Chapter 20.70
STREET VACATIONS
Sections:
20.70.000 Purpose.
20.70.010 Applicability.
20.70.020 Criteria for vacation.
20.70.030 City easement rights for public utilities and services.
20.70.040 Limitations on vacations.
20.70.050 Initiation of proceedings.
20.70.060 Application requirements.
20.70.070 Public hearing – Date fixing.
20.70.80 Staff report preparation
20.70.090 Public notification – Contents and distribution.
20.70.100 Vacation file content and availability.
20.70.110 Public hearing – Required.
20.70.120 Public hearing – Continuation.
20.70.130 Public hearing – Presentation by planning manager.
20.70.140 Final decision.
20.70.000 Purpose.
This chapter establishes the procedure and criteria that the city will use to decide upon vacations of streets, alleys, and public easements. [Ord. 2933 § 1, 1993].
20.70.010 Applicability.
This chapter applies to each request for vacation by city council or by petition. Note: if the street to be vacated is shown on the official street map (Chapter 19.80 ECDC), the approved street vacation also changes the official street map to remove the vacated street (See Chapter 20.65 ECDC). [Ord. 2933 § 1, 1993].
20.70.020 Criteria for vacation.
The city council may vacate a street, alley, or easement only if it finds that:
A. The vacation is in the public interest; and
B. No property will be denied direct access as a result of the vacation. [Ord. 2933 § 1, 1993].
20.70.030 City easement rights for public utilities and services.
In vacating a street, alley, or easement, the city council may reserve for the city any easements or the right to exercise and grant any easements for public utilities and services. [Ord. 2933 § 1, 1993].
20.70.040 Limitations on vacations.
A. Areas that May Not Be Vacated. The city may not vacate any street, alley, easement, or part thereof that abuts any body of water unless all elements of RCW 35.79.035 are complied with, and the vacated area will thereby become available for the city or other public entity to acquire and to use for a public purpose.
B. Objection by Property Owner. The city shall not proceed with the vacation if the owners of 50 percent or more of the property abutting the street or alley or part thereof, or underlying the easement or part thereof, to be vacated file a written objection in the planning division prior to the time of the hearing. [Ord. 2933 § 1, 1993].
20.70.050 Initiation of proceedings.
A vacation may be initiated by:
A. City council; or
B. The owners of more than two-thirds of property abutting the portion of the street or alley to be vacated or, in the case of an easement, two-thirds of property underlying the portion of the easement to be vacated. [Ord. 2933 § 1, 1993].
20.70.060 Application requirements.
An applicant may apply for a vacation by submitting the following:
A. A vacation petition with supporting affidavits on forms provided by the planning division;
B. A legal description of the street, alley, easement, or part thereof to be vacated. This legal description shall be prepared by a surveyor registered in the state of Washington;
C. Fifteen paper copies of a site map showing the street, alley, easement or part thereof to be vacated and showing all properties with subdivision, block, lots, and specifying open and unopened rights-of-way for a radius of 400 feet from the street, alley, easement, or part thereof, to be vacated. These site maps must be at a scale of 1" = 50';
D. An 8-1/2-by-11-inch clear plastic transparency of the site map;
E. Address labels obtained from the Snohomish County comptroller's office containing the names and addresses of the owners of all property within 300 feet of any boundary of the street, alley, easement, or part thereof, to be vacated;
F. A copy of the Snohomish County assessor's map identifying the properties specified in subsection E of this section;
G. Two copies of an appraisal prepared by a qualified land appraiser with an M.A.I. designation, establishing the fair market value of the street, alley, or part thereof to be vacated. An appraisal is not required if a utility easement only is proposed to be vacated;
H. A completed application and fee as established by ordinance;
I. If the property was originally dedicated by one and only one of the abutting properties, the designation of the property from which the right-of-way was dedicated; and
J. Any additional information or material that the manager of the planning division or his/her appointee determines is reasonably necessary for the city council to consider the requested vacation. [Ord. 2933 § 1, 1993].
20.70.070 Public hearing – Date fixing.
Subsequent to the completion of an application, or initiation by city council, the city council shall by resolution fix a time when the city council will hold a public hearing on the proposed vacation. The hearing will be not more than 60 days nor less than 20 days after the date of passage of the resolution. [Ord. 2933 § 1, 1993].
20.70.80 Staff report preparation.
A. Contents. The planning manager or his/her designee shall prepare a staff report containing the following information:
1. All pertinent application materials submitted by the applicant;
2. All comments regarding the vacation received in the planning division prior to distribution of the staff report;
3. An analysis of the requested vacation in relation to the provisions of this chapter and the applicable provisions of the comprehensive plan; and
4. A recommendation on the vacation.
B. Distribution. Prior to the hearing, the planning manager shall distribute this report to:
1. Each member of the city council; and
2. Each applicant (if applicable). [Ord. 2933 § 1, 1993].
20.70.090 Public notification – Contents and distribution.
A. Content. The city clerk shall prepare a public notice containing the following information:
1. A statement that a request to vacate the street, alley, easement, or part thereof will be considered by the city council;
2. A locational description in nonlegal language along with a vicinity map that identifies the street, alley, easement, or part thereof;
3. A statement of the time and place of the public hearing before the city council;
4. A statement of the availability of the vacation file; and
5. A statement of the right of any person to submit written comments to the city council prior to or at the public hearing and to appear before the city council at the hearing to give comments orally.
B. Distribution. At least 20 calendar days before the public hearing the planning manager shall distribute the public notice as follows:
1. A copy will be sent to the owner of each piece of property within 300 feet of any boundary of the street, alley, easement, or part thereof to be vacated;
2. A copy will be sent to each resident living immediately adjacent to the street, alley, easement, or part thereof to be vacated;
3. A copy will be published in the official newspaper of the city;
4. At least three copies will be posted in conspicuous public places in the city; and
5. At least three copies will be posted on the street, alley, easement, or part thereof to be vacated. [Ord. 2933 § 1, 1993].
20.70.100 Vacation file content and availability.
A. Content. The planning manager shall compile a vacation file which contains all information pertinent to the proposed vacation.
B. Availability. This file is a public record. It is available for inspection and copying in the planning division during regular business hours. [Ord. 2933 § 1, 1993].
20.70.110 Public hearing – Required.
The city council shall hold a public hearing on each requested vacation. [Ord. 2933 § 1, 1993].
20.70.120 Public hearing – Continuation.
The city council may continue the hearing if, for any reason, it is unable to hear all of the public comments on the vacation, or if the city council determines that it needs more information on the vacation. If during the hearing, the city council announces the time and place of the next hearing on the vacation, no further notice of the hearing need be given. [Ord. 2933 § 1, 1993].
20.70.130 Public hearing – Presentation by planning manager.
At the outset of the hearing, the planning manager or his/her designee shall make a brief presentation of:
A. An analysis of the requested vacation in relation to the provision of this chapter and the applicable provisions of the comprehensive plan; and
B. A recommendation on the requested vacation. [Ord. 2933 § 1, 1993].
20.70.140 Final decision.
A. Generally. Following the public hearing, the city council shall, by motion approved by a majority of the entire membership in a roll call vote, either:
1. Adopt an ordinance granting the vacation; or
2. Adopt a motion denying the vacation; or
3. Adopt a resolution of intent to vacate stating that the city council will, by ordinance, grant the vacation if the applicant meets specific conditions within 90 days. The city may require the following as conditions:
a. Either:
i. Monetary compensation to be paid to the city in the amount of up to one-half the fair market value for the street, alley, or part thereof to be vacated unless acquired at “public expense”, then full appraised value shall be paid; or
ii. The grant of a substitute public right-of-way which has value as an access way at least equal to the vacated street, alley, or part thereof; or
iii. Any combination of paragraphs A(3)(a)(i) and A(3)(a)(ii) of this section totaling but not more than one-half the fair market value of the street, alley, or part thereof to be vacated.
OR
b. A grant of an easement to the city in exchange for the easement vacated.
If the applicant complies with conditions imposed in the resolution of intent to vacate within 90 days, the city council shall adopt an ordinance granting the vacation.
B. Findings Required. As part of each ordinance granting a vacation, motion denying a vacation, or resolution of intent to vacate, the city council shall adopt findings and conclusions to support its decision.
C. Distribution. Within five working days of the city council decision, the planning manager shall mail a copy of the notice of decision to the applicant and all persons who submit a written or oral testimony at the city council's hearing. [Ord. 2933 § 1, 1993; Ord. 2493, 1985].