HomeMy WebLinkAbout73-07 - Ord. Adding Educational Learning Center as Land Use0 " I INANCE NUMBER 73 - 07
AN ORDINANCE AMENDING MASON COUNTY DEVELOPMENT REGULATIONS
ADDING EDUCATIONAL LEARNING CENTER AS A LAND USE TO
FIGURE 1.03.020 MASON COUNTY MATRIX OF PERMITTED USES
AND ADDING A NEW DEFINITION TO SECTION 1.06.
AN ORDINANCE amending the Mason County Development Regulations, Ordinance No. 82-
96, by adding educational learning center as a land use to Figure 1.03.020 Mason County Matrix of
Peitnitted Uses, and adding a new definition to Section 1.06, under the authority of Chapters 36.70
and 36.70A RCW.; Article 11, Section 11 of the State Constitution, the County's police power;
and any other applicable authority.
WHEREAS, the Mason County Development Regulations (adopted as Ordinance No. 82-96)
was last amended by Ordinance No. 48-07 on May 15, 2007;
WHEREAS, the Department of Community Development has prepared revisions to this
implementing ordinance by which the Department of Community Development can evaluate and
approve a proposed development and land divisions that are conforming with clear development
standards and are not in conflict with existing land uses and property rights;
WHEREAS, at the September 25, 2006 Mason County Planning Advisory Commission meeting,
the Department of Community Development presented these Mason County Development
Regulations revisions, the Planning Advisory Commission members discussed these proposed
revisions, heard public comments, and then passed a motion to recommend approval of the
addition of this land use to the Development Regulations Figure 1.03.020, Mason County Matrix
of Permitted Uses, and the new land use to Section 1.06 Definitions;
WHEREAS, the Board of County Commissioners held a public hearings about the proposed
revisions on December 12, 2006 and July 3, 2007, to consider the recommendations of the
Planning Advisory Commission, and the testimony of the Mason County Department of
Community Development and citizens on the proposed revisions to the Mason County
Development Regulations; and
WHEREAS, based upon the staff report; the proposed revision to add this land use to the
Development Regulations Figure 1.03.020, Mason County Matrix of Permitted Uses, and the
new land use to Section 1.06 Definitions, and public testimony, the Mason County Board of
Commissioners has approved findings of fact to support its decision as ATTACHMENT A.
'H'ORM
Ordinance No. 73 - 07 (continued)
NOW, L'HER 'Hi 'ORE, , BE HE 1' BY ORD IN F, that the Mason County loard of
Commissioners adopts a motion to approve the presented revisions that would amend Mason
County Development iegulations by adding educational learning ccnter as a land use to Figure
1003 0020 Mason County Matrix of Permitted Uses, and adding a new definit±on to Section 1006,
as described by A Tr CHM Ir \'_'B.
D
HD this 3
d day of July 200/0
ke. 7,44>
Clerk of the Board
APPROVED AS TO
•
Pro - c . ting Atto
"CARD OF CcUN'1
CCOM,VIi I(SS I[ O\ERS
MASON CCG L \TY, WASH ► H\GT
de/ bigfri/ig
a Ring irickson, CHAIRPERS J\
im S
le
don, COMWSS
ss Gallagher, CO
y
ISSIO\
ATTACHMENT A
AN 0" I INANCE AMENDING MASON COUNTY DEVELOPMENT REGULATIONS
ADDING EDUCATIONAL LEARNING CENTER AS A LAND USE TO
FIGURE 1.03.020 MASON COUNTY MATRIX OF PERMITTED USES
AND ADDING A NEW DEFINITION TO SECTION 1.06.
MASON COUNTY BOARD OF COMMISSIONERS
July 3, 2007
FINDINGS OF FACT
1. Under consideration are proposed changes to the Mason County Development Regulations•
adding educational learning center as a land use to Figure 1.03.020 Mason County Matrix of Permitted
Uses, and adding a new definition to Section 1.06, under authority of Chapters 36.70 and 36.70A RCW.
2. The Mason County Development Regulations sets forth clear development standards and
procedures to evaluate and approve proposed development and land divisions in Mason County.
3. The Mason County Department of Community Development staff has presented a proposed
revisions to this ordinance, regarding the educational learning center land use, which adds this land use to
the Development Regulations Figure 1.03.020, Mason County Matrix of Permitted Uses and the new
land use to Section 1.06 Definitions.
4. At the September 25, 2006 Mason County Planning Advisory Commission meeting, the Planning
Advisory Commission members discussed these proposed revisions, heard public comments, and then
passed a motion to recommend approval of the addition of this land use to the Development Regulations
Figure 1.03.020, Mason County Matrix of Permitted Uses, and the new land use to Section 1.06
Definitions.
5. At the December 12, 2006 and July 3, 2007 public hearings, the Board of County Commissioners
considered the recommendations of the Planning Advisory Commission, and the testimony of Depai titient
of Community Development staff and citizens regarding the review of the proposed revisions to the
Mason County Development Regulations and potential impacts to designated agricultural resource lands
in Mason County.
FROM THE PRECEDING FINDINGS, and based upon the staff report, proposed revisions, and public
testimony, the Mason County Board of Commissioners adopts a motion to approve the proposed changes
to the Mason County Development Regulations, adding educational learning center as a land use to
Figure 1.03.020 Mason County Matrix of Permitted Uses, and adding a new definition to Section 1.06.
Chair, Mason County Board of Commissioners �_ Date
ATTACHMENT B
1.03 Development Requirements
1.03.010 Permitted Uses, Generally
It is the intent of this Chapter to provide for the maximum amount of flexibility in the siting of
differing types of land uses. For this reason, the performance standards and buffer yard
requirements found at Section 1.03.036 have been developed. However, both the Comprehensive
Plan. and this Chapter recognize that some uses and densities will create inherent conflicts with
surrounding land uses, and with the intent of the Comprehensive Plan. Thus, some uses are
prohibited in some areas and the intensity of some uses (such as residential, expressed in dwelling
units per acre, and industrial, expressed in floor area ratio) are restricted in others. Many of the
requirements that apply to Rural Lands have been placed in Chapter 1.04.
1.03.020 Matrix of Permitted Uses
The intent of this section is to assist proponents and staff in deter niimng whether a proposed land
use is consistent with the applicable policies of the Comprehensive Plan. Those policies were
foiiued with the intention to allow property owners and project proponents as much flexibility as
possible in the use of their property, within the constraints of the Growth Management Act
Therefore, the following matrix identifies the peiinitted uses in the urban or resource land areas in
Mason County note that the public should consult the specific adopted urban growth area plan for
land use designation as permitted or prohibited. Permitted uses, as they apply to Rural Lands, have
been placed in Chapter 1.04. All uses not fisted as peiiintted uses, accessory uses, or special
penult uses in the matrix or Chapter 1.04 are prohibited uses
1.03.021 Cottage Industries
Unless noted by an asterisk (*) any use shown in FIGURE 1 03.020, or any use peiiuitted
pursuant to Sections 1.03.022 or 1.03.024, is permitted in any development area as a home -
based occupation, or as a cottage industry. The activity shall comply with the criteria in RU-
524A, and shall be required to obtain a special use pennit unless they comply with the
following standards*
A. Parking areas shall accommodate residents and employees only; any provision for
additional parking shall require a Special Use Permit.
B. The outdoor storage of merchandise or materials is allowed if they are not visible to the
public from off the site.
C. A cottage industry shall involve the owner or lessee of the property who shall reside
within the dwelling unit, and shall not employ on the premises more than five (5) non-
residents. A temporary increase in the number of employees is permitted to
accommodate a business that is seasonal in nature. However not more than five
additional persons shall be employed on a temporary basis (up to six weeks) without a
Special Use Permit.
D. More than one business may be allowed, in or on the same premises provided that all of
the criteria are met for all business combined.
E. There shall be no alterations to the outside appearance of the buildings or premises that
are not consistent with the residential use of the property, or other visible evidence of
the conduct of such cottage industry other than one sign no larger than 32 square feet.
F. No equipment or process shall be used in such home occupations which createsnoise,
vibration, glare fumes, odors, or electrical interference detectable to the normal senses
off the property
G. The cottage mdustry shall not create an increase of 5% or more in local traffic.
MASON COUNTY DEVELOPMENT REGULATIONS July 2007 changes page 1
X=Permitted Use T=permitted L as tourist related use R—permitted only as re. .ce based use S=special
use permit required *=not allowed as cottage industry U= consult the specific adopted urban growth area plan
and development regulations for land use designation as permitted or prohibited.
[PLEASE NOTE: Rural Land Uses are addressed in Section 1.04]
MASON
COUNTY
MATRIX
OF
PERMITTED
USES
FIGURE
1
03
020
Description
of
Use
Classification
Land
Use
(U)
Growth
Urban
Areas
Resource
Areas
Agricultural
Resource
Lands
Accessory apartment
or use
I
X
X
X
Adult
retirement
community
III
X
Adult
day-care
facility
(less
than
8)
II
X
Adult
-day
care
facility
(greater
than
8)
III
X
Agricultural
buildings
I
X
X
Agricultural
crops,
orchards
I
X
X
Airport*
VI
X
Ambulance
service
V
X
Animal
Hospital
V
X
Aquaculture
IV
X
X
X
Assisted
living
facility*
III
X
Auction
house/barn
(no vehicle
or
livestock)
V
X
Automobile
service station*
V
X
Automobile
wash*
V
X
Automobile,
repair
V
X
Automobile,
sales*
V
X
Bakery
IV
X
Banks,
savings
&
loan assoc.*
IV
X
Bed
&
breakfast
IV
X
X
Bicycle
paths,
walking
trails
II,
I
X
X
X
Billiard
hall
&
pool
hall*
V
X
Blueprinting
&
photostating
V
X
Boat
yards*
V
X
Bowling
Alley*
II
X
Buy-back
recycling
center*
V
X
Cabinet
shops
(see
Industry,
light)
V
X
Carpenter
shops
(see
Industry,
light)
V
X
MASON COUNTY DEVELOPMENT REGULATIONS July 2007 changes
page 2
X=Permitted Use T—permitted as tourist related use R—permitted only as re.. ice based use S=special
use permit required *=not allowed as cottage industry U= consult the specific adopted urban growth area plan
and development regulations for land use designation as permitted or prohibited.
[PLEASE NOTE: Rural Land Uses are addressed In Section 1.04]
Description
of
Use
Classification
Land
Use
(U)
Growth
Urban
Areas
Resource
Areas
Agricultural
Resource
Lands
Carport
(accessory use)
I
X
X
X
Cemeteries*
I
X
II
X
Child
day
care, commercial*
Child
day
care,
family
I
X
X
Church
X
II
Non
-Profit
Club
or
lodge,
private*
IV
X
Commercial
outdoor
recreation
II
X
Confectionery
stores
(see
Retail
sales)
IV
X
V
X
Contractor
yards
Convenience
store,
3,000 sf
or
less
V
X
Cottage
Industries
IV
X
X
X
V
X
Depaitment
stores
(see
Retail
sales)*
Distributing
facilities
(see
Industry,
Light)
V
X
Drug
stores
(see
Personal
services)*
V
X
Dry
cleaners
(see
Personal
services)*
V
X
Dwelling,
multi
-family
(4
family
or
less)
*
II
X
X
III
Dwelling,
multi
-family
(5
family
or
greater)*
Dwelling,
single-family
(See Figure 1.03.034)
X
X
X
Educational
Learning
Center
X
X
S
II
V
X
Electric/neon
sign
assembly,
servicing repair
Espresso
Stands
IV
X
Fire
Stations*
IV
X
S
S
Flea
market
V
X
Food
markets
& grocery stores*
V
X
VI
X
X
Forestry
Freight
terminal,
truck*
V
X
Fuel
storage
tanks
(underground,
>500 gal)
I
X
X
X
(accessory
use)
Fuel
(accessory
storage
tanks
use)
(underground,
500 gal.
or
less)
I
X
X
X
I
X
X
X
Fuel
storage
tanks,
above
ground
(accessory use)
Furniture repair
(see
Industry,
light)
V
X
MASON COUNTY DEVELOPMENT REGULATIONS July 2007 changes
page 3
X=Permitted Use T—permitted c, as tourist related use R permitted only as re.. ce based use Sr -special
use permit required *=not allowed as cottage industry U= consult the specific adopted urban growth area plan
and development regulations for land use designation as permitted or prohibited.
[PLEASE NOTE: Rural Land Uses are addressed in Section 1.041
Description
of
Use
Classification
Land
Use
(U)
Growth
Urban
Areas
Resource
Areas
Agricultural
Resource
Lands
Garage,
private (accessory to dwelling)
I
X
X
X
Garage,
public
parking
V
X
Gravel
extraction*
VI
R
Greenhouses,
private & non-commercial
I
X
X
X
Group
homes
X
III
Hardware
stores 3,000 sf
or
less
IV
X
Hardware
stores more
than
3,000 sf*
V
X
Health
club*
V
X
Heavy
Industry*
VI
X
Home
occupation
I
X
X
X
Horticultural
nursery,
wholesale
and
retail
IV
X
X
X
Hospitals*
V
X
Hotel*
IV
X
Industry,
light
V
X
Inn
IV
X
Kennels
IV
X
X
Libraries*
II
X
Liquor
stores*
V
X
Livestock
IV
X
X
Locksmiths
IV
X
Logging
VI
R
R
Lumber
yards*
V
X
Machine
shops,
punch
press up
to 5
tons
V
X
Marina*
V
X
Medical
-dental
clinic
IV
X
Mining*
VI
R
Mobile
home
park*
X
III
Mobile
Home
Sales*
V
X
Mortuaries*
IV
X
Motel*
IV
X
MASON COUNTY DEVELOPMENT REGULATIONS July 2007 changes
page 4
X=Permitted Use T=permitted c as tourist related use R—permitted only as re. _ce based use S=special
use permit required *=not allowed as cottage industry U= consult the specific adopted urban growth area plan
and development regulations for land use designation as permitted or prohibited.
[PLEASE NOTE: Rural Land Uses are addressed in Section 1.041
Description
of
Use
Classification
Land
Use
(U)
Growth
Urban
Areas
Resource
Areas
Agricultural
Resource
Lands
Motor
vehicle
impound
yards
(see Section
1.03.105)
*
V
X
Non
sales,
-automotive,
rental,
repair
motor
and
vehicle
service
and
related
equipment
V
X
Paint
shop
(see
Industry,
light)
*
V
X
Parcel
service
delivery
(see
Industry,
light)
V
X
Parking
area,
private
I
X
X
X
Parking
area,
public
IV
X
Pasture
I
X
X
Pesticide
application
service
(see
Industry,
light)
V
X
Pet
shop
IV
X
Plumbing
shop
(see
Industry,
light)
V
X
Plumbing
supply
yards
(see
Industry,
light)*
V
X
Post Office,
branch
or contract station
II
X
Post
Office,
distribution
center
or terminal*
V
X
Printing establishments
V
X
Professional
offices
IV
X
Public
parks
X
X
X
II
Public
utility
offices
I
X
Public
utility
service yard*
V
X
Radio
&
TV repair
shops
IV
X
Radio
towers)
&
*
TV transmission
towers (incl.
cellular
phone
IV
X
Rail
-dependent
uses*
VI
X
Recreational
Vehicle
Park*
X
II
Resource
Based
Industry
VI
X
R
Restaurant*
V
X
Restaurants, drive
-through*
V
X
Rifle
Range *
VI
Sawmills
VI
X
R
MASON COUNTY DEVELOPMENT REGULATIONS July 2007 changes page 5
X—Permitted Use T—permitted t as tourist related use R permitted only as re, _ce based use S=special
use perniut required *=not allowed as cottage industry U= consult the specific adopted urban growth area plan
and development regulations for land use designation as permitted or prohibited.
[PLEASE NOTE: Rural Land Uses are addressed in Section 1.04]
Description
of
Use
Classification
Land
Use
(U)
Growth
Urban
Areas
Resource
Areas
Agricultural
Resource
Lands
Schools,
private, elementary
or secondary
X
II
Secondhand
store
V
X
Self-service
storage
facility*
V
X
Shoe
stores or repair
shop
IV
X
Small
engine repair
V
X
Special
Needs
Housing
III
X
Stable
IV
X
X
Stationary store (see
Retail
sales)
IV
X
Studios
(i.e. recording,
artist, dancing,
etc.)
IV
X
V
X
Taverns*
enclosed*
V
X
Theaters,
Tool
sales
& rental
V
X
-related
uses
V
X
Tourist
Trailer
-mix
concrete
plant*
(resource
-dependent
use)
VI
R
Upholstering
V
X
Video
store
(rental,
not
adult)
>3,000 sf*
V
X
Video
store (rental,
not
adult)
3,000 s.f.
or
less
IV
X
Vocational
school
II
X
V
X
Warehousing
Welding
shops
&
sheets
metal
shops
V
X
Wholesale
V
X
yards*
VI
X
Wrecking/Junk
1.06 Definitions
Easement. A covenant which grants or restricts a specific right of use.
Educational Learning Center. A facility dedicated to environmental and resource education and research.
This land use would be permitted on lands designated for long term agricultural use in urban growth areas
with a Special Use Permit This land use would be peiinitted on Agricultural Resource Lands with a Special
Use Permit, using the Special Use Permit criteria and meeting the standard that the proposed land use shall
have no more cumulative impacts than if the land remained in traditional agricultural production.
Environmental Impact Statement (EIS). A document detailing the expected environmental impacts of
a proposed action.
MASON COUNTY DEVELOPMENT REGULATIONS July 2007 changes page 6