Chapter 17.65


17.65.010    Purpose.

17.65.020    Application requirements.

17.65.030    Notice.

17.65.040    Public hearings.

17.65.050    Findings and recommendations.

17.65.060    Approved alterations and vacations.

17.65.010 Purpose.

The purpose of this chapter is to provide specific procedures for the alteration or vacation of recorded subdivisions, or any portions thereof. [Ord. 29 § 1(100), 1993]

17.65.020 Application requirements.

(1) Any person may submit a subdivision alteration or vacation application consistent with the applicable provisions of BMC 17.55.050 and 17.55.110 to the city; provided:

(a) Alteration applications shall contain the signatures of the majority of those persons having an ownership interest in lots, tracts, parcels or divisions in the subject subdivision to be altered or any portion to be altered. Vacation applications shall contain the signatures of all parties having an ownership interest in the portion of the subdivision subject to vacation.

(b) If the subdivision is subject to restrictive covenants which were filed at the time of the approval of the subdivision, and the application for alteration or vacation 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 alter the relevant covenants to accomplish the purpose of the alteration or vacation of the subdivision or portion thereof.

(2) Applications for vacations of city streets may be processed pursuant to this chapter only when such road vacations are proposed in conjunction with the vacation of the plat together with the road. Vacations limited to city streets only shall be processed pursuant to Chapter 36.87 RCW. Regardless of the process used, vacations of roads may not be made that are prohibited under RCW 36.87.130. [Ord. 29 § 1(101), 1993]

17.65.030 Notice.

(1) Notice of a proposed subdivision alteration shall be given by the city of Burien within 10 days of determination of application completeness by:

(a) Publication in a newspaper of general circulation in the city and a newspaper of general circulation in the area of the proposed alteration;

(b) Posting at least five signs or posters on or adjacent to the subdivision to be altered in conspicuous locations designed to provide public awareness of the proposal;

(c) Mailing notification to agencies identified in RCW 58.17.080; and

(d) Mailing notification to the owner(s) of each lot or parcel or property located within the total subdivision to be altered and to owners of property within 300 feet of the original subdivision.

(2) Alteration application notice shall include the name of the applicant and a general description of the proposed alteration. The notice shall also contain a vicinity map of the proposal, a general locational description rather than a legal description, the procedures and deadline of not less than 14 days from receipt of notice for filing comments or requests for public hearings, a form to request subsequent division reports, and the name of the responsible city official.

(3) Separate mailed notice of alteration hearings as required by subsection (1) of this section shall be made to all persons who have submitted written comments during the comment period. Hearing notices shall include a description of the time and place of the public hearing with the items specified in subsection (2) of this section.

(4) Vacation application notice shall be made as set forth for preliminary subdivision applications in BMC 17.55.060. [Ord. 29 § 1(102), 1993]

17.65.040 Public hearings.

(1) A public hearing shall be required for subdivision alteration proposals if requested by any person within the 14-day public comment period or if the city determines that a public hearing is in the public interest. In cases where public hearings are required, the city shall refer the application to the city council (or planning commission or zoning and subdivision examiner if appointed by the council) for consideration.

(2) All subdivision vacation applications shall be referred to the city council for public hearing and consideration. [Ord. 29 § 1(103), 1993]

17.65.050 Findings and recommendations.

(1) Following any public hearing required by BMC 17.65.030(1), the city council shall determine if the proposed alteration or vacation is consistent with the required findings of KCC 20.24.195.

(2) If a public hearing is not requested for an alteration application, the city shall make the same findings and recommendations as set forth in subsection (1) of this section.

(3) The council shall make findings and take actions as set forth for subdivisions in KCC 20.24.230 and 20.24.235 and shall deny or approve the alteration or vacation accordingly. [Ord. 29 § 1(104), 1993]

17.65.060 Approved alterations and vacations.

(1) After approval of an alteration, the council shall order the applicant to produce a revised drawing of the approved alteration of the final plat, to be processed in the same manner as set forth for final plats in Chapter 17.45 BMC. All persons with an ownership or security interest in property to be altered must sign the altered plat.

(2) Altered plats shall only alter or supersede the original plat in the specific ways approved by the council.

(3) Vacations shall be processed in accordance with the provisions of RCW 58.17.212. [Ord. 29 § 1(105), 1993]