Chapter 21.50
AMENDMENTS, ALTERATIONS, AND VACATIONS
Sections:
21.50.020 Preliminary plat amendments.
21.50.040 Short subdivision amendments.
21.50.050 Binding site plan amendment and vacation.
21.50.060 Residential condominium binding site plan amendments and rescissions.
21.50.010 Purpose.
The purpose of this chapter is to provide the procedures to amend preliminary plats and short subdivisions, alter subdivisions, amend binding site plans, and vacate plats and binding site plans.
(Ord. 500 § 1, 2007).
21.50.020 Preliminary plat amendments.
An application for an amendment to a preliminary plat shall be considered either a minor or major amendment in accordance with the following criteria:
A. An amendment shall be considered minor if changes to the preliminary plat and any improvements are generally consistent with the original approval. Minor amendments shall meet all of the following requirements:
1. A change to a condition of approval does not modify the intent of the original condition.
2. The perimeter boundaries of the original site shall not be extended.
3. The proposal does not increase the overall residential density of a site.
4. The proposal does not change or modify housing types.
5. The proposal does not reduce the designated open space.
6. The proposal does not increase the overall impervious surface on the site by more than five percent.
7. Any conditions or expansions approved through minor amendments that cumulatively exceed the requirements in this section shall be reviewed as a major amendment.
B. Filing. Ten copies of the following procedures shall be required for all minor amendments:
1. Requests for minor amendments shall be in writing from the property owner or the owner’s authorized agent and shall fully describe the amendments requested and the reasons therefor.
2. Minor amendment applications may be routed to any City division and to any agency with jurisdiction at the Director’s discretion.
3. Burden of Proof. The applicant has the burden of proving by a preponderance of the evidence that the proposed amendment meets all of the criteria in subsection (A) of this section.
4. Approval. The Director may approve an application for a minor amendment, approve with additional conditions, or require modification of the proposal to comply with specified requirements or determine that the application shall be processed as a major amendment.
5. Denial. The Director shall deny an application for amendment if the proposal does not meet or cannot be conditioned to meet subsection (A) of this section.
6. The Director’s decision may be appealed as provided in UPMC Title 22.
C. Major Amendments.
1. Any modification exceeding the provisions of subsection (A) of this section shall be considered a major amendment and shall follow the same procedure required for a new application and fee.
2. Major amendments shall be subject to the most current City codes including density requirements.
(Ord. 500 § 1, 2007).
21.50.030 Plat alterations.
A. Plat Alteration. Once a subdivision becomes a final plat, alteration is required to amend the plat and/or notes and conditions.
B. Submittal Requirements.
1. When any person is interested in the alteration of any subdivision or the altering of any portion thereof, that person shall submit an application to the City and pay the application fee. The application shall also be accompanied by a drawing showing the details of the alteration.The application shall contain 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 altered. If the subdivision is subject to restrictive covenants that were filed at the time of the approval of the subdivision, and the application for alteration 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 of the subdivision or portion thereof.
2. State Environmental Policy Act. If the original subdivision was not subject to review pursuant to the State Environmental Policy Act, a SEPA checklist and threshold determination will be required prior to approval.
C. Notice. Notice shall be provided to all owners within the subdivision and to property owners within 300 feet and two properties deep from the subdivision or portion thereof being altered in accordance with UPMC Title 22.
D. Public Hearing. The Department or anyone receiving a notice may request a public hearing within 14 days of receipt of the notice. If a public hearing is requested or required, an additional fee will be required.
E. Decision.
1. If a hearing is requested or required, the Hearings Examiner shall conduct a public hearing pursuant to UPMC Title 22; otherwise the decision shall be rendered by the Director.
2. The decision maker shall determine if the proposed alteration complies with City codes and state regulations governing subdivisions and may approve or deny the alteration.
F. Assessments. If any land within the alteration 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.
G. Revised Plat Drawing. After approval, the applicant shall produce a revised plat drawing titled “Alteration of (insert subdivision name)” showing the entire subdivision or portion thereof being altered. The altered plat shall include a note indicating the nature of the alteration. The new plat drawing shall be prepared in accordance with UPMC 21.25.020 and submitted to the City for signatures. After recording, the applicant shall submit a copy of the recorded alteration drawing to the city.
(Ord. 500 § 1, 2007).
21.50.040 Short subdivision amendments.
Amendments to short plats may be approved by the Department by approving an amendment note that states to the effect that the amended short plat supersedes “Short Plat No. ___.” The note must specify the changes, and before the Department can approve the amended short plat, all City requirements and conditions stated on the original short plat must be stated on the amended short plat.
If any City department’s or other agency’s previous approval may be affected by the amendment (as determined by the Department), said department or agency will be notified of the change and be given the opportunity to comment before the Department approves the amendment. In addition, any amendment involving public dedication must be processed as provided in RCW 58.17.212 or 58.17.215. A fee as set forth in separate resolution shall be paid to the Department for the processing of an amended short plat.
The assessor-treasurer’s office must again signify that the current real estate taxes are paid before the amended short plat is recorded. Upon recording, the amended short plat is deemed approved by the City. After recording, the applicant shall provide a copy of the recorded short plat to the City.
(Ord. 500 § 1, 2007; Ord. 423 § 93, 2004; Ord. 61 § 1, 1995. Formerly 21.12.100).
21.50.050 Binding site plan amendment and vacation.
Except as provided in UPMC 21.25.010, amendment, modification, and vacation of a binding site plan shall be accomplished by following the same procedure and satisfying the same laws, rules, and conditions as required for a new binding site plan application, as set forth in this chapter. If a portion of a binding site plan is vacated, the property subject to the vacated portion shall constitute one lot unless the property is subsequently divided by an approved subdivision or short subdivision.
(Ord. 500 § 1, 2007; Ord. 61 § 1, 1995. Formerly 21.16.060).
21.50.060 Residential condominium binding site plan amendments and rescissions.
A. Amendment of a recorded residential condominium binding site plan shall be accomplished by following the same process as required for a new application as set forth in this chapter.
B. Upon the request of the owner or owners of a legal lot or lots subject to a recorded binding site plan, the Director shall rescind all or a portion of a binding site plan; provided, that any portion of a binding site plan that is rescinded shall be considered to be one lot unless divided by an approved subdivision or short division.
C. Signatures of owners of portions of a binding site plan that are not altered by an amendment(s) or rescission are not required on the amended binding site plan or application for rescission.
(Ord. 500 § 1, 2007; Ord. 61 § 1, 1995. Formerly 21.18.070).
21.50.070 Plat vacations.
A. Vacations. When the vacation requested is specifically for a street, the procedures for street vacation in Chapter 13.15 UPMC shall be utilized. When the request is for the vacation of the plat together with the streets, the procedure for vacation in this section shall be used. Vacations of streets may not be made that are prohibited under RCW 35.79.030 and 36.87.130.
B. Submittal Requirements. Whenever any person is interested in the vacation of any subdivision or portion thereof, or any area designated or dedicated for public use, that person shall file an application for vacation with the City and pay an application fee.
C. The application shall set forth the reasons for vacation and shall contain signatures of all parties having an ownership interest in that portion of the subdivision subject to vacation. If the subdivision is subject to restrictive covenants that were filed at the time of the approval of the subdivision, and the application for 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 vacation of the subdivision or portion thereof.
D. Notice. Notice shall be provided to all owners within the subdivision and in accordance with UPMC 21.25.040.
E. Public Hearing. The Hearings Examiner shall hold a public hearing on the vacation in accordance with UPMC Title 22 and may approve or deny the application for vacation of the subdivision after determining the public use and interest to be served by the vacation of the subdivision.
F. Dedications. If any portion of the land contained in the subdivision was dedicated to the public for public use or benefit, such land, if not deeded to the City, shall be deeded to the City, town, or county unless the City sets forth findings that the public use would not be served in retaining title to those lands.
G. Title. Title to the vacated property shall vest with the rightful owner as shown in the county records. If the vacated land is land that was dedicated to the public, for public use other than a road or street, and the City has found that retaining title to the land is not in the public interest, title thereto shall vest with the person or persons owning the property on each side thereof, as determined by the City.
When the road or street that is to be vacated is contained wholly within the subdivision and is part of the boundary of the subdivision, title to the vacated road or street shall vest with the owner or owners of property contained within the vacated subdivision.
(Ord. 500 § 1, 2007).