ORD 73-01 CLASSIFICATION AND REZONING CITY OF WINSLOW
ORDINANCE NUMBER ~ -- /
An ordinance amending the use classification planning
and zoning maps and rezoning approximately 7.5 acres
of the old Winslow shipyard property located south
and west of the Winslow ferry terminal, from Mercantile
to RMM 1200.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WINSLOW AS FOLLOWS:
WHEREAS, upon application for rezone and reclassifi-
cation from Mercantile to RMM 1200 zoning for the following des-
cribed property within the City of Wins low, and
WHEREAS, the Planning Commission of the City of Winslow
has held two (2) public hearings on the proposed rezoning of said
parcel, said public hearings having been conducted on August 17,
1972 and September 6, 1972, following which the Planning Commission
recommended favorably thereon, and
WHEREAS, the City Council of the City of Winslow having
heard and reviewed the Planning Commission's report, having studied
the minutes and Planning Commission records and recommendations
thereon and in that connection having conducted two (2) additional
public hearings on the 16th day of October, 1972 and December 4,
1972, during which it heard testimony and statements from all in-
terested parties present, and
WHEREAS, the proposed re zone was found by the City
Council to be within the scope of the overall comprehensive plan
as originally prepared for the City by its Planning Consultants
Harstad & Associates and the City Planning Commission and hereto-
fore adopted by Resolution, and
Page Two - Ordinance 72
WHEREAS, a preliminary envir~mental impact state-
ment has been submitted by the proponents, and the City Council
having reviewed the impact statement and having been familiar
with the subject property area and the surrounding environment
heretofore zoned Mercantile, and having communicated with the
State of Washington Ferry System, the State Department of Ecology
and other interested agencies, and having directed the propo-
nents to up-date the impact statement and to prepare and sub-
mit a final impact statement incident to proponent's application
for building permits for construction of the Planned Unit Deve-
lopment improvements in the area to be rezoned RMM 1200, and the
City Council having found that reclassification and rezoning
from Mercantile to RMM 1200 is in the public interest and con-
ducive to the general welfare of the City of Winslow:
SECTIONal: That portion of Government Lot 3, Section 26, Town-
ship 25 North, Range 2 East, W.M., located in the City of Wins-
low,
County of Kitsap, State of Washington, Beginning at the Northeast
corner of Government Lot 3 of said Section 26; thence South 0°25'
East 294 feet; thence South 89°35' West 75 feet; thence South
19°35' West 393.2 feet; thence North 81°55' West 400 feet; thence
South 13°35' West 15.2 feet to the true point of beginning; thence
North 77°52'30"West a distance of 293.19 feet; thence North
74°29' West 299.1 feet; thence South 4°31' West 291.52 feet; thence
South 6°46' East 127.69 feet to the Government meander line;
thence South 49°53'40'' East 488.61 feet along said meander line
to the meander corner; thence North 62°24' 20'' East along Govern-
ment meander line 535.14 feet; thence North 39°00'30'' West 278.94
feet; thence North 33°44'30'' West 100.3 feet; thence North 38°
31'30" West 54.4 feet to the true point of beginning; EXCEPT that
portion, if any, lying within that portion condemned by the State
of Washington under Kitsap County Superior Court Cause No. 47871:
EXCEPT that portion conveyed to Washington Toll Bridge Authority
under Auditor ' s File No. 852163, described as follows:
Portion of Government Lot 3, Section 26, Township 25
North, Range 2 East, W.M., and all second class tidelands in front
thereof, described as follows:
Page Three - Ordinance 72
Starting at the Northeast corner of Government Lot 3,
said Section 26; thence South 1°24'44'' West 766.44 feet; thence
South 49°08'53'' West 10.91 feet; thence South 63°30'49'' West
740.11 feet; thence South 8°05'36'' East 179.65 feet to the
true point of beginning; thence South 82°28'04'' West 194.50 feet
(hereinafter called Segment "X") : thence North 8°05'36'' West
238.10 feet (hereinafter called Segment "Y") ; thence South 82°
27'04" West 169.89 feet; thence South 48°33'39'' West 71.18 feet:
thence South 13°15'19'' West 218.39 feet; thence South 8°05'36''
East to the U.S. Pierhead Line; thence North 73°52'40'' East along
said Pierhead Line to a point which bears South 8°05'36'' East
from the point of beginning; thence North 8°05'36'' West to the
true point of beginning:
is hereby changed in use classification from Mercantile
to RMM 1200; and
SECTION 2: The City of Winslow Ordinance 69-16 is hereby amended
consistent with the above specified rezone; and
SECTION 3: The rezoning of the above described parcel from Mer-
cantile to RMM 1200 by the City of Winslow is in consideration
of the petition, representations and agreement by AMCO Investors
Inc., a copy of which agreement between AMCO Investors Inc. and
the City of Winslow is hereby incorporated by reference as though
fully set forth herein; provided, however that AMCO Investors Inc.,
as the petitioner for the rezone, recognizes that the foregoing
reclassification and rezoning of the above described parcel is
subject to the following stipulations, the terms of which shall
govern in the event of any apparent or real inconsistency with
the agreement hereinabove incorporated by reference:
1. That any development will be only under the Planned
Unit Development provision of the zoning code of the City of Win-
slow;
2. That the developer will maintain public access to
38 2002
Page Four - Ordinance 72
3. That if a marina is provided, it shall not be re-
stricted to tenants only;
4. That the developers will join with the City in pre-
paring the necessary environmental impact statement;
5. That the development of the Planned Unit Develop-
ment be in keeping with and subject to such sewage facility as
may be provided by the City.
SECTION 4: This Ordinance shall take affect five (5) days after
its passage, approval and publication.
PASSED by the City Council of the City of Wins low this
20t~tay of February ,1973, and signed in authenti-
cation of its passage this 20th day of February
MAY 0 R ( Pr ~ '
Attest:
1973.
Approved as to Form:
Published:
.~az~c?:,:: ,~.: ,::~c',.'~' ' '' "' , ...... ~e]ed ~: '
att:liC}:':t.], ]~C-i',~I.('~ ~:~'--~ irt<:o. ~'~:u:-'~,5 ~:~. ([ h<2~I'c:iY1 i:,>~ !'c]Tc:i-cllCO ~$-
To'~::] o [' ?jTLiZ'i ."";" :"':') i ;.i C}' .:t:":,''= "" i n ';:c,n.'~r~q C].;:~3s '~ '.C'~ cation from '~,rcin
tile C,."~ ~,:.'./:l zj::",~"~ L:'~r t]':{~ I~r'c,]'~'3rZ,:";' d<~:-:c:~il')ed ]-~ Exhibit ~<o. i and
c,a~' C~ ;~ '<c ~'' . '. o~ , . -
..... ' h fc, un b ;~ tb
;'.:'~r',t~''''c hc, ~-v of 'q~p~.:..o~{, as <l t t ~ 'rnz -
inq o-F t.]~:: :L.c~'v~; d':,:~<TiL, cd p-ror:-:.:'?t'y :is c:',:t~istcnt v:itIx the int'.en'C
,'~nd. i{:~'z:.; r2~,i{,: ,f::_:-';:c!<.,',~'~z,:~t ,:~f t:!':e/:i'c",~ of Wi~',s].ow arid its c,:,~':":..'~
]te:':sivc~ ;'~lart at'~d wit]~in t~e :~]c:ne'z'ai ",~7,.faro Of the {LO:':i]2tlllitV nnj
": City of Winslow and
in order to fully protect the ct.~';,::'m:'xity
~,, de' e~ ~ ,._no subject '.0rel:erty has
fur,~,er ~,~iStlrC proI:~cr _ v ~o~:~cnt c~'
fore set out certain con.dition3 for the YUf>~ 1200 zc.n"[n:~ of the
jeer. prc:v~er:,,, whic;~ are attache.,~ t:o the l:~nd and arc to be carri.'sd
out; ~xo"~,' t.I:er<. 'fore,
' .... d '=',?c .' . -
~. Anco I,'~vesto~"s, l'z~c. ~,'i]] c, lop the sub-~ect
petty i:: acc:o:',i:-:~cu-, V,'i. lt]l ['7]'i0 :')].:',~'iliC<_I lI]ilt .... C~VD~.O'{;]i:C'iiu ,.<'C,.j<'~,
' _ ' s zc;'~inn ord;n::::cc a~td s~'al 1 nec't the st, a:~d~::rjs
the To:.:r~ <'~ F ':. ~ 713 1 o',.: .:.,
~, .... ~;~c:.: s..~l'l coc~r~er..',..i't.'. fu!lv wit):
City c,f ui,;',:!::;'.: 'in ',,",'c'~':~,!,'~.~',,', ~i-~f,",'~'r':n{,],o,',~ in order for the City'
'- ;- ,'~-f _ a.v Amco investots,
I.:,~c for t~ '- .
. ,~0 cc:~;..':;tr':,!ctSc;n $,r~cl C-~CTS,.iOR O; t]~e develo!'~ment.
caused the sa:r:e to be execut,~d by its President this ~z,~-_~Z day c,,f
AT [CO !,']% I':~C.
L ~ ~i 1. t+ 1~ ~ ~" v t~.' a~., t t~ ?~ t ~. i% T'1 ~ i~..~, c t ~ ; ' ~ ~.~ n v 4' k '.: ~ .~,. n ~ ~ .i 1 ~ ~.:~. ~T t'~ ~ ' S ' ~ ~
of «~ is~• arbd be?~~,~F~en tT.~~: C'IT'E' C~?' `.~T:dSL~7itd, a r~runici-
pal cor;~arridiara, rtnci ~~"iCQ I:~`'~<::w's ^35, ?~~. , a. t~xashinlY ton cor~arat:icir~:.
1'1'Ii}Rt1S, ~~±co Z.xvestaxs, ..1.:nc. ~i£aS an ,a-~tian on c;~rtain
1an(~s t}CiL.~'~:).f;i~~ <.rl ttae.'. att<a:a~e?iF CL}:+r3~'ltU~.~ ~<2~)t'1e~i f.I.:..ta~}~3~.. tic) ~11
att~zcnuci her~uto and ~.ncox°~oa atc~d h:=ro~.n by reforenco ns ti~iou~Iz
fully set crth herein; and
t'~'II:,`t~::~~, ,~.rn^o Inv+rstars, Inc. Trade ap~licatian to t}.o
Toirn of 'riinslat3 for a c}aanme in zanin~ classification frog '~Si~rcan-
tile to f?''i?i 1200 for the ~rnpext.y descx'igeci in Exhibit ;`do. 1 anti
the City of .r,finslaq~° has art~!nted tiYe rezonti request for that pra-
~erty d^scrir~~~d in Exhibit ~~o. 1; and,
w'IiER`r::1S, the City of ~°tin slc~E~r has fr~unc~ that the re~;c;n-
in~; of the a~>ovc describF: d pro~crty is consistent with the intc~r~t
~l1C}. long:, r~.71'.s'V (3f."1E,'~i.~:"?;"lu'i2t {3{~ t'`.if' ~iGY 'J~ ~1'I1~'s~.0oti <ixi J.t~ ~i~3"t~'~~..
}aensive P1<^.n and wit}-in tl,e ryeneral z.elfare of t}r~ cu~o:rturaity, znci
in order to fully protect the car~r~unity aad City of lyli.n slow and
further insure propor develo~TMient of thu subject °;ra°erty ?ias t}ieru-
fare set out certain conciiticns fox the ~xrx,i 1200 zani,a? of t'le ,ub-
ject property which are attached to the land and aa•~e to b:r c~.rric;!
'`
out; no~,~~ t}ierefore,
1. Amco Investors , Inc;. wi11 dove7.an thti sub j cep: ni°o-
perty iii lccar~3~nce ~,it}i tote n1~;r~ned unit develo~;;:,;,~rrt s~^c4i c~:~ cif
the Town of +'iinslo?:''s zoning; ordinance ant', shall r-ieot tine str~nci,Y•~}s
of said ordinance.
~. Pr~c~r to th-" 'i°:t't,:__i ti.'.'."•.f' i•^.~%. '. `_'=a~.: Sir ~::,' :i:'v~ ... 1. 'i, v
rcrty acie~surite sewer ciis;~osal st,.11 }~_~ av~aila?~le. Sa~•rer c}eveln;,rr:~~l
may citatr bo ~et-~~~araca~t or be a te~rror~:ry fa:.ility ir'iich will ,a.'.~w'°
auatF~ly har~~dlc t:c se~~~r.c~~~ r~<:+'ds c tlie devela~:,~t~nt. f'itlec{urc:c sa°xvr.~e.
_.,.~+ ' 7 ', 3 S ;'i ^-1 i b t; C ~ ",' '. r R E' {.1 ~? y t Il ~ .^, i'l : ^ , ,: •.
f t~ c n.1 i t: ,.. _ ,
°~
~ -! ' °
a. }u'~2 is azccass s,:~ l he made ~.vaila~sla tc~ ~:;~^ c~;. ~, ~.-
ing' ,~a~~In~z:~ or r.n,r netia m~rinns c?€;~°r~oEad on the proT~erty by ~,~~~:~a
Tnvest:~rs, Inc ~A=.~°~co In~-estors, Inc. shall !~~~*e tha ri;ht to
reaca.ia!~Iy control said ;public acces y.
4. r'~nca In.'astors , Inc.. shall coopera~-e fully ~°it?z ~t`~e
City a£ ;tiinslaw in provi<?~Lng infer^zation in order far the City of
;linslc~~~~ to ca~~lete an Environ-~zental Inpact Statez~ent pursuant to
Lhe Invirc,~~z~~~zt:t1 ?'rotection :Act of the St~ete of ~'~~asl7innta .
5. `Chia A~rce~zent shall run with the land coverod hexe-
by and slzsll bo binding upon the successors and assis~ns of ?~mco
~r''
Investors, Inc. The covenants, a,~reements and conditions herein
contained shall extend and be obligatory upon and inure to the
benefit oz any corporation or association forme;l by Ar~zco Investors,
Inc. for the construction anci .e~cration of the develop,nent.
IN t9IT:eESS jiIIi;R1Cr, tho City of idinslow has caused these
presez~t~N to be SiUz~ed by its ".sayor a~:.i ~~^.zeo :.ve :.ors, Inc< ; has
caused the same to be executed by its President this ~,~?~ day of
I3y
~_
~~
~; ~I''z~~ ~ ~~~r ___
Approved as to Fora:
City .~l'tLarney
Att st:
~~ lty Gr ", C1 y ai .+'rlli ~ C:i
~,~'
~z-
_____ _.