Chapter 18.45
ALTERATIONS OF PLATS
Sections:
18.45.010 Plat alteration distinguished from boundary line adjustment.
18.45.020 Alteration application.
18.45.030 Acceptance of application – Routing.
18.45.040 Process for review and notice of public hearing.
18.45.050 Report to hearing examiner – Review.
18.45.070 Effect – Duration of approval.
18.45.010 Plat alteration distinguished from boundary line adjustment.
(1) Applications for revisions to plats shall be processed pursuant to the procedure for alterations of plats, and shall not be considered boundary line adjustments if any one of the following threshold criteria are met:
(a) The proposed revision will result in the relocation of any internal private or public street access point to an exterior street from the plat, or an increase in the number of single-family driveway access points according to the following threshold criteria:
|
# of Relocated Driveways |
Affected Street |
|
1 or more |
Principal Arterial |
|
1 or more |
Minor Arterial |
|
1 or more |
Collector Arterial |
|
2 or more |
Residential Collector |
|
3 or more |
Neighborhood Access |
|
3 or more |
Cul-de-Sac |
(b) The change will result in any loss of open space area or buffering provided in the plat; or
(c) The city determines that the change will result in or increase any adverse impacts or undesirable effects of the project and the change significantly alters the project.
(2) This section shall not be construed as applying to the alteration or replatting of any plat of state granted tide or shorelines.
(3) This section shall not apply to alterations or reconfigurations to short subdivisions, as short subdivisions are defined in FWRC 18.05.010; provided, however, that this exception shall not apply if the short subdivision is simultaneously owned by the owner of a contiguous lot or parcel at the time of application.
(4) As used in this title, “plat alteration” shall also include reconfigurations of legally created platted or legally created unplatted lots, or both.
(Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 93-191, § 1, 11-9-93. Code 2001 § 20-140.)
18.45.020 Alteration application.
When any person is interested in the alteration of any subdivision or the altering of any portion thereof, except as provided for in FWRC 18.10.010 through 18.10.040, that person shall submit an application to request the alteration to the city.
(1) Signatories. The application shall contain the signatures of the majority of those persons having an ownership interest of lots, tracts, parcels, sites or division in the subject subdivision or a portion to be altered. If the subdivision is subject to restrictive covenants which were filed at the time of 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) Completed application defined. A completed application shall be as required for preliminary plats, pursuant to FWRC 18.35.020.
(Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 93-191, § 1, 11-9-93. Code 2001 § 20-141.)
18.45.030 Acceptance of application – Routing.
(1) Upon submittal of a completed application for alteration of plat, the department of community development services shall transmit at least one copy of the application for alteration for review and recommendation to each of the following:
(a) Public works department;
(b) Lakehaven utility district and/or city of Tacoma public utilities department and/or other utility district, as appropriate;
(c) South King Fire and Rescue;
(d) County department of public health, if septic systems are proposed for sewage disposal;
(e) Federal Way School District No. 210;
(f) Building department;
(g) Other individuals or jurisdictions as deemed appropriate by the director.
(2) An application for plat alteration shall not be accepted for filing for the purpose of official processing until:
(a) The director of community development services determines that the applicant has paid all fees and submitted all documents and information as required herein to permit a full public hearing on the merits of the application; and
(b) The director of community development services has received a notice of availability from the Lakehaven utility district and/or city of Tacoma public utilities department for sewer and water and/or other applicable utility district, as appropriate.
(Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 93-191, § 1, 11-9-93. Code 2001 § 20-142.)
18.45.040 Process for review and notice of public hearing.
(1) Upon confirmation that the plat alteration application is complete and that all pertinent requirements to the environmental policy, FWRC Title 14, have been fulfilled, the application shall be processed and reviewed following the procedures defined in Chapter 18.35 FWRC.
(2) Notice of the hearing shall be mailed to the appropriate city or county officials if the proposed plat alteration lies within one mile of the adjoining city or county boundary, and to all agencies or private companies pursuant to FWRC 18.45.030(1). Additionally, notice shall be mailed to the State Department of Transportation if the plat proposed to be altered abuts a state highway.
(3) All notices required in this section shall clearly describe in layperson’s terms the nature of the request, the location of the proposal, the date, time and location of the hearing, and address and telephone number where additional information may be obtained relative to the application.
(Ord. No. 22-933, § 4, 5-3-22; Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 93-191, § 1, 11-9-93. Code 2001 § 20-143.)
18.45.050 Report to hearing examiner – Review.
(1) No less than seven days prior to the date of the public hearing, the department of community development shall submit to the hearing examiner a written report summarizing the application for plat alteration. The report shall contain, in addition to the requirements in Chapter 18.35 FWRC, the following information:
(a) A notice of availability from the Lakehaven utility district and/or city of Tacoma public utilities department or other applicable utility department, as appropriate.
(b) If the subdivision is to contain a septic system, a letter from the county department of public health regarding the adequacy and safety of such a system.
(c) All communications from other agencies or individuals relating to the application which were received in time to be included in the report to the hearing examiner.
(d) A list of recommendations from the department of community development services, department of public works, and other appropriate departments relating to alterations or conditions of plat approval.
(e) A copy of the declaration of nonsignificance, mitigated declaration of nonsignificance, or draft environmental impact statement and final environmental impact statement, as applicable, along with a list of any required mitigation measures issued by the responsible official, if required.
(2) The hearing examiner shall review the application for plat alteration for compliance with FWRC 18.05.020 (Purpose), and the following selected design criteria:
(a) FWRC 18.55.010 – Land division design;
(b) FWRC 18.55.020 – Lot design;
(c) FWRC 18.55.030 – Density;
(d) FWRC 18.55.060 – Open space and recreation;
(e) FWRC 18.55.070 – Pedestrian and bicycle access.
(3) The hearing examiner shall also review the application for plat alteration for compliance with the following development standards:
(a) FWRC 18.60.010 – Street improvements and dedication of rights-of-way and/or easements;
(b) FWRC 18.60.020 – Density regulations;
(c) FWRC 18.60.050 – Streets and rights-of-way;
(d) FWRC 18.60.060 – Water;
(e) FWRC 18.60.070 – Sewer disposal;
(f) FWRC 18.60.080 – Storm drainage;
(g) FWRC 18.60.090 – Other utilities;
(h) FWRC 18.60.100 – Street lighting; provided, however, that the application of FWRC 18.60.100 shall apply only to new roadways proposed as a result of the alteration to the plat;
(i) FWRC 18.60.120 – Monuments.
(4) The hearing examiner shall also review the application for plat alteration for compliance with any other applicable ordinances or regulations of the city and Chapter 58.17 RCW.
(5) If any land within the alteration is part of an assessment district, any outstanding assessment shall be equitably divided and levied against the remaining lots, parcels, tracts, or be levied equitably on the lots resulting from the alteration. Easements established by dedication are property rights that cannot be extinguished or altered without the approval of the easement owner or owners, unless the subdivision or other document creating the dedicated easement provides for an alternative method or methods to extinguish or alter the easement.
(Ord. No. 22-933, § 5, 5-3-22; Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 93-191, § 1, 11-9-93. Code 2001 § 20-144.)
18.45.070 Effect – Duration of approval.
(1) Approval of the altered plat by the hearing examiner shall constitute conditional acceptance of subdivision layout and design and shall include all conditions, restrictions and other requirements adopted as part of plat alteration approval. Hearing examiner approval of a plat alteration shall not constitute approval for land clearing or grading, vegetation removal, or any other activities which otherwise require permits from the city.
(2) Prior to construction of improvements pursuant to altered plat approval, engineering drawings for public improvements shall be submitted for review and approval to the department of public works and the Lakehaven utility district and/or city of Tacoma public utilities department, as appropriate. No permits to begin construction or site work shall be granted until final approval of all utility plans, including storm drainage, the payment of all pertinent fees, and the submittal of performance securities as may be required.
(3) Conditional approval of the altered plat shall expire five years from the date of hearing examiner approval, unless the applicant requests an extension from the city. The request for extension must be submitted to the department of community development at least 60 days prior to the expiration date of the conditional plat alteration.
(4) In considering whether to grant the extension, the director shall consider the following:
(a) Whether substantial progress has been made toward completion of the approved alterations to the plat, or the initial phase of the plat, if the conditional approval of the plat alteration included phasing.
(b) Whether conditions in the vicinity of the altered lots have changed to a sufficient degree since initial approval to warrant reconsideration of the altered plat.
(5) The director may grant a one-year extension of the conditional approval of the plat alteration, or may allow division of the altered plat into separate phases, each with an expiration date and no further opportunity for extension.
(Ord. No. 22-933, § 6, 5-3-22; Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 93-191, § 1, 11-9-93. Code 2001 § 20-146.)
18.45.080 Final drawings.
After approval of the alteration and satisfaction of all approval necessary per FWRC 18.45.050(2) and 18.45.070(2), the legislative body shall order the applicant to produce a final drawing of the approved alteration of the final plat. The requirements for the final drawing shall be as required for final plats, pursuant to FWRC 18.40.010. After signature of the legislative authority, the final drawing shall be filed with the county auditor to become the lawful plat of the property.
(Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 93-191, § 1, 11-9-93. Code 2001 § 20-147.)