Chapter 17.09
FEE SIMPLE UNIT LOT SUBDIVISIONS
Sections:
17.09.010 Purpose and applicability.
17.09.030 Procedure for preliminary fee simple unit lot subdivision.
17.09.040 Requirements for a complete application.
17.09.050 Review of fee simple unit lot subdivision application.
17.09.060 Criteria for approval.
17.09.070 Time limitation for final decision.
17.09.080 Effect of preliminary fee simple unit lot subdivision approval – Expiration.
17.09.090 Deadline for submission of final fee simple unit lot subdivision application.
17.09.100 Revisions to an approved fee simple unit lot subdivision.
17.09.010 Purpose and applicability.
The purpose of this chapter is to establish the fee simple unit lot subdivision procedure for the following limited circumstances only:
A. To divide land for townhouses, cottage housing developments and single-family residences where all of the following conditions apply:
1. Underlying zoning standards otherwise allow multiple units of these housing types on a single lot or parcel without subdividing the land; and
2. Fee simple unit lot subdivisions are specified as a permissible type of development in the underlying zoning district. (Ord. 2658 § 2, 2015).
17.09.020 Administration.
Fee simple unit lots subdivisions are subject to the provisions of Chapters 17.03 (short subdivisions), 17.04 (preliminary plats), and 17.07 MTMC (final plats), based upon the number of lots created through the fee simple unit subdivision process. (Ord. 2658 § 2, 2015).
17.09.030 Procedure for preliminary fee simple unit lot subdivision.
The following steps shall be followed in the processing of preliminary fee simple unit lot subdivision applications:
A. MTMC 18.05.110, completeness and requests for additional information;
B. MTMC 18.05.120, public notices of application;
C. Chapter 16.05 MTMC, SEPA;
D. MTMC 17.09.060, determination of consistency with approval criteria;
E. MTMC 18.05.127, notice of public hearing;
F. MTMC 18.05.180, procedures for public hearings;
G. MTMC 18.05.128, notice of decision;
H. MTMC 18.05.230, filing administrative appeals; or
I. MTMC 18.05.260, judicial appeals. (Ord. 2811 § 22, 2022; Ord. 2658 § 2, 2015).
17.09.040 Requirements for a complete application.
The following materials shall be submitted to the City for a complete preliminary fee simple unit lot subdivision application:1
A. Application Form. An application form provided by the City along with the applicable fee as established by the City in a resolution for this purpose. The application form shall be completed and contain the following information:
1. The proposed name of the proposed fee simple unit lot subdivision, which shall not be the same as the name of any other subdivision or development in the City;
2. Name, address and telephone number of the subdivider and of the owner(s) of the property to be subdivided;
3. Signature of the applicant;
4. Signature(s) of property owner(s) or owner’s authorized representative(s);
5. A verified statement by the applicant(s) that the property affected by the application is in the exclusive ownership of the applicant(s), or, if the property is not in the exclusive ownership of the applicant, a verified statement that the applicant has submitted the application with the consent of all owners of the affected property;
6. Legal description of the property to be subdivided;
7. Other information specified and requested on the application form.
B. Title Report. A title report dated by the title company within 30 days of the date the application was submitted to the City, confirming that the title of the land as described and shown in the plat is in the name of the applicant.
C. Lot Descriptions. Legal descriptions of all proposed lots, boundaries and approximate dimensions, including square feet of lot area for all lots and parcels within the application, together with the numbers to be assigned to each lot.
D. Certificate of Consent and Dedication. A certificate giving full and complete descriptions of the lands divided as they appear on the fee simple unit lot subdivision, including a statement that the fee simple unit lot subdivision has been made with free consent and in accordance with the desires of the owner(s). If the fee simple unit lot subdivision includes a dedication, the certificate shall also contain the dedication of all streets and other areas to the public and individual(s), religious society or societies or to any corporation, public or private, as shown on the subdivision plat and a waiver of all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage and maintenance of any road(s). Prior to final plat approval, the certificate shall be signed and acknowledged before a notary public by all parties having any interest in the lands divided.
E. Site Plan. One original 18-inch by 24-inch drawing, and seven copies, containing the following information:
1. The location and size of all proposed lots, tracts and easements, consistent with separately attached plat map required in subsection F of this section;
2. Proposed site improvements and structures;
3. Any existing structures or site improvements intended to be retained on the site;
4. All proposed uses, including existing uses intended to be retained;
5. The location of proposed or existing open space, including any required landscaped areas;
6. The location and identification of critical areas;
7. Adjacent streets, access easements and proposed locations and dimensions of driveways providing access to the site;
8. The layout of an internal vehicular and pedestrian circulation system, including proposed ingress and egress for vehicles and emergency vehicle access;
9. Location of existing and proposed fire hydrants;
10. The number and location of proposed or existing parking spaces on the site, and on streets directly abutting the site;
11. The location of utilities and drainage systems proposed to serve the site;
12. The location and size of water bodies and drainage features, both natural and manmade;
13. A layout of sewers and the proposed water distribution system;
14. Proposed easements and access;
15. Proposed freestanding signage;
16. Depictions of easements, deed restrictions and other encumbrances referenced in subsections F and T of this section.
F. Plat Map. One original 18-inch by 24-inch drawing, and seven copies of a map labeled, “Plat of __________ Fee Simple Unit Lot Subdivision” (insert name of plat) showing only existing and proposed lot and tract lines, easement lines (including necessary maintenance and/or construction easements for buildings with zero setbacks from property lines), rights-of-way lines, dimensions, bearings, monuments, lot numbers, and other descriptions and illustrations of how the site is to be legally accessed, divided and described, consistent with separately attached site plan required under subsection E of this section. For divisions of nine or fewer lots, the plat map shall be formatted as prescribed in MTMC 17.03.040(G) and (H) (short plats). For divisions of 10 or more lots, the plat map shall meet the requirements of MTMC 17.04.040(E) (preliminary subdivision plats) and 17.07.050 (final subdivision plats).
G. Elevation and Floor Plans. One original 18-inch by 24-inch drawing, and seven copies of elevation drawings and floor plans as known.
H. Utilities Plan. One original 18-inch by 24-inch drawing, and seven copies of a utilities plan showing the location and size of utility trunk lines, lateral lines, water, electric, gas, and telecommunication lines, utility vaults and transformers both existing and proposed to serve the site.
I. Topography Map. One original 18-inch by 24-inch drawing, and seven copies of a topography map.
J. Grading Plan. One original 18-inch by 24-inch drawing, and seven copies of a grading plan showing proposed clearing and tree retention and the existing and proposed topography, detailed to two-foot contours, unless smaller contour intervals are otherwise specified by the City code.
K. Drainage Plan. One original 18-inch by 24-inch drawing, and seven copies of a drainage plan which will accommodate the maximum proposed square footage of impervious surface, including the maximum proposed square footage of impervious surface exposed to vehicular use, subject to the requirements of the City’s stormwater drainage design standards.
L. Drainage Analysis. A downstream drainage analysis or any other requirement specified in the City’s surface water design manual, site development regulations or Surface Water Policy Ordinance.
M. SEPA Checklist. A completed SEPA environmental checklist (if applicable).
N. Common Area Documents. All covenants, easements, maintenance agreements or other documents regarding mutual use of easements, common open space, parking and access.
O. Sewer Availability Certificate. Sanitary sewer availability certificate from the public sanitary sewer service provider, if other than the City, for an area not served by or intended to be served by the City.
P. Water Availability Certificate. Water availability certificate from the water purveyor providing service to the property if other than the City for an area not served by or intended to be served by the City.
Q. Existing Encumbrance Documents. Copies of all easements, deed restrictions or other encumbrances restricting the use of the site.
R. Phasing Plan. A phasing plan and time schedule, if the site is intended to be developed in phases.
S. Fees. The payment of all applicable fees as prescribed in the City’s fee schedule.
T. Proposed Restrictions. Draft covenants, conditions and restrictions labeled “CC&Rs” or any other restrictions or easements that may apply.
U. Additional Information as Required for Short and Preliminary Plats. Any additional information required under MTMC 17.03.040 for short subdivisions, or MTMC 17.04.040 for preliminary plats (depending on number of lots in proposed fee simple unit lot subdivision).
V. Statement of Waiver. For divisions of nine or fewer lots (short plats), the application must include a written statement of the applicant waiving his or her rights to the 30-day review period under MTMC 17.03.070 and RCW 58.17.140. (Ord. 2658 § 2, 2015).
17.09.050 Review of fee simple unit lot subdivision application.
A. Transmittal for Review and Comment. Once the preliminary fee simple unit lot subdivision application has been determined complete, the Director shall transmit for review and comment a copy of the site plans, together with copies of any document the Director determines are appropriate, to the following:
1. The Public Works Director, who shall review the elements of the application relating to traffic, utilities, storm drainage, streets, alleys, public ways, sidewalks, water, sanitary sewer, drainage, and determine whether it satisfies the requirements of MTMC 17.09.060;
2. The City Fire Marshal, who shall review the elements of the application relating to conformance to the Fire Code and emergency access;
3. Any other City officer, department, utility provider, or school district, as the Director deems appropriate;
4. If the proposed preliminary fee simple unit lot subdivision is located adjacent to the right-of-way of a state highway, the Director shall give written notice of the application, including a legal description of the fee simple unit lot subdivision and a location map, to the State Department of Transportation; and
5. If the proposed preliminary fee simple unit lot subdivision is located in whole or in part in a designated floodplain as provided in Chapter 86.16 RCW, the Director shall give written notice of the application, including a legal description of the fee simple unit lot subdivision and a location map, to the State Department of Ecology.
B. In addition to the transmittal of copies of the application materials to the officers, departments and agencies identified in subsection A of this section, the Director shall also specify the deadline for submission of any comments or determinations of said officers, departments and agencies as to the conformance of the application with the criteria for approval in MTMC 17.09.060. (Ord. 2658 § 2, 2015).
17.09.060 Criteria for approval.
A. Required Findings for Applicant. The applicant for a preliminary fee simple unit lot subdivision must demonstrate that the application complies with all of the following:
1. All applicable statutory provisions, including but not limited to RCW 58.17.195;
2. All applicable provisions of Chapter 17.03 MTMC (short subdivisions) for divisions of nine lots or fewer;
3. All applicable provisions of Chapter 17.04 MTMC (preliminary plats) for divisions of 10 lots or more;
4. The City’s Zoning and Building Codes, and all other applicable laws of the appropriate jurisdictions, including but not limited to the Health Department;
5. The City’s Comprehensive Plan and all related elements, including, but not limited to the Comprehensive Plan’s capital facilities, water, sewer and transportation elements;
6. Easements have been provided for maintenance of and access to walls, roofs and features of structures that are accessible only across abutting parcels;
7. Encroachment easements have been provided for any minor encroachments that may extend into abutting parcels, such as eaves, window sills, bay windows, and similar features purposefully designed to encroach over individual property lines within the fee simple unit lot subdivision.
B. Required Findings and Conclusions for City Approval. A proposed preliminary fee simple unit lot subdivision application shall not be approved unless the City makes written findings and conclusions that:
1. All of the requirements in subsection A of this section are satisfied;
2. The collective lots in the property included in the preliminary fee simple unit lot subdivision will function as one site with respect to, but not limited to, lot access, interior circulation, open space, landscaping, drainage facilities, facility maintenance and parking;
3. Appropriate provisions are made for the public health, safety and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, and parks and recreation;
4. The public use and interest will be served by the approval of the fee simple unit lot subdivision;
5. The fee simple unit lot subdivision includes the following statement:
All development and use of the land described herein shall be in accordance with this fee simple unit lot subdivision, as it may be amended with the approval of the City, and in accordance with other governmental permits, approvals, regulations, requirements and restrictions that may be imposed upon such land and the development and use thereof. Upon completion, the improvements on the land shall be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners’ associations have a membership or other legal or beneficial interest. This fee simple unit lot subdivision shall be binding upon all persons or entities now or hereafter having any interest in the land described herein.
6. The conditions of use, maintenance and restrictions on redevelopment of shared open space, parking, access and other improvements are identified and enforced by the covenants, easements or other similar mechanisms;
7. The applicant agrees to install and dedicate all public facilities prior to the City’s approval of the final fee simple unit lot subdivision, unless the applicant has executed a subdivision improvement agreement and has provided the necessary security for the agreement. (Ord. 2658 § 2, 2015).
17.09.070 Time limitation for final decision.
A preliminary fee simple unit lot subdivision application shall be approved, approved with conditions or denied within 120 days after a complete application has been submitted, unless the applicant consents to an extension in writing of such time period; provided, that if an environmental impact statement is required as provided in RCW 43.21C.030, the 120-day period shall not include the time spent preparing and circulating the environmental impact statement by the City. (Ord. 2658 § 2, 2015).
17.09.080 Effect of preliminary fee simple unit lot subdivision approval – Expiration.
A. Approval of the preliminary fee simple unit lot subdivision by the City shall constitute direction to the applicant to develop construction plans and specifications for the required public facilities, in strict conformance with the approved preliminary fee simple unit lot subdivision, the street and utility standards adopted by the City and any special conditions imposed on the approval.
B. Permission shall not be granted for installation of required public facilities until all construction plans and specifications have been approved in writing by the City Engineer, pursuant to MTMC 17.06.020.
C. Preliminary fee simple unit lot subdivision approval shall expire if a final fee simple unit lot subdivision plat application has not been submitted pursuant to the deadlines established in MTMC 17.04.090 (for divisions of 10 or more lots) or 17.03.080 (for divisions of nine or fewer lots). (Ord. 2658 § 2, 2015).
17.09.090 Deadline for submission of final fee simple unit lot subdivision application.
A. For divisions of nine lots or less, all improvements and construction must be completed before short plat recordation unless the applicant has entered into a subdivision improvement agreement with the City (as allowed by Chapter 17.06 MTMC), in which the subdivider contracts with the City to either construct or defer required public facilities, contingent upon the posting of the necessary security.
B. For divisions of 10 lots or more, a final fee simple unit lot subdivision application meeting all of the requirements of the preliminary fee simple unit lot subdivision approval and this title shall be submitted to the City within five years of the date of preliminary fee simple unit lot subdivision approval. Final fee simple unit lot subdivisions shall be processed according to Chapter 17.07 MTMC. (Ord. 2658 § 2, 2015).
17.09.100 Revisions to an approved fee simple unit lot subdivision.
An application for a revision to an approved preliminary fee simple unit lot subdivision may be submitted before a final fee simple unit lot subdivision application is submitted, as follows:
A. Minor Revisions to an Approved Preliminary Fee Simple Unit Lot Subdivision. The Director is authorized to make the determination on a minor revision to an approved fee simple unit lot subdivision without a public hearing.
1. Defined. Minor revisions to an approved preliminary fee simple unit lot subdivision are those which do not change: (a) the outer boundaries of the fee simple unit lot subdivision (other than for survey discrepancies); (b) the dimension of lot lines within the fee simple unit lot subdivision by more than two percent; (c) the conditions of preliminary fee simple unit lot subdivision approval; (d) road alignments or connections and/or do not increase the number of lots.
2. Application. A complete application for a preliminary fee simple unit lot subdivision revision shall consist of the following:
a. Application form and filing fee;
b. Site plan showing the proposed modification, using the same plan format as in the original approval;
c. Explanation in narrative form of the requested modification.
3. Processing. The following steps shall be followed in the processing of an application for a minor revision:
a. MTMC 18.05.110, determination of completeness and requests for additional information;
b. MTMC 18.05.120, public notices of application;
c. Chapter 16.05 MTMC, SEPA (unless exempt under WAC 197-11-800);
d. Subsection (A)(4) of this section, determination of consistency with approval criteria;
e. MTMC 18.05.128, notice of decision;
f. MTMC 18.05.230, filing administrative appeals.
4. Criteria for Approval. The Director shall approve, approve with conditions or deny a proposed minor preliminary fee simple unit lot subdivision revision application, as long as the applicant demonstrates that all of the following criteria are satisfied:
a. The proposed revision meets the criteria in MTMC 17.09.050(A);
b. The revision will not be inconsistent with, or cause the fee simple unit lot subdivision to be inconsistent with, the findings, conclusions or decision made by the City in its approval of the preliminary fee simple unit lot subdivision; and
c. Approval of the revision will not affect the ability of the collective lots in the property included in the preliminary fee simple unit lot subdivision to function as one site with respect to, but not limited to, lot access, interior circulation, open space, landscaping, drainage facilities, facility maintenance and parking.
5. Time Limitation for Final Decision. The minor preliminary fee simple unit lot subdivision revision application shall be approved, approved with conditions or denied within 120 days after a complete application is submitted, unless the applicant consents to an extension in writing of such time period; provided, that if an environmental impact statement is required as provided in RCW 43.21C.030, the 120-day period shall not include the time spent preparing and circulating the environmental impact statement by the City.
6. Deadline for Submission of Final Fee Simple Unit Lot Subdivision Not Extended. Approval of a minor preliminary fee simple unit lot subdivision revision shall not extend the deadline set forth in MTMC 17.09.090 for submission of a final fee simple unit lot subdivision application to the City.
B. Major Revisions to an Approved Fee Simple Unit Lot Subdivision. Major revisions to approved preliminary fee simple unit lot subdivision are defined and processed as follows:
1. Defined. A major preliminary fee simple unit lot subdivision revision is any application for a revision of a preliminary fee simple unit lot subdivision that does not meet the definition of a minor preliminary fee simple unit lot subdivision revision.
2. Application. An application for a major preliminary fee simple unit lot subdivision revision shall include all of the elements of a complete preliminary fee simple unit lot subdivision application.
3. Criteria for Approval, Time Limitation for Final Decision. The criteria for approval and the time limitation for a final decision of a major preliminary fee simple unit lot subdivision revision shall be the same as those for a preliminary fee simple unit lot subdivision application.
4. Deadline for Submission of Final Fee Simple Unit Lot Subdivision Not Extended. Approval of a major preliminary fee simple unit lot subdivision revision shall not extend the deadline set forth in MTMC 17.09.090 for submission of a final fee simple unit lot subdivision application to the City. (Ord. 2811 § 23, 2022; Ord. 2658 § 2, 2015).
Where sheet sizes of 18 by 24-inch sheet sizes are specified, larger size sheets may be submitted in addition to the 18-inch by 24-inch sheet size to facilitate preliminary review, but the 18-inch by 24-inch size is required to show that required information can be legibly formatted and fitted to the sheet size required for recording.