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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 qT. ql 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 qT-qf