Cheney institutional zone moves to council

Cheney Planning Commission gave its blessing at its June 11 meeting to the creation of a new zone in the city.

The “Institutional Zone” would establish areas that provide greater development flexibility for public structures and uses such as education, safety, utility services and administration. Permitted uses in this zone also includes parks and open spaces, cultural institutions, child care and medical centers, transportation facilities, industrial offices, non-accessory parking and self-service storage.

Uses such as medical offices and group living establishments are allowed on a limited basis, with cemeteries, detention and post-detention and wireless communication facilities allowed through the conditional use process.

No minimum lot sizes, widths or depths would be required. The zone calls for specific development standards such as site-obscuring fencing or landscaping between institutional and residential lots of sufficient height to screen uses above 35 feet, as seen from the property perimeter.

Structures may not exceed 35 feet in height. Exemptions were made for structures such as fire training centers, stadium facilities, hose towers, schools and auditoriums as long as the structure does not exceed 10 percent of the total building area, does not exceed 60 feet and has a front, rear and side setback ratio of 1.5:1 feet.

“Something 60 feet in height will have to be set back (from the property line) 90 feet,” senior planner Brett Lucas said in response to a question for clarification from Commissioner Rick Mount.

The institutional zone is in response to a denial by the city’s Hearing Examiner of a height variance for the proposed 500-seat performing arts auditorium being built as part of the Cheney High School expansion project. The district had sought a variance from the height standards set forth in the single-family residential zone, where the high school is located, to allow for construction of a “fly-box” for the auditorium.

The fly-box has been proposed at 54 feet by the district’s architects, ALSC. The zoning only allows for structures up to 36 feet.

Hearing Examiner Brian McGinn denied the school district’s variance, and subsequent appeal, because the code allowed such a move only under “special circumstances relating to the size, shape, topography, location or surroundings of the subject property.”

McGinn added the district’s evidence didn’t preclude the auditorium being built at the site in conformance with the height restrictions, or that an inability to excavate “is proper justification for constructing a building that is taller than the zoning allows.”

Lucas noted comprehensive plan reviews in 2010 and 2017 had designated some lands for “institutional-oriented uses.” The comprehensive plan map reflected this, and the city was adding text to its zoning code and changes to the zoning map to bring those in line with the plan.

While the proposed ordinance creating the institutional zone passed unanimously, not all of the commissioners were comfortable with the process. Commissioner Daniel Hillman felt granting a new zone was helping the school district get around its variance issue.

“I have no trouble with the zone, just how it comes about,” he said. “This strikes me as cheating.”

Public Works Director Todd Ableman said the zone itself had been on the table since 2010. The city just hadn’t had the opportunity to get the appropriate text attached to it.

“This (high school variance) just brought it to the surface,” Ableman added.

Mount felt the new performing arts complex is going to be a benefit not only for the district but also the community, something groups have sought for 20-30 years. Mount said he disagreed with McGinn’s decision, noting groundwater at the site was one of the reasons the school’s soccer field was elevated above the rest of the athletic facilities.

“I see this as a win-win, although I do see your (Hillman’s) point that it’s kind of sidestepping,” Mount added.

The as yet unnumbered ordinance now heads to the City Council for final approval.

John McCallum can be reached at jmac@cheneyfreepress.com.