Chapter 12.12 SUBDIVISIONS

Chapter 12.12
SUBDIVISIONS

Sections:

12.12.010 Application, procedure and fees.

12.12.040 Land suitable for cluster subdivisions.

12.12.050 Required features for cluster subdivisions.

12.12.060 Finalizing preliminary subdivision.

12.12.010 Application, procedure and fees.

Applications shall be made on the appropriate forms, with appropriate fees, and follow the procedures set forth in Chapters 12.02 and 12.04. All land division shall be reviewed under this title for all applicable requirements. (Res. 2010-68 (Exh. A) (part), 7/13/10).

12.12.020 Preliminary submittal.

Every preliminary application for a land division shall consist of the appropriate application form, applicable fees and the following:

(1) One copy of the preliminary map(s) which shall be legibly drawn at a standard engineering scale suitable to show the details necessary for review and shall include:

(A) Road layout map with right-of-way (prism) limits and center lines of adjacent roads clearly identified;

(B) A vicinity map showing the subject property, all adjacent properties within four hundred feet, and nearest county road;

(D) Map of all easements, their purpose and dimensions, as known;

(E) The zoning district of the subject property and the zoning districts of adjacent properties;

(F) Chart indicating the actual net area for each platted lot exclusive of the right-of-way and listing the smallest, largest, and average lot area. Lots one acre and over shall be shown to the closest hundredth of an acre, and all other lots shall be shown in square feet;

(G) The proposed title of the subdivision (not required for short subdivision);

(H) Location of subject property by section, township and range;

(I) North arrow and graphic scale;

(J) Boundaries of all blocks, the designation of lots, lot lines and dimensions;

(K) Location, names and widths of all existing and proposed roads, streets and access easements within the proposed short subdivision, subdivision, or binding site plan;

(L) All existing or proposed dedications for any public purpose or for the common use of the property owners of the land division with description of the purpose of the common area;

(M) Location of known existing buildings, septic tanks, drainfields, wells, overhead and underground utilities, railroad lines, municipal boundaries, section lines, township lines, and other important features existing upon, over or under the land or other improvements, indicating if they will remain or be removed;

(N) Location of any natural features such as wooded areas, streams, drainage ways, manmade ponds, irrigation ditches or critical areas as defined in Title 11;

(O) Topographic information at ten-foot intervals, identification of the existing drainage pattern and any creeks or other drainage facilities. The administrator may require five- or one-foot intervals as necessary to show appropriate detail;

(P) The location of on-site septic soil evaluations;

(Q) Location of flood plain boundaries, one hundred and five hundred year and floodway;

(R) Shoreline environmental boundaries and designation; and

(S) The location of any of the foregoing improvements which may be required to be constructed beyond the boundaries of the subdivision shall be shown on the preliminary plat map or on the vicinity map as appropriate;

(2) When required, surveys shall be made by or under the supervision of a land surveyor registered in the state of Washington who shall certify on the plat that it is a true and correct representation of the lands actually surveyed. All survey work shall conform to standard practices and principles for land surveying (WAC and RCW);

(3) Name, address and telephone number of the owner of the subject property and the person with whom official contact should be made regarding the division of land;

(4) If phasing, the probable boundaries of each subdivision or phase shall be shown on the preliminary plat;

(5) For Binding Site Plans and Boundary Line Adjustment. A plat certificate dated within one hundred twenty days of application submittal or one copy each of all involved property owners’ recorded deeds, verifying current ownership and all easements of the subject property;

(6) Preliminary map(s) shall include a reduced copy at eight and one-half inches by eleven inches or eleven inches by seventeen inches or shall be submitted in an electronic format, such as a PDF;

(7) An accurate and complete legal description of the subject property with the source of the legal description;

(8) Submit an environmental checklist for preliminary subdivisions, short subdivisions, binding site plans, short or cluster subdivisions, as required by Title 13;

(9) A detailed written narrative describing the proposal including, but not limited to, the number of proposed lots, nature of surrounding properties, proposed access, traffic circulation, utilities, storm water and timing of phasing of the development;

(10) When necessary, soils evaluation(s) for septic system in conformance with the requirements of WAC 246-272A-0220;

(11) When applicable, road plans and profiles required for subdivisions and binding site plans;

(12) When applicable, traffic impact study meeting the requirements of Section 15.30.940. (Res. 2010-68 (Exh. A) (part), 7/13/10).

12.12.040 Land suitable for cluster subdivisions.

The use of cluster subdivisions is voluntary on the part of an applicant and represents a land division development. Proposals for cluster subdivisions shall meet the following criteria:

(1) Cluster subdivisions may occur within the AC, FC, RR20, RR10 and RR5 zoning districts when the parcel is greater than one hundred and fifty percent of the minimum required area of the underlying zoning district and minimally results in at least two buildable lots and one open space lot.

(2) Cluster subdivisions shall meet the requirements of this title, specifically Section 12.04.020.

(3) Density Calculations. Only buildable lots shall be counted when establishing density. Open space, except under Section 12.12.050(4)(A), shall not be counted when calculating density or determining appropriate subdivision process.

(4) Clustered densities may be allocated across intervening ownership, such as right-of-way, easements, canals, rivers, etc.

(5) Cluster subdivisions meeting the requirements of subsection (1) of this section may be allowed in the RR2.5 zoning district without bonus density.

(6) Cluster subdivisions meeting the requirements of subsection (1) of this section may be allowed in all zoning districts without bonus density when necessary for the preservation of critical areas or cultural resources identified by Chelan County Code, tribal reports or the State Department of Archaeology. (Res. 2010-68 (Exh. A) (part), 7/13/10).

12.12.050 Required features for cluster subdivisions.

(1) The following features are required for all cluster subdivisions:

(A) Lot design shall group building lots in a manner to maximize open space, preserve natural habitat and protect critical areas. A checker board, or alternating of open space and buildable lots, type of layout is incompatible with clustering.

(B) Within the AC zoning district, the applicant should locate the buildable lots on land which will retain the optimal agricultural land for production. Optimal agricultural land shall include topography, slope, historical productions, soil type, etc.

(D) When clustering on steep slopes or other land development limitations, multiple clustering of groups of two or more buildable lots may be placed throughout the development, provided the following can be met:

(i) Buildable lots take advantage of natural shelves and terraces or as appropriate for geography and terrain; and

(ii) Placement of lots minimizes grading.

(2) Density within a Cluster Subdivision. The use of clustering supersedes the individual lot size and density requirements found in the Chelan County zoning regulations. The density allowed for the project shall be determined as follows:

(A) The base density of the parent parcel shall be calculated by dividing the minimum lot size for the zoning district into the gross area of the parent parcel. The gross area shall be measured, as defined in Title 11, to the centerline of adjoining rights-of-way. Parcels with split zoning designations shall be calculated and rounded up prior to multiplication of bonus density.

(B) The density bonus shall be one hundred fifty percent (or 1.5) plus the additional bonus, resulting from the incorporation of applicable qualifying public benefit features as described in subsection (2)(F) of this section up to the maximum two hundred percent.

(C) For proposals meeting the criteria of Section 12.12.040(1) the total number of lots allowed for the project shall be determined by multiplying the base density by the density bonus and rounding up to the next whole number but not to exceed two hundred percent from what would otherwise be allowed in the zoning district.

(D) For proposals meeting the criteria of Section 12.12.040(5) or (6) the total number of lots allowed for the project shall be determined by rounding the base density up to the next whole number.

(E) Open space shall not include any developed areas, including right-of-way (built or un-built), but may include development open space features and snow easements.

(F) For example:


Zoning District	RR2.5	RR5	RR10	RR20	AC	FC
Minimum Required Acres (Zoning Minimum x 151%)	3.76	7.55	15.1	30.2	15.1	30.2
Required 70% Open Space	(3.76 x 70%) = 2.63	5.285	10.57	21.14	10.57	21.14
Minimum Number of Buildable Lots (Min. Acres x Zoning Density)	(3.76/2.5) = 1.5 rounds to 2	(7.55/5) x 150% = 2.26 rounds to 3	3	3	3	3
Incentive Density Increase for Public Benefit Features up to 200%	N/A	(7.55/5) x 200% = 3.02 rounds to 4	4	4	4	4

* Split zoning calculation example: Parent parcel with 7.55 acres in RR5 zoning and 15.1 in RR10 zoning, (7.55 divided by 5 equals 1.51 rounded to 2) plus (15.1 divided by 10 equals 1.51 rounds to 2) total of 4 buildable lots.

(G) The public benefit incentives, listed in the table below, may be incorporated into a proposal for an additional density bonus. The total density bonus may not exceed two hundred percent from what would otherwise be allowed in the zoning district. The applicant shall provide documentation of and assurance of each benefit to guarantee full implementation and maintenance of incentives. Public benefit incentives may include:


Public Benefit Feature	Density Increase Allowed (No Fractional Increase)
i. Additional Open Space: to be preserved and maintained for its scenic value, recreation, conservation, or habitat purposes 3% of gross land (for a total of 73% of gross land in open space) 6% of gross land 9% of gross land 12% of gross land 15% of gross land	10% 20% 30% 40% 50%
ii. Road Design: provides interconnectivity to surrounding parcels	5%
iii. Open Space, Wildlife and Vegetation Enhancement: habitat management or planting plan approved by community development and meeting the standards of Washington State Department of Fish and Wildlife. Habitat corridor connectivity must be included to receive full credit	5%
iv. Greenbelt, at least 20' wide, developed and maintained through the building lots (nonopen space). May abut adjacent open space. Must be designated easement which may be maintained as landscape or enhanced with native plants and features	5%
v. Optional public benefit features, not addressed above, may be proposed by the applicant and shall be considered for approval by the Chelan County administrator or hearing examiner when consistent with the intent of the comprehensive plan, shoreline master program or subarea plan	10%
vi. Agricultural productions, maintained on the majority of the open space	10%

(3) Dimensional Standards.

(A) Minimum Lot Size. For individual lots, approved cluster subdivision shall be the minimum required by the Chelan-Douglas health district to meet provisions for domestic water and sewer, accommodate minimum setback requirements, and building envelopes.

(B) Minimum Setback Distances.

(i) Setbacks for the portion of the development that is on the perimeter of the project site shall be the setbacks required by the underlying zone.

(ii) Setback for structures internal to the development may be altered to the extent allowed by the International Building/Fire Codes (IBC)/(IFC), Chelan County shoreline master program, and Title 11, Zoning.

(iii) All buffer requirements, such as shoreline buffers, must be identified and protected.

(C) Maximum Lot Coverage. For individual lots or parcels, the maximum lot coverage shall not exceed the requirements of the underlying zone.

(4) Types of Open Space.

(A) Open Space Exemption. The applicant may choose to use the open space as a buildable lot, provided the following requirements are met:

(i) Individual ownership within the open space lot is clearly defined, including private yard and buildable areas, and is maintained as a separate space.

(ii) An open space lot management plan shall be submitted and approved, by the administrator or hearing examiner, with the preliminary application. The plan shall identify permitted uses and management of the reserve lot so that it maintains its designated functions and provides for the protection of all critical areas. The management plan shall identify who is responsible for maintaining the open space lot. The plan shall clearly identify the building area (current and future) including the yard along with any associated buffers or setbacks; this area shall not be calculated as open space. The building area shall not be expanded, unless by plat alteration or future land division. The plan shall also include a description of any construction activities (trails, fencing, recreation, buildings or similar improvements) and vegetation clearing that may occur on site. All subsequent activities must be conducted in conformance with the approved management plan. Management plans may be modified pursuant to Section 14.10.020.

(B) Individually Owned Open Space Standards.

(i) The open space within the cluster development may be privately owned.

(ii) Privately owned open space in a cluster development shall meet the following standards:

(a) Privately owned open space must be maintained in its natural condition or used for agricultural, forest or recreational purposes.

(b) No accessory structures shall be allowed within privately owned open space, except for structures appurtenant to utilities, agricultural and forest uses, which cover less than ten percent of the open space.

(i) The location, shape, size and character of the open space must be suitable for its intended use.

(ii) Common open space must be managed for its intended use. The buildings, structures and improvements which are permitted in the common open space must be appropriate to the uses which are authorized and the structures shall cover less than ten percent of the open space.

(iii) The preliminary development plan and program shall include a provision which assures retention and maintenance of the open space in a cluster development. Such assurances may be undertaken in forms approved by the administrator or hearing examiner.

(iv) All legal documents necessary to implement this requirement (typically in the form of notice to title) shall be filed by the applicant with the final cluster development plan and program, and shall be subject to approval as to form by the administrator. Recorded documentation shall be noted, by the assessor’s file number, on the Mylar for reference. (Res. 2014-38 (Atts. A, B) (part), 4/15/14; Res. 2010-68 (Exh. A) (part), 7/13/10).

12.12.060 Finalizing preliminary subdivision.

All preliminary approved subdivisions shall finalize using the requirements of Chapter 12.24. (Res. 2010-68 (Exh. A) (part), 7/13/10).