RES 89-51 MASTER PLAN FOR WING POINT EAST AND NORTH HILL AT WING POINTROC:cm
11/2/89
Resolution No. 89-~'/
A RESOLUTION ADOPTING THE NORTH HILL AT WING POINT
WEST/ARONA CORPORATION PRELIMINARY PLAT AND
SUBDIVISION APPLICATION FINDINGS OF FACT, CONCLUSIONS
OF LAW AND DECISION BY CITY COUNCIL; AND, ADOPTING A
MASTER PLAN FOR WING POINT EAST (RES. NO. 89-33) AND
NORTH HILL AT WING POINT.
WHEREAS, the City Council of the City of Winslow, Washington, has
determined it to be in the public interest to incorporate the following
conditions in its approval of the North Hill At Wing Point (SUB 03-10-89-1);
and
WHEREAS, such conditions are in the interests of public health,
welfare and safety; and
WHEREAS the City Council by motions at its regular meeting on
September 21, 1989, unanimously approved the Hearing Examiner's Findings,
Conclusions and Decision and also a comprehensive master plan for North Hill
at Wing Point be adopted incorporating both the Wing Point East (SUB 02-13-
89-1) and North Hill at Wing Point; and
WHEREAS an addendum to the Final Environmental Impact Statements
(FEIS) for Wing Point East (SEPA Determination of Non-Significance [1989] and
adoption of existing environmental document [WAC 197-11-630] re: 1978 FEIS for
Wing Point Fairway View Planned Unit Development [SUB 01-10-78-1]); and North
Hill at Wing Point was prepared on September 18, 1989, in accordance with WAC
197-11-625 and WAC 197-11-706, which did not substantially change the analysis
of significant impacts and alternatives contained in the original
environmental documents.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of
the City of Winslow, Washington, as follows:
1. The Findings of Fact, Conclusions of Law, and
Recommendations in Hearing Examiner File 03-10-89-1, 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" a Finding of Fact that the
North Hill at Wing Point subdivision be merged in a single master plan with
the Wing Point East subdivision added as the following site plans and maps:
1) Master Plan Map (Exhibit "B"), Clearing Plan Map (Exhibit "C"), Cut and
Fill Map (Exhibit "D"), Surface Drainage Map (Exhibit "E"), Master Utilities
Plan (Exhibit "F").
B. Council adds a Finding of Fact and Conclusion of Law
that shall provide for a public park and playground to be funded and donated
by the applicant on Lot 27, Wing Point East, to be dedicated to the City
(Title 17 of the Winslow Municipal Code) for use to include but not be limited
to 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 accommodate 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. Such park will also serve the needs and dedication
requirements of North Hill At Wing Point.
2. The proposed subdivision and master plan are each in
conformity with the Winslow Subdivision Ordinance, and the Zoning Ordinance
and the Comprehensive Plan, Titles 17 and 18 of the Winslow Municipal Code,
and all other applicable land use ordinances.
PASSED BY THE COUNCIL of the City of Winslow, Washington, this
day of ~Tq ~q~-6~l_, 1989.
ATTEST/AUTHENTICATE:
APPROVED AS TO FORM:
ROBERT O. CONOLEY~ City Attorney
ALICE B. TAWRESEY~yor
BEFORE THE
HEARING EXAMINER
CITY OF WINSLOW
RECEIVED
8EP - 1989
CiTY 0f: WINSLOW.F,,/
In the matter of an Application
To Subdivide North Hill at Wing
Point West,
Ted Francis, Arona
Corporation,
Applicant
Findings of Fact,
Conclusions of Law,
and Recommendations
File No. 03-10-89-1
On August 28, 1989, at 7:30 P.M., J. Robin Hunt, City
Hearing Examiner, conducted a public hearing at Winslow City
Hall, to consider the application of Ted Francis, Arona
Corporation (Applicant), for a thirty-nine lot single-family
residential subdivision. The subdivision would be located east of
Ferncliff Avenue, south of Byron Avenue, south and west of Grand
Avenue, west of the newly approved Arona subdivision, Wing Point
East, and northwest of the Wing Point Country Club. It would
include a new nine-hole golf course to be added to the existing
nine-hole golf course of Wing Point Country Club.
Thirty-two people attended the public hearing, including
Sara Barton, who spoke on behalf of Applicant, and Bob Wallar,
Interim City Land Use Administrator. Jennifer Weeks monitored
recording of the hearing. No one spoke in opposition to the
proposal. However, citizens asked questions which focused on the
following concerns:
1. Subdivision access roads' intersections with Ferncliff
Avenue and High School Road;
2. Retention of a 40-feet wide tree buffer between proposed
Isaac Avenue along the western portion of the subdivision and
Ferncliff Avenue;
3. The one-half acre lot, number 27 of Wing Point East, to
be dedicated to the City as a park: a) adequacy to serve 39-lots
of North Hill at Wing Point (West) and 28 lots of Wing Point
East, as well as the children of the apartment complex at the
corner of High School Road and Ferncliff Avenue; and, b)
potential illicit activities due to tree buffer screening from
the road;
4. Ways to insure retention of mature trees and to provide
reparation in the event that those insurances fail;
5. Adequacy of water supply, especially in view of City
water restrictions to alternate days for watering lawns;
6. Durability of the pedestrian gravel pathway proposed for
the east side of Ferncliff Road from High School Road to Wing
Point Way (to be replaced by a paved sidewalk when Ferncliff
Avenue is improved by the City with a possible Local Improvement
District);
7. The merits and detriments of a cul-de-sac versus two
entrances onto Ferncliff Avenue for Isaac Avenue, the access
road for lots 32 through 39 along Ferncliff Avenue;
8. Safety of subdivision intersections along Ferncliff
Avenue, particularly in view of speeding vehicles and restricted
sight lines.
Based on the exhibits in the file, testimony at the public
hearing, and inspection of the Ferncliff edge of the site, the
Hearing Examiner now makes and enters the following:
FINDINGS OF FACT
The subject land comprises 65 acres located east of
Ferncliff Avenue and south of Byron Drive, west of Grand Avenue
and a newly approved subdivision to be known as Wing Point East,
and northwest of the Wing Point Golf and Country Club. A legal
description can be found in Appendix A to the Environmental
Impact Statement, Exhibit 36; this legal description is
incorporated herein by reference.
II
The land is owned by Curtis W. Reeve. Applicant is Ted E.
Francis, operating as Arona Corporation, to whom the owner has
given authorization to proceed with this subdivision
application. Exhibit la. Sara Barton is acting as agent for
Applicant. The project is known as North Hill at Wing Point West.
It would be integrated with Wing Point East, a twenty-seven lot
subdivision on its east border, recently approved by the City
Council.
III
Applicant proposes to subdivide the land into thirty-nine
single family lots, averaging 16,500 square feet in size. On 50
of the project's 65 acres a nine-hole golf course would be
developed for addition to the existing nine-hole golf course of
the Wing Point Golf and Country Club. Lot owners would be given
membership in the Wing Point Golf and Country Club, but would
remain responsible for annual dues and monthly fees.
IV
The topography of the property is generally rolling.
Erosion from surface water has created two natural north-south
stream channels in addition to easterly flowing drainage at the
southwestern corner, where there is also a pond on adjacent
property. Most of the site is covered with mixed deciduous and
second and third growth fir, cedar and hemlock, along with
various other ground covers. See page 3 of the August 28, 1989,
City Land Use Department Staff Report, Exhibit 39. There are no
buildings on the site.
V
The property is zoned low density single family residential,
with a minimum lot size of 15,000 square feet. Thirty-five acres
were recently annexed to the City of Winslow and zoned low
density single family residential. The comprehensive plan
designation is also single family residential. See Ordinance 89-
29, Appendix 5 to Exhibit 39.
VI
Most of the surrounding land is zoned and used for single
family residences. Northwest there is a multifamily apartment
complex at the southwest corner of High School Road and
Ferncliff Avenue. A small automotive repair shop, Hockett and
Olsen, is on the east side of Ferncliff Avenue at the High School
Road intersection. The Wing Point Golf and Country Club lie to
the southeast. Much of the land in the immediate vicinity is
undeveloped.
VII
The lots would be accessed by three roads: 1) Nicholas
Street, running east from High School Road at Ferncliff Avenue to
a cul-de-sac, which would serve Wing Point East and intersect
with Grand Avenue; 2) Alexander Place, a cul-de-sac running north
and south to form a "T" with Nicholas Street; and, 3) Isaac
Avenue, running north and south to serve lots 32 through 39,
intersecting with Ferncliff Avenue. Two configurations are
being considered for Isaac Avenue: 1) a cul-de-sac at the south
end of Isaac Avenue with a single entrance onto Ferncliff Avenue
at its north end, approximately opposite Deercliff Road to the
west; and 2) a through street with two entrances onto Ferncliff
Avenue, with the north intersection approximately across from
Deercliff Road and the south intersection several lots south of
Eaglecliff Road. See Preliminary Plat, Exhibits 40, 40a and 41.
Final decision on the configuration of Isaac Avenue is dependent
on further traffic, safety, and engineering studies.
VIII
Interior access roads would include a sixty-feet wide right
of way, at least twenty-four feet of pavement width, and
sidewalks on the both sides. Cul-de-sacs would have radii of at
least forty-feet.
The plans do not provide for street lighting. The City of
Winslow's Police Department has requested street lights for
safety reasons. The City Land Use Department recommends that
street lighting be provided in accordance with City standards.
IX
The property is within walking distance of the Washington
State Ferry to Seattle. Applicant would install a gravel
pedestrian path along the east side Ferncliff Avenue £rom High
School Road (where Nicholas Street would intersect Ferncliff)
south to Wing Point Way. A paved sidewalk connects Wing Point
Way to Winslow Way and the ferry terminal. When Ferncliff Avenue
is improved by the City, Applicant would install a paved
sidewalk along that portion of Ferncliff Avenue which abuts his
property.
X
A forty-feet wide buffer of mature trees would be retained
between Isaac Avenue, serving western lots 33 through 39, and
Ferncliff Avenue. A thirty-feet wide tree buffer around the golf
course would be retained on the back portion of all lots. These
buffers would be enforced by plat restrictions. Applicant may
also submit restrictive covenants to be included in the master
declaration oE covenants, conditions and restrictions. See Draft
Copy Restrictions, Exhibit 43.
This Master Declaration of Covenants and Restrictions
includes provision for retention of natural vegetation and
prohibits removal of mature trees greater than six inches in
diameter, unless necessary to protect life and property, with the
project's architecture review board approval. Applicant has
included restrictions to retain existing streams and to minimize
re-channelling, ~o incorporate drainage detention ponds as
hazards in the golf course, and to require building material in
harmony with natural surroundings, not glaring or brightly
colored.
Lots are being sold to individuals rather than to large
developers. Thus it is hoped that individual lots owners will
retain as many mature trees as possible on the sites.
XI
The property would be served by City water and sewer.
water runoff would be collected in a closed system with oil
separators at drainage detention ponds.
Storm
There have been several
engineering and Department of Ecology studies about the water
and drainage aspects of this proposal. Applicant has accepted the
suggestions contained in these studies.
XII
The plat does not show the location of fire hydrants, nor
does the file contain any review by the Bainbridge Island Fire
Department. Applicant plans to meet required fire protection
standards. Access road and cul-de-sac designs appear to be
adequate for fire and emergency access.
XIII
Draft and Final Environmental Impact Statements (EIS) were
prepared in March and July, 1989, respectively. Exhibit
The EIS includes studies of: traffic impact; drainage;
pedestrian facilities~ police, fire, and school services; and
grass types and fertilizers for the golf course.1
XIV
Concerning traffic impact, the EIS reports that:
The Ferncliff Avenue/High School Road would
continue to operate at a level of service
(LOS) A even with traffic generated by other
local development. In addition it has been
determined that a four-way stop sign is not
needed to maintain LOS A with project related
traffic only. A single stop for the new
eastern extension of High School Road
(Nicholas Street) into the project site would
be sufficient to maintain this level of
service.
Page 17 of the final EIS, Exhibit 36. In addition, a stop sign
would be posted at the Isaac Avenue intersection(s) with
Ferncliff Avenue.
1 Only fertilizers and chemicals government approved would
be allowed, from a list of chemicals approved by the
Environmental Protection Agency and registered for use in the
State of Washington. Some types of chemicals could not be used
in the rainy seasons. Computerized irrigation would reduce the
amount of watering and potential runoff and leaching of
fertilizers. See pages 15 and 16 of the final EIS, Exhibit 36.
XV
Concerning population impact, the EIS reports that:
The proposed 39 residential units is
comparable to two years of new housing
activity in the Winslow area, based on the
twenty dwelling units per year average for
the area in the mid 1980's. It is expected
that these houses would attract families
comparable to outlying areas of Bainbridge
Island. Therefore, an average household size
2.71 persons per household was used to
estimate potential population growth for an
additional 160 residents or roughly a 4%
growth of population.
Page 80-81 of the draft EIS, Exhibit 36.
The Bainbridge Island School District has already exceeded
its projected elementary enrollment and is currently relying on
portable classrooms to supplement permanent classrooms, with some
classes sizes averaging almost 30 students per class as of
February 1989. The middle and high schools had excess capacity
as of February 1989. See pages 59 through 6D of the EIS.
Applicant testified at the hearing that a survey conducted for
potential buyers of lots for Wing Point East included few
families with young children; rather it was attracting childless
couples or families with teen-agers. Thus it is not known at
this time how many young children would be moving into Wing Point
West and its impact upon the elementary schools of Bainbridge
Island.
The additional residents would not appear to have a
detrimental impact upon police and fire protection. The City's
water and sewer systems appear to be able to accommodate the
additional residences. Solid waste collection is handled by a
private collection company, which is currently developing plans
for future solid waste management. See page 61 of the EIS,
Exhibit 36.
XVI
This number of new residents would have an impact on the
City's park and recreational facilities, beyond that which could
be accommodated by the Wing Point Golf and Country Club, for the
same reasons recited in Findings of Fact, Conclusions of Law and
Recommendations for Wing Point East, file No. 02-13-89-1,
Appendix to Exhibit 44 in the instant file.
Lot number 27 of Wing Point East would be developed by the
Applicant and dedicated to the City for a park. Applicant
originally p~opo~ed a passive use, picnic area. In approvin9 the
plat for Wing Point East, the City of Winslow has required that
the park:
Contain slides and swings to accommodate
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.
Page 1 of resolution 89-33, Exhibit
The park would comprise about one-half acre. A fifty-feet
tree buffer containing a trail would separate it from Grand
Avenue on the north. The access road would be on the east side;
residential lot number 20 would be on its south side. Land to
the west is owned as a single family residence. The Planning
Agency and the City Land Use Department are of the opinion that
this park, together with the open space provided by the new nine-
hole golf course, would be adequate to meet park dedication
requirements for the entire North Hill at Wing Point development,
including Wing Point East and West.
XVII
Although there might be some displacement of animals, such
displacement would not be as great as that which would be
generated if the site were developed to its maximum potential.
Instead, the site is only one-third as dense as it could be under
current zoning.
XVIII
On August 16, 1989, the City Planning Agency recommended
approval of the North Hill at Wing Point West subdivision, with
several recommendations:
1. That the City update the zoning map and applicable codes
to meet Ordinance 89-29;
2. That further study be taken to mitigate traffic impacts,
especially access from Isaac Avenue along Ferncliff Avenue, and
should include consideration based on actual experience not to
exceed two years after completion of the final plat;
3. That final acceptance of the drainage plans be
contingent upon the City Engineer's report;
4. That street lighting plans be contingent upon review by
the City Engineer and Chief of Police to ensure that pedestrian,
traffic, and security considerations are met;
5. That fire hydrant placement be at the direction of the
Fire Department and City Engineer;
6. That the zoning ordinance be amended to allow a golf
course as a permitted use within a single family residential
zone. In the event this is not accomplished, then the golf
course should be considered an extension of the existing Wing
Point Country Club golf course;
7. That a thirty-feet no-build buffer zone be retained
between the subdivision and the golf course extension, with a
provision that no trees six inches in diameter or larger be
removed unless hazardous to life, limb or property. The Wing
Point Golf Club was also urged to retain as many trees as
possible in development of the golf course;
8. That Applicant be required to submit a master plat plan,
including North Hill at Wing Point, Wing Point East, and the
proposed extension of the golf course;
9. A comprehensive drainage plan;
10. Covenants to protect the no-cut zone;
11. That no grading permit be issued until final approval
of the drainage plan by the City Engineer;
Exhibit 34.
The Planning Agency concluded its recommendation with the
following remark:
The Agency considers the subdivision with its
golf course extension an asset to the
community and City, if properly installed and
administered in accordance with all
regulations.
Page 3 of Exhibit 34.
XIX
The City Land Use Department also recommends approval with
similar conditions. See the City Land Use Staff Report dated
July 1, 1989, revised August 21, 1989, Exhibit 39.
XX
Notice of the public hearing was published in the Bainbridge
Review on August 16 and 23, 1989. Notice was also posted on the
property. See Exhibits 37a, 37b and 37c.
CONCLUSIONS OF LAW
I
The matter is properly before the Hearing Examiner
II
Notice of the Public Hearing was legally sufficient.
III
The project meets Zoning Code and Comprehensive Plan
requirements for single family residential use and density.
WMC 18.36. does not mention a golf course as a permitted or
conditional use in a residential zone.2 The subdivision
ordinance WMC 17.08, however, specifically provides for
dedication of land for park and recreational purposes within a
residential subdivision, with credit given for private open space
for park and recreational facilities. WMC 17.08.010 and 060. A
private golf course is such a recreational facility. It is a
well-settled rule law that the specific prevails over the general
in cases of conflict. Therefore, the specific park requirements
for residential subdivisions control, even though parks are not
included in the general zoning code provisions for single family
residences.
IV
WMC 17.04.100 A. requires the Hearing Examiner to
review the proposal's provisions for the following specific
items:
1. Drainage;
Streets, alley and other public ways;
Water and sewer facilities;
Street lighting;
Parks and playgrounds;
Fire protection facilities;
School sites and grounds;
Other public and private facilities and
improvements.
The preliminary plat appears to provide adequately for items
1,2,3,5, and 8.
2The addition of nine holes to the existing golf course
cannot be considered an extension of an existing non-conforming
use under WMC 18.92.010. WMC 18.92.020 A. prohibits enlargement
of such non-conforming use.
Item numbers 4 and 6, street lighting and fire prevention
facilities, respectively, have not been specifically provided for
in the preliminary plats. These items will be required by the
City prior to final plat approval.
Item number 7, schools sites and grounds, has not been
provided for. However, the school district has not requested
that Applicant make provision for schools and there are no
guidelines for requiring such provision. Further it is not
known at this time how many young children, if any, will be
residing in the subdivision who would have an impact upon the
school system. Testimony suggests that lot purchasers may have
teenagers or no children, if lot sales proceed similarly to those
for Wing Point East. See Finding of Fact XV.
As to item number 5, Applicant will dedicate a park for use
by residents of the subdivisions and the public. Its location
near the Wing Point East access road entrance to Grand Avenue
would make it accessible to the general public; its proximity to
Nicholas Street would make it accessible to children living in
the apartment complex at the corner of High School Road and
Ferncliff Avenue. Though not centrally located within the
subdivision, sidewalks would provide safe access for the
residents of Wing Point East and West.
As mentioned in Finding of Fact XIV, the subdivision would
be far less densely developed than would otherwise be allowed
under the applicable zoning laws. It would provide substantial
open space in the golf course, which would incorporate natural
streams and storm drainage detention ponds. No-cut zones would
provide substantial tree buffers between residential lots and the
golf course, between residential lots on Isaac Avenue and
Ferncliff Avenue, between ~esidences and hole number 16 at the
north edge of the site, and between hole number 16 and existing
residential lots fronting on Byron Drive. In order to credit
such private open space toward Applicant's park and recreation
dedication obligation, Applicant and the Wing Point Golf and
Country Club must record covenants running with the land,
restricting the use of this land fox park and recreational
purposes, absent consent of the City Council. WMC 17.08.060 C.
V
The issue was raised at the public hearing as to whether a
lot should be set aside for park dedication in Wing Point West as
was done in Wing Point East, as mentioned in Finding of Fact XVI,
supra. It is the position of the City Planning Agency and City
Land Use Department that additional park dedication is not
necessary. The Hearing Examines concurs; I cannot make a
finding of such necessity under WMC 17.08 in light of the
following facts:
10
1. The low density of the development;
2. Provision of a nine-hole golf course and Country Club
membership to lot owners; the golf course would also provide
recreational outlets for people living outside the subdivision,
thus relieving the burden on City recreational facilities;
3. Provision of a park/playground in Wing Point East
accessible to young children inside and outside the subdivision;
and
4. Interior sidewalks and exterior footpaths for safe
walking.
VI
The following facts lead to the conclusion that the public
use and interest would be served by the proposal according to WMC
17.04.100 B. Covenants proposed by Applicant to retain trees and
natural drainage channels; low density development, with green
tree belt buffers; golf course open space; walking distance to
the ferry; access to a public playground to be provided in Wing
Point East; and the capacity of City services to absorb the
increased residents:
RECOMMENDATIONS
The Hearing Examiner recommends approval of the preliminary
plat, with the following conditions:
1. Applicant should submit a master plat showing the inter-
relationship between Wing Point East and West, depicting
sidewalk width, cul-de-sac radii, paved street width, street
light and fire hydrant placement;
2. Applicant should devise a street lighting plan
acceptable to the City Engineer and Chief of Police, to ensure
that pedestrian, traffic, and security considerations are met;
3. Fire hydrant placement should be in accordance with
City standards and approved by the Bainbridge Island Fire Chief
and City Engineer;
4. Applicant should cooperate with the City in designing
and installing pedestrian pathways along Ferncliff Avenue to Wing
Point Way. Applicant should install sidewalks and curbs along
subdivision property fronting on Ferncliff Avenue when future
improvements are made along Ferncliff Avenue;
5. The intersection(s) of Isaac Avenue with Ferncliff
Avenue should be located to maximize vehicle and pedestrian
11
safety and approved by the City Engineer, after concluding his
study;
6. There should be an on-going study with the City Engineer
of the type of traffic control needed for the intersection of
High School Road and Ferncliff Avenue with future adjustments
made if warranted;
7. Applicant should meet the engineering recommendations in
the draft letter dated August 28, 1989, from Kato and Warren,
acting as City Engineer, Appendix 4 to the Staff Report,
Exhibit 39.
8. A plan depicting accurate location of all drainage
facilities should be submitted to the City of Winslow Engineer,
consistent with federal, state and City standards;
9. All necessary easements for effective and efficient
control of stormwater runoff should be presented to the City of
Winslow, with its form and content to be approved by the City
Attorney;
10. The Wing Point Golf and Country Club should be required
to maintain the stormwater detention ponds located on the golf
course;
tl. The City and Applicant should prepare covenants to
waive the right of prospective lot owners to protest the
formation of a Stormwater Management Local Improvement District
(LID);
12. No grading should be undertaken until final drainage
plans are approved by the City Engineer. Any grading and
excavation should conform to City Land Use controls;
13. Applicant should propose and impose restrictive
covenants or plat restrictions to preserve the forty-feet wide
tree buffer along Ferncliff Avenue, west of Isaac Avenue and lots
32 through 39, and the thirty-feet wide tree buffers on the back
portions of all the lots, bordering the golf course;
14. Lot 27 of adjoining Wing Point East should be developed
in accordance with the previous City Council requirement,
reviewed by the City Park Board, and made accessible to residents
of North Hill at Wing Point West;
15. If new environmental impacts are discovered in the
process of development that are not now known, the City of
Winslow Land Use Department and SEPA coordinator should be
immediately notified for determination of environmental
significance;
12
16. The 200-feet portion of proposed Nicholas Street that
is in Kitsap County should annex to the City of Winslow. The
Hockett and Olsen and Richard Corey lots should be part of that
annexation effort;
17. The City Council should take necessary action to amend
the zoning code to include golf courses as permitted or
conditional uses within residential zones; and
18. In conveying the nine-hole golf course to the Wing
Point Golf and Country Club, Applicant should record a covenant
running with the land in favor of the future owners of property
within the subdivision, which cannot be restricted or eliminated
without the prior consent of the City Council, in accordance with
WMC 17.08.060. C.
Dated this 8th day of September, 1989
J. Robin Hunt
Hearing Examiner
13