Ordinance 05-012 Amends SVMC 10.05 Street Vacation Regulations CITY OF SPOKANE VALLEY,
SPOKANE COUNTY WASHINGTON
ORDINANCE NO. 05-012
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON,
RENUMBERING AND AMENDING SPOKANE VALLEY MUNICIPAL CODE 10.05 220 ARTICLE
Ill RELATING TO THE REGULATIONS FOR THE VACATION OF PUBLIC 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, Spokane Valley Municipal Code 10.05.220 establishes the procedures and requirements for
the vacation of public rights-of-way;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SPOKANE VALLEY,
WASHINGTON ORDAINS AS FOLLOWS:
Section 1. Section 10.09.04.10 of the Spokane Valley Uniform Development Code is hereby established
to read as follows:
"SECTION 10.09.04.10.01 — Purpose and intent. The purpose of this article is to establish
procedures, notice requirements and fees for the vacation of 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
to read as follows:
"SECTION 10.09.04.10.02 — 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 10.09.04.10.03—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.
SECTION 10.09.04.10.04—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 1.0.09.04.1.0.05—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
Ordinance 05-012 Street Vacation Amendment Page 1 of 5
record of survey, if available, for the subject street and alley proposed for vacation and abutting
properties and streets and alleys (4) written evidence of any and all easements or allowances or
reservations, public or private, pertaining to the street or alley proposed for vacation; (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, and (6) a one inch
equals one hundred foot site map showing proposed division of vacation..
SECTION 10.09.04.10.06 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 clays 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 10.09.04.10.07 Staff Report. The Director, in conjunction with the Public Works
Department shall prepare a report concerning the proposed vacation. The. Public Works
Department shall be 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 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 10.09.04.10.08 — Notice of Hearing. Upon the passage of the resolution fining 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(l) 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 heairng; 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 10.09.04.10.09- 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.
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SECTION 10.09.04.10.10 — 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 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.
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.
SECTION 10.09.04.10.11 — 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 consider, but not be limited to, the findings of the
Planning Commission.
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.
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 10.09.04.10.02—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:
Ordinance 05-012 Street Vacation Amendment Page 3 of 5
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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 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:
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: 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, quid 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 10.09.04.10.08 of this Section, 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 10.09.04.10.13 — 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 10.09.04.10.14-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.
Ordinance 05-012 Street Vacation Amendment Page 4 of 5
. .
SECTION 10.09.04.10.15 — 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 10.09.04.10.16—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 of the area
to be vacated, 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 and filed upon completion with the Spokane
County Auditor. The surveyor shall provide the City of Spokane Valley with a mylar copy of the
recorded survey and the Auditor's Document Number and date of recordation.
SECTION 10.09.04.10.17—Monumentation. The surveyor shall locate at least two monuments
on the centerline of the vacated right-of-way with one located 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 the Spokane County Standards for Road and Sewer Construction.
SECTION 10.09.04.10.18—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 2 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 3 — 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.
PASSED by the City Council this 22nd clay of March,2005.,
ot- -V.. w aiv..--6_,
Diana Wilhite,Mayor
ATTEST:
Cohristine Bainbridge, City Clerk
Approved as to fort .--7::::
.I l7tiskefl, Deputy/ , v
(Si Attorney
I 4
Date of publication: `-0/-
Effective date: a-& -O
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