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Home My WebLink About5002 ORDINANCE NO. 5002 Citizen petition requesting a recall election was submitted in April, 2007. Recall Election was held August 21, 2007 and citizens voted against annexation. ORDINANCE NO. 5002 AN ORDINANCE of the City Council of the City of Bremerton, Washington, approving the annexation of certain lands comprising approximately 171 acres in the West Hills area of West Bremerton situated within an island of unincorporated Kitsap County territory that is completely encompassed by City of Bremerton; adopting comprehensive plan and zoning designations, subject to interim zoning controls adopted herein; adopting interim zoning controls of RIO zoning in a majority of the area designated Industrial; setting June 1, 2007 as the effective date of the annexation; and establishing Council Districts for the annexed area. WHEREAS, RCW 35.13.182 provides for an abbreviated procedure to annex unincorporated islands of property having at least 80% of the boundaries of such area contiguous to the city, initiated by City Council Resolution; and WHEREAS, City Council seeks to annex territories within City of Bremerton Urban Growth Areas that contribute to the overall economic and social health and well being of the City and lead to an orderly and logical pattern of development; and WHEREAS, the proposed area for annexation is legally described and further depicted in Exhibit A, legal description and Exhibit B, map, attached hereto and incorporated herein by reference; and WHEREAS, the proposed area for annexation is located within the City's Urban Growth Area (UGA) and is completely encompassed by the City; and WHEREAS, the land use designations previously established by the City for the proposed area for annexation are Low Density Residential (LDR) and Industrial (1) as depicted on the City of Bremerton Comprehensive Plan Land Use Map; and WHEREAS, Kitsap County, during its recent ten year comprehensive plan update, significantly reduced the area designated Industrial in the West Hills Island which is inconsistent with the City's designation for the area; and WHEREAS, Much of the area designated Industrial by the City currently consists of residential uses; and 1 West Hills Island Annexation WHEREAS, the City Council believes that the City's Industrial designation should be re-evaluated and designated to be consistent with the County's land use designation and the existing uses in the West Hills Island through the City's annual comprehensive plan amendment process and further that interim zoning controls pursuant to RCW 35.63.200 should be implemented until such time as the comprehensive plan amendment process is completed; and WHEREAS, pursuant to RCW 35.13.183, the Bremerton City Council passed Resolution 3023 on February 21,2007 initiating proceedings for annexation of the West Hills Island, and setting a date for public hearing of March 21,2007; and WHEREAS, pursuant to RCW 35.13.1822 residents and property owners in the area proposed for annexation have been afforded an opportunity to be heard during a public hearing on March 21, 2007 at the regular City Council meeting, and all statutory notice requirements for said hearing including publish in a newspaper of local circulation have been provided; and WHEREAS, pursuant to RCW 35.13.1821 the annexation is subject to potential referendum for 45 days after passage if a petition is prepared and signed by qualified electors in number equal to not less than ten percent of the votes cast in the last general state election in the area to be annexed; and WHEREAS, the City of Bremerton estimates that there are approximately 325 voters residing in the area, and this estimate is prepared based on the number of housing units located in the area proposed for annexation, and this number is subject to revision and adjustment based on Kitsap County Auditor records; and WHEREAS, the City of Bremerton has filed a Notice ofIntent to Annex document with the Kitsap County Boundary Review Board (BRB) and official BRB filing date is pending, and the annexation may not be effective before the Boundary Review Board statutory review period has expired; and WHEREAS, City of Bremerton has prepared an analysis of the costs and benefits and the anticipated fiscal impacts to the City of annexing the West Hills Island; and WHEREAS, City Council finds that it is in the best interest of the City to approve the proposed annexation as presented, require the simultaneous adoption of the comprehensive plan for the area proposed to be annexed as set forth in this ordinance and require the assumption of all or any portion of City indebtedness by the area to be annexed; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: 2 West Hills Island Annexation SECTION 1. There shall be annexed to the City of Bremerton, Washington, certain property situated in Kitsap County, Washington, commonly known as the "West Hills Island", which is legally described in Exhibit A attached hereto and incorporated herein by this reference, and as further identified in the map attached as Exhibit B incorporated herein by this reference. SECTION 2. The property hereby annexed shall assume and be subject to its proportionate share of the City's existing indebtedness and shall be assessed and taxed at the same rate and on the same basis that other property with in the City of Bremerton is assessed and taxed to pay for any outstanding general indebtedness of the City, if that indebtedness has been approved by the voters, contracted for, or incurred prior to, or existing at the effective date of this annexation. SECTION 3. The City's Comprehensive Plan land use designation of Low Density Residential (LDR) and Industrial (1), and Zoning of Residential Low Density (RIO) and Industrial (I) are hereby adopted for the West Hills Island annexation area as set forth in Exhibit C incorporated, herein by this reference subject to the interim zoning controls adopted herein. Based on the findings of fact set forth in the above recitals, the City Council hereby determines that it is necessary to adopt interim zoning controls for part of the annexation area. Accordingly, pursuant to RCW 35.63.200, there is hereby adopted interim zoning controls of Residential Low Density (RIO) zoning on that portion of the Industrial designation as shown in Exhibit C which is redesignated as Interim R-IO as shown in Exhibit D, incorporated herein by this reference. As long as the interim zoning controls are in effect, all use and development shall be subj ect to the City's land use and development regulations in effect for RIO zoning. SECTION 4. The interim zoning controls will expire six months from the effective date of annexation as defined in Section 6 below, unless the interim zoning controls are shortened or extended by action of the City Councilor until the effective date of any ordinance establishing new comprehensive land use designations for the West Hills Island, which ever is sooner. SECTION 5. The comprehensive plan and zoning designations for the West Hills Island shall be included in the City's annual comprehensive plan amendment process for 2007 for review and redesignation as appropriate. SECTION 6. This annexation will become effective June 1,2007 or the date following the expiration of the Boundary Review Board's 45 day review period, or if subject to a referendum election vote, the effective date of annexation pursuant to said vote if passed, whichever is later, and on that date, the annexation area shall become a part of the City of Bremerton, subject to all the laws and ordinance of the City except as otherwise provided by law. SECTION 7. This annexation ordinance shall be subject to potential referendum for 45 days after its passage. To initiate a referendum a petition signed by qualified electors in number equal to not less than ten percent of the votes cast in the last state election in the area to 3 West Hills Island Annexation be annexed must be prepared. If a timely and sufficient referendum petition is filed with the City Council, the question of annexation will be submitted to voters during the next general election, if one is to be held within 90 days, or at a special election called not less than 45 days nor more than 90 days after the filing of the petition. SECTION 8. Pursuant to RCW 35.13.260 within thirty (30) days from the effective date of this annexation as provided by law, the City Department of Community Development (DCD) of the City of Bremerton shall, under the direction of the Mayor of the City ofBremerton, determine the resident population of the annexed territory, which population determination shall consist of an actual enumeration of the population that shall be made in accordance with he practices and policies and subject to approval of the State of Washington's Office of Financial Management and which population shall be determined as of the effective date of this annexation as specified in this ordinance. DCD shall prepare a certificate signed by the Mayor and attested by the City Clerk in such form and containing such information as shall be prescribed by the State Office of Financial Management and the City Clerk shall thereafter submit that certificate in triplicate to the Office of Financial Management together with the population determination of the annexed territory. SECTION 9. Upon passage of this annexation ordinance, the City Clerk of the City of Bremerton, pursuant to RCW 35.13.150, shall send to the Office of the Clerk of the Kitsap County Board of Commissioners a certified copy of this ordinance. SECTION 10. City Council Districts. Upon the effective date of annexation, the property annexed by this ordinance shall be assigned to Bremerton City Council Districts 8 and 9 as depicted in Exhibit E incorporated herein by this reference. SECTION 11. Severabilitv. If anyone or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 12. Effective Date. This Ordinance shall take effect and be in force 10 days after the date of publication. PASSED by the City Council of the City of Bremerton, Washington this....2/~ daYOf'r~~LIv ,2007. ~1. . , _' WILL ~unc~ident Approved this (3()ZA.J day of - 4 West Hills Is/and Annexation APPROVED AS TO FORM: ~~~~ ROG ~ A. L BOVIGtr,Oty Attorney PUBLISHED the dld.J..J day of ~~1~ ) EFFECTIVE the .5::1-;'.J day of ORDINANCE NO. $004 ATTEST: -- PA ,2007 ,2007 R:\Legal\Legal\Files\Current Active Files\Annexation - West Hills Island\Annexation Ordinance.doc 5 West Hills Island Annexation Exhibit A Legal Description LEGAL DESCRIPTION FOR WEST HILLS ISLAND ANNEXATION Those portions of Sections 16 and 21, Township 24 North, Range 1 East, W.M., described as follows: Beginning at the southwest comer of the Plat of Leibly & Blumer's I sl Addition to Bremerton Heights, as recorded in Volume 3 ofthe book of plats, Page 89, records of Kitsap County, Washington, also being a point on the east-west centerline of said Section 21, also being on the westerly right of way of Howe Street and the True Point of Beginning; thence westerly along said centerline to the east line of the southwest quarter of the northwest quarter of said Section 21; thence northerly along said east line to its intersection with the northerly right of way for Werner Road; thence westerly along said northerly right of way to its intersection with the westerly right of way ofIda Street (formerly Maple Street); thence northerly along said westerly right of way to its intersection with the southerly right of way for Rogers Street; thence westerly along said southerly right of way to its intersection with the westerly right of way of Broad Street; thence northerly along said westerly right of way to its intersection with the north line of said Section 21; thence westerly along said north line to its intersection with the easterly right of way of Tweed Lane; thence northeasterly along said easterly right of way to its intersection with a line 150 feet south of and parallel to the north line of the southwest quarter of the southwest quarter of the southwest quarter of said Section 16; thence westerly along said line to its intersection with the west line of said Section 16; thence northerly along said west line to its intersection with the centerline of Price Road; thence easterly along said centerline to its intersection with the centerline of Harlow Road; thence northwesterly along said centerline to its intersection with the westerly extension ofthe south line ofthe north half of the northwest quarter of the southwest quarter of said Section 16, also being the south line of the plat of Brent wood, Being Jas. W. Carr's Subdivision as recorded in Volume 4 ofthe book of plats, Page 84, records of Kit sap County, Washington; thence easterly along said south line to the east line of the west half of the southwest quarter of said Section 16; thence southerly along said east line to its intersection with the north line of the southwest quarter of the southeast quarter of the southwest quarter of said Section 16; thence easterly along said north line to the west line of the east 166.32 feet of the southwest quarter ofthe southeast quarter of the southwest quarter of said Section 16; thence southerly along said west line to the southerly right of way of said Harlow Drive; thence easterly along said southerly right of way to its intersection with the west line of the southeast quarter of the southeast quarter ofthe southwest quarter of said Section 16; thence southerly along said west line to its intersection with the south line of said Section 16, also being the northwest comer of the east half of the northeast quarter of the northwest quarter of said Section 21; thence continuing southerly along the west line of said east half to the southwest comer of said east half; thence easterly along the south line of said east half to its intersection with the north-south centerline of said Section 16; thence southerly along said centerline to its intersection with the south line of the north half of the northwest quarter of the southwest quarter of the northeast quarter of said Section 16; thence easterly along said south line to its intersection with the westerly right of way of Blumer Street, also being the northwest comer of the said Plat of Leibly & Blumer's 1 sl Addition to Bremerton Heights; thence southerly along said westerly right of way to its intersection with the northerly right of way of said Werner Road; thence easterly along said northerly right of way to its intersection with the extension of westerly right of way of Howe Street; thence southerly along said extension and westerly right of way to the true point of beginning. ~' 7<) 1\ Ur ~B'A~ d!~), ~~l~'",) I EXHIBIT B d ~ ~. J,-f-m~ West Hills Islan ation Area : ~\ ~ :'u-'~:=-i ! Proposed Annex E'~ "%. ~ ::..~: '. Bremerton City Um't 'I /' 13 ~ ~~ _\ -'-'tt- "", ~ gl_:I j C ^ 1 ,000 t ~ W I I Fee '\ LIL!,::"I,. '" (II I) ~J- ~u G i~ 7r ~ ~ "'~~.,1 :1:\1_[_1 ~h~lruMIbM0Ni ~ I 1 li"'~ ~ r ~ '0osPRE-V-: J. -i : I ~ ~ 1.. -l II -: ';- -" 6"" i! ~, ';. ~ > ~- ~ ~' - Iy..' ch~... i~ \ j ~~ ' \ 2.\:.:. r,..b L~H ~!= I I l Js:tililbn..c '\ 1SI~ ') ~"- J. ~,', L::l--t ~:..:m crr::1-i--I \ 11-1}: 1\ I ~y 1 ~_~~ ~~<(, ):::: -\ , ~ WI' P~/es J,~ .Ld Irjl. c,,,,'i' ~m=~ lie fr~ CL C 1Y"QF ~-t;/ ~ ! IT,"" "i J.-:: ~- c ~~ BRE~f::iTDN i '.' , a:, , o I M / m, ~_ 12 / " 1;;;;;; J;~ 1~ I UJ ':::::) -tJ r -JI :".' m L- EJ-j , , V f c-= LUd. I -.11 l ~ :;i~. I ~'1...-= f e 'c~1\l >H CITY OF Lb '~-~; -)-ff~ ~ BBE-MEkrqru ~ l'~ r--r--~_ / L ,--I -,- L I~L_ ~~ --<I L KEAN II I ,-- ~ Lw,~1 ~ i , 1 --ii' ~\--J -' j-L~ ' '" z--..l 1 ~\ \ ~ j L_ I 1 , t:::~, . _. I \ \ "I [' 1, IT' 1 l'~~'- I ~ ~r_~~~NE~ t' I I I I \\-J 1-1. 1 ~j i I '''':.= " ~_ / u:; 1 1 ~~ aU.l' jlJJ Ie Ji r- ~ 1331. l'ii! U (I Oyster Bay t 1 -' l _ 1 1.. :lMOM 0: =-~ -w ii it 'C tA Nll03 :I '0 C - E (.) ~ U N -I to- ~ 0 Jiii ~ ~:E ~ >1)( / 1w ~% AFFIDAVIT OF PUBLICATION Account # 42742 / Ad # 195194 ST ATE OF WASHINGTON COUNTY OF KITSAP I, Sarah Weller, being first duly sworn on oath, deposes and says: That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of KITSAP SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper in Kitsap County, Washington and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper; that the following is a true text of a legal advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following dates, to wit: March 26, 2007 and that such newspaper was regularly distributed to its subscribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of $46.19 which amount has not been paid in full. Sr~tJJfJ~ (Signature of Principal Clerk) Subscribed and sworn to before me this day of March 30, 2007 A~ Notary Public in and for the State of Washington, Kit~p County. . '~ J' MOIV" -"..... 0 QQ. "0 J.:<.- O~ . 0 \S'Z,\ON "-\' . 0 1l~:S" _ J:>/1?" 0 ~ :"8 0 \ Afr Jt,oo 1) CI).~ 'l\y r.~ ~'UB\ \G . tP -<II 7.... ......~.q, : 5::- ~ 0".' r,,- \) . ..0 f/, ,h.,}O- . (J' f:'r,~' " .' .,~~ " Uf' \j",cS10 AN ORDINANCE of the City Council of the City of Bremerton, Washington, approving the annexation ofi~.>-' certain lands comprising approximately 171 acres in the West Hills area of West Bremerton situated within an island of unincorporated Kitsap County territory that is completely encompassed by City of Bremerton; adopting comprehensive plan and zoning designations, subject to interim zoning controls adopted herein; adopting interim zoning controls of RIO zoning in a majority of the area designated Industrial; setting June 1,2007 as the effective date of the annexation; and establishing Council Districts for the annexed area. ORDINANCE NO. 5002 PASSED by the City Council of the City of Bremerton, Washington this 21st day of March, 2007. The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600, Bremerton, W A 98337. March26, 2007..........................Ad #20033880