HomeMy WebLinkAbout5320ORDINANCE NO. 5320
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, approving, the annexation of certain
contiguous lands comprising approximately 24.5 acres in the West
Bremerton Urban Growth Area ("UGA") known as the Corbet
Drive annexation; requiring the assumption of all of the City's
existing indebtedness by the area to be annexed; establishing an
effective date of the annexation; and designating a City Council
District for the annexed area.
WHEREAS, on March 15, 2017, the City Council of the City of Bremerton ("City
Council") passed Resolution 3287 stating its Intent to Annex: the proposed territory; and
WHEREAS, a valid and sufficient 60% Petition for Annexation of Territory was
filed on behalf of the initial petitioner, signed petitioners of this area, and the outside utility
agreements granting consent to annexation; and
WHEREAS, all statutory annexation proceedings for annexation by the 60%
petition method were executed as documented in Resolution 3287 and incorporated by reference,
including public hearings and notices; and
WHEREAS, the proposed area for annexation is legally described as Exhibit 1
and having the boundaries as indicated in the map attached in Exhibit 2; and
WHEREAS, the proposed area for annexation is located within the.City's West
Bremerton Urban Growth Area ("UGA"); and
WHEREAS, Ordinance No. 5299 passed on May 1. 8, 201.6, adopted the City's
Comprehensive Plan ("Plan") and established pre -annexation land use designations. The pre -
designations are contained within the Land Use Element of this Plan in a table known as the
"Equivalence Table," which established the City's equivalences for the Kitsap County Land Use
designations; and
WHEREAS, based on the Equivalence Table, the City established the Plan for the
proposed annexation area as is Medium Density Residential ("MDR") and Low Density
Residential ("LDR") as depicted in Exhibit 3; and
c
WHEREAS, pursuant to RCW 35.13.125 residents and property owners in the
area proposed for annexation have been afforded an opportunity to be heard during a public
hearing on May 17, 2017, 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
Corbet Drive Annexation
WHEREAS, on April 20, 2017, the City of Bremerton filed a copy of the 60%
annexation petition with the Kitsap County Assessor's Office requesting sufficiency review and
on April 27, 2017, the City received a Certificate of Sufficiency affirming consent of properties
totaling more than 60% of assessed property valuation; and
WHEREAS, the City of Bremerton will file a Notice of Intent to Annex with the
Kitsap County Boundary Review Board ("Boundary Review Board"), and the annexation may
not be effective before the Boundary Review Board statutory review period has expired; and
WHEREAS, the City of Bremerton has prepared an analysis of the costs and
benefits and the anticipated fiscal impacts to the City of annexing this territory; and
WHEREAS, the City Council seeks to annex territories that contribute to the
overall economic and social health and wellbeing of the City and lead to an orderly and logical
pattern of development; and
WHEREAS, the City Council finds that it is in the best�interest of the City to
approve the proposed annexation as presented, 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:
SECTION 1. Findings and Recitals Incorporated. The findings and recitals set
forth above are hereby adopted and incorporated herein by this reference.
SECTION 2. Property to be Annexed. There shall be annexed to the City of
Bremerton, Washington, certain property situated in Kitsap County, Washington, commonly
known as the "Corbet Drive" area, which is legally described in Exhibit 1, attached hereto and
incorporated herein by this reference, and which is located and having the boundaries as
indicated in the map set forth in Exhibit 2, attached hereto and incorporated herein by this
reference.
SECTION 3. Assumption of Existing Indebtedness. In accordance with the
Petition for Annexation as authorized in RCW 35.13.130, 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 within 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.
SECTION4. Land Use Designation. As authorized in RCW 35.13.130, the
Annexation area shall be subject to the pre -assigned land use designation identified in the City's
Comprehensive Plan as land use designation of Low Density Residential ("LDR") and Zoning of
Residential Low Density ("R-10") and Medium Density Residential ("MDR") and Zoning of
2
Corbel Drive Annexation
Medium Density Residential ("R -10M") and the Zoning map is hereby amended accordingly as
depicted in Exhibit 3.
SECTION 5. Effective Date ofAnnexation/Boundary Review Board. This
annexation will become effective August 1, 2017, or if Boundary Review Board jurisdiction is
invoked, on the first day 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 ordinances of the City except as
otherwise provided by law, unless the proposed annexation is modified or rejected by the
Boundary Review Board,. If the proposed annexation is modified by the Boundary Review
Board, City Council may take appropriate action to incorporate the modification(s) and complete
the annexation. If the proposed annexation is rejected by the Boundary Review Board, the
proposed annexation shall not take effect.
SECTION 6. Population Determination. Pursuant to RCW 35.13.260, within 30
days for the effective date of this annexation as provided by law, the City of Bremerton
Department of Community Development ("DCD") shall, under the direction of the Mayor of the
City of Bremerton, 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 Z Filing of Ordinance. Upon passage of this 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 8. City Council District Assignment. Upon the effective date of
annexation, the property annexed by this ordinance shall be assigned to Bremerton City Council
District 6.
SECTION 9. Severability. If any one or more sections, subsections, or sentences
of this ordinance 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 10. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
PASSED by the City Council the day of 32017.
3
Corbet Drive Annexation
Approved this
ATTEST:
ERIC YO GER, ncil President
X-60 day of A , 2017.
PATTY Lr, yor
SHANNON CORM, City Clerk
APPROVED AS TO FORM:
ROGER A. LUBOVICH, City Attorney
PUBLISHED the day of /�0 2017.
EFFECTIVE the day of �i 2017.
ORDINANCE NO. 7iC)
4
Corbel Drive Annexation
Exhibit 1:
Legal Description
Proposed Corbet Annexation into the City of
Bremerton
The following described areas situate within the Plat of Phinney Bay Water Front Tracts as
recorded in Volume 4 of Plats, Page 17 situate within Section 10, Township 24 North, Range 1
East, W.M., Kitsap County, Washington:
The south 30 feet;
And the north 260 feet of the south 290 feet of Corbet Drive (platted Phinney Avenue);
And the south 260 feet of Tract 10;
And the south 260 feet of the east 66 feet of Tract 11;
And the south 80 feet of Tract l 1 lying west of the east 66 feet thereof;
And the south 165 feet the west half of Tract 12;
And the south 165 feet of Tract 13;,
And the south 165 feet of the east 32 feet of Tract 14;
And the following described areas situate within the Section 15, Township 24 North, Range 1
East, W.M., Kitsap County, Washington:
The North half of the North half of the Northwest quarter of the Northwest quarter of the
Northeast quarter;
And the South half of the North half of the Northwest quarter of the Northwest quarter of
the Northeast quarter lying east of the west 30 feet thereof;
And the Southeast quarter of the Northwest quarter of the Northwest quarter of the
Northeast quarter;
And the East 350 feet of the North half of the; North half of the Southwest quarter of the
Northwest quarter of the Northeast quarter;
And the South half of the North half of the Southwest quarter of the Northwest quarter of
the Northeast quarter lying east of the west 1 acre thereof;
And the East half of the North half of the North half of the South half of the Southwest
quarter of the Northwest quarter of the Northeast quarter;
And the East 158 feet of the South half of the North half of the South half of the
Southwest quarter of the Northwest quarter of the Northeast quarter;
And the Northeast quarter of the Northwest quarter of the Northeast quarter;
And the North 30 feet of the Southeast quarter of the Northwest quarter of the Northeast
quarter.
EXCEPT those portions within the city limits of Bremerton, per City of Bremerton Ordinance
Numbers 2298 and 3455.
Exhibit 3
City of Bremerton
Area Proposed for
Annexation:
60% Petition
May 2017
1
6 1 7 1 8
37
N
01.®
Legend
® Proposed Territory for Annexation
Outside Utility Agreement (OUA)
Initial Petitioner
„ City Limits
Urban Growth Area (UGA)
Exhibit 2
31 132 �33 J34 14 y
12
13
14
P�ti ked Tor
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23
26
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29.a M.
31 132 �33 J34 14 y
AFFIDAVIT OF PUBLICATION
Account #342133 AD#1622354
STATE OF WASHINGTON
COUNTY OF KITSAP
1, Teresa Hull, 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 itis published and is now and has been for more than sig: months prior to the date of the publi-
cation 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 an advertisement as it was published in regular issues (and not in supplement form) of
said newspaper on the following date, to wit: And on
May 25, 2017
such newspaper was regularly distributed to its subscribers during all of said period. The full amount of the fee
charged for the foregoing publication is the sum of $85.84. This amount has not been paid in full.
�2
(Signature of Principal Clerk)
Subscribed and sworn to before me this day of May 25, 2017.
ORDINANCE NO. 5320
AN ORDINANCE of the City
Council of the City of Bremer-
ton, Washington, approving
the annexation of certain
contiguous lands comprising
approximatley 24.5 acres in
the West Bremerton Ubran
Growth Area ("UGA") known
as the Corbet Drive annex-
ation; requiring the assump-
tion of all the City's existing
indebtedness by the area to
be annexed; establishing an
effective date of the annex-
ation; and designating a
City Council District for the
annexed area.
PASSED by the City Council on
the 17th day of May, 2017.
The full text of this ordinance
is available from the City
Clerk's Office, 345 Sixth
Street, Suite 600, Bremerton,
WA 98337.
MAY 25, 2017 AD#1622354
r
Return Address: City of Bremerton
City Clerk
345 61 Street, Suite 600
Bremerton WA 98337-1873
CITY OF BREMERTON 201708160058
Ordinance Rec Fee: $ 81.00
08116/2017 09:26 AM Page: 1 of 8
Dolores Gilmore, Kitsap Cc Auditor
IIII IN
AUDITOR/RECORDER'S INDEXING FORM
Document Title(s): 1. Ordinance No. 5320
Reference Number(s) of Documents assigned or released: N/A
Grantor(s): -1. City,of Bremerton
r
❑ Additional names on page of document.
Grantee(s): 1
Additional names on page of document.
Legal Description: Sec. 10, T.24N, R.IE, W.M. City of Bremerton, Kitsap County, Washington
(abbreviated) Sec. 10, T.24N, RJE, W.M. City of Bremerton, Kitsap County, Washington
El Additional legal is on page 6 of document.
Assessor's Property Tax Parcel/Account Number: 3786-000-010-0705, 3786-000-011-0100,
3786-000-010-0101, 3786-000-010-0606, 3786-000-010-0002, 152401-1-213-2001,
152401-1-212-2002, 152401-1-211-2003, 3787-000-001-0002, 3787-000-001-0309,
3787-000-001-0200, 3787-000-001-0408, 3787-000-001-0507, 3787-000-001-0606,
152401-1-191-2007, 152401-1-186-2004, 152401-1-187-2003, 152401-1-190-2008,
152401-1-188-2002, 152401-1-189-2001, 3787-000-002-0100, 3787-000-002-0209,
3787-000-003-0505, 3787-000-002-0407, 152401-1-193-2005, 3787-000-003-0208,
3787-000-003-0109, 3787-000-003-0901, 3787-000-003-1008,'3759-000-001-0006,
3759-000-004-0003, 3759-000-005-0002, 3759-000-007-0000, 3759-000-008-0009,
3759-000-011-0004, 152401-1-205-2001, 152401-1-195-2003, 152401-1-200-2006,
152401-1-201-2005, 3786-000-012-0208