The purpose of this chapter is to:
A. 
Provide local rules, regulations, and standards for dividing a lot into sublots and tracts to meet the requirements of state law for middle housing land divisions;
B. 
Provide a legal distinction between the primary lot and the sublots and tracts created by a sublot plat;
C. 
Ensure adequate public facilities, including infrastructure for transportation, water supply, sanitary sewer, and stormwater; and
D. 
Require adequate documentation of the ownership of shared lot elements and the associated responsibility for their maintenance.
(Ord. 22-06 §2)
A. 
Applicability. The provisions of this chapter apply to the platting of sublots and tracts on a lot containing or proposed to contain one of the following types of development:
1. 
Cottage Clusters,
2. 
Courtyard Units,
3. 
Rowhouses,
4. 
Small Form Residential, or
5. 
Accessory Dwelling Units.
B. 
Prohibitions. Stacked dwelling units are prohibited from being divided using the provisions of this chapter.
(Ord. 22-06 §2)
A. 
Conformance with state statute. All sublot plat proposals must comply with all state regulations.
B. 
Resultant land units. The units of land created by a sublot plat are either sublots or tracts and are collectively considered to be a single lot for all but platting and property transfer purposes. All of the provisions of this title continue to apply to the lot and existing or future development on the lot, including but not limited to, the following:
1. 
Lot standards such as size, setbacks, lot coverage, and lot width and depth;
2. 
Designation of housing types on the lot; and
3. 
Allowed number of dwelling units.
C. 
Special flood hazard area dedications. Where land filling or development is allowed within and adjacent to the special flood hazard area outside the zero-foot rise floodway, the city will require the dedication of sufficient open land area for a greenway adjacent to and within the special flood hazard area. This area will include portions at a suitable elevation for the construction of a path, sidewalk, or trail within the special flood hazard area as provided in the adopted trails plan or transportation plan.
D. 
Need for adequate utilities. All sublot plat proposals must provide adequate public utilities and facilities such as sanitary sewer, stormwater, gas, electrical, and water systems to each unit, subject to the standards of each utility provider, and the provisions of Sections 18.910.150 and 18.910.170.
E. 
Need for adequate drainage. All sublot plat proposals must have adequate drainage provided to reduce exposure to flood damage.
F. 
Determination of base flood elevation. Where base flood elevation has not been provided or is not available from another authoritative source, it must be generated for sublot plat proposals and other proposed developments that contain at least 50 units or five acres (whichever is less).
G. 
Adjustments. Adjustments to sublot plat regulations must be made in compliance with Chapter 18.715, Adjustments. Any adjustment request must be processed concurrently with the sublot plat proposal.
H. 
Prohibition on sale of lots. Sale of sublots created through the sublot plat process is prohibited until the final plat is recorded.
I. 
Prohibition on further division. Further division of sublots is prohibited.
(Ord. 22-06 §2)
A. 
Approval through two-step process. A sublot plat application is processed through a two-step process: the preliminary sublot plat and the final sublot plat.
1. 
Preliminary sublot plat. A preliminary plat application is processed through a Type II-Modified procedure, as provided in Section 18.710.070. An application for a preliminary sublot plat may be submitted:
a. 
Concurrently with development permits or applications for site development review or planned development review; or
b. 
At any time after a middle housing development has passed final building inspection or received permanent certificates of occupancy for all units proposed to be included in the sublot plat.
2. 
Final sublot plat. A final sublot plat may only be submitted after the preliminary sublot plat has been approved, and after all development permits have been issued and foundation inspections have been approved for all units proposed to be included in the sublot plat. The final sublot plat must satisfy all conditions of approval from the preliminary sublot plat approval.
B. 
Approval period. Expirations and extensions of approvals are provided in Subsection 18.20.050.G.
(Ord. 22-06 §2)
The approval authority will approve or approve with conditions an application for a preliminary sublot plat when all of the following are met:
A. 
The proposed sublots and tracts must comply with the following standards:
1. 
Each sublot must contain only one dwelling unit.
2. 
Each sublot line must be a minimum of 1.5 feet from the footprint of the associated dwelling unit, except where dwelling units share a common wall; and
3. 
Each sublot line must be a maximum of three feet from the footprint of the associated dwelling unit, except that a single sublot line along a side or rear facade of a unit may be located a maximum of 15 feet from the footprint of the dwelling unit along that facade for the purpose of providing a private outdoor area that meets the following:
a. 
The area must be contiguous;
b. 
The area must be 200 square feet or less, measured as shown in Figure 18.840.1;
c. 
The area must not have any internal dimension of less than five feet; and
d. 
The area must be accessible from a first-story entrance that is not the primary entrance to the dwelling unit.
4. 
All remaining portions of the lot must be placed in one or more tracts under common ownership.
B. 
All utilities within a sublot that serve other sublots must be placed in easements.
C. 
The proposed plat name must not be duplicative.
Figure 18.840.1 Sublot Private Space Adjacent to Required Sublot Line Setbacks
(Ord. 22-06 §2)
A final sublot plat will be approved when all of the following are met:
A. 
The final sublot plat substantially conforms to the approved preliminary sublot plat and all conditions of approval have been met.
B. 
The final plat includes the following:
1. 
A note prohibiting further division of the sublots;
2. 
Labels and descriptions for all tracts;
3. 
A reference to any deed restrictions imposed on the lot or sublots as a condition of approval of the original lot creation, sublot plat, or development approval; and
4. 
An affidavit by the surveyor who surveyed the land represented on the plat indicating the land was correctly surveyed and marked with proper monuments and indicating the initial point of the survey, and giving the dimensions and kind of each monument, and its reference to some corner established by the U.S. survey or giving two or more objects for identifying its location.
C. 
The city's engineering department has provided written confirmation that a sewage disposal system will be available to the sublot line of each sublot depicted in the final sublot plat.
D. 
All public improvements have been installed and inspected in accordance with Section 18.910.190 and have been approved in accordance with Section 18.910.200.
E. 
A copy of the recorded document establishing a homeowners association to manage all commonly held areas located in tracts has been provided to the city. At a minimum this document must include the following:
1. 
A description of the common elements located in tracts.
2. 
An allocation to each unit included in the sublot plat of an undivided and equal interest in the common elements and the method used to establish the allocation.
3. 
An establishment of use rights for common elements, including responsibility for enforcement, and
4. 
A maintenance agreement for common elements, including an allocation or method of determining liability for a failure to maintain.
(Ord. 22-06 §2)