HomeMy WebLinkAbout152-02 - Ord. Amending County Development Regulations Parking Ordinance and Title 16 Plats and Subdivisions ORDINANCE NUMBER6 r 02
AMENDMENTS TO THE MASON COUNTY DEVELOPMENT REGULATIONS
MASON COUNTY PARKING ORDINANCE, AND TITLE 16 PLATS AND SUBDIVISIONS .
AN ORDINANCE amending the Mason County Development Regulations, regarding binding site plans
I
n urban growth areas; Mason County Parking Ordinance parking standards for business and professional
office land uses , and portions of Title 16 Plats and Subdivisions regarding public interest and third party
interests in land divisions, under the authority of Chapters 36 . 70 and 36 . 70A RCW.
WHEREAS , the Department of Community Development has prepared ordinance changes to these three
implementing ordinances that Mason County Department of Community Development can review and
evaluate proposed development that will result in the approval of a project that is conforming with clear
development standards and is not in conflict with existing land uses and property rights .
WHEREAS , at the October 21 , 2002 Mason County Planning Advisory Commission meeting, the
proposed ordinance changes in the Development Regulations , Title 16 Plats and Subdivisions , and Mason
County Parking Ordinance were presented, and Planning Advisory Commission members approved a
motion to recommend approval of the proposed ordinance changes .
WHEREAS , the Board of County Commissioners held a public hearing about the proposed revisions on
November 19 , 2002 , to consider the recommendations of the Planning Advisory Commission, and the
Mason County Department of Community Development and citizens ' testimony on the proposed
revisions to Development Regulations, Title 16 Plats and Subdivisions , and Mason County Parking
Ordinance ;
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 ,
regarding binding site plans in urban growth areas; Mason County Parking Ordinance parking standards
for business and professional office land uses; and portions of Title 16 Plats and Subdivisions regarding
public interest and third party interests in land divisions , as described by ATTACHMENT B .
i
DATED this day of November 2002 .
Board of County Commissioners
Mason County Washinb on
ATTEST :
Wesley E . J nsort, Chair,
C rk oft e Board
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- - ��
Herb Baze , Commissioner P OVED AS TO FORM :
Bob Holter, Commissioner Deputy Prosecuting Attorney
AN ORDINANCE AMENDING
THE MASON COUNTY DEVELOPMENT REGULATIONS AND
TITLE 16 PLATS AND SUBDIVISIONS
AND MASON COUNTY PARKING ORDINANCE STANDARDS
MASON COUNTY BOARD OF COMMISSIONERS
November 19, 2002
FINDINGS OF FACT
1 . Under consideration is the proposed ordinance to amend review standards regarding
binding site plans in urban growth areas ; parking standards for business and professional office
land uses, and revisions to portions of Title 16 Plats and Subdivisions regarding public interest
and third party interests in land divisions .
2 . The Mason County Development Regulations set forth land use designations and
development standards for proposed projects in Mason County; these standards include zoning
districts, permitted uses , and dimensional requirements for land divisions . Title 16 Plats and
Subdivisions described the standards and review procedures for proposed land divisions . The
Mason County Parking Ordinance sets the standards for adequate parking for proposed land uses .
3 . The Mason County Department of Community Development staff have presented
proposed changes in these development standards which needed to clarify evaluation
standards for binding site plans and subdivision review, and to provide a new parking
standard for the urban growth areas and in the rural activity centers , where business and
professional offices are allowed
4 . At the October 21 , 2002 Mason County Planning Advisory Commission meeting, the
Department of Community Development presented the proposed ordinance changes in the
Development Regulations , Title 16 Plats and Subdivisions , and Mason County Parking
Ordinance . Following discussion, Planning Advisory Commission members approved a motion
to recommend approval of the proposed ordinance changes .
5 . At the November 19 , 2002 public hearing, the Board of County Commissioners heard the
Department of Community Development staff report and considered the testimony from co,inty
staff and the public concerning the proposed revisions to Development Regulations , Title 16 Plats
and Subdivisions , and Mason County Parking Ordinance .
FROM THE PRECEDING FINDINGS , the Mason County Board of Commissioners adopts a
motion to approve the proposed revisions made by Department of Community Development staff
in the proposed text in the Mason County Development Code (binding site plans) , Title 16 Plats
and Subdivisions (public interest and third party interests in land divisions) , and Mason County
Parking Ordinance (parking standards for business and professional office land uses) .
Chair, Mason County Board of Commissioners Date
1 . 03 . 031 Binding Site Plan Required in the Belfair and Allyn Urban Growth
Areas
A . In the Belfair and Allyn_ urban growth areas and prior to the provision of public
sewer or public water to a site, any approval for a commercial , industrial and mixed
use development is required to include a binding site plan which :
• complies with the applicable health regulations and other Mason County building
regulations ; e . g . critical areas , storm water management , etc .
• provides for the septic needs of the current proposal and shows how the remainder
of the site will accommodate and not preclude urban services and densities, and .
• provides for future sewer pipelines and other utilities .
B . The binding site plan, prepared under this section and reviewed and approved by
the Director, shall address the following : buffers, landscaping, traffic access and
parking standards , current septic and future sewer provisions , height and scale in
relation to surrounding uses and f aturC uses , JCgCtativn r Cmovai , stoiiii W at%r,
potable water, and lot coverage.
C . Development of the site shall be consistent with the approved site plan. Minor
modification to the site plan may be allowed by the Director, provided that all other
regulations and conditions placed on the approval are complied with .
1 . 06 Definitions .
Add to text :
Director: The Director of Community Development, and whose
responsibilities may be delegated when not contrary to law or
ordinance.
MASON COUNTY DEVELOPMENT REGULATIONS proposed NOV., 2002
Page 1
MASON COUNTY PARKING STANDARDS
ORDINANCE NO . 815
SECTION 9 TABLE OF MINIMUM STANDARDS
SECTION 9 . 02 PROFESSIONAL SERVICES
(General Uses) (Parking Space Requirement)
I . Medical and dental clinics or One space each 150 sq . ft. of gross
offices : leasable area plus one space per each
employee .
2 . Business and Professional offices One space each 4-50 300 sq . ft . of gross
leasable area plus one e
3 . Professional Personal Services One space per each working station plus
one space per each employee .
Mason County Parking Ordinance October 2002 proposed change
CHAPTER 16 . 16 PRELIMINARY PLATS
16 . 16 . 060 Approval . (a) The Planning Commisston Hearing Examiner shall consider the
preliminary plat at the next regularly scheduled public hearing meeting after the
expiration of the 60 days required in section 16 . 16 . 010 and shall render a decision on
such plat within forty days of the public hearing meeting at which the plat is first
considered unless written permission is given by the applicant for a longer period of time .
Prior to approval the Hearing Examiner shall make written
findings that : (a) the preliminary plat makes appropriate provisions for public health,
safety, and general welfare and for open spaces, drainage ways , streets or roads , light and
air, ingress and egress , transit stops, sanitary wastes , parks and recreation areas,
playgrounds , schools and schoolgrounds , and all other relevant facts , including sidewalks
and other planning features that assure safe walking for students who only walk to and
from school ; and (b) the public use and interest will be served by the platting of such
land . If it finds that the proposed subdivision and dedication makes appropriate
provisions and the public use and interest will be served, then the Hearing Examiner
may approve reeorAmend approval e the preliminary plat outright
or conditionally to the Board of Ge pAy Geff niss; The public interest shall not
include the regulatory taking of any contractual rights, options, or any other third party
interest in land, which if the preliminary plat were approved, may render such interests
valueless. In such case, the Hearing Examiner may deny the preliminary plat until such
interest is removed from the property which is the subject of the preliminary plat.
plat,Reeofmnendatieiis shall be s4mitted to the Beafd not later- than feuAeen days fE) 11Owi-R
action by the Commission. UpOn meeipt of the reeommendation on any pr-elifninar-y
wastes ,the Beafd sha4l, at its next publie meeting, set the date fef the publie fneeting who
may adopt or- r-ejeet the r-eeeffime-ndations of the Cormnission . if, after- eensider-ing the
r-eeemffnendafien �F disapproving any preliminary plat is neeessafy, the ehange
of the r-eeommendatien sha4l not be made u-pAil the Board shall conduet a publie hearing
ID
and the+e" on adopt its owfl r-eeenffnendmiens and approve or- disapprove the pr-eli
The Board of County Commissioners shall, pfier- to pr-eliminar-y plat approval, make
3AT r-itten findings #iat : (a) appropfiate provisions are mad .e for- the publie health, safety,-
and genffal welfare and for- open spaeos , drainage ways , streets or- roads, alleys , othe.r-
,
featwes that asstife safe waMng eonditions for students who only walk to a-ad
s .. 1, eal ; and (b ) the publie use Y, .7 itAe est will be s e by the platting f s, , e
s4division and dedieation. if it finds that the proposed subdivision and dedie
Mason County Title 16 ( Plats and Subdivisions ) Proposed Nov . 2002 (new text; c+�tr„tea^ t text)
In computing any period of time prescribed by this Title, the day of the act from which
the designated period of time begins to run shall not be included . The last day of the
period so computed shall be included, unless it is a Saturday, Sunday, or a County legal
holiday, in which event the period runs until the end of the next day which is neither a
Saturday, Sunday, or a County legal holiday.
CHAPTER 16 . 36 SHORT SUBDIVISIONS
16 . 36 . 025 (B) Procedure - Administrative Written Findings . The Administrator shall,
prior to final short subdivision approval, make written findings that : (a) Appropriate
provisions are made for public health, safety, and general welfare and for such open
spaces , drainage ways , streets or roads, alleys , other public ways , transit stops , potable
water supplies , sanitary wastes , parks and recreation, playgrounds, schools and
schoolgrounds, and all other relevant facts, including sidewalks , and other planning
features that assure safe walking conditions for students who only walk to and from
school ; and (b) the public use and interest will be served by the permitting the proposed
subdivision of land. The public interest shall not include the regulatory taking of any
contractual rights, options, or any other third party interest in land, which if the short
subdivision were approved, may render such interests valueless pla# ng of s, , e !and ; PA&
fetif ( 4 ) of fewer- lots . if it finds that the proposed shoA subdivision Faakes appr-opfiate
�X Ti 0ions and the p4he use and ifAer-est are served, then the Administ-Fater- shall
approve the proposed sheft subdivisia
Written findings shall be made on a cover sheet to the short subdivision application and
shall be signed by the Administrator.
16 . 36 . 034 Re- subdivision Procedure . Land within a short subdivision, approved under
this chapter, may not be further divided for five years or ui#4 a final plat of the re-
subdivision has been approved and filed for record pursuant to Chapter 16 . 20 Mason
County Code, except that when a short subdivision contains fewer than four parcels, the
owner who originally filed the short subdivision may alter the short subdivision to create
up to a total of four lots within the original short subdivision boundaries within the five-
year period.
CHAPTER 16. 38 LARGE LOT SUBDIVISIONS
16. 38. 016. 2 Procedure - Administrative Written Findings. The Administrator shall, prior
to final large lot subdivision approval, make written findings that: (a) Appropriate
provisions are made for public health, safety, and general welfare and for such open
spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable
water supplies, sanitary wastes, parks and recreation, playgrounds, schools and
schoolgrounds, and all other relevant facts, including sidewalks, and other planning
features that assure safe walking conditions for students who only walk to and from
Mason County Title 16 ( Plats and Subdivisions) Proposed Nov . 2002 (new text; s+Fikeew text) 2
school; and (b) the public use and interest will be served by the permitting the proposed
subdivision of land. The public interest shall not include the regulatory taking of any
contractual rights, options, or any other third party interest in land, which if the short
subdivision were approved, may render such interests valueless.
Written findings shall be made on a cover sheet to the large lot subdivision application
and shall be signed by the Administrator.
Mason County Title 16 ( Plats and Subdivisions ) Proposed Nov. 2002 (new text; str, A ['t text) 3
MASON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
Planning
Mason County Bldg . 1 411 N . 5th
P. O. Box 279 Shelton , WA 98584
(360 ) 427 - 9670 Belfair (360 ) 275 - 4467 Elma (360 ) 482 - 5269 Seattle (206) 464 - 6968
November 19, 2002
STAFF REPORT
TO : Mason County Board of Commissioners
FROM : Planning Department, DCD
RE : Review of Proposed Changes to Development Regulations and
Title 16 Plats and Subdivisions .
Summary. Background and reason for proposed revisions to portions of the
Development Regulations , Mason County Parking Ordinance, and Title 16 Plats and
Subdivision are presented. The proposed revisions address amendments to the Mason
County Development Regulations regarding binding site plans in urban growth areas ;
parking standards for business and professional office land uses , and revisions to portions
of Title 16 Plats and Subdivisions regarding public interest and third party interests in
land divisions . Staff presents these revisions for the Board of County_ Commissioners
consideration.
I. INTRODUCTION
The Mason County Department of Community Development is presenting proposed
revisions to the Mason County Development Regulations and Title 16 Plats and
Subdivisions that were needed to clarify review standards and to provide a new parking
standard for the business and professional office land uses in all areas of the county.
The process for the review of Development Regulation changes is set forth in Title 15
Mason County Development Code . The review of proposed and requested changes is
held in public hearings before the Planning Advisory Commission and the Board of
County Commissioners, and decisions on such requests are made by the Board of County
Commissioners based upon information and testimony at their public hearing .
II. PURPOSE
The Department of Community Development implements the standards contained in the
Development Regulations and Title 16 Plats and Subdivisions . The standards for
Staff report to Mason County Board of Cortunissioners
requiring and reviewing binding site plan for developments in the Belfair and Allyn
Urban Growth Areas , Development Regulations Section 1 . 03 . 031 B , did not clearly
indicate that a plan needed to be reviewed and approved by the Community Development
Director as part of the binding site plan approval . This additional text was added for
clarification on page 1 of the Development Regulations revisions .
An application for amendment to the Development Regulations was submitted to the
Department of Community Development . The request is to modify the Mason County
Parking Ordinance standard (the number of parking stalls provided) for business and
professional offices from one stall per 150 square feet of gross floor area plus one stall
per employee to one stall per 300 square feet of gross floor area. The Department of
Community Development has not completed a comprehensive review of the Parking
Ordinance standards to this date, but in consideration of this request to make a change to
the parking stall requirements for business and professional offices , the request was
accompanied with parking standards of other jurisdictions for these land use which were
in the range similar to the request . This proposed new standard would be applied in the
urban growth areas and in the rural activity center (Hoodsport, Union, and Taylor Towne)
where business and professional offices are allowable . In addition, it should be noted that
providing adequate parking needs for the maximum usage should be balanced with the
creation of parking lots of large impervious surface area and the need for stormwater
treatment of resulting increased runoff. Staff concludes that the request to modify the
standard to one parking stall per 300 square feet of gross floor area is a reasonable change
in the parking standards . This revised text was added to the table on page 1 of the
proposed Parking Ordinance change .
Proposed changes to Title 16 Plats and Subdivisions amend four portion of this Title.
One revision is the additional text to Subsection 16 . 36 . 034 Re- Subdivision Procedure,
where clarifying language states how an owner may alter an original short subdivision to
create up to a total of four lots within the original short plat boundaries within a five-year
period. This revision makes Title 16 consistent with the same provision that is contained
in the state code RCW 58 . 17 . 060 short subdivision requirements .
The other three revisions (to Chapter 16 . 16 Preliminary Plats , Chapter 16 . 36 Short
Subdivisions , and Chapter 16 . 38 Large Lot Subdivisions) add the same text regarding the
public interest not including the regulatory taking of contractual rights, options , or other
third-party interest in land . If such interests are allowed following the approval of a land
subdivision, the subdivision of land may become non-conforming to the comprehensive
plan . It is a matter of policy that Mason County avoids the takings of third-party interests
when subdivisions are reviewed and approved .
III . BASIS FOR ACTION
The proposed revisions to the Development Regulations and Title 16 Plats and
Subdivision are presented to address several changes that were needed to clarify
evaluation standards for binding site plans and subdivision review , and to provide a new
Staff report to Mason County Board of Commissioners 2
parking standard for the urban growth areas and in the rural activity center (Hoodsport,
Union, and Taylor Towne) , where business and professional offices are allowed . With
this set of proposed revisions , Mason County Department of Community Development
can review and evaluate proposed development that will result in the approval of a
project that is conforming with clear development standards and is not in conflict with
existing land uses and property rights .
IV. SEPA DETERMINATION
The threshold determination of the environmental checklist for these proposed
development regulations revisions was issued by Mason County Department of
Community Development on October 11 , 2002 . A 14 day comment period included
copies of the Determination and the environmental checklist being sent to agencies and
affected parties . Comment letters received by the Department of Community
Development will be considered along with public testimony at this Board of County
Commissioners public hearing .
V. REQUEST FOR ACTION
Based upon the comments received and the discussion of the County Commissioners, the
Department of Community Development respectfully requests that the Board of County
Commission consider the proposed revisions to portions of the Development Regulations
and Mason County Parking Ordinance, and to Title 16 Plats and Subdivision. Based
upon the decision made, the Department of Community Development will provide
findings of fact for signature by the Chair of the Board of County Commissioners .
Staff report to Mason County Board of Commissioners 3