HomeMy WebLinkAbout97-091RESOLUTION 97- ~!
A RESOLUTION APPROVING THE SECOND AMENDMENT
TO THE PROPERTY USE AND DEVELOPMENT AGREEMENT
FOR THE ROSEWIND PLANNED UNIT DEVELOPMENT
WHEREAS, the City and the Rosewind Cohousing Association (Rosewind), entered into a
certain Property Use and Development Agreement for the Rosewind Planned Unit Development
on May 12, 1994; and
WHEREAS, Norma Davidson, the owner of Lot 1 of Rosewind, has requested an amendment to
reduce the north yard setback of Lot 1 from 25 feet to 20 feet; and
WHEREAS, Ms. Lynn Nadeau, acting as an agent for the Rosewind Architectural Review
Committee and the Rosewind Homeowner's Association supports the proposed amendment; and
WHEREAS, a reduced north setback of 20 feet will still exceed the 10 foot front yard setback of
the underlying R-II zoning district; and
WHEREAS, the easterly setback of Lot 1 was reduced to 5 feet by the First Amendment to the
Rosewind PUDA, recorded December 13, 1996, Auditor's File Number 396879; and
WHEREAS, the Planning Commission has concluded that the change to a twenty (20) foot north
yard setback would not substantially change the development and City Council has accepted the
Planning Commission' s recommendation;
NOW THEREFORE, City Council hereby accepts and adopts the findings of fact, conclusions
and project conditions as recommended by the Planning Commiasion dated July 2, 1997, and
authorizes the Mayor to sign the Second Amendment to the Rosewind PUDA in substantially the
form attached hereto.
ADOPTED by the City Council of the City of Port Townsend in regular session assembled this
fourth day of August, 1997.
By:
Jul?~!~IcCullo ch, Mayor
ATTEST:
pa~nela Kolacy, City Cler ~
Tim~46Ma~han, City Attorney
CITY OF PORT TOWNSEND
BUILDING & COMMUNITY DEVELOPMENT
540 WATER STREET
PORT TOWNSEND, WA 9536g
SECOND AMENDMENT
PROPERTY USE AND DEVELOPMENTAGREEMENT
ROSEWIND
PLANNED UNIT DEVELOPMENT
THIS AMENDATORY AGKEEMENT is made and entered into by and between the City of Port
Townsend, a municipal corporation, hereinaRer referred to as '~2ity", and the Rosewind
Cohousing Associatio~ a non-profit mutual benefit corporation and its successors and assigns,
and Ms. Norma Davidson, hereinafter referred to as the "Applicant" or '5~roperty Owner", and
her successors and assigns.
GRANTOR: City of Port Townsend, Rosewind Co-Housing Association, and Norma Davidson
GRANTEE: City of Port Townsend, Kosewind Co-Housing Association, and Norma Davidson
WITNESSETH
WHEREAS, the Applicant owns certain real property situated in the City of Port Townsend,
Jefferson County, Washington, generally descn'bed as Tax Number: 991100001, Section 14,
Township 31 North, Range 1 West, W.M., and legally descffbed as Parcel 1 of Rosewind Planned
Unit Development, as per plat recorded in Volume 6 of plats, pages 234 and 235, records of
Jefferson County, Washington; and
WI~EREAS, the City and the Rosewind Co-Housing Association have entered into a certain
Property Use and Development Agreement (PUDA) dated May 12, 1994, and recorded in
Volume 505, pages 375-382, in the official records of the Jefferson County Auditor, under
Auditor file number 371870; and
WI~REAS, the Applicant, Ms. Norma Davidson, owns certain real property situated in the City
of Port Townsend, Jefferson County, Washington, more fully described in Exln'bit 1-A attached;
and
Wl~REAS, Ms. Davidson has requested an amendment to reduce the required northerly setback
on Lot 1 of the Kosewind PUD to 20 feet for the purpose of allowing construction of a single
family residence slightly closer to 35th Street; and
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WltEREAS, the Rosewind Co-Housing Association is in agreement with the proposed
amendment; and
WltEREAS, Condition ~4 and Exlffbit D "Setbacks" of the PUDA requires the following
setbacks for Lot 1:
North East West South
25ft. 10ft. 5-0t~.l Of[.
--.--........--.............--
~The westerly setback of frye feet may be eliminated upon mutual agreement and request
of adjacent property owners, and approval by the Rosewind Architectural Committee; and
WHEREAS, the easterly setback of Lot 1 was reduced to 5 feet by the First Amendment to the
Rosewind PUDA, recorded December 13, 1996, Auditor's File Nun~.~ er 396879; and
Wl~EREAS, the northerly setback of the adjacent lot to the west (Lot 2 of Rosewind) is 20 feet;
and
NOW TItEREFORE, IT IS AGREED to amend the original Agreement as follows:
Exl~bit D of Condition ~4, "Setbacks", of the Rosewind PUDA, in regards to Lot 1 only,
is hereby amended as follows:
North East West South
20ft. 5ft. 5- 0ft. Oft.
Except as modified and amended herein, the previous Property Use and Development
Agreement and amendments thereto shall remain in full force and effect.
This docnment shall be recorded with the Jefferson County Auditor and the conditions set
out herein shall mn with the Property and be binding on the Rosewind Co-Housing
Association, the property owner, and their heirs, successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement thi~
,1997.
day of
CITY OF PORT TOWNSEND
Julie~/~Culloch, Mayor President
OWNER OF LOT 1 OF ROSEWIND PI_IDA
ROSEWIND CO-HOUSING ASSOCIATION
Norma Davidson
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