HomeMy WebLinkAbout2022-014 - Ord. Amending Mason County Code Title 17 Belfair Urban Growth Area ORDINANCE NUMBER 'j022-0\4
AMENDMENTS TO MASON COUNTY CODE TITLE 17 BELFAIR UGA
ORDINANCE amending Mason County Code Title 17 relating to the Belfair Urban Growth Area
(UGA) Zoning Code.
WHEREAS, under the authority of the Washington State Growth Management Act (GMA)
(RCW 36.70A) Mason County is taking legislative action to revise its development regulations;
and
WHEREAS, Mason County prepared a Planned Action Environmental Impact Statement (PAEIS)
for the Belfair UGA; and
WHEREAS, the Belfair UGA development regulations were amended to align with the
Preferred Alternative of the PAEIS; and
WHEREAS, on June 7 and December 6, 2021 the Mason County Planning Advisory Commission
held a public hearing to consider the amendments and passed a motion to recommend
approval of said amendments; and
WHEREAS, the Commissioners considered the proposed amendment at a duly advertised
public hearing on February 15, 2022; and
WHEREAS,the Board of County Commissioners took public testimony from interested parties,
considered ali the written and oral arguments, testimony and comments presented; and
WHEREAS, the Board of County Commissioners also considered the Staff Report and
recommendations of the Mason County Planning Advisory Commission; and
WHEREAS, the Board of County Commissioners finds that the proposed amendments to Title
17, relating to the Belfair UGA Zoning Code complies with all applicable requirements of the
Growth Management Act, the Comprehensive Plan, and the Mason County Code, and that it
is in the best public interest; and
BE IT HEREBY ORDAINED, the Mason County Board of Commissioners hereby approves and
ADOPTS amendments to the Mason County Code Title 17, relating to the Belfair UGA Zoning
Code as described in Attachment B.
DATED this *'day of F rUd 2022.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
ATTEST:
Kevin Shutty, Chair
McKenzie Snl h, Clerk of the Board
APPROVED AS TO FORM: Sharon Trask, Commissioner
Tim A- ---
it'e r!';tfiief DPA Randy eatherlin, Commissioner
z
Attachment B: Zoning Map and Code Changes
B- 1 . Zoning Map Change
Amend Belfair zoning as shown in Exhibit 1.
Exhibit 1. Belfair Zoning Map as Amended
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0 0 1 Map Date:February 2D22
Miles
Belfair UGA Boundary 6e1f r,UCA Zeeieg Ol Mixed Use
UGAs Bushes Industrial Mader Planned Mixed Use
- parcels General Commercialwf Multi Family Residential
3�. Approximate Bypass&Connector Route General Commercial and Business Industrial public Facility
r long Term Agricultural Single Family Residential
i s Medium Density Residential
2
B-2: Code Amendments
CHAPTER 17.07 — SHELTON AND BELFAIR URBAN GROWTH AREA DEVELOPMENT
REGULATIONS
ARTICLE 7. - PUBLIC INSTITUTIONAL (PI)
17.07.710 - Intent.
The public institutional designation is intended to:
A. Provide an area for activities relating to the purpose of state and local governmental entities and
semi-public institutions providing necessary public services; and
B. Provide for continued operation and facilitate managed growth of existing major institutions within the
Shelton UGA or the Belfair UGA;
C. Provide and protect parks, open space and other natural, physical assets of the community to improve
the aesthetic and functional features of the community.
(Ord. No. 47-09, Attach. A, 6-2-2009)
17.07.720 - Permitted uses.
A. Specific types of permitted uses are those, which provide a public service or fill a public need as
described in the statement of intent. Any proposed use, whether new or an expansion or change of an
existing use, shall be evaluated individually to determine whether it will be treated as an administrative
or special use, based on its size, overall functions, and anticipated level of impact, including, but not
limited to, such factors as hours of operation, relationship to adjacent land uses, trip generation and
parking needs, storage needs, and environmental impact. Permitted uses include but are not limited to the
following:
1.Continuation of uses already legally existing within the zone at the time of adoption of this title;
2.Parks, greenbelts and open space for active or passive recreation or enjoyment;
3.Government buildings or offices such as fire stations, schools and colleges, hospitals, community
meeting or recreation halls;
4.Libraries, museums, or similar cultural facilities;
5.Churches;
b.Public utilities, such as electrical, sewer, water, natural gas, stormwater, telecom facilities and
other similar uses including but not limited to structural improvements appurtenant to or
reasonablX related to the provision of electrical and telecommunications services by state or local
governmental entities (for example: enclosures and overhead/underground facilities such as
distribution poles, transmission poles wires vaults conduits, and other associated
equipment improvements) except for essential public facilities which are regulated in 17.07.730;
B. Similar or related uses permitted, and criteria for determination of similarity or relatedness, are as
follows:
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1.Uses similar to, or related to, those listed in Section 17.07.720A are permitted upon a finding
of the Community Development Director or his/her designee that a particular unlisted use does
not conflict with the intent of this chapter or the policies of the land development plan.
2.The criteria for such finding of similarity shall include but not be limited to the following:
A. The proposed use is appropriate in this area;
B. The development standards for permitted uses can be met by the proposed use;
C. The public need is served by the proposed use.
C. Child day care centers shall be allowed as an accessory use to those uses permitted by section
17.07.720.
(Ord. No. 47-09, Attach. A, 6-2-2009)
17.07.725 - Accessory uses.
The following accessory uses are permitted:
A. Storage of supplies and equipment associated with a primary use, and other activities incidental to the
primary use such as:
1.Storage yards;
2.Fleet parking;
3.Maintenance distribution buildings and appurtenant improvements, related facilities and
activities;
4.Residential uses as an incidental use to the permitted use, such as caretaker's quarters, or as an
accessory use to institutional facilities such as housing for students, staff or faculty of colleges,
hospitals and the like.
(Ord. No. 47-09, Attach. A, 6-2-2009)
17.07.730 - Special uses.
Special uses may be permitted as provided for in Chapter 17.05 of the Mason County Code, and subject
to applicable conditions as found in that chapter.
Any use that, in the opinion of the Community Development Director, constitutes an essential public facility
as defined in 17.06 and consistent with RCW 36.70A.200 shall require a Special Use Permit.
(Ord. No. 47-09, Attach. A, 6-2-2009)
17.07.740 - Prohibited uses.
Uses other than those identified or described in Section 17.07.720 and 17.07.730 are prohibited.
(Ord. No. 47-09, Attach. A, 6-2-2009)
17.07.750 - Setback and open space requirements.
A. Site Area: The minimum size and shape of the site shall be appropriate to the proposed use of said
site and its relationship to abutting properties and traffic patterns in the vicinity of the site.
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B. Building Height: Maximum height of buildings shall be forty-five feet. PROVIDED that with respect to
public utility electrical and telecommunications improvements this standard applies only to buildings and
not to other types of public utility infrastructure.
C. Building Setback Requirements:
l.lf adjacent properties are in the same or in a less restrictive land use district:
A. Side Yard Minimum: Fifteen feet;
B. Rear Yard Minimum: Fifteen feet;
2.If adjacent properties are in any residential district:
A. Side Yard Minimum: Twenty-five feet;
B. Rear Yard Minimum: Twenty-five feet.
3.Setbacks from right-of-way:
A. If property fronts on a private street or drive, twenty-five feet;
B. If property fronts on public street, thirty-five feet.
(Ord. No. 47-09, Attach. A, 6-2-2009)
17.07.755 - Maximum height.
A. Maximum height in the public institutional district shall be as follows: Forty-five feet, except when
adjoining a zone with a lower height restriction, in which case any structure located within one hundred
feet of the more restrictive zone shall have a maximum height as imposed by the more restrictive zone.
Height may be further restricted by airport overlay zoning, where applicable. Deviation from this
standard will be processed as a special use permit, or as reviewed by special use permit, not to exceed
fifty-five feet.
B. PROVIDED that with respect to public utility electrical and telecommunications improvements, the
standard in Subsection A a1212lies only to buildings and not to public utility infrastructure, which may be
constructed to a height reasonably necessary to provide the subject service without any special use permit
review requirement.
(Ord. No. 47-09, Attach. A, 6-2-2009; Ord. No. 52-19, att. A, 6-4-2019)
17.07.760 - Parking requirements.
A. Parking shall meet the requirements of Chapter 17.07.800 [Article 8] of this title within the Shelton
UGA.
B. Parking shall meet the requirements of Chapter 17.28 Off-Street Parking in the Belfair UGA.
(Ord. No. 47-09, Attach. A, 6-2-2009)
17.07.770 - Landscaping.
A. Landscaping shall meet all requirements of Chapter 17.07.800 [Article 8] of this title within the Shelton
UGA.
B. Landscaping shall meet all requirements of Chapter 17.31 - Landscaping in the Belfair UGA.
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(Ord. No. 47-09, Attach. A, 6-2-2009)
17.07.780 - Site plan approval.
A. Development within the Public Institutional Zoning District in the Shelton UGA is subject to site plan
approval to ensure that new development is planned in a manner consistent with this Chapter and to
assure it will be compatible with adjoining development.
B. Development within the Public Institutional Zoning District in the Belfair UGA is subject to site and
building design standards of 17.07.760 and 17.07.770 and the following chapters:
1. Chapter 17.25 - Pedestrian Access and Amenities
2. Chapter 17.27 - Interior Vehicular Access in the Belfair UGA
3. Chapter 17.29 - Service and Storage Areas In The Belfair UGA
4. Chapter 17.30 - Building Design Requirements In The Belfair UGA
5. Chapter 17.31 - Landscaping In The Belfair UGA
6. Chapter 17.32 - Lighting In The Belfair UGA
7. Chapter 17.34 - Signs In The Belfair UGA
(Ord. No. 47-09, Attach. A, 6-2-2009)
17.07.790 - Appeals.
Administrative decisions of the Community Development Director or her/his designee shall be final and
conclusive, unless a written statement of appeal is filed using the appeal procedures contained in Mason
County Development Code Chapter 15.1 1, Appeals. Said statement shall set forth any alleged errors
and/or the basis for appeal and shall be accompanied by a fee in an amount as set by resolution of the
board.
The timely filing of an appeal shall stay the effective date of the decision until such time as the appeal is
heard and decided or is withdrawn. The burden of proof regarding modification or reversal shall rest
with the appellant.
(Ord. No. 47-09, Attach. A, 6-2-2009)
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CHAPTER 17.20 - GENERAL PROVISIONS FOR THE BELFAIR UGA
17.20.080 - DISTRICTS ESTABLISHED.
Zoning districts are established as follows:
LTA Long Term Agricultural
R-4 Low Density Residential District
R-5 Medium Density Residential District
R-10 High Density Residential District
MPMU Mixed Use Master Plan
MU Mixed Use District
GC General Commercial District
BI Business Industrial District
PI Public Institutional (See Chapter 17.07)
CHAPTER 17.23 - MIXED USE DISTRICTS IN THE BELFAIR UGA
17.23.010 FR FESTIVAL RETAIL DISTRICT DI IRPOSE.RESERVED.
area and suppert busime5ses. Building heights eiFe limited te feur sterie5, but Ean ge up to fiye steries-mi
cenirneFeia' and re5identi—CrT1-d4e--j!-e5 are lifflited by height limits, paddiq�j site as retail trade uses (excluding EeFteiim types ef aute eriented uses), eating and dFinking places, hetek
ceFnplexity ef life in a Yfllage center enyiremFnent, while Fneintaining a human 5Eele and an bility feF
Reserved.
17.23.020 - ALLOWED I SES.RESERVED.
feeds,pplies, retai',(6)Bel(eFies, with em site 5eiles;(7)BaFs and tayerns etheF thein these eSSeEieted with full
goods steres;(l 7)FleFists;(l 8)Feed specialty sheps, induding., baked geeds, meats, health
including: plumbing, lighting, heafing//Eeelimg;(23)Herdwere steFes undeF fifty theusend squeFe
feet;(24)Hebby sheps,(25)jewelFy steres;(2 6)Lecl(5Fniths;(27)Me dice! effices, excluding clinics, em upper
Reserved.
17.23.030 - ACCESSORY i SES.RESERVED.
(I )AlEehelic beyerege seles: em site, in a55eeiatien with full menu feed uses;(2)MeFc:helqdil-
(C)r-d. 133 04 Att. n§-(p ar*), 2004-�
Fd Ne. 62 nog Att. n, 7 7 2009)Reserved.
17.23.040 - SPECIAL USES.RESERVED.
The felle,.-Ang uses, subject te applicable lieem5ing and deyelepffient regulatiens, she" be ellewed en't
facditie5 imeluding genie efEades, batting cages, sheeting gallerie5 and 51(ating 4)Deinee end
studies.(!5)Dence f leers eyer thFee hundFed selueFe feet in aFea.(I 6)Guf deer steFoge ef merEhan
8
1 7 23 0 S Prohibited
(!)Adult enteFtaimment.
, 2004 Reserved.
17.23.050 - BULK AND DIMENSIONAL ST NDARD RESERVED.
v„ .� .v, .�.v
specificapplicable height lirflit, pad(ing requirements, design standerds and guidelines, building cedes, and si
censtF ..a..
M inifflum Let AFea. Nene
Height: The FnaxiFflum height ef StFUEtUFes in the distFict she!! be 45 feet, ,.,,ith the fellewing exEeptiem., The
Let Dingensiens-Neme.
width, er (b) Shed te et least 000 square feet in area and at least 40 fe
Setbae'(5: Thefe she" be me setbacks Fequired in the distr
, 2004 Reserved.
17.23.060 - SITE DESIGN STANDARDS AND G IDE INES.RESERVED.
by driyeways and parking weas. in etheF werds, at least fifty- eFrzent E)f the linear StFeet frem�age FnuS4
either be epen space area (ffiu5t be at leei5t t,o,,enty feet in width fFeF" the s4eet te qualify es ..
Gx pt:
preperties oohefe the eppliceint Ean dememstFete that an alternate prepesal Een better Fneet the intent ef
the guide knes.(E)StFeet eerners and highly Yisible sites. DeyelepffieHt ef street Eeffier prepeFties shet
PFepeSek feF sites sheuld include at least ene ef the design tFecitments deseFibed belew.(! )Lereate e
building teWeFds the street rz:eFigeF (Within fifteen feet ef EGrner pFeperty line). Building feEedes lec
extended parapet, eleng the Fne5t Yisible Ylews ef the stFuEture (see Figures 1 end 2 fer
(I )Properties fFenting SR 3 between Old Belfair Highway and Clifteig Lane eF Old BelfaiF Highway
sign.sign.(3)lnstall substantial landsEaping (at least twe humdFed squaFe feet ef gFeund SUFfOEe ewee with
a7 -Ab0
f ti R,
s �
.41 lest mL
Ca►ref Eery—* F 1 N
V - eeoavpn a�a l arehitecturat
Buieirlg ptaoed up to the Pe+cestr-an onerled space Su4stamw iandscapng
street canter mlh entry adjust to the corner adjacent to tre corn w
}
p ianfing strip and 5ide'.',,a"( impreyements peF the BelfOiF urban gres-oth epee plan.
(Ord 133 04 Att. a § 2 rp,....+s 200 4s.Reserved.
17.23.070 - PEDESTRIAN AND VEHICULAR ACCESS STANDARDS D
r_i iinci it.iGc.RESERVED.
metY.'edt. SpeEifiE guidelines.-(! )PFiffieFy walle,-,,ays in the netwed( must be at least t,.vels,e feet in ,,,idth.
Miens'
(A)The Eeunty may appFe'oe a six feet wide peths,,,ay width where it rcein be defflemstFated that the
interier readwey, the ceunty may allew reduEed �,,,,alkway widths te me less then eight feet.(2)At le
t Move Figure 1 to MCC 17.24.045
10
building'swith pedestrian eriented faccides.
'east fifty pefEent ef the
this fa§ade. Weather / including / I / er /
wedth and ten feet in height clewenee, must be PFeYided aleigg at lea5t eighty percent ef the buildirig
(3)Where the _aikyeay is adjacent te dri,oeways er paddmg lets, pre,eide street tFees en the
appliEcible side at least thiFt-Y feet en rzenteF in planting strips (at leest t,,-.,en"quare feet per tFee) er
within tree g Fate s.(4)PFeyide pedestrian lighting (attaEhed te buildingS eF PIaEed en indiyiduel peles
between twe'Ye end feWteen feet in height) te eEhieye feet Eandles en the PFiffiery at leest six feet hq
amenities,SUFferee.(5)lficerpera4e pedestrian including / / end public /
benches,%laii(weys. SpeEifkally, eige linew feet ef seating (at least sixteen iMEhes deep) sheuld be PFey'ded fe
lew seating wells, steps, /
if
prepedy de5igned, Lq planter edge or edge ef a feuntain.(6)Unticeated bleink walls a'
177 7
4s,✓-
-= r-r ;+1.v•,�.�. --� -� •«~ Uentraltzcc plaza space
Park, "• Pnmatywalkwray could follow
f 4 ° an ea*"st access road that
r z functions as a main street'
through Fesuval Retail area
�3
- t 'Keystone'buildings that
create a distinct character
at intersections
s'
8uldops that feature
r.. .r' prdestnan-onentrd fac»rfas
r Parking lots and access
make up less than one-halt
of the street flortne
t y" PrirnAt y walkway
r
j" �• f� � Seoaritiary w=aik"y
t /-
i�: c� Koy strut corner save
FiguFe 2. illustrating ene way ne,,,, deyelepment eeuld meet the site design end pedestrian and Yehicular
aEcess standards.Reserved.
11
17.23.080 - BUILDING G DESIGN STANDARDS AND ,UIDELI RESERVED.
wimdesy arees or wiridew displays aleng at 'east fifty pereent ef the building's linea
and interest te the pede5tFien expeFienee aleng the street f rent.(b)Buildings frenting em public str-eet5 mus
fiye pereent ef the building fFentege. Awmiiqg5 m9ey extend to within feuF feet ef the readway cuFb,
(Ord. 133 04 Att. B § 2 (Parr), 2004),
17-23 08s
.vt-;A-HER PR,rTEc"ON
ALONG MINI 75%OF FRONT FACADE
PRIMARY ENTRY
LOCATED ALONG FRONT Fr+[ADE !�
MIN
?RAv�ARENT MORS S VJ6t
01,FRONT FACADE
.Reserved.
17.23.090 - LANDSCAPING G DESIGN STANDARDS AND G IDE ir�sRESERVED.
land5ceiped eFee between a publiC Fight ef and perking area sheill be at lea5t eight feet and
include the felle,oving plantings (see Figure 4):(!)An Ei�vefflge ef eme tFee per thiFty limeer feet ef FeqUiFed
lendsEeped aFea;(2)Am eyeFege ef ene shrub per twenty SqUEIFe feet ef planting area. Shrub5 5hall be a
least 5ixteem inche5 tall at planting and he,.,e a ngetwe height between three and few feet;(3)GFeu
(O Fd. 133 n� A-v�mot; B§i ), �
17 23 090
12
One tre8 der 30 lineal
r� feet (trees can be clue,"d
to incrovr-v vim—si
One sl sub per 20 sf
of ri(a nting area
e
Paricirrg, service. or Gmttrrd Gnvr3►
storeage areas
8Buffer ROW
Figure 4. 111ustreting stamdeFdS feF landsEaping buffefs between a street and parking Reserved.
17.23.100 - NON CONFORMING USES AND STRUCTURES.RESERVED.
pFeyisiens ef the Masen County deyelepment Feguletiens, except that in the festi,,,al retail diStFiEt the
fellewing ellewamrze5 5hall else epply te a legally established StFUEtUFe5 end uses.
reemplianEe where pe5sible with the EUFFent design standards and guideline5 she'! be deteFmined ein-d
, 2004 Reserved.
17.23.1 10 - A DDI ICA RII ITV.RESERVED.
(Ord 133 04 Att. B § 2 (POFt) 2004-YReserved.
RESERVED.17.23.1 20 - "MU" MIXED USE DISTRICT—PURPOSE.
The primary purpose of this district is to provide for a mix of uses along the SR-3 corridor,
the FR di5triet, 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
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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 density limits are provided (as they will be limited by parking requirements,
natural site constraints, and market constraints).
(Ord. 133-04 Att. B § 2 (part), 2004).
17.23.130 - ALLOWED USES.
Uses allowed in the MU district shall be as follows:
(1)Alcoholic beverage sales: package stores and wine shops
(2)Antique shops
(3)Appliance and communication equipment repair shop and/or sales
(4)Art galleries and artist studios
(5)Art and craft supplies, retail
(6)Bakeries, with on-site sales
(7)Bars and taverns, other than those associated with full menu food service
(8)Bicycle shops
(9)Book stores
(10)Banks and financial institutions
(1 1)Barber and beauty shops
(12)Building material sales
(13)Churches
(14)Commercial child care centers
(15)Community centers
(16)Clinics, including veterinary
(17)Clothing sales and rentals and shoe stores
(1 8)Delicatessens
(19)Detached dwelling per lot (one)
(20)Dry cleaners and laundries, not including laundromats
(21)Duplexes
(22)Fabric and yard goods stores
(23)Florists
(24)Food specialty shops, including: baked goods, meats, health foods, candies
(25)Funeral parlors, cremation and mortuary services
(26)Furniture stores
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(27)Grocery stores
(28)Gyms, fitness and aerobic studios
(29)Hotels/motels
(30)Household specialty shops, including: plumbing, lighting, heating/cooling
(31)Hardware stores
(32)Hobby shops
(33)Jewelry stores
(34)Laundromats
(35)Light manufacturing of stone, clay, and glass products including: glass, pottery and china ceramic,
stone cutting and engraving
(36)Light manufacturing of handcrafted products
(37)Light manufacturing of computers, office machines and equipment manufacturing
(38)Local utility system transmission lines and structures
(39)Locksmiths
(40)Lumber and other building materials including pre-assembled products
(41)Medical offices
(42)Multi-family dwelling units
(43)Museums, libraries, and educational facilities (other than public schools)
(44)Music stores, recordings and instruments
(45)Outside storage and display
(46)Paint and glass shops
(47)Parks
(48)Pharmacies, dispensing
(49)Photographic studios
(50)Printing, publishing and reproduction services
(51)Professional offices
(52)Public transportation: bus terminals, park and ride lots
(53)Radio and television broadcasting stations
(54)Recycling centers
(55)Rental and leasing services: vehicles, furniture and tools
(56)Research, development and testing services
(57)Restaurants, cafes and food stands
(58)Retail shops not otherwise named which are under ten thousand square feet
15
(59)Second hand stores and pawn shops
(60)Service and repair shops for appliances, small equipment, and automobiles
(61)Sporting goods stores
(62)Stationary and office supply stores
(63)Theaters, live stage
(64)Theaters, motion picture
(65)Townhouses
(66)Triplexes
(67)Vehicle parts stores and
(68)Wholesale trade uses.
(Ord. 133-04 Att. B § 2 (part), 2004; Ord. No. 21-13, Attach. A, 4-16-2013; Ord. No. 30-13, Attach. A,
6-4-2013; Ord. No. 53-16, Att. A, 8-16-2016)
17.23.140 - SPECIAL USES.
The following uses, subject to applicable licensing and development regulations, shall be allowed only
with approval of a conditional use permit. Consideration shall be given to the purpose and development
standards of the district including any adopted design standards or guidelines.
(I)Utility buildings and structures except transmission lines and structures.
(2)Commercial parking lots not associated with an on-site use.
(3)Live entertainment except between the hours of 1 2:00 AM and 7:00 AM.
(4)Private transportation depot.
(5)Schools.
(6)Public sidewalk food and merchandise vendors including espresso and newsstands.
(7)Private recreation facilities including game arcades, batting cages, shooting galleries and skating
rinks.
(8)Self-storage facilities.
(Ord. 133-04 Att. B § 2 (part), 2004).
(Ord. No. 23-19, Att. A, 3-19-2019)
17.23.145 - PROHIBITED USES.
The following uses are prohibited:
(a)Adult entertainment.
(Ord. 133-04 Att. B § 2 (part), 2004).
16
17.23.150 - BULK AND DIMENSIONAL STANDARDS.
Density: The maximum density shall be dictated by the applicable height limit, parking
requirements, design guidelines, site constraints, and market conditions.
Intensity: No requirements.
Minimum Lot Area: None.
Lot Dimensions: None.
Height: The maximum height of structures in the district shall be 55 feet, with the following
exception: The top of buildings or structures (including rooflines but excluding
church spires, bell towers, and chimneys) on the west side of SR-3 shall not reach
an elevation of more than 35 feet above the grade level of the roadway, within
150 feet of the SR-3 right-of-way.
Setbacks: See subsections 17.23.155(c), 17.23.165(b) and (c), and 17.31.020(G) for
required setbacks, otherwise no setbacks are required.
(Ord. 133-04 Att. B § 2 (part), 2004; Ord. No. 52-19, att. A, 6-4-2019)
17.23.155 - SITE DESIGN STANDARDS AND GUIDELINES.
(a)Intent.
(1)To upgrade the identity of downtown Belfair.
(2)To enhance the streetscape by minimizing the amount of driveway and parking areas visible
from the street in downtown.
(b)For properties fronting Old Belfair Highway, NE Roy Boad Road and The Old Beards Place, and
properties fronting streets along or within the central triangle area between Clifton Way, SR-3, and Old
Belfair Highway, provide pedestrian-oriented street frontage. Specifically, no more than fifty percent of
the linear street frontage for commercially developed properties shall be occupied by driveways and
parking areas. In other words, at least fifty percent of the linear street frontage must either be:
(1 )Landscaping: at least twenty feet of width of Landscape Type B;
(2)Pedestrian oriented spaces (see definition): at least twenty feet in width;
(3)Pedestrian-oriented facades (see definition);
(4)Any combination of the above.
Exception: alternative proposals will be considered where the applicant can demonstrate to the
county that such proposal can better meet the intent of the guidelines.
(c)Set back buildings adjacent to SR-3 sufficient to accommodate the planned roadway configuration,
planting strip and sidewalk improvements per the Belfair urban growth area plan.
(d) Through compliance with frontage standards and mid-block crossings, new development shall create a
network of primary and secondary pedestrian walkways in the central triangle area between Clifton
17
Way, SR-3, and Old Belfair Highway,
(1) Intent. To improve the pedestrian environment downtown by making it easier, safer, and more
comfortable to walk between businesses to the street sidewalk, to transit stops and through
parking lots.
(2) Create a network of primary and secondary pedestrian walkways in the central triangle area
between Clifton Way, SR-3, and Old Belfair Highway. These may be one direct route, a
curvilinear route, or several indirect routes depending on development opportunities, developer
creativity, and constraints on individual properties. Due to the size of the parcels in this area, it is
recognized that such a pedestrian network will likely be developed incrementally over time as
properties redevelop. However, these properties represent the focal point for downtown Belfair
and the area is intended to become the focal point for social, cultural, and festival retail activities
in the community as well. The pedestrian network should include at least one primary east-west
pedestrian route through the downtown area and contain at least one primary north-south
walkway connecting to SR-3. Applicants must demonstrate how their proposal meets the
guidelines below and provides for future extensions of the pedestrian network. Specific
guidelines:
(A) Primary walkways in the network must be at least twelve feet in width. Other
(secondary) walkways should be sized and designed per subsection 17.25.020(e).
Exceptions:
(i) The county may approve a six-foot wide pathway width where it can be
demonstrated that the primary walkway should follow an interior property line;
(ii) Where the primary walkway follows an interior roadway, the county may
allow reduced walkway widths to no less than eight feet.
(3) At least thirty three percent of the combined frontage on both sides of the primary walkway
should feature buildings with pedestrian-oriented facades.
Definition: Pedestrian-oriented facades contain transparent window area or window displays
along at least thirty three percent of the buildings linear frontage. The primary building entries
must be located along this facade. Weather protection, including awnings, canopies, marquees, or
overhangs, at least six feet in width and ten foot in height clearance, must be provided along at
least eighty percent of the building frontage.
(A) Where the primary walkway is adjacent to driveways or parking lots, provide street
trees on the applicable side at least thirty feet on-center in planting strips (at least twenty
square feet per tree) or within tree grates.
(B) Provide pedestrian lighting (attached to buildings or placed on individual poles
between twelve and fourteen feet in height) to achieve two foot-candles on the primary
walkways surface.
(C) Incorporate pedestrian amenities, including seating, landscaping, and public art, along
primary walkways. Specifically, one linear foot of seating (at least sixteen inches deep)
should be provided for every thirty square feet of corridor area. Seating may include
benches, low seating walls, steps, or, if properly designed, a planter edge or edge of a
fountain.
18
(D) Untreated blank walls along primary walkways are prohibited.
C;ontrallzm plaza space
Park Prin-ory walkway could lollaw
r i t ,., 1 an east-west access road that
functions as a "main retreat'
f( through Festival Retail area
- r
_ ! "Keystone' buildings that
create a distinct character
at rntersecbons
�A,
• t p
"ai
r Suildrgs that feature
. s` pedesinan-oriented fwAdes
Parwng hots ana amass
make up less than one-halt
of the street frontage
Primary walkway
1 '` ��■11� Secondary w-alkrray
.,
Key street corntt tit8'i'►
Figure 2 Illustrating one way new development could meet the site design and pedestrian and vehicular
access standards.
(Ord. 133-04 Att. B § 2 (part), 2004).
17.23.160 - BUILDING DESIGN STANDARDS AND GUIDELINES.
(a)lntent.
(1)To encourage pedestrian activity downtown.
(2)To make businesses inviting.
(3)To add comfort and interest to the pedestrian experience along the street front.
(b)Buildings fronting on Old Belfair Highway and NE Roy Boad Road must feature pedestrian-oriented
facades (see Figure 3). This includes:
(1)Transparent window area or window displays along at least fifty percent of the buildings
linear frontage;
(2)Primary building entries located along this facade;
19
(3)Weather protection, including awnings, canopies, marquees, or overhangs, at least three feet in
width, provided along at least seventy-five percent of the building frontage. Awnings may extend
to within four feet of the roadway curb, subject to Mason County building permit review.
(c) Streets along and within the central triangle area between Clifton Way, SR-3, and Old Belfair
Highway shall meet the provisions of (b)(2)and (b)(3).
VVEAN49R PROTECTION
ALONG MIN.75%OF FRONT FACADE
PRIMARY ENTRY
LOCATED ALONG FRONT FACADE
MIN,W%
TRANSPARENT DCORS 8.VJI
OR FRONT FACADE
Figure 3. Illustrating standards for pedestrian-oriented facades.
(Ord. 133-04 Att. B § 2 (part), 2004).
17.23.165 - LANDSCAPING DESIGN STANDARDS AND GUIDELINES.
(a)lntent. To mitigate the appearance of parking lots on the streetscape.
(b)The minimum landscaped area between SR-3 and a parking, service, or outdoor storage area shall be
at least fifteen feet and include the following plantings (see Figure 5):
(1)An average of one tree per twenty linear feet of required landscaped area;
(2)An average of one shrub per twenty square feet of planting area. Shrubs shall be at least
sixteen inches tall at planting and have a mature height between three and four feet;
(3)Ground cover per 17.31.020(d)(5) standards.
(c)The minimum landscaped area between all other public streets and a parking, service, or outdoor
storage area shall be at least ten feet and include the following plantings:
(1)An average of one tree per thirty linear feet of required landscaped area;
(2)An average of one shrub per twenty square feet of planting area. Shrubs shall be at least
sixteen inches tall at planting and have a mature height between three and four feet;
(3)Ground cover per 17.31.020(d)(5) standards.
(Ord. 133-04 Att. B § 2 (part), 2004).
17-23-165
20
One tree per 20 knead
feet Itnees can be clustered
or staggered to increase vmnvs)
One shrub per 20 sl
trfplantitg t;rnea
stormp areas sr`'1 Ground cover
301
8~ R
OW
Figure 5. Illustrating standards for landscaping buffers between a street and parking lot.
17.23.170 - NON-CONFORMING USES AND STRUCTURES.
Legally established and continued Non-conforming uses and structures shall be allowed to remain subject
to the provisions of the Mason County development regulations except that in the mixed-
use district the following allowances shall also apply to legally established structures and uses.
(1)Non-Conforming Structures.
(A)A non-conforming structure that is damaged or accidentally destroyed up to one hundred
percent may be replaced subject to the obtaining of a special use permit wherein compliance
where possible with the current design standards and guidelines shall be determined and
required.
(B)A non-conforming structure may be enlarged, extended or structurally altered so long as any
new construction does not increase the non-conforming aspects of the structure.
(2)Non-Conforming Uses.
(A)A nonconforming use may continue so long as the associated structure is not enlarged by more
than twenty percent or the intensity of use of the property for commercial uses is not otherwise
increased.
(Ord. 133-04 Att. B § 2 (part), 2004).
17.23.180 - APPLICABILITY.
The provisions of this section and chapter shall apply to all new construction, applications for change of
use and/or alterations to existing structures.
(Ord. 133-04 Att. B § 2 (part), 2004).
21
17.23.200 - MASTER PLANNED " MP-MU" MIXED USE DISTRICT-PURPOSE.
The purpose of this district is to provide for large-scale master planned developments. This district allows
a mix of commercial and residential uses with a focus on business/industrial park development and
multifamily housing.
17.23.210 - ALLOWED USES.
The uses permitted in the following zones are permitted in the Master Planned Mixed Use District:
(1 ) General Commercial
(2) Mixed Use
17.23.220 - SPECIAL USES.
The special uses in the following zones are considered special uses in the Master Planned Mixed Use
District, unless otherwise permitted per 17.23.210:
(1 ) General Commercial
(2) Mixed Use
17.23.230 - BULK AND DIMENSIONAL STANDARDS.
Bulk and dimensional standards of the Mixed Use zone shall apply.
17.23.240 - SITE DESIGN STANDARDS AND GUIDELINES.
Proposals shall meet the UGA design standards found in Chapters 17.25 through 17.35.
17.23.250 - BUILDING DESIGN STANDARDS AND GUIDELINES.
Building Design standards and guidelines of MCC chapter 17.30 shall apply.
17.23.260 - LANDSCAPING DESIGN STANDARDS AND GUIDELINES.
(a)Landscaping standards and guidelines of Chapter 17.31 shall apply except where amended below.
(b) Landscaping design standards and guidelines in MU-MP shall include the following
1 Intent.
(A) To mitigate the appearance of parking lots on the streetscape.
(B) To enhance the appearance of the SR-3 corridor.
(2) The minimum landscaped area between SR-3, north of the railroad, and a parking, service, or
outdoor storage area shall be at least thirty feet and include the following plantings (see Figure
(A) An average of one tree per twenty linear feet of required landscaped area;
(B) An average of one shrub per twenty square feet of planting area. Shrubs shall be at
22
least sixteen inches tall at planting and have a mature height between three and four
feet;
(C) Ground cover per 17.31.020(d)(5) standards.
(3) The minimum landscaped area between SR-3 south of the railroad, and a parking, service, or
outdoor storacle area shall be at least fifteen feet and include the following plantings:
(A) An average of one tree per thirty linear feet of required landscaped area;
(B) An average of one shrub per twenty square feet of planting area Shrubs shall be at
least sixteen inches tall at planting and have a mature height between three and four
feet;
(C) Ground cover per 17.31.020(d)(5) standards.
(4) The minimum landscaped area between all other streets and a parking, service, or outdoor
storage area shall be at least ten feet and include the following plantings:
(A) An average of one tree per thirty linear feet of required landscaped area;
(B) An average of one shrub per twenty square feet of planting area. Shrubs shall be at
least sixteen inches tall at planting and have a mature height between three and four
feet;
(C) Ground cover per 17.31.020(d)(5) standards.
(_c) The following substitute landscape buffers shall apply to create transitional landscape standards
between higher intensity uses and lower intensity uses. Chapter 17.31 Table 3 applicable landscape
types shall be applied except as follows:
(1) Category 3, 4, and 5 uses abutting Categories 1, 2, and 3 uses
(A) 20 foot Type A
(B) 30 foot Type B
(C) 40 foot Type C
(2) Category 6 uses abutting Categories 1 , 2, and 3 uses
(A) 30 foot Type A
(B) 40 foot Type B
(C) 50 foot Type C
17.23.280 MASTER PLAN
See MCC 17.70 Master Development Plans.
17.23.290 - NON-CONFORMING USES AND STRUCTURES.
Legally established and non-conforming uses and structures shall be allowed to remain subject to the
provisions of the Mason County development regulations.
23
17.23.300 - APPLICABILITY.
The provisions of this section and chapter shall apply to all new construction, applications for change of
use and/or alterations to existing structures.
17.24.045 - SITE DESIGN STANDARDS AND GUIDELINES.
(a)lntent.
(I)To enhance the appearance of highly visible sites.
(b)Enhance the appearance of street corners on SR-3. Development of street corner properties should
contribute to a sense of community and/or the demarcation of the area. Specifically, all development
proposals for sites adjacent to public street intersections along the SR-3 corridor should include at least
one of the design treatments described below (See Figure 1 ).
(I)Locate a building towards the street corner (within fifteen feet of corner property line). Building
facades located here are encouraged to include a special architectural element, such as a raised
roofline, towers, or an extended parapet, along the most visible views of the structure.
(2)Provide a pedestrian walkway and/or plaza space at the corner leading directly to a building
entry or shopping plaza space. May be appropriate in conjunction with an approved monument sign.
(3)lnstall substantial landscaping (at least two hundred square feet of ground surface area with
trees, shrubs, and or ground cover. May be appropriate in conjunction with an approved monument sign.
(c)Setback buildings adjacent to SR-3 sufficient to accommodate the planned roadway configuration,
planting strip and sidewalk improvements per the Belfair urban growth area plan.
` - #
YJ
' At Est )SF
CcmetCQertyatd v 5�Naa:
Budding ptaoetl Lip to tie Peoestrzn oner fed spaoe Substari ei landscaping
street corner with entry ad,acent to the corner adjacent to the corner
Figure 1. Street corner design options.'
(Ord. 133-04 Att. B § 2 (part), 2004).
2 Moved from 17.23.060
24
CHAPTER 17.70 MASTER DEVELOPMENT PLANS
17.70.01 1 - Eligibility.
The MDP process may be initiated when the following criteria are met:
(I)Applicant. The master development plan application must include notarized signatures of all current
property owners listed on the title report consenting in writing to the proposed master development plan
and review process. If the property owner is a corporation, trust, or other holding legal interests in the
land the authorized representative must attach proof of signing authority on behalf of the corporation,
trust, etc.
(2)Minimum Size.
(A)To be eligible for consideration as an MDP in an urban growth area, the area shall contain a minimum
of#ef#y ten acres.
(B)To be eligible for consideration as an MDP in an area not within an urban growth area, the area shall
contain a minimum of two hundred fifty acres.
(3)Contiguous Parcels. To be eligible for consideration as an MDP, the tract shall consist of a parcel or set
of contiguous parcels under single ownership or control of one person or entity with the authority to
develop the land within the proposed MDP. Contiguous parcels include parcels that are separated by
right-of-way, such as roads.
(4)Zoning Classification. Land proposed for an MDP may not be located in designated resource lands.
(5)Fully Contained Community (FCC). Any proposed FCC shall include an application for an MDP.
(Ord. 0 1-08 (part), 2008: Ord. 1 12-06 (part), 2006).
(Ord. No. 09-17, Attach. A, 3-17-2017)
17.70.015 Submittal and review requirements.
(a) Initial Submittal Requirements. An MDP shall be prepared in a clear and legible manner necessary
to demonstrate that the requirements of this code are being fulfilled and shall include but not be
limited to the following:
(1) Plans and Maps. All maps or plans submitted shall be submitted electronically en4e4,erg-e
inches. All maps shall include the name
of the proposal; north arrow; scale; date map was prepared and revisions when applicable; a
vicinity map; and the name, address, and phone number of the applicant. If plans are
presented on more than one sheet, match lines shall clearly indicate where the several sheets
join. One eleven by seventeen-inch reduction of all plans and supporting graphics shall also be
submitted. A plan or portion thereof involving engineering, architecture, landscape architecture,
or land surveying shall be respectively certified by an engineer, architect, landscape architect,
or land surveyor licensed by the state of Washington to practice as such. The sheet size and
scale of any plan may be modified by the director, based on the nature and/or size of the
application. In addition, the submission requirements for any modifications to an approved MDP
shall be those requirements deemed necessary for a review of such modification, as determined
by the director.
25
(20) Planned Uses and Functions Within the Boundaries of the MDP. Including the density or intensity
of proposed uses and the maximum height and size of the proposed structures. This information
shall be keyed to a supporting concept map for easy reference. A chart providing the following
information shall include the following:
(A) Maximum number of dwelling units by type (e.g., single-family attached, single fefflily
detached, cottage housing, duplex, townhouse, etc.);
(B) Maximum total square feet of building floor area proposed for commercial or industrial uses
by general type of use;
(C) Maximum total land area, expressed in acres or square feet and as a percent of the total
development area, proposed to be devoted to residential, commercial, or industrial uses;
minimum public and private open space; streets; and, off-street parking and loading areas.
Land area and square feet may be expressed as a range (minimum and maximum ranges);
(D) Maximum total land area expressed in acres and as a percent of the total development area
(and by phase), proposed to be in pervious and impervious surface.
(29) GptieAdditional Elements.
(A) Concept landscaping plan.
(B) Concept lighting plan.
(C) Project signage plan.
(D) Plans showing building orientation, massing, and footprints.
(E) Features unique to commercial and industrial sites if applicable, such as security measures,
loading, and material storage.
(b) Review Criteria. MDPs must demonstrate compliance with the applicable goals and policies of the
comprehensive plan and detail the source and adequacy of water, wastewater treatment,
stormwater treatment, surface and groundwater protection, critical area protection, fire control,
transportation, and mitigation on adjacent properties to compensate for direct impacts from traffic,
noise, fugitive dust, odor, and runoff. Compliance with these review criteria shall entitle the applicant
to a residential density bonus not to exceed the maximum residential density bonus allowed within
the underlying zoning district. An applicant satisfies the conceptual plan requirements of this chapter
if the plan demonstrates that the proposed concept is feasible. In most circumstances, detailed
engineering studies are not required to demonstrate feasibility. The burden of proof is on the
applicant to demonstrate the proposed MDP is consistent with the following criteria.
(2) Uses and Density.
(A) An MDP may only contain uses that are permitted in the zone(s) in which it is located.
(B) When an MDP is located in more than one zoning district, uses and density may shift between
zoning districts within the boundaries of the MDP if that transfer does not:
(i) Exceed the maximum density of the zones; and
(ii) Transfer density from inside the urban area to outside the urban area.
(C) Bonus Density. The county board of commissioners, or hearing examiner in the case of Belfair,
may approve a bonus in the number of dwelling units allowed up to the maximum residential
density allowed in the Mason County Code, based on the gross land area of the property, if:
(i) For Rural Areas. The applicant may request a bonus in the number of dwelling units
26
permitted by the underlying land use district, up to the density permitted by a
performance subdivision in rural areas (see Mason County Code Section
17.03.032(a),Chapter 16.21,). Notwithstanding any other provision of Titles 16 and 17,
the applicant may obtain such bonus density by means of approval of the MDP, and may
subdivide consistently with such MDP by means of a standard subdivision, without
approval of a performance subdivision.
(ii) For Urban Areas. The applicant may request a density bonus of up to one unit/gross acre
for each five percent increase in the total minimum required open space.
(iii) Bonus Decision Criteria. The county board of commissioners, or hearing examiner in the
case of Belfair, may approve a bonus in the number of dwelling units allowed up to the
maximum residential density allowed in Mason County Code, based on the gross land
area of the property, if:
a. The design of the development offsets the impact of the increase in density due to
provision of privacy, open space, landscaping, and other amenities; or
b. The increase in density is compatible with existing uses in the immediate vicinity of the
subject property.
c. If no density is transferred from within the urban area to outside the urban area.
(4) Site/Building Design. Development shall demonstrate high quality architectural design and
thoughtful placement of structures in relation to the natural and built environment.
(A) Siting of all development shall avoid the following:
(i) Interruption of scenic views and vistas from public rights-of-way, parks, and other publicly
owned lands;
(ii) Construction on hill tops or ridgelines without consideration of building massing, visibility
and the inclusion of public spaces;
(iii) Direet Unconsolidated access points from indayidual multiple parcels onto exist+n-pub4ie
we-ys tate routes or county arterials and collectors unless no alternative is possible;
(iv) A predominant "linear" configuration of common open space (except when following a
linear site feature such as a watercourse or shoreline);
(v) Creation of a "gated" community.
(5) Common Open Space. A common open space designated on the master development plan is
area permanently restricted from future residential development. Common open space is land
that meets the following standards:
(A) Urban Growth Areas. Minimum common open space for master development plans located
within an urban growth area.
(i) Common open space shall be predominately located in large contiguous, undivided areas,
with no dimensions less than thirty feet.
(ii) Critical areas may be located within the common open space, provided no more than
twenty percent of the common open space areas are designated critical areas, and the
critical areas and their buffers account for no more than forty percent of the common open
space. Signage and/or fencing may be required to protect and/or delineate the critical
area.
(iii) The minimum common open space shall be concentrated in large usable areas.
27
(iv) Single-Family Residential. Residential developments shall provide a minimum area of
common space or recreation area equal to one hundred square feet per unit.
(v) Attached Residential Units. Attached housing developments shall provide a minimum area
of common space or recreation area equal to two hundred square feet per unit.
(vi) Common open space shall be accessible by all residents and employees of the MDP for
passive recreation and enjoyment.
(6) Private Open Space for Master Development Plans within Urban Growth Areas. Each
residential unit in the MDP shall have usable private open space (in addition to parking,
storage space, lobbies, and corridors) for the exclusive use of the occupants of that unit. Each
ground floor unit, whether attached or detached, shall have private open space, which is
contiguous to the unit and shall be an area of at least twenty percent of the gross square
footage of the associated dwelling units. The private open space shall be well demarcated and
at least ten feet in every dimension. Decks on upper floors
are allowed for those units. For dwelling units that are exclusively
upper story units, there shall be deck areas totaling at least sixty square feet in size with no
dimension less than five feet. This upper story provision is inapplicable to el4eehed-detached
residential units. Where the underlying zoning district has specific open space requirements
those shall supersede these in this paragraph.
17.70.016 - Process.
(a)Permit Process. MDPs shall be reviewed under a Type IV permit procedure provided in the Belfair
UGA the permit type shall be Type III. A complete MDP application together with all required materials
listed in Section 17.70.015(a) and (b) shall be submitted to the director prior to review and after and a
pre-application meeting with county staff has been held.
(b)Complete Application. An application is complete for purposes of this section when it meets the
submittal requirements established by the county, is accompanied by payment of all required fees and is
sufficient for continued processing even though additional information may be required or project
modifications may be undertaken subsequently. The determination of completeness shall not preclude the
county from requesting additional information or studies either at the time of the notice of completeness
or subsequently, if new information is required to complete review of the application or substantial
changes in the permit application are proposed.
A valid and complete application for an MDP that is permitted under the zoning or other land use control
ordinances in effect on the date of the application shall be considered under the land use regulations in
effect on the date of such valid and complete MDP application.
(c) SEPA Threshold Determination. An application for an MDP shall not be considered complete unless
it is accompanied by the appropriate State Environmental Policy Act (SEPA) document in accordance with
all procedural requirements of Chapter 43.21 c RCW, SEPA, administrative regulations adopted to
implement SEPA, and the Mason County Environmental Policy Ordinance 99-84, or as hereafter
amended.
Applicants shall prepare SEPA analysis that addresses the MDP as a whole for the requested build-
out period, and may address to a greater detail one or more early phases. The SEPA document for an
MDP shall analyze a range of uses and impacts within the project envelope, i.e., development
28
assumptions and parameters including but not limited to areas of clearing and pavement, building
heights, traffic trips, etc. As such, much of the development proposed in any subsequent ISD plan
application will most likely have been addressed in the MDP SEPA document.
In the Belfair UGA the applicant will submit a SEPA checklist for purposes of determining consistency
with the Planned Action Ordinance If the proposal is consistent no further SEPA review will be required.
(d)Referral and Comment.
(1)County Review. Upon receipt of a complete application, the county will assign a planner to coordinate
the review and processing of the MDP application. The complete application shall be circulated to the
appropriate county staff and other agencies with jurisdiction as necessary.
(2)Third-Party Review. The county may require third-party review in cases where additional professional
or technical expertise is required. The cost of any third-party review will be the responsibility of the
applicant.
(e)Development Agreement. For master plans requiring Type IV permit review, the applicant shall
prepare a development agreement for county review and approval, in accordance with RCW
36.170B.170 through 210.
(f)Public Notice and Hearing. Upon receipt of a complete application for a master development plan or
amendment, notice of application, public meetings, and hearings shall be given consistent with MCC
Chapter 15.07.
(g)Cancellation of Master Development Plan Applications. Applications for an MDP and approvals may
be canceled for inactivity if an applicant fails to respond to the county's written request for revisions,
corrections, or additional information within ninety days of the request. The director may extend the
response period beyond ninety days if within that extended time period the applicant provides and
subsequently adheres to an approved schedule with specific target dates for submitting the full revisions,
corrections, or other information needed by the county.
(h)Planning Advisory Committee Review. The planning advisory committee shall hold a public meeting to
hear public testimony and make a written recommendation on the proposed MDP to the county board of
commissioners, whether to approve, approve in modified form, or deny the proposed MDP or
amendment, based on the findings in Section 17.70.017, provided that in the Belfair UGA the permit
review process shall be consistent with a Type III permit review.
(i)Board of County Commissioner Review and Action. Pursuant to MCC Section 15.09.060, the county
board of commissioners will hold a public hearing to hear public testimony and consider the
recommendation of the planning advisory committee. The board of county commissioners may approve,
approve with modifications or deny the proposed MDP or amendment, based on findings contained in
Section 17.70.017. The approved plan shall be recorded and may be amended more than once if the
applicant, developer and/or successor in interest and the board of county commissioners agree. In the
case of the Belfair UGA the permit review process shall follow a Type III process, and the hearing
examiner may approve, approve with modifications or deny the proposed MDP or amendment, based
on findings contained in Section 17.70.017.
(Ord. 01-08 (part), 2008: Ord. 1 12-06 (part), 2006).
29
17.70.017 - Decision.
(a)Findings. The board of county commissioners, or in the case of the Belfair UGA the hearing examiner,
may approve an MDP or amendment only if all of the following findings of fact can be made in a
positive manner:
(I)The MDP is consistent with and promotes the goals and policies of the comprehensive plan and
any applicable sub-area plan.
(2)The proposed MDP adequately addresses the applicable review criteria in Section
17.70.015(b).
(3)The MDP and handbook provide adequate guidance for the design, development and
coordination of future phases. The development standards contained in the MDP handbook serve
to protect the public health, safety and general welfare.
(4)The MDP adequately addresses the physical development characteristics of the proposed
development area.
(5)Proposed on- and off-site public and private improvements shall be sufficient to accommodate
the proposed phased development and any capacity requirements of public facilities plans;
provisions shall be made to assure that construction of off-site improvements occur in conjunction
with a schedule of the phasing.
(6)The MDP is consistent with all applicable requirements of state and federal law.
(7)Physical features, including but not limited to, critical areas, surface and groundwater,
significant clusters of trees and shrubs, riparian areas, open spaces, and areas of historic and
archaeological significance are protected as specified by Mason County Code or in state or
federal law.
(8)Local public facility plans and transportation plans shall not be significantly adversely
impacted by the proposed development and mitigation is provided to ensure attainment of
county or service provider standards.
(b)Rural Lands. In addition to the finding listed above in subsection (a), in rural areas the county must
make the following findings:
(1)MDPs in rural areas shall not require the provision of municipal sewers.
(2)ln rural areas, on-site public services or facilities are limited to the land area within the MDP
and are not available to spur growth outside the MDP.
(c)Fully Contained Communities (FCCs). In addition to the findings listed above in subsection (a),
findings for new, fully contained communities are as outlined in RCW 36.70A.350.
(I)Infrastructure, including transportation, wastewater disposal, water service, school, fire, and
public safety must be capable of meeting demand, as it occurs in the FCC. A voluntary agreement
may substitute for construction of necessary improvements to meet adequacy requirements, if local
service providers approve in writing and the program is adopted into the approved MDP as a
condition of approval.
(2)The MDP identifies and provides for internal and external links to implement transit-oriented
site planning and traffic demand management programs. The MDP shall identify how such
30
programs are implemented and conform to regional transportation plans.
(3)The MDP shall identify and develop buffers to separate the MDP community from potentially
incompatible but lawful uses, and from adjoining urban development, if any, or rural
development.
(4)The MDP shall provide a phasing plan to include a mix of uses within the community to provide
jobs, housing, and services to the residents of the new community. The phasing plan shall provide
assurance that the community will develop with a balance of residential, commercial, and other
uses.
(5)The MDP shall provide affordable housing for a broad range of income levels, which may
include a mix of residential uses such as attached and detached single-family units; accessory
dwelling units; duplexes, triplexes, and fourplexes; townhouses; cottages; and multifamily; as well
as senior housing, including assisted living, congregate, and long-term care facilities.
(b)The environmental documents shall identify and designate on-site, and off-site to the extent
necessary, all environmental considerations, and specifically but not limited to all critical areas
that may be affected by the proposed development, and the steps taken to avoid or minimize the
impact to the extent possible, and to mitigate the potential impacts where such impacts are
unavoidable. The MDP shall contain a specific section addressing critical areas and shall provide
covenants within the community assuring critical area protection as required by the county critical
area regulations.
(7)The water and wastewater facilities developed for the MDP shall not be used or available
outside the boundaries of the fully contained community to assure that the new community will not
foster urban growth outside the boundaries of the approved site. The county may establish other
specific limitations through the MDP review process to assure that such urban development does
not occur.
(8)The MDP shall identify resource lands in the vicinity of the community that may be affected by
the community and identify mechanisms by which such resource lands, and the activities thereon,
are to be protected so as not to not diminish the productivity of the resource land, nor render
more difficult or expensive the resource activity, including planting, maintaining, harvesting,
extraction processing, and transportation, as appropriate on designated resource lands.
(9)Development in proposed fully planned communities shall be limited to uses permitted in
remote rural lands until the MDP is approved as provided in this section.
(d)For MDP Amendments Only. In a case of an MDP amendment, the following additional finding
shall be made before its approval: The proposed amendment to the MDP is consistent with the
purpose and intent of the MDP it is amending.
(e)Approval. In making a decision to approve an MDP, the board of county commissioners, or the
hearing examiner in the case of the Belfair UGA, may add conditions of approval as may be
necessary to assure that the proposal will comply with the criteria for approval. Upon approval,
the MDP as conditioned must be recorded, and all future development must show consistency with
or be found to exceed those in the approved MDP.
(f)Denial. If the board of county commissioners, or the hearing examiner in the case of the Belfair
UGA, finds that the proposed MDP does not substantially comply with the criteria for approval, it
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may deny the proposal.
(Ord. 01-08 (part), 2008: Ord. 1 12-06 (part), 2006).
17.70.022 Amendments/modifications to the MDP and schedule.
Once the board of county commissioners, or the hearing examiner in the case of the Belfair UGA,
has approved an MDP, it shall not be altered except by approved amendments. Amendments or
modifications to the approved MDP must be processed under the applicable procedures described
below:
(1) Minor Departures. Modifications that do not affect the basic underlying assumptions of the
adopted MDP and which are not determined to be similar to subsection (2) or (3) below shall
be processed as ministerial decisions (Type 1) decisions by the director. This determination is
made after consulting with the appropriate staff from the community development and public
works to confirm that the proposed modification is not substantial enough to constitute a change
to the purpose and intent of the MDP.
(2) Minor Modifications. Modifications that are significant but do not affect the basic underlying
assumptions of the approved MDP shall be processed under a Type II-with notice procedure.
Changes may include the following:
(A) Request by applicant for a change of density allocation within the density range allowed
within the approved MDP or consistent with subsequently adopted land use decisions or
rezones that have undergone State Environmental Policy Act review;
(B) Request by the applicant for a change to the alignment or design features of local street
right-of-way;
(C) Request by the applicant, county, or other public agency to the sizes or location of public
facilities;
(D) Request by the applicant for change of scheduled phasing beyond the approved time limit for
the phased development when the proposed change affects the construction of scheduled
public improvements;
(E) Requests for MDP amendments initiated by the county based on the requirement to implement
newly adopted state or federal regulations;
(F) Other changes to the final approved MDP as requested by the applicant that the director
determines to be similar to the modifications set forth in this subsection.
(3) Major Modifications. Modifications which affect the underlying basic assumptions of the
approved MDP or that prohibit, restrict or significantly affect its implementation shall be
processed as a Type III-V and include:
(A) Requests for realignment or redesignation of arterial or collector streets initiated by the
applicant;
(B) Inability of the county or the applicant to provide essential public infrastructure, upon which
approval of the MDP was granted;
(C) Requests for MDP amendments initiated by the county, based on the requirement to implement
new adopted state or federal regulations, or if determined necessary by the county for
protection of public health and safety;
(D) A request by the applicant to alter critical areas, natural features, open space areas, and
cultural resources beyond the scope of the approved MDP and handbook in a manner that
would adversely impact critical area functions and values.
(E) A request by the applicant for the extension of the time limit of the MDP beyond the
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approved time limit specified in Section 17.70.023, but in no case shall the extension exceed
thirty years from the original MDP approval date.
(F) Other changes to the final approved MDP as requested by the applicant that the director
determines to be similar to the modifications set forth in this subsection.
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