§ 16.70.050.1.1. Vacating public rights-of-way, easements, and air and subsurface rights.

A.

Applicability. Applications to vacate public rights-of-way, easements, and air and subsurface rights shall follow the procedures as provided in this subsection.

B.

Initiation. An application may be initiated by the property owners representing at least 51 percent of the linear frontage of the right-of-way, easement, or ground area below or above the air or subsurface rights proposed for vacation. The City Council may also initiate a right-of-way, easement or air or subsurface rights vacation on its own initiative (currently City Council Resolution 2007-202 sets forth nonbinding guidance for this action) and without letters of consent from abutting owners.

C.

Application. An application shall include the following information in addition to the information that the POD may generally require for a vacation application:

1.

Signed letters of consent from the property owners representing at least 51 percent of the linear frontage of the right-of-way, easement, or ground area below or above the air or subsurface rights proposed for vacation. Once a complete application is filed, a revocation of a letter of consent by a property owner shall not stop the process but may be considered by the Commission and City Council.

D.

Procedure.

1.

Public rights-of-way.

a.

Staff review and recommendation. After the POD has reviewed the application, the POD shall send a report to the commission designated in the Decisions and Appeals Table, with a copy to the applicant, recommending whether the application should be approved, approved with conditions or denied, and the grounds for such recommendation.

b.

Commission review. Upon receipt of the recommendation from the POD, the Commission shall conduct a public hearing on the application. The Commission shall make a recommendation to the City Council regarding the application. The recommendation shall be based upon the matters identified for consideration and may include any proposed modifications or conditions to the requested vacation.

c.

City Council review and decision. Upon receipt of the recommendation from the Commission, the City Council shall conduct a public hearing on the application and shall approve, approve with conditions, or deny the requested vacation. The City Council shall act by ordinance. The City Council may vote to deny a request at the time the first reading of the ordinance is conducted and, if denied, the City Council shall not be required to hold a second reading or a public hearing.

2.

Easements.

a.

Staff review and recommendation. After the POD has reviewed the application, the POD shall send a report to the Mayor or City Administrator, with a copy to the applicant, recommending whether the application should be approved, approved with conditions or denied, and the grounds for such recommendation.

b.

Approval. Easement vacations shall not be effective until approved in writing by the Mayor or City Administrator and recorded in the public records of the county.

3.

Air and subsurface rights.

a.

Applications for vacation of air or subsurface rights over or under rights-of-way shall follow the procedures for vacation of rights-of-way.

b.

Applications for vacation of air or subsurface rights over or under easements shall follow the procedures for vacation of easements.

E.

Matters for consideration. For matters identified for consideration, see the subdivisions section of the general development standards.

F.

Expiration. Approval of right-of-way vacations shall lapse and become void unless the vacation ordinance is recorded by the City Clerk in the public records within 24 months from the date of such approval or unless an extension of time is granted by the commission designated in the Decisions and Appeals Table or, if appealed, by the City Council prior to the expiration thereof. Each extension shall be for a period of time not to exceed one year. The vacation ordinance shall be recorded after any conditions precedent have been compiled with.

(Code 1992, § 16.70.050.1.1; Ord. No. 876-G, § 30, 2-21-2008; Ord. No. 892-G, § 6(16.70.050.1.1), 9-4-2008; Ord. No. 985-G, §§ 116—119, 7-15-2010; Ord. No. 1029-G, § 58, 9-8-2011; Ord. No. 100-H, § 9, 12-19-2013)