023-14 - Resolution - Establishing a Street/Alley Vacation Policy and FeesIntroduced by: Development Director
Requested by: Development Director
Drafted by: Development Director
Introduced: July 8, 2014
Adopted: July 8, 2014
RESOLUTION NO. 023-14
A RESOLUfiON OF THE CI1Y OF PORT ORCHARD,
WASHINGTON ESTABLISHING A 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 CI1Y COUNCIL OF THE CI1Y 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 Public Property
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 (6o) 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.
public use.
Resolution No. 023-14
Page 2 of2
(1) The right-of-way must be determined to have no foreseeable or possible
(2) 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 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 provision shall not apply to
industrial zoned property."
(3) 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.
(4) The vacation of the property does not adversely affect utilities such as
water, sewer, storm, electric and others.
(5) The enlarging of property area does not create potential or actual land
uses that are inconsistent with city growth plans and goals.
(6) The City receives the fullest monetary amount allowed by law.
(7) The petition should contain the approval of all the abutting property
owners and proof of ownership must accompany the petition.
(8) 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:
(1) Application Fee: The application fee to submit a Petition to Vacate Public
Right -of-Way shall be $100.00. 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 assessed additional fees.
(2) Compensation for vacated property: The petition to vacate public right-
of-way shall be for the full-appraised value of the land. 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 City will refund the petitioner.