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LAVON/GATEWAY CUP05-06-88-1 BEFORE THE CITY OF WINSLOW HEARING EXAMINER RECEIVED .ll l 2 9 1988 CITY OF WtNSLOW'~ In re the Application for ) a Conditional Use Permit ) for a Commercial Parking Lot, ) Lavon Enterprises, ) Applicant ) File No. 05-06-88-1 Findings of Fact, Conclusions of Law, and Order On July 18, 1988, at 9:30 a.m., 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 an 82-stall commercial parking lot to be located north and west of the northwest corner of Highway 305 and Winslow Way, Winslow, Washington. John Rudolph~ project architect, was the primary spokesman for Applicant, Lavon Enterprises. Project owner, Larry Stutsman, also spoke on behalf of Applicant. Mike Regis, City Land Use Administrator, spoke on behalf of the City of Winslow. Renee Hauge, Administrative Clerk, monitored ~e~ording of the hearing. Eleven other persons attended the hearing. Testimony and questions focused on storm water control, drainage effect on the Hall Brothers ravine to the west, landscaping, and right-turn only ingress and egress. Eight persons spoke in favor of the project: Karen Driscoll, Don Beach, Sheila Crofut, Jessie Hey, John Rudolph (in his capacity as a city resident and busnessman), Carol Rothe, Dorothy Nystrom and Wilbur Nystrom. The speakers commended the "invisible" nature of the parking lot, with its set back from the road and heavy landscaping screen, and stressed the need for additional ferry commuter parking and Winslow's ferry terminus status. John Rudolph also submitted a letter of support from Chuck MacLearnsberry. Carol Rothe also voiced opposition to the project's reduction from 200 to 82 parking stalls. Mike Regis explained that Applicant (not the City) had withdrawn some of the land included in the original proposal, consequently reducing the number of stalls. On behalf of the Friends of the Ravine, Sheila Crofut stated that their environmental concerns had been satisfied by Applicant's plan and the matters discussed at the hearing. From the testimony at the hearing, the exhibits in the file, an on-site inspection of the property, the Hearing Examiner now makes and enters the following: and FINDINGS OF FACT The project's flag-shaped 1 1/3 acre site comprises portions of three different lots, denoted A, C-1 and C-2, on the revised June 20th site plan, Exhibit C-Sa. The project would be 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 north of the Beach buildings and the auto repair site, also on lot C-1. A legal description of the affected parcels can be found in Exhibits B-4a and 4c, incorporated herein by reference. The property is also described as: Tax lot #4118-001-004-0104, lots 4,5,6,7,7-1/2, and 8, Block 1, plat of Winslow; and tax lot #26250-2-3-136-2006. See Exhibit D-5. The property is owned by Larry and Evon Stutsman, operating as Lavon Enterprises; they also own the Hall Brothers ravine to the west. The City of Winslow owns the land at the proposed driveway entrance to the property, which land p[rovides City access to the ravine. II The project site is in a commercial zone, designated the "Gateway District" by City of Winslow 1987 Zoning Ordinance, Section X.I. It slopes downward from northeast to southwest. Property to the west is also in the Gateway District and is deemed an area of special significance; it includes an undeveloped ravine, containing a stream flowing south to Eagle Harbor. The ravine is separated from the site by an earth ridge. Land to the north is also in the commercial Gateway District and contains a wrecking yard, a non-conforming use. To the east is State Highway 305, separated from the site by an earth berm. Property to the south, owned by Donald Beach, is also in the Gateway District and contains commercial retail and service buildings. Further south across Winslow Way is the Union 76 gas station and the southern part of the Hall Brothers ravine. Further south is the Washington State Ferry Terminal. III Applicant proposes to build 82 parking stalls for monthly leasing to ferry commuters. The stalls would be 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 between the north edge of the auto repair site and south of Van Wagoner's wrecking yard. The parking stalls along the entrance dirveway would be set back about sixty feet from Winslow Way. See Exhibit C-5a. No buildings would be constructed and no vehicles would be parked on the earth ridge sloping east from the ravine. Parking would be at least five feet from the top of the ravine ridge. IV Access to the parking lot would be by a two-way 24-feet wide 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 Ear). Landscaping would extend in from Winslow Way 65 feet along the west side of the driveway entrance and 95 feet on the east side. A power pole and telephone pedestal would need to be relocated and new guard rails installed at the entrance. A five- feet wide sidewalk would also be installed on the east side of this driveway. See Exhibit C-5a. The current entrance is an unpaved one-lane driveway at the same location. Vehicular access would be restricted to westerly travel along Winslow Way with right turn only. Additional access for emergency vehicles only would be provided along South View Street, east of the Beach buildings. A barrier with unfastenable hook, and strict enforcement by Applicant would prevent commuters from using this street for vehicular ingress or egress. A landscaped walkway would provide 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 Except for grass and brush on the ravine ridge and an apple tree, there is little vegetation on the site, which is mostly dirt and gravel. Applicant plans to retain the tree. Currently water drains from the site into the ravine; John Rudolph testifed that some current surface water run-off contributes to ravine erosion. The site is currently used for automobile repair and vehicle impound storage. It was previously used as Van Wagoner's auto repair, towing and wrecking yard. Since Applicant began working with the site, the deteriorated auto repair structure has been replaced with a new iron-clad structure and the wrecked vehicles have been moved out of sight to the northern part of the property. See Exhibit E-2. Mr. Rudolph also testifed that this parking proposal will not detract from the sense of quiet at the bottom of the ravine. Except for the paved driveway entrance, most of the parking lot would be gravel, to enhance storm water absorption on-site and to prevent run-off. Applicant plans little grading of the site except as required to induce water flow to the center of the driveway and into the oil separator. Storm water would be collected on site, passed through an oil separator, and discharged into the ravine throught a pipe opening near the culvert which passes under Winslow Way. See Exhibit E-1. Applicant would be responsible for maintenance and clean-out of the oil separator. The project's storm water drain would coordinate with the City's plan to upgrade the metal pipe which currently carries ravine stream water under Winslow Way. The City has been working with the Department of Fisheries to minimize impact to any fish in the ravine stream. The City Land Use Department and Applicant are of the opinion that the project's storm water treatment would not change the volume of water discharged into the ravine, that storm water from the site would clear through the ravine before storm water from the uplands would flow downstream, and that no damage to the ravine, its stream or fish would result from the project. Project architect John Rudolph predicts the project's drainage measures would enhance ravine erosion control. VII Applicant plans to add extensive landscaping to screen the parked cars and nearby buildings and to help prevent erosion of the adjacent ravine. The total project area would be 59,155 square feet, 10,220 square feet or 17.27 percent of which would be devoted to landscaping. See Exhibit C-5a. Project architect John Rudolph testified that the proposed parking lot landscaping exceeds ordinance requirements of 10 percent landscaping in areas not less than five feet wide and 100 square feet, located between parking stalls and between stalls and property lines, exclusive of the extra landscaping screening the auto shop site. Specific plant materials would be selected by landscape architects or other persons with expertise in choosing plant material for erosion control, screening, and soil and light conditions. Applicant would pass along to such expert the plant material suggestions from the United States Department of Agriculture set forth in the May 31, 1988, letter from J.E. "Skippy" Moore, Exhibit E-4a. 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. VIII Lighting in the parking lot would be create glare off-site. IX low level and would not 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. It is expected that it will take ten minutes for returning commuters to walk to the parking lot, thus allowing vehicles parked closer to the ferry to clear. Any vehicles would thus exit the lot at the end of the afternoon and evening commuter ferry traffic surges. Congestion would occur on-site, as cars line up in the parking lot to exit right (west) onto Winslow Way. 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. Because of the 82-stall size of the parking lot, and the availability of several afternoon commuter ferries, it is expected that no more than 20 or 25 cars will be added to the stream of cars traveling west along Winslow Way during any one time frame. City Land Use Administrator Mike Regis testfied that the City wants the State to upgrade the traffic light at Highway 305 and Winslow Way to provide more sophisicated timing, and to create a left-turn lane on Winslow Way traveling east. Mr. Regis also feels that no additional traffic analysis is needed at this time. He testified that a previous traffic analysis had been done in connection with a full ravine development proposal and was not applicable to this parking project. He explained that further traffic analysis may need to be undertaken in connection with any future development proposals. Applicant intends this parking project to be an interim use of the land, to generate funds to pay property taxes while planning to develop the ravine area. As stated by project architect John Rudolph in his July 18, 1988, letter: It is...important to recognize that this property (parcels A and C) is so valuable and so strategic and so important as a gateway to the City that a parking lot is not to be considered as anything but a holding operation. It is expected that an overall development plan for this area will materlize which will be much more compatible with the property situation. Exhibit E-5. X Applicant submitted his application for a conditional use permit on May 6, 1988. See Exhibit C-1. He revised his application and environmental checklist on May 19th, 1988.* On June 13, 1988, the City Land Use Department issued a Determination of (environmental) Non-significance. On July 7, 1988, the City Planning Agency recommended grant of a conditional * Applicant had originally submitted an application and environmental checklist in October 1987, Exhibit A-1 and 2, for a site plan review. Applicant did not pursue this parking application because he had not then completed the purchase of the property from the Van Wagoners. Exhibit E-1. The City Attorney issued a legal opinion on March 28, 1988, that the application fell under the newly adopted 87-30 Zoning Ordinance Gateway District because no final site plan had been adopted and no building permit had been issued. See Exhibit A-5. use permit, on the conditions that ingress and egress be limited to right-turn only and that landscaped areas have curbs of treated material to prevent infiltration of the parking surface crushed rock into the landscaped areas. See Exhibit D-7. XI Notice of public hearing was published in the Bainbridge Review on July 6 and 13, 1988. Exhibit F-4. A notice of public hearing was also posted on the property on July 6, 1988, Exhibit F-5. When the hearing examiner walked the site on July 14, 1988, she did not see notice of public hearing posted on the site or at the proposed entrance. She informed City Land Use Administrator Mike Regis. A notice of the City SEPA official Determination of (Environmental) Non-significane had been previously posted property on May 27, 1988 (Exhibit F-2). on the CONCLUSIONS OF LAW This matter is properly before the hearing examiner. Notice of public hearing was adequate. Even assuming that notice posted on the property was vandillizted or removed, the published notice satisfies WMC 16.04.190 C. which requires "one or more" of several methods of providing public notice. Moreover, a cross-section of Winslow citizens had sufficient actual notice to enable them to attend the public hearing. II A commercial parking lot is a conditional use in the commercial Gateway District. 1987 Zoning Ordinance, section X-1.3.F. III The Gateway District has additional yard and parking landscaping requirements. Section X-I.6.C. of the 1987 Zoning Ordinance 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 and Exhibits C-5a and b. IV Section X-I.7. of the 1987 Zoning Ordinance requires that parking areas be separated from public street rights-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 effectrive screen, the Planning Agency allowed the required fifteen-feet landscaped strip to be reallocated to other areas in the interior of the parking lot, to screen buildings and parked cars from view along Winslow Way East. Finding of Fact VII. Parking along the Winslow Way entrance would be setback about sixty feet from the public right-of-way; this set back would contain landscaped strips well in excess of the required fifteen feet width. See Findings of Fact III and IV, and Exhibit C-5a. V Winslow's 1987 Zoning Ordinance, section XIII.12 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. It is difficult to determine from the site plan whether or not these requirements have been met. As set forth in Finding of Fact VII, John Rudolph testified that these requirements had been met by the plan, pointing out landscaping percentages lot by lot and explaining calculations for each. He further explained that because the planned landscaping (17%) plus so far exceeds the 10% minimum required, even eliminating from the calculations the landscaped screening of the shop buildings on parcel C-i, the landscaped areas of the parking lot would still meet the above requirements of the 1987 Zoning Ordinance. Although specific plant materials have not yet been selected, the general proposal is depicted in Exhibit C-5a, which calls for evergreen trees, evergreen ground cover and flowering shrubs as required by this section of the ordinance. VI Because of the existing site-obscuring berms on the east and west sides of the parking lot, additional site-obscuring fencing is not required. Fences and landscaping would be installed on the north and south ends of the main portion of the parking lot, to screen the shop building, auto repair site and wrecking yard in accordance with 1987 Zoning Ordinance Section XIII.13. See Exhibit C-5a, and Findings of Fact II, III, and VII. VII The parking lot grading appears to meet the requirements of section XIII.14 of the 1987 Zoning Ordinance. Most, if not all, the parking lot would be flat, with vehicles parrked at an angle the site's slope. See Exhibit C-5b, and Finding of Fact VI. of to VIII The parking lot lighting would be designed in such a way as to prevent glare off-site in accordance with section XIII.15. of the 1987 Zoning Ordinance. See Finding of Fact VIII. IX The paved entrance and gravel parking surface meet the requirements of section XIII.11 A. of the 1987 Zoning Ordinance that surfaces be maintained so to limit dust, while at the same time maintaining absorption of water on-site. The project also meets subsection B.~ requiring adequate storm drainage. See Finding of Fact VI. X Section X-I.1. of the 1987 Zoning Ordinance sets forth the purposes of the commercial zone Gateway District as follows: Ao 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, as Karen Driscol testified, it does enhance present retail services by encouraging commuters to shop in the Winslow retail core on the way home. Other persons testifying at the hearing also felt that Winslow's position as a state ferry terminus mandated that Winslow provide parking services for commuters, who arguably meet the purpose A. definition of the "visiting public". 8 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. 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 wrecked cars to the north end of the property. Further, the design of the entrance driveway and pedestrian walkway would enhance the public's view of the ravine, a very special component of Winslow's "natural setting". As explained by the project architect, a commercial parking lot is not the best use of the property in this Gateway location. But it is planned as merely an interim use, it is an aesthetic improvement upon the past and existing uses, and it is an allowed conditional use in this zone. See Findings of Fact IX, II, V, and VII. XI Except for the above reservation concerning commercial parking in the Gateway District, the project meets the criteria which Applicant must demonstrate in a hearing for a conditional use permit as set forth in the 1987 Zoning Ordinance, section XVI.4: 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, rights of other persons. and 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), 9 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." page 15. As with most proposals to add people, vehicles, or other development, the project is not totally 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 to develop the 82- stall commercial parking lot depicted in the June 20,1988, site plan, Exhibit C-5a, is granted on the following conditions: 1. Development shall occur in accordance with the revised June 1988 site plan, Exhibit C-5a. Any changes shall be approved in advance by the City Land Use Department and/or City Planning Agency; 2. Landscaping shall meet the requirements of Winslow Zoning Ordinance 87-30, Sections XIII.13 and X-I.7. and shall screen the parking lot and auto shop buildings as proposed in Exhibit C-Sa.; 3. Curbs of treated material shall be installed between landscaped areas and the parking lot to prevent crushed rock infiltration into the landscaped areas; 4. Low level lighting shall not produce glare off-site; 5. Storm drainage as proposed, including an oil separator, shall be installed and maintained by Applicant. Drainage shall be designed to enhance erosion control and to preserve the ravine area to the west; 6. Ingress and egress shall be by right-turn only between the parking lot driveway and Winslow Way East; 10 7. Vehicular access shall be limited to the western driveway between the Beach buildings and the ravine. Except for emergency vehicles, vehicular access to the parking lot shall be prohibited from South View Street. Dated this 28th day of July 1988 J.Robin Hunt 11