The URL can be used to link to this page

Home My WebLink About5053 ORDINANCE NO. 5'053 AN ORDINANCE of the City Council of the City of Bremerton, Washington, approving the annexation of certain contiguous lands comprising approximately 150 acres in the South Kitsap Industrial Area (SKIA) Urban Growth Area (UGA) known as the SKIA North annexation; requiring the assumption of all of the City's existing indebtedness by the area to be annexed; adopting interim zoning controls of Industrial zoning for the area to be annexed; establishing an effective date of the annexation; and designating a Council District for the annexed area. WHEREAS, on April 22, 2008, the City received a ten percent (10%) petition for annexation of territory to the City of Bremerton from McCormick Land Co. and Alpine Evergreen Co., Inc.; and WHEREAS, the initiating parties are the owners of one hundred percent (100%) of the property according to the assessed valuation for which annexation is petitioned, which is well in excess of the ten percent (10%) in value of the property required to initiate an annexation into the City of Bremerton; and WHEREAS, the proposed area for annexation is located within an Urban Growth Area (UGA); and WHEREAS, on June 16, 2008, the City Council met with the initiating parties to consider the petition at which time the City Council 1) accepted the petition as presented with geographic modification to the area proposed to be annexed by the addition of that portion of State Route 3 adjacent to the proposed annexation area, 2) required the assumption of all existing City indebtedness by the area to be annexed, and 3) authorized the circulation of a seventy-five percent (75%) annexation petition as required by law to proceed with the proposed annexation. WHEREAS, on June 18,2008, the City received a seventy-five percent (75%) annexation petition for annexation of SKI A North to the City of Bremerton from the owners of one hundred percent (100%) of the property, excluding public rights-of-way, according to the assessed valuation for which annexation is petitioned; and WHEREAS, the area proposed for annexation 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; and 1 Annexation - SKIA North Ordinance WHEREAS, the City does not have comprehensive plan and zoning designations for the area proposed to be annexed; and WHEREAS, comprehensive plan and zoning designations for the SKIA UGA is currently scheduled for the City's annual comprehensive plan amendment process for 2008; and WHEREAS, the City Council believes that it is necessary to adopt interim zoning controls for part of the annexation area pursuant to RCW 35.63.200 until such time as the comprehensive plan amendment process is completed; 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 July 30, 2008 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, on June 20, 2008, the City of Bremerton filed a copy ofthe seventy- five percent (75%) annexation petition with the Kitsap County Assessor's Office requesting sufficiency review and on June 27, 2008, the City received a Certificate of Sufficiency affirming consent of properties totaling more than seventy-five percent (75%) of assessed property valuation; and WHEREAS, the City of Bremerton will file a Notice of Intent 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 SKIA UGA; and WHEREAS, City Council seeks to annex territories 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, 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 Annexation - SKIA North Ordinance SECTION 1. There shall be annexed to the City of Bremerton, Washington, certain property situated in Kitsap County, Washington, commonly known as SKIA North 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 comprehensive plan and zoning designations for the SKIA UGA shall be included in the City's annual comprehensive plan amendment process for 2008 for review and designation as appropriate. SECTION 4. Pursuant to RCW 35.63.200, there is hereby adopted interim zoning controls of Industrial zoning as shown in Exhibit C, incorporated herein by this reference. As long as the interim zoning controls are in effect, all use and development shall be subject to the City's land use and development regulations in effect for Industrial zoning pursuant to Chapter 20.94 BMC. 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. SECTION 5. 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 SKIA UGA, which ever is sooner. SECTION 6. This annexation will become effective October 1, 2008 or if Boundary Review Board jurisdiction is invoked, on the first day of the of the full month immediately following the expiration of the Boundary Review Board's review, 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. 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 3 Annexation - SKIA North Ordinance 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 8. 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 ofthe Clerk of the Kitsap County Board of Commissioners a certified copy of this ordinance. SECTION 9. City Council District. Upon the effective date of annexation, the property annexed by this ordinance shall be assigned to Bremerton City Council District 8. SECTION 10. 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 11. Effective Date. This Ordinance shall take effect and be in force 10 days after the date of publication. fJ!:j!:lED by the City Council of the City of Bremerlon, Washington this ~ day of T7 ' 2008.~. . WILL MAUPIN, Approved this ;g I Y; day of APPROVED AS TO FORM: ~~~ : GER li:UBOVlCH, C~"'." .= ATTEST: PUBLISHED the EFFECTIVE the ORDINANCE NO. 1i:pt ,2008 ,2008 R:\Legal\Legal\Files\Current Active Files\SKIA\Annexation Ordinance-SKIA North.doc 4 Annexation - SKIA North Ordinance EXHIBIT A LEGAL DESCRIPTION OF TERRITORY PROPOSED FOR ANNEXATION TO THE CITY OF BREMERTON (SKIA NORTH) The northeast and northwest quarter of the northeast quarter of Section 12, Township 23 North, Range 1 West, Willamette Meridian, situate in Kitsap County, Washington. Together with that portion of the southeast quarter of Section 1, Township 23 North, Range 1 West, Willamette Meridian, situate in Kitsap County, Washington more particularly described as follows: Beginning at the southeast comer of said Section 1, also being the True Point of Beginning; thence westerly along the south line of said Section N 84051 '41" W 1976.03 feet to its intersection with a line delineated by survey in Volume 8, of the book of surveys, Page 125, records of Kitsap County, Washington; thence N 43058'23" W along said line to its intersection with the easterly right of way for SR 3; thence generally northeasterly along said right of way 'line to its intersection with the east line of the northwest quarter of the southeast quarter of said .section; thence southerly along said east line to the center of the southeast quarter of said section; thence along the north line of the southeast quarter of the southeast quarter of said section, S 85048'24" E to a point 732.73 feet west of the northeast comer of said southeast quarter of the southeast quarter; thence S 8011'30" E 110.79 feet; thence S 36015'46" E 94.25 feet; thence S 25016'38" E 106.42 feet; thence S 60039'06" E 73.25 feet; thence S 24059'37" E 101.49 feet; thence S 59032'22" E 64.82 feet; thence S 41019'10" E 49.91 feet; thence S 14002'30" E 49.04 feet; thence S 22017'19" W 285.52 feet; thence S 61006'30" E 108.47 feet; thence S 84041'14" E 71.12 feet; thence N 67027'10" E 79.96 feet; thence S 84054'57" E 51.37 feet; thence S 57048'37" E 47.01 feet; thence N 87059'38" E 130.06 feet; thence S 47051'41" E 62.14 feet to a point on the east line of said Section 1; thence southerly along said east line to the True Point of Beginning. Together with that portion of SR3 adjacent to and abutting the above described property. EXHIBIT B PARCEL MAP OF TERRITORY PROPOSED FOR ANNEXATION TO THE CITY OF BREMERTON (SKIA NORTH) { 1 l j # P City Limits Exhibit B '--':;(1"''7 ", ,~ /:r:/ II , f! r"""''''''t. '4' " " M' ' r; , 0 's:-~,..,,'~ , . r' ~ fJ~ " , " / lr~." ~~~ <-.~-"..,.-J , ltkJ , I' ~il:e ! ~ ii !! !! " ii !! ~ ~ ~ ~ ~ ~ ~ ~",t;' ~ fl... i ~;'fK:lHi=-:I..-=; Ii ~~ g. n,~ , ~ ~ i ~m_!l,a:liilll.~,,~c ~ P- i! ~ I ~ I ~ ) ~ ~ ~ :1..,-# " ;<.\.~... ib:;~r~::l~~<t.tl:II~_m_l: / ~ / p , - ~ #" / ! , i ,F" i. .~.,t~ # .i ~ ! , ~~ /' / ~/ ~ :' >, / ~ ' ,,~ !! ,+,i'*' r # I ~,.. ..; ,II':,...-t?':"';:~- i .' # i ~V, ", 'l,jjl~-"'II'f)r~ /' i1.,' ,,"","""....""', ..., ~ . t...."L.."'.... " " II ,.:.t."tID<i iI:.'lliiilllll= IBIlI-hl :llf.imilll~IiIlt.!l.f' ,Y 'i ~, Legend N A Annexation Area: ,,11.llI_=: ~ ! SKI A UGA '-W.IIl. r City Limits The C ity Q1 Bremerton does not warrantthe aocuracy ot1his Information or mapping, which should I'lOt be relied upon without independent venflcation of accuracy. The user assumes: all risks related to or ,nrising from the use ofthis in1ormation or mapping ---------------_.-- ...".m..........................._.,~. ' ! ! j ~ ! ~ ! ! i f ! ! l" / .......~ ,,# ...\.#' #' ,<' .\' , ......#: .# "F ,." #' #~, #"y.. J #,<, ,....... !>,~/ I ! i i i i I EXHIBIT C ZONING MAP INTERIM ZONING CONTROLS OF INDUSTRIAL ZONING (SKIA NORTH) ill . ~ " 1 ,/ .' #~ , ! /~ ". ~ " f mi }i ( 0"Hi;' ;r/.~ , , !t1'.II1f, Ii ' i '...-l~t.~1'*!i1_U1..llh..:I"llIIk!!..ll1J I'SKIA N~rth- designated with Interim Zoning Controls of Industrial Zoning City LirT!its "'-..., ~,J , ~#. , :i\" ~ N A "1 Legend ! ~ Annexation Areal rll.,ll.1:: I " ! SKI A UGA . "m.m.r City Limits The city 01 BremertQn does: not warrantthe , accuracy of this in1ormation or mapping, which ! should not be relied upon without independent ! IIli!riflc.;t:ion of accuracy. The US/'l!1 assumes: all ! risks: related to or arris:ing from the use Qfthis: ! information or mapping '\ ) AFFIDAVIT OF PUBLICATION Account # 42742/ Ad # 235352 ST ATE OF WASHINGTON COUNTY OF KITSAP I, Laura Wessels, 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 date, to wit: August 4, 2008 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$42.08. The amount has not been paid in full. L~ (Signature of Principal Clerk) Subscribed and sworn to before me this day of August 11,2008. /-? Notary Public in and for the State of Washington, Kitsap County. ORDINANCE NO. 5053 AN ORDINANCE of the City Council of the City of Bremerton, Washington, approving the annexation of . certain contiguous lands comprising approximately 150 acres in the South Kitsap Industrial Area (SKIA) Urban Growth Area (UGA) known as the SKIA North annexation; requiring the assumption of all of the City's existing indebtedness by the area to be annexed; adopting interim zoning controls of Industrial zoning for the area to be annexed; establishing an effective date of the annexation; and designating a Council District for the annexed area. PASSED by the City Council the 30th day of July, 2008. The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600, Bremerton, W A 98337. August 4, 2008..........................AD #20073595 Return Address: City Clerk City of Bremerton 345 Sixth Street, Suite 600 Bremerton, VVA 98337 BREMERTON CITY OF 200903050171 Ordinance Rec Fee: $ 49.00 03/05/2009 04: 15 PM Walter Washington, Kitsap Co Ruditor J 1111111 1111111111111 11111111111111111 11111111111111 1111111 11111111111" 1111I11I AUDITOR/RECORDER'S INDEXING FORM Page: 1 of 8 Document Title(s): l. Ordinance No. 5053 Reference Number(s) of Documents assigned or released: nla Grantor(s): l. City of Bremerton D Additional names on page of document. Grantee(s): l. The Public / Ordinance 5053 D Additional names on page of document. Legal Description: The northeast and northwest quarter of the northeast quarter of Section 12, Township 23 (abbreviated) North, Range 1 VVest, VVillamette Meridian, situate in Kitsap County, VVashington. Together with that portion of the southeast quarter of Section 1, Township 23 North, Range 1 VVest, VVillamette Meridian, situate in Kitsap County, VVashington D Additionallegal is on page 5 of document. Assessor's Property Tax Parcel/Account Number: 012301-4-015-1004,012301-4-025-1002,122301-1- 009-1005, 122301-1-010-1002, 122301-1-007-1007, 122301-1-008-1006,012301-4-016-1003,012301-4- 013-1006,012301-4-012-1007,012301-4-017-1002. Memo: Boundary Review Board written decision issued - January 23, 2009 Effective Date of Annexation - March 1, 2009, (Reference Section 1, City of Bremerton Ordinance # 5059)