Chapter 22.140
STREET VACATIONS
Sections:
22.140.020 Initiation of vacation.
22.140.030 Planning commission review and recommendation.
22.140.040 City council decision.
22.140.050 Vacation of waterfront streets.
22.140.060 Application of zoning district designation.
22.140.070 Recording of ordinance.
22.140.080 Compliance to city council conditions.
22.140.090 Record of survey required.
22.140.110 Costs of title transfer to be borne by proponent.
22.140.010 Purpose.
This chapter establishes the procedures, notice requirements and fees for the vacation of public streets and alleys within the City in conformance with the authority granted to the City by Chapter 35.79 RCW and RCW 35A.47.020. (Ord. 07-015 § 4, 2007).
22.140.020 Initiation of vacation.
The owners of an interest in any real property abutting any public street or alley who may desire to vacate the street or alley, or any part thereof, may petition the city council. In the alternative, the city council may itself initiate a vacation by resolution. The petition or resolution shall be filed with the city clerk or designee.
A. Petition for Vacation. The petition shall be in a form prescribed by the City and shall be signed by the owners of more than two-thirds of the property abutting the portion of the street or alley sought to be vacated.
B. Petition Fees. Every petition for the vacation of any public street, alley or any part thereof shall be accompanied by a fee in an amount established by resolution of the City to defray the administrative costs incurred in processing the petition and publishing, posting and mailing notices. The set amount shall be stated in the City of Spokane Valley Master Fee Schedule. Once paid, the fees shall not be refunded.
C. Submittal Requirements for Petitions. Every petition shall be accompanied by the following:
1. A Spokane County assessor’s map showing with a solid red line the portion of the street or alley sought to be vacated;
2. A vicinity map showing the general area of the proposed vacation;
3. A copy of the record of survey, if available, for the subject street and alley proposed for vacation and abutting properties, streets and alleys within 100 feet on all sides of the proposed vacation;
4. Written evidence of any and all utility easements, other allowances or reservations, whether public or private, pertaining to the street or alley proposed for vacation; and
5. A written narrative describing the reasons for the proposed street vacation, the physical limits of the proposed street vacation and the public benefit of the proposed street vacation.
D. Setting of Hearing. Upon receipt of the petition, the fee and all required documents, the city clerk or designee shall forward the petition and required documents to the appropriate City department director, who shall determine whether the petition has been signed by the owners of more than two-thirds of the property abutting the part of the street or alley to be vacated. If the petition has been signed by the requisite percentage of such owners, the city manager or designee shall bring the petition before the city council within 30 days of receipt of the petition, and the city council shall by resolution fix the time when the petition will be heard by the city council, or a committee of the city council, which time shall not be more than 60 days nor less than 20 days after the adoption of the resolution. Where the city council initiates the vacation by resolution, that resolution shall fix the time when the proposed vacation will be heard by the city council or a committee of the city council.
E. Staff Report. The city manager or designee, in conjunction with the community and public works department director, shall prepare a report concerning the proposed vacation. The department director shall evaluate the advisability of the proposed vacation based on the existing and future transportation system needs and requirements. The report shall address the criteria to be considered by the city council in determining whether to vacate the street or alley, and such other information as deemed appropriate by the city manager or designee including, but not limited to, drainage requirements and street closure requirements, such as the removal and replacement of concrete and asphalt, and placement of barriers limiting vehicle movements. In preparing the report, the city manager or designee shall solicit comments from the police department and the fire department and may solicit comments from other governmental agencies and utility companies having jurisdiction or utilities within the boundaries of the City. The report shall be submitted to the planning commission and to the petitioner and his or her representative not less than seven calendar days before the hearing.
F. Notice of Hearing. Upon the passage of the resolution fixing the time for hearing the petition or proposal for vacation, the department director or designee shall give not less than 20 days’ notice of the time, place and purpose of the hearing by:
1. Posting a written notice in three conspicuous places in the City;
2. Publishing written notice once in the City’s official newspaper;
3. Posting a minimum 24-inch by 36-inch notice/sign in a conspicuous place at each end of the street or alley sought to be vacated describing the proposed vacation and the date, time and location of the public hearing; and
4. Mailing written notice to all petitioners at the addresses on the petition and all owners of property abutting the street or alley proposed to be vacated, as shown on the records of the Spokane County assessor, not to exceed 90 calendar days from the date of the public hearing. The same written notice shall be sent to the representative of the petitioners at the address on the petition.
G. Protest. If, prior to the time of the hearing, 50 percent or more of the abutting property owners file written objections to a city council-initiated vacation with the city clerk, the City shall be prohibited from proceeding with the vacation. Such objection must be submitted to the City prior to 4:00 p.m. on the date of the hearing. (Ord. 22-015 § 2, 2022; Ord. 17-004 § 3, 2017; Ord. 07-015 § 4, 2007).
22.140.030 Planning commission review and recommendation.
A. The hearing on the petition or proposal shall be held before the planning commission upon the day fixed by resolution or at the time to which a hearing may be adjourned. In its consideration of the proposed vacation of the street or alley, the planning commission shall render a recommendation based on the following criteria:
1. Whether a change of use or vacation of the street or alley will better serve the public;
2. Whether the street or alley is no longer required for public use or public access;
3. Whether the substitution of a new and different public way would be more useful to the public;
4. Whether conditions may so change in the future as to provide a greater use or need than presently exists; and
5. Whether objections to the proposed vacation are made by owners of private property (exclusive of petitioners) abutting the street or alley or other governmental agencies or members of the general public.
B. Following the hearing, the city manager or designee shall forward the planning commission’s recommendation and the hearing minutes to the city council at a regularly scheduled meeting. If a hearing is held before the planning commission, it shall not be necessary to hold a hearing before the city council; however, the city council may, at its discretion, determine to hold a separate hearing on the proposal. (Ord. 22-015 § 2, 2022; Ord. 17-004 § 3, 2017; Ord. 07-015 § 4, 2007).
22.140.040 City council decision.
A. Following the hearing and receipt of the planning commission’s recommendation, the city council shall determine whether to vacate the street or alley. The determination shall consider, but not be limited to, the findings of the planning commission.
B. If the city council determines to grant the vacation, the action shall be made by ordinance with such conditions or limitations as the city council deems necessary and proper to preserve any desired public use or benefit. The ordinance shall contain a provision retaining or requiring conveyance of easements for construction, repair and maintenance of existing and future utilities and services.
C. Pursuant to RCW 35.79.040, the city council, in approving a street vacation request, shall specify that the vacated portion of the street or alley shall belong to the abutting property owners, one-half to each, unless factual circumstances otherwise dictate a different division and distribution of the street or alley to be vacated.
D. The city council reserves the right to require compensation as a condition of approval of ordinance action; provided, that such compensation shall comply with the requirements of RCW 35.79.030 and the criteria established by City resolution relating to street vacations; and further, that any required compensation shall be paid to the City prior to the City’s participation in required title transfer actions. (Ord. 22-015 § 2, 2022; Ord. 07-015 § 4, 2007).
22.140.050 Vacation of waterfront streets.
A. The city shall not vacate a street or alley if any portion of the street or alley abuts a body of water unless:
1. The vacation is sought to enable the City to acquire the property for beach or water access purposes, or launching sites, park, public view, recreation, educational purposes, or other public uses;
2. The city council, by resolution, declares that the street or alley is not presently being used as a street or alley and that the street or alley is not suitable for any of the following purposes:
a. Beach or water access;
b. Launching sites;
c. Park;
d. Public view;
e. Recreation;
f. Education; or
3. The vacation is sought to enable the City to implement a plan, adopted by resolution or ordinance, that provides comparable or improved public access to the same shoreline area to which the street or alley sought to be vacated abuts, had the properties included in the plan not been vacated.
B. Before adopting an ordinance vacating a street or alley under SVMC 22.140.050(A)(2), the city council shall:
1. Cause an inventory to be compiled of all rights-of-way within the City that abut the same body of water that is abutted by the street or alley sought to be vacated;
2. Cause a study to be conducted to determine if the street or alley to be vacated is unsuitable for use by the City for any of the following purposes:
a. Launching sites;
b. Beach or water access;
c. Park;
d. Public view;
e. Recreation; or
f. Education;
3. Hold a public hearing on the proposed vacation in the manner required by Chapter 35.79 RCW and this chapter; and
4. Include in its written decision a finding that the street or alley sought to be vacated is not suitable for any other purposes listed under SVMC 22.140.050(B)(2), and that the vacation is in the public’s interest.
C. Notice of the public hearing on the proposed vacation shall be provided in accordance with SVMC 22.140.020(F); provided, that the City shall also post notice of the public hearing conspicuously on the street or alley sought to be vacated, which notice shall indicate that the area is a public access, that the street or alley is proposed to be vacated, and that anyone objecting to the proposed vacation should attend the public hearing or send a letter to the city manager or designee indicating the objection. (Ord. 22-015 § 2, 2022; Ord. 17-004 § 3, 2017; Ord. 07-015 § 4, 2007).
22.140.060 Application of zoning district designation.
The zoning district designation of the properties adjoining each side of the street or alley to be vacated shall be automatically extended to the center of such vacation, and all area included in the vacation shall then and henceforth be subject to all regulations of the extended districts. The adopting ordinance shall specify this zoning district extension inclusive of the applicable zoning district designations. (Ord. 22-015 § 2, 2022; Ord. 07-015 § 4, 2007).
22.140.070 Recording of ordinance.
The city manager or designee shall cause a certified copy of the ordinance vacating a street or alley or part thereof, to be recorded in the office of the Spokane County auditor. (Ord. 22-015 § 2, 2022; Ord. 07-015 § 4, 2007).
22.140.080 Compliance to city council conditions.
All conditions of city council authorization shall be fully satisfied prior to any transfer of title by the City. (Ord. 22-015 § 2, 2022; Ord. 07-015 § 4, 2007).
22.140.090 Record of survey required.
Following the city council’s passage of the ordinance approving the proposal to vacate the street or alley, a record of survey prepared by a registered surveyor in the state of Washington and including an exact metes and bounds legal description and specifying, if applicable, any and all easements for construction, repair and maintenance of existing and future utilities and services shall be submitted by the proponent to the city manager or designee. Said record of survey shall contain the professional stamp and signature of the registered surveyor, and the proponent indicating acceptance of the vacated property. (Ord. 22-015 § 2, 2022; Ord. 17-004 § 3, 2017; Ord. 07-015 § 4, 2007).
22.140.100 Monumentation.
The surveyor shall locate a monument at the intersection of the centerline of the vacated right-of-way with each street or right-of-way in accordance with the standards established by this chapter. (Ord. 22-015 § 2, 2022; Ord. 07-015 § 4, 2007).
22.140.110 Costs of title transfer to be borne by proponent.
All direct and indirect costs of title transfer of the vacated street or alley from public to private ownership including, but not limited to, title company charges, copying fees, and recording fees are to be borne by the proponent. The City assumes no financial responsibility for any direct or indirect costs for the transfer of title. (Ord. 22-015 § 2, 2022; Ord. 07-015 § 4, 2007).