ORD 84-19 MODIFY REQUIREMENTS FOR OFF-STREET PARKINGORDINANCE NO. 84-19
AN ORDINANCE OF THE CITY OF MINSLOI~L ~I~SHINGTON,
~.~NDING ORDIDIAD~CE NO. 79-15, PASSED BY THE CITY
COUNCIL ON JUNE 4, 1979, TO MODIFY THE REQUIRE-
MENTS FOR OFF-STREET PARKING, LOT COVERAGE
AND MINI}~ YARD REQUIREMENTS FOR CERTAIN PROP-
ERTIES LOCATED WITHIN THF CENTRJ.L BUSINESS
DISTRICT.
WHEREAS, the City Council of the City of Winslow finds
that a more complete utilig~tion of the downtown business area
would promote the economic well-being of the community, and
WHEREAS, the City Council finds that encouraging
existing commercial buildings to remodel and/or expand their
existing commercial space would help accomplish this goal, and
WHEREAS, current zoning requirements reqarding off-
street parking spaces, maximum lot coverage and minimum yard
reouirements in the Central Business District discourage the
remodel and/or expansion of existing commercial buildings and
I,~EREAS, the City Council finds that the following
amendments are in the best interest of the public health,
safety and general welfare, now, therefore,
THE CITY COUNCIL OF THE CITY OF WINSLOW, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. Definitions. The following definitions
shall apply to the terms of this ordinance.
A. "Central Business District" shall mean that portion of
the City of Win slow zoned High Density Commercial as shown in
Exhibit A.
B. "Eligible property" means those lots lying within the
central business district and being less than 38,000 square
feet in size.
C. "Existing building" means those buildings as of
March 1, 1984 which were used for commercial purposes and
which have been so used since that time.
Section 2. Zoning Provisions Modified. Notwithstand-
ing any other provision of the Winslow zoning ordinance, as
amended, when an existing building on eligible property in the
Central Business District is remodeled, the building and property
need not meet the following provisions of the Winslow zoning code,
provided the applicant comply witb all requirements of this
ordinance:
A. Offstreet parking requirements as set forth in Section
2.4 of Ordinance 79-15.
B. Lot coverage reouirements as set forth in Section 1.9
of Ordinance 79-15.
C. Minimum yard requirements as set forth in Section 1.9
of Ordinance 79-15.
Section 3. Limitations. For the purposes of this
ordinance, the remodeling shall include additions to existing
buildings which add 25 percent or more of floor area or a minimum
of 100 square feet to existing floor area provided any such
addition is confined to the same tax lot of the existing building.
Section 4. Application. Any person electing to meet
the provisions of Section 2 of this ordinance must first file
an application with the Land Use Administrator who shall deter-
mine if the proposal complies with the provisions of this ordiance.
The property owner or authorized agent must sign an agreement in
a form approved by the City Attorney agreeing not to protest the
formation of an LID for off-street parking spaces in the Central
Business District. This agreement shall be recorded with the
Kitsap County Auditor and be binding upon successors in interest
and assigns of the owner°
Section 5. 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
invalidity or unconstitutionality shall not affect the validity
or constitutionality of any other section, sentence, clause or
phrase of this ordinance.
Section 6. This ordinance shall be in full force and
effect five (5) days after passage and publication by posting
as provided by law.
APPROVED:
ATTEST/AUTHENTIC~.TED:
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
FILED WITH THE CITY CLERK: April 20, 1984
PASSED BY THE CITY COUNCIL: August 16, 1984
POSTED: August 2~
EFFECTIVE DATE: September 2, 1984
ORDINANCE NO. 84-19
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YNC. 1/4. .
1
AGREEMENT OF NON-PROTEST I
WHEREAS, City of Winslow Ordinance No. 84-jq allows for
exceptions of certain provisions of the Winslow zoning code for
property owners within the Central Business District wishing to
remodel existing buildings on the condition the owner or author-
ized agent signs an agreement not to protest the formation of an
LID for off-street parking spaces in the Central Business Dis-
trict, and
WHEREAS Thomas Haggar & Robert Scribner is the
Owner, or authorized agent of the Owner of certain property lo-
cated at 380 Winslow Way East , the legal description
of which is set forth in Exhibit A of this agreement, attached
hereto and incorporated by this reference as if set forth in full,
which property is within the Central Business District of the City
of Winslow, and
WHEREAS, the Owner has remodeled, or does intend to
remodel, an existing building on the property described in Exhibit
A, and
WHEREAS, she Owner wishes to take advantage of certain
exemptions to the Winslow Zoning Code as provided in Ordinance No.
84-eq. fr-4.0
NOW, THEREFORE, in consideration of approval of City
permits for remodeling, including issuance of a building permit,
and in evidence of mutual benefits, it is hereby agreed as
follows :
1 . The Owner acknowledges that the subject property
would be specially benefited by construction and installation of
off-street parking spaces in the Central Business District, and
agrees to participate in any Local Improvement District and/or
Utility Local Improvement District which are formed in whole or in
part, for the purpose of providing such off-street parking spaces
in the Central Business District. The Owner waives the right to
protest the formation of any such LID and/or Utility LID; provided
that Owner shall retain the right to contest the method of
calculating the /assessment and the amount thereof and the boun-
daries of any such district, to the extent other properties are
not included.
2 . This Agreement shall be recorded with the Kitsap
County Auditor and shall be a covenant running with the land
described on Exhibit A, and shall be binding upon the Owners, the
Owner ' s successors in interest and assigns . All costs of
recording shall be borne by Owner .
DATED this 18th day of December , 1984 .
OWNERS
Accepted by the City of Winslow
By 0/11..e.A;
Mayor, Alice B. Tawresey
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Approved as to Form:
Office of the City Attorney :
By
STATE OF WASHINGTON )
ss .
COUNTY OF KITSAP )
On this day personally appeared before me, Thomas D.
Haqqar and Robert R. Scribner , to me known to be the
individuals described in and who executed the within and foregoing
instrument, and acknowledged that they signed the same as their
free and voluntary act and deed for the uses and purposes therein
mentioned.
GIVEN under my hand and official seal this 18 th day
of December , 1984 .
NOTAR P BLIC idand for the
Sta f Washington, residing
at oulsbo, WA. 98370
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EXHIBIT "A"
Lot 50
That portion of the Northwest Quarter of the Southwest
Quarter of Section 26 , Township 25 North, Range 2 East,
W.M. in Kitsap County, Washington, described as follows:
Beginning at the Southwest corner of the said Northwest
Quarter of the Southwest Quarter; thence North 28 feet;
thence East 759 feet to the True Point of Beginning; thence
North 77 feet; thence East 50 feet; thence South 5 feet;
thence East 95 feet; thence South 72 feet; thence West
145 feet to the True Point of Beginning.
EXHIBIT "B"
Lot 53
That portion of the Northwest Quarter of the Southwest
Quarter, Section 26, Township 25 North , Range 2 East,
W.M. , in Kitsap County, Washington, described as follows :
Beginning at the Southwest corner of said Northwest
Quarter of the Southwest Quarter; thence North 20 feet;
thence East 759 feet to the True Point of Beginning;
thence West 11. 5 feet; thence North 200 feet; thence
West 129 feet; thence North 110 feet; thence East 140.5
feet; thence South 310 feet to the True Point of
Beginning;
EXCEPT the South 8 feet conveyed to the Town of Winslow
by deed recorded under Auditor' s file no. 672153 .
SUBJECT TO assessments , restrictions and reservations
of record.
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DEC1:9 , N I'
THE WINSLOW CLINIC INC. PS ,4
380 WINSLOW WAY EAST C� �F W[N�L��1K
POST OFFICE BOX 10787
BAINBRIDGE ISLAND,WA 98110 rt—
Family Practice p -
B.Sinclair Wilt,M.D.,AAFP T 7J
Thomas D.Haggar,M.D.,ABFP
Robert R.Scribner,M.D.,ABFP
Gregory E.Keyes,M.D.ABFP
Pediatrics
Diane E.Fuquay,M.D.,FAAP City of Winslow
Wendy E.Mouradian,M.D.,FAAP
Winslow Way
Winslow, WA 98110
Internal Medicine
Bruce A.Nitsche,M.D.,ABIM
December 18, 1984
Nurse Practitioner
Jayne Eriks,C.N.P.
Business Manager Dear Sirs:
Terry T.Kass
Please accept this letter as our formal
request for expanding our present building 911
under the City of Winslow Ordinance No. 84-#9'.//'• '
Also enclosed is the site plan of the proposed
expansion and proposed parking area. I have
also enclosed the "Agreement of Non-Protest" and
Exhibit A and B for your review.
Sincerely, ._
_,../ ---"/`'-----7-2d--"2 —
TeKry . Kass
B s' ess Manager
TTK:elb
encl.
Appointments 842-5632
Poulsbo Area 779-7004
Business Office 842-5631
Area Code 206