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HomeMy WebLinkAbout97-090RESOLUTION 97- ~ ~) A RESOLUTION APPROVING THE FIRST AMENDMENT TO THE PROPERTY USE AND DEVELOPMENT AGREEMENT FOR LYNNESFIELD PLANNED UNIT DEVELOPMENT WHEREAS, the City and Lloyd Campbell, President of Campbell Construction, the owner of the property, entered into a certain Property Use and Development Agreement for the Lyunesfield Planned Unit Development on May 21, 1996; and WHEREAS, Lloyd Campbell has requested an amendment to reduce the required rear yard setback on all lots ~om the ten feet required by the zoning ordinance to five feet; and WHEREAS, all lots within the Lynnesfield development have rear yards that abut open space, and no residential lots abut each other on the rear lot line; and WHEREAS, the Planning Commission has concluded that the change to a five foot rear 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 Commission dated June 26, 1997. ADOPTED by the City Council of the City of Port Townsend in regular session assembled this fourth day of August, 1997. Julie~cJEulloch, Mayor ATTEST: Pamela Kolacy, City C Approved as to form: City of Port Townsend Building & Community Development 540 Water Street Port Townsend, WA 98368 PROPERTY USE AND DEVELOPMENT AGREEMENT LYNNESFIELD PLANNED UNIT DEVELOPMENT THIS AMENDATORY AGREEMENT is made and entered into by and between the City of Port Townsend, a municipal corporation, hereinat%er referred to as "City", and Lloyd (Joe) Campbell, President, Campbell Construction, hereinafter referred to as "Developer." GRANTOR: City of Port Townsend and Lloyd Campbell, President, Campbell Construction GRANTEE: City of Port Townsend and Lloyd Campbell, President, Campbell Construction W1TNESSETH WI=IEREAS, the Developer owns certain real property situated in the City of Port Townsend, Jefferson County, Washington, generally described as Tax Number: 101344006 Tax 25 & 101344010 Tax 27, South East 1/4 of Section 34, Township 31 North, Range 1 West, W.M., of the City of Port Townsend, Jefferson County, Washington and legally described as the Lymasfield Planned Unit Development (Phases A, B, C, & Future Phases), filed Volume 7, Pages 54-62, records of the Jefferson County Auditor (see also full legal description contained in Exhibit "PUDA-1" attached); and WHEREAS, the City and the Developer have entered into a certain Property Use and Development Agreement dated May 21, 1996, and fried under Volume 551, Pages 841-918, records of the Jefferson County Auditor; and W}tEREAS, Lloyd Campbell, President of Campbell Construction, the owner of the property, has requested an amendment to reduce the required rear yard setback on all lots t5om the ten feet required by the zoning ordinance to five feet; and WI-IEREAS, all lots within the Lymaesfield development have rear yards that abut open space, and no residential lots abut each other on the rear lot line; and qT.qO WI-IEREAS, the Planning Commi.~sion has concluded that the change to a five foot rear setback would not substantially change the development and City Council has accepted the Planning Commission's recommendation; NOW TI-IEREFORE, IT IS AGREED to amend the original Planned Unit Development Agreement as follows: five feet." Add a new condition 53(A), 'Whe minimum rear yard setback for all single family lots shall be IN WITNESS WltEREOF, the parties hereto have executed this Agreement this . ,1997. day of City of Port Townsend Campbell Construction Company ch, Mayor Lloyd (Joe) Campbell, President