03/17/2009 - Work Study - PacketCITY OF PORT ORCHARD
CITY COUNCIL
216 Prospect Street, Port Orchard, WA 98366
(36o) 876-4407 • FAX (36o) 895-9029
AGENDA
March 17, 2009- Work Study Session
i. Discussion: School Impact Fees
2. Update: McCormick Woods (Weaver)
a. Review Storm Water & Parks Interlocal
Agreements (Jacoby)
3. Update: Bethel Annexation (Weaver)
4. Update: Tremont Widening (Dorsey)
a. TIB Status
5. Spring/Fall Cleanup Dates (Tompkins)
6. Update: Short Plat - Sidewalks (Weaver)
7. Update: Shoreline Management Plan (Weaver)
Materials for each item will be distributed to Council Members in advance and will be
available to the public upon request to the City Clerk's Office (360) 876-4407. The City Council
may consider other ordinances and other matters not listed unless specific notification period
is required.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
ADOPTING A SCHOOL IMPACT FEE AND AMENDING PORT
ORCHARD MUNICIPAL CODE CHAPTER 16.70 "IMPACT FEES —
GENERAL PROVISIONS"
WHEREAS, on , 2009 the City Council adopted Ordinance No. —
the City of
Port Orchard's Comprehensive Plan; and
WHEREAS, the Capital Facilities Plan contains the data and formula for calculating the
financial impact of each new residential unit upon the South Kitsap School District; and
WHEREAS, the City Council has determined that it is sound public policy to adopt a school
impact fee in order to help mitigate the financial impact to the South Kitsap School District that is
caused by new residential development; and
WHEREAS, on , 2009 the City Council held a duly noticed public hearing on the
adoption of a school impact fee; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN
AS FOLLOWS:
SECTION 1. The title of Port Orchard Municipal Code Chapter 16.70 is hereby amended to
read as follows:
Chapter 16.70
Impact Fees
SECTION 2. Port Orchard Municipal Code Chapter 16.70 is hereby amended by adding a
new section to read as follows:
16.70.160 School impact fee - imposed
There is hereby imposed a school impact fee in the amount of
$1,096.25 for each single-family residential unit and $632.45 for
each multifamily residential unit. The timing for payment of the
school impact fees shall be in accordance with the provisions of
POMC 16.70.060.
SECTION 3. Port Orchard Municipal Code Chapter 16.70 is hereby amended by adding a
new section to read as follows:
Ordinance No.
Page 2 of 2
16.70.160 School impact fee — payment required prior to
permit issuance.
School impact fees shall be paid directly to South Kitsap School
District. Proof of payment directly to the school district shall be
provided to the city prior to issuance of the permit/approvals set
forth in POMC 16.70.060.
SECTION 3. If any section, sentence, clause or phrase of this ordinance should be held to
be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity of constitutionality of any other section, sentence,
clause or phrase of this ordinance.
SECTION 4. 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 day of 2009.
Lary Coppola, MAYOR
ATTEST:
Patricia Kirkpatrick, City Clerk
APPROVED AS TO FORM: Sponsored by:
Gregory A. Jacoby, City Attorney
, Councilman
�c ` J ANNEXATION REQUEST BOUNDARY'
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ANNEXATION REQUEST BOUNDARY
Return Address:
IIIIIIII 1�1 III IIIII III III II III1020020002 &2 58P
MCCORMICK LAND CO RGMT $47.60 Kitsap Co, WA
McCormick Land Company
4978 SW Lake Flora Rd
Port Orchard, WA 98367
AUDITOR/RECORDER'S INDEXING FORM �
Document I. Development Agreement
Titles :
�+60+w1 Wvj
Reference Number(s) of Documents assigned or
released:
NA
Granter(s) 1. Kitsap County
Additional names on page o
current.
Grantee(s) I. GEML LLC
Additional names on page ofoocatnrw
Legal Portions the NE and Sr -an SW
Description: the SW quarter and io o e ,
(abbreviated) I East, Willamet ian, ' sa
a s the NW quarter and portions of the NF, and SE quarters of
quarter of the SE quarter of Section 5, Township 23 North. Range
'ounty, Washington
Additional legal is on es of document.
Assessor's Prope x a e cc tuber:
052301-2-012-2005, 052301-2-025-2000, 052301-3-037-
2004, 052301-4-017-2006,052301-4-018-2005
RESOLUTION 15 5 - 2005
A RESOLUTION RECOGNIZING THE ADOPTION OF DEVE
AGREEMENTS ASSOCIATED WITH THE MCCORMICK NORTH
AND THE MCCORMICK URBAN VILLAGE
WHEREAS Kitsap County Code Section 21.04.110(D) aut
Board of Commissioners to approve development agreements under
and 1�
WHEREAS RCW 36.70B.170, et. seq., authorizes court�i to
agreements with owners of real property"; and
the
70 et. seq.;
WHEREAS RCW 36.70B.200 requires that (Ounty appr e a development agreement
by ordinance or resolution after a public hearing an llows a he 'n examiner to conduct that
public hearing; and
WHEREAS GEM 1, LLC, by through its agen , McCormick Land Company,
requested approval of, inter alia, the Mc k North Master Plan, the McCormick Urban
Village Open Space, Parks and Recreation and the McCormick Urban Village
Transportation Plan, along with three assoca�fe2l�tev ent agreements described as follows;
(1) Development Agreement for
2) to be executed bei*een )
District, and �
(2) Development A@
Urban Villa/gee) to
(3) Developnreiit Ajg
r McCormick North Master Plan Phase
GEM 1, and the South Kitsap School
Space, Parks and Recreation (for McCormick
. een Kitsap County and GEM 1, and
msportation (for McCormick Urban Village) to be
and GEM 1; and
Ana A7an
County Hearing Examiner held open record public hearings on
November 18, 2 ber 92004, and the Kitsap County Board ofCommissioners
held closed recor gs on March 14, 2005 and on April25, 2005 regarding, inter
alia, the appro o end the development agreements; and
wti AS th itsap County Board of Commissioners issued a final written decision
on May 2 ed hereto as Exhibit A) formally approving all three development
agree as well as the plans and associated applications.
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NOW THEREFORE, BE IT RESOLVED:
The Kitsap County Board of Commissioners recognizes the May 9, 2005 approvals of the
Development Agreement for Stormwater, the Development Agreement for Open Space, Parks,
and Recreation, and the Development Agreement for Transportation.
IN-; ,T E
5
ATTEST:
y
O
Op 1 Robertson
Clerk of the Board
0
O
BOARD OF COUNTY
Chair
Jan
Patty Lent,
0
a
COPY
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p
DEVELOPMENT AGREEMENT FOR STORMWATER
THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into between Kitsap
County, a Washington municipal corporation ("the County"), the South Kitsap School District
("the School District") a Washington municipal corporation, and GEM 1, a Washi g!�ton limited
liability company, as Assignee of McCormick Land Company, hie. (hereinafter for purposes of
this Agreement "GEM I")• \\ \\
RECITALS
WHEREAS, GEM I is the owner and developer of a parcel oU
County known as the Bailey Creek subbasin, which is a portion of a
Kitsap Urban Growth Area known as McCormick North. The Ba' e
in the general vicinity of Old Clifton Road and Feigley Road, d is
attached as Appendix A; and
WHEREAS, the School District is in the
1 and such other lands within the Bailey Creek si
shown on Appendix A and described in Appendix B;
WHEREAS, GEM 1 is in the pro c s of
portions of the Bailey Creek subbasin whic t v
and the GEM 1 Development, described in Ap
Master Plan approval under Application 0
development of McCormick North Phas=
County Code Chapter 17.428, whi' h incl
of acauiri
(the
the South
is located
site plan
in property from GEM
Site") as illustratively
paring -plans- for the development of those
(the School Site, described in Appendix B,
x C), and has submitted an application for
("Master Plan Application") for the
North Phase II"), pursuant to Kitsap
0 Creek subbasin; and
WHEREAS, GEM 1 inten t cori uc a regional stormwater control facility (the
"Regional Stormwater Facility" t rovide stormwater runoff quantity control and
stormwater runoff quality trea nt or a anticipated development in the portions of the
Bailey Creek subbasin at bel to G 1 and its successors, including the School Site and
land to be dedicate 1 ap County for Right -of -Way commonly known as
relocated Feigley R a s to ppendix A; and
WHERE has applied for a Site Development Activity Permit under
Application No. 0 18 5 (" Application" or "SDAP Permit") for the construction of the
Regional Stormwater ci 't as well as construction of the relocation of Feigley Road together
with its Mast p ion for McCormick North Phase II. The construction plans and
analysis ("C tructio"Plans") for the SDAP Application are required to be prepared and have
been prepare rsuan t with Title 12 of the Kitsap County Code by Norman L. Olson II, P.E.,
a civil e e 'c a in the State of Washington ("Olson"); and
REA�, in accordance with Title 12 of the Kitsap County Code, a technical study of
Stormwater Facility ("Technical Study") has also been prepared by Olson and was
P GEM 1's SDAP Application. When the Technical Study and the Construction
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f 18MCCORMICK LAND CO 9
RGMT $47.60 Kitsap Co, WA
Plans have received final approval by Kitsap County, it will serve as the basis for the design and
construction of the Regional Stormwater Facility, and
WHEREAS, Kitsap County is reviewing GEM 1's SDAP Application for compliance
with Title 12 of the Kitsap County Code and all other relevant requirements current" effect as.
of the date of application for the SDAP; and
WHEREAS, construction by GEM 1 of a Regional Stormwater Faci i r the alley
Creek subbasin and construction by GEM 1 of the intersection of Old Cli and re ted
Feigley Road provides a public benefit to the County in that (i) GEM 1 1 be;sem,
expe of
relocating Feigley Road, which will provide an improved public tran o tion and (ii)
GEM 1 will bear the expense of constructing a Regional Stormwat a ill provide
stormwater management through a combined stormwater facilityl ies and the
public road system in lieu of individual stormwater systems; and
WHEREAS, allowing the School District toCa
e Re ' naI onnwater Facility as
provided herein will make it more economically fd efore more likely, that the
School District will be able to construct needed schoe So Kitsap County; and
WHEREAS, the School District and GEM 1 to that development of their
respective properties in the Bailey Creek subhosin will occur over a period of years, and
WHEREAS, the parties wish to havesurance that if the Regional Stormwater
Facility is constructed, it will be usable f the ut velopment of the GEM 1 properties in
the Bailey Creek subbasin, including the o ; an
WHEREAS, RCW 36 70�17ket. e thorizes counties to enter into development
agreements with owners of real ro to lish, among other things, the "development
standards and other provisions all a to and govern and vest the development" as well
as a "build -out or vestin�peno or app c ble standards."
OAGREEMENT
NOW, THE unty, the School District, and GEM I agree as follows:
GEM nand, Construction of Regional Stormwater Facility: GEM I has
deli an i construct a Regional Stormwater Facility for the portions of the Bailey
Cree ubbasin t at it owns, including the School Site and land to be dedicated to the
Coun -of-Way. Such design and construction shall comply with the standards
c a e itle 12 of the Mtsap County Code and such other applicable Kitsap County
deve t regulations in effect at the time that GEM 1 applied for a SDAP Permit for
e cons ction of the Regional Stormwater Facility. The capacity of the Regional
Stqm�water Facility shall be determined based on the Technical Study prepared by Olson
Apo pproval by the County.
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CO RGMT $47.GO Kitsap Co, WR
For purposes of this Agreement, "Regional Stormwater Facility" shall mean the
stormwater runoff quantity control and stormwater runoff quality treatment facilities and
associated conveyance facilities to be constructed pursuant to Site Development Activity
Permit Application No. 0418785 located within easements or tracts dedicated to Kitsap
County.
2. County Review and Approval of Regional Stormwater Facility: The ty will
review and approve, with conditions as appropriate, the Regional Sto i 'ty if it
complies with the standards contained in Title 12 of the Kitsap Cou de ther
applicable Kitsap County development regulations in effect at the I sub i ted
its SDAP Application. Approval is further contingent on GE btainin ast Ian
approval for McCormick North Phase II.
3. Determination of Capacity of Regional Stormwater Fa i ity — of 't As part of
the design of the Regional Stormwater Facility, the Sch o Distric as determined that
the following development represents the max' evel the School Site for
stormwater control purposes:
3.1 25 acres of impervious surface;
3.2 13 acres of underdrained or all weather e an
3.3 21 acres of pervious surface./-,
5.
These surface areas are assumed
determining total capacity of the Re
be entitled to use the Regional En
Site; provided, however, to the ethe School District shall I�ieIII
the time of application for vel(
Section 6.3 below. The
Master Plan for McCo o
effect at the tim an application r
for stonnwat n� q t
in Title 12 o the Kitcarlr..o GAF
Technical Study prepared by Olson in
a] o water Facility. The School District shall
Iva F ty for any development on the School
de lopment exceeds the above surface areas,
o y with all stormwater regulations in effect at
permit except as otherwise set forth under
on the School Site must also comply with the
>e II and all applicable development regulations in
elopment is submitted, excluding the requirements
and stormwater runoff quality treatment set forth
Letermi i of City of Regional Stormwater Facility —Roads: The total
capacity o �(sMan>d
Stormwater Facility shall include the amount of stormwater
runoff from ro to be dedicated to the County for Right -of -Way.
�tio f Capacity of Regional Stormwater Facility —GEM 1 Development:
al] b ntitled to develop its property in the Bailey Creek subbasin using the
ater Facility to the extent that the demand on the Regional Stormwater
es not exceed the total capacity of the Facility after deduction of the capacity
the School District pursuant to Section 3 and to roads and dedicated land
Section 4, above, so long as such development complies with the Master Plan
nick North Phase II and all applicable development regulations in effect at the
ziplication for development is submitted, excluding the requirements for
runoff quantity control and stormwater runoff quality treatment set forth in
IIIIII (IIII IIIIII IIIII IIIII IIIIII IIIII III IIIII IIII IIII 10g 0 2005 f IsMCCORMICK LAND 5 P9
CO AGMT $47.60 Kitsap Co, WA
Title 12 of the Kitsap County Code. Total capacity includes the development of the
School Site identified in Section 3 of this Agreement and the runoff from roads identified
in Section 4 of this Agreement.
6. Development Limits: GEM 1 and the School District shall be permitted to elop their
properties in the Bailey Creek subbasin without the construction of additional t water
runoff retention/detention or water quality control facilities, except as e ' e vided
herein, so long as:
6.1 The total square footage of development allowed on'�Scho(, )te shai not
exceed the square footages set forth in Section 3, above. )
6.2 The total development allowed on the GEM 1 p ope t�la ley Creek
subbasin, not including the School Site, shall not e c ed the c pacrty determined
pursuant to Section 5, above.
6.3 Both GEM 1 and the School Distri t ay utilize t hniques for reducing total
stormwater runoff as may be allowed by Kits ounty Co a such as the use of pervious
surfaces, infiltration systems, or other such m o of r ing total stormwater runoff.
In the event such techniques are used, the total de t permitted on their respective
properties may be increased, provi a demand on the Regional Stormwater Facility
sball not exceed the capacity determine suant to Sections 3, 4 and 5, above.
Vesting Rules: This Agreemen 1 maai ij'n effect and the GEM 1 and School
District developments shall be c n id o vested against changes in Title 12 of the
Kitsap County Code, as f�l
7.1 This Agreements r in effect and GEM 1 shall be considered to be
vested against changes ' le a Mtsap County Code for a period of ten (10)
years after the d to of ster Pl pproval for McCormick North Phase II. This period
may be exte f r o e 1) year period in accordance with the procedures and
requirement fits ode 17.428.110 in effect at the time the extension is
7.2 Th' A%eem�i�"tall remain in effect and the School District shall be considered
to be vesteh ges to Title 12 of the Kitsap County Code for a period of ten
(10) y s ato of Master Plan approval for McCormick North Phase Il. This
Zo ay tended for two (2) separate five-year periods in accordance with the
e d es and r quirements of Kitsap Colmty Code 17.428.110 in effect at the time the
e ens n r quested, except that the Hearing Examiner's decision shall be a
en on to the Board of County Commissioners based on KCC 17.428.110 and
the B of County Commissioners shall make the final decision. In reviewing the
School District's application for an extension and the criteria for an extension under KCC
110: (i) the Hearing Examiner shall liberally construe the factual circumstances
hic constitute tangible progress; for example, any planning, land use application, or
velopment activity by the School District, including but not limited to internal planning
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MCCORMICK LAND CO AGMT $42.% Kitsap Co, WA
91
processes, shall constitute evidence of tangible progress and the failure to pass a bond
election shall not conclusively mean tangible progress has not been shown; and (ii) the
expiration of the Master Plan approval for McCormick North Phase II at the time of any
application for a second five (5) year extension, shall have no relevancy in determining
whether to recommend approval of the second five (5) year extension request.
7.3 To the extent that either GEM I or the School District does no ply for
development or building permits for all or a portion of their respectiv r within
the time periods, including any extension, set forth in Sections 6.1 6. unty
shall have the authority to require additional stormwater control i is as be
required by Title 12 of the Kitsap County Code or other applica egulatr n in e t at
the time of such application.
Ownership, Maintenance and Repair:
8.1 GEM 1 shall initially own, operate, mai n d r� essary the Regional
Stormwater Facility. Prior to the issuance o e SDAP P—1it—U, EM 1 shall post and
maintain a construction bond pursuant to it e 12 of th 'tsap County Code. After
construction of the Regional Stormwater Fa il' has bee ompleted and approved by
Kitsap County, GEM 1 shall post a two (2) y int e bond pursuant to Title 12,
the amount of whichshall be ten percent (10% ctual construction cost of the
Regional Stormwater Facility. construction cost of the facilities requiring
maintenance shall be determined by ect engineer, subject to the approval of the
Public Works Director. At the end o e o year period, the County will assume the
ownership; operation, mainten es a}i rep of the Regional Stormwater Facility
provided all of the conditions set rth slow satisfied.
8.1.1 The Regional St ate(lza 0ity has been inspected and approved by the
County and has been i i c operation for at least two years;
8.1.2 Any art f the Re i nal Stormwater Facility that has been repaired or
reconstru be n ro by the County,
8.1.3 on rmwater Facility, as designed and constructed, conforms to
Title 1 ap my Code in effect when the SDAP Permit was submitted;
8.1.4 uire easements and tracts have been conveyed to the County and
ha ec ec with the County Auditor;
8 i. An eration and maintenance manual, including a maintenance schedule, has
be i ed to and accepted by the County;
8.A complete and accurate set of reproducible mylar as -built drawings has been
prove ed to the County; and
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RGMT $47.00 Kitsap Co, WA
8.1.7 In lieu of the requirement set forth in Kitsap County Code 12.24,030(1) that
80% of the entire parcel served by the Regional Stormwater Facility be constructed
prior to the County's acceptance of ownership and maintenance responsibility of the
Regional Stormwater Facility, the following shall be conditions imposed on
development of the. GEM 1 property, including the School Site: ( 7
8.1.7(i) For each preliminary plat application submitted 1 or its
successors within McCormick North Phase II, a maintenance b nd s e sted
and maintained in the same amount as the ten percent (1 / cons c 'on
cost of the Regional Stormwater Facility as previously tenpin urs to
Section 8.1, for the purpose of providing security again t risk o damage to
that Facility during construction of plat improvemen . .s n all remain in
effect until 80% of the lots within the prelimin plat a e n onstructed.
This bond shall be in addition to the mainte ce bo requ ed for any
stormwater and road improvements to con tru e of the preliminary
plat which are not components of the Re onal Storm acilitv.
8.1.7(ii) For each building permit s- ued to theSchool District, the School
District shall provide a two (2) year fin c ar a in the same amount as the
ten (10%) percent of the construction cost a gional Stormwater Facility as
previously determined purs to Section 8.1, for the purpose of providing
security against the risk of e to that Facility during construction of
District's improvements. bo s Il be in addition to any security required
for stormwater and road i e nts o be constructed as part of the District's
development which are n o n f the Regional Stormwater Facility.
O
8.2 The School District 1 p t rnr and Surface Water Maintenance Fees
("SSWM Fee"), includin u ts, if any, in accordance with the provisions of
Chapter 12.40 of the Ki ou a in effect at the time the SSWM Fee is required
to be paid for continued aintenae of the Regional Stormwater Facility by the County.
9. Indemnity. t extent/permitted by law, GEM 1 shall indemnify, defend and
hold h e s e oun its elected and appointed officials, officers, employees and
agents, o . st aWcIaims arising out of or resulting from (1) the design or
constructio the . nal Stormwater Facility to the extent of any claim that the
Facility w n signed or constructed in compliance with the requirements of the
Mtsa Su c Water Manual and other applicable rules and regulations, or (2)
any igent ntenance or repairs that were performed by GEM 1 prior to assumption
of o hip maintenance of the Regional Stormwater Facility by Kitsap County.
in tion obligation shall not extend to claims arising as the result of alleged
a q ties in the Kitsap County Surface Water Manual. Nothing herein shall be
onstru either shortening or extending any applicable statute of repose or limitations
h may apply to the design, construction or maintenance of the Regional Stonmwater
Fa 'I . "Claim" means any financial loss, claim, suit, action, damage or expense,
clu ing but not limited to attorneys' fees, attributable to injury, sickness, disease or
d ath, or damage to property
Jill
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ofMCCORMICK LRNO CO RGMi IIIIO 2112005 02 58P
Kitsap Co, WR
10. Amendments. Except as otherwise provided in this Section, no change or modification
of this Agreement shall be valid unless the same is in writing and is signed by authorized
representatives of the County, the School District and GEM 1 (provided the signature of
the School District will not be required if the change does not affect in any manner the
School Site, development of the School Site, or the rights or obligations a School
District under this Agreement). No purported or alleged waiver of any of th ovisions
of this Agreement shall be binding or effective unless in writing and ply
against whom it is sought to be enforced.
11. Serious Threat to Public Health and Safety. Pursuant to 36. 170(4�the
County reserves the authority to impose new or different re ions the extent
required by a serious threat to public health and safety.
12. Binding Effect. This Agreement shall be recorded with Kit2Ament
unty uditor. The
recording date shall be the effective date of this ee en e shall inure to
the benefit of and be binding upontheheirU
res, successors and
assigns of the parties hereto and shall benefit scribed under Appendix B(School Site) and Appendix C (GEM 1 Deve ed that the indemnification
obligation of GEM 1 established pursuant to SAgreement shall be binding
solely on the corporate successors and assignt shall not be binding on the
School District, any homeowner's s ciation created by GEM I or on purchasers of
individual lots in the GEM 1 Develop n .
13. Relationship of the Parties. No i t in other provision of this Agreement, or
any other agreements, contracts r liga s which may derive herefrom, nothing
herein shall be construed1(�>mak ou t , the School District or GEM 1 partners or
joint venturers, or to render the liable for any of the debts or obligations of
the other parties, it being th in n is Agreement merely to create the agreements
set forth herein with re o t e onal Stormwater Facility for the Bailey Creek
subbasin.
0
14. Applicable a e s Agreement shall be governed by and construed in
accordanc t e la s the State of Washington. Any action with respect to this
Develop e t e ent 11 be brought in Kitsap County Superior Court, Port
Orchard, as ngto .
15.
shall
In*
Agreement may be executed in multiple copies, each of which
CtiQn he captions throughout this Agreement are for convenience and
e and the words contained in them shall not be held to expand, modify,
o aid in the interpretation, construction or meaning of this Agreement. All
he have been represented by legal counsel and accordingly hereby waive the
rule of construction that an agreement shall be construed against its drafter.
200510210279
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MCCORMICK LAND CO AGMT t47M Kitsap Co, WA
IT Attorney's Fees. 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 o, the dates
hereinafter indicated. \\ \\
DATED this of /fL day of AD Y i 2005.
ATTEST:
0 P At$ kAAAZ*t--
Opal Robertson
Clerk of the Board
APPROVED AS TO FORM:
0
KITSAP COUNTY
COPY
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MCCORMICK LAND CO RGMT i4
SOUTH KITSAP SCHOOL DISTRICT
Bn
Dr. Beverl. Cheney
Superintendent
Date: _ C�aJli .Zz 200s -
STATE OF WASHINGTON
COUNTY OF KITSAP
I certify that I have satisfactory evidence t
appeared before me, and said person acknowledged
stated that she was authorized to execute the instr
School District for the purposes mentioned in tl
Superintendent of the South Kitsap School DLstrict.
SUBSCRIBED AND SWORN to
fig - 8 c
API'Rd i ' ' I O F)OiW
heney is the person who
s instrument, and on oath
and voluntary act of the
acknowledged it as the
,NOTARY PUBLIC in an
Washington, residing at 1
My appointment expires:
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MCCORMICK LAND CO RGMT s47.GG KiitsapPC0, Nq 2 58P
GEM 1, LLC
By: n -;� W,6
Its: Managing Member
Date:
CiJilkyr,ic, PAD
STATE OF WA
COUNTY OF PAO
I certify that I know of have satisfactory ev c
who appeared before me, and said person acknowl c
oath stated that he/she was authorized to execute
v, Member of GEM 1, LLC to be the fee
purposes mentioned in the instrument.
SUBSCRIBED AND SWORN to
APPROVED AS TO
rVD. W01coTT is the person
signed this instrument, on
and acknowledge it as the
act of such party for the
l day of *LL_2005.
NUTARY PUBLIC in and for the State of
Washington, residing at
My appointment expires: Ot /0 t /pq
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 18210279
/p 00805� A62 58P
MCCDRMICK LAND
ADDENDUM "A"
NOT TO SCALE
11111111111111111111111111111111111111111111101111111
MCCORMICK LAND CO RGMT Y47.00
Race 14 of 16
16 21r2005 02 58F
Kitsap Co, UA
APPENDIX B
SCHOOL SITE LEGAL DESCRIPTION
That portion of the East half of the Southwest quarter of Section 5, Township 23 No h Range
1 East, W.M., in Kitsap County, Washington, described as follows: \ \
Beginning at the Southeast comer of the Southwest quarter of said Section 5,o
88°34'43" West along the South line thereof a distance of 100.04 feet to e e line o
East 100 feet of said Southwest quarter; thence North 2058'52" East a g sai st lin a
distance of 30.01 feet to the North right-of-way margin of SW Old ft Roa eing the
True Point of Beginning; thence continuing North 2°58'52" Easng a st line a
distance of 1810.05 feet; thence North 45°00'00" West 14.27 a o a curve,
concave to the North, having a radius of 280.00 feet from which e radius int o id curve
bears North 15'49'18" West; thence westerly alonn);
'c dis e of 382.81 feet
through a central angle of 78°19'59", thence Nest 6.70 feet to the
beginning of a curve to the left having a radius of e along said curve an arc
distance of 157.60 feet through a central angle on e South 49°53'06" West
284.40 feet; thence North 40°06'54" West 347.8363°29'45" West 187.92
feet; thence South 64°25'53" West 51.62 feet to theEast half of the Southwest
quarter of said Section 5; thence South 1
9'06" West along said West line a distance of
1554.46 feet; thence North 46°l 1'17" East feet to the beginning of a curve to the right
having a radius of 50.00 feet; thence along sai an arc distance of 212.84 feet through a
central angle of 243°53'45" to the begi o c e the left having a radius of 20.00 feet;
thence along said curve an arc distanc f et ough a central angle of 65°21'17" to
the beginning of a curve to the} ha 'n r di s 2488.82 feet; thence along said curve an
arc distance of 28.79 feet through ent f 0°39'46" to the West line of the East half
of the Southwest quarter of said Sec i e South 2°49'16" West along said West line a
distance of 725.50 feet to n t- -way margin of SW Old Clifton Road being a
point on a curve, concave t t e Sou avmg a radius of 1462.39 feet from which the radius
point of said curve EeAs So 0°163 " East; thence easterly along said right-of-way margin
and along said e e 3.31 feet through a central angle of 1°41'48"; thence
South 88°34'43 on s ' right-of-way margin a distance of 1147.82 feet to the true
point of begi ng
The above-de§6*
Final O7de
019-200
includes that portion of Feigley County Road vacated under
wed January 26, 2004, under Kitsap County Resolution No.
111111111111111111111111111111111111111111 001/20&5 f0o 58
MCCORMICK LAND CO AGMT $47.60 Kitsap Co, NR
APPENDIX C
GEM 1 DEVELOPMENT LEGAL DESCRIPTION
The Southeast quarter of northwest quarter of Section 5, Township 23 North,
East, W.M., Kitsap County, Washington.
210279
of 16
02 58F
WR
Resolution -2006
Amending the Development Agreement for
Open Space, Parks, and Recreation
WHEREAS, Kitsap County and GEM 1 entered into a Development Agreement.for Open Space,
Parks, and Recreation that was executed by Kitsap County on April 25, 2005 pursuant to RCW
36.70B.170 et, seg.;
WHEREAS, through the Development Agreement _for Open Space, Parks, and Recreation,
Kitsap County approved and adopted the McCormick Urban Village Open Space, Parks and
Recreation Plan ("Plan"), dated April 25, 2005;
WHEREAS, the Plan identified the McCormick Village Park ("Park") as proposed Community
Project #4 to be located on the north side of Old Clifton Road, just east of the proposed "Campus
Boulevard" (Plan, pgs. 6-7). The Park is intended to be a central gathering place for community
residents;
WHEREAS, Kitsap County and GEM 1 believe it to be in the best interests of the community to
have the Park constructed sooner than the phasing established by the Plan and by the approved
McCormick North Master Plan Phase 2, and wish to amend the Development Agreement for.
Open Space, Parks, and Recreation to address the necessary changes associated with the County
assuming construction responsibility of the Park, including an accelerated schedule and potential
increased costs associated therewith;
WHEREAS, RCW 36.7013.200 requires approval of development agreement by an ordinance or
resolution
NOW, THEREFORE, BE IT RESOLVED that the Kitsap County Board of Commissioners
hereby approves the amendment to the Development Agreement ,for Open Space, Parks, and
Recreation attached hereto.
Adopted this J I fl of November, 2006.
DOIIA/�j/ OARD OF COUNTY COMMISSIONERS
ATTEST SAP COUNTY, WASHINGTON
®; gel, Chair
co
"' •�f1Nv�� tty L t
Opal Robertson CO 1 l
Clerk of the Board
s
McCORMICK URBAN VILLAGE
DEVELOPMENT AGREEMENT FOR OPEN SPACE, PARKS, and RECREATION
AMENDMENT #1
Addressing Construction of McCormick Village Park
THIS AMENDMENT ("Amendment") is entered into between Kitsap County, a
Washington municipal corporation ("County"), and GEM 1 LLC, a Washington corporation
("GEM I").
RECITALS
WHEREAS, Kitsap County and GEM 1 entered into a Development Agreement for Open Space,
Parks, and Recreation that was executed by Kitsap County on April 25, 2005 pursuant to RCW
36.70B.170 et. seq.;
WHEREAS, through the Development Agreement for Open Space, Parks, and Recreation,
Kitsap County approved and adopted the McCormick Urban Village Open Space, Parks and
Recreation Plan ("Plan"), dated April 25, 2005;
WHEREAS, the Plan identified the McCormick Village Park ("Park") as proposed Community
Project #4 to be located on the north side of Old Clifton Road, just east of the proposed "Campus
Boulevard" (Plan, pgs. 6-7). The Park is intended to be a central gathering place for community
residents;
WHEREAS, in June 2004 GEM 1, through The Berger Partnership, prepared the preliminary
concept plan for the Park attached hereto as Exhibit 1;
WHEREAS, based on the preliminary concept plan and upon the assumed construction by GEM
1, the Plan estimated costs of construction to be $585,220 (Plan, pg 13) and established a phasing
schedule such that (1) GEM 1 would complete a final plan in the first year with the development
of the first housing on McCormick North, (2) phase 1 of the Park would be constructed prior to
final occupancy of 300 units anywhere within McCormick North, and (2) phase 2 of the Park
would be constructed prior to final occupancy of 500 units anywhere within McCormick North
(Plan, pgs. 7, 16);
WHEREAS, Condition #44 of the approved McCormick North Master Plan Phase 2 mirrored
the phasing established in the Plan;
WHEREAS, Kitsap County and GEM 1 believe it to be in the best interests of the community to
have the Park constructed sooner than the phasing established by the Plan and by the approved
McCormick North Master Plan Phase 2, and wish to amend the Development Agreement for
Open Space, Parks, and Recreation to address the necessary changes associated with the County
assuming construction responsibility of the Park, including an accelerated schedule and potential
increased costs associated therewith;
AMENDMENT #I to DEVELOPMENT AGREEMENT
FOR OPEN SPACE, PARKS and RECREATION- 1
AGREEMENT
NOW, THEREFORE, the County and GEM 1 agree as follows:
1. All provisions of the Development Agreement for Open Space, Parks, and Recreation and
the McCormick Urban Village Open Space, Parks and Recreation Plan shall continue in
full force and effect unless modified herein.
2. Upon the transfer or dedication of the property to be used for the McCormick Village
Park as provided below, and the transfer of funds as provided below, Kitsap County shall
assume from GEM I complete responsibility for the design, construction, and
maintenance of the Park, including the costs and scheduling thereof. Kitsap County may
use the preliminary concept plan established by The Berger Partnership, but will not be
bound by it.
3. At the time of recording the Final Plat of what is commonly known as Division Three of
the McCormick North Phase 1 Preliminary Plat, GEM 1 shall also dedicate the area
shown on Exhibit 2 of approximately 65 acres for the Park to Kitsap County. At the time
of Final Plat recording, the legal description of the Park shall be detennined. The parties
agree to execute any necessary agreements or other documents required to complete the
dedication of that area to Kitsap County.
4. At the time of recording the Final Plat of what is commonly known as Division Three of
the McCormick North Phase I Preliminary Plat, GEM 1 shall make a payment to Kitsap
County in the amount of Six Hundred Forty Three Thousand, Seven Hundred Forty Two
dollars ($643,742.00), which is the full amount of the estimated costs of construction
($585,220), plus ten percent ($58,522) for design and engineering.
5. Upon the transfer or dedication of the property and the transfer of the funds outlined in
the provisions above, Kitsap County shall accept these actions as the fulfillment of all
obligations of McCormick Land Company/GEM 1 LLC for design and construction of
the Park, as identified in the McCormick Urban Village Open Space, Parks, and
Recreation Plan, and in Condition #44 of the McCormick North Master Plan Phase 2
6. The McCormick North Master Plan will hereafter be amended consistent with this
Amendment and pursuant to Kitsap County Code 17.428.120.
7. At such time as the subject property is annexed by a municipality, a pre -annexation
interlocal agreement shall be executed which makes provision for park development and
maintenance responsibilities associated with the Park created pursuant to this Agreement.
EXECUTED by the parties on the dates hereinafter indicated.
AMENDMENT #1 to DEVELOPMENT AGREEMENT
FOR OPEN SPACE, PARKS and RECREATION- 2
DATED: / / 7 / ® (. KITSAP COUNTY BOARD OF COMMISSIONERS
r �� aA', 1JF,11i,.'s1
1'r �i• r� i•� � �. i;�h
yy - C;f
ATTEST:
PAT
6D hkl
r:. t
OpGI Robertson
Clerk of the Board -
APPROVED AS TO FORM:
By:
2�
DgZly-Pr'osecuting Attorney
GEM 1, LLC
By.
Its:
Date: scou
Managing
STATE OF
7911WGTON-
a\,\ Fwy)Y 0�
ss.
Chair
110IMr
, Commissioner
DESIREE HOLBERG
Commission # 1678239
Lo
Notary Public - California
Sacramento County
My Comm. Expires Jun 27, 2010
COUNTY OFF )
SaC)P-n npY)tO
I certify that I know of have satisfactory evidence that Sao# b-%0\C0A1 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
may ( m W) j of GEM 1, LLC to be the fee and voluntary act of such party for the
purpose mentioned in the instrument.
SUBSCRIBED AND SWORN to before me this lU day of N�@12 2006.
NOTARY PUBLIC in and for the State of
CR\\ f012 Yi\ CAS, residing at �dg5U Ca\ CQYI' QP \')'R .
My appointment expires: )\ Mp. 2'1. 2010
APPROVED AS TO FORM:
By:
4JA—
Attorney for 1, LLC
AMENDMENT #1 to DEVELOPMENT AGREEMENT
FOR OPEN SPACE, PARKS and RECREATION- 3
V. Open Space, Parks and Recreation Plan
Introduction
The "Open Space, Parks and Recreation Plan" is intended to meet all requirements for these
infrastructure facilities at full build -out of McCormick Urban Village. It meets all standards and
requirements for a community planned for 10,000 residents. It is based on and consistent with the
McCormick Urban Village Plan' and other adopted Kitsap County standards for open space, parks
and recreation. It meets the master planning requirements of Sec.17.428. It is designed to include
protection measures for sensitive areas which meet the standards of Kitsap Code Title 19, Critical
Areas Ordinance.
The pattern of open space protection and provision of active recreation and pocket parks
established at the McCormick Woods neighborhood has set a high standard for the remainder of
McCormick Urban Village. This Plan continues that standard. It is intended that this plan, together
with the accompanying "Mitigation Agreement for Open Space Parks and Recreation", will be
formally reviewed and adopted as part of this Application.
The Plan includes:
Planning Context — summarizes the history and context for planning
Description of Plan Projects — describes the existing and proposed regional and
community projects
Financing Plan —presents estimated costs and sources of revenues for development and
maintenance
Phasing Plan — shows schedule for proposed projects
Standards — summarizes applicable standards and demonstrates how Plan meets the
standards
Mitigation Agreement — defines public/private partnership to assure implementation of
this plan
The map, Plan for Open Space, Park and Recreation Facilities, on the next page shows the
overall site map for the Plan.
Planning Context
The McCormick Village Open Space, Parks and Recreation Plan helps implement the adopted plans
of Kitsap County as well as the visions and commitments of McCormick Land Company.
Kitsap Open Space Plan Kitsap County adopted the Kitsap Open Space Plan (2000)
which establishes priorities for open space, parks and recreation throughout the County.
The Plan states that an open space system is a "connected system of parks, open space,
recreation facilities, greenways and trail corridors". It outlines policies for acquiring,
developing and maintaining the system:
a. Preserve and manage critical open space;
b. Development and maintain regional trails;
c. Acquire and develop regional parks;
' Formerly known as the "South Kitsap UGAI ULID #6 Sub Area Plan", adopted by the Kitsap County Board of County
Commissioners, December 2003.
April 25, 2005
d. Collaborate on use of school facilities for community recreation;
e. Partner with local jurisdictions to develop and maintain local parks; and,
f. Cooperate with cities to coordinate and pre -plan development of urban parks.
Vision for McCormick Lands From the 1980's, McCormick Land Company
envisioned building an urban open -space -recreation community on its lands in South Kitsap.
The McCormick Woods Master Plan, on the south side of Old Clifton Road, with its public
golf course, was the first step toward that long-term goal. The plan established over 400
acres of wetlands, streams and woods as permanently protected open space. There are now
over 600 occupied homes at McCormick Woods in single-family, duplex and zero -lot line
housing. See Exhibit "McCormick Woods Master Plan", following this page.
The McCormick Woods Master Plan was followed in the early 1990's with a plan ("Planned
Urban Development" or PUD) for neighborhoods on the north side of Old Clifton Road.
The plan established setbacks and buffers to protect stream corridors, steep slopes and
wetlands. It included 440 residential units and an approximately 60-acre site for a then
anticipated community college expansion campus for Olympic College. The plan was
known as "McCormick Campus Station".
In 1998, McCormick took the lead, in cooperation with the State of Washington and Kitsap
County, in preparation of the McCormick/Calvinwood/Square State Park Preserve Plan (EDAW,
1998). The Plan identified habitats to be preserved and opportunities for recreation. The
effort to expand and preserve permanent public open space in this area continued through
the next five years. Studies and surveys sponsored jointly by Kitsap County and McCormick
identified this area as the headwaters for Coulter and Rocky Creeks. A sketch plan for
potential uses — including open space protection, multi -use trails and active recreation -- was
prepared (The Berger Partnership, March 2003). Later that year the County acquired title to
approximately 1,200 acres and created Coulter Creek Heritage Park as a regional community
park, fulfilling one of the Kitsap Open Space goals for a heritage park in South Kitsap. An
initial recreation use — a Radio -Controlled Airplane Park — is already in place, and plans are
underway for improving trail segments.
See "McCormick/Calvinwood/Square Lake Preserve Conceptual Master Plan", "Watershed
Areas", and "Coulter Creek Heritage Park Plan" maps on the following pages.
County Plan for McCormick Urban Village The McCormick Urban Village plan,
adopted by Kitsap County in December 2003, formalizes a land use pattern that is consistent
with and expands the original vision for this community. The Village plan is for mixed -use
neighborhoods, including business park, village center, and a variety of neighborhoods, and a
centrally located community park site. With its requirements for a comprehensive open
space, parks and recreation plan it affirms the intent to create urban open -space -recreation
community.
Open Space, Parks and Recreation Plan for McCormick Urban Village This
current Open Space, Parks and Recreation Plan builds on the Kitsap Open Space Plan and the
McCormick Village Plan to take the planning for open space, parks and recreation to the
next level of detail. It identifies specific projects for regional and community facilities,
2
April 25, 2005
estimates costs for acquisition, development and maintenance and lays out a development
phasing plan.
April 25, 2005
Plan Projects
The topography at McCormick Urban Village consists of a series of undulating north -south ridges,
pocket wetlands and stream corridors. The open spaces are comprised of wetlands, stream corridors
and forested lands — a good example of a typical northwest ecosystem. At the northern edge, the
land falls steeply from a plateau to the lands below, along Sinclair Inlet. The land configuration and
the Plan land uses establish the opportunities to create a comprehensive plan for projects to enhance
and preserve open space, establish parks and create recreation facilities. The projects are described
here as Existing Regional Projects, Proposed Regional Projects, and Proposed Community Projects.
See also summary in the chart, Projects, Concept Plans and Implementation Strategy, following
this section.
Existing Regional Projects There are three existing facilities that are part of the Kitsap
County regional system of open space, parks and recreation. The first is a major open space
system at and adjacent to McCormick Urban Village is that includes the Coulter Creek
Heritage Park and contiguous open space areas. The second is the Anderson Creek
Headwaters Viewpoint located just off McCormick Woods Boulevard. The third regional
facility is the McCormick Woods Golf Course, a privately -owned, open -to -the -public 18-
hole golf course.
1. Coulter Creek Heritage Park, Square Lake, Big Pond The 1,200+/- acre Park
is part of an over 2,000 acre swath that extends north into McCormick Urban Village
at Big Pond and Square Lake areas, through the McCormick Woods open space, the
headwaters of Anderson Creek and into a part of the Bremerton Watershed. It
extends from Square Lake on the east, along the southern boundary of the Village,
across Sunnyslope Road to the Bonneville Power Administration lines on the west,
near Bremerton National Airport. It is the headwaters of several streams and creeks
and supports native vegetation, birds and small mammals.
It is sometimes difficult to identify the boundary between Coulter Creek Heritage
Park and adjacent ownerships, most especially at the south boundary of McCormick
Urban Village. Two major features straddle the boundary and offer unique
opportunities for joint management or expansion of the Park — Big Pond and Square
Lake. This Plan will formally link these areas.
• Big Pond is a 20-acre lake lying immediately south of McCormick Urban
Village. The south portion of the pond is within the Coulter Creek Heritage
Park and the north part is within the Village. Big Pond Trail is a favorite of
local residents and offers opportunities to observe the workings of a large
beaver colony. The trail, which connects to other trails in Coulter Creek
Heritage Park, crosses lands variously owned by the Park, McCormick
Woods Association and GEM I LLC. A joint management agreement for
trails that cross these boundaries could result in cost savings.
• Square Lake is an approximately 30-acre lake with the south one-half sited
in Square Lake Park, which is owned by Kitsap County and managed by the
State of Washington and for all intents and purposes is part of Coulter Creek
Heritage Park. There is a small beach and picnic area with access from Lake
Flora Road. The northern part of the Lake is within the boundaries of
McCormick Urban Village, on land which is still owned by the developer.
4
April 25, 2005
The proposal is to expand the Park at this location to encompass Square
Lake and to develop additions to the trail system.
2. McCormick Woods Open Space-- At the western edge of McCormick Woods,
between McCormick Woods and the to -be -developed McCormick West, there is
approximately 400 acres of woods and wetlands extending north -south which is part
of the overall critical open space system. This area, with over 6 miles of trails, is
currently owned and maintained by the McCormick Woods Homeowners
Association. The trails through this privately -owned space include the Big Pond Trail
which links to Coulter Creek Heritage Park. There is a public easement over the
western -most trail, although the last segment to Old Clifton Road has not been
defined. The proposal is to enter into a joint management agreement with the
McCormick Woods Association so that this trail is included in the regional trail
system.
3. Anderson Creek Headwaters Viewpoint Located on the west side of McCormick
Woods Drive, approximately 450 feet south of the intersection with Old Clifton
Road, is a monument and viewpoint for the Anderson Creek Watershed. The display,
which was erected with the sponsorship of the Anderson Creek Stream Team and
McCormick Land Company, presents information on the watershed which drains into
Puget Sound. From the site, which has parking access, visitors can view a large
typical wetland environment.
Proposed Regional Projects Because the expansive areas of open space are owned by
several cooperative entities, there are special opportunities to expand and improve the
regional open space and park system. The projects include: a defined trail from Coulter
Creek Heritage Park to SR 16 and the Mosquito Fleet Trail; a trailhead in McCormick Urban
Village into the Park near Big Pond; and, expansion of the Park and trail extension at Square
Lake.
Trail from Coulter Creek Heritage Park to SR16 and the Mosquito Fleet Trail
When completed residents and visitors will be able to walk from the Coulter Creek
Heritage Park south of McCormick Urban Village north through McCormick Urban
Village and the Bremerton Watershed to the southern edge of Highway 16, along
Sinclair Inlet. The proposal is that the County plan at this location for a connection
to the Mosquito Fleet Trail, which is proposed to run the entire length of the Kitsap
Peninsula along the shore of Puget Sound.
These trails, together with sidewalks in the Village where appropriate, also serve as
practical paths from neighborhood to neighborhood and from the residential areas to
the future village center and business park.
• Link 1: CCHP to McCormick Village Park There is a public easement along
this trail which extends from Coulter Creek Heritage Park, near Big Pond to
Old Clifton Road. Currently, this trail is owned and maintained by the
McCormick Woods Association and no significant provision has been made
for public use. As planned here, this link would be extended, as part of the
April 25, 2005
developer's responsibility, across Old Clifton Road to McCormick Village
Park when the first division of houses is constructed on McCormick North.
• Link 2: Village Park to the Bremerton Watershed McCormick Village Park
(described in detail below and shown in concept plan) is centrally located in
the Village. There are existing old logging roads which will be improved as
paths, both west and east. To the east the path will connect with a water line
easement which will extend to the south boundary of the Bremerton
Watershed. This easement will be dedicated and improved by the developer
when a water line is installed to serve the McCormick North neighborhoods.
• Link 3: North through the Bremerton Watershed The water line easement
and improvement extends north, downhill, across the Bremerton Watershed.
It will be located outside the Anderson Creek setback buffer. Use of this
easement for a trail as part of the regional trail system will require an
agreement between Kitsap County and the City of Bremerton.
• Link 4: Across SR16 This link would join up with a future proposed
Mosquito Fleet Trail along Sinclair Inlet. The Mosquito Fleet Trail is being
developed as opportunities become available and is planned to run the entire
length of the Kitsap Puget Sound coastline. A pedestrian crossing over SR16
will be required. The project will need the cooperation of WSDOT to
proceed.
2. Trailhead to Coulter Creek Heritage Park in south part of McCormick Urban
Village near Big Pond A trailhead is shown on the concept plan for Coulter Creek
Heritage Park, located in the south part of McCormick Urban Village. In concept it
would have limited parking, an information kiosk and restrooms. Planning for this
project will occur in the near future, at the same time as the planning for cooperative
management agreements for the trails at Big Pond and through the McCormick
Woods Open Space. The developer will dedicate the land for the trailhead at such
time as development of McCormick West proceeds.
3. Expand Coulter Creek Heritage Park around Square Lake As described above
in the information about Square Lake, the lake extends north into McCormick Urban
Village. Preliminary field study indicates that a trail could be constructed in this area
that could at least extend existing trails at Square Lake and perhaps eventually circle
the lake. The proposal is to cooperate with Kitsap County on the location and
construction of the trail. This work will proceed at the same time as plans are made
for future neighborhoods in this area. The developer will dedicate the land.
Proposed Community Projects The McCormick Urban Village Plan strategically sites
two major community facilities, a large community park and a multi -school site. These two
projects, one developed by GEM I LLC and the other when SKSD#402 builds schools, are
intended to provide for all active recreation for Village residents. In addition, the
commitment to providing "pocket parks" within the residential neighborhoods in a manner
consistent with the housing market served by each neighborhood will continue.
4. McCormick Village Park McCormick Village Park is comprised of over 65 acres
of protected wetlands and play areas. It is located on the north side of Old Clifton
Road, just east of the proposed "Campus Boulevard". The play areas are sited on a
6
April 25, 2005
low ridge between the wetlands that drain into the west fork of Anderson Creek. A
preliminary concept plan for the park has been prepared by The Berger Partnership
Qune 2004). See next page. The concept is for a central gathering space for
community residents. In the center there is a Village Green, surrounded by generous
paths. There is an adjacent children's play area. Restrooms are nearby. A sports
meadow is located near Old Clifton Road with bicycle and pedestrian access. The
northern part of the park is reserved for informal play, with open fields, running
paths, a kite hill and an overlook picnic area. Parking is located off Campus
Boulevard.
A final plan will be completed with the development of the first housing on
McCormick North. The park will be developed in phases as the community grows,
which different phases scheduled specifically as first 300, then 500 and finally Village
Center homes are occupied. See Phasing Plan, below.
5. School Facilities The McCormick Urban Village plan includes an approximately
59+-acre school site. The site is located on the north side of Old Clifton Road, at the
western boundary, at Feigley Road. The South Kitsap School District #402
(SKSD#402) and McCormick have cooperated on the location of this school site and
on providing urban utilities and regional stormwater systems to support future school
construction. Although the District does not have specific plans for schools at this
time, the site is adequate to provide for either a junior and senior high school, or, an
elementary and junior high school.
SKSD has an adopted policy of cooperating with the community to allow use of its
facilities for community recreation:
"The Board recognizes and supports the concept of community schools and/or
community education. To this end, the Board encourages the utilization of all
District facilities for this purpose within budgetary limitations. The Superintendent
recommends to the Board for its approval operating guidelines for implementing the
Community Education Program."
The schools' ballfields and other athletic facilities will be available for community
residents' use.
6. Pocket Parks In addition to the major facilities described above there are small play
fields, sport courts and tot lots sited in the neighborhoods. While these are open to
all residents, those who live nearby are most likely to use them. These will be planned
and constructed by the site developers and home builders, depending on the housing
market.
7
April 25, 2005
Proiects, Concept Plans and Implementation Strateav
Projects
Concept Plans
Implementation Strategy
Existing Regional Projects
1. Coulter Creek Heritage Park
A 1,200+/- acre regional multi -use open space, park and
Kitsap County (KC)
(CCHP)
recreation facility. Concept plan, March 2003.
There are several areas where the CCHP shares borders
with open space in McCormick Urban Village, especially at
Big Pond and Square Lake. Trails from CCHP extend
north throu h the McCormick Woods open sace.
2. McCormick Woods Open
Comprises 400 +/- acres of wetlands and woodlands, and
Currently owned and managed by the
Space, a community open
over 6 miles of trails. Adjoins CCHP, especially at Big
McCormick Woods Association
space
Pond and Square Lake. There is a public easement
(MWA). Goal is to establish a
recorded along the westernmost trail from the CCHP to
cooperative management agreement
Old Clifton Road.
between MWA and Kitsap County
for the "interface" areas at Big Pond
and Square Lake and for westernmost
trail over which there is a public
easement. Remainder will be
managed by the homeowners'
association.
3. Anderson Creek Headwaters
Located just off the parking lot at the McCormick Woods
Now owned and managed by the
Viewpoint
Information Center. Is currently maintained as part of
MWA, could be part of the regional
McCormick Woods Open Space. Could be integrated into
system
a re Tonal system.
4. McCormick Woods Golf
18-hole golf course. As permitted by Kitsap County in
Privately owned and operated as a
Course:
1986 as part of McCormick Woods Master Plan, golf
public golf course (C&M Golf)
course is open for public play.
Proposed Regional Projects
1. Trail from CCHP to SR 16
Link 1: Part of regional trail, through McCormick Woods
Link 1: Currently maintained by
(Mosquito Fleet Trail):
Open Space and crossing Old Clifton Road to McCormick
MWA. A public easement exists over
Link 1: CCHP to McCormick
Village Park;
a section of the existing trail. Use
Village Park site
Agreement needs to be negotiated for
Link 2: Park site to South
Link 2: From Park site, east along existing logging trails
remainder of trail corridor on lands
edge of Bremerton Watershed
and Old Clifton Road right-of-way to water line easement,
between McCormick Woods and
Link 3: Through the
and then north along water line easement to south edge of
McCormick West.
Bremerton Watershed
Bremerton Watershed.
Old Clifton Rd. crossing will be
Link 4: Bremerton Watershed
developed with McCormick North
to Mosquito Fleet
Link 3: North through Bremerton Watershed.
Phase I (MNPI) residential
Trail
development on north side of Road.
Link 4: At such time as State can develop a pedestrian
Link 2: To be developed with MNPI
crossing over SR 16, trail would cross SR16 to edge of
by developer when water line is
Sinclair Inlet.
constructed.
Link 3: Agreement with City of
Bremerton for use of water line r/w.
Link 4: Agreement with WSDOT
2. Trailhead to CCHP in
Goal is to implement part of the CCHP plan by creating a
Kitsap County
southern part of McCormick
public access point as shown on CCHP Plan, March 2003,
Urban Village, near Big Pond
with limited parking, information kiosk, restrooms.
Developer would dedicate land to create the trailhead site.
3. Expand CCHP around Square
Goal is to implement part of CCHP Plan by locating a trail
Kitsap County
Lake in the southeast corner
around the northern part of Square Lake and expanding
of McCormick Urban Village.
Park to encompass Square Lake. Developer and KC
would cooperate on location and construction of trail.
April 25, 2005
Proiects, Concept Plans and Implementation Strateav, continued
Proposed Communi1y Projects
4. McCormick Village Park
McCormick Village Park is comprised of 30+/- acres on
This park is planned as part of the
the north side of Old Clifton Road. The developer (GEM
Village Plan adopted by the
I LLC) has prepared a preliminary plan for a mixed open
KCBOCC; the developer proposes to
space and active recreation park that will be a central
develop the park, and dedicate the
gathering place for the Village residents. It is adjacent to
land to the appropriate entity when
the future Village Center and trails lead to the park from
development is complete and plans
the residential neighborhoods. (McCormick Village Park
for future annexation to Port Orchard
Concept Plan, The Berger Partnership, June 2004). The
have been concluded.
park will be developed in phases:
Phase 1: final design plan, in collaboration with residents,
Kitsap County and Port Orchard;
Phases 2 and 3: to be determined in final park plan
5. SKSD#402 School Facilities
Village Plan creates 60+/- acre school site, tentatively for
Property will be owned and managed
junior and senior high schools. It is expected that the
by the SKSD#402. SKSD #402 has
schools will include playfields and other athletic facilities.
a policy that encourages community
No date has been set for construction, as it depends on
use of school recreation facilities, and
successful passage of voter -approved bonds.
it is anticipated that when the schools
are constructed they will be made
available through a joint use
agreement
6. Pocket parks
The major park and recreation facilities serving the Village
The developer and the homebuilders
residents will be located at McCormick Village Park and at
will develop facilities consistent with
the schools. Residents will also have easy access to
the housing niche. These facilities
regional trails and CCHP. In addition, neighborhoods
will be conveyed to the homeowners
may have small parks or other recreation space
association for ownership &
appropriate to the housing market.
maintenance.
April 25, 2005
Financing Plan
The Financing Plan shows projects costs and how each project will be funded. The estimated costs
are based on the cost factors in the Kitsap Open Space Plan, with updated information from The
Berger Partnership. The sources of funds are consistent with currently adopted Kitsap County
policies.
The chart, "Project Cost Estimates and Sources of Funds", on the next page, presents the
estimated cost of land acquisition, development and yearly cost to maintain the proposed open
space, park and recreation projects for McCormick Urban Village.
This Plan is a partnership between Kitsap County and the developer to achieve a high standard for
parks, recreation and open space for a community of 10,000 residents. Developers' dedications and
improvements account for the larger share of expenditures to design, dedicate and construct Plan
projects. To date, the developer has dedicated or conveyed over 400 acres of permanent public
open space, constructed over 6 miles of trails, developed a golf course open to the public and built
pocket parks with a playfield, picnic areas and sports courts. In addition, the developer assisted
Kitsap County in establishing Coulter Creek Heritage Park. The investment to date by the
developer is not accounted for in the chart that summarizes project costs. In terms of proposed
new projects, the pattern continues with the combination of land dedications and construction
expenditures by the developer as the largest source of funding.
Land Acquisition There is no cost to acquire land. All land for open space, parks and
trails is dedicated by the developer. (The only potential exception is if the County decides to
acquire outright the existing trail easement from Coulter Creek Heritage Park to Old Clifton
Road. The estimated costs do not include this acquisition.)
Development Cost The estimated development costs for Regional Projects is $226,000.
Regional system improvement projects qualify for Kitsap County Impact Fees as well as
other funding sources. Impact fees can only be expended for regional system project
included in the County's Capital Improvement Plan (CIP) and can only be used for
acquisition and capital improvements. Kitsap County will prioritize the McCormick Urban
Village regional projects in the County's CIP consistent with the phasing plan. Funding for
the regional projects will be identified at the time of inclusion into the CIP, and may be
provided from impact fees, REET or other appropriate sources. The estimated cost to
maintain the new facilities is $16,400 per year. Kitsap County will maintain the regional trails
at a level consistent with the other County park facilities as funding allows.
The estimated development costs for Community Projects in $585,220, the cost to develop
McCormick Village Park. The SKSD#402 School Facilities that will be available for
community use are not included in the cost estimates. The development costs will be
funded by the developers (for the Park) and SKSD#402 (for the school facilities). The
estimated cost to maintain the Park is $115,000 per year. Kitsap County will maintain the
McCormick Village Park at a level consistent with other County park facilities as funding
allows until such time as it is annexed by a municipal government. The cost to maintain the
school facilities is not estimated; a portion of the costs will be funded through community
user fees.
10
April 25, 2005
Annual Cost to Maintain It is anticipated that all projects that will be publicly owned and
that are consistent with the Kitsap County Open Space Plan will be included in the Kitsap
County CIP upon adoption of this Plan, concurrently with approval of the McCormick
Urban Village Master Plans I and II. As the projects are constructed and dedicated to the
County, additional operating funds should be budgeted through the annual budget process
of the KCBOCC. It is anticipated that annual property tax revenues generated by the
residential development projected in this plan will contribute to available sources of revenue
for on -going maintenance.
11
April 25, 2005
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Phasing Plan for Proposed Projects
The phasing plan shows that construction of the planned projects is timed to coincide with
housing occupancy. Each project or phase of project is tied to specific events rather than a
date certain.
Actual construction of trail segments and phases of park development depend upon
"triggers", i.e., occupancy of a certain number of housing units. This is a realistic and
strategic approach to delivering the planned and committed facilities as the community
needs them. It is also realistic in terms of the county's and the developer's ability to fund
construction.
Planning and design, however, is continuous. For instance, it is anticipated that, in
cooperation with Kitsap County, efforts will be begin immediately upon adoption of this
plan for final plans for the regional trails.
All developer -funded projects will be completed at full build -out of McCormick Urban
Village. Completion of regional projects depends on action by Kitsap County.
The chart, "Phasing for Proposed Projects", on the next page, presents the phasing plan,
identifying specific triggers for each project.
14
April 25, 2005
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Phasing of Proposed Projects, continued
McCormick Woods Build
McCormick North Phases I &
McCormick West
Residential (680
Other
Out
II
(1,750 units
TVillage
units mf)
(471 units)
(700 units)
Proposed Projects Communi
4. McCormick Village Park
Concept Plan has been prepared
as part of this application16
Final Plan will be prepared in
cooperation with KC Parks and
MWA (year 1)
Park will be developed in phases,
consistent with housing unit
occupancy:
Phase 1, prior to final occupancy
of 300 units17;
Phase 3, prior to occupancy
Phase 2, prior to final occupancy
of 50 units of housing in
of 500 units18;
Village Center areal
5. Community Use of SKSD#403
At time of school
School Facilities
construction
6. Pocket Parks
Constructed as part of development of residential neighborhoods, appropriate to the housing market. This includes all
neighborhoods throughout the Village.
16 McCormick Village Park Concept Plan, The Berger Partnership, June 2004.
17 This occupancy trigger applies to any combination of units on McCormick North. For example, there are approximately 270 units in the east portion of
Preliminary Plat Division I. Phase 1 of the Park will be constructed by the time these homes are occupied, or if another division or neighborhood on McCormick
North is occupied first, the Phase I will be constructed by 300 units in any location.
18 The same interpretation applies to this trigger of 500 units.
19 This area, which includes both higher density housing and mixed residential and commercial units, will require a separate master planning process pursuant to
Section 17.428.
16
April 25, 2005
Standards
The Kitsap County Open Space Plan establishes standards for meeting residents' needs for open space,
parks, trails and recreation facilities. The standards are detailed and comprehensive. The Master
Planning ordinance at Section 17.428.070 also presents standards for development.
An additional standard, based on expenditure per capita was calculated in the "Kitsap Parks Study"
(2003), which was the basis of the current Kitsap County Impact Fee. The adopted per capita
investment standard is $784.06 per person. The amount is based on the combined investment in
various types of park land and recreation facilities. By using the total as the standard, the County
maintains the flexibility to develop parks and recreation facilities that are more appropriate for each
location without being required to maintain arbitrary ratios at each location. The County's flexibility
also allows it to be responsive to changing needs and priorities.
The Open Space, Parks and Recreation Plan for Build -Out of McCormick Urban Village reflects the
flexibility and responsiveness to opportunities assumed in the Kitsap Parks Study. Because of the
topography, with its wetlands, streams and forested lands, the Plan is weighted toward open space
and trails. Buildable land, which is constrained by the ecosystem, is intensively used for housing and
commercial development. Active recreation, other than trails, is consolidated in a central location
instead of scattered so that it is accessible by the greatest number of people.
The chart, "Kitsap County Open Space, Parks and Recreation Standards and Actual Plans for
Build -Out of McCormick Urban Village", lists the several standards as they apply to McCormick
Urban Village and presents the open space, trails, parks and other recreation that will be in place at
full build -out of McCormick Urban Village. The chart demonstrates that the Open Space, Parks
and Recreation Plan for build -out of McCormick Urban Village meets or exceeds each standard.
17 of 19
Kitsap County Open Space, Parks and Recreation Standards, and Build -Out
Plans for McCormick Urban Village
Type of Facility
Standards
Build -out Plans
Open Space, including critical
KCOSP20:71 acres per 1,000
areas and buffers
population, or, 710 acres
(Does not include Coulter Creek
Approximately 800 acres
Heritage Park, a regional park)
KCC17.42821:15% of total acres, or,
Over 52 new acres
338 acres
SAP7.2.422: 26-52 acres
Regional Trails (includes walking,
KCOSP: 22 miles per 1,000
hiking, multipurpose trails)
population, all types combined, or
Over 7 miles of trails from north
2.2 miles23
boundary of CCHP to south boundary
of Bremerton Watershed24
KCC 17.428: not applicable
Addition of over 40 acres to CCHP, at
SAP 7.2.4: 26-53 new acres of
Square Lake
regional parks
Parks and Recreation Facilities
KCOSP: 2.5 acres per 1,000
Approximately 25 acres including
(includes a variety of outdoor
population, or 25 acres
McCormick Village Park25, and including
leisure activities and athletic
an estimated 5 acres of facilities at the
facilities appropriate for an urban
KCCC 17.428: 17 acres
schools26. Does not Include McCormick
area)
Woods Golf Course
SAP 7.2.4: 5-10 acres new acres local
arks
Pocket Parks
No standards
Continuation of pattern already
established in McCormick Woods
Per capita investment27
Kitsap Parks Study: $784 per capita,
29
or, $7,84,00028
20 Kitsap County Open Space Plan. Assumes a population of 10,000 for McCormick Urban Village.
21 Kitsap County Code Section 17.428.070. Assumes total estimated acres in McCormick Urban Village is 2,250
acres. 15%=338 acres. 5% of the 338 equals 17 acres.
22 South Kitsap UGAIULID#6 Sub -Area Plan (SAP). Also establishes standards for open space and parks based of
the Kitsap County Open Space Plan
23 No equestrian or mountain bike trails are planned within McCormick Urban Village; however, the standard
applied includes these types of trails.
24 Available to the wider community.
25 Available to the wider community.
26 Available to school district community.
27 Peer capita investment is the standard adopted by Kitsap County as part of the Kitsap Parks Study 2003. Use of a
per capita investment standard allows the County flexibility to response as appropriate in each area.
28 Assumes build -out population of approximately 10,000.
29 Estimates vary from $784 to over $900 per capita depending on many assumptions regarding values of land and
estimated cost of previous construction. In any event, the standard is achieved.
18 of 19
Development Agreement for Open Space, Parks and Recreation
The Open Space, Parks and Recreation Plan for McCormick Urban Village will protect critical areas,
expand the Kitsap County regional trails systems, expand the Coulter Creek Heritage Park, provide
for the development of new school athletic facilities for community use, and create a large
community park. It will meet the needs for the build -out population of McCormick Urban Village.
In order to ensure that there are adequate funds for development to County standards and that
construction occurs in a timely manner concurrently with population growth, it is proposed that a
Development Agreement be adopted concurrently with approval of McCormick Woods Urban
Village Master Plans I and II. This Plan and the accompanying Development Agreement when
adopted shall satisfy all Kitsap County and SEPA requirements regarding provision of open space,
parks and recreation pursuant to the McCormick Urban Village.
The Plan mitigates all open space, parks and recreation impacts at full build -out of McCormick
Urban Village. The Agreement, between Kitsap County and the developer, provides certainty for
both the developer and the County that the improvements will be constructed according to plan,
with appropriate phasing and adequate funding.
19 of 19
a
Spring/Fall Cleanup Dates
Spring
Fall
Proposed for 2009
June 8-12
October 12-16
2008
June 9-13
October 13-17
2007
June 11-15
October 8-12
2006
June 12-16
October 9-13
2005
May 9-13
October 3-7
2004
June 7-11
October 11-15
2003
June 2-6
October 6-10
2002
June 3-7
October 21-25
2001
June 4-8
October 15-19
2000
June 5-9
October 23-27
1999
June 7-11
October 18-22
1998
June 8-12
October 19-23
1997
June 2-6
October 20-24
1996
June 3-7