HomeMy WebLinkAboutMedina Park Place PUD Policy�M
DATE:
TO:
FROM
RE:
501 EVERGREEN POINT ROAD • P.O. BOX 144 • MEDINA, WA 98039-0144
TELEPHONE 425-233-6400 • FAX 425-451-8197 • www.medina-wa.gov
P O L I C Y
January 26, 2022
City of Medina Park Place Planned Unit Development Residents
Stephanie Keyser, Planning Manager
Development of Parcels in Medina Park Place Planned Unit Development
This policy outlines how the City's zoning code applies to parcels located in the Medina Park Place Planned
Unit Development ("PUD"). It applies specifically to parcels located in the Medina Park Place PUD and
outlines how such parcels may be developed under applicable zoning regulations.
Background
As a preliminary matter, a PUD requires an amendment to the zoning ordinance and has been held to be
an act of rezoning. Lutz v. Longview, 83 Wash.2d 566, 568-69, 520 P.2d 1374 (1974). However, a PUD
does not repeal the underlying zoning. Estate of Friedman v. Pierce County, 112 Wash.2d 68, 82, 768 P.2d
462 (1989). Rather the PUD creates an overlay of uses and restrictions that "floats" over the existing
zoning. Id.
The Medina Park Place PUD was created in 1967 via Ordinance No. 213 (Attachment A). Ordinance No.
213 established rules and regulations related to the development of the PUD. The PUD was subsequently
platted in 1973 under King County Recording No. 197307200472 (Attachment B) with accompanying
Covenants, Conditions, and Restrictions (CCRs) bearing King County Recording No. 7307170621
(Attachment C). However, Ordinance No. 213 was repealed in 1986 by Ordinance No. 435 (Attachment
D). This resulted in the underlying zoning code again taking precedence as the primary development
regulations.
Legally Nonconforming Structures
Because the PUD ordinance was repealed, all development within the Medina Park Place PUD is now
considered legally non -conforming per MMC 16.36.060. This designation means that the structures would
not have been permitted to be built as constructed under applicable zoning codes, but because the
structure was permitted under the PUD regulations, it is allowed to continue. The nonconforming concept
applies to nonconformances from setback requirements, and other deviations from bulk and height
restrictions.
Rather than requiring new zoning regulations to apply retroactively, caselaw has held that owners with
existing non -conforming legal structures may continue "as -is", but that any replacement or expansion
development needs to conform to the new regulations. Such prohibitions are judicially enforced. An
"extension" of a nonconforming use, by which more of a nonconforming activity would have been carried
on, has been considered a forbidden "change." Coleman v. City of Walla Walla, 44 Wn.2d 296, 266 P.2d
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City of Medina Park Place Planned Unit Development Residents
January 26, 2022
Page 2
1034 (1954). Furthermore, "extension" and "expansion" have been said to have the same meaning. Bartz
v. Board of Adjustment, 80 Wn.2d 209, 492 P.2d 1374 (1972).
Remodeling Legally Nonconforming Structures
While legally nonconforming structures may continue in their present form and may be maintained or
repaired to continue in their "as -is" state, any such work may not increase the nonconformity. MMC
16.36.060(C). Should a property owner seek to enlarge or expand a nonconforming structure, the
following requirements apply: (1) all applicable development regulations including, but not limited to,
zoning and building shall be met; (2) the work shall not add any new structure size or area to those parts
of the existing structure that is the cause of the nonconformity; and (3) upper level additions to a structure
where the total structural coverage exceeds existing code requirements are permitted pursuant to specific
code conditions in MMC 16.36.060(G).
If an applicant with a legally nonconforming structure desires to build something that will not comply with
MMC 16.36.060, the applicant may apply for one of three land use applications, depending on the scope
of work pursuant to MMC 16.71.010 (Minor Deviations), MMC 16.71.020 (Administrative Variance) or
MMC 16.72.030 (Administrative Special Use Permit).
Minor Deviation Process
A minor deviation may be used for an addition to (1) match a nonconforming setback or height, or (2) for
an increase of five percent or less from any numeric development standard. A minor deviation may not
be used if a nonconforming structure experiences substantial destruction (MMC 16.12.200), or if either
of the limitations are present in MMC 16.71.010(E).
Minor deviations are approved administratively via a Type 2 decision. The City only approves minor
deviations if all the criteria are met in MMC 16.71.010(F). When a minor deviation is approved, conditions
may be attached as necessary to safeguard the public health, general welfare, and safety.
Variance and Special Use Permit Processes
The City only approves variances from the provisions or requirements of the zoning code if all of the
criteria are met in MMC 16.71.020(E) or MMC 16.72.030(F), respectively.
Administrative variances are approved administratively via a Type 2 decision while non -administrative
variances are approved by the hearing examiner via a Type 3 decision. When an administrative or a non -
administrative variance is approved, conditions may be attached as necessary to safeguard the public
health, general welfare, and safety.
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City of Medina Park Place Planned Unit Development Residents
January 26, 2022
Page 3
Attachment A
{EFM2526058.DOCX;3/05708.000001/ }
CITY OF MEDINA
ORDINANCE NO. x /9
AN ORDIONCE providing for planned land -use development, with variation
of otherwise applicable zoning requirements upon special undertakings
of the owner.
THE CITY COUNCIL OF THE CITY OF MEDINA DO ORDAIN AS FOLLOWS,
Section 1. Purpose, The Furpose Vf the provisions of this
chapter is to permit development of land according to submitted plans,
with variation of otherwise applicable zoning requirements where such
development will further the general objectives of the City's compre-
hensive land -use plan and the special undertakings of the developer in
certain respects exceed the minimum requirements of such zoning laws.
The ordinance is adopted after favorable report of the Planning Commis-
sion and a public hearing upon such report and recommendation before
the City Council at its regular meeting March 13, 1967.
Section 2. Variation of zoninq requirements authorized for
fanned land -use developments. Notw t stan ins a other requirements
of the Medina Zoning Code, the regulations of such code may be varied
to permit the development of certain parcels of land according to
distinct plans therefor previously submitted and approved under the
procedures of this ordinance and any ordinances amendatory thereto.
4
Section 3.9eferral from Board of Adjustment. When the granting
of an application pursuant to Medina Code ec ion -21.05 is not
authorized under the requirements of that section, the Board of Adjust-
ment may, if it finds that a requested action, together with other plans
of the owner, will further the objectives of the comprehensive plan,
including the zoning code, refer the proposal to the Planning Commission
for further action as hereinafter stated. In doing so, the board shall
transmit its written findings and ruling on the application to the
Planning Commission and such findings shall be sufficiently detailed
to show the basis of the board's conclusion that the proposal would
result in a development more consistent with the general objectives
of the City's comprehensive plan than could be had from strict compliance
therewith.
Section 4. Planning Commission; further information and hearing.
The Planning Commission may require the applicaRt to submit additional
information in support of his application, including but not limited to
detailed plans and specifications, which shall be sufficiently
schematic and graphic as to clearly describe the project. If the
Planning Commission then determines that the proposal merits full
consideration, it shall cause notice to be given to adjoining landowners
and a public hearing to be held thereon. At such hearing and in its
study of the proposal, the Planning Commission shall consider the
comprehensive plan fdr-'.t_be City's development as a whole, the extent to
which requirements not sought to be varied are exceeded, the average
effect of the proposal compared to the standards of the comprehensive
plan, other undertakings which subserve the purposes of the plan but
are not required by it, and any other consideration of City land -use
planning by which utility and appearance of the proposal may be judged.
Upon the conclusion of such hearing and study, the Planning Commission
shall make written findings of factand conclusions, copies of which
shall be transmitted to the Board of Adjustment and the City Council.
Section 5. Special conditions. In making its findings and
conclusions in respect to a proposal or planned land -use development,
the Planning Commission may impose special conditions and restrictions
to insure completion of development in a form acceptable to the City
and within a reasonable time. Such special conditions may include,
.but shall not be limited to, a time limit for the effectiveness of any
permit, a bond or bonds, a prescribed order of development where several
improvements are involved, and strict compliance with approved plans.
Section 6. Council disc roval. If the Planning Commission has
approved a planned land -use development proposal and transmitted findings
and conclusions to the effect, its permission shall be subject to
contrary action by the City Council at or before its second regular
meeting following receipt thereof. If, no•buch-tontrarr AOtion be taken,
the permission of the commission shall thereupon become effective upon
the terms expressed therein.
Section 7. Code reference. Sections 1 through 6 hereof shall
c onstitute Sections 5-5. -5.08, etc., through 5-5.24, and all
other sections hereof shall be considered of temporary or special
effect.
Section 8. Effective date. This ordinance shall become
effective upon the day o , 1967.
N'ij F- i1-
PASSED by the City Council on the day of- 1967,
and signed in authentication of its passage the same day.
MAYOR
Approved as to form:
7
Stephdb F. Chadwick, Jr.
City Attorney
ATTEST:
ern ce Sowden, City Clerk
Le Irur „d eri c-1 e ,ry of such ark n ,ice f, n,i5lishcd nrJ
c hies 'br�i+m�Tr� �+'✓3 m�S� "`" RIfU.':. F=�orC 'i13 c;�r.;ri�c tole-
City Cler
k
City of Medina Park Place Planned Unit Development Residents
January 26, 2022
Page 4
Attachment B
{EFM2526058.DOCX;3/05708.000001/ }
KItDLL MW CX*AF+Nw.�., 1
MEDINA PARK PLACE (A PLANNED LAND -USE DEVELOPMENT) W79
SECTION 25, T. 25 N., R.4 E., W.M., KING COUNTY, WASH. c
JONES, BASSI a ASSOCIATES SHEET 2 OF2
ENGINEERS - -
DESCRIPTION 1!
CERTIFICATES S APPROVALS
THIS PLAT OF MED/NA PARK PLACE- EMBRACES THE C-AST HALF OF THE / HEREB✓ CERT/F✓ THAT THEgE ARE NO OEL /N
SOUTHEAST QUA RTER OF 7NE N0,-:7HWEST QUL RTER OF THE SOUTHEAST OUENT SPEC/AL ASSESS +
QU4 RTER OF SECT/ON 25 TOWNSHIP 25 NORTN RANGE 4 EAST W.M., MENTJ AND ALL JPEC/AL 4SSESJMENT3 ON ANY OF THE PROPERTY
/N KING COUNTY WASHINGTON • EX P THE EAST 30 FEET AND HEREIN CONrA/NED DEDICATED AS S7RECT3 ALLEYS OR F.:P 13
SOUTH 30 FEET AOR ROAD ANG EX THE NORTH /32. 33 FEET PUBLIC USE ARE PAID / fULL TH/S"C_DAYOF ✓WP' —.4 Z 1973
THEREOF.
BE/NG KNOWAI AS TRACTS 158 TO /GS INCLUSIVE, MEDINA HALF ✓ !
HOUR HI ACRE TRACTS, ACCORDING TO THE UNRECORDED PLAT• ., .'
TREASURER, C/TYOFMED/NA
LAND SURVEYORS CERTIFICATE
I HEREBY CERTIFY THAT THIS PLAT OF 'MEDINA PARK F•LACE'- /5 B45ED
UPON AN ACTUAL SURVEY ANO SUBDIVISION OF SECTION 25 7oWN-
SN/P2S NORTH RANGE A EAST, W.M., THAT 7HE DIS T4NCES'COURJES
AND ANGLES ARE SNOW HEREON O,eREC TLY, AND THA1 THE
MONUMENTS HAVE BEEN �OR WILL E SET, AND THE LOT AND BLOCK
CORNERS HAVE BEEN (OR WILL BE� �7AKEO ON 7HE GROUND THEREOF
AVO THAT / HAVE FVGLY COMPLIEIII777777777 WITH THE PROVISIONS OF THE ST4TGTE5
OF THE STATE OF WA SH/NG TON UNDER THE REG ULA 7/DNS OF THE C17Y
OF MEDINA GOVERNING PLA T7/NG.
ROBEERT W. JONES
CE.2TIFICATE Na. 2534
LICENCE No. 032 Of J119
!• .� EYPIRA 7ION DATE - DEC. 3 , 1973
DECLARATION
KNOW ALL MEN BY THESE PREJEA/TS THAT WE THE UNDERSIGNED,
OWNERS /At FEE $/Al PLE OF THE LAND HEREBY PATTED, HEREBY
DE'C44RL' THIS PLAT.
III WI7A/G55 WHEREOF WE HAVE HERE UN 70 SET OUR NAND AND
JCAL .
RE J - DIC CO., 4 PARTNERJHIP
ev:
ROSERT E. ✓AMES PARTNER
DOOTSON INVESTMENT co.,
A LIMITED PARTA1eR$H/P
Br:
ROBERTB. DOOTSON
MANAO/NG GENERAL PARTNER
ACKNOWLEDGMENT
STATE OF WASA/NQTONt S.f.
COUNTY OF KING .!
THIJ /S TO ClRT/FYTHA7ON TN/3 e4Y OP
A•O. /97J, IEfORE ME THE UNDERS/6A/ED, A NOTARY AWAL/C, Pee3oWLLY
APISEARED k'OBERT E. ✓AMES A A CrVeR /N REJ- DIC CO., A PART-
NERJH/P AND ROBERT B. L(OOTJON, M.ANAO/NG GENERAL PARTNER
IN 000TiN WVESTMEN7 CO-, A LIM/TED P•AR77VE.CJH/P M MR KNOWN
TO Be 7WF /ND/ DUAL) WHO EXECUTED TN! ABOVE L-e
SAI KQ �!T�"M-"W
,E.•
Iif ....T
.. NOTARY PUBLIC IN AND FOR TNG
7G OF WASHING TON
RESIDING AT
I
RESTRICTIONS
THE OWNERS OF EACH 407 A TO H /A/CLUSIV& SHALL HAVE AN EQUAL
UND/V/DEO ONE-E/OHTH fj /A/TEREST /A/ COMMON AREA -TRACTS NOS.
AND 2. TRACT NO. ALL BE A PRIVATE R04D SUBJECT To A
NON-EXCLUSIVE- EASEMENT FOR ALL PUBLIC AND PRIVATE UTILITIES.
LOTS A TO H, INCLUSIVE, SHALL BE 4I0I7ED TO ONE SINGLE FAMILY
RESIDENCE. THIS PLAT HAS BEEN PREPARED PURS NT TO CITY
OF MEDINA ORDINANCE NO. 2/3• SECTIONS 1 THRU GkPL4NA/ED
LAND -USE OEVELOPMEAIV.
FOR FURTHER RESTRICT/ONS SEE DECL4RA7701J OF COVEN4N73, CONDITIONS
AND RESTRICTIONS FILf_D UNDER KfNG COUNTY AUDITORS FILE
7HE PLANNING COMM/SS/ON OF rAW CITY OF MEDINA, M WHDM BY ORDIUANitLti �,t1
NUMBER 5Z /S DELEGATED :HE AUTHORITY OF THE CITY COUNCIL 70
THE CI TYS APPROVAL, MEETING IN REGULAR JESJ/ON rj r x nn
DID f/AID THdr •MEDINA PARK PL 4CE', A Pt 47 Of LAND W/7I/IAI The c
Of MEDINA, SERVES THE PUBLIC USE AND INTERESTAA+G HAS AU77/0R-'
IZED /7J CHA/RMt�N ANO SfCRETAteY TO EXECUTE ITS W4/T7EN APPR1'7VIL
HEREON. (ORD. SZ Jec. 13-/95T) _.. ....
CHAIRMAN
JECRE TARY
EXAMINED AND APPROVED THIS il=" n Ay OF r/t/ty ,E,Q
rf/I1fin �J.
ENE— / CITY F MED/NA
ASSESSORS APPROVAL
EXAMINED AND APPROVED THIS �-� DAY OF T / /-
OCPAR73fENT OF ASSESSNAW15
ItARLBY W- HAIYPF� : .e.r�..� "S'!
KIAIG COUNTY ASSESSOR D-0 7Y KING CO. +......
AJslSJoffl, .
COMPTROLLEWS CERTIFICATE -
I AWREBY CERTIPY THAT ALL PWOPEITY TAXES A{E P414 7IMT "fMARl��.�.a'
DEL 1NgVlNT sfwciAL AJSE-W&WArrS eeenP/ED 70 THIS CAPICle PUC C04L- ?, "
ECT/ON AND 77/A7ALL JPOCIAL AJSAWSWW73 CAWFJMCD 70 THIS OFFKE
COLLECTION ON ANY OF THE P{OPLR7yNeRE/N ODAITA/NED 0ZV1C4TE0AS!1-�
JTREE7s ALLEYS OR FOR OT//ER; PUBLIC USE AR! RIND IN FULL y
THISDAY OF A.O., 1775 a p'
OFFICE Of COMPTiIOLLt/:_ z'�+n''
MAVO C0UA17Y COAIPT4�OLLlR cope re NAUO MAVrr Ccalwymilmum
KING COUV - - -� ' - ► .fc�aac�+s v� •[•,
TY, WASNINGTON. �.
DEPARTMENT OF ReccwQS
f L.LKT/CWS +
t'.
ropw,IRo✓ raoolrs - •
MANAGE{ SUPT OF R1EC0{OS *;
1t
EASEIIiNT PROV1810M8 a It
EA3EMEN73 JW214W FOe SEWER AND WATER ACE FORCyFArIO7JYE MtAI/CA4/L CORI
MAIMAG! AASEM! 73 ARt FORR THe C/T 0AWAM&A� ,+pD 7m'�'-
TN! CASEMENT W/077M JHOWA/ A REASOAlABL! ADO/TK7NAL W/prm s=
MAY B! USED POR N!CESSAR7% MAIN TENANCp, REP OI OR {l/L4CLM/Ejyf...
SUBJECT 7p ICES7OC4TIIDN OF 7HE PROPERTY JO USED UnoN COMPIlrxw
OF SAID A1A/A/7EUAA/CE. eepwC OL[ REPL4CEME/V 7.�Q QRA/,�yr,E
GA'�MZ5V73 fi'IR 7Aje C17Y OP ME:LY11L4 3INLL ./IEA/V TO AKCLILIE JJIf
C/7Y 4:3- AI2-,MlVA AND pr A71S SLICCES.SORS.
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KNOLL MAr COWAW. I
SEATTLE
MEDINA PAK.% PLACE (A PLANNED LAN 95-TO
LAND -USE DEVELOPMENT)
SECTION 25, T. 25 N., R. 4 E., W. M., KING COUNTY, WASH.
JONES, BASSI 8 ASSOCIATES
ENGINEERS
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City of Medina Park Place Planned Unit Development Residents
January 26, 2022
Page 5
Attachment C
{EFM2526058.DOCX;3/05708.000001/ }
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
APPLICABLE TO
MEDINA PARK PLACE
THIS DECLARATION, made on the day hereinafter set forth, by
REJ-DIC COMPANY, a partnership, hereinafter referred to as
"Declarant",
W I T N E S S E T H:
WHEREAS, Declarant is the owner of that certain real property
in King County, Washington which is more specifically described
and identified by the plat;
WHEREAS, Declarant has platted and subdivided the same pursu-
ant to RCW Ch. 58.17, and
WHEREAS, Declarant intends to develop and -'.sell the residential
lots in said plat,
NOW, THEREFORE, Declarant hereby declares that all of said
residential lots shall be held, sold and conveyed subject to the
easements, restrictions, covenants and conditions hereinafter set
forth. These easements, restrictions, covenants and conditions
are intended to protect the value and desirability of the aforesaid
real property. They shall run with the aforementioned residential
lots and shall be binding on all parties having or acquiring any
::fight, title or interest in these residential lots or any part
thereof, as well as their heirs, successors and assigns. They
shall inure to the benefit of each present or future owner of the
aforementioned real property or any part thereof or interest therein.
ARTICLE I
DEFINITIONS
Section 1. "Association" means the MEDINA PARK PLACE, a
C7
V* Washington nonprofit corporation.
Section 2. "Declarant" means Rej-Dic Company, a partnership,
the maker of this Declaration and the record owner of the real
property.
Section 3. "Real Property" means the entire land area shown
and described by the plat.
Section 4. "Plat" means the plat of MEDINA PARK PLACE, which
Declarant has or will file for record in the land records of Ring
County during 1973.
Section 5. "Platted Residential Plots" means the irregular
size lots shown on the plat and identified thereon by letters running
from A to H, consecutively, inclusive of utility service connections
within the platted lot.
Section 6. "Common Area" means all real property to be trans-
ferred and to be held by the Association for the common use, enjoy-
ment or benefit of the owners. All permanent structures and fixtures
upon the Common Area, including roads and utility syptems, (except
for service connections within a platted lot) shall be deemed a
part thereof.
Section 7. "Owner" means the owner, or the contract purchaser
+.. possession, of a Platted Residential Lot. Declarant shall be
-2-
- - — _ _ -.. ....._..._.._-. —._. � '�� - •,� •; •.. ... jj ,,,.:,..: ;' .. rya , .._... _.
Y. .tR' , 1 ,�, .,. ar; " :; mot. ••� . v� ` 'yl �_ �: -. ' e
considered the owner of all lots not yet sold or reacquired by it.
Section 8. "MEDINA PARK PLACE" means the residential community
shown by the plat.
O ARTICLE II
PROPERTY RIGHTS
Section 1. Owners' Easement of Enjoyment.
Each Owner shall have a non-exclusive right and easement of
enjoyment in.and to the Common Area, which shall be appurtenant
to, and shall pass with, the title to the Owner's lot. Such right
and easement shall be subject only to the following:
(a) The right of the Association to suspend the voting
rights and the right to use the Common Area of an Owner for any
period during which
(i) any assessment against this lot remains unpaid,
or,
(ii) any violation of these covenants or of the
Association's published rules for which he is
responsible remains unabated;
(b) The right of the Association, acting through its
Board of Directors, to dedicate and transfer any utility system
on, or which may be a part of, the Common Area, to the ?roper
municipality;
(c) The right of the Association to dedicate and trans-
fer all or any part of the remainder of the Common Area :o any
publ_c agency, authority, or utility for such purposes in such
manner and subject to such conditions as may be consistent with
MI:
• .. �. � f 1. ,e •� .
the Association's Articles of incorporation, its Bylaws, and the
Washington Miscellaneous and Mutual Corporation Act; and
(d) The nonexclusive right of all other members of the
Association to use, enjoy and have the benefit of the Common Area
upon the same terms.
Section 2. Delegation of Use.
An Owner may delegate, in accordance with such rules and
regulations as the Association may promulgate, his right of en-
joyment of the Common Area and common facilities to the members of
his family, his tenants, and his contract purchasers in possession.
ARTICLE III
DECLARANT'S DUTY TO CONVEY AND
ASSOCIATION'S DUTY TO ACCEPT COMMON AREA
Declarant shall convey to the Association, and the Associa-
tion shall accept, all or any part of the Common Area as soon as
the Association is able to operate and maintain the same in a
manner appropriate to the needs and desires of the Owners, or as
soon as.the Association has an opportunity and wishes to dedicate
the same to the appropriate governmental body. This Article is
not intended to authorize Declarant to delay the transfer of the
Common Area indefinitely or otherwise unreasonably.
ARTICLE IV
THE ASSOCIATION AND MEMBERSHIP
AND VOTING RIGHTS THEREIN
Section 1. Every Owner of a Platted Residential Lot shall
be a member of the -Association. Membership shall be appurtenant
_ -4-
to and may not be separated from ownership of one or mcr.e lots
subject to assessment.
W4 Section 2. To the extent that they touch and concern -the
p land described by the Plat, the Articles of Incorporation and By-
laws of the Association shall be deemed covenants running with
the land, and shall be as binding upon Owners as if verbatim
recited herein.
Section 3. The voting rights of Association members shall
be as specified in the Association's Bylaws.
ARTICLE V
ASSESSMENTS
Section 1. Creation of the Lien and personal Obligation of
Assessments.
Each Owner other than Declarant, by accepting a deed to or
land contract for a Platted Residential Lot (whether or not it
shall be so expressed in such instrument), shall be deemed to
covenant to pay to the Association:
(1) regular annual assessments, and
(2) special assessments for capital improvements, such
regular annual and special assessments to be established and col-
lected as hereinafter provided. The regular annual and special
assessments, which may be collected on a monthly, quarterly, or
yearly basis, together with interest, costs, and reasonable
attorney's fees, shall be a charge on each Owner's Platted Resi-
c%ntial Lot, and shall be a continuing lien upon the P18.tted
Residential Lot against which such assessment is made. Each such
assessment, together with interest, costs and reasonable attorney's
-5-
fees, shall also be the personal obligation of the person who was
the Owner of such Platted Residential Lot at the time when the
assessment fell due.
Section 2. Purpose of Assessments.
A. The regular annual and special assessments levied by the
Association shall be used exclusively to administer these cove-
nants, to maintain and improve the Common Area, and generally to
promote the recreation, health, safety, comfort, convenience and
welfare of the Owners of MEDINA PARK PLACE.
B. Regular annual assessments shall be utilized to pay for
real eEtate taxes, easements, street lighting and maintenance,
common area landscaping and maintenance, irregation system main-
tenance, insurance, water, power, and all o r expenses relating
to preserving and maintaining all real and personal property owned
by the Association.
Section 3. Regular Annual Assessments.
A. The first year in and for which regular annual assess-
ments shall be established and collected shall be the fiscal year
April 1, 1973, ending March 31, 1974. The regular annual assessment
for such year shall not exceed $300.00 per member.
B. Beginning April 1, 1974, the maximum regular annual
assessment`may be increased to cover the required costs as speci-
fied above to all members.
C. The Board of Directors may fix the regular annual assess-
ment.
Section 4. Special Assessments for Capital Improvements.
In addition to the regular annual assessments authorized
above, the Association may levy, in any assessment year, a special
assessment applicable to that year only for the purpose of defray-
ing,,in whole or in part, the cost of any construction, recon-
struction, repair or replacement of a capital improvement upon
the Common Area, including fixtures and personal property related
thereto, provided that any such assessments shall have the assent
of at least two-thirds of the votes of each class of members who
are voting in person or by proxy at a meeting duly called for this
purpose.
Section S. Notice and Quorum for any Action Authorized
Under Sections 3 and 4.
Written notice of any meeting called for the purpose of tak-
ing any action authorized under Section 3 or Section 4 of this
Article V shall be sent to all members not less than 30 daysnor
more than 50 days in advance of the meeting. At the first such
meeting called, the presence of memb-:rs or of proxies entitled
to cast 50% of all votes entitled to be cast by each class of
members shall constitute a quorum. If the required quorum is not
present, another_ meeting may be called subject to the same notice
requirement, and the required quorum at such subsequent meeting
shall be one-half of the required quorum at the preceding meet-
ing. No such subsequent meeting shall be held more than 50 days
following the preceding meeting.
Section 6. Uniform Rate of Assessment.
Beth regular annual and special assessments shall be fixed
at a uniform rate for all Platted Residential Lots subject to
assessment.
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Section 7. Date of Commencement of Regular Annual Assess-
ments; Due Dates.
The regular annual assessments provided for herein shall
commence as to all lots subject thereto on the first day of
April, 1974. The Board of Directors shall fix the amount of the
regular annual assessment against each lot at least 30 days in
advance of the beginning of each annual assessment period. Written
notice of the regular annual assessment shall be sent to every
Owner subjer.t thereto. The due dates shall be established by the
Board of Directors for the annual assessment period of April 1 to
March 31. The Association shall, upon demand, and for a reasonable
charge, furnish a certificate signed by an officer of the Associa-
tion setting forth whether the assessments on a specified Platted
Residential Lot have been paid.
Section 8. Proration.
When an Owner purchases a Platted Residential Lot from Devel-
oper after April 1, 1973, his liability for the regular and special
assessments which have been established for the year of purchase
shall be prorated in accordance with the number of days remaining
in that fiscal year on the date of purchase. Such prorated assess-
ments shall be due and payable on the day of closing.
Section 9. Effect of Nonpayment of Assessment; Remedies
of the Association.
zany assessment not paid within 30 days after the due date
shall bear interest from the due date at the rate of (10%] per annum.
The Assoc,atxoa may bring an action at law against the Owner
personally obligated to pay the same, or foreclose the lien
against the Platted Residential Lot subject thereto. No Owner
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subject to assessment may waive or otherwise escape liability for
the assessments provided for herein by nonuse of the Common Area
.P4 or abandonment of his lot. The Association may suspend a delin-
quent Owner's voting rights and his right to use, enjoy and have
the benefit of the Common Area for such period as his delinquency
O
:7 continues.
Section 10. Subordination of Assessment Liens to Declarant's
Security Interest.
The lien of the assessments provided for herein shall be
subordinate to any mortgage, deed of trust or other security
interest of Declarant in any improved Residential Lot which secures
any Owner's obligation to pay Declarant the purchase price of such
Platted Residential Lot.
ARTICLE VI
ARCHITECTURAL CONTROLS
No building, fence, wall or other structure shall be commenc-
ed, erected or maintained upon Platted Residential Lots or the
Common Area or any part thereof, nor shall any exterior addition
to, or change or alteration therein, be made until the plans and
specifications showing the nature, kind, shape, height, materials
color and location of the same shall have been submitted to and
approved in writing as to harmony of external design and location in
relation to surrounding structures and topography'by the Board of
Directors of the Association. In the event said Board fails to
approve or disapprove such design and location within 45 days
After said plans and specifications have been submitted to it,
approval will not be required and this Article will be deemed to
-9-
have been fully complied with.
No landscaping work, including the removal of natural trees,
shrubs, brush and other ground cover, shall be undertaken on any
Platted Residential Lot until the plans and specifications show-
ing the nature and other details of the proposed work shall have
been submitted to and approved in writing by the Board of Directors
of the Association. In the event said Board fails to approve or
disapprove of such proposed landscaping work within 45 days after
said plans and specifications have been submitted to it, approval
will not be required and this Article will be deemed to have been
fully complied with.
ARTICLE VII
LAND USE RESTRICTIONS
Section 1. Platted Residential Lots shall be used for
single-family residential purposes only.
Section 2. No signs shall be erected or maintained on any
Platted Residential Lot except
(a) one sign 9" x 18" identifying lot owners or occu-
pants, all of uniform design and character in the
area, and
(b) one temporary sign of not more than 6 square feet,
advertising a Platted Residential Lot for sale or
rent.
Nothing herein shall preclude Declarant or its sales agents from
erecting and maintaining such temporary signs and structures as
may, in Declarants_judgment, promote the development and sale
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:j. ;,,
of Platted Residential.Lots or other interests in the Real Pro-
perty.
Section 3. No Platted Residential Lot shall be used for the
keeping, raising, or breeding of animals. However, common house-
hold pets such as dogs and cats may be kept on a Platted Residen-
tial Lot for noncommercial purposes if and so long as they do not
become a nuisance.
Section 4. No trash, garbage, rubbish, refuse, or other.
solid waste of any kind, including particularly inoperable auto-
mobiles, appliances, boats, and furniture, shall be thrown, dumped,
stored, disposed of, or otherwise placed on any part of the Real
Property. Garbage and similar solid waste shall be kept in sani-
tary containers well suited for that purpose. The Owner or occu-
pant of each Platted Residential Lot shall be responsible for the
disposal of solid waste at legally established solid waste dis-
posal facilities outside the residence.
Section S. No.Owner shall change or interfere with the nat-
ural drainage of the Real Property without the prior written
approval of the Board of Directors.
Section A-
A. The permanent use or storage upon Platted Residential
Lots of house trailers, mobile homes and similar vehicles as
dwellings is prohibited. Such vehicles may be used temporarily,
with the written approval of the Board of Directors, and upon such
terms and conditions as the Board of Directors may choose to pre-
aaribe.
B. Boat trailers and boats may be parked or stored on
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Platted Residential Lots with t:.e written permission of the Board
of Directors, provided they are adequately screened from public
view. The Board of Directors shall determine what constitute3
adequate screening, and such determination shall be conclusive.
Section 7. No vehicle shall be parked on the Common Area
except those portions of which have been specifically set aside
0 and designated as parking lots or parking zones by the Associa-
tion. No vehicle shall ever be abandoned or dismantled and no
major vehicle repair work shall ever be performed on any part of
the Common Area. No vehicle in an extreme state of disrepair shall
ever be parked or permitted to remain on any part of the Common
Area for more than 48 hours. A vehicle shall be deemed in an
extreme state of disrepair when it is incapable of moving under
its own power, or when, in the opinion of the Directors of the
Association, its presence offends the reasonable sensibilities of
the occupants of MEDINA PARK PLACE.
Section 8. No Platted Residential Lot shall ever be used in
a fashion which unreasonably interferes with the other lot Owners,
or the Association's right to the use and enjoyment of their res-
pective properties, or the other lot Owners' right to the use and
enjoyment of the Common Area. The Board of Directors of the Asso-
ciation designated by it shall determine whether any Riven use of
a Platted Residential Lot unreasonably interferes with those
rights, and such determination shall be conclusive.
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� •L+L;,u;:...1a.e:v�..::..iyr�r' SJi:�i �M.�i-.�; � � : t'�. • r ..
ARTICLE VIII
INTERPRETATION, ADMINISTRATION AND
ENFORCEMENT OF THESE COVENANTS
Section 1. The Board of Directors shall have primary and
exclusive jurisdiction to interpret, administer and enforce these
covenants and find all facts relative to any claimed or suspected
violation. Any Owner adversely affected by action by the Board
of Directors shall be given an opportunity to present his case
at a hearing before the Board of Directors at its next scheduled
meeting, and a final and conclusive determination shall be made by
the Board within 15 days after such meeting. An Owner who may be
adversely affected by a decision of the Board shall be given rea-
sonable notice thereof.
Section 2. The Association acting through its Board of Dir-
ectors stall be primarily responsible for enforcing these coven-
ants and for preventing and abating violations thereof. In per-
forming this function it may avail itself of such injuctive and
other legal remedies as may be available to it under Washington
law. The Association may charge the costs of preventing or abat-
ing a violation of these covenants to the affending Owner and add
the amount thereof to his next regular annual or special assessment.
Such costs may include a reasonable attorney's fee.
Section 3. Any Owner may complain of an actual or threatened
violation of these covenants to the Board of Directors and demand
that the Association prevent or abate the same. No Owner may sue
to prevent o_ abate an actual or threatened violation of these
covenants without having done so and without having exhausted the
remedies available to him within the Association.
-13-
ARTICLE IX
AMENDMENT
The covenants and restrictions of this Declaration shall run
Wwith and bind the land, for a term of.20 years from the date this
9 Declaration is recorded, after which time they shall be automati-
cally extended for successive periods of ten years. This Declara-
tion may be amended during the first 20- ear period by an instru-
ment signed by not less than 80% of the lot Owners, and there-
after by an instrument signed by not less than 75% of the lot
Owners. Any amendment must be recorded to be effective.
ARTICLE X
SEVERABILI.TY
Invalidation of any one of these covenants or restrictions
by judgment or court order shall in no way affect or invalidate
any other provisions, which shall remain in full force and effect.
IN WITNESS WHEREOF, the undersigned, being the Declarant here-
in, has hereunto set its hand and corporate .:eal this 4z day of
1973.
REJ-DIC
Declara
By
Partner
Atz
Partner
-14-
STATE OF WASHINGTON )
County of King )
On this 4 y of , 973, bef re me per-
sonally appeaan ,
tc, me known to be t e Partne of REJ-DIC COMPANY, the partner-
ship that executed the within and foregoing instrument and acknow-
ledged to me that they signed and sealed the same as their free
and voluntary act and deed for the uses and purposes therein men-
tioned.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal _th`ee\day and year first above written.
�106"11
tr.< <•_..- J�. = NOTARY PUBLIC in an or t e State
.." p 6L1� r•:� of Washington, residing at
• Jj, �!� ,9� ice:'
OF�W
-15-
4L
ME
Lai
HLEL. foD Record at HeqUesf of
Name. . . ........... ...
....—OF.-
_.—RE060HOIT00070
sn JUL i,
PM 3 17
DIRECTOR
RECORD.-)
KING
City of Medina Park Place Planned Unit Development Residents
January 26, 2022
Page 6
Attachment D
{EFM2526058.DOCX;3/05708.000001/ }
CITY OF MEDINA
ORDINANCE NO. 435
AN ORDINANCE REPEALING ORDINANCE No. 213, Planned Land Use Development
THE CITY COUNCIL OF THE CITY OF MEDINA DOES ORDAIN AS FOLLOWS:
SECTION 1. Ordinance Number 213 Repealed: Medina Ordinance No. 213
is hereby repealed Tn Tft-s—einitl—rety.
SECTION 2. Effective Date: This ordinance shall take effect five (5)
days after its publication.
PASSED BY THE CITY COUNCIL on the 13th day of October, 1986 and signed
in authentication of its passage the same day.
Attest:.
,
C4 ty ly era
. .... . hereby ce"ily riles I rnrr the cay clort
is vndinancs ........
..........
-e ... ... . . .......... . .....
being file Ifue and coned copy of such ordinance which was Published and
posled ev:ordifto to the hows of the State of Washington relating to thirtl-dicss
cNias beginning five clays or mere bqtfore its Aective
.7iy
7 %:10 CJerit