024-07 - Ordinance - Annexing Property to the CityCity of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
ORDINANCE NO. 024-07
AN ORDINANCE THE CITY OF PORT ORCHARD, WASHINGTON, ANNEXING
CERTAIN REAL PROPERTY TO THE CITY, REQUIRING THE ANNEXED
PROPERTY TO BE ASSESSED AND TAXED AT THE SAME RATE AND BASIS
AS OTHER PROPERTY WITHIN THE CITY, AND ESTABLISHING
COMPREHENSIVE PLAN DESIGNATIONS FOR THE PROPERTY. THE
PROPERTY IS LOCATED IN SECTION 10 TOWNSHIP 23 NORTH, RANGE 1
EAST, W.M., IN KITSAP COUNTY, WASHINGTON
ASSESSORS ACCOUNT NUMBERS: 1023-014-047-2003, 1023-013-007-
2003, 1023-013-001-2009, 1023-013-011-2007, 1023-014-001-2007
WHEREAS, The City Council was notified in writing by the owner of 100% in value
of the real properly legally described and geographically depicted in Exhibit "A" attached hereto, of
the owner's intention to commence annexation proceedings; and
WHEREAS, a meeting was held on the 22nd day of January, 2007, between the
initiating party 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 designations, and the
assumption of city indebtedness by the area to be annexed upon annexation; and
WHEREAS, the petition was circulated, filed with the City Council, and certified by
the County Assessor as containing the signatures of owners as set forth in RCW 35.21.005, of
100% in value, according to the assessed valuation for general taxation, of the property to be
annexed; and
WHEREAS, the City properly filed a Notice of Intention and related documents
with the Kitsap County Boundary Review Board, and the proposed annexation was deemed
approved by the Board on August 5, 2007, pursuant to RCW 36.93.100(4); and
WHEREAS, parcel number 1023-014-047-2003 is currently designated Urban High
Intensity Commercial/Mixed Use and parcel numbers 1023-013-007-2003, 1023-013-001-2009,
Ordinance No. 024-07
Page 2 of 3
1023-013-011-2007, 1023-014-001-2007 are currently designated Urban Low -Density Residential
on the Kitsap County Comprehensive Plan Map, and;
WHEREAS, the most similarly corresponding designation in the City of Port
Orchard Comprehensive Plan for parcel number 1023-014-047-2003 is High Density Residential,
and the most similarly corresponding designation in the City of Port Orchard Comprehensive Plan
for parcel numbers 1023-013-007-2003, 1023-013-001-2009, 1023-013-011-2007, 1023-014-001-
2007 is Medium Density Residential, and;
WHEREAS, pursuant to RCW 35.13.140, a public hearing was held on August 13,
2007, which hearing was duly noticed by the City Clerk 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; 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 11A" 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 date of annexation.
Section 3. As provided in section VI-4 of the City of Port Orchard
Comprehensive Plan, parcel number 1023-014-047-2003 is hereby designated High Density
Residential, and parcel numbers 1023-013-007-2003, 1023-013-001-2009, 1023-013-011-2007,
1023-014-001-2007 are hereby designated Medium Density Residential on the City of Port Orchard
Comprehensive Plan Map, which are the most similarly corresponding designations to the County's
Comprehensive Plan Designations. Zoning for all properties within the territory annexed shall be
determined by site plan specific rezone pursuant to Part 2, Section 11(f) of the City of Port Orchard
Planning and Development Procedures when a development proposal for such property is formally
submitted. No land use applications shall be accepted by the City for any property within the
annexation area until zoning for such property is determined through the site plan specific rezone
process.
Ordinance No. 024-07
Page 3 of 3
Section 4. 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
35.13.260, and to provide such other notice of this annexation as required by law.
Section S. Severability. If any section, subsection, paragraph, sentence,
clause, or phrase of this Ordinance is declared unconstitutional or invalid for any reason, such
decision shall not affect the validity of the remaining portions of this ordinance.
Section 6. Effective Date of Annexation. 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, signed by the Mayor and
attested by the City Clerk in authentication of such passage this 13th day of August 2007.
ATTEST:
Michelle Merlino, City Clerk
APPROVED AS TO FORM:
7
Kim Abel, MAYOR
Sponsored by:
Fred Chang, Councilm °ber
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 August 13, 2007.
ORDINANCE NO. 024-07
AN ORDINANCE THE CITY OF PORT ORCHARD, WASHINGTON,
ANNEXING CERTAIN REAL PROPERTY TO THE CITY, REQUIRING THE
ANNEXED PROPERTY TO BE ASSESSED AND TAXED AT THE SAME RATE
AND BASIS AS OTHER PROPERTY WITHIN THE CITY, AND
ESTABLISHING COMPREHENSIVE PLAN DESIGNATIONS FOR THE
PROPERTY. THE PROPERTY IS LOCATED IN SECTION 10 TOWNSHIP 23
NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON
Copies of Ordinance No. 024-07 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. 024-07 will be
provided at a nominal charge.
City of Port Orchard
Patti Kirkpatrick
Deputy City Clerk
Publish: Kitsap Sun
August 14, 2007