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HomeMy WebLinkAboutDDR2014-00067 Rezone Hearing - DDR Reports - 12/2/2014 Mason County Department of Planning Building I * 411 N. 5th Street * P.O. Box 279 Shelton, Washington 98584 * (360) 427-9670 TO BE KEPT IN THE December 2, 2014 PARCEL FILE Notice of Decision Case: DDR2014-00067 Special Use Permit Applicant: Humane Society of Mason County Notice is hereby given that Humane Society of Mason County, who is the applicant for the above-referenced Mason County Special Use Permit request, has been granted approval of that Special Use Permit. The request was reviewed on November 18, 2014 by the Mason County Hearing Examiner and approved with ten conditions, pursuant to the Mason County Title 17.05.044 Special Use Permit review criteria, specifically to site an animal control shelter land use as an essential public facility on Parcel No. 12208-21-00040 in the Rural Residential 10 zone at 2 miles south of the Belfair Urban Growth Area. The proposal was evaluated through SEPA review during October 2014. This is a final County decision. No further appeals to the County are available. Appeal of this decision 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. Time Limit for Action. Per the Mason County Code Title 15 - Development Code - No permit authorizing construction shall extend for a term of more than five years. If actual construction of a development for which a permit has been granted has not begun within two years after the approval, the Hearing Examiner shall review the permit and upon a showing of good cause, may extend the initial two year period by permit for one year. Otherwise, the permit terminates; PROVIDED that no permit shall be extended unless the applicant has requested such review and extension before the Hearing Examiner PRIOR to the expiration date. Work on approved project must begin by December 2016. This permit expires December 3, 2019. 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 BEFORE THE HEARING EXAMINER FOR MASON COUNTY Emily Terrell,Hearing Examiner RE: Humane Society of Mason FINDINGS OF FACT, CONCLUSIONS County OF LAW AND FINAL DECISION Special Use Permit #DDR2014-00067 INTRODUCTION The application is for a Special Use Permit which will allow the siting of an animal shelter in the Rural Residential 10 (RRIO) district. Kennels are a prohibited use in this zone. The Applicant contends prior difficultly in siting this particular use and the unique nature of the use qualify it as an essential public facility. Though the definition of an essential public facility does not include kennels, the Applicant and Staff have made a persuasive argument that this use may be considered an essential public facility under WAC 365-195-340(2)(c) and Mason County Code 17.06.010 and 17.03.028. Essential public facilities are permitted in all zones with approval of a Special Use Permit. The County's essential public facility regulations are more flexibly drafted than those typically encountered in zoning codes. There is no question that the proposal is needed in Mason County. From the evidence presented, it appears that the proposal can be designed and conditioned to be compatible with neighboring uses. There has been no public opposition to the proposal. In fact,the County has received nearly 600 letters of support. The application of a Special Use Permit to allow an animal control shelter in the RR 10 zone is granted, subject to conditions. ORAL TESTIMONY Staff Testimony Allan Borden, Planner, Department of Community Development, described the proposal and a prior, similar proposal from 2007 (Ex. 15). The proposal is to establish a new animal care shelter in one building (2,890sf) on one parcel in the Rural Residential 10 (RR10) zone. Access to the property is via an easement along North Mason School Road. The Applicant will need to dig a well and provide an on-site septic system. Mr. Borden noted there is a seasonal wetland on the property but that the site is large enough to allow for proper buffering and setbacks to protect the SUP P. 1 Findings. Conclusions and Decision wetland from impact. Surrounding properties are all zoned RR10. Lands to the east and south are vacant. To the west is the North Mason school campus. There are two residences to the north, approximately 180-200 feet from the proposed use. The County issued a SEPA Determination of Non-Significant impact on October 9,2014. Mr. Borden explained this is an application for a Special Use Permit only. There is no current site plan proposed. The Humane Society is concerned about getting approval of the use before it goes through the expense of site planning. Mr. Borden acknowledged the animal control shelter is a permitted use in the Commercial zone, but not in the Rural Residential zone. However, Staff feels the use should qualify as an essential public facility. The County codes are very broad in the definition of an essential public facility. The Humane Society has been working for some time to find a suitable site for this facility. They have been unable to find a site within the commercial zone. Staff feels the site can be suitably designed and managed to reduce or eliminate impacts to surrounding uses, particularly with respect to impacts from parking, and visual and noise impacts. No hazardous materials are expected to be on-site. All animal waste will be properly disposed of as solid waste. Mr. Borden described the need for the facility. An animal care or shelter facility, as proposed by the Applicant, does not exist in the central or northern areas of Mason County. No other public agency provides the proposed animal care and adoption service in Mason County. Additionally, Mason County currently has no emergency management facility for pets in the event of a natural or man-made disaster. Applicant Testimony Kristen French,Applicant's Agent, stated that an animal shelter is desperately needed in Mason County. With the multiple rural areas in the county, she testified that many cats and dogs are dumped and left with no shelter or food. Currently, Mason County relies on neighboring counties to help with overloading, but often these counties are already overburdened. She added that county residents also incur costs when trying to place animals in neighboring county shelters. Ms. French stated this use should be considered an essential public facility because it is a non-profit use that is often operated by a public entity.No public entity is able to perform this work and there are inadequate facilities to care for abandoned pets in the county. The Humane Society has worked for years unsuccessfully to find an appropriate site for their facility. The current site is ideal because it is low traffic, surrounded by large, undeveloped properties and can be developed to reduce or minimize impacts to neighbors and the environment. It is also strategically located in the northern part of the county where the demand is greatest. Ms. French said the Humane Society will conform to all bulk and dimensional requirements of the RR10 zone. Trip generation is expected to be minimal, with only SUP p. 2 Findings, Conclusions and Decision one regular employee and two volunteers staffing the site. Individuals will come to drop off animals, often outside of PM Peak hours. The design of the facility will prevent nuisance issues related to noise and odor. Site design will minimize visual impacts from parking. Brenda Gardener, Humane Society of Mason County, described the dire need for the project and the history of the organization and its efforts to site and construct and animal shelter. Ms. Gardener described the difficulty the Humane Society has had in finding a site for the shelter.No suitable sites were available in the Commercial zone. This site is ideal because while physically isolated from surrounding properties, it is near the county's population centers. It can meet regional demand while minimizing local impacts. The Humane Society provides a public benefit that isn't being met by any other public or private agency including low or no cost spay/neutering, sheltering lost or displaced animals,providing emergency pet food, managing feral cat colonies, providing education and serving as an emergency shelter during natural and man- made disasters. There is no current place for animals in need of shelter in north Mason County. The facilities that are in the county are all operating beyond capacity. Public Testimony Randy Neatherlin, Mason County Commissioner, spoke in favor of the proposal. Mr. Neatherlin stated he lives in the northern part of the county and can attest to the need for this facility. He stated no one is currently taking care of lost and abandoned pets because there is nowhere for them to go. He believes this is an essential service that should be considered an essential public facility. He supports the approval of the Special Use Permit. EXHIBITS Exhibits 1-12 identified in the "Case Index" of the November 14, 2014 staff report were admitted during the November 18, 2014 hearing. In addition, the following exhibits were admitted to the record during the hearing: Exhibit 13— A Petition-style support letter signed by 580 individuals Exhibit 14— A letter of support from Monica Hail dated November 11, 2014 Exhibit 15— A copy of a May 2007 Hearing Examiner decision for the same use on a different site in the rural zone(DDR2007-00045) Exhibit 16— A poster board with map and photos submitted by the Applicant FINDINGS OF FACT Procedural: l. Applicant. The Applicant is the Humane Society of Mason County. SUP p. 3 Findings, Conclusions and Decision 2. Hearing. The Hearing Examiner conducted a hearing on the subject application on November 18, 2014 at 1:00 p.m., in the Mason County Commissioners Meeting Chambers. Substantive: 3. Site/Proposal Description. The Applicants propose a much needed animal control shelter to be located upon a residential zoned parcel in a largely undeveloped area four miles southeast of Belfair. The vacant 5 acre site is accessed via an easement from North Mason School Road. The Applicant proposes to construct a new animal shelter in one building (2,890sf) while conforming to the bulk and dimensional requirements of the parcel's RR10 zone. No site plan was submitted for review. There is an un-delineated seasonal wetland located on west half of the subject parcel. The proposed use is not permitted within the RR10 zone. However, the Applicant has applied for a Special Use Permit to construct the proposal as an essential public facility. 4. Characteristics of Area. Surrounding properties are all zoned RR10. Lands to the east and south are vacant. To the west is the North Mason school campus. There are two residences to the north, approximately 180-200 feet from the proposed use.All of the surrounding properties are over five acres in size. 5. Impacts. The present application is for a Special Use Permit to allow the use of a parcel in the RR10 zone to be an animal control shelter. The Special Use Permit is required to permit the use, as an essential public facility, in this zone. No site plan was presented for review. Therefore, it is difficult to anticipate specific impacts and their potential mitigation. Potential impacts were considered by Staff including impacts caused by traffic and parking as well as visual and noise impacts. Staff contends there is adequate space on the property to allow for full buffering and setbacks from the seasonal wetland located on the western portion of the parcel. Staff also provided conditions of approval to require screening for visual impacts related to parking. Staff recommends a fence and other buffering to reduce potential noise impacts to the school campus and surrounding residences. Other site design and building design components will also be employed to reduce potential noise impacts. A special drop off system will ensure than animals can be safely dropped off during off-hours. The system will include one-way gates to ensure no dangerous animals are released. All animal waste will be treated as solid waste and properly disposed of off- site. There will be only three regular employees (including two volunteers). Traffic impacts are expected to be minimal. CONCLUSIONS OF LAW Procedural: 1. Authority of Hearing Examiner. MCC 15.03.050(10) and 17.05.042 provide the Examiner with the authority to review and act upon Special Use Permits. SUP p. 4 Findings, Conclusions and Decision Substantive: 2. Zoning. The area is zoned as Rural Residential 10. 3. Review Criteria and Application. MCC 17.04.232(a) authorizes single- family residential,hobby farm,church, local community and recreation centers, group homes, cell towers, fire station, fish hatchery, and public utilities uses in the RR10 zone. Animal control facilities are not a defined use within the Mason County Zoning Code (Chapter 17.06), though they are clearly not one of the uses permitted outright by MCC 17.04.232(a). MCC 17.04.232(C) permits several uses, including essential public facilities, in the RR10 zone via a Special Use Permit. MCC 17.06.010 defines an essential public facility as: `facilities such as prisons, correctional facilities, juvenile detention centers, courthouses, wastewater/sanitary treatment facilities and systems, solid waste facilities, transportation facilities (including public works operations and vehicle maintenance facilities), airports and hospitals." Staff notes animal control facilities as a use have been deemed an essential public facility in the past in the 2007 Adopt-A-Pet case (Mason County DDR2007-00045). (See Ex. 15). WAC 365-196-550(1)(a) defines an essential public facility as "public facilities which are typically difficult to site."However, WAC 365.196.550(1)(b)notes it is not necessary the facilities be publicly owned. WAC 365-196-550(1)(f) states the major component in the identification of an essential public facility is whether it provides or is necessary to provide a public service and whether it is difficult to site. WAC 365-196-550(2) provides criteria for determining whether a facility is difficult to site. Specifically WAC 365-196-550(2)(a) notes the public facility needs a specific type of site such as size, location, available public services, which there are few choices. As noted in the Staff Report and the testimony, this Humane Society of Mason County has been attempting to find an appropriate site for the animal control facility for many years. The use itself provides a public good in that it provides low or no cost spay/neutering, sheltering of lost or displaced animals, emergency pet food, and serves as an emergency shelter during natural and man-made disasters. There is no facility like this in Mason County. It has been difficult to site in that none of the available Commercial zoned sites that might have permitted the use outright were suitable. This site is ideal because while physically isolated from surrounding properties, it is near the county's population centers. It can meet regional demand while minimizing local impacts. WAC 365-196-550(4)(b)(i)states, SUP p. 5 Findings, Conclusions and Decision "When identifying essential public facilities, counties and cities should take a broad view of what constitutes a public facility, involving the full range of services to the public provided by the government, substantially funded by the government, contracted for by the government, or provided by private entities subject to public service obligations. " The County Staff support the identification of the proposed use as an essential public facility. The Humane Society of Mason County is a non-profit entity providing a public service subject to public service obligations. Consideration of an animal control shelter as an essential public facility is supportable, even while the specific use is not listed in the County's definitions of essential public facilities. Essential public facilities require a Special Use Permit(MCC 17.03.028). 4. Decision Criteria. MCC 17.05.044 requires findings for the following criteria: (1) That the proposed use will not be detrimental to the public health, safety and welfare; As noted in the Staff Report,this use is similar to an existing animal shelter in Shelton. That use has not resulted in complaints over objectionable impacts or detrimental results. No hazardous materials are anticipated. The project will result in the removal of potentially hazardous stray animals from neighborhoods and communities which will improve public health and safety and improve animal welfare. (2) That the proposed use is consistent and compatible with the intent of the comprehensive plan; As noted above in Finding of Fact No. 3,the development will conform to the bulk and dimensional standards of the RR10 district. As conditioned, the development will provide buffering or screening from adjacent properties. The project as proposed will be staffed by only three individuals. Traffic impacts are minimal. The operation will be small in scale. Urban levels of government services will not be required. The Applicant will provide a private well and on-site septic system. As conditioned, the seasonal wetland will be buffered and buildings will be setback. As noted in the Staff Report, the proposal is consistent with Mason County Comprehensive Plan Policies RU-500, RU-505, RU-512 and RU-532. (3) That the proposed use will not introduce hazardous conditions at the site that cannot be mitigated through appropriate measures to protect adjacent properties and the community at large; As noted above in Finding of Fact No. 5, no hazardous conditions are anticipated. Any potential impacts from traffic, parking, noise, odor or visual impacts can be fully SUP p. 6 Findings, Conclusions and Decision mitigated through screening, building placement and design and buffering. As conditioned,this criterion is met. (4) That the proposed use is 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; As noted above, the development will provide a private well and an on-site septic system. As noted in the Staff Report, the proposed development will follow Mason County codes for construction and occupancy. Public transit is available to this location. The Fire District #2 station is within 3 miles. No demand for services requiring new capital facilities project is anticipated with the proposal. (5) That the proposed use will not have a significant impact upon existing uses on adjacent lands;and The project as proposed will not have any significant impacts upon the existing use on adjacent lands. The surrounding land uses (Ex. 7 and 12)to the north are residential on medium-sized parcels; to the west is the North Mason High School and Hawkins Middle School campuses; and to the south and east are properties of undeveloped timberlands. The proposal layout of the commercial land use can be screened by existing vegetation and topography and by additional plantings and fencing near the north and west property lines. The anticipated traffic from the uses is estimated to be a low to mild generator, will have a county-approved access, and have no adverse effects on local road usage. The Applicant proposes to address low level noise impacts from animals through soundproofing construction methods, building location and design, and careful operations management. Lighting will be designed in a manner that will ensure that it does not unreasonably permeate through the vegetative buffers in any direction. The structure will result in a very minor increase in impervious surface and there is no anticipated concern of stormwater or runoff impacts on adjacent parcels. As conditioned,this criterion is met. (6)If located outside an urban growth area, that the proposed use will not result in the need to extend urban services. As noted above,there will be no need to extend urban services. 5. Procedural Requirements for a Special Use Permit. MCC 17.05.046 requires the Applicant to subject the following: (1) The location and size of lot(s); (2) Site plan with areas of proposed use; (3)Access to state and county roads; SUP p. 7 Findings,Conclusions and Decision (4) Land uses on adjacent properties and potential impacts to those uses by-the proposal; (5)Provision of parking areas and stormwater facilities; (6) Hours of operations; (7)Anticipated sources of noise, glare, or odors from proposed use(s); (8) Grading proposed; (9)Stormwater and erosion control plans; (10)Sanitation and support services provided; and (11) Traffic studies from activities proposed. The Applicant submitted materials for a Special Use Permit, but did not provide a formal site plan or operational plans. No environmental studies, stormwater plans, sanitation plans, traffic studies or grading plans were submitted. As noted in Finding of Fact No. 5 above, Staff is confident any potential impacts from noise, glare and odors can be mitigated through screening, buffering, building location and building design. Staff is likewise confident all impacts to the seasonal wetland can be avoided. A condition of approval will require submittal of each of the missing elements for review and approval by County staff prior to issuance of building permits. 6. Type III Review. 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 Titles 6, 8, and 16. As noted above in Conclusion of Law No. 4, the proposal does not conflict with the Comprehensive Plan. The development will provide a private well and on-site septic system in conformance with Title 6. A condition of approval will require buffering and setbacks from the wetland (Title 8). The proposal does not involve a subdivision. Title 16 does not apply. (2) The development does not impact the public health, safety and welfare and is in the public interest. As noted above in Conclusion of Law No. 4,the proposal will not result in impacts to the public health, safety and welfare. As shown in Conclusion of Law No. 3, the proposal is in the public interest. It will provide a badly needed service by sheltering animals that would otherwise be strays and present a probable harm to the public safety and welfare. (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. If the development results in a level of service lower than those set forth in the comprehensive plan, the development may be approved if improvements or strategies to raise the level of service above the SUP p. 8 Findings, Conclusions and Decision minimum standard are made concurrent with the development. For the purpose of this section, "concurrent with the development" is defined as the required improvements or strategies in place at the time of occupancy, or a financial commitment is in place to complete the improvements or strategies within six years of approval of the development. The transportation impact will be minimal. The proposal will not affect park facilities or services.No changes in transportation or parks level of services are anticipated. DECISION The application for a special use permit is approved with the following conditions. 1. The Applicant shall submit a site plan and, at a minimum, all of the additional information required by MCC 17.05.046. 2. The Applicant shall design the buildings and trash enclosures to minimize potential noise and odors and, to the extent feasible, eliminate the possibility of escape of sheltered animals. Any outdoor kennel areas shall be placed as far away as possible from adjacent residential uses. 3. The Applicant must delineate and categorize the on-site wetland and provide appropriate setback and buffering. 4. The Applicant must submit an approved County road permit for ingress and egress. 5. The Applicant must provide a landscaping plan including adequate screening (fencing and vegetation)to obstruct the view of the facility from the north and west property lines. 6. The Applicant must submit a plan for signage. 7. The Applicant must submit a lighting plan and demonstrate there will be no glare from the facility affecting adjacent residences. 8. The private well and on-site septic system must be permitted, inspected and approved by the Mason County Health Department or appropriate entity prior to issuance of Certificate of Occupancy. 9. The Applicant must submit a parking plan. The parking plan must provide 1 stall per 300 sq. ft.of floor area. 10. The Applicant shall submit a stormwater plan for review and approval prior to issuance of building permits. SUP P. 9 Findings, Conclusions and Decision Dated this 25th day of November, 2014. Emily Terrel Hearing Examiner Pro Tem Mason County APPEAL The decision of the Hearing Examiner is final and may be appealed to superior court as outlined by the Washington State Land Use Petition Act, Chapter 36.70C RCW. CHANGE IN VALUATION Notice is given pursuant to RC 36.70B.130 that property owners who are affected by this decision may request a change in valuation for property tax purposes notwithstanding any program of revaluation. SUP P. 10 Findings, Conclusions and Decision CASEINDEX Humane Society of Mason County Animal Shelter Special Use Permit DDR2014-00067 Exhibit# Date Description 1 November 10, 2014 Staff Report 2 October 30, 2014 Special Use Application and La out Ma 3 November 5, 2014 Special Use Supplemental Information 4 November 3, 2014 Vicinity Ma 5 November 3, 2014 Vicinity Zoning 6 November 3, 2014 Vicinity Aerial 7 November 3, 2014 Site Aerial 8 October 9, 2014 SEPA determination SEP2014-00058 9 October 30, 2014 Notice of Application 10 November 5, 2014 Affidavit of Posting 11 October 8, 2014 Comment letter from Drew MacEwan 12 November 5, 2014 Additional photos of site HEARING DATE: November 18, 2014 1:00 pm Humane Society shelter 2014 SUP case index MASON COUNTY COMMUNITY DEVELOPMENT Building I * 411 N. 5th Street * P.O. Box 279 Shelton, Washington 98584 * (360)427-9670 TO: Mason County Hearings Examiner FROM: Planning Staff— Allan Borden • ahb@co.mason.wa.us RE: Special Use Permit(DDR2014-00067)to establish new building for use as an animal care shelter on a Rural Residential 10 property southeast of Belfair WA. HEARING DATE: November 18, 2014 1:00 pm STAFF REPORT I. Project Description. This report evaluates the establishment of a new animal care shelter in one building (2,890 sq. ft. area)on one parcel in the Rural Residential 10 property 4 miles southeast of Belfair WA. A Special Use Permit is necessary(Exhibit 2) as part of the public review required by the Mason County Development Regulations standards (Sec. 17.03.021)to evaluate the nature and scope of the proposed land use as an essential public facility on Rural Residential 10 Lands in this area of Mason County, including traffic, parking area, noise, and screening aspects. II. Applicant. Humane Society of Mason County. III. History of Site. This parcel was created by land segregation in 1990 in the NE NW portion of Section 8 from a larger parcel (as portrayed in Exhibit 4) adjacent to North Mason School Rd. at a time when zoning in the county did not exist. The parcel is vacant and was subject to recent logging. The site has on-site vegetation cover that is mainly non-native shrubs. North Mason School Rd. access the property directly. No other improvements are present. IV. LAND USE& EXISTING CONDITIONS A) LOCATION At 350 NE North Mason School Rd., Belfair;two miles south of the Belfair Urban Growth Area(Exhibit 4); within the northeast '/4 of Section 8 Township 22N., Range 1 W. in Mason County Washington. [Parcel No. 12208-21-00040]. The parcel in the Rural Area is located near the end of North Mason School Rd. and has a road access to facilitate access to proposed land uses. The zoning of the property is Rural Residential 10, and essential public facilities may be permitted land uses in this zone following Special Use Permit approval. B) SITE CONDITIONS The property has a 10 percent slope away from the county road towards the HAWORDTer nit ReviewASUP ReviewsWumane Society of MC shelter 2014 Staff Report doc 1 lowest area of the site. A wetland is situated in the west half of the property; appropriate buffers (at least 60 feet) and 15-ft. building setback apply to the review for potential development. The parcel is mainly cleared of trees. C) CURRENT SURROUNDING ZONING(SEE EXHIBIT 5) WEST: Rural Area/Rural Residential 10 zone;North Mason School campus is adjacent at the end of the road. EAST: Rural Area/Rural Residential 10 zone; open lands. SOUTH: Rural Area/Rural Residential 10 zone; open lands. NORTH: Rural Area/Rural Residential 10 zone; dispersed residences,two are located nearby. D) ACCESS/TRANSPORTATION The parcel has access easement along the end of North Mason School Road. E) PUBLIC UTILITIES(SEWER/SEPTIC,WATER) The parcel will need a privately maintained septic and water services, and power provided along the road, as part of development. F) ENVIRONMENTAL/SEPA A formal SEPA determination of non-significance was made on October 9, 2014 (Exhibit 8). The proposed land use change would result in some impacts (additional buildings, more sewage demand, more traffic)by anticipated new development in the Rural Commercial 2 zone. Stormwater management and current buffer and setback regulations will be applied at the time of development of the property. As contained in Exhibit 3,the applicants want to develop the land as a non-profit animal care facility services and address the animal care and shelter needs for the growing number of nearby residents in the Grapeview, Allyn, and Belfair areas. An animal care or shelter facility, as proposed by the applicant, does not exist in the central or northern areas of Mason County. This proposed land use is an essential public facility on Rural Residential 10 Lands in this area of Mason County. No other public agency provides such available animal care and adoption service in Mason County. A similar request was submitted in 2007 by Adopt-A-Pet(prior case no. DDR2007- 00045), and evaluated and approved by the Mason County Hearing Examiner. In that case,the animal shelter facility proposed by Adopt-A-Pet was determined to constitute an Essential Public Facility,and therefore constituted a permissible use in the Rural Residential zone with Special Use Permit review and approval with conditions. V. Other Required Permits. A building permit will be required for each proposed structure or structure modification. A stormwater site plan will be required during the review of the development permits. A County Road Access permit for this proposed non-residential use will need evaluation and approval by Mason County Public Works. HAWORDWermit Reviews\SUP Reviews\Humane Society of MC shelter 2014 Staff Report doc 2 VI. Public Notification of Hearing. The Notice of Application(Exhibit 9)was published in the Mason County Journal for two weeks on October 30 and November 6, 2014. On November 3,2014 a Notice of Application was posted at two sites and the local post office. This notice was mailed to neighboring property owners within 300 feet on November 3, 2014. An Affidavit of Posting of the notices was completed on November 10, 2014 (Exhibit 10). To date, over 120 letters of comments supporting the proposal have been received during this review. VII. Analysis. The following additional information is required for analyzing the proposal, preparing the necessary conditions, and providing consistency with dimensional and performance standards relevant county regulations. A. Mason County Development Regulations, Section 17.03.028 This special provision states: Essential Public Facilities shall require a Special Use Permit in any development area The applicants have applied for the review of a Special Use Permit(including criteria responses)to enable this non-profit organization to construct a small commercial building(Exhibits 2 and 3)on the property and operate an animal care shelter as an essential public facility land use. Staff Response: A Special Use Permit application was submitted by the Humane Society and includes supplemental information for consideration in their request (Exhibit#2). Their responses to permit criteria provide supportive information about the location and vicinity, water and septic treatment to be provided, and the purpose of the animal shelter land use proposed on the subject parcel. B. Applicable Special Use Review Criteria (MCDR 1.05.046): 1. Will the proposed use be detrimental to the public health, safety and welfare? Applicant: This proposed use will function in a manner similar to the only other animal shelter operating in a distinct area of the county. That operation near Shelton has been ongoing for approximately 25 years, and was the subject of an approved Special Use Permit in a residential area zoned RR5, with no identified detrimental impacts, hazardous or objectionable conditions. The improvement of this proposal will provide a service that keeps stray animals from roaming neighborhoods and communities in Mason County. Staff Response: A driveway from North Mason School Rd already exist on the northwest side of the property. Proper ingress and egress can be secured by a County Road Access Permit from Mason County Public Works, taking into consideration the change of use from residential nature to a low scale commercial land use; and the anticipated small change in traffic generated from the new animal care shelter land use. The applicant will need to have a septic system designer validate that the proposed buildings and intended uses will have no adverse effect on the proposed well and on-site wastewater treatment system. Proposed buildings will need to be at least 50 feet from side property lines and 30 feet from the front(road)property line. HAWORDWenwt Reviews\SUP RmmsViumane Society of MC sheher 2014 StatTReport doc 3 2. Will the proposed use be consistent and compatible with the intent of the Comprehensive Plan? Applicant: The proposal is a non-profit animal care facility services in the Rural Area. The Humane Society of Mason County in its organizational documents to provide their services to the public on a non-profit basis. These animal care and shelter services are often provided by a government agency, but in Mason County the services are very limited. The proposed facility would provide the needed shelter services in the northern Mason County area, as well as in nearby rural portions of Kitsap County This proposal is consistent with the County Comprehensive Plan. Essential Public Facilities are those that are typically difficult to cite. 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 R U-500; the proposal will be screened from public rights-of-way and adjacent properties. Staff Response: The policies noted below provide the standards to evaluate the location of this proposed small-scale commercial use so that the project will not be contrary to the goals of the Comprehensive Plan and that development standards (setbacks, building size, area of coverage) under the Rural Residential 10 zone land use will protect the existing critical areas as well as the present and future land development in the vicinity of this proposal. The Comprehensive Plan policies below are used for review: General Policies in the Rural Area: RU-500 In Rural Areas,features of the rural landscape should be dominant. Uses other than farms,pastures,farm buildings,forestry, wood lots, and other resource-related industries, should be buffered or screened from public rights-of-ways and adjacent properties. RU-505 Other uses that should be allowed in Rural Areas include tourism, horticulture, low profile recreation, home-based businesses and cottage industries accessory to a primary residential use, and other small scale businesses. RU-512 Adjacent residential uses and non-residential uses in the Rural Area should be buffered or screened from each other. Existing uses will not be required to provide buffers or screens, except in the case of the expansion or intensification of use. RU-532 Recreational and tourist uses and isolated small-scale businesses should be allowed to be developed in the Rural Areas,provided that: they do not require urban levels of government service, they do not conflict with natural resource based uses, they are compatible with surrounding rural uses, any public services or facilities provided for the development shall be limited to that necessary for the development and shall not be provided in a manner which permits low-density sprawl, and critical areas are protected. 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? Applicant: No hazardous conditions are expected as a result of the proposal. There HAWORDTefmit RimewASUP Reviews\Humane Society of MC shelter 2014 Staff Report.doc 4 are no unique chemicals planned to be utilized on-site. Kennel floors will be covered with material suitable to enable volunteers to collect and properly dispose offeces each day. Appropriate fencing, structural and kennel enclosures will be incorporated to prevent animals from becoming loose. Staff Response: The applicant has stated that there will be no hazardous conditions or activities associated with the proposed buildings or land uses, so no mitigation to protect nearby properties is necessary. The property will need to be prepared for the shelter land use with associated septic and water supply. The proposed buildings and commercial land use will have suitable water and septic improvements, the associated parking areas to the south of the planned structures, and stormwater treatment areas nearby. 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? Applicant: The proposal is served by multiple existing public facilities such as power, garbage, roads and fire protection. An on-site septic system and well will be developed. Staff Response: This proposed land use will be served by a public water system and on-site septic treatment system to serve the commercial land use. Proposed development will follow Mason County codes for construction and occupancy. Public transit is available to this site location. Fire District#2 station is within 3 miles. No demand for services requiring new capital facilities project is anticipated with the proposal. 5. Will the proposed use have a significant impact upon existing uses on adjacent lands? Applicant: No significant impact is anticipated with respect to existing, adjacent land uses (Exhibit 6). The only immediately adjacent residential parcel is owned by the individual who has entered into the purchase and sale agreement with the Applicant, with full knowledge of Applicant's intention to obtain permit approval to develop an animal shelter. No impact will result to the vacant timberland (zoned RR10)situated to the East and South of the subject parcel. Low level noise impacts from animals will be addressed through appropriate mitigation, such as soundproofing construction methods, building location and design, and careful operations management. As a comparable, the only other animal shelter in Mason County has operated successfully in a rural residential neighborhood. Lighting will be designed in a manner that will ensure that it does not unreasonably permeate through the vegetative buffers in any direction. The structure will result in a very minor increase in impervious surface and there is no anticipated concern of stormwater or runoff impacts on adjacent parcels. H:\WORD\Permit Reviews\SUP ReviewsWumane Society of MC shelter 2014 Staff Report.doc 5 Traffic will access the proposed site via North Mason High School Road. That roadway is located to the North of the existing North Mason High School development, and currently serves two residential parcels as depicted in photographs submitted by the Applicant. One regular employee will make a single trip in and a single trip out per day. Two additional volunteers per day are anticipated. Each would each make a single trip in and a single trip out per day. Traffic levels from facility users will be limited and sporadic, with no significant adverse traffic impacts anticipated. Staff Response: The project as proposed will not have any significant impacts upon the existing use on adjacent lands. The surrounding land uses (Exhibits 7 and 12) to the north are residential on medium-sized parcels; To the west is the North Mason High School and Hawkins Middle School campuses; and to the south and east are properties of undeveloped timberlands. The proposal layout of the commercial land use can be screened by existing vegetation and topography and by additional plantings and fencing near the north and west property lines. The anticipated traffic from the uses is estimated to be a low to mild generator, will have a county-approved access, and have no adverse effects on local road usage. 6. If located outside an Urban Growth Area, will the proposal result in the need to extend urban services? Applicant: The proposal should not result in a need to extend urban services. There are currently existing road access and sanitation facilities for the site. . Staff Response: The proposal is over two miles to the southeast of the Belfair Urban Growth Area. The applicant states that no urban services demand will be created and the upgraded well and septic system, and stormwater treatment, will provide the needed services for this land use. C. 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: To address each Title: Title 6—Adequate septic and water service shall be provided for this land use on the subject property. If the special use permit is approved,these services will need to support the services associated with the animal care shelter buildings and provided to proper state health standards. Title 8- The development proposal will be located outside of stream, shoreline,wetland, or landslide hazard critical areas and buffers;the wetland vegetation buffer will be provided(60 feet). No special studies are needed for the review of this proposal. Title 16—Existing lots of record are owned or in process to be purchased by the applicants. No modification or combination of lots is necessary to propose the commercial buildings and parking areas. 2. The development does not impact the public health, safety and welfare and is in the H:\WORD\Petmit Reviews\SUP Reviews\Humene Society of MC shelter 2014 Staff Report doc 6 public interest. Staff Response: The proposed project will provide safe access to the property (county road access permit) and the proper water and septic upgraded with the new land use. Perimeter plantings near structures and fencing adjacent to the north and west property lines can screen the proposed buildings and land uses from adjacent residential and school campus land uses. 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 anticipated traffic from the proposed commercial land use is estimated to generate low to moderate amounts of vehicle traffic, but not cause increased demand or problems to levels of transportation services in the vicinity. Neighborhood park facilities would not be required for this land use and the minimum standards for parks established within the Comprehensive Plan will not be lowered. VIII. Project Analysis: Based upon the review of these policies and regulations, the commercial buildings and land use for an animal care and shelter proposed by the Humane Society of Mason County as an essential public facility conforms to the Mason County Development Regulations and the Comprehensive Plan. IX. Conclusions. As proposed,the project is consistent with the Mason County Development Regulations. Staff recommends approval subject to the following conditions: 1) The site plan for the commercial building construction shall include the layout of buildings, septic system, water supply, and parking; a plan for signage and lighting the area of usage; vegetation plantings and fencing or fence panels along the west and east property lines to screen the new development from adjacent properties; and approved county road permit for ingress and egress. 2) Adequate parking areas shall be provided for these land uses [1 stall per 300 sq. ft. of floor area(professional/business office)] located on the subject property. 3) A stormwater plan shall be prepared as part of site planning to address the control and treatment of runoff from roof and graded and parking surfaces during rainfall events. X. Choices of Action. A. Approve. B. Approve with condition. C. Deny with prejudice (reapplication or resubmittal is not allowed for one year). HAWORDWermit Reviews\,SUP Reviews\Humane Society of MC shelter 2014 Staff Repon.doc 7 MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 426 W Cedar Street/P.O.Box 279,Shelton,WA 98584 --- - - 360.427.9670 Ext.352 I Mason County PlerLmit Center Use: DDR `T - o-7 19 Special Use Permit: $1,135 Date Rcvd: ❑ Public Hearing: $2,005 or $670 for ADU's Special Use Application 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, m order to assure that such uses are developed3n�iarmony 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. Type of Special Use Permit: ❑ Communications Tower ❑Accessory Dwelling Unit ❑ Oversize Construction Other: 0 rr`c�- ( S Applicant Name yy14 J0et e—iLl Property Owners Mailing Address Q ►�p (p J1 n 1 r Z F' Phone 1 3(l 7S- 3 J Phone 2 3�C, a7S- Email _ - © 07(c 2_ Site Address _ _ . S�. _ = --!ll., i/4 - Tax Parcel# a Legal Description C�-5 C-fl G`� CW► S��c j0 o7pZ Jl1vy-f!` /2iz„ i Project Description C, m-t i Qk-'�f r-- 3l I;\('mm�t�u�iw I1Pvrinhm�nl\PA(7tiP(iClgl 111;F I lh(11ted 100017 Page���f Please provide a site plan that includes the following: 1. Indicate Scale and North Avow.v"' / 2. Property line dimensions,easements,and right-of-ways.✓ / 3. The location of all existing and proposed structures.Include square footage of existing and proposed v structures. 4. Setback distance,in feet from all property lines and structures. (/ 5. Existing and proposed road access to and from the site. 6. Parking spaces. 7. Location of on-site sewage tanks and drainfields. �! 8. Location of drinking water supply.Include location on the proposed site and surrounding parcels. 9. Steep bluffs,wetlands, streams,and bodies of water.✓ _ to. Surface and storm water run-off routes. kr FEn Ti o ri Po rJ C) W)L L Q 6 51 T E D 1 r D t C-/n E D rJ G-ce,S S A pvi. On a separate piece of paper(#of pages: <P� ),state your reasons for requesting a Special Permit-and-be sure-tn-address-the-foNowing six-Mteria.-Your-regaest-wil-l-be-evatuated4wM-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 cannot 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? 5. Will the proposed use have a significant impact upon existing uses on adjacent lands? 6. ff located outside of an Urban Growth Area,will the proposal result in the need to extend urban services? Provide a list(preferably printed on mailing labels or legal sized envelopes)of all property owners' mailing addresses within 300 feet of your parcel boundaries. Addresses are to be obtained from the Mason County Assessor's Office,Bldg. 1. Applicant's gnatare 1 Date (/ ,62W 1.1Cnmmnnity Dev?I„ ..nr\PA(.'\SPECIAi_1 fSF I Ilu(:rted 10POI? P:t_e j145 S - bL61 01, i f (777 y i t F s _ is { t F � I �.• � 'cdiy ., -~�` �-. �c� > Y`to ���.3 - � i- ti ��; '. � ail -.• � —,�.. � �s�—rrS " $S •;, ._���yt � _�,jw.f�I.._..-... _ -— sj_:. _ _..,..,.. ' w J i i , d t L • 4 b • WILL THE PROPOSED USE BE DETRIMENTALTO PUBLIC HEALTH, SAFETY, AND WELFARE? The proposed special use of this property will be an enhancement to public health, safety and welfare as this service is not currently available in Mason County. It is the intent of the humane society to build a facility to house abandon, lost, and stray animals awaiting disposition back to their owners or eventually placed for adoption. • WILL THE PROPOSED USE BE CONSISTENT AND COMPATIBLE WITH THE INTENT OF THE COMPREHENSIVE PLAN? An animal shelter will be a bonus to the comprehensive plan by adding a public service to North Mason County. The proposed building site and humane service could be identified as a possible location within the County for emergency animal shelters and confinement areas during disasters as directed in the emergency preparedness plan dictated by the state. • 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? This humane shelter will ensure that no hazardous conditions will be presented by the establishment of this building on this site to neighboring property owners or the community. The building will be constructed according to all accepted building standards for human and animal use and to ensure noise abatement. • 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 (55 PLAN? The septic system and water well are to be built and drilled in accordance with County standards. The building will have buffer areas using more than adequate perimeter fencing and natural landscaping. Adequate parking spaces and outdoor lightning will be provided for visitors and employees. The newly constructed shelter will add to urban services with its presentation and planned services. • WILL THE PROPOSED USE HAVE A SIGNIFICANT IMPACT UPON EXISTING USES ON ADJACENT LANDS? No, this pending land purchase is a vacant, cleared, 5 acre parcel surrounded on two sides by RESTRICTED FOREST LAND, and the other two bordering properties are 10Z residential. No significant impact on the uses of the adjacent properties. IF LOCATED OUTSIDE OF AN URBAN GROWTH AREA, WILL THE PROPOSAL RESULT IN THE NEED TO EXTEND URBAN SERVICES? NO, this proposal is currently outside the Urban Growth Plan for Belfair. The Urban enhancements for Belfair currently include roadway and utility improvements along State Route 3. The proposal to construct a humane society would be outside this current plan and would not require an extension for additional urban services. ��j 22 Applicant, the Humane Society of Mason County; requests approval of a Special Use Permit pursuant to the Mason County Development Regulations Ordinance, specifically for the construction of an animal shelter facility as an essential public facility in Rural Residential 10 zoning. This request is very similar to the 2007 Special Use Permit requested by Adopt-A-Pet (DDR2007-00045), which was approved by the Hearing Examiner. In that case, the animal shelter facility proposed by Adopt-A-Pet was determined to constitute an Essential Public Facility, and therefore constituted a permissible use in the Rural Residential zone with Special Use Permit approval and conditions. Site/Proposal Description. The Humane Society of Mason County(Applicant)proposes a 2,890 square foot structure,to be constructed in three phases,to serve as an animal shelter facility in North Mason County. The Applicant is a non-profit organization providing care for displaced, abandoned or abused animals, as well as a free spay/neuter program supported by donations. The Applicant Humane Society of Mason County was formally incorporated in 1986, and is a 501(c)(3)nonprofit organization in good standing and member of the North Mason Chamber of Commerce. Since its incorporation,the organization has grown to an active member status.of over fifty, with additional support from numerous residents and interested parties dedicated to the goal of establishing a much needed permanent animal shelter facility. The Applicant has a pending purchase and sale agreement contingent upon approval of the proposed Special Use Permit,which would enable the Applicant to close on the pending sale. Pursuant to department precedent,the proposed use is classified as an Essential Public Facility and is a permitted use in the Rural Residential 10 zone with a special use permit. The subject parcel is rectangular in shape and is approximately 5 acres in size. It is currently vacant,with a cleared area and some timber, including significant vegetation along all parcel lines as depicted in photos submitted by the Applicant. The property is located at 350 E.North Mason School Road in Belfair, WA. 4. Characteristics of the Area. The site is located in an area zoned as Rural Residential 10. Vacant timberland zoned as Rural Residential 10 surrounds the subject parcel on the South and East. One developed residential parcel is adjacent to the North of the subject parcel, with that residential parcel owned by the same individual who currently owns the subject parcel and who has no objection to the Applicant's proposed use based on the terms of the agreed purchase and sale agreement. The parcel is bordered by North Mason School District property to the West, as depicted in Applicant photos submitted. 5. Adverse Impacts of Proposed Use. There does not appear to be impact on surrounding properties for services, parking, or public utilities, with the limited possible exception of l l considerations regarding the adjacent School District parcel. The proposed structure will be 1 buffered from all adjoining uses by setback separations from all property lines, and significant existing vegetation and trees will be retained in the buffer areas, as depicted in photographs 2 submitted by the Applicant. 3 The primary inquiry regarding potential adverse impacts pertains to the adjacent School District 4 parcel. It is the Applicant's position that the use will be compatible with the School District development and use, and the Applicant is prepared to maintain an extensive buffer no less than 5 100' in width, 'with all vegetation retained, between the Applicant's proposed structure and the 6 common property line. The proposed use is anticipated to be compatible with the adjacent School District parcel, and may provide an ideal location for students seeking to perform 7 community service and tend to animals through volunteer/community-service courses or projects. Low level noise impacts from animals will be addressed through appropriate mitigation $ such as soundproofing construction methods,building location and design, and careful 9 operations management. As a comparable,the only other animal shelter in Mason County has operated successfully in a rural residential neighborhood. 10 The Applicant will operate and maintain the subject improvement so that the premises are 11 cleaned daily, with feces and other deposits removed on a daily basis. 12 The one comparable site, Adopt-A-Pet,located in the southern portion of Mason County, is - 13 located in a rural residential-zone and-has-not-resulted-in neighborhood complaints regarding- - - noise or other concerns. 14 15 To prevent any instances of improper animal drop-off during hours when the facility is not attended,the Applicant proposes accessible kennel units that could be used by individuals at any 16 time to deposit an animal,with such units to be self-locking and secure to prevent re-opening or release of the animal until authorized staff are present to attend to the animals. 17 18 19 SPECIAL USE PERMIT CRITERIA 20 A) The proposed use will not be detrimental to public health,safety and welfare. 21 This proposed use will function in a manner similar to the only other animal shelter operating in 22 a distinct area of the county. That operation has been ongoing for approximately 25 years, and was the subject of an approved Special Use Permit in a residential area zoned RR5, with no 23 identified detrimental impacts, hazardous or objectionable conditions. The proposed improvement will provide a service that keeps stray animals from roaming neighborhoods and 24 communities in Mason County. 25 1 I B) That the proposed use is consistent and compatible with the intent of the 2 comprehensive plan. 3 This proposal is consistent with the County Comprehensive Plan. Essential Public Facilities are those that are typically difficult to cite. These facilities are permitted in rural areas with a special 4 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 public rights-of-way 5 and adjacent properties- 6 C) That the proposed used will not introduce hazardous conditions at the site that cannot 7 be mitigated through appropriate measures to protect adjacent properties in the 8 community at large. 9 No hazardous conditions are expected as a result of the proposal. There are no unique chemicals planned to be utilized on-site. Kennel floors will be covered with material suitable to enable 10 volunteers to collect and properly dispose of feces each day. 11 Appropriate fencing, structural and kennel enclosures will be incorporated to prevent animals 12 from becoming lose. - 1.3 -- -D)-That the-proposed-use is 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 14 Facilities Plan. 15 The proposal is served by multiple existing public facilities such as power, garbage, roads and 16 fire protection. An on-site septic system and well will be developed. 17 E) That the proposed use will not have a significant impact upon existing uses on adjacen 18 lands. 19 No significant impact is anticipated with respect to existing, adjacent land uses. The only immediately adjacent residential parcel is owned by the individual who has entered into the 20 purchase and sale agreement with the Applicant, with full knowledge of Applicant's intention to obtain permit approval to develop an animal shelter.No impact will result to the vacant 21 timberland (zoned RR10) situated to the East and South of the subject parcel. 22 Low level noise impacts from animals will be addressed through appropriate mitigation, such as 23 soundproofing construction methods, building location and design, and careful operations management.As a comparable,the only other animal shelter in Mason County has operated 24 successfully in a rural residential neighborhood. 25 �! 2 `-C 1 Lighting will be designed in a manner that will ensure that it does not unreasonably permeate through the vegetative buffers in any direction. 2 3 The structure will result in a very minor increase in impervious surface and there is no anticipated concern of stormwater or runoff impacts on adjacent parcels. 4 Traffic will access the proposed site via East North Mason High School Road. That roadway is 5 located to the North of the existing North Mason High School development, and currently serves 6 two residential parcels as depicted in photographs submitted by the Applicant. One regular employee will make a single trip in and a single trip out per day. Two additional volunteers per 7 day are anticipated.Each would each make a single trip in and a single trip out per day. Traffic levels from facility users will be limited and sporadic, with no significant adverse traffic impacts 8 anticipated. 9 I) If located outside the urban growth area that the proposed use will not result in the 10 need to extend the urban services. 11 The proposal should not result in a need to extend urban services. There are currently existing 12 road access and sanitation facilities for the site. 13- - Miscellaneous - _ -- --- - -- - - --- 14 This development does not conflict with the Comprehensive Plan in that the parcel is zoned 15 Rural Residential 10 and Essential Public Facilities are permitted in all zones with a special use permit. The proposal meets the intent of the Mason County Code.A safe facility to house stray 16 and abandoned animals is in the public interest. The proposal will not lower the level of service of transportation and/or neighborhood park or other facilities below the minimum standards 17 established within the Comprehensive Plan. 18 19 20 21 22 23 24 Xf 253 T23 Ri 31 NE SQUIR A-Co ANOW e ROUTE w z 0 Co uj, T22N141W ,(-BROOK LIN E Bali�� F A'TA'DR I r. its NTH MASON SCHO VLID C) SDR 0 N D 4, MAW 60 1 inch = 1,000 feet I I. p 1 inch = 0 miles vtnt4i fy 2- S E OMF \"BROOK j - - i f. T - E ALTA DR OR TH MASON SCHOOL RD -- ,/ T22NRlW m G w � A� SCR I I ESTATE ROUTE 30 2 z. Z J _U{rt 0 E SKYLARK CT w E WARBLER CTL w, _ N �D�2-0 4 W E �6666 1 inch = 600 feet rl 1 inch = 0 miles rwae 122057990051 122057990050 122057990063 122057790082 122057790084 122057800150 122057800040 122057990062 122057990052 122057990053 122057800160 122053400040 1220578000304 122057990043 122057990061 �X�,��,�•�,� 122057990042 122057990041 122057990014 122057800170 1220578900271 122057990031 122053490061 122057990032 122057990013 122057990022 122057990021 122057990011 122053490071 122053400080 122053490073 122057800010 122057990012 122053490072 E'ALTA DR 122085301021 122085307001 122082100030 122085302016 122082100010 122082100000 E NORTH MASON SCHOOL FtD 122085309013 122082100040 122082260000 GJ�1�' 122082100020 '22 RI 122081004000 t, 122082400000 *_ 122082360000 S• e: Es i, Di.gk globe,O- d,LWA Getm pp n.g, er•grid, IG sego e � se munihy 1 inch - 300 feet w E U GZPrrr��t..� 1 inch = 0 miles �����•�rn Y F' 122057990011 122053490072 7' 22 5 4 5-, i 220c3400�8C; E ALTA DR m 2 '.!'2 Lv 122 010310 i 1220821 03DD0 122082260000 122082100040 122082100020 F Source: E ri, Di.gitalGiobe, GeoEye, -cubed, SDA, U GS,AE�X, �e4mapPing,Aerogrid, IGN, IGP, Wfb—b,topo, a. d fha GIS ser C.o n'muniitky Z 1 inch = 100 feet 1 inch = 0 miles N_STA MASON COUNTY �to C DEPARTMENT OF COMMUNITY DEVELOPMENT M o s° = Planning Division ~ 0 T 2 P O Box 279, Shelton, WA 98584 �J y Y (360)427-9670 186A DETERMINATION OF NONSIGNIFICANCE (WAC 197-11-340) SEP2014-00058 Description of Proposal: Request for one 5-acre parcel in the Rural Area to be rezoned from Rural Residential 10 zone to Rural Commercial 2 zone (DDR2014-00067). The applicants request this zone designation so that an animal shelter to serve county property owners may be established on the property. Proponent: HUMANE SOCIETY OF MASON COUNTY Location of Proposal: 350 E NORTH MASON SCHOOL RD BELFP0 i?- wji Parcel Number: 122082100040 Legal Description: TR 4 OF NE NW Directions to Site: FOLLOW ST RT 3 TO BELFAIR, R ON NORTH MASON SCHOOL RD TO SITE ADDRESS ON THE RIGHT SIDE Lead Agency: Mason County The Lead Agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21 C.030(2)(c). This decision was made after review of a completed Environmental Checklist and other information on file with the Lead Agency. This information is available to the public upon request. Please contact Allan Borden at ext. 365 with any questions. This DNS is issued under WAC 197-11-340(2). The Lead Agency will not act on this proposal for 14 days from the date shown below, when the determination is final. Comments must be submitted to Dept. of Community Development, P.O. Box 279, Shelton WA 98584 by 10/23/2014. Appeal of this determination must be filed within a 14-day period following this final determination date, per Mason County Code Chapter 15.11 Appeals. / Authorized Local government Official Date MASON COUNTY erc"" " " (� 9 DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Division P.O. Box 279, Shelton,WA 98584 (360) 427-9670 DDR2014-00067 NOTICE OF SPECIAL USE PERMIT. Notice is hereby given that the Humane Society of Mason County,who is the applicant of the proposed development on the property described below, has filed an application for a Special Use Permit for the development of: Construction of an animal care facility operated by this non-profit organization on one parcel in the Rural Residential 10 zone. Planned buildings, parking, and the provision of stormwater treatment on the one parcel To operate this non-profit enterprise as an essential public facility in this Rural zone, the applicant must apply for a Special Use Permit and receive public hearing review and approval by the County Hearing Examiner. Parcel Number: 12208-21-00040 (5.0 ac.). Site Address: At 350 E North Mason School Rd., Location of Project: along the east side of the North Mason School campus and about 2 miles north of Allyn WA. and 1.5 miles south of Belfair.; within the northwest 1/4 of Section 8, Township 22 N., Range 1 W. in Mason County Washington. Said proposed development is subject to Special Use Permit review (M.C.C. 17.05.040) and associated Mason County Development Regulations standards. Any person desiring to express their view or to be notified of the action taken on the application should notify in writing of their interest to: MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 426 WEST CEDAR ST. SHELTON,WA 98584 The comment period is at least 10 days from the final date of publication given pursuant to M.C.C. 15.07.030 (public notice). Final date of publication,posting or mailing of notice is November 6, 2014. Written comments will be accepted up to the date of the Hearings Examiner public hearing Tuesday November 18, 2014; 1:00 PM. in Mason Co. Building I Commissioners' Chambers. Contact this office at(360)427-9670, ext. 365 for further information. This construction proposal is exempt from further environmental review per WAC 197-11-800(1)(c). (+ AFFIDAVIT OF POSTING NOTICE At C 'wlc `LE Z6� STATE OF.WASHINGTON ) ss. COUNTY Ol� MASON ) do hereby certify that I posted copies of the attached on _ day of 20_!_� in public places.as follows: one at one at Rive U11 , one at Ih witness whereof, the party has signed this Affidavit of posting Notice this day Of /v 0 , 20 . By: �Q Address: STATE OF WASHINGTON ) ss. COUNTY OF MASON ) to me this a ,, / Subscribed and sworn ����'� Y of / C�✓Q��� }"Z0—Yo't BONNIE L..CAP Notary Public fo he t to of Washington NOTARY PUBLIC Residing at IV STATE OF WASHINGTON Commission pires My Commission Expires June 6,2018 State of 6'f'6 UJ{" ST.XTE REPRESENTATIVE Washington AGRICULTURE& 35"'LEGISLATIVE DISTRICT House of NATURAL RESOURCES DREW MACEWEN ASSISTANT RANKING MEMBER ASSISTANT MINORITY WHIP Representatives BUSINESS&FINANCIAL ST.1TE SERVICES RECEIVEDCAPITAL BUDGET m ASSISTANT RANKING MEMBER 2 9 2014 O C T EARLY LEARNING& isse aoy HUMAN SERVICES 426 W: CEDAR STD October 8, 2014 Barbara Adkins Mason County Department of Community Development 426 W Cedar St Shelton, WA 98584 RE: Rezoning Permit for Mason County Animal Shelter Dear Director Adkins, I am writing to share with you my support for the proposed site of a new facility for the Humane Society in Mason County. I believe this facility will improve the ability of the Humane Society to offer services to the residents of our county. Mason County lacks the facilities to adequately meet the animal welfare needs of our community. This project would be a tremendous step forward, at no cost for local taxpayers. The Humane Society is a well-regarded non-profit agency, and I am pleased to stand in support of their efforts in Mason County. If I can be of assistance on this or future projects, please do not hesitate to contact me. Very truly yours, Drew MacEwen Member House of Representatives LEGISLATIVE OFFICE: 431 JOHN L.O'BRIEN BUILDING • PO BOX 40600,OLYMPIA,WA 98504-0600 • 360-786-7902 E-MAIL: Drew.MacEwen@leg.wa.gov TOLL-FREE LEGISLATIVE HOTLINE: 1-800-562-6000 • TDD: 1-800-635-9993 • www.leg.wa.gov PRINTED ON RECYCLED PAPER �.x .._. , �I(.•Ali I ',. i 350 E NOW, L Mason School RI z„ i :-S # I :rv;.yt�rl: � n � 3 i b 4" a $S E i.il ' x.. PH loctlo5 uost:y4 §r5, tRAoN 3 OSE w . .'r 360 E North Macon School Rd Street View•Search nearby - I I i W ♦�°' °p��,A 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 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 clarification on these issues please contact Tammi Clark, Planner with Mason County at 360-427-9670 x295. i 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 {PAO662027.DOC;1113009.90000W) land designed, constructed and used to house farm implements, livestock or 1 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 i6 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 Designate tion. 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/} i 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 MCC 1.05.044,which are quoted and addressed below. 5 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✓} 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✓1 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 this 2-day of May, 2007. 15 16 17 18 Phil A. 01brechts 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/) 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 1 I February 5, 2007 Exhibit 11: Letter from Settle&Johnson I 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 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 tom 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 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. Vlll. 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 f 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 5V0 GO SOS �P t f � � I ' 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 140C>PT_ A _p ET Telephone # 3G6) 937_309 1 au-sc�1G Mailing address cR— P.o. N»=L..TOK , 4R s=,!1 Site address 940 ��-lsctV �orD, St�Er<..Tc�rV Tax Parcel #32137 - 2�_- 96002 Legal Description MW %a hl W_y4y S CGT(Q N 32 ,To w t l sk to Z 1� N otizt l} RA 1J G wr~,ST w.t`1. Type of Special Use Permit: Communications Tower Accessory Dwelling Unit Oversize Construction Other DOG On a separate piece of paper,please state your reasons for requesting a Special Use Permit. Be sure to address the followingiiteri 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: S1,010.00 - 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:\PLANNINGIC&RPACISPECIALUSE.PER REVISED:427/05 Egli- a a- X5 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: O 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. O 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. I ❑ 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 0, pfL M En11r FOR r-4 z0rT-^-PET Special Use Permit: $1,010.00 - Hearings Examiner: $540.00 Applicant will also be billed for all advertising costs.Acceptance of this application,by Mason County does not guarantee approval. IAPLANNING\C&RPAC\SPECIALUSE.PER REVISED:04/27/05 E Y-", z I -s dF s FOR VARIANCE REQUEST Publication cost is the responsibility of the applicant. Final permit processing will not occur until advertising fees have been paid to the newspaper by the applicant. The Shelton-Mason County Journal will bill the applicant directly. I/WE tnderstand that I/WE must sign and date the attached acknowledgment indicating and that I/WE understand that is MY/OUR responsibility. I/WE must submit the signed page as part of application in order for it to be considered as complete. DATE l-Wop-r-n- OWNER _)qz)o tv APPLICANT \\CLUSTERI HOME SERVER\HOME\COMMON\PLANNING\PAC\VARIANCES\Mason County Variance app-doc LIST OF ADJACENT PROPERTY OWNERS WITHIN 300 FEET OF YOUR PROPERTY BOUNDARIES FOR VARIANCE REQUEST Addresses are to be obtained from the Mason County Assessor's Office, Bldg. 1, Second Floor. AL.%- P/n2cE%.. M02 HAVE t3`Z l'irtscL���NG. e1 AtriL . Z'�90ocr w�r�t,ag�,G. MA RK>C.Y•4t_Ots. 22p � S•t'o� tTRtI�7R: T�L. P�cat, Z3� OdZI -,yot�fS� M -tv IF Q Box 20%8 , s HCR--ro K 1r/4 rzC eL1 LZ 7 00 ZO v=- L•ONcs , Tito"IRS 9S'7 1r �x7a5EN R.D., btEE�.7otJ P/A tCc EmLL ZZ C Gw t,o SE 1.,•L-EG, T3tZ�sc� > Nr1t'�c y t o$O E. •�6c/J S�tV FZtD. 5 M iii C.TOI.!" i�r�tRc c=. L Z 29 po$l L.YO�tI 13A Rt31"t ZA �'R2CEL �29ooa! �L ' ct.o PFUESKbwu) ToH G60ru-,fn MIjt=.rL)C, AjvwIIXE&-% S�qf t %i QO,51 av 34*1 Lr qrw cK vpKv- xv. MA E t..Zb tis- A#opt A-Pt�- po Qox I s9y SheA+on WA 1j85%1) CLl)S"It:RI HOME SL-RVER\HOME\COMNION\PLANNING\YAC\\'ARIANCES\l%4asonCount), Variance app_doc 01 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 addltion, 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. i i i For Adopt-A-Pet by, Don Nichols, President CULVERTS UNDER ROAD ----- - _... —--- ---------- ---- ---- EXISTING CHAIN-LINK KENNELS — - -- --- TYPE 1 TO BE REMOVED STREAM 1 WATERLINE /^\ VEGETATION BUFFER � 1LOGS:0-26" SOIL BLDG. I N GSL �i -- SETBACK! — OVER WATER TABLE FROM TILL®36" i/•� `` BUFFER < SOIL LOGS PRIMARY&RESERVE DRAINFIELD � t t PARKUX6`� t x' 8O i t es � PARKING \ NEW KENNEL O t t \\ 40%40' (Priovoctafl� `� t (Como.)KS t t \ SITE PLAN: S.. T 0 il.I V- FOR: AAP JOB#: - - C7m ,__ PARCEL#: 32132-22-00000 DATE: 18 APRIL 2006 �3�1'R4� BY: TJS DESIGN PAGE 3 OF _e! �v NORTH ARROW: SCALE. 1 — 60 0 TAHJA-SYRETT DESIGNS mb O of RANGE � _ � .- . . • - _ _ . Y SCALE 2200031 2290041 ... SP 1768 2290040 2200 030 90054 8 2200010 22 9005 S3 S S P 884 "7a -5 22 A S�.Lt.E fr 9o052 22 90051 Pt�/Kfo� LY72 K g P f1l OsL f:� C ` 220002o ! 9CCC� S 161142 gI p Qs�.0 2390002 2390001 / weRew, y:�,3 9cZ>3� SP 22-53 d(>► ,g 2390003 2390044 Y w Sp 2259 a, a 23 90013 1c) a ao 23 90004 9 60 23 It s! a 2390012 a ` °D 3290111 O-H'77 F z Sp 22sT 2390011 Z x x F 3290112 3 `� 3290094 G _ 90113 - ¢ 3290093 32 90092 Z w 3290114 SP 2263 i� `�� 32s1 PCL I .: co- BLA 97-31 N ✓ENSEN'- RD 3200000 BLA 97-31 SP 22T2 z s _ S 17/209 J w a 3200050 1 32 00030 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 1 at, 2007 i i �Y- 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 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). oN-STATE MASON COUNTY o Py o DEPARTMENT OF COMMUNITY DEVELOPMENT o N Planning Division 7 N Y O 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. In �'nn'uJ Tammi Clark Land Use Planner Mason County Planning Department bt 6,b - -7 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 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 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 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 i y 1MW Kf.VWV L i'LDG• 'Tb ILEA Att2.eGTLY Ulk-lAt"n f � � i i fi _ 7 E s vt-cW �ftt�M ..1� t5'�ht TAt� 2/7/2007)Tammi Clark- adopt a pet Letter.doc Page 1 SETTLE&JOHNSON P.LL.c. ATTORNEYS AT LAW ANGLE BUILDING P.O.BOX 1400 SHELTON,WASHINGTON 985B4 BENJAMIN H.SETTLE TELEPHONE ROBERT W.JOHNSON (380)428.9728 FAX (3W)42B-19M 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." EXU t ) 1 I c ,� 2/7/2007)Tammi 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 14M SHELTON.WASHINGTON 98684 (360)426-9728•FAX(360)4M 1902