RES 89-33 WING POINT EAST/ARONA CORP/TED FRANCIS PRELIM PLATROC:sk
To Be Considered: 8/3/89
REVISED 8/17/89
RESOLUTION NO. 89-33
A RESOLUTION ADOPTING WING POINT EAST/kRONA
CORPORATION/TED FRANCIS PRELIMINARY PLAT AND
SUBDIVISION APPLICATION FINDINGS OF FACT,
CONCLUSIONS OF LAW, AND DECISION BY CITY COUNCIL.
WHEREAS, the City Council of the City of Winslow,
Washington, has determined it to be in the public interest
to adopt the Wing Point East/Arona Corporation/Ted Francis
application Findings of Fact, Conclusions of Law, and
Decision; and
WHEREAS, the City Council wishes to approve the
application for a preliminary plat and subdivision; and
WHEREAS, the City Council of the City of Winslow
wishes to incorporate Exhibit "A" attached for its decision;
and
WHEREAS, the City Council of the City of Winslow
wishes to incorporate exhibit "B" attached for the approval
of the subdivision;
NOW THEREFORE, be i{ resolved by the Council of the City of
Winslow, Washington, as follows:
1. That the findings of Fact, Conclusions of Law,
and Recommendations in Hearing Examiner File #02-13-89, as
set forth in Exhibit "A" hereto and incorporated by reference
except as amended below, are adopted as the final decision of
the City Council.
A. Council adds to Exhibit "A" on page 7,
Finding of Fact XVIII, and page 1Z, Conclusion of Law IX, the
finding and conclusion that any bald eagles have or will be
adequately protected by the existing measures and designs
approved herein.
B. Council adds a Finding of Fact and
Conclusion of Law that shall provide for a public park to be
funded and donated by the applicant on Lot 27, of the
proposed subdivision plat, to be dedicated to the city for
use to include subdivision residents. Such lot shall be one
closest to Grand Avenue and the entrance to Wing Point East
subdivision. It shall contain slides and swings to
accomodate children up to age eight, and include four parking
stalls adjacent to or on the street. Its final design shall
be reviewed by the City Park Board.
-1-
2. The proposed subdivision is in conformity with
the zoning ordinance, the Comprehensive Plan, Chapter 17, and
all other applicable land use ordinances.
3. The proposed subdivision shall also comply with
the conditions of ordinance No. 79-16, to the extent
applicable, for Wing Point Fairway View, as set forth in
Exhibit "B" hereto and incorporated by reference, which may
be satisfied by appropriate fees for such prorata share of
such improvements.
4. The application as above amended is approved
subject to fulfilling all of the conditions set forth in Bob
Wallar's memorandum of 8/17/89, as amended by City Council
handwritten changes to be made appendix "C", thereto.
PASSED BY THE COUNCIL of the City of Winslow, Washington,
this 17th day of AuRust , 1989.
5~TA~WR~
ALICE B.
ATTEST/AUTHENTICATE:
APPROVED AS TO FORM:
ROBERT O. CONOLEY, City Atto~
-2-
" E X H I B I T A "
BEFORE THE
HEARING EXAMINER
CITY OF WINSLOW
In the matter of an Application )
To Subdivide Wing Point East, )
Ted Francis, Arona Corporation, )
Applicant )
)
Findings of Fact,
Conclusions of Law
and Recommendations
Introduction
The Public Hearinq
On March 28, 1989, at 7:30 P.M., a public hearing was
conducted at Winslow City Hall before J. Robin Hunt, City
Hearing Examiner, to consider the application of Ted Francis,
Arona Corporation (Applicant) for a twenty-seven lot single
family residential subdivision. The entrance to the subdivision
would be on Grand Avenue southeast of Byron Drive in the City of
Winslow (the City).
Mike Regis, City Land Use Administrator, spoke on behalf of
the City. Renee Hauge, Hearing Examiner Administrative
Assistant, monitored recording of the hearing. Seventeen others
attended the hearing. Questions focused on drainage, water
courses, open space and park dedication, eagles on or near the
subject site, water supply, whether or not the trail system
would be open to the general public, and whether the 1978
Environmental Impact Statement (EIS) was outdated.
Ann Jacobsen, a neighbor across Grand Avenue, testified that
she has observed American bald eagles in the neighborhood almost
daily. Others also testified about bald eagles in the area of
the golf course.
Brad Collins, a member of the Wing Point Country Club, spoke
in favor of the subdivision proposal, stressing the decrease in
density from the original proposal, the provision of more single
family residences rather than multifamily dwellings in that part
of the City, and benefits to the Wing Point Country Club in
obtaining an additional nine holes of golf.
No one spoke in opposition to the proposal, although Elaine
Hellmuth from the Association Bainbridge Communities (A.B.C.)
felt that the ten-year-old EIS was no longer applicable to the
project and should be updated.
History
This project comprises roughly one-third of a 40-acre Planned
Unit Development (PUD) known as Wing Point Fairway View that was
proposed by owner, Alan Black in 1978. The 1978 PUD would have
provided 125 single-family units and would have increased
Winslow's population by twenty-three percent. See page 2 of the
1978 EIS, Exhibit B-5. Fifty-four single-family lots were
originally proposed for the current project site, known as
parcel 3 of Wing Point Fairway View. See page 4 of the 1978
EIS, Exhibit B-5.
The project was approved subject to several conditions,
including 1) that the City obtain an adequate water supply, and
2) that a water holding tank be constructed on site. See former
Hearing Examiner Walt Woodward's Findings of Fact, Conclusions
of Law and Recommendations of July 28, 1978, File No. X-78-10.
The water supply and water tank conditions have been fulfilled.
Based on the exhibits in the file, the testimony at the
public hearing, and a physical inspection of the site, the
Hearing Examiner now makes and enters the following:
Findings of Fact
The subject land comprises 16.6 acres located east of
Ferncliff Road, south of Byron Drive, west of Grand Avenue and
northwest of the Wing Point Country Club. An exact legal
description can be found at the back of Exhibit C-4,
incorporated by reference.
II
The land is owned by Alan Black. Ted Francis, operating as
the Arona Corporation, is the Applicant seeking the
subdivision. He is authorized by the owner to proceed with this
application. See Exhibit A-2a. Sarah Barton is acting as
agent for the Arona Corporation. The project is known as Wing
Point East.
III
Applicant proposes to subdivide the land into twenty-seven
single family lots about 110 feet by 150 feet in size. Item
A.11. p.1, Exhibit A-5. Alan Balck also owns land to the west
of the project site: in a separate application called North
Hill at Wing Point, he proposes to subdivide that land into
thirty-nine additional single-family lots. Both projects
together would add nine holes of golf to the Wing Point Country
Club in exchange for entry membership into the Country Club for
the lot purchasers; only a portion of one hole would come from
the subject site. Such membership would not include subsequent
annual membership fees.
IV
The property's topography is "rolling," with the steepest
grade being 5%. Item B.i., Exhibit A-5.
The land is currently forested with alder, maple, willow,
madrona and second and third growth evergreen trees.
Application for a Department of Natural Resources forestry
permit was pending as of December 10, 1988, when the
Environmental Checklist was filed. Exhibit A-5, item A.9.
There are no buildings on the site.
The property is zoned low density, Single Family Residential,
with a 15,000 square feet minimum lot size where sewer hook-up
is provided. Applicant is proposing approximately 16,500 square
feet per lot. The Comprehensive Plan designation for the land
is Single Family Residential.
VI
Properties to the north, south, east, and west are zoned
single family residential, with a portion of Wing Point Golf
Course lying also to the east and further to the south. Much of
the adjacent land is vacant, with single family dwellings
situated east across Grand Avenue.
VII
The lots would be accessed by a single driveway with an
entrance on Grand Avenue southeast of Byron Drive. There would
be a stop sign where the driveway exits onto Grand Avenue. The
driveway would be built to City standards with a forty-feet
wide right-of-way, twenty-four-feet wide pavement, and sidewalks
along both sides. It would curve slightly to the southeast and
end in a culdesac. Exhibit A-5, item a.ll. When and if the new
thirty-nine lot subdivision to the west is constructed, another
access road would connect westward to High School Road.
VIII
Applicant wishes to substitute lower level street lighting
which would not be as bright as that required by current
subdivision standards. The City Planning Agency favors this
proposal. Exhibit C-3.
IX
The property would be served by City water and the water tank
on Grand Avenue. A sewer line would be connected through to
Azalea Avenue. Individual lots would have storm drainage
control. Stormwater run-off would be collected by an open
system of grassy swales with culverts as needed at driveways
and road crossings. Item B.3.c.l., Exhibit A-5. Storm
drainage retention would be provided by two lakes south of the
property, also to be used as part of the golf course. Out-flow
would be controlled. Drainage would also be controlled during
the construction phase.
Exhibit A-4, preliminary plat, depicts three fire hydrants
spaced approximately 600 feet apart along the interior access
road, with one located near its intersection with Grand Avenue.
XI
An Environmental Impact Statement (EIS) was prepared in
August of 1978 in connection with the 40-acre Wing Point Fairway
View Planned Unit Development proposed by Alan Black. See
Exhibit B-5. Mike Regis, City Land Use Administrator, reviewed
the 1978 EIS in connection with the current 16.6 acre proposal,
conferred with Barbara Ritchie of the State Department of
Ecology, and concluded that the 1978 EIS is applicable to the
current proposal without updating. See Exhibit B-1.
A draft EIS was also prepared in March of 1989 in connection
with the other 39-1ot subdivision proposed to the west, to be
known as North 1
Hill at Wing Point. See Exhibit H-2, the
preliminary site plan submitted at the public hearing.
XII
Applicant forecasts that approximately 75 to 100 residents
will reside in the project after lots are purchased and houses
built. Exhibit A-5, item B.8. One-third of these new residents
are expected to be children. This project would produce new
1 This land was not included in the 1978 Wing Point
Fairway View PUD proposal or draft EIS.
houses and increase population in excess of a full year's two
percent average growth in Winslow. 2
XIII
The property is expected to generate an average of four
vehicle trips per day per lot or 104 trips, with peak volumes
during commuter rush hours. There has been no evidence of this
additional volume causing unmanageable congestion or safety
hazards on Grand Avenue. See Wing Point Expansion, Traffic
Impact Study, prepared by Entranco on January 11, 1989, covering
both this project and the subdivision to the west, Exhibit J-1.
Concern was expressed, however, for school children crossing
over to the school bus stop on the northwest corner of Byron
Drive and Grand Avenue.
XIV
Applicant also proposes a fifty-feet wide buffer between lot
number 27 and Grand Avenue, northwest of the entrance to the
subdivision. Applicant proposes a thirty-feet wide, non-
buildable buffer along the back edge of each of the lots. See
Preliminary Site Plat, Exhibit H-2.
XV
The buffers at the project entrance along Grand Avenue and
along the back-sides of the lots provide some open space on-
site. Applicant plans to give to Wing point Country Club the
open space in the southwest corner of the parcel. This open
space is to be used to expand the golf course; in return each
resident of the subdivision would be given membership in the
Wing Point Country Club. Individual lot owners, however, would
2 These figures are extrapolated from the March 1989 EIS
prepared in connection with the 39-unit North Hill at Wing Point
subdivision proposed to the west of the subject site. See page
53 for Winslow's population of 3300 in 1987 and pages 80-81 for
Winslow's average of 20 new homes per year and average of 2.71
persons per household. The 39-unit subdivision to the west
projects an increase of 106 residents, causing a roughly four
percent increase in Winslow's population.
See also the City's 1987 Comprehensive Plan, Ordinance 87-29,
page 9, which forecasts that :
The population of Winslow will grow at a
moderate 2-6 percent rate over the next five
years.
be responsible for subsequent annual membership fees. No space
on-site has been set aside for recreation or parks.3
Applicant is of the opinion that the one-third acre size of
each lot is adequate to provide backyard recreational
opportunity for each family and that children can also play on
the sidewalks. Exhibit I-7.
XVI
The Wing Point Country Club is not open to the public; it is
accessible only by private membership and payment of substantial
fees. Children are not encouraged to play on the golf course
except during the annual Easter egg hunt or when it snows. The
country club has an outdoor swimming pool which is open for
three summer months and some lawn area for children to play
there are also tennis courts. Golf is the primary outdoor
recreational opportunity offered by the Wing Point Country Club.
There are no City parks near the proposed subdivision. It
appears that when the additional thirty-nine lots of North Hilll
at Wing Point are developed to the west, no additional open
space and recreational area, other than the additional nine
private holes of golf, will be made available to the subdivision
lot owners or to the general public.
XVII
The 1978 EIS pointed out that:
Additional population growth will result in
greater use of existing parks and other
recreational facilities.
Exhibit B-5, p. 60. This EIS has been deemed applicable to the
subject proposal. See Finding of Fact XIX, infra.
Adding 27 new families onto sixteen and one-half acres as
proposed will have an adverse impact on the City's parks and
recreational facilities for the following reasons:
1. One-third acre lots do not provide adequate
recreational opportunities for larger-scale
outdoor activities. Utilizing the access road
for recreation would not be safe, especially
3 The larger, more dense 1978 PUD proposal would have
formed a U-shape around the open space of Wing Point Golf Course
and would also have provided two large recreational areas on-
site to "meet the needs of the development and the community."
Page 60, Exhibit B-5.
when and if the access road eventually connects
to busy High School Road and. Ferncliff Avenue.
2. Membership in the Wing Point Country Club
will not meet the 27 families' recreational
needs. Not everyone plays golf or tennis for
recreation. Swimming is restricted to the three
summer months. There are no playground
facilities at the Country Club. Except for the
annual Easter egg hunt, snow sufficient for
sledding, and children's golf lessons, children
are not encouraged to use the golf course for
recreation. Moreover, there is no assurance that
any or all of the lot owners will continue to
pay annual membership fees and avail themselves
of the Wing Point Country Club to meet their
recreational needs.
3. The project's proposed addition of two
percent to the City's population or one year's
average growth with no substantial recreational
areas provided on site, would have a negative
impact on the City's existing recreational
facilities. People, especially children, need
space for recreation somewhere. If it is not
available on-site then they will use the City's
and other island facilities.
XVIII
The 1978 EIS reports at page 47 that an American Bald Eagle
was cited in the area, but with no known nest on the site or the
surrounding area. At the public hearing Ann Jacobsen, a
neighbor across Grand Avenue, testified that she believed there
was an eagle's nest around the area, probably on the east side
of Grand Avenue near the shore of Puget Sound. See has lived
at her home since 1960 and sees bald eagles in the area almost
daily, year round. She has seen three or four go by at a time,
flying somewhat north of her house; some have perched on tall
trees on her property. Others also testified to seeing four or
five eagles flying in the area back and forth over the shore or
above the golf course, usually heading north from the golf
course. Sylvia Carlton-Cordaro has spoken to witnesses who feed
eagles in the winter near the golf course and who have seen both
young and adult eagles in the area. It appears that there is a
perching area, perhaps a nesting area, north of the project site
but not on the site. Exhibit I-7, March 29, 1989 letter from
Sarah Barton, with Department of Wildlife letter attached.
Applicant Ted Francis and a representative of the Department
of Wildlife will be flying over the subject site on April 11,
1989, to look for an eagle's nest. Applicant invited
Ms. Carlton-Cordaro, who has been working with the government
agencies in charge of reporting eagles, to accompany them on the
fly-over.
Applicant is willing to take reasonable steps to protect any
eagles which may be found on or near the property. Applicant
has acted sensitively and responsibly in attempting to determine
whether or not bald eagles roost or nest in the area. Applicant
will attempt to retain any tall trees on the land. The land
will not be generally cleared; most clearing will be left to the
individual land owners at their discretion, resulting in
removal of about 50% of the natural vegetation for homesites.
Exhibit A-5, item B.4.b. Covenants will provide time limits
between clearing and re-vegetation for each homeowner/builder.
Exhibit A-5, item B.4.d..
XIX
The City Land Use Administrator filed a Determination of Non-
Significance (DNS) on February 13, 1989. See Exhibit B-1. On
February 24, 1989, the Association of Bainbridge Communities
(ABC), represented by Elaine Hellmuth, submitted a letter
opposing the adoption of the 1978 EIS as being "no longer
pertinent to the present proposal." See Exhibit F-7. On
February 27, 1989, a notice of appeal from the determination of
non-significance was received from Sylvia J. Carlton-Cordaro,
requesting that a study be done for threatened bald eagle
species, which had been observed near the project area. See
Exhibit F-8. The Association of Bainbridge Communities (ABC)
also appealed the DNS on February 27, 1989. See Exhibit F-9.
Further elaboration on the ABC appeal was submitted on February
7, 1989, in a letter from Ruth Schaffer, Exhibit F-iO. The
Hearing Examiner's file does not show what action, if any, the
City took in response to these appeals.
XX
On March 6, 1989, the City Planning Agency recommended
approval of the preliminary plat. Exhibit C-3.
XXI
Notice of the public hearing was published in the Bainbridge
Review on March 8 and 15, 1989. Exhibit D-3. Notice of the
hearing was posted in four places on and around the property on
March 8, 1989. Exhibits D-2 and D-4. On March 29, 1989, the
hearing examiner observed one notice posted on the property near
the proposed entrance on Grand Avenue.
Conclusions of Law
This matter is properly before the Hearing Examiner.
II
Notice of the public hearing was legally sufficient.
III
The proposal meets the zoning code and comprehensive plan
requirements for single family residential use and density.4
The preliminary plat appears to provide adequately for the
following items required in WMC 17.04.100:
Drainage;
Streets, alley and other public ways;
Water and sewer facilities;
Fire protection facilities;
Other public and private facilities and
improvements.
The Hearing Examiner will leave the matter of the street
lighting, item 4, to the City Land Use and Engineering
Departments, realizing that a fine balance may be struck between
lighting necessary for safety and aesthetic values of reducing
light and glare that impinges upon the quiet, rural feel of the
neighborhood. Item 7, school sites and grounds, has not been
specifically addressed in connection with the current proposal.
It appears that the Bainbridge School System would be able to
accommodate twenty-seven families in the new subdivision.5
The proposal does not make adequate provisions for parks and
playgrounds, item 5 under WMC 17.04.100.
See Conclusions IV-VII, infra.
4 The pro3ect would be less densely developed than legally
allowed or initially proposed in 1978.
5 The Bainbridge Public School system's ability to
accommodate thirty-nine new families has been addressed in the
March 1989 EIS proposal prepared in conjunction with the North
Hill at Wing Point proposal. See pages 59-60 of Exhibit J-2.
IV
WMC 17.08.010 provides as follows:
It is the policy of the City to require the
dedication of land within a proposed
development, where it is deemed necessary, for
park and recreational purposes, as a condition
of final approval of a residential
subdivision .... ; provided, that such
dedication must be reasonably necessary as a
direct result of the proposed development.
Dedication of land for park and recreational purposes on-site
is reasonably necessary as a direct result of the Wing Point
East development.
WMC 17.08.040 through 17.08.080 provide criteria and
procedures for dedicating land open to the public on-site or
off-site; open space for private park and recreation facilities
to be used only by owners of the subdivision; and/or a fee in
lieu of such dedication. The purpose of these provisions is
to mitigate the impact of a proposed development
on city parks and recreational facilities.
WMC 17.08.050
VI
The proposal to donate open space to the Wing Point Country
Club to be used as part of the golf course cannot be deemed
"private open space park and recreational facilities" under WMC
17.08.060 and credited toward satisfying the recreational space
requirement. The standards for such crediting are delineated in
WMC 17.08.060, subsections A through F. They are not met by the
Wing Point Country Club land gift.
Under subsection WMC 17.08.060.C., the use of private open
spaces must be "restricted for park and recreational purposes by
recorded covenants which run with the land in favor of future
owners of property within the subdivision." Since Applicant
plans to give the land to the Wing Point Country Club, future
use is not guaranteed to the subdivision owners and could be
restricted or eliminated without prior consent of the City
Council, contrary to the provisions of WMC 17.08.060 C. Also,
euch use is automatically eliminated if the lot owners
discontinue payment of annual Wing Point Country Club membership
fees.
10
VII
Further, donation of open space to a private golf club does
not provide for the general park and recreational needs of the
residents of the subdivision
in such manner as to reduce the impact on
existing park and recreational facilities
within the city ....
Nor will it
reduce the need to provide new park or
recreational facilities within the City.
WMC 17.080.060 F.
Standing alone or taken cumulatively with the additional
thirty-nine lots proposed to the west, the twenty-seven
families who would inhabit the subdivision would place
substantial increased burdens on the existing park and
recreational facilities in the City and might create a need for
the City to provide new facilities if recreational space is not
provided by Applicant.6
6 Provision of recreational open space, including a
playground or play space for children, has been a City
requirement applied to other subdivisions as well. The
Eaglecliff/Deercliff subdivision west of Ferncliff Avenue has
recreational open space and playground equipment at the back of
one of the lots. The Madison Avenue Townhouse PUD/Subdivision
contributed money to the City park fund because there was not
sufficient space on the small property to provide for
recreational needs on-site. The Whited Plat Second and Third
Additions will provide recreational open space on part of the
Third Addition property. Mike Regis testified at the public
hearing that a playground was required in a subdivision called
Wing Point North.
Though not subdivisions, a contrast between two multi-family
residential complexes is illustrative of the public interest in
on-site recreational space and the detriment to the public where
little or none is provided. The Island Terrace apartment
complex at the corner of High School and Ferncliff Roads has
grassy open space and playground equipment on-site~ children
are often seen playing there. In contrast, the newer Island
Homestead apartment complex, stretching between Wyatt and
Knechtel Ways, has developed much of its open space with bark-
chip covered slopes, unusable for recreation~ the grassy areas
are too small for recreation. Residents go to other property or
parks to meet their recreational needs.
ll
VIII
Because of the park and recreational facility deficiency,
the preliminary plat as proposed does not serve "the public use
and interest" as required by WMC 17.04.100. This deficiency,
however, can be remedied by Applicant as follows:
Retain open space for recreational use on-site rather
than giving it to Wing Point Country Club;
Dedicate one the lots for open space and recreational
use by the residents of the other lots;
Provide a centrally located recreational area and open
space to be used by this subdivision together with the
residents of the new thirty-nine lot subdivision to the
west. Such space should be of a size adequate to serve
the residents of both subdivisions~
Dedicate land to the City for use by the subdivision
residents as well as the public for recreational
park and playground purposes. Such dedication would
offset the impact of subdivision residents on other City
parks. It would also further the City's goal of
providing "park and recreational facilities throughout
the City, convenient to each neighborhood." 1987
Comprehensive Plan, page 73, Ordinance #87-29.
Pay a fee in lieu of park dedication in an amount
commensurate with the impact that the 75 to 100
residents would have on the City's park and
recreational facilities, taking into account the
probable 25 to 33 children who would live there; or
Propose some other plan to 1) fullfill all or most of
the recreational needs of the families that would
inhabit the proposed subdivision, or 2) satisfy some of
the recreational needs of the subdivision residents as
well the general public. Such proposal should be
submitted to the City Council for approval.
IX
Evidence to date indicates that American bald eagles have
been seen in the general area but have been neither perching nor
nesting on the proposed site. Based on such information the
project would not create a detriment to the bald eagles of the
area. However, if the Department of the Wildlife fly-over on
.April 11, 1989, provides evidence to the contrary, then the
Hearing Examiner retains the right to re-open the public hearing
and/or modify these Findings of Fact, Conclusions of Law and
Recommendations in order to protect any bald eagles that are
12
dependent upon the property. Rather than postpone entering
these Findings of Facts and Conclusions of Law pending the fly-
over, the Hearing Examiner is relying upon the Applicant's
integrity and sensitivity to the eagle issue, and the
likelihood that eagles will not be found to be dependent upon
this piece of property.
X
To date the Hearing Examiner has not seen a recommendation
submitted by the City Engineer recommending approval or
disapproval as to the engineering aspects of the proposed
subdivision as required by WMC 17.04.090. One should be
provided prior to the City Council's consideration of the
preliminary plat.
Recommendations
The Hearing Examiner recommends approval of the preliminary
plat to be amended, as follows:
Adequate provision for the recreational needs of
the residents of the subdivision must be
included on-site or near-by, in a manner
consistent with Conclusion VIII. Such area must
be large enough to accommodate either the
projected 75 to 100 subdivision residents or a
substantial portion of these residents and the
general public. Its recreational use must be
guaranteed by recorded covenants.
If it becomes clear that American bald eagles
are nesting or roosting on site, then the plat
should be modified to preserve the bald eagle
habitat accordingly.
Dated this 10th day of April, 1989
· Robin Hunt
Hearing Examiner
13
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" E X H I B I T B "
ORDINANCE 79 - 16
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TM [:Jl!!~l'~' ;~UD1TOil
AN ORDINANCE OZ TBZ CITY OF ~ NSLd~-!'AtJTHORIZII~G"'~RASER
DEVELOPMENT CORPORATION TO DEVELOP PROPERTY COEL, vlONLY
KNOWN AS "WING POINT FAIRWAY VIEW" AS A PLANNED UNIT
DEVELOPMENT PURSUANT TO ORDINANCE NO. 69 - ]6, AND
AMENDING THE COMPREHENSIVE PLAN AND ZONING MAP OF THE
CITY OF WINSLOW AS IT APPLIES TO THAT PROPERTY
WHEREAS, Fraser Development Corporation (hereinafter "the
DevelOper") has filed with the City of Winslow an application
and amended application for a proposed planned unit development
pursuant to Ordinance 69-16, and
WHEREAS, the Winslow Hearing Examiner held public hearings
on this amended application on June 26, 1978, and July 11,
1978, and after entering Findings of Fact and Conclusions of
Law recommended that the City Council approve the proposed
planned unit development subject to conditions, and
WHEREAS on June 4, ]979, the Winslow City Council fully
considered the amended application of Fraser Development
Corporation, Findings of Fact, Conclusions of Law and
Recommendation of the Hearing Examiner, and the materials
submitted for review with respect to Wing Point Fairway View
and voted to approve the Wing Point Fairway View planned unit
development (hereinafter "the PUD") subject to conditions;
NOW, THEREFORE, The City Council of the City of Winslow DO
ORDAIN as follows:
1. Subject to the conditions se~ forth in Paragraph 2
below, the PUD, as described in the documents listed
in Subparagraphs 1.a. through 1.d. immediately below,
is approved.
a. Application for approval of Wing Point Fairway
View property as a planned UDit development as
set forth in the letter, with attachments, of W.
Daniel Calvin to the James A. Root dated December
29, 1977, as modified by the letter of Alan F.
Black to the City of Winslow c~ated June 19, 1978.
7908270117 -1-
Site PlaD dated June 25, 1978, entitled Proposed
Alternate for Wing Point Fairway View, attached
as Exhibit "2" to Findings of Fact, Conclusions
of Law and Recommendation of the Winslow Hearing
Examiner.
Recorded Warranty Deed and Agreement between Alan
F. Black and Wing Point Community, Inc., filed
with the City of Winslow on May 24, 1978, as
adjusted by agreement between Wing Point
Community Club, Wing Point Golf and Country Club
and Alan F. Black on behalf of Fraser Development
Corporation and outlined in their letter with
attachments to Mr. John Holman dated February 26,
1979.
Legal description of Wing Point Fairway View on
file with the City Engineer.
Approval of the PUD is subject
conditions:
a.
790 3270117
to the following
Conformity to Proposal - Development of the PUD
shall conform to the description contained in
Paragraph I above.
Provisiens for Dra]Dage - The developer shall
provide on-site retention facilities equipped
with pollutant separator mechanisms. These
facilities sha!] be maintained and monitored by
the City of Winslow.
other Public Ways,
Streets, Alleys and
Alternative Conditions -
1)
No occupancy shall be permitted in the PUD
until the following improvements and
conditions exist:
a) Gravelled walkways on both sides of
Cherry Avenue providing at ]east
minimum pedestrian safety as determined
by the City Engineer.
-2-
2)
b) Walkways on both sides of Wing Point
Way N.E. from Cherry Avenue to
Ferncliff Avenue N.E. providing at
].east minimum pedestrian safety as
determined by the City Engineer.
c) Walkways on both sides of Ferncliff
Avenue N.E. from the northern limit of
the proposed Island Land Subdivision to
Winslow Way East providing at least
minimum pedestrian safety as determined
by the City Engineer.
d) Motorist safe vision, as determined by
the City Engineer, in both directions
at the intersections of Cherry Avenue
with Wing Point Way N.E. and of Wing
Point Way N.E. with Ferncliff Avenue
N.E.
As an alternative to the conditions on
occupancy under Paragraph 2.c.]) above, the
developer may elect at the time of the
issuance of the building permit or within
two years of the date of the passage of this
ordinance, whichever is sooner, to pay to
the City of Winslow an amount of money to be
determined an~ paid in accordance with the
following provisions:
a) The total cost, as designated by the
City Engineer, on attached Exhibit 1,
of putting in gravelled walkways
providing at ]east minimum pedestrian
safety on both sides of Cherry Avenue;
plus
18 fR 993
7908270117
-3-
b) Two-thirds of the cost, as designated
by the City Engineer, on attached
Exhibit 1, of putting in sidewalks
providing at ]east minimum pedestrian
safety on both sides of Wing Point Way
N.E. from Cherry Avenue to Ferncliff
Avenue N.E., plus
c) One-third of the cost, as designated by
the City Engineer, on attached Exhibit
1, of putting in sidewalks providing at
least minimum pedestrian safety on both
sides of Ferncliff Avenue N.E. from
Winslow Way East to Wing Point Way N.E.
and from Wing Point Way N.E. to
Eaglecliff; plus
d) An additional sum equal to twenty
percent (20%) of'the total of the costs
set forth in Paragraphs 2.c.2)a),
2.c.2)b), and 2.c.2)c) above, as
desj. gn~ted on att~che~ Exhibit 1, by
the City Engineer, to offset the
effects of inf].ation.
e) The sums described ~n Paragraphs
2.c.2)a) through 2.c.2)d) above, shall
be paid at the time the developer
elects alternative 2.c.2).
f) All sums paid by the developer pursuant
to Paragraph 2.c)2) shall be placed in
a special street fund created at that
time for the purpose of alleviating
problems peculiar to the traffic
pattern in East Winslow.
d. W~ter and Sewer Facilities - No occupancy shall
be permitted in the PUD until the following
improvements and conditions exist:
790827OlJ. 7 [ 11.82
-4-
796 27GI17
1) The City acquires an additional water supply
equal to 0.6 gallons per minute for each
residential hookup approved for each phase
of the proposed development. In view of the
fact that the density of the PUD is less
than that allowable under single-family
zoning, the ' PUD will be considered
single-family from the standpoint of water
priority.
2) The City establishes a water tank on a high
point of the PUD property with connections
which are adequate in the opinion of the
City Engineer.
Street Lighting - Underground electrical service
to City standards, accent lighting, and lighting
for all interior streets and walkways and shall
be provided in accordance with the plans
submitted to the City by the developer.
Parks ~nd Playgrounds - Recreational areas shall
be provided in accordance with the plans
submitted to the City by the developer including
at least two large organized recreation plats,
jogging and bicycle trails and a fifty foot (50')
buffer zone along the PUD's boundary with Grand
Avenue.
Fire Protection Facilities - No construction
sha]_l be commenced until fire-flow of water
meeting City standards is in place at the PUD
property.
Other Public and Private
Imprcvements - All artjc].es of
other necessary documents
proposed Wing Point Fairway
Facilities and
incorporation and
relating to the
view Homeowners
Association and the Dec].aration of Condominium
shall be approved by the City Attorney.
E[t 182[R 995
-5-
Plans and Specifications - All plans and
specifications for each of the four phases of the
development must be ~eterm]ned to be in
compliance with the City standards by the City
Engineer.
Compliance with Provisions of Ordinance - Any
development of the Iproperty or construction on
the prcperty may be halte~ by the City Engineer
when in his opinion there has been a failure to
comply with the provisions of this ordinance.
The ]n[erpretation of the City Engineer as to
compliance with the prOviSioDS Of this ordinance,
unless over ruled by the City Council, shall be
final; and the developer's failure to abide by
such interpretation shall result in the
suspension without liability to the City of
Winslow of the PUD approval contained in this
ordinance until compliance occurs.
Other Permits - Approval of this PUD as contained
herein does not authorize construction, grading,
preliminary preparation of the property or any
other ~evelopment. Prior to undertaking any
activity on the PUD property, the developer must
obtain such permits as are required by law.
Litigation - In the event any litigation occurs
for the purpose of interpreting the requirements,
conditions and restrictions contained in this
ordinance, the prevailing party sh~ll be ent]tle~
to be reimbursed for the costs of such
litigation, including a reasonable attorney's fee.
790827011.7
-6-
"3. The comprehensive plan and zoning map of the City of
Winslow be 8nd hereby are deemed amended to reflect
that Wing Point Fairway View, the legal description of
which is on file with the City Engineer, is designated
a planned unit development and is to be developed in
conformity with the provisions of this ordinance.
This ordinsnce shall become effective five (5) days after
publication or posting as required by law.
PASSED by the City Council. of Winslow,
4thday of June, 1979.
Washington, this
ALICE B. TAWRESEY ,~YOX~~R
ATTEST:
APPROVED AS TO FORM:
·: " /.,.t, ) i./"': .....
<":.>. ~. ~. l. ,/(. · ..~ ~.. ~
ROBERT W. MCKISSON
OF MCKISSON, LEHNE AND ASSOCIATES
CITY ATTORNEYS
-7-
" E X H I B I T C "
August 17, 1989
MEMORANDUM
TO:
Mayor & City Council
FROM:
Robert E. Wallar
Acting City engineer & Land Use Administrator
Subject: Wing Point East Subdivision AB 530, August 3, 1989
Tabled to City Council Meeting of August 17, 1989
RECOMMENDATION:
Approve with conditions:
Conditions of approval:
A. General Conditions
1. Before issuance of a grading permit, the petitioner
submit to the City a master site plan for wing Point East and
North Hill at Wing Point subdivisions including final
detailed drainage and environmental impacts documentation to
the satisfaction and approval of the City of Winslow City
Council. That any grading and excavation conform to all city
of Winslow land use controls (e.g., SEPA, drainage).
2. Before approval of the final subdivision plans the
petitioner will finalize all documented concerns (e.g.,
traffic, conditions required of the original PUD for the
site) of the City of Winslow and the Ctty's consulting
engineers.
B. SDecific Conditions
1. DrainaRe. Develop final drainage plan in conformance
with City of Winslow regulations and guidelines proposed by
the City's consulting engineers. Open drainage channel
recommendation from cul~de-sac to retention pond on Wing
Point West property. City will determine if City or
petitioner (and/or assigns) will maintain drainage systems
including retention ponds. Appropriate drainage easements be
provided the City. Covenants be drawn waiving future protest
of storm water management LID.
2. Streets, alleys & other public ways. Trails and
sidewalks consistent with the subject properties
proportionate share be required based upon earlier PUD
approval; and that the trails and sidewalks be integrated
with the plans of Wing Point West. Streets and arterial
circulation be integrated with Wing Point West's plans,
CITY ENGINEER AND LAND USE ADMINISTRATOR'S RECOMMENDATION
Mayor & City Council
August 17, 1989
Page Two
including proposed impacts to Ferncliff Avenue as well as
Grand and Byron Avenues.
3. Water and Sewer Facilities. Consistent with City plans
and programs.
4. Street lightinK. Consistent with City plans and
programs; however, limited lighting is to be applied to the
residential development.
5. Parks and playKrounds. Lot 27 is to be dedicated for
neighborhood park land. The developer is to construct a play
facility per Resolution No. 89-33.
6. Fire protection. Consistent with City plans and
programs.
7. School sites and ground. Impact not recorded by School
District. No condition.
8. Other public and private facilities and improvements.
Portions of project are to be incorporated into the Wing
Point Golf and Country Club's second nine facilities. The
golf course is to be treated as an extension of an existing
club. The City Council should direct the Planning Agency to
consider amending the Zoning Code to address "public golf
courses" and "sports and recreation clubs" as conditional
uses in residential neighborhoods.
The Engineering firm of Kato and Warren, Inc. assisted the
City Engineer in making the technical decisions requiring a
professional civil engineer regarding this recommendation.
Respectfully submitted,
CITY OF WINSLOW
ROBERT E. WALLAR
Acting City Engineer and Land Use Administrator