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RES 96-42 APPROVAL OF PRELIMINARY PLAT FOR INNER HARBOR SUBDIVISIONRESOLUTION NO. 9642 A RESOLUTION APPROVING THE PRELBIINARY PLAT FOR THE INNER HARBOR SUBDIVISION APPLICATION FINDINGS OF FACT, CONCLUSIONS OF LAW, AND RECOMMENDATION. WHEREAS, a preliminary subdivision application was submitted by Madison Avenue Development on March 19, 1996; and WHEREAS, a Notice of Application was issued on May 8, 1996; and WHEREAS, a Mitigated Determination of Nonsignificance and Notice of Public Hearing was issued on July 31, 1996; and WHEREAS, a public hearing was conducted by the Hearing Examiner on September 5, 1996, from which Findings of Fact, Conclusions of Law, and Recommendation were drafted recommending approval of the subdivision; and WHEREAS, on October 17, 1996, the Bainbridge Island City Council considered the recommendation of the Hearing Examiner and determined that it was in the public interest to adopt the Findings of Fact, Conclusions of Law and Recommendation of the Hearing Examiner; NOW, THEREFORE, the City Council of the City of Bainbridge Island, Washington does resolve as follows: Section 1. The Findings of Fact, Conclusions of Law and Recommendation of the Hearing Examiner (SUB03-19-96-1), as set forth in Exhibit "A", which is attached and incorporated by reference, is adopted as the final decision of the Bainbridge Island City Council, except as follows: 1. Condition number 12 is amended as follows: A waterfront permanent trail easement, at least five (5) feet in width, shall be dedicated to the City of Bainbridge Island or its designee prior to final plat approval. The trail easement shall connect to Gowen Place as shown on the 2/14/96 plat drawing, unless the waterfront parcel located adjacent to the west property boundary is further subdivided, in which case the trail easement may be relocated, if feasible, to the water's edge, using procedures for a minor amendment to a subdivision. 2. Condition number 15 is amended as follows: A public pedestrian access shall be provided by way of a five-foot wide walkway along the north sides of lots 9 and 6 and through the interior open space of the loop road. A public pedestrian access shall also be provided by way of the 20 foot -wide pedestrian access and utilities easement between lots three and four. 3. Condition number 17 is amended as follows: Prior to final plat approval by the City Council, the applicant shall comply with requirements in the October 17, 1996, memo from the Fire Marshall and the October 17, 1996 memo from the City's Engineering Technician. Section 2. The approved preliminary subdivision is in conformance with the Zoning Ordinance (Ordinance No. 87-30), the Comprehensive Plan (Ordinance No. 94-21), the Subdivision Regulations (BIMC 17.04) , and Subdivision Standards (Ordinance No. 84-10), and all other applicable land use ordinances. PASSED by the City Council of the City of Bainbridge Island, Washington, this 17`x. day of October, 1996. APPROVED by the Mayor this 18'`. day of October, 1996. JANET K. WEST, Mayor ATTEST/AUTHENTICATE: SUSAN P. KASPER, City Clerk FILED WITH THE CITY CLERK: September 27, 1996 PASSED BY THE CITY COUNCIL: October 17, 1996 RESOLUTION NO. 96-42