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RES 84-08 FERNCLIFF RIDGERESOLUTION 84-08 A RESOLUTIGNOFTHECITYOF WINSLOW, WASHINGTON APPROVINGTHE PRELIMPLATOFFERNCLIFFRIDGEWITHCONDITIONS. WHEREAS, the WPS Group made application to the City for a subdivision called Wing Point South in 1978; and WHEREAS, the proposal was reviewed by the Planning Agency, and the Hearing Examiner and approval was recommended; and WHEREAS, following litigation that lasted several years the City Council, after conducting a public hearing, now finds that it is in the interest of the public to approve the prelimi- nary plat of this subdivision, now known as Ferncliff Ridge; NOW THEREFORE, the City Council of the City of Winslow resolves as follows: 1. The preliminary Plat of Ferncliff Ridge is hereby approved as shown on the attached plan datedFebruary3, 1984, amd 2. The attached Findings of Fact, Conclusions of Law and Decision are hereby adopted and approval of the prelim plat is conditioned on this document. PASSED by the City Council of the City of Winslow, Washington, this 15th day of March, 1984. DONNA JEAN BUXTON Clerk/Treasurer ALICE B. TAWRESEY Mayor CITY COUNCIL CITY OF WINSLOW In the Matter of the Preliminary Plat of FERNCLIFF TERRACE (previously known as WING POINT SOUTH) FINDINGS, CONCLUSIONS, AND DECISION BACKGROUND In 1978, the WPS Group (the "Applicant") made application to the City for preliminary plat approval of Wing Point South subdivision, pursuant to Chapter 58.17 RCW and Winslow Ordinance 77-7. The Planning Agency and Hearing Examiner reviewed the proposal and recommended in favor of its approval with certain conditions. The City Council approved the subdivision on the condition that the minimum lot sizes be 15,000 square feet in accordance with the comprehensive plan and a then-proposed zoning code. Applicants initiated a lawsuit to challenge the 15,000 square foot lot size condition. Following several years of litigation, the Court of Appeals issued a decision striking down the 15,000 square foot lot size condition and requiring that the subdivision be considered in light of the laws in effect at approximately the time of subdivision application. Wildnet v. Winslow, 35 Wn. App. 77 (1983). Applicant is now before the City Council seeking approval of the subdivision in accordance with the court's decision. FINDINGS OF FACT 1. The Hearing Examlner's Findings of Fact, set forth in its decision of May 31, 1978, are hereby adopted by reference, except as modified or supplemented herein. 2. The Applicant submitted a new plat drawing dated February 3, 1984, showing the proposed layout of the street and lots. The Applicant proposed changing the name of the subdivi- sion from Wing Point South to Ferncliff Terrace, in response to a suggestion by the Hearing Examiner. 3. On February 8, 1984, the Applicant submitted an adden- dum to the environmental checklist regarding potential traffic impacts from the project on traffic on Ferncliff Avenue North- east. On February 15, 1984, the City's Land Use Administrator issued a final declaration of nonsignificance on the project. 4. Notice of a City Council hearing on this matter was properly published and posted in accordance with the require- ments of the Winslow Subdivision Ordinance. 5. The Applicant has agreed to provide concrete sidewalks on both sides of the street within the subdivision. 6. Following the Hearing Examiner decision in 1978, the City has added additional water supply to its system. There is now sufficient water supply to serve this subdivision. - 2 - 7. The Applicant has agreed to set aside approximately 7,000 square feet of property within the subdivision as a park or playground area for the use of the subdivision lot owners and their children. The area they have proposed for this park or playground area is located in the northwest corner of the subdivision, near the park or playground area of the adjacent Wing Point North subdivision. 8. The Land Use Administrator recommends and the Applicant has suggested that it install the Ferncliff Avenue Northeast improvements, rather than pay money into a fund for future use in improving Ferncliff Avenue. CONCLUSIONS OF LAW 1. The Hearing Examlner's Conclusions of Law, as set forth in his decision of May 31, 1978, are hereby adopted by reference, except as modified or supplemented herein. 2. In accordance with the Court of Appeals decision referenced above, the City is obligated to review the proposed subdivision in light of the laws in effect 90 days following subdivision applications. This includes the subdivision and zoning ordinances in effect at that time, Ordinance 77-7 and Ordinance 69-16, respectively. 3. The City has a policy of naming cul-de-sac streets as "Place." DECISION The preliminary plat of the subdivision of Ferncliff Terrace (previously known as Wing Point South), as shown on the - 3 - plat drawing dated February 3, 1984, is hereby approved, subject to the following conditions: 1. A surface water drainage system shall be designed and constructed so as to prevent surface water drainage problems. The surface water drainage system shall not overload off-site drainage, and lot gradlng shall be accomplished so as to prevent drainage onto adjacent residential lots to the north. At least two catch basins shall be provided in the cul-de-sac. An ease- ment shall be established to connect the storm water drainage system in the street to the creek in the adjacent canyon west of the subdivision. 2. The Applicant shall dedicate to the City ten feet of property for right of way along Ferncliff Avenue Northeast. The Applicant shall construct improvements to Ferncliff Avenue Northeast which will upgrade the street to arterial specifica- tions defined in Subdivision Standard 11 of the City of Winslow Planning Agency Subdivision Standards. The improvements shall include an underground storm drain at least twelve inches in diameter, curb, gutter, and a five foot concrete sidewalk on the west side of Ferncliff Avenue Northeast extending the full width of the property adjacent to Ferncliff Avenue Northeast. The Applicant shall provide necessary road signing and monuments for Ferncliff Avenue Northeast and the new street within the subdivision. 3. Applicant shall construct concrete sidewalks on both sides of the street to be developed within the subdivision. - 4 - 4. A park or playground area of approximately 7,000 square feet shall be established in the northwest corner of the subdivision in approximately the location shown on the plat drawing dated February 3, 1984. This area shall be owned in common and maintained by the owners of lots within the subdivi- sion, and it shall be permanently established and its mainte- nance governed by appropriate covenants which shall be approved by the City Attorney prior to final plat approval. 5. One fire hydrant shall be provided in the subdivision in the approximate location as shown on the Applicant's drawings. 6. The Clty's water main along Ferncliff Avenue Northeast shall be extended the full width of the subject property adja- cent to Ferncliff Avenue Northeast, using eight inch ductile iron pipe. 7. The name of the street within the subdivision shall be Ferncliff Place. 8. Construction materials for the sewage lift station shall be approved by the Clty's maintenance supervisor prior to construction. 9. All construction plans shall be approved by the Clty's Land Use Administrator prior to construction. 10. Prior to beginning construction of any of the improve- ments to be installed by Applicant pursuant to this preliminary plat approval, Applicant shall execute an agreement to be approved by the City Attorney warranting the improvements against any defects in materials and workmanship and holding the - 5 - city harmless against liability for any damages that may arise from the improvements. This agreement shall continue in force until the City has accepted the improvements, and for an addi- tional time period of one year following such acceptance. APPROVED this 15~h day of March , 1984. ALICE B. TAWRESEY, ATTEST: CLERK/TREASURER APPROVED AS TO FORM: THOMAS M. WALSH Attorney for the City 0524w - 6 -