Chapter 18.50 VACATION OF SUBDIVISIONS

Chapter 18.50
VACATION OF SUBDIVISIONS

Sections:

18.50.020 Acceptance of application – Routing.

18.50.030 Process for review and notice of public hearing.

18.50.040 Report to hearing examiner – Review.

18.50.010 Plat vacation application.

When any person is interested in the vacation of any subdivision, that person shall submit an application to request the vacation 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 vacated. 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 vacation 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. 98-309, § 3, 1-6-98. Code 2001 § 20-148.)

18.50.020 Acceptance of application – Routing.

(1) Upon submittal of a completed application for vacation of plat, the department of community development services shall transmit at least one copy of the application for vacation 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;

(d) County department of public health, if septic systems are proposed for sewage disposal;

(e) Federal Way School District No. 210;

(f) Building division; and

(g) Other individuals or jurisdictions as deemed appropriate by the director.

(2) An application for plat vacation shall not be accepted for filing for the purpose of official processing until 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.

(Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 98-309, § 3, 1-6-98. Code 2001 § 20-148.2.)

18.50.030 Process for review and notice of public hearing.

(1) Upon confirmation by the director of community development services that the plat vacation application is complete, the application shall be processed and reviewed following the procedures defined in FWRC 18.35.060 et seq.

(2) Notice of the hearing shall be mailed to the appropriate city or county officials if the proposed plat vacation lies within one mile of the adjoining city or county boundary, and to all agencies or private companies pursuant to FWRC 18.50.020(1).

(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. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 98-309, § 3, 1-6-98. Code 2001 § 20-148.4.)

18.50.040 Report to hearing examiner – Review.

(1) No less than seven days prior to the date of the public hearing, the department of community development services shall submit to the hearing examiner a written report summarizing the application for plat vacation. The report shall contain, in addition to the requirements in FWRC 18.35.020 et seq., the following information:

(a) 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.

(b) A list of recommendations from the department of community development services, department of public works, and other appropriate departments relating to plat vacation approval.

(2) The hearing examiner shall review the application in accordance with the procedures stipulated in Chapter 19.70 FWRC, Process IV – Hearing Examiner.

(Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 98-309, § 3, 1-6-98. Code 2001 § 20-148.6.)

18.50.050 City council review, action.

City council review of hearing examiner recommendations on applications for plat alterations shall be limited to the record of the hearing examiner, oral comments received at the public meeting (so long as such comments do not raise new issues or information not contained in the examiner’s record) and the hearing examiner’s report.

(Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 98-309, § 3, 1-6-98. Code 2001 § 20-148.8.)