RES 94-41 APPROVAL OF PRELIM PLAT FOR NAEFURHOLD SUBDIVISIONRESOLUTION NO. 94-41
A RESOLUTION APPROVING THE PRELIMINARY PLAT FOR THE
NAEFURHOLT SUBDIVISION/PLANNED UNIT DEVELOPMENT
APPLICATION FINDINGS OF FACT, CONCLUSIONS OF LAW, AND
RECOMMENDATIONS.
Whereas, preliminary Subdivision/Planned Unit Development applications were
submitted by Mr. Richard Martin on December 22, 1993, revised and resubmitted on March 17,
1994; and
Whereas, a Mitigated Determination of Nonsignificance was issued April 7, 1994; and
Whereas, On May 9, 1994, a comment letter was received from the Department of
Wildlife and a SEPA appeal filed by members of the Wyatt Way/Eagle Harbor Drive
Neighborhood; and
Whereas, On June 16, 1994, a public hearing was conducted; and
Whereas, the Hearing Examiner issued Findings of Fact, Conclusions of Law, and Order
upholding the Planning Director's decision and denying the appeal; and
Whereas, the project was reviewed by the Planning Commission on August 11, 1994,
which made recommendations to modify the application; and
Whereas, a second public hearing was conducted September 14, 1994, from which
Findings of Fact, Conclusions of Law, and Recommendation were drafted recommending
approval of the subdivision/PUD with conditions (pages 28 through 37); and
Whereas, on October 20, 1994, the Bainbridge Island City Council considered the
recommendations of the Hearing Examiner; and
Whereas, on November 3, 1994, the Bainbridge Island City Council further considered
the recommendations of the Hearing Examiner; and
Whereas, on November 17, 1994, the Bainbridge Island City Council considered the
recommendations of the Hearing Examiner and determined that it was in the public interest to
adopt the Findings of Fact, Conclusions of Law and Recommendations of the Hearing Examiner;
now, therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, DOES RESOLVE AS FOLLOWS:
Section 1. The Findings of Fact, Conclusions of Law and Recommendations of the
Hearing Examiner (SUB/PUD12-22-93-1), as set forth in Exhibit "A", which is attached and
incorporated by reference, is adopted as the final decision of the Balnbridge Island City Council,
except as follows:
1. Recommendation No. 6 is amended as follows:
The proposed grass-lined swale along Wyatt Way as depicted in Exhibit 86A shall be
replanted with native vegetation.
2. Recommendation No. 20 is amended as follows:
Within each building envelope, 40 percent of all trees with a diameter breast height (dbh)
between and including 12 and 19 inches must be retained, and all trees with a dbh of
equal to or greater than 20 inches must be retained, except for Lot 2. The building
envelope for Lot 2 will be required to retain only 50 percent of trees with a dbh of equal
to or greater than 20 inches; Lot 2 must still retain 40 percent of dbh 12-19 inch trees,
as is required for the other lots. All yards outside the building envelopes shall be no-cut,
no-build areas, except for, driveways and the access and utilities easements located
between lots nine and ten. No other trees may be removed unless approved as dangerous
by a certified tree arborist and the DPCD. Requirements for tree retention within all
building envelopes shall expire five years after issuance of a certificate of occupancy for
a single-family residence on the last lot to be developed or ten years from the date of
final approval of this P.U.D/subdivision application, whichever occurs first.
If unauthorized removal of vegetation occurs, an equal amount of comparable
vegetation, including replacement of trees with an equal amount of cross-section
area, shall be planted and maintained. Mature trees (greater than 12 inches dbh)
removed without authorization shall be replaced by trees at least 6 inches dbh and
30 feet tall, transplanted by "tree spade" or some other method likely to maximize
the trees' survival.
Recommendation No. 30 is amended to conform to Hearing Examiner's memo dated
October 10, 1994.
4. Recommendation 40 shall read:
Water service to the subdivision/P.U.D. shall be from the City's eight-inch water
line along Finch Road, subject to the St. Barnabas latecomers's agreement and all
applicable fees and charges.
5. Recommendation 46 shall read:
Manufactured housing shall be allowed if, prior to construction, the lot owner obtains the
approval from the Board of Directors of the Homeowner's Association, which shall not
be withheld if the following conditions are met: (1) Detailed plans and specifications of
the proposed house are provided in writing to the Board of Directors; (2) the house will
be fully supported by a concrete or other permanent foundation; (3) the roof will have
a pitch of a least 4: 12; and (4) the house will have an appearance which cannot be
readily distinguished from a site built home.
The term "manufactured housing" as used herein, shall mean any home, whether called
mobile, manufactured, modular or otherwise, a major portion of which was constructed
off the site, at a factory or other assembly location, by a company producing large
numbers of similar homes.
Section 2. The approved subdivision/PUD is in conformance with the Zoning Ordinance
(Ordinance No. 87-30), the Comprehensive Plan (Ordinance No. 94-21), the Subdivision
Regulations (BIMC 17.04) , and Subdivision Standards (Ordinance No. 84-10), and all other
applicable land use ordinances.
PASSED by the City Council of the City of Bainbridge Island, Washington, this
/7r-E3/ day of ~zc,nde, L,, 1994.
ATrEST/AUTHENTICATE:
USAN P. KASPER~lerk
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO. 94-41