ORD 87-14 HOBBLE OFFICIAL ZONINGORDINANCE NC.. 87-14
AN ORDINANCE OF THE CITY OF WINSLOW, WASHING-
TON, AMENDING THE OFFICIAL ZONING blAP OF THE
CITY OF WINSLOW TO CHA]~GE THE ZONING DESIGNA-
TION OF CERTAIN REAL PROPERTY COMMONLY KNOWN
AS THE HOBBLE REZONE, FILE NO. X-3-87, FROM
MEDIUM DENSITY MULTI-FAMiLY RESIDENTIAL TO A
COMMERCIAL PLANNED UNIT DEVELOPMENT, LOCATED
AT MADISON AVENUE AND WYATT WAY.
WHEREAS, the Planning Agency at a public meeting
considered the following amendment to the Official Zoning Map
of the City and a planned unit development and conditional use
permit as proposed by the applicants; 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
July 2, 1987 reviewed the recommendations of the Planning Agency
and Hearing Examiner and at the conclusion of said public
meeting determined that it would be in the public interest that
the rezone and planned unit development and conditional use per-
mit should be approved,
THE MAYOR AND CITY COUNCIL OF THE CITY OF WINSLOW,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The proposed planned unit development
as modified by city council herein shall be herewith approved
and adopted.
Section 2. The proposed conditional use permit
for parking shall be approved, but only so as to provide
for off-street parking unless it is commercial loading and
unloading; and the hearing examiner's conclusion of Law V,
paragraph 3, sentence one, paragraph 3 stating that four
additional parking spaces may be available on Wyatt Way on
the North side of the project, shall be deleted; otherwise,
the findings and conclusions ~n this respect shall be approved
and adopted.
.qecinon 3. Except as, <]e]etud abo\'c, ihe city counci]
,~ha]] approve and adopt all of tbc. tlearjxm i]:.:a;h~ner's and Plann~
Agency' s remaining findings, conclusions, and recommendations
but only after making the fo]]owing amendments:
The first sentence of Section IV D is amended
by adding the word "storm" so that v;hen adopted
it shall read "storm sewer system."
Item 4 of the recommendations ~.;bich read "Maint-
enance of the existing fence" shall be amended by
changing "the existing" so as to read "a screening"
when adopted.
c~crie:! 4. ~'~: C'~: ciai 3or:in~ ..'.inN. c'.f zlle C2~.
?~inslow, as adopted bv Crdir. ar:ce ]:c. 7b-15, passed b,' ~r,e C~='.'
Council on aune 4, !~;7~:, as amendeS is herebl,' further amended ;:v
cnan~ing the zonina clas ificazion of cer~aLn D~'oR}ertY hereir.-
after described from I.led2um Density Multi-Family Residential
~o comm~ercial. The leaal description of the proper~y rezoned
is set forth on Exhibit A attached hereto and incorporated
herein by this reference as if set forth in full.
Section 5. 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 6. The Mayor is ~ereby authorized to execute
and the City Clerk to attest to this document. The City Clerk
is further directed to record this document, the legal descript-
ion of the property, and file No. X-3-87, with the Kitsap
County Auditor.
Section 7. This ordinance title shall be published
in the official newspaper of the City, and shall take effect
and be in full force five (5) days after the date of publication.
APPROVED:
ATTEST/AUTHENTICATED:
/
APPROVED AS TO FORM:
·
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO,
MAYOR ALICE B. TAWRESEY ~F
July 2, 1987
July 2, 1987
July 29, 1987
August 3, 1987
87-14
Exhibit A
ROBERT ~5; NORMA
4110 OOO OOI 0008
IA RS /ON E PAR K
Section 26, Township
B lock OOO, Lots I
lots 19
ADDITION
and 2 ,
also
and 20
TO WI NSLOW
Range 2 East
Exhibit A
ROBERT & NORMA HOBBLE
L~IIO OOO OOI 0008
LARS LONE PARK ADDITION TO WINSLOW
Section 26, Township 25, Range 2 East
B lock OOO, Lots 1 and 2,
also
Lots 19 and 20
870 7290 ! 13 ~E[t430F~J5241
BEFORE TI.~
~F, EA_RING FJAMINi~R
CiTY OF WINSLOW
In the Matter of the )
Application for The Yldison Village )
Planned Unit Development, Rezone and )
Conditional Use Pernit, )
Robert ~obble, Applicant )
)
)
File No. X-3-87
CITY, OF WINSLOW
FLYDINGS OF FACT, CONCLUSIONS
OF LAW, RECOMMENDATION ON
REZONE &YD P.U.D., tND
DECISION ON CON~ITiCNAL USE
PEiM!T
At 7:00 P.M. on May 18, 1987, the Hearing Examiner conducted a
public hearing at Winslow City Hall to consider the application of
Robert Hobble (Applizant) for his Madison Village Planned Unit
Development(P,U.D.) proposal for lots 1,2,19 and 20 of the Lars Lone
Park Addition to Winslew. He seeks a fezone from Medium Density
M Itifamil7 Residential to Commercial, approval of a P.U.D. and a
u
Conditional Use Perm..Zt to a~ow joint parking between r=~a4] and
residential use. Present at the hearing were j. Robin Hunt, Hearing
Examiner, Mike Regis, Land use Administrator, and Mr. and Mrs. Robert
Hobble, applicants. Renee Hauge monitored the recording of the
hearing. Nc other persons attended.
Mr. Hobble and Mr, Regis gave testimony and responded to questions
asked by :he Hearing Examiner. No other persons spoke in favor of or
in opposlticn tD the app!icaticn. Nor does the file contain any
letters from the c~raunity.
From the testimcn7 at the hearing, the exhibits in the file and a
review of the project site and neighboring properties, the Hearing
Examiner now makes and enters the following:
Fi.xFDINGS OF FACT
The propert7 for which the proposal is made is known as lots
1,2,19 and 20, cf the Lars Lone Park Addition to Winslow, It is
located at the southeast corner of Wyatt Wa7 and Madison Avenue,
bounded by Madtone Way on the south.
-iI-
Applicant proposes a mixed use Planned Unit Development. It would
include one building with 3392 square feet of retail space on the
ground level and three apartments above for a total of 6342 square
feet. In addition there would be three separate townhouses ranging in
area from 1066 square feet to 1098 square feet and one 560 square feet
apartment above a garage. In all there would be seven residential
units.
8707290113 EEt430FnlS25
-I!I-
The zeta! area of the four lots is approximately 30,5~5 square
feet. Applicant pro.Doses to develop for commercial usa 3392 square
feet or 112 of the total area. See Planning Agency's Findings of Fact,
Conclusions and Recommendations, Exhibit G, and the site plan, Exhibit
A-3.
-IV-
Applicant proposes to devote 6556 square feet or 66% of the total
project to residential usa. See Exhibit G, p.2. The three townhouses
appear to cover 1725 square feet of land. The total lot coverage of
residential units a~pears to be 2285 square feet, including the
apartment ever the garage, or 72 of the land. See site plan, Exhibit
A-3, and Planning Agency Findings of Fact, Exhibit G.
-V-
Applicant proposes to construct 25 parking stalls for joint use by
residents and retail customers.
-VI-
Vehicular access to the property will be by way of a 24-feet wide,
two-way driveway off Madison Avenue near the southwest corner of the
site. See Exhibit A-3. Additional egress is provided at the northeast
corner by a one way-drive exiting onto Wyatt Way. The property
adjoining to the east, lot No. 3, contains an engineering office, which
will also access from this drive.
-VII -
As part of the P.U.D., Applicant will install sidewalks along the
north and south boundaries of the property. Applicant plans to pave
the adjacent shoulder-like area along the south side of Wyatt Way,
enclosed at both ends by grassy areas. This paved area could provide
additiena! parkin~ space for up to four vehicles, if allowed by the
City.
Eventually a sidewalk will be installed along the west side of
the property as part of the City's L.I.D. for widening Madison Avenue.
-VIII-
With the exception of one large tree, which would be removed to
build the retail complex, Applicant intends to retain the existing
large fir and maple trees on the property. He plans substantial open
space in addition to parking.
The central open space includes paved walkways, as well as a
commons area "plaza" to be covered by grass or ground cover. He
-3-
870 7290113 BEEt430FR152f;
anticipates that this commons area would be used for public gatherings
as well as by the residents and retail users of the property. He plans
to add benches and landscaping to the commons or plaza area.
-IX-
Other than a couple planter boxes, it does not appear that
vegetative landscaping is adjacent to or interspersed with parking
stall numbers eight through thirteen. It also appears that the tongue-
like projection a!cng the east side of parking stall number eight is
less than five feet wide and is paved rather than planted with
vegetation. See site plan, Exhibit A-3.
oX-
The property is currently zoned Medium Density Multifamily
Residential. The Comprehensive Plan for the City of Winslow designates
this property as Multifamily Low Density Residential. Much of Madison
Avenue between Winslew Way and Wyatt Way is designated commercial and
used for commercial purposes, including the newspaper business office,
a veterinary office, realtors, fish processing, dry cleaner, fitness
center, retail stores and bowling alley. rne area north across Wyatt
Way is designated as Multifamily Residential and is used primarily as
such, except for the two corner lots which contain an older house
converted to service oriented offices. The land west across Madison
Avenue is designate! commercial and contains a service station and car
wash.
-XI ~
The property has remained undeveloped for at least the last 25 to
30 years. Other properties nearby have been developed during that time
and are either multifamily residential or commercial.
-XII -
The PlanninE Agency found the quality of design of this proposal
to be superior to the only ether cormnercia! P.U.D. in the City of
Winslow, The Winslow Green. The Planning Agency hopes that this
superiority of design will assist the City in the review of future
pro]ects by helping to establish a high standard. The Planning Agency
further found that the project fulfills the intent and purposes of a
Planned Unit Development according to W~C 18.40.010, by virtue of its
creative integration of residential and commercial uses in an
aesthetically pleasing landscaped site. See Exhibit G.
Some of the features which contribute to the pleasing aesthetics
and superior quality of design are as follows: The public would feel
invited into the large central open space embraced by the exterior
arrangement of buildings. The facades of the buildings vary in height
and exterior design, yet blend harmoniously. The overall character is
reminiscent of a small New England village surrounding a central green.
Retention of the large trees, taller than the proposed buildings,
'8707270113
REE[430F 1527
allows the vegetation to be a dominate feature.
-XIII-
Originally there was a restriction on the Lars Lone Park Addition
to Winslow requiring that the lots be residential ?nly. The other
owners of the Lars Lcne Plat accede to Mr. Hobble s request for
lifting the piaz restriction. See Exhibit I. Accordingly, the City is
allowing the plat restriction to be lifted. See paragraph 3.5 of the
Planning Agency's Minutes dated February 12, 1987, Exhibit B.
-XIV-
A determination cf environmental non-significance was issued on
February 13, 19a7. See Exhibit J and Exhibit G, p.1.
On May 1S, 1947, the Winslow Planning Agency recommended approval
of the fezone, P.U.D., and Conditional Use Permit, subject to three
conditions, which are incorporated as conditions four through seven in
the Hearing lxaminer's Conclusion, infra, See Exhibit E.
Notice cf the public hearing was published in the gainbridge Review for
two consecutive weeks, commencing May 6, 1987, and ending May 13, 1987.
See Exhibit H. At least one sign was posted on the property; however,
when the Hearing Examiner walked the property mid-day on May 18, 1987,
this sign was found knocked over in the ditch at the southeast corner
of Madison Avenue and Wyatt Way. The Cit7 was notified and an attempt
was made tc reposi~icn the notice.
CONCLUSIONS OF LAW
-I-
Adequate nctize cf the public hearing was given. See Finding of
Fact PSI.
-II-
ComMercial and residential P.U.D.'s are permitted uses in a
commercial zone. ~)fC 18.44.020 J. and K.
-I!I-
The Winslow Municipal Code specifies no criteria for evaluating
rezone requests. However, the City has been using as a reference a May
28, 1987, letter from former City Attorney, Wayne Tanaka, to A1
Grajeda, previous Land Use Administrator. Applicant's project appears
to meet those criteria for rezoning as follows:
-4-
8 7072901 t 3 B[[ 430F 1528
Conformance With Comprehensive Plan
A!thcugh the proposed zoning change does not conform to
the Comprehensive Plan, this difference does not defeat
the proposal. Rather it appears that the property has
been carved out for treatment different than that the
surrounding properties due to specific restrictions of
the Lars Lone Park Addition to Winslow rather than
comprehensive planning objectives. See map 8 of the
Dec~_mber 1974 City of Winslew Comprehensive Plan, in
which the Lars Lone Park Addition is the only property
due south of Wyatt Wa7 to be designated multi-family low
densit7. The propert7 is bordered on the west and south
by a non-residential designation and on the east by a
multi-family high density designation, Reference to the
Comprehensive Plan designations for adjacent properties
indicates that a commercial designation for the property
would be appropriate. See Finding of Fact X.
The proposal also appears to be consistent with the
Winslew Strategic Plan Draft Report of February 1987, in
that it reflects small to~ character, retains tall
native trees and contains mixed retail and residential
mu!tifa_nily uses.
Relationship to Nearby Zonin% and Use
As mentioned in Finding of Fact X, the proposed
ccm. ercial rezoning of this property would be consistent
with land use and zoning west across Madison Avenue and
south along Madison Avenue. The residential use proposed
for this mixed use P.U.D. would be consistent with the
mu!tif~mily residential zoning and use to the north of
the property and the mobile home park to the southeast.
The City plans to widen Madison Avenue to the south of
Wyatt Wa7 and install sidewalks, thus enhancing Madison
Avenue's character and use as a major arterial for the
CitF. See Finding of Fact X and VIi.
Public Gain / individual HerdshiD
Retention of the current multi-family residential zone
would present economic hardship for the owner when the
L.i.D. assessment for Madison Avenue improvements are
imposed. The assessment would be more easily born by
land developed than hy land undeveloped. It would be a
benefit to the public to have a high quality mixed
retail/residential development with public space at this
location, midway between downtown Winslow and the
schools, library, and shopping areas along High School
Road.
Length of Time Without Deve!cmment, Suitabi!itv
This property has remained unimproved for many years and
is suitable for the use presented by Applicant's
proposal. See Finding of Fact XI. Its "buffer" location
-5-
8707290113 PEE 4,30FH529
and mixed use would create a transition from the
cc_-~_ercial area south of Wyatt Way to the residential
area to the north.
-IV-
The project meets the P.U.D. criteria as set forth in Winslow
Muncipal Code 13.08.060 (E) and
Design Quality
_~jh.e quality of the design is superior to the quality of
design of similar development. It is of such a high
quality that the City Planning Agency hopes it will set a
standard for others to emulate. Its excellent design,
creativity, aesthetics, and preservation of open space
and mature trees fulfill WMC 18.40.010. See Finding of
Fact Xii. Moreover, the commercial and residential
buildings combined will cover only 18% of the lot, far
less than the 35% maximtun allowed for commercial
buildings by ~C 18.44.050, and less than the 25% allowed
for residential buildings by WMC 18.40.050 and 18.32.050.
See Findings of Fact II through IV.
Public Coon Space
The proposal provides for construction and maintenance of
public open space, the commons area, for recreational
use by the project tenants as well as the public. See
W~!C 13.68.060 F.1.
Landscaping
T~= ~-o~ also provides for landscaped set-backs, with
natural screening of the parking provided by the
surrounding buildings on the north and south. The
~=-~=n~ Agency has recommended retention of a fence
alcng the east property line to comply with
13.56.130.
Iz is not clear, however, whether the proposal meets the
parking lot landscaping requirements of ~C 18.56.i20.
>~.cst of the area abutting the northeast portion of the
~arking lot ** (stalls eight through thirteen) appears to
be pavement rather than vegetation, and the extent of
evergreen trees is unclear. See the April 6, 1987, site
plan, Exhibit A-3.
The ordinance requires that landscaped areas be
distributed throughout a parking lot and that evergreen
trees should predominate, with ground cover and flowering
shrubs constituting secondary landscaping elements. The
ordinance further requires that at least ten percent of
~C 13.12.480 defines a "parking lot" as "an area
intended to accomanodate three or more parked
vehicles.
8707290 ! 13
-0-
[[[430 R1530
the area of a parking lot "shall be in landscaping," with
no let!soaped area containing less than 1O0 square feet
er less than five feet wide. Only those landscaped areas
between two parking stalls or a property line may count
zowarl the ten percent landscaping requirement. W~C
13.56.120.
DrainaTe, Sewer, Fire and Police Protection
Drainage will be provided by the sewer system. Fire and
p ~=~= protection are available. A fire pump is
current!7 located at the torthost corner of Wyatt Way
directly across from the project. See Exhibit G. Since
the %ain building would contain more than 5,000 square
feet (see Finding of Fact II), a sprinkler system
.... ? .... e with W~C 15.04.090 is required.
-V-
The propcsa! appears to meet the general conditional use criteria
of health, safety, and welfare and the rights of others as set forth by
~-[C 18.58.040. %~.fC !8.56.100 a!!cws the required parking to be reduced
by 25% when ]cint use is planned. Normally 13 parking stalls would be
required for the cc~--_ercia! area and 14 stalls would be required for
the seven dwelling units, for a total of 27 stalls. See Exhibit G,
p.2.; ~C 18.56.080 A and B. However, under the joint use provision of
~MC 18.56.100, parking could be reduced to 21 stalls.
The proposal provides 25 stalls, only two short of the number required
without a conditicna! use permit. See page 2 of the Planning Agency's
Findings of Fact, Ccnc!usions and Recommendations, Exhibit G.
Also, four additional parking spaces may be available on Wyatt Way on
the north side of the project. See Finding of Fact VII. Because
retail parking is likely to be concentrated during the day and
residential use at night, the joint use parking proposal and
e!iminaticn of two stalls are reasonable.
-VI -
Granting the fezone conditioned upon construction of the P.U.D.
as proposed in the April 6, 1987, site plan of Exhibit A-3 seems to
be in the best interest of the public. The touchstone for granting
a fezone is the public benefit. Here the benefit to the public
is not based solely on the change in zoning classification but on
the high quality of the specific P.U.D. proposed. The City has
had past experience of granting a rezone accompanied by specific
development proposal only to have an entirely different development
concept be ~resented once the rezone is granted. If the City
grants an unconditional fezone to comaercia!, Applicant or his
successor ccu!d develop a commercial parking lot, an indoor
entertaim~ent or a~usement center, or any of the other uses permitted
-7-
8707290113 EEt430 1531
in a comaerzia! zcna under ~C 18.44.020.F.
A similar conditional fezone was approved by The Washington Supreme
Court in State ez re!. Mvhre v City of Sockate, 70 Wnld 207,422 P.2d
790 (1967). The Supreme Court in Myhre did non rule on the condition
that the a~o~-an~ must dove!co according to a soecific site plan,
allowable only '~ith city approval. However, this type of zoning tool
is generally approved so long as the focus is on the land and the
specific development project. See Peter Buck's Modern Land Use Control
N4-4307, Practicing Law institute, New York City, at pp 21-22 and p.
125, paragraph F.2.
CONCLUSION
For the fzrag=ing reasons the Hearing Examiner recommends
approval of the ratone from Medium Density Multifamily Residential to
Commercial, ccnditiened upon:
1. Construct!on of the specific P.U.D. proposed in the April 6,
~o87 site olan Exhibit A-3, to be modified only with City
appreva!;
2. installation of sprinklers in the main retail / residential
building in compliance with WMC 15.04.090 A.1, unless fire
inspection 3fficia!s approve a functionally equivalent
alternative;
3. Conformshoe cf parking lot landscaping with the requirements
cf r~C 18.15.120 as approved by the City;
4. Maintenance cf the existing fence between the rezoned
property and lot 3, to the east, in accordance with WMC
1B.56 ~0'
5. Widening shoulders and sidewalks on Wyatt Way, from the
Madison Avenue intersection to the project's northeast exit,
including storm water control, at Applicant's expense;
6. Agreement ~v ADD!icant not to oppose the formation of a
local imFrzvement district on Madison Avenue per the recent
Urban Arterial Board funded improvements; and
7. Coordination of any improvements made by the Applicant along
Madison Avenue and Wyatt Way with City improvements,
The Hemring Examiner further grants the Conditional Use Permit
for mixed use parking altowing reduction in the number of parking
stalls from 27 to 2~. This Conditional Use Perm. it is effective only
in conjunction with App!icant's April 6, ].987 P.U.D. proposal,
(Exhibit A-2), mcdifiab!e only with Cit7 approval.
Dated this /~7~day of June, 1987.
Hearing Examiner
8 '70 7P 901 { 3 -a- fE[430}t1532