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RES 89-31 APPEALS FOR MCDONALDS CORPORATIONRESOLUTION NO. 89-31 A RESOLUTION ADOPTING FINDINGS OF FACT, CONCLUSIONS OF LAW, AND A DECISION AS TO AT,I, APPEALS OF THE DETERMINATION OF NON- SIGNIFICANCE FOR MCDONALDS CORPORATION, APPLICANT. WHE~J~, the Winslow City Council heard certain appeals at a public meeting on March 29, 1989, of a DetenniDation of Non-Significance for McDonalds Corporation, Applicant, and WHEREAS, the appeals considered were frcm Elane Hellmuth, McDonalds Corporation, and Andy Stahl and Sherry Wellborn, and WHEREAS, the City Council has determined to enter Findings of Fact, Conclusions of Law, and a Decision as to such appeals, NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF WENSLOW, KASHINGTON, DO HEREBY RESOLVE AS FOllOWS: Section 1. ~he Findings of Fact, Conclusions of Law, and Decision attached hereto and incorForated herein by reference, designated Exhibit 1, are herewith adopted as the final decision of Winslow City Council as to all such appeals, pursuant to'k~4C 16.04.260, and such appeals are dismissed as without merit. Section 2. The adoption of this resolution authorizes the publication of official public notice pursuant to %e4C 16.04.260 H, of the is~3~nce of this approval and related permits for puri~ses of judicial appeal. RESOLVED this 6th day of July , 1989. ~I'I'EST/AUTHENTICATE: WITH CITY Cr.RRK: June 30, 1989 P~S~ BY CI~ C0~C5: July 6, 1989 ~I~ NO. 89-31 Revised: 5/1/89 5/24/89 BEFORE THE CITY OF WINSLOW CITY COUNCIL In re the Appeal of the Declaration ) Non-Significance for McDonalds ) Corporation, Applicant ) ) Findings of Fact, Conclusions of Law, and Decision FINDINGS OF FACT Applicant is McDonald's Corporation. A checklist submitted on December 6, 1988, was signed by Keith Perryea, McDonald's engineer. (Exhibit A: Checklist) II The checklist provides information about the environmental impacts of a 3700 - 3900 square foot restaurant to include seating for 85 people and parking for 39 cars on a site of approximately 36,000 square feet. The site is located at the southeast corner of High School Road and Highway 305. III The subject site is located in the Commercial High School Way District of the Commercial Zone (Winslow Municipal Code, Title 18). The Comprehensive Plan's designation for the site is High School Way District (Ordinance No. 87-29). IV The site is completely surrounded by property in the same zone as the subject property and is bounded on the north by High School Road and on the west by SR 305. Across High School Road is property that is not within city limits. Zoning for this property is semi-urban. The site is currently used as a real estate office and another real estate office is across High School Road. The applicant testified at the hearing that the property would be owned by the McDonalds Corporation. VI A preliminary threshold determination of non-significance was issued by the city as lead agency on January 17, 1989. The following eight (8) conditions were listed: -1- 1. Storm water to be detained on-site with control release to the drainage basin. Landscaping buffers that will use native plants will be fifteen (15) feet wide along SR 305 and five (5) feet along High School Road. A sidewalk along High School Road and an improved pedestrian waiting area adjacent to the SR 305 crosswalk and participate in the Local Improvement District proposed for High School Road. 4. The restaurant siding to be horizontal cedar siding, wood exterior, and a cedar shake roof. Control of site lighting to minimize light glare by using a non-lighted ground sign, small logo sign, and no roof top lights. Access is limited to a common entrance from High School Road. A separate left turn/right turn is required per traffic analysis report. 7. Litter will be controlled by on-site and off-site clean- up programs, up to a mile from the restaurant. The restaurant will use only biodegradable products, no use of plastic foam containers. (Exhibit: Ordinance No. 89-03) VII The above preliminary threshold determination of non- significance was published in the Bainbridge Island Review, the official city newspaper of general circulation, on January 17, 1989, and was posted at Winslow City Hall, at Bainbridge Island Chamber of Commerce, and at the Winslow Ferry Terminal. It allowed the ten (10) day appeal period and the fifteen (15) day comment period to coincide. The fifteen (15) day appeal period terminated on February 1, 1989. (Exhibit C: Affidavit of publication) VIII Letters of appeal warranting a public hearing were received from the applicant through Buck & Gordon (attorneys for the McDonald Corporation); Elane Hellmuth representing the Association of Bainbridge Communities; and Andy Stahl and Sherry Wellborn (Exhibit D: appeals). Three co~ent letters were also received (Exhibit E: comment letters). The appeal process was governed by Winslow Municipal Code Section 16.04.260. All appeals were in compliance with the requirements of Winslow Municipal Code 16.04.260. -2- IX A final determination of non-significance was issued on March 14, 1989. The original eight (8) conditions had been somewhat revised by way of clarification only as underlined and were: Storm water to be detained on-site with control release to the drainage basin. Landscaping buffers that will use native plants will be fifteen (15) feet wide along SR 305 and five (5) feet along High School Road. A sidewalk along High School Road and an improved pedestrian waiting area adjacent to the SR 305 crosswalk and participate in the Local Improvement District proposed for High School Road. The restaurant siding to be horizontal cedar siding, wood exterior, and a cedar shake roof. Control of site lighting to minimize light glare by using a non-lighted ground sign, small logo sign, and no roof top lights. Access is limited to a common entrance from High School Road with the adjacent properties. In the event that the proposed High School Road Local Improvement District i__s not formedt then the applicant shall be required at its own expense to make those necessary road improvements on High School Road from the SR 305 intersection to Ferncliff Avenue. Litter will be controlled by on-site and off-site clean- up programs, east on High School Road to Ferncliff Avenuet south on Ferncliff Avenue to the Winslow Ferry terminal, west on High School Road to Lovell Avenue~ north on SR 305 to Sportsman Club Road~ and south on SR 305 to the Winslow Ferry Terminal. The restaurant will use only biodegradable products, no use of polystyrene containers, so long as the City of Winslow enforces an ordinance that is applicable to every retail food establishment. (Exhibit B: Ordinance No. 89-03). X Additional comment letters were received. comment letters). -3- (Exhibit H: XI Notice of the public hearing on appeal appeared in the Bainbridge Island Review the official city newspaper, on March 22, 1989, and in The Sun on March 18, 1989, and March 20, 1989. (Exhibit I: affidavit of publication) XII The public hearing on appeal was held in open session by the Winslow City Council on March 29, 1989, at 7:00 PM in the Council Chambers at Winslow City Hall, 625 Winslow Way East, Winslow, Washington 98110. A typed transcript was kept. XIII A copy of the complete record in support of the preliminary threshold determination by the city was made available to the City Council at the hearing. In addition the Land Use Administrator Michael Regis briefly described the proposed site plan and location of the project. He stated that he had made several site visits prior to making the threshold determination of non-significance. The record consisted of the application and supporting documents, appeal and comment letters, and by reference the applicable city ordinances and policy documents.. The City of Winslow Municipal Code (WMC) Chapter 16.04 sets forth the SEPA procedure which was in fact followed. WMC Chapter 16.08 adopts specific policies for conditioning or denying actions. WMC section 16.08.020 also adopts as local SEPA policies the following city documents: A. The Comprehensive Plan B. The Zoning Ordinance C. Shoreline Master Plan D. Sign Ordinance E. Park & Trail Comprehensive Plan F. Park Dedication Ordinance G. SEPA Implimenting Ordinance H. Any other policies of the city which have been incorporated into resolutions, regulations or ordinances, plans or codes and which provide a reasonable basis for attaching conditions to the approval of a proposal or for denying a proposal in order to mitigate adverse environmental impacts. -4- XVI The City of Winslow has adopted a Storm Drainage Comprehensive Plan, Comprehensive Water Plan and soon will adopt a Comprehensive Sewer Plan. XIV Participation in the appeal by Councilmembers Fred Harris and Terry Dolan was challenged by letter and again at the hearing by appellant Andy Stahl (Exhibit J: letter of challenge). Mr. Stahl alleged that comments made by Councilmembers Harris and Dolan indicated "that their mind is set regarding the environmental effects of a McDonalds Restaurant". At the hearing, Councilmembers Harris and Dolan stated that their comments were made in a telephone conversation with Sherry Wellborn during which she asked them to express their opinion about proposed legislation to ban formula food restaurants which was a legislative matter under the state's appearance of fairness law. No comments were made and no opinions had been expressed about the quasi-judicial issues of this SEPA appeal. Councilmembers Dolan and Harris therefore refused to exclude themselves from the hearing and did participate fully in the proceedings. At the hearing appellant Hellmuth read her letter of appeal and then contended, but did. not prove sufficiently, that it was the cumulative effect of this proposal and the others that have been proposed for the area, as well as those which have not yet been submitted to the city for approval, that should have been judged significant, thereby requiring an Environmental Impact Statement process. XVI At the hearing appellant McDonalds reaffirmed its written position and presented a witness described as a Consultant, John Hunt, who discussed in detail only the single issue of the light and glare characteristics of the proposal and its accessory signs, including roof-top light bars. Mr. Hunt contended, but did not prove sufficiently, that the quantity of light emanating from the proposed signs of the McDonald's restaurant would not constitute undesirable glare onto adjoining properties when considered in their entirety. XVII At the hearing appellants Stahl and Wellborn restated their written position and presented two (2) witnesses identified as experts, Bart Berg and Robert Terry, who discussed -5- con~nunity values and litter respectively. Mr. Berg, an Island resident of 38 years, testified, but did not prove sufficiently, that in his opinion the McDonalds proposal would have more than a moderate effect on Island aesthetics and sense of character. Mr. Terry, coordinator of the Island clean-up effort for one (1) year, testified that he thought approximately twenty percent of the litter picked up along Highway 305 was McDonald's litter without any nearby McDonald's and contended, but did not prove sufficiently, that McDonalds proposal would have a significant impact on the environment. From the foregoing Findings of Fact, the Council of the City of Winslow makes the following: CONCLUSIONS OF LAW The checklist and supporting documents submitted by the McDonalds Corporation contained adequate information to determine whether or not the proposal would have significant impact on the environment. II The two appeal periods for and the contents of the preliminary determination of non-significance and the final determination of non-significance gave the public more than the required time and sufficient information to file appeals. III Only three appeals were received in proper form and indicated the word "appeal". The three appeals considered were filed in a timely manner and were bonafide appeals. Such persons were aggrieved. IV The procedures followed by the Land Use Administrator in reaching the decision were adequate, in full compliance, and fulfilled the requirements imposed by Winslow Municipal Code Chapter 16.04. The hearing held by the City Council was properly advertised and fairly conducted. The Council considered all the evidence "de novo" as required by Winslow Municipal Code section 16.04.260. All relevant evidence to be presented by the appellants was received and considered. The presumptions established by the city code were not rebutted. -6- The McDonalds site will not be part of any larger proposal. The proposal stands on its own and is not part of any of the other commercial development proposals or plans in the area. VI By way of reasonable assessment, the cumulative impact of traffic from all the development in the area will be studied as part of the proposed High School Road Local Improvement District. McDonald's as well as all other proposed developments and properties will share in the cost of constructing any improvements required. By way of reasonable assessment, the mitigation measures for the cumulative effect of storm water runoff will be required of this and other developing properties in the area through compliance with Winslow Municipal Code Chapter 15.20 and through policies for drainage control set forth in the city's Storm Drainage Comprehensive Plan. By way of reasonable assessment, the City's Comprehensive Water and Comprehensive Sewer Plans show growth and development at various rates and set forth requirements for infrastructure which account for any cumulative effect of development in the area. The cumulative effect of pedestrian traffic may not be adequately addressed in the submitted traffic study for the High School Road Local Improvement District but shall be supplemented by an additional report from David Hamlin & Associates done at applicant's expense. All other cumulative effects are reasonably accomodated. VII The Winslow Comprehensive Plan establishes the High School Road Zoning District for businesses needing automobile access near the highway. As mitigated the McDonald's Restaurant as proposed and located in the High School Road Zoning District would not destroy or even have a moderate adverse effect on the culture or uniqueness of Winslow. VIII The economic effect of this proposal on the other restaurants in Winslow and on the Central Business District is not an impact to be evaluated in this environmental review. -7- IX The following city policies are set forth in city documents and are adequate to condition the declaration of non- significance: 1. Storm Water - WMC section 16.08.050 WMC Chapter 15.20 2. Plants ~C Title 18 Winslow Comprehensive Plan WMC section 16.08.060 3. Transportation WMC section 16.08.130 WMC Chapter 12.28 WMC Chapter 12.30 4. Aesthetics WMC section 16.08.160 WMC Title 18 Winslow Comprehensive Plan 5. Light and Glare - WMC section 16.08.080 WMC Chapter 15.08 6. Public Services and utilities WMC section 16.08.140 Winslow Comprehensive Plan Winslow Strategic Plan 7. Cumulative Effect - WMC section 16.08.200 The decision to issue a Final determination of non- significance was not clearly erroneous. As mitigated there is also adequate evidence to conclude that the McDonalds project is not a major action significantly effecting the quality of the Winslow environment. XI From the record before the Council, all applicable environmental factors were fully considered in a manner sufficient to comply with the requirements of state and local laws, including procedural ones. -8- DECISION The proposal as submitted will not have a significant adverse impact on the Winslow environment. The impacts that are documented by the evidence can be adequately mitigated by the following measures by McDonalds: Measures for storm water drainage and on site detention and retention shall comply with Winslow Municipal Code section 16.08.050 and Winslow Municipal Code Chapter 15.20. Landscaping buffers installed by McDonalds shall use native plants and shall be fifteen (15) feet wide along Highway 305 and five (5) feet wide along High School Road and shall be constructed, entirely on McDonald's property. Any additional costs to fully study, within the High School Road Traffic Analysis, the proposal's individual and cumulative impact on vehicular and pedestrian traffic shall be paid for by McDonalds. Mitigation measures for increased pedestrian traffic caused by McDonalds as determined by the High School Road Traffic Analysis as supplemented by the additional report from David Hamlin & Associates shall be constructed and reflected in McDonalds Local Improvement District assessment. McDonalds shall support and shall not protest the formation of a High School Road Local Improvement District. If the Local Improvement District is not formed to include the McDonalds' site McDonalds, by March 1, 1990, shall construct at its own expense, a sidewalk in conformance to city standards from SR 305 to the mutual boundary of Island Terrace apartments and the Nakata property. A delayed benefit agreement will be executed so that the cost of this sidewalk will be shared on a front foot basis with Nakata or their assigns when and if the Nakata property develops. McDonalds' vehicular access shall be limited to an entrance from High School Road that is in common with adjacent properties, and is consistent with the vehicular access planned for LID 13. McDonalds will support and not oppose the formation of High School Road Local Improvement District (LID 13). If the LID is not formed by March 1, 1990, McDonalds shall be required to construct, at its own expense, a center turn lane in conformance to city standards from the High School Road/SR 305 intersection to the mutual boundary of Island -9- Terrace apartments and the Nakata property. A delayed benefit agreement will be executed so that the cost of this turn lane will be shared with Nakata or their assigns when and if the Nakata property develops. Within six (6) months of occupancy of the Nakata property as redeveloped, the necessary studies shall be done to determine the cost sharing. McDonalds' site lighting and signage shall be in accordance with the Winslow Municipal Code and to control light and glare shall be limited as follows: There shall be allowed one free standing, two-sided sign which shall be no larger per side than a 5 X 5' monument sign on an base not more than 18" in height, landscaped, and lighted only by an exterior light Source. There shall be allowed one facade sign which shall be limited to ten percent of the building facade on which it is located and which shall be lighted only by an external light source. Incidental and directional signs shall not contain advertising material or logos and shall be no larger than two (2) square feet. Any lighting shall not be visible outside the High School Road District Zone. d. One flag pole may be used to display the American flag. e. Roof beams shall not be illuminated. f. Any signs not listed in this document shall not be visible from the right-of-way. All other aspects of signage including but not limited to number of signs, permit process, maintenance, and prohibited signs shall be regulated by Chapter 15.08. h. No signs shall be illuminated while McDonalds is not open for business. 7. The restaurant shall have horizontal cedar siding and a cedar shake roof. Litter will be controlled at McDonald's sole expense by on-site and off-site clean-up programs. The off-site clean-up shall take place on a regular basis as needed and shall be not less than noted below. It shall be limited to McDonald's litter. Clean-up will be limited to public property and will extend: -10- - East on High School Road to Ferncliff Avenue - not less than once each day. - West on High School Road to Lovell Avenue - not less than once each day. - North on SR 305 to Sportsman's Club Road - not less than once each week. - South on SR 305 to the ferry dock - not less than once each week. - Ferncliff Avenue from High School Road to the ferry dock - not less than once each week. McDonalds will comply with the biodegradable packaging requirements in Ordinance No. 89-03, as approved or as hereafter amended and so long as the city enforces an ordinance that is applicable to all retail food establishments as set forth therein. Adopted in open session this 6th day of July 1989. ALICE B. TAWRESEY, Mayor ATTEST/AUTHENTICATE: APPROVED AS TO FORM: