HomeMy WebLinkAboutNo Wine Left LLCRETURN TO:
John P. Watts, City Attorney
City of Port Townsend
181 Quincy Street, #201
Port Townsend, WA 98368
Telephone: 385 -5991 Fax: 385 -4290
11111 lilt 111111111111111111 N1 11111111 496239
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Jaifarsan County, WA CITY OF PORT TOWNSEN EASE 38.00
NO REAL ESTATE
EXCISE T REQUIRED
JEFFERS N NTY T ASU ✓R
BY.
EASEMENT
(Access)
y�
Reference (related) number(s) of documents assigned or released:
GRANTOR: NO WINE LEFT LLC
GRANTEE: DENNIS MC GUIRE, TRUSTEE, PATRICIA J. MCGUIRE TRUSTEE,
DENNIS & PATRICIA J. MCGUIRE LIVING TRUST
Brief Legal Descriptions:
Easement affects portion of the following property ( "Burdened Property "):
The property located at 2231 Sims Way, Port Townsend, Washington, which is currently owned
by Grantor and legally described as:
Hastings 2nd Addition, Block 70, Lots 3 & 4 (less E 4.66' Each); Lots 5, 6, 7 and 8 (lying
southerly of State Highway) less Right -of -way. Situated in Jefferson County, WA.
Tax Parcel 957- 607 -006.
Easement benefits the following property ( "Benefited Property "):
The property located at 2219 Sims Way, Port Townsend, Washington, which is currently owned
by Grantee and legally described as:
That portion of Lots 1 and 2 and the east 4.66 feet of Lots 3 and 4 in Block 70
of L.B. Hastings Second Addition to Port Townsend, as per Plat recorded in
Volume 1 of Plats, page 29. Lying Southerly of the Southerly margin of State
Road No. 9, as conveyed to the State of Washington by Deed recorded in
Volume 1 of Road Waivers, page 408; Except the former right -of -way of the
Chicago, Milwaukee, St. Paul and Pacific Railroad Company, records of
Jefferson County, Washington.
Situate in the County of Jefferson, State of Washington.
Easement
Tax Parcel 957- 607 -006
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6,1�
PA
FOR AND IN CONSIDERATION OF Ten Dollars ($10.00) and other good and valuable consideration,
and in consideration of the City of Port Townsend's issuance of a building permit to Grantor under City
Building Permit BLD 04 -242 and Site Plan and Design Review Approval LUP 04 -080, and in
consideration of the Agreement between Grantor, Grantee, and the City of Port Townsend dated
March , 2005 and attached as Exhibit B hereto, NO WINE LEFT, LLC, a Washington limited
liability company ( "Grantor), hereby conveys and quit claims in perpetuity (subject to the terms hereof),
to DENNIS MC GUIRE, TRUSTEE, PATRICIA J. MCGUIRE TRUSTEE, DENNIS & PATRICIA
J. MCGUIRE LIVING TRUST ( "Grantee "), its successors and assigns, anon - exclusive easement
( "Easement ") over, across, under and through the following property, which is defined as the Easement
Area (which is a portion of the real property legally described above as the Burdened Property).
The Easement Area is generally depicted on the map attached as Exhibit A.
THIS EASEMENT IS SUBJECT TO THE FOLLOWING:
1. Burdened Property. The Grantor is fee title owner of the real property described above as the
Burdened Property.
2. Purpose and Use of Easement/ Benefited Property. This Easement is for the purpose of granting
the Grantee the easement right over, through, under and across the Easement Area in perpetuity
(subject to the Agreement referenced in paragraph 7, below, and attached as Exhibit B hereto) for
vehicular access from Sims Way to the Benefited Property, as shown on Exhibit A.
3. Grantor's Use of Easement. Grantor reserves the right to use the Easement Area for any purpose not
inconsistent with the rights herein granted to Grantee
4. Maintenance. Grantor shall, at its sole cost, keep the Easement Area, and improvements, in good and
safe order and repair.
5. Sign. Grantor shall allow a sign to be posted at the entrance to the McGuire Property, with initial
wording to read: "Access to Movies Plus Parking Only." The sign shall be non - illuminated and its
panel shall be no larger than two feet by two feet; the maximum height of the sign shall be five (5)
feet. Grantor shall pay for the initial cost of the sign and its installation. Grantee shall pay for all cost
of maintenance and repair, and any desired replacement of the sign (any desired replacement sign to be
subject to the prior approval of Grantor), and of changing the wording of the sign to name a current
occupant.
6. Binding on successor/ Easement Runs with the Land. This Agreement shall be binding upon the
Grantor and Grantee and their successors and assigns with respect to the Benefited and Burdened
Properties. Subject to the terms of the Agreement attached as Exhibit B hereto, this Easement shall
forever burden, run with, and touch and concern the Burdened Property.
7. Easement Subject to Agreement. This Easement is subject to the terms of an Agreement between
Grantor, Grantee, and the City of Port Townsend dated March 2005, a copy of which is
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Jefferson County, WA CITY OF PORT TOWNSEN EASE 38.00
Easement
forever burden, run with, and touch and concern the Burdened Property.
7. Easement Subject to Agreement. This Easement is subject to the terms of an Agreement between
Grantor, Grantee, and the City of Port Townsend dated March , 2005, a copy of which is
attached as Exhibit B hereto.
8. Modification of Easement. This Easement may only be modified or amended by mutual, written
agreement of both parties.
9. No Rights in Public. Nothing contained herein shall be construed as creating any rights in the general
public or as dedicating for public use any portion of the Burdened Property.
IN WITNESS WHEREOF, this Easement is executed on this ay of ,
2005.
GRANTOR:
No Wine Left, LLC,
A Washin on limited liability company
B
Y
Brent . Nicholson
Its tk f. 'v.,1n r,/,
GRANTEE:
�1 T
Dennis McGuire, as Trustee of the
Dennis & Patricia J. McGuire Living Trust
{
t
Patricia J. Mc
ire, as Trustee of the
Dennis & Patricia J. McGuire Living Trust
Easement
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
496239
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4
I CERTIFY that I know or have satisfactory evidence that Brent C. Nicholson is the person who
appeared before me, and acknowledged that he signed this instrument, on oath stated that he was authorized
to execute the instrument, and acknowledged it as the of No Wine Left, LLC,
a Washington limited liability company, to be the free and vol ry ct of such party for the uses and
purposes mentioned in the instrument.
DATED: M (-
°' <
STATE OF WASHINGTON )
ss.
COUNTY OF )
(Print Name)
NOTARY PUBLIC in and for the
Stat'eof Washington, residing at
.Y <—.�'_ .-,d e — i
My appointment expires [ 0
I CERTIFY that I know or have satisfactory evidence that Dennis McGuire is the person who
appeared before me, and acknowledged that he signed this instrument, on oath stated that he was authorized
to execute the instrument, and acknowledged it as Trustee of the Dennis & Patricia J. McGuire Living Trust,
to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
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Jefferson County, WA CITY OF PORT TOWNSEN EASE 38.00
Easement Page 5
STATE OF WASHINGTON )
ss.
COUNTY OF_ )
I CERTIFY that I know or have satisfactory evidence that Patricia J. McGuire is the person who
appeared before me, and acknowledged that she signed this instrument, on oath stated that she was authorized
to execute the instrument, and acknowledged it as Trustee of the Dennis & Patricia J. McGuire Living Trust,
to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
DATED: �5
Attachments: EXHIBIT A, Map
EXHIBIT B, Agreement
My appointment expires i 'O7
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s/ #skAy
T�
EASEMENT AREA
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/*"- 1 I I'-
WASHINGTON STREET
EXHIBIT A
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Jefferson County, WA CITY OF PORT TOWNSEN EASE 38.00
AGREEMENT
This Agreement for Access Easement is made this day of by and
between the City of Port Townsend ( "City "), No Wine Left, LLC, a Washington limited
liability company ( "No Wine Left"), and Dennis McGuire, Trustee, Patricia J. McGuire
Trustee, Dennis & Patricia J. McGuire Living Trust ( "McGuire ").
Recitals:
A. No Wine Left owns property (herein, the "No Wine Left Property ") which is located and
described as follows:
The property is located at 2231 Sims Way, Port Townsend, Washington, and is legally
described as
Hastings 2nd Addition, Block 70, Lots 3 & 4 (less E 4.66' Each); Lots 5, 6, 7 and
8 (lying southerly of State Highway) less Right -of -way.
Situated in the County of Jefferson, State of Washington.
Tax Parcel 957- 607 -006.
B. McGuire owns property adjacent and to the east of the No Wine Left Property. The McGuire
property (herein, the "McGuire Property ") is located and described as follows:
The property is located at 2219 Sims Way, Port Townsend, Washington and is legally
described as:
That portion of Lots 1 and 2 and the east 4.66 feet of Lots 3 and 4 in
Block 70 of L.B. Hastings Second Addition to Port Townsend, as per
Plat recorded in Volume 1 of Plats, page 29. Lying Southerly of the
Southerly margin of State Road No. 9, as conveyed to the State of
Washington by Deed recorded in Volume 1 of Road Waivers, page
408; Except the former right -of -way of the Chicago, Milwaukee, St.
Paul and Pacific Railroad Company, records of Jefferson County,
Washington.
Situated in the County of Jefferson, State of Washington.
Tax Parcel 957 -607 -006
EXHIBIT B
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Jefferson County, WA CITY OF PORT TOWNSEN EASE 38.00
C. No Wine Left applied for a building permit for the No Wine Left Property under City
Building Permit BLD 04 -242 and Site Plan and Design Review Approval LUP 04 -080. The City
approved access to and from Sims Way for the No Wine Left Property pursuant to Director's
Findings Conclusions and Decision dated January 31, 2005, attached as Exhibit 1 (and referred
to as the "Director's Decision "). Among other things, the access was approved on condition that
the access would serve as joint access from Sims Way to the No Wine Left Property and the
McGuire Property. The approved access, subject to the terms in the Director's Decision, is
shown on Exhibit 2 (and referred to herein as the "approved access "). (
D. The parties intend this Agreement to set forth their understandings concerning access to and
from Sims Way-for their properties, and to satisfy and implement the Sims Way access
conditions in the Director's Decision and the issuance of City Building Permit BLD 04 -242 and
Site Plan and Design Review Approval LUP 04 -080.
E. These recitals are material terms of this Agreement.
Now therefore, and in consideration of their mutual promises, and for good and valuable
consideration, the receipt of which is acknowledged, the parties agree as follows:
1. The "approved access" shown on Exhibit 2 is approved by the parties as the joint access
for No Wine Left Property and McGuire Property from Sims Way, and to Sims Way for
the No Wine Left Property, between Decatur and Kearney Streets, pursuant to the
Director's Decision and the issuance of City Building Permit BLD 04 -242 and Site Plan
and Design Review Approval LUP 04 -080, and subject to the terms of this Agreement.
2. No Wine Left grants McGuire an easement in the form attached as Exhibit 3 allowing
access from the "approved access" shown in Exhibit 2 over the No Wine Left Property to
serve the McGuire Property.
3. A condition of the Director's Decision provided that the "approved access" could be
closed in the event of accidents, safety concerns, traffic backups or congestion, and the
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Jefferson County, WA CITY OF PORT TOWNSEN EASE 38.00
parties acknowledge the City has the right to close off traffic or not allow access to
highways or streets whether this is warranted by consideration of safety or traffic flow, so
long as no property is left without reasonable access. The City agrees that in the event it
undertakes a review whether to close off access to and/or from Sims Way, prior to
making any final decision, it will (1) advise the current owners of the No Wine Left
Property and the McGuire Property (at the address shown on the tax rolls of the county
treasurer) of any intention to close or modify the "approved access," (2) carefully
consider any information including engineering information offered by the respective
owners of the No Wine Left Property and the McGuire Property before making a final
decision to close any access, and (3) give careful consideration before closing all access,
to first only closing the right -out egress shown on the "approved access ", and leaving
either a single right -in off Sims to serve both properties or allowing one right -in off Sims
for each property, and (4) base a decision based on sound engineering principles. The
final decision with respect to access to and from the No Wine Left Property and the
McGuire Property for Sims Way is within the City authority to make, and the City is not
giving up any authority by this Agreement to make decisions it determines are
appropriate based on the public safety and welfare. 0- A�
4. The City does not envision that future conditions would warrant the closing off of all
access from Sims Way to the McGuire Property, either by way of the "approved access"
or a separately granted right in access of Sims Way to the McGuire Property, while
leaving open an access off Sims way to the No Wine Left Property, and the City agrees
that it will carefully consider all alternatives short of allowing such a result to happen.
McGuire acknowledges the City, based on traffic and safety consideration, has the right
to close off access to Kearney Street from the parking area between the front of the
building on the McGuire Property and Sims Way. The City agrees that in the event it
undertakes a review whether to close off access to Kearney Street, prior to making any
final decision, it will (1) advise the current owner of the McGuire Property (at the address
shown on the tax rolls of the county treasurer) of any intention to close or modify access
to Kearney Street (2) consider any information including engineering information offered
by the owner of the McGuire Property before making a final decision to close any access,
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Jefferson County, WA CITY OF PORT TOWNSEN EASE 38.00
and (3) base a decision based on sound engineering principles. The final decision with
respect to access from the McGuire Property to Kearney is within the City's authority to
make, and the City is not giving up any authority by this Agreement to make decisions it
determines are appropriate based on the public safety and welfare. In the event Kearney
access is closed, then McGuire has the right to use the easement provided in paragraph 2
for access to Sims Way, provided the City approves use of the parking area on the
McGuire Property to allow this.
5. In the event the City closes all access to and from Sims Way between Decatur and
Kearney Streets for the No Wine Left Property and the McGuire Property, then the
easement referred to in paragraph 2 above shall terminate, and the parties (or their
successors) shall execute necessary documents to terminate the easement and release it of
record. In this case, either party may take steps to close off the access from the No Wine
Left Property to the McGuire Property, subject to the requirement to obtain necessary
permits and approvals from the City based on development and land use regulations in
effect at the time any construction is undertaken.
6. This Agreement is binding on the parties' heirs, successors, assigns or transferees as to
the No Wine Left and McGuire Properties, and constitutes a covenant touching and
running with the land described in this Agreement.
7. This Agreement constitutes the entire understanding of the parties on the subject of this
Agreement, and there are no other understandings or agreements between the parties on
the subject of this Agreement that are not set forth in this Agreement. This Agreement
may not be modified except by a writing signed by all parties.
t
l./ A
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Jefferson County, WA CITY OF PORT TOWNSEN EASE 38.00
IN WITNESS WHEREOF, the parties have executed this Agreement effective the date first
above written.
CITY OF PORT TOWNSEND
a h%uni C►ual cocoora.-{ io,n
By
Its C' m y"' bCs dr
Dennis McGuire, as Trustee of the
Dennis & Patricia J. McGuire Living Trust
STATE OF WASHINGTON )
ss.
COUNTY OF )
NO WINE LEFT, LLC
a Washington limited liability company
By
Its
Patricia J. McUuire, as Trustee of the
Dennis & Patricia J. McGuire Living
Trust
I CERTIFY that I know or have satisfactory evidence that 1fip J iM MDA7S is the person
who appeared before me, and acknowledged that>rhe signed this instrument on oath stated thatxhe was
authorized to execute the instrument, and ackpowledged it as the C rry Au A ( of The City
of Port Townsend, a l r , to be the free and voluntary act of such party for the �t1utrp"
and purposes mentioned in the instrument. ` ♦��tiR'� a J.
DATED: AX, A005 QOM ,a0Tg9 }.l� l
'DEC. 'Z =
sa: A ►207:
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F• O ��
s �'�.,� WASH���� ♦♦
(Print Name)
APPROVED AS TO FORM
/'02 c�tyc%P��r
T,b�.+NJcs -vJ
OFFICE OF CITY ATTORNEY
NOTARY PUBLIC in and for the
State of Washington, residing at
s M Eo1)f w
My appointment expires 1 2. 22 - 07
496239
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Jefferson County, WA CITY OF PORT TOWNSEN EASE 38.00
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I CERTIFY that I know or have satisfactory evidence that Brent C. Nicholson is the person who
appeared before me, and acknowledged that he signed this instrument, on oath stated that he was authorized
to execute the instrument, and acknowledged it as the e of No Wine Left, LLC,
a Washington limited liability company, to be the free and volunt y of such party for the uses and
purposes mentioned in the instrument.
DATED: f 1 1(:�CL 1 -1 , a Ce'5
ON
s
STATE OF WASHINGTON
i
(Pri nt Name)
NOTARY PUBLIC in and for the
State of Washington, residing at
.7
S
My appointment expires 1
� ss.
COUNTYOFdjj
I CERTIFY that I know or have satisfactory evidence that Dennis McGuire is the person who
appeared before me, and acknowledged that he signed this instrument, on oath stated that he was authorized
to execute the instrument, and acknowledged it as Trustee of the Dennis & Patricia J. McGuire Living Trust,
to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
/
INS
0%111ffr//ii1��
\OTARy
DEC. 22,2007: z
��• ,oU B
0'
STATE OF WASHINGTON
ss.
COUNTY OF )
(Print Name)
NOTARY PUBLIC in and for the
State of Washington, residing at
66-00,Ak Lcj A
My appointment expires 1 X -off •-D
TF-
CERTIFY that I know or have satisfactory evidence that Patricia J. McGuire is the person who
appeared before me, and acknowledged that she signed this instrument, on oath stated that she was authorized
496239
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Jefferson County, WA CITY OF PORT TOWNSEN EASE 35.00
to execute the instrument, and acknowledged it as Trustee of the Dennis & Patricia J. McGuire Living Trust,
to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
♦ ♦� Ql'CA�. US'S'�i'i cC,
�•: N�rAq/.' ; y? (Print Name)
Cn SEC. 22, 2007.- Z NOTARY PUBLIC in and for the
State of Washington, residing at
Z, LU A
My appointment expires
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Jefferson County, WA CITY OF PORT TOWNSEN EASE 38.00
City of Port Townsend
Development Services Department
Waterman & Katz Building
181. Quincy Street, Suite 301, Port Townsend, WA 98368
(360) 385 -0644 FAX (360) 385 -7675
i z
Commercial Architectural and Site Desiv-n Reviev
r and
Street Development Permit Considerations
'Director's Findings Conclusions and Decision
•J
OF poRT rah
V O
Applicant: Nicholson Investment Properties (Port Townsena Retail Center) LUP04 -080
Date: January_31, 2005
PROPOSAL DESCRIPTION
The project involves substantial renovation of a commercial building formerly used for Port
Townsend Lumber Company. After renovation, the building will be used for up to nine retail
spaces. The proposal includes removal of the front twenty feet-of the building (building will be
reduced in size from 14,720 sf to approximately 11; 520 sf), enlargement of the parking lot, and
installation of pedestrian and bicycle amenities and street frontage improvements.
After respectful consideration of the above -referenced application, the Director of the
Development Services Department makes the follow Findings, Conclusions, and Decision.
• Project Location and Legal Description: The property is located at 2231 Sims Way and is
legally described as HASTINup 2ND ADDMON 1 BLK 70 3 & 4(LS E4.66B?.M 15,6,7,8(LY1NG SZ Y 1
OF ST HWY) LESS R/W 1 The Tax parcel number is 957- 607 -006. The property is.approximately
24;000 square feet.
Findings
'1. The site is zoned General Commercial (C -D) and lies on the south side of Sims Way near
the intersections of Kearney Street and Sims Way. The existing 14,000+ square foot
building will be substantially renovated and reduced in size to approximately 11,520 sf to
allow more parking. It will be used for up to. nine retail spaces.
2. Street and Utility Development Permit issues
a. The City will permit the right -in, right -out only access onto Sims Way proposed
by the developer, which is an improvement over the previous uncontrolled access, with
conditions relating to sidewalks, access to neighboring property, and agreement that
neighboring property owner may use PT Retail parking in order to avoid traffic conflicts
at the entrance. Additionally, the City retains the right to close the entrance in future
should evidence of chronic unsafe turn movements and/or accidents warrant. Conditions
related to the Sims Way access are specified on pages 5 and 6.
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PT Retail Center
DSD Director's Findings, Conclusions and Decision
L Commercial Design Review and 2.Street Development Permit issues
Page 2
b. David Peterson, City Engineer, issued a memo on July 27, 2004 in response to
the applicant's original plans. That memo detailed requirements for several issues as
follows:
i. The concrete sidewalk should be installed continuously through any
entrance to the site and should be raised per the standard City driveway
entrance detail. Revised plan is acceptable.
ii. Angle parking on Decatur. Street is acceptable as shown but is subject to
City council approval. Parking dimensions need to be for 60 degrees for
full size cars per City code dimensions. Revised plan is acceptable. The
City will pursue City Council approval.
iii. Angle parking does not fit along Washington Street and is not acceptable.
The section along Washington Street should show parallel parking with a
6 -foot sidewalk at the curb and landscaping between the sidewalk and the
building. Curb line at the ends should match the curb line down the street
with the parallel parking inset 8 -feet from that curb line. Revised plan is
acceptable.
iv. A separate pedestrian ramp for each direction should be provided at the
Decatur/Washington Streets intersection. Revised plan is acceptable.
V. The stormwater conceptual plan is generally acceptable except that it is
preferred not to mix the building downspouts with parking lot runoff prior
to treatment. Revised plan is acceptable. .
b. Minor redlines are shown on the approved plans that will be issued with the
Street Development Permit.
3. Fire Department issues — Please refer to memo from Tom Aumock, Assistant Fire Chief,
dated September 21, 2004, for'-fire-related requirements (copy attached as Exhibit A).
The memo notes that existing fire protection is adequate for the construction proposed. If
an additional hydrant were to be needed, a water line must be extended downDecatur
with the hydrant placed near the entrance. .
4. Commercial Design Review Issues• Pursuant to PTMC 17.46 all new development and
substantial renovations of existing buildings within the C -II zone that exceed certain
thresholds must comply with the Commercial Architectural and Site Design Standards.
This project qualifies as a substantial'renovation. It was assigned to be processed as a
Track 2 permit, which requires review by the Commercial Design Review Committee
(DRC).
S. The applicant had a pre - application with a DRC subcommittee and a second meeting with
the full committee on August 5,2004. Because the applicant had time constraints,
preliminary comments were documented in a letter dated the same day to John Bund of
Magellan Architects. That letter is incorporated here as part of these findings, .
conclusions and final decision (Exhibit A). Plans submitted in response to the content of
�fo
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PT Retail Center
DSD Director's Findings, .Conclusions and Decision
1. Commercial Design Review and 2.Street Development Permit issues
Page 3
that letter have substantially incorporated the committee's recommendations and code
requirements.
6. For the proposed development the following table present specific C -H Design Standards
with a related Administrator's Conclusion:
C-H Standard
Administrator's Conclusion
Maximum buildine setback from primary-street
Existing building orientation is fixed. Like existing building,
onto a Commercial buildings shall be oriented
addition is oriented towards Sims Way.
towards the primary street frontage and public paths
and/or sidewalks. Commercial buildings on corner lots
should be oriented towards the primary intersection.
Topography Existing trees, topography and other
existing natural features shall be incorporated into the.
Site is flat; minimal change to topography.
project design
Gate—way-Forest Corridor `
Not applicable
Not applicable
Landscaping Landscapingshall be incorporated into
There is no significant existing vegetation on site. A preliminary
new development design to soften the manmade
landscaping plan with street and site trees, shrubs and ground
environment, provide vegetative buffers, open space and
cover has been submitted. The preliminaryplan includes a
mitigate any unavoidable loss of exi
sting native
pedestrian plaza with path and bench on the northeast
vegetation. The preferred method of landscaping is to
comer. Following comments are based on review of the
rn
preliminary plan Based on the lot size, 13 tree units are required
first incorporate and preserve existing trees and shrubs,
on site.. Additional tree units are required to meet that
topography and other existing natural features into the
requirement Parking areas must be screened from the street with
project design. Any unavoidable loss of existing native
at least 4 foot high landscaping and otherwise he consistent with
vegetation shall be mitigated.
the provisions of PTMC 17.72. The plant mix should include
more evergreens and more native species. Final landscaping plan
must be approved prior to installation. Landscaping must be
complete prior to occupancy.
Off- Street ParkinzLo Development shall minimize
Existing building and parking area precludes major revisions to
the impact ofparking on the buildings) relationship to
building and parking relationship to the street frontages. Parking
the street and pedestrian- oriented character and
areas must be screened with vegetation. Parking is not excessive
character of the neighborhood.
for use. If parking lot lighting is proposed, it must be shown on
final lighting play
On- StreefParkine On- street parking is encouraged
Parallel parking will be installed on Washington Street; angle
along the streets, access drives, and alleys in
parking will-be installed on Decatur Street with City Council
commercial areas in order to provide convenient access
approval. Each space counts for two required onsite spaces.
and reduce the need for off-street parking lots.
Pedestrian and bicycle - friendly commercial
Sidewalks will connect the new onstreet parking to the building
development: A. Provide safe bicycle and pedestrian -
The offstreet parking lot shows an acceptable pedestrian
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PT Retail Center
DSD Director's Findings, Conclusions and Decision
L Commercial Design Review and 2.Street Development Permit issues
Page 4
friendly development. B. Provide safe walkways for crosswalk through the middle of the parking lot, and acceptable
pedestrians through off-street parking lots and from pedestrian crossing at the driveway entrance. U shaped bicycle
adjacent streets and properties. racks will be installed to the right and left of the front of the
building as shown on the site plan. Although the ideal location for
bicycle racks is close to each entrance, the proposed locations are
acceptable.
WIWI
C -n Standard
Administrator's Conclusion
Commercial development adiacent to residential
The property is not adjacent to a residential neighborhood.
zones. Buildings shall be designed to ensure. that
builduig mdssin� height, and scale provides' ensitfve
transition to adjoining residential neighborhoods
Building Design. Materials and Colors. New
Applicant's revised building plans are acceptable in terms of
development should recognize the city's architectural
design, materials and colors. Building does not replicate existing
heritage through the use of building materials, building
buildings, but builds -on and improves pre - existing wood frame
Proportions, forms and details, and other architectural
structure and materials. Applicant has used changes in roof
devices compatible with those design principles
height, awnings, door and window openings, and pilasters to
inherent in historic architecture, without replicating
provide building articulation and appropriate neighborhood scale
historical buildings.
on the new primary frontage on Sims Way, and is also improving
bulk and scale of building frontages on Decatur and Washington
Streets. Materials include lap siding, brick, stained wood and
metal. Colors are earth tones, with samples approved byDRC.
Vehicle Can ies. Fr tandin or ttached vehicle
a7Te coc eres assczaed wztn gas
Not applicable
s atz ns, con nzence s ores
Building Entrances: The primary entrances of building
Newpublic entrances are easily identifiable through use of
shall be identified and highlighted through architectural
awnings; windows and architectural details. Applicant has added
details, lighting and signage. The design of buildings
service doors on the Washington Street frontage as requested for
shall enhance the relationship between.buildings and
utility and to help with building presence on the back frontage.' `
streets by creating easily identifiable building
entrances.
Ifeather Protection. Buildings should provide
Weather protection for pedestrians is provided by a 4 to 6 foot
protection forpedestrians from adverse weather
canopy that extends the entire front and rear of the building.
conditions.
Transparency. Buildings shall provide generous
The proposed plans show generous transparency on the Sims Way
amounts of windows to create groand floors with a
'Yransparent"
frontage. The applicant agreed to add windows to the existing
quality in order to provide visual
Decatur Street and Washington Street elevations to add
interest..
transparency to those frontages. Transparency is acceptable.
Parking lot lighting must incorporate fully cutof i fully shielded "
Lighting
fixtures. Fixture details must be provided for all exterior lights
(location, type, wattage, light output, height of standards and wall
mounted fixtures, and glare reduction/control devises, proposed
hours of lighting, proposed timing devises, statement of expected
light
impacts to neighboring properties) (see PTMC 17.44.180 and
17.46.040.3)a
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J�if�r :on County, WA CITY OF PORT TOWNSEN EASE 38.00
PT Retail Center
DSD Director's Findings, Conclusions and Decision
1. Commercial Design Review and 2.Street Development Permit issues
Page 5
Support Elements Mechanical elements, loading Dumpster area will be at the rear of building on Washington
areas, trash, and recycling containers shall be located Street. -The proposed enclosure will match the siding materials on
an 41— screened to minimize their visibility from public the building. This is acceptable.
view.
CONDITIONS
Based on the foregoing Findings and Conclusions the application for'C- IIDesign Review is
hereby APPROVED subject to compliance with the following conditions:
Commercial Desi RWitted's "7-
1. As noted in Findin pplicant submitted revised plans that incorporated the
Design Review C recommenda tions. The revised plans will be approved
through building permit BLD04 -242.
2. Final landscaping and exterior lighting plans must be submitted and approved prior to
installation of said items. -
3. A sign permit is required for any sign >2 square feet. Please contact Jean Walat 360 -385- '
0644 for information.
Street Development/Infrastructure .
The City will permit the right -in, right- out,only access onto Sims Way proposed by the
developer, which is an improvement over the previous uncontrolled access, with the
following conditions:'
4. The developer acknowledges.that the City of Port Townsend may cause the access to be
closed in the event of accidents, safety concerns or traffic backups or congestion
that are shown to be the result of vehicles entering and existing from this access
location. A Notice to Title documenting this condition shall be prepared by the "
-City, signed by the applicants, and recorded with the Jefferson County Auditor's
office.
5. As this access location will serve as a joint access for two adjacent parcels under separate
ownership, Port Townsend Retail shall preserve in perpetuity the access through their
parking lot to the adjacent building to the east.
6. As proposed by the developer, the sidewalk shall be extended to the Kearney Street
intersection and ADA ramps to the east and north provided. Some adjustments to the -
sidewalk alignment and entrance to the adjacent property will be provided in comments
on the civil plans. A final revised plan reflecting these changes must be provided. A
building permit for the project maybe issued prior to submission of the final revised civil
plans.
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Jefferson County, WA CITY OF PORT TOWNSEN EASE 38.00
PT Retail Center
DSD Director's Findings, Conclusions and Decision
1. Commercial Design Review and 2.Street Development Permit issues
Page 6
7. The developer is responsible for installation of all appropriate traffic control signage to
include right turn only and no left onto Kearney Street.
8. All infrastructure improvements must be installed as detailed on civil drawings approved
through Street Development Permit SDP04 -054.
2
X f _
avid Wright, In Director Date
Development Re iew Department
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Jefferson County, WA CITY OF PORT TOWNSEN EASE 38.00
sks0
Y
/- I
44
EASEMENT AREA
WASHINGTON STREET
EXHIBIT 2