1638 - Resolution - Superseding Resolution No. 1573 Street/Alley Vacation Policy6` RESOLUTION NO. 1638
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON
SUPERSEDING RESOLUTION NO. 1573 AND ADOPTING A NEW
STREET/ALLEY VACATION POLICY AND FEES
WHEREAS, RCW 35.79 sets forth statutory provisions for street
vacations, and
WHEREAS, the City Council is the guardian of all public property and
has an obligation to review each request to vacate public right-of-way, and
WHEREAS, it is the desire of the City Council to establish policies
setting consistent basic standards which will serve as a guide for property owners,
city staff and elected officials.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD DOES
HEREBY RESOLVE:
THAT the following is hereby adopted as the City of Port Orchard
STREET/ALLEY VACATION POLICY
It is the policy of the City of Port Orchard to grant vacation of street/alley
right-of-way when it is determined that such property is not needed presently or in
the future for public access including vehicular, pedestrian and/or visual access.
Section 1. A Petition to Vacate shall be submitted to the City Clerk's Office.
City staff shall review petition prior to acceptance to confirm all information,
fees and attachments are included.
Section 2. The accepted petition shall be transmitted to the Street/Alley Committee
and the City Engineer for administrative review and recommendation. Each proposed
vacation shall be considered on its own merit, however, the Review Standards
contained herein (Section 4) shall be used as base review criteria.
Section 3. After administrative review, the Clerk's Office shall prepare a draft
resolution for Council consideration setting date and time for a Public Hearing on
the Petition to Vacate. Such Public Hearing shall not be more than sixty (60) days
and not less than twenty (20) days after date of passage of such Resolution.
Section 4. REVIEW STANDARDS. The following are standards which shall constitute the
base for the review of each petition to vacate. The review process shall not be
limited by these delineated standards. Other factors may be considered which are
unique to a specific action.
a. The right-of-way must be determined to have no foreseeable or possible
public use.
b. State law (R.C.W. 35.79) "No city or town shall be authorized to have
authority to vacate such street, or alley, or any parts thereof if any
portion thereof abuts on a body of salt or fresh water unless such
Resolution No. 1638
Page 2 of 2
vacation be sought to enable the city, town, port district, or state to
acquire the property for port purposes, boat moorage, or launching
sites, recreational, viewpoint, park, or educational purposes, or other
public uses. This proviso shall not apply to industrial zoned
property."
C. The removal of public access does not adversely affect access to other
property(s). No vacation will be allowed if such action land locks any
existing parcel, lot of record, or tract.
d. The vacation of the property does not adversely affect utilities such
as water, sewer, storm, electric and others.
e. The enlarging of property area does not create potential or actual land
uses that are inconsistent with city growth plans and goals.
f. The City receives the fullest monetary amount allowed by law.
g. The petition should contain the approval of all the abutting property
owners and proof of ownership must accompany the petition.
h. There has been a public hearing as set forth by RCW 35.79, with
adjacent property owners receiving notification.
Section 5. FEES: All actions to petition for vacation of public right-of-way
shall be subject the following fees:
a. Application Fee: The application fee to submit a Petition to Vacate
Public Right -of -Way shall be $10.00. This is a non-refundable fee and
shall be paid by the petitioner. In the event the administrative cost
to process a Petition to Vacate exceeds $100.00, the petitioner will be
accessed additional fees.
b. Compensation for vacated property: The petition to vacate public
right-of-way shall be accompanied by a certified check that provides
for one-half the value of the land. The value of the land will be
based on the following square foot valuations: Residential: $5.00;
Commercial: $10.00; and, Industrial: $10.00. In lieu of a certified
check based on the estimated values, the petitioner may submit a
certified check based on an appraisal. The appraisal must be included
with the petition. The City reserves the right to accept or reject the
submitted appraisal. If the Petition is denied the certified check
will be returned to the petitioner.
PASSED by the City Council of the City of Port Orchard, APPROVED by the
Mayor and attested by the Clerk in authentication o 7such passage this 28th day of
June, 1993.
LESLIE J. WEATHERILL, MAYOR
ATT
Patricia Mower, City Clerk