HomeMy WebLinkAboutSupplemental Materials: Item 6.4, PPT Subdiv UpdateUpdate of Subdivision
Code: Zero Lot Line and
Unit Short Lot
Subdivisions for Middle
Housing
Jennifer S. Robertson
Medina City Attorney
What is a
subdivision?
"Subdivision" is the division or
redivision of land which creates
buildable lots.
It is the primary method used to
legally create additional lots or tracts
which can be separate building sites.
These lots can then be legally sold.
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What are the types of
subdivisions?
A short subdivision means the division or
redivision of land into four or fewer lots, tracts,
parcels, sites, or divisions for the purpose of
sale, lease, or transfer of ownership.
A subdivision (also called a long subdivision) is
the division or redivision of land into five or
more lots, tracts, parcels, sites, or divisions for
the purpose of sale, lease, or transfer of
ownership.
See MMC 16.12.200.
→Short = 4 or fewer lots
→Long = 5 or more lots
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What is required by Middle
Housing laws?
RCW 36.70A.635(5) requires:
“A city must also allow zero lot line short subdivision where the number of lots created is equal to the unit density required in subsection (1) of this section.”
➢Since the Medina density requirement under middle housing is two middle housing units per lot, this means that Medina must allow a subdivision to take a single residential lot and divide it into two lots.
➢Also, since Medina is “counting” ADUs as part of the density limit, if a lot has two ADUs, then there could be a maximum of three lots (single-family home plus 2 ADU lots). But in this case, those new lots will be forever limited to use for ADU.
What is a “unit lot subdivision”?
A “Unit Lot Subdivision” a type of
subdivision that allows a parent lot
(original lot) to be divided into two
or more unit lots within a
development that also includes
common areas and that is approved
through the unit lot subdivision
process.
A unit lot subdivision may be a type
of short subdivision, or a type of long
subdivision, depending on the
number of lots created.
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What types of middle housing
may use the subdivision code?
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Cottages DADU and
maybe AADU
Duplex (if side-
by-side type)
Courtyard
apartment Townhomes
Subdivisions
are not used for
stacked flats
Draft Code
Updated definitions:
➢Lot
➢Subdivision
➢Short Subdivision
Adds new definitions for:
➢Parent Lot
➢Unit Lot
➢Lot Split
Consistency Amendments
Adding “zero lot line subdivision” and/or “unit
lot subdivision” to code and referencing new
sections or subsections
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Revisions to
MMC
16.73.090 –
Approval
criteria
A new subsection “C” is added to this
Section for short unit lot subdivisions. It
requires:
1.Disallows use for lots that do not meet
minimum lot size if they did not exist
prior to June 30, 2025
▪This ensures that new substandard lots
are not later subdivided
2.Limits division to the density limit for
middle housing
3.Prohibits unit lots from being within
critical area and shoreline buffers and
requires building setbacks from critical
areas consistent with MMC
4.Allows smaller lots but requires
compliance with height and density
requirements for the underlying zone
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Revisions to
MMC
16.73.090 –
Approval
criteria
(continued)
A new subsection “C” is added to this Section
for short unit lot subdivisions. It requires:
5.Requires all lots to be viewed collectively
for maximum lot coverage and density
6.If the division is for ADU, then the new lot
will be forever restricted to that type of
dwelling unit and cannot be converted
later
7.Parking may be on other lots with a
recorded parking easement
8.Must make adequate provision for ingress,
egress, emergency services and utilities,
including recording appropriate
easements
9.If zero lot line, must also comply with
MMC 16.73.095
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Revisions to
MMC
16.73.090 –
Approval
criteria
(continued)
A new subsection “C” is added to this
Section for short unit lot subdivisions. It
requires:
10.Notes on the Unit Lot Plat must include:
▪“The individual unit lots are not separate
buildable lots. Additional development of
the individual unit lots may be limited as
a result of the application of development
standards to the parent lot.”
▪“Approval of the design and layout of the
development was granted by review of
the application of development standards
to the parent lot.”
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Revisions to
MMC
16.73.090 –
Approval
criteria
(continued)
10.Notes on the Unit Lot Plat must include
(continued):
▪“Additional development of the individual
unit lots, including but not limited to
reconstruction, remodel, maintenance,
addition, or changes in use shall comply
with conditions of approval of the short
unit lot subdivision and may be limited as
a result of the application of development
standards to the parent lot or other
applicable regulations.”
▪“Subsequent platting actions, additions,
or modifications to any buildings may not
create a nonconformity of the parent lot
nor create any additional lots.”
▪“Additional divisions of land which create
a new lot shall not be permitted in this
Short Unit Lot Subdivision.”
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What are the limitations for
the Subdivided Property?
MMC 16.73.090(C) (new subsection)
➢Zoning Code still applies unless exception (i.e., lot size, height)
➢Total lot coverage for existing lot is applied to all of the lots collectively (E.G., if the lot coverage for the original lot is 37% and that lot becomes two lots, the lot coverage for the two lots combined, will still be 37%)
➢All unit lots need to be outside of critical areas or buffers
➢Unit lots need not comply with the minimum lot area, minimum density, or dimensional requirements but the overall development of the parent lot must meet the development and design standards of the underlying zone. E.G., setbacks on the exterior of the parent lot must meet code.
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What are the limitations for the
Subdivided Property? (continued)
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Can put parking for units on another area of the property with recorded
easement (i.e., it need not be on the unit lot it serves)
Must provide for ingress, egress, emergency services, and utilities access to
and from each unit lot (with recorded easements)
The individual unit lots are not separate buildable lots in the traditional sense.
Additional development of the individual unit lots may be limited as a
result of the application of development standards to the parent lot .
If one lot is for an ADU, it cannot be converted to a different type of dwelling
unit later.
What are the limitations for the
Subdivided Property? (continued)
➢Subsequent platting actions, additions, or modifications
to any buildings may not create a nonconformity of the
parent lot.
➢Additional divisions of land which create a new lot shall
not be permitted in this Unit Lot Short Subdivision.
➢No creation of nonconformity on parent lot.
➢Non-conforming lots created after June 30, 2025 may not
use the unit lot subdivision process (this keeps later lot
splits from happening).
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Zero Lot Line
Subdivisions
MMC 16.73.095 (new code section)
➢Allows interior setbacks to be zero
➢Requires a 10-foot separation,
except for common wall
construction.
➢Disallows structures in the
easement areas
➢Disallows doors or windows that
loom over abutting property
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Illustrative purposes only. Please note, this level of density is not proposed under
the Medina Middle Housing Ordinance and this many lots would not be allowed
under the proposed unit lot short subdivision ordinance.
Process
Planning Commission review process.
➢Feb - Recommendation for minor amendments (wording update); General support for applying these subdivisions to both long and short subdivision.
➢March 25 – Review Ordinances. They went to Commerce for the 60-day mandatory review on this day. We are here
➢April 22 – Hold Public Hearing
City Council review process.
➢February 28 – Provided direction to limit this to that mandated by RCW 36.70A.635(5).
➢March 24 - Review and discussion. Ordinance has gone to Commerce for review today.
➢April 28 – Review outcome of PC hearing
➢May 12 – City Council Public Hearing
➢May 27 – Action
➢June 30th – State deadline for when MH ordinances must be in effect
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Council
Discussion
and
Questions?
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