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RES 98-16 APPROVING WEAVER CREEK PRELIMINARY PLAT (SUB11-21-97-1)RESOLUTION NO. 98-16 A RESOLUTION of the City of Bainbridge Island, Washington, approving the Weaver Creek preliminary plat (SUB 11-21-97-1). WHEREAS, on November 21, 1997, Highlands, Inc. submitted a preliminary plat application to the Department of Planning and Community Development; and WHEREAS, the preliminary plat application proposes the development of 27 residential lots on 5.31 acres of real property located on Weaver Road N.E. between High School Road N.E. to the north and Wyatt Way to the south; and WHEREAS, the Department of Planning and Community Development reviewed and forwarded its recommendation for conditional approval of the application to the Hearing Examiner; and WHEREAS, on March 9, 1998, the Hearing Examiner recommended conditional approval of the preliminary plat and entered a Findings, Conclusions and Recommendation; now, therefore THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DOES RESOLVE AS FOLLOWS: Section 1 The Findings, Conclusions and Recommendation of the Hearing Examiner (File No. SUB 11-21-97-1), attached as Exhibit "A," is adopted as the final decision of the City Council, except as follows: 1. Finding No. 6 is amended to read as follows: Access to the site is from Weaver Road Northeast. Moji Lane is proposed to extend through the plat to Weaver Road Northeast, which will serve to connect Weaver Road Northeast with Lovell Avenue. Exhibit 2. At the public hearing, testimony was submitted regarding the need for a street connection between Weaver Road Northeast and Lovell Avenue. The City's engineering consultants recommended the roads be 24 feet wide with rolled curb and gutter on each side of the road, consistent with Semi-Rural/Rural standards. Exhibit IF. In order to save some of the trees in the southwest portion of the plat, the road in the "s" section could be reduced to 18 feet. The record indicates a need for a connecting road between Weaver Road Northeast and Lovell Avenue. The connection would be consistent with the West End Infrastructure Ordinance No. 89-24. Access within the proposed subdivision would be provided by Strawberry Lane. That access would be from Weaver Road Northeast to intersect Moji Road within the proposed plat. All lots, with the exception of lots 17 and 18 would have direct access from Moji Lane or Strawberry Lane. Lots 17 and 18 will have access by way of a driveway easement. Exhibit 2; Testimony of Ms. Donnelly. 2. Conclusion No. 2 is amended to read as follows: Conditions of approval are necessary to ensure consistency between applicable city codes and regulations used as the criteria for review of this application as described above. In addition to those conditions recommended by the city planning staff in Exhibit 1, the Hearing Examiner concludes that revised conditions of approval are necessary to reduce traffic impacts, to ensure suitable development of affordable housing and to ensure protection of open space. Specifically, the Hearing Examiner concludes that Weaver Road Northeast may be connected to Lovell Avenue; that the affordable housing shall be required to be of the same design as the market-based housing; and that the open space must be placed within conservation easements. Certain conditions as proposed in Exhibit 1 should be modified and new conditions should be added. These revised conditions of approval are necessary to protect the public interest. Findings of Fact No. 5, 6, 10, 13 & 14. 3. Condition No. 19 is amended to read as follows: The roads shall be 24 feet wide with rolled curb and gutter on each side of the road, except that the road from the northwest corner of lot 21 to the eastern boundary of the subject property shall be 18 feet wide. The 18-foot wide portion of road shall be located so as to avoid significant trees to the greatest extent possible. All roads and hydrants shall be installed and approved prior to any combustible construction on the site. 4. Condition No. 35 is deleted. 5. Condition No. 36 is renumbered as Condition No. 35 and is amended to read as follows: Conditions 9, 10, 16, 21, 32 and 33 shall be listed on the final plat Mylar. 6. A new Condition No. 36 is added to read as follows: The 10-foot easements on both sides of the 3 1-foot right-of-way shall grant utility and other public use rights to the City, as determined by the City Engineer. The easements shall be approved by the City Engineer and executed by the owners of the subject property prior to final plat approval. 7. A new Condition No. 37 is added to read as follows: The City Engineer shall approve the location and design of the traffic circle prior to final plat approval. 8. A new Condition No. 38 is added to read as follows: The construction plans shall indicate the connection of proposed utilities to existing utilities. 9. A new Condition No. 39 is added to read as follows: The City Engineer shall approve the southern boundary location prior to final plat approval. The survey monuments along the southern boundary of the plat shall be indicated on the final plat mylar. 10. A new Condition No. 40 is added to read as follows: A sidewalk shall be constructed in accordance with City standards along Weaver Road Northeast from the northern boundary of the subject property to the northern boundary of Rotary Park at a location approved by the City Engineer. 11. A new Condition No. 4 1 is added to read as follows: Pursuant to an agreement between the owners of the subject property and the Park District, a 15-foot buffer in Rotary Park adjacent to the northern boundary of the subject property shall be established before final plat approval. The buffer shall be landscaped to form a visual screen. The landscaping shall be maintained in accordance with such agreement. Section 2. The proposed subdivision is in conformance with the zoning ordinance, the comprehensive plan, the subdivision regulations and standards, and all applicable land use ordinances and applicable state law in effect at the time of preliminary plat approval. Section 3. The final plat of the Weaver Creek Subdivision shall state on its face that it is subject to the conditions of approval set forth in this resolution. PASSED by the City Council this ~/~ay of May, 1998. APPROVED by the Mayor this :~-~ ~ay of~~ 1998. ~ utto~ DOCS\94700\005\0156196.01 ATTEST / A UTHENTI C ATE: Susan P. Kasper, City Clerk FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. 98-16 D OC S\ 94700\005\0156196.01