HomeMy WebLinkAbout42-14 - Ord. Amending Title 16 Revising Section 16.08.014 Definition of Cluster Adding 16.21.150ORDI\A\CE NUMBER 4214
AN ORDINANCE AMENDING TITLE 16 OF THE MASON COUNTY CODE
REVISING SECTION 16.08.014 (DEFINITION OF "CLUSTER") AND ADDING
SECTION 16.21.150 ALLOWING NON-CONTIGUOUS OPEN SPACE FOR
PERFORMANCE SUBDIVISIONS
AN ORDINANCE amending Title 16 of the Mason County Code under the authority of Chapter 36.70
and 36.70A RCW.
WHEREAS, this Ordinance amends Title 16 to revise Section 16.08.014 to exempt performance
subdivisions from the definition of "Cluster"; and
WHEREAS, this Ordinance amends Chapter 16.21 to include new Section 16.21.150 permitting non-
contiguous open space, if approved by the Board of County Commissioners, as satisfying the
requirements for a performance subdivision ; and
WHEREAS, the Mason County Planning Advisory Commission conducted a public hearing on June 2,
2014 and recommend adoption of amendments by the Commissioners; and
NOW THEREFORE, BE IT HEREBY ORDAI\ED, that the Board of Commissioners of Mason County
hereby amends the Mason County Code Title 16 (Plats and Subdivisions), revising Section 16.08.014 and
adding Section 16.21.150. (See Attachment A)
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DATED this /L. day of ,)L` 2014.
ATTEST:
I
Cle of the Board
APPROVED AS TO FORM:
Tim Whitehead, Chief DPA
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
Terri Jeffreys, C air
cassi 5“094%__
Tim Sheldon, Commissioner
y Neatherlin, missioner
TITLE 16 - PLATS AI\ S B) IVISIONS
[A E EN CHAPTE16.08, SECTION 16.08.14
C APTE ': 16.21, NE SECTION
CHAPTER 16.08 DEFINITIO\.S
16.08 014 Cluster. A grouping of house lots within a subdivision, other than a performance
subdivision, separated from other clusters by open space. For the purposes of this Title, a
cluster in a rural area:
(1) shall not exceed eight (8) house lots;
(2) shall establish an open space separation between clusters of at least 100 feet in width; and
(3) shall have not more than four clusters of house lots in any development
CHAPTFR 16.21 - PERFORMANCE SUBDIVISIONS
[new] 16.21.150 Non -Contiguous Open Space. The open space requred by this chapter may be provide
by a non-contiguous parcel and density, includ ng bonus density, may be transferred from such non-
cont'guous, open space parcel to one or more performance subdivisions, so long as such use of the non-
contiguous parcel for open space is approved by the Board of Commissioners by Development
Agreement pursuant to RCW 36.706.170-210, and so long as the approval is consistent with the
following criteria:
(a) The non-contiguous open space parcel may be used to satisfy all or part of the open space
requirements of this chapter for one or more performance subdivisions, so long as the overall dens ty of
the performance subdivision(s) does not exceed the density that would be permitted by this code if the
o pen space parcel and the performance subdivisions were contiguous and developed as a signal
performance subdivision.
(b) The Development Agreement may modify other requirements of th's chapter except that the
n on-contiguous open space must be protected and maintained as required by Section 16.21.090.
(c) There must be pedestrian access between the performance subdiv s on(s) and the non-
contiguous open space such as by a trail secured by an access easement over intervening property.
(d) That pedestrian access between the performance subdivision and the non-contiguous open shall
n ot exceed one quarter (1/4) mile or one thousand three hundred twenty (1,320) feet as measured from
the parcel boundary of the furthest residential lot.
(e) The Board of Commissioners may conduct the hearing required by RCW 36 70B.200, or may
direct the Hearings Examiner to conduct the required hearing at the same time that the Hearmngs
Examiner conducts the hearing on the application for preliminary subdivision approval. The Board of
Commissioners may approve the Development Agreement prior to the Hearings Examiner's decision on
a preliminary subdivision, or the Hearings Examiner may grant prel.m.nary approval of a subdivision
conditioned upon subsequent approval of a Development Agreement by the Board of Commissioners.
(e) The Development Agreement shall be recorded as required by RCW 36.706.190.