Ordinance - Amendments to the Mason County Development Regulations

Ordinance - Amendments to the Mason County Development Regulations
ORDINANCE NUMBER 47 - 02
AMENDMENTS TO THE MASON COUNTY DEVELOPMENT REGULATIONS
AN ORDINANCE amending the Mason County Development Regulations, Ord. No. 82-96, revising
portions of Chapter 1.05.080, Rezone Criteria, under the authority of Chapters 36.70 and 36.70A RCW.
WHEREAS, the Board of County Commissioners held a public hearing on February 26, 2002, to consider
the recommendations of the Planning Commission, and the Mason County Department of Community
Development and citizens' testimony on the proposed amendments;
WHEREAS, the Mason County Planning Commission formulated its recommendations after a public
hearing on May 6, 2002;
WHEREAS, the Board of County Commissioners held a public hearing about the proposed revisions on
May 14, 2002;
WHEREAS, the Mason County Board of County Commissioners has approved findings of fact to support
its decision as ATTACHMENT A;
NOW, THEREFORE, BE IT HEREBY ORDAINED, that the Board of County Commissioners of Mason
County hereby approves and ADOPTS the amendments to the Mason County Development Regulations, as
amended, as described by ATTACHMENT B.
DATED this --=-l-'-4t=h-=---_ _ _day of May, 2002.
Board of County Commissioners
Mason County, Washington
Absent 5/14/02
Wesley E. Johnson, Chair
Clerk of the Board
APPROVED AS TO FORM:
Bob Holter, Commissioner
Deputy Prosecuting Attorney
ATTACHMENT A
AN ORDINANCE AMENDING
THE MASON COUNTY DEVELOPMENT REGULATIONS (Ord. No. 82-96)
REGARDING REZONE CRITERIA
MASON COUNTY BOARD OF COMMISSIONERS
May 14,2002
FINDINGS OF FACT
1.
Under consideration is the proposed ordinance to clarify the review standards for
reviewing proposed rezones of property in Mason County.
2.
The Mason County Development Regulations (Ord. No. 82-96) contains Chapter
1. 05.080 Rezone Criteria that addresses the review of proposed changes in land use
designations set forth in the Mason County Comprehensive Plan and Development Regulations
maps. These rezone criteria are the basis of the public hearing review process prior to the
decision of the Board of County Commissioners.
3.
Since their March 5, 2002 adoption, these Chapter 1.05.080 criteria have been the
subject of discussion between the Mason County deputy prosecuting attorney and the Mason
County Department of Community Development staff. From these discussions, a set of text
clarifications has been proposed to clearly show limits to the number of rezones approved each
year by the Board of County Commissioners.
4.
At the May 6, 2002 Mason County Planning Commission meeting, the Department of
Community Development proposed the changed ordinance text (Chapter 1. 05. 080) to strike out
an introductory phrase and revise a criteria stating the number of rezone proposals approved
annually. Following discussion, Planning Commission members approved a motion to support
the strikeout of the introductory phrase and to leave unchanged the criteria I text (stating the
number of rezones approved annually) from the March 5, 2002 Development Regulations.
5.
At the May 14, 2002 public hearing, the Mason County Board of Commissioners heard
the Department of Community Development staff report on the reasons for the proposed
revisions, the discussion of the Planning Commission recommendations, the suggested text
revisions to Criteria E ("designation") and Criteria I ("calendar"), and the public testimony.
From the preceding findings, the Mason County Board of Commissioners adopts the proposed
strikeout of introductory text and the two suggested one word revisions [Criteria E ("designation")
and Criteria I ("calendar")] in the Mason County Development Regulations 1.05.080 Rezone
Criteria, as presented by the Mason County Department of Community Development.
Chair, Mason County Board of Commissioners
Staff Report to Mason County Board of Commissioners
May 14, 2002
Date
5
ATTACHMENT B
1.05.079
Amendments
This Ordinance may be amended whenever required by public necessity,
convenience or welfare. Amendments may be initiated by the Board, the
Planning Commission, the Administrator, or by any owner of property within
Mason County. Amendments may be made either to the text, or to the
Development Areas Map. The procedure for an amendment shall be as
follows:
A.
Petitions for amendment shall be received by the Administrator, who
shall forward such petition to the Planning Commission and the Board
for review.
B.
The Planning Commission shall, in public session, review and consider
the proposed amendment. Upon due deliberation, the Commission
shall forward its recommendation to the Board. The Commission shall
not make an affirmative recommendation unless it finds that the
proposed amendment is in conformity to the Comprehensive Plan.
C.
Upon receipt of the recommendation of the Commission, the Board
shall set a date for a public hearing on the amendment. Notice
requirements for the public hearing shall be as set forth in Section
1.05.052.
D.
The Board shall conduct its hearing in accordance with the provisions
set forth in Section 1.05.054.
E.
In its deliberations, the Board shall first determine whether the
proposed amendment is in conformity with the Comprehensive Plan.
The Board shall not approve an amendment unless it makes such an
affirmative finding.
1.05.080
Rezone Criteria
The County shall review a rezone proposal and enter written findings for the
following criteria, HGH8 sf whish shall by itsslf bs ElstsrHiiHativs.
A.
The proposed rezone's relationship to public health, safety and welfare.
B.
That the most appropriate zone designation shall be that for which the
provisions and locational criteria for designation of the zone type"'
including criteria in the Comprehensive Plan and the Growth
Management Act, match the characteristics of the area to be rezoned
better than any other zone designation.
C.
The cumulative impacts of the proposal, prior rezones, and anticipated
future rezones in light of the goals of the Growth Management Act. A
MASON COUNTY DEVELOPMENT REGULATIONS,
REGS\2002\REZONE CRITERIA. DOC
MAY 14, 2002
ORO.
82-96
\ \ FS _MASON\ VOLl \USER\ DCCOMMON\GMSHARE\DEVNEW TEXT,
~
TEXT
rezone shall not materially intensify low-intensity sprawl in Rural
Areas.
D.
The reasonably anticipated impacts on service capacities including but
not limited to: streets, parking, utilities, fire protection, schools, and
police.
E.
Whstbsr ~There has been a change of circumstances or regardless of the
limits of criteria I below, whether the assumptions of prior designation
are no longer valid. There shall not be a numerical limit on the number
of rezones per year based on faulty designations. ass\ul:~ptiGas. A faulty
designation assHHaptiGa only occurs when the property was provided a
land use designation which rendered the property nonconforming, there
was a land use designation which would have rendered the lot
conforming to the designation, and the lot satisfies all applicable
locational criteria of the land use designation.
F.
The anticipated effect upon the rate or distribution of population
growth, employment growth, development and conversion of the land
as envisioned by the Comprehensive Plan and the goals of the Growth
Management Act.
G.
Anticipated impacts on critical areas and designated agricultural, forest
and mineral resource lands.
H.
That the proposed amendment will not create significant pressure to
change tlJ.e land use designation of other properties and does not
materially affect the land uses and growth projections which are the
basis of the Comprehensive Plan.
I.
In rural activity centers and hamlets, any rural land use rezone may be
appropriate provided that the criteria above are satisfied. Outside of
rural activity centers and hamlets, the rezone of rural residential to
rural industrial or commercial is strongly discouraged, and no more
than 5 rural residential properties shall be rezoned rural ind\lstrial or
rural commercial per calendar year,;,..-aaQ For the purposes of this
section, the numericai iimit shall include both direct rezones for rural
residential to rural commercial or rural industrial, as well as,
intervening rezones from rural residential to rural tourist or rural
natural resources with subsequent rezonings to rural commercial or
rural industrial.
Such rezones must involve small scale businesses as defined in MCC
1.06, be isolated as envisioned in the Growth Management Act, and
may not occur within 112 mile of any other rural activity center,
hamlet, or isolated commercial or industrial area arsa ·of Hl:Grs ia~sasivs
mral. as¥slopHasat unless there are special circumstances, including but
not limited to streams, ravines, railroad tracks, or other aesthetic and
physical buffers, which would prevent and mitigate adverse impacts to
MASON COUNTY DEVELOPMENT REGULATIONS,
REGS\2002\REZONE CRITERIA. DOC
MAY 14,
2002
ORD.
82-96
\ \ FS _MASON\ VOLl \USER\ DCCOMMON\GMSHARE\ OEVNEW TEXT,
~ TEXT
the rural character. As a condition of the rezone, the county shall, to
the extent authorized by law, require a covenant be placed on the land
requiring the land be limited to small scale businesses.
Rural
commercial 3 shall not be allowed outside of rural activity centers and
hamlets. Rural natural resource, rural tourist, rural residential, and
master planned resorts may occur anywhere in rural areas provided that
the criteria above are satisfied.
MASON COUNTY DEVELOPMENT REGULATIONS,
REGS\2002\REZONE CRITERIA. DOC
MAY 14, 2002
ORO.
82-96
\\ FS _MASON\ VOLl \USER\ DCCOMMON\GMSHARE\ DEVNEW TEXT,
BtrbB'!'£B TEXT
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