MASON COUNTY DEVELOPMENT REGULATIONS AMENDMENTS TO TITLE 16, PLATS AND SUBDIVISIONS CHAPTERS AND 16.21

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1 MASON COUNTY DEVELOPMENT REGULATIONS AMENDMENTS TO TITLE 16, PLATS AND SUBDIVISIONS CHAPTERS AND STAFF CONTACT Barbara A. Adkins, AICP, Director Department of Community Development 426 W. Cedar Street Shelton, WA (360) , ext. 286 APPLICANT Green Diamond Resource Company Rhonda Scott Brewer, Project Manager 1301 Fifth Avenue, Suite 2700 Seattle, WA SUMMARY OF PROPOSAL: Mason County received an application for text amendment from Green Diamond Resource Company on March 25, The requested amendments include two revisions to Title 16, Plats and Subdivisions, specifically amending Chapter 16.08, Section as follows: ADOPTED VERSION: Cluster. A grouping of house lots within a subdivision, separated from other clusters by open space. For the purposes of this Title, a cluster in a rural area: (1) shall not exceed eight (8) house lots; (2) shall establish an open space separation between clusters of at least 100 feet in width; and (3) shall have not more than four clusters of house lots in any development PROPOSED VERSION: Cluster. A grouping of house lots within a subdivision, other than a performance subdivision, separated from other clusters by open space. For the purposes of this Title, a cluster in a rural area: (1) shall not exceed eight (8) house lots; (2) shall establish an open space separation between clusters of at least 100 feet in width; and (3) shall have not more than four clusters of house lots in any development Barbara Adkins Page

2 And Chapter by adding a new section to read: PROPOSED AMENDMENT [NEW LANGUAGE] Non-Contiguous Open Space. The open space required by this chapter may be provide by a non-contiguous parcel, and density, including bonus density, may be transferred from such non-contiguous, open space parcel to one or more performance subdivisions, so long as such use of the non-contiguous parcel for open space is approved by the Board of Commissioners by Development Agreement pursuant to RCW 36.70B , and so long as the approval is consistent with the following criteria: (a) The non-contiguous open space parcel may be used to satisfy all or part of the open space requirements of this chapter for one or more performance subdivisions, so long as the overall density of the performance subdivision(s) does not exceed the density that would be permitted by this code if the open space parcel and the performance subdivisions were contiguous and developed as a signal performance subdivision. (b) The Development Agreement may modify other requirements of this chapter, except that the non-contiguous open space must be protected and maintained as required by Section (c) There must be pedestrian access between the performance subdivision(s) and the non-contiguous open space, such as by a trail secured by an access easement over intervening property. (d) The Board of Commissioners may conduct the hearing required by RCW 36.70B.200, or may direct the Hearings Examiner to conduct the required hearing at the same time that the Hearings Examiner conducts the hearing on the application for preliminary subdivision approval. The Board of Commissioners may approve the Development Agreement prior to the Hearings Examiner s decision on a preliminary subdivision, or the Hearings Examiner may grant preliminary approval of a subdivision conditioned upon subsequent approval of a Development Agreement by the Board of Commissioners. (e) The Development Agreement shall be recorded as required by RCW 36.70B.190. BACKGROUND/DISCUSSION The Applicant submitted with their Application a letter dated March 4, 2014 as their rationale for the proposed changes (Attachment A). AMEND CHAPTER (DEFINITIONS), SECTION (CLUSTER) Justification for the amendments to Section suggests errors and omissions on the part of the County, as well as existing code language that may fall short of the County s obligations under the Growth Management Act. The March 4 th letter describes conceptual plans for several future Barbara Adkins Page

3 Performance Subdivisions on a 1,883 acre site for as many as 289 lots. As written, the current definition of cluster if applied to performance subdivisions could impact that development and reduce the lots to only 32. Because of this, it is the Applicant s contention that this language will result in an overall unintended limit on growth potential within the County. The issue for consideration by the Commissioner is specifically the application of clustering, as defined, to performance subdivisions. Performance and Clustered Subdivisions are both mechanisms prescribed within the County's development code to achieve the intent of performance districts. Rural residential areas are considered performance districts in the Land Use chapter of Comprehensive Plan 1. Performance districts are described in Chapter IV, pages 65 and 66, as providing an organizing structure... for accomplishing the goals and objectives of the Comprehensive Plan. Each performance district is intended to achieve a distinct function and may allow for a variety of uses that are consistent with that function. In addition, each performance district has a set of performance standards with which development must comply and which ensure that the goals of the plan are met within the district. Several classifications of rural performance districts are provided in the plan. They include... Rural Area[s]... with residential densities of 1 unit per 5, 10, or 20 acres. The subdivision process provides opportunities that achieve these goals through certain development criteria, such as those associated with Clustered and Performance subdivisions. Section suggests Performance Subdivisions as an avenue that would allow additional residential density in the development areas provided certain design and performance criteria are met. A Cluster Subdivision, described in Section 16.23, permits a reduction in minimum lot area and bulk requirements, provided that there is no increase in the number of lots permitted. Both sections require primary and secondary conservation areas, and both have open space criteria and site design standards. Neither of them describes exclusively how this is to be done, and neither of them specifically addresses clustering. ADD SECTION (NON-CONTIGUOUS OPEN SPACE), TO CHAPTER (PERFORMANCE SUBDIVISIONS) Applicant s request also includes the addition of a new section to Chapter that would allow flexibility in the performance subdivision requirements by transferring requisite open space to a location separate from the subject residential development. Through a development agreement process, some performance subdivisions could be permitted to meet the open space requirement utilizing areas that are not contiguous to the development. The request, in sum, allows...the required open space to be placed in a separate parcel that does not have to abut each subdivided parcel so long as the open space will be close enough to be physically 1 Performance Districts are areas in which a variety of development options are allowed if they are consistent with the purpose of the district. Barbara Adkins Page

4 and legally connected by pedestrian access (for example by a trail within an access easement), which will make the open space useable by the residents of the new lots. Both performance and cluster subdivisions have an open space element. They encourage that the open space have an interconnection with designated open space on abutting properties and that it provide direct access from as many lots as possible within the development. These criterions would be unachievable if the open space was not abutting, as much as possible, the properties for which it was created. A walking path or trail to an off site open space could be considered access ; however it may not give the resident much opportunity for a scenic view 2. The site design standards within the performance subdivision regulations specifically state that houses should be sited as to avoid situations that impede views and access to open space. Having open space associated with a subdivision that does not abut, as much as possible, the residences it serves could also impact property values 3. PLANNING ADVISORY COMMISSION In accordance with RCW , a public hearing was held on June 2, 2014 with the Planning Advisory Commission. The planning commission conducts such hearings as are required by the RCW and makes findings and conclusions therefrom. Such recommendations are transmitted to the Board of County Commissioners for final action. AMEND CHAPTER (DEFINITIONS), SECTION (CLUSTER) The Applicant submitted a letter dated May 19, 2014 to the Planning Commission subsequent to the release of Staff s Report, but in advance of the public hearing (Attachment B). The letter provides a third alternative to those discussed earlier in this report, which reads as follows: Cluster. A grouping of house lots within a subdivision, separated from other clusters by open space. For the purposes of this Title, a cluster in a rural area: (1) shall not exceed eight (8) house lots; (2) shall establish an open space separation between clusters of at least 100 feet in width; and (3) shall have not more than four clusters of house lots in any development This option deletes the limitation of four clusters of house lots in any development, thereby relieving this requirement from any application of the definition. Of the their options presented, the first being a no-action option, the Planning Commission ultimately voted unanimously to recommend the original Site design standards. The siting of house lots should avoid the following: (a) Interruption of scenic views and vistas; (b)construction on hill tops or ridge lines; (c)direct access or frontage on existing public ways; (d)a "linear" configuration of open space (except when following a linear site feature, such as a river, creek or stream). 3 Open space land is valuable to the community for a number of reasons. It can provide recreational opportunities, it is aesthetically pleasing, it enhances the quality of life in urban areas, and it increases property values. (Chapter IV, Page 57, Mason County Comprehensive Plan 2005) Barbara Adkins Page

5 amendment as provided in the application. This proposal leaves the definition in tact, and simply removes its applicability to performance subdivisions ADD SECTION (NON-CONTIGUOUS OPEN SPACE), TO CHAPTER (PERFORMANCE SUBDIVISIONS) Applicant s letter of May 19, 2014 provides additional support for the proposed addition to Chapter that would allow for non-contiguous open space. Specific to comments contained within the Staff Report, the letter counters Staff s position by reiterating the County s role in the subdivision approval process. The Planning Commission considered all the information provided and voted unanimously to recommend adoption of the applicant s proposal as presented. COMMISSIONER BRIEFING POINTS OF CLARIFICATION The Board of County Commissioners received an initial briefing on these topics on June 16, Staff provided an abridged overview of the proposals and addressed preliminary questions and concerns. The following are summarized Points of Clarification: What is a Performance Subdivision. A subdivision in which the applicant seeks to gain additional residential density by designing the proposed development in a manner which recognizes and preserves those land elements which are deemed by this chapter to be worthy of protection. 4 Performance subdivisions are not permitted within long-term commercial forests, mineral resource areas, or working rural areas. 5 No lot for which the construction of a residential dwelling is proposed shall be less than twenty thousand square feet in gross land area. 6 The minimum threshold for qualification as a performance subdivision is that at least fifty percent of the buildable area of the property be set aside as permanent open space. At least twenty-five percent of the minimum required open space shall be suitable for active recreation purposes, but no more than fifty percent shall be utilized for that purpose, in order to preserve a reasonable proportion of natural areas on the site. Upon reaching this threshold, the applicant shall be entitled to a density bonus equal to fifty percent of the difference between the standard residential density and the maximum residential density allowed within the particular development area. 7 Why are the issues surrounding the definition of Cluster. As described in correspondence from Green Diamond, the application of cluster as defined in Title 16, if universally applied, could have unintended negative impacts on some future subdivision proposals. The origin of the definition can be traced back to a 1996 Finding of Invalidity by the Growth Management Hearings Board on the County s Development Regulations. As a result, a moratorium was placed on commercial development and subdivisions that was not resolved until December of Included in the original findings regarding subdivisions was the number of lots allowed in a cluster as potentially leading to urban density levels. Ultimately, a 4 MCC MCC MCC MCC Barbara Adkins Page

6 package of updates that included a cap to the number of lots in a cluster to 8, and the number of clusters in a subdivision at 4, was accepted by the Hearings Board and the finding of invalidity was rescinded. Recent discussions with Green Diamond in light of this history and the current definition of cluster have brought into question the Commissioners intent during those proceedings and its appropriateness today. It is Staff s position that the application of the definition is unclear, at best, and Commissioner interpretation is needed. Would limiting the distance a subdivision and its associated open space be plausible? Green Diamond s proposal allows for a non-contiguous open space option in performance subdivisions by Development Agreement and at the Commissioners discretion. There was some hesitation during initial Commissioner discussions as to whether or not parameters would be appropriate with respect to the proximity of open space to residential lots. Without limits, future application of this amendment could result in the location of open space areas beyond a reasonable distance from their associated residential lots. Staff was asked to propose language for the Board s consideration to address this issue. Public Notice. As a legislative action, code amendments are posted and published in accordance with MCC , and are not required to be mailed to individual property owners. Commissioners discussions put forth a request that Staff go beyond what is requisite by creating a Press Release. This would be intended for media distribution and to reach a larger audience of County residents. WASHINGTON DEPARTMENT OF COMMERCE PROCEDURAL REVIEW Under the Growth Management Act, RCW 36.70A.106 requires each county amending its comprehensive plan or development regulations notify the Washington Department of Commerce sixtydays prior to adoption. Mason County has met this requirement as provided in Attachment C. PUBLIC NOTIFICATION A list of interested parties has been maintained by staff to ensure that notifications of public meetings and comment periods are addressed specifically to those individuals. All public meeting notices will be mailed to all parties of interest and posted in accordance with MCC SUMMARY AND RECOMMENDATION Staff supports the recommendations of the Planning Advisory Commission discussed above, and would ask the Board of County Commissioners to consideration adoption of the Ordinance. Barbara Adkins Page

7 ORDINANCE NUMBER AN ORDINANCE AMENDING TITLE 16 OF THE MASON COUNTY CODE REVISING SECTION (definition of cluster ) AND ADDING section allowing non-contiguous open space for performance subdivisions AN ORDINANCE amending Title 16 of the Mason County Code under the authority of Chapter and 36.70A RCW. WHEREAS, this Ordinance amends Title 16 to revise Section to except performance subdivisions from the definition of Cluster, and; WHEREAS, this Ordinance amends Chapter to include new Section permitting noncontiguous open space, if approved by the Board of County Commissioners, as satisfying the requirements for a performance subdivision ; and WHEREAS, the Mason County Planning Advisory Commission conducted a public hearing on June 2, 2014 and recommend adoption of amendments by the Commissioners; and NOW THEREFORE, BE IT HEREBY ORDAINED, that the Board of Commissioners of Mason County hereby amends the Mason County Code Title 16 (Plats and Subdivision), revising Section and adding Section (See Attachment A) DATED this day of ATTEST: Clerk of the Board APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Terri Jeffreys, Chair Tim Sheldon, Commissioner Tim Whitehead, Chief DPA Randy Neatherlin, Commissioner

8 Title 16 Plats and Subdivisions [Amendment] Chapter 16.08, Section [New] Chapter 16.21, New Section Chapter Definitions Cluster. A grouping of house lots within a subdivision, other than a performance subdivision, separated from other clusters by open space. For the purposes of this Title, a cluster in a rural area: (1) shall not exceed eight (8) house lots; (2) shall establish an open space separation between clusters of at least 100 feet in width; and (3) shall have not more than four clusters of house lots in any development Chapter performance subdivisions [new] Non-Contiguous Open Space. The open space required by this chapter may be provide by a non-contiguous parcel, and density, including bonus density, may be transferred from such noncontiguous, open space parcel to one or more performance subdivisions, so long as such use of the noncontiguous parcel for open space is approved by the Board of Commissioners by Development Agreement pursuant to RCW 36.70B , and so long as the approval is consistent with the following criteria: (a) The non-contiguous open space parcel may be used to satisfy all or part of the open space requirements of this chapter for one or more performance subdivisions, so long as the overall density of the performance subdivision(s) does not exceed the density that would be permitted by this code if the open space parcel and the performance subdivisions were contiguous and developed as a signal performance subdivision. (b) The Development Agreement may modify other requirements of this chapter, except that the non-contiguous open space must be protected and maintained as required by Section (c) There must be pedestrian access between the performance subdivision(s) and the noncontiguous open space, such as by a trail secured by an access easement over intervening property. (d) That pedestrian access between the performance subdivision and the non-contiguous open shall not exceed one quarter (1/4) mile or one thousand three hundred twenty (1,320) feet as measured from the parcel boundary of the furthest residential lot. (e) The Board of Commissioners may conduct the hearing required by RCW 36.70B.200, or may direct the Hearings Examiner to conduct the required hearing at the same time that the Hearings Examiner conducts the hearing on the application for preliminary subdivision approval. The Board of Commissioners may approve the Development Agreement prior to the Hearings Examiner s decision on a preliminary subdivision, or the Hearings Examiner may grant preliminary approval of a subdivision conditioned upon subsequent approval of a Development Agreement by the Board of Commissioners. (e) The Development Agreement shall be recorded as required by RCW 36.70B.190.