HomeMy WebLinkAboutZoning Ordinance 74-15 - PLN General - 12/22/2015 ORDINANCE NUMBER
AMENDMENT TO THE BELFAIR URBAN GROWTH AREA ZONING
MAP - RE-ZONING OF PARCELS 12320-41-00010 AND 12320-44-
00020 FROM R-4 (LOW DENSITY RESIDENTIAL) TO MIXED USE
ORDINANCE amending the Belfair Urban Growth Area Zoning Map adopted by the Mason
County Board of County Commissioners under the authority of RCW 36.7oA.
WHEREAS,the Washington State Growth Management Act(RCW 36.7oA)requires each
site specific rezone amending the Belfair Urban Growth Area Zoning map be adopted by
Ordinance; and
WHEREAS, Seattle Inceptive Group LLC, hereinafter referred to as"Applicant", owner of
real property in Mason County has requested an amendment to the Belfair Urban Growth
Area Zoning Map as it affects their property; and
WHEREAS,Applicant's request to rezone includes parcel 12320-41-000zo which is 9.78
acres in size and parcel 3.2320-44-00020 which is 2.15 acres in size,for a total of 11.93 acres
to be rezoned from R-4(Low Density Residential)to Mixed Use; and
WHEREAS,Applicant has proposed a Development Agreement under the authority of RCW
36.7oB in addition to the rezone request restricting the allowed uses in the approved Mixed
Use zone to Marijuana Production(pursuant MCC 517.17.006), Marijuana Processing
(pursuant MCC 517.27.007),and Detached dwelling per lot(one)pursuant MCC
§17.23.130(19)only; and
WHEREAS, Section 3.7.05.080 of the Mason County Code provides criteria for consideration
in rezoning parcels from an existing land use zone to another zone, and is reviewed through
a public process in front of the Mason County Planning Advisory Commission and the Board
of County Commissioners; and
WHEREAS, on November 30, 2015 Mason County Department of Community Development
Staff presented to the Planning Advisory Commission at a public hearing a staff report
recommending approval of the requested rezone, based on meeting the rezone criteria only
upon the condition that a Development Agreement be adopted herewith; and
WHEREAS, said Development Agreement shall remain in effect until such time as the use
of the subject parcels discontinues from Marijuana Production and/qr Marijuana Processing
and at such time the parcels will revert to their original zoning of R-4(Low Density
Residential), or such other district as the Board of County Commissioners deems
appropriate; and
WHEREAS, at the November 30, 2ois public hearing, Mason County Planning Advisory
Commission considered the amendments,together with the Staff's Report and Applicant's
proposal for a Development Agreement and passed a motion to recommend approval of
the request with the Development Agreement; and
WHEREAS, on December 22, 201S the Board of County Commissioners considered the
Applicant's request; 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 Belfair Urban Growth Area Zoning Map comply with all applicable requirements of the
Growth Management Act and the Mason County Code, and that they are in the best public
interest; and
WHEREAS,the Board of County Commissioners conditions the rezone limiting the allowed
land uses through the adoption of a Development Agreement to be recorded by the
Applicant on the title of both parcels.
BE IT HEREBY ORDAINED,the Mason County Board of Commissioners hereby approves
and ADOPTS the attached Findings of Fact(ATTACHMENT A),the revisions to the Belfair
Urban Growth Area Zoning Map(ATTACHMENT B)and Development Agreement
(ATTACHMENT C)as submitted and described herein.
-171
DATED this j �Iay of December 201S.
Board of Commissioners
Mason County, Washington
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BOARD OF COUNTY COMMISSIONERS
ATTEST: MASON;,,OUN ,WASHINGTON i
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Clerk of the Board 4Rady Neatherlin, Chair
APPROVED AS TO FORM: Al
Ti Sheldon, missioner
Deputy Prosecuting Attorney Terri Jeffreys, m issioner
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ATTACHMENTA
MASON COUNTY BOARD OF COMMISSIONERS
FINDINGS OF FACT
ADOPTION OF AMENDMENTS BELFAIR URBAN GROWTH
AREA ZONING MAP
2. Applicant has made application to Mason County for its consideration of amendments
to the Belfair Urban Growth Area Zoning Map.
i amendment rezoning parcel z - 1-000so 8 acres)and
z. Applicant is requesting an a g p ce 3 0 4 (g 7 a es)
parcel 12320-44-00020(2.15)for a total of 11.93 acres from R-4(Single Family or Low
Density Residential)to Mixed Use.
3. Mason County Development Regulations,Title 17, Section 27.05.080 provides criteria
and characteristics for consideration in rezoning parcels from an existing land use zone to
another zone. A rezone request is reviewed through a public process in front of the Mason
County Planning Advisory Commission and the Board of County Commissioners.
4. A Development Agreement between the County and the Applicant will condition the
rezone to limit the land uses allowed to Marijuana Production (pursuant MCC 517.17.006),
Marijuana Processing (pursuant MCC S17.17.007), and Detached dwelling per lot(one)
pursuant MCC S17.23.230(19))only.
5. Based upon the evaluation of the Rezone Criteria together with Applicant's proposal for
conditioning the rezone through a Development Agreement, Staff would make the
following findings:
Criterion is Development allowed by the proposed rezone designation shall not damage
public health, safety and welfare is met as the current use would remain unchanged as a
legal nonconforming plant nursery. Due to the nature of the continued use, public access
is restricted and public safety increased by state regulations.
Criterion 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 is met in that the current use will
continue under a the new zoning designation. The mixed use district permits the
production and processing of marijuana,which is the property's current legal non-
conforming use, as well as residential similar to surrounding current zoning.
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Criterion 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 is
met as the current use would not change.
Criterion 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 I
protection, police and schools is met as the current use would not change.
Criterion 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 is met at the
current use does not demand increased urban services and the expansion of that use
under a mixed use would not increase that demand.
Criterion 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 is met as the current use will remain under the new zoning district and no
development will occur beyond the Development Agreement.
Criterion 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 is met as the property and current use is
unique and unlikely to cause similar land use changes or a population increase in the
rural zones.
Criterion 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.This is not applicable to this request. Although there is
some indication that Applicant believes the property have may be mis-zoned
considered the current and past uses of the property,there is no tangible and historical
evidence to validate that this proposal would necessitate the use of this criterion.
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DEVELOPMENT AGREEMENT BY AND BETWE�1
MASON COUNTY AND SEATTLE INCEPTIVE GROUP LLC,FOR THE REZONE OF
PARCELS 12320-41-00010 AND 12320-44-00020
THIS DEVELOPMENT AGREEMENT (hereinafter, the "Agreement") is made and entered into this
22nd day of December, 2o1S, by and between Mason County, a political subdivision of the State of
Washington (hereinafter, the "County"), and Seattle Inceptive Group LLC, a limited liability company
organized underthe laws of the State of Washington(hereinafter,the"Developer").
RECITALS
WHEREAS, the Washington State Legislature has authorized the execution of a development
agreement between a local government and a person having ownership or control of real property
within itsjurisdiction(RCW 36.70B.17o(1));
WHEREAS, a development agreement must set forth the development standards and other provisions
that will apply to, govern and vest the development, use and mitigation of the development of the real
property for the duration specified in the agreement(RCW 36.7oB.170(1));and
WHEREAS, for the purposes of this development agreement, "Development Standards"includes, but
is not limited to,all of the standards listed in RCW 36.70B.170(3);
WHEREAS, a development agreement must be consistent with the applicable development
regulations adopted by a local government planning under chapter 36.7oA RCW(RCW 36.7oB.170(1));
WHEREAS, this Development Agreement by and between the County and the Developer, relates to
the development of real property located at 86o NE OLD BELFAIR HWY, BELFAIR, WASHINGTON
98528;and
WHEREAS, the following events have occurred in the processing of the Developer's Application for
Requested Rezone:
a) By Notice of Application,the public was provided notice and opportunity to be heard at a public
hearing held by the Mason County Planning Advisory Commission on the request for rezone on
November 30, 2o15 at 6:oo P.M.in the County Commissioners Chambers, Bldg.1,43.1 N.5th Street,
Shelton,WA.
b) By formal SEPA Determination of Nonsignificance (WAC 197-11-34.0), the lead agency
determined the proposal has no probable significant adverse impact on the environment and an
Environmental Impact Statement(EIS)was not required under RCW 43.21C.030(2)(c)
c) By Department of Community Development Staff Report, Staff recommended approval of the
rezone and adoption of this Agreement to the Planning Advisory Commission.
d) By unanimous vote at the Planning Advisory Commission Meeting held November 30, 2015,the
Planning Advisory Commission recommended approval of the rezone and adoption of this
Agreement to the Mason County Board of Commissioners.
Development Agreement
Seattle Inceptive Group LLC
December 22,2015
Page 1 of 5
e) After public hearing, by Amendment to the Belfair Urban Growth Area Zoning Map (Rezone),
the Mason County Board of Commissioners approved the rezone of Parcel Numbers 12320-41-
000lo and 12320-44-00020 from R-4 to Mixed Use and adoption of this Agreement.
NOW,THEREFORE,the parties hereto agree as follows:
GENERAL PROVISIONS
Section 3.. The Subject Property. The Subject Property is the real property located at 86o NE
OLD BELFAIR HWY, BELFAIR, WASHINGTON 98528 and legally described in Exhibit A, attached
hereto and incorporated by this reference.
Section 2. The Project. The Project is the anticipated rezone of the Subject Property,consisting
Of 9.78 acres (Parcel No. 12320-41-00010, "A") and 2.15 acres (Parcel No. 12320-44-00020, "B") in the
Belfair Urban Growth Area from R-4(single family/low density residential)to Mixed Use.
Section;. Use and Mitigation. The Project as described in Section 2 rezones two parcels from a
residential use to a substantially commercial use,in an area that is predominantly residential. To
mitigate the impacts of this change in zoning and the resulting intensification of land use,this
Agreement mitigates the rezone through development restrictions that reduces the permitted uses to
Marijuana Production(pursuant MCC 517.17.0o6), Marijuana Processing(pursuant MCC§17.3.7.007),and
Detached dwelling per lot(one)pursuant MCC§17.23.130(19))only.
Section 4. Definitions. As used in this Agreement, the following terms, phrases and words will
have the meanings and be interpreted as set forth in this Section.
a) "Adopting Ordinance" means the Ordinance which approves the rezone together with this
Agreement, as required by RCW 36.7oB.200.
b) "Commissioners"means the elected legislative body governing the County.
c) "Director"means the County's Community Development Director.
d) "Effective Date"means the date by which the Commissioners approve Adopting Ordinance.
e) "Existing Land Use Regulations" means the ordinances adopted by the County that govern the
permitted uses of land, the density and intensity of use, and the design, improvement, construction
standards and specifications applicable to the development of the Subject Property, including, but not
limited to the Mason County Code, Comprehensive Plan, Development Regulations, Resource
Ordinance, Belfair Urban Growth Area (UGA), Belfair Zoning Map, SEPA, and all other ordinances,
codes, rules and regulations of the County that govern or control zoning and land use standards.
Existing Land Use Regulations does not include non-land use regulations,which include tax and impact
fees.
f) "Landowner" is any party who has subsequently acquired any portion of the Subject Property
from the Developer and who, unless otherwise released as provided in this Agreement, will be subject
to the applicable provisions of this Agreement.
Section S.Legal Description.. Legal description of the Subject Property provided in Exhibit A.
Development Agreement
Seattle Inceptive Group LLC
December 22,2015
Page 2 of 5
Section 6. Project is a Private Undertaking. The parties agree the Project is a private
development and the County has no interest therein except as authorized in the exercise of its
governmental functions the pursuant the terms of this Agreement.
Section . Term o Agreement. This Agreement will commence upon h iv� f g g po the Effective Date and
continue until termination pursuant to Section 12 of this Agreement.
Section 8. Vested Rights of Developer. During the term of this Agreement, unless sooner
terminated in accordance with Section 22, in developing the Subject Property consistent with the
Project described herein, Developer is assured, and the County agrees, that the development rights,
obligations, terms and conditions specified in this Agreement, are fully vested in the Developer and
cannot be changed or modified by the County, except in accordance with, the express terms and
conditions of this Agreement, including the Exhibits hereto, or with the express written consent of the
Developer.
Section 9. Minor Modifications. Minor modifications from the approved permits or the exhibits
attached hereto may be approved in accordance with the provisions of the County's code, and will not
require an amendment to this Agreement.
Section io. Further Discretionary Actions. Developer acknowledges that the Existing Land Use
Regulations contemplate the exercise of further discretionary power by the County. These powers
include, but are not limited to, review of additional permit applications under SEPA. This Agreement
must not be construed to limit the authority or the obligation of the County to hold public hearings
required by law, nor limit the discretion of the County or any of its officers or officials in complying with
or applying Existing Land Use Regulations.
Section is.Default.
a) Subject to mutual consent in writing,failure or delay by either party or Landowner not released
from this Agreement, to perform any term or provision of this Agreement may constitute a default. In
the event of alleged default or breach of any terms or conditions of this Agreement, the party alleging
such default or breach must give the other party or Landowner not less than thirty(3o) days notice in
writing,specifying the nature of the alleged default and the manner in which said default may be cured.
During this thirty(3o)day period,the party or Landowner charged will not be considered in default for
purposes of termination or institution of legal proceedings.
b) After notice and expiration of the thirty(3o)day period, if such default has not been cured or is
not being diligently cured in the manner set forth in the notice,the party alleging the default may, at its
option, institute legal proceedings pursuant to this Agreement. In addition, the County may decide to
file an action to enforce the County's Code, and to obtain penalties and costs as provided in the Mason
County Code far violation of this Agreement and the Code,or as provided by law.
Section 12. Termination.This Agreement will terminate solely at the election of the Developer
or Landowner by written notice delivered to the Director.
Section 13. Effect upon Termination. Upon termination of this Agreement, the entitlements,
permitted uses and all other terms and conditions of this Agreement and the Adopting Amendment will
no longer be vested with respect to the Subject Property, and the Subject Property will revert back to
Development Agreement
Seattle Inceptive Group LLC
December 22,2015
Page 3 of 5
the land use designation in place prior to the Effective Date, including application of the prior legal
nonconforming use which permits operation of a nursery on the Subject Property with all
developments and improvements made during the term of this Agreement. In the event the prior land
use designation is no longer suitable or appropriate for the Subject Property, the Commissioners will
have the discretion to approve a different land use designation as permitted under the Existing Land
Use Regulations.
Section 14. Assignment and Assumption. The Developer may sell, assign or transfer this
Agreement with all appurtenant rights,title and interests therein to any person during the Term of this
Agreement. Developer must provide at least thirty (3o) days notice to the County before any sale,
assignment,or transfer.
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Section 1S. Covenants Running with the Land. The conditions and covenants set forth in this
Agreement and incorporated herein by the Exhibits will run with the land and the benefits and burdens
will bind and inure to the benefit of the parties. The Developer, Landowner and every purchaser,
assignee or transferee of an interest in the Subject Property, or any portion thereof, will be obligated
and bound by the terms and conditions of this Agreement, and will be the beneficiary thereof and a
party thereto, but only with respect to the Subject Property, or such portion thereof, sold, assigned or
transferred to it. Any such purchaser, assignee or transferee will observe and fully perform all of the
duties and obligations of the Developer contained in this Agreement, as such duties and obligations
pertain to the portion of the Subject Property sold,assigned or transferred to it. i
Section 16.Amendment to Agreement; Effect of Agreement on Future Actions. This Agreement
may be amended by mutual consent of the parties, provided that any such amendment follow the
process established by law for the adoption of a development agreement(RCW 36.7oB.200). However,
nothing in this Agreement may prevent the Commissioners from making any amendment to its
Comprehensive Plan, Zoning Code, Official Zoning Map or development regulations affecting the
Subject Property during the term of this Agreement, but only as the Commissioners deem necessary to
the extent required by a serious threat to public health and safety.
Section 17. Releases. Developer, and any subsequent Landowner, may free itself from further
obligations relating to the sold, assigned, or transferred property,and the buyer, assignee or transferee
expressly assumes the obligations under this Agreement as provided herein.
Section 2.8. Notices. Notices, demands, correspondence to the County and Developer will be
sufficiently given if dispatched by pre-paid first-class mail to the addresses of the parties as designated
on the signature page. Notice to the County will be to the attention of both the Director and the County
Attorney. Notices to subsequent Landowners will be required to be given by the County only for those
Landowners who have given the County written notice of their address for such notice. The parties
hereto may, from time to time, advise the other of new addresses for such notices, demands or
correspondence.
Section 19.Applicable Law and Attorneys'Fees.This Agreement will be construed and enforced
in accordance with the laws of the State of Washington. If litigation is initiated to enforce the terms of
this Agreement,the prevailing party will be entitled to recover its reasonable attorneys'fees and costs
from the non-prevailing party.Venue for any action will lie in Mason County Superior Court.
Development Agreement
Seattle Inceptive Group LLC
December 22,2015
Page 4 of 5
Section zo. Third Party Legal Challenge. In the event any legal action or special proceeding is
commenced by any person or entity other than a party or a Landowner to challenge this Agreement or
any provision herein,the County may elect to tender the defense of such lawsuit or individual claims in
the lawsuit to Developer and/or Landowner(s). The Developer and/or Landowner will not settle any
lawsuit without the consent of the County. The County will act in good faith and not unreasonably
withhold consent to settle.
Section 21.Severability. If any phrase, provision or section of this Agreement is determined by
a court of competent jurisdiction to be invalid or unenforceable,or if any provision of this Agreement is
rendered invalid or unenforceable according to the terms of any statute of the State of Washington i
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which became effective after the Effective Date, the remainder of this Agreement and its application
will not be affected and will be enforceable to the fullest extent permitted by law.Alternatively, if either
party in good faith determines that such provision or provisions are material to its entering into this
Agreement, that party may elect to terminate this Agreement as to all of its obligations remaining i
unperformed.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on this 2-
day of December, 2-015.
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OWNER/DEVELOPER:
Seattle Inceptive Group LLC
86o NE Old Belfair Hwy
Belfair,WA 985z8
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' By:Jeff Way {. Date �
-Titie Member- nager
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY,WASHINGTON
ATTEST:
` / �rj
Rand Neatherlin,Chair
Ju i Almanzor,Clerk of the oard
NAY
APPROVED AS TO FORM: Tim Sheldon,Commissioner
Tim Whitehead,Chief DPA Terri Jeffreys,C lion
Development Agreement
Seattle Inceptive Group LLC
December 22,2015
Page 5 of 5
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EXHIBIT A
LEGAL DESCRIPTION OF SUBJECT PROPERTY
{
Tax Parcel Number: 12320-41-00010:
Total Acres:9.78000
THE SOUTH 10 ACRES OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 20,TOWNSHIP 23 NORTH,RANGE l WEST,W.M.,IN MASON COUNTY,
WASHINGTON.
EXCEPTING THEREFROM RIGHT OF WAY FOR OLD BELFAIR HIGHWAY,COUNTY ROAD
NO. 98250.
Tax Parcel Number: 12320-44-00020 1
Total Acres:2.15000 z
A TRACT OF LAND IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 20,TOWNSHIP 23 NORTH,RANGE I WEST,W.M.,IN MASON COUNTY,
WASHINGTON.
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER,WHICH IS EAST 254.2 FEET FROM THE NORTHWEST CORNER OF
SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER;THENCE EAST ALONG SAID
NORTH LINE 477.8 FEET;THENCE SOUTH 193.2 FEET;THENCE WEST,PARALLEL TO SAID
NORTH LINE 477.8 FEET;THENCE NORTH 193.2 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM,ALL THAT PORTION THEREOF,IF ANY,WHICH LIES WITHIN
THE EAST 584 FEET OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER,AND
EXCEPTING THEREFROM,ALL THAT PORTION THEREOF,IF ANY, WHICH LIES WITHIN A
TRACT OF LAND CONVEYED TO WALTER H.PHILLIPS,ET UX,IN DEED RECORDED
UNDER AUDITOR'S FILE NO. 113865,RECORDS OF MASON COUNTY,WASHINGTON.
Development Agreement-Exhibit A
Seattle Inceptive Group LLC
December 22,2015
Page 1 of 1