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RES 88-28 SSDP APPROVAL FOR WA DOT FERRY OVERPASSRESOLUTION NO. 88-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WINSLOW, kvASHINGTON, FO~MALIZING APPROVAL OF A SHORELINE SUBSTAN- TIAL DEVEID~ PERMIT FOR THE WASHINGTON STATE DEPART- MENT OF TRANSPORTATION FERRY OVERPASS. WHEREAS, an application has been sukmitted to the City of Winslow, Washington, by the Washington State Department of Transportation for a Shoreline Substantial Development permit for the construction of a Pedestrian Overpass and Trail from the Winslow Ferry Terminal, and W}tEREAS, a public hearing was held by the City Hearing Examiner on August 8, 1988, to consider the application, and WHEREAS, the City Council of the City of Winslow, Washington, has determined it to be in the public interest to adopt the Washington State DeparhYent of Transpertation Ferry Overpass application Finding of Facts determined at its regular Council meeting of September 15, 1988, and attached as Exhibit "A" , NOW, THEREFORE, be is resolved by the Council of the City of Winslow, Washington, as follows: Section 1. 11ue application of the Washington State Department of Transportation for a Shoreline Substantial DevelopLent permit for construction of a Pedestrian Overpass and Trail from the Winslow Ferry Terminal is approved. Section 2. The Findings of Fact and Conclusions of Law, attached as Exhibit "A" are hereby adopted by the City Council. RESOLVED this 20th day of October, 1988. ATTEST / AUTHENTI CAT~D: FII.RD WITH THE CITY CI,F. RK: PASSt~D BY THE CITY COUNCIL: RESOLUTION NO. 88-28 ALICE B. TAWRES~~~ September 30, 1988 October 20, 1988 CITY OF BEFORE THE COUNCIL OF THE CITY OF WINSLOW In re the Application ) for a Shoreline Substantial ) Development Permit by the ) Washington State Department ) of Transportation for a ) Pedestrian Overpass and ) Connector to Trail Easements ) from the Ferry Terminal ) This matter came before the final action on September 15, 1988, which time applicant and public additional public hearing before 625 Winslow Way East Winslow, Washington 98110 206-842.7633 File #05-18-88-1 City Council Findings of Fact, Conclusions of Law, and Final Order Approving Application City of Winslow Council for at its regular meeting, at input was received. An a decision was considered unnecessary. City Council reviewed the Hearing Examiner's Findings, Conclusions and Recommendations filed as of August 31, 1988. As a result of the foregoing, Winslow City Council decided to approve the application but modify the Hearing Examiner's Findings, Conclusions and Recommendations by entering its own findings and conclusions as follows: The Council adopts as its own the subject Hearing Examiner's Findings of Fact Numbers 1, 3, and 5 - 14; Conclusions of Law Numbers 2 - 4 and 7 - 9; and Recommendations 2, 5, and 6; and does ORDER based on the above, Winslow City Council herewith approves the Shoreline Substantial Development Permit for the Washington State Department of Transportation for a pedestrian overpass from the ferry holding area to its trail connector, as shown on Exhibit A-9, and accepts the Department of Transportation's offer to provide additional construction work at its own expense in implementing same, and holds that an adequate showing has been made that the development is consistent with the master program, is permitted by the general regulations and specific environmental requirements, and will not cause an inconsistent use under the Shoreline Management Master Program, including the extra work in order to link overpass with trailhead. Furthermore, the City of Winslow will negotiate as necessary with the owners of the Eagle Harbour Condominiums to allow connection of the proposed ferry terminal pedestrian path at the northeast corner of the Eagle Harbour Condominiums property. northeast corner of the Eagle Harbour Condominiums property. This connection would be in lieu of the existing easement to link the proposed pedestrian ferry commuter trail with the east beach end of the easement. Such agreement, when effected, should make clear that the existing general public access to the beach along the east edge of the condominium property is not altered. The State Shorelines Hearings Board may approve such agreement if it is deemed a significant departure from its November 15, 1974 Order; The link along the condominium property easement should be separate from the beach access trail. It should be designed to maximize privacy and security for the condominium residences. Both the ferry terminal trail and the City trail across the condominium property easement should meet City standards for width, surface, configuration, landscaping, and handicapped accessibility, if applicable. The trails should incorporate amenities above and beyond minimal requirements: a) Buffers between the pedestrian trails and the vehicle holding area and the condominiums should be more than barren chain link fences; landscaping and vegetation should provide visual and acoustical screening. b) Lighting on the pedestrian trail should be low level for the safety of pedestrians, but should not produce glare, particularly into the windows of the Eagle Harbour Condominiums; If the Council develops a connector path across the Eagle Harbour Condominiums easement and approves Applicant's general proposal, then Applicant should be remanded to the Planning Agency to present a more detailed site plan in compliance with WMC 16.12.860. Adopted in open meeting this 20th day of October, 1988. ATTEST/AUTHENTICATE: ~~v~to~orm: ROBERT O. CONOLEY,~Ci~ OVERPASS ALICE B.