13.50.100 Public hearing procedures.
A. In accordance with BMC 2.56.050(C)(4), the hearing examiner shall hold a public hearing on the requested vacation. The hearing shall be open to the public. The hearing examiner shall make a complete electronic sound recording of each hearing.
B. The hearing examiner may continue the hearing if, for any reason, it is unable to hear all the public comments on the vacation, or if the hearing examiner determines that it needs more information on the vacation. If, during the hearing, the hearing examiner announces the time and place of the next hearing on the vacation, no further notice of the hearing need be given.
C. At the outset of the hearing, the planning department director or designee shall provide an analysis of the requested vacation in relation to the provisions of this chapter and the applicable provisions of the comprehensive plan. The planning department director or designee shall also present the technical review committee’s recommendation on the requested vacation.
D. Any interested person may participate in the public hearing in either or both of the following ways:
1. By submitting written comments to the hearing examiner either by delivering the comments to the planning department prior to the hearing or by giving the comments directly to the hearing examiner at the hearing; and
2. By appearing in person, or through a representative, at the hearing and making oral comments directly to the hearing examiner. The hearing examiner may reasonably limit the extent of these oral comments to facilitate the orderly and timely conduct of the hearing.
E. After the public hearing, the hearing examiner shall issue written findings of fact, conclusions of law, and recommendation on whether city council should approve the requested vacation of the subject right-of-way based on the criteria in BMC 13.50.110. The hearing examiner shall forward the findings of fact, conclusions of law, and recommendation along with the record from the public hearing to city council for its consideration and decision. [Ord. 2023-09-029 § 2].