Chapter 16.08
UNIT LOT SUBDIVISIONS
Sections:
16.08.040 General regulations.
16.08.050 Association with site development – Application timing.
16.08.070 Modifications to an approved preliminary unit lot plat.
16.08.080 Building permits after preliminary plat approval.
16.08.090 Required final plat notes.
16.08.100 Final plat submittal.
16.08.010 Purpose.
The purpose of this chapter is to provide an alternative to the traditional method of land division. The unit lot subdivision process provided opportunities for fee-simple ownership of land. Unit lot subdivisions determine compliance with the relevant dimensional standards of EWMC Title 17 by analyzing whether the parent lot complies, but requiring each newly created lot within the unit lot subdivision (unit lot) complies with these dimensional standards. (Ord. 26-01 § 5 (Exh. A), 2026)
16.08.020 Applicability.
The provisions of this chapter apply exclusively to the unit lot subdivision of land for the following types of residential development: duplexes, triplexes, fourplexes, townhouses, cottage housing, courtyard housing, and mobile home parks. This chapter also applies to projects with the goal of preserving an existing single-family residence while adding new housing types listed above.
A unit lot subdivision does not permit uses or densities that are not otherwise allowed in the zoning district in which the unit lot subdivision is proposed. (Ord. 26-01 § 5 (Exh. A), 2026)
16.08.030 Procedure.
Unit lot subdivisions shall be processed as a Type II full administrative review, pursuant to Chapter 16.12 EWMC or Type III quasi-judicial review, pursuant to Chapter 16.16 EWMC and EWMC Title 19, Development Permit Administration, depending on the number of lots proposed.
A unit lot subdivision may be combined with a subdivision or short subdivision so long as the portion of the development utilizing this section meets the requirements of this section. A proposed subdivision lot will be considered a parent lot for the purpose of determining consistency with this section. (Ord. 26-01 § 5 (Exh. A), 2026)
16.08.040 General regulations.
A. The unit lot subdivision shall meet development standards applicable to the overall residential site development approval and the provisions of this chapter. As a result of the unit lot subdivision, structures on individual unit lots may not conform to some or all of the dimensional standards for the zoning district in which the property is located. So long as the dwelling units are already in existence or the proposed residential site development plan meets the dimensional criteria for the parent parcel(s), each unit lot will be deemed to be in conformance. If the units are already legally in existence and do not comply with the development standards, a unit lot may be created for each existing dwelling unit. Subsequent platting actions, additions, or modifications to the structure(s) may not create or increase any nonconformity to the parent lot.
B. Unit lot subdivisions shall be subject to all applicable requirements of EWMC Title 16, except as otherwise modified by this section.
C. The density of the parent lot shall not exceed the maximum net density of the zone, except as otherwise modified by Chapter 17.68 EWMC, Planned Unit Development District.
D. A unit lot within a unit lot subdivision may contain multiple dwelling units when all such dwelling units are located within one building.
E. All portions of the parent lot(s) not subdivided for individual unit lots shall be identified as tracts and owned in common by the owners of the individual unit lots, by a homeowner’s association comprised of the owners of the individual unit lots located within the parent parcel(s), or by a community land trust.
F. Except for existing nonconforming development or as approved pursuant to Chapter 17.68 EWMC, Planned Unit Development District, building setbacks shall be as required for the zone as applied to the underlying parent parcel(s) as a whole. There shall be no setback required from individual unit lot lines which are interior to the perimeter of the parent lot(s).
G. Internal drive aisles providing vehicular access to unit lots shall not be considered public or private streets when utilizing the provisions of this section. However, in no instance can an internal drive aisle conflict with or preclude necessary circulation system improvements established by the transportation element of the Greater East Wenatchee Area Comprehensive Plan.
In an instance where a street(s) is required to support necessary circulation system improvements established by the transportation element of the comprehensive plan then the area on either side of the new street will be considered each a parent lot for the purpose of analyzing setbacks and other dimensional zoning standards.
H. Within the parent lot, required parking for a dwelling unit may be provided on a different unit lot or on the common area lot, as long as the right to use the parking is formalized by an easement recorded with the Douglas County auditor’s office.
I. Maintenance Agreements for Building Exteriors. Maintenance agreements must be executed and recorded as an element of the final unit lot subdivision for maintenance of all building exteriors except in cases where all dwelling units are detached. The maintenance agreement must require equal participation by all owners within any one building. This requirement does not apply to detached single-family dwelling units.
J. Access easements, joint use and maintenance agreements, and covenants, conditions and restrictions identifying the rights and responsibilities of property owners and/or the homeowner’s association shall be executed for use and maintenance of common garage, parking and vehicle access areas; on-site recreation; landscaping; underground utilities; common open space; exterior building facades and roofs; and other similar features, and shall be recorded with the Douglas County auditor’s office. Each unit lot subdivision shall make adequate provisions for ingress, egress and utilities access to and from each unit lot created by reserving such common areas or other easements over and across the parent site as deemed necessary to comply with all other design and development standards generally applicable to the underlying residential site development plan. (Ord. 26-01 § 5 (Exh. A), 2026)
16.08.050 Association with site development – Application timing.
A. In the case of a vacant lot or a site redevelopment, a preliminary unit lot subdivision can only be submitted in conjunction with or after a site development plan and building permits have been submitted.
B. For existing developed sites, a preliminary unit lot subdivision application may be submitted at any time.
C. If the subdivision involves creating unit lot lines within an existing building with common walls, a building permit application is required in order to verify that the walls meet the building and/or fire code separation requirements in effect at the time of the subdivision application. (Ord. 26-01 § 5 (Exh. A), 2026)
16.08.060 Approval criteria.
A. A proposed unit lot subdivision can receive preliminary approval only if the following findings are made by the review authority:
1. The proposed unit lot subdivision conforms to the requirements of this title and all applicable city, state and federal zoning, land use, environmental and health regulations.
2. The unit lot subdivision:
a. Makes adequate provision for access and neighborhood circulation.
b. Will adequately be served with water, sewer, storm drainage and other utilities appropriate to the nature of the unit lot subdivision.
c. Makes adequate provisions for fire and emergency access and protection.
d. Makes adequate provisions for critical areas protection.
e. Makes adequate provisions for sidewalks and other pedestrian features.
f. Serves the public interest and makes appropriate provisions for public health, safety and welfare.
B. If the findings in subsection A of this section have not been met, the review authority shall deny the proposed unit lot subdivision, unless specified conditions have been issued to fully satisfy the criteria. (Ord. 26-01 § 5 (Exh. A), 2026)
16.08.070 Modifications to an approved preliminary unit lot plat.
A. Minor modifications to a previously approved preliminary unit lot plat not involving the location or relocation of a lot or tract line and not involving the relocation of a street may be requested by the applicant and approved by the director. Minor modifications shall be processed as a Type I limited admin review pursuant to Chapter 19.02 EWMC. The modification shall meet the following conditions, and the director shall note such in the decision:
1. The modification will not be inconsistent or cause the subdivision to be inconsistent with the findings and conclusions of the approval decision;
2. The modification will not cause the subdivision to violate any applicable city policy or regulation;
3. The modification will not alter the intent of the original conditions.
B. Modifications which exceed the criteria above shall be processed in the same manner as a new preliminary unit lot plat application. (Ord. 26-01 § 5 (Exh. A), 2026)
16.08.080 Building permits after preliminary plat approval.
In the case of a vacant lot or a site redevelopment no building permit shall be issued on the parent lot prior to a determination by the city fire marshal the adequate fire protection and emergency vehicle access exists. (Ord. 26-01 § 5 (Exh. A), 2026)
16.08.090 Required final plat notes.
Notes shall be placed on the plat to acknowledge the following:
A. A note stating that approval of the design and layout of the unit lot’s housing development project was granted based on detailed review of that specified project, as a whole, on the parent lot.
B. Subsequent subdivision actions, additions, or modifications to the unit lot housing development project’s structures may not create or increase any nonconformity of the parent lot as a whole and shall conform to the approved unit lot housing development project or to the land use and development standards in effect at the time of the proposed actions, additions, or modifications.
C. If a structure or portion of a structure within the unit lot housing development project has been damaged or destroyed, any repair, reconstruction, or replacement of any structure shall conform to the approved unit lot housing development project or the land use and development standards in effect at the time the proposed repair, construction, or replacement project permit application becomes vested.
D. Additional development or redevelopment of the individual unit lots may be limited as a result of the application of development standards to the parent lot. (Ord. 26-01 § 5 (Exh. A), 2026)
16.08.100 Final plat submittal.
An application for final unit lot plat review will not be accepted until all foundations, including common wall foundations, are installed and located on the face of the final plat by the land surveyor of record. (Ord. 26-01 § 5 (Exh. A), 2026)