Fircrest City Zoning Code
CHAPTER 22
20 PLAT VACATION AND ALTERATION
§ 22.20.001 Requirements for a complete plat vacation application.
(a)
Number of copies: 20. The number of copies required may be modified by the director.
(b)
Application Contents. In addition to the requirements for a complete application as set forth in FMC § 22.06.002, an applicant for a plat vacation shall submit the following:
(1)
The reasons for the proposed vacation;
(2)
Signatures of all parties having an ownership interest in that portion of the subdivision proposed to be vacated;
(3)
If the subdivision is subject to restrictive covenants which were filed at the time of the approval of the subdivision, and the application for vacation 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;
(4)
Copies of the approved plat sought to be vacated, together with a plat amendments recorded since the date of the original approval.
(Ord. 1122 § 2, 1996)
§ 22.20.002 Type of approval and criteria for approval of a plat vacation.
(a)
Type of Application. A plat vacation is a Type III-A application. The hearing examiner shall make the final decision on all plat vacations. A short plat vacation is a Type II application and shall be processed in accordance with Chapter 22.17 FMC.
(b)
Criteria for Approval. The plat vacation may be approved or denied after a written determination is made whether the public use and interest will be served by the vacation of the subdivision. If any portion of the land contained in the subdivision was dedicated to the public for public use or benefit, such land, if not deeded to the city, shall be deeded to the city unless the city council sets forth findings that the public use and interest would not be served in retaining title to those lands.
(c)
Vacation of Streets. When the vacation application is specifically for a city street vacation, the city's street vacation procedures shall be utilized. When the application is for the vacation of a plat together with the streets, the procedure for vacation in this section shall be used, but vacations of streets may not be made that are prohibited under Chapter 35.70 RCW or the city's street vacation ordinance. Private rights or potential rights need to be respected in any vacation of existing street dedications.
(Ord. 1122 § 2, 1996; Ord. 1638 § 15, 2019)
§ 22.20.003 Requirements for a complete plat alteration application.
(a)
Number of copies: 20. The number of required copies may be modified by the director.
(b)
Application Contents. In addition to the requirements for a complete application as set forth in FMC § 22.06.002, an applicant for a plat alteration shall submit the following:
(1)
Signatures of the majority of those persons having an ownership interest of lots, tracts, parcels, sites or divisions in the subject subdivision or portion to be altered;
(2)
If the subdivision is subject to restrictive covenants which were filed at the time of the 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;
(3)
Copies of the approved plat sought to be altered, together with all plat amendments recorded since the date of the original approach.
(Ord. 1122 § 2, 1996; Ord. 1244 § 12, 2000)
§ 22.20.004 Type of application and criteria for approval of a plat alteration.
(a)
Type of Application. A plat alteration is a Type III-A application. The hearing examiner shall make the final decision on all plat vacations. A short plat alteration is a Type II application and shall be processed in accordance with Chapter 22.17 FMC.
(b)
Criteria for Approval. The plat alteration may be approved or denied after a written determination is made whether the public use and interest will be served by the alteration of the subdivision. 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. If any land within the alteration contains a dedication to the general use of persons residing within the subdivision, such land may be altered and divided equitably between the adjacent properties. A plat alteration must also be consistent with FMC § 22.20.002(c).
(c)
Revised Plat. After hearing examiner or director approval of the alteration, the hearing examiner or director shall direct the applicant to produce a revised drawing of the approved alteration of the final plat which, after city signature, shall be filed with the county auditor to become the lawful plat of the property.
(Ord. 1122 § 2, 1996; Ord. 1301 § 7, 2002; Ord. 1638 § 16, 2019)
§ 22.20.005 Submittal of copies of recorded plat alteration.
Within 15 days of recording the plat alteration with the Pierce County auditor, the applicant shall provide two paper copies of the recorded plat alteration and an electronic file in WA state-plane coordinate system to the planning/building department.
(Ord. 1122 § 2, 1996; Ord. 1244 § 13, 2000; Ord. 1575 § 7, 2016)
