Chapter 19.15A
UNIT LOT SUBDIVISIONS

Sections:

19.15A.010    Applicability—Purpose—Definitions.

19.15A.020    Unit lot subdivision lot standards.

19.15A.025    Condominium developments existing as of the effective date of this chapter.

19.15A.030    Ownership of common areas.

19.15A.040    Building setbacks.

19.15A.045    Development and design standards.

19.15A.050    Off-street parking.

19.15A.060    Private access drives.

19.15A.065    Public water and sewer mains, fire hydrants.

19.15A.070    Ingress, egress and utilities access.

19.15A.080    Commencement of construction, final plat approval.

19.15A.090    Landscaping.

19.15A.095    Homeowners’ association incorporation.

19.15A.100    Covenants and maintenance.

19.15A.110    Recorded conditions.

19.15A.010 Applicability—Purpose—Definitions.

A.     Purpose. The primary purpose of these provisions is to allow for the creation of unit lots for townhouse dwellings, while applying only those site development standards applicable to the parent site as a whole. The secondary purpose of these provisions is to allow for the unit lot subdivision process to be applied to townhouse and single-family detached condominium developments for which, as of the effective date of this chapter, either:

1.    A condominium declaration and survey had been recorded pursuant to Chapter 64.34 RCW; or

2.    (a) A complete application for formal approval of a site development plan had been filed, and (b) the recording of a condominium declaration and survey had been deferred in anticipation of the adoption of this chapter, and (c) the application had accepted by the city, and was still actively being processed by the city.

B.     Applicability—New Townhouse Unit Lot Subdivisions. The provisions of this chapter apply to the subdivision of land for new single-family attached dwelling developments in the R-3L, R-3, R-4, R-5, B-2, B-2B, C-1, C-1R, E-1 and MUO zones.

C.     Applicability—Townhouse and Single-Family Detached Condominiums in Existence as of the Effective Date of the Ordinance Codified in this Chapter. The provisions of this section apply to single-family attached developments, and/or single-family detached condominium developments for which, as of the effective date of this chapter, either:

1.    A condominium declaration and survey had been recorded pursuant to Chapter 64.34 RCW, in which all property owners apply to subdivide existing condominium dwelling units into unit lot subdivisions; or

2.    (a) A complete application for formal approval of a site development plan had been filed, and (b) the recording of a condominium declaration and survey had been deferred in anticipation of the adoption of this chapter, and (c) the application had accepted by the city, and was still actively being processed by the city.

D.     Conflict. In the event of a conflict between this chapter and any other provisions of this title (Zoning) or Title 18 (Land Division), the requirements of this chapter shall control.

E.    Definitions. For purposes of this chapter, the following terms shall be defined as provided herein.

1.    “Association” or “homeowners’ association” means a corporation, unincorporated association, or other legal entity, each member of which is an owner of an individual lot within the unit lot subdivision.

2.    “Board” or “board of directors” means the body, regardless of name, with primary authority to manage the affairs of the association.

3.    “Common areas” means portions of the subdivision not subdivided for individual lots or not dedicated to the city as public streets, utility systems or other public areas or facilities.

4.    “Condominium” means a development subjected to Chapter 64.32 or 64.34 RCW.

5.    “Dwelling, single-family attached” shall have the same definition as stated in Chapter 19.04.

6.    “Lot, unit” or “unit lot” means a subdivided lot within a development approved through the unit lot subdivision process of this chapter.

7.    “Owner” means the owner of a lot, but does not include a person who has an interest in a lot solely as security for an obligation. “Owner” also means the vendee, not the vendor, of a lot under a real estate contract.

8.    “Parent site” means a parcel of land which may be subdivided into unit lots through the unit lot subdivision process of this chapter.

9.    “Townhouse” or “dwelling, townhouse” shall have the same definition as “dwelling, single-family attached” as defined in this section.

10.     “Unit lot subdivision” means a subdivision of land authorized by Chapter 19.15 as an alternative to conventional subdivision processes of Title 18. (Ord. 3377-14 § 3 (part), 2014.)

19.15A.020 Unit lot subdivision lot standards.

As allowed by this chapter, development on individual unit lots within the unit lot subdivision need not conform to the minimum lot area or dimensional standards of this title (Zoning) or Title 18 (Land Division) provided that overall development of the parent site meets the development and design standards of the underlying zoning and the requirements of this section. There shall be no minimum required lot area for individual lots within a unit lot subdivision provided that the area of the unit lot shall be large enough to contain the dwelling unit and any accessory structures, decks, fences, garages, driveways, private yard areas, parking, landscaping or other improvements that are accessory to the dwelling unit; provided further, so long as conforming to the approved site development plan, such accessory improvements may encroach upon or be located in an adjoining unit lot or common area pursuant to an appropriate easement. (Ord. 3377-14 § 3 (part), 2014.)

19.15A.025 Condominium developments existing as of the effective date of this chapter.

Single-family attached and/or single-family detached dwelling developments existing at the time this chapter became effective may be subdivided into individual unit lots. The development as a whole shall meet development standards applicable at the time the development was approved. As a result of the unit lot subdivision, development on individual unit lots may be nonconforming as to some or all of the development standards of this title as applied to the individual unit lot, except that any private open space for individual dwelling units shall be provided on the same lot as the dwelling unit it serves. The review authority shall have the authority to add reasonable conditions of approval that would make the development more closely conform to current landscaping and/or design standards. (Ord. 3377-14 § 3 (part), 2014.)

19.15A.030 Ownership of common areas.

Portions of the parent site not subdivided for individual unit lots or not dedicated to the city as public streets or public utility systems shall be owned in common by the owners of the individual lots within the subdivision, or by a homeowners’ association comprised of the owners of the individual unit lots within the subdivision. (Ord. 3377-14 § 3 (part), 2014.)

19.15A.040 Building setbacks.

Building setbacks shall be as required for the zone as applied to the underlying parent site as a whole. There shall be no setback required from unit lot lines which are interior to the perimeter of the parent site; provided, however, that any structure located upon a unit lot created hereunder shall comply with the setbacks applicable to the approved development plan. (Ord. 3377-14 § 3 (part), 2014.)

19.15A.045 Development and design standards.

Except as otherwise provided in this chapter, all unit lot subdivisions shall comply with the applicable development and design standards of Chapter 19.15. If the property is located in an area or zone that is not subject to the requirements of Chapter 19.15, the unit lot subdivision shall comply with the applicable development and design standards for the area or zone in which the property is located, except as may otherwise be provided by this chapter. (Ord. 3377-14 § 3 (part), 2014.)

19.15A.050 Off-street parking.

A.    The minimum amount of off-street parking shall be as required by Chapter 19.34. Required off-street parking space may be provided in an area owned and maintained in common by the homeowners’ association. Parking spaces located in a common area shall be available to residents or guests and invitees of residents, and shall not be reserved for any specific dwelling unit except as authorized by Section 19.15A.020.

B.     All required off-street parking spaces shall be maintained in perpetuity for off-street parking for the residents, or guests or invitees of residents. Such spaces shall not be used at any time or in any manner that precludes use for off-street parking of operable motor vehicles regularly used by occupants of the unit lot dwellings.

C.    Parking shall be prohibited in fire lanes, and each fire lane shall be clearly identified with signage and pavement marking to indicate that the fire lane is not to be used for parking at any time. The homeowners’ association shall be responsible for enforcing this requirement. The city shall have the authority to remove any vehicle illegally parked in a fire lane at the vehicle owner’s expense. (Ord. 3377-14 § 3 (part), 2014.)

19.15A.060 Private access drives.

Private access drives are allowed to provide access to dwellings and off-street parking areas within a unit lot subdivision. All private access drives shall be designed and constructed to city design and construction standards. Access drive width shall be twenty-four feet, within which a four-foot-wide painted walkway shall be provided for pedestrian facilities. Access drives less than one hundred fifty feet in length may have a width of twenty feet and need not include a pedestrian walkway. Parking within any access drive shall be prohibited, but off-street parking may be located adjacent to an approved access drive outside of the minimum required dimensions of the access drive. The homeowners’ association shall be responsible for enforcing this requirement. The city shall have the authority to remove any vehicle illegally parked in a fire lane at the vehicle owner’s expense. As an alternative to the private access drive, the applicant may provide a public street meeting the city design and construction standards. (Ord. 3377-14 § 3 (part), 2014.)

19.15A.065 Public water and sewer mains, fire hydrants.

All water and sewer mains and fire hydrants within the unit lot subdivision shall be constructed to public utility standards and dedicated to the city. The city shall have the discretion to refuse to accept dedication of utility systems in developments that predate this chapter that are not constructed to city standards. (Ord. 3377-14 § 3 (part), 2014.)

19.15A.070 Ingress, egress and utilities access.

Each unit lot subdivision shall make adequate provisions for ingress, egress and utilities access to and from each unit lot created by dedicating streets or utilities to the city, or 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 applicable to the approved development plan. (Ord. 3377-14 § 3 (part), 2014.)

19.15A.080 Commencement of construction, final plat approval.

A.    Site development and building construction may commence upon approval of a development plan, but prior to final subdivision approval and recording; provided, that all applicable permits and approvals have been obtained by the applicant. However, no dwelling unit or unit lot may be sold, transferred, occupied or conveyed prior to final subdivision approval and recording.

B.    The city is authorized to approve changes between the preliminary plat approval and final plat approval, provided that no change shall be allowed that does not fully comply with the applicable requirements of this title (Zoning Code) or Title 18 (Land Division Code). (Ord. 3377-14 § 3 (part), 2014.)

19.15A.090 Landscaping.

In addition to perimeter landscaping required for the parent site, landscaping shall be provided on each unit lot where yard area abuts an access drive, and between driveways and/or parking areas on abutting lots. A landscape plan shall be submitted with the land use application showing the following:

A.    Perimeter landscape standard along rear or interior lot lines of parent site. All required perimeter landscaping shall be placed within a common area and shall be maintained by the homeowners’ association. Conversion of perimeter landscaping to private yard area is prohibited;

B.    Street frontage landscaping on public streets;

C.    Street trees on private access drives shall meet the standards of Chapter 19.35. (Ord. 3377-14 § 3 (part), 2014.)

19.15A.095 Homeowners’ association incorporation.

Prior to the recording of the subdivision, the applicant shall provide evidence that the homeowners’ association has been incorporated pursuant to the laws of the State of Washington, including the filing of the association’s articles of incorporation with the Washington Secretary of State. In the event the homeowners’ association should cease to be a corporation under the laws of the State of Washington and as required by this section, such association shall continue as an unincorporated association governed by the Homeowners’ Association Act (Chapter 64.38 RCW). (Ord. 3377-14 § 3 (part), 2014.)

19.15A.100 Covenants and maintenance.

A.    Covenants and Homeowners’ Association. Prior to the issuance of building permits, the applicant shall provide a preliminary draft of covenants, declarations and restrictions with the subdivision application for review as part of the subdivision. Prior to the recording of the subdivision, the applicant shall provide final covenants, declarations and restrictions in a form satisfactory to the city attorney, which shall be recorded with the county auditor’s office providing that the homeowners’ association shall be subject to and comply with:

1.    Such covenants, declarations and restrictions;

2.    The Homeowners’ Association Act (Chapter 64.38 RCW);

3.    The applicable Washington corporation statute; and

4.    Any applicable provisions of the city code including, but not limited to, subsections B and C of this section.

B.     Maintenance of Private Common Areas and Infrastructure. All common open space and recreation areas and all private utility infrastructure located within a unit lot subdivision shall be maintained in perpetuity by the homeowners’ association. Prior to the recording of the subdivision, the applicant shall provide the covenants, declarations and restrictions required by subsection A of this section for review by the city, which shall provide that the following common areas and infrastructure are maintained by the homeowners’ association in accordance with all applicable provisions of the city code. Said covenants, declarations and restrictions shall provide authority for the city, after providing reasonable written notice to the homeowners’ association and opportunity to perform required maintenance, to recover any costs incurred by the city to maintain private infrastructure or common areas due to a failure of the homeowners’ association to adequately maintain privately owned improvements, including a lien on the property or other appropriate assurance device, as determined by the city.

1.    Private access drives;

2.    Vehicle and pedestrian access easements;

3.     Joint use and maintenance agreements;

4.    Common off-street parking;

5.    Common open space (including, but not limited to, landscape areas, gardens, woodlands, walkways, courtyards or lawns, and outdoor recreation areas);

6.    Private utility infrastructure (including, but not limited to, underground utilities and utility easements); and

7.    Any other common buildings or improvements.

C.    Maintenance of Lot, Buildings and Facilities. Buildings, utilities and facilities on individual unit lots shall be maintained by the property owner in accordance with city codes and the requirements of the covenants, declarations and restrictions applicable to the development. Prior to the recording of the subdivision, the applicant shall provide the covenants, declarations and restrictions required by subsection A of this section for review by the city, which shall provide that buildings, utilities and facilities on individual lots shall be maintained by the property owner in accordance with city codes and the requirements of such covenants, declarations and restrictions. (Ord. 3377-14 § 3 (part), 2014.)

19.15A.110 Recorded conditions.

Notes shall be placed on the plat recorded with the county auditor’s office to acknowledge the following:

A.     Approval of the design and layout of the development was granted by the review of the development, as a whole, on the parent site by the development plan approval (stating the project file number);

B.     Subsequent platting actions, additions or modifications to the structure(s) may not create or increase any nonconformity of the parent site as a whole, and shall conform to the approved site development plan;

C.     If a structure or portion of a structure has been damaged or destroyed, any repair, reconstruction or replacement of the structure(s) shall conform to the approved site development plan;

D.     The individual unit lots are not separately buildable outside of the context of the approved development plan for the subdivision and additional development of the individual unit lots may be limited as a result of the application of development standards to the parent site. (Ord. 3377-14 § 3 (part), 2014.)