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HomeMy WebLinkAboutDDR2009-00053 Hearing - DDR Letters / Memos - 8/31/2009 August 31, 2009 Notice of Decision Case: DDR2009-00053 Applicant: Pacific Northwest Salmon Center Notice is hereby given that Pacific Northwest Salmon Center, who is the applicant for the above-referenced Mason County Special Use Permit, has been granted approval of that Special Use Permit. The request was reviewed on August 11, 2009 by the Mason County Hearing Examiner and approved pursuant to the Mason County Title 1.05.044 Special Use Permit review, specifically to establish an educational learning center on two parcels (24 acres) of designated Agricultural Resource Lands near the Belfair Urban Growth Area. The proposal was subject to SEPA review per WAC 197-11-800 (1). 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 clarification on these issues, please contact Allan Borden, Senior Planner with Mason County Dept. of Community Development at 360-427-9670 x365. H9WORMPermit Reviews\Decision coversheet.doc BEFORE THE HEARING EXAMINER FOR MASON COUNTY 2 U w Phil Olbrechts, Hearing Examiner D 3 Z c 4 RE: Pacific Northwest Salmon Center FINDINGS OF FACT, 5 CONCLUSIONS OF LAW AND Special Use Permit#DDR2009-00053 FINAL DECISION 6 7 INTRODUCTION 8 The applicant has requested a Special Use Permit in order to convert an existing 9 residence into classroom space and an existing bam into office space for purposes of public education on endangered fish. The Examiner approves the application subject 10 to the conditions recommended in the staff report. I I ORAL TESTIMONY 12 Allen Borden—Mason County Staff 13 Mr. Borden began by entering Exhibit 13, a Department of Ecology Letter dated 14 August 4, 2009; Exhibit 14, a letter from Greg Landrom dated August 10, 2009; and Exhibit 15, an email from the Hearing Examiner on August 8, 2009. Mr. Borden 15 stated that he believed that the project met the requirements for the special use permit, but voiced concerns regarding the SEPA review. The concern involved not knowing 16 the full scope of the proposal; essentially that not all elements of the project were 17 reviewed under the SEPA checklist, thus not producing a fully accurate determination. Specifically Mr. Borden had concerns about a grant (Ex. 12) the 18 Hood Canal Salmon Enhancement Group has applied to fund a wetland restoration project on an adjoining parcel. This project would restore some prime salmon 19 habitat. The SEPA review did not include the wetland restoration project. Mr. Borden noted that a SEPA review is intended to review the full scope of a project, not 20 just individual phases. His desire was for the Hearing Examiner to remand the case 21 back to the applicant, to provide all of the necessary information regarding the full extent of the project. However, he did point out that it has been asserted that some of 22 the other phases of the project that give rise to concern have not been finalized and may at some point be undertaken by other groups on separate pieces of property. If 23 this were the case, those separate projects would require full permitting and review 24 process, at which point the necessary SEPA review could be undertaken instead. 25 In rebuttal, Mr. Borden addressed the concerns regarding increased impacts of the new use of the site. Cumulative impact effect is a subjective review, and there is no standard rule for review of potential use of land usage when transferring from purely agricultural uses to educational facilities on those lands. In regards to further Special Use Permit P. 1 Findings, Conclusions and Decision �PA0739F71_DOC;1 A 13009.900000A) environmental review regarding further development associated with the land or I project, the review that will be required upon any further proposed usage would be 2 sufficient to move on with the current SEPA review. Additionally, he believes that separate SEPA reviews can be done for this project and the potential watershed 3 restoration project, because they are on separate properties and are not part of the same plan. 4 David Mann—Attorney for Pacific Northwest Salmon Center 5 6 Mr. Mann began by giving a brief overview of the project. There are currently two aspects of the project: the first is to convert a current barn on site to a classroom 7 space, and the second is to convert the current residence to office space. These are the only aspects of the project at this time, and the farm land will remain farmed. In 8 regard to Exhibit 12, a grant from the Hood Canal Salmon Enhancement Group for some work on the adjacent property, the project could or could not happen, but is 9 more of a long-term proposal rather than a planned aspect of the current proposal for 10 the Salmon Center. Even if the project does happen, the projects are not interdependent, in that one can proceed without the other. And the current plan of t I altering the current structures has no relation to the other plan, which is no more than a long-range proposal. 12 In his rebuttal, Mr. Mann addressed Mr. Van Buskirk's comments. He believes that 13 much of the concerns are a result of confusion regarding the extent of the project and 14 continued use of the property as agricultural farm. The project will not include parking lots, overnight accommodations, or anything beyond the renovations of the 15 two buildings that have been proposed. Unfortunately the other ideas were prior possibilities that ended up on a public website that have only caused confusion for the 16 public regarding the actual intended use of the property. In regards to what is allowed for agricultural uses and what has been done in the past, the letter from Mr. Johnson 17 goes into detail in that regard. As to what he believes are uses allowed by the Mason 18 County Code, the proposal is essentially maintaining past uses and stays well below the level of uses that appear to be allowed. There has also been traffic analysis 19 completed, and it is possible that approximately four more vehicle trips would be made a day. But it is also important to evaluate that the farm will be used in a much 20 more environmentally sustainable manner, and in that sense will have a lower impact 21 than the past use. 22 Fred Barrett—President of Pacific Northwest Salmon Center 23 Mr. Barrett Entered Exhibit 16, four 8 X 10 photos, and Exhibit 17, a letter from Jack Johnson. Mr. Barrett gave the background of the Pacific Northwest Salmon center, 24 regarding their role in the community and environmental stewardship, specifically 25 pertaining to sustainable salmon farming. He also gave a brief overview of the proposal, and the future use of the site as an educational facility for children, from elementary through high school, college research organizations, and the community, as well as office space for the organization. Additionally, the farm will be maintained Special Use Permit p. 2 Findings, Conclusions and Decision (PA0739871.DOC;1 A13009.900000A as a demonstration of agricultural best practices and will be maintained as a farm. I For clarification, the Hood Canal Salmon Enhancement Group is a separate entity 2 from the Pacific Northwest Salmon Center, and the dike grant project they have proposed is completely separate from the current project. The written testimony from 3 Mr. Johnson, the prior owner of the property, demonstrates the history of the farm in the past as a source of educational and outdoor experience for generations of children, 4 as well as outdoor enthusiasts that travel the trails along the property. Mr. Mann Barrett also urges approval of the application and believes that their use of the 5 property would produce less impact on the land than traditional agricultural practices. 6 Mr. Barrett reconfirmed that many conceptual plans were put forward in the past, but 7 that the only plan for this property is to convert the barn and residence. Unfortunately some of the confusion has arisen because of statements made on public websites 8 regarding prior proposals. 9 Will Langmack—Architect for Pacific Northwest Salmon Center 10 Mr. Langmack prepared the site plan and did the architectural work for proposed 11 conversion. He gave a brief overview of the site, including sizes and proposals for the buildings, access, fire safety, and water supply. Mr. Langmack also stated that 12 other permits will be required for the change of use of the current structures, 13 including building permits. Also, the plan does not include any addition of impervious space on the site. 14 Neil Werner—Hood Canal Enhancement Group 15 Mr. Werner addressed the grant for a dike received in 2008, for property owned by 16 the Washington State Department of Fish and Wildlife. The grant is a standalone I project that is not related to, or reliant upon, the Pacific Northwest Salmon Center on the adjacent property. As part of conceptual planning for the project, all previously 18 proposed designs for the project were presented, although they do not necessarily represent the plans for the site in the future. Additionally, the parking lot that has 19 been mentioned as a parr; of their proposal is not part of any planning for the site and was rather a preliminary plan for the Pacific Northwest Salmon Center that was 20 subsequently abandoned. As such, there is no plan for a parking lot on either site in 21 the future. 22 John Bolender—Mason Conservation District, District Manager 23 Mr. Bolender gave a brief overview of the Mason Conservation District and its history. The group became involved in the project by a request of the Pacific 24 Northwest Salmon Center to assist in addressing the resource opportunities and 25 concerns on the property. The group concluded that the agricultural resources could be changed and increased as a result of altered agricultural practices. It is the opinion of the group that the educational center would have a positive effect on the agricultural practices on the property, in regards to sustainability and agricultural Special Use Permit p. 3 Findings, Conclusions and Decision PA0739871.DOC;1113009.90i)000A) efficiency. Additionally, the proposal will not increase adverse impacts on the I property, but rather would give rise to positive impacts in the community as a result 2 of agricultural education. 3 Ann Whitman—Mary Theler Center Wetlands 4 Ms. Whitman read a statement from the board of her organization. Essentially, the group has trails visited and used by over 200,000 visitors every year. They encourage 5 expansion and cooperation of their trails with other groups and sites, if those 6 partnerships are positive for the environment and the visitors. Although they are not scientists or wetlands specialists, they see a positive impact from the proposed 7 project. 8 Bob Simmons—Director of WSU Mason County Extension Office 9 Mr. Simmons' group encourages and assists people in putting research based 10 knowledge to work in people's everyday lives. The WSU Extension encourages the diversification of the agricultural use of the project, as it will benefit both economic 11 and environmental sustainability of the farm. The group will be available to the Salmon Center for consultation in the future regarding agricultural use of the 12 property, and how best to manage it from that standpoint. Additionally, they believe the project will be beneficial, because it provides a valuable teaching center as well as 13 further public access to existing trails. Overall the project will be beneficial to the 14 County as a whole. 15 Frank Kenny—North Mason County Chamber of Commerce 16 Mr. Kenny relayed the message of the Chamber, and their unanimous vote to support the Salmon Center as a valuable asset to the community. 17 18 Ken Van Buskirk—Neighbor 19 Mr. Van Buskirks believed that the community would benefit from seeing the long- range plan for the project, as well as to be aware of the cumulative impacts of the 20 whole project. His concern regarding the project is that the conceptual plans for the current portion of the project take a significant portion of agricultural land out of 21 commission, and that needs to be taken into consideration. 22 EXHIBITS 23 Exhibit 1: Staff Report dated July 30, 2009 24 Exhibit 2: Application for Special Use & Supplemental Information 25 Exhibit 3: Project Vicinity Plan Exhibit 4: Map of Belfair UGA and Adjacent Area Zoning Exhibit 5: SEPA Exhibit 6: Notice of Application Special Use Permit p. 4 Findings, Conclusions and Decision tPA0739871 DOC I U 3009.900000\ Exhibit 7: Affidavit of Posting I Exhibit 8: Septic Change of Use Justification 2 Exhibit 9: PNWSC Traffic Analysis Exhibit 10: Wetlands Inventory Map 3 Exhibit 11: Comments from Ken Van Buskirk Exhibit 12: Application Materials for State Recovery Funds 4 Exhibit 13: DOE letter dated August 4, 2009 Exhibit 14: Letter from Greg Landrom dated August 10, 2009 5 Exhibit 15: Email from Hearing Examiner to Allen Borden dated August 8, 6 2009 Exhibit 16: Four 8 X 10 photos 7 Exhibit 17: Letter from Jack Johnson Exhibit 18: Email from Hearing Examiner to Allen Borden dated August 12, 8 2009 9 FINDINGS OF FACT 10 Procedural: 11 1. Applicant. The applicant is the Pacific Northwest Salmon Center. 12 2. Hearing. The Hearing Examiner conducted a hearing on the application 13 on August 11, 2009, at 1:00 p.m., in the Mason County Board of Commissioners Meeting Chambers. The Hearing Examiner left the record open for one week to 14 determine if further SEPA review was necessar y, with the understanding that the 15 record may be left open for public comment on any additional SEPA review. The Examiner concluded the next day, August 12, 2009, that no further SEPA review was 16 necessary and closed the record at that time. 17 Substantive: 18 3. Site/Proposal Description. The property consists of two parcels, 24 acres 19 in size, and part of a group of five parcels that have been in agricultural use for many years, and were designated Agricultural Resource Lands in April of 1999 and June of 20 2000 (Exhibit 4). The property is generally flat, with berms, dikes, and roads through the property that have been used to grow and cut hays and grasses as part of the farm. 21 Part of the Mary Theler Trail Center is located to the west. The buildings present on 22 the site are a residence, barn, and outbuildings, wells, and septic systems for the buildings. The applicant proposes converting the 4,460-square-foot residence and the 23 4,227-square-foot barn for educational/classroom space and for offices. The classes will at most be comprised of approximately 30 students. No further renovations or 24 construction are proposed or planned. 25 4 Characteristics of the Area. The Lynch Cove area of Hood Canal is to the west of the subject property. Washington Department of Wildlife lands are to the south, west, and north of the property. The Mary Theler Wetlands Project is located farther to the south and southwest, and its trail alignments are situated to the west of Special Use Permit p. 5 Findings, Conclusions and Decision (PA0739871 DOC;1\13009900000A) the property. Along State Route 3 there is a manufactured home park, church, and I library. Other residential land uses occupy pockets of areas between existing 2 commercial land uses. 3 5. Adverse Impacts of Proposed Use. There is no evidence in the record of any significant adverse impacts. The proposal is for the conversion of two currently 4 existing buildings to serve the functions of the educational resource center. No further construction is to take place as part of the project, including no roads, parking 5 lots, or further structures. Since the classrooms will be limited to about 30 students 6 and the offices will only have a handful of employees, staff has determined that the project will generate 15 pm peak hour trips, which is four more than would be 7 generated by the current land use. See staff report and p. 6 of Ex. 9. Given these factors, the Examiner finds that the project will not create any significant adverse 8 impacts. 9 There appears to be some confusion and/or disagreement on the scope of this project 10 and hence its impacts. The special use approved by this decision only authorizes the proposal as described in the application, i.e., a classroom for about 30 students and 11 some office space. Any construction beyond that described in the subject application is not authorized by this decision. As noted in the conclusions below on SEPA 12 review, the wetland restoration project is not a part of this project and its impacts will be assessed independently if and when the project moves forward. 13 CONCLUSIONS OF LAW 14 15 Procedural: 16 1, Authority of Hearing Examiner. MCC 15.03.050(J) provides the 17 Examiner with the authority to review and act upon Type III decisions such as Special Use Permit applications. 18 2. Notice of Application. According to staff, public notice procedures were 19 followed in accordance with Section 1.05.052 of the Development Regulations and Section 15.07.010 of Mason County Title 15. Affidavits of publication, posting 20 notice, and mailing notice have also been provided (Exhibit 6) 21 WAC 197-11-055 (2) Timing of review of proposals: The lead agency shall prepare 22 its threshold determination and environmental impact statement (EIS), if required, at the earliest possible point in the planning and decision-making process, when the 23 principal features of a proposal and its environmental impacts can be reasonably identified. 24 (a) A proposal exists when an agency is presented with an application or has a goal 25 and is actively preparing to make a decision on one or more alternative means of accomplishing that goal and the environmental effects can be meaningfully evaluated. (i) The fact that proposals may require future agency approvals or environmental Special Use Permit p. 6 Findings, Conclusions and Decision {PA0739871 DOC;1A13009.900000A} review shall not preclude current consideration, as long as proposed future activities I are specific enough to allow some evaluation of their probable environmental 2 impacts. (4) Applicant review at conceptual stage. In general, agencies should adopt 3 procedures for environmental review and for preparation of EISs on private 4 proposals at the conceptual stage rather than the final detailed design stage. WA 197-11-060 (3) Proposals: (b) Proposals or parts ofproposals that are related 5 to each other closely enough to be, in effect, a single course of action shall be 6 evaluated in the same environmental document. (Phased review is allowed under subsection (S).) Proposals or parts of proposals are closely related, and they shall be 7 discussed in the same environmental document, if they: (i) Cannot or will not proceed unless the other proposals (or parts of proposals) are implemented 8 simultaneously with them; or(h) Are interdependent parts of a larger proposal and 9 depend on the larger proposal as their justification or for their implementation. 10 3. Necessity of Additional SEPA Review. The wetland restoration project does not need to be incorporated into the SEPA review of the subject application. 11 The projects are sufficiently independent to justify separate SEPA review. As noted in the SEPA regulations quoted above, to avoid misleading, piecemeal environmental 12 review which is defined too narrowly, closely related proposals must be evaluated in the same environmental document. Case law demonstrates that the degree of 13 relationship between projects is defined by how dependant the projects are upon each 14 other. In Gebbers v. Okanogan County PUT)No. 1, 144 Wn. App. 371, 183 P.3d 324 (2008), the court held that the potential rebuilding of an existing transmission line in 15 10 to 15 years was independent of the proposal to construct a new transmission line, even though the proposed and existing lines would serve as alternate power routes to 16 each other. The court concluded that a proposed new transmission line had 17 independent utility and was not dependent on the rebuilding of the existing line, i.e., the new line would function whether or not the existing line were rebuilt.. Similarly, 18 in an unpublished case, Manza v. Shoreline Hearings Board, 128 Wn. App. 1023 (2005), the court rejected the argument that SEPA review of shoreline permits for 19 proposed modifications of a dock and bulkhead, which did not include an earlier proposed owner-built single-family home and sewage septic tank, constituted 20 impermissible piecemealing of a proposal. The court reasoned that the home and 21 sewage holding tank were not dependent in any way on approval of permits for the proposed dock and bulkhead modifications. Thus, separate SEPA review of the latter 22 was proper. 23 Here the projects are sufficiently independent that separate SEPA review is justified. The Pacific Northwest Salmon Center is separate from the restoration project. It is 24 located on a separate parcel and will be developed by a separate applicant. The 25 subject project and the wetland restoration are mutually independent; each can move forward without the other. In addition, the funding on the restoration project has not been secured and is likely not at a stage in the design that it would be easy to identify the environmental impacts and meaningfully evaluate them. Special Use Permit p. 7 Findings, Conclusions and Decision PA0739871 DOC,I A13009900000A) 1 Substantive: 2 4. Zoning Designation. The subject site is designated as Agricultural 3 Resources Land by the Mason County Comprehensive Plan. Because the property is outside of the Belfair Urban Growth Area there is no zoning. Adjacent to the project 4 area, the shoreline designation along Lynch Cove is Conservancy Environmental. 5 5. Review Criteria and Application. The review criteria for a Special Use 6 Permit application are governed by MCDR 1.05.044, which are laid out below with applicable conclusions of law. This project requires a special use permit because 7 Mason County Development Regulation 17.03.020 provides that educational learning centers on properties designated Agricultural Resource Lands require special use 8 review. 17.03.020 also has additional requirements for educational learning centers, which are addressed below. Also, all Type III decisions are subject to MCC 9 15.09.055(C) and that provision is quoted and addressed below as well. 10 MCDR 1.05.044(A): That the proposed use will not be detrimental to public health, 11 safety and welfare. 12 6. The public health, safety, and welfare will not be detrimentally impacted 13 by this project. Because this will become a public facility, it will bring increased and improved public access to public lands, as well as access to the adjoining Theyer 14 Trails. The access roads and parking areas already exist, and according to the traffic plan provided by the applicant, only four extra car trips per day are expected to the 15 site than during its previous use. Additionally, the septic designer for the project has asserted that the existing on-site wastewater treatment system will be sufficient for 16 the project. The learning center will also provide agricultural education that will 17 increase public awareness of sustainable agricultural practices which could potentially provide more sustainable farming opportunities for the community. 18 MCDR 1.05.044(B): That the proposed use is consistent and compatible with the 19 intent of the comprehensive plan. 20 7. As discussed at length in the Staff Report, the proposed use is consistent 21 and compatible with the intent of the Comprehensive Plan. The educational center will provide opportunities to initiate educational programs for both the immediate 22 Belfair community, as well as to bring surrounding areas to Belfair for learning experiences. Additionally, the proposal works toward the County goal of protecting 23 resource lands, supporting the environment, encouraging outdoor education, providing passive recreation, preservation and use of open space, and growth to the 24 local tourist economy. The proposal also increases access to publicly owned natural 25 resource lands, protects existing public access to shorelines, and provides increased access to adjoining recreational trails. Also, the project allows not only for increased public access to public lands and recreational facilities as well as outdoor educational Special Use Permit P. 8 Findings, Conclusions and Decision �� (PA0739871.GOCJQ3009900000A} opportunities, but allows for the continued use of agricultural land for agricultural I purposes. 2 MCDR 1.05.044(C): :That the proposed use will not introduce hazardous conditions 3 at the site that cannot be mitigated through appropriate measures to protect adjacent properties in the community at large. 4 8. The proposed use will not introduce any hazardous conditions at the site 5 that cannot be mitigated through appropriate measures. All building and all utilities 6 will meet both Mason County and State of Washington standards and requirements, as a requirement for approval of building permits. Additionally, it is likely that the 7 improved farming management will decrease the levels of hazardous materials being 8 introduced into the environment than during its previous use. MCDR 1.05.044(D): That the proposed use is served by adequate public facilities 9 which are in place, or planned as a condition of approval or as an identified item in 10 the County's Capital Facilities Plan. I I 9. The proposed land use will be a public facility. The development will follow Mason County Code for construction and occupancy, and according to the 12 staff report, no demand for services requiring new capital facilities projects are 13 anticipated as a result of the project. The necessary roads and other necessary facilities are currently in place to serve the project. As such, the project is served by 14 adequate public facilities which are currently in place. 15 MCDR 1.05.044(E): That the proposed use will not have a significant impact upon 16 existing uses on adjacent lands. 17 10. The proposed use will not have a significant impact upon existing land uses on adjacent lands. The use will continue to be that of a functioning farm, which 18 is the same use that currently exists, with the addition of educational facilities to be used occasionally and a small number of offices. According to the traffic study that 19 was submitted by the applicant, only four additional pm car trips will be made to the site than under the previous use. Additionally, the project will allow for greater use 20 of the existing trail system along the west portion of the property. The other 21 surrounding uses are well screened and separated from the property and will not be impacted. 22 MCDR 1.05.044(F): (located outside the urban growth area, that the proposed use 23 will not result in the need to extend the urban services. 24 11. The property is located to the west of the Belfair Urban Growth Area. As 25 noted by staff, there is no need to extend urban services, as the existing well and septic systems will provide the needed services for the new public facility. Special Use Permit P. 9 Findings, Conclusions and Decision {PA0739871 DOC,I A 13009.90000m} Educational Learning Center Review 1 2 MCDR 17.06.010: "Educational learning center" means a facility dedicated to environmental and resource education and research. This land use would be 3 permitted on lands designated for long term agricultural use in urban growth areas with a special use permit. This land use would be permitted on agricultural resource 4 lands with a special use permit, using the special use permit criteria and meeting the standard that the proposed land use shall have no more cumulative impacts than if 5 the land remained in traditional agricultural production. 6 12. As discussed previously, the project includes the change in use of a 7 residence and a bam to office and classroom space, for the purpose of enhancing public knowledge and appreciation for the values of wild salmon and related 8 ecosystems health, as well as for best management practices for agricultural land use. In order to effectively teach about environmental stewardship, it was necessary for 9 the educational facilities to be located on land that could be studied and used for 10 demonstration of those principles. 11 In regards to cumulative impacts, the proposed use consists of staff occupying the existing house and garage for administrative and educational research purposes, 12 which requires minimal renovations and upgrades. The existing barn will be upgraded to commercial code for use as part of the educational learning center, which 13 will hold small classes and educational programs for groups of about 30 students on a 14 needed basis. As a purely traditional agricultural use, the land could likely be used for intensive operations such as livestock/animal production, wholesale and retail 15 nursery operations, orchards, kennels, or stables. According to the staff report, all of these uses would bring in considerably more people, noise, chemicals, and long term 16 harm to the land than the proposed use. Additionally, as noted by the letter from the previous owner, Jack Johnson, the prior farming of the property included heavy 17 equipment and the operation of a construction business which included further heavy 18 equipment and chemicals on the property. The new use will be utilizing best management practices to demonstrate that environmental stewardship can be both 19 sustainable and economically beneficial for agricultural purposes. As such, based on the proposal, the proposed use will have no more cumulative impacts on the land than 20 were previously in use and will certainly have fewer impacts than some of the other 21 permitted agricultural uses permitted in Mason County on similarly situated parcels of land. 22 Type III Review 23 MCC 15.09.055(C): Required Review: The Hearing Examiner shall review 24 proposed development according to the following criteria: 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. Special Use Permit P. 10 Findings, Conclusions and Decision {PA0739871 DOC;lU3009900000A) 13. As indicated by staff, this development does not conflict with the 1 Comprehensive Plan. Review of Educational Learning Centers on Agricultural Lands 2 is through this Special Use Permit. The proposal meets the intent of Mason County Code Title 6, as there is adequate and appropriate septic and water service currently 3 provided for the project. Upon submittal of a Building Permit, further evaluations will be made to ensure that the Code is sufficiently met in regards to building 4 standards. The project is consistent with Title 8 as there is no new construction to take place, and the proposal is located far from streams, shorelines, wetlands, and 5 landslide areas. Title 16 does not apply as the proposal does not involve subdividing 6 or changing boundary lines. 7 2. Development does not impact the public health, safety and welfare and is in the public interest. 8 14. As discussed previously, this project will have no discernable significant 9 adverse impacts on public health, safety and welfare as conditioned. The proposal 10 will provide safe access to the property and the proper water and septic are provided. Additionally, the property will serve as a public facility operating as an educational 11 center for natural resources in the vicinity, which serves the public interest. 12 3. Development does not lower the level of service of transportation and/or 13 neighborhood park facilities below the minimum standards established within the Comprehensive Plan. 14 15. As indicated in the staff report, the proposal will not lower the level of 15 service of transportation and/or neighborhood park facilities below the minimum standards established within the Comprehensive Plan. The project will provide 16 further access to public lands and adjoining existing trail systems. The provided 17 traffic study also shows minimal additional traffic will result from the proposal, and will not lower the level of service regarding transportation to the neighborhood. 18 DECISION 19 The Hearing Examiner approves the requested Special Use Permit for the proposed 20 Pacific Northwest Educational Center. 21 22 Dated this 27 h day of August, 2009. 23 24 4i101'brechts 25 Mason County Hearing Examiner Special Use Permit P. l 1 Findings, Conclusions and Decision {PAO739871 DOC,1 A 13009.900000A} LOIS SCOTT ASSESSOR THE MASON COUNTY ASSESSOR DARRYLCLEVELAND CHIEF DEPUTY PLEASE SUPPLY THE FOLLOWING INFORMATION REGARDING YOUR MOBILE HOME Owners Name: -ZACIe, �?nj=j&150(V TeIe A-Q 5-::5 a Mailing Address C 2t( :TnptlLS 2oAIO Previous Owners Name d Address N ,q Description of Mobile Home: ( Information is on your registration certificate) Make e-I6CQ-rY Size ay X fi0 ------- Year 19 !F Seriai N A.Wr i3� cr vCT Year Purchased 14)9 Price (Less furniture d sales tax) $ a If In Mobile Home Park: Name of Park: Al 1A Space $ If NOT in Mobile Home Park. Do you own the land on which the home is placed? YES -A _-NO ?N64eas ~%. C' + Rai N T.Y2 AcT Real Property descriptionza-h 35 1 -42 Tp 23A/ R I- Owner of Land if you are NOT the Owner: Al h __ Brief direction to location: nl?IVtW&Y 061 21 �)*dT' R T -rmP EAlf1 oG npScCLt Rof�� (�ECFE}GR_ Date Mobile Home Entered Mason County: Date you anticipate moving Mobile Home to another location: to-6 If moved from a Mobile Home Park give: Name of Park:. & 16 Space k Your home will be placed on the rolls of Mason County. We would appreciate a prompt reply. Please feel free to contact this office if you have any questions at all . ' Very truly yours,17 / Helen Glaser Personal Property Department 40we—rs;ignature Date