Chapter 12.80
STREET AND ALLEY VACATIONS
Sections:
12.80.030 Initiation by resolution.
12.80.050 Review for reservation of easement.
12.80.060 Compensation for vacation.
12.80.070 Recipients of vacated right-of-way.
12.80.080 Approval considerations.
12.80.090 Limitations on vacations of streets abutting bodies of water.
12.80.010 Purpose.
This chapter establishes procedures and criteria for the vacation of city right-of-way. The provisions of this chapter supplement chapter 35.79 RCW. The requirements of chapter 35.79 RCW govern the processing of all petitions under this chapter. (Ord. 2706 § 1 (part), 2019)
12.80.020 Petitions.
The owners of an interest in any real estate abutting any city right-of-way, or any part thereof, may petition for the vacation of such city right-of-way, or any part thereof, by submitting an application, consistent with a form established by the city, to the city clerk along with a nonrefundable fee in the sum established by SMC 18.56.060. To be considered, the application shall contain a petition signed by the owners of more than two-thirds of the property abutting the right-of-way sought to be vacated. (Ord. 2706 § 1 (part), 2019)
12.80.030 Initiation by resolution.
The council itself may initiate a vacation procedure by resolution. (Ord. 2706 § 1 (part), 2019)
12.80.040 Public hearing.
Upon receipt of a complete application for the vacation of any city right-of-way or the passing of a resolution regarding the same, the council shall set a public hearing and provide notice pursuant to RCW 35.79.010 and 35.79.020. If, prior to the time of the hearing, 50 percent of the abutting property owners file a written objection to the proposed vacation with the city clerk, the council shall be prohibited from vacating the right-of-way. (Ord. 2706 § 1 (part), 2019)
12.80.050 Review for reservation of easement.
If, following a public hearing on the matter, the council determines to grant such petition, it shall review the necessity for a reservation of easements over said property, and if it shall determine that easements are required, it shall provide in the vacation ordinance for the reservation of an easement or easements or the right to exercise and grant easements in respect to the vacated land for the construction, repair and maintenance of public utilities and services. (Ord. 2706 § 1 (part), 2019)
12.80.060 Compensation for vacation.
A. If the council determines to grant a petition or any part thereof, the council may provide in the vacation ordinance that said ordinance shall not become effective until the owners of property abutting upon the street or alley, or part thereof so vacated, and in whom the title to said vacated street or alley shall vest, shall compensate the city for the vacated property in an amount established by council. If the property has been part of a dedicated public right-of-way for 25 years or more, or if the property, or portions thereof, were acquired at public expense, the sum established by council shall not exceed the full appraised value of the area vacated. In all other instances, the sum established by council shall not exceed one-half the appraised value of the area vacated. The appraised value shall be determined upon the basis of an appraisal performed at the expense of the petitioner(s) and by an appraiser approved by the city. If the vacation ordinance requires payment as specified in this section, said payment shall be made to the city within 90 days after passage of the ordinance by the city or said ordinance shall become void.
B. Upon receipt of timely payment, the city shall, at its expense, record a certified copy of the ordinance with the county auditor’s office. Pursuant to RCW 35.79.030, one-half of the revenue received by the city as compensation must be dedicated to the acquisition, improvement, development, and related maintenance of public open space or transportation capital projects within the city. (Ord. 2706 § 1 (part), 2019)
12.80.070 Recipients of vacated right-of-way.
Upon vacation of any right-of-way, or portion thereof, the vacated property shall belong to the abutting property owners, one-half to each. However, if the city determines that the vacated right-of-way was dedicated entirely from one or more abutting parcels, title to the vacated property shall go to the owner of the parcel from which the right-of-way, or any vacated portion thereof, was dedicated. (Ord. 2706 § 1 (part), 2019)
12.80.080 Approval considerations.
In determining whether to vacate any public right-of-way under this chapter, the council shall consider the following:
A. Whether the proposed vacation is within the interest of the public good either in terms of needed development or the best or most desirable use of the property, among other things.
B. Whether the proposed vacation subject area is presently or in the future needed for locating public services, facilities, or utilities.
C. Whether the vacation would prevent the extension of or the retention of public services, facilities, or utilities.
D. Whether any existing public services, facilities, or utilities in the subject area can be relocated or replaced in an orderly and efficient manner in an alternate location.
E. Whether the subject area is presently or in the future suitable for public non-motorized access between city blocks or neighborhoods; for a public park or access or public parking to serve a public park, trail or other public facilities; or for public access to educational and recreational opportunities at environmentally critical areas.
F. Whether the vacation will cause any parcel to be landlocked or will result in inadequate access to a right-of-way.
G. Whether the proposed vacation complies with SMC 12.80.090.
H. Whether the vacation would impede the future best use of the remainder of the property under the same ownership or any adjoining land; or adversely affect the development of the remainder land, or any adjoining land, or access thereto; and the vacation does not conflict with provisions of this land use code including the street connectivity standards and block lengths. (Ord. 2706 § 1 (part), 2019)
12.80.090 Limitations on vacations of streets 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. 2706 § 1 (part), 2019)