Chapter 12.17
STREET VACATION
Sections:
12.17.020 Petition method – Procedure.
12.17.030 Petition method – Compensation.
12.17.040 Resolution method – Procedure.
12.17.060 Limitations on vacations abutting bodies of water.
12.17.010 Purpose.
This chapter establishes procedures and criteria for the vacation of city right-of-way or easements. The provisions of this chapter supplement Chapter 35.79 RCW. [Ord. 339 § 4, 2003]
12.17.020 Petition method – Procedure.
A. The owners of two-thirds interest in any real estate abutting any city right-of-way, or any part thereof, may file a petition with the city clerk giving a description of the property to be vacated, together with a nonrefundable street vacation fee established by the council. Petitions shall comply with petition requirements of RCW 35A.01.040.
B. After verification of the petition by city staff, the city council by resolution shall fix a time when the petition will be heard by the hearing examiner not more than 60 days nor less than 20 days after the date of the passage of such resolution.
C. The city shall post a public notice at least 20 calendar days before the hearing in three conspicuous public places and in a conspicuous place on the street or alley sought to be vacated. Copies of the notice shall be mailed to each owner of property within 500 feet of the proposed vacation area at least 15 days before the hearing. The notice shall include:
1. A statement that a petition has been filed to vacate the street or alley;
2. The description of street or alley to be vacated; and
3. The time and place of the hearing of the petition.
D. The hearing examiner shall conduct an open record hearing to determine whether the hearing examiner will recommend approval of the petition to the city council based on criteria of this chapter and planning and engineering staff recommendations.
E. After the hearing examiner has issued their recommendation the petitioner shall pay the actual cost for preparation of the appraisal report to determine the fair market value of the subject property together with a deposit to cover anticipated closing costs required by the vacation as recommended by the hearing examiner.
F. The city council may adopt, reject, or modify the recommendation of the hearing examiner. If the city council determines to grant the petition or any part thereof, a vacation ordinance shall be adopted. The effective date and recording of a certified copy of the ordinance with the King County recorder’s office shall be conditioned on the payment of compensation and expenses under this chapter and recording of utility or other public easements necessary to satisfy vacation criteria. [Ord. 821 § 1, 2018; Ord. 648 § 1, 2012; Ord. 339 § 4, 2003]
12.17.030 Petition method – Compensation.
A. The amount of compensation shall be the full-appraised value of the area to be vacated if the vacated property has been part of the dedicated public right-of-way for 25 years or more, or if the property was acquired at public expense. Compensation shall be one-half of the appraised fair market value if dedicated less than 25 years.
B. The vacation ordinance shall appropriate the compensation received from the vacation, provided one-half of the proceeds shall be dedicated to the acquisition, improvement, development, and related maintenance of public open space or transportation capital projects within the city. [Ord. 339 § 4, 2003]
12.17.040 Resolution method – Procedure.
A. The city council may propose a vacation by resolution of intent to vacate in lieu of a petition from abutting property owners. The resolution shall set a hearing before the hearing examiner within the timeframes of SMC 12.17.020(B).
B. A notice of hearing shall be posted and mailed as required by SMC 12.17.020(C), except the notice shall state the vacation was initiated by the city council and further state that if 50 percent of the abutting property owners file written objection to the proposed vacation with the city clerk prior to the hearing examiner hearing, the vacation proceeding will terminate.
C. If sufficient objections to the vacation are not filed, the hearing examiner shall hold an open record hearing, and make a recommendation to the council based on the vacation criteria of this chapter and recommendations of planning and engineering staff.
D. The city council shall hold a closed record hearing to consider the hearing record and recommendation of the hearing examiner. [Ord. 648 § 1, 2012; Ord. 339 § 4, 2003]
12.17.050 Hearing criteria.
The hearing examiner and city council shall find each of the following criteria is satisfied in making their recommendation and decision:
A. The vacation will benefit the public interest;
B. The proposed vacation will not be detrimental to traffic circulation, access, emergency services, utility facilities, or other similar right-of-way purposes;
C. The street or alley is not a necessary part of a long-range circulation plan or pedestrian/bicycle plan; and
D. The subject vacation is consistent with the adopted comprehensive plan and adopted street standards. [Ord. 648 § 1, 2012; Ord. 339 § 4, 2003]
12.17.060 Limitations on vacations abutting bodies of water.
Vacations of a street or alley abutting a body of fresh or salt water must comply with all the procedures and criteria of RCW 35.79.035 in addition to this chapter. [Ord. 339 § 4, 2003]