Buchsieb/Danard, Inc. v. Skagit County, 8907-2-I
| Decision Date | 05 April 1982 |
| Docket Number | No. 8907-2-I,8907-2-I |
| Citation | 31 Wn.App. 489,643 P.2d 460 |
| Parties | BUCHSIEB/DANARD, INC., a Washington corporation; and Cana Development Co., a Washington corporation, Appellants, v. SKAGIT COUNTY, a municipal corporation of the State of Washington, Respondents. |
| Court | Washington Court of Appeals |
G. E. Mullen, Mount Vernon, Philip Carter, Kirkland, for appellants.
Thomas Moser, Skagit County Pros. Atty., John Moffat, Deputy Pros. Atty., Mount Vernon, for respondents.
Buchsieb/Danard, Inc., a Washington corporation, appeals the order of the Skagit County Superior Court dismissing its Petition for Writ of Review or in the alternative, Mandamus. By its order the court affirmed the action of the Skagit County Board of Commissioners (Board) in denying Buchsieb/Danard's application for preliminary plat approval. We find no error in either the Board's denial of the preliminary plat or the superior court's dismissal of the petition.
In 1978 Buchsieb/Danard purchased approximately 188 acres of unused land located just east of Bayview Airport on Bayview Ridge in Skagit County. The land was zoned residential and had been designated residential in the Northwest District Comprehensive Plan, adopted by the Board on January 7, 1974. On February 7, 1979, Buchsieb/Danard submitted a rezone application to the Skagit County Planning Department (Department) and on May 21, 1979, Buchsieb/Danard submitted a long plat subdivision application requesting approval of the preliminary plat for Bayview Estates. The rezone called for a portion of the land to be reclassified to: 27 acres heavy industrial; 46 acres commercial/light industrial; 18 acres multi-family residential. The remainder, approximately 98 acres, would be subdivided into 326 lots for single family and duplex residential use, to be developed over a 10-year period. Both proposals were found to have environmental significance and a draft Environmental Impact Statement (EIS) was prepared on February 9, 1979. A final EIS issued June 1, 1979. Neither EIS is part of the record on appeal.
At public hearings before the Skagit County Planning Commission (Commission) held June 18, 1979 and July 2, 1979, the Department staff recommended, with certain modifications, approval of the rezone request and the preliminary plat to the extent of Phase I of the proposed residential development, consisting of 118 lots on 37 acres. The recommendations were made subject to numerous conditions relating to road construction, sewer service commitments, water supply, and drainage. The Department recommended that approval of subsequent phases of the subdivision as shown on the preliminary plat be deferred until a later date. On July 16, 1979, the Commission voted to send the rezone request to the Board with no recommendation, and to recommend approval of Phase I of the preliminary plat subject to the Department conditions.
The rezone application and the preliminary plat were considered by the Board at a public hearing on August 21, 1979. On August 28, 1979, the Board unanimously denied both the preliminary plat and the rezone. Resolutions No. 8140 and 8141 were adopted by the Board on September 25, 1979, setting out the reasons for the denial.
On September 7, 1979, Buchsieb/Danard filed a Petition for Writ of Review or in the alternative, Mandamus in the Skagit County Superior Court, asserting that the Board's denial of the preliminary plat application was contrary to law and arbitrary and capricious. The writ issued on September 19, 1979, and the record was certified to the superior court. Arguments of counsel were heard on March 26, 1980 and the court issued its memorandum decision dismissing the petition on April 2, 1980. Findings of fact, conclusions of law, and an order of dismissal were filed on May 19, 1980. Buchsieb/Danard appeals.
Buchsieb/Danard contends that under the Skagit County Code, the Board has no power to reject a preliminary plat once the Commission has recommended approval. We hold that the Skagit County Code (SCC) does not divest the Board of the final authority to approve or disapprove preliminary plats. While it is true that Skagit County Code 14.16.060 1 refers to "approval" of preliminary plats by the Commission, SCC 14.16.030 provides Administration. Proposed plats, subdivisions and dedications of land outside of incorporated cities and towns shall be submitted for approval to the Skagit County Planning Commission, subject to the limitations hereinafter provided. Authority for the final approval or disapproval of plats, subdivisions, or dedications is vested in the Board of County Commissioners; ...
Under this provision the Board has authority to reject the Commission's approval of a preliminary plat.
State law is to the same effect. The Planning Enabling Act, RCW 36.70, authorizes the creation of a planning commission by the Board of Commissioners. RCW 36.70.030. The act provides that reports and recommendations of the planning commission relating to plats, subdivisions and other "official controls" are advisory only, the final decision as to such controls resting with the county board. RCW 36.70.020(11); RCW 36.70.650; Lillions v. Gibbs, 47 Wash.2d 629, 289 P.2d 203 (1955); D. E. B. T., Ltd. v. Board of Clallam County Commissioners, 24 Wash.App. 136, 600 P.2d 628 (1979). 2 The State subdivision statute, RCW 58.17, is to the same effect. RCW 58.17.100 3 clearly establishes that the legislative body has the ultimate power to either adopt or reject the planning commission decision on a preliminary plat.
Buchsieb/Danard next complains that the decision of the Board to conduct a single hearing, at which both the rezone and the preliminary plat proposals were presented, was arbitrary and capricious and an abuse of discretion. The record, however, shows no objection to the scheduling of both hearings on the same date. As to the order in which testimony was taken at the hearing, we note that it was Louis Buchsieb of Buchsieb/Danard who suggested to the Board that the two proposals be heard together. He stated: Counsel for the opposition then urged the Board to permit Buchsieb to finish his total presentation so that all of the opposition could be presented at one time. The Board agreed, in the interest of avoiding repetition and confusion. The only objection made to this decision was the statement of counsel for Buchsieb/Danard that his client would "feel more comfortable" if the rezone were considered before the preliminary plat. The Board ruled that the two proposals would be considered separately when the time came for a decision.
Many of the issues discussed at the hearings applied to both the rezone and the subdivision. The adequacy of the local roads, water supply, sewer service, and drainage were concerns common to both the staff findings and the public comments and applied equally to the rezone and the subdivision. The Port of Skagit's tentative approval of the residential subdivision depended on the existence of an industrial buffer area between the airport and the residential areas. Under these circumstances, the Board's decision as to the order in which testimony would be presented was neither an abuse of discretion nor arbitrary and capricious.
Buchsieb/Danard next challenges the reasons given by the Board for the denial of the preliminary plat, arguing that they involve considerations outside the scope of the local subdivision ordinance. The grounds given by the Board for its decision were as follows:
(1) adverse impact on local traffic patterns;
(2) incompatibility with current land use in nearby areas;
(3) no specific commitment for handling drainage;
(4) proximity to Bayview Airport, creating potential environmental...
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