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HomeMy WebLinkAbout2227 Rezoning Government Lot #2 and Amending the Official Zoning MapORDINANCE NO. ~Zg? AN ORDINANCE REZONING GOVERNMENT LOT #2 IN SECTION 9, TO~SHIP 30 NORTH, RANGE 1 WEST, W.M., IN THE CITY OF PORT TOI~SEND FROM R-IA AND C-II TO M-I; AMENDING THE ZONING MAP OF THE CITY OF PORT TO~SEND; ESTABLISttlNG CONDITIONS TO THE REZONE; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, due hearings have been held and appropriate Findings of Fact and Conclusions made as provided for by Ordinance No. 1625, as amended, by the City of Port Townsend Planning Commission and by the City Council of the City of Port Townsend acting as the Board of Adjustment for the City, and I~EREAS, the City Council for the City of Port Townsend acting as Board of Adjustment has approved of the rezoning of the property described below pursuant to its Findings of Fact and Conclusions, and subject to the terms of a Rezone Contract with Restrictive Cov- enants which has been duly executed by the parties, now, therefore, THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, IN REGULAR SESSION ASSEMBLED, DO ORDAIN AS FOLLOWS: Section I. The official Zoning Map of the City of Port Town- send is here and hereby amended to changefromR-IA'and C-II to M-I zoning those lands in Port Townsend described as follows: Government Lot #2, Section 9, Township 30 North, Range 1 West, W.M.; situate in the City of Port Townsend, Jefferson County, Washington. Section 2. The change in zoning provided for herein shall be and the same is subject to the terms and conditions of that certain Rezone Contract attached hereto as Exhibit A and incorporated herein by this reference as if set forth in full, bv al~Ibetween th Citv · of Port Townsend and Port Townsend Busines~ Pa an~/or su~% ot~er owners or parties of record to bind ~e l~d~hich contract shall be substantially as set forth in the the attached form thereof. Section'3. This Ordinance shall take effect after execution and recording of the Rezone Contract described in Section 2 of this Ordinance, and upon the passage, approval and publication of this ORDINANCE Ordinance in the form and manner provided by law, whichever date is later. Read for the first, second and third times, passed by the City Council for the City of Port Townsend, and approved and signed by the Mayor of the City this 19th day of February , 199'~.. Attest: David A. Grove, City Clerk Approached as t~ ~form: ~~ ~~Y Mayo~ Brent Shirley Passed by the City Council: Signed by the Mayor: Published: , 199 Effective date: , 199 , 199 , 199 ORDINANCE - 2 - CONTP-ACT IN CONNECTION WITH REZONE OF REAL ESTATE IN THE CITY OF PORT TO~SEND This Agreement is made by and between the City of Port Townsend, a municipal corporation and city of the third class under the laws of Washington State (hereinafter "City"); and , whose address is and who are the present owners of the real property described below (hereinafter "Owners"), pertaining to the following described property: Government Lot 2, Section 9, Township 30 North, Range 1 West, ~, situate in the City of Port Townsend, Jeffer- son County, Washington. RECITALS A. The Owners own the above-described property, and under Re- zone Application 9009-02 , applied to the City of Port Townsend for a rezone of the property under the ordinances of the City from C-II &RIA to M-I designation. B. The application was duly considered by the City of Port Townsend Planning Commission, which held public hearings and made Findings of Fact and Conclusions, and was duly considered after Notice by the City Council for the City of Port To~send acting as Board of Adjustment, which held a public hearing and made Findings of Fact and Conclusions and a Decision to grant the rezone request subject to certain conditions. C. Based upon the Findings of Fact and Conclusions of the Board of Adjustment, the parties have agreed to enter into this Con- tract in connection with the granting of the rezone request, and the Findings of Fact and Conclusions of the Board of Adjustment/City Council dated February 5 , 199 1, are here and hereby incor- porated herein by this reference as i~-set forth in full. D. The parties desire to enter into this Agreement pursuant to the Findings of Fact and Conclusions of the City Council/Board of Adjustment, to provide for the covenants and conditions set forth below in connection with said rezone. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth below, the parties agree as follows: CONTP~ACT IN CONNECTION I~TITH REZONE - 1 - 1. The City Council for the City of Port Townsend acting as Board of Adjustment has approved the above-referenced rezone on condition that the Owners comply with the Findings of Fact and Con- clusions of the City Council/Board of Adjustment and on further con- dition that they execute this Agreement. 2. The Owners, in pursuance of the City having granted said rezone, and prior to the rezone becoming effective, shall exe- cute this Agreement and shall comply with the conditions as set forth in the Findings of Fact, Conclusions and conditions attached hereto as Exhibit A, which are b~ this reference incorporated herein in their entirety as if set forth in full. .~ 3. The parties agree that the above restrictions and con- ditions affect and restrict all of the above-described land and thatthat the restrictions and conditions are and shall be construed as covenants running with the land binding upon the Owners and all subsequent Owners of the land or any interest in or part thereof and of persons dealing therewith and inuring to the benefit of such Owners and persons, the public generally and the City of Port Town- send, Jefferson County, Washington, a municipal corporation, it being the intent of the Owners that the restrictions herein shall bind and restrict the land, the O~ers, its grantees, successors and assigns, and their grantees, heirs, executors, personal repre- sentatives, successors and assigns of any nature and description. 4. The parties agree that this Contract shall be recorded with the Jefferson County Auditor, Washington, upon its execution and prior to the publication and effectiveness of City of Port Town- send Ordinance No. , and that all contracts and deeds or other instruments of conveyance relating to said land or any part thereof shall likewise contain reference to these covenants, condi- tions and restrictions applying thereto. 5. The parties agree that all persons dealing with said land and entitled by law to enforce and compel compliance herewith, including but not limited to the City of Port Townsend, shall have a full and adequate remedy both in law and equity to enforce and compel compliance herewith and to benefit and take advantage hereof and in any such proceeding to have and recover from any then Owner or Owners all costs and expenses of such proceedings, including reasonable attorney's fees to be set by Court and, if appropriate, revert the zoning back to C-II and R-IA as it oreviously existed. 6. The parties agree that this Contract does not amend or modify, nor is it intended to amend or modify any other require- ments of the respective ordinances of the City of Port Townsend or any other law or regulation dealing with the use of land or con- struction of improvements upon lands, but rather as additional cov- enants and agreements for the purposes herein set forth. CONTP~ACT IN CONNECTION WITH REZONE - 2 - 7. The Owners by this Contract do specifically estop them- selves and all of their successors and all persons presently or hereafter owning or dealing with the land or any interest in or part thereof, from asserting or contending in any manner or fashion that these covenants are not full and adequate covenants running with the land as herein described and binding'~thereof for all times hereafter until expressly modified or amended, if at all, with the written consent of the City of Port Townsend. 8. Invalidation of any one of these covenants by judgment or Court Order shall in no case affect any of the other covenants which shall remain in full force and effect. 9. The Owners signing below warrant that they are the sole owners in fee of the real property and are authorized to make these covenants and so bind the land. The City, at its discretion, prior to recording of this Agreement and the effectiveness thereof, may require the Owners to provide a Certificate of Title or other title report acceptable to the City, showing the condition of title to the property to assure that all persons or entities reouired to sign this Contract to so bind the land have done so, and this Agreement shall not be effective until such time as it is duly executed by all parties necessary to so bind the land. Owners shall pay the cost thereof. 10. This Contract is governed by the laws of the State of Washington, and venue for any action hereunder shall be in Jefferson County, Washington. DATED this CITY OF PORT TOIfNSEND day of , 199 1. By: Mayor Owner Attest: City Clerk Owner STATE OF WASHINGTON ) ) SS. COUNTY OF JEFFERSON ) CONTRACT IN CONNECTION WITH REZONE - 3 - On this day personally appeared before me to me known or having satisfactory evidence to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this , 199 day of NOTARY PUBLIC in and for the State of Washington, residing at My Commission expires STATE OF WASHINGTON ) ) SS. COUNTY OF JEFFERSON ) I certify that I know or have satisfactory evidence that and signed this in- strument, on oath stated that they were authorized to execute the instrument and acknowledged it as the Mayor and City Clerk, respec- tively, of the City of Port Townsend, as the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated this day of , 199__. NOTARY PUBLIC in and for the State of Washington, residing at My Commission expires CONTP~CT IN CONNECTION WITH REZONE - 4 - ~%~ xhibit A to Contract FINDINGS OF FACT, CONCLUSIONS AND DECISION OF THE PORT TOWNSEND CITY COUNCIL, ACTING AS BOARD OF ADJUSTMENT Date: February 4, 1991 Reference: Rezone Application 9009-02, Port Townsend Business Park The Port Townsend City Council, acting as Board of Adjustment our- suant to the Zoning Ordinance of the City, Title 17, Port Tovmsend Municipal Code, held a public hearing on the above-referenced ap- plication on January 2, 1991, and on February 5, 1991, and consid- ered the Findings of Fact and Conclusions of the Planning Commis- sion; public testimony and comment; reports of the City Planning staff; and all documents and correspondence submitted to the City up through February 5, 1991. After respectful consideration of the Application and after timely notification and hearing, the Port Townsend City Council, acting as Board of Adjustment, hereby makes the following Findings of Fact, Conclusions and Decision: FINDINGS OF FACT 1. The applicants propose a rezone of Government Lot #2, from R-IA and C-II to M-I. The site is currently vacant. The applicants propose to construct a business park to provide space for light man- ufacturing and distribution establishments. 2. Adjacent properties to the West, North and East of the sub- ject property are zone R-IA. Properties to the South are zone C-II. There are two homes, one on each block, to the West, with the rest of the blocks undeveloped. North on Howard Street, from the North- west corner of the subject property, there are 10 homes. The re- maining land on the' North is vacant. There are six half-blocks ad- jacent to the East that have a total of seven homes. The next row of blocks over to the East contains a total of 10 homes. Property immediately adjacent to the South is Tax Lot 18 which is owned by Jefferson County and is vacant. Across this vacant land there is a Jackpot Foodmart, a Honda dealer, John's Auto Repair, and the Port Townsend Cafe, all of which front Sims Way/Highway 20. 3. The applicant has submitted a site/plot plan, dated Septem- FINDINGS OF FACT. - 1 - er 18, 1990, for the proposed business park. Total acreage for the site is 34.67 acres. The development would consist of 25 building sites ranging in size from .78 acre to 1.43 acres. The remaining acreage would consist of roads and perimeter buffering. 4. Section 17.16.010 of the Port Townsend Municipal Code outlines the purpose of each zoning district. The purpose of an R-IA zone, which is the current zoning for the majority of the subject property, is stated as "Exclusively a single family resi- dence district with adequate plot areas required and including the customary accessory secondary uses, with agricultural use also al- lowed." The Southern fifth of the site is zoned C-II, which is defined as "Primarily a general commercial district for the con- duct of enterprise which depends on proximity to major streets or arterials for trade or transportation." The purpose of an M-I designation, which is the proposed zoning for the site, is defined as "Primarily for light manufacturing, orocessing, fabrication and assembling of products or materials, warehousing and storage, and transportation facilities." 5. Currently there is only one area in Port Townsend zoned M-I. It is located South of Sims Way on the waterfront between approximately Hill Street and Benedict Street. Land currently zoned M-I on the waterfront South of Sims Way contains a variety of warehousing and open storage facilities. There do not appear to be an adequate number of sites available to accommodate any in- crease in industrial activity in this area of Port Townsend. There is a public need for additional industrially zoned land within the City. A large amount of land would continue to be available for residential uses. Over one-half of all residentially zoned prop- erty is presently vacant. Industrial uses have been required to locate outside the City in part due to the lack of adeauate ~n- dustrially zoned property within the City.. 6. The Port Townsend Comprehensive Plan states, "Industrial development should be considered for the Southwest section of the City, West of McPherson Street, North of Sims Way and South of Tenth Street." This description includes the subject property. The Comprehensive Plan also has several siting standards for in- dustrial developments that include locating a new industry adja- cent to existing industrial development or in planned industrial parks; protecting neighbor properties from noise, vibration, drainage, dust, excessive traffic, view blockage, etc.; internal- izing negative effects through greenbelt buffers, landscaping, adequate utilities, noise, air and water pollution control de- vices, attractive fencing, and similar measures; and ensuring that wholesale/warehousing facilities front primarily on streets having good access to the major thoroughfare system. The Land Use Plan Map in the Port Townsend Comprehensive Plan designates the site for industrial use. FINDINGS OF FACT - 2 - 7. There is currently no vehicular access from an arterial street to the subject property. The site/plot plan indicates ac- cess to be developed off Sims Way, using Howard Street North to County-owned property, where it makes a diagonal connection North- east across County land (Tax Lot 18) to the subject property. The applicant is currently working with the County to develop this ac- cess (see Attachment A). If successfully negotiated, this would be the main entry to the proposed business park. The applicant would also like to have limited access from Ninth Street. 8. The subject property is available, level and well-served by nearby arterial streets and utilities. It is the only site reasonably suited for future industrial use within the City limits of Port Townsend. Within unincorporated Jefferson County, there are some potential industrial sites, particularly adjacent to the newly expanded Jefferson County International Airport, although much of the airport lands is limited by federal funding regula- tions to airport-related businesses. Commensurate with the poli- cies of the State of Washington as expressed by the Legislature in HB-2929 (Growth Management Act), the subject site is preferable because necessary services and roads are already developed in proximity. Moreover, if developed compatibly with adjacent neigh- borhoods, the subject site offers the potential of close-in jobs for Port Townsend residents at considerable convenience, fuel ef- ficiency and reduced traffic congestion. 9. HB-2929, the Growth Management Act (1990), includes new State planning goals which are pertinent to this distinction. Among these goals are: (a) Urban growth. Encourage development in urban areas where adequate public facilities and services exist or can be pro- vided in an efficient manner. (b) Reduce sprawl. Reduce the inappropriate conversion of undeveloped land into sprawling low-density development. (c) Economic development. Encourage economic development throughout the State which is consistent with adopted comprehen- sive plans, promote economic opportunity for all citizens of this State, especially for the unemployed and for disadvantaged persons, and encourage growth in areas experiencing insufficient economic growth, all within the capacities of the State's natural resources, public services and facilities. 10. The Growth Management Act (HB-2929) also requires each county to designated urban growth areas where urban growth is en- couraged, and outside of which only non-urban growth can occur. The Act requires that every incorporated city be included in an urban growth area. "Urban growth" refers to growth that makes in- tensive use of land for the location of buildings, structures and FINDINGS OF FACT. - 3 - impermeable surfaces to such a degree as to be incompatible with the primary use of such land for the production of food, other agricultural products or fiber, or the extraction of mineral re- sources. The Act requires that the ~city accept urban growth in areas that have existing public facility and service capabilities to serve such development. 11. Although not mandatory as applied to this application, the foregoing policies and provisions of the Growth Management Act justify the rezone request. 12. Section 17.16.030 of the Port Townsend Municipal Code places limitations on "M" classified oroDerties when having a com- mon boundary with "R" classified properties. These limitations include maintaining a view-obscuring greenbelt of not less than eight feet high and 10 feet wide; illuminating devices shall be shaded and directed away from "R" classified properties; muffling industrial activities so that noise will not be objectionable and shall not exceed 40 decibels between the hours of 11:30 p.m. and 6:00 a.m., and 60 decibels at other hours; providing shielding measures against interferences occasioned by mechanical, electri- cal or nuclear equipment; prohibiting storage of waste products that may attract insects or rodents; and limiting the storage of inflammable liquids to below-ground tanks. 13. The proposed rezone would reduce lands available for res- idential development by 35 acres. A Comparative Analysis conducted by the firm of McConnell-Burke estimates that 126 single-family homes could be built on the site, assuming subdivision approval by the City. Other suitable lands available for future residential development appear adequate to meet current growth rates for many years. Less than one-half of the lands zoned R-I or R-IA are cur-~ rently developed. The subject site, however, is the only remain- ing parcel identified in the Comprehensive Plan for possible future industrial development. In addition, concerns for the future availability of affordable housing are balanced with the increased availability of local, stable employment opportunities afforded by the proposed rezone. Certainly, affordable housing depends upon family income through local employment opportunities. 14. The availability, utility services and zoning of lands adjacent to the recently expanded Jefferson County International Airport is uncertain. Those portions of the airport properties acquired with FAA funds are restricted to airport-related uses. 15. There is a 16-inch A.C. water main which enters the sub- ject property at a point approximately 450 feet West of the South- east corner, then runs diagonally Northeast and terminates at the hydrant at Eighth Street. An eight-inch concrete sewer line exists on the subject property, beginning at a point 450 feet West of the Southeast corner and approximately 30 feet from the Southern FINDINGS OF FACT . - 4 - ~1 boundary and connects to an eight-foot concrete line that runs along Sims Way/Highway 20. 16. Water pressure in certain parts of the Southwest portion of the City to City or individual service lines is said to be low serving certain property owners. However, the anticipated water demand of the site if rezoned to M-I would be less than if filled out under present zoning. The City has an adequate water supply to serve the site. Water system improvements which may be re- quired to increase water pressure in the area of the City should be paid for in party by the applicant upon a determination of its fair share. 17. If the site is developed as an industrial park in the form of a binding site plan, planned unit development or similar proposal with appropriate conditions, development can be regulated and amenities required to protect neighboring properties from ~ny noise, vibration, drainage, dust, excessive traffic, view blockage and other impacts. Any negative effects of development can thereby be internalized. 18. McConnell-Burke has prepared a study dated January 31, 1991, with respect to Industrial Development, #4, in the Port Town- send Comprehensive Plan. Considering the study as a whole and other evidence, and considering the Gateway Plan, Shoreline Man- agement Plan and the Urban Waterfront Plan, the proposed rezone indicates a net positive effect to the citizens of the City. 19. The McConnell-Burke study is adopted in its entirety in connection with this application. 20. If the rezone is granted, permissible industrial uses of the property can be limited by a concommitant agreement so that such uses include those adding balance to and are compatible with the local economy, do not deteriorate local natural resources, and Provide jobs suitable for present and anticipated residents. 21. Subject to conditions set forth below, the proposed re- zone would be compatible with adjacent properties and uses. 22. The City has received an environmental checklist sub- mitted by the applicant and has issued a Mitigated Declaration of Non-Significance. Actual development of the property will require further environmental review of each specific development proposal by submission and review of environmental checklists for each spe- cific proposal. 23. Traffic volumes from an industrial park would not differ greatly from those caused by residential development of this prop- erty. Traffic-related issues pertaining to Sims Way/Highway 20 are being separately addressed in the Gateway Development Plan. FINDINGS OF FACT. - 5 Based upon the foregoing Findings of Fact, the Board makes the following CONCLUSIONS 1. The proposed rezone, as conditioned, is in the public in- terest in that there is a need for the types of uses proposed which would serve the public; the rezone is necessary to serve these needs; it would promote the public health, safety, morals and welfare of the community; and this need will best be served by rezoning this site as conditioned below. o The proposed rezone would not be a "spot rezone. 3. The amount of land in Port Townsend presently zoned M-I is not adequate to accommodate any significant growth in indus- trial development. Based on the Comprehensive Plan, current zon- ing and current development, it is not likely that the goal to provide for industrial expansion set forth in the Comprehensive Plan could be achieved if the site were developed for non-indus- trial use. No other site within the City appears to meet the in- dustrial development policies of the Comprehensive Plan. 4. The proposed rezone is consistent with the Port Townsend Comprehensive Plan related to the location and development of new industrial activities. 5. The proposed rezone, as conditioned, would be compatible with adjacent land uses and would not harmfully impact the public services and facilities such as water, sewer, streets, fire pro- tection and police. 6. A substantial change in circumstances has occurred to justify the proposed rezone, based upon the updated Comprehensive Plan of the City adopted subsequent to the original zoning of the site, as well as the other plans set forth in the Findings of Fact, and due to the virtual exhaustion of available M-I zoned property within the City. 7. As conditioned below, the proposed rezone should be granted. Based upon the Findings of Fact and Conclusions, the Board hereby grants the rezone and directs that an appropriate ordinance be prepared for presentation to the City Council for the City of Port Townsend to implement the rezone, subject, however, to the following conditions: FINDINGS OF FACT - 6 - CONDITIONS A. Contract Rezone. The rezone shall be conditioned upon execution of a contract between the property owners and the City, to be approved by Resolution of the City Council prior to adoption of the rezone ordinance, which shall include adequate provisions for the following: 1) Compliance with all conditions hereinafter set forth. 2) That the same will be binding upon and run with the land. 3) Compliance with all mitigating measures required by the SEPA Mitigated Declaration of Non-Significance issued in con- nection with this application. 4) Further environmental review of each development pro- posed within the site prior to issuance of any developmental per- m~t of any kind. 5) Approval by the City of a binding site plan, subdivi- sion or planned unit development for actual development of the site, subject to such conditions as may be imposed in connection with such approval. 6) Requiring by-laws and covenants, conditions and re- strictions to apply to the property and to first be approved by the City Council to assure compliance with all conditions of the rezone if any part of the site ownership or any interest therein is leased, sold or conveyed. 7) Such other provisions as may be required to implement and assure compliance with the rezone as conditions and approved. B. Access. Prior to adoption of the rezone ordinance, the applicant shall secure a dedication from the County to the City for public street purposes of the proposed right-of-way from Howard Street across the County property to the site. C. Use. 1) Those uses permitted outright in an M-I zoning dis- trict shall be allowed, with the exception of the following: a) Alcohol and alcoholic beverage manufacture; b) Billboards as defined in Section 17.08.44; c) Cosmetics and perfume manufacture; FINDINGS OF FACT. - 7 - d) Crop- or tree-farming, greenhouses and truck gar- dening, including the sale of products raised on the premises; e) Drive-in theaters; f) Dry-cleaning plants; g) Electric light or power-generating stations; h) Emery cloth or sandpaper manufacturing; i) Enameling, japanning, lacquering or the platin~ or galvanizing of metals; j) Excavations, other than simple foundations; k) Excelsior and fibre manufacturing; 1) Explosives, ammunition, fireworks and gunpowder manufacturing; m) Fat rendering, production of fats and oils from animal or vegetable products by boiling or distillation; n) Flour, feed and seed processing; o) Fertilizer wholesale or retail sales; p) Fuel oil and kerosene storage or sale; q) Hosiery manufacturing; r) Hotels and inns; s) Insulation material manufacturing or sale; t) Jails and penal facilities; u) Junkyards and auto wrecking; v) Landfills for reclamation or disposal of trash and garbage; w) Launderies (steam); x) Meat processing and packing; y) Poultry dressing for sale; z) Radio and television broadcasting stations and masts; FINDINGS OF FACT. - 8 plants; aa) Rock crushing; bb) Rodenticide, insecticide and pesticide mixing cc) Soap, detergent and washing compound manufacturing; dd) Stone cutting, monument manufacturing and sales; ee) Swimming pools (public or semi-private); ff) Textile machinery manufacturing; gg) Textile manufacturing; hh) Tire'recapping and retreading; ii) Water and sewage treatment plants and water towers. 2) Ail manufacturing, assembly, repair and production uses located on perimeter lots within the development shall re- strict their activities to indoors. Outdoor activities will be allowed on interior lots, provided they are enclosed by a secur- ity/safety fence of suitable strength and height. 3) Ail uses and associated activities that produce a noise level of 40 decibels or more, measured at the boundary of the development, shall restrict their hours of operations to be- tween 7:00 a.m. and 8:00 p.m. D. Site Development. 1) The perimeter of the site shall be mained as a continu- ous 30-foot landscape buffer between adjoining properties and structures within the business park. Prior to any construction activity, a perimeter landscape plan shall be submitted to the City Planning and Building Director. This landscape plan shall include the following: a) Berms to be incorporated into the buffer; b) Use of native plants and ground cover; c) Planting of evergreen trees to meet the eight-foot minimum height specified in Municipal Code 17.16.030, that upon maturation provide protection from prevailing winds and will pro- vide a continuous screen and backdrop for adjoining residences and those commercial buildings which abut Sims Way; and d) Retention of existing significant trees and vegeta- tion. FINDINGS OF FACT. - 9 - 2) Minimum setbacks for all lots in the development shall be as follows: Rear Yard - Perimeter lots 40 feet from property line - Interior lots 20 feet from property line Front Yard 20 feet from property line Side Yard - 10 feet from property line 3) Prior to any construction activity, a utilities master plan for the site shall be submitted to the Public Works Director for approval. All utilities will be placed underground and con- nected to nearby existing underground utilities. Design of water lines shall include protection of the existing 16-inch water main which crosses the site. as well as provide water flow to the stan- dards required for fire protection for industrial buildings. The applicant shall be required to participate in any water distribu- ion improvements necessary to assure adequate water pressure in the surrounding neighborhood. The applicant's obligation shall be limited to the pro rata proportion of such necessary improvements made necessary by the new water system demands made by the proposed business park. 4) Prior to any construction activity, a drainage master plan for the site shall be submitted to the Public Works Director for approval. The plan should detail the size and location of de- tention facilities, include biofiltration of storm water, and use any existing drainage swales. 5) The entrances to the site shall be designed and devel- oped in accordance with the Gateway Design Guidelines. Special consideration will be given to the treatment of lighting, signage, surface textures and landscaping. 6) A common open space shall be developed on-site that will provide an area for collection of recyclable materials and an area for passive recreation for employee use, which should include benches and landscaping. 7) Building heights shall be limited to 24 feet on per- imater lots. Buildings on interior lots may be allowed a 35-foot height limit provided they are not visible from outside of the development. 8) The exterior of buildings within the development shall be constructed of non-reflexive or non-glare-producing materials. 9) HVAC mechanical equipment that may be necessarily lo- cated on rooftops shall be screened from view or otherwise given an architectural treatment that will blend in with the rest of the structure. 10) Exterior lighting associated with buildings shall be oriented in such a way as to not create glare onto properties ad- jacent to the site. FINDINGS OF FACT. - 10 E. Circulation/Transportation. 1) Primary access to the site shall be developed from Sims Way on Howard Street across vacant land currently owned by the County. 2) Prior to any development on the site, a lefthand turn lane shall be developed on Sims Way to facilitate access to Howard Street and the site. The applicant shall be required to partici- pate in funding the future signalization of Sims Way intersections in direct proportion to the traffic volumes generated by the busi- ness park. The rezone contract shall obligate the applicant to share in the cost of installation of signal improvements on a pro rata basis. 3) Emergency access to the site shall be developed off McPherson on Ninth Street. All other traffic will only be allowed to access the site off Sims Way on Howard Street. 4) Public and employee parking for business within the site shall be restricted to between the buildings and the streets. No parking areas will be allowed behind buildings or adjacent to the buffer. 5) Appropriate access for fire vehicles must be provided around each building mn the business park. 6) A Transportation Master Plan for the site shall be submitted to the Public Works Director for approval. Interior streets and streets connecting to the site shall comply with City Streets Standards and recommendations of the Gateway Project. F. Operations. 1) The applicant shall draw up a charter forming a Busi- ness Ovmers Association. All owners or lessees shall be reauired to join the Association. 2) The Business Owners Association shall be resoonsible for maintaining the perimeter buffer, common open space, building grounds and building exteriors. 3) The Business Owners Association shall implement a re- cycling program to help reduce the amount of paper, metal, glass and plastic products entering regional landfills. Individual businesses shall be required to participate in recycling efforts. The Association shall contract with an established recycling oper- ator to remove recyclable materials from the site. 4) Site security will be handled by the Business O%~ers Association or on an individual basis. FINDINGS OF FACT - 11 - 5) Subsequent owners or lessees shall comply with the above conditions. Dated as of February 5th, 1991. ~AYOR BRENT SHIRLEY Attest: DAVID GROVE, City Clerk FINDINGS OF FACT - 12 - PLANNING AND BUILDING DEPARTMENT l).(). B()x 1__() [)()ri 'l'~)v, n.,,(,n(I, Wa.%hingl()n l'lannin~ ('-'(iff) P, uihling (2(id) 2~5-,q141 l)avid (;()ld.~mith, l)ircclor July 3, 1990 Mr. Bob Little 3535 McNeil Port Townsend WA 98368 Re: County Property Behind Honda Shop Dear Mr. Little: I have reviewed your proposal to include the county owned property located behind the honda shop on Sims Way in your proposed planned business park. Several years ago a similar proposal was initiated by the City. The County joined with the City at that time because the county property was key in providing access to Sims Way. The City proposal was subsequently withdrawn due to lack of a specific development plan. We concur that the inclusion of the county property with your application is a logical extension of your proposal. We also concur with its use, in part, for access to the larger acreage. I believe your proposal, with proper design and covenants, can fill an unmet need within this community and at the same time protect the integrity of adjacent properties. Should you have further questions concerning the county owned property, feel free to contact me. Sinc~erely, .:..-' ~....'' -~--- . / ~'/~__,L~'~V-r~ . -.. / ," Dauid Goldsm'ith DirecTor DG:ak plan\Ii:tie. Itt Copied )o PCOMM Attachment A to Findings of Fact Conclusions and Decision of Board of Adjustment/City Council %}~1