025-23 - Ordinance - Diaz Meadows Development AgreementDocuSign Envelope ID: 32866CA6-30E0-417A-A7E6-8632FE732166
ORDINANCE NO. 025-23
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE
MAYOR TO EXECUTE A DEVELOPMENT AGREEMENT WITH DIAZ MEADOWS, LLC FOR
A MULTI -FAMILY DEVELOPMENT; PROVIDING FOR SEVERABILITY AND
CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, pursuant to RCW 36.7013.170, the City Council has the authority to review and
enter into development agreements that govern the development and use of real property within
the City; and
WHEREAS, the City Council has adopted standards and procedures governing the City's
use of development agreements, codified at Chapter 20.26 of the Port Orchard Municipal Code
(POMQ and
WHEREAS, Chapter 20.26 POMC is consistent with State law; and
WHEREAS, and Diaz Meadows, LLC, a Washington limited liability company organized
under the law of the State of Washington ("Diaz Meadows"), applied for a Development
Agreement under Chapter 20.26 POMC on August 17, 2023 and such Agreement has been
processed consistently with the POMC and State law; and
WHEREAS, the Development Agreement by and between the City of Port Orchard and
Diaz Meadows relates primarily to the development of property owned by Diaz Meadows, which
is located at: 1375, 1385, 1391, 1395, 1405, and 1415 Old Clifton Road (Kitsap County Tax Parcels
032301-2-044-2009, 032301-2-043-2000, 032301-2-042-2001, 032301-2-025-2002); and
WHEREAS, in order to facilitate the Diaz Meadows Project having superior design
principles, some flexibility on applicable code provisions is appropriate and is off set by the public
benefit of having buildings with superior design; and
WHEREAS, the Developer proposes to construct at its expense, a portion of Capital
Improvement Project #8 as shown in table 7-2 of the Port Orchard Comprehensive Plan; and
WHEREAS, Project #8 as shown in Table 7-2 of the Comprehensive Plan is estimated to
cost $1,325,000 and is shown as being 75% developer funded; and
WHEREAS, the Developer proposes to build 27% of the total project watermain length
but not build the planned project Pressure Reducing Valve (PRV) station; and
WHEREAS, under POMC 20.26.020, the City Council has the authority to modify
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Ordinance No. 025-23
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development standards as they deem appropriate; and
WHEREAS, in consideration of the benefits conferred by this new Agreement, which
reflect the current plans of both the City and Diaz Meadows, the Parties deem it in their best
interests to enter into this Agreement; and
WHEREAS, in consideration of the benefits conferred by this new Agreement, which
reflect the current plans of both the City and Diaz Meadows and include capital facility charge
credit calculation, the Parties deem it in their best interests to enter an Agreement and the City
Council finds that approving the Agreement is in the public interest; and
WHEREAS, on August 24, 2023, the City's SEPA official issued a Mitigated Determination
of Non -significance for the development and no appeals were filed in a timely manner; and
WHEREAS, the City Council held a public hearing on October 10, 2023 regarding this
Agreement and public testimony was received; and
WHEREAS, the City Council, after careful consideration of the Development Agreement
and all public comments and testimony, finds that the Development Agreement is consistent with
the City's Comprehensive Plan and development regulations, the Growth Management Act,
Chapter 36.70A RCW, and that the Agreement in the best interests of the residents of the City;
now, therefore,
WHEREAS, after a public hearing, by Ordinance No. 025-23, the City Council authorized
the Mayor to sign this Agreement with Diaz Meadows.
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. Findings. The City Council adopts all of the "Whereas" sections of this
ordinance and all "Whereas" sections of the Development Agreement as findings in support of
this ordinance.
SECTION 2. Authorization. The City Council approves of and authorizes the Mayor to
execute a Development Agreement with Diaz Meadows substantially as provided in "Exhibit A"
of this Ordinance.
SECTION 3. Severability. If any section, sentence, clause or phrase of this Ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
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Ordinance No. 025-23
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invalidity or unconstitutionality shall not affect the validity of constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
SECTION 4. Corrections. Upon the approval of the city attorney, the city clerk and/or
code publisher is authorized to make any necessary technical corrections to this Ordinance
including but not limited to the correction of scrivener's/clerical errors, references, Ordinance
numbering, section/subsection numbers, and any reference thereto.
SECTION S. Effective Date. This Ordinance shall be published in the official newspaper
of the city and shall take 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 publishing the entire Ordinance,
as authorized by state law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor Pro-Tem
and attested by the City Clerk in authentication of such passage this 101" day of October 2023.
ATTEST:
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM:
DocuSigned by:
Charlotte A. Archer, City Attorney
PUBLISHED DATE: October 13. 2023
EFFECTIVE DATE: October 18, 2023
DocuSigned by:
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Mark Trenary, Mayor Pro-Tem
SPONSOR:
Scott Diener, Council Member
EXHIBIT A: DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF PORT ORCHARD
AND DIAZ MEADOWS