BEFORE THE HEARING EXAMINER FOR THURSTON COUNTY

Transcription

1 BEFORE THE HEARING EXAMINER FOR THURSTON COUNTY In the Matter of the Application of ) NO. SUPT ) Southwest Washington ) FINDINGS, CONCLUSIONS Soccer Association ) AND DECISION ) For Approval of a Special Use Permit. ) ) SUMMARY OF DECISION The request for approval of a Special Use Permit (SUP) to construct and operate an athletic field complex at Tilley Road South, Thurston County, Washington is GRANTED, with conditions. SUMMARY OF RECORD Request: The Southwest Washington Soccer Association (Applicant) requested approval of a Special Use Permit (SUP) to construct and operate an athletic field complex with four soccer fields, related parking, lighting, storage, a clubhouse, locker rooms, and picnic shelters. The subject property is located at Tilley Road South, Thurston County, Washington. Hearing Date: An open record hearing on the request was held before the Hearing Examiner of Thurston County on April 1, Testimony: At the open record hearing the following individuals presented testimony under oath: Nancy Pritchett, Thurston County Development Services Jeff Snyder, Applicant Walt Robertson Steve Johnson, Thurston County Roads and Transportation Services Mat Jackmond

2 Marleen Jackmond Gary Duvall, Thurston County Environmental Health Exhibits: At the hearing the following exhibits were admitted: EXHIBIT 1 Development Services Department Staff Report dated April 1, 2002 Attachment a Notice of Public Hearing dated March 13, 2002 Attachment b Special Use Permit Application dated April 24, 2000 Attachment c Zoning/Site Map Attachment d Site Plan dated January 30, 2002 Attachment e Conceptual Site Plan dated October 13, 2000 Attachment f Mitigated Determination of Nonsignificance issued February 22, 2002 Attachment g January 11, 2002 Letter from John Ward, Thurston County Environmental Health Department Attachment h December 18, 2001 Memorandum from Steven Johnson, Roads and Transportation Services Department Attachment i March 7, 2002 letter from Dale Severson, Washington State Department of Transportation Attachment j May 15, 2000 letter from Shuming Yan, Washington State Department of Transportation Attachment k Access Agreement between Carl Leaming and Southwest Washington Soccer Association dated January 25, 2002 EXHIBIT 2 EXHIBIT 3 EXHIBIT 4 EXHIBIT 5 Statement Against Proposed Special Use Application (SUPT ) submitted by Mat Jackmond, undated Statement Against Proposed Special Use Application (SUPT ) submitted by Marleen Jackmond, undated Comments from Marilyn and Micheal McManus, undated Comments from William and Cynthia Turner, undated SWSA, SUPT Page 2

3 EXHIBIT 6 from Mat Jackmond dated March 29, 2002 EXHIBIT 7 from Marleen Jackmond dated March 29, 2002 EXHIBIT 8 Integrated Pest Management Plan dated January 30, 2001 Upon consideration of the testimony and exhibits submitted at the open record hearing, the Hearing Examiner enters the following Findings and Conclusions: FINDINGS 1. The Applicant requested approval of a SUP to construct and operate an athletic field complex with four soccer fields, related parking, lighting, storage, a clubhouse, locker rooms, and picnic shelters. The subject property is located at Tilley Road South, Thurston County, Washington. 1 Exhibit 1, Staff Report, page 1; Exhibit 1, Attachment a. 2. The subject property is outside the Urban Growth Area and is zoned Rural Residential Resource One Dwelling Unit Per Five Acres (RRR 1/5). Exhibit 1, Staff Report, page 2; Testimony of Mr. Jackmond; Testimony of Ms. Jackmond. Athletic facilities are allowed in the RRR 1/5 zone upon approval of a SUP. Exhibit 1, Staff Report, page 2; See TCC Table 1 of Uses (pg. 721 of TCC). 3. Surrounding properties are zoned RRR 1/5. Properties in the vicinity are primarily large tracts of undeveloped agricultural land with residences and agriculture-related structures. Residential parcels ranging from 5 to 20 acres occupy the nearby land east of Tilley Road. Exhibit 1, Staff Report, page 2; Exhibit 1, Attachment c. 4. The proposed site is a twenty-acre parcel that was previously used for agricultural purposes, including a dairy farm and a hay field. A residence and farm buildings are located on the site. Exhibit 1, Staff Report, page 2; Exhibit 1, Attachment e. 5. The Applicant proposes development in two phases. Phase I of the development would include installation of two soccer fields; a 2,100 square foot clubhouse and concession stand; a 2,100 square foot locker and shower facility; a 1,200 square foot covered picnic shelter; a 1,000 square foot storage building; a play structure; 90 gravel parking spaces; and a grassed overflow parking area for 13 vehicles. Phase II of the development would include two soccer fields; a 2,100 square foot locker and shower facility; a 1,200 square foot picnic shelter; and 90 gravel parking spaces. The 13 vehicle overflow parking would be removed as a part of Phase II. Exhibit 1, Staff Report, page 2. 1 The legal description of the property is Parcel E of Boundary Line Adjustment No. BLA TC as recorded under Auditor s File Numbers and Exhibit 1, Attachment b. The Applicant also submitted documents identifying the legal description as a portion of Section 27, Township 17 N, Range 2 W, W.M.; also known as assessor s parcel nos and Exhibit 1, Staff Report, page 1; Exhibit 1, Attachment d. SWSA, SUPT Page 3

4 6. A wetland and wetland buffer occupies a portion of the southeast corner of the property, which would be developed as a part of Phase I. Exhibit 1, Staff Report, page 2; Exhibit 8. The wetland buffer would remain in an undisturbed state. Exhibit 1, Attachment f. 7. The proposed athletic fields would be used primarily by adult leagues with the potential for use by youth leagues. Testimony of Ms. Pritchett; Testimony of Mr. Snyder. The athletic fields would be used for practice and games, and occasionally for tournaments. The Applicant currently has active leagues in the spring and fall, but proposes to operate year-round league play to the extent that the fields can sustain that quantity of use. In the application, the Applicant submitted that use of the fields would occur between 6:00 PM and 10:00 PM Monday through Friday and between 9:00 AM and 8:00 PM Saturday and Sunday. Exhibit 1, Staff Report, page 2; Testimony of Mr. Snyder. The Applicant submitted that a gate would limit access after hours. As a part of Phase II, the Applicant proposes to install field lighting. Exhibit 1, Staff Report, page The fields would have a grass surface. The Applicant would maintain the fields in accordance with an approved integrated pest management plan to minimize use of chemical fertilizers and pesticides. Testimony of Mr. Snyder; Exhibit The Applicant submitted that an existing well would provide water for irrigation and potable water. There is no existing sewage disposal at the site, but the Applicant proposes to provide an on-site septic system. Exhibit 1, Attachment b. The Applicant stated that there is a shared water right that originally belonged to a 105-acre farm. Water use at the athletic complex would be metered. Testimony of Mr. Snyder. 10. The Applicant intends to operate a small concession stand for sale of packaged items to players and spectators. There would be no cooking of food items and no restaurant operation. Testimony of Mr. Snyder. 11. Access to the proposed athletic field complex would be from Tilley Road South. The Applicant proposes to abandon the existing access and provide a new access point approximately 200 feet south of the existing access at the location of an existing easement. Exhibit 1, Attachment b. 12. The Applicant originally proposed to create 97 parking spaces as a part of Phase I. The current proposal would provide 90 gravel parking spaces and 13 grass overflow parking spaces in Phase I. As a part of Phase II, the Applicant would eliminate the grass overflow parking and would provide 90 additional gravel parking spaces. Testimony of Mr. Snyder; Exhibit 1, Staff Report, page 2. The Applicant performed a parking study at Yauger Park during a fall season of adult soccer, where back-to-back games occurred on weeknights. Based on the study, the Applicant concluded that each team averaged 15 vehicles. Therefore, parking lot use would average 60 vehicles for two simultaneous games. Between games, the parking lot use increased by 50 percent. The Applicant concluded that 90 spaces would be necessary for two fields and 180 spaces would be necessary for four fields. Tournament play would require additional parking capacity. SWSA, SUPT Page 4

5 Exhibit 1, Attachment b. The County planning staff required the Applicant to provide 88 parking spaces in Phase I (based on its calculation that each team would have 11 players) requiring 44 parking spaces for two simultaneous games. The County proposes that the Applicant double the parking to allow adequate parking between games and provide 88 parking spaces for Phase I. Testimony of Ms. Pritchett. 13. The Applicant proposes to light the soccer fields as a part of Phase II. Thurston County Code requires the Applicant to shield lighting from adjacent streets and properties. TCC The County planning staff submitted that its interpretation of the code requires the Applicant to prevent lighting from being spilled to off-site areas. Testimony of Ms. Pritchett. The Applicant stated that it planned to use total light control technology fixtures to reduce the impact of glare by cutting off glare and redirecting spill. The light poles would be between 60 and 90 feet high. Exhibit 1, Attachment b. Prior to installation of the lighting, the Applicant stated that it would hold a public meeting to present lighting plans and manufacturer information to neighbors. Testimony of Mr. Snyder. Any installation of lighting in the area would be visible to residents who currently reside in the area. This is because of the unique topographical characteristics that place some residents above the level of the proposed fields. Lighting would be visible to these residents even if there was no spill over, as light would be cast down upon what is no an unlit field. The intensity of sport field lighting is greater than that of residential lighting. Testimony of Mr. & Mrs. Jackmond. 14. The Applicant proposes to plant landscaping to help screen the soccer fields from view. An existing row of trees along Tilley Road would also remain. All development would be set back 800 feet from Tilley Road. Exhibit 1, Attachment b. 15. The Thurston County Public Health and Social Services Department submitted its analysis of the application with respect to sewage disposal, water supply, hazardous materials, and protection of ground and surface waters. The Department found that the projected peak daily wastewater flows would be 4,752 gallons per day and that the soils on-site were adequate for an approved septic system. The Department found that the existing well would be adequate under state law requirements. The Department had no concerns related to hazardous materials. The Department found that the proposal would pose a minimal risk to ground and surface waters. Exhibit 1, Attachment g. 16. The Thurston County Roads & Transportation Services Department issued a Memorandum dated December 18, 2001 that granted preliminary approval of the proposal, subject to conditions. Exhibit 1, Attachment h. 17. The Washington State Department of Transportation submitted a letter dated March 7, 2002 that required an Access Connection Permit and a southbound right turn pocket on Tilley Road at the proposed access point. Exhibit 1, Attachment i. 18. Pursuant to the State Environmental Policy Act, Thurston County was designated lead agency for review of environmental impacts caused by the proposal. The County issued SWSA, SUPT Page 5

6 a Mitigated Determination of Nonsignificance (MDNS) on February 22, 2002 containing seven conditions relating to wetland protection, stormwater treatment and discharge, erosion prevention, disposal of construction debris, wastewater treatment, groundwater withdrawals, and compliance with the requirements of WDOT. The MDNS was not appealed. Exhibit 1, Attachment f. 19. Notice of the open record hearing was mailed to property owners within 500 feet of the site on March 13, 2002, was posted on the property on March 22, 2002, and was published in The Olympian on March 22, Exhibit 1, Staff Report, page 3; Exhibit 1, Attachment a. The notice was legally given, but mailed notice did not reach some of the interested parties whom live outside the mailing requirement area. Testimony of Mr. Jackmond; Testimony of Ms. Jackmond; Testimony of Ms. Pritchett. 20. Neighbors of the site appeared at the hearing to ask questions and express concerns related to neighborhood impacts, lighting, noise, traffic, the extent of the proposed use, notice of the hearing, the appropriateness of this use outside the Urban Growth Area, groundwater contamination, groundwater supply, access road conditions, hours of operation, after-hours access to the site, reduction in surrounding property values, and use of chemicals and fertilizers. Testimony of Mr. Robertson; Testimony of Mr. Jackmond; Testimony of Ms. Jackmond. 21. The topography of the surrounding area has a natural amphitheater effect that amplifies sounds. Testimony of Mr. Jackmond; Testimony of Ms. Jackmond. The Applicant did not complete an analysis of proposed noise levels. Soccer games do not generally attract a large or vocal spectator population. Noise from soccer activity would be limited to the interactions between players. Testimony of Ms. Pritchett. CONCLUSIONS Jurisdiction The Hearing Examiner is granted jurisdiction to hear and decide applications for Special Use Permits pursuant to Chapter of the Revised Code of Washington and Chapter of the Thurston County Code. Chapter RCW authorizes the Hearing Examiner to hear and decide cases in the manner determined by County ordinances and consistent with state law. The Thurston County Board of Commissioners requires the Hearing Examiner to conduct an open record hearing and render a decision based on the record within ten (10) working days of the close of the hearing. The decision must be consistent with the general and specific criteria for review set forth in Chapter of the Thurston County Code. Criteria for Review The Hearing Examiner may approve an application for a Special Use Permit only if the standards set forth in Section of the Thurston County Code are met: SWSA, SUPT Page 6

7 A. General Standards 1. Plans, Regulations, Laws. The proposed use at the specified location shall comply with the Thurston County Comprehensive Plan and all applicable federal, state, regional, and Thurston County laws or plans. 2. Underlying Zoning District. The proposed use shall comply with the general purpose and intent of the applicable zoning district regulations and subarea plans. Open space, lot, setback and bulk requirements shall be no less than that specified for the zoning district in which the proposed use is located unless specifically provided otherwise in this chapter. 3. Location. No application for a special use shall be approved unless a specific finding is made that the proposed special use is appropriate in the location for which it is proposed. This finding shall be based on the following criteria: a. Impact. The proposed use shall not result in substantial or undue adverse effects on adjacent property, neighborhood character, natural environment, traffic conditions, parking, public property or facilities, or other matters affecting the public health, safety and welfare. b. Services. The use will be adequately served by and will not impose an undue burden on any of the improvements, facilities, utilities, or services existing or planned to serve the area. B. Use-Specific Standards 1. Golf and Athletic Facilities. a. Facilities built in conjunction with a particular residential development and used only by residents of that development and their guests shall be considered an accessory use and not as a special use. b. If the facility is to contain food service facilities or is intended to be used for tournaments, additional parking shall be provided as required. TCC (13). 2. Community Club, Homeowners Association, Private Club or Fraternal Organization. a. Minimum site area shall be twenty thousand square feet. b. Landscaping shall be required where necessary to preserve the appearance of the residential character of the neighborhood. There shall be a ten-foot SWSA, SUPT Page 7

8 buffer strip with visual screening on all sides abutting residential districts or uses. c. The building shall be of a design that will be compatible with the residences in the area. d. Parking shall not be less than the minimum required in Section ; however, the approval authority shall determine if additional spaces will be needed to guarantee that all user parking will be on the premises and will be adequate for the use. TCC (8). Conclusions Based on Findings 1. With conditions of approval, the proposed use at the specified location will comply with all applicable laws and plans. The County staff submitted that the proposal would comply with all applicable federal, state, regional, and Thurston County laws and plans. Thurston County Comprehensive Plan provisions applicable to the proposal include: Residential neighborhoods should be protected from incompatible land uses. a. Neighborhood identity should be preserved by maintaining natural boundaries. b. Vegetated buffers should be provided between arterials and residential developments, and between residential and non-residential land uses. Thurston County Comprehensive Plan, Chapter II, Section VI, Goal 1, Objective B, Policy 11 (page 2-38). The peace and quiet of residential neighborhoods should be provided for and maintained through the use of screens, open space, or other buffers, and controlled by noise standards. Thurston County Comprehensive Plan, Chapter IX, Section IV, Goal 1, Objective C, Policy 2 (page 9-7). Land uses or activities which produce noises should comply with the Washington State Noise Control Act and Thurston County laws. Thurston County Comprehensive Plan, Chapter IX, Section IV, Goal 1, Objective C, Policy 3 (page 9-7). Handling and disposal of solid and hazardous waste should be done in ways that minimize land, air and water pollution and protect public health. Thurston County Comprehensive Plan, Chapter IX, Section IV, Goal 1, Objective E, Policy 1 (page 9-9). The County should continue to protect and maintain the valuable natural functions of wetlands and stream corridors as provided in the Critical Areas Ordinance, by maintaining an undisturbed or restored native vegetation buffer and by prohibiting filling, draining, and clearing within wetlands and adjacent to streams. Physical alterations should be minimized except where restoring the natural functions. SWSA, SUPT Page 8

9 Thurston County Comprehensive Plan, Chapter IX, Section IV, Goal 2, Objective C, Policy 2 (page 9-13). The County should protect water quality and prevent aquifer contamination or degradation through the comprehensive management of the ground water resource in conformance with the principals contained in the Northern Thurston County Ground Water Management Plan and the South Thurston County Aquifer Protection Strategy. Thurston County Comprehensive Plan, Chapter IX, Section IV, Goal 2, Objective G, Policy 1 (page 9-17). As conditioned, the proposal would be consistent with Comprehensive Plan policies. Neighbors of the proposed soccer fields testified that the use was inappropriate for land lying outside the Urban Growth Area. The Hearing Examiner is not unsympathetic to this argument; however, the Hearing Examiner s role is to interpret the law as it applies to the permit application. Here, through the Special Use Permit process, the Thurston County Board of Commissioners has allowed for proposal to develop land outside the Urban Growth Area - and specifically within the RRR 1/5 zone - as an athletic facility when the Special Use Permit criteria are met. 2. The proposed use would comply with the general purpose and intent of the applicable zoning district regulations. The purpose of the RRR 1/5 zone is "to encourage residential development that maintains the County's rural character; provides opportunities for compatible agricultural, forestry and other rural land uses; is sensitive to the site's physical characteristics; provides greater opportunities for protecting sensitive environmental areas and creating open space corridors; enables efficient road and utility systems; and does not create demands for urban level services. TCC 20.09A.010. Although the athletic fields are not residential development, the proposed athletic complex would provide a recreation resource that would not require urban level services. If conditions are applied to minimize impacts to adjacent residential properties, the proposed use can comply with the purpose and intent of the zone. The proposed use is allowed in the RRR 1/5 zone upon approval of a SUP. With a condition of approval, the subject property would satisfy the minimum lot size requirement. The proposed parking would satisfy the intent of TCC The landscaping proposed satisfies the minimum standards required by TCC Findings of Fact Nos. 1, 2, 3, 4, 5, 11, 12, 13, With significant conditions applied to approval, the proposed use will be appropriate at the proposed location. a. With conditions to address light, noise, traffic and site impacts, there will be no substantial or undue adverse effects on adjacent properties, neighborhood character, natural environment, traffic conditions, public property or facilities. The primary concerns raised by neighboring property owners relate to traffic, noise, landscaping, lighting, and groundwater. Light and noise impacts from soccer playing could cause adverse impacts on neighboring properties and interfere with quiet enjoyment of property. The intrusion of light into a rural area can disrupt a sense of country living associated with a rural lifestyle. Similarly, SWSA, SUPT Page 9

10 the noise of sport games can intrude onto nearby properties and disrupt the sense of privacy that comes with living in a rural zone. To be consistent with the rural environment, the proposed athletic fields must have restricted hours of use, limitations on lighting and noise making, and be gated after hours. Additional mitigation measures do not appear warranted, as there was no showing of other potential substantial or adverse effects on adjacent properties. Groundwater would be protected from contamination, trespassing can be controlled and there was no showing that an increase in traffic would have a substantial or undue adverse effect. A condition of approval is necessary to ensure that loudspeakers are used on-site only in emergencies and that spectators do not use noisemaking devices. Findings of Fact Nos. 1, 2, 3, 4, 7, 8, 9, 11, 12, 13, 14, 15, 16, 17, 20, 21. b. The use will be adequately served by and will not impose an undue burden on any of the improvements, facilities or utilities existing or planned to serve the area. Thurston County Roads and Transportation Services and the Washington Department of Transportation submitted that the installation of a right turn pocket would adequately mitigate the increase in traffic caused by the proposal. Thurston County Public Health Department submitted that the site was appropriate for a septic system, and that the proposed well location meets the requirements of WAC There was no evidence submitted that contradicted the testimony of these agencies; therefor, the Examiner must rely upon it to make his decision. Finding of Fact Nos. 12, 15, 16, The proposal satisfies the Use-Specific Criteria for Golf and Athletic Facilities. a. The facility would not be built in conjunction with a residential development. b. The proposed parking would satisfy County parking requirements. Finding of Fact No The proposal satisfies the Use-Specific Criteria for Community Clubs. a. With a condition of approval, the site would be twenty thousand square feet. b. With a condition of approval, an appropriate landscaped buffer would help preserve the appearance and the residential character of the neighborhood. c. With a condition of approval, the building design would be compatible with the residences in the area. d. With a condition of approval, the parking would not be less than the minimum required in Section , and would satisfy the approval authority. Findings of Fact Nos. 4, 12, 14. DECISION Based upon the preceding Findings of Fact and Conclusions, the request for approval a Special Use Permit to construct and operate Phase I of an athletic field complex at Tilley Road South, Thurston County, Washington, is GRANTED, subject to the following conditions: SWSA, SUPT Page 10

11 1. Prior to or in conjunction with the issuance of any building permits, all regulations and requirements of the Thurston County Environmental Health Department (Attachment g) and Thurston County Roads and Transportation Services Department (Attachment h) shall be met. 2. All conditions from the Mitigated Determination of Nonsignificance issued February 22, 2002 shall be met (Attachment f). 3. One sign is allowed with a maximum size of thirty-two (32) square feet per side. The sign shall not protrude over the street right-of-way or be erected in a way that interferes with the visibility of traffic control devices or street name signs. Signs shall be unlit and shall use nonflashing, nonreflective materials. Colors shall be nongarish and consistent with residential character. Any freestanding sign will require a building permit. Because this project is located on a state highway, the Applicant shall also comply with any sign requirements of the Washington State Department of Transportation. 4. No field lighting shall be allowed on-site. 5. Existing vegetation to the east is located within a wetland and associated buffers and provides sufficient screening between the project site and the right-of-way. Landscaping for the parking area shall be planted as indicated on the landscape plan (Attachment e). A ten foot buffer strip with visual screening shall be located on all sides of the property abutting residential districts or uses. The landscaping shall satisfy the standards required by TCC The goal of the landscaping is to screen activity as well as reduce off-site noise. 6. Parking lot design shall conform to the requirements of TCC Phase I shall contain 90 gravel parking spaces and a grass overflow parking area for 13 additional spaces. If Phase II is implemented within one year of Phase I being completed, parking for the entire facility shall be reviewed for adequacy at that time. If Phase II has not been implemented within one year of Phase I being completed, the parking for Phase I shall be reviewed one year after the facility has been in use. If parking problems are identified, the matter shall be referred to the Hearing Examiner to determine whether additional parking shall be required. No portion of the access easement shall be used for parking. Prior to use of the property for a tournament, the Applicant shall contact Thurston County and satisfy all County parking requirements related to tournament use, which may include provision of additional parking, consistent with TCC (13). 7. Hours of operation for the soccer fields, clubhouse, and any associated facilities shall be restricted to the hours of 6:00 PM to 10:00 PM, Monday through Saturday and 1:00 PM to 10:00 PM on Sunday. SWSA, SUPT Page 11

12 8. All development on the site shall be in substantial compliance with the approved site plan. Any expansion or alteration of this use will require approval of a new or amended Special Use Permit. The Department will determine if any proposed amendment is substantial enough to require Hearing Examiner approval. 9. The lot size shall be a minimum of 20,000 square feet. 10. The athletic fields shall be used for soccer only. Specifically and without limitation, no camping or overnight parking of vehicles shall be allowed on the site. 11. No loudspeakers or artificial voice amplification of any kind shall be allowed at the site. The Applicant shall post notices at the facility that the use of noise making devices by spectators is prohibited. 12. After hours the property shall be secured with a locked gate for the purpose of controlling access. The site shall be posted with no trespassing signs. 13. The driveway between Tilley Road and the parking lot shall be paved to reduce dust and noise from vehicles traveling over it. Decided this 15 th day of April Theodore Paul Hunter Hearing Examiner for Thurston County K:\zoning.lu\DECISION\SUP\ DECISION.SWWashingtonSoccer.doc SWSA, SUPT Page 12