019-06 - Ordinance - Amending City's Comp PlanNOTICE 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 September 25, 2006.
ORDINANCE NO. 019-06
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING
THE CITY OF PORT ORCHARD COMPREHENSIVE PLAN MAP BY REDESIGNATING
PROPERTY KNOWN AS THE BROWN, RICE & KRUEGER PROPERTY (TAX NOS.
112301-2-010-2009, 112301-2-011-2008, 112301-2-012-2007, 112301-2-013-
2006, 112301-2-023-2004, 112301-2-024-2003) AS COMMERCIAL ON THE
COMPREHENSIVE PLAN LAND USE MAP WITH A 100 FT. REDUCTION TO THE
GREENBELT ZONE
Copies of Ordinance No. 019-06 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. 019-06 will be
provided at a nominal charge.
City of Port Orchard
Michelle Merlino
Interim City Clerk
Publish: Port Orchard Independent
September 30, 2006
KitsaPleoals(a)soundoublishina.com
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ORDINANCE NO. 019-06
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING THE CITY OF PORT ORCHARD COMPREHENSIVE PLAN
MAP BY REDESIGNATING PROPERTY KNOWN AS THE BROWN, RICE
& KRUEGER PROPERTY (TAX NOS. 112301-2-010-2009, 112301-2-
011-2008, 112301-2-012-2007, 112301-2-013-2006, 112301-2-023-
2004, 112301-2-024-2003) AS COMMERCIAL ON THE
COMPREHENSIVE PLAN LAND USE MAP WITH A 100 FT. REDUCTION
TO THE GREENBELT ZONE
Tax Parcel Nos: 112301-2-010-2009; 112301-2-011-2008; 112301-2-012-2007;
112301-2-013-2006; 112301-2-023-2004; 112301-2-024-2003
LEGAL DESCRIPTION: NWI/a, Sll, T23N, R1E
FULL LEGAL DESCRIBED IN EXHIBIT "A"
WHEREAS, on June 12, 1995 the City Council by Ordinance No. 1634 adopted the
City's Comprehensive Plan; and
WHEREAS, on December 28, 1998, the City Council in Ordinance No. 1748 adopted
the City's Zoning Ordinance; and
WHEREAS, the applicants have initiated a Comprehensive Plan Map Amendment,
Application No. CA26-05, requesting that the property legally described in Exhibit "A" be designated
as "Commercial' and "Greenbelt" in the City's Comprehensive Plan; and
WHEREAS, the property described in Exhibit "A" is not in the City limits of Port
Orchard, but is within the City's Urban Growth Area as designated by Kitsap County's
Comprehensive Plan, and is contiguous to the City of Port Orchard; and
WHEREAS, under the Kitsap County regulations, the property is currently designated
in the Kitsap County Comprehensive Plan and zoned Highway Tourist Commercial and Rural
Ordinance No. 019-06
Page 2 of 4
Protection; and
WHEREAS, a programmatic Determination of Non -Significance was issued on August
4, 2006.
WHEREAS, the Planning Commission held a Public Meeting for the proposed
Comprehensive Plan Map amendment August 21, 2006; and
WHEREAS, the Planning Commission met on August 21, 2006, and resolved to
recommend that the subject property be designated Commercial and Greenbelt on the
Comprehensive Plan Land Use Map, effective upon annexation, with future zoning to be addressed
by a site -specific rezone when a development proposal is formally submitted, which would establish
a Greenbelt zone for the areas within 200 ft of Blackjack Creek and zone the rest of the property as
Commercial; and
WHEREAS, the City of Port Orchard Planning Commission has transmitted to the
Council of the City of Port Orchard their findings and conclusions as stated in Planning Commission
Resolution No. 016-06, recommending Comprehensive Plan Map Amendment Application No. CA26-
05 be approved for the reasons stated therein; and
WHEREAS, the City Council has reviewed the recommendation of the Planning
Commission concerning these issues, held a public hearing on September 11, 2006 to take public
testimony;
WHEREAS, being fully advised, the Council finds and concludes as follows
TESTIMONY AND EXHIBITS
d
The Council bases its Findings and Conclusions on the following Exhibits and Testimony:
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1.
The following documents were admitted into the record as exhibits:
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a. Agenda Staff Report dated September 11, 2006.
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b. Planning Commission Resolution No. 016-06
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c. Planning Commission Staff Report dated August 21, 2006
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d. Application Packet.
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e. Notice/SEPA/DNS
f. Notice to adjacent property owners.
g. Revised site plan.
2.
Director Long -Woods presented the Staff Report.
3.
William Palmer spoke on behalf of the applicants.
4.
Ron Rice, applicant, spoke in favor of his application and stated they wanted to annex
into the city.
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5.
Richard Brown, applicant, spoke in favor of his application.
6.
Michael Gil, spoke in his capacity as a private citizen in favor of the application.
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7.
No other members of the public testified on this matter at the City Council Public Hearing.
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Ordinance No. 019-06
Page 3 of 4
FINDINGS:
1. Applicants have submitted an application for a Comprehensive Plan
Amendment, to designate their properties as Commercial and GREENBELT, and specifically
requesting that the Greenbelt zone be reduced by 100 ft., under the City's Comprehensive Plan.
The parcels are outside but contiguous with the City limits (Tax No. 112301-2-010-2009; 112301-2-
011-2008; 112301-2-012-2007; 112301-2-013-2006; 112301-2-023-2004; 112301-2-024-2003) and
are within the City's UGA.
2. The proposed comprehensive plan amendment site consists of six parcels
totaling 29.96 acres. Blackjack Creek is located on the eastern portion of the site and Ruby Creek is
located at the north boundary of the site.
3. The site fronts Sidney Road SW to the west, and SR16 to the east. The
properties to the south and east are within the City limits and are designated Commercial. Other
properties to the north and west are park of unincorporated Kitsap County and are designated as
Rural Protection. All surrounding properties are within the city limits of Port Orchard.
4. RCW 35.13.177 authorizes the City to adopt pre -annexation comprehensive
plan designations/amendments for any property that might reasonably be expected to be annexed
into the City. Applicants have presented testimony that it is their intent to seek annexation by
petition. The City Council finds that this property is reasonably expected to be annexed into the
City.
5. RCW 36.70A.130 allows the City to amend comprehensive plan and zoning
� designations.
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6. The utilities for the property are currently available from the City. The
o ' :z .3 property will be served by adequate public sewer, water supply, roads, and other needed public
(oo a a facilities and services.
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7. The site has access to Sidney Road SW.
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CONCLUSIONS
1. Amending the Comprehensive Plan to designate the Brown/Rice/Krueger
Properties (Tax No. 112301-2-010-2009; 112301-2-011-2008; 112301-2-012-2007; 112301-2-013-
2006; 112301-2-023-2004; 112301-2-024-2003) as Commercial property with a 100 ft. reduction in
the GREENBELT designation (As depicted in the revised site plan) is appropriate under the
comprehensive plan and is in conformance with the goals and policies of the Comprehensive Plan
and the Growth Management Act.
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2. Designating the property to Commercial and Greenbelt is in furtherance of the
health, safety, and general welfare of the community.
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PORT ORCHARD CITY
Ordinance No. 019-06
Page 4 of 4
3. Future zoning of the property to Commercial (CO)/Greenbelt, with a 100 ft.
reduction to the Greenbelt zone (As depicted in the revised site plan) , is compatible with existing
zoning in the area and 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. It is in the public interest to designate Brown/Rice/Krueger Properties (Tax
No. 112301-2-010-2009; 112301-2-011-2008; 112301-2-012-2007; 112301-2-013-2006; 112301-2-
023-2004; 112301-2-024-2003) as Commercial/ GREENBELT, on the Comprehensive Plan Land Use
Map, with future zoning to be addressed by a site -specific rezone when a development proposal is
formally submitted
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION 1. Ordinance No. 1634, the City of Port Orchard Comprehensive Plan,
Land Use Map, is hereby amended to designate the Brown Rice & Krueger Property as
Commercial/Greenbelt on the Land Use Map pursuant to the conclusions as set forth above to be
effective upon annexation.
SECTION 2. 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 3. 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, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 25th day of September 2006.
ATTEST:
Michelle Merlino, Interim City Clerk
APPROVED AS TO FORM:
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KIM E. ABEL, MAYOR
Sponsored by:
Rick�ya—tt, Councilmember
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Page 2
EXHIBIT A
THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER, SECTION 11, TOWNSHIP 23 NORTH, RANGE 01 EAST, W.M., IN
KITSAP COUNTY, WASHINGTON;
EXCEPT THE SOUTH 165 FEET; AND
EXCEPT SIDNEY ROAD; AND
EXCEPT THAT PORTION CONVEYED TO STATE OF WASHINGTON BY DEED
RECORDED UNDER AUDITOR'S FILE NO, 1149528.
PARCEL 3 - 112301-2-023-2004
Lester Et Betty Krueger
E 14241 Hwy 106
Belfair, Washington 98528
SITUS ADDRESS:
PARCEL SIZE:
ASSESSED VALUATION:
LEGAL DESCRIPTION:
2.42 Acres
$ 29,220 (2004)
LOT A OF SHORT PLAT 4098, RECORED JULY 24, 1986 UNDER AUDITOR'S
FILE NUMBER 8607240132, DESCRIBED AS FOLLOWS:
THE SOUTH 82.5 FEET OF THE NORTH HALF OF THE SOUTHWEST QUARTER
OF THE NORTHWEST QUARTER, SECTION 11, TOWNSHIP 23 NORTH, RANGE
01 EAST, W.M., IN KITSAP COUNTY, WASHINGTON;
EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON BY DEED
RECORDED UNDER AUDITOR'S FILE NO. 1149528; AND
EXCEPT THAT PORTION CONVEYED TO KITSAP COUNTY BY DEED RECORED
UNDER AUDITOR'S FILE NUMBER 9206020331.
PARCEL 4 - 112301-2-024-2003
Lester Ft Betty Krueger
E 14241 Hwy 106
Belfair, Washington 98528
SITUS ADDRESS:
PARCEL SIZE:
ASSESSED VALUATION:
LEGAL DESCRIPTION:
2.42 Acres
$ 29,220 (2004)
LOT B OF SHORT PLAT 4098, RECORED JULY 24, 1986 UNDER AUDITOR'S
FILE NUMBER 8607240132, DESCRIBED AS FOLLOWS:
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THE NORTH 82.5 FEET OF THE SOUTH 165 FEET OF THE NORTH HALF OF
THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, SECTION 11,
TOWNSHIP 23 NORTH, RANGE Ot EAST, W.M., IN KITSAP COUNTY,
WASHINGTON;
EXCEPT ROADS; AND
EXCEPT THAT PORTION CONVEYED TO KITSAP COUNTY BY DEED RECORED
UNDER AUDITOR'S FILE NUMBER 9206020331.
PARCEL 5- 112301-2-011-2008
Ronald G. Rice
369 SW Sedgwick Road
Port Orchard, Washington 98367
SITUS ADDRESS:
PARCEL SIZE: 4.68 Acres
ASSESSED VALUATION: $ 50,050 (2004)
LEGAL DESCRIPTION:
THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 11, TOWNSHIP 23 NORTH, RANGE 01 EAST, W.M., IN
KITSAP COUNTY, WASHINGTON;
EXCEPT THE SOUTH 15 ACRES; AND
EXCEPT THE SOUTH 60 FEET OF THE WEST 150 FEET THEREOF; AND
EXCEPT SIDNEY ROAD S.W. (COUNTY ROAD NO. 44); AND
ALSO EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON
FOR HIGHWAY PURPOSES BY DEED RECORDED UNDER AUDITOR'S FILE
NUMBER 1153509; AND
EXCEPT THAT PORTION CONVEYED TO KITSAP COUNTY BY DEED RECORDED
UNDER AUDITOR'S FILE NO. 9104290143;
SITUATE IN KITSAP COUNTY, WASHINGTON.
PARCEL 6- 1123014-012-2007
Ronald G. Rice
369 SW Sedgwick Road
Port Orchard, Washington 98367
SITUS ADDRESS: 5367 Sidney Road SW
PARCEL SIZE: 0.17 Acres
ASSESSED VALUATION: $ 37,780 (2004)
LEGAL DESCRIPTION:
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Page 4
THE SOUTH 60 FEET OF THE WEST 150 FEET;
EXCEPT SIDNEY ROAD S.W. (COUNTY ROAD NO. 44) OF THE FOLLOWING
DESCRIBED PROPERTY:
THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 11, TOWNSHIP 23 NORTH, RANGE 01 EAST, W.M., IN
KITSAP COUNTY WASHINGTON; AND
EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON FOR
HIGHWAY PURPOSES BY DEED RECORDED UNDER AUDITOR'S FILE NUMBER
1153509;AND
EXCEPT THAT PORTION CONVEYED TO KITSAP COUNTY BY DEED RECORDED
UNDER AUDITOR'S FILE NO. 9104290143;
SITUATE IN KITSAP COUNTY, WASHINGTON.
PARCEL 7- 112301-2-013-2006
RICHARD A. BROWN
P.O. Box 545
Port Orchard, Washington 983667
SITUS ADDRESS:
PARCEL SIZE: 4.82 Acres
ASSESSED VALUATION: $ 43,150 (2004)
LEGAL DESCRIPTION:
THE NORTH 5.0 ACRES OF THE SOUTH 15 ACRES OF THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 23
NORTH, RANGE 01 EAST, W.M., IN KITSAP COUNTY, WASHINGTON;
EXCEPT SIDNEY ROAD N.W. ON THE WEST SIDE THEREOF; AND
EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON FOR
HIGHWAY PURPOSES BY DEED RECORDED UNDER AUDITOR'S FILE NUMBER
1153387; AND
EXCEPT THAT PORTION CONVEYED TO KITSAP COUNTY BY DEED RECORDED
UNDER AUDITOR'S FILE NO. 9104080120;
SITUATE IN KITSAP COUNTY, WASHINGTON.
TOTAL ACREAGE IN PARCELS TO BE ANNEXED: 33.39 ACRES
TOTAL ASSESSED VALUATION OF ANNEXATION AREA: $615,520
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