Chapter 12.14


12.14.010  Street vacation policies.

12.14.020  Application required.

12.14.030  Review criteria.

12.14.040  Street vacation procedures.

Legislative history: Ord. 92-267.

12.14.010 Street vacation policies.

The following policies will be considered by the city council in determining whether to grant any proposed street vacation to:

A. Serve the best interests of the city as a whole, as well as the property owners abutting the proposed street vacation, including without limitation concerns for health, safety and efficient transportation.

B. Comply with applicable state laws governing street vacations.

C. Evaluate applications to vacate streets or public rights-of-way based upon consistency of the application with the review criteria provided in MCMC 12.14.030.

12.14.020 Application required.

All persons seeking a street vacation shall complete an application form provided by the department of community development. Applications for street vacations shall at a minimum:

A. Address the requirements for street vacations established by the department of community development.

B. Include an independent appraisal of the value of the property sought to be vacated. Such appraisal shall be at the applicant’s own expense, and shall be acceptable to the department of community development, and may be required to be prepared by a state-certified real estate appraiser licensed by the state of Washington.

C. Contain the application fee set forth in Chapter 3.42 MCMC.

12.14.030 Review criteria.

The following matters will be considered by the council in determining whether to grant or deny any proposed street vacation:

A. Whether the public will benefit from the proposed vacation. No vacation shall be approved unless the public will benefit thereby.

B. Whether affected property owner(s) will be injured by the proposed vacation.

C. Whether the public works department, department of community development, or other affected agencies have recommended the vacation, including the conditions of approval, if any.

D. The effect on the city’s transportation network, including whether new streets will have to be opened, or existing streets improved, as a result of the proposed vacation.

E. The consistency of the proposed vacation with the city’s comprehensive plan. Vacations which are inconsistent with the city’s comprehensive plan may not be approved unless the applicant can demonstrate extraordinary conditions sufficient to justify approval of the proposed vacation.

F. Whether vacating only a part of the affected street would accomplish the same or sufficiently similar objectives as vacating the entire parcel.

G. Whether the proposed vacation will require the city to reimburse another jurisdiction for road or mitigation funds.

H. Whether appropriate and necessary easements for utilities and other public services and uses will be required or available. In every street vacated under this chapter, the city shall reserve easements or the right to exercise and grant easements for public uses, including without limitation easements for construction, maintenance, and repair of public utilities and other public services and uses.

I. No vacations shall be approved unless the applicant shall pay the city appropriate compensation pursuant to Chapter 35.79 RCW. Applicants may appeal the payment of the assessed value required by this section by filing a written appeal with the city council at least five days before the date set for council consideration of the vacation. The appeal shall state with specificity the reduction desired and the reasons therefor. The council may grant or deny such request at its discretion.

12.14.040 Street vacation procedures.

A. Every application for street vacation shall be processed according to law.

B. The department of community development shall recommend to the city council approval or denial of each proposed street vacation, along with any appropriate conditions.

C. The city council shall consider each application for street vacation in accordance with applicable law. Public hearings shall be before the city council as a whole. Denials shall be made by motion. Approvals shall be made by ordinances.

D. No vacation approved by the city council shall take effect until all statutory requirements and conditions imposed by the council shall have been fully satisfied.