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015-09 - Ordinance - Application for Current Use of Open SpaceWhen Recorded Return to: City Clerk PORT ORCHARD CITY OF 200906250069 `� Ordinance Rao Fee: $ 45.00 Cityof Port Orchard 06/25/2009 0103 PM Page: 1 of 4 Walter Washington, Kitsap Cc Auditor 216 Prospect Street Port Orchard, WA 98366 Introduced by: Development Director Requested by: Development Director Drafted by: City Attorney Introduced: June 9, 2009 Adopted: June 9, 2009 ORDINANCE NO. 015-09 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON APPROVING THE APPLICATION OF LAURIE WALTON FOR CURRENT USE OPEN SPACE CLASSIFICATION KITSAP COUNTY TAX PARCEL NOs. 352401203620oo AND 35240120372009 WHEREAS, Laurie Walton applied for current use assessment of a portion of her property located in the City of Port Orchard, Kitsap County Tax Parcel Nos. 352401203620oo and 352401203720og; and WHEREAS, Ms. Walton initially presented her application to Kitsap County and Kitsap County Assessor staff did not realize, at first, that the application was for property within the City of Port Orchard; as such Kitsap County staff followed their internal procedure and reviewed the application and prepared a report evaluating the request; and WHEREAS, Kitsap County Assessor's staff has generously lent their experience and knowledge of this process to the City of Port Orchard and has provided their report to the City for its own use; and WHEREAS, RCW 84.34.037 requires that current use applications he processed in Ordinance No.o15-09 PalZe 2 of the "same manner" as a comprehensive plan amendment; and WHEREAS, pursuant to the City's comprehensive plan amendment process, a public meeting on this application was held by the City of Port Orchard Planning Commission on May 18, 20o9; and WHEREAS, the City Council has received the staff report recommending approval of the Current Use Assessment request as limited and conditioned in the recommendations presented in the report generated by Kitsap County Assessor's staff; and WHEREAS, on May 26, 2009, the City Council held a public hearing on the application and took public comment; and WHEREAS, the City Council desires to approve the Current Use Assessment request of Laurie Walton for Kitsap County Tax Parcel Nos. 3524012036200o and 35240120372009, subject to conditions as recommended by the Assessor; and WHEREAS, RCW Chapter 84.34.037 provides that Current Use Assessment requests shall be acted upon by the granting authority of three members of the County legislative body and three members of the City legislative body in which the land is located; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION i. The City Council hereby adopts the findings, conclusions and recommendation as prepared by Kitsap County Assessor's staff for the Laurie Walton Application for Current Use Open Space Classification for Kitsap County Tax Parcel Nos. 35240120362000 and 35240120372009. The Assessor's report is hereby incorporated by reference. SECTION 2. Grant of Approval. The City Council hereby approves the designation of the Laurie Walton property as Open Space and approves the Current Use Assessment request for Kitsap County Tax Parcel Nos. 352401203620oo and 35240120372009 subject to the twelve conditions set forth in the Kitsap County Assessor's report. SECTION 3. City Council directs staff to present this Ordinance to the Board of County Commissioners at the next available date for review and concurrence pursuant to RCW Chapter 84.34.037• Ordinance No.015-09 Page q of q SECTION d. Subject to review by the City Attorney, the City Council authorizes the Mayor to execute all documents necessary to effectuate the approval of this application. SECTION,. Upon request by the City, County, or State of Washington, Applicant shall execute and record all documents necessary to effectuate the approval of this application. This approval shall not be effective until all necessary documents are executed and when required recorded with the County Auditor. SECTION 6. 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 7. 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 9�Pday opunp/2oo9. Lary ATTEST: Patricia J. Ki patri , CMC, City Clerk APPROVED AS TO FORM: 0 Gregory A J cob , "ity Attorney ohn Clauson, Councilmember 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 June 9, 2009. ORDINANCE NO. 015-09 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON APPROVING THE APPLICATION OF LAURIE WALTON FOR CURRENT USE OPEN SPACE CLASSIFICATION Copies of Ordinance No. 015-09 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. 015-09 will be provided at a nominal charge. City of Port Orchard Patti Kirkpatrick City Clerk Publish: Port Orchard Independent June 19, 2009