(A) Initiation. The abandonment or vacation of public right-of-way may be initiated by the City Council, City Manager, Public Works Director, Director, or any property owner who owns land adjoining the public right-of-way under consideration for abandonment or vacation. If the application is made by a private property owner, the appropriate fee shall be paid as established in the city planning and zoning fee schedule. If the city initiates the process, no fee is charged for this abandonment/vacation request. As applicable, A.R.S. §§ 28-7201 et seq. will govern this process. Otherwise, the processes outlined herein will control.
(B) Process.
(1) The process shall be initiated by written request for abandonment/vacation by any authorized entity, and it shall include the following, at a minimum: A location map of the area proposed to be abandoned/vacated; the subject right-of-way; any abutting properties; a vicinity map, if necessary; and a memorandum stating the reasons for requesting the abandonment or vacation.
(2) The information for the requested abandonment/vacation shall be forwarded to all public utility companies, applicable city departments and outside agencies serving the proposed area to be abandoned/vacated to request their review and comments.
(3) For public rights-of-way, including roadways as defined in A.R.S. § 28-7201, notice shall be provided as specified in A.R.S. § 28-7202 Disposition of Unnecessary Public Roadways.
(4) The City Council shall hear the request at their next regularly scheduled meeting as a public hearing, where they can vote to approve, approve with conditions, or deny the request.
(C) Staff report. City staff shall prepare and transmit a staff report to the City Council. The report shall include an evaluation of the practicality of the proposed vacation/abandonment with the General Plan, Zoning Code, and any other applicable city plans, and all applicable utilities and Public Works Department standards. The staff report shall also provide an analysis and recommendation. A copy of the staff report shall be made available to the public and any affected parties prior to the public hearing.
(D) Notification and advertisement. For public rights-of-way only, including roadways as defined in A.R.S. § 28-7201, notice shall be provided as specified in A.R.S. § 28-7202, Disposition of Unnecessary Public Roadways.
(E) Action by the City Council. The City Council shall conduct a public hearing. Upon completion of this hearing, Council shall approve, approve with conditions, or deny the application. Approval shall be made by resolution. (Unless specifically approved otherwise, vacated/abandoned public rights-of-way property shall equally revert to the property owners on either side of vacation/abandonment.)
(Ord. 692-22, passed 5-11-2022)