HomeMy WebLinkAbout103-16 - Ord. Amending County Future Land Use Map and Belfair Urban Growth Area (UGA) Zoning Map - Davis ORDINANCE NUMBER
AMENDMENT TO MASON COUNTY FUTURE LAND USE MAP AND
BELFAIR URBAN GROWTH AREA ZONING MAP -
ORDINANCE Mason County Future Land Use Map of the Comprehensive Plan and Belfair
Urban Growth Area Zoning Map (rezone) under the authority of RCW 36.7oA.80.
WHEREAS, the Washington State Growth Management Act (RCW 36.7oA.13o) requires
each county, including Mason County, to take legislative action to review and revise its
comprehensive plan and development regulations to ensure that the plan and regulations
continue to comply with the requirements of the Act; and
WHEREAS, the County needs to address certain requests for comprehensive plan and
zoning changes to meet the goals and requirements of Chapter 36.7oA RCW (Growth
Management Act); and
WHEREAS, Stan Davis, hereinafter referred to as "Applicant", owner of real property in
Mason County known as parcel 12329-13-googi has requested a zoning change of his
property from Low Intensity Residential (R-4)to Rural Residential 5(RR 5);and
WHEREAS, this request rezones the subject parcel from an urban designation to rural,
thereby removing it from the Belfair Urban Growth Area and adjusting its boundary
accordingly; and
WHEREAS, on November zi 2oi6,the Mason County Planning Advisory Commission held
a public hearing to consider the amendments and passed a motion to recommend approval
of said rezone;and
WHEREAS,the Commissioners considered the requested rezone at a duly advertised public
hearing on o"P-r '�O ablln , and
WHEREAS, the Board of County Commissioners took public testimony from interested
parties,considered all the written and oral arguments and testimony, and considered all the
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 amendments to
the Future Land Use Map and Belfair Urban Growth Area Zoning Map 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 revisions to the Mason County Development Areas Map rezoning parcel
12329 - 13 - 90091 from Low Intensity Residential ( R - 4 ) to Rural Residential 5 ( RR 5) as
submitted by Applicant .
DATED this day of 2o16 .
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
ATTEST :
Terri Jeffrey , ' r
Melt r ry, Cler the Board
APPROVED AS TO FORM : Tim Sheldon , Commissioner
Tim Whitehead , Chief DPA Randy Neatherlin , Commissioner
OP cop",
DEPARTMENT OF COMMUNITY SERVICES
➢ UIILDIINGQ PLO-4 FIRE MARSHAL ^ Putific ma(16i
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Board of County Commissioners — Request for Rezone
December 20, 2o16
Page 1 of so
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REQUEST FOR REZONE AND AMENDMENTS TO
COMPREHENSIVE PLAN FUTURE LAND USE MAP AND
BELFAIR URBAN GROWTH AREA ZONING MAP
BELFAIR URBAN GROWTH AREA LOW DENSITY
RESIDENTIAL R- 4 TO MASON COUNTY RURAL RESIDENTIAL 5
RURAL MASON COUNTY
CHAPTER 17 . 05 - Administrative Procedures
REZONE CRITERIA , § 17 , 05 . 080
STAFF CONTACT
Barbara A . Adkins, AICP
Ext # 286
APPLICANT
Stan Davis
NE 410 Davis Farm Road
Belfair, WA 98584
SUMMARY OF PROPOSAL
Applicants are proposing to amend the Belfair Urban Growth Area boundary by removing parcel
12329 - 13 - 9oo91, and in turn amending the Comprehensive Plan Future Land Use Map accordingly .
Once approved, the Applicant would request in a simultaneous action that the zoning be changed
from Low Density Residential ( R - 4), which is an urban zoning designation, to Rural Residential 5
( RRS), a rural designation . This parcel is located within the Belfair Urban Growth Area ( " UGA") and
would , if approved , be remapped into the County, requiring amendments to both the
Comprehensive Plan Future Land Use map and the Belfair UGA zoning map . The figure below
illustrates a small map section showing the location of the parcel with a red dot . The light purple
shading indicates the R - 4 zoning within the Belfair UGA, and the sounding yellow is the Rural
Residential 5 County zoning . While the area represents both urban and rural development, it is all
residential .
615 W . Alder e Shelton , WA 98584
(360) 427-9760/(360) 427-7798 fax ® www . mason . co . wa . us
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� DEPART 4ENT OF COMMUNITY SERVICES
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Board of County Commissioners — Request for Rezone
December 20, 2016
Page 2 of 3.0
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�® Irene Creek
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The primary objective for this request is for development of a single family home on the property .
This parcel 's boundaries were recently changed with a Boundary Line Adjustment in June of 2oi6 .
Prior to the adjustment, the parcel fronted on Old Belfair Highway . The eastern boundary line was
moved to where Irene Creek divides it naturally .
URBAN SERVICES — PUBLIC SEWER
As a single parcel, it also had sewer connection available at Old Belfair Highway; however the newly
created parcel is now separated from the connection by an independently owned parcel and by
Irene Creek . The creek appears on the map as a thin blue line running northeast to southwest .
While this newly created parcel is still within Soo feet of the connection at its eastern most borders
and required under the Mason County Code to connect, the Applicant is severely hindered from
making that happen in two significant ways .
First, the Applicant's parcel has no legal access or easement across the neighboring lot to make the
connection . Under the Code, the "[l]ocation of sewer lines will be prelocated and easements
established in conformance with the sewer analysis plan and as illustrated on the Belfair UGA Build-
Out Sewer Connection Map. " 1 No easement was put into place at the time of the plan as there was
no immediate need . Now that the parcels have been legally split, an easement from the neighbor
must be secured .
' MCC §1.7 . 03 . 030 ( c)
615 W. Alder o Shelton , WA 98584
(360) 427-9760/(360) 427-7798 fax S www . mason , co . wa . us
S°" °°"' DEPARTMENT OF COMMUNITY SERVICES
B➢ IL DIM PLVa Ng DRE MARSHAL � Af640 2(Wlfii
x > > Board of County Commissioners — Request for Rezone
December zo, 2o16
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Second, the parcels are separated by Irene Creek, a fish bearing stream under the jurisdiction of
Mason County 's Resource Management regulations . Development near that stream must be at
least 165 feet back from the shoreline on both sides . This means the Applicant will need to build
the residence to the furthest end of the property away from road, and nearly 700 feet from the
connection . Additionally, reaching the new home site will require drilling and trenching under the
creek; an expensive and lengthy process .
URBAN DENSITIES — 4 DWELLING UNITS PER ACRE
The Low Density Residential District ( R - 4) is designed for development at four dwelling units per
acre establishing the minimum levels needed to achieve urban densities . The applicant's parcel is
just over one acre in size and while the regulations do not require that parcels be development to
maximum levels of density, it is encouraged to accommodate growth . In this case , the parcel is
bordered by a fish - bearing stream with a buffer and set back that diminishes its capacity for any
level of urban development . Parcels such as the one subject of this proposal are ill suited for urban
development or to accommodate any significant amount of growth, and should be seriously
considered for removal from the urban growth areas .
PARCEL INFORMATION
Parcel No . : 1232g - 13=goo9i is approximately 1 acre in size; and is bordered to the north and west
boy Rural Residential S and to the east and south by Low Density Residential . The parcel has road
access from NE Davis Farms Road at the west end .
ZONING INFORMATION
CURRENT ZONING DESIGNATION :
R - 4 — Low Density Residential
Belfair Urban Growth Area
The purpose of the R - 4 district is to provide a lower density housing option in the UGA . Locations
are restricted to sites containing critical areas and slopes as development is expected to be
clustered into the more suitable building areas . The district allows for a density of four dwelling
units per acre, except where " critical lands " are present—which reduce the permitted density .
Clustering of the dwelling units is encouraged to protect open space and water quality, reduce
infrastructure needs, and enhance energy efficiency . Multi -family dwelling units are conditionally
permitted as long as they do not exceed the density requirement and minimize impacts to adjacent
single -family dwelling units . This district also allows public parks and public utility service lines .
615 W . Alder e Shelton , WA 98584
(360) 427- 9760/(360) 427-7798 fax ® www . mason . co .wa . us
z°" °°`' DEPARTMENT OF CO 4MUNITY SERVICES
1 ^` ���ri( Q,➢➢� i0'6� PLa4A, n1 RE MARSHAL �ctti�c (ea�f�i
Board of County Commissioners — Request for Rezone
- J December 20, 20i5
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PROPOSED ZONING DESIGNATION .
RR 5 — Rural Residential 5
This district allows single -family residences, hobby farms ( small scale commercial agriculture,
including aquaculture and wood lots ), church , local community and recreation centers, group
homes, cell towers, fire station , fish hatchery, public utilities .
RATIONALE
In addition to Staff's analysis, below, under the rezone criteria of MCC 3.7 . o5 . o8o, the Applicant has
provided the following statement forthe Commission 's consideration :
The Be fair UGA boundary was established in 1996. The Be fair subarea plan was adopted in
late 2004 . The Critical Aquifer Recharge Area in this area was identified as part of that 2004
plan . In 2005 VanBuskirk 's 5 parcels to the north of the subject property was removed from
the UGA . In 2008 US Geographic naming board and Mason County officially recognized and
named fish bearing streams Irene, Miggie and Viola creeks all of which originate in the Be fair
UGA with Irene creek bordering subject property. In toss Peterson - Clayton 3 parcels also
removed from UGA . 2012 first phase of Be fair sewer connected parcels 12329 -13 -0003o and
12329 -i3 -0003z bordering the Old Be fair Highway and did not serve the west side of those
parcels on the west side of Irene Creek. The west sides of those parcels were purchased by Mr.
Davis in July 1, 2o16 and a resultant BLA created an expanded parcel 2 . 02 acres, parcel 12339 -
s3 -9oo9o. Parcel is currently zoned as R-4 and is landlocked in the UGA . Parcel currently
would not be able to achieve the R-4 urban standard of development by the existence of the
critical areas associated with Irene creek and the expense of running a sewer line to serve a
potential single family residence. Mr. Davis would like to amend the boundary of the UGA to
exclude this parcel as it is immediately adjacent to other RR5 parcels, would help to protect
Irene creek and protect long term agricultural lands held in perpetual trust that he and his
family members own form urban development and associated pressures.
ANALYSIS
REZONE CRITERIA § 17 . 05 . 080
While the rezone criteria that Mason County uses are not dictated by state code, there remains a
necessity that local jurisdictions adopt some type of standards by which to evaluate them . In the
absence of local land use regulations that provide an evaluation process or criteria to be met, courts
may reverse or uphold a decision by applying general rules as deduced from the GMA goals . Courts
have ruled that a site specific rezone was subject to review standards, regardless of whether or not
any had been adopted of their own . The courts require that the proponents of a rezone must
establish that conditions have substantially changed since the original adoption and that the rezone
must bear a substantial relationship to the public health , safety, morals or welfare . If a rezone
implements the comprehensive plan , a showing that a change of circumstances has occurred is not
615 W . Alder o Shelton , WA 98584
(360) 427-9760/(360) 427-7798 fax ® www . mason . co . wa . us
°°°" DEPARTMENT OF COMMUNITY SERVICES
B>ili<il.DINGa pa,,,, � DRE MARSHAL ^ PukGo �Lfea[16
a 3 Board of County Commissioners — Request for Rezone
December 20, 2oi6
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required . Mason County Code Section 17 . o5 . o8o ( a ) describes the eight rezone criteria used to
review a rezone proposal . These criterions have been established and adopted specifically for
Mason County to establish standards by which each rezone is to be reviewed . The Code requires
that each rezone be evaluated in light of these standards; however it does not require that they all
be met . Below is Staffs response to the proposed request, together with those provided by the
Applicant:
1 . Development allowed by the proposed rezone designation shall not damage public health,
safety and welfare .
This criterion is met as the applicant 's proposed future use of the property would be exactly the
same use underits currentzoning — a single familyresidence.
Amending the Be air UGA Subarea plan and rezoning to RR5 the subject parcels would not
damage public health, safety, and welfare, assuming that all current planning and health
development regulations are followed during any future reviews and development. The greatest
concern would be for adequate protection of Irene Creek if any future development is evaluated
and undertaken .
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 .
To consider whether or not the proposed zone is better than any other zoning designation, or more
importantly, does the proposal implement the Comprehensive Plan, then Staff would believe this
criterion has been met. The intent of this area in both the Be fair SubArea Plan and the Mason
County Comprehensive Plan is to be residential. The rezone is consistent with those intentions.
Review of this criterion in light of the Growth Management Act (GMA) would also indicate that it
has been met. The first Planning Goal' of the GMA is to encourage growth were public services are
provided. The subject parcel is currently in an urban area where such services exist, however
providing them to everyone has proven to be challenging. This gap between the existence of
services and the adequate provision of those services has created something similar to an unofficial
moratorium on residential development. The parcel subject of this proposal cannot feasibly access
the required service, sewer in this case, and therefore cannot develop. To encourage growth where
services are not and cannot reasonably be provided does not seem to meet the intent of GMA;
however removing parcels such as this from inadequately served urban areas seems to make sense.
z RCW 36 . 7oA . 020 (1) Urban growth . Encourage development in urban areas where adequate public facilities and services
exist or can be provided in an efficient manner.
615 W . Alder e Shelton , WA 98584
(360) 427- 9760/(360) 427-7798 fax ® www. mason . co . wa . us
DEPARTMENT OF CO4N/ILINITY SERVICES
` ll$ JI L➢9F0'Ga P 1 nRL MARSHAL `Afkfio ge [M
d Board of County Commissioners — Request for Rezone
December 20, 2o16
Page 6 of io
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Secondly, the "concurrency" goal of GMA, or Planning Goal 123, requires that public services be
available to serve the development at the time of development. As discussed in the Proposal
section of this Report, the Mason County Code directs that sewer lines be pre - located and that
easements are established. In this instance, however, the legal splitting of a single parcel into two
created a situation where no easement exists and therefore, no practical access to the service
exists. Without the service the parcel cannot reasonably be developed as long as it remains in this
urban area.
Additionally, the critical areas located on the parcel render it ill suited for urban levels of
development., The location of a fish bearing stream impose a buffer in addition to set backs that
diminish the capacity for development on most of the parcel.
The following Mason County Comprehensive Plant' policies would need to apply:
RU Sooa Ensure that rural residential development preserves rural character, protects rural
community identity, is compatible with surrounding land uses, and minimizes infrastructure needs.
RU-Soi New development in RAs should be guided by performance standards and design
guidelines to enhance rural character, protect critical areas, and tailor development to the
characteristics of individual sites.
RU-502 Residential uses in RAs should be at densities that can be sustained by rural levels of
service for water, wastewater, drainage, police, fire, and schools.
RU-So3 Utilities and services in RAs should be provided at levels suitable to rural densities including
on -site septic systems, private wells or community water systems, and roads with gravel shoulders
and open roadside drainage.
RU 521 : Use the following criteria to establish rural densities and for assignment throughout the
County for mapping decisions:
Land Use Designation Criteria Principal Land use
Rural Residential Single family plats with an j Single family
S acre established pattern of lots five acres
1 du/5) or smaller, generally built out.
Lots of five acres or smaller adjacent
to RAC`s and Hamlets.
Overlay designation for areas of pre=
3 RCW 36 . 7oA .020 (12) Public facilities and services . Ensure that those public facilities and services necessary to support
development shall be adequate to serve the development at the time the development is available for occupancy and use
without decreasing current service levels below locally established minimum standards .
4 Mason County Comprehensive Plan, zoos, Chapter3, Rural Lands
615 W . Alder o Shelton , WA 98584
(360) 427-9760/(360) 427-7798 fax (T www . mason . co . wa . us
DEPARTMENT OF COMMUNITY SERVICES
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Pl a vw� i �� I�ItE MARSHAL � ?'u�i(ic 7(e�r�E/i
d Board of County Comrnissioners — Request for Rezone
IL-----_-_—_-- December zo, 2os6
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existing platted subdivisions with lots
less than five acres, but not built out.
Areas with a predominant pattern of
five acre platting but may include so
and 20 acre parcels; where existing
infrastructure will support
development. Infrastructure includes
public roads, electrical service, and
water service . Are not critical or
resource lands.
Rural Residential a) Single family plats with Single Family
20 acre (sdu/2o acres) established pattern of similarly
sized lots surrounding the area on
75% of its boundaries
b) Located in shoreline areas with Non resource
similarly sized parcels; c) Lands forestry or
affected by at least 2 critical agriculture
areas, or lands adjacent to forest
resource lands;
d) At request of property owner for Other uses allowed
Forest/agricultur%pen space as in Table of uses
taxation and/or uses
In evaluating the proposal to rezone at Rural Residential5, the zoning of the subject parcel at that
zone must match the characteristics of the surrounding area better than the original R-4 Belfair
UGA zone designation . The areas to the north were rezoned to RR S in zoos and 2ois . The areas
to the west are zoned RR Sand ARL [agricultural resource lands]. The areas to the east and south
are bordered by Irene Creek and R-4 zoning of the Belfair UGA . The subject property is accessed by
the narrow Davis Farm Road.
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 uses in the vicinity.
The proposed rezone does not change the use and therefore would not increase incompatibility; it
will remain residential and have no more impacts that its current designation . This criterion is met
as staff believes the rezone of these parcels would not increase sprawl or low density development
or cause it to occur.
615 W . Alder e Shelton , WA 98584
(360) 427-9760/(360) 427-7798 fax ® www . mason . coma . us
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DEPARTMENT OF COMMUNITY SERVICES
➢mUILIDINI PLa I FIRE MARSHAL AlYJI1C ?(ea�M
; I a 3 4Board of County Commissioners — Request for Rezone
December 20, 2oi6
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The cumulative impacts of rezoning the subject parcels would not change the existing land uses
and the character of bordering RR .5 properties and the Davis Farm. It would not increase
sprawling, low- density rural development beyond its current extent close to Old Be fair Highway.
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 .
This criterion is met as the proposed rezone of this parcel would remove it from the appropriation of
urban services thereby reducing the overall demand. This request is not to a more intensive land
use, but instead to a less intensive use.
The reduced densities that would be created by rezoning this property would not affect current
levels of service in the vicinity and would reduce the demand for the provision of urban services
such as sewer, street, parking, utilities, fire protection, police and schools.
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.
This criterion is met as the request is to a less intensive land use and does not interfere with the
GMA . See criterion #2 .
This would be a less intensive land use and there are currently no public services such as public
sewer available at this site nor can they be provided in an efficient, cost effective manner.
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.
This criterion is met as the request is to a less intensive land use and does not interfere with the
GMA . By removing the parcel from an urban area and from the required connection to sewer, it
avoids the digging and trenching through Irene Creek and its buffer.
615 W . Alder o Shelton , WA 98584
(360) 427-9760/(360) 427-7798 fax (N) www . mason . coma . us
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Oil `°`'T Z . DEPARTMENT OF COMMUNITY SERVICES
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➢ IJ➢ ➢.B➢NGi PLa4ILu 14RE MARsHAL � Pak& geaX
Board of County Commissioners — Request for Rezone
December 20, 2os6
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This is a less intensive land use and would encourage conservation of habitat and protect the
environment.
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 .
This criterion is met as the request is to a less intensive land use would not increase pressure to
change land use or increase population. The use is going from residential to residential, and the
density is decreased.
This is a less intensive land use.
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 .
The proposal is not applicable and not being requested as the result of any mapping errors.
PLANNING ADVISORY COMMISSION
The Planning Advisory Commission held a public hearing to consider the proposal on November 21,
2o16 . No specific comments or amendments were made; and the Planning Commission
unanimously voted to recommend approval to the Board of County Commissioners .
STATE ENVIRONMENT PROTECTION ACT (SEPA)
A SEPA checklist was prepared forthis project . Aformal SEPA Determinations of Non - Significance
was made on September 23, 2o16 . Comment and appeal periods for these determinations closed
on October 7, 2o16 . A copy of the SEPA Environmental Checklist is attached . One comment was
received from the Department of Ecology Waste 2 Resources Office . A copy is attached .
PUBLIC NOTIFICATION
A list of interested parties has been maintained by staff to ensure that notifications of public
meetings and comment periods are addressed specifically to those individuals . All public meeting
notices will be mailed to all parties of interest and posted in accordance with MCC 15 - 07 . 0300
615 W . Alder o Shelton , WA 98584
(360) 427-9760/(360) 427-7798 fax (Nj www . mason . co . wa . us
�' DEPARTMENT OF COMMUNITY SERVICES
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x 5 4Board of County Commissioners — Request for Rezone
December 20, 2oi6
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SUMMARY AND RECOMMENDATION
Staff would recommend that the Planning Advisory Commission consider this proposal together
with Staffs Report and public testimony, and recommend approval to the Board of County
Commissioners .
615 W . Alder o Shelton , WA 98584
(360) 427- 9760/(360) 427-7798 fax www . mason . co . wa . us