ORD 81-34 HIDDEN ESTATES DEVELOPMENTORDINANCE NO. 81 - 34
AN ORDINANCE APPROVING THE PRELIMINARY
PLAT AND PLANNED UNIT DEVELOPMENT FOR
THE HIDDEN ESTATES DEVELOPMENT.
F)LED FOR RECORD
1981 ~0'¢ -9 ~ IO: 23
$M'i:RF',H. HL FF
NITSAP COUNTY AUgITOR
WHEREAS, Robert Osborne, dba Osborne Construction Company,
hereinafter referred to as the "Owner", submitted an
application and environmental impact statement for a pre-
liminary plat and planned unit development known as
Hidden Estates, and
WHEREAS, the Winslow Planning Agency and the Winslow Hearing
Examiner, pursuant to application numbers X-80-2 and X=8106,
have recommended approval of the development, and
WHEREAS, certain conditions have been recommended to minimize
its environmental impact and to comply with applicable laws
and regulations, and these conditions are set forth in the
plans, which are attached hereto and made a part hereof, and
the concomitant agreement entered into by the Owner and the
City,
NOW THEREFORE, be it ordained by the City Council of the City
of Winslow, Washington, as follows:
THAT the Owner's application for a preliminary plat
and planned unit development is hereby app~oved.,
subject to the conditions set forth in the plahs,
application documents, and concomitant agreement
entered into by ~]e Owner and the City.
81 11070077
REEL241FR 359
PASSED by the City Council of the City of Winslow, Washington,
this 22nd day of October, 1981.
ATTEST:
Clerk er
APPROVED AS TO FOPS:
City Attorney
Alice B. Tawresey
Mayor
I do hereby certify this Ordinance was signed by the Mayor
this 22nd day of October, 1981
this 2nd day of November, 1981
Chamber of Commerce, City Hall.
Clerk/Treasurer
, and thereafter posted
, at the Ferry Terminal,
Effective November 7, 1981
81 11090077
360
Agreement Relating to Hidden Estates
Concomitant to Ordinance 81 - 34
CONCOMITANT AGREEMENT FOR PRELIMINARY PLAT
AND PLANNED UNIT DEVELOPMENT
THE CITY OF WINSLOW, A Municipal Corporation, located
within Kitsap County, State of Washington, hereinafter
called "City", and ROBERT OSBORNE dba Osborne Construction
Company, hereinafter referred to as "Owner", agree as follows:
t. CONSIDERATION: The consideration for this agreement
is the City's adoption of an ordinance approving a preliminary
plat and planned unit development of certain real property within
the City of Winslow, which approval was recou~ended by the Winslow
Planning Agency and the Winslow Hearing Examiner pursuant to
application number X-80-2 and X-81-6 (Hidden Estates), and the
Owner's acceptance of the conditions set forth in this agreement,
and the plans which are attached hereto and made a part hereof.
In the event any conflict exists between the terms of this
agreement and the plans and application documents, the terms of
this agreement shall be controlling.
2. LEGAL DESCRIPTION: The legal description of the property
subject to this agreement is listed on "Exhibit A" which is
attached hereto and is by this reference made a part hereof as if
fully set forth at this point.
3. CO~ON DESCRIPTION: A parcel of land approximately 15.38
acres located between Madison Avenue and Highway 305, and lying
between High School Road and New Brooklyn Road as extended in
Winslow, Washington.
'81 11090077
361
Agreement Relating to Hidden Estates
Page Two
4. DEVELOPMENT IN ACCORDANCE WITH PUD PROPOSAL AND
PRELIMINARY PLAT: The Owner agrees that development of the
property will be in substantial compliance with the Planned Unit
Development proposal and preliminary plat filed with the City and
identified by exhibits in file numbers X-80-2 and X-.81~6, Winslow
Hearing Examiner. Minor deviations from the PUD proposal and
preliminary plat may be made with approval of the City Engineer's
Office. No substantial deviation from the preliminary plat and
planned unit development shall be permitted without prior approval
of the City Council. The City Engineer's Office shall be responsible
for notifying the Mayor and City Council of any proposed substantial
changes.
5. CONDITIONS OF DEVELOPMENT: The following conditions to
the development of the property are hereby agreed to:
a. p__reliminary Plans: The project shall be developed in
accordance with the preliminary plans dated May 6, 1981, which by
this reference are incorporated in this agreement.
b. Construction Plans: Construction plans shall be
submitted to and approved by the City Engineer prior to commencement
of work.
c. Surface Water Retention System: A surface water
retention system that conforms to all applicable laws and regulations
shall be provided as part of the site improvements. It shall include
either a storm water retention pond, a site retention tank or a
design incorporating the Sakai pond. The design and plans of this
system shall be submitted to and approved by the City prior to
construction. If water is to be released from this system and
allowed to drain off the property, the Owner agrees that it shall
be treated in an oil separator prior to leaving the subject
property.
81110 0077 EtL241F 862
Agreement Relating to Hidden Estates
Page Three
d. Interior Road Construction: The interior road
construction as to width and surface shall meet fire protection
standards established by the City Engineer's Office after consul-
tation with the appropriate official of Fire Protection District
No. 2 and as provided in the Planned Unit Development/Preliminary
Plat as approved by the City Council. Three fire hydrants shall
be installed in accordance with the requirements of Fire Protection
District No. 2. The names of the streets shall be Ryan Lane and
Kimberly Court.
e. ~etback Minimums: The minimum setback from any
property adjoining the total site shall be 25 feet.
f. Screening: The Owner agrees to retain the natural
vegetation along the property line adjacent to SR 305 for a depth
of 200 feet from the property line adjacent to SR 305 in order to
filter out highway traffic noise from the houses and to help
visually screen the housing units from the highway.
g. Sanitary Sewers: The development shall include
sanitary sewers connected to the Winslow Sanitary Sewer System.
The sewers shall conform to all applicable laws and regulations,
and plans shall be submitted to and approved by the City prior to
construction.
h. Separation of Living Units: There are a total of
50 living units proposed in this Planned Unit Development/Prelim-
inary Plat. Each of 50 living units shall, as proposed, be
constructed at least 10 feet apart.
'81 11090077
363
Agreement Relating to Hidden Estates
Page Four
i. Water Line: A water line shall be extended to the
subject property from New Brooklyn Road and shall conform with
all applicable laws and regulations. The plans for this water
line shall be submitted to and approved by the City prior to
construction.
j. Gravel Walkways: Gravel walkways or better shall be
provided on both sides of all roads within the site.
k. Trail: The developer shall be responsible for
construction of a trail along Madison Avenue North, fronting
the subject property. This trail shall be constructed in
conformance with the Winslow Park and Recreation Facilities Plan
and shall conform to all applicable laws and regulations.
1. Parking: The parking plans shall be submitted to the
City Engineer's Office for review in accordance with Section 2.4A
of the Zonin~ Ordinance 79-15 prior to construction of streets.
m. Covenants: The covenants submitted to the Planning
Agency dated 7-15-80, and titled "lst Draft Prcposed Protective
Covenants" are the approved covenants for the Planned Unit
Development/Preliminary Plat.
n. Environmental Mitigating Measures: The applicant
shall comply with all mitigating measures set forth in the
environmental impact statement.
o. Covenants Running with the Land: This agreement shall
be filed for record with the Kitsap County Auditor and shall be a
covenant running with the land and binding upon the Owner, its
successors or assigns.
'81 11090077
RF.[L241F[t 364
Agreement Relating to Hidden Estates
Page Five
p. Remedies and Attorney's Fees: It is agreed that
damages are an inadequate remedy and that the City may seek
equitable relief to enforce any provision of this agreement.
In the event an interpretation of this agreement is required,
an action seeking an interpretation shall first be commenced
in the Winslow Municipal Court; provided that a decision of the
Winslew Municipal Court shall not prevent an appeal de novo to
the Kitsap County Superior Court or any other Court having
jurisdiction. In the event legal proceedings to enforce this
agreement are commenced, the parties agree that the prevailing
party shall be entitled to recover, in addition to any other
relief provided by the Court, the reasonable costs and attorneys'
fees incurred in such action. In addition to the above remedies,
if the Owner has not fully complied with the conditions of this
agreement, the City may refuse to issue an occupancy permit.
DATED this 22nd day of
October , 1981.
ATTEST:
C 1 erk/Tre as ure r
APPROVED AS TO FORM:
Thomas M. Walsh
City Attorney
CITY OF WINSLOW
'81 I 1090977 I [[1.241FR 365
Agreement Relating to Hidden Estates
Page Six
Owner
dba Osborne Construction Company
SUBSCRIBED AND SWORN to before me this j~eO~Xday of ~7~
1981.
at Bainbridge Island.
'81 110'90077
REEL241FR 3EG