Loading...
HomeMy WebLinkAboutDDR2011-00081 Special Use Permit Hearing - DDR Letters / Memos - 10/17/2011 October 17, 2011 Notice of Decision Case: DDR2011 -00081 Applicant: Randy and Lois Henderson. Notice is hereby given that Randy and Lois Henderson, who are the applicant for the above-referenced Mason County Special Use Permit, have been granted approval of that Special Use Permit. The request was reviewed on September 27, 2011 by the Mason County Hearing Examiner and approved with four conditions pursuant to the Mason County Title 17.05.044 Special Use Permit review to establish a cottage industry commercial land use (and 16 sq. ft. area sign) on parcels in the Rural Residential 5 zone at 1 mile southwest of the Allyn Urban Growth Area. The proposal was exempt from SEPA review per WAC 197-11-800 (1 ). This is a final County decision. No further appeals to the County are available. Appeal may be made to Superior Court or the appropriate administrative agency as regulations apply. It is the appellant's responsibility to meet all legal requirements of any appeal process. If you have questions or require clarification on these issues, please contact Allan Borden, Senior Planner with Mason County Dept. of Community Development at 360-427-9670 x365. HAWORMPermit Reviews\Decision coversheet.doc RECE� D OCT 14 201 1 BEFORE THE HEARING EXAMINER FOR MASON CdM#V0. PLANNIH DERV 2 Phil 01brechts, Hearing Examiner 3 4 RE: Randy and L ise Henderson FINDINGS OF FACT, CONCLUSIONS 5 OF LAW AND FINAL DECISION Special Use Permit 6 #DDR2011-000081 7 INTRODUCTION 8 The Applicants seek approval of a cottage industry to build a 1,584 building to house 9 a retail knitting business and a barber shop. The application is approved with 10 conditions. 11 ORAL TESTIMONY 12 Allan Borden, County planning staff, clarified that the need for the special use permit 13 is triggered by the parking needed for the project. Mr. Borden submitted Ex. 9, not 14 listed in the staff report, composed of photographs of the project. 15 Randy Henderson, Applicant, clarified the location of the parking and signage for the project. He noted that the signs wouldn't block visibility of vehicles accessing the 16 site. 17 EXHIBITS 18 17 All exhibits identified in the "Case Index" of the September W,2011 staff report are 19 admitted. In addition, an 8x 11 compilation of three color photographs was admitted during the September 27, 2011 hearing. 20 FINDINGS OF FACT 21 Procedural: 22 23 1. Applicant. The applicants are Randy and Louis Henderson. 24 2. Hearing. The Hearing Examiner conducted a hearing on the subject application on Septemberl<, 2011 at 1:00 p.m., in the Mason County Commissioners 25 Meeting Chambers. Zq Substantive: SUP P. 1 Findings, Conclusions and Decision {PA0810117.DOC;1\13009.900000\} 3. Site/Proposal Desc ion. The Applicants propose a cottage industry one mile 1 southwest of Allyn State Route 3. The cottage industry will be composed of two 2 separate businesses in one new 1,584 square foot building. The businesses are a barber shop and a knit shop. The businesses are existing and would be relocated from 3 a site two miles away. County regulations require 8 parking spaces and one handicap stall for the two businesses. The parcel for the proposed businesses is 4.18 acres in 4 area, located along the east side of SR 3, and has an older residence and several outbuildings in the central area (Ex. 5). General topography is flat (less than 5%) in 5 the west half and just over 10%in the southeast portion. The well house is located in 6 the northeast portion of the parcel. 7 4. Characteristics of Area. In the vicinity are Stretch Island Fruit Company facilities (400 feet to the south) and several residences on 2.00+ acre properties and other 8 vacant properties on both sides of the state highway. Sherwood Creek is situated 9 1,000 feet to the west,flowing north to Allyn and Case inlet. 10 5. Adverse Impacts. There are no adverse impacts evident from the record. No one spoke in opposition to the project. As shown in Ex. 5, the parcel is separated by a 11. significant amount of trees and other vegetation from adjoining residential uses. The proposal and adjoining uses are also on large parcels assuring sufficient buffering. 12 The proposed businesses are also quiet and occupy a relatively small space with no noise, odor or other impacts that would affect adjoining uses. The conditions of 13 approval assure adequate parking, screening from SR 3, stormwater control and 14 adequate septic and water. The staff report notes that there are adequate roads, water and fire protection. The Applicants will have to acquire a State Road Access Permit 15 from the Washington State Department of Transportation to assure safe vehicular access to and from SR 3. 16 17 CONCLUSIONS OF LAW 18 Procedural: 19 1. Authority of Hearing Examiner. MCC 15.03.050(10) and 17.05.42 20 provide the Examiner with the authority to review and act upon Special Use Permits. 21 Substantive: 22 2. Zoning. The area is zoned as Rural Residential 5. 23 3. Review Criteria and Application. MCC 17.04.222(b) authorizes cottage 24 industries in RR 5 districts. However, 17.03.021 provides that a special use permit is required for any cottage industry that fails to meet all requirements of MCC 25 17.03.021(1)-(7). MCC 17.03.021(l) provides that parking must be limited to residents and employees. Since the Applicants are proposing services that trigger parking requirements for barber and yam shop customers, a special use permit is required. MCC 17.03.021 also requires that cottage industries comply with Mason SUP p. 2 Findings, Conclusions and Decision {PA0810117.DOC;1\13009.900000\} County Comprehensive Plan Policy RU-524A. Applicable special use criteria are 1 quoted below and applied through corresponding conclusions of law. 2 MCC 17.05.044 SPECIAL USE REVIEW CRITERIA: 3 (1) That the proposed use will not be detrimental to the public health, safety and 4 welfare. 5 4. As identified in Finding of Fact No. 5, there are no adverse impacts 6 associated with the proposal as conditioned. The proposal also fosters economic development. The proposal will not be detrimental to public health, safety and 7 welfare. 8 (2) That the proposed use is consistent and compatible with the intent of the 9 Comprehensive Plan. 10 5. Comprehensive Plan Policy RU-524A contains numerous requirements that apply specifically to cottage industries. It provides that cottage industries should be used to 11 provide opportunities to supplement a family income, start up a business or establish a work place at home. It further provides that the scale of the business should be 12 consistent with these types of uses. The proposed businesses will be located in a building that is only 1,583 square feet in size. The Applicants have also noted in their 13 application materials that they will have less than 25 customers per day. The small 14 size of the building and the apparently low intensity of the proposed businesses (barber and knit shops) appear to marginally comply with the scale required of a 15 cottage industry. The project will be conditioned as limited to a yearly average of below 25 customers per day, with the intent that if the business attracts more 16 customers that the Applicants will either apply for an amended special use permit, 17 apply for a rezone or relocate the business to an area more suited for commercial development. 18 RU-524A also requires the Applicants to live on the property. It is not immediately 19 clear from the record if the Applicants propose to comply with this requirement, so it will be made a condition of approval. 20 21 RU-524A provides that no equipment or process shall be used in the cottage industry that creates noise, vibration, glare, fumes, odors, or electrical interference detectable 22 to the normal senses off the property. The proposal will not generate any of these impacts. 23 RU-524A prohibits any exterior alteration of the buildings or premises that are not 24 consistent with residential use,except for one sign up to thirty-two square feet in area. 25 MCC 17.03.021(5) requires a special use permit for any sign that exceeds 16 square feet in area. MCC 17.03.021(4) allows more than one cottage industry on a parcel, "provided that all of the criteria are met for all business combined". The latter requirement establishes that the 16 square foot limitation applies regardless of how SUP p. 3 Findings, Conclusions and Decision {PA0810117.DOC;1\13009.900000\} many businesses are located on site. The Applicants would need a special use permit 1 for a sign that exceeds the 16 square foot limitation. The staff report notes that the 2 purpose of the special use permit application was to authorize parking for customers. It doesn't appear that there was anything in the planning files (at least to the extent 3 admitted into the record) that would have provided any notice to the public that the special use permit application also encompassed a request to exceed the 16 square 4 foot requirement. The notice for the special use permit hearing didn't identify any specific reason why the special use permit review was triggered. Unfortunately, 5 given these circumstances the Examiner has no authority to authorize a sign that 6 exceeds 16 square feet in area. Beyond the 16 square foot sign, the Applicants propose no exterior alterations that are inconsistent with residential use. 7 Finally, RU-524A prohibits a cottage industry from creating excessive traffic or 8 adding parking facilities beyond those necessary for the operation. The staff report . concludes that the roads are adequate to handle the traffic generated by the proposal 9 and the parking proposed is the minimum required by County parking standards. 10 For the reasons discussed above, as conditioned the proposal is consistent with RU- 11 524A. There are no other comprehensive plan policies that are more specifically applicable to the proposal and the benign impacts of the proposal and its 12 compatibility with adjoining uses assures compliance with all more general 13 comprehensive plan policies. 14 (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 15 the community at large. 16 6. Chemicals associated with hair salons can sometimes be toxic and/or 17 hazardous (it's unknown how much of an issue this is with barber shops as opposed to salons). Staff should consult with the County health department and Applicants to 18 ensure that adequate measure are taken for the disposal of hazardous chemicals (if any)used in the barber business. 19 (4) That the proposed use is served by adequate public facilities which are in place, 20 or planned as a condition of approval or as an identified item in the County's Capital 21 Facilities Plan. 22 7. As suggested at page 3 of the staff report, the Applicants will be required to have a septic system designer validate that the proposed building and intended 23 businesses will have no adverse effect on the existing and proposed well' and on-site waste water treatment system. As noted in the Findings of Fact, all other public 24 facilities are adequate. 25 1 Another part of the staff report, page 4, states that the site is served by a public water system. Obviously, if there is no on-site well there will be no need for validation of its adequacy. SUP p. 4 Findings, Conclusions and Decision {PA0810117.DOC;1\13009.900000\} 1 (5) That the proposed use will not have a significant impact upon existing uses on 2 adjacent lands. 3 8. As noted in the findings of fact, the proposal will not create any significant adverse impacts. 4 (6) If located outside an Urban Growth Area, that the proposed use will not result in 5 the need to extend urban services. 6 9. The proposal will not create any need to extend urban services. 7 MISCELLANEOUS CRITERIA FOR ALL HEARING EXAMINER REVIEW: 8 MCC 15.09.055(C): Required Review: The Hearing Examiner shall review 9 proposed development according to the following criteria: 10 1. The development does not conflict with the Comprehensive Plan and meets 11 the requirements and intent of the Mason County Code, especially Title 6, 8, and 16. 12 2. Development does not impact the public health, safety and welfare and is 13 in the public interest. 14 3. Development does not lower the level of service of transportation and/or neighborhood park facilities below the minimum standards established within the 15 Comprehensive Plan. 16 10. As previously discussed, the proposal is consistent with the Mason County Comprehensive Plan. The project is exempt from SEPA review under WAC 197-11- 17 800(1)(C)(iii). The proposal is conditioned to verify compliance with County septic 18 regulations (Title 8). No division of land is proposed so Title 16 is not applicable. As determined in the Findings of Fact, the proposal will not create any significant 19 adverse impacts and promotes economic development so it does not impact public health, safety and welfare and is in the public interest. The staff report concludes that 20 the proposal will not lower level of service for transportation and park facilities below 21 adopted standards and this finding is consistent with the type and intensity of use proposed. 22 DECISION 23 The proposal is approved subject to the conditions identified in the staff report as well 24 as the following: 25 1. The owners of the cottage industries shall reside on the property. 2. The average earl number of customers shall be below 25 per day. g yearly P Y SUP p. 5 Findings, Conclusions and Decision {PA0810117.DOC;1\13009.900000\} 3. Staff shall consult with the County health department and Applicants to ensure 1 that adequate measures are taken for the disposal of hazardous chemicals (if any) 2 used in the barber business to the extent required by County regulations. 4. As noted in the staff report, the Applicants will have a septic system designer 3 validate that any on-site water system and septic system is adequate to serve the proposed building and businesses as required by County regulations. 4 5 Dated this 11 th day of October, 2011. 6 7 Phil Olbrechts Hearing Examiner 8 Mason County 9 10 APPEAL 11 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. 12 CHANGE IN VALUATION 13 14 Notice is given pursuant to RCW 36.7013.130 that property owners who are affected by this decision may request a change in valuation for property tax purposes 15 notwithstanding any program of revaluation. 16 17 18 19 20 21 22 23 24 25 SUP p. 6 Findings, Conclusions and Decision g {PA0810117.DOC;1\13009.900000\} RECEIV D OCT 14 201 1 BEFORE THE HEARING EXAMINER FOR MASON Cd>P VVO. PLANNIN DEPL 2 Phil Olbrechts, Hearing Examiner 3 4 RE: Randy and Louise Henderson FINDINGS OF FACT, CONCLUSIONS 5 OF LAW AND FINAL DECISION Special Use Permit 6 #DDR2011-000081 7 INTRODUCTION 8 The Applicants seek approval of a cottage industry to build a 1,584 building to house 9 a retail knitting business and a barber shop. The application is approved with 10 conditions. 11 ORAL TESTIMONY 12 Allan Borden, County planning staff, clarified that the need for the special use permit 13 is triggered by the parking needed for the project. Mr. Borden submitted Ex. 9, not 14 listed in the staff report, composed of photographs of the project. 15 Randy Henderson, Applicant, clarified the location of the parking and signage for the project. He noted that the signs wouldn't block visibility of vehicles accessing the 16 site. 17 EXHIBITS 18 All exhibits identified in the "Case Index" of the September 14, 2011 staff report are 19 admitted. In addition, an 8x 11 compilation of three color photographs was admitted during the September 27, 2011 hearing. 20 FINDINGS OF FACT 21 Procedural: 22 23 1. Applicant. The applicants are Randy and Louis Henderson. 24 2. Hearing. The Hearing Examiner conducted a hearing on the subject application on September 14, 2011 at 1:00 p.m., in the Mason County Commissioners 25 Meeting Chambers. Substantive: SUP P. 1 Findings, Conclusions and Decision {PA0810117.DOC;1\13009.900000\} 3. Site/Proposal Description. The Applicants propose a cottage industry one mile I southwest of Allyn State Route 3. The cottage industry will be composed of two 2 separate businesses in one new 1,584 square foot building. The businesses are a barber shop and a knit shop. The businesses are existing and would be relocated from 3 a site two miles away. County regulations require 8 parking spaces and one handicap stall for the two businesses. The parcel for the proposed businesses is 4.18 acres in 4 area, located along the east side of SR 3, and has an older residence and several outbuildings in the central area (Ex. 5). General topography is flat (less than 5%) in 5 the west half and just over 10% in the southeast portion. The well house is located in 6 the northeast portion of the parcel. 7 4. Characteristics of Area. In the vicinity are Stretch Island Fruit Company facilities (400 feet to the south) and several residences on 2.00+ acre properties and other 8 vacant properties on both sides of the state highway. Sherwood Creek is situated 9 1,000 feet to the west, flowing north to Allyn and Case inlet. 10 5. Adverse Impacts. There are no adverse impacts evident from the record. No one spoke in opposition to the project. As shown in Ex. 5, the parcel is separated by a 11 significant amount of trees and other vegetation from adjoining residential uses. The proposal and adjoining uses are also on large parcels assuring sufficient buffering. 12 The proposed businesses are also quiet and occupy a relatively small space with no noise, odor or other impacts that would affect adjoining uses. The conditions of 13 approval assure adequate parking, screening from SR 3, stormwater control and 14 adequate septic and water. The staff report notes that there are adequate roads, water and fire protection. The Applicants will have to acquire a State Road Access Permit 15 from the Washington State Department of Transportation to assure safe vehicular access to and from SR 3. 16 17 CONCLUSIONS OF LAW 18 Procedural: 19 1. Authority of Hearing Examiner. MCC 15.03.050(10) and 17.05.42 20 provide the Examiner with the authority to review and act upon Special Use Permits. 21 Substantive: 22 2. Zoning. The area is zoned as Rural Residential 5. 23 3. Review Criteria and Application. MCC 17.04.222(b) authorizes cottage 24 industries in RR 5 districts. However, 17.03.021 provides that a special use permit is required for any cottage industry that fails to meet all requirements of MCC 25 17.03.021(1)-(7). MCC 17.03.021(1) provides that parking must be limited to residents and employees. Since the Applicants are proposing services that trigger parking requirements for barber and yarn shop customers, a special use permit is required. MCC 17.03.021 also requires that cottage industries comply with Mason SUP p. 2 Findings, Conclusions and Decision {PA0810117.DOC;1\13009.900000\} County Comprehensive Plan Policy RU-524A. Applicable special use criteria are 1 quoted below and applied through corresponding conclusions of law. 2 MCC 17.05.044 SPECIAL USE REVIEW CRITERIA: 3 (1) That the proposed use will not be detrimental to the public health, safety and 4 welfare. 5 4. As identified in Finding of Fact No. 5, there are no adverse impacts 6 associated with the proposal as conditioned. The proposal also fosters economic development. The proposal will not be detrimental to public health, safety and 7 welfare. 8 (2) That the proposed use is consistent and compatible with the intent of the 9 Comprehensive Plan. 10 5. Comprehensive Plan Policy RU-524A contains numerous requirements that apply specifically to cottage industries. It provides that cottage industries should be used to 11 provide opportunities to supplement a family income,start up a business or establish a work place at home. It further provides that the scale of the business should be 12 consistent with these types of uses. The proposed businesses will be located in a building that is only 1,583 square feet in size. The Applicants have also noted in their 13 application materials that they will have less than 25 customers per day. The small 14 size of the building and the apparently low intensity of the proposed businesses (barber and knit shops) appear to marginally comply with the scale required of a 15 cottage industry. The project will be conditioned as limited to a yearly average of below 25 customers per day, with the intent that if the business attracts more 16 customers that the Applicants will either apply for an amended special use permit, 17 apply for a rezone or relocate the business to an area more suited for commercial development. 18 RU-524A also requires the Applicants to live on the property. It is not immediately 19 clear from the record if the Applicants propose to comply with this requirement, so it will be made a condition of approval. 20 RU-524A provides that no equipment or process shall be used in the cottage industry 21 that creates noise, vibration, glare, fumes, odors, or electrical interference detectable 22 to the normal senses off the property. The proposal will not generate any of these impacts. 23 RU-524A prohibits any exterior alteration of the buildings or premises that are not 24 consistent with residential use,except for one sign up to thirty-two square feet in area. 25 MCC 17.03.021(5) requires a special use permit for any sign that exceeds 16 square feet in area. MCC 17.03.021(4) allows more than one cottage industry on a parcel, "provided that all of the criteria are met for all business combined". The latter requirement establishes that the 16 square foot limitation applies regardless of how SUP p. 3 Findings, Conclusions and Decision {PA0810117.DOC;1\13009.900000\} many businesses are located on site. The Applicants would need a special use permit I for a sign that exceeds the 16 square foot limitation. The staff report notes that the 2 purpose of the special use permit application was to authorize parking for customers. It doesn't appear that there was anything in the planning files (at least to the extent 3 admitted into the record) that would have provided any notice to the public that the special use permit application also encompassed a request to exceed the 16 square 4 foot requirement. The notice for the special use permit hearing didn't identify any specific reason why the special use permit review was triggered. Unfortunately, 5 given these circumstances the Examiner has no authority to authorize a sign that 6 exceeds 16 square feet in area. Beyond the 16 square foot sign, the Applicants propose no exterior alterations that are inconsistent with residential use. 7 Finally, RU-524A prohibits a cottage industry from creating excessive traffic or 8 adding parking facilities beyond those necessary for the operation. The staff report concludes that the roads are adequate to handle the traffic generated by the proposal 9 and the parking proposed is the minimum required by County parking standards. 10 For the reasons discussed above, as conditioned the proposal is consistent with RU- 11 524A. There are no other comprehensive plan policies that are more specifically applicable to the proposal and the benign impacts of the proposal and its 12 compatibility with adjoining uses assures compliance with all more general 13 comprehensive plan policies. 14 (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 15 the community at large. 16 6. Chemicals associated with hair salons can sometimes be toxic and/or 17 hazardous (it's unknown how much of an issue this is with barber shops as opposed to salons). Staff should consult with the County health department and Applicants to 18 ensure that adequate measure are taken for the disposal of hazardous chemicals (if any)used in the barber business. 19 (4) That the proposed use is served by adequate public facilities which are in place, 20 or planned as a condition of approval or as an identified item in the County's Capital 21 Facilities Plan. 22 7. As suggested at page 3 of the staff report, the Applicants will be required to have a septic system designer validate that the proposed building and intended 23 businesses will have no adverse effect on the existing and proposed well' and on-site waste water treatment system. As noted in the Findings of Fact, all other public 24 facilities are adequate. 25 1 Another part of the staff report, page 4, states that the site is served by a public water system. Obviously, if there is no on-site well there will be no need for validation of its adequacy. SUP p. 4 Findings, Conclusions and Decision (PA0810117.DOC;1\13009.900000\) 1 (5) That the proposed use will not have a significant impact upon existing uses on 2 adjacent lands. 3 8. As noted in the findings of fact, the proposal will not create any significant adverse impacts. 4 (6) If located outside an Urban Growth Area, that the proposed use will not result in 5 the need to extend urban services. 6 9. The proposal will not create any need to extend urban services. 7 MISCELLANEOUS CRITERIA FOR ALL HEARING EXAMINER REVIEW: 8 MCC 15.09.055(C): Required Review: The Hearing Examiner shall review 9 proposed development according to the following criteria: 10 1. The development does not conflict with the Comprehensive Plan and meets 11 the requirements and intent of the Mason County Code, especially Title 6, 8, and 16. 12 2. Development does not impact the public health, safety and welfare and is 13 in the public interest. 14 3. Development does not lower the level of service of transportation and/or neighborhood park facilities below the minimum standards established within the 15 Comprehensive Plan. 16 10. As previously discussed, the proposal is consistent with the Mason County 17 Comprehensive Plan. The project is exempt from SEPA review under WAC 197-11- 800(1)(C)(iii). The proposal is conditioned to verify compliance with County septic 18 regulations (Title 8). No division of land is proposed so Title 16 is not applicable. As determined in the Findings of Fact, the proposal will not create any significant 19 adverse impacts and promotes economic development so it does not impact public health, safety and welfare and is in the public interest. The staff report concludes that 20 the proposal will not lower level of service for transportation and park facilities below 21 adopted standards and this finding is consistent with the type and intensity of use proposed. 22 DECISION 23 The proposal is approved subject to the conditions identified in the staff report as well 24 as the following: 25 1. The owners of the cottage industries shall reside on the property. 2. The average yearly number of customers shall be below 25 per day. SUP p. 5 Findings, Conclusions and Decision {PA0810117.DOC;1\13009.900000\} i 3. Staff shall consult with the County health department and Applicants to ensure 1 that adequate measures are taken for the disposal of hazardous chemicals (if any) 2 used in the barber business to the extent required by County regulations. 4. As noted in the staff report, the Applicants will have a septic system designer 3 validate that any on-site water system and septic system is adequate to serve the proposed building and businesses as required by County regulations. 4 5 Dated this 11 th day of October, 2011. 6 7 Phil Olbrechts Hearing Examiner 8 Mason County 9 10 APPEAL 11 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. 12 CHANGE IN VALUATION 13 14 Notice is given pursuant to RCW 36.70B.130 that property owners who are affected by this decision may request a change in valuation for property tax purposes 15 notwithstanding any program of revaluation. 16 17 18 19 20 21 22 23 24 25 SUP p. 6 Findings, Conclusions and Decision {PA0810117.DOC;1\13009.900000\} CASEINDEX Henderson Cottage Industry Special Use Permit DDR2011-000081 Exhibit# Date Description 1 September 27, 2011 Staff Report 2 August 5, 2011 Special Use Application, Layout Map and Supple ental Information 3 August 22, 2011 Vicinity Ma 4 August 22, 2011 Vicinity Aerial 5 August 17, 2011 Site Aerial 6 August 1, 2011 Site Plan of Development 7 August 15, 2011 Notice of Application 8 September 13, 2011 Affidavit of Posting Henderson SR3 cottage industry SUP case index.doc DDR201 1-000081 Page 1 of 5 Revised 9/14/11 Mason County i:�Yhl Department of Planning 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(DDR2011-00081)to establish a new commercial building on a parcel of Rural Residential 5 property southwest of the Allyn WA. HEARING DATE: September 27t', 2011 1:00 pm STAFF REPORT I. Project Description. This report evaluates the establishment of a new business and building(1,584 sq. ft. area) on one parcel with a residence and outbuildings in the Rural Residential 5 property 1 mile southwest of the Allyn 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 on Rural Residential 5 Lands in this area of Mason County, including traffic, parking area, and screening aspects. II. Applicant. Randy and Lois Henderson. III. Property Location.At 16590 E State Route 3, Allyn;one mile south of the Allyn Urban Growth Area(Exhibit#3); within the northeast '/4 of the northeast %4 of Section 31 Township 22N., Range 1W. in Mason County Washington. [Parcel# 12231-11-000001. IV. Evaluations. A. Characteristics of the site. The parcel is 4.18 acres in size, located along the east side of State Route 3, and has an older residence and several outbuildings in the central area(Exhibit#5). General topography is flat(less than 5 percent) in the west half and just over 10 percent in the southeast portion. The existing driveway enters the property from the northwest. The well house is situated in the northeast portion. B. Characteristics of the area. In the vicinity are Stretch Island Fruit Company facilities (400 feet to the south), and several residences on 2.00+acre properties and other vacant properties on both sides of the state highway. State Route 3 is a key transportation routes in the area between Allyn and Belfair, 1 to 5 miles to the north and Shelton 16 miles to the south. Sherwood Creek is situated 1,000 feet to the west, flowing north to Allyn and Case Inlet(Exhibit#4). Henderson SR3 cottage industry SUP staff reporLdoc DDR20 1 1-00008 1 Page 2 of 5 Revised 9/14/11 C. Shoreline Desi ng ation. Off to the west of the project area,the shoreline designation along Sherwood Creek is Conservancy Environment. Typical land uses are open space and single-family residential, except for the Stretch Island Fruit Company facilities. D. Comprehensive Plan Designation/Zoning. The Mason County Comprehensive Plan designation for the site is Rural Lands one mile from the Allyn Urban Growth Area. The zoning is Rural Residential 5,and cottage industries may be permitted land uses following Special Use Permit approval. V. SEPA Compliance. This proposed land use is SEPA exempt per WAC 197-11-800.1(c), as the proposed building is less than 12,000 sq. ft. in size. V1. 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 State Road Access permit for this proposed commercial use will need evaluation and approval by WA State Dept. of Transportation. VII. Public Notification of Hearing. The Notice of Application(Exhibit#7)was published in the Mason County Journal for two weeks on August 18 and 25,2011. On September 16, 2011 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 September 6, 2011. An Affidavit of Posting of the notices was completed on September 14, 2011 (Exhibit#8). VIII. 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. The applicants have applied for the review of a Special Use Permit to enable them to construct a commercial building(Exhibit#6)on a property with an existing residence and operate a barber shop and knit& spinning supply shop as a home occupation/cottage industry land use, as they former did within the Town of Allyn in the recent past. A. Mason County Development Regulations, Section 17.03.021 This special provision of the Cottage Industries section states that the proposed use may accommodate an area for parking for residents and employees; and if additional area for parking for use by the public/customers is needed,application and evaluation a Special Use Permit is required. Staff Response: As the Applicants propose the need for a parking area for 8 standard and one handicap parking stalls, a Special Use Permit is required. A Special Use Permit application was submitted by the Hendersons and includes supplemental information for consideration in their request(Exhibit#2). Their sheet of responses provides supportive information about the location, vicinity, access points, improvements present, water and septic treatment provided, and potential stormwater treatment provided 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? Henderson SR3 cottage industry SUP staff report.doc DDR2011-000081 Page 3 of 5 Revised 9/14/11 Staff Response: A driveway from State Route 3 already exist on the west side of the property. Proper ingress and egress can be secured by a State Road Access Permit from WA. State Dept. of Transportation, taking into consideration sight distances along the highway and the anticipated traffic generated from the change to a commercial 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 existing and proposed well and on-site wastewater treatment system. Proposed buildings will need to be at least 50 feet from side property lines and 40 feet from the front(road)property line. 2. Will the proposed use be consistent and compatible with the intent of the Comprehensive Plan? Staff Response: The applicant states that this commercial building proposal is consistent with GMA policies supporting protection of the environment, existing land uses,future residential land uses and rural character away from the urban growth areas. The Comprehensive Plan policies below are used for review: Cottage Industry within the Rural Area RU 523 Foster low impact cottage industries in the rural area in order to accommodate economic and employment opportunities outside ofRAC's, Hamlets and UGA's. RU 524A Permit Cottage Industries conducted as an accessory use within a single family dwelling or building accessory to a dwelling and which are wholly incidental and subordinate to the residential use of the property throughout the unincorporated portions of the County subject to the following criteria: Cottage industry is defined as limited small scale commercial or industrial activities including fabrication or production of goods or provision of services which are conducted without adverse impacts on the surrounding environment. The scale of the operation is considerably less than would require an outright rezone to industrial or commercial districts. Cottage industries are permitted in order to provide opportunities to supplement a family income, start up a business, or establish a work place at home. A cottage industry shall not grow beyond the scale permitted for such activities unless it is moved to a location designated for commercial or industrial uses. Cottage industry activities shall consist of a limited-scale service or fabrication. RU-531 Resource-based industrial and commercial uses should be allowed to locate or expand in 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.. The policies noted above reinforce that the location of this proposed small-scale commercial use will not be contrary to the goals of the Comprehensive Plan and Henderson SR3 cottage industry SUP staff report.doc DDR2011-000081 Page 4 of 5 Revised 9/14/11 that development standards under the Rural Residential 5 zone cottage industry land use will protect present and future land development in the vicinity. 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: 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 already is the site of a single-family residence with associated outbuildings. The proposed building and commercial land use will have associated parking areas to the west of the planned structure and stormwater infiltration ditches 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? 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#5 station is 1.5 miles to the north in Allyn. 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? Staff Response: The project as proposed will not have any significant impacts upon the existing use on adjacent lands. The surrounding land uses to the north, west, south and east are residential on medium-sized parcels. Land uses to the southwest are commercial/industrial land uses. 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 south property lines. The anticipated trafc from the barber shop and knit shop uses is estimated to be a mild generator, will have a state-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? Staff Response: The proposal is one mile to the southwest of the Allyn Urban Growth Area. The applicant states that the upgraded well and septic system, and stormwater infiltration ditches, 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 Henderson SR3 cottage industry SUP staff report.doc DDR20 1 1-00008 1 Page 5 of 5 Revised 9/14/11 i need to support the public facility associated with the commercial building and provided to proper state health standards. Title 8 - The proposal will be located outside of stream, shoreline, wetland, or landslide hazard critical areas and buffers as much as possible. No special studies are needed for the review of this proposal. Title 16—Existing lots of record are owned by the applicants. No modification or combination of lots is necessary to propose the commercial building and parking areas. 2. The development does not impact the public health, safety and welfare and is in the public interest. Staff Response: The proposed project will provide safe access to the property (state road access permit) and the proper water and septic upgraded with the new land use. Perimeter plantings near structures and fencing adjacent to property lines can screen the proposed buildings and land uses from adjacent residential 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 parkfacilities would not be required for this land use and the minimum standards for parks established within the Comprehensive Plan will not be lowered. IX. Project Analysis: Based upon the review of these policies and regulations,the proposed commercial building and land use as a cottage industry conforms to the Mason County Development Regulations and the Comprehensive Plan. X. 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 vegetation plantings and fencing or fence panels along property lines to screen the new development from adjacent properties; and approved state highway permit for ingress and egress. 2) Adequate parking areas shall be provided for these land uses [1 stall per work station and per employee (barber) or per 300 sq. ft. of net floor area(retail)] 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. XI. Choices of Action. A. Approve. B. Approve with condition. C. Deny with prejudice (reapplication or resubmittal is not allowed for one year). Henderson SR3 cottage industry SUP staff report.doc Special Use Permit: $1,135 Mason County Permit Center Use: Plus Hearings Examiner: $2,005 or $670 for ADU's DDR Date Rcvd ^u MASON COUNTY L(��� DEPARTMENT OF COMMUNITY DEVELOPMENT 426 W Cedar Street/P.O.Box 186, Shelton,WA 98584 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. Type of Special Use Permit: ❑, Communications Tower ❑ Accessory Dwelling Unit ❑ Oversize Construction (Other: Applicant Name &JX1ieC,-)0oQ Telephone#(56!0) Mailing Address Site Address /6f Jf2 o ' t< Tax Parcel# Z 2-2-3 1 Legal Description Property Owner Names Project Description e57r-C a Z. r- �. _&L'hevr- ka)� q_ hCZ' Please provide a site plan that includes the following: 1) Indicate Scale and North Arrow. 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 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. I:\Community Development\PAC\SPECIAL USE Page 1 of 3 Updated 6/17/2010 8) Location of drinking water supply. Include location on the proposed site and surrounding parcels. 9) Steep bluffs,wetlands,streams,and bodies of water 10)Location of fire hydrants and emergency vehicle access roads, including grade. 11) Surface and storm water run-off routes. On a separate piece of paper,state your reasons for requesting a Special Use Permit and be sure to address the following six criteria. Your request will be evaluated based on these criteria. 1) Will the proposed use be detrimental to public health, safety,and welfare? 2) Will the proposed use be consistent and compatible with the intent of the Comprehensive Plan? 3) Will the proposed use introduce hazardous conditions,at the site,that 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) If located outside of an Urban Growth Area,will the proposal result in the need to extend urban services? #of Pages Attached: �r jj L� l Applicant(s) Signature r� Date O _ Publication Cost Agreement Publication cost is the responsibility of the applicant.Final permit processing will not occur until advertising fees have been paid to the newspaper by the applicant.The Shelton-Mason County Journal will bill the applicant directly. I/WE understand that I/WE must sign and date the attached acknowledgment indicating and that I/WE understand that is MY/OUR responsibility.I/WE must submit the signed page as part of application in order for it to be considered as complete. Signature of Property Owner Date Print Name OR Signature of Applicant Date Print Name IACommunity DevelopmentTAC\SPECIAL USE Page 2 of 3 Updated 6/17/2010 I have had Lois' Barber Shoppe for the last 17 years and the Allyn Knit Shop & Spinning Supply for the last 7 years and have been renting in the "Middleton" building for 17 years. Hugh and I have spoken about him selling the building and if that happens there is no other building in town that I could run both shops out of like I can now. Our proposed building would be on property we own right on highway 3, roughly 2 miles south from where my shops are located now. The Barber Shop and the Knit Shop are both very quiet businesses. 1) It would not be detrimental to public health, safety or welfare. 2) We feel the use would be consistent and compatible with the intent of the Comprehensive Plan. 3) No hazardous conditions will be introduced at the site. 4) We will have adequate public facilities in place. 5) There will be no significant impact upon existing uses of adjacent lands. 6) We are outside the UGA, but there will be no need to extend urban services. 7) Hours of operation Sun 12-4, Mon 10-8 Tues-Fri 8-5 Sat 8-4 8) Parking areas and building-see site plan 9) Erosion control will be straw and erosion control fencing as needed. 10) Honey bucket during construction and ADA restroom in building upon completion. 11) As discussed with State Highway personnel, less than 25 customers per day. APPLICATION FOR SPECIAL USE INFORMATION 1) North arrow is pointed back towards Belfair. 2) Scale on map is one block represents 50 feet. Heavy line common with Hwy 3 is the Right away line on lay out map. Property is 307 feet wide and 560 feet long. Proposed building is 45 feet from Hwy 3 and 104 feet from south property line. The building is 36 feet by 44 feet with a 3 foot over hang on all sides. 3) The proposed structure is 1584 sq./ft. 4) See map for other structures. Proposed building is 45 feet from Hwy 3 and 104 feet from south property line. 5) 2 each existing entrances will be expanded to meet commercial standards as already discussed with State Hwy office personnel Debbie Maker. North drive way will be used as an exit. The South drive way will be used as an entrance. There will be an expansion of the South drive way to best accommodate the parking area's. 6) There will be 8 standard parking spaces and one Handicapped Space per code. 7) The proposed sewage system is a pump tank located at the back of the building. That will use a solids pump to pump to the existing house tank which has 82 ft. of excess drain field. The current buildings water usage in Allyn is 30 gallons daily. See location of house tank and drain field on map. 8) The water will come from an on site well (Henderson well) this system is currently a 2 party system and will up graded to a group B well. Mike Davis has been contacted and consulted. Mr. Davis feels there will be no issues to convert the well to a group B well system. 9) There is a 4% grade in the area of the proposed structure and no wetlands or bodies of water. 10) Both the South exit and North entrance connect to make a loop and either can be used to access the property and are only a 4 % grade. 11) There are 2, 80 ft. infiltration (gravel less chamber trenches) located 10 ft. from the structure on the Hwy 3 side of the building. The first trench will handle the roof run off. The second, closer to Hwy 3 will handle the run off from the curtain drain from the drive way widening and the 4 standard parking places. The upper parking spaces and the road widening will be handled with the 66 ft. gravel trench at the back of the building and any over flow will be directed towards the existing natural swale paralleling Hwy 3 on map. All piping will pass thru a sump with a tee and filter prior to entering the trenches to prevent plugging the trenches. i RANDALL & LOIS HENDERSON ANDY TAYLOR P.O. BOX 598 40 E ADELLE LANE ALLYN WA 98524 ALLYN WA 98524 WILLIAM & CONSTANCE DECKMAN BEVERLY& DAVID WESTON P.O. BOX 1308 P.O. BOX 488 ALLYN WA 98524 GRAPEVIEW WA 98546 SHANNON LEINNEWEBER WAYNE WEGAN P.O. BOX 2835 703 7T" AVE. BELFAIR WA 98528 PRAIRIE FARM WI 54762-9111 JOSH SCHNIRCH WA STATE DEPT. OF NATURAL RESOURCES P.O. BOX 2003 DIV. OF LANDS & MINERALS BELFAIR WA 98528 P.O. BOX 47016 OLYMPIA WA 98504-7016 DEBRA GAU JERRY JAY HARDING P.O BOX 242 16460 E STATE ROUTE 3 ALLYN WA 98524 ALLYN WA 98524 NANCY BURROWS SUITE K 23969 E STATE ROUTE 3 BELFAIR WA 98528 r c w 3 G RD ° 00 _N\ P E ROU N� Ire, Puget So nd r a y� OO O y r 22.'i i Z O O o T22NR W , G CO A. sv Fy -� 1 c w i f NELSON R f` i E ME RILL R E C4 E HARDIN S HILL RD [ L I' i P WO 1 inch = 1,000 feet E 1 inch = 0.19 miles S '�tir�' �• wet � �aa •�. -N""F��� ,* ,fix-•+¢`-* �. • � ��- � r �•,''�--i,=�,.r. i� �x- it rl f�!.r .t•� yfM l�'. t l'.. t� i4. <« . �' * c '�$ ♦ ,.4[. dr 1 ' rF b,. 4 6 }'�.. *E i"'-1_� _U k i �? - •w\ s r s�7ngY' � " r> A x `':� 'fr8 i ,ice v. - �►'�.... *mow { i P - u It dv; �P,,, ' 44�s a� `"4} - • it - R.. 41• ii � g. � s y m �`"`- � r sar g . �e`' ��c r'��� _ .� `� �6-P�' ��t s' ,� �' j'y¢.'F �' ` �`• a. t .� "Arl m r . r K p -'� '�' 6; -P bra +'-ar.M,•! -a•'i s S if '� 1." A *r"' �� r � tea •. _x;ar %� '-a8 - �. -.- �� a �' �£' .� Ida .. . F.�J - .j k i� [� P' r � I"r - 1 ' - • ��...# 9 It f R LW �py eq ..p+r 1Llz p�R fit'' C : 4�'.�.� A_1c .Vie.r. � +!` _ �►'t fie- C�t;.. � �_ ��F f r,-_ �� },... a+:. .::���';i�` � �• '���� r �r a"�r i•.� �.<,jyl,,,.�`a� �y` ; at � i �ri �' _' � .m r}y}y.; , Fr ` �~�'� "'� F �� � �•��'. ! xa. '� °R^�4. �� ,+ g#M �. t r � pa4�'^_":` ��:.`t ..w�,'`' �{ y. � �a �}.�1 y •3_d rS "h, t 1.� -. "' .✓ !r ,k r g3�' y "f_ 'i`#Al A �5, .dE'M.sA�.y !` � • Z^'x.}�a w!4 +st ° t.+�` x i.yi ♦• ° r . °.'R`.<1Y g� ". Y� S .�- M.?+ �� ,�`�* - . -r +�i a .'i� R �.�`v- '^i•• w 7. ,✓x p��'►. I�(1 - � -_>��t c��"sX 4, '::� •C re a�` j „ram �, �, �"� .w �F ,�� ."f iC _` '1`� i/'�.-.� �:f-. �•'�.� x ��• a a IF Aa 4 Wool iL AP r . L +p r F 1 inch = 500 feet 1 inch = 0.09 miles UR AS. wo MEN 7 lei e 41 . '•' �. :y. ►' f1 ZZ _- F s f ii' �y - ► iplliwMr. r r _ T22NRIW Ilk ,P-1 AA rn (7Cich� •- y d :. ,.. . ALt W M N •'�T.'�l +lt . L-W, jib T. 1 inch = 100 feet c W E 1 inch = 0.02 miles S (17 t 9 a/f/f/a0� rl,/,7 /✓/9/.-171 Od lr wr 1717/ZIQ v 30' N It t, L--1� %9 o a `p rY _oev �'f Crt Q u Zr v I� 067TC �I ?n MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Division P.O. Box 279, Shelton,WA 98584 (360)427-9670 DDR2011-00081 NOTICE OF SPECIAL USE PERMIT. Notice is hereby given that Randy and Lois Henderson,who are the owners of the described property below,have filed an application for a Special Use Permit for the development of: Construction of a 1,584 sq. ft. commercial building(44 ft. by 36 ft. area),parking area, and n a 4.18 acre-propertyand zoned Rural Residential 5 zone. To operate a stormwater treatment o cottage industry business (barber shop and a knit shop) in this zone,the applicant must receive review and approval through a Special Use Permit public hearing by the County Hearing Examiner. Parcel Number: 12231-11-00000 (4.18 ac.) Site Address: 16590 E State Route 3,Allyn WA. Location of Project: East side of State Route 3 at 1.25 miles south of Allyn; within the northeast '/a of Section 31, Township 23 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 PO BOX 279 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 August 25,2011. Written comments will be accepted up to the date of the Hearings Examiner public hearing Tuesday September 27, 2011; 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(l)(c). (�x k'L b & 0 AFFIDAVIT OF POSTING NOTICE UDC' u t (-WON STATE OF WASHINGTON ) s So ss. COUNTY OF MASON ) I, do hereby certify that I posted copies of the attached "1 � in _ public places as follows: one at ky[A exod ahipt, S� rk 3 one at 3fj,G,404� a'e " Sfa one at 41(ka P*- Offlz� In witness whereof, the party has signed this Affidavit of Posting Notice this _ _d`ay of , 20_t( . By: Zl'� Address: ��r� �� J (cetAt W4 STATE OF WASHINGTON ) ) ss. COUNTY OF MASON ) Subscribed and sworn to me this �7 day of / 64C--J , 20 1/ ---------------------------- SUSAN M. ELLINGSON NOTARY PUBLIC 'jam. Notary Public f r the State of Washington ashington STATE OF WASHINGTON My Commission Expires Apr.30,2015 Is �------------------•--....... Residing at / J Commission Expires / �/ �/