ORD 86-18 OFFICIAL ZONING MAP WILBUR & DOROTHY NYSTROMO
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ORDINANCE NO. 86-18
St~jRRit HUFF
KiTSAP COUNFf AIJOITOt~
DEPUTY
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 WILBUR AND DOROTHY NYSTROM REZONE, FILE
NO. X-1-86, FROM MEDIUM DENSITY MULTI-FAMILY
RESIDENTIAL TO HIGH DENSITY MULTI-FAMILY
RESIDENTIAL; AUTHORIZING 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
conclusions to the City Council, and
WHEREAS, the City Council
written findings and
at a public meeting on
May 1, 1985, reviewed the recommendations of the Planning Agency
and Hearing Examiner and at the conclusion of said public
meeting determined that the proposed fezone should be approved,
and
WHEREAS, the City Council adopts the Hearing
Examiner's and Planning Agency's written findings and conclu-
sions, except as specifically set forth herein, and
WHEREAS, the City Council specifically finds that the
tendered concomitant zoning agreement is necessary in connection
with the fezone of the property described in this ordinance 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
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Council on June 4, 1979, as amended is hereby further amended by
changing the zoning classification of certain property herein-
after described from Medium Density Multi-Family Residential to
High Density Multi-Family Residential. 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 Nystrom 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 paid by
the Owner in accord with the terms of
Agreement.
Section 4. This ordinance or a summary thereof
consisting of the title shall be published in the official
newspaper of the City, and shall take effect and be in full
the Concomitant zoning
force five (5) days after the date of publication.
TEST/ U , ENTICATSD:
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
_
FILE THE CITY CLERK: May 12, 1986
PASSED BY THE CITY COUNCIL: July 17, 1986
PUBLISHED: Septe~er 10, 1986
EFFECTIVE DATE: September 15, 1986
ORDINANCE NO. 86-18
APPROVED:
MAYOR, ALICE B. TAWRE~
8609090107
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referred
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CONCOMITANT ZONING AGRBP..MRNT FOR
NYSTROM RRT. ONB
WHEREAS, the City of Winslow, Washington, hereinafter
to as "the City", a noncharter code city, has the
Multi-Family
Residential,
Owners, and
authority under the laws of the State of Washington (Chapter
35A.63 RCW and Article 11, Section 11 of the Washington State
Constitution) to enact laws and enter into agreements to promote
the health, safety and welfare of its citizens and thereby
control the use and development of property within its jurisdic-
tion, and
WHEREAS, Wilbur and Dorothy Nystrom, hereinafter
referred to as "the Owners", 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 fezone of such property, and
WHEREAS, the City Council has authorized preparation
of an ordinance reclassifying said property from Medium Density
Residential to High Density Multi-Family
subject to certain conditions agreed to by the
WHEREAS, the City, pursuant to RCW 43.21C of the State
Environmental Policy Act desires to mitigate any adverse impacts
which might result because of the proposed reclassification, and
8609090108
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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, and
In the event the property described on
attached hereto, situated in the City of Winslow,
Exhibit A
County of
Kitsap, State of Washington, is reclassified from Medium Density
Multi-Family Residential to High Density Multi-Family
Residential, the Owners hereby covenant and agree as follows:
1. General Conditions. The development 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. Any proposed development on
the subject property shall be developed as a planned unit deve-
lopment pursuant to Chapter 18.40 of the Winslow Municipal Code
and any subsequent amendments thereto. In addition, the Owners
agree and by this document hereby dedicate to the City the
following property for street and right-of-way purposes:
a) A 10-foot wide right of way along the west side of
Ferncliff Avenue N.E. for the length of the east property line.
b) A 10-foot wide right of way along the north side
of Winslow Way East for the length of the south property line.
c) A 10-foot wide right of way along the east side of
Cave Avenue N.E. for the length of the west property line.
The legal description of the properties being dedi-
cated are set forth on Exhibit B attached hereto and incor-
porated herein by this reference as if set forth in full.
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In addition, prior to submittal of any application for
any development permit, including but not limited to a building
or grading permit, the proposed development be submitted to the
City departments having jurisdiction regarding conformance to
all applicable codes and ordinances. After all comments are
received by the Owner and/or developer they shall engage in a
pre-application conference before the Planning Agency.
2. Bonds to be Furnished Prior to Permits. Prior to and
as a condition of the issuance of any building, grading or other
permit to be issued in connection with the proposed development,
Owners shall furnish to the City a bond or other suitable
security in an amount to be determined by the Land Use Adminis-
trator and in a form approved by the City Attorney to ensure
that all improvements shown on the site plan or otherwise
required by this Agreement shall be completed within reasonable
time limits set by the City. Each building, grading or other
permit to be issued shall specify a time for completion of the
improvements for which the permit is issued. If the Owners fail
to complete construction of the improvement to the satisfaction
of the City within the time limit specified, 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 com-
pleted or otherwise ensure compliance with this Agreement or to
restore the subject property to its pre-development state.
3. Performance and Maintenance Bonds. Owners shall
provide construction performance and maintenance bonds for any
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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.
4. Engineering Costs. All engineering costs for the
design, construction and inspection of any of the improvements
required by this Agreement and all engineering costs incurred in
determining compliance with the terms of this Agreement up until
the time at which an occupancy permit is issued, whether
incurred by the City or by the Owners, shall be paid by the
Owners; provided that the City shall advise owners in advance
that engineering fees will be incurred and shall give owners a
reasonable estimate thereof.
5. Binding 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.
6. Payment of Costs and Recording Fees. The Owners agree
to pay all costs of recording this Agreement together with all
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reasonable costs incurred by the City in the preparation of this
Agreement, including attorney's fees not to exceed $250.00.
7. Police Power. Nothing in this Agreement shall be
construed to restrict the authority of the City to exercise its
police powers.
8. Enforcement. The parties hereby agree that in the
event any dispute arises out of the terms or enforcement of this
agreement, the parties agree to submit the matter to binding
arbitration. Within ten days after written notice of a dispute
to the other party, the parties will confer and attempt to
select an arbitrator agreeable to both parties. In the event
the parties are unable to agree, either party may apply to the
Presiding Judge of Kitsap County for the appointment of an
arbitrator to arbitrate the dispute. Costs of arbitration will
be borne equally, or as the arbitrator may allocate in his/her
discretion.
9. Severability. In the event any section, paragraph,
sentence, term or clause of this Agreement conflicts with appli-
cable law or is found by any court having jurisdiction 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 conflicting provision and to
this end the terms of this Agreement shall be deemed to be
severable, provided, however, that in the event any section,
paragraph, sentence, term or clause of this _Agreement is found
to conflict with applicable law, the City shall have the right
to bring the proposed development back before the City Council
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for further review and imposition of appropriate conditions to
ensure that the purposes for which this Agreement is entered
into are in fact accomplished and the impacts of the proposed
development are mitigated.
DATED this !~E~ day of
Accepted by the City of Winslow
OWNERS
Wi~i'r[juF Nystrom
Dorothy Ny~rom ~
Attest:
Approved as to Form:
Office of the City Attorney:
By
STATE OF WASHINGTON )
) ss.
COUNTY OF KITSAP )
I certify that I know or have satisfactory evidence that
WILBUR and DOROTHY NYSTROM signed this instrument and acknow-
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RE[390FRi268
ledged it to be his/her free and voluntary act for the uses and
purposes mentioned in the instrument.
DATED this .~/\ day of h ~ZT~,~~~!,7,n~
P6 II a
h S
of ~shington, residing
My appointment expires
STATE OF WASHINGTON )
) ss.
COUNTY OF KITSAP )
I certify that I know or have satisfactory evidence, tha~ : ..
~LICE TAWRESEY and DONNA ~EAN BUXTON signed this instrument,. on .~.~j:
oath stated that they were authorized to execute the instr~'m~t~'..7~'.
and acknowledged it as the Mayor and City Clerk of the City o~'"
Winslow to be the free and voluntary act of such party for the
uses and purposes mentioned in the instrument,
8609090108
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STATE OF WASHINGTON )
) ss.
COUNTY OF KITSAP )
, 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 purposed therein mentioned.
GIVEN under my hand and official seal. This
3~ day of ~L/3~. , 19 ~-i.
NOTARY PUBLIC in and for the State
o~ Washin ton, residing at
REE[390FR1272
8609090109
EXHIBIT "A" TO THE CONCOMITANT ZONING AGREEMENT FOR NYSTROM REZONE
9/2/86 '
ROATS ENGINEERINO
P.O. BOX 995
F~3UL,SI$O, WASHINGTON 9~370
Tl~LEPI40NE 17<J-3~}39
January 15, ]986
Description of Wilbur Nys~rom Property, Winslow, Washington
That portion of the North one-half of the Sotthwest quarter of Section
26, Township 25 North, Range 2 East, W.M., Winslow Kitsap County, WaShington.
Beginning at the Southeas~ corner of sal~ Nor';h one-nail o~ the Southwest
quarter; thence along the East line of said subdivision, N 1024'44" E 338.06 feet;
thence along a fence line, N 88039'50,, W 660.25 feet; thence ]eaving said
fence line and running along the East right of way of Cave Street NE,
S 1°22'14" W 207.29 feet; thence S 88°40'46'' E 50.00 feet; thence
S 1022'14'' W 130.95 feet to the South line of said North one-half of the
Southwest quarter, S 88040'46'' E 610.00 feet to the Point of Beginning,
Except any portions lying within the ri'ght of way for Ferncliff Avenue
NE Co the East and lying within the right of way for Winslow Way East ;o
the South.
8609090f08
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EXHIBIT "A" TO REZONE ORDINANCE #86-18.
GEORGE ROATS. Manlier
HEReERT ~ ARMSTRONG
PETER C. PeGROOT. JR.
ROATS I NGIN I RING
P.O, 80X
P~IUL~BO. WASHINGTON 98370
TELEPHONE 779-3939
January 15, 1986
Description of Wilbur Nystrom Property, Winslow, Washington
That portion of the North one-half of the SoLthwest quarter of Section
26, Township 25 North, Range 2 East, W.M., Winslow Kitsap County, Washington.
Beginning at the Southeast corner of salO Nor'th one-nail ot the Southwest
quarter; thence along the East line of said subdivision, N 1°24'44'' E 338.06 feet;
thence along a fence line, N 88039'50'' W 660.25 feet; thence leaving said
fence line and running along the East right of way cf Cave Street NE,
S 1°22'14" W 207.29 feet; thence S 88040'46.' E 50.00 feet; thence
S 1°22'14'' W 130.95 feet to the South line of said North one-half of the
Southwest quarter, S 88040'46" E 610.00 feet to the Point of Beginning.
Except any portions lying within the ri'ght of way for Ferncliff Avenue
NE to the East and lying within the right of way for Winslow Way East to
the South.
REEL390FR1262
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The Grantor(s)
herein,
for and in consideration of
RIGHT OF WAY DEDICATION (EXHIBIT "B" FOR~0NCOMITANT
AGREEMENT FOR NYSTROM REZONE)
the receipt of which
is hereby acknowledged, do convey, release and dedicate to the City of
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Winslow, Washington, for the use of the public forever, as additional
right of way, the following described real estate, including any interest
therein which Grantor(s) may hereafter acquire:
Ten (10) feet along the west side of the right of way for Ferncliff
Avenue Northeast
Y
Ten (10) feet along the north side of the right of way for Winslow Way
East;
Ten (10) feet along the east side of the right of way for Cave Street
Northeast (Jensen's Addition to Winslow)j
Of the following described property;
That portion of the North one-half of the Southwest quarter of Section
26, Township '25 North, Range 2 East, W.M., Winslow. Kitsap County, Washington.
Beginning at the Southeast corner of said North one-half of the Southwest
quarter;'thence along the East line of said subdivision, N 1°24'44'' E 338.06 feet;
thence along a fence line, N 88°39'50'' W 660.25 feet; thence leaving said
fence line and running along the East right of way of Cave Street NE,
S l°22°14" W 2OT.Zg feet; thence S 88040'46" E 50.00 feet; thence
S lo2Z'14'' W 130.95 feet to the South line of said North one-half of the
Southwest quarter, S 88040'46'' E 610.00 feet to the. Point of Beginning.
Except any portions lying within the right of way for Ferncliff Avenue
t
NE to the East and lying within the right of way'for Winslow Way East to
/
the South. /~
STATE OF WASHINGTON )
OF~t~q0 ~ ss.
COUNTY
in and who executed the within and foregoing tnstrme2~ ackn deed that
they signed the same as their free and voluntary act and deed for the uses and
putposed the~ei~ '~entioned.
GlV~"under my ~nd and official . {, RE[tag0FR127
~ ' ' ~TPUBLIC in'
, NO r th ~of