Chapter 11.18
FINAL PLAT AND FINAL BINDING SITE PLAN ALTERATION AND VACATION
Sections:
11.18.040 Additional notice of public hearing.
11.18.050 Requirements for a complete application.
11.18.060 Criteria for approval.
11.18.070 Time limitation for final decision.
11.18.010 Purpose.
The purpose of this chapter is to regulate final short plat, final plat and final binding site plan alterations and vacations. This procedure does not apply to the modification or revision of any preliminary short plat, preliminary plat or preliminary binding site plan. The procedure for vacation of plats does not apply to the vacation or alteration of any plat of state-granted tide or shore lands. When the vacation application is specifically for a city street, the procedures for street vacations in Chapter 35.79 RCW shall be utilized for the street vacation. When the application is for the vacation of a short plat, plat or binding site plan, together with the roads/streets, the procedure for vacation in this chapter shall be used, but vacations of streets subject to RCW 35.79.035 may not be made under this procedure. (Ord. 2014-10 § 1 (Exh. B))
11.18.020 Administration.
The administrator of this title is authorized and directed to administer the provisions of this chapter. The authority to approve, approve with conditions or deny proposed short plat, plat and binding site plan vacations is granted to the Wenatchee city council after a public hearing. The authority to approve, approve with conditions or deny proposed short plat, plat and binding site plan alterations is granted to the city of Wenatchee hearing examiner after a public hearing. (Ord. 2014-10 § 1 (Exh. B))
11.18.030 Procedure.
The processing of a short plat, plat or binding site plan alteration or vacation application shall be processed consistent with the provisions of WCC 13.09.050, Type III quasi-judicial review of applications. (Ord. 2014-10 § 1 (Exh. B))
11.18.040 Additional notice of public hearing.
In addition to the notice provided to the general public of the public hearing, the city shall provide notice of the city’s receipt of an application for vacation or alteration of a short plat, plat or binding site plan to all owners of property within the short plat, plat or binding site plan (excluding the owners of the property identified in the application), and as provided for in RCW 58.17.080 and 58.17.090. The notice shall include the date of the public hearing on the application. (Ord. 2014-10 § 1 (Exh. B))
11.18.050 Requirements for a complete application.
The following materials shall be submitted to the city for a complete application:
(1) For an application to vacate a short plat, plat or binding site plan:
(a) The signatures of all parties having an ownership interest in that portion of the short plat, plat or binding site plan subject to vacation;
(b) Date, name, address and telephone number of the applicant and/or property owner. If the applicant is not the property owner, verification must be provided of the property owner’s consent for the applicant to submit the application to the city;
(c) The reasons for the proposed vacation;
(d) If the short plat, plat or binding site plan is subject to restrictive covenants which were filed at the time of the approval of the plat, short plat or binding site plan, and the application for vacation would result in the violation of a covenant, the application shall include an agreement signed by all parties subject to the covenants, which provides that the parties agree to terminate or alter the restrictive covenants to accomplish the purpose of the vacation of the plat, short plat or binding site plan;
(e) Acknowledgement that if any street is included in the application for a vacation, that the applicant shall be required to pay the amount contemplated in RCW 35.79.030, if the vacation is granted;
(f) A copy of the approved plat, short plat or binding site plan sought to be vacated, together with all plat and binding site plan amendments recorded since the date of the original approval;
(g) A recent title report or plat certificate for each property affected by the vacation, confirming that the title of the lands as described and shown in the proposed vacation area is in the name of the owner(s) signing the application;
(h) If the vacation is for a portion of the short plat, plat or binding site plan, the applicant must demonstrate that the partial vacation will not violate the terms of the short plat, plat or binding site plan approval or this title.
(2) For an application to alter a short plat, plat or binding site plan:
(a) The signatures of the majority of those persons having an ownership interest of the lots, tracts, parcels, sites or divisions in the subject short plat, plat or binding site plan or portion to be altered. For the purposes of this chapter, the term “majority” means a number that is greater than half of a total;
(b) Date, name and address and telephone number of the applicant and/or property owner. If the applicant is not the property owner, verification must be provided of the property owner’s consent for the applicant to submit the application to the city;
(c) The reasons for the proposed alteration;
(d) If the short plat, plat or binding site plan is subject to restrictive covenants which were filed at the time of the approval of the short plat, plat or binding site plan, 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 covenant, providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration of the short plat, plat or binding site plan;
(e) A copy of the proposed short plat, plat or binding site plan to be altered, together with all short plat, plat or binding site plan amendments, as recorded;
(f) A recent title report or plat certificate for each property affected by the alteration, confirming that the alteration is in the name of the owners(s) signing the application;
(g) If the alteration is for a portion of the short plat, plat or binding site plan, the applicant must demonstrate that the alteration will not violate the terms of short plat, plat or binding site plan approval or this title. (Ord. 2014-10 § 1 (Exh. B))
11.18.060 Criteria for approval.
(1) Vacation Criteria.
(a) Vacation. The short plat, plat or binding site plan vacation may be approved, approved with conditions or denied after a written determination, with findings and conclusions, is made whether the public use and interest will be served by the vacation. If any portion of the land contained in the short plat, plat or binding site plan was dedicated to the public for public use and benefit, such land, if not already deeded to the city, shall be deeded to the city as a condition of approval, unless the city decision-maker shall make findings that the public use would not be served in retaining title to those lands. Easements established by dedication are property rights that cannot be extinguished or altered without the approval of the easement owner or owners, unless the short plat, plat or binding site plan or other document creating the dedicated easement provides an alternative method or methods to extinguish or alter the easement.
(b) Street Vacation. When the vacation application is specifically for vacation of a city street, the street vacation procedures in Chapter 35.79 RCW shall be utilized. When the procedure is for the vacation of a short plat, plat or binding site plan together with the streets, the vacation procedure in this chapter shall be used, but vacation of streets may not be made that is prohibited under RCW 35.79.035.
(c) Title to Vacated Property. Title to the vacated property shall vest with the rightful owner as shown on the county’s records. If the vacated land is land that was dedicated to the public, for public use other than a road or a street, and the city council has found that retaining title to the land is not in the public interest, title thereto shall vest with the person(s) owning the property on each side thereof, as determined by the county. When the road or street that is to be vacated is contained wholly within the short plat, plat or binding site plan, title to the vacated road or street shall vest with the owner(s) of property contained within the vacated short plat, plat or binding site plan.
(2) Alteration Criteria.
(a) The alteration may be approved, approved with conditions or denied after a written determination, with findings and conclusions in support thereof, is made whether the public use and interest will be served by the alteration.
(b) If the applicant seeks to further divide property in a short plat, plat or binding site plan, then a separate application shall be submitted for this purpose and the appropriate procedure in WCC Title 11, Subdivisions, shall be used to divide the property.
(c) If any land within the alteration area is part of an assessment district, any outstanding assessments shall be equally divided and levied against the remaining lots, parcels or tracts, or be levied equitably on the lots resulting from the alteration.
(d) If any land within the alteration application contains a dedication to the general use of persons residing within the short plat, plat or binding site plan, such land may be altered and divided equally between the adjacent properties. (Ord. 2014-10 § 1 (Exh. B))
11.18.070 Time limitation for final decision.
A vacation or alteration application is not subject to the deadlines for issuance of a final decision in RCW 36.70B.080 because the decisions that must be made to review such applications may involve delays relating to the provision of public notice to affected owners of property interests in the applications, city council evaluations of recommendations whether dedications of property to the public are needed for future public use, etc. (Ord. 2014-10 § 1 (Exh. B))
11.18.080 Recording.
After approval of an alteration or vacation, the city shall direct the applicant to produce a revised drawing of the approved alteration or vacation of the short, final plat or final binding site plan. The council shall authorize the mayor to sign the approved alteration or vacation, and the city shall record it with the county auditor at the applicant’s cost. (Ord. 2014-10 § 1 (Exh. B))