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HomeMy WebLinkAboutD_HEX_Mt._Olivet_Power_Generation_Facilities_061012October 12, 2006 OFFICE OF THE HEARING EXAMINER CITY OF RENTON Minutes APPLICANT/OWNER/ CONTACT: LOCATION: SUMMARY OF REQUEST: SUMMARY OF ACTION: DEVELOPMENT SERVICES REPORT: PUBLIC HEARING: Tom Malphrus City of Renton 1055 S Grady Way Renton, WA 98057 Mt. Olivet Power Generation Facilities File No.: LUA 06-0483, SA-A, V-H, SME, ECF 250 Bronson Way NE Applicant requested Site Plan approval and Variance approval for the construction of a 1,216 square foot power generator building on a Residential Multi-Family zoned property. Development Services Recommendation: Approve with conditions The Development Services Report was received by the Examiner on September 19, 2006. 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 September 25, 2006 hearing. The legal record is recorded on CD. The hearing opened on Tuesday, September 26, 2006, at 10:24 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 file containing the original Exhibit No. 2: Neighborhood Map application, proof of posting, proof of publication and other documentation pertinent to this reauest. Exhibit No. 3: Site Plan Exhibit No. 4: Preliminary Landscape Plan Exhibit No. 5: Building Elevations Exhibit No. 6: Floor Plan Exhibit No. 7: Zoning Map Mt. Olivet Power Generation , -cilities File No.: LUA-06-083, SA-A, Y-H, SME, ECF October 12, 2006 Page 2 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 property is located to the east of 1-405, north of NE 3'' Street, Group Health Hospital is located to the north of the project site and multi-family development is located to the east and single family development located to the south across N 3"' Street. The property is zoned Residential Multi-Family (RMF) and designated as RMF on the City's Comprehensive Plan. The total site area is approximately 165,092 square feet (3.8 acres). The proposal is to construct a 1,216 square foot building on the site to house one stationary and one mobile diesel power generator. The site presently holds a 3 million gallon water reservoir and a booster pump station. There is a fair amount of topography on the site, the east side slopes upward with slopes between 25% and 40%, the west and south edges of the property site slope downward with slopes between the 25% and 40% range. The proposed layout would require a maximum five foot deep cut into the slope on the east side of the site, a retaining wall would be constructed to support the slope and a security fence would be built to enclose the reservoir, booster pump station and the proposed building. In the future another reservoir will be built on this site, to accommodate the current reservoir, the current booster pump station and the future water reservoir, that necessitated the location for this project. There are a lot of steep slopes on this site, which further constrained and limited the location of the building. Site Plan Criteria: The Environmental Review Committee issued a Determination of Non-Significance. No appeals were filed. The proposal does comply with the City's Comprehensive Plan regarding Utilities and Environmental Elements. The RM-F zone does permit small utilities as a permitted use. The subject site does comply with the lot dimension requirements, building coverage and setbacks. The proposed landscape plan and the proposed landscaping appears to comply with the City's landscaping requirements. The height of the proposed structures would be I story and 24 feet, which is less than the maximum height permitted. There would be no rooftop equipment or refuse and recyclable deposit areas to screen. The existing surface parking lot is more than adequate to accommodate the anticipated 2 vehicle trips per week that the project would generate. The existing driveway off of Bronson Way NE would be used. Noise would be the primary impact to the surrounding properties. Generators would be exercised once a month for approximately 30 minutes. The building would limit the operating volume to 75 dB or lower at the site property line. The single-family development is well away from the site and it is doubtful that they would incur any noise impacts from this project. Potential erosion impacts that could occur during project construction would be adequately mitigated by City Code requirements for approval of a Temporary Erosion and Sedimentation Control Plan and a Construction Mitigation Plan prior to issuance of Construction Permits. Police and Fire have indicated that they have sufficient resources to serve the project site. Water and utilities are available. Variance Criteria: The applicant has indicated that this is the only location available for this building due to the proposal for the future construction of the reservoir. The generators would provide power to the City's water supply system Mt. Olivet Power Generation Faci1ities File No.: LUA-06-083, SA-A, V-H, SME, ECF October 12, 2006 Page 3 during power outages. There is a public need for water during power outages both potable and fire fighting needs. Due to the future construction of a reservoir on the site, this is the only location available for this project. A retaining wall has been proposed to stabilize the slope, the wall was designed by a structural engineer and complies with the information in the Engineering Geology Report. Tom Malphrus, 1055 S Grady Way, Renton, WA 98057 stated that he does support the Staffs recommendations. The site has been owned by the City of Renton since the mid-l 950's and the Mt. Olivet reservoir was built in 1956 sometime afterward in the l 970's the booster pump station was built. Anticipating this project, conduits were placed in the ground all the way down to the wells located by the skateboard park in Liberty Park. The site could be located in other places, like the middle of Liberty Park if the council would allow it, or condemn property in another location. However, conduits would still have to be run from that location to the wells I, 2, and 3 and to the Mt. Olivet pump station. This project will allow them to pump water from wells I, 2, and 3 up to the 435 zone and from there to the 565 zone which is the elevated water tank that is located in the Highlands. This provides the missing link to allow emergency power to the top of the hill. It is a critical project. The mobile unit is a generator, and it needs to be moved in and out of the building. Abdou! Gafour, Utility Engineering Supervisor, City of Renton stated that there are 2 generators at the facility, one provides power to the pump station which is located next to the reservoir, the second generator will be to power the downtown wells. Locating this project on any other site would be a much larger project than what is currently proposed. Currently the Department of Health has allowed storage to be in other zones with automatic power transfer when the power goes out, this facility will allow storage of water in a different zone and be able to credit that water storage for other section of cities that need more reservoirs. 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 10:50 am. 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, filed a request for a Site Plan together with a variance from Critical Areas regulations. 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 -Mitigated (DNS-M). 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at 250 Bronson Way NE. The subject site is located northeast of the intersection of NE 3rd Street and Bronson NE. The City of Renton operates a 3 million gallon water reservoir on the subject site. Mt. Olivet Power Generation ,acilities File No.: LUA-06-083, SA-A, V-H, SME, ECF October 12, 2006 Page4 6. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of multiple family uses, but does not mandate such development without consideration of other policies of the Plan. 7. The subject site is currently zoned RM-F (P), which allows multifamily uses. The "P" is a suffix attached to public property that requires specific actions when the property is sold or modified. 8. The subject site was annexed to the City with the adoption of Ordinance 1212 enacted in April 1945. 9. The subject site is approximately 3.8 acres. The project site is a more limited approximately 11,000 square foot portion of the entire site. The subject site is an irregularly shaped parcel. 10. The parcel slopes down toward the west-northwest in the 25 to 40 percent range with terraced areas supporting the current reservoir and booster pump station. It appears that the parcel had been graded in the past to create some of the more level terraces that support the existing reservoir. The steeper slopes are protected slopes that generally prohibit development or disturbance. 11. The applicant proposes erecting a 1,216 square foot generator building. It will house a fixed generator and a mobile diesel generator. The mobile would be able to leave the subject site and be used in emergency situations at remote locations. The applicant also has plans to either replace the existing reservoir or add a second one but in any event the newer reservoir would have to be located in another area, constraining the possible locations of this additional equipment. 12. The building would be one-story or approximately 24 feet high. It requires a level building pad and that requires a 5-foot deep cut into the protected area of the slope. 13. The City explained that it needs backup power to operate not only the on-site reservoir pump station but also Domestic Water Wells 1, 2 and 3. In anticipation of this work, the City has already installed the necessary underground conduits for the power lines. Locating the facility in other locations would not eliminate the need for the conduit work and connections to the facilities on proposed site. 14. The new addition will not need additional parking for the periodic maintenance. There will be no refuse, recycling or rooftop equipment for this limited use. 15. Maintenance will require exercising the equipment approximately once per month for approximately 30 minutes. Noise would generally be contained within the structure but it is estimated that it would have an operating volume of approximately 75dB or lower at the site's boundary. 16. The City has developed a geotechnical report and erosion and construction methods for working on this site. 17. The reservoir provides water for both fire-fighting exercises and for domestic drinking requirements. The water is necessary both in normal situations and emergency situations, which is why the applicant has proposed the emergency power-generating complex. Mt. Olivet Power Generation Fac111ties File No.: LUA-06-083, SA-A, V-H, SME, ECF October 12, 2006 Page 5 CONCLUSIONS: Critical Areas Variance I. A variance may be used to locate certain necessary infrastructure in critical areas. "Special Review Criteria" must be evaluated before granting a variance to locate such infrastructure in critical areas containing protected slopes, wetlands, geologic hazard areas, etc. Applications by public/quasi-public utilities or agencies proposing to alter aquifer protection, geologic hazard, habitat, stream and lake or wetland regulations shall be reviewed for compliance with all of the following criteria: a. Public policies have been evaluated and it has been determined by the Department Administrator that the public's health, safety, and welfare is best served; b. Each facility must conform to the Comprehensive Land Use Plan and with any adopted public programs and policies; c. Each facility must serve established, identified public needs; d. No practical alternative exists to meet the needs; e. The proposed action takes affirmative and appropriate measures to minimize and compensate for unavoidable impacts; f. The proposed activity results in no net loss of regulated wetland area, value, or function in the drainage basin where the wetland is located; g. The proposed activities will not jeopardize the continued existence of endangered, threatened or sensitive species as listed by the Federal government or the State; h. That the proposed activities will not cause significant degradation of groundwater or surface water quality; and 1. The approval as determined by the Hearing Examiner is a minimum variance that will accomplish the desired purpose. (Ord. 4835, 3-27-2000; Amd. Ord. 4851, 8-7-2000) The applicant's property is ripe for the variance requested but only because the City has already altered the slope to support the current and future reservoir and has already installed the necessary conduits to carry the power to the offsite locations. 2. The site has already been altered to accommodate the current reservoir, a future replacement or additional reservoir and the conduits for emergency power lines. The maintenance of water flow from the reservoirs during emergencies is a matter of public health, safety and welfare. Providing the necessary infrastructure, the generator building, to continue water flow during power failures will provide a necessary backup for the existing system. 3. The development of the subject site is permitted undcrboth the Zoning Code and the Comprehensive Plan. Major and minor utility infrastructure is supported by both those regulatory schemes. 4. Again, providing water for drinking purposes and fire fighting purposes are identified public needs. Reservoirs are generally located at higher elevation to allow water to flow down to its needed destinations and the reservoir is already located on this sloping site. 5. Since the City already installed conduits on the slope and the reservoir is already on this slope, additional terracing or slope alterations, as little as the approximately five feet proposed seems reasonable at this juncture. 6. The City has evaluated the slope, erosion issues and developed plans for working on the slope. The City will be responsible for all aspects of its development and maintenance. Mt. Olivet Power Generation, acilities File No.: LUA-06-083, SA-A, V-H, SME, ECF October 12, 2006 Page 6 7. The applicant will not be altering wetlands or creeks and there will be no loss of such functions. 8. No wildlife appears to be in jeopardy as a result of this proposal. 9. The proposal shall comply with appropriate building standards and grading and slope standards and County and State water quality and erosion standards. I 0. The choice of locations and methods of construction shall be in accord with best practices. Site Plan 11. The site plan ordinance provides a number of specific criteria for reviewing a site plan. Those criteria are generally represented in part by the following enumeration: a. Conformance with the Comprehensive Plan; b. Conformance with the Building and Zoning Codes; c. Mitigation of impacts on surrounding properties and uses; d. Mitigation of the impacts of the proposal on the subject site itself; e. Conservation of property values; f. Provision for safe and efficient vehicle and pedestrian circulation; g. Provision of adequate light and air; h. Adequacy of public services to accommodate the proposed use; The proposed use satisfies these and other particulars of the ordinance. 12. As noted above, the proposal is compatible with both the Zoning and Comprehensive Plan. Utilities are permitted in the zone and support both residential and commercial developments also permitted by those regulations. 13. The modest, 1,200 square foot, one-story building will not visually intrude nor affect any other nearby properties. The generator use might create additional noise in the area when it is tested monthly but staff indicated that much of the noise would be contained on site. There is also the background noise from nearby 1405 and the limitations to only 30 minutes of testing, once a month. Clearly, in emergency situations, the sound might be over more extensive hours but hopefully, those would be rare conditions. 14. The applicant will take measures to control erosion by following geotechnical recommendation. The protected slopes will only be minimally affected by the proposed construction. 15. The development should not affect property values, only limited traffic after construction will affect the site and the one-story building should not affect light or air reaching the site or neighboring properties. Mt. Olivet Power Generation Facuities File No.: LUA-06-083, SA-A, V-H, SME, ECF October 12, 2006 Page 7 16. In conclusion, while it is best to avoid working in protected slopes, if possible, it appears that the project is well designed and should have a limited affect on the slope or its stability or erosion potential. DECISION: The Site Plan and Variance are approved. ORDERED THIS 12th day of October 2006. FREDJ.KAUF HEARlNGEX TRANSMIITED THIS 12th day of October 2006 to the parties of record: Jill Ding 1055 S Grady Way Tom Malphrus City of Renton Abdou! Gafour Utility Engineering Supervisor Renton, WA 98055 1055 S Grady Way City of Renton TRANSMITTED THIS 12th day of October 2006 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 Stan Engler, 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., October 26, 2006. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors oflaw 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 IV, 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 writin2 on or before 5:00 p.m., October 26, 2006. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will be required prior to approval by City Council or final processing of the file. You may contact this office for information on formatting covenants. Mt. Olivet Power Generation racilities File No.: LUA-06-083, SA-A, V-H, SME, ECF October 12 , 2006 Page 8 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 of the City Council. 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: 250 Bronson Way NE