HomeMy WebLinkAbout97-111Resolution No. 97-111
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND
APPROVING A REAL ESTATE EXCHANGE AGREEMENT AND A RELEASE AND
SETTLEMENT AGREEMENT REGARDING ROGER EVANS PROPERTY
The City Council of the City of Port Townsend, Washington, does resolve as follows:
WHEREAS, Roger Evans has filed an application for City approval of a Planned
Unit Development, Application No. 9507-02, (hereafter "the PUD") proposing a residential
development composed of 55 single family lots and 34 multiple family lots on the real property
legally described in the Real Estate Exchange Agreement (situated at the Sims Way and
Howard Street intersection, in the southwest portion of the City), which property is the subject
of this Resolution ("the property"); and
WHEREAS, the City's Building and Community Development Department ("BCD")
has identified certain environmental and other regulatory issues associated with the PUD
application which make fmal approval of the application uncertain. BCD believes that the
PUD application may be inconsistent with the City's applicable land use plan(s) (which
designate the property for mixed commercial and industrial use) and may be inconsistent with
the City's zoning code (which reflects the land use designation from land use plans). The City
has issued a Determination of Significance under the State Environmental Policy Act to
address these and other environmental issues; and
WHEREAS, while Evans disputes the applicability of certain plan and code
requirements pertaining to the PUD application, Evans wishes to explore options of an
alternative development proposal for the property which is in general conformance with City
land use plans and codes and stands a greater likelihood of receiving support by BCD, and
ultimately final approval by the City; and
WHEREAS, the purpose of the Release and Settlement Agreement is to SET ASIDE
and SUSPEND further development review action on the PUD application to provide Evans
with an opportunity to seek amendments to the City's land use plans, regulations and codes in
order to allow greater certainty that a land development application for the Property will be
consistent with City land use plans, policies, regulations and codes, thereby enhancing the
probability of successful project review and approval by the City. Additionally, the Release
and Settlement Agreement anticipates full resolution of all disputes between the City and Evans
upon completion of the annual 1998 GMA Comprehensive Plan amendment process; and
WHEREAS, Evans intends to seek a "Planned Action" amendment to the City's
Comprehensive Plan, as defined in RCW 43.21C.031(2)(a), and all necessary amendments to
the City's development regulations to implement the Plan amendment, seeking flexibility in the
City's planning and zoning applicable to the Property to allow a comprehensive planned
project design for the Property in accordance with the Comprehensive Plan; and
WItF_REAS, to accomplish the commercial use of the Sims Way portion of the
Property, and to enhance the City's forest corridor buffer adjacent to Sims Way, the Parties
have negotiated a Real Estate Exchange Agreement, which agreement is contingent upon
amendment of the City's Comprehensive Plan and development regulations; and
WHEREAS, by entering into this Agreement, the City has not promised any
particular outcome of the public process needed to amend City plans and codes. The plan and
code amendment process will be governed by Chapter 20.04 PTMC, including Planning
Commission review of the proposal, with final adoption by the City Council. Evans
understands that the City will not agree to successful review and approval of the plan and code
amendment application. A final decision will occur only upon conclusion of public hearings
before the Planning Commission and the City Council; and
WHEREAS, the GMA, as amended by the Regulatory Reform Act, encourages local
governments to work with project applicants to fulfill the goals of comprehensive plans in a
predictable fashion, thereby implementing the GMA through the review of planned project
actions carefully tailored to the characteristics of particular sites. The Council finds that the
Agreements subject to this Resolution constitute a creative and cooperative way of fulfilling
comprehensive plan goals and policies while lending predictability to land use applicants,
NOW, THEREFORE, BE IT RF~OLVED, by the City Council for the City of Port
Townsend that the Council approves the Evans Release and Settlement Agreement and the Real
Estate Exchange Agreement, and authorizes the Mayor to sign the Agreements in substantially
the form attached hereto.
ADOPTED by the City Council of the City of Port Townsend and signed by the Mayor
on this 20th day of October, 1997.
Ju~¢CUlloch, Mayor
Attest:
pam KolacY' Ci~ Clerk~ '
[96-040] { 10/15/97 } tlm/tes/evaarea~doe
Appro
Evans Resolution ,2- ResoL 97-111