ORD 93-28 PRELIM PLAT ON WEAVER WESTORDINANCE NO. 93-28
AN ORDINANCE of the City of Bainbridge Island, Washington,
approving the preliminary plat and planned unit development
of Weaver West, consisting of 36 single family lots on
approximately 13.9 acres of real property bounded by Weaver
Road on the west and Wyatt Way on the south, upon application
by Connor Development Company and Wyatt & Weaver Associates,
represented by Gary Upper and Paul Pazooki (File Nos.
SUB 06-18-90-1 and PUD 06-18-90-1) .
WHEREAS, Connor Development Company and Wyatt & Weaver Associates
submitted applications for approval of a preliminary plat and a planned unit development (PUD)
for 40 single family lots on 13.9 acres of real property bounded by Weaver Road on the west
and Wyatt Way on the south; and
WHEREAS, on July 24, 1992, a mitigated determination of nonsignificance was
issued for the project; and
WHEREAS, on August 27, 1992 and February 25, 1993, the Planning
Commission reviewed the applications and recommended conditional approval to the hearing
Examiner; and
WHEREAS, on March 22 and 24, 1993, the Hearing Examiner conducted a public
hearing on the applications; and
WHEREAS, on May 17, 1993, the Hearing Examiner recommended conditional
approval of the preliminary plat and the PUD; and
WHEREAS, on June 17, July 15 and August 5, 1993, the City Council
considered the recommendations of the Hearing Examiner and determined that it is in the public
interest to adopt the recommendations of the Hearing Examiner, with certain amendments
described below; now, therefore
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The City Council adopts the "Report, Findings of Fact, Conclusions
of Law, Recommendations and Order Granting Appeals in Part and Denying Appeals in Part"
entered by the Hearing Examiner on May 17, 1993, in the Matter of "an Appeal from an
MDNS, ABC, Appellant; and Appeal from a PUD, Lovell Neighborhood, Appellant; an
Application for Weaver West PUD/Subdivision, Connor Development, and Paul Pazooki Assoc.,
Applicants", File Nos. SUB 06-08-91-1 and PUD 06-05-91-1 (also referred to as File Nos. SUB
-1-
06-18-90-1 and PUD 06-18-90-1), attached hereto as Exhibit A ("Recommendation"), except as
follows:
1. The first sentence of Finding of Fact II (page 10) is amended as follows:
Applicants seek approval of an integrated PUD/Subdivision, to be divided into 40
single-family residential lots with common open space, including a 32,125 square -
foot central park.
2. The first sentence of Finding of Fact V (page 13) is amended as follows:
Access will be from Weaver Road on the west.
3. Conclusion of Law VII of Lovell Neighborhood Appeal (pages 23 and 24) is
amended as follows:
follows:
WMC 18.40.050 provides that "the maximum lot area covered by buildings shall
not exceed twenty-five percent in residential development. " This 25 % lot
coverage restriction applies where there is only a PUD application. Where there
are simultaneous applications for a subdivision and a PUD on the same property,
as here, the lot coverage of the underlying zone applies to the individual lots
created by the subdivision, unless the lot coverage is changed as part of the PUD
approval. The underlying zoning for the project site is medium density single-
family (12,500 square feet), which has a lot coverage of 25 %. For this project,
the lot coverage of 25 % is retained for lots 11 through 21, but is changed to
2,000 square feet for all other lots.
4. A finding of fact is added as follows:
On July 15, 1993, applicant submitted a revised project plan dated July 15, 1993
to the City Council.
5. Conclusion of Law VIII concerning the PUD (pages 34-36) is amended as
As discussed in the Conclusion of Law VII of the Lovell Neighborhood Appeal,
where applications for a subdivision and a PUD are processed simultaneously, the
lot coverage restrictions of WMC 18.40.050 do not apply, and the lot coverage
of the underlying zone applies to the lots that are created in the subdivision,
unless the PUD approval establishes different lot coverage requirements.
6. The last paragraph of Conclusion of Law IX concerning the PUD (page 37)
is amended as follows:
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To allow greater than 25 % lot coverage on lots 11 through 21, and greater than
2,000 square feet lot coverage on all other lots, would be in jarring contrast to
the less densely developed residential neighborhood of the Lovell area
immediately to the east, where a diverse mix of primarily modest homes sits on
generous lots. The PUD's elimination of minimum lot size already could create
a jarring contrast between the small lot sizes of the PUD and the minimum
12,500 square feet lot sizes to the east, many of which are greater than that.
However, the absence of a minimum lot size yields an integrated open space --
wetland and natural buffer and wildlife corridor on the west portion of the site,
a trade-off encouraged by the PUD ordinance.
7. The last sentence of Conclusion of Law X concerning the PUD (page 37) is
deleted.
8. The last paragraph of Conclusion of Law M concerning the PUD (page 38)
is amended as follows:
follows:
The site plan (Exhibit 79), as amended by the revised project plan dated July 15,
1993, depicts a building setback line of 50 feet from the east property line fir kits
19, 20 and 21. No such building setback line is depicted for lots 11 through 18
or lots 22 through 26 on the north side. However, a 20 -foot wide vegetated
perimeter buffer will be required around the entire site in accordance with SEPA
MDNS condition 8(h).
9. Conclusion of Law XV concerning the PUD (pages 39 and 40) is amended as
Former WMC 18.100.060 sets forth criteria to be demonstrated at a hearing on
an application for a PUD. Applicants have demonstrated the following:
A. The proposed planned unit development is in harmony with the spirit
and intent of this title, so long as the conditions in the City's recommendations
are met.
B. Development of the proposed planned unit development will not
adversely affect the health, welfare, safety, lands and lives of other persons, so
long as a 25 % lot coverage requirement is applied to lots 11 through 21 and a
2,000 square foot lot coverage requirement is applied to all other lots, and the
prescribed conditions are met.
C. The proposed planned unit development conforms to the applicable
portions of Chapter 18.88, covering accessory buildings, fences, utilities, and
unsightly structures.
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as follows:
D. Applicants have title and control of all land of the proposed planned
unit development and agree that the land will be developed as one integrated
project.
10. Conclusion of Law XVI concerning the PUD (pages 40 and 41) is amended
The quality of design of the proposed planned unit development is superior to the
quality of the design of similar developments within the City.
In comparison to Commodore West, the Weaver West proposal will have a 75 -
foot natural vegetation buffer along the South Wyatt Way edge of the site and a
wider, natural green belt corridor on the western Weaver Road edge of this
parcel. The interior will be services by a one-way loop access rod rather than
cul-de-sacs and will contain a central neighborhood park. There will also be a
system of pedestrian trails.
11. The first sentence of Conclusion of Law H concerning the subdivision (pages
48 and 49) is amended as follows:"
The proposed subdivision conforms with the general purposes of the
Comprehensive Plan, the zoning code and the land use code if the following
conditions are met: lot coverage for lots 11 through 21 is 25 % and for all other
lots is 2,000 square feet; required buffers are installed; stormwater runoff on the
site is minimized; lots 1 through 3 are eliminated; and the other conditions set
forth infra are met.
12. The Order Regarding Appeals (page 49) is amended as follows:
The appeals are granted in part as follows: Lots 1 through 3 are eliminated; lot
coverage is interpreted as set forth in the conclusions of law concerning the PUD
and the subdivision; and a condition regarding surface water contaminants is
added to the recommendations below. The appeals are otherwise denied.
13. Condition No. 8(h) of the recommendations regarding PUD and Subdivision
(page 53) is amended as follows:
There shall be a minimum perimeter buffer easement of 75 feet along Wyatt
Way, and a minimum perimeter buffer easement of 20 feet around the perimeter
of the remainder of the project site. This buffer shall be either landscaped or in
a natural state and shall have existing or native vegetation in order to rcduce the
impact of undesirable sights, sounds, and odors, and to protect the natural
resources on the project site.
-4-
Section 2. The City Council approves the preliminary plat and planned unit
development of Weaver West, consisting of 36 single-family lots on approximately 13.9 acres
of land that is bounded by Weaver Road on the west and Wyatt Way on the south, and more
particularly described on Exhibit B, attached hereto; provided, that such approval is subject to
the 23 conditions in the Recommendation as adopted and amended in Section 1, and on the
following additional conditions:
24. The applicant shall plant deciduous trees that will reach a mature height of
greater than 50 feet, at intervals of 40 feet, on both side of the internal loop road,
except that, with staff approval trees that will reach a mature height of greater
than 30 feet may be substituted in locations where view corridors may be
obstructed.
25. Front yards shall be at least 20 feet. Each side yard shall be at least 5 feet
and both side yards shall total at least 15 feet. Rear yards shall be at least 15
feet, except that they shall be at least 20 feet where the 20 -foot vegetated
perimeter buffer condition for the entire site applies, and at least 50 feet
(including the buffer) for lots 19, 20 and 21.
Approval further is subject to full compliance by the owner or owners, or developer or
developers, and their heirs, assigns, grantees and successors in interest, with the
conditions of approval of this ordinance.
Section 3. The final plat and final planned unit development plan of Weaver West
shall stated on their faces that they are subject to the conditions of approval as set forth in this
ordinance.
Section 4. This ordinance shall be effective five (5) days from and after its
passage, approval, publication, and posting as required by law.
PASSED by the City Council this 5th day of August, 1993.
APPROVED by the Mayor this 5th day of August, 1993.
AC—S.-I Z___
SAM J G NATO, Mayor
ATTEST/AUTHENTICATE:
USAN P. KASPER, City Clerk
-5-
APPROVED AS TO FORM:
ROD P. KASEGUMA, City Attorney
FILED WITH THE CITY CLERK: 8-3-93
PASSED BY THE CITY COUNCIL: 8-5-93
PUBLISHED: 8-11-93
POSTED: 8-11-93
effective date: 8-16-93
ORDINANCE NO. 93-28
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BEFORE THE CITY COUNCIL
CITY OF BAINBRIDGE ISLAND
In the Matter of the Appeal of:
CONNER DEVELOPMENT COMPANY
and WYATT & WEAVER
ASSOCIATES
from a decision of the Hearing Examiner
granting in part and denying in part
appeals from a threshold determination of
nonsignificance (mitigated) for the
Weaver West subdivision and planned
unit development on a parcel bounded by
Weaver Road on the west and Wyatt Way
on the south.
FILE NO. SUB 06-08-91-1
PUD 06-05-91-1
FINDINGS OF FACT,
CONCLUSIONS AND DECISION
INTRODUCTION
On July 24, 1992, the Director of Planning and Community Development, acting as
SEPA responsible official, issued a mitigated determination of nonsignificance for a
subdivision and planned unit development proposal submitted by Conner Development
Company and Wyatt & Weaver Associates for approximately 13.9 acres bounded by Weaver
Road on the west and Wyatt Way on the south. Thereafter the Association of Bainbridge
Communities filed an appeal from the responsible official's decision. On March 22 and 24,
1993, the Hearing Examiner considered the appeal and, by written decision dated May 17,
1993, issued a "Report, Findings of Fact, Conclusions of Law, Recommendations, and
Order Granting in Part and Denying Appeals in Part," which denied the appeal, but
eliminated lots 1, 2 and 3 and added a condition regarding surface water contaminants.
On May 26, 1993, Conner Development Company and Wyatt & Weaver Associates
INSLEE, BEST, DOEME & RYDW P.S.
ATTORNEYS AT LAW
Security Pacific Plaza, Suite 1900
777 - 108th Avenue N.E.
FINDINGS OF FACT - 1 P.O. Box C-90018
Bellevue, Washington 88009-9016
F:\DMSIRPK10035903.01 ,, i/ 1206) 466-1234
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appealed the decision of the Hearing Examiner to the City Council, which held a hearing on
the appeal on June 17 and July 15, 1993. On August 5, 1993, the City Council by motion
affirmed the decision of the Hearing Examiner.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The City Council adopts the "Report, Findings of Fact, Conclusions of Law,
Recommendations, and Order Granting Appeals in Part and Denying Appeals in Part,"
entered by the Hearing Examiner on May 17, 1993, in the matter of "an appeal from an
MDNS, ABC, appellant; an appeal from a PUD, Lovell Neighborhood, applicant; and an
application for Weaver -West PUD/subdivision, Conner Development, and Paul Pazooki
Assoc., applicants," attached hereto as Exhibit "A".
DECISION
Based on the forgoing Findings of Fact and Conclusions of Law adopted by reference,
the appeal is denied, the decision of the Hearing Examiner is affirmed, and the SEPA
responsible official's mitigated determination of nonsignificance is affirmed, except that lots
1, 2 and 3 are eliminated and the following condition is added:
If deemed warranted by the Department of Planning and Community
Development, applicants shall add a covenant restricting the use of pesticides
and herbicides on the site.
DATED this l o t h day of A„T, .+
FINDINGS OF FACT - 2
F:\DMS\RPK\0035903.01
9
, -"j M.
INSLEE, BEST, DOME & RYDER, P.S.
ATTORNEYS AT LAW
Security Pacific Plaza, Suite 1800
777 -108th Avenue N. E.
P.O. Box C-80016
Bellevue, Washington 88008-8018
(2061466-1234
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