HomeMy WebLinkAbout4416 Fairmount Avenue Address:
4416 airmount Avenue
PREPARED 1/10/17, 10:29:25 INSPECTION TICKET PAGE I
CITY OF PORT ANGELES INSPECTOR: JAMES LIERLY DATE 1/10/17
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ADDRESS . ; 4416 FAIRMOUNT AVE SUBDIV:
CONTRACTOR : PHONE
OWNER 4412 FAIRMOUNT AVE LLC PHONE
PARCEL 06-30-08-5-8-2100-0000-
APPL NUMBER: 16-00000494 COMM NEW CONST
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PERMIT: BPC 00 BUILDING PERMIT - COMMERCIAL
REQUESTED INSP DESCRIPTION
TYP/SQ COMPLETED RESULT RESULTS/COMMENTS
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BL1 01 11/10/16 JLL BLDG FOUNDATION FOOTING
11/10/16 AP November 10, 2016 3:00:31 PM jlierly.
BLRI 01 12/01/16 PB BLDG REBAR INSPECTION
12/05/16 AP November 30, 2016 10:46:14 AM pbarthol.
Slab on grade rebar inspection.
AM
before 11:00
Adam 206-715-3326
December 5, 2016 10:10:38 AM pbarthol.
BL99 01 1/10/17 BLDG FINAL
�. L.g January 10, 2017 10:33:39 AM jlierly.
VA Adam 206-715-3326
------------------- - ----------- COMMENTS AND NOTES --------------------------------------
CITY OF PORT ANGELES
DEPARTMENT OF COMMUNITY 8-, ECONOMIC DEVELOPMENT- BUILDING DIVISION
321 EAST 5TH STREET, PORT ANGELES, WA 98362
Application Number . . . . . 1G-00000494 Date 11/01/16
Application pin number . . . 875764
Property Address . . . . . . 4416 FAIRMOUNT AVE
ASSESSOR PARCEL NUMBER: 06-30-08-5-8-2100-0000- REPORT SALES T"
Application type description COMM NEW CONST
on your state excise tax fonn
Subdivision Name . . . . . .
Property Use . . . . . . . . to the City of Port Angeles
Property Zoning . . . . . . . COMMUNITY SHOPPING DISTR (Location Code 0502)
Application valuation . . . . 250000
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Application desc
NEW 601 WCF WITHIN 21IX50' LEASED AREA
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Owner Contractor
------------------------ ------------------------
4412 FAIRMOUNT AVE LLC OWNER
PO BOX 747
PORT ANGELES WA 98362
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Permit . . . . . . BUILDING PERMIT COMMERCIAL
Additional desc NEW WCF
Permit Fee . . . . 1860.25 Plan Check Fee 1209.16
Issue Date . . . . 11/01/16 valuation . . . . 250000
Expiration Date 5/01/17
Qty Unit Charge Per Extension
BASE FEE 1020.25
50.00 5.6000 THOU BL-100,001-500K (5.60 PER K) 840.00
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cial. Notes and Comments
e Fire Department has reviewed the project application and
a
s no comments
April 27, 201G 2:42:11 PM pbarthol,
Project will need to meet all conditions as approved through
the conditional use permit.
Electrical load calculations and electrical permits are
required.
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Other Fees . . . . . . . . . STATE SURCHARGE 4.50
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Fee summary Charged Paid Credited Due
----------------- ---------- ---------- ---------- ----------
Permit Fee Total 18GO.25 1860.25 .00 .00
Plan Check Total 1209;16 1209.1G .00 .00
Other Fee Total 4.50 4.50 .00 .00
Grand Total 3073.91 3073.91 .00 .00
Separate Permits are required for electrical work,SEPA,Shoreline,ESA,utilities,private and public improvements. This permit becomes
null and void if work or construction authorized is not commenced Within 180 days,if construction or work is Suspended or abandoned
for a period of 180 days after the work has commenced, or if required inspections have not been requested within 180 days from the
last inspection. I hereby certify that I have read and examined this application and know the same to be true and correct. All provisions
of laws and ordinances governing this type of work will be complied with whether specified herein or not. The granting of a permit does
not presume to give authority to violate or cancel the provisions of any state or local law regulating construction or the performance of
construction.
W/Z J - Ll
Date Print Name Signature of Contractor or Authorized Agent Signature of Owner(if owner is builder)
T:Forms/Building Division/Building Permirl
BUILDING PERMIT INSPECTION RECORD
— PLEASE PROVIDE A MINIMUM 24-HOUR NOTICE FOR INSPECTIONS—
Building Inspections 417-4815 Electrical Inspections 417-4735
Public Works Utilities 417-4831 Backflow Prevention Inspections 417-4886
IT IS UNLAWFUL TO COVER, INSULATE OR CONCEAL ANY WORK BEFORE INSPECTED AND ACCEPTED.
POST PERMIT INCONSPICUOUS LOCATION. KEEP PERMIT AND APPROVED PLANS AT JOB SITE.
Inspection Type Date Accepted By Comments
FOUNDATION:
Footings
Stemwall
Foundation Drainage I Downspouts
Piers
Post Holes(Pole Bldgs.)
PLUMBING:
Under Floor/Slab
Rough-In
Water Line(Meter to Bldg)
Gas Line
Back Flow/Water
AIR SEAL:
Walls
Ceiling
FRAMING:
Joists/Girders/Under Floor
Shear Wall/Hold Downs
Walls/Roof/Ceil ing
Drywall(interior Braced Panel Only)
T-Bar
INSULATION:
Slab
Wall/Floor/Ceiling
MECHANICAL:
Heat Pump/Furnace/FAU/Ducts
Rough-In
Gas Line
Wood Stove/Pellet/Chimney
Commercial Hood/Ducts
MANUFACTURED HOMES:
Footing/Slab
Blocking&Hold Downs
Skirting
PLANNING DEPT. Separate Permit#s SEPA:
Parking/Lighting ESA:
Landscaping ISHORELINE:
FINAL INSPECTIONS REQUIRED PRIOR TO OCCUPANCY1 USE
Inspection Type Date Accepted By
Electrical 417-4735
Construction - R.W. PW /Engineering 417-4831
Fire 417-4653
Planning 417-4750
Building 417-4815
For City Use
CITY OFPORTANGELES Permit# 4
WASH INGTON . U. S. Date Received: 4 - 7- 1
321 E 5th Street Date Approved 41100 1 ,
Port Angeles,WA 9836 '7 1 t"I t
P:360-417-4817 F:360-417-4711 &
Email:permits0ci1yofga.us BUILDING PERMIT APPLICATION
ect Address:4414Fairmount Ave
Phone:509.998.9015
Primary Contact:Angela Raymond Email:araymond@centerlinesolutions.com
Name Malvinder S & Jagdish K. Ki g Phone
Property MailingAddress 1137 West HWY 101 Email
Owner
city Port Angeles State WA 3
Name TBD Phone
Contractor Address Email
Information city State Zip
— I- Hn�actor License# Exp.Date:
FfegVescription: Zoning: Tax Parcel# Project Value: (materials and labor)
I V1 CSD 063008582100 $ 250,000
Residential 11 Commercial Industrial 11 Public 0
Permit Demolition Fire 11 Repair 1:1 Reroof(tear off/lay over)
Classification For the following.fill out both pages of permit application:
(check New Construction 9 Exterior Remodel Addition 1:1 Tenant Improvement 0
appropriate) IMechanical 11 Plumbing 1:1 Other 11
Fire Sprinkler System Proposed Irrigation System Proposed or Proposed Bathroo Proposed Bedrooms
or Existing? Yes 0 No El I Existing? Yes [3 No El None !�Nans
In addition to standard hard copy submittals please send a PDF copy of all Stormwater plans and Engineering to
www.stormwater0qq&a.us
Project Descrip ion Rqpmad6VnewVftek--.�Communication Facility wffilin a 217W1kgsmdaNM.
Rnpood GO'nLw Vftekss Communication Facility willhin a 217W I
SeE6eonetajcMmUkaWnWdbmcmfttdetaiI
Is project in a Flood Zone: Yes 0 Noffl Flood Zone Type:
If in a Flood Zone,what is the value of the structure before proposed improvement? $
1 have read and completed the application and know it to be true and correct. I am authorized to apply for
this permit and understand that it is my responsibility to determine what permits are required and to
obtain permits prior to work. I understand that plan review fees are not refundable after review has
occurred. I understand that I will forfeit review fees if I withdraw the application before the permit is
issued. I understand that if the permit is not picked up/issued within 18o days of submittal,the application
will be considered abandoned and the fees will be forfeited.
Date![� Print Name Signa re
Residential Structures
Existing Proposed Construction For Office Use
Area Descriptions(SQ FT) Floor area Floor area $Value ngw-_area
Basement
First Floor
Second Floor
Covered Deck/Porch/Entry
Deck(over 30"or ed floor)
Garage
Carport
Other(describe)
Area Totals
Commercial Structures
Area Descriptions(SQ FT) Existing Proposed Construction For Office Use
Floor area Floor area $Value new area
Existing Structure(s)
Proposed Addition
AL 1050
Ten I Improvement?
Othel-1york(describe)
Site Area Totals 1050T
Lot/Site Coverage Calculations
Lot Size(sq ft) Lot Coverage(sq ft)foot print of %Lot Coverage(Total lot cov-- lot size) Max Bldg Height
27561 1 all structures sq ft 160'
Site Coverage(Sq Ft of all impervious) %of Site Coverage(total site cov+lot size)
Mechanical Fixtures
Indicate how many of each type of fixture to be installed or relocated as part of this project.
Air Handler I Size: # Haz/Non-Haz Piping Outlets:
Appliance Exhaust Fan # Heater(Suspended,Floor,Recessed wall) #
r
Boiler/Compressor Size: # Heating/Cooling appliance #
I repair/alteration
Evaporative Cooler(attached,not # Pellet Stove/Wood-burning/Gas #
port le) Fireplace/Gas Stove/Gas Cook Stove/Misc.
Fuel Gas Piping #of Outlets: Ventilation Fan,single duct #
Furnace/Heat Pump/ Size: # Ventilation System #
Forced Air Unit I I
Plumbing Fixtures
Indicate how many of each type of fixt e to be installed or relocated
Plumbing Traps # Water Heater #
Plumbing Vent piping # Medical gas piping #of Outlets:
Water Line # Fuel gas piping #of Outlets:
Sewer Line # Industrial waste pretreatment
interceptor(Grease Trap) Size
Other(describe):
T:\BUILDING\APPLICATION FORMS\Current BP Application\Building Permit 4-17-13.docx
DavisWright Suite 2300
777 108th Avenue NE
L'S'N' TremaineLLp E C E I'll VV E Bellevue,WA 98004-5149
JUL H Charles Maduell
425-646-6119 tel
2016 M
'D 425-646-6199 fax
C1 Af,11C .71ES
COMN IMIK,0"VE.L.OPMENT chuckmaduell@dwt.com
July 18, 2016
Nathan West,
Director of Community & Economic Development/Building Official
City of Port Angeles
PO Box 1150
Port Angeles, WA 98362
Re: Building Permit 16-494 (WA I Albertson) -4416 Fairmount Avenue
Dear Mr. West:
e represent Verizon Wireless and are writing on its behalf regarding the above-referenced
�plication for a building permit to construct a wireless communications facility at 4416
airmount Avenue in the City of Port Angeles. As part of its review of the permit application,
the City is requiring road and frontage improvements. Because such improvements cannot
lawfully be imposed on this proposed wireless communications facility, Verizon Wireless
requests that the City approve and issue the permit without requiring any road or frontage
improvements as a condition approval.
Verizon Wireless is proposing to construct a new wireless communications facility ("WCF")
consisting of a 60-foot telecommunications monopole tower with three arrays of panel antennas
and associated ground equipment mounted on a concrete pad within a fenced 30' by 35' graveled
area on a .61-acre parcel zoned Commi-inity Shopping,District. Access to the WCF will be via a
new 12' graveled driveway from Fairmount Avenue. The proposed WCF will be located in the
south end. of the property. An existing single family dwelling and out-building, with their own
access driveway, is located on the northernmost two-thirds of the property.
On November 10, 2015, the City Heating Examiner approved an unclassified use permit (UUP)
application f6r Verizon Wireless' proposed WCF, with conditions. The decision did not address
road or frontage improvements; nor did the Hearing Examiner require any such improvements as
a condition of approval. Instead, if anything,the Hearing Examiner found that there should be
no impacts to traffic from the unmanned WCF. As no one appealed the decision approving the
UUP application, it_is now final and binding.
DWT 30059513vt 0052051-000032
1 Anchorage New York Seattle
Bellevue Portland Shanghai
Los Angeles San Francisco Washington.D.C. www.dwi.com
Ju ly 18, 2016
Page 2
Verizon Wireless has since applied to the City Building Division for a building permit for the
WCF. The City Building Division, based on review comments from the Public Works
Department, is requiring installation of full street frontage improvements along the west side of
Fairmount Ave as a condition of building permit approval, including road widening, a paved
tapered transition, curb, gutter, and sidewalk. Again, these improvements were not raised or
discussed in the UUP review and hearing proceedings; nor were they imposed as a condition of
UUP approval.
The City lacks authority to impose the required road and frontage improvements on the proposed
WCF. The City's stated basis for doing so is Section 3B.07 of the City's Urban Services
Standards and Guidelines, which provides that"[a]ll commercial and residential (including
multifamily) developments, subdivisions, plats and short plats shall install street frontage
improvements at the time of construction as required by the Department of Public Works and
Utilities...." These standards and guidelines were adopted pursuant to PAMC 18.08.130, which
authorizes the City department responsible for administering the urban services set forth in
Chapter 18.08 to develop implementing guidelines which describe how such urban service
Jkquirements are to be met. However, none of the urban services requirements in Chapter 18.08
'ply to or require road.or frontage improvements for the proposed WCF. See PAMC
8.08.030-.120. There is thus no basis or authority under Chapter 18.08 to require off-site road
improvements for Verizon Wireless' WCF pursuant to the implementing regulations in Section
313.07 of the Urban Services Standards and Guidelines.
Even if not, requiring Verizon Wireless to install off-site road improvements would violate RCW
82.02.020 and the takings clauses of the state and federal constitutions.
RCW 82.02.020 prohibits cities from imposing a"tax, fee, or charge, either direct or indirect, on
...the development, subdivision, classification or reclassification of land"unless "reasonably
necessary as a direct result of the proposed development,or plat." In this case, the required street
and frontage requirements are not directly related to the traffic generated by the proposed WCF.
In fact, as the Hearing Examiner found, there would be no impact to traffic from the proposed
unmanned facility. Thus, any condition requiring Verizon Wireless to construct or pay for off-
site road improvements would violate RCW 82.02.020. See, e.g., Benchmark Land Co. v. City of
Battle Ground, 146 Wn.2d 685, 695, 49 P.3d 860 (2002) (Court struck down condition that
required developer to make half-street improvements to a street adjoining the development even
though traffic studies concluded that the traffic increase on the street where the City required the
improvements would be minimal); United Dev. Corp. v. City ofMill Creek, 106 Wn. App. 68 1,
698-99, 26 P.3d 943 (2001), review denied, 145 Wn.2d 1002 (2001) (Court struck down
requirement of frontage improvements for drainage when there was no evidence that the
proposed development would have any effect on drainage on the adjacent street).
DWT 30059513vi 0052051-000032
July 18, 2016
Page 3
It would also constitute an unconstitutional taking under state and federal constitutions since the
condition requiring off-site street improvements is not reasonably related to or roughly
proportional to the impact the proposed development would have on traffic. See, e.g., Nollan v.
Cal. Coastal Comm'n, 483 U.S. 825, 107 S. Ct. 3141, 97 L. Ed. 677 (1987) (City must show
44essential nexus"between required condition and impact of development); Dolan v. City of
Tigard, 512 U.S. 374, 386-94, 114 S. Ct. 2309, 129 L. Ed..2d 304(1994) (City must make
individualized determination the required condition is "roughly proportional"to the impacts of
the proposed development).
Thus, while the City does not have authority under its code to impose a condition on the
proposed WCF that would require Verizon Wireless to make off-site road and frontage
improvements, even if it did, any such condition imposed on the proposed WCF would violate
RCW 82.02.020 and constitute an unconstitutional taking of property under the state and federal
constitutions. Under these circumstances, the City should approve and issue the building permit
for the WCF without requiring any road and frontage improvements as a condition of approval.
lease feel free to contact me if you have any questions regarding this request.
Sincerely,
Davi�s�ight e aine LLP
is ig t
Char es VMaduell
cc: William Bloor, City Attorney
Eric Walrath, Engineering Projects Supervisor
V Pat Bartholick, Development Services Specialist
Angela Raymond, Site Acquisition Specialist, Centerline Solutions,
Verizon Wireless
DWT 30059513vl 0052051-000032