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HomeMy WebLinkAboutDDR2007-00045 Hearing - DDR Letters / Memos - 5/25/2007 1 BEFORE THE HEARING EXAMINER FOR MASON COUNTY 2 3 No. DDR2007-00045 4 RE: Adopt-A-Pet 5 DECLARATION OF MAILING Mason County Development Regulations _ 6 82-96 Section 1.05.040 Special Uses 7 8 9 10 I, Tammi Clark, declare and state as follows: 11 On May 25, 2007, 1 deposited in the U.S. Mail, postage properly prepaid, the 12 documents related to the above cited Hearing Examiner Decision and to which this 13 declaration is attached to: 14 15 Adopt-A-Pet 16 Attn: Don Nichols PO Box 1594 17 Shelton, WA 98584 18 1 declare under penalty of perjury of the laws of the State of Washington the 19 foregoing information is true and correct. 20 21 1251"` �M`E tZoLn Dated this-9th DAY of T, 2eN at Shelton, Washington. 22 23 � j ac'tL G�.I�Y'tn'Lc� 24 Tammi S. Clark 25 DECLARATION OF MAILING MASON COUNTY MASON COUNTY COMMUNITY DEVELOPMENT 411 N. 5T"AVE. P.O. BOX 279 SHELTON,WA 98584 360-427-9670 TEL. 360-427-8425 FAX �oN Co MASON COUNTY Shelton (360)427-9670 DEPARTMENT OF COMMUNITY DEVELOPMENT Belfair (360) 275-4467 Planning Mason County Bldg.1 411 N.5th EIITIa (360) 482-5269 P.O.Box 279 Shelton,WA 98584 4 May 24, 2007 Notice of Decision Case: DDR2007-00045 Applicant: Adopt-A-Pet (Don Nichols) Notice is hereby given that Adopt-A-Pet (Don Nichols), who is the applicant for the above-referenced Special Use Permit,has been granted the Special Use Permit. The request was approved pursuant to the Mason County Development Regulations Ordinance No. 82-96, specifically for the construction of dog kennels as an essential public facility in Rural Residential 5 zoning. The proposal was exempt from SEPA review per WAC 197-11-800 (1), (c), (iii). This is a final County decision. No further appeals to the County are available. Appeal may be made to Superior Court or the appropriate administrative agency as regulations apply. It is the appellant's responsibility to meet all legal requirements of any appeal process. If you have questions or require clarirication on these issues please contact Tammi Clark, Planner with Mason County at 360-427-9670 x295. 1 BEFORE THE HEARING EXAMINER FOR MASON COUNTY 2 Phil Olbrechts,Hearing Examiner 3 RE: Adopt-a-Pet 4 FINDINGS OF FACT, CONCLUSIONS 5 Special Use Permit OF LAW AND FINAL DECISION #DDR2007-00045 6 7 INTRODUCTION 8 The applicant has applied for a special use permit for the expansion/replacement of 9 existing dog kennels with a covered facility. The Examiner approves the application 10 as conditioned. 11 ORAL TESTIMONY 12 Tammi Clark introduced a staff report and exhibits into the record and answered 13 questions from the Hearing Examiner. 14 EXHIBITS 15 See "Exhibits" attached to the April 26, 2007 staff report. 16 17 FINDINGS OF FACT 18 Procedural: 19 1. Applicant. The applicant is Adopt-a-Pet. Don Nichols is the 20 representative for the applicant. 21 2. Hearing. The Hearing Examiner conducted a hearing on the application on May 8, 2007, at 1:00 p.m., in the Mason County Board of Commissioners Meeting 22 Chambers. 23 Substantive: 24 3. Site/Proposal Description. Adopt-a-Pet [AAP] proposes to replace 11 25 chain link dog kennels with one shelter building incorporating 16 kennels. The proposed structure is 3,200 square feet in size. Per Mason County Development Regulations 1.04.224(B) the maximum building size for non-agriculture buildings is 3,000 square feet. An agricultural building is defined as a structure on agricultural Adopt-a-Pet P. 1 Findings, Conclusions and Decision {PA0662027.DOC;1/13009.900000/} land designed, constructed and used to house farm implements, livestock or I agricultural procedural products grown or raised on the premises. This building does 2 not meet the definition of a agricultural building. Approval of the special use permit will be conditioned on resizing the building to meet the minimum building size 3 permit permitted in rural residential five zoning. The existing kennels will be torn down and removed. One 14' x 20' storage shed will also be constructed. AAP has 4 been providing care and shelter to stray and unwanted dogs for the past 18 years. Until recently, AAP has been operating as a cottage industry. In 2006, there was a 5 two-lot subdivision done on the parcel, creating a separate lot for the residence and a 6 separate lot for the AAP facilities. The operation of the AAP kennels no longer meets the requirements of a cottage industry. However, a determination was made that this 7 service can be classified as an Essential Public Facility and is a permitted use in rural residential 5 zoning with a special use permit. The parcel is irregular in shape and is 8 approximately 2.8 acres in size. It is currently used as a no-kill animal shelter. Existing structures on the site include a 40' x 40' feet shop, 11 chain link dog kennels 9 and a septic system that was installed and approved in July, 2006. The property is 10 located off Jensen Road, 940 E. Jensen Road, Shelton, Washington 98584. 11 4. Characteristics of the Area. The site is located in an area zones as Rural Residential 5. Numerous single-family residential units surround the subject parcel. 12 The parcel is buffered by Johns Creek along the east property line and then turns west toward the northern property line. The proposal maintains more than a 200-foot 13 buffer from Johns Creek. Shoreline designation is not applicable. 14 5. Adverse Impacts of Proposed Use. The project is categorically exempt 15 from SEPA pursuant to WAC 197-11-800. The staff concludes in its report that there does not appear to be impact on surrounding properties for services, parking, or 16 public utilities. The proposed kennel will be buffered from adjoining uses by setback separations from the property line. The kennels have been in operation for the past 18 17 years with no identified detrimental impacts. Although the dogs do bark, no 18 complaint from neighbors has been received. According to the staff report, the premises is cleaned daily and volunteers scoop up the feces and other deposits in 19 plastic bags and transfer them to the County dump. 20 CONCLUSIONS OF LAW 21 Procedural: 22 1. Authority of Hearing Examiner. MCC 15.03.050(J) provides the 23 Examiner with the authority to review and act upon special use permit applications. 24 Substantive: 25 2. Zoning Designation. The area is designated as Rural Residential 5 in the Mason County Zoning Code, and the Mason County Comprehensive Plan designation for the site is Rural. Adopt-a-Pet p. 2 Findings, Conclusions and Decision {PA0662027.DOC;1/13009.900000/} 1 3. Review Criteria and Application. This proposal requires a special use 2 permit due to the requirements of Mason County Development Regulations dated February 28, 2006 Section 1.04.222(C). Essential Public Facilities are permitted in 3 areas zoned as Rural Residential 5 with a special use permit. As noted above, the Examiner reviews and acts upon special use permit applications pursuant to MCC 4 15.03.050(J). The review criteria for a special use permit application are governed by 5 MCC 1.05.044,which are quoted and addressed below. 6 SPECIAL USE PERMIT 7 MCC 1.05.044(A): That the proposed use will not be detrimental to public health, safety and welfare. 8 4. According to the staff report, no potential detrimental effect has been 9 identified. The kennels have been in operation for the past 18 years with no identified 10 detrimental impacts, either hazardous or objectionable conditions. The kennels do provide a service that keeps stray, unwanted dogs from roaming neighborhoods in 11 Mason County. A six-foot board fencing closes the property on two sides along with having a natural vegetative buffer along Johns Creek. According to the applicant,this 12 is inherently a quiet activity except for about three hours at mid-day when caretakers are present when the dogs bark. There have been no complaints, however, submitted 13 to the County regarding excessive noise created by the dogs. 14 MCC 1.05.044(B): That the proposed use is consistent and compatible with the 15 intent of the comprehensive plan. 16 5. According to the staff report, there does not appear to be any conflict with the County Comprehensive Plan. Essential Public Facilities are those that are 17 typically difficult to cite. These facilities are permitted in rural areas with a special 18 use permit. The proposal will not require urban levels of government services. Per the Mason County Comprehensive Plan RU-500; the proposal will be screened from 19 public rights-of-way and adjacent properties. 20 MCC 1.05.044(C): That the proposed used will not"introduce hazardous conditions 21 at the site that cannot be mitigated through appropriate measures to protect adjacent properties in the community at large. 22 6. According to the staff report, no hazardous conditions are expected as a 23 result of the proposal. There are no unique chemicals used. Only laundry soap, dog soap and household bleach. The bedding is washed in the laundry. Except for 24 sleeping areas, Kennel floors are covered with cedar chips. The dogs make their 25 deposits in the chips and volunteers scoop up the feces/chip mixture each day and place it in plastic bags for transfer to the County dump. Adopt-a-Pet p. 3 Findings, Conclusions and Decision {PA0662027.DOC;1/13009.900000/1 MCC 1.05.044(D): That the proposed use is served by adequate public facilities 1 which are in place, or planned as a condition of approval or as an identified item in 2 the County's Capital Facilities Plan. 3 7. The proposal is served by multiple existing public facilities such as power, garbage,roads and fire protection. An on-site septic system was installed in 2006 and 4 approved by the environmental health department. The environmental health department has already approved a septic and water system for the proposed 5 upgrades. 6 MCC 1.05.044(E): That the proposed use will not have a significant impact upon 7 existing uses on adjacent lands. 8 8. According to the staff report, there does not appear to be significant impact upon existing, adjacent land uses. Adjacent land uses are residential. There 9 may be some noise impacts from the dogs barking when the caretakers are present, 10 but again as noted above, no complaints have been filed with the County since the operations began more than 18 years ago. Having a structure to house the dogs 11 should minimize the noise that currently exists. The outdoor chain link kennels, which provided no noise reduction, will be removed upon completion of the proposed 12 project. There is an existing security light on a 20-foot pole that has been on site for approximately six years. There are only two residences that can see it. No new 13 lighting is proposed. The structure will only increase impervious surface from 2% to 14 5%. The slight reduction in the drainage area poses no threat to adjacent properties. Traffic will not increase as this is just replacing current kennel facilities with an 15 updated facility that will house the dogs in one area. The new kennels will include heated space, making them more conducive to animal health in the winter. The 16 appearance of the new indoor structure will be more pleasing to visitors and 17 neighbors. 18 MCC 1.05.044(F): If located outside the urban growth area, that the proposed use will not result in the need to extend the urban services. 19 9. According to the staff report, the proposed expansion of the animal shelter 20 should not result in a need to extend urban services. There are currently existing road 21 access and sanitation facilities for the site. 22 MISCELLANEOUS CRITERIA FOR ALL HEARING EXAMINER REVIEW 23 MCC 15.09.055(C): Required Review: The Hearing Examiner shall review proposed development according to the following criteria: 24 25 1. The development does not conflict with the Comprehensive Plan and meets the requirements and intent of the Mason County Code, especially Title 6, 8, and 16. Adopt-a-Pet p. 4 Findings, Conclusions and Decision {PA0662027.DOC;1/13009.900000/} 2. Development does not impact the public health, safety and welfare and is 1 in the public interest. 2 3. Development does not lower the level of service of transportation and/or 3 neighborhood park facilities below the minimum standards established within the Comprehensive Plan. 4 10. This development does not conflict with the Comprehensive Plan in that 5 the parcel is zoned Rural Residential 5 and Essential Public Facilities are permitted in 6 all zonings with a special use permit. The proposal meets the intent of the Mason County Code Title 6. The existing sanitation facility supports the proposal. Title 8 7 and Title 16 do not apply. The proposal is outside of any stream, shoreline, wetland or landslide hazard area buffer/setbacks. This development does not impact the 8 public health, safety and welfare. The applicant has demonstrated that the proposal will have minimum impact. A safe facility to house stray and unwanted dogs is in the 9 public interest. The proposal will not lower the level of service of transportation 10 and/or neighborhood park facilities below the minimum standards established within the Comprehensive Plan. 11 DECISION 12 The Hearing Examiner approves the requested Special Use Permit as proposed and 13 conditioned in the Staff Report dated April 26, 2007. 14 Dated thisay of May, 2007. 15 16 17 18 Phil A. Olbrechts Mason County Hearing Examiner 19 20 21 22 23 24 25 Adopt-a-Pet p. 5 Findings, Conclusions and Decision {PA0662027.DOC;1/13009.900000/) tLFiyDENWI 11 MAY 3 2007 LACE P.L.L.C. .. _. ....,..".. ATTORNEYS AT LAW May 22, 2007 VIA FACSIMILE &U.S. MAIL Tammi Clark Planning Department Mason County P.O. Box 279 Shelton, WA 98584 Re: Findings of Fact, Conclusions of Law and Final Decision for Adopt-a-Pet, Special Use Permit#DDR2007-00045 Dear Ms. Clark: Per Mr. Olbrechts's request, enclosed is the executed original of the above-referenced document which I previously faxed to you. Sincerely, OGDEN MURPHY WALLACE, P.L.L.C. N. Kay Richards, Legal Assistant to Phil A. Olbrechts /nkr Enclosure Established 1902 A Member of the International Lawyers Network with independent member law firms worldwide 1601 Fifth Avenue, Suite 2100 • Seattle,WA 98101-1686 • 206.4477000 • Fax: 206.447.0215 • Web:www.omwlaw.com f PA0662131.DOC;1/13009.900000/} Mason County Department of Planning Building I * 411 N. Sth Street * P.O. Box 279 Shelton, Washington 98584 * (360) 427-9670 April 26, 2007 TO: Mason County Hearings Examiner - FROM: Planning Staff—Tammi Clark RE: Special Use Permit (DDR2007-00045) expansion/replacement of existing dog kennels with a covered facility. STAFF REPORT I. Introduction. This report evaluates a proposal for the replacement of eleven (11) individual chain link dog kennels with one shelter building (3,000 sq. ft. maximum allowed in RR-5 zoning for non-agriculture buildings) incorporating sixteen (16) kennels and one 14' X 20' storage shed. Staff recommends approval of the Special Use Permit as conditioned. II. Applicant. Adopt-A-Pet-- Don Nichols, President. III. Property Location. 940 E. Jensen Road, Shelton, WA 98584. NW1/4, NW1/4, SECTION 32, TOWNSHIP 21 NORTH, RANGE 3 WEST W.M. Parcel # 32132- 22-90002. IV. Project Description. Adopt-A-Pet (AAP) proposes to replace 11 chain link dog kennels with one shelter building incorporating 16 kennels. The proposed structure is 3,200 square feet in size. Per the Mason County Development Regulations 1.04.224 (B), the maximum building size for non-agricultural buildings is 3,000 square feet. According to The Latest Illustrated Book of Development Regulations by Harvey S. Moskowitz and Carl G. Lindbloom (Exhibit 10) an agricultural building is defined as "A structure on agricultural land designed, constructed, and used to house farm implements, livestock, or agricultural produce or products grown or raised on the premises." This building does not meet the definition of an agricultural building. Approval of the Special Use Permit will be conditioned on resizing the building to meet the minimum building size permitted in Rural Residential 5 zoning. The existing kennels will be torn down and removed. One 14' X 20' storage shed will also be constructed. AAP has been providing care and shelter to stray and unwanted dogs for the past 18 years. t-A-Pet DDR2007-00045 1 of 5 Ado \ x 1 Until recently, AAP has been operating as a cottage industry. In 2006 there was a 2-lot subdivision done on the parcel creating a separate lot for the residence and a separate lot for the AAP facilities. The operation of the AAP kennels no longer meets the requirements of a cottage industry. However, a determination was made that this service can be classified as an essential public facility and is a permitted use in Rural Residential 5 zoning with a Special Use Permit. V. Evaluations. A. Characteristics of the site. The parcel is irregular in shape and approximately 2.8 acres in size. It is currently used as a no-kill animal shelter(Adopt-A-Pet). Existing structures on site include a 40' X 40' shop, 11 chain link dog kennels, and a septic system that was installed and approved in July 2006. The property is located off Jensen Road. B. Characteristics of the area. The site is located in an area zoned as Rural Residential 5. Numerous single-family residential units surround the subject parcel. The parcel is buffered by John's Creek along the east property line and then turns west towards the northern property line. The proposal maintains more than a 200' buffer from John's Creek. C. Shoreline Designation. Not Applicable. D. Comprehensive Plan Designation /Zoning. The Mason County Comprehensive Plan designation for the site is Rural and the zoning is Rural Residential 5. VI. SEPA Compliance. Project is SEPA exempt per WAC 197-11-800 (1)(c)(iii). VII. Other Permits/Approvals. A Notice of Application and Public Hearing (Exhibit 6)was posted on site on March 27, 2007 and in the Mason County Journal to run on March 15, 2007. No public comment has been received to date. Vill. Analysis of Review Criteria. This proposal requires a Special Use Permit due to the requirements of the Mason County Development Regulations, dated February 28, 2006, section 1.04.222 C. Essential Public Facilities are a special use permit required use in areas zoned as Rural Residential 5. The following additional information is required for special use permits to aid in analyzing the request, preparing necessary conditions, and providing consistency with dimensional and performance standards in these and other relevant county regulations. A. Applicable Special Use Review Criteria (Mason County Development Regulations 1.05.044): A Special Use is one which possesses unique characteristics due to size, nature, intensity of use, technological processes involved, demands upon public services, relationship to surrounding lands, or Adopt-A-Pet DDR2007-00045 2 of 5 1 other factors. Any application for a Special Use permit shall not be approved unless an affirmative finding with regard to each of these criteria is made. See the applicant's answers to these criteria, marked Exhibit 3 and Exhibit 8. 1. Will the proposed use be detrimental to the public health, safety and welfare? Staff Response: No potential detrimental effects have been identified. The kennels have been in operation for the past 18 years with no identified detrimental impacts, either hazardous or objectionable conditions. The kennels do provide a service that keeps stray/unwanted dogs from roaming neighborhoods in Mason County. A six- foot board fence encloses the property on two side along with having a natural vegetated buffer along John's Creek. According to the applicant this is inherently a quiet activity except for about three hours at midday when caretakers are present;then the dogs bark. There have been no complaints submitted to the County regarding excessive noise created by the dogs. 2. Will the proposed use be consistent and compatible with the intent of the Comprehensive Plan? Staff Response: There does not appear to be any conflicts with the County Comprehensive Plan. Essential Public Facilities are those that are typically difficult to site. These facilities are permitted in rural areas with a Special Use Permit. The proposal will not require urban levels of government services. Per the Mason County Comprehensive Plan RU-500 the proposal will be screened (already has existing fencing) from public rights-of-way and adjacent properties. 3. Will the proposed use introduce hazardous conditions at the site that cannot be mitigated through appropriate measures to protect adjacent properties and the community at large? Staff Response: No hazardous conditions are expected as a result of the proposal. There are no unique chemicals used, only laundry soap, dog soap and household bleach. The bedding is washed in the laundry. Except for sleeping areas, kennel floors are covered with cedar chips. The dogs make their deposits in the chips and volunteers scoop up the feces/chip mixture each day and place it in plastic bags for transfer to the county dump. 4. Is the proposed use served by adequate public facilities, which are in place, or planned as a condition of approval or as an identified item in the County's Capital Facilities Plan? Staff Response: The proposal is served by multiple existing public facilities such as power, garbage, roads and fire protection. There is an on-site septic system installed in 2006 and approved by the Environmental Health Department. The Environmental Health Department has already approved the septic and water system for the proposed upgrades. Adopt-A-Pet DDR2007-00045 3 of 5 J 5. Will the proposed use have a significant impact upon existing uses on adjacent lands? Staff Response: There does not appear to be significant impact upon existing, adjacent land uses. Adjacent land uses are residential. There may be some noise impacts from the dogs barking when the caretakers are present, but no complaints have been filed with the County since the operation began. Having a structure to house the dogs may minimize that noise that currently exists. The outdoor chain-link kennels provide no noise reduction and will be removed upon completion of the proposed project. There is an existing security light on a 20-foot pole that has been on site for about six years. There are only two residences that can see it. No new lighting is proposed. The new structure will only increase the impervious surface from 2% to 5%. The slight reduction the drainage area poses no threat to adjacent properties. Traffic will not increase as this is just replacing current kennel facilities with an updated facility that will house the dogs in one area. The new kennels will include a heated area more conducive to animal health in the winter and the appearance of the new structure will be more pleasing to visitors and neighbors. 6. If located outside an Urban Growth Area, will the proposal result in the need to extend urban services? Staff Response: The proposed expansion to the animal shelter would not result in a need to extend urban services. There are currently existing road access and sanitation facilities for the site. D. Applicable Title 15 Review Criteria: Per section 15.09.050 (C)(1-3), the Hearing Examiner shall review a proposed development according to the following criteria. 1. The development does not conflict with the Comprehensive Plan and meets the requirements and. intent of the Mason County Code, especially Title 6, 8, and 16. Staff Response: This development does not conflict with the Comprehensive Plan in that the parcel is zoned Rural Residential 5 and essential public facilities are permitted in all zonings with a Special Use Permit. The proposal meets the intent of the Mason County code, Title 6. The existing sanitation facilities support the proposal. Title 8 and 16 do not apply. The proposal is outside of any stream, shoreline, wetland, or landslide hazard area buffer/setbacks. 2. The development does not impact the public health, safety and welfare and is in the public interest. Staff Response: This development does not impact the public health, safety and welfare. The applicant has demonstrated that the proposal will have Adopt-A-Pet DDR2007-00045 4 of 5 minimal impacts. A safe facility to house stray and unwanted dogs is in the public interest. 3. The development does not lower the level of service of transportation and/or neighborhood park facilities below the minimum standards established within the Comprehensive Plan. Staff Response: The proposal will not lower the level of service of transportation and/or neighborhood park facilities below the minimum standards established within the Comprehensive Plan. IX. Project Analysis: Based upon these policies and regulations, the project conforms to the policies and use regulations of the Mason County Development Regulations and is consistent with the Comprehensive Plan with regards to essential public facilities. X. Conclusions. As designed, the project is consistent with the Mason County Development Regulations. Staff recommends approval based on the following conditions. X. Conditions. 1. The existing chain-link kennels shall be removed within 30 days of final occupancy to allow the ability to securely transfer the dogs to the new facility. 2. Existing vegetation surrounding the kennels shall be maintained as a landscape buffer between adjacent land uses. 3. Provisions for surface/subsurface drainage control must be implemented with new construction or development on site and MUST NOT adversely impact adjacent parcels. Under the requirements of Mason County Stormwater Ordinance, either private ditches and drains will meet requirements of the stormwater ordinance or prior approval will be granted to use an existing utility and drainage easement dedicated for that specific purpose. 4. Prior to building permit approval the applicant will be required to submit a new site plan and building plans showing that the proposed building to meets the maximum 3,000 square foot size for non-agricultural buildings in RR-5 zoning. XI. Choices of Action. 1. Approval of the SUP request. 2. Denial of the SUP request. 3. Conditional approval of the SUP request. 4. Postpone the decision for further information. Adopt-A-Pet DDR2007-00045 5 of 5 i CASE INDEX Adopt-A-Pet DDR2007-00045 Index# Date Description 1 Aril 26,2007 Exhibit 1: Staff Report 2 March 8,2007 Exhibit 2: Special Use Permit Application 3 March 8,2007 Exhibit 3: Applicants response to SUP criteria 4 March 8,2007 Exhibit 4: Site plan 5 March 8,2007 Exhibit 5: Reference Material submitted by AAP 6 March 9,2007 Exhibit 6: Notice of Special Use Permit Application and Public Hearin 7 February 22, 2007 Exhibit 7: Planning Department Request for Additional Information 8 March 1,2007 Exhibit 8: Applicant's Response to Request for Additional Information 9 March 8,2007 Exhibit 9: Photos submitted by applicant 10 Aril 26,2007 Exhibit 10: Development Definitions 11 February 5, 2007 Exhibit 11: Letter from Settle &Johnson Mason County Department of Planning Building I * 411 N. 5th Street * P.O. Box 279 Shelton, Washington 98584 * (360) 427-9670 April 26, 2007 TO: Mason County Hearings Examiner FROM: Planning Staff—Tammi Clark RE: Special Use Permit (DDR2007-00045) expansion/replacement of existing dog kennels with a covered facility. STAFF REPORT I. Introduction. This report evaluates a proposal for the replacement of eleven (11) individual chain link dog kennels with one shelter building (3,000 sq. ft. maximum allowed in RR-5 zoning for non-agriculture buildings) incorporating kennels and one 14' X 20' storage shed. Staff recommends sixteen 16 kenn 9 s ( ) approval of the Special Use Permit as conditioned. IL PP Ado t-A-Pet-- Don Nichols, President. A licant. P III. Property Location. 940 E. Jensen Road, Shelton, WA 98584. NW1/4, NW1/4, SECTION 32, TOWNSHIP 21 NORTH, RANGE 3 WEST W.M. Parcel # 32132- 22-90002. IV. Project Description. Adopt-A-Pet (AAP) proposes to replace 11 chain link dog kennels with one shelter building incorporating 16 kennels. The proposed structure is 3,200 square feet in size. Per the Mason County Development Regulations 1.04.224 (B), the maximum building size for non-agricultural buildings is 3,000 square feet. According to The Latest Illustrated Book of Development Regulations by Harvey S. Moskowitz and Carl G. Lindbloom (Exhibit 10) an agricultural building is defined as "A structure on agricultural land implements, livestock, or used to house farm im designed, constructed, and p agricultural produce or products grown or raised on the premises." This building does not meet the definition of an agricultural building. Approval of the Special Use Permit will be conditioned on resizing the building to meet the minimum building size permitted in Rural Residential 5 zoning. The existing kennels will be torn down and removed. One 14' X 20' storage shed will also be constructed. AAP has been providing care and shelter to stray and unwanted dogs for the past 18 years. Adopt-A-Pet DDR2007-00045 1 of 5 E Until recently, AAP has been operating as a cottage industry. In 2006 there was a 2-tot subdivision done on the parcel creating a separate lot for the residence and a separate lot for the AAP facilities. The operation of the AAP kennels no longer meets the requirements of a cottage industry. However, a determination was made that this service can be classified as an essential public facility and is a permitted use in Rural Residential 5 zoning with a Special Use Permit. V. Evaluations. A. Characteristics of the site. The parcel is irregular in shape and approximately 2.8 acres in size. It is currently used as a no-kill animal shelter (Adopt-A-Pet). Existing structures on site include a 40' X 40' shop, 11 chain link dog kennels, and a septic system that was installed and approved in July 2006. The property is located off Jensen Road. B. Characteristics of the area. The site is located in an area zoned as Rural Residential 5. Numerous single-family residential units surround the subject parcel. The parcel is buffered by John's Creek along the east property line and then turns west towards the northern property line. The proposal maintains more than a 200' buffer from John's Creek. C. Shoreline Designation. Not Applicable. D. Comprehensive Plan Designation /Zoning. The Mason County Comprehensive Plan designation for the site is Rural and the zoning is Rural Residential 5. VI. SEPA Compliance. Project is SEPA exempt per WAC 197-11-800 (1)(c)(iii). VII. Other Permits/Approvals. A Notice of Application and Public Hearing (Exhibit 6)was posted on site on March 27, 2007 and in the Mason County Journal to run on March 15, 2007. No public comment has been received to date. Vill. Analysis of Review Criteria. This proposal requires a Special Use Permit due to the requirements of the Mason County Development Regulations, dated February 28, 2006, section 1.04.222 C. Essential Public Facilities are a special use permit required use in areas zoned as Rural Residential 5. The following additional information is required for special use permits to aid in analyzing the request, preparing necessary conditions, and providing consistency with dimensional and performance standards in these and other relevant county regulations. A. Applicable Special Use Review Criteria (Mason County Development Regulations 1.05.044): A Special Use is one which possesses unique characteristics due to size, nature, intensity of use, technological processes involved, demands upon public services, relationship to surrounding lands, or Adopt-A-Pet DDR2007-00045 2 of 5 other factors. Any application for a Special Use permit shall not be approved unless an affirmative finding with regard to each of these criteria is made. See the applicant's answers to these criteria, marked Exhibit 3 and Exhibit 8. 1. Will the proposed use be detrimental to the public health, safety and welfare? Staff Response: No potential detrimental effects have been identified. The kennels have been in operation for the past 18 years with no identified detrimental impacts, either hazardous or objectionable conditions. The kennels do provide a service that keeps stray/unwanted dogs from roaming neighborhoods in Mason County. A six- foot board fence encloses the property on two side along with having a natural vegetated buffer along John's Creek. According to the applicant this is inherently a quiet activity except for about three hours at midday when caretakers are present; then the dogs bark. There have been no complaints submitted to the County regarding excessive noise created by the dogs. 2. Will the proposed use be consistent and compatible with the intent of the Comprehensive Plan? Staff Response: There does not appear to be any conflicts with the County Comprehensive Plan. Essential Public Facilities are those that are typically difficult to site. These facilities are permitted in rural areas with a Special Use Permit. The proposal will not require urban levels of government services. Per the Mason County Comprehensive Plan RU-500 the proposal will be screened (already has existing fencing) from public rights-of-way and adjacent properties. 3. Will the proposed use introduce hazardous conditions at the site that cannot be mitigated through appropriate measures to protect adjacent properties and the community at large? Staff Response: No hazardous conditions are expected as a result of the proposal. There are no unique chemicals used, only laundry soap, dog soap and household bleach. The bedding is washed in the laundry. Except for sleeping areas, kennel floors are covered with cedar chips. The dogs make their deposits in the chips and volunteers scoop up the feces/chip mixture each day and place it in plastic bags for transfer to the county dump. 4. Is the proposed use served by adequate public facilities, which are in place, or planned as a condition of approval or as an identified item in the County's Capital Facilities Plan? Staff Response: The proposal is served by multiple existing public facilities such as power, garbage, roads and fire protection. There is an on-site septic system installed in 2006 and approved by the Environmental Health Department. The Environmental Health Department has already approved the septic and water system for the proposed upgrades. Adopt-A-Pet DDR2007-00045 3 of 5 5. Will the proposed use have a significant impact upon existing uses on adjacent lands? Staff Response: There does not appear to be significant impact upon existing, adjacent land uses. Adjacent land uses are residential. There may be some noise impacts from the dogs barking when the caretakers are present, but no complaints have been filed with the County since the operation began. Having a structure to house the dogs may minimize that noise that currently exists. The outdoor chain-link kennels provide no noise reduction and will be removed upon completion of the proposed project. There is an existing security light on a 20-foot pole that has been on site for about six years. There are only two residences that can see it. No new lighting is proposed. The new structure will only increase the impervious surface from 2% to 5%. The slight reduction the drainage area poses no threat to adjacent properties. Traffic will not increase as this is just replacing current kennel facilities with an updated facility that will house the dogs in one area. The new kennels will include a heated area more conducive to animal health in the winter and the appearance of the new structure will be more pleasing to visitors and neighbors. 6. If located outside an Urban Growth Area, will the proposal result in the need to extend urban services? Staff Response: The proposed expansion to the animal shelter would not result in a need to extend urban services. There are currently existing road access and sanitation facilities for the site. D. Applicable Title 15 Review Criteria: Per section 15.09.050 (C)(1-3), the Hearing Examiner shall review a proposed development according to the following criteria. 1. The development does not conflict with the Comprehensive Plan and meets the requirements and intent of the Mason County Code, especially Title 6, 8, and 16. Staff Response: This development does not conflict with the Comprehensive Plan in that the parcel is zoned Rural Residential 5 and essential public facilities are permitted in all zonings with a Special Use Permit. The proposal meets the intent of the Mason County code, Title 6. The existing sanitation facilities support the proposal. Title 8 and 16 do not apply. The proposal is outside of any stream, shoreline, wetland, or landslide hazard area buffer/setbacks. 2. The development does not impact the public health, safety and welfare and is in the public interest. Staff Response: This development does not impact the public health, safety and welfare. The applicant has demonstrated that the proposal will have Adopt-A-Pet DDR2007-00045 4 of 5 minimal impacts. A safe facility to house stray and unwanted dogs is in the public interest. 3. The development does not lower the level of service of transportation and/or neighborhood park facilities below the minimum standards established within the Comprehensive Plan. Staff Response: The proposal will not lower the level of service of transportation and/or neighborhood park facilities below the minimum standards established within the Comprehensive Plan. IX. Project Analysis: Based upon these policies and regulations, the project conforms to the policies and use regulations of the Mason County Development Regulations and is consistent with the Comprehensive Plan with regards to essential public facilities. X. Conclusions. As designed, the project is consistent with the Mason County Development Regulations. Staff recommends approval based on the following conditions. X. Conditions. 1. The existing chain-link kennels shall be removed within 30 days of final occupancy to allow the ability to securely transfer the dogs to the new facility. 2. Existing vegetation surrounding the kennels shall be maintained as a landscape buffer between adjacent land uses. 3. Provisions for surface/subsurface drainage control must be implemented with new construction or development on site and MUST NOT adversely impact adjacent parcels. Under the requirements of Mason County Stormwater Ordinance, either private ditches and drains will meet requirements of the stormwater ordinance or prior approval will be granted to use an existing utility and drainage easement dedicated for that specific purpose. 4. Prior to building permit approval the applicant will be required to submit a new site plan and building plans showing that the proposed building to meets the maximum 3,000 square foot size for non-agricultural buildings in RR-5 zoning. XI. Choices of Action. 1. Approval of the SUP request. 2. Denial of the SUP request. 3. Conditional approval of the SUP request. 4. Postpone the decision for further information. Adopt-A-Pet DDR2007-00045 5 of 5 TO d.rE KEPT 'IN THE Aii Aa SPECIAL USE PERMIT CHECKLI �. FILE Application received and logged: m a r ch $, a-OO`7 Legal notice delivered to Journal: Fu x.ed 3100 7 t-0 rw, on 2419(0-7 Legal notice posted and mailed: Ma.a-ecl 3lj--l0I Po Shelton UGA notice: /`t A SEPA: t0A Circulated on: NA Ex Me}- Other permits or variances: L43 Hearing date: Packets to HEX: Decision: Notice of Final Decision sent: 51dSl 0-7 ApAe Notes: -Z 3-0 7 SC f- d^f-- _ S �tj /�0✓� 11i � 91 IAPLANNIMChecklists&templates\SUP CHECKLIST.doc.ram ��� Application for special use permit FOR ADOPT-A-PET Mason County, Washington GO o� 5 MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT APPLICATION FOR SPECIAL USE A Special Use is one that possesses unique characteristics due to size, nature, intensity of use, technological processes involved, demands upon public services, relationship to surrounding lands, or other factors. The purpose of this application is to provide for adequate oversight and review of such development proposals, in order to assure that such uses are developed in harmony with surrounding land uses, and in a manner consistent with the intent of the Development Regulations for Mason County; Ordinance No. 82-96. Acceptance of this application by Mason County does not guarantee approval of request. Applicant name AQ(>F T_ iw _P F-r Telephone# (3G6) 9.3L-3 o 9 ceaL. y trG- `3�1 C Mailing address ►:5 9j!S S 4,AeL-TO N, 9 199'Fl A Site address Tax Parcel #32132 Legal Description NOW %a hi y4 5CGTCu N 32 ,toWtitSl{to 21, Namrt4 tZA1sjGC a wtST W.M• Type of Special Use Permit: Communications Tower Accessory Dwelling Unit Oversize Construction Other J00G SA14A--T my:k On a separate piece of paper,please state your reasons for requesting a Special Use Permit. Be sure to address the following six criteria, your request will be evaluated based on these criteria. 1) Will the proposed use be detrimental to public health, safety, and welfare? 2) Will the proposed use be consistent and compatible with the intent of the Comprehensive Plan? 3) Will the proposed use introduce hazardous conditions, at the site, that can not be mitigated through appropriate measures to protect adjacent properties and the community at large? 4) Is the proposed use served by adequate public facilities, which are in place,planned as a condition of approval or as an identified item in the County's Capital Facilities Plan? Special Use Permit: $1,010.00 - Hearings Examiner: $540.00 Applicant will also be billed for all advertising costs.Acceptance of this application,by Mason County does not guarantee approval. I:\PLANNING\C&RPAC\SPECIALUSE.PER REVISED:4/27/05 1 5) Will the proposed use have a significant impact upon existing uses on adjacent lands? 6) If located outside of an Urban Growth Area, will the proposal result in the need to extend urban services? 7) Please provide a site plan that includes the following: ❑ Indicate Scale and North Arrow ❑ Property line dimensions,easements,and right-of-ways. ❑ The location of all existing and proposed structures.Include square footage of existing and proposed structures. ❑ Setback distance,in feet from all property lines and structures. ❑ Existing and proposed road access to and from the site. ❑ Parking sites ❑ Location of on-site sewage tanks and drainfields. ❑ Location of drinking water supply.Include location on the proposed site and surrounding parcels. ❑ Steep bluffs,wetlands,streams,and bodies of water ❑ Location of fire hydrants and emergency vehicle access roads,including grade. ❑ Surface and storm water run-off routes. Applicant(s) signature Ot J PrZ�.S VD *L"tVT Foci !�aopT-^-per Special Use Permit: $1,010.00 - Hearings Examiner: $540.00 Applicant will also be billed for all advertising costs.Acceptance of this application,by Mason County does not guarantee approval. 1:\PI.,ANNING\C&RPAC\SPECIALUSI.PER REVISED:04/27/05 FOR VARIANCE REQUEST Publication cost is the responsibility of the applicant. Final permit processing will not occur until advertising fees have been paid to the newspaper by the applicant. The Shelton-Mason County Journal will bill the applicant directly. I/WE understand that I/WE must sign and date the attached acknowledgment indicating and that I/WE understand that is MY/OUR responsibility. I/WE must submit the signed page as part of application in order for it to be considered as complete. t i Zaa� DATE r-WOPT-A- C76 r OWNER Aoo to APPLICANT \\CLUSTERI HOME, SERVER\HOME\COMMON\PLANNING\PAC\VARIANCES\Mason County Variance app-doc LIST OF ADJACENT PROPERTY OWNERS WITHIN 300 FEET OF YOUR PROPERTY BOUNDARIES FOR VARIANCE REQUEST Addresses are to be obtained from the Mason County Assessor's Office, Bldg. 1,Second Floor. At+` pfiQCEl. NOS HAVE 3 t�Z ��rctrCL b�NG. eARC&c1. 'Z39 0 oe�� 2x0 ST*%M GM1pft PL. P�tcaL, Zap od�►i -�otvE�rS� M^IMM 4 CAFAA P Q Box 20 t8 , S H0--710 N t4 fac EK., ZZ 9ot0 ZO zr,�t.otu�„ , ToHws 9S'7 £ J�lVSEN RD., StfEl►.7oi1 M IICGSu . ZZ odOt o Sa t,.I-EG, 139,UcM #t Arts y •%rv#j S ft-j R10. �+H it f.Ta11' L.Y06-4, SARBa*'MA P.d.I34K 'Zza'�, SHEt.TOrt . '�''RR.C�L �Z9000! .as'aV • cto PfZtdcS t4oRV. TOM # GF.or41ri MRjw pjc& ^VVI MI l %I ems&!l, Ry. Sri-tON 3a8t a a7 c Dof t-E. IMP. SrNE�.Td�s'" Adop-F po Qox I Saq S11co-on wA 6M'9 9 i \CLtJS'IT;]ZI_HOlvlE._SL.R\IER\HOME-\COMNION\PLANNING\PAC\\'ARIANCES\\4ason County 'I Variance app..doc U T 3 C4 Application for special use at 940 E Jensen road: At the subject site, Adopt-A-Pet proposes to replace 11 Individual chain link dog kennels with one shelter building incorporating 16 kennels. The existing kennels will be torn down and removed , thereby greatly enhancing the overall appearance of the properly. For the past 18 years at this site, AAP has been providing care and shelter to stray and unwanted dogs collected from all over Mason County. Our operation has not been detrimental to public health, safety and welfare, and Ina broad sense may be construed as having enhanced these issues. In our 18 years of operation, no hazardous or objectionable conditions have ever arisen. Further, it is believed that our shelter provides a service essential to the public and therefore falls well within the comprehensive plan of Mason County. We are adequately served by existing public facilities such as power, garbage, roads and fire protection. In addition, we have our own approved well as a supply of potable water as well as an approved septic system installed in 2006. Jensen road, on which we are located, is a County road and provides ready access to the is as well as for em vehicles. public Y We neither seek nor receive any public funds to conduct our operations. For Adopt-"et by, Don Nichols, President �t O4 O j LU uj J 4LL uj 1 J ZDWJ 0 } w ! N N J • � �i a W. co dot= OJ iQrz F / it � Iw U 0a � // `I i �¢ a �� Z :w jai 0 F- CO o O ui gm I \\\ b94.W \ %1 I N e-W W I N \ (9 m CM \� I c oOc Q _ a w _ coU. a.. m Z v I \ 1 1 7 Ix I I I I Irr \ i 1 o x �o W z p QED Q Z W W Z Z W i w a M .T1 DEPT a o = " w Q U w Z CD3 Y. o 1 w ui Q O RAN(3t. SCALE 2200031 - -- -� 2290041 SP 1768 229oo40 \ 2200 030 S3` .4 90054 H 2200010 '- 22 9005 S P 88437ra 5 30/���5 ('l, 22 A 90052 22 90051ulo plRt�KO 4)vo co,0, 2200020a 9cCC S 16/142 ' I AMP i = 2390002 caeca 3 SP 2253 avg 23 90003 23 gp014 g SP 2259 a, a 23 90013 �' a 23 90004 � 9 DD 3� � 23 23 90012 y °i W a 3290111 & z J SP 226T 23 90011 z N m 3290112 § 3 1 1SD33 3290094 e 3?-90113 = r 32 90093 3 9e,D3` z z `. 3290092 w '- 3290114 2 X SP 2263 32 9C(n! BLA 97-31 r N ``-JENSEN-- RD 3200000 SP 2272 M BLA 97-31 z ri S 17/209 w 32o0050 OD i 3200030 co LL �kM 4 �AYpx ..hn L I REFERENCE MATERIAL dilapidated facility. The first building has been completed which houses storage, office worker facilities and two puppy kennels. We now need to add a 40'x80' building to enclose 16 more kennels all under one roof. These will replace 11 chain link kennel enclosures which we now have and which will be torn down and removed. Each of the new kennels will include a heated area more conducive to animal health in the winter, and provide the luxury of unfrozen water buckets! The appearance of our new buildings will be more pleasing to visitors and neighbors. In view of the foregoing and in the opinion of the writer we deserve a designation which will allow us to upgrade and continue our service to Mason County. Don Nichols, President Adopt-A-Pet February It, 2007 �b�oN Co MASON COUNTY Shelton (360) 427-9670 DEPARTMENT OF COMMUNITY DEVELOPMENT Belfair (360) 275-4467 Planning Elma (360) 482-5269 Mason County Bldg.1 411 N.5th P.O.Box 279 Shelton,WA 98584 1 ¢ NOTICE OF APPLICATION FOR SPECIAL USE PERMIT AND NOTICE OF PUBLIC HEARING Notice is hereby given that Adopt-A-Pet has filed an application for a Special Use Permit number DDR2007-00045 to replace eleven chain link dog kennels with one shelter building incorporating 16 kennels and a storage shed. This permit is required because of the requirements of the Mason County Development Regulations, Section 1.04.222 (C) for essential public facilities as a permitted use in Rural Residential 5 zoning with a Special Use Permit. The proposal must meet the decision criteria of section 1.05.044 for approval. Site Address and Project Location: 940 E.Jensen Road,Shelton,WA 98584 Parcel Number: 32132-22-00000 Date of Application: March 8,2007 A PUBLIC HEARING will be held by the Mason County Hearings Examiner regarding the proposed project on May 8,2007 at 1:00 p.m.in the Commissioner's Chambers Building I,411 North Fifth Street, Shelton, WA. If special accommodations are needed, contact the Commissioner's Office, (360)427-9670. Any person desiring to express their views or to be notified of the action taken on the application should come to the public hearing or mail comments to Tammi Clark,Mason County Dept. of Community Development,PO Box 279, Shelton, WA 98584. Please call (360)427-9670 ext. 295 with any questions regarding this permit application The proposal is SEPA exempt per WAC 197-11-800 (1)(c)(iii). pN-STArF MASON COUNTY o Py A a N DEPARTMENT OF COMMUNITY DEVELOPMENT 0 o N = Planning Division z� N Y y P O Box 279, Shelton,WA 98584 1864 (360)427-9670 REQUEST FOR ADDITIONAL INFORMATION February 22, 2007 ADOPT A PET PO BOX 1594 SHELTON WA 98584 Parcel No.: 321322290002 Project Description: Special Use Permit to construct dog kennels as an essential public facility. Dear Applicant: You have submitted a permit application (case no. DDR2007-00045)for proposed construction or development in the county. Upon review of your application, I require additional information to complete the permit review process. Therefore, review of your application will not proceed until the necessary information is provided (see the comment section of this letter for details.) Once the information is submitted and the application is complete, I will continue to process your application accordingly. If the additional information is not provided to the County within 180 days of this request, the application shall expire and no further action on the proposed development shall take place. Please contact me at (360)427-9670, ext. 295 if you have questions. Sin rely, r �,,,� C&L Tammi Clark Land Use Planner Mason County Planning Department �x1�LbJ- 2/22/2007 Page 1 of 2 DDR2007-00045 i REQUEST FOR ADDITIONAL INFORMATION 2/22/2007 Case No.: DDR2007-00045 Comments: I have received and reviewed your application for a Special Use . Permit. I have scheduled the Public Hearing for May 8, 2007 at 1:00 pm in the Commissioner's Chambers, 411 N. 5th Street, Shelton, WA, 98584. 1 still need more infomation to address specifically criteria #1, #3, and #5 of the Special Use Permit Application . Please respond to the following questions. 1. How do you plan to minimize the potential noise impact to adjoining property owners? 2. What types of chemicals/cleaners are used at the facility and could they create potential hazardous conditions? 3. How is the bedding/feces from the dog kennels handled and discarded? 4. Will there be outdoor lighting and if so, how do you plan to mitigate the glare? 5. Do you anticipate increased traffic as a result of this proposal? 6. How do you paln to deal with stormwater runoff as a result of the increased impervious surface? These are potential issues that could arise at the hearing and it is best to address them from the start. 2/22/2007 Page 2 of 2 DDR2007-00045 r Response: 1. A six foot board fence encloses the property on two sides. This is inherently a quiet activity except for about three hours at midday when caretakers are present; Then the dogs bark. 2. We use no unique chemicals; Only laundry soap, dog soap and household bleach. 3. Bedding is washed in our laundry. Except for sleeping area, kennel floors are covered with cedar chips. The dogs make their deposits in the chips and volunteers scoop up the poop/chip mixture each day and place it in plastic bags for transfer to the county dump. 4. We have had a security light on a 20 ft. pole for about six years . There are only two residences that can see it. If some one objects, we'll shroud the light to shine straight down. 5. There is no foreseeable reason why traffic should increase as a result of replacing our old kennels with a new building. 6. After construction of our new building, our percentage acreage under concrete will increase from 2% to 5%. ( from 1840 sq. ft. to 5968 sq.ft. in 2.83 acres ) The very slight reduction in our drainage area poses no threat to adjacent properties , but can under extremely wet conditions, be an annoyance to us. f REQUEST FOR ADDITIONAL INFORMATION 2/22/2007 Case No.: DDR2007-00045 Comments: I have received and reviewed your application for a Special Use Permit. I have scheduled the Public Hearing for May 8, 2007 at 1:00 pm in the Commissioner's Chambers, 411 N. 5th Street, Shelton, WA, 98584. 1 still need more infomation to address specifically criteria #1, #3, and #5 of the Special Use Permit Application . Please respond to the following questions. 1. How do you plan to minimize the potential noise impact to adjoining property owners? 2. What types of chemicals/cleaners are used at the facility and could they create potential hazardous conditions? 3. How is the bedding/feces from the dog kennels handled and discarded? 4. Will there be outdoor lighting and if so, how do you plan to mitigate the glare? 5. Do you anticipate increased traffic as a result of this proposal? 6. How do you pain to deal with stormwater runoff as a result of the increased impervious surface? These are potential issues that could arise at the hearing and it is best to address them from the start. 2/22/2007 Page 2 of 2 DDR2007-00045 FM M� kr��F'rrk 1 �1� - - �{• '� LAw� is �Ci .nn C •: 1�• Lu Wild. j4l;�M `ttidtvi_� i. . +y,.n �.� fe` .R � ,�}T„ s,b �•a' 'fie �t r�'S'gs n'�s� f.Ov�tc F � N^ 'y. "� ,� 4. k�,`` 4+w�'. 'ikk3.• "1'''� .;'S'Sa ; a � 5, `"F 1yyy���.� �. ._ �v�yt-xa -• Y L iC R�>,��"y"x .�,f,+. ..�r j i �'P 4 ��' !^i'�1�.�rw�s• C, -f..r.�'-�� } �.r f.f��.�.{'t'�*'13>'�nu'�, Ts�4�,F�t�`�F`s�.,�T`-'�""��"s'v�:=+ ��iY�-�,.��'Fd_'.:=�r�L'r`��''a�.'�`�'�' Y•- �r: >�• � �••/# ! ,• {e1 k.•f '�• a{•'t t gyp,.+t�,� 1 !` �- ,air 1♦ � e �?• r t '� t '7 i�R���� •'� � • .,, • .,� e'}',J•. .' � �`7.��, .y'"'�a���y,rJy��i T t .e a, '' i ► jab,' • b € fir. t1 M ` `� I ' ' � f ' ► 1 1 I ' 77 -- __ a - A 41 r AFFORESTATION See FORESTRY. i} AFTERBURNER An air pollution abatement device that removes unde- sirable organic gases through incineration. ti AGGRESSIVE SOILS Soils that may be corrosive to metallic pipe or tubing. .(N.J.A.C. 5:21-1.4) AGRARIAN Relating to land,particularly agriculture. AGRICULTURAL A structure on agricultural land designed,constructed, j BUILDING and used to house farm implements,livestock,or agri- cultural produce or products grown or raised on the j premises. i AGRICULTURAL LAND, Land that qualifies for a rating as Class 1 in the U.S. PRIME Department of Agriculture (USDA) Soil Conservation Service land-use capability classification. Comment: Capability classification is the grouping of } soils that shows, in a general way, their suitability for various kinds of farming. It is a practical classification based on limitations of the soils, the risk of damage when they are used,and the way they respond to treat- ment. Capability classes are designated by roman nu- merals I—Vill. As the numerals increase, they indicate yprogressively greater limitations and narrower choices for practical use. The best soils for agricultural use,Classes I and II, are described by the USDA as Class 1: Soils that have few limitations that restrict their use Class II: Soils that have some limitations that reduce the choice of plants or require moderate conservation practices The particular soil types for each class are detailed in the County Soil Surveys for each state. AGRICULTURAL See FARM STAND. MARKET { AGRICULTURAL The liquid,gaseous,and solid wastes from all types J POLLUTION of farming,including runoff from pesticides, fertil- izers, and feedlots, erosion and dust from plowing, animal manure and carcasses,and crop residue and debris. 1 i i 15 { TheAlliustpated Book of IIEY� By HARVEY S. MOSKOWITZ and CARL G. LINDBLOOM rove building or = Comment. Affordable may vary by state. In New Jer- inS to the eye. sey, for example, affordable housing for moderate-in- sing" households is 80 percent of the median family sing�• Is difficult income for a particular area, adjusted for household size s had an aesthetic and with not more than 30 percent of the income used for orld were in s Colum_the"City rent (including utilities) or 28 percent for purchase (in- 8 93. While early cluding principal and interest, condo fees, and insur- etics as the sole ance). The applicable figure for low-income households wer, the shift in is 50 percent of median family income. In Florida,on the n City other hand, affordable housing is defined as capable of approach.I soci sake- being acquired with 30 percent of gross income. art noted: "Zon_ While affordable housing is most often thought of as ideal whose time subsidized housing, this is not necessarily so. Market power." A New housing,meeting low-and moderate-income targets,with 2,A.2d 821, 198 affordability controls in place, may also qualify. zoning oning and ". . . oni In fact, the AFTERBURNER An air pollution abatement device that removes undesir- (N.J.S.A. 40:55D— able organic gases through incineration. s of the act: "i. To ent through creative AGRARIAN Relating to land, particularly agriculture. ivic design and ar- reme Court in Ber- AGRICULTURAL MARKET See FARM STAND. ognized the right of uty is a valid objec- AGRICULTURAL The liquid, gaseous, and solid wastes from all types of POLLUTION farming, including runoff from pesticides,fertilizers, and ate aesthetics, how- feedlots, erosion and dust from plowing, animal manure dards upon which to and carcasses, and crop residue and debris. .lication, particularly mess an area is an AGRICULTURAL SERVICES Establishments primarily engaged in supplying soil prep- design control re- aration services, crop services, landscaping, horticul- u4 . . . the architectural tural services, veterinary and other animal services, and i administered and judi- farm labor and management services. and yet not so confin- ssion through architec- AGRICULTURE The production, keeping,or maintenance,for sale,lease, 1989, p. 117). Even in or personal use, of plants and animals useful to man, aids are required in order including but not limited to:forages and sod crops;grains advance the standard of and seed crops; dairy animals and dairy products, poul- try and poultry products;livestock, including beef cattle, itions focus on sign con- sheep, swine, horses, ponies, mules, or goats or any ng and buffering require- mutations or hybrids thereof, including the breeding and I.ordinances), and view grazing of any or all of such animals; bees and apiary products;fur animals;trees and forest products;fruits of he means of a low- or all kinds, including grapes, nuts, and berries; vegetables; defined state or fed- nursery,floral, ornamental, and greenhouse products;or lands devoted to a soil conservation or forestry manage- ment program. See HORTICULTURE. 13 (2/7/2007) Page 1 Tamm( Clark-adopt a pet Letter.doc SETTLE& JOHNSON P.L.L.c. ATTORNEYS AT LAW ANGLE BUILDING P.O.BOX 1400 SHELTON,WASHINGTON 985M BENJAMIN H.SETTLE TELEPHONE ROBERT W.JOHNSON (360)426-9728 FAX (360)426-1902 February 5, 2007 Barb Robinson BarbarrCcb-co.mason.wa.us Via E-mail Re: Adopt-A-Pet:COM-2006-00151 and COM2001-00001 Dear Barb: As we discussed, I am helping Adopt-A-Pet through the permitting process for new kennels at their John's Prairie property. By letter dated January 17, 2007, Tammi Clark indicated that the current operation was to be considered a legal non-conforming use. The letter applies restrictions on size that would put Adopt-A-Pet out of operation. We believe that the county should review this permit under essential government services and authorize the proposed construction under a conditional use permit. Adopt-A-Pet is a no-kill animal shelter incorporated as a tax-exempt, non- profit Washington state charitable organization. The organization qualifies as a 501(c)3 corporation under Federal tax laws. The shelter is run by a small group of dedicated volunteers deeply concerned with the plight of suffering homeless animals. Adopt-A-Pet was started in 1979 and has served as Mason County's only no-kill animal shelter. The organization is obligated by its governing documents to provide this public service to the residents of Mason County on a non-profit basis. They services provided include veterinary care with mandatory spay and neutering. WAC 365-195-340(2)(c)states that no comprehensive plan may"directly or indirectly"preclude the siting of an essential public facility. WAC 365-195-340(2)(a)(i) provides in part"[i]n the identification of essential public facilities, the broadest view should be taken of what constitutes a public facility, involving the full range of services to the public provided by government, substantially funded by government, contracted for by government, or provided by private entities subject to public service obligations. (Emphasis Added). See also City of Des Moines v. Puget Sound Regional Council, 98 Wn.App. 23, 846, 988 P.2d 27, 33 (1999). WAC 365- 195-070 provides: "For the purposes of identifying facilities to be subject to the'essential public facilities'siting process, it is not necessary that the facilities be publicly owned. If the services involved meet a locally accepted definition of public service,the supporting facilities for the services may be included on the list,regardless of ownership." E(2/7/2007)Tamm'i Clark adopt a pet Letter.doc Page 2 —2— February 5, 2007 Recognizing courts recognize that private organizations may operate an essential public facility. In WCHS, Inc.v. City of Lynnwood, 120 Wn.App. 668, 671, 86 P.3d 1169, 1170(2004);the court affirmed that a private corporation providing treatment for chemical dependencies was an"essential public facilities." Adopt-A-Pet provides an important public service. Besides the facility operated by the City of Shelton,Adopt-A-Pet is the only available animal shelter in Mason County. When the City's shelter becomes full,Adopt-A-Pet takes their animals. In the past two- years,Adopt-A-Pet has placed 502 dogs into good homes, all of them being spay or neutered which significantly reduces the future population of stray animals. Adopt-A-Pet has received funds that will allow it to significantly upgrade its somewhat dilapidated facility. The first building that has been completed houses offices, storage,worker facilities ant two puppy kennels. They now need to add a 40'x80' building to enclose 16 more kennels under one roof. This will replace 11 chain link kennels and will provide a heated area for better health of the animals. Given the nature of an animal shelter and the associated kennels, it is a difficult operation to site. If Mason County were to fulfill this need, it would take substantial tax dollars to support a similar operation. Adopt-A-Pet fulfills all the requirements of an essential public facility and it would be very detrimental to the community to put this operation out of business. Sincerely, Settle & Johnson P.L.L.c Rob ROBERT W. JOHNSON RWJ SETTLE&JOHNSON P L.L.C. ATTORNEYS AT LAW ANGLE BLDG.•P.O.BOX 1400 SHELTON,WASHINGTON 98584 (360)426-9728•FAX(360)426-1902 2 of -D- CASE INDEX Adopt-A-Pet DDR2007-00045 Index # Date Description 1 Aril 26, 2007 Exhibit 1: Staff Report 2 March 8, 2007 Exhibit 2: Special Use Permit Application 3 March 8, 2007 Exhibit 3: Applicants response to SUP criteria 4 March 8, 2007 Exhibit 4: Site plan 5 March 8, 2007 Exhibit 5: Reference Material submitted by AAP 6 March 9, 2007 Exhibit 6: Notice of Special Use Permit Application and Public Hearin 7 February 22, 2007 Exhibit 7: Planning Department Request for Additional Information 8 March 1, 2007 Exhibit 8: Applicant's Response to Request for Additional Information 9 March 8, 2007 Exhibit 9: Photos submitted by applicant 10 Aril 26, 2007 Exhibit 10: Development Definitions 11 February 5, 2007 Exhibit 11: Letter from Settle&Johnson Mason County Department of Planning Building I * 411 N. 5t" Street * P.O. Box 279 Shelton, Washington 98584 * (360) 427-9670 April 26, 2007 TO: Mason County Hearings Examiner FROM: Planning,Staff—Tammi Clark RE: Special Use Permit (DDR2007-00045) expansion/replacement of existing dog kennels with a covered facility. STAFF REPORT 1. Introduction. This report evaluates a proposal for the replacement of eleven (11) individual chain link dog kennels with one shelter building (3,000 sq. ft. maximum allowed in RR-5 zoning for non-agriculture buildings) incorporating sixteen (16) kennels and one 14' X 20' storage shed. Staff recommends approval of the Special Use Permit as conditioned. II. Applicant. Adopt-A-Pet-- Don Nichols, President. Ill. Property Location. 940 E. Jensen Road, Shelton, WA 98584. NW1/4, NW1/4, SECTION 32, TOWNSHIP 21 NORTH, RANGE 3 WEST W.M. Parcel # 32132- 2E-90002. IV. Project Description. Adopt-A-Pet (AAP) proposes to replace 11 chain link dog kennels with one shelter building incorporating 16 kennels. The proposed structure is 3,200 square feet in size. Per the Mason County Development Regulations 1.04.224 (B), the maximum building size for non-agricultural buildings is 3,000 square feet. According to The Latest Illustrated Book of Development Regulations by Harvey S. Moskowitz and Carl G. Lindbloom (Exhibit 10) an agricultural building is defined as "A structure on agricultural land designed, constructed, and used to house farm implements, livestock, or agricultural produce or products grown or raised on the premises." This building does not meet the definition of an agricultural building. Approval of the Special Use Permit will be conditioned on resizing the building to meet the minimum building size permitted in Rural Residential 5 zoning. The existing kennels will be torn down and removed. One 14' X 20' storage shed will also be constructed. AAP has been providing care and shelter to stray and unwanted dogs for the past 18 years. Adopt-A-Pet DDR2007-00045 1 of 5 h Until recently, AAP has been operating as a cottage industry. In 2006 there was a 2-lot subdivision done on the parcel creating a separate lot for the residence and a separate lot for the AAP facilities. The operation of the AAP kennels no longer meets the requirements of a cottage industry. However, a determination was made that this service can be classified as an essential public facility and is a permitted use in Rural Residential 5 zoning with a Special Use Permit. V. Evaluations. A. Characteristics of the site. The parcel is irregular in shape and approximately 2.8 acres in size. It is currently used as a no-kill animal shelter(Adopt-A-Pet). Existing structures on site include a 40' X 40' shop, 11 chain link dog kennels, and a septic system that was installed and approved in July 2006. The property is located off Jensen Road. B. Characteristics of the area. The site is located in an area zoned as Rural Residential 5. Numerous single-family residential units surround the subject parcel. The parcel is buffered by John's Creek along the east property line and then turns west towards the northern property line. The proposal maintains more than a 200' buffer from John's Creek. C. Shoreline Designation. Not Applicable. D. Comprehensive Plan Designation / Zoning. The Mason County Comprehensive Plan designation for the site is Rural and the zoning is Rural Residential 5. VI. SEPA Compliance. Project is SEPA exempt per WAC 197-11-800 (1)(c)(iii). VII. Other Permits/Approvals. A Notice of Application and Public Hearing (Exhibit 6) was posted on site on March 27, 2007 and in the Mason County Journal to run on March 15, 2007. No public comment has been received to date. VIII. Analysis of Review Criteria. This proposal requires a Special Use Permit due to the requirements of the Mason County Development Regulations, dated February 28, 2006, section 1.04.222 C. Essential Public Facilities are a special use permit required use in areas zoned as Rural Residential 5. The following additional information is required for special use permits to aid in analyzing the request, preparing necessary conditions, and providing consistency with dimensional and performance standards in these and other relevant county regulations. A. Applicable Special Use Review Criteria (Mason County Development Regulations 1.05.044): A Special Use is one which possesses unique characteristics due to size, nature, intensity of use, technological processes involved, demands upon public services, relationship to surrounding lands, or Adopt-A-Pet DDR2007-00045 2 of 5 other factors. Any application for a Special Use permit shall not be approved unless an affirmative finding with regard to each of these criteria is made. See the applicant's answers to these criteria, marked Exhibit 3 and Exhibit 8. 1. Will the proposed use be detrimental to the public health, safety and welfare? Staff Response: No potential detrimental effects have been identified. The kennels have been in operation for the past 18 years with no identified detrimental impacts, either hazardous or objectionable conditions. The kennels do provide a service that keeps stray/unwanted dogs from roaming neighborhoods in Mason County. A six- foot board fence encloses the property on two side along with having a natural vegetated buffer along John's Creek. According to the applicant this is inherently a quiet activity except for about three hours at midday when caretakers are present; then the dogs bark. There have been no complaints submitted to the County regarding excessive noise created by the dogs. 2. Will the proposed use be consistent and compatible with the intent of the Comprehensive Plan? Staff Response: There does not appear to be any conflicts with the County Comprehensive Plan. Essential Public Facilities are those that are typically difficult to site. These facilities are permitted in rural areas with a Special Use Permit. The proposal will not require urban levels of government services. Per the Mason County Comprehensive Plan RU-500 the proposal will be screened (already has existing fencing) from public rights-of-way and adjacent properties. 3. Will the proposed use introduce hazardous conditions at the site that cannot be mitigated through appropriate measures to protect adjacent properties and the community at large? Staff Response: No hazardous conditions are expected as a result of the proposal. There are no unique chemicals used, only laundry soap, dog soap and household bleach. The bedding is washed in the laundry. Except for sleeping areas, kennel floors are covered with cedar chips. The dogs make their deposits in the chips and volunteers scoop up the feces/chip mixture each day and place it in plastic bags for transfer to the county dump. 4. Is the proposed use served by adequate public facilities, which are in place, or planned as a condition of approval or as an identified item in the County's Capital Facilities Plan? Staff Response: The proposal is served by multiple existing public facilities such as power, garbage, roads and fire protection. There is an on-site septic system installed in 2006 and approved by the Environmental Health Department. The Environmental Health Department has already approved the septic and water system for the proposed upgrades. Adopt-A-Pet DDR2007-00045 3 of 5 5. Will the proposed use have a significant impact upon existing uses on adjacent lands? Staff Response: There does not appear to be significant impact upon existing, adjacent land uses. Adjacent land uses are residential. There may be some noise impacts from the dogs barking when the caretakers are present, but no complaints have been filed with the County since the operation began. Having a structure to house the dogs may minimize that noise that currently exists. The outdoor chain-link kennels provide no noise reduction and will be removed upon completion of the proposed project. There is an existing security light on a 20-foot pole that has been on site for about six years. There are only two residences that can see it. No new lighting is proposed. The new structure will only increase the impervious surface from 2% to 5%. The slight reduction the drainage area poses no threat to adjacent properties. Traffic will not increase as this is just replacing current kennel facilities with an updated facility that will house the dogs in one area. The new kennels will include a heated area more conducive to animal health in the winter and the appearance of the new structure will be more pleasing to visitors and neighbors. 6. If located outside an Urban Growth Area, will the proposal result in the need to extend urban services? Staff Response: The proposed expansion to the animal shelter would not result in a need to extend urban services. There are currently existing road access and sanitation facilities for the site. D. Applicable Title 15 Review Criteria: Per section 15.09.050 (C)(1-3), the Hearing Examiner shall review a proposed development according to the following criteria. 1. The development does not conflict with the Comprehensive Plan and meets the requirements and intent of the Mason County Code, especially Title 6, 8, and 16. Staff Response: This development does not conflict with the Comprehensive Plan in that the parcel is zoned Rural Residential 5 and essential public facilities are permitted in all zonings with a Special Use Permit. The proposal meets the intent of the Mason County code, Title 6. The existing sanitation facilities support the proposal. Title 8 and 16 do not apply. The proposal is outside of any stream, shoreline, wetland, or landslide hazard area buffer/setbacks. 2. The development does not impact the public health, safety and welfare and is in the public interest. Staff Response: This development does not impact the public health, safety and welfare. The applicant has demonstrated that the proposal will have Adopt-A-Pet DDR2007-00045 4 of 5 t minimal impacts. A safe facility to house stray and unwanted dogs is in the public interest. 3. The development does not lower the level of service of transportation and/or neighborhood park facilities below the minimum standards established within the Comprehensive Plan. Staff Response: The proposal will not lower the level of service of transportation and/or neighborhood park facilities below the minimum standards established within the Comprehensive Plan. IX. Project Analysis: Based upon these policies and regulations, the project conforms to the policies and use regulations of the Mason County Development Regulations and is consistent with the Comprehensive Plan with regards to essential public facilities. X. Conclusions. As designed, the project is consistent with the Mason County Development Regulations. Staff recommends approval based on the following conditions. X. Conditions. 1. The existing chain-link kennels shall be removed within 30 days of final occupancy to allow the ability to securely transfer the dogs to the new facility. 2. Existing vegetation surrounding the kennels shall be maintained as a landscape buffer between adjacent land uses. 3. Provisions for surface/subsurface drainage control must be implemented with new construction or development on site and MUST NOT adversely impact adjacent parcels. Under the requirements of Mason County Stormwater Ordinance, either private ditches and drains will meet requirements of the stormwater ordinance or prior approval will be granted to use an existing utility and drainage easement dedicated for that specific purpose. 4. Prior to building permit approval the applicant will be required to submit a new site plan and building plans showing that the proposed building to meets the maximum 3,000 square foot size for non-agricultural buildings in RR-5 zoning. XI. Choices of Action. 1. Approval of the SUP request. 2. Denial of the SUP request. 3. Conditional approval of the SUP request. 4. Postpone the decision for further information. Adopt-A-Pet DDR2007-00045 5 of 5 Application for special use permit FOR ADOPT-A-PET Mason County, Washington GO �P o� 5 MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT APPLICATION FOR SPECIAL USE A Special Use is one that possesses unique characteristics due to size, nature, intensity of use, technological processes involved, demands upon public services, relationship to surrounding lands, or other factors. The purpose of this application is to provide for adequate oversight and review of such development proposals, in order to assure that such uses are developed in harmony with surrounding land uses, and in a manner consistent with the intent of the Development Regulations for Mason County; Ordinance No. 82-96. Acceptance of this application by Mason County does not guarantee approval of request. Applicant name A06 PT_ F1 -PET Telephone# ( 6) A3Z—'3o91 o r✓� �LG—5�l G Mailing address Site address Tax Parcel #321,Z7 - 2 _ - 900o 2 Legal Description H�wL_/a n►W y4 S CGTI u M 3',�, ,to ey M St4(P 21 N mr y4 C:?A N.j G C 3 we*T W.fit• Type of Special Use Permit: Communications Tower Accessory Dwelling Unit Oversize Construction Other DOG SHED,-r fit={ On a separate piece of paper,please state your reasons for requesting a Special Use Permit. Be sure to address the following six criteria, your request will be evaluated based on these criteria. 1) Will the proposed use be detrimental to public health, safety, and welfare? 2) Will the proposed use be consistent and compatible with the intent of the Comprehensive Plan? 3) Will the proposed use introduce hazardous conditions, at the site, that can not be mitigated through appropriate measures to protect adjacent properties and the community at large? 4) Is the proposed use served by adequate public facilities, which are in place, planned as a condition of approval or as an identified item in the County's Capital Facilities Plan? Special Use Permit: simom - Hearings Examiner: $540.00 Applicant will also be billed for all advertising costs.Acceptance of this application,by Mason County does not guarantee approval. l:\PLANN ING\C&RPAC\SPECIALUSE.PER REVISED:4/27/05 J' f 5) Will the proposed use have a significant impact upon existing uses on adjacent lands? 6) If located outside of an Urban Growth Area, will the proposal result in the need to extend urban services? 7) Please provide a site plan that includes the following: ❑ Indicate Scale and North Arrow O Property line dimensions,easements,and right-of-ways. ❑ The location of all existing and proposed structures.Include square footage of existing and proposed structures. ❑ Setback distance,in feet from all property lines and structures. ❑ Existing and proposed road access to and from the site. ❑ Parking sites ❑ Location of on-site sewage tanks and drainfields. O Location of drinking water supply.Include location on the proposed site and surrounding parcels. ❑ Steep bluffs,wetlands,streams,and bodies of water ❑ Location of fire hydrants and emergency vehicle access roads,including grade. O Surface and storm water run-off routes. v Applicant(s) signature 1 pa 5 VD V—=t-4,r Special Use Permit: $1,010.00 - Hearings Examiner: $540.00 Applicant will also be billed for all advertising costs.Acceptance of this application,by Mason County does not guarantee approval. L\PLANNING\C&RPAC\SPECIALUSI .PER REVISED:04/27/05 E&i),t A , 3 of 5 FOR VARIANCE REQUEST Publication cost is the responsibility of the applicant. Final permit processing will not occur until advertising fees have been paid to the newspaper by the applicant. The Shelton-Mason County Journal will bill the applicant directly. I /WE understand that I/WE must sign and date the attached acknowledgment indicating and that I/WE understand that is MY/OUR responsibility. I/WE must submit the signed page as part of application in order for it to be considered as complete. DATE or-r-A- Cog r OWNER APPLICANT my.. .t.)aN+ \\CLUSTERI_HOMF._SER\�ER\HOME\COMMON\PLANNING\PAC\VARIANCES\Mason County Variance app-doc LIST OF ADJACENT PROPERTY OWNERS WITHIN 300 FEET OF YOUR PROPERTY BOUNDARIES FOR VARIANCE REQUEST Addresses are to be obtained from the Mason County Assessor's Office, Bldg. 1, Second Floor. AL.L 'P1nQtE%... Nos KAVTL 3 V-- ��rr.�cE-1,=t7rNG. QAR.CQ% z39 0 oa w rvoe t`tBG� VA Le"_ 2�,0 S'ro�lg aftliq1t PL.. S fk E�.'1aw P�iC�� z39 0d�1 M i49-I ►N 4 CAXLA C'd Sox 20%8 , S HeL=o N ,Mac ell Z-2 T 00 Z0 .vck4wCz 0 71t'OMAs JcNSEN R.D., S46.ToM VIA KC F.L. 22 OW t o - SIM" ..EA, 131wom 4 HAfRA y J DN S e:t1) MD. SH Q L= t r t�FtR.c� L. Z 2g oa 5t L yb%4) SARSMIZA P.6.B44 -�.aa�, sHtEl�'ort 17AMC.F. . �294ao! .sraL - ct„o u Piztes m-6 0 TO M # Gaoruwri M^11t k)CA A VV its ftl I J RD. Sr+CCIMOR 3881 E &%0 ctc DPKT- Rb. r4clop+ +A-t- Oo 60x Isar ShGs+on wA �B5gt} \,CLIJSTERI HOME_SEIZVER\11OME\COMMON\PI-ANNING\PAC\N'ARlt1NC'FSNlason County Variance app..doc C4 U rl T � `s' sD�S ij Application for special use at 940 E Jensen road: At the subject site, Adopt-A-Pet proposes to replace 11 individual chain link dog kennels with one shelter building incorporating 16 kennels. The existing kennels will be torn down and removed , thereby greatly enhancing the overall appearance of the property. For the past 18 years at this site, AAP has been providing care and shelter to stray and unwanted dogs collected from all over Mason County. Our operation has not been detrimental to public health, safety and welfare, and In a broad sense may be construed as having enhanced these issues. In our 18 years of operation, no hazardous or objectionable conditions have ever arisen. Further, it is believed that our shelter provides a service essential to the public and therefore falls well within the comprehensive plan of Mason County. We are adequately served by existing public facilities such as power, garbage, roads and fire protection. In addition, we have our own approved well as a supply of potable water as well as an approved septic system installed in 2006. Jensen road, on which we are located, is a County road and provides ready access to the public as well as for emergency vehicles. We neither seek nor receive any public funds to conduct our operations. For Adopt-A-Pet by, Don Nichols, President ` m W , OS _ a f� w j o co It �Q w t co -i ZD W J a y W y O N>'' O � tt! U ` too O t- i! a ixQ / � - (D to CO r U) d0 // { Q_ Z tom--� v 11� -'y-► ,/ m hW- W o o / LL o O LL 7L" o /� Z rC�CiU1LLa) { O O N W \ \� f" \ 0 OD ! 0 Z a 0: W CL LV U H H U- M to I z _lw d DED �Z � Z& a EPT<LLJ � m a w ¢ 606Y W , I� z �lll� a o uw > W I� Q Ly-U,� 4 ia, i � Hivvc SCALE 2200031 229004 I SP 1768 F 2290040 2200 ,. 030 900522 S3 B 2200010 2 9005 J SP 884 /��� 30/ (-)r, 22 A p 90052 22 I �n 90051 ?nth KD LYo K 2200020 ycCO� S 161142 2390002 239000, �.F SP 2253 ioWe 4" 2390003 2390014 w SP 2259 U Ln a 23 90013 nJ OD23 90004 i 9©L)3 C 23 Q Qs 2390012 u 3290111 7 z J SP 226T 2390011 Z N cu 3290112 C>D33 32 90094 t 32 90113 Q o x 290093 w 3290092 w 3290114 32� ' SP 2263 32 9COq! FCL I BLA 97-31 r.= cv -JENSEN'" RD o 0 1 1 3200000 M InM N SP 22T2 toBLA 9T-31 2 � } S IT/209 L. 3200050 32 OM30 • REFERENCE MATERIAL I Adopt-A-Pet as an essential public facility------------- Adopt-A-Pet has been functioning in Mason County at our current location since 1988 . Our mission is, and has been to rescue stray and homeless dogs and shelter them until we can find caring homes for them. We provide veterinary care which includes spay and neutering, along with treatment of any special conditions. This sometimes includes some rather sad evidence of abuse. We are a no-kill shelter and keep the animals as long as it takes to find a suitable home. We include in our care a socializing period each day for each dog where they are allowed to run free in a large area and play. For some dogs, this is important to their integration into a new family. We carry out our activities with an all volunteer staff. We're funded solely by donations. and the monthly income of a thrift shop in downtown Shelton. Included in our donations are contributions we suggest to adopters in an amount to cover our average expense of care. We also have a couple of fund raisers each year, one of which is the Oysterfest. We have been granted status as a 501 (c) (3) organization by the IRS, and the state also recognizes us as a non-profit tax-free corporation. Since 1988, we have found homes for over 3000 dogs . Since they have all been spay or neutered , we have significantly reduced the future population of strays. On an average of 10 to 12 times a year we have accepted county and city strays dogs from the Shelton shelter that would otherwise have been euthanized. We do what we do out of a sincere empathy for the animals. It is clear that if the county were inclined to fulfill our mission at the same level of care, it would involve significant expense to the taxpayer. Compassionate care of animals is not a budgetary priority. Owing to a bequest from a generous supporter, we have been able to purchase the property which we formerly leased up until the time the owners passed away. These funds also make it possible to provide a much needed upgrade to our somewhat E4kb�k 5) -2 b� 3 dilapidated facility. The first building has been completed which houses storage, office worker facilities and two puppy kennels. We now need to add a 40'x80' building to enclose 16 more kennels all under one roof. These will replace 11 chain link kennel enclosures which we now have and which will be torn down and removed. Each of the new kennels will include a heated area more conducive to animal health in the winter, and provide the luxury of unfrozen water buckets! The appearance of our new buildings will be more pleasing to visitors and neighbors. In view of the foregoing and in the opinion of the writer we deserve a designation which will allow us to upgrade and continue our service to Mason County. Don Nichols, President Adopt-A-Pet February 1gt, 2007 E'&'w o 3 PB°x CO MASON COUNTY � ap Shelton (360) 427-9670 DEPARTMENT OF COMMUNITY DEVELOPMENT Belfair (360) 275-4467 Planning Mason County Bldg.1 411 N.5th Elma (360) 482-5269 P.O.Box 279 Shelton,WA 98584 1B5¢ NOTICE OF APPLICATION FOR SPECIAL USE PERMIT AND NOTICE OF PUBLIC HEARING Notice is hereby given that Adopt-A-Pet has filed an application for a Special Use Permit number DDR2007-00045 to replace eleven chain link dog kennels with one shelter building incorporating 16 kennels and a storage shed. This permit is required because of the requirements of the Mason County Development Regulations, Section 1.04.222 (C) for essential public facilities as a permitted use in Rural Residential 5 zoning with a Special Use Permit. The proposal must meet the decision criteria of section 1.05.044 for approval. Site Address and Project Location: 940 E.Jensen Road, Shelton,WA 98584 Parcel Number: 32132-22-00000 Date of Application: March 8,2007 A PUBLIC HEARING will be held by the Mason County Hearings Examiner regarding the proposed project on May 8,2007 at 1:00 p.m. in the Commissioner's Chambers Building I, 411 North Fifth Street, Shelton, WA. If special accommodations are needed, contact the Commissioner's Office, (360) 427-9670. Any person desiring to express their views or to be notified of the action taken on the application should come to the public hearing or mail comments to Tammi Clark, Mason County Dept. of Community Development,PO Box 279, Shelton, WA 98584. Please call (360) 427-9670 ext. 295 with any questions regarding this permit application The proposal is SEPA exempt per WAC 197-11-800 (1)(c)(iii). �N-SrArl� MASON COUNTY o P� MA o o N DEPARTMENT OF COMMUNITY DEVELOPMENT o N F 2 Planning Division 7 N y y P O Box 279, Shelton,WA 98584 (360)427-9670 1864 REQUEST FOR ADDITIONAL INFORMATION February 22, 2007 ADOPT A PET PO BOX 1594 SHELTON WA 98584 Parcel No.: 321322290002 Project Description: Special Use Permit to construct dog kennels as an essential public facility. Dear Applicant: You have submitted a permit application (case no. DDR2007-00045)for proposed construction or development in the county. Upon review of your application, I require additional information to complete the permit review process. Therefore, review of your application will not proceed until the necessary information is provided (see the comment section of this letter for details.) Once the information is submitted and the application is complete, I will continue to process your application accordingly. If the additional information is not provided to the County within 180 days of this request, the application shall expire and no further action on the proposed development shall take place. Please contact me at (360) 427-9670, ext. 295 if you have questions. Sin rely, < C G�nrnc, Tammi Clark Land Use Planner Mason County Planning Department 2/22/2007 Page 1 of 2 DDR2007-00045 REQUEST FOR ADDITIONAL INFORMATION 2/22/2007 Case No.: DDR2007-00045 Comments: I have received and reviewed your application for a Special Use . Permit. I have scheduled the Public Hearing for May 8, 2007 at 1:00 pm in the Commissioner's Chambers, 411 N. 5th Street, Shelton, WA, 98584. 1 still need more infomation to address specifically criteria #1, #3, and #5 of the Special Use Permit Application - Please respond to the following questions. 1. How do you plan to minimize the potential noise impact to adjoining property owners? 2. What types of chemicals/cleaners are used at the facility and could they create potential hazardous conditions? 3. How is the bedding/feces from the dog kennels handled and discarded? 4. Will there be outdoor lighting and if so, how do you plan to mitigate the glare? 5. Do you anticipate increased traffic as a result of this proposal? 6. How do you paln to deal with stormwater runoff as a result of the increased impervious surface? These are potential issues that could arise at the hearing and it is best to address them from the start. 2/22/2007 Page 2 of 2 DDR2007-00045 Response: 1. A six foot board fence encloses the property on two sides. This is inherently a quiet activity except for about three hours at midday when caretakers are present; Then the dogs bark. 2. We use no unique chemicals; Only laundry soap, dog soap and household bleach. 3. Bedding is washed in our laundry. Except for sleeping area, kennel floors are covered with cedar chips. The dogs make their deposits in the chips and volunteers scoop up the poop/chip mixture each day and place it in plastic bags for transfer to the county dump. 4. We have had a security light on a 20 ft. pole for about six years . There are only two residences that can see it. If some one objects, we'll shroud the light to shine straight down. 5. There is no foreseeable reason why traffic should increase as a result of replacing our old kennels with a new building. 6. After construction of our new building, our percentage acreage under concrete will increase from 2% to 5%. ( from1840 sq. ft. to 5968 sq.ft. in 2.83 acres ) The very slight reduction in our drainage area poses no threat to adjacent properties , but can under extremely wet conditions, be an annoyance to us. REQUEST FOR ADDITIONAL INFORMATION 2/22/2007 Case No.: DDR2007-00045 Comments: I have received and reviewed your application for a Special Use Permit. I have scheduled the Public Hearing for May 8, 2007 at 1:00 pm in the Commissioner's Chambers, 411 N. 5th Street, Shelton, WA, 98584. 1 still need more infomation to address specifically criteria #1, #3, and #5 of the Special Use Permit Application . Please respond to the following questions. 1. How do you plan to minimize the potential noise impact to adjoining property owners? 2. What types of chemicals/cleaners are used at the facility and could they create potential hazardous conditions? 3. How is the bedding/feces from the dog kennels handled and discarded? 4. Will there be outdoor lighting and if so, how do you plan to mitigate the glare? 5. Do you anticipate increased traffic as a result of this proposal? 6. How do you pain to deal with stormwater runoff as a result of the increased impervious surface? These are potential issues that could arise at the hearing and it is best to address them from the start. 2/22/2007 Page 2 of 2 DDR2007-00045 E�kls a 0�---I x • �4K •aa t �� E 4,r k �. y, 1 • Y `!!, 1. 'g� w�'• � f IE. � .. ..) LSsizzi y tw�2. �1k3��E�. is � � b •.< '+� ��u,� 1,r; • � >.:�. ice,,��v}y L���,,r•,y.s#.:.�'"!�'� :'•i � s,"1 ,, ta.i K �� �. �'�f. fig-• •�� t3� .' .+� � ' hy). ��"��u�1.�9� !�`• .." 'S•✓� '�.i �h ��.y�� w 'rk: }'�hr��' � Si• � +Y.+ EY Js,��3.9��4y� 1 _ 4. '''� .8e�r� w t k7 s� c$ � S� f,�*s h. e�`��is� Z• ,'}'i. OL :�j,y,i•��Zxii"t"�r� st'm" • �`4`�gm� tg"`i!�'�r'�.:.�LI�W'�,�iK�`6"3' ' a„un IXt�u• 3r� � !`y'�' r... •. 'TEt t1. iy __ � �._h..: L ^-•,X.4. ,6...,. aai �Y i K Alli jt 'y ass s*xt•'` ' �Y'95� 4 eA us ra e 00 0 I s ; p, NEW EXPANDED EDITION IM HARVEY So MOSKOITZ ...� . and - 0 . . CARL Go LIN DBLO ......... AFFORESTATION See FORESTRY. I AFTERBURNER An air pollution abatement device that removes unde- sirable organic gases through incineration. AGGRESSIVE SOILS Soils that may be corrosive to metallic pipe or tubing. °a .(N J.A.C. 5:21-1.4) AGRARIAN Relating to land,particularly agriculture. AGRICULTURAL A structure on agricultural land designed,constructed, BUILDING and used to house farm implements,livestock,or agri- cultural produce or products grown or raised on the premises. AGRICULTURAL LAND, Land that qualifies for a rating as Class 1 in the U.S. PRIME Department of Agriculture (USDA) Soil Conservation Service land-use capability classification. Comment: Capability classification is the grouping of soils that shows, in a general way, their suitability for various kinds of farming. It is a practical classification based on limitations of the soils, the risk of damage } when they are used,and the way they respond to treat- ment. Capability classes are designated by roman nu- merals I—VIII. As the numerals increase, they indicate progressively greater limitations and narrower choices for practical use. = The best soils for agricultural use,Classes I and II, are described by the USDA as Class I: Soils that have few limitations that i restrict their use Class 11: Soils that have some limitations that f reduce the choice of plants or require I moderate conservation practices The particular soil types for each class are detailed I in the County Soil Surveys for each state. I AGRICULTURAL See FARM STAND. a MARKET 1 �! AGRICULTURAL The liquid,gaseous,and solid wastes from all types ! POLLUTION of farming,including runoff from pesticides, fertil- izers,and feedlots, erosion and dust from plowing, animal manure and carcasses,and crop residue and debris. I i 15 I TheAlliuStpated Book of II�Y� D01� By HARVEY S. MOSKOWITZ and i CARL G. LINDBLOOM prove building or Comment: Affordable may vary by state. In New`Jer- ing to the eye. : sey, for example, affordable housing for moderate-in� easing" is difficult come households is 80 percent of the median family s had an aesthetic income for a particular area, adjusted for household size were in the"City and with not more than 30 percent of the income used for e World's Colum- rent (including utilities) or 28 percent for purchase (in- 1893. While early cluding principal and interest, condo fees, and insur- etics as the sole ance). The applicable figure for low-income households wer, the shift in is 50 percent of median family income. In Florida, on the e approach. In City other hand, affordable housing is defined as capable of ssociation of sake- being acquired with 30 percent of gross income. ourt noted: "Zon- While affordable housing is most often thought of as ideal whose time subsidized housing, this is not necessarily so. Markel e power." A New housing,meeting low-and moderate-income targets,with 2A.2d 821, 1980) affordability controls in place, may also qualify. , of zoning and ". . Bence." In fact, the AFTERBURNER An air pollution abatement device that removes undesir. (N.J.S.A. 40:55D- able organic gases through incineration. s of the act: "i. To ent through creative AGRARIAN Relating to land, particularly agriculture. ivic design and ar- ; eme Court in Ber- AGRICULTURAL MARKET See FARM STAND. cognized the right of "uty is a valid objec- AGRICULTURAL The liquid, gaseous, and solid wastes from all types o: POLLUTION farming, including runoff from pesticides,fertilizers, an( ate aesthetics, how- feedlots, erosion and dust from plowing, animal manur4 Bards upon which to and carcasses, and crop residue and debris. Plication, particularly mess an area is an AGRICULTURAL SERVICES Establishments primarily engaged in supplying soil prep design control re- aration services, crop services, landscaping, horticul K" the architectural tural services, veterinary and other animal services, an( �administered and judi- farm labor and management services. ;s,and yet not so confin- ession through architec- AGRICULTURE The production, keeping,or maintenance,for sale,lease i 1989, p. 117). Even in or personal use, of plants and animals useful to man As are required in order including but not limited to:forages and sod crops;grain. idvance the standard of and seed crops; dairy animals and dairy products, poul try and poultry products;livestock, including beef cattle [ions focus on sign con- sheep, swine, horses, ponies, mules, or goats or an,, ig and buffering require- mutations or hybrids thereof, including the breeding ani ordinances), and view grazing of any or all of such animals; bees and apiar,, products;fur animals;trees and forest products;fruits c all kinds, including grapes, nuts, and berries; vegetables e means of a low- or nursery,floral, ornamental, and greenhouse products;o efined by state or fed- lands devoted to a soil conservation or forestry manage ment program. See HORTICULTURE. 13 k�viizuui) i ammi yarK-aoopt_a_pet uetter.aoc _ Page 1 SETTLE& JOHNSON P.L.L.c. ATTORNEYS AT LAW ANGLE BUILDING P.O.BOX 1400 SHELTON.WASHINGTON 98584 BENJAMIN H.SETTLE TELEPHONE ROBERT W.JOHNSON (360)426-9728 FAX (360)42&1%2 February 5, 2007 Barb Robinson Barba rr(a)co.mason.wa.us Via E-mail Re: Adopt-A-Pet:COM-2006-00151 and COM2001-00001 Dear Barb: As we discussed, I am helping Adopt-A-Pet through the permitting process for new kennels at their John's Prairie property. By letter dated January 17, 2007, Tammi Clark indicated that the current operation was to be considered a legal non-conforming use. The letter applies restrictions on size that would put Adopt-A-Pet out of operation. We believe that the county should review this permit under essential government services and authorize the proposed construction under a conditional use permit. Adopt-A-Pet is a no-kill animal shelter incorporated as a tax-exempt, non- profit Washington state charitable organization. The organization qualifies as a 501(c)3 corporation under Federal tax laws. The shelter is run by a small group of dedicated volunteers deeply concerned with the plight of suffering homeless animals. Adopt-A-Pet was started in 1979 and has served as Mason County's only no-kill animal shelter. The organization is obligated by its governing documents to provide this public service to the residents of Mason County on a non-profit basis. They services provided include veterinary care with mandatory spay and neutering. WAC 365-195-340(2)(c)states that no comprehensive plan may"directly or indirectly"preclude the siting of an essential public facility. WAC 365-195-340(2)(a)(i) provides in part'[i]n the identification of essential public facilities, the broadest view should be taken of what constitutes a public facility, involving the full range of services to the public provided by government, substantially funded by government, contracted for by government, or provided by private entities subject to public service obligations. (Emphasis Added). See also City of Des Moines v. Puget Sound Regional Council, 98 Wn.App. 23, 846, 988 P.2d 27, 33 (1999). WAC 365- 195-070 provides: "For the purposes of identifying facilities to be subject to the 'essential public facilities'siting process, it is not necessary that the facilities be publicly owned. If the services involved meet a locally accepted definition of public service,the supporting facilities for the services may be included on the list,regardless of ownership." I S2/7/2007)Tammi Clark,-.adopt a2et Letter.doc - Pake 2 —2— February 5, 2007 Recognizing courts recognize that private organizations may operate an essential public facility. In WCHS,Inc.v. City of Lynnwood, 120 Wn.App. 668,671, 86 P.3d 1169, 1170(2004);the court affirmed that a private corporation providing treatment for chemical dependencies was an"essential public facilities." Adopt-A-Pet provides an important public service. Besides the facility operated by the City of Shelton,Adopt-A-Pet is the only available animal shelter in Mason County. When the City's shelter becomes full,Adopt-A-Pet takes their animals. In the past two- years,Adopt-A-Pet has placed 502 dogs into good homes,all of them being spay or neutered which significantly reduces the future population of stray animals. Adopt-A-Pet has received funds that will allow it to significantly upgrade its somewhat dilapidated facility. The first building that has been completed houses offices, storage,worker facilities ant two puppy kennels. They now need to add a 40'x80' building to enclose 16 more kennels under one roof This will replace 11 chain link kennels and will provide a heated area for better health of the animals. Given the nature of an animal shelter and the associated kennels,it is a difficult operation to site. If Mason County were to fulfill this need, it would take substantial tax dollars to support a similar operation. Adopt-A-Pet fulfills all the requirements of an essential public facility and it would be very detrimental to the community to put this operation out of business. Sincerely, Settle & Johnson P.L.L.c Rob ROBERT W. JOHNSON RWJ SETTLE&JOHNSON P.L.L.c. ATTORNEYS AT LAW ANGLE BLDG.-P.O.BOX 1400 SHELTON.WASHINGTON 985U (360)426-9728•FAX(360)426-1W2 CASE INDEX Adopt-A-Pet DDR2007-00045 Index # Date Description 1 Aril 26, 2007 Exhibit 1: Staff Report 2 March 8, 2007 Exhibit 2: Special Use Permit Application 3 March 8, 2007 Exhibit 3: Applicants response to SUP criteria 4 March 8, 2007 Exhibit 4: Site plan 5 March 8, 2007 Exhibit 5: Reference Material submitted by AAP 6 March 9, 2007 Exhibit 6: Notice of Special Use Permit Application and Public Hearin 7 February 22, 2007 Exhibit 7: Planning Department Request for Additional Information 8 March 1, 2007 Exhibit 8: Applicant's Response to Request for Additional Information 9 March 8, 2007 Exhibit 9: Photos submitted by applicant 10 Aril 26, 2007 Exhibit 10: Development Definitions 11 February 5, 2007 Exhibit 11: Letter from Settle &Johnson • Mason County Department of Planning Building 1 * 411 N. 5th Street * P.O. Box 279 Shelton, Washington 98584 * (360) 427-9670 April 26, 2007 TO: Mason County Hearings Examiner FROM: Planning Staff—Tammi Clark RE: Special Use Permit (DDR2007-00045) expansion/replacement of existing dog kennels with a covered facility. STAFF REPORT I. Introduction. This report evaluates a proposal for the replacement of eleven (11) individual chain link dog kennels with one shelter building (3,000 sq. ft. maximum allowed in RR-5 zoning for non-agriculture buildings) incorporating sixteen (16) kennels and one 14' X 20' storage shed. Staff recommends approval of the Special Use Permit as conditioned. II. Applicant. Adopt-A-Pet-- Don Nichols, President. III. Property Location. 940 E. Jensen Road, Shelton, WA 98584. NW1/4, NW1/4, SECTION 32, TOWNSHIP 21 NORTH, RANGE 3 WEST W.M. Parcel # 32132- 22-90002. IV. Project Description. Adopt-A-Pet (AAP) proposes to replace 11 chain link dog kennels with one shelter building incorporating 16 kennels. The proposed structure is 3,200 square feet in size. Per the Mason County Development Regulations 1.04.224 (B), the maximum building size for non-agricultural buildings is 3,000 square feet. According to The Latest Illustrated Book of Development Regulations by Harvey S. Moskowitz and Carl G. Lindbloom (Exhibit 10) an agricultural building is defined as "A structure on agricultural land designed, constructed, and used to house farm implements, livestock, or agricultural produce or products grown or raised on the premises." This building does not meet the definition of an agricultural building. Approval of the Special Use Permit will be conditioned on resizing the building to meet the minimum building size permitted in Rural Residential 5 zoning. The existing kennels will be torn down and removed. One 14' X 20' storage shed will also be constructed. AAP has been providing care and shelter to stray and unwanted dogs for the past 18 years. Adopt-A-Pet DDR2007-00045 1 of 5 x 1 t r Until recently, AAP has been operating as a cottage industry. In 2006 there was a 2-lot subdivision done on the parcel creating a separate lot for the residence and a separate lot for the AAP facilities. The operation of the AAP kennels no longer meets the requirements of a cottage industry. However, a determination was made that this service can be classified as an essential public facility and is a permitted use in Rural Residential 5 zoning with a Special Use Permit. V. Evaluations. A. Characteristics of the site. The parcel is irregular in shape and approximately 2.8 acres in size. It is currently used as a no-kill animal shelter(Adopt-A-Pet). Existing structures on site include a 40' X 40' shop, 11 chain link dog kennels, and a septic system that was installed and approved in July 2006. The property is located off Jensen Road. B. Characteristics of the area. The site is located in an area zoned as Rural Residential 5. Numerous single-family residential units surround the subject parcel. The parcel is buffered by John's Creek along the east property line and then turns west towards the northern property line. The proposal maintains more than a 200' buffer from John's Creek. C. Shoreline Designation. Not Applicable. D. Comprehensive Plan Designation / Zoning. The Mason County Comprehensive Plan designation for the site is Rural and the zoning is Rural Residential 5. Vl. SEPA Compliance. Project is SEPA exempt per WAC 197-11-800 (1)(c)(iii). VII. Other Permits/Approvals. A Notice of Application and Public Hearing (Exhibit 6)was posted on site on March 27, 2007 and in the Mason County Journal to run on March 15, 2007. No public comment has been received to date. Vill. Analysis of Review Criteria. This proposal requires a Special Use Permit due to the requirements of the Mason County Development Regulations, dated February 28, 2006, section 1.04.222 C. Essential Public Facilities are a special use permit required use in areas zoned as Rural Residential 5. The following additional information is required for special use permits to aid in analyzing the request, preparing necessary conditions, and providing consistency with dimensional and performance standards in these and other relevant county regulations. A. Applicable Special Use Review Criteria (Mason County Development Regulations 1.05.044): A Special Use is one which possesses unique characteristics due to size, nature, intensity of use, technological processes involved, demands upon public services, relationship to surrounding lands, or Adopt-A-Pet DDR2007-00045 2 of 5 other factors. Any application for a Special Use permit shall not be approved unless an affirmative finding with regard to each of these criteria is made. See the applicant's answers to these criteria, marked Exhibit 3 and Exhibit 8. 1. Will the proposed use be detrimental to the public health, safety and welfare? Staff Response: No potential detrimental effects have been identified. The kennels have been in operation for the past 18 years with no identified detrimental impacts, either hazardous or objectionable conditions. The kennels do provide a service that keeps stray/unwanted dogs from roaming neighborhoods in Mason County. A six- foot board fence encloses the property on two side along with having a natural vegetated buffer along John's Creek. According to the applicant this is inherently a quiet activity except for about three hours at midday when caretakers are present, then the dogs bark. There have been no complaints submitted to the County regarding excessive noise created by the dogs. 2. Will the proposed use be consistent and compatible with the intent of the Comprehensive Plan? Staff Response: There does not appear to be any conflicts with the County Comprehensive Plan. Essential Public Facilities are those that are typically difficult to site. These facilities are permitted in rural areas with a Special Use Permit. The proposal will not require urban levels of government services. Per the Mason County Comprehensive Plan RU-500 the proposal will be screened (already has existing fencing) from public rights-of-way and adjacent properties. 3. Will the proposed use introduce hazardous conditions at the site that cannot be mitigated through appropriate measures to protect adjacent properties and the community at large? Staff Response: No hazardous conditions are expected as a result of the proposal. There are no unique chemicals used, only laundry soap, dog soap and household bleach. The bedding is washed in the laundry. Except for sleeping areas, kennel floors are covered with cedar chips. The dogs make their deposits in the chips and volunteers scoop up the feces/chip mixture each day and place it in plastic bags for transfer to the county dump. 4. Is the proposed use served by adequate public facilities, which are in place, or planned as a condition of approval or as an identified item in the County's Capital Facilities Plan? Staff Response: The proposal is served by multiple existing public facilities such as power, garbage, roads and fire protection. There is an on-site septic system installed in 2006 and approved by the Environmental Health Department. The Environmental Health Department has already approved the septic and water system for the proposed upgrades. Adopt-A-Pet DDR2007-00045 3 of 5 5. Will the proposed use have a significant impact upon existing uses on adjacent lands? Staff Response: There does not appear to be significant impact upon existing, adjacent land uses. Adjacent land uses are residential. There may be some noise impacts from the dogs barking when the caretakers are present, but no complaints have been filed with the County since the operation began. Having a structure to house the dogs may minimize that noise that currently exists. The outdoor chain-link kennels provide no noise reduction and will be removed upon completion of the proposed project. There is an existing security light on a 20-foot pole that has been on site for about six years. There are only two residences that can see it. No new lighting is proposed. The new structure will only increase the impervious surface from 2% to 5%. The slight reduction the drainage area poses no threat to adjacent properties. Traffic will not increase as this is just replacing current kennel facilities with an updated facility that will house the dogs in one area. The new kennels will include a heated area more conducive to animal health in the winter and the appearance of the new structure will be more pleasing to visitors and neighbors. 6. If located outside an Urban Growth Area, will the proposal result in the need to extend urban services? Staff Response: The proposed expansion to the animal shelter would not result in a need to extend urban services. There are currently existing road access and sanitation facilities for the site. D. Applicable Title 15 Review Criteria: Per section 15.09.050 (C)(1-3), the Hearing Examiner shall review a proposed development according to the following criteria. 1. The development does not conflict with the Comprehensive Plan and meets the requirements and intent of the Mason County Code, especially Title 6, 8, and 16. Staff Response: This development does not conflict with the Comprehensive Plan in that the parcel is zoned Rural Residential 5 and essential public facilities are permitted in all zonings with a Special Use Permit. The proposal meets the intent of the Mason County code, Title 6. The existing sanitation facilities support the proposal. Title 8 and 16 do not apply. The proposal is outside of any stream, shoreline, wetland, or landslide hazard area buffer/setbacks. 2. The development does not impact the public health, safety and welfare and is in the public interest. Staff Response: This development does not impact the public health, safety and welfare. The applicant has demonstrated that the proposal will have Adopt-A-Pet DDR2007-00045 4 of 5 minimal impacts. A safe facility to house stray and unwanted dogs is in the public interest. 3. The development does not lower the level of service of transportation and/or neighborhood park facilities below the minimum standards established within the Comprehensive Plan. Staff Response: The proposal will not lower the level of service of transportation and/or neighborhood park facilities below the minimum standards established within the Comprehensive Plan. IX. Project Analysis: Based upon these policies and regulations, the project conforms to the policies and use regulations of the Mason County Development Regulations and is consistent with the Comprehensive Plan with regards to essential public facilities. X. Conclusions. As designed, the project is consistent with the Mason County Development Regulations. Staff recommends approval based on the following conditions. X. Conditions. 1. The existing chain-link kennels shall be removed within 30 days of final occupancy to allow the ability to securely transfer the dogs to the new facility. 2. Existing vegetation surrounding the kennels shall be maintained as a landscape buffer between adjacent land uses. 3. Provisions for surface/subsurface drainage control must be implemented with new construction or development on site and MUST NOT adversely impact adjacent parcels. Under the requirements of Mason County Stormwater Ordinance, either private ditches and drains will meet requirements of the stormwater ordinance or prior approval will be granted to use an existing utility and drainage easement dedicated for that specific purpose. 4. Prior to building permit approval the applicant will be required to submit a new site plan and building plans showing that the proposed building to meets the maximum 3,000 square foot size for non-agricultural buildings in RR-5 zoning. XI. Choices of Action. 1. Approval of the SUP request. 2. Denial of the SUP request. 3. Conditional approval of the SUP request. 4. Postpone the decision for further information. Adopt-A-Pet DDR2007-00045 5 of 5 Application for special use permit FOR ADOPT-A-PET Mason County, Washington GO Pg0 o-� 5 MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT APPLICATION FOR SPECIAL USE A Special Use is one that possesses unique characteristics due to size, nature, intensity of use, technological processes involved, demands upon public services, relationship to surrounding lands, or other factors. The purpose of this application is to provide for adequate oversight and review of such development proposals, in order to assure that such uses are developed in harmony with surrounding land uses, and in a manner consistent with the intent of the Development Regulations for Mason County; Ordinance No. 82-96. Acceptance of this application by Mason County does not guarantee approval of request. Applicant name AiD V p T_ i1 -p ET Telephone# 3G6) qA7 --s z 9 i o'z- 4 LG-S'd►1 G Mailing address P.o. ROTC KC--L.:1-0N Site address C)4o C .� =�tS�tV CZO�D, SItE�..TU1V Tax Parcel #jg 1 900 0? Legal Description Kam!- 0, .1 SCertuM 3� �ow�tskm Z1, NorrrNr c? Type of Special Use Permit: Communications Tower Accessory Dwelling Unit Oversize Construction Other .DOG SN��,-C On a separate piece of paper, please state your reasons for requesting a Special Use Permit. Be sure to address the following six criteria, your request will be evaluated based on these criteria. 1) Will the proposed use be detrimental to public health, safety, and welfare? 2) Will the proposed use be consistent and compatible with the intent of the Comprehensive Plan? 3) Will the proposed use introduce hazardous conditions, at the site, that can not be mitigated through appropriate measures to protect adjacent properties and the community at large? 4) Is the proposed use served by adequate public facilities, which are in place, planned as a condition of approval or as an identified item in the County's Capital Facilities Plan? Special Use Permit: $1,010.00 - Hearings Examiner: $540.00 Applicant will also be billed for all advertising costs.Acceptance of this application,by Mason County does not guarantee approval. l:\PLANNING\C&RPAC\SPECIALUSE.PER REVISED:4/27/05 1� a cf r t 5) Will the proposed use have a significant impact upon existing uses on adjacent lands? 6) If located outside of an Urban Growth Area, will the proposal result in the need to extend urban services? 7) Please provide a site plan that includes the following: ❑ Indicate Scale and North Arrow ❑ Property line dimensions,easements,and right-of-ways. O The location of all existing and proposed structures.Include square footage of existing and proposed structures. ❑ Setback distance,in feet from all property lines and structures. ❑ Existing and proposed road access to and from the site. ❑ Parking sites ❑ Location of on-site sewage tanks and drainfields. ❑ Location of drinking water supply.Include location on the proposed site and surrounding parcels. ❑ Steep bluffs,wetlands,streams,and bodies of water ❑ Location of fire hydrants and emergency vehicle access roads,including grade. ❑ Surface and storm water run-off routes. Applicant(s) signature ► Pao—F,5 M V=_NT FOCI �n OPT--.f�-PST Special Use Permit: $1,010.00 - Hearings Examiner: $540.00 Applicant will also be billed for all advertising costs.Acceptance of this application,by Mason County does not guarantee approval. 1:\Pl_.ANNING\C&RPAC\SPECIAI..l1SE.PER REVISED:04/27/05 b-m,t t4 , -; e 5 FOR VARIANCE REQUEST Publication cost is the responsibility of the applicant. Final permit processing will not occur until advertising fees have been paid to the newspaper by the applicant. The Shelton-Mason County Journal will bill the applicant directly. I /WE understand that I/WE must sign and date the attached acknowledgment indicating and that I/WE understand that is MY/OUR responsibility. I/WE must submit the signed page as part of application in order for it to be considered as complete. DATE 6T7Y-,q- (7,5 T- OWNER APPLICANT IDaAj Q'*_tio S, (2&s \\CLUSTER] HOME, SERVER\HOME\COMMON\PLANNING\PAC\VARIANCES\Mason C'ounty Variance app-doc LIST OF ADJACENT PROPERTY OWNERS WITHIN 300 FEET OF YOUR PROPERTY BOUNDARIES FOR VARIANCE REQUEST Addresses are to be obtained from the Mason County Assessor's Office, Bldg. 1, Second Floor. At.,%- pJn>2cE%... Nos HAVE. MRCrat 'z390oca w r,�NS�RG� KArgK Sfi046 8miftm PL. 6 Fb M4--Mw/ MaC aL. z39 0 d 1 -40 w Sw M^%1"M 4 CARtA P 4 BOX 20 t8 , S NeU-710 N V4 MC Eh., Z-12`Y 00 TO .7aL0jjG 't 7 oMAS 9S`7 � �tNSEN FZD., �fEEr<.TotJ F/A ftGEL. ZZ aw t 0 .5c 1.d,-EG, 139A.s c M 4 t4A to c,.y J Grw S a:&-) Ft70. S"Q LTaLr' �/t7R.0 v-L. Z 29 OoSi L.Ye t, BARSPIPMA '�'Rrz.CficL 2290©0! sAL - ct„o u FOCES KOWO Tom 4 G60fz6frl M^161 Iv& A X!»z6—*-% ftl I St+t UrON 8j E SaEL»'i7t r-s" A40P+ A-PC-f- ShGt+nn WA K'LUSTER1 HOME SERVER\HOME\COI\IAION\PLANNING\PAC\i'ARIe\NCES\1\4ason CountyVariance app_doc ► � vl Application for special use at 940 E Jensen road: At the subject site, Adopt-A-Pet proposes to replace 11 individual chain link dog kennels with one shelter building incorporating 16 kennels. The existing kennels will be torn down and removed , thereby greatly enhancing the overall appearance of the property. For the past 18 years at this site, AAP has been providing care and shelter to stray and unwanted dogs collected from all over Mason County. Our operation has not been detrimental to public health, safety and welfare, and In a broad sense may be construed as having enhanced these issues. In our 18 years of operation, no hazardous or objectionable conditions have ever arisen. Further, it Is believed that our shelter provides a service essential to the public and therefore falls well within the comprehensive plan of Mason County. We are adequately served by existing public facilities such as power, garbage, roads and fire protection. In addition, we have our own approved well as a supply of potable water as well as an approved septic system installed in 2006. Jensen road, on which we are located, is a County road and provides ready access to the public as well as for emergency vehicles. We neither seek nor receive any public funds to conduct our operations. For Adopt-A-Pet by, Don Nichols, President > , 05 w w O u w r <n f CDO Oafs I 0 , - QO N>_' O fl LL. I J Q LU Lu cn o O t-- -j < z / w O a d // I Q co d n -- I O Q w j U a p}-Ouu--. a �JWQ'� t0 U)LL CO Z Z cv \ FUJ I N w LL N > LLJ co 0 Z a # \\ I d Q W U _ c F- F- � � [r � tr u) ILL amz wt9 I Z.A I 8 r t t t t Y 06 i fa UUJ� S co � > t a � I 1 I j � I zzo z 2 M �Pl? VED Z ll� Zz0 a DEPT 0 Z � Y Q �\ UL - 0006 Ul ez � Q > ---- w D I 1_ Q F-' 0 r_. 1"C H I V v .� SCALE 2200031 22. -� 2290041 Sp 1 768 2290040 \ 2200 030 90054 H 2200010 22 9005 --5 r S P 884 "y"ll 22 A SCC.L<.E G 90052 n 22 90051 j000i 22c0020 S 161142 g I I �r_N 114 23 90002 2390001 c3��4 2�3 q c S P 2253 J 2390003 23 90014 0 .59 m a 2390013 U' n- � 23900041 k- 0 23 _ m 2390012 p °0 3290111 } DeOc r 7 M z J Sp ?267 ~ 0 m 2390011 z D33 F- 3290112 -? 90113 32 90094 L c o { 3290093 ` 3/ w � 3 9 `D w 3290092 1? 3290114 3� ry •,� Sp 2263 BLA 97-31 Y - � `-JENSEN-- RD =ate v o c. � - 3200000 cli V) N SP 2272 BLA 97-31 ZI r S 17/209 -' w 3200050 m I 32 OW30 r _ ml �. A p REFERENCE MATERIAL Adopt-A-Pet as an essential public facility------------- Adopt-A-Pet has been functioning in Mason County at our current location since 1988 . Our mission is, and has been to rescue stray and homeless dogs and shelter them until we can find caring homes for them. We provide veterinary care which includes spay and neutering, along with treatment of any special conditions. This sometimes includes some rather sad evidence of abuse. We are a no-kill shelter and keep the animals as long as it takes to find a suitable home. We include in our care a socializing period each day for each dog where they are allowed to run free in a large area and play. For some dogs, this is important to their integration into a new family. We carry out our activities with an all volunteer staff. We're funded solely by donations. and the monthly income of a thrift shop in downtown Shelton. Included in our donations are contributions we suggest to adopters in an amount to cover our average expense of care. We also have a couple of fund raisers each year, one of which is the Oysterfest. We have been granted status as a 501 (c) (3) organization by the IRS, and the state also recognizes us as a non-profit tax-free corporation. Since 1988, we have found homes for over 3000 dogs . Since they have all been spay or neutered , we have significantly reduced the future population of strays. On an average of 10 to 12 times a year we have accepted county and city strays dogs from the Shelton shelter that would otherwise have been euthanized. We do what we do out of a sincere empathy for the animals. It is clear that if the county were inclined to fulfill our mission at the same level of care, it would involve significant expense to the taxpayer. Compassionate care of animals is not a budgetary priority. Owing to a bequest from a generous supporter, we have been able to purchase the property which we formerly leased up until the time the owners passed away. These funds also make it possible to provide a much needed upgrade to our somewhat dilapidated facility. The first building has been completed which houses storage, office worker facilities and two puppy kennels. We now need to add a 40'x80' building to enclose 16 more kennels all under one roof. These will replace 11 chain link kennel enclosures which we now have and which will be torn down and removed. Each of the new kennels will include a heated area more conducive to animal health in the winter, and provide the luxury of unfrozen water buckets! The appearance of our new buildings will be more pleasing to visitors and neighbors. In view of the foregoing and in the opinion of the writer we deserve a designation which will allow us to upgrade and continue our service to Mason County. Don Nichols, President Adopt-A-Pet February 1st, 2007 r� ��eorz coa��A MASON COUNTY Shelton (360) 427-9670 DEPARTMENT OF COMMUNITY DEVELOPMENT Belfair (360) 275-4467 Planning Elma (360) 482-5269 Mason County Bldg.1 411 N.5th P.O.Box 279 Shelton,WA 98584 BSf NOTICE OF APPLICATION FOR SPECIAL USE PERMIT AND NOTICE OF PUBLIC HEARING Notice is hereby given that Adopt-A-Pet has filed an application for a Special Use Permit number DDR2007-00045 to replace eleven chain link dog kennels with one shelter building incorporating 16 kennels and a storage shed. This permit is required because of the requirements of the Mason County Development Regulations, Section 1.04.222 (C) for essential public facilities as a permitted use in Rural Residential 5 zoning with a Special Use Permit. The proposal must meet the decision criteria of section 1.05.044 for approval. Site Address and Project Location: 940 E.Jensen Road,Shelton,WA 98584 Parcel Number: 32132-22-00000 Date of Application: March 8,2007 A PUBLIC HEARING will be held by the Mason County Hearings Examiner regarding the proposed project on May 8, 2007 at 1:00 p.m. in the Commissioner's Chambers Building I, 411 North Fifth Street, Shelton, WA. If special accommodations are needed, contact the Commissioner's Office, (360)427-9670. Any person desiring to express their views or to be notified of the action taken on the application should come to the public hearing or mail comments to Tammi Clark, Mason County Dept. of Community Development,PO Box 279, Shelton, WA 98584. Please call (360) 427-9670 ext. 295 with any questions regarding this permit application The proposal is SEPA exempt per WAC 197-11-800 (1)(c)(iii). C,oN-STATFo MASON COUNTY o P A o N DEPARTMENT OF COMMUNITY DEVELOPMENT Y S N ? Planning Division y7 N y Y P O Box 279, Shelton, WA 98584 0� �0 1864 (360)427-9670 REQUEST FOR ADDITIONAL INFORMATION February 22, 2007 ADOPT A PET PO BOX 1594 SHELTON WA 98584 Parcel No.: 321322290002 Project Description: Special Use Permit to construct dog kennels as an essential public facility. Dear Applicant: You have submitted a permit application (case no. DDR2007-00045) for proposed construction or development in the county. Upon review of your application, I require additional information to complete the permit review process. Therefore, review of your application will not proceed until the necessary information is provided (see the comment section of this letter for details.) Once the information is submitted and the application is complete, I will continue to process your application accordingly. If the additional information is not provided to the County within 180 days of this request, the application shall expire and no further action on the proposed development shall take place. Please contact me at (360) 427-9670, ext. 295 if you have questions. jSirely, C1 Tammi Clark Land Use Planner Mason County Planning Department 2/22/2007 Page 1 of 2 DDR2007-00045 REQUEST FOR ADDITIONAL INFORMATION 2/22/2007 Case No.: DDR2007-00045 Comments: I have received and reviewed your application for a Special Use Permit. I have scheduled the Public Hearing for May 8, 2007 at 1:00 pm in the Commissioner's Chambers, 411 N. 5th Street, Shelton, WA, 98584. 1 still need more infomation to address specifically criteria #1, #3, and #5 of the Special Use Permit Application . Please respond to the following questions. 1. How do you plan to minimize the potential noise impact to adjoining property owners? 2. What types of chemicals/cleaners are used at the facility and could they create potential hazardous conditions? 3. How is the bedding/feces from the dog kennels handled and discarded? 4. Will there be outdoor lighting and if so, how do you plan to mitigate the glare? 5. Do you anticipate increased traffic as a result of this proposal? 6. How do you paln to deal with stormwater runoff as a result of the increased impervious surface? These are potential issues that could arise at the hearing and it is best to address them from the start. 2/22/2007 Page 2 of 2 DDR2007-00045 Response: 1. A six foot board fence encloses the property on two sides. This is inherently a quiet activity except for about three hours at midday when caretakers are present; Then the dogs bark. 2. We use no unique chemicals; Only laundry soap, dog soap and household bleach. 3. Bedding is washed in our laundry. Except for sleeping area, kennel floors are covered with cedar chips. The dogs make their deposits in the chips and volunteers scoop up the poop/chip mixture each day and place it in plastic bags for transfer to the county dump. 4. We have had a security light on a 20 ft. pole for about six years . There are only two residences that can see it. If some one objects, we'll shroud the light to shine straight down. 5. There is no foreseeable reason why traffic should increase as a result of replacing our old kennels with a new building. 6. After construction of our new building, our percentage acreage under concrete will increase from 2% to 5%. ( from1840 sq. ft. to 5968 sq.ft. in 2.83 acres ) The very slight reduction in our drainage area poses no threat to adjacent properties , but can under extremely wet conditions, be an annoyance to us. REQUEST FOR ADDITIONAL INFORMATION 2/22/2007 Case No.: DDR2007-00045 Comments: I have received and reviewed your application for a Special Use Permit. I have scheduled the Public Hearing for May 8, 2007 at 1:00 pm in the Commissioner's Chambers, 411 N. 5th Street, Shelton, WA, 98584. 1 still need more infomation to address specifically criteria #1, #3, and #5 of the Special Use Permit Application . Please respond to the following questions. 1. How do you plan to minimize the potential noise impact to adjoining property owners? 2. What types of chemicals/cleaners are used at the facility and could they create potential hazardous conditions? 3. How is the bedding/feces from the dog kennels handled and discarded? 4. Will there be outdoor lighting and if so, how do you plan to mitigate the glare? 5. Do you anticipate increased traffic as a result of this proposal? 6. How do you pain to deal with stormwater runoff as a result of the increased impervious surface? These are potential issues that could arise at the hearing and it is best to address them from the start. 2/22/2007 Page 2 of 2 DDR2007-00045 4L •y� � w �r .......... ILI . .......... •+t. :: 1 it � `�"'t a V s. I I iJ i i r, _ J �./ �R. ' � '�S'_.r.rs Icy � t/•a„'.� C�� - .:r� .. , '� �g� ♦ �`t is 1 r. I• �. r I • - ,7S Y{I'y��I�I1�� ���� 1•�. Isao�..�—• lam"`— � �.. � �a t �15u 21 ��� 7�yC' d� - .. A '{�� Y h 1 �f- �q���FTe�IA'�f ✓�k��i7���'"^ < ��'��Yf�} (l� <�. �.N�.a e ra Y .+'+.iy.., 7-a{!� iY, �` � �i'-t�dn 1X'iee'•I `tT'• S '� £ �,�e S r�Ek.�``Iiy' ,fi2'rs. �.; 1� ,r, E '�"�� "�s,,�n�'� 't, � may ...y v l � �r-� �:;�y�• +�+,���`� '1 A I �s•'fi � a n. t3,���' R''S AF, R pa� a VI�TA_ dy �� �3,� Y� .yy � tit ` .r• y ) / RFA ic R � A _y 4 F �P:,.YL'.'�w9�.� ,mot• � �� � � rt. •1 6 Y,z T i it e eA us r ed Book of NEW EXPANDED EDITION H y S. MOSKO z . andom A G. LINDBLOOM i I AFFORESTATION See FORESTRY. I AFTERBURNER An air pollution abatement device that removes unde- sirable organic gases through incineration. ti AGGRESSIVE SOILS Soils that may be corrosive to metallic pipe or tubing. (N J.A.C. 5:21-1.4) ` AGRARIAN Relating to land,particularly agriculture. }_ AGRICULTURAL A structure on agricultural land designed,constructed, { BUILDING and used to house farm implements,livestock,or agri- cultural produce or products grown or raised on the i premises. i AGRICULTURAL LAND, Land that qualifies for a rating as Class I in the U.S. PRIME Department of Agriculture (USDA) Soil Conservation Service land-use capability classification. Comment: Capability classification is the grouping of i soils that shows, in a general way, their suitability for various kinds of farming. It is a practical classification based on limitations of the soils, the risk of damage } when they are used,and the way they respond to treat- ment. Capability classes are designated by roman nu- merals I—VIII.As the numerals increase, they indicate progressively greater limitations and narrower choices ti for practical use. The best soils for agricultural use,Classes I and II, are described by the USDA as j Class I: Soils that have few limitations that i restrict their use t Class 11: Soils that have some limitations that reduce the choice of plants or require moderate conservation practices The particular soil types for each class are detailed i( in the County Soil Surveys for each state. l AGRICULTURAL See FARM STAND. { MARKET I AGRICULTURAL The liquid,gaseous,and solid wastes from all types I POLLUTION of farming,including runoff from pesticides,fertil- izers, and feedlots, erosion and dust from plowing, animal manure and carcasses,and crop residue and i debris. I i i 15 TheAlliuStpattid Book of By HARVEY S. MOSKOWITZ and CARL G. LINDBLOOM prove building or Comment: Affordable may vary by state. In New Je;- ing to the eye. sey, for example, affordable housing for moderate-ir� easing" is difficult come households is 80 percent of the median family s had an aesthetic income for a particular area, adjusted for household size were in the"City and with not more than 30 percent of the income used for e World's Colum- rent (including utilities) or 28 percent for purchase (in- Y893. While early cluding principal and interest, condo fees, and insur- ics as the sole ance). The applicable figure for low-income household,,; et wer, the shift in is 50 percent of median family income. In Florida,on the approach. In City other hand, affordable housing is defined as capable of sociation of sake- being acquired with 30 percent of gross income. court noted: "Zon- While affordable housing is most often thought of w ideal whose time subsidized housing, this is not necessarily so. Markel e power." A New housing, meeting low-and moderate-income targets,witt p affordability controls in place, may also qualify. p2,A.2d 821, 1980) of zoning and ". , , Bence." In fact, the AFTERBURNER An air pollution abatement device that removes undesir• (N.J.S.A. 40:55I3- able organic gases through incineration. s of the act: "i. To ent through creative AGRARIAN Relating to land, particularly agriculture. ivic design and ar- "reme Court in Ber- AGRICULTURAL MARKET See FARM STAND. cognized the right of ty is a valid objec- AGRICULTURAL The liquid, gaseous, and solid wastes from all types o POLLUTION farming, including runoff from pesticides,fertilizers, an( gt late aesthetics, how- feedlots, erosion and dust from plowing, animal manur4 "dards upon which to and carcasses, and crop residue and debris. Pcation, particularly Unless an area is an AGRICULTURAL SERVICES Establishments primarily engaged in supplying soil prep design control re- aration services, crop services, landscaping, horticul the architectural tural services, veterinary and other animal services, an( —administered and judi- farm labor and management services. and yet not so confin- ession through architec- AGRICULTURE The production,keeping,or maintenance,for sale,lease i 1989, p. 117). Even in or personal use, of plants and animals useful to man 'ds are required in order including but not limited to:forages and sod crops;grain idvance the standard of and seed crops; dairy animals and dairy products, poul try and poultry products;livestock, including beef cattle lions focus on sign con- sheep, swine, horses, ponies, mules, or goats or an, ig and buffering require- mutations or hybrids thereof, including the breeding am ordinances), and view grazing of any or all of such animals; bees and apiary products;fur animals;trees and forest products;fruits o all kinds, including grapes, nuts, and berries;vegetables e means of a low- or nursery,floral, ornamental, and greenhouse products;o efined by state or fed- lands devoted to a soil conservation or forestry manage ment program. See HoRTicULTURE. 13 Ilziiizuui i ammi Liam -aaopt a pet uetter.aoc Page 1 SETTLE& JOHNSON P.L-L.c. ATTORNEYS AT LAW ANGLE BUILDING P.O.BOX 1400 SHELTON.WASHINGTON 98584 BENJAMIN H.SETTLE TELEPHONE ROBERT W.JOHNSON (360)426-9728 FAX (360)426-1902 February 5, 2007 Barb Robinson BarbarrCcDco.mason.wa.us Via E-mail Re: Adopt-A-Pet:COM-2006-00151 and COM2001-00001 Dear Barb: As we discussed, I am helping Adopt-A-Pet through the permitting process for new kennels at their John's Prairie property. By letter dated January 17, 2007, Tammi Clark indicated that the current operation was to be considered a legal non-conforming use. The letter applies restrictions on size that would put Adopt-A-Pet out of operation. We believe that the county should review this permit under essential government services and authorize the proposed construction under a conditional use permit. Adopt-A-Pet is a no-kill animal shelter incorporated as a tax-exempt, non- profit Washington state charitable organization. The organization qualifies as a 501(c)3 corporation under Federal tax laws. The shelter is run by a small group of dedicated volunteers deeply concerned with the plight of suffering homeless animals. Adopt-A-Pet was started in 1979 and has served as Mason County's only no-kill animal shelter. The organization is obligated by its governing documents to provide this public service to the residents of Mason County on a non-profit basis. They services provided include veterinary care with mandatory spay and neutering. WAC 365-195-340(2)(c)states that no comprehensive plan may"directly or indirectly"preclude the siting of an essential public facility. WAC 365-195-340(2)(a)(i) provides in part"[i]n the identification of essential public facilities, the broadest view should be taken of what constitutes a public facility, involving the full range of services to the public provided by government, substantially funded by government, contracted for by government, or provided by private entities subiect to public service obligations. (Emphasis Added). See also City of Des Moines v. Puget Sound Regional Council, 98 Wn.App. 23, 846, 988 P.2d 27, 33 (1999). WAC 365- 195-070 provides: "For the purposes of identifying facilities to be subject to the 'essential public facilities'siting process, it is not necessary that the facilities be publicly owned. If the services involved meet a locally accepted definition of public service,the supporting facilities for the services may be included on the list,regardless of ownership." (2/7/2007)Tammi Clark-adopt a2et Letter.doc Pa e 2 —2— February 5, 2007 Recognizing courts recognize that private organizations may operate an essential public facility. In WCHS,Inc.v. City of Lvnnwood, 120 Wn.App. 668,671, 86 P.3d 1169, 1170(2004);the court affirmed that a private corporation providing treatment for chemical dependencies was an"essential public facilities." Adopt-A-Pet provides an important public service. Besides the facility operated by the City of Shelton,Adopt-A-Pet is the only available animal shelter in Mason County. When the City's shelter becomes full,Adopt-A-Pet takes their animals. In the past two- years,Adopt-A-Pet has placed 502 dogs into good homes,all of them being spay or neutered which significantly reduces the future population of stray animals. Adopt-A-Pet has received funds that will allow it to significantly upgrade its somewhat dilapidated facility. The first building that has been completed houses offices, storage,worker facilities ant two puppy kennels. They now need to add a 40'x80' building to enclose 16 more kennels under one roof. This will replace 11 chain link kennels and will provide a heated area for better health of the animals. Given the nature of an animal shelter and the associated kennels,it is a difficult operation to site. If Mason County were to fulfill this need,it would take substantial tax dollars to support a similar operation. Adopt-A-Pet fulfills all the requirements of an essential public facility and it would be very detrimental to the community to put this operation out of business. Sincerely, Settle & Johnson P.L.L.c Rob ROBERT W. JOHNSON RWJ SETTLE&JOHNSON P.L.L.c. ATTORNEYS AT LAW ANGLE BLDG.•P.O.BOX 1400 SHELTON.WASHINGTON 98584 (360)42&9728•FAX(380)426-1902 �- MASON COUNTY PLANNING DEPARTMENT Mason County Building.1 411 N. Sth St. P.O. Box 678 Shelton,WA 98584 (360) 427-9670 FAX (360) 427-8426 LAND,USE PLANNING SHORELINES CODE ENFORCEMENT FIRE PROTECTION PLANNING TO: THE MASON COUNTY JOURNAL FROM: MASON COUNTY PLANNING DEPARTMENT STAFF DATE: Please publish the attached h L,C C �✓ cS T� an0( On the following day(s) Please keep the Affidavit of Publication for the Mason County Planning Department to pick up from your office and send 1 copies to the following: 01 Y - P r - rX 151q Sbfkh h ]A 9958 q Please send a bill for publication costs to: Thank you, Mason County Planning Staff �g0N copes MASON COUNTY Shelton (360) 427-9670 DEPARTMENT OF COMMUNITY DEVELOPMENT Belfair (360) 275-4467 Planning _ Mason County Bldg. 1 411 N.5th Elma (360) 482-5269 P.O.Box 279 Shelton,WA 98584 1854 NOTICE OF APPLICATION FOR SPECIAL USE PERMIT AND NOTICE OF PUBLIC HEARING Notice is hereby given that Adopt-A-Pet has filed an application for a Special Use Permit number DDR2007-00045 to replace eleven chain link dog kennels with one shelter building incorporating 16 kennels and a storage shed. This permit is required because of the requirements of the Mason County Development Regulations, Section 1.04.222 (C) for essential public facilities as a permitted use in Rural Residential 5 zoning with a Special Use Permit. The proposal must meet the decision criteria of section 1.05.044 for approval. Site Address and Project Location: 940 E. Jensen Road, Shelton, WA 98584 Parcel Number: 32132-22-00000 Date of Application: March 8, 2007 A PUBLIC HEARING will be held by the Mason County Hearings Examiner regarding the proposed project on May 8, 2007 at 1:00 p.m. in the Commissioner's Chambers Building I,411 North Fifth Street, Shelton, WA. If special accommodations are needed, contact the Commissioner's Office, (360) 427-9670. Any person desiring to express their views or to be notified of the action taken on the application should come to the public hearing or mail comments to Tammi Clark, Mason County Dept. of Community Development, PO Box 279, Shelton, WA 98584. Please call (360) 427-9670 ext. 295 with any questions regarding this permit application The proposal is SEPA exempt per WAC 197-11-800 (1)(c)(iii). CoD� MASON COUNTY Shelton (360) 427-9670 DEPARTMENT OF COMMUNITY DEVELOPMENT Belfair (360) 275-4467 Planning Mason County Bldg.1 411 N.5th Elma (360) 482-5269 P.O.Box 279 Shelton,WA 98584 1 54 NOTICE OF APPLICATION FOR SPECIAL USE PERMIT AND NOTICE OF PUBLIC HEARING Notice is hereby given that Adopt-A-Pet has filed an application for a Special Use Permit number DDR2007-00045 to replace eleven chain link dog kennels with one shelter building incorporating 16 kennels and a storage shed. This permit is required because of the requirements of the Mason County Development Regulations, Section 1.04.222 (C) for essential public facilities as a permitted use in Rural Residential 5 zoning with a Special Use Permit. The proposal must meet the decision criteria of section 1.05.044 for approval. Site Address and Project Location: 940 E. Jensen Road, Shelton,WA 98584 Parcel Number: 32132-22-00000 Date of Application: March 8, 2007 A PUBLIC HEARING will be held by the Mason County Hearings Examiner regarding the proposed project on May 8, 2007 at 1:00 p.m. in the Commissioner's Chambers Building I, 411 North Fifth Street, Shelton, WA. If special accommodations are needed, contact the Commissioner's Office, (360)427-9670. Any person desiring to express their views or to be notified of the action taken on the application should come to the public hearing or mail comments to Tammi Clark, Mason County Dept. of Community Development, PO Box 279, Shelton, WA 98584. Please call (360) 427-9670 ext. 295 with any questions regarding this permit application The proposal is SEPA exempt per WAC 197-11-800 (1)(c)(iii). (n -u � om > � 0DN D 4 z to `O n °° OD m O OD Z C I Z O n O C Z1-4 v r., r ! M � m azo i (2/9/2007) Barbara Robinson -ATTORNEY/CLIENT PRIVILEGE MATERIAL RE: Animal Shelter Page 1 From: TJ Martin To: Barbara Robinson Date: 2/9/2007 10:19 AM Subject: ATTORNEY/CLIENT PRIVILEGE MATERIAL RE: Animal Shelter Barbara, Here's what I came up with regarding the Animal Shelter issue: Mason County could identify animal shelters as essential public facilities,but that result is not dictated by statute. The relevant statute,RCW 36.70A.200 provides: "Essential public facilities include those facilities that are typically difficult to site,such as airports,state education facilities and state or regional transportation facilities as defined in RCW 47.06.140, state and local correctional facilities,solid waste handling facilities,and in-patient facilities including substance abuse facilities,mental health facilities,group homes,and secure community transition facilities as defined in RCW 71.09.020." While an animal shelter might be considered"typically difficult to site,"I don't think they necessarily rise to the level of siting difficulty as the types of facilities identified in the above statute do. So,the county has discretion here as to whether it identifies animal shelters as essential public facilities in its comprehensive plan and/or development regulations. I found only one jurisdiction that specifically does- Bothell (see Bothell Municipal Code,Sec. 12.06.080 ("Essential public facilities"), includes,"Public agency animal control facilities"- http://www.mrsc.org/mc/bothell/Titlel2/Bothel l2O6.html#12.06.080). I would think that animal shelters would be easier to site in a county. Ultimately,I believe the issue is one to be made at a policy-level since arguably,from a legal standpoint,arguments could be made both ways. I hope this information is of help. Teej Mason County Deputy Prosecutor P.O. 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