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VE-5-00 . ~ 16 SPOKANE COUNTY HEARING E R RE Setback Vanance in the Urban ) FTNDINGS OF FACT, Residenhal-22 (LTR-22) zone; ) CONCLUSIONS OF LAW, Apphcant Irvin Water Distnct No 6) AND DECISION File No VE-5-00 ) I, S Y OF PROPOSAL AND DECISION Proposal: Apphcation for a structure height vanance, in the ex.istuig Urban Residennal-22 (UR-22) zone, to allow construchon of a pubhc utlhty standpipe reservoir for water storage at a maxunum height of SS feet Decision: Approval, subject to cond.itions The Heanng Examiner has reviewed the apphcation for a vanance permit and the evidence of record, and hereby adopts the following findings of fact, conclusions of law and decision: 1. BACKGROUND/FINDINGS OF FACT A. GeneralInformation: Applicant/Site Owner: Irvui Water Distnct No 6, 11907 East Trent Avenue, Spokane, WA 99206 Location: Generally located less than 300 feet east of the northerly ternunus of Cherry Street, approximately 800 feet east of State Route No 27 (Pines Road), in the NW '/4 of Secnon 10, Townslup 25 North, Range 44 EWM, Spokane County, Waslungton Legal Description: The subject property, and the easement for access and pipehnes to the site, are descnbed on the attachment to the vanance application subnvtted on 3-20-001n File No VE-5-00 Parcel Number: County Assessor tax parcel no 45102.9046 Zoning: Urban Residenhal-22 (CTR-22) The site is also located inside the Aquifer Sensitive Area (ASA) Overlay zone and the Public Transit Benefit Area designated by the Zonuig Code Comprehensive Plan: Urban category The site is also located mside the ASA, the Pnonty Sewer Service Area and the Urban Impact Area designated by the Plan HE Findings, Conclusions and Decision VE-5-00 Page 1 ! Critical Areas: County Cntical Areas maps designate Urban Natural Open Space throughout the site. Such maps also designate erodible soils on the site Some slopes on the site exceed 30% - IUGA: The site is located inside the mtenm urban growth area boundanes desigaated y the County pursuant to the State Growth Management Act Environmental Review: The vanance proposal is exempt from SEPA review, pursuant to WAC 197-11-800 (2)(e) Site Description: The subject property is 16,553 square feet in size, rectangular in shape and consists of a solid rock outcrop The site is the highest pomt m the area A low, relatively flat saddle bisects the nuddle of the site from north to south Several large pine trees are located on the property The site is undeveloped, and currently accessible only by foot. An access and unhty easement extends northerly from the proposed reservoir site for some distance, contuiues northwesterly for some distance, and then extends due west all the way to SR-27. Surrounding Conditions: SR-27 west of the site is a 4-lane state highway unproved wnth curb and sidewalk ui the vicuuty, and connects to Interstate 90 to the south. Mirabeau Parkway to the north and east is designated by the County as a 3-lane artenal, wlule Indiana Avenue to the south is designated as a Muior Artenal Mirabeau Parkway provides a new route from SR-27 to the Spokane Valley mall, located south of Indiana Avenue, between Evergreen Road extended and Sullivan Road. Cherry Street, wluch cul•de-sacs a few hundred feet west of the subject property, extends southerly to Mansfield Road Mansfield Road extends westerly to SR 27 The site is bordered on the north and west by a 15-acre parcel zoned UR-22, which is unproved with apartments to the west and is undeveloped to the north A school distnct admirustration building on land zoned UR-22 is found northwest of the site, north of Grace Street. The land lyuig south of the site is zoned UR-22 and developed wnth apartments. The densrty of the multi-family housing in the area is approximately 16 dwefling units per acre The nearest single-fanuly residences are generally found northwest of the site, west of SR-27 The land 1}nng east of the site is zoned Rural Residennal-10 (RR-10), is owned by the Washington State Deparbment of Natural Resources, is in a conservancy status as a natural area, and consists of a ponderosa pine woodland with large rock outcroppings Such land is undeveloped, except for a cyclone fence with barbed wire that runs from north to south in the vicinity. Some Light Industnal (I-20 zorung has recently been approved along the south and west sides of Mirabeau Parkway in the area, as part of the undeveloped Mitabeau Commercial and Industnal Park project See Heanrig Examiner decision dated 8-17-99 in Planning File No ZE-37-96 The area surroundmg the site is illustrated as Urban Natural Open Space on the County Cntical Areas maps wluch designate pnonty vvildlife habitat Project Descriptioa: The application requests a vanance in the existulg UR-22 zone to allow a steel standpipe reservou (tank) for water storage to be installed at a maximum height of 85 feet, whereas the UR-22 zone allows a maximum structure height of only 50 feet The site plan of record submitted on March 20, 2000 illustrates development of the proposed reservolr in the approxunate middle of the site, and shows requued landscaping along the site penmeter The HE Findings, Conclusions and Decision VE-5-00 Page 2 . site plan illustrates a transmission maui extending northwesterly from the reservoir, vnth an access and utilrty easement extending from the site northwesterly all the way to SR-27 The reservou would contain approximately 875,000 gallons of water At the public hearuig, the apphcant testified that the reservou would need to be located approximately 20 feet further to the east on the site, vvrthin the relatively flat saddle area, to provide a more stable foundation. B. ProceduralInformation,: Applicable Zoning Regulations: Chapters 14 404 and 14 622 of Spokane County Zoning Code Hearing Date and Location: May 31, 2000, Spokane County Pubhc Works Biulding, Lower Level, Commissioners Assembly Room, 1026 West Broadway, Spokane, WA Site Visit: May 29, 2000 Notices: Mailed May 10, 2000 Comphance: The legal requirements for pubhc notice have been met Hearing Procedure: Pursuant to County Resolurion Nos. 96-0171 and 96-0294 Testimony: James Richardson Nlichael Morse Division of Current PlaYUUng Inc• 1026 West Broadway 7147 North Flemming Spokane, WA 99260 Spokane, WA 99208 Items Noticed: Spokane County Generalized Comprehensive Plan, County Zorung Code, County Code, County Cntical Areas C?rdinance, County Guideluies for Stormwater Management, County Artenal Road Plan maps, and County Cntical Areas maps Final land use decisions referenced in Staff Report County Resolunon Nos 98-0201 (amending Guidehnes for Stormwater Management), 97-0874 (revising mtenm regulations for County NGAs), 97-0321 (adophng mtenm regulahons for County IUGAs), 97-0134 (establislung County IUGA boundanes), 96-0294 (Hearmg Exammer Rules of Procedure), 96-0171 (Heanng Exammer Ordinance), and 95-0498 (adopting Guidelines for Stormwater Management), and 85-0900 (adophng Zonuig Code, and Program to Implement Zonuig Code) Procedural Matter: After the public heanng, the Exammer received a copy of a geo-hazard evaluation dated 6-6-00 subrrutted by MSCE, Inc , consultmg engineers for the applicant Since the project had no opposirion, and a geo-hazard evaluatton was requued for the project, the Exammer has reopened the record to include such evaluation in the record In drafting this decision , the Exammer also discovered that the site is illustrated as Urban Natural Open Space on the County Cntical Areas maps wluch designate pnonty wildlife habitat A condition of approval has been added to address this matter HE Findings, Conclusions and Decision VE-5-00 Page 3 j III. LAND USE ANALYSIS FINDINGS OF FACT & CONCLUSIONS OF LAW 1 Because of sroecial circumstances apphcable to the property, includmg steeu slones. elevarion and the water needs of the area, stnct applicanon of the maximum 50-foot structure heieht reauired bv Zorung Code 14 622 335 in the Urban Residential-22 ([JR-22) zone creates nrachcal difficulties and deunves the property of nghts and pnvileges enjoyed bv other nro»erhes in the vicinitv and zoned UR-22 The granhng of the vanance will not be detnmental to the vublic welfare, nor iniunous to the property or improvements in the vicuuty and UR-22 zone The factors set forth in Zomng Code 14 404 082 (2) are substantiated, and grantint of the vanance will not violate anv of the factors set forth in Zoning Code 14 404 082 (3) T'he mimmum reauuements of RCW 36 70 810 have been established The apphcant requests a vanance to allow an 85-tall water standpipe reservoir to be uistalled on the site, while the UR-22 zone allows a maximum structure height of only 50 feet The srte is designated in the Urban category of the Comprehensive Plan The Urban category is intended to provide the opportunity for a"citylike" envuonment, including a vanety of land uses served by a lugh level of pubhc facihties and sernces It is pnmanly a residential category of single-family, two-fanuly, multifamily and condomuuum buildings, along with neighborhood commercial, light mdustnal, pubhc and recreational facihties. A residenhal density (net) of one (1) to 17 dwelling wuts per acre is reconunended The Urban category states that the more intensive uses such as hght industrial and neighborhood commercial should be located near the heavily traveled streets, with the less intensive uses such as residential isolated from the noise and traffic Major commercial, heavy industnal, agncultural and miiung uses are not considered compatible within areas of the county designated Urban Comprehensive Plan, Section 1 The Urban category includes, wnthout limitaUon, the follownng relevant pohcies• Objectzve 1 1 a Promote fill-in wtthrn establzshed development areas and exjsting outlying communihes where utclihes, arterlals, schools and com»:untty faciltties have already been estabhshed Decision Guideline 1 1 1 Urban development will be approved rn areas having adequate power supplies, water, sanitary and storm sewers, streets, and school and f re servcces, provcded that such development meets the intent of other Objechves and Deci.szon Guidelcnes of this sectioti Dectsron C'ntideline 112 Base net density for sangle famrly dwelling areas and for mulhfamily dwellcng areas may be tncreased throicgh bonus densities, zero lot lines or similar methods when meetrng the fill-in crtterra Decision Guideline 114 A variety of densities and resrdennal uses shocrld be avazlable to provide a freedom of choice to live in Urban areas HE Finduigs, Conclusions and Decision VE-5-00 Page 4 } y with varying densittes, combinattons, or mrx of uses (see detailed Urban deftnrtions) Objecnve 12. b Ensure adequate open space, recreational facilihes and parks for residennad development Decision Gutdelme 12 2 The need for recreatron and open space created by residennal developments should be met and be in conformance wtth ordinances, plans, and polictes pnor to residential development approval Decision Gurdeline 1 31 Proposed Urban developments should be designed to benefit from, accommodate and complement the environmental condttions and environmental features Decision Guideline 13 Z The destgn or adoption of a proposal shall consider the retention and maintenance of idenhfied "unique environmental features " Decision Gutdelrne 13 3 All Urban development proposals should requtre public saratary and storm sewer systems or intenm sewer systems to protect water qualaty Decision Guideline 13 4 Activihes should be guided by policres outlined within the State Shorelines Management Act and the Spokane County Shorelrne Program Decision C'ruideline 1.41 Development shall not occur on lands rdenhfied as betng tn a 100 year f lood plain or crs havrng a history of f looding, unless the developer constructs rriechanrsms a) accepted by the~'inancing instrtution and by the Counry Engineers as capable of protechng life and property from flood damage, and b) whrch do not increase or change water flows whtch may damage other property Dectsron Guideline 14 3 Urban development proposals and their deszgn shall consider the retentton and maintenance of afj`'ected fragile wildl fe areas and/or unrque environmental areas identified by the County Ob,Jecttve 15 a New residentral or multiple family should be buffered from extsttng adjacent land uses where adverse effects may develop Decision Guideline 15 1 Bufferrng and/or landscaping will be used to mitigate the daf~`'erences between proposed developments and extsnng uses Deczsron Guideline 15 4 Sidewalk facilihes wrll be required along arterials connecttng resjdential areas wrth community facrhties and/or commercial areas Decision Guideline 15 S Paved streeis and street lights should be required in Urban density development Objective 15 e When a neighborhood experiences pressure for change zn character, such change shall be permctted upon appropriate revtew HE Findings, Conclusions and Decision VE-5-00 Page 5 Objecttve 1.5 8 When determrning whether a proposal will change the exishng land use character of an area, factors to consider may include • a) the structure height of the proposal in relation to structure herght of nearby structures, and b) whether new structures wzll have a posahve or negattve impact upon the neighborhood s archztechrral character Deciston GuTdeline 1 61 Before land use proposals are approved they should a) conform to plans, policies and regulations of County water, sewer, storm sewer, b) uttlity and spectal service districts, c) conform to County transportanon plans and polictes, and d) tdentify and take steps to resolve signaficant adverse impacts upon existing utilittes, (i e water, santtary and storm sewers, uhlity, avarlable and future energy resources), and traffic systems The Cnrical Areas secnon of the Comprehensive Plan contauis poucies for pnonty vv~ldhfe habitat, geologically hazazdous areas, wetlands and environmentally sensitive areas These pohcies are implemented pnmanly through the County Cnhcal Areas Ordinance, codified in chapter 11.20 of the County Code Secnons 22-24 of the Comprehensive Plan encourage the review authonty to consider the unpact of development on existuig water and sewer facihties, and generally require that the use of such facilities be in accordance wrth adopted policies and plans for uhlities, such as the Coordinated Water System Plan and the Comprehensive Wastewater Management Plan. The Coordinated Water System Plan indicates that the site is served by the apphcant, Irvin Water Distnct No 6 The site is currently zoned Urban Residential-22 (UR-22), a zone wluch specifically implements the Urban category of the Comprehensive Plan Zoning Code 14 622.100, sets forth the purpose and intent of the UR-22 zone, as follows. The pacrpose of the UR-22 zone is to set standards for the orderly development of residential property in a manner that provrdes a desirable livtng envtronment that cs compattble with surrounding land uses and assicres the protection of property values It is cntended that this zone be used to add to the variety of housing types and densittes, and as an implementation tool for the Cornprehensrve Plan Urban Category General characteristics of these areas include paved roads, publtc sewer and water, accessibility to schools and Itbrartes, and a full hne of picblic services cncltrdzng manned fire protection and publrc transit accessibtlity Offices are perniitted in the UR-22 zone rn order to provide some of the service needs generated by high-rntensity land uses The highest density residefitial zone, UR-22 is tntended primarily for multiple family dwellings and is usually located adjacent to major or secondary arterials It is used as a transrtron between low or medium density multiple family uses and intensive commercial or low intensity rndustnal uses and to provrde for higher density housing in locations close to employment, shopping and major HE Findinjs, Conclusions and Decision VE-5-00 Page 6 . transportation where movements of people can be handled effieiently and with least overall adverse impact A"public uhhty local distnbuhon system", which is defined by the Zoni.ng Code to include, wrthout lunitarion, any building, structure or device which transfers duectly to the public water provided by a pubhc utility, and all other necessary facilities, eqwpment and structures necessary for conducting a local distnbution of water by such uhlity, is a permitted use in the UR-22 zone See Zomng Code 14 300 100 (defuuhons), and Zomng Code Chapter 14 605 Such use must still comply with the development standards of the UR-22 zone Zomng Code 14 622.335 unposes a maxunum structure and bwlding height of 50 feet in the UR 22 zone If the water standpipe reservoir conshtutes a"pubuc uhlity local distnbution system", then a height vanance is needed by the apphcant Zomng Code 14 300.100 provides a separate definition for a"pubhc utahty transmission facihty". The defuunon vvith regard to water facihties is sunilar to that for a"pubhc utlhty local distnbution facilrty", except that the utility service is transferred indtrectly to the pubhc, instead of directly. Such definition specifically includes substahons, swrtclung stahons and "reservoirs" A"pubuc unhty transmission facihty" is a pernutted use in the UR-22 zone, subject to certain special development standards, uicluding a showing that the use is comparible wnth surrounduig propemes See Zomng Code 14.622 210 (B)(1). The maximum permissible height for such facilrty in the UR-22 zone is 125 feet, meatung that the apphcant would not need a vanance for the project The other general development standards of the UR-22 feet, other than maximum height, as well as the special development standards for such use, would still have to be complied with. It is not at all clear to the Examiner wluch defuution set forth above best fits the project. Water from the reservou would appear to duectly serve the pubhc, however, the defininon of "public utility transrrvssion facility" specifically includes a"reservoir" Since the apphcant has not contested the apphcability of the maximum height lunitation of 50 feet in the UR-22, the Exanuner has analyzed the project as if it was a"pubhc uhhty distnbuhon facilrty". Smce the project proposes a height of 85 feet, a height vanance is required The Division of Planiung is strongly encouraged to consult with the Civil Division of the County Prosecutor's office for an interpretarion of the Zomng Code wrth regard to sumlar projects in the future, to ensure that a height vanance is not being needlessly required The proposed water pipe would be installed pursuant to the applicant's water system plan recently approved by the Washington State Department of Social and Health Services, wluch necessrtates that the water pipe be placed at an elevation such as the srte provides. The site represents the best of the alternative sites avallable to the apphcant See teshmony of Michael Morse The rocky nature of the site and its steep rock outcroppings precludes most development, including residential and commercial uses, allowed in the UR-22 zone. County Cntical Areas maps designate the site within a geologically hazardous area due to the presence of erodible soils The soil type on the site, SuE, is listed as presenting a severe threat of water erosion in Appendix H of the Cnncal Areas Ordulance The srte also contains some extremely steep slopes, well in excess of 30% A geo-hazazd evaluatton should have been submitted to the Division of Plaruung before the public heanng, but was erroneously found not to be necessary by County staff HE Fmdings, Conclusions and Decision VE-5-00 Page 7 After the public hearing, a geo-hazard evaluation was subnutted by a qualified engineer retauied by the applicant. The evaluation has been admitted into the record by the Examiner. See letter dated June 6, 2000 from MSCE, Inc. to James Richardson. The geo-hazard evaluation indicates that the erodible soils of concern exist primanly along the route of the reservoir transnussion maui and access route The evaluation is comprehensive and appears to adequately identify and evaluate the geo-hazards presented by development of both the site and the associated access and unlity easement, and recommend nutigating measures. The Examiner has added a cond.inon of approval requinng that such mitigatuig measures, and any addihonal geo- hazard mitigahon plan required before site development, be followed County Cntical Areas maps designating pnonty vvildhfe habitat designate the site and surrounding area wnthin Urban Natural Open Space The Staff Report fails to note tZus, and the Exammer discovered such designation after the public heanng upon reviewing the applicable map The Exammer cannot sunply overlook this requirement The County Cnhcal Areas Ordmance in such uistances reqiures the County Division of Planning to contact the Washuigton State Department of Fish and Wildlife (WDFV), to help deternune if a habitat management plan is needed Considenng the relatively low unpact of the project, the location of the site outside the fenced conservancy area owned by the Washington State Depardment of Natural Resources to the east, and the Examiner's expenence with WDFW's typical recommendations for minor developments proposed in Urban Natural Open Space, the chances are extremely lugh that the Washington Department of Fish and Wildhfe (WDFV) would not request preparation of a habitat management plan for the proposal The Exammer has therefore added a condition of approval requinug Division of Planiung staff to contact the WDFW and make a detemunation as to whether a habitat management plan is requued if so, the applicant is required to comply with the recommendahons of such agency The Staff Report otherwise provides a logical and sufficient analysis of the consistency of the project with the vanance cntena contained in the County Zomng Code, which analysis the Exammer hereby uicorporates hereui and adopts by reference as findings of fact and conclusions of law. This also sansfies the sunilar vanance cntena contained m RCW 36.70 810 As conditioned, the apphcation will be reasonably compatible with neighboruig land uses, complies with apphcable development regulations and generally conforms with the Comprehensive Plan and the purpose and intent of the UR-22 zone IV. DECISION Based on the Findings of Fact and Conclusions of Law stated above, the application for a vanance from the requirement of the UR-22 zone that structures be hnuted to a maxunum height of 50 feet, to allow development of a public utility standpipe reservou for water storage at a maxunum height of 85 feet, is hereby approved, subject to the conditions listed below Any conditions of such agencies which have been added or sigruficantly revised by the Heanng Exammer are itahcized HE Findings, Conclusions and Decision VE-5-00 Page 8 , . Failure to comply wrth the condirions of this approval may result in suspension or revocation of the vanance by the Heanng Examuier. SPOKANE COUNTY DIVISION OF PLANNING 1. All condrtions unposed by the Hearing Exanuner shall be bindmg on the "Appucant", wluch term shall include the owner(s) and developer(s) of the property, and theu heirs, assigas and successors 2. The proposal shall comply wnth the Urban Residenhal-22 (LTR-22) zone, the Aquifer Sensitave Area Overlay zone, and other appltcable provisrons of the Spokane County Zorang Code, as amended 3. The apphcant shall develop the subject property in substanhal accordance with the site plan of record submitted to the Division of Planntng on March 20, 2000, provided, that the standpipe reservoir may be moved approximately 20 feet east on the site as proposed at the publzc heanng Minor vanations, to be approved by the Duector of the Division of Planiung/designee, shall only be allowed to meet development regulations and condihons of approval Any other modificahon must be subrrutted by wntten apphcation to the Division and approved by the Heanng Examiner after a public hearuig. 4. This proposal is withn the Aquifer Sensirive Area, therefore any unpervious surfaces (access roads, out buildings, etc. ) created will need to comply wrth the Gtudeluies for Stormwater Management Erosion and sediment control will also need to be addressed if any County permits relating to site disturbmg activities are reqwred, (i e a construction and/or graduig permrt) 5 Due to its elevated location and the proposed 85 foot height, the landscape screening required under Section 14 806 of the Zorung Code and as shown on the site plan of record would have very httle practical effect Further, landscape plantings on the rock outcrop and associated steep slopes may be unpractical The reservou site contauis a number of large pine trees wluch have managed to estabhsh themselves on the rock outcrop and should be retained wherever feasible Pnor to construction, the applicant shall subirut to the Division of Planning a tree retention plan wluch approximately locates the trees to be removed or retained A review of that plan will determine whether or not supplemental plantings anll be necessary to satisfy the landscaping requirement under Section 14 806 of the Zorung Code 6 County Crittcal Areas maps designate the site within Urban Natural Open Space, a praortty wildltfe habitat Divrston of Planning staff shall promptly contact the Washington State Department of Fcsh and Wildlife to determine whether a habitat management plan needs to be prepared if so, the appltcant shall have such plan prepared by a qualified biologrst and submatted to the Divi.ston for review and approval The applicant shall comply with the recommendations in the habitat management plan, if approved 7 County Crrtical Areas maps desrgnate the site as having erodtble soils and steep slopes For any szte development, the applicant shall comply with the recommendations of the geo- hazard evaluation prepared for the proJect by MSCE, Inc, dated June 6, 2000, as accepted by HE Findings, Conclusions and Decision VE-5-00 Page 9 / the Dtvtston of Planning, and any subsequent geo-hazard mingatron plan required to be prepared by the Dtvtston. % 8 The apphcant shall comply wrth the County Crnccal Areas Ordinance, as amended DATED this 21 st day of June, 2000 SPOK;ANE OUNTY HEARING E R ~ 1Vhchael C. Dempsey, V~BA #82 NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL Pursuant to Spokane County Resolution No 96-0171, the decision of the Heanng Examiner on an apphcation for a vanance is final and conclusive unless wrthin twenty-one (21) calendar days from the issuance of the Exanuner's decision, a party with standing files a land use peuhon m supenor court pursuant to chapter 36.70C RCW. Pursuant to chapter 36 70C RCW, the date of issuance of the Hearing Examiner's decision is three (3) days after it is mailed. Tlus Decision was mauled by Cemfied Mail to the Applicant on June 21, 2000. The date of issuance of the Hearing Examiner's decision is therefore June 26, 2000, counting to the next business day when the last day for mailing falls on a weekend or holiday THE LAST DAY FOR APPEAL OF THIS DECISION TO SUPERIOR COURT BY LAND USE PETITION IS JULY 17. 2000. The complete record in this matter, including tlus decision, is on file dunug the appeal penod wrth the Office of the Heanng Examiner, T'hird Floor, Public Works Building, 1026 West Broadway Avenue, Spokane, Washington, 99260-0245 The file may be inspected Monday - Fnday of each week, except holidays, between the hours of 8 00 a m. and 4 00 p m. Copies of the documents in the record will be made available at the cost set by Spokane County HE Findings, Conclusions and Decision VE-5-00 Page 10