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Council holds hearing and first reading on unit‑lot subdivisions to implement SB 5258; second reading set for March 18

2507410 · March 5, 2025
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Summary

City staff presented interim fee‑simple unit lot subdivision regulations required by SB 5258, clarifying how parent‑lot development standards apply, allowing separate sale of unit lots and noting impact fees and effective dates; council set a second reading for March 18

The Mercer Island City Council opened a public hearing and conducted a first reading of ordinance 25 C‑0‑06 on March 4, a package of interim regulations to implement Senate Bill 5258 (2023) by allowing fee‑simple unit lot subdivisions. CPD Director Jeff Thomas introduced the staff presentation; Deputy Director Alice Van Gorp (Allison) and planners explained the ordinance framework.

The ordinance adds a new section under MICC 19.08.080 to create a short‑plat style “unit lot subdivision” that allows up to four fee‑simple unit lots to be created from a parent lot. As Allison Van Gorp explained, “It allows for fee simple ownership of these new child or unit lots, which creates a less expensive way to produce housing.” The staff presentation said existing development standards — including setbacks, lot coverage and gross floor area — remain applied to the parent lot, and that unit lots must be labeled on the final plat to warn buyers that unit lots remain limited by parent‑lot standards.

Key provisions and next steps

- What it does: Unit lot subdivision permits creation of up to four unit lots (fee simple) from one parent lot while preserving the parent‑lot development standards. The city will allow unit lots to be used with middle‑housing types and accessory dwelling units (ADUs) adopted in related ordinances. Parking required for housing units may be provided on another unit lot within the same parent lot.

- No dimensional prescriptions: The interim rules do not prescribe minimum lot sizes, widths or lot lengths for unit lots. The size of any unit lot is governed by the need to fit the structure within the parent lot and to respect the consolidated parent‑lot limits.

- Timing: Staff advised that ordinance 25 C‑0‑06 will return for a second reading at the March 18 council meeting; staff said that, if adopted, the ordinance would be effective June 30, the same effective date staff gave for the recently adopted middle‑housing and ADU ordinances and associated impact fee updates.

Public comment and council questions

Two members of the public spoke during the hearing. Robert Thorpe discussed options for churches and nonprofits to use ADUs and shared technical suggestions for parking and drainage. Architect Reid Cahill identified himself as available to provide technical assistance to the city. Council members asked clarifying questions about how unit‑lot standards would differ from separate parent lots and whether a very small unit lot (for example, a 500‑square‑foot unit lot) could be created; staff explained the restriction comes from applying parent‑lot standards, not a fixed minimum unit‑lot size.

Vote scheduling: At the end of the item the council voted to set ordinance 25 C‑0‑06 for second reading on March 18. The motion was moved by Council Member Andrew and seconded by Council Member Weinberg; the roll call showed ayes and the ordinance was scheduled for second reading.