17.84.025 Approval Criteria for Vacating Streets.

City Code Section

(Added by Ordinance 188177; Amended by Ordinance 188695, effective May 24, 2018.)

  1. A.  In considering whether the vacation will prejudice the public interest, the Council will consider the following factors, as relevant:
    1. 1.  The area proposed to be vacated is not needed presently, and is not identified in any adopted plan, for public services, transportation functions, utility functions, stormwater functions, view corridors and/or viewpoints, tree planting/retention, pedestrian amenities, or community or commercial uses.
    2. 2.  The vacation does not prevent the extension of, or the retention of public services, transportation functions, utility functions, stormwater functions, view corridors and/or view points.
    3. 3.  Public services, transportation functions, or utilities can be extended in an orderly and efficient manner in an alternate location;
    4. 4.  The vacation does not impede the future best use, development of, or access to abutting property;
    5. 5.  The area of the vacation is not presently, or will not in the future be, needed as part of an interconnected system of public streets that is generally consistent with the street connection and bicycle/pedestrian spacing requirements in Section 17.88.040 Through Streets.
  2. B.  When approving, or approving in part, a petition to vacate a street the Council may make reservations or conditions.  Reservations or conditions may pertain to:
    1. 1.  The maintenance and use of underground public utilities or service facilities in the portion vacated;
    2. 2.  Limitations on use of the area above and adjacent to underground utilities or service facilities;
    3. 3.  Moving at petitioner’s expense the utility or service facilities either below, on or above the surface;
    4. 4.  Construction, extension or relocation of sidewalks and curbs, multi-use paths, trails, or other similar pedestrian or bicycle facilities;
    5. 5.  Grading or pavement extensions;
    6. 6.  Dedication for street use or other area in lieu of the area to be vacated;
    7. 7.  Replat; and
    8. 8.  Any other matter of like or different nature relating to the vacated area and remaining or relocated street area adjacent to petitioner’s property, or area dedicated in lieu of the vacation area.

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