13.50.110 Criteria for granting street vacation.
A. The decision on a vacation petition is a legislative determination by city council based upon the complete record from the public hearing before the hearing examiner including the hearing examiner’s findings of fact, conclusions of law, and recommendation. The city council shall consider the complete record and make its decision at a closed record hearing in accordance with BMC 1.26.050. The city council may, in its discretion, vacate a street or alley governed by this chapter if:
1. The vacation is in the public interest; and
2. The subject right-of-way is not currently necessary for transportation or other right-of-way purposes, nor likely to be in the future. Transportation purposes are assumed to include vehicular, pedestrian, and other forms of transportation; and
3. No existing parcel, lot of record, or tract will be denied all access as a result of the vacation of the subject right-of-way; and
4. If any portion of the street or alley abuts a body of fresh or salt water, the requirements of BMC 13.50.120 are met; and
5. The street or alley is not adjacent or leading to any park, open space, view, natural area, or other natural or artificial attraction.
B. The city council may consider any other fact or issue that is part of the record from the public hearing it deems relevant when deciding whether to vacate a street or alley, including, but not limited to, the street or alley’s proposed use after vacation.
C. The city council may accept the recommendation of the hearing examiner or reject the same in whole or in part. If city council rejects the recommendation in whole or in part, then it shall make findings of fact and conclusions of law explaining its decision. [Ord. 2023-09-029 § 2].