LAVON/GATEWAY CUP03-23-90-1 BEFORE THE
CITY OF WINSLOW
HEARING EXAMINER
RECEIVED
J ,N 8 1991
CITY OF W NSLOW
In re the Application for )
a Conditional Use Permit )
for a Commercial Parking Lot, )
Gateway Parking, )
Lavon Enterprises, Applicant )
File No. CUP03-23-90-1
Findings of Fact,
Conclusions of Law,
and Order
On December 5, 1990, at 9:45 a.m.,I the City of Winslow
Hearing Examiner, J. Robin Hunt, conducted a public hearing at
Winslow City Hall, Bainbridge Island, Washington, to consider the
application of Lavon Enterprises for a 94-stall commercial
parking lot to be located north and west of the Beach Buildings
at the northwest corner of Highway 305 and Winslow Way, Winslow,
Washington. Project owner Larry Stutsman testified on behalf of
Applicant Lavon Enterprises. Kathy James, City Land Use
Assistant Planner, testified on behalf of the City of Winslow.
Nancy Trevellyan, office clerk, monitored recording of the
hearing. Two other persons attended the hearing: Co-owner
Yvonne Stutsman, and Betsy Wittick, who testified and asked
questions relating to erosion and water discharge into the
adjacent ravine.
History
A conditional use permit for an 82-stall commercial parking
lot was previously granted for this site on July 28, 1988, File
No. 05-06-88-1. Because the subsequent site work deviated from
the approved plan, the Planning Agency determined that a new
conditional use permit was necessary.
From the testimony at the hearing, the exhibits in the file,
and an inspection of the property, the Hearing Examiner now makes
and enters the following:
FINDINGS OF FACT
I
The project's flag-shaped 1 1/3 acre site is located north
of Winslow Way East between the east edge of the Hall Brothers
ravine and the west greenbelt edge of Highway 305, and west and
~orth of the Beach buildings. A legal description can be found
· n Exhibit 21/8,z paragraph 12, incorporated herein by
reference. The property is owned by Larry and Yvonne Stutsman,
operating as Lavon Enterprises.
The City of Winslow owns the land at the proposed driveway
entrance to the property, which land provides City access to the
ravine. There is a guard rail separating the ravine and the
driveway at this point. It appears that the guard rail may need
to be extended a short distance to prevent accidental entrance to
the ravine. This issue will be referred to the City Engineer.
See Condition No. 3.
II
The project site is in a commercial zone, designated the
"Gateway District" by Winslow 1987 Zoning Ordinance, Section X.I.
It slopes downward from northeast to southwest. The undeveloped
ravine to the west is also in the Gateway District and is deemed
an area of special significance; a stream flows through the
ravine south to Eagle Harbor. The ravine is separated from the
site by an earth berm, much of which is barren of vegetation
along a vertical cut.
Land to the north is also in the commercial Gateway
District, formerly the site of a wrecking yard. To the east is
State Highway 305, separated from the site by a vegetation-
covered earth berm, high enough to block view of the parking lot
from the highway. Property to the south, owned by Donald Beach,
is also in the Gateway District and contains commercial retail
and service buildings. South across Winslow Way is the former
Union 76 gas station site, now 'in transition, and the southern
part of the Hall Brothers ravine. Further south is the
Washington State Ferry Terminal.
III
'Applicant has built 94 parking stalls for monthly leasing to
ferry commuters. The increase of 12 stalls from the previous
application arose from Applicant's acquisition of land to the
north. 54 stalls are currently being leased on a temporary
permit from the City. The stalls are located on two levels,
separated by a rock wall: 1) along both sides of the driveway, a
low area between the east side of the ravine and the west side of
the Beach buildings and auto repair site, and 2) on a higher
plateau north of the impound yard. See Exhibit 86/52, October
29, 1990 site plan.
No buildings would be constructed and no vehicles would be
parked on the earth ridge sloping east form the ravine. Parking
would be at least five feet from a vertical line drawn from the
top of the ravine ridge. 1080 square feet of landscaping would
replace parking stalls originally designated along the northeast
wall of the ravine berm. This landscaped area, designated "y"
"C", and "x" on Exhibit 86/52, was approved by the Planning
Agency in lieu of additional landscaping along the west side of
the Highway 305 berm.
IV
Access to the parking lot is by a two-way paved driveway
from the north side of Winslow Way east, between the east edge of
the ravine and the west side of Beach building #1 (the Sow's
2
Ear). The parking stalls along the entrance are set back about
sixty feet from Winslow Way. The driveway access is as far west
from Highway 305 as possible, as requested by the State
Department of Transportation in Exhibit 69/44. Substantial
landscaping would extend in from Winslow Way along both sides of
the driveway entrance. A five-feet wide sidewalk would also be
installed on the east side of this driveway. See Exhibit 86/52.
Vehicular access would be restricted to westerly travel
along Winslow Way, with right-turn only ingress and egress. A
paved walkway along the northeast edge of the lot provides
pedestrians a short-cut from the parking lot onto South View
Street, leading to the Winslow Way crosswalk at the west side of
the Highway 305 intersection. A sidewalk along Olympic Drive
South leads to the Washington State Ferry terminal.
V
Applicant has landscaped the previously barren site.
Applicant has planted trees which will grow to screen the parked
cars and nearby buildings.
Because a greenbelt and earth berm already screen the site
from Highway 305, the Winslow Planning Agency allowed Applicant
to relocate to other areas on-site the extra fifteen feet of
landscaped strip otherwise required along a public street right-
of-way in the Gateway District.
Kathy James, Assistant City Planner, testified that the
parking lot landscaping exceeds the 10% minimum requirement, even
excluding areas Y, C, and X on Exhibit 86/52, to be planted in
lieu of an additional landscaped buffer for Highway 305.
VI
The Planning Agency recommended that:
An assessment be made for hydroseeding of the
vertical area of the berm by the applicant,
utilizing a jute matting concept. Review and
approval by the city engineer is also
required.
Exhibit 76/49, paragraph 2, Planning Agency Memo dated 11/16/90.
Applicant has consulted several experts. The best recommendation
appears to be hydroseedlng and straw matting, optimally to occur
in March, with 80% predicted germination if hydroseeded now.
Betsy Witt±ck urged that erosion control measures proceed now, in
view of the winter rains and steepness of the exposed berm.
Applicant is willing to hydroseed and matte now or substitute a
rock wall at the foot of the berm to prevent sliding. According
to Applicant, City Engineers Karo and Warren recommended plastic
on the berm if it looks like it will sluff.
3
The rock wall alternative has not been reviewed by the
Planning Agency or City Engineers. If offered by Applicant in
exchange for reduction in landscaping, the rock wall alternative,
will require review by the Planning Agency. Applicant is not
urging this alternative if it means delay of the permit process.
VII
The paved driveway is 24-feet wide at the entrance and 10
feet wide as it circulates through the parking lot. The rest of
the parking lot is gravel. Storm water is collected on site,
passed through an oil separator, and discharged into the ravine
through a pipe into rocks designed to disperse the water before
entering the stream. See Exhibit 87/53. Applicant is
responsible for maintenance and clean-out of the oil separator.
He has also contracted with Ventilation Power Cleaning for
continuous maintenance and cleaning. See Exhibit 88/51.
Applicant has installed a curtain drain along the north edge
of the site and has corrected the prior siltation problem in a
catch basin in former stall #94. Storm water from the site does
not appear to have damaged the ravine, its stream or fish.
VIII
Lights are hooded and approved by the City Engineer.
IX
Winslow Way is part of the designated circulation loop for
the City. The right-turn only ingress and egress would minimize
traffic impact on Winslow Way and its intersection with Highway
305. By the time commuters walk from the ferry to the parking
lot, vehicles parked closer to the ferry have cleared. Vehicles
would exit primarily during the gap caused by the red light for
east-west traffic at the intersection of Winslow Way and Highway
305. Congestion may occur on-site, as cars line up in the
parking lot to exit right (west) onto Winslow Way.
X
The Fire Marshall has determined that no fire flow is
required. Exhibit 40/24.
xI
Applicant submitted his application for a conditional use
permit on March 23, 1990. Exhibit 25/09.
XII
Applicant received a Temporary Certificate of Occupancy on
February 2, 1990, allowing commercial parking in the upper area
only. Exhibit 13/01.
4
xIII
On July 30, 1990, the City Land Use Department issued a
Notice of Determination of Nonsignificance. Exhibit 64/40.
XIV
On November 16, 1990, the Planning Agency recommended
approval of a conditional use permit, enumerating several
conditions. Exhibit 76/49.
XV
The project has been reviewed by the City Engineer, Karo and
Warren.
XVI
Notice of public hearing was published in the Bainbridge
Review on November 21 and 28, 1990. Exhibit 77/50. A notice of
public hearing was also posted on the property.
CONCLUSIONS OF LAW
I
This matter is properly before the hearing examiner. Notice
of public hearing was adequate.
II
A commercial parking lot is a conditional use in the
commercial Gateway District. WMC 18.76.030.F.
III
The Gateway District has additional yard and parking
landscaping requirements. WMC 18.76.060.C. requires that all
parking areas and pavements be set back five feet from the top of
the slope into the Hall Brothers Creek or Slough% This
requirement is met. See Finding of Fact III.
IV
WMC 18.76.070.A. and B.1 requires that parking areas be
separated from public street right-of-way by a landscaped strip
with a minimum width of fifteen feet, except where unusual
property configuration or circumstances causes the City Planning
Agency to allow reallocation of this landscaped area to another
portion of the site. Because the high berm between the east side
of the parking lot and Highway 305 already provides an effective
screen, the Planning Agency has allowed the required fifteen-feet
wide landscaped strip to be reallocated to the northwest edge of
the parking lot at the foot of the ravine berm.
Parking along the Winslow Way entrance is set back from the
public right-of-way the depth of the Sow's Ear building; this set
back contains landscaped strips well in excess of the required
fifteen feet width. See Finding of Fact IV. WMC 18.76.070.A
requires that the plant materials in this landscape strip be
approved by the Planning Agency.
V
WMC 18.88.120 provides that:
NO less than 10 percent of a parking lot
shall be in landscaping and no landscaped
area shall contain less than 100 square feet
nor be less than five feet wide. Landscaped
areas shall be distributed throughout the
parking lot in such a manner that no
landscaped areas shall be less than 45 feet
from the center line of a parking stall.
Only those landscaped areas between two
parking stalls or between a parking stall and
a property line shall be counted as part of
the required landscaped area.
Assistant City Planner Kathy James testified that these
requirements have been met. See Finding of Fact V.
VI
Because of the existing high upward-sloping, site-obscuring
berms on the east and west sides of the parking lot, site-
obscuring fencing is not required. WMC 18.88.130.
VII
The parking lot grade appears to meet the requirements of
WMC 18.88.140. The parking lot has been graded and terraced into
upper and lower portions. See Finding of Fact III.
VIII
The parking lot lighting has been designed in such a way as
to prevent glare off-site in accordance with WMC 18.88.150. See
Finding of Fact VIII.
IX
The paved entrance and gravel parking surface meet the
requirements of WMC 18.88.110.A that surfaces be maintained so to
limit dust, while at the same time helping to disperse water on-
6
site. The project also meets subsection B., requiring adequate
storm drainage. See Finding of Fact VII.
X
WMC 18.76.010 sets forth the purposes of the commercial zone
Gateway District as follows:
To provide:
A. Retail and personal services to the
residents of the city and the visiting
public.
B. The opportunity for small scale
production and commercial enterprises that
benefit from a visible location, that enhance
the economic diversity of Winslow and that do
not adversely impact other activities in this
or adjacent zones.
C. An attractive entry point into Winslow
that emphasizes the City's intimate character
and natural setting.
Although a commercial parking lot does not directly provide
retail services, it does enhance present retail services by
encouraging commuters to shop in the Winslow retail core on the
way home. Given Winslow's position as a state ferry terminus,
Winslow does provide parking services for commuters, who arguably
meet the purpose A. definition of the "visiting public."
A commercial parking lot does not meet purpose B., as it
does not provide opportunity for small scale production or
commercial enterprise; however it would not adversely affect
other such activities in this or adjacent zones. Moreover, by
easing the ferry commuter parking shortage, it may encourage
commuters to avoid parking spaces designated for retail customers
further west in the Winslow Way commercial core.
The primary purpose that this proposal would serve would be
in providing a more attractive entry point to the City of
Winslow, emphasizing Winslow's natural setting, purpose C.,
above. Ironically this purpose is served primarily by the
project's invisibility: its landscaped screening of the parking
lot, auto repair buildings, and auto impound yard; and removal of
wrecking yard at the north end of the property.
Also, parking is a potentially temporary use. No permanent
structures are being built that would preclude another use more
consistent with the Gateway District purposes, as future needs
and demands warrant.
7
XI
Except for the above reservation concerning commercial
parking in the Gateway District, and safety concerns about the
length of the ravine guardrail, the project meets the criteria
which Applicant must demonstrate in a hearing for a conditional
use permit as set forth in the WMC 18.100.040:
A. The proposed conditional use is in
harmony with the spirit and intent of this
title;
B. Development of the proposed use would
not adversely affect the health, welfare,
safety, and rights of other persons;
C. The proposed conditional use meets all
the criteria otherwise applicable to the zone
in which it is to be developed.
XII
The proposed project also meets the goals and ideas of the
City's 1987 Comprehensive Plan, adopted by Ordinance 87-29. It
would provide "an improved first impression or gateway to the
City." "Image," page 5. It would provide "convenient non-
obtrusive parking near the ferry terminal." "Movement," page 6.
Parking between the ferry terminal and downtown area would
encourage shopping in the downtown (rather than channelling
shoppers away as encouraged by distant park and ride lots),
consistent with the economic goals on page 10 of the
Comprehensive Plan. The proposal is also consistent with the
transportation goal to provide:
More commuter parking that is "consolidated"
and "invisible."
Comprehensive Plan, Page 15.
As with most proposals to add people, vehicles, or other
development, the project is not wholly consistent with the
Comprehensive Plan's traffic and transportation goal to reduce
traffic and congestion in downtown Winslow. However, Applicant
and the City Planning Agency and Land Use Department have
successfully incorporated plans to minimize traffic impact and
congestion in downtown Winslow. See Finding of Fact IX.
ORDER
The application for a conditional use permit for a 94-stall
commercial parking lot depicted in the October 29, 1990, site
plan, Exhibit 86/52, is granted on the following conditions:
1. Development shall occur in accordance with the revised
October 29, 1990, site plan, Exhibit 86/52. Any changes
shall be approved in advance by the City Land Use Department
and/or City Planning Agency;
2. Landscaping shall meet dispersal and minimum 10% lot
coverage and 100 square feet requirements of WMC 18.88.120.
It shall screen the parking lot and auto shop buildings.
Plant materials in the landscape strip along Winslow Way
shall be as approved by the Planning Agency, pursuant to WMC
18.76.070.A;
3. Guard rails along the east side of the ravine entrance
to the parking lot shall extend far enough to protect people
and vehicles from accidentally going into the ravine, as
required by the City Engineer;
4. Low level lighting shall not produce glare off-site;
5. Ingress and egress shall be by right-turn only between
the parking lot driveway and Winslow Way;
6. Vehicular access shall be limited to the western
driveway between the Beach buildings and the ravine;
7. The oil/water separator shall be cleaned on a regular
basis, and its maintenance shall be documented to the City
for the life of the project;
8. The right-turn only signs at the exit point shall be
located for proper visibility;
9. The one-way arrows painted on the pavement shall be
standard City size;
10. Erosion control measures shall be taken as soon as
practicable to protect the east side of the ravine berm.3
Applicant should attempt installation of matting and
hydroseeding to enhance growth and retention of vegetation
on the slope. City Engineers Karo and Warren, shall approve
scheduling and methods of erosion control.
11. Use of the proposed parking facility shall be only for
commercial parking and not as parking or storage area for
the adjacent garage or impound yard.
As recommended by the Planning Agency:
9
1. Applicant's request to incorporate landscape
requirements along Highway 305 into other areas of the
parking lot is approved; and
2. The 10-foot paved accessway is sufficient, especially
in view of maximizing the use of gravel to disperse water
and retard run-off.
Dated this ~ day of January, 1991
J. Robin Hunt
Hearing Examiner
Footnotes
1 The long delay between hearing date and submission of Findings
of Fact and Conclusions of Law needs explanation. Apparently due
to turnover of City personnel, no file was delivered to the
Hearing Examiner until one minute before the scheduled hearing.
The Hearing Examiner had received and studied a comprehensive
staff report from the City Land Use Department well in advance of
the hearing. Rather than reschedule, the Hearing Examiner felt
informed enough to proceed with the hearing. Her first
opportunity to review, the file was after the hearing. The file
was incomplete, redundant, disorganized and unusable. She turned
the file back to the City asking that the file be compiled
correctly. Meanwhile she dictated a draft Findings of Fact and
Conclusion$of Law so that they would be ready for finalizing as
soon as the file was prepared. After numerous requests and
contacts and two intervening severe wind and snow storms and
power outages in late December, the file was finally prepared and
delivered to the Hearing Examiner the evening of January 23,
1991. The draft findings were revised and submitted for final
typing the afternoon of January 24, 1991.
2 Exhibits have double numbers to incorporate the exhibit
numbers in the original file as referred to at the hearing, as
well the exhibit numbers in the file as rehabilitated following
the hearing.
3 It was originally the intent of the Hearing Examiner to
require matting and hydroseeding in December. However, due to
the delay in file preparation, the resultant delay in releasing
these findings, the passage of much of the winter's most erosion-
producing weather, and the closeness to March (apparently the
optimum time to hydroseed), the Hearing examiner will leave the
timing to the City Engineer.
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