HomeMy WebLinkAboutDDR2015-00017 Rezone Hearing - DDR Letters / Memos - 12/22/2015 REQUEST 15-01 - RONALD SZALAY
REZONE THREE PARCELS
(PN 12332-50-000094, 12332-50-000096, and 12332-50-900102,)
FROM RURAL AREA RURAL RESIDENTIAL 5 ZONE
TO BELFAIR URBAN GROWTH AREA MIXED USE ZONE.
MASON COUNTY BOARD OF COMMISSIONERS
December 22,2015
FINDINGS OF FACT
1. Under consideration is the request by Ronald Szalay to amend the outer boundary of the
Belfair Urban Growth Area and rezone three parcels (total of 1.80 ac.) (parcel numbers 12332-
50-00094, 12332-50-00096, and 12332-50-90102) along State Route 3. The request involves the
rezone of these parcels partly in the Rural Residential 5 and Belfair Urban Growth Area Mixed
Use zone to entirely in the Belfair Urban Growth Area Mixed Use zone.
2. The Mason County Development Regulations Sec. 1.05.080 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.
3. At the June 22, 2015 Mason County Planning Advisory Commission meeting, the
Department of Community Development presented a staff report noting that little development
was on the subject properties, new development will be constrained by critical areas and
recommending approval of the requested rezone, based upon meeting all rezone criteria. In
their review,the Planning Advisory Commission members asked questions of staff on the split
zoning on these and nearby parcels, the critical areas on or near the properties,the existing
access from the state highway to the properties, and the potential for development for multi-
family residential land uses on these parcels. One public comment on the request was made
regarding connection to sewer. Some Commission members spoke on the increase in
residences on the subject properties and the concern for other properties making the same
change in zone request.
4. Based upon the evaluation of the rezone criteria, the Planning Advisory Commission
adopted a motion by 4 to 0 vote to recommend approval of the rezone request of three parcels
from Rural Area Rural Residential 5 zone to Belfair Urban Growth Area Mixed Use zone.
5. At the November 17, 2015 Mason County Board of Commissioners public hearing, the
Department of Community Development presented the staff report and the recommendation of
the requested rezone for approval by the Planning Advisory Commission. The Board of County
Commissioners asked questions of staff and heard no additional public comments on the request
to amend the urban growth area boundary and rezone from Rural Area Rural Residential 5 zone
to Mixed Use zone in the Belfair Urban Growth Area. The Board of County Commissioners
commented on the one existing residence on the subject properties, that highway access and
sewer infrastructure is available at the properties for future development, and that the proposed
zone is suitable for the vicinity for those reasons.
6. As provided in Mason County Development Regulations Section 1.05.079, at their
December 22, 2015 public meeting, the Mason County Board of Commissioners finds that
the proposal is in conformity with the Comprehensive Plan: the subject parcels do meet the
Belfair Urban Growth Area zone criteria, are adjacent to similar-sized parcels with existing
residential and commercial land uses, and the request to a medium-density residential land
use, where critical areas now exist, is justified.
Based upon the evaluation of the Mason County Development Regulations Sec. 17.05.080
Rezone Criteria, the Board of County Commissioners findings for this request to rezone three
parcels [PN: 12332-50-00094, 12332-50-00096, and 12332-50-90102] from Rural Area
Rural Residential 5 zone to Belfair Urban Growth Area Mixed Use zone to are:
Criterion 1 (no damage to public health, safety and welfare) is met; concurs with staff
evaluation on potential project review.
Criterion 2 (consistent Comprehensive Plan designation) is met; based upon staff
evaluation that the Belfair UGA boundary may be changed to the boundaries of the
subject three parcels and that the Urban Growth Area Mixed Use zone is the most
appropriate designation.
Criterion 3 (no increase of sprawling low-density rural development or uses
incompatible to resource-based land uses) is met; concurs with staff evaluation.
Criterion 4 (no increase of demand for urban services in rural areas) is met; concurs
with staff evaluation.
Criterion 5 (does not interfere with GMA goal to encourage development in urban
areas) is met; concurs with staff evaluation.
Criterion 6 (does not interfere with GMA goal to encourage open space retention,
conserve fish and wildlife habitat, and protect air and water quality) is met; based
upon staff evaluation
Criterion 7 (no pressure to change land use designations of other lands or to cause
greater than projected population increases in rural areas) is met; concurs with staff
evaluation.
Criterion 8 (corrective rezone of lands) is not applicable to this request.
From the preceding findings,the Mason County Board of Commissioners adopted a motion
to approve the request by Ronald Szalay to rezone three parcels [PN: 12332-50-00094,
12332-50-00096, and 12332-50-90102] from Rural Area Rural Residential 5 zone to Belfair
Urban Growth Area Mixed Use zone; and the Belfair Urban Growth Area Zoning Map and
the Mason County Development Areas Map shall be updated to portray this zone change on
the official maps.
Chair, Mason County Board of Commissioners Date
STAFF REPORT: SITE-SPECIFIC REZONE APPLICATION
REzoNE REQUEST No. 15-01 [DDR2015-00017]
APPLICANTS: RONALD P. SZALAY.
STAFF CONTACT: Allan Borden, (360)427-9670 ext. 365
SUMMARY OF PROPOSAL: The applicant is requesting to amend the outer boundary of the
Belfair Urban Growth Area around three parcels, currently designated partly as Belfair Urban
Growth Area Mixed Use(MU)zone and partly Rural Area Rural Residential 5 zone,have the
complete three parcels designated Belfair Urban Growth Area, and each rezoned as Belfair
Urban Growth Area Mixed Use zone.
STAFF CONCLUSION: The rezone criteria as outlined in Mason County Development
Code Section 1.05.080 are met. This proposed change in urban growth area boundaries and the
rezone to Mixed Use zone is consistent with the Comprehensive Plan goals for appropriate
zoning designation,encouraging the provision of adequate public services, and protecting
resource lands and critical areas in the vicinity. Staff finds the request is consistent to rezone
Parcel Nos. '1�.2332=5U=;00094 (0.31 ac.), 12332-50-00096 (0.47 ac.),and 12332-50-90102 (1.01
ac.) from Rural Area Rural Residential 5 zone to Belfair UGA Mixed Use zone.
PARCEL INFORMATION:
Parcel No. 12332-50-00094(0.31 ac.), 12332-50-00096(0.47 ac.), 12332-50-90102(1.01 ac.).
Total Acreage Proposed for Rezone: 1.80 ac.
CURRENT ZONING DESIGNATION: Rural Residential 5 (1 dwelling unit per 5 acres)
The Rural Residential 5 designation is intended to provide for residential development on
parcels of 5 acres or more. Lots with the RR5 designation may have the following allowed
uses: single family residential,hobby farms (small-scale commercial agriculture, including
aquaculture and wood lots), churches, local community and recreation centers, group homes, cell
towers, fire stations, fish hatcheries, and public utilities. With special permits,the following
uses are also permitted within this designation: essential public facilities, schools, commercial
day care centers, cemeteries, and home occupations and cottage industries that do not meet the
standards in Section 1.03.021 of the Mason County Development Regulations.
PROPOSED ZONING DESIGNATION: Belfair Urban Growth Area Mixed Use(MU zone)
The primary purpose of this district is to provide for a mix of uses along the SR-3 corridor, in
sites around the FR District, and at the future crossroads of Romance Hill Road and the planned
Alternative North/South access road. Permitted uses include commercial, office, and residential
uses. By allowing a broad array of uses,property owners have more choice in how the land can
be developed. Design standards allow developments to front on the street as long as they
provide pedestrian-oriented facades—otherwise, developments must provide a landscaping
buffer along the street front to enhance the character of the area. Design standards also
encourage pedestrian and vehicular connectivity between properties. Building heights up three
to five stories are permitted,with lower building heights west of SR 3. Otherwise,no specific
IACommunity DevelopmentTLANNINGWIan Bordenkomp plan amendments\2015 Rezones\.Szalay rezone 15-01 Staff Report.doc 1
density limits are provided(as they will be limited by parking requirements, natural site
constraints, and market constraints).
1. WHY IS THE APPLICANT PROPOSING THIS AMENDMENT AT THIS TIME?
The applicant wants the three properties to be completely inside of the Belfair UGA and
designated Mixed Use zone,to enable the construction of multi-family residences in the
vicinity, as urban services (public roads, fire hydrants, and natural as, for example) are
tY (P Y g P )
available to the properties.
H. HISTORY OF SITE
Portions of these three parcels are located within the outer boundaries of the Belfair Urban
Growth Area. The three parcels are part of the Theler Farm and Garden Tracts created in
1939. The zoning of these properties was done 2004; zoning and the UGA boundary was
mapped at the 300-foot depth from State Route 3 and caused split zoning on each of the
parcels.
III. LAND USE& EXISTING CONDITIONS
A) LOCATION
These parcels are located on the west side of State Route 3, south of the Theler
Center, and 0.25 miles north of State Route 106. (Maps 1 and 3)
B) SITE CONDITIONS
The parcels are within an area of existing development of residential and
commercial land uses, and property accesses. A type P stream crosses the south
part of parcel -90102 and outlets through properties to the west and southwest.
C) CURRENT SURROUNDING ZONING(SEE ATTACHED MAP 1)
NORTH: Rural Area/Rural Residential 5 zone.
EAST: Urban Growth Area/MU zone.
SOUTH: Urban Growth Area/MU zone.
WEST: Rural Area/Rural Residential 5 zone.
D) ACCESS/TRANSPORTATION
All three parcels have road access to a private road and/or State Route 3.
E) PUBLIC UTILITIES(SEWER/SEPTIC,WATER)
Two of the three of the parcels have sewer provisions (parcel -00094 is not
developed) and water available. These are public maintained systems.
F) ENVIRONMENTAL/SEPA
A formal SEPA determination of non-significance was made on May 29, 2015.
The proposed amendment would result in moderate impacts by having the
development on site located within the proposed, more intensive UGA zone.
The fish and wildlife habitat critical areas do affect parcel-90102. Current
buffer, setback, and development regulations must be followed for proposed
1ACommunity DevelopmentTLANNING\Allan Bordenkomp plan amendments\2015 Rezones\Sralay rezone 15-01 StaffReport.doe 2
development on all three properties.
STAFF ANALYSIS
Under Section 1.05.080, Rezone Criteria, of the Mason County Development
Regulations,the County shall review a rezone proposal and enter written findings for the
following criteria. (The County's responses are shown in Italics).
1. Development-allowed by the proposed rezone designation shall not damage public health,
safety and welfare.
Generally the rezoning of the three parcels would not cause significant damage to
public safety and health, with the assumption that all current development regulations
are followed and the proper permitting process (including sewer connections) is
completed. If the request is approved, additional primary or multi family residences
could be proposed on the three parcels as the UGA Mixed Use zoning will allow
(possibly seven residences). Provision of the sewer for the Belfair UGA west of State
Route 3 will be part of that project review.
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.
The request to be within the UGA boundary requires the corresponding
Comprehensive Plan and zoning map changes, showing the new Belfair UGA
boundary, to compltate the request.. The proposed Mixed Use zone would extend to the -- --
full dimensions of the three subject parcels and would result in less confusion
regarding land management on the properties.
The Belfair UGA boundary was based on the population allocation for the community
and the range of land uses within it. Population allocations for Belfair and the county
were evaluated for the new planning time horizon of 2005 to 2025; a population of
around 5,900 people was anticipated for the Belfair UGA.
The subject parcels to be rezoned are located along the private road serving as the
access to the area of single family residences. Due to the proximity of stream critical
areas, development to urban growth area Mixed Use properties may require
approvals of variance to standards and special studies as part of proposal review.
For the reasons above, the rezone proposal to Urban Growth Area Mixed Use zone is
an appropriate zone for these parcels and does match the characteristics of the area
to be rezoned better than any other zone designation in the Belfair Urban Growth
Area.
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.
I:\ConununityDevelopment\PLANNING\AllanBorden\romp plan amendmems\2015 Rezones\Szalay rezone 15-01 Staff Repon.doc 3
The requested Mixed Use zone within the Belfair UGA provides for the expansion of
this zone to the entire area of each subject parcel, where the surrounding parcels are
small sized and contain some structures. The change in zoning into the UGA
designation would enable future development within the bounds of the subject
property following the UGA zone standards. Resource-based land uses (fish &
wildlife habitat and shellflsh areas) occur farther to the west and are not affected by
the rezone decision or future development.
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.
The rezone of Rural Residential 5 to Mixed Use zone is more intensive land use, but
would not cause significant demand for urban-level services. Due to the property
location, the demand for urban level of services (water and sewer, law enforcement)
would increase and make the provision of planned services within urban growth area
to the north, east, and south more cost-efficient.
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.
The requested rezone from Rural Area to urban growth area is a more intensive land
use, and as noted in Criterion 4, the demand for urban level of services (water and
sewer, law enforcement)would increase within the urban growth area and make the
provision of currently planned services within urban growth area to the north, east,
and south more cost-efficient. Only 0.70 acre of property in the subject parcels is
involved in this rezone request to expand the area of urban growth area to the full
extent of the parcels. Public services and facilities can continue to be efficiently
provided to adjacent lands still within the UGA .
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.
The requested rezone to the urban growth area Mixed Use zone from Rural Area zone
is a more intensive land use. The proposed boundary change will be the logical
perimeter of the parcels involved. This is an efficient use of space to provide for
improvements where costs of extension of services is much less than dispersed
residential and commercial development. Open space and conservation offish and
wildlife habitat occurs on properties to the west and south.
I:\Community Development\PLANNING\Allan Borden\comp plan amendmems\2015 Rezones\Szslay rezone 15-01 StaffRepon.doc 4
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.
For the proposed urban growth area boundary change and rezone, a relative increase
in development density is possible and the approval of the request would not
encourage additional applications for review in Belfair UGA area. If the requested
change in the UGA boundary is approved,future requests for properties near the
boundaries of other UGAs will be closely evaluated, and the burden is on the
applicant to show that the location of request does not affect the planned population
and land use allocations to the UGA or to the adjacent Rural Area.
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.
Not Applicable, and the present rezone request does not claim any errors were made.
I. FINDINGS
Based upon the application materials and the evaluation of the rezone criteria, staff findings for
this request are:
Criterion 1 (no damage to public health, safety and welfare)is met;based upon staff evaluation.
Criterion 2 (consi-stent-Comprehensive Plan designation)is met; based upon staff evaluation that
the Belfair UGA boundary may be changed to the boundaries of the subject three parcels and
that the Urban Growth Area Mixed Use zone is the most appropriate designation.
Criterion 3 (no increase of sprawling low-density rural development or uses incompatible to
resource-based land uses)is met;based upon staff evaluation.
Criterion 4 (no increase of demand for urban services in rural areas) is met; based upon staff
evaluation.
Criterion 5 (does not interfere with GMA goal to encourage development in urban areas)is met;
based upon staff evaluation for efficient provision of urban services.
Criterion 6 (does not interfere with GMA goal to encourage open space retention, conserve fish
and wildlife habitat, and protect air and water quality) is met; based upon staff evaluation.
Criterion 7 (no pressure to change land use designations of other lands or to cause greater than
projected population increases in rural areas)is met; based upon staff evaluation that no
precedent is created in regard to other UGA boundaries.
Criterion 8 (corrective rezone of lands) is not applicable to this request.
II.OPTIONS FOR ACTION
The Planning Advisory Commission has the following decision options to consider:
1. Recommend Approval of the proposal as the applicant has requested.
2. Recommend Denial of the proposal.
I:\CommunityDevelopment\PLANNINGWianBorden\comp plan amendments\2015 Rezones\Szalay rezone 15-01 Staff Report.doc 5
MASON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT ' I T
411 No. Fifth Street 11 P.O. Box Z79, Shelton WA. 99584
APPLICATION FOR AMENDMENT TO Ault
COMPREHENSIVE PLAN FUTURE LAND USE MAP. y'
[One application per parcel or contiguous group of parcels. This application does not guarantee
approval. You should discuss your proposal with the County Long Range Planner prior to
application. Burden is on applicant to show compliance with the Comprehensive Plan or Growth
Management Act policies and other planning ordinances.]
Applicant 6A j,C1— �2-A LAY
Maifing Address:
City: G'A State: IVA zip. jv
Telephone No.: ('o D - �- 77 7
Parcel Number(s):
Parcel Size and Legal Description: T6�A L 1-L- 65Z5
What kind of change in map information is requested � ��
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Rationale for the Request: (include information on the property features, land use, and maps
that wiii be used in considering your application) (see the attached information sheet)
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FEE_ $1,910.00 Signatu n ate
L\COMM JNTIY DEVELOPME171PAC\FORMS12009 REZONE-COMP ANOvE iD.doc (ahb)
I
NOTICE OF APPLICATION
for Amendment to the Mason County Comprehensive Plan
and Request for Rezone (Case No. 15-01)
Notice is hereby given that the applicant, Ronald Szalay, has filed an
application for a request to redesignate three parcels, 2.10 acres in
total size and noted below, in the Rural Area from Rural Residential 5
zone to the Belfair Urban Growth Area; and then zone these complete
parcels as Mixed Use zone. The applicant currently does not have
certain plans for future development of the property.
Site address and Project Location: At 22635 NE State Route 3 within the
Belfair Urban Growth Area, Belfair, WA.
Parcel No: 12332-50-00094, 12332-50-00096, and 12332-50-90102
A complete legal description available at the County office listed below.
Date of Application: March 2015.
- - The proposed amendment to the Mason County Comprehensive Plan and
Request for Rezone is subject to the public review process under the Mason
County Development Code, Section 15.09.060. This application is evaluated
under the standards of the Mason County Development Regulations Section
1.05.080, Rezone Criteria.
A PUBLIC HEARING will be held by the Mason County Planning
Advisory Commission on the request on Monday June 22, 2015 at 6:00
p.m. in the County Commissioners Chambers, Bldg. 1, 411 N. 5t' Street,
Shelton, WA.
A public hearing by the Board of County Commissioners will be held in
November 2015, when a final decision will be made. If special
accommodations are needed, please contact the Planning Department
at (360) 427-9670 ext. 365.
Comments or questions on this request or the public review process may be sent
to Allan Borden, Department of Community Development, 426 West Cedar St.,
Shelton WA 98584, or (360) 427-9670 ext. 365.
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MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Allan Borden
DEPARTMENT: Community Development - Planning EXT: 365
BRIEFING DATE: October 12, 2015
PREVIOUS BRIEFING DATES: N/A
If this is a follow-up briefing, please provide only new information
ITEM: Public Hearing — Rezone #15-01 Ronald Szalay three parcels in
the Belfair Urban Growth Area.
EXECUTIVE SUMMARY: Request by one property owner to amend the
outer boundary of the Belfair Urban Growth Area to include three existing
parcels, and have each of the complete parcels rezoned as Belfair Urban
Growth Area Mixed Use zone.
Mason County Planning Advisory Commission held a public hearing about
this request on June 22, 2015; following their questions and discussion on
the request staff report, their decision recommendation to approve the
request was adopted on a 4 to 0 vote.
BUDGET IMPACTS: The scope of new development of multi-family
residential land uses (compatible to existing uses) depends on the requests
of the owner. Little to no impact to Mason County budget is expected.
RECOMMENDED OR REQUESTED ACTION: Adopt a motion to amend the
Belfair Urban Growth Area boundaries and rezone the entire three parcels
as Belfair UGA Mixed Use zone.
ATTACHMENTS:
a) June 22, 2015 Staff Report on Rezone #15-01 (Szalay properties);
b) June 22, 2015 Planning Advisory Commission minutes on the rezone
request.
Szalay Rezone Briefing Item
Public Hearing on 3une 22, 2015 — Rezone #15-01 Ronald Szalay
A request to amend the outer boundary of the Belfair Urban Growth Area
around three parcels, and have the complete three parcels each rezoned as
Belfair Urban Growth Area Mixed Use zone.
Presenter: Allan Borden, Department of Community Development
Allan Borden began by addressing the request made by Ronald Szalay. He said the
applicant has 3 pieces of property in various sizes which are zoned Rural Area Rural
Residential 5 and Belfair Urban Growth Area (UGA) Mixed Use zone. Mr. Szalay would
like to have the parcels completely within the UGA. Allan went through his staff report
and spent time explaining the attached maps. He went on to discuss allowed uses. At
this time, he handed out a copy of the Belfair UGA zoning code to the PAC. Allan said
that a change in zoning could create a greater number of proposed primary and multi-
family residences, possibly up to 7 residences could be placed on these properties. After
reading through remaining portions of his staff report, he asked for any questions. Bill
asked how other parcels with split zoning would need to be addressed. Allan responded
saying that each parcel would have to go through this request. Bill then asked Allan if
the other split parcels were due to mapping errors to which he said no. Vicki asked
about the other UGA's and asked if changing this area would be considered jumping the
gun without knowing what changes were in the works for the other UGA's. Allan
responded saying that would be up to the County Commissioners, ultimately. Steve
asked about issues with development, mainly access to the parcels. He said there looks
to be 3 private drives on the current map with no other access to the parcels behind
them. Rob pointed out that access is not an issue for the PAC to worry about.
At 6:41 pm, Bill opened up the public hearing for comment.
Constance Ibsen asked for the exact location of the proposal. Rob explained that the
parcels are near the Re-Store in Belfair, and used the attached maps as reference. Allan
showed Constance the location of the other businesses in the area. Constance asked for
the history of the parcels that have split zoning. She said that when the UGA's were
being created, there were people who asked to not be zoned within the UGA and
questioned if that was the case with this land. Constance asked if the parcels in question
would be required to hook up to the Belfair Sewer upon development. Allan said that
they would. Rob added that properties within 500 feet of the sewer are required to hook
up. She asked Allan if the property owner was aware of the need to hook up to Belfair
services, to which Allan said he believed Mr. Szalay was aware of this.
At 6:46 pm, Bill closed the public hearing.
Vicki commented that although she feels that Mason County is in need of housing, she is
worried about neighboring parcels asking for zone changes once surrounded by the UGA
Mixed Zone Use. This sparked a discussion between the PAC and Allan about future
growth and changes within the area. Rob said he feels it should be approved to move
on to the County Commissioners. Bill asked how the other PAC members felt about this
proposal. Steve made a motion to approve the proposal as written. Motion seconded by
Rob. All in favor, motion passed.
Szalay PAC Public Hearing summary
STAFF REPORT: SITE-SPECIFIC REZONE APPLICATION
REzoNE REQUEST No. 15-01 [DDR2015-00017]
APPLICANTS: RONALD P. SZALAY.
STAFF CONTACT: Allan Borden, (360)427-9670 ext. 365
SUMMARY OF PROPOSAL: The applicant is requesting to amend the outer boundary of the
Belfair Urban Growth Area around three parcels, currently designated partly as Belfair Urban
Growth Area Mixed Use(MU)zone and partly Rural Area Rural Residential 5 zone,have the
complete three parcels designated Belfair Urban Growth Area,and each rezoned as Belfair
Urban Growth Area Mixed Use zone.
STAFF CONCLUSION: The rezone criteria as outlined in Mason County Development
Code Section 1.05.080 are met. This proposed change in urban growth area boundaries and the
rezone to Mixed Use zone is consistent with the Comprehensive Plan goals for appropriate
zoning designation, encouraging the provision of adequate public services, and protecting
resource lands and critical areas in the vicinity. Staff finds the request is consistent to rezone
Parcel Nos. 12332-50-00094(0.31 ac.), 12332-50-00096 (0.47 ac.),and 12332-50-90102 (1.01
ac.) from Rural Area Rural Residential 5 zone to Belfair UGA Mixed Use zone.
PARCEL INFORMATION:
Parcel No. 12332-50-00094(0.31 ac.), 12332-50-00096(0.47 ac.), 12332-50-90102(1.01 ac.).
Total Acreage Proposed for Rezone: 1.80 ac.
CURRENT ZONING DESIGNATION: Rural Residential 5 (1 dwelling unit per 5 acres)
The Rural Residential 5 designation is intended to provide for residential development on
parcels of 5 acres or more. Lots with the RR5 designation may have the following allowed
uses: single family residential,hobby farms (small-scale commercial agriculture, including
aquaculture and wood lots), churches,local community and recreation centers, group homes, cell
towers,fire stations,fish hatcheries, and public utilities. With special permits,the following
uses are also permitted within this designation: essential public facilities, schools, commercial
day care centers, cemeteries,and home occupations and cottage industries that do not meet the
standards in Section 1.03.021 of the Mason County Development Regulations.
PROPOSED ZONING DESIGNATION: Belfair Urban Growth Area Mixed Use(MU zone)
The primary purpose of this district is to provide for.a mix of uses along the SR-3 corridor, in
sites around the FR District, and at the future crossroads of Romance Hill Road and the planned
Alternative North/South access road. Permitted uses include commercial, office, and residential
uses. By allowing a broad array of uses,property owners have more choice in how the land can
be developed. Design standards allow developments to front on the street as long as they
provide pedestrian-oriented facades—otherwise, developments must provide a landscaping
buffer along the street front to enhance the character of the area. Design standards also
encourage pedestrian and vehicular connectivity between properties. Building heights up three
to five stories are permitted, with lower building heights west of SR 3. Otherwise,no specific
L\Community DevelopmenfTLANNING1Allan Bordenkomp plan amendmemsWIS R=nes\Szalay rezone 15-01 Staffkeport.doc 1
density limits are provided(as they will be limited by parking requirements,natural site
constraints, and market constraints).
1. WHY IS THE APPLICANT PROPOSING THIS AMENDMENT AT THIS TVgE?
The applicant wants the three properties to be completely inside of the Belfair UGA and
designated Mixed Use zone,to enable the construction of multi-family residences in the
vicinity, as urban services (public roads,fire hydrants, and natural gas,for example) are
available to the properties.
H. HISTORY OF SITE
Portions of these three parcels are located within the outer boundaries of the Belfair Urban
Growth Area_ The three parcels are part of the Theler Farm and Garden Tracts created in
1939. The zoning of these properties was done 2004; zoning and the UGA boundary was
mapped at the 300-foot depth from State Route 3 and caused split zoning on each of the
parcels.
M. LAND USE&EXISTING CONDITIONS
A) LOCATION
These parcels are located on the west side of State Route 3, south of the Theler
Center, and 0.25 miles north of State Route 106. (Maps 1 and 3)
B) SITE CONDITIONS
The parcels are within an area of existing development of residential and
commercial land uses, and property accesses. A type P stream crosses the south
part of parcel-90102 and outlets through properties to the west and southwest.
C) CURRENT SURROUNDING ZONING(SEE ATTACHED MAP 1)
NORTH: Rural Area/Rural Residential 5 zone.
EAST: Urban Growth Area/MU zone.
SOUTH: Urban Growth Area/MU zone.
WEST: Rural Area/Rural Residential 5 zone.
D) ACCESS/TRANSPORTATION
All three parcels have road access to a private road and/or State Route 3.
E) PUBLIC UTILITIES(SEWER/SEPTIC,WATER)
Two of the three of the parcels have sewer provisions (parcel-00094 is not
developed) and water available. These are public maintained systems.
1) ENviRoNMENTAL/SEPA
A formal SEPA determination of non-significance was made on May 29,2015.
The proposed amendment would result in moderate impacts by having the
development on site located within the proposed, more intensive UGA zone.
The fish and wildlife habitat critical areas do affect parcel-90102. Current
buffer, setback, and development regulations must be followed for proposed
IACommunity Developme d\?LADATINMGan Borden\comp plea amendment=15 RemneslSzalay rezone 15-01 Sca£Repon.doc 2
development on all three properties.
STAFF ANALYSIS
Under Section 1.05.080, Rezone Criteria, of the Mason County Development
Regulations,the County shall review a rezone proposal and enter written findings for the
following criteria. (The County's responses are shown in Italics).
1. Development allowed by the proposed rezone designation shall not damage public health,
safety and welfare.
Generally the rezoning of the three parcels would not cause significant damage to
public safety and health, with the assumption that all current development regulations
are followed and the proper permitting process (including sewer connections) is
completed. If the request is approved, additional primary or multi family residences
could be proposed on the three parcels as the UGA Mixed Use zoning will allow
(possibly seven residences). Provision of the sewer for the Belfair UGA west of State
Route 3 will be part of that project review.
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.
The request to be within the UGA boundary requires the corresponding
Comprehensive Plan and zoning map changes, showing the new Belfair UGA
boundary, to complete the request. The proposed Mixed Use zone would extend to the
full dimensions of the three subject parcels and would result in less confusion
regarding land management on the properties.
The Belfair UGA boundary was based on the population allocation for the community
and the range of land uses within it. Population allocations for Belfair and the county
were evaluated for the new planning time horizon of 2005 to 2025;a population of
around 5,900 people was anticipated for the Belfair UGA.
The subject parcels to be rezoned are located along the private road serving as the
access to the area of single family residences. Due to the proximity of stream critical
areas, development to urban growth area Mixed Use properties may require
approvals of variance to standards and special studies as part of proposal review.
For the reasons above, the rezone proposal to Urban Growth Area Mixed Use zone is
an appropriate zone for these parcels and does match the characteristics of the area
to be rezoned better than any other zone designation in the Belfair Urban Growth
Area.
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.
I:Tommunity DevelopmentlPLANNA1GWlaa Borden\oomp plan amendments12015 RezonesZzalay rezone 15-01 StaffRepomdoc 3
The requested Mixed Use zone within the Belfair UGA provides for the expansion of
this zone to the entire area of each subject parcel, where the surrounding parcels are
small sized and contain some structures. The change in zoning into the UGA
designation would enable future development within the bounds of the subject
property following the UGA zone standards. Resource-based land uses (fish &
wildlife habitat and shel ash areas) occur farther to the west and are not affected by
the rezone decision or future development.
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.
The rezone of Rural Residential 5 to Mixed Use zone is more intensive land use, but
would not cause significant demand for urban-level services. Due to the property
location, the demand for urban level of services (water and sewer, law enforcement)
would increase and make the provision of planned services within urban growth area
to the north, east, and south more cost-efficient.
S. 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.
The requested rezone from Rural Area to urban growth area is a more intensive land
use, and as noted in Criterion 4, the demand for urban level of services (water and
sewer, law enforcement) would increase within the urban growth area and make the
provision of currently planned services within urban growth area to the north, east,
and south more cost-efficient. Only 0.70 acre ofproperty in the subjectparcels is
involved in this rezone request to expand the area of urban growth area to the full
extent of the parcels. Public services and facilities can continue to be efficiently
provided to adjacent lands still within the UGA .
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.
The requested rezone to the urban growth area Mixed Use zone from Rural Area zone
is ,a more intensive land use. The proposed boundary change will be the logical
perimeter of the parcels involved. This is an efficient use of space to provide for
improvements where costs of extension of services is much less than dispersed
residential and commercial development. Open space and conservation offish and
wildlife habitat occurs on properties to the west and south.
I:\Community Development\PLAMTWGLUan Borden\comp plan amendmems1201$Rezones\Szalay rezone 15-01 StsffReport.doc 4
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.
For the proposed urban growth area boundary change and rezone, a relative increase
in development density is possible and the approval of the request would not
encourage additional applications for review in Belfair UGA area. If the requested
change in the UGA boundary is approved,future requests for properties near the
boundaries of other UGAs will be closely evaluated, and the burden is on the
applicant to show that the location of request does not affect the planned population
and land use allocations to the UGA or to the adjacent Rural Area.
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.
Not Applicable, and the present rezone request does not claim any errors were made.
I. FINDINGS
Based upon the application materials and the evaluation of the rezone criteria, staff Endings for
this request are:
Criterion 1 (no damage to public health, safety and welfare)is met; based upon staff evaluation.
Criterion 2(consistent Comprehensive Plan designation)is met;based upon staff evaluation that
the Belfair UGA boundary may be changed to the boundaries of the subject three parcels and
that the Urban Growth Area Mixed Use zone is the most appropriate designation.
Criterion 3 (no increase of sprawling low-density rural development or uses incompatible to
resource-based land uses)is met;based upon staff evaluation.
Criterion 4 (no increase of demand for urban services in rural areas) is met; based upon staff
evaluation.
Criterion 5 (does not interfere with GMA goal to encourage development in urban areas)is met;
based upon staff evaluation for efficient provision of urban services.
Criterion 6 (does not interfere with GMA goal to encourage open space retention, conserve fish
and wildlife habitat, and protect air and water quality)is met;based upon staff evaluation.
Criterion 7 (no pressure to change land use designations of other lands or to cause greater than
projected population increases in rural areas)is met;based upon staff evaluation that no
precedent is created in regard to other UGA boundaries.
Criterion 8 (corrective rezone of lands) is not applicable to this request.
II.OPTIONS FOR ACTION
The Planning Advisory Commission has the following decision options to consider:
1. Recommend Approval of the proposal as the applicant has requested.
2. Recommend Denial of the proposal.
L\Community DevelopmeutTLAIZMG\Allan Bordenlcomp plan amendmeas\2015 Rezones\.z y rezone 15-01 Staff Repomdoc 5
MASON COUNTY �2015
DEPARTMENT OF COMMUNITY DEVELOPMENT
411 No. Fifth Street II P.O. Box 279, Shelton WA. 98584
APPLICATION FOR AMENDMENT TO P
COMPREHENSWE PLAN FUTURE LAND USE MAP.
,,,
[One application per parcel or contiguous group of parcels. This application does not guarantee
approval. You should discuss your proposal with the County Long Range Planner prior to
application. Burden is on applicant to show compliance wit the Comprehensive Plan or Growth
NManagemeru Act policies and other planning ordinances.]
Applicant `�d�J142�j �ZA LA`
Maifiing Address: 2� S, t✓. I
C.'f. state: WA zip: 060-7
Telephone No_:
Parcel Number(s): /23��� �� _ d6c�, 12332- 066 I Z33Z-�v
Parcel Size and Legal Description: f6�AL Li. '� ► �' 6-
What kind of change in map information is requested ? „ r i A�0 j
epfjjk_� Lp,�jo 1ar2,-=A fdj�_' 46&Ve, PA66e-LZ,
Rationale for the Request: (include information on the property features, land use, and maps
that will be used in considering your application) (see the attached information sheet)
70 jC 51 L7_
P� $1,9'iD_DD SigFtatur n aEe
L\CDIYMJN=DEVE.OPh ENrF1PACT-ORMS'12.009 R=DNE-CO1YT ANEYMI'D.doc (ahb)
NOTICE OF APPLICATION
for Amendment to the Mason County Comprehensive Plan
and Request for Rezone (Case No. 15-01)
Notice is hereby given that the applicant, Ronald Szalay, has filed an
application for a request to redesignate three parcels, 2.10 acres in
total size and noted below, in the Rural Area from Rural Residential 5
zone to the Belfair Urban Growth Area; and then zone these complete
parcels as Mixed Use zone. The applicant currently does not have
certain plans for future development of the property.
Site address and Project Location: At 22635 NE State Route 3 within the
Belfair Urban Growth Area, Belfair, WA.
Parcel No: 12332-50-00094, 12332-50-00096, and 12332-50-90102
A complete legal description available at the County office listed below.
Date of Application: March 2015.
The proposed amendment to the Mason County Comprehensive Plan and
Request for Rezone is subject to the public review process under the Mason
County Development Code, Section 15.09.060. This application is evaluated
under the standards of the Mason County Development Regulations Section
1.05.080, Rezone Criteria.
A PUBLIC HEARING will be held by the Mason County Planning
Advisory Commission on the request on Monday June 22, 2015 at 6:00
p.m. in the County Commissioners Chambers, Bldg. 1, 411 N. 5"' Street,
Shelton, WA.
A public hearing by the Board of County Commissioners will be held in
November 2015, when a final decision will be made. If special
accommodations are needed, please contact the Planning Department
at (360) 427-9670 ext. 365.
Comments or questions on this request or the public review process may be sent
to Allan Borden, Department of Community Development, 426 West Cedar St.,
Shelton WA 98584, or (360) 427-9670 ext. 365.
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MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Allan Borden Action Agenda
Public Hearing _X_
Other
DEPARTMENT: Commissioners EXT: _365
COMMISSION MEETING DATE: November 17, Agenda Item #
2015 at 9.30 AM (Commissioner staff to complete)
BRIEFING DATE: October 12, 2015
BRIEFING PRESENTED BY: Allan Borden
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM: PUBLIC HEARING: Rezone No. 15-01 Request by Ronald Szalay to amend the
outer boundary of the Belfair Urban Growth Area and rezone three parcels (total of
1.80 ac.) (parcel numbers 12332-50-00094, 12332-50-00096, and 12332-50-90102)
along State Route 3 near Theler Center properties; the request involves the rezone of
these parcels partly in the Rural Residential 5 and Belfair Urban Growth Area Mixed
Use zone to entirely in the Belfair Urban Growth Area Mixed Use zone.
Background: This request is the first of the 2015 rezone requests to be considered in
public hearing. To make this requested zone change, a public hearing by the Mason
County Board of Commissioners must take place and a decision rendered. Public
hearing by Planning Advisory Commission was held on June 22, 2015; their
recommendation to support staff findings and for the approval of this request was
adopted by a vote 4 yes.
RECOMMENDED ACTION:
Approval of requested Rezone
Attachment(s): Notice of Hearing dated Oct. 20, 2015; Planning Advisory
Commission meeting summary; and Staff report.
BCC Agenda 11-17-15 public hearing Szalay rezone
l
Public Hearing on June 22, 2015 — Rezone #15-01 Ronald Szalay
A request to amend the outer boundary of the Belfair Urban Growth Area
around three parcels, and have the complete three parcels each rezoned as
Belfair Urban Growth Area Mixed Use zone.
Presenter; Allan Borden, Department of Community Development
Allan Borden began by addressing the request made by Ronald Szalay. He said the
applicant has 3 pieces of property in various sizes which are zoned Rural Area Rural
Residential 5 and Belfair Urban Growth Area (UGA) Mixed Use zone. Mr. Szalay would
like to have the parcels completely within the UGA. Allan went through his staff report
and spent time explaining the attached maps. He went on to discuss allowed uses. At
this time, he handed out a copy of the Belfair UGA zoning code to the PAC. Allan said
that a change in zoning could create a greater number of proposed primary and multi-
family residences, possibly up to 7 residences could be placed on these properties. After
reading through remaining portions of his staff report, he asked for any questions. Bill
asked how other parcels with split zoning would need to be addressed. Allan responded
saying that each parcel would have to go through this request. Bill then asked Allan if
the other split parcels were due to mapping errors to which he said no. Vicki asked
about the other UGA's and asked if changing this area would be considered jumping the
gun without knowing what changes were in the works for the other UGA's. Allan
responded saying that would be up to the County Commissioners, ultimately. Steve
asked about issues with development, mainly access to the parcels. He said there looks
to be 3 private drives on the current map with no other access to the parcels behind
them. Rob pointed out that access is not an issue for the PAC to worry about.
At 6:41 pm, Bill opened up the public hearing for comment.
Constance Ibsen asked for the exact location of the proposal. Rob explained that the
parcels are near the Re-Store in Belfair, and used the attached maps as reference. Allan
showed Constance the location of the other businesses in the area. Constance asked for
the history of the parcels that have split zoning. She said that when the UGA's were
being created, there were people who asked to not be zoned within the UGA and
questioned if that was the case with this land. Constance asked if the parcels in question
would be required to hook up to the Belfair Sewer upon development. Allan said that
they would. Rob added that properties within 500 feet of the sewer are required to hook
up. She asked Allan if the property owner was aware of the need to hook up to Belfair
services, to which Allan said he believed Mr. Szalay was aware of this.
At 6:46 pm, Bill closed the public hearing.
Vicki commented that although she feels that Mason County is in need of housing, she is
worried about neighboring parcels asking for zone changes once surrounded by the UGA
Mixed Zone Use. This sparked a discussion between the PAC and Allan about future
growth and changes within the area. Rob said he feels it should be approved to move
on to the County Commissioners. Bill asked how the other PAC members felt about this
proposal. Steve made a motion to approve the proposal as written. Motion seconded by
Rob. All in favor, motion passed.
Szalay PAC Public Hearing summary
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will
hold a public hearing at the Mason County Courthouse Building I, Commission
Chambers, 411 North Fifth Street, Shelton, WA 98584 on Tuesday, November 17,
2015 at 9:30 a.m.
SAID HEARING will be to review Rezone Request No. 15-01 by Ronald Szalay to
amend the outer boundary of the Belfair Urban Growth Area and then rezone the entire
three parcels (total of 1.80 ac.) along State Route 3 near Theler Center properties to
Belfair Urban Growth Area Mixed Use zone. This action involves parcel numbers 12332-
50-00094, 12332-50-00096, and 12332-50-90102.
If you have questions on the contents of the proposed change in zoning, contact
Allan Borden (360) 427-9670, Ext. 365. If special accommodations are
needed, contact the Commissioners' office, 427-9670, Ext. 419.
DATED this 20th day of October 2015.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
lam(
)ulie Almanzor, Clerk of the BoardO
cc: Journal - Publ 2t: 10/29/15 & 11/05/15
Planning
(Bill: Planning — 426 West Cedar St., Shelton, WA 98584)
!:\Zoren\BCC Agenda Item 10-20 2015 Summary for rezone request.doc
Public Hearing on 3une 22, 2015 — Rezone #15-01 Ronald Szalay
A request to amend the outer boundary of the Belfair Urban Growth Area
around three parcels, and have the complete three parcels each rezoned as
Belfair Urban Growth Area Mixed Use zone.
Presenter; Allan Borden, Department of Community Development
Allan Borden began by addressing the request made by Ronald Szalay. He said the
applicant has 3 pieces of property in various sizes which are zoned Rural Area Rural
Residential 5 and Belfair Urban Growth Area (UGA) Mixed Use zone. Mr. Szalay would
like to have the parcels completely within the UGA. Allan went through his staff report
and spent time explaining the attached maps. He went on to discuss allowed uses. At
this time, he handed out a copy of the Belfair UGA zoning code to the PAC. Allan said
that a change in zoning could create a greater number of proposed primary and multi-
family residences, possibly up to 7 residences could be placed on these properties. After
reading through remaining portions of his staff report, he asked for any questions. Bill
asked how other parcels with split zoning would need to be addressed. Allan responded
saying that each parcel would have to go through this request. Bill then asked Allan if
the other split parcels were due to mapping errors to which he said no. Vicki asked
about the other UGA's and asked if changing this area would be considered jumping the
gun without knowing what changes were in the works for the other UGA's. Allan
responded saying that would be up to the County Commissioners, ultimately. Steve
asked about issues with development, mainly access to the parcels. He said there looks
to be 3 private drives on the current map with no other access to the parcels behind
them. Rob pointed out that access is not an issue for the PAC to worry about.
At 6:41 pm, Bill opened up the public hearing for comment.
Constance Ibsen asked for the exact location of the proposal. Rob explained that the
parcels are near the Re-Store in Belfair, and used the attached maps as reference. Allan
showed Constance the location of the other businesses in the area. Constance asked for
the history of the parcels that have split zoning. She said that when the UGA's were
being created, there were people who asked to not be zoned within the UGA and
questioned if that was the case with this land. Constance asked if the parcels in question
would be required to hook up to the Belfair Sewer upon development. Allan said that
they would. Rob added that properties within 500 feet of the sewer are required to hook
up. She asked Allan if the property owner was aware of the need to hook up to Belfair
services, to which Allan said he believed Mr. Szalay was aware of this.
At 6:46 pm, Bill closed the public hearing.
Vicki commented that although she feels that Mason County is in need of housing, she is
worried about neighboring parcels asking for zone changes once surrounded by the UGA
Mixed Zone Use. This sparked a discussion between the PAC and Allan about future
growth and changes within the area. Rob said he feels it should be approved to move
on to the County Commissioners. Bill asked how the other PAC members felt about this
proposal. Steve made a motion to approve the proposal as written. Motion seconded by
Rob. All in favor, motion passed.
Szalay PAC Public Hearing summary
STAFF REPORT: SITE-SPECIFIC REZONE APPLICATION
REzoNE REQUEST No. 15-01 [DDR2015-000171
APPLICANTS: RONALD P. SZALAY.
STAFF CONTACT: Allan Borden, (360)427-9670 ext. 365
SUMMARY OF PROPOSAL: The applicant is requesting to amend the outer boundary of the
Belfair Urban Growth Area around three parcels, currently designated partly as Belfair Urban
Growth Area Mixed Use (MU)zone and partly Rural Area Rural Residential 5 zone,have the
complete three parcels designated Belfair Urban Growth Area, and each rezoned as Belfair
Urban Growth Area Mixed Use zone.
STAFF CONCLUSION: The rezone criteria as outlined in Mason County Development
Code Section 1.05.080 are met. This proposed change in urban growth area boundaries and the
rezone to Mixed Use zone is consistent with the Comprehensive Plan goals for appropriate
zoning designation, encouraging the provision of adequate public services, and protecting
resource lands and critical areas in the vicinity. Staff finds the request is consistent to rezone
Parcel Nos. 12332-50-00094 (0.31 ac.), 12332-50-00096 (0.47 ac.),and 12332-50-90102 (1.01
ac.) from Rural Area Rural Residential 5 zone to Belfair UGA Mixed Use zone.
PARCEL INFORMATION:
Parcel No. 12332-50-00094(0.31 ac.), 12332-50-00096(0.47 ac.), 12332-50-90102(1.01 ac.).
Total Acreage Proposed for Rezone: 1.80 ac.
CURRENT ZONING DESIGNATION: Rural Residential 5 (1 dwelling unit per 5 acres)
The Rural Residential 5 designation is intended to provide for residential development on
parcels of 5 acres or more. Lots with the RR5 designation may have the following allowed
uses: single family residential,hobby farms(small-scale commercial agriculture, including
aquaculture and wood lots), churches, local community and recreation centers, group homes, cell
towers, fire stations, fish hatcheries, and public utilities. With special permits,the following
uses are also permitted within this designation: essential public facilities, schools, commercial
day care centers, cemeteries,and home occupations and cottage industries that do not meet the
standards in Section 1.03.021 of the Mason County Development Regulations.
PROPOSED ZONING DESIGNATION: Belfair Urban Growth Area Mixed Use(MU zone)
The primary purpose of this district is to provide for a mix of uses along the SR-3 corridor, in
sites around the FR District, and at the future crossroads of Romance Hill Road and the planned
Alternative North/South access road. Permitted uses include commercial, office, and residential
uses. By allowing a broad array of uses,property owners have more choice in how the land can
be developed. Design standards allow developments to front on the street as long as they
provide pedestrian-oriented facades—otherwise, developments must provide a landscaping
buffer along the street front to enhance the character of the area. Design standards also
encourage pedestrian and vehicular connectivity between properties. Building heights up three
to five stories are permitted,with lower building heights west of SR 3. Otherwise,no specific
1:\Community Development\PLANNING\Allan Borden\comp plan amendments\2015 Rezones\Szalay rezone 15-01 Staff Report.doc 1
density limits are provided(as they will be limited by parking requirements, natural site
constraints, and market constraints).
I. WHY IS THE APPLICANT PROPOSING THIS AMENDMENT AT THIS TIME?
The applicant wants the three properties to be completely inside of the Belfair UGA and
designated Mixed Use zone,to enable the construction of multi-family residences in the
vicinity, as urban services(public roads, fire hydrants, and natural gas, for example)are
available to the properties.
II. HISTORY OF SITE
Portions of these three parcels are located within the outer boundaries of the Belfair Urban
Growth Area. The three parcels are part of the Theler Farm and Garden Tracts created in
1939. The zoning of these properties was done 2004; zoning and the UGA boundary was
mapped at the 300-foot depth from State Route 3 and caused split zoning on each of the
parcels.
III. LAND USE& EXISTING CONDITIONS
A) LOCATION
These parcels are located on the west side of State Route 3, south of the Theler
Center, and 0.25 miles north of State Route 106. (Maps 1 and 3)
B) SITE CONDITIONS
The parcels are within an area of existing development of residential and
commercial land uses, and property accesses. A type P stream crosses the south
part of parcel-90102 and outlets through properties to the west and southwest.
C) CURRENT SURROUNDING ZONING(SEE ATTACHED MAP 1)
NORTH: Rural Area/Rural Residential 5 zone.
EAST: Urban Growth Area/MU zone.
SOUTH: Urban Growth Area/MU zone.
WEST: Rural Area/Rural Residential 5 zone.
D) ACCESS/TRANSPORTATION
All three parcels have road access to a private road and/or State Route 3.
E) PUBLIC UTILITIES(SEWER/SEPTIC,WATER)
Two of the three of the parcels have sewer provisions (parcel-00094 is not
developed) and water available. These are public maintained systems.
F) ENVIRONMENTAL/SEPA
A formal SEPA determination of non-significance was made on May 29,2015.
The proposed amendment would result in moderate impacts by having the
development on site located within the proposed, more intensive UGA zone.
The fish and wildlife habitat critical areas do affect parcel-90102. Current
buffer, setback, and development regulations must be followed for proposed
I:\Community Development\PLANNING\4lllan Borden\comp plan amendments\2015 Rezones\Szalay rezone 15-01 Staff Report.doc 2
development on all three properties.
STAFF ANALYSIS
Under Section 1.05.080, Rezone Criteria, of the Mason County Development
Regulations,the County shall review a rezone proposal and enter written findings for the
following criteria. (The County's responses are shown in Italics).
1. Development allowed by the proposed rezone designation shall not damage public health,
safety and welfare.
Generally the rezoning of the three parcels would not cause significant damage to
public safety and health, with the assumption that all current development regulations
are followed and the proper permitting process (including sewer connections) is
completed. If the request is approved, additional primary or multi family residences
could be proposed on the three parcels as the UGA Mixed Use zoning will allow
(possibly seven residences). Provision of the sewer for the Belfair UGA west of State
Route 3 will be part of that project review.
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.
The request to be within the UGA boundary requires the corresponding
Comprehensive Plan and zoning map changes, showing the new Belfair UGA
boundary, to complete the request. The proposed Mixed Use zone would extend to the
full dimensions of the three subject parcels and would result in less confusion
regarding land management on the properties.
The Belfair UGA boundary was based on the population allocation for the community
and the range of land uses within it. Population allocations for Belfair and the county
were evaluated for the new planning time horizon of 2005 to 2025; a population of
around 5,900 people was anticipated for the Belfair UGA.
The subject parcels to be rezoned are located along the private road serving as the
access to the area of single family residences. Due to the proximity of stream critical
areas, development to urban growth area Mixed Use properties may require
approvals of variance to standards and special studies as part of proposal review.
For the reasons above, the rezone proposal to Urban Growth Area Mixed Use zone is
an appropriate zone for these parcels and does match the characteristics of the area
to be rezoned better than any other zone designation in the Belfair Urban Growth
Area.
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.
I:\Community DevelopmentTLANNIMAllan Borden\comp plan amendments\2015 Rezones\Szalay rezone 15-01 StaffReport.doc 3
1
The requested Mixed Use zone within the Belfair UGA provides for the expansion of
this zone to the entire area of each subject parcel, where the surrounding parcels are
small sized and contain some structures. The change in zoning into the UGA
designation would enable future development within the bounds of the subject
property following the UGA zone standards. Resource-based land uses (fish &
wildlife habitat and shellfish areas) occur farther to the west and are not affected by
the rezone decision or future development.
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.
The rezone of Rural Residential S to Mixed Use zone is more intensive land use, but
would not cause significant demand for urban-level services. Due to the property
location, the demand for urban level of services (water and sewer, law enforcement)
would increase and make the provision of planned services within urban growth area
to the north, east, and south more cost-efficient.
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.
The requested rezone from Rural Area to urban growth area is a more intensive land
use, and as noted in Criterion 4, the demand for urban level of services (water and
sewer, law enforcement) would increase within the urban growth area and make the
provision of currently planned services within urban growth area to the north, east,
and south more cost-efficient. Only 0.70 acre of property in the subject parcels is
involved in this rezone request to expand the area of urban growth area to the full
extent of the parcels. Public services and facilities can continue to be efficiently
provided to adjacent lands still within the UGA .
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.
The requested rezone to the urban growth area Mixed Use zone from Rural Area zone
is a more intensive land use. The proposed boundary change will be the logical
perimeter of the parcels involved. This is an efficient use of space to provide for
improvements where costs of extension of services is much less than dispersed
residential and commercial development. Open space and conservation offish and
wildlife habitat occurs on properties to the west and south.
I Tommunity Development\PLANNING\Allan Borden\comp plan ameadments\2015 Rezones\Szalay rezone 15-01 Staff Report.doc 4
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.
For the proposed urban growth area boundary change and rezone, a relative increase
in development density is possible and the approval of the request would not
encourage additional applications for review in Belfair UGA area. If the requested
change in the UGA boundary is approved,future requests for properties near the
boundaries of other UGAs will be closely evaluated, and the burden is on the
applicant to show that the location of request does not affect the planned population
and land use allocations to the UGA or to the adjacent Rural Area.
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.
Not Applicable, and the present rezone request does not claim any errors were made.
I. FINDINGS
Based upon the application materials and the evaluation of the rezone criteria, staff findings for
this request are:
Criterion 1 (no damage to public health, safety and welfare) is met; based upon staff evaluation.
Criterion 2 (consistent Comprehensive Plan designation)is met; based upon staff evaluation that
the Belfair UGA boundary may be changed to the boundaries of the subject three parcels and
that the Urban Growth Area Mixed Use zone is the most appropriate designation.
Criterion 3 (no increase of sprawling low-density rural development or uses incompatible to
resource-based land uses) is met; based upon staff evaluation.
Criterion 4 (no increase of demand for urban services in rural areas)is met; based upon staff
evaluation.
Criterion 5 (does not interfere with GMA goal to encourage development in urban areas)is met;
based upon staff evaluation for efficient provision of urban services.
Criterion 6 (does not interfere with GMA goal to encourage open space retention, conserve fish
and wildlife habitat, and protect air and water quality) is met; based upon staff evaluation.
Criterion 7 (no pressure to change land use designations of other lands or to cause greater than
projected population increases in rural areas) is met;based upon staff evaluation that no
precedent is created in regard to other UGA boundaries.
Criterion 8 (corrective rezone of lands)is not applicable to this request.
II.OPTIONS FOR ACTION
The Planning Advisory Commission has the following decision options to consider:
1. Recommend Approval of the proposal as the applicant has requested.
2. Recommend Denial of the proposal.
I:\Community Development\PLANNING\Allan Borden\comp plan amendments\2015 Rezones\Szalay rezone 15-01 Staff Report.doc 5
MASON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT ��C��� T
411 No. Fifth Street 11 P.O. Box 279, Shelton WA. 98584
APPLICATION FOR AMENDMENT TO y'° 2,
COMPREHENSIVE PLAN FUTURE LAND USE MAP.
[One application per parcel or contiguous group of parcels. This application does not guarantee
approval. You should discuss your proposal with the County Long Range Planner prior to
application. Burden is on applicant to show compliance with the Comprehensive Plan or Growth
Management Act policies and other planning ordinances.]
Applicant c��cJA 1� �2-A LAY
Mailing Address: 'LOa�O 5. �. I
City: (f4 Y7-)A,5 State: IvA zip: '96 0-
Telephone No.: 3 6,0 S77 4
Parcel Number(s): 7r�� - �o - yo�i� i23�2--�"06%
Parcel Size and Legal Description:
nested ? G
information is re (�
What kind of change in map q �NI b��,`� /.lr.�'� �� T � 66
C ' 1404F Ifs t12aA1
1=�7irk; t��o /��A ��2 �t3a1lE✓ PA��t:�
Rationale for the Request: (include information on the property features, land use, and maps
that will be used in considering your application) (see the attached information sheet)
11115 0kJANJ6 s tA.Jc>ut.o
FEE: $1,910.00 Signatur n ate
L•1COMIvFJNITY DEVEL.OPMENT\PACFORMS\2009 REZONE-COMP AN vfEND.doc (ahb)
NOTICE OF APPLICATION
for Amendment to the Mason County Comprehensive Plan
and Request for Rezone (Case No. 15-01)
Notice is hereby given that the applicant, Ronald Szalay, has filed an
application for a request to redesignate three parcels, 2.10 acres in
total size and noted below, in the Rural Area from Rural Residential 5
zone to the Belfair Urban Growth Area; and then zone these complete
parcels as Mixed Use zone. The applicant currently does not have
certain plans for future development of the property.
Site address and Project Location: At 22635 NE State Route 3 within the
Belfair Urban Growth Area, Belfair, WA.
Parcel No: 12332-50-00094, 12332-50-00096, and 12332-50-90102
A complete legal description available at the County office listed below.
Date of Application: March 2015.
The proposed amendment to the Mason County Comprehensive Plan and
Request for Rezone is subject to the public review process under the Mason
County Development Code, Section 15.09.060. This application is evaluated
under the standards of the Mason County Development Regulations Section
1.05.080, Rezone Criteria.
A PUBLIC HEARING will be held by the Mason County Planning
Advisory Commission on the request on Monday June 22, 2015 at 6:00
p.m. in the County Commissioners Chambers, Bldg. 1, 411 N. 5t" Street,
Shelton, WA.
A public hearing by the Board of County Commissioners will be held in
November 2015, when a final decision will be made. If special
accommodations are needed, please contact the Planning Department
at (360) 427-9670 ext. 365.
Comments or questions on this request or the public review process may be sent
to Allan Borden, Department of Community Development, 426 West Cedar St.,
Shelton WA 98584, or (360) 427-9670 ext. 365.
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NOTICE OF HEARING
NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will
hold a public hearing at the Mason County Courthouse Building I, Commission
Chambers, 411 North Fifth Street, Shelton, WA 98584 on Tuesday, November 17,
2015 at 9:30 a.m.
SAID HEARING will be to review Rezone Request No. 15-01 by Ronald Szalay to
amend the outer boundary of the Belfair Urban Growth Area and then rezone the entire
three parcels (total of 1.80 ac.) along State Route 3 near Theler Center properties to
Belfair Urban Growth Area Mixed Use zone. This action involves parcel numbers 12332-
50-00094, 12332-50-00096, and 12332-50-90102.
If you have questions on the contents of the proposed change in zoning, contact
Allan Borden (360) 427-9670, Ext. 365. If special accommodations are
needed, contact the Commissioners' office, 427-9670, Ext. 419.
DATED this 20th day of October 2015.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
Julie Almanzor, Clerk of the Boar
cc: Journal - Pub] 2t: 10/29/15 & 11/05/15
Planning
(Bill: Planning — 426 West Cedar St., Shelton, WA 98584)
I:\Zoren\BCC Agenda Item 10-20 2015 Summary for rezone request.doc
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Allan Borden Action Agenda _X_
Public Hearing
Other
DEPARTMENT: Community Development EXT:
COMMISSION MEETING DATE: 10-20-15 Agenda Item #
Commissioner staff to complete)
BRIEFING DATE: Oct. 12, 2015
BRIEFING PRESENTED BY: Allan Borden
ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM: CONSENT AGENDA: Set public hearing date of November 17, 2015 at 9:30
am for request by Ronald Szalay to amend the outer boundary of the Belfair Urban
Growth Area and rezone three parcels (total of 1.80 ac.) (parcel numbers 12332-50-
00094, 12332-50-00096, and 12332-50-90102) along State Route 3 near Theler
Center properties; the request involves the rezone of these parcels partly in the Rural
Residential 5 and Belfair Urban Growth Area Mixed Use zone to entirely in the Belfair
Urban Growth Area Mixed Use zone.
Background: This request is the first of the 2015 rezone requests to be considered in
public hearing. To make this requested zone change, a public hearing by the Mason
County Board of Commissioners must take place and a decision rendered. Public
hearing by Planning Advisory Commission was held on June 22, 2015; their
recommendation to support staff findings and for the approval of this request was
adopted by a vote 4 yes.
RECOMMENDED ACTION:
Approval to set hearing date: Tuesday November 17, 2015 at 9:30 am
Attachment(s): notice of public hearing for paper (dates of October 29, 2015 and
November 5, 2015).
I:\Zoren\BCC Agenda Item 10-20 2015 Summary for rezone request.doc
Leon Smith Ronald Szalay
22639 NE St Hwy 3 2006 SE 111" Ave
Belfair, WA 98528 Camas, WA 98607
Dennis Crowell Mary Palmer
22621 NE St Hwy 3 PO Box 2954
Belfair, WA 98528 Belfair, WA 98528
James Morris Henry Crosswhite
22581 NE St Hwy 3 22600 NE SR 3
Belfair, WA 98528 Belfair, WA 98528
Robert Harris Milking Bull Bakery
140 NE Rainier PI. N PO Box 1808
A 98528 W Belfair, Belfair, WA 98528
Evelyn Mosier Fletcher Living Trust
20 NE Roessel Rd #3 16961 NE SR 106
Belfair, WA 98528 Belfair, WA 98528
Robert Kersey WA Dept of Fish and Wildlife
22631 NE St Hwy 3 600 Capitol Way North
Belfair, WA 98528 Olympia, WA 98501
Jack Johnson
PO Box 1119
Belfair, WA 98528
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will
hold a public hearing at the Mason County Courthouse Building I, Commission
Chambers, 411 North Fifth Street, Shelton, WA 98584 on Tuesday, November 17,
2015 at 9:30 a.m.
SAID HEARING will be to review Rezone Request No. 15-01 by Ronald Szalay to
amend the outer boundary of the Belfair Urban Growth Area and then rezone the entire
three parcels (total of 1.80 ac.) along State Route 3 near Theler Center properties to
Belfair Urban Growth Area Mixed Use zone. This action involves parcel numbers 12332-
50-00094, 12332-50-00096, and 12332-50-90102.
If you have questions on the contents of the proposed change in zoning, contact
Allan Borden (360) 427-9670, Ext. 365. If special accommodations are
needed, contact the Commissioners' office, 427-9670, Ext. 419.
DATED this 20th day of October 2015.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
Julie Almanzor, Clerk of the BoardO
cc: Journal - Publ 2t: 10/29/15 & 11/05/15
Planning
(Bill: Planning — 426 West Cedar St., Shelton, WA 98584)
I:\Zoren\BCC Agenda Item 10-20 2015 Summary for rezone request.doc
Page 1 of 2
Allan Borden - Re: Public comments for item 9.1 of BOCC 12-22 meeting
From: Ken VanBuskirk <kenvanb@gmail.com>
To: "Terri Jeffreys" <terrij@co.mason.wa.us>
Date: 12/23/2015 7:15 AM
Subject: Re: Public comments for item 9.1 of BOCC 12-22 meeting
CC: "Allan Borden" <Ahb@co.mason.wa.us>
Terri, I saw that you received my comments for item 9.2 at the hearing but that was after the
9.1 hearing.
. Maybe Allan would know if he gave them to you? I have concerns about SR -3 LOS and
impacts to the environment. I and others worked long and hard on the Belfair sub area plan,
which needs to be modified. I simply asked that the decision be delayed until the advisory
committee could make some recommendations.
have a good holiday.
ken
--Original Message—
From: Terri Jeffreys
To: kenvanbCc)-g mail.com
Sent: Tuesday, December 22, 2015 5:48 PM
Subject: RE: Public comments for item 9.1 of BOCC 12-22 meeting
Ken,
We received your comments at the hearing and was given time to review before
accepting any more testimony.
The Belfair UGA is one of the few places we can place multi-family housing in the
north County area. Our CAO'S were designed to give adequate protection of our critical
areas. Finally, it is highly inappropriate, in my opinion, to split parcels into separate
zones and land use categories as we have done.
We must allow our UGA'S to accept the growth we truly need in Mason County. If
GMA is to work, we must let it do what it is supposed to do. Making building
exceedingly difficult and splitting parcels is a travesty to communities and property
owners.
Thank you for your input. It was thoughtfully considered.
Terri Jeffreys
Mason County Commissioner, District 3
(0) (360) 427-9670 ext. 419
(C) (360) 463-2590
www.co.mason.wa.us
file:///C:/Users/ahb/AppData/Local/Temp/XPgrpwise/567A4A 16Masonma... 12/23/2015
Page 2 of 2
-------- Original message --------
From: Ken VanBuskirk <kenvanb@gmail.com>
Date: 12/22/2015 3:24 PM (GMT-08:00)
To: Randy Neatherlin <RandyN@co.mason.wa.us>, Terri Jeffreys
<TerriJ@co.mason.wa.us>, Tim Sheldon <TimS@co.mason.wa.us>
Cc: Allan Borden <Ahb@co.mason.wa.us>, Barbara Adkins
<BarbarA@co.mason.wa.us>
Subject: Fw: Public comments for item 9.1 of BOCC 12-22 meeting
>>> "Ken VanBuskirk" 12/22/2015 15:24 >>>
1»G
Commissioners, I understand you approved this rezone today that could potentially allow
multi family housing in an already congested area. I sent the attached comments to Mr.
Borden prior to the meeting and he failed to mention my comments to you.
I have some concerns with the idea of multifamily housing in this location in close proximity to
critical areas. The Belfair sub area plan called for development around nodes. One of those
nodes was centered around the original siting of the salmon center adjacent to the Theler
community center. The salmon center location has now changed, that along with my concern
about transportation concurrency and the current inadequate LOS along that portion of SR-
3 was not brought to your attention!. I feel these are things the UGA committee should
consider and that is why I asked for a delay in your decision..
I am disappointed, is there a way I can ask for your reconsideration or ask that my
overlooked comments be forwarded to the Growth Management Hearings Board?
Sincerely,
Ken VanBuskirk
360-275-3890
---- Original Message-----
From: Ken VanBuskirk
To: Allan Borden
Sent: Sunday, December 20, 2015 7:26 PM
Subject: Public comments for item 9.1 of BOCC 12-22 meeting
Please find attached my comments for the 15-01 Rezone.
thank you
Ken VanBuskirk
file:///C:/Users/ahb/AppData/Local/Temp/XPgrpwise/567A4A 16Masonma... 12/23/2015
Page 1 of 1
Allan Borden - Fw: Public comments for item 9.1 of BOCC 12-22 meeting
From: "Ken VanBuskirk" <kenvanb@gmail.com>
To: "Commissioner Neatherlin" <RandyN@co.mason.wa.us>,
"Commissioner Jeffrey...
Date: 12/22/2015 3:24 PM
Subject: Fw: Public comments for item 9.1 of BOCC 12-22 meeting
CC: "Allan Borden" <Ahb@co.mason.wa.us>, 'Barbara Adkins"
<BarbarA@co.mason....
Attachments: Scan0079.pdf
Commissioners, I understand you approved this rezone today that could potentially allow multi
family housing in an already congested area. I sent the attached comments to Mr. Borden prior
to the meeting and he failed to mention my comments to you.
I have some concerns with the idea of multifamily housing in this location in close proximity to
critical areas. The Belfair sub area plan called for development around nodes. One of those
nodes was centered around the original siting of the salmon center adjacent to the Theler
community center. The salmon center location has now changed, that along with my concern
about transportation concurrency and the current inadequate LOS along that portion of SR-
3 was not brought to your attention!. I feel these are things the UGA committee should
consider and that is why I asked for a delay in your decision..
I am disappointed, is there a way I can ask for your reconsideration or ask that my overlooked
comments be forwarded to the Growth Management Hearings Board?
Sincerely,
Ken VanBuskirk
360-275-3890
-----Original Message -----
From: Ken VanBuskirk
To: Allan Borden
Sent: Sunday, December 20, 2015 7:26 PM
Subject: Public comments for item 9.1 of BOCC 12-22 meeting
Please find attached my comments for the 15-01 Rezone.
thank you
Ken VanBuskirk
file:///C:/Users/ahb/AppData/Local/Temp/XPgrpwise/56796B45Masonmai... 12/22/2015
Page 1 of 1
Allan Borden - 1-12-2016 BOCC meeting
From: "Ken VanBuskirk" <kenvanb@gmail.com>
To: "Commissioner Sheldon" <tims@co.mason.wa.us>, "Commissioner
Neatherlin" ...
Date: 1/11/2016 4:25 PM
Subject: 1-12-2016 BOCC meeting
CC: 'Barbara Adkins" <BarbarA@co.mason.wa.us>, "Allan Borden"
<Ahb@co.mason....
Commissioners before you approve item 7 of tomorrows agenda,( meeting minutes of
December 22,2015) please note and correct those minutes to read that you were not
provided my comments to Mr. Borden for item 9.1, rezone #15-01 to amend outer boundary
of Belfair UGA and rezone three parcels.
Thank you,
Ken VanBuskirk
file:///C:/Users/ahb/AppData/Local/Temp/XPgrpwise/5693D78BMasonmail... 1/11/2016
Page 1 of 2
Allan Borden - Re: Public comments for item 9.1 of BOCC 12-22 meeting
From: "Ken VanBuskirk" <kenvanb@gmail.com>
To: "Terri Jeffreys" <terrij@co.mason.wa.us>
Date: 12/23/2015 7:15 AM
Subject: Re: Public comments for item 9.1 of BOCC 12-22 meeting
CC: "Allan Borden" <Ahb@co.mason.wa.us>
Terri, I saw that you received my comments for item 9.2 at the hearing but that was after the
9.1 hearing.
. Maybe Allan would know if he gave them to you? I have concerns about SR -3 LOS and
impacts to the environment. I and others worked long and hard on the Belfair sub area plan,
which needs to be modified. I simply asked that the decision be delayed until the advisory
committee could make some recommendations.
have a good holiday.
ken
---Original Message----
From: Terri Jeffreys
To: kenvanbCar gmail.com
Sent: Tuesday, December 22, 2015 5:48 PM
Subject: RE: Public comments for item 9.1 of BOCC 12-22 meeting
Ken,
We received your comments at the hearing and was given time to review before
accepting any more testimony.
The Belfair UGA is one of the few places we can place multi-family housing in the
north County area. Our CAO'S were designed to give adequate protection of our critical
areas. Finally, it is highly inappropriate, in my opinion, to split parcels into separate
zones and land use categories as we have done.
We must allow our UGA'S to accept the growth we truly need in Mason County. If
GMA is to work, we must let it do what it is supposed to do. Making building
exceedingly difficult and splitting parcels is a travesty to communities and property
owners.
Thank you for your input. It was thoughtfully considered.
Terri Jeffreys
Mason County Commissioner, District 3
(0) (360) 427-9670 ext. 419
(C) (360) 463-2590
www.co.mason.wa.us
file:///C:/Users/ahb/AppData/Local/Temp/XPgrpwise/567A4A 16Masonma... 12/23/2015
Page 2 of 2
-------- Original message --------
From: Ken VanBuskirk <kenvanb@gmail.com>
Date: 12/22/2015 3:24 PM (GMT-08:00)
To: Randy Neatherlin <RandyN@co.mason.wa.us>, Terri Jeffreys
<TerriJ@co.mason.wa.us>, Tim Sheldon <TimS@co.mason.wa.us>
Cc: Allan Borden <Ahb@co.mason.wa.us>, Barbara Adkins
<BarbarA@co.mason.wa.us>
Subject: Fw: Public comments for item 9.1 of BOCC 12-22 meeting
>>> "Ken VanBuskirk" 12/22/2015 15:24 >>>
1»G
Commissioners, I understand you approved this rezone today that could potentially allow
multi family housing in an already congested area. I sent the attached comments to Mr.
Borden prior to the meeting and he failed to mention my comments to you.
I have some concerns with the idea of multifamily housing in this location in close proximity to
critical areas. The Belfair sub area plan called for development around nodes. One of those
nodes was centered around the original siting of the salmon center adjacent to the Theler
community center. The salmon center location has now changed, that along with my concern
about transportation concurrency and the current inadequate LOS along that portion of SR-
3 was not brought to your attention!. I feel these are things the UGA committee should
consider and that is why I asked for a delay in your decision..
I am disappointed, is there a way I can ask for your reconsideration or ask that my
overlooked comments be forwarded to the Growth Management Hearings Board?
Sincerely,
Ken VanBuskirk
360-275-3890
--- Original Message From: Ken VanBuskirk
To: Allan Borden
Sent: Sunday, December 20, 2015 7:26 PM
Subject: Public comments for item 9.1 of BOCC 12-22 meeting
Please find attached my comments for the 15-01 Rezone.
thank you
Ken VanBuskirk
file:///C:/Users/ahb/AppData/Local/Temp/XPgrpwise/5 67A4A 16Masonma... 12/23/2015
December 20,2015
Allan Borden
Mason County DCD
426 W. Cedar St.
Shelton WA 98594
Re: Rezone 15-01 Continued Public Hearing to amend Belfair UGA boundary and rezone three parcels
Mr. Borden,
In my opinion the current and planned LOS for that portion of SR-3 adjacent to these parcels, as
addressed in the Comprehensive Plan and the Belfair sub-area plan, do not meet the concurrency of
transportation services requirement of GMA for either pedestrian or vehicle traffic.
I also have concerns that the current policies in the two plans do not meet GMA requirements for the
designation and protection of critical areas nearby.
Please delay a decision on this Belfair UGA boundary amendment and rezone until the Comprehensive
plan is updated and the recently appointed Allyn/Belfair UGA advisory committee researches and brings
forth some recommendations to you regarding the UGA's.
Sincerely,
Ken VanBuskirk
NE 61 Davis Farm Road
Belfair
PUBLIC NOTICECOVER SHEET
TO: The Mason County Journal (FAX #: 426-9399)
FROM: Mason County Planning Department FAX #: 427-8425
DATE: May 29, 2015
Please publish the attached:
Notice of Application for Request for Rezone (Szalay).
On the following day(s):
June 4 and June 11, 2015.
Please keep the Affidavit of Publication for the Mason County Planning
Department to pick up from your office, and send 1 copy to the following:
Ronald Szalay
2006 SE 11 th Ave.
Camas WA 98607
Please send a bill for the publication cost of this public notice to:
Ronald Szalay
2006 SE 1 lth Ave.
Camas WA 98607
Sincerely,
Allan Borden, Senior Planner
Mason County Department of Community Development
Phone: 427-9670, ext. # 365
MASON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
411 No. Fifth Street/1 P.O. Box 279, Shelton WA. 98584
APPLICATION FOR AMENDMENT TO W 06 2UW
COMPREHENSIVE PLAN FUTURE LAND USE MAP.
[One application per parcel or contiguous group of parcels. This application does not guarantee
approval. You should discuss your proposal with the County Long Range Planner prior to
application. Burden is on applicant to show compliance with the Comprehensive Plan or Growth
Management Act policies and other planning ordinances.]
Applicant "R 64) I o P �- -A LAY
Mailing Address:
City: CA V)745 State: IVA zip: 106 0-7
Telephone No.: S77 4
Parcel Number(s): �2��2� S� " yovq� f'Z332-Ss - Boa 9� I233Z- -�jU /a Z
Parcel Size and Legal Description:�6TA L /�1.L 7�{ L 2, � 6-
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DISCLAIMER AND LIMITATION OF LIABILITY:
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From: Mason County Journal Legals <jlegals@masoncounty.com>
To: "Allan Borden" <ahb@co.mason.wa.us>
Date: 5/29/2015 11:15 AM
Subject: Re: Notice of Szalay Rezone request for Thurs. June 4 and 11, 2015 papers
The cost is $216 and the legal number is 7996.
On May 29, 2015, at 10:33 AM, Allan Borden wrote:
> Please find a Notice of Rezone Request for the Belfair UGA by Ronald
> Szalay submitted to Mason County Dept. of Community Development AND
> the accompanying cover page for publication on Thursdays June 4 and
> 11, 2015. Contact me with any questions that you may have. Thank
> you for your service.
> Allan Borden
> Planner - Long Range & Site Inspection
> 426 W. Cedar St., Shelton, WA 98584
> (360) 427-9670 ext. 365
> <A Journal notice cover page two.doc><Szalay No. 15-01
> DDR2015-00017 NOTICE OF APPLICATION.doc>
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Page 1 of 3
Barbara Adkins - Fwd: RE: Question re: RCW related to Review of all UGAs
......
From: Barbara Adkins
To: Terri Jeffreys
Date: 6/1/2015 2:17 PM
Subject: Fwd: RE: Question re: RCW related to Review of all UGAs
Here's one I found
Barbara A.Adkins,AICP, Director
Department of Community Development
426 West Cedar Street
Shelton,WA 98584
360/427-9670 ext.286
Email: BarbarA@co.mason.wa.us
>>> Steve Butler <sbutler@mrsc.org> 4/28/2015 5:19 PM >>>
Dear Barbara,
Following up on our phone conversation from this morning,I did more research but could not find
RCW language explicitly requiring that a review of all UGAs be made before the boundaries of any of
them can be changed.
State statutes don't provide specific guidance regarding reducing the size of the UGA. In the context of
related requirements in chapter 36.70A RCW,we have opined that the county would follow
comprehensive plan amendment procedures, as set forth in RCW 36.70A.130, as well as procedures
related to changing the UGA, and the county would also follow its own regulations regarding such
matters.
It appears that GMA requirements for amending UGAs are based on the requirements for initially
establishing a UGA, as outlined in RCW 36.70A.110 and RCW 36.70A.130. RCW 36.70A.130 requires
county and city review of the UGA based on a schedule and establishes guidelines for this review. For
general guidance on UGA and comprehensive plan amendments, see also WAC 365-196-310 (urban
growth areas) and WAC 365-196-640 (comprehensive plan amendment procedures).
Additional guidance on this topic may be provided via analysis in Growth Management Hearings Board
(GMHB) decisions regarding the sizing of UGAs. Of particular interest may be the decision in Miotke v.
Spokane County, EWGMHB No. 07-1-0005 (Final Decision and Order, September 17,2007). There,the
GMHB indicates that the process for reducing a UGA should be similar to that for setting the UGA
boundaries.In that situation,the GHMB concluded that the county improperly reduced the UGAs at
issue. The GHMB explains and concludes(at pp. 9-10):
There is no specific provision in the GMA which requires the County to follow a set procedure in
the reduction of a UGA which existed for sufficient time to allow urban growth to locate within
the area. This is an issue offirst impression. The process for the designation of a UGA is very
clear. The County must first conduct a proper Land Quantity and Population Analysis, engage in
joint planning, update its Capital Facilities Plan and in some cases, consult with airports and
aviation officials. SEPA procedures must also be followed as required by law. Upon proper
completion of such actions the County will determine if an expansion of its UGAs is needed. If
Page 2 of 3
the expected population may be contained within the existing UGAs, the expansion should not
take place.
The Board finds the reduction of the size of an existing UGA requires similar actions, which are
not reflected in the record before us in this matter. The County did not consult with the City of
Spokane or other jurisdictions abutting Spokane County, other than the public notice issued for
the hearings prior to the subject action. The County adopted the SEPA review and finding of
Non-significance issued two years before in the expansion of the UGAs. There was no contact
with the aviation community described in RCW 36.70A.547; the Capital facilities plan was not
reviewed; and the existence of services for urban development in the area was not reviewed.
While this language is from the EWGMHB, and not the WWGMHB, it does provides that one Hearing
Board's thoughts about the "reduction of an UGA" question.
Please let me know if you have any further questions.
Steve Butler, FAICP
Planning& Policy Manager
206.625.1300 f MRSC.org I Local Government Success
Thank you for contacting MRSC. Help us improve our services by taking our five-question survey here.
From: Steve Butler
Sent: Monday, April 27, 2015 4:27 PM
To: 'Barbara@co.mason.wa.us'
Subject: Question re: RCW related to Review of all UGAs
Dear Barbara,
I am responding to your request for the RCW that requires a review of all UGAs before the boundaries
may be changed. I believe that the relevant citation you are looking for is RCW 36.70A.130
(Comprehensive plans—Review procedures and schedules—Amendments.), subsection(3)(a),which
states that:
Each county that designates urban growth areas under RCW 36.70A.110 shall review, according
to the schedules established in subsection (5) of this section, its designated urban growth area or
areas, and the densities permitted within both the incorporated and unincorporated portions of
each urban growth area. In conjunction with this review by the county, each city located within
an urban growth area shall review the densities permitted within its boundaries, and the extent
to which the urban growth occurring within the county has located within each city and the
unincorporated portions of the urban growth areas.
RCW 36.70A.210 and 36.70A.215 deal with"Countywide planning policies" and the associated
"Review and evaluation program,"respectively.
Please let me know if you have any further questions.
Steve Butler, FAICP
Page 3 of 3
Planning & Policy Manager
206.625.1300 1 MRSC.org I Local Government Success
Thank you for contacting MRSC. Help us improve our services by taking our five-question survey here.
Page 1 of 2
Barbara Adkins - Fwd: RE: Question re: RCW related to Review of all UGAs
From: Barbara Adkins
To: Terri Jeffreys
Date: 6/1/2015 2:18 PM
Subject: Fwd: RE: Question re: RCW related to Review of all UGAs
Barbara A.Adkins,AICP, Director
Department of Community Development
426 West Cedar Street
Shelton,WA 98584
360/427-9670 ext.286
Email: BarbarA@co.mason.wa.us
>>> "Gates, Tim (ECY)" <tgat461@ ECY.WA.GOV> 4/28/2015 1:03 PM >>>
You will find more specificity in the Commerce Rules. I used to be able to cite chapter and verse but it's slipping
from memory fast!
I recommend calling Dave Andersen at 509-434-4491. He's the UGA guy at Commerce.
The rules on UGAs are extensive. The main UGA section is http://app.leg.wa.gov/WAC/defauIt.aspx?cite=365-
196-310
The rationale for proposed expansions is the countywide Land Capacity Analysis:
http://app.leg.wa.gov/WAC/defauIt.aspx?cite=365-196-325
Commerce updated the guidebook for reviewing UGAs: http://www.commerce.wa.gov/Documents/GMS-UGA-
Guidebook-Final-2012.pdf
From: Barbara Adkins [mailto:Barba rA@co.mason.wa.us]
Sent: Tuesday, April 28, 2015 12:33 PM
To: Gates, Tim (ECY)
Subject: Fwd: Question re: RCW related to Review of all UGAs
Tim -I know you and I have had this conversation before, and I apologize for not retaining the information in my
head. But...I thought you had given me specific citations that address how UGA boundaries can be changed;
that in order to expand or reduce a UGA boundary that all UGA's had to be evaluated. But I cannot find that
citation. Steve Butler from MRSC gave me the info below, but that doesn't seem like the right one. Do you
remember??
Barbara A.Adkins,AICP, Director
Department of Community Development
426 West Cedar Street
Shelton,WA 98584
Page 2 of 2
360/427-9670 ext.286
Email: BarbarA@co.mason.wa.us
>>> Steve Butler <sbutler@mrsc.org> 4/27/2015 4:27 PM >>>
Dear Barbara,
I am responding to your request for the RCW that requires a review of all UGAs before the boundaries
may be changed. I believe that the relevant citation you are looking for is RCW 36.70A.130
(Comprehensive plans—Review procedures and schedules—Amendments.), subsection(3)(a),which
states that:
Each county that designates urban growth areas under RCW 36.70A.110 shall review, according
to the schedules established in subsection (5) of this section, its designated urban growth area or
areas, and the densities permitted within both the incorporated and unincorporated portions of
each urban growth area. In conjunction with this review by the county, each city located within
an urban growth area shall review the densities permitted within its boundaries, and the extent
to which the urban growth occurring within the county has located within each city and the
unincorporated portions of the urban growth areas.
RCW 36.70A.210 and 36.70A.215 deal with"Countywide planning policies" and the associated
"Review and evaluation program,"respectively.
Please let me know if you have any further questions.
Steve Butler, FAICP
Planning& Policy Manager
206.625.1300 ( MRSC.org f Local Government Success
Thank you for contacting MRSC. Help us improve our services by taking our five-question survey here.