028-19 - Ordinance - Adopting a Nine-Lot Short Subdivision Threshold, Revising Chapters 20.12, 20.80 and 20.86oRDtNANCE NO.028-19
AN ORDINANCE OF THE CIW OF PORT ORCHARD, WASHINGTON,
ADOPTING A NINE-TOT SHORT SUBDIVISION THRESHOTD PER
RCW CHAPTER 58.17.020(6); REVISING CHAPTERS 2O.L2,2O.8O
AND 20.86 OF THE PORTORCHARD MUNICIPALCODE; PROVIDING
FOR SEVERABILIW, CORRECTIONS, AND PUBLICATION; AND
SETTING AN EFFECTIVE DATE.
WHEREAS, the City's Comprehensive Plan was adopted on lune 14,2016 (Ordinance 014-16); and
WHEREAS, Title 20 (Unified Development Code) of the Port Orchard Municipal Code (POMC) was
adopted on June 13, 2017 (Ordinance 019-17); and
wHEREAS, the City of Port Orchard has adopted a comprehensive plan and development
regulations in compliance with Chapter 36.70A RCw (Growth Management Act); and
WHEREAS, POMC Chapter 20.12 currently defines a short subdivision (short plat) as having a
maximum of four (4) lots, tracts, parcels, sites or divisions; and
WHEREAS, RCW 58.17.020(6) provides that a localgovernment planning under RCW 36.704.040
that has adopted a comprehensive plan and development regulations in compliance with RCW 36.70A
may increase the maximum number of lots, tracts, parcels, sites or divisions within a short subdivision to
nine (9); and
WHEREAS, on March 12, 2019 the City Council adopted revised subdivision and building design
sta ndards to ensure the development of attractive and functional neighborhoods (Ord ina nce 011-19); and
WHEREAS, the City Council wishes to increase the short subdivision threshold to nine (9) lots,
tracts, parcels, sites or divisions, consistent with RCW 58.17.020(6); and
WHEREAS, on May 10, 2019, the City provided the Department of Commerce with the required 50-
day notice of the city's intent to amend Title 20 to increase the short subdivision threshold; and
WHEREAS, on May 20,2019, the City issued a SEPA Determination of Non-Significance, and no
comments or appeals were received; and
WHEREAS, the Planning Commission held a public hearing on June 4,2019; and
WHEREAS, the increased short subdivision threshold requires revisions to Chapters 20.L2,20.80
and 20.86 POMC; now, therefore,
WHEREAS, the City Council desires to streamline land use review and permit processing,
encourage the development of affordable housinB, and support infill development of vacant and
underdeveloped land within the city; and
Ordinance No. 028-19
Page 2 of 11
sEcTtoN 1.Findings. The City Council hereby adopts the above recitals as findings in support of
this ordinance
SECTION 2. POMC Chapters Amended - 20.12. The amended definitions for "Plat - Preliminary
PIat", "Short Subdivision" and "Subdivision" found in POMC Title 20 - Unified Development Code, Chapter
20.12, are hereby revised to read as follows:
"Plat - Preliminary plat" means a neat and approximate drawing of a proposed subdivision showing the
general layout of streets and alleys, lots, blocks and other elements of a subdivision consistent with the
requirements of this title. The preliminary plat shall be the basis for the approval or disapproval of the
general layout of a subdivision of ten (10) or more lots.
"Short subdivision" means the division or re-division of land into nine (9) or fewer lots, tracts, parcels or
divisions for the purpose of sale or lease.
"Subdivision" means the division or re-division of land into ten (10) or more lots, tracts, parcels, sites or
divisions for the purpose of sale or lease, or transfer of ownership, and includes all re-subdivision of
land.
SECTION 3. POMC Chaoters Amended - 20.80 and 20.86. The amended chapters of POMC Title
20- Unified Development Code, Chapters 20.80 and 20.86, attached as Exhibit t hereto and incorporated
fully herein by this reference, are hereby adopted in their entirety.
SECTION 4. Severability. Should any section, paragraph, sentence, clause, or phrase of this
ordinance, or its application to any person or circumstance, be declared u nconstitutio na I or otherwise
invalid by a court, board, or tribunal of competent jurisdiction, for any reason, or should any portion of
this ordinance be pre-empted by state or federal law or regulation, such decision or preemption shall not
affect the validity of the remaining portions of this ordinance or its application to other persons or
circumstances.
SECTION 5. Corrections. Upon the approval of the City Attorney, the City Clerk is authorized to
make any necessary corrections to this ordinance including, but not limited to, the correction of
scrivener's/clerical errors, references, ordinance numbering, section/subsection numbers, and any
reference thereto.
CTION 6. Effective Date ; Publication. This ordinance shall take effect and be in full force and
effect five days after publication, as provided by law. An approved summary of this ordinance consisting
of the title shall be published in the official newspaper of the City.
THE CITY COUNCIT OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
Ordinance No. 028-19
Page 3 of 11
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by
the Clerk in authentication of such passage this 13th day of August 2019.
Robert Putaan u, Mayor
ATTEST:SPONSOR:
Brand near50n,MMC, City Clerk Scott Diener, Councilmember
APPROVED AS TO FORM:
n Cates, City Attorney
w..,-\$H
LAES
A
B
PUBLTsHED: llzzllc(l
EFFECIVE D^rE: g f2rlntcl
-?
CHAPTER 2O.8O
GENERAL PROVISIONS - SUBDIVISION CODE
Sections:
20.80.010
20.80.020
20.80.030
20.80.040
20.80.050
20.80.060
20.80.070
20.80.080
Title.
Authority.
Purpose.
Applicability.
Exemptions,
Consent to access.
Limitation of liability.
Seve ra b ility.
20.80.010 Title.
(1) The ordinance codified in this subtitle shall be known as the City of Port Orchard subdivision code.
(2) This chapter shall be entitled "General Provisions." The provisions of this chapter shall apply to all
chapters within this subtitle.
20.80.020 Authority.
This subtitle is adopted pursuant to the provisions of chapter 58.17 RCW and the general police powers
granted to the City pursuant to chapters 35A.13 and 35A.63 RCW and other applicable laws.
20.80.030 Purpose.
The purpose of this subtitle is to provide rules, regulations, requirements, and standards for the
subdivision of land, for obtaining binding site plans, and of the adjustment of existing lot lines within the
City, ensuring:
(1) That the highest feasible quality in subdivisions will be obtained;
(2) That the public health, safety, generalwelfare, and aesthetics ofthe Cityshall bepromotedand
protected, complying with the provisions of Chapter 58.17 RCW;
(3) That orderly growth, development, and the conservation, protection, and proper use of land shall be
promoted;
(4) That the proper provisions for all public facilities, including connectivlty, circulation, utilities, and
services, shall be made;
(5) That maximum advantage of site characteristics shall be taken into consideration;
1
Ordinance No. 028-19
Exhibit 1
Ord inance No. 028-19
Exhibit 1
(6) U ndue and unnecessa ry burdens are not placed on either the applicant or the City; and
(7) That the process shall be in conformance with provisions set forth in Port Orchard Municipal Code;
PMC Title 20, Land Use Code; and the Port Orchard Comprehensive Plan.
20.80.040 Applicability.
(1) The provisions of this subtitle shall apply to all lot line adjustments and the division of any land
within the corporate limits of the City of Port Orchard for sale, lease, transfer, or building
development into two (2) or more parcels, except as expressly stated in this subtitle.
(2) Land use review procedures provided in chapter 20.80 PoMc, Land Use Review Procedures, shall
apply in addition to applicable provisions within this subtitle.
(3) No person, firm, or corporation proposing to make, or having made, any division of land as
described above within the City limits shall enter any contract for the sale of, or shall offer to sell,
any part of the division without having first obtained its approval as a short plat, subdivision plat, or
binding site plan in accordance with this subtitle, unless such agreement for sale complies with RCW
58.17.205.
(4) All contiguous land shall be included in a plat application. Multiple applications or applications
and/or exemptions shall not be utilized as a substitute for comprehensive subdividing in accordance
with the requirements of this subtitle. The applicant shall certify that she/he has included all
contiguous land in a plat application and that she/he does not own or otherwise have a legal
interest in ownership of contiguous parcels.
(5) Any land being divided into nine (9) or fewer parcels, lots, tracts, or sites shall conform to the short
plat provisions of this subtitle. Nothing in this subtitle shall prevent a landowner who has short-
platted a parcel into fewer than nine (9) lots from filing a short plat within a five (5) year period to
create up to a total of nine (9) lots within the boundary of the original short plat. Any land being
divided into ten (10) or more parcels, lots, tracts, or sites for any purpose, and any land which has
been divided under the short plat process within five (5) years, shall conform to the provisions of the
preliminary and final plat procedures of this subtitle. The only exception to this provision shall be
those lands being subdivided through the binding site plan procedures of this subtitle.
20.80.050 Exemptions.
pursuant to RCw 58.17.040, the following activities are not considered short plats or plats and the
provisions of this subtitle shall not apply:
(1) Cemeteries and other burial plots while used for that purpose;
(2) Divisions made by testamentary provisions, or the laws of descent;
(3) Divisions of land into lots or tracts classified for industrial or commercial use when the City has
approved a binding site plan for the use ofthe land in accordance with this chapter;
2
Ordinance No. 028-19
Exhibit 1
(4) A division for the purpose of lease when no residential structure other than mobile homes or travel
trailers are permitted to be placed upon the land when the city has approved a binding site plan for
the use of the land in accordance with this subtitle;
(5) Lot line adjustments made pursuant to this subtitle;
(6) A division for the purpose of leasing land for facilities providing personal wireless services while
used for that purpose. "Personal wireless service" means any federally license personal wireless
service- "Facilities" means unstaffed facilities that are used for the transmission or reception, or
both, of wireless communication services including, but not necessarily limited to, antenna arrays,
transmission cables, equipment shelters and support structures;
(7) A division of land related to the acquisition or exchange of land by public agencies for public use,
except human occupancy, including but not limited to subdivisions made for road construction
purposes;
(8) Portions of property deeded to the city for the limited purpose of providing a right-of-way and/or
utility facilities, such as but not limited to the installation of linear utility facilities, such as electric
power lines, telephone lines, water supply lines, sewer service lines, cable lines or other utility
facilities of a similar or related nature; or a pumphouse, reservoir or well site; provided the
remaining property is not reduced In size below the minimum square footage required by applicable
zoning, that no conflict is created with any applicable design standards for the property, and that
written approval from the Planning Director is received.
(9) Division of land due to condemnation or sale under threat thereof by an agency or division of
government vested with the power of condemnation; if sale is made under threat of condemnation,
such threat must be evidenced by the government agency filing affidavit so stating with the County
Auditor
20.80.060 Consent to access.
All persons applying for approvals under this subtitle shall permit free access to the land subject to the
application to all agencies with jurisdiction considering the proposal for the period of time extending
from the date of application to the time of final action.
20.80.070 Limitationofliability.
It is the specific intent of this subtitle and procedures adopted under this subtitle to place the obligation
of complying with the requirements of this subtitle upon the permittee, and no provision is intended to
impose any duty upon the City, or any of its officers, employees, or agents. Nothing contained in this
subtitle is intended to be or shall be construed to create or form the basis for liability on the part of the
City, or its officers, employees, or agents, for any injury or damage resulting from the failure of the
perm ittee to comply with the provisions of this subtitle, or by reason or in consequence of any act or
omission in connection with the implementation or enforcement of this subtitle or any procedures
adopted under this subtitle by the City, its officers, employees, or agents.
3
Ordinance No. 028-19
Exhibit 1
20.80.080 Severability.
lf any part, sentence, paragraph, subsection, section, or clause of this subtitle is adjudged
unconstitutional, or held invalid, the remainder of the subtitle or the application of the provisions to
other persons, property, structures, or circumstances shall not be affected. Whenever any condition or
limitation is included in an order authorizing a planned development or any site plan approval, it shall be
conclusively presumed that the authorizing officer or body consider such condition or limitation
necessary to carry out the spirit and purpose of this subtitle or the requirement of some provision
hereof, and to protect the public health, safety, and welfare, and that the officer or body would not
have granted the authorization to which the condition or limitation pertains except in the belief that the
condition or limitation was lawful.
4
Ordinance No. 028-19
Exhibit 1
1
CHAPTER 20.86
SHORT SUBDIVISIONS
Sections:
20.86.010 Purpose; scope.
20.86.020 Decision type.
20.86.030 Pre-application conference.
20.86.040 Concurrent review.
20.86.050 Burden of proof
20.86.060 Application submittal requirements.
20.86.070 Additional notice.
20.86.080 Review criteria.
20.86.090 Findings.
20.86.100 Time limitation for final decision.
20.86.110 Construction of improvements.
20.86.120 Restriction on further division.
20.86.130 Submission of final short plat for signature.
20.86.140 Building permits will not issue until improvements are constructed or appropriate
security is posted.
20.86.010 Purpose; scope.
The purpose of the provisions in this chapter is to regulate the subdivision of land into nine (9) or fewer
lots.
20.86.020 Decision type.
A preliminary short plat is a Type II decision and a final short plat is a Type I decision. Short plats shall be
processed in accordance with the procedures for such decision types as set forth in chapter 20.22
POMC.
20.86.030 Pre-application conference.
(1) For the purpose of expediting applications and reducing subdivision and site plan design and
development costs, a developer may request a pre-application conference, pursuant to chapter 20.22
POMC, to discuss land use, site design, required improvements, and conformance with this chapter and
additional applicable provisions of POMC Title 20, Land Use and Development Regulations.
(2) The pre-application conference is advisory only and neither the applicant nor City staff shall be
bound by any determinations made therein.
20.86.040 Concurrent review.
Short subdivision applications may be processed concurrently with other required applications for
planning approval. Multiple applications will be processed according to the requirements of chapter
20.86 POMC.
20.86.050 Burden of proof.
The burden of providing all information necessary to satisfy the requirements of this chapter shall be
upon the applicant requesting the short subdivision. The decision of the Director as to the sufficiency of
Ordinance No. 028-19
Exhibit 1
2
information provided by an applicant shall be considered a final decision for the purposes of this
chapter.
20.86.060 Application submittal requirements.
(1) At a minimum, a short subdivision application shall include the documents set forth below and any
other document or information deemed necessary by the Director, upon notice to the applicant. All
documents shall be in the form specified by the Director and shall contain such information as
deemed necessary by the Director.
(2) The following materials shall be submitted to the City for a complete application for a short
subdivision:
(a) Completed master permit form and payment of associated fees pursuant to chapter 20.86
POMC;
(b) All materials required pursuant to the Director, as well as an electronic version of the materials
to be submitted to the City via an approved method for electronic submission of files.
(3) The submittal requirements are not intended to determine if an application conforms to City of Port
Orchard codes. They are used only to determine if all required materials have been submitted. A
code-related review will occur after a complete application has been submitted.
(4) The Director may waive any sections of the submittal requirements of this section if certain
requirements, plans or reports are determined by the Director to be not reasonably necessary for
review and approval of a given short subdivision application.
20.86.070 Additional notice.
In addition to the notice required for Type I applications pursuant to chapter 20.24.120 POMC, upon
receipt of a complete short subdivision application, the Department shall provide the following
additional notice as applicable:
(1) If the proposed short 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 short
subdivision and a location map, to the State Department of Transportation; and
(2) If the proposed short subdivision is located in whole or in part in a flood control zone as provided in
chapter 86.16 RCW, the Director shall give written notice of the application, including a legal
description of the short subdivision and a location map, to the State Department of Ecology.
20.86.080 Review criteria.
The applicant for a short subdivision must demonstrate that the application complies with all of the
following:
(1) All applicable state statutory provisions, including, but not limited to, RCW 58.17.195;
Ordinance No. 028-19
Exhibit 1
3
(2) All applicable provisions of chapter 20.80 POMC, General Requirements for Subdivision Approval;
(3) No environmental checklist shall be required prior to approval of a short subdivision application
unless:
a. The short subdivision falls within the provision of chapter 20.162 POMC, Critical Areas;
b. The short subdivision falls within the provision of chapter 20.164 POMC, Shoreline Master
Program; or
c. The short subdivision contains more than 4 lots; and
(4) A short subdivision must not increase the likelihood of future applications for critical area buffer
reductions or variances due to the creation of lots, parcels or tracts that are undevelopable or
unusable without a buffer reduction.
20.86.090 Findings.
A proposed short subdivision application shall not be approved unless the Director makes written
findings and conclusions that:
(1) All of the requirements in POMC 20.86.080, Review criteria, are satisfied;
(2) Pursuant to RCW 58.17.110:
(a) 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, parks and recreation, playgrounds, schools and school grounds
and all other relevant facts, including sidewalks and other planning features that assure safe
walking conditions for students who only walk to and from school; and
(b) The public use and interest will be served by the platting of the short subdivision and dedication.
20.86.100 Time limitation for final decision.
A short subdivision application shall be approved, approved with conditions, or denied after
determination that a complete application has been submitted pursuant to chapter 20.24.050, unless
the applicant consents in writing to an extension of such time period or if the preparation of an EIS is
required.
20.86.110 Construction of Improvements.
After approval of a short plat, the subdivider shall have five (5) years to construct all required public
facilities. In lieu of construction within this time period, the subdivider may submit a bond, pursuant to
chapter 20.96 POMC. City Council acceptance may be required for any dedications of land or
improvements to the City.
20.86.120 Restriction on Further Division.
The mylar submitted to the City as provided in 26.15.100 below shall include a statement on the face of
the short plat, pursuant to RCW 58.17.160, that land in a short subdivision may not be further divided in
any manner within a period of five (5) years without the filing of a final plat; except that when the short
Ordinance No. 028-19
Exhibit 1
4
plat contains fewer than nine (9) parcels, nothing in this section shall prevent the owner who filed the
short plat from filing an alteration within the five (5) year period in order to create up to a total of nine
(9) lots within the original short plat boundaries.
20.86.130 Submission of Final Short Plat for Signature.
Prior to the expiration of the five (5) year period for constructing improvements provided for in POMC
20.86.110, and as long as all public facilities required by the short subdivision approval are complete and
the approval conditions have been satisfied, the subdivider shall submit a mylar (and/or related
materials) of the approved short plat to the Director. The mylar and final short plat materials shall
include all of the elements described in POMC 20.86.060. Within thirty (30) days of submission of these
materials, the Director shall confirm that all improvements are complete, that the conditions have been
performed, and that the mylar conforms to the requirements of this chapter. If the Director finds that
all such requirements have been satisfied (or that the applicant has posted a bond pursuant to this
chapter), the Director shall follow the procedure set forth in chapter 20.90.060 for recording of the
short plat.
20.86.140 Building permits will not issue until improvements are constructed or appropriate
security is posted.
If a short subdivision is approved subject to the construction of public facilities or the performance of
conditions, no building permit shall be issued for any property within the boundaries of the short plat
until actual construction of the public facilities (and, in the case of public facilities that will be dedicated
to the City, until after inspection and acceptance of the same by the City), or full performance of the
conditions. This prohibition on the issuance of building permits under this section shall not apply if the
City has allowed the subdivider to post a bond or provide other security to the City in lieu of
construction of the public facilities.
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council
meeting held August 13, 2019.
oRDtNANCE NO.028-19
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
ADOPTING A NINE.LOT SHORT SUBDIVISION THRESHOLD PER
RCW CHAPTER s8.17.020(61; REVISING CHAPTERS 20.12,2O.8o
AND 20.86 OF THE PORT ORCHARD MUNICIPAL CODE; PROVIDING
FOR SEVERABILITY, CORRECTIONS, AND PUBLICATION; AND
SETTING AN EFFECTIVE DATE.
Copies of Ordinance No. 028 19 are available for review at the office of the City Clerk of the City of Port Orchard.
Upon written request, a statement of the full text of the Ordinance will be mailed to any interested person without
charge. Thirty days after publication, copies of Ordinance No. 028-19 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: Friday, August 23, 2019