HomeMy WebLinkAbout2022/01/18 - Regular .>ee°� c•cuhr
Board of Mason County Commissioners
Proceedings
Commission Chambers
411 N 51h St, Shelton, WA 98584
January 18, 2022
1. Call to Order—The Chairperson called the regular meeting to order at 9:00 a.m.
2. Pledge of Allegiance—Cmmr.Neatherlin led the flag salute.
3. Roll Call—Present: Present: Commissioner District 1 —Randy Neatherlin; Commissioner
District 2—Kevin Shutty;Commissioner District 3—Sharon Trask.
4. Correspondence and Organizational Business
4.1 Correspondence
4.1.1 Washington State Liquor and Cannabis Board sent in the following:a marijuana application
for PT Enterprise LLC,a marijuana license due to expire,and a liquor license for Laurie's
Hoodsport Gift&Liquor.
4.1.2 Sandy Tarzwell,Wes Martin, Steve Pierce,John Campbell,and Leanna Krotzer sent in
applications for the Mason Transit Authority.
4.1.3 Timberland Regional Library sent in 2022 Budget documents.
4.1.4 Brenda Hirschi sent in a letter of resignation from the Board of Equalization.
4.1.5 Marla Morgan sent in a letter requesting to change the speed limit on E Grapeview Loop.
4.2 Mark Neary presented the Mason County Board of Equalization News Release.
5. Open Forum for Citizen Input
Greg Sypnicki commented that he watched the March 23,2020 Briefing at which all three
Commissioners,Loretta Swanson,and Richard Dickinson discussed the urgency of accepting the
$8 million loan to extend the Belfair sewer. In that meeting the loan was unanimously approved
because Cmmr. Shutty and Cmmr.Trask agreed that repayment of the loan would be a burden on
the County,not on the utility itself. Cmmr.Neatherlin felt there were better ways to extend the
sewer with less risk,he was agreeable to accept the loan if it did not put a bigger burden on his
community and made his concerns very clear. Cmmr. Shutty suggested eliminating a rate increase.
Greg read the signed loan contract. Under special terms and conditions governing the loan
agreement,the contract reads"the contractors shall adopt a rate increase of$87 to the base monthly
rate per ERU or demonstrate there has been an increase in ERUs prior to project completion".
Greg would like to know the discrepancy and feels there was a"meeting of the minds"that Cmmr.
Neatherlin's community would be spared the burden of having their rates increased if things did
not go as planned.
Brenda Hirschi shared that she is perplexed about the rates for the ERUs. The$87 has shown up a
couple times now and it has not been applied. Brenda has been told that the Commission is
committed to keeping rates at the current level and would like this discussed at the January 31
meeting. How many ERUs will it take to bring this special fund solvent and comply with State
findings for the last five years? Why would the sewer extension go into undeveloped land which is
not part of the Urban Growth Area while there are many homes in that area left using septic
systems? Brenda would like the County to address what is being done to inspect and enforce the
quality of the septic systems. It is agreed that we want to keep the water clean and safe as well as
have a long-term solution to the financial condition of the Belfair sewer system.
6. Adoption of Agenda
Cmmr.Neatherlin/Trask moved and seconded to adopt the agenda as published. Motion carried
unanimously. N-aye; S-aye; T-aye.
7. Approval of Minutes
Cmmr.Trask/Neatherlin moved and seconded to adopt the January 10,2022 Briefing Minutes;
January 10,2022 Special Minutes; and December 21,2021 Regular Minutes as presented.
Motion carried unanimously. N-aye; S-aye;T-aye.
8. Approval of Action Agenda
8.1 Approval of Warrants&Treasure Electronic Remittances
Claims Clearing Fund Warrant#8085300-8085621 $ 1,527,519.48
Direct Deposit Fund Warrant#83715-84104 $ 801,707.21
Salary Clearing Fund Warrant#7006381-7006415 $ 1,067,792.98
Treasurer Electronic Remittance $ 1,362,546.63
8.2 Approval for the Emergency Management Coordinator/Lead to sign the State Homeland Security
Program(SHSP)FY-21 Grant Contract no.E21-064 amendment for$20,441 from the
Washington State Military Department and US Department of Homeland Security.
8.3 Approval of the Resolution deleting budgetary accounting Fund no.404 North Bay Case Inlet
Sewer Utility Reserve Fund and Fund no.405 Wastewater System Development Fund. (Exhibit
A,Resolution No.2022-003)
8.4 Approval to adopt the Mason County Public Records Policy as presented. (Exhibit B,
Resolution No.2022-004)
8.5 Approval of the FY-21 Emergency Management Performance Grant(EMPG)American Rescue
Plan Act(ARPA)contract no. E22-205 in the amount of$14,205 with a 50%match from the
2022 Department of Emergency Management salaries and supplies budget lines.
8.6 Approval to post and hire the Emergency Management/Parks Manager position which replaces
the vacated Emergency Management/IT/Parks Manager position.
8.7 Approval of the contract amendment for the Belfair Urban Growth Area(UGA)Planned Action
Environmental Impact Statement(EIS)and the increased budget in the amount of$9,855.
8.8 Approval to set a Public Hearing on Tuesday,February 15,2022 at 9:15 a.m.to consider the
adoption of a Planned Action Ordinance,zoning amendments,subarea plan amendments,and
development regulation amendments related to the Belfair UGA Planned Action EIS.
8.9 Approval to set a Public Hearing on Tuesday,February 15,2022 at 9:15 a.m.to consider
approving the amendment to allow Mason County Public Utility District(PUD)no. 1 to
construct,operate,and maintain their fiber optic communication in the County rights-of-way.
8.10 Approval of the Resolution for Road Vacation no.410 petitioned by Mary Leighton vacating W
Walnut Street and Fourth Street,subject to the following provisions that have all been satisfied:
1. Payment of$9,581.96 which is fifty percent(50%)of the appraised value for Class A
easements.
2. The petitioner will be required to relocate the existing board fence to match the right-
of-way line along Third Street.
3. An easement for ingress and egress or any other purpose,if any,will be retained. In
accordance with RCW 36.87.170,an easement will be retained in favor of Mason
County for any utilities present in the rights-of-way. (Exhibit C,Resolution No.
2022-005)
8.11 Approval for the Chair to sign the Federal Emergency Management Agency(FEMA)Applicant
Agent Designation Letter and the Board to sign the FEMA Signature Authorization forms for
three FEMA disaster declarations:4253-DR-WA and 4418-DR-WA 2018 Severe Winter Storms
and 4481-DR-WA 2020 COVID-19 Pandemic.
Item 8.11
21January 18 , 2022 Commission Minutes
Cmmr.Neatherlin mentioned that after the Declaration of Emergency he has been receiving phone calls
from constituents who had damages and would like to apply for help with damages on their properties.
Mark Neary encourages individuals with damages to their property to register those damages with the
County via the Emergency Management website. Submitted information will be gathered together
along with other governments in the County and sent to the State Emergency Operations Center to
determine total cost for this disaster and if the Governor will request FEMA.
Cmmr.Neatherlin/Trask moved and seconded to approve action items 8.1 through 8.11. Motion
carried unanimously. N-aye; S-aye; T-aye.
9. Other Business(Department Heads and Elected Officials)
Dave Windom gave an update on testing kit availability. 9,000 rapid test kits,each including five,
have been received to push out to the community. 20,000 more were ordered and should come in
this week as well as 20,000 next week. Access to those kits will also be provided through Amazon
when available. Dave is unsure if the kits through Amazon will be rapid tests.
10. 9:15 a.m. Public Hearings and Items Set for a Certain Time
Please see above options to provide public testimony. These options are available only while COVID-19 OPMA
meeting restrictions are in place.
10.1 Public Hearing to consider amendments to Title 17 Zoning Code regarding height limits,
reduction of standard side yard setbacks,and accessory dwelling unit(ADU)requirements
within specific zone in the Rural Lands and Urban Growth Areas(UGAs)of Mason County.
Staff:Marissa Watson(Exhibit D,Ordinance No.2022-006)
Marissa Watson shared that the proposed Title 17 Zoning Code changes met the public notice
requirements. The Planning Advisory Commission(PAC)had a public meeting November 15,
2022 and recommends approval. Advertisement was in the Shelton-Mason County Journal
November 4 and 11,2022. Advertisement for this Public Hearing was in the Shelton-Mason
County Journal December 16 and 23,2022.
There are three components to this Title 17 Zoning Code amendment. First,eliminating the 55'
height maximum in specific areas within the Urban Growth Area(UGA). There are some zones
within the UGA where the maximum is 35',45',and 55'. Applicants will still need to go
through a special use process so the public will have the opportunity to make comment on
density,aesthetics,etc. This is being changed due to input from individuals interested in
housing and commercial projects in the UGAs where the 55' height maximum was making it
difficult for projects to be feasible. The special use permit process will go through a Hearings
Examiner and the public will have the opportunity to comment.
Second,adding a building administrative variance process allowing for reductions on side yard
setbacks only within the residential districts of the UGAs. The application process would still
be similar;however,it would also be reviewed by the building department to meet building and
fire code.
Third,eliminating the criteria for an Accessory Dwelling Unit(ADU)to be within 150' of the
main residence and eliminating the requirement for the owner of the ADU to reside on the lot in
either the principal residence or the ADU from areas that are outside of shoreline jurisdiction.
Current code states that the ADU shall be located within 150' of the principal residence or shall
be a conversion of an existing detached structure. Through the State Environmental Policy Act
(SEPA)process positive comments were received from Public Utility District No. 3 (PUD 3).
Diane Hartley sent in concerns regarding increased density. Marissa shared that these changes
3 January 18 , 2022 Commission Minutes
should not increase density.
Public comment from Diane Hartley was read into record regarding her opposition to the zoning
code changes. Diane's concerns included increasing the amount of housing possible to build
without addressing infrastructure,traffic congestion,and quality of life.
Cmmr.Neatherlin commented that Diane's concerns are valid and that it can increase density
when more homes or apartments are brought in. However,the special use process must be gone
through and the main concerns will be looked at to guarantee that the right decisions are made.
Traffic from growth will impact all of these people but there is a need for housing. The ADU
change,while it could allow for more density, may not have the reserve area for the septic to
build an ADU unit. These smaller homes are important because they can help families or rent
to individuals in the community at a reasonable rate.
Cmmr.Neatherlin/Trask moved and seconded to approve to adopt amendments to the
Mason County Code Title 17 relating to height limits as described in Attachment A,
accessory dwelling unit requirements as described in Attachment B,and an administrative
reduction process for side yard setbacks in the Urban Growth Areas as described in
Attachment C. Motion carried unanimously. N-aye; S-aye; T-aye.
11. Board's Calendar and Reports—The Commissioners reported on meetings attended the past
week and announced their upcoming weekly meetings.
12. Adjournment—The meeting adjourned at 9:44 a.m.
BOARD OF COUNTY COMMISSIONERS
ATTEST: MASON COUNTY,WASHINGTON
�X,Q1(l1Y)(lD �
McKenzie Smi , Cler of the Board R dy Neatherlin, UmmissfteX
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Kevin Shutty, Char
aron Trask, Commissioner
41January 18 , 2022 Commission Minutes
exhkb�k A
RESOLUTION NO.2022-003
AMENDING RESOLUTION NOS. 19-04& 61-11 AND AMENDING MASON COUNTY CODE CHAPTER 3.16
DELETION OF BUDGETARY ACCOUNTING FUND 404-000000-000-000, NBCI (NORTH BAY CASE INLET)
SEWER UTILITY RESERVE FUND, AND DELETION OF BUDGETARY ACCOUNTING FUND
405-000000-000-000, WASTEWATER SYSTEM DEVELOPMENT FUND
WHEREAS, RCW 36.32.120, states "..the board of county commissioners...have the care of the
county property and the management of the county funds and business.."
WHEREAS, the NBCI Sewer Utility Reserve Fund was established for the accumulation of
resources as required by the agreement between the WA State Department of Ecology and Mason
County for Loan No. L0000021.
WHEREAS, the Wastewater System Development Fund was established for the purpose of
financing the study, design, and construction of wastewater&water facilities prior to the establishment
of a utility.
WHEREAS, payments due to WA State Department of Ecology for Loan No. L0000021 are paid
directly from the NBCI Sewer Utility Fund No. 403, thereby making the NBCI Sewer Utility Reserve Fund
No. 404 obsolete.
WHEREAS, Mason County's utility funds are established with individual funds, thereby making
the Wastewater System Development Fund No. 405 obsolete.
NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners of Mason County
hereby resolve to delete the following county funds in the year 2022:
404-000000-000-000 NBCI Sewer Utility Reserve Fund
405-000000-000-000 Wastewater System Development Fund
THEREFORE, BE IT FURTHER RESOLVED, that the Board of County Commissioners of Mason
County authorize that beginning with the 2022 budget, Fund No. 404-000000-000-000 NBCI Sewer
Utility Reserve Fund and Fund No. 405-000000-000-000 Wastewater System Development Fund are
obsolete and may be deleted.
DATED this W� day of ar�i 2022.
ATTEST: BOARD OF COUNTY COMMISSIONERS
mq=ffla _ MASON COUNTY, WASHINGTON
McKenzie Smi h, Clerc of the Board
Kevin Shutty, Chair
APPROVED AS TO FORM:
--�-� r-rsiiffa�r.�
- Sharon Trask, Commissioner
Tim Whitehead, Chief DPA
Ran y Neat lin, Commissioner
exb\b�k C3
RESOLUTION NO.
AMENDING RESOLUTION NO. 17-18
MASON COUNTY PUBLIC RECORDS POLICY
WHEREAS, Mason County is considered a public agency as defined in the Public Records Act,
RCW 42.56; and
WHEREAS,the Mason County Board of County Commissioners adopted rules and procedures for
the County to implement the provisions of RCW 42.56 on April 1, 2008 with amendments per Resolution
no. 23-12 made on April 3,2012 and per Resolution no. 17-18 made on March 13, 2018; and
WHEREAS, it is in the interest of the County to periodically review and update its policies and
procedures; and
WHEREAS,the changes include additional definitions,the inclusion of utilizing GovQA for public
records softwar 'and for JLARC tracking purposes, updated links, additional training information and
requirements, a section for third-party notification, the addition of a body-worn video footage redaction
fees,the removal of irrelevant information,and updated language due to recent case laws.
NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners of Mason
County hereby adopts the revised Mason County Public Records Policy as shown as"Attachment A".
DATED this 18"day of January, 2022.
BOARD OF COUNTY COMMISSIONERS
ATTEST: MASON COUNTY,WASHINGTON
/-;7,
McKenzie SmUh,Cleh of the Board RandyAeathe)Q Commissioner
APPROVED AS TO FORM:
Kevin Shutty,Comm sioner
]m it ie eputy Prosecuting
Attorney Sharon Trask,Commissioner
$D6o cot,
l854
Mason County
Public Records Policy
A.PURPOSE
The purpose of this policy is to provide clear guidelines by which Mason County implements and ensures
compliance with the provisions of RCW 42.56, Public Records Act. These guidelines will allow for the
fullest assistance to requestors and ensure the timeliest possible action for requests for records while
preventing excessive interference with other essential functions of Mason County.
B. OTHER CONSIDERATIONS
1. "Public Record"means any writing containing information relating to the conduct of government
or the performance of any governmental or proprietary function prepared,owned,used,or retained
by the County regardless of physical form or characteristics. Records created or received by
employees using privately owned devices only qualify as public record if the employee was acting
within the scope of employment when the record was created or received or when the record is
subsequently used for a County purpose. Mason County strongly discourages employees from
using personal devices when conducting business. If an employee does use a personal device for
County business, the employee may be required to surrender their device to the County for
inspection.
2. A public record request only applies to records that exist at the time of the request. Requestors
cannot make"standing"requests.
3. When the same requestor simultaneously submits multiple separate requests or makes one or more
additional requests when previous requests are open, staff may queue the requests in the order in
which they were received. Staff is not required to work on additional requests until the initial
request(s)are completed and closed.
4. Automatically.generated,or bot,requests received from the same requestor within a 24-hour period
may be denied if the requests cause excessive interference with the other essential functions of the
County.
5. If a request is for all, or substantially all,records of an office or department of Mason County that
is not relating to a particular topic,the request can be denied.
C.INTERPRETATION AND CONSTRUCTION
The provisions of this policy shall be liberally interpreted and construed to promote full access to the
County's public records in order to assure continuing public confidence in government;provided,that when
making public records available,the County shall prevent unreasonable invasions of privacy,protect public
records from damage, loss, disorganization, and prevent excessive interference with essential government
functions.
D.PUBLIC RECORDS AVAILABLE
Public records are available for public inspection and copying pursuant to this policy except as otherwise
provided by law. Public records shall be available for inspection and copying during regular business hours.
The Public Records Officer may ask the requestor to make an appointment to inspect the records.
Some records are available on the Mason County website at: hqs://www.masoncoun"a.gov/.
Requestors are encouraged to view the documents on the website prior to submitting a request. Frequently
asked questions can be found on the Public Records Center website.
E.DESIGNATING A PUBLIC RECORDS OFFICER
The Public Records Officer shall serve as the point of contact for members of the public who request the
disclosure of public records.
1. Each of the County's elected officials shall appoint a Public Records Officer who shall be
responsible for the implementation and compliance with this policy and the Public Records Act. If
a Public Records Officer is not appointed,the Public Records Officer shall be the Elected Official.
The departmental Public Records Officer will be available for assistance to the public and may
delegate any of their responsibilities to department staff but will ultimately remain responsible for
overseeing compliance with the Public Records Act and Public Records Policy.
2. An alternate Public Records Officer shall be designated by each appointing authority to act when
the designated Public Records Officer is not available due to vacation, sick leave, or is otherwise
unavailable to act.
3. Unless otherwise designated by the Board of County Commissioners:
a. The Clerk of the Board of County Commissioners shall be the Public Records Officer for
the Board of County Commissioners and for Mason County.
b. The Public Records Officer for the departments reporting to the Board of County
Commissioners shall be the department head.
c. The Public Records Officer for every volunteer board appointed by and reporting to the
Board of County Commissioners shall be the Clerk of the Board.
4. The departmental Public Records Officer shall:
a. Complete all training course requirements for the Public Records Act and for records
retention no later than ninety(90)days after assuming responsibilities as a Public Records
Officer pursuant to RCW 42.56.150 and 42.56.152;
b. Complete refresher training at intervals of no more than four (4) years as long as they
maintain the Public Records Officer designation;
c. Be responsible for creating and implementing department processes regarding disclosure
of public records;
d. Serve as the principal contact point with any requestor who has made a records request;
e. Track and log departmental time spent responding to public records requests using GovQA;
f Assist in gathering data and information required for reporting requirements under RCW
42.56; and
Mason County encourages all employees to obtain and continue public records training.
5. Each Public Records Officer shall maintain a record of all public record requests made to their
office using the GovQA Public Records software and include:
a. The requesting parry's contact information including name, address, telephone number,
and email address if provided;
b. Record(s)requested;
c. Date the request was received;
d. Date of the five-day response letter;
e. If a time extension was given;
f. If clarification was sought;
g. If responsive records were provided;
h. If the responsive records were provided in an installment basis;
i. If physical records were provided and/or scanned in;
j. An estimated completion date;
k. An actual completion date;
1. Type of requestor(individual,business,law firm, etc.);
in. Description of records redacted or withheld and the reason and RCW for redaction or
withholding;
n. Fees charged;and
o. Time spent locating and/or redacting responsive records.
6. A list of the County's Public Records Officers and their contact information shall be made available
to the public,without cost,and shall be posted on the County's website. A copy of this policy and
Public Record Request forms shall also be made available to the public,without cost,and shall be
posted on the County's website. The individuals serving as the Public Records Officer is subject
to change. Information for the individual(s) serving as the Public Records Officer shall be
communicated to the Clerk of the Board who will ensure that the most accurate information is
reflected on the County website and in the Public Records Center.
F.PUBLIC RECORDS REQUESTS—HOW MADE
Requests to inspect or copy a public record must be made to the Public Records Officer. Public records
may be inspected and/or copies may be obtained under the following procedures.
1. Public record requests should be made via the Public Records Portal or in writing and should
include the following information:
a. The requestor's name,mailing address,email address,and telephone number;
b. The date of the request;
c. If in writing,a clear indication that the document is a"Public Records Request";
d. Whether responsive records are to be sent via the Public Records Portal, email, physical
mail,or inspected in person;
e. A clear description of the public records requested for inspection and/or copying; and
f. If the request is for a list of individuals,a Declaration of Non-Commercial Purpose Form,
incorporated herein as "Exhibit A", must be signed and submitted to the County stating
that the list will not be used for any commercial purposes or that the requestor is authorized
or directed by law to obtain the list of individuals for commercial purposes with a specific
reference to such law.
2. The County does not accept public record requests via social media as social media sites are not
monitored.
3. The Public Records Officer shall document all verbal requests for public records. The Public
Records Officer will make their best effort to capture what the requestor intended to request and
will verify with the requestor what documents are being requested. The Public Records Officer's
documentation will prevail against any claim made by the requestor that the documented request
was inaccurate or incomplete. A person making an oral request for public records must provide
the information listed in the subsection above. The Public Records Officer shall seek a written
request if the response may include any of the following:
a. A list of individuals;
b. Requests not identifying a specific public record;
c. Subjects of current,threatened,or potential litigation;
d. More than 100 pages of records; or
e. Public records or information exempt from disclosure.
4. It is the requestors obligation to provide Mason County with fair notice that a public records request
has been made. When a requestor does not use the Public Records Portal or an official Public
Records Request form,or makes a request to an employee who is not a Public Records Officer,or
includes a request as part of other documents provided to the County for reasons other than making
a public records request,the requestor may not be providing fair notice.
5. Record requests are deemed received by the County during normal business hours only. Requests
sent on a weekend,holiday, or outside of business hours shall be considered received at 8:00 a.m.
the next business day.
G.RESPONSE TO PUBLIC RECORD REQUESTS
1. The Public Records Officer shall, to the extent practicable, assist requestors in identifying the
public records sought.
2. There is no obligation to allow inspection or provide a copy of a public record on demand.
3. Within five (5) business days after receiving a public record requests, excluding weekends and
holidays,the Public Records Officer shall respond to the request in writing. The Public Records
Officer shall provide one or more of the following responses:
a. The request for inspection of public records is approved and whether an appointment for
inspection needs to be scheduled by the requestor;
b. The request for copies of public records is approved and the copies of all requested records
are enclosed with the responsive or a link to the responsive documents is given;
c. The request has been received by the Public Records Officer and additional time is needed
to respond to the request and stating a reasonable estimate of time required to respond. In
addition,a revised reasonable time estimate may be needed based on:
i. Unexpected or unforeseen delays encountered during the processing of the request;
ii. Additional requests submitted by the same requestor while the initial request is in
process;
iii. Change in staffing,resources, general workload, schedule; and/or
iv. Other changed circumstances or other considerations ascertained during
processing.
d. The request has been received by the Public Records Officer and the records shall be
provided on a partial or installment basis as the records are identified, located, assembled,
and/or made ready for inspection or copying;
e. The request is denied, in whole or in part, whether by withholding a requested record or
redacting a requested record stating the specific exemption(s)prohibiting disclosure and a
brief explanation of how the exemption applies to each withheld and redacted record;
f. The requesting party is asked to provide a down payment equal to 10% of the estimated
cost of providing the records sought; or
g. The request has no responsive records.
4. When a request is for a large volume of records,the Public Records Officer may elect to provide
the records on an installment basis. If the requestor fails to arrange for the review of the first
installment within thirty (30) days of receiving a response from the Public Records Officer, the
Public Records Officer may deem the request abandoned and stop fulfilling the remainder of the
request. The Public Records Officer shall inform the requestor in writing that the public record
request is closed.
5. If, after responding to the request, additional records are found, the Public Records Officer shall
notify the requestor of the finding within two(2)business days of the fording.
6. Additional time to respond to a request may be based upon the County's need to:
a. Clarify the intent of the request;
b. Identify,locate,assemble, and/or make the records ready for inspection or disclosure;
c. Notify employees or third parties affected by the request pursuant to RCW 42.56.540; or
d. Determine whether any of the records or information requested is exempt from disclosure
and whether a denial or redaction should be made to all or part of the request.
7. If a requestor fails to clarify a request within thirty(30)business days of receiving a response from
the Public Records Officer seeking clarification, the Public Records Officer shall respond to the
portion(s)of the request that are not in question. If the entire request is unclear and no response is
received within thirty (30) business days, the Public Records Officer need not respond further to
the request and will inform the requestor in writing that the public record request is closed.
8. If the Public Records Officer does not respond in writing within five(5)business days after receipt
of a request for public records,the requestor should contact the Public Records Officer to determine
the reason for failure to respond. The requestor is entitled to seek review by the Elected
Official/Department Head or Prosecuting Attorney/Prosecuting Attorney's designee.
9. If the Public Records Officer provides an estimate of time required to respond to the request and
the requestor believes the amount of time stated is not reasonable,the requestor may request that
the Elected Official/Department Head or Prosecuting Attorney/Prosecuting Attorney's designee
review the estimate of time.
10. When a request for public records is received that concerns a subject known to involve litigation
that is pending, threatened, or anticipated, the Public Records Officer shall promptly notify the
Prosecuting Attorney of the request.
11. Staff shall not be obligated to create electronic or other records, or to convert electronic records
into a format or medium in which the records are not already maintained. When asked by a
requestor to convert an electronic record into a different format, staff is encouraged to do so if
reasonable and technologically feasible, provided such conversion is not unduly burdensome and
does not interfere with other essential job functions. Requestors may request paper copies of
electronic records, subject to applicable copying charges.
12. Responses to public record requests, including responses by email, are subject to the provisions of
the Public Records Act and the retention requirements of the Office of the Secretary of State and
shall be maintained accordingly.
H.NOTIFICATION
1. Per RCW 42.56.540, the Public Records Officer may send a third-party notice to specific
individuals to notify them that their name appears in or is the subject of a responsive record. These
individuals may seek a court order, injunction,to prevent or limit the disclosure of the record(s).
2. Individuals will have no less than seven (7) business days to notify the Public Records Officer of
their intent to seek injunction.
3. Notification will include:
a. Cover letter;
b. Copy of the original request;
c. Copy of the applicable statute;
d. All responsive records applicable to the addressee of the notification in the format in which
they will be released to the requestor.
4. All records regarding an ongoing investigation are exempt from public disclosure while the
investigation is ongoing. Complainants, other accusers,and witnesses must be informed that their
identities will be redacted from investigation records (including the investigation report) unless
they consent to disclosure.
I.EXEMPTIONS
1. When denying or redacting a public record,the Public Records Officer shall provide the requestor
with an index showing the title of the record, the author, recipient, date, number of pages,
exemption authority,and a brief explanation for withholding.
2. If a request concerns any of the following topics,the Public Records Officer should closely examine
the applicable statutes that may prohibit or restrict access and shall consult with the Prosecuting
Attorney prior to responding to the public record request. This list is not exhaustive and other
exemptions may exist:
a. Job application materials;
b. Residential addresses, personal phone numbers, and/or personal email addresses of
employees and volunteers;
c. Personnel files of current and retired employees and volunteers;
d. Taxpayer information that is private;
e. Investigative records compiled by Law Enforcement, Probation Officers, and Code
Enforcement Officers,
f. Identity of witnesses to a crime or persons who file complaints with investigation and law
enforcement agencies including the Sheriff's Office, Prosecuting Attorney, and Code
Enforcement Officers;
g. Test questions, scoring keys,or information for employment examinations;
h. Real estate appraisals made for an agency relative to the acquisition or sale of property;
i. Valuable designs,formulae,drawings, and research data;
j. Preliminary drafts, notes, or recommendations in which opinions are expressed as part of
the deliberative process;
k. Attorney work product pertaining to pending,threated,or completed litigation;
1. Attorney-client privileged communications;
m. Complaints and investigative records compiled in connection with claims of discrimination
in employment;
n. Credit card numbers;
o. Medical records and information;
p. Information pertaining to victims of a crime;
q. Information regarding organized crime;
r. Traffic accident reports prepared by citizens;
s. Industrial insurance claim files and records; and
t. Identity of child victims of sexual assault.
J.FEES
1. No fee will be charged for the inspection of a public record. No fee will be charged for locating
public records and making them available for inspection or copying.
2. No fee will be charged for searching for public records, redacting portions of the record that are
exempt from disclosure,or preparing an index of exempt documents.
3. It is within the discretion of the Public Records Officer to waive copying fees when:
a. All of the records responsive to an entire request are paper copies only and are twenty-five
(25)or fewer pages;or
b. All of the records responsive to an entire request are electronic and can be provided in a
single email with attachments of a size totaling no more than the equivalent of one hundred
(100) printed pages. If that email, for any reason, is not deliverable, the records will be
provided through another means of delivery and the requestor will be charged in
accordance with this rule.
4. A reasonable fee shall be charged to reimburse Mason County for the cost of delivering copies of
public records to a requestor, including the cost of packaging,postage, and/or delivery service.
5. The Public Records Officer may, at their discretion, send records to a private copy service for
copying, in which case the fee shall be the actual charge imposed for copying plus any and all
applicable taxes and shipping costs.
6. All required fees must be paid in advance of the release of the copies or an installment of copies,
or in advance of when a deposit is required. Mason County will notify the requestor of when the
payment is due. The County prefers not to receive cash; however, for cash payments it is within
the Public Records Officer's discretion to determine the denomination of bills and coins that will
be accepted. All checks must be made payable to"Mason County Treasurer".
7. Pursuant to RCW 42.56.120(2)(b), Mason County is not calculating all actual costs for copying
records. To do so would be unduly burdensome for the following reasons:
a. Mason County does not have the resources to conduct a study to determine actual copying
costs;
b. To conduct such a study would interfere with other essential agency functions; and
c. Through the 2017 Legislative process, the public and requestors have commented on and
been informed of authorized fees and costs, including for electronic records, provided in
RCW 42.56.120(2)(b)and(c),(3)and(4).
8. The fee for searching records,researching, and/or providing a copy of a public record is pursuant
to the default fees in RCW 42.56.120(2)(b) and (c). Mason County will charge for customized
services pursuant to RCW 42.56.120(3). Under RCW 42.56.130, the County may charge other
copy fees authorized by statutes outside of RCW 42.56. Mason County may enter into an
alternative fee agreement with a requestor under RCW 42.56.120(4). The County shall take
reasonable steps to provide the records in the most efficient and costly manner available to the
County in its normal operations. The charges for copying methods used by Mason County are
summarized in the fee schedule available on the County website. Otherwise, the following fee
schedule shall apply:
8.5"x 14"or smaller black and white copies $0.15/page
Oversized color copies $1.00/page
Greenbar computer printouts $1.00/page
All items sent to a private copy service Actual charge
Audio recordings/electronic records saved to a compact disc $5.00/compact disc
Postage and boxes Actual charge
Fax(8.5"x 11"only) $1.00/page
Envelopes $0.50/each
Electronic records sent via email $0.05/every four files
Paper records converted to PDF $0.10/page
Transmission of records in electronic format $0.1 0/gigabyte
Redaction costs for body-worn video footage *current salary
rate/minute
*This fee is for actual time to redact body-worn camera video footage for requestors who are
individuals not directly involved in the incident or their attorney.
9. The Public Records Officer may require a deposit in the amount of ten percent (10%) of the
estimated fees for an installment or an entire request or if the customized service charge exceeds
$25.00. If the Public Records Officer responds to a request on a partial or installment basis, the
requestor shall be charged for each part of the installment in response to the request. No sales tax
will be charged.
10. Failure to pay:
a. If a requestor fails to pay the required deposit,the public records request shall be deemed
complete without further action;or
b. If a requestor fails to pay for records provided, the requestor will be required to pay the
outstanding obligation in full prior to any other records requests being fulfilled.
K.PROTECTION OF PUBLIC RECORDS
1. The Public Records Officer shall,to the extent practicable, ensure that records requested are not
removed from the premises nor misplaced or misfiled by members of the public during inspections.
Original records shall not be released to the public for the purpose of allowing the individual
making the request to make copies.
2. No public records shall be filed or retained at any location other than County property. Any public
record that is prepared at an offsite location shall be promptly delivered to the County for filing.
3. No member of the public may remove an original document from any office. The requestor shall
indicate which documents they wish to have copied.
L.SEARCHING PUBLIC RECORDS—BACKUP& SECURITY COPIES
1. In order to prevent excessive interference with essential functions of the County,the County shall
not search backup or security systems for copies of public records when originals of such records
have been identified,located,and are available for inspection and/or copying.
2. Access to public records does not include access to County computer systems or terminals unless
those terminals, if any,were designed specifically for public use.
M.REVIEW OF DENIALS OF PUBLIC RECORDS REQUESTS
1. Any person who objects to the initial denial,partial denial,reasonable charges, or reasonable time
estimate to produce copies of a request for public records may petition in writing,including email,
to the Public Records Officer for a review of that decision. The petition shall include a copy of or
reasonably identify the written statement by the Public Records Officer denying the request.
2. The Public Records Officer shall promptly provide the petition and all relevant information to the
Prosecuting Attomey/Prosecuting Attorney's designee. That person will immediately consider the
petition and either affirm or reverse the denial within two(2)business days following the County's
receipt of the petition or within such other time as the County and the requestor mutually agree to.
3. Any individual has the right to obtain a court review of the denial, partial denial, reasonable
charges,and/or reasonable time estimate to produce copies of a request pursuant to RCW 42.56.550
at the conclusion of two (2) business days after the initial denial regardless of any internal
administrative appeal.
N.ELECTRONIC RECORDS
Mason County produces and maintains electronic records to maximize efficiency in fulfilling its basic
public service functions. Many electronic records are public records subject to disclosure under the Public
Records Act.
1. At the option of the Public Records Officer, electronic records may be printed and provided in
paper format. If an electronic record is not capable of being printed in an understandable format,
or if the requestor prefers the electronic record in electronic format,then the electronic record will
be provided in the native format in which the record is maintained by the County.
2. The Public Records Officer does not have an obligation to convert an electronic record to a format
that is different than the original format maintained by the County.
3. If a requestor seeks an electronic record in an electronic format that contains exempt information,
the Public Records Officer may redact the exempt information by creating a new electronic record
without said exempt information. If the requestor seeks an electronic record in its native electronic
format that contains exempt information, the requestor may be responsible for the actual costs
associated with customized access.
4. Paper records that are not available in electronic format may be converted to an electronic format
by request. The requestor will be responsible for applicable scanning fees.
O.INDEX OF RECORDS NOT MAINTAINED
For the reasons stated in Resolution no. 44-08, incorporated herein as "Exhibit B", Mason County finds
that it would be unduly burdensome to maintain an index of records.
P.RETENTION&DESTRUCTION OF PUBLIC RECORDS
The Washington State Archivist has developed retention schedules for many categories of local
government. Records of the County shall be retained and destroyed consistent with these retention
schedules. Copies of the retention schedules are available from Archives and Records Management at the
Office of the Secretary of State. If a public records request is made at a time when a record exists,but is
scheduled for destruction in the near future, the Public Records Officer shall direct that the record be
retained until the request is complete.
RETURN TO MASON COUNTY PUBLIC WORKS
100 W. Public Works Drive
Shelton,WA 98584
RESOLUTION NO. A- 2022-()05
IN THE MATTER OF THE VACATION OF BOTH ORDER OF VACATION
W.WALNUT STREET AND FOURTH STREET VACATION FILE NO.410
EASEMENTS RCW 36.87
PETITIONER: MARY LEIGHTON Page 1 of 2
WHEREAS, Mary Leighton, property owner at 121 W. Walnut Street has requested that
Mason County vacate a portion of W.Walnut Street located North of and adjacent to Block 4 in Moore's
addition to the City of Shelton and also Fourth Street located West of and adjacent to Block 4 in Moore's
Addition described as follows:
All of Fourth Street lying adjacent to and Westerly of Block 4, Lot 4,
Together with all that portion of Walnut Street lying adjacent to and Northerly of Lots 1 through
4, inclusive, Block 4 of said Plat of Moore's Addition to the City of Shelton,
Excepting therefrom that portion thereof described as follows; BEGINNING at a point on said
North line of the Plat of Moore's Addition to the City of Shelton and the Southeast corner of
Quiet Title Action filed under Auditors File No. 1931216; thence Westerly along said North line
a distance of 30.00 feet; thence leaving said North line of the plat in a Southeasterly direction a
distance of 42.86 feet to the Northeast corner of Block 4 and the Westerly right of way for North
Third Street;thence Northerly along said Westerly right of way line of Third Street extended, a
distance of 30.00 feet to the North line of said plat and said Southeast corner of said Quiet Title
Action and the terminus of this description.
WHEREAS, the Mason County Board of Commissioners agreed on May 25, 2021 by
adopting Resolution No. 2021-027 to publish and post, according to law, a notice of intent to close
and vacate the described rights-of-way and set a virtual hearing for July 28, 2021 at 1:00 p.m. with
the Mason County Hearing Examiner.
WHEREAS,a virtual hearing was held on July 28,2021 and left open for written for written
comments through August 6, 2021; and,
ORDER OF VACATION
VACATION FILE NO. 410
RCW 36.87 Page 2 of 2
WHEREAS,the hearing was re-opened on August 14, 2021 by the examiner for the parties
to answer questions posed by the examiner that were authorized through September 10, 2021; and
WHEREAS, the Hearing Examiner has considered the County Engineer's report, together
with any evidence for or objection against said vacation and has rendered to the Board his Findings,
Conclusions and Recommendations and the members of the Board have given due consideration;
and,
WHEREAS,the Petitioner, Mary Leighton, has satisfied Provisions 1. and 2.:
Provision 1. Payment of$9,581.96 which is fifty percent(50%) of the appraised value for Class A
easements.
Provision 2. The petitioner has relocated the existing board fence to match the right of way line
along 3rd Street(See Map Exhibit).
NOW, THEREFORE, BE IT IS RESOLVED; that the above described right of way is
hereby vacated; and
IT IS FURTHER OREDERED; that said vacation is subject to any existing easements for
ingress and egress or any other purpose, if any in accordance with RCW 36.87.140, retaining and
easement in favor of Mason County for any utilities present in proposed vacated rights of way.
ADOPTED this��day of�� 2022
ATTEST: BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
McKenzie SnIVh, Cl of the Board ,
Kevin Shutty, Ch r
APPROV D AS TO FORM:
im ad, Ch. DPA Sharon Trask,Vice Chair
Randy eather , Commissioner
Cc: Vacation File No. 410
Treasurer
exh�h�+ 0
ORDINANCE NUMBER
AMENDMENTTO MASON COUNTY CODE TITLE 17
ORDINANCE amending Mason County Code Title 17 relating to height limits, establishing a
side yard setback reduction process in the urban growth areas, and amending the accessory
dwelling unit requirements.
WHEREAS, under the authority of the Washington State Growth Management Act (GMA)
(RCW 36.70A) Mason County is taking legislative action to revise its development regulations;
and
WHEREAS, the height limit in most urban growth areas and the Master Planned Resort zone
of the rural areas is limited to 55-feet with a Special Use Permit; and
WHEREAS, the Master Planned Resort zone in the rural lands and certain zones throughout
the urban growth areas may be appropriate to accommodate greater building heights; and
WHEREAS, the development regulations were amended to allow for increased heights in the
Master Planned Resort zone of the rural lands and urban growth areas with a Special Use
Permit without setting the limit at 55 feet; and
WHEREAS, the development regulations for the urban growth areas are lacking an
administrative reduction process for side yard setbacks; and
WHEREAS, there are certain residential districts within the urban growth areas that may be
appropriate for establishing an administrative side yard reduction process; and
WHEREAS, the development regulations were amended to allow for a side yard setback
reduction for residential development within residential districts of the urban growth areas
with review and approval of an administrative building variance; and
WHEREAS, there are certain development regulations regarding accessory dwelling units that
either conflict with one another or are currently extraneous; and
WHEREAS, the development regulations were amended to eliminate the conflicting and
extraneous language regarding accessory dwelling unit requirements; and
WHEREAS, on November 15, 2021 the Mason County Planning Advisory Commission held a
public hearing to consider the amendment and passed a motion to recommend approval of
said amendment; and
WHEREAS, the Commissioners considered the proposed amendment at a duly advertised
public hearing on January 18, 2022; and
WHEREAS,the Board of County Commissioners took public testimony from interested parties,
considered all the written and oral arguments,testimony and comments presented; and
WHEREAS, the Board of County Commissioners also considered the Staff Report and
recommendations of the Mason County Planning Advisory Commission; and
WHEREAS, the Board of County Commissioners finds that the proposed amendment to Title
17, relating to height limits, establishing a side yard setback reduction process in the urban
growth areas, and amending the accessory dwelling unit requirements complies with all
applicable requirements of the Growth Management Act, the Comprehensive Plan, and the
Mason County Code, and that it is in the best public interest; and
BE IT HEREBY ORDAINED, the Mason County Board of Commissioners hereby approves and
ADOPTS amendments to the Mason County Code Title 17, relatingto height limits as described
in Attachment A, accessory dwelling unit requirements as described in Attachment B, and an
administrative reduction process for side yard setbacks in the urban growth areas as described
in Attachment C.
DATED this-2� day of 2022.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
ATTEST:
Randy Neathe lin, Chair
McKenzie Sm , Cle of the Board
APPROVED AS TO FORM: Sharon Trask, Commissioner
Tim hite ie DPA Kevin Shutty, Commissioner
z
ATTACHMENT A
Chapter 17.04 - RURAL LANDS DEVELOPMENT STANDARDS
Master Planned Resort (MPR)
17.04.704-Building regulations.
(c) Height. Thirty-five feet maximum except for agricultural buildings, cell towers, antennas or water
tanks, or as reviewed by special use permit, not to exceed fifty five feet
Chapter 17.07 — SHELTON URBAN GROWTH AREA DEVELOPMENT REGULATIONS
Low Intensity Mixed Use(MU)
17.07.270-Lot,yard,and open space requirements.
G. Building height: not more than thirty-five feet., or as reviewed by special use permit, not to emcee '
fifty five fee .
General Commercial (GC)
17.07.350-Maximum height.
Maximum height for the GC district shall be as follows: Not to exceed forty-five feet for buildings,
structures, and appurtenant facilities except when adjoining a zone with a lower height restriction, in
which case any structure located within one hundred feet of the more restrictive zone shall have a
maximum height as imposed by the more restrictive zone, or as reviewed by special use permito
exceed fifty five feet
Commercial-Industrial (CI)
17.07.450-Maximum height.
Maximum height for the Cl district shall be as follows: Forty-five feet, except when adjoining a zone
with a lower height restriction, in which case any structure located within one hundred feet of the more
restrictive zone shall have a maximum height as imposed by the more restrictive zone. Height may be
further restricted by airport overlay zoning, where applicable. Deviation from this standard will be
processed as a special use permit, A by spec"' use peFmi+, net t^ exr-me^,- fifty five feet
Industrial (1)
17.07.670-Minimum site requirements.
G. Maximum Height in the Industrial District Shall be as Follows: Forty-five feet, except when adjoining
a zone with a lower height restriction, in which case any structure located within one hundred feet
of the more restrictive zone shall have a maximum height as imposed by the more restrictive zone.
Industrial equipment such as cranes or communication towers or appurtenant structures is exempt.
A height limit shall be imposed if necessary, to prevent detrimental effects on the surrounding
properties and may be further restricted by airport overlay zoning. Deviations from this standard will
be processed as a special use permit, ed by speeia' use peFmi+, Rot to exceed fifty five
feet.
Public Institutional (PI)
17.07.755-Maximum height.
1
ATTACHMENT A
Maximum height in the Public Institutional district shall be as follows: Forty-five feet, except when
adjoining a zone with a lower height restriction, in which case any structure located within one hundred
feet of the more restrictive zone shall have a maximum height as imposed by the more restrictive zone.
Height may be further restricted by airport overlay zoning,where applicable. Deviation from this standard
will be processed as a special use permit, 9F aS Feviewed by ial use peFFnit, t to exrzee`' fifty five
feet.
Chapter 17.10— 17.17 ALLYN ZONING CODE
"R-3"—High Density Multifamily Residential District
17.11.550-Bulk and dimension standards.
Height Primary building:35 feet,or as reviewed by special use permit, Rat to^.,,.^ed fi4y five feet.
"VC"—Village Commercial District
17.12.150-Bulk and dimension standards.
The maximum height of any structure in the NC" district shall be 35 feet,or as reviewed by special
Maximum use permit, Rot t ,,xee d fifty five feet(not to exceed 25 feet East of SR 3),except that church
height spires, bell towers, chimneys and other architectural features may exceed the height limit by 50%
and communication facilities by as much as permitted through approval of a special use permit.
"HC"—Highway Commercial District
17.12.350-Bulk and dimension standards.
Maximum height I 35 feet,or as reviewed by special use permit, net«"exceed fift.,five fee
"BP"—Business Park
17.12.450-Bulk and dimension standards.
Maximum height limit 35 feet,or as reviewed by special use permit, net to exceed fifty five feet
Chapter 17.20— 17.35 GENERAL PROVISIONS FOR THE BELFAIR UGA
"R-5" Medium density residential district.
17.22.100-Bulk and dimensional standards.
The maximum height of structures in the district shall be as follows: Buildings containing the permitted
Height: use:35 feet,or as reviewed by special use permit,net to exceed fAy five feet Accessory structure:20
feet.
"R-10" Multi-family residential district.
17.22.150-Bulk and dimensional standards.
2
ATTACHMENT A
The maximum height of structures in the district shall be as follows: Buildings containing the permitted
Height: use:45 feet, or as reviewed by special use permit, net to exceed fifty five feet.Accessory structure:20
feet.
17.23.120- "MU" Mixed use district.
17.23.150-Bulk and dimensional standards.
The maximum height of structures in the district shall be fifty-five feet,or as reviewed by special use
permit,with the following exception:The top of buildings or structures(including rooflines but excluding
Height: church spires, bell towers,and chimneys)on the west side of SR-3 shall not reach an elevation of more
than thirty-five feet above the grade level of the roadway,within one hundred fifty feet of the SR-3
right-of-way.
17.24.010- "GC" General commercial district.
17.24.040-Bulk and dimensional standards.
The maximum height of structures in the district shall be thirty-five feet,or as reviewed by special use
Height: permit, ROt too e d fifty five feet
17.24.070—"BI" Business industrial district.
17.24.110-Bulk and dimensional standards.
The maximum height of structures in the district shall be 35 feet, or as reviewed by special use permit;
Height: et to exceed fifty five feet
3
ATTACHMENT B
Chapter 17.03 — DEVELOPMENT REQUIREMENTS
17.03.029 Accessory dwelling unit requirement.
In rural lands,accessory dwelling units(ADU) must meet the following requirements:
(1) The ADU shall be subject to a special use permit, unless in the shoreline jurisdiction, it is subject to a
shoreline permit;
(2) In shoreline jurisdiction, he owner of the ADU must reside on the lot in either the principal residence
or ADU;
(3) The ADU shall be located within ene hWAGIFed fifty fee on the lot of the principal residence or shall be a
conversion of an existing detached structure(i.e.garage);
(4) The ADU shall not exceed eighty percent of the square footage of the habitable area of the primary
residence or one thousand feet,whichever is smaller;
(5) All setback requirements must be met by the ADU;
(6) All applicable health district standards for water and sewer must be met by the ADU;
(7) No recreational vehicles shall be allowed as ADU;
(8) Only one ADU is allowed on any property;
(9) An additional off-street parking space must be provided for the ADU.
(Ord. 108-05 Attach. B(part), 2005).
Chapter 17.10— GENERAL PROVISIONS FOR ALLYN ZONING CODE
17.10.200 Allyn Zoning Code specific definitions.
The Allyn Zoning Code specifically defines the following definitions and abbreviations. For other definitions,
refer to the Mason County Code,Title 17, Chapter 17.06 Definitions:
"Accessory dwelling unit"or"ADU" means a second dwelling unit added onto or created within an existing
single-family dwelling for use as a completely independent or semi-independent unit with provisions for cooking,
eating,sanitation and sleeping.See Section 17.03.029 for requirements for ADUs as applicable.
In the Allyn UGA,ADUs must meet the following requirements:
(1) The ADU shall be subject to a special use permit, unless in the shoreline jurisdiction, it is subject to a
shoreline permit;
(2) In shoreline jurisdiction,the owner of the ADU must reside on the lot in either the principal residence
or ADU;
(3) The ADU shall not exceed fifty percent of the square footage of the habitable area of the primary
residence or one thousand feet,whichever is smaller;
(5) All setback requirements must be met by the ADU;
(6) All applicable health district standards for water and sewer must be met by the ADU;
(7) No recreational vehicles shall be allowed as ADU;
(8) Only one ADU is allowed on any property;
Created: 2021-10-20 09:05:11 [EST]
(Supp.No.57,11-21,Update 1)
Page 1 of 2
ATTACHMENT B
(9) An additional off-street parking space must be provided for the ADU.
"Group dwellings" means and includes boarding houses, nursing homes, rest homes, boarding schools,or
private residence clubs, excluding adult family homes of six or fewer persons as exempted by state regulation.
"Gross acreage"or"gross area" means all land,excluding tidelands,within the exterior boundaries of the
development,including but not limited to land allocated for open space and land to be dedicated for streets or
roads.
"Height, building' or"building height" means the vertical distance from average finish grade level to the
highest point of a building or structure excluding any chimney,antenna, or other uninhabitable vertical
appurtenances.
"Lot coverage" means the portion of a lot that is occupied by impervious surfaces,including but not limited
to buildings,parking areas,and sidewalks.
"Net acres," "Net acreage,"or"Net square feet" means the net acreage or square-footage is calculated from
the gross area of the site less any lands allocated for open space or right-of-way.
(Ord.63-07 Exh.A(part), 2007).
Created: 2021-10-20 09:05:11 [EST]
(Supp.No.57,11-21,Update 1)
Page 2 of 2
ATTACHMENT C
Chapter 17.10 GENERAL PROVISIONS FOR ALLYN ZONING CODE*
Article IV. General Regulations
17.10.460 Setbacks.
(a) Where a parcel is less than fifty feet in width the required side yard setback shall be five feet, but in no case
shall be less than required by building or fire codes.
(b) No accessory structure shall be located closer than five feet from a property line.
(c) Residential development may be eligible for a reduction of the standard side yard setback with review and
approval of a Building Administrative Variance but in no case shall the setback be less than required by
building or fire codes.
( c-) The expansion of existing residential structures located in commercial or industrial zones shall comply with
the setback requirements for the type of structure in the zone in which it is allowed.
(ed) All required setbacks shall be measured from the nearest property line,except that front yard setbacks shall
be measured from the property line or the edge of an access easement.
(fe) Proof of survey is required for any building permit for a new building or expansion of the building footprint.
The survey shall be no older than ten years unless the relevant survey monuments are visible.
(g� Additional building setback—Buildings shall be setback from the rights-of-way of the Plat of Allyn as set forth
on the"Proposed Plat of Allyn Right of Way Map",dated April 28, 2005.
(Ord.63-07 Exh.A(part), 2007).
Chapter 17.11 RESIDENTIAL ZONING DISTRICTS IN THE ALLYN UGA*
Article 1. "R-1"—Single-Family Residential District
17.11.150 Bulk and dimension standards.
Side yard 5 feet,or less with review and approval of an administrative building variance,see Section
17.10.460..
Article 11. "R-1R"—Residential-Recreational District
Side yard 5 feet,or less with review and approval of an administrative building variance,see Section
17.10.460..
ATTACHMENT C
Article IV. "R-2"—Medium Density Multifamily Residential District
17.11.450 Bulk and dimension standards.
Side yard 5 feet or less with review and approval of an administrative building variance see Section
17.10.460.
Article V. "R-3"—High Density Multifamily Residential District
17.11.550 Bulk and dimension standards.
Side yard 5 feet or less with review and approval of an administrative building variance,see Section
17.10.460.
Article VII. "R-1P"—Residential-Platted District
17.11.750 Bulk and dimension standards.
Side yard 5 feet or less with review and approval of an administrative building
variance,see Section 17.10.460.
Chapter 17.07 SHELTON URBAN GROWTH AREA DEVELOPMENT REGULATIONS'
Article 1. Neighborhood Residential (NR)
17.07.150 Lot,yard, and open space requirements.
A. Yard setbacks,size and shape of lots shall be as provided in Table 17.07.150,except in the following cases:
1. Minimum front yard:when forty percent or more of lot coverage,on a front foot basis,of all property
on one side of a street between two intersecting streets has been reached,the front yard required for
new development shall be an average of the existing front yard setbacks, but shall not be less than that
specified in Table 17.07.150;
2. Minimum side yards:a zero lot line concept may be approved if the site is part of a subdivision or
Master Planned Development and seventy-five percent of units on the site use alleys for access;For all
other residential development a reduction of the standard side yard setback may be granted with
'Editor's note(s)—Ord. No.52-19,adopted June 4, 2019,amended Ch. 17.07 and in so doing changed the title of
said chapter, as set out herein.
ATTACHMENT C
review and approval of a building administrative variance but in no case shall the setback be less than
the minimum required by building or fire codes.
Table 17.07.150
Minimum Standards With Alleys Without Alleys
Lot area 4,500 sq.ft. 6,000 sq.ft.
Front yard 10 ft. 10 ft.
Side yard 5 ft. 5 ft.
Flanking street 7 ft. 7 ft.
Rear yard 15 ft. (3 for garage) 15 ft.
Building coverage 35% 35%
Building height 35 ft. 35 ft.
Development coverage 45% 45%
Lot width 45 ft. 50 ft.
Street frontage 25 ft. 25 ft.
(Ord. No.47-09,Attach.A,6-2-2009)
Article 2. Low Intensity Mixed Use (MU)
17.07.270 Lot, yard, and open space requirements.
A. Minimum lot size:Six thousand square feet. Lots may contain more than one use and will be a shape and
design appropriate to the zone and intended uses as determined by the county.
B. Front yard: Minimum fifteen feet.
C. Side yard: Minimum ten feet.Side yard setback reduction may be granted for residential development with
review and approval of a building administrative variance,but in no case shall the setback be less than the
minimum required by building or fire codes.
D. Rear yard:Zero feet,except when property adjoins a land use district with greater setbacks,the setback of
the adjacent use shall apply.
E. Maximum building coverage:Thirty-five percent;however,this may be increased up to a maximum of fifty-
five percent if a corridor that facilitates pedestrian access through the block or along a creek, lake,or other
natural amenity is provided.
Note:This bonus is to be added to the base allowable building coverage.
F. Maximum development coverage: Maximum coverage by impervious surfaces shall be sixty percent, unless a
density bonus is granted.A maximum bonus of twenty percent is allowed. Projects that provide a corridor
that facilitates pedestrian access through the block or along a creek, lake, or other natural amenity are
eligible for this density bonus.
ATTACHMENT C
Note:This bonus is to be added to the base allowable impervious surface coverage.The provisions of
the Mason County Code regarding stormwater runoff, parking, landscaping, and design requirements may
further limit impervious surfaces.
G. Building height: not more than thirty-five feet,or as reviewed by special use permit, not to exceed fifty-five
feet.
H. Open space:All development that contains four or more attached units must provide at least 200 square feet
per unit of common open space usable for many activities.The amount of open space and recreational
facilities should be proportional to the density of the development(i.e., as density increases and/or as lots
become smaller,there is a greater need for common open space available to all of the residents,guests and
visitors to the development.)This required common open space shall at a minimum meet the following
criteria:
1. For four to twenty units,the open space must be in one or more pieces each having at least eight
hundred square feet and having a length and width of at least twenty-five feet.
2. For twenty-one units or more, a minimum of ten percent of the total space must be provided in usable
open space.The open space must be in one or more pieces having a length and width of at least forty
feet.
3. The required common recreational open space may be reduced by twenty-five percent if amenities
such as, but not limited to,the following are provided in the common open space:
a. Commercial grade children's play structure.
b. Benches or other seating features.
C. Picnic shelter.
d. Sports court.
Community Development staff shall determine if the proposed amenities provide
comparable recreation opportunities as would the open space that is reduced.
4. The open space area may be located in any required setback area,except street setbacks,so long as
the uses thereof are compatible and permissible.
5. Open spaces shall provide for uses/activities that appropriately serve the anticipated residents and
users of the development.
6. Up to fifty percent of a development's open space requirement may be satisfied by wetland and/or
critical area habitat and required critical areas buffers in consideration of the significant passive
recreation opportunities provided by said lands.
(Ord. No.47-09,Attach.A,6-2-2009;Ord. No.52-19,att.A,6-4-2019)
ATTACHMENT C
Chapter 17.22 RESIDENTIAL DISTRICTS IN THE BELFAIR UGA
"R-4" Low Density Residential District
3.7.22.050 Bulk and dimensional standards.
Setbacks: Front yard: 15 feet.
Side yard:5 feet for accessory structures and 5 feet for the dwelling unit.Side yard setback
reduction may be granted with review and approval of a building administrative variance,
but in no case shall the setback be less than the minimum required by building or fire codes.:
Street side yard:10 feet.
Rear yard:5 feet for accessory structures and 10 feet for the dwelling unit.
Street rear yard: 15 feet.
"R-5"Medium Density Residential District
17.22.100 Bulk and dimensional standards.
Setbacks: Front yard:10 feet.
Side yard:5 feet for accessory structures and 5 feet for the dwelling unit.Side yard setback
reduction may be granted with review and approval of a building administrative variance,
but in no case shall the setback be less than the minimum required by building or fire codes.
Street side yard: 10 feet.
Rear yard:5 feet for accessory structures and 10 feet for the dwelling unit.
Street rear yard: 10 feet.
"R-10" Multi family residential district
17.22.150 Bulk and dimensional standards.
Setbacks: Setbacks: Front yard: 10 feet.
Side yard:5 feet for accessory structures and 5 feet for the dwelling unit.Side yard reduction
may be granted with review and approval of a building administrative variance, but in no
case shall the setback be less than the minimum required by building or fire codes.
Street side yard:10 feet.
Rear yard:5 feet for accessory structures and 10 feet for the dwelling unit.
Street rear yard: 10 feet.
Z COMMISSIONERS
O . THOMAS J. FARMER
to LINDA R. GOTT
Q BRUCE E.JORGENSON
PUBLIC UTILITY DISTRICT MANAGER
ANNETTE CREEKPAUM
November 9,2021
Mason County Community Development
Attn: Marissa Watson
615 W Alder St
Shelton WA, 98584
mwatson@masoncountVwa.gov
RE: PUD 3 comments submitted regarding SEP2021-00087;Applicant: Mason County;Title 17 proposed
zoning code amendments
Ms. Watson:
Thank you for the opportunity to comment on the DNS- Determination of Nonsignificance issued by
Mason County, regarding the above-referenced project. Mason County PUD 3 ("PUD") has reviewed the
information provided and has the following comment(s):
A) HEIGHT STANDARDS: raising height limits beyond standard limits with review and approval of a
special use permit. Our review indicates that that there will be no limit to potential height that may
potentially be approved via special use permit for the following zones (provided that Allyn VC zone
development East of SR 3 is not to exceed 25 feet):
- Rural Lands—Master Planned Resort (MPR) (17.04.704)
-Shelton UGA—Low Intensity Mixed Use(MU) (17.07.270);General Commercial (GC) (17.07.350);
Commercial-Industrial (CI) (17.07.450); Industrial (1) (17.07.670); Public Institutional (PI) (17.07.755)
-Allyn—High Density Multifamily Residential (R-3) (17.11.550);Village Commercial (VC) (17.12.150;
subject to 25' limitation for development East of SR 3); Highway Commercial District (HC) (17.12.350);
and Business Park(BP) (17.12.450)
- Belfair UGA—Medium density residential district (R-5) (17.22.100); Multi-family residential district(R-
10) (17.22.150); Mixed Use district(MU) (17.23.150); General Commercial district (GC) (17.24.010); and
Business industrial district (BI) (17.24.070)
Amending the height limit to remove the fifty-five foot restriction has a likely outcome of increasing
density.This allows for more efficient utilization of new and existing utility infrastructure such as
electric power and telecommunications. Mason PUD 3 strongly encourages opportunities to increase
density of development in Mason County. Mason PUD 3 requests and encourages applicants to
consult with the PUD early in the planning/design process to ensure that any potential issues
regarding structural height/design can be evaluated and addressed early in the process.
P.O. Box 2148•Shelton,WA 98584•(Bus)360-426-8255•(Fax)360-426-8547
www.pud3.org
B)SIDEYARD SETBACK STANDARDS:authorizes reduction of the standard side setback for residential
development with a Building Administrative Variance within the zones listed below, provided that in no
case shall the setback be less than required by building or fire codes:
-Allyn—General Regulations (17.10.460);Allyn UGA Residential Zoning Districts (R-1) (17.11.150); and
(R-113);Allyn UGA Medium Density Multifamily Residential (R-2) (17.11.450);Allyn UGA High Density
Multifamily(R-3) (17.11.550);Allyn UGA Residential-Platted District(R-1P) (17.11.750)
-Shelton Urban Growth Area—Neighborhood Residential (NR) (17.07.150); Low Intensity Mixed Use
(MU) (17.07.270)
- Belfair Urban Growth Area—Residential Districts (R-4) (17.22.050);(R-5) (17.22.100); and (R-10)
(17.22.150)
Mason PUD 3 requests and encourages applicants to consult with the PUD early in the
planning/design process to ensure that any potential issues regarding lot layout/setbacks and
associated utility services design and installation can be evaluated and addressed early in the process.
C)ACCESSORY DWELLING UNITS: amendments to the Accessory Dwelling Unit requirements that
provide greater flexibility in who resides on the property in non-shoreline jurisdiction areas and deletes
the requirement for ADUs to be within 150 ft of the main residence
Mason PUD 3 has no comments for this section.
SUMMARY COMMENT:Although the information provided to the PUD through this SEPA process does
not include specific details regarding the extent to which the proposed modifications to height and
setback standards may affect future residential development proposals, it appears that the majority of
the proposed amendments pertain to future residential development,with the potential for future
development subject to availability of utility services.The PUD hereby provides general notice that any
new electrical load is subject to the PUD's capacity and ability to serve the load, and this should be
considered at the early stages of project planning and design.All applicants seeking to connect to the
PUD's electrical system must comply with all PUD service rules and regulations, including but not limited
to the PUD's line extension policy and system capacity fee.Applicants are encouraged to connect with
the PUD to obtain information such as the line extension policy and the service rules and regulations.
If you have any questions or would like to respond to these comments, please contact Justin Holzgrove,
Director of Engineering&Utility Services, at(360)426-8255 or justinh@masonpud3.orp,.
Sincerely,
tlltte-C�ea>(ca
Annette Creekpaum(Nov ,202116:41 PST)
Annette Creekpaum, Manager
Mason County Public Utility District 3
P.O. Box 2148•Shelton, WA 98584•(Bus) 360-426-8255•(Fax)360-426-8547
www.pud3.org