024-09 - Ordinance - Annexing Property to the CityCity of Port Orchard
City Clerk's Office
216 Prospect Street
Port Orchard, WA 98366
PORT ORCHARD CITY OF 200910290069
Ordinance Rec Fee: $ 70.00
10/29/2009 12:34 PM Page 1 of 9
Waller Washington, Kits Cc Auditor
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Introduced by: Development Director
Requested by: Development Director
Drafted by: Development Director
Introduced: October 13, 2009
Adopted: October 13, 2009
ORDINANCE NO. 024-09
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, ANNEXING CERTAIN REAL PROPERTY
TO THE CITY CONSISTING OF APPROXIMATELY 18.18
ACRES IN THE VICINITY OF SEDGWICK ROAD AND
GEIGER 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
Sl)SLO
PROPERTY LOCATION: SITUATED WITHIN SECTION 2
AND ECTION ii, TOWNSHIP 23 NORTH, RANGE i
L T, W.M., KITS" COUNTY, WASHINGTON.
ASSESSOR'S ACCOUNT NUMBERS: 112301-1-028-2001, 112301-1-
027-2002, 112301-1-026-2003, 112301-1-025-2004, 112301-1-024-
2005, 112301-1-020-2009, 112301-1-021-2Oo8, 112301-1-045-2000,
and 112301-1-033-2004•
Ordinance No. 024-09
Paize 2 of 9
WHEREAS, on March o6, 2009, the City Council received a notice of intent to
petition for annexation for nine parcels consisting of approximately 18.18 acres located in
the vicinity of Sedgwick Road (State Route 160) and Geiger Road, as legally described and
geographically depicted 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 (10%) of the value of the property for which annexation is petitioned;
and
WHEREAS, a meeting was held on March 24, 2009, 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 17, 2009 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 (60%) 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
Parcels 112301-1-028-2001, 112301-1-027-2002, 112301-1-020-2009, and 112301-1-033-
2004 Highway/Tourist Commercial (HTC) on the Comprehensive Plan map and
Highway/Tourist Commercial (10-3o DU/Ac) on the zoning map; and designated Parcels
112301-1-026-2003, 112301-1-025-2004, 112301-1-024-2005, 112301-1-021-2008, and
112301-1-045-2000 Urban Low -Density Residential on the County Comprehensive Plan
map and Urban Low Residential (4-9 DU/Ac) on the County 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. 042-08 designating the proposed annexation Commercial on the City's
Comprehensive Plan and Commercial Retail/Office zoning on the City's zoning map for Tax
Parcels 112301-1-028-2001, 112301-1-027-2002, 112301-1-020-2009, and 112301-1-033-
2004; and designating Low Density on the City's Comprehensive Plan and Residential:
Ordinance No. 024-09
Page 3 of 9
"R4.5" on the City's zoning map for Tax Parcels 112301-1-026-2003, 112301-1-025-2004,
112301-1-024-2005,112301-1-045-2000, and 112301-1-021-2008, to become effective upon
annexation; and
WHEREAS, the Port Orchard Planning Commission held a public meeting on
September 21, 2oo9 and adopted Resolution oo6-o9 recommending approval of the
petition for annexation, with a Comprehensive Plan designation of Commercial and
Commercial Retail/Office zoning for Tax Parcels 112301-1-028-2001,112301-1-027-2002,
112301-1-020-2009, and 112301-1-033-2004; a Comprehensive Plan designation of
Residential: High Density and R20 zoning for Tax Parcels 112301-1-026-2003, 112301-1-
025-2004, 112301-1-024-2005, and 112301-1-021-2oo8; and a Comprehensive Plan
designation of Public and Community Spaces and Community Facilities zoning for Tax
Parcel 112301-1-045-2000, 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 parcels 112301-1-026-2003,112301-1-025-2004,112301-
1-024-2005, 112301-1-021-2oo8, and 112301-1-045-20oo and until such time as the
Comprehensive Plan amendment process for 2009 is completed and that such interim
zoning for these parcels is justified because: the parcels will be served by adequate public
sewer, water supply, roads, and other needed public facilities; the parcels are adjacent to
areas of Urban High -Intensity Commercial/Mixed Use designations within the City; the
interim zoning designation of Community Facilities for parcel 112301-1-045-2000 is
consisted with the existing use of the property; and the interim zoning designation of "R20"
single/multiple family detached/attached for parcels 112301-1-026-2003, 112301-1-025-
2004, 112301-1-024-2005, and 112301-1-021-2oo8 is consistent with the uses in the
surrounding area.
WHEREAS, pursuant to RCW 35.13.140, the City Council held public hearing on
December 23, 20o8 and October 13, 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,
Ordinance No. 024-09
Page 4 of 9
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 g. 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 112301-1-026-2003,112301-1-025-2004, 112301-1-024-2005,
and 112301-1-021-2oo8, 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: High Density and an interim Zoning
designation of "R20" for parcels 112301-1-026-2003, 112301-1-025-2004, 112301-1-024-
2005, and 112301-1-021-2oo8. 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 d. 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 112301-1-045-2000 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 112301-1-045-2000. 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 of Community
Facilities
SECTION r;. The interim designation of Residential: High Density and Zoning
designation of "R20" single/multiple family detached/attached for parcels 112301-1-026-
2003, 112301-1-025-2004, 112301-1-024-2005, and 112301-1-021-2oo8 and the interim
designation of Public and Community Spaces and an interim Zoning designation of
Community Facilities for parcel 112301-1-045-2000 shall be included in the City's annual
Ordinance No. 024-09
Page 5 of 9
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 6. 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 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 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.
SECTION o. 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 io. 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.
Ordinance No. 024-09
Page 6 of e
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 13th day of October 2009.
APPROVED AS TO FORM:
Gregory A. ac by, "Attorney
Sponsored by:
Rob Putaansuu, Councilmember
Ordinance No. 024-09
Page 7 of 9
Exhibit A
Legal Description for
Geiger2 Petition for Annexation
to the City of Port Orchard, Washington
P.O. File No. A-21-09
The following described area situate within Section 2, Township 23 North, Range 1 East,
W.M., Kitsap County, Washington:
The South 30 feet of the Southwest quarter of the Southwest quarter of the
Southeast quarter;
EXCEPT that portion within the City of Port Orchard;
And the following described areas situate within Section 11, Township 23 North, Range
1 East, W.M., Kitsap County, Washington:
The Northwest quarter of the Northeast quarter;
EXCEPT the North 150 feet of the South 350 feet of the West 393.5 feet;
Also EXCEPT the South 200 feet of the West 643.5;
Also EXCEPT the South 650 feet lying east of the West 643.5 feet;
Also EXCEPT that portion within the City of Port Orchard;
And the West 266 feet of the South half of the North half of the Northeast quarter
of the Northeast quarter.
As provided by Kitsap County Public Works June 17, 2009
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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 October 13, 2009.
ORDINANCE NO. 024-09
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, ANNEXING CERTAIN REAL PROPERTY
TO THE CITY CONSISTING OF APPROXIMATELY 18.18
ACRES IN THE VICINITY OF SEDGWICK ROAD AND
GEIGER 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. 024-09 is 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. 024-09 will be
provided at a nominal charge.
City of Port Orchard
Patti Kirkpatrick
City Clerk
Publish: Port Orchard Independent
October 23, 2009