ORD 91-27 ZONING MAP OF MADRONA PARK HEIGHTSORDINANCE NO. 91 -'XII
AN ORDINANCE of the City of Winslow, Washington,
amending the Official Zoning Map of the City to
rezone Lot No. 8 of the Madrona Park Heights
Plat, located at 612 Cherry Street, from low
density single-family residential to medium
density single-family residential; and
authorizing execution of a concomitant zoning
agreement.
WHEREAS, Thomas and Jacqueline Cain filed an application
for the rezone of Lot No. 8 of Madrona Park Heights, located at
612 Cherry Street, from low density single-family residential
to medium density single-family residential; and
WHEREAS, on May 13, 1991, the Planning Agency submitted its
recommendation on the application to the Hearing Examiner; and
WHEREAS, on May 21, 1991, the Hearing Examiner held a
public hearing on the application upon proper notice; and
WHEREAS, on May 31, 1991, the Hearing Examiner submitted
her findings of fact, conclusions of law and recommendation on
the application (dated May 31, 1991) to the City Council; and
WHEREAS, at its meeting on June 20, 1991, the City Council
referred the Hearing Examiner's findings of fact, conclusions
of law and recommendation to the Land Use/Economic Issues
Committee for review and recommendation; and
WHEREAS, at its meeting on July 18, 1991, the City Council
considered the recommendation of the Land Use/Economic Issues
Committee, modified the recommendation of the Hearing Examiner
by requiring an additional condition of the rezone, and
concurred in the findings of fact, conclusions of law and
recommendation, as amended, of the Hearing Examiner; and
WHEREAS, the City Council determined that the public use
and interest will be served by a rezone of the property; and
WHEREAS, the City has complied with the requirements of the
State Environmental Policy Act and the City's Environmental
Policy Ordinance; now, therefore
THE CITY COUNCIL OF THE CITY OF WINSLOW, WASHINGTON, DO
ORDAIN AS FOLLOWS:
- 1 -
Lr/1456R
Section 1. The City Council amends the recommendation
entered by the Hearing Examiner in the Matter of Application
for Rezone, Thomas and Jacqueline Cain, Applicants, File
No. REZONE No. 3-25-91-1, by adding the following sentence:
Access to any lot created by a subdivision of the
property, other than to the lot on which the existing
single-family residence is located, shall be only from
land located south of the property or from Alder
Avenue. All lots created by a subdivision of the
property must have legal access to Cherry Avenue or
Alder Avenue before the subdivision is approved by the
City.
Section 2. The City Council adopts the findings of fact,
conclusions of law and recommendation of the Hearing Examiner
referenced in Section 1, attached hereto and by this reference
incorporated herein as Exhibit A, as amended by Section 1.
Section 3. Applicants have executed the "Concomitant
Zoning Agreement for Cain Parcel", attached hereto and by this
reference incorporated herein as Exhibit B. Subject to full
compliance by the applicants and their heirs, assigns, grantees
or successors in interest with the terms and conditions of that
agreement, the property described on Exhibit C, attached hereto
and by this reference incorporated herein, is rezoned from low
density single-family residential to medium density
single-family residential, and the official Zoning Map of the
City is amended accordingly.
Section 4. In accordance with Section 18.16.030 of the
Municipal Code, the Mayor and Director of Planning and
Community Development are authorized and directed to carry out
the amendment of the Official Zoning Map of the City.
Section 5. The Mayor is authorized to execute the
"Concomitant Zoning Agreement for Cain Parcel". After
execution, the City Clerk is directed and authorized to record
that agreement with the Kitsap County Auditor as a covenant
running with the land. The cost of recordation shall be paid
by the applicant in accordance with the terms of the
agreement.
Section 6. Any acts consistent with the authority and
prior to the effective date of this ordinance are hereby
ratified and confirmed.
- 2 -
lr/1456R
Section 7. This ordinance shall take effect and be in
force five days from and after its passage, approval,
publication and posting as required by law.
PASSED by the City Council this
1991.
APPROVED by the Mayor this 1st
1991.
ATTEST/AUTHENTICATE:
Ralph W. Eells, City Clerk
APPROVED AS TO FORM:
1st day of August ,
day of
August
tiGc
SaA J Granato, Mayor !)
Rod P. Kaseguma, City Attorney
FILED WITH THE CITY CLERK: July 25, 1991
PASSED BY THE CITY COUNCIL: August 1, 1991
PUBLISHED: August 7, 1991
POSTED: August 7, 1991
EFFECTIVE DATE: August 12, 1991
ORDINANCE NO.: 91-27
- 3 -
Ir/1456R