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RES 94-09 FORMAL APPROVAL OF SSDP FOR WINSLOW WAY OUTFALL PROJECTRESOLUTION NO. 94- 09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, FORMALIZING APPROVAL OF A SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT FOR THE WINSLOW WAY OUTFALL PROJECT (SSDP06-17-93-1). WHEREAS, an application has been submiRed to the City of Bainbridge Island, Washington, by the City of Bainbridge Island for a Shorefine Substantial Development permit for the construction of a new storm drain facility into the existing street with ouffall into Eagle Harbor, and WI-IEREAS, the City of Bahbridge Island Planning Commission found that (1) The development is consistent with the goals and policies of the SMP; (2) The development is permitted by the general regulations; (3) The use is permitted in the residential environment; and (4) The development will not cause an accessory use or activity inconsistent with the goals, policies and regulations in the SMP, and WI4F-REAS, the City of Bainbridge Island Planning Commission determined the proposal was minor in nature, of relatively small scale and generated no significant public controversy, and WHEREAS, the City of Bainbridge Island Planning Commission adopted the staff report as its findings of fact, conclusions of law and recommendation and referred this proposal to the city council without a public hearing before the hearing examiner and that no public hearing was needed, and WHEREAS, the City Council of the City of Bainbridge Island, Washington, has determined it to be in the public interest to adopt the Findings of Fact, Conclusions of Law and Page 1 Resolution//94- , Winslow Way Outfall Project February 9, t994 Recommendation of the Bainbridge Island Planning Commission at its regular Council meeting of March 17, 1994, NOW, THEREFORE, be it resolved by the Council of the City of Bainbridge Island, Washington, as follows: Section 1. The application of the City of Bainbridge Island for construction of a new StOtm drain facility into the existing street with outfall into F. aglc Harbor is approved. Section 2. The Findings of Fact and Conclusions of Law and Recommendation, attached as Exhibit A is hereby adopted by the City Council. Janet K. West, Mayor ATTEST/AUTHENTICATED: Sue Kasper, City Clerk FIL ,r wrrs Tim crrY CLSr, K: PASSI~I) BY ~ CITY COUNCIL: RESOLUTION NO. REF: C:~kjXsrXssdp\wwo.res Resolution//94- , Winslow Way Outfall Project Page 2 February 9, 1994 [X] Substantial D~relopment Permit [ ] Conditional Us~ , [ ] V arianee SHORELINE MANAGEMENT ACT OF 1971 PERMIT FOR SHORELINE MANAGEMRNT SUBSTANTIAL DEVELOP1VfENT, CONDITIONAL USE, OR VARIANCE Application No. 3SDP06-17-93~1 Adminlst~ring Agency City of Bainb~d~e Island Dat~ R~.~ived Approved Deaie~! Dat~ of Issuance Dat~ of Expiration Pursuant to RCW 90.58, a tgrmit is ber~by granted/denied to the City of BainbridEe Island. (Name of Applicant) 625 Winslow Way East, Bainbridge Island, Washington, 98110 (Address) to undertake the following development install a new storm drain facility into the existinE street with outfall into Eagle Harbor. upon the following property Winslow Way West, Section 27, Township 7_5. Range 2 East (Seaion, Township, Range) Within EaEle Harbor and/or its associated wetlands. (Name of Water Area) The project will not b~ within shorelines of statewide signi~canc~ (RCW 90.03.350) (be/not be) The project will bo located within a Residential designation. (Environment) The following mn-~ter program provisions are applicable to this development City of Bainbridge Island Shoreline Master Program eodi~ed at Cha0ter 16.12 of the Bainbrid~e Island Municipal Code (State the Master Program Sections or Page Numbers): If a conditional us~ or variance, also identify the portion of the master program which provides that the proposed us~ may be a conditional us~, or that portion of the master program being varied. Development pursuant to this permit shall be undertaken pursuant to the following terms and conditions 1. All miti~rations listed under the MDNS shall be conditions of apnroval, except that the sugl,'ested conditions from the Department of Ecology should also be conditions of apnroval. See Attachment D of the staff renort. 2. The areas that will be used as swales shall be planted with am~renriate vegetation that will increase its value as a bioswale and to prevent erosion. 3. The disturbed area around which the culvert shall be placed shall be restored by usin~ native ve~retation or ~rasses. This permit is granted pursuant to the Shoreline Management Act of 1971 and nothing i this permit shall excuse the applicant from compliance with any other federal, state or local statutes, ordinances or regulations applicable to this project, but not inconcistent with the Shorelle Management Act (Chapter 90.58 RCW). This permit may be rescinded pursuant to RCW 90.68.140(8) in the event the permittee fails to comply with the terms of conditions hereof. CONSTRUCTION PURSUANT TO THIS PERMIT WILL NOT BEGIN OR IS NOT AUTHORIZED UNTIL THIRTY DAYS FROM THE DATE OF FILING AS DEFINED IN RCW 90.58.140(6) WAC 173-14-090, OR UNTIL ALL REVIEW PROCEEDINGS INITIATED WITHIN THIRTY DAYS FROM TIlE DATE OF SUCH FILING HAVE TERMINATED; EXCEPT AS PROVIDED IN RCW 90.58.140(5)(A)(B)(C). (Signature of Authorized Local Government) TIHS SECTION FOR DEPARTMENT OF ECOLOGY USE ONLY IN REGARD TO A CONDITIONAL USE OR VARIANCE PERMIT. Date received by the Department Approved Denied This conditional use/variance permit is approve, d/denied by the Department pursuant to chapter 90.58 RCW. Development shall be undertaken pursuant to the following additional terms and conditions: (date) (Signature of Authorized Department Official)