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Home My WebLink About11/19/2025 - PacketORCHARD co4t Meeting Location: 216 Prospect Street Port Orchard, WA 98366 Land Use Committee Contact us: Phone (360) 876-4407 cityhall@portorchardwa.gov www. portorchardwa.gov Land Use Committee Regular Meeting Wednesday, November 19, 2025 4:30 PM Remote Access Only Zoom Webinar Public Link: https://us02web.zoom.us/j/81034433449 Webinar ID: 810 3443 3449 Dial -in Number: 1-253-215-8782 1. Welcome and Introduction Land Use Committee members and City staff introductions 2. Discussion Items A. Discussion: Regional Park Agreement — McCormick B. Discussion: McCormick North Phase III Development Agreement Amendment 3. Adjounment Next Land Use Committee Meeting: December 17, 2025 ADA Requirements In compliance with the American with Disabilities Act, if you need accommodations to participate in this meeting, please contact the City Clerk's office at (360) 876-4407. Notification at least 48 hours in advance of meeting will enable the City to make arrangements to assure accessibility to this meeting. REMINDER: Please silence all electronic devices while City Council is in session. To subscribe to our general news & public notices click the link: http://portorchardwa.gov/subscribe For current City Council member and contact information, please visit https://portorchardwa.gov/departments/city- council/. For Committee Membership please visit https://portorchardwa.gov/city-council-advisory-committees/. November 19, 2025 Meeting Agenda 1 20.100.130 On -site recreation space for subdivisions. (1) Purpose. The purpose of this chapter is to ensure that adequate, usable, passive and active recreational opportunities are provided for residents of new subdivisions. (2) Applicability. On -site recreation space shall be provided for new residential subdivisions consisting of 10 or more new dwellings. The establishment of backyard cottages or accessory dwelling units shall not trigger requirements for additional on -site recreation facilities when those building types are constructed within an existing subdivision. (3) On -Site Open Space Quantity Requirements. (a) On -site recreation space shall be provided in accordance with Table 20.100.130(3). Table 20.100.130(3) Number of Dwelling Units in Subdivision Amount of On -Site Recreation Space Required per Each Dwelling Unit 10-40 300 sq ft 41-100 0250sqft Unitsover100 150sgft *To illustrate the implementation of Table 20.100.130(3), a 110 -lot subdivision would require 300 square feet of open space per unit for the first 40 units, 250 square feet of open space for the next 60 units, and 150 square feet of open space for the final 10 units. (40*300)+(60*250)+(1 0*1 50)= 28,500 square feet of required open space for a 110 -lot subdivision. (b) The requirements in Table 20.100.130(3) may be reduced by up to 50 percent for residential development that is located within one -quarter mile walking distance of a public park. The director shall determine the amount of reduction based on the following: (i) The availability of safe pedestrian facilities connecting the development to the park; (ii) The ability of the park facilities to accommodate additional usage by residents of the development; and 2 (iii) The number of park facilities located within one -quarter -mile distance. (4) On -Site Open Space Design. (a) On -site recreation open space shall be designed as follows: (i) On -site recreation open space shall be located in a separate tract from the residential dwellings; shall have an undivided ownership interest by the homeowners of the development; and shall have a deed restriction recorded for the tract that restricts the use of the tract to recreational uses; (ii) At least 40 percent of the total required on -site recreation open space shall be consolidated in one location within the development; (iii) At least 75 percent of the total required on -site recreation open space shall be located outside of critical areas other than buffers identified in Chapter 20.162 POMC; (iv) On -site recreation open space shall be developed for active and passive uses. At least 50 percent of the on -site recreation open space shall be designed and improved for one or more active uses. When an area of on -site recreation open space is designed and improved for active uses other than improved pedestrian or bicycle paths with hard surfaces, the average width of the area shall be at least equal to half of the average length of the area. Active uses include, but are not limited to: (A) Playgrounds developed with children's play equipment; (B) Improved pedestrian or bicycle paths with hard surfaces; (C) Sports fields (such as soccer or softball fields), with associated improvements; (D) Indoor or outdoor sports courts (such as volleyball, basketball or tennis courts), swimming pools, and similar facilities; (E) Covered areas with permanent tables and benches; (F) Community clubhouse and meeting facilities; (G) Community gardens for use by the residents; (H) Plazas with lighting, artwork, and sitting space for pedestrians at four or more spaces for every required 100 square feet of area; and (I) Other similar uses approved by the director; 3 (v) Passive uses include critical areas that cannot be developed, nature interpretive areas, bird watching facilities, unimproved trails, and similar uses approved by the director; (vi) The following drainage facilities may be counted as on -site passive recreation space: (A) Unfenced detention, retention and wet ponds; provided, that pathways and viewing areas surround the pond; (B) Stormwater treatment wetlands; (C) Stormwater infiltration trenches and bioswales that serve more than one dwelling; and (D) Vegetated areas located above underground detention facilities; (vii) No on -site recreation open space tract shall contain less than 700 square feet in area; (viii) On -site recreation open space shall have at least 50 feet of frontage on a public right-of-way or private street tract; (ix) All recreation open space tracts shall be developed, landscaped and maintained so that a high level of visibility is provided from the public right- of-way or private street tract to playgrounds and other areas intended primarily for use by children; (x) If a single active on -site recreation open space tract is provided, it shall be centrally located within the subdivision, so that it is within one -quarter -mile walking distance for at least 90 percent of the dwelling units. If the subdivision area is too large for this standard to be met with one recreation open space tract, an additional recreation open space tract or tracts shall be required; (xi) Access for pedestrians shall be provided from all dwellings within the development to the on -site recreation space through trails, sidewalks, pathways and other similar means of access; and (xii) On -site recreation space shall not include privately owned yards. (Ord. 008-25 § 13 (Exh. L); Ord. 030-19 § 2). 4 / 6 c ° ° ° ° °................................... ° ........................................ R: PLANT LEGEND PLANT IMAGES BOTANICAL NAME COMMON NAME SIZE & SPACING TREES A 15 ACER CIRCINATUM VINE MAPLE 6'-8' HT., B&B, 3 -STEM MIN. 5 CORNUS FLORIDA FLOWERING DOGWOOD 2" CALIPER, SPACING PER PLAN • F 17 PSEUDOTSUGA MENZIESII DOUGLAS FIR 8-10' HEIGHT, 15' O.C SPACING 82 PSEUDOTSUGA MENZIESII DOUGLAS FIR BARE ROOT, 15' O.C SPACING C W 18 THUJA PLICATA WESTERN RED CEDAR 8-10' HEIGHT, 15' O.C SPACING 3 CHAEMYCYPARIS NOOTKA'PENDULA' WEEPING NOOTKA CYPRESS 10-12' HEIGHT, 15' O.C SPACING O SHRUBS 91 MYRICA CALIFORNICA PACIFIC WAX MYRTLE 5 GALLON, 4' O.C. SPACING 103 VIBURNUM TINUS 'SPIRIT' SPIRIT VIBURNUM 5 GALLON, 30" O.C. SPACING 96 AZALEA 'PURPLE GEM' PURPLE GEM AZALEA 5 GALLON, 30" O.C. SPACING 85 EUONYMUS ALATA "COMPACTA" DWARF BURNING BUSH 5 GALLON, 3' O.C. SPACING GROUNDCOVER 1133 GAULTHERIA SHALLON SALAL 1 GALLON, 36" O.C. SPACING VINE MAPLE I FLOWERING DOGWOOD WEEPING NCOTKA CYPRESS PACIFIC WAX MYRTLE DOUGLAS FIR WESTERN RED CEDAR I W 0 5' 10' 20' 40' Graphic Scale: 1" = 10'-0" o U o0 w Q E : O_i U c Q 0 W w._ Q U U C) j Co D O op z r CN J N N 4 STATE OF WASHINGTON REGISTERED LANDSCAPE ARCHITECT RICJ. WILLIAMS CERTIFICATE NC. 775 I DRAWING SET: REVISIONS: REV 1: REV 2: REV 3: PROJECT ADDRESS: V . E O O} V c' V V -c - U L O i O W n 3 z DESIGN: EJW DRAWN: EJW CHECKED: MJL I DATE: April 29, 2024 PROJECT: New Entry to Village Park NUMBER: LLA0388.23 SCALE: TITLE: Landscape Plan I SHEET: L2.00 SPIRIT VIBURNUM PURPLE GEM AZALEA DWARF BURNING BUSH SALAL 6 iiTJ:±I:/ 78 • 36 .36, • 67 0 S 38S / / / I 1 s p • 8 6 9� / / / / / l • 3S • `367 • 361. 4 • `389 / / / • .3)3 • S l • `36) • `36g \ - - — 389 � ` _ / • 3 � • 3 / • S � • `;87 � • • .3jS - \ ' `� - - � - - � � � � • S) ) _ . • •389.i \ - _��- _ • - - - \ _``` - \_ --- -- `- -__ _ --x358 6- X356.8 355.0 • •• 384.8 • • • • • -�� - • - --�- •362.8 360.5 i��AU L 8 389.5 • • - 373.8 372.3 \ 371.3 • - - ----•3 366.9 365.9 365.1 'et '.. E • \ 387.0 384. • 3 • • • • • • yp 8 ��`\ 83 \ 38(14 379.4 / 377.1 375.5 ( 373.9 - • %%� T �.._•' +�_ • T? -T ' yR O ; r ' 39� --_ '~\ • • g22 / --4� - ---374. 373.8 7 .8 • ? �. 5 +1 `.,e.2 F..�: . I 354.8 • 3 �•� 7-. 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ST. ANDREWS PARK THE CORDILLERA GROUP McCormick Woods � � U LANDSCAPE ARCHITECTS September 9, 2025 y - 0 15' 30' 60' 120' 7 EMJ M�CORM ICK Transmittal September 11th 2025 City of Port Orchard / Community Development 720 Prospect Street To: Permit center From: Greg Krabbe COUNTER COMPLETE Permit Center Sep 17, 2025 City of Port Orchard Community Development Re: McCormick North Div III Development Agreement - modification This letter will serve as our project narrative to accompany our application for a new development agreement to modify the existing development agreement for Div III of McCormick North. This revision will modify minor code requirements that are currently listed in the McCormick Village Overlay District (MVOD). These modifications address minor issues that were not well suited to the nature of the MVOD concept and have been discussed with staff in advance of this application. Details of these revisions are listed within the draft Development Agreement that is part of this submittal. Respectfully, Greg Krabbe, PE McCormick Communities McCormick Communities LLC • 6700 108th Ave NE, suite 300, Kirkland WA 98033 • 425 750 8400 LU25-Dev Agreement -03 Modified Standard 1 Lot Coverage (single family, Fourplex, Courtyard Apartments): The following pervious solutions listed below shall be acceptable when impervious percentage is not possible to remain under 80%. Narrative We propose allowing the below Pervious solution along required pathways in order to reduce the impervious areas and the 80% impervious percentage. 1. Pervious Concrete • Pros: Excellent structural strength; looks like standard concrete. • ADA Compliance: Can be compliant when properly compacted and finished smooth enough to maintain firmness and stability. 2. Porous Asphalt • ADA Compliance: Acceptable if properly compacted and fine -graded so wheels and canes don't catch. 3. Permeable Interlocking Concrete Pavers (PICP) • ADA Compliance: Fully compliant when: o Joints are ≤'/2 inch wide, o Filled with firm aggregate, o Pavers are even (≤ 1/4 inch height differential). 9 Modified Standard 2 Parking (Excess Stalls): Parking stalls on private property in excess of the minimum development code requirements are exempt from POMC 20.124.100 but must be concrete, asphalt, paver tile surface, or other similar paving. Narrative The existing MVOD section 20.38.270 states that a Backyard cottage is not required to provide parking. Our ADU buildings are considered Backyard cottages and do not require a parking stall. Current conditions between ADU buildings make it impossible to meet the parking stall requirements of POMC 20.124.100. The intent of this code revision is to allow us to provide an additional parking stall exempt from the standard dimensional requirements. Providing these stalls is a needed amenity for the residents since this community is not near public transit and the ability to park next to their units allows an added level of security and convenience. 450 'ARKING ,TALL 4+a /_/ OT 4 BLDG TYPE -ADU 440 LOT 3 BLDG TYPE -ADU (TYP.) 437.67 TOP OF FOUNDATION 437.87 TOP OF FOUNDATION ARKI 437.79 436.92 TOP OF FOUNDATION -2.%W -2.00%MIN 2.00% MIN 2.0 MIN �{ 436.84 FFE 143775 436.72 TRENCH DRAIN LOCATION PARKING STALL PARKING STALL / TRENCH DRAIN _ 436.72 LOCATION PARKING STALL __________________ 430 430 450 A PARKING PAD - SECTION CUT HORIZONiEL SCALE t" = 5' VERIICAL SCALE C - V 10 Modified Standard 3 Porch Standards - Porches & stairs can extend into the front yard setback, provided at least 2 feet is maintained from the lot line, and no more than 20% buildings in any one contiguous streetscape is less than 3' from Right of Way. Narrative The current zoning code and resulting density tends to create a monolithic streetscape with each unit set back the same distance from the Right of Way. This code revision would allow up to 20% of the front porches to be set within 2' of the sidewalk. Which promotes modulation and visual interest along street frontages and addresses design challenges associated with nonstandard lot geometry. 1 LINE LD p �R L=X7.1$`, R=399.5' . r 0' UTILITY EASEMENT *See exhibit C for an example of a unit being within 2' from the lot frontage Modified Standard 4 Facade Variation: The minimum alternative elements to meet different facade elevations variation shall be 1. Narrative POMC 20.139.035 3 A iii b states that exterior facades must meet a minimum of 2 additional alternative design elements to be considered a different facade. We propose that you only need to meet one of these alternatives. POMC 20.139.035 3 A iii a state that 11 you are required to provide different colors, roof line configurations, and different porch/entry. With one additional differentiating facade element the facade variation intent will be fulfilled. The Intent of architectural variety is to create visually appealing and architecturally diverse development communities. Meeting the proposed standard will provide the members of the community and the city of port orchard with their desired Building variety. Modified Standard 5 Siding Materials: Board -and -batten siding without masonry permitted on facades observable from any street or public space. Revise POMC 20.139.040 1 b to State that "T-1 11 siding shall not be used for facades adjacent to or directly viewable from a street or public place." Narrative POMC 20.139.040 1 b States that "T-1 11 siding and other plywood types of siding (board and batten with a brick, stone, or horizontal lap siding lower portion of the building is an exception) shall not be used for facades adjacent to or directly viewable from a street or public place.". The intent of this code seems to be outlawing T-1 11 and other plywood - based siding that may have poor durability. This inadvertently disallows a common application of board and batten siding. Additionally, there are many other types of plywood siding in the industry today that are durable, visually appealing, and successfully used in residential and commercial applications. Board and Batten is a key architectural element we are currently using a core architectural tool for providing timeless and attractive exteriors and facade variation within the development. The requirement to include masonry with the board and batten does not add any additional design value. 12 Modified Standard 6 Detached Garages / Carriage Units: Detached garages and carriage units are permissible along the frontage on non-standard lots constrained by critical areas or other limitations. Narrative Nonstandard lot geometrics can exist on lots adjacent to critical areas. In many cases these lots only border a primary road, with no available alley along the lot. We request the allowance of backyard cottages, detached garages, and carriage units along primary roads when a lot aligns with these conditions. This will provide the residents on these lots with the necessary access, parking, and storage amenities. 'flL• LI Non Standard Lot 13 Modified Standard 7 Transparency (Windows): 30% minimum transparency in Commercial Storefront Zones and 20% minimum transparency for nonresidential zones, commercial zones that are not in Commercial Storefront Zones, and second stories in all zones. Narrative The City of Port Orchard has reviewed all of facade designs currently submitted and has shown support for the initial designs. The designs reviewed by the city do not meet the 60% transparency requirements and will have to be adjusted if the transparency code is not amended. Per POMC 20.38.230 (12) & (13): • Single -story shopfronts require 60% transparency and a maximum blank wall width of 15 feet. According to the asterisk ("*") note, these requirements apply to each street- and/or plaza -facing facade. The asterisk notes ("*") in POMC 20.38.230 creates ambiguity in determining where the 60% transparency must be applied. In discussions with City of Port Orchard permit reviewers, the initial interpretation was that all street- or plaza -facing facades must comply, except those not fronting a street or plaza. This is a common code in many cities and it is intended for retail style spaces with (1) active facade interacting with the street edge where pedestrians can see into shops and businesses when walking by. This is not the case for a commercial village located in the middle of a large residential development. All building facades end up being visible from public streets and public plazas. The proposed amendment updates the transparency requirements to be in line with the concepts that have been submitted to the city for review. Changing the transparency requirements clarifies existing code ambiguity as it is applied to the McCormick Village Overlay and allows plaza facing facades to comply with Commercial Storefront zones. It also allows for facades that meet tenant needs for back of house and client privacy. Exhibit E includes a map outlining the locations of the storefront and nonresidential zones. Neighborhood oriented tenants, such as the tenants that will be in McCormick Villages, need blank walls or walls with minimum transparency requirements across facades to effectively plan the back of house spaces. Many of our anticipated tenants will require additional privacy to effectively conduct their business. For example, an exam room at a 14 vet or dentist, or changing rooms at a yoga studio. All our previously reviewed concepts will remain as guidelines for our facade development. It is our priority to make visually appealing exterior designs which utilize transparency and align with tenant needs. In addition, the McCormick Retail village is within a residential development and meant to interact amongst single family residential buildings that have much lower transparency requirements. Residential transparency requirements is set at 10% for a single-family house per POMC 20.32.020. Maintaining a residential scale and aesthetic, supported by the proposed transparency percentages, will help the commercial node integrate seamlessly with the surrounding neighborhood and landscape character. *See Exhibit A for an example of how building exteriors have add to be adjusted in order to meet transparency requirements Examples of Commercial buildings using similar design elements to residential concepts to better fit in with the neighborhood. Using a residential scale style while still maintaining a commercialfeel 15 COUNTER COMPLETE Permit Center Sep 17, 2025 City of Port Orchard Community Development AFTER RECORDING RETURN TO: McCormick Villages, LLC c/o The Cordillera Group, Inc. 218 Main Street PMB 771 Kirkland, WA 98033 WASHINGTON STATE COUNTYAUDITOR'S/RECORDER'S INFORMATION (RCW 65.04): GRANTOR: CITY OF PORT ORCHARD GRANTEE: MCCORMICK COMMUNITIES, LLC ABBREVIATED LEGAL DESCRIPTION: LOTS 1 THROUGH 67 OF THE MCCORMICK WOODS VILLAGE EAST FINAL PLAT RECORDED UNDER AUDITORS FILE NO. 2025042300046 LOT 1 and 3, CITY OF PORT ORCHARD SHORT PLAT NO. PO -155 (LU22-SP-01), RECORDED UNDER AUDITOR'S FILE NO. 202208230176. ASSESSOR'S PROPERTY TAX PARCEL ACCOUNT NUMBER(S): [See exhibit A attached] REFERENCE NUMBER OF RELATED DOCUMENTS: 201012210340 LU25-Dev Agreement -03 16 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT McCormick North Phase III (Contract No. 068-10) RECITALS A. Original Agreement. On or about December 21, 2010, the City of Port Orchard ("City") and GEM I LLC entered into that certain Development Agreement for McCormick North Phase III recorded under Auditor's File No. 201012210340 (the "Phase III DA") B. Scope. The Phase III DA governs the review and development standards applicable to McCormick North Phase III, a 129 -acre project north of Old Clifton Road and west of Anderson Hill Road, as legally described therein (the "Property"). The Phase III DA established vested rights with respect to lot size, stormwater standards, tree retention, road standards, and related development provisions. C. MVOD Adoption. Subsequent to the Phase III DA, the City adopted Ordinance No. 060-21, codified at POMC Chapter 20.38, establishing the McCormick Village Overlay District ("MVOD") with dimensional and design standards applicable to the McCormick Urban Village, including a portion of the Property. D. Requested Modifications. Developer has requested, and the City has agreed, that certain MVOD standards applicable to the Property should be modified to allow greater flexibility and efficiency in the development of Phase III, consistent with the intent of the Subarea Plan and vested rights under the Phase III DA. E. Term Extension. The Phase III DA had a 15 -year term expiring December 21, 2025. The Parties desire to extend the term of the Phase III DA for an additional five (5) years, through December 21, 2030, as permitted under RCW 36.70B.180. F. Authority. This Amendment is entered into pursuant to RCW 36.70B.170—.210. The Parties intend that the development standards set forth herein shall apply to the MVOD notwithstanding conflicting provisions of POMC 20.38 or other subsequently adopted regulations. G. Successorship. GEM I LLC was the original party to the Phase III DA. McCormick Communities, LLC is the successor in interest to GEM I LLC and is the current owner and developer of the Property, and is therefore the proper party to this Amendment. AGREEMENT 1. Affirmation of Phase III DA. Except as expressly modified herein, the Phase III DA remains in full force and effect. 17 2. Term Extension. The term of the Phase III DA is hereby extended through December 21, 2030, as permitted under Section 4(a) of the Phase III DA. 3. Applicability of MVOD and Modified Standards. Ordinance No. 060-21, codified at POMC Chapter 20.38 and establishing the McCormick Village Overlay District ("MVOD"), is incorporated herein by reference as if fully set forth. The MVOD standards shall apply to that portion of the Property located within the MVOD, except as stated in the following table. In the event of any conflict, the standards set forth in the following table shall control. Topic Modified Standard (First Amendment) Lot Coverage (Single Allowed lot coverage for single Family, fourplex and courtyard Family, Fourplex, apartments will be increased to 87% so long as additional Courtyard Apartments) impermeable area is accounted for in drainage calculations and design. Parking stalls on private property in excess of the minimum building Parking (Excess Stalls) code requirements are exempt from POMC 20.124.100 but must be concrete, asphalt, paver tile surface, or other similar paving. Residential units without front yard garages shall only be required to Porch Standards provide a porch width of at least 33% of total habitable ground floor width. Additionally, porches can extend into front yard set back, provided at least 2 feet is maintained from the lot line. The minimum requirement for facade elevations variation shall be 3 Facade Variation and additional variation can be achieved with colors, windows, trim, and materials. Siding Materials Board -and -batten siding without masonry permitted on facades observable from any street or public space. Detached Garages / Detached garages and carriage units are permissible on non-standard Carriage Units lots constrained by critical areas or other limitations. 30% minimum transparency in Commercial Storefront Zones and Transparency 20% minimum transparency for nonresidential zones, commercial (Windows) zones that are not in Commercial Storefront Zones, and second stories in all zones. As allowed on primary streets, primary pedestrian access for accessory dwelling units may also be from alleys/woonerfs that are Access Standards greater than 20 feet in width that meet geometric requirements for fire access. A Fire access exhibit needs to be approved by the fire official. 5. Conflict. In the event of conflict between this Amendment and the MVOD or POMC, this Amendment shall control. [Signature Page to Follow] 18 CITY OF PORT ORCHARD By: Name: Title: STATE OF WASHINGTON ) )§ COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me and acknowledged that said person signed this instrument, on oath stated that said person was authorized to execute the instrument and acknowledged it as the of CITY OF PORT ORCHARD, to be the free and voluntary act of such person on behalf of the City for the uses and purposes mentioned in the instrument. Dated: , 20 (Print Notary Name) (seal) Notary Public in and for the State of residing at My appointment expires 19 MCCORMICK COMMUNITIES, LLC By: Name: Title: STATE OF WASHINGTON ) )§ COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me and acknowledged that said person signed this instrument, on oath stated that said person was authorized to execute the instrument and acknowledged it as the of MCCORMICK COMMUNITIES, LLC, to be the free and voluntary act of such person on behalf of such company for the uses and purposes mentioned in the instrument. Dated: , 20 (seal) (Print Notary Name) Notary Public in and for the State of residing at My appointment expires 20 EXHIBIT A Tax Parcels LOTS 1 THROUGH 67 OF THE MCCORMICK WOODS VILLAGE EAST FINAL PLAT RECORDED UNDER AUDITORS FILE NO. 2025042300046 5735-000-001-0000 5735-000-021-0006 5735-000-002-0009 5735-000-022-0005 5735-000-003-0008 5735-000-023-0004 5735-000-004-0007 5735-000-024-0003 5735-000-005-0006 5735-000-025-0002 5735-000-006-0005 5735-000-026-0001 5735-000-007-0004 5735-000-027-0000 5735-000-008-0003 5735-000-028-0009 5735-000-009-0002 5735-000-029-0008 5735-000-010-0009 5735-000-030-0005 5735-000-011-0008 5735-000-033-0002 5735-000-012-0007 5735-000-034-0001 5735-000-013-0006 5735-000-035-0000 5735-000-014-0005 5735-000-036-0009 5735-000-014-0005 5735-000-037-0008 5735-000-015-0004 5735-000-038-0007 5735-000-016-0003 5735-000-038-0007 5735-000-017-0002 5735-000-039-0006 5735-000-018-0001 5735-000-040-0003 5735-000-019-0000 5735-000-041-0002 5735-000-020-0007 5735-000-042-0001 21 5735-000-043-0000 5735-000-052-0008 5735-000-043-0000 5735-000-053-0007 5735-000-068-0000 5735-000-054-0006 5735-000-070-0006 5735-000-055-0005 5735-000-031-0004 5735-000-058-0002 5735-000-032-0003 5735-000-059-0001 5735-000-044-0009 5735-000-060-0008 5735-000-045-0008 5735-000-061-0007 5735-000-046-0007 5735-000-062-0006 5735-000-046-0007 5735-000-063-0005 5735-000-047-0006 5735-000-064-0004 5735-000-048-0005 5735-000-065-0003 5735-000-049-0004 5735-000-066-0002 5735-000-050-0000 5735-000-067-0001 5735-000-051-0009 5735-000-057-0003 5735-000-056-0004 LOT 1 and 3, CITY OF PORT ORCHARD SHORT PLAT NO. PO -155 (LU22-SP-01), RECORDED UNDER AUDITOR'S FILE NO. 202208230176. 5695-000-084-0107 5695-000-084-0305 22 EXHIBIT B Commercial Transparency sueom eM wp emd'ee; • a,«so ww-o:t l:ae, nrvain ,nam trvr nnln iovi 0o S0 Nnaid aNiO SWJk]'Nns - S JJJNIEiva n/IZ N I '] N 3 r�s3u'�'a nurwMr»owaa re� _ 13WW3a) JA'dO:)3J 6Y 9 e w c] -�' ltlL)213NIWO�JDIWTJfp�Vl nLii33is..�l�₹%�� ig BI r I r�rr�r� •V S LL L J � Q Oz w z O i CO U N O z C' _Io I o U z 0 N O CD U O 0 Cl) D c CD H CD U C) E E 23 Return Address: McCormick Land Company 4978 SW Lake Flora Rd Port Orchard, WA 98367 DOUGLAS SKROBUT 201012210340 Agreement Rec Fee: $ 85.00 12121/2010 02:12 PM Walter Washington, Kitsap Co Auditor 4111111111111111 I III IkI!II1111111111111 11 I I I I 1111111111111 I I I I I I I I I I I I 1 111 AUDITOR/RECORDER'S INDEXING Agreement Reference Number(s) of Documents assigned or NA released: 1. Cityof PortOrchard Additional names on page teels) 1. GEM1 LLC COUNTER COMPLETE Permit Center Sep 17, 2025 City of Port Orchard Community Development Additional names on page 7o/doci.rt. Legal The northwest quarter ottte th t arter of Section 4 together with the southwest, northeast ans Description: southeast quarter the ou as carter of Section 5, all located in Township 23 North, Range l East, (abbreviated) Willamette Mer, itsap,�oImt, Washington Additional legal is wpes 1 roc h I of document. NY Assessor's Prope r I/ cou umber: 052301-4-014-2009, 052301-4-015-2008, 052301-4-016-2007, 052301-4-017-2006,05231-4-018-2005,052301-4-013-2009, n 042301-3-009-2009,042301-3-007-2001 I Additional s ssor's Pro a Tax Parcel/ Account Numbers are on page 3 of Document. LU25-Dev Agreement -03 24 201012210340 12/21/2010 02:12:09 PM Page 2 of 24 DEVELOPMENT AGREEMENT McCormick North Phase III Contract No. 068-10 THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into of Port Orchard, a Washington municipal corporation ("the City"), 1 Washington limited liability company ("GEM 1 "). f A. GEM I is the owner and developer of the Preliminary Plat, which is a portion of a larger area gene McCormick North development is generally located cnii of Anderson Hill Road. The McCormick North arei McCormick North III are shown in the site plan of McCormick North Phase III is attached as Api was annexed into the City of Port Orchard on C. Prior to the annexation, Plan and Development Agreements for regulate development of all of U�M I McCormick North. In addition, GEM• McCormick North, Preliminary>Nats approvals for various aspects e d approvals and agreemts esalblished City S. a II 1VIt'er Plan and ormick North. The d Clifton Road, west f that area known as The legal description III 4.Jbt�ined Kitsap County's approval of a Master to , raffic, and Parks and Open Space, which elo nts in the Urban Growth Area, including V itsap County approval of a Master Plan for rmick North Phases I and II, and additional opment of McCormick North. Collectively, these mprehensive development plan for GEM 1's urban McCormick North Phase III. D. Prior the annexation. GEM 1 submitted applications for the McCormick North Phase III Master Preliminary Plat application for McCormick North Phase III to Kitsap County — Kitsap County Project Numbers 09 65893 and 09 74595. Kitsap County issued a Notice of Complete lication for the McCormick North Phase III Master Plan on March 13, 2009 and a Notice of�Complete Application for the McCormick North Phase III Preliminary Plat Kitsap County have different processes for the approval of like McCormick North Phase III. The City and County also have t, substantive standards for the development of projects like 25 201012210340 12/21/2010 02:12:09 PM Page 3 of 24 F. The City and GEM 1 recognize that GEM 1 has a vested right to develop McCormick North Phase III pursuant to the Kitsap County standards to which it is vested. However, for a variety of reasons, both the City and GEM 1 believe it would be preferable to complete the review and approval of McCormick North Phase III using City permit rocedures. The City and GEM 1 also believe it would be preferable to complete the review and roval of McCormick North Phase III based on City of Port Orchard substantive stand to extent that use of such standards does not require significant redesign of the project. G. The City and GEM 1 desire to enter into a Development Agreement, s auth i ed by RCW 36.70B.170, which will establish procedures and standards for review d app oval of McCormick North Phase III. This Agreement is intended to set forth the uses that will be permitted on the Property, the development standards that will apply, the period of time within which the development standards will apply, and the method and manner in which it may be developed. Based on the foregoing considerations, the Lit' of Port Ocard and GEM 1, LLC enter into the following Development Agreement. 1 ! �1 _ II _�.0 l �l11 II:� 1. Definitions: a. When used in this docui following words, when capitalized shall S (1) "Adopting QMi. Development Agreement,asxeqi (2) (3) context clearly indicates otherwise, the forth in this paragraph. :ans the ordinance that approves this W 36.70B.200. document, entitled Development Agreement. of Port Orchard. (4"Construction Standards" means the City adopted regulations governing construction standards and specifications, such as, but not limited to, the International Building Code, UniformPlumbing Code, National Electric Code, the International Fire Code the Uniformode for the Abatement of Dangerous Buildings, and such other cod s adopted the City, with or without amendment. Development Standards" means the development requirements set forth Section 3 of this Agreement, the SEPA conditions, and all of the regulations duly y the City, either as a part of the Port Orchard Municipal Code, or adopted n by reference, and any administrative regulations duly adopted by the City, that to the use, alteration or development of real property within the City,. Development rrds does not include Construction Standards or the applicable fees in effect at such Page 2 of 13 26 201012210340 12/21/2010 02:12:09 PM Page 4 of 24 time as grading, building, or other applicable permit applications are submitted and deemed complete by the City. (6) "Effective Date" means the effective date of the Adopting (7) "GEM 1" means GEM 1, LLC the fee simple title its successors or assigns. (8) "McCormick North Phase III" or the "Property" means the real pr,dp rty within the City, assigned Kitsap County Assessor's tax parcel nunthers 052301-4.014- 2009, 052301-4-015-2008, 052301-4-016-2007, 052301-4-01 7-2006, 052301-4-018- 2005, 052301-4-013-2009, 042301-3-009-2009, and 042301-3-007-2001. as depicted in Appendix A and legally described in Appendix B. The Property consists of approximately 129 acres and the proposed futi� inc residential, mixed use, and industrial. (10) "Vesting Date" refers to the late on which i sap County issued a Notice of Complete Application for the McCormick North Phase III Master Plan project - Kitsap County File Number 09 65893 (March'1.3200), , as set forth in paragraph D, above. (11) "Vested Development effect on the Vesting Date, exce of this Agreement. 2. Development a. The Kitsap submission of (1) a Mastf review process doeoi requirements for a el i than the County)'Maste I b. Iii order to following steps hitV�eeur means the Development Standards in the requirements set forth in Section 3 vprocess for McCormick North Phase III required ion, and (2) a Preliminary Plat application. The City ;r Plan process for such a development. The City's ration are slightly different and slightly more detailed requirements. the pending applications to the City permit process, the EM 1 submitted modified and supplemental information requested by ;gir4ing the pending master plan and preliminary plat application, in order to additional information required to meet the City's application requirements iaiy plat approval (generally consisting of additional information on the control plan). The City reviewed the application materials previously submitted to the id the modified/supplemental information provided pursuant to the preceding 1(b) (1) and determined, based on that information, the application contains Page 3 of 13 27 201012210340 12/21/2010 02:12:09 PM Page 5 of 24 sufficient information to allow the City to process a preliminary plat application for McCormick North Phase III using City processes and standards, subject to the terms of this Agreement. (3) Based on the City's determination that the application information to allow the City to process a preliminary plat applicati North Phase III using City processes and standards, subject to Agreement, the Master Plan application previously submitted to thet to have been abandoned and the McCormick North Phase III pr e t City preliminary plat application as set forth in this Agreement. c. Because the applications have been converted to th to subsection 1(b), above, the application has been processed preliminary plat approval, as in effect on the Effective of included, but was not limited to, issuance of a ne o i e of required by the City) and SEPA review, the City Heizing Examine 3. Development Standards: was this a Lptocess pursuant ty predures for ,nt. This process (if deemed to be appeal processes. Because the McCormick North Phas III applications -have been converted to the City permit process pursuant to Section 1, above, the Property, including all permitted land uses, has been reviewed and conditioned based on the Dey�lgpment Standards in effect on the Vesting Date, with the following changes: a. Minimum Reside designed with and is based on a residential lot size for the Prone, b. Ire provision of open retention regulatio retained through greater). The obi open space in w North project, de and will be subt pattern that diffee difference, h City a�d c McCormick North Phase III project was lot size of 1500 square feet. The minimum re feet. The (ity and County have very different requirements for lion significant trees. The City's current significant tree aiissdnption that a certain number of significant trees will be project fined as a tree having diameter at breast height of 36" or rn e cohtary, requires that a certain percentage of a site be retained as :isti etation is protected. GEM 1, as part of the larger McCormick d.that erall project based on the County system. As a result, there are .'areas of trees retained within the McCormick North project but in a t than the City's lot by lot system. In order to accommodate this GEM 1 agree that development on lots within McCormick North Phase a the provisions of the Port Orchard significant tree retention regulations ;h 16.50.220, as now or hereafter amended) for a period of fifteen years lat approval. After the expiration of said fifteen year period, any new or on any lot in McCormick North Phase III shall be done in compliance ,f significant tree retention regulations in effect at the time of application ial development. Page 4of13 28 201012210340 12/21/2010 02:12:09 PM Page 6 of 24 c. Stormwater Control Standards. McCormick North Phase III was originally planned and development applications submitted on the basis of the requirements set forth in the Kitsap County Code Title 12 Drainage Standards, and the Kitsap County Department of Public Works Stormwater Division, "Kitsap County Stormwater Management Manual (SWDM)," dated February 2002 with 2007 updates. GEM 1 subsequently agreed to use more e -of -the - art water quality best management practices as part of the project. In order toimp1�ni�nt this agreement, the City and GEM 1 agree as follows: (1) The requirements set forth in the Kitsap CS�to ty Code Title 12 Drge Standards, and the Kitsap County Department of Public Works Storniwater Division, :;ttsap County Stormwater Management Manual (KCSWDM)," dated Februar 2 007pdates shall be used to review and condition approval of the water quantity aspects of the stormwater control system for McCormick North Phase III (i.e., the volume f required retention -detention and flow control standards). (2) The standards contained in the 2005 Department of Ecology Stormwater Control Manual and Kitsap County Low Impact Development Ordinance shall be used to review and condition the water quality control aspects of the storm water o trol system for McCormick North Phase III. d. Building Height. Kitsap C building height limitations on the residential R20 in the City) in which a portion of te method of measuring building height is IothE assuming the County measurem t syst ,1 Phase III that is zoned R20 sha� al ula 17.110.140, 17.382.020, 17.382.060and 7._ e. xoaa development which County Road Stance lighting and rel ed maintenance st�n4a shall be developed used in the balance Sections and Road( (1) WSDOT Standard and the City impose similar but different — Residential Medium in the County and ±Ngrth Phase III is located, but the County or detailed. Because the plat was designed i eights in the portion of McCormick North ed on the provisions of Kitsap County Code 0 (copies attached as Appendix C.) Sections. McCormick North Phase III is part of a larger signed and constructed based upon the standards in the 2007 Kitsap :Iuding roadway width, sidewalk requirements, street trees and street enances. In order to provide uniformity of appearance, a common for consistency, except as noted below, McCormick North Phase III e same road cross sections and road improvement standards that were 4cConnick North development. Copies of the applicable Road Cross ization Plan are attached as Appendix D , D-1, and F. ads 1 through 5 shall have 6 foot wide sidewalks in accordance with Road 1 shall include a center turn lane between Roads 5 and 6. Roads 2- 4 are intended to provide ingress/egress to the R20 zone (High parcels. The roads shall include curb, gutter, 6 foot sidewalks on both sides, on one side, and 11 foot drive lanes, as depicted in Appendix E and Appendix Page5of13 29 201012210340 12/21/2010 02:12:09 PM Page 7 of 24 (3) Road 5 is intended to provide ingress/egress to the Eo Zone (employment — industrial and office) parcels. The road shall include curb, gutter, 6 foot sidewalks both sides, 12 foot center turn lane, and 11 foot drive lanes, as depicted in Appendix E. (4) Road 6 is intended to provide ingress/egress to the Eo Zone loyment — industrial and office) parcels. In addition to the median or 12 foot wide center lane, two 11 foot wide drive lanes, and 6 foot sidewalks on both sides, as depicted in Appendix E. .Road 6 shall also include covered stormwater conveyance with thickened edge. and a c -sac installed to City standards at the north terminus of the roadway. f. Critical Areas. The City has reviewed the critical area delineations and reports prepared for McCormick North Phase III (which were originally submitteditsap County) and has determined that the reports are complete and sufficient for review f a plat application pursuant to City standards and that the delineations containedtherein are accurate. g. Zoning and Uses. The land uses f'i'ndividual �pcels or future development tracts are subject to the underlying City Zoning d 'gnation an ssociated land use code as identified in Port Orchard Municipal Code Section 16.30 as adopted on the Vesting Date. Future development is subject to the land use approval proces1, conditions, and potential SEPA review identified pursuant to the land use tables identified in Chap .30. h. Dedication of Additional OpenSpace... Although GEM 1 proposed to provide sufficient open space and recreational amenities to meet applicable standards, the City requested that GEM 1 also dedicate additional property as open'space in McCormick North Phase III. GEM 1 agrees, in response to that request,.e the additional open space subject to the following conditions: vv (1) Within s' 6 s of final plat approval, GEM 1 shall convey as permanent open space to thecity via�it claim deed the real property depicted in attached Exhibit 1 (the "dedicate prop "), (2) GEM 1 shall -b allowed to construct roadway and stormwater control facilities (both water quantity and water quality control systems) in the dedicated property. Such facilities shall be designed and constructed in accordance with Section 3(c) of this Agreement. In the event that the dedication occurs before the stormwater control facilities are completed, inspected and approved the City, GEM 1 shall have the right to enter the dedicated property for the purposes of design, construction, maintenance and repair of the facilities, including during a pe i d of two years after approval of the constructed facilities. GEM 1 shall be responsible for the maintenance and repair of the ilities in the dedicated property for a period of two years after approval of the ties. During that period of time, GEM 1 shall be responsible for any repair, or improvements required to assure that the facilities are operating in a manner es with the standards set forth in Section 3(c) of this Agreement. Page 6 of 13 30 201012210340 12/21/2010 02:12:09 PM Page 8 of 24 (4) At the conclusion of the two year maintenance period set forth in the preceding subparagraph, the City shall assume responsibility for the ongoing maintenance and repair of the stormwater facilities in the dedicated property 4. Term of Agreement. a. Because the completion of the development of GEM 1's U properties, including McCormick North Phase III, is expected to take co i< the development of a single plat and because Kitsap County, the City of Poil 1 all desire that these properties be developed in a coordinated manner, the V Standards shall be valid for a period of fifteen years from the Effective Date terminated as provided herein. The City may grant a single five year extens GEM 1 and if the City finds that GEM 1 has made a reasonable effort to con process, recognizing that the timing of development is en a on rnarl availability of financing and various other factors beyond the control f Agreement. Final plat approval may be granted for portions of McCorLnic provided such final plat recording for all of McCorn5ck North Pha e III shall occur within the time periods established by this Section. Area and unle'ss' extended or ionif requested by ipl�te.he final plat cet conditions, the the parties to this k North Phase III, b. Following the expiration oQth have no force or effect and the Property shall City, either as part of the Port Orchard Munici administrative regulations duly adoIt te development of real property within ity application is submitted prior to exa�c term or extension thereof, this Agreement shall subject to the regulations duly adopted by the e, or adopted therein by reference, and any that relate to the use, alteration or e , however, if a complete building permit e term or extension thereof, the City shall rovement covered by said building permit on said application remains in full force and within 18 months of the date the City issues in phases, with the phases being allowed to ssary in order to meet economic demands. i phase the improvements that are determined public health and safety with regards to ,ss, stormwater management, and utilities as tors result in a change in the type of uses ►perty, this Agreement shall remain in effect, e entitled to develop its property pursuant to ), above, provided that if the total impervious 13 31 201012210340 12/21/2010 02:12:09 PM Page 9 of 24 surface area in the revised development exceeds the impervious area that is assumed in the stormwater plans designed in accordance with Section 3(c), GEM shall design and install the additional stormwater storage required by the revised development in accordance with the City of Port Orchard' tormwater regulations and standards in effect at the time of vesting of the applic ti n for the revised development. b. Additional Residential Area. In the event that a revised development vc}uld increase the area devoted to single family residential uses, lot sizes d p ing requirements for lots in the additional area shall comply with f Port Orchard standards in effect when an application for development of the itional area is vested. In order to maintain a uniform appearance d consistency, any additional residential area shall be subject to the buiIding height road cross section standards established in Sections 3(e) , above. 6. Default. No party shall be in default under this Agreement unless Chas failed to perform following written notice of default from the other party. Notice of default shall allow the defaulting party thirty (30) days to cure or commence cure where thirty (30) days is insufficient for a complete cure. Each notice of default shall specify the nature of the alleged fault and the manner in which the default may be cured satisfactorily. A partydefault under this Agreement shall have all rights and remedies provided by law or equity. i ding without limitation: issuance of a stop work order, injunction, damages, action for specific performance, or to require action consistent with this Agreement. Nothing herein to prevent either party from taking legal action regarding noncompliance that threatens public health, safety or welfare prior to the expiration of the thirty (30) day cure period following notice of default. No such action or preceding will operate to automatically terminate this greement, nor shall it release either party from any promise or obligation herein nor shall it release either party from any liability or obligation with respect to any breach of this Agreement occurring prior to the commencement of any legal action by a party. 7. Notices. All notices required by this Agreement shall be deemed delivered to the respective party on the date that it is personally delivered to the address(es) set forth below, or on the date that it is successfully sent by facsimile transmission to the facsimile number(s) set forth below: City James Weaver City Development Director 216 Prospect Street Port Orchard, WA 98366 Phone: 360-876-4991 Page 8of13 32 201012210340 12/21/2010 02:12:09 PM Page 10 of 24 With a copy to Facsimile: 360-876-4980 Gregory A. Jacoby by ing hin ion lys I is ant set his )m Int the 33 201012210340 12/21/2010 02:12:09 PM Page 11 of 24 Comprehensive Plan, Zoning Code, Official Zoning Map, or development regulations, to the extent required by a serious threat to public health and safety. 11. Recording; Binding Effect; Assignment. This Agreement and any subsequent amendments thereto shall be record County Auditor. GEM 1 shall be responsible for the cost of recording this subsequent amendments thereto. The rights, obligations, conditions and inte Agreement shall run with the land and shall inure to the benefit of and be n 1, and its heirs, personal representatives, successors and assigns and shaft described in Appendix B. GEM 1 shall have the right to convey, assign,ap transfer any and all of its rights, obligations, conditions, and infcrestsun Provided, however, within thirty (30) days of the effective 4ae of assignment, apportionment, or other transfer of its r/ts-der ' Agr provide notice to the City of the same. 12. Relationship of the Parties. neman� any >t foithiIthis n the M th properties r otherwise cAgreement. onveyance, GEM 1 must Notwithstanding any other provision of this Agreement, or anf other agreements, contracts, or obligations which may derive herefrom, nothing herein shall be construed to make the City or GEM 1 partners or joint venturers, or to rend�r any other parties liable for any of the debts or obligations of the other parties, it being the intentioi of this Agreement merely to create the agreements set forth herein. �/N. 13. Third Party Legt Chal In the event any legal action or than a party to this Agreement any provision herein, the Citfr claims in the 1awsui•t'to GE successors or expenses incurs not limited to party or parties without the co withhold conse The 14. 15. li peeahptciceeding is commenced by any person or entity other rdpa ccessor or assigns, to challenge this Agreement or nay etcetct to tender the defense of such lawsuit or individual 'aiidij'successors or assigns. In such event, GEM 1 and its heCity harmless from and defend the City from all costs and If such lawsuit or individual claims in the lawsuit, including but 'ekpenses of litigation, and damages awarded to the prevailing GEM I and its successors or assigns shall not settle any lawsuit The City shall act in good faith and shall not unreasonably ically agree that damages are not an adequate remedy for breach of this at the parties are entitled to compel specific performance of all material terms by any party in default thereof. No Third Party Beneficiaries. Page 10 of 13 34 201012210340 12/21/2010 02:12:09 PM Page 12 of 24 This Agreement is made and entered into for the sole protection and benefit of the parties hereto and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 16. Applicable Law and Venue. This Agreement shall be governed by and construed in accordance with the le��ught to of Washington. Any action with respect to this Development Agreement shajl be in sap County Superior Court, Port Orchard, Washington. 17. Multiple Originals. This Agreement may be executed in multiple copies, each of whi�h(shall bdemdh original. 18. Entire Agreement; Construction. This Agreement constitutes the entire agreement df the par i s and incorporates all prior discussions and agreements. The captions througho s Agreetn�nt are for convenience and reference only and the words contained in them shall n be o expand, modify, amplify or aid in the interpretation, construction or meaning of this Agreement. All parties hereto have been represented by legal counsel and accordingly hereby waive the general rule of construction that an agreement shall be construed against its 19. Attorney's Fees. O In the event that any party to this 4 enforce any provision of this Agte any such lawsuit shall be entit any other available rerdy. w IN I hereinafter i CITY OF PORT Lt rirg's a lawsuit against any other party in order to redress any breach thereof, the prevailing party in costs and reasonable attorney's fees in addition to Agreement was executed by the parties on the dates Page 11 of 13 ricia J1.1 K City Clerk 35 201012210340 12/21/2010 02:12:09 PM Page 13 of 24 By: afl Its Mike McKerpiflPATORF OPERATIONS GRANITE LAND COMPANY Date: 2Z iC7 STATE OF WASHING N ) ss. COUNTY OF KITSAP ) sQQ CI I certify that I know of have s�tjfactory evidence that who appeared before me, and said person cknowledged that] oath stated that he/she was authorized to a ecute t ns i of GEM 1, LLC to be th fe d volt purposes mentioned in the instrument. SUBSCRIBED AND SWORN to before me O STATE OF WASHINGTON COUNTY OF KITSAP NNOTARY PUB Wahington, resi y appointment ss. Njs the person this 'instrument, on iowledge it as the such party for the 20^ in and for the State of ii at I certify th kn fh��c s�t.sfactory evidence that is the person who appeared bore me, arid said person acknowledged that he/she signed this instrument, on oath stated that e/ s authrized to execute the instrument and acknowledge it as the f th��ity of Port Orchard to be the fee and voluntary act of such party for the purposes meiititnd4n the instrument. SWORN to before me this day of 20 NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires: Page 12 of 13 36 201012210340 12/21/2010 02:12:09 PM Page 14 of 24 '�<�..-.-'\E,.%�E,.'�>.?i��.•.c�C:�N�E��'\v!-0.C!'=�4�'SE,.Av�?SraS�N'\v!a� 74 �N'\C�nC �..�v�?..c�>�,-'3.i..'\vsa::� act.'�"S.a.C!-�azSC.0.C!s�v�S!:�y`\v.�:.t, a::r.:: State of California County of SGC ________________ } 1�(�'Qrl'�0 On 1 j 2O O\ 0 before me, Date Here Insert Na and Title of the Officer personally appeared Name(s) of Signer(s) ..17(7—.N:\\ ) _ DESIREE H0I.BERG CoMM.# 1893720 ��AA UJ NOTARY PUBLIC•CALIFORNIA `J SACRANENro COUNTY MY COMM. EXP. JUNE 27, 2014 "t who proved to me on the be the person(-. }ywhos within instrument nj he/oe/tYbejf exceed t11 which the sisp t1sfad evidence to rie3i/ s scribed to the ickn dge me that me ir Is/berTtherr authorized /ef/)ir signature(s) on the rth� entity upon behalf of executed the instrument. I certify PENA Y OF PERJURY under the laws of the State r ' that the foregoing paragraph is ue and correct. S my hjand�and official al. n ure `v Place Notary Seal Above Signature of Notary Public T N Though the information below is not requlr 4yovaluable to persons relying on the document and could prevent fraudulent rem a d r ttach ent of this form to another document. Description o ached Docu Title or Type of Documen . Document Date: Signer(s) Other tJarrlet Capacity(ies) C1aby Signer's Name: ❑ Individual ❑ Corporat fficer — it (: ❑ Partner Limited G ❑ Att in ac ❑ Tu ❑ ardian vator ❑ th : Sgrher Is Representing: Number of ;;__ Sign ' Name:_ ❑ Individ ❑ Corporate ❑ Partner — ❑ Lim ❑ Attorney in Fact thumb here ❑ Trustee — Title(s): ice❑ General ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Notary Associations 9350 De Soto Ave., P.O. Box 2402 •Chatsworth, CA 91313-2402• www.NabonalNotary.org item #5907 Reorder: Call Toll -Free 1-800-876-6827 37 201012210340 12/21/2010 02:12:09 PM Page 15 of 24 MCCORMICK NORTH PHASE III DEVLOPMENT AGREEMENT - APPENDIX A NW 1/4, SW 1/4, SEC. 4, AND THE SE 1/4, SEC 5, TWP. 23 N.. RGE. I E., W.M. KIJTSAP COUNTY WASHINGTON ! 1 fl KV ggh 9;. GoId2lflth & A9eoe1itea Inc. GEM I L.L.C. JOB N0:08100 Conacl{1 K gIneez5 ' nejora Plennei8 P.O. Box 3565 TKL 425 462.1080 Bellevue, 1!A 88009 FAX; #425) 462-7719 MCCORMICK NORTH MASTER PLAN III, URBAN VILLAGE 1 SISALS `1 ; 800' APR: GCR BY: KJT PSS : 04005 I DATE: 9/8/08 KITSAP COUNTY WASHINGTON DWG: 08100EOLdwa LKNAPP 09/10/08 08:53 M:\ACAO\SURVEY\08\0BI0O\ogloOEoidwq Li rcI:1 201012210340 12/21/2010 02:12:09 PM Page 16 of 24 MCCORMICK NORTH PHASE III DEVLOPMENT AGREEMENT - APPENDIX B September 10, 2008 LEGAL DESCRIPTION GEM1, L.L.C. MCCORMICK NORTH MASTER PLAN PHASE III, URBAN VILLAGE That portion of the Southwest quarter of Section 4 and the SoutheasT-quarter of Section 5, Township 23 North, Range 1 East, Willamette Meridia , itsap County washington, lying North of Old Clifton Road and lying West of the following d scr€bed line: Beginning at the Southeast corner of said Section 5; Thence N 87°02'01" W along the South line of said Section istance of 835.91 feet; Thence N 5°32'11" E a distance of 3a.03,feet to the North margin of said Old Clifton Road and the TRUE POINT OF BEGINNING of•tne -herein described line, said point also being a point on the arc of a curve, the center of which bears_ S S4°27'49" E; Thence Northerly along the arc of a curveto the, right, said curve having a radius of 430.00 feel, through a central angle of 24°59'29a distance -of 187.56 feel; Thence N 28°0049" E a distance pf%455,02 feet -f_ Thence N 30°31'40" E a,distancei;oi,1257:'51 eet-to a point of curve; Thence Northerly along an arc_ of c rve to left, said curve having a radius of 800.00 feet, through a central angle of 27°50'x≥', a dlstance•of 388.83 feet; Thence N 2°40'48" E a distance -of 457.96 feet; Thence N 87°19'12" W,a distance of,10..p0 feet to a point on the arc of a curve, the center of which bears S 87°19'12" E;;' Thence Northerly along the arc of,alcurve to the right, said curve having a radius of 710.00 feet, through', central angle. of 9°f)Es!48", a distance of 112.93 feet to a point on the EastVl�est-centerline of said Section 4, distant thereof- 89.08 -feet; S 88°52'10" E from the West quarter corner of sai ecti 4' d theSERMINUS of the herein described eof lying within the Northwest of said Section 5. GOLDSMITH LAND DEVELOPMENT SERVICES 39 201012210340 12/21/2010 02:12:09 PM Page 17 of 24 MCCORMICK NORTH PHASE III DEVLOPMENT AGREEMENT - APPENDIX C "B of hif (O II. C. frc ref bu, I. ho no 2. de, 3. bu IT. 17 Building Height for McCormick North Phase III Preliminary Plat \� Urban Low Residential Urban Medim/i3igk- -Density Density Residential UCR IGZ UR UL UNI UH an (5) (3 3) (3 3) (5) (5) (33) C: cup 02-14-061Development Sub Areas\McCormick North\McCormick North Phase I1I\Bldg Height PH III Pre -Plat bev A KC Code)120709.doc 112;&2009 Q 40 201012210340 12/21/2010 02:12:09 PM Page 18 of 24 (50) (33) 4 1 1 4 10 Minimum density (du/acre) (3) (3) 9 (19) (18) (18) (19) (19) Base/Maximum density (du/acre) 9 4 5 9 18 30 (19) (18) (18) (19) / None for i- Minimum lot size (39) 2,400 5,800 5,800 2,(4�t) fam l None s.f. s.f. s. s.. 2;400 s.f. for single-family 0 for multi- family; Lot width (feet) 40 60 60 60 (20) 40 for single- family 0 for multi- O family; Lot depth (feet) 60 60 60 60 60 60 for single- family 35 35 35 Maximum height (feet) (4 35 35 (50) (17) (17) Maximum impervious surface coverage NA 40% 50% NA 85% 85% (Ord. 420 (2008) § 8 2008; Ord. 415 (2008) § 155, 2008: Ord. 367 (2006) § 106 (part), 2006) 17.382.110 Footnotesfor tables. 17: A greatermay be allowed as set forth below and in accordance with the procedures in Title 21 of this code. Such approval must be consistent with the recommendations of the fire marshal/fire district and compatible with surrounding uses and zones. Such approval shall result in a decrease in building coverage, an increase in public amenities, and/or a more creative or efficient use of land. The maximum building height approved by the director shall not exceed: 02-14-06\Development Sub Areas\McCormick North\McCormick North Phase IflBldg Height PH III Pre -Plat Dev Code) I20709.doe 2 41 201012210340 12/21/2010 02:12:09 PM Page 19 of 24 a. In the UM, NC, and P zones: forty-five feet. b. In the UH. HTC, and RC zones: sixty-five feet. 42 201012210340 12/21/2010 02:12:09 PM Page 20 of 24 MCCORMICK NORTH PHASE III DEVELOPMENT AGREEMENT - REVISED APPENDIX D Z0\ LH Q or �2 I 43 201012210340 12/21/2010 02:12:09 PM Page 21 of 24 MCCORMICK NORTH PHASE 111 DEVLOPMENT AGREEMENT -APPENDIX D-1 r X O 0 m C 70 O z m a :.�� 44 201012210340 12/21/2010 02:12:09 PM Page 22 of 24 m`s MCCORMICK NORTH PHASE III DEVLOPMENT AGREEMENT- REVISED APPENDIX E 39 h izO 1 45 201012210340 12/21/2010 02:12:09 PM Page 23 of 24 N 0 03 r - w CD U - 46 201012210340 12/21/2010 02:12:09 PM Page 24 of 24 MCCORMICK NORTH PHASE III DEVLOPMENT AGREEMENT - EXHIBIT 1 Ill _ Ali • 7 • �,nJI O -v [it = Z mtn nn <n 0m o -ID 1 47