Chapter 16.55
PLAT AMENDMENTS
Sections:
16.55.010 What this chapter does.
16.55.040 Approval process and exceptions.
16.55.010 What this chapter does.
This chapter establishes the review, submittal requirements, and approval process for a plat amendment. [Ord. O-24-2020 § 2 (Exh. A), 2020; Ord. O-23-2005 § 3 (Exh. 1(2) § 11.1)].
16.55.020 Purpose.
This process allows for the city council and owners of property to amend a recorded plat. [Ord. O-24-2020 § 2 (Exh. A), 2020; Ord. O-23-2005 § 3 (Exh. 1(2) § 11.2)].
16.55.030 Application.
The city council, the property owner, or their duly authorized agent shall make application for a plat amendment on forms prepared by the planning director. No plat amendment application may be processed without the submission of the application, all the supporting materials as required by this chapter and the processing fee. Incomplete applications shall not be processed under any circumstance.
A. Supporting Materials. The following items shall be submitted with an application for a plat amendment. The number of hard copies and electronic copies, as well as the appropriate format of each, will be determined by the planning director.
1. Petition. A signed petition shall be submitted that consists of the following: (a) an explanation of the purpose of the proposed amended plat; (b) the name and address of all owners of record of the land contained in the entire plat; (c) the name and address of all owners of record that are adjacent to any street that is proposed to be vacated, altered, or amended; (d) the signatures of each of these owners who consent to the petition.
2. Title Report. A title report shall be submitted for the area proposed to be amended.
3. Proposed Amended Plat. The amended plat shall be submitted. This plat must define what portion of the plat is being amended.
4. Recorded Plat. The recorded plat should be submitted to show the existing boundaries and/or lot lines.
5. Public Notice. Addressed stamped envelopes of all property owners within 600 feet of any boundary of the property to be amended (including a minimum of at least 25 adjacent property owners).
6. Declaration of Covenants, Conditions, and Restrictions. Declaration of covenants, conditions and restrictions shall be submitted for any new lot if required by the current recorded plat.
7. Fee. The processing fee required by the current consolidated fee schedule approved by the city council. [Ord. O-24-2020 § 2 (Exh. A), 2020; Ord. O-23-2005 § 3 (Exh. 1(2) § 11.3)].
16.55.040 Approval process and exceptions.
The plat amendment application shall not be construed as an absolute right upon submission of an application and does not require the approval body to take action based upon findings of facts. The approval process for a plat amendment shall be as follows:
A. Planning Commission Review. Upon receipt of a completed application and subsequent review by the staff, the planning director shall place the application on the planning commission’s agenda within 30 days.
B. City Council Public Hearing. Upon the planning commission’s review and recommendation the city council shall have 45 days to conduct a public hearing on the proposed plat amendment if a public hearing is required. A public hearing is required if the proposed plat change includes the vacation of a public street or alley. A public hearing may be required if all of the property owners in the subdivision have not signed the petition or, upon receiving notice of the public hearing, an affected property owner objects in writing to the proposed plat amendment.
1. Public Notice. Public notices shall be given as follows:
a. Lot Amendment. Each owner of property located within 600 feet of the property (including a minimum of at least 25 adjacent property owners and affected entities if there be any) that is the subject of the proposed plat change shall receive notice by mail. A copy of the public notice of the hearing shall also be posted in three public places (including the city offices) within the city at least 10 days prior to the hearing. The mailed notice shall include the following:
i. A statement that anyone objecting to the proposed plat change must file a written objection to the change within 10 days of the date of the notice;
ii. A statement that if no written objections are received by the appointed person within the 10 days, a public hearing may not be held; and
iii. The date, place, and time when a hearing will be held, if one is required, to consider a vacation, alteration, or amendment.
b. Street Amendment. If the proposed change involves the vacation, alteration, or amendment of a street, the responsible body or officer shall give notice of the date, place, and time of the hearing by:
i. Mailing a notice as required in subsection (B)(1)(a) of this section; and
ii. Publishing the notice once a week for four consecutive weeks before the hearing in a newspaper of general circulation.
C. Adoption of Ordinance. The city council shall consider the criteria in this chapter when reviewing plat amendments. If the plat amendment is approved, the city council shall adopt an ordinance that contains a finding that the city council is satisfied that neither the public nor any person will be materially injured by the proposed vacation, alteration, or amendment, and that there is good cause for the vacation, alteration, or amendment.
D. Minor Plat Amendments. Minor plat amendments may be approved by the planning director or designee if the proposed change involves a minor change not including the addition of lots or vacation, alteration, or amendment of a street. All minor plat amendments are subject to the applicable requirements of the plat amendment code.
E. Exception(s). Subdivision amendment approval shall not be required for a lot line adjustment between a single lot and an adjoining lot or parcel – even if it alters the outside boundary of the subdivision between the two properties. [Ord. O-15-2024 § 2 (Exh. A); Ord. O-24-2020 § 2 (Exh. A), 2020; Ord. O-23-2005 § 3 (Exh. 1(2) § 11.4)].