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HomeMy WebLinkAboutSR_HEX_Hazen_565_Zone_Reservoir_CUP_070514· . May14,2007 OFFICE OF THE HEARING EXAMINER CITY OF RENTON REPORT AND RECOMMENDATION OWNER! APPLICANT/CONTACT: LOCATION: SUMMARY OF REQUEST: SUMMARY OF ACTION: DEVELOPMENT SERVICES REPORT: PUBLIC HEARING: Tom Malphrus City of Renton 1055 S Grady Way Renton, W A 98057 Hazen 565 Zone Reservoir Conditional Use Permit LUA 07·021, CU·H, V-H, ECF South ofNE Sunset Blvd and west of Hoquiam Avenue NE Conditional Use Permit approval and Height Variance for the construction of a 1.17 million gallon water reservoir on a 9.3- acre parcel located within the R-8 zoning designation. Development Services Recommendation: Approve. The Development Services Report was received by the Examiner on April 24, 2007. After reviewing the Development Services Report, examining available information on file with the application, field checking the property and surrounding area; the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the May 1, 2007 hearing. The legal record is recorded on CD. The hearing opened on Tuesday, May I, 2007, at 9:00 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit No.1: Yellow Project File containing the Exhibit No.2: Proposed Site Grading and application, reports, staff comments, and other Landscaping Plan material pertinent to the review oftlie project. Exhibit No.3: Proposed Site and Reservoir Cross Exhibit No.4: Zoning Map Sections The hearing opened with a presentation of the staff report by Jill Ding, Senior Planner, Development Services, City of Renton, 1055 S Grady Way, Renton, Washington 98055. The project site is located south ofNE Sunset Blvd and west of Hoquiam Avenue NE. The site is surrounded primarily by R-8 zoning properties. The site Hazen 565 Zone Reservoir Conditional Use Permit File No.: LUA-07-021, CU-H, V-A, ECF May 14,2007 Page 2 area is approximately 9.3 acres and the proposal is to construct a 1.17 million gallon reservoir along with a 68.25 square foot electrical building. The purpose of the reservoir is to provide additional potable water storage in the 565-pressure zone within the City of Renton. Currently the system has about 750,000 gallons of storage capacity, the proposed reservoir would add an additional 1.17 million gallons. The water would be available for fire fighting, commercial, industrial and domestic consumption. The proposed reservoir would increase the system reliability, it would increase the volume of storage, it would provide the ability to remove either reservoir from service for inspection or maintenance, it would improve water pressure in the area and it would provide additional storage to meet higher water demands in the future. The Environmental Review Committee issued a Determination of Non-Significance (DNS), there were no appeals filed. The proposal is consistent with the City's comprehensive plan and is consistent with the utilities element. The project is also in compliance with the R-8 development standards. The proposal does comply with the setback requirements. The proposed reservoir would reach a building height of 128-feet, which exceeds the 30-foot height limit. The applicant has requested a variance from the height requirement. Honey Creek runs along the north portion of the site. Hazen High School is located along the south property line and along the southwest there are some ball fields that are utilized by the high school. There are no other reservoirs in the immediate vicinity of the project site, it would not result in an over concentration of the use. The site was selected by water system hydraulics and was selected as the best of three site options. The location ofthe project on the southwest comer would reduce impacts on the surrounding single-family uses. Most of the trees on site will remain, in addition, the applicant has proposed planting some additional Douglas fir trees along the east, south and west property lines. No parking is proposed, it is anticipated that approximately one vehicular trip per day will be made and that person can park in the driveway. The hours of operation would be 7:00 am to 8:00 pm Monday through Friday and 9:00 am to 8:00 pm on Saturday with no work on Sunday or Holidays. There will be motion controlled security lighting and will only be operative during the evening hours. It is not anticipated to create any excessive light and glare. The site is outside of the airport influence area, so no beacons are required. Variance Criteria must show that the applicant suffers an undue hardship. The 565 pressure zone is the highest pressure zone in the Renton Highlands area, a reservoir serving the 565 pressure zone must store water at a minimum of 92 feet above the highest properties in the Highlands water service area in order to provide these properties with water pressure which meets the Water Utility's minimum design pressure goal of 40 psi. An additional 30 feet of height is needed to provide storage and an additional 6 feet of height is needed for venting. In addition, the reservoir was sited along the southern portion of the site, closest to Hazen High School so as to allow the existing mature trees to remain on the project site and screen the reservoir from the surrounding residential properties. The proposed water reservoir would provide the following benefits to the City: Increased system reliability, increased volume of storage in the 565 pressure zone, ability to remove either of the reservoirs from service for · . , , . Hazen 565 Zone Reservoir Conditional Use Permit File No.: LUA-07-021, CU-H, V-A, ECF May 14,2007 Page 3 inspection or maintenance, improved water pressure, and additional storage to meet higher water demands in the future. Tom Malphrus, 18713 102"" Avenue SE, Renton, 98055 stated that he represents the City of Renton Water Utility in support of the proposal. The pond is sized first as a detention pond, it is designed to handle detention according to the King County Water Surface Design Manual, and secondly it has been designed to hold an overflow event of 4,000 gallons per minute for 30 minutes. That is the time that it would take to respond to an overflow event on the reservoir. They did send a proposal to the FAA regarding lighting for aircraft, they responded that no lighting would be required. This property was purchased in 1987 specifically as a potential reservoir site, now a variance has to be requested for height because the zoning has been changed. They looked at another site, Heather Down, which now has become the new City Park. This site was ideal, it allows for the shortest reservoir of all the sites looked at. The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing closed at 9:33 a.m. FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: I. The applicant, City of Renton by Tom Malphrus, filed a request for a Conditional Use Permit and Variance to construct a water tank reservoir in an R-8 Zone. 2. The yellow file containing the staff report, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit #1. 3. The Environmental Review Committee (ERC), the City's responsible official issued a Determination of Non-Significance (DNS). 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located on the south side ofNE Sunset Boulevard south of the T-intersection of Sunset and Field Avenue NE. The subject site is located east of Duvall Avenue NE and west of Hoquiam Avenue NE. 6. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of single-family use, but does not mandate such development without consideration of other policies of the Plan. Public utility infrastructure supportive of the zoning is permitted by the comprehensive plan. 7. The subject site is currently zoned R-8 (Single Family -8 dwelling units/acre). 8. The subject site was annexed to the City with the adoption of Ordinance 4026 enacted in November 1986. Hazen 565 Zone Reservoir Conditional Use Permit File No.: LUA-07-021, CU-H, V-A, ECF May 14,2007 Page 4 9. The subject site is approximately 9.3 acres or 406,850 square feet. 10. The subject site slopes down toward Sunset Boulevard. II. Honey Creek crosses the site and the site contains steep slopes adjacent to the creek. All proposed construction would occur outside of any critical areas and buffer areas. The site contains a significant number of trees and most of the trees would be retained. New trees would also be planted to increase the visual buffering provided by the native vegetation. 12. The proposed reservoir, an above ground tank system, will provide water for domestic consumption as well as fire fighting needs. The proposed reservoir is intended to supplement existing reservoir capacity in the City's 565 Pressure Zone. Currently there is a capacity of 750,000 gallons. The proposed reservoir will add approximately 1.17 million gallons to the system. The new system will provide not only increased capacity but some measure of redundancy allowing one system or the other to be omine for servicing while the second system provides water. 13. The City purchased the subject site in 1987 as a reservoir site. It was selected due to its relatively high elevation above sea level allowing for topography changes to serve the water to surrounding areas. The City has decided it is appropriate to develop the site at this time. 14. The proposal would be developed on the south portion of the property avoiding Honey Creek and the steeper slopes found on the north portion of the site. Hazen High School is located west of the site and single-family homes generally surround the site in other areas. 15. The proposed reservoir would have a height of 128 feet and a diameter of 80 feet. A holding pond for emergency storage as well as storm water control would be provided around the tank. Access to the site will be from the south, again, to avoid any impacts on Honey Creek. No parking would be required for the periodic inspections or maintenance. Pumps are located offsite so ongoing noise after construction should not be an issue. Motion controlled security lighting will operate in the evening hours. 16. The reservoir will meet all R-8 setback requirements. 17. The R-8 Zone limits the height of structures to 30 feet or two stories. The applicant has therefore, requested the approval of a variance to allow the 128-foot tall structure at this location. 18. The FAA did not require any lighting to ward off aircraft for this facility. CONCLUSIONS: Conditional Use Permit I. The applicant for a Conditional Use Permit must demonstrate that the use is in the public interest, will not impair the health, safety or welfare of the general public and is in compliance with the criteria found in Section 4-9-030.G which provides in part that: a. The proposal generally conforms with the Comprehensive Plan; b. There is a general community need for the proposed use at the proposed location; · . , . Hazen 565 Zone Reservoir Conditional Use Pennit File No.: LUA-07-02l, CU-H, V-A, ECF May 14,2007 Page 5 c, There will be no undue impacts on adjacent property; d. The proposed use is compatible in scale with the adjacent residential uses, if any; e. Parking, unless otherwise pennittcd, will not occur in the required yards; f. Traffic and pedestrian circulation will be safe and adequate for the proposed project; g. Noise, light and glare will not cause an adverse affect on neighboring property; h. Landscaping shall be sufficient to buffer the use from rights-of-way and neighboring property where appropriate; and 1. Adequate public services are available to serve the proposal. The requested conditional use appears justified. 2, The comprehensive plan pennits larger utility facilities in most zones of the City as things like a water reservoir is needed to support any type of development including single family uses as well as commercial uses. Water is needed both for domestic consumption as drinking water but also to fight fires in cases of emergencies. The proposed new system will both add to the City's capacity in this area of the City but also serve as a redundant supply system so that either it or the older system can be serviced while still having the second system as a backup supply. 3. Reservoirs by their nature need to be located generally at high points so that hydraulic flow can be easily achieved without the need for additional pumping systems, This area of the City needs both the additional capacity the new reservoir will provide as well as the redundancy in cases of emergency, 4. The large 9 acre, wooded site provides a large perimeter of existing landscaping that will screen the subject site. The applicant also proposes to supplement the existing trees with additional larger trees. While the tank will be tall those trees should serve to visually screen the adjacent uses. 5. The structure is substantially taller than other nearby uses but, again, the natural tree cover on the site as well as the additional trees proposed should help mitigate any visual incongruity. 6. The proposed use will not require any parking and periodic maintenance will not necessitate much traffic to the site. Security lighting will not affect adjacent uses and the FAA did not require any additional lighting. 7. In conclusion, while the propose use is large it will be well screened and is a necessary public utility complex. Variance g, Variances may be granted when the property generally satisfies all the conditions described in part below: a. The applicant suffers undue hardship caused by special circumstances such as: the size, shape, topography, or location where code enforcement would deprive the owner of rights and privileges enjoyed by others similarly situated; Hazen 565 Zone Reservoir Conditional Use Permit File No.: LUA-07-021, CU-H, V-A, ECF May 14, 2007 Page 6 b. The granting of the variance would not materially harm either the public welfare or other property in the vicinity; c. The approval will not constitute a special privilege inconsistent with the limitations on other property in the vicinity; and d. The variance is the minimum variance necessary to allow reasonable development of the subject site. The applicant's property is not unique but its use is unique and necessary. Facilities such as the proposed reservoir always provide a problem in justifYing a variance. 9. This office has noted before that it struggles to justify variances for structures that are taller than allowed in certain Zoning Districts. This office has suggested in the past that the regulations be modified to allow necessary utility infrastructure to be allowed under less stringent criteria than provided by variance. Therefore, while the proposed use will be approved it will be subject to a condition that the applicant submits to the City Council language that changes the review criteria for structures taller than permitted by Code. to. Again, the proposed use is unique but there are no special circumstances related to the size, shape or topography that deprive the owner, the City, of the right to develop the subject site with normally permitted land uses. The applicant like any other owner ofR-8 property can develop single-family homes on the subject site. The structure though is a needed water reservoir to serve the growing population that needs drinking water as well as water for other domestic purposes and for fire fighting efforts. II. The approval of the variance will not materially harm either the public welfare or other property. The site is well screened. The applicant is avoiding any impacts to Honey Creek, the slope or buffer areas. The site will not generate any traffic and noise will be limited to construction periods. 12. It will not grant the applicant a special privilege. Clearly, the proposed use is unique and no other property owner will be able to provide a use that serves an overriding public interest. 13. The variance is the minimum needed to allow the City to provide the needed additional capacity and redundancy in its water storage complex serving this area of the City. DECISION: The Conditional Use Permit and Variance are approved subject to the following condition: 1. The applicant shall submit to the City Council language that changes the review criteria for structures taller than permitted by Code. · . .. Hazen 565 Zone Reservoir Conditional Use Permit File No.: LUA-07-021, CU-H, V-A, ECF May 14,2007 Page 7 ORDERED THIS 14'h day of May 2007. HEARING EXAMINER TRANSMITTED THIS 14th day of May 2007 to the parties of record: Jill Ding 1055 S Grady Way Renton, W A 98057 Tom Malphrus City of Renton 1055 S Grady Way Renton, W A 98057 TRANSMITTED THIS 14th day of May 2007 to the following: Mayor Kathy Keolker Jay Covington, Chief Administrative Officer Julia Medzegian, Council Liaison Gregg Zimmerman, PBPW Administrator Alex Pietsch, Economic Development Jennifer Henning, Development Services Stacy Tucker, Development Services King County Journal Larry Rude, Fire Larry Meckling, Building Official Planning Commission Transportation Division Utilities Division Neil Watts, Development Services Janet Conklin, Development Services Pursuant to Title IV, Chapter 8, Section lOOGof the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m., May 29, 2007. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title lV, Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of$75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. An appeal must be filed in writing on or before 5:00 p.m., May 29, 2007. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will be required prior to approval by City Couucil or final processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte (private one-on-one) communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision-maker concerning the proposal. Decision-makers in the land use process include both the Hearing Examiner and members ofthe City Council. Hazen 565 Zone Reservoir Conditional Use Permit File No.: LUA-07-021, CU-H, V-A, ECF May 14,2007 Page 8 All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. .. Project Location: South of NE Sunset Blvd and west of Hoquiam Avenue NE (parcel 032305-9061)