07/10/2018 - Regular - Packet
City of Port Orchard Council Meeting Agenda
July 10, 2018
6:30 p.m.
1. CALL TO ORDER
A. Pledge of Allegiance
B. Council Photo
2. APPROVAL OF AGENDA
3. CITIZENS COMMENTS
(Please limit your comments to 3 minutes for items listed on the Agenda and that are not for a
Public Hearing. When recognized by the Mayor, please state your name for the official record)
4. CONSENT AGENDA
(Approval of Consent Agenda passes all routine items listed below, which have been distributed
to each Councilmember for reading and study. Consent Agenda items are not considered
separately unless a Councilmember so requests. In the event of such a request, the item is
returned to Business Items.)
A. Approval of Checks, Payroll, and Electronic Payments
B. Approval of the June 19, 2018, Council Work Study Session Minutes
Page 3
C. Adoption of a Resolution Approving a Contract with Correct Equipment,
Inc. for the 2018 McCormick Woods STEP System Retrofit &
Documenting Procurement Procedures (Dorsey) Page 7
5. PRESENTATION
6. PUBLIC HEARING
7. BUSINESS ITEMS
A. Adoption of an Ordinance Amending Port Orchard Municipal Code
Chapter 10.12 Parking, Stopping, or Standing (Dorsey) Page 27
B. Adoption of an Ordinance Adopting the 2018 Comprehensive Plan
Amendments (Bond) Page 49
C. Adoption of an Ordinance Adopting the 2018 Zoning Map (Bond) Page 67
D. Approval of 640 Bay Street Property Purchase and Sale Agreement
(Bond) Page 73
E. Approval of the June 26, 2018, Council Meeting Minutes Page 121
F. Approval of a Letter of Support for PSRC Skagit and Kitsap Transit
Projects (Mayor) Page 127
G. Introduction of a New Member of the Gordon Thomas Honeywell-GA
Team, Josh Weiss (Mayor)
8. REPORTS OF COUNCIL COMMITTEES
9. REPORT OF MAYOR
Mayor:
Rob Putaansuu
Administrative Official
Councilmembers:
Bek Ashby
Chair: ED/Tourism/LT Committee
Staff: Development Director
Finance Committee
KRCC / PSRC TransPol / KRCC TransPol
KRCC PlanPol-alt / PRTPO
Shawn Cucciardi
Finance Committee
Land Use Committee
PSRC EDD-alt
Fred Chang
Utilities Committee
Sewer Advisory Committee (SAC)
Staff: Development Director
Jay Rosapepe
ED/Tourism/LT Committee
Utilities Committee
Sewer Advisory Committee (SAC)
KRCC-alt / KRCC TransPol-alt
Kitsap Transit-alt
John Clauson
Chair: Finance Committee
Staff: Finance Director
Kitsap Public Health District-alt
KEDA/KADA-alt
Cindy Lucarelli
Chair: Utilities and SAC Committee
Staff: Public Works Director
Chair: Chimes and Lights Committee
Staff: City Clerk
KEDA/KADA
Scott Diener (Mayor Pro-Tempore)
Chair: Land Use Committee
Staff: Development Director
ED/Tourism/LT Committee
PSRC Growth Mgmt-alt
Department Directors:
Nicholas Bond, AICP
Development Director
Mark Dorsey, P.E.
Director of Public Works/City Engineer
Debbie Hunt
Court Administrator
Noah Crocker, M.B.A.
Finance Director
Geoffrey Marti
Police Chief
Brandy Rinearson, MMC, CPRO
City Clerk
Contact us:
216 Prospect Street
Port Orchard, WA 98366
(360) 876-4407
Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned.
The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required.
Meeting materials are available on the City’s website at: www.cityofportorchard.us or by contacting the City Clerk’s office at (360) 876-4407.
The City of Port Orchard does not discriminate on the basis of disability. Contact the City Clerk’s office should you need special accommodations.
July 10, 2018, Meeting Agenda Page 2 of 2
10. REPORT OF DEPARTMENT HEADS
11. CITIZEN COMMENTS
(Please limit your comments to 3 minutes for any items not up for Public Hearing. When recognized by the Mayor, please state
your name for the official record)
12. EXECUTIVE SESSION: Pursuant to RCW 42.30.110, the City Council may hold an executive session. The topic(s) and the
session duration will be announced prior to the executive session.
13. ADJOURNMENT
COMMITTEE MEETINGS Date & Time Location
Finance July 24, 2018; 5:15pm City Hall
Economic Development and Tourism July 9, 2018; 9:30am City Hall
Utilities July 16, 2018, 9:30am City Hall
Sewer Advisory July 18, 2018; 6:30pm SKWRF*
Land Use TBD DCD**
Lodging Tax Advisory TBD City Hall
Festival of Chimes & Lights July 16, 2018, 3:30pm City Hall
Outside Agency Committees Varies Varies
*South Kitsap Water Reclamation Facility, 1165 Beach Drive
**DCD, Department of Community Development, 720 Prospect Street, Port Orchard
CITY COUNCIL GOOD OF THE ORDER
City of Port Orchard
Council Meeting Minutes
Work Study Session Meeting of June 19, 2018
CALL TO ORDER AND ROLL CALL
Mayor Robert Putaansuu called the meeting to order at 6:30 p.m.
Roll call was taken by the City Clerk as follows:
Councilmember Ashby Present
Councilmember Chang Present
Councilmember Clauson Present
Councilmember Cucciardi Present
Mayor Pro-Tem Diener Present
Councilmember Lucarelli Present
Councilmember Rosapepe Present
Mayor Putaansuu Present
Staff present: Community Development Director Bond, City Attorney Cates, Police Chief Marti, City
Clerk Rinearson, and Deputy City Clerk Floyd were also present.
Pledge of Allegiance
Mayor Putaansuu led the audience and Council in the Pledge of Allegiance.
Mayor Putaansuu mentioned new parking enforcement and regulations on the charging stations are
now working.
1. Police Department Update
Chief Marti thanked Council for the opportunity as there are a lot of misconceptions when it comes
to crime statistics and the state of the police department. He provided updates on the following:
Staffing: Couple recent departures from the department; highly unusual. Challenge is hiring people
within a timely fashion. He briefly discussed the process on hiring new applicants. Some of our
detectives are also working patrol. We currently do not have a school resource officer. He also spoke
about civilian personal updates. We are maintaining critical minimum staffing.
Current crime statistics: Briefly explained how crime statistics are created and monitored. Port
Orchard is unique as our City population is 13,000 plus, but urban growth area is roughly 32,000, so
we have services for 32,000 people which includes retail stores and the jail. Additionally, Port
Orchard is also the County seat. The statistics are based upon the 32,000, and not just the population
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Minutes of June 19, 2018
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within City limits, so the statistics are skewed. There is a difference in crimes, but homicide counts
just the same as larceny in this report. A large percentage of our reported crimes are thefts, which
goes back to our retail centers. He also talked about the percent of crimes that are cleared through
investigations, and how crimes have decreased over the last several years. Overall, Port Orchard is a
very safe community.
Opportunity for lateral transfers from other police departments: Port Orchard used to do a lot of
lateral transfers. You must be super selective with who comes in. This is worth looking at every time
we hire; however, there is a philosophy about having police that represent this community. Over
50% graduated from South Kitsap High School and about 1/3 have served in the military that were
stationed here.
Council and staff discussed police overtime; reserve officers; recruitment program; adding additional
staff; and marijuana retail stores.
Council Direction: No direction was given to staff.
2. Zoning Code Update
Development Director Bond noted the updates had been presented to the Planning Commission
earlier this month. There will be a special Planning Commission meeting later to continue review of
the updates. He said he was presenting the information to Council, so they could review and ask any
questions. He would like this to be a standing item on the Land Use committee agenda. He pointed
out a matrix which shows new zoning names with the existing zoning name, and outlines different
land uses that are allowed.
In response to Councilmember Ashby, he said our intent once this is adopted, is to reach out to the
County and start talking about the possibility of an interlocal agreement or joint planning area.
Council and staff discussed density; buildable data; Airbnb’s; how to track changes to the code;
Planning Commission meetings and public hearings; possibility of a mini field trip for the Planning
Commission; permitted and non-permitted uses; overlay districts chapter; and landscaping.
In response to Mayor Putaansuu, Development Director Bond noted testimony will be taken at three
of the Planning Commission meetings. Council can take public comments, but we should wait to see
what the level of interest is. This will also be brought to a couple work study meetings.
Council Direction: No direction was given to staff.
3. 2018 Comprehensive Plan Amendments
Development Director Bond noted a hearing was held at the June Planning Commission meeting and
it was recommended unanimously to approve all the amendments as proposed. There was limited
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Minutes of June 19, 2018
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testimony, but there were concerns about the rezone of Crawford Road and mitigating impacts of
the actual development on Orlando Street.
Additionally, we want to adopt the right-of-way acquisition plans for Bethel and Sedgwick as we want
to make sure we have something on the books that we could use as we review the development
applications to make sure setbacks are accommodated.
Council and staff discussed circulation of Orlando Street and the apartment complex currently under
construction.
Council Direction: Staff directed this to be placed on the July 10th agenda for Council consideration.
4. City Fee Resolution
Development Director Bond said the fee resolution has not been updated for 1 ½ years. Building
evaluation is how we determine building permit fees. The International Code Council updates their
data on construction costs every six months, so you can have the most up to date data for evaluating
the data on a building. He provided information on how to calculate a building permit fee. He showed
data from other cities which provided comparisons on building projects and fees. He recommends
using Poulsbo’s fees as a benchmark and Gig Harbor for the million plus dollar range.
Council and staff discussed large projects and staffing; County permit fee differences; hiring of a
consultant; changes to the proposed fee resolution; and an interlocal agreement with Kitsap Transit.
Development Director Bond said he will bring forward an Ordinance to Council for the housekeeping
items.
Council Direction: Council directed Development Director Bond to bring the item of updating the
building fee calculations to the next Finance Committee meeting and provide answers to Council’s
questions about costs.
5. NEW ITEM: Kitsap County Coalition
Mayor Putaansuu noted he received a request from the County asking if we want to participate in a
PSRC Vision 2050 coalition. He noticed the other cities who are involved are primarily exceeding their
population allocations, and he is not sure if our interests are aligned with this coalition.
Development Director Bond said part of this request is trying to build an alliance that relates to
funding and directing funding to areas that have grown faster than they were supposed to. He
recommends keeping our options open and look at what alliances form at PSRC as Vision 2050 makes
its way through the process and figure out which position it most advantageous for the City.
Council and staff briefly discussed participating in the coalition.
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Minutes of June 19, 2018
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Council Direction: No direction as given.
At 7:54 p.m., Mayor Putaansuu recessed the meeting for a 15-minute executive session for 15
executive session in accordance with RCW 42.30.110(1)(i) regarding potential litigation. City Attorney
Cates and Development Director Bond was invited to attend. Councilmember Lucarelli was recused
due to a possible conflict of interest.
ADJOURNMENT
The meeting adjourned at 8:09 p.m. No other action was taken. Audio/Visual was successful.
Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor
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City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Consent Agenda 4C Meeting Date: July 10, 2018
Subject: Adoption of a Resolution Approving a Prepared by: Mark Dorsey, P.E.
Contract with Correct Equipment, Inc. Public Works Director
For the 2018 McCormick Woods STEP Atty Routing No: N/A
System Retrofit & Documenting Atty Review Date: N/A
Procurement Procedures
Summary: An Advertisement to Bid was published in the Port Orchard Independent, the Daily Journal of
Commerce and the City’s webpage on June 15th and June 22nd 2018 and the Project Bid Documents
uploaded to the Washington Builder’s Exchange for the 2018 McCormick Woods STEP System Retrofit.
By the June 29, 2018 Bid deadline, the City of Port Orchard received one (1) qualified bids for forty (40)
STEP conversions as follows:
Correct Equipment, Inc. $250,428.00 (tax included)
Upon review by Public Works Staff, it was determined that Correct Equipment, Inc. bid of $250,428.00
(applicable tax included) was the lowest responsible bidder for the forty (40) annual Step System
conversions scheduled for 2018. Additionally, the Public Works Department has confirmed 1) that the
bidding requirement for Public Work was followed and 2) that the project proposal is fully funded within
the approved 2018 Budget.
Relationship to Comprehensive Plan: None
Recommendation: Staff recommends that the City Council adopt a Resolution, thereby approving
Contract No. C049-18 with Correct Equipment, Inc. for the 2018 McCormick Woods STEP System
Conversions in the amount not to exceed $250,428.00 and documenting the Formal Competitive Bid
Procurement Procedures.
Motion for Consideration: I move to adopt a Resolution, thereby approving Contract No. C049-18 with
Correct Equipment, Inc. for the 2018 McCormick Woods STEP System Conversions in the amount not to
exceed $250,428.00 and documenting the Formal Competitive Bid Procurement Procedures.
Fiscal Impact: The 2018 budget allocated $390,000 for this activity (401.5.535.56.40)
Alternatives: Discontinue McCormick Woods STEP conversion program
Attachments: Resolution, Contract No. 049-18, Correct Equipment, Inc. Schedule of Contract Prices
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RESOLUTION NO. ____________
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING
CONTRACT NO. C049-18 WITH CORRECT EQUIPMENT, INC. FOR THE 2018
MCCORMICK WOODS STEP SYSTEM RETROFIT PROJECT AND DOCUMENTING
THE FORMAL COMPETITIVE BID PROCUREMENT PROCEDURES
WHEREAS, on June 15th and June 22nd, 2018, pursuant to RCW 39.04 and 39.26, the
City’s Public Works Department advertised in the City’s Webpage, the Port Orchard
Independent and the Daily Journal of Commerce, and uploaded to the Project Bid Documents
to the Washington Builder’s Exchange; and
WHEREAS, on June 29, 2018 by the noon submittal deadline the City Clerk received and
opened one (1) Sealed Bids; and
WHEREAS, on July 2, 2018, the City’s Public Works Department, having consulted with
the City’s Procurement Officer, confirmed that the apparent low bid submitted by Correct
Equipment, Inc. was deemed responsive; and
WHEREAS, the City’s Public Works Department then completed a Bidder Responsibility
Checklist on Correct Equipment, Inc. and determined that they are qualified to perform the
2018 Work, as they were in 2017; and
WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State
Auditor’s Office, wishes to document their selection/procurement process as described above
for this particular contract by Resolution; Now, Therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: The City Council approves Contract No. 049-18 with Correct
Equipment, Inc. for the 2018 McCormick Woods STEP System Retrofit Project
and adopts the “Whereas” statements contained herein, as findings in
support of the City’s selection/procurement procedures.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by
the City Clerk in authentication of such passage on this 10th day of July 2018.
____________________________________
Robert Putaansuu, Mayor
ATTEST:
_____________________________
City Clerk, Brandy Rinearson, MMC
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City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Business Item 7A Meeting Date: July 10, 2018
Subject: Adoption of Ordinance No. 018-18, Thereby Prepared by: Mark R. Dorsey, P.E.
Amending Port Orchard Municipal Code Public Works Director
Chapter 10.12, Sections 10.12.010, 10.12.500 Atty Routing No: NA
And Adding Section 10.12.640 Atty Review Date: NA
Summary: As a housekeeping measure, and in working with Parking Enforcement staff, and to support
proposed modifications to the City’s Car Charging stalls, the City’s Public Works Department continues to
annually inventory existing signage to compile corrections, revisions and/or modifications to the current Port
Orchard Municipal Code (POMC), Chapter 10.12.
Relationship to Comprehensive Plan: None
Recommendation: Staff recommends adoption of Ordinance No. 018-18, thereby updating POMC Sections
10.12.010, 10.12.500 and adding new Section 10.12.640 (Parking of Certain Trailers and Semi-Trailers) of
Chapter 10.12 Parking, Stopping or Standing in Certain Areas of the City.
Motion for Consideration: I move to adopt Ordinance No. 018-18, thereby updating POMC Sections
10.12.010, 10.12.500 and adding new Section 10.12.640 (Parking of Certain Trailers and Semi-Trailers) of
Chapter 10.12 Parking, Stopping or Standing in Certain Areas of the City, with final form approved by the City
Attorney.
Fiscal Impact: None.
Alternatives: Do not approve and provide further direction to staff.
Attachments: Ordinance No. 018-18 with POMC 10.12 Redline
Ordinance Final Version
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ORDINANCE NO. 018-18
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO
PARKING ON PUBLIC STREETS; AMENDING SECTIONS 10.12.010, 10.12.500 AND
ADDING A NEW SECTION 10.12.640 (PARKING OF CERTAIN TRAILERS AND SEMI-
TRAILERS) OF THE PORT ORCHARD MUNICIPAL CODE, PROVIDING FOR THE
POSTING OF SIGNS AND FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, WAC 308.330.270 authorizes the City to adopt regulations to prohibit,
regulate or limit stopping, standing or parking of vehicles in the City; and
WHEREAS, Port Orchard Municipal Code Section 10.12.080(1) authorizes the City
Council to from time to time, establish parking prohibitions and restrictions on portions of
certain specified streets; and
WHEREAS, the City Council deems it in the best interest of the City of Port Orchard to
periodically review and update such regulations; and
WHEREAS, the City Council chose to codify the parking regulations in order to aid the
public in its ability to access and review said regulations; and
WHEREAS, staff has inspected and verified the parking conditions, including signage, at
each of the locations described and seeks to modify the regulations so that the regulations
correctly reflect the true conditions; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. Section 10.12.010 of the Port Orchard Municipal Code is hereby amended
to read as follows:
10.12.010 Definitions.
(1) “Bicycle” means every device propelled solely by human power upon which a person or
persons may ride, having two tandem wheels either of which is 16 inches or more in diameter, or
three wheels either of which is more than 20 inches in diameter. (RCW 46.04.071)
(2) “Bus” means every motor vehicle designed for carrying more than 10 passengers and used
for transportation of persons, and every motor vehicle, other than a taxicab, designed and used
for the transportation of persons for compensation. (WAC 308-330-109)
(3) “Bus stop” means a fixed portion of the highway parallel and adjacent to the curb to be
reserved exclusively for buses for layover in operating schedules or while waiting for, loading, or
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Ordinance No. 018-18
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unloading passengers; provided, that such bus provides regularly scheduled service within the
jurisdiction of the local authority. (WAC 308-330-112)
(4) “Crosswalk” means the portion of the roadway between the intersection area and a
prolongation or connection of the farthest sidewalk line or in the event there are no sidewalks
then between the intersection area and a line 10 feet therefrom, except as modified by a marked
crosswalk. (RCW 46.04.160)
(5) “Department” means the department of licensing unless otherwise specified in this chapter.
(WAC 308-330-121)
(6) “Director” means the director of licensing unless the director of a different department of
government is specified. (WAC 308-330-123)
(7) “Holidays” include the first day of January, commonly called New Year’s Day; the third
Monday in January, commonly called Martin Luther King Jr. day; the third Monday of February,
being celebrated as the anniversary of the birth of George Washington; the thirtieth day of May,
commonly known as Memorial Day; the fourth day of July, being the anniversary of the
Declaration of Independence; the first Monday in September, to be known as Labor Day; the
fourth Thursday in November, to be known as Thanksgiving Day; the twenty-fifth day of
December, commonly called Christmas Day; and any other day specified by ordinance by the
city of Port Orchard to be a holiday. Whenever any holiday falls upon a Sunday, the following
Monday shall be a holiday. (WAC 308-330-127)
(8) “Legal owner” means a person having a security interest in a vehicle perfected in accordance
with Chapter 46.12 RCW or the registered owner of a vehicle unencumbered by a security
interest or the lessor of a vehicle unencumbered by a security interest. (RCW 46.04.270)
(9) “Loading zone” means a space reserved for the exclusive use of vehicles during the loading
or unloading of property or passengers. (WAC 308-330-133)
(10) “Motor vehicle” shall mean every vehicle which is self-propelled and every vehicle which is
propelled by electric power obtained from overhead trolley wires, but not operated upon rails.
(RCW 46.04.320)
(11) “Official time standard” means, whenever certain hours are named, standard time or
daylight saving time as may be in current use within the jurisdiction of the local authority. (WAC
308-330-136)
(12) “Park or parking” means the standing of a vehicle, whether occupied or not, otherwise than
temporarily for the purpose of and while actually engaged in loading or unloading property or
passengers. (RCW 46.04.381)
(13) “Passenger loading zone” means a place reserved for the exclusive use of vehicles while
receiving or discharging passengers. (WAC 308-330-151)
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Ordinance No. 018-18
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(14) “Planting strips” means that portion of a highway lying between the constructed curb, or
edge of the roadway, and the property line exclusive of the sidewalk area. (WAC 308-330-154)
(15) “Police or police officer” includes the police officers of a city, a town marshal, or the sheriff
and his/her deputies of a county, whichever is applicable, but when the term sheriff is used in
this chapter, it shall only mean the sheriff. (WAC 308-330-157)
(16) “Police chief or chief of police” includes the police chief or chief police officer of a city, a
town marshal, or the sheriff of a county, whichever is applicable, but when the term sheriff is
used in this chapter, it shall only mean the sheriff. (WAC 308-330-160)
(17) “Police department” includes the police department of a city or town or the sheriff’s office
of a county, whichever is applicable, but when the term sheriff is used in this chapter, it shall
only mean the sheriff. (WAC 308-330-163)
(18) “Private road or driveway” includes every way or place in private ownership and used for
travel of vehicles by the owner or those having express or implied permission from the owner,
but not by other persons. (RCW 46.04.420)
(19) “School bus zone” means a designated portion of the highway along the curb reserved for
loading and unloading school buses during designated hours. (WAC 308-330-169)
(20) “Service parking” means the use of a parking meter space while rendering service in
cleaning, painting, adjusting, or making minor repairs or replacements in or to buildings or
building equipment or to public utilities. (WAC 308-330-172)
(21) “Sidewalk” means that property between the curb lines or the lateral lines of a roadway and
the adjacent property, set aside and intended for the use of pedestrians or such portion of private
property parallel and in proximity to a public highway and dedicated to use by pedestrians.
(RCW 46.04.540)
(22) “Stand or standing” means the halting of a vehicle, whether occupied or not, otherwise than
temporarily for the purpose of and while actually engaged in receiving or discharging
passengers. (RCW 46.04.555)
(23) “Street” means a “city street.” (WAC 308-330-175)
(24) “Taxicab” means a motor vehicle for hire used for the transportation of persons or
compensation, and not operated exclusively over a fixed route or between fixed termini. (WAC
308-330-178)
(25) “Taxicab stand” means a fixed portion of a highway set aside for taxicabs to stand or wait
for passengers. (WAC 308-330-181)
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Ordinance No. 018-18
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(26) “Tow truck operator” means a person, firm, partnership, association, or corporation which,
in its course of business, provides towing services for vehicles and automobile hulks. (WAC
308-330-184)
(27) “Traffic division” means the traffic division of the police department of the local authority,
or in the event a traffic division is not established, then said term whenever used in this chapter
shall be deemed to refer to the police department of the local authority. (WAC 308-330-187)
(28) “Trailer or semi-trailer” includes every vehicle without motive power designed to be drawn
by a vehicle, motor vehicle, or truck tractor and so constructed that an applicable part of its
weight rests upon or is carried by such motor vehicle, but does not include a municipal transit
vehicle or recreational vehicle.
(289) “Vehicle” includes every device capable of being moved upon a public highway and in,
upon, or by which any persons or property is or may be transported or drawn upon a public
highway, excepting devices moved by human or animal power or used exclusively upon
stationary rails or tracks. (RCW 46.04.670)
(2930) “U-turn” means turning a vehicle so as to proceed in the opposite direction on the same
roadway. (WAC 308-330-190) (Ord. 1650 § 2, 1996).
SECTION 2. Section 10.12.500 of the Port Orchard Municipal Code is hereby amended
to read as follows:
10.12.500 Parking prohibited at all times.
When signs are erected by the city engineer giving notice thereof, no person shall park a vehicle
at any time upon any of the streets or parts of streets described as follows:
1.
Ada Street: on the north side of Ada
Street, in front of 825 Ada
Street.
2. Advantage Avenue: on the west side of the north
350 feet of roadway and on
the left-hand side, as the
traffic flows, of the remainder
of the street.
3. Andasio Loop SE: on the outside curb along the
entire loop.
4. Arnold Avenue E.: along the west side of Arnold
Avenue E., from the Lawrence
Street intersection, to the
northeast towards Bay St.,
100 feet.
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Ordinance No. 018-18
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5. Arnold Avenue E.: along the east side of Arnold
Avenue E., from the Bay
Street intersection, to the
south 66 feet.
6. Bay Street: on both sides, from the traffic
signal on SR 166 (Bay/Maple
Street) for a distance of 200
feet northeast of Guy Wetzel
Street.
7. Bay Street: at the intersection with Wharf
Street (Mitchell Point), along
the outside radius of the
existing road as delineated by
the established guardrail.
8. Bay Street: on the south side from Tracy
Avenue, westerly for a
distance of 200 feet.
9. Bay Street: on the north side, from the
DeKalb Street pedestrian pier
westerly for 70 feet and in
front of 501 Bay Street.
10. Bay Street: at the southwest corner of
the intersection with Arnold
Avenue E., from the point of
curvature to the point of
tangency of the curve radius.
11. Becky Avenue: on both sides of street, from
Dallas Street south to dead
end.
12. Cedar Canyon: on both sides of the street
within 100 feet of the
Tremont Street right-of-way.
13. Chanting Circle SW: on both sides of street, from
Old Clifton Road 260 feet.
Then on the east side to
Chanting Circle. Then along
the inside curb of the
remaining part of Chanting
Circle.
14. Chatterton Avenue SW: on right-hand side of street as
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Ordinance No. 018-18
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the traffic flows.
15. Chowchilla Way: on the south side of street.
16. Dallas Street: on the right-hand side, as the
traffic flows.
17. DeKalb Street: on both sides from Cline
Avenue easterly to dead end.
18. DeKalb Street: on the south side, from
Sidney Avenue westerly for a
distance of 100 feet.
19. DeKalb Street: on the north side, from Tracy
Avenue easterly to the end of
DeKalb Street.
20. DeKalb Street: on the south side, from
Mitchell Avenue to the east
side of Tracy Avenue.
21. Donna Street: on the south side of street.
22. Egret Street: on the south side of the
street.
23. Fiscal Street: on the south side of the
street.
24. Fantail Place: on the east side of the street.
25. Farragut Avenue: on both sides, from DeKalb
Street to Morton Street;
except, on the east side, 160
feet north of DeKalb Street.
26. Glenmore Loop: on the inside radius of the
entire loop.
27. Glenwood Road SW: on the north side, from
Sidney Road 350 feet west.
28. Grebe Way: on the north side, from Siskin
Circle to Swift Avenue.
29. Guy Wetzel Street: on both sides from Bay Street
to Perry Avenue.
30. Huntington Street: on both sides from Olney
Avenue to Glenmore Loop
and the north side from
Glenmore Loop to west end
terminus.
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Ordinance No. 018-18
Page 7 of 10
31. Jabirin Way: on the north side of street.
32. Koda Circle: along fire lanes where
marked/posted.
33. Lazuli Street: on the south side, from
Wigeon Avenue to Siskin
Circle.
34. Lippert Drive: on both sides, from Pottery
Avenue to Advantage Street.
35. Lloyd Parkway: on both sides from SW Old
Clifton Road to Lumsden
Road.
36. Lowren Street: on the right-hand side, as the
traffic flows on the one-way
portion of the street.
37. Lumsden Road: on both sides of the street.
38. Lone Bear Drive: on both sides from Feigley
Road to SW Stanwick Way.
39. Longview Avenue: on east side of street.
40. Mitchell Avenue: on both sides, from Bay Street
to Kitsap Street.
41. Murrelet Avenue: on both sides, from Old
Clifton Road to Siskin Circle.
42. Orlando Street: on south side of street.
43. Pickford Place SW: on the left-hand side as the
traffic flows on the street,
from SW Colbert Way to end
of cul-de-sac.
44. Plisko Avenue: on both sides, from Mitchell
Avenue to Mile Hill Drive.
45. Prospect Street: on the inside radius of the
curve between Robert Geiger
Street and Frederick Avenue.
46. Pottery Avenue: on both sides of the street,
within 100 feet of the
Tremont Street right-of-way.
47. Retsil Road: on the west side, from the
north corporate limits to the
south property line of 982
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Ordinance No. 018-18
Page 8 of 10
Retsil Road.
48. Rockwell Avenue: on both sides, from Bay Street
to Kitsap Street.
49. Ross Street: on the south side of the 400
block.
50. Sage Court: on both sides of street.
51. Sage Street: on both sides from Pottery
Avenue east for a distance of
70 feet and on the left-hand
side, as the traffic flows, on
the remainder of the street.
52. Sherman Avenue: on the east side of the 1200-
1300 block from the dead end
980 feet north.
52.53. Sidney Avenue: on the west side from Bay
Street to Prospect Street.
53.54. Siskin Circle: on the inside curb of Siskin
Circle throughout the circle.
54.55. Snowridge Avenue: on the left-hand side, as the
traffic flows on the street.
55.56. Sprague Street: on the right-hand side, as the
traffic flows on the one-way
portion of the street.
56.57. Sroufe Street: on the south side, from
Sidney Avenue to Portland
Avenue.
57.58. Strathmore Circle SW: on outside of circle traveling
either direction.
58.59. Sweany Street: on the north side, from Cline
Avenue westerly for a
distance of 340 feet.
59.60. Sweany Street: on the south side, from
Sidney Avenue westerly for a
distance of 200 feet.
60.61. Swift Avenue: on west side, from Siskin
Circle to Lazuli Street.
61.62. SW Colbert Way: on left-hand side of street as
the traffic flows, from
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Ordinance No. 018-18
Page 9 of 10
Pickford Place SW to
Chatterton Avenue SW.
62.63. SW Stanwick Way: on the right-hand side of
street as the traffic flows,
from Lone Bear Drive to
Pickford Place SW.
63.64. Tremont Place: on both sides of street from
233 Tremont Place driveway
to end of road guardrail.
64.65. Tremont Street: on both sides of the street,
within 100 feet of Pottery
Avenue right-of-way.
65.66. Warbler Way: on both sides of street from
Old Clifton Road to Siskin
Circle.
66.67. Warbler Way: from Siskin Circle to curve
(park) on south side and on
east side from curve (park) to
Grebe Way.
67.68. Wilkins Drive: on both sides, from the west
terminus, eastward 350 feet.
68.69. Lot 4: all of Lot 4, as defined in
POMC 10.12.580, Saturdays
from 5:00 a.m. to 5:00 p.m.,
from April 1st through
October 31st.
SECTION 3. Section 10.12.640 of the Port Orchard Municipal Code is hereby added to
read as follows:
10.12.640 Parking of certain trailers and semi-trailers.
No trailer or semi-trailer shall be parked upon any city street unless the trailer or semi-trailer is
attached to a vehicle by which it may be propelled or drawn. In case of accident, such trailer or
semi-trailer may be moved to the side of the street, and if a good and sufficient red signal is
displayed at both ends of the trailer or semi-trailer during the hours of darkness, such trailer or
semi-trailer may be permitted or allowed to remain for a period not exceeding twenty-four
hours pending removal, except that such trailer or semi-trailer shall not remain upon any
portion of a city street where standing or parking is limited or prohibited for a period longer
than is necessary to effect its removal.
Page 37 of 130
Ordinance No. 018-18
Page 10 of 10
SECTION 4. Posting Signs. The City Engineer is hereby directed to post the signs as
required and as a result of the amendments to Section 10.12.500, after passage of this
ordinance, before the Effective Date.
SECTION 5. Severability. If any section, subsection, paragraph, sentence, clause, or
phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision
shall not affect the validity of the remaining parts of this ordinance.
SECTION 6. Effective Date. This ordinance shall be in 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 the entire ordinance, as authorized by State Law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the City Clerk in authentication of such passage this 10th day of July, 2018
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, CMC, City Clerk
APPROVED AS TO FORM: SPONSORED BY:
Sharon Cates, City Attorney Scott Diener, Councilmember
Page 38 of 130
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO
PARKING ON PUBLIC STREETS; AMENDING SECTIONS 10.12.010, 10.12.500 AND
ADDING A NEW SECTION 10.12.640 (PARKING OF CERTAIN TRAILERS AND SEMI-
TRAILERS) OF THE PORT ORCHARD MUNICIPAL CODE, PROVIDING FOR THE
POSTING OF SIGNS AND FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, WAC 308.330.270 authorizes the City to adopt regulations to prohibit,
regulate or limit stopping, standing or parking of vehicles in the City; and
WHEREAS, Port Orchard Municipal Code Section 10.12.080(1) authorizes the City
Council to from time to time, establish parking prohibitions and restrictions on portions of
certain specified streets; and
WHEREAS, the City Council deems it in the best interest of the City of Port Orchard to
periodically review and update such regulations; and
WHEREAS, the City Council chose to codify the parking regulations in order to aid the
public in its ability to access and review said regulations; and
WHEREAS, staff has inspected and verified the parking conditions, including signage, at
each of the locations described and seeks to modify the regulations so that the regulations
correctly reflect the true conditions; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. Section 10.12.010 of the Port Orchard Municipal Code is hereby amended
to read as follows:
10.12.010 Definitions.
(1) “Bicycle” means every device propelled solely by human power upon which a person or
persons may ride, having two tandem wheels either of which is 16 inches or more in diameter,
or three wheels either of which is more than 20 inches in diameter. (RCW 46.04.071)
(2) “Bus” means every motor vehicle designed for carrying more than 10 passengers and used
for transportation of persons, and every motor vehicle, other than a taxicab, designed and used
for the transportation of persons for compensation. (WAC 308-330-109)
(3) “Bus stop” means a fixed portion of the highway parallel and adjacent to the curb to be
reserved exclusively for buses for layover in operating schedules or while waiting for, loading,
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Ordinance No. ___
Page 2 of 10
or unloading passengers; provided, that such bus provides regularly scheduled service within
the jurisdiction of the local authority. (WAC 308-330-112)
(4) “Crosswalk” means the portion of the roadway between the intersection area and a
prolongation or connection of the farthest sidewalk line or in the event there are no sidewalks
then between the intersection area and a line 10 feet therefrom, except as modified by a
marked crosswalk. (RCW 46.04.160)
(5) “Department” means the department of licensing unless otherwise specified in this chapter.
(WAC 308-330-121)
(6) “Director” means the director of licensing unless the director of a different department of
government is specified. (WAC 308-330-123)
(7) “Holidays” include the first day of January, commonly called New Year’s Day; the third
Monday in January, commonly called Martin Luther King Jr. day; the third Monday of February,
being celebrated as the anniversary of the birth of George Washington; the thirtieth day of
May, commonly known as Memorial Day; the fourth day of July, being the anniversary of the
Declaration of Independence; the first Monday in September, to be known as Labor Day; the
fourth Thursday in November, to be known as Thanksgiving Day; the twenty-fifth day of
December, commonly called Christmas Day; and any other day specified by ordinance by the
city of Port Orchard to be a holiday. Whenever any holiday falls upon a Sunday, the following
Monday shall be a holiday. (WAC 308-330-127)
(8) “Legal owner” means a person having a security interest in a vehicle perfected in
accordance with Chapter 46.12 RCW or the registered owner of a vehicle unencumbered by a
security interest or the lessor of a vehicle unencumbered by a security interest. (RCW
46.04.270)
(9) “Loading zone” means a space reserved for the exclusive use of vehicles during the loading
or unloading of property or passengers. (WAC 308-330-133)
(10) “Motor vehicle” shall mean every vehicle which is self-propelled and every vehicle which is
propelled by electric power obtained from overhead trolley wires, but not operated upon rails.
(RCW 46.04.320)
(11) “Official time standard” means, whenever certain hours are named, standard time or
daylight saving time as may be in current use within the jurisdiction of the local authority. (WAC
308-330-136)
(12) “Park or parking” means the standing of a vehicle, whether occupied or not, otherwise
than temporarily for the purpose of and while actually engaged in loading or unloading
property or passengers. (RCW 46.04.381)
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Ordinance No. ___
Page 3 of 10
(13) “Passenger loading zone” means a place reserved for the exclusive use of vehicles while
receiving or discharging passengers. (WAC 308-330-151)
(14) “Planting strips” means that portion of a highway lying between the constructed curb, or
edge of the roadway, and the property line exclusive of the sidewalk area. (WAC 308-330-154)
(15) “Police or police officer” includes the police officers of a city, a town marshal, or the sheriff
and his/her deputies of a county, whichever is applicable, but when the term sheriff is used in
this chapter, it shall only mean the sheriff. (WAC 308-330-157)
(16) “Police chief or chief of police” includes the police chief or chief police officer of a city, a
town marshal, or the sheriff of a county, whichever is applicable, but when the term sheriff is
used in this chapter, it shall only mean the sheriff. (WAC 308-330-160)
(17) “Police department” includes the police department of a city or town or the sheriff’s office
of a county, whichever is applicable, but when the term sheriff is used in this chapter, it shall
only mean the sheriff. (WAC 308-330-163)
(18) “Private road or driveway” includes every way or place in private ownership and used for
travel of vehicles by the owner or those having express or implied permission from the owner,
but not by other persons. (RCW 46.04.420)
(19) “School bus zone” means a designated portion of the highway along the curb reserved for
loading and unloading school buses during designated hours. (WAC 308-330-169)
(20) “Service parking” means the use of a parking meter space while rendering service in
cleaning, painting, adjusting, or making minor repairs or replacements in or to buildings or
building equipment or to public utilities. (WAC 308-330-172)
(21) “Sidewalk” means that property between the curb lines or the lateral lines of a roadway
and the adjacent property, set aside and intended for the use of pedestrians or such portion of
private property parallel and in proximity to a public highway and dedicated to use by
pedestrians. (RCW 46.04.540)
(22) “Stand or standing” means the halting of a vehicle, whether occupied or not, otherwise
than temporarily for the purpose of and while actually engaged in receiving or discharging
passengers. (RCW 46.04.555)
(23) “Street” means a “city street.” (WAC 308-330-175)
(24) “Taxicab” means a motor vehicle for hire used for the transportation of persons or
compensation, and not operated exclusively over a fixed route or between fixed termini. (WAC
308-330-178)
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Ordinance No. ___
Page 4 of 10
(25) “Taxicab stand” means a fixed portion of a highway set aside for taxicabs to stand or wait
for passengers. (WAC 308-330-181)
(26) “Tow truck operator” means a person, firm, partnership, association, or corporation which,
in its course of business, provides towing services for vehicles and automobile hulks. (WAC 308-
330-184)
(27) “Traffic division” means the traffic division of the police department of the local authority,
or in the event a traffic division is not established, then said term whenever used in this chapter
shall be deemed to refer to the police department of the local authority. (WAC 308-330-187)
(28) “Trailer or semi-trailer” includes every vehicle without motive power designed to be drawn
by a vehicle, motor vehicle, or truck tractor and so constructed that an applicable part of its
weight rests upon or is carried by such motor vehicle, but does not include a municipal transit
vehicle or recreational vehicle.
(29) “Vehicle” includes every device capable of being moved upon a public highway and in,
upon, or by which any persons or property is or may be transported or drawn upon a public
highway, excepting devices moved by human or animal power or used exclusively upon
stationary rails or tracks. (RCW 46.04.670)
(30) “U-turn” means turning a vehicle so as to proceed in the opposite direction on the same
roadway. (WAC 308-330-190) (Ord. 1650 § 2, 1996).
SECTION 2. Section 10.12.500 of the Port Orchard Municipal Code is hereby amended
to read as follows:
10.12.500 Parking prohibited at all times.
When signs are erected by the city engineer giving notice thereof, no person shall park a vehicle
at any time upon any of the streets or parts of streets described as follows:
1.
Ada Street: on the north side of Ada
Street, in front of 825 Ada
Street.
2. Advantage Avenue: on the west side of the north
350 feet of roadway and on
the left-hand side, as the
traffic flows, of the remainder
of the street.
3. Andasio Loop SE: on the outside curb along the
entire loop.
4. Arnold Avenue E.: along the west side of Arnold
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Ordinance No. ___
Page 5 of 10
Avenue E., from the Lawrence
Street intersection, to the
northeast towards Bay St.,
100 feet.
5. Arnold Avenue E.: along the east side of Arnold
Avenue E., from the Bay
Street intersection, to the
south 66 feet.
6. Bay Street: on both sides, from the traffic
signal on SR 166 (Bay/Maple
Street) for a distance of 200
feet northeast of Guy Wetzel
Street.
7. Bay Street: at the intersection with Wharf
Street (Mitchell Point), along
the outside radius of the
existing road as delineated by
the established guardrail.
8. Bay Street: on the south side from Tracy
Avenue, westerly for a
distance of 200 feet.
9. Bay Street: on the north side, from the
DeKalb Street pedestrian pier
westerly for 70 feet and in
front of 501 Bay Street.
10. Bay Street: at the southwest corner of
the intersection with Arnold
Avenue E., from the point of
curvature to the point of
tangency of the curve radius.
11. Becky Avenue: on both sides of street, from
Dallas Street south to dead
end.
12. Cedar Canyon: on both sides of the street
within 100 feet of the
Tremont Street right-of-way.
13. Chanting Circle SW: on both sides of street, from
Old Clifton Road 260 feet.
Then on the east side to
Chanting Circle. Then along
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Ordinance No. ___
Page 6 of 10
the inside curb of the
remaining part of Chanting
Circle.
14. Chatterton Avenue SW: on right-hand side of street as
the traffic flows.
15. Chowchilla Way: on the south side of street.
16. Dallas Street: on the right-hand side, as the
traffic flows.
17. DeKalb Street: on both sides from Cline
Avenue easterly to dead end.
18. DeKalb Street: on the south side, from
Sidney Avenue westerly for a
distance of 100 feet.
19. DeKalb Street: on the north side, from Tracy
Avenue easterly to the end of
DeKalb Street.
20. DeKalb Street: on the south side, from
Mitchell Avenue to the east
side of Tracy Avenue.
21. Donna Street: on the south side of street.
22. Egret Street: on the south side of the
street.
23. Fiscal Street: on the south side of the
street.
24. Fantail Place: on the east side of the street.
25. Farragut Avenue: on both sides, from DeKalb
Street to Morton Street;
except, on the east side, 160
feet north of DeKalb Street.
26. Glenmore Loop: on the inside radius of the
entire loop.
27. Glenwood Road SW: on the north side, from
Sidney Road 350 feet west.
28. Grebe Way: on the north side, from Siskin
Circle to Swift Avenue.
29. Guy Wetzel Street: on both sides from Bay Street
to Perry Avenue.
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Ordinance No. ___
Page 7 of 10
30. Huntington Street: on both sides from Olney
Avenue to Glenmore Loop
and the north side from
Glenmore Loop to west end
terminus.
31. Jabirin Way: on the north side of street.
32. Koda Circle: along fire lanes where
marked/posted.
33. Lazuli Street: on the south side, from
Wigeon Avenue to Siskin
Circle.
34. Lippert Drive: on both sides, from Pottery
Avenue to Advantage Street.
35. Lloyd Parkway: on both sides from SW Old
Clifton Road to Lumsden
Road.
36. Lowren Street: on the right-hand side, as the
traffic flows on the one-way
portion of the street.
37. Lumsden Road: on both sides of the street.
38. Lone Bear Drive: on both sides from Feigley
Road to SW Stanwick Way.
39. Longview Avenue: on east side of street.
40. Mitchell Avenue: on both sides, from Bay Street
to Kitsap Street.
41. Murrelet Avenue: on both sides, from Old
Clifton Road to Siskin Circle.
42. Orlando Street: on south side of street.
43. Pickford Place SW: on the left-hand side as the
traffic flows on the street,
from SW Colbert Way to end
of cul-de-sac.
44. Plisko Avenue: on both sides, from Mitchell
Avenue to Mile Hill Drive.
45. Prospect Street: on the inside radius of the
curve between Robert Geiger
Street and Frederick Avenue.
46. Pottery Avenue: on both sides of the street,
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Ordinance No. ___
Page 8 of 10
within 100 feet of the
Tremont Street right-of-way.
47. Retsil Road: on the west side, from the
north corporate limits to the
south property line of 982
Retsil Road.
48. Rockwell Avenue: on both sides, from Bay Street
to Kitsap Street.
49. Ross Street: on the south side of the 400
block.
50. Sage Court: on both sides of street.
51. Sage Street: on both sides from Pottery
Avenue east for a distance of
70 feet and on the left-hand
side, as the traffic flows, on
the remainder of the street.
52. Sherman Avenue: on the east side of the 1200-
1300 block from the dead end
980 feet north.
53. Sidney Avenue: on the west side from Bay
Street to Prospect Street.
54. Siskin Circle: on the inside curb of Siskin
Circle throughout the circle.
55. Snowridge Avenue: on the left-hand side, as the
traffic flows on the street.
56. Sprague Street: on the right-hand side, as the
traffic flows on the one-way
portion of the street.
57. Sroufe Street: on the south side, from
Sidney Avenue to Portland
Avenue.
58. Strathmore Circle SW: on outside of circle traveling
either direction.
59. Sweany Street: on the north side, from Cline
Avenue westerly for a
distance of 340 feet.
60. Sweany Street: on the south side, from
Sidney Avenue westerly for a
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Ordinance No. ___
Page 9 of 10
distance of 200 feet.
61. Swift Avenue: on west side, from Siskin
Circle to Lazuli Street.
62. SW Colbert Way: on left-hand side of street as
the traffic flows, from
Pickford Place SW to
Chatterton Avenue SW.
63. SW Stanwick Way: on the right-hand side of
street as the traffic flows,
from Lone Bear Drive to
Pickford Place SW.
64. Tremont Place: on both sides of street from
233 Tremont Place driveway
to end of road guardrail.
65. Tremont Street: on both sides of the street,
within 100 feet of Pottery
Avenue right-of-way.
66. Warbler Way: on both sides of street from
Old Clifton Road to Siskin
Circle.
67. Warbler Way: from Siskin Circle to curve
(park) on south side and on
east side from curve (park) to
Grebe Way.
68. Wilkins Drive: on both sides, from the west
terminus, eastward 350 feet.
69. Lot 4: all of Lot 4, as defined in
POMC 10.12.580, Saturdays
from 5:00 a.m. to 5:00 p.m.,
from April 1st through
October 31st.
SECTION 3. Section 10.12.640 of the Port Orchard Municipal Code is hereby added to
read as follows:
10.12.640 Parking of certain trailers and semi-trailers.
No trailer or semi-trailer shall be parked upon any city street unless the trailer or semi-trailer is
attached to a vehicle by which it may be propelled or drawn. In case of accident, such trailer or
semi-trailer may be moved to the side of the street, and if a good and sufficient red signal is
Page 47 of 130
Ordinance No. ___
Page 10 of 10
displayed at both ends of the trailer or semi-trailer during the hours of darkness, such trailer or
semi-trailer may be permitted or allowed to remain for a period not exceeding twenty-four
hours pending removal, except that such trailer or semi-trailer shall not remain upon any
portion of a city street where standing or parking is limited or prohibited for a period longer
than is necessary to effect its removal.
SECTION 4. Posting Signs. The City Engineer is hereby directed to post the signs as
required and as a result of the amendments to Section 10.12.500, after passage of this
ordinance, before the Effective Date.
SECTION 5. Severability. If any section, subsection, paragraph, sentence, clause, or
phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision
shall not affect the validity of the remaining parts of this ordinance.
SECTION 6. Effective Date. This ordinance shall be in 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 the entire ordinance, as authorized by State Law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the City Clerk in authentication of such passage this 10th day of July, 2018.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, CMC, City Clerk
APPROVED AS TO FORM: SPONSOR:
Sharon Cates, City Attorney Scott Diener, Councilmember
PUBLISHED:
EFFECTIVE DATE:
Page 48 of 130
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Business Item 7B Meeting Date: July 10, 2018
Subject: Adoption of an Ordinance Approving Prepared by: Nicholas Bond, AICP
the 2018 Comprehensive Plan DCD Director
Amendments Atty Routing No.: **
Atty Review Date: 6/12/2018
Issue: Pursuant to the requirements of Chapter 20.04 POMC, the City accepted applications for 2018
amendments to the City’s Comprehensive Plan through January 31, 2018. Three land use map amendments
and two text amendments were submitted by that deadline; all of the amendments except for one (the
Overlook land use map change) were City-initiated. The Planning Commission held a public hearing on June 5,
2018, and recommended that the City Council adopt the 2018 amendment package as submitted. The Council
reviewed the amendment package at its June 17 work-study meeting, and requested that staff place the
ordinance on the July 10 Council agenda for approval.
Site-specific amendments:
• Crawford Rd Amendment: City-initiated amendment to change the comprehensive plan designation and
zoning of 15 lots and one tract (private access road) along Crawford Rd E totaling approximately 2.64 acres,
from Commercial/Commercial to Residential Low/R4.5. This amendment is proposed to address the issues
that have resulted from the single-family houses on Crawford Road being designated as a “nonconforming
use” according to the current Commercial zoning. At present, the property owners cannot improve or expand
the homes, rebuild, or develop a home on an empty lot. There is little incentive to maintain the homes, and
financing for purchase or maintenance needs is difficult because of the nonconformity. The neighborhood has
become a constant code enforcement issue for the City. Given the small lot sizes, and the fact that Crawford
Road is a privately-owned dead-end road with substandard width, it is not anticipated that this area will
redevelop with commercial uses anytime in the near future. It is hoped that if the zoning is changed to reflect
the current single-family residential uses, the property owners will have both the opportunity and incentive to
improve and maintain the existing homes.
At the Planning Commission hearing on June 5, two Crawford Road property owners provided testimony. One
was supportive of the rezone, and one was neutral with concerns about whether the rezone could help
improve the neighborhood.
Page 49 of 130
Business Item 7B
Page 2 of 4
• Old Clifton Rd Amendment: City-initiated amendment to change the comprehensive plan designation
and zoning of 8 parcels along Old Clifton Rd totaling approximately 12.49 acres, from Urban
Industrial/Employment Industrial & Office to Residential High/R20. These parcels that front along Old Clifton
Road are bisected by a stream located in a ravine (Anderson Creek). Access to and use of the east side of the
properties is highly constrained by the creek and its buffers and associated steep slopes, and is not suited to
industrial development. Therefore, the City Council requested that staff prepare an amendment which would
allow these properties to be developed with residential uses, such as apartments, townhomes and other uses
of similar intensity. One property owner provided written testimony supporting the proposed rezone.
• Overlook Apartments Amendment: Requested by Overlook Apartments Phase II, to change the
comprehensive plan designation and zoning of 7 undeveloped parcels at SE Orlando St and Wendell Ave SE
totaling 3.51 acres, from Residential Medium/R12 to Residential High/R20. The Overlook Apartments
developer has requested this change to allow more of the approved apartment project density to be
concentrated on the subject parcels, due to constraints from steep slopes that may result in a need to move
intense development away from these areas on certain parcels to less-constrained areas on other parcels. The
developer does not propose an increase in the total number of units. One adjacent property owner spoke at
the June 5 public hearing about potential access and traffic issues that could result if the project design is
changed; the owner was informed that a redesign to take advantage of the changed zoning will undergo a full
review by the City and will consider potential increased impacts to the surrounding neighborhood.
Text amendments:
• A right-of-way acquisition plan for the Bethel and Sedgwick corridors has been prepared, and is proposed
as an addition to Appendix B of the Comprehensive Plan (Plans Incorporated by Reference).
• The City’s Transportation Improvement Plan has been updated to 2019-2024, and the reference in
Appendix B will be revised accordingly.
• The inventory in the Parks Element of the Comprehensive Plan has been updated to include Rockwell
Pocket Park and the Waterfront Park Expansion, located on the downtown shoreline.
Relationship to Comprehensive Plan: The proposed Comprehensive Plan map and text amendments
implement numerous comprehensive plan policies, including:
Policy LU-5: Ensure land use and development regulations enable a supply of housing units within the city and
adjacent UGA that will accommodate forecasted population growth. Ensure land use and development
regulations enable a supply of commercial retail and office space within the city and adjacent UGA that will
accommodate forecasted employment growth.
Policy LU-8: Provide a variety of housing types and employment opportunities that meet the needs of diverse
socioeconomic interests.
Policy LU-20: Ensure orderly development, concurrency of infrastructure provision, and protection of
environmentally sensitive areas through an effective and predictable permitting process.
Page 50 of 130
Business Item 7B
Page 3 of 4
Policy LU-26: Require adequate transitions between different land uses to mitigate potential negative impacts
of noise, light, and air pollution.
Policy CN-2: Focus future growth in designated, higher intensity areas in an effort to encourage the
preservation of open space and maintain surrounding neighborhood character.
Policy CN-3: Shorten commutes by concentrating housing and employment in strategic locations, which
provides residents opportunities to live and work in the same neighborhood.
Policy CN-6: Balance objectives for accommodating growth, encouraging compatibility, promoting housing
affordability, and offering a wide range of housing types.
Policy HS-2: Support the development of a variety of housing types, including apartments, townhomes,
mixed-use (residential and other uses) and live-work development, small-lot and zero lot line single-family
homes, and manufactured homes, as well as traditional single-family homes, through innovative planning,
efficient and effective administration of land and building codes, and, where available, applicable financial
assistance.
Policy HS-11: Encourage the development of a mix of housing types within walking and bicycling distance of
public schools, parks, transit service, and commercial centers.
Policy PK-5: Preserve environmentally sensitive areas to delineate neighborhood boundaries and create open
space corridors.
Policy NS-8: Ensure that development in geologically hazardous areas occurs in a manner that minimizes
hazard to health or property and minimizes impacts to the natural environment, including stream and
shoreline processes.
Policy NS-12: Protect forested steep slopes and ridgelines designated as geologically hazardous areas.
Policy NS-19 Encourage location of building sites away from steep slopes and breaks in slope.
Policy NS-35: Minimize habitat fragmentation and maximize connectivity of open space corridors when
designating land use and zoning classifications, and reviewing development proposals.
Policy NS-42: Encourage redevelopment of areas within the City that were previously developed but that are
now underutilized or vacant, to promote the highest and best use of existing properties and minimize new
environmental impacts.
Policy CF-11: Maintain an inventory of existing capital facilities owned by public entities.
Policy LU-1 Ensure that land use and zoning regulations maintain and enhance existing single-family
residential neighborhoods, while encouraging that new development provides a mixed range of housing types.
Page 51 of 130
Business Item 7B
Page 4 of 4
Policy LU-2 Limit industrial development to locations accessible from arterials or freeways and discourage
industrial access through residential areas.
Policy LU-26 Require adequate transitions between different land uses to mitigate potential negative impacts
of noise, light, and air pollution.
Recommendation: Staff recommends that the City Council vote to approve an ordinance amending the
Comprehensive Plan as presented.
Motion for consideration: “I move to approve an ordinance adopting the 2018 Comprehensive Plan
amendments as presented.”
Fiscal Impact: This proposal is not expected to impact the City’s budget.
Alternatives: Adopt only some of the proposed amendments; adopt none of the amendments; or revise the
proposed amendments.
Attachments: Ordinance; 2018 Comprehensive Plan Amendment Package (2018 Land Use Map; Revised
Appendix B; Revised Parks Element); Maps of Land Use Amendments; Text Amendments
Page 52 of 130
ORDINANCE NO. _______________
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
RELATING TO THE COMPREHENSIVE PLAN UNDER THE STATE OF
WASHINGTON’S GROWTH MANAGEMENT ACT, CHAPTER 36.70A RCW;
ADOPTING AMENDMENTS TO THE COMPREHENSIVE PLAN LAND USE
MAP; ADOPTING AN AMENDMENT TO THE CITY’S SIX-YEAR
TRANSPORTATION IMPROVEMENT PROGRAM; ADOPTING AN
AMENDMENT TO THE PARKS ELEMENT OF THE PORT ORCHARD
COMPREHENSIVE PLAN; ADOPTING AN AMENDMENT TO APPENDIX B
OF THE PORT ORCHARD COMPREHENSIVE PLAN; PROVIDING FOR
SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE DATE.
WHEREAS, with the passage of the Washington State Growth Management Act in
1990 (GMA), Chapter 36.70A RCW, local governments are required to adopt a
comprehensive plan that outlines strategies to accommodate the needs of a growing
population; and
WHEREAS, in June 1995, the City Council adopted a Comprehensive Plan for the
City of Port Orchard and its urban growth area pursuant to the requirements set forth in
the GMA; and
WHEREAS, the City of Port Orchard completed its most recent periodic update
of its comprehensive plan in June 2016, as required by the GMA; and
WHEREAS, the City may annually adopt amendments to the City’s
Comprehensive Plan pursuant to RCW 36.70A.470 and 36.70A.106; and
WHEREAS, the City initiated and received submittals for Land Use Map
amendments and text amendments by the required deadline date of January 31, 2018;
and
WHEREAS, the Land Use Map amendment submittals include proposed revisions
to the land use designations of 15 lots and one tract (private access road) along
Crawford Road E (Crawford Road Amendment), 8 parcels along Old Clifton Road (Old
Clifton Road Amendment), and 7 parcels at SE Orlando Street and Wendell Avenue SE
(Overlook Apartments Amendment); and
WHEREAS, the text amendment submittal proposes revisions and updates to the
City’s transportation improvement program (TIP), the Parks Element of the
Comprehensive Plan, and Appendix B of the Comprehensive Plan; and
WHEREAS, on April 9, 2018, notice of the proposed amendments to the City’s
Page 53 of 130
Ordinance No. _________
Page 2 of 4
Comprehensive Plan was sent to the Washington State Department of Community, Trade,
and Economic Development at least sixty days before the amendments were adopted, in
accordance with RCW 36.70A.106; and
WHEREAS, on April 13, 2018, notice of the proposed amendments was mailed to
all property owners whose properties were proposed to have their land use designations
amended on the Comprehensive Plan Land Use Map, and also to all property owners
whose properties were located within 300 feet of the properties proposed for land use
designation amendments; and
WHEREAS, on April 27, 2018, a SEPA Determination of Non-Significance was
issued, and provided to the public, agencies and other interested parties in accordance
with the requirements of POMC Chapter 20.04.080, and published in the newspaper and
on the City website, and emailed to the Washington Department of Ecology; and
WHEREAS, on May 22, 2018, a Notice of Hearing for a public hearing to be held by
the Planning Commission on the proposed 2018 Comprehensive Plan amendments was
mailed to all property owners whose properties were proposed to have their land use
designations amended on the Comprehensive Plan Land Use Map, and also to all property
owners whose properties were located within 300 feet of the properties proposed for
land use designation amendments; and,
WHEREAS, on May 25, 2018, the Notice of Hearing was published in the City’s
newspaper of record, and the notice was provided to the public, agencies and other
interested parties in accordance with the requirements of POMC Chapter 20.04.080; and
WHEREAS, on June 5, 2018, the Planning Commission held a public hearing on the
2018 Comprehensive Plan amendments, and voted unanimously to recommended
approval of the amendments to City Council; and
WHEREAS, on June 19, 2018, the City Council held a public work-study meeting to
review the 2018 Comprehensive Plan amendments and consider the recommendation of
the Planning Commission; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION 1. The City Council hereby adopts the above recitals as findings in support
of this Ordinance.
SECTION 2. The City Council finds that the amendments adopted by this Ordinance
are consistent with the goals and policies of the City’s adopted 2016 Comprehensive Plan and are
consistent with the state Growth Management Act and other applicable law.
Page 54 of 130
Ordinance No. _________
Page 3 of 4
SECTION 3. The City Council finds that the amendments adopted by this Ordinance will
not, individually or cumulatively, result in adverse effects to the public health, safety or welfare.
SECTION 4. The City Council finds that no adverse impacts to the environment are
anticipated to result from the amendments adopted by this Ordinance.
SECTION 5. The City Council finds that the amendments adopted by this Ordinance
are consistent with the land uses and growth projects which were the basis of the adopted
Comprehensive Plan, are compatible with neighboring land uses and surrounding
neighborhoods, and are not anticipated to cause adverse impacts to public services or facilities.
SECTION 6. In accordance with the above described Findings and Conclusions, the
City Council hereby amends the text and maps of the Port Orchard Comprehensive Plan by
approving and adopting the 2018 amendments to the Port Orchard Comprehensive Plan,
including the revised Land Use Map.
SECTION 7. The City Council authorizes the Community Development Director to make
revisions to the City’s adopted Zoning Map for consistency with the Comprehensive Plan Land
Use Map, to be adopted by a separate contemporaneous ordinance.
SECTION 87. If any sentence, section, provision, or clause of this Ordinance or its
application to any person, entity or circumstance is for any reason held invalid or
unconstitutional, the remainder of the Ordinance, or the application of the provision to other
persons, entities, or circumstances is not affected.
SECTION 98. This Ordinance shall be in 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
the entire Ordinance, as authorized by state law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 10th day of July 2018.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, MMC, City Clerk
Page 55 of 130
Ordinance No. _________
Page 4 of 4
APPROVED AS TO FORM: Sponsored by:
Sharon Cates, City Attorney Scott Diener, Councilmember
PUBLISHED:
EFFECTIVE DATE:
Page 56 of 130
BETHEL RD SERAMSEY RD SESE SALMONBERRY RD
SE BLUEBERRY RDREDEMPTION AVE SECORONET PL SESE BELFORD LNRHAPSODY DR SE
ANDASIO LOOP SESE CRAWFORD RD THIMBLEBERRY PL SESE SALMONBERRY RD
Crawford Road Amendment AreaProposed Change from Commercial to Residential Low (R4.5)
±
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Page 57 of 130
BETHEL RD SESE SALMONBERRY RD
SE CRAWFORD RD THIMBLEBERRY PL SESE SALMONBERRY RD
Crawford Road Amendment AreaProposed Change from Commercial to Residential Low (R4.5)
±
Crawford Rd Parcels
Page 58 of 130
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Page 59 of 130
SW OLD CLIFTON RDSW
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Old Clifton Road Amendment AreaProposed Change from Urban Industrial to Residential High (R20)
±
Subject Parcels
Page 60 of 130
SE MILE HILL DR
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OLNEY AVE SELIDSTROM RD SESE LOVELL STWHITTIER AVE SEORLANDO ST
SE MAPLE ST RUSSELL AVE SEE CALI
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Overlook Apartments Amendment AreaProposed Change from Residential Medium (R12) to Residential High (R20)
±
Selected Parcels
CF
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Page 61 of 130
SE MILE HILL DROLNEY AVE SEWHITTIER AVE SESE HORSTMAN RD
SE LOVELL ST
ORLANDO ST
RUSSELL AVE SEHOLMES AVE SESE ORLANDO ST
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COURAGE CT SEGLENMORE LOOPOverlook Apartments Amendment AreaProposed Change from Residential Medium (R12) to Residential High (R20)
±
Selected Parcels
Page 62 of 130
4.4 Existing Conditions
Port Orchard is a community which provides a full range of parks, recreation, open space, and ecosystem
services by protecting native wildlife habitat, restoring and preserving natural systems, enjoying majestic
marine and mountain views, and ensuring new development enhances the natural environment. The
existing City parks system is supplemented by the schools of the South Kitsap School District, and the
Kitsap County Parks and Recreation Department.
Current Parks Facilities
Park Name Size Facilities
Van Zee 8.3 Acres Picnic Areas and shelters, trails, two baseball diamonds, playground,
sports field, lighted tennis courts, horseshoe court, restroom
Central/Clayton
Park
1.4 Acres Picnic tables, playground, sports field, basketball court, picnic shelter
Givens Field 6.7 Acres 2 Baseball Diamonds (under lease, not available for public use),
lighted tennis courts, lighted horseshoe courts, restrooms, picnic
area, playground, Active Club
Lundberg Park 4.8 Acres Not open to the public, no facilities
Paul Powers, Jr.
Park
3.75 Acres Field, playground, basketball court
Boat Ramp 0.3 Acres Municipal boat ramp, restroom, parking
DeKalb Pedestrian
Pier
4.1 Acres 169 feet of pier, 359 feet of floats, picnic tables
Etta Turner Park 0.6 Acres Gazebo, benches, view of Sinclair Inlet, trail connection
McCormick Village
Park
28.6 Acres Trails, restrooms
Seattle Ave
Waterway
Property
1.88 Acres
*tidelands
included
Trail connection
Waterfront Park 1.9 Acres Sidewalks, picnic table, bench, viewing platform
Waterfront Park
Expansion
.5 acre Trail connection, farmers market area, viewing and picnic areas,
public restroom
Westbay
Easements
N/A Trail connection, beach access
Rockwell Park .29 acre (not
including
tidelands)
Trail connection, beach access, picnic and viewing areas, small boat
launch
Bethel South
Property
5.3 Acres Not open to the public, no facilities
Page 63 of 130
Appendix B: Plans Adopted by Reference
Appendix B-1 Port Orchard Comprehensive Plan Final: June 2016 Revised: ** 2018
PLAN OR DOCUMENT
South Kitsap School District 2014-2019 Capital Facilities Plan
West Sound Utility District / Joint Wastewater Treatment Facility 2009 Capital Facilities Plan
West Sound Utility District 2007 Sewer Plan
West Sound Utility District 2013 Water Plan
Kitsap County 2003 South Kitsap UGA/ULID#6 Sub-Area Plan & EIS
Kitsap County 2012 Port Orchard/South Kitsap Sub-Area Plan
2016 Kitsap County Comprehensive Plan 10-Year Update
City of Port Orchard 1987 Blackjack Creek Comprehensive Management Plan
City of Port Orchard 1994 Ross Creek Comprehensive Management Plan
City of Port Orchard 2005 Economic Development Plan
City of Port Orchard 2010 McCormick Village Park Plan
City of Port Orchard 2012 Shoreline Master Program
City of Port Orchard 2013 Public Art Program
City of Port Orchard 2014 – 2020 Capital Facilities Plan
City of Port Orchard 2015 Water System Plan
City of Port Orchard 2015 Comprehensive Sanitary Sewer Plan Update
City of Port Orchard 2016 Transportation Plan Update
City of Port Orchard 2016 Comprehensive Parks Plan
City of Port Orchard 2016 Transportation Impact Fee Project List
City of Port Orchard 2018-2023 2019-2024 – 6 Year Transportation Improvement Plan
City of Port Orchard Bethel/Sedgwick Right-of-Way Acquisition Plan
Page 64 of 130
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Commercial
Greenbelt
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Urban Industrial
Low Density Residential
Medium Density Residential
Public and Community Spaces
Urban Growth Area
Port Orchard UGA
0 1,100 2,200 3,300 4,400550
Feet
City of Port Orchard Department of Community Development
216 Prospect Street, Port Orchard, WA 98366
Phone: (360) 874-5533 Fax: (360) 876-4980
www.cityofportorchard.us
This map was created from existing map sources,
not from field surveys. While great care was taken
in using the most current map sources available,
no warranties of any sort, including accuracy, fitness,
or merchantability accompany this product. The user
of this map assumes responsibility for determining its
suitability for its intended use.
This map is not a substitute for field survey.
City of Port Orchard2018 Comprehensive Plan Map
June 26, 2018Page 65 of 130
This Page Intentionally Left Blank
Page 66 of 130
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Business Item 7C Meeting Date: July 10, 2018
Subject: Adoption of an Ordinance Adopting the Prepared by: Nicholas Bond, AICP
2018 Zoning Map DCD Director
Atty Routing No.: **
Atty Review Date: 6/12/2018
Issue: As part of the 2018 Comprehensive Plan update, the City proposed revisions to the Land Use Map
designations of 31 properties (Crawford Road Amendment, Old Clifton Road Amendment, Overlook
Amendment). Zoning map changes were proposed in conjunction with these land use map amendments to
implement the amended Comprehensive Plan. State law requires that the City’s development regulations
be consistent with the Comprehensive Plan. The attached ordinance amends the City’s official zoning map
to implement the comprehensive plan as amended.
The land use and zoning revisions were reviewed by the Planning Commission on June 5, 2018, and a public
hearing was also held on that date. The Commission voted to recommend approval of the 2018 land use and
zoning amendments as submitted.
Relationship to Comprehensive Plan: Per RCW 35A.63.105, the City’s development regulations, which
include the zoning ordinance and Zoning Map, must be consistent with the City’s Comprehensive Plan.
Recommendation: Staff recommends that the City Council vote to approve an ordinance adopting the 2018
Zoning Map as presented.
Motion for consideration: “I move to approve an ordinance adopting the 2018 Zoning Map as presented.”
Fiscal Impact: This proposal is not expected to impact the City’s budget.
Alternatives: The Zoning Map must be consistent with the Comprehensive Plan’s Land Use Map; therefore,
any alternative to adoption of the Zoning Map as presented may be approved only if corresponding changes
are made to the proposed 2018 Comprehensive Plan adoption ordinance and Land Use Map.
Attachments: Ordinance; 2018 Zoning Map
Page 67 of 130
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Page 68 of 130
ORDINANCE NO. _________
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
RELATING TO ADOPTION OF THE CITY’S 2018 ZONING MAP; PROVIDING
FOR SEVERABILITY AND PUBLICATION; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, on July 10, 2018, the Port Orchard City Council (the “City Council”) approved
amendments to the 2016 Comprehensive Plan as amended in 2017; and
WHEREAS, state law requires that the City’s Zoning Map be consistent with the City’s
Comprehensive Plan; and
WHEREAS, on November 14, 2017, the City Council adopted an updated Zoning Map, in
which certain unsubdivided areas (Eldon Trails) within the McCormick Woods master plan
development were assigned “proposed” zoning boundaries on the Zoning Map, based upon the
estimated location of future lots and street rights-of-way; and
WHEREAS, Chapter 20.30 of the Port Orchard Municipal Code (“POMC”) indicates that
zone boundaries shall be determined by actual street right-of-way boundaries and lot lines; and
WHEREAS, the Eldon Trails parcels in McCormick Woods now have recorded subdivisions
showing the final locations of the subdivided lots and street rights-of-way; and
WHEREAS, the 2017 Eldon Trails zoning boundaries have been revised to show the final
zoning boundaries, to maintain accuracy of the Zoning Map and to comply with Chapter 20.30
POMC; and
WHEREAS, on April 9, 2018, notice of proposed Zoning Map and Comprehensive Plan
amendments was sent to the Washington State Department of Community, Trade, and Economic
Development at least sixty days before the amendments were adopted, in accordance with RCW
36.70A.106; and
WHEREAS, on April 27, 2018, the City’s SEPA official issued a Determination of Non-
Significance for the proposed Zoning Map and Comprehensive Plan amendments, and there have
been no appeals; and
WHEREAS, on June 5, 2018, the Planning Commission held a public hearing on the
proposed Zoning Map and Comprehensive Plan amendments, and public testimony was received;
and the Planning Commission voted unanimously to recommended approval of the proposed
amendments to City Council; and
WHEREAS, on July 10, 2018, the City Council voted to adopt the proposed Comprehensive
Page 69 of 130
Ordinance No. ______
Page 2 of 3
Plan amendments, and authorized the Community Development Director to update the City’s
Zoning Map; and
WHEREAS, the City Council finds that the updated 2018 Zoning Map is consistent with
and implements the 2016 Comprehensive Plan as amended; NOW, THEREFORE
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. Findings. The City Council hereby adopts the above recitals as findings in
support of this Ordinance.
SECTION 2. Zoning Map Adopted. The City Council hereby adopts the 2018 Zoning
Map as attached hereto, as Exhibit A.
SECTION 3. Severability. If any sentence, section, provision, or clause of this Ordinance
or its application to any person, entity or circumstance is for any reason held invalid or
unconstitutional, the remainder of the Ordinance, or the application of the provision to other
persons, entities, or circumstances is not affected.
SECTION 4. Effective Date. This Ordinance shall be in full force and effect five (5) days
after posting and publication as required by law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 10th day of July 2018.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, MMC, City Clerk
APPROVED AS TO FORM: Sponsored by:
Sharon Cates, City Attorney Scott Diener, Councilmember
PUBLISHED:
EFFECTIVE DATE:
Page 70 of 130
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SCHWEITZERDistrict
Greenbelt
Residential: 4.5 units/acre
Residential: 8 units/acre
R8MWD
Residential: 12 units/acre
Residential: 20 units/acre
Business Professional I
Business Professional II
Mixed Use
Commercial
Community Facilities
Employment Industrial/Office
Residential Mobile Home Park
Urban Growth Area
Port Orchard UGA
0 1,100 2,200 3,300 4,400550
Feet
City of Port Orchard Department of Community Development
216 Prospect Street, Port Orchard, WA 98366
Phone: (360) 874-5533 Fax: (360) 876-4980
www.cityofportorchard.us
This map was created from existing map sources,
not from field surveys. While great care was taken
in using the most current map sources available,
no warranties of any sort, including accuracy, fitness,
or merchantability accompany this product. The user
of this map assumes responsibility for determining its
suitability for its intended use.
This map is not a substitute for field survey.
City of Port Orchard2018 Zoning Map
City of Port Orchard Official Zoning Map as adopted
by Ordinance _____ -18 on ____________, 2018.
_____________________
Robert Putaansuu, Mayor
ATTEST:
____________________________
Brandy Rinearson, MMC, City Clerk
APPROVED AS TO FORM:
______________________
Sharon Cates, City Attorney
Sponsored by:
_______________________
Scott Diener, Councilmember
PUBLISHED:
EFFECTIVE DATE:Page 71 of 130
This Page Intentionally Left Blank
Page 72 of 130
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Business Item 7D Meeting Date: July 10, 2018
Subject: Approval of 640 Bay Street Property Prepared by: Nicholas Bond, AICP
Purchase and Sale Agreement DCD Director
Atty Routing No.: **
Atty Review Date: 6/27/2018
Issue: On November 14, 2017, the City Council voted to declare the City-owned property known as 640 Bay
Street as surplus to the needs of the City. On November 17, 2017, the City issued a request for proposals
(RFP) seeking the sale and redevelopment of the 640 Bay Street property. This RFP was posed in multiple
newspapers and on the City’s website. One proposal for the purchase and redevelopment of 640 Bay Street
was submitted by the submittal deadline of January 12. On February 13, 2018, the City Council passed
Resolution 006-18, declaring the proposal by Waterman Investment Partners LLC to be the winning proposal
under the RFP. The City Council instructed the Mayor to negotiate a purchase and sale agreement providing
for the sale and redevelopment of the property. On April 16, 2018, the City Council approved contract 034-18
with Gary Anderson to prepare a broker’s price opinion indicating the value for 640 Bay Street to be $219,534.
The attached purchase and sale agreement is the product of a months-long negotiation between the City and
Waterman Investment Partners LLC. The purchase and sale agreement provide for a payment of $150,000 to
the City plus a contingency that the buyer enter into a development agreement with the City to provide
additional valuable consideration including but not limited to:
Item Description Cost
1 Frederick Hill Climb (Construct a plaza/staircase in the Frederick
Avenue ROW between Bay Street and Prospect Street)
$101,900.00
2 Water main replacement within the Frederick and Prospect ROW
(Continuous weld HDPE, minimum 200 feet in length, connecting
mains/utility crossings in Bay Street and Prospect Street)
$35,905.00
3 Sidewalk improvements for ADA accessibility between 640 Bay
Street and the Bay Street Pedestrian Pathway
$38,230.00
4 Public Plaza @ Prospect (minimum 400 square feet) $16,850.00
Totals $192,885.00
Recommendation: Staff recommends that the City Council vote to approve the purchase and sale agreement
for the 640 Bay Street property as presented.
Relationship to Comprehensive Plan: N/A
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Business Item 7D
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Motion for consideration: “I move to approve the purchase and sale agreement for the 640 Bay Street
property as presented.”
Fiscal Impact: The City will be compensated $150,000 in cash at closing. In addition, Waterman Investment
Partners LLC has provided a contractual commitment for the construction of public improvements worth at
least $192,885.
Alternatives: Do not approve the purchase and sale agreement.
Attachments: Purchase and Sale Agreement; Resolution 006-18 (declaring Waterman Investment Partners
Proposal as the winning proposal under the RFP, and authorizing the mayor to execute a purchase and sale
agreement); November 17, 2018 RFP for 640 Bay Street; Resolution 061-17 (declaring 640 Bay Street as
surplus); Broker’s price opinion for 640 Bay Street.
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RESOLUTION NO. ________________
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE A PURCHASE AND SALE AGREEMENT BETWEEN THE
CITY AND WATERMAN INVESTMENT PARTNERS, LLC FOR THE PROPERTY KNOWN
AS 640 BAY STREET.
WHEREAS, on November 14, 2017, the City Council voted to approve Resolution 061-17
declaring 640 Bay Street as Surplus to the needs of the City and authorized its sale; and
WHEREAS, on November 17, 2017 the City issued a Request for Proposals (RFP) for the
sale and redevelopment of the 640 Bay Street property; and
WHEREAS, this RFP was advertised in several newspapers and on the City’s website; and
WHEREAS, one proposal for the purchase and redevelopment of the 640 Bay Street
property was received by the January 12, 2018 submittal deadline; and
WHEREAS, on February 13, 2018, the City Council passed Resolution 006-18 declaring
the Waterman Investment Partners LLC proposal to be the winning proposal in response to the
RFP; and
WHEREAS, the City obtained a broker’s price opinion indicating the Value of 640 Bay
Street to be $219,534, and
WHEREAS, the attached purchase and sale agreement provides valuable consideration
consisting of a cash payment to the city and voluntary public improvements totaling $342,885,
now, therefore;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
1. Recitals. The recitals set forth above are hereby incorporated by reference as if set
forth fully herein.
2. Authorization. The City Council hereby authorizes the Mayor to execute the
purchase and sale agreement between the City and Waterman Investment Partners,
LLC as attached hereto for the purchase of the property known as 640 Bay Street.
3. Effective Date. This Resolution shall take effect immediately upon its passage.
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Resolution No. 0**-18
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PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the City Clerk in authentication of such passage this 10th day of July 2018.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, MMC, City Clerk
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REAL ESTATE PURCHASE AND SALE AGREEMENT
This REAL ESTATE PURCHASE AND SALE AGREEMENT (“Agreement”) is
entered into by and between Waterman Investment Partners, LLC, a Washington limited
liability company, its successors or assigns (“Buyer”) and the City of Port Orchard, a
Washington municipal corporation, its successors or assigns (“Seller”), as of the date appearing
in the last paragraph of this Agreement (“Effective Date”). Buyer and Seller may hereafter be
known individually as “Party” and collectively as “Parties.”
RECITALS
A. Seller owns certain real property in Port Orchard, Kitsap County, Washington, more
particularly described in Exhibit A and depicted in Exhibit B attached hereto (the
“Property”).
B. Seller advertised a Request for Proposals (“RFP”) for the purchase and
redevelopment of the Property.
C. Buyer submitted the winning proposal (“Proposal”) for the purchase and
redevelopment of the Property, which is located in downtown Port Orchard.
D. The parties agree that the acquisition of the Property is the first step in the
redevelopment of the Property and that Buyer shall be required to undertake a Mixed-
Use Pilot Program (“MUPP”) redevelopment project, substantially as set forth in the
Buyer’s Proposal.
E. Seller desires to sell the Property (as defined herein) to Buyer, and Buyer desires to
purchase the Property from Seller on the terms and conditions set forth in this
Agreement.
F. The parties agree that the purchase price for the Property shall be a combination of
U.S. funds and other valuable consideration conferred on the City as a direct result of
the development of the Property.
NOW, THEREFORE, intending to be legally bound, for good and valuable
consideration, including the mutual covenants and promises of the Parties, the adequacy and
receipt of which is hereby acknowledged, the Parties agree as follows:
1. Property. Seller agrees to sell and convey to Buyer and Buyer agrees to purchase from
Seller, subject to the terms and conditions set forth in this Agreement, the following:
1.1 Land. That certain parcel of real property located in the City of Port
Orchard, Kitsap County, Washington, more particularly described in Exhibit A attached to this
Agreement, together with all mineral, oil, gas, hydrocarbon substances, development rights, air
rights, water rights, and water stock owned by Seller relating to the real property; all easements and
rights of way owned by Seller that are appurtenant to the real property or any improvements on the
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real property, and any appurtenance, or the operation, use or enjoyment of any of the foregoing, all
rights of Seller in and to streets, sidewalks, alleys, driveways, parking areas, and areas adjacent
thereto or used in connection therewith and any land lying in the bed of any existing or proposed
street adjacent to such land (collectively the “Land”);
1.2 Improvements. Any and all fixtures, structures, landscaping, and other
improvements located upon the Land (the “Improvements”);
1.3 Plans, Permits and Contracts. All surveys of, and environmental reports
with respect to, the Real Property; all plans, specifications, engineering drawings, and prints relating
either to the construction of the Improvements or to future development and expansion of existing
Improvements (the “Plans”); all licenses and permits pertaining to the Property, to the extent
assignable, (the “Permits”); and all warranties upon the Improvements and Personal Property; all
service, maintenance, management and operating agreements affecting the Property (to the extent
Buyer elects to assume such) (the “Contracts”).
The Land and Improvements that constitute real property are collectively referred to in this
Agreement as the “Real Property.” All of the property described in this Section 1, both real and
personal, is collectively referred to in this Agreement as the “Property.”
2. Deposit; Purchase Price.
2.1 Deposit. Within five (5) business days after the date on which the last
party executes this Agreement (the “Effective Date”), Buyer shall execute and deliver to Land
Title Company of Kitsap in Port Orchard, Washington (“Title Company”), as escrow agent for
the closing of this transaction, a promissory note (the “Earnest Money Note”) in the amount of
Fifteen Thousand Dollars ($15,000.00). The Earnest Money Note will be converted to cash upon
the expiration of the Due Diligence Period (as defined in Section 5.2.1) (the “Deposit”) and will
be paid or delivered as earnest money (the “Earnest Money”) in part payment for the purchase
price of the Property. The Deposit will be held by Title Company for the benefit of the parties
pursuant to the terms of this Agreement. Interest will accrue on the Deposit for the benefit of
Buyer; provided, however, if Buyer forfeits the Deposit to Seller pursuant to the terms of this
Agreement, then all interest accrued on the Deposit will be paid to Seller.
2.2 Purchase price. The purchase price for the Property (the “Purchase
Price”) includes a One Hundred Fifty Thousand Dollar ($150,000.00) cash payment, of which
the Earnest Money is a part, plus other valuable consideration in the form of economic, public
and other benefits as agreed to between the parties in a separate development agreement, for a
total purchase price of Two Hundred Seventy Six Thousand Six Hundred Ninety Four
Dollars ($276,694.00). The One Hundred Fifty Thousand Dollar ($150,000.00) cash payment,
including the Earnest Money, will be paid by the Buyer to the Seller in cash through escrow at
closing.
3. Title to Real Property.
3.1 Conveyance. At closing, Seller shall convey to Buyer fee simple title to
the Real Property by duly executed and acknowledged statutory warranty deed (the “Deed”), free
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and clear of all defects and encumbrances and subject only to those exceptions that Buyer
approves pursuant to Section 3.2 below (the “Permitted Exceptions”).
3.2 Preliminary commitment. Buyer shall order a preliminary commitment
for an owner’s standard coverage policy of title insurance (or, at Buyer’s election, an owner’s
extended coverage policy of title insurance) in the amount of the Purchase Price to be issued by
Title Company and accompanied by copies of all documents referred to in the commitment (the
“Preliminary Commitment”). Buyer shall advise Seller by written notice what exceptions to
title, if any, are disapproved by Buyer (“Disapproved Exceptions”) within fifteen (15) days of
receipt of the Preliminary Commitment and legible copies of all exceptions to title shown in the
Preliminary Commitment. All monetary encumbrances other than non-delinquent ad valorem
property taxes will be deemed to be disapproved. Seller will have ten (10) days after receipt of
Buyer’s notice to give Buyer notice that (i) Seller will remove Disapproved Exceptions or (ii)
Seller elects not to remove Disapproved Exceptions. If Seller fails to give Buyer notice before
the expiration of the ten (10) day period, Seller will be deemed to have elected not to remove
Disapproved Exceptions. Notwithstanding anything to the contrary in this Agreement, Seller
shall remove from title on or before the Closing Date all monetary encumbrances other than
those approved by Buyer.
If Seller elects not to remove any nonmonetary Disapproved Exemptions, Buyer will
have until the expiration of the Due Diligence Period to notify Seller of Buyer’s election either to
proceed with the purchase and take the Property subject to those exceptions, or to terminate this
Agreement. If Seller gives notice that it will cause one or more nonmonetary exceptions to be
removed but fails to remove any of them from title on or before the Closing Date, Buyer will
have the right to either (i) elect to terminate this Agreement by written notice to Seller or (ii)
proceed with the purchase, with an abatement of the Purchase Price equal to the actual cost of
removing from title those exceptions not approved by Buyer, and to take the Property subject to
those exceptions.
If the Title Company issues a supplement to the Preliminary Commitment, the procedure
set forth in this Section 3.2 will apply to such supplement, except that Buyer will have seven (7)
days to notify Seller of its disapproval of any new exceptions, and Seller will have five (5) days
to give Buyer notice that Seller will either remove or not remove any new Disapproved
Exceptions. If Buyer elects to terminate this Agreement under this Section 3.2, the escrow will
be terminated, the Deposit must be returned immediately to Buyer, all documents and other
funds will be returned to the Party who deposited them, and neither party will have any further
rights or obligations under this Agreement except as otherwise provided in this Agreement. If
this Agreement is terminated through no fault of Seller, then Seller and Buyer shall share equally
any costs of terminating the escrow and any cancellation fee for the Preliminary Commitment.
3.3 Title policy. Seller shall cause Title Company to issue to Buyer at closing
an extended coverage owner’s policy of title insurance (or, at Buyer’s election, an owner’s
standard coverage policy of insurance) insuring Buyer’s title to the Real Property in the full
amount of the Purchase Price subject only to the Permitted Exceptions (the “Title Policy”). The
Title Policy must be dated as of the Closing Date.
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4. Conditions to Closing.
4.1 Development Agreement. The parties agree that closing may take place
only upon the execution of a development agreement (“Development Agreement”) between the
parties for the development of the Property. The Development Agreement must demonstrate the
One Hundred Twenty Six Thousand Six Hundred Ninety Four Dollars ($126,694.00) in other
valuable consideration contemplated in the purchase price for the Property. If the Development
Agreement fails to demonstrate this entire amount, Buyer shall pay to Seller the difference in
cash at closing.
4.2 Due diligence materials. Seller shall provide to Buyer, or make available
to Buyer for inspection, as soon as possible (but in any event no later than thirty (30) days after
the Effective Date) all materials specified in this Section 4.1 that exist and that are in Seller’s
actual possession or that Seller knows exist and to which Seller has access (collectively, the
“Due Diligence Materials”). If Seller thereafter discovers any additional items that should have
been included among the Due Diligence Materials, Seller shall promptly deliver them to Buyer.
Due Diligence Materials will include:
(a) copies of any existing and proposed easements, covenants,
restrictions, agreements or other documents that, to Seller’s knowledge, affect title to the Real
Property and that are not disclosed by the Preliminary Commitment;
(b) all surveys, plats or plans relating to the Real Property;
(c) all warranties and guarantees affecting any portion of the Property;
(d) notice of any existing or threatened litigation affecting or relating
to the Property and copies of any pleadings with respect to that litigation;
(e) all issued Permits that the seller possesses; and
(f) (i) all environmental assessment reports with respect to the Real
Property that were performed or are being performed by or for Seller, (ii) any raw data that
relates to the environmental condition of the Real Property, (iii) any governmental
correspondence, orders, requests for information or action and other legal documents that relate
to the presence of Hazardous Material (as defined in Section 10.1.2) on, in or under the Real
Property, and (iv) any other information material to the environmental condition or potential
contamination of the Real Property.
5. Due Diligence.
5.1 Due diligence period. On or before November 30, 2018 (the “Due
Diligence Period”), Buyer shall conduct a review with respect to the Property and satisfy itself
with respect to the condition of and other matters related to the Property and its suitability for
Buyer’s intended use (the “Due Diligence”).
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The Due Diligence may include all inspections and studies Buyer deems
necessary or desirable, in its sole discretion. Buyer and Buyer’s agents, representatives,
consultants, architects and engineers will have the right, from time to time, from and after the
date of this Agreement to enter onto the Real Property and make borings, drive test piles and
conduct any other tests and studies that may be necessary or desirable to ascertain the condition
and suitability of the Real Property for Buyer’s intended use. Buyer shall protect, defend and
indemnify Seller from and against any construction or other liens or encumbrances arising out of
or in connection with its exercise of this right of entry and shall cause any such liens or
encumbrances to be promptly released. Buyer shall provide 48 hours notice of any proposed
onsite exploration, including geotechnical exploration. All exploration shall be at buyers expense
and shall include restoration of any onsite disturbance.
5.2 Termination of agreement. Buyer will have the right to terminate this
Agreement if, in Buyer’s good faith judgment, the Real Property is not suitable for Buyer’s
intended use or does not meet Buyer’s intended investment objectives. Buyer’s right to terminate
must be exercised by delivering written notice of its election to Seller on or before the expiration
of the Due Diligence Period. In the event Buyer does not complete the purchase, Buyer shall
return the Real Property as near as is practicable to its original condition. If Buyer terminates this
Agreement pursuant to this Section 5.2, the Deposit will be returned to Buyer, this Agreement
will terminate, and Seller and Buyer will be released from all further obligation or liability
hereunder, except as otherwise specified by this Agreement.
5.3 Buyer’s contingencies. Buyer’s obligation to purchase the Property is
expressly contingent upon the following:
5.3.1. Due Diligence. Buyer’s approval, prior to expiration of the Due
Diligence Period, of the suitability of the Property as a result of the Due Diligence;
5.3.2. Appraisal. Buyer’s review and approval, prior to expiration of the
Due Diligence Period, of the appraisal of the Property to support the purchase price;
5.3.3. Environmental condition. Buyer’s approval, prior to expiration
of the Due Diligence Period, of the environmental condition of the Real Property pursuant to
Section 10.4;
5.3.4. Title Policy. Buyer’s receipt of Title Company’s firm
commitment to issue, upon closing, the Title Policy as described in Section 3;
5.3.5. Representations and warranties. All of Seller’s representations
and warranties contained in or made pursuant to this Agreement being true and correct when
made, and as of the Closing Date;
5.3.6. Seller’s compliance. Seller’s timely performance of all of its
obligations under this Agreement; provided, however, that Seller will be given notice of any
failure on its part to perform obligations pursuant to Seller’s warranties made in Section 9.1 and
those obligations required of it during the Due Diligence Period, and will have a period of time
that is reasonable under the circumstance to cure its nonperformance; and
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The foregoing conditions are collectively referred to in this Agreement as
“Buyer’s Contingencies.”
5.4. Satisfaction/waiver of buyer’s contingencies. Buyer’s Contingencies
are solely for the benefit of Buyer. If any of Buyer’s Contingencies are not timely satisfied,
Buyer will have the right at its sole election either to waive any of them in writing and proceed
with the purchase or to terminate this Agreement. If Buyer elects to terminate this Agreement,
the escrow will be terminated, the Deposit must immediately be returned to Buyer, all documents
and other funds will be returned to the party who deposited them, and neither party will have any
further rights or obligations under this Agreement, except as otherwise provided in this
Agreement, and except that each party shall pay one-half (1/2) of the cost of terminating the
escrow.
5.5. Seller’s contingency. The Seller’s obligation to sell the Property to the
Buyer is expressly contingent upon the Buyer’s entry into the Development Agreement with the
Seller for the redevelopment of the Property as part of the City of Port Orchard’s MUPP, to
include substantially the terms set forth in the Buyer’s Proposal submitted in response to the
Seller’s RFP. The Development Agreement will document the additional consideration to be
conveyed by the Buyer to the Seller in the form of economic, public and other benefits, which is
an essential element of the purchase price of the Property.
5.5.1 The Development Agreement must include an agreement by Buyer to, at a
minimum:
5.5.1.1 Submit a building permit application to develop a mixed use
building pursuant to the MUPP, which the Seller will authorize the Buyer to do on
behalf of the “owner” of the Property before closing; and
5.5.1.2 Begin construction on the MUPP redevelopment project within
thirty (30) months of the execution of this Purchase and Sale Agreement; and
5.5.1.3 Develop a mixed-use building containing a minimum of 8,000
square feet of commercial/library space and 30 dwelling units, which is in
compliance with MUPP requirements and the City of Port Orchard Design
Standards; and
5.5.1.4 Reconstruct all sidewalks along the 640 Bay Street property
frontages; and
5.5.1.5 Reconstruct any sidewalks or sidewalk ramps required to provide
continuous 6 foot wide sidewalks and crosswalks meeting ADA access standards
between the 640 Bay Street property and either the Port Orchard foot ferry dock
or the Bay Street Pedestrian Path; and
5.5.1.6 Construct the following improvements at a minimum cost to the
Buyer as follows:
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Item Description Cost
1 Frederick Hill Climb (Construct a plaza/staircase in
the Frederick ROW between Bay Street and Prospect
Street)
$101,900.00
2 Water Main Replacement within the Frederick and
Prospect ROW (Continuous weld HDPE minimum
200 feet in length connecting mains/utility crossings in
Bay Street and Prospect Street)
35,905.00
3 Sidewalk (ADA accessibility) improvements between
640 Bay Street and the Bay Street Pedestrian Pathway
38,230.00
4 Public Plaza @ Prospect (minimum 400 square feet) $16,850.00
Totals $192,885.00
5.5.2 The Development Agreement shall additionally stipulate the following:
5.5.2.1 The City shall grant no impact fee credits (School, fire,
transportation, or parks) related to the previous use or building at 640 Bay Street.
5.5.2.2 The City shall recognize the value of the previous water and
sewer utility connections providing water and sewer service to the previous
building located at this site.
5.5.3 The Development Agreement may allow for the expansion of the project
onto contiguous properties.
5.6. Satisfaction/waiver of Seller’s contingency. This Seller’s contingency is
solely for the benefit of the Seller. If this contingency is not timely satisfied, or if the Port
Orchard City Council fails to approve the Development Agreement, Seller will have the right at
its sole election either to waive the contingency in writing and proceed with the purchase or to
terminate this Agreement. If Seller elects to terminate this Agreement, the escrow will be
terminated, the Deposit must immediately be returned to Buyer, all documents and other funds
will be returned to the party who deposited them, and neither party will have any further rights or
obligations under this Agreement, except as otherwise provided in this Agreement, and except
that each party shall pay one-half (1/2) of the cost of terminating the escrow.
6. Closing.
6.1 Closing date. This transaction will be closed in escrow by Title Company
acting as escrow agent (“Escrow Agent”). The closing will be held at the offices of Title
Company on or before that date which is thirty (30) days after the execution of the Development
Agreement and the expiration of any applicable appeal period related thereto, but in any event no
later than December 31, 2018 (the “Closing Date”). If closing does not occur on or before the
Closing Date, or any later date mutually agreed to in writing by Seller and Buyer, Escrow Agent
will immediately terminate the escrow, forward the Deposit to the party entitled to receive it as
provided in this Agreement and return all documents to the party that deposited them.
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6.2 Closing.
6.2.1 Seller’s escrow deposits. On or before the Closing Date, Seller
shall deposit into escrow the following:
(a) the duly executed and acknowledged Deed;
(b) a duly executed and completed Real Estate Excise Tax Affidavit;
(c) a non-foreign affidavit pursuant to Section 1445 of the Internal
Revenue Code;
(d) any other documents, instruments, records, correspondence and
agreements called for hereunder that have not previously been
delivered; and
(e) a certificate reaffirming as of the Closing Date that all of Seller’s
representations and warranties under this Agreement are true and
correct.
6.2.2 Buyer’s escrow deposits. On or before the Closing Date, Buyer
shall deposit into escrow the following:
(a) cash or immediately available funds in an amount sufficient to pay
the One Hundred Fifty Thousand Dollars ($150,000.00) cash payment portion of the Purchase
Price, plus Buyer’s share of closing costs;
(b) a duly executed Development Agreement, per Section 5.5 above;
(c) a duly executed and completed Real Estate Excise Tax Affidavit;
(d) any other documents or instruments Buyer is obligated to provide
pursuant to this Agreement (if any) in order to close this transaction; and
(e) a certificate reaffirming as of the Closing Date that all of Buyer’s
representations and warranties under this Agreement are true and accurate.
6.2.3 Additional instruments and documentation. Seller and Buyer
shall each deposit any other instruments and documents that are reasonably required by Escrow
Agent or otherwise required to close the escrow and consummate the purchase and sale of the
Property in accordance with this Agreement.
6.3 Closing costs.
6.3.1 Seller’s costs. Seller shall pay the premium for a standard
coverage owner’s policy of title insurance in the full amount of the Purchase Price, State of
Washington real estate excise taxes applicable to the sale, and one-half of Title Company’s
escrow fee.
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6.3.2 Buyer’s costs. Buyer shall pay the additional premium, if any,
attributable to the extended coverage owner’s policy of title insurance (if elected by Buyer) and
any endorsements required by Buyer, the cost of recording the Deed and one-half of Title
Company’s escrow fee.
6.4 Foreign Investment in Real Property Tax Act. The parties agree to comply in
all respects with Section 1445 of the Internal Revenue Code and the regulations issued
thereunder (the “Regulations”). If Seller is not a “foreign person” (as defined in the Regulations),
Seller shall deliver to Buyer through escrow a nonforeign certificate as prescribed by the
Regulations, properly executed and in form and content satisfactory to Buyer. If Seller is a
“foreign person” or fails or refuses to deliver the nonforeign certificate, or if Buyer receives
notice, or has actual knowledge, that the non-foreign certificate is false, a tax equal to 10% of the
Purchase Price will be withheld through escrow and paid by Escrow Agent to the Internal
Revenue Service in the manner prescribed by the Regulations, unless withholding is reduced or
excused in the manner prescribed by the Regulations.
In the event of any withholding, Seller’s obligations to deliver title and close this
transaction will not be excused or otherwise affected.
7. Adjustments and Prorations. The following adjustments and prorations will be made as of
12:01 a.m. on the Closing Date (with Buyer either responsible for or entitled to a credit for,
as the case may be, the actual Closing Date).
7.1. Property taxes. All property taxes payable in the year of closing and
assessments approved by Buyer, if any, will be prorated as of the Closing Date.
7.2. Utilities. All gas, electric and other utility charges will be prorated as of the
Closing Date.
7.3. Accounts payable. Except as may be otherwise agreed by Seller and Buyer in
writing, all sums due for accounts payable that were owing or incurred in the
maintenance or operation of the Property prior to the Closing Date will be paid
by Seller on or prior to the Closing Date or adequate provisions reasonably
satisfactory to Buyer will be made in respect to such payment. Seller agrees to
indemnify and hold Buyer harmless with respect to all such obligations. Buyer
shall furnish to Seller for payment promptly following receipt any bills to be
paid by Seller. Except as may otherwise be agreed to by Seller and Buyer in
writing, all accounts payable incurred on or after the Closing Date with respect
to the Property will be paid by Buyer and Buyer agrees to indemnify Seller
with respect thereto.
8. Seller’s Covenants.
8.1 Covenant to operate and maintain. Prior to the Closing Date, Seller shall
maintain, repair, manage and operate the Property in a businesslike manner in
accordance with Seller’s prior practices and Seller shall not dissipate any
portion of the Property. Seller shall keep the Property insured in accordance
with Seller’s prior practices up to the Closing Date.
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9. Representations and Warranties.
9.1 Seller’s representations and warranties. Seller represents and warrants to
Buyer as follows:
(a) Seller has full power and authority to convey the Property to
Buyer.
(b) To the best of Seller’s knowledge, the Property is now, or will be
as of the Closing Date, in compliance in all material respects with all applicable zoning, land-
use, building, construction, subdivision and other local, state and federal laws, ordinances and
regulations and with all existing covenants, conditions, restrictions and easements.
(c) To the best of Seller’s knowledge, all Due Diligence Materials and
other instruments and documents delivered to Buyer pursuant to this Agreement (the “Warranted
Materials”) are complete and accurate originals or copies, and Seller shall advise Buyer in
writing of any inaccuracies in the Warranted Materials as Seller becomes aware of them. With
respect to all other instruments and documents delivered or required to be delivered to Buyer by
Seller pursuant to this Agreement, Seller has not purposefully altered or withheld any of them.
(d) Seller has not received notice of any special assessment or
condemnation proceedings affecting the Property.
(e) To the best of Seller’s knowledge, there is no litigation pending or
threatened against Seller (or any basis for any claim) that arises out of the ownership of the
Property and that might materially and detrimentally affect (i) the use or operation of the
Property for Buyer’s intended use, or (ii) the ability of Seller to perform its obligations under this
Agreement, or (iii) the value of the Property.
(f) Seller is a Washington municipal corporation. This Agreement
and all documents executed by Seller that are to be delivered to Buyer at closing are, or at the
time of closing will be, (i) duly authorized, executed and delivered by Seller, (ii) legal, valid and
binding obligations of Seller, (iii) sufficient to convey title (if they purport to do so), and (iv) in
compliance with all provisions of all agreements and judicial orders to which Seller is a party or
to which Seller or all or any portion of the Property is subject.
(g) Other than the Property, there are no items, tangible or intangible,
real or personal, owned by Seller or any affiliate of Seller, now or at any time used in
conjunction with the Property or any portion thereof.
(h) Seller has received no notice of any failure of Seller to comply
with any applicable governmental requirements in respect of the use, occupation and
construction of the Property, including, but not limited to, environmental, fire, health, safety,
zoning, subdivision and other land use requirements that have not been corrected to the
satisfaction of the appropriate governmental authority, and Seller has received no notice of, and
has no knowledge of, any violations or investigation relating to any such governmental
requirement.
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(i) Seller has received no notice of any default or breach by Seller
under any covenants, conditions, restrictions, rights of way or easements that may affect Seller in
respect to the Property or may affect the Property or any portion thereof and no such default or
breach now exists.
(j) No building or other improvement encroaches on the real property,
nor does any building or improvement that is a part of the real property encroach on lands of
others or any public or private road or right of way.
(k) There are no leases affecting any part of the Property and there are
no written or oral promises, understandings or agreements between Seller and any tenant or
occupant of the Property that have not been disclosed by Seller as part of the materials provided
by Buyer.
(l) To Seller’s knowledge there are no permits, licenses or consents
required by any governmental authority in connection with the use and occupancy of the
Property except those previously obtained by Seller and delivered to Buyer, and Seller knows of
no local improvement districts proposed which will affect the Property.
(m) Except as disclosed in writing by Seller to Buyer, the Property is
not affected by any statute or governmental regulation of any kind that limits the right to increase
rents, requires the renewal of leases or grants a right to purchase to any tenant.
(n) All public utilities required for the operation of the Property either
enter the Property through adjoining public streets or, if they pass through adjoining private
lands, do so in accordance with valid public easements or private easements that will inure to the
benefit of Buyer on the Closing Date.
(o) Capacity within the water and sewer systems beyond that which
was associated with the previous building and use may be reserved by applying for water and
sewer concurrency pursuant to POMC 20.180.
(p) Seller is not a foreign person as defined in Section 1445 of the
Internal Revenue Code.
(q) All of the representations, warranties and covenants of Seller
contained in this Agreement are true and correct as of the Effective Date and as of the Closing
Date and will survive the closing of the transaction contemplated by this Agreement.
9.2 Buyer’s representations and warranties. Buyer represents and warrants to
Seller as follows:
(a) Buyer is a Washington limited liability company, duly organized
and validly existing under the laws of the state of Washington; this Agreement and all documents
executed by Buyer that are to be delivered to Seller at closing are, or at the time of closing will
be (i) duly authorized, executed and delivered by Buyer, (ii) legal, valid and binding obligations
of Buyer, and (iii) in compliance with all provisions of all agreements and judicial orders to
which Buyer is a party or to which Buyer is subject.
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(b) In connection with its Due Diligence, Buyer will inspect those
aspects of the Property, including, without limitation, its physical condition, that Buyer deems
necessary in order to make a determination whether to purchase the Property.
(c) As of the date of this Agreement, Buyer is not aware of any default
by Seller of any representation or warranty set forth in this Agreement.
10. Hazardous Materials.
10.1 Definitions.
10.1.1 Definition of “Environmental Laws”. “Environmental Laws”
means any federal, state or local laws, ordinances, permits or regulations, or any common law,
regarding health, safety, radioactive materials or the environment, each as amended, and any
regulations promulgated thereunder, guidance and directives issued with respect thereto, or
policies adopted by the applicable authorities thereunder.
10.1.2 Definition of “Hazardous Materials”. “Hazardous Materials”
means: (i) any radioactive materials; (ii) any substance or material the transportation, storage,
treatment, handling, use, removal or release of which is subject to any Environmental Law; or
(iii) any substance or material for which standards of conduct are imposed under any
Environmental Law. Without limiting the generality of the foregoing, “Hazardous Materials”
includes: asbestos and asbestos-containing materials (whether or not friable); urea-formaldehyde
in any of its forms; polychlorinated biphenyls; oil, used oil; petroleum products and their by-
products; lead-based paint; radon; and any substances defined as “hazardous waste,” “hazardous
substances,” “pollutants or contaminants,” “toxic substances,” “hazardous chemicals,”
“hazardous pollutants,” or “toxic chemicals “under any law, statute, ordinance or regulation
governing environmental matters or hazardous materials.
10.2 Compliance with Environmental Laws. Seller represents and warrants
that:
(a) Seller has no actual knowledge of the release or presence of any
Hazardous Material on, in, from or onto the Real Property;
(b) Seller has not generated, manufactured, refined, transported,
stored, handled, disposed of or released any Hazardous Materials on the Property, nor has Seller
permitted the foregoing;
(c) To the best of Seller’s actual knowledge, Seller has obtained all
approvals and caused all notifications to be made as required by Environmental Laws;
(d) To the best of Seller’s actual knowledge, Seller has not received
any notice of any violation of any Environmental Laws;
(e) To the best of Seller’s actual knowledge, no action has been
commenced or threatened regarding Seller’s compliance with any Environmental Laws;
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(f) To the best of Seller’s actual knowledge, no tanks used for the
storage of any Hazardous Materials above or below ground are present or were at any time
present on or about the Real Property; and
(g) To the best of Seller’s actual knowledge, no action has been
commenced or threatened regarding the presence of any Hazardous Materials on or about the
Real Property.
10.3 No waiver of liability. Seller has not released or waived and will not
release or waive the liability of any previous owner, lessee or operator of the Real Property or
any party who may be potentially responsible for the presence or removal of Hazardous
Materials on or about the Real Property. Seller has made no promises of indemnification
regarding Hazardous Materials to any party.
10.4 Environmental inspection. A Phase I Environmental Assessment was
prepared by the Seller and is available to the Buyer upon request. During the Due Diligence
Period, Buyer will have the right to take soil and water samples (including groundwater samples)
from the Real Property, and to test and analyze those samples to determine the extent of any
contamination of the soils and water (including groundwater) on or about the Real Property. If,
based on the results of those inspections and/or tests, Buyer determines that the condition of the
Real Property is unsatisfactory or if Buyer believes that its ownership of the Real Property would
expose Buyer to undue risks of government intervention or third-party liability, Buyer may,
without liability, cancel the purchase of the Property and terminate this Agreement.
11. Casualty Loss. Following the occurrence of any event prior to the Closing Date, causing
damage to or destruction of the Property or any portion of the Property, Seller shall promptly
notify Buyer of such occurrence. Under any such circumstances the provisions of this Section 11
will apply.
11.1 Minor casualty loss. If the amount of any casualty loss referred to above
in this Section 11 is not more than Five Hundred Dollars ($500.00), the obligation of each party
under this Agreement will continue, notwithstanding any such casualty, the rights to all
insurance proceeds collectively by reason of such loss and not collected prior to closing will at
closing be assigned to Buyer, and the Purchase Price will be paid without reduction by reason of
such loss. Buyer and Seller will under such circumstances cooperate in settlement of such claims
and any proceeds collected prior to closing will, consistent with the circumstances, be applied to
any reconstruction or be offset against the portion of the Purchase Price paid at closing.
11.2 Substantial casualty loss. If the amount of any casualty loss is more than
Five Hundred Dollars ($500.00), Buyer and Seller will each have the right to terminate this
Agreement in the manner specified by this Section 11.2. Such election may be exercised only by
the party so electing to terminate giving written notice of termination to the other party within
thirty (30) days after receipt of actual notice of such casualty loss. Such notice of casualty will
be effective to commence the running of this termination period only if such notice specifically
provides that it is being given pursuant to this Section 11.2. Upon effective exercise of such
termination election by either party, this Agreement will terminate, and the Earnest Money will
be returned to Buyer. If, in the event of any such casualty, neither party affirmatively exercises
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the right to terminate provided for by this Section 11.2, such right will lapse, and the provisions
of Section 11.1 above will apply.
11.3 Eminent domain. If at any time after the Effective Date, Seller receives
any notice of any condemnation proceedings, or other proceedings in the nature of eminent
domain, it will promptly send a copy of such notice to Buyer. If all or any part of the Property is
taken by condemnation or eminent domain and the value of the portion of the Property so taken
exceeds Five Hundred Dollars ($500.00), Buyer may, upon written notice to Seller, elect to
terminate this Agreement, and in such event all monies theretofore paid on account must be
returned to Buyer, and neither party will have any further liability or obligation under this
Agreement. If all or any portion of the Property has been or is hereafter condemned or taken by
eminent domain and this Agreement is not canceled, Seller’s right, title and interest in and to any
awards in condemnation or eminent domain, or damages of any kind, to which Seller may have
become entitled or may thereafter be entitled by reason of any exercise of the power of
condemnation or eminent domain with respect to the Property or any portion thereof.
12. Possession. Seller shall deliver possession of the Property to Buyer on the Closing Date.
13. Events of Default.
13.1 By Seller. If there is an event of default under this Agreement by Seller
(including a breach of any representation, warranty or covenant), Buyer will be entitled (a) in
addition to all other remedies available at law or in equity, to seek specific performance of
Seller’s obligations under this Agreement or (b) to terminate this Agreement by written notice to
Seller and Escrow Agent. If Buyer terminates this Agreement, the escrow will be terminated, the
entire Deposit must immediately be returned to Buyer, all documents will be immediately
returned to the party who deposited them, and neither party will have any further rights or
obligations under this Agreement, except as otherwise provided in this Agreement except that
Seller shall pay any costs of terminating the escrow and any cancellation fee for the Preliminary
Commitment.
13.2 By Buyer. IN THE EVENT BUYER FAILS, WITHOUT LEGAL
EXCUSE, TO COMPLETE THE PURCHASE OF THE PROPERTY, THE EARNEST
MONEY DEPOSIT MADE BY BUYER WILL BE FORFEITED TO SELLER AS THE SOLE
AND EXCLUSIVE REMEDY AVAILABLE TO SELLER FOR SUCH FAILURE.
__________________ __________________
Seller’s Initials Buyer’s Initials
14. Notices. Any notice under this Agreement must be in writing and be personally
delivered, delivered by recognized overnight courier service or given by mail or via facsimile.
Any notice given by mail must be sent, postage prepaid, by certified or registered mail, return
receipt requested. All notices must be addressed to the parties at the following addresses or at
such other addresses as the parties may from time to time direct in writing:
Seller: City of Port Orchard
ATTN: Mayor Robert Putaansuu
216 Prospect Street
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Page 15 of 19
Port Orchard, WA 98366
with a copy to: Office of the City Attorney
Sharon Cates
Lighthouse Law Group PLLC
600 Stewart Street, Suite 400
Seattle, WA 98101
Buyer: Waterman Investment Partners, LLC
P.O. Box 376
Burley, WA 98322
with a copy to: Ron Templeton
Templeton Horton Weibel
3212 NW Byron Street, #104
Silverdale, WA 98383
Any notice will be deemed to have been given, if personally delivered, when delivered, and if
delivered by courier service, one business day after deposit with the courier service, and if
mailed, two business days after deposit at any post office in the United States of America, and if
delivered via facsimile or electronic mail, the same day as verified, provided that any verification
that occurs after 5:00 p.m. on a business day, or at any time on a Saturday, Sunday or holiday,
will be deemed to have occurred as of 9:00 a.m. on the following business day.
15. Brokers and Finders. Neither party has had any contact or dealings regarding the
Property, or any communication in connection with the subject matter of this transaction,
through any licensed real estate broker or other person who can claim a right to a commission or
finder’s fee as a procuring cause of the purchase and sale contemplated by this Agreement. If any
broker or finder perfects a claim for a commission or finder’s fee based upon any other contract,
dealings or communication, the party through whom the broker or finder makes his or her claim
will be responsible for that commission or fee and shall indemnify, defend and hold harmless the
other party from and against any liability, cost or damages (including attorneys’ fees and costs)
arising out of that claim.
16. Amendments. This Agreement may be amended or modified only by a written
instrument executed by Seller and Buyer.
17. Continuation and Survival of Representations and Warranties. All representations
and warranties by the respective parties contained in this Agreement or made in writing pursuant
to this Agreement are intended to and will remain true and correct as of the time of Closing, will
be deemed to be material and will survive the execution and delivery of this Agreement and the
delivery of the Deed and transfer of title for a period of twelve (12) months. Such
representations and warranties, however, are not assignable and do not run with the land, except
as may be expressly provided herein or contained in a written instrument signed by the party to
be charged.
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18. Governing Law. This Agreement will be governed by and construed in accordance with
the laws of the state of Washington.
19. Entire Agreement. This Agreement and the exhibits to it constitute the entire agreement
between the parties with respect to the purchase and sale of the Property, and supersede all prior
agreements and understandings between the parties relating to the subject matter of this
Agreement.
20. Attorney’s Fees. If either party fails to perform any of its obligations under this
Agreement or if a dispute arises concerning the meaning or interpretation of any provision of this
Agreement, the defaulting party or the party not prevailing in the dispute, as the case may be,
shall pay any and all costs and expenses incurred by the other party in enforcing or establishing
its rights under this Agreement, including, without limitation, court costs and reasonable attorney
fees incurred in connection with any federal, state or bankruptcy court proceeding.
21. Time of the Essence. Time is of the essence of this Agreement.
22. Exclusivity. Seller shall not market the Property actively until after the expiration of the
Due Diligence Period and then only if Buyer elects not to proceed with the purchase of the
Property.
23. Waiver. Neither Seller’s nor Buyer’s waiver of the breach of any covenant under this
Agreement will be construed as a waiver of the breach of any other covenants or as a waiver of a
subsequent breach of the same covenant.
24. Nonmerger. The terms and provisions of this Agreement, including, without limitation,
all indemnification obligations, will not merge in, but will survive, the closing of the transaction
contemplated under this Agreement.
25. Assignment. Buyer shall not assign this Agreement without Seller’s prior written
consent, which consent may not be unreasonably withheld or delayed. Seller shall consent to an
assignment of this Agreement to (i) the parent of Buyer, or to a wholly-owned subsidiary of
Buyer or of such parent, or (ii) to any corporation or other entity with which Buyer may be
merged or consolidated, provided that the net worth of the resulting corporation is at least equal
to the net worth of Buyer as of the Effective Date.
26. Negotiation and Construction. This Agreement and each of its terms and provisions are
deemed to have been explicitly negotiated between the parties, and the language in all parts of
this Agreement will, in all cases, be construed according to its fair meaning and not strictly for or
against either party.
27. Calculation of Time Periods. Unless otherwise specified, in computing any period of time
described in this Agreement, the day of the act or event after which the designated period of time
begins to run is not to be included and the last day of the period so computed is to be included,
unless such last day is a Saturday, Sunday or legal holiday. The final day of any such period will be
deemed to end at 5 p.m., Pacific Time.
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28. Section 1031 Exchange. Each party agrees to cooperate with the other and/or the other’s
principals in effectuating a like-kind exchange under Section 1031 of the Internal Revenue Code.
Each party shall execute such documents as may be necessary or appropriate to assist with a
contemporaneous or deferred exchange arrangement requested by the other on the conditions that
the non-requesting party will have no liability whatsoever in connection with such exchange, the
non-requesting party will not be required to incur any expense in connection therewith and that the
requesting party indemnifies and holds the non-requesting party harmless from any such liability or
expense, including all of the non-requesting party’s costs and attorney fees related thereto.
29. Recitals and exhibits. The Recitals and Exhibits are incorporated into this Agreement
by this reference.
30. Counterparts. This agreement may be signed in counterparts, any of which shall be
deemed an original.
31. Date. This Agreement is made this 10th day of July 2018.
SELLER: BUYER:
City of Port Orchard, a municipal Waterman Investment Partners, LLC
corporation of the State of Washington
________________________________ ________________________________
Robert Putaansuu, Mayor Steve Sego, Sole Member
ATTEST/AUTHENTICATE:
______________________________
Brandy Rinearson, MMC, City Clerk
APPROVED AS TO FORM:
______________________________
Sharon Cates, City Attorney
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STATE OF WASHINGTON )
) ss
COUNTY OF KITSAP )
On this _____ day of ____________, 2018, before me, the undersigned, a Notary Public
in and for the State of Washington, duly commissioned and sworn, personally appeared Robert
Putaansuu, to me known to be the Mayor of the City of Port Orchard, the Washington municipal
corporation that executed the within and foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said corporation for the uses and purposes
therein mentioned, and on oath stated that he is authorized to execute the said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
__________________________________
Notary Public in and for said state, residing
at ________________________________
My commission expires: ______________
Print Name: ________________________
STATE OF WASHINGTON )
) ss
COUNTY OF _________ )
On this _____ day of _______________, 2018, I certify that I know or have satisfactory
evidence that Steve Sego is the person who appeared before me, and said person acknowledged
that he signed this instrument, on oath stated that he was authorized to execute the instrument on
behalf of Waterman Investment Partners, LLC, referenced herein, and acknowledged it to be his
free and voluntary act for the uses and purposes mentioned in the instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
__________________________________
Notary Public in and for said state, residing
at ________________________________
My commission expires: ______________
Print Name: ________________________
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EXHIBIT LIST
EXHIBIT A — Legal Description
EXHIBIT B — Property Depiction
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Exhibit A
RESULTANT PARCEL 1 OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER
AUDITOR'S FILE NO. 201510130176, AND AS DEPICTED ON SURVEY RECORDED
UNDER AUDITOR'S FILE NO. 201510130175, IN VOLUME 81 OF SURVEYS, PAGE
145, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
THE SOUTHEASTERLY HALF OF LOT 6, BLOCK 9, S.M. STEVENS’ TOWN PLAT OF
SIDNEY, ACCORDING TO PLAT RECORDED IN VOLUME 1 OF PLATS, PAGES 1
AND 2, IN KITSAP COUNTY, WASHINGTON; EXCEPT THE SOUTHWESTERLY 3
FEET THEREOF; ALSO EXCEPT THE NORTHWESTERLY 5 FEET THEREOF; TOGETHER
WITH ALL OF LOT 7, BLOCK 9, S.M. STEVENS’ TOWN PLAT OF SIDNEY,
ACCORDING TO PLAT RECORDED IN VOLUME 1 OF PLATS, PAGES 1 AND 2, IN
KITSAP COUNTY, WASHINGTON.
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Exhibit B
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1/22/2018 640 Bay Street RFP - Port Orchard
https://www.cityofportorchard.us/640-bay-street-rfp/1/7
Click here to see the Tremont Street Widening Project Website / (http://www.tremontstreetwidening.com/)Click here to see the
(http://www.tremontstreetwidening.com/)Bethel Road and Sedgwick Road Corridor Study (https://www.cityofportorchard.us/bethelsedgwick-
road-corridor-study/)
REQUEST FOR PROPOSALS
FOR CITY-OWNED PROPERTY AT
640 BAY STREET, PORT ORCHARD, WA
November 17, 2017
RFP Issued by:
City of Port Orchard, WA – Department of Community Development
216 Prospect Street, Port Orchard, WA 98366
Contact:
Jim Fisk at j×sk@cityofportorchard.us (mailto:j×sk@cityofportorchard.us)
For issues related to this RFP
Introduction
On behalf of the City of Port Orchard, the Department of Community Development is seeking proposals to purchase and develop a vacant property
located at 640 Bay Street in Port Orchard. This property is in downtown Port Orchard with water and mountain views and is located approximately
500 feet from the Port Orchard Foot Ferry with convenient access to Downtown Bremerton via the Port Orchard Passenger Ferry and to DowntownPage 98 of 130
1/22/2018 640 Bay Street RFP - Port Orchard
https://www.cityofportorchard.us/640-bay-street-rfp/2/7
Seattle via Bremerton on the new Kitsap Transit high speed passenger ferry. The City seeks a transit-oriented mixed-use catalyst project for the
redevelopment of downtown Port Orchard that harnesses downtown’s strategic location near the foot ferry, Kitsap County Government Campus,
Port Orchard City Hall, and businesses and activities available in downtown Port Orchard. The City recently passed a mixed-use pilot program
ordinance (Ord. 046-17) to aid in the process of constructing several mixed-use projects in downtown Port Orchard. This program has implemented
many incentives for development including reduced parking requirements, more Øexible development regulations, clearly de×ned design standards,
and a streamlined project review process.
The City’s development goals for this site include:
1. Maximizing the site’s development potential and contributing to the vibrancy of the downtown area with well-designed development that will bring
employees, residents, customers, and visitors to the area.
2. The construction of a mixed-use project containing at least 3,000 square feet of commercial (retail or restaurant) space and at least 20 residential
dwelling units.
3. The construction a mix of market-rate and affordable housing units.
4. Streetscape improvements along the frontages immediately abutting the project site.
5. Enhancement of the Frederick Ave right-of-way abutting the site which may include a proposal for the partial vacation of the right of way (the west
half).
6. Project construction to begin within 30 months of entering into an agreement to sell the property.
Proposal Deadline: January 12, 2018 at 4:00 p.m.
Proposals are due to the City Clerk’s of×ce no later than 4:00 p.m. local time on Friday, January 12, 2018. Pre-applications meetings may be requested
on a ×rst-come, ×rst-served basis by completing a pre-application meeting request form. Pre-application meetings must be scheduled and conducted
prior to December 15, 2017.
Background Information
Location: 640 Bay Street is located at the southwest corner of the intersection of Bay Street (SR-166) and Frederick Street. The southern uphill
boundary of the site abuts Prospect Street.
The parcel is approximately 10,454 square feet and includes approximately 85 feet of frontage along Bay Street (Port Orchard’s Main Street). Up to 30
feet of the Frederick Street right-of-way (the west side) could be proposed for a street vacation under this proposal, though ×nal approval of any
vacation is subject to City Council approval. Project proponents could seek to redevelop adjacent parcels to the west of the site and include those
properties as part of the developer’s proposal, provided that any affected owners include a letter of support for the project.
Zoning Framework
The development of this site may occur under one of two sets of development standards. The property may be developed consistent with the codi×ed
zoning standards as found in POMC Title 20, or through the alternative standards under the Mixed-Use Pilot Program (MUPP) Ordinance as passed
on November 14, 2017.
Port Orchard Municipal Code Title 20 is available at https://www.cityofportorchard.us/regulations/ (https://www.cityofportorchard.us/regulations/)
The MUPP was written to encourage the development of mixed-use projects in Downtown Port Orchard. The MUPP has no maximum densities and
allows a 5-story building not to exceed 58-feet building on this site. In addition, a 10-foot (1-story) height bonus may be granted for this site if a
grocery store is included in the proposal as described in the pilot program ordinance. Parking is required either on-site or off-site, or a combination of
on- and off-site, at a minimum of 0.5 stalls per dwelling unit. All proposals will be required to comply with the City’s architectural design standards in
effect at the time of building permit submittal. These guidelines are currently available for review in draft form and a scheduled for a public hearing
before the Planning Commission in January 2018.
Ordinance 046-17 Mixed Use Pilot Program
(https://storage.googleapis.com/proudcity/portorchardwa/uploads/2017/11/046-17-MUPP-PC-Recommended-
Ordinance.pdf)
Environmental
The City acquired this site when the previous building at the location was destroyed by ×re. A Phase 1 Environmental Assessment was prepared by the
City and is available upon request. The property will be sold as-is. The developer would be solely responsible for any unknown environmental risk.
Phase 1 Environmental Assessment (https://storage.googleapis.com/proudcity/portorchardwa/uploads/2017/11/Phase-1-
10-8-13.pdf)
Land Sale Terms
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1/22/2018 640 Bay Street RFP - Port Orchard
https://www.cityofportorchard.us/640-bay-street-rfp/3/7
The City seeks to recover the funds spent acquiring the property including the purchase price and other miscellaneous expenses totaling
approximately $145,000. Proposal submittals shall include a purchase price; price will be one of the factors considered in evaluation. The parcel will be
sold pursuant to an agreement that will include several terms intended to establish milestones for developing the site and to ensure that the site is
developed in accordance with the accepted proposal. The City seeks assurances that the property will be developed shortly after acquisition.
Proposals may be viewed more favorably if they include speci×c and strong assurances that would ensure that the property is developed in a timely
manner were that proposal to be accepted. Proposals should quantify other valuable consideration being offered as part of a proposal such as the
value of any public improvements proposed or dedications of land. An appraisal will be obtained by the City prior to entering into an agreement to sell
the property for development to ensure that the City receives valuable consideration equal to or exceeding the appraised property value.
Optional Pre-Proposal Informational Meeting
An informational meeting will be held: Monday December 4, 2017 at 11:00 a.m. at City of Port Orchard Council Conference Chambers, 216 Prospect
Street, Port Orchard, WA 98366. Please contact Jim Fisk at j×sk@cityofportorchard.us (mailto:j×sk@cityofportorchard.us) for more information.
Questions and Contact Information
In order to meet the City’s schedule, it is extremely important that requests for clari×cation or additional information be submitted in writing no later
than December 15, 2017, 4:30 P.M. PST. Questions submitted after this date may not elicit a response. All proposals or requests for clari×cation should
be sent to the Department of Community Development at: planning@cityofportorchard.us. (mailto:planning@cityofportorchard.us)
All questions pertaining to this RFP must be submitted in writing. City staff will provide written responses addressing submitted questions available
on a weekly basis on this website page.
Proposal Submission
Proposers must submit copies of their proposals as follows: one unbound copy, 10 bound copies and one electronic version in Microsoft compatible or
PDF format on CD or USB drive. Proposals must be on standard 8 ½” by 11” paper. All supporting documentation must be on paper no larger than 11”
by 17”. Proposals and supporting documentation must be submitted in a sealed envelope labeled “640 Bay Street Parcel Development.” Faxed
proposals will not be accepted. Proponents may choose to provide additional sets when invited to do so for presentation purposes. Submissions will
not be returned. Proposals shall be delivered to the City on or before Friday, January 12, 2018 at 4:00 p.m.
To:
City of Port Orchard – Clerk’s Of×ce
Request for Proposals for: 640 Bay Street
216 Prospect Street
Port Orchard, WA 98366
Proposals received after the deadline will not be accepted. Proposals postmarked prior to the deadline will be considered.
Proposal Contents
The information being requested through this RFP is necessary for the City of Port Orchard to adequately evaluate your proposal. Failure to supply
the requested information may result in rejection of your proposal. The City is not responsible for the costs incurred by proponents or their
subcontractors related to the RFP process, including but not limited to costs associated with preparing a proposal, or associated with participating in
any presentations or negotiations related to this RFP. Proposals must include 7 copies of the following:
1. A cover page.
a. Developer’s name and mailing address
b. Developer’s current legal status: corporation, partnership, sole proprietor, etc.
c. Federal ID number
d. State ID number
e. Contact person’s name, title, phone number, fax number and e-mail address
f. Signature of authorized corporate of×cer or owner for each entity proposing as a partnership or team
2. A Description (narrative, schematic plans and elevations) of the proposed development (e.g., size of building and square footage of speci×c
components; nature of improvements and how the improvements would bring active public uses to the block; amount and type of parking spaces
needed; anticipated materials and design style/concept; circulation patterns; proposed public-realm improvements; loading/service provisions) to be
built on the site. The proposal should include tentative information about the bedroom compositions, rents and/or sales prices and amenities/services
included. If commercial development is proposed, information should be included about the type of tenants expected.
3. An identi×cation of the entities that will be involved, a description of the roles they will play (e.g., developer, building owner, tenant, professional
consultant) and a summary of the team’s past experience in working together. A description of the entities' experience in developing similar projects
must be included, including location, type of development, proposer’s role(s), cost of project, funding sources, status of project and information aboutPage 100 of 130
1/22/2018 640 Bay Street RFP - Port Orchard
https://www.cityofportorchard.us/640-bay-street-rfp/4/7
any continued ×nancial or operating interest in each. Identify the principal person who will speak for the development team and any other key
participants who will be involved in negotiating the project terms. Specify whether the development entity is or intends to form a corporation, a
general or limited partnership, a joint venture or other type of business association to carry out the proposed development. Design consultants on the
team must be licensed in the State of Washington, and contractors must be licensed to work in the city of Port Orchard; the submission must include a
certi×cation that identi×ed team members meet these requirements.
4. Documentation of ×nancial ability to perform such as a conditional ×nancing commitment or other letter of intent from a ×nancial institution or
investor.
5. A description of the public bene×ts that will result from the development, e.g., the number and types of housing units, the creation or retention of
jobs (including the estimated number, type and wage levels), tax base enhancement, the provision of retail goods and services, public realm
improvements, etc. This should include an estimate of the taxable real estate value upon completion and annual real estate taxes.
6. A proposed timeframe for the development, including identi×cation of any conditions that must be met before the proposal can become a reality.
The schedule should include the time needed to obtain ×nancing, complete design and secure permits and approvals, prepare the site, start and
complete construction, and start and complete lease-up and/or sellout.
7. Any other information that would help City staff understand and evaluate the concept.
a. Proposer should use this section to present any additional information such as letters of recommendation, letters of interest from prospective
lenders or tenants, or other information that supports the proposal.
The contents of the proposal and any clari×cation to the contents submitted by the successful proposer may become part of the contractual obligation
and be incorporated by reference into the redevelopment contract between the selected developer and the City.
Developers responding to this RFP are not required to provide a Good Faith Deposit on the land with their proposals. However, the developer whose
proposal is ultimately selected by the City Council must make the required deposit (10% of the purchase price) at the time of selection.
Review and Evaluation Criteria
In reviewing potential development concepts, the following criteria are among those that will be considered:
• The experience and the ×nancial and organizational capacity of the developer in successfully planning and completing development projects of
similar type and scale, on time and within budget. The developer’s development track record with the City of Port Orchard, including any history of
meeting (or not meeting) its contractual commitments to the City, will be an important factor.
• The extent to which the proposed development meets the goals and requirements outlined in this RFP, as well as the goals of the City’s
Comprehensive Plan.
• The existence of committed building tenant(s), for any commercial spaces proposed.
• The degree to which the proposal supports the downtown’s character and contributes to the public realm.
• The quality of the proposed project’s exterior design and materials and the intended application of LEED or other environmental standards.
• The market and ×nancial feasibility of the project, and its ability to secure necessary private funds and be started and completed in a timely manner.
• The public bene×ts to be provided by the development (e.g., the generation of real estate taxes, the creation or retention of jobs, the provision of
housing units and/or commercial goods and services).
• The land price and whether any additional public investment would be needed to make the project feasible.
• The proposed terms of a purchase including but not limited to assurances that project construction will commence within a short timeframe.
• Overall quality of the submission. The City may, in its sole discretion, expand or reduce the criteria upon which it bases its ×nal decisions regarding
selection of the developer for this parcel.
Acceptance or Rejection of Proposals
The City reserves the right to accept or reject any or all proposals, to waive all minor technicalities, and to accept the proposal or proposals
determined to be the most advantageous to the City. Additionally, the City may accept a proposal subject to an exception if, in the sole judgment of the
City, the proposal meets or exceeds the City’s speci×cations.
Review and Selection Process
A committee that will include City representatives will review proposals received by the due date. Input may also be sought from the Port Orchard
Design Review Board. Some or all of the proposers may be requested to present their proposals to the review committee and/or Design Review Board.
During the review process, proposers may be asked questions to clarify their proposals, but cannot modify their proposals. The review committee will
make a recommendation as to the proposal that best meets the review and evaluation criteria. This recommendation will be considered by the
Department of Community Development Director, and the Director’s recommendation will be forwarded to the City Council for action. At this point,
the City Council will select a development proposal and authorize staff to negotiate the terms of the redevelopment contract that will include the
terms of the transaction.Page 101 of 130
1/22/2018 640 Bay Street RFP - Port Orchard
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Once redevelopment contract terms have been negotiated and any further analysis completed, staff will return to the City Council for a land sale
public hearing and consideration of approval of the land sale and related terms.
The City reserves the right to reject any or all proposals or parts of proposals, to negotiate modi×cations of proposals submitted, and to negotiate
speci×c work elements with a proposer into a project of lesser or greater magnitude than described in this RFP or the proposer’s reply.
Schedule
Following is the anticipated tentative timeline:
Pre-proposal meeting: December 4, 2017
Last day for Proposers to submit written questions and pre-application meeting deadline: December 15, 2017
Submission deadline for proposals: January 12, 2018, 4:00 pm
Review/evaluation of proposals: January 29, 2018
Recommendation of selected developers to Community Development & Regulatory Services Committee and ×nal action by City Council: February 13,
2018
City Contracting Requirements
Any proposed agreement to purchase the property shall include development milestones such as dates by which building permits or site development
permits will be submitted seeking building or site construction plan review and/or dates by which construction activities will commence. An agreement
to purchase the property shall include contingencies requiring the achievement of certain development milestones prior to closing or other assurances
that project construction will occur within a speci×ed timeline.
Ownership of Work Product
Any and all data, reports, analyses, documents, photographs, pamphlets, plans, speci×cations, surveys, ×lms or any other materials created, prepared,
produced, constructed, assembled, made, performed or otherwise produced by the Developer, Contractor or the Contractor’s subcontractors or
consultants for delivery to the City under this RFP shall be the sole and absolute property of the City. Such property shall constitute “work made for
hire” as de×ned by the U.S. Copyright Act of 1976, 17 U.S.C. §101, and the ownership of the copyright and any other intellectual property rights in such
property shall vest in the City at the time of its creation. Ownership of the intellectual property includes the right to copyright, patent, and register,
and the ability to transfer these rights. Material which the Developer or Contractor uses to prepare a proposal in response to this RFP but is not
created, prepared, constructed, assembled, made, performed or otherwise produced for or paid for by the City is owned by the Developer or
Contractor and is not “work made for hire” within the terms of this RFP.
Public Records Requests
This RFP and all public records associated with proposals submitted in response to this RFP shall be available from the City for inspection and copying
by the public where required by the Public Records Act, Chapter 42.56 RCW (the “Act”). To the extent that public records then in the custody of the
Developer or Contractor are needed for the City to respond to a request under the Act, as determined by the City, the Developer or Contractor agrees
to make them promptly available to the City. If the Developer or Contractor considers any portion of any record provided to the City under this
Agreement, whether in electronic or hard copy form, to be protected from disclosure under law, the Developer or Contractor shall clearly identify any
speci×c information that it claims to be con×dential or proprietary. If the City receives a request under the Act to inspect or copy the information so
identi×ed by the Developer or Contractor and the City determines that release of the information is required by the Act or otherwise appropriate, the
City’s sole obligations shall be to notify the Contractor of: (a) the request; and (b) the date that such information will be released to the requester
unless the Developer or Contractor obtains a court order to enjoin that disclosure pursuant to RCW 42.56.540. If the Developer or Contractor fails to
timely obtain a court order enjoining disclosure, the City will release the requested information on the date speci×ed.
Parcel Map
Page 102 of 130
1/22/2018 640 Bay Street RFP - Port Orchard
https://www.cityofportorchard.us/640-bay-street-rfp/6/7
Parcel Map with Aerial Photo
Page 103 of 130
1/22/2018 640 Bay Street RFP - Port Orchard
https://www.cityofportorchard.us/640-bay-street-rfp/7/7
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Connect Page 104 of 130
RESOLUTION NO. 061-17
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON DECLARING REAL
PROPERTY OWNED BY THE CITY, LOCATED AT 640 BAY STREET (PARCEL NO. 4650-
009-006-0208), SURPLUS TO THE NEEDS OF THE CITY AND AUTHORIZING ITS SALE.
WHEREAS, the City of Port Orchard owns real property located at 640 Bay Street at the
southwest corner of the intersection of Bay Street (SR-166) and Frederick Street, the southern
boundary of which abuts Prospect Street, and identified as Parcel No. 4650-009-006-0208 (the
"Property"); and
i WHEREAS, the City acquired the Property, which is vacant, as part of a code enforcement
action related to a structure fire, and for the purposes of future development in downtown Port
Orchard, for the amount of $140,421 and Quit Claim Deed to the City on October 13, 2015; and
WHEREAS, in 2014 the City identified future administrative facilities needed to
accommodate the rapid growth of the City; and
WHEREAS, upon its purchase in 2015, the 640 Bay Street property was identified as a
future administrative facility site and added to the 2014-2020 Capital Facility Comprehensive
Plan; and
WHEREAS, in 2017, the City identified a property located at 720 Prospect that could more
cost effectively meet the administrative facility needs of the City than the 640 Bay Street
property; and
WHEREAS, the City has determined that the 640 Bay Street property is no longer an
advantageous site for an administrative facility and will be removed from the Capital Facilities
Comprehensive Plan in November 2017; and
WHEREAS, the City has determined the site is not useful for future municipal
development and/or purposes; and
WHEREAS, the original purchase of 640 Bay Street was acquired with Real Estate Excise
Tax Funds; and
WHEREAS, the proceeds of the sale will be placed in the Capital Construction Fund No.302
for future capital facilities purposes/needs; and
WHEREAS, upon the Property being declared as surplus to the City's needs, the
City intends to issue a request for proposals for its sale; now, therefore,
Page 105 of 130
Resolution No. 061-17
Page 2 of 2
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY
RESOLVES AS FOLLOWS:
1. Recitals. The recitals set forth above are hereby incorporated by reference as
if set forth fully herein.
2. Declaration of Surplus. The above referenced Property is hereby declared to
be surplus to the needs of the City.
3. Authorization for Sale. The Mayor or their designee is authorized to offer the
Property for sale through a Request for Proposals (RFP) process. The Property
shall be appraised by a qualified appraiser to determine its fair market value.
The Property shall be sold for fair market value, and upon such terms and
conditions as are deemed acceptable to the City.
4. Severability. If any one or more sections, subsections, or sentences of this
Resolution are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Resolution and the same
shall remain in full force and effect.
5. Effective Date. This Resolution shall take effect immediately upon its passage.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the City Clerk in authentication of such passage this 14th day of November 2017.
Robert Putaansuu, Mayor
ATTEST:
I I•: seal :•Brandy Rinearson, CMC, City Clerk = :. =%si\ #•>/
Page 106 of 130
RESOLUTION NO. 006-18
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, TO DECLARE
THE WATERMAN INVESTMENT PARTNERS LLC PROPOSAL AS THE WINNING
RESPONSE TO THE CITY'S REQUEST FOR PROPOSALS RELATED TO THE
REDEVELOPMENT OF 640 BAY STREET AND AUTHORIZING THE MAYOR TO
NEGOTIATE WITH WATERMAN INVESTMENT PARTNERS LLC FOR THE PURCHASE
AND REDEVELOPMENT OF 640 BAY STREET.
WHEREAS, On November 14,2017, the City Council declared 640 Bay Street as surplus to
the needs of the City; and
WHEREAS, on November 17, 2017, the City published a Request for Proposals for the
purchase and redevelopment of 640 Bay Street; and
WHEREAS, the Request for Proposals, attached hereto as Exhibit A, was published on the
City's website and in the Daily Journal of Commerce, the Kitsap Sun, and the Port Orchard
Independent; and
WHEREAS, the City received one (1) proposal for the purchase and redevelopment of 640
Bay Street by the 4:00 p.m. January 12, 2018 deadline from Waterman Investment Partners LLC;
and
WHEREAS, the city clerk determined that the proposal was complete, as it included the
required contents as identified in the Request for Proposals; and
WHEREAS, in accordance with the Request for Proposals, a committee met to review the
proposal received from Waterman Investment Partners LLC and determined that the proposal
met the review and evaluation criteria as listed in the RFP; and
WHEREAS, the Director of Community Development on recommendation from the
proposal review committee has recommended that the City Council declare the proposal
submitted by Waterman Investment Partners LLC as the winning proposal and for the Council to
instruct the mayor to begin negotiations for the purchase and redevelopment of 640 Bay Street;
now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS
FOLLOWS:
1. Declaration. The City Council hereby declares the Waterman Investment Partners LLC
proposal as the winning response to the City's Request for Proposals for the purchase
and redevelopment of 640 Bay Street.
2. Authorization. The City Council authorizes the Mayor to negotiate with Waterman
Investment Partners LLC for the purchase and redevelopment of 640 Bay Street.
Page 107 of 130
Resolution No. 006-18
Page 2 of 2
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the City Clerk in authentication of such passage this 13th day of February 2018.
Robert Putaansuu, Mayor
^ORTOpXATTEST:
I ' ': SEAL IBrandy Rinearson, MMC, City Clerk • =% ;.cn
IT
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Page 120 of 130
City of Port Orchard
Council Meeting Minutes
Regular Meeting of June 26, 2018
1. CALL TO ORDER AND ROLL CALL
Mayor Pro-Tempore Cucciardi called the meeting to order at 6:30 p.m.
Roll call was taken by the Deputy City Clerk as follows:
Councilmember Ashby Absent
Councilmember Chang Present
Councilmember Clauson Present
Councilmember Cucciardi Present
Mayor Pro-Tem Diener Absent
Councilmember Lucarelli Present
Councilmember Rosapepe Present
Mayor Putaansuu Absent
Staff present: Public Works Director Dorsey, Finance Director Crocker, Community Development
Director Bond, City Attorney Cates, Deputy City Clerk Floyd, and Office Assistant Whisenant were
also present.
A. PLEDGE OF ALLEGIANCE
Mayor Pro Tempore Cucciardi led the audience and Council in the Pledge of Allegiance.
MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to designate
Councilmember Cucciardi as acting Mayor Pro Tempore for tonight’s meeting.
The motion carried.
2. APPROVAL OF AGENDA
MOTION: By Councilmember Chang, seconded by Councilmember Lucarelli, to move Consent Item
4F to Business Item 7H.
The motion carried.
MOTION: By Councilmember Chang, seconded by Councilmember Lucarelli, to approve the agenda
as amended.
Page 121 of 130
Minutes of June 26, 2018
Page 2 of 6
The motion carried.
3. CITIZENS COMMENTS
There were no citizen comments.
4. CONSENT AGENDA
A. Approval of Check Nos. 74751 through 74651 totaling $1,107,577.41
B. Approval of the May 29, 2018, Special Council Meeting-Town Hall Minutes
C. Approval of the June 12, 2018, Council Meeting Minutes
D. Adoption of a Resolution Declaring Certain Personal Property as Surplus and Authorizing the
Disposition Thereof (Resolution No. 030-18)
E. Approval of an Interlocal Agreement with Kitsap County, the City of Bainbridge Island, the
City of Bremerton, the City of Poulsbo, the Suquamish Tribe, and the Port Gamble S’Kallam
Tribe (Contract No. 050-18)
F. Approval of an Interlocal Agreement with the Kitsap Conservation District for Low Impact
Development and Water Quality Improvements
G. Excusal of Councilmembers Ashby and Diener Due to Personal Obligations
MOTION: By Councilmember Clauson, seconded by Councilmember Chang, to approve the consent
agenda as amended.
The motion carried.
5. PRESENTATION
No presentations were held.
6. PUBLIC HEARING
No public hearings were held.
7. BUSINESS ITEMS
A. Adoption of an Ordinance Adopting the Revised Exhibit A to the Interim Self-Storage Facilities
Ordinance
MOTION: By Councilmember Lucarelli, seconded by Councilmember Rosapepe, to approve an
ordinance adopting the revised Exhibit A to the interim self-storage facilities ordinance, as presented.
The motion carried.
Page 122 of 130
Minutes of June 26, 2018
Page 3 of 6
(Ordinance No. 019-18)
B. Adoption of an Ordinance Adopting Revisions to Port Orchard Municipal Code Title 12 for
Consistency with Resolution No. 030-17 Administrative Fee Schedule
MOTION: By Councilmember Rosapepe, seconded by Councilmember Chang, to adopt an ordinance
adopting the revisions to Title 12 POMC, as presented.
The motion carried.
(Ordinance No. 020-18)
C. Adoption of a Resolution Approving a Contract with BHC Consultants for the 2018-2020 Well
No. 13 Final Ad Ready Design, Permitting, Bid Support and Construction Administration
Services
MOTION: By Councilmember Lucarelli, seconded by Councilmember Rosapepe, to adopt Resolution
No. 022-18, thereby approving Contract No. C039-18 with BHC Consultants for the 2018-2020 Well
No. 13 Final Ad Ready Design, Permitting, Bid Support, and Construction Administration in an
amount not to exceed $917,910.00 and documenting the Professional Services procurement
procedures.
The motion carried.
(Resolution No. 031-18 and Contract No. 039-18)
D. Approval of Change Order No. 3 to Contract No. 037-17 with Active Construction Inc. for the
Tremont Street Widening Project
MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to authorize the
Mayor to execute Change Order No. 3 with Active Construction, Inc. in an amount not to exceed
$116,889.50, with a corrected Change Order No. 3 to be brought back to Council for final ratification.
The motion carried.
E. Approval of a Contract with Northwest Urban Law PLLC for Land Use Legal Counsel
MOTION: By Councilmember Clauson, seconded by Councilmember Chang, to approve a contract
with Northwest Urban Law Group.
The motion carried.
(Contract No. 052-18)
Page 123 of 130
Minutes of June 26, 2018
Page 4 of 6
F. Approval of Amendment No. 2 to Contract No. 018-16 with Lighthouse Law Group PLLC, for
City Attorney Services
MOTION: By Councilmember Clauson, seconded by Councilmember Rosapepe, to approve
Amendment No. 2 to Contract No. 018-16 with Lighthouse Law Group for City Attorney Services as
presented.
The motion carried.
G. Discussion: Hanley Property-Proposed Kitsap County Comprehensive Plan Amendment
Community Development Director Bond spoke to the Hanley Map Amendment and the previous
Council vote made on June 12, 2018, to send a comment letter to Kitsap County on the proposed
rezone and comp plan amendment. The letter presented moved but the discussion of the Council
and context of letter did not align. Community Development Director Bond worked with Mayor
Putaansuu to draft revisions, as shown in redline version presented. Advisement is for a motion to
be made to send the revised letter to the County, and withdrawal previous letter.
MAIN MOTION: Councilmember Clauson, seconded by Councilmember Lucarelli, to direct staff to
finalize and send the revised attached letter to Kitsap County regarding the Hanley Comprehensive
Plan Amendment as presented.
Councilmembers and staff discussed reemphasizing the City’s support in the last paragraph, and the
County’s process for accepting the letter.
AMENDED MOTION: Councilmember Chang, seconded by Councilmember Rosapepe, to amend the
letter by pulling out the sentence beginning with “however” and making it the last paragraph, subject
to any grammatical changes the staff may see as appropriate.
The amended motion carried.
The main motion carried.
H. Approval of an Interlocal Agreement with the Kitsap Conservation District for Low Impact
Development and Water Quality Improvements
MOTION: By Councilmember Rosapepe, seconded by Councilmember Chang, to authorize the Mayor
to execute an Interlocal Agreement (ILA) with the Kitsap Conservation District for Low Impact
Development and Water Quality Improvements.
Page 124 of 130
Minutes of June 26, 2018
Page 5 of 6
Councilmembers and staff discussed aid for private property owners, which would be through the
Kitsap Conservation District.
The motion carried.
(Contract No. 051-18)
8. REPORTS OF COUNCIL COMMITTEES
Councilmember Clauson reported the Finance Committee is scheduled to meet July 24th at 5:15pm.
Councilmember Rosapepe reported the Economic Development and Tourism Committee is
scheduled to meet July 9th.
Councilmember Lucarelli reported the next Utilities Committee meeting is scheduled on July 16th.
The next Sewer Advisory Committee meeting is scheduled for July 18th. The next Festival of Chimes
and Lights Committee meeting is scheduled for July 16th.
Councilmember Cucciardi reported the next Land Use Committee has not yet been scheduled.
9. REPORT OF MAYOR
There was no report of the Mayor.
10. REPORT OF DEPARTMENT HEADS
Public Works Director Dorsey provided project updates on Bay Street Pedestrian Pathway, Tremont
Street Widening, McCormick Park Phase II, and Well No. 9.
Councilmembers and staff discussed the Tremont Street Widening Project traffic mitigation efforts.
Community Development Director Bond reported on a draft letter regarding the project near
Sunnyslope and requested Council response to made by July 5th.
11. CITIZENS COMMENTS
Gerry Harmon asked about the temporary stop signs, located near the automotive business on
Sidney, being made permeant. Also, asked about the traffic from Sunnyslope to Highway 3 near
Belfair.
Councilmembers and staff determined the area being discussed as the intersection of Sidney and
Lippert, to which the city is looking into making the stop signs permanent. As far as the other location
Page 125 of 130
Minutes of June 26, 2018
Page 6 of 6
near Sunnyslope, stated that is State Highway and is unsure any work they may or may not working
on.
12. EXECUTIVE SESSION
No executive session was held.
13. ADJOURNMENT
The meeting adjourned at 7:18 p.m. No other action was taken. Audio/Visual was successful.
Jenine Floyd, CMC, Deputy City Clerk Shawn Cucciardi, Mayor Pro Tempore
Page 126 of 130
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Business Item 7F Meeting Date: July 10, 2018
Subject: Letter of Support to PSRC: Funding for Prepared by: Nicholas Bond, AICP
Kitsap Transit Project for Ferry Terminal DCD Director
Preventive Maintenance Atty Routing No.: **
Atty Review Date: N/A
Issue: Kitsap Transit is requesting $418,209 from the Puget Sound Regional Council (PSRC) for preventive
maintenance of Kitsap Transit’s passenger-only ferry terminals. Part of the funding will be used for the foot
ferry service that serves the Bremerton/Port Orchard area, and part will be used for the fast ferry terminals
which provide commuter services to Seattle. The PSRC supports the request and is expected to approve
these projects on July 26, 2018. The PSRC has requested public comment on this project prior to the
approval date.
The City of Port Orchard greatly benefits from the passenger-only ferry services provided by Kitsap Transit.
The foot ferries at downtown Port Orchard and Annapolis provide daily transit service to downtown
Bremerton, and the Bremerton to Seattle fast ferry provides a quick transportation option for daily
commuters and tourists. Ongoing maintenance of the passenger ferry terminals is essential for Kitsap
Transit to continue providing high-quality ferry transit service that benefits the City. At the direction of the
City Council, the Mayor has prepared a letter to the PSRC in support of Kitsap Transit’s funding request.
Relationship to Comprehensive Plan:
Policy LU-24 Encourage the expansion of transit networks that enable both incorporated and unincorporated
neighborhoods outside of the city to access job centers within Port Orchard.
Policy ED-3 Encourage new economic development opportunities that utilize regional infrastructure, including
highway, rail, aviation, and marine links between Port Orchard, the Puget Sound Industrial Center-Bremerton, the
Port of Tacoma, Naval Base Kitsap and the greater region.
Policy ED-16 Recognize and encourage tourism as a growing contribution to the economic diversity of Port
Orchard.
Policy ED-36 Support increased Kitsap Transit bus and foot ferry service during evenings and weekends year-
round.
Policy TR-4 Prioritize transportation improvements, including non-motorized transportation and mass transit
facilities, within designated centers of local importance.
Page 127 of 130
2
Policy TR-13 Work with Washington State Department of Transportation, Kitsap Transit, and the private sector
to seek additional state and federal grant revenues for infrastructure improvements.
Recommendation: Staff recommends that the City Council vote to authorize the Mayor to send the letter to
the Puget Sound Regional Planning Council in support of Kitsap Transit’s ferry terminal preventive
maintenance project, as presented.
Motion for consideration: “I move to authorize the Mayor to send the letter to the Puget Sound Regional
Planning Council in support of Kitsap Transit’s ferry terminal preventive maintenance project, as presented.”
Fiscal Impact: This proposal is not expected to impact the City’s budget.
Alternatives: Revise the letter; or, do not send a letter.
Attachments: Draft Letter of Support
Page 128 of 130
CITY OF PORT ORCHARD
Mayor
216 Prospect Street, Port Orchard, WA 98366
Voice: (360) 876-4407 • Fax: (360) 895-9029
rputaansuu@cityofportorchard.us
www.cityofportorchard.us
July **, 2018
Kelly McGourty
Puget Sound Regional Council
1011 Western Avenue, Suite 500
Seattle, WA 98104-1035
Re: Kitsap Transit Project for Passenger Ferry Terminal Preventive Maintenance
Addition to PSRC Regional Transportation Improvement Program
Dear Ms. McGourty:
The City Council of Port Orchard wishes to express its support for the above-described project, which is
proposed to be added to the PSRC’s Regional Transportation Improvement Program on July 26, 2018.
The City of Port Orchard greatly benefits from the passenger-only ferry services provided by Kitsap Transit.
The local passenger ferries that serve Port Orchard and Annapolis transport commuters from Port Orchard
and Bremerton to jobs and services in each city and connect Port Orchard riders with additional local and
regional transit options in Bremerton. The fast passenger ferry from Bremerton to Seattle enables Port
Orchard residents to quickly and easily travel to Seattle and encourages “quick getaway” tourism from
Seattle to the Kitsap peninsula. The fast ferry also supports the growing trend of Seattle-area workers who
seek to relocate to Port Orchard and Bremerton for less-expensive housing while continuing to work in
Seattle.
As the populations of Port Orchard and Bremerton continue to grow, there will be increased demand for
public transit services between these local cities and between the Kitsap peninsula and Seattle. Kitsap
Transit’s passenger-only ferries provide an efficient transit option which is faster than vehicular travel,
takes vehicle trips off local and regional roadways, and encourages local economic growth. The ongoing
maintenance of the passenger ferry terminals is essential for Kitsap Transit to continue providing high-
quality ferry transit. The City of Port Orchard therefore encourages the PSRC to include Kitsap Transit’s
passenger ferry terminal preventive maintenance project in the Regional Transportation Improvement
Program.
Sincerely,
Robert Putaansuu
Mayor
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