Chapter 17.370
VACATION

Sections:

17.370.010    General.

17.370.020    Initiation.

17.370.030    Staff review of private application.

17.370.040    Hearing.

17.370.050    Decision.

17.370.060    Conditions.

17.370.070    Effective date.

17.370.010 General.

The city may find it appropriate and necessary to vacate a street, alley, plat, or other public place when the public interest will not be prejudiced by the proposed vacation. Example of instances where the public interest would be prejudiced includes, but is not limited to, situations where the vacation would adversely affect public access or hinder efficient development. Vacation may be found to be appropriate and necessary for municipal purposes or to promote public welfare. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.345.010].

17.370.020 Initiation.

(1) A property owner may initiate a vacation by providing the director with:

(a) A notarized petition of consent signed by owners of the “affected property” as defined by state statute; this includes the written, notarized consent of each of the owners of all abutting property and of not less than two-thirds in area of the real property affected thereby. For the purposes of this section, “real property affected thereby” shall be the land lying on either side of the street or portion thereof proposed to be vacated and extending laterally to the next street that serves as a parallel street, but in any case not to exceed 200 feet, and the land for a like lateral distance on either side of the street for 400 feet along its course beyond each terminus of the part proposed to be vacated. Where a street is proposed to be vacated to its termini, the land embraced in an extension of the street for a distance of 400 feet beyond each terminus shall also be counted.

(b) A legal description and map of the ground proposed to be vacated.

(c) The purpose and justification for the vacation.

(d) If applicable, a plat showing the proposed manner of replatting or rededication.

(2) The city council may initiate a vacation by a majority vote without a petition or consent of property owners and prior to giving public notice. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.345.020].

17.370.030 Staff review of private application.

The department shall verify that the signed petition is valid and meets the requirements of CBDC 17.370.020(1). The application shall then be presented to the city council with an initial recommendation from the department. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.345.030].

17.370.040 Hearing.

If a vacation is initiated by petition and the council concludes the vacation has merit, or if a vacation is initiated upon motion by the council, the council shall set a date for public hearing before the planning commission in accordance with the provisions of this chapter and CBDC 17.130.110, Type IV procedure, and CBDC 17.130.120, Notices. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.345.040].

17.370.050 Decision.

The planning commission shall make a recommendation to the city council to approve, conditionally approve, or deny a request for a vacation. The council shall review the record and affirm, amend, or reverse the commission recommendation, or remand the matter back for further consideration.

Actions of the commission and the council shall be taken only after adopting findings or statements of fact which substantiate all of the following conclusions:

(1) Vacation Initiated by Private Property Owner – Approval Criteria.

(a) The affected property owners provided their consent in writing.

(b) The city-provided notice has been provided consistent with CBDC 17.130.120, Notices.

(c) The proposal does not conflict with the comprehensive plan, including the adopted Coos Bay transportation system plan (TSP), or other applicable ordinances.

(d) The vacation does not prejudice the public interest.

(2) Vacation Initiated by Council Motion – Approval Criteria.

(a) Owners of the majority of the area affected did not object to the vacation in writing prior to the hearing.

(b) The vacation of a street will not substantially affect the marketability of abutting property in terms of access, utility services, or protective services, unless the owners of the affected property consent or provisions have been made to pay damages.

(c) The city-provided notice has been provided consistent with CBDC 17.130.120, Notices.

(d) The proposal does not conflict with the comprehensive plan, including the adopted Coos Bay transportation system plan, or other applicable ordinances.

(e) The vacation does not prejudice the public interest. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.345.050].

17.370.060 Conditions.

The planning commission and council may impose conditions necessary for the vacation, to be provided at the applicant’s expense, including but not limited to:

(1) Retention of easements for physical access, public utilities, or other public service facilities and limitations on the use of the area adjacent to those facilities.

(2) Construction or removal of public utilities or other public service facilities and limitations on the use of the area adjacent to those facilities.

(3) Replatting or rededication of land to be vacated.

(4) Improvement of streets or alleys prior to rededication. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.345.060].

17.370.070 Effective date.

Upon approval of a proposed vacation and/or fulfillment of conditions, the city council shall enact an ordinance which declares the land to be vacated and specifies the conditions under which the vacation is made. The proposed vacation will become effective 30 days after enactment of the ordinance, unless an appeal is filed. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.345.070].