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ORD 91-35 HARBOURSIDE MARINA PROJECT PERMITSORDINANCE NO. 91 - 35 AN ORDINANCE of the City of Winslow, Washington, approving applications for a Planned Unit Development, a Shoreline Substantial Development Permit and a Conditional Use Permit for the Harbourside Marina Services and Condominium Project, located south of Parfitt Way and east of Wood Avenue along the Eagle Harbor waterfront. WHEREAS, Roger Evans, Judith Evans, John Hunt and Denise Hunt filed applications for a Planned Unit Development, a Shoreline Substantial Development Permit and a Conditional Use Permit for the Harbourside Marina Services and Condominium Project; and WHEREAS, on May 11, 1991, the Planning Agency submitted its recommendation on the applications to the Hearing Examiner Pro Tempore; and WHEREAS, on May 22 and 29, 1991, the Hearing Examiner Pro Tempore held a public hearing on the applications upon proper notice;- and - ----- --- - WHEREAS, on June 28, 1991, the Hearing Examiner Pro Tempore issued Findings of Fact, Conclusions of Law and Recommendations and Decision, denying all three applications; and WHEREAS, upon receipt of the recommendations and decision, the City Council referred the matter to the Land Use/Economic Issues Committee for review and recommendation; and WHEREAS, at its meeting on August 15, 1991, the City Council, following a recommendation of the Land Use/Economic Issues Committee, modified the recommendations and decision of the Hearing Examiner Pro Tempore by approving the applications with conditions; and WHEREAS, the City Council has determined that the public use and interest will be served by approving the applications with conditions; 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: Section 1. The City Council adopts the Findings of Fact, Conclusions of Law and Decision attached hereto and by this reference incorporated herein as Exhibit A. -1- cab/1549R Section 2. Applicants Roger and Judith Evans and John and Denise Hunt have executed the "Concomitant Agreement for Planned Unit Development, Shoreline Substantial Development Permit and Conditional Use Permit" attached hereto and by this reference incorporated herein as Exhibit B. Subject to full compliance by the applicants and their heirs, assigns, grantees and successors in interest with the terms and conditions of that Agreement, the applications for Planned Unit Development, Shoreline Substantial Development Permit and Conditional Use Permit are approved. Section 3. The Mayor is authorized to execute the "Concomitant Agreement for Planned Unit Development, Shoreline Substantial Development Permit and Conditional Use Permit". 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 recording shall be paid by the applicants in accordance with the terms of the Agreement. Section 4. Any acts consistent with the authority and prior to the effective date of this Ordinance are hereby ratified and confirmed. Section 5. 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 17th day of October , 1991. APPROVED by the Mayor this 17th day of lktober , 1991. Sam V.oGranato, Mayor ATTEST/AUTHENTICATE: Ralph W. Eells, City Clerk APPROVED AS TO FORM: Rod P. Kaseguma, City Attorney FILED WITH THE CITY CLERK: 10-11=--91 PASSED BY THE CITY COUNCIL: 10-17-91 PUBLISHED: 10-23-91 POSTED: 10-23-91 EFFECTIVE DATE: 10-2.8-91 ORDINANCE NO.: 91-35 CONCOMITANT AGREEMENT FOR PLANNED UNIT DEVELOPMENT, SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT AND CONDITIONAL USE PERMIT THIS AGREEMENT is made this 17th day of October , 1991, by and between THE CITY OF WINSLOW a Washington C municipal corporation ("City"), JOHN and DENIAE HUNT, husband and wife, and ROGER and JUDITH EVANS, husband and wife (collectively, "Owners"). R E C I T A L S A. The City has authority under RCW Chapter 35A.63 and Article XI, Section 10 of the State Constitution to enact laws and enter into agreements to promote the health, safety and welfare of its citizens, and thereby control the use and development of property within its jurisdiction. B. Owners have applied for approval of a Planned Unit Development ("PUD") and issuance of a Shoreline Substantial Development Permit ("SSDP") and Conditional Use Permit ("CUP") for the property described below. C. The City Council, by motion, has authorized the preparation of an ordinance approving, with conditions, the PUD, SSDP and CUP. D. Pursuant to RCW Chapter 43.21C (State Environmental Policy Act), the City desires to mitigate any adverse impacts which may result from the proposed PUD and issuance of the SSDP and CUP. - 1 - cab/1539R E. Owners are willing to cooperate with the City to insure compliance with all local and state laws and regulations relating to the use and development of the property described below, and to enter into this Agreement to ensure compliance with the conditions of approval of the PUD, SSDP and CUP. NOW, THEREFORE, in consideration of the approval of the PUD, SSDP and CUP applications, and the terms and condition below, the parties agree as follows: 1. Description of Property. The legal description of the real property subject to this Agreement is set forth on Exhibit A, attached hereto and by this reference made a part hereof ("Property"). The Property is approximately three acres in size and is located south of Parfitt Way and east of Wood Avenue along the Eagle Harbor waterfront. 2. Development in Accordance With Proposal. Development of the Property shall be in compliance with (1) the PUD proposal and the SSDP and CUP applications filed with the City, as identified by exhibits in Hearing Examiner file numbers SSDP 10-27-89-1 and 10-27-89-2, (2) the terms and conditions of this Agreement, and (3) all rules, regulations, ordinances and policies of the City. If there is a conflict between the terms of this Agreement and the plans, proposals and applications, the terms of this Agreement shall be controlling. 3. Conditions of Development. Owners agree to develop the Property in accordance with the following conditions: 2 - cab/1539R a. Shoreline. Owners shall submit to the City Engineer, for review and approval, a design and plan for protecting the existing bulkhead during and after construction of the building that will replace the current marina owner's residence. b. Trees. Any trees removed from the bulkhead area shall be replaced before issuance of any certificate of occupancy for the project. Owners shall consult with a certified arborist regarding the type and size of replacement trees. C. Easements. Easements granting trails and paths to the City, as required by the Shoreline Substantial Development Permit issued to Roger James Evans/Bar Harbor Management Corp. on October 6, 1987, must be filed prior to the issuance of any building permit. d. Sidewalks. Sidewalks shall be constructed and installed on the borders of the project along Wood Avenue and Parfitt Way. e. Water. An eight -inch water line shall be constructed and installed prior to the issuance of any building permit. f. Sewer. Sewer facilities, such as plant capacity and lift station capacity, are adequate to serve the project. Prior to the issuance of a building permit, the Director of Public Works shall determine whether existing sewer pipes and in -ground sewer facilities should be upgraded or cleaned and - 3 - cab/1539R whether manholes are required. If upgrading or cleaning is required, Owners shall provide clean -outs to the sanitary sewer connections. If required, Owners shall provide manholes as appropriate. g. Drainage. Prior to the issuance of any permit, Owners shall submit to the City Engineer, for review and approval, plans for erosion control measures and drainage, including temporary erosion control measures. A grass swale shall be incorporated to provide bio -filtration for the project's run-off. The drainage control structures and the oil/water separator must be accessible by vehicles. The existing eight -inch diameter outlet pipe in the bulkhead shall be used to collect and distribute most of the project's drainage. Such pipe must be improved to standards specified by the City Engineer before the issuance of any building permit. h. Fire Protection. Adequate fire flow and hydrant availability must exist prior to the issuance of any building permit. (Location of the fire hydrants has been determined by the Fire Chief). The construction and installation of hydrants and the water line shall be approved and shall be in operation prior to occupancy of any new structure. Owners shall make all off-site improvements to insure adequate fire flow. i. Common Areas. Owners shall identify the responsibility and procedures for maintenance of commonly owned areas open to the use of all residents. Prior to the issuance of any building permit, Owners shall submit to the City cab/1539R - 4 - Attorney, for review and approval, the covenants, deeds, maintenance agreements and other documents which provide for maintenance of common areas and payment of taxes for such areas for the reasonable life of the buildings in the project. j. Parking. The project shall comply with the parking requirements of Winslow Municipal Code Chapter 18.89. k. Shoreline Vegetation. Development of the project shall preserve shoreline vegetation, which is necessary for erosion control. 1. Utility Lines. All utility lines shall be underground. M. SEPA. All SEPA conditions specified in the mitigated determination of non -significance for the project shall be met. n. LID Assessments. Owners, or persons owning tax lot parcels 272502-4-136-2003 ("tax lot A") and 272502-4-137-2002 ("tax lot B"), if they are different from Owners, shall (1) divide tax lot A into a tax lot north of the quarter section line ("tax lot C") and a tax lot south of the quarter section line ("tax lot D"), and (2) divide tax lot B into a tax lot north of the quarter section line ("tax lot E") and a tax lot south of the quarter section line ("tax lot F"). Following division of the tax lots A and B into tax lots C, D, E and F, owners, or persons owning such tax lots if they are different from Owners, shall segregate the assessments levied against tax lots D and F in LID 3A into two new assessment - 5 - cab/1539R parcels with the same boundaries as tax lots D and F. All outstanding assessments levied against tax lots D and F, together with outstanding penalties and interest, shall be paid to the City before any certificate of occupancy is issued for the project. o. Final Design. All final design elements shall be approved by the City, including utilities, site development and buildings. P. Off -Site Improvements. The off-site improvements on Wood Avenue shall insure that the eastern half of Wood Avenue is at least twelve feet of pavement to the curb line. q. Fees and Charges. All applicable fees and charges shall be paid by Owners prior to any construction. r. Submittal of Information. Owners shall submit for approval all required information prior to construction, including a drainage plan with all drainage details and a temporary erosion control plan. S. Turn -Around Traffic. Traffic access to Stetson Place by vehicles seeking a place to turn -around shall be discouraged. The Hunts will work with the Neighborhood Association to design a plan that allows for a traffic turn -around in the parking area of the project. t. Setbacks. The setbacks from the Wood Avenue townhouses must be adjusted to 25 feet from the road easement. U. Public Amenity Improvement. Owners shall design an enhanced public amenity in the upland multi -family portion of the project. This enhanced public amenity shall create a 6 - cab/1539R point for public viewing of the interior gardens and shall contain a minimum of three benches, which shall be of a size and shall be in a location approved by the City. Owners also shall install a minimum of four benches along the waterfront bulkhead trail, in such a way as to invite public shoreline viewing. The design of such public amenities shall be approved by the Land Use Committee of the City Council. V. Sidewalks. In addition to the sidewalk requirement of condition 3(d) above, Owners shall construct sidewalks along the south side of Parfitt Way, from the easterly property line to the existing sidewalks to the east near the Pegasus site. Owners may request financial participation from property owners abutting such sidewalks, but shall install the sidewalks prior to the issuance of any occupancy permit. This condition does not absolve any current land use applicants along the south side of Parfitt Way from installing sidewalks on their property, as may be required in their permitting processes. W. Expiration of PUD. The PUD approval shall expire unless a final PUD meeting all requirements of this Agreement is submitted to the City Council for approval within five years of the passage of the Ordinance authorizing execution of this Agreement. 4. Covenant Running With the Land. This Agreement shall be a covenant running with the land, and shall be binding upon the Owners, their successors and assigns. - 7 - cab/1539R 5. Recording. This Agreement shall be filed for record with the Kitsap County Auditor. Owners agree to pay all costs of recording this Agreement. 6. Police Power. Nothing in this Agreement shall be. construed to restrict the authority of the City to exercise its police powers. 7. Severability. If any section, paragraph, sentence, term or clause of this Agreement conflicts with applicable law, or is found by any court having jurisdiction to be contrary to law, such conflict shall not effect other sections, paragraphs, sentences, terms or clauses of this Agreement which can be given effect without the conflicting provision, and to this end, the terms of this Agreement shall be deemed to be severable; provided, that if any section, paragraph, term or clause of this Agreement is found to conflict with applicable law, the City shall have the right to bring the proposed development back before the City Council for further review and imposition of appropriate conditions to insure that the purposes for which this Agreement is entered into are in fact accomplished and the impact of the proposed development are mitigated. 8. 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. If an interpretation of this Agreement is required, an action seeking an interpretation shall first be commenced in the 8 - cab/1539R 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 addition to the above remedies, if the Owner has not fully complied to the conditions of this Agreement, the City may refuse to issue an occupancy permit. 9. Indemnification. Owners agree to indemnify and save harmless the City from and against all claims, suits, damages, costs, losses and expenses in any manner resulting from, arising out of or connected with the Owners' negligent performance of, or failure to perform fully, any term or condition of this Agreement. DATED this 17th day of October , 1991. OWNERS CITY OF WINSLOW By. JORN HUNT ATO, Mayor i� DENIJE HUN Gdi V) ROGER VANS U TH EVANS 9 - cab/1539R APPROVED AS TO FORM: ROD P. KASEGUMA, City Attorney STATE OF WASHINGTON ss. COUNTY OF KING I certify that I know or have satisfactory evidence that SAM J. GRANATO is the person who appeared before me, and said person acknowledged that he signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the instrument. STATE OF WASHINGTON ss. COUNTY OF KING I certify that I kno JOHN HUNT is the person who acknowledged that he signed to be his free and voluntary mentioned in the instrument. cab/1539R Dat Notary Public of Washington, My Appointment in and for the State residing at Expires w or have satisfactory evidence that appeared before me, and said person this instrument and acknowledged it act for the uses and purposes Dated ! S— V cl� L-eK- /9 - 4t'4 )1) , Ee� Notark Publib in and for the Sta e of Washington, residing at t✓& My Appointment Expires a - 10 - STATE OF WASHINGTON ss. COUNTY OF KING I certify that I know or have satisfactory evidence that J�DENIGXE HUNT is the person who appeared before me, and said person acknowledged that she signed this instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in the instrument. Dated 1- / 7� Notary Public in and for the St tg of Washington, residing at /tcjyl My Appointment Expires ,UCs-.0.1 159 S- STATE OF WASHINGTON � ss. COUNTY OF itl= �2� ) I certify that I know or have satisfactory evidence that ROGER EVANS is the person who appeared before me, and said person acknowledged that he signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the instrument. Dated Notary Public in" and for tYid S ate, of Washington, residing at My Appointment Expires -y- cab/1539R z- cab/1539R STATE OF WASHINGTON ) ) ss. COUNTY OF KaH& ) I certify that I know or have satisfactory evidence that JUDITH EVANS is the person who appeared before me, and said person acknowledged that she signed this instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in the instrument. Dated t. (—/,, 6'/ i Notary Public in and for Itt State of Washington, residing ate My Appointment Expires Z-�. : 0 - 12 - cab/1539R Findings of Fact, Conclusions of Law Recommendations and Decision In the Matter for the Harbourside File #SSDP 10-27-89-1 Application for Shoreline Substantial 10-27-89-2 Development Permit, Planned Unit Development, and Conditional Use Permit; Roger James Evans and Judith Ann Evans, husband and wife, and John Hunt and Denice Hunt husband and wife, Applicants City Council Meeting Summary On August 1, 1991, the City Council conducted the regular Council meeting. Deputy Mayor Marge Williams called the regular Council meeting to order at 7:00 PM with Councilmembers Averill, Chapel, Crofut, and Dysart present as well as Land Use Administrator Stephanie Warren, and City Attorney Kaseguma. Deputy Clerk Kasper monitored the tape of the meeting. Mayor Granato and Councilmembers Bowen and Maron were absent. The Harbourside Conditional Use Permit, Planned Unit Development and Shoreline Substantial Development Permit were discussed. Director of Planning and Community Development Warren stated applicant John Hunt has applied for a Planned Unit Development, Shoreline Substantial Development Permit, and Conditional Use Permit for the proposed project which will contain 30 multi- family units with 4 structures and replacement of the existing marina, owners residence, and add space for yacht brokerage. She stated that the project will be located on Parfitt Way. She stated the original proposal was submitted as a single project in 1989, and was separated in 1990, but heard as one project in the Planning Agency process. She stated staff and the Planning Agency recommend approval of the project, however, the Hearing Examiner recommended denial of the project based on WMC 18.40.070, which states the gross floor space devoted to residential uses may be up to 66% in commercial PUD's. She stated the project does not fulfill this requirement if the marina is not included. She stated the Hearing Examiner also denied the project based on its height of 35 feet which is greater than the height designated for that zone. She stated the Council must first act on the application for PUD and SSDP then act on the CUP regarding the height issue following those decisions. She stated Mr. Hunt has appealed the Hearing Examiner's decision. She stated the primary issue between she and the Hearing Examiner is whether or not to look at common uses. She stated if the marina is not considered in the gross floor space there is too much residential area. She stated the Planning Agency agreed the marina should be included. Several people spoke in favor of the project. The Council referred the project to the Land Use Committee for development of modifications to revise the Hearing Examiner's report to adopt the Land Use Administrator's interpretation of the gross floor space, allowance for the Conditional Use Permit for building height and other details to be included by the committee for report to the Council by August 15, 1991. On August 15, 1991 the City Council granted unanimous approval to disaffirm the Hearing Examiner's denial of the Conditional Use Permit; reject and modify the Hearing Examaminer's recommendation of denial of the Planned Unit Development applications with the addition of conditions; and reject and modify the Hearing Examiner's recommendation to deny the Shoreline Substantial Development Permit. Hearing Examiner Public Hearing Summary On May 22, 1991, at 7:00 P.M., Winslow Hearing Examiner Robin Thomas Baker conducted a public hearing to consider the applications for Shoreline Substantial Development Permit, Planned Unit Development permit and Conditional Use Permits filed by applicants: Roger James Evans, Judith Ann Evans, John Hunt and Denice Hunt, for a Planned Unit Development (hereinafter referred to as PUD) in a commercial zone on approximately three acres of land bordered by Wood Avenue and Parfitt Way in the City of Winslow. The applicants wish to combine properties owned by each of them into a joint development, which would include the Harbour Marina, the Jolly Roger Pub, a marina service building, a yacht sales office, a marina owner's residence and thirty condominium units for private residents. The hearing was attended by applicant, John Hunt, and by applicants, James Roger Evans (hereafter referred to as Jim Evans) and his wife, Judith Evans (hereafter referred to as Judy Evans). In addition to the applicants there were thirteen members of the public attending as interested parties. Renee Hauge monitored recording of the hearing. At the time of the first hearing, the Hearing Examiner announced that the Assistant Planner from the City of Winslow, Leigh Kennel, was unable to attend and testify at the May 22nd hearing, due to a sudden onset of illness. The Hearing Examiner announced to all parties present that the public hearing on this matter would be continued until May 29, 1991, however, the testimony of the applicants and any interested members of public present would be taken on May 22, 1991. Each person would have an additional E opportunity to speak at the May 29th hearing, if they had further comments. Mr. John Hunt was the primary spokesperson for the application. Applicants Evans also spoke in support of their applications. Paul Cope and F.E. Gutt spoke in favor of the application. Lois Andrus, representing the Bainbridge Island School District, made comments concerning the impact of this development on the school district. Paul Von Rosenstiel, a neighbor on Stetson Place, commented generally in favor of the project, however, expressed concerns about traffic and turn -around access at the end of Stetson Place. Carol Issacson, a neighbor on Wood Avenue, expressed concerns about driveway access from the Wood Avenue Townhouses onto Wood Avenue and a probable view blockage of her partial view of the Seattle skyline from her residence on Wood Avenue. On May 29, 1991, the public hearing was again held. Mr. Hunt was present as was Mrs. Evans, representing the applications. Also present were ten interested members of the public. Evelyn Vokolek of 451 Wood Avenue S.W., a neighbor of the proposed development, spoke in opposition to the project. She objected to the traffic it would create and the visual obstruction it would cause. Mrs. Vokolek expressed concern that the project did not blend in with the neighborhood of single family residences presently found along Wood Avenue. Carol Issacson once again spoke in opposition to the project. Paul Von Rosenstiel once again voiced his concerns about traffic access to the project. Lois Andrus, representing Bainbridge Island School District, offered exhibits to substantiate her previous statement. Leigh Kennel, Assistant Planner from the City of Winslow Department of Community Development, gave testimony about the project and the recommendations of the Planning staff. Paul Cope spoke in favor of the project. At approximately 9:30 P.M., the public hearing was closed. All present and all attending were informed that written documentation on this matter would be accepted until June 15, 1991. The City Council rejected the Hearing Examiner's findings and conclusions. The City Council now makes and enters the following: Findings of Fact I The real property which is subject to the application for Shoreline Substantial Development Permit and Planned Unit Development filed on October 27, 1989 is owned by Roger James Evans and Judith Ann Evans and is identified under tax assessors' number 8057-000-000-0005. A copy of the legal description of said property is attached hereto as Exhibit "A". The property is .78 of a acre of land surrounded on two sides by property owned by John Hunt and Denice Hunt. The property faces the Eagle Harbor shoreline on its south edge and is bordered on the east by private property presently occupied by a single family residence. The property is in a commercial zone with a master shoreline designation of "Urban". Please see the enlarged site plan which is Exhibit 1163" included in the file of the Hearing Examiner. II The remainder of the real property which is subject to the application for Shoreline Substantial Development Permit and Planned Unit Development permit filed by John Hunt is owned by John and Denice Hunt and is located south of Parfitt Way and east of Wood Avenue, along the Eagle Harbor waterfront. That property is identified by tax assessor's numbers 272502-4-134-2005, 272502-4-135-2004 and 272502-4-137-2002. The property consists of 2.3 acres, 2.15 acres of which are located above water. The property is adjacent to the Evans property. This real property has been purchased by John and Denice Hunt/Hunt Associates during the course of this land use application process. The legal description for the property now owned by John and Denice Hunt/Hunt Associates is attached as Exhibit "B". The property is in a commercial zone with a master shoreline designation of "Urban". III To the west of the Hunt/Evans property is the Williamson Landing six -unit condominium complex. This property includes a marina with twenty-four moorage slips. An agreement has been reached with the Williamson Landing Homeowners Association and John Hunt for certain covenants, set backs and screening between the two properties. That agreement is dated February 20, 1990 and has been recorded by the Kitsap County Auditor's Office and is included in this file as part of Exhibit 1112". Further to the west across Wood Avenue and Stetson Place are single family residences and a single family residential zone (10,000 square feet). To the north across Parfitt Way is a medium density multi -family residential zone containing single family residences, the Captain's House Bed and Breakfast establishment, and a sixty -unit senior citizen apartment complex. To the east, of the subject property, the zone is commercial, being a part of the Lower Madison Waterfront District. The adjacent lot, however, has a single family residence. Further to the east is the Winslow Wharf Marina, Saltwater Cafe, Pegasus Coffee Shop, 4 The Chandlery, office space and shops including the Waterfront Professional Building. IV The Evans property presently contains the Jolly Roger Pub, Harbour Marina, a Harbour Marina services building, the Marina Yacht Services, a personal residence known as the "Grow House", a stone shed and bicycle storage shed. It is proposed by the Evans that the Jolly Roger Pub remain as previously permitted and that the Harbour Marina remain as previously permitted. The marina has 45 moorage slips which are rental slips. The "Grow House", the building now housing Marina Yacht Services, and the bicycle storage shed would be torn down and replaced by a Marina services building, a new bicycle and tool shed, and an owner's residence with a yacht sales office. V On the Hunt property, which totals 2.3 acres of uplands, applicants propose to build thirty (30) townhouse and condominium units. Each unit would be built with a below grade two car garage. These thirty units would be located in four separate buildings each having a height of thirty-five feet. (See proposed site plan included as Exhibit 116311). The Hunt property is presently covered by tall grasses, a garden, some evergreen and deciduous trees. The property slopes toward the southeastern corner with the highest grade at the northwest corner of the site. A footpath is worn across the property from Parfitt Way to the marina buildings. As a part of the Hunt condominium and townhouse development, known as the Harbourside Project, Hunt and Associates has proposed an extensive landscape plan which includes a common garden area for use by condominium owners and by marina residents. In addition Hunt has proposed planting street trees along Wood Avenue and providing extensive parking lot landscaping throughout the project. The landscaping plan has been reviewed by the Land Use Administrator and has received her approval. Exhibit 1168" describes the existing vegetation on the property and the proposed changes to that landscape. Exhibit 1163" shows proposed landscaping. VI The applicant Evans is continuing to develop his Jolly Roger Pub on the subject property under a separate Shoreline Substantial Development Permit which was granted by Winslow City Council on September 17, 1987. A portion of the property which was covered by that 1987 permit has been sold to applicant Hunt. Applicant Evans has retained easement rights for access and for parking on the Hunt property consistent with his former permit. As a part of the 1987 Shoreline Substantial Development Permit granted to E Evans for development of the Jolly Roger Pub, the Evans are required to provide an improved pedestrian walkway from Parfitt Way to the pub. This walkway is to be constructed separate from the pub parking lot and the driveway access. In addition, applicant Evans is required to provide and install at his cost, or contribute the cost, for installation of a sidewalk along the Parfitt Way edge of lot number 27. A further condition imposed by that 1987 Shoreline Substantial Development Permit, is that Evans deed to the City an easement for a trail for public use along the waterfront edge of the Evans property for eventual tie to the City Waterfront Trail system. The trail is to be not less than five feet wide and traverse the entire width of the property. The trail is to be developed and maintained by the property owner. Also included in that permit was a requirement that the applicant provide clear delineation of fire access through the adjacent Harbour Marina Parking lot and enforce a fire access zone so that emergency vehicles would not be impeded in reaching the pub location. A covenant binding such use on the Harbour Marina property and successors in interest is to run with the land, and to be filed with the County Auditor. VII The adjacent Harbour Marina, also owned by applicants Evans and Bar Harbour Association, was granted a Shoreline Substantial Development Permit by the Winslow City Council on October 2, 1980. In addition to the commercial moorage, the permit required parking and access for thirty cars, toilet, shower and laundry facilities for boaters and improvement of an existing footpath on the Evans' property. Connection to City sewer services by the Marina was also required. The marina remains in operation. The Marina owners have reached a tentative agreement with Hunt to provide fifteen moorage slips for sale to Harbourside Condominium purchasers and to give Harbourside Condominium and Townhouse purchasers priority for rental of slips at the marina as they become available in the future. The marina, in their agreement with Hunt, will keep ten reserved parking spaces at the present parking area on the Hunt property and will have joint use of the Parfitt Way parking lot being developed jointly by Evans and Hunt for use of the marina, the pub, and the condominium and townhouse owners. VIII At the time the Harbour Marina Shoreline Substantial Development Permit was issued October 1980, no PUD had been formulated for the uplands portion of this property. Again in September 1987, when the Shoreline Substantial Development Permit was issued for the Jolly Roger Pub, Evans stated that he did not at that time have any plans for future additions, expansions or further activity connected to, or with the Jolly Roger Pub proposal and 0 he asked that the pub proposal stand in its own right. See Exhibit 1166" answer to Question 7. IX The Evans propose to build on the property retained by them a marina services building, an owners' residence containing a yacht sales office and a small bicycle, storage, and tool shed. The existing stone shed on the property will remain. The interior space for the marina office and services building totals 906 square feet. The interior space for the marina owners' residence and yacht sales office total 2,742 square feet with an adjoining garage which contains 441 square feet. The existing storage shed contains 234 square feet of interior space. The pub which presently exists on the property contains 1,546 square feet of interior space. All the buildings to be built as a part of the Evans project are within 200 feet of the shoreline and are located south of the north boundary of Parfitt Way. These buildings are each to be built at 25 feet in height. K4 The Evans have retained by easement under a development agreement, the right to maintain and control 50 percent of the common garden delineated in the proposal. This garden area will be made available to live-aboards at the marina, as well as to the marina owner. The present gravel parking lot which accesses from Parfitt Way will be paved as part of a joint project between Evans and Hunt. This project is proposed to contain 29 parking spaces for the joint use of the Marina and pub parking. A sidewalk will be built along the west edge of Parfitt Way parking giving sidewalk access to the public from Parfitt Way to the pub and marina with connection to the Waterfront trail. The project applicants have agreed to deed this sidewalk easement as a public trail access to the City of Winslow for permanent public access to the Waterfront trail which has previously been dedicated and was required to be deeded to the City as a condition of the pub Shoreline Substantial Development Permit. This sidewalk from Parfitt Way to the waterfront will be built and solely financed by the applicants. XI There is a recorded development agreement between the Applicants Roger James Evans and Judith Ann Evans, husband and wife for themselves and in behalf of Bar Harbour Associates, a Washington Limited Partnership, and John Hunt and Denice Hunt, husband and wife, dated December 1, 1989. This agreement is included as Exhibit 1128"; it is an agreement for ownership and maintenance of the common areas, the garden areas and easement access included IN in the Evans/Hunt project. The agreement does not include a provision for payment of taxes on the common area property. The following schedule indicates tax lot number and owners of record: TAX LOT NUMBERS: 272502-4-134-2005 (1.04 ac) John & Denice Hunt & OWNER OF RECORD: 272502-4-135-2004 ( .63 ac) John & Denice Hunt 272502-4-136-2003 ( .63 ac) Bar Harbor Management Corp 272502-4-137-2002 ( .51 ac) John & Denice Hunt 272502-4-073-2008 ( .26 ac) RJ & JA Evans Taxes and maintenance of common areas in the residential portion of the project will be included in the condominium association regulations. XII The interior floor space of the condominiums and townhouse units included in the Harbourside Condominium Development total 52,882 square feet of interior space for the residential part of the units and add 19,348 square feet in the garage area. The retail and commercial services of this joint PUD project are located entirely on the Evans portion of the project. The Marina Condominiums building is within 200 feet of the shoreline and is south of the north boundary of Parfitt Way. XIII A drainage plan has been proposed by the applicants and is included here marked Exhibit "57". The drainage plan shows the applicants propose to place collection basins in the parking areas and to tie in the downspouts for the condominiums to the storm drain thereby channeling all run off through an oil separator located near the proposed owners' residence and existing pub. This runoff will be discharged into Eagle Harbor through an existing eight inch outlet pipe in the bulkhead located to the east of the existing pub. This drainage plan has been reviewed by Kato and Warren, Inc., engineers retained by the City of Winslow. Kato and Warren, Inc. have recommended the following additions to the drainage proposal which the applicant has agreed to provide: 0 7. Drainage: Vehicular access to drainage control structures and oil/water separator is required. The existing eight inch diameter outlet pipe in the bulkhead will be used to collect and distribute most of the site's drainage. The pipe must be brought up to standards that will be specified by the City Engineer before the issuance of any building permits. Erosion control measures and a complete drainage plan, including temporary erosion control measures are required prior to the issuance of permits. It is recommended that a grass swale be incorporated to provide bio- filtration for the site's runoff. XIV The proposed project would be connected to the City of Winslow sewer system and would connect through an existing eight inch line to the City of Winslow lift station. Kato and Warren, Inc. as engineer for the City of Winslow, has reviewed the sewer system plan and have determined that: 6. Sewer: Sewer facilities such as plant capacity and lift station capacity have been determined to be adequate to serve this project. If the Public Works Department finds that there is a requirement to upgrade or clean existing pipes and in -ground facilities, the proponent will provide cleanouts to the sanitary sewer connections. If required, the proponent will provide manhole for sewer service. These issues will be resolved prior to the issuance of building permits. XV This project would be connecting to the City of Winslow water system. The water capacity service to this property is currently inadequate, therefore, the applicants have an oral agreement with adjoining owners to replace the existing four inch service with an eight inch main which would extend back to the Winslow Arms Apartments and would continue down the center line of Parfitt Avenue connecting to an eight inch line to Winslow Way along Wood Avenue. The project would be built with an eight inch water line throughout to provide adequate water flow and fire flow protection. This eight inch line would be installed by the parties to that agreement. A written agreement is being drafted to provide for latecomer hook-ups. The installation of this eight inch line has been required by the City Engineer to maintain adequate water pressure and available fire flow to the property owners in this area. See Exhibit "C" attached. The applicant has agreed to installation of the eight inch line prior to the issuance of building permits. XVI Exhibit 1157" shows applicants proposed location of fire hydrants for this project and fire truck access to the buildings. 9 Applicant Hunt stated at the hearing that all condominium and townhouse units will be constructed with sprinkler systems for fire protection. These residential buildings will include 5000 square feet of floor area. The fire district has reviewed the applicants site plans and has indicated the fire hydrant placement on the copy of the site plan attached to the letter from the fire district dated June 11, 1991 and included with these findings as Exhibit "D". The fire district has outlined in the June 11, 1991 letter, requirements for fire protection and fire flow which must be complied with by the applicants. The applicant agrees to the requirements as noted in Exhibit "D". XVII The Hunt property is bordered on the north by Parfitt Way and by Wood Avenue on the west. Both Parfitt Way and Wood Avenue have a 40 foot wide dedicated right -of -away designated on the Comprehensive Street Plan. XVIII An initial concern of neighbors from the adjoining properties was traffic congestion and on -street parking which might impede the flow of traffic on Parfitt Way and Wood Avenue. An examination of the proposal by Evans and Hunt shows that they have provided on site parking in sufficient number to comply with parking requirements of WMC 18.88 and 18.89. There should be no on - street parking along Wood or Parfitt as a result the project. Concern was expressed at the hearing about turn -around access on Wood Avenue. It appears that adequate turn -around access would be available off Wood Avenue in either parking lot on the site. Question 14(f) of the environmental checklist filed by the applicants addressed the question of vehicular volume expected to be generated by this development. The applicant stated that the residential component of the site development would generate approximately 232 vehicle trips per day, with the peak hour occurring between 4:30 and 5:30 P.M. The applicant states there is no information available on the pub traffic or on the small commercial traffic expected from the marina services. The existing site traffic is generated by the occupants and renters of the 45 boat slips located at the Harbour Marina. The City of Winslow did not conduct an independent traffic study on Wood Avenue and Parfitt Way. The City stated in their SEPA review worksheet that the impact would be to increase congestion at the corner of Madison and Parfitt, an already congested area. A increase of traffic would be expected on Wood Avenue. The applicant has agreed to mitigation that would include a loading area to facilitate carpool/vanpool or paratransit buses at the site, and to coordinate paratransit programs with Kitsap County Transit. 10 XIX Included as a part of proposed development are thirty (30) condominium units. The majority of those condominiums are three bedroom units with some two bedroom units being included in the Parfitt East and West condominiums. Copies of the proposed floor plans of those units are included in exhibit 1173". Applicant Hunt stated at the public hearing that he is targeting buyers in the upper income bracket and expects his least expensive unit to be marketed at a price in excess of $225,000.00. He anticipates the units will be sold to couples without children or couples with a maximum of one child. His facilities, he states, have been designed with an adult population in mind. The recreation proposed for the residents includes access to the waterfront, potential rental or use of the marina, gardening in the open space common area. There are city parks within a half mile radius of this property. The Department of Community Development stated the usage impact of this project on parks will be minimal. Only the commercial portion requires public open space and shoreline access. The access is provided at the site with the trail to the waterfront and the trail along the waterfront. The residential part requires that the residents have access to common open space. The gardens satisfy this requirement. There is no requirement for public access in the residential part of the project. The Land Use office has determined the amount of open space to be adequate. In addition, the proposal provides for deeding to the City as public access a walkway from Parfitt Way to the waterfront which was required to be constructed as a condition of the pub permit. XX The proposed project will build thirty residential units in four separate buildings each building having a proposed height of thirty-five feet. One building will be located next to the Williamson Landing Condominiums, facing east. The townhouse building will extend from the Wood Avenue parking lot to the northwest corner of the property. Two other buildings will extend along the northern property line, facing south, to the Parfitt parking lot. The site slopes to the water. The existing views of Eagle Harbor from both Wood Avenue and Parfitt Way are restricted due to the change in grade and to existing structures, fences, and trees. It is likely that one single family residence on Wood Avenue will have their view obstructed by the project. However, this is not due to the additional height. It is likely that view blockage from that house would occur if only a single family house was constructed at the proposed site. 11 XXI The portion of the project financed by each applicant is expected to exceed $10,000.00. XXII Notice was published in the Bainbridge Review on May 8, 1991 and May 15, 1991 giving public notice of the hearings to be held May 22, 1991. A copy of that legal notice as published is included as exhibit 1176C" Notice of public hearing was visibly posted on the subject property and was continually posted there until after the hearing. An affidavit of that posting can be found in this file, marked Exhibit 1180" At the public hearing May 22, 1991, the Hearing Examiner announced continuation of the hearing until May 29, 1991 to take additional testimony. XXIII These applications were reviewed by the Winslow Planning Agency at its April 11, 1991 meeting. The Planning Agency voted unanimously to recommend approval to Hearing Examiner of the Harbourside project with the recommendations presented to the Planning Agency by the Land Use Office, dated April 5, 1991, and with the drawings presented at the public hearing March 28, 1991. The Planning Agency included some revisions to those recommendations which are set forth in the minutes of the Planning Agency meeting included here and marked as Exhibit 1152". XXIV A SEPA Mitigated Determination of Nonsignificance was issued with conditions by the City of Winslow Department of Community Development for the Harbourside Condominiums and a Determination of Nonsignificance was issued for the harbourside Marina portion of the project. Both determinations were issued March 11, 1991. Subsequent to the posting of SEPA Determination, a SEPA appeal letter was received from the Bainbridge Island School District appealing the school impact portion of the DNS issued for Harbourside Condominiums. That appeal process was on-going at the time of public hearing. Subsequent to the hearing the City Council denied the school district SEPA appeal. The proposed bicycle and tool shed, yacht sales office and marina services buildings which are to be built on the Evans' property are consistent with the commercial zone designation of the underlying property and with the commercial nature of the existing use on the property. The pub should open in late summer 1991. The proposed residential use of the Hunt upland's property is consistent with the residential use located across Wood Avenue 12 and with the multi -family residential use located to the north of Parfitt Way. The residential use is proposed to be built in a commercial zone as part of a Planned Unit Development. There are several multi -family senior housing complexes across Parfitt to the north and east of this project with which this multi -family residential project would be consistent. To the south of this project is located Williamson Landing, a six unit condominium, approximately 35 feet in height, built along Eagle Harbor shoreline. The Williamson Landing Property Owners Association has filed a letter in support of this project. In addition, a neighbor, Paul Von Rosenstiel attended both hearings. Von Rosenstiel stated support for the residential nature of the Hunt project; he thought the commercial zone designation of this property was an incorrect zoning choice. The hearings were attended by several proposed purchasers of the Harbourside Condominium units. These potential buyers also spoke in favor of the residential nature of this planned unit development at this location. XXVI This project will generate a minimum of four new students to the Bainbridge Island School District. The school district is already at capacity at the elementary level and will probably be at capacity at the middle school level by the time this project is constructed. The applicants have agreed to pay an impact fee to the Bainbridge Island School District as a condition for approval of this project. That fee will be determined by a formula set forth in a Winslow City Ordinance on school impact fees. When said ordinance becomes law, applicant has agreed to comply with the ordinance. XXVII The Winslow Hearing Examiner, J. Robin Hunt filed an Order of Disqualification which is on file as Exhibit 1158". The Hearing Examiner ProTem, therefore, held the public hearings necessary in these permit applications. Conclusions of Law Legal notice of the public hearing was given. 13 II Winslow Municipal Code 16.12.400 requires a Shoreline Substantial Development Permit for this project because the project is located on the waterfront and will cost more than $1,000.00. Applicant Hunt proposes to build four multi -family residential buildings on the property, each of which is proposed to be built to a height of 35 feet. one of these buildings is within 200 feet of the shoreline. It is this departure alone that necessitates a Conditional Use permit. See WMC 18.72.030. Commercial services parts of the project, the yacht sales office, marina owners residence, and the marina office are considered to be water related, which means no conditional use permit is required. The residential part, the Hunt townhouses and condominiums are allowed in the urban shoreline area. The Evans' residence even if not considered as water related is exempt. Therefore this project is consistent with the policies and regulations of the shoreline urban designation. Both applicants have also applied for a planned unit development permit as required by WMC 18.72.020 (J). This project is located in the Lower Madison Waterfront District/Commercial zone. III The applicants, Evans and Hunt, were required to demonstrate at the hearing for the Shoreline Substantial Development Permit that their project met the following criteria under WMC 16.12.860 (K): 1. The development is consistent with the goals and policies of the Shoreline Management Master Program; 2. The development is permitted by the general regulations set forth by the use or activity; 3. The use or activity is permitted by the general regulations set forth by the specific environment in which it is to be located; 4. The development project will not cause a use or activity accessory to the major use or activity which is not consistent with the goals, policies and regulations in the Shoreline Management Master Program. IV A Shoreline Master Program goal set forth in WMC 16.12.530 states in part: It is the goal of this program to allow... commercial and other developments which are dependent on the related shoreline locations. Uses which are not shoreline but related but which provide an opportunity for people to 14 use and enjoy the shoreline should be encouraged. Another goal is set forth in WMC 16.12.540: It is the goal of this program to insure safe and convenient access for the public to publicly owned shorelines and insure that intrusions created by access will not endanger life, property or environment. Another Shoreline Master Program goal is stated in WMC 16.12.560: It is the goal of this program to provide convenient and diverse public recreation opportunities along the shorelines and to encourage complimentary privately owned recreational opportunities. ►i7 This project is located in the Lower Madison Waterfront District/ Commercial zone and has been designated an "Urban environment". WMC 16.12.570 defines urban environment as: ...an area of intense modification of the natural systems caused by human activity with residential, commercial and industrial uses. The purpose of placing an area in an urban environment is to ensure the utilization of the area to be a multiplicity of human uses. B. The use policies are: 1. Any shoreline use....; 2. Public access should be encouraged. Where practical, various access points ought to be linked to nonmotorized transportation routes, such as bicycle and hiking paths. 3. PUDs should be encouraged within the shoreline area...." This proposal is viewed as partially commercial and partially residential. The commercial services parts, the marina, and the yacht sales office, marina owners residences are considered to be water related. The residential part, the Hunt townhouses and condominiums are allowed in the urban shoreline area. This project is a PUD which is encouraged within shoreline zones. Commercial uses are either shoreline dependent (the marina), or shoreline related (commercial uses). Residential uses are allowed in the urban environment but are not required to be water related, and the project provides for a connecting link in the existing City of Winslow waterfront trail. Therefore the proposal is consistent with WMC 16.12.570. 15 VI WMC 16.12.670 (D) states: "Commercial development is allowed in the urban environment only". "It should be compatible in size and scale to the area in which located". "Parking facilities should be placed away from the waters edge". and "Developments should be designed in such a way as to minimize disruptions of scenic views". The proposal conforms to WMC 16.12.670 in the following ways: It provides water related commercial development and therefore public uses along the shoreline. The buildings provide a gradual transition in scale between the single family houses on Wood Avenue, and the larger multi -family developments at Williamson's Landing and other nearby multi -family structures. Under the Evans and Hunt proposal the parking facilities for this commercial project will be placed inland and away from the immediate water's edge and beaches, in compliance with WMC 16.12.670 (B)2. The height proposed for the commercial buildings on the Evans property and with buildings in the immediate vicinity. Those buildings will not substantially change the scenic view obstruction from the present condition caused by buildings on the site. Only one of the Hunt buildings needs a height departure. Public input at the council meeting on August 1, 1991 agrees with the Land Use office that the views in the area are not significant now. "*o WMC 16.12.740(D)4 states: "... residential development shall be permitted in the urban environment subject to the general regulations and Title 18 of this code." The Zoning Referenced in WMC 18. a. Planned Unit Development Title 18.40 16 1. The purpose of a PUD is to encourage development that would be better than that resulting from the traditional lot -by -lot development, by applying principles of excellent design, to permit the flexibility of design that will allow creative approaches to development; to encourage the preservation of open space, natural vegetation and natural ecological systems. 2. The maintenance of commonly owned areas or areas open for the use of all residences shall by identified by the applicant. The applicant shall submit to the planning agency and city attorney the covenants, deeds, maintenance agreements, etc., and other instruments guaranteeing the maintenance of common areas and the payment of taxes thereon for the reasonable life of the buildings. b. Lower Madison Waterfront Title 18.72 Parking requirements of Chapter 18.89 shall apply. c. The following table is a composite of the specific requirements in WMC Title 18.40 and 18.72. PUD REQUIREMENTS LOWER MADISON WATERFRONT REQUIREMENTS 1. Any use permitted in the Lower 1. Permitted uses include PUDs, Waterfront zone is permitted. residences, services, retail sales, and others. 2. The density of the number of dwelling units permitted in a PUD shall be the underlying zone. 3. No minimum lot size is required. 4. Lot coverage in residential development is 25 percent, there is no maximum coverage in commercial development. the maximum covered in commercial zones shall not exceed 1.15 percent of density in the underlying zone. 5. There is no minimum yard required, except for properties adjacent to a residential zone. 17 2. Density is not addressed in this zone. 3. Lot size is not addressed. 4. The maximum lot coverage (area covered by buildings) shall not exceed 35 percent. 5. Front, rear, and side yards shall not total less than twenty feet. Side yards shall be at least five feet, except for properties adjacent to a residential zone. The proposal meets all the requirements of WMC 18.40 (PUD) in that it provides a sensitively designed development which is sympathetic to commercial uses on the water and to adjacent residential uses in the Lower Madison District, and which preserves open space, natural vegetation systems and natural ecological systems. The applicant has agreed to measures to protect the shoreline. A design approved by the City Engineer to allow for the protection of the existing bulkhead during and after construction of the building that will replace the current marina owner's residence is required. The applicant has also agreed that if any trees are removed from the bulkhead areas, replanting will be completed before issuance of final certificate of occupancy permits. A certified arborist will be consulted to determined the type and size of the trees to be planted. VIII The proposed planned unit development meets the requirements of WMC 18.100.060 (B), because the height of the townhouse and condominium buildings and their location on the site do not cause substantial view blockage from properties neighboring on the west and north. Further, adequate provision has been made under this project proposal to mitigate increased traffic congestion caused by the addition of thirty residential units to this property. This project will impact the Bainbridge Island School District by adding new students to schools already at capacity. As a part of the SEPA process the applicants have agreed to mitigate that impact by compliance with the school impact fee ordinance when passed by the Winslow City Council. That fee building or at a time set forth in the school impact ordinance whichever is later. This proposed planned unit development does conform to applicable provisions of WMC 18.88, WMC 18.89 and WMC 18.90. Adequate on-site parking is provided for both the commercial services proposed and the private residences. The applicants landscaping plan has been approved by the Director of Planning and Community Development. WMC 18.100.050 (F) 1. requires the applicant to show that the proposed planned unit development makes adequate provision for construction and maintenance of public open space, recreational areas and public facilities. This planned unit development has private open space set aside for gardening and a private patio area for entertaining, but has no provision for public open space and none is require for the residential uses. Public access for the commercial portion is provided on a sidewalk proposed to be constructed, from Parfitt Way along the Parfitt parking lot to the pub and marina. In addition, as part of the previous pub permit, Mr. Evans will deed waterfront trail access along the Eagle Harbor shoreline of his property to the City of Winslow. 18 IX WMC 18.40.070 requires the percentage of multi -family residential use in a commercial PUD is to be no greater than sixty-six percent of he gross floor area. The Land Use office has interpreted this provision as allowing total site related facilities in the calculation. In view of the fact that there is a commercial marina facility which is an existing feature of the overall site, the square footage of the commercial marina facility offsets the proposed residential space. Therefore, the project is in conformance with WMC 18.40.070. KI The project consists of Shoreline Substantial Development Permit application, Planned Unit Development application, and Conditional Use Permit application. The Hearing Examiner recommended denial of the project. The Planning Agency and the Land Use Office recommended approval of the project, provided the applicant agrees to certain conditions. DECISION: The City Council grants unanimous approval to disaffirm the Hearing Examiner's denial of the CUP; reject and modify the Hearing Examaminer's recommendation of denial of the PUD applications with the addition of conditions; and reject and modify the Hearing Examiner's recommendation to deny the Shoreline Substantial Development Permit. The Council concurs with the Planning Agency and the Land Use Office recommendations and approves the project with the following conditions: CONDITIONS OF DEVELOPMENT: Owners agree to develop the Property in accordance with the following conditions: 1. Shoreline. Owners shall submit to the City Engineer, for review and approval, a design and plan for protecting the existing bulkhead during and after construction of the building that will replace the current marina owner's residence. 2. Trees. Any trees removed from the bulkhead area shall be replaced before issuance of any certificate of occupancy for the project. Owners shall consult with a certified arborist regarding the type and size of replacement trees. 3. Easements. Easements granting trails and paths to the city, as required by the Shoreline Substantial Development Permit issued to Roger James Evans/Bar Harbor Management 19 Corp. on October 6, 1987, must be filed prior to the issuance of any building permit. 4. Sidewalks. Sidewalks shall be constructed and installed on the borders of the project along Wood Avenue and Parfitt Way. 5. Water. An eight -inch water line shall be constructed and installed prior to the issuance of any building permit. 6. Sewer. Sewer facilities, such as plant capacity and lift station capacity, are adequate to serve the project. Prior to the issuance of a building permit, the Director of Public Works shall determine whether existing sewer pipes and in - ground sewer facilities should be upgraded or cleaned and whether manholes are required. If upgrading or cleaning is required, Owners shall provide clean -outs to the sanitary sewer connections. If required, Owners shall provide manholes as appropriate. 7. Drainage. Prior to the issuance of any permit, Owners shall submit to the City Engineer, for review and approval, plans for erosion control measures and drainage, including temporary erosion control measures. A grass swale shall be incorporated to provide bio -filtration for the project's run- off. The drainage control structures and the oil/water separator must be accessible by vehicles. The existing eight -inch diameter outlet pipe in the bulkhead shall be used to collect and distribute most of the project's drainage. Such pipe must be improved to standards specified by the City Engineer before the issuance of any building permit. 8. Fire Protection. Adequate fire flow and hydrant availability must exist prior to the issuance of any building permit. (Location of the fire hydrants has been determined by the Fire Chief). The construction and installation of hydrants and the water line shall be approved and shall be in operation prior to occupancy of any new structure. Owners shall make all off-site improvements to insure adequate fire flow. 9. Common Areas. Owners shall identify the responsibility and procedures for maintenance of commonly owned areas open to the use of all residents. Prior to the issuance of any building permit, Owners shall submit to the City Attorney, for review and approval, the covenants, deeds, maintenance agreements and other documents which provide for maintenance of common areas and payment of taxes for such areas for the reasonable life of the buildings in the project. 10. Parking. The project shall comply with the parking requirements of Winslow Municipal Code Chapter 18.89. 20 11. Shoreline Vegetation. Development of the project shall preserve shoreline vegetation, which is necessary for erosion control. 12. Utility Lines. All utility lines shall be underground. 13. SEPA. All SEPA conditions specified in the mitigated determination of non -significance for the project shall be met. 14. LID Assessments. Owners, or persons owning tax lot parcels 272502-4-136-2003 ("tax lot A") and 272502-4-137-2002 ("tax lot B"),if they are different from Owners, shall (1) divide tax lot A into a tax lot north of the quarter section line ("tax lot C") and a tax lot south of the quarter section line ("tax lot D"), and (2) divide tax lot B into a tax lot north of the quarter section ("tax lot E") and a tax lot south of the quarter section line ("tax lot F"). Following division of the tax lots A and B into tax lots C, D, E, and F, owners, or persons owning such tax lots if they are different from Owners, shall segregate the assessments levied against tax lots D and F in LID 3A into two new assessment parcels with the same boundaries as tax lots D and F. All outstanding assessments levied against tax lots D and F, together with outstanding penalties and interest, shall be paid to the City before any certificate of occupancy is issued for the project. 15. Final Design. All final design elements shall be approved by the City, including utilities, site development and buildings. 16. Off -Site Improvements. The off-site improvements on Wood Avenue shall insure that the eastern half of Wood Avenue is at least twelve feet of pavement to the curb line. 17. Fees and Charges. All applicable fees and charges shall be paid by Owners prior to any construction. 18. Submittal of Information. Owners shall submit for approval all required information prior to construction, including a drainage plan with all drainage details and a temporary erosion control plan. 19. Turn -Around Traffic. Traffic access to Stetson Place by vehicles seeking a place to turn -around shall be discouraged. The Hunts will work with the Neighborhood Association to design a plan that allows for a traffic turn -around in the parking area of the project. 20. Setbacks. The setbacks from the Wood Avenue townhouses must be adjusted to 25 feet from the road easement. 21 21. Public Amenity Improvement. Owners shall design an enhanced public amenity in the upland multi -family portion of the project. This enhanced public amenity shall create a point for public viewing of the interior gardens and shall contain a minimum of three benches, which shall be of a size and shall be in a location approved by the City. Owners also shall install a minimum of four benches along the waterfront bulkhead trail, in such a way as to invite public shoreline viewing. The design of such public amenities shall be approved by the Land Use Committee of the City Council. 22. Sidewalks. In addition to the sidewalk requirement of condition 4 above, Owners shall construct sidewalks along the south side of Parfitt Way, from the easterly property line to the existing sidewalks to the east near the Pegasus site. Owners may request financial participation from property owners abutting such sidewalks, but shall install the sidewalks prior to the issuance of any occupancy permit. This condition does not absolve any current land use applicants along the south side of Parfitt Way from installing sidewalks on their property, as may be required in their permitting processes. 23. Expiration of PUD. The PUD approval shall expire unless a final PUD meeting all requirements of this Agreement is submitted to the City Council for approval within five years of the passage of the Ordinance authorizing execution of this Agreement. 22