ORD 79-30 THE CLARK REZONEORDINANCE NO. 79 - 30
Page
AN ORDINANCE REZONING CERTAIN PROPERTY FROM ZONE CLASSIFICATION
MEDIUM DENSITY
SINGLE-FAMILY RESIDENTIAL TO
COMMERCIAL KNOWN AS "THE CLARK REZONE"
WHEREAS, a petition was filed with the Winslow Planning
Agency requesting fezone of the real property described in this
Ordinance, and a public hearing was held by the Hearings
Examiner of the City of Winslow OP September 25, ]_979 and that
following said public hearing the Hearing Examiner recommended
approval of the fezone , and the SEPA Responsible Official
having determined that the proposed rezone would DOt have a
significant effect on the environment, this matter having come
befere the City Council, and the City Council having reviewed
the recommendations of the Planning Agency, the recommendations
of the City Engineer, and the findings of the Hearings Examiner
and having determined that the fezone should be the subject of
a Concomitant Agreement for Rezone,
Now, therefore, the City Council of the City of Winslow DO
ORDAIN as follows:
]. The real property described in Section 2 of this
Ordinance be and hereby ]s rezomed and rec]ass~fied from Medium
Density Single-Family Residential to Commercial.
2. The ]_ega] description of the property rezoned is listed
on "Exhibit A", attached herewith and by this reference made a
part hereof.
3. Common Description.
The site ]s located at
Northeast, Wjns].ow Washington.
/910260t04
]]96 Ferncliff Avenue
[1187 17 t
Page ~ of 3
4. This fezone is subject to a Concomitant Agreement for
Rezone dated
5. This Ordinance sh~ll become effective five (5) days
after pvblicat]oD er posting in the manner provided by law.
,/,
PASSED by the City Council this
]979.
ATTEST:
APPROVED AS TO FORM:
~"" ~" II {~" 1 ~'{
R ~'~ M~Kisso~ ~" ~
R~M"iKISSON, LEHNE AND ASSOCIATES
CITY ATTORNEYS
7910260104
Relating to Ordinance No.
79-30
Known as the
Clark Rezone
Page 3 of 4
EXHIBIT "A"
The legal description of the property is as follows:
"A portion of the NW 1/4 of the NE 1/4, in Section 26,
Township 25 North, Range 2 East, W. M., beginning at the NW
corner of said NE 1/4, thence South 300 feet to the Point of
Beginning, thence east 208 feet, thence south 118 feet, thence
West 208 feet, thence North to the Point of Beginning, except
the West 20 feet for road, situated in Kitsap County, Washington.
;'910260104
B[[[187[R17i3
Relating to Ordinance No.
79- 30
Known as the
Clark Rezone
CONCOMITANT AGREEMENT FOR REZONE
THE CITY OF WINSLOW, a municipal corporation, located
within Kitsap County, State of Washington, hereinafter
called "City", and WILLIAM and IRENE CLARK, hereinafter
called "Owners", agree as follows:
1. Consideration. The consideration fox this agree-
ment is the adoption by the City of Winslow of Ordinance No.
79- _~O which rezones the property described below
to Commercial as recommended by the Winslow Planning Agency
and the Winslow Hearing Examiner. In the event any conflict
between the terms of this agreement and the representations
or conclusions contained in the application and documents of
application should arise, the terms of this agreement should
be controlling.
2. Legal Description. The Legal Description of the
property subject to this agreement is listed on "Exhibit A",
a copy of which is attached and is by this reference made a
part hereof.
3. Common Description. The site is located at 1196
Ferncliff Avenue Northeast, Winslow, Washington.
4. Conditions of Rezone. The following conditions shall
apply to the property as rezoned:
(a) Only handcraft-artisan business to be permitted
on the property, said business being limited to a maximum
of three employees.
(b) The noise leve~ to be subject to single-family
residential zoning restrictions.
(c) The property shall not have parking facilities
in excess of five (5) spaces which spaces shall be located
near the frontage of Ferncliff Avenue Northeast and to the
west of the structure located on the property. The provisions
79i0260104
CEt187{ri 17i-4
Relating to Ordinance No.
79-30
Known as the
Clark Rezone
Page 2 of 4
of this condition notwithstanding, parking for the owners'
and immediate family's automobiles will be allowed to the
rear of the structure located on the property.
5. Covenant Running 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 Owners and their successors or assigns.
6. Remedies and Attorneys 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.
The Owners and City agree that in the event an interpretation
of this agreement is required, the action may first be com-
menced in the Winslow Municipal Court which shall be deemed
to have jurisdiction for this purpose but that trial in 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 Owners and the City agree that
the prevailing party shall be entitled to recover, in addition
to any other relief provided by the Court, the reasonable costs
and attorney's fees incurred in such action. In addition to
the above remedies, the City may, unless the conditions of
rezone described in paragraph 4, above, have been fully complied
with to the satisfaction of the City Engineer (subject to
normal appeal rights), r~fuse to issue an occupancy permit
under the terms of the Uniform Building Code.
CITY OF WINSLOW:
MAYOR
7910Z60104
, 1979.
BEE[187F lT .'
Relating to Ordinance No.
79-
Known as the
Clark Rezone
Page 3 of 4
ATTEST:
APPROVED AS TO FORM:
ROBERT W. MCKISSON
OF MCKISSON, LEHNE AND ASSOCIATES
CITY ATTORNEYS
SUBSCRIBED and SWORN to before me this ~ day of
NOTARY PUBLIC in a~ the
?910260104
5[t187[ 17
Relating to Ordinance No.
79-~
Known as the
Clark Rezone
Page 4 of 4
EXHIBIT "A"
The legal description of the property is as follows:
"A portion of the NW 1/4 of the NE 1/4, in Section 26,
Township 25 North, Range 2 East, W. M., beginning at the NW
corner of said NE 1/4, thence South 300 feet to the Point of
Beginning, thence east 208 feet, thence south 118 feet, thence
West 208 feet, thence North to the Point of Beginning, except
the West 20 feet for road, situated in Kitsap County, Washington.'
79,1,0 60104
Et{18 t17 '7
791.0260t04
BEEI187~17~_ '~
Relating to Ordinance
No. 79 - 30
Known as the
Clark Rezone
Page 1 of 2
MODIFICATION OF CONCOMITANT AGREEMENT FOR REZONE
IT IS HEREBY AGREED between the CITY OF WINSLOW, a
municipal corporation, located in Kitsap County, State of
Washington, and WILLIAM and IRENE CLARK, that the CONCOMITANT
AGREEMENT FOR REZONE, dated October 23, 1979, and recorded
under Kitsap County Auditor's No. 7910260104, is modified as
follows:
There is added to Section 4, Conditions of Rezone, a new
Subparagraph (d) providing as follows:
"(d) Notwithstanding the provision of Winslow Ordinance No.
79 - 15, (Zoning Ordinance) the premises described in Paragraph
2 of this agreement may be utilized by the owner-artisen or
tenant artisen for residential purposes by the owner-artisen or
tenant artisan and immediate family, so long as the
handcraft-artisen business is practiced on the premises."
All other provisions of the CONCOMITANT AGREEMENT FOR
REZONE dated October 23, 1979, shall remain in full force and
effect and this modification agreement shall be filed for
record with the Kitsap County Auditor.
DATED this ~/ day of January, 1980.
CITY OF WINSLOW:
ALICE B. TAWR~
ATTEST:
R 'X~C~ISSON
· "'~ OF MCKISSON, LEHNE AND ASSOCIATES
CITY ATTORNEYS
Relating to Ordinance
No. 79 - 30
Known as the
Clark Rezone
Page 2 of 2
IRENE CLk~K, O E
SUBSCRIBED
J ~ry, 1980.
and SWORN
to before me this J' ~ day of