17.32.045 Approval – Council consent.
A. The planning commission shall not approve the vacation of a dedicated area unless it finds, from evidence before it:
1. That the vacation is not primarily for a private purpose; and either
2. That the area is no longer necessary for public use or the public welfare; or
3. That the public welfare will be enhanced by the vacation.
The planning commission may approve the vacation of a part of the dedicated purposes or uses while leaving other dedicated uses in place and it may impose new uses and purposes on the area subject to the vacation so long as the new uses or purposes are not more burdensome than those vacated.
The findings shall be set out in a resolution approving the vacation. The approval of the vacation becomes effective on the thirty-first (31st) day after the adoption of the approving resolution unless the approval is vetoed by the city council. If the vacation approval becomes effective, a final plat shall be submitted showing the vacation and any new or reserved public purpose required by the city council. Upon a determination by the platting officer that the final plat conforms to the requirements of this title, the platting officer shall execute the certificate of vacation and the plat shall be filed in the district recorder’s office; provided, if the plat effects any subdivision action other than the vacation or the reservation of the vacated area for another public purpose, the final plat shall be approved by the planning commission.
B. The resolution approving the vacation shall be immediately transmitted to the city council. The city council may, by motion or resolution, consent to or veto the vacation. The failure of the council to take action on the vacation within thirty (30) days of the date the planning commission resolution was adopted constitutes council consent to the vacation as approved by the planning commission.
C. If the council determines that all or a portion of the area approved by the planning commission for vacation should be devoted to another public purpose, the council may, by motion or resolution approved within thirty (30) days of the planning commission approval, consent to the vacation and reserve the area for such other public purpose as long as the new purpose is not more burdensome than the purposes vacated. [Ord. 01-05 § 7.]