BEFORE THE HEARING EXAMINER FOR THURSTON COUNTY

COUNTY COMMISSIONERS Cathy Wolfe District One Diane Oberquell District Two Robert N. Macleod District Three HEARING EXAMINER BEFORE THE HEARING EXAMINER FOR THURSTON COUNTY In the Matter of the Application of ) NO. SUPT 20044105773 ) Faith Lutheran Church ) FINDINGS, CONCLUSIONS ) AND DECISION ) For Approval of a Special Use Permit and ) A Class IV Forest Practices Permit. ) ) SUMMARY OF DECISION A Special Use Permit to expand existing church buildings and construct new buildings in three phases on a 9.1 acre parcel, and a Class IV Forest Practices permit to log 80% of the trees on 2.8 acres of the subject parcel are GRANTED, subject to conditions. SUMMARY OF RECORD Request: Faith Lutheran Church (Applicant) requested approval of a Special Use Permit (SUPT) to expand the church located within the Lacey Urban Growth Area (UGA) Mixed Use Moderate Density Corridor (MMDC) zone and also requested approval of a Class IV Forest Practices permit to log 80% of the trees on the subject parcel at 7075 Pacific Avenue SE, in Lacey, Washington. Hearing Date: An open hearing on the request was held before the on October 3, 2005. Testimony: The following individuals presented testimony under oath at the open record hearing: 1. Scott Longanecker, Thurston County Associate Planner 2. Arthur Saint, PE, Thurston County Roads and Transportation Department 2000 Lakeridge Drive SW, Olympia, Washington 98502 (360) 786-5490/FAX (360) 754-2939

3. Neil A. Meyer, Anderson & Boone Architects 4. Eric Ainsworth, Hatton Godat Pantier Exhibits: The following exhibits were admitted at the open record hearing: EXHIBIT 1 Staff Report dated October 3, 2005 with the following attachments: Attachment a: Notice of Public Hearing dated September 23, 2005 Attachment b: Surrounding area map Attachment c: Surrounding zoning map Attachment d: Special Use Permit Application, received September 7, 2005 Attachment e: Detailed Description of Request, received September 7, 2005 Attachment f: Forest Land Conversion Application, received September 7, 2005 Attachment g: Logging Site Map, received June 15, 2005 Attachment h: Tree Protection Plan, dated July 6, 2005 Attachment i: Detailed Site Map, received May 27, 2005 Attachment j: Preliminary Landscape Plan, received May 27, 2005 Attachment k: Mitigated Determination of Nonsignificance, issued August 11, 2005 Attachment l: Letter from Thurston County Public Health and Social Services Department dated May 2, 2005 Attachment m: Letter from Thurston County Environmental Health dated February 24, 2005 Attachment n: Memo from Scott Longanecker dated September 14, 2005 Attachment o: Letter from Anderson & Boone Architects dated September 15, 2005 Attachment p: Letter to Anderson & Boone Architects dated September 20, 2005 Attachment q: Memo from Scott Longanecker dated September 22, 2005 EXHIBIT 2 Addendum to Previously Issued Mitigated Determination of Nonsignificance, issued September 27, 2005 EXHIBIT 3 Preliminary Site & Erosion Control Plan dated March 2005 EXHIBIT 4 Preliminary Grading & Drainage Plan dated March 2005 EXHIBIT 5 Preliminary Utility Plan dated March 2005 EXHIBIT 6 Fax from Thurston County Development Services outlining payment of traffic mitigation fees in phases received October 19, 2005 Upon consideration of the testimony and exhibits submitted at the open record hearing, the Hearing Examiner enters the following Findings and Conclusions: Faith Lutheran Church SUPT No. 2004105773 2 of 14

FINDINGS 1. The Applicant requested approval of a SUPT to expand existing church buildings and construct new buildings in phases on a 9.1 acre parcel located at 7075 Pacific Avenue SE, in Lacey, Washington. 1 The construction would be completed in three phases. Phase I would involve the construction of a new 14,313 square foot multi-use building to be used as a gymnasium and a locker room. This building would also include three meeting rooms, a nursery, a kitchen, an office suite, and general office and support space. Phase II of the project would commence at the end of Phase I construction. Phase II would involve the construction of a 4,700 square foot addition to an existing classroom building. The addition would include four new classrooms, restrooms, a reception lobby, and support office space with a kitchenette. Phase III would commence at the end of a three to four year fundraising period. It would add an approximately 15,000 square foot sanctuary to the west end of the multi-use building. The sanctuary would contain a large worship space with a choir and seating mezzanine, a nursery, two to three meeting rooms, and miscellaneous support space. The existing 9,218 square foot sanctuary would either become school administration offices or would be demolished. The designs of Phases I and II have been reviewed pursuant to TCC 21.70, but design review for Phase III would take place prior to building permit issuance for that phase. The Applicant also proposes to add 188 parking spaces in the southcentral portion of the site, at the rear of the church. Exhibit 1, pages 1-2, 5; Exhibits 3-5; Testimony of Mr. Longanecker. 2. The subject property currently contains an existing 9,218 square foot church sanctuary, a 4,200 square foot classroom building, an unoccupied 773 square foot portable building that would be removed, a 1,840 square foot storage building, a 1,119 square foot covered play area, and a 4,975 square foot sport court and baseball field. Parking is currently in the front of the church. Worship services take place on Sundays at 8:30 and 11 in the morning, with approximately 125 to 175 people in attendance. The church s private school operates Monday through Friday, 8 a.m. to 4 p.m., and about 150 children attend. Throughout the week, meetings of no more than 50 people occur, usually in the evenings. Weddings, funerals, and special events may be scheduled at any time. Exhibit 1, page 3, 5; Exhibit 1, Attachment f, pages 3-7. Exhibit 1, Attachment e, page 2. 3. The subject property is located in the Lacey UGA Mixed Use Moderate Density Corridor (MMDC). Churches require a special use permit in all Lacey UGA zones pursuant to TCC 21.66.020(B)(1). 2 Service buildings such as churches must be less than 10,000 square feet. 1 The legal description of the subject property is Fleetwood Acres PTN L 12&13 L 1 SS-1926 EX PTN PAC AVE 92-2-02487-7; Section 15, Township 18 North, Range 1 West, Willamette Meridian, known as Tax Parcel No. 48201200000. 2 TCC 21.22.020(A) outlines permitted commercial uses in the Lacey UGA Mixed Use Moderate Density Corridor zone. It states, The following commercial uses as classified by the Standard Industrial Classification Index, 1987 edition, are permitted as an allowed use or by special use permit as noted. TCC 21.22.020(A)(3) allows service uses under Divisions I and J provided the square footage of the use is under 10,000 square feet, a provision that may be waived. Churches are listed under Division I, Major Group 86, Industry Group 866 in the Standard Industrial Classification Index. Although churches are not specifically discussed in TCC 21.22 other than by reference to the Standard Industrial Classification Index, the Thurston County Development Services Department stated it is clear that churches are a different land use than many of the commercial uses that are discussed in this section that are Faith Lutheran Church SUPT No. 2004105773 3 of 14

However, TCC 21.22.020(A)(3) states that the department may waive the square footage requirement for any service use it considers consistent with the particular corridor. Pursuant to TCC 21.22.010(D), the Pacific Avenue corridor should emphasize smaller professional services and retail opportunities to complement the neighborhood commercial zone to the east and provide an expanded range of services to adjacent residential neighborhoods. The Applicant contends that 10,000 square feet would be too small of a space for the growing neighborhood church to accommodate its growth; a gymnasium by itself constitutes about 7,000 square feet. The County submitted that since the proposal would move parking to the rear of the property, and remove a non-conforming access to improve pedestrian safety, the use would be consistent with the intent of the MMDC zone and would not have a substantial or adverse impact on the surrounding area. Exhibit 1, pages 2-8; Exhibit 1, Attachment o; TCC 21.66.020(B)(1); TCC 21.22.020(A)(3); TCC 21.22.010(D). 4. The subject property is bordered by Pacific Avenue to the north and David Avenue to the west. A septic and plumbing business and a drive-through espresso stand are directly east of the subject property. The Olympia Korean Church is located further to the east of the subject property along Pacific Avenue. Single-family residential homes are located to the south of the subject property and north across Pacific Avenue. A mobile home park is adjacent to the southeast corner of the property. The property directly west across David Street is undeveloped and heavily forested. All surrounding properties are zoned MDDC. Exhibit 1, page 3; Exhibit 1, Attachments b & c; Exhibit 1, Attachment f, pages 3-7. 5. The project site is currently accessed through two driveways from Pacific Avenue that do not meet current Thurston County Road Standards because they are not properly spaced pursuant to TCC 7.03. The Applicant proposes to open two new accesses from David Street meeting road standards along the southern side of the site. The Applicant also proposes to remove one of the existing vehicular accesses from Pacific Avenue to improve pedestrian access and safety along Pacific Avenue. To preserve the Pacific Avenue access at the northeast corner of the property, the Applicant asked for a variance from County Road Standards. The Applicant justified the variance on the grounds that closing off the northern access would cause the church to lose access to 21 parking spaces. Further, many of the church s members are elderly and closure of the northern driveway would require members to walk approximately 200 yards over uneven terrain. The variance request was granted by the Thurston County Roads and Transportation Services Department, but the County Engineer indicated that when the adjacent parcel to the east requires permits triggering road improvements, the Pacific Avenue access would have to be brought up to current County standards, which would include requiring a single shared access for the proposed project and the property to the north. The Applicant has proposed to widen David Street SE and install curbs, gutters, and sidewalks according City of Lacey standards. Exhibit 1, pages 5, 9; Exhibit 1, Attachment b; Exhibit 1, Attachment f, pages 3-7; Exhibit 1, Attachment i; Exhibit 1, Attachment o. retail or business-service oriented. Exhibit 1, pages 4-6. TCC 21.22.020; Standard Industrial Classification Index, 1987 Edition; Faith Lutheran Church SUPT No. 2004105773 4 of 14

6. The site currently contains 32 paved parking stalls and a large gravel lot that accommodates the majority of on-site parking. The Applicant proposes to complete additional paved parking areas in two phases. The first phase of parking improvements would be completed concurrently with building Phases I and II and would add 95 parking stalls, including 87 standard stalls and 8 wheelchair-accessible stalls. The Applicant would maintain 21 of the 32 existing paved parking stalls near the front of the project site. The second phase of the parking would be completed concurrently with building Phase III and would add 83 standard parking stalls. TCC 21.72 requires a minimum of 184 parking stalls for building Phases I and II and 72 parking stalls for building Phase III. The total number of parking stalls proposed by the Applicant is approximately 70% of the requirement. TCC 21.72.030(D)(3) allows the County to accept less than the minimum amount of parking stalls if the Applicant can demonstrate that fewer spaces are necessary. The Applicant contends that the amount of proposed parking would meet the needs of the church, and since not all buildings would be occupied at the same time, the total number of stalls needed would be about 45 to 90. After improvements are made, David Street would have some on-street parking available to church members. Aside from David Street, there would be no legal on-street parking in the area, limiting off-site parking effects. A bus stop is located approximately 100 feet east of the proposed project on Pacific Avenue. Exhibit 1, pages 2, 6-7; Exhibit 1, Attachment o; Exhibit 4; TCC 21.72. 7. TCC 21.22.060(B) allows a maximum front setback of 15 feet, unless the department determines it is appropriate for the specific use to have a greater setback finding that other techniques can be used to promote pedestrian emphasis and that the use with application of other techniques will be compatible and complementary to surrounding uses and intent of the zone. The proposed project exceeds the maximum setback requirement as the new facilities would be located 34 to 36 feet from the Pacific Avenue right-of-way. The existing sanctuary is approximately 70 feet from the right-of-way. The County contends that it is possible to create a pedestrian-oriented environment and locate the church more than 15 feet from the Pacific Avenue and David Street rights-of-way by adding amenities such as benches, bicycle racks, walkways, and landscaping. Further, surrounding properties are located more than 15 feet from the right-of-way; the plumbing and septic store to the east is located approximately 240 feet from the Pacific Avenue right-of-way, and the Olympia Korean Church located farther east is approximately 72 feet from Pacific Avenue. Finally, the Applicant states that it may be unsafe to locate large buildings 15 feet from Pacific Avenue, as there is an existing rip-rap wall that runs along Pacific Avenue with an unknown structural integrity. The County concurred with this statement. The proposed project complies with all other site area requirements contained in TCC 21.22.060. Exhibit 1, pages 5-6; Exhibit 1, Attachment o; Exhibit 4; TCC 21.22.060. 8. Existing buildings on the site are currently served by a septic system. The Applicant proposes to decommission the septic system per Article IV of the Thurston County Sanitary Code and connect new and existing facilities to the City of Lacey sewer service. The existing buildings are served by the City of Lacey public water system and new buildings are proposed to be connected as well. The City of Lacey provided a letter stating that it currently has adequate sanitary sewer and domestic water capacity. However, the City stated, utility capacity is reduced as other parcels of property are connected to the services. Therefore, Faith Lutheran Church SUPT No. 2004105773 5 of 14

approval of this application does not guarantee the availability of utility services. Such assurance will not be given until all applicable connection fees are paid and accepted by the City. The Thurston County Public Health and Social Services Department reviewed the Applicant s plan for water and sewer connection and recommended it approved, subject to conditions. Exhibit 1, page 2, 8; Exhibit 1, Attachments l & m. 9. The subject property is located within a Category I Critical Aquifer Recharge Area. The soils are mapped as Everett Very Gravelly Loam. As the existing and proposed buildings would be connected to sanitary sewer system, the Applicant did not conduct a soil evaluation. Due to the aquifer sensitive nature of the area, however, the Applicant provided an Integrated Pest Management Plan for landscaping the proposed project. There were no wells on-site, and no neighboring wells identified within 200 feet of the subject property. There would be no use, storage, or disposal of hazardous materials associated with the proposed project; thus, a hazardous materials response plan is not required for this project. The proposed use is allowed within a Category I Critical Aquifer Recharge Area. The Thurston County Public Health and Social Services Department reviewed the proposed project and recommended it approved, subject to conditions. The subject parcel is not within the shoreline jurisdiction. Exhibit 1, page 8; Exhibit 1, Attachment b; Exhibit 1, Attachment l; TCC Chapter 17.15, Table 2; TCC 17.15.520. 10. The Applicant proposes to remove trees from approximately 2.8 acres of the 9.1 acre site. Trees would be removed from the western property boundary to clear space for the new sanctuary, multi-use building, storm water retention pond, ball field, and parking area. Because the trees removed from the property would consist of more than 5,000 board feet, a Forest Land Conversion Permit consistent with TCC 17.25 would be required. According to the Tree Protection Plan submitted by the Applicant, tree removal on the parcel would not impact trees on adjacent parcels. 91 trees would be retained and protected in the southeast corner of the site and along the southern property line. Areas of preserved trees would be about 0.5 acres, or approximately 5.7% of the total site area. Trees would be protected during construction by orange mesh fencing located at the edge of the critical root zones, which are outlined in the plan. Noxious vegetation within the critical root zone would be removed by hand. Trees could be thinned to provide ground clearance and visibility for security purposes but the report recommended this be done or supervised by a certified arborist. The Thurston County Development Services Department reviewed the Forest Land Conversion application and the Tree Protection Plan and issued a Mitigated Determination of Nonsignificance. The County determined the Applicant complied with the application and procedural requirements to obtain a Forest Land Conversion Permit. Exhibit 1, page 4; Exhibit 1, Attachments f, g, & k. 11. There are several landscaping requirements outlined in TCC 21.80 and 21.22.080. Pursuant to TCC 21.80.030(C)(1), churches must include Type III landscaping fronting the street and in the front yard, and Type II landscaping between the front yard and buildings. TCC 21.22.080 outlines landscaping requirements in the MMDC zone, which include Type II landscaping in all required side and rear yard areas, landscape screening of parking areas, and a minimum 12-foot planter strip with street trees at the property front. The Applicant Faith Lutheran Church SUPT No. 2004105773 6 of 14

submitted a preliminary landscaping plan. The landscaping plan was approved by County staff in the design review process. Exhibit 1, page 8; Exhibit 1, Attachment j. 12. The Applicant submitted preliminary drainage and erosion control plans pursuant to TCC 21.22.090. The site is relatively level with slopes of less than five percent. The proposed project would include grading and the addition of approximately 8,000 cubic yards of fill. The erosion control plan outlined several measures to help reduce on-site erosion. The drainage plan proposed to collect stormwater runoff from impervious surfaces and distribute it through biofiltration swales into a wet pond and an infiltration pond located at the south end of the site. The Thurston County Roads and Transportation Services Department reviewed the proposed project and determined it complied with all of the preliminary requirements outlined in the Thurston County 1994 Drainage and Erosion Control Manual, and recommended approval of the application subject to conditions. Exhibit 1, page 2; Exhibit 1, Attachment n; Exhibit 4. 13. A traffic study was completed that did not include the 4,700 square foot classroom addition to be built in Phase II of the project. Thurston County and the City of Lacey assessed traffic mitigation fees and issued a Mitigated Determination of Nonsignificance (MDNS) based on this traffic study. The Applicant revised the traffic study to reflect the classroom addition, and Thurston County and the City of Lacey re-assessed traffic mitigation fees based on the revised study. The total traffic mitigation fees required by Thurston County and the City of Lacey would be $34,512.00. The City and the County have agreed to allow the Applicant to pay the mitigation fees concurrent with the construction phases. Exhibit 1, pages 4, 10; Exhibit 1, Attachments n & q; Exhibit 2; Exhibit 6. 14. Thurston County originally issued a MDNS on August 11, 2005. The original MDNS became final on August 25, 2005. No comments were received during the comment period. Due to changes to the traffic study and traffic mitigation fees, an addendum to the previous MDNS was issued September 27, 2005 per WAC 197-11-625 and -754. No comment period was required for the revised MDNS and it became final upon issuance. Exhibit 1, page 4; Exhibit 4; WAC 197-11-627, -754. 15. Pursuant to TCC 21.70 and 21.22.085, the proposed project was subject to the design review process. The design of the proposed project was approved by county staff, with conditions. Exhibit 1, Attachment p; TCC 21.70, TCC 21.22.085. 16. The County provided proper notice of the public hearing. Written notice of the public hearing was sent to all property owners within 300 feet of the site and notice was published in The Olympian on September 23, 2005 at least 10 days prior to the hearing. Notice was posted on-site on September 22, 2005. Exhibit 1, page 4; Exhibit 1, Attachment a. CONCLUSIONS Jurisdiction The Hearing Examiner has jurisdiction to decide this Special Use Permit application under Sections 21.87.010 and 21.81 of the Thurston County Code, and Sections 35.63.130 and Faith Lutheran Church SUPT No. 2004105773 7 of 14

36.70.970 of the Revised Code of Washington. Pursuant to TCC 21.87.040, the Hearing Examiner is authorized to impose such additional restrictions or conditions that would uphold the spirit and intent of TCC Chapter 21 and mitigate any adverse effect upon neighborhood properties. Under TCC 17.25.600, the Thurston County Development Services Director is given authority to approve forest practices permits for applications in South County UGAs. As this forest practices application is made in association with a Special Use Permit application, the Director has forwarded approval authority to the Hearing Examiner. Criteria for Review TCC 21.87.035 outlines the requirements for a special use permit in all Lacey Urban Growth Area zones: In addition to the specific standards set forth in this chapter with regard to particular special uses, all uses authorized as special uses shall meet the following standards: 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 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. 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. However, if the proposed use is a public facility or utility deemed to be overriding public benefit, and if measures are taken and conditions imposed to mitigate adverse effects to the extent reasonably possible, the permit may be granted even though said adverse effects may occur. 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. TCC 17.25.400 outlines the requirements for a Forest Land Conversion permit in the Lacey Urban Growth Area: D. All forest lands conversions within the north county urban growth area shall comply with all of the applicable provisions of the following: 1. Chapter 17.l5 of the Thurston County Code, otherwise known as the Thurston County Critical Areas Ordinance; Faith Lutheran Church SUPT No. 2004105773 8 of 14

2. Chapter 19.04 of the Thurston County Code, otherwise known as the Thurston County Shoreline Master Program; 3. Chapter 15.04 of the Thurston County code, otherwise known as the Minimum Design Standards for Urban and Rural Street Construction in New Developments; 6. Multifamily, Commercial, and Industrial Development. The following provisions apply to any multiple-family, commercial or industrial site development. a. Tree preservation plans for multiple-family, commercial or industrial developments shall be coordinated and consistent with any landscaping/tree plan required by Chapters 20.45, 21.80, 22.47, or 23.36, as applicable. b. Preservation of appropriate existing trees (e.g., not alder and cottonwood), as determined by a qualified professional forester, shall have priority over replacement landscaping. Existing healthy trees that can be integrated into a feasible and prudent site design, as determined by the approval authority, and can be reasonably expected to survive site development and remain windfirm, shall be incorporated into the landscaping required by Chapters 20.45, 21.80, 22.47 or 23.26, as applicable. The approval authority may require alteration of the configuration of required landscape areas to the extent needed to protect the roots of preserved trees from damage that would jeopardize the trees survival. c. The plan shall identify what site development safeguards shall be employed to protect those trees and ground cover proposed to be retained with the development of the site. d. Street trees shall be installed per the applicable street development standards as stated in Chapter 15.04 of the Thurston County Code. Conclusions Based on Findings 1. With conditions of approval, the proposed use at the specified location would comply with the Lacey Joint Plan and all applicable federal, state, regional, and Thurston County laws or plans. The site is zoned Lacey Urban Growth Area Moderate Density Corridor (MMDC) and all churches must obtain special use permits within this zone. Although the finished church would be more than 10,000 square feet, the proposed project would create a pedestrian-friendly environment through the use of landscaping and by moving parking areas to the rear of the church. The proposed project would decommission its existing septic system per Article IV of the Thurston County Sanitary Code and has proposed to connect to City of Lacey public water and sewer systems. The City of Lacey indicated it has adequate capacity to serve the project at this time. The proposed project would close one nonconforming driveway but a variance from Thurston County Road Standard 7.03 was requested to keep one nonconforming driveway open to preserve a parking area. The Thurston County Roads & Transportation Services Department and the Public Health and Social Services Department recommended that the proposed project be approved, with conditions. Findings of Fact Nos. 3, 5, 8, 9. 2. With conditions of approval, the proposed use would comply with the general purposes and intent of the applicable zoning district regulations and subarea plans. The proposed project would be consistent with a pedestrian-friendly, mixed use zone. Faith Lutheran Church SUPT No. 2004105773 9 of 14

Although the proposed project would exceed the minimum setback requirement of the zone, it could contribute to a pedestrian-friendly community through the use of landscaping and the placement of benches, bicycle racks, and walkways. The proposal would fulfill about 70% of the parking requirement, adding 95 parking stalls in addition to the 32 existing stalls. The Applicant demonstrated that fewer parking stalls would be necessary as not all buildings would be occupied at the same time. The proposed project would comply with all landscaping requirements; the preliminary landscaping plan was approved by the County in the design review process. The storm water retention system complies with the Thurston County 1994 Drainage and Erosion Control Manual. Findings of Fact Nos. 6, 7, 11, 12. 3. With conditions of approval, the proposed special use is appropriate in the location for which it is proposed. a. With conditions of approval, the proposed use would 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. There would be no substantial or undue adverse effects on surrounding properties. All neighboring properties are zoned MMDC and another church is located near the proposed project. Storm water would be adequately retained and a condition of approval would ensure that no hazardous materials would be stored on-site. Traffic impact fees would be collected by the City of Lacey and Thurston County to mitigate traffic impacts of the proposed project. Parking would be adequate to serve the proposed project and there would be no off-site parking effects from the project. Landscaping and existing trees would screen the proposed project from neighboring properties. Findings of Fact Nos. 3, 4, 6, 9 through 13. b. The use would be adequately served by and would not impose an undue burden on any of the improvements, facilities, utilities, or services existing or planned to serve the area. The proposed project would connect to City of Lacey public water and sewer systems and would decommission the existing septic system. The Applicant would widen David Street and install sidewalks on one side. The closure of one of the non-conforming access driveways would improve safety; a condition of approval ensures that the Applicant would close the other non-conforming driveway in the future. Findings of Fact Nos. 5 & 8. 4. The proposed project complies with the requirements for a Forest Land Conversion Permit in the Lacey UGA outlined in TCC 17.25.400. The proposed project complies with the Thurston County Critical Areas Ordinance, TCC Chapter 17.15 because a church is a permitted use within an aquifer recharge area and no hazardous materials would be stored onsite. The site is not within the shoreline jurisdiction. The Applicant completed a satisfactory landscaping and tree preservation plan through which existing significant trees would be retained and protected. Findings of Fact Nos. 9 & 10. Faith Lutheran Church SUPT No. 2004105773 10 of 14

DECISION Based upon the preceding Findings and Conclusions, the request for approval of a Special Use Permit to expand existing church buildings and construct new buildings in three phases on a 9.1 acre parcel, and the request for approval of a Class IV Forest Practices permit to log 80% of the trees on 2.8 acres of the parcel are GRANTED, subject to the following conditions which must be satisfied by the Applicant and/or its successors. 3 A. Prior to final approval of the proposed Special Use Permit, the following requirements of the Environmental Health Division of the Thurston County Public Health & Social Services Department shall be met: 1. Prior to release of building permits for the new buildings, all plans and specifications for new classrooms and any food service facilities must be reviewed and approved by the Food and Environmental Services Program of the Department. Prior to final building occupancy approval for new classrooms and/or food service facilities, a preopening inspection must be satisfactorily completed by the Food and Environmental Services Program. 2. Prior to final building occupancy for the new buildings in each phase, City of Lacey sewer must be extended to the site and all new and existing buildings must be connected. Written confirmation from the City of Lacey of final approval for the sewer extension and connection must be received by the Thurston County Environmental Health Division prior to final building occupancy of buildings in each phase. 3. Prior to final building occupancy approval for the new buildings, the existing on-site septic system must be abandoned per Article IV of the Thurston County Sanitary Code. An abandonment permit is required. B. Prior to or in conjunction with the issuance of any building permits and operation of the facility, the following requirements of the Roads and Transportation Services Department shall be met: 1. The proposed roadway in concept and design shall conform to the 1999 Thurston County Road Standards and the City of Lacey road standards and development guidelines. 2. Pursuant to TCC 18.24, the Applicant shall execute an agreement and provide a financial security to assure successful operation of the required improvements (i.e., roads, signage, illumination, landscaping, etc.) prior to final approval. Improvements not covered by this agreement are water, sewer and stormwater facilities. These are addressed either by separate county ordinance or the utility purveyor. 3 Affected property owners may request a change in valuation for property tax purposes. Exhibit 1, Staff Report. Faith Lutheran Church SUPT No. 2004105773 11 of 14

3. The stormwater management system shall conform to the 1994 Thurston County Drainage Design & Erosion Control Manual and TCC 15.05. 4. Proposed utility work within the Thurston County Right of Way shall conform to the 1999 Thurston County Road Standards and TCC 13.56. These standards do not address specific design requirements but focus on items such as restoration of the County right-of-way and traffic control. 5. The proposed water and sewer system shall be designed in accordance with the standards and specification of the respective utility purveyor. All water and sewer plans are subject to review and acceptance by the respective utility purveyor. 6. The proposed grading or site work shall conform to Appendix J of the International Building Code, TCC 14.37 and the 1994 Drainage Design & Erosion Control Manual. 7. Erosion control measures must be in place prior to any clearing, grading, or construction. Control measures must be effective to prevent stormwater runoff from carrying soil and other pollutants into surface water or storm drains. 8. This approval does not relieve the Applicant from compliance with all other local, state and/or federal approvals, permits, and/or laws necessary to conduct the development activity for which this Special Use Permit is issued. Any additional permits and/or approvals shall be the responsibility of the Applicant. 9. The existing eastern access on Pacific Avenue adjacent to the A+ Plumbing site (parcel number 48200300100) shall be allowed to remain until the property to the east redevelops and an easement access is available. 10. Pursuant to Thurston County Road Standards and TCC 17.10, the Applicant shall contribute $7,467.00 to the Thurston County Road and Transportation Services Department to mitigate traffic impacts arising from the proposed project. 11. Pursuant to Lacey Municipal Code Section 14.21, the Applicant shall contribute $27,045.00 to the City of Lacey to mitigate traffic impacts arising from the proposed project. The payment of traffic mitigation fees may be phased as approved by both the City of Lacey and Thurston County. C. Any signage shall comply with TCC 21.75. Prior to Phase III occupancy, the existing free-standing sign shall be removed from the site and a new monument sign shall be installed. When the existing free-standing sign is removed, a second monument sign meeting the requirements of TCC 21.75 may be installed at the northeast entrance. D. All parking spaces shall comply with TCC 21.70 and 21.72 with regards to design and landscaping. Faith Lutheran Church SUPT No. 2004105773 12 of 14

E. Lighting shall be designed and shall function in a manner that shields direct light from adjoining streets and properties pursuant to TCC 20.40.060. F. The design of the proposed project shall be in substantial compliance with the approved project design review and its conditions associated with this project. 4 G. All development on the site shall be in substantial compliance with the approved site plan, except as conditioned above. H. Any expansion or alteration of the approved use beyond that initially approved in this document 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. I. Site clearing and tree removal shall be done in compliance with TCC 17.25.400, TCC 17.15.700, and the Tree Protection Plan as submitted by the Applicant as part of this application. J. All development and use of the property shall be consistent with the Thurston County Critical Areas Ordinance, including Chapter 17.15.500, Aquifer Recharge Areas. Gaspowered backup generators are not permitted on the property pursuant to the requirements of TCC 17.15.520(C)(4). K. All landscaping shall be completed prior to occupancy as each project phase is constructed. In no case may the property owner/applicant delay performance for more than one year after occupancy. In addition, pursuant to TCC 21.80.090 an irrevocable assignment of funds equal to 150% of the estimated cost of the landscaping and irrigation is required prior to building permit issuance. If a performance assurance device or evidence of a similar device is required under TCC 21.80.090(A) and (B), the property owner shall provide Thurston County with an irrevocable notarized agreement granting the county and its agents the right to enter the property and perform any required work remaining undone at the expiration of the assurance device. The landscaping shall be permanently maintained in such a manner as to accomplish the purpose for which it was initially required. L. The Applicant shall apply for building permits for Phase I of the project no later than three years following Special Use Permit approval. The Applicant shall apply for building permits for Phases II and III of the project no later than ten years following Special Use Permit approval. 4 The design review approval is contained in Project No. 2004105773, Folder Sequence No. 05-111215-ZB. The approval is also known in this request as Exhibit 1, Attachment p. Faith Lutheran Church SUPT No. 2004105773 13 of 14

M. Off-site parking shall not be permitted for church services and/or church-sponsored events with the exception of legal on-street parking or parking in other legal parking facilities. N. The Applicant shall apply for coverage under the National Pollution Discharge Elimination System (NPDES) and State Waste Discharge General Permit for Stormwater Discharges Associated with Construction Activities. The Applicant shall show proof of these approvals prior to beginning grading activities on the site. O. The Applicant shall obtain a demolition permit from the Olympic Region Clean Air Agency prior to the demolition of any structures on-site. Decided this 1 st day of November 2005. James M. Driscoll Hearing Examiner for Thurston County \\Tcbldg1d\VOL1\apps\track\Planning\Amanda Save File\Special Use Permit ZM\Hearing Examiner\Non Residential Use\Decisions\2004105773.decision.faith lutheran.doc Faith Lutheran Church SUPT No. 2004105773 14 of 14