11/09/2010 - Regular - Packet' - City Council Meeting Agenda
November 9, 2010
CITY OF PORT ORCHARD 7: 00 P.m.
Mayor:
Lary Coppola 1. CALL TO ORDER
Administrative Official A. Pledge of Allegiance
Councilmembers:
Fred Chang 2. CITIZENS COMMENTS
Chair: LTAC
Staff. Clerk's office Please limit your comments to 3 minutes for items not up for Public Hearing. When
EconomicDev/Tourism Committee recognized by the Mayor, please state your name and address for the official record
Public Property Committee (please complete the sign -in sheet located in the hallway).
Jerry Childs /
Chair: Economic Dev Tourism 3, APPROVAL OF AGENDA
Committee
Staff. Clerk's office 4• CONSENT AGENDA
Finance Committee
(Approval of Consent Agenda passes all routine items listed below, which have been
John Clauson distributed to each Councilmember for reading and study. Consent Agenda items are not
Chair: Finance Committee considered separately unless a Councilmember so requests. In the event of such a request,
Staff. City Treasurer
Utilities/SAC Committee the item is returned to Business Items.)
Kitsap County Health A. Approval of Claim Warrants and Payroll
Jim Colebank B. Approval of the October 26, 2010, Council Meeting Minutes
EconomicDev/Tourism Committee C. Setting Meeting for Work Study Session to November 16, 2olo, at 7:00
KRCC/PSRC/KEDA/PRTPO p.m. at City Hall (Kirkpatrick)
Fred Olin D. Adoption of Resolution No. 038-1o, Revising the Job Descriptions for the
Chair: Public Property Committee Positions of Human Resource Coordinator and Treasurer (Martin)
Staff. Planning Department
Utilities/SAC Committee E. Approval of Contract No. o65-1o, Authorizing the Mayor to Execute an
Carolyn Powers Agreement with Gordon Sound Production for Sound System during the
Public Property Committee Festival of Chimes and Lights (Kirkpatrick)
KRCC/TransPol
Rob Putaansuu 5. PRESENTATION
Chair: Utilities Committee A. Proclamation: National Pancreatic Cancer Awareness Month
Staff. Public Works Department B. South Kitsap Water Reclamation Facility 2o11 Budget — Larry Curles
Finance Committee
KitsapHousing Authority
SCCommittee 6. PUBLIC HEARING
SAC Committee
Department Director: A. McCormick Division Three Development Agreement with GEM 1, LLC
Patti Kirkpatrick, CMC (Weaver)
Administrative Services B. Regarding Street Vacation of a Portion of the Alley Located in the Plat of
City clerk Pottery Hill Addition to Sidney (Kirkpatrick)
Allan Martin
City Treasurer 7. BUSINESS ITEMS
Debbie Hunt A. Approval of the October 19, 2010, Work Study Session Minutes
Court Administrator B. Adoption of Ordinance No. 021-1o, Approving Street Vacation of a Portion
James Weaver of the Alley Located in the Plat of Pottery Hill Addition to Sidney
Development Director (Kirkpatrick)
Al Townsend C. Adoption of Ordinance No. 022-10, Setting the amount of Property Tax to
Police Chief be Levied for Year 2011, Including Administrative Refunds (Martin)
Mark Dorsey, P.E. D. Adoption of Resolution No. 039-1o, Approving a Special Funding
Public Works Director Allocation From the Community Events Fund 107 and Authorizing any
City Engineer 2olo Ending Cash Balance to be Carried over as Reserves for 2011
Contact us: (Kirkpatrick)
216 Prospect Street
Port Orchard, WA 98366
(36o) 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.citofportorchard.us or by contacting the City Clerk's office, 36o.876.4407
November 9, 2010, Meeting Agenda Page 1 of 2
E. Adoption of Resolution No. 040-1o, Authorizing the Mayor to Execute an Interlocal Agreement with
GEM 1, LLC for the Development Standards and Processing of the McCormick North Platt, Division III
(Weaver)
F. Approval of Contract No. o66-1o, Relating to an Interagency Agreement for Transfer Development
Rights (TDR) Grant Program with the Department of Commerce (Weaver)
G. Approval of Local Agency Agreement No. 5 to Contract No. 011-05, Authorizing the Mayor Pro-Tem to
Execute Agreement No. 5, regarding the Tremont Street Widening Project for Additional Right -of -Way
Acquisitions Funds with the Washington Department of Transportation (Dorsey)
H. Approval of Contract No. o67-1o, Authorizing the Mayor to Execute an Agreement with CodePros for
Building Code Inspection Services (Weaver)
I. Approval of the South Kitsap Water Reclamation Facility's 2011 Budget (Martin)
8. REPORTS OF COUNCIL COMMITTEES
9. REPORT OF MAYOR
1o. REPORT OF DEPARTMENT DIRECTORS
A. Update: Tremont Corridor (Dorsey)
B. Update: Annexations (Weaver)
11. CITIZEN COMMENTS
(Please limit your comments to 3 minutes for items not up for Public Hearing. When recognized by the Mayor,
please state your name and address for the official record. It is asked that you do not speak on the same matter
twice.)
12. EXECUTIVE SESSION: Pursuant to RCW 42.30.11o, 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 Committee:
Budget Meeting November 10, 2010 City Hall
6:30 p.m.
Budget Meeting November 12, 2010 City Hall
7:30 a.m.
Tourism Committee
November 10, 2010
City Hall
5:30 p.m.
Utilities Committee
November 24, 2010
Myhre's
7:30 a.m.
Sewer Advisory Committee (SAC)
November 17, 2010
S.K.W.R.F.
6:30 p.m.
Public Property Committee
November 9, 2001
Myhre's
7:30 a.m.
Work Study Session
November 16, 2010
City Hall
Includes Proposed 2011 Budget Discussion
7:00 p.m.
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, 36o.876.4407
November 9, 2010, Meeting Agenda Page 2 of 2
City of Port Orchard
Council Meeting Minutes
Regular Meeting of October 26, 2010
i. CALL TO ORDER AND ROLL CALL
Mayor Lary Coppola called the meeting to order at 7:00 p.m. Mayor Pro-Tem Rob
Putaansuu and Councilmembers Fred Chang, Jerry Childs, John Clauson, Jim Colebank,
Fred Olin, and Carolyn Powers were present and constituted a quorum. City Clerk
Kirkpatrick, Police Chief Townsend, Public Works Director Dorsey, Treasurer Martin,
Development Director Weaver, Deputy Clerk Rinearson, and City Attorney Jacoby were also
present.
A. Pledge of Allegiance
Ron Bates led the audience and Council in the Pledge of Allegiance.
2. CITIZENS COMMENT
Ron Bates voiced his opposition of the budget being approved, as he thinks it should wait
until after the election.
3. APPROVAL OF AGENDA
The following item was added to Business Items:
• Discussion: Council Email
Councilmember Olin MOVED and Councilmember Putaansuu seconded the
motion to approve the Agenda as amended. Upon vote, the motion passed
unanimously.
4. APPROVAL OF CONSENT AGENDA
A. Approval of Claim Nos. 54412 through 54464 in the amount of $137,660.53
B. Approval of the October 12, 2010, Council Meeting Minutes
Councilmember Olin MOVED and Councilmember Clauson seconded the
motion to approve the Consent Agenda. Upon vote, the motion passed with six
affirmative votes and one abstaining vote. Councilmember Colebank cast the
abstaining vote.
5. PRESENTATION
There were no presentations.
Minutes of October 26, 2010
Page 2 of 7
6. PUBLIC HEARING
A. Anticipated 2oii City Budget Revenue Sources
City Treasurer Martin presented the staff report, noting the City legislative body is required
to hold a Revenue Sources Hearing on current expense budget revenue sources for the
coming year's budget, including consideration of possible increases in property tax
revenues. The hearing is required before the legislative body votes on a property tax levy
for the upcoming year. The deadline for setting the levy for property tax collection for 2011
is on or before November 30, 2011; and this hearing will lead to an ordinance being
forwarded to the Kitsap County Assessor along with a Levy Certification in order to set the
tax levy for 2oii. Further, Mr. Martin clarified that "current expense budget" means that
budget which is primarily funded by taxes and charges and reflects the provision of ongoing
services. It does not mean the capital, enterprise, or special assessment budgets.
In response to Councilmember Chang, Treasurer Martin stated that the Hotel/Motel Tax is
a separate fund, Community Fund 107, and that it is not part of the general fund, has its
own bank account, and its own budget process.
In response to Councilmember Colebank, Treasurer Martin clarified that the City imposes a
1% sales tax and that after the State takes its share the City receives .84%.
In response to Councilmember Clauson, Treasurer Martin stated that the library levy would
affect property taxes in 2012, with the cutoff being August ist.
Mayor Coppola opened the Public Hearing at 7:36 p.m.
In response to Gil Michael, Treasurer Martin explained that the 1% sales tax the City
receives is not a new tax.
There being no further testimony, Mayor Coppola closed the Public Hearing at 7:38 p.m.
7. BUSINESS ITEMS
A. Adoption of Resolution No. 035-10, Granting Final Plat Approval for a 13
Lot Plat Known as McCormick Woods Division 15
Development Director Weaver presented the staff report, noting the site is legally identified
as "Tract T' McCormick Woods Second Amended Plat and was subsequently short platted
into four lots (Vol. 20, Pg. 56). The final plat is consistent with previously approved
Preliminary Plat of Tract T' McCormick Woods Second Amended Plat and the McCormick
Woods Master Plan approved in December 1985 with associated FEIS dated August 1985.
The proposal is creating 13 single family residential lots on 9.13 acres. The applicant has
Minutes of October 26, 2010
Page 3 of 7
installed or bonded for roads, sewer, and storm drainage improvements. Streets within this
final plat are private and are not to be accepted into the City's road system nor do they
expect to be. This tract is formerly known as Kenmore Court at McCormick Woods and was
vacated by City Council Resolution No. 017-10.
Councilmember Childs MOVED and Councilmember Colebank seconded the
motion to adopt Resolution No. 035-10, granting final plat approval for
McCormick Woods Division 15. Upon vote, the motion passed unanimously.
B. Adoption of Resolution No. 036-10, Accepting the Bid for Multi -Space
Parking Pay Stations with DGM Controls of Seattle
Police Chief Townsend presented the staff report, noting as part of the 2oio annual
operating budget, the Police Department budgeted for a switchover to the electronic multi -
space parking pay stations. The requirements for the pay stations were advertised for bid
on July 16, 2oio and August 13, 2010, with sealed bids due on August 27, 2010.
On August 27, 2010, the City Clerk received a total of one (1) written bid. The bid was a
qualified bid and was from DGM Controls of Seattle for 2 Parkeon Pay and Display Systems
with an option for a third unit at a cost not to exceed $15,000 per unit, which includes all
sales tax, permitting, shipping, installation, and first years annual maintenance fees. The
purchase price is within the amount budgeted.
In response to Councilmember Chang, Police Chief Townsend stated the yearly
maintenance fee of the parking pay stations after the first year is approximately $540 per
year per unit.
Councilmember Chang voiced his opposition of the downtown parking pay station, as it will
not accommodate cash customers.
Councilmembers Olin and Colebank voiced their support for the downtown parking pay
station, noting it will reduce possible theft or damage to the machines and it would be a
more efficient and productive use of City staff.
In response to Councilmember Clauson, Chief Townsend will bring the increase in parking
fees before the Council in January, as staff was in the process of converting the parking
resolution into an ordinance.
Councilmember Olin MOVED and Councilmember Colebank seconded the
motion to adopt Resolution No. 036-10, accepting the Multi -Space Parking Pay
Stations bid as submitted by DGM Controls of Seattle, Washington in an
amount not to exceed $15,000 per unit, which includes all sales tax,
permitting, shipping, installation and first years annual maintenance fees with
Minutes of October 26, 2010
Page 4 of 7
funds allocated for this purpose from the City's general fund. Upon vote, the
motion passed with six affirmative votes and one dissenting vote.
Councilmember Chang cast the dissenting vote.
C. Adoption of Resolution No. 037-10, Authorizing the Planning Department
to Pursue Transfer Development Rights Program
Development Director Weaver presented the staff report, noting the Port Orchard Planning
Department was awarded by the Washington State Department of Commerce, a $91,000
planning grant to study a potential Transfer of Development Rights (TDR) Program. A
prerequisite for the completion of the grant contract is a Resolution of Support, directing
the Port Orchard Planning Department to pursue and analyze a potential TDR program as
part of the 2011 Department work program. The attached resolution has been reviewed and
approved by the Department of Commerce as satisfying the grant contract prerequisite and
would be submitted in combination with a subsequent signed grant contract.
In response to Gil Michael, Development Director Weaver explained that the public will
play a major role in the process as the study is put together.
Councilmember Clauson MOVED and Councilmember Putaansuu seconded
the motion to adopt Resolution No. 037-10, authorizing the Planning
Department to review a potential Transfer of Development Rights program in
2011. Upon vote, the motion passed unanimously.
D. Approval of Contract No. 064-10, Authorizing the Mayor to Execute the
Department of Justice, Bureau of Justice Assistance Memorial Grant for
Evidence Control and Automation
Police Chief Townsend presented the staff report, noting the police department has been
awarded a grant from the Department of Justice, Bureau of Justice Assistance Edward
Byrne Memorial Grant for $10,334 to be used for the purchase of equipment to enhance the
evidence control and automation in the Police Department.
Councilmember Colebank MOVED and Councilmember Childs seconded the
motion to approve Contract No. o64-10, authorizing the Mayor to Execute the
Department of Justice, Bureau of Justice Assistance Byrne Memorial Grant for
the purchase of equipment and software to enhance the Police Department's
evidence control and automation in an amount not to exceed$10,334• Upon
vote, the motion passed unanimously.
Minutes of October 26, 2010
Page 5 of 7
E. Approval of Change Order No. 11 to Contract No. 002-05, Regarding the
Tremont Widening Project with Berger/Abam Engineers, Inc.
Public Works Director Dorsey presented the staff report, noting the Plans, Specifications &
Estimate (PS&E) for the Tremont Street Widening Project is currently at approximately
95% completion. Utility coordination with PSE/Potelco, Qwest, Cascade Natural Gas, and
Wave Broadband Cable has recently been completed as well. Changes, corrections, and
modifications from the ExcelTech Constructability Review of the PS&E are being
incorporated within the utility coordination modifications. At this point, while right-of-way
acquisition is still the primary focus of the project, submittal of the revised 95% PS&E to the
Washington State Department of Transportation (WSDOT) for Local Program's (LP) review
and approval is on the critical path to "Shovel Ready" status. In order for WSDOT and
Berger/Abam to have adequate time and budget to complete this review and approval
process, Supplement No. 11 proposes to add contract time and existing budget carry-over
into 2011.
Councilmember Chang declared a potential conflict due to being employed with
Washington State Department of Transportation; however, he explained that he does not
stand to gain financially from this contract. There were no voiced objections from the
listening audience and/or the Council to his voting on this matter.
Councilmember Powers MOVED and Councilmember Olin seconded the
motion to approve Change Order No. 11 to Contract No. 002-05, with
Berger/Abam Engineers, Inc. for the Tremont Widening Project, thereby
extending the contract completion date from December 31, 2010 to June 30,
2011. Upon vote, the motion passed unanimously.
F. Approval of Supplemental No. 5, Authorizing the Mayor to Execute Local
Agency Agreement for the Bay Street Seawall Project with Washington State
Department of Transportation
Public Works Director Dorsey presented the staff report, noting in February of 2002, the
City entered into a Local Agency Agreement with the Washington State Department of
Transportation for the Bay Street Seawall Project with design money. The project included
construction of a jersey style barrier with anchors placed under the roadway. The majority
of the construction was completed before the 4th of July this year. After a site visit from
the Washington State Department of Transportation (WSDOT) in mid July, it was noted
that a guardrail needed to be placed at the east end of the project to protect motorists as
well as the wall. Since the City has completed design, it has come to our attention that we
have some federal money remaining in this portion of the project, almost $30,000. This
Local Agency Agreement Supplement moves the remaining $12,700 of the federal funding
in the design to construction and removes the match the City previously obligated in design.
Minutes of October 26, 2010
Page 6 of 7
This funding will complete the necessary funding for project completion and allow the City
to begin closing out this project with WSDOT.
Councilmember Chang declared a potential conflict due to being employed with
Washington State Department of Transportation; however, he explained that he does not
stand to gain financially from this contract. There were no voiced objections from the
listening audience and/or the Council to his voting on this matter.
Councilmember Clauson MOVED and Councilmember Colebank seconded the
motion to approve Supplemental No. 5, and authorize the Mayor to execute
Local Agency Agreement for the Bay Street Seawall Project with the
Department of Transportation. Upon vote, the motion passed unanimously.
G. Discussion: Kitsap 9-11 Memorial
Councilmember Olin explained that prior to the recent Kitsap Sun article, the City of Port
Orchard had been considered as an alternative location for the 9-11 Memorial; however,
this matter was now moot with the decision to place the memorial in the City of Bremerton.
H. Discussion: Council E-mail
Councilmember Olin wanted to discuss the edict from Mayor Coppola to staff that they
were to only correspond with the Council through their City email addresses, noting that he
has had trouble accessing his City email account and was comfortable with staff emailing
his personal account. Mayor Coppola directed Treasurer Martin to have the City's IT
personnel work with Councilmember Olin to resolve his access issues to the City's email
system and that it would be accomplished within the week.
8. CITIZENS COMMENTS
In response to Jerry Harmon, Development Director Weaver stated he will include Ms.
Harmon regarding citizens commenting on the Transfer of Development Rights program.
9. COMMITTEE REPORTS
Councilmember Childs announced the Economic Development/Tourism Committee will be
held on Wednesday, November lo, 2olo, at 5:30 p.m. at City Hall.
Mayor Coppola directed the City Treasurer to bring the revenue sources ordinance forward
to the November 9, 2010, Council meeting.
Minutes of October 26, 2010
Page 7 of 7
Councilmember Olin reported that the Public Property Committee was approached for a
donation of 2.75 acres of land by the Blackjack Creek, of which will becoming before Council
at a future meeting.
Councilmember Powers announced the AWC annual meeting will be held on October 28,
2oio, at 5:30 p.m. in Bremerton, and encouraged all the Council to attend.
io. MAYOR'S REPORT
The Mayor Coppola reported on the following:
• Attended the Finance Committee Budget meeting;
• Attended the Chamber of Commerce Candidate's Forum;
• Attended 40 under 40, of which three City employees were nominated;
• Attend the Kitsap County and City's Revenue Sharing meeting;
• Attended the tooth Anniversary of the Bethel Grange;
• Met with the attorney and Chief of Police regarding a personnel matter;
• Attended a memorial service for Tim Arnold;
• Met with Representative Seaquist regarding legislative issues;
• Attended the Kitsap Transit Board meeting;
• Was a guest of Nissan's "All Electric" meeting and tour in Tennessee;
• Attended the Kitsap Economic Development Alliance Decision Makers event;
• Attended Julian's grand opening and ribbon cutting ceremony; and
• Had lunch with the employee of the fourth quarter, Officer Maureen Wheeler.
ii. REPORT OF DEPARTMENT DIRECTORS
Development Director Weaver reported the draft McCormick Woods Park Plan is complete
and has been placed on the City's website for further viewing; and he will bring the final
plan forward to the November 23, 2010, Council meeting for approval.
12. ADJOURNMENT
At 8:29 P.M. Mayor Coppola adjourned the meeting.
Patricia J. Kirkpatrick, MMC, City Clerk Lary Coppola, Mayor
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(36o) 876-4407 • FAX (36o) 895-9029
Agenda Staff Report
Agenda Item No. Consent Agenda 4C Meeting Date: November 9, 2010
Subject: Setting Meeting for a Work Study Prepared by: Patti Kirkpatrick, MMC
Session to November 16, 2oio, at City Clerk
7:00 p.m. at City Hall Atty Routing No: NA
Atty Review Date: NA
Summary: Work Study Sessions are considered a special meeting of the Council and as such fall
under RCW 42.30.o8o, which states: A special meeting may be called at any time by the presiding
officer of the governing body of a public agency or by a majority of the members of the governing body
by delivering written notice personally, by mail, by fax, or by electronic mail to each member of the
governing body; and to each local newspaper of general circulation and to each local radio or
television station which has on file with the governing body a written request to be notified of such
special meeting or of all special meetings. Such notice must be delivered personally, by mail, by fax, or
by electronic mail at least twenty-four hours before the time of such meeting as specified in the notice.
The call and notice shall specify the time and place of the special meeting and the business to be
transacted. Final disposition shall not be taken on any other matter at such meetings by the governing
body.
In order to ensure the City is in compliance with proper noticing requirements, the City Attorney
has recommended that the Council, by consent agenda, set the date and time of a work study
session each month.
Recommendation: Staff recommends the Council set the meeting date and time for a work study
session to November 16, 201o, at 7:00 p.m. at City Hall.
Motion for consideration: I move to set a work study session meeting date and time to Tuesday,
November 16, 201o, at 7:00 p.m. at City Hall.
Fiscal Impact: None.
Attachments: None.
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(36o) 876-4407 0 FAX (36o) 895-9029
Agenda Staff Report
Agenda Item No. Consent Agenda 4D
Subject: Adoption of Resolution No. 038-io,
Revising the Job Descriptions for
the Positions of Human Resource
Coordinator and Treasurer
Meeting Date: November 9, 2oio
Prepared by: Allan J. Martin at the
Atty Routing No:
Atty Review Date:
request of the Mayor
City Treasurer
NA
NA
Summary: While human resources (HR) have always been critical to the success of any organization, they
have assumed an increasingly greater importance that is being recognized inside and outside of any
organization. HR provides a wide variety and range of knowledge, skills, and abilities whose successful
performance contributes to the attainment of the City s overall goals.
The role of HR has evolved since its historical reference as personnel management. HR represents an
extension of the basic functions of selection, training, and compensation to the dynamic interaction of
how personnel functions with each other and with the strategic and planning objectives of the City.
As a result, HR is being directed toward providing more support for the achievement of the City's success.
The most challenging HR issues are health care costs, identifying staffing needs, labor relations, and
keeping abreast and ahead of compliance with employment -related laws.
HR has traditionally worked closely with finance, specifically with payroll; employee benefit cost analysis;
job classifications; wage, salary and cost of living increases. Many HR issues are reported to the Council
Finance Committee, which is staffed by the Treasurer.
In recognition of HR's duties, tasks, and activities, the Mayor is requesting Council approval to align the
Human Resources Coordinator position within the office of the City Treasurer. The position currently
reports directly to the Mayor with support from the Deputy Clerk and Office Assistant IL
The change results in the HR coordinator reporting to the Treasurer, who will provide supervisory
support, and coordination with the Mayor, Council, and Finance Committee.
Recommendation: Staff recommends the Council adopt Resolution No. 038-1o, revising the job
descriptions' for the positions of HR Coordinator, Treasurer, Deputy Clerk and Office Assistant H.
Motion for consideration: I move to adopt Resolution No. 038-10, revising the job descriptions for the
positions of HR Coordinator, Treasurer, Deputy Clerk and Office Assistant H.
as described in the attached Exhibits A ,B,C, and D respectfully.
Fiscal Impact: Neutral
Alternatives: Make no change or reorganize differently.
Attachments: Resolution No. 038-io
Revised job descriptions, Exhibits A, B, C, and D
Introduced by: City Treasurer
Requested by: Mayor
Drafted by: City Treasurer
Introduced: November 9, 2010
Adopted:
RESOLUTION NO. 038-10
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON, REVISING THE JOB DESCRIPTIONS FOR
THE POSITIONS OF HUMAN RESOURCE COORDINATOR
AND TREASURER
WHEREAS, the role of Human Resources has evolved since its historical
reference as personnel management tasked with basic functions of selection, training,
and compensation to the dynamic interaction of personnel functions, employee
benefits, and strategic and planning objectives of the City; and
WHEREAS, the Human Resource Coordinator works closely with Treasurer
staff, specifically payroll; employee benefits cost analysis; job classifications; wage,
salary and cost of living increases; and
WHEREAS, in recognition of the duties, tasks, and activities of the Human
Resource Coordinator it is desirable to align the position within the office of the city
Treasurer; and
WHEREAS, the alignment of the Human Resource Coordinator position within
the office of the city Treasurer results in the Human Resource Coordinator reporting to
the Treasurer, who will provide supervisory support, and coordination with the Mayor,
Council, and Council Finance Committee, now, therefore;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, HER RESOLVES AS FOLLOWS:
THAT: the job descriptions for the positions of Human Resource
Coordinator, HR Coordinator, and Treasurer are approved in the form
attached as Exhibits A and B respectively.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the Clerk in authentication of such passage this 9th day of November 2010.
Lary Coppola, Mayor
ATTEST:
Patricia J. Kirkpatrick, MMC, City Clerk
CITY OF PORT ORCHARD
JOB DESCRIPTION
Job Title: Human Resource Coordinator
FLSA: Non -Exempt
Civil Service: Exempt
Department: Finance
Reports To: City Treasurer
The position of Human Resource Coordinator is a full-time position. Attendance at evening meetings or other
off -duty events maybe required and the incumbent may also be called back to work before or offer regularly
scheduled work hours or on scheduled days off.
Major Function and Purpose
Under the dreciion of the City Treasurer performs technical work in recruitment, selection, payroll and benefits
administration; prepare policies and procedures concerning benefits administration; develop and administer
examinations for various positions and serve as Secretary and Chief Examiner to the Civil Service Commission;
perform special projects and assist with non -civil service selection procedures as assigned; and assist City with
general Human Resources needs.
General Function
The Human Resource Coordinator is responsible for employee recruitment and selection processes, including
development of job announcements, advertisements, applications, interview questions, and rating forms. The
Human Resource Generalist is also responsible for oral interview boards, checking references, coordinating
background checks, communicating with applicants, and ensuring legal compliance in all hiring practices.
Conducts employee orientations; advises employees and supervisors of their eligibility for various programs
and provides the necessary paperwork. Conducts research work and performs analysis regarding the
administration of position classification and salary plans; conducts classifications, reclassifications, and salary
surveys and makes recommendations for adjustments if required. Performs job audits and analyses of
individual positions; recommends reclassifications; develops new or revised job classifications with employees
and supervisors. Develops, analyzes and revises policies and procedures as necessary and in compliance
With legal requirements. Researches and develops informational booklets and materials covering various
Human Resources areas of responsibilities. Interprets legal requirements and may develop or assist in the
development of compliance policies. Responsible for ensuring compliance with the Family and Medical
Leave Act and other federal and state regulations. Researches and processes Labor and Industries Claims for
all employees. Assist in the collective bargaining environment and develop materials needed for the
negotiation process.
PERSONNEL
• Responsible for administration of Personnel Department, including development and interpretation of
standard policies, procedures, labor agreements, state and federal personnel laws.
JOB DESCRIPTION: HUMAN RESOURCE COORDINATOR
REVISED: NOVEMBER, 2010 PAGE 1 OF 4
• Supervise all phases of city employment process to assure compliance with standard personnel
practices. Coordinate use of temporary employees as required.
• Maintain personnel records and files for all city employees.
• Supervise and audit employee benefit packages for compliance and cost containment.
• Serve as Secretary/Chief Examiner for the Police Civil Service Commission. Establish and maintain
eligibility rosters after facilitating testing process.
• Develop and maintain job descriptions for all city positions to assure compliance with applicable
laws, policies and standard personnel practices and procedures.
• Coordinate development and maintenance of City Personnel Policies and Procedures
• Participate as a member of the City's bargaining committee in all labor negotiations.
Supervision ResponsiblTiRes
This position reports directly to the Treasurer or his/her designee. As Secretary Chief Examiner, this position is
also accountable to the Civil Service Commission.
Job Duties & ResDonsibirdles
This job description reflects general details as necessary to describe the principal functions of this job, the level
of knowledge and skill typically required, and the scope of responsibility, but should not be considered an all-
inclusive listing of work requirements. Individuals may perform other duties as assigned, including working in
other function areas to cover absences or relief, to equalize peak work period, or to otherwise balance the
workload.
Knowledge, Skins and AbRilies
While requirements may be representative of minimum levels of knowledge, skills and abilities, to perform this
job successfully, the incumbent will possess the abilities or aptitudes to perform each duty proficiently.
Knowledge of principles, practices, purpose and function of a Human Resource Coordinator in city
government.
Basic knowledge of municipal accounting procedures and the Budgeting, Accounting and Reporting Systems
(BARS).
Knowledge of local and state government laws, functions, and organization.
Ability to take independent action to carry out approved policies and procedures and to recommend new or
revised ones.
Ability to express ideas effectively both orally and in writing.
Ability to write clear, accurate and comprehensive.
Ability to process Labor & Industries Claims
Ability to develop and maintain effective working relationships with officials, city employee and the general
public.
Ability to work in an environment that requires tact, diplomacy, confidentiality and high level of independent
decision -making.
JOB DESCRIPTION: HUMAN RESOURCE COORDINATOR
REVISED: NOVEMBER, 2010 PAGE 2 OF 4
Worldng Conditions
Work is generally performed indoors in an office environment. Close and constant work with computers
exposes the individual to normal emissions from the computer monitor. The work area can be noisy at times.
This position may require the employee to sit for prolonged periods.
Contacts and Relationships
The Human Resource Coordinator has frequent contact with the City's elected officials, with state, county and
municipal government officials, outside consultants, auditors, vendors and other business -related individuals or
agencies. This individual has occasion to work with the City's attorney on legal matters affecting the City and
City employees. In the normal course of business the Human Resource Coordinator will have contact with
other department heads, City personnel and the public. These contacts involve a wide variety and range of
purpose, including the need to provide or collect information, coordinate projects or activities and to solve or
negotiate solutions to problems. Communication may be either by telephone, in person or through written
message.
Physical Requirements
The employee must be able to sit for prolonged periods; discern and conduct voice conversation, in person or
via telephone; and have ability to enter data or information into a terminal, PC or other keyboard device.
Regular and on -time physical attendance at City Hall is an essential job requirement.
Recruiting Requirements
• Valid Washington State Drivers License with a driving record acceptable to the City's insurance carrier
• Must be bondable
• Competent with applicable computer system, technology, and software
• Experience with county, state, and local governments
• All city employees must successfully pass a pre employment Drug Testing as prescribed by the City's Drug
and Alcohol Testing Policy
• Must have knowledge of:
o Principles, practices and techniques of public personnel administration;
o Principles and methods of recruitment, selection, position classification and compensation;
o Statistics, logic and basic methods of problem solving;
o Research methods, data collection and sampling techniques and statistical analysis;
o Wage and salary administration
o Correct English usage, grammar, spelling, punctuation and vocabulary;
o Oral and written communication skills;
o Federal, state and local legislation pertaining to Equal Employment Opportunity and Affirmative
Action programs and practices;
o Rules regarding Washington State collective bargaining;
o Applicable laws, codes, regulations, policies and procedures;
o Operation of a personal computer and associated software;
o Interpersonal skills using tact, patience and courtesy;
o Municipal organization, operation, programs, policies and objectives.
• Must have ability to:
o Read, interpret, apply and explain rules, regulations, policies and procedures;
o Analyze technical personnel problems and recommend and/or implement solutions;
o Generate reports and other data; prepare statistical tabulations;
o Establish and maintain positive, effective working relationships with department directors,
employees, job applicants and the public;
o Work independently with little direction; meet schedules and time limits.
Experience and Training
JOB DESCRIPTION: HUNWN RESOURCE COORDINATOR
REVISED: NOVEMBER, 2010 PAGE 3 OF 4
• Bachelors degree in Business or Public Administration, Human Resources, Personnel or related field, with
five years of human resources, personnel and/or labor relations experience.
• Experience in writing and presenting information to the public and elected officials
• PHR or SPHR certification is desirable.
Any other combination of experience and training that provides the desired skill, knowledge and abilities
equivalent to the requirements above.
Requirements outlined in this job description may be subject to modification to reasonably
accommodate individuals with disabilities who are otherwise qualified for employment in this
position. However, some requirements may exclude individuals who pose a direct threat or
significant risk to the health and safety of themselves or other employees.
This job description does not constitute an employment agreement between the
Employer and employee and is subject to change as the needs of the Employer
and requirements of the job change.
JOB DESCRIPTION: HUMAN RESOURCE COORDINATOR
REVISED: NOVEMBER, 2010 PAGE 4 OF 4
CITY OF PORT ORCHARD
.JOB DESCRIPTION
Job Title:
City Treasurer
FLSA:
Exempt
Civil Service:
Exempt
Department:
Finance Department
Reports To:
Mayor
The position of City Treasurer is a full-time management position. This position shall be
appointive and all appointments to such position shall be made by the Mayor, subject to
confirmation by the City Council. Termination by the Mayor must have a confirmation vote by a
majority of the City Council. Attendance at evening meetings or other off -duty events is required
during budget preparation and other occasions as necessary.
Major Function and Purpose
The City Treasurer organizes and directs the Finance Department which includes data
processing, human resources, accounting and treasury functions of the City. The City Treasurer
also coordinates the work of the assigned financial functions with other City departments and
outside agencies.
Assists staff throughout the City in evaluating and fulfilling emergent needs for financial
information and assists in interpreting information already provided.
Responsible to plan, organize and direct the activities of the Department in a manner that optimize
the use of financial, physical and human resources in accomplishing assigned functions and
achieving objectives.
General Function
The City Treasurer shall have all the powers and shall perform each and all of the duties specified
by Title 35 RCW for City Treasurers, together with any other duties or authority which may be
conferred upon such office by the laws of the State of Washington or the ordinances of the City,
as now and hereinafter amended.
Manage the City's financial operations in accordance with guidelines established by generally
accepted accounting principles and practices. The City's financial records are subject to review
through reports and periodic audits by the State Examiner and other auditors.
JOB DESCIRPTION: CITY TREASURER PAGE 1 OF 5
Maintains the City's accounting records as prescribed by the State Budgeting, Accounting &
Reporting system (BARS) for Category 1 classification.
The City Treasurer sets objectives, delegates and prioritizes work flow of a variety of projects in
such a way that the overall mission and/or goals of the City and Department are met.
Suaervision Resaonsibilities
The City Treasurer assigns, trains, monitors, schedules and supervises either directly or through
subordinates all professional and accounting staff in the Finance Department, with responsibilities
including hiring, promotions, reclassifications, evaluation, discipline and terminations. The City
handles major technical and administrative problems, which may arise as a result of department
activities.
Job Duties & Responsibilities
This job description reflects general details as necessary to describe the principal functions of this
job, the level of knowledge and skill typically required, and the scope of responsibility, but should
not be considered an all-inclusive listing of work requirements. Individuals may perform other
duties as assigned, including working in other function areas to cover absences or relief, to
equalize peak work period, or to otherwise balance the work load.
Responsible for general accounting functions including claims processing, fixed assets,
grants, utility records, account balancing and reconciliation.
Establishes and supervises the accomplishment of procedures relative to payroll
preparation and the completion of payroll reports.
Maintains debt records; prepares annual bond and coupon schedules for bond calls and
payments. Establishes registers for new bond issues.
Internal auditor for the Municipal Court; to include collection of SIU payments, reconciles
checkbook, maintains trust account records, accounting for traffic citations, and oversees
the accounting functions.
Oversees the billing and collection of miscellaneous account receivables including
gambling and admissions taxes.
Remits funds to the State for local sales or use tax, leasehold excise tax, court collections,
weapon permits and building code fees.
Provides necessary financial records, reports and statements.
Advises the Mayor, department heads and City Council regarding the budget preparation
process. Coordinates the preparation of the City's annual budget and provides on -going
budgetary control and budget amendments. Estimates current and future revenues.
JOB DESCRIPTION: CITY TREASURER PAGE 2 of 5
Oversees the City s data processing functions, new system implementation,
documentation, systems backup and security.
Perform human resources management administrative duties. Responsible for
coordinating assignments, training, planning and scheduling regarding human resources.
Coordinate and provide oversight of the various disciplines of payroll, employee benefits
and labor relations, with human resources. Provide quantitative data for wage and benefit
analysis.
Invests and/or supervises the investment of City funds.
Provides management direction over the collection, receipting, accounting and custody of
City monies.
Analyzes and projects cash flow for the City to insure a sufficient reserve is on hand to
meet forecasted needs.
Supervises billing and collection of special assessments; insures that official records are
maintained and notices of delinquencies and foreclosures are sent in accordance with
applicable state laws. Coordinates with City Attorney on foreclosures, sale of property for
non-payment, and record of proper documents.
Supervise the utility billing function, including collection, delinquent notices, turn-offs,
payments and recording liens.
Review W/S work orders particularly for in lieu of assessment charges.
Supervises and helps design proposed new treasury systems or improves established
methods.
Provides on -going customer relations in handling questions and complaints relative to the
Finance Department.
Keep the Mayor & City Council informed of the financial condition of the City, to include
anticipated future needs.
Supervise the Communications Section and the Administrative Section (including finance
portion) for the Emergency Management Operations Center.
Completes special projects as needed.
Performs related work as required.
Knowledge, Skills and Abilities
While requirements may be representative of minimum levels of knowledge, skills and abilities, to
perform this job successfully, the incumbent will possess the abilities or aptitudes to perform each
JOB DESCRIPTION: CITY TREASURER PAGE 3 of 5
duty proficiently.
Thorough knowledge of the principles and practices of modem public finance, accounting,
auditing and internal controls.
Thorough knowledge of municipal accounting procedures and the Budgeting, Accounting and
Reporting Systems (BARS).
Knowledge of office practices and procedures, money and banking operations.
Knowledge of State laws pertaining to the office of City Treasurer.
Knowledge of local government laws, functions and organization.
Knowledge of investment instruments and bond financing.
Knowledge of data processing systems.
Knowledge of human resources
Expected to take independent action to carry out approved policies and procedures and to
recommend new or revised ones.
Ability to effectively delegate responsibility to subordinates.
Ability to work in an environment that requires tact, diplomacy, confidentiality and high level of
independent decision making.
Working Conditions
Work is performed indoors in an office environment.
Contacts and Relationshi
The City Treasurer has frequent contact with the City's elected officials, with state, county and
municipal government officials, and with outside consultants, auditors and other business -related
individuals or agencies. This individual has occasion to work with the City's attorney on legal
matters affecting the operations of the Finance Department. In the normal course of business the
City Treasurer will have contact with other department heads, City personnel and the public.
These contacts involve a wide variety and range of purpose, including the need to provide or
collect information, coordinate projects or activities and to solve or negotiate solutions to
problems. Communication may be either by telephone, in person or through written message.
Physical Requirements
The employee must have the ability to enter data or information into a terminal, PC or other
JOB DESCRIPTION: CITY TREASURER PAGE 4 of 5
keyboard device and must be able to conduct voice communication both via the telephone and in
person.
Recruiting Requirements
Valid Washington State Driver's License with a driving record acceptable to the City's
insurance carrier
High School Diploma
Must be bondable
Five years experience in municipal accounting required
Three years supervisory experience required
All city employees must successfully pass a pre -employment Drug Testing as prescribed by
the City's Drug and Alcohol Testing Policy.
Experience and Training
Bachelor's degree in Business Administration, Finance, Accounting or related field, with one
year of municipal experience or five years of relative municipal experience or any equivalent
combination of experience and training
CPA/CCM/CMFA, desirable
Experience in municipal double entry accounting, BARS
Continuing education/training at workshops/seminars/conferences put on by finance
organizations (such as WMTA, MTA US&C, PSFOA, WFOA, GFOA)
Any other combination of experience and training that provides the desired skill, knowledge and
abilities.
Requirements outlined in this job description may be subject to modification to reasonably
accommodate individuals with disabilities who are otherwise qualified for employment in this
position. However, some requirements may exclude individuals who pose a direct threat or
significant risk to the health and safety of themselves or other employees.
This job description does not constitute an employment
agreement between the Employer and employee and is subject to
change as the needs of the Employer and requirements of the job
change.
JOB DESCRIPTION: CRY TREASURER PAGE 5 of 5
CITY OF PORT ORCHARD
.JOB DESCRIPTION
Job Title: Deputy Clerk
FLSA: Non -Exempt
Civil Service Exempt
Department: Administrative Services
Reports To: City Clerk/Assistant to the Mayor
This is a full or part time, position. It is anticipated that this employee will be required to attend
meetings or events during other than normal work hours. The incumbent serving in this capacity
must be bondable.
Major Function and Purpose
Individuals assigned to this position classification perform a variety of technical administrative and
legislative -related functions, including Mayor/Council Support Services, Records Management,
Risk Management, Purchasing and Licensing/Permits. In the absence of the City Clerk, the
Deputy Clerk will be responsible for the operation of the Administrative Services Department.
General Function
Individuals perform a variety routine and specialized duties to support the activities of the City
Clerk which require accuracy and compliance with statutorily established procedures. The Deputy
Clerk functions with limited supervision, however, work may be reviewed by the City ClerkPriorities
and specific projects may be assigned by the City Clerk.
Supervision Responsibilities
While this is not a management position, in the absence of or at the request of the City Clerk, the
Deputy Clerk may assign priorities and special tasks, reviewing of work performed or produced
and training of assigned employees. The Deputy Clerk may assist in hiring of staff.
Job Duties and Responsibilities
This job description reflects general details as necessary to describe the principal functions of this
job, the level of knowledge and skill typically required, and the scope of responsibility, but should
not be considered an all-inclusive listing of work requirements. Individuals may perform other
duties as assigned.
• Attends regular and special City Council meetings and accurately records and transcribes
minutes of the meeting in compliance with state regulations
• Preparation of agenda and selected materials for City Council meetings.
• Prepare and cause to be published all legal notices in accordance with legal requirements and
city policy.
• Assist in drafting/composition of ordinances and resolutions for City Council consideration
• Prepare proclamations at direction of the Mayor or Clerk
• Fulfill statutory requirements of City Clerk, in the absence of or at the request of the City Clerk.
• Coordinate office supply purchases for all Administrativefrreasurer Department, including
printing services and minor office equipment
• Assist in city call for bid process including coordination of bid openings
• Provides information, within scope of knowledge, to the public or refer to appropriate person or
department
• Performing word processing, data spreadsheet and technical clerical duties as needed to
maintain efficient and effective daily operations within the office
• Coordinate records management and retention procedures with all city departments
• Establish and coordinate Administrative Services Department record retention system.
• Coordinate City elections with Kitsap County Auditor's Election Department
• Provide notary public services
• Assist City Clerk in Risk Management duties
• Participate in the collection of data and preparation of complex reports requiring thorough
knowledge of departmental operations, procedures and regulations.
• Issues various permits and licenses
• Responsible for reporting payments received to the Financial Department
• Coordinate telecommunications for all departments
JOB DESCRIPTION: DEPUTY CRY CLERK PAGE 2 OF 4
• Participate in emergency management operations as needed.
• Assist Administrative Secretary in reception duties when necessary.
• Other duties as assigned.
Knowledge, Skills and Abilities
While requirements may be representative of minimum levels of knowledge, skills and abilities, to
perform this job successfully, the incumbent will possess the abilities or aptitudes to perform each
duty proficiently.
• Basic knowledge of and ability to effectively interpret city ordinances, resolutions, policies and
state statutes
• Ability to establish and maintain effective communications, both orally and in writing, with staff,
other departments, elected official and the general public in a professional manner.
• Ability to compose a variety of written communications, expressing ideas or instructions clearly
and concisely with only general instructions.
• Ability to follow directions carefully and to work independently
• Ability to effectively work on a variety of tasks simultaneously
Working Conditions
Work is performed primarily in an office setting with occasional requirement to travel within or
outside of the City.
Contacts and Relationships
The Deputy Clerk will have contact with City employees and the public on a daily basis, as well as
some contact with the Mayor, City Council members, City Attorney and the attorney's
administrative staff. Routine contacts may include local business people, vendors, and some
state, county and school officials.
Physical Requirements
The individual in this position must have the ability to communicate in person or via telephone to
interact with others. Operation of computers and other office equipment is an essential job
function. Must have the ability to produce handwritten documents. Ability to read and interpret
written documents, codes and statutes. Ability to operate a motor vehicle. May be required to lift
and carry up to 20 pounds.
Recruiting Requirements
• High School Diploma or GED equivalency
JOB DESCRIPTION: DEPUTY CRY CLERK PAGE 3 OF 4
• Three years experience with increasing level of administrative
• Proficiency in Microsoft Word, Excel and Access.
• Must be bondable
• Valid Washington State Driver's License or ability to obtain prior to employment
• All city employees must successfully pass a pre -employment Drug Testing as prescribed by
the City's Drug and Alcohol Testing Policy.
Experience and Training
• An Associates' Degree in Liberal Arts or Business Management or paralegal experience
preferred
• Experience with IBM PC or equivalent computer
Any combination of experience and training that provides the desired skills, knowledge and
abilities.
Requirements outlined in this job description may be subject to modification to reasonably
accommodate individuals with disabilities who are otherwise qualified for employment in this
position. However, some requirements may exclude individuals who pose a direct threat or
significant risk to the health and safety of themselves or other employees.
This job description does not constitute an employment
agreement between the Employer and employee and is subject to
change as the needs of the Employer and requirements of the job
change.
JOB DESCRIPTION: DEPUTY CITY CLERK PAGE 4 OF 4
----]
CITY OF PORT ORCHARD
JOB DESCRIPTION
Job Title: Office Assistant II
FLSA: Non -Exempt
Civil Service: Exempt
Department: Administrative Services
Reports To: City Clerk/Assistant to the Mayor
This position may be full or part-time. Attendance at evening or weekend
duty events normally not required part of the duties of this position, but
occasion. The individual serving in this position must be bondable.
Major Function and Purpose
meetings or other off -
may be required on
The Office Assistant II is an intermediate level position that performs a wide range of
administrative support, clerical and reception duties to support the Administrative Services
Department, the Mayor and legislative body or other groups/departments as assigned.
Responsibilities include, but are not limited to, Mayor/Council Administrative Support Services,
Records Management, Risk Management, Purchasing and Licensing/Permits.
General Function
The Office Assistant II provides administrative, and reception support for the Administrative
Department. He/she greets visitors, receives incoming telephone calls and provides information
within scope of knowledge for the Administrative Department, the Mayor and legislative body and
performs a variety of diversified duties as needed to keep the Administrative Services Department
operating efficiently.
This position functions with general supervision by the Administrative Services Director/City
Clerk/Assistant to the Mayor, however, work activities may be directed by the Deputy Clerk, in the
absence of or at the request of the Administrative Services Director/City Clerk
Supervision Responsibilities
This is a non -supervisory position
Job Duties and Responsibilities
JOB DESCRIPTION: Office Assisfark 11 PAGE 1 OF 4
This job description reflects general details as necessary to describe the principal functions of this
job, the level of knowledge and skill typically required, and the scope of responsibility, but should
not be considered an all-inclusive listing of work requirements. Individuals may perform other
duties as assigned, including working in other function areas to cover absences or relief, to
equalize peak work periods, or to otherwise balance the work load.
• Receives incoming telephone calls for the Administrative Departments, the Mayor and
legislative body and greets visitors to the office
• Communicates orally using a telephone or in person, in a dear and concise manner
• Assists customers with problems, complaints, and service concems
• Distributes incoming mail, products, or material in a prescribed manner
• Processes out going mail to assure proper postage and transports mail to Post Office
• Maintain postage meter intemal accounting records
• Provides information, within scope of knowledge, to the public or other departments, or
refer to appropriate person or department
• Interacts with other employees and the public
• Maintain City/City Attomey Routing System
• Maintain Administrative Services Department records and/or files
• Maintain index system for special files
• Research and obtains reference materials for various Administrative or Legislative projects
• Maintain City historical information.
Maintain various reference books and manuals within the office and coordinate distribution
of updates to other offices as prescribed
• Produces written documents with dearly organized thoughts using proper sentence
construction, punctuation and grammar
Issues receipts to customers and makes change when necessary
• Process and prepare various permits and/or license application
• Data entry using a computer system and multiple software application programs, including,
but not limited to, word processing and spreadsheet applications
• Issue purchase orders as requested
• Coordinate use of city facilities that are available for public use, within established policies
Joe DESCRIPTION: Office Assistm. 11 PAGE 2 OF 4
and procedures
Assist in development of departmental procedures and recommends revisions to improve
efficiency of department process
Assist other city departmental clerical functions when approved by the department
supervisor.
Knowledge, Skills and Abilities
While requirements may be representative of minimum levels of knowledge, skills and abilities, to
perform this job successfully, the incumbent will possess the abilities or aptitudes to perform each
duty proficiently.
The individual serving as the Office Assistant II must be able to communicate effectively and
courteously. Knowledge of routine office procedures, including use of office equipment is
required. The individual in this position must have the ability to communicate in person or via
telephone to interact with others. This position demands good interpersonal communication skills
to deal with other individuals.
Working Conditions
Work is performed in an office environment. The employee will be required to answer telephones.
Operation of computers and other office equipment is an essential job function. Repeated
interruption of the work routine is typical. Must have the ability to produce handwritten documents.
Ability to read and interpret written documents, codes and statutes. Ability to operate a motor
vehicle. May be required to lift and carry up to 20 pounds.
Contacts and Relationships
The Office Assistant II will have extensive contact with the public and other City employees on a
daily basis, as well as some contact with the Mayor and City Council members.
Physical Requirements
The Office Assistant II must have the physical ability to perform all essential job functions.
Continuous repetitive arm/hand movement is essential to performance of this job. The incumbent
in this position must be able to discem voice conversation both via telephone and in person. The
employee must have hand -eye coordination sufficient to operate computers and other office
equipment. Must have the ability to produce legible handwritten documents. Ability to operate a
motor vehicle. May be required to lift and carry up to 20 pounds.
Recruiting Requirements
High School Diploma
Experience with word processing and spreadsheet software programs
Prior office experience, including use of office equipment and machines
JOB DESCRIPTION: Office Assistant 11 PAGE 3 OF 4
Bondable
All city employees must successfully pass a
by the City's Drug and Alcohol Testing Policy
Experience and Training
pre -employment Drug Testing as prescribed
Experience with IBM PC or equivalent computer
Experience with Microsoft Office Software and Excel spreadsheets preferred
Experience in local government preferred
Any combination of experience and training that provides the desired skills, knowledge and
abilities.
This job description reflects general details as necessary to describe the principal functions of
this job, the level of knowledge and skill typically required, and the scope of responsibility, but
should not be considered an all-inclusive listing of work requirements. Individuals may
perform other duties as assigned; including working in other functional areas to cover
absences or relief, to equalize peak work periods, or to otherwise balance the work load.
Requirements outlined in this job description may be subject to modification to reasonably
accommodate individuals with disabilities who are otherwise qualified for employment in this
position. However, some requirements may exclude individuals who pose a direct threat or
significant risk to the health and safety of themselves or other employees.
This job description does not constitute an employment
agreement between the Employer and employee and is subject to
change as the needs of the Employer and requirements of the job
change.
JOB DESCRIPTION: Office Assstant 11 PAGE 4 OF 4
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(36o) 876-4407 0 FAX (36o) 895-9029
Agenda Staff Report
Agenda Item No. Consent Agenda 4E
Subject: Approval of Contract No. o65-1o,
Authorizing the Mayor to Execute an
Agreement with Gordon Sound
Production for Sound System during the
Festival of Chimes and Lights
Meeting Date: November 9, 2010
Prepared by: Patti Kirkpatrick, MMC
City Clerk
Atty Routing No: NA
Atty Review Date: NA
Summary: Gordon Sound Production has provided for the past several years the sound system for
the Tree Lighting Ceremony and the various choirs during the Festival of Chimes and Lights. There
is a sound system set up by the Port Orchard Library for the choirs to use as well as at City Hall for
the Tree Lighting ceremony.
Recommendation: Staff recommends the Council authorize the Mayor to execute a contract to
provide the sound systems during the Festival of Chimes and Lights with Gordon Sound
Production.
Motion for consideration: I move to approve Contract No. o65-1o, authorizing the Mayor to
execute an agreement with Gordon Sound Production for sound system during the Festival of
Chimes and lights to be held on Saturday, December 4, 2010, in an amount not to exceed $600.
Fiscal Impact: Funds to pay for this service comes from the Community Event Fund 107.
Attachments: Contract No. o65-10
P. 0 Box 281
9476 Silverdale Way NW
, Fax
Silverdale, WA 98383
sound one:
Fax:(360)692-1015
www.gordonsound.com
Production Contract
City of Port Orchard Contract No. 065-10
This agreement is made this 27 day of October 2010, between City of Port Orchard as purchaser and Gordon
Sound for services to be provided. Purchaser hereby engages Gordon Sound as follows:
Purchaser Information:
1. Purchaser Information:
a. Organization Name: City of Port Orchard
b. Contact Person: Brandy Rinearson & Jerry Childs
c. Address: 216 Prospect Street Port Orchard, WA 98366
d. Phone Number: Jerry Childs206-999-0548 Brandy Rinearson (360) 876-7030
e. Fax / Email: brinearsonacitvofportorchard.us / lonelouie(aa)msn.com
2. Event Information:
a. Type of Event: Festival of Chimes & Lights
b. Date of Event:12/4/10
c. Location of Event: Downtown Port Orchard, City Hall
d. Arrival and Set-up Time: 2:00 ❑AM ®PM
e. Hours of Event::5:00 ❑AM ®PM until 8:00 [JAM ®PM
3. Gordon Sound Fee:
a. Buyer shall pay a total fee of 600.00, paid as follows:
i. A non-refundable retainer fee of 0 upon execution of this agreement.
Notes:
ii. The balance of 600.00 before the event begins.
iii. Payment method: Cash or Check. Credit Card is acceptable only if provided 1 week before the
event. Credit Cards can not be taken as payment at the event.
4. Accommodations. Buyer shall provide DJ with:
a. Reasonable amounts of free water and soda during the event.
i. 0 Free meals on the date of the event.
5. Power Requirements:
a. Power Requirements: 2 20 Amp Circuits
6. Equipment Included:
4 Main PA speakers on stands
2 14001 amplifiers
2 DBX dual 15 band equalizers
2 monitor speakers
6 condenser microphones wtwindscreens
2 solo microphones w/ wind screen
16 ch mixer
Digital Reverb
P. O Box 281 Phone: (360) 692-2957
9476 Silverdale Way NW Fax: (360) 692-1015
Silverdale, WA 98383 w .gordonsound.com
P. O Box 281
9476 Silverdale Way NW
Silverdale, WA 98383
SOU Phone:(360)692-2957
Fax:(360)692-1015
www.gordonsound.com
2 direct boxes for Keys
Cd player background and/or accompaniment music
2 Wireless hand-held for announcer
7. Additional Provisions: The Parties agree to the following additional terms:
a. Contract is null and void if not received with deposit within 10 days of the date of issue.
b. Additional fees may apply if requirements are outside of proposal.
c. A Reasonable location for equipment must be provided
8. Liability Information:
a. Purchaser agrees that equipment will be personally inspected and acknowledged to be in good working
order at the beginning of the event.
b. Purchaser will not permit the equipment to be used by any other party without the prior consent of Gordon
Sound.
c. Gordon Sound will be provided with adequate security to prevent the damage and/or loss of equipment
through fire, theft, and/or rioting at the sole expense of the purchaser or associates their of.
d. Purchaser agrees to pay for damage or loss of Gordon Sound's equipment due to inadequate crowd
control, security, theft, fire and/or mishandling of equipment by agents of the purchaser.
e. Payment will be made on the agreed date, without exceptions. Purchaser agrees to pay for damages to,
and theft, and all collections, court costs, attorney's fees, and any additional expenses involved in the
collection of fees owed to Gordon Sound by purchaser.
f. Gordon Sound is not responsible for the damage to the purchaser or any third party equipment or property.
g. Gordon Sound is not liable for any injury to any person or persons during the event, set-up, and or
takedown.
h. Gordon Sound shall be excused by detention of accidents, riots, strikes, epidemics, ads of God, Force
Major or any other legitimate condition beyond the control of Gordon Sound. Gordon Sound will make all
reasonable attempts to find a replacement, and will notify customer ASAP in the event that a replacement is
not found.
i. Gordon Sound reserves the write to cancel or interrupt production or show if the environment is deemed to
be unsafe, including but not limited to weather, and/or poor electrical service, full payment will still be due to
Gordon Sound.
j. Gordon Sound is an independent agent and is in no way responsible for the actions of the promoter or the
promoter's agents.
k. Purchaser agrees to supply adequate power within 50ft of the stage, as outlined above.
Purchaser agrees that they will supply adequate set-up time as Gordon Sound needs as outlined above,
and that the equipment supplied is within guidelines.
m. Purchaser agrees that if the event exceeds the time specifications, there may be additional charges.
P. O Box 281 Phone: (360) 692-2957
9476 Silverdale Way NW Fax: (360) 692-1015
Silverdale, WA 98383 �.gordonsound.com
P. O Box 281
9476 Silverdale Way NW
Silverdale, WA 98383
S'O Phone: (360) 692-2957
Fax: (360) 692-1015
www.gordonsound.com
n. This contract is binding and non -cancelable. If canceled within eight weeks of the event, purchaser agrees
to pay 50% of contract price. If canceled less than eight weeks prior to event, purchaser agrees to pay the
entire contract price in full immediately upon cancellation.
I have read and agree to all of the terms of this contract.
Signature:
Please print:
P. O Box 281
9476 Silverdale Way NW
Silverdale, WA 98383
Date:
Phone: (360) 692-2957
Fax: (360) 692-1015
v .gordonsound.com
P. O Box 281
9476 Silverdale Way NW
Silverdale, WA 98383
�+V� Phone:(360)692-2957
Jun Fax: (360) 692-1015
www.gordonsound.com
Production Contract
City of Port Orchard Contract No. 065-10
This agreement is made this 27 day of October 2010, between City of Port Orchard as purchaser and Gordon
Sound for services to be provided. Purchaser hereby engages Gordon Sound as follows:
Purchaser Information:
1. Purchaser Information:
a. Organization Name: City of Port Orchard
b. Contact Person: Brandy Rinearson & Jerry Childs
c. Address: 216 Prospect Street Port Orchard, WA 98366
d. Phone Number: Jerry Childs206-999-0548 Brandy Rinearson (360) 876-7030
e. Fax / Email: brinearsonOcitvofportorchard.us / lonelouie(c'bmsn.com
2. Event Information:
a. Type of Event: Festival of Chimes & Lights
b. Date of Event:12/4/10
c. Location of Event: Downtown Port Orchard, City Hall
d. Arrival and Set-up Time: 2:00 ❑AM ®PM
e. Hours of Event::5.00 []AM ®PM until 8:00 ❑ AM ®PM
3. Gordon Sound Fee:
a. Buyer shall pay a total fee of 600.00, paid as follows:
Notes:
i. A non-refundable retainer fee of 0 upon execution of this agreement.
ii. The balance of 600.00 before the event begins.
iii. Payment method: Cash or Check. Credit Card is acceptable only if provided 1 week before the
event. Credit Cards can not be taken as payment at the event.
4. Accommodations. Buyer shall provide DJ with:
a. Reasonable amounts of free water and soda during the event.
i. 0 Free meals on the date of the event.
5. Power Requirements:
a. Power Requirements: 2 20 Amp Circuits
6. Equipment Included:
4 Main PA speakers on stands
2 14001 amplifiers
2 DBX dual 15 band equalizers
2 monitor speakers
6 condenser microphones wtwindscreens
2 solo microphones w/ wind screen
16 ch mixer
Digital Reverb
P. O Box 281 Phone: (360) 692-2957
9476 Silverdale Way NW Fax: (360) 692-1015
Silverdale, WA 98383 v .gordonsound.com
P. O Box 281
9476 Silverdale Way NW
Silverdale, WA 98383
Phone:(360)692-2957
SS°Z
Fax: (360) 692-1015
www.gordonsound.com
2 direct boxes for Keys
Cd player background and/or accompaniment music
2 Wireless hand-held for announcer
7. Additional Provisions: The Parties agree to the following additional terms:
a. Contract is null and void if not received with deposit within 10 days of the date of issue.
b. Additional fees may apply if requirements are outside of proposal.
c. A Reasonable location for equipment must be provided
8. Liability Information:
a. Purchaser agrees that equipment will be personally inspected and acknowledged to be in good working
order at the beginning of the event.
b. Purchaser will not permit the equipment to be used by any other party without the prior consent of Gordon
Sound.
c. Gordon Sound will be provided with adequate security to prevent the damage and/or loss of equipment
through fire, theft, and/or rioting at the sole expense of the purchaser or associates their of.
d. Purchaser agrees to pay for damage or loss of Gordon Sound's equipment due to inadequate crowd
control, security, theft, fire and/or mishandling of equipment by agents of the purchaser.
e. Payment will be made on the agreed date, without exceptions. Purchaser agrees to pay for damages to,
and theft, and all collections, court costs, attorney's fees, and any additional expenses involved in the
collection of fees owed to Gordon Sound by purchaser.
f. Gordon Sound is not responsible for the damage to the purchaser or any third party equipment or property.
g. Gordon Sound is not liable for any injury to any person or persons during the event, set-up, and or
takedown.
h. Gordon Sound shall be excused by detention of accidents, riots, strikes, epidemics, acts of God, Force
Major or any other legitimate condition beyond the control of Gordon Sound. Gordon Sound will make all
reasonable attempts to find a replacement, and will notify customer ASAP in the event that a replacement is
not found.
i. Gordon Sound reserves the write to cancel or interrupt production or show if the environment is deemed to
be unsafe, including but not limited to weather, and/or poor electrical service, full payment will still be due to
Gordon Sound.
j. Gordon Sound is an independent agent and is in no way responsible for the actions of the promoter or the
promoter's agents.
k. Purchaser agrees to supply adequate power within 5011t of the stage, as outlined above.
I. Purchaser agrees that they will supply adequate set-up time as Gordon Sound needs as outlined above,
and that the equipment supplied is within guidelines.
m. Purchaser agrees that if the event exceeds the time specifications, there may be additional charges.
P. O Box 281 Phone: (360) 692-2957
9476 Silverdale Way NW Fax: (360) 692-1015
Silverdale, WA 98383 H .gordonsound.00m
P. O Box 281
��0 9476 Silverdale Way NW
Silverdale, WA 98383
Phone: (360) 692-2957
soon Fax: (360) 692-1015
www.gordonsound.com
n. This contract is binding and non -cancelable. If canceled within eight weeks of the event, purchaser agrees
to pay 50% of contract price. If canceled less than eight weeks prior to event, purchaser agrees to pay the
entire contract price in full immediately upon cancellation.
I have read and agree to all of the terms of this contract.
Signature: Date:
Please print:
P. O Box 281 Phone: (360) 692-2957
9476 Silverdale Way NW Fax: (360) 692-1015
Silverdale, WA 98383 �.gordonsound.com
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(36o) 876-4407 0 FAX (36o) 895-9029
Agenda Staff Report
Agenda Item No. Public Hearing 6A
Subject: McCormick Division Three
Development Agreement with GEM
1, LLC
Meeting Date: November 09, 2010
Prepared by:
James R. Weaver
Development Director
Atty Routing No: i54-o9
Atty Review Date: October 7, 2010
Summary: This public hearing is for a Development Agreement between GEM i and the City of Port
Orchard, related to the Preliminary Plat of McCormick North, Division HI. The City and GEM 1 desire to
enter into a Development Agreement, as authorized by RCW 36.7oB.l7o, which will establish procedures
and standards for the review and approval of McCormick North Phase HI. This Agreement is intended to
set forth the uses that will be permitted on the Property, the development standards that will apply, the
period of time within which the development standards will apply, and the method and manner in which it
may be developed.
A preliminary plat for McCormick North Division III was reviewed and approved by the City Hearing
Examiner on October 20, 20io, but is conditioned and designed to be dependent on approval of the
associated Development agreement. The Preliminary Plat consists of 129 acres. Within the boundaries of
this project are four zoning designations, Greenbelt, Residential 20 units per acre (R-20), Employment
(Eo) and Mixed Use Development Mxd). Proposed development within the R-20 zone includes 159 single-
family units and two future development tracts for a total density range of 255- 459 dwelling units. In
addition to the residential lots eighteen non-residential lots for commercial development will be created in
the Employment Industrial zoning designation.
The Planning and Public Works departments as well as the Hearing Examiner have reviewed the
preliminary plat and city attorney reviewed developer's agreement and the combined documents are in
compliance the city Comprehensive Plan and applicable Port Orchard Municipal Code and all other state
and local regulations.
Location of Proposal: Boundaries of the site are Feigley Road SW on the west and SW Old Clifton Road to
the south. The north boundary is unincorporated Kitsap County and the east is bounded by McCormick
North Phase I Preliminary Plat.
Recommendation: Open the Public Hearing.
Fiscal Impact: None.
Alternatives: None.
Attachments: Development Agreement between GEM i and the City of Port Orchard
Hearing Examiner Decision October 20, 2010
MR W
09/7/10 (Revised 10/06/2010)
DEVELOPMENT AGREEMENT
McCormick North Phase III
THIS DEVELOPMENT AGREEMENT (`
of Port Orchard, a Washington municipal cord
Washington limited liability company ("GEM 1").
A. GEM 1 is the owner and developer of dii
13
Preliminary Plat, which is a portion of a larger area gene
McCormick North development is gen ly located on the i
of Anderson Hill Road. The McCo N area and
McCormick North III are shown in the s hed as
of McCormick North Phase III is attached Av
B. The N
was annexed into the
area,
between the City
GEM I LLC, a
: North II r Plan and
as McCo North. The
of Old Clifton Road, west
f that area known as
The legal description
McCormick North Phase III
C. Prie GEM 1 6 Kitsap County's approval of a Master
Plan and De elopment A
regulate d t of al
McCo o additio
Mc f.
ap o 1
appr al agreements lis
g McC0 North
D. xation, GEM 1 submitted applications for the McCormick North
Phase III Master P a Preliminary Plat application for McCormick North Phase III to
Kitsap County — Ki ounty Project Numbers 09 65893 and 09 74595. Kitsap County issued
a Notice of Complete pplication for the McCormick North Phase III Master Plan on March 13,
2009 and a Notice of Complete Application for the McCormick North Phase III Preliminary Plat
on June 16, 2009.
dA
propert
ies,
S w raffic, and Parks and Open Space, which
to ents in the Urban Growth Area, including
1 ob d Kitsap County approval of a Master Plan for
cCormick North Phases I and II, and additional
lopment of McCormick North. Collectively, these
comprehensive development plan for GEM 1's urban
and McCormick North Phase III.
E. The City and Kitsap County have different processes for the approval of
applications for developments like McCormick North Phase III. The City and County also have
Page 1 of 13
similar, but slightly different, substantive standards for the development of projects like
McCormick North Phase III.
F. The City and GEM 1 recognize that GEM 1 has a vested right to develop
McCormick North Phase III pursuant to the Kitsap County standards to which it is vested.
However, for a variety of reasons, both the City and GEM 1 believe it would be preferable to
complete the review and approval of McCormick North Phase III using City permit procedures.
The City and GEM 1 also believe it would be preferable to complete review and approval of
McCormick North Phase III based on City of Port Orchard subs & " dards, to the extent
that use of such standards does not require significant redesign yrol
G. The City and GEM I desire to enter into a enf, ement, as authorized
by RCW 36.70B.170, which will establish procedures s foreSIX/vem,
ew and approval
of McCormick North Phase III. This Agreement ' de set forth s that will be
permitted on the Property, the developments t will a�ly, the Ie within
dwhich evelo mod. development standards will apply, an e ���anner int may be
Pe
Based on the foregoing consi 'ons, the City of Port' az , d GEM 1, LLC enter
into the followingDevelopment A eem�
1.
a. ` "� in this ocument ontext clearly indicates otherwise, the
following words, w n �� 1 bebedefin t forth in this paragraph.
"AdoptiW////� dinan� means the ordinance that approves this
6eement,pyd 1RCW 36.70B.200.
(2) this document, entitled Development Agreement.
"City"/ the City of Port Orchard.
(4) O """ ' ction Standards" means the City adopted regulations governing
construction // ds and specifications, such as, but not limited to, the International
Building C / niE Plumbing Code, National Electric Code, the International Fire
Code, the Uniform Code for the Abatement of Dangerous Buildings, and such other
codes adopted by the City, with or without amendment.
(5) "Development Standards" means the development requirements set forth
in this Section 3 of this Agreement, the SEPA conditions, and all of the regulations duly
adopted by the City, either as a part of the Port Orchard Municipal Code, or adopted
therein by reference, and any administrative regulations duly adopted by the City, that
Page 2 of 13
relate to the use, alteration or development of real property within the City,. Development
Standards does not include Construction Standards or the applicable fees in effect at such
time as grading, building, or other applicable permit applications are submitted and
deemed complete by the City.
(6) "Effective Date" means the effective date of the Adopting Ordinance.
(7) "GEM 1" means GEM 1, LLC the fee simple ' holder of the Property,
its successors or assigns. /�I
(8) "McCormick North Phase III" or
within the City, assigned Kitsap County Assess
2009, 052301-4-015-2008, 052301-4-016-2
2005, 052301-4-013-2009, 042301-3-009-2
Appendix A and legally described
approximately 129 acres and the proposed
industrial.
(10) "Vesting Date"A" rs to the date on wl
of Complete Application for ick North
Kitsap County File Number 09 6 93 c 3, 2
above./////a,. //////// ,.
11 rg
' " velo menl
// peffect on thev, j cept as
of this Agr Al
2.
"' "' means the real property
iarc �' bers 052301-4-014-
r--4-01 6, 052301-4-018-
01-3-00as depicted in
The Pro ists of
residenti use, and
'ounty issued a Notice
faster Plan project -
forth in paragraph D,
the Development Standards in
uirements set forth in Section 3
The p Co WA, i pi&ess for McCormick North Phase III required
sub of (1) a Plana and (2) a Preliminary Plat application. The City
rev '" ss does not de er Plan process for such a development. The City's
requireme� a Prelimin ��' lat plication are slightly different and slightly more detailed
than the Covtaster Pla*application requirements.
b. In '6 @ nvert the pending applications to the City permit process, the
following steps eitheA , 'already occurred or will occur:
(1) "GEM 1 has submitted modified and supplemental information requested
by City staff regarding the pending master plan and preliminary plat application, in order
to provide the additional information required to meet the City's application requirements
for preliminary plat approval (generally consisting of additional information on the
stormwater control plan).
Page 3of13
(2) The City shall review the application materials previously submitted to the
County, and the modified/supplemental information provided pursuant to the preceding
subsection l (b) (1) and determine whether, based on that information, the application
contains sufficient information to allow the City to process a preliminary plat application
for McCormick North Phase III using City processes and standards, subject to the terms
of this Agreement.
(3) If the City determines that the application co s sufficient information
to allow the City to process a preliminary plat application f / 'ck North Phase III
using City processes and standards, subject to the to s agreement, the Master
Plan application previously submitted to the Co deemed to have been
abandoned and the McCormick North Phase III sh processed as a City
preliminary plat application as set forth in this /� W
V
(4) If the City determines th pplication does notufficient
information to allow the City to process � ' ary applicatiCormick
North Phase III using City processes and s bject to of this
Agreement, the City shall so notify GEM 1 and gi M 1 an opportuity to supply
additional information that d allow the City t e a determination that the
application contains sufficient r of to allow the Cr ss a preliminary plat
application as described above. ce submit su imation, the City shall
review it pursuant to the terms s s .� 1(b) an sue a new determination.
GEM I shall also have the option t able to provide the additional
information or / odifications ed /City and to have the project
reviewed pur o licabl ds rocesses to which it is currently
vested by f its p / applicati ' sap County and the related Notice of
Complete r A_is�A4 Kitsap C
c.%/plicaft ; e "env""' to fhe City pemmt process pursuant to subsection
1(b), a e a tion sh rotes ursuant to City prceedures for preliminary plat
appr in effect / e Effec f this Agreement. This process shall include, but is
no
' o, issuance ew no '/ / application (if deemed to be required by the City) and
SEP� re ,tee City Hey �O x �// er and appeal processes.
3.
If the McCo'orth Phase III applications are converted to the City permit process
pursuant to Section ve, the Property, including all permitted land uses, shall be reviewed
and conditioned base on the Development Standards in effect on the Vesting Date, with the
following changes:
a. Minimum Residential Lot Size. The McCormick North Phase III project was
designed with and is based on a minimum residential lot size of 1500 square feet. The minimum
residential lot size for the Property shall be 1500 square feet.
Page 4 of 13
b. Tree Retention. The City and County have very different requirements for
provision of open spaces and retention of significant trees. The City's current significant tree
retention regulations are based on an assumption that a certain number of significant trees will be
retained throughout a project (defined as a tree having diameter at breast height of 36" or
greater). The County, on the contrary, requires that a certain percentage of a site be retained as
open space in which existing vegetation is protected. GEM 1, as part of the larger McCormick
North project, developed that overall project based on the County system. As a result, there are
and will be substantial areas of trees retained within the McCo North project but in a
pattern that is different than the City's lot by lot system. o accommodate this
difference, the City and GEM 1 agree that development on to �ormick North Phase
III shall be exempt from the provisions of the Port Orchard '' ee retention regulations
(PMC 16.50.180 through 16.50.220, as now or hereafter riod of fifteen years
from the date of final plat approval. After the expiraf j een j riod, any new or
additional development on any lot in McCormick h III shallbd in compliance
with the requirements of significant tree retentio ons in a ect at the lication
for such new or additional development.
C. Stormwater Control Standards. McComurth Phase III was originally
planned and development applicatio mitted on the basis o e ' ements set forth in the
Kitsap County Code Title 12 Drainage and the Kitsap Department of Public
Works Stormwater Division, "Kitsap Co er Mana Manual (KCSWDM),"
dated February 2002 with 2007 updates. ' tl a d to use more state-of-the-
art water quality best m ��� a ent practice / , t. In order to implement this
agreement, the City an 46 ee as folio
(1)� require ents set foV//
tsap County Code Title 12 Drainage
Standards, and the partme is Works Stormwater Division, "Kitsap
County Sto at Manag " dated February 2002 with 2007 updates
shall be wand �' 'on app /l of the water quantity aspects of the stormwater
contro for muck Phase Il (i.e., the volume of required retention -detention
2) The dsntained in the 2005 Department of Ecology Stormwater
Control Man d Kitsap C ty Low Impact Development Ordinance shall be used to review
and condition ter % ntrol as of the stormwater control system for McCormick
q
North Phase BI. ���///////�i. V/ F
d. Buil " � rrrri3ei t. Kitsap County and the City impose similar but different
building height limitations on the residential zone (RM — Residential Medium in the County and
R20 in the City) in which a portion of McCormick North Phase III is located, but the County
method of measuring building height is somewhat more detailed. Because the plat was designed
assuming the County measurement system, building heights in the portion of McCormick North
Phase III that is zoned R20 shall be calculated based on the provisions of Kitsap County Code
17.110.140, 17.382.020, 17.382.060 and 17.382.110 (copies attached as Appendix C.)
Page 5 of 13
e. Road Cross Sections. McCormick North Phase RI is part of a larger
development which was designed and constructed based upon the standards in the 2007 Kitsap
County Road Standards, including roadway width, sidewalk requirements, street trees and street
lighting and related appurtenances. In order to provide uniformity of appearance, a common
maintenance standard, and for consistency, except as noted below, McCormick North Phase III
shall be developed using the same road cross sections and road improvement standards that were
used in the balance of the McCormick North development. Copies of the applicable Road Cross
Sections and Road Channelization Plan are attached as Appendix D a� D-1, and F.
(1) Roads 1 through 5 shall have 6 foot wi w" � in accordance with
WSDOT Standard Plans. Road 1 shall include a center turn 1 Roads 5 and 6.
(2) Roads 2- 4 are intended to pro v' gres a R20 zone (High
density residential) parcels. The roads shall include, 6 foot si on both sides,
7 foot parking lane on one side, and 11 foot drive depicted in Appen ppendix
F. ��///Oi,. �i,,.
(3) Road 5 is intended to provide ingres' s to the Eo Zo& (employment
— industrial and office) parcels. The r shall include curb, 6 foot sidewalks both sides,
12 foot center turn lane, and 11 foot es depicted in A
(4) Road 6 is intended, ro' s/egres"e Eo Zone (employment
— industrial and office) parcels. In addition t wide center turn lane, two 11
foot wide drive lanes, t sidewalks id % picted in Appendix E, Road 6
shall also include c ater co ce ckened edge, and a cul-de-sac
installed to City , at the termin ,gad ay.
f. Critical Afd° re ' ' ' the critical area delineations and reports
prepared f ick 'ch ere originally submitted to Kitsap County)
and has t the r are COW and sufficient for review of a plat application
purs ity stan and tha eations contained therein are accurate.
Zonin an� and uses for individual parcels or future development
tracts are t to the un g ity Zoning designation and associated land use code as
identified in hard pal Code Section 16.30, as adopted on the Vesting Date. Future
development is s t t d use approval process, conditions, and potential SEPA review
identified pursuant use tables identified in Chapter 16.30.
h. Dedi8W of Additional Open Space._ Although GEM 1 has proposed to provide
sufficient open space and recreational amenities to meet applicable standards, the City has
requested that GEM 1 also dedicate additional property as open space in McCormick North
Phase III. GEM 1 agrees, in response to that request, to dedicate the additional open space
subject to the following conditions:
Page 6 of 13
(1) Within sixty (60) days of final plat approval, GEM 1 shall convey as
permanent open space to the City via quit claim deed the real property depicted in attached
Exhibit (the "dedicated property"),
(2) GEM 1 shall be allowed to construct roadway and stormwater control
facilities (both water quantity and water quality control systems) in the dedicated property. Such
facilities shall be designed and constructed in accordance with Section 3(c) of this Agreement.
In the event that the dedication occurs before the stormwater con acilities are completed,
inspected and approved by the City, GEM I shall have the right ;'` e dedicated property
for the purposes of design, construction, maintenance and r f ' facilities, including
during a period of two years after approval of the constructe
(3) GEM 1 shall be responsible tell and repair of the
stormwater facilities in the dedicated property for o years approval of the
constructed facilities. During that period of tim I shall be respons repair,
maintenance or improvements required to assur fac' ' ' are operat manner
which complies with the standards set forth in Section 3( greement. ,
/
(4) At the conclusi� of the two year m ce period set forth in the
preceding subparagraph, the City s��i esponsibility fo ing maintenance and
repair of the stormwater facilities in the d opefty
4. Term of Agreement.
a. Beca A/cd ion of elopnWP-f GEM 1's Urban Growth Area
properties, includ' ormic ' 'rth P red to take considerably longer than
the development o lat because Kit '' ty, the City of Port Orchard and GEM
1 all desire t these pro to d ' rdmated manner, the Vested Development
Standards ' id for od i e s from the Effective Date unless extended or
to ro %herein. City m //rant a single five year extension if requested by
GE if the Ci s that made a reasonable effort to complete the final plat
pr ognizing th t evelopment is dependent on market conditions, the
avai ill financing i�ri ther factors beyond the control of the parties to this
Agreement. plat appr�i may be granted for portions of McCormick North Phase III,
provided such ' lat re for all of McCormick North Phase III shall occur within the
time periods esta Section.
b. Foll "'the expiration of the term or extension thereof, this Agreement shall
have no force or eff and the Property shall be subject to the regulations duly adopted by the
City, either as part of the Port Orchard Municipal Code, or adopted therein by reference, and any
administrative regulations duly adopted by the City that relate to the use, alteration or
development of real property within the City. Provided, however, if a complete building permit
application is submitted prior to the expiration of the term or extension thereof, the City shall
allow the construction and occupation of the improvement covered by said building permit
application so long as the building permit issued on said application remains in full force and
Page 7 of 13
effect and construction is substantially completed within 18 months of the date the City issues
the building pemut.
5. Phasing.
GEM 1 shall be allowed to develop the property in phases, with the phases being allowed to
occur in such sequence as GEM 1 deems necessary in order to meet economic demands.
Provided, however, GEM 1 must complete in each phase the impro nts that are determined
necessary by the City to adequately protect the public heal ety with regards to
pedestrian and traffic circulation, emergency access, stormw a ent, and utilities as
they relate to the proposed phase. %jam
In the event that market conditions or other
(residential, commercial, industrial) within the
subject to the following:
the type of uses
main in effect,
a. Stormwater controls: GEM shall be entl4TO "clop its proWpursuant to
the standards set forth in Section 3(c), above, Wed that if the total impervious
surface area in the r development exce e ' pervious area that is
assumed in the stormwa esigned in accor Section 3(c), GEM
shall design and install the di s water required by the revised
development in accord wi /// ty f " rt Orchard's stormwater
regulations d standards m tr j j ing of the application for the
revised ' t.
b. Ad i '' . Area. In ent that a revised development would
me ase the ' g ily residential uses, lot sizes and parking
en ts in a nal area shall comply with City of Port Orchard
� stan" in effec n ap ication for development of the additional area is
vested. der to ' uniform appearance and consistency, any additional
td nti es s ed eu ec to the
building height and road cross section
an (e) and (f), above.
II
No party shall be iYf'�/oWfault under this Agreement unless it has failed to perform following
written notice of default from the other party. Notice of default shall allow the defaulting party
thirty (30) days to cure or commence cure where thirty (30) days is insufficient for a complete
cure. Each notice of default shall specify the nature of the alleged fault and the manner in which
the default may be cured satisfactorily. A party not in default under this Agreement shall have all
rights and remedies provided by law or equity, including without limitation: issuance of a stop
work order, injunction, damages, action for specific performance, or to require action consistent
with this Agreement. Nothing herein will operate to prevent either party from taking legal action
Page 8 of 13
regarding noncompliance that threatens public health, safety or welfare prior to the expiration of
the thirty (30) day cure period following notice of default. No such action or preceding will
operate to automatically terminate this Agreement, nor shall it release either party from any
promise or obligation herein nor shall it release either party from any liability or obligation with
respect to any breach of this Agreement occurring prior to the commencement of any legal action
by a party.
7. Notices.
All notices required by this Agreement shall be deemed deliv ' the pective party on the
date that it is personally delivered to the address(es) set f '% or on the date that it is
successfully sent by facsimile transmission to the facsimi s)� below:
City: James Weaver
City Development _, /
216 Prospect Street
Port Orchard, WA 98366
Phone: 360-8764991
With a copy to:
Gregory A. JI
City Attornei,
P.O. Box 131
1ma. WA
IN' LIVANwa ME
360-876-3511
With a
////��� 601 114s Avenue SE, Suite 110
Bellevue, WA 98004
Phone: 425-451-2812
Facsimile: 425-451-2818
8. Reimbursement for Agreement Expenses of the City.
GEM I agrees to reimburse the City for actual expenses incurred over and above fees paid by
GEM 1 as an applicant incurred by City directly relating to this Agreement, including recording
Page 9 of 13
fees, publishing fees, and reasonable consulting and legal fees not otherwise included within
application fees. This Agreement shall not take effect until the fees provided for in this section
are paid to the City. Such payment of all fees shall be paid, at the latest, within thirty (30) days
from the City's presentation of a written statement of charges to GEM 1.
9. Amendments.
No change or modification of this Agreement shall be valid unless a is in writing and is
signed by authorized representatives of the City and GEM 1. Prov' any such amendment
shall follow the process established by law for the adoption o to ent agreement, as set
forth in RCW 36.7013.200. No purported or alleged waiv the provisions of this
Agreement shall be binding or effective unless in writin ed ' party against whom
it is sought to be enforced.
10. Serious Threat to Public Health
Pursuant to RCW 36.70B.170(4), the City reserves to impose I W."'or different
regulations affecting the Property, including but not 'ted to amendments to the
Comprehensive Plan, Zoning Code, al Zoning Map, or / to ent regulations, to the
extent required by a serious threat to pu ,sand safety.///�j
11. Recording; Binding
This Agreement and ent amen the 1 be recorded with the Kitsa
gre P
County Auditor. G all ponsibl a ost recording this Agreement and any
subsequent amen ereto. a rights, ob ° % onditions and interests set forth in this
Agreement shall I shall inur benefit of and be binding upon the GEM
1, and its h ' sonal , '' es and assigns and shall benefit the properties
describe ' ' B. G //h ha right to convey, assign, apportion or otherwise
transf and �'ts right ons'conditions, and interests under this Agreement.
Pro however, thirty s of the effective date of GEM 1's conveyance,
ass ��Tportionme� / oth fer of its rights under this Agreement, GEM 1 must
the City
12.
Parties.
Notwithstanding an ' 'provision of this Agreement, or any other agreements, contracts, or
obligations which erive herefrom, nothing herein shall be construed to make the City or
GEM 1 partners or joint venturers, or to render any other parties liable for any of the debts or
obligations of the other parties, it being the intention of this Agreement merely to create the
agreements set forth herein.
13. Third Party Legal Challenge.
Page 10 of 13
In the event any legal action or special proceeding is commenced by any person or entity other
than a party to this Agreement, and a party's successor or assigns, to challenge this Agreement or
any provision herein, the City may elect to tender the defense of such lawsuit or individual
claims in the lawsuit to GEM I and its successors or assigns. In such event, GEM 1 and its
successors or assigns shall hold the City harmless from and defend the City from all costs and
expenses incurred in the defense of such lawsuit or individual claims in the lawsuit, including but
not limited to attorney's fees and expenses of litigation, and damages awarded to the prevailing
party or parties in such litigation. GEM 1 and its successors or assi 1 not settle any lawsuit
without the consent of the City. The City shall act in good fai % all not unreasonably
withhold consent to settle. i��
14. Specific Performance.
The parties specifically agree that damages are
Agreement, and that the parties are entitled to coV
of this Agreement by any party in default thereof.
15. No Third Party Beneficiaries.
This Agreement is made and entered
and their successors and assigns. No
provision of this Agreement.
16.
This Agreement sl
Washington. Any
County Super
may be
18.
Venue.
and
of this
1 terms
protection "" t of the parties hereto
;lfilhE any action based upon any
with the laws of the State of
Agreement shall be brought in Kitsap
copies, each of which shall be deemed an original.
Construction.
This Agreement c the entire agreement of the parties and incorporates all prior
discussions and al s. The captions throughout this Agreement are for convenience and
reference only and ords contained in them shall not be held to expand, modify, amplify or
aid in the interpretation, construction or meaning of this Agreement. All parties hereto have
been represented by legal counsel and accordingly hereby waive the general rule of construction
that an agreement shall be construed against its drafter.
19. Attorney's Fees.
Page 11 of 13
In the event that any party to this Agreement brings a lawsuit against any other party in order to
enforce any provision of this Agreement or to redress any breach thereof, the prevailing parry in
any such lawsuit shall be entitled to recover its costs and reasonable attorney's fees in addition to
any other available remedy.
IN WITNESS WHEREOF, this Agreement was executed by the parties on the dates
hereinafter indicated.
CITY OF PORT ORCHARD
By:
Its:
Date:
GEM 1, LLC
am
Date:
STATE OF W
F,
tory evidence that is the person
wh/ '` before me,� said n acknowledged that he/she signed this instrument, on
oath state � he/she w �o ' d to execute the instrument and acknowledge it as the
to be the fee and voluntary act of such party for the
purposes mentio
SUBSCRIB SWORN to before me this day of 20 .
NOTARY PUBLIC in and for the State of
Washington, residing at
My appointment expires:
Page 12 of 13
STATE OF WASHINGTON )
SS.
COUNTY OF KITSAP )
I certify that I know of have satisfactory evidence that is the person
who appeared before me, and said person acknowledged that he/she signed this instrument, on
oath stated that he/she was authorized to execute the instrument d acknowledge it as the
of the City of Port Orchard to be the fee and v "' act of such party for
the purposes mentioned in the instrument. A�UFF/5/j//
SUBSCRIBED AND SWORN to before me this oOii,, 20_
Wapent
IC in and I ' to of
W�g at
Mexpires: 7//
Page 13 of 13
MCCORMICK NORTH PHASE III DEVLOPMENT AGREEMENT - APPENDIX A
NW 1/4, SW 1/4, SEC. 4, AND THE SE 1/4, SEC 5,
TWP. 23 N., RGE. 1 E., W.M.
KITSAP COUNTY WASHINGTOr
I
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C�' ° o'•s1
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0 400 BOO 1600 2400S3'B>3�',t$
4L I,sNO 3•'
SCALE 1" = 800'
Vo H06 G. GWdEaM 4: endtialeo, lne. GEMI L.L.C. JOB N708I00
9ane7an • Plmm
P.O. Bo: 9585 9BL 4s W-1090 MCCORMICK NORTH MASTER PLAN
&Beat, TA 9W Fez 425 492-7719 PHASE III, URBAN VILLAGE
SCALE: r = BOO' R: APGCR BY: KJT
PSSF: 04005 DATE: 9/8 08 KITSAP COUNTY WASHINGTON
DWG: OBIOOEOI.dw LKNAPP 09/10/08 08:53 M:\A CAD SURVEY\O8\OBI00\08100EOI.dvg
a
MCCORMICK NORTH PHASE III DEVLOPMENT AGREEMENT - APPENDIX B
September 10, 2008
LEGAL DESCRIPTION
FOR
GEM1, L.L.C.
MCCORMICK NORTH MASTER PLAN PHASE III, URBAN VILLAGE
That portion of the Southwest quarter of Section 4 and the Southeast quarter of Section
5, Township 23 North, Range 1 East, Willamette Meridian, Kitsap County, Washington, lying
North of Old Clifton Road and lying West of the following described line:
Beginning at the Southeast corner of said Section 5;
Thence N 87002'01" W along the South line of said Section 5 a distance of 835.91 feet;
Thence N 5032'11" E a distance of 30.03 feet to the North margin of said Old Clifton
Road and the TRUE POINT OF BEGINNING of the herein described line, said point also being a
point on the arc of a curve, the center of which bears S 84027'49" E;
Thence Northerly along the arc of a curve to the right, said curve having a radius of
430.00 feet, through a central angle of 24°59'29", a distance of 187.56 feet;
Thence N 28°00'49" E a distance of 455.92 feet;
Thence N 30°31'40" E a distance of 1257.51 feet to a point of curve;
Thence Northerly along an arc of a curve to the left, said curve having a radius of 800.00
feet, through a central angle of 27050'52", a distance of 388.83 feet;
Thence N 2°40'48" E a distance of 457.96 feet;
Thence N 87°19'12" W a distance of 10.00 feet to a point on the arc of a curve, the center
of which bears S 87°19'12' E;
Thence Northerly along the arc of a curve to the right, said curve having a radius of
710.00 feet, through a central angle of 9006'46", a distance of
112.93 feet to a point on the East — West centerline of said SectionO
4, distant thereon 89.08 feet, S 88°52'10" E from the West quarter
corner of said Section 4 and the TERMINUS of the herein described 1��� w
line
EXCEPT any portion thereof lying within the Northwest
quarter of said Southeast quarter of said Section 5.
081000EM1241 x-2010o.00c Prepared by:
Page 1 of i Checked by: `/, .
04W ro
(8fl21 '1'
ISTER,•'J4
yANV
5
la GOLDSMITH
FANG OF YEIO PMENI SF 9VICF5
MCCORMICK NORTH PHASE III DEVLOPMENT AGREEMENT - APPENDIX C
Building Height for McCormick North Phase III Preliminary Plat
Per Kitsan County Code Title 17
Zoning: RM Zone — Residential Medium
(Converted to R20 per Port Orchard Annexation)
I. DEFINITION -BUILDING HEIGHT:
17.110.140 Building height.
"Building height" is the vertical distance above a reference datum measured to the highest point
of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the
highest gable of a pitched or hipped roof.
(Ord. 367 (2006) § 5 (part), 2006: Ord. 216 (1998) § 4 (part), 1998)
H. DENSITY, DIMENSIONS, AND DESIGN - Chapter 17.382.020
C. Height. Except as provided for in Section 17.382.110(Ax14), height shall be measured
from a reference datum to the highest point of the coping of a flat roof, to the deck line of a
mansard roof, or to the average height of the highest gable of a pitched or hipped roof. The
reference datum shall be selected by either of the following, whichever yields a greater height of
building:
1. The elevation of the highest adjoining sidewalk or ground surface within a five-foot
horizontal distance of the exterior wall of the building when such sidewalk or ground surface is
not more than ten feet above lowest grade.
2. An elevation ten feet higher than the lowest grade when the sidewalk or ground surface
described in subsection (C)(l) of this section is more than ten feet above lowest grade.
3. The height of a stepped or terraced building is the maximum height of any segment of the
building.
H. DENSITY, DIMENSIONS, AND DESIGN - Chapter 17.382.060
17.382.060 Urban Residential Density and Dimensions Table.
Urban Low -Density Residential
Urban Medium/High-
Density Residential
UCR
IGZ
UR
UL
UM
UH
Standard
(5)
(33)
(33)
(5)
(5)
(33)
C:\Backup 02-14-060evelopment Sub Aren\MoCortnick North\McCormick North Phase IB\Bldg Height PH III Pro -Plat Dev
Agree (KC Code)120709.doc
12/8/2009 1 is
(50)
(33)
4
1
1
4
10
Minimum density (du/acre)
(3)
(3)
19
(19)
(18)
(18)
(19)
(19)
9
4
5
9
18
Base/Maximum density (du/acre)
30
(19)
(18)
(18)
(19)
(19)
None for multi-
Minimum2,400
lot size (39)
5,800
5,800
2,400
family;
None
s.f.
s.f.
s.f.
s.£
2,400 s.f. for
single-family
0 for multi-
40
family;
Lot width (feet)
40
60
60
60
(20)
40 for single-
family
0 for multi-
family;
Lot depth (feet)
60
60
60
60
60
60 for single-
family
35
35
35
Maximum height (feet) (40)
35
35
35
(50)
(17)
(17)
Maximum impervious surface coverage
NA
40%
50%
NA
85%
85%
(Ord. 420 (2008) § 8 (part), 2009; Ord. 415 (2008) § 155, 2008: Ord. 367 (2006) § 106 (part),
2006)
17.382.110 Footnotes for tables.
17. A greater height may be allowed as set forth below and in accordance with the procedures
in Title 21 of this code. Such approval must be consistent with the recommendations of the fire
marshal/fire district and compatible with surrounding uses and zones. Such approval shall result
in a decrease in building coverage, an increase in public amenities, and/or a more creative or
efficient use of land. The maximum building height approved by the director shall not exceed:
C:1Backup 02-14.060evelopment Sub Areas\McCormick NOrth\McCormick North Phase II11BIdg Height PH [II Pr -Plat Dev
Agree (KC Code) 120709.doc
12/8/2009 2
a. In the UM, NC, and P zones: forty-five feet.
b. In the UH, HTC, and RC zones: sixty-five feet.
c. In the BP, BC, and IND zones: fifty feet.
d. In the mixed use zone:
i. Within Silverdale, the maximum height shall be 45 feet;
ii. Along the Highway 303 corridor, the maximum height shall be sixty-five feet;
iii. Along Perry and National Avenues, the maximum height shall be forty-five feet.
CABackup 02-14-06\Development Sub AreasU4cComick North\McCormick North Phase IIFBldg Height PH III Pre -Plat Dev
Agree (KC Code) 120709.doc
12/gl2009 3 49
MCCORMICK NORTH PHASE III DEVELOPMENT AGREEMENT - REVISED APPENDIX 0
MCCORMICK NORTH PHASE III DEVLOPMENT AGREEMENT -APPENDIX D-1
c. MCCORMICK NORTH PHASE III DEVLOPMENT AGREEMENT -REVISED APPENDIX E
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MCCORMICK NORTH PHASE III DEVLOPMENT AGREEMENT - EXHIBIT 1
BEFORE THE HEARING EXAMINER
FOR THE CITY OF PORT ORCHARD
In the Matter of the Application of )
Doug Skrobut, on behalf of )
GEM 1, LLC )
For a Preliminary Plat )
RECEIVED.
OCT 21 2010
CITY OF PORT ORCHARD
No. SUBDIV 10-01 ! PLANNING DEPARTMENT
McCormick North Phase III
FINDINGS, CONCLUSIONS,
AND DECISION
SUMMARY OF DECISION
The City staff and Applicant agreed to a draft Development Agreement for the McCormick
North Phase III Preliminary Plat. A Development Agreement must be approved by the City
Council, a process that had not yet been completed at the time of the hearing on the preliminary
plat application. To be approved, the preliminary plat application must be consistent with City
Code, as modified by the Development Agreement, as well as with the requirements of state law
in Chapter 58.17 RCW. The purpose of the hearing on the preliminary plat application was to
collect the evidence from the City, the Applicant and the public so that the Hearing Examiner
could make a decision on the preliminary plat application based upon the evidence presented.
The Hearing Examiner reviewed the application for compliance with the Development
Agreement and RCW 58.17, and conditionally APPROVES the preliminary plat. The approval
is contingent upon a separate approval of the draft Development Agreement by the City Council.
If the draft Development Agreement is approved by the City Council, the approval of the
preliminary plat will be final on the date of City Council approval of the Development
Agreement. If the City Council does not approve the draft Development Agreement, the
preliminary plat application also will not be approved.
SUMMARY OF RECORD
Request:
Doug Skrobut, on behalf of Gem 1, LLC, requests a preliminary plat to subdivide 129 acres into
159 single-family lots with two future development tracts; a mixed use future development tract;
18 future commercial development tracts; and open space, common open space, utility, and
stormwater tracts. The property subject to the request is located on a site bounded by Feigley
Road SW on the west and SW Old Clifton Road to the south with unincorporated Kitsap County
to the north and the McCormick North Phase I Preliminary Plat to the east within Port Orchard,
Washington. The City and Applicant have agreed to a draft Development Agreement that
applies to the preliminary plat.
Hearing Date:
The Hearing Examiner held an open record hearing on the request on October 7, 2010.
Findings, Conclusions, and Decision
City of Port Orchard Hearing Examiner
McCormick North Phase III, Preliminary Plat, No. SUBDIV 10-01
Page I of 23
Testimony:
The following individuals presented testimony under oath at the open record hearing:
Tom Bonsell, City Associate Planner
Ellen Ferguson, City Administrative Assistant
James Weaver, City Development Director
Doug Skrobut, Applicant's Authorized Agent
Exhibits:
The following exhibits were admitted into the record:
1. Application submittal, including the following documents:
A. Application, received March 11, 2010
B. Contact information, received March 11, 2010
C. Authorization letter, dated September 28, 2009
D. Letter from Doug Skrobut to Development Director James Weaver regarding
procedural and substantive issues due to the application transfer from Kitsap
County to the City of Port Orchard, dated October 20, 2009
E. Legal Description, prepared by Gerald Retzlaff, Goldsmith Land Development
Services, dated September 21, 2009
F. Project location and description, dated October 15, 2009
G. Preliminary plat drawings, received October 27, 2009
Sheet 1, Cover Sheet
Sheet 2, Existing Conditions
Sheet 3, Overal (sic) Preliminary Plat
Sheet 3-S, South Portion
Sheet 3-N, North Portion
Sheet 4, Conceptual Utility and Road Plan: Overall
Sheet 4-S, Conceptual Utility and Road Plan: South Portion
Sheet 4-N, Conceptual Utility and Road Plan: North Portion
Sheet 5, Conceptual Road 1 Plan & Profile
Sheet 6, Conceptual Road 1 Plan & Profile
Sheet 7, Conceptual Road 5 Plan & Profile
Sheet 8, Conceptual Road 5 Plan & Profile
Sheet 9, Conceptual Road 6 Plan & Profile
Sheet 10, Conceptual Road 6 Profile
Sheet 11, Conceptual Road 6 Profile
H. Site Plan, received October 27, 2009
I. Vicinity map, received October 27, 2009
J. Conditional Water Availability letter — City of Bremerton, Public Works, dated
August 20, 2009
K. SEPA Checklist, dated March 3, 2010
Findings, Conclusions, and Decision
City of Port Orchard Hearing Examiner
McCormick North Phase III, Preliminary Plat, No. SUBDIV 10-01
Page 2 of23
L. Wetland and Stream Delineation Report, GeoEngineers, dated December 2, 2008
M. Traffic Impact Analysis, Transpogroup, dated November 4, 2008
N. Sewer Capacity Availability letter — City of Port Orchard Public Works, dated
May 8, 2009
O. Parking Plan, received March 11, 2010
P. Property Owners List verification, map, and labels, received March 11, 2010
Q. Preliminary drainage control plan and downstream analysis, Goldsmith Land
Development Services, dated October 2009
2. Application transmittal Request for Review, dated March 16, 2010
3. Kitsap County Assessor Property Report & Parcel Maps, viewed March 15, 2010
4. Memo from Greg Rogers, South Kitsap Fire & Rescue to Tom Bonsell, dated March 18,
2010
5. Letter of Determination of Completeness from Tom Bonsell, dated July 15, 2010
6. Kitsap County South Kitsap UGA/ULID #6 Sub -Area Plan, dated December 8, 2003
7. Memorandum from Andrea Archer, City Assistant Engineer to Tom Bonsell, dated
August 24, 2010
8. Memorandum from Andrea Archer, City Assistant Engineer to Tom Bonsell, dated
August 23, 2010
9. Notice of Application/SEPA Threshold Determination, dated September 3, 2010
10. Affidavit of mailing and posting of Notice of Application and SEPA Threshold
Determination with attachments, dated September 3, 2010
I t . Affidavit of publication of Notice of Application and SEPA Threshold Determination
with attachment, dated September 3, 2010
12. Distribution list for agencies receiving NOA/SEPA Determination with attachments,
dated September 3, 2010
13. Email from Tom O'Brien, South Kitsap School District #402, to Ellen Ferguson, dated
September 16, 2010, with email string
14. Affidavit of mailing and posting of Notice of Public Hearing, dated September 17, 2010
15. Affidavit of publication of Notice of Public Hearing, dated September 17, 2010
16. Mitigated Determination of Nonsignificance, dated September 20, 2010
17. Draft Development Agreement between the City of Port Orchard and GEM 1 LLC, with
attachments, dated September 7, 2010
18. Site plan showing additional parking for proposed park along Road 6, received
September 20, 2010
19. E-mail from Doug Skrobut to Gregory Jacoby regarding the Development Agreement for
McCormick Woods Phase III Preliminary Plat, dated September 24, 2010, with email
string
20. Staff report by Associate Planner Tom Bonsell, for October 7, 2010 hearing
21. Staff Report and Recommendation to the Hearing Examiner, Conditions of Approval —
Response Matrix, dated October 1, 2010
22. Figure 4-5, "L' Intersection, Very Low Volume Local Roads, Kitsap County Department
of Public Works, dated August 10, 2007, Appendix F to Development Agreement
23. Revised — McCormick North Phase III Development Agreement
Findings, Conclusions, and Decision
City of Port Orchard Hearing Examiner
McCormick North Phase 111, Preliminary Plat, No. SUBDIV 10-01
Page 3 of23
Appendix A, McCormick North Mater Plan Phase III, Urban Village, dated September 8,
2008, with replacement Appendices for Development Agreement
Appendix B, Legal Description, dated September 10, 2008
Appendix C, Building Height per Kitsap County Code Title 17 (Converted to R20 per
Port Orchard Annexation)
Appendix D, Road Channelization Road 6, Sheet RD-6
Appendix D-1, Additional Parking for Proposed Park Along Road 6, Sheet PK-1
Appendix E, McCormick north Phase III Road Sections, revised October 6, 2010
Exhibit 1, Open Space to be dedicated to the City of Port Orchard
24. Staff Report and Recommendation to the Hearing Examiner, Conditions of Approval —
City Proposed Resolutions, dated October 6, 2010
25. Draft Development Agreement, revised October 6, 2010
26. City Council Work Study Session Minutes, May 18, 2010, page 2; City Council Work
Study Session Agenda for June 15, 2010, and meeting minutes
The Hearing Examiner enters the following Findings and Conclusions based upon the testimony
and exhibits admitted at the open record hearing:
FINDINGS
Preliminary Plat Application and Public Notice
Doug Skrobut, on behalf of GEM 1, LLC (Applicant), requests a preliminary plat to
subdivide 129 acres. The preliminary plat consists of 159 single-family lots and two
future development tracts within the R20 zone; a mixed use future development tract
within the Mixed Use Development zone; 18 future commercial development lots within
the Employment Industrial and Office zones; and open space, utility, and stormwater
tracts.2 The Applicant's Environmental Checklist further describes the proposal as
including approximately 50 acres for approximately 585,000 square feet of business park
development, and approximately seven acres for village center/mixed use development.
The remaining 30 acres includes open space, critical areas, and storm water tracts. The
property subject to the request is located on a site bounded by Feigley Road SW on the
west and SW Old Clifton Road to the south with unincorporated Kitsap County to the
north and the McCormick North Phase I Preliminary Plat to the east within Port Orchard,
' Ile Project Description (Exhibit I.F) and the Staff Report (Exhibit 20, page 1) described the project as 159
residential "units." The preliminary plat, Exhibit 1.G, Sheet 3, and conditions No. 11 and 12 referenced lots. ThL
decision will refer to residential lots. The Staff Report, Exhibit 20, page 1, describes 18 non-residential lots for
commercial development. The preliminary plat, Exhibit I.G, Sheet 3, references tracts. This decision will refer to
commercial lots
z Condition No. 33 provides: "Approval of the preliminary plat shall not be construed to mean approval of the total
number of lots or configuration of the lots and tracts. These parameters may be required to be revised from the final
design to meet all requirements of City of Port Orchard Municipal Code." Exhibit 20, Staff Report, page 15.
Findings, Conclusions, and Decision
City of Port Orchard Hearing Examiner
McCormick North Phase III, Preliminary Plat, No. SUBDIV 10-01
Page 4 of 23
Washington.' Exhibit 1.A; Exhibit LG, Sheet 3; Exhibit LH,- Exhibit LI, page 2;
Exhibit 20, Staff Report, page 1.
2. The City of Port Orchard (City) received the preliminary plat application on March 11,
2010' The City determined that the application was complete on July 15, 2010. On
September 3, 2010, the City mailed notice of the application to owners of property
surrounding the subject property, posted notice on the subject property, and published
notice of the application. On September 17, 2010, the City mailed notice of the open
record hearing associated with the application to surrounding property owners and
interested parties, posted notice on -site, and published notice in the Port Orchard
Independent. Exhibit 5; Exhibit 9; Exhibit 10; Exhibit 11; Exhibit 13; Exhibit 14; Exhibit
15; Exhibit 20, Staff Report, page 12; Testimony of Mr. Bonsell; Testimony of Ms.
Ferguson.
SEPA Review
The City acted as lead agency to analyze the environmental impacts of the proposed
preliminary plat as required by the State Environmental Policy Act (SEPA), Chapter
43.21C Revised Code of Washington (RCW).5 The City reviewed the Applicant's
environmental checklist. The City determined that, with conditions, the proposed plat
would not have a probable significant adverse impact on the environment. The City
issued a Mitigated Determination ofNonsignificance (MDNS) on September 20, 2010.
The 18 MDNS conditions address stormwater permits, erosion control measures, public
access, road development standards, wetland/stream and native vegetative screening
buffers, street parking, pedestrian access, and student access to schools. No appeal of the
MDNS was received prior to the appeal deadline of October 4, 2010. Exhibit 12; Exhibit
16; Exhibit 20, Staff Report, page 12.
' The property is identified by tax parcel numbers 0523014-014-2009, 052301 4-015-2009, 052301-1-016-2007,
0523014-017-2006,052301-4-018-2005,052301-4-013-2009,042301-3-009-2009,042301-3-007-2001. Exhibit
25, Draft Development Agreement, page 3. The Applicant's preliminary plat cover sheet, Exhibit 1.15, Sheet 1;
Application, Exhibit LA; Environmental Checklist, page 3, Exhibit 12; and Kitsap County Parcel Search, Exhibit 3,
reference tax parcel number 052301-4-013-2000. This decision will reference the tax parcel numbers in the draft
Development Agreement. A legal description is provided in Exhibit I.E.
Doug Skrobut, the Applicant's authorized agent, testified that McCormick North consists of three phases, with
Phase I and lI already approved by Kitsap County. Testimony of Mr. Skrobut. On February 23, 2009, McCormick
North, Phase 111 was submitted to Kitsap County as a Master Planned Development. The site was annexed into the
city of Port Orchard as apart of the McCormick Woods Annexation on July 8, 2009. Exhibit 20, Staff Report, page
3.
A Final Environmental Impact Statement (FEIS) was issued in August 1985 for the McCormick Woods Masters
Plan; a draft Supplemental Environmental Impact Statement for the Draft South Kitsap UGA/ULID #6 Sub -Area
Plan was issued on October 26, 2001, as an integrated SEPA/GMA document phased environmental review under
WAC 197-11-060(5); a final Supplemental Environmental Impact Statement for the South Kitsap UGA/ULID #6
Sub -Area Plan was issued on January 9, 2002. Exhibit 12, NOA, page 2.
Findings, Conclusions, and Decision
City of Port Orchard Hearing Examiner
McCormick North Phase lll, Preliminary Plat, No. SUBDIV 10-01
Page 5 of 23
Zoning and Comprehensive Plan
4. The 129 acres has four zoning designations: R20; Employment Industrial and Office
zone (Eo); Mixed Use Development zone (Mxd); and Greenbelt (Gb). Surrounding
property to the north is zoned Urban Reserve (1 DU per 10 Acres). Property to the west
is zoned R-8. Property to the south is zoned Urban Medium Kitsap County (10-18 DU
per acre). Property to the east is zoned Greenbelt. The property also has four
Comprehensive Plan designations: Residential High Density; Employment Industrial;
Commercial; and Greenbelt. Property to the north has a Comprehensive Plan designation
of Urban Reserve. Property to the east is designated Greenbelt. Property to the south is
designated Urban Medium within Kitsap County. Property to the west is designated
Residential Medium Density. Exhibit 1.G, Sheet 2; Exhibit 1.K, page 8; Exhibit 20, Staff
Report, page 2.
5. The purpose of the R20 zone is to: (a) Allow high density residential development in
urban locations where public services and facilities are most available; (b) Implement
comprehensive plan goals and policies for housing quality, diversity, and affordability;
and (c) Efficiently use residential land, public services, and energy. Port Orchard
Municipal Code (POMC) 16.13.140(I). The R20 zone allows a minimum lot size of
2,178 square feet; maximum lot coverage of 85 percent; and minimum landscaping site
coverage of 15 percent. The R20 zone allows for development at a density of up to 20
dwelling units per net usable acre.6 The proposed development within the R20 zone
would be ten to 17 dwelling units per acre. POMC 16.40.025; Exhibit 1.F, page 2;
Exhibit 20, Staff Report, page 7.
6. The purpose of the Employment Industrial and Office zone (Eo) is to: (a) Provide for the
location and grouping of industrial and related enterprises and activities involving
manufacturing, assembly, fabrication, processing, bulk handling and storage, research
facilities, warehousing, and heavy trucking; (b) Provide land for those types of
professional, research, business, service, and similar uses which are based in office
structures and which require separate sites or developments from other more commercial
and retail activities; and (c) Protect the land base for economic development and
employment opportunities. POW 16.13.160(1); Exhibit 20, Staff Report, page 7.
The purpose of the Mixed Use Development zone (Mxd) is to: (a) Provide a permissive
and alternative zoning procedure for innovative, pedestrian oriented mixed use site and
building developments or physical design proposals that are capable of providing
substantial value to the community over conventional zone districting; and (b) Implement
comprehensive plan goals and policies for housing diversity, affordability, and to
efficiently use land, public services, and energy. The mixed use district may vary the
height, use, organization, design, intensity, size or other feature of the proposed
`Net usable site area is defined as "the total site area less sensitive environmental features (equal to gross useable
site area) and dedications as these areas are defined elsewhere in this code." POMC 16.40.040.
Findings, Conclusions, and Decision
City of Part Orchard Hearing Examiner
McCormick North Phase Ill, Preliminary Plat, No. SUBDIV 10-01
Page 6 of 23
development, but shall not vary from the environmental, market, community impact,
infrastructure, design, and other objectives of this title and the comprehensive plan.
POMC 16.13.170(1); Exhibit 20, Staff Report, pages 7 and 8.
8. The purpose of the Greenbelt zone (Gb) is to preserve and protect natural areas that are
unique in character and insure that natural systems will be maintained. POMC
16.13.110(1). Residential development is allowed within the Gb zone at a density of one
dwelling unit per two acres, with no minimum lot size requirement. The Gb zone allows
maximum lot coverage of 15 percent, with minimum landscaping site coverage of 85
percent. POMC 16.40.025; Exhibit 20, Staff Report, page 7.
9. The City Comprehensive Plan contains goals and policies relevant to the proposed
development. Housing Element goals and policies promote affordable housing through
innovative standards, inftll development, increased densities, and a variety of attractive
housing choices for mixed income levels. Land Use Element goals and policies promote
the vitality of the City with creative design, preservation of environmentally sensitive
areas, a mixture of land uses, and an awareness of private property rights. The City staff
identified Comprehensive Plan Goal 2 Policies HS-7, HS-10; and Goal 4, Policy HS-19
as relevant to the proposal and found the proposed project in compliance with the City's
Comprehensive Plan. City Comprehensive Plan; Exhibit 20, Staff Report, page 4.
10. Kitsap County approved the Kitsap UGA/ULID #6 sub -area plan for the McCormick
Woods area in December of 2003. The City adopted this sub -area plan by reference as
part of the 2009 City Comprehensive Plan update. The City staff found the proposed
project in compliance with sub -area plan. Exhibit 20, Stgf'Report, page 5.
Development Agreement
11. Revised Code of Washington (RCW) 36.7013.170 (1) allows a local government to enter
into a development agreement with a person having ownership or control of real property
within its jurisdiction. A development agreement must set forth the development
standards and other provisions that will govern the development of the real property for
the duration specified in the agreement. James Weaver, City Planning Director, testified
that the City Attorney presented a draft Development Agreement governing development
the subject property to the City Council's Work Study Sessions on May 18, and June 15,
2010. RCW 36.70B.170(1); Exhibit 26; Testimony of Mr. Weaver.
t2. The Applicant testified that if the draft Development Agreement is approved by the City
Council, the following standards would apply to development of the preliminary plat:
• The minimum residential lot size would be 1500 square feet.
• The City's significant tree retention regulations would not apply for 15 years from
date of final plat approval.
Findings, Conclusions, and Decision
City of Port Orchard Hearing Examiner
McCormick North Phase III, Preliminary Plat, No. SUBDIV i0-01
Page 7 of23
The Kitsap County Code Title 12 Drainage Standards and 2002 Kitsap County
Stormwater Management Manual with 2007 updates would be used for water
quantity aspects of stormwater control, while standards in the 2005 Department of
Ecology Stormwater Control Manual and Kitsap County Low Impact
Development Ordinance would be used to review water quality control aspects of
stormwater control.
• Building heights in the R20 zone would be calculated according to the Kitsap
County Code.
Roads would be developed based on the 2007 Kitsap County Road Standards.
• Land uses would be subject to the underlying City Zoning designation and
associated land use code as identified in Chapter 16.30 POMC, as adopted on the
Vesting Date.'
• Additional open space would be provided beyond that required in the City code.
In addition, the Vested Development Standardss would be valid for a period of fifteen
years from the Effective Date, unless extended or terminated as provided by the
Development Agreement. Exhibit 22; Exhibit 23; Exhibit 25, Sections 3 and 4;
Testimony of Mr. Skro but.
13. The Applicant and City staff agreed to three proposed changes to the draft Development
Agreement (Exhibit 25) during the course of the hearing on the preliminary plat to clarify
road standards. This would be accomplished by adding Exhibit 22, (Appendix F: Kitsap
County 2007 Adopted Road Standards; "L Intersection— Very Low Volume Local
Roads") to the draft Development Agreement appendixes to modify Exhibit 1.G Sheet 4.
A reference to Appendix F is added to Section 3.e and 3.e.(2) of the draft Development
Agreement. In addition, a revised set of Appendixes A-E, and a new Exhibit 1 was
submitted for the record as part of the revised Development Agreement. Taken together,
Exhibits 22, 23 and 25 make up the draft Development Agreement to be reviewed by the
City Council. Exhibit 22; Exhibit 23; Exhibit 25; Testimony of Mr. Skrobut.
"Me draft Development Agreement defines `Nesting Date," as follows: "'Vesting Date' refers to the date on which
Kitsap County issued a Notice of Complete Application for the McCormick North Phase III Master Plan project —
Kitsap County File Number 09 65893 (March 13, 2009), as set forth in paragraph D, above." Exhibit 25, Section
l (a)(l0).
"The draft Development Agreement defines "Development Standards" as follows: "'Development Standards'
means the development requirements set forth in this Section 3 of this Agreement, the SEPA conditions, and all of
the regulations duty adopted by the City, either as a part of the Port Orchard Municipal Code, or adopted therein by
reference, and any administrative regulations duly adopted by the City, that relate to the use, alteration or
development of real property within the City. Development Standards does not include Construction Standards or
the applicable fees in effect at such time as grading, building, or other applicable permit applications are submitted
and deemed complete by the City." Exhibit 25, Section l.a,(5).
' The draft Development Agreement defines "Effective Date," as follows: "'Effective Date' means the effective date
of the Adopting Ordinance." Exhibit 25, Section l (a)(6).
Findings, Conclusions, and Decision
City of Port Orchard Hearing Examiner
McCormick North Phase III, Preliminary Plat, No. SUBDIV 10-01
Page 8 of 23
Description of Property
14. The western portion of the site is a square with the southwest comer formed by the
intersection of Feigley Road SW and SW Old Clifton Road. The northern half of this
square would contain 159 single-family residential lots, with the south half reserved for
future residential development. The middle portion of the site is an adjacent rectangle
extending north from SW Old Clifton Road. Most of this rectangle would feature
commercial lots as well as open space and stormwater control tracts, with a mixed use
tract in the southeast corner. The eastern portion of the site consists of a stormwater
control tract in the form of a triangle extending to the east from the northern half of the
site. The Applicant has designated the following tracts in the proposed preliminary plat:
A-1 (Access & Utility Tract for Lots 20-26); A-2 (Access & Utility Tract for Lots 53-58);
A-3 (Access & Utility Tract for Lots 131-135); COS-1 through 14 (Common Open
Space); OS-1 through 4 (Open Space with Critical Areas & Buffers); FD-1, 2 (Future
Development Tracts); M) D-1 (Mixed Use — Future Development Tract); EO-1 through
18 (Employment/Office - Future Development Tracts); RD-1, 2, 3 (Stormwater Control
Facility Tracts); U-1 (Utility Tract). Exhibit LG, Sheet 3; Exhibit I.H.
Access, Roads, Traffic, and Parking
15. A proposed Road I with a 50-foot wide right-of-way off Feigley Road SW would provide
access to the residential subdivision and continue east to a "T" intersection with proposed
Road 6. Road 6 with a 75-foot wide right-of-way would provide access from the south to
the commercial tracts from SW Old Clifton Road. The road would be constructed as a
sub -collector with two lanes, shoulders and ditches on both sides, and a walkway on the
east side. It would continue northeast and then north to the northern property boundary to
serve properties located north of the plat. The Applicant would provide interior plat
access to proposed Lots 1 —147 along proposed Roads 2, 3 and 4, including curb, gutter
and sidewalk (one side), with parking proposed on one side only. Road 5 would provide
additional access to the commercial lots, extending northeast from Road i and running
generally parallel to Road 6. Road 5 would be constructed with a 50-foot wide right-of-
way, including curb, gutter and sidewalk on both sides. The Applicant would construct
half street improvements, including paving, curbs, gutters and sidewalks along SW Old
Clifton Road. Exhibit LF; Exhibit LG, Sheet 3-S; Exhibit LQ Sheet 3-N; Exhibit I.H;
Exhibit 20, Staff Report, page 17.
16. City ordinances require that all plat roads be constructed to Access Road standards
(Resolution 1971), unless modified by City Council approval of a development
agreement. As set out in the draft Development Agreement, all roadways within the
proposed plat would be constructed as urban public roads in accordance with the Kitsap
County Road Standards and draft Development Agreement Appendix D, D-1, and F, to
provide uniformity of appearance and a common maintenance standard with the
Findings, Conclusions, and Decision
City of Port Orchard Hearing Examiner
McConnick North Phase III, Preliminary Plat, No. SUBD1 V 10-01
Page 9 of 23
McCormick North development. Specified standards would apply to Roads 1-6. 10
Exhibit 20, Staff Report, pages 10 and 11; Exhibit 25.
17. Transpo Group prepared a Transportation Impact Analysis (TIA) on behalf of the
Applicant. The TIA was prepared for the proposed master plan required by Kitsap
County Code (KCC) 17.428. The proposed project at that time was for the development
of approximately 680 multi -family residential units, a 585,000 square foot business park,
and six acres of retail space with all access provided by an extension of Campus Parkway
to the north of SW Old Clifton Road (Road 6). The analysis concludes that development
of the proposed plat would result in a total new trip generation of 14,740 and 1,421
Weekday PM peak hour trips. The TIA recommended various mitigation conditions
involving tragic signals and turn lanes on intersections with SW Old Clifton Road and
shoulder improvements to Sunnyslope Road. The current proposal would provide
additional access from Feigley Road, Exhibit LG, Sheet 3-S; Exhibit LM, Exhibit 12,
Environmental Checklist, page 11.
18. A separate Development Agreement between GEM I, LLC and Kitsap County was
approved on April 25, 2005, for transportation improvements required for the
development of the ULID 96 Sub -Area in Kitsap County. There is no public transit
serving the site. Exhibit LF; Exhibit LK, page 10; Exhibit I.M.
19. Goldsmith Land Development Services prepared a parking plan that identifies 162 garage
spaces,162 driveway spaces, and 62 street designated parking spaces for the residential
development. Mr. Bonsell testified that the proposed parking plan meets City code
requirements. Exhibit 1.0; Exhibit 20, Staff Report, page 9; Testimony of Mr. Bonseli.
Critical Areas
20. The western portion of the site slopes toward a ravine containing Un-named Creek
Tributary 0215. The ravine begins on -site in the north portion of the R20 Zone, turns
northeasterly off -site and returns on -site to the north boundary of the plat. The ravine
0 The draft Development Agreement provides:
(1) Roads l through 5 shall have 6 foot wide sidewalks in accordance with WSDOT Standard
Plans. Road 1 shall include a center turn lane between Roads 5 and 6.
(2) Roads 2-4 are intended to provide ingress/egress to the R20 zone (High density residential)
parcels. The roads shall include curb, gutter, 6 foot sidewalks on both sides, 7 foot parking
lane on one side, and 11 foot drive lanes, as depicted in Appendix E and Appendix F.
(3) Road 5 is intended to provided ingress/egress to the Eo Zone (employment — industrial and
office) parcels. The road shall include curb, gutter, 6 foot sidewalks both sides, 12 foot center
turn lane, and 11 foot drive lanes, as depicted in Appendix E.
(4) Road 6 is intended to provide ingress/egress to the Eo Zone (employment — industrial and
office) parcels. In addition to the median or 12 foot wide center turn lane, two l I foot wide
drive lanes, and 6 foot sidewalks on both sides, as depicted in Appendix E, Road 6 shall also
include covered stormwater conveyance with thickened edge, and a cul-de-sac installed to
City standards at the north terminus of the roadway.
Exhibit 25, Draft Development Agreement, Section 3.e.
Findings, Conclusions, and Decision
City of Port Orchard Nearing Examiner
McCormick North Phase 111, Preliminary Plat, No. SUBDIV 10-01
Page 10 of 23
contains slopes of approximately 30 percent or greater and has been set aside in an open
space tract that includes critical areas and associated buffers. The ravine encompasses
the western boundary of the Eo zone. Exhibit I.G, Sheet 2; Exhibit LQ, page 4-1;
Exhibit 20, Staff Report, page 3.
21. GeoEngineers Inc. prepared a Wetland and Stream Delineation Report (WSDR) for the
Applicant dated December 2, 2008. The WSDR was prepared under the Kitsap County
Critical Areas Ordinance. A 8,539 square foot Category III wetland, Wetland A, was
identified approximately 300 feet north of SW Clifton Road and 750 feet east of Feigley
Road SW. A buffer width of 80 feet is required under the Kitsap County Code.
Development for the proposed project would occur within 200 feet of the wetland.
Anderson Creek and Wetland P, with a 100 foot wide buffer, are located along the
eastern boundary of the site in Tract OS-4. These critical areas were previously
delineated, reviewed and approved as part of the McCormick North Phase I Preliminary
Plat and Master Plan. Exhibit 1.G, Sheet 2, note 11; Exhibit 1.G, Sheet 3; Exhibit LG,
Sheet 3-S; Exhibit LK, page 4; Exhibit I.L.
22. The WSDR identified two segments of a stream (Un-named Creek Tributary 0215) on
site. The stream originates in the southwestern portion of the site and is oriented
southwest to northeast. It discharges into Sinclair Inlet approximately one mile north of
the site. The southern segment of Stream 1 is classified a Type Ns system and is
approximately one to two feet wide and 705 feet in length. The southern segment
originates on -site within parcel 052301-4-017-2006 and flows north. A 50-foot wide
stream buffer perpendicular from the OHWM is required. The northern segment of
Stream 1 is classified a Type F system and is approximately two to four feet wide and
996 feet in length. This stream segment enters the site from the west and flows along the
bottom of a ravine, approximately 80 to 100 feet deep. A 150-foot wide buffer
perpendicular to the OHWM or 25 feet beyond the top of the ravine, whichever is greater,
is required. Development for the proposed project would occur within 200 feet of the
stream. The Applicant would install split rail fencing adjacent to wetland/stream buffers
and screening buffers on Tracts 9 —17 and Lots 1 - 58. Exhibit LK, page 4; Exhibit 11,
pages 7 and 8; Exhibit 20, Staff Report, page 13.
Drainage and Stormwater
23. Goldsmith Land Development Services prepared a preliminary Drainage Control Plan
and Level One Downstream Analysis for the Applicant dated October 2009. The analysis
identified three drainage basins on site. The northwest portion of the site, 4.1 acres,
drains within the Bailey Creek Basin (EW-1 Basin). The mid -section of the site, 69.8
acres, includes Un-named Creek Trib. 0215 in the UNC Basin. This basin includes
Wetland A, a Category III wetland, and a Type Ns Stream in the middle of the R-20 Zone
in two proposed open space tracts (OS-1 and OS-2). To the north, the area drains
westerly to Un-named Creek Trib. 0215, a Type F stream in a proposed open space tract
(OS-3) that drains north to Sinclair Inlet. The easterly 55-acre portion of the site is
Findings, Conclusions, and Decision
City of Port Orchard Hearing Examiner
McCormick North Phase 111, Preliminary Plat, No. SUBDIV 10-01
Page 11 of23
located in the Anderson Creek Basin. This area sheet flows east to Wetland P and
towards the West Fork of Anderson Creek, which drains north to Sinclair Inlet. Exhibit
LQ, pages 4-1 and 6-1 to 6-3.
24. The Goldsmith analysis includes a preliminary erosion and sedimentation control plan to
reduce and prevent adverse impacts from the transport of sediment to streams, wetlands,
and adjacent property. Implementation requirements utilizing Best Management
Practices (BMPs) including clearing limits; cover measures; perimeter protection; traffic
area stabilization; surface water control; and sediment retention are detailed in Section 8,
of Exhibit I.Q. Exhibit I.Q, Section 8.
25. Three stormwater facilities would be constructed as part of the proposed stormwater
control plan. one stormwater facility would be constructed within the Un-Named Creek
Basin in Tract RD-1 in the north central portion of the R20 zone. For assessment
purposes, the Goldsmith analysis assumes 85 percent impervious area in the 45.3 acre
drainage basin (including 4.1 acres diverted from the Bailey Creek Basin). A second
stormwater facility would be constructed within the Anderson Creek Basin in Tract RD-3
in the northeast corner of the site just east of Road 6. The plan and analysis assumes 85
percent impervious area in the 41.8 acre drainage basin (including 12.8 acres diverted
from the UNC basin). A third smaller stormwater facility, also in the Anderson Creek
Basin would be located in Tract RD-2 in the southeast corner of the site. All
detention/retention facilities would be buffered with vegetation so as not to be visible
from public right-of-ways. A homeowners association would be responsible for
maintenance of the storm drainage facilities following construction. Exhibit 1.G, Sheet 4-
Sand 4-N; Exhibit 1.Q, pages 1-2 and 7-2 to 7-3; Exhibit 20, Staff Report, pages 13 and
16; Exhibit 24, page 3.
Tree Retention
26. The site was previously logged and is now re -forested with a mix of deciduous trees,
evergreen trees and scrub -shrub plant communities. City code defines a significant tree
as an existing tree that (1) is healthy with a diameter at breast height (DBI1) of 18 inches
or more with adequate live crown for tree vigor and aesthetics; (2) any tree identified as
providing wildlife habitat for threatened or endangered species; or (3) any tree of
historical or cultural significance as defined within the City Comprehensive Plan, POMC
16.08.712. City code provides that significant trees shall be retained in all zones within
any required buffer area or required landscape planting area to the extent practical and
feasible. POMC 16.50.180. The City code provides incentives to retain significant trees.
When the required number of significant trees cannot be retained, the code calls for
replacement. POMC 16.50.190,-.200,-.210,-.220. Kitsap County, in contrast, requires
that a certain percentage of a site be retained as open space in which existing vegetation
is protected. The draft Development Agreement provides that in order to accommodate
the project as designed to Kitsap County standards prior to annexation, development on
lots within McCormick North Phase III shall be exempt from the provisions of the Port
Findings, Conclusions, and Decision
City of Port Orchard Hearing Examiner
McCormick North Phase 111, Preliminary Plat, No. SUBDIV 10-01
Page 12 of23
Orchard significant tree retention regulations (PMC 16.50.180 through 16.50.220, as now
or hereafter amended) for a period of fifteen years from the date of final plat approval.
Exhibit 25, Draft Development Agreement, Section 3.b.
Open Space
27. Two different types of open space are proposed. Open Space Tracts (OS-1 through 4)
include critical areas and associated buffers. Common Open Space Tracts (COS-1
through 14) are areas provided as "green spaces" within or adjacent to developable areas
and provide visual separators between lots, rights -of -way and land uses. The draft
Development Agreement proposes the conveyance of land east of Road 6 to the City for
inclusion into the regional McCormick Village Park. Exhibit LF; Exhibit LG, Sheet 3;
Exhibit 20, Staff Report, page 12; Exhibit 23, "Exhibit 1; " Exhibit 25, page 7.
Water and Sewage
28. The City of Bremerton Public Works & Utilities issued a conditional water availability
letter for the McCormick Woods North Phase 3 on August 20, 2009. Development of the
proposed project and connection to the utility system must be completed in accordance
with the City of Bremerton Department of Utilities Development and Construction
Standards, APWA/DOT Specifications, AWWA Standards, and Title 15 of the
Bremerton Municipal Code. The City of Port Orchard, Public Works Department issued
a letter of sewer capacity available to serve 255-459 dwelling units proposed for the
preliminary plat on May 8, 2009. Exhibit LF,• Exhibit LJ; Exhibit I.N.
Fire Prevention
29, The South Kitsap Fire & Rescue Prevention Office reviewed project plans dated received
March 16, 2010. Greg Rogers, Fire Prevention Manager sent a memo to the City dated
March 18, 2010, providing proposed conditions including minimum fire flow of 1,000
gallons per minute; access road grade limitations and width requirements; minimum
access road turning radius. Exhibit 4; Exhibit 20, Staff Report, pages 14 and 15.
Schools
30, Tom O'Brien, Director, Facilities and Operations for the South Kitsap School District
#402, provided comments to the City via email on the Notice of Application and SEPA
Threshold Determination. The District stated that it intends to build a second high school
and new elementary school on district property located on the west side of Feigley Road
SW, across from the proposed subdivision. Until that time, students in the preliminary
plat would be transported by school bus to Sunnyslope Elementary School, Cedar
Heights Junior High School and South Kitsap High School. The District requested
pedestrian circulation within the proposed plat, a provision for a school bus stop, and a
future crosswalk at the intersection of Feigley Road and Road 1. Mr. Bonsell testified
that these concerns have been addressed as part of the MDNS SEPA conditions. The
Applicant would pay school impact fees prior to the issuance of building permits for
Findings, Conclusions, and Decision
City of Port Orchard Hearing Examiner
McCormick North Phase Ill, Preliminary Plat, No. SUBDIV 10-01
Page 13 of23
residential dwelling units. Exhibit 9; Exhibit 13; Exhibit 20, Staff Report, page 14;
Testimony of Mr. Bonsell.
Staff Recommendation and Conditions
31. City staff reviewed the preliminary plat application and found the proposal consistent
with the City's Comprehensive Plan, the City Code, including POMC 16.13.111, - .141, -
.161, -.171; POMC 16.108; POMC 16.40.010, -.025; POMC 16.45.010; POMC
16.50.190; POMC 16.55.020,-.030(1); and Title 14 POMC, and all other applicable City
and State regulations except where modified by the Development Agreement, and
recommended approval with condition." Exhibit 20, Staff Report, pages 3, 4, 11 and
17; Exhibit 25; Testimony of Mr. Weaver.
CONCLUSIONS
Jurisdiction
The City of Port Orchard Hearing Examiner has authority to conduct an open record hearing on a
preliminary plat application, and to grant, modify and grant, or deny the application based on
evidence in the record. Port Orchard Municipal Cade (POMC) 2.76.080; POMC 2.76.110;
POMC 16.01.02](3).
Criteria for Review
The Hearing Examiner reviews the preliminary plat for consistency with City Code, Chapter
58.17 RCW and the draft Development Agreement (Exhibits 22, 23 and 25).
The Port Orchard Municipal Code (POMC) provides that whenever any subdivision of land is
proposed, the subdividing owner or his or her authorized agent shall apply for and secure
approval of the proposed subdivision in accord with the standards and procedures set forth in
POMC Chapter 16.72. POMC 16.72.060. Chapter 16.72 POMC contains specific requirements
for preliminary plat application submittal; payment of an application filing fee; preparation of a
report by City staff to accompany the application; consideration of the application at an open
record public hearing conducted by the Hearing Examiner; and preparation of written findings,
legal conclusions, and a decision on the application by the Hearing Examiner after the close of
the public hearing. POMC 16.72.140, .160, .180, .190, .200.
In addition, RCW 58.17.110(1) provides that a proposed subdivision shall not be approved
unless appropriate provisions are made for the public health, safety, and general welfare and for
such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable
At the hearing, the City and the Applicant agreed to changes to preliminary plat conditions Nos. 2, 8, 11, 12, 19,
23, 25, 34, 36, 41, 44, and 52. Mr. Skrobut testified that the Applicant agreed with these changes except for
condition No. 19. Exhibit 21; Exhibit 14; Testimony of Mr. Skrobia The Applicant proposed amending Condition
No. 19 to state that all conditions must be consistent with City final plat requirements. The City did not agree to this
proposed change, as a conflict could be created between what the condition states and what the code says.
Testimony of Mr Skrobut; Testimony of Mr. Bonsell. Agreed -upon changes are made in the conditions of approval.
Condition 19 is left as it was originally drafted.
Findings, Conclusions, and Decision
City of Part Orchard Nearing Examiner
McCormick North Phase 111, Preliminary Plat, No. SUBDIV 10-01
Page 14 of 23
water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds
and all other relevant facts, including sidewalks and other planning features that assure safe
walking conditions for students who only walk to and from school; and the public interest will be
served by the platting of such subdivision and dedication.
Revised Code of Washington (RCW) 36.70B.170(1) provides:
A local government may enter into a development agreement with a person
having ownership or control of real property within its jurisdiction. A city may
enter into a development agreement for real property outside its boundaries as part
of a proposed annexation or a service agreement. A development agreement must
set forth the development standards12 and other provisions that shall apply to and
govem and vest the development, use, and mitigation of the development of the
real property for the duration specified in the agreement. A development
agreement shall be consistent with applicable development regulations adopted by
a local government planning under chapter 36.70A RCW.
RCW 36.70B.170(1).
Conclusions
With conditions, the proposed plat complies with Port Orchard Municipal Code
Chapter 16.72. The preliminary plat application was submitted on March 11, 2010. The
proposed 129 acre plat would feature 159 single-family lots and two future development
tracts for a combined total density range of 255459 units. These would be developed on
a gross developable area of approximately 39 acres (approximately 26 acres of net
developable area) for a development density below the maximum 20 dwelling units per
acre. The plat would also include 18 lots for commercial development and a lot for
RCW 36.70B.170(3) provides: For the purposes of this section, "development standards" includes, but is not
limited to:
(a) Project elements such as permitted uses, residential densities, and nonresidential densities and
intensities or building sizes;
(b) The amount and payment of impact fees imposed or agreed to in accordance with any applicable
provisions of state law, any reimbursement provisions, other financial contributions by the
property owner, inspection fees, or dedications;
(c) Mitigation measures, development conditions, and other requirements under chapter 43.21C
RCW;
(d) Design standards such as maximum heights, setbacks, drainage and water quality requirements,
landscaping and other development features;
(e) Affordable housing;
(f) Parks and open space preservation;
(g) Phasing;
(h) Review procedures and standards for implementing decisions;
(i) A build -out or vesting period for applicable standards; and
0) Any other appropriate development requirement or procedure.
Findings, Conclusions, and Decision
City of Port Orchard Hearing Examiner
McCormick North Phase 111, Preliminary Plat, No. SUBDIV 10-01
Page 15 of 23
mixed use future development. The site contains critical areas including wetlands and
streams with buffers that would be protected in open space tracts. The City reviewed the
proposal for environmental impacts, and determined that with SEPA conditions, the
proposed plat would not result in probable significant adverse environmental impacts.
The City staff prepared a Staff Report and reviewed the proposed plat and draft
Development Agreement and recommended approval with conditions. Findings 1-31.
2. With conditions, the proposed plat would comply with the approval criteria
provided in RCW 58.17.110. The proposed plat would provide residential housing and
future commercial and mixed use development. The preliminary plat includes open
space and critical areas tracts that would protect wetlands, streams and buffers. Tree
retention would he governed by the Development Agreement. The Applicant would
provide water quality treatment as required by the most current City of Port Orchard
Stormwater Manual. Three stormwater detention/retention facilities would be constructed
to control stormwater runoff. The Applicant would construct half -street improvements to
SW Old Clifton Road and construct all internal roads serving the plat or providing access
to the plat to the City's road development standards as modified by a Development
Agreement approved by the City Council. Adequate parking would be provided through
both off-street and on -street parking. The internal roads would provide sidewalks for
pedestrian use. School buses would transport students to neighboring schools. Critical
areas including streams, wetlands and buffers would be protected in open space tracts.
The City of Bremerton Public Works & Utilities would provide water and the City has
sewer capacity for the proposed project. The Applicant would convey to the City an area
east of proposed Road 6 for inclusion into the regional McCormick Village Park. The
Applicant would pay school mitigation fees. Conditions are necessary including those to
ensure that critical areas and buffers are protected; that stormwater quantity control,
quality treatment, and erosion and sedimentation control is designed in accordance with
the most current City of Port Orchard Stormwater Manual (as modified by a
Development Agreement approved by the City Council). Findings 4-31.
3. With conditions, the proposed plat would comply with the draft Development
Agreement which specifies the standards that apply to the development. The draft
Development Agreement includes some changes from City Code that would otherwise
govern the preliminary plat. These changes include minimum residential lot size; tree
retention; stormwater control standards; building heights; road cross sections; critical
areas; zoning and uses; and dedication of additional open space. Conditions are
necessary including those to ensure that critical areas and buffers are protected; that
stormwater quantity control, quality treatment, and erosion and sedimentation control is
designed in accordance with the most current City of Port Orchard Stormwater Manual
(as modified by a Development Agreement approved by the City Council). If the draft
Development Agreement is approved by the City Council, the Development Agreement
standards would modify existing City Code land use and zoning requirements. If the
Findings, Conclusions, and Decision
City of Port Orchard Hearing Examiner
McCormick North Phase III, Preliminary Plat, No, SUBDIV 10-01
Page 16 of 23
Development Agreement is not approved by the City Council, this preliminary plat would
not be approved. Findings 11, 12, 13 and 31.
DECISION
Based on the above findings and conclusions, the request for a preliminary plat to subdivide 129
acres into 159 single-family units with two future development lots; a mixed use future
development tract; 18 future commercial development lots; open space, common open space,
utility, and stormwater tracts on a site bounded by Feigley Road SW on the west and SW Old
Clifton Road to the south with unincorporated Kitsap County to the north and the McCormick
North Phase I Preliminary Plat to the east within Port Orchard, Washington is APPROVED,
contingent upon City Council approval of the draft Development Agreement,13 with the
following conditions:14
SEPA Mitigations from MDNS:
1. Prior to issuance of any City of Port Orchard construction permit(s), a construction
stormwater general permit must be obtained from the Department of Ecology for any
land disturbance one acre (43,560 square feet) or more through clearing, grading,
excavating, or stockpiling of fill material either in a single or multiphase project.
Department of Ecology permit information may be obtained at:
http://www.ecy,wa.gov/programs/wa/stormwater/construction/
2. All development must conform to the current Stormwater Manual for Water
Quality/Quantity Mitigation approved at vested preliminary plat application, or as
modified by the Development Agreement dated October 6, 2010.
3. Owner shall submit a Declaration of Covenant Associated with Maintenance & Operation
of Storm Drainage Facilities prior to issuance of any construction permits.
4. Owner shall submit a Declaration of Covenant Associated with Performance of Erosion
and Sediment Control Facilities prior to issuance of any construction permits.
5. All lots shall access from interior roads only.
6. No owner may obstruct or re -channel the drainage flows after location and installation of
drainage swales, storm water or storm drains. It is expressly understood that any
" This contingent and conditional approval of the preliminary plat application will become a final decision on the
date of approval of the draft Development Agreement by the City Council. If the draft Development Agreement is
not approved by the City Council, the contingent approval of the preliminary plat is void.
1° Conditions include both legal requirements applicable to all developments and conditions to mitigate the specific
impacts of this development.
Findings, Conclusions, and Decision
City of Port Orchard Hearing Examiner
McCormick North Phase III, Preliminary Plat, No. SUBDIV 10-01
Page 17 of 23
alteration of the water flows shall be completed only after approval by the City of Port
Orchard Public Works Department.
Applicant shall comply with all conditions of the associated Development Agreement.
8. All detention/retention facilities shall be buffered adjacent to public right of ways with
vegetation so not to be visible from public right of ways. Buffering plans shall be shown
on the landscape plan submitted with the SDAP and shall conform to POMC 16.50.296,
Roadway Corridors -Parkways (filtered screening).
All roads internally serving the plat or providing external access to and from the City's
public roadways shall be constructed in accordance with the City's adopted road
development standards, Resolution 1971; and shall at a minimum be constructed to the
standard of an Access Road, unless modified by approval by the City Council of a
development agreement. Prior to final plat approval, the Applicant shall submit road
names for the interior roads to the City for review and approval.
10. Prior to issuance of the required SDAP or clearing and grading permits, the Applicant is
required to contact the Department of Natural Resources (DNR) to determine if a Forest
Practice Application (FPA) permit is required. If an FPA is required, no clearing or
grading is permitted until the DNR has issued the FPA.
11. Prior to commencement of clearing and grubbing activities within Tracts 9-15 and Lots
1-21, the Applicant shall place orange construction fencing and/or silt fencing adjacent to
the wetland/stream buffer, native vegetative screening buffers or at the edge of soil
disturbance on Tracts 9-17 and on Lots 1-58.
12, The Applicant shall install split rail fencing or 6' high wood fencing adjacent to
wetiand/stream buffers and common open space tracts on Tracts 9-17 and Lots 1-58. On
Tracts 11-15 and Lots 1-21, wetland/critical area informational signs shall be placed at
intervals of not less than 100 feet.
13, Subsequent phase final plats will be evaluated for project specific SEPA threshold
determinations and may require new SEPA threshold determinations prior to SDAP
approvals.
14. On street parking on the east side of Road 6 shall be included, depicted, and provided as
an engineered alternative for the associated Development Agreement.
15. Continuous and clearly marked pedestrian access shall be provided within the project and
through the site, connecting with adjacent parcels, public rights -of -way, and existing
pedestrian networks.
Findings, Conclusions, and Decision
City of port Orchard Hearing Examiner
McCormick North Phase 111, Preliminary Plat, No. 5UBDIV 10-01
Page 18 of 23
16. Parcels within the project and Future Development Tracts FD-1, FD-2, RD-1, and MXD-
1 shall require land use approval for further subdivision pursuant to Port Orchard
Municipal Code Title 16.
17, Final construction drawings shall show Road No. 1 connecting to the pavement of
Feigley Road. In addition, where Road No. 1 crosses the pedestrian path on the east side
of Feigley Road, the path shall be well marked with raised paving or texturing material
and cautionary signs visible to pedestrians and bicyclers utilizing the pathway.
18. That Applicant shall work in conjunction with the South Kitsap Schools to ensure
adequate provisions are made student waiting areas for school bus pick-up, particularly at
the Road 1/Feigley Road intersection.
Zoning
19. All conditions identified by City Departments and other agencies and conditions as
modified by approval of a City Council development agreement, must be met prior to
final plat approval.
20. Prior to issuance of building permits for residential dwelling units, school impact fees
shall be paid in conformance with the requirements of POMC 16.70.160.
21. The Applicant, with SDAP submittal documents, shall submit landscape plans in
conformance with POMC Chapter 16.50.
22. All future single-family residence constructed within this subdivision shall meet the
dimensional bulk zoning requirements in effect at the time of building permit submittal,
unless modified by approval by the City Council of a Development Agreement.
23. All roads internally serving the plat or providing external access to and from the City's
public roadways shall be constructed in accordance with the City's adopted road
development standards, Resolution 1971; and shall at a minimum be constructed to the
standard of an Access Road. This condition may be modified by approval by the City
Council of the Development Agreement. Prior to final plat approval, the Applicant shall
submit road names for the interior roads to the City for review and approval. It shall
remain the sole responsibility expense of the Applicant to acquire the necessary
easements and/or legal authority to use off -site private roadways and to construct all
necessary improvements to bring them into compliance with the City's road standards,
except as modified by approval by the City Council of the Development Agreement.
24. Vehicular access to residential lots shall have only one access point and shall access from
interior streets only.
25. [Deleted]
Findings, Conclusions, and Decision
City of Port Orchard Hearing Examiner
McCormick North Phase 111, Preliminary Plat, No, SUBDIV 10-01
Page 19 of 23
Fire Prevention
26. A minimum fire flow of 1,000 gallons per minute, measured at a residual pressure of 20
p.s.i., is required for one- and two-family dwellings not exceeding 3,600 gross square
feet. All other buildings (including larger one- and two-family dwellings) require a
minimum fire flow of 1,500 gallons per minute and may require more depending on
building size and type of construction as per the International Fire Code. No fire
hydrants or location were indicated on the plans, fire hydrant locations shall be approved
by the Fire District's Fire Prevention Office before any permits are approved for this site.
27. Hydraulic calculations or an on -Site fire flow test conducted shall be provided to the Fire
District showing that adequate fire flow can be severed. This information will need to be
provided and approved by the Fire District before the District can approve any building
permits.
28. Fire department access must consist of the following:
a. The access road shall not exceed a 12% grade.
b. The unobstructed width of a fire apparatus access road shall be not less than 20
feet.
c. All dead-end fire apparatus access roads in excess of 150 feet in length shall be
provided with approved provisions or the turning around of fire apparatus.
d. The turning radius of a fire apparatus access road shall be a minimum of 35 feet
inside diameter and 48 feet outside diameter.
29. Fire apparatus access roads shall also meet the requirements of the City of Port Orchard
Fire Code Appendix D.
30. Should a Private Road serve more than two dwellings per the City of Port Orchard Fire
Code, the new dwelling units will be required to be provided with a fire sprinkler system
in all houses built. This requirement needs to be indicated and recorded on the Plat and
plans.
31, Before construction may begin on any lot, fire department vehicle access must be
provided in addition to the fire hydrants meeting the required fire flow. Access roads
shall be provided for all structures more than 150 feet from a public access road. Access
roads shall be a minimum of 20 feet in unobstructed width, be designed and maintained
to support the imposed loads of fire apparatus (45,000 pounds) and must have a surface
that provides all-weather driving capabilities.
Public Works Conditions
General
32. Construction plans and profiles for all roads, storm drainage facilities and appurtenances
prepared by the developer's engineer shall be submitted to City of Port Orchard for
Findings, Conclusions, and Decision
City of Port Orchard Hearing Examiner
McCormick North Phase III, Preliminary Plat, No. SUBDIV 10-01
Page 20 of 23
review and acceptance. No construction shall be started prior to plan acceptance.
33. Approval of the preliminary plat shall not be construed to mean approval of the total
number of lots or configuration of the lots and tracts. These parameters may be required
to be revised for the final design to meet all requirements of City of Port Orchard
Municipal Code.
34. Prior to approval of the construction plans, if needed all off -site easements must be
recorded and submitted to the City.
Stormwater
35. The information provided demonstrates this proposal is a Major Development as defined
in the City of Port Orchard Developer's Handbook at completion of application, and as
such will require a Stormwater Permit from Public Works.
36. Stormwater quantity control, quality treatment, and erosion and sedimentation control
shall be designed in accordance with the most current City of Port Orchard Stormwater
Manual. The submittal documents shall be prepared by a civil engineer licensed in the
State of Washington. The fees and submittal requirements shall be in accordance with
City of Port Orchard Ordinances in effect at the time of application or as modified by the
Development Agreement dated October 6, 2010.
37. The Washington State Department of Fish and Wildlife (WDFW) may require a
Hydraulic Project Approval. The proponent is responsible to comply with all
requirements set forth by WDFW.
38. The project proponent shall be responsible for installing any necessary off -site
downstream drainage improvements as identified within the downstream capacity
analysis. Procurement of any permits and/or easements necessary to install said off -site
improvements shall be the responsibility of the project proponent. As indicated above,
prior to approval of the construction plat, all easements must be recorded and submitted
to the City.
39. The site plan indicates that greater than 1 acre will be disturbed during construction. This
threshold requires a National Pollutant Discharge Elimination System (NPDES)
Stormwater Construction permit from the State Department of Ecology. More
information about this permit can be found at:
http://www.ecy.wa.gov/programs/wq/stormwater/construction/ or by calling Josh Klimek
at 360-407-7451, email jok1461 @ecy.wa.gov. This permit is required prior to issuance of
the Stormwater Permit.
40. Per WAC 173-175, the construction of pond berms that will impound a volume of ten
acre-feet or more of water requires review and approval by the Department of Ecology.
Findings, Conclusions, and Decision
City oJPort Orchard Nearing Examiner
McCormick North Phase 111, Preliminary Plat, No. SUBDIV 10-01
Page21 of23
This approval must be completed prior to issuance of the Stormwater Permit.
41. The owner or homeowners association (HOA) shall be responsible for maintenance of the
storm drainage facilities constructed in tract RD-1 for this development following
construction. Before issuance of Occupancy Permits for this development, the person or
persons holding title to the subject property for which the storm drainage facilities was
required shall record a Declaration of Covenant Associated with Maintenance and
Operation of Storm Drainage Facilities that guarantees the City that the system will be
properly maintained. Wording must be included in the covenant that will allow the City
to inspect the system and perform the necessary maintenance in the event the system is
not performing properly. This would be done only after notifying the owner or HOA and
giving him/them a reasonable time to do the necessary work. Should City forces be
required to do the work, the owner or HOA will be billed at the current City rates. This
Public Works is required unless modified by the concurrently processed Development
Agreement.
42. City of Port Orchard will not be responsible for any damage to any private roads, tracts,
and/or easement areas that may occur during routine maintenance activities and that in
City of Port Orchard's judgment occur, in whole or in part, because of any construction
materials or techniques, or any maintenance materials or techniques. This includes, but is
not limited to, damage to pavement or vegetated areas caused by maintenance trucks.
Traffic and Roads
43. Roads shall not exceed 12% grade.
44. Horizontal curves for public roads shall have minimum 181 foot centerline radii as
outlined by the American Association of State Highway and Transportation Officials or
as specified in the Kitsap County Road Standards (2007) and per designs enforced by the
Development Agreement for McCormick North Ph. III. (Exhibits 22, 23 and 25, modified
by Exhibit 1 G, Sheet 4). Development Agreement for road standards shall prevail as
standard, subject to approval by the City Engineer.
45. Construction of handicap access facilities within existing or proposed City right-of-way
shall conform to the requirements of the Americans with Disabilities Act.
46. All lots shall access from interior roads only. This note shall appear on the face of the
final plat map.
47. Wheelchair ramps shall be provided on both sides of the site approach. Include on the
plan set curb ramp details that meet the requirements of the Americans with Disabilities
Act per WSDOT Standard Plan F-40, as applicable, cement concrete sidewalk and
approach details.
Findings, Conclusions, and Decision
City of Port Orchard Hearing Examiner
McCormick North Phase 111, Preliminary Plat, No. SUBDIV 10-01
Page 22 of 23
48. Any required sidewalk shall be constructed prior to roadway paving. This note shall
appear on the face of the final construction drawings.
49. The developer's engineer shall certify that there is adequate entering sight distance at the
intersection of Old Clifton and Road 6, as well as Feigley and Road 1. Such certification
shall note the minimum required sight distance, the actual sight distance provided, and a
sight distance diagram showing the intersection geometry drawn to scale, topographic
and landscaping features, and the sight triangle. The sight distance shall meet the
requirements of the City of Port Orchard Road Standards. The certification shall also
note necessary measures to correct and maintain the minimum sight triangle.
50. All work, equipment & materials for traffic signal and street lighting installations shall
meet and be in compliance with all requirements of the City of Port Orchard Road
Standards, Project Contract Provisions of Plans and Specifications accepted for
construction by City of Port Orchard, MUTCD Manual on Uniform Traffic Control
Devices, NEMA National Electrical Manufacturer's Association, NEC National
Electrical Code, WSDOT Standard Specifications & Standard Plans, and the
Occupational Safety & Health Administration (OSHA).
51. Any work within the City right-of-way shall require a permit to perform work on City
right-of-way and possibly a maintenance or performance bond. This application to
perform work in the right-of-way shall be submitted separately. The need for and scope
of bonding will be determined at that time.
52. In lieu of half street improvements along (Old Clifton), including, but not limited to
paving, curbs, gutters, and sidewalks, the Applicant shall dedicate 25 feet of right-of-way
adjacent to Old Clifton road and shall create a clear and connected east west non
motorized bicycle and pedestrian path internal to the preliminary plat adjacent to Road 1,
as detailed in Exhibit 23, Appendix D.
53. Per Port Orchard Municipal Code Section 16.55.030, dead end streets shall end in cul-de-
sacs.
Sewer
54. All sanitary sewer system improvements shall comply with City of Port Orchard
Standards.
Decided this 0 day of October 2010.
THEODORE PAUL HUNTER
Hearing Examiner
Sound Law Center
Findings, Conclusions, and Decision
City of Port Orchard Hearing Examiner
McCormick North Phase III, Preliminary Plat, No. SUBDIV 10-01
Page 23 of 23
Agenda Item No.
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(36o) 876-4407 0 FAX (36o) 895-9029
Public Hearine 6B
Agenda Staff Report
Meeting Date: November 9, 2oi0
Subject: Regarding Street Vacation of a Prepared by: Patti Kirkpatrick, MMC
Portion of the Allev Located in the Citv Clerk
Plat of Pottery Hill Addition to Atty Routing No: 1o8-10
Sidney Atty Review Date: October 26, 2010
Summary: Mr. and Mrs. Jason Hill and Ms. Mary Joan Buonanno have submitted a Street
Vacation application to vacate a portion of City right-of-way located in the Plat of Pottery Hill
Addition to Sidney. A certified check in the amount of $3,450, for the full appraised value was
received.
The application was forwarded to the Public Property Committee for review. The Committee
recommended that a Public Hearing be set for this matter. The attached color map shows the
proposed area to be vacated, which does not impede access to the adjacent property.
Recommendation: Staff recommends the Council hold a Public Hearing on this Street Vacation
request.
Fiscal Impact: Staff has received the $ioo Street Vacation processing fee as well as, the full
appraised value in the amount of $3,450•
Attachments: Street vacation application
Map of proposed right-of-way vacation
City of Port Orchard p E CE V/ D
216 Prospect Street, Port Orchard, WA 9836
(360) 896-4407 0 FAX (36o) 895-9029 AUG 2 3 2010
CITY OF PORT ORCHARD
STREET VACATION PETITION CITY CLERKS OFFICE
TO THE CITY COUNCIL OF THE CITY OF PORT ORCHARD:
The undersigned, owners of two-thirds of the real property abutting upon that public street
described below, do hereby petition the City of Port Orchard to vacate said street/alley, described
as follows:
Legal description:
(Legal description of portion of right-of-way, which is subject of petition)
all situated in the City of Port Orchard, County of Kitsap, State of Washington, and request that
said City Council by Resolution fix a time and place when this Petition shall be heard and
determined by that authority, which time shall not be more than sixty (60) days nor less than
twenty (20) days after passage of such Resolution.
2. The undersigned proposes the following:
a. Proposed use of the vacated Right -of --Way: �er ScTnna� ,S 6 oQce1_1�
b. The proposed vacation is located in zoning district.
c. The property is approximately 20 feet wide by approximately y 6 feet
long, containing approximately G9 O total square feet.
d. Provide a map with Right -of -Way proposed to be vacated outlined or highlighted.
e. The undersigned hereby agree to pay the full appraised value of the vacated right-of-way
to the City of Port Orchard, and comply with all conditions required by the City, upon
approval of the petition. The petitioner hereby requests that:
Gld Obtain an appraisal of right-of-way proposed to be vacated. In lieu of an
appraisal value of the land may be based on the following square foot
valuations: residential $5; Commercial $10; and Industrial $10.
ALL Certified check is an amount equal to the full appraised or estimated value
of land. (Certified check to be held until vacation is approved or denied by
Council)
3. Verification by the City of Port Orchard of the undersigned who are the legal property owners
represent' onAhed,,,i 00) percent of theabutting property.
atriciack, C, City Clerk
4. The undersigned has paid to the City Clerk the $100 application fee. It is understood that this
fee is not refundable, that it is for the purpose of partially defraying the normal administrative,
engineering and legal expenses in processing the petition for vacation, and that it does not
constitute a payment for the street vacation requested in the petition.
Receipt No:
These pages arc a group of pages containing an identical text and prayer intended by the signers
of this Petition to be presented and considered as one Petition and may be filed with other pages
containing additional signatures, which cumulatively may be considered as a single Petition.
WARNING: Every person who signs this Petition with any other than his true name, or who
knowingly signs more than one of these Petitions, or signs a Petition when he is otherwise not
qualified to sign, or who make any false statement shall be guilty of a misdemeanor.
PRAYER OF PETITION: For the vacation of a portion of that strect/alley commonly known
as City right-of-way and called �n Her C \� t \\ etc�e(i ion 10 5
Signatures of petitioners (Note: all persons who have an ownership interest must sign the
petition. This includes co-owner(s) and/or spouse.
Gr\0ic\ orcd 9$5"-
trti
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atbov\ S. ",%\\
(W amc nmea or Ty ed
(Si �htrc)
t-Ibti� -002 006-01U7
amc Ms' Phe ax arcc nm r
(Signatmc)
Update: May aom
CITY OF PORT ORCHARD
STREET VACATION PETITION
These pages are a group of pages containing an identical text and prayer intended by the
signers of this Petition to be presented and considered as one Petition and may be filed with
other pages containing additional signatures, which cumulatively may be considered as a single
Petition.
WARNING: Every person who signs this Petition with any other than his true name, or who
knowingly signs more than one of these Petitions, or signs a Petition when he is otherwise not
qualified to sign, or who make any false statement shall be guilty of a misdemeanor.
PRAYER OF PEf1T10N: FoLthe vacation of a portion pf that sheet/alley commonly known as City
right-of-way and caledla\a� ,C l��csu A4 .. ke `ickvev�-
Signatures of petitioners (Note: all persons who have on ownership interest must sion the petition.
This includes co-owner(s) and/or spouse.
Name Address Phone 3(nn-$74-696? Tax Parcel Number
VIMToa.-g"Viafto INZOT"nma{a,ren(k
{}cam} �k ; y0116-00 (-00(l al
(Nameftnted or Typed) fov+tT c-�"1 jWA 4g36(,jail
+rur�,zx tf-J g�a��a on q
Ta
7
mne Prim or Typed)
(Signat e)
(Name Print or Typed)
{Signature)
State of Washington
County of i
I certify that I know or have satisfactory evidence that I ' 1 cl.Y'tt'To Qk td aylo� xwo
is the person who appeared before me, and said person ackno e— d� Ihe/she signed
this instrument and acknowledged it to be his/her free and voluntary act for the uses and
purposes mentioned in the instrument.
This Acknowledgement is attached to a _ �� ftf# kCC Ion ` e-+t 1 orb
Consisting of 2 pages. (Name of Document)
Dated: '6'a 1 1 09
(Seal/Stamp of Notary)
rotary Publi tale of Washington
OF"'w'A$�\,,•�:` Notary's Printed
'���l llll llllN
My Appointment Expires: 1 S
This Acknowledgement is attached to a 5A--pe- e - - Vk cr
Name of Document
Dated g O-5- bq Consisting of pages.
Notary Comments:
VACATION of ROAD
Plat of Pottery Hill Addition to Sidney
ABBREVIATED DESCRIPTION:
A portion of the Northwest Quarter of the Northeast Quarter of Section 35, Township 24 North,
Range
1 East, Willamette Meridian in The city of Port Orchard, Kitsap County, Washington.
LEGAL DESCRIPTION — Vacated portion of Alley
A portion of the Plat of Pottery Addition to Sidney per the Plat recorded in Volume 1 of Plats at
Page 68, Records of Kitsap County, Washington more thoroughly described as follows:
BEGINNING at the Northwest comer of Lot 6, Block 2 of said Plat;
Thence West,10.0 feet to the Center line of alley between Blocks One and Two of said Plat;
Thence South along centerline of said Alley a distance of 23 feet, more or less, to the center of
unpaved portion of said Plat;
Thence West, at right angles to Block 1, of said Plat, a distance of 10.00 feet, to a point on the
Easterly Margin of Lot 7 of Block 1 of said Plat;
Thence South along East Margin of lot 7 of Block 1 a distance of 23 feet, more or less, to the
northerly edge of paved surfaced drivewaylaccess road;
Thence East, at right angles to Block 2, of said Plat, a distance of 20.00 feet, to a point on the
Westerly Margin of Lot 7 of Block 2 of said Plat;
Thence North 46 Feet along the West Margins of lots 7 and 6 of Block 2 of said Plat to the Point
of Beginning;
Containing approximately 690 Square Feet
[:_Xt11F--)1T rA' MAr
Flat of rIotl.en) Arld'n to �ic{nr.q
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City of Port Orchard
Council Meeting Minutes
Work Study Session of October 19, 2010
1. 7:00 p.m. Call to Order
Mayor Coppola called the meeting to order at 7:00 p.m. Mayor Pro -Tern Rob Putaansuu
and Councilmembers Fred Chang, Carolyn Powers, Jerry Childs, Jim Colebank, and Fred
Olin was present. City Treasurer Allan Martin, Public Works Director Mark Dorsey,
Development Director James Weaver, City Clerk Patti Kirkpatrick, Deputy Clerk Brandy
Rinearson, and City Attorney Greg Jacoby were also present.
Absent: Councilmember Clauson
2. Update: Kitsap Economic Development Alliance (KEDA)
Bill Stewart of KEDA provided a brief update of the following:
• Participation in the organization has never been higher, despite a smaller budget;
• Starting to see movement in the business recruitment as the market place and
environment improves making it easier to compete;
• Have the ability to accommodate smaller operations within the Port Orchard area;
• Helping to find new customers to keep current businesses;
• There were 15 Port Orchard businesses reported that selling to the Navy who attended
training/procurement assistance;
• 29 Port Orchard businesses provided research, information, or referrals;
• There were 7 business training events hosted;
• Will continue the legislative push for community empowerment zone designation;
• Will offer businesses in Port Orchard training on "Selling -to -Government";
• Will provide the community economic and business profiles for external marketing;
• Will expanded business opportunities research for Port Orchard employers; and
• Going into 2011, KEDA will be facing a budget cut from the federal government,
which supplies the majority of their funding.
Mayor Coppola reported to the Council that he was working with other jurisdictions
regarding an option to increase KEDA's funding in which each jurisdiction in Kitsap
County would increase its business license fee an additional $5, which in turn would fund
KEDA's annual operations.
3. Discussion: Sign Code
Councilmember Chang explained that he was not a part of the Council when the sign code was
last updated, noting his primary concern had to do with A -board signage along the sidewalks on
Bay Street.
Council Direction: This matter is remanded to the Planning Commissions' 2011 docket for review
and recommendation.
4. Discussion: McCormick Division Three
October 19, 2010, Work Study Session Minutes
Page 2 of 2
Development Director Weaver provided an update on the McCormick Division Three, indicating
this will be brought forward at the November 9, 2010, meeting for Council to approve. If
approved, this will extend the entire north part of McCormick Woods and Old Clifton and west of
the park into the City limits.
Council Direction: No direction was given to staff at this time.
5. Update: 2oii Budget and Revenue
City Treasurer Martin provided a handout that explained his projected 2011 revenue for the City,
noting the top two revenues received by the City are sales tax, which generates 40.1% of the City's
revenue; and property tax, which generates 30.5%. The projected revenue for 2011 is
$8,389,882.
Council Direction: No direction was given to staff at this time.
6. Discussion: Parking Garage
The discussion regarding the Parking Garage has been moved to the November 16, 2010, Work
Study Session.
7. Discussion: Long -Term Goals and Objectives
Councilmember Putaansuu requested the Council come to a consensus on which direction to
pursue regarding the Bay Street Pedestrian Path project by the end of the year. Mayor Coppola
indicated he would talk with the Port of Bremerton's CEO, Cary Bozeman, regarding their
support for the City's Pedestrian Pathway project.
Council Direction: The Council directed staff to place this item on the January Retreat agenda.
8. Executive Session: Labor Negotiations Pursuant to RCW 42.30.iio(d)
The Executive Session was cancelled at Mayor Coppola's request.
9. Next Work Study Session- Tuesday, November 16, 2010
At 8:36 p.m. the meeting was adjourned.
Patricia J. Kirkpatrick, MMC, City Clerk Lary Coppola, Mayor
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(36o) 876-4407 0 FAX (36o) 895-9029
Agenda Staff Report
Agenda Item No. Business Item
Subject: Adoption of Ordinance No. 021-10,
Approving Street Vacation of a
Portion of the Alley Located in the
Plat of Pottery Hill Addition to
Meeting Date: November 9, 2mo
Prepared by: Patti Kirkpatrick, MMC
City Clerk
Atty Routing No:
Atty Review Date:
lo8-io
October 26, 2010
Summary: Earlier in the meeting the Council held a public hearing to consider a request by Mr.
and Mrs. Jason Hill, to vacate a portion of City right-of-way located in the Plat of Pottery Hill
Addition to Sidney.
Recommendation: Staff recommends adoption of Ordinance No. 021-10, regarding street
vacation of the alley located in the Plat of Pottery Hill Addition to Sidney.
Motion for consideration: I move to adopt Ordinance No. 021-1o, approving the Petition to
Vacate a portion of City right-of-way located in the Plat of Pottery Hill Addition to Sidney, with
the compensation of $3,45o received for the Street Vacation to be distributed 50/5o between the
Street Fund and the Designated Unreserved Fund Balance for Parks.
Fiscal Impact: The applicant has paid the $too Street Vacation processing fees, as well as the
$3,45o appraisal fee.
Alternatives: Deny Ordinance No. 021-10, and return the $3,40o appraisal fees.
Attachments: Ordinance No. 021-10
City of Port Orchard
City Clerk's Office
216 Prospect Street
Port Orchard, WA 98366
Introduced by: City Clerk
Requested by: City Clerk
Drafted by: City Clerk
Introduced: November 9, 2010
Adopted:
ORDINANCE NO.021-10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT ORCHARD
VACATING A PORTION OF CITY RIGHT-OF-WAY LOCATED IN THE PLAT OF
POTTERY HII.L ADDITION TO SIDNEY
LEGAL DESCRIPTION: at the Northwest corner of Lot 6, Block 2 of said Plat;
Thence West, io.o feet to the Centerline of alley between Blocks One and Two of said
Plat; Thence South along centerline of said Alley a distance of 23 feet, more or less, to
the center of unpaved portion of said plat; Thence West, at right angles to Block i, of
said Plat, a distance of io.00 feet, to a point on the Easterly Margin of Lot 7 of Block i
of said Plat; Thence South along East Margin of lot 7 of Block 1 a distance of 23 feet,
more or less, to the northerly edge of paved surfaced driveway/access road; Thence
East, at right angles to Block 2, of said Plat, a distance of 20.00 feet, to a point on the
Westerly Margin of Lot 7 of Block 2 of said Plat; Thence North 46 Feet along the West
Margins of lots 7 and 6 of Block 2 of said Plat to the Point of Beginning: Containing
approximately 690 square feet; more particularly shown in Exhibit A incorporated and
attached herein.
ADJACENT PARCEL NOS: 4046-o02-oo6-o107 and 4046-ooi-007-oio8
Ordinance No.o21-10
Page 2 of 3
WHEREAS, on September 17, 2009 the City of Port Orchard received a petition from Mr.
and Mrs. Jason Hill, Dara Lee Morgon-Rochon, and Mary Jo Buonanno, owners of more than two-
thirds (2/3) of the abutting property to vacate a trapezoidal section of the alley located in the Plat of
Pottery Addition to Sidney; and
WHEREAS, at the November 17, 2009, Work Study Session the Council directed that a
letter be sent to the property owners advising that the City cannot vacate a trapezoidal area because
the City can only vacate right-of-way to the centerline of an alley or street; and
WHEREAS, on August 23, 2010, the City received a revised petition from Mr. and Mrs.
Jason Hill and Mary Jo Buonanno, owners of more than two-thirds (2/3) of the abutting property
(hereafter "petitioners"), and a map for vacating an L-shaped portion of the right-of-way in the
alley located in the Plat of Pottery Hill Addition to Sidney; and
WHEREAS, at the September 28, 2010, meeting, the City Council set a public hearing on
the proposed vacation pursuant to RCW 35.79.010; and
WHEREAS, the petitioners have paid the required application fees and the full appraised
value of the proposed vacated area, $3,450, to compensate the City in accordance with state law and
local ordinance; and
WHEREAS, proper notice was posted in accordance with the requirements of RCW
35-79.020 in three public places and in a conspicuous place on the street sought to be vacated; and
WHEREAS, pursuant to RCW 35.79.03o, a public hearing was held on November 9, 2010,
before the City Council; and
'f If -11UNCH,1 I OF PORTORCHARD DOFb
1;141Ja a IM
SECTION i. Based on the testimony and documents presented atthe public hearing, the City
Council finds as follows:
a. The property described above has been part of a dedicated public right-of-way
for twenty-five years or more.
b. No portion of the right -of --way abuts a body of water.
C. The property described above is not useful as part of the City road system and
the public will be benefited by vacation of the City's interest.
d. No land will be `locked" from access to public roadways by the vacation.
e. The vacation does not adversely affect utilities.
Ordinance No.021-10
Page 3 of 3
The enlarging of the adjacent property by virtue of the annexation does not
create potential or actual land uses that are inconsistent or conflict with city
growth plans and goals.
g. The City has received the fullest monetary amount allowed by law.
SECTION 2. The property described in the above legal description and shown on the map
attached as Exhibit A, incorporated herein by reference, is hereby vacated upon satisfaction of the
conditions set forth in Section 3 below.
SECTION R. This vacation shall not be effective until the owners of property abutting upon
the alley so vacated pay the City the sum of $3,450, which amount is the fair appraised value of the
area vacated.
SECTION a. Pursuant to RCW 35.79.03o and POMC 12.08.020, the City reserves and
retains a perpetual easement under, on, or over the above -described vacated land for the
construction, repair, and maintenance of existing or future public utilities and services located on the
land or a portion of the land to be vacated.
SECTION s. The City Clerk is authorized and directed to record a certified copy of this
ordinance with the Kitsap County Auditor upon receipt of the compensation provided above.
SECTION 6. Effective Date. This Ordinance shall take effect five days after its publication.
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 9th day of November 2010.
ATTEST:
Patricia J. Kirkpatrick, MMC, City Clerk
APPROVED AS TO FORM:
Gregory A. Jacoby, City Attorney
Lary Coppola, Mayor
Sponsored by:
John Clauson, Councilmember
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(36o) 876-4407 0 FAX (36o) 895-9029
enda Staff Reuort
Agenda Item No. Business Item 7C Meeting Date: November 9, 2010
Subject: Adoption of Ordinance No. 022-10, Prepared by: Allan J. Martin
Setting the amount of Property City Treasurer
Tax to be Levied for Year 2ou, Atty Routing No: 136-10
Including Administrative Refunds Atty Review Date: November 2, 2010
Summary: On October 26, a public hearing on revenue sources for the current expense (general
fund) budget was held. The hearing included a discussion on any increases in the property tax
being considered. This ordinance reflects a 1% increase in property taxes from 2010. Below is a
comparison of next year's levy amount to this year's levy amount.
2010 levy
$1633,331
2011 levy
$2,5o8,587
1%increase
-o-
1%increase
23,044
New constructions
45,841
New constructions
64,668
Annexation
827.413
Annexation
27.794
Total Taxes
$2,5o6,585
Total Taxes
$2,623,093
Refunds
1.991
Refunds & Abatements
q.114
Total 2010
$2,5o8,587
Total 2010
$2,626,207
2011 levy annexation amount is estimated until final the levy calculation is completed by the
Kitsap County Assessor's Office.
Projected 2011 levy rate 2.111387 calculates a tax of $211.14 on a house assessed value of
$100,000.
Recommendation: Finance Committee recommends approval of the ordinance
Motion for consideration: I move to adopt Ordinance No. 022-10, to set the 2011 property tax
levy and the amount of property taxes to be raised for the budget year of 2011.
Fiscal Impact: The dollar amount of increase over the actual levy amount from the previous
year is approximately $23,044, which is a one percent (1%) increase from 2010.
Attachment: Ordinance No. 022-10
Introduced by: City Treasurer
Requested by: Council Finance Committee
Drafted by: City Treasurer
Introduced: November 9, 2010
Adopted:
ORDINANCE NO. 022-10
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, SETTING THE AMOUNT OF PROPERTY
TAXES TO BE LEVIED FOR THE YEAR 2011, INCLUDING
ADMINISTRATIVE REFUNDS
WHEREAS, the City Council of the City of Port Orchard has considered its budget
for the calendar year 20u; and
WHEREAS, notice was given for the annual public hearing on revenue sources held
on October 26, 2010 to consider the City of Port Orchard's current expense budget for the
2011 calendar year pursuant to RCW 84.55.120; and
WHEREAS, the City's actual levy amount from the previous year was 2,508,587;
and
WHEREAS, the population of the City is greater than 1o,000; and
WHEREAS, the City Council, after hearing and after duly considering all relevant
evidence and testimony presented, has determined that the City of Port Orchard should
collect the maximum amount of property tax allowed for the year 2011, in addition to that
resulting from the addition of new construction, improvements to property, any increase in
the value of state -assessed property, annexations that have occurred and refunds made, in
order to discharge the expected expense and obligations of the City and in its best interest;
now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON,
DO ORDAIN AS FOLLOWS:
SECTION 1. There shall be and hereby is levied on all real, personal and utility
property, whose estimated assessed valuation is one billion, two hundred forty two million,
three hundred and fifty five thousand, two hundred and eighty seven dollars
(1,2 2,355,287), for the current year commencing January 1, 2011, at the approximate rate
Of $2.11 per thousand dollars of assessed valuation. The regular property tax levy for
Ordinance No.022-10
Paee 2 of 2
collection in 2011 is two million, five hundred thirty-one thousand, six hundred thirty-one
dollars ($2,531,631), plus an additional dollar amount, of approximately sixty-four
thousand, six hundred sixty-eight dollars ($64,668), equal to the amount allowed under
new construction, improvements to property, any increase in the value of state -assessed
property and annexations that have occurred, by provisions of RCW 84.55.010.
The dollar amount of the increase over the actual levy amount from the previous year
is twenty three thousand, forty-four dollars ($23,044), which is approximately a one
percent (1%) increase from the previous year. This increase is exclusive of new
construction, improvements to property, any increase in the value of state assessed property
and any annexations that have occurred.
SEMON 2. In addition to the above amount for regular property tax levies there
will be added administrative refunds of three thousand, ninety dollars ($3,090), and tax
abatement twenty-four dollars ($24) to be levied.
SF.MON n. 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 portions of this ordinance.
SF,MON a. 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 9th day of November 2010.
ATTEST:
Patricia J. Kirkpatrick, MMC, City Clerk
APPROVED AS TO FORM:
Gregory A. Jacoby, City Attorney
Lary Coppola, Mayor
Sponsored by:
John Clauson, Councilmember
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(36o) 876-4407 0 FAX (36o) 895-9029
Agenda Staff Report
Agenda Item No. Business Item 7D
Subject: Adoption of Resolution No. 039-10,
Approving a Special Funding
Allocation From the Community
Events Fund 107 and Authorizing
any 2010 Ending Cash Balance to be
Carried over as Reserves for 2011
Meeting Date: November 9, 2010
Prepared by: Patti Kirkpatrick, MMC
Citv Clerk
Atty Routing No: 137-10
Atty Review Date: November 2, 2010
Summary: On October 13, 2010, the City Treasurer reported to the Finance Committee that the
Community Events Fund 107, which is the Hotel/Motel Tax fund, would have an estimated ending 2010
cash balance of $32,000. In discussing this matter with the Committee Chair Fred Chang, staff was
directed to call a meeting of the Lodging Tax Advisory Committee to review a special request received
from Councihnember Childs for the Festival of Chimes and Lights. A copy of the Committee's minutes
has been provided to the Council. The applicant has requested an additional $4,500 to help offset
additional costs for advertising, printing, promotion, and operational costs necessary to put on the
festival, including new decorations and the use of a boom truck to put up/take down decorations at City
Hall.
Based upon the City Treasurer's projections, this will leave a carryover balance of approximately $27,500,
which the Committee recommends be put into reserves for 2011, to allow the Lodging Tax Advisory
Committee to meet in late February 2011 to discuss whether the funds should be allocated or remain as
reserves.
Recommendation: Staff recommends adopting Resolution No. 039-10, approving the special funding
allocation request from the Community Event Fund logy, to the Festival of Chimes and Lights in an
amount not to exceed $4,500.
Motion for consideration: I move to adopt Resolution No. 039-io, approving the special funding
allocation requests from the Festival of Chimes and Lights in an amount not to exceed $4,500; and for
any ending 2010 cash balance to be put into reserves for 2011, and to allow the Lodging Tax Advisory
Committee the opportunity to determine whether the funds should be allocated or remain as reserves.
Fiscal Impact: There is expected to be a 2010 cash ending balance of $32,000. The above request would
leave estimated 2010 cash balance of $27,500 in reserves for the 2o11 budget.
Alternative: Not approve the funding request.
Attachments: Resolution No. 039-10
November 1, 201o, LTAC Minutes and Recommendations
Introduced by:
City Clerk
Requested by:
City Clerk
Drafted by:
City Clerk
Reviewed by:
City Attorney
Introduced:
November 9, 2010
Adopted:
RESOLUTION NO. 039-10
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON, APPROVING A SPECIAL FUNDING
ALLOCATION FROM THE COMMUNITY EVENTS FUND 107
AND AUTHORIZING ANY 2oio ENDING CASH BALANCE TO
BE CARRIED OVER AS
FOR 2oii
WHEREAS, the City of Port Orchard receives funding from local Hotel/Motel
taxes on a per bed rate; and
WHEREAS, the City Treasurer each year estimates the projected revenue for
the coming year in order for the funds to be spent by various organizations promoting
tourism on behalf of the City; and
WHEREAS, the projected revenues for 2010 were estimated at $61,000 and the
total amount allocated was $59,785•
WHEREAS, the City Treasurer is projecting an ending cash balance to the
Community Events Fund 107 of $32,000; and
WHEREAS, the City Clerk's office received one request for special funding from
the Community Event Fund 107, and historically the City Council has approved special
funding allocations; and
WHEREAS, the Lodging Tax Advisory Committee met on November t, 2010, to
review the special funding request and recommended that it be submitted to the City
Council for approval,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT
ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
THAT: the City Council approves the special funding allocation from the
Community Event Fund 107, for the Festival of Chimes and Lights to be
used to offset additional costs for advertising; printing; promotion; and
operational costs necessary to put on the festival, including new decorations
and the use of a boom truck to put up/take down decorations at City Hall in
an amount not to exceed $4,500.
Resolution No.039-10
Page 2 of 2
FURTHER THAT: the City Council authorizes that any 2010 ending cash
balance for the Community Events Fund ion be carried over as reserves for
2ou, and that the Lodging Tax Advisory Committee shall review the cash
reserves in February 2011 and recommend to the City Council whether the
funds should be allocated or remain as reserves.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the Clerk in authentication of such passage this 9th day of November 2010.
Lary Coppola, Mayor
ATTEST:
Patricia J. Kirkpatrick, MMC, City Clerk
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 0 FAX (360) 895-9029
Lodging Tax Advisory Committee
November 1, 2010
Meeting Minutes
The Lodging Tax Advisory Committee met on November 1, 2010 at 6:15 p.m. at City Hall. Members
present: Councilmember Chang; Jesse Turner, Fathoms O'Fun; Heather Cole, Hidden Treasures B&B;
Brian Sauer, Port of Bremerton; John Ready, Port Orchard Bay Street Association and City Clerk Patti
Kirkpatrick. Absent: Chan Park, Comfort Inn and Steven Saffell, Days Inn. Guest: Jerry Childs, Chair of
City's Economic Development/Tourism Committee
City Clerk Kirkpatrick provided copies of a request for additional funding for Chimes and Lights Festival,
2010 allocation spreadsheet current through September 2010, and a copy an email exchange between
the City Clerk and City Treasurer regarding anticipated revenue for the Community Fund 107
(Hotel/Motel Lodging Tax).
Mr. Childs provided a brief report on his request for additional funds noting the following:
• This has become a well-known family free affair and a premier Kitsap County Christmas
event;
• There will be another movie premier of Debbie Macomber's book, the second in a four -
movie deal;
• The festival provides a real stimulus for our downtown businesses and jump starts the
Christmas season in Kitsap County;
• The holiday garland was replaced at a cost of about $8,500, half of which has been received
through donations from private/public partnerships, such as Kitsap Bank, Kitsap Sun, and
Puget Sound Energy;
• City hall lighting is worn out and will need to be replaced with more economical LED
lighting, which is inline with the Mayor's green initiative; and
• The movie producers of Ms. Macomber's film, Call me Mrs. Miracle will be at the Festival and
part of the additional funding will be used towards a reception at Kitsap Bank to welcome
them to our community
City Clerk Kirkpatrick reported that the City Attorney had weighed in on the use of the Hotel/Motel Tax
funds for the reception at Kitsap Bank and opined that it was an appropriate use of those funds as the
money will be used to help fund the operation of a special event/festival that is designed to attract
tourists.
Mr. Childs left the meeting at 6:25 p.m.
The Committee held a brief discussion on the anticipated surplus funds (which the City Treasurer
indicated in an email dated October 20, 2010, that there would be an estimated ending balance for
2010 of $32,000) as follows:
• Should the Festival of Chimes and Lights receive additional funding for 2010? The
Committee came to a consensus that there would be sufficient funding in 2010 to allow for
the additional allocation request for Chimes and Lights in the amount of $4,500.
• Should the funds be held in reserves in 201P The Committee came to a consensus that at a
minimum $10,000 should be held in reserves to ensure adequate funding in 2011.
Lodging Tar Advisory Board
November 1, 2010, Minutes
Page 2 of 2
Should the funds be distributed or allocated to the 2011 recipients on the same percentage
allocation basis? The Committee came to a consensus that the remaining anticipated surplus
funds of $27,500 be carried over into 2011 and that the Committee meet again in late
February to discuss whether or not to allow recipient organizations to put in for additional
special festival funding in 2011 or to keep the funds in reserve for 2011 with carryover into
2012.
Should smaller recipient funding requests be paid upon receipt or at end of year? There are
two recipients that receive under $3,000 per year in funding dollars. They are The Cruz and
the Port of Bremerton's Boater Bags. The Committee agreed that these two organizations
should be paid upon receipt of their Claims for Reimbursements annually, with the
remainder of the organizations being paid on a pro -rated rate based upon their allocation
percentage as established by the City Council.
Committee members spoke of the need to have as part of the application process each
applicant/requestor to provide an estimated quarterly projection of what funds are
anticipated to have been spent. This would not be binding in any way, but would help both
City staff and the recipient in determining adequate funding is available and was another
way for both entities to see where they are at throughout the year.
The Committee directed staff to bring forward the following recommendations to the City Council for
approval:
• Approve the additional 2010 funding request for the Festival of Chimes and Lights in the
amount of $4,500.
• Authorize that any 2010 ending cash balance for Community Events Fund 107, (which is
estimated to be $32,000 less the $4,500 allocation to the Festival of Chimes and Lights for
an estimated balance of $27,500) to be carried over as reserves for 2011.
• Allow the Committee to meet in late February 2011 to determine the final ending cash
balance carried forward as reserves for 2011 and whether those funds should be allocated
or remain as reserves.
Further, staff was directed to send out a letter in January to each of the 2011 funding recipients
notifying that there may be additional funds available for 2011 and amended budgets should be
submitted to the City Clerk no later than February 1, 2011 for review by this Committee.
There being no further business the meeting adjourned at 7:05 p.m.
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 0 FAX (36o) 895-9029
Agenda Staff Report
Agenda Item No. Business Item
Subject: Adoption of Resolution No. 040-10,
Authorizing the Mayor to Execute
an Interlocal Agreement with GEM 1,
LLC for the Development Standards
and Processing of the McCormick
North Plat, Division III
Meeting Date: November 9, 2oio
Prepared by:
James R. Weaver
Development Director
Atty Routing No: i54-o9
Atty Review Date: November 2, 2oio
Summary: The City and GEM i desire to enter into a Development Agreement, as authorized by
RCW 36.7oB.170, which will establish procedures and standards for the review and approval of
McCormick North Phase III. This Agreement is intended to set forth the uses that will be
permitted on the Property, the development standards that will apply, the period of time within
which the development standards will apply, and the method and manner in which it may be
developed.
The McCormick North Division III is a Preliminary Plat consisting of 129 acres. Within the
boundaries of this project are four zoning designations, Greenbelt, Residential 20 units per acre
(R-20), Employment (Eo) and Mixed Use Development Mxd). Proposed development within the
R-20 zone includes 159 single-family units and two future development tracts for a total density
range of 255- 459 dwelling units. In addition to the residential lots eighteen non-residential lots
for commercial development will be created in the Employment Industrial zoning designation.
Location of Proposal: Boundaries of the site are Feigley Road SW on the west and SW Old
Clifton Road to the south. The north boundary is unincorporated Kitsap County and the east is
bounded by McCormick North Phase I Preliminary Plat.
Recommendation: Approve Resolution No. 040-io, authorizing the Mayor to enter into a
Development Agreement between the City and GEM 1.
Motion for consideration: I move to adopt Resolution No. 040-io, authorizing the Mayor to enter
into a Development Agreement between the City and GEM 1.
Fiscal Impact: None.
Alternatives: None.
Attachments: Resolution No. 040-10
Development Agreement between GEM 1 and the City of Port Orchard
Hearing Examiner Decision October 20, 2010
Introduced by: Development Director
Requested by: Development Director
Drafted by: Development Director
Introduced: November 9, 2010
Adopted:
RESOLUTION NO. 040-10
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON, APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE A DEVELOPMENT AGREEMENT
WITH GEM1, LLC FOR THE DEVELOPMENT
STANDARDS AND PROCESSING OF THE MCCORMICK
NORTH PHASE HI PLAT
WHEREAS, the parties recognize that the submittal of the McCormick North
Phase III Preliminary Plat and Master Plan to Kitsap County prior to Annexation of the
area, presented unusual circumstance to both parties upon annexation, including issues
related to development regulations and permit processing; and
WHEREAS, the purpose of a Development Agreement is to provide a
framework for cooperative agreement between the City and GEM1, LLC to implement
development standards and compliance with requirements of the Growth Management
Act, Chapter 36.7oA RCW; and
WHEREAS, the parties seek a set of development standard provisions that will
provide ongoing certainty and orderly evolution of logical utility planning and provision
for the McCormick North Phase III plat; and
WHEREAS, development agreements are authorized pursuant to RCW
36.7oB.17o and POMC 16.72.o8o; and
WHEREAS, on November 9, 2010 the Port Orchard City Council held a
properly noticed public hearing regarding the proposed Development Agreement
between the City and GEM1, LLC in accordance with RCW 36.7oB.200; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Resolution No. 040-10
2of2
THAT: the Port Orchard City Council hereby
approves and authorizes the Mayor to execute a
Development Agreement with GEMi, LLC for the plat
of McCormick North Phase III, in a form substantially
as attached hereto.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the Clerk in authentication of such passage this 9th day of November 2010.
Lary Coppola, Mayor
ATTEST:
Patricia J. Kirkpatrick, MMC, City Clerk
09/7/10 (Revised 10/06/2010)
DEVELOPMENT AGREEMENT
McCormick North Phase III
THIS DEVELOPMENT AGREEMENT ("Agreement")
of Port Orchard, a Washington municipal corporation (`
Washington limited liability company ("GEM
A. GEM 1 is the owner and Uri
Preliminary Plat, which is a portion of a larger area geri
McCormick North development is generally located on
of Anderson Hill Road. The McCo North area
McCormick North III are shown in the ttachi
of McCormick North Phase III is attached
B. The h
was annexed into the
C. Prio
Plan and Development
regulate deve!ppjient of
properties;
area, ct
ird on , 8,
into between the City
and GEM 1 LLC, a
�icC North III ster Plan and
own as McCorrmck North. The
side of Old Clifton di
d, west
ad rtion of that areawn as
as Apt The legal ription
of McCormick North Phase III
GEM 1 ff ' ed Kitsap County's approval of a Master
4rmwa ,Traffic, and Parks and Open Space, which
pments in the Urban Growth Area, including
1 obtamed Kitsap County approval of a Master Plan for
�f9o�jr' McCormick North Phases I and II, and additional
1velopment of McCormick North. Collectively, these
a comprehensive development plan for GEM 1's urban
and McCormick North Phase III.
D. the exation, GEM 1 submitted applications for the McCormick North
Phase III Master a Preliminary Plat application for McCormick North Phase III to
Kitsap County — Kit County Project Numbers 09 65893 and 09 74595. Kitsap County issued
a Notice of Complet Application for the McCormick North Phase III Master Plan on March 13,
2009 and a Notice of Complete Application for the McCormick North Phase III Preliminary Plat
on June 16, 2009.
E. The City and Kitsap County have different processes for the approval of
applications for developments like McCormick North Phase III. The City and County also have
Page 1 of 13
similar, but slightly different, substantive standards for the development of projects like
McCormick North Phase III.
F. The City and GEM 1 recognize that GEM 1 has a vested right to develop
McCormick North Phase III pursuant to the Kitsap County standards to which it is vested.
However, for a variety of reasons, both the City and GEM I believe it would be preferable to
complete the review and approval of McCormick North Phase III using City permit procedures.
The City and GEM 1 also believe it would be preferable to comp®roject.
view and approval of
McCormick North Phase III based on City of Port Orchard subsdards, to the extent
that use of such standards does not require significant redesign of
G. The City and GEM 1 desire to enter into a D
by RCW 36.70B.170, which will establish procedures an
of McCormick North Phase III. This Agreement is ' n4
permitted on the Property, the development stan that
which the development standards will apply, e1
developed.
Based on the foregoing considerations, the City
into the following Development Agreem *; ice,
DE
1.
neARIWernent, as authorized
ds for Sin
and approval
set forth that will be
)ply, the e within
(manneit may be
rchard and GEM 1, LLC enter
a. Whe din this ument, uri s a context clearly indicates otherwise, the
following words, „talize I all be define ' set forth in this paragraph.
"Ado Ordiii WW' means the ordinance that approves this
eme equired by RCW 36.70B.200.
(2) "A ent" Wans this document, entitled Development Agreement.
the City of Port Orchard.
(4A ction Standards" means the City adopted regulations governing
construction ds and specifications, such as, but not limited to, the International
Building C Uniform Plumbing Code, National Electric Code, the International Fire
Code, the Uniform Code for the Abatement of Dangerous Buildings, and such other
codes adopted by the City, with or without amendment.
(5) "Development Standards" means the development requirements set forth
in this Section 3 of this Agreement, the SEPA conditions, and all of the regulations duly
adopted by the City, either as a part of the Port Orchard Municipal Code, or adopted
therein by reference, and any administrative regulations duly adopted by the City, that
Page 2 of 13
relate to the use, alteration or development of real property within the City,. Development
Standards does not include Construction Standards or the applicable fees in effect at such
time as grading, building, or other applicable permit applications are submitted and
deemed complete by the City.
(6) "Effective Date" means the effective date of the Adopting Ordinance.
(7) "GEM 1" means GEM 1, LLC the fee simple ti solder of the Property,
its successors or assigns.%'
(8) "McCormick North Phase III" or the
within the City, assigned Kitsap County Assessor's
2009, 052301-4-015-2008, 052301-4-016-2007
2005, 052301-4-013-2009, 042301-3-009-2009 d
Appendix A and legally described in pen
d
approximately 129 acres and the propose use
industrial...
r eans the real property
�azc hers 052301-4-014-
1 4-01 052301-4-018-
01-3-007- as depicted in
The Pro _ .insists of
We residential, ed use, and
(10) "Vesting Date" rggers to the date on' Kitsap County issued a Notice
of Complete Application for rmick North I Master Plan project -
Kitsap County File Number 09 h 13, 2009!0set forth in paragraph D,
above.2,
of
(11) "Ve%evexopment ds"Development Standards in
effect on the V gcept as m ified by a requirements set forth in Section 3
of this Agree
2.
a. Co eview process for McCormick North Phase III required
submi n of (1) a /Plan on, and (2) a Preliminary Plat application. The City
rev' 11es s does not de a ter Plan process for such a development. The City's
requirem or a Preli PI a application are slightly different and slightly more detailed
than the Co Master Pl application requirements.
b. hi" t convert the pending applications to the City permit process, the
following steps eith e akeady occurred or will occur:
(1) GEM I has submitted modified and supplemental information requested
by City staff regarding the pending master plan and preliminary plat application, in order
to provide the additional information required to meet the City's application requirements
for preliminary plat approval (generally consisting of additional information on the
stormwater control plan).
Page 3 of 13
(2) The City shall review the application materials previously submitted to the
County, and the modified/supplemental information provided pursuant to the preceding
subsection 1(b) (1) and determine whether, based on that information, the application
contains sufficient information to allow the City to process a preliminary plat application
for McCormick North Phase III using City processes and standards, subject to the terms
of this Agreement.
(3) If the City determines that the application cont ' c sufficient information
to allow the City to process a preliminary plat application for C ick North Phase III
using City processes and standards, subject to the terms s Agreement, the Master
Plan application previously submitted to the County deemed to have been
abandoned and the McCormick North Phase III pr of sh processed as a City
preliminary plat application as set forth in this Agr t.
(4) If the City determines that application does not ' ufficient
information to allow the City to process minary ° application cComrick
North Phase III using City processes an su 'ect to th erms of this
Agreement, the City shall so notify GEM 1 an GEM 1 an opportunity to supply
additional information that would allow the Ci ake a determination that the
application contains sufficient ' tion to allow th to process a preliminary plat
application as described above. oes submit ormation, the City shall
review it pursuant to the terms o "is 1(b) issue a new determination:
GEM 1 shall also have the option tjete ble to provide the additional
information or pro' odifications re ested e City and to have the project
reviewed purs o plicable s dards processes to which it is currently
vested by v' of its p applicatio to Kitsap County and the related Notice of
Complete on issu y Kil C
C. a applie the City permit process pursuant to subsection
1(b), abov 'on s processed pursuant to City procedures for preliminary plat
approv as in effect Eff D of this Agreement. This process shall include, but is
not ' to, issuance ew no f application (if deemed to be required by the City) and
SE A r the City He Ex mer and appeal processes.
3.
If the McC "' orth Phase III applications are converted to the City permit process
pursuant to Section above, the Property, including all permitted land uses, shall be reviewed
and conditioned based on the Development Standards in effect on the Vesting Date, with the
following changes:
a. Minimum Residential Lot Size. The McCormick North Phase III project was
designed with and is based on a minimum residential lot size of 1500 square feet. The minimum
residential lot size for the Property shall be 1500 square feet.
Page 4 of 13
b. Tree Retention. The City and County have very different requirements for
provision of open spaces and retention of significant trees. The City's current significant tree
retention regulations are based on an assumption that a certain number of significant trees will be
retained throughout a project (defined as a tree having diameter at breast height of 36" or
greater). The County, on the contrary, requires that a certain percentage of a site be retained as
open space in which existing vegetation is protected. GEM 1, as part of the larger McCormick
North project, developed that overall project based on the County system. As a result, there are
and will be substantial areas of trees retained within the McCormic orth project but in a
pattern that is different than the City's lot by lot system. In er accommodate this
difference, the City and GEM 1 agree that development on lots ' ' McCormick North Phase
III shall be exempt from the provisions of the Port Orchard si i ee retention regulations
(PMC 16.50.180 through 16.50.220, as now or hereafter ed) f / riod of fifteen years
from the date of final plat approval. After the expiration fifteen riod, any new or
additional development on any lot in McCormick No Phase III shall be in compliance
with the requirements of significant tree retention r ations ' ffect at the t plication
for such new or additional development.
C. Stormwater Control Standards. McCo North Phase III was originally
planned and development applications sybmitted on the bas c requirements set forth in the
Kitsap County Code Title 12 Drainage ds, and the Ki o Department of Public
Works Stormwater Division, "Kitsap Co ater Mana nt Manual (KCSWDM),"
dated February 2002 with 2007 updates. M tly eed to use more state-of-the-
art water quality best management practice p o ct. In order to implement this
agreement, the City and G ee as folio`,
(1) c require is set fo n the Kitsap County Code Title 12 Drainage
Standards, and th Coun epartment lie Works Stormwater Division, "Kitsap
County Stormwater Man a M)," dated February 2002 with 2007 updates
shall be used 'wan ition of the water quantity aspects of the stormwater
control s rmic Phase III (i.e., the volume of required retention -detention
and fl control stan
(2) The dar contained in the 2005 Department of Ecology Stormwater
Control M d Kitsap unty Low Impact Development Ordinance shall be used to review
and condition ater q control aspects of the stormwater control system for McCormick
North Phase III.
d. Buildifff Height. Kitsap County and the City impose similar but different
building height lima ations on the residential zone (RM — Residential Medium in the County and
R20 in the City) in which a portion of McCormick North Phase III is located, but the County
method of measuring building height is somewhat more detailed. Because the plat was designed
assuming the County measurement system, building heights in the portion of McCormick North
Phase III that is zoned R20 shall be calculated based on the provisions of Kitsap County Code
17.110.140, 17.382.020, 17.382.060 and 17.382.110 (copies attached as Appendix C.)
Page 5 of 13
e. Road Cross Sections. McCormick North Phase III is part of a larger
development which was designed and constructed based upon the standards in the 2007 Kitsap
County Road Standards, including roadway width, sidewalk requirements, street trees and street
lighting and related appurtenances. In order to provide uniformity of appearance, a common
maintenance standard, and for consistency, except as noted below, McCormick North Phase III
shall be developed using the same road cross sections and road improvement standards that were
used in the balance of the McCormick North development. Copies of the applicable Road Cross
Sections and Road Channelization Plan are attached as Appendix D anA�h,,,-1, and F.
(1) Roads 1 through 5 shall have 6 foot wide ewalks in accordance with
WSDOT Standard Plans. Road I shall include a center turn lane Roads 5 and 6.
(2) Roads 2- 4 are intended tVc,
s/egres a R20 zone (High
density residential) parcels. The roads shall incl6 foot si on both sides,7 foot parking lane on one side, and 11 foot drived in Appen n endix
F.(3) Road 5 is intended to provss to the Eo Zone (employment
— industrial and office) parcels. The road shall include c er, 6 foot sidewalks both sides,
12 foot center turn lane, and 11 foot drie , as depicted ' ' ndix E.
(4) Road 6 is intended f p' ess/egres the Eo Zone (employment
— industrial and office) parcels. In addition tthe in t wide center turn lane, two 11
foot wide drive lanes, and t sidewalks > sid depicted in Appendix E, Road 6
shall also include cove ater con ance wi thickened edge, and a cul-de-sac
installed to City stan s at the " terminus the roadway.
f. Crit cal T has revi - ed the critical area delineations and reports
prepared for McCormick t j were originally submitted to Kitsap County)
and has de t the s are conic and sufficient for review of a plat application
pursuanCity st „And delineations contained therein are accurate.
Zoning an es. TE land uses for individual parcels or future development
tracts are ct to the lyinCity Zoning designation and associated land use code as
identified in chard cipal Code Section 16.30, as adopted on the Vesting Date. Future
development is ct to land use approval process, conditions, and potential SEPA review
identified an d use tables identified in Chapter 16.30.
h. Dediedion of Additional Open Space._ Although GEM 1 has proposed to provide
sufficient open space and recreational amenities to meet applicable standards, the City has
requested that GEM 1 also dedicate additional property as open space in McCormick North
Phase III. GEM 1 agrees, in response to that request, to dedicate the additional open space
subject to the following conditions:
Page 6 of 13
(1) Within sixty (60) days of final plat approval, GEM 1 shall convey as
permanent open space to the City via quit claim deed the real property depicted in attached
Exhibit _ (the "dedicated property"),
(2) GEM 1 shall be allowed to construct roadway and stormwater control
facilities (both water quantity and water quality control systems) in the dedicated property. Such
facilities shall be designed and constructed in accordance with Section 3(c) of this Agreement.
In the event that the dedication occurs before the stormwater control ilities are completed,
inspected and approved by the City, GEM 1 shall have the right C
dedicated property
for the purposes of design, construction, maintenance and repfacilities, including
during a period of two years after approval of the constructed fa '
(3) GEM 1 shall be responsible for
stormwater facilities in the dedicated property for a
constructed facilities. During that period of time,
maintenance or improvements required to assur th
which complies with the standards set forth in Se tion
(4) At the conclusion of the two
preceding subparagraph, the City shall'O a respc
repair of the stormwater facilities in the To
4. Term of Agreement.
a. Because
properties, including
the development o,4
1 all desire that these p
Standards shall be valic
GEM 1 d if the CW
pros ognizing th�
av a r f financing
Agreemen al plat <
provided suc plat
time periods es " ed 1
unten and repair of the
✓o yeari
approval of the
be resnse r y repair,
s areperatl a in
�gteement.
nance period set forth in the
jhe ongoing maintenance and
tion of thevelopme of GEM 1's Urban Growth Area
mic rth Phase I, is expected to take considerably longer than
plat cause Ki ounty, the City of Port Orchard and GEM
es o d in oordinated manner, the Vested Development
jars from the Effective Date unless extended or
e City may grant a single five year extension if requested by
tha 1 as made a reasonable effort to complete the final plat
e t development is dependent on market conditions, the
vari other factors beyond the control of the parties to this
al may be granted for portions of McCormick North Phase III,
ing for all of McCormick North Phase III shall occur within the
s Section.
b. Follrg the expiration of the term or extension thereof, this Agreement shall
have no force ore ct and the Property shall be subject to the regulations duly adopted by the
City, either as part of the Port Orchard Municipal Code, or adopted therein by reference, and any
administrative regulations duly adopted by the City that relate to the use, alteration or
development of real property within the City. Provided, however, if a complete building permit
application is submitted prior to the expiration of the term or extension thereof, the City shall
allow the construction and occupation of the improvement covered by said building permit
application so long as the building permit issued on said application remains in full force and
Page 7 of 13
effect and construction is substantially completed within 18 months of the date the City issues
the building permit.
5. Phasing.
GEM 1 shall be allowed to develop the property in phases, with the phases being allowed to
occur in such sequence as GEM 1 deems necessary in order to meet economic demands.
Provided, however, GEM 1 must complete in each phase the improve is that are determined
necessary by the City to adequately protect the public health with regards to
pedestrian and traffic circulation, emergency access, stormwater gement, and utilities as
they relate to the proposed phase.
In the event that market conditions or other factors r ' a than' the type of uses
(residential, commercial, industrial) within the Prope ; this Agreement s main in effect,
subject to the following: �%
a. Stormwater controls: GEM shall be e deve op its pro pursuant to
the standards set forth in Section 3(c), abe ovided that if the total impervious
surface area in the revised development e s the impervious area that is
assumed in the stormwat designed in ac c with Section 3(c), GEM
shall design and install the tormwater a required by the revised
development in accordance wi o ort Orchard's stormwater
regulations and standards in ect a e esting of the application for the
revineside
o�
b. AdArea. In event that a revised development would
increase griamily residential uses, lot sizes and parking
ment is in A / onal area shall comply with City of Port Orchard
s .n a hen an application for development of the additional area is
vested. der to . a uniform appearance and consistency, any additional
resident* shal subject to the building height and road cross section
Wstandards es ishe n Sections 3(e) and 3(f), above.
6.
No party shall be ipr/default under this Agreement unless it has failed to perform following
written notice of default from the other party. Notice of default shall allow the defaulting party
thirty (30) days to cure or commence cure where thirty (30) days is insufficient for a complete
cure. Each notice of default shall specify the nature of the alleged fault and the manner in which
the default may be cured satisfactorily. A party not in default under this Agreement shall have all
rights and remedies provided by law or equity, including without limitation: issuance of a stop
work order, injunction, damages, action for specific performance, or to require action consistent
with this Agreement. Nothing herein will operate to prevent either party from taking legal action
Page 8 of 13
regarding noncompliance that threatens public health, safety or welfare prior to the expiration of
the thirty (30) day cure period following notice of default. No such action or preceding will
operate to automatically terminate this Agreement, nor shall it release either parry from any
promise or obligation herein nor shall it release either party from any liability or obligation with
respect to any breach of this Agreement occurring prior to the commencement of any legal action
by a party.
Notices.
All notices required by this Agreement shall be deemed di
date that it is personally delivered to the address(es) set
successfully sent by facsimile transmission to the facsimile
City: James Weaver
City Development Di:
216 Prospect Street
Port Orchard, WA 9E
Phone: 360-876-4991
With a copy to: Gregory A.
City Attorneyl.,
P.O. Box 131',
ma, WA 98
253-627-
GEM 1
Lake Flora Road
ad, WA 98367
360-876-3511
With a o: Bob Johns
1601 114a Avenue SE, Suite 110
Bellevue, WA 98004
Phone:425-451-2812
Facsimile: 425-451-2818
8. Reimbursement for Agreement Expenses of the City.
respective party on the
r on the date that it is
brth below:
GEM 1 agrees to reimburse the City for actual expenses incurred over and above fees paid by
GEM 1 as an applicant incurred by City directly relating to this Agreement, including recording
Page 9 of 13
fees, publishing fees, and reasonable consulting and legal fees not otherwise included within
application fees. This Agreement shall not take effect until the fees provided for in this section
are paid to the City. Such payment of all fees shall be paid, at the latest, within thirty (30) days
from the City's presentation of a written statement of charges to GEM 1.
9. Amendments.
No change or modification of this Agreement shall be valid unless the
signed by authorized representatives of the City and GEM 1. Provide
shall follow the process established by law for the adoption of a 1
forth in RCW 36.70B.200. No purported or alleged waiver
Agreement shall be binding or effective unless in writing igned
it is sought to be enforced. /c,joy
10. Serious Threat to Public Health
Pursuant to RCW 36.70B.170(4), the City reserves m
regulations affecting the Property, including but
Comprehensive Plan, Zoning Code, Ofcial Zoning Map,
extent required by a serious threat to pu , - and safety.
11. Recording; Binding
This Agreement and any
County Auditor. GEM
subsequent amendm t
Agreement shall
1, and its heirs, perso
described i B.
transfer an
Provi however,
LIETIMEMM
12.
die is in writing and is
iy such amendment
nent agreement, as set
the provisions of this
1pparty against whom
impose rw or different
to amendments to the
pment regulations, to the
amen ' s theretall be recorded with the Kitsap
onsible the cost of recording this Agreement and any
ights, obli do , conditions and interests set forth in this
shall inure e benefit of and be binding upon the GEM
rs and assigns and shall benefit the properties
e right to convey, assign, apportion or otherwise
igations, conditions, and interests under this Agreement.
rr ays of the effective date of GEM 1's conveyance,
ansfer of its rights under this Agreement, GEM 1 must
the Parties.
Notwithstanding an er provision of this Agreement, or any other agreements, contracts, or
obligations which rrTWderive herefrom, nothing herein shall be construed to make the City or
GEM 1 partners or joint venturers, or to render any other parties liable for any of the debts or
obligations of the other parties, it being the intention of this Agreement merely to create the
agreements set forth herein.
13. Third Party Legal Challenge.
Page 10 of 13
In the event any legal action or special proceeding is commenced by any person or entity other
than a party to this Agreement, and a party's successor or assigns, to challenge this Agreement or
any provision herein, the City may elect to tender the defense of such lawsuit or individual
claims in the lawsuit to GEM 1 and its successors or assigns. In such event, GEM 1 and its
successors or assigns shall hold the City harmless from and defend the City from all costs and
expenses incurred in the defense of such lawsuit or individual claims in the lawsuit, including but
not limited to attorney's fees and expenses of litigation, and damages awarded to the prevailing
parry or parties in such litigation. GEM 1 and its successors or assigns s not settle any lawsuit
without the consent of the City. The City shall act in good faith s N1 not unreasonably
withhold consent to settle.
14. Specific Performance.
The parties specifically agree that damages are not ac
Agreement, and that the parties are entitled to com specifi
of this Agreement by any party in default thereof
15. No Third Party Beneficiaries.
This Agreement is made and entered int a sole p%rotect
and their successors and assigns. No othe 1 have
provision of this Agreement. F,
breach of this
6awrial terms
pefit of the parties hereto
of action based upon any
16. Appficable d Venue. "oq
This Agreement s govern and cons ' accordance with the laws of the State of
Washington. Any c 'th res t to this Dev ; ment Agreement shall be brought in Kitsap
County Superior Court,,
may be eted inWtiple copies, each of which shall be deemed an original.
18. 'tire Agreement; Construction.
This Agreement's s the entire agreement of the parties and incorporates all prior
discussions and agr nts. The captions throughout this Agreement are for convenience and
reference only and words contained in them shall not be held to expand, modify, amplify or
aid in the interpretation, construction or meaning of this Agreement. All parties hereto have
been represented by legal counsel and accordingly hereby waive the general rule of construction
that an agreement shall be construed against its drafter.
19. Attorney's Fees.
Page 11 of 13
In the event that any party to this Agreement brings a lawsuit against any other party in order to
enforce any provision of this Agreement or to redress any breach thereof, the prevailing party in
any such lawsuit shall be entitled to recover its costs and reasonable attorney's fees in addition to
any other available remedy.
IN WITNESS WHEREOF, this Agreement was executed by the parties on the dates
hereinafter indicated.
CITY OF PORT ORCHARD
Its:
Date:
GEM 1, LLC
By:
Its:
Date:
STATE OF W
COUNTY OR,
ertif
wh d
oath stat
purposes ment
factory evidence that is the person
said son acknowledged that he/she signed this instrument on
atho ed to execute the instrument and acknowledge it as the
1, LLC to be the fee and voluntary act of such party for the
SWORN to before me this
NOTARY PUBLIC in and for the State of
Washington, residing at
My appointment expires:
Page 12 of 13
STATE OF WASHINGTON )
SS.
COUNTY OF KITSAP )
I certify that I know of have satisfactory evidence that is the person
who appeared before me, and said person acknowledged that he/she signed this instrument, on
oath stated that he/she was authorized to execute the instrument and acknowledge it as the
of the City of Port Orchard to be the fee and vol 'act of such party for
the purposes mentioned in the instrument.
SUBSCRIBED AND SWORN to before me this
ARY P, LIC in and Afate of
2inggto
at
tment expires:
Page 13 of 13
MCCORMICK NORTH PHASE III DEVLOPMENT AGREEMENT - APPENDIX A
NW 1/4, SW 1/4, SEC. 4, AND THE SE 1/4, SEC 5,
TWP. 23 N., RGE. I E., W.M.
KITSAP COUNTY WASHINGTOI
I
0 400 B00 1600 2400
SCALE I" = 800'
Huts. G. Gommaith ! Anwktee, bz
A,�7. n • Plm
P.O. Hoz 3585 TIL. 425 4w-1990
Bellevue, ■t 99099 FAL �425� 482-7719
JOB NO: 08100
MCCORMICK NORTH MASTER PLAN
PHASE III, URBAN VILLAGE
KITSAP COUNTY WASNINGTON
MCCORMICK NORTH PHASE III DEVLOPMENT AGREEMENT - APPENDIX B
September 10, 2008
LEGAL DESCRIPTION
FOR
GEM1, L.L.C.
MCCORMICK NORTH MASTER PLAN PHASE III, URBAN VILLAGE
That portion of the Southwest quarter of Section 4 and the Southeast quarter of Section
5, Township 23 North, Range 1 East, Willamette Meridian, K%sap County, Washington, lying
North of Old Clifton Road and lying West of the following described line:
Beginning at the Southeast corner of said Section 5;
Thence N 87002'01" W along the South line of said Section 5 a distance of 835.91 feet;
Thence N 5032'11" E a distance of 30.03 feet to the North margin of said Old Clifton
Road and the TRUE POINT OF BEGINNING of the herein described line, said point also being a
point on the arc of a curve, the center of which bears S 84027'49" E;
Thence Northerly along the arc of a curve to the right, said curve having a radius of
430.00 feet, through a central angle of 24°59'29", a distance of 187.56 feet;
Thence N 28000'49" E a distance of 455.92 feet;
Thence N 30°31'40" E a distance of 1257.51 feet to a point of curve;
Thence Northerly along an arc of a curve to the left, said curve having a radius of 800.00
feet, through a central angle of 27050'52", a distance of 388.83 feet;
Thence N 2°40'48" E a distance of 457.96 feet;
Thence N 87*19'12" W a distance of 10.00 feet to a point on the arc of a curve, the center
of which bears S 87*19'12" E;
Thence Northerly along the arc of a curve to the right, said curve having a radius of
710.00 feet, through a central angle of 9'06'48", a distance of
112.93 feet to a point on the East — West centedine of said Section o
4, distant thereon 89.08 feet, S 88052'10" E from the West quarter
corner of said Section 4 and the TERMINUS of the herein described s� •'' w g5 .
line.
EXCEPT any portion thereof lying within the Northwest
quarter of said Southeast quarter of said Section 5.
081000EM1241-X-2010-0.130C Prepared by:
Page 1 of 1 Checked by:
G0LOSMITH
IANO OEVEIOPMENT SEEVICE5
MCCORMICK NORTH PHASE III DEVLOPMENT AGREEMENT - APPENDIX C
Building Height for McCormick North Phase III Preliminary Plat
Per Kitsan County Code Title 17
Zoning: RM Zone — Residential Medium
(Converted to R20 per Port Orchard Annexation)
I. DEFINITION -BUILDING HEIGHT:
17.110.140 Building height.
`Building height' is the vertical distance above a reference datum measured to the highest point
of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the
highest gable of a pitched or hipped roof.
(Ord. 367 (2006) § 5 (part), 2006: Ord. 216 (1998) § 4 (part), 1998)
H. DENSITY, DIMENSIONS, AND DESIGN - Chapter 17.382.020
C. Height. Except as provided for in Section 17.382.110(Ax14), height shall be measured
from a reference datum to the highest point of the coping of a flat roof, to the deck line of a
mansard roof, or to the average height of the highest gable of a pitched or hipped roof. The
reference datum shall be selected by either of the following, whichever yields a greater height of
building:
1. The elevation of the highest adjoining sidewalk or ground surface within a five-foot
horizontal distance of the exterior wall of the building when such sidewalk or ground surface is
not more than ten feet above lowest grade.
2. An elevation ten feet higher than the lowest grade when the sidewalk or ground surface
described in subsection (C)(1) of this section is more than ten feet above lowest grade.
3. The height of a stepped or terraced building is the maximum height of any segment of the
building.
H. DENSITY, DIMENSIONS, AND DESIGN - Chapter 17.382.060
17.382.060 Urban Residential Density and Dimensions Table.
Urban Low -Density Residential
Urban MediumlHigh-
Density Residential
UCR
IGZ
UR
UL
UM
UH
Standard
(5)
(33)
(33)
(5)
(5)
(33)
C:\Backup 02-14.060evelopment Sub ArewWoCormick North\McCormick North Phase II11BIdg Height PH III Pre-P1st Dev
Agree (KC Code)120709.doc
12/g2009 1 is
(50)
(33)
4
1
1
4
10
Minimum density (du/acre)
(3)
(3)
19
(19)
(18)
(18)
(19)
(19)
9
4
5
9
18
Base/Maximum density (du/acre)
30
(19)
(18)
(18)
(19)
(19)
None for multi-
Minimum2,400
lot size (39)
5,800
5,800
2,400
family;
None
s.f.
s.f.
s.f.
s.f.
2,400 s.f. for
single-family
0 for multi-
40
family;
Lot width (feet)
40
60
60
60
(20)
40 for single-
family
0 for multi-
family;
Lot depth (feet)
60
60
60
60
60
60 for single-
family
35
35
35
Maximum height (feet) (40)
35
35
35
(50)
(17}
(17)
Maximum impervious surface coverage
NA
40%
50%
NA
85%
85%
(Ord. 420 (2008) § 8 (part), 2008; Ord. 415 (2008) § 155, 2008: Ord. 367 (2006) § 106 (part),
2006)
17.382.110 Footnotes for tables.
17. A greater height may be allowed as set forth below and in accordance with the procedures
in Title 21 of this code. Such approval must be consistent with the recommendations of the fire
marshal/fire district and compatible with surrounding uses and zones. Such approval shall result
in a decrease in building coverage, an increase in public amenities, and/or a more creative or
efficient use of land. The maximum building height approved by the director shall not exceed:
C:1Backup 02.14.06\13evelopment Sub AreasVNcConnick NOrthWaCormick North Phase IIHBldg Height PH III Pre -Plat Dev
Agree (KC Code) 120709.doc
12/8/2009 2 is
a. In the UM, NC, and P zones: forty -Five feet.
b. In the UH, HTC, and RC zones: sixty-five feet.
c. In the BP, BC, and IND zones: fifty feet.
d. In the mixed use zone:
i. Within Silverdale, the maximum height shall be 45 feet;
ii. Along the Highway 303 corridor, the maximum height shall be sixty-five feet;
iii. Along Perry and National Avenues, the maximum height shall be forty-five feet.
CABackup 02-14-06\Development Sub AreesWeCormick North\McCormick North Phase Ill\Bldg Height PH III Pre -Plat Dev
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MCCORMICK NORTH PHASE III DEVLOPMENT AGREEMENT - EXHIBIT 1
BEFORE THE HEARING EXAMINER
FOR THE CITY OF PORT ORCHARD
In the Matter of the Application of )
Doug Skrobut, on behalf of )
GEM 1, LLC )
For a Preliminary Plat )
No. SUBDIV 10-01
RECEIVED
OCT-'21 2910.'
CITY OF PORT ORCHARD
PLANNING DEPARTMENT
McCormick North Phase III
FINDINGS, CONCLUSIONS,
AND DECISION
SUMMARY OF DECISION
The City staff and Applicant agreed to a draft Development Agreement for the McCormick
North Phase III Preliminary Plat. A Development Agreement must be approved by the City
Council, a process that had not yet been completed at the time of the hearing on the preliminary
plat application. To be approved, the preliminary plat application must be consistent with City
Code, as modified by the Development Agreement, as well as with the requirements of state law
in Chapter 58.17 RCW. The purpose of the hearing on the preliminary plat application was to
collect the evidence from the City, the Applicant and the public so that the Hearing Examiner
could make a decision on the preliminary plat application based upon the evidence presented.
The Hearing Examiner reviewed the application for compliance with the Development
Agreement and RCW 58.17, and conditionally APPROVES the preliminary plat. The approval
is contingent upon a separate approval of the draft Development Agreement by the City Council.
If the draft Development Agreement is approved by the City Council, the approval of the
preliminary plat will be final on the date of City Council approval of the Development
Agreement. If the City Council does not approve the draft Development Agreement, the
preliminary plat application also will not be approved.
SUMMARY OF RECORD
Re uest:
Doug Skrobut, on behalf of Gem 1, LLC, requests a preliminary plat to subdivide 129 acres into
159 single-family lots with two future development tracts; a mixed use future development tract;
18 future commercial development tracts; and open space, common open space, utility, and
stormwater tracts. The property subject to the request is located on a site bounded by Feigley
Road SW on the west and SW Old Clifton Road to the south with unincorporated Kitsap County
to the north and the McCormick North Phase I Preliminary Plat to the east within Port Orchard,
Washington. The City and Applicant have agreed to a draft Development Agreement that
applies to the preliminary plat.
Hearing Date:
The Hearing Examiner held an open record hearing on the request on October 7, 2010.
Findings, Conclusions, and Decision
City of Port Orchard Hearing Examiner
McCormick North Phase III, Preliminary Plat, No. SUBDI V 10-01
Page I of23
Testimony:
The following individuals presented testimony under oath at the open record hearing:
Tom Bonsell, City Associate Planner
Ellen Ferguson, City Administrative Assistant
James Weaver, City Development Director
Doug Skrobut, Applicant's Authorized Agent
Exhibits:
The following exhibits were admitted into the record:
l , Application submittal, including the following documents:
A. Application, received March 11, 2010
B. Contact information, received March 11, 2010
C. Authorization letter, dated September 28, 2009
D. Letter from Doug Skrobut to Development Director James Weaver regarding
procedural and substantive issues due to the application transfer from Kitsap
County to the City of Port Orchard, dated October 20, 2009
E. Legal Description, prepared by Gerald Retzlaff, Goldsmith Land Development
Services, dated September 21, 2009
F. Project location and description, dated October 15, 2009
G. Preliminary plat drawings, received October 27, 2009
Sheet 1, Cover Sheet
Sheet 2, Existing Conditions
Sheet 3, Overal (sic) Preliminary Plat
Sheet 3-S, South Portion
Sheet 3-N, North Portion
Sheet 4, Conceptual Utility and Road Plan: Overall
Sheet 4-S, Conceptual Utility and Road Plan: South Portion
Sheet 4-N, Conceptual Utility and Road Plan: North Portion
Sheet 5, Conceptual Road 1 Plan & Profile
Sheet 6, Conceptual Road 1 Plan & Profile
Sheet 7, Conceptual Road 5 Plan & Profile
Sheet 8, Conceptual Road 5 Plan & Profile
Sheet 9, Conceptual Road 6 Plan & Profile
Sheet 10 Conceptual Road 6 Profile
Sheet 11, Conceptual Road 6 Profile
II. Site Plan, received October 27, 2009
I. Vicinity map, received October 27, 2009
J. Conditional Water Availability letter — City of Bremerton, Public Works, dated
August 20, 2009
K. SEPA Checklist, dated March 3, 2010
Findings, Conchisions, and Decision
City of Port Orchard Hearing Examiner
McCormick Norlh Phase 111, Preliminary Plat, No. SUBDIV 10-01
Page 2 of13
L. Wetland and Stream Delineation Report, GwEngineers, dated December 2, 2008
M. Traffic Impact Analysis, Transpogroup, dated November 4, 2008
N. Sewer Capacity Availability letter — City of Port Orchard Public Works, dated
May 8, 2009
O. Parking Plan, received March 11, 2010
P. Property Owners List verification, map, and labels, received March 11, 2010
Q. Preliminary drainage control plan and downstream analysis, Goldsmith Land
Development Services, dated October 2009
2. Application transmittal Request for Review, dated March 16, 2010
3. Kitsap County Assessor Property Report & Parcel Maps, viewed March 15, 2010
4. Memo from Greg Rogers, South Kitsap Fire & Rescue to Tom Bonsell, dated March 18,
2010
5. Letter of Determination of Completeness from Tom Bonsell, dated July 15, 2010
6. Kitsap County South Kitsap UGA/ JLID #6 Sub -Area Plan, dated December 8, 2003
7. Memorandum from Andrea Archer, City Assistant Engineer to Tom Bonsell, dated
August 24, 2010
8. Memorandum from Andrea Archer, City Assistant Engineer to Tom Bonsell, dated
August 23, 2010
9. Notice of Application/SEPA Threshold Determination, dated September 3, 2010
10. Affidavit of mailing and posting of Notice of Application and SEPA Threshold
Determination with attachments, dated September 3, 2010
11. Affidavit of publication of Notice of Application and SEPA Threshold Determination
with attachment, dated September 3, 2010
12. Distribution list for agencies receiving NOA/SEPA Determination with attachments,
dated September 3, 2010
13. Email from Tom O'Brien, South Kitsap School District #402, to Ellen Ferguson, dated
September 16, 2010, with email string
14. Affidavit of mailing and posting of Notice of Public Hearing, dated September 17, 2010
15. Affidavit of publication of Notice of Public Hearing, dated September 17, 2010
16. Mitigated Determination of Nonsignificance, dated September 20, 2010
17. Draft Development Agreement between the City of Port Orchard and GEM 1 LLC, with
attachments, dated September 7, 2010
18. Site plan showing additional parking for proposed park along Road 6, received
September 20, 2010
19. E-mail from Doug Skrobut to Gregory Jacoby regarding the Development Agreement for
McCormick Woods Phase III Preliminary Plat, dated September 24, 2010, with email
string
20. Staff report by Associate Planner Tom Bonsell, for October 7, 2010 hearing
21. Staff Report and Recommendation to the Hearing Examiner, Conditions of Approval —
Response Matrix, dated October 1, 2010
22. Figure 4-5, "L" Intersection, Very Low Volume Local Roads, Kitsap County Department
of Public Works, dated August 10, 2007, Appendix F to Development Agreement
23. Revised — McCormick North Phase III Development Agreement
Findings, Conclusions, and Decision
City of Port Orchard Hearing Examiner
McCormick North Phase III, Preliminary Plat, No. SUBDIV 10-01
Page 3 q(23
Appendix A, McCormick North Mater Plan Phase 11I, Urban Village, dated September 8,
2008, with replacement Appendices for Development Agreement
Appendix B, Legal Description, dated September 10, 2008
Appendix C, Building Height per Kitsap County Code Title 17 (Converted to R20 per
Port Orchard Annexation)
Appendix D, Road Channelization Road 6, Sheet RD-6
Appendix D-1, Additional Parking for Proposed Park Along Road 6, Sheet PK-1
Appendix E, McCormick north Phase III Road Sections, revised October 6, 2010
Exhibit 1, Open Space to be dedicated to the City of Port Orchard
24. Staff Report and Recommendation to the Hearing Examiner, Conditions of Approval —
City Proposed Resolutions, dated October 6, 2010
25. Draft Development Agreement, revised October 6, 2010
26. City Council Work Study Session Minutes, May 18, 2010, page 2; City Council Work
Study Session Agenda for June 15, 2010, and meeting minutes
The Hearing Examiner enters the following Findings and Conclusions based upon the testimony
and exhibits admitted at the open record hearing:
FINDINGS
Preliminary Plat Application and Public Notice
1. Doug Skrobut, on behalf of GEM 1, LLC (Applicant), requests a preliminary plat to
subdivide 129 acres. The preliminary plat consists of 159 single-family lots and two
future development tracts within the R20 zone; a mixed use future development tract
within the Mixed Use Development zone; 18 future commercial development lots within
the Employment Industrial and Office zoncl; and open space, utility, and stormwater
tracts. The Applicant's Environmental Checklist further describes the proposal as
including approximately 50 acres for approximately 585,000 square feet of business park
development, and approximately seven acres for village center/mixed use development.
The remaining 30 acres includes open space, critical areas, and storm water tracts. The
property subject to the request is located on a site bounded by Feigley Road SW on the
west and SW Old Clifton Road to the south with unincorporated Kitsap County to the
north and the McCormick North Phase I Preliminary Plat to the east within Port Orchard,
t The Project Description (Exhibit 1.F) and the Staff Report (Exhibit 20, page 1) described the project as 159
residential "units." The preliminary plat, Exhibit 1.G, Sheet 3, and conditions No. 11 and 12 referenced lots. This
decision will refer to residential lots. The Staff Report, Exhibit 20, page I, describes 18 non-residential lots for
commercial development. The preliminary plat, Exhibit l.G, Sheet 3, references tracts. This decision will refer to
commercial lots
' Condition No. 33 provides: "Approval of the preliminary plat shall not be construed to mean approval of the total
number of lots or configuration of the lots and tracts. These parameters may be required to be revised from the final
design to meet all requirements of City of Port Orchard Municipal Code." Exhibit 20, StaB Reporl, page 15.
Findings, Conclusions, and Decision
City of Port Orchard Hearing Examiner
McCormick North Phase 111, Preliminary Plat, No. SUBDIV 10-01
Page 4 of 23
Washington .3 Exhibit LA; Exhibit 1.G, Sheet 3; Exhibit 1.H,• Exhibit 1.K, page 2;
Exhibit 20, Staff Report, page 1.
2. The City of Port Orchard (City) received the preliminary plat application on March 11,
2010 ° The City determined that the application was complete on July 15, 2010. On
September 3, 2010, the City mailed notice of the application to owners of property
surrounding the subject property, posted notice on the subject property, and published
notice of the application. On September 17, 2010, the City mailed notice of the open
record hearing associated with the application to surrounding property owners and
interested parties, posted notice on -site, and published notice in the Port Orchard
Independent. Exhibit 5; Exhibit 9; Exhibit 10; Exhibit 11; Exhibit 13; Exhibit 14; Exhibit
15; Exhibit 20, Staff Report, page 12; Testimony of Mr. Bonsell; Testimony of Ms.
Ferguson.
SEPA Review
3. The City acted as lead agency to analyze the environmental impacts of the proposed
preliminary plat as required by the State Environmental Policy Act (SEPA), Chapter
43.21C Revised Code of Washington (RCW).s The City reviewed the Applicant's
environmental checklist. The City determined that, with conditions, the proposed plat
would not have a probable significant adverse impact on the environment. The City
issued a Mitigated Determination ofNonsignificance (MDNS) on September 20, 2010.
The 18 MDNS conditions address stormwater permits, erosion control measures, public
access, road development standards, wetland/stream and native vegetative screening
buffers, street parking, pedestrian access, and student access to schools. No appeal of the
MDNS was received prior to the appeal deadline of October 4, 2010. Exhibit 12; Exhibit
16; Exhibit 20, Staff Report, page 12.
' The property is identified by tax parcel numbers 05230 1 A-0 14-2009, 052301-4-015-2008, 052301-4-016-2007,
0523014-017-2006,052301-4-018-2005,052301-0-013-2009,042301-3-009-2009,042301-3-007-2001. Exhibit
25, Draft Development Agreement, page 3. The Applicant's preliminary plat cover sheet, Exhibit 1.G, Sheet l;
Application, Exhibit i.A; Environmental Checklist, page 3, Exhibit 12; and Kitsap County Parcel Search, Exhibit 3,
reference tax parcel number 052301-4-013-2000. This decision will reference the tax parcel numbers in the draft
Development Agreement. A legal description is provided in Exhibit I.E.
Doug Skrobut, the Applicant's authorized agent, testified that McCormick North consists of three phases, with
Phase I and 11 already approved by Kitsap County. Testimony of Mr. Skrobut. On February 23, 2009, McCormick
North, Phase III was submitted to Kitsap County as a Master Planned Development. The site was annexed into the
city of Port Orchard as apart of the McCormick Woods Annexation on July 8, 2009. Exhibit 20, Staff Report, page
3.
s A Final Environmental Impact Statement (FEIS) was issued in August 1985 for the McCormick Woods Masters
Plan; a draft Supplemental Environmental Impact Statement for the Draft South Kitsap UGAIULID #6 Sub -Area
Plan was issued on October 26, 2001, as an integrated SEPA/GMA document phased environmental review under
WAC 197-11-060(5); a final Supplemental Environmental Impact Statement for the South Kitsap UGA/ULID #6
Sub -Area Plan was issued on January 9, 2002. Exhibit 12, NOA, page 2.
Findings, Conclusions, and Decision
City of Port Orchard Hearing Examiner
McCormick North Phase 11I, Preliminary Plat, No. SUBDIV 10-01
Page 5 of 23
Zoning and Comprehensive Plan
4. The 129 acres has four zoning designations: R20; Employment Industrial and Office
zone (Eo); Mixed Use Development zone (Mxd); and Greenbelt (Gb). Surrounding
property to the north is zoned Urban Reserve (I DU per 10 Acres). Property to the west
is zoned R-8. Property to the south is zoned Urban Medium Kitsap County (10-18 DU
per acre). Property to the east is zoned Greenbelt. The property also has four
Comprehensive Plan designations: Residential High Density; Employment Industrial;
Commercial; and Greenbelt. Property to the north has a Comprehensive Plan designation
of Urban Reserve. Property to the east is designated Greenbelt. Property to the south is
designated Urban Medium within Kitsap County. Property to the west is designated
Residential Medium Density. Exhibit 1.G, Sheet 2; Exhibit 1.K, page 8; Exhibit 20, Staff
Report, page 2.
5. The purpose of the R20 zone is to: (a) Allow high density residential development in
urban locations where public services and facilities are most available; (b) Implement
comprehensive plan goals and policies for housing quality, diversity, and affordability;
and (c) Efficiently use residential land, public services, and energy. Port Orchard
Municipal Code (POMC) 16.13.140(1). The R20 zone allows a minimum lot size of
2,178 square feet; maximum lot coverage of 85 percent; and minimum landscaping site
coverage of 15 percent. The R20 zone allows for development at a density of up to 20
dwelling units per net usable acre.6 The proposed development within the R20 zone
would be ten to 17 dwelling units per acre. POMC 16.40.025; Exhibit 1.F, page 2;
Exhibit 20, Staff Report, page 7.
6. The purpose of the Employment Industrial and Office zone (Eo) is to: (a) Provide for the
location and grouping of industrial and related enterprises and activities involving
manufacturing, assembly, fabrication, processing, bulk handling and storage, research
facilities, warehousing, and heavy trucking; (b) Provide land for those types of
professional, research, business, service, and similar uses which are based in office
structures and which require separate sites or developments from other more commercial
and retail activities; and (c) Protect the land base for economic development and
employment opportunities. POW 16.13.160(1); Exhibit 20, Staff Report, page 7.
The purpose of the Mixed Use Development zone (Mxd) is to: (a) Provide a permissive
and alternative zoning procedure for innovative, pedestrian oriented mixed use site and
building developments or physical design proposals that are capable of providing
substantial value to the community over conventional zone districting; and (b) Implement
comprehensive plan goals and policies for housing diversity, affordability, and to
efficiently use land, public services, and energy. The mixed use district may vary the
height, use, organization, design, intensity, size or other feature of the proposed
'Net usable site area is defined as `the total site area less sensitive environmental features (equal to gross useable
site area) and dedications as these areas are defined elsewhere in this code." POMC 16.40.040.
Findings, Conclusions, and Decision
City of Part Orchard Hearing Examiner
McCormick North Phase III, Preliminary Plat, No. SUBDIV 10-0I
Page 6 of 23
development, but shall not vary from the environmental, market, community impact,
infrastructure, design, and other objectives of this title and the comprehensive plan.
POMC 16.13.170(1); Exhibit 20, Staff Report, pages 7 and 8.
8. The purpose of the Greenbelt zone (Gb) is to preserve and protect natural areas that are
unique in character and insure that natural systems will be maintained. POMC
16.13.110(1). Residential development is allowed within the Gb zone at a density of one
dwelling unit per two acres, with no minimum lot size requirement. The Gb zone allows
maximum lot coverage of 15 percent, with minimum landscaping site coverage of 85
percent. POMC 16.40.025; Exhibit 20, Staff Report, page 7.
9. The City Comprehensive Plan contains goals and policies relevant to the proposed
development. Housing Element goals and policies promote affordable housing through
innovative standards, infill development, increased densities, and a variety of attractive
housing choices for mixed income levels. Land Use Element goals and policies promote
the vitality of the City with creative design, preservation of environmentally sensitive
areas, a mixture of land uses, and an awareness of private property rights. The City staff
identified Comprehensive Plan Goal 2 Policies HS-7, HS-10; and Goal 4, Policy HS-19
as relevant to the proposal and found the proposed project in compliance with the City's
Comprehensive Plan. City Comprehensive Plan; Exhibit 20, Staff Report, page 4.
10. Kitsap County approved the Kitsap UGA/ULID #6 sub -area plan for the McCormick
Woods area in December of 2003. The City adopted this sub -area plan by reference as
part of the 2009 City Comprehensive Plan update. The City staff found the proposed
project in compliance with sub -area plan. Exhibit 20, Staff Report, page 5.
Development Agreement
11. Revised Code of Washington (RCW) 36.70B.170 (1) allows a local government to enter
into a development agreement with a person having ownership or control of real property
within its jurisdiction. A development agreement must set forth the development
standards and other provisions that will govem the development of the real property for
the duration specified in the agreement. James Weaver, City Planning Director, testified
that the City Attorney presented a draft Development Agreement governing development
the subject property to the City Council's Work Study Sessions on May 18, and June 15,
2010. RCW 36.70B.170(1); Exhibit 26; Testimony of Mr. Weaver.
12. The Applicant testified that if the draft Development Agreement is approved by the City
Council, the following standards would apply to development of the preliminary plat:
• The minimum residential lot size would be 1500 square feet.
• The City's significant tree retention regulations would not apply for 15 years from
date of final plat approval.
Findings, Conclusions, and Decision
City of Port Orchard Hearing Examiner
McCormick North Phase III, Preliminary Plat, No. SUBDIV 10-01
Page 7 of23
The Kitsap County Code Title 12 Drainage Standards and 2002 Kitsap County
Stormwater Management Manual with 2007 updates would be used for water
quantity aspects of stormwater control, while standards in the 2005 Department of
Ecology Stormwater Control Manual and Kitsap County Low Impact
Development Ordinance would be used to review water quality control aspects of
stormwater control.
• Building heights in the R20 zone would be calculated according to the Kitsap
County Code.
• Roads would be developed based on the 2007 Kitsap County Road Standards.
Land uses would be subject to the underlying City Zoning designation and
associated land use code as identified in Chapter 16.30 POMC, as adopted on the
Vesting Date.?
Additional open space would be provided beyond that required in the City code.
In addition, the Vested Develo?went Standards would be valid for a period of fifteen
years from the Effective Date, unless extended or terminated as provided by the
Development Agreement. Exhibit 22; Exhibit 23; Exhibit 25, Sections 3 and 4;
Testimony of Mr. Skrobut.
13. The Applicant and City staff agreed to three proposed changes to the draft Development
Agreement (Exhibit 25) during the course of the hearing on the preliminary plat to clarify
road standards. This would be accomplished by adding Exhibit 22, (Appendix F: Kitsap
County 2007 Adopted Road Standards; "L Intersection — Very Low Volume Local
Roads") to the draft Development Agreement appendixes to modify Exhibit LG Sheet 4.
A reference to Appendix F is added to Section 3.e and 3.e.(2) of the draft Development
Agreement. In addition, a revised set of Appendixes A-E, and a new Exhibit 1 was
submitted for the record as part of the revised Development Agreement. Taken together,
Exhibits 22, 23 and 25 make up the draft Development Agreement to be reviewed by the
City Council. Exhibit 22; Exhibit 23; Exhibit 15; Testimony of Mr. Skrobut.
' The draft Development Agreement defines "Vesting Date," as follows: "'Vesting Date' refers to the date on which
Kitsap County issued a Notice of Complete Application for the McCormick North Phase III Master Plan project —
Kitsap County File Number 09 65893 (March 13, 2009), as set forth in paragraph D, above " Exhibit 25, Section
I (a) 00).
' The draft Development Agreement defines "Development Standards" as follows: "'Development Standards'
means the development requirements set forth in this Section 3 of this Agreement, the SEPA conditions, and all of
the regulations duty adopted by the City, either as a part of the Pon Orchard Municipal Code, or adopted therein by
reference, and any administrative regulations duly adopted by the City, that relate to the use, alteration or
development of real property within the City. Development Standards does not include Construction Standards or
the applicable fees in effect at such time as grading, building, or oilier applicable permit applications are submitted
and deemed complete by the City." Exhibit 25, Section l.a.(5).
"Me draft Development Agreement defines "Effective Date," as follows: '"Effective Date' means the effective date
of the Adopting Ordinance." Exhibit 25, Section I (a)(6).
Findings, Conclusions, and Decision
City of Port Orchard Hearing Examiner
McCormick North Phase III, Preliminary Plat, No. SUBDIV 10-01
Page 8 of 23
Description of Property
14. The western portion of the site is a square with the southwest corner formed by the
intersection of Feigley Road SW and SW Old Clifton Road. The northern half of this
square would contain 159 single-family residential lots, with the south half reserved for
future residential development. The middle portion of the site is an adjacent rectangle
extending north from SW Old Clifton Road. Most of this rectangle would feature
commercial lots as well as open space and stormwater control tracts, with a mixed use
tract in the southeast corner. The eastern portion of the site consists of a stormwater
control tract in the form of a triangle extending to the east from the northern half of the
site. The Applicant has designated the following tracts in the proposed preliminary plat:
A-1 (Access & Utility Tract for Lots 20-26); A-2 (Access & Utility Tract for Lots 53-58);
A-3 (Access & Utility Tract for Lots 131-135); COS-] through 14 (Common Open
Space); OS-1 through 4 (Open Space with Critical Areas & Buffers); FD-1, 2 (Future
Development Tracts); MXD-I (Mixed Use — Future Development Tract); EO-1 through
18 (Employment/Office - Future Development Tracts); RD-I, 2, 3 (Stormwater Control
Facility Tracts); U-1 (Utility Tract). Exhibit 1.G, Sheet 3; Exhibit I.H.
Access, Roads, Traffic, and Parking
15. A proposed Road 1 with a 50-foot wide right-of-way off Feigley Road SW would provide
access to the residential subdivision and continue east to a "T" intersection with proposed
Road 6. Road 6 with a 75-foot wide right-of-way would provide access from the south to
the commercial tracts from SW Old Clifton Road. The road would be constructed as a
sub -collector with two lanes, shoulders and ditches on both sides, and a walkway on the
east side. It would continue northeast and then north to the northern property boundary to
serve properties located north of the plat. The Applicant would provide interior plat
access to proposed Lots ] — 147 along proposed Roads 2, 3 and 4, including curb, gutter
and sidewalk (one side), with parking proposed on one side only. Road 5 would provide
additional access to the commercial lots, extending northeast from Road 1 and running
generally parallel to Road 6. Road 5 would be constructed with a 50-foot wide right-of-
way, including curb, gutter and sidewalk on both sides. The Applicant would construct
half street improvements, including paving, curbs, gutters and sidewalks along SW Old
Clifton Road. Exhibit LF; Exhibit LG, Sheet 3-S; Exhibit I.G, Sheet 3-N; Exhibit LH;
Exhibit 20, Staff Report, page 17.
16, City ordinances require that all plat roads be constructed to Access Road standards
(Resolution 1971), unless modified by City Council approval of a development
agreement. As set out in the draft Development Agreement, all roadways within the
proposed plat would be constructed as urban public roads in accordance with the Kitsap
County Road Standards and draft Development Agreement Appendix D, D-1, and F, to
provide uniformity of appearance and a common maintenance standard with the
Findings, Conclusions, and Decision
City of Port Orchard Hearing Examiner
McCormick North Phase III, Preliminary Plat, No. SUBDIV 10-01
Page 9 of 23
McCormick North development. Specified standards would apply to Roads 1-6. 10
Exhibit 20, Staff Report, pages 10 and 11; Exhibit 25.
17. Transpo Group prepared a Transportation Impact Analysis (TIA) on behalf of the
Applicant. The TIA was prepared for the proposed master plan required by Kitsap
County Code (KCC) 17.428. The proposed project at that time was for the development
of approximately 680 multi -family residential units, a 585,000 square foot business park,
and six acres of retail space with all access provided by an extension of Campus Parkway
to the north of SW Old Clifton Road (Road 6). The analysis concludes that development
of the proposed plat would result in a total new trip generation of 14,740 and 1,421
Weekday PM peak hour trips. The TIA recommended various mitigation conditions
involving traffic signals and turn lanes on intersections with SW Old Clifton Road and
shoulder improvements to Sunnyslope Road. The current proposal would provide
additional access from Feigley Road. Exhibit LG, Sheet 3-S; Exhibit LM,• Exhibit 12,
Environmental Checklist, page IL
18. A separate Development Agreement between OEM I, LLC and Kitsap County was
approved on April 25, 2005, for transportation improvements required for the
development of the ULID 06 Sub -Area in Kitsap County. There is no public transit
serving the site. Exhibit LF; Exhibit LK page 10; Exhibit I.M.
19. Goldsmith Land Development Services prepared a parking plan that identifies 162 garage
spaces, 162 driveway spaces, and 62 street designated parking spaces for the residential
development. Mr. Bonsell testified that the proposed parking plan meets City code
requirements. Exhibit 1.0; Exhibit 20, Staff Report, page 9; Testimony of Mr. Bonsell.
Critical Areas
20. The western portion of the site slopes toward a ravine containing Un-named Creek
Tributary 0215. The ravine begins on -site in the north portion of the R20 Zone, turns
northeasterly off -site and returns on -site to the north boundary of the plat. The ravine
D The draft Development Agreement provides:
(1) Roads l through 5 shall have 6 foot wide sidewalks in accordance with WSDOT Standard
Plans. Road 1 shall include a center turn lane between Roads 5 and 6.
(2) Roads 2-4 are intended to provide ingress/egress to the R20 zone (High density residential)
parcels. The roads shall include curb, gutter, 6 foot sidewalks on both sides, 7 foot parking
lane on one side, and 11 foot drive lanes, as depicted in Appendix E and Appendix F.
(3) Road 5 is intended to provided ingresslegress to the Eo Zone (employment — industrial and
office) parcels. The road shall include curb, gutter, 6 foot sidewalks both sides, 12 foot center
turn lane, and 1 I foot drive lanes, as depicted in Appendix E.
(4) Road 6 is intended to provide ingress/egress to the Eo Zone (employment — industrial and
office) parcels. In addition to the median or 12 foot wide center turn lane, two l 1 foot wide
drive lanes, and 6 foot sidewalks on both sides, as depicted in Appendix E, Road 6 shall also
include covered stormwaler conveyance with thickened edge, and a cul-de-sac installed to
City standards at the north terminus of the roadway.
Exhibit 25, Draft Development Agreement, Section 3.e.
Findings, Conclusions, and Decision
City of Port Orchard Hearing Examiner
McCormick North Phase III, Preliminary Plat, No. SUBDIV 10-01
Page 10 of 23
contains slopes of approximately 30 percent or greater and has been set aside in an open
space tract that includes critical areas and associated buffers. The ravine encompasses
the western boundary of the Eo zone. Exhibit 1.G, Sheet 2; Exhibit I.Q, page 4-1;
Exhibit 20, Staff Report, page 3.
21. GeoEngineers Inc. prepared a Wetland and Stream Delineation Report (WSDR) for the
Applicant dated December 2, 2008. The WSDR was prepared under the Kitsap County
Critical Areas Ordinance. A 8,539 square foot Category III wetland, Wetland A, was
identified approximately 300 feet north of SW Clifton Road and 750 feet cast of Feigley
Road SW. A buffer width of 80 feet is required under the Kitsap County Code.
Development for the proposed project would occur within 200 feet of the wetland.
Anderson Creek and Wetland P, with a 100 foot wide buffer, are located along the
eastern boundary of the site in Tract OS-4. These critical areas were previously
delineated, reviewed and approved as part of the McCormick North Phase I Preliminary
Plat and Master Plan. Exhibit I.G, Sheet 2, note 11; Exhibit 1.G, Sheet 3; Exhibit I.G,
Sheet 3-S; Exhibit LK, page 4; Exhibit I.L.
22. The WSDR identified two segments of a stream (Un-named Creek Tributary 0215) on
site. The stream originates in the southwestern portion of the site and is oriented
southwest to northeast. It discharges into Sinclair Inlet approximately one mile north of
the site. The southern segment of Stream 1 is classified a Type Ns system and is
approximately one to two feet wide and 705 feet in length. The southern segment
originates on -site within parcel 052301-4-017-2006 and flows north. A 50-foot wide
stream buffer perpendicular from the OHWM is required. The northern segment of
Stream 1 is classified a Type F system and is approximately two to four feet wide and
996 feet in length. This stream segment enters the site from the west and flows along the
bottom of a ravine, approximately 80 to 100 feet deep. A 150-foot wide buffer
perpendicular to the OHWM or 25 feet beyond the top of the ravine, whichever is greater,
is required. Development for the proposed project would occur within 200 feet of the
stream. The Applicant would install split rail fencing adjacent to wetland/stream buffers
and screening buffers on Tracts 9 —17 and Lots 1 - 58. Exhibit LK, page 4; Exhibit LL,
pages 7 and 8; Exhibit 20, StaffReport, page 13.
Drainage and Stormwater
23. Goldsmith Land Development Services prepared a preliminary Drainage Control Plan
and Level One Downstream Analysis for the Applicant dated October 2009. The analysis
identified three drainage basins on site. The northwest portion of the site, 4.1 acres,
drains within the Bailey Creek Basin (EW-1 Basin). The mid -section of the site, 69.8
acres, includes Un-named Creek Trib. 0215 in the UNC Basin. This basin includes
Wetland A, a Category III wetland, and a Type Ns Stream in the middle of the R-20 Zone
in two proposed open space tracts (OS-1 and OS-2). To the north, the area drains
westerly to Un-named Creek Trib. 0215, a Type F stream in a proposed open space tract
(OS-3) that drains north to Sinclair Inlet. The easterly 55-acre portion of the site is
Findings, Conclusions, and Decision
City of Port Orchard Hearing Examiner
McCormick North Phase III, Preliminary Plat, No. SUBDIV 10-01
Page 11 of23
located in the Anderson Creek Basin. This area sheet flows east to Wetland P and
towards the West Fork of Anderson Creek, which drains north to Sinclair Inlet. Exhibit
1.Q, pages 4-1 and 6-1 to 6-3.
24. The Goldsmith analysis includes a preliminary erosion and sedimentation control plan to
reduce and prevent adverse impacts from the transport of sediment to streams, wetlands,
and adjacent property. Implementation requirements utilizing Best Management
Practices (BMPs) including clearing limits; cover measures; perimeter protection; traffic
area stabilization; surface water control; and sediment retention are detailed in Section 8,
of Exhibit I.Q. Exhibit ].Q, Section 8.
25. Three stormwater facilities would be constructed as part of the proposed stormwater
control plan. One stormwater facility would be constructed within the Un-Named Creek
Basin in Tract RD-1 in the north central portion of the R20 zone. For assessment
purposes, the Goldsmith analysis assumes 85 percent impervious area in the 45.3 acre
drainage basin (including 4.1 acres diverted from the Bailey Creek Basin). A second
stormwater facility would be constructed within the Anderson Creek Basin in Tract RD-3
in the northeast comer of the site just east of Road 6. The plan and analysis assumes 85
percent impervious area in the 41.8 acre drainage basin (including 12.8 acres diverted
from the UNC basin). A third smaller stormwater facility, also in the Anderson Creek
Basin would be located in Tract RD-2 in the southeast comer of the site. All
detention/retention facilities would be buffered with vegetation so as not to be visible
from public right-of-ways. A homeowners association would be responsible for
maintenance of the storm drainage facilities following construction. Exhibit LG, Sheet 4-
S and 4-N,• Exhibit 1. Q, pages 1-2 and 7-2 to 7-3; Exhibit 20, Staff Report, pages 13 and
16; Exhibit 24, page 3.
Tree Retention
26. The site was previously logged and is now re -forested with a mix of deciduous trees,
evergreen trees and scrub -shrub plant communities. City code defines a significant tree
as an existing tree that (1) is healthy with a diameter at breast height (DBI I) of 18 inches
or more with adequate live crown for tree vigor and aesthetics; (2) any tree identified as
providing wildlife habitat for threatened or endangered species; or (3) any tree of
historical or cultural significance as defined within the City Comprehensive Plan. POMC
16.08.712. City code provides that significant trees shall be retained in all zones within
any required buffer area or required landscape planting area to the extent practical and
feasible. POMC 16.50.180. The City code provides incentives to retain significant trees.
When the required number of significant trees cannot be retained, the code calls for
replacement. POMC 16.50.190,-.200,- .210,- .220. Kitsap County, in contrast, requires
that a certain percentage of a site be retained as open space in which existing vegetation
is protected. The draft Development Agreement provides that in order to accommodate
the project as designed to Kitsap County standards prior to annexation, development on
lots within McCormick North Phase III shall be exempt from the provisions of the Port
Findings, Conclusions, and Decision
City of Port Orchard Hearing Examiner
McCormick North Phase 111, Preliminary Plat, No. SUBDIV 10-01
Page 12 of23
Orchard significant tree retention regulations (PMC 16.50.180 through 16.50.220, as now
or hereafter amended) for a period of fifteen years from the date of final plat approval.
Exhibit 25, Draft Development Agreement, Section 3.b.
Open Space
27. Two different types of open space are proposed. Open Space Tracts (OS-1 through 4)
include critical areas and associated buffers. Common Open Space Tracts (COS-1
through 14) are areas provided as "green spaces" within or adjacent to developable areas
and provide visual separators between lots, rights -of -way and land uses. The draft
Development Agreement proposes the conveyance of land east of Road 6 to the City for
inclusion into the regional McCormick Village Park. Exhibit I.F Exhibit I.G, Sheet 3;
Exhibit 20, StaffReport, page 12; Exhibit 23, "Exhibit 1; " Exhibit 25, page 7.
Water and Sewage
28. The City of Bremerton Public Works & Utilities issued a conditional water availability
letter for the McCormick Woods North Phase 3 on August 20, 2009. Development of the
proposed project and connection to the utility system must be completed in accordance
with the City of Bremerton Department of Utilities Development and Construction
Standards, APWA/DOT Specifications, AWWA Standards, and Title 15 of the
Bremerton Municipal Code. The City of Port Orchard, Public Works Department issued
a letter of sewer capacity available to serve 255-459 dwelling units proposed for the
preliminary plat on May 8, 2009. Exhibit 1.F; Exhibit I.J; Exhibit I.N.
Fire Prevention
29. The South Kitsap Fire & Rescue Prevention Office reviewed project plans dated received
March 16, 2010. Greg Rogers, Fire Prevention Manager sent a memo to the City dated
March 18, 2010, providing proposed conditions including minimum fire flow of 1,000
gallons per minute; access road grade limitations and width requirements; minimum
access road turning radius. Exhibit 4; Exhibit 20, Staff Report, pages 14 and 15.
Schools
30. Tom O'Brien, Director, Facilities and Operations for the South Kitsap School District
#402, provided comments to the City via email on the Notice of Application and SEPA
Threshold Determination. The District stated that it intends to build a second high school
and new elementary school on district property located on the west side of Feigley Road
SW, across from the proposed subdivision. Until that time, students in the preliminary
plat would be transported by school bus to Sunnyslope Elementary School, Cedar
Heights Junior High School and South Kitsap High School. The District requested
pedestrian circulation within the proposed plat, a provision for a school bus stop, and a
future crosswalk at the intersection of Feigley Road and Road 1. Mr. Bonsell testified
that these concerns have been addressed as part of the MDNS SEPA conditions. The
Applicant would pay school impact fees prior to the issuance of building permits for
Findings, Conclusions, and Decision
City of Port Orchard Hearing Examiner
McCormick North Phase Ill, Preliminary Plat, No. SUBDIV 10-01
Page 13 of23
residential dwelling units. Exhibit 9; Exhibit 13; Exhibit 20, Staff Report, page 14;
Testimony of Mr. Bonsell.
Staff Recommendation and Conditions
31. City staff reviewed the preliminary plat application and found the proposal consistent
with the City's Comprehensive Plan, the City Code, including POMC 16.13.111, - .141, -
.161, -.171; POMC 16.108; POMC 16.40.010, -.025; POMC 16.45.010; POMC
16.50,190; POMC 16.55.020,-.030(1); and Title 14 POMC, and all other applicable City
and State regulations except where modified by the Development Agreement, and
recommended approval with conditions.t t Exhibit 20, Staff Report, pages 3, 4, 11 and
17; Exhibit 25; Testimony of Mr. Weaver.
CONCLUSIONS
Jurisdiction
The City of Port Orchard Hearing Examiner has authority to conduct an open record hearing on a
preliminary plat application, and to grant, modify and grant, or deny the application based on
evidence in the record. Port Orchard Municipal Code (POMC) 2.76.080; POMC 2.76.110;
POMC 16 01.02](3).
Criteria for Review
The Hearing Examiner reviews the preliminary plat for consistency with City Code, Chapter
58.17 RCW and the draft Development Agreement (Exhibits 22, 23 and 25).
The Port Orchard Municipal Code (POMC) provides that whenever any subdivision of land is
proposed, the subdividing owner or his or her authorized agent shall apply for and secure
approval of the proposed subdivision in accord with the standards and procedures set forth in
POMC Chapter 16.72. POMC 16.72.060. Chapter 16.72 POMC contains specific requirements
for preliminary plat application submittal; payment of an application filing fee; preparation of a
report by City staff to accompany the application; consideration of the application at an open
record public hearing conducted by the Hearing Examiner; and preparation of written findings,
legal conclusions, and a decision on the application by the Hearing Examiner after the close of
the public hearing. POMC 16.72.140, .160, .180, .190, .200.
In addition, RCW 58.17.110(1) provides that a proposed subdivision shall not be approved
unless appropriate provisions are made for the public health, safety, and general welfare and for
such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable
u At the hearing, the City and the Applicant agreed to changes to preliminary plat conditions Nos. 2, 8, 11, 12, 19,
23, 25, 34, 36, 41, 44, and 52. Mr. Skrobut testified that the Applicant agreed with these changes except for
condition No. 19. Exhibit 21; Exhibit 24; Testimony of Mr. Skrobut. The Applicant proposed amending Condition
No. 19 to state that all conditions must be consistent with City final plat requirements. The City did not agree to this
proposed change, as a conflict could be created between what the condition states and what the code says.
Testimony of Mr. Skrobut; Testimony of Mr. Bonsell. Agreed -upon changes are made in the conditions of approval.
Condition 19 is left as it was originally drafted.
Findings, Conclusions and Decision
City of Port Orchard Hearing Examiner
McCormick North Phase 111, Preliminary Plat, No. SUBDIV 10-01
Page 14 of 23
water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds
and all other relevant facts, including sidewalks and other planning features that assure safe
walking conditions for students who only walk to and from school; and the public interest will be
served by the platting of such subdivision and dedication.
Revised Code of Washington (RCW) 36.70B.170(1) provides:
A local government may enter into a development agreement with a person
having ownership or control of real property within its jurisdiction. A city may
enter into a development agreement for real property outside its boundaries as part
of a proposed annexation or a service agreement. A development agreement must
set forth the development standards12 and other provisions that shall apply to and
govern and vest the development, use, and mitigation of the development of the
real property for the duration specified in the agreement. A development
agreement shall be consistent with applicable development regulations adopted by
a local government planning under chapter 36.70A RCW.
RCW 36.70B.170(I).
Conclusions
1. With conditions, the proposed plat complies with Port Orchard Municipal Code
Chapter 16.72. The preliminary plat application was submitted on March 11, 2010. The
proposed 129 acre plat would feature 159 single-family lots and two future development
tracts for a combined total density range of 255-459 units. These would be developed on
a gross developable area of approximately 39 acres (approximately 26 acres of net
developable area) for a development density below the maximum 20 dwelling units per
acre. The plat would also include 18 lots for commercial development and a lot for
12 RCW 36.70B.170(3) provides: For the purposes of this section, "development standards" includes, but is not
limited to:
(a) Project elements such as permitted uses, residential densities, and nonresidential densities and
intensities or building sizes;
(b) The amount and payment of impact fees imposed or agreed to in accordance with any applicable
provisions of state law, any reimbursement provisions, other financial contributions by the
property owner, inspection fees, or dedications;
(c) Mitigation measures, development conditions, and other requirements under chapter 43.21C
RCW;
(d) Design standards such as maximum heights, setbacks, drainage and water quality requirements,
landscaping, and other development features;
(e) Affordable housing;
(f) Parks and open space preservation;
(g) Phasing;
(h) Review procedures and standards for implementing decisions;
(i) A build -out or vesting period for applicable standards; and
0) Any other appropriate development requirement or procedure.
Findings, Conclusions, and Decision
City of Port Orchard Hearing Examiner
McCormick North Phase 111, Preliminary Plat, No. SUBDIV 10-01
Page 15 of23
mixed use future development. The site contains critical areas including wetlands and
streams with buffers that would be protected in open space tracts. The City reviewed the
proposal for environmental impacts, and determined that with SEPA conditions, the
proposed plat would not result in probable significant adverse environmental impacts.
The City staff prepared a Staff Report and reviewed the proposed plat and draft
Development Agreement and recommended approval with conditions. Findings 1-31.
2. With conditions, the proposed plat would comply with the approval criteria
provided in RCW 58.17.110. The proposed plat would provide residential housing and
future commercial and mixed use development. The preliminary plat includes open
space and critical areas tracts that would protect wetlands, streams and buffers. Tree
retention would be governed by the Development Agreement. The Applicant would
provide water quality treatment as required by the most current City of Port Orchard
Stormwater Manual. Three stormwater detention/retention facilities would be constructed
to control stormwater runoff. The Applicant would construct half -street improvements to
SW Old Clifton Road and construct all internal roads serving the plat or providing access
to the plat to the City's road development standards as modified by a Development
Agreement approved by the City Council. Adequate parking would be provided through
both off-street and on -street parking. The internal roads would provide sidewalks for
pedestrian use. School buses would transport students to neighboring schools. Critical
areas including streams, wetlands and buffers would be protected in open space tracts.
The City of Bremerton Public Works & Utilities would provide water and the City has
sewer capacity for the proposed project. The Applicant would convey to the City an area
east of proposed Road 6 for inclusion into the regional McCormick Village Park. The
Applicant would pay school mitigation fees. Conditions are necessary including those to
ensure that critical areas and buffers are protected; that stormwater quantity control,
quality treatment, and erosion and sedimentation control is designed in accordance with
the most current City of Port Orchard Stormwater Manual (as modified by a
Development Agreement approved by the City Council). Findings 4-31.
3. With conditions, the proposed plat would comply with the draft Development
Agreement which specifies the standards that apply to the development. The draft
Development Agreement includes some changes from City Code that would otherwise
govern the preliminary plat. These changes include minimum residential lot size; tree
retention; stormwater control standards; building heights; road cross sections; critical
areas; zoning and uses; and dedication of additional open space. Conditions are
necessary including those to ensure that critical areas and buffers are protected; that
stormwater quantity control, quality treatment, and erosion and sedimentation control is
designed in accordance with the most current City of Port Orchard Stormwater Manual
(as modified by a Development Agreement approved by the City Council). If the draft
Development Agreement is approved by the City Council, the Development Agreement
standards would modify existing City Code land use and zoning requirements. If the
Findings, Conclusions, and Decision
City of Port Orchard Hearing Examiner
McCormick North Phase III, Preliminary Plat, No. SUBDIV 1 tI-01
Page 16 of23
Development Agreement is not approved by the City Council, this preliminary plat would
not be approved. Findings 11, 12, 13 and 31.
DECISION
Based on the above findings and conclusions, the request for a preliminary plat to subdivide 129
acres into 159 single-family units with two future development lots; a mixed use future
development tract; 18 future commercial development lots; open space, common open space,
utility, and stormwater tracts on a site bounded by Feigley Road SW on the west and SW Old
Clifton Road to the south with unincorporated Kitsap County to the north and the McCormick
North Phase I Preliminary Plat to the east within Port Orchard, Washington is APPROVED,
contingent upon City Council approval of the draft Development Agreement," with the
following conditions:14
SEPA Mitigations from MDNS:
1. Prior to issuance of any City of Port Orchard construction permit(s), a construction
stormwater general permit must be obtained from the Department of Ecology for any
land disturbance one acre (43,560 square feet) or more through clearing, grading,
excavating, or stockpiling of fill material either in a single or multiphase project.
Department of Ecology permit information may be obtained at:
http://www.ecy.wa.gov/programs/wa/stormwater/construction/
2. All development must conform to the current Stormwater Manual for Water
Quality/Quantity Mitigation approved at vested preliminary plat application, or as
modified by the Development Agreement dated October 6, 2010.
Owner shall submit a Declaration of Covenant Associated with Maintenance & Operation
of Storm Drainage Facilities prior to issuance of any construction permits.
4. Owner shall submit a Declaration of Covenant Associated with Performance of Erosion
and Sediment Control Facilities prior to issuance of any construction permits.
5. All lots shall access from interior roads only.
6. No owner may obstruct or re -channel the drainage flows after location and installation of
drainage swales, storm water or storm drains. It is expressly understood that any
" This contingent and conditional approval of the preliminary plat application will become a final decision on the
date of approval of the draft Development Agreement by the City Council. if the draft Development Agreement is
not approved by the City Council, the contingent approval of the preliminary plat is void.
" Conditions include both legal requirements applicable to all developments and conditions to mitigate the specific
impacts of this development.
Findings, Conclusions, and Decision
City of Part Orchard Hearing Examiner
McCormick North Phase III, Preliminary Plat, No, SUBDIV 10-oi
Page 17 of 23
alteration of the water flows shall be completed only after approval by the City of Port
Orchard Public Works Department.
7. Applicant shall comply with all conditions of the associated Development Agreement.
S. All detention/retention facilities shall be buffered adjacent to public right of ways with
vegetation so not to be visible from public right of ways. Buffering plans shall be shown
on the landscape plan submitted with the SDAP and shall conform to POMC 16.50.296,
Roadway Corridors -Parkways (filtered screening).
9. All roads internally serving the plat or providing external access to and from the City's
public roadways shall be constructed in accordance with the City's adopted road
development standards, Resolution 1971; and shall at a minimum be constructed to the
standard of an Access Road, unless modified by approval by the City Council of a
development agreement. Prior to final plat approval, the Applicant shall submit road
names for the interior roads to the City for review and approval.
10. Prior to issuance of the required SDAP or clearing and grading permits, the Applicant is
required to contact the Department of Natural Resources (DNR) to determine if a Forest
Practice Application (FPA) permit is required. If an FPA is required, no clearing or
grading is permitted until the DNR has issued the FPA.
11. Prior to commencement of clearing and grubbing activities within Tracts 9-15 and Lots
1-21, the Applicant shall place orange construction fencing and/or silt fencing adjacent to
the wetland/stream buffer, native vegetative screening buffers or at the edge of soil
disturbance on Tracts 9-17 and on Lots 1-58.
12. The Applicant shall install split rail fencing or 6' high wood fencing adjacent to
wetland/stream buffers and common open space tracts on Tracts 9-17 and Lots 1-58. On
Tracts 11-15 and Lots 1-21, wetland/critical area informational signs shall be placed at
intervals of not less than 100 feet.
13. Subsequent phase final plats will be evaluated for project specific SEPA threshold
determinations and may require new SEPA threshold determinations prior to SDAP
approvals.
14. On street parking on the east side of Road 6 shall be included, depicted, and provided as
an engineered alternative for the associated Development Agreement.
15. Continuous and clearly marked pedestrian access shall be provided within the project and
through the site, connecting with adjacent parcels, public rights -of -way, and existing
pedestrian networks.
Findings, Conclusions, and Decision
City of Port Orchard Hearing Examiner
McCormick North Phase lll, Preliminary Plat, No. SUBDIV 10-01
Page 18 of 23
16. Parcels within the project and Future Development Tracts FD-1, FD-2, RD-1, and MXD-
1 shall require land use approval for further subdivision pursuant to Port Orchard
Municipal Code Title 16.
17. Final construction drawings shall show Road No. 1 connecting to the pavement of
Feigley Road. In addition, where Road No. 1 crosses the pedestrian path on the east side
of Feigley Road, the path shall be well marked with raised paving or texturing material
and cautionary signs visible to pedestrians and bicyclers utilizing the pathway.
18. That Applicant shall work in conjunction with the South Kitsap Schools to ensure
adequate provisions are made student waiting areas for school bus pick-up, particularly at
the Road l/Feigley Road intersection.
Zoning
19. All conditions identified by City Departments and other agencies and conditions as
modified by approval of a City Council development agreement, must be met prior to
final plat approval.
20. Prior to issuance of building permits for residential dwelling units, school impact fees
shall be paid in conformance with the requirements of POMC 16.70.160.
21. The Applicant, with SDAP submittal documents, shall submit landscape plans in
conformance with POMC Chapter 16,50.
22. All future single-family residence constructed within this subdivision shall meet the
dimensional bulk zoning requirements in effect at the time of building permit submittal,
unless modified by approval by the City Council of a Development Agreement.
23. All roads internally serving the plat or providing external access to and from the City's
public roadways shall be constructed in accordance with the City's adopted road
development standards, Resolution 1971; and shall at a minimum be constructed to the
standard of an Access Road. This condition may be modified by approval by the City
Council of the Development Agreement. Prior to final plat approval, the Applicant shall
submit road names for the interior roads to the City for review and approval. It shall
remain the sole responsibility expense of the Applicant to acquire the necessary
easements and/or legal authority to use off -site private roadways and to construct all
necessary improvements to bring them into compliance with the City's road standards,
except as modified by approval by the City Council of the Development Agreement.
24. Vehicular access to residential lots shall have only one access point and shall access from
interior streets only.
25. [Deleted]
Findings, Conclusions, and Decision
City ofPort Orchard Hearing Examiner
McCormick North Phase 111, Preliminary Plat, No. SUBDIV 10-01
Page 19 of23
Fire Prevention
26. A minimum fire flow of 1,000 gallons per minute, measured at a residual pressure of 20
p.s.i., is required for one- and two-family dwellings not exceeding 3,600 gross square
feet. All other buildings (including larger one- and two-family dwellings) require a
minimum fire flow of 1,500 gallons per minute and may require more depending on
building size and type of construction as per the International Fire Code. No fire
hydrants or location were indicated on the plans, fire hydrant locations shall be approved
by the Fire District's Fire Prevention Office before any permits are approved for this site.
27. Hydraulic calculations or an on -Site fire flow test conducted shall be provided to the Fire
District showing that adequate fine flow can be severed. This information will need to be
provided and approved by the Fire District before the District can approve any building
permits.
28. Fire department access must consist of the following:
a. The access road shall not exceed a 12% grade.
b. The unobstructed width of a fire apparatus access road shall be not less than 20
feet.
c. All dead-end fie apparatus access roads in excess of 150 feet in length shall be
provided with approved provisions or the turning around of fire apparatus.
d. The turning radius of a fire apparatus access road shall be a minimum of 35 feet
inside diameter and 48 feet outside diameter.
29. Fire apparatus access roads shall also meet the requirements of the City of Port Orchard
Fire Code Appendix D.
30. Should a Private Road serve more than two dwellings per the City of Port Orchard Fire
Code, the new dwelling units will be required to be provided with a fire sprinkler system
in all houses built. This requirement needs to be indicated and recorded on the Plat and
plans.
31. Before construction may begin on any lot, fire department vehicle access must be
provided in addition to the fire hydrants meeting the required fie flow. Access roads
shall be provided for all structures more than 150 feet from a public access road. Access
roads shall be a minimum of 20 feet in unobstructed width, be designed and maintained
to support the imposed loads of fire apparatus (45,000 pounds) and must have a surface
that provides all-weather driving capabilities.
Public Works Conditions
General
32. Construction plans and profiles for all roads, storm drainage facilities and appurtenances
prepared by the developer's engineer shall be submitted to City of Port Orchard for
Findings, Conclusions, and Decision
City of Port Orchard Nearing Examiner
McCormick North Phase 117, Preliminary Plat, No. SUBDIV 10-01
Page 20 of 23
review and acceptance. No construction shall be started prior to plan acceptance.
33. Approval of the preliminary plat shall not be construed to mean approval of the total
number of lots or configuration of the lots and tracts. These parameters may be required
to be revised for the final design to meet all requirements of City of Port Orchard
Municipal Code.
34. Prior to approval of the construction plans, if needed all off site easements must be
recorded and submitted to the City.
Stormwater
35. The information provided demonstrates this proposal is a Major Development as defined
in the City of Port Orchard Developer's Handbook at completion of application, and as
such will require a Stormwater Permit from Public Works.
36. Stormwater quantity control, quality treatment, and erosion and sedimentation control
shall be designed in accordance with the most current City of Port Orchard Stormwater
Manual. The submittal documents shall be prepared by a civil engineer licensed in the
State of Washington. The fees and submittal requirements shall be in accordance with
City of Port Orchard Ordinances in effect at the time of application or as modified by the
Development Agreement dated October 6, 2010.
37. The Washington State Department of Fish and Wildlife (WDFW) may require a
Hydraulic Project Approval. The proponent is responsible to comply with all
requirements set forth by WDFW.
38. The project proponent shall be responsible for installing any necessary off -site
downstream drainage improvements as identified within the downstream capacity
analysis. Procurement of any permits and/or easements necessary to install said off -site
improvements shall be the responsibility of the project proponent. As indicated above,
prior to approval of the construction plat, all easements must be recorded and submitted
to the City.
39. The site plan indicates that greater than 1 acre will be disturbed during construction. This
threshold requires a National Pollutant Discharge Elimination System (NPDES)
Stormwater Construction permit from the State Department of Ecology. More
information about this permit can be found at:
http://www.ecy.wa.gov/programs/wq/stormwater/construction/ or by calling Josh Klimek
at 360-407-7451, email jokl461Qecy.wa.gov. This permit is required prior to issuance of
the Stormwater Permit.
40. Per WAC 173-175, the construction of pond berms that will impound a volume of ten
acre-feet or more of water requires review and approval by the Department of Ecology.
Findings, Conclusions, and Decision
City of Port Orchard Hearing Examiner
McCormick North Phase 1I1, Preliminary Plat, No. SUBDIV 10-01
Page21 of23
This approval must be completed prior to issuance of the Stormwater Permit.
41. The owner or homeowners association (HOA) shall be responsible for maintenance of the
storm drainage facilities constructed in tract RD-1 for this development following
construction. Before issuance of Occupancy Permits for this development, the person or
persons holding title to the subject property for which the storm drainage facilities was
required shall record a Declaration of Covenant Associated with Maintenance and
Operation of Storm Drainage Facilities that guarantees the City that the system will be
properly maintained. Wording must be included in the covenant that will allow the City
to inspect the system and perform the necessary maintenance in the event the system is
not performing properly. This would be done only after notifying the owner or HOA and
giving him/them a reasonable time to do the necessary work. Should City forces be
required to do the work, the owner or HOA will be billed at the current City rates. This
Public Works is required unless modified by the concurrently processed Development
Agreement.
42. City of Port Orchard will not be responsible for any damage to any private roads, tracts,
and/or easement areas that may occur during routine maintenance activities and that in
City of Port Orchard's judgment occur, in whole or in part, because of any construction
materials or techniques, or any maintenance materials or techniques. This includes, but is
not limited to, damage to pavement or vegetated areas caused by maintenance trucks.
Traffic and Roads
43. Roads shall not exceed 12% grade.
44. Horizontal curves for public roads shall have minimum 181 foot centerline radii as
outlined by the American Association of State Highway and Transportation Officials or
as specified in the Kitsap County Road Standards (2007) and per designs enforced by the
Development Agreement for McCormick North Ph. III. (Exhibits 22, 23 and 25, modified
by Exhibit 1 G, Sheet 4). Development Agreement for road standards shall prevail as
standard, subject to approval by the City Engineer.
45. Construction of handicap access facilities within existing or proposed City right-of-way
shall conform to the requirements of the Americans with Disabilities Act.
46. All lots shall access from interior roads only. This note shall appear on the face of the
final plat map.
47. Wheelchair ramps shall be provided on both sides of the site approach. Include on the
plan set curb ramp details that meet the requirements of the Americans with Disabilities
Act per WSDOT Standard Plan F-40, as applicable, cement concrete sidewalk and
approach details.
Findings, Conclusions, and Decision
City of Port Orchard Hearing Examiner
McCormick North Phase 111, Preliminory Plat, No. SUBDIV 10-01
Page 22 of 23
48. Any required sidewalk shall be constructed prior to roadway paving. This note shall
appear on the face of the final construction drawings.
49. The developer's engineer shall certify that there is adequate entering sight distance at the
intersection of Old Clifton and Road 6, as well as Feigley and Road 1. Such certification
shall note the minimum required sight distance, the actual sight distance provided, and a
sight distance diagram showing the intersection geometry drawn to scale, topographic
and landscaping features, and the sight triangle. The sight distance shall meet the
requirements of the City of Port Orchard Road Standards. The certification shall also
note necessary measures to correct and maintain the minimum sight triangle.
50. All work, equipment & materials for traffic signal and street lighting installations shall
meet and be in compliance with all requirements of the City of Port Orchard Road
Standards, Project Contract Provisions of Plans and Specifications accepted for
construction by City of Port Orchard, MUTCD Manual on Uniform Traffic Control
Devices, NEMA National Electrical Manufacturer's Association, NEC National
Electrical Code, WSDOT Standard Specifications & Standard Plans, and the
Occupational Safety & Health Administration (OSHA).
51. Any work within the City right-of-way shall require a permit to perform work on City
right-of-way and possibly a maintenance or performance bond. This application to
perform work in the right-of-way shall be submitted separately. The need for and scope
of bonding will be determined at that time.
52. In lieu of half street improvements along (Old Clifton), including, but not limited to
paving, curbs, gutters, and sidewalks, the Applicant shall dedicate 25 feet of right-of-way
adjacent to Old Clifton road and shall create a clear and connected east west non
motorized bicycle and pedestrian path internal to the preliminary plat adjacent to Road 1,
as detailed in Exhibit 23, Appendix D.
53. Per Port Orchard Municipal Code Section 16.55.030, dead end streets shall end in cul-de-
sacs.
Sewer
54. All sanitary sewer system improvements shall comply with City of Port Orchard
Standards.
Decided this 0 day of October 2010.
THEODORE PAUL HUNTER
Hearing Examiner
Sound Law Center
Findings, Conclusions, and Decision
City of Port Orchard Hearing Examiner
McCormick North Phase 111, Preliminary Plat, No. SUBDIV 10-01
Page 23 of 23
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(36o) 876-4407 0 FAX (36o) 895-9029
Agenda Staff Report
Agenda Item No. Business Item
Subject: Approval of Contract No. o66-1o,
Relating to an Interagency Agreement
For Transfer Development Rights
(TDR) Grant Program with the
Department of Commerce
Meeting Date: November 9, 2010
Prepared by: James R Weaver
Development Director
Atty Routing No: 131-10
Atty Review Date: November 2, 2010
Summary: The Port Orchard Planning Department was awarded by the Washington State
Department of Commerce, a $97,000 planning grant to study a potential Transfer of Development
Rights (TDR) Program. A prerequisite for the completion of the grant agreement is an Interlocal
Agreement, directing the Port Orchard Planning Department to pursue and analyze a potential
TDR program as part of the 2011 Department work program. The attached resolution has been
reviewed by the City Attorney for an Interagency Agreement with the Department of Commerce in
establishing the scope of work and deliverables for a TDR grant submitted in combination with a
subsequent signed grant agreement.
Recommendation: Approval of Contract No. o66-1o, for an Interagency Agreement regarding
Planning Department preparation of a potential TDR Program in 2011.
Motion for consideration: I move to approve Contract No. o66-1o, for an Interagency Agreement
regarding Planning Department preparation of a potential Transfer Development Rights (TDR)
Grant Program with the Department of Commerce.
Fiscal Impact: None.
Alternatives: None.
Attachments: Contract No. o66-10
Interagency Agreement for TDR Program Grant
0 Department of Commerce
Innovation is in our nature.
Interagency Agreement with
City of Port Orchard
through
Department of Commerce
Growth Management Services
For Port Orchard TDR Project Grant: Develop a transfer of development
rights (TDR) program that establishes a TDR receiving area in the
downtown area.
Start date: January 1, 2011
Washington State Department of Commerce
www.COMMERCE.wa.gov
TABLE OF CONTENTS
Special Terms and Conditions........................................................................................
1
FaceSheet............................................................................................................1
1. Acknowledgement of EPA Funding..........................................................
2
2. Agreement Management.........................................................................
2
3. Compensation.........................................................................................
2
4. Quarterly Reports........................................................................2
5. Final Report ................................................................................2
6. Quarterly Meetings of Contractors...................................................3
7. Billing Procedures and Payment..............................................................
3
8. Insurance ................................................................................................
3
9. Order of Precedence ...............................................................................
5
General Terms and Conditions....................................................................................... 6
1.
Definitions................................................................................................6
2.
All Writings Contained Herein..................................................................
6
3.
Amendments...........................................................................................
6
4.
Assignment..............................................................................................6
5.
Audit........................................................................................................6
6.
Certification Regarding Debarment, Suspension or Ineligibility or
Ineligibility and Voluntary Exclusion.........................................................
8
7.
Confidentiality/Safeguarding of Information ..............................................
9
8.
Copyright Provisions................................................................................
9
9.
Disputes................................................................................................
10
10.
Ethics/Conflicts of Interest.....................................................................
10
11.
Governing Law and Venue....................................................................
10
12.
Indemnification ......................................................................................
10
13.
Independent Capacity of the Contractor .................................................
11
14.
Laws......................................................................................................
11
15.
Noncompliance With Nondiscrimination Laws ........................................
14
16.
Disadvantaged Business Enterprise Requirements
17.
Political Activities...................................................................................
15
18.
Procurement Standards for Federally Funded Programs .......................
15
19.
Payment to Consultants...............................................................16
20.
Recapture..............................................................................................16
21.
Records Maintenance ............................................................................
16
22.
Savings..................................................................................................16
23.
Severability............................................................................................16
24.
Subcontracting.......................................................................................17
25.
Survival..................................................................................................17
26.
Termination for Cause/Suspension........................................................
17
27.
Termination for Convenience .................................................................
17
28.
Termination Procedures.........................................................................
18
29.
Waiver...................................................................................................
18
Attachment A, Scope of Work
Attachment B, Budget
FACE SHEET
Agreement Number: Tll-63500-006
Washington State Department of Commerce
Local Government and Infrastructure Division
Growth Management Services
Transfer of Development Rights Program
1. Contractor
2. Contractor Doing Business As (optional)
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
3. Contractor Representative
4. COMMERCE Representative
James Weaver
Heather Ballash P.O. Box 42525
City Development Director
Transfer of Development Rights 1011 Plum Street SE
(360) 876-4991
Program Manager Olympia, WA 98504-2525
jweaver@ci.port-orchard.wa.us
(360) 725-3044
(360)664-3123
Heather.Ballash@commerce.wa.gov
5. Agreement Amount
6. Funding Source
7. Start Date
8. End Date
$97,000
Federal: X State: ❑ Other: ❑ N/A: ❑
January 1, 2011
December 31, 2012
9. Federal Funds (as applicable) Federal Aeencv CFDA Number
$97,000 U.S. Environmental Protection Agency 66.120
10.Tax ID#
11.SWV#
12.UBI#
13.DUNS #
91-6001487
N/A
182 000 005 000
0819327900000
14. Agreement Purpose
The City will develop a transfer of development rights (TDR) program that establishes a TDR receiving area in the downtown area
and will develop an interlocal agreement with Kitsap County to transfer development rights from the County into the City.
COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms
of this Agreement and attachments and have executed this Agreement on the date below to start as of the date and year referenced
above. The rights and obligations of both parties to this Agreement are governed by applicable EPA regulatory provisions, this
Agreement, and the following other documents incorporated by reference: Contractor Terms and Conditions including Attachment
"A" - Scope of Work and Attachment "B" — Budget. The applicable EPA regulatory provisions are 40 CFR Chapter 1, Subchapter
B which are incorporated by reference into this Agreement.
FOR CONTRACTOR
FOR COMMERCE
Lary Coppola, Port Orchard City Mayor
Karen J. Larkin, Assistant Director, Local Government and
Infrastructure Division
Date
ATTEST:
Date
APPROVED AS TO FORM ONLY
Patricia J. Kirkpatrick, MMC, City Clerk
APPROVED AS TO FORM ONLY
Dori Jaffe, Assistant Attorney General
October 18, 2010
Gregory A. Jacoby, City Attorney
Date
FACE SHEET
SPECIAL TERMS AND CONDITIONS
INTERAGENCY
FEDERAL FUNDS
1. ACKNOWLEDGEMENT OF EPA FUNDING
2.
3.
The Contractor agrees that any reports, documents, signage, videos, or other media, developed as
part of projects funded in whole or in part with federal funds under this Agreement, shall contain the
following statements:
"This project has been funded wholly or in part by the United States Environmental
Protection Agency under assistance agreement PO-OOJ093-01-0. The contents ofthis
document are those of the author and do not necessarily reflect the views and policies of the
U.S Environmental Protection Agency, nor does mention of trade names or commercial
products constitute endorsement or recommendation for use. Grant funds are awarded by
the Puget Sound Regional Council and Washington State Department of Commerce."
The Representative for each of the parties shall be responsible for and shall be the contact person for
all communications and billings regarding the performance of this Agreement.
The Representative for COMMERCE and their contact information are identified on the Face
Sheet of this Agreement.
The Representative for the Contractor and their contact information are identified on the Face
Sheet of this Agreement.
COMMERCE shall pay an amount not to exceed ($97,000) for the performance of all things
necessary for or incidental to the performance of work as set forth in the Scope of Work. Contractor's
compensation for services rendered shall be based on the following rates or in accordance with the
following terms:
EXPENSES
Contractor shall receive reimbursement for travel and other expenses as identified below or as
authorized in advance by COMMERCE as reimbursable.
Such expenses may include airfare (economy or coach class only), other transportation expenses,
and lodging and subsistence necessary during periods of required travel. Contractor shall receive
compensation for travel expenses at current state travel reimbursement rates
4. QUARTERLY REPORTS
Contractor shall submit a status report, on a form provided by COMMERCE, every three (3) months
describing the progress made on the scope of work outlined in "Attachment A" and performance
measures to be determined with EPA during the term of the contract. Reports are due fifteen (15)
calendar days prior to the due date for reports to EPA, to be determined. Quarterly Reports shall be
submitted to COMMERCE and may be provided electronically.
5. FINAL REPORT
In addition to the quarterly status reports, Contractor shall submit a final report, which is due thirty
(30) calendar days after the expiration or termination of the contract The report shall be submitted to
COMMERCE and may be provided electronically. The report shall generally contain the same
information as the status reports, but should cover the entire contract period.
2
SPECIAL TERMS AND CONDITIONS
INTERAGENCY
FEDERAL FUNDS
6. QUARTERLY MEETINGS OF CONTRACTORS
Contractor shall attend a quarterly meeting with the other grant contractors convened by
COMMERCE and the Puget Sound Regional Council to share information regarding TOR and
contractors' progress on their respective TOR projects.
7. BILLING PROCEDURES AND PAYMENT
COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly
completed invoices, which shall be submitted to the Representative for COMMERCE quarterly
The invoices shall describe and document, to COMMERCE's satisfaction, a description of the work
performed, the progress of the project, and fees. The invoice shall include the Agreement reference
number T11-63500-006. If expenses are invoiced, provide a detailed breakdown of each type. A
receipt must accompany any single expenses in the amount of $50.00 or more in order to receive
reimbursement.
Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after
receipt of properly completed invoices. Payment shall be sent to the address designated by the
Contractor.
COMMERCE may, in its sole discretion, terminate the Agreement or withhold payments claimed by
the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or
condition of this Agreement.
No payments in advance or in anticipation of services or supplies to be provided under this
Agreement shall be made by COMMERCE.
Duolication of Billed Costs
The Contractor shall not bill COMMERCE for services performed under this Agreement, and
COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will
be paid by any other source, including grants, for that service.
Disallowed Costs
The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its subcontractors.
Compensation for Overtime. Extra —Pay Shiftand Multi -Shift Premiums
If Grantee is a private non-profit entity pursuant to OMB Circular A-122, Appendix B, 8(f), grantee
may pay for overtime, extra —pay shifts, and multi -shift work only with prior approval of COMMERCE.
Exceptions are as follows:
1) When necessary to cope with emergencies, such as those resulting from accidents, natural
disasters, breakdowns of equipment, or occasional operational bottlenecks of a sporadic nature.
2) When employees are performing indirect functions, such as administration, maintenance, or
accounting.
3) In the performance of tests, laboratory procedures, or other similar operations which are
continuous in nature and cannot reasonably be interrupted or otherwise completed.
4) When lower overall cost to the federal Government will result"
8. INSURANCE
The Contractor shall provide insurance coverage as set out in this section. The intent of the required
insurance is to protect COMMERCE should there be any claims, suits, actions, costs, damages or
expenses arising from any loss, or negligent or intentional act or omission of the Contractor or
Subcontractor, or agents of either, while performing under the terms of this Agreement.
SPECIAL TERMS AND CONDITIONS
INTERAGENCY
FEDERAL FUNDS
The insurance required shall be issued by an insurance company authorized to do business within
the state of Washington. Except for Professional Liability or Errors and Omissions Insurance, the
insurance shall name the state of Washington, its agents, officers, and employees as additional
insureds under the insurance policy. All policies shall be primary to any other valid and collectable
insurance. The Contractor shall instruct the insurers to give COMMERCE thirty (30) calendar days
advance notice of any insurance cancellation, non -renewal or modification.
The Contractor shall submit to COMMERCE within fifteen (15) calendar days of the Agreement start
date, a certificate of insurance which outlines the coverage and limits defined in this insurance
section. During the term of the Agreement, the Contractor shall submit renewal certificates not less
than thirty (30) calendar days prior to expiration of each policy required under this section.
The Contractor shall provide insurance coverage that shall be maintained in full force and effect
during the term of this Agreement, as follows:
Commercial General Liability Insurance Policy. Provide a Commercial General Liability
Insurance Policy, including contractual liability, written on an occurrence basis, in adequate
quantity to protect against legal liability arising out of Agreement activity but no less than
$1,000,000 per occurrence. Additionally, the Contractor is responsible for ensuring that any
Subcontractors provide adequate insurance coverage for the activities arising out of subcontracts.
Automobile Liability. In the event that performance pursuant to this Agreement involves the use
of vehicles, owned or operated by the Contractor or its Subcontractor, automobile liability
insurance shall be required. The minimum limit for automobile liability is $1,000,000 per
occurrence, using a Combined Single Limit for bodily injury and property damage.
Professional Liability, Errors and Omissions Insurance. The Contractor shall maintain
Professional Liability or Errors and Omissions Insurance. The Contractor shall maintain minimum
limits of no less than $1,000,000 per occurrence to cover all activities by the Contractor and
licensed staff employed or under contract to the Contractor. The state of Washington, its agents,
officers, and employees need not be named as additional insureds under this policy.
Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf
of the Contractor for the purpose of receiving or depositing funds into program accounts or
issuing financial documents, checks, or other instruments of payment for program costs shall be
insured to provide protection against loss:
A. The amount of fidelity coverage secured pursuant to this Agreement shall be $100,000 or the
highest of planned reimbursement for the Agreement period, whichever is lowest. Fidelity
insurance secured pursuant to this paragraph shall name COMMERCE as beneficiary.
B. Subcontractors that receive $10,000 or more per year in funding through this Agreement shall
secure fidelity insurance as noted above. Fidelity insurance secured by Subcontractors
pursuant to this paragraph shall name the Contractor as beneficiary.
C. The Contractor shall provide, at COMMERCE's request, copies of insurance instruments or
certifications from the insurance issuing agency. The copies or certifications shall show the
insurance coverage, the designated beneficiary, who is covered, the amounts, the period of
coverage, and that COMMERCE will be provided thirty (30) days advance written notice of
cancellation.
Additional Provisions:
Above insurance policy shall include the following provisions:
1. Additional Insured. The state of Washington, COMMERCE, its elected and appointed officials,
agents and employees shall be named as an additional insured on all general liability, excess,
umbrella and property insurance policies. All insurance provided in compliance with this
Agreement shall be primary as to any other insurance or self-insurance programs afforded to or
maintained by the State.
4
SPECIAL TERMS AND CONDITIONS
INTERAGENCY
FEDERAL FUNDS
2. Identification. The policy must reference COMMERCE's Agreement number and the State
agency name.
3. Insurance Carrier Rating. All insurance and bonds should be issued by companies admitted to
do business within the state of Washington and have a rating of A-, Class VII or better in the most
recently published edition of Best's Reports. Any exception shall be reviewed and approved by
COMMERCE's Risk Manager, or the Risk Manager for the state of Washington, before the
Agreement is accepted or work may begin. If an insurer is not admitted, all insurance policies
and procedures for issuing the insurance policies must comply with Chapter 48.15 RCW and 284-
15 WAC.
4. Excess Coverage. By requiring insurance herein, COMMERCE does not represent that coverage
and limits will be adequate to protect Contractor and such coverage and limits shall not limit
Contractor's liability under the indemnities and reimbursements granted to COMMERCE in this
Agreement.
Local Government Contractors that Participate in a Self -Insurance Program
Self-Insured/Liability Pool or Self -Insured Risk Management Program — With prior approval from
COMMERCE, the Contractor may provide the coverage above under a self4nsuredAiability pool or
self4nsured risk management program. In order to obtain permission from COMMERCE, the
Contractor shall provide: (1) a description of its self-insurance program, and (2) a certificate an/or
letter of coverage that outlines coverage limits and deductibles. All self -insured risk management
programs or seff4nsuredAiability pool financial reports must comply with Generally Accepted
Accounting Principles (GAAP) and adhere to accounting standards promulgated by: 1) Governmental
Accounting Standards Board (GASB), 2) Financial Accounting Standards Board (FASB), and 3) the
Washington State Auditor's annual instructions for financial reporting. Contractor's participating in
joint risk pools shall maintain sufficient documentation to support the aggregate claim liability
information reported on the balance sheet. The state of Washington, its agents, and employees need
not be named as additional insured under a self -insured property/liability pool, if the pool is prohibited
from naming third parties as additional insured.
Contractor shall provide annually to COMMERCE a summary of coverages and a letter of self
insurance, evidencing continued coverage under Contractor's self-insuredAiability pool or self -insured
risk management program. Such annual summary of coverage and letter of self insurance will be
provided on the anniversary of the start date of this Agreement.
9. ORDER OF PRECEDENCE
In the event of an inconsistency in this Agreement, the inconsistency shall be resolved by giving
precedence in the following order.
• Applicable federal and state of Washington statutes and regulations
• Special Terms and Conditions
• General Terms and Conditions
• Attachment A — Scope of Work
• Attachment B — Budget
GENERAL TERMS AND CONDITIONS
INTERAGENCY
FEDERAL FUNDS
1.
As used throughout this Agreement, the following terms shall have the meaning set forth below:
A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to
act on the Director's behalf.
B. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this
Agreement, and shall include all employees and agents of the Contractor.
C. "COMMERCE" shall mean the Department of Commerce.
D. "Personal Information" shall mean information identifiable to any person, including, but not limited
to, information that relates to a person's name, health, finances, education, business, use or
receipt of governmental services or other activities, addresses, telephone numbers, social
security numbers, driver license numbers, other identifying numbers, and any financial identifiers.
E. "State" shall mean the state of Washington.
F. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or
part of those services under this Agreement under a separate contract with the Contractor. The
terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier.
2. ALL WRITINGS CONTAINED HEREIN
This Agreement contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to
exist or to bind any of the parties hereto.
This Agreement may be amended by mutual agreement of the parties. Such amendments shall not
be binding unless they are in writing and signed by personnel authorized to bind each of the parties.
4.
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned
by the Contractor without prior written consent of COMMERCE.
5. AUDIT
A. General Requirements
Contractors are to procure audit services based on the following guidelines.
The Contractor shall maintain its records and accounts so as to facilitate the audit requirement
and shall ensure that Subcontractors also maintain auditable records.
The Contractor is responsible for any audit exceptions incurred by its own organization or that of
its Subcontractors.
COMMERCE reserves the right to recover from the Contractor all disallowed costs resulting from
the audit
As applicable, Contractors required to have an audit must ensure the audits are performed in
accordance with Generally Accepted Auditing Standards (GAAS); Government Auditing
Standards (the Revised Yellow Book) developed by the Comptroller General.
Responses to any unresolved management findings and disallowed or questioned costs shall be
included with the audit report. The Contractor must respond to COMMERCE requests for
information or corrective action concerning audit issues within thirty (30) days of the date of
request.
0
GENERAL TERMS AND CONDITIONS
INTERAGENCY
FEDERAL FUNDS
B. Federal Funds Requirements - OMB Circular A-133 Audits of States. Local Govemments
and Non -Profit Organizations
Contractors expending $500,000 or more in a fiscal year in federal funds from all sources, direct
and indirect, are required to have an audit conducted in accordance with Office of Management
and Budget (OMB) Revised Circular A-133 "Audits of States, Local Governments, and Non -Profit
Organizations." Revised OMB A-133 requires the Contractor to provide the aud'Ror with a
schedule of Federal Expenditure for the fiscal year(s) being audited. When state funds are also
to be paid under this Agreement a Schedule of State Financial Assistance must also be included.
Both schedules include:
Grantor agency name
Federal agency
Federal program name
Other identifying agreement numbers
Catalog of Federal Domestic Assistance (CFDA) number (if applicable)
Grantor agreement number
Total award amount including amendments (total grant award)
Beginning balance
Current year revenues
Current year expenditures
Ending balance
Program total
If the Contractor is a state or kxxl government entity, the Office of the State Auditor shall conduct
the audit. Audits of non-profit organizafions are to be conducted by a certified public accountant
selected by the Contractor in accordance with OMB Circular A-110 "Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and
Other Non -Profit Organizations."
The Contractor shall include the above audit requirements in any subcontracts.
In any case, the Contractor's financial records must be available for review by COMMERCE.
C. Documentation Requirements
The Contractor must send a copy of any required audit Reporting Package as described in OMB
Circular A-133, Part C, Section 320(c) no later than nine (9) months after the end of the
Contractor's fiscal year(s) to:
Department of Commerce
ATTN: Audit Review and Resolution Office
1011 Plum Street SE
PO Box 42525
Olympia WA 98504-2525
In addition to sending a copy of the audit, when applicable, the Contractor must include:
• Corrective action plan for audit findings within three (3) months of the audit being
received by COMMERCE.
• Copy of the Management Letter.
7
GENERAL TERMS AND CONDITIONS
INTERAGENCY
FEDERAL FUNDS
6. CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR INELIGIBILITY AND
VOLUNTARY EXCLUSION —PRIMARY AND LOWER TIER COVERED TRANSACTIONS
A. Contractor shall fully comply with Subpart C of 2 CFR Part 180 and 2 CFR Part 1532, entitiled
"Responsibilities of Participants Regarding Transactions (Doing Business with Other Persons)."
Contractor is responsible for ensuring that any lower tier covered transactions as described in
Subpart B of 2 CFR Part 180 and 2 CFR Part 1532, entitled "Covered Transactions," includes a
term or condition requiring compliance with Subpart C. Contractor is responsible for further
requiring the inclusion of a similar term or condition in any subsequent lower tier covered
transactions. Contractor acknowledges that failing to disclose the information as required at 2
CFR 180.335 may result in the delay or negation of this assistance agreement, or pursuance of
legal remedies, including suspension and debarment.
Contractor may access the Excluded Parties List System at www.epls.gov. This term and
condition supercedes EPA Form 5700-49, "Certification regarding Debarment, Suspension, and
Other Responsibility Matters."
B. Contractor, defined as the primary participant and its principals, certifies by signing these
General Terms and Conditions that to the best of its knowledge and belief that they:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency.
2. Have not within a three-year period preceding this Agreement, been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public or private agreement
or transaction, violation of Federal or State antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements, tax
evasion, receiving stolen property, making false claims, or obstruction of justice;
3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State, or local) with commission of any of the offenses enumerated in
paragraph (1)(b) of this section; and
4. Have not within a three-year period preceding the signing of this Agreement had one or more
public transactions (Federal, State, or local) terminated for cause of default
C. Where the Contractor is unable to certify to any of the statements in this Agreement, the
Contractor shall attach an explanation to this Agreement.
D. The Contractor agrees by signing this Agreement that it shall not knowingly enter into any lower
tier covered transaction with a person who is debarred, suspended, declared ineligible, or
voluntarily excluded from participation in this covered transaction, unless authorized by
COMMERCE.
E. The Contractor further agrees by signing this Agreement that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier
Covered Transaction," as follows, without modification, in all lower tier covered transactions and
in all solicitations for lower tier covered transactions:
LOWER TIER COVERED TRANSACTIONS
a) The lower tier contractor certifies, by signing this Agreement that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency.
b) Where the lower tier contractor is unable to certify to any of the statements in this Agreement,
such contractor shall attach an explanation to this Agreement.
GENERAL TERMS AND CONDITIONS
INTERAGENCY
FEDERAL FUNDS
F. The terms covered transaction, debarred, suspended, ineligible, lower tier covered
transaction, person, primary covered transaction, principal, and voluntarily excluded, as
used in this section, have the meanings set out in the Definitions and Coverage sections of the
rules implementing Executive Order 12549. You may contact COMMERCE for assistance in
obtaining a copy of these regulations.
7. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
A. "Confidential Information" as used in this section includes:
1. All material provided to the Contractor by COMMERCE that is designated as "confidential"
by COMMERCE;
2. All material produced by the Contractor that is designated as "confidential" by COMMERCE;
and
3. All Personal Information in the possession of the Contractor that may not be disclosed under
state or federal law. "Personal Information" includes but is not limited to information related to
a person's name, health, finances, education, business, use of government services,
addresses, telephone numbers, social security number, driver's license number and other
identifying numbers, and "Protected Health Information" under the federal Health Insurance
Portability and Accountability Act of 1996 (HIPAA).
B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer,
sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information
solely for the purposes of this Agreement and shall not use, share, transfer, sell or disclose any
Confidential Information to any third party except with the prior written consent of COMMERCE or
as may be required by law. The Contractor shall take all necessary steps to assure that
Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or
disclosure of Confidential Information or violation of any state or federal laws related thereto.
Upon request, the Contractor shall provide COMMERCE with its policies and procedures on
confidentiality. COMMERCE may require changes to such policies and procedures as they apply
to this Agreement whenever COMMERCE reasonably determines that changes are necessary to
prevent unauthorized disclosures. The Contractor shall make the changes within the time period
specified by COMMERCE. Upon request, the Contractor shall immediately return to
COMMERCE any Confidential Information that COMMERCE reasonably determines has not
been adequately protected by the Contractor against unauthorized disclosure.
C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working
days of any unauthorized use or disclosure of any confidential information, and shall take
necessary steps to mitigate the harmful effects of such use or disclosure.
8.
Unless otherwise provided, all Materials produced under this Agreement shall be considered "works
for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE
shall be considered the author of such Materials. In the event the Materials are not considered
"works for hire" under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right,
title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of
publicity to COMMERCE effective from the moment of creation of such Materials.
"Materials" means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes,
and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the
ability to transfer these rights.
For Materials that are delivered under the Agreement, but that incorporate pre-existing materials not
produced under the Agreement, the Contractor hereby grants to COMMERCE a nonexclusive,
royalty -free, irrevocable license (with rights to sublicense to others) in such Materials to translate,
reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor
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GENERAL TERMS AND CONDITIONS
INTERAGENCY
FEDERAL FUNDS
warrants and represents that the Contractor has all rights and permissions, including intellectual
property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE.
The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of
Materials furnished under this Agreement, of all known or potential invasions of privacy contained
therein and of any portion of such document which was not produced in the performance of this
Agreement. The Contractor shall provide COMMERCE with prompt written notice of each notice or
claim of infringement received by the Contractor with respect to any Materials delivered under this
Agreement. COMMERCE shall have the right to modify or remove any restrictive markings placed
upon the Materials by the Contractor.
9. DISPUTES
Except as otherwise provided in this Agreement, when a dispute arises between the parties and it
cannot be resolved by direct negotiation, either party may request a dispute hearing with the Director
of COMMERCE, who may designate a neutral person to decide the dispute.
The request for a dispute hearing must:
• be in writing;
• state the disputed issues;
• state the relative positions of the parties;
• state the Contractor's name, address, and Agreement number, and
• be mailed to the Director and the other party's (respondent's) Agreement Representative
within three (3) working days after the parties agree that they cannot resolve the dispute.
The respondent shall send a written answer to the requestor's statement to both the Director or the
Director's designee and the requestor within five (5) working days.
The Director or designee shall review the written statements and reply in writing to both parties within
ten (10) working days. The Director or designee may extend this period if necessary by notifying the
paw.
The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding.
The parties agree that this dispute process shall precede any action in a judicial or quasyudicial
tribunal.
Nothing in this Agreement shall be construed to limit the parties' choice of a mutually acceptable
alternate dispute resolution (ADR) method in addition to the dispute hearing procedure outlined
above.
10. ETHICSICONFLICTS OF INTEREST
In performing under this Agreement, the Contractor shall assure compliance with the Ethics in Public
Service Act (Chapter 42.52 RCW) and any other applicable state or federal law related to ethics or
conflicts of interest.
11. GOVERNING LAW AND VENUE
This Agreement shall be construed and interpreted in accordance with the laws of the state of
Washington, and the venue of any action brought hereunder shall be in the Superior Court for
Thurston County.
12.
To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the
state of Washington, COMMERCE, all other agencies of the state and all officers, agents and
employees of the state, from and against all claims or damages for injuries to persons or property or
death arising out of or incident to the Contractor's performance or failure to perform the Contract.
The Contractor's obligation to indemnify, defend, and hold harmless includes any claim by the
10
GENERAL TERMS AND CONDITIONS
INTERAGENCY
FEDERALFUNDS
Contractor's agents, employees, representatives, or any Subcontractor or its agents, employees, or
representatives.
The Contractor's obligation to indemnify, defend, and hold harmless shall not be eliminated by any
actual or alleged concurrent negligence of the state or its agents, agencies, employees and officers.
Subcontracts shall include a comprehensive indemnification clause holding harmless the Contractor,
COMMERCE, the state of Washington, its officers, employees and authorized agents.
The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify,
defend and hold harmless the state and its agencies, officers, agents or employees.
13. INDEPENDENT CAPACITY OF THE CONTRACTOR
The parties intend that an independent contractor relationship will be created by this Contract. The
Contractor and its employees or agents performing under this Contract are not employees or agents
of the state of Washington or COMMERCE. The Contractor will not hold itself out as or claim to be
an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will the
Contractor make any claim of right, privilege or benefit which would accrue to such officer or
employee under law. Conduct and control of the work will be solely with the Contractor.
14. LAWS
The Contractor shall comply with all applicable laws, ordinances, codes, regulations, and policies of
local, state, and federal governments, as now or hereafter amended, including, but not limited to:
United States Laws. Regulations and Circulars (Federal)
A. Audits
Office of Management and Budget (OMB) Revised Circular A-133 "Audits of States, Local
Governments, and Non -Profit Organizations."
B. Labor and Safety Standards
Convict Labor, 18 U.S.C. 751, 752, 4081, 4082.
Drug -Free Workplace Act of 1988, 41 USC 701 et seq.
Federal Fair Labor Standards Act, 29 U.S.C. 201 at seq.
Work Hours and Safety Act of 1962, 40 U.S.C. 327-330 and Department of Labor Regulations, 29
CFR Part 5.
C. Laws against Discrimination
Age Discrimination Act of 1975, Public Law 94-135, 42 U.S.C. 6101-07, 45 CFR Part 90
Nondiscrimination in Federally Assisted Programs.
Americans with Disabilities Act of 1990, Public Law 101-336.
Equal Employment Opportunity, Executive Order 11246, as amended by Executive Order 11375
and supplemented in U.S. Department of Labor Regulations, 41 CFR Chapter 60.
Executive Order 11246, as amended by EO 11375, 11478, 12086 and 12102.
Handicapped Employees of Government Contractors, Rehabilitation Act of 1973, Section
503, 29 U.S.C. 793.
Handicapped Recipients of Federal Financial Assistance, Rehabilitation Act of 1973, Section 504,
29 U.S.C. 794.
Minority Business Enterprises, Executive Order 11625, 15 U.S.C. 631.
Minority Business Enterprise Development, Executive Order 12432. 48 FIR 32551.
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GENERAL TERMS AND CONDITIONS
INTERAGENCY
FEDERAL FUNDS
Nondiscrimination and Equal Opportunity, 24 CFR 5.105(a).
Nondiscrimination in benefits, Title VI of the Civil Rights Act of 1964, Public Law 88-352, 42
U.S.C. 2002d et seq, 24 CFR Part 1.
Nondiscrimination in employment, Title VII of the Civil Rights Act of 1964, Public Law
88-3 5 2 .
Nondiscrimination in Federally Assisted Construction Contracts, Executive Order 11246, 42
U.S.C. 2000e, as amended by Executive Order 11375, 41 CFR Chapter 60.
Section 3, Housing and Urban Development Act of 1969,12 USC 17001 u (See 24 CFR
570.607(b)).
D. Office of Management and Budget Circulars
Cost Principles for State, Local and Indian Tribal Governments, OMB Circular A-87, 2 CFR, Part
225. The chief executive officer of the contractor shall ensure that no grant funds awarded under
this agreement are used to engage in lobbying of the Federal Government or in litigation against
the United States unless authorized under existing law. The contractor shall abide by its
respective OMB Circular (A-21, A-87, or A-122), which prohibits the use of Federal grant funds for
litigation against the United States or for lobbying or other political activities.
Cost Principles for Nonprofit Organizations, OMB Circular A-122, (if the Contractor is a nonprofit
organization).
Grants and Cooperative Agreements with State and Local Governments, OMB Circular A-102, (if
the Contractor is a local government or federally recognized Indian tribal government).
Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher
Education, Hospitals and Other Nonprofit Organizations, OMB Circular A-110.
E. Other
Anti -Kickback Act, 18 U.S.C. 874; 40 U.S.C. 276b, 276c; 41 U.S.C. 51-54
Drug -Free Workplace Certification: Contractor must make an ongoing, good faith effort to
maintain a drug -free workplace pursuant to the specific requirements set forth in Title 40 CFR
36.200 — 36.230. Additionally, in accordance with these regulations, the Contractor must identify
all known workplaces under its federal awards, and keep this information on file during the
performance of the award. The consequences for violating this condition are detailed under Title
40 CFR 36.510. Contractor can access the Code of Federal Regulations (CFR) Title 40 Part 36 at
http://www.access.gpo.gov/nara/cfrtwaisidx-06/40cfr36-06.html.
Governmental Guidance for New Restrictions on Lobbying; Interim Final Guidance, Federal
Register 1, Vol. 54, No. 243\Wednesday, December 20, 1989.
Hatch Political Activity Act, 5 U.S.C. 1501-8.
Hotel -Motel Fire Safety Act Pursuant to 40 CFR 30.18, if applicable, and 15 USC 2225a, the
Contractor agrees to ensure that all space for conferences, meetings, conventions, or training
seminars funded in whole or in part with federal funds complies with the protection and control
guidelines of the Hotel and Motel Fire Safety Act (PL 101-391, as amended). Contractors may
search the Hotel -Motel National Master List at http://www.usfa.dhs.gov/applicabonsthotel to see if
a property is in compliance (FEMA ID is currently not required), or to find other information about
the Act.
Lobbying and Disclosure, 42 USC 3537a and 3545 and 31 USC 1352 (Byrd Anti -Lobbying
Amendment). 31 U.S.C. 1352 provides that Contractors who apply or bid for an award of
$100,000 or more must file the required certification. Each tier certifies to the tier above that it will
not and has not used Federal appropriated funds to pay any person or organization for influencing
or attempting to influence an officer or employee of any agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in connection with obtaining
12
GENERAL TERMS AND CONDITIONS
INTERAGENCY
FEDERAL FUNDS
any Federal contract, grantor other award covered by 31 U.S.C. 1352. Each tier must disclose
any lobbying with non -Federal funds that takes place in connection with obtaining any Federal
award. Such disclosures are forwarded from tier to tier up to the recipient.
Non -Supplanting Federal Funds.
Section 8 Housing Assistance Payments Program.
Recycled Paper. In accordance with Section 6002 of the Resource Conservation and Recovery
Act (RCRA) (42 U.S.C. 6962) any State agency or agency of a political subdivision of a State
which is using appropriated Federal funds shall comply with the requirements set forth.
Regulations issued under RCRA Section 6002 apply to any acquisition of an item where the
purchase price exceeds $10,000 or where the quantity of such items acquired in the course of the
preceding fiscal year was $10,000 or more. RCRA Section 6002 requires that preference be
given in procurement programs to the purchase of specific products containing recycled materials
identified in guidelines developed by EPA. These guidelines are listed in 40 CFR 247.
Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. 7104(g)): To implement
requirements of Section 106 of the Trafficking Victims Protection Act of 2000, as amended, the
following provisions apply to this contract
a. EPA, as the Federal awarding agency for the funds being administered under this contract
may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity:
(1) is determined to have violated an applicable prohibition in the Prohibition Statement below,
or (2) has an employee who is determined by the agency official authorized to terminate the
award to have violated an applicable prohibition in the Prohibition Statement below through
conduct that is either. (a) associated with performance under this award; or (b) imputed to the
subrecipient using the standards and due process for imputing the conduct of an individual to
an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on
Govemmentwide Debarment and Suspension (Nonprocurement)," as implemented by EPA at
2 CFR part 1532. You must inform EPA immediately of any information you receive from any
source alleging a violation of a prohibition in the Prohibition Statement below.
b. EPA's right to terminate unilaterally that is described in paragraph a of this award term: (1)
implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as
amended (22 U.S.C. 7104(g)), and (2) is in addition to all other remedies for noncompliance
that are available to EPA under this award.
c. You must include the requirements of the Prohibition Statement below in any subaward you
make to a private entity.
Prohibition Statement - You as the recipient, your employees, subrecipients under this award,
and subrecipients' employees may not engage in severe forms of trafficking in persons during
the period of time that the award is in effect; procure a commercial sex act during the period of
time that the award is in effect; or use forced labor in the performance of the award or
subawards under the award.
F. Privacy
Privacy Act of 1974, 5 U.S.C. 552a.
Washington State Laws and Regulations
A. Affirmative action, RCW 41.06.020 (11).
B. Boards of directors or officers of non-profit corporations — Liability - Limitations, RCW 4.24.264.
C. Disclosure -campaign finances -lobbying, Chapter 42.17 RCW.
D. Discrimination -human rights commission, Chapter 49.60 RCW.
E. Ethics in public service. Chapter 42.52 RCW.
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GENERAL TERMS AND CONDITIONS
INTERAGENCY
FEDERAL FUNDS
F. Office of minority and women's business enterprises, Chapter 39.19 RCW and Chapter 326-02
WAC.
G. Open public meetings act, Chapter 42.30 RCW.
H. Public records act, Chapter 42.56 RCW.
I. State budgeting, accounting, and reporting system, Chapter 43.88 RCW.
15. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
During the performance of this Agreement, the Contractor shall comply with all federal, state, and
local nondiscrimination laws, regulations and policies. In the event of the Contractor's non-compliance
or refusal to comply with any nondiscrimination law, regulation or policy, this Agreement may be
rescinded, canceled or terminated in whole or in part, and the Contractor may be declared ineligible
for further Agreements with COMMERCE. The Contractor shall, however, be given a reasonable
time in which to cure this noncompliance. Any dispute may be resolved in accordance with the
"Disputes" procedure set forth herein.
16. DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS
GENERAL COMPLIANCE, 40 CFR, Part 33
The Contractor agrees to comply with the requirements of EPA's Program for Utilization of Small,
Minority and Women's Business Enterprises in procurement under assistance agreements, contained
in 40 CFR, Part 33.
SIX GOOD FAITH EFFORTS, 40 CFR, Part 33, Subpart C Pursuant to 40 CFR, Section 33.301, the
Contractor agrees to make the following good faith efforts whenever procuring construction,
equipment, services and supplies under an EPA financial assistance agreement, and to ensure that
sub -recipients, loan recipients, and prime contractors also comply.
Records documenting compliance with the six good faith efforts shall be retained:
(a) Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through
outreach and recruitment activities. For Indian Tribal, State and Local and Government recipients, this
will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources.
(b) Make information on forthcoming opportunities available to DBEs and arrange time frames for
contracts and establish delivery schedules, where the requirements permit, in a way that encourages
and facilitates participation by DBEs in the competitive process. This includes, whenever possible,
posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or
proposal closing date.
(c) Consider in the contracting process whether firms competing for large contracts could subcontract
with DBEs. For Indian Tribal, State and local Government recipients, this will include dividing total
requirements when economically feasible into smaller tasks or quantities to permit maximum
participation by DBEs in the competitive process.
(d) Encourage contracting with a consortium of DBEs when a contract is too large for one of these
firs to handle individually.
(a) Use the services and assistance of the SBA and the Minority Business Development Agency of
the Department of Commerce.
(f) If the prime contractor awards subcontracts, require the prime contractor to take the steps in
paragraphs (a) through (e) of this section.
MBE/WBE REPORTING, 40 CFR, Part 33, Sections 33.502 and 33.503 The Contractor agrees to
complete and submit EPA For 5700-52A, "MBEIWBE Utilization Under Federal Grants, Cooperative
Agreements and Interagency Agreements" beginning with the Federal fiscal year reporting period the
recipient receives the award, and continuing until the end of the contract period. Only procurements
with certified MBE/ BEs are counted toward a COMMERCE's MBE/WBE accomplishments under
the contract with EPA. The reports must be submitted semiannually for the periods ending March
15th and September 15th. Reports should be sent to the COMMERCE representative.
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GENERAL TERMS AND CONDITIONS
INTERAGENCY
FEDERAL FUNDS
EPA Form 5700-52A may be obtained from the EPA Office of Small Business Program's Home Page
on the Internet at www.epa.gov/osbp.
17. POLITICAL ACTIVITIES
Political activity of Contractor employees and officers are limited by the State Campaign Finances
and Lobbying provisions of Chapter 42.17 RCW and the Federal Hatch Act, 5 USC 1501 - 1508.
No funds may be used for working for or against ballot measures or for or against the candidacy of
any person for public office.
18. PROCUREMENT STANDARDS FOR FEDERALLY FUNDED PROGRAMS
A Contractor which is a local government must establish procurement policies and procedures in
accordance with 40 CFR Part 31.36.
A Contractor which is a local government or Indian Tribal government must also establish
procurement policies and procedures in accordance with OMB Circulars A-102, Uniform
Administrative Requirements for Grants in Aid for State and Local Governments, for all purchases
funded by this Agreement.
A Contractor which is a nonprofit organization shall establish procurement policies in accordance with
OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Nonprofit
Agencies, for all purchases funded by this Agreement
The Contractor's procurement system should include at least the following:
1. A code or standard of conduct that shall govern the performance of its officers, employees, or
agents engaged in the awarding of contracts using federal funds.
2. Procedures that ensure all procurement transactions shall be conducted in a manner to
provide, to the maximum extent practical, open and free competition.
3. Minimum procedural requirements, as follows:
a. Follow a procedure to assure the avoidance of purchasing unnecessary or duplicative
items.
b. Solicitations shall be based upon a clear and accurate description of the technical
requirements of the procured items.
c. Positive efforts shall be made to use small and minority -owned businesses.
d. The type of procuring instrument (fixed price, cost reimbursement) shall be determined by
the Contractor, but must be appropriate for the particular procurement and for promoting
the best interest of the program involved.
e. Contracts shall be made only with reasonable subcontractors who possess the potential
ability to perform successfully under the terms and conditions of the proposed
procurement.
f. Some form of price or cost analysis should be performed in connection with every
procurement action.
g. Procurement records and files for purchases shall include all of the following:
1) Contractor selection or rejection.
2) The basis for the cost or price.
3) Justification for lack of competitive bids if offers are not obtained.
h. A system for Agreement administration to ensure Contractor conformance with terms,
conditions and specifications of this Agreement, and to ensure adequate and timely
follow-up of all purchases.
15
GENERAL TERMS AND CONDITIONS
INTERAGENCY
FEDERAL FUNDS
4. Contractor and Subcontractor must receive prior approval from COMMERCE for using funds
from this Agreement to enter into a sole source Agreement or an Agreement where only one
bid or proposal is received when value of this Agreement is expected to exceed $5,000.
Prior approval requests shall inGude a copy of proposed contracts and any related
procurement documents and justification for non-competitive procurement, if applicable.
19. PAYMENT TO CONSULTANTS
20.
Use of EPA funds in the salary rate (excluding overhead) paid to individual consultants retained by
Contractor or by Contractor's subcontractors shall be limited to the maximum daily rate for Level IV of
the Executive Schedule (formerly GS-18), to be adjusted annually. This limit applies to consultation
services of designated individuals with specialized skills who are paid at a daily or hourly rate. As of
January 1, 2010, the limft is $596.00 per day or $74.50 per hour. This rate does not include
transportation and subsistence costs for travel performed (the Contractor will pay these in accordance
with their normal travel reimbursement practices).
Subagreements with fines for services which are awarded using the procurement requirements in 40
CFR Parts 30 or 31, as applicable, are not affected by this limitation unless the terms of the contract
provide the Contractor with responsibility for the selection, direction, and control of the individuals
who will be providing services under the contract at an hourly or daily rate of compensation. See 40
CFR 30.27(b) or 40 CFR 31.360), as application, for additional information.
In the event that the Contractor fails to perform this Agreement in accordance with state laws, federal
Laws, and/or the provisions of this Agreement, COMMERCE reserves the right to recapture funds in
an amount to compensate COMMERCE for the noncompliance in addition to any other remedies
available at law or in equity.
21. RECORDS MAINTENANCE
The Contractor shall maintain all books, records, documents, data and other evidence relating to this
Agreement and performance of the services described herein, including but not limited to accounting
procedures and practices which sufficiently and properly reflect all direct and indirect costs of any
nature expended in the performance of this Agreement. Contractor shall retain such records for a
period of six years following the date of final payment.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records
shall be retained until all litigation, claims, or audit findings involving the records have been finally
resolved.
22. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Agreement and prior to normal completion, COMMERCE may terminate
the Agreement under the Termination for Convenience" clause, without the ten calendar day notice
requirement In lieu of termination, the Agreement may be amended to reflect the new funding
limitations and conditions.
23. SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall
be held invalid, such invalidity shall not affect the other provisions of this Agreement that can be given
effect without the invalid provision, if such remainder conforms to the requirements of law and the
fundamental purpose of this Agreement and to this end the provisions of this Agreement are declared
to be severable.
16
24.
GENERAL TERMS AND CONDITIONS
INTERAGENCY
FEDERAL FUNDS
The Contractor may only subcontract work contemplated under this Contract if it obtains the prior
written approval of COMMERCE.
If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to
subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause,
COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as
they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or
entity; or (c) require the Contractor to rescind or amend a subcontract
Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The
Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term
or condition of this Contract. The Contractor shall appropriately monitor the activities of the
Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a
subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach
in the performance of the Contractor's duties.
Every subcontract shall include a term that COMMERCE and the State of Washington are not liable
for claims or damages arising from a Subcontractor's performance of the subcontract.
25. SURVIVAL
The terms, conditions, and warranties contained in this Agreement that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Agreement
shall so survive.
26. TERMINATION FOR CAUSE I SUSPENSION
In event COMMERCE determines that the Contractor failed to comply with any term or condition of
this Agreement, COMMERCE may terminate the Agreement in whole or in part upon written notice to
the Contractor. Such termination shall be deemed "for cause." Termination shall take effect on the
date specified in the notice.
In the aftemative, COMMERCE upon written notice may allow the Contractor a specific period of time
in which to correct the non-compliance. During the corrective -action time period, COMMERCE may
suspend further payment to the Contractor in whole or in part, or may restrict the Contractor's right to
perform duties under this Agreement Failure by the Contractor to take timely corrective action shall
allow COMMERCE to terminate the Agreement upon written notice to the Contractor.
"Termination for Cause" shall be deemed a "Termination for Convenience" when COMMERCE
determines that the Contractor did not fail to comply with the terms of the Agreement or when
COMMERCE determines the failure was not caused by the Contractor's actions or negligence.
If the Agreement is terminated for cause, the Contractor shall be liable for damages as authorized by
law, including, but not limited to, any cost difference between the original Agreement and the
replacement Agreement, as well as all costs associated with entering into the replacement
Agreement (i.e., competitive bidding, mailing, advertising, and staff time).
27.
Except as otherwise provided in this Agreement, COMMERCE may, by ten (10) business days written
notice, beginning on the second day after the mailing, terminate this Agreement, in whole or in part. If
this Agreement is so terminated, COMMERCE shall be liable only for payment required under the
terms of this Agreement for services rendered or goods delivered prior to the effective date of
termination.
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GENERAL TERMS AND CONDITIONS
INTERAGENCY
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28. TERMINATION PROCEDURES
After receipt of a notice of termination, except as otherwise directed by COMMERCE, the Contractor
shall:
A. Stop work under the Agreement on the date, and to the extent specified, in the notice;
B. Place no further orders or subcontracts for materials, services, or facilities related to the
Agreement;
C. Assign to COMMERCE all of the rights, title, and interest of the Contractor under the orders and
subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or
pay any or all claims arising out of the termination of such orders and subcontracts. Any attempt
by the Contractor to settle such claims must have the prior written approval of COMMERCE, and
D. Preserve and transfer any materials, Agreement deliverables and/or COMMERCE property in the
Contractor's possession as directed by COMMERCE.
Upon termination of the Agreement, COMMERCE shall pay the Contractor for any service provided
by the Contractor under the Agreement prior to the date of termination. COMMERCE may withhold
any amount due as COMMERCE reasonably determines is necessary to protect COMMERCE
against potential loss or liability resulting from the termination. COMMERCE shall pay any withheld
amount to the Contractor if COMMERCE later determines that loss or liability will not occur.
The rights and remedies of COMMERCE under this section are in addition to any other rights and
remedies provided under this Agreement or otherwise provided under law.
29. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or
breach. Any waiver shall not be construed to be a modification of the terms of this Agreement unless
stated to be such in writing and signed by Authorized Representative of COMMERCE.
ip
Attachment A
Scope of Work
Task
Deliverable
Timeline/Deadline
A. Survey downtown receiving
TDR survey report - summary
January — April 1, 2011
area property owners
document of community feedback
regarding transfer of
and property owner survey
development rights (TDR)
program elements and to
establish boundaries for
focused receiving area
B. Identify opportunities and
Draft incentives for receiving area
April — May 1, 2011
develop draft incentives for
properties to accept development
receiving properties to accept
rights
development rights
C. Establish an appropriate
Documentation of transfer ratio for
April — May 1, 2011
transfer ratio for the local
receiving area
jurisdictional circumstances.
D. TDR component of
comprehensive plan
D.1: Analysis of potential TDR
May — August 1, 2011
component within boundaries of
focused receiving areas
D.2: Development of TDR
Draft Comprehensive Plan TDR
August — September 30,
component within the 2011 Port
Element
2011
Orchard Comprehensive Plan
update.
E. Interlocal agreement or rule
with Kitsap County
E.1: Develop draft interlocal
September 2011
agreement with Kitsap County
or draft ordinance adopting
Commerce Interlocal Terms
and Conditions Rule by
reference
E.2: Council deliberations and
Documentation of City Council vote
November 2011
vote on interlocal agreement or
on an intedocal agreement with the
draft ordinance
County or ordinance adopting by
reference the Department of
Commerce Interlocal Terms and
Conditions Rule to increase capacity
to accept development rights from
the County
F. Public approval and adoption
Documentation of City Council
December 31, 2011
process for TDR
deliberations and vote on TDR
Comprehensive Plan updates
Comprehensive Plan updates and
and TDR development
TDR development regulations
regulations
19
Attachment B
Budget
Funding Sources
Source 1
Source 2
TDR Grant
In -kind C'
Total
A. Survey downtown receiving area property
$16,000
$4,000
$20,000
owners regarding transfer of development
rights (TDR) program elements and to
establish boundaries for focused receiving
area
B. Identify opportunities and develop draft
9,500
500
10,000
incentives for receiving properties to
accept development rights
C. Establish an appropriate transfer ratio for
3,750
1,250
5,000
the local jurisdictional circumstances.
D. TDR component of comprehensive plan
D.1: Analysis of potential TDR
19,000
1,000
20,000
component within boundaries of
focused receiving areas
D.2: Development of TDR component
23,750
1,250
25,000
within the 2011 Port Orchard
Comprehensive Plan update.
E. Interiocal agreement or rule with Kitsap
County
E.1: Develop draft interlocal agreement
23,750`
1,250
25,000
with Kitsap County or draft ordinance
adopting Commerce Interlocal Terms
and Conditions Rule by reference
E.2: Council deliberations and vote on
0
0
0
interlocal agreement or draft ordinance
F. Public approval and adoption process for
1,250
23,750
25,000
TDR Comprehensive Plan updates and
TDR development regulations
Total
$97,000
1 $33,000
1 $130,000
Pass through funding to Kitsap County Department of Community Development for work on interlocal
agreement or adoption of Commerce Intedocal Terms and Conditions Rule by reference.
20
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(36o) 876-4407 0 FAX (36o) 895-9029
Agenda Staff Report
Agenda Item No. Business Item 7G Meeting Date: November 9, 2oio
Subject Approval of Local Agency Agreement Prepared by: Mark R. Dorsey, P.E.
No. 5 to Contract No. 011-05, Public Works Director
Authorizing the Mayor Pro-Tem to Atty Routing No: NA
Execute Agreement No. 5, regarding the Atty Review Date: NA
Tremont Street Widening Project for
Additional Right -of -Way Acquisition
Funds with the Washington Department
of Transportation
Summarv: On September 7, 2010 the Kitsap Regional Coordinating Council (KRCC) Executive
Board approved the City of Port Orchard's request for $250,000.00 in additional Tremont Street
Widening right-of-way acquisition funding. On October 1, 2010 formal notification of authorization
for the City's $250,000.00 request was received by Puget Sound Regional Council (PSRC) Executive
Director Bob Drewel. Local Agency Supplement No. 5, attached herewith, will be executed by
WSDOT Local programs upon Council action and then forwarded on to the Federal Highway
Administration (FHWA) for obligation.
Recommendation: Staff recommends that the City Council authorize the Mayor Pro-Tempore to
execute Local Agency Agreement Supplement No. 5, as required to obligate the additional
$250,000.00 in right-of-way acquisition funding for the Tremont Street Widening Project.
Motion for consideration: I move to authorize the Mayor Pro-Tempore to execute Local Agency
Agreement Supplement No. 5 to Contract No. 011-05, as required to obligate the additional
$250,000 in right-of-way acquisition funding for the Tremont Street Widening Project.
Fiscal Impact: Budgeted item for 2011 within Arterial Streets.
Alternatives: None
Attachments: Local Agency Agreement Supplement No. 5 for Tremont Street Widening
PSRC Letter dated 10/1/2010
KRCC Action Sheet
iML
MWashington State
AP Department of Transportation Local Agency Agreement Supplement
Agency
Supplement Number
Port Orchard _ _
5
Federal Aid Project Number
Agreement Number
CFDA No. 20.205
STPUS - 6610 004
LA 5855(Catalog
of Federal Domestic Assistance
The Local Agency desires to supplement the agreement entered into and executed on February 28, 2005
All provisions in the basic agreement remain in effect except as expressly modified by this supplement.
The changes to the agreement are described as follows:
Project Description
Name Tremont Street
Termini Port Orchard Boulevard to SR 16
Description of Work ® No Change
Reason for Supplement
Obligate additional right-of-way funding.
Does this change require additional Right of Way or Easements? ❑ Yes ® No
Length 0.65 miles
Type of Work
Yp
Estimate of Funding
(1)
Previous
A reement/Su I.
(2) —
Supplement
(3)
Estimated Total
Pro ect Funds
(4)
Estimated Agency
Funds
1e>
Estimated
Federal Funds
PE a.Agency
86.5 % b.Other Consultant
c. other_
3,000.00
3,000.00
405.00
2,595.00
977,000.00
_
977,000.00
- _ -
131,895.00
_
845,105.00
2,000.00
2,000.00
270.00
1,730.00
Federal Aid Participation d. State
18,000.00
18,000.00
2,430.00
15,570.00
Ratio for PE e. Total PE Cost Estimate a+b+c+d
1,000,000.00
-
1,000,000.00
135,000.00
865,000.00
Right of Way f. Agency
2,255,623.00
250,000.00
2,505,623.00
_ 338,259.00
2,167,364.00
86.5 %g. Other
_ _ _ - 50,000 00_
_ . _
50 000.00
6,75000 -
_ ,._ 43,250.00
Federal Aid h. Other Eligible Non Federal Funds
-- _.Ii4,848.00
_...__.
64,848nn
Participation
Ratio for RW i. State
10 000.00
10 000.00
1 350.00
8,650.00
'. Total RM/ Cost Estimate f+ +h+i
_ _ _-
_.
Construction k. Contract
I. Other
m. Other
_
n. Other
%
o.Agencv
Federal Aid
Participation " Sp tate ----- -
-
Ratio for CN g. Total CN Cost Estimate kq+m+nro
r. Total Project Cost Estimate e "
The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition
to payment of the Federal funds obligated, it accepts and will comply with the applicable provisions.
Agency Official
By
Title Mayor Pro'
Washington State Department of Transportation
Director of Highways and Local Programs
Date Executed
DOT Form 140-041 EF
Revised 1/2007
Pugef Sound Regional Council
En
October 1, 2010
The Honorable Lary Coppola, Mayor
City of Port Orchard
216 Prospect St
Port Orchard, WA 98366
Dear Mayor Coppola:
RECEIVE®
OCT 13 2010
CITY OF PORT 013r -HARD
PLANNING DEPARI,MENT
Congratulations! I'm delighted to notify you that your community is receiving $250,000 in PSRC funding
to meet important transportation needs for the project entitled:
• Tremont Widening Additional ROW Funds
I know it takes hard work to make projects happen, so I commend you and your staff on your success in
these highly competitive funding processes and your ongoing work to help the region achieve its long-
range transportation plan, Transportation 2040. The PSRC Executive Board voted this summer to approve
$69.32 million in federal funding for priority transportation projects, which will be approved by our
federal funding agencies in early October 2010.
All of us have been challenged to do more with less in this difficult economy, yet still do the essential
work to prepare our region for the future. At PSRC, we have implemented substantial austerity measures
within our own agency. At the same time, we have aggressively pursued new grants as a way to leverage
local dollars and provide long-term benefit to the whole region.
Even in these tough times, we are taking steps to ensure the region emerges strong as the economy
recovers. We hope you'll call on us with questions and concerns as you work to implement your plans
and provide services to your community. You can reach us at (206) 464-7090 or online at psrc.org.
Sincerely,
�J
Bob Drewel
Executive Director, Puget Sound Regional Council
cc: Mr. Mark Dorsey, Public Works Director
Ms. Andrea Archer, City Engineer
P.S. Were looking to the next stages of Prosperity Partnership efforts to create jobs that will help lead us
out of the current economic downturn. I look forward to hearing your ideas and working together to
ensure the region is ready as the economy recovers.
1011 Westen Avenue, Suite 50D - Seotlle,fthington 98104-1035 • (206) 464 7M -FAX (206) 587d825 • psrc.org
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Adn►
Washington State
�AP Department of Transportation
Local Agency Agreement Supplement
Agency
Supplement Number
Port Orchard
5
Federal Aid Project Number
Agreement Number
CFDA No. 20.205
STPUS - 6610 004
LA 5855(Catalog
of Federal Domestic Assistance
The Local Agency desires to supplement the agreement entered into and executed on February 28, 2005
All provisions in the basic agreement remain in effect except as expressly modified by this supplement.
The changes to the agreement are described as follows:
Project Description
Name Tremont Street Widening Length 0.65 miles
Termini Port Orchard Boulevard to SR 16
Description of Work ® No Change
Reason for Supplement
Obligate additional right-of-way funding.
Does this chanqe require additional Riqht of Way or Easements? ❑ Yes ® No
T f Work
Type oor
Estimate of Funding
_
(1)
Previous
Agreement/Su I.
(2) (3)
Supplement Estimated Total
Project Funds
(4)
Estimated Agency
Funds
(5) --
Estimated
Federal Funds
PE a. Agency
3,000.00
3,000.00
405.00
2,595.00
86.5 % b.Other Consultant
977,000.00
977,000.00
131,895.00
845,105.00
c. Other
2,000.00
_
2,000.00
270.00
1,730.00
Federal Aid
Participation d. State
18,000.00
18,000.00
2,430.00
15,570.00
Ratio for PE e. Total PE Cost Estimate a+b+c+d
1,000,000.00
1,000,000.00
135,000.00
_
865,000.00
Right of Way f. Aclency
2,255,623.00
250,000.00
2,505,623.00
338,259.00
2,167,364.00
86.5 % "ther
50 000.00
50 000.00
_ . 6 750.00
43 250.00
Federal Aid h. Other Eligible Non Federal Funds
Participation
64,84R00.__
K4,
-__.._64,848
Ratio for RW i. State
10,000_00
-.-__
10,000.00
1,350.00
8,650.00
'. Total RAN Cost Estimate f+ +h+i
Construction k. Contract
I. Other
m. Other
n. Other
% o.A enc
Federal Aid
Participation p. State
Ratio for CN q. Total CN Cost Estimate kd+m+nm
r. Total Project Cost Estimate e
The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition
to payment of the Federal funds obligated, it accepts and will comply with the applicable provisions.
Agency Official Washington State Department of Transportation
Liz
Lr
Title Mnynr Pro Tempore Director of Highways and Local Programs
Date Executed
DOT Form 140-041 EF
Revised 1/2007
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(36o) 876-4407 0 FAX (36o) 895-9029
Agenda Staff Report
Agenda Item No. Business Item 7H
Subject: Approval of Contract No. o67-io,
Authorizing the Mayor to Execute
an Agreement with CodePros for
Building Code Inspections Services
Meeting Date: November 9, 2010
Prepared by:
James Weaver
Development Director
Atty Routing No: 132-10
Atty Review Date: November 1, 2010
Summary: The City of Port Orchard was approached by CodePros regarding provision of
supplemental building inspection and plan check services. These services would be available to the
development community upon request via the Expedited Permit Process under Port Orchard
Municipal Code or to supplement vacancies due to sickness or vacation based upon the
Departments' reliance upon a single building inspector. The contract would allow an additional
option for needed building inspections during periods where the City Building Inspector is
unavailable. The resulting contract would ensure that the supplemental inspection or plan check
services provided by CodePros would be compliant with City code and similar for equitable services
provided by other contractors. The contract was reviewed by the City Attorney on November 1st,
2010.
Recommendation: Staff recommends approval of Contract o67-10, as presented, authorizing the
Mayor to sign a contract with CodePros
Motion for consideration: I move to approve Contract No. o67-1o, authorizing the Mayor to execute
an agreement with CodePros for Building Code Inspection Services.
Fiscal Impact: None.
Alternatives: Do not approve Contract No. o67-10
Attachments: Contract No. o67-10
CodePros Proposal
CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT
Contract No. 067-10
THIS Agreement is made effective as of the day of 2010, by and between
CITY OF PORT ORCHARD, WASHINGTON ("CITY")
216 Prospect Street
Port Orchard, Washington 98366
Contact: Mayor Lary Coppola
Phone:360.876.4407 Fax:360.895.9029
CODE PROS, LLC ("CONSULTANT")
P.O. Box 185
Allyn, Washington 98524
Contact: Michael J. Barth, Managing Member
Phone 360-801-0543, E-mail mbarthna,codeproswa.com
Tax ID No.:
for professional services in connection with the following Project:
On -call building inspection and plan review services.
TERMS AND CONDITIONS
Services by Consultant
A. Consultant shall perform the services described in the Scope of Work attached to this
Agreement as Exhibit "A." The services performed by the Consultant shall not exceed the
Scope of Work without prior written authorization from the City.
B. The City may from time to time require changes or modifications in the Scope of Work.
Such changes, including any decrease or increase in the amount of compensation, shall be
agreed to by the parties and incorporated in written amendments to the Agreement.
2. Schedule of Work
Consultant shall perform the services described in the scope of work in accordance with the Schedule
set forth in Exhibit A. If delays beyond Consultant's reasonable control occur, the parties will
negotiate in good faith to determine whether an extension is appropriate.
3. Compensation
Compensation for these services shall be in accordance with the fees schedule incorporated into
Exhibit A.
Page 1 of 8
4. Payment
A. Consultant shall maintain time and expense records and provide them to the City
monthly, along with monthly invoices in a format acceptable to the City for work performed to
the date of the invoice.
B. All invoices shall be paid by City warrant within sixty (60) days of receipt of a proper
invoice.
C. Consultant shall keep cost records and accounts pertaining to this Agreement available
for inspection by City representatives for three (3) years after final payment unless a longer
period is required by a third -party agreement. Copies shall be made available on request.
D. If the services rendered do not meet the requirements of the Agreement, Consultant
will correct or modify the work to comply with the Agreement. City may withhold payment for
such work until the work meets the requirements of the Agreement.
5. Discrimination and Compliance with Laws
A. Consultant agrees not to discriminate against any employee or applicant for
employment or any other person in the performance of this Agreement because of race, creed,
color, national origin, marital status, sex, age, disability, or other circumstance prohibited by
federal, state, or local law or ordinance, except for a bona fide occupational qualification.
B. Consultant shall comply with all federal, state, and local laws and ordinances
applicable to the work to be done under this Agreement.
C. Consultant shall obtain a City of Port Orchard business license prior to receipt of
written Notice to Proceed.
D. Violation of this Paragraph 5 shall be a material breach of this Agreement and grounds
for cancellation, termination, or suspension of the Agreement by City, in whole or in part, and
may result in ineligibility for further work for City.
6. Suspension and Termination of Agreement
A. This Agreement may be terminated by the City at any time upon the default of the
Consultant or upon public convenience, in which event all finished or unfinished documents,
reports, or other material or work of Consultant pursuant to this Agreement shall be submitted
to City, and Consultant shall be entitled to just and equitable compensation for any satisfactory
work completed prior to the date of termination, not to exceed the total compensation set forth
herein. Consultant shall not be entitled to any reallocation of cost, profit or overhead.
Consultant shall not in any event be entitled to anticipated profit on work not performed
because of such termination. Consultant shall use its best efforts to minimize the compensation
payable under this Agreement in the event of such termination. If the Agreement is terminated
for default, the Consultant shall not be entitled to receive any further payments under the
Agreement until all work called for has been fully performed. Any extra cost or damage to the
City resulting from such default(s) shall be deducted from any money due or coming due to the
Page 2 of 8
Consultant. The Consultant shall bear any extra expenses incurred by the City in completing
the work, including all increased costs for completing the work, and all damage sustained, or
which may be sustained by the City by reason of such default.
B. The City may suspend this Agreement, at its sole discretion, upon one week's advance
notice to Consultant. Such notice shall indicate the anticipated period of suspension. Any
reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's
reasonable expenses, and shall be subject to verification. The Consultant shall resume
performance of services under this Agreement without delay when the suspension period ends.
7. Standard of Care
Consultant represents and warrants that it has the requisite training, skill and experience necessary to
provide the services under this agreement and is appropriately accredited and licensed by all
applicable agencies and governmental entities. Services provided by Consultant under this agreement
will be performed in a manner consistent with that degree of care and skill ordinarily exercised by
members of the same profession currently practicing in similar circumstances.
8. Ownership of Work Product
All data materials, reports, memoranda, and other documents developed under this Agreement
whether finished or not shall become the property of City, shall be forwarded to City at its request and
may be used by City as it sees fit. Upon termination of this agreement pursuant to paragraph 6 above,
all finished or unfinished documents, reports, or other material or work of Consultant pursuant to this
Agreement shall be submitted to City. City agrees that if it uses products prepared by Consultant for
purposes other than those intended in this Agreement, it does so at its sole risk and it agrees to hold
Consultant harmless therefore.
9. Indemnification / Hold Harmless
Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers
harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out
of or resulting from the acts, errors or omissions of the Consultant, its agents, employees, or sub
consultants in performance of this Agreement, except for injuries and damages caused by the sole
negligence of the City. This indemnification and hold harmless shall apply regardless of whether the
claim is brought pursuant to the Worker's Compensation Act, RCW Title 51, or otherwise, and the
Consultant waives any immunity whatsoever with respect to such indemnification.
The City shall defend, indemnify, and hold the Consultant harmless for third party claims against the
Consultant arising from the enforcement of any of the City's Codes, as referenced in Exhibit A, which
are determined by a court of competent jurisdiction to be unconstitutional or otherwise invalid.
Nothing in this section shall be construed to create a liability or a right of indemnification in any third
party.
This section shall survive the expiration of this Agreement.
Page 3 of 8
10.Insurauce
The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims
for injuries to persons or damage to property which may arise from or in connection with the
performance of the work hereunder by the Consultant, its agents, representatives, or employees.
A. Minimum Scope of insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non -owned, hired and leased
vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01
or a substitute form providing equivalent liability coverage. If necessary, the policy
shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO occurrence form CG
00 01 or a substitute form providing equivalent liability coverage and shall cover
liability arising from premises, operations, independent contractors and personal injury
and advertising injury. The City shall be named as an insured under the Consultant's
Commercial General Liability insurance policy with respect to the work performed for
the City.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
4. Professional Liability Insurance appropriate to the Consultant's profession.
B. Minimum Amounts of insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less than
$1,000,000 each occurrence, $2,000,000 general aggregate.
3. Professional Liability insurance shall be written with limits no less than $1,000,000 per
claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions for
Automobile Liability, Professional Liability and Commercial General Liability insurance:
1. The Consultant's insurance coverage shall be primary insurance as respect the City.
Any insurance, self-insurance, or insurance pool coverage maintained by the City shall
be excess of the Consultant's insurance and shall not contribute with it.
2. The Consultant's insurance shall be endorsed to state that coverage shall not be
cancelled by either party, except after thirty (30) days prior written notice by certified
mail, return receipt requested, has been given to the City.
Page 4 of 8
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII.
E. Verification of Coverage
Consultant shall famish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured endorsement,
evidencing the insurance requirements of the Consultant before commencement of the work.
11. Assigning or Subcontracting
Consultant shall not assign, transfer, subcontract or encumber any rights, duties, or interests accruing
from this Agreement without the express prior written consent of the City, which consent may be
withheld in the sole discretion of the City.
12.Independent Contractor
Consultant is and shall be at all times during the term of this Agreement an independent contractor.
13. Notice
Any notices required to be given by the City to Consultant or by Consultant to the City shall be in
writing and delivered to the parties at the following addresses:
Lary Coppola
Mayor
216 Prospect Street
Port Orchard, WA 98366
Phone: 360-876-4407
Fax: 360-895-9029
14. Disputes
Michael J. Barth
CodePros, LLC.
P.O. Box 185
Allyn, WA 98524
Phone: 360-801-0543
Any action for claims arising out of or relating to this Agreement shall be governed by the laws of the
State of Washington. Venue shall be in Kitsap County Superior Court.
15. Attorneys Fees
In any suit or action instituted to enforce any right granted in this Agreement, the substantially
prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorneys fees
from the other party.
Page 5 of 8
16. Extent of AgreementfModifcation
This Agreement, together with attachments or addenda, represents the entire and integrated
Agreement between the parties hereto and supersedes all prior negotiations, representations, or
agreements, either written or oral. This Agreement may be amended, modified or added to only by
written instrument properly signed by both parties.
Date:
Date:
CITY OF PORT ORCHARD, CONSULTANT
WASHINGTON
Lary Coppola, Mayor Michael J. Barth, Managing Member
ATTEST:
Patricia J. Kirkpatrick, MMC, City Clerk
Page 6 of 8
EXHIBIT A - DESCRIPTION OF WORK
Scope of Services: CONSULTANT will provide inspection and plan review services to the CITY on
an as needed basis as directed by the CITY Building Official. The building code plan reviews will
encompass foundation, structural, plumbing, mechanical, accessibility, energy code and life safety
provisions. CONSULTANT will perform inspections and plan reviews per the Municipalities adopted
code amendments and ordinances. CONSULTANT is not obligated to perform services beyond what
is contemplated by this agreement. Any changes or additions to the scope of work shall be done only
in writing and shall specifically state the additional fees, if any, for such changes. CONSULTANT is
under no obligation to perform and will not perform any inspection services relating to site
infrastructure including roads, parking lots, landscaping, drainage or other matters not included as
building code issues. CONSULTANT will perform work at a level of competency in accordance with
industry standards. This contract is not designed to include complete project support services.
Time of Performance: CONSULTANT will perform the services commencing upon execution of this
contract. All plan review and inspections will be performed during normal business hours (8:00 am.
-5:00 p.m., Monday -Friday), unless agreed upon by both parties.
On -Call Inspections: Complete on -call inspections within 24 hours of CONSULTANT'S notification
by the City of Port Orchard.
Building Code Plan Review
We are able to commit to the following plan review schedule:
Project Size based on Valuation:
Plan Review time to first comments:
IRC Residential Projects
5 working days
IBC Small Commercial Project (Valuation < $2M)
10 working days
IBC Large Commercial Project (Valuation $2M - $10M)
20 working days
IBC Exceptionally Large Project (Valuation > than $10M)
30 working days
List of Inspections being provided as part of this contract:
Yes
No
®
❑
I Building Setbacks as approved by zoning official
®
❑
I Footings rebar
®
❑
I Foundation Walls rebar
®
❑
I Underground plumbing
❑
®
Under round electrical (inspections Performed by WA State Dept. of L&I
®
❑
Under -floor framing / concrete slab
®
❑
Shear -wall, hold-downs
❑
®
Rough electrical (inspections performed by WA State Dept. of L&I
®
❑
Rough plumbing
®
❑
Rough mechanical (HVAC, vents, exhausts, gas piping)
®
❑
Rough framing
®
❑
Insulation
®
❑
Drywall
®
❑
Commercial ceiling rid
N
❑
Fire-resistant assemblies and Penetration protection
❑
®
Final electrical (inspections performed by WA State Dept. of L&I
®
❑
Final plumbing
®
❑
Final mechanical
®
❑
Final building (including energy)
Page 7 of 8
CONSULTANT fees for this agreement will be:
Inspection Fee Schedule:
Inspections to be performed (8:00 a.m. -5:00 p.m., Monday -Friday)
Full Day -4 to 8 hours —
Half Day -2 to 4 hours $_
Quarter Day -0 to 2 hours $_
Plan Review Fee Schedule:
Plan Review Fee
$- per hour
Plan Revisions
$- per hour -pass through to applicant
Rates are all inclusive -no separate billing for mileage, vehicle expenses or material will be sent.
Invoice & Payment Structure: CONSULTANT will invoice the municipality on a monthly basis. All
payments are due to CONSULTANT within 30 days of invoice date.
State sales tax will be added to applicable items only.
Professional Services Agreement -Exhibit A
Port Orchard and CodePros, LLC.
Page 8 of 8
General Statement of Qualifications [SOQI
June, 2010
Prepared For The City of Port Orchard
Revised, Submitted: June 25, 2010
By:
CodePros, LLC
Michael J. Barth, M.C.P.
P.O. Box 185
Allyn, WA 98524
mbarth@codeproswa.com
TABLE of CONTENTS
BACKGROUND...........................................................................
3
WHOWE ARE...........................................................................
4
SERVICES....................................................................................
5
BUILDING CODE PLAN REVIEW ................................................
5
BUILDING CODE INSPECTIONS ................................................
6
COMPLETE PROJECT SUPPORT ................. I..............................
7
FULL -SERVICE BUILDING DEPARTMENT PROGRAM ..............................
8
QUALIFICATIONS...........................................................................
9
DETAILED SCOPE OF SERVICES.........................................................
11
BUILDING CODE PLAN REVIEW SCOPE .......................................
11
BUILDING CODE INSPECTIONS SCOPE .......................................
11
COMPLETE PROJECT SUPPORT SCOPE .......................................
12
FULL -SERVICE SCOPE.........................................................
12
GENERAL INFORMATION..................................................................
13
PERFORMANCE MEASURES.........................................................
13
REPORTING............................................................................
13
DOCUMENT RETENTION..........................................................
13
EDUCATIONAL RESOURCES..........................................................
14
INSURANCE............................................................................
14
FEE SCHEDULES...................................................................
14
PROPOSAL, CITY OF PORT ORCHARD .................................................
15
BACKGROUND
In today's economic environment, public agencies and communities are forced to
continually do more with less. Who isn't tired of that old cliche? Unfortunately in
today's government services, it is all too real. Elected officials face challenges unlike
anyone who came before them. To make ends meet, programs and customer services
typically suffer, yet the responsibilities of elected officials remain consistent or increase.
Building codes are adopted by the State of Washington, and enforcement and
implementation is mandated for each jurisdiction in the State. Historically, building
permit revenue along with general fund support typically funded local building
departments. In today's economic climate, that simply is no longer the case. Building
permit revenue in recent years has rapidly declined and general fund dollars are needed
elsewhere, yet the cost of providing building department services has typically
increased. The costs of personnel, benefits, vehicles, fuel, office space, and
information systems have all skyrocketed in recent years. To counter such cost
increases, many jurisdictions found it necessary to cut back on services and personnel.
However, the Washington State Building Code has certainly not cut back on
construction or inspection requirements. In fact, code requirements continue to
increase in response to new knowledge and the natural code evolution as a result of
historic failures and incidents of lost human life. Add to that the expectations of greater
energy conservation and sustainable approaches to building construction and what is
left are departments that can no longer afford to maintain the necessary complement of
personnel, expertise or resources required to run an effective, efficient, knowledgeable
building department.
CodePros offers effective solutions and service options to local towns, cities and
counties in a manner that assures a jurisdiction that the full intent of an effective code
implementation program will be satisfied, while the costs associated with maintaining
such will never exceed permit revenues, and the community will never again need to be
concerned that the unforeseen ups and downs of permit activity will detrimentally effect
service levels or available expertise.
How does CodePros do this?
Simple, CodePros can cross jurisdictional lines and provide services to numerous client
partners. By doing so, we can maintain the necessary expertise and spread it across a
larger area. A local community may only need an experienced, expert code official for a
small percentage of time, or a small number of projects. It may be that only once a
week, or once a month that the expertise of a fully certified, experienced mechanical
plans examiner is needed to determine code compliance of a complicated or complex
mechanical system, or likewise for a building, structural, plumbing, or energy code
expert. A jurisdiction may not be able to afford to keep so many experts available in-
house with limited workload.
With CodePros, a jurisdiction only pays for the services they use, typically based on a
percentage of permit fees to ensure that expenses never exceed revenue. When
volume is down, the jurisdiction isn't stuck paying for under-utilized personnel, benefits
or vehicles that are sitting idle, yet when activity is busy, they can still maintain a
superior level of customer service.
CodePros is a Washington Limited Liability Company, dedicated to providing excellence in
Building Department Services to our Washington State client partners. Our commitment is
to provide the expertise necessary to each partner jurisdiction to enable the jurisdiction to
serve its citizens with the highest level of competence and customer service available.
CodePros understands that each jurisdiction is unique,
and that each has its own political environment; yet a
commonality exists in that each jurisdiction desires an
effective code implementation program in a
Integrity
manner that recognizes the importance of code
enforcement's effect on the human life safety
of its citizens who occupy the built
Honesty
environment. CodePros is committed to
providing excellence in every service provided
and in every customer interaction experienced.
CodePros understands that growth of a community is dependent on effective, efficient
building department services and the health and safety of its citizens is paramount.
Whereas some in the industry have a reputation for being a roadblock to growth,
CodePros is committed to being a facilitator of safe projects, implementing the intent of the
adopted codes in the manner for which they were designed. Our goal is to assist
jurisdictions and project designers to get projects to "Approved."
CodePros maintains the highest levels of nationally recognized certifications and seeks
staff with the greatest levels of knowledge and experience so that our partner jurisdictions
can claim such excellence as their own. Our continued focus on employee training and
development assures that our staff members continue to seek knowledge and professional
growth. Happy, content employees are effective employees.
Our team has extensive experience in a wide variety of code application situations. We've
provided professional plan review services for hospitals, skilled care nursing facilities,
schools and universities, aircraft repair facilities, churches, large scale apartment and
condominium communities and countless retail, commercial and industrial projects, as well
as every form of residential project imaginable. We've managed and/or provided effective
and accurate inspection services for the same.
CodePros is local, with all efforts devoted to serving Washington jurisdictions and to the
success of local projects.
SERVICES
Building Code Plan Review
CodePros offers a reliable, timely, thorough plan review service for cities, towns, counties
and state agencies. CodePros plan review is performed by International Code Council
([CC) certified building, plumbing, mechanical and energy code plans examiners, assuring
the client that the review is performed to the highest standards of the industry, by the most
qualified and experienced plan examiners.
• CodePros plan review is utilized by jurisdictions that are experiencing a greater than
anticipated workflow and need the extra assistance without the need to add
additional employees for whom they would otherwise need to provide additional
resources and benefits.
CodePros plan review is utilized by jurisdictions that have large or complex projects
that require the additional expertise of plan review staff that have experienced
similar projects, and will have the necessary expertise to ensure the project design
satisfies adopted codes.
CodePros plan review is utilized by jurisdictions that experience a short-term need
for additional support due to staff vacations, absences, illness, or unforeseen
circumstances.
Each plan review performed includes verification of compliance with the Washington State
Building Code, as well as any locally adopted amendments. Each plan is checked for
compliance with the adopted building, plumbing, mechanical, fuel -gas and energy codes.
If desired by the jurisdiction, fire code review may be included.
Upon completion of the plan review, a comprehensive list of potential deficiencies and/or
questions is prepared in "plain English" with each identified issue fully described in detail
for easy understanding. In addition, the adopted code reference(s) for each issue is
provided to ensure the designer understands what may need to be adjusted, what
questions need to be answered, and why.
At the choice of the jurisdiction, CodePros will send a plan review letter directly to the
applicants, architects and engineers, and copy the jurisdiction, or simply provide the
response to the jurisdictional building official. When working directly with the applicants,
architects and engineers, CodePros ensures our staff is available to them for response to
questions and/or discussions of potential solutions.
Upon completion and approval of the final plans for a project, upon request, CodePros
prepares a detailed building inspection checklist for use by the jurisdictional inspector to
facilitate effective building inspections. Inspection checklists include details specific to the
project, and references to where key information items may be quickly located in the
approved plans.
SERVICES (CONT.)�,�
Building Code Inspections
CodePros offers a reliable, timely, thorough building inspection service for cities, towns,
counties and state agencies. CodePros building inspections are performed by
International Code Council (ICC) certified building, plumbing, mechanical and energy code
inspectors, assuring the client that the inspections are performed to the highest standards
of the industry, by the most qualified and experienced building inspectors.
• CodePros building inspections is utilized by jurisdictions that are experiencing a
greater than anticipated workflow and need the extra assistance without the need to
add additional employees for whom they would otherwise need to provide vehicles,
resources and benefits.
• CodePros building inspections is utilized by jurisdictions that have large or complex
projects that require the additional expertise of inspectors that have experienced
similar projects, and will have the necessary expertise to ensure the construction of
the project satisfies adopted codes.
• CodePros building inspections is utilized by jurisdictions that experience a short-
term need for additional support due to staff vacations, absences, illness, or
unforeseen circumstances.
Each building inspection performed includes verification of compliance with the
Washington State Building Code, as well as any locally adopted amendments.
Construction projects are checked for compliance with the adopted building, plumbing,
mechanical, fuel -gas and energy codes. If desired by the jurisdiction, fire code inspections
may also be included.
Upon completion of each building, plumbing, mechanical, energy or fire code inspection,
the jurisdiction is provided with a copy of the written inspection report that is prepared and
provided to the project representative on -site. Field inspectors prepare comprehensive
inspection reports in "plain English" with each identified issue described by location and in
full detail for easy understanding. Applicants and contractors are provided with contact
information to ensure they have access to CodePros staff to answer any questions they
may have following a building inspection.
In the event a situation cannot be immediately resolved or questions answered on -site,
due to limited resource availability, etc., additional research is performed by the building
inspector/building official and a complete answer, resolution, or suggestion is provided to
the applicant or contractor within 24 hours, with a copy provided to the jurisdiction.
SERVICES (CONT.)
Complete Project Support
CodePros offers a reliable, timely, thorough, specific building project support service for
cities, towns, counties and state agencies. CodePros project support includes complete
plan review and building inspection services for specific individual construction projects.
• CodePros project support service is utilized by jurisdictions that are experiencing a
greater than normal workflow and need the extra assistance and expertise for a
specific project proposed in their jurisdiction, without the need to add additional
permanent or temporary employees for whom they would otherwise need to provide
additional vehicles, resources and benefits.
• CodePros project support service is utilized by jurisdictions that may not have
adequate "in-house" expertise for a large or complex project that requires
considerable project specific knowledge to ensure code compliance.
• CodePros project support service is utilized to assure a community and/or a project
proponent that the significant project will be provided excellent customer service
and the greatest level of knowledge, expertise and experience that may not
otherwise be available through the jurisdiction.
Significant projects often stretch the limited abilities and resources of a local jurisdiction's
building department. Utilizing CodePros' "Complete Project Support" service allows a
jurisdiction the opportunity to provide a large project with excellent plan review and
inspection services and the highest level of customer service available. Meanwhile, as the
significant project's service needs are being fully satisfied by CodePros, the jurisdiction is
afforded the opportunity to continue to focus its energies and resources on customer
service for its regular day-to-day customers.
CodePros has the resources, knowledge, expertise and experience required to serve
complete building projects, assuring the client that the review and inspections are
performed to the highest standards of the industry. Our team of International Code
Council (ICC) certified building, plumbing, mechanical and energy code plans examiners
and inspectors have extensive experience in performing professional plan review and
inspection services for significant projects, including hospitals, skilled care nursing
facilities, schools and universities, aircraft repair facilities, large scale apartment and
condominium communities and countless retail, commercial and industrial projects.
Complete project support service provides a jurisdiction with all the necessary documents
to indicate compliance with the Washington State Building Code, as well as with local
amendments, for a specific project from pre -application to project completion. Included are
all plan review results and correspondence, permit documents, project inspection reports,
engineer's revisions, required special inspection verification and documentation, along with
any other project specific documents.
SERVICES (CONT.)
Full Building Department Service
CodePros offers an unparalleled "full -service," building department service for Washington
cities, towns, and counties, where all the various needs of a local jurisdiction's code
implementation responsibilities are satisfied by CodePros.
• CodePros full service is utilized by jurisdictions that want to ensure that the costs of
maintaining an effective building department never exceed building permit
revenues.
• CodePros full service is utilized by jurisdictions that understand the importance of
efficient, effective code implementation for human life safety and the health and well
being of its citizens, as well as the protection of property values and a beneficial
sense of community.
CodePros full service is utilized by jurisdictions that expect its citizens to be
provided with the greatest level of customer service available in the industry.
CodePros full building department service provides a community with all the features of a
typical "in-house" building department, without the threat of building department
expenditures ever exceeding building permit revenue.
Full -service clients are provided complete building official services by International Code
Council certified building officials who maintain active certifications in each of the code
disciplines, have extensive experience, and are active in the local, state and national code
development processes.
CodePros' full -service clients receive the full complement of services including:
• Building plan review;
• Permit processing and documentation;
• Building inspection services;
• As well as complementary services such as:
o Building code ordinance drafting and/or review;
o Code interpretations;
o Alternate method and material evaluations;
o Emergency management participation and response;
o Attendance at pre-application/pre-construction meetings;
o Attendance as required at staff meetings and/or council meetings, etc
o Permit technician training and guidance;
o Customized handouts, educational brochures and forms.
STAFF QUALIFICATIONS
Michael J. Barth. M.C.P.
Position: CodePros, LLC., President, Chief Building Official
Qualifications/ ICC Certified Master Code Professional (MCP)
Certifications: ICC Certified Building Official (CSO)
ICC Certified Building Code Official
AACE Code Enforcement Administrator
AACE Property Maintenance & Housing Inspector
ICC Accessibility InspectorrPlans Examiner
ICC Building Inspector
ICC Building Inspector UBC
ICC Building Plans Examiner
ICC Building Plans Examiner UBC
ICC Combination Inspector
ICC Commercial Combination inspector
ICC Commercial Electrical Inspector
ICC Commercial Energy Plans Examiner
ICC Electrical Inspector
ICC Fire Inspector I
ICC Mechanical Inspector
ICC Mechanical Plans Examiner
ICC Certified Mechanical Code Off',cial
ICC Plumbing Inspector
ICC Plumbing Plans Examiner
ICC Certified Plumbing Code Official
ICC Property Maintenance & Hous ng Inspector
ICC Certified Housing Code Official
ICC Residential Combination Inspector
ICC Residential Electrical Inspector
Washington Emergency Management Division,
Incident Command Systems — Intermediate & Advanced
Emergency Management Institute, (EMI-FEMA)
Incident Command System, Nationa, Incident Managemert System (NIMS)
PI'ofessional President / Chief Building Official
Experience: CodePros, LLC.
2010 to Present
Chief Building Official / Washington Operations Manager
SAFEbuilt Washington
2008 to 2010
Chief Building Official
Kitsap County, WA
2001 to 2008
Plans Examiner
Mason County, WA
1999 to 2001
Code Enforcement Officer
Decatur, AL
1997 to 1999
STAFF QUALIFICATIONS (CONT.)
Project Skilled Nursing Living Center — WA Veteran's Home, Port Orchard, WA
Highlights:Q172,000 sq.ft., 2 story + Basement, 240 units
Group 1-2 occupancy, Type I -A construction, Seismic D,
Senior Living Center— Vintage at Silverdale, Silverdale WA
140,000 sq. ft., 4 story + basement
Group R-2/A-2 occupancies, Type V-A construction, Seismic Dz
Hospital - Coulee Medical Center, Grand Coulee, WA
68, 000 sq. ft., t story
Group 1-2 occupancy, Type li-A. construction, Seismic D,
University — CWU Hogue Hall Expansion, Ellensburg, WA
61.400 sq.ft.. 4 story + basement
Group B (university) occupancy, Type II-B construction, Seismic D,
Educational • Kingston High School, Kingston, WA
110, 000 sq. ft., 2 story
Group E r A-3 / A-4 occupancies, Type II -A construction, Seismic Dz
Hotel — Oxford Suites, Silverdale, WA
55, 000 sq. ft.. 4 story + basemert
Group R-1/A-2 occupancies, Type V-A construction, Seismic D2
Medical Center — Doctor's Clinic, Silverdale, WA
56, 000 sq. ft., 3 story
Group B occupancy. Type V-A construction, Seismic D2
Numerous Apartment and Condo Complexes — Multiple locations
Up to 5 story, mixed use with retail and office at grade level
Group RIM'B occupancy, Type V-AIII-A construction, Seismic D,, D, and C
Numerous Commercial, Industrial, Assembly, Government, and Aircraft
Repair Hanger Facilities
Affiliations:
ICC
WABD
AACE
WA-SBCC
OPCICC
14AHR
International Code Council
Washington Association of &.iildirg ONcials
American Association of Code Enforcement
Technical Advisory Group Member, WA Stele Buildirx Code Counci
Past President, Olympic Pen ncula Chapter ICC
(fonrer mernher) National Association of Home Ri ildars
°a°Lsr1j Agra Urllae of Br ddio��
4
M np i� �wM
DETAILED SCOPE OF SERVICES sammg„wtl
Plan Review Service
CodePros will:
o Review construction plans of residential and commercial buildings to determine compliance with the
Washington State Building Code and any local building code amendments. Projects include, but are
not limited to: single- and multi -family residential construction; commercial buildings; tenant
improvements in existing commercial buildings; new decks, porches, carports, and garages; pole
barns and agricultural buildings; and existing home upgrades, basement finish, interior and exterior
remodels, repairs and additions.
o Customize plan review format to include local code amendments and/or special project needs
o Perform the following reviews: building code, accessibility, mechanical, fuel gas, plumbing, means of
egress, structural design, and energy code
o Determine the use and occupancy group classification
o Determine the type of construction and verify applicable area limitations
o Determine if the construction plans and design documents conform to the required strengths,
stresses, strains, loads, and stability of adopted building code requirements and any applicable local
amendments.
o Interpret building code requirements and recommend options of how to achieve compliance
o Interpret administrative and legal permitting requirements and assist applicants and jurisdictions in
understanding such.
o Identify and/or question pertinent zoning issues or potential problems pertaining to other local laws
and ordinances (Coordinate with local land -use planner)
o Coordinate review with the local fire code authority (or perform if included)
o Identify timeframes and schedule reviews to satisfy maximum time schedules
o Monitor and report satisfaction of timeframes
o Provide the necessary and appropriate expertise to assure code compliance
o Obtain additional resources as needed to ensure reviews are on schedule.
o Identify significant issues in writing and identify applicable code sections
o Provide comment letter copies to all applicable parties, including applicants, architects, engineers,
other design professionals and the jurisdiction
o Address minor or insignificant issues or comments either within the comment letter or via phone
and/or "red -lined" on plans.
o Review subsequent revisions in response to the first comments
o Provide a cover letter identifying code compliance upon approval of the final, approved design
documents.
Building Inspection Service
CodePros will:
o Coordinate inspection requests
o Perform inspections of residential and commercial buildings and sites to determine that construction
activity complies with approved plans and/or applicable codes and ordinances
o Perform all inspections as required by the adopted codes and local amendments
o Observe safety precautions and procedures and immediately report potentially unsafe conditions
o Provide training to inspectors on local codes and code amendments
o Provide on -site inspection consultation to applicants, homeowners and contractors
o Identify and document conditions that are not compliant with the approved plans and/or adopted
codes, provide a written inspection report
o When appropriate, suggest alternate means or methods to achieve compliance
o Provide a copy (either on paper or electronically) to the jurisdiction for the permit record
o Issue stop -work orders when appropriate for illegal or dangerous building activity
o Notify jurisdiction of any other observed code enforcement or local code violations.
DETAILED SCOPE OF SERVICES (CONT.)
Project Support Services
CodePros will:
o Attend pre -application and pre -construction meetings with the jurisdiction and applicants, contractors
and other interested parties
o Perform complete plan review service for the project
o Includes all items identified in Plan Review Service
o Review all permitting documents to ensure accuracy and code compliance
o Perform complete building inspection service for the project
o Includes all items identified in Building Inspection Service
o Includes multiple inspections as a result of project phasing
o Notify jurisdiction of regular progress and project status
o Verify that all (IBC Chapter 17 required) special inspection reports are received and indicate
compliance with appropriate requirements
Full Building Department Service
CodePros will:
o Attend pre -application and pre -construction meetings with the jurisdiction and applicants, contractors
and other interested parties
o Perform complete plan review service for all projects
o Includes all items identified in Plan Review Service
o Perform complete building inspection service for all projects
o Includes all items identified in Building Inspection Service
o Issue certificates of occupancy for completed projects
o Monitor code development proceedings for changes to adopted codes, review and recommend
adoption of State codes and potential amendments
o Prepare first drafts of building code adoption ordinances and related resolutions
o Observe jurisdictional properties for potential building code violations; investigate complaints
concerning building code violations, issue stop work orders when necessary, follow-up with identified
violations to assist efforts to bring the property into compliance
o Enforce adopted codes with regard to abatement of dangerous buildings, coordinate enforcement
actions with the city attorney
o Document violations of adopted codes utilizing written records, digital photographs, electronic
communications or other appropriate means
o Apply the provisions of the Existing Building Code as adopted by the State of Washington in regard
to existing and/or historic structures
o Provide code interpretations and professional opinions
o Process alternate method and materials requests and make determinations of code acceptance
o Participate in the development and implementation of jurisdictional goals, objectives, and policies
o Communicate effectively with citizens to answer questions, address concerns and provide
educational materials
o Communicate and coordinate efforts with professional partner employees, service providers, and
other jurisdiction staff, elected officials and other agencies
o Communicate with the construction community, builders, developers, home owners and community
citizens
o Attend city/town staff meetings and/or council meetings as necessary
o Provide regular status and activity reports
o Develop, provide and maintain necessary departmental forms, letter templates, and brochures
o Maintain proper legal records, provide document storage, and respond to public disclosure records
requests
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (36o) 895-9029
Agenda Staff Report
Agenda Item No. Business Item 7I Meeting Date: November 9, 2010
Subject: Approval of the South Kitsap Water Prepared by: Allan Martin
Reclamation Facility's toll Budget Mark Dorsey
Atty Routing No: NA
Atty Review Date: NA
Summary: The purposed 2011 South Kitsap Water Reclamation Facility Budget is presented for
Council approval. The proposed budget reflects $2,704,700 in revenues (not including grants),
inclusive of the City's contribution of $too,000 and $1,285,100, totaling $1,385,ioo. The
expenditure budget is $1,896,9oo. The capital Improvement portion of the budget is $95,000.
West Sound General Manager Larry Curles, P.E. provides a presentation on upcoming District
initiatives in 2011.
Recommendation: Staff recommends approval of the 2011 South Kitsap Water Reclamation
Facility Budget.
Motion for consideration: I move to approve the 2011 South Kitsap Water Reclamation Facility
Budget.
Fiscal Impact: The City has 4,981 Equivalent Residential Units (ERU) which is forty-eight
percent of the flow. The ERU cost increases from $19.00 to $21.5o/ERU. For
2011, the City and District each designated $1.75 per ERU per month out of the
sewer rates billed to customers for maintenance, operation, equipment
replacement and specific projects. The City obligation will be $1,285,100 for
2011; and paid on a monthly basis.
Alternatives: Reject the proposed 2011 Budget and request revisions pursuant to Council
guidance.
Attachments: 2011 South Kitsap Water Reclamation Facility Budget.
SKWRF 2011 BUDGET SUMMARY
20-Oct-10
REVENUE (Based on $21;50 ERU)'
EXPENSES
SUBTOTAL
CAPITAL IMPROVEMENTS
SUBTOTAL-
DEBT PAYMENT
SUBTOTAL
$200.000 FCF Contribution
SUBTOTAL
CONTRACT OPERATIONS
State Parks Revenue
TRANSFER FROM GENERAL FUND
SUBTOTAL
LEACHATE IS USED FOR:
Leachate Revenue
Rebuild One Secondary Clarifier
Deck Coating
Sub Total
$2,704,700
$1,896900
$807,800
$95,000
$712,800
$971,000
($258,200)
$200,000
($58,200)
$48,000
$10,200
$0
$139,000
$64,000
$75,000
REQUIRES $200,000 FROM THE FCF FUNDS
REQUIRES $66,000 ANNUAL ASSESSMENT (District) TO EQUIPMENT REPLACEMENT FUND
REQUIRES $59,772 ANNUAL ASSESSMENT (City) TO EQUIPMENT REPLACEMENT FUND
SKWRF Budget 2011 20.Oct-10
REVENUES
Account Number
Name
Operations
4000
5000
West Sound Utility District
$1,419,000
-4600
6000
- City. of Port Orchard -..` -
$1ABE000-
4210
1000
Transfer of Funds, District
$106.000
4210
2000 -
Transfer of Funds, City
$100,000.
'4740
1000
Mlsoallaneous Revenue
- $0
4740
2000
Septic Tank Waste
$0
4740
3000
Leachate Treatment
$0
4740
4000
Lab Analysis
$500
4740
6000
Equipment Leased
$0
4760
3000
Grants
4200
0000
Deposition of Property
$100
5017
0108
Salaries
$635,300
5017
0110
Salaries -Overtime
$30.000
5017
0113
Salaries -Standby Pay
$10,950
5017
0408
Employee Benefits -Pensions
$48,700
5017
0480
Employee Benefits -Medical Insurance
$118,500
5017
1100
(Blosolids Removal}Trash Removal
$500
5017
1120
Blosollds Removal -Sludge Disposal
$87,000
6017
1140
Blosolids Removal-Dlgester Cleaning
$8,000
6027
2500
Outside Servict s Maintenance of Equipment
$15,000
5027
2510
Outside Services -Maintenance Structures
$3,000
5017
1503
UBllles-Commicallon Servkas-Telephone
$8,000
5017
1512
1.1t0l6es-Pover-Facitity
$200,000
5017
1515
UtAt&es-Natural Gas -Facility
$16.000
5017
1517
Utilities-Water-Faciilty,
$9,000
5017
1800
Chemcials-Polymers
$40,000
5017
1805
Chemicals -Chlorine
$15,000
5017
1807
Chemicals -Miscellaneous
$14,000
5017
3012
Employee -Uniform
$3,000
5017
4500
Membership -Dues
$1,700
5017
6008
Public Notices/Adverllsanents
$3,000
5017
6708
State Auditor
$0
6017
7501
Reserve Budget
$5,000
5017
7600
Faeliity-Permits/Ummesllnspections
$20.000
5027
2542
Repair and Maintenance -Vehicles
$2,500
5027
4202
Rental Equipment
$4,000
5027
7006
Ground Maintenance
$7,000
5017
20DO
Supplles-Laboratory
$20,500
5017
2001
Supplies -General Office Operating
$19,000
5017
2009
Supplies -Postage
$11,200
SM7
2080
Supplies -Safety
$7,000
5027
2002
Supplles-Materials Strugtures-Equipment
$85,000
5027
2004
Supplles-General Maintenance
$5,000
5027
2020
Supplies -Small Tools/Small Equipment
$6,000
5017
2300
Computer Software
$13.000
5017
2305
Annual Software Mainleance
$13,000
5017
2415
Computer Hardware
$7,000
5017
3108
Conlactural Services -Engineering
$0
5017
3208
Conracual Services -CPA -Financial
$4,500
5017
3308
Conlractural Services -Legal
$1,000
5017
3508
Contactual Services -Computer Assistance
$1,000
5017
3550
Contractual SeMces-WSUD Support
$21.000
5017
3552
Contractual Services -Lab Analysis
$27,000
5017
3554
Contractural- Temp Personnel
$59,000
5017
3556
Conlractural Services-WSUD Management
$22,600
5017
4008
Lubes"ls/Fuels/Propane
$4,000
5017
5000
Vehicle Expense- Fuel
$5,000
5017
6018
Outreach and Public Education
$4,500
5017
5010
Employee -Travel
$8,000
5017
5015
Employee -Seminars & Education
$7,000
5017
5020
Employee -Meal Expenses
$1,700
5017
5601
Insurance - General Liability & Bonding
$45,000
5017
5808
Workman Comp
$23,550
5082
0000
FICA Employer
$53,200
5082
1000
State Unemployment Tax
$5,000
5082
2000
Excise Tax
$43,000
5273
0000
Equipment Replacement
$80,000
5270
0000
PWTF Interest Expense
-. $68,460,
-2240
4000
PWTF-Notes
Payable {Principle)
-- '$912,800
Capital Improvements
Repair Upper Drivevray
$30,000
Design Admin Well
$10,000
Amlion Basin; Replace Heads
$30.000
Pickup Truck
$25,000
Leachale Funded Improvements
Contract Operations
Revenue $139.000
1051 5014 Rebuild The Other Secondary Clarifiers $64,000
Concrete Coating and Crack Repairs $75,000
4005
7100
ILA Alderbrook Revenue
$17,000
4005
7200
ILA State Parks Revenue
$31,000
5017
0108
Salaries -Parks Monitoring
$7,750
5270
1010
Contract Operations Alderbrook
$20,000
5270
1020
Contract Operations State Parks
$5,000
Contract Operations Revenue $48,000