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HomeMy WebLinkAboutMLA13-00100 Jefferson Transit HE DecisionOFFICE OF THE HEARING EXAMINER JEFFERSON COUNTY I7 REPORT AND DECISION F-OM CASE NO.: Conditional Use Permit 0 - 6 2014 MLA13-00100/ZON13-00029 FER50N COUNTYMMU��liY DEVELMMEW OWNERS: Jefferson Transit Authority 1615 West Sims Way Port Townsend, WA 98368-3090 PLANNER: Zoe Ann Lamp, AICP SUMMARY OF REQUEST: Conditional use permit to allow Jefferson Transit Authority to construct a new transit facility at 63 Four Corners Road. The facility will consist of an approximately 15,000 square foot administration and maintenance building, bus parking, canopied fuel island, gantry wash building, staff and visitor parking area, park and ride, transit shelter, and public restroom facility. A single access from Four Corners Road would serve the site. SUMMARY OF DECISION: PUBLIC HEARING: Request granted, subject to conditions. After reviewing the Jefferson County Department of Community Development Staff Report and examining available information on file with the application, the Examiner conducted a public hearing on the request as follows: The hearing was opened on January 28, 2014, at 2:00 p.m. Parties wishing to testify were sworn in by the Examiner. The following exhibits were submitted and made a part of the record as follows: SEE ATTACHED INDEX LIST ZOE ANN LAMP appeared, presented the Department of Community Development Staff Report, and described the project. She referred to Table 3-1 in the zoning code and determined that the project meets the definition of an unnamed essential public facility. 1X Such use requires a conditional use permit in both the Rural Residential 1:5 and 1:10 zone classifications. The parcel is split zoned with most of it in the 1:10 classification. The County responsible official reviewed the matter pursuant to SEPA and issued a DNS on January 14, 2014. The appeal period expired January 22, 2014, and no comments or appeals were received. The County provided proper public notice and the applicant posted the site. The proposal meets all conditional use criteria as set forth and discussed in the Staff Report. The applicant requests five years as apposed to three years to submit a building permit or other necessary development permit because of funding issues. Staff supports the applicant's request. SAMANTHA TRONE appeared and testified that she works for the City of Port Townsend. The applicant agrees with the Staff Report and has no issues with conditions of approval. JIM GIBSON, professional engineer, appeared and testified that the applicant will install a dispersion stormwater system that will infiltrate water into the ground. The location of the pond will not impact the adjoining property owner. The storm drainage system will meet all Jefferson County standards. MARK HURLEY appeared and in answer to the Examiner's question testified that they propose to install approximately ten 30 foot tall light poles they would locate at the edge of the driveway and bus parking area. They are saving all trees around the perimeter of the site and all such trees are higher than the 30 foot poles. They will also install heels around the lights to prevent them from migrating onto adjacent parcels. The water system can presently provide 750 to 850 gallons per minute that is sufficient to operate the sprinkler systems in the buildings. The water company is upgrading the system to provide 1,200 gallons per minute that will provide more than adequate fire flow. MS. TRONE reappeared and testified that they will eliminate the bus shelter on SR-20 when the transit shelter is installed within the project adjacent to the park and ride. JEFF SELBY appeared and testified that he represents the Peninsula Trail Association which strongly favors the plan. The ODT (Olympic Discovery Trail) could pass through the site. He has concerns regarding the width of the trail proposed by the applicant. The applicant proposes a minimum trail ten feet in width that would be an exception to the present trail width of between 12 and 14 feet. He suggests a reconsideration of the trail width along the frontage of Four Corners Road. A six foot wide trail could create problems due to its multi -use by walkers and bikers. The condition regarding the creation of an easement does not establish the width of the easement that is normally 30 feet. However, he would not find such width necessary on this site. The association wants to continue the trail from its present end to trails in Clallam County. The ODT trail presently stops .2 miles west of the Four Corners Road /SR-20 intersection. At the terminus an equestrian parking area is also provided so horse traffic could occur on the trail in front of the transit station. The trail will continue past the transit station to Anderson Lake. The Board of County Commissioners has not adopted a route for the trail but the association prefers the route that he described. 2X GERALD BRAUDE appeared and testified that he is also with the Peninsula Trail Association. They have made progress in their discussions with the Board of County Commissioners. The Board fully supports the trail and they are now working with Monty Rainders, County Public Works Director, to establish the route for the trail. NIK WORDEN appeared and testified that he is the former trail coordinator and agrees with the applicant and Public Works that crossing the site near Four Corners Road is appropriate. The site plan would accommodate the work and they can build the trail later. The trail will eventually extend from the Pacific Ocean through Clallam County to the present location. Buses and cyclists are critical to a transportation plan. A high number of transit users will also use the trails. MS. TRONE reappeared and testified that should the ODT cross the property they will provide a 14 foot wide trail through a corridor of trees near the south property line. Should the ODT not cross the property, they would propose a five to six foot wide, internal trail as shown on the site plan. Said trail would circulate through the site. No one spoke further in this matter and the Examiner took the matter under advisement. The hearing was concluded at 2:40 p.m. NOTE: A complete record of this hearing is available in the office of Jefferson County Department of Community Development. FINDINGS. CONCLUSIONS, AND DECISION: FINDINGS: The Hearing Examiner has heard testimony, admitted documentary evidence into the record, viewed the property, and taken this matter under advisement. 2. This proposal was reviewed pursuant to the State Environmental Policy Act (SEPA). Jefferson County acted as lead agency and issued a Determination of Non - Significance (DNS) on January 7, 2014 (Exhibit # 42). 3. Notice of Public Hearing. - Published in Port Townsend Leader: January 8, 2014 • Mailed to Agencies and Adjacent Property Owners: January 7, 2014 (Exhibit # 47) • Notice posted on subject property: January 3, 3014 (Exhibit # 44) • Hearing date: January 28, 2013 at 2:00 p.m. 4. The applicant has a possessory ownership interest in an irregularly shaped, 10.63 3X acre parcel of property located at the northeast quadrant of the intersection of SR- 20 and Four Corners Road, approximately five miles south of the City of Port Townsend within unincorporated Jefferson County. The parcel abuts Four Corners Road for 408 feet and SR-20 for 640 feet. The applicant requests a conditional use permit to allow construction of a new transit facility that would replace its existing facility located at 1615 West Sims Way, Port Townsend. 5. The site plan shows access provided via a single driveway extending north from Four Corners Road near the southeast corner of the portion of the parcel that abuts said road. The drive extends directly north to a bus parking area, fuel island canopy, and bus wash facility. A second driveway intersects the main drive nearthe entrance to the bus parking area and extends west. This second drive provides access to a staff and visitor parking lot and a park and ride facility that together contain 104 parking spaces. The site plan shows a transit shelter located between the main entry drive and the park and ride lot. A 15,000 square foot, administration and maintenance building is shown north of the park and ride lot and west of the bus parking area. The site plan also shows a crushed rock path extending from an existing bus shelter on SR-20 around the west, north, and east portions of the improved areas and terminating on the eastern side of the entry drive at Four Corners Road. Upon completion of the transit shelter the applicant will remove the bus shelter on SR-20. 6. Subject to the Board of County Commissioners' approval the applicant has agreed to extend the Olympic Discovery Trail (ODT) along the southern portion of the site from SR-20 to its eastern property line. Should such occur the applicant would no longer construct the internal, crushed rock path. At present the Board of County Commissioners has not adopted a location for the ODT. If said trail extends across the site, the applicant will construct a 14 foot wide, asphalt surface trail. The ODT will eventually extend 130 miles from Port Townsend to La Push on the Pacific shore. The applicant, the Department of Community Development, the Jefferson Trail Association, and the Peninsula Trail Association all agree with the trail proposal. 7. Virtually the entire parcel is located within the Rural Residential (RR) 1:10 designation of the Jefferson County Comprehensive Plan. A .147 acre portion of the site located at the proposed entrance is located in the RR1:5 designation. Said portions of the parcel are likewise located in the RR1:10 and RR1:5 zone classifications of the Jefferson County Code (JCC). Abutting uses along the north side of Four Corners Road to the east are limited to single-family residential dwellings. A convenience store with gasoline pumps is located at the southeast quadrant of the Four Corners Road/SR-20 intersection. A single-family residential home abuts the gas station/convenience store to the east and is directly across Four Corners Road from the transit facility entrance. A mini -storage facility is located at the southwest quadrant of said intersection, and a UPS distribution/sorting facility is to the west thereof. Parcels to the west of SR-20 4X opposite the site remain unimproved. Four Corners Road changes to Discovery Road east of the SR-20 intersection. 8. DCD staff determined that the proposed use satisfies the definition of "Unnamed essential public facilities" set forth in Table 18.15.040 JCC. Said Table authorizes such uses within both the RR1:5 and RR1:10 zone classifications subject to a conditional use permit. Even if the facility is considered "Park and ride lots/transit facilities", such use is also allowed in both zone classifications subject to a conditional use permit. 9. Table 6-1 in Section 18.30.050 JCC sets forth "Density, Dimension, and Open Space Standards" for all zone classifications. Note 11 to said Table designates Four Corners Road as a "minor collector" and SR-20 as a "principal arterial". Table 6-1, requires minimum structural setback of 20 feet from Four Corners Road and 50 feet from SR-20. The site plan shows all structures meeting setback requirements from both roads. Said Table also requires minimum rear and side yard setbacks of five feet, and all improvements will maintain a significantly greater setback. The Table limits building heights to 35 feet and the applicant proposes a building with a maximum height of 29 feet as measured in accordance with JCC 18.30.050(3)(e). The project therefore satisfies all bulk regulations of both the RR1:5 and RR1:10 zone classifications. 10. Pursuant to Note 19 of Table 6-1 the JCC exempts "Public purpose facilities" from maximum impervious surface requirements. The project satisfies the definition of Public purpose facilities set forth in JCC 18.10.160 as follows: "Public purpose facilities" means lands and facilities needed to provide the full range of services to the public provided by government, substantially funded by government, contracted for by government, or provided by private entities to meet public service obligations. The site plan proposes impervious surfaces covering approximately 3.8 acres of the 10.6 acre parcel. Such calculates to approximately 36 percent coverage, which exceeds the maximum allowed impervious area coverage of 25 percent for the RR1:10 classification. However, as set forth above, the maximum impervious surface coverage requirements do not apply to the project. 11. Section 18.30.140(1) JCC limits the height of exterior lighting fixtures to 30 feet above finished grade for commercial and industrial uses and 20 feet for residential uses. Said section also requires that lights be directed downward and away from adjoining properties and public rights of way. In the present case, the applicant proposes 30 foot tall, lighting poles along the east side of the entry drive and around the bus parking area. The applicant will ensure that the lighting fixtures comply with the requirements of JCC 18.30.140 that require shielding and recessing of lights so that direct glare and reflection do not extend beyond the boundaries of the parcel. 5X A visit to the site shows that surrounding commercial uses are well lit, but that no lights extend 30 feet above grade. However, due to the nature of the proposed use that will include substantial use by the public during hours of darkness in the winter months, the proposed lighting is appropriate. Furthermore, the site plan shows preservation of trees around the perimeter of the site, many of which extend considerably higher than the proposed light standards. Furthermore, the site plan shows a setback of approximately 40 feet from the entry drive to the east property line and such will provide a reasonable buffer for the single-family home therein. 12. Staff's proposed Findings 1-10 as set forth on Pages 4-13 of the Staff Report are hereby incorporated by this reference as if set forth in full. CONCLUSIONS- 1 The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. 2. The applicant has shown that the request for a conditional use permit satisfies all criteria set forth in JCC 18.40.430 and that the proposed use of the site satisfies all bulk regulations of both the RR1:5 and RR1:10 zone classifications. Furthermore, the request is consistent with policies of the Jefferson County Comprehensive Plan and its Transportation Element as set forth in the Staff Report. Finally, the project satisfies all criteria set forth in Chapters 18.20 and 18.30 JCC. Therefore, the conditional use permit should be approved subject to the following conditions. 1. All clearing, grading and construction shall comply with the geotechnical report prepared by Landau Associates dated August 23, 2013, revised November 8, 2013 and any subsequent addendums to this geotechnical report. 2. At the time of development permit application the applicant shall submit a letter from Landau Associates stating the plans comply with the geotechnical report dated August 23, 2013, revised November 8, 2013 and addendums. 3. Prior to final inspection of all development permits the applicant shall submit an original stamped letter from Landau Associates demonstrating that portion of the proposal complied with the geotechnical report and addendums. 4. Trail Construction: Phase 1 - JTA shall dedicate an easement for the future trail as part of the current project. The final location of the easement to be determined through coordination with JTA and Jefferson County. JTA shall prepare legal descriptions and related easement documents. Easement to be relinquished should alternative trail routing be determined. 6X Phase 2 — When the park and ride is constructed, JTA shall be responsible for constructing a trail within the easement. This can be a smaller trail than the 14 foot trail required for the Olympic Discovery Trail - approximately 5-6 feet. Phase 3- If it is decided that the Olympic Discovery Trail will extend through the easement, JTA shall construct the full trail width at that time. 5. The applicant shall work with East Jefferson Fire and Rescue, the Jefferson County Fire Marshal and Jefferson County Fire Code Consultant to ensure adequate water sources and facilities are provided for the development. The applicant shall not apply for a building permit until such time as adequate water sources and facilities are available for the development. 6. The development shall be provided with adequate on -site wastewater and on -site sewage systems and drainfields approved by the appropriate permitting agency. Design and construction standards for on -site wastewater and sewage disposal shall conform to the requirements of the Jefferson County department of health or the agency having regulatory responsibility for the system. 7. The applicant shall apply for, obtain and comply with a Jefferson County Commercial Road Access Permit from Jefferson County Public Works. If the proposal is revised to include access off of SR 20 the applicant shall obtain and comply with a Washington State Department of Transportation Road Access Permit. 8. If any of the area that is shown on Exhibit # 12, page 2 of 4 as "Existing Trees and Understory to Remain" is disturbed during construction it shall be replanted with native vegetation and maintained until firmly established. 9. The required landscaping shall be installed prior to project occupancy. However, a certificate of occupancy may be issued prior to installation of the required landscaping if a bond or other form of appropriate surety is posted in a manner acceptable to the administrator. The time limit for compliance may be extended to allow installation of such required landscaping during the next planting season. 10 All landscaping and necessary support systems shall be maintained for the life of the project. All landscape materials shall be pruned and trimmed as necessary to maintain a healthy growing condition. Landscape areas shall be kept free of trash. 7X 11. Exterior lighting shall not exceed 30 feet in height from the finished grade (except when such lighting is an integral part of the building). Exterior lighting shall be energy -efficient and shielded or recessed so that direct glare and reflections are contained within the boundaries of the parcel. Exterior lighting shall be directed downward and away from adjoining properties and public rights -of -way. No lighting shall blink, flash, or be of unusually high intensity or brightness. All lighting fixtures shall be appropriate in scale, intensity, and height to the use they are serving. Any lighting installed in parking areas shall be of direct cutoff design so that the source is not visible from adjacent property. 12. The Conditional Use Permit expires five (5) years from the effective date of this Decision and any appeal period associated therewith. Should an appeal be filed the conditional use permit will expire five years from the date of the final resolution of the appeal. Extensions to the duration of the original permit approval are prohibited. The department of community development shall not be responsible for notifying the applicant of an impending expiration. 13. The decision set forth herein is based upon representations made and exhibits, including plans and proposals submitted at the hearing conducted by the hearing examiner. Any substantial change(s) or deviation(s) in such plans, proposals, or conditions of approval imposed shall be subject to the approval of the hearing examiner and may require further and additional hearings. 14. The authorization granted herein is subject to all applicable federal, state, and local laws, regulations, and ordinances. Compliance with such laws, regulations, and ordinances is a condition precedent to the approvals granted and is a continuing requirement of such approvals. By accepting this/these approvals, the applicant represents that the development and activities allowed will comply with such laws, regulations, and ordinances. If, during the term of the approval granted, the development and activities permitted do not comply with such laws, regulations, or ordinances, the applicant agrees to promptly bring such development or activities into compliance. DECISION: The request for a conditional use permit to allow improvement of a 10.6 acre parcel located at 63 Four Corners Road, Port Townsend, with a Jefferson Transit Authority transit facility that will include a 15,000 square foot, administrative and maintenance building, bus parking area, canopy fuel island, gantry bus wash building, staff and visitor parking area, park and ride, transit shelter, public restroom facility, and a trail(s) is hereby granted subject to the conditions contained in the conclusions above. 1 ORDERED this 4th day of February, 2014. ERHEN K. CAU EA , JR. Hearing Examiner 9X