HomeMy WebLinkAbout21-17 - Ord. Amending Title 17 Zoning Chapter 17.07 Development RegulationsORDINANCE NUMBER l l-11
TITLE 17 -ZONING
AMENDMENTS TO CHAPTER 17.07 -DEVELOPMENT REGULATIONS,
SHELTON URBAN GROWTH AREA, ARTICLE 6 -INDUSTRIAL , SECTION
17.07.650-PROHIBITED USES TO REMOVE SELF-STORAGE FACILITIES
ORDINANCE amending Title 1 7, Zoning, Chapter l 7.07 , Article 6, Industrial , of the
Mason County Code with respect to the Shelton Urban Growth Area.
WHEREAS, amendments to Title 1 7 of the Mason County Code fall under the authority of
Chapter 36.70 and 36.70A RCW;
WHEREAS, Section 1 7 .07.650 outlines the prohibited uses for the Industrial zoning
district of the Shelton Urban Growth Areas;
WHEREAS , the current code specifically prohibits "self-storage facilities" as a permitted
use, an accessory use, or a use allowed under a special use permit within that zoning
district; and
WHEREAS, this Ordinance amends Section 1 7 .07.650 to remove "self-storage facilities",
as a prohibited use within the Industrial district of the Shelton Urban Growth Area; and
WHEREAS, the Mason County Planning Advisory Commission conducted a public hearing
on March 20, 2017 and recommend adoption of amendments by the Commissioners; and
NOW THEREFORE, BE IT HEREBY ORDAINED, that the Board of Commissioners of
Mason County hereby amends the Mason County Code Title 7 (Zoning), to remove "self-
storage facilities" as a prohibited use in Section 1 7 .07.650. (See Attachment A)
DATED this2f:tday of___,_A-'-'fr.,L.Lr~~ ('"""" __ 2017.
ATTEST: BOARD OF COUNTY COMMISSIONERS
SHINGTON
APPROVED AS TO FORM : -,.,....
Tim Whifuhead, Chief DPA
Page l o_/2
ATTACHMENT A
TITLE 17 -ZONING
CHAPTER 17.07 -DEVELOPMENT REGULATIONS
ARTICLE 2 -INDUSTRIAL
SECTION '17.07.650 -PROHIBITED USES
Article 6. -Industrial (I)
17.07.650 -Prohibited Uses
Uses other than those identified or described in Sections 17.07.620, 17 .07 .630 and
17.07.640 in this chapter are prohibited. Prohibited uses are generally those uses that
convert industrial land to a non-industrial purpose, have the potential to be disrupted by
the noise and activity commonly associated with industrial development.
<Pnge2 of2
ATTACHM ENT A
Background
The applicant is the owner of an existing self storage property on E. Johns Prairie Road within
the Shelton UGA (Freedom Self Storage, parcel 32004-43-00010). The applicant desires to add
new buildings to this facility within the existing property boundary, which is fully fenced and
gated for self storage use.
The property was originally permitted in 2005, anticipating a phased development. About one-
third of the project was constructed between 2006 and 2008. Shortly thereafter the property
was rezoned by the 2009 Shelton UGA zoning ordinance. This rezoning prohibits self storage,
making Freedom Self Storage a non-conforming use without any possibility of expansion. The
rezone also put a "cloud" over the legitimacy of a business that was legally developed just a few
years earlier.
Proposal
MCC 17.07, which addresses industrial zoning regulations within the Shelton UGA. MCC
17.07.650 currently identifies self storage as the only outright prohibited use in this zoning
class. This application is requesting elimination of this prohibited use. County staff
recommended that a development regulation amendment to change allowable use be
proposed instead of a rezone of the parcel to general commercial (which allows self storage).
However, a rezone to commercial is a perfectly acceptable alternative.
Rationale
In MCC 17.07.650 prohibited uses in the industrial zoning district are stated as "generally those
uses that convert industrial land to a non-industrial purpose, have the potential to be disrupted
by the noise and activity commonly associated with industrial development". Singling out self
storage appears to be arbitrary, as other allowed uses such as warehousing and open storage
could result in the same outcome.
Self storage is similarly restricted in many other zoning classes, creating a situation where
available land in Mason County to develop self storage is very limited even though public
demand is very high . All self storage facilities in the Shelton area are full, and one facility in the
Shelton UGA on Highway 101 is near the airport is proposing to close by the end of 2016 when
that commercial property is redeveloped. In a recent request to Mason County to amend the
permitted uses in the Low Density Mixed Use zoning in the Shelton UGA, DDR2016-00096,
County staff stated that "the County's current regulations afford very few opportunities for
personal storage businesses".
ll Page
In addition, the County's zoning code in the UGA should closely match the City of Shel t on's
code because the Shelton UGA would eventually be annexed to the City. The Shelton Municipal
Code Title 20.30, Industrial District, does not prohibit self storage. Therefore, it follows that the
County's UGA zoning should also not prohibit it.
There is substantial and positive public interest in self storage in the Shelton UGA and also in
the rest of Mason County as demonstrated by a high but unmet d e mand. This demand comes
from both residential and commercial, particularly as the economy improves and residents and
businesses move into the area and the need for short term storage space increases. Zoning
regulation should not overly restrict a use when it can be demonstrated that such demand is
present, development is compatible with other uses in the zoning district, and development is
consistent with land use goals of the comprehensive plan. In the Shelton UGA, zoning should
also be consistent with City of Shelton zoning.
21P age