Chapter 14.25 ALTERATIONS AND VACATIONS

Chapter 14.25
ALTERATIONS AND VACATIONS

Sections:

14.25.010 Alterations to a Recorded Subdivision

A. The majority of those persons having an ownership interest in the subject lots, tracts, or parcels of a recorded long subdivision may petition the Hearing Examiner for alterations to any portion thereof, or to any conditions for final approval.

B. The City shall not reconsider its original approval and related conditions except where new or previously unrecognized circumstances (such as the discovery of new sensitive areas on site) exist regarding the subject property.

C. The City shall consider no application for alteration that would in its effect substitute an appeal under Chapters 15.115 and 16A.17 SMC.

D. The Hearing Examiner shall not consider any application under this section that might otherwise be reviewed under Chapter 14.20 SMC.

E. Applications for the alteration of an approved subdivision shall be made on the forms and in the manner prescribed by the Director, and shall be otherwise consistent with the requirements of this chapter.

1. An application for alteration shall at a minimum include all items required for preliminary subdivision review.

2. Preliminary and final plats submitted with an application for alteration shall portray the entire subdivision as it will be amended. Partial plats shall not be considered.

3. The application shall further include the authorizing signatures representing the majority of lots, tracts, parcels or sites in the subject subdivision or portion to be altered.

4. Where the subdivision or portion to be altered is subject to restrictive covenants, and alteration would result in the negation or violation of one (1) or more covenants, the application shall only be considered once it includes a written agreement by which all parties agree to the termination or alteration of such covenants. All owners of land subject to the covenants must sign the agreement for it to be considered valid.

F. Upon receipt of an application for alteration, the applicant shall provide notice of the application to all owners of property subject to the original subdivision or binding site plan, and as otherwise provided under Chapter 16A.09 SMC. The notice shall indicate the date and location of the public hearing during which the Hearing Examiner shall receive testimony on the alteration.

G. The staff report on the application shall include specific review concerning the nature of the proposed changes and their general consistency with the original approval.

H. The Hearing Examiner shall approve or deny the proposed alteration following its consideration of the public interest, testimony, the staff report and any other information deemed appropriate. The Hearing Examiner shall approve or deny a proposed alteration within ninety (90) days of the submittal of a complete application.

I. 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.

J. Where any land subject to alteration contains a tract for the general use of persons residing within the subdivision, such land may be altered and divided equitably between the adjacent properties.

K. Following approval of the alteration, the applicant shall provide a revised final plat of subdivision. Following certification of the revised plat by signature of the City Manager, it shall be filed with King County and become the lawful plat of the property. (Ord. 18-1008 § 1; Ord. 16-1007 § 29; Ord. 09-1012 § 1 (Exh. A))

14.25.030 Vacation of a Final Plat

A. Plat vacations shall be processed as follows and in accordance with the provisions of RCW 58.17.212.

B. All plat vacation applications shall be referred to the Hearing Examiner for public hearing and consideration pursuant to SMC 1.20.090 and RCW 58.17.212. Following the public hearing the hearing examiner shall determine if the proposed plat vacation is consistent with the required findings of RCW 58.17.212.

C. Notice of a vacation of a final plat shall be the same as required for notice of a preliminary plat under SMC Title 16A.

D. Applications for vacations of roads may be processed pursuant to this chapter only when such road vacations are proposed in conjunction with the vacation of the plat. Vacations limited to city roads shall be processed in accordance with Chapter 36.87 RCW. (Ord. 18-1008 § 1; Ord. 09-1012 § 1 (Exh. A))