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Home My WebLink AboutDDR2008-00133 Zoning Hearing - DDR Letters / Memos 00 Case Activity Listing 10/7/2015 1:52:14PM Case#: DDR2008-00133 Description: Rezone western portion of one parcel in the Belfair UGA from R5 to GC-BI zone. Assigned Done Activity Description Date 1 Date 2 Date 3 Hold Disp To By Updated Updated By DDRA10 Application Received 6/30/2008 6/30/2008 None DONE KKK 6/30/2008 KKK DDRB010 Planning Review 6/30/2008 None AHB 6/30/2008 KKK DDRB100 Letter of Completeness 7/23/2008 None DONE AHB 9/4/2008 JMS You have provided the completed application,written responses to the eight rezone criteria,associated maps,and list of names and addresses of surrounding property owners for public notification. You will be notified of the date of public hearing in front of the Planning Advisory Commission,likely in mid-September 2008. DDRA600 Application APPROVED 11/25/2008 None DONE AHB AHB 12/7/2010 AHB Request that west portion of property to be rezoned to General Commercial/Business Industrial is apprroved by County Commissioners with condition that limits to the primary land uses.AHB DDRA950 Meeting 11/25/2008 11/25/2008 None DONE AHB 12/7/2010 AHB Planning Advisory Commission hearing on Sept.29,2008;approval recommended. County Commissioners hearings on November 18 and 25,2008;approval with condition added. AHB Page 1 of 1 CaseActivity..rpt R.W. THORPE & ASSOCIATES, INC. Seattle • Anchorage • Denver • Winthrop e• Planning Landscape Environmental Economics ❖ PRINCIP ASSOCIATES: Robert It�grpe,AICP,President Jennifer Lee,ASLA Step n$ el,ASLA,Vice President Barbara Baker,AICP Letter of Transmittal Date: October 22, 2008 ~i RWT/A Job Number: 0807060 Project:Johnson Rezone, DDR 3008-00133 Segment A To' Attention Allen Borden, Planner III Mason County Community Development/Planning Dept. P. O. Box 279 Shelton, WA 98584 Dear Mr.Borden: We are sending you: Copies Date Description 1 10 17 2008 Letter to Mason County Planning Advisory Commission This letter is transmitted as checked below: For your use ✓ For your review and comment For your approval As requested Returned for corrections Approved as noted Comments: Note — this letter was also emailed to you on 10122108. This is the hard copy we indicated we would send to you. Please present the letter to the Mason County Planning Advisory Commission Sincerely, R.W. Thorpe &Associates, Inc. i� Robert W. Thorpe, AICP President 705 Second Avenue Suite 710 • Seattle WA 98104•Telephone:206/624-6239•Fax:(206)625-0930 • E-Mail:rwta@rwta.com :• &W. THORPE & ASSOCIATES, INC. Seattle • Anchorage • Deriver • Winthrop r Planning Landscape • Environmental Economics PRINCIPALS: ASSOCIATES: Robert W.Thorpe,AICP,Presidt►t Jennifer Lee,RLA Stephen Speidel,ASLA,Of Counsel Barbara Baker,AICP October 17, 2008 Mason County Planning Advisory Commission c/o Community Development- Planning Department P O Box 279 Shelton WA 98584 Reference: Johnson Rezone,DDR 2008-00133 Segment,A Honorable Planning Advisory Commission Members: This proposed set of conditions that can be developed in the form of a concomitant agreement that can be-filed with the County Assessor as part of the Title of the Belfair property for approval of the Johnson Rezone, DDR 2008-00133 Segment A. Permitted Uses The following is provided to you as a follow-up to your recommendation at the Public Hearing and your unanimous recommendation to approve the rezone to GC General Commercial— Light Industrial District. The following is proposed as a concomitant agreement that would be filed as a part of the record for the Assessors Office limiting permitted uses. Uses are set forth in 17.24.120 Allowed Uses, and 17.24.140 Special Uses, as shown on the attachment. Page 25 and 26 have the majority of the permitted uses and the majority of the special uses eliminated as potential for this site, leaving as permitted uses: • Office Art Galleries and artist studios • Vehicle parts stores • Building material sales • Light manufacturing—stone, clay, glass • Light manufacturing-handcrafted products Local utility system transmission lines and structures • Outside storage and display • Paint and glass shops • Professional offices • Research and development Service and repair shops Limited Wholesale Trade This list with deletions attached is meant for discussion purposes of suggested permitted uses. 705 Second Avenue Suite 710•Seattle WA 98104•Telephone:2061624-6239•Fax:(206)625-0930•E-Mail:rwta u@ wta.com October 17, 2008 Page 2 of 2 Mason County Planning Advisory Commission Reference:Johnson Rezone,DDR 2008-00133 Segment A Our understanding of the Planning Commission motion was that should the Johnson's or successors in ownership desire other uses; they would come before the planning commission to have those added as allowed or special uses. Second Issue—Buffer Zone. A reading of the industrial standards for commercial/industrial bulk setback and landscaping standards in 17.24.150 indicates a 30' buffer zone around this type of use. It is therefore consistent with our understanding of the Commission's action that future site plan approval would provide for that 30' buffer of landscape areas would be required at the perimeter of the subject property, particularly on the south and west. This would prevent vehicle access from single family neighborhoods to the north and the south, located west of the railroad tracks. This area would be assumed to be replanted with evergreen trees, and with appropriate understory for screening from the adjacent properties. In terms of setbacks, an additional 20' to 25' could be utilized for graded slopes for site development, septic, storm water, bioswales, etc. We greatly appreciate the level of Hearing preparation and analysis the Planning Commission gave this matter, the research and the materials provided both by the Applicant and Staff. We believe this is consistent with the Growth Management Act and the County criteria for this type of rezone and the consistency with your Comprehensive Plan and other regulations. We thank you for your decision in this matter. We look forward to completing this process with inclusion of the suggestions, concomitant conditions on the rezone for Planning Commission recommendation to the County Board of Commissioners. Respectfully submitted, R. W. Thorpe& Associates, Inc. Robert W. Tho e, AIC President cc: Steve& Jack Johnson Dennis Reynolds, Attorney 705 Second Avenue suite 710•Seattle WA_98104•Telephone:206/624-6239•Fax:(206)625-0930•E-Mail:rwta@rwta.com 46 Chapter 17.24 COMMERCIAL AND INDUSTRIAL DISTRICTS IN THE BELFAIR UGA 17.24.100 "GC"-GENERAL COMMERCIAL DISTRICT Sections: 17.24.110 Purpose: The primary purpose of this district is to provide areas that offer a wide range of consumer goods and services for Belfair UGA residents,regional residents,and the traveling public. It is further intended to group buildings and business establishments in a manner that creates convenient, attractive and safe development. Design standards promote safe vehicular and pedestrian access between properties.The district also provides standards intended add visual interest in the developments. Landscaping standards are provided to add visual interest and mitigate the impacts of parking lots on the SR-3 corridor,other streets,and the visual environment within the development. Building heights are limited to three stories.All business shall be conducted within enclosed buildings,except for approved outdoor storage,display,food vendors,and dining areas. 17.24.120 Allowed uses: Uses with a total building size under 50,000 square feet shall be allowed in the GC District as follows: jhMiettte SheP9' Art Galleries and artist studios Vehicle parts stores l3aker-ies,with oft gite sales Bars and twverns other than these asseeimed with fit!!menu food serviee, 'Bieyele sheps- Beek-stores - Berber and be-- Building material sales Ghttrehes E%thing sales and fefftals and shoe stores r_i___.___.._s Feed speeialty shops,ineleding!baked effn >meats,health foods, -GreeeFy Stores- , Fitness and-erobie stedies- _ sl;eps—• jewelry9terea� Light manufacturing of stone,clay,and glass products including:glass,pottery and china ceramic,stone cutting and engraving Light manufacturing of handcrafted products Local utility system transmission lines and structures Ti r C:1�V3iS17Tit [fJ� BELFAIR UGA ZONING CODE-Title 17 Mason County Code Page 25 0410812008 Outside storage and display Professional offices Radio mid teleVisien-brettdettsting statietts --Ree}feli--eer ers- R:enfftl-�easirrg S Research,development and testing services Rest ..___t- --c- __d rood _ __d_ > Retail ti.e.not otherwise nanted— Service and repair shops for appliances,small equipment and automobiles Wholesale Trade Uses 17.24.140 Special uses: The following uses,subject to applicable licensing and development regulations,shall be allowed only with approval of a conditional use permit.Consideration shall be given to the purpose and development standards of the district including any adopted design standards or guidelines. Light Manufacturing Utility buildings and structures except transmission lines and structures e ssch"V IS >brMincgl eageg, skating i inks.. All uses permitted in the Business-Industrial District provided the following conditions are met: • Site is identified as a"General Commercial-Business Industrial Overlay"on the Official Zoning Map for the Belfair UGA. • Development must comply with all bulk and dimensional and design standards and guidelines of Chapter 17.24, Business Industrial District. All uses listed as allowed(17.24.120)where the building exceed 50,000 square feet. -residenee , 17.24.150 Bulk and dimensional standards: Density: The maximum density shall be dictated by the applicable height limit,parking requirements,design guidelines,site constraints,and market conditions. Intensity: No requirements. Min. Lot Area:None. Lot Dimensions:None BELFAIR UGA ZONING CODE-Title 17 Mason County Code Page 26 0410812008 Department of Community Development Planning Division PROJECT TRACKER Project Name: J JAhox Project Planner: M-E COMPLETE ASSIGNED PLANNER TASK yG 60 Day Notice C7� b SEPA if necessa PAC Workshop if necessary) PAC Public Hearin PAC 2" Public Hearing (if necessary) to(� BOCC Briefing o z BOCC Consent Agenda BOCC Public Hearin CTED Transmittal/Adopted Documents Notice of Adoption Published Post on County Website Copy to Permit Center copy to Planners COPY to Department Heads GMA Compliance Projects FGMA COMPLIANCE PROJECTS DUE DATE liance x Record Due Objection to a Finding of Compliance County Response to Objection Compliance Hearin i a i C MASON COUNTY Shelton (360) 427-9670 DEPARTMENT OF COMMUNITY DEVELOPMENT Belfair (360) 275-4467 Planning Mason County Bldg.1 411 N.5th Elma (360) 482-5269 _ P.O.Box 279 Shelton,WA 98584 f December 23, 2008 Steve and Jack Johnson L.L.C. P.O. Box 488 Belfair WA 98528 RE: Decision of Board of County Commissioners on Proposed Rezone by Steve and Jack Johnson L.L.C. Dear Mr. Johnson: On November 25, 2008 the Mason County Board of Commissioners held a public hearing to consider the Rezone No. 08-06 request from Residential 5 zone to General Commercial/Business Industrial zone within the Belfair Urban Growth Area for parcel number 12321-34-00030. A staff report, findings from the Mason County Planning Advisory Commission, and public testimony were taken into consideration in the review of the General Commercial/Business Industrial zone request. On December 2, 2008;the Mason County Board of Commissioners adopted a motion to approve the proposed Rezone No. 08-06 of parcel number 12321-34-00030 (9.60 ac.) from Residential 5 zone to General Commercial/Business Industrial zone within the Belfair Urban Growth Area. The findings of that decision are enclosed. These findings and adoption of motion constitute the decision on this action. The appeal of a legislative action, such as this rezone action, is filed through the Mason County Superior Court. If you have further questions on the decision of this rezone application, you may contact me in the Department of Community Development at (360) 427-9670 ext. 365. Sincerely, Allan Borden Long Range Planner cc: Robert W.Thorp&Associates REQUEST 08-06 - STEVE AND JACK JOHNSON L.L.C. REZONE A PORTION OF ONE PARCEL (PN 12321-34-00030)IN THE . BELFAIR URBAN GROWTH AREA FROM RESIDENTIAL 5 ZONE TO GENERAL COMMERCIAL/BUSINESS INDUSTRIAL ZONE. MASON COUNTY BOARD OF COMMISSIONERS November 25, 2008 FINDINGS OF FACT i. Under consideration is the request to rezone a 9.60-acre portion of one parcel in the Belfair Urban Growth Area from Residential 5 zone to General Commercial/Business Industrial zone. 2. The Mason County Development Regulations Sec. 1.05.080 provides criteria and characteristics for consideration in rezoning parcels from an existing land use zone to another zone. A rezone request is reviewed through a public process in front of the Mason County Planning Advisory Commission and the Board of County Commissioners. 3. At the September 29, 2008 Mason County Planning Advisory Commission meeting;. the Department of Community Development presented a staff report recommending denial of the requested rezone, based.upon not meeting four of the rezone criteria. In their review,the Planning Advisory Commission members asked questions of staff on the nature of the request to zone to a commercial and industrial land use, the critical areas on the property, the existing developed nature of this parcel, and the potential development of this parcel for commercial and industrial land uses. Several public comments were made on the request, including a•= conditional zone as suggested by the consultant for the applicant. Commission members spoke of the land use as a fit with existing area commercial and industrial land uses. 4. Based upon the evaluation of the rezone criteria, the Planning Advisory Commission adopted a motion by 5 to 0 vote to recommend the approval of the rezone request of this 9.60- acre parcel from Residential.5 zone to General Commercial/Business Industrial zone in the Belfair Urban Growth Area. 5. At the November 18, 2008 Mason County Board of Commissioners public hearing, the Department of Community Development presented the staff report recommending the denial of the requested rezone and presented the recommendation for approval by the Planning Advisory Commission. The Board of County Commissioners asked questions of staff and heard several public comments on the request from Residential 5 zone to General Commercial /Business Industrial zone. The Board of County Commissioners commented on the existing business building on the subject property and those to.the east along Peninsula Pl., that the proposed zone is more suitable for the vicinity, and that a possible limit of the land uses allowed under the General Commercial/Business Industrial zone could be committed by agreement between the County and applicants. Rezone findings 2008.doc 6. As provided in Mason County Development Regulations Section 1.05.079, at their November 25, 2008 public meeting the Mason County Board of Commissioners finds that the proposal is in conformity with the Comprehensive Plan: the subject parcel does meet the General Commercial/Business Industrial zone designation criteria, is adjacent to similar- sized parcels with existing commercial and industrial land uses, and the applicant has the ability to redevelop the property with new commercial or industrial buildings meeting the current development standards. Based upon the evaluation of the Mason County Development Regulations Sec. 1.05.080 Rezone Criteria, the Board of County Commissioners findings for this request to rezone one 2.00 acre parcel (PN: 12321-34-00030)in the Belfair Urban Growth Area from Residential 5 zone to General Commercial/Business Industrial zone are: Criterion 1 (no damage to public health, safety and welfare)is met; concurs with staff evaluation on potential project review. Criterion 2 (consistent Comprehensive Plan designation) is met when the request of General.Commercial/Business Industrial zone in the Belfair Urban Growth Area is considered; concurs with staff findings as the most consistent designation for the proposed land use activities. Criterion 3 (no increase of sprawling low-density rural development or uses incompatible to resource-based land uses)is met; concurs with staff evaluation. Criterion 4 (no increase of demand for urban services in rural areas) is.met; concurs with.staff;evaluation. Criterion 5 (does not interfere with GMA goal to encourage development in urban areas)is met; concurs with staff evaluation. Criterion 6 (does not interfere with GMA goal to encourage open space.retention, conserve fish and wildlife habitat, and protect air and water quality) is met when the Rural Commercial 3 zone is requested; concurs with staff evaluation. Criterion 7 (no pressure to change land use designations of other lands or to cause greater than projected population increases in rural areas) is met; concurs with staff evaluation. Criterion 8 (corrective rezone of lands) is not applicable to this request. From the preceding findings, the Mason County Board of Commissioners adopted a motion to approve the request by Steve and Jack Johnson L.L.C..to rezone this 9.60-acre portion of one parcel (Parcel Number: 12321-34-00030) in the Belfair Urban Growth Area from Residential 5 zone to General Commercial/Business Industrial zone, and to prepare a condition with the applicant to limit allowed land uses in this General Commercial/Business Industrial zone, and then have the condition recorded by the applicant on the property title. Chair, Mason County Board of Commissioners Date Rezone findings 2008.doc Johnson Rezone 08-06 Uses Permitted in General Commercial /Business Industrial Zone on Parcel Number 12321-34-00030 (west of railroad easement) 17.24.010 "GC"General Commercial district--Purpose. The primary purpose of this district is to provide areas that offer a wide range of consumer goods and services for Belfair UGA residents, regional residents, and the traveling public. It is further intended to group buildings and business establishments in a manner that creates convenient, attractive and safe development. Design standards promote safe vehicular and pedestrian access between properties. The district also provides standards intended add visual interest in the developments. Landscaping standards are provided to add visual interest and mitigate the impacts of parking lots on the SR-3 corridor, other streets, and the visual environment within the development. Building heights are limited to three stories. All business shall be conducted within enclosed buildings, except for approved outdoor storage, display, food vendors, and dining areas. 17.24.020 "GC"General Commercial district—Allowed uses. Uses with a total building size under fifty thousand square feet shall be allowed in the GC district as follows: (1) Art galleries and artist studios; (2) Building material sales; (3) Light manufacturing of stone, clay, and glass products including: glass, pottery and china ceramic, stone cutting and engraving; (4) Light manufacturing of handcrafted products; (5) Local utility system transmission lines and structures; (6) Outside storage and display; (7) Paint and glass shops; (8) Professional offices; 9 Research, development and testing services; (10) Service and repair shops for appliances, small equipment and automobiles; (11) Vehicle parts stores; (12) Wholesale trade uses. 17.24.030 "GC General Commercial district—Special uses. The following uses, subject to applicable licensing and development regulations, shall be allowed only with approval of a conditional use permit. Consideration shall be given to the purpose and development standards of the district including any adopted design standards or guidelines. (1) Light manufacturing. (2) Utility buildings and structures, except transmission lines and structures. (3) All uses permitted in the business--industrial district provided the following conditions are met: (A) Site is identified as a "general--commercial--business--industrial overlay" on the official zoning map for the Belfair UGA; (B) Development must comply with all bulk and dimensional and design standards and guidelines of Chapter 17.24, Business Industrial District. (4) All uses listed as allowed, in Section 17.24.020, where the building exceed fifty thousand square feet. Johnson Rezone 08-06 Uses Permitted in General Commercial/Business Industrial Zone on Parcel Number 12321-34-00030 (west of railroad easement) 17.24.040 "GC"General Commercial district--Bulk and dimensional standards. Density: The maximum density shall be dictated by the applicable height limit, parking reclui.rements, design guidelines, site constraints, and market conditions. Intensity: No requirements. Minimum Lot Area: None. Lot Dimensions: None. Height; The maximum height of structures in the district shall be thirty-five feet. Setbacks: Front, Rear, and Side Yard: 30 feet along property lines and easements. See subsections 17.24.045(c), 17.24.050(b), (c), and (d) and 17.31.020(g) for other required setbacks. 17.24.070 "BI". Business Industrial district--Purpose. The primary purpose of this district is to provide for the location and grouping of industrial enterprises and activities involving manufacturing, assembly, fabrication, processing, bulk handling and storage, research facilities, warehousing and heavy trucking. It is also a purpose of this zone to protect the industrial land base for industrial economic development and employment opportunities. These purposes are accomplished by: (1)Allowing fora wide range of industrial and manufacturing uses; (2) Limiting retail uses to those necessary to directly support industrial activities; (3) Prohibiting residential uses. Maximum building heights in the district are three stories. Substantial landscaping buffers are required for those properties adjacent to SR-3. Business--industrial properties are exempted from most other site planning and building design guidelines to maximize flexibility for the uses. 17.24.080 "BI" Business Industrial district--Allowed uses. Uses allowed in the BI district shall be as follows: (1) Business service uses; (2) Truck dealers; (3) Manufacturing uses; (4) Resource land uses; REQUEST 08-06 - STEVE AND JACK JOHNSON L.L.C. REZONE A PORTION OF ONE PARCEL (PN 12321-34-00030) IN THE . BELFAIR URBAN GROWTH AREA FROM RESIDENTIAL 5 ZONE TO GENERAL COMMERCIAL/BUSINESS INDUSTRIAL ZONE. MASON COUNTY BOARD OF COMMISSIONERS November 25, 2008 FINDINGS OF FACT 1. Under consideration is the request to rezone a 9.60-acre portion of one parcel in the Belfair Urban Growth Area from Residential 5 zone to General Commercial/Business Industrial zone. 2. The Mason County Development Regulations Sec. 1.05.080 provides criteria and characteristics for consideration in rezoning parcels from an existing land use zone to another zone. A rezone request is reviewed through a public process in front of the Mason County Planning Advisory Commission and the Board of County Commissioners. 3. At the September 29, 2008 Mason County Planning Advisory Commission meeting. the Department of Community Development presented a staff report recommending denial of the requested rezone,based,upon not meeting four of the rezone criteria. In their review; the Planning Advisory Commission members asked questions of staff on the nature of the request to zone to a commercial and industrial land use, the critical areas on the property, the existing developed nature of this parcel, and the potential development of this parcel for commercial and industrial land uses. Several public comments were made on the request, including'a.' conditional zone as suggested by the consultant for the applicant. Commission members spoke of the land use as a fit with existing area commercial and industrial land uses. 4. Based upon the evaluation of the rezone criteria,the Planning Advisory Commission adopted a motion by 5 to 0 vote to recommend the approval of the rezone request of this 9.60- acre parcel from Residential.5 zone to General Commercial/Business Industrial zone in the Belfair Urban Growth Area. 5. At the November 18, 2008 Mason County Board of Commissioners public hearing, the Department of Community Development presented the staff report recommending the denial of the requested rezone and presented the recommendation for approval by the Planning Advisory Commission. The Board of County Commissioners asked questions of staff and heard several public comments on the request from Residential 5 zone to General Commercial /Business Industrial zone. The Board of County Commissioners commented on the existing business building on the subject property and those to the east along Peninsula Pl., that the proposed zone is more suitable for the vicinity, and that a possible limit of the land uses allowed under the General Commercial/Business Industrial zone could be committed by agreement between the County and applicants. Rezone findings 2008.doc 6. As provided in Mason County Development Regulations Section 1.05.079, at their November 25, 2008 public meeting the Mason County Board of Commissioners finds that the proposal is in conformity with the Comprehensive Plan: the subject parcel does meet the General Commercial/Business Industrial zone designation criteria, is adjacent to similar- sized parcels with existing commercial and industrial land uses, and the applicant has the ability to redevelop the property with new commercial or industrial buildings meeting the current development standards. Based upon the evaluation of the Mason County Development Regulations Sec. 1.05.080 Rezone Criteria,the Board of County Commissioners findings for this request to rezone one 2.00 acre parcel (PN: 12321-34-00030) in the Belfair Urban Growth Area from Residential 5 zone to General Commercial/Business Industrial zone are: Criterion 1 (no damage to public health, safety and welfare) is met; concurs with staff evaluation on potential project review. Criterion 2 (consistent Comprehensive Plan designation)is met when the request of General Commercial/Business Industrial zone in the Belfair Urban Growth Area is considered; concurs with staff findings as the most consistent designation for the proposed land use activities. Criterion 3 (no increase of sprawling low-density rural development or uses incompatible to resource-based land uses)is met; concurs with staff evaluation. Criterion 4 (no increase of demand for urban services in rural areas) is met; concurs with staff evaluation. _. Criterion 5 (does not interfere with GMA goal to encourage development in urban areas)is met; concurs with staff evaluation. Criterion 6 (does not interfere with GMA goal to encourage open space retention, conserve fish and wildlife habitat, and protect air and water quality) is met when the Rural Commercial 3 zone is requested; concurs with staff evaluation. Criterion 7 (no pressure to change land use designations of other lands or to cause greater than projected population increases in rural areas) is met; concurs with staff evaluation. Criterion 8 (corrective rezone of lands) is not applicable to this request. From the preceding findings, the Mason County Board of Commissioners adopted a motion to approve the request by Steve and Jack Johnson L.L.C. to rezone this 9.60-acre portion of one parcel (Parcel Number: 12321-34-00030) in the Belfair Urban Growth Area from Residential 5 zone to General Commercial /Business Industrial zone, and to prepare a condition with the applicant to limit allowed land uses in this General Commercial/Business Industrial zone, and then have the condition recorded by the applicant on the property title. Chair, Mason County Board of Commissioners Date Rezone findings 2008.doc Johnson Rezone 08-06 Uses Permitted in General Commercial/Business Industrial Zone on Parcel Number 12321-34-00030 (west of railroad easement) 17.24.010 "GC"General Commercial district--Purpose. The primary purpose of this district is to provide areas that offer a wide range of consumer goods and services for Belfair UGA residents, regional residents, and the traveling public. It is further intended to group buildings and business establishments in a manner that creates convenient, attractive and safe development. Design standards promote safe vehicular and pedestrian access between properties. The district also provides standards intended add visual interest in the developments. Landscaping standards are provided to add visual interest and mitigate the impacts of parking lots on the SR-3 corridor, other streets, and the visual environment within the development. Building heights are limited to three stories. All business shall be conducted within enclosed buildings, except for approved outdoor storage, display, food vendors, and dining areas. 17.24.020 "GC"General Commercial district--Allowed uses. Uses with a total building size under fifty thousand square feet shall be allowed in the GC district as follows: (1) Art galleries and artist studios; (2) Building material sales; (3) Light manufacturing of stone, clay, and glass products including: glass, pottery and china ceramic, stone cutting and engraving; (4) Light manufacturing of handcrafted products; (5) Local utility system transmission lines and structures; (6) Outside storage and display; (7) Paint and glass shops; (8) Professional offices; (9) Research, development and testing services; (10) Service and repair shops for appliances, small equipment and automobiles; (11)Vehicle parts stores; (12) Wholesale trade uses. 17.24.030 "GC"General Commercial district—Special uses. The following uses, subject to applicable licensing and development regulations, shall be allowed only with approval of a conditional use permit. Consideration shall be given to the purpose and development standards of the district including any adopted design standards or guidelines. (1) Light manufacturing. (2) Utility buildings and structures, except transmission lines and structures. (3)All uses permitted in the business--industrial district provided the following conditions are met: (A) Site is identified as a "general--commercial--business--industrial overlay"on the official zoning map for the Belfair UGA; (B) Development must comply with all bulk and dimensional and design standards and guidelines of Chapter 17.24, Business Industrial District. (4)All uses listed as allowed, in Section 17.24.020, where the building exceed fifty thousand square feet. i Johnson Rezone 08-06 Uses Permitted in General Commercial/Business Industrial Zone on Parcel Number 12321-34-00030 (west of railroad easement) 17.24.040 "GC"General Commercial district--Bulk and dimensional standards. Density: The maximum density shall be dictated by the applicable height limit, parking requirements, design guidelines, site constraints, and market conditions. Intensity:. No requirements. Minimum Lot Area: None. Lot Dimensions�None. Height: he maximum height of structures in the district shall be thirty-five feet. Setbacks: Front, Rear, and Side Yard: 30 feet along property lines and easements. See subsections 17.24.045(c), 17.24.050(b), (c), and (d) and 17.31.020(g) for other `required setbacks. 17.24.070 "BI" Business Industrial district--Purpose. The primary purpose of this district is to provide for the location and grouping of industrial enterprises and activities involving manufacturing, assembly, fabrication, processing, bulk handling and storage, research facilities, warehousing and heavy trucking. It is also a purpose of this zone to protect the industrial land base for industrial economic development and employment opportunities. These purposes are accomplished by: (1)Allowing for a wide range of industrial and manufacturing uses; (2) Limiting retail uses to those necessary to directly support industrial activities; (3) Prohibiting residential uses. Maximum building heights in the district are three stories. Substantial landscaping buffers are required for those properties adjacent to SR-3. Business--industrial properties are exempted from most other site planning and building design guidelines to maximize flexibility for the uses. 17.24.080 "Bl" Business Industrial district—Allowed uses. Uses allowed in the BI district shall be as follows: (1) Business service uses; (2) Truck dealers; (3) Manufacturing uses; (4) Resource land uses; From: "Barbara Baker" <bbaker@rwta.com> To: <Ahb@co.mason.wa.us> CC: "'Jack Johnson"'<jjc@hctc.com> Date: 12/15/2008 10:54 AM Subject: Corbit Pitt Rezone Alan, To follow up on our phone conversation and the review of the 08-06 parcel rezone conditions for parcel 12321-34-00030 Johnson Rezone 08-09, 1 wanted to confirm that it is necessary to note in all documents that the parcel rezone agreement is for the"A"portion of the property now zoned as residential. The"B"portion of the property with the existing zone GC- BI is to keep all the entitlements now allowed! Barbara Baker, AICP Assoc. Planner R. W. Thorpe&Assoc. Inc. phone:206-624-6239 fax: 206-625-0930 From: "Barbara Baker"<bbaker@rwta.com> To: <Ahb@co.mason.wa.us> CC: "'Robert W.Thorpe, AICP"' <rwta@rwta.com>, "'Jack Johnson"'<jjc@hctc.c... Date: 12/12/2008 4:43 PM Subject: FW: Johnson L.L.C. rezone condition on allowed uses Attachments: 08-06 Johnson rezone conditional zone standards 12 2008.doc; Rezone Findi ngs for 08-06 Johnson.doc Alan, 'o Robert has reviewed the rezone conditional zone standards 08-06 above for parcel number 12321-34-00030. This e-mail is the result of his findings and review. The desired changes are as follows and the item numbers refer to those item numbers used currently in the Mason County Municipal code. Under 17.24.020 Allowed Uses; please include Paint and glass shops (item 41) Under 17.24.080 Allowed Uses; please include Professional Office Uses (item 11) Thank you for your help in resolving these conditions. Barbara Baker AICP For/with Principal Robert W. Thorpe, AICP 206.624.6239 ------ Forwarded Message From:Allan Borden <Ahb@co.mason.wa.us> Date:Wed, 10 Dec 2008 13:11:41 -0800 To: "AICP Robert W. Thorpe"<rwta@wta.com> Subject: Johnson L.L.C. rezone condition on allowed uses Robert Thorpe: 1 have attached to this message two items regarding the review of the Johnson L.L.C. rezone request decision: 1)a description of the uses permitted in the General Commercial/Business Industrial as discussed in the review and approval of the rezone application of Steve and Jack Johnson (identified as Rezone 08-06)by the Mason County Board of Commissioners on Nov. 25, 2008. This description in its final form would be recorded at the Auditor's Office under the subject parcel number and would appear with the title of the property. Please review for content, as it is based upon the edits suggested by you during the public hearing review; and please respond to me with changes that you feel need to be made. A final form will then be prepared as part of the decision process. 2)as a courtesy, a copy of the Findings of Fact which will be completed with the signature of the Chair of the County Commissioners. These findings and the uses permitted document to be recorded are part of the letter of decision eventually to be sent out once the findings are signed. would appreciate your response to item 1 above. You may contact me with any additional questions on this matter. Allan Borden Planner- Long Range&Site Inspection P.O. Box 279, Shelton, WA 98584 (360)427-9670 ext. 365 ------ End of Forwarded Message '• I nwrlrfll_... ___... �1�1� .�.y.<. <__<. _... •111 ..., � _. _.. _-_ R.W. THRPE & ASSOCIATES, INC. ' Seattle''• anchorage • Denver • Winthrop � Planning Landscape Environmental Economics C. I' PRINCIPALS: ASSOCIATES: Robed W.Thorpe,AICP,President Jennifer Lee,RLA Stephen Speidel,ASLA,Of Counsel Barbara Baker,AICP October 17,2008 . Mason County Planning Advisory Commission c/o Community Development- Planning Department P O Box 279 Shelton WA 98584 Reference:Johnson Rezone,.DDR 2008-00133 Segment A Honorable Planning Advisory Commission Members: This proposed set of conditions that can be developed in the form of a concomitant agreement that can be filed with the County Assessor as part of the Title of the Belfair property for approval of the Johnson Rezone, DDR 2008700133 Segment A. Permitted Uses The following is provided to you as a follow-up to your recommendation at the Public Hearing and your unanimous recommendation to approvethe rezone to GC General Commercial Light Industrial District. The following is proposed as a concomitant agreement that would be filed as a part of record for the Assessors Office limiting permitted uses. Uses are set forth in 17.24.120 Allowed Uses, and 17.24.140 Special Uses, as shown on the attachment. Page 25 and 26 have the majority of the permitted uses and the majority of the special uses eliminated as potential for this site,leaving as permitted uses: + Office • Art Galleries and artist studios • Vehicle parts stores • Building material sales • Light manufacturing-stone,clay, glass • Light manufacturing-handcrafted products • Local utility system transmission lines and structures • Outside storage and display Paint and glass shops • Professional offices Research and development • Service and repair shops • Limited Wholesale Trade This list with deletions attached is meant for discussion purposes of suggested permitted uses. 4 705 Second Avenue Suite 710•Seattle WA 981049 Telephone:206/624-6239•-Fax:(206)625-0930•E-mail:rwta a(��wta.com 4.6 October 17,2008 Page 2 of 2 Mason County Planning Advisory Commission Reference: Johnson Rezone, DDR 2008-00133 Segment A Our understanding of the Planning Commission motion was that should the Johnson's or successors in ownership desire other uses, they would come before the planning commission to have those added as allowed or special uses. Second Issue—Buffer Zone. A reading of the industrial standards for commercial/industrial bulk setback and landscaping standards in 17.24.150 indicates a 30' buffer zone around this type of use. It is therefore consistent with our understanding of the Commission'.s action that future site plan approval would provide for that 30' buffer of landscape areas would be required at the perimeter of the subject property,particularly on the south and west. This would prevent vehicle access from single family neighborhoods to the north and the south, located west of the railroad tracks. This area would be assumed to be replanted with evergreen trees, and with appropriate understory for screening from the adjacent properties. In terms of setbacks, an additional 20' to 25' could be utilized for graded slopes for site development, septic, storm water,bioswales, etc. We greatly appreciate the level of Hearing preparation and analysis the Planning Commission gave this matter,the research and the materials provided both by the Applicant and Staff. We believe this is consistent with the Growth Management Act and the County criteria for this type of rezone and the consistency with your Comprehensive Plan and other regulations. We thank you for your decision in this matter. We look forward to completing this process with inclusion of the suggestions, concomitant conditions on the rezone for planning Commission recommendation to the County Board of Commissioners. Respectfully submitted; R. W. Thorpe&Associates, Inc. y Robert 4ThoAIC President cc: Steve&Jack Johnson Dennis Reynolds,Attorney i I i I 705 Second Avenue Suite 710•Seattle WA 98104•Telephone:2061624-6239•Fax:(206)625-0930•E-Mail:nvta@rwta.com + Chapter 17.24 COMMERCIAL AND INDUSTRIAL DISTRICTS IN THE BELFAIR UGA 17.24.100 "GC"-GENERAL COMMERCIAL DISTRICT Sections: 17.24.110 Purpose:The primary purpose of this district is to provide areas that offer a wide range of consumer goods and services for Belfair UGA residents,regional residents,and the traveling public.It is further intended to group buildings and business establishments in a manner that creates convenient, attractive and safe development. Design standards promote safe vehicular and pedestrian access between properties.The district also provides standards intended add visual interest in the developments. Landscaping standards are provided to add visual interest and mitigate the impacts of parking lots on the SR-3 corridor,other streets,and the visual environment within the development. Building heights are limited to three stories.All business shall be conducted within enclosed buildings,except for approved outdoor storage,display,food vendors,and dining areas. 17.24.120 Allowed uses: Uses with a total building size under 50,000 square feet shall be allowed in the GC District as follows: -!4 A ti"e-ahep& �4ppliertee-stud eo repait�sl�eps--Wer sales. Art Galleries and artist studios t}" Vehicle parts stores _ Bakefies,with on site gal-es- Bars and favems-e+her ate Book stores stores -Barrlfs-affil"d fir�aueial-iAqtitiltm j barber-and-beatp s#�ops- Building material sales Ghttrehes ers— -6IeElring-sales-a eRta"nd-skee-steres- Ll�— Florists - oodspeeial , ' lied-geads�trt -Fttne , iees.- GreeeFy Stores-- 6yins,fitness d erobie-sttK1ie4,+- Haidweire Stores- _I lobby-skeps 4ewelry stares- Light manufacturing of stone,clay,and glass products including:glass,pottery and china ceramic,stone cutting and engraving Light manufacturing of handcrafted products equipment fnanufaetuf Local utility system transmission lines and structures r ,_ _ths Ti�GICDITIiL7i.7s ri tl'S't ltld1#ig�FA BELFAIR UGA ZONING CODE-Title 17 Mason County Code Page 25 0410812008 hiledieet!effiees-- Outside storage and display pitmilifteies,di s j Printing, s Professional offices -Pa , Radio and television breadett'sting stations —Reeyeii"g 68Htff9- ReNtal-ar►ti-leasirtg Serrie,.; —riek-,fin nitnre-and-toels- Research,development and testing services Restaerants;eafes-and-foad�tattd�- Retail ases not otherwise ed- Service and repair shops for appliances,small equipment and automobiles -Thestem,lire-etage i Wholesale Trade Uses i 17.24.140 Special uses: The following uses,subject to applicable licensing and development j regulations,shall be allowed only with approval of a conditional use permit.Consideration shall be given to the purpose and development standards of the district including any adopted design standards or guidelines. Light Manufacturing Utility buildings and structures except transmission lines and structures site-ase jSchools-- > > -skating-rinks All uses permitted in the Business-Industrial District provided the following conditions are met: • Site is identified as a"General Commercial-Business Industrial Overlay"on the j Official Zoning Map for the Belfair UGA. • Development must comply with all bulk and dimensional and design standards and guidelines of Chapter 17.24,Business Industrial District. All uses listed as allowed(17.24.120)where the building exceed 50,000 square feet. i -reaidettees-sel►ee s- d-chm tmidcntial 17.24.150 Bulk and dimensional standards: Density: The maximum density shall be dictated by the applicable height limit,parking requirements,design guidelines,site constraints,and market conditions. Intensity: No requirements. Min. Lot Area:None. Lot Dimensions:None BELFAIR UGA ZONING CODE-Title 17 Mason County Code Page 26 04110812008 MASON COUNTY PLANNING ADVISORY COMMISSION Rezone No. 08-06 Sept. 29, 2008 Public Hearing APPLICANT: Steve and Jack Johnson L.L.C. PARCEL NO.: 12321-34-00030 (9.60 ac.) LOCATION: 120 NE Peninsula PI. [Urban Growth Area] CURRENT ZONE: Belfair Urban Growth Area Residential 5 (R 5)zone PROPOSED ZONE: Belfair Urban Growth Area General Commercial-Business Industrial (GC- BI)zone. EXISTING LAND USE: non-conforming commercial building. RELEVANT FACTS: Residential 5 zone is located adjacent on the east to existing railroad alignment and General Commercial-Business Industrial zone and on the west to Residential 4 and Residential 5 zone just east of Old Belfair Highway; west and southeast portions of subject parcel are sloped at 25 to 40 percent slope. Existing building begun as General Commercial-Business Industrial zone was approved by the County Commissioners in December 2004. If new zone is approved, applicant could establish new commercial or industrial buildings on the subject parcel. COMMENTS and ISSUES RAISED AT HEARING: 1) Improvements (water system, power distribution, railroad crossing, traffic turn lane on state highway) made by the applicant several years before this request. 2) Existing uses on east portion cause odors, noise, and light problems; how is light industry land use defined. 3) Traffic along Newkirk Rd. will be affected; road is not safe for non-residential uses. 4) Stormwater control for any proposed use on this property is a concern due to the slopes towards the west. 5) Site is already more industrial than residential; more residential development is not preferred. 6) Site development for 6 to 7 commercial sites (9,000 to 10,000 sq. ft. buildings) can be planned with buffer separation, access, parking, roads and stormwater. 7) Can rezone be approved but limit potential development to certain permitted land uses (light manufacturing; vehicle parts, service and repair; or building supplies). PLANNING ADVISORY COMMISSION EVALUATION; Following the review of the staff report and testimony from the public(the applicant, his consultant, and five others), the Planning Advisory Commission discussed the scope of the requested rezone within the Belfair Urban Growth Area. Several commission members stated that much of the industrial use of this portion of parcel (rail crossing, buildings and initial clearing)was established as the Belfair UGA subarea plan was adopted. With this rezone the industrial area is not expanded, and granting approval would not be a precedence. Members supported the request but felt that some conditions of approval should be included to note a certain range of land uses that would be allowed. The Planning Advisory Commission adopted motion (5 yes, 0 no)to recommend approval of the rezone request from Residential 5 zone to General Commercial-Business Industrial zone, with a condition to limit the range of possible land uses (such as light manufacturing; vehicle parts, service and repair; or building supplies) and expand the buffer separation area around the portion of subject parcel to a distance of 75 feet. 08-06 Johnson Belfair UGA pac hearing summary.doc MASON COUNTY PLANNING ADVISORY COMMISSION Sept. 29, 2008 Public Hearing Staff Review of Rezone No. 08-06 APPLICANT: Steve and Jack Johnson L.L.C. PARCEL NO.: 12321-34-00030 (9.60 ac.) LOCATION: 120 NE Peninsula PI. [Urban Growth Area] CURRENT ZONE: Belfair Urban Growth Area Residential 5 (R 5) zone PROPOSED ZONE: Belfair Urban Growth Area General Commercial — Business Industrial (GC - BI) zone. EXISTING LAND USE: non-conforming commercial building. RELEVANT FACTS: Residential 5 zone is located adjacent on the east to existing railroad alignment and General Commercial — Business Industrial zone and on the west to Residential 4 and Residential 5 zone just east of Old Belfair Highway; west and southeast portion of parcel are sloped at 25 to 40 percent slope. Existing building begun as General Commercial — Business Industrial zone was approved by the County Commissioners in December 2004. If new zone is approved, applicant could establish new commercial or industrial buildings on the subject parcel. REZONE CRITERIA DISCUSSION: Following the preparation of the staff report, staff has draw together the following points by REZONE CRITERIA to consider in the review of the request submittal: 1. Damage to public health, safety, and welfare. a. Verification of available water and septic/ sewer treatment for potential development of new commercial land use. b. Need to comply with development standards for proposed zone and for slope critical areas. 2. Consistent designation determination. a. Subject parcel is split by railroad alignment and, as a result of the Belfair Urban Growth Area adoption in December 2004, has two zone designations that keep residential uses west of the railroad and commercial / industrial east of the railroad. b. The commercial / industrial building built just as the Belfair UGA Plan was reviewed and approved by the County Commissioners in late December 2004. c. If approved, land in commercial or industrial land use would extend into the area of designated zone for residential land uses. d. Although the property is adjacent to county road with existing accesses, the presence of slope critical areas on the subject parcel will require careful review of development proposed. 3. Impacts as sprawling, low-density rural development. a. Subject site is the location of a non-conforming land use within the Residential 5 zone west of the railroad alignment through the Belfair Urban Growth Area. 08-06 Johnson rezone PAC staff review.doc b. The existing railroad alignment serves as a separator of land uses, industrial and commercial to the east and residential to the west. c. If the request is approved, future commercial or industrial development would extend across the rail alignment and west into the area of residential land uses. 4. Increase in demand for urban services. a. If the rezone is approved, development from vacant land to commercial / industrial land uses will increase some service demands (utilities, fire protection / police coverage) and traffic in the vicinity, but to available urban levels. b. The subject parcel could be divided into additional lots for future development. 5. Interferes with urban area growth. a. If the rezone is approved, future development of commercial / industrial land uses will be in a suitable area of the Belfair UGA. b. Requests to change zone designations to more current conditions may be considered within the urban growth area boundary. 6. Interferes in retention of open space, critical areas, air/water quality. a. Proposed zone does not provide for open space areas but will require the developed commercial sites be screened from the state highway to the east and from adjacent residential land uses to the north, west, and south. b. Air/water quality protection and soil / stormwater control will be important in the review of proposed site development and resultant land uses. 7. Pressure to change the designation of other properties. a. Rezone requests are anticipated within an existing urban growth area as a greater area of commercial and more intensive non-residential land uses is expected to result. b. If this request is approved, a similarly situated parcel in an urban growth area (split zoned parcel) could be proposed to be considered for rezone in the Belfair area or elsewhere the county. c. If this request is approved, it would serve as a precedent to change the present configuration of UGA zones adjacent to a road or railroad alignment and could promote similar requests elsewhere in the county. 8. Corrective rezone of lands. a. Applicant claims their request as an error made in the zoning of the subject parcel at the time of the Belfair UGA Plan adoption by the County Commissioners in December 2004. b. Due to the fact that the commercial building was not in existence when the County Commissioners evaluated the Belfair UGA Plan, staff does not find that a mapping error was made. 08-06 Johnson rezone PAC staff review.doc STAFF CONCLUSIONS on the review of the request meeting these rezone criteria: Criterion 1 (no damage to public health, safety and welfare) is met; based upon staff evaluation. Criterion 2 (consistent Comprehensive Plan designation) is not met; based upon staff evaluation that the Belfair Urban Growth Area Residential 5 (R5) zone is the most consistent designation for the west portion of the subject parcel. Criterion 3 (no increase of sprawling low-density rural development or uses incompatible to resource-based land uses) is not met; based upon staff evaluation of the expansion of commercial / industrial land uses into a UGA residential area. Criterion 4 (no increase of demand for urban services in rural areas) is met; based upon staff evaluation that proposal is in Belfair UGA. Criterion 5 (does not interfere with GMA goal to encourage development in urban areas) is met; based upon staff evaluation although changing from residential to commercial / industrial land uses will increase service demands. Criterion 6 (does not interfere with GMA goal to encourage open space retention, conserve fish and wildlife habitat, and protect air and water quality) is not met; based upon staff evaluation that site development will alter existing slope critical areas and open space. Criterion 7 (no pressure to change land use designations of other lands or to cause greater than projected population increases in rural areas) is not met; based upon staff evaluation that some precedent for further rezone requests would result if approved. Criterion 8 (corrective rezone of lands) is not applicable to this request. 08-06 Johnson rezone PAC staff review.doc 123213190C 123213190070 123214290083, o 123213200010 123213101010 123214200070 123,, , ;,052 123213101020 '\ 1 12321319004C 23213200031 0 00 O - .N 123213190031 Co ' 123213100031 123213190060 123213190032 PFo 1232132)063 '< 123213190034 * - 123213102000 123214200090 0 12321,93yw190033 wo 011, o _ 123213400010 �123219999999F - ' c F� N J (1232 4000 � 5,13 30 ak NE PEN S� 123214300010 n N k.�2o Qie s'f 123213300020 •.' 123213400030 123214360100 N ° 123219999999 77 123213490060 wo oo� 1232 3490080 COO . 123214300110, 0 „ 123218490070•' =1 2321 90050 ' COP wo ", w 123218888888 0 123214300120 123213300010 123282190030 dp�„ 123213400000 1232134,90020 1 � N 123282190040, -123282190010 0 123282190040 123280060000___ - ------ 123282200040 g40 123282190030i 123282290053 123282190010 123282100020 360 123289999999 123282100000 0 123280060000 123280003000 0 P. 123282290051 N° 1232821010000 w 7Ao 0 N 1 inch =300 feet W E 1 inch =0.06 miles S MASON COUNTY PLANNING ADVISORY COMMISSION Sept. 29, 2008 Public Hearing Review of Rezone No. 08-06 APPLICANT: Steve and Jack Johnson L.L.C. PARCEL NO.: 12321-34-00030 (9.60 ac.) LOCATION: 120 NE Peninsula PI. [Urban Growth Area] CURRENT ZONE: Belfair Urban Growth Area Residential 5 (R 5) zone PROPOSED ZONE: Belfair Urban Growth Area General Commercial — Business Industrial (GC - BI) zone. EXISTING LAND USE: non-conforming commercial building. RELEVANT FACTS: Residential 5 zone is located adjacent on the east to existing railroad alignment and General Commercial — Business Industrial zone and on the west to Residential 4 and Residential 5 zone just east of Old Belfair Highway; west and southeast portion of parcel are sloped at 25 to 40 percent slope. Existing building begun as General Commercial — Business Industrial zone was approved by the County Commissioners in December 2004. If new zone is approved, applicant could establish new commercial or industrial buildings on the subject parcel. REZONE CRITERIA DISCUSSION: Following the preparation of the staff report, staff has draw together the following points by REZONE CRITERIA to consider in the review of the request submittal: 1. Damage to public health, safety, and welfare. a. Verification of available water and septic/ sewer treatment for potential development of new commercial land use. b. Need to comply with development standards for proposed zone and for slope critical areas. 2. Consistent designation determination. a. Subject parcel is split by railroad alignment and, as a result of the Belfair Urban Growth Area adoption in December 2004, has two zone designations that keep residential uses west of the railroad and commercial / industrial east of the railroad. b. The commercial / industrial building built just as the Belfair UGA Plan was reviewed and approved by the County Commissioners in late December 2004. c. If approved, land in commercial or industrial land use would extend into the area of designated zone for residential land uses. d. Although the property is adjacent to county road with existing accesses, the presence of slope critical areas on the subject parcel will require careful review of development proposed. 3. Impacts as sprawling, low-density rural development. a. Subject site is the location of a non-conforming land use within the Residential 5 zone west of the railroad alignment through the Belfair Urban Growth Area. 08-06 Johnson rezone PAC review b. The existing railroad alignment serves as a separator of land uses, industrial and commercial to the east and residential to the west. c. If the request is approved, future commercial or industrial development would extend across the rail alignment and west into the area of residential land uses. 4. Increase in demand for urban services. a. If the rezone is approved, development from vacant land to commercial / industrial land uses will increase some service demands (utilities, fire protection / police coverage) and traffic in the vicinity, but to available urban levels. b. The subject parcel could be divided into additional lots for future development. 5. Interferes with urban area growth. a. If the rezone is approved, future development of commercial / industrial land uses will be in a suitable area of the Belfair UGA. b. Requests to change zone designations to more current conditions may be considered within the urban growth area boundary. 6. Interferes in retention of open space, critical areas, air/water quality. a. Proposed zone does not provide for open space areas but will require the developed commercial sites be screened from the state highway to the east and from adjacent residential land uses to the north, west, and south. b. Air/water quality protection and soil/ stormwater control will be important in the review of proposed site development.and resultant land uses. 7. Pressure to change the designation of other properties. a. Rezone requests are anticipated within an existing urban growth area as a greater area of commercial and more, intensive non-residential land uses is expected to result. b. If this request is approved, a similarly situated parcel in an urban growth area (split zoned parcel) could be proposed to be considered for rezone in the Belfair area or elsewhere the county. c. If this request is approved, it would serve as a precedent to change the present configuration of UGA zones adjacent to a road or railroad alignment and could promote similar requests elsewhere in the county. 8. Corrective rezone of lands. a. Applicant claims their request as an error made in the zoning of the subject parcel at the time of the Belfair UGA Plan adoption by the County Commissioners in December 2004. b. Due to the fact that the commercial building was not in existence when the County Commissioners evaluated the Belfair UGA Plan, staff does not find that a mapping error was made. 08-06 Johnson rezone PAC review STAFF CONCLUSIONS on the review of the request meeting these rezone criteria: Criterion 1 (no damage to public health, safety and welfare) is met; based upon staff evaluation. Criterion 2 (consistent Comprehensive Plan designation) is not met; based upon staff evaluation that the Belfair Urban Growth Area Residential 5 (115) zone is the most consistent designation for the west portion of the subject parcel. Criterion 3 (no increase of sprawling low-density rural development or uses incompatible to resource-based land uses) is not met; based upon staff evaluation of the expansion of commercial / industrial land uses into a UGA residential area. Criterion 4 (no increase of demand for urban services in rural areas) is met; based upon staff evaluation that proposal is in Belfair UGA. Criterion 5 (does not interfere with GMA goal to encourage development in urban areas) is met; based upon staff evaluation although changing from residential to commercial / industrial land uses will increase service demands. Criterion 6 (does not interfere with GMA goal to encourage open space retention, conserve fish and wildlife habitat, and protect air and water quality) is not met; based upon staff evaluation that site development will alter existing slope critical areas and open space. Criterion 7 (no pressure to change land use designations of other lands or to cause greater than projected population increases in rural areas) is not met; based upon staff evaluation that some precedent for further rezone requests would result if approved. Criterion 8 (corrective rezone of lands) is not applicable to this request. 08-06 Johnson rezone PAC review 123213190051, 123213190070 123214290083�.go � � � �� 3214200070 123213200010 123213101010 123213190052 -:" 123213101020 12321319004C 0 123213200031 - r o M OD 123213190031 123213100031„ tl 123213190060 t � 123213190032 N 123213200030123213190034 123213102000� s ,123214200090 0 s 123213190033 � tp ' ,123219999999 123213400010 ' P r� 123213400030 NE PE 123214300010 123213300020 @ 123213400030 123214360100 123219999999 123213490060 `goo 0 123213490080-" r 123214300110,- Y ti 123213490070 '' .,123213490050 o CIV 123218888888 ' ° oo 123214300120 123213300010 � 123282190030 "��0 123213400000 123213490020'n -'~ _` 123282190010 0 123282190040 - ::, ,123280060000` 123282190040° 123282200040 ' i 123282190030 340 123282290053 123282190010, 123282100020 360 123289999999 123282100000:o 123280060000 A 123280003000 o o 123282290051 123282100000 w 1140 N , ,O 23 1 inch =300 feet W E 1 inch =0.06 miles S MASON COUNTY PLANNING ADVISORY COMMISSION Sept. 29, 2008 Public Hearing Review of Rezone No. 08-06 APPLICANT: Steve and Jack Johnson L.L.C. PARCEL NO.: 12321-34-00030 (9.60 ac.) LOCATION: 120 NE Peninsula PI. [Urban Growth Area] CURRENT ZONE: Belfair Urban Growth Area Residential 5 (R 5) zone PROPOSED ZONE: Belfair Urban Growth Area General Commercial — Business Industrial (GC - BI) zone. EXISTING LAND USE: non-conforming commercial building. RELEVANT FACTS: Residential 5 zone is located adjacent on the east to existing railroad alignment and General Commercial — Business Industrial zone and on the west to Residential 4 and Residential 5 zone just east of Old Belfair Highway; west and southeast portion of parcel are sloped at 25 to 40 percent slope. Existing building begun as General Commercial — Business Industrial zone was approved by the County Commissioners in December 2004. If new zone is approved, applicant could establish new commercial or industrial buildings on the subject parcel. CONMMENTS and ISSUES RAISED AT HEARING: 1) Improvements (water system, power distribution, railroad crossing, traffic turn lane on state highway) made by the applicant several years before this request. 2) Existing uses on east portion cause odors, noise, and light problems; how is light industry land use defined. 3) Traffic along Newkirk Rd. will be affected; road is not safe for non-residential uses. 4) Stormwater control for any proposed use on this property is a concern due toi the slopes towards the west. 5) Site is already more industrial than residential; more residential development is not preferred. 6) Site development for 6 to 7 commercial sites (9,000 to 10,000 sq. ft. buildings) can be planned with buffer separation, access, parking, roads and stormwater. 7) Can rezone be approved but limit potential development to certain permitted land uses (light manufacturing; vehicle parts, service and repair; or building supplies). PLANNING ADVISORY COMMISSION EVALUATION; Following the review of the staff report and testimony from the public, the Planning Advisory Commission adopted motion to recommend approval of the rezone request from Residential 5 zone to General Commercial — Business Industrial zone, with a condition to limit the range of possible land uses (such as light manufacturing; vehicle parts, service and repair; or building supplies) and expand the buffer separation area around the portion of subject parcel to a distance of 75 feet. 08-06 Johnson rezone PAC review.doc NOTICE OF APPLICATION FOR AMENDMENT TO THE MASON COUNTY COMPREHENSIVE PLAN AND IZEQUEST FOR REZONE (CASE 08-06) Notice is hereby given that the applicants, S &J Johnson,L.L.C., have filed an application for a request to rezone the west portion of one parcel, 9.60 acres in size and noted below, within Belfair UGA from R5 zone to GC-BI zone. The applicant does have plans for future development of the property at this time. Site address and Proiect Location: Adjacent to the west of 120 NE Peninsula Pl., Belfair, WA. Parcel No: 12321-34-00030. A complete legal description available at the County office listed below. Date of Application: June 2008. The proposed amendment to the Mason County Comprehensive Plan and Request for Rezone is subject to the public review process under the Mason County Development Code, Section 15.09.060. This application is evaluated under the standards of the Mason County Development Regulations Section 1.05.080,Rezone Criteria. On Monday September 29, 2008, a public hearing by the Mason County Planning Advisory Commission was held on this request and a motion to recommend approval of the request was adopted by the Planning Advisory Commission. Therefore, a PUBLIC HEARING on this request will be held by the Mason County Board of Commissioners on Tuesday November 18. 2008 at 9:30 a.m. in the County Commissioners Chambers, Bldg. 1, 411 N. 5t Street, Shelton, WA. The decision to approve or deny this request will be made at this public hearing. If special accommodations are needed,please contact the Planning Department at (360) 427-9670 ext. 365. Comments or questions on this request or the public review process may be sent to Allan Borden, Department of Community Development,P.O. Box 279, Shelton WA 98584, or (360)427-9670 ext. 365. Notice of Application 2008.doc 4 p R NE . � P x x N N FERN VH n IF L(/ T2 NR1 �} f � A � x 3 e as }, � � �"•.. rr..annwwmvysxx £ Co ' NEB Pxr o _ Wp County W : x' ir it 5 ,e mac...`. 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The applicant does have plans for future development of the property at this time. Site address and Proiect Location: Adjacent to the west of 120 NE Peninsula Pl., Belfair, WA. Parcel No: 12321-34-00030. A complete legal description available at the County office listed below. Date of Application: June 2008. The proposed amendment to the Mason County Comprehensive Plan and Request for Rezone is subject to the public review process under the Mason County Development Code, Section 15.09.060. This application is evaluated under the standards of the Mason County Development Regulations Section 1.05.080, Rezone Criteria. A PUBLIC HEARING will be held by the Mason County Planning Advisory Commission on the request on Monday September 29, 2008 at 6:00 a.m. in the County Commissioners Chambers,Bldg. 1,411 N. 5 th Street, Shelton,WA. A public hearing by the Board of County Commissioners will be held in November 2008,when a final decision will be made. If special accommodations are needed, please contact the Planning Department at(360) 427-9670 ext. 365. Comments or questions on this request or the public review process may be sent to Allan Borden, Department of Community Development,P.O. Box 279, Shelton WA 98584, or (360)427-9670 ext. 365. Publish: September 4 and 11, 2008 (2t) Shelton Mason County Journal Bill to: Mason County Planning Department P.O. Box 279, Shelton WA 98584 Notice of Application 2008 MASON COUNTY TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed: FROM: Allan Borden Ext. 365 DEPARTMENT: DEPT. OF COMM. DEVELOPMENT Consent agenda DATE: October 21, 2008 No. ITEM: Set public hearing time on November 18, 2008 to review the request by Steve and Jack Johnson L.L.C. to rezone the west portion of one parcel (9.60 ac. area) within the Belfair Urban Growth Area from Residential 5 zone to General Commercial / Business Industrial zone. Planning Advisory Commission: public hearing by Planning Advisory Commission was held on September 29, 2008; their recommendation for approval was adopted by unanimous vote. Background: This request for a change to commercial / industrial zoning, which would extend this zoning to the west side of the railroad easement in the Belfair UGA, has been evaluated by the Planning Advisory Commission and is now forwarded for review in the proposed public hearing by the Board of County Commissioners. Recommended Action: Board of Mason County Commissioners shall set a public hearing to review the request by Steve and Jack Johnson L.L.C. to rezone the west portion of one parcel (9.60 ac. area) within the Belfair Urban Growth Area from Residential 5 zone to General Commercial / Business Industrial zone, for the date of Tuesday November 18, 2008 at 9:30 AM. Attachments: Legal ad for Clerk's submittal to paper. I:\Zoren\consent agenda 10-21-08 s&j johnson rezone request-ahb.doc NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a public hearing at the Mason County Courthouse Building I, Commission Chambers, 411 North Fifth Street, Shelton, WA 98584 on Tuesday,November 18,2008 at 9:30 a.m. SAID HEARING will be to review Rezone Request No. 08-06, submitted by Steve and Jack Johnson L.L.C., for the west portion of one parcel(9.60 acres in size)in the Belfair Urban Growth Area[Parcel No. 12321-34-00030],to change the zone designation from Residential 5 zone to General Commercial/Business Industrial zone; the location of the request is 120 NE Peninsula Pl. off State Route 3 in Belfair,WA. If you have questions on the contents of the proposed change in zoning, contact Allan Borden (360) 427-9670, Ext. 365. If special accommodations are needed, contact the Commissioners'office,427-9670,Ext. 419. DATED this 21 st day of October,2008. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Rebecca S. Rogers, Clerk of the Board cc: Journal-Publ 2t: 10/30/08 & 11/06/08 Planning (Bill: Planning—PO Box 279, Shelton,WA 98584) x � S S-a f GCi � � r s O� BFR vt e� 0 � } FERN VN T2 NR1 o '.N C F 31, N E � * t p County Ira wad .. i T22NR1W M N 1 inch =2,000 feet W+. -E 1 inch = 0.38 miles S 123215000020 l 123215100021 123212490040 I 1123212400010 12321 0 123211390005- 1-..-12..i3�21T1„3 90052/, 123219999999 _02-�12322490030 123213200130 123213190 2 12 12321750001 123213190024 19001 13 12 �3f2 1420006\0 1123213190025 23 1220050 "' 123213190026 t I ( 123213190012 123214200070 123213200040ri 123213200010 123213190021 / 123214990082 HI 1123213200031 123213190051 - 1 \ '123213190 123213200051 123213101010 ; 123213101020 Q,� 123214290083 123213190052 fv/ 123213190040 123214290081 123213290061 123213190031 / 123213100031 co( 123214290084 71 1232132900 123213190060 123213190032 123213200030 123213102000 123214200090 123219999999 P,L 123213190034 ` 123213190033' I— � — SvbjQC'fi 123213400010 R + 123213400030�¢ N E p q A! 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F'• 4 or +r r is �v dE p a � t c i thumb Inc . u O 7 - J DISCLAIMER AND LIMITATION OF LIABILITY: The data used to make this map have been tested for accuracy,and every effort has been made to ensure that these data are timely,accurate and reliable.However,Mason County LEGEND makes no guarantee or warranty to its accuracy as to labeling,dimensions,or placement or location of any map features contained herein.The boundaries depicted by these data are Ro: 1 [� *r-<;c•ra Land,,• approximate,and are not necessarily accurate to surveying or engineering standards,and are intended for informational purposes only.Mason County does not assume any legal liability of,.h cIt.,n or responsibility arising from the use of this map in a manner not intended by Mason County. In no event shall Mason County be liable for direct,indirect,incidental,consequential, special,or tort damages of any kind,including,but not limited to,loss of anticipated profits or benefits arising from use of or reliance on the information contained herein 3rtt't 'Lk.es 5 N.Sixth Street �� e,' -Mason County 41 N. Tonstrps ='ugx SOar,nr}8 Mal..r LaNe> Shelton,WA 98584 http://mapmason.co.mason.wa.us/servlet/com.esri.esrimap.Esrimap?ServiceName=amason... 6/30/2008 CC) MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 411 No. Fifth Street//P.O. Box 279, Shelton WA. 98584 APPLICATION FOR REQUESTED REZONE. [NOTE: One application per parcel or contiguous group of parcels. This application does not guarantee approval. To legally approve a rezone request,the submitted request must meet the rezone criteria listed in the Mason County Development Regulations. You should discuss your proposal with the County Long Range Planner prior to submitting application.] Applicant: 5` T S&IA looy. L Q� Mailing Address: 1P` cD '96)e q�6 8 City: ��` ►r State: V13A Zip:(Fesz Telephone No.: 13��-73 l'71 y i Parcel Number(s): 17,1Z 13140003C-) Parcel Size and Legal Description: �rR 3 of Sr 5 Ze/16A PC.L �Lh --ff6T /q QLA 1 A 7nnoZ What land use designation or zone is requested ? &g-yIGC-, J Ce>yAy-etG14A �U-Sa%AeC N L ��l�G Rationale for the Request: (include information on the property features, land use, and maps that will be used in considering your application) (see the attached information sheet) Sec.._ �.�. J ©6/snipe FEE: $1,785.00 for processing and evaluation. Signature and date (Feb.1,2008) H:\WORD C p p pp \ OMPLAN\com plan amend a revised feb 2008 doc (ahb) STAFF REPORT: SITE-SPECIFIC REZONE APPLICATION REZONE REQUEST NO. 08-06 APPLICANT: Steve and Jack Johnson L.L.C. STAFF CONTACT: Allan Borden, (360)427-9670 ext. 365 SUMMARY OF PROPOSAL: The applicants are requesting that a portion of parcel be rezoned within the Belfair Urban Growth Area from Residential 5 (R5)zone to General Commercial- Business Industrial (GC-BI) zone. STAFF FINDINGS: Following the request evaluation,the rezone criteria as outlined in Mason County Development Code Section 1.05.080 are not met. This proposed rezone to Belfair Urban Growth Area General Commercial-Business Industrial(GC-BI)zone is not consistent with the Comprehensive Plan goal for appropriate zoning designation, expands commercial/industrial land uses into a residential zone, increases demand for supporting services for anticipated land uses, and sets a precedent to change land use designations of other lands in the future. Staff would conclude that rezone criteria 2, 3, 6, and 7 are not met in the request to rezone a portion of Parcel No. 12321-34-00030 (9.60 ac.)in the Belfair Urban Growth Area from Residential 5 (R5) zone to General Commercial-Business Industrial(GC-BI) zone. PARCEL INFORMATION: Parcel No. 12321-34-00030(9.60 ac.) currently zoned Residential 5 zone in the Belfair Urban Growth Area. CURRENT ZONING DESIGNATION: Residential 5(5 dwelling units per acre) The purpose of the R-5 District is to provide a medium density housing option within the Belfair Urban Growth Area. Locations are restricted to sites not significantly impacted by critical areas and slopes. Locations should generally be away from development nodes and commercially zoned areas,beyond a normal walking distance of%2 to 3/4 mile. The district allows for a density of five dwelling units per acre, except where"critical lands"are present—which reduce the permitted density. Clustering of the dwelling units and properties is encouraged to protect open space and water quality,reduce infrastructure needs,and enhance energy efficiency.Multi family dwelling units are permitted as long as they do not exceed the density requirement and minimize impacts to adjacent single family dwelling units. Allowed uses are one detached dwelling per lot,duplexes,townhouses,triplexes,public parks,and public utility service lines; as special uses,churches, schools,commercial child care centers,bed and breakfast inns,other essential public facilities,and hotels(if within the"Hotel Overlay"on the official zoning map),provided that siting and design conditions are met. PROPOSED ZONING DESIGNATION: General Commercial-Business Industrial(GC-BI) The primary purpose of the GC district is to provide areas that offer a wide range of consumer goods and services for Belfair UGA residents,regional residents,and the traveling public.It is further intended to group buildings and business establishments in a manner that creates convenient,attractive and safe development.Design standards promote safe vehicular and pedestrian access between properties.The district also provides standards intended add visual interest in the developments. Landscaping standards are provided to add visual interest and mitigate the impacts of parking lots on the SR-3 corridor,other 08-06 Johnson Belfair UGA Staff Report 1 streets,and the visual environment within the development.Building heights are limited to three stories. All business shall be conducted within enclosed buildings,except for approved outdoor storage,display, food vendors,and dining areas. Allowed uses: Uses that offer a wide range of consumer goods and services within a total building size under 50,000 square feet. Special uses:light manufacturing,utility buildings and structures(except transmission lines and structures),commercial parking lots not associated with an on-site use,private transportation depot, schools,public sidewalk food and merchandise vendors including espresso and newsstands,private recreation facilities including game arcades,batting cages, shooting galleries,and skating rinks. All uses permitted in the BI District provided the following conditions are met: • Site is identified as a"General Commercial—Business Industrial Overlay"on the Official Zoning Map for the Belfair UGA. •Development must comply with all bulk and dimensional and design standards and guidelines of Chapter 17.24,Business Industrial District. All uses listed as allowed(17.24.120)where the building exceed 50,000 square feet. Adult entertainment meeting proper separation distances. The primary purpose of the BI district is to provide for the location and grouping of industrial enterprises and activities involving manufacturing,assembly, fabrication,processing,bulk handling and storage, research facilities,warehousing and heavy trucking. It is also a purpose of this zone to protect the industrial land base for industrial economic development and employment opportunities. These purposes are accomplished by: A. Allowing for a wide range of industrial and manufacturing uses. B. Limiting retail uses to those necessary to directly support industrial activities. C.Prohibiting residential uses. Maximum building heights in the district are three stories. Substantial landscaping buffers are required for those properties adjacent to SR-3. Business-Industrial properties are exempted from most other site planning and building design guidelines to maximize flexibility for the uses. Allowed uses:Uses allowed in the district: automobile,appliance,and equipment repair services;dry cleaning plants,veterinary clinics,vocational schools,institutional uses,business service uses,truck dealers,auto parts yards,manufacturing uses,resource land uses,professional office uses,impound yard, towing services,and fuel depot. Accessory use:Retail sales,not to exceed 10%of the building's area. Special use:Adult entertainment meeting proper separation distances. I. WHY IS THE APPLICANT PROPOSING THIS AMENDMENT AT THIS TIME? The applicants want this property(a portion of parcel)to be rezoned from Residential 5 to the GC-BI zone so that they may be able to continue and/or expand their commercial and resource-based businesses as conforming land uses in an appropriate urban growth area zone designation. Their claim is that a mapping error was made by Mason County. Currently as a non-conforming land use in a Residential zone,the Johnsons cannot expand their business buildings beyond the area now occupied west of the railroad tracks. IL HISTORY OF SITE The subject parcel is located within the boundaries of the Belfair Urban Growth Area, at the edge of the residential - commercial boundary adopted in December 2004. The pole building was built in the west portion starting in late 2004 and 2005,just as the Belfair Urban Growth Area zoning regulations were being adopted by the Board of County Commissioners. The remainder of this portion of the parcel was logged by state permit, and the area immediately around the pole building is maintained for access and parking for the building. 08-06 Johnson Belfair UGA Staff Report 2 III. LAND USE& EXISTING CONDITIONS A) LOCATION This portion of parcel is located on the north and west side of the railroad alignment and State Highway 3 within the Belfair UGA, and the site has a road access through the east portion of the parcel that connects to the storage building land use by an improved rail crossing. B) SITE CONDITIONS The property has a slope downhill to the vacant west and southwest portions of the parcel; slopes of 25 to 35 percent are within the west half of the parcel and 30 to 40 percent in the southeast portion near the railroad easement. No wetland or typed streams are close to the property to affect potential development. Much of the developed area is in the higher northeast portion of the parcel and parking is located adjacent to the existing commercial building. Fire District No. 2 main station is to the southwest along Old Belfair Hwy. Current commercial and industrial businesses are east of the railroad, and residences are located to the north,west and south. C) CURRENT SURROUNDING ZONING(SEE ATTACHED VICINITY MAP) NORTH: Belfair Urban Growth Area/Residential 4 zone. EAST: Belfair Urban Growth Area/General Commercial/Business Industrial zone . SOUTH: Belfair Urban Growth Area/Residential 5 zone. WEST: Belfair Urban Growth Area/Residential 5 zone. D) ACCESS/TRANSPORTATION The subject parcel has existing access and railroad crossing to State Highway 3 via Peninsula Pl. county road through the east half of the parcel. E) PUBLIC UTILITIES(SEWER/SEPTIC,WATER) The parcel has septic available by a privately maintained system, and water available by Belfair Water District system. F) ENVIRONMENTAL/SEPA A SEPA determination of non-significance was made on September 12,2008. The proposed rezone would result in some impacts (additional buildings,traffic, and stormwater management)by the anticipated development in the GC/BI zone. If approved, compliance with the GC/BI zone regulations(setbacks,buffering, signs) will be made at the time of expanded development. STAFF ANALYSIS Under Section 1.05.080,Rezone Criteria, of the Mason County Development Regulations,the County shall review a rezone proposal and enter written findings for the following criteria. (The Applicant's responses are attached with their application; the County's responses are shown in Italics below). 1. Development allowed by the proposed rezone designation shall not damage public health, safety and welfare. 08-06 Johnson Belfai UGA Staff Report 3 If approved, the rezone would permit the land uses allowed in the GC/BI zone: most consumer goods and services, industrial enterprises, light manufacturing, warehousing, and heavy trucking land uses. The applicant wishes to extend the present GC/BI zoning on the east portion of the parcel onto the west portion of the parcel. The applicant states that the change in zoning could alleviate the potential conflict of directing traff c for residential uses through the existing industrial land uses taking place east of the railroad on the subject parcel. If the rezone request is approved, the evaluation of proposed extensive site preparation and construction on the parcel would need to comply with review standards for commercial and industrial development (setbacks, buffers, stormwater, and parking, if needed), as well as the provision of services to the requested land use. The subject parcel will be provided with sewer service as a part of a future phase of that system. 2. The zone designation shall be consistent with the Mason County Comprehensive Plan, Development Regulations, and other county ordinances, and with the Growth Management Act; and that designation shall match the characteristics of the area to be rezoned better than any other zone designation. The request is to change the zone of this entire parcel in the Belfair Urban Growth Area so that existing commercial or industrial uses can continue as a conforming land use and additional similar services may be expanded in the future. The storage building was applied for two weeks before the Belfair UGA Plan was adopted at the end of December 2004. The vicinity of this parcel was designated as the RS zone, and the building and land use were established after the Planning Advisory Commission and County Commissioners evaluation of the UGA plan zoning designations. The land use has continued as a non-conforming land use since the UGA Plan adoption. The approved Comprehensive Plan/UGA Plan maintained the residential land uses west of the railroad and kept non-residential land uses on the east side of the railroad easement. This provided a mix of land uses and available services adjacent to State Route 3 and fostered economic activity in the community for the businesses, residents, and visitors to the Belfair area. Present county development standards will aid in accommodating the existing and expanded business development into the vicinity. This request proposes to permit non-residential land uses to extend over the whole west portion of this parcel, bringing potentially non-compatible commercial or industrial land uses adjacent to the moderately-dense Residential 5-zoned properties to the north, west, and south. One reason for the rezone request by the applicant is based upon the two zones (Residential and GC/BI) on the subject parcel. This situation is not unique in the Belfair UGA, because there are many parcels that have split zones (mainly Residential and Mixed Use) located along State Route 3 from the Festival Retail zone south to State Route 106. The railroad easement serves as a physical separation of land uses to the east from land uses on the west. The current Residential S zone matches the existing characteristics of this area of the UGA better than the proposed GC/BI zone. 3. No rezone shall be approved if,either by itself or together with other rezoning and/or development,whether actual or potential,the cumulative impacts of such zoning would be to 08-06 Johnson Belfav UGA Staff Report 4 materially increase sprawling,low-density rural development,or to significantly increase uses incompatible with resource-based uses in the vicinity. The location of the rezone request is the site of an existing land use on a portion of the 9.60 ac. now under review. The site is within the outer boundaries of the Belfair Urban Growth Area, where areas of intensive land uses are expected to serve the region with a variety of residential, service, and commercial land uses. The kinds of permitted land uses are stated in the Title 17.20 to 17.35 Belfair UGA Zoning and Development Regulations. Requests for changes of zone within the urban growth area boundaries are anticipated following initial designation. Each request is reviewed for appropriateness in meeting the rezone criteria, especially impacts to adjacent land uses and services in the vicinity. In this case, approval of the rezone would permit expansion of the currently non-conforming land use in the Residential 5 zone, and would extend the GC/BI zone into the residential zone area. Although residential and commercial land uses are nearby, and the subject area has steep slopes to the west that are less suitable for extensive development involving site modifications and permanent stormwater controls for the new land uses. 4. No rezone to more intensive land use shall be approved if,either by itself or together with other rezoning and/or development,whether actual or potential,the cumulative impacts of such zoning would be to materially increase demand for urban services in rural areas, including but not limited to streets,parking,utilities,fire protection,police,and schools. The subject portion of parcel is within the Belfair Urban Growth Area medium density residential zone, and the approval of the rezone would cause a marked increase in demand for urban services due to the commercial or industrial land uses permittted under the GC/BI zone. Increase in utility demand and traffic activity, as well as stormwater management, would result from proposed commercial and industrial buildings along the county road, and likely needing to integrate with available power, water, sewer, and stormwater utility services. The proposed rezone would not affect development in the Rural Area. 5. No rezone to more intensive land use shall be approved if,either by itself or together with other rezoning and/or development,whether actual or potential,the cumulative impacts of such zoning would be to materially interfere with the Growth Management Act goal to encourage development in urban areas where adequate public services and facilities exist or can be provided in an efficient manner. The parcel is located within the logical outer boundaries of the Belfair Urban Growth Area, where a great array of land uses support the needs of the nearby residents inside of and outside of the UGA boundaries. The moderate amount of land involved in this rezone request will likely affect development in this urban growth area: utility services for increased commercial and industrial land uses, additional traffic, site modifications for an extensive land use. Under the current Residential 5 zone, development would be less extensive (smaller development footprint, less site modifications to prepare location),possible access could be provided from the north via the end of Newkirk Rd., and support services for the development provided without significant upgrades. In either case, the subject parcel is within the Belfair UGA, 08-06 Johnson Belfair UGA Staff Report 5 where adequate services can be provided for a range of potential development. 6. No rezone to more intensive land use shall be approved if,either by itself or together with other rezoning and/or development,whether actual or potential,the cumulative impacts of such zoning would be to materially interfere with the Growth Management Act goal to encourage retention of open space,to conserve fish and wildlife habitat,and generally to protect the environment,including air and water quality. If the rezone is approved or the existing zone remains,proposed development of the parcel will need to comply with proper standards of the Development Regulations. Slope critical areas are on site or close enough for Resource Ordinance special reports, buffers, and setback standards to apply. Setbacks and buffers for proposed commercial or industrial development will need to be adequate to screen these land use activities from county and state roads (GC/BI standard), any adjacent residential land uses, and nearby commercial properties to the north and south. The approval of the rezone would permit expansion of the commercial and industrial land uses into the Residential 5 zone area. The subject area has steep slopes to the west that are less suitable for extensive development that would involve site modifications, slope protection, and permanent stormwater controls for the new land uses. 7. No rezone to more intensive land use shall be approved if,either by itself or together with other rezoning and/or development,whether actual or potential,the cumulative impacts of such zoning would be to create pressure to change land use designations of other lands or to increase population growth in rural areas as projected in the Mason County Comprehensive Plan. Requests to change existing zone districts are anticipated within an urban growth area as a demand for greater area of more intensive commercial and non-residential land uses results and such new development is contained within the boundaries of the urban growth area. If the request is approved to rezone this property from a residential zone to another zone, other requests for rezone within an urban growth area could be submitted to consider future residential or commercial development on additional parcels. In addition, approval of this rezone request could be regarded as setting a precedent to change the present configuration of Belfair UGA zones adjacent to and separated by the railroad easement and to change the zoning on parcels with split zoning along the state highway at the south end of the UGA. 8. These criteria shall not be construed to prevent corrective rezoning of land necessitated by clerical error or similar error of typography or topography committed in the original zoning of such land. Staff finds this criterion as Not Applicable. The applicant presents this rezone request as a claim that an error was made. The time of filing of the permit(Dec. 14, 2004)for the pole building that is now present on the west portion of the parcel was after the December 7, 2004 public hearing of the Mason County Board of Commissioners evaluating the Belfair Urban Growth Area Plan and two weeks before Commissioners'final decision to approve the plan and zoning map. The County Commissioners would not have a reason to consider the entire parcel for a commercial/industrial land use prior to the December 7, 2004 date. 08-06 Johnson Belfair UGA Staff Report 6 wr■ia .. MIrrlrl—_.. __ _. _._rrr■t■IY" .. .... �. I■r•■■■r.._ I. FINDINGS Based upon the application materials and the evaluation of rezone criteria, staff findings are: Criterion 1 (no damage to public health, safety and welfare) is met;based upon staff evaluation. Criterion 2 (consistent Comprehensive Plan designation) is not met;based upon staff evaluation that the Belfair Urban Growth Area Residential 5 (R5) zone is the most consistent designation for the west portion of the subject parcel. Criterion 3 (no increase of sprawling low-density rural development or uses incompatible to resource-based land uses)is not met;based upon staff evaluation of the expansion of commercial/industrial land uses into a UGA residential area. Criterion 4 (no increase of demand for urban services in rural areas)is met;based upon staff evaluation that proposal is in Belfair UGA. Criterion 5 (does not interfere with GMA goal to encourage development in urban areas) is met; based upon staff evaluation although changing from residential to commercial/industrial land uses will increase service demands. Criterion 6 (does not interfere with GMA goal to encourage open space retention, conserve fish and wildlife habitat, and protect air and water quality) is not met;based upon staff evaluation that site development will alter existing slope critical areas and open space. Criterion 7 (no pressure to change land use designations of other lands or to cause greater than projected population increases in rural areas)is not met;based upon staff evaluation that some precedent for further rezone requests would result if approved. Criterion 8 (corrective rezone of lands) is not applicable to this request. II.OPTIONS FOR ACTION The Planning Advisory Commission has the following decision options to consider: 1. Recommend approval of the proposal as the applicant has requested. 2. Recommend denial of the proposal. III. ATTACHMENTS 1. Vicinity Map 2. Application materials. 3. List of 300-foot radius property owners,notified by US mail. 4. Letter of Comment from applicants. 08-06 Johnson Belfair UGA Staff Report 7 iL Corbit Rezone Criteria/Clerical Error Mason County Rezone Criteria 17.05.080 1.) Development allowed by the proposed rezone will cause no damage or endangerment to adjacent properties or property owners. Proposed rezone is similar to all current uses,activities, and infrastructure on the property and will constitute no changes; but rather an expansion and continuation of the properties uses. 2.) The proposed rezone to General Commercial and Business Industrial is a use fitting with the Belfair UGA.The property adjoins property currently under these zoning guidelines.The property and the adjoining properties are currently used by activities and structures applicable to the General Commercial and Business Industrial zoning.The subject parcel is in fact a contiguous parcel bisected by the Puget Sound Pacific Railroad with the portion in question currently designated as R-5 Medium Density Residential and a portion designated as General Commercial and Business Industrial.The proposed rezone and use will better make use of the property than the R-5 use stipulated in the Belfair UGA.The parcel has been developed and designed with engineering and infrastructure to support industrial uses. Residential uses of the parcel are not the most viable use of the property due to topography,access,and available utilities.The parcel is currently being used for General Commercial and Business Industrial with a 9,000 s.f.metal building and R-5 is not the best zoning designation for this existing use. 3.) The rezone of this portion of the property would not cause a material increase in low density development. Due to the access and topography issues mentioned above the proposed rezone and build out of the parcel is intended to maximize the use of the property while conforming to adjoining zoning guidelines. 4.) The proposed rezoning designation is not a more intensive land use; but is in fact a logical rezoning due to access,street design,fire access,and public services and would not increase demands on urban services. 5.) As stated in#3 &#4 above the proposed rezoning is in keeping with the Belfair UGA/Growth Management Act and is a proposal designed to make the most reasonable and compliant use of the property. 6.) The proposed rezoning and project scope are in keeping with the Belfair UGA/Growth Management Act for the preservation of open/undeveloped space. 7.) It would not be expected that the rezoning of a portion of this parcel would create pressure for the rezoning of adjacent properties.The rezoning of this property is an appropriate change with no negative impact to adjoining or local properties. 8.) The proposed rezone to General Commercial and Business Industrial for a portion of this property is intended to address topography and access issues which were likely not anticipated upon the parcels initial zoning and could be considered a clerical error. �J k G0' a, 4 N FERN + 2�u UCO Z U n:3 T2 4R1 aa 10 Q NE ` 9 p County 2 � y Lr r Yx � .. 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E 1 inch =0.38 miles S 123215000020, 123215100021 123212490040 I ) 123219999999 -;- 123212400010 123212400000 123211390051 123211390052 123213190023-123212490030 - --� 123213200130 123217500010 123213190024-�23213190011 123213190025 123214200060 123213190010 123213200050 123213190026 I 0 1 1 123213190012 123213101000 123214200070 123213200040 123213200010 123213190021 123214290082 1123213200031 123213190051 \ 123213101010 123213190 123214290083 123213200051 123213101020 123213190052 If 123213190040 123214290081 d \123213290061 123213190031 123213100031 123214290084 1232132900 � 123213190060 123213190032 123213200030 123219999999 123213102000 123214200090 123213190034 I RI 123213190033 123213400010 123213400030 NE P E� ` 123214300000 123213300000 . �� (' 123214300010 T 3NR1W 123213300020 / 123219999999 ` V 23214300130 1 123213400030 123213490060 123213490080 GC• 123214360100 123219999999 12321 0070 123213490011150 123214300110 123213300000 1232821900301 123214300120 123213300010 123213490020� 123282190040 123213400000 123214300130 123282190010 12321821900\40 123282200040 123282190030� 123282290053 123282190010� 123282100020 123282290051 123289999999 123282290052 123282100000 123280060000 123280003000 123282100000 123282203010 N 1 inch =400 feet W E 1 inch =0.08 miles S Mason County Map Output Page Page 1 of 1 Mason Count Ma f- � W ?* s µ AW A Two DISCLAIMER AND LIMITATION OF LIABILITY: The data used to make this map have been tested for accuracy,and every effort has been made to ensure that these data are timely,accurate and reliable.However,Mason County LEGEND makes no guarantee or warranty to its accuracy as to labeling,dimensions,or placement or location of any map features contained herein.The boundaries depicted by these data are F 3'` [ *'t t`[.;#nZ approximate,and are not necessarily accurate to surveying or engineering standards,and are intended for informational purposes only.Mason County does not assume any legal liability Hln rwa=A :.-Ay of SheIG)�n or responsibility arising from the use of this map in a manner not intended by Mason County. In no event shall Mason County be liable for direct,indirect,incidental,consequential, vr:r N [r,:-grn; irs ity E<,ran.78ry;f`fF) special,or tort damages of any kind,including,but not limited to,loss of anticipated profits or benefits arising from use of or reliance on the information contained herein F: r et: r,±nrr ssior' r Lz;niCa ?rbon=. 1010 _.3kes C 2006-Mason Countv 415 N.Sixth Street Sand$t,4�il:_r t_ai es Shelton,WA 99584 http://mapmason.co.mason.wa.us/servlet/com.esri.esrimap.Esrimap?ServiceNatne=amason... 6/30/2008 123213190051 123213190070 123214290083�� 123213200010 123213101010` 123214200070' ... 123213190052 �123213101020 123213190040 0> 123213200031` € 123213190031 x -123213100031 123213190060 a N 123213190032 - n f630� 123213190034 1232132 123213102000 -4123214200090 �o �'l 23213190033 Ijig ,� :I 123219999999 " " 123213400010 N P� 1,123213400030 �5J NE PENS ";;123214300010 'TB3NIR aW � 123213300020 r ' 123213400030 123214360100 123219999999_ 123213490060 123213490080� w ^S 0 rd 123214300110 123213490070 ;123213490050 N 123218888888 0 321430 0 12 012 I --Apo 123213400000. 123213300010 123282190030 123213490020 rN 123282190040 a_ -123282190010 0 " 123280060000�- ° 123282190040 "'" 123282200040 ' �°ti 340 I 123282190030 �123282290053 123282190010� 123282100020 123289999999 123282100000 0 123280003000 � ' 123280060000°A o o 123282290051 N 0 N° 123282100000 �, `�40 ° 0 N 1 inch = 300 feet W E 1 inch = 0.06 miles S o - - Wh_^ x. r p P N �.»'UR f � a IS, : � � � �` �. NRIW` o � o, emu' y � ! t N �S WIT .: r a y "'`0. ' s � "y h� t r�_ Lp 1 2011 G N 1 inch = 200 feet W E+- -1 1 inch = 0.04 miles S Mason County List of Adjacent Property Owners 300'—Corbit Shop A) Test TRS,C/O Gordon McKnight, 19524 Road 1 SE,Warden,WA 98857-9741 B) Arlene&James Evans,574 NE Newkirk RD, Belfair,WA 98528-9606 C) David&Carol Wood, P.O. Box 2613, Belfair,WA 98528-2613 D) Gary Walter,520 NE Beck RD, Belfair,WA 98528-9471 E) Gary Walter,520 NE Beck RD, Belfair,WA 98528-9471 F) Larry&Pat Gifford, P.O. Box 164, Belfair,WA 98528-0164 G) S&J Johnson, LLC, P.O. Box 488, Belfair,WA 98528-0488 H) Bill&Cameon Geyer, P.O. Box 1321, Belfair,WA 98528-1321 1) Bill&Cameon Geyer, P.O.Box 1321, Belfair,WA 98528-1321 J) Bill&Cameon Geyer, P.O.Box 1321, Belfair,WA 98528-1321 K) Cynthia Williams, P.O. Box 3026,Belfair,WA 98528-3026 L) Easement M) Eino&Bonnie Kuki,9412 258th Ave. E, Buckley,WA 98321-9444 N) Eino&Bonnie Kuki,9412 2581h Ave. E, Buckley,WA 98321-9444 0) Eino&Bonnie Kuki,9412 258th Ave. E, Buckley,WA 98321-9444 P) Eino&Bonnie Kuki,9412 258th Ave. E, Buckley,WA 98321-9444 Q) Overton&Associates, P.O. Box 2453,Olympia,WA 98507-2453 R) Overton&Associates, P.O. Box 2453,Olympia,WA 98507-2453 S) Winford Ashe, LLC, P.O. Box 1299, Belfair,WA 98528-1299 T) Winford Ashe, LLC, P.O. Box 1299, Belfair,WA 98528-1299 U) Michael&Lisa Eddy, P.O. Box 2940, Belfair,WA 98528-2940 V) State of WA, Dept.of Transportation Lands Division, P.O. Box 47440,Olympia,WA 98504-7440 W) S& L Johnson, LLC, P.O. Box 488, Belfair,WA 98528-0488 Mason County Map Output Page rage i or i Mason County Ma ID a I c� p Ps 'J k L N 0' � 0` 7nrt DISCLAIMER AND LIMITATION OF LIABILITY: The data used to make this map have been tested for accuracy,and every effort has been made to ensure that these data are timely,accurate and reliable.However,Mason County LEGEND makes no guarantee or warranty to its accuracy as to labeling,dimensions,or placement or location of any map features contained herein.The boundaries depicted by these data are R)r�.1 N1ef 3,Lands approximate,and are not necessarily accurate to surveying or engineering standards,and are intended for informational purposes only.Mason County does not assume any legal liability �f Hi�]t naps City of Shelton or responsibility arising from the use of this map in a manner not intended by Mason County. In no event shall Mason County be liable for direct,indirect,incidental,consequential, R'uF' s5 Is ams Corrsty Ei=urn7ar4r SM" ) special,or tort damages of any kind,including,but not limited to,loss of anticipated profits Farces s ornrr,ss arr r C�stnrtS or benefits arising from use of or reliance on the information contained herein =ec:ttons LakeS ®2006-Mason County 415 N.Sixth Street Town5t5 ps �' ► Pugwt Sound 8 t0djo,L ak-S Shelton,WA 98584 http://mapmason.co.mason.wa.us/servIeVcom.esri.esrimap.Em imap?ServiceName=amason... 6/24/2008 _ Armo lkz 41 Aw ua a y 300 { d' x +aq " NF f' �Ri , r TA IL w a s , r 320 3 n N 1 inch = 200 feet W E 1 inch = 0.04 miles S . . . 123213190051¢ 123213190070 123214290083� 123213200010 123213101010> Y-23214200070 123213190052 �123213101020 2 12321319004 0 123213200031" r "3 o o N 123213190031 ff ' $ r 123213100031 z 123213190060.' n 123213190032 �,. N = 123213190034 CO 123213200030 123213102000� 123214200090 0 123213190033 wo o F s' . o 123213400010 123219999999 C P< ' 123213400030 '�123214300010 Al T23 � � -�123213300020,+ f i �� ,J" IX' � ^ 123213400030 § 123214360100 p N � 123219999999 --�- 123213490080 ao �o o � " 1232143001 M- 123213490070'' 123213490050 N 123218888888 oa 123214300120 N _ 123213300010• 123282190030 00 123213400000, 0 123213490020� 1e N 123282190040 123282190010 0 123282123280060000 123282200040 123282190030 gA0 123282290053 °` ' ""' 123282190010 360 123282100020- 123289999999 123282100000 123280060000 a 123280003000 123282290051 CV 123282100000 w "'4p 0 N 1 inch = 300 feet W E 1 inch =0.06 miles S Mason County Map Output Page Page 1 of 1 Mason Count Ma W7 , �U j Paz i r y K ' k DISCLAIMER AND LIMITATION OF LIABILITY: The data used to make this map have been tested for accuracy,and every effort has been made to ensure that these data are timely,accurate and reliable.However,Mason County LEGEND makes no guarantee or warranty to its accuracy as to labeling,dimensions,or placement or location of anv map features contained herein.The boundaries depicted by these data are F'o 3" approximate,and are not necessarily accurate to surveying or engineering standards,and are intended for informational purposes only.Mason County does not assume any legal liability Hig^iways -City oI Shelb:m or responsibility arising from the use of this map in a manner not intended by Mason County. In no event shall Mason County be liable for direct,indirect,incidental,consequential, Riv'^r`-• Strt,am; ".oulily[*«unlary special,or tort damages of any kind,including,but not limited to,loss of anticipated profits or benefits arising from use of or reliance on the information contained herein F.tr Y is n±nrn, gio,-wt Cx !nsC; Sections � -akFs G 2006-Mason County 415 N.Sixth Street i� Townsh>p; Sound d Mal�:,r Lakes Shelton,WA 98584 http://mapmason.co.mason.wa.us/servlet/com.esri.esrimap.Esrimap?ServiceName=amason... 6/30/2008 123215000020, 123215100021 123212490040 1 123212400010 123212400000 123211390051 123211390052 123219999999 123213190 23-123212490030 -�------� 123213200130 123217500010«__.,. 123213190024 123213190011 123213190025 123214200060 123213200050 W! 123213190010 123213190026 123213101000 123214200070 U 1 123213190012 123213200040 123213200010 123213190021 /� /.[ 123214290082 1 123213200031 123213190051 1 \ 123213190 — 123213200051 123213101010 123213101020 2 123214290083 123213190052 123213190040 123214290081 123213290061 123213190031 \ 123213100031 /� 123214290084 1232132900 lJ III 1 123213190060 123213190032 123213200030 123219999999 123213102000 123214200090 123213190034 , F"1 123213190033' 8 T I 123213400010 / A o 123213400030 NE PE� 123214300000 123213300000 . (7 ( 123214300010 IDS T 3NR1W 123213300020 123219999999 t G� 23214300130 1 123213'00030 123213490060 123213490080 &C 123214360100 123219999999 1 J 123213 90070 123213490050 123214300110 123213300000"`l 123282190030 123214300120 123213300010 E 1232134900201 123213400000 1232821900101123282190040 123282190040 123214300130 123282200040 123282190030� 123282290053 123282190010� 123282100020 123282290051 123289999999 123282290052 123282100000 123280060000 123280003000 123282100000 123282203010 N 1 inch =400 feet W E 1 inch =0.08 miles S .. ... - err, 3„ f''>a'it a. 7 - it S� pFRW W ' 10 h , m Z / T2 NR1 ��,o 41 � f Co 14E ' P CountY WOQ) 5 k u LU i I X, rn F k k �. I d ,. �...r.- T22NR1W ge, N 1 inch = 2,000 feet W E 1 inch = 0.38 miles S conclusion that correcting this zoning anomaly/mapping error will be 90%to 95% compatible, to highly compatible with the Goals and Policies of GMA,Mason County's Comprehensive Plan and the Belfair Sub-Area Plan. Conclusion: After reviewing the access issues of this parcel and the related elevation change occurring on the west boundary of the site, we trust that you will agree with our findings and retain only one land use zone for this parcel,that of GC-BI; instead of the current split of 11-5 &% at GC-BI. Thank you for the opportunity to bring this item before the staff of Mason County. We look forward to the public hearings regarding this mapping correction/rezone action. If you have any additional questions please contact me or Barbara Baker,AICP Associate—Planner Sincerely, Robert W.Thorpe, AICP President R.W. Thorpe&Associates, Inc. :• 705 Second Avenue Suite 710 Seattle WA 98104 Telephone:(206)624-6239 Fax:(206)625-0930 E-Mail:admin@rwta.com •: Rezone criteria Parcel 123213400030 911112008 6 of 16 industrial use building permitted by Mason County on the parcel.It is our argument that this is a corrective rezoning of land due to mapping error. (b)Rezone Characteristics. The burden of proof shall be on the applicant to show through response to these criteria and information provided that the proposed rezone to more intensive land use is warranted. ■ Based on the rezone criteria(above)of 17.05.080(a) 1 through 8 it has been demonstrated that the proposed mapping error/rezone should be granted In rural activity center and hamlets, any rural land use rezone may be appropriate provided that the criteria above are satisfied. • NA-The site is not rural. The parcel is within the Belfair UGA Outside of rural activity centers and hamlets, approval of rezone requests to a more intensive land use in rural areas shall not exceed five per calendar year and the total amount of acreage subject to rezoning shall not exceed fifty acres, excepts for errors in original zoning, as specified in subsection(a)(8)of this section. ■ NA-The site is not rural. The parcel is within the Belfair UGA For the purpose of this section,the numeric limit shall apply to both direct rezones for rural residential to rural commercial,rural tourist, or rural industrial,and also intervening rezones from rural residential to rural tourist,rural tourist campground,or rural natural resources with subsequent rezone requests to rural commercial or rural industrial. ■ NA-The site is not rural. The parcel is within the Belfair UGA For purposes of this section,the total acreage limit shall not include the acres of parcels rezoned to rural tourist campground or rural natural resources. Such rezones must involve small scale businesses as defined in Mason County Code Ch. 17.06.be isolated as required by RCW 36.70A.070 (5)(d), and may not occur within one-half mile by road of any urban growth area,rural activity center;hamlet; or isolated rural commercial,rural tourist,or rural industrial area, or any other LSMIRD under RCW36.70A.070(5)d. ■ NA -The site is not rural. The parcel is within the Belfair UGA Rural commercial 3 zoning shall not be allowed outside of rural activity centers and hamlets. Rural natural resources,rural residential,rural tourist campground,and master planned resorts may occur anywhere in rural areas provided that the criteria above are satisfied. In the site of new rural natural resource districts, consideration must be given that current and potential future development on site will not, in combination with development on adjacent properties, create a pattern of low-density sprawling development. (Ord. 108-05 Attach. B (part), 2005). ■ NA -The site is not rural. The parcel is within the Belfair UGA This concludes the rezone criteria elevation. Compatibility Matrix �6(W z(ote U - uel�- The following"Compatibility Matrix"responds to the UGA plan specific to Belfair and the policies which direct the permitting of uses in the Mason County approval process. It is our Rezone criteria Parcel 123213400030 911112008 5 of 16 .._. � w! 16w1 n°wl� Dill �__ _. ■��W ._.___ ._....,. _. The cumulative impacts of correcting the map error/rezone would not materially interfere with Growth Management. The BUGA plan is for twenty years(to 2020.)The net suitable land for Medium Density Residential development was calculated to be 512.2 acres(2005 update); capacity remains in undeveloped properties in Belfair which have access off of Highway 3 and other surface streets. Proposed Lana Use Designations -FOSOM ReW(FR) (6)No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or tW Fang R"idarrelal cR-,e, development,whether actual or potential, F- -W the cumulative impacts of such zoning LWW TO— a-T^) would be to materially interfere with the = Growth Management Act goal to encourage nA�r.:1.rNM retention of open space,to conserve fish and ,,w wildlife habitat, and generally to protect the µ environment,including air and water quality; SITE ° According to the Mason County Assessors , office 40% of the BUGA in 2004 was in t , Forestry,while vacant unimproved land ., totaled 300 acres. The parks,trails and open. space recommendations for downtown, and - pedestrian loops also in the BUGA will ensure that open space remains. Applicable buffer requirements for the BI classification r.R 1- Be8air$u"r"Plan can be adhered to. The map correction/ 0 rezone will not have a negative cumulative impact on open space, fish,wildlife habitat or the environment, including air and water quality. (7)No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development,whether actual or potential,the cumulative impacts of such zoning would be to create pressure to change land use designations of other lands or to increase population growth in rural areas as projected in the Mason County comprehensive plan; The access to segment"A"through segment"B" creates a traffic issues due to the railroad bisecting the site. The reason to turn the entire site over to one zoning designation (i.e. GC-BI ) is not an issue of land use intensity but a traffic issue specific to this parcel. Topography should preclude changing R-5 to the west and south to more intensive zoning. (8)These criteria shall not be construed to prevent corrective rezoning of land necessitated by clerical error or similar error of typography or topography committed in the original zone of such land. The parcel configuration of this property, is unique. Few, if any other sites within the Urban Growth Boundary of Belfair are divided by the rail right of way; no other single parcel has been broken into two different zoning classifications particularly one with an existing Rezone criteria Parcel 123213400030 911112008 4 of 16 be forced to maneuver a private crossing of the railway or obtain another crossing entitlement. Access from the east is contrary to the planning principle of"not permitting access to a single family zone through an industrial use zone. (2)The rezone designation shall be consistent with the Mason County comprehensive plan, development regulations and other county ordinance, and with the Growth Management Act; and that designation shall match the characteristics of the area to be rezoned better than any other zone designation; The current industrial use of the site is to continue on segment`B" under the adopted UGA and is consistent with the Mason County comprehensive plan. The industrial building which is on segment"A"was permitted by Manson County building officials as a conforming use. Whereas these facts are matters of record demonstrated by the permits and the official Mason County Land Use Map, they are consistent with county ordinances,the comprehensive plan and the UGA of Growth Management. (3)No rezone shall be approved if, either by itself or together with other rezoning and/or development,whether actual or potential,the cumulative impacts of such zoning would be to materially increase sprawling,low density rural development,or to significantly increase uses incompatible with resource-based use in the vicinity; There would be not material increase in sprawling, low density rural development with the correction of the mapping error/rezone. GC-BI zoning represents a more intensive use of the site. The current uses (nursery/cell tower/shop/house-storage/office)are compatible with resource-based uses in the vicinity and the cumulative impacts of zoning the entire area to GC- BI zoning will increase the number of uses that are compatible. In addition,the topography of segment"A" is compatibly linked to segment"B"; i.e.they are at the approximate elevation. Beyond the boundary of the parcel to the west,the land falls away. Here there is an elevation change of almost 80'. The parcel should have one land use zone. (4) No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential,the cumulative impacts of such zoning would be to material increase demand for urban services,in rural area, including, but not limited to streets,parking,utilities, fire protection,police and schools. The Mason County 2004 Comprehensive Plan update brought the entire site within the Urban Growth Boundary of Belfair and urban services are/were anticipated by adoption of the Belfair Subarea Plan. The rezone is consistent with the level of services that are planned for in this document. (5) No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development,whether actual or potential,the cumulative impacts of such zoning would be to materially interfere with the Growth Management Act goal to encourage development in urban areas where adequate public services and facilities exist or can be provided in an efficient manner. Rezone criteria Parcel 123213400030 911112008 3 of]6 i i■ram _ _. _ � From the mid 1990's through 2003 during the adoption of the Belfair Urban Growth Area Plan,and currently the entire site has been used as an industrial site. At the expense and sustained efforts of/by the owner,the land entitlements were obtained to develop the site for the industrial use from the federal government, state and the county: ➢ The private rail-road crossing obtained from the U.S. Government for traffic and utilities was obtained by and at the expense of the owner. The 5 year process culminated in the granting of the access for"Industrial Use"only. ➢ The owner obtained the permits and installed the left turn lanes from SR-3 onto the site, per Washington State Department of Transportation direction and supervision for industrial traffic entering and leaving the site. ➢ Mason County permitted the construction of a 9,000 square shop, located on the"A" segment as an"industrial use." ➢ The entire site—A&B has been used to store soil, crushed rock and various manufacturing components,in addition to the operation of a batch concrete plant. Access through segment"B" exposes any crossing traffic to the industrial use—construction products processing site/Cement Plant. In addition segment"A"contains the light industrial building permitted by Mason County for heavy equipment servicing and repair. Segment"A"drops off fairly sharply to the west,with no access available to the existing development or western portion of the site. At the time of the adoption of the Belfair Urban Growth Area Plan it is believed by the owner that this zoning anomaly occurred as a mapping error. And that the team of MAKERS Architects.and Urban Design, lead consultant, apparently did not understand that access to the west portion of the parcel was though segment`B". Had they been able to visit the site it would be apparent that R-5 is a inappropriate mapping designation. In reviewing the situation a"rezone application"was submitted to formally enter a written justification for the entire site to retain the GC-BI designation. The following provides a discussion of these factors. Response to 17.05.080 Rezone Criteria (a)Rezone Criteria. The county shall review a rezone proposal and enter written finding for the following criteria: (1)Development allowed by the proposed rezone designation shall not damage public health, safety and welfare. The proposed rezone area is typical of the use which now occupies the site. The division of the parcel into two zoning classification renders segment"A" a residential area. Retaining the R-5 zoning of the western segment would force neighborhood traffic though the '/2 of the site which is used for manufacturing; with heaving equipment, rock and gravel storage, a Cement Plant, and soils processing. Development of the entire parcel at GC-BI would keep this from occurring and it would improve public safety and welfare because residential traffic would not Rezone criteria Parcel 123213400030 ' 911112008 2 of 16 09/11/08 Analysis By: R.W.Thorpe&Associates Subject: Rezone DDR2008-00133 Mason County Belfair Urban Growth Area Plan (BUGA) Comprehensive Plan—Future Land Use Figure 18. GC Land Use Designation. Parcel.#123213400030—SeQments A &B Owner: S& JJohnson LLC Parcel.#12321999 9999— "C" d Burlington Northern RR B _ Right of Way C Overview This rezone address the rare occurrence where one parcel in unified ownership is divided in terms of the provision of zoning classifications, assigned in part light industrial and in part residential zoning. Such zoning is highly disfavored, as it creates unpredictability, is difficult to = F administer&is often unfair. The standard approach by municipalities is to zone"to property lines" and not bifurcate parcels. The rezone request is being submitted for approval to cure an obvious mapping error,whicht creates inconsistencies between existing development 3 .a regulations and Comprehensive Plan policies. There are also significant site constraints which preclude meaningful development of the portion of property zoned residential,including topography and access." For ease of discussion one portion of the unified parcel is referred to as segment"A"and one portion as segment`B"(see diagram). The railroad right-of-way, identified as"C" crosses the parcel. Entrance for the entire parcel is from State Route 3 (SR 3). Access to segment"A"can only occur though segment`B";there is no other route. With the adoption of the Belfair Urban Growth Area Plan in 2002-2003. Segment"A"was zoned residential R-5 and segment"B"was zoned GC-BI. Historical / Established Use of the Site: Rezone criteria Parcel 123213400030 911112008 1 of 16 Corbit Rezone Criteria/Clerical Error Mason County Rezone Criteria 17.05.080 1.) Development allowed by the proposed rezone will cause no damage or endangerment to adjacent properties or property owners. Proposed rezone is similar to all current uses,activities, and infrastructure on the property and will constitute no changes; but rather an expansion and continuation of the properties uses. 2.) The proposed rezone to General Commercial and Business Industrial is a use fitting with the Belfair UGA.The property adjoins property currently under these zoning guidelines.The property and the adjoining properties are currently used by activities and structures applicable to the General Commercial and Business Industrial zoning.The subject parcel is in fact a contiguous parcel bisected by the Puget Sound Pacific Railroad with the portion in question currently designated as R-5 Medium Density Residential and a portion designated as General Commercial and Business Industrial.The proposed rezone and use will better make use of the property than the R-5 use stipulated in the Belfair UGA.The parcel has been developed and designed with engineering and infrastructure to support industrial uses. Residential uses of the parcel are not the most viable use of the property due to topography,access,and available utilities.The parcel is currently being used for General Commercial and Business Industrial with a 9,000 s.f.metal building and R-5 is not the best zoning designation for this existing use. 3.) The rezone of this portion of the property would not cause a material increase in low density development. Due to the access and topography issues mentioned above the proposed rezone and build out of the parcel is intended to maximize the use of the property while conforming to adjoining zoning guidelines. 4.) The proposed rezoning designation is not a more intensive land use; but is in fact a logical rezoning due to access,street design,fire access,and public services and would not increase demands on urban services. 5.) As stated in#3&#4 above the proposed rezoning is in keeping with the Belfair UGA/Growth Management Act and is a proposal designed to make the most reasonable and compliant use of the property. 6.) The proposed rezoning and project scope are in keeping with the Belfair UGA/Growth Management Act for the preservation of open/undeveloped space. 7.) It would not be expected that the rezoning of a portion of this parcel would create pressure for the rezoning of adjacent properties.The rezoning of this property is an appropriate change with no negative impact to adjoining or local properties. 8.) The proposed rezone to General Commercial and Business Industrial for a portion of this property is intended to address topography and access issues which were likely not anticipated upon the parcels initial zoning and could be considered a clerical error. NOTICE OF APPLICATION FOR AMENDMENT TO THE MASON COUNTY COMPREHENSIVE PLAN AND REQUEST FOR REZONE (CASE 08-06) Notice is hereby given that the applicants,S &J Johnson,L.L.C.,have filed an application for a request to rezone the west portion of one parcel,9.60 acres in size and noted below, within Belfair UGA from R5 zone to GC-BI zone. The applicant does have plans for future development of the property at this time. Site address and Project Location: Adjacent to the west of 120 NE Peninsula Pl., Belfair,WA. Parcel No: 12321-34-00030. A complete legal description available at the County office listed below. Date of Application: June 2008. The proposed amendment to the Mason County Comprehensive Plan and Request for Rezone is subject to the public review process under the Mason County Development Code, Section 15.09.060. This application is evaluated under the standards of the Mason County Development Regulations Section 1.05.080,Rezone Criteria. A PUBLIC HEARING will be held by the Mason County Planning Advisory Commission on the request on Monday September 29,2008 at 6:00 p.m. in the County Commissioners Chambers,Bldg. 1,411 N. 5 th Street, Shelton,WA. A public hearing by the Board of County Commissioners will be held in November 2008,when a final decision will be made. If special accommodations are needed, please contact the Planning Department at(360)427-9670 ext. 365. Comments or questions on this request or the public review process may be sent to Allan Borden, Department of Community Development, P.O. Box 279, Shelton WA 98584, or (360) 427-9670 ext. 365. Publish: September 4 and 11, 2008 (2t) Shelton Mason County Journal Bill to: Mason County Planning Department P.O. Box 279, Shelton WA 98584 Notice of Application 2008 Mason County Map Output Page rage i or i Mason County Ma W _ t a � G 4' L J NSs fI�KN>�'R� N1 r 1 0 777R DISCLAIMER AND LIMITATION OF LIABILITY: The data used to make this map have been tested for accuracy,and every effort has been made to ensure that these data are time accurate and reliable..However,Mason County LEGEND makes no guarantee or warranty to its accuracy, as to labeling,dimensions,or placement or location of any map features contained herein.The boundaries depicted by these data are i~oa"I s [ Fe1efa<Land,, approximate,and are not necessarily accurate to surveying or engineering standards,and are intended for informational purposes only.Mason County does not assume any legal liability N Higrmay5 _ tidy of Shelton or responsibility arising from the use of this map in a manner not intended by Mason County. In no event shall Mason County be liable for direct,indirect,incidental,consequential, Rivers&Stroams Cofn',t y ek a ary{Iyt iR i special,or tort damages of any kind,including,but not limited to,loss of anticipated profits Fart*js Ccrnmiwor*r Oestncts or benefits arising from use of or reliance on the information contained herein 34ctions Lakes 41 5 N.Sixth Street-Mason County 15 4N. Ll Towwnshj)s :W Puget Sound$Mao,Lakes Shelton,WA 98584 http://mapmason.co.mason.wa.us/servlet/com.esri.esrimap.Esrimap?ServiceName=amason... 6/24/2008 Mason County List of Adjacent Property Owners 300'—Corbit Shop A) Test TRS,C/O Gordon McKnight, 19524 Road 1 SE,Warden,WA 98857-9741 B) Arlene&James Evans,574 NE Newkirk RD, Belfair,WA 98528-9606 C) David &Carol Wood, P.O. Box 2613, Belfair,WA 98528-2613 D) Gary Walter,520 NE Beck RD, Belfair,WA 98528-9471 E) Gary Walter,520 NE Beck RD, Belfair,WA 98528-9471 F) Larry& Pat Gifford, P.O. Box 164, Belfair,WA 98528-0164 G) S&J Johnson, LLC, P.O. Box 488, Belfair,WA 98528-0488 H) Bill&Cameon Geyer, P.O. Box 1321, Belfair,WA 98528-1321 1) Bill&Cameon Geyer, P.O.Box 1321, Belfair,WA 98528-1321 J) Bill&Cameon Geyer, P.O.Box 1321, Belfair,WA 98528-1321 K) Cynthia Williams, P.O. Box 3026, Belfair,WA 98528-3026 L) Easement M) Eino&Bonnie Kuki,9412 258th Ave. E, Buckley,WA 98321-9444 N) Eino&Bonnie Kuki,9412 258"Ave. E, Buckley,WA 98321-9444 0) Eino&Bonnie Kuki,9412 2581h Ave. E, Buckley,WA 98321-9444 P) Eino&Bonnie Kuki,9412 2581h Ave. E, Buckley,WA 98321-9444 Q) Overton&Associates, P.O. Box 2453,Olympia,WA 98507-2453 R) Overton&Associates,P.O. Box 2453,Olympia,WA 98507-2453 S) Winford Ashe, LLC, P.O. Box 1299, Belfair,WA 98528-1299 T) Winford Ashe, LLC, P.O. Box 1299, Belfair,WA 98528-1299 U) Michael& Lisa Eddy, P.O. Box 2940, Belfair,WA 98528-2940 V) State of WA, Dept.of Transportation Lands Division, P.O. Box 47440,Olympia,WA 98504-7440 W) S& L Johnson, LLC, P.O. Box 488, Belfair,WA 98528-0488 To: Alan Borden Dept. of Community Development From: John Diehl 11/25/08 17:03:52 Page 1 of 3 FACSIMILE COVER PAGE Date: 11/25/08 Time: 17:03:42 Page: 1 To: Alan Borden Company: Dept. of Community Development Fax#: 427-8425 From: John Diehl Company: Advocates for Responsible Development Address: 678 Portage Rd. Shelton, WA 98584 USA Voice#: 426-3709 Message: Please provide copies of these comments to the commissioners at their hearing this evening. -- John Diehl From: Barbara Adkins To: Allan Borden Date: 11/25/2008 1:27 PM Subject: Fwd: Re: Johnson Rezone Allan- This was my email to the Commissioners. Lynda was the only one to respond. How they will handle this tonight is anyone's guess,but now you know as much as I know. Thanks, Barbara >>> Lynda Ring-Erickson 11/24/2008 12:50 PM >>> Barb, I would like to see the agreement before I vote and I would like to have the agreement stay with the land. Lynda >>> Barbara Adkins 11/24/2008 12:32 PM>>> Commissioners- I spoke with Monty regarding a concomitant agreement between Mason County and the Johnson.The proposed agreement would provide for additional conditions and/or restrictions on the landowner with respect to developing the property under General Commercial-Business Industrial Zoning. It was determine that it is entirely acceptable to enter into such an agreement that further restricts or conditions the landowner's use of the property. Should the Commissioners vote to approve the rezone with a concomitant agreement,there are a couple items to note: 1) There is no agreement proposed at this time outlining the applicants voluntary conditions to support the rezone. If the rezone approval is tied to the agreement,consider tabling the vote until an agreement is drafted and agreed upon. 2) If rezone is approved with the agreement,consider whether the agreement should run with the owner or the land. Having it recorded would provide that all future development of that property be subject to the same conditions. If there are other items still unclear on this case,please let me know and I'll get as much information to you as I can before. ` tomorrow night. Thanks, Barbara MASON COUNTY COMMISSIONERS' MEETING AGENDA NOVEMBER 25,2008—PAGE 2 8.6 Approval to set a public hearing on December 16, 2008 at 9:30 a.m. to consider the adoption of the 2009 Annual Construction Program and the 2009-2014 6-Year Transportation Improvement Program. 8.7 Approval for the Mason County Department of Public Works to advertise for submittals from interested qualified firms/individuals to provide consulting services for year 2009. 8.8 Approval for the Equipment Rental &Revolving Fund Manager to call for bids to furnish Mason County with one used Roll Off Truck for the Department of Utilities and Waste Management. The cost is approximately$80,000 and would be funded from a state grant and the Utilities operating budget. Date and time of opening to be December 17, 2008 at 9:00 am. 8.9 Approval for the Equipment Rental &Revolving Fund Manager to call for bids to furnish Mason County with Asphalt Concrete, MC250 (Cold Mix)and/or CSS I Tack Coat for 2009. Date and time of opening to be December 17, 2008 at 9:00 am. 8.10 Approval for the Equipment Rental and Revolving Fund Manager to purchase two underground storage tanks and related fuel facility equipment from the Washington State contract#00808. Estimated cost is about$110,000. 8.11 Approval of Warrants Claims Clearing Fund Warrant #s 150384-150628 $970,677.74 9. 6:30 p.m. Public Hearings and Items Set for a Certain Time 10. Other Busine ss (Department Heads and Elected Officials 10.1 Continued from 11/18/2008 for a vote on the public hearing to review the request by Steve and Jack Johnson L.L.C. to rezone the west portion of one parcel (9.60 ac. area)within the Belfair Urban Growth Area from Residential 5 zone to General Commercial/ Business Industrial zone. Staff: Allan Borden 11. Board's Reports &Calendar 12. Adjournment I:\Agendas\2008\2008-11-25.REG.doc November 25.1 BOARD OF MASON COUNTY COMMISSIONERS DRAFT MEETING AGENDA Commission Chambers—6:00 p.m. 411 North Fifth Street, Shelton WA 98584 TUESDAY, NOVEMBER 25, 2008 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Correspondence and Organizational Business 4.1 Correspondence 4.2 News Release -Transportation Improvement Program Citizens Advisory Program. Staff: Charlie Butros 5. Open Forum for Citizen Input (5 minutes per person, 15 minutes time limit) If you wish to address the Commission,raise your hand to be recognized by the Chair. When you have been recognized, please step up to the microphone and give your name and address before your comments.The Mason County Commission is committed to maintaining a meeting atmosphere of mutual respect and speakers are encouraged to honor this principle. (An individual may request to address the Board at a later time on the agenda by contacting the Clerk of the Board at least 24 hours prior to the meeting.) 6. Adoption of Agenda Items appearing on the agenda after"Item 9. Public Hearings", may be acted upon before 6:30 p.m. 7. Approval of Minutes— briefing minutes for the week of November 3, 2008. 8. Approval of Consent Agenda: All items listed under the"Consent Agenda"are considered to be routine by the Commission and will be enacted by one motion unless a Commissioner or citizen so requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. 8.1 Approval of the Veterans Assistance Fund applications for: Dean Simono, $50 utilities, $250 food; Maxine Nielsen (Robert Nielsen), $600 burial benefits; David Howard, $38.64 utilities and $200 food for a total of$1,138.64 as recommended by the Veterans Assistance Fund Screening Committee. 8.2 Approval to submit the required application to continue as a political subdivision of the Washington State purchasing card program (credit card program). 8.3 Approval to schedule a public hearing on December 16, 2008 at 9:30 a.m. to consider additions and amendments to the Mason County Code(and Development Regulations)Title 17 relating to signs and repeal Title 12 Chapter 12.44 relating to signs. 8.4 Approval to set a public hearing on December 16, 2008 at 9:30 a.m. to consider a budget transfer from ending fund balance to the 2008 budget for the Current Expense Fund, Facilities&Grounds, in the estimated amount of$48,775. 8.5 Approval to set a public hearing on Tuesday, December 16, 2008 at 9:30 a.m. to consider the*Private Line Utility Permit applications between Mason County with William R. Hardy and Mission Creek Correction Center. Last printed 11/20/2008 2:12 PM MASON COUNTY TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed: FROM: Allan Borden Ext. 365 DEPARTMENT: DEPT. OF COMM. DEVELOPMENT Public Hearing DATE: Tuesday November 18, 2008 No. ITEM: Public hearing to review the request by Steve and Jack Johnson L.L.C. to rezone the west portion of one parcel (9.60 ac. area) within the Belfair Urban Growth Area from Residential 5 zone to General Commercial / Business Industrial zone. Planning Advisory Commission: public hearing by Planning Advisory Commission was held on September 29, 2008; their recommendation for approval was adopted by 5 to 0 vote, with a condition to limit the range of possible land uses. Background: This request to change this urban growth area zone has been evaluated by the Planning Advisory Commission and is now forwarded for public hearing evaluation by the Board of County Commissioners. Recommended Action: I make a motion to (approve or deny) the request by Steve and Jack Johnson L.L.C. to rezone the west portion of one parcel (9.60 ac. area) within the Belfair Urban Growth Area from Residential 5 zone to General Commercial / Business Industrial zone, and have the Chair sign Findings of Fact for this decision. Attachments: Planning Advisory Commission summary, Staff rezone summary, Staff report, and public notice legal ad for paper. I:\Zoren\public hearing 11-18-08 s&j Johnson rezone 08-06 request-ahb.doc.doc Allan Borden-Johnson rezone and fores�tg conversion in Belfair UGA Pale 1 From: "Ken and Peggy"<dukeof@hctc.com> to: "Allan Borden"<Ahb@co.mason.wa.us>, "Michael M... Date: 10/7/2008 7:32 am Subject: Johnson rezone and forestry conversion in Belfair UGA CC: "Commissioner Sheldon"<tims@co.mason.wa.us> I attended the Planning Advisory Commission meeting last week regarding the rezone and testified. I feel that a moratorium should have been placed on this property after it was logged, Not only does it affect storm water retention it should have had some sort of public process regarding conversions. Rezoning this property so soon after it was logged does not give the land time to recover. I attended a stormwater meeting last evening at which several County Staff attended. Charlie Butros, Emmet Dobey, and Barb Adkins. I asked the question about moratoriums and was told it was 6 years. Again can you tell me why this property wasn't subject to a moratorium? I intend to testify at the Commissioners meeting regarding this rezone. thank you Ken Allan Borden - Re: re uest 1 From: "Ken and Peggy"<dukeof@hctc.com> To: "Allan Borden"<Ahb@co.mason.wa.us> Date: 9/30/2008 5:02 am Subject: Re: request cant believe what happened last night and what was said. Mr.Johnson,Tim Wing, and Bob Fink were at the meeting of the sub area planning committee when that property was originally zoned R-5 and raised no concerns. I think the developers were trying to figure a way to convert the piece of forested land from a forestry designation to industrial-commercial with no taxes or penalties and no moratoriums.How much timber was removed from that property? Google Earth still shows it as a substantial stand of trees. How can they constantly get these things done just prior to the County adopting ordinances and sub area plans.Why wasn't it left in a forestry or open space designation? How much open space is required in the UGA? Did any of the planning commission disclose that they had business dealings with the Johnsons or set on the subarea planning committee?Please place my written comments I submitted yesterday into the rezone record so the County Commissioners can read before their decision. thanks for the job you do, its pretty thank less!. best Ken. -----Original Message----- From: "Allan Borden"<Ahb@co.mason.wa.us> To: "Ken and Peggy"<dukeof@hctc.com> Sent: Friday, September 26,2008 10:14 AM Subject: Re: request Ken: Michael MacSems is not in the office today, and he was the staff to review the request back in Feb. 2005. My initial look into the case from notes under the FPA case is:site is 8.90 ac. in the Belfair UGA; proposal was a conversion to industrial undertaken by a Class IV General permit;a geologic assessment and stormwater plan were reviewed by MC Public Works; no development moratorium was added to the permit; and the permit was issued by WA DNR. This review preceded the county's forest practice reviews adopted by ordinance in Dec.2005. Michael might give you further insight on the case when he returns to work on Monday 9/29. Allan Borden >>>"Ken and Peggy"<dukeof@hctc.com>9/26/2008 6:40 am >>> Allan,was there a 6 year development moratorium placed on that parcel when it was logged? thanks Ken -----Original Message----- From: "Ken and Peggy"<dukeof@hctc.com> To: "Allan Borden"<Ahb@co.mason.wa.us> Sent:Tuesday, September 23,2008 7:39 PM Subject: Re: request >thanks Allan I received. Jack Johnson was on that committee so I find it >very interesting that they say it is a mapping error. Brian Peterson was >the Commissioner appointed co-chair of that committee. I would like to >see his comments if he submits any.There were quite a few other folks on >that committee. thanks again. Allan Borden- Re: re uest 2 >-----Original Message----- > From: "Allan Borden"<Ahb@co.mason.wa.us> >To:"Ken and Peggy"<dukeof@hctc.com> >Sent: Monday, September 22, 2008 9:17 AM >Subject: Re: request >Ken: > In response to your early Sat. morning message, I believe that I mailed >the staff report with the application &responses to your address on >Thurs. morning 9/18,or it may have gone out on Fri.9/19 at the latest. > I thought that you should receive a copy as soon as I had it available. >also mailed out a copy to Dr. Brian Petersen for his comment,since he was >the chairperson for the UGA plan committee. >Allan Borden > > Planner-Long Range&Site Inspection > P.O. Box 279, Shelton, WA 98584 >(360)427-9670 ext. 365 »»"Ken and Peggy"<dukeof@hctc.com>9/20/2008 5:16 am >>> >could you send me the applicants rezone criteria statements and well as >the Countys response to the Johnson rezone in the Belfair UGA? thanks Ken >275-3890 Allan Bo rden_j ohnson rezone mitigations Page 1 From: "Ken and Peggy"<dukeof@hctc.com> To: "Allan Borden"<Ahb@co.mason.wa.us> Date: 10/2/2008 3:32 pm Subject: johnson rezone mitigations. Allan after thinking about the proposed mitigation of a fifty foot buffer, I dont see how that will mitigate any of the sound, noise or potential stormwater runoff. Given the 80 foot drop in elevation they would have to get some very fast growing trees. I remain opposed to this rezone. thanks ken i JSooeo • • ;-� �y-�� u`i a(4R �n(C M/rvwfa �lsl . j ,v�ur� l yP COMMENTS RECEIVED— RE: S &J JOHNSON REZONE REQUEST Ken Van Buskirk: Sept. 7, 2008 e-mail. He would like application and staff report to review. John Gunter: Sept. 24, 2008 phone call. Will the county approve the request if the staff report states that several rezone criteria are not met ? He lives to the north of the site and is concerned about truck activities and noise generated from an approval. Does an access directly to Newkirk Rd. exist ? Access through the north would be very incompatible with the residential in the area. Cami Geyer Sept. 29, 2008 phone call. She supports the staff findings that deny this rezone request; she lives to the south of the site and eventual dust, odor, and noise that would result from further commercial and industrial development would not be acceptable to her family. Pat Loudin Sept. 29, 2008 phone call. He is concerned with access to property on the north, west, or south; he is not aware that access easements have been obtained before the traffic is generated by new uses. He lives to the north of the site and is just off Newkirk Rd. Bob Thorp Sept. 29, 2008 phone call. He is planner working for the Johnsons and he is proposing alternative ways to address the findings of the staff. He will provide his comments and/or proposed alternatives at the meeting. I i i j 08-06 johnson comments received sept 08 R.W. THORPE & ASSOCIATES, INC. Seattle • Anchorage • Denver • Winthrop o Planning • Landscape Environmental • Economics 0 PRINCIPALS: ASSOCIATES: Robert W.Thorpe,AICP,President Jennifer Lee,ASLA Stephen Speidel,ASLA,Vice President f 09/11/08 Jam' Mason County �,� FA! Dept. of Community Development ern yF• " Allan Borden Planner Ale, P.O. Box 279 Shelton, WA 98584 Ref: #12321400030 (case DDR2008-00133) Mr. Borden, The enclosed Rezone Analysis for the S & J Johnson property reviews the Belfair Urban Growth Area Plan and the Mason County Rezone Criteria for compatibility, in light of the application by the Johnson's to rezone the site. Two bound and one unbound copies are being supplied for inclusion in the record on behalf of S & J Johnson the owners / applicant of the property. We would request that the Planning Commission receive a copy in their packet for study prior to the hearing. If additional copies are needed they can be made by you or sent by us, so that the staff& County Commissioners are made aware of this evaluation. If you would like an electronic file, please request it by e-mailing me at bbaker6Drwta.com Thank you for forwarding this information to the Commission Sincerel Barbara Baker,AICP R.W. Thorpe & Assoc. Inc. Cc S & J Johnson 0 705 Second Avenue Suite 710 Seattle,WA 98104 Telephone:(206)624-6239 Fax:(206)625-0930 E-Mail:admin@rwta.com 0 { TEST TRS ARLENE &JAMES EVANS C/O GORDON MC KNIGHT 574 NE NEWKIRK RD 19524 ROAD ISE BELFAIR, WA 98528-9606 WARDEN,WA 98857-9741 DAVID &CAROL WOOD GARY WALTER PO BOX 2613 520 NE BECK RD BELFAIR,WA 98528 BELFAIR, WA 98528-9471 LARRY&PAT GIFFORD BILL &CAMEON GEYER PO BOX 164 PO BOX 1321 BELFAIR,WA 98528 BELFAIR, WA 98528 i i i i CYNTHIA WILLIAMS EINO&BONNIE KUKI PO BOX 3026 9412 258TH AVE E BELFAIR,WA 98528 BUCKLEY, WA 98321-9444 OVERTON&ASSOCIATES WINFORD ASHE, LLC PO BOX 2453 PO BOX 1299 OLYMPIA, WA 98507 BELFAIR, WA 98528 STATE OF WASHINGTON MICHAEL&LISA EDDY DEPT OF TRANSPORTATION PO BOX 2940 LANDS DIVISION BELFAIR,WA 98528 PO BOX 47440 OLYMPIA, WA 98504 S &L JOHNSON, LLC PO BOX 488 BELFAIR,WA 98528 I 1 Rezone DDR2008-00133 Mason County Belfair Urban Growth Area Plan By: RW Thorpe &Associates, Inc. For S & J Johnson Belfair,WA ' *e 705 Second Avenue Suite 710 Seattle WA 98104 Telephone:(206)624-6239 Fax:(206)625-0930 E-Mail:admin@rwta.com •: R.W. THORPE & ASSOCIATES, INC. Seattle • Anchorage Denver • Winthrop o Planning • Landscape Environmental Economics e ' PRINCIPALS: ASSOCIATES: Robert W.Thorpe,AICP,President Jennifer Lee,ASLA Stephen Speidel,ASLA,Vice President ' 09/11/08 Analysis By: R.W. Thorpe & Associates ' Subject: Rezone DDR2008-00133 Mason County Belfair Urban Growth Area Plan (BUGA) ' Comprehensive Plan—Future Land Use Figure 18. GC Land Use Designation. Parcel: #123213400030—SeQments A &B Owner: S& JJohnson LLC Parcel. #12321999 9999— "C" ' Burlington Northern RR R-4 Right of Way C Overview This rezone address the rare occurrence where one parcel in unified ownership is divided in terms of the provision ' of zoning classifications,assigned in part light industrial and in part residential zoning. Such zoning is highly disfavored, as it creates unpredictability, is difficult to ' administer& is often unfair. The standard approach by municipalities is to zone"to property lines" and not bifurcate parcels. The rezone request is being submitted ' for approval to cure an obvious mapping error, which creates inconsistencies between existing development regulations and Comprehensive Plan policies. There are also significant site constraints which preclude meaningful development of the portion of property zoned residential, including topography and access." For ease of discussion one portion of the unified parcel is referred to as segment"A" and one portion as segment"B" (see diagram). The railroad right-of-way,identified as"C" crosses the parcel. ' Entrance for the entire parcel is from State Route 3 (SR 3). Access to segment"A" can only occur though segment"B"; there is no other route. With the adoption of the Belfair Urban Growth Area Plan in 2002-2003. Segment"A" was zoned residential R-5 and segment"B"was zoned GC-BI. rHistorical/ Established Use of the Site: e 705 Second Avenue Suite 710 • Seattle,WA 98104 • Telephone:(206)624-6239 Fax:(206)625-0930 • E-Mail:admin@rwta.com e Rezone criteria Parcel 123213400030 911112008 1 of 16 From the mid 1990's through 2003 during the adoption of the Belfair Urban Growth Area Plan, and currently the entire site has been used as an industrial site. At the expense and sustained efforts of/by the owner, the land entitlements were obtained to develop the site for the industrial use from the federal government, state and the county: ➢ The private rail-road crossing obtained from the U.S. Government for traffic and utilities was obtained by and at the expense of the owner. The 5 year process culminated in the granting of the access for"Industrial Use"only. ➢ The owner obtained the permits and installed the left turn lanes from SR-3 onto the site, per Washington State Department of Transportation direction and supervision for industrial traffic entering and leaving the site. 1 ➢ Mason County permitted the construction of a 9,000 square shop, located on the"A" segment as an"industrial use." ➢ The entire site—A & B has been used to store soil, crushed rock and various manufacturing components, in addition to the operation of a batch concrete plant. Access through segment"B" exposes any crossing traffic to the industrial use—construction products processing site/Cement Plant. In addition segment"A" contains the light industrial building permitted by Mason County for heavy equipment servicing and repair. Segment"A" drops off fairly sharply to the west, with no access available to the existing development or western portion of the site. At the time of the adoption of the Belfair Urban Growth Area Plan it is believed by the owner that this zoning anomaly occurred as a mapping error. And that the team of MAKERS Architects and Urban Design, lead consultant, apparently did not understand that access to the west portion of the parcel was though segment"B". Had they been able to visit the site it would be apparent that R-5 is a inappropriate mapping designation. In reviewing the situation a"rezone application" was submitted to formally enter a written justification for the entire site to retain the GC-BI designation. The following provides a discussion of these factors. Response to 17.05.080 Rezone Criteria (a) Rezone Criteria. The county shall review a rezone proposal and enter written finding for the following criteria: (1) Development allowed by the proposed rezone designation shall not damage public health, safety and welfare. The proposed rezone area is typical of the use which now occupies the site. The division of the parcel into two zoning classification renders segment"A" a residential area. Retaining the R-5 zoning of-the western segment would force neighborhood traffic though the %2 of the site which is used for manufacturing; with heaving equipment, rock and gravel storage, a Cement Plant, and soils processing. Development of the entire parcel at GC-BI would keep this from occurring and it would improve public safety and welfare because residential traffic would not 8 705 Second Avenue Suite 710 • Seattle WA 98104 • Telephone:(206)624-6239 • Fax:(206)625-0930 • E-Mail:admin@rwta.com 4- Rezone criteria Parcel 123213400030 911112008 2 of 16 be forced to maneuver a private crossing of the railway or obtain another crossing entitlement. Access from the east is contrary to the planning principle of"not permitting access to a single family zone through an industrial use zone. (2)The rezone designation shall be consistent with the Mason County comprehensive plan, development regulations and other county ordinance, and with the Growth Management Act; and that designation shall match the characteristics of the area to be rezoned better than any other zone designation; The current industrial use of the site is to continue on segment"B"under the adopted UGA and is consistent with the Mason County comprehensive plan. The industrial building which is on segment"A"was permitted by Manson County building officials as a conforming use. Whereas these facts are matters of record demonstrated by the permits and the official Mason County Land Use Map, they are consistent with county ordinances, the comprehensive plan and the UGA of Growth Management. (3)No rezone shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially increase sprawling, low density rural development, or to significantly increase uses incompatible with resource-based use in the vicinity; There would be not material increase in sprawling, low density rural development with the correction of the mapping error/rezone. GC-BI zoning represents a more intensive use of the site. The current uses (nursery/cell tower/shop/house-storage/office) are compatible with resource-based uses in the vicinity and the cumulative impacts of zoning the entire area to GC- BI zoning will increase the number of uses that are compatible. In addition, the topography of segment"A"is compatibly linked to segment"B"; i.e. they are at the approximate elevation. Beyond the boundary of the parcel to the west, the land falls away.Here there is an elevation change of almost 80'. The parcel should have one land use zone. (4) No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to material increase demand for urban services, in rural area, including, but not limited to streets, parking,utilities, fire protection, police and schools. The Mason County 2004 Comprehensive Plan update brought the entire site within the Urban Growth Boundary of Belfair and urban services are/were anticipated by adoption of the Belfair Subarea Plan. The rezone is consistent with the level of services that are planned for in this document. (5) No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential,the cumulative impacts of such zoning would be to materially interfere with the Growth Management Act goal to encourage development in urban areas where adequate public services and facilities exist or ' can be provided in an efficient manner. ' 4.4 705 Second Avenue Suite 710 • Seattle WA 98104 • Telephone:(206)624-6239 • Fax:(206)625-0930 • E-Mail:admin@rwta.com •: Rezone criteria Parcel 123213400030 911112008 3 of 16 ' The cumulative impacts of correcting the map error/rezone would not materially interfere with Growth Management. The BUGA plan is for twenty years (to 2020.)The net suitable land for Medium Density Residential development was calculated to be 512.2 acres(2005 update); capacity remains in undeveloped properties in Belfair which have access off of Highway 3 and other surface streets. Proposed Land Use Designations _Festrvsl ROW(FR) (6)No rezone to more intensive land use GYn eml ComnwaW(GC) MBed-Use(MU) shall be approved if, either by itself or BusWou-Induf1 W(&,) !s' together with other rezoning and/or _MWY Famy Reaidam al(R-10) c development, whether actual or potential t ""°"'m oensdy Reeaenpat(R-S) p Y j'� ) Siigle FOOWy ResidentW(R-3) the cumulative impacts of such zoning long Tenn AgdaYeae(LTA) would be to materially interfere with the Growth Management Act goal to encourage ;; } retention of open space, to conserve fish and wildlife habitat, and generally to protect the environment, including air and water quality; SITE According to the Mason County AssessorsRam 'ty office 40% of the BUGA in 2004 was in Forestry, while vacant unimproved land totaled 300 acres. The parks,trails and open space recommendations for downtown, and t: pedestrian loops also in the BUGA will ,w _ ° ""'"" M V*~.A YnMuY f yYa.eb.rrYy v■Yn■.■ I Mw■Ip■n mw:■Wd■ ensure that open space remains. Applicable sue= � ft=b..�..r Befair SMW1nsa Plan buffer requirements for the BI classification t: can be adhered to. The map correction/ rezone will not have a negative cumulative impact on open space, fish,wildlife habitat or the environment, including air and water quality. (7)No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to create pressure to change land use designations of other lands or to increase population growth in rural areas as projected in the Mason County comprehensive plan; The access to segment"A"through segment"B" creates a traffic issues due to the railroad 1 bisecting the site. The reason to turn the entire site over to one zoning designation(i.e. GC-Bl) is not an issue of land use intensity but a traffic issue specific to this parcel. Topography should preclude changing R-5 to the west and south to more intensive zoning. 8) These criteria shall not be construed to prevent corrective rezoning of land necessitated by clerical error or similar error of typography or topography committed in the original zone of such land. The parcel configuration of this property is unique. Few, if any other sites within the Urban Growth Boundary of Belfair are divided by the rail right of way; no other single parcel has been broken into two different zoning classifications particularly one with an existing 705 Second Avenue Suite 710 a Seattle WA 98104 e Telephone:(206)624-6239 a Fax:(206)625-0930 a E-Mail:admin@rwta.com Rezone criteria Parcel 123213400030 911112008 4 of 16 i ' industrial use building permitted by Mason County on the parcel. It is our argument that this is a corrective rezoning of land due to mapping error. ' (b) Rezone Characteristics. The burden of proof shall be on the applicant to show through response to these criteria and information provided that the proposed rezone to more intensive land use is warranted. ■ Based on the rezone criteria(above)of 17.05.080 (a) I through 8 it has been demonstrated that the proposed mapping error/rezone should be granted In rural activity center and hamlets, any rural land use rezone may be appropriate provided that the criteria above are satisfied. ■ NA-The site is not rural. The parcel is within the Belfair UGA Outside of rural activity centers and hamlets, approval of rezone requests to a more intensive land use in rural areas shall not exceed five per calendar year and the total amount of acreage subject to rezoning shall not exceed fifty acres, excepts for errors in original zoning, as specified in subsection(a)(8) of this section. ■ NA -The site is not rural. The parcel is within the Belfair UGA For the purpose of this section, the numeric limit shall apply to both direct rezones for rural residential to rural commercial,rural tourist, or rural industrial, and also intervening rezones from rural residential to rural tourist,rural tourist campground, or rural natural resources with subsequent rezone requests to rural commercial or rural industrial. ■ NA -The site is not rural. The parcel is within the Belfair UGA For purposes of this section,,the total acreage limit shall not include the acres of parcels rezoned to rural tourist campground or rural natural resources. Such rezones must involve small scale businesses as defined in Mason County Code Ch. 17.06. be isolated as required by RCW 36.70A.070 (5)(d), and may not occur within one-half mile by road of any urban growth area, rural activity center; hamlet; or isolated rural commercial, rural tourist, or rural industrial area, or any other LSMIRD under RCW36.70A.070(5)d. ■ NA -The site is not rural. The parcel is within the Belfair UGA Rural commercial 3 zoning shall not be allowed outside of rural activity centers and hamlets. Rural natural resources, rural residential, rural tourist campground, and master planned resorts may occur anywhere in rural areas provided that the criteria above are satisfied. In the site of new rural natural resource districts, consideration must be given that current and potential future development on site will not, in combination with development on adjacent properties, create a pattern of low-density sprawling development. (Ord. 108-05 Attach. B (part), 2005). ■ NA -The site is not rural. The parcel is within the Belfair UGA This concludes the rezone criteria v elevation. Compatibility Matrix The following"Compatibility Matrix"responds to the UGA plan specific to Belfair and the policies which direct the permitting of uses in the Mason County approval process. It is our i :• 705 Second Avenue Suite 710 • Seattle WA 98104 • Telephone:(206)624-6239 • Fax:(206)625-0930 • E-Mail:admin@rwta.com •: Rezone criteria Parcel 123213400030 911112008 5 of 16 conclusion that correcting this zoning anomaly/mapping error will be 90% to 95% compatible,to highly compatible with the Goals and Policies of GMA, Mason County's Comprehensive Plan and the Belfair Sub-Area Plan. Conclusion: After reviewing the access issues of this parcel and the related elevation change occurring on the west boundary of the site, we trust that you will agree with our findings and retain only one land use zone for this parcel, that of GC-BI; instead of the current split of%2 R-5 & '/z at GC-BI. Thank you for the opportunity to brie this item before the staff of Mason County. We look Y pp Y g Y forward to the public hearings regarding this mapping correction/rezone action. If yoo have any additional questions please contact me or Barbara Baker, AICP Associate—Plae iSincerely, �`4► (obert W. Th , Al President R.W. Thorpe&Associates, Inc. ' 705 Second Avenue Suite 710 Seattle WA 98104 Telephone:(206)624-6239 Fax:(206)625-0930 E-Mail:admin@rwta.com •: Rezone criteria Parcel 123213400030 911112008 6 of 16 I' u » u+» u » u u u_ u "NA"Not Highly Compatible Somewhat Subjective Somewhat Highly Applicable Phasing Compatible incompatible Incompatible Issues Belfair Urban Growth Area Plan COMPATIBILTY 2.30 Bel air Urban Growth Area Plan BUGA 1 Incorporate the Belfair Urban Growth Area Plan 2004 by reference into the .Bone Comprehensive Plan. 2.31 Urban Growth Area Boundary Policies Establish boundaries for the Belfair UGA which accommodate the projected urban population for the year 2014 and provide: • Sufficient land to accommodate housing needs for single family, multifamily and mixed use development • Sufficient land to accommodate utilities, facilities and transportation infrastructure for an urban area • Sufficient land for institutional uses BUGA 2 Sufficient land to provide supporting commercial and industrial services for the ++ present and projected population, regional population and traveling public Mason County Comprehensive Plan-April,1996(updated 2005)Planning Policies Page III-2.7 • Sufficient and well-located land to capitalize on the industrial potential within the area: regional roads, active rail lines, proximity to Kitsap County and the Puget Sound area, • Sufficient land for a market factor. Map Correction/Rezone is consistent with these policies ' The Urban Growth Boundary for the community of Belfair should be of sufficient size U-200 to accommodate growth which is 25%greater than projected. +r Growth has been project and size is established. The Urban Growth Boundary should reflect the abilities of service purveyors to provide U-201 urban levels of facilities and services during the 20- ear planning period. +r The UGB has been established Protect the environmentally sensitive areas of Theler Wetlands, the Union River Valley, and the steep slopes east of SR 3 from detrimental development pressures and impacts by the designation of major portions of the valley as rural, by encouraging clustering of development on the flatter and more stable portions of the steep slopes, and by BUGA 3 consideration of either rural designations or additional development standards for ++ development adjacent to the Theler Wetlands. ' Segments A of the parcel contains a moderately sloping hillside. Protection of the environment is achievable with best management practices development / setbacks and buffers. ' Ensure the development of an integrated,planned community where people will be able to work and live, by permitting residential and compatible business uses to develop in close proximity to each other, with strong functional and aesthetic links, through the BUGA 4 -implementation of strict performance standards. • Development policies and strict performance standards on one parcel with two zoning designations make integration difficult because the BI zoning prohibits 1 residential use. (see LU-3) Mason County should plan for a variety of uses in the Belfair UGA, including U-205 residential, open space, public facilities, cultural facilities, and commercial, retail and `S ' 705 Second Avenue Suite 710 • Seattle WA 98104 • Teleyh? e: J06)624-6239 • Fax:(206)625-0930 • E-Mail:adm' @ a.com •: Rezone criteria Parcel 123213400030 Y///�2008 iY0 6 it ' "4+" K+" KS" K K K—�K "NA"Not Highly Compatible Somewhat Subjective Somewhat Highly Applicable Phasing Compatible incompatible Incompatible Issues industrial uses. Split zoning of a single parcel is not the"variety" one considers advantageous. Mason County should minimize land use conflicts in the Belfair UGA through the use of appropriate buffering and performance standards, and ensure compatibility among U-206 ftresidontial, commercial, and industrial land uses. 12 of the site zoned R-S should be changed to GC-BI to reverse the land use ct created by one parcel having two different zoning designations. 2.32 Land Use and Community Design Policies LU-1 LU-1: Create the Festival Retail FR Land Use Designation NA LU-2• LU-2: Create the Mixed-Use se MU Land Use Designation NA LU-3: Create the General Commercial GC Land Use Designation-Purpose: ( ) g mP The primary purpose of the GC designation is to provide areas that offer a wide range of consumer goods and services for both Belfair UGA residents, regional residents, and the traveling public. An additional purpose is to provide a Business- Industrial Overlay(GC-BI) Area that allows both commercial uses and services and industrial related uses on those properties close to the railroad and/or already engaged in industrial related uses. Permitted Uses: Allows for the full range of commercial uses, including retail trade eLU-3• and shops; finance, insurance, and real estate uses; and professional office and ++ • service uses. Industrial/manufacturing/wholesale uses are permitted in the General Commercial—Business-Industrial (GC-BI) Overlay(see Figure 18)as long as they ' comply with the applicable buffer requirements for the BI classification. Residential uses are not permitted. Description of Uses Industrial/Manufacturing/Wholesale—Manufacturing,assembling,warehousing,repairing, abricatin ,and processing, The 112 of the site zoned R S, segment A is already engaged in industrial related use, and is on the railroad. The adoption of the BUGA Plan rendered this %2 of the parcel as containing a non-conforming use. Changing the zoning to be the same as the other%2 of the parcel would correct this. Create the Business—Industrial Designation (BI) ' Locations: Properties in the northeast corner of the UGA. Provisions for the BI designation are also applicable to industrial,manufacturing, and wholesale uses in the GC-BI overlay areas along the SR-3 corridor. ' Permitted Uses: A combination of manufacturing, institutional, wholesale trade, professional office, and service uses. Height Limits and Density: Three-story height limit. Design Guidelines: Provide a wide landscaping buffer along SR-3 to screen uses LU-4.• to enhance safety 'These from highway. Driveway and access guidelinesy on SR-3. purposes are accomplished by: ' ■ Allowing for a wide range of industrial and manufacturing uses. ■ Limiting retail uses to those necessary to directly support industrial activities. ■ Prohibiting residential uses. Access requirements to SR-3 would be consistent for segment A& B under one zone classification of GC-BI and would allow integration rather than two sets o ' S• 705 Second Avenue Suite 710 • Seattle WA 98104 • Telepphone:0(206)624-6239 • Fax:(206)625-0930 • E-Mail:adrn @ taxom •: Rezone criteria Parcel123213400030 yI11120 8 iPol�b Kam" "S" "NA"Not Somewhat Somewhat Highly phasing Highly Compatible Compatible Subjective incompatible Incompatible Applicable Issues guidelines: Residential Use is prohibited in GC-BI zones and it becomes apparent that the mapping error occurred when BUGA was adopted, due to the lack of parcel investigation. Create the Medium Density Residential(R-5) Land Use Designation Purpose: The purpose of the R-5 District is to provide sites for moderate density residential development within the Belfair Urban Growth Area. The district allows for a density of five dwelling units per acre, except where"critical lands"are present—which reduce the permitted density. Clustering of the dwelling units and properties are encouraged to protect open space and water quality, reduce infrastructure needs, and enhance energy efficiency. Multi family dwelling units are permitted as long as they do not exceed the density requirement and minimize impacts to adjacent single family dwelling units. Locations: Some areas west of the SR-3 corridor and on the plateau. Permitted Uses: This generally includes cottages, attached singled family, and LU-6• detached single family uses. Where uses are clustered to concentrate infrastructure _ and preserve sensitive natural areas or open space, the housing could include townhouses or small-scale apartment buildings. Height Limits and Density: Three-story base height limit. Maximum density of five dwelling units per acre. Design Guidelines: Design guidelines for single family will focus on site planning and access issues. For example, new developments should be integrated with open space, local and regional trail systems, and sensitive natural areas. New developments should accommodate Encourage use of sustainable design principles. The 112 of the site zoned R-5 is not compatible with this policy. Permitted uses are inconsistent with industrial business traffic. Clustering of housing units on %2 of the parcel zoned R-5 would not relieve the fact that no other access exists to the back portion of the parcel known as segment "A': 2.33 Transportation Policies T-1 to T-9 T-la SR-3 from Romance Hill Road to SR-106 Widen roadwayto three lanes. High Anytime T-Ib SR-3 Driveway Consolidation - Consolidate and narrow driveways. High Anytime Periodically review operations of private driveways and implement turn restrictions based on congestion or accident experience ' T-lc Medium SR-3 Sidewalk Install sidewalk between Cokelet Lane to Romance Hill Road Anytime on both sides of SR-3 ' T-2 High Now SR-3/SR-106 Intersection Install"permanent" traffic signal. T-3 Medium SR-3/SR-300 Intersection Prohibit eastbound left turn from SR-300 to SR-3. ' Anytime Install center median T-4 Low SR-3 Medians Install center landscape medians on SR-3 north of Cokelet Anytime Lane and south of SR-106 and at other locations. ' T-5 Medium Truck Access Review major truck access points (e.g., Weyerhaeuser Road, Anytime industrial driveways) to determine if addition of acceleration lanes or traffic :• 705 Second.Avenue Suite 710 • Seattle WA 98104 /v• Telepphone: 206)624-6239 • Fax:(206)625-0930 • E-Mail:adm o a.com •: Rezone criteria Parcel 123213400030 9/111204 i8 J "S" "K "_ u "NA"Not 4 Somewhat Somewhat Highly Phasing Highly Compatible Compatible Subjective incompatible Incompatible Applicable Issues signals could improve truck access onto SR-3. T-6 High SR-3 —Alternate Route Support construction of an alternate route to SR-3 Anytime through the Belfair UGA. T-7 SR-300/Clifton Lane Intersection Install traffic signal (8 to 10 years) Medium T-8 Medium Old Belfair Highway Improvements Complete sidewalk network, install Anytime landscape and median treatments. T-9 Medium Develop local access roadway Encourage developers to construct local access Anytime roadways on properties fronting SR-3. Require access easements to adjacent properties. The construction of alternate routes of SR-3 could/may require taking of rights of way and a local access roadway requiring access easements to S adjacent properties could in effect create a frontage road along SR-3. This combined with the paving of NE Peninsula Place may allow an additional access entrance on to SR-3; however residential R5 owners would still be required to cross the GB-I Zone of segment"B"of the site. 2.34 Parks, Trails, Open Space, and Public Facility Policies P-1: Expand stream corridor,wetlands, and critical areas protection. P-2: Create a centralized plaza space within the proposed Festival Retail Zone downtown. P-3: Develop a park near downtown. Develop parks in conjunction with new residential development on the Phasing P-4 Issues plateau. P-5: Expand the system of trails associated with the Theler Wetlands. P-6: Install a trail/bikeway system along SR-3. P-�, As part of development, construct a walking trail along the ridge top east of the SR-3 corridor. Develop a system of connected trails on the plateau. and the State(associated P-g' with`bypass construction). Phasing P-9: Create a trail and sidewalk system that loops within and around the Issues downtown area. Z35 Water Quality Policies W-Ito W4 W-1: Install sanitary sewer trunk.line within the next 5 years. W-2. Undertake a program of local water quality detention facilities to reduce ' pollutants in local streams and in the canal. W-3: Continue current collaborative,inter-agency efforts to monitor and upgrade water quality. ' W-4. Encourage an education and volunteer program encouraging local residents ++ and property owners to adopt"bestpractices" regarding stream and wetland ' 705 Second Avenue Suite 710 • Seattle WA 98104 • Telepphone:(206)624-6239 • Fax:(206)625-0930 • E-Mail:admin@rwta.com 2 Rezone criteria Parcel 123213400030 9/11/200 10 of 16 "S" "NA"Not d Somewhat Somewhat Highly Phasing Highly Compatible Compatible Subjective incompatible Incompatible Applicable Issues maintenance and low impact development. Capital Facility Policies U-202 The County should define the levels of service necessary to support urban levels of development in the UGA. Assure the orderly transition from rural to urban uses for Belfair by: •Phasing sewer provision, •Allowing urban development based on sewer provision • Allowing appropriate transitional development in areas where sewers will be provided, BUGA 5 • Allowing rural densities and development in areas which cannot meet transitional development standards. The current use of the site as a plant brokerage/top soil storage/nursery/road & gravel processing/Cement Plant is consistent with the transition and no portion of the parcel should be made non-conforming by the adoption of the BUGA Plan which has created the split zoning. In areas within the Urban Growth Area, where public sewer and water are not available, subdivisions must be designed to allow more intensive development when such services become available. This can be accomplished in one of the following two ways: Alternative#1 Before urban services are available at a property, subdivision shall be to urban densities. However, development may be allowed wherein non-urban services are BUGA 5a provided on several lots in support of development on others. Alternative#2 Before urban services are otherwise available on a property, subdivision of the property may provide for a number of lots meeting the definition of urban density while the remainder of the property is maintained as a single large lot. The large lot portion may be used to site non-urban type services such as wells and septic systems to serve development on the smaller, urban size, lots. Provisions shall be made for the future urban services to such properties as provided below. Phasing of alternatives has no additional affect on the split zoning of the parcel. Development shall facilitate the achievement of future urban needs for the area, such as for proper street system, utilities, services and orderly platting, so that desirable i not precluded b uncoordinated development. future urban development s o c P Y P ' Development regulations shall specify when improvements are required at the time of BUGA 5a1 subdivision, when the improvements are required to be obligated at time of subdivision, and/or when provisions for future improvements are required at time of subdivision. Approval shall require a waiver Mason County Comprehensive Plan -April, 1996(updated 2005)Planning Policies Page III-2.9 of protest to the future formation of a utility local improvement district for the purpose of constructing sewer mains to serve the area in which the property is located. Facilitating the development of the parcel assumes it is desirable to subdivide segment A into single family lots, however a proper street system for this to occur is not achievable because optional routes to State Route 3 and/or any other access points are under different ownership. Any R-5 traffic of segment A, would have to travel across the private rail crossing and through GC-BI business uses. 705 Second Avenue Suite 710 • Seattle WA 98104 • Tel ((206)624-6239 • Fax:(206)625-0930 • E-Mail:adm�@ t .com •: • Rezone criteria Parcel 123213400030 9/11/2008 t l o "S" u u cc_ K "NA"Not J Highly Compatible Somewhat Subjective Somewhat Highly Applicable Phasing Compatible incompatible Incompatible Issues BUGA 5a2 When water or sewer lines are installed for use prior to connection to public utilities, the lines should be sized to meet the future system requirements and standards. BUGA 5b All lots developed for any uses in the Phase 1 sewer service area prior to the availability of public sewer may be required to install side sewer pipelines, if the approved waste water treatment plan or design determines that it is appropriate, in order to provide for future connection of all such structures to the public sewerage system when it becomes available. All lots developed for any uses outside of the Phase 1 area shall be required to connect to the public sewer system when it becomes available as a condition of approval, except for single family residences. U-203 Urban services and facilities within the Belfair UGA that are required to meet the needs of new development should be planning to be available within six years of the completion of development to meet the levels of services established for such services and facilities. El BUGA 6 Designate a Phase 1 sewer provision area that includes the downtown core of Belfair. This area is where sewer should be provided to first. Encourage urban development of mixed uses to locate there, based on provision of services, good site design and adequate transportation facilities. BUGA 7 Designate a Phase 2 sewer provisions area located outside the downtown core of Belfair. This area is intended to be provided with sewer service after Phase 1 is serviced. U-204 Facilities and services in the Belfair UGA should be sufficient to accommodate seasonal increases in population. BUGA 8 In the interim, before sewer is provided, allow mixed-use urban-level development to proceed if the proposal can demonstrate it can meet the following criteria: • It complies with the applicable health regulations and other Mason County building regulations; e.g. critical areas, storm water management, etc. • It provides a binding site plan which shows how the current proposal will be accommodated and how the remainder of the site will accommodate and not preclude urban services and densities. • Sewer pipelines appropriately designed for future connection to the community sewer system will be installed from the plumbed structure to the lot line. • A waiver of protest is given to the future formation of a utility local improvement ' district for the purpose of constructing sewer mains to serve the area. •A binding site plan is prepared for the development. Mason County Comprehensive Plan-April,1996(updated 2005)Planning Policies Page III- 2.10 BUGA 9 The binding site plan for development in areas not yet served by sewer should also show how the :development would address the following: g ' Buffers • Landscaping ' • Traffic access and parking standards • Height and scale in relation to surrounding uses and future uses •Vegetation removal 705 Second Avenue Suite 710 • Seattle WA 98104 • Telephone:((206)624-6239 • Fax:(206)625-0930 E-Mail:adm'2 6.com Rezone criteria Parce1123213400030 9/ll/2008 f ' Lf„F,ff K�f K� K K++» Somewhat KS» Somewhat Highly "NA"Not phasing Highly Compatible Compatible Subjective incompatible Incom atible. Applicable Issues • Storm water • Lot coverage •Compatibility with surrounding existing and future uses U-309 New residential development shall be reasonably accessible to public transportation. New subdivisions should incorporate transit facilities into their site designs. The cells shaded in the rightp p column are tied to policies which relate to the Capital Facilities Plan for funding of the UGA expansion. These do not meaningfully affect this discussion of split zoning and the action to correct the mapping error. 1 1 705 Second.Avenue Suite 710 • Seattle WA 98104 • Telephone:(206)624-6239 • Fax:(206)625-0930 E-Mail:admire@ -Com •: • Rezone criteria Parcel 123213400030 7/1 noi /�of/6 1 Jack Johnson:Note Rerecorded on 6/3/03 to correct BLA2003-00007 STEVE JOHNSON errors in survey data.AF# 1783214 BLD96-01019 TELECOMMUNICATION TOWER JACK JOHNSON COM2002-00129 ANTENNA T MOBILE COM2003-00130 CELL TOWER CINGULAR WIRELESS COM2004-00127 CELL TOWER ANTENNA ADDED TO EXISTING NEXTEL TOWER COM2004-00224 STORAGE/SHOP S J JOHNSON LLC Rezone western portion of one parcel in the Belfair DDR2008-00133 UGA from R5 to GC-BI zone. S&J JOHNSON FIR2005-00029 AFA STEVE JOHNSON FPA2005-00001 Steve Johnson: CONVERSION STEVE JOHNSON GRD2008-00001 32,745 CUBIC YARDS(STORM WATER PLAN S&J JOHNSON AND SOILS REPORT INCLUDED) GRD94-00029 placement of 50,000 cy of fill and associated grading JACK JOHNSON CLEARING PROPERTY AND GRADING OF 1500 ' GRD95-00024 CU.YD.FOR SEDIMENT/EROSION CONTROL JACK JOHNSON PONDS GRADING FOR SITE LEVELLING AND ' GRD95-00033 CREATING TWO LARGE DRAINAGE JACK JOHNSON RETENTION PONDS. PAR2000-00025 Johnson Bros JOHNSON BROS PAR2002-00017 120 sq ft shed and 1440 sq ft greenhouse CHERYL CLARK PAR2002-00094 Port of Allyn c/o Neil Amondson 62,375 sf PORT OF ALLYN ' 705 Second Avenue Suite 710 • Seattle WA 98104 • Telepphone:(206)624-6239 • Fax:(206)625-0930 • E-Mail:admin@rwta.com •: • Rezone criteria Parcel 123213400030 9/1112008 14 of 16 warehouse building,Occupancy F-2,type of structure will be concrete and steel. PAR2004-00038 BUILD STEEL BLDG AND WAREHOUSE,SHOP STEVE JOHNSON STORAGE,OFFICE PAR2008-00033 INDUSTRIAL SITE-7 potential sites S&J JOHNSON RLC94-00950 Fill JACK JOHNSON tJack&Steve Johnson(Corbitt Commercial): This SEPA is for the conversion of a 10ac parcel from form DNR Forestry classification to a commercial ' SEP2005-00005 site.A building permit has already been issued.The STEVE JOHNSON site has several slopes nearing 40%and the clearing will proceed in accordance with a geo-technical assessment prepared by Harold Parks. Approximately 30,000 cubic yards of native material will be graded to create the access road,building SEP2008-00030 pads,&storm control facilities.All excavated S&J JOHNSON material will be in corporate into the site,no import or export of materials is planned SEP94-00087 PLACEMENT OF 50,000 CY OF FILL(SOIL) JACK JOHNSON PLACEMENT OF 50,000 CUBIC YARDS OF FILL SEP94-00094 MATERIAL AND ASSOCIATED COMPACTION JACK JOHNSON AND GRADING GRADING FOR SITE LEVELLING AND CREATING TWO LARGE DRAINAGE RETENTION PONDS;220,000 CU. YDS. PROPOSED FOR GRADING(170,000 CU.YDS. SEP95-00200 REGRADED WITHIN PROPERTY JACK JOHNSON BOUNDARIES,50,000 CU.YDS.BROUGHT IN FROM BORROW SITE);WIDEN STATE HIGHWAY APPROACH;AND ESTABLISH ONE ENTRANCE TO SITE OF FUTURE DEVELOPMENT OR SUBDIVISION. CONSTRUCT A 180 FOOT MONOPOLE COMMERCIAL COMMUNICATION TOWER;A SEP96-00206 THREE SIDED MOUNTING PLATFORM WILL JACK JOHNSON BE PLACED AT TOP WITH EACH SIDE HAVING FOUR 64 INCH ANTENNAS ' ATTACHED. SWG2008-00071 - COMMERCIAL SYSTEM S&J JOHNSON ' 705 Second Avenue Suite 710 Seattle WA 98104 • Telephone:(206)624-6239 Fax:(206)625-0930 • E-Mail:admin@rwta.com •: • Rezone criteria Parcel 123213400030 9/Il/200$ 15 of 16 Mason County Map ,tom,UM ,»,�1mm 1 uatwMnr„' �bt! . ,tom 1L�ifMp� itsa.nr�a _, ttaattsww tmittw�a� A II u, ' 4. 05 S Qt.dia vt arcel 1 3Z�/31400030eattle WA 98104 Teley�9%Oq06)624-6239 Fax:(206)625-0930 E-Mail:admiF�+)r�v�t�.com •: Corbit Rezone Criteria/Clerical Error Mason County Rezone Criteria 17.05.080 1.) Development allowed by the proposed rezone will cause no damage or endangerment to adjacent properties or property owners. Proposed rezone is similar to all current uses,activities, and infrastructure on the property and will constitute no changes; but rather an expansion and continuation of the properties uses. 2.) The proposed rezone to General Commercial and Business Industrial is a use fitting with the Belfair UGA.The property adjoins property currently under these zoning guidelines.The property and the adjoining properties are currently used by activities and structures applicable to the General Commercial and Business Industrial zoning.The subject parcel is in fact a contiguous parcel bisected by the Puget Sound Pacific Railroad with the portion in question currently designated as R-5 Medium Density Residential and a portion designated as General Commercial and Business Industrial.The proposed rezone and use will better make use of the property than the R-5 use stipulated in the Belfair UGA.The parcel has been developed and designed with engineering and infrastructure to support industrial uses. Residential uses of the parcel are not the most viable use of the property due to topography,access,and available utilities.The parcel is currently being used for General Commercial and Business Industrial with a 9,000 s.f.metal building and R-5 is not the best zoning designation for this existing use. 3.) The rezone of this portion of the property would not cause a material increase in low density development. Due to the access and topography issues mentioned above the proposed rezone and build out of the parcel is intended to maximize the use of the property while conforming to adjoining zoning guidelines. 4.) The proposed rezoning designation is not a more intensive land use; but is in fact a logical rezoning due to access,street design,fire access,and public services and would not increase demands on urban services. 5.) As stated in#3&#4 above the proposed rezoning is in keeping with the Belfair UGA/Growth Management Act and is a proposal designed to make the most reasonable and compliant use of the property. 6.) The proposed rezoning and project scope are in keeping with the Belfair UGA/Growth Management Act for the preservation of open/undeveloped space. 7.) It would not be expected that the rezoning of a portion of this parcel would create pressure for the rezoning of adjacent properties.The rezoning of this property is an appropriate change with no negative impact to adjoining or local properties. 8.) The proposed rezone to General Commercial and Business Industrial for a portion of this property is intended to address topography and access issues which were likely not anticipated upon the parcels initial zoning and could be considered a clerical error. 09/11/08 Analysis By: R.W.Thorpe&Associates Subject: Rezone DDR2008-00133 Mason County Belfair Urban Growth Area Plan(BUGA) Comprehensive Plan—Future Land Use Figure 18. GC Land Use Designation. Parcel.#123213400030—Segments A &B =` Owner. S& JJohnson LLC M Parcel.#123219"9999— "C" AE Q` Burlington Northern RR B Right of Way C Overview This rezone address the rare occurrence where one parcel gr"" in unified ownership is divided in terms of the provision of zoning classifications,assigned in part light industrial w and in part residential zoning. Such zoning is highly disfavored,as it creates unpredictability, is difficult to administer&is often unfair. The standard approach by municipalities is to zone"to property lines"and not bifurcate parcels. The rezone request is being submitted for approval to cure an obvious mapping error,which creates inconsistencies between existing development regulations and Comprehensive Plan policies. There are also significant site constraints which preclude meaningful development of the portion of property zoned residential,including topography and access." For ease of discussion one portion of the unified parcel is referred to as segment"A"and one portion as segment`B"(see diagram). The railroad right-of-way,identified as"C"crosses the parcel. Entrance for the entire parcel is from State Route 3 (SR 3). Access to segment"A"can only occur though segment`B";there is no other route. With the adoption of the Belfair Urban Growth Area Plan in 2002-2003. Segment"A"was zoned residential R-5 and segment`B"was zoned GC-BI. Historical/ Established Use of the Site: Rezone criteria Parcel 123213400030 911112008 1 of 16 From the mid 1990's through 2003 during the adoption of the Belfair Urban Growth Area Plan,and currently the entire site has been used as an industrial site. At the expense and sustained efforts of/by the owner,the land entitlements were obtained to develop the site for the industrial use from the federal government, state and the county: ➢ The private rail-road crossing obtained from the U.S. Government for traffic and utilities was obtained by and at the expense of the owner.The 5 year process culminated in the granting of the access for"Industrial Use"only. ➢ The owner obtained the permits and installed the left turn lanes from SR-3 onto the site, per Washington State Department of Transportation direction and supervision for industrial traffic entering and leaving the site. ➢ Mason County permitted the construction of a 9,000 square shop,located on the"A" segment as an"industrial use." ➢ The entire site—A&B has been used to store soil, crushed rock and various manufacturing components,in addition to the operation of a batch concrete plant. Access through segment"B" exposes any crossing traffic to the industrial use—construction products processing site/Cement Plant. In addition segment"A"contains the light industrial building permitted by Mason County for heavy equipment servicing and repair. Segment"A"drops off fairly sharply to the west,with no access available to the existing development or western portion of the site. At the time of the adoption of the Belfair Urban Growth Area Plan it is believed by the owner that this zoning anomaly occurred as a mapping error. And that the team of MAKERS Architects-and Urban lead consultant,a arentl did not understand that access to the west portion of the parcel was Design, aapparently p though segment`B". Had they been able to visit the site it would be apparent that R-5 is a inappropriate mapping designation. In reviewing the situation a"rezone application"was submitted to formally enter a written justification for the entire site to retain the GC-BI designation. The following provides a discussion of these factors. Response to 17.05.080 Rezone Criteria (a)Rezone Criteria.The county shall review a rezone proposal and enter written finding for the following criteria: (1)Development allowed by the proposed rezone designation shall not damage public health, safety and welfare. The proposed rezone area is typical of the use which now occupies the site. The division of the parcel into two zoning classification renders segment"A" a residential area.Retaining the R-5 zoning of the western segment would force neighborhood traffic though the % of the site which is used for manufacturing;with heaving equipment, rock and gravel storage, a Cement Plant, and soils processing. Development of the entire parcel at GC-BI would keep this from occurring and it would improve public safety and welfare because residential traffic would not Rezone criteria Parcel 123213400030 911112008 2 of 16 be forced to maneuver a private crossing of the railway or obtain another crossing entitlement. Access from the east is contrary to the planning principle of"not permitting access to a single family zone through an industrial use zone. (2)The rezone designation shall be consistent with the Mason County comprehensive plan, development regulations and other county ordinance,and with the Growth Management Act; and that designation shall match the characteristics of the area to be rezoned better than any other zone designation; The current industrial use of the site is to continue on segment`'B"under the adopted UGA and is consistent with the Mason County comprehensive plan. The industrial building which is on segment"A"was permitted by Manson County building officials as a conforming use. Whereas these facts are matters of record demonstrated by the permits and the official Mason County Land Use Map, they are consistent with county ordinances,the comprehensive plan and the UGA of Growth Management. (3)No rezone shall be approved if, either by itself or together with other rezoning and/or development,whether actual or potential,the cumulative impacts of such zoning would be to materially increase sprawling,low density rural development,or to significantly increase uses incompatible with resource-based use in the vicinity; There would be not material increase in sprawling, low density rural development with the correction of the mapping error/rezone. GC-BI zoning represents a more intensive use of the site. The current uses (nursery/cell tower/shop/house-storage/office)are compatible with resource-based uses in the vicinity and the cumulative impacts of zoning the entire area to GC- BI zoning will increase the number of uses that are compatible. In addition,the topography of segment"A" is compatibly linked to segment"B"; i.e.they are at the approximate elevation. Beyond the boundary of the parcel to the west, the land falls away. Here there is an elevation change of almost 80'. The parcel should have one land use zone. (4) No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development,whether actual or potential,the cumulative impacts of such zoning would be to material increase demand for urban services, in rural area, including, but not limited to streets,parking,utilities, fire protection,police and schools. The Mason County 2004 Comprehensive Plan update brought the entire site within the Urban Growth Boundary of Belfair and urban services are/were anticipated by adoption of the Belfair Subarea Plan. The rezone is consistent with the level of services that are planned for in this document. (5) No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development,whether actual or potential,the cumulative impacts of such zoning would be to materially interfere with the Growth Management Act goal to encourage development in urban areas where adequate public services and facilities exist or can be provided in an efficient manner. Rezone criteria Parcel 123213400030 911112008 3 of 16 The cumulative impacts of correcting the map error/rezone would not materially interfere with Growth Management. The BUGA plan is for twenty years(to 2020.)The net suitable land for Medium Density Residential development was calculated to be 512.2 acres (2005 update); capacity remains in undeveloped properties in Belfair which have access off of Highway 3 and other surface streets. PlrapoW Land Ws.n9919na0wns � Fd"M*ROW(FR) Vi (6)No rezone to more intensive land use c.".wcO.ti..0wccq shall be approved if, either by itself or rD:,m-WAX rw(84) together with other rezoning and/or ®vWO FW*ReMdenfid(R40) hA"Um DOM*Re No"(R-5) •t development,whether actual or potential, -' P P �SNpM Ffm7y R..�er(Ra> the cumulative impacts of such zoningT°^^ .aTw - would be to materially interfere with the Growth Management Act goal to encourage „ ..r•yr r.a.�..r a« retention of open space,to conserve fish and wildlife habitat,and generally to protect the environment,including air and waterer kf, quality; SITE According to the Mason County Assessors office 40% of the BUGA in 2004 was in Forestry,while vacant unimproved land '£"` gAwYYYw Wn r totaled 300 acres. The parks,trails and open. - ......rar OrW a~ space recommendations for downtown, and - pedestrian loops also in the BUGA will rrww ensure that open space remains. Applicable .= buffer requirements for the BI classification °` " aNr'ir�unnrea Plan can be adhered to. The map correction/ rezone will not have a negative cumulative impact on open space, fish,wildlife habitat or the environment, including air and water quality. (7)No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development,whether actual or potential,the cumulative impacts of such zoning would be to create pressure to change land use designations of other lands or to increase population growth in rural areas as projected in the Mason County comprehensive plan; The access to segment"A"through segment"B" creates a traffic issues due to the railroad bisecting the site. The reason to turn the entire site over to one zoning designation(i.e. GC-Bl ) is not an issue of land use intensity but a tragic issue specific to this parcel. Topography should preclude changing R-5 to the west and south to more intensive zoning. (8)These criteria shall not be construed to prevent corrective rezoning of land necessitated by clerical error or similar error of typography or topography committed in the original zone of such land. The parcel configuration of this property is unique. Few. if any other sites within the Urban Growth Boundary of Belfair are divided by the rail right of way; no other single parcel has been broken into two different zoning classifications particularly one with an existing Rezone criteria Parcel 123213400030 911112008 4 of 16 industrial use building permitted by Mason County on the parcel. It is our argument that this is a corrective rezoning of land due to mapping error. (b)Rezone Characteristics. The burden of proof shall be on the applicant to show through response to these criteria and information provided that the proposed rezone to more intensive land use is warranted. ■ Based on the rezone criteria(above)of 17.05.080 (a) 1 through 8 it has been demonstrated that the proposed mapping error/rezone should be granted In rural activity center and hamlets,any rural land use rezone may be appropriate provided that the criteria above are satisfied. ■ NA-The site is not rural. The parcel is within the Belfair UGA Outside of rural activity centers and hamlets, approval of rezone requests to a more intensive land use in rural areas shall not exceed five per calendar year and the total amount of acreage subject to rezoning shall not exceed fifty acres, excepts for errors in original zoning,as specified in subsection(a)(8)of this section. ■ NA -The site is not rural. The parcel is within the Belfair UGA For the purpose of this section,the numeric limit shall apply to both direct rezones for rural residential to rural commercial,rural tourist,or rural industrial,and also intervening rezones from rural residential to rural tourist,rural tourist campground,or rural natural resources with subsequent rezone requests to rural commercial or rural industrial. ■ NA -The site is not rural. The parcel is within the Belfair UGA For purposes of this section,the total acreage limit shall not include the acres of parcels rezoned to rural tourist campground or rural natural resources. Such rezones must involve small scale businesses as defined in Mason County Code Ch. 17.06.be isolated as required by RCW 36.70A.070(5)(d), and may not occur within one-half mile by road of any urban growth area,rural activity center;hamlet; or isolated rural commercial,rural tourist, or rural industrial area, or any other LSMIRD under RCW36.70A.070(5)d. ■ NA -The site is not rural. The parcel is within the Belfair UGA Rural commercial 3 zoning shall not be allowed outside of rural activity centers and hamlets. Rural natural resources,rural residential,rural tourist campground,and master planned resorts may occur anywhere in rural areas provided that the criteria above are satisfied. In the site of new rural natural resource districts, consideration must be given that current and potential future development on site will not,in combination with development on adjacent properties, create a pattern of low-density sprawling development. (Ord. 108-05 Attach. B (part),2005). ■ NA -The site is not rural. The parcel is within the Belfair UGA This concludes the rezone criteria elevation. Compatibility Matrix �d�0 � �' rei Ue� The following"Compatibility Matrix"responds to the UGA plan specific to Belfair and the policies which direct the permitting of uses in the Mason County approval process. It is our Rezone criteria Parcel 123213400030 911112008 5 of 16 conclusion that correcting this zoning anomaly/mapping error will be 90%to 95% compatible, to highly compatible with the Goals and Policies of GMA,Mason County's Comprehensive Plan and the Belfair Sub-Area Plan. Conclusion After reviewing the access issues of this parcel and the related elevation change occurring on the west boundary of the site, we trust that you will agree with our findings and retain only one land use zone for this parcel,that of GC-BI; instead of the current split of 11-5 & % at GC-BI. Thank you for the opportunity to bring this item before the staff of Mason County. We look forward to the public hearings regarding this mapping correction/rezone action. If you have any additional questions please contact me or Barbara Baker,AICP Associate—Planner Sincerely, Robert W.Thorpe, AICP President R.W. Thorpe&Associates, Inc. s 705 Second Avenue Suite 710 Seattle WA 98104 • Telephone:(206)624-6239 Fax:(206)625-0930 E-Mail:admin@rwta.com •: Rezone criteria Parcel 123213400030 Wl112008 6 of 16 o� }:t ta NE a� N FERN vv Al Z� IC u► T2 NR1 %%E Ki p County W LU c0LU x lE 0 MLY 5 E, IRELM T22NR1W N 1 inch =2,000 feet W E 1 inch =0.38 miles S 123215000020 l 123215100021 123212490040 123212400010 123212400000 123211390051 123211390052 12:3219999999 123213190023-123212490030 123213200130 1 123217500010- 123213190024� 123213190011 123213190025 123214200060 1 "123213190010 2321320 10050 123213190026 �—�--�' I E 123213190012 123213101000 123214200070 123213200040 1232131900211 123213200010 123214290082 123213200031 L123213190051 123213190 123213200051 123213101010 123213101020 Q� 123214290083 123213190052 123213190040 123214290081 123213290061 \ 123213190031 / 123213100031 123214290084 V III 1232132900 123213190060 123213190032 123213200030 123213102000 123214200090 123219999999 123213190034 123213190033 123213400010 A,o c ( T( 123214300000 123213400030 123213300000 NE p6 ,123214300010 T 3NR1W .- 123213300020 123219999999 23214300130 /+�C1+23213400030 v �~ ---�� 123213490060 123213490080 5 1 123214360100 123219999999 1 j 12321 90070 123213490050 123214300110 123213300000""l _ + 1232821900301 123214300120 123213300010 123213490020� 123213400000 123282190040 123214300130 123282190010 123282190040 123282200040 123282190030" 123282290053 123282190010� 123282100020 123282290051 123289999999 123282100000 123282290052 123280060000 123280003000 123282100000 123282203010 N 1 inch =400 feet W E 1 inch =0.08 miles S Mason County Map Output Page Page 1 of 1 Mason County Ma i 11 M , w y 3 DISCLAIMER AND LIMITATION OF LIABILITY: The data used to make this map have been tested for accuracy,and every effort has been made to ensure that these data are timely,accurate and reliable.However,Mason County LEGEND makes no guarantee or warranty to its accuracy as to labeling,dimensions,or placement or location of any map features contained herein.The boundaries depicted by these data are f3oads Federal Land$ approximate,and are not necessarily accurate to surveying or engineering standards,and are intended for informational purposes only.Mason County does not assume any legal liability Highways City of Shelton or responsibility arising from the use of this map in a manner not intended by Mason County. In no event shall Mason County be liable for direct,indirect,incidental,consequential, - Rivers 8 Streams (� County Boundary{t)NR) special,or tort damages of any kind,including,but not limited to,loss of anticipated profits Parcels Commissioner Drstncts or benefits arising from use of or reliance on the information contained herein Sections Lakes ®2a)6-Mason County 415 N.Sixth Street Townships Puget Sound 8 Malor Lakes Shelton,WA 98584 http://mapmason.co.mason.w&us/servlet/com.esri.esrimap.Esrimap?ServiceName=amason... 6/30/2008 FT:T3-213196651 1232131900�0 /123214290083,ryo 123213200010 123213101010 123214200070 \ 123213190052 123213101020 12321319004C 0 123213200031 , M w 0 C. o ao 123213190031 123213100031 ~` 23213190060 123213190032 N 1 123213190034 23213200030 �� N ., 123213102000 .123214200090 �o `123213190033 wo 0 o 00 ' w 3pp C. 123219999999 123213400010 N 123213400030 - NE POA , 123214300010 JS� T23 NR1W u 3 QomCo `' N : :, 20 ,123213300020 123213400030 123214360100 123219999999 123213490060' wo 123213490080 oe �60 123214300110 123213490070 123213490050 0 wo N 123218888888 0 123214300120 1213213300010 123282190030 � 123213400000 123213490020 ! N 123282190040 123282190010 023280060000 123282200040 123282190040' 123282190030 ' 340 123282290053 123282190010 1232821100020 360 w 123289999999 123282100000, S. 123280003000 123280060000 o 123282290051 N ti°o 123282100000 �, 1110 0 N 1 inch =300 feet W E 1 inch =0.06 miles S '1 2321 31 90032 Co, 123213190060� 123213190033 123213190034 0�,+ _ 123213102000 123214200090 a �o ► 4 .., 3 Aw k " 123213400010 s + 0,.W NE p $oCN t� 123213400030 ' . c \�123214300010 ' ,f ` 12,3219999999 123213300020 `�� ?� h 123213400030 ` 123214300110 " 123213490060 123213490080 .r 123219999999 123213490070 123213490050 123214300120 123218888888 1232821900101232100000 I' 123213490020 123282190030 123282190040IT a + q, 0 123280060000, 320 a 12328219004 123282200040 123282190030 123282100020 123282190010 123289999999 123282100000 123280060000 123280003000 123282290051 123282100000 N 1 inch =200 feet W E 1 inch =0.04 miles S Mason County List of Adjacent Property Owners 300'—Corbit Shop A) Test TRS,C/O Gordon McKnight, 19524 Road 1 SE,Warden,WA 98857-9741 B) Arlene&James Evans,574 NE Newkirk RD, Belfair,WA 98528-9606 C) David&Carol Wood, P.O. Box 2613, Belfair,WA 98528-2613 D) Gary Walter,520 NE Beck RD, Belfair,WA 98528-9471 E) Gary Walter,520 NE Beck RD, Belfair,WA 98528-9471 F) Larry&Pat Gifford, P.O. Box 164, Belfair,WA 98528-0164 G) S&J Johnson, LLC,P.O. Box 488, Belfair,WA 98528-0488 H) Bill&Cameon Geyer, P.O. Box 1321, Belfair,WA 98528-1321 1) Bill&Cameon Geyer, P.O. Box 1321, Belfair,WA 98528-1321 J) Bill&Cameon Geyer, P.O. Box 1321, Belfair,WA 98528-1321 K) Cynthia Williams, P.O. Box 3026, Belfair,WA 98528-3026 L) Easement M) Eino&Bonnie Kuki,9412 2581h Ave. E, Buckley,WA 98321-9444 N) Eino&Bonnie Kuki,9412 258th Ave. E, Buckley,WA 98321-9444 0) Eino& Bonnie Kuki,9412 258th Ave. E, Buckley,WA 98321-9444 P) Eino&Bonnie Kuki,9412 258th Ave. E, Buckley,WA 98321-9444 Q) Overton&Associates, P.O. Box 2453,Olympia,WA 98507-2453 R) Overton&Associates, P.O. Box 2453,Olympia,WA 98507-2453 S) Winford Ashe, LLC, P.O. Box 1299, Belfair,WA 98528-1299 T) Winford Ashe, LLC, P.O. Box 1299, Belfair,WA 98528-1299 U) Michael&Lisa Eddy, P.O. Box 2940, Belfair,WA 98528-2940 V) State of WA, Dept.of Transportation Lands Division, P.O. Box 47440,Olympia,WA 98504-7440 W) S& L Johnson, LLC, P.O. Box 488, Belfair,WA 98528-0488 Mason County Map Output Page Page 1 of 1 Mason County Ma 3 c t W 2 1 t 1 C. pt� Ole M 4 N � � 1 k � N 0 P F' i o mrt DISCLAIMER AND LIMITATION OF LIABILITY: The data used to make this map have been tested for accuracy,and every effort has been made to ensure that these data are timely,accurate and reliable.However,Mason County LEGEND makes no guarantee or warranty to its accuracy as to labeling,dimensions,or placement or location of any map features contained herein.The boundaries depicted by these data are p0815 Federal lands approximate,and are not necessarily accurate to surveying or engineering standards,and are intended for informational purposes only.Mason County does not assume any legal liability Highways City of Shelton or responsibility arising from the use of this map in a manner not intended by Mason County. In no event shall Mason County be liable for direct,indirect,incidental,consequential, Rivers$-streams Comfy tlo.ndwy(DNP) special,or tort damages of any kind,including,but not limited to,loss of anticipated profits parcels Commissioner Dstnrts or benefits arising from use of or reliance on the information contained herein :erections lakes ®200ti-Mason County 415 N.Sixth Street Townships S Puget Sound&Mai4�r L des Shelton,WA 98584 hq://mapmason.co.mason.wa.us/servlet/com.esri.esrimap.Esrimap?ServiceName=amason... 6/24/2008 NOTICE OF APPLICATION FOR AMENDMENT TO THE MASON COUNTY COMPREHENSIVE PLAN AND REQUEST FOR REZONE(CASE 08-06) Notice is hereby given that the applicants, S &J Johnson,L.L.C., have filed an application for a request to rezone the west portion of one parcel,9.60 acres in size and noted below, within Belfair UGA from R5 zone to GC-BI zone. The applicant does have plans for future development of the property at this time. Site address and Project Location: Adjacent to the west of 120 NE Peninsula Pl., Belfair, WA. Parcel No: 12321-34-00030. A complete legal description available at the County office listed below. Date of Application: June 2008. The proposed amendment to the Mason County Comprehensive Plan and Request for Rezone is subject to the public review process under the Mason County Development Code, Section 15.09.060. This application is evaluated under the standards of the Mason County Development Regulations Section 1.05.080,Rezone Criteria. On Monday September 29, 2008, a public hearing by the Mason County Planning Advisory Commission was held on this request and a motion to recommend approval of the request was adopted by the Planning Advisory Commission. Therefore, a PUBLIC HEARING on this request will be held by the Mason County Board of Commissioners on Tuesday November 18. 2008 at 9:30 a.m. in the County Commissioners Chambers, Bldg. 1, 411 N. 5t Street, Shelton, WA. The decision to approve or deny this request will be made at this public hearing. If special accommodations are needed,please contact the Planning Department at (360)427-9670 ext. 365. Comments or questions on this request or the public review process may be sent to Allan Borden,Department of Community Development,P.O. Box 279, Shelton WA 98584, or (360)427-9670 ext. 365. Notice of Application 2008.doc Arlan Borden - Re: Johnson rezone and forest conversion in Belfair UGA 1 From: Michael MacSems To: Borden,Allan; Peggy, Ken and Date: 10/7/2008 9:21 am Subject: Re:Johnson rezone and forestry conversion in Belfair UGA CC: Sheldon,Tim Ken, If this is the property that I am thinking of,they logged it under a Class IV General two or three years ago. A Class IV G is a conversion permit.This would property is just west of the RR track and the Johnson dirt works(or what ever it is). Hope this; helps. Michael Michael MacSems Subdivision& FPA Reviewer Mason County DCD 360-427-9670 ext.571 >>>"Ken and Peggy"<dukeofahctc.com> 10/7/2008 7:32 AM >>> I attended the Planning Advisory Commission meeting last week regarding the rezone and testified. I feel that a moratorium should have been placed on this property after it was logged, Not only does it affect storm water retention it should have had some sort of public process regarding conversions. Rezoning this property so soon after it was logged does not give the land time to recover. I attended a stormwater meeting last evening at which several County Staff attended. Charlie Butros, Emmet Dobey,and Barb Adkins. I asked the question about moratoriums and was told it was 6 years. Again can you tell me why this property wasn't subject to a moratorium? I intend to testify at the Commissioners meeting regarding this rezone. thank you Ken Re .... ...,_ . ,... ., ._ . ... Allan Borden - request � From: "Ken and Peggy"<dukeof@hctc.com> To: "Allan Borden"<Ahb@co.mason.wa.us> Date: 9/30/2008 5:02 am Subject: Re: request I cant believe what happened last night and what was said. Mr.Johnson, Tim Wing, and Bob Fink were at the meeting of the sub area planning committee when that property was originally zoned R-5 and raised no concerns. I think the developers were trying to figure a way to convert the piece of forested land from a forestry designation to industrial-commercial with no taxes or penalties and no moratoriums.How much timber was removed from that property? Google Earth still shows it as a substantial stand of trees. How can they constantly get these things done just prior to the County adopting ordinances and sub area plans.Why wasn't it left in a forestry or open space designation? How much open space is required in the UGA? Did any of the planning commission disclose that they had business dealings with the Johnsons or set on the subarea planning committee? Please place my written comments I submitted yesterday into the rezone record so the County Commissioners can read before their decision. thanks for the job you do, its pretty thank less!. best Ken. -----Original Message----- From: "Allan Borden"<Ahb@co.mason.wa.us> To: "Kan and Peggy"<dukeof@hctc.com> Sent: Friday, September 26,2008 10:14 AM _ Subject: Re: request Ken: Michael'MacSems is not in the office today, and he was the staff to review the request back in Feb. 2005. My initial look into the case from notes under the FPA case is: site is 8.90 ac. in the Belfair UGA; proposal was a conversion to industrial undertaken by a Class IV General permit;a geologic assessment and stormwater plan were reviewed by MC Public Works; no development moratorium was added to the permit; and the permit was issued by WA DNR. This review preceded the county's forest practice reviews adopted by ordinance in Dec.2005. Michael might give you further insight on the case when he returns to work on Monday 9/29. Allan Borden >>>"Ken and Peggy"<dukeof@hctc.com>9/26/2008 6:40 am >>> Allan,was there a 6 year development moratorium placed on that parcel when it was logged? thanks Ken -----Original Message----- From: "Ken and Peggy"<dukeof@hctc.com> To:"Allan Borden"<Ahb@co.mason.wa.us> Sent:Tuesday, September 23, 2008 7:39 PM Subject: Re: request >thanks Allan I received. Jack Johnson was on that committee so I find it >very interesting that they say it is a mapping error. Brian Peterson was >the Commissioner appointed co-chair of that committee. I would like to >see his comments if he submits any. There were quite a few other folks on >that committee. thanks again. Allan Borden - Re: request 2J >-----Original Message----- > From: "Allan Borden" <Ahb@co.mason.wa.us> >To: "Ken and Peggy"<dukeof@hctc.com> >Sent: Monday, September 22, 2008 9:17 AM >Subject: Re: request >Ken: > In response to your early Sat. morning message, I believe that I mailed >the staff report with the application &responses to your address on >Thurs. morning 9/18, or it may have gone out on Fri. 9/19 at the latest. > I thought that you should receive a copy as soon as I had it available. I >also mailed out a copy to Dr. Brian Petersen for his comment, since he was >the chairperson for the UGA plan committee. >Allan Borden > Planner- Long Range&Site Inspection >P.O. Box 279, Shelton, WA 98584 >(360)427-9670 ext.365 »»"Ken and Peggy"<dukeof@hctc.com>9/20/2008 5:16 am >>> >could you send me the applicants rezone criteria statements and well as >the Countys response to the Johnson rezone in the Belfair UGA? thanks Ken >275-3890 &W THORPE & .ASSOCIATES, INC. Seattle • Anchorage Deriver • Winthrop Planning Landscape Environmental Economics c. PRINCIPALS: ASSOCIATES Robert W.Thorpe,AICP,President Jennifer Lee,RLA Stephen Speidel,ASLA,Of Counsel Barbara Baker,AICP October 17, 2008 Mason County Planning Advisory Commission c/o Community Development- Planning Department P O Box 27 Shelton WA 98584 Reference: Johnson Rezone, DDR 2008-00133 Segment A Honorable Planning Advisory Commission Members: This proposed set of conditions that can,be developed in the form of a concomitant agreement that can be filed with the County Assessor as part of the Title of the Belfair property for approval of the Johnson Rezone, DDR 200-00133 Segment A. d I Permitted Uses The following is provided to you as a follow-up to your recommendation at the Public Hearing and your unanimous recommendation to approve the rezone to GC General Commercial Light Industrial District. The following is proposed as a concomitant agreement that would be filed as a part of the record for the Assessors Office limiting permitted uses. Uses are set forth in 17.24.120 Allowed Uses, and 17.24.140 Special Uses, as shown on the attachment. Page 25 and 26 have the majority of the permitted uses and the majority of the special uses eliminated as potential for this site,leaving as permitted uses: • Office • Art Galleries and artist studios • Vehicle parts stores • Building material sales Light manufacturing-stone, clay, glass • Light manufacturing-handcrafted products f • Localutility u'lit. system transmission lines and struct ures • Outside storage"and display • Paint and glass shops • Professional offices • Research and development • Service and repair shops Limited Wholesale Trade s attached is meant for discussion u oses"of suggested permitted This list with deletions P 1P 8g uses. ••r 705 Second Avenue Suite 710•Seattle WA 99104•Telephone,206/624-6239•Fax:(206)625-0930•E-Mail:rwta@rwta.com rr October 17,2008 Page 2 of 2 Mason County Planning Advisory Commission Reference: Johnson Rezone, DDR 2008-00133 Segment A Our understanding of the Planning Commission motion was that should the Johnson's or F successors in ownership desire other uses, they would come before the planning commission to have those added as allowed or special uses. f' G Second Issue—Buffer Zone. pp C A reading of the industrial standards for commercial/industrial bulk setback and landscaping standards in 17.24.150 indicates a 30' buffer zone around this type of use. It is therefore consistent with our understanding of the Commission's action that future site plan approval would provide for that 30' buffer of landscape areas would be required at the perimeter of the subject property,particularly on the south and west. This would prevent vehicle access from single family neighborhoods to the north and the south, located west of the railroad tracks. This area would be assumed to be replanted with evergreen trees, and with appropriate understory for screening from the adjacent properties. In terms of setbacks, an additional 20' to 25' could be utilized for graded slopes for site development, septic, storm water, bioswales, etc. We greatly appreciate the level of Hearing preparation and analysis the Planning Commission gave this matter,the research and the materials provided both by the Applicant and Staff. We believe this is consistent with the Growth Management Act and the County criteria for this type of rezone and the consistency with your Comprehensive Plan and other regulations. We thank you for your decision in this matter. We look forward to completing this process with inclusion of the suggestions, concomitant conditions on the rezone for Planning Commission recommendation to the County Board of Commissioners. Respectfully submitted; R. W. Thorpe& Associates, Inc. L ' Robert W. Tho e, AIC President cc: Steve&Jack Johnson Dennis Reynolds, Attorney i i i ❖ 705 Second Avenue Suite 710•Seattle WA 98104•Telephone:206/624-6239•Fax:(206)625-0930•E-Mail:nvta@rwta.com •: •.��I __ .. ......Illrrllllrlli-1 �� III�III�IArI Chapter 17.24 COMMERCIAL AND INDUSTRIAL DISTRICTS IN THE BELFAIR UGA 17.24.100 "GC"—GENERAL COMMERCIAL DISTRICT Sections: 17.24.110 Purpose:Tile primary purpose of this district is to provide areas that offer a wide range of consumer goods and services for Belfair UGA residents,regional residents,and the traveling public.It is further intended to group buildings and business establishments in a manner that creates convenient, attractive and safe development. Design standards promote safe vehicular and pedestrian access between properties.The district also provides standards intended add visual interest in the developments. Landscaping standards are provided to add visual interest and mitigate the impacts of parking lots on the SR-3 corridor,other streets,and the visual environment within the development. Building heights are limited to three stories.All business shall be conducted within enclosed buildings,except for approved outdoor storage,display,food vendors,and dining areas. 17.24.120 Allowed uses: Uses with a total building size under 50,000 square feet shall be allowed in the GC District as follows: . oholie beverage setles,perekage stores and wine shops -a4 A"tiq # w *pp}iersee-and-eo s. Art Galleries and artist studios .and etaft supplies, F Vehicle parts stores with s• Bars-and%+er"s-olkter-tlterrthese-e Book-Aerei— Building material sales Ghttrehes —— -Eletleir►g-sales aid-reams-md-shoe*ffes— TATFlorists eral parler ' Greeafy 0teres— ffitnesrmi&aerebie-st Iie� I `Hebk�-sl�ps-- 4ebreh7- teres" 6_11It - Light manufacturing of stone,clay,and glass products including:glass,pottery and china ceramic,stone cutting and engraving Light manufacturing of handcrafted products Local utility system transmission lines and structures 'L'VCR. .S[[27L77T'� rlltls-trlellidtl lg-p1 A BELFAIR UGA ZONING CODE—Title 17 Mason County Code Page 25 0410812008 stores,Stasie Outside storage and display Phanneteies,di t Printing,publishing and repreduetion s iviees Professional offices �'a , --Reeyeiing-eente" Rvntaiend4easing Servieesvehicle.,funkitttre-end-tools- Research,development and testing services Retail ases not otherwise-Res�anrar►�s;safes-and�'ods— ed-- Service and repair shops for appliances,small equipment and automobiles -seeend-hands Stationary and effies supply stores -Theete",16.0-stager i e. Wholesale Trade Uses i 17.24.140 Special uses:The following uses,subject to applicable licensing and development regulations,shall be allowed only with approval of a conditional use permit.Consideration shall be given to the purpose and development standards of the district including any adopted design standards or guidelines. Light Manufacturing Utility buildings and structures except transmission lines and structures si#e-ase Ptr- ate heels--�• I nspertmien depot Skating!inks- All uses permitted in the Business-Industrial District provided the following conditions are met: • Site is identified as a"General Commercial—Business Industrial Overlay"on the j Official Zoning Map for the Belfair UGA. • Development must comply with all bulk and dimensional and design standards and guidelines of Chapter 17.24,Business Industrial District. All uses listed as allowed(17.24.120)where the building exceed 50,000 square feet. -resider &,-wheels- d-ch= 17.24.150 Bulk and dimensional standards: Density: The maximum density shall be dictated by the applicable height limit,parking requirements,design guidelines,site constraints,and market conditions. Intensity: No requirements. Min. Lot Area:None. Lot Dimensions:None BELFAIR UGA ZONING CODE—Title 17 Mason County Code Page 26 04;oa1znos NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a public hearing at the Mason County Courthouse Building I, Commission Chambers,411 North Fifth Street, Shelton,WA 98584 on Tuesday,November 18,2008 at 9:30 a.m. SAID HEARING will be to review Rezone Request No. 08-06, submitted by Steve and Jack Johnson L.L.C., for the west portion of one parcel (9.60 acres in size) in the Belfair Urban Growth Area [Parcel No. 12321-34-00030],to change the zone designation from Residential 5 zone to General Commercial/Business Industrial zone; the location of the request is 120 NE Peninsula Pl. off State Route 3 in Belfair, WA. If you have questions on the contents of the proposed change in zoning, contact Allan Borden (360) 427-9670, Ext. 365. If special accommodations are needed, contact the Commissioners'office,427-9670, Ext. 419. DATED this 21 st day of October, 2008. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Rebecca S. Rogers, Clerk of the Board cc: Journal -Publ 2t: 10/30/08 & 11/06/08 Planning (Bill: Planning—PO Box 279, Shelton,WA 98584) 08-06 Johnson rezone bcc summary.doc ADDITIONAL COMMENTS RECEIVED AFTER THE P.A.C. MEETING Robert Thorp forwarded by letter a set of conditions that could be added to the title of the subject portion of parcel if the requested rezone is approved. The conditions included a list of permitted land uses under the General Commercial — Business Industrial zone and his understanding that a 30-foot perimeter buffer and 20- to 25-foot setback (in areas of graded slope) would be applied on this portion of the parcel. Ken Van Buskirk e-mail expressed concerns with stormwater, noise, and odors from the subject parcel, both from the existing industrial site and from additional proposed development; stormwater cannot be infiltrated on-site and could be a pollutant to the aquifer recharge areas downhill to the west. He also stated that no clerical or map error was made because the applicant was a member of the Belfair subarea planning group which reviewed area topography and open space as they considered zone designations a year before the subarea plan was approved. He also felt that any further action should be deferred until stormwater concerns are addressed. Constance Ibsen e-mail commented that a rezone approval would be considered"spot zoning"and in conflict with the Growth Management Act. She said that a reasonable person can see on the Belfair UGA zoning map that the railroad tracks along the ridge is a logical divide of land uses and that no mapping error was made. i I a 1 I i 3 1 i w �l w ti �i t73"1 11 - _ '• i r _ l 4 Ir ii yfn; 'xz , f - Nir ri r, A Est i"` icy J v Q A L n 2 CD CD & v N $ _ w m �o d&mod 4 0 3 a p O (f} ry Z g �° A ff N o w p'm US!co a� ° e CD DN EF 3 Cf) ov 3 s b � a Q ir p!R or PM ' ' Lr .,3 ;' �r' ..� ram"' �, •_tip a A!' � �� ,. .,r, .',� ^�' ,4 ref "5 ,"A-�'� ' t.�H. �+, �►:k 1 �• � "rfi �;;,� t �, � fir- �a • � If #,r ld rip 4 1p 46 ,t�' �.• y �,�I"'1 t -. '�t �J� y' t +( -yam S=� ._•^ .1 .� � • �i "t r ►R .r+ 46 J f a F`AL t r '• � '. f d y F ft �' w 36 IL 41 ��yr�A� +�R� r�.�• jr { r�. !. r �6 ti 4 • 04°E, lit 1 .ell e - 1 Johnson/Corbit Contract Rezone—Limited Uses 17.24.100"GC"General and Commercial 17.24.020 Allowed uses. Uses with a total building size under fifty thousand square feet shall be allowed in the GC district as follows: �� , Appliance and communication equipment repair shops and/or sales; ; sales;Baker-ies,with en site $'eyel Reek Stems; Building fnater-ial sales; Comes; BeWeatessens; ; Fler-ists; Feed speeialty shops, ineludifigi baked geeds,meats,health f8eds,eEffidiOS-, GFeeery-steres; Gy+es;fitness except small—for employees) Hatei /Motels rxvcvr�rireveorr, plumbing,lighting, , &4Fir-d;A,Rr-Agt �s; , H I.aundfofflats; , ; Light manufacturing of equipment manufacturing; Local utility system transmission lines and structures; r ee,......M... Outside storage and display; Paint and glass shops; Professional offices; , Rad-ie-ate ; Reeyeling eeaters-, ; Research,development and testing services; SUMS; Retail uses not etheplvise 1;—F1fffe&; Service and repair shops€ef:applianees,small equipment and automobiles; stores;Mer-es and pawn shops; Statienafy and effies supply TheateFS, iiVe Mfte, Vehiele (Ord. 133-04 Att. B §2(part),2004) AMW Dennis D. Reynolds Law Office 200 Winslow Way W.Suite 380 Bainbridge Island.WA 98110 Land Use•Fisheries Lary•Environmental Law•Business law•Indian Law•Real Estate 206 M.6777 2A6 M.""fax ww ddrlawcom November 17,2008 By Email(rwtana.rwta.com)and U.S. Mail R.W. Thorpe&Associates, Inc. 705 Second Avenue,#710 Seattle,WA 98104 Re: Johnson Rezone Dear Robert: You have asked that I provide legal support for Jack and Steve Johnson, LLC's rezone pending with Mason County. The parcel subject to the rezone is located within Belfair Urban Growth Area. The proposal is to change the zoning to General Commercial-Business Industrial. Specifically, you suggest that a set of conditions offered to support the rezone to set out in a concomitant agreement. I have reviewed this approach, and concur it is sound and consistent with Washington land use law. Washington courts have long recognized the validity and enforceability of concomitant agreements between property owners and local jurisdictions in connection with zoning approvals or amendments. See, e.g., State ex rel.Myhre v City of Spokane, 70 Wn.2d 207,215,422 P.2d 790(1967)(validity of concomitant zoning agreement between City and property owner upheld); City of Redmond a Kezner, 10 Wn.App. 332,337-38,517 P.2d 625(1973)(court granted City's request for specific performance of concomitant agreement against property owner). According to one of the state's earliest decisions on these types of public-private agreements, "concomitant agreements should be declared invalid only if it can be shown that there was no valid reason for a change[from the otherwise applicable zoning]and that they are clearly arbitrary and unreasonable,and have no substantial relation to the public health, safety, morals,and general welfare,or the city is using the concomitant agreement for bargaining and sale to the highest bidder or solely for the benefit of private speculators." State ex rel. Myhre v City of Spokane, 70 Wn.2d at 216. (Emphasis supplied.) Later Supreme Court opinions have confirmed that in Washington: [c]oncaomitant agreements may be valid appendages to the exercise of zoning power.The indicia of validity in such agreements include: (1)The performance called for is directly related to public needs which may be expected to result from the proposed usage of the property to be rezoned. (2)Fulfillment of those needs is an appropriate function of the contracting governmental body. (3)Performance will mitigate the public burden in meeting those resulting needs by placing it more directly on the party whose property use will give rise to them (4)The agreement involves no purported relinquishment by the governing body of its discretionary zoning power. Chrobuck v Snohomish County, 78 Wn.2d 858, 889, 890-91,480 P.2d 489(1971). [6%29-7) Ii- IY - _- �..-...-.,.�___�____.-...•-•-ems, R.W.Thorpe&Associates, Inc. November 17, 2008 Page 2 Here,there is no question but that the offered Johnson Concomitant Agreement can be lawfully and validly adopted by Mason County. The concomitant agreement you suggest would further the public health, safety and welfare by imposing substantial conditions to mitigate any adverse impacts identified which might result from the use and development of the property as approved in the Ordinance granting the required rezone. Specifically,the suggested concomitant agreement is one"to neutralize any expected negative impact of the proposed property usage" and not one`which seeks to extract some collateral benefit from the property owners." Chrobuck v Snohomish County, 78 Wn.2d at 889. Therefore,the proposed concomitant agreement would be valid and legally enforceable under Washington law, in my opinion. In this regard,this is not a close question. Thank you for your attention to these comments. Please get back to me if you have additional questions. Very truly yours, DENNIS D. REYNOLDS LAW OFFICE Dennis D. Reynolds cc: Jack and Steve Johnson, LLC(via email and U.S. Mail) DDR/cr (6%M71 RCW 36.70B.170: Development agreements —Authorized. Page 1 of 1 RCW 36.7013.170 Development agreements—Authorized. (1)A local government may enter into a development agreement with a person having ownership or control of real property within its jurisdiction.A city may enter into a development agreement for real property outside its boundaries as part of a proposed annexation or a service agreement.A development agreement must set forth the development standards and other provisions that shall apply to and govern and vest the development,use,and mitigation of the development of the real property for the duration specified in the agreement.A development agreement shall be consistent with applicable development regulations adopted by a local government planning under chapter 36.70A RCW. (2)RCW 36.706.170 through 36.7013.190 and section 501,chapter 347,Laws of 1995 do not affect the validity of a contract rezone,concomitant agreement,annexation agreement,or other agreement in existence on July 23, 1995,or adopted under separate authority,that includes some or all of the development standards provided in subsection(3)of this section. (3)For the purposes of this section,"development standards"includes, but is not limited to: (a)Project elements such as permitted uses,residential densities,and nonresidential densities and intensities or building sizes; (b)The amount and payment of impact fees imposed or agreed to in accordance with any applicable provisions of state law,any reimbursement provisions,other financial contributions by the property owner,inspection fees,or dedications; (c)Mitigation measures,development conditions,and other requirements under chapter 43.21 C RCW; (d)Design standards such as maximum heights,setbacks,drainage and water quality requirements,landscaping, and other development features; (e)Affordable housing; (f)Parks and open space preservation; (g)Phasing; (h)Review procedures and standards for implementing decisions; (i)A build-out or vesting period for applicable standards;and 0)Any other appropriate development requirement or procedure. (4)The execution of a development agreement is a proper exercise of county and city police power and contract authority.A development agreement may obligate a party to fund or provide services,infrastructure,or other facilities.A development agreement shall reserve authority to impose new or different regulations to the extent required by a serious threat to public health and safety. [1995 c 347§502.] Notes: Findings—Intent—1995 c 347§§502-506: 'The legislature finds that the lack of certainty in the approval of development projects can result in a waste of public and private resources,escalate housing costs for consumers and discourage the commitment to comprehensive planning which would make maximum efficient use of resources at the least economic cost to the public.Assurance to a development project applicant that upon government approval the project may proceed in accordance with existing policies and regulations,and subject to conditions of approval,all as set forth in a development agreement,will strengthen the public planning process,encourage private participation and comprehensive planning,and reduce the economic costs of development.Further,the lack of public facilities and services is a serious impediment to development of new housing and commercial uses.Project applicants and local governments may include provisions and agreements whereby applicants are reimbursed over time for financing public facilities. It is the intent of the legislature by RCW 36.7013.170 through 36.7013.210 to allow local governments and owners and developers of real property to enter into development agreements."[1995 c 347§501.] http://apps.leg.wa.gov/RCW/default.aspx?cite=36.70B.170 1 1/21/2008 RCW 36.70B.170: Development agreements—Authorized. Page 1 of 1 RCW 36.70B.170 Development agreements—Authorized. (1)A local government may enter into a development agreement with a person having ownership or control of real property within its jurisdiction.A city may enter into a development agreement for real property outside its boundaries as part of a proposed annexation or a service agreement.A development agreement must set forth the development standards and other provisions that shall apply to and govern and vest the development,use,and mitigation of the development of the real property for the duration specified in the agreement.A development agreement shall be consistent with applicable development regulations adopted by a local government planning under chapter 36.70A RCW. (2)RCW 36.7013.170 through 36.7013.190 and section 501,chapter 347, Laws of 1995 do not affect the validity of a contract rezone,concomitant agreement,annexation agreement,or other agreement in existence on July 23, 1995,or adopted under separate authority,that includes some or all of the development standards provided in subsection(3)of this section. (3)For the purposes of this section,"development standards"includes,but is not limited to: (a)Project elements such as permitted uses,residential densities,and nonresidential densities and intensities or building sizes; (b)The amount and payment of impact fees imposed or agreed to in accordance with any applicable provisions of state law,any reimbursement provisions,other financial contributions by the property owner,inspection fees,or dedications; (c)Mitigation measures,development conditions,and other requirements under chapter 43.21 C RCW; (d)Design standards such as maximum heights,setbacks,drainage and water quality requirements,landscaping, and other development features; (e)Affordable housing; (f)Parks and open space preservation; (g)Phasing; (h)Review procedures and standards for implementing decisions; (i)A build-out or vesting period for applicable standards;and 0)Any other appropriate development requirement or procedure. (4)The execution of a development agreement is a proper exercise of county and city police power and contract authority.A development agreement may obligate a party to fund or provide services,infrastructure,or other facilities.A development agreement shall reserve authority to impose new or different regulations to the extent required by a serious threat to public health and safety. [1995 c 347§502.] Notes: Findings—Intent—1995 c 347§§502-506:'The legislature finds that the lack of certainty in the approval of development projects can result in a waste of public and private resources,escalate housing costs for consumers and discourage the commitment to comprehensive planning which would make maximum efficient use of resources at the least economic cost to the public.Assurance to a development project applicant that upon government approval the project may proceed in accordance with existing policies and regulations,and subject to conditions of approval,all as set forth in a development agreement,will strengthen the public planning process,encourage private participation and comprehensive planning,and reduce the economic costs of development.Further,the lack of public facilities and services is a serious impediment to development of new housing and commercial uses. Project applicants and local governments may include provisions and agreements whereby applicants are reimbursed over time for financing public facilities. It is the intent of the legislature by RCW 36.706.170 through 36.706.210 to allow local governments and owners and developers of real property to enter into development agreements."[1995 c 347§501.] http://apps.leg.wa.gov/RCW/default.aspx?cite=36.70B.170 11/18/2008 RCW 36.70B.180: Development agreements—Effect. Page 1 of 1 RCW 36.706.180 Development agreements—Effect. Unless amended or terminated,a development agreement is enforceable during its term by a party to the agreement.A development agreement and the development standards in the agreement govern during the term of the agreement,or for all or that part of the build-out period specified in the agreement,and may not be subject to an amendment to a zoning ordinance or development standard or regulation or a new zoning ordinance or development standard or regulation adopted after the effective date of the agreement.A permit or approval issued by the county or city after the execution of the development agreement must be consistent with the development agreement. [1995 c 347§503.] Notes: Findings--Intent—1995 c 347§§502-506:See note following RCW 36.70B.170. http://apps.leg.wa.gov/RCW/default.aspx?cite=36.70B.180 11/18/2008 RCW 36.70B.190: Development agreements—Recording—Parties and successors bou... Page 1 of 1 RCW 36.7013.190 Development agreements—Recording—Parties and successors bound. A development agreement shall be recorded with the real property records of the county in which the property is located. During the term of the development agreement,the agreement is binding on the parties and their successors,including a city that assumes jurisdiction through incorporation or annexation of the area covering the property covered by the development agreement. [1995 c 347§504.] Notes: Findings—Intent—1995 c 347§§502-506:See note following RCW 36.706.170. http://apps.leg.wa.gov/RCW/default.aspx?cite=36.70B.190 11/18/2008 RCW 36.70B.200: Development agreements—Public hearing. Page 1 of 1 RCW 36.70B.200 Development agreements—Public hearing. A county or city shall only approve a development agreement by ordinance or resolution after a public hearing.The county or city legislative body or a planning commission,hearing examiner,or other body designated by the legislative body to conduct the public hearing may conduct the hearing. If the development agreement relates to a project permit application,the provisions of chapter 36.70C RCW shall apply to the appeal of the decision on the development agreement. [1995 c 347§505.] Notes: Findings—Intent—1995 c 347§§502-506:See note following RCW 36.7013.170. http://apps.leg.wa.gov/RCW/default.aspx?cite=36.70B.200 11/18/2008 RCW 36.70B.210: Development agreements—Authority to impose fees not extended. Page 1 of 1 RCW 36.70B.210 Development agreements—Authority to impose fees not extended. Nothing in RCW 36.7013.170 through 36.7013.200 and section 501,chapter 347,Laws of 1995 is intended to authorize local governments to impose impact fees,inspection fees,or dedications or to require any other financial contributions or mitigation measures except as expressly authorized by other applicable provisions of state law. [1995 c 347§506.] Notes: Findings—Intent—1995 c 347§§502-506:See note following RCW 36.7013.170. II i i f 4 C f 4 y f f t S http://apps.leg.wa.gov/RCW/default.aspx?cite=36.70B.210 11/18/2008 ■�omti■ .._ --i■ r. ...ram _.. __ _- i ■ . agreement must be consistent with the i the development ag 1995 c 347 § 503.1 23, 1995, °T development agreement. [ includes some or all of Findings—Intent-1995 c 347§§502-506: See note following RCW t,or other agreement in existence on July rovided in subsection(3)of this pled under separate authority,that 36.7os.t7o. ent standards p a reements—Recording— m t to en g ent e development Development ment agreem ection. "development stan- 36.70B.190 A develop (3)For the purposes of this section, ro erty records of the county dudes,but is not limited to: residential Parties and successors bound. the term of the devel- dards to ermitted uses, shall be recorded with the real p P . parties project elements such as in which the property is located.burrs on the p (a) Proj agreement is binding urisdic- and nonresidential densities and intensities °T ment agreement,the ag .n a city that assumes J n o r n 'ties including covering sr � P nc co n t a de d or rs are building sizes; act fees impose . and their successo annexation of the of imp revisions of lion through incorporation or a nnent agreement. [1995 c I (b)The amount and payment applicable p the develop the property covered by revisions,other financial ded�a- I; agreed to in accordance.with any state law,any reimbursement provisions, ection fees, 347 § 504] Owner, P 502-506: See note following RC tributions by the property Findings—Intent-1995 c 347§§ lions; development conditions, and 36.70B.170. (c) Mitigation measures, agreements—Public hear- ter 43.21C RCW'heights, set- Development ag lrient other requirements under chap thall B.200 or city shall only appTove a develop me Design standards such as maximum ounty public hearing• quality requirements,landscaping, planning commis- drainage and water q t' t by ordinance or resolutionOifaepa backs, rnent features; or city legislative body the leg- and other develop ty designated by ring examiner,or other body conduct the (e)Affordable housing; reservation; to conduct the public hearing may rO ect (f)Parks and open spaceP body reement relates to a p J lementingIf the development ag ter 36.70C RCW (g)Phasing; . the provisions of chap (h) Review procedures and standards for in application, applicable standards; ply to the appeal of the decision on the development decisions; period for app 1995 c 347 § 505.1 (i)A build-out or vesting p greement. [ 5p2-506: see note following RCW and requirement Or Findings—Intent-1995 c 347§§ Any other appropriate development req 6.70g.17o. �) agreement is a uthority to ment ag ment agreements—A procedure• develop in RCW 36.70B.170 (4) The execution °and city police power and contract 36.70B.210 Development .proper exercise of county agreement may obligate a part'to impose fees not extended. ter 347,Laws Of p,development or other facilities.A through 36.70B.200 and section 501,OVernments to impose authority to impose fund or provide services,infrastructure, 1995 is intended to authorize local gor to require ment agreement shall reserve auth aired by a seri- impact fees,inspection fees,or dedications n measures except as develop lations to the extent required 502] able provisions of state new or different regu 1995 c 347 § other financial contr'ibuti other pP or g Public health and safety. [ expressly authorized by ous threat top 502_506c "The legislature finds that 506.] Finding 347 development projects can result in a 1995 c 347 § 502-506: See note following RCW Findings—. Toval of develop the lack of certainty in the app costs for consumers law.• [ Intent-1995 c 347§§ rivate resources,escalate housinlanning which would Findings— waste of public and P rehensive p 36 70B.170. and discourage the commitment to comp ] Each county efficient use of resources at thtthat upon government Plan make maximum project applicantpolicies and Permit as, staff. ( ) Ore thatP e with existing P. 36.70B.220 o u]ationS of ten thousand or m public.Assurance to a deveiooPe din accordant' having p P permit assistance approval the project may p rovat,all as set forth m courage and city 040 shall designate p An subject to conditions of blic planning process, RCW 36.70A. ercnit applicants. regulations,and hen the p and reduce the economic under R it is to assist p permit assistance opment agreement,will strengthen Planning, staff whose function ated as the p private participation and comppublic facilities and services is a employee maybe design ment.Further,the lack of p and commercial uses. costs of develop ment of new housing provisions and agree- existing P this section serious impediment to development may include p public staff. tall designated under Project applicants andlocal g 70B 17o through (2)Permit assistance s - a licants are reimburse e by RCW 36 financ�eg of real ments whereby PP shall: ennit applicants all current local facilities.It is the intent of the leg 501.] (a)Make available top policies that apply to the governments and owners 347§P dad° led p 36.70B. to allow local g reements." [ ent regulations an P provide property to enter into development agreements �i ffeCt. governor overnment shall p agreements—Effect. subject application. The local 9 uest, provide copies evelopin' ag pies thereof and, upon req publish 36.70B.180 D a development agreement is counter cop The staff shall also p reement. A to chapter 42.56 RCW• lists and Unless amended or terminated,b a arty to the ag according its term Y P and keep current one or ° regulat onstand adopted enforceable during agreement,or for all agreement and the development standards in e development agr the term of the agr eement, explanations of all local government ublic the means of agreement govern during specified in the agr ordi, policies; to the p or that part of the build-out period P amendment to a zoning (b)Establish and make known application of the may not be subject to an am obtaining the handouts and relatedinformation;and and Y ment standard or regulation Or a new zoning ulation adopted (c) provide assistance regarding, articular cases. nance Or develop ment standard or reg per or government's regulations 1n p ordinance or develop agreement. A p local g the county or city after the execution Of 75 after the effective date of the ag approval issued by zoos p' To: Alan Borden Dept. of Community Development From: John Diehl 11/25/08 17:04:28 Page 2 of 3 Advocates for Rewponsihle Development 678 Portage Road • Shelton WA - 360-426-3709 November 25, 2008 TO: Mason County Commissioners FROM: John E. Diehl RE: Proposed amendmentt to future I.uid Use Map and Rezone Request No. 08-06 On behalf of Advocates for Responsible Development.and myself, I am submitting the following comments for the hearing this evening on the proposed amendment to the future Land Use Map and Rezone Request 08-06. While we arc sympathetic to elements of the applicants' request,we oppose the amendment and rezone as presented. First, it should be recognized that this proposal is not simply for a rezone consistent with the cxrs'ting future Ladd Use Map for Bclfair CILIA. Given that zoning must be consistent with the land uses designated in the Comprehensive Plan and that the proposal is for a zoning inconsistent with the exrstmg designated land Uses,the rezone cannot properly be granted without first addressing the question of whether an amendment to the Comprehensive Plan is appropriate. 'Dine Comprehensive Plan stands in relationship to zoning much as our Constitution stands in relationship to adopted statutes. 'file Comprehensive Plan, like the Constitution, enjoys priority, and should not be anncndcd without careful consideration of the consequences,not.simply for the immediate issue,but for the longterm welfare of the community. Because approving the rezone requires anncnding the Comprehensive Plan,the County's action is sut1jectt to review by the Western Washington Growth Management clearings Board. Moreover, under RC:W 36.70A.130(2)(a), amendments are to be considered(with certain exceptions not applicable here)to no more frequently than once every year. 'file concept is for all amcndmctrts to be considered concurrently"so the cumulative effect.of the various proposals can be ascertained." RCW 36.70A.130(2)(b). Development of the parcel in question is complicated by several factors: (1)'I'hc railroad tracks running through it; (2)The proximity of existing residential development; (3)'file steepness of the terrain;and (4)'I'lnc difficulty in providing roads and utilities,particularly sewer facilities,to serve the parcel. '111c presence of the railroad tracLs militates in favor of commercial or industrial use;while the proximity of existing residential development tends to favor the existing zoning,which calls for residential development. Given the steeptless of the slope,residcntial development may be preferable, other things being equal,though any intensive development appears problematic. -1- To: Alan Borden Dept. of Community Development From: John Diehl 11/25/08 17:04:52 Page 3 of 3 The Planning Advisory Committee, apparently recognizing the difficulties in developing this parcel, has proposed, in essence, that the request he granted,but with conditions that amount to limiting the kinds of'co nmercial development allowable on the property. Although we agree with the apparent intent, we think there are better ways to address the problem. In general, we do not think that a zoning request should be granted, but then so severely hedged that the owner cannot develop in a manner similar to that allowed to other owners with the same zoning. It would he better to recognize the need (iir a zoning that allowed only a limited array of commercial and industrial enterprises, and to apply such a zoning to any area where a transition (iom residential to commercial and industrial uses is inevitable. The uses allowed in such transitional zoning should take account of the need to protect residential uses Isom excessive noise and traffic in the neighborhood. A second possibility would be to deny the request, but to invite use ol'a Master Plan fbr development ol'lhis parcel. Although Master Plans are generally supposed to deal with larger parcels or assemblages of'land,perhaps the ordinance could he amended to accommodate the kind o('planning intended fior Master Plans in situations like that lacing the Johnsons. Perhaps parcels of a more limited size could he allowed to create Master Plans if as in the present case,pre-existing conditions, such as the railroad running through the property and the sleep slopes, created special challenges to community-sensitive development. Either ol'these alternatives—to create a new zoning category more appropriately applied to transitional areas between commercial and industrial development and residential development or to invite development under a Master Plan—would he preferable to either granting the rezone and amendment to the Comprehensive Plan or granting a rezone with conditions attached that in effect deny many ol'lhe privileges ol'such zoning to the applicants. i -2- (11/24/2008) Barbara Adkins- Re: Johnson Rezone Page 1 From: Lynda Ring-Erickson To: Barbara Adkins Date: 11/24/2008 12:50 PM Subject: Re: Johnson Rezone Barb, I would like to see the agreement before I vote and I would like to have the agreement stay with the land. Lynda >>> Barbara Adkins 11/24/2008 12:32 PM >>> Commissioners - I spoke with Monty regarding a concomitant agreement between Mason County and the Johnsons. The proposed agreement would provide for additional conditions and/or restrictions on the landowner with respect to developing the property under General Commercial-Business Industrial Zoning. It was determine that it is entirely acceptable to enter into such an agreement that further restricts or conditions the landowner's use of the property. Should the Commissioners vote to approve the rezone with a concomitant agreement, there are a couple items to note: 1) There is no agreement proposed at this time outlining the applicants voluntary conditions to support the rezone. If the rezone approval is tied to the agreement, consider tabling the vote until an agreement is drafted and agreed upon. 2) If rezone is approved with the agreement, consider whether the agreement should run with the owner or the land. Having it recorded would provide that all future development of that property be subject to the same conditions. If there are other items still unclear on this case, please let me know and I'll get as much information to you as I can before tomorrow night. Thanks, Barbara 11/24/2008 BarbaramAdkins here is a draft of comments by LRE at the 11'118/2008 meeting Pale 1 From: Becky Rogers To: Barbara Adkins Date: 11/24/2008 11:44 AM Subject: here is a draft of comments by LRE at the 11/18/2008 meeting Barb, Hope this is helpful. . . I listened to the audio from the meeting on 11/18/2008 by LRE and this is what I understood her to say. Cmmr. Ring Erickson said this is an interesting project. She agreed there needs to be more industrial land and it needs to go in the UGA. They did get a fairly lengthy new document. She thought she read it over,but missed a couple of things. She would prefer to wait one week and check with the land use attorney who is not present today. They are hearing something different about this conditional,that is what she has heard a number of times over the last three years. She would like to check it out. She is not adverse to this particular land use. She has been up in the area a number of times and can see reasons for supporting this. At the same time,she would like to read all the documentation and check with the attorney. She is hearing something different than what she has heard in the past. She would like to table this for one week to catch up and get all the questions answered. Cmmr.Sheldon stated he is familiar to the area. He has worked around it for a number of years with the Economic Development Council. He appreciates the work the Johnsons have done to take advantage of the property and use it for a very compatible use. Light industrial and building materials. Because there is a building on it that was legally built,it makes sense. The railroad tracks is a big amenity for property to have rail access. He felt it is a good proposal. Mr.Thorpe asked if they could get a copy of the attorney's decision. Cmmr.Ring Erickson stated usually they don't get a written response,they walk over and ask. If they get anything in writing,she would provide that to them. There were some contentious rezones in Harstene Island. She felt that she needed to check this out. She wants to make sure she understands the issues. Cmmr. Ring Erickson/Gallagher moved and seconded to table the vote on this request by Steve and Jack Johnson L.L.C.to rezone the west portion of one parcel(9.60 ac.area)within the Belfair Urban Growth Area from Residential 5 zone to General Commercial/Business Industrial zone for one week,to November 25,2008. Motion carried unanimously. G-aye; RE-aye; S-aye. Becky Rogers Mason County Commissioners Clerk of the Board 411 N. Fifth Street Shelton,WA 98584 rsr@co.mason.wa.us 360-427-9670,Ext 422 360-427-8437 Fax www.co.mason.wa.us This e-mail may be subject to public review. (11/24/2008) Barbara Adkins- Re:Johnson Rezone Follow Up Question ... Page 1 From: Monty Cobb To: Barbara Adkins CC: Emmett Dobey Date: 11/24/2008 8:35 AM Subject: Re: Johnson Rezone Follow Up Question ... can be done either way >>> Barbara Adkins 11/23/2008 10:18 PM >>> or two... Monty-would a concomitant agreement between the landowner and the county run with the owner or the land? If it is with the owner,then I assume any future owners would not be bound by the agreement and would be entitled to take full advantage of all the land uses allowed within the new zoning district. Is there a way to tie any agreement to the deed so that if Mr.Johnson should decide to sell in the future the property's restictions would remain in place? Thanks, B Barbara A.Adkins,AICP Long Range Planning Manager Mason County Department of Community Development Post Office Box 279,Shelton,WA 98584 360/427-9670 ext.286 Email: BarbarA@co.mason.wa.us 'r i,� 08-06 Johnson rezone bcc summary.doc Nov. 18, 2008 BCC Public Hearing Staff Review of Rezone No. 08-06 APPLICANT: Steve and Jack Johnson L.L.C. PARCEL NO.: 12321-34-00030 (9.60 ac.) LOCATION: 120 NE Peninsula Pl. [Urban Growth Area] CURRENT ZONE: Belfair Urban Growth Area Residential 5 (R 5) zone PROPOSED ZONE: Belfair Urban Growth Area General Commercial — Business Industrial (GC - BI) zone. EXISTING LAND USE: non-conforming commercial building and parking area. RELEVANT INFORMATION: Adjacent Zoninq: Residential 5 zone to south and west; Residential 4 zone on the north; General Commercial — Business Industrial zone and railroad alignment on the east. Critical areas: slope of 25 to 40 percent in the west and southeast portion of parcel. Other Facts: Permit for existing building begun in December 2004 as zoning in the Belfair Urban Growth Area was approved by the County Commissioners. If new zone is approved, applicant could establish new commercial or industrial buildings on the, subject parcel. STAFF CONCLUSIONS on the review of the request meeting these rezone criteria - Criterion 1 (no damage to public health, safety and welfare) is met; based upon staff.: evaluation. Criterion 2 (consistent Comprehensive Plan designation) is not met; based upon staff_ , evaluation that the Belfair Urban Growth Area Residential 5 (R5) zone is the most consistent designation for the west portion of the subject parcel. Criterion 3 (no increase of sprawling low-density rural development or uses incompatible to resource-based land uses) is not met; based upon staff evaluation of the expansion of commercial / industrial land uses into a UGA residential area. Criterion 4 (no increase of demand for urban services in rural areas) is met; based upon staff evaluation that proposal is in Belfair UGA. Criterion 5 (does not interfere with GMA goal to encourage development in urban areas) is met; based upon staff evaluation although changing from residential to commercial / industrial land uses will increase service demands. Criterion 6 (does not interfere with GMA goal to encourage open space retention, conserve fish and wildlife habitat, and protect air and water quality) is not met; based upon staff evaluation that site development will alter existing slope critical areas and open space. Criterion 7 (no pressure to change land use designations of other lands or to cause greater than projected population increases in rural areas) is not met; based upon staff evaluation that some precedent for further rezone requests would result if approved. Criterion 8 (corrective rezone of lands) is not applicable to this request. 1 i 08-06 Johnson rezone bcc summary.doc PLANNING ADVISORY COMMISSION REVIEW .at the September 29, 2008 public hearing: COMMENTS and ISSUES RAISED AT HEARING [submitted by]: 1) Improvements already made by the applicant several years before this request: water system, power distribution, railroad crossing, traffic turn lane on state highway [applicant]. 2) Existing industrial uses on east portion cause odors, noise, and light problems; how is light industry land use defined [public]. 3) Traffic along Newkirk Rd. will be affected by this proposal and other future projects; road is now unsafe for non-residential uses [public]. 4) Stormwater control for any proposed use on this property is a concern due to the slopes towards the west [public]. 5) Site is already more industrial than residential; more residential development is not preferred as it would attract residential traffic through the industrial area [PAC]. 6) Site development for 6 to 7 commercial sites (9,000 to 10,000 sq. ft. buildings) can be planned with buffer separation, access, parking, roads and stormwater [applicant]. 7) Railroad serves as a separation of land uses (commercial industrial on east, residential on the west) [PAC]. 8) Can rezone be approved but limit potential development to certain permitted land uses (light manufacturing; vehicle parts, service and repair; or building supplies) [PAC], DISCUSSION: Several PAC member comments and issues raised are noted above. Some PAC members stated that with this rezone request, the industrial area is not expanded and granting approval would not be a precedence. Members supported the request but felt that some conditions of approval should be included_ to note a certain range of land uses that would be allowed. MOTION: The Planning Advisory Commission adopted motion (5 yes, 0 no) to recommend approval of the rezone request from Residential 5 zone to General Commercial — Business Industrial zone, with a condition to limit the range of possible land uses (such as light manufacturing; vehicle parts, service and repair; or building supplies) and expand the buffer separation area around the portion of subject parcel to a distance of 75 feet. 2 To:Alan Borden Dept. of Community Development From: John Diehl 11/25/08 17:06:02 Page 1 of 3 FACSIMILE COVER PAGE Date: 11/25/08 Time: 17:05:54 Pages: 3 To: Alan Borden Company: Dept. of Community Development Fax#: 427-8425 From: John Diehl Company: Advocates for Responsible Development Address: 678 Portage Rd. Shelton, WA 98584 USA Voice#: 426-3709 Message: Please provide copies of these comments to the commissioners at their hearing this evening. -- John Diehl Loll, 1G�/lGaVG 4VG1> Wau aavu�, - $4,824, and repair bulk- lyn- End Drive, Belfair, com- on August 30. He admitted B( head, $4,095; John Rice, Wednesday,November 19 plained about a dirt bike grabbing Faulkner by her for s 1641 East Mason Lake Drive A caller reported the racing around the lake. arms and pushing her. He 1. Books an Homes or shops? at Belfair Rezone by railroad tracks under review Words and music for i By REBECCA CARPENTER He asked: "Who wants to build able voting on the rezone, but December by the staff of Belfair. After long deliberations, the their$400,000 house on it?" was willing to wait. The board The North Mason Lib Mason County Commissioners The Mason County Planning planned to vote on the rezone Classical Guitar Music I decided unanimously to table a Advisory Commission voted 5- this week but there was no new World for adults and tee decision on a rezone request in 0 to approve the rezone, with a about that by the time the Her- December 3. the Belfair area. condition to limit the range of ald went to press. Classical guitarist M( The hearing opened Novem- possible land uses.Kenny of the Comments about this story may showcases guitar music ber 18 on a rezone request by _chamber reiterated the point be directed to reporter Rebecca Car- including Venezuela,Pe Steve and Jack Johnson and that the area in question.was penterat:rebeccawCanasoncoun- performance she will al. their Limited Liability Compa- not an ideal location for home ty.com or by calling 426-4412. ny. They have proposed rezon- builders. songs. pon ing the west portion of a 9.6- "You would not want Mom This program is acre parcel on NE Peninsula with two kids living back there, Consultants the North Mason Tmbe imbe Place within the Belfair Urban having to cross the railroad Book Babies will mee Growth Area from its current tracks," he added. He also re- to plan roads on two Wednesdays, J residential zone to one allow- minded the county commission- i program is for childrenn 1 ing general commerce,business ers that "people tend to shop n Belfair area who are accompanied by and industry. where they work." caregiver.Book Babies( Shea, Carr &Jewell of songs,rhymes, and play Consultant Robert Thorpe The North Mason Chamber and Frank Kenny, executive of Commerce is on a campaign Olympia will prepare a future of language with your b; director of the North Mason to promote shopping locally, as roads map for the Belfair can visit while babies p) Chamber of Commerce, spoke a way of contribute more to the Urban Growth Area.The books. on behalf of the Johnsons.Jack local tax base. The Johnson's Mason County Commission Preschool Story Time Johnson explained how he and light industrial plans would last week voted 3-0 to will be from 10:30 to 11 Steve have been working on help bring about 70 jobs to Ma- authorize entering into a 10.This is a program of this property for more than a ' son County. "I would just love consultant agreement with and movement games.I decade. Light industrial use, to help get some of that;busi- are encouraged to join n including shop space, had al- ness from Kitsap County into this company. The Friends of the N- Back in August, Libra ways been their intentions for Mason County,"Kenny said. x'3'will hold their i the property. Commissioner Ross Gallagh commissioners authorized 10 a.m.to noon on Dece Johnson listed a number of er said he was kind of concerned an agreement with the meeting room.Those in other industrial businesses in about how soon the stormwater Washington Department encouraged to attend. the area and pointed out that plans for the area would be im- of Community,Trade and Award-winning story there is virtually no access via plemented. "This appears to be Economic Development Leebrick will present"7 any public roads onto the prop- a unique situation in a unique providing the county from 4 to 4:45 p.m. on I erty. In his view, the sloped to- area,"he said. with $25,000 to hire a His telling of Dr. Seuss' pography also makes the land Commissioner Lynda Ring- transportation consultant to be accompanied by the better for light industrial,rath- Erickson said she agreed with The PageTurners bo( create a future roads map er than residential land use.He the need for more industrial for adults will meet froi pointed out how the company is land in Belfair's UGA, but was for Belfair.The county s December 18.Those wh in the residential development hesitant about making a deci- evaluation team reviewed to share a memory of a business. sion, due to the lengthy list of submitted proposals by Youth PageTurners for "If we really felt like it is concerns in the report. interested firms and selected that day from 4:15 to 5 prime residential property,that "I just want to check it out. Shea, Carr &Jewell as the invited to join in a book is what we would do with it," It's not that I'm adverse to this most qualified. snacks and an activity. Johnson said. particular land use," she said. Work is supported to the The library is locate( He said they know their "I'd like to read all the docu- tune of $40,000 when the Route 3 in Belfair.All 1 property better than anyone mentation and I would like to state grant is supplemented by free of charge unless ot: else and want to make best use check with our attorney." $15,000 of in-kind resources. needing special accomn of its potential. If this rezone is Commissioner Tim Shel- The various agreements point in a library's program i denied, then they will be very don said he was familiar with to a completion date of June one week in advance.F limited in how they can use it the property and felt comfort- 2009 for the plan. 275-3232. on of the Shelton-Mason County Journal -Thursday, November 27, 2008 From: "Robert W.Thorpe,AICP"<rwta@rwta.com> To: Allen Borden <ahb@co.mason.wa.us> CC: Jack Johnson <jjc@hctc.com>, Steve Johnson <steve@sjinc.net> Date: 11/11/2008 1:55 PM tt l C 3 i o$ Subject: Johnson -Corbit Rezone DDR2008-00133 1. Please advise when a staff report for Tuesday Nov 18 9:30 a.m. County Commissioner's Hearing will be available. 2. Please provide a copy via email to rwta@rwta.com 3. Please adivse that our October 17,2008 letter to the Planning Commission was provided to them, and to County Commissioners, i.e., it will be part of application/staff report to the Commissioners. Thank you. Robert W.Thorpe,AICP R.W.Thorpe&Associates, Inc. 705 2nd Avenue, Suite 710 Seattle,WA 98104 Phone: 206-624-6239 Fax: 206-625-0930 Email: rwta@rwta.com Web Page www.rMa.com i s�pF � �� sf� �owu,.� ✓��err�� PIP,"gZ4, lyXlS� U✓a�ftY pyu� Wti/Ahew rA. 0 m.ir�f �.e:Ni.�-; wak sySFa.� cin � �wle Fo ff t Nb�L� (Ib �uc�N�K Lr..wi ua+s i 0"(M k4 Ehf�a.Ce � /• t�ca 4ve u�w,e c -mj� `a�esu�tim.knLW�'+a'e �ovPn,�u�uuT acm�cu-H t�ladr Swale r� -71 ktuutDca Kha� viol u r�,�cf�c-� aAe� C4tk�d atW o&ot (-v- WYI� �Q ��✓°�"1 �1u lulu wr"rx-e us� 4o G�eU �� iLE�ra� v✓ c��'�ii� ulle jav d Cam,-Ma fi ovi 1urA-4t 917 ve� kt A4,6� .. . . . ... . . ... . . . . . 36 .-�o� , tiro -t�, , v�o DRAFT MASON .COUNTY PLANNING ADVISORY COMMISSION Minutes September 29, 2008 (Note audio tape (#2) dated September 29, 2008 counter (#) for exact details of discussion) (This document is not intended to be a verbatim transcript) 1 . CALL TO ORDER The meeting was called to order at 6:00 pm by Chair Bill Dewey. f 2. ROLL CALL Members Present: Bill Dewey, Tim Wing, Dennis Pickard, Jim Reece, Diane Edgin, and Don LeMaster. Debbie Jacobs was excused. Staff Present: Barbara Adkins; Allan Borden, Kell McAboy. 3. APPROVAL OF MINUTES None. 4. NEW BUSINESS (#0075)Allan Borden opened the public hearing on the rezone request by Steve and Jack Johnson LLC to rezone a 9.6 acre parcel in Belfair UGA Residential 5 (115)zone to Belfair UGA General Commercial Business General. Residential 5 zone is located adjacent on the east to existing railroad alignment and General Commercial Business Industrial zone and on the west to Residential 4 and Residential 5 zone just east of Old Belfair Highway. Existing building begun as General Commercial Business Industrial zone was approved by the BOCC in December 2004. If the new zone is approved, the applicant could establish new commercial or industrial buildings on the subject parcel. Criterion 1 regarding public health, safety and welfare is met. Criterion 2 regarding consistency with the Comprehensive Plan designation is not met. a 1 Planning Advisory Commission Minutes, September 29, 2008 Staff's evaluation shows that the Belfair UGA Residential 5 (115)zone is the most consistent designation for the west portion of the subject parcel. Criterion 3 regarding low density sprawl is not met based upon staff evaluation of the expansion of commercial / industrial land uses into a UGA residential area. Criterion 4 regarding increase of demand for urban services is met based upon staff evaluation that the proposal is in the Belfair UGA. Criterion 5 regarding interfering with GMA goal to encourage development in urban areas is met, although changing from residential to commercial/ industrial land uses wilt increase service demands. Criterion 6 regarding open space retention, critical areas and air/water quality is not met based on staff evaluation that the site development will alter existing slope critical areas and open space. Criterion 7 regarding pressure to change land use designations is not met based on staff evaluation that some precedent for further rezone requests would result if approved. Criterion 8 regarding corrective rezone of lands is not applicable to this request. In conclusion, staff would find that Criterions 2, 3, 6, and 7 are not met. (#0635) Bill Dewey inquired about Criterion 3, and feels that increasing sprawling, low-density rural development is home scattered out, not an industrial development as urban sprawl. (#0650) Don LeMaster also inquired about Criterion 3, and what makes the GCBI zoning more intensive than the R5 as it relates to land use. (#0665)Allan Borden responded it's more intensive because of the kinds of development that would be permitted. They take up a lot of land, and tend to have more noise and traffic. Regarding the sprawling issue, Allan explained this request is in the UGA. He says his interpretation of sprawling is to take a use as it grows on the edge and moves out to a new area. In this case it's the sprawling of that particular area. (#0770)Tim Wing inquired about Criterion 6, and the fact that with residential there, you're assuming there's going to be protected open space. (#0800)Allan Borden responded it's a lot easier to place open space in a residential development rather than a commercial development. j (#0850)Tim Wing inquired if you keep it as a residential zone, is there any assurance or guarantee you're going to have more open space, given the slopes, than you would have with a commercial development. (#0900)Allan Borden explained Residential 5 has a limit of 40%lot coverage. There's no minimum area of tot coverage for GCBI. However, there is buffer criteria. (#0950)Tim Wing inquired what are the concerns regarding this request and pressure to encourage other rezones. (#0975)Allan Borden explained that if you approve a change from residential to non-residential,you have to have a basis, and if that basis can be easily applied to other properties, then you can expect additional requests for rezones. I (#1000)Tim Wing commented if what you're saying is true, I would say that if you have another piece of property, and you say there's a precedence being set by this, the precedent would be that this piece is right up against an industrial railway and it already has an industrial building on it, and if somebody else meets that same criteria, then I would be one to say this is something that should be considered. This piece has other characteristics other than it's zoning designation that make it different than a precedent setting piece. (#1020)Allan Borden explained the applicant spent a lot of money to put in several improvements and i 2 Planning Advisory Commission Minutes, September 29, 2008 didn't build the building until after the subarea plan was two weeks from being approved. When you look at the circumstantial evidence, the plan had public hearing on December 7"'and the Johnson's applied on December 14rn (#1050) Dennis Pickard stated Allan mentioned in his testimony that there were other parcels in the Belfair UGA which had split zoning but they were generally different. Do you have any sense of how many there are of those, and are there any others that you are aware of that have an existing nonconforming use on one of the split zone sections. (#1075)Allan Borden responded there are probably well over a hundred that are on both sides of Highway 3. 1 haven't had the time to tally up which ones are not a house but a workshop. (#1090) Dennis Pickard stated that would seem to be more to the point of whether this particular rezone would be related to any other potential future rezone requests. (#1110)Allan Borden stated he's sure there are other properties that have some type of commercial building on a portion of the property that's not zoned for anything but residential. Shelton has a UGA, and they don't have zoning, and every week there are new businesses being located on properties that may wind up being nonconforming once the zoning strategy for Shelton is adopted. (#1140) Don LeMaster noted there is only one road in and out, which is Northeast Peninsula Place. So because of the topography it may be that another road cannot be built there. If it's not rezoned and it maintains it R5 zoning, you have potential for 50 residential dwelling units there, and in order to get there you will have to drive through this fairly significant industrial area to get there. (#1185)Allan Borden responded that is a possible scenario. (#1190)Miscellaneous discussion. (#1240)Allan Borden noted one thing he did not include in the staff report is that there is a proposal by the Johnsons that actually initiated why they are applying for this rezone. There was a pre-application meeting to develop 7 building sites for commercial uses, which would entailed a considerable amount of grading which they applied for to create road access to all of these terraces on this property. I'm just bringing it up as it is possible to create access down to the lower part of the property. (#1335) Bill Dewey opened up the public comment portion of the hearing. (#1350) Robert Thorp of RW Thorp and Associates, who represents the Johnsons, testified first. Our analysis of this project was very careful. Robert handed out photos of the site and described some of staff's concerns regarding the railroad. We're willing to put on the record a covenant that would limit it to office and small uses, not heavy industrial or commercial use. We're also willing to create a 75 foot buffer zone that would be an overlay zone that would be revegetated with native materials and understory. We're saying let this facility that has 75 employees remain as preservation of jobs is important. If you were to take another access you would have to get a permit from the railroad. There is no sewer on the site. You would have to pump the sewer uphill. There is a water service tank there, however, this site functions very much like the adjacent site so if you were to take this perimeter of open space area and condition it, I think that would address some of the concerns staff has in Criterion 3, 4, b, and 7. In terms of the criteria, we agree on 1, 2 and 5. We don't think those are an issue. 1 would submit that we have put a great deal of effort into looking at the Comp Plan and I think 90%of the goals of the Comp Plan can be met. You have an existing use; if it's zoned R5 it becomes nonconforming. The best use of this land is industrial. Seeing what the Johnsons do in the community and how they approach things 3 Planning Advisory Commission Minutes, September 29, 2008 with the employees and their vision, this rezone isn't difficult. However, my job is to respect staff. GMA talks about a lot of goals. One of them is economics and jobs. I'm wilting to work with staff and if you want to take this under advisement and bring it back and we can work out the details. (#1700)Steve Johnson, applicant, testified next. He stated he takes issue with Mr. Borden's comments about the six years. He makes it sound like we waited until this came up before the zoning change. We've been working on the property for 8 or 9 years before that. We've put a considerable amount of time in on the project. We've conducted traffic studies on Highway 3, installed the turn lanes there, and it was all part of the earlier permitting process. It was an oversight on our part that one part of the property got separated, but there was a lot of jockeying around with the industrial properties at that time when the zoning was put in place. Allan stated if you stood here 6 years before, you would have seen a vacant piece of land, and that is not true. Everything we did there was designed to handle that total parcel of land. We have about$450,000 invested in turn lanes and DOT improvements there. We spent about$80,000 in just purchasing the easement to cross that railroad, and it surely wasn't put there to just put in houses. The building was untimely, but that was the only thing that was untimely. I take insult to the insinuation that we just ran in there and did all the improvements, as nothing happens overnight. (#1800) Don LeMaster inquired about the purchase of the easement for the railroad crossing. He asked if there were stipulations in the easement as to traffic? (#1850) Steve Johnson explained you can only use that easement for industrial type uses. It has a restricted use on it. Also, we pay taxes on the entire parcel as commercial, which is higher than residential. As residential property, it's unuseable. (#1900)Jim Reece stated he visited the site and saw the railroad crossing which read 'Private Crossing- No Unauthorized Personnel'. (#2000) Steve Johnson explained they are liable for that crossing if something were to happen to it. It's not open to the public; it's to access our property only. (#2020) Larry Gifford, neighbor, stated right now he has an issue with odors, dust, smoke and noise. The odors, when they make the topsoil and pile it, it's a problem. The only issue with dust is we call, and then they water down the area. The smoke is bad from the asphalt plant. The Olympic Clean Air Agency came out to took it over and we've had to call them several more times. We've had to call 911 in the last few years because the asphalt plant uses a generator to keep it hot and it's so loud. You can't even sleep at night because of the noise. In the morning the diesel trucks from the cement plant start before 6:00 in the morning. Nobody has a handle on when noise should be quiet and when they shouldn't. That's a big problem. Why can't they know there's a problem and take care of it first. The Johnsons are leasing out these areas, but they're responsible for it, and if they put some more people down below that could be another problem. (#2150)Tim Wing inquired about his concerns with the odors, dust, smoke, and noise. I know a number of those things are coming from activities that go on on the west side of the railroad track. Are you getting the dust and smoke from next store. (#2185) Larry Gifford indicated they were coming from the asphalt plant. (#2225) Bob Creighton commented his land is quite a ways north and I'm here regarding the fact that access could be provided from the north via Newkirk Road, and after hearing the testimony tonight, that probably is not viable. That was my sticking point is that portion of Newkirk is a gravel road. However, if it was somehow converted to something that could handle heavy trucking, then that would be a significant 4 Planning Advisory Commission Minutes, September 29, 2008 impact to any of the residences that are on that piece of the road. I wanted to state my opposition to that happening. (#2300)Tim Wing inquired if his concern was to not want to see heavy truck traffic coming from Newkirk Road onto this piece. (#2325) Bob Creighton replied that is correct because with the big rigs that they would be running we would just want to oppose any trucking that would come down that road. My point is that I would like the assurance that there wouldn't be any heavy trucking going through there. (#2350)Miscellaneous discussion. (#2500) John Gunter testified he is a neighbor down below. He stated he has a concern a road would get pushed because there's clearing at the end of Newkirk Road where the gravel road ends. I personally disagree that it's not feasible to possibly there could be a road that could get punched in there. I know people in the Belfair area that have absolutely had run ins with their truck drivers, and it comes from the top down. The truck drivers basically taunt the neighbors in a very negative fashion. They go fast down some very private roads and they just don't care. We don't want to see them coming up into Newkirk Road with their trucks. Also, just living there in the area, it just doesn't make sense to have industrial down into the west side of the railroad tracks. (#2600) Ken VanBuskirk stated he submitted some comments to Mr. Borden regarding the fact that he'sat in on the subarea planning committee with Mr. Wing and with Jack Johnson, and at that time, we used the railroad as the natural line to separate rural from industrial. Since that property was logged about 3 or 4 years ago, there's been a noticeable increase in the amount of noise down where I live on Davis Farm Road. When we have an east wind, we'll pick up odors from the plateau coming down into the valley. The only other thing I'm concerned about, whether it's residential or industrial, is the stormwater that will be generated from that site. There's nothing to hold the groundwater now when it rains as it's been logged. Downhill from that is Irene Creek and the critical aquifer recharge area that I'd like you to consider. (#2700) Frank Kenny from the North Mason Chamber of Commerce stated there are not a lot of good jobs in North Mason. There are so many people that need to have a family wage job. I've visited a few of the jobs that are on the other side of that railroad track and I drive a small car, but I'm scared for my life going through that industrial area with truck going left and right. You do not want to make that a residential area, unless you could get another access, which sounds problematic. My zoning map shows some kind of heavy duty commercial on that side of the railroad tracks, however further north. It breaks the boundary of the railroad tracks with industrial / commercial. (#2850) Robert Thorpe stated the purpose of the 75 foot buffer is to replant trees on a 10 foot center and that would be an open space overlay, and it would be clear that no road access would be through that. That would answer the two neighbor's concerns. That means no roads would be permitted through it. (#2900) Bill Dewey inquired about Katchemak Lane. (#2950) Larry Gifford explained it Katchemak Lane on the east side was used to access into that property at one time. i i (#3000) Robert Thorpe clarified that we have one access point that serves the existing repair shop and offices. We have no other accesses. We're proposing a 75 foot buffer around the property so the facts are there will be no road from the south; there will be no road from the north on the west side of the tracks. I 5 Planning Advisory Commission Minutes, September 29, 2008 (#3100) Don LeMaster inquired about the Contract Rezone- Limited Uses. You will craft language to reflect that these will be sole permitted uses. (#3150) Robert Thorpe stated that is correct. I know jurisdictions are reluctant to do contract rezoning, but what we're proposing is concomitant agreement where you put it on the covenant and file it with the county as part of the legal description. (#3200) Don LeMaster clarified that any development in this parcel will have to adhere to the current stormwater requirements. It doesn't make any difference whether it's residential or industrial. (#3240) Robert Thorpe suggested you could also do it as a binding site plan. What we're trying to do is avoid a nonconforming use. (#3300)Jim Evans stated his property is adjacent to the proposed zoning area. It's just to the south. Contrary to some of the testimony here tonight, I would rather it not be residential. If it was developed as R5, to the maximum of that extent and not commercial, there would be a tremendous amount of population in that area right next to our property. The McKnight property was at one point up for rezone, and that was a large concern and we worked against that. I would encourage commercial development of that with consideration of the buffers and sound. (#3400) Bill Dewey closed the public comment portion of the hearing. (#3425)Jim Reece commented it doesn't seem practical to put residential adjacent to the railroad, but having some.buffer along the railroad is appropriate. Putting a greenbelt around the parcel is appropriate, but l do have a concern about having the stormwater and septic inside the buffer. (#3500) Don LeMaster commented that from a development standpoint they will put the septic wherever they can put the septic. (#3600) Dennis Pickard stated whether or not this particular rezone is approved I like getting into the idea of a concomitant agreement or something like that in a broader sense because other rezone requests have come before.us in the past where one of the concerns was that we were not able to target the future,use to what was supposedly proposed at the time. (#3650)Miscellaneous discussion about concomitant rezone implications or advantages. (#0100) Dennis Pickard stated his proposal would be that if choose as a PAC to recommend for approval this particular rezone that we do it with the condition of having a concomitant agreement or other suitable limitations established pursuant to the proposal. (#0120)Tim Wing stated this qualifies as a rezone flat out. It is what it is. It is already an industrial site. It is not going to ever be what the zoning currently says it is. It is not going to have 50 homes on it. It is not going to be a good place for residential. It is an industrial area, and there are reasons why it got to be what it is. The zoning on this was done incorrectly. There are four criteria that Allan said were not met, and I disagree with him. He said it's most consistent with the rest of the area, and I don't think that's true. As it's been pointed out, there are other industrial zones on that side of the railroad track. It doesn't expand industrial areas because it is already an industrial area. The open space issues and critical areas have to be dealt with properly whether it's industrial or residential. The fourth one is that it does not set a precedence because of what it is now; it is already industrial. I think it should be rezoned without any conditions. I also believe that what they're planning on doing probably will get done. However, with all of that said, we need to face the reality that people come here all the time and say 6 Planning Advisory Commission Minutes, September 29, 2008 we're going to do these things and then they sell the property and somebody does something else with it. I don't want the citizens who came here to testify to have concerns about this. (#0200) Diane Edgin stated she agrees with Tim's comments. All the issues are there, and you have to look at the total picture and the total timeline that these people have owned this property and what they have already done. What is proposed here is an excellent idea. There is a critical shortage of housing and business in this county. 1 don't want to see anything that impedes an excellent presentation of a use of this property. If they would put restrictions on it, I could accept it. Industrial areas have to go somewhere so I'm in favor of this rezone. (#0275) Bill Dewey stated he is inclined to support it, but support it with a covenant. He stated he is concerned with some of the testimony that has been offered tonight. It sounds like there was an initial effort by the folks in Belfair as they set up the UGA to use that railroad as a natural break. We have heard some concerns from residents as to why. I could go along with the rezone request with the covenants so we ensure that we're protecting those adjacent properties from some of the more aggregious uses of the industrial area. (#0320) Dennis Pickard stated he was happy with the Limited Uses list that was attached to the map. I would suggest this for this particular case but also to potentially request that staff and BOCC work towards providing more standardized agreement to address issues like this so other people who are making proposals have the opportunity as well regarding neighboring concerns. That might allow us to make.more common sense decisions that balance the needs of both the property owner and the neighborhood and are more consistent with the original intent of the zonings we've established. That would be my preference of this particular case. I do agree with Tim that on just the basics it qualifies as a corrective rezone._it was there prior to the zoning overlay and it is a nonconforming use. If we can narrow down the types of.. permitted uses, based on an agreement of the property owner, I say we ask for that condition to be_� . incorporated. (#0365)Miscellaneous discussion regarding attaching a covenant, and the concomitant agreement. (#0440)Tim Wing made a motion to recommend acceptance of the rezone application based on upon county staff and property owners further defining this list to include a method of altering the list inAhe future, and providing a mechanism for putting these restriction in place. (#0500) Bill Dewey noted there was a motion and a second. A vote was taken, and the motion passed. (#0525)Miscellaneous discussion to include the 75 foot buffer requirement in the motion. (#0550)Tim Wing made a motion to reconsider the previous motion and change that motion to include everything that was in it plus that the owners would agree to the buffer that was proposed in their presentation. (#0565) Bill Dewey noted there was a motion and a second. A vote was taken, and the motion passed. (#0650)Allan Borden announced the Smythe rezone request we took up at our last hearing is rescheduled for October 20`h. (#0700) Charlie Butros, Public Works, stated when we went through our discussion on August 181h, I presented a brief outline of the Transportation Element. We had last updated the Transportation Element in November of 2005. This update is the most recent since then. We updated tables and exhibits. We have three separate transportation plans: 1) an annual budget which identifies the cost for the 7 TO: Allan Borden, Senior Planner, MCCD FROM: Constance C. Ibsen DATE: November 16, 2008 SUBJECT NO on Rezone 08-06 (Johnson's) If granted, this rezone signals the continuation of"spot zoning"in Mason County and is in conflict with the goals of the Growth Management Act. A reasonable person can look at the map of the Belfair UGA and see that the railroad tracks along the ridge(which need a permit to cross)is a logical divide of land uses(s) giving considerable weight to the argument that there was NO mapping error. IIIIIMWIWIY I�wYYY�II.Mr+-- From: "Ken and Peggy"<dukeof@hctc.com> To: "Allan Borden" <Ahb@co.mason.wa.us> Date: 11/11/2008 10:59 AM Subject: rezone 08-06 Allan can you forward to Commissioners or is it something I have to do? I wont be able to come to the meeting, I hope this is acceptable. let me know. Ken 275-3890 November 11. 2008 Mason County Board of Commissioners Public Hearing 11-18-2008 testimony regarding Request for Rezone-08-06 My wife and I reside and own property downhill and down valley from this proposed rezone. I became aware of this project when the Department of Ecology solicited comments on the stormwater permits for the Corbit Ten Acres and the Riverhill Park projects both of which are located in the Union River Valley less than 1/2 mile from each other. The existing land use on this requested rezone is a non-conforming commercial building constructed in late 2004-05. The rest of the parcel was subsequently clearcut and the land was converted from forest land to industrial land. My main concerns, regardless of whether this land remains residential or is rezoned general commercial/industrial, are the steep deforested slopes, the resultant stormwater and the noise and odors that have noticeably increased since the property was clearcut. The applicant maintains that this rezone request could be considered a clerical or mapping error because topography and access issues were likely.not anticipated upon initial zoning. One of the applicants and a member of the planning commission were members of the Belfair sub area planning committee. Topography, green belts, and open spaces were all important parts in the planning committee's zoning discussions and recommendations. On August 19, 2003 a full year before.the sub-area plan was approved the consultant John Owen specifically talked about zoning and property designations of this parcel and others in the vicinity. No one objected and the zoning or land-use. was approved. Why did the applicant take so long to request a rezone? Surely topography and access must have been addressed in the forest land conversion process and logging. The Department of Ecology took comments on the Corbit project in June of 2008. My comments focused around the cumulative impact to our waterways and aquifers from a broad landscape perspective rather than site specific. There is a Critical Aquifer Recharge Area immediately.. downhill from this site that warrants careful consideration.. Stormwater can't be infiltrated onsite and will be indirectly conveyed downhill and offsite. There is an existing stormwater pond orr!the east side of this parcel and the railroad tracks. It was recently drained offsite and worked on:-: Has the infiltration and effectiveness of this pond been verified? The Puget Sound Partnership recently released their draft Action Agenda in which they state. stormwater is the greatest source of pollution in urban areas. The partnership is encouraging protection of our important ecological areas such as the Union River valley by focusing growth away from these areas. Is a 6-year development moratorium placed on conversion properties? I appreciate the planning advisory commissions evaluation but find it odd that they would overturn staffs recommendation. Please defer action on this rezone request until these important questions and the stormwater concerns can be addressed. Also consider establishing an advisory group specifically for the Belfair UGA. Thank you. Ken VanBuskirk 61 NE Davis Farm Road Belfair WA 98528 COMMENTS RECEIVED— RE: S &J JOHNSON REZONE REQUEST Ken Van Buskirk: Sept. 7, 2008 e-mail. He would like application and staff report to review. John Gunter: Sept. 24, 2008 phone call. Will the county approve the request if the staff report states that several rezone criteria are not met ? He lives to the north of the site and is concerned about truck activities and noise generated from an approval. Does an access directly to Newkirk Rd. exist ? Access through the north would be very incompatible with the residential in the area. Cami Geyer. Sept. 29, 2008 phone call. She supports the staff findings that deny this rezone request; she lives to the south of the site and eventual dust, odor, and noise that would result from further commercial and industrial development would not be acceptable to her family. Pat Loudin Sept. 29, 2008 phone call. He is concerned with access to property on the north, west, or south; he is not aware that access easements have been obtained before the traffic is generated by new uses. He lives to the north of the site and is just off Newkirk Rd. Bob Thorp Sept. 29, 2008 phone call. He is planner working for the Johnsons and he is proposing alternative ways to address the findings of the staff. He will provide his comments and/or proposed alternatives at the meeting. 08-06 johnson comments received sept 08 Allan Borden - Re: request � From: Allan Borden To: Ken and Peggy Date: 9/26/2008 10:14 am Subject: Re: request Ken: Michael MacSems is not in the office today,and he was the staff to review the request back in Feb.2005.My initial look into the case from notes under the FPA case is: site is 8.90 ac.in the Belfair UGA; proposal was a conversion to industrial undertaken by a Class IV General permit;a geologic assessment and stormwater plan were reviewed by MC Public Works; no development moratorium was added to the permit;and the permit was issued by WA DNR. This review preceded the county's forest practice reviews adopted by ordinance in Dec.2005. Michael might give you further insight on the case when he returns to work on Monday 9/29. Allan Borden >>> "Ken and Peggy" <dukeof@hctc.com>9/26/2008 6:40 am>>> Allan,was there a 6 year development moratorium placed on that parcel when it was logged? thanks Ken -----Original Message---- From: "Ken and Peggy"<dukeofC&hctc.com> To: "Allan Borden"<Ahb@co.mason.wa.us> Sent:Tuesday,September 23,2008 7:39 PM Subject: Re: request >thanks Allan I received. Jack Johnson was on that committee so I find it >very interesting that they say it is a mapping error.Brian Peterson was >the Commissioner appointed co-chair of that committee. I would like to > see his comments if he submits any.There were quite a few other folks on > that committee. thanks again. > -----Original Message----- > From: "Allan Borden"<Ahb@co.mason.wa.us> >To: "Ken and Peggy"<dukeofC&hctc.com> > Sent: Monday,September 22,2008 9:17 AM > Subject: Re: request > Ken: > > In response to your early Sat. morning message,I believe that I mailed > the staff report with the application&responses to your address on >Thurs.moming 9/18,or it may have gone out on Fri.9/19 at the latest. > I thought that you should receive a copy as soon as I had it available. I > also mailed out a copy to Dr. Brian Petersen for his comment,since he was > the chairperson for the UGA plan committee. >Allan Borden > Planner-Long Range&Site Inspection > P.O. Box 279, Shelton, WA 98584 > (360)427-9670 ext.365 »» "Ken and Peggy" <dukeofOhctc.com>9/20/2008 5:16 am >>> > could you send me the applicants rezone criteria statements and well as > the Countys response to the Johnson rezone in the Belfair UGA? thanks Ken > 275-3890 Allan Borden- Re: request Pa e 1 From: "Ken and Peggy"<dukeof@hctc.com> To: "Allan Borden"<Ahb@co.mason.wa.us> Date: 9/26/2008 6:40 am Subject: Re: request Allan,was there a 6 year development moratorium placed on that parcel when it was logged? thanks Ken -----Original Message---- From: "Ken and Peggy"<dukeof@hctc.com> To: "Allan Borden"<Ahb@co.mason.wa.us> Sent:Tuesday, September 23,2008 7:39 PM Subject: Re: request >thanks Allan I received. Jack Johnson was on that committee so I find it >very interesting that they say it is a mapping error. Brian Peterson was >the Commissioner appointed co-chair of that committee. I would like to >see his comments if he submits any.There were quite a few other folks on >that committee. thanks again. >-----Original Message----- > From: "Allan Borden"<Ahb@co.mason.wa.us> >To: "Ken and Peggy"<dukeof@hctc.com> >Sent: Monday, September 22, 2008 9:17 AM >Subject: Re: request >Ken: > In response to your early Sat. morning message, I believe that I mailed >the staff report with the application &responses to your address on >Thurs. morning 9/18, or it may have gone out on Fri. 9/19 at the latest. > I thought that you should receive a copy as soon as I had it available. I >also mailed out a copy to Dr. Brian Petersen for his comment,since he was >the chairperson for the UGA plan committee. >Allan Borden > Planner-Long Range&Site Inspection > P.O. Box 279, Shelton, WA 98584 >(360)427-9670 ext. 365 »»"Ken and Peggy"<dukeof@hctc.com>9/20/2008 5:16 am >>> >could you send me the applicants rezone criteria statements and well as >the Countys response to the Johnson rezone in the Belfair UGA? thanks Ken >275-3890 Allan Borden - Re:.request 1 From: "Ken and Peggy"<dukeof@hctc.com> To: "Allan Borden" <Ahb@co.mason.wa.us> Date: 9/23/2008 7:39 pm Subject: Re: request thanks Allan I received. Jack Johnson was on that committee so I find it very interesting that they say it is a mapping error. Brian Peterson was the Commissioner appointed co-chair of that committee. I would like to see his comments if he submits any.There were quite a few other folks on that committee. thanks again. -----Original Message----- From: "Allan Borden"<Ahb@co.mason.wa.us> To:"Ken and Peggy"<dukeof@hctc.com> Sent: Monday, September 22,2008 9:17 AM Subject: Re: request Ken: In response to your early Sat. morning message, I believe that I mailed the staff report with the application&responses to your address on Thurs. morning 9/18, or it may have gone out on Fri. 9/19 at the latest. I thought that you should receive a copy as soon as I had it available. I also mailed out a copy to Dr. Brian Petersen for his comment, since he was the chairperson for the UGA plan committee. Allan Borden Planner-Long Range&Site Inspection P.O. Box 279, Shelton, WA 98584 (360)427-9670 ext. 365 >>>"Ken and Peggy"<dukeof@hctc.com>9/20/2008 5:16 am >>> could you send me the applicants rezone criteria statements and well as the Countys response to the Johnson rezone in the Belfair UGA? thanks Ken 275-3890 I II i musult%-.ouiny iviap umput rage rage 1 or 1 Mason Count Ma 0 � s _ W NE NEWKItK RD—�_ NF j/ a 2� gEKA�EAfAK Uy/ IN Y 2 1 I; 0 F NE MCKNIG14T RD ,y O W NE JAKE DR D'< 1t4ft._ DISCLAIMER AND LIMITATION OF LIABILITY: The data used to make this map have been tested for accuracy,and every effort has been made to ensure that these data are timely,accurate and reliable.However,Mason County LEGEND makes no guarantee or warranty to its accuracy as to labeling,dimensions,or placement or location of any map features contained herein.The boundaries depicted by these data are Rows F006r6i Lanils approximate,and are not necessarily accurate to surveying or engineering standards,and are intended for informational purposes only.Mason County does not assume any legal liability Highways City of Shelton or responsibility arising from the use of this map in a manner not intended by Mason County. In no event shall Mason County be liable for direct,indirect,incidental,consequential, `Rn+etrs 8 Shams C4? ty 8oundaly 40NR) special,or tort damages of any kind,including,but not limited to,loss of anticipated profits Partols Cornrr�isxiarxrr UStr1tIS or benefits arising from use of or reliance on the information contained herein i Sections Lakes ®2006-Mason County 415 N.Sixth Street [� Tuwnshvs Puget Sound 8 Major Lakes Shelton,WA 98584 http://mapmason.co.mason.wa.us/servlet/com.esri.esrimap.Esrimap?ServiceName=amason... 6/30/2008 08/29/2008 13:26 FAX Q 001 s�cx TX REPORT ass ss*��aa�sx*sx��s�ss�xa TRANSMISSION OK TX/RX NO 0213 CONNECTION TEL 94269399 SUBADDRESS CONNECTION ID ST. TIME 08/29 13:25 USAGE T 00'49 PGS. SENT 2 RESULT OK i i I MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Mason County Bldg.1 411 N.5th P.O.Box 279 Shelton,WA 98584 (360) 427-9670 Belfair(360)275-4467 Elma (360) 482-5269 Seattle (206) 464-6968 f f TO: THE MASON COUNTY JOURNAL FROM: MASON COUNTY PLANNING DEPARTMENT STAFF DATE: Please publish the attached On the following day(s) Please keep the Affidavit of Publication for the Mason County Planning Department to pick up from your office and send copies to the following: Please send a.bill for publication costs to: MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Mason County Bldg.1 411 N.5th P.O.Box 279 SheRon,WA 9&SlW (360)427-9670 Belfair(360)275-4467 Elma(360)482-5269 Seattle (206)464-6968 TO: THE MASON COUNTY JOURNAL FROM: MASON COUNTY PLANNING DEPARTMENT STAFF DATE: Please publish the attached. On the following day(s) dog Please keep the Affidavit of Publication for the Mason County Planning Department to pick up from your office and send copies to the following: Please send a.bill for publication costs to: Z&al� CIO . A 00. Thank you, /4 &v2:;&, Mason County Planning Staff ,� oN-srATF MASON COUNTY o Py A o °N DEPARTMENT OF COMMUNITY DEVELOPMENT > s N Planning Division i� N y y P O Box 279,Shelton,WA 98584 (360)427-9670 1864 NOTIFICATION OF COMPLETENESS July 23, 2008 S & J JOHNSON P.O.BOX 488 BELFAIR WA 98528 Parcel No.: 123213400030 Project Description: Rezone western portion of one parcel in the Belfair UGA from R5 to GC-BI zone. : Dear Applicant: i You have submitted a permit application (case no. DDR2008-00133)for proposed construction or development in the county. Upon review of your application, I have determined that the application is complete for the purposes of beginning the permit review. This review is pursuant to Mason County Code, Title 15 (Mason County Development Code.) I will proceed with the review process of your permit application; however,additional information may be required by another department at a later date. Please call me at(360)427-9670,ext. 365 if you have any questions. Sincerely, 3 Allan Borden Land Use Planner I Mason County Planning Department comments: You have provided the completed application, written responses to the eight rezone criteria, associated maps, and list of names !' and addresses of surrounding property owners for public } notification. You will be notified of the date of public hearing in front of the Planning Advisory Commission, likely in mid-September 2008. 7/23/2008 1 of 1 DDR2008-00133 Corb�t Ofher Srde ` _ is Michael F. Wnek,'P.E-PS January-21,2008 SITE PLAN C (011 el PAD Nil DIP x+ i � \fit 232t-34-00030 saF=—WA_ses:e-am I ( fo PAD#3r PAD < 1l 1 `Pro#4 Y� r I L o ) - N Iz O " 7 r � . " x L ° a o 00 Y o r.O 7 N i F mad v ,. "AlP _ Iv -,� 4 O u u 4p wo ^moo - O A M O N 1 inch =400 feet Wv E i 1 inch =0.08 miles j S I O f N M O r ADO W O .300 N N; ?C.a r x 7Z3 R4 N N I �o 0 0 0 o 320 O 340 N 1 inch =200 feet W E 1 inch =0.04 miles S a -Credits Belfair Sub Area Planning Committee Brian Peterson, Co-Chair Bob Fink,Co-Chair Jack Johnson, Dan Teeters, Ken VanBuskirk, Fran Abbott,Valerie McLeod, Lee Swoboda, David Overton, Brigmon Lohman, Peter Merrill,Jr., Steve Clayton, Robert Hager,Jacy Griffin, Harry Martin, Margie Kaiser,Judy Scott, Brian Davis, Charlie Benton, Brian McLellan, Dan Hannafious, Mark Flatau,Tim Wing, Fred Barrett,Jack Nicklaus, Mike Boyle, and Catherine Ann Woof Washington Department of Community, Trade and Economic Development Mason County, Washington Port of Allyn I I North Mason Chamber of Commerce Consultants MAKERS ARCHITECTURE AND URBAN DESIGN John Owen Bob Bengfor d Thanasom Kamolratanayothin Janis Ford ECONORTHWEST Chris Mefford HEFFRON TRANSPORTATION Mami Heffron i Laura Van Dyke MACLEOD RECKORD Terry Reckons i x i i Belfair Urban Growth Area Plan Draft as Approved November 18, 2003 by the Belfair Sub-Area Planning Committee Table of Contents Introduction ...................................................................................................................1 Background/Purpose.......................................................................................................1 PlanningProcess ............................................................................................................2 ExistingConditions................................................. .....................................................5 LandUses.......................................................................................................................5 Circulation ..:.....,..............................................................................................................6 NaturalEnvironment........................................................................................................7 Pedestrian Network and Trails ........................................................................................8 EconomicConditions.......................................................................................................8 PlanOverview................................................................................................................9 Vision...............................................................................................................................9 StrategicConcept..........................................................................................................14 Specific Recommendations........................................................................................17 Land Use and Community Design Recommendations.................................................. 17 Transportation Recommendations ................................................................................28 Parks, Trails, Open Space, and Public Facility Recommendations...............................33 Water Quality Recommendations..................................................................................36 ImplementationStrategy.............................................................................................37 Appendices...................................................................................................................A 1. Belfair Development Regulations........................................................................... A-1 2. Belfair Market Analysis ........................................................ ............................... A-2 3. Belfair Transportation Technical Report................................................................. A-3 4. Additional Environmental Features........................................................................ A-4 BELFAIR URBAN GROWTH AREA PLAN Introduction Background/Purpose Unincorporated Belfair is the primary commercial center in the Northeast corner of North Mason 5 ' County. Mason County recently identified Belfair as an Urban Growth Area(UGA)of approximately 2,400 acres. The current population within the UGA is approximately 900. However,Belfair serves residents within a larger rural geographic area with a population of approximately 23,000 as well as tourists visiting the Hood Canal and unique Theler Wetlands. Given the recent UGA designation,Belfair's location and market conditions,a substantial increase in population and land use activities are s expected within the UGA boundaries over the next twenty-plus years. Mason County's 1994 population estimate for the UGA projected up to 4,000 people by 2014. No new population projections from the State or Mason County for the UGA beyond 2020 have been made. J The Market Analysis(see Appendix 2) Figure 1. Belfair location. completed with this plan projects a growth rate ranging from 3-5%annually. At the high end,this would suggest a population just under 2,000 for the UGA by 2020—much less than Mason County's earlier estimate. However,the Market Analysis identifies several reasons why the growth rate could be higher:Available developable land,proposed improvements and amenities,and demand for multifamily housing. While the general planning horizon of this Plan is twenty years, a key goal of the Belfair Planning Committee was to consider a much longer time period in the formulation of the Plan and its recommendations. Consequently,this means planning for ultimate populations that are more than 2,000 or even 4,000. While new development is on the rise in Belfair,the town is in the midst of trying to develop a particular character or`theme'based around the Theler Wetlands as the town's anchor. Plans are currently underway for the development of the Pacific Northwest Salmon Center, a 36,000 square feet facility which will significantly increase the tourist draw. It is anticipated that 300,000 people will visit the Salmon Center annually. 1 BELFAIR URBAN GROWTH AREA PLAN Belfair is home to over 150 businesses located mostly along State Route 3 (SR-3),which is overwhelmed by power lines and competitive signage. The town's prior and present planning efforts have focused on a desire to make the town more attractive and pedestrian-friendly by allowing continued infill development and housing near the commercial village. The planned construction of a sewer system in conjunction with SR-3 improvements will be a stimulus for such downtown development while assisting environmental clean-up of pollution in several lower rivers and streams in and around Belfair. The future of Belfair appears to be one of consistent growth. The immediate impacts of the sewer will serve as a stimulus for downtown development while the more regional projects,such as the Tacoma Narrows Bridge and the industrial development of South Kitsap Industrial Area (SKIA)to the north,will create added growth pressures to the entire Belfair UGA. The addition of a proposed `Industrial Park'west of SR-3 will add much needed family-wage jobs for area residents. The addition of pedestrian facilities,continued development of a consistent town theme, an improved local economy and the completion of the Pacific Northwest Salmon Center will serve to make Belfair a destination well into the foreseeable future. Planning Process The County hired the consultant team of MAKERS Architecture and Urban Design(lead consultant),Berk and Associates,Heffron Transportation,and MacLeod Reckord in November 2002 to assist the community in developing the Belfair sub-area plan. The consultant team worked directly with Mason County and Belfair Planning Committee members to facilitate the process. f Specific events and activities included: • November 26—Planning Committee Meeting: This was the project kick-off meeting and included introduction of the consultant team,County staff members,and Planning Committee members. Together,the team discussed the project scope and procedures, direction for economic study,and committee members' individual thoughts and objectives, and summarized information collected to date. • January 21—Planning Committee Meeting: Following up the last meeting,the project team summarized planning activities including site visit,review of background planning informa- tion and base map preparation.The team then reported on the existing conditions,"Mirror on the Community,"from an outsiders'perspective. Chris Mefford of Berk and Associates presented the findings from market study.The team discussed the upcoming workshop. • February 8— Workshop#1: There were about 80 people attending the first workshop at Belfair Assembly of God Church. Following introductions about the plan by Makers, •_ Figure 2. Workshop#1: Map exercise(left)and visual preference 2 survey(right). MAKERS architecture and urban design r Chris Mefford summarized economic conditions and opportunities.The workshop involved small group sessions taking part in mapping exercise and visual preference surveys.The mapping exercise gave each group a chance to identify problems,issues,and opportunities related to land use and development, streetscape and circulation,and parks and recreation on the map which then be hung up on the wall and be presented to the group as a whole. • February 18—Planning Committee Meeting: The consultant team summarized results from the first workshop.Makers led a discussion on sketch preliminary alternatives related to redevelopment ideas,circulation improvements,land use/population patterns,connections, and design character. • March 18—Planning Committee Meeting: Makers presented land use concept alternatives based on the previous meeting and the results from the first workshop.Terry Reckord of McLeod Reckord presented trails and open spaces plan.A discussion and refinement with the team were followed. • April 15—Planning Committee Meeting: Marne Heflron of Heffron Transportation presented transportation report findings and circulation concept alternatives followed by team discussion. Before adjourning,the team discussed the format and outreach for the second workshop. • April 26—Workshop#2: Makers presented a summary the results from the first workshop to the , numerous community participants. The consultant team then presented three land use alternatives, transportation options,and trails and open spaces options.Afterward,the participants were broken into small groups to evaluate land use alternatives and circulation options,and prioritize trails and open spaces options. • May 20—Planning Committee Meeting: Makers presented the results of the second workshop and Figure 3. Workshop#2. presented preliminary ideas for preferred alternative including plan concept,land use,circulation,parks and trails,and community design. • July 15 Planning Committee Meeting: Makers presented a preferred plan followed by team discussion and refinement. • August 19—Planning Committee Meeting: Makers summarized comments on draft plan and draft design standards. Meeting participants discussed proposed zoning district boundaries and designations. • August 26—Planning Committee Meeting: Participants reviewed the draft design standards. • October 27—Updated UGA Plan Draft and Development Regulations are submitted to the Planning Committee: Committee members have the opportunity to review the plan and draft development regulations prior to the final public workshop. 3 BELFAIR URBAN GROWTH AREA PLAN • November 8—Workshop#3: More than 130 participants attended this workshop to review the final draft plan and development regulations. Participants completed surveys prioritizing key plan actions and provided a range of comments on plan and development regulation details. • November 18—Planning Committee Meeting: After reviewing survey results from the workshop and discussing final changes to the plan,the Planning Committee voted to recommend adoption of the plan. 4 MAKERS architecture and urban design c4 mjW\020234-nelFatr"W\4NWkOmafttWM34_rpn.aoc-,MW Existing Conditions Land Uses Within the UGA,Belfair's commercial area is a three mile stretch along SR-3. From outsider's perspectives,physically,this corridor can be divided into 3 nodes or areas. The most prominent commercial node is what is often referred to as Belfair's downtown,centered around the Old Belfair Highway and Clifton Lane intersections. The downtown is anchored by two grocery stores and contains local and franchise restaurants,gas stations, car dealers,convenience and personal service uses, etc. The second node is an area at the south end of the UGA around the community center,school,and library. Just south of Theler Wetlands is where Pacific Northwest Salmon Center is proposed. It will serve not only as a regional environmental learning center but also a tourist draw to the community. Together,these core uses functions as Belfair's civic center and are in good physical condition. Most of the areas surrounding it,on the other hand, are underutilized and thus,potentially redevelopable.. The third commercial area includes the properties between these two nodes and includes a hodge-podge of small scale retail,service, offices,churches,and residential uses. Commercial and residential developmentopportunities are are currently limited due to the lack of sewer system. With the UGA designation,infrastructure upgrades overNr the next decade are likely to improve this condition(planned for 2007 with SR-3 improvements). While most sites within f 1 the downtown area and SR-3 corridor to the south feature some form of development,there are numerous 'r€";► ' -r""' ' opportunities for commercial infill development and redevelopment. The SR-3 corridor east of the railroad up on the plateau provides substantial future commercial development opportunities. '� "� :_ yr_�•• �i•• ' Belfair currently contains fewer than 300 _- residential units within the UGA. Single ! _ Y` f" _ . ` family homes make up the majority of `` �''` _` '' the units. These uses are scattered _ J � s mostly along the SR-3 corridor west of the railroad and in the vicinity of Old Belfair Highway in the northwest portion of the UGA. r - _ ._ While new housing within the UGA over i k T'wr the last ten years has been limited, Figure 4. Current conditions in the Belfair UGA. 5 BELFAIR URBAN GROWTH AREA PLAN residential growth in the rural areas outside of the UGA has been substantial. As a result of the Growth Management Act and subsequent development regulations,this trend is expected to change—resulting in an increase in residential growth within the UGA. Due in part to the size of the UGA,there are many areas that provide future opportunities for new housing. First and foremost is the area surrounding the downtown commercial core—where sites can accommodate a variety of housing within walking distance of services and amenities. Other housing opportunities are the lower flanks of the hillsides east of SR-3—which contain substantial view opportunities towards the Olympic Mountains and Hood Canal. Both of these areas contain environmental constraints,however,including some wetlands,waterways, and steep slopes. While these factors may limit some development,they can provide opportunities to enhance the quality of housing and environment if designed well. The most substantial housing opportunities in the UGA may be up on the plateau,east of the SR-3 corridor—where the land is relatively flat and there are few environmental constraints. Here there is a great opportunity to create cohesive new residential neighborhoods. Connections to the rest of the community will be important. Also on the plateau—mostly west of SR-3-are the UGA's current industrial sites. These are likely to continue in this use due to the highway and rail access and limited environmental and land use constraints. Circulation There are only two main north-south roads in Belfair, SR-3 and NE Old Belfair Hwy. SR-3 is the primary access to town which also functions as a state highway connecting to Shelton to the south and Bremerton to the north. Because there is no parallel route through the whole UGA, accidents on SR-3 can cause extensive delays. Based on the Plan's transportation analysis,most of the accidents happening along the corridor are at driveway intersections. There are approximately103 driveways on SR-3 between Cokelet Lane and SR 106 alone. NE Old Belfair Highway,the other north-south access road extends from SR-3 northward, serves mostly local uses. The SR-300/Clifton Lane corridor is one of the few east-west corridors in the UGA. SR 300 links rural areas to the west with Old Belfair Highway,and Clifton Lane links both with SR- 3 in the downtown core. The recently completed Romance Hill Road,close to a half mile south of the downtown area is 1he only public roadway connecting with SR-3 south of downtown. All other streets south of downtown are private dead-end roads. With the lack of street grid system,local access relies solely on SR-3 and NE Old Belfair Highway. There is no other alternative route. A planned alternative north/south route on the plateau,however,would provide a second route through the Belfair area. The planned route extends from SR-3 near the.UGA's eastern boundary and travels southwesterly on the plateau to connect back with SR-3 south of the UGA. Romance Hill Road provides one possible connection to SR-3 within the UGA. Considering growth projections for the UGA and current traffic conditions,major transportation improvement in Belfair will be needed over time. This includes improvements to SR-3,and probably the planned alternative north/south route as well as other local access roads. 6 MAKERS architecture and urban design s:4mJed420234-o~aWM*Iakwwdop"02sa ryn.aoc.12MO3 Plan Overview Vision The community's vision for Belfair's future begins with a feeling for the land. This feeling is reflected not only by an appreciation for the area's scenic natural setting,precious water resources,and diverse wildlife habitats,but also by the knowledge that the land is an important human resource. Care for the land is critical to the community's economic health and long-term sustainability. For this reason,the plan emphasizes measures to protect local streams and wetlands,locates growth where conditions are most suitable,includes sustainable development standards,and takes greatest advantage of the area's assets as an'attraction to visitors and an amenity for residents and workers. Economic vitality is a second critical community goal. For Belfair to grow and prosper,local jobs must accompany residential growth,and the economy must diversify to include industrial, professional and service,and tourist-based businesses. To this end,the plan includes three separate concentrations of commercial activity,each appealing to a different economic sector. Additionally,recommendations for development standards,design guidelines,and public works focus on supporting new development that is compatible with Belfair's unique assets and economic potentials. A two-phased approach to highway improvements will assist the downtown core in the short term and allow larger,diverse growth in the plateau over time,as well as address critical near-and long-term transportation challenges. Finally,participants in this planning process have expressed a desire for a more cohesive community with a more integrated,positive identity. This means enhancing the area's visual quality. It means ensuring that new buildings are friendly in their design and planning new I residential development to create neighborhoods,not just housing. It means providing the pedestrian and bicycle routes so that people can use local businesses and enjoy the community amenities without having to get in their cars. It also means protecting green belts of trees so that the area retains its"community in a forest"character. These are the issues toward which many of the design and park and open space recommendations are directed. The community's vision is not a passive one. It cannot be attained without a lot of hard work and cooperative effort. But the raw materials are there to make this vision a reality. The area will grow over time,and this growth can be shaped so that the whole community will benefit. The sewer line and improvements to SR-3 will give the central part of the community opportunities it has not had in the past,and the Salmon Center,library,and clinic will help to activate the south part of the UGA. The challenge is to make the most of this opportunity in time. And in the long term,the community's potential is even more dramatic. Positive, cooperative master planning of the lands on the plateau early can reap big rewards for the participants. r 9 BELFAIR URBAN GROWTH AREA PLAN I ' 11 1 1 11 1 ' •. ' 1 ' • 1 1 1 1 • •1 - 1 i ' - 1 1 •' • - 1 • 1 11 • • 1 •' 1 - 1 •' " 1 1 1 1 1 • • I 1 1 ' 1 1 • 1 1 •u•;• ,f 4"�"tr ! �� `It^•y 'ry+.t'�� f/ err { f ll 41 WWI'. 44 04 Hie yi+:{ r•�'1 '..nun^�:;' r��,��"^.�� ;•+r r I+Y.-.4y,e � • I • 1 A Look at the Future So what will a visitor to Belfair see if he or she returns to the area in about 15 or 20 years? Our fictional visitor,let's say it's a"she,"might well start at the south end where the new Salmon Center is located. Here is truly a regional attraction,explaining the ecology of the area and providing children of all ages many opportunities to engage in the learning about the land that supports them. There is a small cluster of shops and services nearby and an inn where she can spend the night. Heading north,our visitor has the option of following the scenic trail along the marsh or the walkway along SR-3. She chooses the walkway so that she can enjoy the street's boulevard-like character and new array of mixed-use buildings. She notices that traffic is steady but not congested,thanks to the new bypass and the fact that many of the local property owners have made a special effort to consolidate their driveways and landscape their street fronts. It makes a huge difference from what she remembers at the turn of the century. Even with the new buildings, she can see views of the inlet to the west. Y� W VIZ :9. k - _t � }`•may ( `�a J Figure 9. Illustrating the Salmon Center area planning objectives. 11 BELFAIR URBAN GROWTH AREA PLAN Entering the downtown,our visitor is surprised to see a number of multi-story residences surrounding a small but lively shopping area. The new residential neighborhood that has grown up around the old core provides a lot of people and activity. Some of the old landmarks are still there,in many cases spruced up to fit with the newer development. She notices that it is easy to walk around the downtown,small pathways providing easy access to inviting shops,cafes, professional services,and studios. The little plaza in the center with the outdoor seating is just the place to meet a friend for a cup of coffee. Right across the highway,the Saturday flea market is really hopping. There seem to be people from all over looking for treasures. Maybe she should stop and look for that old Johnny Cash record she needs for her collection. But she decides that, if she wants to visit the whole community,she'd better see what's happened on the plateau. Mired use development to the Multi--family Residential no. on old:Belfair Highway Pedestrian orineted mixed use. (typical south of the.acaess road) Park Centralized plaza space Access street.ta organf e area and Improve girttion . .Keystone"' that. . create'a distinct dwader at ante on$ .. .: k f Streetscape Improvements Coordinated parking lots for .. _ greater efRdencgi _ Stream protection measures Intersection improvements with crosswalk Park and community market lHustration of Downtown Planning Objectives Figure 10. Illustrating the downtown area planning objectives. 12 MAKERS architecture and urban design 8:4p�o�awzwzs4-beMatnplan _rpn.aoc-� It's a bit of a walk up from the downtown,but the footpath is pleasant. She notices that even with the new development,there is a lot of green left. The creeks seem as free flowing as ever, with a lot of native vegetation around them to help them stay healthy and protect the water quality. Our wandering visitor also notices that the new residential development really seems to fit in with the surroundings. The smaller streets,swales,rural footpaths,landscaping with native vegetation,and sensitive site planning really make a difference. Here is proof that sustainable development makes sense,not only for the environment,but for the lifestyles as well. ,I�"" tY r if poi rr r ' t l �,�� ' ; ' MIA�M i11ilU�T�11�IMili�lliM dar�lapnwrlt inlop�ad� :r��i op*n won ind bvl slesl�ms LILL' Figure 11. Illustrating the plateau area planning objectives. 13 BELFAIR URBAN GROWTH AREA PLAN Finally she reaches the crest of the ridge,and here she sees the biggest changes. There is a new, attractive shopping center integrated with a business park,several ball fields and a new neighborhood with a wide mix of housing types. It may not have the intimate charm of the downtown,but someone has really done a good job of planning and designing the area. Jobs, services,amenities,and residences are all here. The wetlands provide an interesting backdrop, and all the major features seem connected with ribbons of open space. And,located near the intersection of old SR-3 and the new route,it is convenient for all. Looking across the highway, she can see new retail development and perhaps just a glimpse or two of the light industrial activities lined up along the rail siding. Heading back toward her room at the Salmon Center Inn,she wishes that she had brought her bike with her. It would be an easy roll along either the SR-3 trail or the Romance Hill connection. But the walk gives her time to consider what she's seen. What strikes her is that,for a rural community,Belfair is really a place of contrasts;old and new,a small town setting with some sophisticated aspects,and a place where the old hamburger joint and the new Starbucks can coexist. Most importantly, she ponders about how the three centers complement one another, each adding to the community as a whole. It provides more choices,a richer mix of experiences and,literally,something for everyone. Maybe, she thinks, she'll stay another day or two,maybe kayak the canal,maybe look for that old Johnny Cash record,perhaps explore the job market a bit,and—what the heck—it can't hurt to do a bit of house hunting. Just for fun... Strategic Concept The planning concept translates the community's vision described on the previous pages into a set of key ideas that,in turn,form the basis for the individual planning recommendations. In Belfair,the community's vision means that public and private partners work together to develop a linear sequence of nodes—each with its own function and character-linked with an extensive trail system. Belfair's downtown area will be the most important of these nodes and the focal point for civic and cultural activities. Actions to encourage the Salmon Center development will attract visitors from all over the region,helping to fuel the local economy. And,the northern node will provide room to grow over the decades. Establishing zoning and guidelines that will direct new development to create a high-quality development with a mix of uses is critical. Improvements to SR-3 and guidelines to direct growth along the highway form another set of actions that are necessary to ensure good circulation and that the three nodes work together as a unified whole. The third major direction framing a number of planning recommendations and design standards is the community's desire for a high-quality, sustainable environment. 14 MAKERS architecture and urban design sA-projecNZ0234-baw _mu.doc-12fM +�f t: a7 _ .. ,r low Figure 12. Plan concept 9 P 15 BELFAIR URBAN GROWTH AREA PLAN 16 MAKERS architecture and urban design &:jw eatl 2U-eeffanpanunnakom�23, fpn.aoc-12rVW Specific Recommendations Land Use and Community Design Recommendations Zoning regulations and design standards will be a critical tool in implementing the community's design objectives. Five different land use designations are proposed and sited to concentrate development in the three commercial nodes,allow for residential development to accommodate projected growth,and protect sensitive natural areas. These designations include: • Festival Retail—intended for the downtown core and focal point of pedestrian activity in the Belfair area. The designation promotes small scale retail uses and eating and drinking places with office and residential uses on upper floors. • Mixed-Use—intended to provide for a wide variety of uses along much of the SR-3 corridor and other areas. • General Commercial—intended to provide for the full range of commercial uses to serve Belfair and the surrounding region. • Business-Industrial—intended to provide for employment growth in the Belfair area by encouraging manufacturing,wholesale trade,and office uses. • Residential—intended to provide opportunities for residential development within the k Urban Growth Area. Includes subdesignations of R-3,R-5,and R-10(numbers referring to the average number of units allowed per acre. Regulations provide flexibility by encouraging clustering of development on the sites that can best support development. The chart on the following page identifies the difference between the zones,while the map on page 19 identifies the locations of each designation. Recommendations for each of the districts including specific lists of permitted uses,density,and development standards are attached in Appendix 1. 17 BELFAIR URBAN GROWTH AREA PLAN I Table 1. Comparison of Zoning Designations Proposed Zones Use(see descrlp&ns Festival Gen Mixed-Use eral Business Residential on the following page) Retail Commercial (MU) Industrial (R-3,R 5,R-10) and Key Provisions _ _j STREET LEVEL USES� Pedestrian Retail General • Commercial Office Residential IndustriaLl O • Manufacturing/ Wholesale (all floors) (all floors) UPPER FLOORS Pedestrian Retail General • Commercial Office ` Residential } DENSITY PROVISIONS AND DESIGN STANDARDS' Height limit 3-5 stories 3 stories 3-5 stories 3 stories 3-4 stories Residential 10 for R-10 No specified No specified density Not permitted Not permitted 5 for R-5 (units/acre) limit limit 3 for R-3 Front yard landscaping 0-8' 0-30' 0-30' 30-60' 10-30' area* = Permitted use, O =Permitted only in the GC-B/Oveday Area; No Symbol=Use not permitted * = See Appendix 1:Belfair Development Regulations for details Descriution of Uses • Pedestrian Retall-Small scale retail trade uses(excluding auto-oriented uses),eating and drinking places, hotels and motels,personal service uses. * General Commercial—The full range of commercial uses including retail trade and shops,eating and drinking places,hotels and motels,auto-oriented uses,finance,insurance,and real estate uses,and service uses. • Office—Professional office. • Residential—Multi-family and/or single family residential uses. • IndustriaUManufacturing/Wholesale—Manufacturing,assembling,warehousing,repairing,fabricating,and processing. 18 MAKERS architecture and urban design s:Vproj W2w2U-b9fte bnwnnak*ma&vtW023a rpt1.dos-12/30aW r ' i Pmpoeed Land the DaWanBtior4s Mbed �en�i Co�nm�ere9si#Q�� - -O"(WJ) eua:�sss-IndUarGrial{&I� MWl FM*R (F 10) M@dMM DMNV R"' danm Fr r r•r :y= �,� girrgla Parry I�aldatrdr�l�t'�ti -- r't _tang Tatra. OMCUMM(LTA) r 4ilfild41rfi0eW5if� ��' Albw nwaA tj y �� J Obdaft VNIN pop go we MIC mom t �rM�e�iaMMIWON "�JM��i ii�w�M► ref PM '^'• ' -'ddin, f elfnir bub,Arm Plan Figure 13. Proposed land use designations. 19 BELFAIR URBAN GROWTH AREA PLAN .. II�lllrrl� LU-1: Create the Festival Retail(FR)Land Use Designation ose: The primary purpose of the Festival Retail designation is to combine business, cultural,civic, and residential activities into a cohesive community focal point which f promotes pedestrian actvity. The district encourages small scale retail trade uses (excluding auto-oriented uses),eating and drinking places,hotels and motels,personal service uses,civic and educational uses,and special events(including a farmers'market). >' Professional offices and residential uses are permitted on upper floors to add.vitality to the area and support businesses. Proposed Figure 14. FR Land Use Designation. development regulations are intended to promote pedestrian-oriented facades,walkways between developments,landscaping to buffer parking areas and add interest,and building standards to encourage quality and human scale buildings. Location: Centered around the central triangle area in downtown. Permitted Uses: Small scale retail trade uses(excluding auto-oriented uses),eating and drinking places,hotels and motels,personal service uses,civic and educational uses. Professional offices and residential uses are permitted on upper floors. Height Limits and Density, Building heights are generally limited to four-stories. However,five story buildings may be allowed if they provide a centralized pedestrian plaza space per design standards. Overall densities are limited by height limits,parking, site constraints,and design standards. Design Standards: Design standards will be critical to encourage pedestrian-oriented site and building design,good pedestrian and vehicular access,pedestrian amenities and open space,parking lot landscaping,and the integration of developments with the natural environment. Outdoor spaces within these areas should function as social settings for a variety of experiences, adding to the comfort and complexity of life in an village center environment,while maintaining a human scale and an ability for easy pedestrian circulation. i S Figure 15. Development examples consistent with the vision for the Festival Retail area. 20 MAKERS architecture and urban design LU-2: Create the Mixed-Use(MU)Land Use Designation Purpose: The primary purpose of the Mixed-Use designation is to provide for a mix of uses along the _ } SR-3 corridor,in sites around the FR District,and at the k - future crossroads of Romance Hill Road and the �+ planned Alternative north/south access road. Permitted uses include commercial,office, and 1 residential uses.By allowing a broad array of uses, property owners have more choice in how the land s can be developed. Design standards allow developments to front on the street as long as they . provide pedestrian-oriented facades—otherwise, r developments must provide a landscaping buffer along the street front to enhance the character of the '~ area. Design standards also encourage pedestrian and vehicular connectivity between properties. ; Building heights up three to five stories are i permitted—otherwise,no specific density limits are Figure 16. MU Land Use Designation. provided(as they will be limited by parking requirements,natural site constraints,and market constraints). Locations: Along the SR-3 corridor south of downtown,surrounding the FR and GC designations in downtown,and at the Romance Hill Road and planned alternate north/south route crossroads. Permitted Uses: A mix of public,professional office,retail,service,and multi-family residential uses. Height Limits and Density: Three to four story height limit depending upon location. Four-story buildings may be allowed along the east side of the SR-3 corridor where views can be maximized and impacts minimized. Buildings on the west side of SR-3 must not reach an elevation of more than 35 feet above grade level within 150 feet of the roadway. Overall residential densities are limited by height limits,parking,site constraints,and design standards. Design Standards: Design standards promote good site planning,pedestrian and vehicular access,extensive landscaping,and reduced-scale building design. It will be important to minimize or reduce the number of vehicular access points off SR-3. i I i I i • i Figure 17. Development examples consistent with the vision for the Corridor Mixed-Use zone. 21 BELFAIR URBAN GROWTH AREA PLAN LU-3: Create the General Commercial(GC)Land Use Designation se: The primary purpose of the GC `Y •ra ,•' : designation is to provide areas that offer a wide range of consumer goods and services for both Belfair UGA residents,regional residents,and the traveling public. An additional purpose is to provide a Business-Industrial Overlay(GC-BI) .� Area that allows both commercial uses and services and industrial related uses on those properties close to the railroad and/or already engaged in industrial- 3 related uses. Design standards encourage land- scaping,particularly along the SR-3-corridor to retain the wooded character of the area and e l e negative impacts of parking,service, and/or industrial areas. Design standards also promote safe vehicular and pedestrian connectivity, " I development of pedestrian-oriented spaces,and Figure I& GC Land Use Designation. appropriately scaled building design. Locations: Existing commercial areas at the northeast end of downtown along SR-3 and properties on the plateau along the SR-3 corridor. Permitted Uses: Allows for the full range of commercial uses,including retail trade and shops; finance, insurance,and real estate uses;and professional office and service uses. Industrial/manufacturing/wholesale uses are permitted in the General Commercial Business-Industrial(GC-BI)Overlay(see Figure 18)as long as they comply with the applicable buffer requirements for the BI classification. Residential uses are not permitted. :Height Limits and Density: Three-story height limit. Design Standards: The most important design goals are to enhance pedestrian and vehicular safety—particularly along SR 3. This means consolidating existing driveways, where possible,and minimizing new access points for new development and adding sidewalks and landscaping features along SR-3. Smaller scale signage should be a key design component of these areas to reduce the visual pollution of the SR-3 corridor. Design standards should encourage pitched roofs and use of natural building materials that can contribute to Belfair's visual character and identity. Non-pedestrian-oriented facades should be screened, especially on SR-3 and in pedestrian areas. Figure 19. Development examples consistent with the vision for the General Commercial zone. 22 MAKERS architecture and urban design s:t-project=0234-boU rVIan%4flml-comadoptedW234_rpt2.doc-12/10/03 LU4: Create the Business—Industrial Designation(BI) Purpose: The primary purpose of this district is to } provide for the location and grouping of industrial enterprises and activities involving manufacturing, assembly,fabrication,processing,bulk handling and storage,research facilities,warehousing and heavy trucking. It is also a purpose of this zone to protect the industrial land base for industrial economic development and employment opportunities.These purposes are accomplished by: • Allowing for a wide range of industrial and manufacturing uses. • Limiting retail uses to those necessary to directly support industrial activities. • Prohibting residential uses. Substantial landscape buffers are required for those properties adjacent to the SR-3 corridor,otherwise t Business-Industrial properties are exempted from Figure 20. most site planning and building design guidelines to B-1 Land Use Designation. maximize flexibility for the uses. Locations: Properties in the northeast corner of the UGA. Provisions for the BI designation are also applicable to industrial,manufacturing,and wholesale uses in the GC-BI overlay areas along the SR-3 corridor. Permitted Uses: A combination of manufacturing,institutional,wholesale trade, professional office,and service uses. Height Limits and Density Three-story height limit. Design Guidelines: Provide a wide landscaping buffer along SR-3 to screen uses from highway. Driveway and access guidelines to enhance safety on SR-3. IndWW we bow ou&M* ebrage or se VJ=Mes s Ono& or Figure 21. Required landscape screen for Business-Industrial uses along the SR-3 Corridor. 23 BELFAIR URBAN GROWTH AREA PLAN I LU-5: Create the Multi Family Residential(R 10)Land Use Designation ► '� �; i v ' i ' ti Purpose: The purpose of the R-10 District is to provide sites for multi family residential develop- ment that are within walking distance of commercial areas and services within the Belfair UGA. The designation provides for a density of ten dwelling units per acre,except where"critical # i e.Y lands"are present—which reduce the permitted density. Clustering of the dwelling units and properties are encouraged to protect open space P " i and water quality,reduce infrastructure needs, t and enhance energy efficiency. Design standards and guidelines are important to minimize environmental and visual impacts of developments and provide amenities for residents. Protection of _, �. • �, creeks and wetlands are critical—these features should be preserved and integrated into the development as an asset and amenity for residents. Open space and play areas will be Figure 22. R-10 Land important,particularly for young families. Pedestrian access— Use Designation. between developments and to provide.access to parks,open space, commercial,and civic uses—are also very important. Locations: Properties surrounding the three commercial nodes. Permitted Uses: Apartments,townhomes,and other multi-family uses—which may be clustered on site(s). These areas will provide housing opportunities for seniors,singles, childless couples,and low income families,and other people who want to be close to services and amenities and prefer not to maintain a yard. Height Limits and Density Four stories. Maximum density of ten dwelling units per acre. Development may be clustered as long as the average density for a property or applicable properties does not exceed the 10 units per acre limit. Design Guidelines: Design guidelines will be important to minimize environmental and visual impacts of developments and provide amenities for residents. Consider density incentives that encourage the use of sustainable design principles in site design,access, building design, and landscape. Protection of creeks and wetlands is critical—these features should be preserved and integrated into the development as an asset and amenity for residents. Open space and play areas will be important,particularly for young families. Pedestrian access—between developments and to provide access to parks,open space,commercial,and civic uses—is also very important. ,r Figure 23. Development examples consistent with the vision for the R-10 zone. 24 MAKERS architecture and urban design &:-W�34-belf*WaM MM-W�234 rpt2.doc-17JIQ 03 LU-6: Create the Medium Density Residential(R 5)Land Use Designation Purpose: The purpose of the R 5 District is to provide sites for moderate density residential development within the V = Belfair Urban Growth Area.The district allows fora density of five dwelling units per acre, except where "critical lands"are present—which reduce the permitted density. Clustering of the dwelling units and properties are encouraged to protect open space and ? water quality,reduce infrastructure needs,and enhance energy efficiency.Multi family dwelling units are permitted as long as they do not exceed the density ," requirement and minimize impacts to adjacent single family dwelling units. _ Locations: Some areas west of the SR-3 corridor and on the plateau. Permitted Uses: This generally includes cottages, attached singled family,and detached single family :7 1"*`- uses. Where uses are clustered to concentrate Figure 24. infrastructure and preserve sensitive natural areas or open R-5 Land Use Designation. space,the housing could include townhouses or small- scale apartment buildings. Height Limits and Density_ Three-story base height limit. Maximum density of five dwelling units per acre. Design Guidelines: Design guidelines for single family will focus on site planning and access issues. For example,new developments should be integrated with open space, local and regional trail systems,and sensitive natural areas. New developments should accommodate Encourage use of sustainable design principles. Figure 25. Development examples consistent with the vision for the R-5 zone. 25 BELFAIR URBAN GROWTH AREA PLAN LU-7: Create the Single-Family Residential(R 3)Land Use Designation Rg=se: The purpose of the R-3 designation is to provide sites for detached single family residential development within the Belfair UGA. The designation allows for a density of three dwelling units per acre, except where"critical lands"are present, which reduces the permitted density. Clusteringof the dwelling units and properties are encouraged to protect open space and water quality, I` reduce infrastructure needs,and enhance energy efficiency. Multi family dwelling units are T conditionally permitted as long as they do not exceed the density requirement and minimize impacts to adjacent single family dwelling units. Locations: Hillsides east of SR 3,sensitive areas north of downtown,and properties :< northwest of Salmon Center. Permitted Uses: Mostly detached single family uses at a lower density due to topography or . Figure 26. natural site constraints. Where uses are clustered to R-3 Land Use Designation. concentrate infrastructure and preserve sensitive natural j areas or open space,the housing could include townhouses or small-scale apartment buildings. Height Limits and Density: Three-story base height limit. Maximum density of three dwelling units per acre. Design Guidelines: Integrate developments with open space,trails,and natural areas. Encourage use of sustainable design principles. 26 MAKERS architecture and urban design e.Vprg9cfiO=234-oelra AOan14**1-omeaopte W34 rpn.d=•12/10ro3 LU-8: Other Land Use Actions and Recommendations �# A. Create the Long Term Agricultural (LTA)Land Use i Designation. The purpose of the LTA designation is to support commercial agriculture and provide open space within the Belfair UGA. Applicable sites are on the west side of Old Belfair Highway north of the downtown area. This designation permits single a family uses and agriculture-related uses. The base ..; residential density is one dwelling unit per 10 acres. However,density credits of up to three dwelling units " per acre are permitted provided that the increased density is transferred to lands outside the LTA designation but within the UGA. B. Restrict the siting of adult businesses in the UGA. The Figure 27. community wishes to strongly discourage adult businesses LTA Land Use Designation. and minimize their presence in the UGA. The County should involve the Belfair community in their development guidelines for adult businesses in Mason County. 27 BELFAIR URBAN GROWTH AREA PLAN i 1 Transportation Recommendations Appendix 3,the Belfair Transportation Technical Report dated June 9,2003,provides extensive background information on relevant transportation issues in the Belfair UGA—including existing conditions,projected conditions,improvement issues and options,design guidance,and a description of potential improvements. Figure 28 below and the list on the following pages identify and describe the final recommendations from the report. I 4y� f' - rya i� ` ram i econm in TM*sown Improtiwrrwnls r OWN 8R-3 an the pletieaa T4:F yids taff c caMldnp and— T-&I.wroW ax(elYrMp T41:PmIda Old Ieunkir (PAIln Muea#} ia�aair b eWeen W3 and allih n Lerw T-3:PMWs safely inapl+vrar at •�� . SRQ�II�r4lle*01�►�.i � f �J �r.,y �'. f TO Dwdop bawl s=Wi Fib Ip ao�tyllef+QUOrf t� { _ rriMli A- g!"PrIndNwd0w&hypsee mule an �Jwr `',;��'=� T-9;fasrMoll►�1 isbel'1»I1r� T.1:Upprede Ed We 1 # .7 � .•�• � �WMMY Ions,Coafi craft and eaha H6j/8t iM!pidii'bliri�Odi�i .F ,-�f"�t ..��{•�,P'�'F t�y_ � } '11 ,f I,S lAr N _Tom:P1QYw7V u vn6'$a lip T-2 PmWi eef►ety !r Sub, Aram Plan Figure 28. Transportation recommendations. 28 MAKERS architecture and urban design 3:MpnojedWZO2U-b8Ua rwan *w-=�23q_r2.wc-1211=3 SR-3 Upgrades T-1: Upgrade SR-3 to three-lane configuration and enhance bicycle and pedestrian access. Maintain one lane in each direction and add a center turn lanetmedian,bike lanes, curb/gutter/sidewalk or shoulder/swale(depending on location),and planting strip between Romance Hill Road and SR-106. Work with property and business owners along corridor to consolidate and narrow driveways along the corridor to improve safety. Also see"Notes on the Timing of T-1 and T-6 Improvements"below. it Figure 29. " Existing condition's on SR-3. Figure 30. Throe-lane configuration with shoulder. Figure 31. Three-land configuration with curb and gutter. 29 BELFAIR URBAN GROWTH AREA PLAN T-2: Provide safety improvements at the SR 3/SR 106 intersection. Install a permanent traffic signal. Consider consolidating southbound"wye"into main intersection to slow traffic. Construct median to offset from northbound left-turn lane. Funding from the County may be available in conjunction with temporary lighting due to scheduled 2006 Hood Canal Bridge construction. T-3: Provide safety improvements at the SR 3/SR 300 intersection. Prohibit eastbound left turn from SR 300 to SR-3 by installing a center median. Since this is primarily a safety improvement,it will likely be eligible for WSDOT funding. T4: Provide traffic calming and entry improvements along SR 3. Install center landscaped medians.on SR-3 north of Cokelet Lane.and south of SR-106 and at other locations. T-5: Truck access improvements along SR 3 on the plateau. Review major truck access points to determine if additional acceleration lanes and/or traffic signals could improve truck access onto SR 3. Alternative North-South Route(Byaass) T-6: Develop an alternative north/south bypass route on the plateau. Continue to pursue an alternate route to SR-3 on the plateau to the east. This will relieve traffic congestion on SR-3 through Belfair and accommodate new development. Provide one lane in each direction together with necessary turn lanes, ) center median,bicycle access,landscaping,and sidewalks. Notes on the Timing ofT-1 and T-6 Improvements: The alternative north/south route timing should be moved up to start construction within three to five years of the completion of SR-3 (Action T-1),or sooner if warranted The planning timeline on this route should be determined by the County. Due to the community's concerns for downtown Belfair,at no time should the construction of this route be moved in front of Action T-1. The transportation analysis indicates that the alternative north/south route will be needed in the future. The implementation for a project of this magnitude, especially with no funds allocated at this point is normally about 10 to 15 years. Analysis indicates that SR-3 can handle the projected growth and traffic increases during this period if the lane,intersection and access management improvements are made. The community and the County should start now toward implementation. The first steps for implementing the alternative north/south route are to secure funds for a corridor plan/preliminary design,establish ROW/property agreements,and then seek funding. It appears that funding can be achieved only if the community and County are united in their message to the funding sources and that there is a clear plan and necessary property agreements in place to show that the community/county team is serious. Pursuing the eventual construction of the alternative north/south route should not in any way delay SR-3 improvements. The third lane,intersection and access management improvements 30 MAKERS architecture and urban design s:N-pM9ctW210M-beUa A0anW&w-comad*ed10234_W.doc-12H0W on SR-3 are critical for safety and capacity whether or not the by-pass is constructed. Construction of these improvements can most effectively timed with the sewer improvements and can also upgrade drainage issues, stream crossings,pedestrian movement and visual qualities. So this project is a necessary and highly beneficial short term project that the community should look forward to. The benefits of the SR-3 improvements can be greatly magnified if the property owners and businesses undertake a program to reduce driveway conflicts,add landscaping,improve signage and augment sidewalk construction. So the project can also foster community/County cooperation. In summary,the SR-3 improvement process should be continued with a target date timed to the sewer line installation, and the community and county should begin a rational,cooperative planning and implementation process for the construction of the bypass. Other Transportation Improvements T-7: Signalize the Clifton Lane/Old Belfair Highway intersection. Install a traffic signal at this intersection when warranted. Include pedestrian sidewalks and signals on all four legs of the intersection. T-8: Provide Old Belfair highway(Main Street)improvements between SR-3 and Clifton Lane. Install sidewalks and landscaping along the street edge. Consider landscape median treatments at key locations where they would not affect access to adjacent businesses. Consider mid-block pedestrian crosswalk. } T-9: Develop local access roads in conjunction with new development. As new development occurs along the SR-3 corridor,encourage developers to construct local access roads to the side or behind properties to enhance circulation. This action also applies towards connecting existing roads,where possible. Access easements to adjacent properties should be required to provide continuity in the local access roadway network. Pedestrian access(walkway or sidewalk)should be provided along the side of the roadway closest to buildings. 31 BELFAIR URBAN GROWTH AREA PLAN Table 2 below summarizes the list of improvements along with a priority,which is based on the urgency of the need. An estimate of when the improvements are needed was also made. This is the time the improvement should be implemented. Some of the improvements could be completed anytime,since they would not be affected by growth in Belfair's traffic. Table Z Summary of Recommendations # Location Improvement Priority Timing T 1a SR-3 from Romance Widen roadway to three lanes. High 3 to 5 years Hill Road to SR-106 T-1b SR-3 Driveway Consolidate and narrow driveways.Periodically review High Now Consolidation operations of private driveways and implement turn restrictions based on congestion or accident experience T-1c SR-3 Sidewalk Install sidewalk between Cokelet Lane to Romance Hill Road Medium Anytime on both sides of SR-3 T-2 SR-NSR-106 Install"permanenf traffic signal. High Now Intersection T-3 SR-31SR-300 Prohibit eastbound left turn from SR-300 to SR-3.Install Medium Anytime Intersection center median T4 SR-3 Medians Install center landscape medians on SR-3 north of Cokelet Low Anytime Lane and south of SR 106 and at other locations. T 5 Truck Access Review major truck access points(e.g.,Weyerhauser Road, Medium Anytime industrial driveways)to determine if addition of acceleration } lanes or traffic signals could improve truck access onto SR-3. T-6 SR-3—Alternate Support construction of an aitemate route to SR-3 through High 10-15 years Route the Belfair UGA_ or when warranted T-7 SR-=Clifton Lane Install traffic signal Medium 8 to 10 Intersection years T-8 Old Belfair Highway Complete sidewalk network,install landscape and median Medium Anytime Improvements treatments. T-9 Develop local access Encourage developers to construct local access roadways on Medium Anytime roadway properties fronting SR-3.Require access easements to adjacent properties. 32 MAKERS architecture and urban design s:4roJec110210234-beKw;ftn44Nna1-carWoP WW234_rPMdoc-12/10/03 Parks, Trails, Open Space, and Public Facility Recommendations am M OMMMIM"MM MEW +IU1NlIIQ■eee ` IMPMved b1i111�Itedii5Ai,1 ! : T MMM iI~ tii i f r aJ/t 1 L' �Dfllf eeaeMiw t- 'f 9 — �A dli MDII�bI1T1 i� `+ I �11�Q11�1�niltlYtlds '� ,+�4 —�•�-+' 1� �' wsI eeKl I _ biq"Mradwes piano - Ptepa�ea pm ' E" �a 81 corridor and hw oh ■i i i iPjapoft MOM plpwpwa�lw�ird+ahYlY�lilf� @Mnwl11 PIN ifeil%F ZZ Ilk 41 R t i t 1 Y r t !. � � •R�« '.j-� of t� I �a peat fl89r ,r , r y �-`s• f r f r�`•' t Expend the wpbm {.'r r No1101hadtMaod Perk d trek eseodeied y I Weftni6 awAscisd tmft an thIp. to 1 41 r r 1 t r 1 �Ci r•. ProiA1,1 tIIIINki6i -fit t —• •:phi• .,.:f t J � 1 f 'r fry 't'rt •, ,�_I�.�-�.— . ,` '� .1,r.'. Figure 32. Parks, trails, and open Space recommendations. 33 BELFAIR URBAN GROWTH AREA PLAN P-1: Expand stream corridor,wetlands,and critical areas protection. The preliminary zoning recommendations call for lower densities in most of these areas. Maintain and enforce the current critical areas ordinance. Proposed regulations and design guidelines also encourage clustering of development to protect these resources. See Water Quality Recommendations below for additional measures to protect water quality and stream integrity. P-2: Create a centralized plaza space within the proposed Festival Retail Zone downtown. The plaza would the focal point of social,cultural,and civic activities in Belfair. The plaza should be design and sized large enough to hold the local farmers market. The plaza should be relatively informal in its design and feature festival retail uses,space for outdoor dining and socializing,pedestrian amenities,and landscaping features. Proposed design guidelines address attractive pedestrian connections within the core. P-3: Develop a park near downtown. One possible location for the park is on the east side of SR-3 near the Old Belfair. Highway intersection. This site could be assembled from underused County property and donated land. It would be a good location for a farmers,market and other civic activities benefiting from highway exposure and a central location. Incorporate a farmexs market at the site. The park should be clearly visible from the street and contain sufficient parking. Improved crosswalks should be installed to connect this site to the downtown core. See Recommendation T-3. 1 P4: Develop parks in conjunction with new residential development on the plateau. New residential development should include smaller neighborhood parks. The area also provides the best opportunity for a larger park towards the northern end of the plateau to serve the north Mason County region., The larger park should include active uses,such as ballfields,that draw from the greater Belfair area. P-5: Expand the system of trails associated with the Theler Wetlands. The existing trail system should be extended and a new trail added along the eastern fringe of the wetlands area paralleling SR-3 and connecting the Salmon Center with future corridor developments,the downtown area, and the proposed downtown park. (See PA) P-6: Install a trail/bikeway system along SR-3. Provisions for pedestrian and bicycle travel are important for both local and regional circulation. Part of the SR-3 widening to three lanes in the south should include,at a minimum,sidewalks and widened shoulders for bicycles. Pedestrian/bicycle trails should be added to SR-3 sections that already feature three lanes wherever there is sufficient right-of-way. 34 MAKERS architecture and urban design 8:4-*WM234-bWah 4ftnµ k18k0M8dOD1ed10234 rW.doc-12/10/03 "IIWIII .IIII-I- II III P-7: As part of development,construct a walking trail along the ridge top east of the SR-3 corridor. Sections of this hiking trail could be constructed in conjunction with new residential development and would connect future residential developments on the ridge-top east of SR-3,providing dramatic views of the Theler Wetlands,Lynch Cove,and the Olympic Mountains. P-8: Develop a system of connected trails on the plateau. A combination of multi-purpose trails and walking trails connecting residential areas with parks,open spaces,commercial uses,and other neighboring residential areas should be constructed. The network should include a north/south trail paralleling the bypass route. Trail connections to the plateau retail center and the SR-3 corridor are also very important. Implementation could be a partnership between the developer(s),the County, and the State(associated with bypass construction). P-9: Create a trail and sidewalk system that loops within and around the downtown area. This would be a walking trail that would connect future residential areas on the fringe of downtown with the wetlands,proposed downtown park and plaza spaces,and natural areas. i E P fi 35 BELFAIR URBAN GROWTH AREA PLAN 1 Water Quality Recommendations W 1: Install sanitary sewer trunk line within the next 5 years. This is an essential first step in upgrading water quality while accommodating growth. The County is currently engaged in planning a trunk line extension into Belfair within the next approximately five years. W 2: Undertake a program of local water quality detention facilities to reduce pollutants in local streams and in the canal. Prior to 20t'century settlement,the low lying wetland areas along Union River and Hood Canal retained and filtered storm water runoff before it entered the bay. Now,not only do human activities add considerable pollutants,the development has reduced the land's ability to-naturally clean the water. It is especially important to prevent run-off from new roads and pavements from flowing directly into natural streams without prior treatment. One way to lessen this problem is to,over time,install a series of treatment facilities that filter out the pollutants through a system of ponds and swales. An example of this type of facility is planned to handle the water from the new clinic development near Romance Hill Road. This system could be studied as a prototype for other applications. W-3: Continue current collaborative,inter-agency efforts to monitor and upgrade water quality. W4: Encourage an education and volunteer program encouraging local residents and property owners to adopt"best practices"regarding stream and wetland maintenance and low impact development. The Salmon Center and local schools may provide excellent opportunities to initiate educational programs. 36 MAKERS architecture and urban design $:\pW*ct10Z0234-beft 234_rplU=-12/10/03 Implementation Strategy Participants in the Belfair Sub-Area Plan envision their community evolving from a"pass through"center on the SR-3 corridor to a cohesive,multi-dimensional community with a strong, intimately scaled downtown,attractive residential neighborhoods,an upgraded highway corridor with a second north-south link,a new Salmon Center that along with the area's environmental setting serves as a regional draw,and a new mixed-use development on the plateau. This is an ambitious vision. It will require years of sustained efforts on the part of all community interests including business and land owners,residents, environmental advocates,and Mason County and Washington State agencies. Unincorporated communities implementing improvement plans generally face additional challenges because they do not have a self-contained local government specifically addressing their concerns. County governments,because of their broad geographic jurisdiction and rural context,generally find it difficult to focus on the needs of a single urban growth area. In addition,there is no formal local organizational structure to initiate improvement actions or coordinate efforts as is typical in even a small town. Because of these challenges,it is especially important that local citizens cooperate.to initiate improvement efforts and consistently advocate county and state governments for the necessary public actions. Therefore, successful implementation of the Belfair plan depends on the ability of the various local interests to organize and cooperate for mutual benefit. Current conditions and community priorities identified during the planning process suggest a three phase implementation strategy. The first phase,to be initiated immediately is to create a sound framework for future work by establishing the necessary regulatory provisions,planning for SR-3 corridor and sewer line construction and organizing local interests to initiate small scale downtown improvements. Given the current economic climate and the time it takes to secure public funds and most of the immediate visible improvements will likely be rather modest;such as a new small business,consolidated driveways,or a renovated property. But such actions are necessary to provide the spark for later efforts. As in the case of building a camp fire where you need to start with tinder and twigs before you can pile on the big logs,community redevelopment often requires starting with small,immediately achievable efforts and not waiting for the larger projects. Phase 2 should complete the initial infrastructure improvements along the SR-3 corridor necessary for the redevelopment of the urban growth area and hopefully add the Salmon Center as a regional attraction. During this phase,downtown interests should also accomplish the highest priority projects to take advantage of the corridor improvements and encourage the development of close-in residential development. In addition,planning and funding acquisition of the"by-pass"corridor be initiated. It is during this period that the community will begin to see both major public improvements and increased interest in substantive higher quality private development. 37 BELFAIR URBAN GROWTH AREA PLAN I During Phase 3,the community,the County and the State should work together to complete the north-south bypass,extend utility lines and capitalize on the work of the previous phases. By this time,if the real estate market has matured,development should be in full swing with infill redevelopment around the downtown,along the corridor and on the plateau. It is difficult to estimate the timing of these three phases for several reasons: • Development trends depend on the growth of the regional and South Kitsap Peninsula economy,both of which are difficult to predict at this time. • The short term effect of the new sewer line in stimulating local growth is also difficult to predict. The funding of major public infrastructure is currently difficult,given the budget difficulties at all levels of government. • The timing of positive projects such as the Salmon Center and regional trails is also unpredictable at this time. Given these uncertainties,the general timing of the various recommended actions cannot be overly specific,but preliminary targets can be identified. In general terms,Phase 1 is set at 1 to 2 years,Phase 2 from 3 to 7 years and Phase 3 from 7 to 15 years. Of course,during this time certain critical needs or funding opportunities may arise that spur or delay a specific recommendation. The proposed phasing schedule detailed below is intended as a rough guideline based on an overall strategy. Phase 1-1 to 2 years • Adopt development regulations and implement other regulatory actions. (Recommendations LU-1 through 8). This is a necessary first step to help insure that new development fits the community's vision. • Continue water quality improvement efforts. (Recommendations W-2 through W-4). • Design the SR-3 and sewer trunk line improvements. (Recommendations T-1 and W-1) • Plan driveway consolidation/streetscape improvements for properties along SR-3. This is a necessary adjunct to the SR-3 street improvements. (Recommendations T-lb and P-6) • Establish a downtown improvement task force to initiate collaborative projects such as pedestrian network,farmer's market/park,etc. (Recommendation LU-1,P-2,P-3,and P-9) Phase 2—3 to 7 years • Complete SR-3 improvements and sewer trunk line. (Recommendations T-1 andW-1) • Construct the Salmon Center and initial trail connections to the north into downtown. (Recommendation P-5) • Complete intersection and pedestrian improvements in downtown. (Recommendations P-5 and P-6) • Begin design and funding acquisition on the alternate North-South route. (Recommendation T-6) 38 MAKERS architecture and urban design s:4n4-W=34-baakVan416nal mvdopted10234 rpt2.doc-12/10/03 Phase 3—7 to 15 years • Construct alternate North-South route. (Recommendation T-6) • Add park and other needed community services. (Recommendations P-4 and P-8) • Complete trail system. (Recommendations P-1 through P-9) i i i ;I y I i 39 BELFAIR URBAN GROWTH AREA PLAN Appendices 1. Belfair Development Regulations 2. Belfair Economic Analysis 3. Belfair Transportation Technical Report 4. Additional Environmental Features BELFAIR URBAN GROWTH AREA PLAN