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A. Scope. Any person seeking to modify or amend a subdivision or any portion thereof shall comply with the requirements set forth in Chapter 58.17 RCW and submit an application to request the amendment to the City.

B. Application.

1. The application shall contain the 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 modified.

2. If the subdivision is subject to restrictive covenants which were recorded at the time of the approval of the subdivision, and the application for modification 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 modify the relevant covenants to accomplish the purpose of the alteration of the subdivision or portion thereof. Modification to existing covenants shall be recorded simultaneous with recording of the approved modification to the final plat pursuant to subsection E of this section.

C. Notice. Upon receipt of an application for modification, the City shall provide notice of the application to all owners of property within the subdivision pursuant to the requirements of LUC 20.35.120, 20.35.135, and 20.45A.110. The notice shall either establish a date for a public hearing or provide that a hearing may be requested by a person receiving notice within 14 days of receipt of the notice.

D. Decision Criteria. The Director may administratively approve or approve with modifications an application for amendment to a final plat, provided:

1. The proposed amendment to a final plat makes appropriate provisions for, but not limited to, the public health, safety and general welfare; for open spaces, drainage ways, streets, sidewalks, alleys, other public ways, water supplies, sanitary waste, parks, playgrounds, sites for schools and school grounds;

2. The public use and interest is served by the amendment;

3. The proposed amendment to a final plat appropriately considers the physical characteristics of the subdivision site;

4. The proposed amendment complies with all applicable provisions of the Land Use Code, the Bellevue City Code, and Chapter 58.17 RCW;

5. The proposed amendment is consistent with the Comprehensive Plan, BCC Title 21; and

6. Each lot in the proposal can reasonably be developed in conformance with current Land Use Code requirements without requiring a variance; however, requests for modifications to the requirements of Part 20.25H LUC, where allowed under the provisions of that part, may be considered together with an application for amendment to a final plat, provided the resulting lots may each be developed without individually requiring a variance.

E. Limitations.

1. If any land within the proposed amendment 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.

2. If any land within the proposed modification 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.

3. This section shall not be construed as applying to the modification or replatting of any plat of State-granted shorelands.

F. Recording Required. After approval of the amendment, the applicant shall produce a revised drawing of the approved modification to the final plat which, after signature by the City, shall be filed with the County Auditor to become the lawful plat of the property. (Ord. 5790, 12-3-07, § 5)