HomeMy WebLinkAbout2023-018 - Ord. Amending County Code Title 15 and 17 ORDINANCE NUMBER 1023-CAB
AMENDMENT TO MASON COUNTY CODE TITLE 15 £t TITLE 17
ORDINANCE amending sections of Mason County Code Title 15 — Development Code adding
to the Hearing Examiner's authority and Title 17 — Zoning Code allowing higher residential
densities within the Shelton Urban Growth Area (UGA) by use of the City of Shelton's Planned
Unit Development standards when certain circumstances apply.
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, Mason County wants to encourage the development of housing units within the
Shelton UGA by utilizing the City of Shelton's Planned Unit Development standards when a
development has access to the City of Shelton's water and sewer services; and
WHEREAS, the revision of Mason County Code Title 17 — Zoning Code necessitated minor
revision to Title 15, giving the Hearing Examiner authority to review and approve Planned Unit
Developments; and
WHEREAS,on January 23, 2023 the Mason County Planning Advisory Commission held a public
hearing to consider the amendment and passed a motion to recommend approval of said
amendment by a vote of 4— 1; and
WHEREAS, the Commissioners considered the proposed amendment at a duly advertised
public hearing on February 28, 2023; 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
15, Section 15.03.050 and Title 17, Section 17.02.022 and Section 17.07, new Section Article 9
— Planned Unit Development, 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 15 and Title 17, as described in
Attachment A.
DATED this _ �day of �OCL" 2023.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
ATTEST:
M:v Al AAA 0 Sharon Trask, Chair
McKenzie Sm' h, Clerk of the Board
APPROVED AS TO FORM: Kevin Shutty, Co missioner
Tim Whitehead, Chief DPA Ra dy Neather' , Commissioner
z
ATTACHMENT A
Proposed PUD Text Amendments to Mason County Code
15.03.050 Hearing examiner.
The hearing examiner shall review and act on the following subjects:
(1) Appeals of decisions of the building official on the interpretation or application of the
building code.
(2) Revoking or modifying a permit or approval per Section 15.13.070.
(3) Appeals of enforcement actions under the codes,ordinances and regulations listed
under 15.03.005. Enforcement actions include interpretations and decisions made as part of the
enforcement actions under the authority of provisions in Section 15.03.005.
(4) Appeals of decisions of the fire marshal on interpretation or application of the fire code.
(5) Enforcement actions as provided in Chapter 15.13.
(6) Applications for preliminary and final plats.
(7) Appeal of administrative decisions made by the community services department as set forth
in Sections 15.09.020, 15.09.030, and 15.09.040.
(8) Appeal of threshold determination under Title 8 (Environmental policy).
(9) Granting of variances,except for administrative variances.
(10) Other Type III permit reviews, including: large lot subdivisions involving a public hearing,
Mason Conditional Environmental Permits, mobile home and recreational park permits, special use
permits, reasonable use exceptions,and shoreline substantial development permits and conditional use
permits.
(11) Plat vacation or amendments, pursuant to Chapter 58.17 RCW, and for the purpose of
removing utility and drainage easements set forth in Section 15.03.060.
(12)Approval of Planned Unit Developments in the Shelton UGA as provided for in Chapter
17.07.
17.02.022 -Shelton UGA.
The Shelton UGA has separate development regulations under Chapter 17.07 to assure compatibility
with the City of Shelton as these properties are annexed into the city. In areas of the UGA where City
sewer and water services are available, residential densities may be increased through use of a Planned
Unit Development(PUD).
Chapter 17.07—Shelton Urban Growth Area Development Regulations
Article 9—Planned Unit Development(PUD)
17.07.910 In zoning districts where residential development is permitted and in UGA areas where City
of Shelton sewer and water services are available, residential densities may be increased through use of
a Planned Unit Development.The County shall use the standards in City of Shelton's municipal code
ATTACHMENT A
Chapter 20.32 PUD—Planned Unit Development, or as amended, for project review of PUDs under this
provision. Prior to submitting a land use application to the County for a PUD, the applicant shall have
entered into a utility extension agreement with the City of Shelton for water and sewer service as
provided for in Shelton Municipal Code Ch. 17.10. In addition to the PUD standards,the applicant will be
required to comply with all requirements of the City's land use plan, zoning,fire codes and those
portions of the city building code which are referenced by the fire code, and the city public works
standards when developing or redeveloping the property subject to the agreement.
In addition to any required notice under MCC 15.07, the County Administrator shall provide a copy of
the complete application for PUD to the City of Shelton for review and comment in conjunction with
review. The City shall have twenty-eight days from date of issuance to provide written comments or
requests for additional information to the County; however, Mason County shall have the authority to
review and approve the PUD.