ORD 84-03 AMENDING OFFICIAL ZONING MAPWDT: j t
2/28/84
ORDINANCE NO. 84-03
AN ORDINANCE OF THE CITY OF WINSLOW, WASHING-
TON, AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF WINSLOW TO CHANGE THE ZONING DESIGNA-
TION ON CERTAIN REAL PROPERTY COMMONLY KNOWN AS
THE CLARK/WELD REZONE, FILE NO.REZ84-01, FROM
MEDIUM DENSITY MULTIPLE TO COMMERCIAL; AUTHORI-
ZING EXECUTION OF A CONCOMITANT ZONING
AGREEMENT AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Planning Agency at a public hearing which
was continued from time to time until completed, considered
the following amendment to the Official Zoning Map of the City
and a concomitant zoning agreement which was tendered by the
applicants; and
WHEREAS, the Planning Agency has made findings and
recommendations which were forwarded to the City Council, and
WHEREAS, the City's Hearing-Examiner has conducted a
public hearing and has forwarded written findings and
conclusions to the City Council, and
WHEREAS, the City Council at a public meeting on
February 16, 1984, reviewed the recommendations of the
Planning Agency and Hearing Examiner and at the conclusion of
said public meeting determined that the proposed rezone should
be approved, and
WHEREAS, the City Council adopts the Hearing
Examiner's and Planning Agency's written findings and
conclusions, except as specifically set forth herein, and
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WHEREAS, the City Council specifically finds that the
tendered concomitant zoning agreement is necessary in connec-
tion with the rezone of the p~operty described in this ordi-
nance to protect the public health, safety and general
community welfare, now, therefore,
THE CITY COUNCIL OF THE CITY OF WINSLOW, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. The Official Zoning Map of the City of
Winslow, as adopted by Ordinance No. 79-15, passed by the City
Council on June 4, 1979, as amended is hereby further amended
by changing the zoning classification of certain property
hereinafter described from Medium Density Multiple to
Commercial. The legal description of the property rezoned is
set forth on Exhibit A attached hereto and incorporated herein
by this reference as if set forth in full.
Section 2. The Land Use Administrator is hereby
instructed to effectuate the necessary amendments to the
Official Zoning Map of the City of Winslow pursuant to this
ordinance.
Section 3. The Mayor is hereby authorized to execute
and the City Clerk to attest to that certain document entitled
"Concomitant Zoning Agreement for Clark/Weld Rezone." The
City Clerk is further directed to record said concomitant
zoning agreement with the Kitsap County Auditor as a covenant
running with the land. The cost of said recordation shall be
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paid by the Owner in accord with the terms of the. Concomitant
Zoning Agreement.
Section 4. This ordinance shall be in full force and
effect five (5) days after passage and publication by posting
as provided by law.
APPROVED:
ATTEST/AUTHENTICATED:
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
E CITY CLERK:
PASSED BY THE CITY COUNCIL:
POSTED: June 25, 1984
EFFECTIVE DATE: June 30, 1984
ORDINANCE NO. 84-03
~(~ %/~/-.d -
MAYOR, ALICE B. TAWRESE(~/
March 15, 1984
SIGNED BY THE MAYOR JUNE 21, 1984
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EXHIBIT "A"
PARCEL I:
The West half of Lot 1 of Jensen's Addition to Winslow, as per
plat recorded in Volume 3 of Plats, Page 20, records of Kitsap
County, Washington;
EXCEPT that portion conveyed to the State of Washington by deed
recorded January 28, 1954 under Auditor's File No. 589338;
AND EXCEPT the South 15 feet conveyed to City of Winslow by
Auditor's File No. 8003270101.
PARCEL II:
The East half of Lot 1 of Jensen's Addition to Winslow as per
plat recorded in Volume 3 of Plats, Page 20, records of Kitsap
County, Washington;
EXCEPT the South 15 feet conveyed to City of Winslow by Auditor's
File No. 8003270100.
PARCEL III:
Lot 2 of Jensen's Addition to Winslow, as per plat recorded in
~olume 3 of Plats, Page 20, records of Kitsap County, Washington;
EXCEPT the South 15 feet conveyed to City of Winslow by Auditor's
File No. 8003270104.
REEL363FR:I_90'2
860 110012
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CONCOMITANT ZONING AGReeMENT FOR
CLARE/WElD REZONE
WHEREAS, the City of Winslow, Washington, hereinafter referred
to as "the City", a noncharter code city, h~s the authority under the
laws of the State of Washington (Chapter 35A.63 RCW and Article 11, Section ll
of the Washington State Constitution ) to enact laws and enter into agree-
ments to promote the health, safety and welfare of its citizens and thereby
control the use and development of property within its jugsdiction,and
WHEREAS, Bill Weld, Samuel J. Clarke and Margaret R. Clarke, husband
and wife, Beverly Clarke Berg, Barbara Clarke Stevenson, Samuel James Clarke,
Jr., and Letitia Clarke Portelance, hereinafter referred to as "the Owner',
are the Owners of certain real property located within the City of Winslow,
Kitsap County, Washington, Which is the subject of this Agreement and which
is legally described on Exhibit A attached hereto and incorporated herein
by this reference as if set forth in full, and have applied for a rezone of
such property, and
WHEREAS, the City Council has authorized preparation of an ordinance
reclassifying said property from Medium Density Multiple to Commercial sub-
ject to certain conditions agreed to by the Owner, and
WHEREAS, the City, pursuant to RCW 43.21C of the State Environmental
Policy act desires to mitigate any
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adverse impacts which might result because of the proposed
reclassification, and
WHEREAS, the Owners have indicated a willingness to
cooperate with the City to ensure compliance with all local
and state regulations relating to the use and development of
the subject property, now, therefore,
In the event the property described on Exhibit A
attached hereto, situated in the City of Winslow, County of
Kitsap, State of Washington, is reclassified from Medium
Density Multiple to Commercial, the Owners hereby covenant
and agree as follows:
1. General Conditions and Site Plans. The develop-
ment of the subject property shall be subject to the terms of
this Concomitant Zoning Agreement and all rules, regulations,
ordinances and policies of the City of Winslow. The develop-
ment shall substantially conform to the Site Plan prepared by
12-9-82 Landscape
Miles Yanick on 1]-29-82 Site Plan ,
12-9-82 Landscape
and received by the City on 11-29-82 Site Plan ,
and contained in City Land Use File ~4-30-81-2. No deviation
shall be permitted from the said Site Plan except tothe extent
necessary to comply with the conditions hereinafter specified.
2. Bonds to be Furnished Prior to Permits. Prior to
and as a condition of the issuance fo any building, grading
or other permit to be issued in connection with the proposed
development, Owner shall furnish to the City a bond or other
suitable security in an amount to be determined by the Land
Use Administrator and in a form approved by the City Attorney
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860 1100125 [t363[ ,t939
to ensure that all improvments shown on the site Dlan or
otherwise required by this Agreement shall be completed
within time limits set by the City. Each building, grading
or other permit to be issued shall specify a time for comple-
tion of the improvements for which the permit is issued. If
the Owner fails to complete construction of the improvement
to the satisfaction of the City within the time limit speCi-
fied, the City may, at the City's option, forfeit the bond or
security furnished for the improvement and may, but shall not
be required to, use the proceeds of the bond to contract to
have the improvement completed or otherwise ensure compliance
with this Agreement or to restore the subject property to its
pre-development state.
3. Project PhasinR. Approval of this project shall
be for a period of two years. Construction of the first of
the two building phases nmst commence within that time period
and be completed in accordance with the time requirements of
the building code. Completion of Phase One is defined as
completion of not less that 9,000 square feet of office area
and compliance with all other provisions of this contract.
Completion of Phase Two is defined as completion of the
remainder of the office building. In the event the project is
not commenced within the time set forth herein, the applicant
may request a one-year extension. Approval of such a request
shall be at the discretion of the City Council.
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4. Building Occupancy/Uses. Commercial uses of the
property shall be limited to: Savings & loan institutions
and credit unions; business developing and/or selling
computer-related materials; real estate offices; insurance
offices; chiropractic and optometrists offices; doctors
offices; appraisers offices; law offices; accountants and
bookkeepers offices; engineering and architectural offices;
consulting firms; travel agencies; photographic studios;
telephone answering and secretarial services; advertising
agencies; brokerage firms; counseling services; governmental
offices; contractors offices (not involving on-premises
selling); sales offices involving the sale of off premises
goods only, and other similar uses deemed appropriate by the
Planning Agency.
5. Landscaping. A fezone of this prominent corner
will enable landscaping and building design effects that can
be a credit to the City of Winslow and Bainbridge Island.
Therefore, the Owners shall have professionally designed and
installed landscaping which fulfills this intention. The
Owners shall implement permanent systems for the maintenance
of this landscaping. In keeping with this, the Owners shall,
as a prerequisite of receiving an occupancy permit, submit to
the Planning Agency for review and approval a detailed
landscaping plan for the entire property, which complies
substantially with the concept plan herein. Berms, trees,
and other plantings shall be placed so as to reduce the
visibility of parking spaces to residents to the north and
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860 I lOOt 25 REEL363FR.tgit
east. Covenants and restrictions governing owners and users
of the development shall include permanent provisions for the
accumulation of funds for the maintenance of grounds, as well
as maintenance of the buildings. Plants designated in the
landscape plan shall be maintained alive, healthy, or shall
be replaced. Any consequential revision to the landscape
plan shall be submitted to the Planning Agency for assurance
of general compliance with the intent of the this agreement.
6. Streets. Vehicle access to the property shall be
from Cave Avenue only. The Owners shall dedicate, complete,
and pay all costs for the widening of Cave Avenue, to provide
for an additional eleven (11) foot lane, from its juncture
with Winslow Way to the vehicular entry to the property.
Internal project roads shall be paved with an all-weather
surface of sufficient width to provide for adequate emergency
services. Design and construction plans for the widening of
Cave Avenue shall be done by a registered professional
engineer licensed to practice in the State of Washington and
shall be submitted to the City for approval prior to
beginning construction. These plans shall conform to City
specifications.
7. Curbs and Sidewalks. Sidewalks and curbs, in
accordance with City specifications, shall be completed, at
Owners' expense, along Winslow Way and Cave Avenue borders of
the property. An enlarged sidewalk area shall be installed
at the southwest corner of the property to provide a safety
platform for pedestrians waiting to cross Winslow Way or
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860 t00J25
SR305. Internal project walkways and landscaping shall be
designed so as to direct pedestrian traffic toward this
intersection, and discourage crossings at Cave Avenue.
Design and construction plans for the sidewalks and curbs
shall be done by a registered professional engineer licensed
to practice in the State of Washington and shall be submitted
to the City for approval prior to beginning construction.
These plans shall conform to City specifications.
8. Vehicle Traffic Controls. The project will
require the installation of pedestrian signals across all
four legs of the intersection of Winslow Way and SR305. A
new electronic signal controller will have to be installed,
along with pedestrian signal indicators and pushbuttons.
Owners agree to pay for the costs limited to $32,100 of these
improvements prior to receipt of an occupancy permit.
9. Off Site Improvements. The property will be
benefited by certain off-site improvements which justifv
contributions. Therefore, the Owner agrees not to protest
formation of and to participate in the following LIDs:
a) Improvements in the pedestrian control
devices at the intersection of Winslow Way and SR305.
Improvements to Winslow Way from Ferncliff
b)
Avenue to SR305.
c)
City Park improvements.
Nothing' herein shall be deemed to prohibit o~ners from
contesting the method of assessment or the amount of
assessment on their property.
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10. Utilities. Engineering designs will be
completed by the Owners, and a~roved bv the City Engineer,
which meet Citv codes for water, sewer, storm drainage and
the work will be done at no cost to the City, and in a manner
which imooses minimal disruption to traffic and site
appearance. All building shall be connected to the City of
Winslow sanitary sewer system. The Owners shall comply with
the Citv's storm water retention/dentention requirements per
Ordinance 79-15 and Ordinance 81-27. The Owners shall submit
and have ap~roved by the City Engineer a grading plan for the
site prior to any earthmoving activities. The O~ers shall
seed or sod all areas designated for grass according to the
landscape plan, within thirty days after completion of the
building for occupancy. All utilities shall be underground.
The O~mers shall furnish to the City "as-built" ~vlars of all
utilities and roadways. All drawings, designs, and
construction plans shall be done by a registered professional
engineer licensed to practice in the State of Washington and
shall be submitted tc the City for approval prior to
beginning construction. These plans shall conform to City
specification.
11. Traffic. Covenants and restrictions for the
building shall include a system for the encouragement and
facilitation of measures aimed to reduce vehicular trip
generation, including a bus and ride share bulletin board,
and a policy favoring shift staggering to avoid trip genera-
tion when the ferry is loading or unloading.
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86 0 I 100 25
Demonstrated
E[[36,3Ft]191]
reductions of parking stall requirements, based on ride
sharing and other vehicular reductions may be reviewed by the
City Engineer and the Planning Agency for a special allowance
for parking stall rentals to non-employees of the project.
However, nothing in this contract shall be construed as
obligating the City to permit or approve the renting of
parking stalls to non-employees of the project.
12. Performance and Maintenance Bonds. Owner shall
provide construction performance and maintenance bonds for
any improvement in any public right-of-way and any utilities
connecting into City systems or anticipated to be turned over
to the City upon their completion and acceptance by the City
of the same. The amounts of said bonds shall be in an amount
as be determined by the City and shall be in a form approved
by the City Attorney. Said bonds shall be furnished prior to
the issuance of any building, grading or other permit to be
issued in connection with the construction of the proposed
development and shall be in addition to any other bonds
required by this Agreement.
13. Engineering Costs. All engineering costs for
the design, construction and inspection of any of the
improvements required by this Agreement or contemplated by
the Site Plan, and all engineering costs incurred in deter-
mining compliance with the terms of this Agreement up unil
the time at which an occupancy permit is issued, whether
incurred by the City or by the Owners, shall be paid by the
Owners.
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860 100125
14. Bindinq Effect. This Agreement shall be filed
and recorded with the Kitsap County Auditor and shall be a
covenant running with the land described on Exhibit A
attached hereto and incorporated herein by reference as if
set forth in full, and shall be binding upon the Owners,
their successors in interest and assigns.
15. Payment of Costs and Recording Fees. The Owner
agrees to pay all costs of recording this Agreement together
with all reasonable costs incurred by the City in the
preparation of this Agreement, including attorney's fees.
16. Police Power. Nothing in this Agreement shall
be construed to restrict the authority of the City to
exercise its police powers.
17. Enforcement. In addition to any other remedy
provided by law, the City may, at its discretion, maintain a
lawsuit to compel specific performance of the terms and con-
ditions of this Agreement or to otherwise enforce its provi-
sions, through injunctive or other relief, and if the City
prevails in such action, it shall be entitled to recover all
costs of enforcement, including reasonable attorney's fees.
18. Severability. In the event any section, para-
graph, sentence, term or clause of this Agreement conflicts
with applicable law or is found by any court having jurisdic-
tion to be contrary to law, such conflict shall not affect
other sections, paragraphs, sentences, terms or clauses of
this Agreement which can be given effect without the con-
flicting provision and to this end the terms of this Agree-
860 100125
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