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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 Page 3 of 130 Minutes of June 19, 2018 Page 2 of 4 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 Page 4 of 130 Minutes of June 19, 2018 Page 3 of 4 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. Page 5 of 130 Minutes of June 19, 2018 Page 4 of 4 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 Page 6 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.: 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 Page 7 of 130 This Page Intentionally Left Blank Page 8 of 130 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 Page 9 of 130 Page 10 of 130 Page 11 of 130 Page 12 of 130 Page 13 of 130 Page 14 of 130 Page 15 of 130 Page 16 of 130 Page 17 of 130 Page 18 of 130 Page 19 of 130 Page 20 of 130 Page 21 of 130 Page 22 of 130 Page 23 of 130 Page 24 of 130 Page 25 of 130 This Page Intentionally Left Blank Page 26 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 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 Page 27 of 130 This Page Intentionally Left Blank Page 28 of 130 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 Page 29 of 130 Ordinance No. 018-18 Page 2 of 10 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) Page 30 of 130 Ordinance No. 018-18 Page 3 of 10 (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) Page 31 of 130 Ordinance No. 018-18 Page 4 of 10 (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. Page 32 of 130 Ordinance No. 018-18 Page 5 of 10 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 Page 33 of 130 Ordinance No. 018-18 Page 6 of 10 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. Page 34 of 130 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 Page 35 of 130 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 Page 36 of 130 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, Page 39 of 130 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) Page 40 of 130 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) Page 41 of 130 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 Page 42 of 130 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 Page 43 of 130 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. Page 44 of 130 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, Page 45 of 130 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 Page 46 of 130 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) ± Crawford Rd Parcels COM R12 R4.5 R8 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 SW OLD CLIFTON RDSTA TE HWY 1 6 SWTREMONT ST WLIESEKE LN SW SW C H A W L A C T ADVANTAGE AVELLOYD PKWYW STATE HWY 16S T A T E H W Y 1 6 E B O N R A M P S W MCCOOL PL SWSW DURFEY LN ROSS STSTATE HWY 16 WB OFF RAMP SWSW HANSON RD INDEPENDENCE PL SWSTATE HWY 16 SWSW OLD C LI F T O N R D W STATE HWY 16Old Clifton Road Amendment AreaProposed Change from Urban Industrial to Residential High (R20) ± Subject Parcels CF COM GB IND MXD R12 R20 R4.5 R8 Page 59 of 130 SW OLD CLIFTON RDSW C H A W L A C T MCCOOL PL SWINDEPENDENCE PL SWLIESEKE LN SW SW DURFEY LN Old Clifton Road Amendment AreaProposed Change from Urban Industrial to Residential High (R20) ± Subject Parcels Page 60 of 130 SE MILE HILL DR SE HORSTMAN RD OLNEY AVE SELIDSTROM RD SESE LOVELL STWHITTIER AVE SEORLANDO ST SE MAPLE ST RUSSELL AVE SEE CALI S T O G A C T SPRAGUE ST KIDD AVE SEHIGGINS RD SEHOLMES AVE SETIDEPOOL PL EFR E E D O M C T S E SE ORLANDO ST HUNTINGTON ST JACKSON AVE SEFIRCREST DR SEPAYSENO LN SEROOSEVELT AVE SEHARRISON AVE SETUFTS AVE EKELP PL EWENDELL AVE SELOWREN LOOP MEDALLION PL E COURAGE CT SEGLENMORE LOOP SE LOVELL ST Overlook Apartments Amendment AreaProposed Change from Residential Medium (R12) to Residential High (R20) ± Selected Parcels CF COM GB IND MXD R12 R20 R4.5 R8 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 F R E E D O M C T S E SPRAGUE ST HUNTINGTON ST WENDELL AVE SEE CALISTO G A C T 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 S i n c l a i r I n l e t HENRY HANSONSIDNEYADMIRALTYHEIGHTS HAMILTONUNNA M E D LOVELL STA T E H W Y 1 6 SIDNEYANDERSON HILLPONDEROSABETHELKIDDMCC O R M I C K W O O D S DECATU R BETHEL HARRISONSTATE HWY 304HIGGINSLONG LAKEHAWKSTONEOLD CLIFTON PAYSENOKARCHERLUMSDEN SONOMAFI R C R E S TROOSEVELT LONGV IEW COMPASSR U T H E R F O R D ADA JACKSONDECATURFERNSWEANY FLAIZ VILLATURLEYPROPERTY JOYCE SCOTLAND KENMORE HOPI SUNN FJORD JEFFERSONHAWTHORNEEARHART INWOODGUYWETZ E L CALEBSMITH FOXGLOVE L A P U S HDILLBAY WALESEVANS MITCHELLCHIVEPALMSURREYWILKINS HARRISONADVANTAGEMALIBUDWIGHT TAMARAC K HATHAWAYTRACY CABRIN ICLINEPANCHOVILLAGINSENG DAVIS MACCUBBINMARITIMEMARLYCESOUTH MERIFRONE REGENCYLUCILLELAUREL SHERMANCEDARANDASIO HEATHEROURVICTORYST ANDREWS LANDOVERST PAULSGUI L D F O R E HOLLY SPICEWOOD ROSS TENNIS ST ANNS MELCHER ALONAH WARNERSTATE HWY 3 HARRISONMALOTTLAZULI PINECONESANDBARDEKALB FLOWER MEADOWSPORT ORCHARDYORKS H I R E FAIRHARBORPROSPECT FIREWEED RUBYCOPPER CREEK KODAFLOWER ONALASKAMCCARYMAPLE PO R T1ST CONIFER PARK CORONETSROUFE ROCKWELLSTARVIEW RIVERSIDEST A T E H W Y 16 E B O F F PUGE TSOUN D NAUTICAL KELBYMAY HARBOR DUTCHESSCONVERSE BASILSEATTLEBAY HUNTINGTON SERENADE SALMONBERRY ANNIES CONVERSE BERGER REG E N C Y KITSAP STATE HWY 3BERGERSUNNYSLOPEROBERTGEIGER FOSS1ST SAM CHRISTOPHERSONFRONTFIRMONT FERNWOODSTATE HWY 3BECKYMEADOWBALSAMFIR T O B E R M O R Y LL O Y D MAHALILIDSTROM HILL EARLS SWEANY PARKINGTONFREDERICKNOVAKPICKFORDHASTI N G S NORTHVALENTINEGUYWETZEL S E Q U O I A VALE KINSLEY ATKINSONRUTHERFORD BRANSONVILLACARMEL GUTHRIE 4TH ST R A T H M O R E WHITTIERLUNDSTATEHWY 16AHERNZACHARY GALEEL WARBLER CONVERSE DWIGHT WESTQU A R R Y MALTESE MARI T I M E SILKTASSEL CHANTINGBELLINGHAMAZTEC GREENGATECHARLESTONBEACHCASECOSEDGWICK LOOPOLD CLIFTO N BERGER TREMONT CHERISHJONES SUMMIT ARNOLDPHILLIPSGARRISONEASTVIEWMUIRCHATTERTONWOLVES MORTON DIVISION RITZ BAYC R E S T CEDARCANYON MAHA N MURRELETCHES T E R SWIFTLODGEPOLEPAR FORECOL B E R T EASTWOODPARKBUCKINGHAM STAT I O N PERDEMCO TAYLOR GREBE DEKALB VISTA RAMACLEVELAND DIVISION STOC K T O N GRANDRIDGETROO N TAYLOR OLYMPICSUTTONW E S T M I N S T E RSKYLINE LEORAPARK HARDINGBANDERAA W A T E R STATEHWY 16ANDERSON3RD PHIPPS ROXBURGHELOWRENSCHERMERHORNNAUTICAL COVESHORTSISKINORLANDO MILEHILLBA R T O L A T Z BECK ASHRIDGEB EAGLECREST DEKALB HI L L R I D G ERETSIL AZALEA HASTINGS BROOK GRANDRID GE TAYLOR BETHEL BURLEYNOR T H V A N D E C A R RHODODENDRON CA S T L E T O N W E S T M I N S T E R KCVELADANAPORTSIDEWINDSORHARRISONCHAW L A RAINSHADOWCAR LPICK E L PHILLIPSHIGHEVER E T T WESTAU S T I N GALWAYKRISTA SAMNICHOLS NORTHVIEW THIMBLEBERRYSTETSONWIGEONVILLAGESWEETHOME REDWOOD HALESCAROLSTARLETSINCLAIRVIEW HAROLDGLENNHIGHVIEWSTARBOARDOLDCLIFTON PINE TREEDUSTYCH O W C H I L L A UNNAMED TIFFANY TIBURON HEPBURN HOWARDDIONASPROSPECT SEDGWICKHULLAUSTINGRANT 1ST GARFIELDGILLETTEBILLJABIR I N CELESTEMELCHER SEATTLEESSEXALDER ABI G A I L JERRY CARMAE TENBY ALPHA CAMELLIA DESOTOGLENWOODCOLLINS HIDDENTERRACEVALE CHASETAYLOR HIGGINSVIOLETWESTVAUGHNKE L L S DOWNING LUMSDENMEDALLION LANCASTER SHELTON VILLAGE COLVEA LAKEVIEWDEKALB 2ND RUS T L E W O O D MILE HILL SONOMADUND E E CAMERON BERRY LAKE CASAN D R A LAURALARCH SHERMANMYSTERYFEIGLEYDIVISIONSWEANY COLVEA KENDALL PLEASANT GRANTHOLMESFIRCRESTABERNATH Y FERN VISTA MCKINLEYCRABBCEDARRIDGEDIAM O N D GARDEN2NDINWOOD SMITH GAZEBO DRAGONDIVISION HAWTHORNEHI D D E N CR E E K CAMPBELLBARNES DWIGHT ORCHARD BIRCH3RDCHASEWOOD WILLOW IRVIN ROSEASHKENT CALAVERAS MARCIA CALEBKITSAP HARRISONKELPCLAY SAGE S O L I D POTTERYCONVERSEDUCHESSMAPLEREES E FAY PIONEERILLINOIS MELCHER LANCASHIRE CRAWFORD LANDSUMMIT SALMONBERRY LIDSTROMFREIGHTEROREGONKENMORE KELLSBERWICKOAKHURSTSTATEHWY 16EB OFFREDFOX RAMSEYWENDELLKELBY EDWARDSCROSSWAY CELESTEVIVIAN44TH ECHO ORLANDO LAWR E N C E VIKINGEGRET SHAWNSEAHAWKS ASPE N CEDARCRESCENTRED SPRUCE HOOVERMCCORMICK WOODSFANTAILGRE E N D A L EBAYVIEW S I L V E R V I EW NESS ANDASIOCOMPASSBIRCHCEDARCATALPALAND I S ELWOOD MORITZ LORILINDA EMPRESSFARRAGUT PACIFICFIRSBRADYARDENWALDLINCOLNMARYMACSTANWICK CRESTBLACKBERRY HILLASPEN BOB KILLEENWILLIAMS PHILLIPSBETHELVALLEY MOOREA OURBRASCHWESTPENNSWOOD ARIE LIDSTROMGOLDMAUR GRANAT LA LINDASUMMER GRANDFIRAMELIA FISCAL MCCALLALSONDELTORMEY STEWBURNER KERRI GREENTREESUNSET GR EGO R Y BOTHWELLFLOWER WESTWOODPINE TREE SAXON DOVER LAFOLLETTEBALTRAY BETHELVALLEY TRAVERA POLARSTAR RUSSELLDURANDWATERFEDDO C KSINCLAIRCELEBRITYLODGEPOLEWATERSHEDCARRNINALI M E R I C K CEDARVALE ALDERPONDEROSA ROYALWOODRIFLEBIRD SQUARELAKEPLISKO PLYMOUTH WASHINGTON O K A N O G A N CABRINI VIRIDIAN CARMA EVICTORY VAN SKIVER JUNIPER SHIPVIEW CANYONBELF O R D TRE M O N TCHARLESTONBEACH INWOODWESTLAGUNAF O X W O O D SK M A L L ACCE S S CHESTERTON GLENEAGLESHAM R O C K GREENBRIAR BONNIEVILLEROLANDZIONCREEK VIEWGOLDENRODSAGE BIRCH W E S T L A N DWILKINSSPOKANEBELFAIR VALLEY INDIGOPOINTEYAKIMA LUNDBERG INDEPENDENCEAUDREYREDEMPTIONARTMIKELSENKIRA FORESTPARKTACOMA PORTLANDBEECHCRESTCATHIE PIPERBERRY WHITECEDARHARRIET SAND DOLLAR ROOSEVELTRAINBOWRIDGEWINDYSONG THORSONGARRISONDALEA CASTLEWOOD DAL L A S YOSEMITEPIERSON H A Y W O R T H LAKE FLORALONE BEARAIKENGARRISONDEAN LOVELLSOUNDRIDGE RHAPSODYDEVONSHIREFLOWERFRONTAGE SPRAGUE TIDEPOOLSKIPPINSTONETURLEYFR E E D O M HILLBRAMEISABELLETOBERMORYCA L I S T O G A KEL O W N A BEAUTY LAKEGROVEWOOD RADEY COURAGECLAIR DUN R A V E N EISENHOWERHANSON NAVIGATION JOSHUA ARLINGTONELLISMANSFIELDH E R O N RI D G E PARSONSGREENGRIFFITHSJARSTAD RIDGE ROCK CAVALRY MARBETH MCCOOLOLIVINECONVERSEEMELIAEHLERTWOODSFRONTAGELIPPERT LIDERVISTAKEPPEL TUMBLEWEEDOBRIAN MADRONABEACHPROSPECT OLN E Y B E N SFRONE TAFT BAKKENAH L S T ROM BRAVOCRESTH I G H E R G R O U N D VAN DECARCAMAS DELIALEADERINTERNATIONALGREENSHORES STATE HWY 16 KARLI PARKSTONECANYONGRA N A D AJOSLIN HERSHEYHUDSON SCENICVIEWDOGWOOD BLUEBERRY POPLAR GOLDEN POND FLOWERMEADOWSWYNSTONE JAYBIRDHARPER RICHMOND MARLINAIKENJASONDURFEY KODA STATE HWY 3 D O G W O O D HI L L S A L M O N B E R R Y C R E E K R A M A STATEHWY 16 SUNNYSLOPECLOVER VA L LEYHARRISTURNBERRY BASSWOOD VALLAIR SPRAGUECHANTINGPOT HOLEBANCROFT CONCEPTSEIFORDSYLVIS CLOVER VALLEYSTATE HWY 16 WB ONWEATHERSCARLSONEMERALDHILLS LOWR E N BIELMEIER WHITECAP ESTONIAHILLWOOD HONEY HORSTMAN KERRYWINTER SPRINGS SHERLYNEVERGREENHOOVERPARKWOODMAPLEIVES MILL FOREST VILLA MILLERPRESTWICK COLONIALGEIGERSUNSHINE COUNTRY CLUBMELINE BRIARWOODS T A T E H W Y 1 6 W B O NSTATE HWY 16 WB OFFSTATE HWY16 WB OFF HOVDE FERATEROSE SOUTH K I T S A P C E D A R DEPOTSTATE HWY 3CHARLESTONCASECOST A T E H W Y 16 E B O N WENTWORTHTROONCOOK PIONEERBROADSTONEHAWKS NESTSTATE HWY 16 STATE HWY 16 EB OFFSTR A T H M O R E VALLEY VIEWBAKERTUFTSST A T E H W Y 16 E B O N WEXFORD S T A T E H W Y 1 6 MUIRKIRKSTATE HWY 3MARTELL MOBILE FIRMONTDONATO S T A T E H W Y 1 6 PERRYCARL PICKELSALMONBERRYFRANWAYSHERMAN HEIGHTSWEYERS LIE S E K ESTATE HWY 304CAMPUSSTEAMBOATST A T I O N DEEP LAKE SCHWEITZERComprehensive Plan Designation Commercial Greenbelt High Density Residential 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 This Page Intentionally Left Blank 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 S i n c l a i r I n l e t HENRY HANSONSIDNEYADMIRALTYHEIGHTS HAMILTONUNNA M E D LOVELL STA T E H W Y 1 6 SIDNEYANDERSON HILLPONDEROSABETHELKIDDMCC O R M I C K W O O D S DECATU R BETHEL HARRISONSTATE HWY 304HIGGINSLONG LAKEHAWKSTONEOLD CLIFTON PAYSENOKARCHERLUMSDEN SONOMAFI R C R E S TROOSEVELT LONGV IEW COMPASSR U T H E R F O R D ADA JACKSONDECATURFERNSWEANY FLAIZ VILLATURLEYPROPERTY JOYCE SCOTLAND KENMORE HOPI SUNN FJORD JEFFERSONHAWTHORNEEARHART INWOODGUYWETZ E L CALEBSMITH FOXGLOVE L A P U S HDILLBAY WALESEVANS MITCHELLCHIVEPALMSURREYWILKINS HARRISONADVANTAGEMALIBUDWIGHT TAMARAC K HATHAWAYTRACY CABRIN ICLINEPANCHOVILLAGINSENG DAVIS MACCUBBINMARITIMEMARLYCESOUTH MERIFRONE REGENCYLUCILLELAUREL SHERMANCEDARANDASIO HEATHEROURVICTORYST ANDREWS LANDOVERST PAULSGUI L D F O R E HOLLY SPICEWOOD 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PARKSTONECANYONGRA N A D AJOSLIN HERSHEYHUDSON SCENICVIEWDOGWOOD BLUEBERRY POPLAR GOLDEN POND FLOWERMEADOWSWYNSTONE JAYBIRDHARPER RICHMOND MARLINAIKENJASONDURFEY KODA STATE HWY 3 D O G W O O D HI L L S A L M O N B E R R Y C R E E K R A M A STATEHWY 16 SUNNYSLOPECLOVER VA L LEYHARRISTURNBERRY BASSWOOD VALLAIR SPRAGUECHANTINGPOT HOLEBANCROFT CONCEPTSEIFORDSYLVIS CLOVER VALLEYSTATE HWY 16 WB ONWEATHERSCARLSONEMERALDHILLS LOWR E N BIELMEIER WHITECAP ESTONIAHILLWOOD HONEY HORSTMAN KERRYWINTER SPRINGS SHERLYNEVERGREENHOOVERPARKWOODMAPLEIVES MILL FOREST VILLA MILLERPRESTWICK COLONIALGEIGERSUNSHINE COUNTRY CLUBMELINE BRIARWOODS T A T E H W Y 1 6 W B O NSTATE HWY 16 WB OFFSTATE HWY16 WB OFF HOVDE FERATEROSE SOUTH K I T S A P C E D A R DEPOTSTATE HWY 3CHARLESTONCASECOST A T E H W Y 16 E B O N WENTWORTHTROONCOOK PIONEERBROADSTONEHAWKS NESTSTATE HWY 16 STATE HWY 16 EB OFFSTR A T H M O R E VALLEY VIEWBAKERTUFTSST A T E H W Y 16 E B O N WEXFORD S T A T E H W Y 1 6 MUIRKIRKSTATE HWY 3MARTELL MOBILE FIRMONTDONATO S T A T E H W Y 1 6 PERRYCARL PICKELSALMONBERRYFRANWAYSHERMAN HEIGHTSWEYERS LIE S E K ESTATE HWY 304CAMPUSSTEAMBOATST A T I O N DEEP LAKE 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 Page 73 of 130 Business Item 7D Page 2 of 2 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. Page 74 of 130 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. Page 75 of 130 Resolution No. 0**-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 10th day of July 2018. Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk Page 76 of 130 Page 1 of 19 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 Page 77 of 130 Page 2 of 19 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 Page 78 of 130 Page 3 of 19 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. Page 79 of 130 Page 4 of 19 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”). Page 80 of 130 Page 5 of 19 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 Page 81 of 130 Page 6 of 19 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: Page 82 of 130 Page 7 of 19 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. Page 83 of 130 Page 8 of 19 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. Page 84 of 130 Page 9 of 19 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. Page 85 of 130 Page 10 of 19 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. Page 86 of 130 Page 11 of 19 (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. Page 87 of 130 Page 12 of 19 (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; Page 88 of 130 Page 13 of 19 (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 Page 89 of 130 Page 14 of 19 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 Page 90 of 130 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. Page 91 of 130 Page 16 of 19 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. Page 92 of 130 Page 17 of 19 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 Page 93 of 130 Page 18 of 19 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: ________________________ Page 94 of 130 Page 19 of 19 EXHIBIT LIST EXHIBIT A — Legal Description EXHIBIT B — Property Depiction Page 95 of 130 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. Page 96 of 130 Exhibit B Page 97 of 130 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 Page 99 of 130 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 https://www.cityofportorchard.us/640-bay-street-rfp/5/7 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  Helpful Share Size Translate Contact 216 Prospect Street Port Orchard, WA 98366 Phone: (360) 876-4407 Hours: 8:00 a.m. - 4:30 p.m. Monday-Friday Directory (/contact) Feedback (/feedback) Accessibility (/accessibility-commitment) Sitemap (/sitemap) Subscribe Subscribe to our general news & public notices. Subscribe to more lists > (/subscribe) Enter email Subscribe 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 Page 108 of 130 Page 109 of 130 Page 110 of 130 Page 111 of 130 Page 112 of 130 Page 113 of 130 Page 114 of 130 Page 115 of 130 Page 116 of 130 Page 117 of 130 Page 118 of 130 Page 119 of 130 This Page Intentionally Left Blank 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 Page 129 of 130 This Page Intentionally Left Blank Page 130 of 130