ORD 88-02 ISLAND HOMESTEAD DEVELOPMENTj/
ORDINANCE 88-02
AN ORDINANCE APPROVIN. G THE REZONE
AND PLANNED UNIT DEVELOPMENT FOR
THE ISLAND HOMESTEAD DEVELOPMENT,
ADOPTING FINDINGS AND CONCLUSIONS,
AND APPROVING A CONCOMITANT AGREEMENT
WHEREAS, Thomas Chaussee, herinafter referred to as the
"owner," submitted an application and environmental impact statement
for a rezone and planned unit development known as the Island
Homestead, and
WHEREAS, the Winslow Planning Agency and the Winslow
Hearing Examiner, pursuant to applications, Rezone 3-11-87-1,
and PUD 5-18-87-1, 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 plan dated
May 18, 1987, and June 15, 1987, which are attached hereto and
ade a part hereof, and the concomitant agreement entered into
by the Owner and the City and
WHEREAS, the City Council at its regular meeting of August
6, 1987, adopted the Hearing Examiner's and Planning Agency's
findings and conclusion, except as follows:
Paragraph 2 of the Hearing Examiner's Recommendations
and the concluding sentence of the Recommendations shall be stricken,
and the following Recommendation is added:
"Subject to approval of a concomitant agreement for maintenance
and landscaping."
NOW THEREFORE, the Mayor and City Council of the City
of Winslow, Washington, do ordain as follows:
Section 1. THAT the Owner's application for a rezone and
planned unit development is hereby approved, subject to the conditions
set forth in the plans, application documents, and concomitant
agreement (Exhibit A attatched hereto) entered into by the Owner
and the City.
Section 2. The Official Zoning Ordinance of the City of
Winslow, as adopted by Ordinance No. 79-15, passed by the City
Council on June 4, 1979, as ammended is hereby further amended
by changing the zoning classification of the certain
88 10190t 06
[[[477 H437
property hereinafter described from Commercial to High Density
Multi-Family Residential, and approving the Island Homestead
P.U.D. The legal description of the property rezoned is set
forth on Exhibit B attached hereto and incorporated herein
by this reference as if set forth in full.
Section 3. 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 4. The Mayor is hereby authorized to execute
and the City Clerk to attest to this document. The City Clerk
is further directed to record this document, the legal description
of the property. and concomitant agreement, as attached. with
the Kitsap County Auditor.
Section 5. This ordinance title shall be published in the
official newspalter of the City, and shall take effect and be
in full force five (5) days after the date of publication.
APPROVED:
ATTESTED/AUTH ENT I CATED:
Mayor Alice B. Tawresey
~ity Cle~na J~an ~ ';
APPROVED AS TO FORM:
~~r ~ e
FILED WITH THE CITY C~ 30, 1987
PASSED BY THE CITY COUNCIL: Jant~ary 7, 1988
PUBLISHED: .Tanuary :13, :1988
EFFECTIVE DATE: ~Tant~ary :18, 1988
ORDINANCE NO. 88-02
8'8 t 0190 ! 06
2
[Et477 J.438
Agreement Relating to Island Homestead P.U.D.
Concomitant to Ordinance 28-02
CONCOMITANT AGREEMENT FOR PRELIMINARY PLAN
AND PLANNED UNIT DEVELOPMENT
THE CITY OF WINSLOW, A Municipal Corporation, located
within Kitsap County, State of Washington, hereinafter called
"City," and Thomas Chaussee, here|halter referred to as "Owner,"
agree as follows:
1. CONSIDERATION: The consideration for this agreement
is the City's adoption of an ordinance approving a fezone and
planned unit development'of certain real property within the
City of Winslow. which approval was recommended by the Winslow
Planning Agency and the Winslow Hearing Examiner pursuant
to application number 3-11-87-1 and 5-18-87-1 (Island Homestead),
and the Owner's acceptance of the conditions set forth in this
agreement, and the plans as submitted and made 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 descriptio'~ 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. It is also known as
Tax Lot Numbers 262502-2-039-2006 and 262502-2-040-2003.
3. COMMON DESCRIPTION: A parcel of land approximately
q. 7 acres located between Knechtel Way N.E. and Wyatt Way
N .E., and lying between Madison Avenue on the west and Ericksen
Avenue on the east in Winslow, Washington.
4. DEVELOPMENT IN ACCORDANCE WITH PUD PROPOSAL
AND REZONE: The Owner agrees that development of the property
w"]ll be in substantial compliance with the Planned Unit Development
proposal and fezone application filed with the City and identified
by exhibits in file numbers 3-11-87-1 and 5-18-87-1, Winslow
Hearing Examiner. Minor deviations from the PUD proposal may
be made with approval of the City Engineer's Office. No substantial
deviation from the planned unit'development shall be permitted
without prior approval of the City Council. The City E,~gineer's
Office shall be responsible for notifying the Mayor and City
Council of any prol}osed substantial changes-
5. CONDITIONS OF DEVELOPMENT: The following conditions
to the development of the property are hereby agreed to:
a. Preliminary Plans: The project shall be developed
in accordance with the preliminary plans dated May 18, 1987,
and June 15. 1987, 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. 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
8'8 I O 190 06
t477f -439
Agreement relating to Island ttomestead P.U.D.
from this system and allowed to drain off tile property, the
Owner agrees that it shall be treated in an oil separator prior
to leaving the subject property.
d. Interior Road Construction: The interior road
or driveway construction as to width and surface shall meet
fire protection standards established by the City Engineer's
Office after consultation with the appropriate official of Kitsap
County Fire Protection District No. 2 and as provided in the
I'llarmed Unit Development Rezone approved and shall be two way,
2q feet in width with parking on both sides. Four fire hydrants
shall be installed in accordance with the requirements of Fire
Protection District No. 2.
e. Setback Minimums: The minimum setback from
any property adjoining the total site shall be 20 feet. There
shall be no less than 20 feet between structures, and 30 foot
front yards.
f. Landscapinq and Screeninq: The Owner agrees
to retain the natural trees and vegetation along the property
line and within the site to the extent feasible and shall submit
more explicit landscape plans at the site plan review stage.
Removal shall occur of only such trees as are necessary to
the development. The owner shall attempt to identify and preserve
the best or tallest interior trees. At least 10 percent of the
parking lot will be devoted to landscaping, and landscaping
shall be placed along walkway edges otherwise, all landscaping
shall comply with the requirements of WMC 18.56.120. In tl~e
event of any conflict between provisions of the Winslow Municipal
Code, the stricter sl~all apply.
g. Maintenance: The Owner agrees to maintain the
on-site fire hydrants, water system, sewer system, stortn drain
facilities, oil separators and interior road and driveways. The
Owner shall grant the City of Winslow an easement to install,
remove, service a water meter structure located within the
interior of the project. The landscaping plan shall be in conformance
with the general concept of the submitted June 15, 1987, site
plan, and properly maintained by the Owner.
h. Sanitary Sewers: The development shall include
sanitary sewers connected to the Winslow Sanitary Sewel- 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. The applicant shall be required to extend the
sewel' line from the Madison Avenue intersection, along Wyatt
Way fronting tl'~e property to tile southeast property corner.
i. Separation and Height and Number of Livinq Units:
Tilere are a total of 75 living units proposed in this Planned
Unit Development. Each of the 75 living units shall, as proposed,
be constructed per submitted site plans. The average height
of the buildings measured from the ground to tile mid-point
of the highest gable will be 35 feet. The units shall be contained
in eight buildings, ten units in each of seven buildings and
five in the eighth. They would be three stories in the middle
buildings and two stories at the ends. The buildings will be
divided by two-hour fire walls and sprinklers shall be installed
in any buildings in excess of 5,000 square feet.
j. Water Lines: Water line plans shall be submitted
to and approved by the City prior to construction.
k. Trails, Walkways, and Recreation: The complex
will include a common swimming pool, a recreation center, a
play structure for children and jogging trails around the west,
south and east perimeters and through the center, The jogging
trails would connect to sidewalks along Knechtel and Wyatt
Ways. The perimeter jogging trails will be open to the public
at large for its use.
8B 1019010 ,
I EEt4??FR1440
Agreement relating to Island Homestead P.U.D.
I. Dedication and Improvements of Riqhts of Way:
Wyatt Way: Owner shall install a five-foot sidewalk on the
northern portion of the right of way after appropriate plans have
been submitted and approved by the City Engineer. Additionally,
the Owner shall pave to City standards and specifications any
unpaved portion of the right of way between the newly constructed
curb and the existing road pavement.
Knechtel Way: Owner shall dedicate by deed ten (10) feet
of right of way to the public, and shall construct at his own expense
thereon, when the City Engineer so determines, five (5) feet of
street paving and five (5) feet of sidewalk, in accordance with
plans approved by the City Engineer and in compliance with City
standards and specifications. Said street payin9 and sidewalk shall
connect with either existing improvements or those to be constructed.
Joqqinq Trails: Opening by dedication to the public of the
perimeter jogging trails, as shown on the referenced site plans,
shall occur on the premises so that the public would be allowed
to use them on a permanent basis. Owner shall provide specifications,
to be approved by the City Engineer, for the installation of the
jogging trails.
m. 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 Winslow 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.
n. Parking: The parking plans shall be submitted to
the City Engineer's Office for review in accordance with WMC 18.56
of the Zoning Ordinance 79-15 prior to construction of the interior
private street and parking lots. Two parking spaces per unit shall
be provided.
o. Environmental Mitiqating Measures: The applicant
shall comply with all mitigating measures set forth in any environmental
impact statement.
p. Covenants Runninq 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, and all persons or tenants or resident
holding under said ownership, including all associations or corporations
or individuals who comprise same.
DATE this
day of~~-~'a~, 1988
8810190106 3 RIEtEt4??fttJ44j
Agreeme~t rela~ :'~9 to [slm~d I Iomestead P- U. D.
CITY OF WINSLOW
AI'T EST:
~'i~Tna ]e~r~ Buxto ~
Clerk/TreaSure
AppROVED AS TO FORM:
Robert O. Conoley
City Attorney
OWNER
SUBSCRIBED AND SWORN to before me this
of __/ ' ~2/Z/b~ ~/_~% z /
· 1988.
1([t477 1442
Legal description for HOMESTEAD APARTMENTS
City of Winslow
PARCEL 1: That portion of the Southwest quarter of the North-'
west quarter of Section 26, Township 25 North, Range 2 East, W.M.,
described as follows: Beginning at the Southwest corner of said
subdivision; thence East along the South line of said subdivision,
a distance of 330.00 feet to the true point of beginning; thence North
parallel with the West line of said subdivision, a distance of 660.00
feet, more or less, to a point 660.00 feet South of the North line
of the Southwest quarter of the Northwest quarter; thence East
parallel to said North line, a distance of 330.00 feet;.,.thence'...South, a
distance of 660.00 feet, more or less, to the South line of the
Southwest quarter of the Northwest quarter; thence West along said
South line, a distance of 330.00 feet to the true point of beginning;
except the South 330.00 feet thereof; and except the Nort~ 10.00
feet thereof; together with
PARCEL 2: .That portion of the Southwest quarter of the Northwest
quarter of Section 26, Township 25 North, Range 2 Ea~, W.M., described
as follows: Beginning at the Southwest Corner of said~outhwest quarter
of the Northwest quarter; thence East along the South line of said
subdivision, a distance of 330.00 feet to the point of beginning;
thence North parallel to the West line of said subdivision, a distance
of 330.00 feet; thence East parallel to the South line of said sub-
division, a distance of 330.00 feet; thence South parallel to the
West line of said Southwest quarter of the Northwest Quarter, a
distance of 330.00 feet, thence West along the South line o.f said
subdivision, a distance of 330.00 feet to the true point of beginning;
except the South 30.00 feet thereof for road purposes; bot~ parcels
situate in Kitsap County, Washington.
B'B t O 't 90
I ff14771 1443