BEFORE THE HEARINGS EXAMINER FOR THURSTON COUNTY

Transcription

1 COUNTY COMMISSIONERS Cathy Wolfe District One Diane Oberquell District Two Robert N. Macleod District Three HEARING EXAMINER BEFORE THE HEARINGS EXAMINER FOR THURSTON COUNTY In the Matter of the Application of ) PROJECT NO. SUPT ) Cham Association ) FINDINGS, CONCLUSIONS ) AND DECISION ) For Approval of a Special Use Permit ) SUMMARY OF DECISION The request for approval of a Special Use Permit to construct a 10,500 square foot Mosque/Community Center is GRANTED, subject to conditions. SUMMARY OF RECORD Request: Cham Association (Applicant) requested approval of a Special Use Permit (SUPT) to construct a 10,500 square foot Mosque/Community Center. The subject property is located at 2045 Abernethy Road, in Olympia, Washington. Hearing Date: An open record hearing on the request was held before the Hearings Examiner of Thurston County on July 19, Testimony: At the open record hearing the following individuals presented testimony under oath: Tony Kantas, Thurston County Development Services Department Faith Perry, Thurston County Roads and Transportation Department Jamil Ahmad, Applicant Representative. Azeem Hoosein, Applicant Representative Brian Ewing, Skillings Connolly, Applicant Representative Geri Johnson Dean Gregory 2000 Lakeridge Drive SW, Olympia, Washington (360) /FAX (360)

2 Debra Gregory Shaheed Nuriddin Paul Flatz Safianu Bako Mohammad Joban Exhibits: At the open record hearing the following exhibits were admitted into the record: EXHIBIT 1 Development Services Planning & Environmental Section Report including the following attachments: Attachment a Attachment b Notice of Public Hearing Vicinity Map Attachment c Special Use Permit Application dated May 24, 2002 Attachment d Attachment e Attachment f Site Plan Site Plan Showing vicinity of Mobile Home Park Building Design showing proposed height Attachment g Landscape Plan, dated April 28, 2004 Attachment h Determination of Non Significance, issued May 25, 2004 Attachment i Attachment j Attachment k Attachment l Attachment m Attachment n Attachment o Attachment p June 13, 2002 Comment Memorandum from John Ward, Thurston County Public Health and Social Services Department May 21, 2004 Preliminary Approval Recommendation Memorandum from Scott Davis, Roads and Transportation Services Department September 28, 2002 Comment Letter from applicant explaining the function of the Center/Mosque September 4, 2003 comment letter from applicant explaining traffic and hours of the Center/Mosque Aerial Photo Photo of the proposed site June 16, 2003 comment letter from Mark & Karen Hess July 8, 2003 comment letter from Yvonne & Michael Polenz Rochester Mennonite Church, No. SUPT/SSDP Page 2

3 Attachment q Attachment r July 10, 2003 comment letter from a list of concerned citizens June 19, 2003 comment letter from Dean and Debra Gregory EXHIBIT 2 EXHIBIT 3 Enlarged Site Plan Color Photos of Site, dated July 16, 2004, Submitted by Geri Johnson EXHIBIT 4 Comment Letter from Paul and Helena Flatz, dated July 19, 2004 Upon consideration of the testimony and exhibits submitted at the open record hearing, the Hearings Examiner enters the following Findings and Conclusions: FINDINGS 1. The Applicant requested approval of a SUPT to construct and operate a 10,500 square foot Mosque/Community Center. The site comprises.37 acres of a 9.67-acre parcel owned by the Cham Association. It is developed with 40 dwellings, an existing community building, a play field, a storm water detention pond, and a private loop road. The subject property is located at 2045 Abernethy Road, Olympia, Washington, and is identified as Tax Parcel No Exhibit 1, Staff Report, page 1; Exhibit 1, Attachment c. 2. The property is located within Lacey s Urban Growth Area. It is zoned Low Density Residential, Three to Six Dwelling Units Per Acre (LD 3-6). Churches and other places of worship are permitted in the LD 3-6 zone upon Hearing Examiner approval of a SUPT. Exhibit 1, page 2; TCC (B)(1). 3. Development standards in the LD 3-6 zone for the proposed use are as follows: maximum building area coverage is sixty percent; maximum developmental coverage is seventyfive percent; maximum building height for a main building is thirty-five feet; minimum lot area is five thousand square feet; and, minimum lot width is fifty feet (no alleys are proposed). The minimum front yard setback is twenty feet with a standard planter strip. 2 TCC The Cham Association purchased the subject property in Development of a mosque was approved by Thurston County in At the same time, approval was granted for the mobile home park, containing 40 dwelling units, the community building, the play field, the stormpond, and the private loop road were developed, all currently 1 The subject property is located in a portion of Section 8, Township 18 North, Range 1 West, W.M., in Thurston County, Washington. Exhibit 1, page 1. Although the common address lists the property as an Olympia, Washington address, the site is in unincorporated Thurston County. 2 Because the Applicant owns the property abutting the side and rear boundaries of the project area, adherence is required for the front setback. Rochester Mennonite Church, No. SUPT/SSDP Page 3

4 existing, but the mosque was not constructed before the initial SUPT expired. Testimony of Mr. Kantas; Testimony of Mr. Ahmad. 5. Property to the east across Abernethy Road is zoned Low Density Residential and is developed with single-family residences. Pleasant Glade Elementary School is directly across the street located southeast of the site on Abernethy Road. Exhibit 2. Adjacent properties to the north and south are zoned LD 3-6 and are undeveloped. Vacant land to the west is zoned Moderate Density Residential 6-12 dwellings per acre. Exhibit 1, page There is one other Muslim worship facility in the Olympia area. Testimony of Mr. Hoosein. According to a worshipper at that mosque, there is no disruption of traffic patterns or impacts to other land uses in the area caused by the facility. The Applicant s proposed facility would be similar in use to the other mosque in Olympia. 7. As proposed, the mosque would consist of a 10,500 square foot, multi-floored structure. The ground floor (the footprint) would be 5,000 square feet, with a mezzanine level and additional useable space in the basement making up the total. Originally, a 12,500 square foot structure was proposed. However, the Applicant revised the proposed square footage in light of the concern that so large a structure might be considered out of scale with surrounding residential uses. Testimony of Mr. Ahmad. 8. In the original application, the dome and the minaret were proposed to be 63 feet and 72 feet in height, respectively. Exhibit 1, Attachment f. In response to the concern that the mosque would not be in scale with the rest of the neighborhood, the proposed height of the overall structure has been revised. The dome and minaret would be a maximum of 45 feet tall with the rest of the structure to be a maximum of 35 feet tall. Exhibit 1, page 2; Testimony of Mr. Ahmad; Testimony of Mr. Ewing. Neither the dome nor the minaret would be inhabitable space. The County testified that the proposed 45-foot height limit for the appurtenances would make the mosque more consistent with other churches approved in residential districts in the Lacey Urban Growth Area and more in character with surrounding properties. At hearing, the Applicant offered to withdraw the proposed minaret from the design altogether. Exhibit 1, page 4; Testimony of Mr. Kantas. 9. The building would be set back 120 feet from Abernethy Road. The storm water pond in the space between the proposed Mosque and the public road would be expanded to provide capacity for additional runoff from new impervious surfaces. Exhibit 1, page 2; Testimony of Mr. Ahmad. Thurston County Roads and Transportation Services reviewed the proposal, including the proposed storm drainage plan, and recommended approval subject to conditions concerning storm drainage improvements. Exhibit 1, Attachment j. 10. City of Lacey sewer and water serve the existing structures on the Applicant s land. These utilities would be extended to serve the new mosque/community center. Exhibit 1, page 5. A certificate of water and sewer availability has been received by the County. Exhibit 1, Attachment i. Thurston County Public Health Department reviewed the proposal and recommended approval. Exhibit 1, Attachment i. Rochester Mennonite Church, No. SUPT/SSDP Page 4

5 11. Thurston County Development Services recommended approval of the SUPT, stating that with conditions, the project complies with all applicable laws. Exhibit 1, page 3; Testimony of Mr. Kantas. 12. The majority of anticipated users of the proposed structure are residents of the adjacent mobile home park, who would walk to events in the mosque. Daily prayer gatherings would be conducted five times each day. Testimony of Mr. Ahmad. The Applicants reported that approximately residents of the adjacent mobile home park would be expected to attend each of these daily prayer gatherings, joined by up to three nonresidents per service. On Fridays, the mosque would conduct the Friday Prayers, which last up to one hour. The Friday prayers occur on Friday between the hours of 12:00 p.m. and approximately 2:15 p.m. 3 The Applicants anticipate that there would be approximately off-site participants at Friday Prayers, arriving in approximately cars. The window of time the Friday Prayers would generate off-site traffic was estimated to be about 35 minutes to an hour for people to arrive, participate, and depart once per week. Testimony of Mr. Ahmad; Exhibit 1, Attachment k. 13. In addition to religious services, the mosque/community center would host social gatherings. These would consist of two annual religious celebrations, approximately one social gathering per month, educational seminars for adults and children two to four times per month, and gatherings for marriages. Exhibit 1, Attachment k; Testimony of Imam Joban. 14. The proposed mosque/community center is surrounded to the north, west, and south by the existing mobile home park. Abernethy Road lies 120 feet to the east of the project site. Between the proposed building and the public road is the storm detention pond for the Cham Association property. As a non-residential use in a residential zone, the proposed development would be required to have a minimum 15-foot landscaped buffer. Thurston County Code TCC (B)(2)(d). The Applicant has submitted a landscape plan that satisfies this requirement and which would buffer the appearance of the facility from the residential properties to the east. Testimony of Mr. Kantas; Exhibit 1, page 5; Exhibit 1, Attachment g. 15. The Applicant agreed not to use bells or any other amplified sounds broadcast as a call to prayer meetings. Testimony of Mr. Ahmad. 16. Pursuant to TCC (a), the proposed mixed-use mosque and community center requires 10 parking spaces per 1000 feet of gross floor area used for worship and three parking spaces per 1000 square feet of gross floor area to be used for commercial recreational purposes. When the project was reviewed for parking adequacy, it was proposed to be a 12,500 square foot structure. At that size, the minimum number of spaces required for the proposed facility was 70. Testimony of Mr. Kantas. Even with the 2,000 square foot reduction, the Applicant has kept the proposed 70 parking spaces. Thirty-four existing spaces west of the proposed structure would be paved, striped, and 3 The time of day fluctuates depending on the season. Exhibit 1, Attachment l. Rochester Mennonite Church, No. SUPT/SSDP Page 5

6 curbed. The parking lot would be screened from residential uses to the east by the mosque/community center. In addition, the Applicant proposes sixteen spaces on the private loop road north and sixteen spaces on the private loop road south of the mosque/community center for public parking. An additional four spaces are available along the stormwater detention pond. Testimony of Mr. Ahmad; Exhibit 2, Site Plan. County staff testified that the proposed parking satisfies the Code s off-street parking requirements. Testimony of Mr. Kantas Thurston County Roads and Transportation Services recommended approval of the project subject to conditions. Suggested conditions include the installation of no parking signs along the property frontage on Abernethy Road, the installation of barriers each end of the sidewalk along the loop road, and the installation of stop signs at both intersections of the private loop road with Abernethy Road. Testimony of Ms. Perry. 18. Pursuant to the State Environmental Policy Act (SEPA), Thurston County acted as lead agency for review of environmental impacts caused by the proposal. The County determined that adopted development regulations would adequately mitigate any probable, significant adverse environmental effects of the proposal and issued a Determination of Nonsignificance (DNS) on May 25, Exhibit 1, Attachment h. The DNS was not appealed. Testimony of Mr. Kantas. 19. Notice of the open record hearing was mailed to property owners within 300 feet of the site, published in The Olympian, and posted on site on July 9, Exhibit 1, page 2; Exhibit 1, Attachment a. 20. Several issues were raised in the four public comment letters received by Development Services after the notice of application. Neighboring residents expressed concerns about the impacts of increased traffic on pedestrian safety along Abernethy; about parking for off-site visitors to the new building; the amplified broadcast of calls to prayer; and, the size of the proposed structure being out of character with the residential neighborhood. Exhibit 1, Attachments p, q, and r. In addition, several people appeared at the public hearing to oppose the project. Their testimony concerned adequacy of off-street parking and the size of the structure being out of scale with the residential neighborhood. Testimony of Geri Johnson; Testimony of Dean Gregory; Testimony of Debra Gregory. In response to these concerns, the Applicant testified that the proposed building height has been reduced so that it complies with development standards in the zoning code. The proposed overall size of the structure was reduced by 2,000 square feet. The Applicant agreed not to broadcast any amplified or other call to prayer. In addition, the Applicant testified that they do not anticipate an influx of new users for regular prayer meetings in the new structure. Testimony of Mr. Hoosein; Testimony of Mr. Ahmad. County staff testified that with the reduced structure height that is now proposed, the project complies 4 One member of the public presented photographs of parking during a Friday prayer service and testified that parking for the existing facility, approximately 2,000 square feet, currently spills onto Abernethy Road. Exhibit 3; Testimony of Ms Johnson. However, the submitted photographs depict orderly parking on the loop road within the mobile home park and in the parking lot behind the proposed mosque. The photos do not depict parking on Abernethy Road. Rochester Mennonite Church, No. SUPT/SSDP Page 6

7 with applicable development standards. Testimony of Mr. Kantas; Testimony of Ms. Perry. One member of the public testified that he has experienced near-collisions with vehicles coming out of either end of the private loop road, which has no stop signs, onto Abernethy Road. Testimony of Mr. Flatz. As proposed, the project includes installation of stop signs at both intersections. Testimony of Ms. Perry; Exhibit 2, Site Plan. Several members of the community testified in support of the facility. Testimony of Mr. Nuriddin; Testimony of Mr. Bako; Testimony of Imam Joban. CONCLUSIONS Jurisdiction: The Hearings Examiner is granted jurisdiction to hear and decide applications for Special Use Permits pursuant to Chapter of the Revised Code of Washington and Section of the Thurston County Code. Criteria for Review: I. Special Use Permit Pursuant to TCC (B)(1), the Hearing Examiner may approve an application for a Special Use Permit for a church or other place of worship in the Lacey Urban Growth Area if the standards set forth in TCC are satisfied: A. Plans, Regulations, Laws. The proposed use at the specified location shall comply with the Lacey Joint Plan, and all applicable federal, state, regional, and Thurston County laws or plans. B. Underlying Zoning District. The proposed use shall comply with the general purposes and intent of the applicable zoning district regulations and sub-area 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. C. 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: 1. 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. 2. 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. Rochester Mennonite Church, No. SUPT/SSDP Page 7

8 Conclusions Based on Findings: As conditioned, the proposal satisfies the criteria for a SUPT. 1. With conditions, the proposal is consistent with applicable laws and plans. The proposal has been reviewed for compliance with Thurston County Road Standards, the Drainage Design and Erosion Control Manual, and the Sanitary Code. According to staff s analysis, all applicable requirements have been or can be met on the site with conditions of approval. Environmental review was conducted in accordance with the State Environmental Policy Act and a DNS was issued. Findings of Fact Nos. 9, 10, 11, 14, 16, 17, and With conditions, the proposal is consistent with applicable zoning standards. The mosque/community center is an allowed use in the LD 3-6 zone upon approval of a SUPT. The mosque/community center building would comply with the LD 3-6 zone s height and setback standards. Proposed parking on site would be dedicated to the use of visitors, as residents of the adjacent mobile home park would walk to services and events in the new structure. The proposed public parking exceeds the minimum required by TCC (a). With conditions, parking for on-site activities would not have a negative impact on surrounding residential uses or on neighboring Pleasant Glade Elementary School. Conditions will ensure that landscaping provided along the Abernethy Road frontage screens the proposed structure from neighboring residential and school uses. Findings of Fact Nos. 2, 3, 12, 14, and With conditions, the proposed use is appropriate in the location for which it is proposed. The LD 3-6 zone allows places of worship. The neighborhood is characterized by low- and moderate-density residential development. The subject property is across the street from a public school. While the proposed structure is larger than surrounding residential structures, as conditioned it complies with dimensional standards of the zoning district, is set back from the public right-of-way 120 feet, and will be screened by landscaping. The proposed structure will not have substantial or undue adverse effects on adjacent property or neighborhood character. Findings of Fact Nos. 2, 5, 7, 8, 14, and 20. The subject property is bordered on three sides by the Champa Slamad mobile home park, developed by the Applicant. The majority of anticipated attendees live in the surrounding residences. Prayer services are open to the public but only the Friday Prayers and occasional religious or cultural events are anticipated draw significant numbers of non-resident attendees. Friday Prayers only occur once per week for an hour or less between the hours of noon and 2:30 p.m. The parking proposed exceeds the minimum number of spaces required for the size of the worship/recreational structure the Applicant proposes to build. Visitor parking will largely be screened from view by the proposed building. Conditions of approval will ensure that no visitors to the mosque park their vehicles on Abernethy Road. For these reasons, traffic and parking generated by the new structure will not negatively impact the surrounding land uses. Findings of Fact Nos. 12, 13, and 16. The Applicant has agreed not to broadcast amplified calls to prayer. Conditions of approval concerning hours of operation and landscaping will ensure that noise generated by the facility Rochester Mennonite Church, No. SUPT/SSDP Page 8

9 will not have a substantial or undue adverse effect on adjacent property or neighborhood character. Findings of Fact Nos. 15 and 20. Proposed improvements to the existing stormwater system will prevent any significant impact to public health or the natural environment. The new structure will be adequately served by, and would not impose an undue burden on, utilities. The City of Lacey will provide water and sewer services and has provided certificates of utility availability. Findings of Fact Nos. 7, 8, 9, 10, 11, 18, and 20. DECISION Based upon the preceding Findings and Conclusions, the request for approval of a Special Use Permit to construct and operate a mosque/community center at 2045 Abernethy Road is GRANTED, subject to the following conditions. A. The building height shall be limited to a height of 35 feet from average grade with the vertical uninhabitable appurtenances not exceeding 45 feet from average grade. B. All approved landscaping (Attachment g) must be installed prior to occupancy of the structure. The County will entertain an agreement to install, with financial security, if the time of season is not right for successful planting. C. No use of amplified, broadcasted calls to prayer using bells, speakers, or other means of sound to announce prayer times is permitted. D. The proposed roadway in concept and design shall conform to the 1999 Thurston County Road Standards and City of Lacey public works standards and development guidelines. E. The stormwater management system shall conform to the 1994 Thurston County Drainage Design & Erosion Control Manual. F. Proposed utility work within the Thurston County Right of Way shall conform to the 1999 Thurston County Road Standards and Chapter Thurston County Code. G. All water and sewer extension or connections shall conform to the City of Lacey public works standards and development guidelines and shall be installed prior to building permit issuance. H. The proposed grading or site work shall conform to Appendix 33 of the 1997 Uniform Building Code and 1994 Drainage Design & Erosion Control Manual. I. Rip-rap outfall across Abernathy Road N.E. shall be rebuilt according the approved plans dated April 28, J. The capacity of the existing stormwater pond shall be increased in accordance with the revised Preliminary Engineered Site Plan dated April 28, Rochester Mennonite Church, No. SUPT/SSDP Page 9

10 K. No Parking signs shall be installed along the project s frontage on Abernathy Road N.E. prior to occupancy. L. Two type II barricades shall be added at each end of sidewalk along the private looped road prior to occupancy. M. Street name signs shall be upgraded to include Stop signs, new posts, and hardware in accordance with Thurston County specifications prior to building permit issuance. N. All development on the site shall be in substantial compliance with the approved site plan. Any expansion or alteration of this use beyond that initially approved by the Hearing Examiner will require approval of a new or amended Special Use Permit. The Development Services Department will determine if any proposed amendment is substantial enough to require Hearing Examiner approval. O. Hours of operation for non-worship events and gatherings in any of the buildings associated with the mosque/community center, including the existing building, shall be limited to the period from 8 a.m. to 10:00 p.m.. P. Maximum occupancy according to the fire code shall be posted in the buildings and obeyed. Q. The Applicant shall conduct on-going education of attendees at the mosque/community center regarding the no parking policy on Abernethy Road NE. Decided this 3 rd day of August James M. Driscoll Hearings Examiner for Thurston County O:\apps\track\Planning\Amanda Save File\Special Use Permit ZM\Hearing Examiner\Non Residential Use\Decisions\ decision.cham.doc Rochester Mennonite Church, No. SUPT/SSDP Page 10