Loading...
RES 90-42 WINSLOW LANDING PRELIMINARY PLAT APPROVALRESOLUTION N0. 90-42 A RESOLUTION OF THE CITY OF WINSLOW, WASHINGTON, APPROVING THE PRELIMINARY PLAT OF WINSLOW LANDING ON APPROXIMATELY 6.64 ACRES OF PROPERTY LOCATED EAST OF HIGHWAY 305, WEST OF FERNCLIFF AVENUE, EAST OF THE. RAVINE, AND SOUTH OF THE EAGLECLIFF/DEEFCLIFF DEVELOPMENT, UPON THE APPLICATION OF JOHN G. TAWRESEY; FILE N0. 12-12-89-1. WHEREAS, John G. Tawresey has submitted an application for approval of a preliminary plat; and WHEREAS, the application for approval of a preliminary plat is submitted in order to develop a plat of 18 single-family lots on approximately 6.4 acres of property located east of Highway 305, west of Ferncliff Avenue, east of the Ravine and south of the Eaglecliff/Deercliff Development; and WHEREAS, the Planning Agency reviewed the preliminary plat application, and on May 15, 1990, recommended approval and entered findings of fact and conclusions to support its recommendation; and WHEREAS, the City Engineer recommended approval of the preliminary plat application as to the engineering accuracy of the proposed subdivision; and WHEREAS, on June 12, 1990, the Hearing Examiner Pro Tempore held a public hearing on the preliminary plat application upon proper notice; and WHEREAS, on July 3, 1990, the Hearing Examiner Pro Tempore recommended conditional approval of the preliminary plat application and made and entered findings of fact, conclusions of law and recommendations in support of his recommendation; and WHEREAS, on August 2, 1990, the City Council considered the recommendation of the Hearing Examiner Pro Tempore and determined that a change in the Hearing Examiner's recommendation on the preliminary plat application was necessary; and WHEREAS, on September 6, 1990., the City Council held a public hearing on the preliminary plat application upon proper notice; and WHEREAS, on September 6, 1990, the City Council voted to approve the preliminary plat with certain amendments to the findings of fact, conclusions of law and recommendations entered by the Hearing Examiner Pro Tempore; and WHEREAS, the City of Winslow has complied with the State Environmental Policy Act and the Environmental Policy Chapter of the Municipal code; now, therefore, THE CITY COUNCIL OF THE CITY OF WINSLOW, WASHINGTON, DOES RESOLVE AS FOLLOWS: Section 1. Except as set forth below, the City Council adopts the findings of fact, conclusions of law and recommendations made and entered by the Hearing Examiner Pro Tempore in support of his recommendation to the City Council, as set forth in "Findings of Fact, Conclusions of Law, and Recommendations, in the matter of the application to subdivide Winslow Landing, John and Alice Tawresey, File No. 12-12-89-1, " which is attached hereto as Exhibit A and incorporated herein by this reference. 1. The last paragraph of finding of Fact No. XXI is amended to read as follows: Applicants have proposed payment of a fee of $20,000.00 in lieu of dedication of Lot 18. The fee shall be earmarked for purchase of the Ravine, but if the fee is not so used within five years of the date of City Council approval of the preliminary plat for Winslow Landing, the fee shall be used for general park purposes. Lot 18 would be a saleable lot, with the bio-filtration system located on the property line of Lot 18 in an easement. For safety purposes, the site distance hump on Ferncliff Avenue shall be removed and sidewalks or walking path shall be installed along Ferncliff Avenue the length of the property in a north- south direction in accordance with City policy based on recommendations by SVR. 2. Recommendation IX shall be amended to read as follows: Mitigation by applicant for negative impact on schools in accordance with WMC 16.08.200 and formulation of a policy and formula by the City for exactions for schools to be paid by developers as a condition of approval of the subdivision application, which should be developed by the City within five years. The application is approved if the applicant agrees to participate retroactively after the City has developed the policy and formula for exactions. Applicants total obligation shall be subject to a ceiling of $22,000.00 and the fee shall be paid on a lot-on-lot basis at the issuance of building permits. 3. Recommendation XII is amended to read as follows: Amendments of the CCR's to eliminate termination after one year of the covenant not to protest the formation of the LID, and binding agreement by the applicant and all future owners of property within the subdivision to not protest formation of an LID for Ferncliff Avenue improvements. 4. Recommendation XVII is amended to read as follows: Amendment of CCR's at Section 16, to require that no vegetation be cut within 25 feet of the Ravine, except trees under 6" diameter at shoulders and nettles and blackberries, and any vegetation removed must be replaced with native vegetation within seven days. -2- 5. Recommendation XXIII is amended to read as follows: Addition of a covenant to the CCR's, to provide that no building or grading permit shall be issued until appropriate geotechnical tests as determined by the building official have been conducted to determine soil stability and slope aspects. Section 2. The City Council hereby approves with the conditions set forth in Section 1, and the findings of fact, conclusions of law and recommendations of the Hearing Examiner Pro Tempore referred to in Section 1, the preliminary plat of Winslow Landing upon application of John G. Tawresey, that plat containing approximately 6.64 acres of property located east of Highway 305, west of Ferncliff Avenue, east of the Ravine and south of the Eaglecliff/Deercliff Development, and more particularly described on Exhibit B attached hereto and by this reference incorporated herein. Section 3. The City Clerk-Treasurer is authorized and directed to record a certified copy of this resolution with Kitsap County Auditor. Section 4. It shall be noted on the face of the final plat that it is subject to the conditions contained in this resolution. PASSED by the City Council this 18th day of October, 1990. APPROVED by the Mayor this 18th day of October, 1.990. '__ ATTEST/AUT-HENTICATE: - _ '! _ ~" J I~ v/DONNA-JE XTON, Clerk-Treasurer -3-