A master development plan (MDP) allows the phased development of a specific tract of land over several years. By addressing public service impacts and development requirements at the time of approving an MDP, such impacts and requirements need not be readdressed in subsequent phases. This approach allows the developer to rely on the MDP approval to implement future development and results in certainty for neighboring property owners and residents. An MDP allows flexibility in standards through the modification of some development standards in the underlying zoning district(s) while still meeting the intent of the comprehensive plan, sub-area plans, and development code. The primary purposes for an MDP are listed below:

(1)

To further the goals and policies of the comprehensive plan and any applicable sub-area plans;

(2)

To allow for greater flexibility and creativity in the design of large-scale developments;

(3)

To provide preliminary approval for the entire development area (tract) in relation to land uses, a range of minimum to maximum potential intensities and densities, arrangement of uses, and the location of public facilities and transportation systems when an area is proposed to be developed in phases;

(4)

To assure that individual phases of a development will be coordinated with each other;

(5)

To encourage the permanent preservation of open space, wildlife habitat, riparian corridors, and other critical areas, including aquifer recharge areas, geologically hazardous areas, wetlands, frequently flooded areas, watercourses, lakes, and cultural resources in a manner that is consistent with Mason County's comprehensive plan and master trail plan;

(6)

To encourage a less sprawling and more efficient form of development that consumes less land and conforms to existing topography and natural features better than a conventional development;

(7)

To minimize the total amount of disturbance on the site;

(8)

To facilitate the implementation of low impact development techniques, which protect the community's natural, predevelopment water flow in order to minimize the ecological impacts of development;

(9)

To facilitate the construction and maintenance of housing, commercial development, streets, utilities, and public services in a more economic and efficient manner;

(10)

To preserve and enhance the community character;

(11)

To protect water quality and supplies;

(12)

To provide for a diversified housing stock;

(13)

To provide the owner/developer an assurance of the county's expectation for the overall development as a basis for detailed, long-range planning and investment by the owner/developer.

The approved MDP shall be the basis for the evaluation of all phases of development on any issues that it addresses. Subject to prior approval of an MDP by the county, a separate implementing site development plan (MCC Chapter 17.71) application shall be submitted for each phase of development. Approval of implementing site development plans (ISD plans) shall be granted subject to the terms and conditions of the approved MDP, including the associated handbook but shall be subject to the most current applicable development code provisions and county ordinances on issues that the MDP does not address.

(Ord. 01-08 (part), 2008: Ord. 112-06 (part), 2006).

The MDP process may be initiated when the following criteria are met:

(1)

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 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. 01-08 (part), 2008: Ord. 112-06 (part), 2006).

(Ord. No. 09-17, Attach. A, 3-17-2017; Ord. No. 2022-014, Exh. B-2, 2-28-2022)

The regulations of the underlying land use district remain in place and other provisions of the county's code and development regulations shall apply unless specifically modified as allowed for in this chapter.

(1)

Codes and Regulations that May Be Modified.

(A)

In approving an MDP, the county may modify any of the development standards associated with lot size, width, depth, yard setbacks, landscaping, building height, floor area ratio (FAR) limits for non-residential development, road standards, and parking, except as listed in subsection (2) of this section. All modifications shall be considered simultaneously as part of the master development plan review.

(B)

In approving an MDP in rural areas, the county may modify use standards to authorize attached residential housing and also commercial uses, including restaurants, retail sale of goods, and services, that are appropriate in scale to serve the MPD and the zoned density of residential communities in the immediate area or that share a common natural feature with the MPD, such as a lake. The MDP may designate an area not to exceed one acre for temporary commercial uses, including, but not limited to food trucks or seasonal outdoor markets.

(C)

The applicant may request additional modifications from the requirements of Title 17, Zoning, except those listed in subsection (2) of this section. Approval for modifications other than those specifically described in subsection (1)(A) of this section shall be approved as allowed for in the code, prior to or concurrently with the submittal of the MDP application.

(2)

Codes and Regulations that May Not Be Modified.

(A)

Permitted Uses. Except as authorized in subsection 17.70.012(1)(B), an MDP may not authorize uses that are inconsistent with those allowed by the underlying zoning district(s), or other location restriction in the Mason County development regulations.

(B)

Development Density. The maximum density of a project is the sum of the maximum densities of the underlying parcels at the time of the MDP application, as determined pursuant to the provisions of Section 17.70.015(b)(2)(C), bonus density. For parcels within the mixed use (MU) zoning district of the Belfair urban growth area and the Village Commercial (VC) zoning district of the Allyn urban growth area, the MDP shall include a residential density ranging from three to fifteen units per acre for these portions of the proposed development.

(C)

Master Development Plan Regulations. The applicant may not request modifications of the provisions of this chapter.

(D)

Environmental Regulations. The applicant may not request to modify any provisions of the critical area regulations and/or shoreline master program (SMP) regulations, except such modifications as may be allowed by the application of criteria for exemptions, conditional use or variance applications contained in the critical area and/or SMP regulations. The applicant may request that the application for the MDP and applications for critical area or SMP exemptions, conditional use, or variance be reviewed consistent with RCW 36.70B and Section 15.05.010(A), which allows for the integrated review of development permits and the environmental review process to avoid duplication of the review processes.

(E)

Health Department Regulations. All development within an MDP shall be required to comply with Mason County health department regulations.

(3)

County Responsibility.

(A)

The county is not obligated to provide public improvements affecting the implementation of the MDP if public funds are not available.

(B)

The county is not required to approve development of any phase described in the MDP if such approval violates applicable federal or state laws or administrative rules.

(C)

Approval of the MDP shall ensure the applicant the right to proceed with development in substantial conformity with the MDP, subject to changes as may be approved pursuant to Section 17.70.022. Changes to ordinances, policies, and standards adopted after the date of recording the approved MDP shall not apply to the development, unless preempted by state or federal laws, or if determined necessary by the county for protection of public health and safety. The county reserves the right to address a serious threat to public health or safety.

(Ord. 01-08 (part), 2008: Ord. 112-06 (part), 2006).

(Ord. No. 09-17, Attach. A, 3-17-2017)

Applicants for MDP are encouraged to hold at least one neighborhood meeting in preparation of submitting a formal application for an MPD. Meetings or correspondence with the surrounding community serve the purpose of informing the community of the project proposal prior to the formal notice provided by the county. The applicant should consider outreach to neighborhood association(s), abutting property owners and occupants.

The intention of a community outreach meeting is to (1) initiate neighbor communication to identify issues and concerns early on; and (2) provide the applicant the opportunity to provide conceptual plans and concepts on the development of the MDP and identify, address, and mitigate neighbors' concerns prior to submitting their MDP application. A meeting summary may be included as part of the MDP application.

(Ord. 01-08 (part), 2008: Ord. 112-06 (part), 2006).

(a)

Pre-application Conference. Consistent with MCC Section 15.05.020, a pre-application conference shall be held with county staff in order for the applicant to become acquainted with the master development planning procedures and related county requirements and schedules. County staff will give preliminary feedback to the potential applicant based on the level of information provided by the applicant at the pre-application conference and will inform the applicant of issues or special requirements that may result from the proposal. The more information provided by the applicant for the pre-application conference, the more effective the comments from staff will be on the components of the proposed MDP.

(b)

Multiple Pre-application Meetings. The applicant may choose to enter into a formal voluntary agreement with county staff on a work plan with a negotiated timeline that allows the applicant and county staff to work together on specific concerns and issues associated with the proposed MDP over a series of pre-application meetings. The county may charge for staff time associated with these additional meetings.

(Ord. 01-08 (part), 2008: Ord. 112-06 (part), 2006).

(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. 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.

(2)

Title report (issued no more than thirty days prior to formal application) for all land located within the boundaries of the proposed MDP. The title report shall show all persons having an ownership interest in the property included in the MDP and a legal description that describes the exterior boundary of the MDP and lists all encumbrances affecting land within the MDP.

(3)

A statement that confirms the ownership or control of the land within the boundaries of the proposed MDP and the nature of the applicant's interest in the same and the owners. If the development area has multiple owners, then all owners of record shall have consented in writing to the MDP review process.

(4)

Projected population and analysis of anticipated impact of the development upon existing utilities and community facilities and services including but not limited to water, electricity, sewer and solid waste disposal, schools, parks, open space, trails, and police and fire protection. The analysis shall include how and when these impacts are being addressed by the MDP.

(5)

Report assessing adequacy of water supply to serve the proposed development.

(6)

A traffic impact report, including projected trip generation for the entire development and by phase. If needed a traffic impact mitigation plan for the entire development and by phase.

(7)

Vicinity map showing boundaries of the proposed MDP, existing zoning, and comprehensive plan land use designation for the development area and surrounding properties.

(8)

A title-verified survey of record depicting the legal boundaries of the subject property. All easements and other encumbrances listed in the title report shall be shown and labeled with the applicable recording number referenced in the title report.

(9)

Existing conditions and topography map (with a maximum contour interval of five feet) and narrative depicting present uses of the land, existing structures, roads, watercourses, significant vegetation, critical areas, wells, and other relevant natural and man-made features. On sites containing or abutting lakes or shorelines, the ordinary high water mark (OHWM) shall be shown.

(10)

MDP based on a recorded survey, showing the proposed location and type of all land uses (this may include the layout of lots, tracts, rights-of-way, and easements), approximate acreage and approximate number of units or square footage of uses, adjacent property uses, and other relevant features. All easements and other encumbrances listed in the title report shall be shown and labeled with the applicable recording number referenced in the title report. Any easement proposed to be extinguished shall be clearly identified on the MDP.

(11)

Separate but related public facilities plans showing: 1) existing and proposed streets, bicyclist and pedestrian ways, and transit locations. 2) utilities, sewer, natural and piped storm drainage systems, water service. Designation of responsibility for providing infrastructure and services shall be shown on the face of the plans. Conceptual plans shall address accessibility, circulation, and transportation impacts and needs. All related maps shall be of the same scale.

(12)

Conceptual grading and erosion control plans and provisions for restoration.

(13)

Preliminary design level maps and narrative showing off-site public improvements necessary to serve the proposed development and/or to mitigate impacts to adjacent property or public facilities. Where off-site or other infrastructure improvements are required, the applicant shall specify the timing and method of securing the improvements, including bond, letter of credit, or other security satisfactory for construction of said improvement.

(14)

A conceptual common open space management plan. For MDPs outside of UGAs, the common open space management plan shall identify recreation areas and conservation areas, including areas open to general public and/or limited to MDP residents.

(15)

A conceptual tree and vegetation retention and replanting plan.

(16)

A conceptual plan for water systems, sanitary sewer, stormwater management, flow control, and water quality treatment.

(17)

A conceptual mitigation plan (such as wetland compensation).

(18)

The director may require additional information necessary to evaluate the proposed development including but not limited to geology, soils, stormwater, and sewer.

SUPPLEMENTAL APPLICATION
REQUIREMENTS

MDP Handbook. The MDP shall be accompanied by a written report/handbook to be approved as part of the MDP addressing design guidelines and development standards demonstrating integration of low-impact development techniques, trails, open space, critical area protection, common areas, architectural design, building height, setbacks, lot coverage, construction materials, landscaping, screening, and buffering. The handbook may incorporate information listed above, but at a minimum shall include the following information, unless waived in advance through the preapplication process. The handbook should be organized in the sequence listed below unless a different organization and/or format is agreed to by the county during the preapplication process:

(19)

Timeline and Phasing of Development. An overall schedule and description of phasing, and the development to occur in each phase. If phasing alternatives are contemplated, these alternatives shall be described. This information should be keyed to a concept map for easy reference.

(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, 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.

(21)

Development standards that will be implemented in all phases of the MDP (e.g., architectural design; building height, location, [setbacks, yards and/or maximum lot coverage and orientation]; construction materials; common area development and maintenance; landscape programs including streetscapes and entry statements; and the incorporation of native plants in all landscaping, screening, and buffering). These standards should include the following:

(A)

Site planning standards (e.g., street image, setbacks, lot coverage, lot width, building orientation and placement, and parking location);

(B)

Architectural standards for compatibility and context. These standards should allow new buildings within the MDP to achieve a measure of variety and individuality but at the same time include provisions on how new construction will be in-scale and in harmony with the existing and planned development and landscaping. Standards should address building height, volume and massing and roof shape. Standards should provide guidance on design elements (such as architectural detailing, building and roof material, eaves, fenestration (size, proportion and location of windows on a wall), building modulation, signage, lighting) that are of human scale to create variety, interest and texture on new buildings;

(C)

Provisions for low impact development techniques throughout the MDP;

(D)

Landscaping standards including streetscapes, entrances, perimeter, parking lots, open space, recreation areas, and methods of screening and buffering, where incompatible land use configurations necessitates protection for the proposed development or surrounding development;

(E)

Provisions for the creation, use, and maintenance of open space, recreation areas, and preservation of scenic features of the land;

(F)

Specifications on how amenities are to be provided (such as pedestrian and bicycle ways, trails, common and private open space, recreational facilities, street lighting, and landscaping), including how low-impact development techniques will be incorporated into these amenities, where these amenities shall be located, and the timing of their placement and development;

(G)

Pedestrian and nonmotorized circulation standards;

(H)

Circulation and parking standards;

(I)

Signage program, in conformance with underlying regulations;

(J)

Miscellaneous. Including but not limited to provisions for the location and screening of trash and recycling enclosures, mailbox location(s), RV and boat storage, mechanical/electrical and storage areas, walls, recreation facilities, and other similar amenities.

(22)

Provide a conceptual plan that explains how roads, waste disposal, water supply, storm drainage, runoff control, fire protection, and utilities will be provided and the low impact development standards that will be implemented in their development, provide approximate timing and location. If applicable, indicate the closest sewer and community waterlines and their capacity to serve this development.

(23)

Circulation and Access Diagrams.

(A)

Access and connectivity to adjacent public lands and trails.

(B)

Provisions for pedestrian, bicycle and if applicable equestrian circulation throughout the development and connectivity with surrounding properties.

(24)

Provide a preliminary soil/geotechnical report prepared by a professional licensed with Washington State to perform this type of analysis as necessary, including conclusions and recommendation regarding grading, foundation design, and seismic and other geological hazards on the property.

(25)

Conceptual grading and erosion control plan, including a stormwater report consistent with the county's adopted stormwater management ordinance.

(26)

Provisions for Water Supply. Provide a conceptual plan on how new development will be served by an adequate public or private water supply system. Indicate the timing of installation of required water system improvements.

(27)

Conceptual sewer report.

(28)

Fire prevention measures and emergency vehicle access.

(29)

Additional 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.

(1)

Land Suitability.

(A)

No land shall be developed that is held to be unsuitable for any proposed use or if identified as development not permitted in a critical area pursuant to Chapter 8.52 (Mason County Resource Management). Areas identified as being critical areas include but are not limited to wetlands, aquifer recharge areas, frequently flooded areas, landslide hazard areas, seismic hazard areas, erosion hazard areas, and fish and wildlife habitat conservation areas.

(B)

Critical areas should be located in a tract or other permanent designation that indicates the land is not available for development. In any MDP not located within an urban growth area, critical areas and any required buffer or vegetation area may be included as common open space in an MDP pursuant to subsection (b)(5)(B)(ii) of this section.

(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 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.

(3)

Public Benefit. The master development plan must demonstrate that the proposed development will provide specifically identified benefits that clearly outweigh any adverse impacts or undesirable effects of the proposed MDP. These public benefits include but are not limited to:

(A)

Low Impact Development. Development within the MDP shall utilize low-impact development (LID) techniques that protect water quality, reduce stormwater runoff, reduce impervious surfaces, and preserve open space.

(B)

Critical Area and Shoreline Protection. The MDP protects critical areas and/or shoreline areas that would not be protected otherwise to the same degree as without the master development plan.

(C)

Natural Features. For projects outside an urban growth area, the MDP preserves and enhances natural features of the subject property such as clusters of, Madrona trees, rock outcroppings and non-critical area wildlife habitat not required under other county regulations.

(D)

Housing. Clustering of residential structures and use of other innovative housing styles (e.g., zero lot line development, cottage housing, townhouses) is encouraged in order to preserve existing site amenities such as lakes, native vegetation, trees, critical areas, and scenic vistas.

(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)

Unconsolidated access points from multiple parcels onto state 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.

(B)

Development standards within the MDP shall address the following:

(i)

When designing a new nonresidential building, consider other buildings in the area to determine whether there are opportunities to ensure harmony in the texture, lines and masses of the buildings.

(ii)

Building setbacks along streets should consider the setbacks of neighboring structures to allow for continuity among buildings and ensure visibility from the street.

(iii)

The size, scale, mass, character, and architectural design along the perimeter of the MDP shall incorporate a suitable transition to adjacent or abutting lower density/intensity zones. New development should consider the predominant character of the surrounding area and reinforce the positive architectural attributes, siting patterns of buildings, massing arrangements, and streetscape of the surrounding development.

(iv)

The orientation of nonresidential individual building sites shall maintain maximum natural topography and cover. Buildings should be oriented to enhance and protect views from within the site by considering topography, building location, mass, and style.

(v)

Incorporation of appropriately sized landscape buffers that provide transition and screening between adjoining properties and uses of different intensity.

(vi)

Materials used shall reduce the potential for light and glare.

(vii)

Coordinate site and building design throughout the MDP. Building within phases should be related by coordinated materials and roof styles, but contrast should be allowed through the incorporation of varied materials, architectural detailing, building orientation or housing type (e.g., cottage housing, accessory dwelling units, single-family detached and attached, townhouses).

(viii)

Incorporate well-designed open space and landscaping when clustering houses or separating building groupings to provide an appearance of openness and a reduction of impervious surfaces.

(ix)

Incorporate provision for internal privacy between dwelling units and external privacy for adjacent dwelling units. Each residential or mixed-use development should provide visual and acoustical privacy for dwelling units and surrounding properties. Fences, insulation, walkways, landscaping, and berms may be used as appropriate for the protection and aesthetic enhancement of the property; ensuring the privacy of the occupants and surrounding properties; and screening of storage, mechanical, garbage, recycling, and other appropriate areas; and for noise reduction. Consider placement of windows at a height or location or placement of appropriate screening to provide sufficient privacy, light, and air for each unit.

(x)

The visual impact of garages should be reduced by the use of additional setbacks from the street, when garage doors must face the street or by the use of side facing or rear facing garages (accessed off an alley), when possible.

(xi)

Any mixed-use development shall be located in consideration of the natural environment as well as the use, scale and architecture of the surrounding built environment. Uses shall be consistent with those permitted in the underlying zone and the location clearly identified in the MDP. Pedestrian and nonmotorized access shall be incorporated into the design of the mixed-use development.

(xii)

All new electrical distribution and communication lines necessary to furnish permanent service to new commercial and industrial buildings, multiple-occupancy buildings and new residential buildings are required to be underground in the area that will be developed, but not in other areas of the MDP. Undergrounding of all existing overhead electrical distribution and communication lines is required where there is a change in use or intensification of an existing use proposed as part of the MDP.

(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.

(iv)

Single-Family Residential. Residential developments shall provide a minimum area of common space or recreation area equal to two 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 one 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.

(B)

Outside of an Urban Growth Area. Minimum common open space for master development plans not located within an urban growth area. Common open space includes recreation areas and conservation areas.

(i)

A minimum of sixty-five percent of the gross land area within the boundaries of the proposed MDP shall be designated as common open space.

(ii)

Up to sixty-five percent of this designated common open space may consist of critical areas and their required buffers.

(iii)

Common open space shall be located in large contiguous, undivided areas, with no dimensions less than fifty feet.

(iv)

Standards for recreation areas. Recreation areas allow for active and passive recreation. Non-residential development is allowed in recreation areas, such as tennis courts, swimming pools, lodges, and concession stands. Designated recreation areas shall be accessible by all residents, guests, and employees of the MDP for recreation and enjoyment.

(v)

Standards for conservation areas. Conservation areas allow for protection of critical areas and the conservation of other natural elements of importance to the community, including open space maintained for its aesthetic qualities. Low-impact recreation such as hiking and biking are permitted within conservation areas. Other uses permitted within conservation areas include forestry and agriculture, provided that these uses do not occur within any required critical area buffer or area maintained for its aesthetic qualities.

(vi)

The MDP's common open space plan shall identify the recreation areas and conservation areas. The plan shall also delineate areas that are open to the general public and areas that are accessible only to residents, guests, and employees of the MPD.

(C)

Standards for Common Open Space in Both Urban and Rural Areas.

(i)

No more than fifteen percent of the required common open space may be covered with impervious surfaces such as paved trails, community structures, and amenities (including swimming pools, sport courts, and accessory structures).

(ii)

Common open space must preserve important site features, including unique geological features and wildlife habitat.

(iii)

Common open space must minimize the fragmentation of open space. To the greatest extent possible, the designated common open space shall be located in large, undivided areas.

(iv)

The following recreational and community utility uses may be allowed in common open space areas, unless prohibited by critical area or shoreline regulations:

a.

Beaches, docks, swimming areas, picnic areas, trails/pedestrian walkways, equestrian trails, playgrounds, and any nonmotorized passive recreational facilities.

b.

Community wells, well houses, water lines, community drainfields, retention and detention ponds, water recharge and infiltration facilities, water system appurtenances, and biofiltration swales.

(v)

Common open space areas should be interconnected and access provided as appropriate.

(vi)

An open space management plan that addresses vegetation removal, planting, enhancement and maintenance shall be approved with the MDP.

(vii)

Permanent vegetation removal within common open space shall not be permitted, except as follows:

a.

Construction and maintenance of trails, playfields, community structures, sport courts, or other amenities as provided for in this chapter.

b.

Removal of diseased or hazardous vegetation, such as invasive plant species, consistent with best management practices and a plan prepared by a landscape architect.

c.

Selective thinning and enhancement of native vegetation.

d.

Forestry or agriculture uses within conservation areas.

(viii)

Any proposed common open space, unless conveyed to a land trust, shall be subject to a recorded conservation easement ^[10] providing that such land shall be perpetually preserved exclusively for the purposes set forth herein, and that it shall be maintained in a manner which will ensure its suitability for it intended purposes.

(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 unit. 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 detached residential units. Where the underlying zoning district has specific open space requirements those shall supersede these in this paragraph.

(7)

Amenities. Development shall address the incorporation of the following amenities as appropriate for the site and proposed uses:

(A)

Bike/Pedestrian Trail(s). Trails shall be developed in the MDP that will be linked to existing or proposed trails or otherwise provide linkage between local streets and destinations within and outside of the MDP such as parks, schools, open space, other streets, and commercial areas. When feasible developers are encouraged to connect to off-site trail facilities.

(B)

Community facilities such as all season meeting facilities, parks, play lots, swimming pools, tennis courts, basketball courts, or other type of sports fields.

(C)

In MDPs proposing one hundred residential units or more, consideration should be given to provide storage lots/yards for boats, trailers, recreational vehicles, commercial vehicles, commercial truck and/or commercial trailer. Solutions (such as common storage buildings, yards lots and covenants) shall ensure that these are not parked and/or stored in streets, driveways, or residential front yards within the MDP. Storage yards/lots for boats, trailers and RVs must be screened from view.

(D)

Educational features such as signage in association with natural features located within common open space.

(E)

Other. Trash and recycling receptacles, bike racks, transit stops, bus pullouts, bus shelters, or kiosks.

(8)

Standards for Common Open Space in MPDs Outside of UGAs.

(A)

Landscaping shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal. This provision does not preclude forestry or agricultural uses within conservation areas.

(B)

Any grade change shall be in keeping with the general appearance of the surrounding area. Areas that are cleared and graded should be restored in a manner appropriate based on the surrounding landscape.

(C)

Treat natural topography, natural drainage ways as fixed determinants of roadway and lot configuration rather than as elements that can be changed to follow a preferred development scheme.

(D)

Streets and building pads shall be designed and located to maintain and preserve natural topography and clusters of trees, avoid critical areas, minimize cut and fill, and protect and enhance views within or outside of the MDP.

(9)

Circulation Design. An MDP provides an opportunity to develop a circulation system that has consistent roadway design and layout and less impact on the natural environment. Access within and through the MPD shall be designed to complement existing roadways, while providing numerous transportation choices and routes. Narrow travel lanes, traffic calming devices, and alternative pavements for street parking may be utilized to reduce impervious area. The MDP shall have sufficient nonmotorized and motorized access commensurate with the location, size, density and uses within the proposed development. The circulation system within the MDP shall be developed based on these criteria:

(A)

Provide a connected street pattern that affords multiple access points to neighborhoods;

(B)

Provide an interconnected network of streets, pathways, and trails to disperse vehicular trips and to make nonmotorized modes of travel (such as walking and biking) practical, safe, and attractive for short trips;

(C)

Accommodate the traffic demand created by the development on all streets as documented in a traffic and circulation report approved by the county engineer;

(D)

Provide efficient fire and safety vehicle access;

(E)

Provide a street system that minimizes site disturbance, avoids critical areas, and reduces fragmentation of landscape;

(F)

Incorporate street and parking designs that minimize impervious surfaces to reduce stormwater flows.

(10)

Road Layout. There are a variety of street system layouts that may be employed to reduce impacts on the natural environment and provide connectivity to the county's road system. Alternative systems should be presented with an emphasis on a modified grid system. This modified system is characterized by interconnected roadways, large open spaces, and very few culs-de-sac. A modified grid pattern provides curving and looping roadways to reduce vehicle speeds, add character and accommodate topography, natural features or existing development. All MDP's shall incorporate multiple points of access to the county road system.

(11)

Design. The following criteria shall be used in designing the street system:

(A)

Provide a minimum of two access points to the county road system and additional access points as required to reduce traffic congestion;

(B)

Discourage external traffic from short cutting through the development;

(C)

Provide convenient internal circulation to avoid reliance on the arterial system;

(D)

Ensure multiple pedestrian and bicycle routes are included utilizing road rights-of-way, easements, open space, and/or utility corridors;

(E)

Provide for future roadways identified in the county's comprehensive plan;

(F)

Provide connection to adjacent parcels when directed by the county engineer;

(G)

Provide turnouts or intersections at a minimum of every eight hundred feet along a roadway when feasible to improve internal circulation;

(H)

Follow the existing topographic contours to minimize cuts and fills;

(I)

Avoid critical areas;

(J)

Minimize or avoid stream crossings;

(K)

Locate open space areas or bioretention areas down gradient of roads, walkways or other impervious surfaces;

(L)

Minimizes the length of the overall roadway network.

(12)

Road Sections. Applicable existing road standards for the Allyn, Belfair and Shelton urban growth areas and for the rural areas, Chapter 16.48, shall apply except as modified in Chapter 17.72 MDP, Low Impact Development Standards. The applicant may be permitted to develop to road standards other than those for the Allyn, Belfair and Shelton urban growth areas and for the rural areas when a clear public benefit can be demonstrated.

(13)

Pavement. See Chapter 17.72 for required LID techniques.

(14)

Parking Area Requirements. The MDP shall site and design commercial, manufacturing and industrial development to minimize the visual impact of impervious areas dedicated to parking and/or reduce the effective imperviousness of parking areas, while still providing adequate parking for various land use classifications. See Chapter 17.72 for required LID techniques.

(A)

Parking areas shall be located to minimize their visibility from the street.

(B)

Parking areas shall be adequately landscaped along the perimeter and in the interior.

(C)

When surface parking areas are adjacent to a public right-of-way the parking area shall provide a planting strip between the parking area and rights-of-way. This perimeter screening shall provide year-round visual screening of the parking area that meets or exceeds the minimum required by the underlying land use district designation. Screening may include low walls, opaque hedge walls.

(D)

At least ten percent of the parking area, not including driveways and loading area, must be landscaped. The landscaping must be dispersed throughout the parking area. Landscaped areas shall be sufficiently large to provide on-site stormwater management. Filter strips can be designed as landscape features within parking lots or other areas, to collect flow from large impervious surfaces. Perimeter landscaping may not substitute for interior landscaping.

(E)

One tree shall be planted for every four parking stalls provided. Existing trees may be used to meet this standard. If existing trees are retained, each tree six inches or less in diameter counts as one tree. Each tree more than six inches and up to nine inches in diameter counts as two trees. Each additional three-inch diameter increment above nine inches counts as one tree.

(F)

Protective curbs shall be placed around landscaping. Where stormwater is intended to run off the parking area into a landscaped area, the curbs must be discontinuous (as with tire stops) or perforated. Where landscaping is at higher grade than the parking area, the curbs must be continuous to prevent soil or other material from washing off the landscaped area onto the vehicle area.

(G)

Minimum off-street parking requirements outlined in Chapter 17.28 for nonresidential uses shall be used. The total number of parking spaces may exceed the minimums outlined in Chapter 17.28.

(H)

The designer shall incorporate alternative paving surfaces into the parking lot to promote infiltration of the runoff without the need for conventional catch basins and pipe systems.

(I)

Where underlying soils are not conducive to rapid infiltration, bioretention areas should be incorporated into the parking lot as concaved landscaped areas (i.e., situated lower than the height of the parking lot surface so that stormwater runoff is directed as sheet flow into the bioretention area). Bioretention areas can be used in concert with alternative paving surfaces to maximize the attenuation of runoff. Spacing and layout of the bioretention area should be designed so runoff is maintained as sheet flow from the driving surfaces into the bioretention area. The travel path of sheet flow across a parking lot to a bioretention area should be limited to cross only one driving lane and across one set of parking stalls before arriving at the side slopes of the bioretention area.

(J)

Shared Parking. Utilizing shared parking can reduce the total amount of impervious area and reduce the total number of required parking spaces. This strategy is appropriate for land uses with noncompeting hours of operation, such as a church and a school or office. For proposals with shared parking, the following requirements must be met:

(i)

The peak parking demand for the two uses must occur at different times of the day or week.

(ii)

Properties must be in close proximity to each other.

(iii)

Each establishment must have long-term, consistent parking needs.

(iv)

Property owners must enter into a legally binding agreement that outlines the terms of shared parking arrangements, which shall be approved by the county.

(K)

On Street Parking. See Chapter 17.72 for required LID techniques.

(15)

Alleys. Alleyways with garages located at the rear of lots provide more visually appealing streetscapes, effectively taking vehicle access emphasis from the front of homes. However, the use of alleys may increase the overall amount of impervious surface on the site. See Chapter 17.72 for required LID techniques. The following standards apply to alleys:

(A)

Alleys may not be used in lieu of roads due to access needs of emergency vehicles.

(B)

No parking is allowed within an alley. Alleys shall be posted for no parking.

(C)

Alleys shall be paved.

(D)

Alleys should be constructed without curb, gutter, or sidewalks.

(E)

Alleys shall be limited to a maximum of sixteen feet in width for two-way traffic and twelve feet for one-way traffic. A minimum five-foot setback from the rear property line is required for obstructions such as fences and walls for any alley constructed with widths between twelve to fourteen feet.

(F)

Garages accessed from an alley shall be set back a minimum of thirteen feet from the centerline of the alley.

(G)

Residential fences, walls or hedges along rear lot lines of interior lots abutting alleys shall contain an access gate to the alley.

(16)

Driveways. Driveways are typically constructed with impervious surfaces and may have a significant impact on stormwater quality and quantity. They also affect the character of a neighborhood by providing large expanses of pavement, become storage areas or provide repetitive, closely spaced interruptions of walkways and paths. See Chapter 17.72 for required LID techniques. The following guidelines should be used to limit the number and impact of driveways:

(A)

Driveways serving a single-family residence shall be a maximum width of twelve feet at the front property line. Driveways can be reduced to ten feet in width with a bulb-out at the garage.

(B)

Driveway length should be reduced as much as possible. This may be achieved by locating the house closer to the road or by using alley access directly into a garage. Garages accessed from a street, both attached and detached, should be set back from the front facade of the primary building. Driveway length shall be designed to accommodate the entire length of an average-sized passenger vehicle (e.g., SUVs, pick-up trucks, sedans, vans) for parking. A minimum length of twenty-two feet shall be provided as measured from the face of the garage to the back of the sidewalk, back of the concrete curb (no sidewalk), or back of the roadway vegetated open channel and or bioretention area or residential stormwater rain gardens.

(C)

Plans shall consider the incorporation of common/shared driveways.

(D)

Driveways serving two or more single-family residences shall be limited to a maximum of eighteen feet in width at the front property line or twenty-four feet for a three-car garage bay.

(E)

A shared driveway shall serve no more than four dwelling units unless a greater number of units are considered acceptable to the county.

(17)

Sidewalks and Paths. See Chapter 17.72 for required LID techniques.

(A)

Sidewalks and trails should be disconnected from the traveled way portion of the road, to the greatest extent possible. Every lot shall have pedestrian access to an abutting trail or to a sidewalk located on at least one side of the road. Sidewalks and trails may be separated from the roadway by placement of a vegetated open channel or planter strip.

(B)

At the end of cul-de-sacs, pedestrian and bicycle connections should be encouraged to provide direct access to nearby sidewalks/trails and/or common open space areas.

(18)

Water Systems.

(A)

At the time of subdivision application, the applicant shall provide documentation of the following:

(B)

Applicant shall provide adequate evidence of water rights capable of providing sufficient quantity for identified service area and designated land use from the department of ecology.

(i)

Applicant shall obtain source approval from the department of health consistent with approved water rights certificate.

(ii)

An approved water system plan consistent with the department of health and WAC 246-290-100 shall be prepared by applicant and approved by the department of health.

(iii)

Master development planning and fully contained communities shall be serviced by a Class A water system and provide fire flow in accordance with department of health guidelines and appropriate district fire marshal.

(iv)

Level of service standards and concurrency requirements for water supply system shall be consistent with the most recent update of the Mason County Comprehensive Plan.

(v)

Future water system expansions and service extensions identified in the approved water system plan are provided in a manner consistent with proposed master development plan.

Conditions of approval shall require:

(a)

Applicant shall prepare and receive approval from the department of health of a project engineering report consistent with the DOH water system design manual prior to proceeding with final construction drawings.

(b)

Construction drawings shall adhere to and incorporate the WSDOT/APWA standard plans and specifications for road, bridge, and municipal construction.

(c)

Applicant shall obtain department of health approval for construction drawings for all water system improvements.

(19)

Sanitary Sewer.

(A)

All new improvements within master development planning and fully contained communities shall connect to existing or proposed public sewer systems when located within the county's urban growth areas. Public sewer systems are those owned and operated by any legally recognized municipal organization as a public utility.

(B)

Within urban areas, applicant shall provide evidence that the existing publicly owned treatment plant has adequate capacity or can be expanded to treat wastewater generated from master development plan service area and proposed land uses.

(C)

Within urban areas, applicant shall provide evidence that the existing publicly owned collection system has adequate capacity to convey wastewater generated from master development plan service area and proposed land uses to the publicly owned treatment plant.

(D)

At the time of subdivision application, the applicant shall provide information demonstrating the following:

(i)

Applicant shall provide Mason County with sewer availability certificate for the proposed collection and treatment of wastewater generated from the master development plan from the recognized public utility purveyor.

(ii)

Level of service standards and concurrency requirements for wastewater treatment and collections system shall be consistent with the most recent update of the Mason County comprehensive plan.

(iii)

Within rural areas of the county, privately maintained large on-site community drainfields designed and constructed consistent with the Mason County health department for systems three thousand five hundred gallons per day and under, Washington State Health Department for systems greater than three thousand five hundred gallons per day up to fourteen thousand gallons per day, and the department of ecology for systems greater than fourteen thousand gallons per day will be allowed in lieu of publicly owned sewer systems.

(iiv)

All on-site systems must be designed by a licensed on-site wastewater designer or professional engineer.

(v)

All private on-site systems require an ongoing operations and maintenance program consistent with the Mason County on-site standards.

(vi)

All new wastewater collection system extensions shall adhere to the department of ecology design criteria for sewage works design and department of health for on-site systems only.

Conditions of approval shall require:

(a)

Construction drawings shall adhere to and incorporate the WSDOT/APWA standard plans and specifications for road, bridge, and municipal construction.

(b)

Applicant shall obtain department of ecology approval for construction drawings for all wastewater system improvements.

(20)

Stormwater Management. At the time of subdivision application, the applicant shall provide information demonstrating the following:

(A)

Applicant shall comply with Mason County stormwater management ordinance. The ordinance defines specific minimum requirements and other approval standards for development on all ranges of parcel size.

(B)

Mason County has adopted a stormwater management ordinance located in Chapter 14.48, which outlines minimum requirements and best management practices (BMP's) for new development and other improvements.

(C)

Until Mason County develops a stormwater management plan or utility, stormwater will be managed primarily through on-site control measures consistent with the county's stormwater management ordinance (Chapter 14.48).

(D)

Public facility development shall minimize impacts to shorelines, preserving the natural stream environments where possible.

(E)

The applicant shall implement practical and effective low impact development (LID) site design and management strategies to meet flow control objectives. See Chapter 17.72 for LID techniques.

(F)

Construction drawings shall adhere to and incorporate the WSDOT/APWA standard plans and specifications for road, bridge, and municipal construction.

(21)

Flow Control. At the time of subdivision application, the applicant shall provide information demonstrating the following:

(A)

Create a facility strategy, which preserves and supplements necessary natural drainage processes and other natural systems to minimize runoff impacts from development.

(B)

Carefully control development in areas of steep slopes where surface water runoff can create unstable conditions. Maintain natural vegetation for slope stabilization.

(C)

Conservation Measures.

(i)

Maximize retention of native forest cover and restore disturbed vegetation to intercept, evaporate, and transpire precipitation.

(ii)

Preserve permeable, native soil and enhance disturbed soils to store and infiltrate stormwater.

(iii)

Retain and incorporate topographic site features that slow, store and infiltrate stormwater.

(iv)

Retain and incorporate natural drainage features and patterns.

(D)

Site Planning and Minimization Techniques.

(i)

Utilize a multidisciplinary approach that includes planners, engineers, landscape architects and architects at the initial phases of the project.

(ii)

Locate buildings and roads away from critical areas and soils that provide effective infiltration.

(iii)

Minimize total impervious surface area and eliminate effective impervious surfaces.

(E)

Distributed and Integrated Management Practices.

(i)

Manage stormwater as close to its origin as possible by utilizing small scale, distributed hydrologic controls.

(ii)

Maintain existing or create a hydrologically rough landscape that slows storm flows and increases time of concentration.

(iii)

Reduce the reliance on traditional conveyance and pond technologies.

(F)

Maintenance and Education.

(i)

Develop reliable and long-term maintenance programs with clear and enforceable guidelines.

(22)

Water Quality Treatment. At the time of subdivision application, the applicant shall provide information demonstrating the following:

(A)

Protect physical and biological integrity of wetlands, streams, wildlife habitat, and other identified critical areas.

(B)

Maintain water quality within all Shoreline Management Act waterfront areas through careful design, operation, construction, and placement of public facilities.

(C)

Comply with the National Pollutant Discharge Elimination System (NPDES) and state regulations.

(D)

Under no circumstances shall hazardous waste be allowed to contaminate groundwater, surface water, or sewer systems of Mason County. Dispose of hazardous wastes only in locations designated for that purpose.

(23)

Phasing. The phasing plan shall demonstrate how the project development will be sequenced, including the necessary infrastructure and required project amenities (i.e., parks, common space, open space). The phasing plan shall indicate milestones of development that mandate thresholds for completing associated infrastructure and amenities and shall ensure that a functioning, viable circulation system will exist during all phases.

(24)

Cultural Resources. The removal or disruption of historic uses, structures, or architectural elements or other cultural resources shall be minimized to the extent feasible in the development of the MDP, whether on the site or on adjacent properties.

(Ord. 01-08 (part), 2008: Ord. 112-06 (part), 2006).

(Ord. No. 09-17, Attach. A, 3-17-2017; Ord. No. 2022-014, Exh. B-2, 2-28-2022)

(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 43.21c 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 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. 112-06 (part), 2006; Ord. No. 2022-014, Exh. B-2, 2-28-2022)

(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:

(1)

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)

In 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.

(1)

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 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.

(6)

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 may deny the proposal.

(Ord. 01-08 (part), 2008: Ord. 112-06 (part), 2006; Ord. No. 2022-014, Exh. B-2, 2-28-2022)

The approved MDP and handbook as modified or conditioned by the county board of commissioners shall be recorded at the Mason County auditor's office within fifteen days after the appeal period has ended. Cost of recording is the applicant's responsibility. The original documents shall be returned to the department of community development.

(Ord. 01-08 (part), 2008: Ord. 112-06 (part), 2006).

Once the MDP is approved, all persons and parties, their successors, heirs or assigns, who own, or have or will have by virtue of purchase, inheritance, assignment or otherwise, any interest in the real property within the MDP area, shall be bound by the terms and conditions of the approved and recorded MDP and subsequent approved implementing site development plans, and the provisions of this chapter.

(Ord. 01-08 (part), 2008: Ord. 112-06 (part), 2006).

(a)

General. Upon approval of the master development plan, the county will place the county recording number(s) of the MDP on the location of the subject property on the county land use map.

(b)

Effect. Development of property for which a master development plan has been approved must be consistent with the master development plan and any amendments to that plan.

(Ord. 01-08 (part), 2008: Ord. 112-06 (part), 2006).

The director shall review the status of development pursuant to the MDP in accordance with a review schedule adopted as a condition of the MDP. Review shall occur as necessary to ensure compliance by the applicant or the successor(s) in interest. If a review schedule is not adopted with the MDP approval, the review shall occur not less than once every five years until the MDP is substantially completed. During this review, the applicant or the successor(s) in interest shall demonstrate compliance with the terms of the MDP to the full satisfaction of the director of the community development department. The burden of proof on this issue is upon the applicant or successor(s).

(Ord. 01-08 (part), 2008: Ord. 112-06 (part), 2006).

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 I) 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 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 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.

(Ord. 01-08 (part), 2008: Ord. 112-06 (part), 2006; Ord. No. 2022-014, Exh. B-2, 2-28-2022)

(a)

Duration of the Master Development Plan. Approval of an MDP shall be effective for up to fifteen years; however, the board may extend the approved MDP time limit at the time of approving the MDP if an agreement is entered into with the applicant approving the MDP for a period longer than fifteen years.

(b)

Exception to Time Limit for Phased Projects. This section will recognize that in some circumstances the time limit specified above is not adequate and provide a means for the applicant to request and the county to grant a longer time limit that initially approved to allow the MDP to be completed. In determining whether to enter into an agreement to extend the time period of the MDP approval, the board shall consider, among other things, the size and phasing of the development, economic cycles, market conditions, contributing infrastructure that will provide a community-wide benefit, and other relevant circumstances that warrant such an agreement.

(Ord. 01-08 (part), 2008: Ord. 112-06 (part), 2006).

A final decision by the board of county commissioners shall be final unless appealed. The action of the board of county commissioners on an MDP proposal may be appealed pursuant to the requirements set forth in RCW 36.70C.

(Ord. 01-08 (part), 2008: Ord. 112-06 (part), 2006).