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Ordinance 04-002 Provides Street Vacation Regulations CITY OF SPOKANE VALLEY, WASHINGTON ORDINANCE NO. 04-002 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, PROVIDING REGULATIONS FOR THE VACATION OF STREET RIGHTS-OF-WAY. WHEREAS,RCW 35A.47.020 provides statutory authority for cities to vacate public rights-of-way; WHEREAS, RCW 35.79 provides a general procedural framework for cities to vacate public rights-of- way; and WHEREAS, the City would like to have an ordinance that provides specific guidance to its citizens on the procedural requirements for vacating public rights-of-way. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SPOKANE VALLEY, WASHINGTON DOES ORDAIN AS FOLLOWS: SECTION 1 — Purpose and intent. The purpose of this chapter is to establish procedures, notice requirements and fees for the vacation of streets and alleys within the city. This chapter is intended to implement the authority granted to the city by Chapter 35.79 RCW and RCW 35A.47.020 and to conform to their provisions. In case of conflict between this chapter and those statutes, the provisions this Ordinance shall be controlling. SECTION 2 —Initiation of Vacation. The owners of an interest in any real property abutting upon any 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. SECTION 3 — Petition for Vacation. The petition shall be in a form prescribed by the Community Development Director(hereinafter referred to as "the Director"or his or her designee) 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,. The petition shall also discuss the criteria set forth in Section 11 of this Ordinance. The sufficiency of the petition shall be governed by RCW 35A.01.040. SECTION 4 — Petition fees. Every petition for the vacation of any street or alley or any part thereof, shall be accompanied by a fee in an amount established by resolution of the city to defray a portion of the administrative costs incurred in processing the petition and publishing, posting and mailing notices. The fees shall not be refunded under any circumstances. The amount of the petition fees shall be set by Resolution, and the set amount shall be stated in the City of Spokane Valley Master Fee Schedule. SECTION 5—Submittal Requirements for Petitions. Every petition shall be accompanied by: (1) an Assessor's Map from the Spokane County Assessor's Office 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 and streets and alleys within 100 feet on all sides of the proposed vacation; (4)written evidence of any and all easements or allowances or reservations, 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. Street Vacation Ordinance 04-002 Page 1 of 5 SECTION 6— Setting of Hearing. Upon receipt of the petition, the fee and all required documents, the City Clerk shall forward the petition and required documents to the 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 Director 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. SECTION 7 — Staff Report. The Director, in conjunction with the Public Works Department shall prepare a report concerning the proposed vacation. The Public Works Department shall he responsible for conducting a needs analysis of the street or alley proposed for vacation in consideration of existing and future transportation system needs and requirements. The report shall address the criteria (see Section 11) 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 Director including but not limited to drainage requirements, street closure requirements such as the removal and replacement of concrete, asphalt, and placement of barriers limiting vehicle movements. In preparing the report, the Director shall solicit comments from the Police Department, 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 (7) calendar days before the hearing. SECTION 8 — Notice of Hearing. Upon the passage of the resolution fixing the time for hearing the petition or proposal for vacation, the City Clerk, or the Director, acting under direction and supervision of the City Clerk, shall give not less than 20 days' notice of the time, place and purpose of the hearing by(I) posting of a written notice in three (3) conspicuous places in the City; (2) publishing written notice once in the City's official newspaper, (2) posting a minimum twenty-four (24) inch by thirty-six (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 (3) 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 ninety (90) calendar days from the date of the public hearing. The Director shall send the same written notice to the representative of the petitioners at the address on the petition. SECTION 9 — Protest. If fifty (50) percent or more of the abutting property owners file written objections to a City Council-initiated vacation with the City Clerk, prior to the time of the hearing, the city shall be prohibited from proceeding with the vacation. SECTION 10 — Planning Commission Review and Recommendation. 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 consideratoin of the proposed vacation of the street or alley, the Planning Commission shall render a recommendation based on the criteria specified in Section 11.A-E. Following the hearing, the Director 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, provided that the City Council may at its discretion determine to hold a separate hearing on the proposal. Street Vacation Ordinance 04-002 Page 2 of 5 SECTION 11. —City Council Decision. 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 include,but not be limited to, consideration of the following criteria: A. Whether a change of use or vacation of the street or alley will better serve the public; B. Whether the street or alley is no longer required for public use or public access; C. Whether the substitution of a new and different public way would be more useful to the public; D. Whether conditions may so change in the future as to provide a greater use or need than presently exists; and E. 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. 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 may contain a provision retaining or requiring conveyance of casements for construction; repair and maintenance of existing and future utilities and services. 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. 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 RC W 35.79.030, and further, that any required compensation shall be paid to the City prior to the City's participaiton in required title transfer actions. SECTION 12—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: beach or water access, launching sites, park, public view, recreation, or 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 Street Vacation Ordinance 04-002 Page 3 of 5 • 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 subsection(A)(2) of this section, the City Council shall: I.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: launching sites, beach or water access, park,public view recreation, or 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 subsection (B)(2) of this section, 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 the notice provisions of Section 8 of this Ordinance, 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 Director indicating the objection. SECTION 13 — 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 shall 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. SECTION 14 - Recording of ordinance. A certified copy of the ordinance vacating a street or alley or part thereof, shall be recorded by the City Clerk in the office of the Spokane County Auditor. SECTION 15—Compliance to City Council Conditions. All conditions of City Council authorization shall be fully satisfied prior to any transfer of title by the City. SECTION 16 — 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 Director. Said record of survey shall contain the professional stamp and signature of the registered surveyor, shall contain signature lines for the City of Spokane Valley Community Development Director, City of Spokane Valley Public Works Director or designee, and the proponent indicating acceptance of the vacated street or alley. Said record of survey shall also specifying location, dimensions and area of all parcels of land abutting and within one hundred (100) feet on all sides of the vacated street or alley. Street Vacation Ordinance 04-002 Page 4 of 5 SECTION 17–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 will not assume any financial responsibility for any direct or indirect costs for the transfer of title. SECTION 18 – Severability. if any section, sentence, clause or phrase of this ordinance, or any regulation, rule or order adopted pursuant to the authority thereof be determined invalid or unconstitutional, it shall not affect the validity or constitutionality of any other section,sentence, clause or phrase of this ordinance. SECTION 19 – Effective date. This ordinance shall be in full force and effect five (5) days after publication of this ordinance or a summary thereof in the official newspaper of the City as provided by law. PASSE!)by the City Council this p'■O day of January, 2004. L— 'I N' Michael DeVleming,M yor ATTE t...-• / eh-Ifs-tine Bainbridge, City Clerk I ,EEiE0008404 ���� S+ JP0A- . 0 . . Approved as to form: .ti G POp �e.. : uPA a 4 _ INV 1 Cary P. ttiskell, Deputy Attorney �° ���L .1ye4' Date of publication: 5---at r Eeat i O Effective date: / —3 l) -d 9 • Street Vacation Ordinance 04-002 Page 5 of 5