1111111III111111111IIII
Introduced by: Development Director
Requested by: Development Director
Drafted by: Development Director
Introduced: March 24, 2009
Adopted: March 24, 2009
ORDINANCE NO. oo8-og
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, ANNEXING CERTAIN REAL PROPERTY
TO THE CITY CONSISTING OF APPROXIMATELY 33.18
ACRES IN THE VICINITY OF SEDGWICK ROAD AND
STATE ROUTE 16, 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: THAT PORTION OF SECTION
u, TOWNSHIP 23 NORTH, RANGE i EAST,
WILLAMETTE MERIDIAN, IN KITSAP COUNTY,
WASHINGTON.
ASSESSOR'S ACCOUNT NUMBERS: 11230110222007,
48000000240105 and 11230110232006
OrdinanceNo. oo8-o9
Page 2 of 7
WHEREAS, on September 5, 2oo8 the City Council received a notice of intent to
petition for annexation for three parcels consisting of approximately 33.18 acres located in
the vicinity of Sedgwick Road and State Route 16, 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 ten percent (1o%) of the value of the property for which annexation is petitioned;
and
WHEREAS, a meeting was held on October 14, 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
February 11, 2009 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 2006 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 on the City's zoning
map, to become effective upon annexation; and
WHEREAS, the Port Orchard Planning Commission held a public meeting on
March 23, 2oo9 and adopted Resolution 002-o9 recommending the proposed annexation
area be designated Medium Density Residential on the City's Comprehensive Plan and
Residential R8 on the City's zoning map to become effective upon annexation; and
Ordinance No. oo8-og
Page 3 of 7
WHEREAS, pursuant to RCW 35.63.200, the City Council finds it is necessary to
adopt interim zoning controls for parcels 11230110222007, 48o00000240105 and
112301102320o6 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 Urban High -Intensity Commercial/Mixed Use designations
within the City; and the interim zoning designation of "R20" single/multiple family
detached/attached is consistent with the uses in the surrounding area.
WHEREAS, pursuant to RCW 35.13.140, the City Council held public hearings on
December 23, 2oo8 and March 24, 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 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, the City
Council hereby determines that an emergency exists justifying the adoption of interim
zoning controls for parcels 11230110222007, 48000000240105 and 11230110232006, the
Property, as depicted on Exhibit "B" attached hereto and incorporated by this reference.
Ordinance No. 008-09
Paee a of 7
Pursuant to RCW 35.63.200, there is hereby adopted an interim Comprehensive Plan
designation of Residential: High Density and an interim Zoning designation of "R2o"
single/multiple family detached/attached. 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 "R20" single/multiple family
detached/attached zoning.
SECTION 4. The interim designation of Residential: High Density and Zoning
designation of "R20" single/multiple family detached/attached for the Property shall be
included in the City's annual Comprehensive Plan amendment process for 2009 for review
and designation as appropriate.
SECTION,. 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 2009 and established Comprehensive Plan and Zoning
Designations for the Property. 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 the Property,
whichever is sooner.
SECTION 6. This annexation will become effective May 15, 2009 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 (30) 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 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.
Ordinance No. oo8-o9
Paee F of 7
SECTION 9. 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 10. 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 March 2009.
ATTEST:
Patricia J. 'rkpa r ck, City Clerk
APPROVED AS TO FORM:
Gregory . Ja by, i Attorney
Sponsored by:
Rob Putaansuu, Councilmember
Ordinance No. 008-09
Pd,9a 6 of ,7
Legal Description for
Geiger Road Petition for Annexation
to the City of Port Orchard, Washington
P.O. File No. A-18-09
The following described areas situate within Section 11, Township 23 North, Range 1
East, W.M., Kitsap County, Washington:
The South 650 feet of the Northwest quarter of the Northeast quarter;
EXCEPT the West 643.5 feet thereof,
And the South 350 feet of the Southwest quarter of the Northwest quarter
of the Northeast quarter; EXCEPT the North 150 feet of the East 250 feet
of the West 643.5 feet thereof,
And the North 50 feet of Tract 24, the West half of Tract 25, and the West
half of Tract 26, Richland Acre Tracts, as recorded under Volume 3 of
Plats, Page 18 records of Kitsap County;
And the South 15 rods of the North half of said Section 11 lying within
State Highway No 16; EXCEPT that portion previously annexed into the
city of Port Orchard under Ordinance No. 977.
Legal Description as provided by Kitsap County Public Works 02/27/2009
1
Ordinance No. 008-09
Page 7 of 7
AUDITOR'S NOTE
.EGIBILITY FOR RECORDING D
UNSATISFACTORY N
APORTONOFOTHIS
O
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 March 24, 2009.
ORDINANCE NO. oo8-og
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, ANNEXING CERTAIN REAL PROPERTY
TO THE CITY CONSISTING OF APPROXIMATELY 38.18
ACRES IN THE VICINITY OF SEDGWICK ROAD AND
STATE ROUTE 16, 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. 008-09 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. 008-09 will be
provided at a nominal charge.
City of Port Orchard
Patti Kirkpatrick
City Clerk
Publish: Port Orchard Independent
March 27, 2009