ORD 81-20 MADISON PARK PUDPage 1 Of 2 %~
Relating to the Madison
Park PUD
ORDINANCE NO. 81 - 20
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT
(PUD) PURSUANT TO ORDINANCE 79-15, COMMONLY KNOWN AS
"MADISON PARK."
WHEREAS, a petition was filed with the Winslow Planning
Agency requesting approval of a PUD for the real property
described in this Ordinance, and a public hearing was held by
the Winslow Hearing Examiner on January 27, 1981, and that
following said public hearing the Hearing Examiner recommended
P.U.D.
approval of the ~e~e~e subject to the conditions set forth in
the Findings of Fact, Conclusions and Recommendations dated
February 7,198], and the SEPA Responsible Official having
determined that the proposed PUD would not have a substantial
impact on the environment, and therefore an Environmental
Impact Statement would not be required, this matter having come
before the City Council on February 17, 1981 and the City
Council having reviewed the recommendations of the Hearing
Examiner and having determined that the recommendations of the
Hearing Examiner should be the subject of an Agreement for
Residential Planned Unit Development,
NOW, THEREFORE, the City Council of the City of Winslow DO
ORDAIN as follows:
1. The PUD Application submitted by the owners of Madison
Park, Application No. X-81-2, is hereby approved and the
property described in Exhibit "A" attached to this Ordinance
designated a Planned Unit Development, (PUD) pursuant to
Ordinance 79-15.
2. The common description of the property is the Northwest
Corner of the interesect]on of Winslow Way West and Madison
Avenue North, consisting of a rectangular piece of land which
abuts approximately 320 feet on Winslow Way West and 290 feet
on Madison Avenue North.
Page 2 of 2
Relating to the Madison
Park PUD
3. This PUD is subject to "An Agreement for Residential
4. This Ordinance shall become effective five (5) days
after publication or posting in the manner provided by law.
PASSED by the City Council of the City
this ~j~day of May, 1981.
of Winslow
ATTEST:
OF MCKISSON AND SARGENT, INC., P. S.
CITY ATTORNEYS
this ~'day of ~ z/~Z , at the Ferry Terminal,
ChamBer oF'Commerce,'~y H~il. Effective ~.2""/4~/
Donna Je o~
Clerk/Treasurer
to the Madison Park
it Deve].c}pn~ent
81-20
3
At;RI.3,LNENT FOR i{ESI1;?,'?IT1AI, FI,AN,NEI) UNri' I)EVELOPMF, NT
'fHi.l CiTY OF WINH!.OW, :t mtmic[p:~l corp¢~rat:ton, loca[cd wfthfn
Kitsap County, State of' Wdshing[:vt~, hereir~.'~fter called "Ci. ty", and
William Barrow and Marlys Johnson, a joint venture, and/or assigned,
d/b/a/Madison Park, hereinafter refecred to as "Owner", agree as
follows:
I. CONSIDERATION: The consideration for this agreement is
the adoption by the City of Wtns].ow Ordinance 81-20 which approves
a commercial planned unit development pursuant to the provisions
of Ordi. nance 79-t5 and allows construction of a combined residential
and don=mercial PUD on the property pursuant to ApplicaE']on
X-81-2.. AppnDval was recommended by the Win~low Planning Agency
dnd tho City of Wiu:;'low l{oaring Ex.uuincr. .In the ew~nt any conflict
conclu~jon8 cc, l]t:iir~ed in the appl~c:~i<>n ~l[l(l <locu~lentf~ of Apl,lication
X-a;1-2, should ariso, the terms oil ~hjs ~/~Fut. mcr:t shall be controlling,
11. !:ji~!;3b__[!.ES__qJ!L}2.':lli!p.N..i. The lef!.,,l. dc.:~cript'ion of the property
:;rib.]etc. to thi. s agre{?~<,r, tv i:'; ]isC'ed on Exbil, fU "A" which is attached
ho~.'to a~d b'2' this rofcn~we, r,.~adc .~ ~,'rt hereof as if fully set
fOYth dt t]~:[s DOi:~.
III. CO~DION DESC!iLt'TION; A parcel of laud approxirnate].y 370 feet
abut:l-ing Winslow WrE; West and abo~t: 290 feet facing Madision Avenue
No~ch, ccmmonly known as the Old Lincoln Grade School Property.
IV. DEVEI,OPHENT 0t" PROPERTY: ]'ht~ owner agrees that th~ develop-
ment of the property will be In substantial, compliance with the PUD
pr~posa] fi]ed with t-he City and :idcn~:ified ;is Exhibit No. A in
File X-81-2, Winsl,T3w Hearing Examinor. No s~j>stant:iat devi. ation from
:h,' UtII) propo>~n[ ~:h.~ll b,r~ per:nLtt:,,d vfthout l.~rior approval of the
City. The Citv fl]i.3in~cr shall be the. so]c judf;e of what const:itutes
n
City t,i;,:/i_ll,,cr ~,:l.{~r to ('omrltenceme~t
B. Traffic 'jontrc !. ()v.'ncrs r 'cp to ins[all n toLd-street
curd or [7, jrr[cF ;tt ~.wner~s expc'~sc at Madision Avenue
NOFLh fo17 i15 [()ll?~ as [[h'~ :~[l'c(~[ I'OBla~'~S subst,'mdard
in rljht:-of-way and :,;erv~ cc widths, tba purpose of ,,~hich
is to prohibi[ left hand vc]~fculer turns out: of and
irate rifle pl'o[~el'tv ' S e.'iS[ ,*1 ~. ;ICct~SS .
C. Fire ]>rotect~iln. Thr, Wiu;;l~w Fire N.:~rshnil ::;hall firsE
approve, in wt-Lting, the preq~osed lack of continuous
cotriders and fire stairs.
D, Prcloosed Park.
The prop,~!;ed park consisting of approx-
imately 35,000 square feet: shall be constructed and
desi.s~ncd in accordance with standards established by the
archi t c c t and apt>roved by Lhe Wfnslow City Courici/ the
shall. be permanent'ly ncc<~s~i. bh~ for public use through
appropriat:e cover~rxnts but that the cost of development
alld maintenznlce shall be borne by the owners.
E. S~2)rj_~D_.r.!Li..n_~!E..tb The ~,',~,ner will be required ~o install'
all o~ site ~:tol:m dI'aill:D,,e syr;tc~m to haBd]e si,nfface water
runoff i_n an appropri:~t'e mc~nner, the design of which shall
be approved by the City E~inecr. The owner wi. lt be
required re pcirtic.i. pat:e .i.~ incre:u;tr~: the cnpac'ity of the
SUC)['T3 L~I:':I[I~:I:'O S)zSt',2l[l 0~' t'lC~Clii:.:..m Av~jc Sout:h lie the
c',xtc, n~ lhat ~:,~ch i~wr,~:u;c is deemed hater;gary by the Cit;f
l<r,,:~ric::,~ ,b: ,'B re',;ui/ of' i~<'reasc, d r ~nr-,ff from the PUD.
F..~c21i)hF,._~!.!jji'rL 'l'}!~ owner will provLdc scrcerting noise and
View On f.ho th>l'[h add wc'sl: property lines t:hrougl't t:he
~:;,'~ off ulat~t i;~,s which w.'ll wit:hin five yc;~rs be adequate
co buf~ar the PUD from the residential areas to the north
au d w~, s t.
~;iCa Pl.:m Rcvic,:.;. !~z'i~! to applicatic;n for a building
permit the Plannin~ Aftency will corlduct: a site plan
p 1 c: ns
WITH Tile I.ANi): '['his Agrr,'n~;c~nt 3hall be
filed for record with the i<its,!r~
cov~ r~c~:'.[ :'~+;-ming with [he land and l>3ii::li~', UI>~D Uhc <~,,f~c'F, it:n;
SUCCESS ~":
Page 3 of 3
VI I. "2MEDIES ,~ND ATTORNEYS FEES: I t is agreed that
damages are an indequate remedy and t:hat the City may seed
equitnble relief t'o en~'orce any provision of thi, s agreement:,
The O~yner and City agree that in the event an interpretation
of this agreement is required, the actio~ may first be commenced
in th,~ Winslow Hunicipal. Courl: which sh;lll be dee~ned to h,~ve
jurisdiction for this putposed but that trial in the W[n:~'low
Municipal Court shall nc~t: prevent ,',n appeal dc novo to the
Kitsap County Superior Court or any el. her court having ')uris-
diction. The proposed buL!dings are to meet the defi, ni~:Tor~ of
a two story structure ever' a baz:em~,nl; "story", first defined
by Part [I, Cha~ter 4, Section 420, and "basement:" , Part: YI ,
Chapter 4, Section 403 of the [979 Uni Form Building Co~k~, In
the event: leEal proceedin~,,~ to enfurcc lh~n agreement are
co~enced, the parties agree to any other relief provided by the
Court, the reasonable co~;t:s and ntLorneT's fees incurred -in such
acCic:n, In addition i'~ t]~e abovo run]cd]es, the City may, unless
the conditions described n Para~raph V, above, have been fully
camplied with to the s,~t:~sf','~ct:iot~ o17 lhe Cl.t:y Engineer, refuse
t:o issue an occupancy ~3ermi t' under t:he kerrus of Winslov~ OrdEnance.
Dated t]~ s
,ATT[Z :'; T: