ORD 79-16 WING POINT FAIRWAY VIEWP~O.~es~ lOlO 0
W °/
ORDINANCE 79 - 16
1TOR
AN ORDINANCE OF THE CITY OF W SLO~?~b~ORTZIN~RASER
IN
DEVELOPMENT CORPORATION TO DEVELOP PROPERTY COMMONLY
KNOWN AS "WING POINT FAIRWAY VIEW" AS A PLANNED UNIT
DEVELOPMENT PURSUANT TO ORDINANCE NO. 69 - ]6, AND
AMENDING THE COMPREHENSIVE PLAN AND ZONING MAP OF THE
CITY OF WINSLOW AS IT APPLIES TO THAT PROPERTY
WHEREAS, Fraser Development Corporation (hereinafter "the
Developer") has f~Jed with the City of Winslow an application
and amended application for a proposed planned unit development
pursuant to Ordinance 69-16, and
WHEREAS, the Winslow Hearing Examiner held public hearings
on this amended application on June 26, 1978, and July 11,
1978, and after entering Findings of Fact and Conclusions of
Law recommended that the City Council approve the proposed
planned unit neve]opment subject to conditions, ann
WHEREAS on June 4, ]979, the Winslow City Council fully
considered the amenden application of Fraser Development
Corporation, Findings of Fact, Conclusions of Law and
Recommendation of the Hearing Examiner, and the materials
submitted for review wjth respect to Wing Point Fairway View
and voted to approve the Wing Point Fairway View planned unit
development (hereinafter "the PUD") subject to conditions;
NOW, THEREFORE, The City Council of the City of Winslow DO
ORDAIN as follows:
1. Subject to the conditions set forth in Paragraph 2
below, the PUD, as described in the documents listed
in Subparagraphs !.a. through ]..n. jmme~iately below,
is approved.
a. Application for approval of Wing Point Fairway
View property as a planned unit development as
set forth in the letter, with attachments, of W.
Daniel Calvin to the James A. Root dated December
29, 1977, as monif~ed by the letter of Alan F.
Black to the City of Winslow dated June 19, 1978.
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79 270t17
b. Site P]aD dated June 25, 1978, entitled Proposed
Alternate for Wing Point Fairway View, attached
as Exhibit "2" to Findings of Fact, Conclusions
of Law and Recommendation of the Winslow Hearing
Examiner.
c. Recorded Warranty Deed and Agreement between Alan
F. Black and Wing Point Community, Inc., filed
with the City of Winslow on May 24, 1978, as
adjusted by agreement between Wing Point
Community Club, Wing Point Golf and Country Club
and Alan F. Black on behalf of Fraser Development
Corporation and outlined in their 1. etter with
attachments to Mr. John Holman dated February 26,
1979.
d. Legal description of Wing Point Fairway View on
file with the City Engineer.
Approval of the PUD is subject to the following
conditions:
a. Conformity to Proposal - Development of the PUD
shall conform to the description contained in
Paragraph 1 above.
b. Provisiens for Drainage - The developer shall
provide on-site retention facilities equipped
with pollutant separator mechanisms. These
facilities sha!] be maintained and monitored by
the C~ty of Winslow.
c. Streets, Alleys and other Public Ways,
Alternative Conditions -
1) No occupancy shall be permitted in the PUD
until the following improvements and
conditions exSst:
a) Gravelled walkways on both sides of
Cherry Avenue providing at least
minimum pedestrian safety as determined
by the City Engineer.
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2)
b) Walkways o~ both sides of Wing Point
Way N.E. from Cherry Avenue to
Ferncliff Avenue N.E. providing at
least minimum pedestrian safety as
determined by the City Engineer.
c) Walkways on both sides of Ferncliff
Avenue N.E. from the northern limit of
the proposed Island Land Subdivision to
Winslow Way East providing at least
minimum pedestrian safety as determined
by the City Engineer.
d) Motorist safe vision, as determined by
the City Engineer, in both directions
at the intersections of Cherry Avenue
with Wing Point Way N.E. and of Wing
Point Way N.E. with Ferncliff Avenue
N.E.
As an alternative to the conditions on
occupancy under Paragraph 2.c.1) above, the
developer may elect at the time of the
issuance of the building permit or within
two years of the date of the passage of this
ordinance, whichever is sooner, to pay to
the City of Winslow an amount of money to be
determined and paid in accordance with the
fo!low]ng provisions:
a) The total cost, as designated by the
City Engineer, on attached Exhibit 1,
of putting in gravelied walkways
providing at ]east minimum pedestrian
safety on both sides of Cherry Avenue;
plus
993
79{)82701.17
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b) Two-thirds of the cost, as designated
by the City Engineer, on attached
Exhibit 1, of putting in sidewalks
providing at ]east minimum pedestrian
safety on both sides of Wing Point Way
N.E. from Cherry Avenue to Ferncliff
Avenue N.E., plus
c) One-third of the cost, as designated by
the City Engineer, on attached Exhibit
1, of putting in sidewalks providing at
least minimum pedestrian safety on both
sides of Ferncliff Avenue N.E. from
Winslow Way East to Wing Point Way N.E.
and from Wing Point Way N.E. to
Eaglecliff; plus
d) An additional sum equal to twenty
percent (20%) of the total of the costs
set forth in Paragraphs 2.c.2)a),
2.c.2)b), and 2.c.2)c) above, as
des~gnated on attached Exhibit 1, by
the City Engineer, to offset the
effects of inflation.
e) The sums described in Paragraphs
2.c.2)a) through 2.c.2)d) above, shall
be paid at the time the developer
elects alternative 2.c.2).
f) A]] sums paid by the developer pursuant
to Paragraph 2.c)2) shall be placed in
a special street fund created at that
time for the purpose of alleviating
problems peculiar to the traffic
pattern in East Winslow.
d. Water and Sewer Facilities - No occupancy shall
be permitted in the PUD until the following
improvements and conditions exist:
796 270iJ. 7
-4-
1) The City acquires an additional water supply
equal to 0.6 gallons per minute for each
residential hookup approved for each phase
of the proposed development. In view of the
fact that the density of the PUD is less
than that allowable under single-family
zoning, the PUD will be considered
single-family from the standpoint of water
priority.
2) The City establishes a water tank on a high
point of the PUD property with connections
which are adequate in the opinion of the
City Engineer.
Street Lighting - Underground electrical service
to City standards, accent lighting, and lighting
for all interior streets and walkways and shall
be provided in accordance with the plans
submitted to the City by the developer.
Parks and Playgrounds - Recreational areas shall
be provided in accordance with the plans
submitted to the City by the developer including
at least two large organized recreation plats,
jogging ann bicycle trails and a fifty foot (50')
buffer zone along the PUD's boundary with Grand
Avenue.
Fire Protection Facilities - No construction
shall be commenced until fire-flow of water
meeting City standards is in place at the PUD
property.
Other Public and Private Facilities and
Improvements - All articles of incorporation and
other necessary documents relating to the
proposed Wing Point Fairway View Homeowners
Association and the Declaration of Condom~nium
shall be approved by the City Attorney.
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Plans and Specifications - All plans and
specifications for each of the four phases of the
development must be determined to be in
compliance with the City standards by the City
Engineer.
Compliance with Provisions of Ordinance - Any
development of the property or construct]on on
the property may be ha]ted by the City Engineer
when in his opinion there has been a failure to
comply w~th the provisions of this ordinance.
The interpretation of the City Engineer as to
compliance with the provisions of this ordinance,
unless over ruled by the City Council, shall be
final; and the developer's failure to abide by
such interpretation shall result in the
suspension without liability to the City of
Winslow of the PUD approval contained in this
ordinance until compliance occurs.
Other Permits - Approval of this PUD as contained
herein does not authorize construct]on, grading,
pre3iminary preparation of the property or any
other development. Prior to undertaking any
activity on the PUD property, the developer must
obtain such permits as are required by law.
Litigation - In the event any litigation occurs
for the purpose of interpreting the requirements,
conditions and restrictions contained in this
ordinance, the prevailing party shall be entitled
to be reimburse~ for the costs of such
litigation, including a reasonable attorney's fee.
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The comprehensive plan and zoning map of the City of
Winslow be 8nd hereby are deemed amended to reflect
that Wing Point Fairway View, the legal description of
which is on file with the City Engineer, is designated
a planned unit development 8nd is to be developed in
conformity with the provisions of this ordinance.
(5) days after
Washington, this
This ordinance shall become effective five
publication or pcsting as required by law.
PASSED by the City Council cf Winslow,
4thday of June, 1979.
ALICE B. TAWRESEY, MAYOR(,/
ATTEST:
APPROVED AS TO FORM:
.,' /" ,, .~ / i I/" -
ROBERT W. MCKISSON
OF MCKISSON, LEHNE AND ASSOCIATES
CITY ATTORNEYS
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~.
PEU~STRIAN WALK COST ESTIMATE
Estimate considers construction of walkways
on Ferncliff, Wing Point Way, Cherry. Costs
include 5' wide gravel walks, storm drainage
and grading, possible rights of way and cuts
or fills which may be required.
% Developers
Street ~rox. Length Unit Cost Total Cost Totai Contribution
Cherry (Dingley to Wing Point Way)
Two sides 2600 L.F. $2.85
Wing Point Way (Cherry to Ferncliff)
North side 2600 L.F. $4.50
Ferncliff (Winslow Way to Wing Point Way)
East side 1300 L.F. $4.95
West side 1300 L.F. $4.50
(Wing Pt. Way to Eaglecliff)
East side 1400 L.F. $3.90
West side 1400 L.F. $3.25
$ 7,410 100% $ 7,410
$11,700 2/3's $ 7,300
$ 6,435 1/3 $ 2,145
$ 5,850 1/3 $ 1,950
$ 5,460 1/3
$ 4,550 1/3
+ 20% inflation factor
$ 1,820
$ 1,517
$22,642
4,528
$27,170
PEEL i.82fR 939
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IXHIBIT z