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Home My WebLink About61-05 - Ord. Interim Zoning Code for Allyn Urban Growth Area ORDINANCE NUMBER 61 -05 INTERIM MASON COUNTY ZONING CODE FOR THE ALLYN URBAN GROWTH AREA AN ORDINANCE extending adopted interim amendments to Mason County development regulations, Mason County Code Chapters 17 . 10 to 17 . 17, under the authority of Chapters 36 . 70 and 36 . 70A RCW. WHEREAS, the Allyn Community Association had prepared the draft zoning code over a period of nine months, worked on it with county staff, advertised it locally, distributed it to the community, held a workshop on it attended by at least 25 citizens, and approved it at public meetings ; WHEREAS, the Allyn Community Association submitted a proposed amendment to the zoning code, urging prompt action by the county; WHEREAS, the interim zoning code promotes orderly development within the Urban Growth Area consistent with the community vision for Allyn, which is adopted in the Mason County Comprehensive Plan; WHEREAS, the proposed zoning code advances a number of public purposes as stated in the code in various sections titled "purpose" and relevant to the code as a whole and the individual chapters and zoning districts ; WHEREAS, a zoning code is necessary for planning of capital improvements necessary to provide for urban growth as the zoning designations allow for predictability for the demand for services and improvements; WHEREAS, action to extend this zoning as amended is necessary to foreclose the possibility of incompatible development occurring before the sub-area plan can be finished and final codes adopted; WHEREAS, the Mason County Board of Commissioners scheduled a public hearing on August 2, 2005 , to get comment on and consider this issue; and WHEREAS, the interim regulations would remain in effect long enough to allow time for additional detailed planning for the urban area and revised regulations based on that work. NOW, THEREFORE, BE IT HEREBY ORDAINED, that the Board of Commissioners of Mason County hereby approves the June 28 , 2005 proposal with the underlined changes to Section 17 . 10 .450, as indicated and extend approval of the Allyn Urban Growth Area Interim Zoning Map dated July 12, 2004, as interim Ordinance No . 61 -05 to be effective until March 31 , 2006 . DATED this 28t' day of June, 2005 . BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: � Jay#i L. I_ amin, Chairperson/ Re cca S . Rogers, Clerk of the B ` d v P D TO FORM: LyrAa Ping Erickson, Co Toner V/ F(2, t 4 DF Deputy Prosecuting Attorney Tim Sheldon, Commissioner 11CLUSTERJ HOME SERVERWOIMCBCOMMONIRESOLUTIONSI20051ALLYNINTERIMURBANGROWTHAREA. DOC The following text change is recommended for the Allyn Interim Zoning Code : 17aM450 Setbacks . 1 Where four or more lots on a block have been improved with buildings the minimum front yard setback required shall be the average of the combined setbacks , subject to building and fire codes . 2 . Where a parcel is less than 50 feet in width the required setback shall be 10% of the width , but in no case shall be less than required by building or fire codes . 30 No accessory structure shall be located closer than 5 feet from a property line . 4 . Residential structures located in commercial or industrial zones shall comply with the setback requirements for the type of structure in the zone in which it is allowed . 5 . All required setbacks shall be measured from the nearest fee simple property line , except that front yard setbacks shall be measured from the edge of the right- of-way or access easement. 6 . Proof of survey is required for any building permit for a new building or expansion of the building footprint. The survey shall be no older than 10 years unless the relevant survey monuments are visible . � . Additional building setback — Buildings shall be setback from the rights-of-waif the Plat of Allyn as set forth on the " Proposed Plat of Allyn Right of Way Map dated April 28 , 2005 . FINDINGS OF FACT Board of County Comm issioners June 28, 2005 1 . Proposed is an action to extend adoption of an interim ordinance, as amended, which extends interim adoption of development regulations, including zoning districts and development standards which will be applicable only within the boundary of the Allyn Urban Growth Area; 20 Allyn is a designated urban growth area in the Mason County Comprehensive Plan; itself adopted under the provisions of the Growth Management Act (GMA), Revised Code of Washington (RCW) Title 36 . 70A; 3 . Detailed zoning districts and codes are necessary for orderly growth, separation of incompatible uses, implementation of Comprehensive Plan policies, establishment of standards of development which contribute to a livable community, and effective planning of public facilities and services commensurate in size and nature of the area they serve ; 49 Growth in Allyn has accelerated with the construction and operation of the North Bay — Case Inlet Waste-Water Treatment Plan; 5 ° An official zoning map and zoning regulations will protect property values through development of distinct cohesive commercial and residential neighborhoods ; 64 A zoning map and zoning regulations are necessary to insure sustainable commercial and industrial development districts because the proposed regulations will provide property owners and investors with a consistent and defined regulatory environment and a surety that investment in their property will be protected by standards that require the development of compatible uses and comparable level of improvements, among other benefits; T The zoning map and zoning regulations were principally prepared by the residents and property owners of Allyn and the Allyn Community Association submitted the original draft to the county for review with the recommendation for adoption by the county as soon as possible; 8 ° The interim zoning regulations contained in this ordinance are consistent with and act toward implementing the adopted Mason County Comprehensive Plan and the Allyn Subarea vision and goals contained therein, and County-Wide Planning Policies ; 90 The interim regulations and zoning map will provide a framework for ongoing development while final UGA plans and regulations are being prepared over the course of the next six months ; Page 1 Findings of Fact June 28 , 2005 10 . The Allyn Community Association Sub-area Plan Committee has reviewed the proposed interim regulations and map and recommends their adoption; 11 . The Allyn Community Association Sub-area Plan Committee subsequently requested amending the regulations to preclude development within these rights-of--way until the studies and plans are completed, as development within these rights-of-way could compromise the long-term viability of the platted rights-of-way and threaten future plan implementation; 12 . The Mason County Board of Commissioners held a public hearing on the proposal on June 28 , 2005 , and August 2, 2005 , and considered the written record, staff presentation and public written and oral testimony received at the advertised public hearing; 13 . The Growth Management Act does allow for the adoption of interim development regulations, necessary to the implementation of the Comprehensive Plan, outside of the annual review process and for a specific period not to exceed one year. The process followed in this consideration meets these requirements, and; 14. The interim zoning map and regulations are needed to allow for on-going project and community development while the final sub-area plan, zoning map, and regulations are prepared. Board of Commissioners Mason County, Washington Tim Sheldon, Commissioner ytfda Ring-Er' • cson, Commissioner Ja in, Commissioner Page 2 Findings of Fact June 28, 2005 ¢0 m R-1 { ®B e0 R-9R o .. _ RAP .EPOSVW An .on L.k eke R-3 � qj y ~VR a ,�,Pos ~VR R-t i A o sao t,000 2,000 Feat " Legend Allyn Urban Growth Area W ! 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