Chapter 17.65*
UNIT LOT SUBDIVISIONS
Sections:
17.65.030 Application submittal requirements.
17.65.040 Street standard alternatives.
17.65.070 Final review requirements.
17.65.090 Expiration and extension of time.
17.65.100 Unit lot modifications.
* Code reviser’s note: Section 7 of Ord. 2024-03 provides: “This interim zoning ordinance shall take effect immediately, and shall remain effective for 12 months, unless terminated earlier by the City Council. Provided that the Council may, at its sole discretion, renew the interim zoning ordinance for one or more six-month periods in accordance with state law.”
17.65.010 Purpose.
The purpose of this chapter is to provide an alternative to the traditional method of land division. The unit lot subdivision (ULS) process provides opportunities for fee-simple ownership of land. Unit lot subdivisions allow development on individual unit lots to avoid complying with typical dimensional standards if the parent lot conforms to all such development standards. (Ord. 2024-03 § 2 (Exh. A), 2024)
17.65.020 General standards.
A. The provisions of this section apply exclusively to the unit lot subdivision of land for detached dwellings in RM and RH zoning districts, attached multifamily dwellings in zoning districts in which multifamily dwellings are permitted, cottage housing, and manufactured or mobile home parks.
B. 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 Title 18, Zoning Ordinance; provided, that overall development of the parent lot meets the development and design standards of the underlying zone and the requirements of this chapter. 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.
C. Overall development of the parent lot shall meet the development and design standards of the underlying land use district.
D. The density of the parent lot shall not exceed the maximum net density of the zone. Only one dwelling unit shall be located on a unit lot.
E. As with dimensional standards, compliance with access standards, including but not limited to fire lanes, neighborhood connectivity, drive aisles, turnarounds, and access of/to the parent lot from/to the street, will be evaluated based on the parent lot’s compliance with such requirements, and not based on whether individual unit lots meet such standards.
F. Except for any site for which a permit has been issued for a detached accessory dwelling unit, lots developed or proposed to be developed with uses described in subsection A of this section may be subdivided into individual unit lots. The development as a whole shall meet development standards applicable at the time the permit application is vested. As a result of the subdivision, development on individual unit lots may be nonconforming as to some or all of the development standards based on analysis of the individual unit lot, except that any private usable open space or private amenity area for each dwelling unit shall be provided on the same unit lot as the dwelling unit it serves.
G. Subsequent platting actions, additions or modifications to the structure(s) may not create or increase any nonconformity of the parent lot.
H. A unit lot subdivision shall make adequate provisions through easements for ingress, egress, emergency services, and utilities access to and from each unit lot created by reserving such common areas or other areas over, under, and across the parent lot as necessary to comply with all applicable development standards. Such easements shall be recorded with the Kitsap County recorder’s office.
I. Access easements, joint use agreements, and maintenance agreements identifying the rights and responsibilities of property owners and any homeowners’ association shall be executed for use and maintenance of common garage, parking, and vehicle access areas, landscaping, underground utilities, common open space, exterior building facades and roofs, any portions of the parent lot not subdivided for individual unit lots, and other similar features, and shall be recorded with the Kitsap County recorder’s office.
J. Portions of the parent site not subdivided for individual unit lots shall be owned in common by the owners of the individual unit lots, or by a homeowners’ association comprised of the owners of the individual unit lots located within the parent lot.
K. Within the parent lot, required parking for a dwelling unit may be provided on a different unit lot than the lot with the dwelling unit, as long as the right to use that parking is formalized by an easement on the plat, as recorded with the Kitsap County recorder.
L. The fact that the unit lot is not a separate buildable lot and that additional development of the individual unit lots may be limited as a result of the application of development standards to the parent lot shall be noted on the plat, as recorded with the Kitsap County recorder.
M. Subsequent platting actions, additions or modifications to the structure(s) may not create or increase any nonconformity of the parcel lot. Changes requiring permitting that affect only the interior of building units will be evaluated for compliance with the requirements only for that unit. Any exterior changes will be evaluated for compliance by considering whether the parent lot would still comply with applicable development standards. Any application for such external changes will require authorization of all owners of affected unit lots or approval of the HOA where changes to commonly owned tracts are proposed.
N. For previously developed lots, eligibility for unit lot subdivision shall be subject to compliance with all standards applicable to the parent lot and proposed unit lots. Inconsistency of existing development with the provisions of this section shall not constitute justification for a variance under Chapter 18.290.
O. Any conflicts between the provisions of this section and the text of other sections in the Poulsbo Municipal Code shall be resolved in favor of the text of this section. (Ord. 2024-03 § 2 (Exh. A), 2024)
17.65.030 Application submittal requirements.
An application for a unit lot subdivision shall contain the following:
A. Completed application form(s) per city requirements and all identified submittal requirements.
B. Required application fees.
C. Unit lot drawings shall include the following:
1. Existing parent lot and lot lines.
2. Proposed new unit lot lines.
3. All existing improvements on the site.
4. Any structures and features to be removed.
5. Critical areas as indicated in Chapter 16.20, located on or within three hundred feet of the property.
6. Legal descriptions of the parent lot and new unit lots, in addition to proposed tracts and easements.
7. Existing and proposed easements, covenants or deed restrictions that may affect development.
8. Structures and driveways within one hundred fifty feet of the property, on both sides of the street.
9. Streets and utilities adjacent to, surrounding or intended to serve the property.
10. Zoning of adjacent properties.
11. Licensed surveyor’s stamp/signature.
D. Demonstrate compliance with current stormwater regulations.
E. All off-site easements necessary to provide access to the unit lot subdivision or to serve the unit lot subdivision with utility infrastructure.
F. A completed SEPA checklist (if required).
G. Any critical areas special reports (if required).
H. Title report or plat certificate (within ninety days of submission, or as set forth on the application form).
I. Any additional information identified by the city as necessary in order to provide a complete review of the proposed unit lot subdivision.
J. All developments using the unit lot process are also required to submit for site plan review per Chapter 18.270 as part of the land division application. The site plan review shall demonstrate compliance with the applicable regulations of Title 18. (Ord. 2024-03 § 2 (Exh. A), 2024)
17.65.040 Street standard alternatives.
The city’s street standards, as set forth in the city’s adopted construction standards, Section 2, may be modified as provided below:
A. On-street parking as required in local access streets table may be clustered at a ratio of one-half parking space per unit. The clustered parking spaces shall be located in parking bays adjacent to a public street or within commonly owned areas. The parking bays shall be sized to appropriate parking stall sizes. The parking bays shall be owned and maintained by the project’s homeowners’ association.
B. When required or proposed, private roads must be a minimum of twenty feet wide for two-way traffic and ten feet wide for one-way traffic (or as otherwise required by the fire department). Additional roadway width may be required if determined necessary for safe vehicle movement, to accommodate grading or other considerations as determined by the city engineer.
1. Private roads shall be placed in a commonly owned tract. The tract shall be owned and maintained in common by the owners of the individual unit lots, or by a homeowners’ association comprised of the owners of the individual unit lots located within the parent lot. Covenants, conditions, and restrictions (CCRs) and sales contracts for unit lots abutting private roads must indicate that the private roads are owned and maintained by the project’s common owners of individual lots or a homeowners’ association.
2. Private roads must gain access from public streets constructed to city standards.
3. If fire department access is to be met by a private road, the proposed private road must meet fire department design standards.
4. A sidewalk on one side of the private road built to city construction standards is required.
5. Private roads shall be paved full width for their entire length. Asphalt and subgrade thickness must meet city construction standards. Street lighting is required.
6. Private roads shall be designed for a minimum twenty mile per hour design speed unless otherwise approved by the city engineer; in no case shall the design speed be less than fifteen miles per hour.
7. A ten-foot utility easement may be required on the outside of the private road.
8. Stormwater collection shall meet city standards. However, the city engineer may allow modifications; provided, that stormwater treatment will be adequate, and safety will not be compromised. A geotechnical analysis of the proposed private road may be required at the discretion of the review engineer.
9. No on-street parking is allowed on private roads unless provided in eight-foot-wide bulb-outs or in parking bays sized to appropriate parking stall sizes. CCRs and sales contracts for lots abutting private roads must indicate no on-street parking is allowed if provisions for parking are not made.
C. Alleys will be considered private roads and must meet the requirements in subsection B of this section with the following exceptions: alleys may provide secondary access, and a sidewalk on one side will not be required. Additional width may be required if determined necessary for safe vehicle movement, to accommodate grading or other considerations as determined by the city engineer.
D. Sidewalks separated from public streets or private roads may be required by the city engineer upon review of the project lot widths and proposed driveway locations.
E. These specific modifications to the city’s construction standards may be utilized in unit lot design, and do not require prior city council approval in order for the application to proceed to the review authority. However, any other modifications to the street standards that may be proposed are subject to the process set forth in the city’s construction standards, Section 2. (Ord. 2024-03 § 2 (Exh. A), 2024)
17.65.050 Decision criteria.
A. A proposed unit lot subdivision may be approved only if the following findings are made by the review authority:
1. The proposed unit lot subdivision conforms to the requirements of this title.
2. The unit lot subdivision conforms to the site requirements for the zoning district in which the property is located and/or other applicable zoning provisions.
3. The unit lot subdivision:
a. Makes adequate provision for access and neighborhood circulation.
b. Will be adequately served with water, sewer, storm drainage, and other utilities appropriate to the nature of the unit lot subdivision.
c. Makes adequate provisions for sidewalks and other planning features that provide safe walking conditions for students who walk to and from school.
d. Makes adequate provisions for critical area protection pursuant to Chapter 16.20.
e. Makes adequate provisions for fire and emergency access and protection.
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. 2024-03 § 2 (Exh. A), 2024)
17.65.060 Approval process.
An application for a unit lot subdivision smaller than five acres in area shall be processed according to the procedures for Type II land use decisions established in Title 19, Project Permit Application Procedures. An application for a unit lot subdivision of five acres or greater shall be processed according to the Type III procedures established in Title 19, Project Permit Application Procedures. (Ord. 2024-03 § 2 (Exh. A), 2024)
17.65.070 Final review requirements.
A. Engineering plans for streets, drainage controls, utilities and other proposed or conditioned improvements shall be prepared, submitted, and reviewed for approval by the city engineer prior to the commencement of on-site clearing or construction activities.
B. Plans and technical information reports required shall be submitted to the city engineer and prepared consistent with the city’s construction standards and specifications requirements.
C. All required facilities and improvements shall be completed prior to unit lot recording, as set forth in Section 17.80.100.
D. The final unit lot survey, drawing and documents prepared for recording shall be submitted to the city engineer for review and approval prior to unit lot recording.
E. All documents necessary for facilities to be dedicated to the public, including but not limited to streets, roads, sanitary sewer facilities, storm drainage systems and water supply systems, shall be submitted to the city engineer for review and approval prior to unit lot recording.
F. When required, a final copy of the unit lots covenants, conditions and restrictions (CCRs) shall be submitted to the city for review and approval prior to unit lot recording. (Ord. 2024-03 § 2 (Exh. A), 2024)
17.65.080 Unit lot recording.
A. The city will record the unit lot subdivision drawing(s) and all other legal documents.
B. Before a unit lot subdivision can be recorded, all foundations, including common wall foundations, shall be installed, and located on the face of the unit lot by the land surveyor of record. The proposed unit lot must be consistent with the approved building permit application in order to record with Kitsap County.
C. The applicant shall submit unit lot drawing(s) for approval and signatures by the planning and economic development (PED) director and city engineer.
D. All drawings and legal descriptions are required to be prepared, stamped and dated by a licensed surveyor as set forth in Section 17.80.080.
E. The unit lot subdivision drawing(s) shall contain the following additional notes:
1. The title of the plat shall include the phrase “Unit Lot Subdivision”;
2. The individual unit lots are not separate buildable sites. Additional development of the individual unit lots may be limited as a result of the application of development standards to the parent lot;
3. Approval of the design and layout of the development was granted by the review of the development, as a whole, on the parent lot;
4. Subsequent platting actions, additions, or modifications to any buildings may not create a nonconformity of the parent lot; and
5. 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.
F. Subdivision of zero-lot-line developments shall provide a five-foot-wide building maintenance easement on adjacent lots for external walls, eaves, chimneys, and other architectural features that rest directly on or within four feet of the lot line. The maintenance easement shall be shown on the face of the plat.
G. A unit lot subdivision does not become effective until all documents are recorded with the Kitsap County auditor. The applicant shall be responsible for submitting all final documents for recording to the city. Recording fees shall be the responsibility of the applicant. (Ord. 2024-03 § 2 (Exh. A), 2024)
17.65.090 Expiration and extension of time.
A. Unit lot subdivision approval shall expire five years from the date of the notice of decision if the unit lot has not been recorded.
B. Upon written request by the property owner filed no less than thirty days prior to the date of expiration, the PED director and city engineer may grant an extension of time up to but not exceeding one year. Any extensions of time shall be based upon finding:
1. There has been no material change of circumstances applicable to the property since unit lot approval.
2. The applicant has attempted in good faith to submit the final short plat within the three-year period and the likelihood that the short plat will be recorded within the additional year.
3. The city shall not grant more than one one-year extension.
C. If the unit lot has not been recorded after the initial three-year validity or after the additional one-year extension, it will be considered expired and a new application will be required to be submitted. (Ord. 2024-03 § 2 (Exh. A), 2024)
17.65.100 Unit lot modifications.
A. Modifications to unit lots after city approval, but prior to recording with the Kitsap County auditor, may be requested by submitting a completed subdivision modification application form, all identified submittal requirements, and the required application fee. All property owners having an ownership interest in the parent lot of the unit lot shall sign the application form.
B. Unit lot modifications shall be processed as a Type I application according to the provisions of Title 19.
C. The following are examples of modifications (but are not limited to), which may be considered and approved under this section:
1. Technical engineering items and details, unless the proposed detail modifies or eliminates features specifically required as an element of approval.
2. Minor changes in lot or tract lines or dimensions, with no change in density or required minimum standards; and minor changes to street alignment or utility design.
3. Reduction in the number of unit lots approved, as long as the modification meets the minimum density requirement.
4. Minor changes to clarify notations on the face of the unit lot.
5. A change to a condition of approval that does not modify the intent of the original condition.
D. When approving a unit lot modification, the review authority shall make written findings and conclusions. Modifications must meet the following criteria:
1. The modification complies with all of the requirements of this chapter and other applicable chapters of the Poulsbo Municipal Code.
2. There will not be substantial changes in the impact on the neighborhood or the city as a result of the modification.
3. No increase in density or lots is proposed.
4. No new land use is proposed.
5. The modification will not substantially alter any condition of approval.
E. Modifications that result in an increase in the number of unit lots and/or density previously approved; significant street or stormwater redesign or relocation; or modifications that in the opinion of the review authority would significantly increase any adverse impacts or effects of the unit lot shall require a new application and fee.
F. The review authority’s decision will be the final decision of the city unless appealed in accordance with Title 19.
G. A statement is required on the unit lot drawing and any other affected documents noting the changes and that the revised plat drawing/documents supersede the originally approved drawing/documents.
H. Modifications to a unit lot shall not amend or extend the established time limit for unit lot approval as provided in Section 17.65.090.
I. Alterations to a unit lot after recording with the Kitsap County auditor shall follow the process established in Chapter 17.90 or through submittal of a new application. Vacations of an approved unit lot shall be made through the vacation process in Chapter 17.90. (Ord. 2024-03 § 2 (Exh. A), 2024)