Section 4-7-090 is subject to an Administrative Code Interpretation: CI-134

4-7-090 UNIT LOT SUBDIVISIONS:

A. PURPOSE:

This Section is intended to allow the creation of unit lots for townhouse and cottage house development through established subdivision procedures while generally only applying development standards to the parent site as a whole rather than to individual unit lots, as discussed in subsection E of this Section, Exceptions.

B. APPLICABILITY:

The provisions of this Section shall only apply to subdivisions in the following cases:

1. New Townhouse Development: Subdivisions in the R-10, R-14, RMF, and CV zones intended for the purpose of new townhouse development.

2. Existing Townhouse Development: Subdivisions in the R-10, R-14, RMF, and CV zones when the existing townhouse developments have received a Certificate of Occupancy before October 17, 2016.

3. Cottage House Developments: Subdivisions in the R-4, R-6, R-8, R-10, and R-14 zones intended for the purpose of new single-family development, including existing single-family dwellings when integrated into proposed cottage house developments. (Ord. 5867, 12-11-2017; Ord. 5917, 12-10-2018)

C. PRINCIPLES OF ACCEPTABILITY:

1. Parent Site: The whole parent site shall comply with all development standards as though it were a standalone lot.

2. Access: The parent site shall have direct vehicular access to a public street. Each unit lot shall have direct vehicular access to either a public or private roadway (see RMC 4-6-060K, Unit Lot Drives).

3. Physical Characteristics: A proposed subdivision may be denied because of the presence of flood, inundation, wetland conditions, steep slopes, unstable soils, mineshafts, or other unsuitable site characteristics. Construction of protective improvements may be required as a condition of approval, and such improvements shall be noted on the final plat.

4. Drainage: Make adequate provision for drainage ways, streets, alleys, other public ways, water supplies and sanitary wastes.

D. SCOPE AND PROCESS:

1. Short Subdivision: Unit lot subdivisions of nine (9) or fewer unit lots shall be processed as short subdivisions, and subject to all provisions of RMC 4-7-070, Detailed Procedures for Short Subdivisions, unless otherwise specified by this Section.

2. Subdivision: Unit lot subdivisions of ten (10) or more unit lots shall be processed as subdivisions, and subject to all provisions of RMC 4-7-080, Detailed Procedures for Subdivision, unless otherwise specified by this Section.

3. Site Plan Review: Unit lot subdivisions shall be subject to RMC 4-9-200, Master Plan and Site Plan Review; however, RMC 4-9-200C2b, SEPA Exempt Development, shall not apply.

E. EXCEPTIONS:

1. Residential Development Standards: Individual unit lots created for townhouses and cottage house developments are exempt from the following standards of RMC 4-2-110A, Development Standards for Residential Zoning Designations (Primary and Attached Accessory Structures): maximum net density, minimum lot size, minimum lot width, minimum lot depth, yard setbacks, maximum building coverage, and maximum impervious surface area.

Individual unit lots created for cottage house development are subject to the provisions of RMC 4-2-110G, Development Standards for Residential Development (Cottage House Development).

2. Landscaping:

a. Townhouse Development: Individual unit lots are exempt from the following subsections of Section 4-4-070, Landscaping:

i. RMC 4-4-070F1, Street Frontage Landscaping Required;

ii. RMC 4-4-070F2, Street Trees and Landscaping Required Within the Right-of-Way on Public Streets; and

iii. RMC 4-4-070F3, Front Yard Trees Required When Street Trees Are Not Located Within the Right-of-Way Abutting a Front Yard.

b. Cottage House Development: Individual unit lots are exempt from RMC 4-4-070F3, Front Yard Trees Required When Street Trees Are Not Located Within the Right-of-Way Abutting a Front Yard.

3. Parking:

a. Townhouse Development: The number of parking spaces required for attached dwellings pursuant to RMC 4-4-080F10d, Parking Spaces Required Based on Land Use, may be averaged and dispersed among unit lots or within the parent site; however, at least one parking space shall be provided within each unit lot.

b. Cottage House Development: The number of parking spaces required for cottage house development pursuant to RMC 4-4-080F10d, Parking Spaces Required Based on Land Use, may be averaged and dispersed within the parent site; provided, that at least one parking space is provided for each unit lot. (Ord. 5917, 12-10-2018)

4. Access:

a. Townhouse Development: Primary access for individual unit lots may be from a public alley.

b. Cottage House Development: Vehicle access is only required for the parent site and not individual unit lots.

5. Existing Nonconforming Developments: Legally established existing townhouse and single-family housing intended for cottage house developments that are nonconforming with respect to development standards (e.g., maximum net density) shall be considered conforming for the purpose of this Section and may be subdivided pursuant to this Section; provided, that as conditions of a unit lot subdivision approval the City may require that any nonconforming development standard be brought into compliance to the extent feasible, as determined by the Administrator.

F. UNIT LOT SUBDIVISION REQUIREMENTS:

1. Unit Lots: Parent sites developed or proposed to be developed with attached townhouse dwellings or cottage houses may be subdivided into unit lots and the remainder of the parent site shall be platted as one or more tracts. The whole parent site shall meet applicable development standards. Any private open space or private amenities for a dwelling unit shall be provided on the same unit lot as the dwelling unit.

2. Siting of Unit Lots: Unit lot subdivisions that propose to incorporate one or more unit lot drives (refer to RMC 4-6-060K, Unit Lot Drives) shall site unit lots as follows:

a. For unit lot drives serving six (6) unit lots or less: At least one unit lot shall be situated towards a public street with nothing other than open space between the public right-of-way and the unit lot.

b. For unit lot drives serving seven (7) unit lots or more: At least two (2) unit lots shall be situated towards a public street with nothing other than open space between the public right-of-way and the unit lots.

3. Parent Site: Prior to a unit lot subdivision or any subsequent platting actions, additions or modifications to the structure(s), the applicant shall demonstrate that the whole parent site will comply with applicable standards and requirements of this Title (i.e., the parent site shall be reviewed as though it is a single lot without any unit lots or tracts within). For example, building coverage of the parent site shall include all qualifying structures within the development, including those located or proposed to be located upon individual unit lots. Portions of the parent site not subdivided for individual unit lots shall be platted as a tract and 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.

4. Density: The density of the parent site shall not exceed the maximum net density of the zone. Only one dwelling unit shall be located on a unit lot.

5. Design and Open Space Standards:

a. Townhouse Development: RMC 4-2-115, Residential Design and Open Space Standards, as applied to the R-10 and R-14 zones shall apply to unit lot subdivisions within the RMF and CV zones. Unit lot subdivisions within the RMF and CV zones shall be exempt from RMC 4-3-100, Urban Design Regulations.

b. Cottage House Development: See RMC 4-2-115, Residential Design and Open Space Standards. (Ord. 5917, 12-10-2018)

6. Homeowners’ Association and Covenants:

a. Covenants and Homeowners’ Association: Prior to the recording of the plat, the applicant shall provide final covenants, declarations and restrictions in a form satisfactory to the City Attorney, and shall record the document with the King County Recorder.

b. Maintenance of Common Facilities: All common open space and facilities, private utility infrastructure, exterior building facades and roofs, and other physical improvements to the land, as determined by the Administrator, shall be maintained in perpetuity by the homeowners’ association, unless otherwise agreed to by the City. The 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. In order to ensure that the City can recover its costs for performing required maintenance, the City may file a lien against the property or accept other appropriate security approved by the City.

7. Timing: Site development and building construction may commence upon approval of a site plan and issuance of a building permit(s) for such construction and prior to final subdivision approval and recording if 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.

8. Recorded Plat: Notes shall be placed on the plat recorded with the King County Recorder to acknowledge the following:

a. The title of the plat shall include the phrase “Unit Lot Subdivision”;

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

c. The individual unit lots are not separate building sites 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. 5818, 10-17-2016; Ord. 6042, 12-13-2021)