ORD 80-20 REZONING HIGH-DENSITY SINGLE-FAMILY RESIDENTIALORDINANCE NO. 80 - 20
AN ORDINANCE OF THE CITY OF WINSLOW REZONING CERTAIN
PROPERTY FROM HI GH-DENS ITY S INGLE-FAMI LYRES IDENTIAL
( SFR-10,000 ) TO RESIDENTIAL PLANNED UNIT DEVELOPMENT
PUD ) AS DEFINED IN ORDINANCE 79-15, SECTION 1.8, FILE
NO. X-80-2, COMMONLY KNOWN AS "SUN DAY COVE III"
WHEREAS, a petition was filed with the Winslow Planning
Agency requesting rezone of the real property described in
this Ordinance, and a public hearing was held by the Winslow
Hearing Examiner on February 11, 1980, and that following
said public hearing, the Hearing Examiner recommended ap-
proval of the rezone subject to the conditions set forth in
his Findings of Fact, Conclusions of Law and Recommendations
dated February 26, 1980, as supplemented by letter dated
March 11, 1980, and the City Engineer having issued a Decla-
ration of Environmental Nonsignificance on February 7, 1980,
and the City Council having reviewed the recommendations of
the Hearing Examiner and the recommendations of City offi-
cials and having determined the rezone be subject to a Con-
comitant Agreement for Rezone,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WINSLOW
DO~ORDAIN AS FOLLOWS:
1. The real property described in Section 2 of this
Ordinance be and is hereby rezoned and reclassified from
High Density Single-Family Residential (SFR 10,000) to Resi-
dential Planned Unit Development (PUD) as defined in Ordi-
nance 79-15, Section 1.8.
2. (a) Legal DescriDtion of Property.
See Exhibit "A" attached hereto and by this refer-
ence incorporated herein as if fully set forth at this point.
(b) Common DescriDtion of ProDerty.
A parcel of land approximately 120 feet by 600
feet between the shore of Eagle Harbor and Lovell Avenue
S.W. in the City of Winslow.
3. This approval is subject to Concomitant Agreement
for Rezone dated ~~~.~.~_~ ~6~ , 1980.
4. This Ordinance shall become effective five (5)
days after publication and/or posting as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF WINSLOW THIS
20th DAY OF October , 1980.
ALI CE B. TAWREBE~Y,~LiMAYOZ~wl L~~
ATTF~BT:
CLERK TRySURER
~..
APPRO~ED AS TO FORM:
of McKisson, Lehne and
Associates,
City Attorneys
1LT/sk:D
I do hereby certify this Ordinance was signed by the Mayor
_ ,
this ~.J~__~Z-/day of d.~/~/~'~.. ~/~{~'CD at the Ferry Terminal,
ChaSer of Commerce, City Hall.
/ s s L
Effective October 29, 1980
,
Sun Day Cove - Phase I I I
Parcel. (A)
Portion of Govcrnm~-~nt Lot 3, ~;ection 27, Town-
ship 25 North, Range 2 East, W.M., in Kitsap
Coux~t]', Washington, described as:
Beginr~ix~g 220 feet South of the northeast corner
of I,ot 3; thence South 1 °38 ' 52" East 60 feet;
thexlce North 89022'42'' West 565 feet to meander
line; tI~ence along the Ineander line North 51019'26''
West to point v;est of beginning; thence South
89022'42'' East 676.73 feet to beginning; except
East 20 feet, Kitsap County, Washington; together
with tidelands and oysterlands as conveyed by the
State of Washington, under Auditor's File No.
401968.
Parcel (B)
Portion of Government Lot 3, Section 27, Town-
ship 25 North, Range 2 East, W.M., in Kitsap
Coux~ty, Washington, described as follows:
Beginning 280 feet South of the northeast corner
of Lot 3; thence South 1 ~38 ' 52" East 60 feet;
thence North 89022'42" West 510 feet, more or
less, to the meander line; thence along the
meander line North 5i°!9'26'' West to a point North
89°22'42'' West of point of beginning; thence South
89~22'42'' East 565 feet, more or less, to the
point of beginning; except the East 15 feet;
together with tidelands and oysterland as conveyed
by the State of Washington under Auditor's File
No. 466448.
Day Cove - Phase I I i
parcel (A)
Portion of Government Lot 3, Section
ship 25 North, Range 2 East, W.M., in
County, Washington, described as:
27, Town-
Kits ap
Beginning 220 feet South of the northeast corner
of Lot 3; thence South 1 °38'52" East 60 feet;
the~ce North 89°22 '-i2'' west 565 feet to meander
line; thence along the meander line North 51°19'26''
West to point V;est of beginning; thence South
89°22 ' 42" East 676.73 feet to beginning; except
East 20 feet, Kitsap County, Washington; together
with tidelands and oysterlands as conveyed by the
State of Washington, under Auditor's File No.
401968.
Parcel ( $ )
Portion
ship 25
Couz~ty,
of Government Lot 3, Section 27, Torn-
North, Range 2 East, W.M., in Kitsap
Washington, described as follows:
Beginning 280 feet South of the
of Lot 3; thence South 1°38'52''
thence North 89°22'42'' West 510
less
mean
89°2
89°
poi
tog
by
No.
2
e the r with ti de 1 ands and
the State of Washington
466448.
northeast corner
East 60 fee t;
feet, more or
, to the meander line; thence along the
der line North 51°19'26'' West to a point North
2 ' ¢2" West o f point o f beginning; thence South
2'42" East 565 feet, more or less, to the
t of beginning; except the East 15 feet;
oys terl and as conveyed
under Auditor' s File
Relating to the
Sun Day Cove I I I Rezone
Ordinance 80- 20
Page 1 of 5
CONCOMIT.nSqT AGREEMENT FOR REZONE
THE CITY OF WINSLOW, a municipal corporation, located
within Kitsap County, State of Washington, hereinafter called
"City", and Love!l Associates, a joint venture, hereinafter
referred to as "Owner", agree as follows:
I. Consideration: The consideration for this agree-
ment is the adoption by the City of Ordinance 80- 20
which fezones the property described in Section II from High
Density Single-Family Residential ( SFR 10,000 ) to Residen-
tial Planned Unit Development (PUD) as recommended by the
Winslow Planning agency and Winslow Hearing Examiner pursu-
ant to Application No. X-80-2 (Sun Day Cove I I I). In the
event any conflict between the terms of this agreement and
the representations or conclusions contained in the appli-
cation and documents of application No. X-80-2 should arise,
the terms of this agreement shall be controlling.
II. Legal Description: The legal description of the
property subject to this agreement is listed on "Exhibit A"
which is attached hereeo and is by this reference made a
part hereof as if fully set forth at this point.
I I I. Common Description: A parcel of land approximate-
ly 120 feet by 600 feet between the shore of Eagle Harbor
and Lovetl Avenue S.W. in the City of Winslow.
IV. Development of Property: The Owner agrees that
development of the property will be in substantial compli-
ance with the amended PUD proposal filed with the City and
identified as Exhibit No. 2 in file X-80-2, Winslow Hearing
Examiner. No substantial deviation from the amended PUD
proposal shall be permitted without prior approval of the
City. The City Engineer shall be the sole judge of what
constitutes a substantial deviation.
Relating to the
Sun Day Cove I I I Rezone
Ordinance 80- ~
Page 2 of 5
V. Conditions of DeveloDment: The following condi-
tions to the development of the property are hereby agreed
to:
A. Construction Plans, Construction plans shall
·
be approved by the City Engineer prior to commencement of
work.
B. Surface Water Retention System, Owner agrees
to construct a surface water drainage retention system lo-
cated on the property in accordance with a design approved
by the City Engineer. The system shall be designed to re-
duce the runoff rate by fifty percent (50%) to compensate
for likely additional runoff to be caused by the development
and prevent increase in runoff to the adjacent property to
the south and into Eagle Harbor and shall include separation
units to prevent oil and other pollutants from entering the
runoff. The City Engineer shall be the sole judge of the
design.
C. Street Widening. Owner agrees to dedicate
sufficient land to the City to widen the paved area of Lovell
Avenue S.W. to twenty-four (24) feet from the project's south-
ern boundary to Winslow Way W. and to pay the cost of widen-
ing the paved area, which work shall be done by the City.
With prior approval of the City, Owner may elect to have the
paving done by an independent paving contractor.
D. Gravel Walkway. Owner agrees to dedicate
.~ ~~~ ~~ ~.~-~ ~ .... .- .~h~ ~st ~o~ th~'- e~f~h~cb~~
a five (5) foot graveled walkway to be established along the
western side of Lovell Avenue S.W. With prior approval of
the City, Owner may elect to have the graveling done by an
independent contractor or by Owner's contractor or subcon-
tractor.
Relating to the
Sun Day Cove ~ Rezone
Ordinance 80-
Page 3 of 5
E. Dedication of Land for Walkway. A seven ( 7 )
~nit PUD has been approved for this property, pursuant to
permitted density guidelines set forth inl Ordinance 79-15.
Dedication of land for the graveled walkway shall not affect
the number of units to be permitted under Ordinance 79-15.
Owner shall dedicate the land at the time a building permit
for seven (7) units is issued.
F. Interior Road Construction. The interior
road construction as to width and surface must meet fire
protection standards established by the City Engineer after
consultanion with the appropriate official of Fire Protec-
tion District No. 3.
G. Screening. Owner agrees to provide sight
screening from adjacent property by fence or shrubbery of
not less than six (6) feet in height along the property line
fronting on Lovel! Avenue S.W. and agrees to maintain the
existing Laurel hedge on the southern property line or, if
necessary, to replace with fence or shrubbery of not less
than six (6) feet in height and with a length equal to the
length of the hedge. The homeowners' association will as-
sume full responsibility for the maintenance of the screen-
ing and in the event that the screening is not maintained,
-the City may perform such maintenance and the homeowners'
association will be responsible for reimbursement to the
City of all costs thereof.
H. Separation. All detached dwelling units will
be visually separated. The units are visually separated if
one is able to see between the walls above the
I. Condominmum Declarations. The development of
the property shall be a condominium in accordance with RCW
64.32 and the Condominium Declarations shall be filed with
Relating to the
Sun Day Cove I I I Rezone
Ordinance 80- .~-Q~
Page 4 of 5
the City and approved by the City attorney prior to issuance
of building permit. The recorded Condominium Declarations
or other documentation satisfactory to the City Attorney
must satisfy the requirements of Ordinance 79-33, Section
VI, and the maintenance requirements of Ordinance 79-15,
Section 1.8. The review by the City Attorney shall be limi-
ted solel3.; to determinatic. n as to whether' or not adequate
provisions are made for maintenance of the common areas or
private open space and is not for the purpose of protecting
purchasers of condominium units.
VI. 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 Owner, its successors or assigns.
VI I. Remedies and Attorneys ' Fees. I t is agreed that
damages are an inadequate remedy and that the City may seek
equitable relief to enforce any provision of this agreement.
The Owner 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
Wins]_ow Municipal Court shall not prevent an appeal de novo
to the Kitsap County Superior Court or any other court hav-
ing jurisdiction. In the event legal proceedings to enforce
this agreement are conunenced, the parties agree that the
p~-evailing 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 addi-
tion to the above remedies, the City may, unless the condi-
tions described in Paragraph V above have been fully com-
plied with to the satisfaction of the City Engineer, refuse
Relating to the
Sun Day Cove I I I Rezone
Ordinance 80- ~(9
Page 5 of 5
to issue an occupancy permit under the terms of the Winslow
Ordinances.
DATED this ~' day o
,, 1980.
CITY OF WINSLOW:
/
ROBERT W. McKISSON
of McKisson, Lehne and
Associates
C i TY ATTOPdqEYS
APPROVED AS TO FORM:
OVa~ER
SUBSCRIBED AND SWORN-Co before me this ~j~Vday of
d~,-.4-o,~ , 1980.
qashington res i ding ~ ~
1LT:e