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Rural cluster subdivisions and short subdivisions located inside of a Rural/Urban Transition Area (RUTA) as designated on the future land use map (FLUM) shall be subject to the open space and bulk regulation requirements set forth in this section.

(1) The open space required in this section shall be designed as interim open space to be reserved for future use as urban development.

(2) SCC Table 30.41C.140 establishes the interim open space requirements and bulk regulations for rural cluster subdivisions or short subdivisions inside a RUTA:

Table 30.41C.140 RUTA Bulk Regulations and Interim Open Space Requirements

Applies to all zoning classifications and parcels underlying a RUTA as designated on Snohomish County GMA Comprehensive Plan Future Land Use Map (FLUM)

Minimum interim open space

65 percent

Maximum lot coverage

35 percent

Minimum lot frontage on a public or private street

80 feet

Minimum lot size

See SCC 30.23.220

Maximum lot size

20,000 square feet

Minimum front yard setback1

20 feet

Minimum rear yard setback

5 feet

Minimum side yard setback1

10 feet

Minimum setback for single family residential/duplex lots from adjacent agriculture, forest and mineral lands

100 feet

1In accordance with 30.91L.170, corner lots have two front yard setbacks.

(3) To maintain rural character of the site and facilitate future re-division of the interim open space, the following provisions apply:

(a) The percentage of interim open space shall be based on the gross area of the original parcel(s) existing at the time the property is subdivided; and

(b) The interim open space tract shall be configured to such shape and dimensions as to allow for future land division based on the following design criteria:

(i) The interim open space tract shall not be fragmented by private road easements;

(ii) The location of the interim open space tract in the subdivision or short subdivision shall accommodate future public roadway access upon re-division and facilitate the clustering of the rural cluster subdivision or short subdivision lots near the periphery of the subdivision or short subdivision boundary rather than a central location; and

(iii) The proposed interim open space on a preliminary plat/short plat drawing shall show a non-binding conceptual shadow plat of 4 dwelling units per acre to reflect the potential for the interim open space to be subdivided in the future, but such shadow plat shall not be depicted on the final plat or short plat.

(4) When more than 40 percent of the gross area of the site is constrained by critical areas, the minimum interim open space requirements may be reduced by up to 40 percent.

(5) The interim open space tract may be used for any use otherwise permitted in restricted open space as specified in SCC 30.41C.090(2), except that no new permanent structures shall be allowed.

(6) The interim open space tract shall be established and maintained in accordance with SCC 30.41C.110 and 30.41C.120.

(7) The interim open space tract shall not be eligible for further division until it is removed from the RUTA as designated on the FLUM and becomes part of an urban growth area and can be served with adequate utilities. A note on the final plat or short plat shall be included indicating such restriction.

(8) The following notice shall be filed on the title of the properties within the plat and shall be placed on the face of the final plat and short plat:

"Tract ___ is an open space tract reserved for future development when the Urban Growth Area is expanded to include the open space parcel. Future development of this tract may include residential, commercial and industrial uses commonly found in an urban area. The open space tract is not intended to be preserved in perpetuity."

(9) Applicants for rural cluster subdivisions or short subdivision proposed in a RUTA as designated on the FLUM shall notify the adjacent city of plans for proposed infrastructure improvements. When a master annexation inter-local agreement has been adopted by the county council, infrastructure improvements for the rural cluster subdivision or short subdivision shall be subject to approval from the city. (Added by Amended Ord. 08-087, Feb. 4, 2009, Eff date Apr. 5, 2009).