BILL REQ. #:  S-4231.1 

Read first time 01/16/2006.   Referred to Committee on Financial Institutions, Housing & Consumer Protection.

     AN ACT Relating to the development of affordable housing through flexible short subdivision; amending RCW 58.17.060; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   (1) The legislature finds that there is a large, unmet need for affordable housing in the cities and counties of Washington that is increasing every year. The legislature further finds that many single-family residential neighborhoods were developed at an earlier time at densities less than the maximum allowable under current zoning regulations. The legislature further finds that the growth management act requires increased densities in single-family areas, and that the rising costs of public facilities to accommodate growth coupled with insufficient revenues available for such facilities make infill housing within existing developed areas an economic necessity. The legislature concludes that allowing reasonable development of underutilized parcels of land within urban growth areas has significant potential to provide much-needed affordable ownership housing while also providing resources to existing property owners and their communities.
     (2) The legislature declares that it is the purpose of this act to: (a) Increase the supply of affordable housing without government subsidies or the provision of additional public facilities; (b) encourage moderately priced for-sale housing in single-family neighborhoods and increase housing opportunities for people in a variety of life cycle stages; and (c) provide homeowners with an additional option for the portion of their property that is not required for the use of the existing residential unit.

Sec. 2   RCW 58.17.060 and 1990 1st ex.s. c 17 s 51 are each amended to read as follows:
     (1) The legislative body of a city, town, or county shall adopt regulations and procedures, and appoint administrative personnel for the summary approval of short plats and short subdivisions or alteration or vacation thereof. When an alteration or vacation involves a public dedication, the alteration or vacation shall be processed as provided in RCW 58.17.212 or 58.17.215. Such regulations shall be adopted by ordinance and shall provide that a short plat and short subdivision may be approved only if written findings that are appropriate, as provided in RCW 58.17.110, are made by the administrative personnel, and may contain wholly different requirements than those governing the approval of preliminary and final plats of subdivisions and may require surveys and monumentations and shall require filing of a short plat, or alteration or vacation thereof, for record in the office of the county auditor: PROVIDED, That such regulations must contain a requirement that land in short subdivisions may not be further divided in any manner within a period of five years without the filing of a final plat, except that when the short plat contains fewer than four parcels, nothing in this section shall prevent the owner who filed the short plat from filing an alteration within the five-year period to create up to a total of four lots within the original short plat boundaries: PROVIDED FURTHER, That such regulations are not required to contain a penalty clause as provided in RCW 36.32.120 and may provide for wholly injunctive relief.
     An ordinance requiring a survey shall require that the survey be completed and filed with the application for approval of the short subdivision.
     (2) Cities, towns, and counties shall include in their short plat regulations and procedures pursuant to subsection (1) of this section provisions for considering sidewalks and other planning features that assure safe walking conditions for students who walk to and from school.
     (3)(a) Cities, towns, and counties planning under RCW 36.70A.040 shall provide in their regulations and procedures for the review and approval of short plats and short subdivisions or alteration or vacation thereof that any lot or parcel within a residential zoning district located within an urban growth area as designated under RCW 36.70A.110 that is two or more times the minimum lot size required in the applicable zoning regulation may be divided into two or more lots of regular or irregular shape, provided that:
     (i) The averaged area of all lots created shall not be less than the applicable minimum lot size;
     (ii) All lots created shall have adequate provision for access to a public street, either by direct frontage or easement, and an averaged width and depth of at least fifty percent of the applicable minimum requirements for such lots, if any;
     (iii) All other applicable regulations and procedures shall apply; and
     (iv) All lots created shall be recognized as legal and conforming for purposes of improvement.
     (b) Any other city, town, or county may adopt the provisions of this subsection.
     (4)(a) Cities, towns, and counties planning under RCW 36.70A.040 shall provide in their regulations and procedures for the review and approval of short plats and short subdivisions or alteration or vacation thereof that the adjustment of boundary lines between abutting lots or parcels in the same ownership within a residential zoning district and located within an urban growth area as designated under RCW 36.70A.110 may result in one or more lots or parcels that contain insufficient area or dimension to meet minimum area or dimension requirements for a building site but that the resulting lots or parcels shall be recognized as legal and conforming for purposes of improvement, provided that:
     (i) The averaged area of all resulting lots or parcels shall not be less than the applicable minimum lot size;
     (ii) All resulting lots or parcels shall have adequate provision for access to a public street, either by direct frontage or easement, and an averaged width and depth of at least fifty percent of the applicable minimum requirements for such lots or parcels, if any; and
     (iii) No additional lots or parcels are thereby created.
     (b) Any other city, town, or county may adopt the provisions of this subsection.