Ordinance 29330006.150.003
WSS /are
05/18/93
ORDINANCE NO. 2933
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, REPEALING AND REENACTING CHAPTER
20.70 STREET VACATIONS AND FIXING A TIME WHEN
THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, the City Council finds that the current method
of processing street vacation requests is inefficient and may
result in certain situations in the vacation of some portions of a
street and the retention of others in a situation where neither
portion is completely usable either by abutting property owners or
the City of Edmonds, and
WHEREAS, the City Council wishes to return to a system
which better reflects the application of state law, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The Edmonds Community Development Code is
hereby amended by the repeal of the current Chapter 20.70 Street
Vacations and the reenactment of a new Chapter 20.70 Street
Vacations to read in words and letters as follows:
20.70.000 PURPOSE. This chapter establishes
the procedure and criteria that the City will
use to decide upon vacations of streets,
alleys, and public easements.
20.70.010 APPLICABILITY. This chapter
applies to each request for vacation by City
Council or by petition. Note: if the street
to be vacated is shown on the Official Street
Map (Chapter 19.80), the approved street
vacation also changes the Official Street Map
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to remove the vacated street (See Chapter
20.65).
20.70.020 CRITERIA FOR VACATION. The City
Council may vacate a street, alley., or
easement only if it finds that:
A. The vacation is in the public interest;
and
B. No property will be denied direct access
as a result of the vacation.
20.70.030 CITY EASEMENT RIGHTS FOR PUBLIC
UTILITIES AND SERVICES. In vacating a street,
alley, or easement, the City Council may
reserve for the City any easements or the
right to exercise and grant any easements for
public utilities and services.
20.70.040 LIMITATIONS ON VACATIONS.
A. Areas that may Not be Vacated. The City
may not vacate any street, alley,
easement, or part thereof that abuts any
body of water unless all elements of RCW
35.79.035 are complied with, and the
vacated area will thereby become
available for the City or other public
entity to acquire and to use for a public
purpose.
B. Objection by Property owner. The City
shall not proceed with the vacation if
the owners of fifty (50) percent or more
of the property abutting the street or
alley or part thereof, or underlying the
easement or part thereof, to be vacated
file a written objection in the Planning
Division prior to the time of the
hearing.
20.70.050 INITIATION OF PROCEEDINGS. A
vacation may be initiated by:
A. City Council; or
B. The owners of more than two - thirds of
property abutting the portion of the
street or alley to be vacated or, in the
case of an easement, two - thirds of
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property underlying the portion of the
easement to be vacated.
20.70.060 APPLICATION REQUIREMENTS. An
applicant may apply for a vacation by
submitting the following:
A. A vacation petition with supporting
affidavits on forms provided by the
Planning Division;
B. A legal description of the street, alley,
easement, or part thereof to be vacated.
This legal description shall be prepared
by a surveyor registered in the State of
Washington;
C. Fifteen (15) paper copies of a site map
showing the street, alley, easement or
part thereof to be vacated and showing
all properties with subdivision, block,
lots, and specifying open and unopened
rights -of -way for a radius of four
hundred (400) feet from the street,
alley, easement, or part thereof, to be
vacated. These site maps must be at a
scale of one -inch equals fifty (50) feet;
D. An eight and one -half (8z) by eleven (11)
inch clear plastic transparency of the
site map;
E. Address labels obtained from the
Snohomish County Comptroller's office
containing the names and addresses of the
owners of all property within three
hundred (300) feet of any boundary of the
street, alley, easement, or part thereof,
to be vacated;
F. A copy of the Snohomish County Assessor's
map identifying the properties specified
in subsection (E) of this section;
G. Two (2) copies of an appraisal prepared
by a qualified land appraiser with an
M.A.I. designation, establishing the fair
market value of the street, alley, or
part thereof to be vacated. An appraisal
is not required if a utility easement
only is proposed to be vacated;
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H. A completed application and fee as
established by ordinance;
I. If the property was originally dedicated
by one and only one of the abutting
properties, the designation of the
property from which the right -of -way was
dedicated; and
J. Any additional information or material
that the Manager of the Planning Division
or his /her appointee determines is
reasonably necessary for the City Council
to consider the requested vacation.
20.70.070 PUBLIC HEARING - DATE FIXING.
Subsequent to the completion of an
application, or initiation by City Council,
the City Council shall by resolution fix a
time when the City Council will hold a public
hearing on the proposed vacation. The hearing
will be not more than sixty (60) days nor less
than twenty (20) days after the date of
passage of the resolution.
20.70.80 STAFF REPORT PREPARATION.
A. Contents. The Planning Manager or
his /her designee, shall prepare a staff
report containing the following
information:
1. All pertinent application
materials submitted by the
applicant;
2. All comments regarding the
vacation received in the
Planning Division prior to
distribution of the staff
report;
3. An analysis of the requested
vacation in relation to the
provisions of this chapter and
the applicable provisions of
the comprehensive plan; and
4. A recommendation on the
vacation.
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B. Distribution. Prior to the hearing, the
Planning Manager shall distribute this
report to:
1. Each member of the City
Council; and
2. Each applicant (if applicable).
20.70.090 PUBLIC NOTIFICATION - CONTENTS AND
DISTRIBUTION.
A. Content. The City Clerk shall prepare a
public notice containing the following
information:
1. A statement that a request to
vacate the street, alley,
easement, or part thereof will
be considered by the City
Council;
2. A locational description in
nonlegal language along with a
vicinity map that identifies
the street, alley, easement, or
part thereof;
3. A statement of the time and
place of the public hearing
before the City Council;
4. A statement of the availability
of the vacation file; and
S. A statement of the right of any
person to submit written
comments to the City Council
prior to or at the public
hearing and to appear before
the City Council at the hearing
to give comments orally.
B. Distribution. At least twenty (20)
calendar days before the public hearing
the Planning Manager shall distribute the
public notice as follows:
1. A copy will be sent to the
owner of each piece of property
within three hundred (300) feet
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of any boundary of the street,
alley, easement, or part
thereof to be vacated;
2. A copy will be sent to each
resident living immediately
adjacent to the street, alley,
easement, or part thereof to be
vacated;
3. A copy will be published in the
official newspaper of the City;
4. At least three (3) copies will
be posted in conspicuous public
places in the City; and
5. At least three (3) copies will
be posted on the street, alley,
easement, or part thereof to be
vacated.
20.70.100 VACATION FILE CONTENT AND
AVAILABILITY.
A. Content. The Planning Manager shall
compile a vacation file which contains
all information pertinent to the proposed
vacation.
B. Availability. This file is a public
record. It is available for inspection
and copying in the Planning Division
during regular business hours.
20.70.110 PUBLIC HEARING - REQUIRED. The
City Council shall hold a public hearing on
each requested vacation.
20.70.120 PUBLIC HEARING - CONTINUATION. The
City Council may continue the hearing if, for
any reason, it is unable to hear all of the
public comments on the vacation, or if the
City Council determines that it needs more
information on the vacation. If during the
hearing, the City Council announces the time
and place of the next hearing on the vacation,
no further notice of the hearing need be
given.
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20.70.130 PUBLIC HEARING - PRESENTATION BY
PLANNING MANAGER. At the outset of the
hearing, the Planning Manager or his /her
designee shall make a brief presentation of:
A. An analysis of the requested vacation in
relation to the provision of this chapter
and the applicable provisions of the
comprehensive plan; and
B. A recommendation on the requested
vacation.
20.70.140 FINAL DECISION.
A. Generally. Following the public hearing,
the City Council shall, by motion
approved by a majority of the. entire
membership in a roll call vote, either:
1. Adopt an ordinance granting the
vacation; or
2. Adopt a motion denying the
vacation; or
3. Adopt a resolution of intent to
vacate stating that the City
Council will, by ordinance,
grant the vacation if the
applicant meets specific
conditions within ninety (90)
days. The City may require the
following as conditions:
a. Either:
(1) Monetary compensa-
tion to be paid to
the City in the
amount of up to one -
half the fair market
value for the
street, alley, or
part thereof to be
vacated unless ac-
quired at "public
expense ", then full
appraised value
shall be paid; or
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(2) The grant of a sub-
stitute public
right -of -way which
has value as an ac-
cess way at least
equal to the vacated
street, alley, or
part thereof; or
(3) Any combination of a
subsections (1) and
(2) above totaling
but not more than
one -half the fair
market value of the
street, alley, or
part thereof to be
vacated.
OR
b. A grant of an ease-
ment to the City in
exchange for the
easement vacated.
If the applicant complies with conditions
imposed in the resolution of intent to
vacate within ninety (90) days, the City
Council shall adopt an ordinance granting
the vacation.
B. Findings Required. As part of each
ordinance granting a vacation, motion
denying a vacation, or resolution of
intent to vacate, the City Council shall
adopt findings and conclusions to support
its decision.
C. Distribution. Within five (5) working
days of the City Council decision, the
Planning Manager shall mail a copy of the
notice of decision to the applicant and
all persons who submit a written or oral
testimony at the City Councill's hearing.
Section 2. Severability. If any section,
sentence, clause or phrase of this ordinance should be
held to be invalid or unconstitutional by a court of
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competent jurisdiction, such invalidity or unconstitu-
tionality shall not affect the validity or
constitutionality of any other section, sentence, clause
or phrase of this ordinance.
Section 3. Effective Date. This ordinance, being an
administrative action, is not subject to referendum and shall take
effect five (5) days after publication.
APPROVED:
i
ATTEST /AUTHENTICATED:
C Y CLERK, ONDA J. MARCH
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY L v--r54Z
FILED WITH THE CITY CLERK: May 21, 1993
PASSED BY THE CITY COUNCIL: June 1, 1993
PUBLISHED: June 6, 1993
EFFECTIVE DATE: June 11, 1993
ORDINANCE NO. 2933
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SUMMARY OF ORDINANCE NO. 2933
of.the City of Edmonds, Washington
On the 1st day of June , 1993, the City Council of
the City of Edmonds, passed Ordinance No. 2933 . A summary
of the content of said ordinance, consisting of the title, provides
as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, REPEALING AND
REENACTING CHAPTER 20.70 STREET VACATIONS AND FIXING A TIME WHEN
THE SAME SHALL BECOME EFFECTIVE.
request.
The full text of this Ordinance will be mailed upon
DATED this 2nd day of June , 1993.
STATE OF WASHINGTON,
COUNTY OF SNOHO1viISH,
surnmarY Or me
sold ordlnonce,
the tRie, provides
will be moiled upon
fhis 2nd daY at June,
OA J. MARCH
lerk a 6, 1993.
B -2 -1
ss.
Affidavit of Publication
RECEIVED
JUN 111993
EDMONDS CITY CLERK
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
printed and published in the City of Everett, County of Snohomish,
and State of Washington; that said newspaper is a newspaper of
general circulation in said County and State; that said newspaper
has been approved as a legal newspaper by order of the Superior
Court of Snohomish County and that the notice ......... ...............................
Summary of Ordinance No. 2,933
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City of Edmonds
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a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
June 6, 1993
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and that said.. -new paper was regularly distributed to its subscribers
durin ;all of . said � rio..d.
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Principal Clerk
Subscribed and sworn to before me this........ TO!............
of............. June........... ... ..�..........................., 19...93.
.. . . . . .. ..... ......................... . . .... —U. .. ........ .. ..........................................
Notary Public in and of Washington,
residing at Everett �h�n ti .
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