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029-07 - Ordinance - Updating Zoning Map for Terry Cousins AnnexationCity of Port Orchard 216 Prospect Street Port Orchard, WA 98366 PORT ORCHARD CITY OF 200710290006 Ordinance Reo Fee: $ 47.00 10 / 2912007 09 : 30 AM r Page: 1 of B Karen Flynn. Kitsap Go Audito I i1111111111111 Ji 1141 ill 1i111111111 i111 IT ill 11 Illllil 111 If Ill ORDINANCE NO. 029-07 AN ORDINANCE THE CITY OF PORT ORCHARD DESIGNATING PROPERTY COMMERCIAL. ON THE CITY OF PORT ORCHARD COMPREHENSIVE PLAN MAP AND COMMERCIAL -RETAIL AND OFFICE (Co) ON THE CITY OF PORT ORCHARD ZONING MAP, TO BECOME EFFECTIVE UPON ANNEXATION. THE PROPERTY IS LOCATED IN SECTION 10, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON ASSESSORS ACCOUNT NUMBER: 102301-4-050-2007 WHEREAS, in December 2006 Kitsap County added the property legally described and geographically depicted in Exhibit "A" ("the Property") to the City of Port Orchard UGA and designating the Property on the county comprehensive plan as Urban High Intensity Commercial/Mixed Use; and WHEREAS, the Property is a .83 acre parcel contiguous to the City limits, located on the northwest side of the intersection of Sidney Road SW and SW Sedgwick Road, and WHEREAS, the owner of the Property has submitted a Petition for Annexation, to annex the Property to the City of Port Orchard, 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 36.70A.130(2)(b), after appropriate public participation a city may adopt amendments or revisions to its comprehensive plan whenever an emergency exists; and Ordinance No. 029-07 Page 2 of 6 WHEREAS, the Planning Commission held a Public Meeting for the pre -annexation comp plan/zoning designation on May 21, 2007 and recommended that the City Council designate the Property Commercial on the City of Port orchard Comprehensive Plan Map and Commercial — Retail and Office (Co) on the City of Port Orchard Zoning Map, to become effective upon annexation; and WHEREAS, City Council held public hearings on the pre -annexation comp plan/zoning designation on June 25, 2007 and September 24, 2007; and WHEREAS, being fully advised, the Council finds and concludes as follows: FINDINGS 1. A Petitioner for Annexation of the Property into the City was received on May 15, 2007, 2. The Property is located with the City's Urban Growth Area and is contiguous to the City limits. 3. The Property is currently designated Urban High Intensity Commercial/Mixed Use in the County Comprehensive Plan and Highway Tourist Commercial in the County zoning map. 4. The Property will be served by adequate public sewer, water supply, roads, and other needed public facilities and services. 5. The Property will have access from SW Sedgwick Road. 6. The Property is adjacent to commercial zoned areas. The applicant proposes to extend commercial development on the Property. 7. If the City does not immediately adopt pre -annexation comp plan/zoning designations for the Property then the Property may be annexed into the City of Port orchard without any comprehensive plan or zoning designations, which would be contrary to the policies and goals of the Growth Management Act and the City's comprehensive plan. PORT ORCHARD CITY OF 200710290006 Ordinance Rec Fee $ 47.00 Page: 2 ai 8 10f29l2007 09:30 A�1 Karen Flynn; Kitsap Co Auditor 1 1111111111111111 11 111111 f 1111111111111111111111111 11111111111111111111111 Ordinance No. 029-07 Page 3 of 6 8. The purpose of the Commercial designation is to provide for the broadest mix of retail, service, office, and commercial recreation/cultural uses serving Port Orchard and surrounding market areas while offering significant employment opportunities. CONCLUSIONS 1. Commercial is the most appropriate comprehensive plan designation for the Property. Designating the Property Commercial is in conformance with the goals and policies of the Comprehensive Plan and the Growth Management Act. 2. Designating the Property Commercial is in furtherance of the health, safety, and general welfare of the community. Zoning the Property Commercial -- Retail and Office (Co), is consistent with the City's Zoning Ordinance and Comprehensive Plan, and is in furtherance of the health, safety, and general welfare of the community. 4. An emergency exists, justifying an exception to the requirement that amendments or revisions to a comprehensive plan be considered no more frequently than once every year. WHEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION 1. The City of Port Orchard Comprehensive Plan Map, adopted by Ordinance No. 1634, is hereby amended by adding the property described in Exhibit "A" and designating it Commercial, to become effective upon annexation. SECTION 2. The amendment to the Comprehensive Plan Map is declared an emergency under RCW 36.70A.130(2)(b). SECTION 3. The City of Port Orchard Zoning Map, adopted by Ordinance No. 1748, is hereby amended by adding the property described in Exhibit "A" and classifying it Commercial - Retail and Office (Co), to become effective upon annexation. SECTION 4. 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 S. 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. PORT ORCHARD CITY OF 200710290006 ordinance_Rec Fee: $ 47,00 Page: 3 of B i012912007 09:30 AM Karen Flynn, Kit saP CO Auditor � 111111 Ili 1111 lilt I I l 11 I I I I I I I 11111111111111111111111111111111 Ordinance No. 029-07 Page 4 of 6 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 24th day of September 2007. ATTEST: Michelle Merlino, City Clerk APPROVED AS TO FORM: -','�Ootw 49r: City Attorn Kim Abel, MAYOR Sponsored by: Rita Dilenno, Councilmember PORT ORCHARD CITY OF 200710290006 ❑rdinanae Rec Fee: $ 47.00 page: 4 of 8 10f2912007 09:30 AM Karen F1Ynn� Ki#sap Co Auditor 111111111111111111111111114 #111111 i11111ii1111i111 ill 111 IN Exhibit A 102301-4-050-2007 THAT PORTION OF THE NORTHEAST QUARTER OF THE 10, TOWNSHIP 23 NORTH, RANGE 1 EAST, W,M., KIT, NORTHWEST OF THE SOUTHERLY RIGHT OF WAY MA' THE NORTH 375 FEET THEREOF. Ordinance No. 029-07 Page 5 of 6 SOUTHEAST QUARTER OF SECTION AP COUNTY, WASHINGTON; LYING .GIN OF SEDGWICK ROAD; EXCEPT PORT ORCHARD CITY OF 200710290006 Ordinance Rec Fee: $ 47.00 10f29l2007 p9:30 AM page: 5 of S Karen Flynn, Kitsap Ca Auditor I IIIIIII III 111111 IIII 1411111111111111111111111111111 i ]III MIN III IIII IIII Ordinance No. 029-07 Page 6 of 6 COUSINS HARVEY & TERRY 10230 -4-0 0-200i Coppight Q Kitsap County .2 0 07 PART OFtCHRRD e RCITY OF 200710290�� Ordinanc$ 47 pQ Kare9 F�0npgecK305Fee: dP Cfl Auditor II t1tI�i1111I lu1111111111itffll 11,1l���111',lllff l�ldli p�9B 6 p� (1Itill llil Page 1 of 1 Patti Kirkpatrick From: Kitsap Legals[kitsaplegals@soundpublishing.com] Sent: Wednesday, September 26, 2007 1:15 PM To: Patti Kirkpatrick Subject: Re: Legal Ads Thank you Patti, Aii 6 Ordinances (0 7-07, 028-07, 029--07; 030-07, 031-07 and 032_07) are scheduled flor publication this Saturday 9/29/07, Sincerely, Malia Parrish Kitsap Legzfls Sound Publishing, Inc. 19351 8th Ave NE, Suite 205 Poulsbo, WA 98370 p: 3€ 0-394-8714 **'f; 360-598-4611 (near as of 9/6/07) From: Patti Kirkpatrick To.- Legais Pore Orchard in lependent - nad) Sent, Tue, 25 Sep 2007 13:36:1. -0700 Subject: Legaf Avis Hello, Please run the attached legal ads in Saturday, September 29th's paper. Please let me know if you have any questions or need anything further. Patti Kirkpatrick, CMC Deputy City Clerk City of Port Orchard 360.876.4407 y }' c [ not do f, 5it?dr;(-'ss' oo soon because ; ou ('-"Vel �"now how :i(ior,, ii wik be too; late," R',Mph8 Waldo Emerson PORT ORCHARD CITY OF 200710290006 Ordinance Reo Fee: $ 47,00 Karen/Pn OD�©9Kitsap Co Auditor 111111ii(1111111�(1111111111I11ligII11,Ifg111,lpl111,11,IJ�III, 111I Page 8 of 9/26/2007 NOTICE OF CITY OF PORT ORCHARD ORDINANCE The following is a summary of Ordinances approved by the Port Orchard City Council at their regular Council meeting held July 23, 2007. ORDINANCE NO. 029-07 AN ORDINANCE THE CITY OF PORT ORCHARD DESIGNATING PROPERTY COMMERCIAL ON THE CITY OF PORT ORCHARD COMPREHENSIVE PLAN MAP AND COMMERCIAL -RETAIL AND OFFICE (Co) ON THE CITY OF PORT ORCHARD ZONING MAP, TO BECOME EFFECTIVE UPON ANNEXATION. THE PROPERTY IS LOCATED IN SECTION 10, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON Copies of Ordinance No. 029-07 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. 029-07 will be provided at a nominal charge. Ci f Port rchard . 4atti PKirk iatric Deputy City Clerk Publish: Port Orchard Independent�� September 29, 2007 PORT ORCHARD CITY OF 200710290006 ordinance Rec Fee: $ 47.00 Page: 7 of 9 1012912007 09.34 AM Karen Flynn, Kitsap Co Auditor 111111 111111111111111111111111111111111111111111111! 111111111111 III 11111111