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Home My WebLink AboutR-1491 - Adopting findings, conclusions and decision concerning the Marysville Golf Center......;. ,. CITY OF MARYSVILLE Marysville,Washington RESOLUTION No./t{il A RESOLUTION OF THE CITY OF MARYSVILLE ADOPTING FINDINGS,CONCLUSIONS AND DECISION CONCERNING THE MARYSVILLE GOLF CENTER. WHEREAS,a hearing before the Marysville Hearing Examiner was conducted on May 23,1991 concerning the review of the Conditional Use Permit issued to the Marysville Golf Center to operate a golf driving range in a single-family zone;and WHEREAS,the Hearing Examiner admitted numerous written exhibits and heard public testimony at said hearing;and WHEREAS,the Marysville Hearing Examiner entered written Findings,Conclusions and a Decision dated June 12,1991, ordering the Marysville Golf Center to cease operation within fourteen (14)calendar days of the date of his Decision,and imposed a list of conditions and requirements which must be met before the Golf Center could be reopened;and WHEREAS,by letter dated June 21,1991 the Marysville Golf Center,by and through its attorney,requested reconsideration of the Hearing Examiner's decision which was processed as an appeal thereof in light of the fact that the city's Hearing Examiner ordinance,Ordinance No.1817,provides that the Hearing Ex- aminer's decision is a recommendation only which may be appealed to the Marysville City Council;and WHEREAS,on July 1,1991 the Marysville city Council determined that it would hear the appeal of this matter at a public hearing which was scheduled for July 22,1991;and WHEREAS,on July 22,1991 the Marysville city Council held a public hearing at which the written Decision of the Hearing Examiner dated June 12,1991,along with each of the written exhibits referenced therein,were made a part of the record.In addition,sworn testimony was received from the city Planning staff,the owner of the Marysville Golf Center and his attorney, and those members of the pUblic both in favor of and against the Decision of the Hearing Examiner;NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARYS- VILLE,WASHINGTON AS FOLLOWS: Based on the aforementioned pUblic hearing,the City council enters the following: RESOLUTION - 1 ., FINDINGS OF FACT 1.Each of the aforementioned recitals above are hereby adopted as a finding of fact. 2.Legal counsel for the Marysville Golf Center outlined the following four issues concerning the operation of the Golf Center: a.Noise relating to the use of Golf Center lawn mowers. b.Lighting. c.Landscaping. d.Errant golf balls. 3.Legal counsel for the Golf Center testified that the noise problem concerning the lawn mowers had been solved,that his client is willing to comply with all lighting requirements of the Marysville Municipal Code,and indicated that the landscaping issue would be addressed by his client.with respect to the errant golf balls,it was offered that the Golf Center would be willing to provide a general liability insurance policy naming the city as an additional insured,adopt a policy whereby the users of the Golf Center would be assigned to stalls in a manner which would enable the Golf Center to identify the user,and attempt to assign liability to the golfers.It was also offered to revise the placement of the tee area pads in order to change the direction in which golf balls are hit. 4.The owner of the Golf Center,Kurt Ramcke,testified that he has changed the method of mowing the Golf Center;that children do steal golf balls from the Center;that pole exten- sions could raise the net from the current 75 feet to 100 feet; that there previously were orange netting "arms"that were placed adjacent to the golfing boxes which had been taken down; and that trees were destroyed on 67th street due to construction of the street widening project. 5.Several persons testified in support of the Golf Center and indicated that the Golf Center was a needed recrea- tional facility,and that children and others were responsible for cutting holes in the Golf Center's nets and stealing balls from the Golf Center. 6.Several members of the pUblic testified in opposition to the Golf Center concerning damage to their property from errant golf balls,risk of injury from golf balls,and concerning numerous other concerns which are generally outlined in sections RESOLUTION - 2 --------------------------------------------, ", 0(1)through (9)of the Hearing Examiner's Decision.Such findings are adopted by this reference. 7.Testimony was also received concerning the effect of limiting irons only to all golfing stalls except the five located on the northernmost part of the facility.Some property owners testified that golf balls continue to be found on their property in spite of the restriction.One property owner testified that the revision solved the problem and no golf balls were being found on his property. Based on the aforementioned Findings of Fact,the City Council enters the following: CONCLUSIONS 1.Section 19.44.045 of the Marysville Municipal Code allows the Hearing Examiner to reaffirm,modify or rescind all or any part of a Conditional Use Permit after a review hearing has been held.Hearings have now been held before both the Hearing Examiner and the City Council.Section 19.44.020 of the Marysville Municipal Code makes no reference to uses that precede other uses in an area.It does,however,state that the use must meet all required conditions and specifications set forth in the zone where it proposes to locate.In this case,the Golf Center is located in the RS 9600 zone and must be compatible with other uses in that zone.(Section 19.44.020(b).) 2.Conditional uses must also comply with Sections 19.44.020(a),(c)and (d).Those sections indicate that the use should: a.not endanger the public health or safety. b.not be injurious or detrimental to adjoining or abutting property. c.be in harmony with the area in which it is located. 3.Based upon the record presented to the Hearing Examiner and the record before the Marysville City council as presented on July 22,1991,the Marysville Golf Center does not meet the criteria for issuance of a Conditional Use Permit. Sufficient evidence has been presented which documents that stray golf balls have hit and have nearly hit people in the neighbor- hood.Balls have hit and damaged houses and cars.The lights have become a nuisance to certain neighbors. 4.The evidence shows that the owner of the Golf Center has taken action to remedy the early morning noise problem related to the mowing of the grass at the facility.The land- RESOLUTION - 3 r-.., scaping deficiencies appear to have been caused by improvements made to 67th street. Based upon the foregoing Findings of Fact and Conclusions, the Marysville city Council enters the following: DECISION 1.The Marysville Golf Center shall increase the height of the netting by a minimum of 25 feet. 2.All golfing stalls shall be modified to correct the problem of errant golf balls.The cage area of the stalls shall be extended or otherwise modified so as to stop or deflect errantly-hit golf balls in the same or similar manner as was previously utilized by the orange netting "arms"that were taken down. 3.All golfing stalls except the five which are on the northernmost part of the facility shall be used for "irons only." The five stalls on the northernmost part of the facility may be used for woods or irons. 4.The owner shall implement a system of identifying each user of the facility.The name,address and positive identifica- tion shall be required from all users of the facility.The time of day when the user begins and ends his or her golfing shall be recorded by the owner. 5.The owner shall comply with all requirements of the Marysville Municipal Code concerning lighting. 6.The City of Marysville shall be named as an additional insured on the liability policy of the owner of the Marysville Golf Center.The policy limits shall be not less than $1 million and shall cover all damages which may arise from the use and operation of the facility.A certificate of insurance shall be provided to the City evidencing proof of said insurance. 7.The owner shall secure all necessary permits to perform the modifications referenced in items 1 and 2 above.Plans for said modification shall be submitted for review to the city Building Department and Public Works Director or his designee. The City shall review said plan as soon as it is submitted and shall make every attempt to review the plan within five (5)days of the date it is submitted. 8.Each of the above-referenced items shall be incor- porated as amendments to the original Conditional Use Permit No. CU-09-0887B. RESOLUTION - 4 ...!,"..c 9.Items 1 through 7 referenced above shall each be completed within thirty (3~days of July 23,1991.If the owner fails to complete any of the above-referenced requirements within this stated time frame,the Conditional Use Permit shall im- mediately be revoked and the Marysville Golf Center shall cease operation until such time as said requirements have been met. This Decision shall be final and conclusive,with the right of appeal to Snohomish County Superior Court by writ of Cer- tiorari within fifteen (15)calendar days of the date set forth below.Pursuant to MMC 2.70.140,the cost of transcription of all records ordered certified by the court for such review shall be borne by the applicant for the Writ. PASSED by the City council and APPROVED by the Mayor this 5th day of August,1991. CITY OF MARYSVILLE By :&(k~ MAYOR Attest: BY~~TYCLERK Approved as to form: "J~I:Uf,.,~RNEY RESOLUTION - 5