HomeMy WebLinkAbout53-03 - Ord. Amending County Development Regulations Regarding Boundary Line Adjustment and Land Acquisition ORDINANCE NUMBER 53 - 03
AMENDMENTS TO THE MASON COUNTY DEVELOPMENT REGULATIONS
REGARDING BOUNDARY LINE ADJUSTMENT
AND LAND ACQUISITION FOR PUBLIC PURPOSES .
AN ORDINANCE amending the Mason County Development Regulations , Ord . No . 82 -96 , concerning
Boundary Line Adjustments regarding property affected by land acquisition for public purposes ,
which revises portions of the Mason County Development Regulations Section 1 . 03 . 032 . 3 . d, under
the authority of Chapters 36 . 70 and 36 . 70A RCW .
WHEREAS , the Board of County Commissioners adopted these chapters and sections within the Mason
County Development Regulations in a public hearing on March 5 , 2002 ;
WHEREAS , the Development Regulations have standards that include boundary line adjustments , but
there are no standards regarding property affected by lands acquired for public purposes ;
WHEREAS , the Mason County Planning Commission formulated their recommendations after a public
hearing on April 21 , 2003 ;
WHEREAS , the Board of County Commissioners held a public hearing about the proposed revisions on
May 27 , 2003 , to consider the recommendations of the Planning Advisory Commission, and the Mason
County Department of Community Development and citizens ' testimony on the proposed amendments ;
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
Section 1 . 03 . 032 . 3 . d (regarding property affected by land acquisition for public purposes) , as amended,
as described by ATTACHMENT B .
DATED this 27th day of May, 2003 .
Board of County Commissioners
Mason County, Washington
ATTEST :
Herb Baze , Chair
Clerk of the Board
Wesley Erl ohnsotli Commissioner APPROVED AS TO FORM :
Jayni L. Kamin, Commissioner beputy Prosecuting Attorney
w &) v*
AN ORDINANCE AMENDING
THE MASON COUNTY DEVELOPMENT REGULATIONS (Ord. No. 2=96)
REGARDING OUN AY LINE ADJUSTMENTS
AND LAND ACQUISITION FOR PUBLIC PURPOSES .
MASON COUNTY BOARD OF COMMISSIONERS
May 27, 2003
FINDINGS OF FACT
1 . Under consideration is the proposed ordinance to make revisions to the Mason
County Development Regulations Section 1 . 03 . 032 . 3 . d Boundary Line Adjustments
regarding property affected by land acquisition for public purposes .
2 . The Mason County Development Regulations (Ord. No . 82 - 96) , adopted on
March 5 , 2002 , contains Chapter 1 . 03 . 032 Development Densities and Dimensional
Requirements , including boundary line adjustments . There were no standards regarding
property affected by land acquisition for public purposes .
3 . The proposed revisions in Chapter 1 . 03 . 032 . d. include standards that existing lots
are not reduced in dimension or area such that adequate area for development with proper
setbacks and buffers is not provided, and that no increase in development densities results
from the road acquisition.
4 . At the April 21 , 2003 Mason County Planning Advisory Commission meeting,
the Department of Community Development presented the current development
standards ; a discussion of the concerns by property owners , surveyors , and title
companies ; and the proposed ordinance text that addresses property affected by road
right-of-way acquisition. In their review, the Planning Advisory Commission members
asked questions of staff on the current standards and the impact of the changes in
ordinance text on boundary line adjustment review; following their discussion, members
approved a motion to recommend adoption of the new revisions in Section 1 . 03 . 032 . d.
5 . At the May 27 , 2002 Mason County Board of Commissioners public hearing, the
Department of Community Development presented the current development standards
and current concerns , and the proposed ordinance text, as recommended by the Planning
Advisory Commission, that addresses the property affected by land acquisition for public
purposes . The County Commissioner questions focused on how the ordinance changes
would affect the boundary line adjustment process .
From the preceding findings , the Mason County Board of Commissioners adopted a
motion to include the proposed revised text to the Mason County Development
Regulations Section 1 . 03 . 032 . 3 . d Boundary Line Adjustments , regarding property
Staff report to Mason County Board of Commissioners
affected by land acquisition for public purposes , as presented by the Mason County
Department of Community Development .
Chair, Mason County Board of Commissioners Date
Staff report to Mason County Board of Conunissioners
Oazhm elt
DRAFT AMENDMENTS TO MASON COUNTY REGULATIONS TO ADDRESS ISSUES
RELATED TO BOUNDARY LINE ADJUSTMENTS
Prepared by the Mason County Planning Department — PAC recommendation April 21 , 2003
L03 .032 Development Densities and Dimensional Requirements
A . Development Densities . Development densities for residential development are calculated
as the allowed number of dwelling units per acre (DU/ac) . For non-residential
development, development densities are calculated as the amount of building floor area
allowed- per gross acre of land, the "floor area ratio" (FAR) . For all Development Areas
within the County, these development densities are shown in FIGURE 1 . 03 . 032 or are
included in Chapter 1 . 04 for Rural Lands .
B . This chapter regulates residential lot development through the use of Standard Residential
Density limits and Maximum Residential Density limits , as contained in Figure 1 . 03 . 032
and Chapter 1 . 04 . The Standard Residential Density shall be applied as follows :
1 . On a lot existing at the time of the initial adoption of this chapter (June 17 , 1998)
and otherwise suitable for residential use, the Standard Residential Density limit is
used to determine the allowed number of dwelling units on the site . For example,
in the Rural Area the Standard Residential Density is one dwelling unit per five
acres . Therefore, a lot of five acres would comply with the Standard Residential
Density requirement for one dwelling.
2 . If said existing lot does not have an adequate area to comply with the applicable
Standard Residential Density requirement, then one dwelling unit may be allowed.
For example, in the Rural Activtiy Centers the Standard Residential Density is one
dwelling unit per 2 . 5 acres . Therefore, if a lot was less than 2 . 5 acres , a dwelling
unit may be allowed, provided that the lot could comply with all other applicable
standards and requirements .
3 . a . No residential lot of less than the Standard Residential Density may be created or
reduced in size, except through an approved subdivision or performance
subdivision, pursuant to Mason County Code Title 16, in which the allowed
residential density (allowed number of dwelling units) of the entire original
property is allocated to the lots created, or through the provisions of 3b,3c, or 3d
below. For example, in the Rural Area the Standard Residential Density is one
dwelling unit per five acres . Therefore, a Rural Area property or parcel of 20 acres
might be divided into three lots of two acres each and one lot of 14 acres,
provided that the 14 acre lot would have the right to only one dwelling, and could
not be further subdivided for residential purposes .
3 . b If a lot has more than one , but not more than four existing residential dwellings,
then the Director may approve the division of the lot in a manner that establishes
each dwelling on a separate lot. Provided that :
( 1 ) . Any new lot created by this method shall be considered a conforming lot.
(2 ) . The provisions of this section shall apply only to lots and dwellings that
were legally created and built.
(3 ) . The provisions of this section shall not apply to dwellings that were
permitted as accessory dwellings or temporary dwellings .
(4 ) In approving such a subdivision of land, the Director shall make the
following determinations :
Proposed language is underlined ; deleted language is struck through .
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(a) Each dwelling shall have access by frontage or easement to a
public way;
(b) Each dwelling shall be connected to a septic system or sewer
line adequate to serve the dwelling ;
(c) Each dwelling shall be served by a sufficient supply of potable
water; and
(d) The division of land shall occur in a manner that minimizes any non-
conformity related to minimum lot size or setback requirement.
3 . c Boundary line adjustments .
( 1 ) Boundary line adjustments to existing lots in rural residential districts
may reduce the size of a lot that is already non-conforming as to density
provided that the lot is not reduced below the minimum lot size of 2
acres . When land is transferred from an existing lot that does not meet
the density requirement to another lot under this provision, no rights to
increase density are transferred with the land.
(2 ) The Administrator may allow expansion of existing lots through
boundary line adjustments into adjoining land use districts without
requiring compliance with lot size or density requirements of the
adjoining district provided that the adjustment is solely for the purpose of
resolving an adverse possession claim. The administrator must find the
adverse possession claim clear and convincing and the minimum
necessary to resolve the dispute, or a court must have granted the claim,
in order to approve the adjustment. The administrator shall keep a docket
of such approvals for consideration as map amendments at the next
annual review.
3 . d. When propegy is acquired in fee ownership by the public for public purposes by
condemnation or other means :
( 1 ) no existing lot shall be reduced in dimension or area such that it does not
have an adequate area, exclusive of all setback, buffer and open space
requirements , to accommodate a residence (or other building where
residential use is prohibited) driveway and parking„ and, where required,
a well, stormwater, septic system and reserve area; and
(2) no rural residential district lot shall be divided in such a manner that the
total number of residential units allowed after the acquisition would be
greater than the total number of residential units allowed prior to the
acquisition, but outlots may be created.
Acquisition of an easement for road right-of-way does not divide the property.
4 . Title 16 , Mason County Code, regulates land divisions in Mason County and
establishes a review process by which all applicable regulations can be addressed.
The allowable size and configuration of any given lot in a land division is
determined through this process . Issues to be considered in establishing a
minimum size for any particular lot shall include adequate provisions for buffer
yards , as set forth in Section 1 . 03 . 036 or setbacks in Chapter 1 . 04 ,
C . Dimensional Requirements . Dimensional requirements include setbacks , building height
restrictions , and maximum allowed lot coverage . These requirements for each Development Area are set
forth in FIGURE 1 , 03 . 032 . Maximum height restrictions shall not apply to storage silos , antennas ,
transmission towers or water tanks .
Proposed language is underlined ; deleted language is struck through.
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MASON COUNTY DEVELOPMENT REGULATIONS AMENDMENTS (ORD. 82-96 AS
ENDED)
1 .06 Definitions
A new definition added to section 1 . 06 Definitions, as follows :
Out lot. An "out lot" is a tract of land which is restricted from development as a residential or commercial
lot; but which may be intended for accessory puToses such as for stormwater management, playground, or
open space .
Proposed language is underlined ; deleted language is struck through.
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