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RES 87-07 SSDP FOR OVERHEAD PEDESTRIAN BRIDGERESOLUTION NO. 87-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITy OF WINSLOW, WASHINGTON, FORMALIZING APPROVAL OF A SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT FOR THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION FOR A NEW OVERHEAD PEDESTRIAN LOADING BRIDGE AND ASSOCIATED SUPPORTING STRUCTURES WHEREAS, an application has been submitted to the City by the Washington State Department of Transportation for a Shoreline Substantial Development permit for the construction of a new pedestrian bridge, new pedestrian transfer span, new wing wall, tower counterweight, elevator, apron and emergency stairway to provide overhead loading to the second slip at the Winslow ferry terminal, and said application has been reviewed by the Winslow Planning Agency; and WHEREAS, the Winslow Hearing Examiner conducted a public hearing on the application on January 12, 1987, and has entered her formal findings of fact, conclusions of law and recommendation; and WHEREAS, the Winslow City Council considered the recommendation of the Planning Agency and the findings, conclusions and recommendation of the Hearing Examiner at its regular meeting of Thursday, February 19, 1987, and at that meeting by motion approved the application subject to the conditions recommended by the Hearing Examiner, and adopted the findings and conclusions of the Examiner; now, therefore, THE CITY COUNCIL OF THE CITY OF WINSLOW, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section !. The application of the Washington State Department of Transportation for a Shoreline Substantial Development permit for construction of new pedestrian loading bridge and associated supporting structures at the Winslow ferry terminal, Hearing Examiner file number X-1-87, is approved, subject to the conditions recommended by the Winslow Hearing Examiner as set forth in the Examiner's findings, conclusions and recommendation dated January 27, 1987. Section %. The findings and conclusions of the Hearing Examiner, a copy of which are attached hereto, are hereby adopted by the City Council as its findings of fact and conclusions of law with regard to this matter. Section 3. The effective date of the approval of the Shoreline Substantial Development permit shall be February 19, 1987, which is the date of the Council meeting at which the application was approved by motion. PASSED BY THE CITY COUNCIL this 19th day of February, 1987. ALICE B. TAWRESEY ~ Mayor ATTEST: Clerk~J~asurer EXHIBIT FOR RESOLUTION NO. 87-07 BEFORE THE HEARING EXAMINER CITY OF WINSLOW In the Matter of the Application for a Shoreline Substantial Development Permit, Washington State Department of Transportation, Applicant jAN ? 1587 File No. X-1-87 FINDINGS OF FACT, CiTY Of: WiNSLOW BY: -- (Z9 ...... .Lu, CONCLUSIONS OF LAW, AND RECOMMENDATION On January 12, i98L at 7:00 P.M. a public hearing was conducted by J. Robin Hunt, Hearing Examiner for the City of WinsloW to consider an application by the Washington State Department of Transporation (DOT) Marine Division, for a shoreline substantial development permit. The permit would allow construction of an overhead pedestrian loading ramp to the second slip at the State Ferry Terminal in Winslow. Applicant was represented by Ben Klein, Washington State Department of Transportation, Marine Division. The City of Winslow was represented by Mike Regis, Land Use Administrator. Connie Jones, Administrative Clerk, monitored the recording of the hearing. No other persons were present. The file contains a letter from Winslow citizen Gary Pettersen, which letter focuses on the relative costs and benefits of a second pedestrian ramp for the ferry terminal. From the testimony at the hearing and exhibits in the public file, the Hearing Examiner makes and enters the following: FINDINGS OF FACT The location of the proposed project is the Winslow Ferry Terminal~ owned by the Washington State Department of Transportation/located at the southern end of Olympic Drive in Winslow, Washington. This property is zoned for industrial use and is designated an "urban environment" under Winslow's Shoreline Management Master Program. II. Applicant proposes to construct a new pedestrian bridge, new pedestrian transfer span, new wing wall, tower counterweight, elevator (for the pedestrian transfer span), apron and emergency stairway to provide overhead loading to the second slip at the Winslow ferry terminal. Exhibit B. These additions would be constructed between slips one and two and could load and unload pedestrians from ferries in either slip. See Exhibit A-2. III. The main purposes for this proposal are to improve safety and to update the terminal. Currently when the second slip is in use, pedestrians -1- must load and unload from the car deck; the pedestrian level of the ferry is not handicapped-accessible from the car deck. Construction of this new pedestrian overhead loading ramp would allow safe and efficient simultaneous loading and unloading of pedestrians and vehicles. The new ramp would also eliminate an extra short trip when the Winslow ferry docks overnight in the second slip and then moves to the first slip for the first run of the day. IV. On September 22, 1986, the Department of Transportation submitted a Determination of Nonsignificance and an environmental checklist together with its application for the project. See Exhibit B. These documents do not mention future demolition of the existing pedestrian transfer span. Paragraph 8.d., p. 9~ of the environmental checklist, answers "no" to the question of whether any structures will be demolished. Accordingly, such demolition has neither been formally presented to nor considered by the Winslow Planning Agency, the Land Use Department, the Hearing Examiner or the public in connection with the instant project proposal. On November 13, 1986, the Winslow Planning Agency considered this project at its regular meeting. Richard Wilson, chairman of the Planning Agency, then submitted Findings of Fact, Conclusions and Recommendations. The Agency concluded that the project is "compatible with the existing use of the site for facilitating pedestrian access to the vessel service." The Planning Agency recommended acceptance of the proposal as submitted, contingent upon appropriate construction permits. The Planning Agency also requested that the Hearing Examiner review the prior shoreline permit granted to the Washington State Department of Transportation, Marine Divisio~ "to see if a promise was stipulated that the next major capital improvement at the ferry terminal would be, or include, a pedestrian ramp over SR305 (Olympic Drive) connecting to the trail southwest of Olympic Drive .... "Exhibit I. VI. In accordance with the Planning Agency's request, the Hearing Examiner and Mike Regis of the Land Use Department searched through several of the most recent Washington State Department of Transportation shoreline permit files. No requirement for a future pedestrian ramp over SR305 (Olympic Drive) was found. However, there was mention that then current plans should be drawn in such a way as not to preclude future construction of such ramp. Mr. Klein testified at the public hearing on January 12 that a pedestrian walkway across Olympic Drive is included in the Washington State Department of Transportation's current budget request to the Legislature for the 1987-89 biennium. -2- VII . Details of the construction plans for the proposed pedestrian overhead loading can be found in the file at Exhibit A-2. The plans appear both visually and functionally harmonious with the existing ferry terminal pedestrian/vehicle ramps. Off the record, Mr. Klein said that the DOT plans to demolish the existing pedestrian loading ramp north of slip one after the construction of the new ramp between slips one and two. Following some discussion about the wisdom of such plan, Mr. Klein said that he would recommend retention of the existing pedestrian ramp. VIII. The project would be constructed over the water of Eagle Harbor between the existing ferry loading slips one and two. It would involve pile driving but would not otherwise disrupt the waters or bottom of Eagle Harbor. Because the adjacent area is already paved, it does not appear that the project would substantially affect water runoff. IX. The project would appear to have no effect on small boat recreational traffic in the vicinity because it will not protrude out into the channel any farther than the existing ferry slips. Nor would the project result in increased need for public services or increased traffic. The towers would be about forty feet high and would have a minor visual impact on some residents occupying the nearby Eagle Harbor Condominiums. "The existing visual climate in the area of the proposal is fairly complex with towers, cables, wingwalls, pile dolphins, overhead walkways, and this addition does little to improve or degrade that view." See paragraph 10b, page 11, of the Environmental Checklist, Exhibit B. XI. Notice of the January 12, 1987, public hearing was published in the Bainbridge Review for two consecutive weeks commencing on December 24, 1986, and ending on December 31, 1986. See Exhibit J. CONCLUSIONS OF LAW I. This matter is properly before the Hearing Examiner. public notice of the hearing was given. Appropriate -3- II. A shoreline substantial development permit is required because a) the project is expected to cost about $1,000,000, in excess of the $1,000 threshold specified by WMC 16.12.400, and b) the project meets none of the exclusions specified in that same ordinance. III. The project is consistent with the goals specified in Winslow's Shoreline Management Master Program at WMC 16.12.490 through 16.12.560. The project particularly furthers the economic development goal of WMC 16.12.530, which provides as follows: It is the goal of this program to allow industries, transportation facilities, port facilities, tourist facilities, commercial and other developments which are dependent on or related to shoreline locations. IV. The project meets the policies for a shoreline designated "urban environment" as set forth in WMC 16.12.570. The main purpose of an urban environment "is to insure the utilization of the area to be a multiplicity of intense human uses." WMC 16.12.570.A. The project involves a shoreline use specifically created for public access to the Washington State ferries. WMC 16.12.570.B.l.& 2. The new foot passenger ramp would be linked to the sidewalk along Olympic Drive which is linked via crosswalk to the path along the Winslow waterfront west from Olympic Drive, a non-motorized transportation route. WMC 16.12.570.B.2. The proposed use is compatible with the "urban environment" designation. See compatibility chart at WMC 16.12.620. Ferry transportation is a water and shoreline-dependent use of a commercial nature. The proposal takes into consideration public safety, health and security and would minimize disruption of scenic views in that it would not significantly alter the present view around the Winslow ferry terminal. See WMC 16.12.670.B.3. The project is also consistent with the piers and floating docks usage as set forth in WMC 16.12.720. VI. It appears that the Department of Transportation's proposal meets the procedural steps for a substantial development permit as set forth in WMC 16.12.860, as well as the goals, policies, and use regulations as specified above. -4- RECOMMENDATION The Hearing Examiner joins the Winslow Planning Agency in recommending approval of the Washington State Department of Transportation Marine Division's application for a shoreline substantial development permit to construct a new pedestrian bridge and associated supporting structures at the Winslow ferry terminal. Demolition of the existing pedestrian bridge should not be allowed without further application and consideration by appropriate City of Winslow agencies and the public. DAY OF JANUARY, 1987. J~/ROBIN HUNT WINSLOW HEARING EX~IINER -5-