Chapter 20.45A
PLATTING AND SUBDIVISIONS

Sections:

20.45A.010    Scope

20.45A.020    Applicability

20.45A.030    Purpose

20.45A.040    Definitions specific to the platting and subdivision chapter

20.45A.050    General requirements

20.45A.060    Special requirements for plats with critical areas or critical area buffers

20.45A.070    Review stages

20.45A.080    Merger

20.45A.100    Exemption

20.45A.110    Preliminary plat – Special notice requirement

20.45A.130    Preliminary plat – Decision criteria

20.45A.140    Preliminary plat – Time limitation

20.45A.150    Preliminary plat – Extension for phased development

20.45A.170    Preliminary plat – Effect of approval

20.45A.180    Final plat – General

20.45A.190    Final plat – Applicable procedure

20.45A.210    Final plat – Hearing Examiner review and approval

20.45A.220    Final plat – Decision criteria

20.45A.230    Final plat – Community Council review

20.45A.240    Final plat – Phased development

20.45A.250    Modification of an approved preliminary plat

20.45A.260    Final plat – Recording required

20.45A.270    Final plat – Modification

20.45A.280    Final plat – Vacation

20.45A.290    Violations – Enforcement

20.45A.300    Injunctive action

20.45A.010 Scope.

This chapter establishes the procedure and criteria that the City will use in making a decision upon an application for a subdivision. (Ord. 3937, 7-18-88)

20.45A.020 Applicability.

This chapter applies to each application for a subdivision except as provided in LUC 20.45A.100. (Ord. 3937, 7-18-88)

20.45A.030 Purpose.

This chapter is adopted in furtherance of the Comprehensive Plan of the City. It is hereby declared that the regulations contained in this chapter are necessary for the protection and preservation of the public health, safety and general welfare in accordance with the standards established by the state of Washington, Chapter 58.17 RCW, and established by the City of Bellevue to prevent the overcrowding of land; to lessen congestion in the streets and highways; to promote effective use of land; to promote safe and convenient travel by the public on streets and highways; to provide for adequate light and air; to facilitate adequate provision for water, sewerage, stormwater drainage, parks and recreation areas, sites for schools and school grounds and other public requirements; to provide for proper ingress and egress; to provide for the expeditious review and approval of proposed subdivisions which conform to zoning standards and local plans and policies; to adequately provide for the housing and commercial needs of the community; to protect critical areas and critical area buffers as designated in Part 20.25H LUC; and to require uniform monumenting of land subdivisions and conveyance by accurate legal description. (Ord. 5682, 6-26-06, § 1; Ord. 3937, 7-18-88)

20.45A.040 Definitions specific to the platting and subdivision chapter.

As used in this chapter, the following definitions apply:

A.    Development Standards.

Currently effective Development Services, Transportation, and Utility Departments’ Development and/or Engineering Standards, and the development or engineering standards of any other City department with applicable standards, now or as hereafter amended.

B.    Lot.

A fractional part of subdivided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area.

C.    Right-of-Way.

A strip of land dedicated for public use for utilities, vehicular and/or pedestrian travel, access to adjoining properties, or other use involving maintenance by a public agency.

D.    Subdivider, Developer or Platter.

Any person, firm or corporation or authorized representative undertaking the subdividing or resubdividing of a lot, tract, block, or other parcel of land. (Ord. 5480, 10-20-03, § 26; Ord. 4972, 3-3-97, § 22; Ord. 4816, 12-4-95, § 121; Ord. 3937, 7-18-88)

20.45A.050 General requirements.

A.    All subdivisions of land shall comply with all applicable goals, regulations and standards of the Bellevue City Code and RCW Title 58, Boundaries and Plats. Subdivisions shall also be in accord with the policies of the City’s Comprehensive Plan.

B.    A proposed subdivision shall be considered under all applicable land use regulations as provided in LUC 20.40.500. (Ord. 4972, 3-3-97, § 23; Ord. 4816, 12-4-95, § 122; Ord. 3937, 7-18-88)

20.45A.060 Special requirements for plats with critical areas or critical area buffers.

A.    Allowed Density.

Density shall be calculated pursuant to LUC 20.25H.045.

B.    Conservation Subdivision.

1.    When Required. Proposals for residential subdivision within the Critical Areas Overlay District shall be processed as a conservation subdivision pursuant to this subsection B in the following cases:

a.    The amount of critical area and critical area buffer on the site totals at least one acre; or

b.    The site abuts a known salmon-bearing stream; or

c.    The critical area or critical area buffer on the site abuts a critical area or critical area buffer on another site, or a site owned or managed by the City or other public agency for open space or park uses.

2.    Tract Required. The property owner receiving approval of a residential subdivision pursuant to this section shall delineate the critical area and critical area buffer and set aside such areas in separate tracts, designated as Native Growth Protection Area(s) (NGPA) on the face of the final plat. The final plat shall contain the following restrictions for use, development and disturbance of such NGPA(s) in a format approved by the City Attorney:

a.    An assurance that: the tract will be kept free from all development and disturbance except where allowed or required for habitat improvement projects, vegetation management, or new or expanded City parks pursuant to LUC 20.25H.055; and that native vegetation, existing topography, and other natural features will be preserved for the purpose of preventing harm to property and the environment, including, but not limited to, controlling surface water runoff and erosion, maintaining slope stability, buffering and protecting plants and animal habitat;

b.    The right of the City of Bellevue to enter the property to investigate the condition of the NGPA;

c.    The right of the City of Bellevue to enforce the terms of the NGPA; and

d.    A management plan for the NGPA designating future management responsibility.

3.    Dimensional Standards Modification. The dimensional standards set forth in LUC 20.20.010 are modified as follows for sites processed through the conservation subdivision process. All other dimensional standards and requirements of LUC 20.20.010 shall apply, including applicable footnotes:

Land Use District

R-1

R-1.8

R-2.5

R-3.5

R-4

R-5

R-7.5*

R-10 (3)

R-15 (3)

R-20 (3)

R-30 (3)

Minimum Setbacks of Structures (feet) Front Yard (1) (2) (7)

25

20

10

10

10

10

10

10

10

10

10

Rear Yard (4) (7)

20

20

20

15

15

15

15

20

20

20

20

Side Yard (4) (7)

5

5

5

5

5

5

5

5

5

5

5

2 Side Yards (4) (7)

15

10

10

10

10

10

10

10

10

10

10

Minimum Lot Area Acres (A) or Sq. Ft.

22,750

13,000

8,775

6,500

5,525

4,680

3,055

5,525

5,525

5,525

5,525

Maximum Lot Coverage by Structures (percent)

(5)

(5)

(5)

(5)

(5)

(5)

(5)

(5)

(5)

(5)

(5)

Impervious Surface

(6)

(6)

(6)

(6)

(6)

(6)

(6)

(6)

(6)

(6)

(6)

*Not effective within the jurisdiction of the East Bellevue Community Council.

Notes:

(1)    Any garage or other structure shall be set back the minimum necessary to allow on-site parking on any driveway without blocking a sidewalk, for proposals without garages, there shall be sufficient area on the site to allow for required on-site parking without blocking a sidewalk.

(2)    Where the front yard setback is reduced below the minimum setback established in LUC 20.20.010, all front yard setbacks along a public right-of-way shall be the same for each lot in the development, so that the minimum front yard setback is also the maximum front yard setback.

(3)    Where there is a conflict between this subsection B.3 and the requirements of the Transition Area Overlay District, the provisions of the Transition Area Overlay District shall prevail.

(4)    The required yard setback may not be reduced below the minimum required for the underlying land use district where the development abuts another subdivision or development with the same or lower density land use designation, where the majority of the lots in the abutting development meet or exceed the minimum dimensional requirements for its land use district.

(5)    Lot Coverage. The maximum lot coverage for each lot is determined by multiplying the maximum lot coverage in the underlying land use district by the lot coverage factor. The lot coverage factor is:

Lot coverage factor = 1 + ((required minimum lot size - actual lot size)/required minimum lot size)

The following example illustrates this calculation:

Underlying land use district, R-3.5

Maximum lot coverage for district is 0.35

Required minimum lot size is 10,000 square feet

Actual lot size in proposed conservation subdivision is 6,800 square feet

Lot coverage factor = 1 + ((10,000 - 6,800)/10,000) = 1.32

Allowed lot coverage = 0.35 x 1.32 = 0.46 (rounded to nearest hundredth)

(6)    Impervious Surface. Impervious surface for the subdivision considered on the whole shall not exceed 50 percent, based on the total site size. The final plat shall designate the allowed impervious surface for each separate lot.

(7)    A required minimum setback may not be reduced below that required to maintain the minimum separation between structures required by the International Building Code, as adopted and amended by the City of Bellevue, considering the location of existing structures on abutting properties.

4.    Site Design.

a.    Roads must be designed parallel to contours with consideration to maintaining consolidated areas of natural topography and vegetation. Access must be located in the least sensitive area feasible; and

b.    Change in grade, cleared area and volume of cut or fill on the site must be minimized; and

c.    Utilities and other facilities should be located to utilize common corridors wherever possible; and

d.    Each lot with slopes in excess of 25 percent shall demonstrate provision for feasible driveway access to a future residence not to exceed 15 percent or provide for meeting emergency access and fire protection by other means allowed by applicable codes, and shall demonstrate feasibility of construction of a residence on the lot through a design consistent with the standards of this code. Shared driveway access and private roads should be utilized where significant reduction of grading can be accomplished compared to separate driveway access for each individual lot.

C.    Conventional Subdivision.

Proposals for residential subdivision not required to satisfy the provisions of subsection B of this section shall meet the following requirements:

1.    Lot Location.

a.    Lots which contain critical area or critical area buffers must be configured in a manner which, to the maximum extent possible, will allow a structure to be built on the least sensitive portion of the site; and

b.    Lots which contain critical area or critical area buffers must be configured in a manner which will allow a designated building pad to be located outside of any critical area or critical area buffer.

2.    Site Design.

a.    Roads must be designed parallel to contours with consideration to maintaining consolidated areas of natural topography and vegetation. Access must be located in the least sensitive area feasible; and

b.    Change in grade, cleared area and volume of cut or fill on the site must be minimized; and

c.    Utilities and other facilities should be located to utilize common corridors wherever possible; and

d.    Critical areas, critical area buffers, and retained significant trees shall be placed in Native Growth Protection Easements (NGPE) designated on the final plat document. The final plat shall contain the following restrictions for use, development and disturbance of the NGPE in a format approved by the City Attorney:

i.    An assurance that: the NGPE will be kept free from all development and disturbance except where allowed or required for habitat improvement projects, vegetation management, and new or expanded City parks pursuant to LUC 20.25H.055; and that native vegetation, existing topography, and other natural features will be preserved for the purpose of preventing harm to property and the environment, including, but not limited to, controlling surface water runoff and erosion, maintaining slope stability, buffering and protecting plants and animal habitat;

ii.    The right of the City of Bellevue to enter the property to investigate the condition of the NGPA or NGPE upon reasonable notice;

iii.    The right of the City of Bellevue to enforce the terms of the NGPE; and

iv.    A management plan for the NGPE designating future management responsibility.

e.    NGPEs on individual lots within the plat shall be contiguous with NGPEs on other lots to the maximum extent feasible; and

f.    Each lot with slopes in excess of 25 percent shall demonstrate provision for feasible driveway access to a future residence not to exceed 15 percent or provide for meeting emergency access and fire protection by other means allowed by applicable codes, and shall demonstrate feasibility of construction of a residence on the lot through a design consistent with the standards of this code. Shared driveway access and private roads should be utilized where significant reduction of grading can be accomplished compared to separate driveway access for each individual lot.

D.    Additional Requirements for Plats with Areas of Special Flood Hazard.

1.    All lots created through subdivision shall have adequate building space outside the 100-year floodplain, the floodway, and the channel migration zone.

2    Subdivisions shall be designed to minimize or eliminate flood damage and impacts to floodplain functions and values. Public utilities and facilities that are installed as part of such subdivisions, such as sewer, gas, electrical, and water systems, shall be located and constructed to also minimize flood damage and impacts to floodplain functions and values. Subdivisions should be designed using natural features of the landscape and should not incorporate flood protection changes.

3.    Subdivisions shall have adequate natural surface water drainage in accordance with locally adopted surface water management requirements to reduce exposure to flood hazards; and

4.    Subdivisions shall show the 100-year floodplain, floodway, and channel migration zone on the preliminary and final plat and short plat maps and designate such areas as “no build,” when applicable.

5.    Where detailed base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain either 50 lots or involve five acres, regardless of the number of lots. (Ord. 5682, 6-26-06, § 2)

20.45A.070 Review stages.

Subject to LUC 20.45A.080, the review and decision of the City on an application for a subdivision shall consist of the following stages:

A.    Review and decision upon the preliminary plat, LUC 20.45A.100 through 20.45A.170; and

B.    Review and decision upon the engineering plans for plat improvements; and

C.    Review and decision upon the final plat, LUC 20.45A.180 through 20.45A.260. (Ord. 4978, 3-17-97, § 12; Ord. 3937, 7-18-88)

20.45A.080 Merger.

A.    The applicant may request that review and decision on the preliminary plat and the final plat be merged in one decision. The merged decision will be made using Process I, LUC 20.35.100 et seq., following the steps for the preliminary plat. The applicant shall submit all plans and information in the detail required for engineering plans and the final plat and shall comply with all other requirements and standards for a final plat.

B.    Unless the applicant requests otherwise, the City shall process a preliminary plat simultaneously with an application for a reclassification, variance, planned unit development or other development approval to the extent that procedural requirements for those actions allow. (Ord. 3937, 7-18-88)

20.45A.100 Exemption.

The provisions of this chapter do not apply to the following:

A.    Cemeteries and other burial plots while used for that purpose;

B.    Divisions of land into lots or tracts each of which is at least 20 acres. For purposes of computing the size of any lot under this subsection which borders on a street or road, the lot size shall be expanded to include that area which would be bounded by the center line of the road or street and the side lot lines of the lot running perpendicular to such center line;

C.    Divisions made by testamentary provisions, or the laws of descent;

D.    Divisions of land into lots or tracts classified for industrial or commercial use or for the purpose of lease when no residential structure other than mobile homes or travel trailers are permitted to be placed on the land when the City has approved a Binding Site Plan in accordance with Land Use Code requirements;

E.    A division made for the purpose of alteration by adjusting boundary lines between platted or unplatted lots or both which does not create any additional lot, tract, parcel or site, in accordance with LUC 20.45B.260;

F.    Any division of land by short subdivision as provided for in Chapter 20.45B LUC. (Ord. 5089, 8-3-98, § 48; Ord. 3937, 7-18-88)

20.45A.110 Preliminary plat – Special notice requirement.

A.    General.

The notice requirements of this section are in addition to the notice requirements of LUC 20.35.120 and 20.35.135.

B.    Means of Notice.

The Director of the Development Services Department shall provide notice of the public hearing by:

1.    Mailing notice of the public hearing to appropriate City or town officials if the plat includes the use of any city or town utility or is adjacent to or within a mile of the boundaries of that city or town. As an alternative to mailing notice to each such person, notice may be provided by electronic mail only, when requested by the recipient; and

2.    Mailing notice of the public hearing to appropriate county officials if the plat is adjacent to the Bellevue City boundary. As an alternative to mailing notice to each such person, notice may be provided by electronic mail only, when requested by the recipient; and

3.    Mailing notice of the public hearing to the State Secretary of Transportation if the plat is adjacent to the right-of-way of a state highway or within two miles of the boundary of a state or municipal airport. As an alternative to mailing notice to each such person, notice may be provided by electronic mail only, when requested by the recipient; and

4.    Mailing notice of the public hearing to owners of real property within 500 feet of the proposed subdivision site. (Ord. 5718, 2-20-07, § 11; Ord. 5481, 10-20-03, § 27; Ord. 5089, 8-3-98, § 49; Ord. 4972, 3-3-97, § 26; Ord. 4816, 12-4-95, § 125; Ord. 3937, 7-18-88)

20.45A.130 Preliminary plat – Decision criteria.

The City may approve or approve with modifications a preliminary plat if:

A.    The preliminary plat makes appropriate provisions for, but not limited to, the public health, safety and general welfare; for open spaces, drainage ways, streets, sidewalks, alleys, other public ways, water supplies, sanitary waste, parks, playgrounds, sites for schools and school grounds; and

B.    The public use and interest is served by the platting of the subdivision; and

C.    The preliminary plat appropriately considers the physical characteristics of the proposed subdivision site; and

D.    The proposal complies with all applicable provisions of the Land Use Code, BCC Title 20, the Utility Codes, BCC Title 24, the City of Bellevue Development Standards and Chapter 58.17 RCW; and

E.    The proposal is in accord with the Comprehensive Plan, BCC Title 21; and

F.    Each lot in the proposal can reasonably be developed in conformance with current Land Use Code requirements without requiring a variance; however, requests for modifications to the requirements of Part 20.25H LUC, where allowed under the provisions of that part, may be considered together with an application for preliminary plat so long as the resulting lots may each be developed without individually requiring a variance; and

G.    All necessary utilities, streets or access, drainage and improvements are planned to accommodate the potential use of the entire property. (Ord. 5682, 6-26-06, § 3; Ord. 3937, 7-18-88)

20.45A.140 Preliminary plat – Time limitation.

A preliminary plat automatically expires and is void if the applicant fails to file for approval of the final plat within:

A.    Seven years of the effective date of preliminary plat approval if preliminary plat approval is on or before December 31, 2014; or

B.    Five years of the effective date of preliminary plat approval if preliminary plat approval is on or after January 1, 2015; or

C.    Ten years of the effective date of preliminary plat approval if the project is not subject to requirements adopted under Chapter 90.58 RCW and the date of preliminary plat approval is on or before December 31, 2007.

Provided, that, if the plat is a phased development and the applicant has received an extension for the preliminary plat pursuant to LUC 20.45A.150, these time limitations may be increased by the length of the approved extension. (Ord. 6197, 11-17-14, § 33; Ord. 4972, 3-3-97, § 28; Ord. 4816, 12-4-95, § 126; Ord. 3937, 7-18-88)

20.45A.150 Preliminary plat – Extension for phased development.

The Director of the Development Services Department may extend a preliminary plat for a phased development, but not including the initial phase or division one improvements, for up to three additional years beyond the period provided in LUC 20.45A.140, if:

A.    A written request for extension is filed at least 30 days before the expiration of the preliminary plat; and

B.    Unforeseen circumstances or conditions which are not the result of voluntary actions of the applicant necessitate the extension of the preliminary plat; and

C.    Conditions in the immediate vicinity of the subject property have not changed substantially since the preliminary plat was first approved; and

D.    An extension of the preliminary plat will not cause substantial detriment to existing uses in the immediate vicinity of the subject property or to the community as a whole; and

E.    The applicant has demonstrated reasonable diligence in attempting to meet the time limit imposed; and

F.    The preliminary plat substantially complies with applicable City Code provisions in effect on the date that the application for extension was made. (Ord. 5232, 7-17-00, § 14; Ord. 4972, 3-3-97, § 29; Ord. 4816, 12-4-95, § 128; Ord. 4638, 4-4-94, § 3; Ord. 3937, 7-18-88)

20.45A.170 Preliminary plat – Effect of approval.

A.    The approval of a preliminary plat by the Hearing Examiner is approval of the general acceptability of the layout and its relation to adjoining properties. Engineering detail remains subject to the approval of the Departments of Development Services, Transportation, and Utilities and any other applicable department.

B.    After final approval of engineering drawings for public facilities within an approved preliminary plat, permits for the development of plat improvements may be issued and work commenced. Such permits shall be contingent upon compliance with the conditions specified on the approval of the preliminary plat, conformance with all applicable development standards, the payment of all fees, and the submittal of assurance devices as may be required. (Ord. 5480, 10-20-03, § 27; Ord. 4972, 3-3-97, § 31; Ord. 4816, 12-4-95, § 130; Ord. 3937, 7-18-88)

20.45A.180 Final plat – General.

The applicant must submit the final plat within:

A.    Seven years of the effective date of preliminary plat approval if preliminary plat approval is on or before December 31, 2014; or

B.    Five years of the effective date of preliminary plat approval is preliminary plat approval is on or after January 1, 2015; or

C.    Ten years of the effective date of preliminary plat approval if the project is not subject to requirements adopted under Chapter 90.58 RCW and the date of preliminary plat approval is on or before December 31, 2007.

Provided, that, if an extension was granted pursuant to LUC 20.45A.150, these time limitations may be increased by the length of the approved extension. (Ord. 6197, 11-17-14, § 34; Ord. 4972, 3-3-97, § 32; Ord. 4816, 12-4-95, § 131; Ord. 3937, 7-18-88)

20.45A.190 Final plat – Applicable procedure.

The City shall process applications for final plats and any amendment or vacation thereof as provided in LUC 20.45A.180 through 20.45A.280. The Director of the Development Services Department is the applicable Department Director. (Ord. 5790, 12-3-07, § 5; Ord. 4978, 3-17-97, § 13; Ord. 4972, 3-3-97, § 33; Ord. 4816, 12-4-95, § 132; Ord. 3937, 7-18-88)

20.45A.210 Final plat – Hearing Examiner review and approval.

A.    Report to Hearing Examiner.

The Director of the Development Services Department shall submit a written report to the Hearing Examiner evaluating compliance with the preliminary plat and with any conditions imposed on the preliminary plat. The Director shall respond to Community Council comments on the final plat in the report to the Hearing Examiner.

B.    Hearing Examiner Action.

The Hearing Examiner shall consider the report and approve or deny the final plat. Modifications to preliminary plat approval will be processed as provided in LUC 20.45A.250. (Ord. 4972, 3-3-97, § 35; Ord. 4816, 12-4-95, § 134; Ord. 3937, 7-18-88)

20.45A.220 Final plat – Decision criteria.

Except as provided in LUC 20.45A.250, the Hearing Examiner shall approve a final plat if it conforms to the preliminary plat and to all conditions of approval of the preliminary plat. (Ord. 4972, 3-3-97, § 36; Ord. 4816, 12-4-95, § 135; Ord. 3937, 7-18-88)

20.45A.230 Final plat – Community Council review.

Prior to the final action by the Hearing Examiner on any final plat which is in an area over which a Community Council has jurisdiction, the Development Services Department shall transmit a copy of the final plat application to the Community Council for its review. Any comments or recommendations by the Community Council as to whether the final plat meets the requirements of the preliminary plat approval shall be submitted in writing to the Director of the Development Services Department within 14 days of receipt of the final plat application by the Community Council. (Ord. 4972, 3-3-97, § 37; Ord. 4816, 12-4-95, § 136; Ord. 3937, 7-18-88)

20.45A.240 Final plat – Phased development.

Portions of an approved preliminary plat may be processed separately for recording in divisions; provided, that all divisions are approved within the prescribed time limits for the preliminary plat; and provided, that the division does not violate the intent of the preliminary plat. Prior to the approval of a division of a final plat the Departments of Transportation, Utilities or Development Services may require an assurance device be submitted for construction of improvements in subsequent divisions if such improvements are necessary for the continuity of transportation, utility, or other systems. (Ord. 5480, 10-20-03, § 28; Ord. 4972, 3-3-97, § 38; Ord. 4816, 12-4-95, § 137; Ord. 3937, 7-18-88)

20.45A.250 Modification of an approved preliminary plat.

A.    There are three ways to modify an approved preliminary plat: process as a new preliminary plat application, process as an administrative amendment, or qualify for an exception.

B.    General.

Except as provided in subsections C and D of this section, a modification of a previously approved preliminary plat is treated as a new application.

C.    Exception.

The following modifications of preliminary plat approval may be reviewed through plat engineering and do not require further review:

1.    Engineering detail unless the proposed detail modifies or eliminates features specifically required as an element of the preliminary plat approval;

2.    Minor changes in lot lines or lot dimensions;

3.    A decrease in the number of lots to be created or an increase of no more than five percent of the number of lots depicted on the preliminary plat.

D.    Administrative Amendment.

1.    Scope. A proposed amendment which the Director determines meets the criteria of this section will be processed as an administrative amendment unless the applicant has chosen to have the amendment reviewed as a new application.

2.    Decision Criteria. The Director shall approve or approve with modifications a proposed amendment to an approved preliminary plat if:

a.    The amendment maintains the design intent or purpose of the original approval; and

b.    The amendment maintains the quality of design or product established by the original approval; and

c.    The amendment does not cause a significant environmental or land use impact on or beyond the site; and

d.    Circumstances render it impractical, unfeasible or detrimental to the public interest to accomplish the subject condition or requirement of preliminary plat approval.

3.    Conditions. The Director may include conditions as part of an approval or approval with modifications to ensure conformance with the decision criteria above.

4.    Written Decision. The Director shall issue a written decision on the administrative amendment which contains the following:

a.    A description of the original preliminary plat approval and the proposed amendment; and

b.    An analysis of the proposed administrative amendment using the applicable decision criteria, including the facts upon which the decision and any conditions for the project are based; and

c.    A statement that the administrative amendment is approved, approved with modifications or denied subject to the provisions of this section. (Ord. 5790, 12-3-07, § 3; Ord. 4972, 3-3-97, § 39; Ord. 4816, 12-4-95, § 138; Ord. 3937, 7-18-88)

20.45A.260 Final plat – Recording required.

A.    Upon approval of a final plat, the Hearing Examiner may execute written approval on the face of the plat, and the original of the final plat shall be returned to the subdivider for compliance with recording requirements.

B.    Approval of the final plat for recording by the Hearing Examiner shall be deemed to constitute acceptance of any dedication shown on the plat. Approval of the final plat shall be null and void if the plat is not recorded with King County Department of Records and Elections within 90 days after the date of the approval. (Ord. 4972, 3-3-97, § 40; Ord. 4816, 12-4-95, § 139; Ord. 3937, 7-18-88)

20.45A.270 Final plat – Modification.

A.    Scope.

Any person seeking to modify or amend a subdivision or any portion thereof shall comply with the requirements set forth in Chapter 58.17 RCW and submit an application to request the amendment to the City.

B.    Application.

1.    The application shall contain the signatures of the majority of those persons having an ownership interest of lots, tracts, parcels, sites, or divisions in the subject subdivision or portion to be modified.

2.    If the subdivision is subject to restrictive covenants which were recorded at the time of the approval of the subdivision, and the application for modification would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or modify the relevant covenants to accomplish the purpose of the alteration of the subdivision or portion thereof. Modification to existing covenants shall be recorded simultaneous with recording of the approved modification to the final plat pursuant to subsection E of this section.

C.    Notice.

Upon receipt of an application for modification, the City shall provide notice of the application to all owners of property within the subdivision pursuant to the requirements of LUC 20.35.120, 20.35.135, and 20.45A.110. The notice shall either establish a date for a public hearing or provide that a hearing may be requested by a person receiving notice within 14 days of receipt of the notice.

D.    Decision Criteria.

The Director may administratively approve or approve with modifications an application for amendment to a final plat, provided:

1.    The proposed amendment to a final plat makes appropriate provisions for, but not limited to, the public health, safety and general welfare; for open spaces, drainage ways, streets, sidewalks, alleys, other public ways, water supplies, sanitary waste, parks, playgrounds, sites for schools and school grounds;

2.    The public use and interest is served by the amendment;

3.    The proposed amendment to a final plat appropriately considers the physical characteristics of the subdivision site;

4.    The proposed amendment complies with all applicable provisions of the Land Use Code, the Bellevue City Code, and Chapter 58.17 RCW;

5.    The proposed amendment is consistent with the Comprehensive Plan, BCC Title 21; and

6.    Each lot in the proposal can reasonably be developed in conformance with current Land Use Code requirements without requiring a variance; however, requests for modifications to the requirements of Part 20.25H LUC, where allowed under the provisions of that part, may be considered together with an application for amendment to a final plat, provided the resulting lots may each be developed without individually requiring a variance.

E.    Limitations.

1.    If any land within the proposed amendment is part of an assessment district, any outstanding assessments shall be equitably divided and levied against the remaining lots, parcels, or tracts, or be levied equitably on the lots resulting from the alteration.

2.    If any land within the proposed modification contains a dedication to the general use of persons residing within the subdivision, such land may be altered and divided equitably between the adjacent properties.

3.    This section shall not be construed as applying to the modification or replatting of any plat of State-granted shorelands.

F.    Recording Required.

After approval of the amendment, the applicant shall produce a revised drawing of the approved modification to the final plat which, after signature by the City, shall be filed with the County Auditor to become the lawful plat of the property. (Ord. 5790, 12-3-07, § 5)

20.45A.280 Final plat – Vacation.

Any person or entity seeking to vacate a final plat shall follow the procedures set forth in RCW 58.17.212. (Ord. 5790, 12-3-07, § 5)

20.45A.290 Violations – Enforcement.

Any person, firm, corporation, or association or any agent of any person, firm, corporation, or association who violates any provision of Chapter 58.17 RCW or this chapter relating to the sale, offer for sale, lease, or transfer of any lot, tract or parcel of land, shall be guilty of a gross misdemeanor and each sale, offer for sale, lease or transfer of each separate lot, tract, or parcel of land in violation of any provision of Chapter 58.17 RCW or this chapter shall be deemed a separate and distinct offense. Any other violation of this chapter is a civil violation as provided in Chapter 1.18 BCC. (Ord. 3937, 7-18-88)

20.45A.300 Injunctive action.

The City of Bellevue, through its authorized agents to the extent provided by state law, may commence an action to restrain and enjoin violations of this chapter, or of any term or condition of plat approval prescribed by the City, and compel compliance with the provisions of this chapter, or with such terms or conditions as provided by RCW 58.17.200 and 58.17.320. The costs of such action may be taxed against the violator. (Ord. 3937, 7-18-88)