Title
Subdivision Code Briefing
Recommended Action
Information only. No action requested.
Report
Issue:
Discussion on the state law and City of Olympia subdivision code.
Staff Contact:
Joyce Phillips, Planning Manager, Community Planning and Economic Development, 360.570.3722
Presenter(s):
Joyce Phillips, Planning Manager
Background and Analysis:
State law
The state has requirements that pertain to the subdivision of land. The primary statute that applies is RCW 58.17, Plats - Subdivisions - Dedications. Related statutes address things like survey requirements and impact fees. The 1937 statute was replaced in 1969 with this current statute, which has been updated over the years.
It created two main types of land divisions.
• A short plat, or short subdivision, was originally the creation of four or fewer lots or tracts of land. The number of lots allowed to be created through an administratively reviewed short plat was increased to 9 lots or tracts for cities or the portions of counties in an urban growth area.
• A preliminary plat, or subdivision, is also known as a “major” or “long” subdivision. It requires a public hearing, so it is not administratively reviewed. These subdivisions create ten or more lots and tracts.
A land division known as a Binding Site Plan (BSP) is for the division of commercial or industrial properties. It may be combined with a land use review of the proposed uses and layout for how the land will be developed.
The statute also addresses processes to amend, alter, or vacate a subdivision once it has been recorded.
The movement of a property line is typically known as a Boundary Line Adjustment (BLA). The elimination of a property line is generally known as a Lot Consolidation, which is a type of BLA.
In the last few years, the Subdivision Statute and the Growth Management Act have been amended to require jurisdictions to allow additional land divisions, such as “Unit Lot Subdivisions” and “Lot Splits”. Additional amendments to the subdivision law have been proposed and considered in recent legislative sessions. It is likely that the state will require updates to local subdivision codes in the next few years.
City of Olympia Subdivision Code
Olympia’s Subdivision Code is Title 17 on the Olympia Municipal Code. It has been amended over the years, but it has not had a major overhaul in over a decade. Over the last 10 years, the City has changed to an online application process. As part of that online permit portal, all applications and review maps and documents are uploaded as digital materials. A few years ago, the City completed a major update to its administration code (OMC 18.70), which also included information about how subdivision applications will be reviewed and processed. The administration chapter addresses state requirements about the process and timelines associated with the review of and decisions for various development permits, including subdivisions.
Updating and Reorganizing the Subdivision Code
Staff would like to complete a significant update to the subdivision code, for a variety of reasons. Primarily, these include:
• Update the code to reflect the online permit portal application process
• Remove duplicative processing information and instead refer to OMC 18.70
• Address new state requirements (e.g. lot splits) and options (e.g. administratively reviewed subdivisions)
• Reorganize the Title to better reflect the requirements and review process
The requirements to subdivide land are the same for things like required improvements for streets, domestic water, sanitary sewer, storm and surface water, and surveying. And almost all subdivisions go through a two-step process - preliminary and final review. During preliminary review, the application materials are reviewed. If the proposal meets the city’s applicable requirements, the proposal is approved. The approval includes “conditions of approval” that must be satisfied before final review and approval is given, at which point the subdivision can be recorded and the lots can be sold. These conditions of approval address things like review and approval of engineered construction drawings showing how the required improvements will be met, followed by the construction of the improvements, and then the inspection and approval of those improvements. Conditions of approval may also include off-site improvements to address safe walking routes to schools, improvements to intersections, or the upsizing of utility pipes if needed to serve the new lots being created. If any mitigation measures were deemed necessary during the environmental review under the State Environmental Policy Act (SEPA), those measures are also conditions of approval. Impacts that are addressed through the application of other city codes, such as the Critical Areas Ordinance for the protection of critical areas and their buffers, do not require mitigation under SEPA and are, instead, applicable code requirements. As the City’s codes have become more specific to a wider variety of issues than used to be covered, there is less reliance on SEPA for those types of mitigation measures being required through SEPA.
Because the development requirements (e.g. provide water and sewer stubs to each lot, install any new streets or street improvements such as curb, gutter, sidewalks, street lights, planter strips and street trees) are the same regardless of the type of land division being proposed, it seems that a new subdivision code could be written in a way that removes some of the redundancies in having chapters for preliminary short subdivisions and preliminary major subdivisions. The same could be true for final plat chapters.
Staff are working on a draft subdivision code that will be designed to follow the basic flow of the process, from general provisions to boundary line adjustments, preliminary plats, improvements and dedications, final plats, and then plat amendments, alterations, and vacations.
The intention is to create a more user-friendly code that follows the review process without restating the administrative requirements in OMC 18.70. Ideally, if the new city subdivision code is adopted and then new state requirements are adopted in the next few years, the city will be in a better position for quick and clear amendments to address them, rather than amending a code that has been amended several times over several years. And, in the meantime, the public and staff will benefit from having a clear and well thought out subdivision code that addresses the state requirements while also being consistent with the city’s needs.
Climate Analysis:
Staff will work on the climate analysis for a new subdivision code in the coming weeks. The outcome of that review will be reflected in the next staff report.
Equity Analysis:
Staff will work on the equity analysis for a new subdivision code in the coming weeks. The outcome of that review will be reflected in the next staff report.
Neighborhood/Community Interests (if known):
Unknown. City staff are in the early stages of developing a public participation plan to gather feedback and input from community members.
Options:
1. Receive a briefing of the subdivision code.
2. Receive a briefing on the subdivision code at a later date.
3. Do not receive a briefing on the subdivision code.
Financial Impact:
This work is being completed using staff time and resources from the department’s base budget.
Attachments:
Link to RCW 58.17
Link to OMC Title 17