Everett, Wash.
Published: Tuesday, August 19, 2008

Church group may appeal denial of apartment project near Warm Beach

A county hearing examiner denies a proposal to build 100 senior apartments near Warm Beach.

By Bill Sheets
Herald Writer

 WARM BEACH -- The director of a Christian housing organization says it likely will appeal Snohomish County's denial of its plans to build 100 upscale senior apartments near Warm Beach.

If the organization appeals, so will the county, a spokesman said.

The plan, several years in the making and staunchly opposed by neighbors, was shot down Aug. 7 by county hearing examiner Barbara Dykes.

The project was out of scale with the rural appearance of the area and failed to follow county rules on density, and its environmental impact statement failed to address drainage and pollution concerns, Dykes wrote in her 33-page decision.

Leon Sams, who lives near the proposed housing complex, said the decision bore out the neighbors' concerns.

"They planned to cut all the interior trees," he said. "The whole project is just full of problems."

The Warm Beach Senior Community, a nonprofit enterprise of the Pacific Northwest Free Methodist Church, already operates 175 housing units for independent seniors, 81 nursing home units and 33 units for assisted living, executive director Larry Foss said. The nearby Warm Beach Christian Camps and Conference Center also is part of the Free Methodist Church and operates under a separate board.

The senior community has been planning some type of expansion for 12 years. The 100 units, called SoundView, would consist of townhouses and apartments.

Foss said Monday the decision to appeal wasn't final, that the board would discuss it in a conference call today. Still, he said, an appeal was "a good possibility."

Earlier, Foss issued a written response to the decision.

"We understand that there is always more than one way to evaluate and interpret information," he wrote.

"It has always been our intent to expand Warm Beach Senior Community in a way that is environmentally responsible. The planning for the SoundView project has involved reputable and well respected engineers, scientists, architects and planners. As we moved ahead with the project Snohomish County staff has been involved and consulted at all steps along the way."

This was part of the problem, according to neighbor Sams. He said county planners misled the project's backers to believe the plans were adequate.

"We are just pained that this nonprofit organization has been drug through this," Sams said.

The decision should have an impact on how the county interprets rules governing similar projects, he said.

County spokesman Christopher Schwarzen said the county staff follows the law.

"They can only do what the law says," he said. "I think the planning department would tell you they can't make up the laws. That's what the council does."

If the Warm Beach Senior Community files an appeal, the land-use portion would have to go to the County Council and the environmental portion to the state Shoreline Hearings Board, Schwarzen said. In filing its own appeal to go along, the county planning department would appeal to its own council.

Schwarzen said it's unclear if the county is able to appeal the environmental impact statement. If not, it would file a "friend of the court" brief in support of the Warm Beach organization, he said.



Reporter Bill Sheets: 425-339-3439 or sheets@heraldnet.com.
© 2009The Daily Herald Co., Everett, WA