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HomeMy WebLinkAbout004-98 - Kitsap County, City of Bremerton, POB - Contract/Y1 m o ef4f dcb m MEMORANDUM OF AGREEMENT FOR JOINT PLANNING BETWEEN KITSAP COUNTY, THE CITY OF BREMERTON, THE CITY OF PORT ORCHARD AND THE PORT OF BREMERTON FOR THE SOUTH KITSAP INDUSTRIAL AREA This document sets forth the agreement [hereinafter "Agreement"] between Kitsap County [hereinafter "County"], the City of Bremerton [hereinafter "Bremerton"] and the City of Port Orchard [hereinafter "Port Orchard"], [also referred to collectively herein as the "Cities"], and the Port of Bremerton [hereinafter "Port"], [all sometimes referred to collectively herein as "the parties"], regarding cooperative planning and an Interlocal Agreement [hereinafter "ILA"] for Proposed Urban Growth Areas, specifically the South Kitsap Industrial Area. The purposes of this Agreement are as follows: a. To provide a framework for cooperative pianning and an I.A between the County, the Cities and the Port to comply with the requirements of the Growth Management Act; b. To set forth principles, assumptions and steps that the County, the Cities and the Port agree to follow in order to resolve planning issues regarding designation and implementation of South Kitsap Urban Growth Industrial Areas; c. To provide certainty for ongoing land use and utility planning; d. To cooperate in planning for logical and efficient provision of urban services and facilities; e. To cooperate in planning for regional economic development and to enhance employment opportunities for Kitsap County residents; and f. To implement the provisions of UGA-I through UGA-17 in the County's 1998 Comprehensive Plan. In pursuit of these purposes, the County, the Cities and the Port agree as follows: 1. Area Subject to Agreement. The area referred to as the South Kitsap Industrial Area, which is the subject of this agreement, includes three distinct but related properties: (a) the Bremerton National Airport and the Olympic View Industrial Park, both owned and operated by the Port of Bremerton, along with certain private lands for which an approved, vested industrial use permit exists, (b) an area adjacent to the Airport which is owned by multiple private property MOA BETWEEN KITSAP COUNTY, CITY OF BREMERTON, CITY OF PORT ORCHARD, and PORT OF BREMERTON FOR THE SOUTH KITSAP INDUSTRIAL AREA -- 1 08/09/98 owners; and (c) an area northeast of the Airport along SR3. (See Attached Map.) The Port and the major private property owners have executed a memorandum of understanding committing themselves to ongoing land use and facility planning for Port lands and the multiple -owner parcels around the Airport. The City of Port Orchard and the Port of Bremerton have tentatively agreed to Port Orchard providing sewer service to the Port -owned and private properties. The Port's property is served by the City of Bremerton water and an on -site sewer system along with 3 phase power, natural gas, fiber optics and telephone. Currently, not all services are available to the multiple -owner parcels, nor are the full range of required services addressed in the County's or Cities' Comprehensive Plans and/or capital facility plans. As part of the City/County negotiations required by the Growth Management Act, RCW 36.70A. 110(2), the City of Bremerton has proposed including the Port of Bremerton Airport and Olympic View Industrial Park, and the multiple owner parcels adjacent to the Airport, within a City Urban Growth Area. 2. Comprehensive Plan Designations/Joint Planning Process. The Kitsap County revised Comprehensive Plan (1998) includes land use designations for the properties subject to this agreement as follows: (a) The County has included the Bremerton Airport and Olympic View Industrial Park and certain private parcels within an Urban Growth Area and applied urban land use and zoning designations. This area is also subject to an Urban Joint Planning Area Overlay in recognition of the expressed interests of Bremerton and Port Orchard, and to provide a means for cooperatively resolving issues relating to long-term service provision. (b) The County has included the multiple -owner parcels adjacent to the airport in an Urban Joint Planning Area with an Industrial/Urban Reserve land use and zoning designation. This designation is intended to provide a process for resolving outstanding issues relating to environmental protection, services and facilities and governance. This designation is also intended to recognize these properties as provisionally suitable for designation as an Urban Growth Area and for industrial/business park uses, subject to resolution of the issues specified herein. In the interim, these properties have been given a dual "Industrial/Urban Reserve" designation on the County's Comprehensive Plan Land Use Map. The "Industrial" designation is intended to indicate the likely future designation of these properties upon occurrence of the actions contemplated in this Agreement and to provide a framework for ongoing planning for these properties. The "Urban MOA BETWEEN KITSAP COUNTY, CITY OF BREMERTON, CITY OF PORT ORCHARD, and PORT OF BREMERTON FOR THE SOUTH KITSAP INDUSTRIAL AREA -- 2 08/09/98 Reserve" designation is intended to preserve these properties in their current state to maintain maximum flexibility for planning. The policies of the County's Comprehensive Plan and the County -wide Planning Policy (Urban Growth Areas, Element A3), shall be used as the framework for joint planning and a subsequent ILA. References to designations for specific areas are made with reference to the Comprehensive Plan Land Use Map dated May 7, 1998. It is understood that the Comprehensive Plan must undergo review and approval by the Central Puget Sound Growth Management Hearings Board. 3. Growth Assumptions for Planning. The County analysis and allocation of forecast 1992-2012 employment growth support an Urban Growth Area designation for the industrial UGA and the "Industrial Urban Reserve" lands on the Comprehensive Plan Land Use Map. Employment allocations are now and shall be reserved for the Urban Joint Planning Area/Industrial Reserve area as identified in current and future forecasts. 4. Issues to be Addressed through Joint Planning. Issues pertaining to the designated Urban Joint Planning Area that the parties shall resolve through joint planning and execution of an ILA include: (a) economical and efficient provision of adequate sewer amd water services and facilities to the area, including any necessary amendment of City, County or special district capital facility plans and/or appropriate service agreements; (b) provision for adequate protection of the environment according to mutually agreed upon standards; (c) resolution of governance issues, including future annexations, if appropriate, and resolution of any service area issues and critical areas, (d) equitable revenue sharing; and (e) procedures for reciprocal notification and comment on proposed development applications during the period of the ILA. 5. Future Agreement Contemplated. The parties agree to mutually address urban joint planning requirements. Steps to meet such requirements shall be set forth in the ILA and shall include, but are not limited to, the following: (a) a work program and schedule for completing agreed upon work; (b) the process that shall be followed by the Cities, County and Port for adoption and implementation of the joint plan, and (c) the process for SEPA review. The joint plan shall be finalized through the ILA. 6. Governance. The County, Cities and Port shall evaluate service and governance options, including annexation, for the lands subject to this Agreement, utilizing Boundary Review Board and Growth Management Act criteria. It is anticipated that this evaluation will result in the designation of the entire South Kitsap Industrial Area as an Urban Growth Area. All parties to this Agreement recognize this process as furthering regional growth management planning objectives and the efficient and economical provision of urban services and facilities. The Cities, County and Port agree that no annexation(s) of the areas subject to this agreement shall be MOA BETWEEN KITSAP COUNTY, CITY OF BREMERTON, CITY OF PORT ORCHARD, and PORT OF BREMERTON FOR THE SOUTH KITSAP INDUSTRIAL AREA -- 3 08/09/98 proposed until the parties have executed the ILA contemplated herein and the Cities have amended their Comprehensive Plans, as necessary, in accordance with the interlocal agreement. The County shall review the joint plan/ILA as a subarea plan pursuant to Policy UGA-I 1 of the County's Comprehensive Plan. 7. Good Faith Efforts. The parties agree to work in good faith to resolve any and all outstanding issues and to devote appropriate staff resources to reach agreement diligently and expediently. 8. Mediation. If the parties are unable to reach agreement as contemplated in paragraphs 4 and 5 above, they agree to quickly submit the issues that remain unresolved to a mediation process. 9. Authority. This Agreement is entered into pursuant to the authority of the Interlocal Cooperation Act, Chapter 39.34 RCW. This Agreement is not intended and shall not be construed to alter the responsibilities and authority of the Cities, the County or Port pursuant to the Growth Management Act or other applicable law, including the ability to address issues of concern to the Growth Management Hearings Board. 10. Filing. A copy of this Agreement shall be filed in the offices of the Kitsap County Auditor. The Cities and County shall also provide a copy of this Agreement to the Washington State Department of Community, Trade and Economic Development to indicate the progress of their consultation. MOA BETWEEN KITSAP COUNTY, CITY OF BREMERTON, CITY OF PORT ORCHARD, and PORT OF BREMERTON FOR THE SOUTH KITSAP INDUSTRIAL AREA -- 4 08/09/98 CM 1 DATED this, day of 4, 1998. CITY O T ORCHARD LESLIE J. WEATHERILL, MAYOR APPROVED AS TO FORM: &�,, / CITY ATTORNEY CITY OF BREMERTON L N S. HORTON, MAYOR ED AS TO FORM: CITY ATTORNEY �`— PORT B ON DICK EK, esident APPRO AS T FORM: PORT A ORNEY B0��4 O CO Y COMMISSIONERS HR DR SEN, Chair � CHARLOTTE GARRIDO, Commissioner NOT PRFSFNT PHIL BEST, Commissioner ATTEST: ATRICIA PARKS, tity Clerk 4'ATEST: MA ANN HUNTINGTON, Ycretary ATTEST: • :' ci • K HOLLY ANDVP.:_A7`N, , Clerk of the Bo d ' MOA BETWEEN KITSP COUNTY, CITY OF BREMERTON, CITY OF PORT ORCHARD,and PORT OF BREMERTON FOR THE SOUTH KTTSAP INDUSTRIAL AREA --5 08/09/98