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HomeMy WebLinkAbout4890 AN ORDINANCE of the City Council of the City of Bremerton, Washington, approving an amendment to the Initial Development Agreement between the City of Bremerton and Port Blakely Tree Farms relating to the submission of the Master Plan and EIS and the time after which the City may give notice to Port Blakely Tree Farms regarding its progress on the Master Plan and EIS and further to make corrections to references to the zoning code relating to development of the Master Plan. WHEREAS, Ordinance No. 4740 approved and authorized the Mayor to sign the Initial Development Agreement between the City of Bremerton ("City") and Port Blakely Tree Farms (Limited Partnership) ("Port Blakely"); and WHEREAS, the Initial Development Agreement was executed on or about January 5, 2001 and recorded under Kitsap County Auditor's No. 200101080083; and WHEREAS, Section 6.4.1 of the Initial Development Agreement allows the City to give notice to Port Blakeley if it does not believe diligent progress is being made with respect to the submission of the Master Plan and EIS. The notice may be given at any time after 36 months from the effective date of the agreement, as extended for any litigation, appeals or other causes beyond the reasonable control of Port Blakely. As extended by litigation and appeals, the Agreement became effective on or about July 3, 2001, the date the court signed the dismissal of the subject litigation; and WHEREAS, Port Blakely has requested an amendment to Section 6.4.1 of the Initial Development Agreement to extend the time after which the City may provide notice to Port Blakely to June 30, 2007; and WHEREAS, staff is recommending that Section 6.4 be deleted in its entirety as an unnecessary condition to development of the Master Plan; and WHEREAS, staffis also recommending that Section 5.3 relating to development of the Master Plan be amended to correct references to the zoning code resulting from subsequent amendments to the code; and WHEREAS, the City Council finds approving the proposed amendment would allow Port Blakely more time and opportunity to proceed with submission of a Master Plan and an EIS for the property and the planning of an economically viable development; and WHEREAS, the City's SEPA Responsible Official has determined that this matter is exempt from SEPA pursuant to WAC 197-11-800(20); NOW THEREFORE, 1 Port Blakely Initial Development Agreement Amendment THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAiN AS FOLLOWS: SECTIONL The proposed "Amendment No.1 to InitialDevelopment Agreement" attached hereto as Exhibit "A", deleting in its entirety Section 6.4. of the Initial Development Agreement executed by the City and Port Blakely on or about January 5, 2001, and further amending Section 5.3 to correct references to the zoning code relating to development of the Master Plan is hereby approved. SECTION2. The Mayor is authorized to execute "Amendment No. 1 to Initial Development Agreement" in substantially the same form as set forth in Exhibit "A" and approved herein. Amendment No. 1 to Initial Development Agreement shall be effective upon full execution by the parties to the Initial Development Agreement. SECTION& Severabilitv. If any one or mom sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 4. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the /7~Jo day of ~ ,2004 'L PASSED by the City Council the ~.)~ day of/73J~t~,J.~ ,2004 DAREN NYG/~/~]' P~-eesident Approved this ~2t-~ 9 day of S~/~?flt~ _/~, 290/~_- CARY B(5~, Mayor ATTEST: . , APPROVED AS TO FORM: P~I~YI~A )OI~N~5~ h~terfm City Clerk ROGER A. LUBOVICH, City'Attorney PUBLISHED the~$l~:aO_ day of ~ ,2004 EFFECTiVE the ~ day of ~bi.a~, ,2004 ORDINANCE NO. ~qO R:\LEGAL\OrdinanceskPort Blakely Amendment.doc 2 Port Blakely Initial Development Agreement Amendment Return Address: City Clerk City of Bremerton 239 Fourth Street Bremerton, WA 98337 AUDITOR/RECORDER'S INDEXING FORM Document Title(s): 1. Amendment No. 1 to Initial Development Agreement Reference Number(s) of Documents assigned or released: Grantor{s): 1. Poi~ Blakely Tree Farms (Limited Partnership) [] Additional names onpage of document. Grautee(s): 1. City of Bremerton [] Additional names on page of document. Legal Description: Pros. of Sections 7, 18 and 19, T24N R1E W.M. Kitsap County, WA (abbreviated) ~ Additional legal is on page of document. Assessor'sPropertyTaxParcel/AccountNuraber: 072401-4-050-2001 182401-1-001-2004 182401-1-003-2002 182401-1-004-200L 182401-1-005-2000 182401-1-006-2009 182401-1-007-2008 182401-1-008-2007 182401-3-007-2004 182401-4-001-2008 182401-4-002-2007 182401-4-003-2006 182401-4-004-2005. 182401-4-005-2004 182401-4-006-2003 182401-4-007-2002. 182401-4-008-2001 192401-1-002-2002 192401-1-003-2001. 192401-1-004-2000 192401-1-005-2009 192401-1-006-2008. 192401-1-007-2007 192401-1-008-2006 192401-1-009-2005. 192401-2-001-2001 192401-2-002-2000 192401-3-002-2008. 192401-3-003-2007 192401-4-007-2001 192401-4-008-200, Exhibit A Amendment to Initial Development Agreement - 1 AMENDMENT NO. 1 TO INITIAL DEVELOPMENT AGREEMENT This Amendment No. 1 to Initial Development Agreement specifically amends the Initial Development Agreement (hereinafter "Agreement") entered into by and between the City of Bremerton, a municipal corporation of the State of Washington, with offices located at 239 4th Street, Bremerton, Washington 98337 (hereinafter "City"), and Port Blakely Tree Farms (Limited Partnership) a Washington limited partnership (hereinafter "Port Blakely"). RECITALS WHEREAS, Ordinance No. 4740 approved and authorized the Mayor to sign the Initial Development Agreement between the City of Bremerton ("City") and Port Blakely Tree Farms (Limited Partnership) ("Port Blakely"); and WHEREAS, the Initial Development Agreement was executed on or about January 5, 2001 and recorded under Kitsap County Auditor's No. 200101080083; and WHEREAS, Section 6.4.1 of the Initial Development Agreement allows the City to give notice to Port Blakeley if it does not believe diligent progress is being made with respect to the submission of the Master Plan and ElS. The notice may be given at any time after 36 months from the effective date of the agreement, as extended for any litigation, appeals or other causes beyond the reasonable control of Port Blakely. As extended by litigation and appeals, the Agreement became effective on or about July 3, 2001, the date the court signed the dismissal of the subject litigation; and WHEREAS, Port Blakely has requested an amendment to Section 6.4.1 of the Initial Development Agreement to extend the time after which the City may provide notice to Port Blakely to June 30, 2007; and WHEREAS, staff is recommending that Section 6.4 be deleted in its entirety as an unnecessary condition to development of the Master Plan; and WHEREAS, staff is also recommending that Section 5.3 relating to development of the Master Plan be amended to correct references to the zoning code resulting from subsequent amendments to the code; and WHEREAS, the City Council finds approving the proposed amendment would allow Port Blakely more time and opportunity to proceed with submission of a Master Plan and an EIS for the property and the planning of an economically viable development; Amendment to Initial Development Agreement - 2 NOW, THEREFORE, for valuable consideration and by mutual consent of the parties the City and Port Blakely agree as follows: AGREEMENT 1, Section 5.3 of the Initial Development Agreement is amended as follows: 5.3 City Review Procedure. The Master Plan shall be developed by utilizing the procedures applicable to development agreements under BMC 21.02.900 and 21.92.25021.02.855, i.e. a Type tit 1V City Council decision on a recomtnendation from the Administrative Hearing Examiner. The Master Plan's adoption by the City Council shall be in the form of an amendment to this Agreement and shall add appropriate Development Standards for build-out of the Project. The Project review will also comply with Sections 7.1 and 7.2 of the Three-Party Agreement as quoted hereafter: 7.1 County Comment on Project Phases. Kitsap County will be given the opportunity to review and comment upon the Master Plan and each phase of the project within the Property prior to approval by the City of Bremerton. The contact person for the County who shall receive all notices and materials from the City shall be the Director of Community Development and delivered to the Kitsap County Courthouse, 614 Division St., Port Orchard, WA 98366, or such other address designated by the County. If the Property is developed in phases, the County will complete its review within ten (1 O) working days after receiving the plans.for each phase. 7.2 Public lnvolvement. Project review shall include public involvement and participation of interested property owners, Tribes and appropriate agencies and groups. In particular, the City during the environmental review process shall seek input from the Suquamish Tribe. 2. Section 6.4. of the Initial Development Agreement is deleted in its entirety as follows. Amendment to Initial Development Agreement - 3 Amendment to Initial Development Agreement - 4 3. ~e deletion of Section 6.4 of ~e ~itial Development A~eement ~d the due diligence ~d notice provisions relating to ~e submission of ~e M~ter Plan and EIS contained therein does not ~t ~ extension to the te~ of the A~eement ~ set fo~ in Section 6.1 or ~ extension or w~ver of ~y o~er te~ or condition cont~ned in the hitial Development A~eement. Fu~emore, ~e deletion of Section 6.4 does not remove the requirement to ~end · e hitial Development A~eement prior to ~y development of ~e prope~y as set fo~h in Section 1.3. All provisions in ~e ~itial Development A~eement sh~l remain in ~11 force ~d effect except as expressly modified by this docment. THIS AG~EMENT requires the si~at~e of all p~ies ~d is executed as of the date of the last si~at~e below. CITY OF B~MERTON PORT BLA~LY T~E FA~S (LIMITED PARTNERSHIP) By: CaryBozeman Its: Mayor By: Date: Its: Date: Amendment to Initial Development Agreement - 5 STATE OF WASHINGTON ) )§ COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that Cary Bozeman is the person who appeared before me, and acknowledged that he signed this instnLment, on oath stated that he was authorized to execute the instrument, and acknowledged it as Mayor of the City of Bremerton to be the free and voluntary act of such City for the uses and purposes mentioned in the instrument. WITNESSETH my hand and seal this day of ,2004. NOTARY PUBLIC in and for the State of Washington, residing at My commission expires / / STATE OF WASHINGTON ) )§ COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and acknowledged that (s)he signed this instrument, on oath stated that (s)he was authorized to execute the instrument, and acknowledged it as of Port Blakely Tree Farms (Limited Partnership) to be the free and voluntary act of Port Blakely Tree Farms (Limited Partnership) for the uses and purposes mentioned in the instrument. WITNESSETH my hand and seal this day of ., 2004. NOTARY PUBLIC in and for the State of Washington, residing at My commission expires / / RALEGAL\Conlracts~DCD~Port Blakely Contract Modification.doc Amendment to Initial Development Agreement - 6 AFFIDAVIT OF PUBLICATION No. Ad # 100098717 STATE OF WASHINGTON COUNTY OF KITSAP I, Valerie Zoller, being first duly sworn on oath, deposes and says: That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of THE SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper; March 30, 2004 and that such newspaper was regularly distributed to its subscribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of $41.53 which amount has not been paid in full. (Signature of Principal Clerk) Subscribed and sworn to before me this day of April 7, 2004. Notary Public in and for the State of Washington, Kitsap County. ORDINANCE NO. 4890' AN ORDINANCE of the City Council of the City of Bremerton, Washington, approving an amendment to the Initial Development Agreement between the City of Bremerton and Port Blakely Tree Farms relating to the submission of the Master Plan and EIS and the time after which the City may give notice to Port Blakely Tree Farms regarding its progress on the Master Plan and ElS and further to make corrections to references to the zoning code relating to development of the Master Plan.- APPROVED by the City Council the 17th day of March, 2004.- PASSED by the City Council the 24th day of March, 2004.- The full text of this ordinance is available from the City Clerk's Office, 239 Fourth Street, Bremerton, WA 98337.- March 30, 2004°°#100098717-