Chapter 16.36


16.36.010    Type of application and procedures.

16.36.020    Pre-application conference.

16.36.030    Requirements for a completed application.

16.36.040    Distribution and review.

16.36.050    Criteria for recommendation.

16.36.060    City council action.

16.36.010 Type of application and procedures.

A plat vacation is a Type IVA permit application as set forth in Title 19, BMC and shall be submitted and processed according to procedures therein except in the case where the only portion of the plat being vacated is a street or alley, in which case, the procedures contained in 13.20 BMC, as now exists and may be hereafter amended, shall apply. The planning commission holds a public hearing pursuant to Chapter 19.05, BMC. Subsequently, the planning commission makes a recommendation to the city council. The planning commission’s recommendation may be appealed as set forth in Chapter 19.06, BMC. Such recommendation shall be submitted to the city council not later than fourteen days following action by the planning commission. The city council makes a final closed record decision pursuant to Chapter 19.06, BMC, which is appealable to Douglas County superior court. If a plat vacation includes the vacation of streets or alleys that abut bodies of water additional procedures contained in 35.79.035 RCW shall be integrated into the vacation process. This chapter shall not be construed as applying to the vacation of any plat of state-granted shore lands. (Ords. 493 (part), 1998)

16.36.020 Pre-application conference.

A pre-application conference is required as set forth in Section 19.02.010. (Ord. 493 (part), 1998)

16.36.030 Requirements for a completed application.

Whenever any person is interested in the vacation of any subdivision or portion thereof, or any area designated or dedicated for public use, that person shall submit an application to the administrator on an application form available from the administrator in accordance with Chapter 19.02, BMC. Any additional project permit applications that are required by the city for the proposed plat alteration may be submitted as specified in Section 19.01.020(B), BMC. In addition to those items required in Chapter 19.02, BMC, the application shall include:

A.    A legibly drawn representation of the plat as it presently exists and of the proposed vacation, both to scale. Such plat shall include existing utilities, right-of-ways, easements, critical areas and shall indicate the location of any body of water. A map of the city, or portion thereof, shall also be attached that shows where the plat is located in the city.

B.    If the subdivision is subject to restrictive covenants which were filed at the time of the approval of the subdivision, and the application for vacation would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the vacation of the subdivision or portion thereof; and

C.    The reasons for vacation and signatures of all parties having an ownership interest in that portion of the subdivision subject to vacation. (Ord. 493 (part), 1998)

16.36.040 Distribution and review.

Plat vacation proposals shall be distributed and reviewed as set forth for preliminary plats in Sections 16.12.040 through 16.12.050. (Ord. 493 (part), 1998)

16.36.050 Criteria for recommendation.

A.    The planning commission shall determine the public use and interest served by the proposed vacation in developing a recommendation for the city council.

B.    If any portion of the land contained in the subdivision was dedicated to the public for public use or benefit, the planning commission shall recommend that such land, if not deeded to the city, shall be deeded to the city unless it is found that the public use would not be served in retaining title to those lands.

C.    The planning commission shall consider criteria set forth in Section 16.12.060 in its review of the proposed vacation to assure that vacation of a portion of a subdivision will not diminish the benefit to the remainder of the plat that may be provided by that portion of the plat being vacated. The planning commission may recommend conditioning or denial of the proposed plat vacation if it is found that the proposal will increase nonconformance with such criteria.

D.    If any land within a subdivision is part of an assessment district any outstanding assessments shall be equitably divided and levied against the remaining lots, parcels, or tracts, or be levied equitably on the lots resulting from the vacation.

E.    Title of the vacated property shall vest with the rightful owner as shown in the county records. If the vacated land is land that was dedicated to the public, for public use other than a road or street, and the legislative authority has found that retaining title to the land is not in the public interest, title thereto shall vest with the person or persons owning the property on each side thereof, as determined by the legislative authority. If any land within the proposed vacation contains a dedication to the general use of persons residing within the subdivision, such land may be altered and divided equitably between the adjacent properties.

F.    If any land included in the proposed vacation includes dedicated streets and/or alleys that abut bodies of fresh water, 35.79.035 RCW shall be consulted and conditions and procedures for the vacation of such lands shall be considered and applied, as appropriate.

G.    When a road or street that is to be vacated was contained wholly within the subdivision and is part of the boundary of the subdivision, title to the vacated road or street shall vest with the owner or owners of property contained within the vacated subdivision. (Ord. 493 (part), 1998)

16.36.060 City council action.

A.    The city council shall consider the same factors and criteria as reviewed by the planning commission in making its decision on the proposed preliminary plat as well as the findings of fact of both the administrator and planning commission.

B.    If, after considering the matter at a public meeting in accordance with Section 19.06.040, BMC, the city council deems a change in the planning commission’s recommendation approving or disapproving any preliminary plat is necessary, the council shall adopt its own recommendations and approve or disapprove the preliminary plat. The city council may adopt all or part of the planning commission’s findings or make separate findings to support its decision.

C.    Every decision or recommendation made under this section shall be in writing and shall include findings of fact and conclusions to support the decision or recommendation. (Ord. 493 (part), 1998)