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025-23 - Ordinance - Diaz Meadows Development AgreementDocuSign Envelope ID: 32866CA6-30E0-417A-A7E6-8632FE732166 ORDINANCE NO. 025-23 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A DEVELOPMENT AGREEMENT WITH DIAZ MEADOWS, LLC FOR A MULTI -FAMILY DEVELOPMENT; PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, pursuant to RCW 36.7013.170, the City Council has the authority to review and enter into development agreements that govern the development and use of real property within the City; and WHEREAS, the City Council has adopted standards and procedures governing the City's use of development agreements, codified at Chapter 20.26 of the Port Orchard Municipal Code (POMQ and WHEREAS, Chapter 20.26 POMC is consistent with State law; and WHEREAS, and Diaz Meadows, LLC, a Washington limited liability company organized under the law of the State of Washington ("Diaz Meadows"), applied for a Development Agreement under Chapter 20.26 POMC on August 17, 2023 and such Agreement has been processed consistently with the POMC and State law; and WHEREAS, the Development Agreement by and between the City of Port Orchard and Diaz Meadows relates primarily to the development of property owned by Diaz Meadows, which is located at: 1375, 1385, 1391, 1395, 1405, and 1415 Old Clifton Road (Kitsap County Tax Parcels 032301-2-044-2009, 032301-2-043-2000, 032301-2-042-2001, 032301-2-025-2002); and WHEREAS, in order to facilitate the Diaz Meadows Project having superior design principles, some flexibility on applicable code provisions is appropriate and is off set by the public benefit of having buildings with superior design; and WHEREAS, the Developer proposes to construct at its expense, a portion of Capital Improvement Project #8 as shown in table 7-2 of the Port Orchard Comprehensive Plan; and WHEREAS, Project #8 as shown in Table 7-2 of the Comprehensive Plan is estimated to cost $1,325,000 and is shown as being 75% developer funded; and WHEREAS, the Developer proposes to build 27% of the total project watermain length but not build the planned project Pressure Reducing Valve (PRV) station; and WHEREAS, under POMC 20.26.020, the City Council has the authority to modify DocuSign Envelope ID: 32866CA6-30E0-417A-A7E6-8632FE732166 Ordinance No. 025-23 Page 2 of 3 development standards as they deem appropriate; and WHEREAS, in consideration of the benefits conferred by this new Agreement, which reflect the current plans of both the City and Diaz Meadows, the Parties deem it in their best interests to enter into this Agreement; and WHEREAS, in consideration of the benefits conferred by this new Agreement, which reflect the current plans of both the City and Diaz Meadows and include capital facility charge credit calculation, the Parties deem it in their best interests to enter an Agreement and the City Council finds that approving the Agreement is in the public interest; and WHEREAS, on August 24, 2023, the City's SEPA official issued a Mitigated Determination of Non -significance for the development and no appeals were filed in a timely manner; and WHEREAS, the City Council held a public hearing on October 10, 2023 regarding this Agreement and public testimony was received; and WHEREAS, the City Council, after careful consideration of the Development Agreement and all public comments and testimony, finds that the Development Agreement is consistent with the City's Comprehensive Plan and development regulations, the Growth Management Act, Chapter 36.70A RCW, and that the Agreement in the best interests of the residents of the City; now, therefore, WHEREAS, after a public hearing, by Ordinance No. 025-23, the City Council authorized the Mayor to sign this Agreement with Diaz Meadows. THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Findings. The City Council adopts all of the "Whereas" sections of this ordinance and all "Whereas" sections of the Development Agreement as findings in support of this ordinance. SECTION 2. Authorization. The City Council approves of and authorizes the Mayor to execute a Development Agreement with Diaz Meadows substantially as provided in "Exhibit A" of this Ordinance. SECTION 3. Severability. 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 DocuSign Envelope ID: 32866CA6-30E0-417A-A7E6-8632FE732166 Ordinance No. 025-23 Page 3 of 3 invalidity or unconstitutionality shall not affect the validity of constitutionality of any other section, sentence, clause or phrase of this Ordinance. SECTION 4. Corrections. Upon the approval of the city attorney, the city clerk and/or code publisher is authorized to make any necessary technical corrections to this Ordinance including but not limited to the correction of scrivener's/clerical errors, references, Ordinance numbering, section/subsection numbers, and any reference thereto. SECTION S. Effective Date. This Ordinance shall be published in the official newspaper of the city and shall take 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 publishing the entire Ordinance, as authorized by state law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor Pro-Tem and attested by the City Clerk in authentication of such passage this 101" day of October 2023. ATTEST: Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: DocuSigned by: Charlotte A. Archer, City Attorney PUBLISHED DATE: October 13. 2023 EFFECTIVE DATE: October 18, 2023 DocuSigned by: AkA -rmw, aFF�samFr�Fanx Mark Trenary, Mayor Pro-Tem SPONSOR: Scott Diener, Council Member EXHIBIT A: DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF PORT ORCHARD AND DIAZ MEADOWS