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HomeMy WebLinkAbout2214 Rezoning Lots 23-28 in Block 31 of Eisenbeis Addition and Amending the Official Zoning MapORDINANCE NO. AN ORDINANCE REZONING LOTS 23 THROUGH 28, IN- CLUSIVE, BLOCK 31, EISENBEIS ADDITION TO THE CITY OF PORT TO~fNSEND, FROM R-I TO C-II; AMEND- ING THE OFFICIAL ZONING MAP OF THE CITY OF PORT TOI~NSEND; ESTABLISHING CONDITIONS TO THE REZONE; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, due hearings have been held and appropriate Findings 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 ~EREAS, the City Council for the City of Port Townsend act- ing as Board of Adjustment has approved of the rezoning of the property described below pursuant to its Findings of Fact and Con- clusiongs, and subject to the terms of a Rezone Contract with Re- strictive Covenants 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 1. The official Zoning Map of the City of Port Tovm- send is here and hereby amended t'o change from R-I to C-II zoning those lands in Port Townsend described as follows: Lots 23 through 28, inclusive, Block 31, Eisenbeis Addition to the City of Port Townsend, 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 cer- tain Rezone Contract with Restrictive Covenants attached hereto as Exhibit A and incorporated herein by this reference as if set forth in full, by and between the Quimper Community Credit Union and the City of Port Townsend. Section 3. This Ordin~ce shall take effect after execution and recordin gof the Rezone Contract with Restrictive Covenants described in Section 2 of this Ordinance, and upon the passage, approval and publication of this Ordinance in the form and manner provided by law, whichever date is later. Read for the first, second and third times, passed by the ORDINANCE ~2t ~ - 1 - City Council for the City of Port TOwnsend, and approved and signed by the Mayor of the City this %~T8 day of /g,~4~ , 1990. David A. Grove, City Clerk Approged as to form: Keith C. ~arper, City Attorney OI<DINANCE "~2~15t - 2 - ~/'lL~ REZONE CONTF~ACT WITH ~ESIRICTIVE COVENANTS This Agreement is made by and between the City of Port To%~n- send, a city ?,Cf the third class under the laws of Washington State (hereinafter ity"), and Quimper Cou~nunity Credit Union, a credit union existing and organized under the laws of Washington State, of Port Tovrnsend, Jefferson County, Washington (hereinafter "Credit Union") . RECITALS A. Credit Union is the owner in fee of Lots 23 through 28, inclusive, of Block 31, Eisenbeis Addition to the City of Port Tom, send, situate in Port Townsend, Jefferson County, Washfngton. The property heretofore was zoned R-t under the City's Zoning Or- dinance. B. Credit Union has applied for a rezone of the above-described property with the City, being Application No. 9007-02. Co After due notice and public hearings as provided by the ordinances of the City, the Port Townsend Planning Commission made Findings of Fact, Conclusions~ and recommended approval of the re- zone, subject to certain conditions, and the City Council for the City of Port To~send, based upon such recommendation and following a public hearing, made and entered Findings of Fact, Conclusions, and a dec~sion approving of the requested rezone subject to certain conditions. D. To carry out the conditions of the rezone aDproved by the City Council for the City, the parties agree that they should enter into this Contract. Now, therefore, in consideration of the mutual covenants and benefits set forth below, the parties agree as follows: 1. Rezone of Real Estate. The City Council for the City of Porn Tournsend, acting as Board of Adjustment pursuant to the Zoning Ordinance of the City, has by motion approved the above- referenced rezone on condition that Credit Union complies with the Findings of Fact and Conclusion and donditions adopted by the City Council as Board of Adjustment, and on further condition that Credit Union executes this Contract. The rezone of the property was from R-I to C-Il. Credit .Union, pursuant to the City having granted said rezone as conditioned, shall duly execute this Contract and comply with the terms and provisions herein prior to the rezone be- coming effective. ~,~.~% ~.g> REZONE CONTraCT WITH 'I::I.:STR!CTIVE COVENANTS - 1 - 2. Public Purpose. %'he parties agree that the rezone as approved by the City Council's Findings of Fact, Conclusions and conditions and as further conditioned by the terms and provisions of this Agreement, rationally serves a legitimate public interest; that the terms and provisions of this Contract further serve legit- imate public interest and mitigate potential adverse impacts of the rezone; ant that the terms and provisions of this Contract are ra- tionally related to potential impacts or problems which the rezone could directly or indirectly cause without such restrictions. 3. Restrictions and Covenants. In consideration of the granting of the rezone by the City Council acting as Board of Ad- justment, Credit Union agrees as follows: ao Building height limited to thirty (30) feet, deter- mined in the same manner as ~n single-family zoning. bo Vehicular access exclusively from Hill Street or 12th Street; no vehicular access permitted to 10th Street. c. No building permits may be issued until a traffic study has been conducted and a specific plan adopted which serves all of Lots 23-32, Block 31, Eisenbeis Addition. Any building per- mits issued are to be conditioned to the traffic plan. d. Applicants waive any categorical exemption from the Washington State Policy Act (SEPA, RCW 43.21C) which might otherwise apply to project proposals within the rezone area. e. Use is restricted to a financial institution or credit union. 4. Binding Effect of Contract. The parties to this Con- tract further agree as follows: a. That the foregoing restrictions and covenants and the terms and conditions of this Contract affect and restrict all the property described herein, and that the restrictions are and shall be consurued as covenants running with the land and binding upon the o~er and all subsequent o~ers of the land or any interest REZONE CONTRACT WITH r,~ oq,o T r,mTi~? ~II~A fqT~ in or part thereof, and upon all persons dealing with the land. Said covenants and the terms and provisions of this Contract shall inure to the benefit of such o~ers and oersons, the public gener- ally, and the City of Port Townsend, and it is the intent of Credit Union that the terms and provisions of this Contract shall bind and restrict the land, themselves, their grantees, personal representa- tives, heirs, successors ~and assigns. b. Credit Union by this Contract and the terms and provisions hereof does specifically estop itself and all of its personal representatives, heirs, successors and assigns, and all persons presently or hereafter owning or having any interest in or dealing with the property or any part thereof, from asserting or contending in any manner or fashion that the terms and provisions and covenants of this Contract are not full and adequate covenants running with the land as herein described and binding thereon, for all times hereafter until expressly modified or amended as provided by this Contract. c. Invalidation of any one or more of the terms or orovisions or covenants of this Contract by judgment or Court order shall in no case affect any of the other covenants, terms or provi- sions of this Contract which shall remain in full force and e~fect. 5. Rezone Ordinance. The parties agree that for the re- zone as approved by the City to take effect, the City Council for the City of Port Townsend has adopted an ordinance oS the City establishing such rezone, which ordinance shall not be effective until execution and recordation of this Contract. 6. Recording. The Parties agree that this Contract shall be recorded with the Jefferson County Auditor upon its execution, and that all contracts, deeds or other instruments of conveyance of any kind relating to the property described herein or any part thereof shall likewise contain reference to this Contract. 7. Other Applicable Laws. The parties agree that this Contract does not amend or modify, nor is it intended to amend or modify, any other requirements of the respective ordinances of the City, or any other law or regulation dealing with the use of the land or construction of improvements thereon, but rather this Con- tract shall be construed as additional covenants and agreements for the purposes herein set forth. 8. Jurisdiction and Venue. The Superior Court for the State of Washington shall have jurisdiction for any action brought pursuant to this Contract, and venue for any action hereunder shall be in Jefferson County, Washington. REZONE CONTRACT WITH RESTRICTIVE COVENANTS - 3 - 9. Enforcement. The parties agree that all persons deal- ing with the land and entitled by law to enforce and compel compli- ance herewith including but not limited to the City of Port Townsend shall have available any and all remedies at law or in equity to en- force or compel compliance herewith and to benefit and take advan- tage of the terms and provisions of this Contract. The parties agree that any remedy at law will be inadequate, and that the City may, without limiting any other rights or remedies that it may have or seek to obtain, enforce this Contract by an action for specific performance, or by seeking and obtaining appropriate injunctive re- lief. In addition, and further without limiting the foregoing, the City may at its option repeal any ordinance rezoning the property . from R-I to C-II and revert the zoning of said property to R-I and subject to all the terms and provisions of the City's zoning ordin- ances pertaining to such zone. i0. Title and Authority. Credit Union, as owner signing below, warrants and represents that it is the sole owner in fee of the real property described in this Contract and is authorized to execute this Contract and subject the property to the terms, provi- sions and covenants set forth and to so bind the land. 2'he City, in its discretion, prior to the recording of this Contract and the ef- fectiveness hereof, may require Credit Union to provide a Certificate of Title, Abstract 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 required to sign this Contract to so bind the land have done so, and this Contract and the rezone of the prop- erty in connection herewith shall not be effective until such time as this Contract is duly executed by all parties necessary to so bind the land. Credit Union shall pay the cost of any such Certifi- cate of Title, Abstract of Title or other title report as requested by the City. 11~. Amendments. This Contract may only be. amended by a written agreement approved by the City Council and executed on be- half of the City of Port To~send and by Credit Union, or its per- sonal representatives, heirs, successors or assigns~ and the record- ing of any such agreement amending this Contract with the Jefferson County Auditor. Dated as of this day of , 1990. CITY OF PORT TO~7~SEND QUI~.~PER CO~R.~UNITY CREDIT UNION ~[ayor Brent Shirley By Printed name Title REZObfE CO~TIqACT WITH P, EST[ilCTIVE COVENANTS Attest: City Clerk David A. Grove STATE OF WASHINGTON ) )'SS. COUNTY OF JEFFERSON ) I certify that I know or have satisfactory evidence that Brent Shirley and David A. Grove signed this instrument, on oath stated that they were authorized to execute this instrument and acknowl- edged it as the ~{ayor and City Clerk, respectively; 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 uhis day of , 1990' 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 instrument, on oath state that they were authorized to execute this instrument and acknowledged it as the and, respectively, of Quimper Community Credit Union, as the free and voluntary act of such party for the uses and p~rposes mentioned in the instrument. Dated this day of , 1990. NOTARY PUBLIC in and for the State of Washington, residing at My Commission expires REZONE CONTRACT WIT~ RESTRICTIVE COVENANTS - 5